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Home My WebLink About068-90C)& � -mod TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: November 7 , 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.: 068 -90 Owner /Applicant: SHARON D. CLARK 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, ?,;assachusetts General ]7,_= s. Any action appealing the LeC_Sion must be 'brought by filing an Complaint in Court within T �Ei�Tz (2O) d3- after this day's date. Notice of the action with a copy Of the COiRp13i;;t and certified Copy OL the Decision Est Ue ven t0 tine Town Clerk so as to he received within such �: N'1'Y (LO) days. Linda F. Rtiilliams, Chairman cc: Town Clerk Planning Board Building Commissioner TOWN OF NANTUCKET ZONING BOARD OF APPEALS Nantucket, Mass. 02554 Ma.p 21 2 Squam Road, Nantucket Parcel 48 R -2 At a Public Hearing of the Zoning Board of Appeals held October 19, 1990, at 1:00 P. M., in the Town and County Building, Nantucket Massachusetts, on the Application of SHARON D. CLARK, Application 068 -90, the toning Board of Appeals made the following DECISION: 1. Applicant seeks a Variance under Sections 139 -32 and 139 -16 (Intensity Regulations) of the Zoning By -Law to validate the siting of her house, which intrudes 0.18± feet into the requAred thirty (30) foot front yard setback. 2. The Board's derision is based upon the Application and papers and documents filed therewith, the evidence, oral and documentary, presented at the hearing, the absence of objections to the application, and a. favorable recommendation from the Planning Board. 3. The dwelling was erected or-i the lot, in its present location, in about 1968, prior to the enactment of the `ofiingl By—Law; the tot is a corner lot, with frontage complying with the requirements in the district on both roads. 4. According to the plan submitted with this Application, tr:e dwelling is situated 29.82'feet, from Quidnet Road and feet'- from 5qua.m Road. 5. The Applicant represented to the Board that the house complies with zoniLng in all respects e wept d5 to front rd setback. 6. The front door of the house is on the north side of the structure, facing neither Quidnet Road nor Squam Road. Access is by means of a driveway leading from Squam Road which winds around the house to the vicinity of the front door. 7. The Assessor's records list the address of the property as 2 Squam Road. 6. Applicant has applied to the Building Department for a permit to construct an addition to the existing dwelling. The addition may comply with the front yard setback requirement depending upon a determination by the Board of Appeals of which "yard" was the "front yard ", and such a determination was required by the Building Commissioner before he would issue a Building Permit. 9. The Board finds as follows: (A) The dwelling has been in existence in its present location since before the enactment of the Zoning By- Law; (B) As the house has no unequivocal "front yard" in that the main entrance faces neither Squam Road nor Quidnet Road and there is no other definitive indication of the "front" of the dwelling, the Applicant is entitled to our finding which is the "front ", and we find it to be on Quidnet Road, as requested by the Applicant. 10. The Board finds that a violation of 0.18 feet (2.16 inches) on a dwelling that has existed since before the enactment of the Zoning By -Law is a de minimis violation entitled to relief. —he Board believes that the circumstances are particular to this lot as a. corner lot with a. pre - existing ,wailing, adequate frontage an, two roads, and a front doot- whic:^ faces neit^er street; the cont inueduse of the property riweli ina with the vie1atinn will not derogate from t,,-)e purposes and intent of the By-Law; and not to allow the appiicaint to make improvemne7nts or a.- itions t7 hei- dweI iii'eg because of this de minimis violation would r2SUlt in the unreasonable restraint on the applicants use of her property. ii, the Board, by unanimous vote, GRAFTS the Variance relief requested upon its finding that the front yard setback E-hould be measured from Quidnet road. Dat d: A/ ber t X.-T-Le ich ter v . C-N-A C, C. Mares .al L Beale William R. Sherman Dale W. Waine j&( d 00.9 (/ 1 �6,_vw 44��21r 7r_m� e�" ol TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, OCTOBER 19, 1990 at 1:00 P.M. in the TOWN AND COUNTY BUILDING, Federal and Broad Streets, Nantucket, on the Application of: SHARON D. CLARK Board of Appeals File No.: 068 -90 Applicant seeks a VARIANCE under SECTION 139 -32 and 139 -16A (Intensity Regulations) of the Zoning By -Law to validate the siting of her house, which intrudes 0.18 feet into the required thirty (30) foot front yard setback. Applicant wishes to construct an addition to an existing residence on a section of the dwelling that does not lie within the front yard setback and no construction is planned within that area. The premises are located at 2 SQUAM ROAD, Assessor's Map 21, Parcel 48, as shown on Land Court Plan 8798 -H, Lot 19 and are zoned RESIDENTIAL -2. Linda F. Williams, Chairman BOARD OF APPEALS LOA Form 1 -39 NANTUCKET ZONING BOARD OF APPEALS 9/27/90 TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 V CASE No -� APPLICATION FOR RELIEF owner's names) : Sharon U C1•irk Mailing address: Applicant's name: Same mailing address: �S•une — Location of lot: Assessor's map and parcel number 2_- 48 Street address: 2._sguam Road Quidnet Runt Registry Land Ct Plan, R1aarcy3kxtxxRcjx=xR1=ixWX3C 8798 -H Lots_ Date lot acquired: _LJ_2_/ 4'e �tef 14,389 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? X or C of 0 ?