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HomeMy WebLinkAbout056-90r Y TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: Ocfo ber . 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.: 056 -90 Owner/Applicant: Debra Lee (Cartwright) MacKenzie and Benjamin Cartwright, Owners 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. Linda F. Williams, Chairman cc: Town Clerk Planning Board Building Commissioner -14 ( , 0 Map 55 Parcel 220.2 Residential -10 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 At a Public Hearing of the Zoning Friday, September 14, 1990 at 1:00 P.M. Building, Nantucket, on the Application MACKENZIE, FOR HERSELF AND BENJAMIN CAR' address, 12 Prospect Avenue, Exeter, NH Appeals made the following Decision: 4 Cartwright Place Plan Book 22, Page 68 Board of Appeals held on in the Town and County of DEBRA LEE (CARTWRIGHT) PWRIGHT (OWNERS) (056 -90) 03833, the Zoning Board of 1. Applicant sought relief by Special Permit under Section 139 -16C of the Zoning By -Law to reduce the required sideline setback from ten (10) to seven (7) feet on the northwest rear lot line to validate the siting of the existing bulkhead on the single - family residential structure. The bulkhead extends into the rear yard setback by three (3) feet as is evidenced by a site plan dated August 24, 1989 (our Exhibit "A "). 2. Our findings are based upon the Application papers, Exhibit "A ", photoprints, testimony and representations received at our hearing. 3. Applicant represents that the structure was moved to the lot in 1984 pursuant to Building Permit No. 3050 -83 and placed on its foundation. The dwelling itself is conforming to all zoning requirements being sited 10.9 feet at its closest point. Removal of the bulkhead would make the basement inaccessible from the outside. The violation was noted when the Applicant sought a Certificate of Occupancy as indicated by a letter of denial sent by the Building Commissioner dated January 5, 1990. Applicant does not take issue with his decision here. 4. In this Residential -10 zone, Section 139 -16C of the intensity regulations allows relief by Special Permit, i.e., without the findings necessary for variance relief. 5. 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 to siting of the bulkhead as it exists subject to the following conditions: A. the incursion be no more than three (3) feet into the required setback; g (056 -90) -2- B. there be no further incursion or enlargement of the existing incursion. Dated: O�ta�e� 3, 1990 Linda F. Williams C. Marshall Bea TOWN OF NANTUCKET ZONING BOARD OF APPEALS Nantucket, Mass. 02554 August 27, 1990 NOTICE OF PUBLIC HEARING A public hearing of the Zoning Board of Appeals will be held on Friday, September 14, at 1:00 P. M. in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: DEBRA LEE ( CARTWRIGHT) MACKENZIE, for herself and BENJAMIN CARTWRIGHT (owners) Board of Appeals File No. 056 -90 Applicant seeks relief by Special Permit under Section 139 -16C of the Zoning By -Law to reduce the sideline setback required from ten (10) feet to seven (7) feet to validate the siting of the existing bulkhead on the premises. The premises are located at 4 Cartwright Place, AssessrLotM3p i11 55, parcel 220.2, as shown in Plan Book 22, page 68, as the Nantucket Registry of Deeds. The property is zoned R -10. f Linda F. Williams, Chairman BoA Form 1 -89 N BOARD OF Date NANTUCKET, MA 02554 CASE No 0- APPLICATION FOR RELIEF Owner's name(s): 3 Mailing address: 1 Applicant's name: bYt",t L.r�� \%1(1G 1Zlp Mailing address: IZ Location of lot: Assessor's map and parcel number Street address: address : Registry Land Ct Plan, Plan Bk & Pg or Plan File Lot ,3 ��_ - Deed Ref 15, Zg� Zoning district �-1D_ Date lot acquired: �-- Uses on lot - commercial: None _ or `I- I UU ' is rental rooms - number of: dwellings duplex apartments C of 0. ` Building date(s): all pre -8/72? or • t�' 4'`-( -� Building Permit appl'n. Nos. 305 -E3 Case Nos. all BoA applications, lawsuits: 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 1 19 -33JA if to alter or extend a noncon attach decision or order ormi app ea) ledeOKltoaaea attach addendum . relied Veal Permit � reduce Sldellne �'1 �O r0y"n om 10 �eC�- }-o ►� �e� }o UIIUu� eY�s -S-►►� I�uikheU� Items enclos d as part of this Application: orderl addendum2 Locus map V Site plan showing present ✓ +planned approved?_) Floor plans present proposed elevations Listings lot area frontage'75 setbacks Q GCR sparking data — Assessor - certified addressee 1st 4 sets mailing labels 2 sets 200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to sen Bldg Comte s record to BoA.) I certify that rueetoetthes s information betof myknowledge ,submitted understhesubstantially and complete and nd penalties of perjury. (1+ `Ta �U1C, nz� Applicant Attorney/agent SIGNATURE: 3(If not owner or owner's attorney, enclose proof of authority) . WOE January 5, 1990 229. 45:50- 1.1r)da 11Qms BUILDING DEPARTMENT' Ms. Debra Cartwright 19 Hooper farm Rd. Nantucket Mass. 02554 Dear Me. Cartwright, TOWN BUILDING ANNEX 2 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Telephone 228 -6800 ext. 230 Your request for a Certificate of Occupancy for the single family dwelling authorized by building permit #3050 -83 has been reviewed and for the following reasons DENIED. The "as built" plot plan show the dwelling to be in violation of 139 -16C of the Code of Nantucket as the bulkhead cellar entrance is within the ten foot rear year setback. Please be advised that you may appeal this decision of the Building Commission to the Board of Appeals as per 139- 29D(1)(b) of the Code of Nantucket. Very Truly You s, Ronald Sa tos Building Commissioner