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Home My WebLink About016-94TOWN OF NANTUCKET 6 /� `// BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February 16 , 19 94 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner /Applicant: 016 -94 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 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. Dale W. Waine Chairman cc: Town Clerk Planning Board Building Commissioner 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, February 11, 1994, at 1:00 P.M., made the following Decision upon the application of WALTER BEINECKE, III ( "Applicant ") (016 -94): 1. This is an application for variance relief from the front yard setback requirement of thirty (30) feet under the Intensity Regulations, Section 139 -16.A. of the Nantucket Zoning 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 31 Crooked Lane, (Assessor's Parcel 41 -203), is shown as Lot A on Plan File 29 -M at Nantucket Registry of Deeds, and is zoned as Residential -2. 2. The variance relief requested under this application was previously granted by us in Case No. 086 -91, and reference is made to said decision for purposes of outlining the history of the Locus and the wetlands issues specifically affecting the Locus. 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 g----anted 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, we grant the variance relief as requested, to enable the siting of a structure on the Locus with a front yard setback of if een (15) feet, by a vote of four members in favor and one (�) opposed. Dated: )-4 , /Y , 1994 RECEIVED TOWN CLERK'S OFFICE N.<<�yVTUCKET, MA 02554 FEB 18 1994 nvlL`. _ C3 is �AA 0LERK: kah /44 /BEINECKE ��inP�wY TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the Nantucket Zoning Board of Appeals will be held at 1:00 P.M., FRIDAY, FEBRUARY 11, 1994, in the Selectmen's Room, Town and County Building, Broad Street, Nantucket, on the Application of: WALTER BEINECKE, III. Board of Appeals File No. 016 -94 Applicant is seeking a VARIANCE pursuant to Nantucket Zoning By -Law §139 -32A from the requirements of §139 -16A (Intensity regulations) to enable the siting of a single - family dwelling on the premises with proposed front yard setback of 15 feet in a district that requires a 30 foot front yard setback. Such Variance relief was previously granted in BOA File No. 086 -91 and is said to have expired. The relief was granted to maximize the distance of a dwelling from bordering vegetated wetlands. The premises are located at 31 CROOKED LANE, Assessor's Map 41, Parcel 203, Lot A, as shown on Plan File 29 -M. The property is zoned Residential -2. 6zv I JCJ` (I I Dale W. Waive, Chairman BoA Form 1 -89 NANTTOWWNTANDNCOUNTYBOAR BUILDINoAPPEALS Date NANTUCKET, MA 02554 CASE No.ot&-W APPLICATION FOR RELIEF Owner's name(s): Walter Beinecke, III Mailing address: c/o Reade & Alger P.C., P.O. Box 2669, Nantucket, MA 02584 Applicant's name: Same Mailing address: s Location of lot Assessor Is. map and parcel.. number 41' - 203 Street address .: 31 Crooked Lane Registry Plan File 29M Lot A Date lot acquired: /�8$ Deed Ref , 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: 86 -91 State fully all .zoning relief sought and respective Code sections and subsections, specifically what-you propose compared Section and what grounds ou urge for.BoA to make each finding p er 139 -32A x if variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a noncon.orming use) If appeal per 139 -3JA & 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. Such variance relief was previously granted in Case No. 86 -91, in order to maximize distance of the proposed dwelling from bordering vegetated wetlands, and is now said to have expired. Items enclosed as part of this Application: orders addendum2 Locus map x Site plan x showing present . +planned structures pr Floor plans present oposed�'elevat�s (HDC approved ?_) Listings lot area x--Trontage x setbacks x GCR parking data Assessor- certifie —addressee lit 4 setsx majl� labels 2 sets x 200 fee payable to.Town.of Nantucket x proof 'cap' covenant (If an appeal, ask Town Clerk to sen�ldg Comr record to BOA. -j- I certify that the requested informatioli submitted is substantially \ complete and rue to the best of my knowledge, under the pains and penalties of rjfury, LU SIGNATURE: `' "'�"� Applicant Attorney /agent x LL 3(If not owner or owner's atto ney, enclose proof of authority) LL W cf) rn ' FOR BoA OFFICE USE Z Y `-' Application copies reed: 4r____ for BoA on�/1 -( by // W W One copy filed with Town Clerk on_L_/� by = comp, ?V cj C? Q One copy each to Planning Bd and Building Dept -/ /�by Z h I $200 fee check given Town Treasurer on,� by C'Ciwaived? _.i r FI JJ earing notice posted mailed I & Hearing(s) one_/_, cont'd to,/_j_, _./_/_ withdrawn Decision due by_/�^ made _/_/_ filed TC,/--/_ mailed _/_ See related cases lawsuits other