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HomeMy WebLinkAbout073-91©- 7�3-7 /. ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 November 27, 1991 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 073 -91 Owner /Applicant: MARY M. MICHAS Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed iD_..the office gt_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 Complaint in court w Notice of the action copy of the Decision received within such the Decision must be brought by filing a ithin TWENTY (20) days after this day's date. with a copy of the Complaint and a certified must be given to the Town Clerk so as to be TWENTY ( 2 0 )__3a -j�s . rt J._-L4ichter, Chail�kan cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS South Beach Street Nantucket, MA 02554 Map 59.3 Parcel 062 R -2 10 Starbuck Road 13,616 At a public hearing of the Zoning Board of Appeals held at 1:00 P.M., Friday, November 15, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the application of MARY M. MICHAS, of 11 Aberdeen Drive, Mendham, NJ 07945, Board 61" Appeals Fir@___RO. 073 -91, the Board made the following Decision: 1. Applicant is seeking a Special Permit under Section 139 -30A and Section 139 -16 C to validate an allegedly unintentional rear yard setback intrusion of 1.68 feet. The rear yard requirement in the district is ten feet; the structure (deck on back of house) is sited 8.32 feet from the rear lot line. The structure was sited before 1991. The premises are located at 10 Starbuck Road, Assessor's Map 59.3, Parcel 062, and shown as Lot 693 on Land Court Plan 3092 -66. The property is zoned R -2. 2. The decision is based upon the application and materials submitted therewith, and the testimony and evidence introduced at the hearing. 3. Applicant presented evidence that the main house was built in 1978 and a Certificate of Occupancy was obtained for that structure. Applicant bought the property in 1982,and,in 1983, she hired an Island contractor to build the addition which creates the violation. Her builder obtained all necessary permits and completed the work and told her the job was completed. She paid the contractor and has been living in the house and using the deck since 1983. 4. When Applicant contracted to sell the house, it was discovered that a Certificate of Occupancy had never been obtained for this addition and the 1983 building permit was still outstanding. Applicant immediately took steps to correct this problem and she hired John J. Shugrue, Inc. to prepare an "as- built" of the property. This "as- built" plan indicated the rear yard setback violation. 5. Applicant has used the deck in its present location since 1983 without complaint from neighbors and no letters of objection nor in person opposition was recorded at the hearing. 6. By unanimous vote (Williams, Waine, O'Mara and Balas in favor) the Board grants the relief requested by Special Permit under section 139 -16 C (1) and reduces the rear yard setback requirement to 8.32 feet, subject to the following condition: (a) That no other structure or part thereof be placed or erected within this xeduced set back distance. fA aveµ.-P—1 2-11 144 min Williams Dale Waine U Mic ,Pn O'Mara �W -Okki- Ann Balas ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 November 27, 1991 CERTIFICATE OF GRANTING OF SPECIAL PERMIT (Massachusetts General Laws, Chapter 40A, Section 11) The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies that a SPECIAL PERMIT has been GRANTED To: (Owner /Applicant) MARY M. MICHAS Address: 11 Aberdeen Drive, Mendh:am, N.J..07945 affecting the rights of the Owner /Applicant with respect to the land or building at: 10 Starbuck Road, Nantucket, Mass. Deed Reference: L. C. Cert. 13,616 And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the SPECIAL PERMIT and that copies of the Decision and of all plans referred to in the Decision have been filed with the Planning Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of the Owner /Applicant that the General Laws, Chapter 40A, Section 11 (last paragraph) provides that no VARIANCE and /or SPECIAL PERMIT, or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of the Decision is certified by the Town Clerk