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Home My WebLink About023-90o-�)3 - 9d TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 October 3, 1990 To: Parties in interest and others concerned with the Decision of the Board of Appeals in Application No.: 023 -90 Of: Edward S. Toole and Rachel C. Hobart 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 /minor modification of an original Decision or authorizes a Temporary Permit, not requiring an additional 20 day appeal period to run. Linda F. williams, Chairman cc: Towm Clerk Planning Board Building Commissioner TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 5 South Road, Siasconset Land Court Plan 12461 Lot 3 Residential -2 Minor Modification /Clarification of Decision 023 -90 DECISION: Assessor's Map 73.4.1 Parcel 43 Cert. of Title 14324 The Board of Appeals at a Public Hearing held on Friday, September 14, 1990 at 1:00 P.M. at the Town and County Building, Nantucket, made the following Minor Modification /Clarification of its April 10, 1990 Decision on the Application of EDWARD S. TOOLE AND RACHEL C. HOBART (023 -90): 1. In the previous Decision by the Board of Appeals, the Applicants were granted Special Permit relief pursuant to Section 139 -16C to reduce the required side line setbacks from ten feet to five feet to allow the construction of a garage. The Board's findings were based, inter alia, upon blueprints of the proposed structure. The Applicants at this time presented finalized plans for the garage that had been approved by the Historic District Commission and a new plot plan showingthe revised footprint of the garage and requested that the Board allow substitution of the HDC- approved plans for the plans previously submitted. Specifically, the new plans reduce the ground cover of the garage from 366 SF to 320 SF, and added approximately five feet in height to the garage to allow a second floor studio /office space with a bathroom. 2. Therefore, upon a motion duly made and seconded, the Board voted to modify /clarify its Decision as follows: a. that the plan approved by the Historic District Commission shall be substituted for the plans previously received by the Board (copy attached as Exhibit A) and the garage shall be built in substantial conformity therewith; b. that the space on the second floor of the garage shall not be used as a dwelling unit for human habitation unless and until said use would be in conformity with the Nantucket Zoning Code and the (023 -90) -2- Applicants would re -apply to the Board of Appeals so as to properly notice abutters; and C. that the space on the second floor shall not be used as a professional office space as defined in the Zoning Code Section 139 -2, without re- application to the Board of Appeals so as to give notice to the abutters. 3. All of the other terms and conditions of our April 10, 1990 Decision 023 -90 shall remain in full force and effect as stated therein and recorded at the Nantucket Registry District for the Land Court as Document No 50066, noted on Certificate of Title No. 14324. Dated: October 3, 1990 Linda F. Williams . _ ai4t V& Ann Balas .� 1 Form 3 -89 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April /0 , 1990 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. 023 -90 of: EDWARD S. TOOLE AND RACHEL C. HOB ART 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 1 lww1.� I wy�� Willi m R. Sherman, Chairman cc: Town Clerk Planning Board Building Commissioner BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a public hearing held Friday, March 30, 1990, at 1:00 p.m. at the Town and County Building, Nantucket, Massachusetts, made the following decision on the Application of Edward S. Toole and Rachel C. Hobart (023 -90) with an address of 5 South Road, Siasconset, Nantucket, Massachusetts 02564. 1. The Applicants seek Special Permit relief pursuant to Section 139 -16(c) to reduce the required side line setbacks from ten (10) feet to five (5) feet to allow the construction of a single -car garage approximately six (6) feet from the westerly side lot line near the rear of the lot. The premises are located at 5 South Road, Siasconset, Assessor's Parcel ' 73.4.1 -043, Lot 3 on Land Court Plan No. 39680 -A and zoned Residential -2. 2. Our findings are based on the Application papers, a plot plan showing the proposed driveway and garage, blueprints of the proposed structure, testimony and representations received at our hearing. 