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Home My WebLink About066-890(40&- P TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 To: Parties in interest and others concerned with the Decision of the Board of Appeals in Application No.: �lfil9 -� of: Enclosed is the Decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. This Decision provides a Ciarification (not a Modification) or authorizes a Temporary Permit under Zoning By -Law Section 139 -26H with no twenty (20) day appeal period required. cc: Town Clerk Planning Board Building Commissioner r Chairman RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 SEP 14 1993 IME: gssr CLER � L } BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS Map 82, Parcel 42 241 Hummock Pond Road Land Court Plan 37073 -B, Lot 13 Title Reference: R -2 Certificate of Title No. 9589 At a public meeting of the Board of Appeals held on September 10, 1993, at 1:00 P.M., at the Town and County Building, Federal and Broad Streets, Nantucket, in Case No. 066 -89 (Carol Gold, Trustee, Applicant) at the request of the applicant's successor in title, the Board noted that the reference to the Locus as "Lot 12" upon the plan attached to the Decision was in error, the Locus being correctly identified in the body of the Decision as Lot 13, and corrected its Decision by striking Exhibit A and replacing it with Exhibit A -1, attached hereto, which correctly identifies the Locus as "Lot 13 ", by UNANIMOUS VOTE. Dated: , 1993 kah /36 /GOLD / 6«w- �L'. L cc � c7 S-�pr• �'�, / 993 c .� 6) (.p 60 - 9-`7 Form 3 -89 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 December 15 , 1989 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. 066 -89 of: Carol Gold, as Trustee of The David Shapiro and Jane Shapiro Trust 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 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. Willi dm R. Sherman, Chairman cc: Town Clerk Planning Board Building Commissioner BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS DECISION At a public hearing of the Nantucket Board of Appeals, held at th Town and County Building, Federal and Broad Streets, Nantucket, on Friday, December 8, 1989, at 1:00 P.M., the following Decision was made upon the application of CAROL GOLD, as Trustee of THE DAVID SHAPIRO AND JANE SHAPIRO TRUST (066 -89). 1. This is an application for a Special Permit under Nantucket Zoning By -law Section 139 -16.C, to reduce the ten -foot requirement side yard setback to five feet, in order to validate siting of an existing structure. The subject property (the "Locus ") is located at 241 Hummock Pond Road (Assessor's Parcel 82 -42), is shown on Land Court Plan 37073 -B as Lot 13, and is zoned as Residential -2. 2. Based upon the application and materials submitted therewith, and statements and representations made at the public hearing, we find that an extension to an existing dwelling upon the Locus was constructed in 1984, pursuant to Building Permit No. 3688 -84 issued by the Nantucket Building Department. Although the building permit application calls for the construction to be located fifteen feet from the "left" property line, a recent survey by Hart - Blackwell & Assoc. shows the building line to be at an angle to the property line; at the rear, side yard setback is measured at 14.28 feet, while at the front the setback is 8.91 feet. In this Residential -2 zone, required side yard setback is (and was in 1984) ten feet, but the Board of Appeals is expressly empowered to reduce this to five feet. 3. We find that, granted this express authority conferred upon us, reduction of this setback requirement to conform to that of the existing structure, which has been in existence for some five years, is in harmony with the general purpose and intent of the By -law. 4. Relief is hereby granted upon the condition that there be no further enlargement of the building now existing upon the Locus without a further Special Permit from this Board, modifying this Special Permit as a new application and with a new public hearing after due notice. 5. Accordingly, upon the condition set forth herein, we act by a unanimous vote, to grant a Special Permit to the Applicant, reducing the required side yard setback from ten feet to approximately 8.91 feet, to the extent necessary to confirm the existing siting, as shown upon the survey plan referred to herein, a reduced copy of which is attached hereto as Exhibit A �7 1989 �c�r/P.i . WI -niam R./1 Merman t J „A'e.