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Home My WebLink About001-97 C� 31 - (Q 01)0,4 TOWN OF NANTUCKET BOARD OF APPEALS yc°APoRATEO:`bA NANTUCKET, MASSACHUSETTS 02554 Date: June 26 , 1996 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 031-96 Owner/Applicant: ELISABETH HITCHCOCK 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 . (AVE CAck --CD' Michael J. 0'Ma Chairman 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 APPEALS . 40TUCMe,� TOWN OF NANTUCKET kit � f�� • BOARD OF APPEALS -4PORaito° NANTUCKET, MASSACHUSETTS 02554 Assessor' s Map 56 41 Friendship Lane Parcel 356 Land Court Plan 35397-G Residential-2 Lot 59 Cert . of Title 17, 247 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 :00 P.M. , Friday, June 7, 1996 in the Selectmen' s Meeting Room, Town and County Building, Broad Street, Nantucket, MA, the Board made the following Decision on the Application of ELISABETH HITCHCOCK, of 41 Friendship Lane, Nantucket, MA 02554, Board of Appeals File No . 031-96: 1 . Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-16C( 1 ) (Intensity Regulations - side yard setbacks) to reduce the required side yard setback requirement from ten ( 10) feet to five ( 5) feet along a portion of the southerly lot line to cure a setback violation of an existing deck that is currently sited 7 . 29+ feet from the side yard lot line at its closest point . In the alternative, Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-16C( 2) to validate an unintentional intrusion in a side yard setback. The premises is located at 41 FRIENDSHIP LANE, Assessor' s Map 56 , Parcel 356 , Land Court Plan 35397-G, Lot 59 . The property is zoned Residential-2 . 2 . The Decision is based upon the Application and accompanying materials , and representations and testimony received at the Public Hearing . The Planning Board made an unfavorable recommendation citing that there were no valid grounds for grant of relief under §139-16C( 1 ) and made an unfavorable recommendation on grant of relief under §139-16C( 2 ) citing that the deck does not qualify for relief under this section. There were no letters in support or opposition on file. 3 . Applicant , through counsel , represented that the deck was built pursuant to a validly issued building permit and was constructed within the past year. Applicant had received a Certificate of Occupancy for the single family dwelling that the deck is attached to along the southerly side of the structure sited 7 . 29+ feet at its closest point from the side yard lot line in a zoning district that required a minimum of a ten ( 10) foot side yard setback. Applicant stated that the side yard lot lines are angled , with a ten ( 10) foot wide bridal path easement running along the northerly side yard lot line, and the mis-siting of the deck was an unintentional error made by the builder , the Applicant ' s spouse . The deck provides entrance into the side of the house and is shielded by natural vegetation from the vacant abutting lot to the south. 4. Some Board members expressed concern about setting a precedent with a grant of relief under §139-16C( 1 ) that would reduce the setback from ten ( 10) to five (5) feet to validate the deck. It would possibly encourage others to build in deliberate violation of zoning by-laws with the intent on then seeking relief from the Board of Appeals . However , the Board was persuaded that in this particular case an error was made in good faith, further finding that a grant of relief to validate the deck would not be substantially more detrimental to the neighborhood and would be in harmony with the general purpose and intent of the Zoning By-Law. 5 . Therefore, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning By-Law §139-16C( 1 ) , only to the extent necessary to validate the location of the existing deck as shown on a plan done by John J . Shugrue, dated April 19 , 1996 , for David Hitchcock and on file at the Board of Appeals subject to the condition that there be no further construction within the require ten ( 10) foot side yard setback area . 