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