The URL can be used to link to this page

Home My WebLink About024-04 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: 1Y7~ 17 , 20 OCf To: Parties in Interest and, Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Owner/Applicant: ()~ If-o t.{ !nor! C. war~h Application No.: Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket ~own 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. ~o~~~k~~~ 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 Y139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS One East Chestnut Street Nantucket, Massachusetts 02554 Assessor's Map 56, Parcel 304 19 Burnt Swamp Lane Residential-2 No record plan Deed, Book 191, Page 274 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, April 2, 2004, at 1:00 P.M., in the Conference Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of MARY C. WALSH, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 024-04: 2. The Applicant is seeking relief by VARIANCE from the provisions of Nantucket Zoning By-law ~139-16.A (Intensity Regulations - Setbacks). The Applicant requests that the Board of Appeals validate the siting of an existing addition to the rear of the single-family dwelling upon the locus. The addition was constructed pursuant to Building Permit No. 926-99, which was validly issued by the Nantucket Building Department, and is sited at its closest point at zero setback from the westerly side lot line; the minimum side yard setback in this Residential-2 zoning district is ten feet. The locus, and the structures thereon, comply with all other dimensional zoning requirements. The locus is situated at 19 BURNT SWAMP LANE, Assessor's Map 56, Parcel 304, is not shown on any plan of record, is described in deed recorded with Nantucket Deeds in Book 191, Page 274, and is situated in a Residential-2 zoning district. 3. Our decision is based upon the application and accompanying materials, and representations and testimony recei ved at our public hearing. There was no Planning Board recommendation on the basis that the application presented no matters of planning concern. At the public hearing, in addition to the presentation by the Applicant and her representatives, there was a letter in support from the Nantucket Land Bank Commission, and one abutter was present and spoke in favor; no opposition was presented. 4. As represented by the Applicant, the locus is a lot containing about 102,378 square feet of area, in a zoning district in which the minimum lot size is 20,000 square feet. The Applicant and her late husband, Charles L. Walsh, purchased the locus in May 1982, and proceeded to construct the single- family dwelling thereon later in 1982, pursuant to Building Permit No. 2490-82; a Certificate of Occupancy has been issued for that work. In 1999, the Applicant and her husband proceeded to obtain Building Permit No. 926-99, for the construction of an addition, including a new deck and porch. Mr. Walsh acted as his own general contractor for this work, which was completed several years ago. After Mr. Walsh's death, the Applicant obtained plot plan #6118BOA1 from John J. Shugrue, Inc., dated March 24, 2004, a reduced copy of which is attached hereto as Exhibit A, in order to file with the Building Department to request a Certificate of Occupancy. This plot plan showed that portions of the porch, deck and enclosed addition extended into the side yard setback of ten feet from the westerly lot line, with the deck having a zero- foot setback, the porch having a setback of about 4.93 feet at the closest point, and the enclosed addition having a setback of about 8.81 feet at the closest point, from the same lot line. Apparently, Mr. Walsh had relied upon, and misread, a survey plan prepared by a licensed Professional Engineer