6 . Relief under Nantucket Zoning By-Law §139-16C(2) was deemed not to be applicable as the deck was constructed after 1990 without a licensed survey having been done. Dated: June 2,6 , 1996 \)‘/th-1 Mic 4 . O'Mara 114 'l� r RECEIVED i nd. � , I�-ms ECEIVED NAN7 CLERK'S OFFICE Al UCKET, MA 02554 -obert + Leichter JUN 2 6 1996 . TIME: �` �. CLERK: Z An• G B. .s 400, Michael Angelastro N .<p..t,-Az.S''► 743s \ . L.csc • 4 / . P 1 3 9 \r, 4 1� .c s" _'.•s 1 ! „,y -• 1,143,4 li 0 IA all,ii. re o A 0 fh 1 4R m °g .‘osv'r • I CERTIFY THAT AS A RESULT OF ZONING: R-2 A SURVEY MADE ON THE GROUND, MINIMUM LOT SIZE:A,o,adds.F, THAT THE STRUCTURE IS LOCATED MINIMUM FRONTAGE: 7✓; ON THE LOT AS SHOWN WITH NO FRONTYARD SETBACK: 3e VISIBLE ENCROACHMENTS, AND DID Aid T REAR & SIDE SETBACK:/0 COMPLY WITH THE ZONING SETBACKS GROUND COVER RATIO: ,,, IN EFFECT AT THE TIME OF CON- STRUCTION. THE SITE IS SITUATED PLOT PLAN OF LAND IN IN ZONE ” C " OF THE F.E.M.A. NANTUCKET, MASS. MAP SHEET # d d//C. C07.1y TY 025 2 0!..." -C--." SCALE 1"- Vd JU hugru .L 44),`"*" M :, DATE: f/'1 IL /`f, X996 I J�"." N y JOHN J. SHUGRUE,INC. Date: fiMIL. /9, /946 18 SHUGRUE 57 OLD SOUTH ROAD �1, No.23529 � NANTUCKET, MA. 02554 q �/ /• FOR: Dftv10 /f/rCNcociC I ASSESSOR'S HAP 5-60 PARCEL NO, 3 66 yP. 38 6-9—I • • �_t�.NTUC4 TOWN OF NANTUCKET •0 zra J • BOARD OF APPEALS • °9p0R,00-. NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 :00 P.M. , FRIDAY, JUNE 7, 1996 , in the Selectmen' s Meeting Room, Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of the following: ELISABETH HITCHCOCK BOARD OF APPEALS FILE NO. 031-96 Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-16C( 1 ) ( Intensity Regulations - side yard setbacks ) to reduce the required side yard setback requirement from ten ( 10) feet to five ( 5) feet along a portion of the southerly lot line to cure a setback violation of an existing deck that is currently sited 7 . 29+ feet from the side yard lot line at its closest point . In the alternative, Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-16C( 2) to validate an unintentional intrusion in a side yard setback . The premises is located at 41 FRIENDSHIP LANE, Assessor ' s Map 56 , Parcel 356, Land Court Plan 35397-G, Lot 59. The property is zoned Residential-2 . Michael J . 6-17a , Chairman THIS NOTICE iS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228-7215 . BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS MAYS 1496 TOWN AND COUNTY BUILDING NANTUCKET, ,MA 02554 .1 CASE No. - 7PPLICATION FOR RELIEF i Owner's name(s) : Elisabeth Hitchcock Mailing address: 41 Friendship Lane, Nantucket. MA 02554 Applicant's name:- same Mailing address: Game Location. of lot: Assessor's map and parcel number 56 - '156 I Street ;address: 41 Friendship lane Registry Land Ct Plan, Plan Bk & Pg or Plan File 35397-G Lot 59 i. Date+loti acquired: 3 / 15/ 96 Deed Ref 17,247 Zoning district g_7 • Uses 1on ijlot - commercial: None x or MCD? - number of: dwellings_2 duplex apartments___ ;rental rooms I Building date(s) : all pre-8/72? or C of.. 0? X * c/o oh house, second dw ;ring under construction Building Permit .appl'n. Nos. 1 Case NoS. all BoA applications, lawsuits: hone State ftilly all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present i and What 9 rounds yyou'', urge for BoA to make each finding per Section 1 139-32AI if Variance, 139-30A if a Special Permit (and 139-33A if to aalter or extend a nonconforming use) . If appeal per 139-3A &B � ) attach decision or order appealed. OK to attach addendum z. RECEIVED i'; !ii . �I: TOWN CLERK'S OFFICE •See as „Gum attached 4reto. 1; NANT! 1r;KFT, VIA 02554 �l ,I'1 l MAY 2 2 1996 i ;I f :' Twit:. di �� CLERK: I +i' it r 11 i; Items enclosed as part of this Application: order- addendum2 x Locus map Site plan x showing present x '' +planned structures Floor plans present proposed_IelevatiRns (HDC approved?_) Listings lot area x frontage___X setbacks, GCR_x-i parking data__ Assessor-certified addressee list 4 sets ma _ jling'labels 2 'sets $200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to send-Bldg s record tofBoA. ) 5 I certify that the requested information submitted is substantially complete and true to the best of my, knowledge, underjthe pains,and penalties of perj y. .1 t SIGNATURE: .