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Home My WebLink About055-04 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 d of:>. Date: ~~~~ -%> Yvm htA-10 ' 20 rtfl-l -" w - ,-I To: Parties in Interest and. Others concerned with the ~~ Decision of the BOARD OF APPEALS in the Application of th~ following: ~ Application No.: ds-r-o t-/ ~S'etp~ L L tU.e.lI__c: Q ncO We fLs: Owner/Applicant: Crt 'kG A- L 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~~.~ cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND V^RIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING" TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-321 (VARIANCES) I 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 49, Parcel 113 8 Isobe1's Way, Siasconset Limited Use General-3 Plan File 12-F Lot 2 Deed, Book 198, Page 342 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, August 13, 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 JOSEPH L. WELLS and ERIKA A. WELLS, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 055-04: 2. The Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law ~139-16.C(2), to validate setback intrusion not greater than five feet into a required yard and not closer than four feet from a lot line. Specifically, the Applicants seek validation of the siting of a garage structure, built in 2000, which is sited as close as about 34.27 feet from the front yard lot line along Isobel' s Way, in a district in which minimum required front yard setback is 35 feet. The Locus is situated at 8 ISOBEL' SWAY, SIASCONSET, Assessor's Map 49, Parcel 113, is shown upon plan recorded with Nantucket Deeds in Plan File 12-F as Lot 2, and is situated in a Limited-Use- General-3 zoning district. 3. Our Decision is based upon the Application and accompanying materials, including an affidavit from the builder of the garage structure, and representations and testimony recei ved at our public hearing. The Planning Board made no recommendation, finding no matter of planning concern. Except for the presentation by the Applicants' representatives, there was no support nor opposition presented at the public hearing, neither in person nor by correspondence. 4. As presented by the Applicants' representatives and as set forth in the builder's affidavit, the builder sited the garage on the basis of a plot plan prepared by John J. Shugrue, a Registered Professional Land Surveyor, dated November 10, 1999, a reduced copy of which is attached hereto as Exhibit A, which showed that the distance between two virtually parallel lines, 1 which form the northerly and southerly boundary lines of the easterly portion of the Locus, where the garage was built, was 85.00 feet. On the basis of this, the builder established a building location which, based upon its distance from the southerly lot line and the dimensions of the building, would result in a front yard setback from Isobel' s Way of about 36 feet, allowing one foot more than the required 35-foot front yard setback. After the garage was built and several years had passed, the Applicants requested final sign-off from the Building Department for the garage. At that time, a new plan was prepared by the same surveyor, dated June 23, 2004, a reduced copy of which is attached hereto as Exhibit B. This plan showed the distance between the northerly and southerly lot lines of the easterly portion of the Locus as 83.13 feet, and the front yard setback of the garage from Isobel' s Way as 34.27 feet at the closest point. Apparently, the surveyor had originally overlooked a small jog in the line of Isobel's Way at the easterly boundary of the Locus; the record plan shows the easterly boundary of the Locus as 83.13 feet, while the adjacent westerly line of the adjacent parcel is shown as 85.00 feet. 5. Members of the Board of Appeals questioned the status of the shed as shown upon Exhibits A and B, which lies 23.36 feet from Isobel's Way. However, there is a 900 bend in Isobel's Way, and when the shed was constructed in 1990 pursuant to Building Permit No. 7351-90, it may have been considered that this shed needed only to meet the side yard setback requirement of 20 feet. In any event, the Building Inspector signed off the final inspection upon the building permit on May 14, 1990, and therefore the shed is protected against enforcement by M.G.L., c. 40A, ~7, and similar provisions of the By-law; and the issue of the shed is not before the Board of Appeals in this Application. 