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Home My WebLink About088-910 1�p 8 - `:,�,/ ZONING BOARD OF APPEALS 14 South Water Street Nantucket, Mass. 02554 Robert J. Leichter, Chairman Spencer M. Cowan, J-. Linda F. Williams, Vice Chairman Zoning Board Administrato Ann Balas, Clerk Telephone (508) 228 -721 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 088 -91 Owner /Applicant: WALTER BEINECKE, III 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 given to the Town Clerk so as to be received within such TWENTY (20) days. Date • Lf�" ober cc: Town Clerk Planning Board Building Commissioner ichter, Chairman BOARD OF APPEALS TOWN OF NANTUCKET Nantucket, Massachusetts Decision: The BOARD OF APPEALS, at a public hearing duly conducted at the Town and County Building, Federal and Broad Streets, Nantucket, on Friday, December 13, 1991, at 1:00 P.M., made the following Decision upon the application of WALTER BEINECKE, II ( "Applicant ") (088 -91): 1. This is an application for variance relief from thF front yard setback requirement of thirty (30) feet under the Intensity Regulations, Section 139 -16.A. of the Nantucket Zoninc By -law (the "By- law "), to enable the siting of a structure on the subject property with a front yard setback of fifteen (15) feet. The subject property (the "Locus ") is situated at 35 Crookec: Lane, (Assessor's Parcel 41- 203.2), is shown as Lot C on Plar. File 29 -M at Nantucket Registry of Deeds, and is zoned as Residential -2. 2. Applicant informs us that he has been requested to seek zoning relief by the Nantucket Conservation Commission in order to maximize the distance separating the proposed structure on the Locus from bordering vegetated wetlands located on the Locus. In 1987, Applicant filed a Notice of Intent with the Conservation Commission and secured a Superseding Order of Conditions which would have allowed for placement of a structure upon the Locus in conformity with then existing wetlands regulations, as well as the front yard setback requirement of the By -law. Due in part to the subsequent imposition of a sewer connection moratorium in the Town of Nantucket, and delays in securing a sewer extension permit from the Department of Environmental Protection, Applicant's right to proceed under that Order of Conditions expired under the Nantucket Wetlands protection by -law; the Department of Environmental Protection extended the Superseding Order under the state wetlands protection act. The Conservation Commission denied Applicant's request for an extension of the local Order of Conditions, due to changes in the Nantucket wetlands regulations increasing required distances from bordering vegetated wetlands, and informed Applicant that he would be required to complete a new filing with the Conservation Commission for the structure. Applicant filed a new Notice of Intent, and at the first public hearing on the matter, the Conservation Commission requested that Applicant seek zoning relief prior to proceeding further. 3. Based upon the application, the presentation made by the Applicant at the public hearing, and the Conservation Commission's request that the Applicant appear before this Board for zoning relief, we have no difficulty finding, and in fact do find, that the existing soil conditions and topography of the Locus meet the threshold requirements necessary for the granting of variance relief. Further, Applicant was prevented from exercising previously granted rights due to the sewer connection moratorium. We also note that the actual traveled roadway of Crooked Lane is some distance from the record front yard line of the Locus, which is measured from the record layout of Crooked Lane. Accordingly, we find that, due to soil conditions and topography especially affecting the Locus but not affecting the zoning district in general, a literal enforcement of the provisions of the By -law would result in hardship to Applicant, and that the desired relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the interest or purpose of the By -law. 4. Accordingly, to enable the siting yard setback of fifte favor and one ( alas) Dated: (dda /21 /Beinecke) we grant the variance relief as requested, of a structure on the Locus with a front en (15 ) feet, by a vote of four members ir. opposed. Y 1992 / I /' - /f l� f obertl J.1 Leichter nda F. Williams 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, December 13, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: WALTER BEINECKE, III Board of Appeals File No. 08879-1— — Applicant is seeking relief by Variance under §139 -32A of the Zoning Bylaw from the requirements of §139 -16A (Intensity Regulations - Front yard setback) to allow siting of a structure on the lot with a front yard setback of fifteen (15) feet; a thirty (30) foot front yard setback is required in the district. The Nantucket Conservation Commission has requested Applicant to seek such relief in order to maximize the distance separating the proposed structure from bordering vegetated wetlands on the premises. The premises are located at 35 CROOKED LANE, Assessor's Map 41, parcel 203, Lot C, as shown in Plan File 29 -M. The property is zoned R -2. Robert J. Leic t r, Chairman BOA Form 1 -89 NANTUCXET'ZONIXG COUNTYA pEALB BUILDING Date NANTUCKET, MA 02554 CASE No.-� APFLICATION FOR RELZEF owner's name(s): wniter Beinecke, III Mailing address: c/o Reade & Alger P.C:•, P.O. Box 2669; Nantucket, MA 02584 Applicant's name: same • i Mailing address: Location of lot:. Assessor's map and parcel-, number 41 - 203.2- Street address: 35 Crooked Lane Registry hand et pa :a , 14a P. Plan File 29M Lot C Date .lot acquired: _g,/I/gg Deed Re.f305,316 Zoning district R-2 Uses on lot — commercial: None X or MCD ?_ - number of: dwellings_ .duplex_ apartments_ rental rooms_ Building date(s): all pre -8/72? or Vacant Land C of 0 ?_ .Building Permit appl'n. Nos. None Case Nos. all BOA applications, lawsuits: None 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 X if Variance, 139 -30k if a Special Permit .(and 139 -33A if to alter or extend a nonconforming use). If appeal per T39 -3A & B _ ', attach decision or.order appealed. OK to attach addendum . Applicant requests variance relief from the 30 foot front yard setback requirement (Intensity Regulations §139 -16) to enable the siting of a single - family dwelling on the premises with a proposed front yard setback of 15 feet. The Nantucket Conservation Commission has requested that applicant seek such zoning relief in order to maximize the distance separating the proposed dwelling from bordering vegetated wetlands located on the premises. _ <(4/ Items enclosed as part of this Application: orderl addendum2 Locus map _x_ Site plan 'X showing present . +planne _ structures Floor plans present proposed_ elevations (HDC approved ?_) Listings lot area .x frontage X _r_ setbacks X GCR parking data Assessor- certifiecTaddressee =sst 4 sets )7 mall. labels 2 setsx 200 fee payable to•Town.of Nantucket proof 'cap' covenant (If an appeal, ask Town,Clerk to send Bldg Comr s.record.to BOA.) I certify that the - requested informatioxi submitted is substantially complete and true to the best of my knowledge,' under the pains and penalties of perjury. I SIGNATURE: Applicant ^Attorney /agent x 3(If not owner or owner's attor4ey, enclose proof of authority) FOR BOA OFFICE USE Application copies reed: 4_6" or for BoA onby-( one copy filed with Town Clerk on_,�//2 / C/ b complete? C.1 one copy each to Planning Bd and Building Dept 1�2 by C $200 fee check given Town Treasurer on��9Z bY�`�- ��wai /ved ?-_/ Hearing notice posted/ - mailed _6�� I & M1 I -21? 1�.Dlr Hearing( s) on__/_„/_ cont' d to��, �_/_ withdrawn ?_—/_/_ Decision due bye_/_ made _f_/_ filed TC__/__/, mailed__/__/_. See related cases- lawsuits other