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HomeMy WebLinkAbout046-14 73 Eel Point roadFee: $450.00 BO G© V46 TOWN OF NANTUCKET 44(3 BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION File No. -14 Owner's name(s): L. Dennis Shapiro, as Trustee of Dionis Realty Trust Mailing address: c/o Reade, Gullicksen, Hanley, Gifford & Cohen, LLP 6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584 Phone Number: 508 - 228 -3128 E -Mail: air @readelaw.com Applicant's name(s): Same Mailing Address: Same Phone Number: Same E -Mail: Same Locus Address: 73 Eel Point Road Assessor's Map /Parcel: 32 -16 Plan File No. 28C, Lot 1B Deed Reference Book 285, Page 274: Zoning District Limited Use General -2 Uses on Lot- Commercial: None Yes (describe) Residential: Number of dwellings (Vacant) Duplex Apartments Date of Structure(s): all pre -date 7/72 No or Building Permit Numbers: Previous Zoning Board Application Numbers: /949 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 te,l.e,ph, one_ 508 - .228..-72918. fa.csim.ite. r: \wps \sir \Suzan and Denn:z \=% application for s- zoie.doo: State below or attach a separate addendum of specific special permits or variance relief applying for: The applicant proposes to move an existing single- family dwelling from their nearby lot, separated from locus by land lying within the former location of Tristram Avenue which has been taken by the Town of Nantucket. The Town intends to dispose of this land under the "Yard Sale" program, with the applicant having first preference for its purchase as the direct abutter. The present location of the dwelling is affected by continuing erosion of the coastal bank. Locus, as separated from the applicant's remaining land by the Town -owned parcel, contains 35,461± square feet in lot area; minimum lot area in this Limited Use General -2 ( "LUG -2 ") zoning district is 80,000 square feet. Maximum ground cover ratio in the LUG -2 district is 40; the dwelling has ground cover of 2,202± square feet, which will result in a ground cover ratio of 6.2 ± %. The applicant proposes to place the dwelling with zero rear yard setback from the Town -owned parcel; minimum rear yard setback in the LUG -2 district is 15 feet (10 feet for lots of record) . Upon acquisition of the Town -owned parcel under the "Yard Sale" program, the applicant will merge locus with his remaining land and the Town -owned parcel, which will result in all dimensional zoning requirements being met: lot area will be 158,900± square feet, ground cover ratio will be 1.4 ± %, and all minimum setbacks will be maintained; however, the lot as so combined may not then comply with the regularity factor under Nantucket Zoning By -law §139 -16.D. Accordingly, the applicant requests relief by Variance from the Intensity Regulations set forth in By -law §139 -16.A, as to lot area, ground cover and rear yard setback, and as to regularity under By -law §139 -16.D, in order to enable the moving of the subject dwelling to take place pending acquisition of the Town - owned parcel under the Yard Sale program and to thereafter comply with zoning requirements. Present and proposed conditions are shown upon plans by Blackwell' & As'sociates, Inc., dated August 6, 2014, in three sheets, which are submitted with this application. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: L. De is Shapiro, Trustee Owner* By: SIGNATURE: v App4eaft /Attorney /Agent Ar hur I. Reade, Jr. OFFICE USE ONLY Application received on:—/—/— By: Complete: Need Copies: Filed with Town. Clerk: _/_ /._ Planning.Board:_ /_ /_ Building Dept.:_ /_ /_ By.: Fee deposited with Town Treasurer:-/-/- By:_ Waiver requested: Granted:_ /_ /_ Hearing notice posted with Town Clerk:_ /_ /— Mailed:—/—/— I &M_ /_ /_ &_ /_ /_ Hearing(s) held on: _ /_ /_ Opened on Continued to:_ /_ /_ Withdrawn:_/_ /_ Decision Due By._/_ /_ Made:—/—/— Filed w /Town Clerk:_ /_ /_ Mailed:—/—/— 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 22.8 - 72.1.5. tel.ephon.e. 508 - 2.2.8. -7298 facsimile, 7: \ApS \SHAPIH0\Susan and Dennis \ZHA application for 9- 2014.doca Town and County of Nantucket St /, 1U14 ,z 3, Property Information Property ID 32 16 Location 73 EEL POINT RD Owner SHAPIRO L DENNIS TRST DIONIS REALTY TRUST �A MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Town makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated December, 2013 9 - - RECEIVED BOARD OF ASSESSORS AUG 01 2014 Town of Nantucket TOWN OF NANTUCKET, MA Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER. ions 5... �L e C...... j ..�`'!.... ...................... MAILING ADDRESS..., c/o Reade, . Gullicksen ; Hanley .,.& Gifford, LLP PROPERTY LOCATION ..,?J.. E��...�� r'+ RoQc ..... ............................... ASSESSOR .MAP/PARCEL...r".f..?�,Z PQV-G.e.. - 1 � ............. ....................,...., :. - .......... _ . SUBMITTED BY.......,, Reade, Gullicksen, Hanley & Gifford, UP ................................ I.... . ........... I.......... SEE ATTACHED PAGES I certify that ther foregoing is a list of all persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land own_ ers within 300 feet of the property line of owner's propeity, as they appear on the most recent applicable tax list (M.G.L, c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B (2 )• . 24�. f _0/ DATE JI a A�� ASSESSOR'S OFFICE TOWN OF NANTUCKET a a 11 z a z M N z z z H O O w O 0 u O O O O O O a a d W H W W a W W W W W w o w o w w� w w w w w w b r H b o �C O� Oi 1l1 N a r p u� r rn r r e In an In N Itl 1I1 m N t0 ill m N O CL N m ul b H I!1 ut vl O N .V m N 10 O u1 N N O N O� If1 N tp O O N 01 O O N O H e N oz v z c� z a o H El El a H z o ya a U F W U O Z U F z z iL O U z a z U a w x F rr N x ec H pq Z H w e YO+ Al H N o o f Ei b N m v O m 0 0 ul R H N 4f1 b t0 N a b a a m H F a H N a � F a� x F EE-11 5 22 H X 7i F Ww z � >7 �-I O a O a H g z a H v A f U O w W[u a F Z FF1 Z H N a x z 0 o H a U a U y N a N m a H S (x H W z W U 5 a F F F F 0 E- E. E cVWS: O SSO O a' O a Q aU z wN F �[yzgti h a W ��.z H N a u z Q a H p WW O DG 7 Z OC y�y H N H Q a W �[j7 rC p .zz 4v 0 •7 az v c O e m r 0 0 N e u1 c c v H 61 Q N N N N N N N N N N N N i m m m m m m m m m m m N Q1 N m I v w•. NANTUCKET SOUND _. Low wA1EB uARK 2014 — — WOODEN ?,�.1M'DING /SIFPB ALDyIN� SM M OF COASEAL BANK 2011 . �&TM TOP OF BANK 7 (�. a� Oa�y7,LL � - 101 LOT AREA - TOP OF CMSiAL BANK 7- O,i -14 WOODEN EKIMM WNKWAY �% COW 0N61YL LOCA �i 41 AD DIONIS REALTY TRUST aOAEwr1c oE`� `E�?�sE`• DEED BK: 215 PAGE: 55 PLAN BOOK NO.: 15 Pg. 10 �S LOT 6 & LOT 5(PORTION) 32-19 / TOWN OF /NWNCKET 8 Pm L J `i a87.62"/ \ (5.610 SAF} 1RIMAM / PaRal: I P� No. -2 �,�'� AVENf1E PARCD AREA 111 18 4 folAID Plan No.:: F-1 5 \. 8. 