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HomeMy WebLinkAbout007-89BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: OCD -7 - 9? THE BOARD OF APPEALS, at a public hearing held on Friday, February 10, 1989 at 1:00 PM at the Town and County Building, Nantucket, Massachusetts made the following decision on the Application of WILLIAM and MARILYN B. LANE (007 -89) with an address of 5 Starbuck Road, Nantucket, Massachusetts 02554. 1. Applicant seeks relief to validate the siting of the existing garage 9.3 feet from the side lot line where a 10 -foot setback is required. The premises are 5 Starbuck Road, Assessors Parcel 60 -20, Lot 697 on Land Court Plan No. 3092 -67, and zoned Residential - 2. 2. Our findings are based on the application papers, a plot plan dated May 19, 1988 showing the northeastern front corner of the structure within the setback, photographs, testimony and representations received at our hearings. The plot plan shows an additional setback violation by the second -story deck on the southwestern side of the structure which is being cured by the applicant. While variance relief was requested in the application, at the hearing the applicant requested, in the alternative, relief by special permit pursuant to Section 139- 16,(C) which permits the Board to reduce the 10 -foot sideline setback in an R -2 gone to 5 feet. 3. No opposition was h,�ard to the application. The applicant stated that it world be estheticly unacceptable and economically unreasonable to rebuild the existing structure to comply with the 10 -foot setback. The Board finds that, given their power to reduce the setback from 10 feet to 5 feet in this zone, the existing structure complies with the intent and purpose of the intensity regulations of the zoning by -law. 4. Accordingly, by UNANIMOUS VOTE, this Board GRANTS to the Applicant by SPECIAL PERMIT the reduction in the side lot setback necessary to validate the existing structure which is sited 9.3 feet from the northeastern lot line. t. NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 February 21 , 1989 File No. 007 -89 To: Parties in interest and others Re: Decision in the Application of WILLIAM AND MARILYN B. LANE 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. cc: Building Commissioner Planning Board Town Clerk William R. Sherman, Chairman DATED: February 2l , 1989 Nantucket, Massachusetts 02554 zi William R. Sherman r Dooley ti Marshall Beale David -Le tte" Michael 'Mara r Dooley NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA D2554 January 26, 1939 NOTICE A public hearing of the Board of Appeals will be held on Friday, February 10, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application of: WILLIAM and MARILYN B. LANE Board of Appeals File No. 00%89 seeking a variance from the 10 -foot side -yard setback required by Section 139 -16C to validate the siting of a single - family dwelling with northeasterly corner 9.3 feet from one side lot line (and the southerly corner of an attached deck 8 feet from thi other side lot line). The premises are at 5 Starbr:k Road in Madaket, Assessor's Parcel 60 -022, Land Court Plin 3092 -67, Lot 697, zoned Residential -2. William R. Sherman, Chairman BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 -? CASE No ©O C - APPLICATION FOR RELIEF Owner's name(s): William Lane and Marilyn B. Lane Mailing address: 7300 Barra Drive Bethesda.MD�0817 Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number 60 --22 Street address: 5 Starbuck Road Registry Land Ct Plan, Plan Bk & Pg or Plan File 3092 -67 Lot 697 Cert. of Title Date lot acquired: �25 1988XMW�AMg 13 648 Zoning district R_2 Uses on lot - commercial: None _ or MCD ?No - number of: dwellings I duplex_ apartments_ rental rooms Building date(s): all pre -8/72? _ or C of 0? 6/25/1984 Building Permit appl'n. Nos. 1679-80 / 6505 -88 - Case Nos. all BoA applications, lawsuits: State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139 -32A if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3�A -&-B , attach decision or order appealed. OK to attach addendum . See attached Addendum Items enclosed as part of this Application: orderl addendum2 X Locus map x Site plan x showing present x +planned structures Floor plans present proposed_ elevations (HDC approved ?_) Listings lot area x frontage X setbacks x GCR x parking data__ Assessor- certified addressee lost 4 sets maliog labels 2 sets_ 200 fee payable to Town of Nantucket X proof,- 'cap' covenant--- (If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of erjury. SIGNATURE• Applicant Attorney /agent XX_ achel C. o art, Esquire 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA h /% 4J �/ TCEIT� Application copies recd: 4`/_ � or for BoA on/bY_C /� '`f One copy filed with Town Clerk onbY- .J�=�— completed ?��L I /' One copy each to Planning Bd and Building Dept Y_C!'- $200 fee check given Town Treasurer on by waived. Hearing notice posted //4 /Rmailed� (�%I & M-/r9, q Hearing(s) one_/_ cont'd to—/ _/_, ��— withdrawn ?__/_/_ Decision due by_-J--J_ made---,/__J_ filed TC_/ —J_ mailed--J--J- See related cases lawsuits other _____