- ,/ P� _jpe_Applicant. _ Attorney/agent x 3(If no or owner's attorney, enclose proof of authority) it FOR BoA OFFICE USE r j Application copies reed: 4 �r for BoA on � LJ(SS!by__ _ One copy filed with Town Clerk on(c/«�f S1by complete One copy each to Planning Bd and Building c / b y __ -b$200 fee check given Town Treasurer on J / y , aived? w q/ sl'� Hearing, notice posted17 / ailed, P/?I & MS / /CP �A Hearing(s) on cont'd to s withdrawn? Decision due by / /_ made__/ / filed TC / / mailed 7 /_ See :related cases lawsuits other N 1 ADDENDUM Applicant is seeking relief by Special Permit under Section 139-30A pursuant to Section 139-16C(1) to reduce the required side yard set back from ten (10') feet to five (5') feet along a portion of the southerly lot line to cure a set back violation of an existing deck. In the alternative, the Applicant is seeking relief under Section 139-16C(2) to validate an unintentional intrusion in a side yard set back. The Applicant has received a certificate of occupancy for the existing single family dwelling but will be unable to obtain a certificate of occupancy for the second dwelling which is under construction unless the deck set back violation is cured. The property is located at 41 Friendship Lane, Assessor's Map 56, Parcel 356 and is zoned Residential-2. BOALTR WPS BoA Form NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING • NANTUCRET, MA 02554 • ASSESSOR'S LIST OF PARTIES IN INTEREST • • PROPERTY ..OWNER: k S/i2. �t 64 / i /c Cac APPLICANT FOR RELIEF (SAME? ,k/ ) : • ADDRESS- OF PROPERTY: 7/ f-/7P/7dS34//f5 /2e ASSESSOR'S MAP - PARCEL: J� - 35-1 * LIST OF PARTIES INCLUDING ADDRESSES* (OR SEE ATTACHED ) : • • • • • • • • • • 1 . " 1 certify-that the foregoing (or the attached ) lists all •tiersons., : natural or legal, who are owners ofabuttng property, owners_ of' land directly opposite on an y public • or privatestreet 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) ] . Q /996 . . ..• L. Da ; As- - s "or STown of Nantuc et • *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. 05/06/96 TOWN OF NANTUCKET PAGE 1 10:23:03' OWNER'S MAILING ADDRESS LIST MUAS750 8.3 Map Block Lot Owner's/Co—Owner's Name Mailing Address/City State Zip Property Location 0056 0163 BARRETT CHESTER S JR 0021 SOMERSET RD 0021 SOMERSET RD NANTUCKET MA 02554 0056 0167 DENNIS JAMES R 0060 MEADOW VIEW DR 0060 MEADOW VIEW DR NANTUCKET MA 02554 0056 0303 MCDEVITT MARIANNE PO BOX 384 0020 SOMERSET RD NANTUCKET MA 02554 0056 0104 GIFFIN THOMAS H C & FLORENCE M BOX 483 0014 SOMERSET RD NANTUCKET MA 02554 0056 0105 PROSPECT HILL CEMETERY ASSN 0000 SOMERSET RD 0024 SOMERSET RD NANTUCKET MA 02554 0056 0040 LEWIS RICHARD E JR & SYLVIA I PO BOX 301 0037 CATO LN NANTUCKET MA 02554 0056 0041 TRIMPI MICHAEL L PO BOX 315 0041 CATO LN CANAAN NH 03741 0056 0355 MCGARVEY MARK PO BOX 2159 0039 FRIENDSHIP LN NANTUCKET MA 02584 0056 0354 WILSON LESLIE R & DEBORAH L 0037 FRIENSHIP LN 0037 FRIENDSHIP LN NANTUCKET MA 02554 0056 0353 HOLDGATE CHRISTOPHER & DEBORAH PO BOX 1004 0035 FRIENDSHIP LN NANTUCKET MA 02554 0056 0352 HAYES CONSTANCE B 0101 ALTAMONT AVE 0033 FRIENDSHIP LW MELROSE MA 02176 0056 0351 ROGERS KEVIN M & VALERIE H 0031 FRIENDSHIP LW 0031 FRIENDSHIP LN PO BOX 2961 NANTUCKET MA 02584 0056 0335 DRAGON CHARLES A & SUSAN S PO BOX 904 0032 FRIENDSHIP LN NANTUCKET MA 02554 0056 0334 MARSH GREGORY H & KAREN L 34 FRIENDSHIP LANE 0034 FRIENDSHIP LN NANTUCKET MA 02554 0056 0333 SEITZ ROGER L 0036 FRIENDSHIP LW 0036 FRIENDSHIP LN NANTUCKET MA 02554 0056 0332 HAYES CONSTANCE B 0101 ALTAMONT AVE 0038 FRIENDSHIP LN MELROSE MA 02176 0056 0331 *VOGEL ROBERT PO BOX 204 0040 FRIENDSHIP LN NANTUCKET MA 02554 0056 0330 MCGARVEY KEVIN M & TANYA 0042 FRIENDSHIP LN 0042 FRIENDSHIP LN NANTUCKET MA 02554 0056 01695 BUTLER CHARLES S PO BOX 1243 0063 MEADOW VIEW DR NANTUCKET MA 02554 0056 01696 SANGREE WALTER H & ILSE M PO BOX 1290 0065 MEADOW VIEW DR NANTUCKET MA 02554 0056 01691 ANDERSON EDWARD B & GRETCHEN F 0031 SOMERSET RD 0031 SOMERSET RD NANTUCKET MA 02554 0056 0164 THURSTON CYNTHIA 0911 S 17 ST 0008 PINKHAM CIR ARLINGTON VA 22202 NUMBER OF RECORDS = 22