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HomeMy WebLinkAbout03-16 15 Margaret's WayFee: $450.00 DEC 18 2015 D By K4 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION File No. TOWN CLERK NANTUCKET Owner's name(s): Brandt C. Gould and Gabrielle M. Gould' Mailing address: c/o Cohen & Cohen, PO Box 786, Nantucket, MA 02554 Phone Nurnber:508- 228 -0337 E -Mail: Steven@cohenlegal.net Applicant's name(s): Mailing Address: same Phone Number: same E -Mail: same Locus Address: 15 Margaret's Way Assessor's Map /Parcel: 20 64 Land Court Plan: Lot 86, Land Court Plan 6283 -8, Sheet 2 _ Certificate of Title: 21420 Zoning District LUG 3 Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwellings 2 Duplex Apartments Date of Structure(s): all pre -date 7/72 no or house in 1982 and cottage in 2004 Building Permit Numbers: Previous Zoning Board Application Numbers: None 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: The Locus is a 3.33 acre lot (about 145,261 SF) in the LUG -3 zoning district. It contains a 2 -story dwelling of about 1716 SF and a cottage of about 761 SF. There is a shed of about 34 SF, a second shed of about 335 SF, and a third shed of 309 SF. The premises has a ground cover ratio of about 2.1% in a zoning district where 3% is allowed. The 34 SF shed is not attached to the ground; it is within the rear yard setback, being as close as 4.5' where 20' is required (it is on skids and will be moved out of the setback). In 2015 the Applicant installed a 16' x 32' pool and associated equipment. The Applicant, who has worked construction for many years, based the siting of the pool on a 2007 survey by Blackwell and Associates, Inc. However, when the pool company installed the pool, it ended up about 18.4' from the western side yard setback and the pool equipment is as close as 17.7', in a zoning district where 20' is required. The Applicant reasonably sited the structure base on a licensed survey, but somehow inadvertently and unintentionally violated the side yard setback. The intrusion is only 1.6' for the pool and 2.3' for the pool equipment (i.e., it is not more than 5' into the setback and not closer than 4' from a lot line). Therefore, the Applicant seeks Special Permit relief under Nantucket Zoning Bylaw Section 139- 16.C.2 to validate the intrusion. The burden of correcting the intrusion, which would require entirely removing the pool and equipment and reinstalling each, substantially outweighs any benefit to an abutter of eliminating the intrusions. In this case, the abutter on that side submitted a letter in support of the relief, and their house is more than 350' away from the pool, which is at grade and behind a hedge /fence. There are two other pools to the north and west that are closer or about as close to the western abutter as this pool is to the east. Applicant also seeks Variance relief, in the alternative, to the extent necessary. 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: SIGNATURE Owner* igent* *If an Agent is representing the Owner or the Applicant, please provide a signed proot of agency. 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: 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile I own ana C -ounry OT NanLuCKeL, MA uecemuer -Lo, LV1J AS't Rnu.e - y ° °. Old Dud �9dW P iouie Oeek Rd J a` 3 -� a •.-.,. .._,._. M $�0 41 Fire Sprig • lHd `FkargiretSYJaY { r N C� { ' r E ..1. � iiii x _ A r q y\ 4'Se E+. 