�cht e r Linda F. Williams 0" C132� Ann G. Balas David J. Leggett SM amc /8 /GOLD NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, DECEMBER 8, 1989, at 1:00 P.M. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of CAROL GOLD, TRUSTEE OF THE DAVID SHAPIRO AND JANE SHAPIRO TRUST � -89) seeking a SPECIAL PERMIT under Zoning By -law Section 139 -16.0 to reduce the side yard setback from ten feet to five feet to validate the siting of a 1984 addition, extending to a paved 8.91 feet from the lot boundary. The premises are located at 241 Hummock Pond Road (Assessor's Parcel 82 -42) , Land Court Plan 37073 -B, Lot 13 and are zoned RESIDENTIAL -2. William R. Sherman, Chairman BOARD OF APPEALS (dda /32 /Gold) BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 CASE No.&l - APPLICATION FOR RELIEF Owner's name(s): Carol Gold, Trustee of the David Shapiro and Jane ShapVayrc� Trust Mailing address: c/o Reade & Alger Professional Corporation, 6 Young Post Office Box 2669, Nantuc et, ss. Applicant's name: Mailing address: - -- ---- Location of lot: Assessor's map and parcel number 82 - 42 Street address: 241 Hummock Pond Road ps94 -&s Land Ct Plan, ;'� T'k ►• -s- °� D1 a^ F'" 37073 -B — Lot 13 Date lot acquired: _/�_ Deed Ref _,,_ Zoning district R -2 MCD? Uses on lot - commercial: None x or - number of: dwellings 1 duplex_ apartments_ rental rooms Building date(s): all pre -8/ 72— , or 1980 addition in 1984 C of O? 1982 ' ] o � Building Permit appl'n. Nos. 1670 -90; 3688 -84 Case Nos. all BOA applications, lawsuits: tive State fully all zoning relief sought ande ccomparedetoepresent and subsections , specifically what you propose and what grounds you urge for BOA to make each finding p er Section 139 -32A if Variance, 139 -30A x if agSpec;al Permiealaner1139331A if to alter or extend a nonconformin use If app p 2 y g _ attach decision or order appealed. appealed. OK to attach addendum . By -law Section 139 -16.c to reduce the Applicant requests a special permit under side yard setback of ten feet in a Residential -2 zoning district to five feet, in order to validate siting of a 1984 addition which extends to a point 8.91 feet from the side lot line. addendum2 Items enclosed as part of this Application: X rdelanned structures Locus map x Site plan x showing present,_ P HDC approved?_) e Floor plans present proposed— elevations ( parking data Listings lot area frontage setbacks_ GCI— p g — Assessor- certifiea-addressee ist 4 setsxroofjlingedPbecovenants x $200 fee payable to Town of Nantucket x p (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 pe true . SIGNATURE• Applicant Attorney /agent x --:A 3(If not owner or owner's attorney, enclose proof of authority) FOR BOA OFFICE USE Application copies reed: 4�r for BOA on- f��Q/Y one copy filed with Town Clerk on_/U_7/Z by omplete? C� one copy each to Planning Bd and Building Dept1ADO'bY� b waived? Y — $200 fee check given Town Treasurer on hearing notice posted/(911 mailedi/iMI & M_LU?' liearinq (s) on__/ �_ cont' d to�� _. ��— withdrawn ?��_ made ��_'filed TC��_ mailed��_ Decision due by_/�_ � See related cases lawsuits other i • TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 To: Parties in interest and others concerned with the Decision of the Board of Appeals in Application No.: of: Enclosed is the Decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. This Decision provides a Clarification (not a Modification) or authorizes a Temporary Permit under Zoning By -Law Section 139 -26H with no twenty (20) day appeal period required. Chairman cc: Town Clerk Planning Board Building Commissioner BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS Map 82, Parcel 42 241 Hummock Pond Road Land Court Plan 37073 -B, Lot 13 Title Reference: R -2 Certificate of Title No. 9589 At a public meeting of the Board of Appeals held on September 10, 1993, at 1:00 P.M., at the Town and County Building, Federal and Broad Streets, Nantucket, in Case No. 066 -89 (Carol Gold, Trustee, Applicant) at the request of the applicant's successor in title, the Board noted that the reference to the Locus as "Lot 12" upon the plan attached to the Decision was in error, the Locus being correctly identified in the body of the Decision as Lot 13, and corrected its Decision by striking Exhibit A and replacing it with Exhibit A -1, attached hereto, which correctly identifies the Locus as "Lot 13 ", by UNANIMOUS VOTE. Dated: % 1993 RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 SEP 24 1993 TIME: !S-Dj� /x/4 �'�.1 CLERK: L kah /36 /GOLD