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Home My WebLink About117-85ft Re: JOHN L. MICHELSEN AND PAMELA R. MICHELSEN (117 -85) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSAHCUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, DECEM- BER 13, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of JOHN I..MICHELSEN AND PAMELA R. MICHELSEN (117 -85) address 17 Primrose Lane, Nantucket, MA 02554, the Board enters the following Decision and makes the following findings: 1. Applicants seek a VARIANCE from Zoning By -Law SECTION 139 -18C to correct a rear lot line setback violation, without change to an existing single- family residence. The premises are located at 17 PRIMROSE LANE, Lot 1 of Land Court Plan 40657 -A (40 -65.1) in the LIMITED USE GENERAL -2 zoning district. 2. Based upon the Application papers, correspondence and representa- tions of Applicants' counsel received at our hearing, it appears that Applicants acquired the property May 31, 1984. At that date the house had been sited but not yet completed. Location into the southwest corner was dictated by the unusual topography of the lot, and outside the rear lot line setback according to the initial survey. Construction was completed in 1984. 3. In connection with refinancing, Applicants obtained a second survey by the same licensed surveyor, this one disclosing a 1.10 foot in- trusion into the required 15 -foot setback. Correction of this sole zoning violation would work a severe financial hardship upon Applicants. 4. With supporting letters from two abuttors and a favorable re- commendation from the Planning Board, we find this inadvertent violation can be granted relief without substantial detriment to the public good and without nullifying or substantially derogating from the intent or pur- pose of the Zoning By -Law. (117 -85) -2- 5. Accordingly, the Board by UNANIMOUS vote GRANTS to Applicants the requested VARIANCE under Section 139 -16C with respect to the rear lot line setback. Dated: December 18, 1985 Nantucket, MA 02554 William R. Sherman Andrew J. Leddy I Vi orothy D. Vollans THE COMMONWEALTH OF '1,lASSACH1,!S!'TTS Nantucket BOARD OF APPEALS Date: December 18 , 19 85 Certificate of Granting of Variance (General Laws Chapter 40A, Section 11) The Board of appeals of the City or Town of Nantucket hereby certifies that a Variance or- 8�� has been granted To John L. Michelsen and Pamela R. Michelsen (117 -85) Address 17 Primrose Lane City or Town Nantucket affecting the rights of the owner with respect to land or buildings at 17 Primrose Lane Assessor's Parcel 40 -65.1, Land Court Plan 40657 -A And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said variance — &peeia' p @r and that copies of said decision, and of all plans referred to in the decision, have been filed with the planning board and the city or town clerk. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no variance , or any ex- tension, modification or renewal thereof, shall take effect until a copy of the decision f,, °aring the certification of the town or city clerk that twenty days have elapsed after the decision has been filed in the office of the city or town clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recor- ding or registering shall be paid by the owner or applican/ J Chairman Clerk - — FORM 1094 -ioEC9S &WARREN INC REVISED ` r / NOTICE A Public Hearing of the BOARD OF APPEALS will be held on Friday, December, 1985, at 1:30 P.M., in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the application of JOHN L. MICHELSEN and PAMELA R. MICHELSEN (-L/2-85) seeking a VARIANCE under Nantucket Code § 139 -16.0 (Intensity Regulations - Rear Lot Line Setback). If granted, the applicants would be permitted to correct a zoning violation relating to their existing single - family dwelling arising from the construc- tion of the dwelling closer than 15 feet from the rear lot line. The premises are locted at 17 PRIMROSE LANE, NANTUCKET, Assessor's Parcel 40 -65.1 (Land Court Plan No. 40657 -A) and are zoned LUG -2. PeoplM /tSs�t rR�.r T6 wl- Ok'e -k , Z � z� t William R. Sherman Chairman BOARD OF APPEALS •. B -1 FEE $100.00 Case No. 11 7 0 