3 3 ttl Property Information Property 20%2064 ID Location 15 MARGARETS WY Owner GOULD BRANDT C & GABRIELLE M cC%* ry fiia+e L� N a Go.461 � CiaFiE MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town and County of Nantucket, MA makes no claims and no warranties, expressed or implied, conceming the validity or accuracy of the GIS data presented on this map. Parcels updated December, 2014 Properties updated January, 2015 2 y,• w � - Saln YlaY C` gafb WaY -o u - Cluidnet Rd �m Made: / / Filed w /Town Clerk: / / Mailed: / / 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508 - 228 -7298 facsimile CURRENT ZONING CLASSIFICATION: Limited Use General 3 (L. U. G. —3) MINIMUM LOT SIZE: 120,000 S.F. 145, 261 fS. F. MINIMUM FRONTAGE: 200 FT. SEE PLAN FRONT YARD SETBACK: 35 FT. SEE PLAN REAR /SIDE SETBACK: 20 FT. SEE PLAN GROUND COVER 9 J% 2.1±7 � AY T� S MARGAgE JEFFREY L. BLACKVVELL No, 3-5333 20-63 N/F LABON7E, ROSANNA k WALTER 0., X. LC.0 6283 -8 CERT. 121818 LOT 85 LEGEND END. DENOTES EXISTING CONCRETE BOUND FOUND \ \ \ \ \ \ \ N \W \ \ \ \ \ \ EXISTING SHED toe.et � — 309tSF. EXISTING 2 STY. W/F DWELLING DECK 1716fS.F. HOT TU '3�Bt TACK SHED 335fS. RAMP EXIS77NG 1 112 STY. W/F DWELLING 761fSF. ONLY ORIGINALLY STAMPED AND ENDORSED COPIES OF THIS PLA SHALL BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. (PRIVATE — 40' WIDE) EXISTING GRAVEL DR/ VEWA Y TANKS 1 ZA.9�3 N DECK a,rAa 20 -65 N/F F7SN, R09ERT V. TTl L.G.L. 6283 -8 CERT. 110550 LOT 87 END. & WALDMAN, BARBARA L L/�/ OE OA f WINGER, OENNIS L. Q J OM To O �pGC���Co7�Ll pL�QG� h b N b Ci a . AND NO OTHERS. by I CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE PREMISES SHOWN ARE LOCATED IN FLOOD HAZARD ZONE. ... C.. , , DELINEATED ON FIRM. / COMMUNITY PANEL NUMBER: 250230-0006D, BY THE FEDERAL SCALE: 1 " =80' DATE.• JANUARY 13, 2007 EMERGENCY MANAGEMENT AGENCY. EFFECTIVE DATE OF BRANOT C. GOULD MAPS: JUNE 3, 1986 AND AS PERIODICALLY REVISED. Owner THIS INSPECTION PLAN WAS PREPARED FOR MORTGAGE PURPOSES GABRIELLE A GOULD ONLY AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. LOt 86 THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES Deed /Cent.: C. �14�0 Plan: LCPL, 528,3 -8, , FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS Tax Map :. 020 -06.4. Locus :. j15.1WA1?GARET'.5 WAY Of RECORD. THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES BLACKWELL & ASSOCIATES, Inc. ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR Professional Land Surveyors RECORDS THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN 20 TEASDALE CIRCLE ITS INTENDED USE STATED ABOVE. Nantucket, Massachusetts 02554 ©Blackwell & Associotes Inc. INOT TO BE RECORDED FBK.:B183 /151 (508) 228 -9026 B6572 ,SPF \PROJ \ACN \86572 \MPP.dwg 1/13/2007 10:21:18 AM EST CURRENT ZONING CLASSIFICATION: RgOp.G 5 Limited Use General 3 (LUG 3) sSllj xistin MINIMUM LOT SIZE: 120,000 S.F. 145,261 S.F.t MINIMUM FRONTAGE: 200 FT. SEE PLAN FRONT YARD SETBACK: 35 FT. SEE PLAN REAR /SIDE SETBACK: 20 FT. SEE PLAN GROUND COVER % : 3 % 2.1% LEGEND dhCB DENOTES EXISTING CONCRETE FND. ' BOUND FOUND (PRIVATE — 40' WIDE) AY RgOp.G 5 sSllj AgE A gG ,- z IZ ACCORDING TO CURRENT ASSESSOR RECORDS. � 64 I�A � ASSESSOR MAP: . ?G. PARCEL: . (508) 228 -9026 N I I \\ • I �N I \\ I I I I � 20 -63 I EX /STING N/F SHED LAGONTE, ROSANNA I 309tSF. do WALTER 0., JR. L.C.C. 6283 -8 CERT. #21818 I o LOT 85 I N EXISTING I °' I POOL GRAVEL Ao I �OUIPTMENT DRIVEWAY I 177'} 24.2 DECK } � .,. /. IXIST NG 00 2 STY. NG DWELLING r 1716i5.F. } — 3q �} I POOL I I FENCE TACK I 3353S.F. I —i 72.9} R P I� 18.4• LP I ooT,1NK5 I — 24.9'± EXISTING I 1 1/2 STY. W/F I DWELLING 761 }S.F. I Ir I SHED — — 34f S.F� dhCB IZONING SETBACK -- — �240-00'� I I I I I I FND_1 dhCB ,FND. 20 -65 N/F SIG HEELER JAN SHAW LC.C. 6283 -8 CERT. 1@22168 LOT 87 BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MA T: \PAJE JOB 36 V: \DRAWFILES \86572 \MPP COPY.dwg 7/31/2015 5:20:04 PM EDT a J SCALE: 1 "= 40' DATE: JULY 31, 2015 20- 62 THIS PLOT PLAN WAS PREPARED FOR THE TOWN N/F BRANT C. GOULD OF NANTUCKET BUILDING DEPARTMENT ONLY AND WINGER, DENNIS L SHOULD NOT BE CONSIDERED A PROPERTY LINE � WALDMAN, BARBARA L. M. GO Owner: .GABRIELLE L.C.C. 6283 -8 SURVEY. THIS PLAN SHOULD NOT BE USED TO CERT. #10793 ESTABLISH PROPERTY LINES, FENCES, HEDGES OR LOT ea Cert.:. .2.1420 . .LCC.:. 