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Home My WebLink About049-94+y TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: i , 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.: 049 -94 Owner/Applicant: CHRISTOPHER D. AND CHERYL A. EMERY 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 N TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 59.4 646 Tennessee Avenue Parcels 89, 90, 91, 196, 197 & 198 Plan Book 54, Page 39 Residential -2 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, July 8, 1994 and continued to 1:00 P.M., Friday, August 12, 1994, in the Selectmen's Meeting Room, Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of CHRISTOPHER D. AND CHERYL A. EMERY, of P.O. Box 99, Nantucket, MA 02554, Board of Appeals File No. 049 -94, the Board made the following Decision: 1. Applicants are seeking relief by VARIANCE pursuant to Nantucket Zoning By -Law §139 -32A from the requirements of Nantucket Zoning By -Law §139 -16A (Intensity Regulations - setback requirements), in order to construct a "boathouse" to be located 15 feet from the front yard lot line in a district that requires a 30 foot front yard setback. The premises is located at 46 TENNESSEE AVENUE, Madaket, Assessor's Map 59.4, Parcels 89, 90, 91, 196, 197 and 198, as shown in Plan Book 54, Page 39. The property is zoned Residential -2. 2. The Decision is based upon the Application and materials submitted with it, the testimony and evidence presented at the hearing, two letters from abutters, a letter from the Conservation Commission Administrator and a recommendation from the Planning Board that due consideration be paid to the pattern of the sitings of surrounding structures on neighboring lots and abutters' concerns. The Conservation Commission letter, dated August 8, 1994, stated that the Commission had done a field inspection and determined that siting of the proposed structure in a different location than applied to this Board for, i.e., to the west of the principal dwelling, would not increase the setback from the wetlands and would require removal of substantial amounts of existing vegetation. Several abutters were present at the July 8, 1994 hearing and expressed concerns relating to flooding, view obstruction, too much massing of structures at the road and wetlands sensitivity, further noting that there appeared to be other options as to siting of the structure outside of the front yard setback. Applicants stated that they were in the process of seeking an Order of Conditions from the Conservation Commission, though no Order had been issued at the time of the Board's hearing, to allow placement of the structure closer to the wetlands than indicated on the plan submitted to this Board. (049 -94) -2- 3. Applicants propose to construct a 16' x 20' ramped "boathouse" that will be used to store water - related items. To maximize the distance from the wetlands on the northern portion of their property, Applicants wish to site the structure within the 30 foot front yard setback area, i.e., at 15 feet. The proposed location is said to be in close proximity to an existing easement that is used by the neighborhood to access Hither Creek. At the July 8, 1994 meeting, the Conservation Commission Administrator represented that there was general Commission support for siting the structure as far away from the wetlands as possible but did not support one location in particular over another. Applicants represent that the proposed location would be more beneficial to the area as it would minimize alteration of the indigenous vegetation, having a natural clearing at the site, minimizing travel over a larger portion of the lot to access the boathouse and would be in line with a similar garage type structure on an adjacent lot that also violates the front yard setback requirement. Applicant further agreed to remove a non - conforming shed that encroaches on the front yard setback, being sited at 14+ feet from the lot line, should relief be granted. 4. A majority of the Board finds that there are not sufficient facts to support grounds for Variance relief and that there are other options of siting the structure outside of the setbacks and that any hardship that may arise from such siting would be of the Applicants' own making, notwithstanding the greater possible impact upon the wetlands area with a relocation of the boathouse. Applicants currently have a principal dwelling and shed upon the premises and the Board fails to see how a boathouse sited within the setbacks is a matter of right. 