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Home My WebLink About035-90Form 3 -89 TOWN OF NANTUCKET 0 , 4q eD BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June o21 , 19 90 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. 035_ 90 of: REGINA COLLINS ROHLHEPP 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. t� � r.. William 1Z. Sherman, Chairman cc: Town Clerk Planning Board Building Commissioner BOARD OF APPEALS MOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a public hearing held on Friday, June 1, 1990 at 1:00 p.m. in the Town and County Building, Nantucket:;, MA made the following DECISION upon the Application of RIEGJNA COLLINS KOHLHEPP (035 -90), of P. 0. Box: 383, P:rttsford, VT 05763. 1. Applicant; seeks a Special Permit under Section 1:39 -16C to validate the siting of her single- family dwelling with its southeast corner only 7.6 feet from the easterly side lot. line (10' setback is required). No relief is asked for the existing deck which intrudes more deeply into the required 10' setback as the deck will be removed. The premises are at 59 Meadow View Drive, Assessors' Map 0056, Parcel 169.3, shown as Lot 11 on Land Court. Plan 35397 -F, and evidenced by Certificate of Title NO. 13,830 at the Registry District for the Land Court. The property is zoned Residential-2. 2. Our findings are based on the application, supporting documents and testimony presented at the public hearing, and a Mortgage Plot Plan dated April 11, 1990. 3. Thera was one letter supporting the request for relief and a, favorable recommendation from the Planning Board. The only oppos i L i orr heard to this request for rpl ie>f was from an abutter regarding a complaint about tenants and noise at the subject property. Since this complaint is not related to the .request for relief, it was Laken into consideration but the Board did not feel that it was relevant. 4. It would be economically unreasonable to have to rebuild the existing structure or attempt to remove the inst:,rusive portion or the structure. The Board finds that given the de m i n i mi s nature or the encroachments and its power to reduce the setback to 5 feet in this zone, the existing structure complies with the intent and purpose of the intensity regul.aLlons of the By -Law. 5. Accordingly, by UNANIMOUS VOTE, this Board GRANTS to the Applicant the requested Special Permit under SecL ion 139-16(i DATED: JtineaI , 1990 , N�.tntucket,, MA 02554 Liam R. Sherman Dale ,W. Waine /f I- iV.k4a rW 17(,Yams b e r h (. jle i c h t)L-/r Mic1 c i J. 'Mara Ik NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 May /�, 1990 NOTICE A public hearing of the Board of Appeals will be held on Friday, June 1, 1990, at 1:00 p.m. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of: REGINA COLLINS KOHLHEPP Board of Appeals File No. 03sr-90 seeking a Special Permit under Section 139 -16C to validate the siting of her single - family dwelling with its southeast corner only 7.6 feet from the easterly side lot line (10' are required); alternatively, such relief by variance is asked. No relief is asked for the existing deck which intrudes more deeply into the required 10' setback. The Applicant undertakes to remove the intruding deck. The premises are at 59 Meadow View Drive, Assessor's Parcel 56- 169.3, Land Court Plan 35397 -F, zoned Residential -2. William R. Sherman, Chairman PrO BOA I rn; 1 -E39 NANTUCKET ANDZONING COUNTYBOARD BUILAPPEALS DING Date NANTUCKET, MA 02554 OA CASE N063—f7-7u APPLICATION FOR RELIEF Owner's name(s): Regina Kohlhepp -- Mailing address: -Box-383. Pi t ts ford , Applicant's name: Regina Kohlhepp _— - -- Mailing address: same Location of lot: Assessor's map and parcel number 56 - 1693 Street address: 59 Meadow View Drive Registry Land Ct Plan, Plan Bk & Pg or Plan File 35397 -F Lot--_ Date lot acquired: 128/88 Deed Ref 13,830_ Zoning district Uses on lot - commercial: None X or —_ _ MCD - number of: dwellings 1 duplex___ apartments_ rental rooms___ Building date(s) : all pre -8/72? no or C of 0?7,11702 -82 Building Permit appl'n. Nos. 1702 -80 — Case Nos. all BOA applications, lawsuits: n/a 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 Secticn 139 -32A if Variance, 139 -30A x if a Special Permit (and 139---=;'- if to alter or extend a nonconforming use). If appeal per 139 -�JA -&-B , attach decision or order appealed. OK to attach addendui'lt . Applicant seeks Special Permit relief pursuant to §139 -30A and §139 -16C (setback requirements) or, in the alternative, variance relief under §139 -16A. Applicant's predecessor in title received a Certificate of Occupancy for the I.,relling on September 23, 1982 under a duly authorized Building Permit dated December Z9, 1980. No additions to the structure have taken place since that time. A recent: Plot- Plan indicates the structure is 2.4' into the sideline setback ( he exisiting, encroaching deck will be removed). If relief is granted, Applicant's existing non - conforming siting would be validated. Items enclosed as part of this Application: orderl addendum2 Locus map X Site plan _X showing present X +planned structire) Floor plans present proposed_ elevations (HDC approved ?_ Listings lot area frontage setbacks GCR parking data Assessor- certified addressee list 4 sets — mailing labels 2 se_sX X200 fee payable to Town of Nantucket X proof3 'cap' covenan- _ i(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 per4frty X %`- Applicant Attorney/agent SIGNATURE: Rhoda�H. Weinman, Esq. 3 (If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies recd: 4 ,-�or_ for BoA on -:001 �U by one copy filed with Town Clerk. ony�/ /�(O bY_( -Jf'� Oomp //lete��?w� One copy each to Planning Bd and Building Dept lvrlt bYS�s'�L___ $200 fee check given Town Treasurer oon / j;�2 by waiv�e<: Hearing Notice poste�jS�O mai lecll I & I- Tearing (s) on__/_/_ cunt' d to_J�, _ /�_ withdrawn ?--/__ /- Decision due by��_ -` ntade_/._-/_ filed TC__J__J_ mailed___J__/_ See related /cases_ �� lawsuits_ other yt