The URL can be used to link to this page

Home My WebLink About120-88/eQD — S?R TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 January 31, 1989 File No. 120 -88 To: Parties in interest and others Re: Decision in the Application of: ELLIOT B. BARNETT AND BONNIE BARNETT Enclosed is the decision of the Board of Appeals which has this day been filed with 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 court within twenty (20) days after this 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. William R. Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk ZONING BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a public hearing held on Friday, January 13', 1989, at 1:30 p.m. in the Town and County Building, Nantucket, Massachusetts made the following DECISION upon the Application of ELLIOTT B. BARNETT and BONNIE BARNETT (120 -88), whose address is 2724 Sea Island Drive, Fort Lauderdale, Florida 33301. 1. Applicant, per Zoning By -Law SECTION 139 -33A seeks to amend a SPECIAL PERMIT granted by this Board on May 11, 1987, as thereafter amended, by reducing the permitted increase in ground cover from 513 square feet to 269 square feet and for permission to extend the current structure by 3 feet into the front yard setback area without increasing the present 15 foot intrusion of the structure into such front yard setback area. The Premises are located at 87 Baxter Road, Assessor's Map 49, Parcel 8, Plan Book 24, Page 2 at the Nantucket Registry of Deeds and none RESIDENTIAL -2. 2. Our findings are based upon the Application papers; and plane and representations and testimony received at our hearing. We find that the structure was made non - conforming by Page One of Three the 1984 upzoning of the area and therefore is a valid, pre- existing non - conforming structure. The Board granted the Applicant a Special Permit allowing the expansion of the non - conforming dwelling on the Premises by adding 467 square feet of ground cover on May 11, 1987, which Decision was amended to allow the Applicant to add 513 square feet of ground cover in June, 1987. The current structure intrudes 15 feet into the front yard setback area and the addition to the structure proposed by the Applicant does not increase this front yard setback non - conformity. 3. We are able to make the requisite findings for a Special Permit that the request for zoning relief will not be substantially more detrimental to the neighborhood than the existing structure and will be in keeping with the general purpose and intent of the Zoning By -Law given the fact that the Applicant is seeking a reduction in permitted ground cover, the lack of opposition from any neighbors, and the minimal expansion of the structure into the front yard setback area which does not create a greater front yard setback non - conformity than now exists. 4. Accordingly, by UNANIMOUS VOTE, this Board GRANTS an AMENDMENT TO ITS SPECIAL PERMIT granted to the Applicants on May 11, 1987, thereby reducing the permitted increase in ground cover from 513 square feet to 261 square feet and SPECIAL PERMIT under SECTION 139 -33A allowing the expansion of the Page Two of Three non - conforming dwelling on the Premises by expansion of 48 square feet into the front yard setback area in accordance with �x4 1; 4" the plans submitted with the Application. Dated: January 31 , 1989 Nantucket, MA El�FA-YSHJ904AN, _CHAIRMAN DALE WAINE PETER DOOLEY Page Three of Three |xV\ [v,w 1-87 xnyIlCKl1oH wxwTocKEr zuw|wc mx`xo o� m',Fx/.'; ("»»«") No �W- S�9' r's oomc -Bonnie 'Barnett -__-- ----------- xxi\ilip, o'N^,, -2724 Sea Island Drive, Fort Lauderdale, �Florida -333y!�--_'-- APP )i,ovt.', om".` :xace_____�_________�__�_ _0aum�__-__'_--_'___��--�-------------'—'-------- /ocxLi"o of lot(!;): x:,,00,', m^, x*| po`.'|:_Muu_40^_ Street, odd,,,, 87 Baxter Road, Siasconset _-��-.'------- Kcxi,uy)4)(X)dM4 |'L xK & ,c' Mxmmz4/�� |/^/ o,"'| re . 261 i11_ �oWivi,iw` [n`kv,x,| // xNV7 »ou' |v/(,) ,�,pi,,d� z"..ixc .|�,/ric� Rxx ____ w'mJ`c, of dv,iLiuC oxiu ox )v/ x,v:.| uv,,L c"wu, C'^o*,,cio\ o,e ox lot(,): &onu nCu7 m/\|.|iIli, .|xtc(,): xLi y,c-'7x n,oio/,,7 ", xoi)Jio» y,n"ic om,|ico,ivx nv,. and .uu..' �6111-80_&6012-88 c of 0 (,,c No(s). oc '|uL,, v!L prior m/x oM.|imti"^;� __Vb /^Le [v|}y oil muiox ,^li,[ !;w/xh/ I"r,Um_ kV iU` o}| r,n^ocLiv" c".|, ,,c11ioil it m/,,^c/iox,, :|,,"i[iq||y. till o/ y"" p,,p"^. com|*/".| wit` ,r,,"oc and uhoL u,m`ods you o,:", for oox to mxk, nu|` [ix.|inx per ';,cLivx |]Y-]2A i[ Variance, -30A if S|.,ci'`i |`,,mi'` -IN i[ m oi/ur or ,xL"v| oox-coo[o,mioC vx"' Or to ,cvoro` xviNiox ixq.,,�m- l`r.xM".x} ,,, -]|x x x' ' � uxzmttura,n-t-ek.by_ this _-§esrd _AL thereakter amended, by reducing the permitted increase in_6�u�d cover from 513 square -'__et_uu_'LALiio/�e/us -��l��-4��?u"��!��L��_��zocu��u the property- - _�-� _ _ The current ground cover is 3,577 square feet and the allowable ground cover is 3,152 ___�yt�a[e-fe"tApplicgjlt _aluou��k�1al��m1c`mdxc-lJ_9732x-1-,.,utuud--Jn l fiet_--_ a gsandfathesed'stecture which �violates -a front line setbeck._-_--__-_____--___ c,c|o,o,e, ("nnio» |.o,L of U/is xn.|ic'/ti"x: 'aM,|,o",// 1',` xhov'. siLc/fi)ot: plan(s) x_ wiU` |`,",n/�/|,^.|,v,,.| ,/m,u x ��--------- Lomo o///|` x_ [i"or |`)ou, ,^,n`t/p^.|^`,,.| xn",/| ^'cvu| �-�----- n,c'icd: o,,o,�____ [ronux,`____ |,^.x, C RZ /xo-kixx�----------- x,oc,,",', c,,/JJ��.d,o.k|,c,,*� |i,� (4 ,..u) °^,,.,, F," "heck for $u>5ax" ,ov//),i, /" l'',vo .,[ wm/tv"x.'t. _x /'C/'p" co,u"m`L / c",Li[y Um/ Lite ,,'pc,L,.\ 1111o,m^/i0o .,.h*.i//".| i, ,"/,,u^�i/`i)v (_'ompleto oo.| LI-titi - . c rxio` o".| p,.o|Li,, of |`,rjo,y/ :ixoou/cc' . x|,,|),,x/ x/�vn`,y/vxou » (|[ ov/ ov»�� (~^�z� --- ` _ .".�o o' .".mv,/�y t." :M`ly'.} . FOR oF;/cE o;V One Copy give it Town Clerk �y ------- Coylplete'l