HomeMy WebLinkAbout017-94TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: February 18 , 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:
CROOKED TRUST
017 -94
ARTHUR I. READE, JR., TRUSTEE OF
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
filina 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.
cc: Town Clerk
Planning Board
Building Commissioner
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 ARTHUR I. READS, JR.,
Trustee of CROOKED TRUST ( "Applicant ") (017 -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 33 Crooked
Lane, (Assessor's Parcel 41- 203.1), is shown as Lot B 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. 087 -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 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, we grant the variance relief as requested,
to enable the siting of a structure on the Locus with a front
yard setback of een (15) feet, by a vote of four members in
WCW
favor and one ( ) opposed.
Dated: �'� . 1994
RECE&VEI)
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
FEB 18 1994
CLERK:___! /
kah /44 /BEINECKE
0
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:
ARTHUR I. READE, JR., TRUSTEE OF CROOKED TRUST
Board of Appeals File No. 017 -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. 087 -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 33 CROOKED LANE, Assessor's
Map 41, Parcel 203.1, Lot B, as shown on Plan File 29 -M.
The property is zoned Residential -2.
�6& Uji- ,
W. Waine, Chairman
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554 G
CASE No. 6 `
APPLICATION FOR RELIEF
Owner's name(s): Arthur I. Reade, Jr., Trustee of Crooked Trust
Mailing address: c/o Reade & Alger P.C., P.O.•Box 2669, Nantucket, MA 02584
Applicant's name: Same
Mailing address: Same
Location of lot: Assessor's map and parcel number 41' -203.1
Street address: 33 Crooked Lane
Registry Land Ct Plan, Plan Bk & Pg or Plan File 29-M Lot B
Date lot acquired: -LiJ11/90 Deed Ref 345 340 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: 87 -91
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 _ if Variance, 139 -30A if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -31A
s B _ attach decision or order appealed. OK to attach addendum .
Applicant requests variance releif 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. 87 -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: orderl addendum2
Locus map x Site plan' x showing present • +planned structures
Floor plans present proposed�'elevat�s (HDC approved?_)
Listings lot area xYrontage x setbacks x GCR parking data
Assessor - certified addressee It 4 sets x mal ni g labels 2 sets x
1200 fee payable to Town. of Nantucket x proof 'cap' covenant
(If an appeal, ask Town'Clerk to sendaldg Com s record to BoA7.F
I certify that the requested informatioh'submitted is substantially
complete an4 true to the best of my knowledge,' under the pains and
penalties o erjury,
SIGNATURE: Applicant _ Attorney /agent
3(If not owner or own is att rney, enclose proof of authority)
FOR BOA OFFICE USE
Application copies recd: 4 ✓ or_ for BoA on ! by
One copy filed with Town Clerk on by complete? v
One copy each to Planning Bd and Building Dept / by
$200 fee check given Town, T; asurer on / b5ZZ2 waived?
Hearing notice posted —i mailed/ I & M�/��, �=i�
Hearing(s) on___/_/_ cont'd to_/�/_, withdrawn ? —/_ /
Decision due by_/_/_ made•^/_/_ filed TC_/_/_ mailed_/_/_
See related cases lawsuits other
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REVISIONS LEGEND
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A �_
BOA Form
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MASSACHUSETTS 02554
ASSESSOR'S LIST OF PARTIES IN INTEREST
Sz /// CL-
PROPERTY OWNER: Arthur I. Reade, Jr., Trustee of Crooked Trust
APPLICANT FOR RELIEF (SAME? Yes ) :
ADDRESS OF PROPERTY:
33 Crooked Lane
ASSESSOR'S MAP - PARCEL: 41 -203.1
LIST OF PARTIES INCLUDING ADDRESSES (OR SEE ATTACHED__):
1 6 1990
I certify that the foregoing (or the attached j) lists all
persons, natural or legal, who are owners of abutting property,
owners of land directly opposite on any public or private street
or way, and abutters of the abutters and all other land owners
within three hundred feet of the property line of Owner's
property, as they (and their address) appear on the most recent
applicable tax list (per. M.G.L. c.40A, Section 11 and Zoning Code
Chapter 139, Section 139- 29D(2)). -
_ /L
Date
*Note: Applicant (petitioner)
which zoning relief is sought,
which might become involved in
parcels for each abutter.
(mcol /boaform)
ssessor, Town of Nantucket
should include with the lot for
any commonly -owned abutting lots
the zoning matter. List map and
Submitted by Reade & Alger P.C.
Date: December _16 , 1993 —
Reade & Alger Client:_
Beinecke (Crooked Lane)
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