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HomeMy WebLinkAbout051-900.5 / - 9d TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September �3 , 19 90 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 051 -90 Owner /Applicant: Sam Stark Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of 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 an 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. //// cc: Town Clerk Planning Board Building Commissioner I- TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Map 056 39 Millbrook Road Parcel 313 Plan Book 20, Page 5 Residential -2 At a Public Hearing of the Zoning Board of Appeals held on Friday, August 17, 1990 at 1:00 P.M. in the Town and County Building, Nantucket, on the Application of SAM STARK (051 -90) the Zoning Board of Appeals made the following Decision: 1. Applicant sought a Special Permit under Section 139 -16 of the Zoning By -Law to reduce the required sideline setback requirement from 10 feet to 5 feet on the northwest side of the lot. The dwelling which is currently on the site, extends into the required setback 0.93 feet, and the Special Permit is to validate the siting of the building as it exists as evidenced by a site plan dated April 11, 1988 (our Exhibit "A "). 2. The Applicant stated that the building encroaches upon the setback due to the difference between the siting of the foundation wall, which conforms to the required ten (10) foot setback, and the wall of the structure, which overhangs the foundation wall, encroaches. 3. Absent any opposition and with the favorable recommendation of the Planning Board, our Board finds that the requested relief is in harmony with the general purpose and intent of the By -Law and grants the Special Permit to validate the siting of the building as it exists subject to the following conditions: A. the incursion be no more than one (1) foot into the required setback; B. there be no further incursion or enlargement of the existing incursion. Da4ha 9 �3� LQ F. Wi lili.ams William R. Sherman i Petdr Dooley p C. Ma sh'all Bale TOWN OF NANTUCKET ZONING BOARD OF APPEALS Nantucket, Mass. 02554 July 30, 1990 NOTICE OF PUBLIC HEARING A public hearing of the Zoning on Friday, August 17, 1990, at 1:00 Building, Broad Street, Nantucket, Application of: SAM STARK Board of Appeals File No. 051 -90 Board of Appeals will be held P. M. in the Town and County Massachusetts, on the Seeking a Special Permit under Section 139 -16Cof the Zoning By- Law to reduce the required sideline setback requirement from 10 feet to 5 feet on the northwest side of the lot. The dwelling which is currently on the site extends into the required setback 0.93 feet, and the Special Permit is to validate the siting of the building as it exists. The premises are located at 39 Millbrook Road, Assessor's Map 56, parcel 313, as shown in Plan Book 20, page 5, in the Nantucket Registry of Deeds. The property is zoned R -2. Linda F. Williams, Chairman BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS % v3 A 0 TOWN AND COUNTY BUILDING Da e NANTUCKET, MA 02554 CASE No.�I- APPLICATION FOR RELIEF i owner's name(s): e`�� Mailing address: r i 4' S7 x /40 //11141 Applicant's name: <� t-• �i�/ /� Mailing address: Location of lot: Assessor's map and parcel number <6 - 31 Street address: Registry Land Ct Plan, Plan Bk & Pg or Plan File /<ZU k S Lot_L Date lot acquired:_/`) Deed Re Toning district Uses on lot - commercial: None or _ Y )rw ��u S MCD ?_ - number of: dwellings duplex— apartments— rental rooms Building date(s): all pre-8/72? _ or M - /S-SR C of 0 ?_ Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: State fully all zoning relief sought and respective Code sections /�y and subsections, specifically what you propose compared to present 6 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 nonconfl`orming use). If appeal per 139 -31A attach decision or order appealed. OK to attach addendum . V� S pr Cct/ /P �Ct1J�. /off 74e ('d 7// c w,,5 / V 7�C s /r/[ b4Y Gv 4G aver A Ss y4e /��Hd4 �`, /1 7 Items enclosed as part of this Application: orderl addendum? Locus map— Site plan— showing present +planned "structures Floor plans present_ proposed_ elevations — (HDC approved ?_) Listings lot area frontage setbacks_ GCR parking data Assessor - certified addressee 1—ist 4 sets ma�liog labels 2 sets_ °200 fee payable to Town of Nantucket proof 'cap' covenant 1(If an appeal, ask Town Clerk to senT -9ldg Comr's record to DOA.) 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 r ry. �" i �__ jj SIGNATURE: "j't ` Applicant Attorney /agent — 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies reed: 4L---" or for BoA on� �d byL� One copy filed with Town Clerk on ID3 ihyC� compl�ettee� ?_ �� One copy each to Planning Bd and Building Dept_ / -_3/FO �E�by Cj `{� $200 fee check given Town Treasurer �/on_O b by�� waived? — Hearing notice posted �/ (�mailed0 / / I & M / Hearing(s) on_/_/_ cont'd to_/__/_, �_/_ withdrawn ?_-/_/_ Decision due by_/_/_ made_/_ filed TC_/__/_ mailed _j_ /_ See related aces lawsuits _ other ii .\ Ili �! 1:.!_ "� ( -I �l U r^