15-� APPLICA710tJ TO Tf+g" BOARD OF AP►''E.ALS Nantucket, Massachusetts To the Members of the Board of Appeals: The undCt5i9ned hereby applies for relief from the terms of the (ZONING BY -LAW) (901LD1796 CODE) on property described below: Location of Property_ 17 Primrose Lane Nantucket (40-65.1) Lot No. 1 _ _ Plan No. Tana Crum Plan Nn_ 40697 -A District is zoned for LTIG -2 Type of structure (Existing or Proposed) or proposed use:existing single- family Owner's NameJohn L. Michelsen and Pamela R. Mich-elsen residence Owner's Address 17 Primrose Lane, Nantucket When did you acquire this property? May 31, 198 Has application been filed at Building Department? Has any previous appeal been made? No Section of By -Law or Code from which relief is requegted: Nantucket Code 139 16 C (Intensity Regulations - Rear Tot Sethack) Reason for asking relief: Applicants desire to correct a rear lot sethack violation, without making any change to the Pxic� ttiai cinglo- family roc;rlonce upon the premises on or ahout 1AR4, the rnnctriir+ir,n of cam rocidoar-o was completed. A plan prepared on Anri 1 S, 1 gR4r ch-ws that the-- =-vsiden Q Js set back 13.90 feet from the rear lot line : t re njre(j rear lnt l k* Please direct all correspondence to: Sig ature of pplicant Arthur I. Reade, Jr., Attorney 4. Post Office Box 2669 A thur I. Reade, Jr., Attorney Nantucket, Massachusetts 02584 for Applicant ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters, and owners within 300 feet. (2) A check in the amount of $100.00 made payable to the Town of Nantucket. (3) Four copies of the application and a map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION Application submitted to Board Advertising dates Hearing dates) Decision of Board Decision filed with the Town Clerk *is 15 feet. The premises comply with all other provisions of the zoning by -law. '/z) ? 2 �Oie,Ei4 = 824.30 9 � 13.90 Q) "I CERTIFY THAT AS A RESULT OF A SURVEY MADE ON TIII GROUND, THAT THE STRUCTUI E IS LOCATED ON THE LOT PS SHOWN 'WITH NO VISABLE ENCROACHMENTS, AND DI I),,/", T COMPLY WITH THE ZONIN(; IN EFFECT AT THE TIME OF CON- STRUCTION. THE SITE IS SITUATED IN ZONE " G" OF THE F.E.M.A. MAP SHE"T # 000 i 36 COMMUNITY #250230." 1 JO J. SHU UE,RLS. f DATE: IVOV /3,P/95'_ N ha o 0 7 X a�n O � a PtAOF 44,r4" l QCs JOHV N I SHUGRUE N -9, No. J. ,. ZONING: L06--.2, MINIMUM LOT SIZE: $ 0, r)ao 51,F. MINIMUM FRONTAGE: / 5-0,00 FRONT YARD SETBACK: 35- / , REAR & SIDELINE SETBACK: /S- GROUND COVER RATIO: _T%, PLOT PLAN OF LAND IN NANTUCKET, MA. SCALE: 1 "= X00' JOIIN J. SHUGRUE, INC. OLD SOUTH ROAD NANTUCKET, MA. 02554 FOR : SO NAN /- , a- /,..I ! c /-,(A L .s F' /,/ TOV?N OF 11PNVICKET List of Parties in interest in the matter of the Petition of: Name: JOHN L MICHELSEN and PAMELA R_ MTrHPT,RFN- c/o Arthur I. Reade, Jr., Attorney Address: Post Office Box 2669 Nantucket Massachusetts 02584 Property Address: 17 Primrose Lane, Nantucket (40 -65.1) See attached list. i I certify the foregoi abutting the pronertv on any street or way, all as they appear on November / 1985 Date na is a list of persons who are owners of land and owners of land directly opposite the Property and owners of land within 300 feet of the proper+ the r+ost recent applicable TA ist. Assessor Town of Nantucket M LIST OF PARTIES IN INTEREST (Application of John L. Michelsen et al) (17 Primrose Lane - Map 40, Parcel 65.1) Owners Map and Parcel Anne Kimball, Trustee (40 - 29) c/o Valley Trust Dept. P.O. Box 1991 Knoxville, TN 37901 Susan H. Birge Walter W. Birge 3rd The Fenn School Concord, MA 01742 New England Tel. & Tel. Co. c/o A. W. Eklund, Staff Mgr. 185 Franklin Street, Room 1104 Boston, MA 02107 Sherburne Associates Zero Main Street Nantucket, MA 02554 Deborah B. Beale 11 Primrose Lane Nantucket, MA 02554 Roscoe C. Corey Marjorie L. Corey 3 Swift Rock Road Nantucket, MA 02554 Donald T. Scholz Cynthia Ann Scholz 13 Rich Valley Road Wayland, MA 01778 William R. Ratchford Barbara J. Ratchford 2816 N. Jefferson Street Arlington, VA 22207 William R. Klein III Elizabeth B. Klein 9 Swift Rock Road Nantucket, MA 02554 (40 - 30 ) (40 - 64, 78) (40 - 65.2) (40 - 65.3) (40 - 66 ) (40 - 67 ) (40 - 69)