6283 -8, LOT, 86, ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT Locus: X15 MARGARET'S WAY , DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERTIFICATION AS TO BLACKWELL &ASSOCIATES, Inc. TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN Professional 865721 Lana Surveyors ACCORDING TO CURRENT ASSESSOR RECORDS. 20 TEASDALE CIRCLE 64 NANTUCKET, MASS. 02554 ASSESSOR MAP: . ?G. PARCEL: . (508) 228 -9026 T: \PAJE JOB 36 V: \DRAWFILES \86572 \MPP COPY.dwg 7/31/2015 5:20:04 PM EDT a J SCALE: 1 "= 40' DATE: JULY 31, 2015 20- 62 THIS PLOT PLAN WAS PREPARED FOR THE TOWN N/F BRANT C. GOULD OF NANTUCKET BUILDING DEPARTMENT ONLY AND WINGER, DENNIS L SHOULD NOT BE CONSIDERED A PROPERTY LINE � WALDMAN, BARBARA L. M. GO Owner: .GABRIELLE L.C.C. 6283 -8 SURVEY. THIS PLAN SHOULD NOT BE USED TO CERT. #10793 ESTABLISH PROPERTY LINES, FENCES, HEDGES OR LOT ea Cert.:. .2.1420 . .LCC.:. 6283 -8, LOT, 86, ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT Locus: X15 MARGARET'S WAY , DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERTIFICATION AS TO BLACKWELL &ASSOCIATES, Inc. TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN Professional 865721 Steven Cohen From: Gabrielle Gould <gouldgb @comcast.net> Sent: Wednesday, December 09, 2015 10:24 AM To: Steven Cohen Subject: Fwd: 10 Eat Fire Sent from my iPhone and perhaps using Siri- please excuse typos and grammar! Begin forwarded message: From: rosscorp <rosscorp�a�comcast.net> Date: December 9, 2015 at 10:13:39 AM EST To: Gouldgb&comcast.net Subject: 10 Eat Fire To Mr and Mrs Gould As the owner of you neighboring property at 10 Eat Fire Spring road, netzero llc give you permission to go ahead with the land swap or variance to solve the set back issue with the pool. Your sincerely Adam Ross owner of Net zero llc Sent via the Samsung Galaxy SIR) ; ACTIVET"I, an AT &T 4G LTE smartphone Y AV, A �► ✓. 2 Clemenceau Street East Prbvidence, RI 02914 (401) 438 -7665 Fax: (401) 438 -7664 www.dynastygunitepools.com December 11, 2015 To Whom. It May Concern: The Gould's pool was placed in what we truly believed was the set back based on plans and the current fence line between the properties. To move the pool the 18" would be the equivalent of building the Gould's a brand new pool - all of their landscape would have to be removed, which I can only assume from the privates and the beds surrounding the pool would be $10,000 on Nantucket. The Blue Stone would need to be removed and the recut and re -laid - again $10,000 and we would need to demo the pool wall, dig out a new space and rebuild the pool - approx.- $100,000 of labor and materials. The Equipment was very specifically places where the Gould's home nor any of the neighbors would have to see it, the conduits are trenched under mature landscape and tress to ensure safety and again attractiveness to the abutting neighbors. To move this would mean that we would have to relocate and re trench the entire system and the Gould's would have to have trees and privet removed and replaced. .I cannot speak to what the landscape would cast but to do my part I am looking at around $10,000 - $12,000 to move 2 feet - also it should be noted from where I placed the equipment if it is indeed. moved it will then be visible from the abutting lots and the main house. As it is now it can not be seen at all. Sincerely, Jason Amaral General Manger of Operations LLA om p O ZZ Q w .... �- "' z � t 'rte: 31 t..� �< cg W .., O ¢e PA N 0 • 43 o cd H , : bB LL. n ® C N 0 v, v miO. . : o mil F4. -1 • +O im P+ O � q PQ .d a �{ a N 14 m • V � � $ '� 4� rte• � �: Nam C H P. W ' fx CC Hcn ON. 42 o° H d` 0. . ® N O 0H b H H Go 02 Y . ' •� G) y b �� O � .O t`` • U � q � . �+ H ca • H •d fi .o ccl cd to •o- C,' u uo ..,`- J o u U, o. z m I NO 1a d u u O LL 0 W a Li LL p OC w u iI i N O .. . O R� d Fn Y o o : 0 o 0 C;O o C7\: a W a .Lt m ° O P2 D; . ' P 0: O ' ti z O � em M woo ° - � o w : Y O pN-, N: M• ' p1 � ,��a •d: � : � �4 . 