HomeMy WebLinkAbout083-04 27 Sconset Avenue Silverio,I (
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TOWN OF NANTUCKET m rn
BOARD OF APPEALS o m
NANTUCKET, MASSACHUSETTS 'W5_ 4 °
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Date: Auril 8.2014
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Applicatio the following:
Application No: 083 -04
Original owner /Applicant: Stephen A. Silverio
Current Owner /Applicant: SARA GOLDSMITH SCHWARTZ S
WILLIAM E. HANNUM, III
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.
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 49.2.3, Parcel 23.1 Book 1226, Page 22
27 Sconset Avenue Lot 1
Sconset Residential Ten (SR -10) Plan Book 22, Page 89
DECISION:
1. At a public meeting of the Nantucket Zoning Board of Appeals (Board) on
Thursday, March 13, 2014, at 12:00 p.m., at 4 Fairgrounds Road, Nantucket, Massachusetts, the
Board made the following decision on the application of Sara Goldsmith Schwartz and
William E. Hannum, HI, of 234 Brentwood Circle, North Andover, Massachusetts 01845, File
No. 083 -04:
2. Applicant requested a rescission of previously issued Special Permit granted to
prior owner, Stephen A. Silverio, in Zoning Board of Appeals Decision No. 083 -04. The Locus
is situated at 27 Sconset Avenue, shown on Nantucket Assessor's Map 49.2.3 as Parcel 23.1,
upon Plan Book 22, Page 89, and evidence of owner's title is recorded at Book 1226, Page 22 on
file at the Nantucket County Registry of Deeds. The site is currently zoned Sconset Residential
10 (SR -10).
3. This decision is based upon the application and accompanying materials, representations,
and testimony received at the public meeting. There was no Planning Board recommendation on
the basis that no matters of planning concern were presented. There no letters in favor or in
opposition to the requested rescission.
4. Leslie Snell explained the request that the Board rescind the Special Permit due to the
change of zoning of the property from Sconset Residential 20 (SR -20) to Sconset Residential 10
(SR -10). The original permit, issued when the site was located in the SR -20 district, was
granted in order to reduce the side yard setback requirement from ten (10) feet to 7.3 feet. At the
2013 Annual Town Meeting, the site was placed in the SR -10 zoning district which has a five (5)
foot side yard setback requirement, thereby rendering said special permit relief unnecessary
pursuant to Zoning By -Law Section 139- 16.C(1).
The lot was created in a 1983 subdivision, prior to a 1984 zoning change from SR -1 to
SR -2 (later known as SR -20), and, consequently, retains its status as a lot of record whose
original zoning designation was SR -1. Therefore, the locus is pre- existing nonconforming as to
lot size with a lot area of 6,274 square feet in the SR -10 district where minimum lot size is
10,000 square feet. Locus is also pre- existing nonconforming as to frontage, having fifty (50)
feet of frontage on Sconset Avenue in a district where seventy-five (75) feet of frontage is
required. The two -story single family dwelling, with a ground cover of 1,365 square feet, was
built in 2004. The structure, as shown on plan entitled `Building Location Plan of Land in
Nantucket, Ma. ", prepared by Charles W. Hart & Associates, Inc., dated June 2, 2008, a reduced
copy of which is attached herewith as "Exhibit A ", meets all other dimensional requirements and
intensity regulations for the SR -10 zoning district.
5. Therefore, based on the application materials, testimony received at the public
meeting, and the request, the Board finds that special permit relief for the locus is not required.
No evidence was presented to support the need for special permit relief for waivers from any
sections of the Zoning Bylaw.
6. Accordingly, by UNANIMOUS VOTE of the four sitting members of the
ZONING BOARD OF APPEALS, the Board of Appeals rescinded the previously issued Special
Permit granted to Stephen A. Silverio, prior owner, in Zoning Board of Appeals Decision No.
083 -04, recorded with the Registry of Deeds in Book 945, Page 290.
SIGNATURE PAGE TO FOLLOW
Assessor's Map 49.2.3, Parcel 23.1 Book 1226, Page 22
27 Sconset Avenue Lot 1
Sconset Residential Two (SR -2) Plan Book 22, Page 89
Dated: {, , 2014
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On the 'day of 7/ 2014, before me, the undersigned notary public, personally
appeared one of the above -named members of the
Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose name is
signed on the preceding document, and acknowledged that he signed the foregoing instrument voluntarily
for the purposes therein expressed.
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PROFESSIONAL LAND SURVEYOR
MIS PLOT PLAN WAS PREPARED FOR ME TOWN
OF NANMCRET BUILDING DEPARTMENT ONLY AND
SHOULD NOT BE CONSIDERED A PROPERTY LINE
SURVEY. MIS PLAN SI1 n NOT B USEn ro
ESTABLISH PROPERTY LINES, FENCES, HEDGES OR
ANY ANCILLARY SMCMRES ON ME PREIAISES
ME PROPERTY LINES SHOWN RELY ON CURRENT
DEEDS AND PLANS OF RECORD.
MIS PLOT PLAN IS NOT A MRTFlCARON AS 1O
TITLE OR OWNERSHIP OF ME PROPERTY SHOWN.
ONNERSOF ADJOINING PROPERTIES ARE SHOWN
ACCORDWG TO CURRENT ASSESSOR RECORDS
ASSESSOR MAP: . °/9,..?. j, PARCEL
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E'rAL
BUILDING LOCATION PLAN
OF LAND IN
NANTUCKET, MA.
SCALE: 1' =20� DATE:
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Lo�:....27 .5�4NS:ET
CHARLES W HART and ASSOCIATES, Inc.
PROFESSIONAL L4NO SURVEYORS
8 WILLIAMS LANE
NANTUCKET, MASS. 02554
(508) 228 -8910
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