170.0" Plan No.: -2 Ny TM ET Parcel: F -1 BK 1186 215.00' �� 225 �✓ 8 PORN: K Plon No.:20D9_2 towN D< \\ / i2O604Docg. /1 / y / /IONIS REALTY TRUST r r /79 ` DEED BK: 285 PAGE: 274 G DWEWNG UNDER \ PLAN FILE 28 -C, LOT 1B D f g, CONSTRUCIK)N \), _ \ I\ 32 -45 1 - N/F �^ 32 -44 \ RYE REALTY TRUST N EE \ \ SEVENTY -NINE EEL POINT ROAD \ NOMINEE TRUST LOT AREA= DEED: 1385, PG.: 246 \\\ 35,461 S.F.t PLAN FILE: 14 -C, LOT 2 \ 1 \ w � 3N 1 /F DENNIS L SH4M 32 -30 N/F 3N /F0 CURRENT ZONING CLASSIFICATION: ERE R08 L FRIEDMAN LIMITED USE GENERAL 2 (LUG -2) MNIMUM LOT SIZE: FRONTAGE: 801500 FT .F �P�TH Of A,fgSJ, FRONT YARD SETBACK: 35 FT. REAR /SIDE SETBACK: 15 FT. LEO \ �O GROUND COVER R : 4% - C. , m A AD ORIAN' ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE 3930 OVERALL PROPERTY ET APP ASPOSES. PHOTOCOPIED IEFD V 169 EDSEFOR RECORDING IN CASES DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND 70NAL PlaTL t0 Accompany UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY LANOSJF Zoning Board of Appeals STAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. Application THIS INSPECTION PLAN WAS PREPARED TO ACCOMPANY AN APPLICATION in TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDERED Nantucket, Mass. A FULL INSTRUMENT SURVEY THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY SCALE: 1'= 80' DATE: AUGUST 6, 2014 STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON DIONIS REALTY TRUST CURRENT DEEDS AND PUNS OF RECORD. DIONIS REALTY TRUST Owner. ........ . . . THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR DEED BK: 215 PAGE: 55 z85 27a 28 -C Deed Book: Page: Plan File _ . OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PLAN BOOK N0.: 15 Pg. 10 O B. PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET LOT 6 LOT 5(PORTION) Tax Map - Parcel: ,32 -16 ASSESSOR RECORDS. THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN DIONIS REALTY TRUST 73 EEL POINT ROAD Locus:. .. ... .. . ITS INTENDED USE STATED ABOVE. DEED BK: 285 PAGE: 274 Inc. &And BLACIPro C Blackwell do Associates Inc. PLAN FILE 28 -C, LOT 1B fes - Professions! Land Su7veyors Surveyors 20 TEASDALE CIRCLE T: \I.EO 25 JOB 94 ASSESSOR'S MAP 32, PARCEL 16 NANTUCKET, MASS. 02554 V: \DRAWFILES \B7309 \BASE.dwg 8/6/2014 6:22:43 PM EDT k73 EEL .POINT ROAD Sheet 1 of 3 (508) 228 -90216 B730 FEET' SOUND DIONIS REALTY TRUST DEED BK: 215 PAGE: 55 PLAN BOOK NO.:15 Pg. 10 LOT 6 & LOT 5(PORTION) WOODEN L'LANDING /STEPS Lrl BOTTOM OF COASTAL BANK 2011 CURRENT ZONING CLASSIFICATION: LIMITED USE GENERAL 2 (LUG -2) Existing Lot MINIMUM LOT SIZE: 80,000 S.F. 35,461 S.F.t MINIMUM FRONTAGE: 150 FT. SEE PLAN FRONT YARD SETBACK: 35 FT. SEE PLAN REAR /SIDE SETBACK: 15 FT. SEE PLAN GROUND COVER % : 4% Proposed:6.2% t STEPS m OP �� LOT AREA= TOP OF COASTAL�K 7_0 OF Cpq�� �K 7– 101,401 S.F.: – - --- -- � � 28-11 _ 25' NO D STURI 8 ZONE WADLOKOWEAY EXISTING — WALKWAY 100' BUFFER ZONE ORIGINAL LOCATION �:0-'" PROPOSED / WELL \ �. - ✓ \� HoN �o Vo�c�''' Parcel- J FJ� 497.62' cs 610 SAREEA) TRISTRAM No.:2009 -2 AVEN 112.62' — _(PRIVATE-ft' ORtvc•F. Plan No.:2010 -55 $ 170.00, Parcel: F -1 TOP OF COASTAL BANK UILD P JEI� PEE I: I �J AREA J (16,428 S.F.f Plan No..9nna –, n \�� PROPOSED °0 215.00' UNB ,"O> Parcel: K 170.00' Plan No.:2009 -2 DWELLING GUNDER \ ` ONG CONSTRUCTION \ \ , DIONIS REALTY TRUST r ^' DEED BK: 285 PAGE: 274 PLAN FILE 28 –C, LOT 1B 32 -45 N/F 32 -44 \� RYE REALTY TRUST SEVENTY—NINE NEEL POINT ROAD \�\\ NOMINEE TRUST �� LOT AREA= DEED: 1385, 'PG.. 246' � \ 35,461. S.F.t PLAN FILE: 14 —C, LOT 2\ UPJ32 °mss. izz- 32 -31 ``` \ N/F 150.pp. DENNIS L SHAPIRO i 32-30 -_ lNT ` ROBE T .FREEDMAN Rpq� j ACJ\N7) T OF 1440, ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE �S. PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET /o LEO tiG Existing