0 I ro � W0 o � +' w 44 0 oo 42 P4: °� td w ", bn CO. A • r-1• p CAL Y Y �• t3 e m 4-3• v m f-� O�• ° M: �S • Q): O : U zs cd a 0' --i: o: �: H : U: F` I t a m � o F C) . 64 L /} ® } 3 ». ®V .� o 2 / }k .z \ # 0i0 Q /(12 ƒ # \; W Un § e { 7 / § / } CO C> q 3 % / S d \ } § L) .k u / k 2 41 2 j \ o k * � / \ � � kn e g \ cn \ ® )\ d \ 0 R � 2 / • � § CL \ m, e $ \ - / � 2 &. • _ ' § \ C) 2. kn o U� 0 co 00 0 0 ti w O • N � �, •b 1 U �D cl o z;Z w co Cn w o • U � U ,.. t Z N o w ctj U o 1 O Z a o ° "' N w � Q 3 � c. F:o �O aW a � i wo I � � ray" O V � r`�• N i0 ; C C 1 Cl (d +�+ : N N (�� }V ; • O. (� O 0 pK! J CD N N N i CL o O I O N q o N 1-4 N O N !r 0 O co O O OI C) C:) CD 0 z E cn 00 't C> C? fl- O CD N CL 0 a o 0 o o r- c; C> C> 2 C-4 m c• 0 co co j 0 o 9/) 04 z:, zi E C/) C) ON cu o z Q E Hw 0 C..) C/) 0 rTl tri: o 0 o o r- c; C> C> 2 C-4 m c• 0 co co j 0 o 9/) 04 CD 4I w CD O Q . H; w w b c Cl- CIO Nt Cd m Z:) o o I o z�„ C, +� Z : D on z � W a a 0) lz m c a m m 0) Z co o o Ze m U U m w a O Z 'j �• c - O ,c n ` o H Q a O w Q0 as rn O Y : ° I y � Y�� `/ O V••� C 2 t� c Q Qp _ N o O~ CD U (� a O H' V CS N Ci � �+ �•-r kn 1- O c� RECEIVED BOARD OF ASSESSORS ao D a a E� . LJ a Y 201 5 Town of Nantucket Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER....a%ri MAILING ADDRESS.. �..;;:..,..;. �� ............... .�........,.,,...,............, PROPERTY LOCATION..��� ..a�'��y� ... ......... . ........... . ..... ASSESSOR MAP/PARCEL.... aD...... ...... . . ............:.................. SUBMITTED BY.S SEE ATTACHED PAGES I certify that the 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 owners within 300 feet of the property line of owner's property, 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). 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GOULD & GABRIELLE M. GOULD 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. !bwn ClerF Town & County Building. 16 Broad St Nantucket, MA 02554 NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 20, Parcel 64 15 Margaret's Way Limited Use General 3 (LUG -3) DECISION: Certificate of Title 21420 Lot 86 Land Court Plan No, 6283 =8 1. At a public hearing of the Nantucket Zoning Board of Appeals held on January 14, 2016 at 1:00 P.M., in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of BRANDT C. GOULD & GABRIELLE M. GOULD, c/o Cohen & Cohen Law, P.C., PO Box 786, Nantucket, MA 02554, File No. 03 -16: 2. The Applicants are requesting Special Permit relief pursuant Zoning By -law Section 139 - 16.C(2) to validate an unintentional westerly side yard setback intrusion. The siting of a pool and associated equipment, installed in 2015, was reasonably based on a licensed survey. The pool is sited as close as 18.4 feet from the side yard lot line and the pool equipment as close as 17.7 feet, where a twenty (20) foot setback is required. In the alternative, and to the extent necessary, Applicant requests relief by Variance pursuant to Section 139 -32 to allow said setback intrusions. A thirty -four (34) square foot shed, currently sited within the southerly rear yard setback, will be moved out of the twenty (20) foot required setback. The Locus is situated at 15 Margaret's Way, is shown on Assessor's Map 20 as Parcel 64, and as Lot 86 upon Land Court Plan No. 6283 -8. Evidence of owner's title is registered at Certificate of Title 21420 on file at the Nantucket County District of the Land Court. The site is zoned Limited Use General 3 (LUG -3). 