_ Building Permit appl'n. Nos. 7043-89 Repair roof in 1989 Case Nos. all BoA applications, lawsuits: None State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose com=pared 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 noncon arming use). If appeal per 139 -31A —&B _ , attach decision or order appealed. OK to attach addendum . Applicant wishes to construct addition to existing residence. Applicant is electing Quidnet Road as front yard and existing building is 29.82 fOet from Quidnet Road therefore applicant needs variance to validate existing strucAure. No additions will be made within front yard and no further relief is needed. Applicant requests variance pursuant to 139 -32 from intensity regulations; 139 -16 as relate to front yard setback. Items enclosed as part of this Application: orderl addendum2 Locus map x Site plan / showing present ./' +planned �- 'structures Floor plans present ✓ proposed elevations ✓ (HDC aapproved ?I Listings lot area ./1 frontage - setbacks /' GCR parking data q Assessor - certifier addressee Fist 4 sets ma�li rg labels 2 sets_ 5200 fee payable to Town of Nantucket proof _'cap' covenant i(If an appeal, ask Town Clerk to senor —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 perjury. SIGNATURE: Applicant Attorney /agent X 3(If not owner or owner's attorney, enclose proof of authority) FORS BoA OFFICE USE A9J A C,,,,,, ^ Application copies rec' d; 4 � or_ for BOA on CA) by /(py�""' One copy filed with Town Clerk on�Pfdby CA) complete ?l / 4��t(J One copy each to Planning Bd and Building Dept /1'/7 v by ' 7��1 / /I $200 fee check given Town Treasure //r on�t/�bY�� " /wJai /v /)ed._��\ Bearing notice posted/Lo tJ��mailctd��/ CJI & Zf {_/� `�U ZJ Al ;i Hearing(s) one_/_ cont'd to__j__J_, �_/_ withdrawn?--J--/— ;J /1`r Decision due by_/_/_ made �f_/_ filed TC� _ mailed _ �� ;k Y` See related cases lawsuits _ other APPLICATION TO THE HISTORIC DISTRICT' COMMISSION Nantucket , Massuchusells for CERTIFICATE OF APPROPRIATENESS - STRUCTURAL. WORK An application is hereby made for Issuance of nCertificsteof Appropriateness under Chapter 396 Acts and Resolves of M nssachusclLs. 1970 proposed work as described below, and on plans, drawings and photographs accompanying this appli- cation. This is a contractual agreement. Fill out In ink. TAX MAP NO. 2 PARCEL NO.� OWNER OF RECORD: DATE: �V�! �O 1 I�� HOME ADDRESS: P i l o . Bp-/-, S_,_ ''rj�A =y� CT ZIP: Q�o�„� TEL. NO.: Vo3 4 76 7 7,2 6' 2 ADDRESS OF PROPOSED WORK: V O �- NAME AND ADDRESS OF AGENT:Z��fffttt�r.�� t, �t (4 ZIP: r`t��'IGL. NO.: drawings submitted must be or v scale and will be retained by this office. SCR I IP�1T ON DWELLING ADDITION_ GARAGE_ COMMERCIAL_ RAZING or DEMOLITION_ .OF W F�1G HISTORIC RESTORATION PAVING STEPS ✓ FENCE GATE OTHER . c� I/ t r �� SIZE OF STRUCTURE: Length 3 b t ibiR�. Width o�4 (ipM('� Square Footage U r` O U-1 WOOD DECK: Size V�{Zlf7l7�J" let Ii. 2nd F1. CJ U1 DIFFERENCE BETWEEN EXISTING GRADE AND FINISH GRADE: �INI�� ( N161 Jl . -J W Q R- L0 ioE5 — -� 0F=1 1 L- _J HEIGHT OF RIDGE ABOVE FINISH GRADE: lv S. E. W. -re, r (Z ET -Alm' 1� undation: Height Exposed y,3r Con. Blk. P ( s Blk. purged Brick type Imney: Block parl;ed� Brick Type 3. Wood Garage Doors f�_ Wood Louvers --�t I,,-- Skylight: (Flat Only) Type- Size p�� APP Roof Pit lormer Pitch 1� �F} Other 310. t�7Yj {�,�� n f� bM-r -F L -A_Tj. � C �J v L/ � ; Roofing Material: Asphalt Wood_ Other .ender Material size -YOU are reminded that rlo watj !9 nfav, di/jer f r-onr Your filed J �N ]utter Material �_ � Size specif iCatior'Is 1lrOUt priori l� r s� Z: 25 _ ll �, " aVOroval of. Cor�rrJrcg,d Size f 9� ascia Size Soffit Overhang _ Rakeboard size CD / 10[2 idewall: White Cedar Shingles Y Clapboard Other x c 11. 'Indow style: Double hung r Crankout muntine Snap -in fre- � ITS q Orlller, U 12. Door type: Front (�[ Rear Other Material (,jayQ COLOR Sidewall (yH at- _ (J `IIoofinir n�/rj7�l TiJG - T 6p-a Z Doors * (J 1-{" 1T-e SPA 1 ^1- Trim (V4ii 01F f'A1677 Foundation �C.IL Pj(� -S Fence t] 1A Sash W it V Pn lrti" Shutters (� I ri Deck C-rz, -f 5`ri4 1 N . Received by IIDC office VALID FOR 12 MONTHS FRO 1 I1 TI3 OF ISSUANCE. MAY BE RENEWED. NO STRUCTURE MAY DIFFER FROM THE APPROVED APPLICATION. / n APPROVED I/ COMMENTS•.'ajc --d xf�!`Fc� an DISAPPROVED