The URL can be used to link to this page

Home My WebLink About067-84 3 Doc Ryder DriveRRECEIVED EC TOWN OF NANTUCKET Z ,y !R C Phi 3 1? BARD OF APPEALS "ANTUCKET TOWN CLE NANTUCKET, MASSACHUSETTS 02554 Date: May 29, 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 067 -84 Original Owner /Applicant: Roxana E. Viera Current Owner /Applicant: Robert B. Lang, Trustee of the Lang Family Nominee Trust 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. d,( _o-1 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 66, Parcel 210 Certificate of Title 24983 3 Doc Ryder Drive shown as Lot 108 Residential Ten (R -10) Land Court Plan 28933 -M DECISION: 1. At a public meeting of the Nantucket Zoning Board of Appeals (Board) on Thursday, May 8, 2014, at 1:00 p.m., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of Robert B. Lang, Trustee of the Lang Family Nominee Trust, of P.O. Box 614, Nantucket, Massachusetts 02554, File No. 067 -84: 2. Applicant requested a rescission of previously issued Special Permit granted to prior owner, Roxana E. Viera, in Zoning Board of Appeals Decision No. 067 -84. The Locus is situated at 3 Doc Ryder Drive, is shown on Nantucket Assessor's Map 66 as Parcel 210, and upon Land Court Plan 28933 -M. Evidence of owner's title is recorded at Certificate of Title 24983 on file at the Nantucket County Registry District of the Land Court. The site is currently zoned Residential 10 (R -10). 3. The 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 were no letters in favor or in opposition to the requested rescission. 4. Staff explained the request that the Board rescind the Special Permit. The lot was created in a 1982 subdivision. The original permit was granted in order to allow the construction of a single family dwelling with an accessory apartment, a use which required relief at that time. Use as an accessory apartment or a Duplex is allowed as matter of right in the R -10 district, thereby rendering said Special Permit relief unnecessary pursuant to Zoning By -Law Section 139 -7.A. The Applicant has obtained a change of use Zoning Permit (No. 431 -14) from the Zoning Enforcement Officer to designate the locus as a Duplex, a use which is allowed by right in the R- 10 district. The locus, as shown on plan entitled "Mortgage Inspection Plot Plan in Nantucket, Massachusetts ", prepared by Nantucket Surveyors, LLC, dated October 10, 2013, a reduced copy of which is attached herewith as "Exhibit A ", meets all other dimensional requirements and intensity regulations for the R -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 no longer 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 sitting members of the ZONING BOARD OF APPEALS, the Board of Appeals rescinded the previously issued Special Permit granted to Roxana E. Viera, prior owner, in Zoning Board of Appeals Decision No. 067 -84, recorded with the as Document 30796 with the Nantucket County Registry District of the Land Court. SIGNATURE PAGE TO FOLLOW Assessor's Map 66, Parcel 210 Certificate of Title 24983 3 Doc Ryder Drive shown as Lot 108 Residential Ten (R -10) Land Court Plan 28933 -M Dated: jVVU I % , 2014 ward oole S t MCC Lisa Bottice Geoffrey Thayer erim Koseat COMMONWEALTH OF MASSACHUSETTS Nantucket, ss �f' On the —Lk'day of V V At— 2014, before me, the undersigned notary public, personally appeared fA W a-Va 'rA 0 L(-- , 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. No Public: LYNELL D. VOLLANS My Commission Expir Notary Public IVCommonwealth of Messo<ausetts My Cemmis ;ion Expires D«ember 28, 2018 NOTES: LOWED "INN THE 'z' ME AS u6uieATE.) 1. ORIGINAL ZONING RC -2, REZONED 2007, M THE'RRW NAP Cr COMMUNITY N0. 2509W =4 1 (ATM - ARTICLE 31). NAP FIEVISm: n -6-96 BY THE FEDEBAI 2. DEED RESTRICTION NO. 5, SIDE/REAR TEL NANAffMFNT AGENCY SETBACK 10', FRONT SETBACK 20'. app 3. SEE SPECIAL PERMIT "ACCESSORY APARTMENT" L.C. DOC #30796 N/F '4�a MICHAEL A. GLOWACKI 66 -209 4� CB END BRICK #3 1 WF. ' I�STY . D. IIIIII 'w InO G c`qS ✓y�,t� ��4r �2ps'PQy9,Py ExlsnNc y VELL CB END CURRENT ZONING: R -10 MINIMUM LOT SIZE: 10,000 S.F. MINIMUM FRONTAGE: 75 FT. 06' FRONTYARD SETBACK: 20 FT. 2p SIDE AND REAR SETBACK: 10 FT. s ALLOWABLE G.C.R.: 25 % EXISTING G.C.R.: 10.1% FOR PROPERTY UNE DETERMINATION THIS PLOT PLAN REUES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHONTI HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. FENCE MORTGAGE INSPECTION PLOT PLAN IN NANTUCKET, MASSACHUSETTS SCALE: 1 " =30' DATE: 10/10/13 DEED REFERENCE: C -11245 PLAN REFERENCE: LC.PL. 28933 -M ASSESSOR'S REFERENCE: MAP: 66 PARCEL: 210 PREPARED FOR: ROBERT B. LANG, TRUSTEE THE CAPE COD FIVE CENTS SAVINGS NANTUCKET SURVEYORS LLC 5 WINDY WAY NANTUCKET, MA. 02554 Ell 11 LANDING - $ No. 36124 p� 0 LOT 108 AREA= 20,000±S.F. CB END N/F JAMES C. LEMA, ETAL \ 66 -211 InO G c`qS ✓y�,t� ��4r �2ps'PQy9,Py ExlsnNc y VELL CB END CURRENT ZONING: R -10 MINIMUM LOT SIZE: 10,000 S.F. MINIMUM FRONTAGE: 75 FT. 06' FRONTYARD SETBACK: 20 FT. 2p SIDE AND REAR SETBACK: 10 FT. s ALLOWABLE G.C.R.: 25 % EXISTING G.C.R.: 10.1% FOR PROPERTY UNE DETERMINATION THIS PLOT PLAN REUES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHONTI HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. FENCE MORTGAGE INSPECTION PLOT PLAN IN NANTUCKET, MASSACHUSETTS SCALE: 1 " =30' DATE: 10/10/13 DEED REFERENCE: C -11245 PLAN REFERENCE: LC.PL. 28933 -M ASSESSOR'S REFERENCE: MAP: 66 PARCEL: 210 PREPARED FOR: ROBERT B. LANG, TRUSTEE THE CAPE COD FIVE CENTS SAVINGS NANTUCKET SURVEYORS LLC 5 WINDY WAY NANTUCKET, MA. 02554