in 1982 for the on- si te septic system, which showed the proposed house location farther away from the lot line than it was later constructed. After the error was made known, the Applicant contacted the westerly abutter, the Nantucket Islands Land Bank, in order to determine whether it would be possible for her to exchange a small piece of land for a strip which would cure the nonconformity; although Mr. and Mrs. Walsh had financially assisted the Land Bank in acquiring that property, the statutory and constitutional constraints under which the Land Bank's property is protected precluded the Land Bank from considering the Applicant's request. However, the Land Bank Director wrote a letter to the Board of Appeals in support of the zoning Variance to the extent of the porch up to 4.93 feet from the lot line. Accordingly, the Applicant filed the Variance application in this case. 5. At the public hearing, counsel newly appearing for the Applicant noted that, except for the deck, Variance relief would not be necessary in order to validate the present siting of the structure, because Nantucket Zoning By-law ~139-16.C(1) provides that the Board of Appeals may grant a Special Permit to reduce the ten-foot side and rear setback distance in the Residential-2 zoning district from ten feet to five feet, and ~139-16.C (2) empowers the Board of Appeals to grant a Special Permit to validate unintentional setback intrusions not greater than five feet into a required yard and not closer than four feet from a lot line, if it finds that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion, and if the intrusion was created after 1990, the siting of the structure was reasonably based upon a licensed survey. Accordingly, the Applicant requested that the application be considered as a request for Special Permit relief rather than a Variance, with no change in the nature of the nonconformity to be approved. After discussion with the Board, the Applicant requested that the Board of Appeals permit her to withdrew the request for Variance relief without prejudice, as it would have been necessary to validate the entire deck, extending closer than 2 four feet to the westerly lot line, and this request was unanimously granted. 6. Considering this application as one for Special Permit relief under the two cited clauses of ~139-16.C, the Board of Appeals, by UNANIMOUS vote, made the finding that the burden of correcting the intrusions (except for the portion of the deck lying closer than the closest point of the porch to the westerly lot line) would substantially outweigh any benefit to an abutter from eliminating them, particularly in the light of the letter of support from the Land Bank, and that the granting of the requested relief would be in harmony with the general purpose and intent of the Zoning By-law, subject to the conditions hereinafter set forth. Accordingly, by UNANIMOUS vote, the Board of Appeals GRANTS the requested relief by SPECIAL PERMIT under Zoning By-law ~139-16.C (1), for reduction of the minimum side yard setback from the westerly lot line from ten feet to five feet, and under Zoning By-law ~139-16.C(2), to validate the siting of the existing structure within the five-foot westerly side yard setback area but not closer than four feet to the lot line, subject to the following conditions: (a) All portions of the deck which lie closer than about 4.93 feet (the closest point of the porch) to the westerly lot line shall be removed, as shown upon a new plot plan #6118BOA2 by John J., Shugrue, Inc., dated March 24, 2004, a reduced copy of which is attached hereto as Exhibit B; (b) The relief hereby granted validates the remaining portion of the existing improvements only, and any future construction shall maintain all required setbacks, including the ten-foot setback from the westerly lot line. Dated: May~, 2004 :,e,] .....