3. Our decision is based upon the application, accompanying materials, and 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 was no opposition, written or oral, to the application. The direct abutter to the west, who would be most impacted by the setback intrusion, submitted a letter of support of the requested relief. The General Manager of the pool installation company also submitted a letter to explain both the inadvertent error in installation and the financial burden of correcting the setback intrusion. 4. The Locus is shown on plan entitled "Building Location Plan of Land in Nantucket, Ma. ", prepared by Blackwell and Associates, Inc., and dated July 31, 2015, a reduced copy of which is attached herewith as "Exhibit A ". The lot contains 145,261 square feet in the Limited Use General 3 (LUG -3) zoning district, where required lot size is 120,000 square feet. The property is improved with a two -story 1,716 square foot primary dwelling, a 761 square foot secondary dwelling, and three sheds for a total ground cover ratio of approximately 2.1 % where 3% is allowed. The pool is sited as close as 18.4 feet from the westerly side yard lot line and the associated pool equipment is sited as close as 17.7 feet from the westerly side yard lot line. The thirty -four (34) square foot shed sited in the southeast corner of the lot is raised off the ground on skids and sited as close as 4.5 feet from the rear yard lot line where the required rear yard setback is twenty (20) feet. This structure will be moved out of the setback. 5. As presented to the Board, through their attorney and the Applicants, the 2015 installation and siting of the sixteen (16) foot by thirty -two (32) foot pool and associated equipment was reasonably based on a 2007 licensed survey. However, the pool company inadvertently installed the pool and equipment within the twenty (20) foot side yard setback required in the LUG -3. The intrusion is, respectively, 1.6 feet for the pool and 2.3 feet for the pool equipment, and therefore not more than five (5) feet into the setback and not closer than four (4) feet from the lot line. As such, the Applicant seeks Special Permit relief pursuant to By- law Section 139- 16.C(2) which reads: The Board of Appeals may grant a special permit to validate unintentional setback intrusions not greater than five feet into a required yard and not closer than four feet from a lot line, provided that it shall first find that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion and, if the intruding structure was so sited after 1990, the siting of the structure was reasonably based upon a licensed survey. The burden of correcting the de minimis intrusion, as evidenced in the above - referenced letter submitted by the pool installation company, would require entirely removing and re- installing the pool and equipment, which are at grade and behind a hedge and fence, and would thus substantially outweigh any benefit to an abutter of eliminating the intrusions. Furthermore, the direct abutter on the effected side (west), whose dwelling is approximately 350 feet away from the pool, submitted a letter in support of the relief, as referenced above. 6. During the course of the discussion, the Board noted that a portion of the pool fence lies over the westerly lot line. The Applicant agreed that the portion of the fence in question would be removed and reinstalled entirely on the applicants' property. Furthermore, the thirty -four (34) square foot shed, currently sited within the rear yard setback, will be moved out of the setback, thus eliminating said nonconformity. 7. Pursuant to By -law Section 139- 16.C(2), the Zoning Board of Appeals is empowered to grant a Special Permit to validate unintentional setback intrusions not greater than five (5) feet into a required yard and not closer than four (4) feet from a lot line, provided that the Board finds that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of 3 eliminating the intrusion and the structure was sited based reasonably upon a licensed survey. In the light of the fact that the intrusion is upon side yard setback and no neighboring property owner objected or raised a concern, no benefit to an abutter from correction of the intrusion is apparent. 8. Therefore, after discussion with the Applicants and their attorney, the Board made the specific finding that the setback intrusions in this matter were unintentional, not greater than five (5) feet into a setback area and not closer than four (4) feet to a lot line, and that the burden of correcting the intrusions substantially outweighs any benefit to an abutter of eliminating the intrusion. 9. Accordingly, by a MAJORITY vote (4 -1; Mark Poor opposed) of the sitting Board, the Zoning Board of Appeals GRANTS the requested relief by SPECIAL PERMIT pursuant to Zoning By -law Section 139- 16.C(2) to validate the unintentional westerly side yard setback intrusions of the existing in- ground swimming pool and pool equipment, subject to the following conditions: a. The thirty -four (34) square foot shed, currently sited within the rear yard setback, will be moved out of the setback, thus eliminating said nonconformity; and b. The portion of the pool fence sited over the westerly lot line will be removed and reinstalled entirely on the applicants' property SIGNATURE PAGE TO FOLLOW 4 Assessor's Map 20, Parcel 64 15 Margaret's Way Limited Use General 3 (LUG -3) Dated: 2 11 ,2016 Certificate of Title 21420 Lot 86 Land Court Plan No. 6283 -8 a4z Mark Poor (Opposed) COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the day of i-Q b vuw, / 2016, before me, the undersigned notary public, personally appeared &A t exer cS c,o , 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 sign the foregoing instr ment voluntarily for the purposes therein expressed. Official Signature and Seal of Notary Public My commission expires: C,�C'q ��2- 0 4=,`5 << DORIS t NoC. tary Public `.�use a = Notary Public Massachusetts Commission Expires Oct 9, 2020 S. I"EXHIBITT7-] CURRENT ZONING CLASSIFICATION: LEGEND Limited Use General 3 (LUG 3) Ex•stina. MINIMUM LOT SIZE. 120,000 S.F. 145,261 S.F.t tlhCB� DENOTES EXISTING CONCRETE FNO, BOUND FOUND MINIMUM FRONTAGE: 200 FT. SEE PLAN FRONT YARD SETBACK: 35 FT. SEE PLAN REAR /SIDE SETBACK: 20 FT. SEE PLAN GROUND COVER % : 3 % 2.1% (PRIVATE — 40' WIDE) `y� A i 1` ROO.G 5 sYAr M ARG ARET / / NpZ \ I$ \ I� \ 17 \ I \NN i `�µ I I \ I I \\ I II \\ I \\ I I \\ I I 20-65 20 -63 I N EXISDNO SIC HF11J]i JAN SHAW LABONTE, ROSANNA & WALTER 0., JR. I tOB.6' +- _ -'- SHED J09fS.f. L.C.C. 6283 -8 CERT. X22158 L.C,C. 6283 -8 _ _ LOT 87 CERT. f213 LOT 85 I o EXISTING I 9. I POOL 4 OUIPTUENT GRAVEL DRIVEWAY I 17.7'1 DECK I 24.2'+ EXISTING 00 2 STY. WA DWELLING I 1716 +S.F. I POOL FENCE I I TACK SHE I I 335 +S.F. 72.9'1 R P I ILP I 24.9'} I EXISTING 1 1/ G /F 1 I DD2 Ltt�. 1 761 +S.F. I SHED BUILDING LOCATION PLAN I 341 S.F_ dhC8 ^ 12o�INC SE7GAOK -- _ — --" — I FND_t OF LAND IN dhCO 240.06 N NANTUCKET, MA FNO. NN µ µ µ SCALE: 1 "= 40' DATE: JULY 31, 2015 THIS PLOT PLAN WAS PREPARED FOR THE TOWN 2N/2 BRANT C. COULD OF NANTUCKET BUILDING DEPARTMENT ONLY AND WINGER, GENNIS L & wALDUaN, BARBARA L. M, COULD SHOULD NOT BE CONSIDERED A PROPERTY LINE L.O.C. Owner: ,GABRIELLE SURVEY. THIS PLAN SHOULD NOT BE USED TO CERT. 510793 #10793 ESTABLISH PROPERTY LINES, FENCES, HEDGES OR LOT 84 Cert.:. .21120 . . , 6283 -8, LOT 86 ANY ANCILLARY STRUCTURES ON THE PREMISES, . , . .LCC.: THE PROPERTY LINES SHOWN RELY ON CURRENT Locus: j15 MARGARET'S WAY DEEDS AND PLANS OF RECORD, . . ' THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. BLACKWELL & ASSOCIATES, Inc. OWNERS OF ADJOINING PROPERTIES ARE SHOWN Professional Land Surveyors ACCORDING TO CURRENT ASSESSOR RECORDS. 20 TEASDALE CIRCLE ASSESSOR MAP: . ?O. . . , PARCEL: . 64 NANTUCKET, MASS. 02554 (508) 228 -9026 T: \PAJE JOB 36 V: \DRAWFILES \86572 \MPP COPY.dwg 7/31/2015 5:20:C4 PM EDT 86572 r