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Home My WebLink About008-96 OS - % n,,pTUC/r TOWN OF NANTUCKET 02 N BOARD OF APPEALS 09p0RATEV NANTUCKET, MASSACHUSETTS 02554 Date : February 14 , 19 96 To : Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following : Application No . : 008-96 Owner/Applicant : ROBERT S . LANDAUER, JR. 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 . � ,I l ' CAL) •( fl�. J �� Dale W. Waine, Vice hrman cc : Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING- TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS) ; § 139-32I (VARIANCES ) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEAL: . o�apN-rUC TOWN OF NANTUCKET °;{' 9N BOARD OF APPEALS c4,PoR ED NANTUCKET, MASSACHUSETTS 02554 Assessor ' s Map 63 17 Head of the Plains Parcel 56 Land Court Plan 35280-B Limited Use General-II Lot 3 , Cert. of Title 9 , 245 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 : 00 P.M. , FRIDAY, FEBRUARY 2 , 1996 , in the Selectmen ' s Meeting Room, Town and County Building, Broad Street, Nantucket, Massachusetts , the Board made the following Decision on the Application of ROBERT S . LANDAUER, JR. , c/o E . Menoyo @ Palmer & Dodge , One Beacon Street , Boston, MA 02108 , Board of Appeals File No . 008-96 : 1 . Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A (alteration/expansion of a pre-existing non-conforming structure/use) . Applicant proposes to add a second floor addition to a portion of a said to be pre-existing single-family dwelling. The structure is non-conforming as to side yard setback, with the deck being sited zero feet from the easterly side yard lot line at its closest point and the dwelling being sited. 9 . 2+ feet from the same lot line at its closest point in a zoning district that requires a minimum side and rear yard setback of fifteen feet . The upward expansion of the center portion of the structure will be within the existing footprint and come no closer to the side yard lot line than the exiting structure . The premises is located at 17 HEAD OF THE PLAINS ROAD, Assessor ' s Map 63 , Parcel 56, and shown as Lot 3 on Land Court Plan 35280-B. The property is zoned Limited Use General-II . 2 . The Decision is based upon the Application and materials submitted with it and testimony and evidence received at the Hearing . The Planning Board made no recommendation. 3 . Applicant proposes to add a second story to the center portion of a pre-existing non-conforming single family dwelling. The structure is comprised of three hexagonal sections , two ( 2) decks, a greenhouse and an attached shed that were all constructed at separate times pursuant to and in substantial compliance with validly issued Building Permits . The new second floor addition will be constructed entirely within the existing footprint of the center portion of the dwelling and come no closer to the easterly side yard lot line . The Board takes note that the deck that is located on the northeasterly corner of the pre-1972 center section of the dwelling appears to extend beyond the side yard lot line . However, the Board takes no position as the matter is outside the jurisdiction of this Board. 4 . The Board finds that the grant of a Special Permit to allow the construction of a second floor addition over the center portion ( f the single family dwelling, that is sited 10+ feet from the easterly side yard lot line in a district that requires a minimum side and rear yard setback of 15 feet, and not coming any closer to that lot line , would not be substantially more detrimental to the neighborhood than the existing non-conformity . 5 . Accordingly, by a unanimous vote , the Board GRANTS the requested relief by SPECIAL PERMIT under Zoning By-Law §139-33A to allow construction of the second floor addition as proposed, subject to Historic District Commission approval . 4}_n _ i ( Dated: February 14, 1996 -Th Dale W. Waine -t1G • //I ' 1 L . F . illiams r 1_,1' •oter . J . Leichter �7 . _ .,_,„.„..._, c._,._ _ A-)--,c QL. _____ , __,William P . Hourihan, Jr . Michael Angelastro RECEIVED TOWN CLERK'S OFFICE" NANTUCKET rii' O2 q FEB 14 1996 TIME: ( ' CS—. it CLERK: I L, "i at. 0,14Tucke,, TOWN OF NANTUCKET 19 , =a - BOARD OF APPEALS c°'9PORAAE9. NANTUCKET, MASSACHUSETTS 02554 wo A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P .M. , FRIDAY, FEBRUARY 2 , 1996, in the Selectmen ' s Meeting Room, Town and County Building, Broad Street , Nantucket , Massachusetts , on the Application of the following: ROBERT S . LANDAUER, JR. BOARD OF APPEALS FILE NO. 008-96 Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A (alteration/expansion of a pre-existing non-conforming structure/use) . Applicant proposes to add a second floor addition to a portion of a said to be pre-existing single-family dwelling. The structure is non-conforming as to side yard setback, with the deck being sited zero feet from the easterly side yard lot line at its closest point and the dwelling being sited 9 . 2+ feet from the same lot line at its closest point in a zoning district that requires a minimum side and rear yard setback of fifteen feet . The upward expansion of the center portion of the structure will be within the existing footprint and come no closer to the side yard lot line than the existing structure . The premises is located at 17 HEAD OF PLAINS ROAD, Assessor ' s Map 63 , Parcel 56 , and shown as Lot 3 on Land Court Plan 35280-B. The property is zoned Limited Use General-II . t GCS `(y/ Michael J . 0 ' ara , Chairman THIS NOTICE iS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE. FORMATS. FOR ASSISTANCE CALL (.508) 228-7215 . ' 12/0?;1995 0.3:53 ��,� u�53 6172599234 PETTIGREW - ; ` . \ . -1\\ ` ` i' ■ ;ill I 411 / .: l'i l'!/ • LJ