-~ .' ~:.. 3: -< ...... -.J r Edward C. Murphy:. a a (.j U1 3 NORTH - :~ . Q:;t c::- /O < --{ V? Z ]::. ~ L1 r- ]::. < f77 296.65' $06023'05'( THE STRUCTURES ARE lOCATED AS SHOVN ASSESSORS MAP 56 m~ NOO'15' 46'E 94.36' ------- LOT 102,378 SF. 2.4 Ac. Vl en ~ ru . ~ .j>. o ':! ~ B f'2 , f'l Vl en ~ - . o W ~ en Ul Ul rl ZONING, R 2 MINIMUM lOT SIZE, 20,000 S.F. MINIMUM FRONTAGE' 75 FT FRONT YARD SETBACK: 30 FT REAR &. SIDE SETBACK. 10 FT GROUND COVER RATIO: 12.5% PLOT PLAN OF LAND IN NANTUCKET, MA SCALE. 1'= 50' DATE'MARCH 24, 2004 JOHN J. SHUGRUE, INC. 57 OLD SOUTH ROAD NANTUCKET, MA 02554 FOR'MARY VAlSH , PARCEL NO. 304 #6118BOAl NORTH - ~o.~~g Q:;t c::- /O < -f V:l Z ::I> ~ L1 r- ]::. < f77 296.65' S06023'05'( THE STRUCTURES ARE LOCATED AS SHOVN ASSESSORS MAP 56 ~~.8 line NOO.15'46'E 94.36' LOT 102,378 S.F. 2.4 Ac. ------- Vl en ~ ru 0 ~ .j>. o -...j ;- ci ~ ~ f'l (I) ro ~ ..- . o W ~ CX? t!! Ui . M ZONING: R-2 MINIMUM LOT SIZE' 20,000 S.F. MINIMUM FRONTAGE: 75 FT FRONT YARD SETBACK' 30 FT REAR 8. SIDE SETBACK: 10 FT GROUND COVER RA TlOa 12.5% PLOT PLAN OF LAND IN NANTUCKET, MA SCALE: 1'= 50' DA TEl MARCH 24, 2004 JOHN J. SHUGRUE, INC. 57 OLD SOUTH ROAD NANTUCKET, MA 02554 FORI MARY VALSH REVISED: APRIL 2, 2004 PARCEL NO. 304 #6118BOA2 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 PoM., FRIDAY, APRIL 2, 2004 in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application ofthe following: MARY C. WALSH BOARD OF APPEALS FILE NO. 024-04 Applicant is seeking a relief by V ARIANCE under Nantucket Zoning By-law Section 139-16A (Intensity Regulations - setbacks). Applicant is asking the Board to validate the siting of an existing noncomplying addition that was constructed onto the rear of the single-family dwelling pursuant to validly issued Building Permit No. 926-99, and sited as close as about zero feet in a district that requires a minimum side yard setback distance of ten feet. The Locus complies with all other dimensional zoning requirements. The Premises is located at 19 BURNT SWAMP LANE, Assessor's Map 56, Parcel 304, no plan on file, Registry Deed Ref. Book 191, Page 274. The property is zoned Residential-2. I /\ _' rv y- ,< THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE NO. () LY- -() ~ FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Mary C. Walsh Mailing address: 19 Burnt Swamp Lane, Nantucket MA 02554 Applicant's name(s):_Mary C. Walsh Mailing address: 19 Burnt Swamp Lane, Nantucket, MA 02554 Locus address: 19 Burnt Swamp Lane Assessor's Map/Parcel:_56 - 304 Land Court Plan/Plan Book & Page/Plan File No.: eJr\d,~ OJ)') (JV\f'f! (" Cf)cQ Lot No.: J Date lot acquired:_5_/21/1982Deed Ref.lCert. of Title: Book 191, Page 274 Zoning District:_R-2 Uses on Lot - Commercial: None_X_ Yes (describe) Residential: Number of dwellings_ Duplex_ Apartments_Rental Rooms Building Date(s): All pre-date 7/72? or C of O(s)? 2490-99 - - Building Permit Nos:_926-99 Addition - Permit is not closed out Previous Zoning Board Application Nos.:_N/A State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: " d .t.:>. S't\. ?"\:l\)"=.'(\J\)v,,f"--.... ,. ~ ::s:: = ::;0 ...... 0'\ -0 \0 I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: e. Applicant Attorney/Agent (If not owner or owner's att ney, please enclose proo of agency to bring this matter before the Board) '~y I FOR ~B{\ qFFICE USE -- Application received on0 / 5 ~By: Z/jlA.JJ Complete: ~ Need copies?: Filed with Town Clerk~;/(Q/CJ<jplanning Bo~rd&/~/_ Building nP.pt :_.'y..~:([?JJJ Fee deposited with Town TreasnrerQ;~.cJ<I By: ~aiver reqn~sted?