HomeMy WebLinkAbout082-14 27 Meadow View DriveTOWN OF NANTUCKET RECEIVED
BOARD OF APPEALSr1911 �n 1107
NANTUCKET, MASSACHUSETTS. 02554', I+ CLERK
Date: February 26, 2014
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 082 -13
Owner /Applicant: Lee A. MacLeod
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TWENTY (20) days after this day's
date. Notice of the action with a copy of the complaint and
certified copy of the Decision must be given to the Town Clerk so
as to be received within such TWENTY (20) days.
/ i/
Eleanor W. Antonietti,
Zoning Administrator
cc: Town Clerk
Planning Board
Building Commissioner /Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY -LAW SECTION 139 -30 (SPECIAL PERMITS); SECTION 139 -32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508- 325 -7587.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 56, Parcel 78
27 Meadow View Drive
Residential 20 (R -20)
DECISION:
Certificate of Title No. 21863
Land Court Plan 14830 -2
Lot No. 117
1. At a public hearing of the Nantucket Zoning Board of Appeals, on
Thursday, December 12, 2013, at 1:00 P.M., 4 Fairgrounds Road, Nantucket,
Massachusetts, the Board made the following decision on the application of Lee A.
MacLeod, 13 Farview Lane, East Falmouth, Massachusetts 02536, File No. 082 -13:
2. Applicant is requesting Special Permit relief pursuant to Zoning Bylaw
Section 139- 16.C(1) to validate the siting of the existing deck by reducing the rear yard
setback requirement from ten (10) feet to 9.47 feet. In 1998, a secondary dwelling was
constructed on the premises, and a grade -level deck attached thereto was sited as close as
9.47 feet from the rear lot line in a zoning district which requires a minimum rear yard
setback of ten (10) feet. The Locus meets all other requisite dimensional requirements of
the Zoning By -law. The Locus is situated at 27 Meadow View Drive, is shown on
Assessor's Map 56 as Parcel 78, and evidence of owner's title is recorded at Certificate of
Title No. 21863 on file at the Nantucket County Registry of Deeds. The site is zoned
Residential 20 (R -20).
4. Our decision is based upon the application and accompanying materials,
representations, and testimony received at our public hearing. There was no Planning
Board recommendation on the basis that no matters of planning concern were presented.
There were no letters or comments from the public.
5. As presented to the Board, the Owner and Applicant, Lee MacLeod,
explained to the Board of Appeals that she purchased the property in 2002, after the
construction of the deck. At the time of the purchase, she was unaware of the setback
intrusion caused by the siting of the deck. She was recently instructed by the Building
Department to seek relief for this violation with the Zoning Board of Appeals.
5. Therefore, after a discussion with the Applicant, the Board finds that such
a Special Permit for the relief sought by the Applicant pursuant to Nantucket Zoning
Bylaw Section 139 -16.C, which allows for a grant of relief to reduce the ten (10) foot rear
yard setback to five (5) feet in the R -20 zoning district, may be granted and that
correcting the intrusion substantially outweighs any benefit to an abutter. The relief
applies specifically to allowing the siting of an existing deck in the existing location not
closer than 9.47 feet from the rear lot line.
6. Accordingly, by a MAJORITY 4 -1 vote of the sitting Board (Mark Poor
opposed), the Zoning Board of Appeals grants a Special Permit for the relief sought by
the Applicant pursuant to Nantucket Zoning Bylaw Section 139- 16.C.(l) in order to
validate the location of an existing deck sited as close as 9.47 feet from the rear yard lot
line, as shown on plan entitled "Plot Plan of Land in Nantucket, Ma." prepared by John J.
Shugrue, dated September 18, 2002, a reduced copy of which is attached hereto and
marked as "Exhibit A ", subject to the following conditions:
a. The relief granted is specific to the siting of the existing deck and does not
apply to any other setbacks on the lot.
b. The Applicant agrees to apply for approval of the existing deck with the
Historic District Commission.
SIGNATURE PAGE TO FOLLOW
Assessor's Map 56, Parcel 78
27 Meadow View Drive
Residential 20 (R -20)
Certificate of Title No. 21863
Land Court Plan 14830 -2
No. 117
M
0tticelli
D ael .O'Mara
COMMONWEALTH OF MASSACHUSETTS
t tcket, SS
,2014
On the day of �T -�'L fore me, the undersigned
notary public, personally appeared ,one of the
above -named members of the Zoning Board of Appeals of Nantucket, Massachusetts,
personally known to me to be the person whose name is signed on the preceding
document, and acknowledged that he /she signed the foregoing instrument voluntarily for
the purposes therein expressed.
My Commission Expires:
�r/ MLUILIE WOODSON S ELL
NOTARY PUBLIC
CONOMWEATH OF RAUMSETTS
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R 1 VIEW DRIVE
MEADOW
ZONING:R -2
MINIMUM LOT SIZE 20,000 S.F.
NOTE, HOUSE '- CONSTRUCTED MINIMUM FRONTAGE,75 FT
IN 1980 OVER 10 YEARS FRONT YARD SETBACK,30 FT
THEREFORE NO ZONING REAR & SIDE SETBACK,10 FT,
VIOLATION. GROUND COVER RATIO :12.57.
PLOT PLAN OF LAND IN
�ZN�f4) NANTUCKET, MA
THE STRUCTURES oa"� �oNN SCALE, 1'= 30'
ARE LOCATED AS SHOWN w
snu�wue DATE, SEPTEMBER 18, 2002
No.'YJ529
Fm sg JOHN J. SHUGRUE, INC.
yo 57 OLD SOUTH ROAD
J j2HN . SHL19RUE PLS NANTUCKET, MA 02554
TES EPTEMDER 18, 2002 - FOR, ANN LEHAN
ASSESSORS MAP 56 PARCEL NO. 78 #5311ABS