5. Accordingly, upon a motion made and seconded to grant relief, two members voted in the affirmative (Waine and Williams) and three members voted in the negative ( Balas, Sevrens and Angelastro), relief by Variance under Nantucket Zoning By -Law §139 -16A is thus DENIED. Dated: 1994, 4AAA P WVl� Linda F. Wi iams nn Balas ancy Sevre RECEIVED TOWN CLERK'S OFFICE NANTUCKET. MA ('2 ',r,4 1IME: CLERK: S E P 0 91994 Zoning Board of Appeals South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the ZON= BOARS OF APPEALS will be held at 1:00 P.M., Friday, July 8, 1994, the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: CHRISTOPHER D. AND CHERYL A. EMERY Board of Appeals File No. 049 -94 Applicants are seeking relief by VARIANCE pursuant to Nantucket Zoning By -Law §139 -32A from the requirements of Nantucket Zoning By -Law §139 -16A, Intensity Regulations (setback requirements), in order to construct a boathouse to be located 15 feet from the front yard lot line in a district that requires a 30 foot front yard setback. The premises is located at 46 TENNESSEE AVENUE, Madaket, Assessor's Map 59.4, parcels 89, 90, 91, 196, 197 and 198, as shown in Plan Book 54, page 39. The property is zoned Residential -2. Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228 -7215. BOA Form are owner's name (s) � N,4 ! ',Mailing address: f -`: Applicant's Mailing add Location of name: NANTUCKET ZONING BOARD OF APPEALS D- — ate-- - TOFN AND COUNTY BUILDING NANTUCKET, MA 02554 CASE No qj APPLiCAn'70N FOR RELIEF e 4--t ess : lot: Assessor's map and parcel number- Street address: � �l/� ��, j or Plan File Registry Land Ct Plan, an Bk ,✓ Lot J� Zoning district -- Date lot acquired: LJ Deed Ref MCD ? Uses on lot - .commercial:'None �/ or _, apartments rental rooms_ - number of: dwellings duplex_ a <;�d C of Building date(s): all pre-8 /72. or Building Permit appl'n. Nos. Case Nos. all BOA applications, lawsuits: State fully all zoning relief what sections and subsections, specifically what y P p per Section and what subsections, you urge for BOA to make each finding (and 139 -33A 139 -32A V/ if Variance, 139-30A if a Sp er 139 -3 N if to alter or extend a ncnconorming use). If appeal p & B attach decision or order appealed. OK to attach addendum . � ` fie_. r�s � FOR BOA OFFICE USE l _ -J b y G Application copies recd: 4_,_ Or for BOA on -- complete. One copy filed with Town Clerk on�Q/� by� One copy each t0 Planning Bd and Building Dept_ /�fIbY�- �a by� -��?) - wa�iv, e /d ?- 91�/. $200 fee check given Town Treasurer one I & M�/l�J.Li �✓ ��'-1 Hearing notice posted _W-4 mailed-&M-41 on��— cont' r tom_/_, �— withdrawn?—/./ — made _ filed TC —,i_/_ mailed.. —/_ Decision due bye_/— _ J--/— See related cases lawsuits_ other_._______ — Y Lj e-', w U Lo addendum2 Items enclosed as part of�this Application:�ordelanned ✓ structures present p N LL a Locus map Site plan_ showing HDC as roved? ) F1oor plans present proposed elevations ' ( pp GCR parking data_ O Q (� � d- rn Listings lot area�rontage setbacks Lisessor- addressee 1-1st 4 sets �ma�ling labels 2 sets / 'cap' covenant_ � rn certifie Si200 fee payable to Town of Nantucket ✓ proof T to senciBldg Comr s record to BOA.) U W Y (If an appeal, ask Town Clerk ti U U Q I certify that the requested infomyaknowledgeitundersthebpainslandl F' complete and true Z penalties of rjury. � � ApplicantG�;LAttorney /agent 0 Z � SIGNATUR 5 ney, enclose proof of authority) 3(If not owner or owner's att FOR BOA OFFICE USE l _ -J b y G Application copies recd: 4_,_ Or for BOA on -- complete. 