Conditions REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF C. DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND I `l ASAGOGRIAN Site Plan to Accompany UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY 1 0 393G Zoning Board of Appeal$ STAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED Bf THE 9 0 CERTIFYING LAND SURVEYOR. Application THIS INSPECTION PLAN WAS PREPARED TO ACCOMPANY AN APPLICATION � \rqL LANG SJ O / in TO THE NAMUCKEr BOARD OF APPEALS AND IS NOT TO BE CONSIDERED �,, U Nantucket, MASS. A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY SCALE: 1'= 60' DATE: AUGUST 6, 2074 STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON DIONIS REALTY TRUST CURRENT DEEDS AND PLANS OF RECORD. Ora; DMAW liCALT7 TRUST THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR DEED BK: 215 PAGE: 55 ' ' OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PLAN BOOK NO.:15 Pg. 10 Deed Book: 45. Page: 274. Plan File:28 -q PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET LOT 6 & LOT 5(PORTION) Tax Mop– Parcel: .32 -16 Lot ' 19 ASSESSOR RECORDS. ' ' THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN DIONIS REALTY TRUST Locus:... 73, EEL. POINT, ROAD , , . , . , . ITS INTENDED USE STATED ABOVE DEED BK: 285 PAGE: 274 ©Blackwell &Associates Inc. PLAN FILE 28 –C, LOT 1B BLICAWLL & ��,jSOC%A7'V,S, 177. Professional Land Surveyors ASSESSOR'S MAP 32, PARCEL 16 20 TEASDALE CIRCLE T: \LEO 25 JOB 94 NANTUCKET, MASS. 02554 V: \DRAWFI1_ES \B7309 \BASE.dwg 8/6/2014 6:28:29 PM EDT 173 -EEL POINT ROAD Sheet 2 of 3 (508) 228 -9026 B7309 NANTUCKET SOUND CURRENT ZONING CLASSIFICATION: HIGH WATER MARK 6 3 2011 4 LIMBED USE GENERAL 2 (LUG -2) NMI DIONIS REALTY TRUST raE >wm GEED BK: 215 PAGE: 55 Existing Lot PLAN BOOK NO.: 15 Pg. 10 MINIMUM LOT SIZE: 80,000 S.F. 35.461 S.F.* LOT 6 & LOT 5(PORTION) WOODEN MINIMUM FRONTAGE: 150 FT. SEE PLAN FROM YARD SETBACK: 35 FT. SEE PLAN _ M-----LANDING/STEPS REAR /SIDE SETBACK: 15 FT. SEE PLAN w %t BOTTOM OF COASTAL HANK 2011 GROUND COVER S : 4% Proposed:6.2% t AL -UPS M _ LOT AREA- _ TOP OF COASTAL BANK 7_ TOP OF C � 101,401 S.F.* -- �Ta• BANK 7 -26 -11 TOP OF COASTAL BANK 7 -03 -14 NO D STUI RB ZONE WALKWAY ,' WOODEN 1 E — WALKWAY E7XI� g1 G CONC. ABAND)0 � 100' BUFFER ZONE OF DUAL LOCATION � E PROPOSED C ye'1y01 WELL E0- o / Parcel. J 497.62' - — -- - PARCEL Sit TRISTRA \ \ Plan No.: S.F..t Parcel: 1 112.62• � (PRIVATE -1' ,„ �lorz VENUE PARCEL AREA Plan No.:2010 -55 $ 1 170.x- - �� J pa�6'428 S.F.t) \ No.:2009 -2 Parcel: F -1 �� a. I P"POSED .' Parcel: K 21500 � $ i 170. A Plan No.:2009 -2 \ \ I PROPOSED • RELOCATED ? DWELUNG #79 ` I o �snNc DWELLING UNDER 9 N CONSTRUCTION 1 �" G t : I 32 -45 32 -44 ` \\ D REALTY TRUST N/F DEED EED N/F BK: 285 PAGE: 274 RYE REALTY TRUST . SEVENTY -NINE EEL POINT ROAD PLAN FILE 28 -C, LOT 1B NOMINEE TRUST LOT AREA= I DEED: 1385, PG.: 246 `\ 35,461 S.F.i I PLAN FILE: 14 -C, LOT 2 \ \� 5' U.P. 131 32 -31 150,00. NSF DENNIS L. SHAPIRO � I 32-30 N /F � \' ROBERT L FRIEDMAN R pqD I � ��N�1 / ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE P`I"OFt, PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET �`��' Ssgc Proposed Conditions REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF o LEO y DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND � C. GT Site Plan to Accompany UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY CD G ASAOOOiiIAN �' Zoning Board O Appeals N STAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED BY THE 