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HomeMy WebLinkAbout013-90Form 3 -89 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 March Ac) , 19 90 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. 013_ 90 of: EILEEN FORD 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. r �r- WRilli m R. Sherman, Chairman cc: Town Clerk Planning Board Building Commissioner NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MA 02554 At a public hearing on Friday, March 9, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application (013 -90) of EILEEN FORD having an address c/o P. O. Box 2669, Nantucket, MA 02584, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicant seeks a Special Permit under zoning Bylaw Section 139 -16C to reduce the required 10' side -yard setback to the extent necessary to validate the siting of an existing dwelling intruding to a point about 6.7' from the northerly side lot line. 2. The premises are situated at 8 Allen's Lane, Assessor's Parcel 55- 234.1, Lot 54a shown on Page 41 of Plan Book 24, and zoned as Residential -10. 3. Based upon the Application papers, specifically a plot plan, copy attached as Exhibit "A ", and representations made at our hearing, we find that the two - family dwelling or duplex on the locus was built in 1985. Its approximately 3.2' intrusion into the required 10' side -yard setback is shown on the Exhibit "A" plot plan. 4. As with prior erroneous sitings of duplexes on Allen's Way, we are told that this siting error is ascribed to confusion and vandalism during construction. The small intrusion toward the northerly lot line was unintentional and of no benefit to the property owner, nor any evident detriment to abutters. No neighborhood objection to the relief requested was heard, and the Planning Board's recommendation was favorable. 5. Accordingly, we find that the relief would be in harmony with the general purpose and intent of the zoning Bylaw. By unanimous vote, this Board grants to Applicant the requested Special Permit under Section 139 -16C, reducing the required side -yard setback only to the extent necessary to validate the existing siting of the duplex building shown on Exhibit "A ". Dated March a(), 1990 . Wil Peter F. "Dooley NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MASSACHUSETTS 02554 February _,L, 1990 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on Friday, March 9, 1990, at 1 :00 P.M. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of EILEEN FORD (013-90), seeking a SPECIAL PERMIT under Zoning By -Law SECTION 139 -16.0 to reduce the required side yard setback from 10 feet to 5 feet to validate the siting of an existing structure about 6.8 feet from the side property l ine. The premises are located at ALLEN'S LANE (Assessor's Parcel 55- 234.1), Plan File 21 -108, Lot 54A, and are zoned RESIDENTIAL -10. r William R. Sherman, Chairman BOARD OF APPEALS knh#5 /FORD BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING / l NANTUCKET, MA 02554 CASE APPLICATION FOR RELIEF Owner's name(s): Mailing address: c/o -ade & A7aer Professional Cor Lion g 6 youn's way. Post Office Box 2669, Nantucket, Massachus etts 02584 Applicant's name: Eileen Ford Mailing address: ame r's map and parcel number 55 - ?.34.1 Location of lot: Assesso Street address: 8 Allen's Lane Registry 6t Plan, Plan Bk & Pg "' a4 i4 -e 24 -41 _ Lot 54A Date lot acquired: X22 85 Deed Ref 224r58 Zoning district R -10 293 -313 MCD? Uses on lot - commercial: None X or - number of: dwellings I duplex X apartments_ rental rooms_ Building date(s) : all pre -8/72. No or 1985 C of O ?Yes Building Permit appl'n. Nos. 3902 -85 Case Nos. all BOA applications, lawsuits: None 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 X if a Special Permit (and 139 -33A11 if to alter or extend a nonconformiealede )OKltoaattachpaddendum2� y B _ , attach decision or order app Applicant requests relief under 139 -16.0 to reduce the reauired side yard setback from -10 feet to 5 feet to validate the siting of an existinq structure about 6.8'feet from the side property line. Items enclosed as part of this Application: orderl addendum2 Locus map X Site plan X showing present ,X +planned approved?_) Floor plans present proposed_ elevations ( parking data Listings lot area frontage setba (lks X GCRT_ p g et Assessor - certified addressee 1st 4 sets_ ma ling labels snts X 200 fee payable to Town of Nantucket proof 'cap' (If an appeal, ask. Town Clerk to send Bldg Comr's record to BOA.) I certify that the requested complete an true to the bds penalties o perjury. SIGNATURE: ( 3(If not owner or owner's a information submitted is substantially of my knowledge, under the pains and pplicant Attorney /agent X enclose proof of authority) FOR B� OFFICE USE tv /l Application copies reed: 4 �! or_ for BOA on ZfbY -- ±���/ o complete? c/ One copy filed with Town Clerk o n��jb Y One copy each to Planning Bd and Building Dept 2jd& by � �! � b waived ?_ $200 fee check given Town Treasurer on jj�� Hearing notice postedl6k)mailed ZWY�4 I G Mme- - -C Hearing(s) on__J,J_, cont'd to__/--/_, ,_/_/_ withdrawn ?_—/_,_/._ ��____ filed TC_/_,/_ mailed_/_ Decision due by_/_/_ made) See related cases lawsuits other