3. A letter of opposition received from Helen Ferguson, the abutting neighbor on the easterly side of the lot, was withdrawn at the time of the hearing. The Applicants stated that the pre- existing undersized lot containing 9,178 square feet was not built upon within the five year zoning freeze r period, thereby necessitating that the Applicants comply with the current setbacks for a Residential -2 zone. This, combined with the narrowness of the lot, makes constructing a garage and driveway with the necessary turnaround area for two cars outside the ten foot setback area extremely difficult. The reduction of the side line setback would alleviate this situation. The Applicants feel that this relief is in keeping with the intent of the Zoning By -Law due to the fact that they have improved the screening for their neighbors by planting a screen of 20 -foot spruce trees along the rear lot line. 4. Accordingly, by UNANIMOUS VOTE, this Board grants to the Applicants by SPECIAL PERMIT the reduction in the side line setback from ten (10) feet to five (5) feet to enable them to construct a garage substantially in conformity with the plan which was filed as part of their Application. ccs #79 William R. Sherman - i -ida Fr. Rilaiams Robert �(.) Leichter NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 March 13, 19 9 0 NOTICE A public hearing of the Board of Appeals will be held on Friday, March 30, 1990, at 1:00 p.m. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of: EDWARD S. TOOLE and RACHEL C. HOBART Board of Appeals File No. 023 -90 seeking a Special Permit under Sections 139 -16C and 139 -33A, if applicable, to reduce the required side and rear lot line setbacks from 10' to 5' to allow their construction of a 366 -SF single -car garage approximately 6' from the westerly side lot line near the rear of the lot. The premises are at 5 South Road, Siasconset, Assessor's Parcel 73.4.1 -043, Lot 3 of Land Court Plan 12,461, and zoned Residential -2. William R. Sherman, Chairman BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 APPLICATION FOR RELIEF Owner's name(s): Edward S. Toole and Rachel C. Hobart Mailing address: Date h CASE No L3_76 Post Office Box 725, Siasconset, Massachusetts 02564 Applicant's name:_ Mailing address: _ F Same Location of lot: Assessor's map and parcel number73.4.1_ 43 Street address: 5 South Road, Siasconset, Massachusetts 02564 Registry Land Ct Plan, g XMX)AXr*y&XX 4xFQ=* 12,461 Lot 3 Certificate R-2 R -2 Date lot acquired: �� 90 Ref Zonipg district Uses on lot - C 3c2- N=exxxxxOr Residential MCD ?_ - number of: dwellings 1 duplex_ apartments_ rental rooms_ under construction Building date(s) : all pre -8/72? _ or n igag C of 0. Building Permit appl'n. Nos. 7066 -89 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 if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3A & 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_ Site plan X showing present X +planned X 'structures Floor plans present_ proposed_ elevat.i'ons (IiDC approved?_) Listings lot area frontage setbacks GCR parking data Assessor - certifies— addressee 1st 4 sets x ma ling labels 2 sets X 5200 fee payable to Town of Nantucket X proof 'cap' covenant UB l(If an appeal, ask Town Clerk to senldg Comr 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 erjury.. SIGNATURE• c Applicant Attorney /agent X elisa D. Philbrick, Esquire 3 s (If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies reed: 41-/ or for BoA ObY' Qby complete? U One copy filed with Town Clerk on_�� _ �C� �j�'— one copy each to Planning Bd and Building Dept 3� byCTLIC� $200 fee check given Town Treasurer on 3 /,,tt/� bNkf� waived? _ Hearing notice posted�6�mailed��%u I & M_/--/_, Hearing (s) on__/__/_ cont' d to —/ _/_/_ withdrawn ?__/___/ _ Decision due by_/ _/_ made__/_-/_ filed TC —/_/_ mailed__/__/ I_ See related cases lawsuits other_ ADDENDUM The Applicants are seeking a Special Permit pursuant to Section 139 -16(c) and 139 -33A to reduce the ten (10) foot rear and side lot setback distance to five (5) feet on a validly existing, undersized lot in the Residential -2 Zone in order to enable them to build a single car garage in the rear of their lot. The Lot contains 9178 square feet. Constructing a garage and driveway with the necessary turn - around area for two (2) cars outside the ten (10) foot setbacks uses a major portion of the backyard of the lot. The reduction of the setback requirement to five (5) feet would alleviate this situation. The Applicants feel that this relief would not be substantially more detrimental to the neighborhood due to the fact that they have improved the screening between lots by planting eight 20 -foot spruce trees along the rear lot line. ccs #77