~ Granted:~~_ . Hearing notice posted with Town Clerk:;.;~J(0 0'1 Mailed:3.;12/0clI&M:,iSj/Prl5:/ & 2?S/d r Hearing(s) held on:~_/_ Opened on:~~_ Continued to:_/_/_ Withdrawn?:_/_/_ DECISION DUE BY:_/_/_ Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_ DECISION APPEALED?: / / SUPERIOR COURT: --- LAND COURT Form 4/03/03 Addendum "A" Applicant seeks a variance pursuant to Chapter 139-32. The requested variance is from the intensity regulations set out in Chapter 139, S 16, specifically, the side yard setback requirement. The side yard setback requirement in the R-2 Zoning District is ten (10) feet, and Applicant seeks a variance which would reduce this setback requirement down to zero (0) feet. Applicant constructed an addition to her single-family dwelling pursuant to Building Permit No. 926-99, and the addition was erroneously constructed within the side yard setback as shown on the attached plan. While Applicant's lot contains 102,378, square feet, a large portion of the lot is covered by wetlands which necessitated building the house at the extreme westerly end of the property. It is this characteristic of the lot which Applicant believes justifies the granting of variance relief by the Board of Appeals. /'tlO"21'24'''' 120.915' .1" ~ NOQ'I15'46't 9436' NORTH - O Ro.rkjng spo.ce ~. " Q:1 ~ Z -I V,) } ~ rg ~ ;.. ci N - , '" r- 1> ~ LOT 10ll.378 sr. 2.4 Ie. - ~ ::: III ... ' c.o - , ~ ... ~. S06'2T05't ZONING: R-2 MINIMUM LOT SIZE: 20,000 S.F. MINIMUM FRONT AGE: 75 FT FRONT YARD SETBACK: 30 FT REAR S. SIDE SETBACK: 10 FT GROUND COVER RA TID: 12.5% PLOT PLAN OF LAND IN NANTUCKET, MA \"(--s: \:)(\.\::>\)~ I .. RECEIVED BOARD OF ASSESSORS MAR 0 3 2004 J OWN OF LnNrUCKET. MA 'J- '"'7- 'S - 0 \. '\ \ Town of Nantucket -If (3. ~1)o' ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF PROPERTY O'tll'jER......... ~i~' .<;;-.<1...... \.:.... .~. .~.:-.~ ,\~.................. . \ '\ " '" Q \'(1,\ ~ \,AJ r-, ~t L-~ MAILING ADDRESS..........................,....................................,....... , \<\, o.lA.R"->\ ~""'-'F1MV "-IV PROPERTY LOCATION. ,.... '..... .... ,.... ............ ........' ............ "'''' ,...... , . ;; S'-. \ "/,0'-\ ASSESSORS MAPIPARCEL:....,.......,......,..,...........,....,.,.,...,..........".. APPLlCANT..,....,...,.,.~. :::~6"""'<::"""'" .~.~>~.:~....,..,....,..,... SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners of land direct I,. opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the, property lirie of owner's property, all as they appear on the most recent applicable tax list CM,G.L. c. 40A, Section 11 Zoning Code Chapter 139. Section 139-29D (2) . ,~..~....~.qP'.':I /J.. ()~ .~.,.,.:.,.,. DATE' ASSESSOR'S OFFICE Town of Nantucket . 0> 3: 5l'l:9 :9:9 ~~ ~ ~~~n ~UU~I~UIP ~U51~~51~)!~na .... ~ 0 ~ ~ ~ M ~ ~ M ~ .-I .., ...-I M N ~ .., ('oj ~ N ~ ~ .., ~ N .",........N...,.,........... ~ ~ ~ N ~ ~ ~ ~ 0 0 ~ m w ~ It) It) It) fI'l 0 It) It) III .-l .... It) It) It) .... NN(\/....I.ONNN..-l....NNN ~ 0000'10000........000 l; Sl Sl Sl tj. ~ Sl Sl Sl t; t; Sl Sl Sl --------------- E-i E-i E-I ~ ~ E-t Eo! Eo! C>:1 r>:1 E-I fi Eot BBp..SBB~~BBB & uil!uuun . j t!l ~~ <II H - ...:IE-< gJB ~~ ; " ,~ .; ~ :9 ~pti i z ['j a rl E-l E; t; M .-I It) ~12 :aQUJ~fI}i!i~~~ !II fI'lfl'lt:~2~N9~~....NN III HH~Otr.l He ~~>< Gl g21Qu;~ !i1m~~iiiiiig -M OQO",r-NONCO(l)OOO ~ R.I1oNOl"'N~NI'lI"l~I1lPl g PI ~ t ~ n ... aU 0 0 ~ =n <.> ~ ~ '" .. ~ i i L.::i PI PI pl:1 r tl tl ~ ~ ~ ~ !: ~ ~ ~ ill g ~ In o tl tl ~ <.> ~ ~ <.> ..., Pli~m~ ~m II ~~~~~ ~~~ ~ ~ ~ : ~ ~ I ~ 0 ~ ~ i ~ nll~p Hn a a :!a~UlQ~~~gg6~:3 :zoo a~"E-lHftll)o)PHIIil ~ U~PlU5~Ui5~ ~ :i:gt!~~~=:at)Gtl~Pt ~ '" ~ . .jJ CD ~ .-I N .., It) ID 01 0 .... r-4 N o N N P') fI'l fI'l fI'l 1"1 M ... .., ... .. H NNNNNNNNNNNNN ~ _II lD \Q \CI \C ID ID \D ID lD ID \D ID lD Z It) It) I/') It) It) It) It) 111 It) It) It) It) It)