that TWENTY (20) days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such an appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Deeds for the County of Nantucket and indexed in the grantor index under the name of the Owner of Record or is recorded and noted on the Owner's Certificate of Title. -The fee_ for such recording or registering shall be paid by the wne /Applica r I (�M AoAa_ rt �/Leichter, Chairman Ann Balas, Clerk BOARD OF APPEALS OF NANTUCKET TOWN OF NANTUCKET NANTUCKET, MA 02554 IN RE: THE APPLICATION OF File No. 073 -91 Map 59.3 Parcel 62 Mary M. Michas Upon the request of the Applicant(s) made prior to (check one) X after publication of notice of a public hearing on the above captioned application, we acknowledge as a matter of right and without prejudice (check one) X approve without prejudice approve, but with ,prejudice the withdrawl in full of the said application. (check one) X of so much of the said application as The request for relief under 139- 16C(2), Dated: — December 11 , 1991 ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held at 1:00 P.M., Friday, November 15, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: MARY M. MICHAS Board of Appeals File No. 073 -91 Applicant is seeking a Special Permit under § §139 -30A and 139- 16C(2) to validate an allegedly unintentional rear yard setback intrusion of 1.68' ±. The rear yard setback required in the district is 10'; the structure is sited 8.321± from the rear lot line. The structure was sited before 1991. In the alternative, Applicant seeks a Special Permit under §139- 16C(1) to reduce the required rear setback from 10' to 8' to validate the siting of the existing structure. The premises are located at 10 STARBUCK ROAD, Assessor's Map 59.3, parcel 62, as shown on Land Court Plan 3092 -66, Lot 693. The property is zoned R -2. obert J. L ichter, Chairman *BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No.6 %3 -Q� APPLICATION FOR RELIEF owner's name(s): Mary M Michas . Mailing address: 11 Aberdeen Drive Mend]— NT n74A5 Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number 593 - 062 Street address: 10 Starbuck Road Land Court Plan Registry Land Ct Plan, Plan Bk & Pg or Plan File Lot 693 onxx&zkxxx 3092 -66 Date lot acquired: _L/__2./ 82 Deed Ref CT�3616 Zoning district R -2 Uses on lot - commercial: None _ or MCD ?_ ` - number of: dwellings x duplex_ apartments-- rental rooms_ ' Building date(s) : all pre -8/72? _ or 1979, addition, 1983 C of 0 ?outstanding Building Permit appl'n. Nos. 1342 -79; 2640 -83 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 Bo k to make each finning per Section 139 -32A if Variance, 139 -30A 4 if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3JA &B _ , attach decision or order appealed. OK to attach addendum . Applicant seeks Special Permit relief pursuant to Sections 139 -30A and 139 -16 (c). Applicant's deck, constructed in 1983 is 8.5 feet from sideline and a 10 foot setback is required. Applicant suggests that Special Permii`''elief can be granted without harming any abuttor as this deck has been in existence for nine years without any problems or complaints. aaGQ �. iLQ11Y /3 9 /G C G �o�cKran � �hacrcG�_ l0- �a� D_G.1/io�7Qi) Items enclosed as part of this Application: orderl addendum2 Locus maps Site plan showing present +planned " "structures Floor plans present proposed_ elevations (HDC approved? Listings lot area---g frontage,-4,_ setbacks-/ GCR� parking data Assessor - certified addressee fist 4 sets ma�ling labels 2 sets_ 200 fee payable to Town of Nantucket- proof _'cap' covenant (If an appeal, ask Town Clerk to senCBldg 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 _ 3(If not owner or owner's attorney, enclose proof of authority) FOR BOA OFFICE USE C%f� Application copies rec d: 4 V/ or for BoA on /d /��L/ by One copy filed with Town Clerk on &) �by Ce, compl /et�e ?.1\�/ One copy each to Planning Bd and Building Dept��'J by C $200 fee check given Town Treasurer on��bY waived ?_ �� Hearing notice postedZO,A�'/Zmaile4} J I%�I & �_/ �, Zb -)I Hearing (s) on_/_/_ cont' d to_/_/_, _/_/_ withdrawn ?__/__/_ Decision due by__/,_/_ made��_ filed TC _/_/_ mailed _/_ See related cases lawsuits _ other