9 f p 33930 . CERTIFYING LAND SURVEYOR. ¢� ' Application THIS INSPECTION PLAN WAS PREPARED TO ACCOMPANY AN APPLICATION FCI O / in TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDER At LANDS�Y �f Nantucket, Mass. FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY UN ES, FENCES, HEDGES OR ANY ANCILLARY SCALE: 1'= 60' DATE: AUGUST 6, 2014 STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. DIONIS REALTY TRUST owner. AIONIS, REALTY TRUST THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR DEED BK: 215 PAGE: 55 OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING Deed Book: ?85. Page : 274. Plan File:28 -� PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET PLAN BOOK NO.: 15 Pg. 10 32 -16 Lot: ASSESSOR RECORDS. LOT 6 & LOT 5(PORTION) Tax Map - Parcel:. . . THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN Locus:. 73 EEL POINT ROAD ITS INTENDED USE STATED ABOVE DIONIS REALTY TRUST ' ' ' • • ' ' DEED BK: 285 PAGE: 274 BLACKIPELL ASSOCIATES, Inc. &Associates Inc. PLAN FILE 26 -C, LOT 16 Professional Land Surveyors 20 TEASDALE CIRCLE T: \LEO 25 JOB 94 ASSESSOR'S MAP 32, PARCEL 16 NANTUCKET, MASS. 02554 V: \DRAWFILES \87309 \BASE.dwg 8/6/2014 6:46:29 PM EDT #73 EEL POINT ROAD Sheet 3 Of 3 (508) 228 -9026 B730 • 246 Pr=182 BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, FEBRUARY 289 1986 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of L. DENNIS SHAPIRO, AS TRUSTEE OF DIONIS REALTY TRUST, OWNER (018 -86) address 24 Essex Road, Chestnut Hill, MA 02167, the Board enters the following Decision and makes the following findings: 1. Applicant seeks a VARIANCE from the 35 -foot front -yard setback requirement of the intensity regulations, SECTION 139 -16A of the Zoning By -Law. The premises are located at 73 EEL POINT ROAD, DIONIS, Lots 5 (in part) and 6, Assessor's Parcel 32 -73, Plan Book 15, Page 10 in the zoning district LIMITED USE GERERAL -III. 2. Based upon the Application papers, viewing, maps, letters, testi- mony and representations received at our hearing, we find that Applicant has obtained a building permit for a principal, single - family residence to be sited just north of the 35 -foot front yard. That site is westward of a house under construction on the south side of Tristraa*Avenue, freeing its northerly view of Nantucket Sound. The parcel slopes slightly downward there toward the bluff such that a southerly shift of 15 feet would in- crease elevation several feet. Such a shift, speculatively, might forestall dangerous proximity to an eroded bluff by many years. 3. Applicant anticipates siting a secondary dwelling of lesser cost closer to the bluff in compliance with Section 139 -7A (3) and fully within 230 feet of the west lot line, again accommodating neighbors' views. 4. To meet the requisites of variance Section 139 -32, Applicant cites the historic and continuing risk of erosion in a siting of the prin- cipal dwelling outside the required front yard as constituting a financial hardship associated with the land and not personal to the current owner. Uniqueness is found in the topography proximate the eroding bluff with compliance in respect of front yard less significant because Tristram's Avenue is in the nature of an unimproved abutter's way defined by vehicle ,-' ,:. 246 j«I83 ,, -86) -2- tracks, yet has, on paper, a width of 60 feet. Nearer the bluff, the soil has the characteristic of a sand dune. As the lot is legally buildable, variance relief is appropriate to ensure siting in harmony with the overall purpose and intent of the By -Law chapter. 