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Home My WebLink About053-91053'x/ ZONING BOARD OF APPELLs So Lh Beach Street 2 �antac1:et, Mass. 255- NOTICE A Public Hearing of the BOARD OF APPEALS will be held at 1:00 P.M., Friday, August 23, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: JAMES and PRISCILLA McINTOSH Board of Appeals File No. 053 -91 Applicant is seeking a Special Permit under § §139- 16C(1) and 139 -30A of the Zoning Bylaw to validate the existing structure and to allow the additiion of steps for egress from the second floor apartment by reducing the required side yard setback from ten (10) feet to five (5) feet. The structure is currently sited 7.1+ feet from the side lot line; 10 feet is required in the district. The premises 66, parcel 95, as is zoned R -2. are located at 56 SOMERSET ROAD, Assessor's Map shown in Plan Book 18, page 102. The property h4�W-4ok&1-- Robert J. L chter, Chairman �Utt :six! l�al� 1M r2,,( 41,p -- V11, 4.— BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, NA 02554 ^^zz ( 71 VIA CASE No.Gcc�J -7 d n APPLICATIO „FOR RELIEF kv owner's name (s) : CL^- s 1 /"l �IAO S Ih Mailing address: Applicant's name: <Z2, o Mailing address: 5r' ;^ Location of lot: Assessor's map and parcel number Street address: Registry Land Ct Plan an File Z Lot 19 Date lot acquire Deed Ref _,— oning district Uses on lot - commercial: None or MCD ?— number of: dwellings 1i duplex_ apartments_ rental rooms r ilding date(s) : all pre -8/72? or �' "`, 1 ''' - C of 0 ?_ "7.)' 14 Building Permit appl'n: 1 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 ou urge for BoA to make each finding per Section t� 139 -32A if Variance, 139 -30A K if a Special Permit (and 139 -33A `\ if to alter or extend a nonconforming use). If appeal per 139 -3�A attach decision or olyder appealed. OK to attach addendum . !`d C e-" A v v L 3 r � �1 c N tItems enclose of this Application: orderl addendum2 Locus map_ Site p showing + lanned structures `! Floor plans pr proposed— �vatiQ s (HDC approved ?_) istin s lot _ area froiitac a se acks GCR parking data ssor- e a ressee is 4 sets ma ing a e s se s_ `t 200 fee payable o Town of Nantucket proof 'cap' covenant k 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 perjury. , / SIGNATURE: K�0O1V Applicant '! Attorney /agent — 3 If not ow er or owner's attorney, enclose roof of authority) ( Y. p / BoA„ ( USE a 2 Application copies reed: 4— or If or BoA on 1'�Fz by — �� I PY �2, y� p ?-�� One co filed with Town Clerk on b con lete. �, One copy each to in a Building Dept - 1_ $200 fee check giv r of =g b4 waived? - ° 1 �- Hearing notice posted ��1 mail ed ��_/w I & U c�tiearing(s) on_/_/_ cont'd to—/ withdrawn ?__/__/_ Decision due bye_/_ made_/_ filed TC_/�_ mailed_/_/_ See related cases lawsuits other ADDENDUM A We are seeking a Special Permit under § §139- 16C(1) and 139 - 30A of the Zoning Bylaw to validate the existing structure and to allow the additiion of steps for egress from the second floor apartment by reducing the required side yard setback from ten (10) feet to five (5) feet. The structure is currently sited 7.1+ feet from the side lot line; 10 feet is required in the district. In addition, we request a waiver of the application fee. TOWN OF NANTUCKET ZONING BOARD OF APPEALS Nantucket, Mass. 02554 El- To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 053 -91 Owner /Applicant: JAMES and PRISCILLA MCINTOSH 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 a Complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the Complaint and a certified copy of the Decision must be g to the To Clerk so as to be received within such TWENTY 0) d ys: , Date: Robert J./Leichter, Chairman cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 Map 66 -0 -0 56 Somerset Road Parcel 95 270/156 R -2 At a Public Hearing of the BOARD OF APPEALS held at 1:00 P.M., Friday, August 23, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of JAMES and PRISCILLA McINTOSH, of 56 Somerset Road, Nantucket, Mass. 02554, Board of Appeals File No. 053 -91, the Board made the following DECISION: 1. Applicant is seeking a Special Permit under § §139- 16C(1) and 139 -30A of the Zoning Bylaw to validate the existing structure, a garage with apartment, and to allow the addition of steps for egress from the second floor apartment by reducing the required side yard setback from ten (10) feet to five (5) feet. The structure is currently sited 7.1+ feet from the side lot line; 10 feet is required in the district. Applicant also requested a fee waiver. The premises are located at 56 SOMERSET ROAD, Assessor's Map 66, parcel 95, as shown in Plan Book 18, page 102. The property is zoned R -2. 2. The Board's Decision is based upon the Application and materials filed therewith, the testimony and evidence presented at the hearing, and a favorable recommendation from the Planning Board. 3. Applicant stated that he had sited the building in its present location before November, 1990, and believed it to be far enough from the side lot line to comply with zoning, but, when he had an as -built plan prepared for submission to the Building Department, he discovered the encroachment of 3 -411. Because steps are necessary to enter the building on that side, an additional encroachment of three (3) feet will be necessary to provide proper access and egress at that point. In addition, in order to provide a second means of egress from the second floor apartment, a second set of steps will be needed, and they will also encroach on the side setback, further than the first set of steps. 4. The nearest abutter on that side expressed concern about additional foot traffic being generated on that side with both stairways facing his property, and he complained of an excessive number of vehicles being parked on the lot and said that he did not want more vehicles parked there, and he did not want them parked right next to his lot line, which would be the primary access to the building by means of a foot path along the side of the building nearest his yard. Application No. 053 -91 Decision 5. The abutter on the other side of the property also spoke n opposition to the Application, citing the generally untidy state of the premises, the parking problems and the blowing of litter from the Applicant's property. 6. Applicant stated that there would only be foot access on the southwesterly side, that cars would not be parked along that lot line, and said the steps from the second floor deck could be turned parallel to the lot line for the last three steps to reduce the impression of people heading directly into the neighbor's yard. Applicant said that he would preserve a split rail fence along the southwesterly lot line and that he had planted shrubs and would plant more and build a split rail fence along the northeasterly lot line. 7. Applicant was advised by the Board to address the concerns of his neighbors and tidy up the property in general, reminding him that the Code of the Town of Nantucket only allows one (1) unregistered motor vehicle on any lot. 8. By unanimous vote (Leichter, Williams, Balas, Beale and Mitchell in favor) the Board GRANTS the relief requested under §139- 16C(1) to reduce the required side setback on the southwest side of the lot from ten (10) feet to six (6) feet and validates the siting of the structure to within nine and seven tenths (9.7) feet of said side lot line as the building presently exists upon the following conditions: A. Applicant shall maintain a fence on the southwest side of his property; and B. No vehicles shall be permitted to park within the normally required ten (10) foot side setbacks; and C. Only a foot path and vegetation shall be permitted within the normally required ten (10) foot side yard setbacks except for the steps as shown on the plans submitted with this application and the building in its existing configuration; and D. No further building shall be permitted within the setbacks without further relief from this Board. 9. By a vote of 1 -4 (Williams in favo Leichter, Balas, Beale and Mitchell opposed) the request f a iver of fee was DENIED Date: �— obert J. eic r 2 Application No. 053 -91 Linda F. Williams C. Marshall Beale 3 � f Ann Balas Decision i 1 1,1191 - INN ,RIVWFIIN-15'� M