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PERFORATED PIPE HOLES DOWN 1 r a� �d r Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Southeast Regional Office William F. Weld Govemor Trudy Coxe Secretary, EOEA Thomas B. Powers ctl Commissioner RE: NOTIT?CATION OF WETLANDS PROTECTION ACT FILE NUMBER NANTUCKET DATE: May 27 1994 (city /town) The Department of Environmental Protection has received a Notice of Intent filed in accordance with the Wetlands Protection Act (M.G.L. c.131, §40): Applicant:CHRIS EMERY _ Owner:SAME -- Address:PO BOX 99 Address: NANTUCKET MA 02554 Project Location: 46 TENNESSEE AVENUE IF CHECKED, THE FOLLOWING ITEMS) APPLY TO THIS NOTICE OF INTENT: A. -X This project has been assigned the following file #: SE 48 -854 Although a file # is being issued, please note the following: 310 CMR 10.55 OR 10.32 LSCSF ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT APPROVAL OF APPLICATION B. No File # will be assigned to this project until the following missing information is sent to this office: ( ) copy(s) of a completed Notice of Intent (Form 3 or Form 4 of Sect. 10.99, whichever is applicable) and a copy of the Fee Transmittal Form, with a cox of the check for the State's share of the Notice of Intent filing fee. ( ) copy(s) of plans, calculations, and other documentation necessary to completely describe the proposed work and mitigating measures to protect resource areas. ( ) copy(s) of an 82" X 11" section of the USGS map of the area. ( ) copy(s) of plans showing compliance with Title 5 of the State Environmental Code, 310 CMR 15.00. ( ) Proof that a copy of your Notice of Intent has been mailed or hand delivered to the Natural Heritage and Endangered Species Program. COMMENTS: 20 Riverside Drive • Lakeville, Massachusetts 02347 • FAX (508) 947 -6557 * Telephone (508) 946 -2700 ». r. SS•nO BoA: Form 2 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN-AND COUNTY BUILDING NANTUCKETr MA 02554 ASSESSORS LIST OF PARTIES IN INTEREST PROPERTY ;.OWNER: APPLICANT FOR RELIEF (SAME? ): ADDRESS- OF PROPERTY: r C _r1Re �� >P„� / ✓� ASSESSOR'S MAP - PARCEL: )R LIST'OF PARTIES INCLUDING` ADDRESSES *(OR SEE ATTACHED �_)= JUN _ 2 r 'I certify that the foregoing (or the attached J—) lists all nerson_s.,: natural or legal, who are owners of abutting property,"owners of land directly opposite on any public i. or prvate'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)]. sse sor,STown o antucket Date ��n � *NOTE: Applicant (petitioner) should include with the lot for which zoning relief is sought, any commonly -owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. 06/0¢/94 TOWN OF NANTUCKET PAGE 1 12':52.44 OWNER'S MAILING ADDRESS LIST MUAS750 8.1 Map Block Lot Owner's /Co- Owner's Name Mailing Address /City State Zip Property Location 0594 0087 BARTLETT FRANKLIN & ARLINE S PO BOX 777 0000 K ST NANTUCKET MA 02554 0594 0088 HALL BEVERLY M PO BOX 1465 0044 TENNESSEE AVE NANTUCKET MA 02554 0594 0348 HERLITZ STEVEN K & MARY VIRGIN 5431 BLUE CRAB CIR 0007 OAKLAND ST BOKEELIA FL 33922 0594 0315 KOCH H WILLIAM III & JUNE L BOX 434 0062 WASHINGTON AVE WILLISTON VT 05495 0594 0259 POWELL CAROL E 0211 CAROLINE ST # C8 0041 TENNESSEE AVE CAPE CANAVERAL FL 32920 -2752 0594 0310 LINDSAY STEPHEN A & BRENDA NOL PO BOX 1280 0043 TENNESSEE AVE NANTUCKET MA 02554 0594 0261 TABER MASON M JP. & CYNTHIA K 0009 WALNUT ST # 1 0045 TENNESSEE AVE BOSTON MA 02108 0594 0201 *SIMONTON J HOWARD & NANCY L PO BOX 104 0008 M ST YORKLYN DE 19736 0594 0262 BUTNER EDWARD J JR & EDNA 0006 M ST 0006 M ST NANTUCKET MA 02554 0594 0203 JENNISON WHITNEY W SIMSBURY RD 0051 TENNESSEE AVE N CANTON CT 06059 0594 0362 *DEELEY DEBORAH PO BOX 1237 0053 TENNESSEE AVE NANTUCKET MA 02554 0594 02021,/JENNISON WHITNEY W SIMSBURY RD 0051 TENNESSEE AVE N CANTON CT 06059 0594 0095 *COLLEY MARJORIE A PO BOX 218 0052 TENNESSEE AVE NANTUCKET MA 02554 0594 0094 TOPHAM JOHN G & ALVIN S HUMMOCK POND RD 052R TENNESSEE AVE NANTUCKET MA 02554 0594 0093 MINSTRELL NORMA M & CHASE NANC PO BOX 606 0050 TENNESSEE AVE NANTUCKET MA 02554 0594 0200 *MINSTREEL NORMA M TR PO BOX 606 0050 TENNESSEE AVE TENNESSEE AVE NOMINEE TRUST NANTUCKET MA 02554 0594 0092 RAY GEORGE R & MARJORIE 0131 RIVERSIDE DR 0048 TENNESSEE AVE NEW YORK NY 10024 0594 0002 HITHER CREEK BOAT YARD INC MADAKET 0000 MADAKET NANTUCKET MA 02554 0038 0018 SHAW ELLEN 9 LOCK MILL DRIVE 0003 LITTLE NECK WAY C/O DAVID MACARTHUR LITCHFIELD NH 03051 0038 0018 X SHAW ELLEN 9 LOCK MILL DRIVE 0003 LITTLE NECK WAY C/0 DAVID MACARTHUR LITCHFIELD HH 03051 0060 0013 NANTUCKET CONSERVATION FOUND I 00118 CLIFF RD 0021 LITTLE NECK WAY NANTUCKET MA 02554 0060 0017`XHITHER CREEK BOAT YARD INC MADAKET 0020 LITTLE NECK WAY NANTUCKET MA 02554 NUMBER OF RECORDS = 22