5. Pending relief here, the Building Permit is in a period of ex- tension. Neighbor Peter White is said to endorse relief here and Mr. SaTvif across Tristram's Avenue has no objection. The Planning Board's recommenda- tion was favorable, while three abutters wrote in opposition. The objections of one concerned increased height, a few feet, with the more southerly siting and of another by the westerly shift to be some 150 feet removed from the nearest house. (Otherwise permissable siting directly north of the SANAWS house would leave only a 130 -foot spacing.) 6. Accordingly, we find each of the requisite conditions of Section 139 -32A fully rnet subject only to the condition (per 139 -32B) that any secondary dwelling or comparable accessory building be sited fully within 230 feet of the west side lot line. 7. This Board, by UNANIMOUS vote, hereby GRANTS to Applicant the requested VARIANCE subject only to the above- stated condition. Dated: March y , 1986 Nantucket, MA 02554 472 a 70-11 William R. Sherman Dorothy D. Vollans after _ Y that 20 ,dayh�ye�lapaed- office of theie'on'wag,fil'ed = .n tE C. M shall e e no Town Z. 's"Vk d and , t appeal has been �ffl hay: to General Law. s.�Pdrsuant �C, TOiTH NANTUCKET COUNTY Received and Entered MAR 25 1986 Aften F+e�ister File No_ 04 6 -14 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, NIA 02554 Map 32 Parcel16 Print Form This agreement to extend the time limit for the Board of Appeals to make a decision, hold a public hearing, or to take other action concerning the application o£ L Dennis Shapiro, Trustee of Dionis Realty Trust - 73 Eel Point Rd. Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the lVfassachusetts General Laws, Applicant(s) /Petitioner(s) and the Zoning Board of Appeals hereby agree to extend the time limit O For a public hearing on the application Y For a written decision O For other action Such application is: O An appeal from the decision of any administrative official O A petition for a special permit X A petition for a variance O An extension O A modification The new time limit shall be midnight on �alj K a {�� K/ S� , which is not earlier than a time limit set by statute or bylaw_ The Applicant (s), attorney, or agent for the Applicant represented to be duly authorized to act in this matter for the applicant, in executing this agreement waives any rights under the Nantucket Zoning Bylaw a4the State Zoning i as amended, xt ent, but only to the extent, inconsistent with this agreement 7the For App ant / _ % )/� / t/`' �(e Y t/ M For Zoning Board of Appeals G Town C'trlc S C7 Effective Date of Agreement C: r- 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile WITHDRAWAL FORM TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 RECEIVED «iy UL, 12 PM 2G File No. 046 -14 Map 32 Parcel 16 APPLICANT(S): L. Dennis Shapiro, Trustee of Dionis Realty Trust 73 EEL POINT ROAD UPON THE REQUEST OF THE APPLICANT(S) MADE: PRIOR TO X AFTER PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE ABOVE CAPTIONED APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS: ACKNOWLEDGE AS A MATTER RIGHT AND WITHOUT PREJUDICE X APPROVE WITHOUT PREJUDICE APPROVE, BUT WITH PREJUDICE THE WITHDRAWAL: X IN FULL OF THE SAID APPLICATION OF SO MUCH OF SAID APPLICATION AS: DATED: December 12, 2014 The Zoning Board of Appeals Eleanor Weller Antonietti, Zoning Administrator 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile