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Home My WebLink About42-15 50 Appleton Road�pN7UCkF�� , Own lrie:r t` [lt BUIlC�Ir1i� o ?9N, Town & COU Y �6 Broad St 4 Nantucket, MA 0255 R TOWN OF NANTUCKET BOARD OF APPEALS i0 -' �M3(sg NANTUCKET, MASSACHUSETTS 02554 Date: January 14, 2016 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 42 -15 Current Owners /Applicant: KAREN D. WARD 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. r� 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. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 66, Parcel 51 50 Appleton Road Residential -20 (R -20) DECISION: Book 594, Page 167 Plan Book 21, Page 11 Lot B 1. At a public hearing of the Nantucket Zoning Board of Appeals held on Thursday, December 10, 2015 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 KAREN D. WARD, c/o Vaughan, Dale, Hunter & Beaudette, P.C., 2 Whaler's Lane, PO BOX 659, Nantucket, Massachusetts 02554, File No. 42 -15: 2. Applicant is seeking relief by Special Permit pursuant to Nantucket Zoning By -law Sections 139 =30 and 139 -16.0 (1) and (2) to reduce the side yard setback requirement from ten (10) to five (5) feet and to validate the unintentional northerly side yard setback intrusion of the primary dwelling. The Locus is situated at 50 Appleton Road, is shown on Assessor's Map 66 as Parcel 51, and as Lot B on Plan Book 21, Page 11. Evidence of owner's title is recorded at Book 594, Page 167 on file at the Nantucket County Registry of Deeds. The site is zoned Residential 20 (R -20). 3. 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 was written opposition from one abutter to the application. No oral opposition was presented at the hearing. 4. As presented to the Board by the Applicant's representative, Applicant is seeking a waiver from the intensity regulations in By -law Section 139 -16.A. The primary dwelling, secondary dwelling, shed, and hoop tent have all been issued Certificates of Occupancy. The primary dwelling has been shown to be sited 9.3 feet and 9.1 feet from the northerly side yard lot line on various "As- Built" plans since 1998, the most recent of which is plan entitled, "As -Built Plot Plan; #50 Appleton Road in Nantucket, Massachusetts ", dated September 21, 2011 and prepared by Nantucket Surveyors LLC, attached herewith as "Exhibit A ". This intrusion could be considered exempt from enforcement by virtue of the 6 -year and 10 -year statute of limitations (Massachusetts General Law Ch. 40, Section 7 — regarding enforcement actions). However, the applicant is now requesting Special Permit relief regarding setback waivers pursuant to Section 139- 16.C(1) which states: 2 The Board of Appeals may grant a special permit to reduce the 10 foot side yard setback and the 10 foot side and rear yard setback in [ ... J R -20 to 5 feet. AND pursuant to Section 139- 16.C(2) which states: The Board of Appeals may grant a special permit to validate unintentional setback intrusions not greater than 5 feet into a required yard and not closer than 4 feet from the 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. 5. Therefore, after a discussion with the Applicant, the Board determined that a Special Permit may be granted based upon the finding that the Applicant met the threshold criteria for the relief sought pursuant to Nantucket Zoning Bylaw Section 139- 16.C(2). Specifically, the Board found that the setback intrusion in this matter was de minimis, 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 intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion. The relief applies specifically to validating the siting of the primary dwelling shown on the above - referenced plan to be as close as 9.1 feet from the northerly side yard lot line and would be restricted such that no further construction would take place within the required ten (10) foot northerly side yard setback area without further relief from this Board. The Board further found that the granting of relief in this instance would be in harmony with the general purpose and intent of the Zoning By -law. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Zoning Board of Appeals GRANTED the requested relief by SPECIAL PERMIT pursuant to Nantucket By -law Section 139- 16.C(2) to validate the unintentional northerly side yard setback intrusion of the primary dwelling, as shown on "Exhibit A ". Relief is conditioned upon the following: a. There will be no further alteration or construction within the side yard setback area of ten (10) feet without further relief from the Zoning Board of Appeals. Assessor's Map 66, Parcel 51 50 Appleton Road Residential -20 (R -20) Dated. 1744 14 A All ,2016 Book 594, Page 167 Plan Book 21, Page 11 Lot B V,Wfid Toole rim Kose ac COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the / day of V MVt G-711 L, , 2016, before me, the undersigned notary public, personally appeared I ip( Tif t e� , 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 signed he foregoing instrument voluntarily for the purposes therein expressed. j 41-ki ._11� Official Signature and Seal of Notary Public My commission expires: IF & LESLIE WOOD SON SNELL NOTARY PUBLIC COMMONWEALTH OF MASSACHUSETTS PAy (:orm. Expires Sept. 20, 201C NOTE:DWELLING SHOWN ON SUBDIVISION PLAN DATED 9/5/80, SEE MGL CH 40A SECTION 7 FOR 10YEAR STATUTE AGAINST ENFORCEMENT. Q Q 0 Q; Z �U J Q Q Q I DHCB FND N/F ALAN H. JR_ & JUDITH PERKINS 66 -56 LOT IS SUBJECT TO RESTRICTIONS IN DEED BK. 179 PG. 163 CURRENT ZONING: R -20 MINIMUM LOT SIZE: 20,000 S.F. MINIMUM FRONTAGE: 75 FT, FRONTYARD SETBACK: 30 FT. SIDE AND REAR SETBACK: 10 FT. ALLOWABLE G.C.R.: 12.5% EXISTING G.C.R.: 9.0% FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. N.B.214 -24, 259 -62, 259 -108, 365 -39 W a- 0 O m Z Q J d Z Q O K W N /F MAXWELL T. RYDER 66 -52 SHED AS -BUILT PLOT PLAN #50 APPLETON ROAD IN NANTUCKET, MASSACHUSETTS SCALE: 1"=40' DATE: 2 -07 -11 DEED REFERENCE: Dd.BK.594 PG.167 MLA. �'� PLAN REFERENCE: PL.BK.21 PG. 11 W 36124 "; ASSESSOR'S REFERENCE: MAP: 66 PARCEL: 51 PREPARED FOR: i ar %/1 KAREN D. WARD NANTUCKET SURVEYORS LLC 5 WINDY WAY NANTUCKET, MA. 02554 N -9969 I"EXHIBITA"