6. Applicants stated that the facts in this case fall squarely within the provisions of Zoning By-law ~139-16.C(2); the intrusion into the front yard setback is about 0.73 feet and the remaining setback is about 34.27 feet, so the prerequisites for Special Permit relief, that the intrusion be of less than five feet and not closer than four feet to a lot line, are easily met. Several members of the Board of Appeals expressed concern with ratifying the surveyor's error, but under the circumstances of the de minimis intrusion in this case, the Board, by UNANIMOUS vote, made the finding that the intrusion was unintentional, caused by reasonable reliance upon a licensed survey, and that any benefit to neighbors (none of whom interposed any objection to the granting of relief) from physical correction of the existing location of the structure would be outweighed by the expense of moving the structure, and accordingly, also by UNANIMOUS vote, GRANTED relief by Special Permit under ~139- 2 16.C (2), to ratify the siting of the existing garage as shown upon Exhibit B; subject to the condition that there shall be no expansion of the garage without further relief from the Board of Appeals. Dated: sePtember~, 2004 F,\WpU-Z\Wells\Joseph\ZBA DEe 055-04.doc i\A,..../ u,~ Mi 3 z w OJo \I). .. 0 00/ (J\ -~ ~ ci ~.,)).l . ~ ~O'~~ 1'1 '00, , LOT 2 129,056 S.F. 3.0 Ac. lI) (]) ~ ~ \I) ro N 0 ~ ~ ;. . .~~'~.~'.. PARKING-c=J SHED 167 S.t.__ \0. M. M' ru: 60.00' SOO' 54'00'[ lI) OJ _ .J) o .J) 0 ~ (J\ ~ g ;. NOO' 39'53'\1 85.00' THE STRUCTURES ARE LOCATED AS SHO~N ASSESSORS MAP 49 NORTH - \, t-< CI) o td (T'\ r CI) ~ J> -< 4'l (X) ~ ~ (:) (J\ q g < ~~ ~.~~ // t1I vqf ZONINGI lUG-3 MINIMUM LOT SIZE.120,OOO S.F. MINIMUM FRONTAGEI200 FT FRONT YARD SETBACK135 FT REAR ~ SIDE SETBACKI20 FT GROUND COVER RA Tm 31. PLOT PLAN OF LAND IN NANTUCKET, MA SCALE. 1'= 50' DA TEl NOVEMBER 10, 1999 JOHN J. SHUGRUE, INC. 57 OLD SOUTH ROAD NANTUCKET, MA 02554 FORI JOSEPH L. \o/EllS PARCEL NO. 113 JOB NO. 4703-ABS ---- LOT 2 129,056 S.F. 3.0 Ac. CIl (X) :g ~ \D ro iu C) ~ ~ ,;. SHED 167 S.t.__ ~ ~, M' M: N: . ~~,1;i.. :1 ., ?~:~? .. P2~rJl '25.9'0' . , . '3'4.58' . . GARAGE 319 s.r. . 60.00' SOO.54'00'[ 4'l (X) o ~ \I) C) ~ (J\ ~ g < NOO' 39'53'\1 83.13' THE STRUCTURES ARE LOCATED AS SHO~N NORTH - z CD \D . C) (J\ o C> r1 t-< (/) o OJ I'l r (/) ~ J> -< ,.~~.~~'... lI) CD (J\ \D ~ C) (:) (J\ q g < 4-, :-,' ~~ r; ~. // f/; "v;;f ZONING: lUG-3 MINIMUM lOT SIZE'120,OOO S.F. MINIMUM FRONTAGE:200 FT FRONT YARD SETBACK:35 FT REAR ~ SIDE SETBACK'20 FT GROUND COVER RA TID: 31. PLOT PLAN OF lAND IN NANTUCKET, MA SCALE' 1'= 50' DA TE: JUNE 23, 2004 JOHN J. SHUGRUE, INC. 57 OLD SOUTH ROAD NANTUCKET, MA 02554 FOR: JOSEPH L. ~EllS ~~ J~ N . SHU UE PlS DATE: JUNE 23,2004 ASSESSORS MAP 49 PARCEL NO. 113 JOB NO. 4703ABS3 -------- TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 d ~ C- 1= r- NOTICE N 0\ -0 A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS:ivm be held at 1:00 P.M., FRIDAY, AUGUST 13,2004, IN THE CONFERENCE ~ ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: JOSEPH L. WELLS AND ERIKA A. WELLS BOARD OF APPEALS FILE NO. 055~04 Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-16C(2) to validate a said to be unintentional setback intrusion not greater than five feet into a required yard and no closer than four feet from a lot line. Applicants are seeking a validation of the siting of a garage structure, built in 2000, which is sited as close as about 34.27 feet from the front yard lot line along Isobel's Way, in a district that requires a minimum front yard setback of35 feet. The Premises is located at 8 ISOBEL'S WAY, SIASCONSET, Assessor's Map 49, Parcel 113, Plan File 12-F, Lot 2. The property is zoned Limited-Use-General-3. /!A~ 2J ~~ Nancy J. Sevrens, harrman TillS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. ~ft;. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 CASE NoQj~-04 FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Mailing address: Applicant's name(s): Mailing address: Locus address: Joseph L. Wells and Erika A. Wells c/o Reade, Gullicksen, Hanley & Gifford, LLP Same 6 Youn~'s Way, Post Office Box 2669, Nantucket, Massachusetts 02584 Land Court Plan/Plan Book & Page/Plan File No.: 12-F Assessor's Map/Parcel: Lot No.: 49-113 2 8 Isobel's Way, Siasconset Date lot acquired: 3/14/83 Deed Ref.lCert. of Title: Zoning District: LUG-3 Uses on Lot - Commercial: None~ Yes (describe) Residential: Number of dwellings~ Duplex_ Apartments_Rental Rooms Building Date(s): All pre-date 7/72? No or See below Building Permit Nos: 3092-83; 7351-90; 12606-95; 1032-98; 1187-00 Previous Zoning Board Application Nos.: 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: C of O(s)? See below See attached addendum. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the ns and penaltie of perjury. SIGNATURE: Applicant Attorney/Agent X (If not owner or wner's attorney, please enclose proof 0 agency to bring this mat r before the Board) /t' j FOR ZBA 0 F CE USE Application received on::1Jlv.q By: Complete: ~\ Filed with Town Clerk:-=z.;.?Ct _ Ianni. Ul mg Dept.: / : t1 CW Fee deposited with Town Treasurer:L./]f2.1r2!LBy: aiver requested?:_Granted:-'_/_ Hearing notice posted with Town ClerkL/Gtf OYMailed:p? /0 c{l&M:2.../29tqy & ~J ~ 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 The applicants constructed a single-family dwelling in 1983; a storage shed in 1990; additions to the dwelling in 1995 and 1998; and a garage in 2000. When the garage was constructed, the builder sited it on the basis of a survey plan by a Registered Professional Land Surveyor dated November 10, 1999, which showed the easterly boundary of the locus, and thus the depth of the portion of the locus where the garage was to be constructed, as 83.13 feet. Relying upon this survey, the builder intended that the front yard setback from Isobel's Way be 36 feet, as shown upon the building permit application. After the garage was built, the same surveyor produced an as-built plan dated June 23, 2004, which showed the setback from Isobel's Way to be 34.27 feet at the closest point, and the correct easterly boundary of the lot to be 83.13 feet. The discrepancy in this boundary almost exactly accounts for the difference between the actual and planned front yard setback. Minimum front yard setback in this Limi ted Use General- 3 district is 35 feet. Accordingly, the applicants seek relief by Special Permit under Nantucket Zoning By-law ~139-16.C(2), to validate this unintentional setback intrusion not greater than five feet into a required yard and not closer than four feet from a lot line. F:\wpU-Z\Wells\Joseph\ZBA APP,doc ;) () If 11 J./. HdL. LfJ.1J () AFFIDAVIT OF in 1. I, JOHN N. HOLLAND, residing at 10 Old Birch Road, Hartland, Vermont, depose and say: 1. I am a licensed building contractor in the Commonwealth of Massachusetts, No. 000085, and have been so licensed for more than twenty years. 2. I was the general contractor for the construction of a garage at the property of Joseph L. Wells situated at 8 Isobel's Way, Siasconset, Nantucket, Massachusetts, pursuant to Building Permit No. 1187-00 issued by the Nantucket Building Department on November 3, 2000. 3. I was responsible for the siting of the garage upon the Wells property pursuant to Building Permit No. 1187-00. In connection therewith, I obtained and relied upon a plot plan prepared by John J. Shugrue, Inc., and stamped and signed by John J. Shugrue as Professional Land Surveyor, dated November 10, 1999, which showed the distance between the northerly and southerly boundaries of the easterly portion of the Wells property, in which the garage was to be constructed, as 85.00 feet. Using the dimensions upon the 1999 Shugrue survey plan, I sited the garage at a point where it would be about 36 feet from Isobel's Way. I was mindful that a front yard setback of 35 feet was required in this zoning district, and allowed for one foot of extra setback in my siting of the structure. 4. After completion of the garage, I obtained a plot plan from Mr. Shugrue, dated June 23, 2004, showing that the garage was situated 34.27 feet at its closest point from Isobel's Way, and that the distance between the northerly and southerly boundaries of the relevant portion of the Wells property was 83.13 feet, not 85.00 feet as previously shown. Apparently Mr. Shugrue had previously overlooked record survey information which showed a jog in the line of, Isobel' sWay. This discrepancy of 1.87 feet almost precisely accounts for the difference of 1.73 feet between the setback of 36 feet which I planned using the 1999 Shugrue plan and the actual setback of 34.27 feet as shown upon the 2004 Shugrue plan. Executed and sealed on June 2~ , 2004. g~iftf}J COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. June Then personally appeared the above-named John N. and made oath that the statements contained in the affidavit were true, before me, 2~ , 2004 Holland, foregoing Notary Public Printed name: My commission expires: F:\WpU-Z\Wells\Joseph\Holland affidavit.doc i; 5'(}O Town of Nantucket RECEIVED BOARD OF ASSESSORS JUN 1 7 2004 TOWN OF NANTUCKET, MA ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MAITER OF THE PETITION OF PROPERTY. OWNER..... .~.o~ph. .W:e.-.l.\.s............................" MAILING ADDRESS.............................. .i....................................... PROPERTY UiCA TION.. ,~,..,Xs.o .b.,~.b.. ,~. '1.5.\,QSCO 11 ~ A.SSESSORS MAPIPARCEL...... ..Lf. .9. ~.. U.~.................. .................. APPLICANT\<. ~e.t..0.0.\\ ;..~.Ct\'I' .H-M.I~, ... kG.! '$ rei J LGf SEE AITACHED PAGES I certify that the foregoing is a list of persons 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 landJ)wners within 300 feet of the property line of owner's property, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139. . Section 139-29D (2) . ~j~..c?~qY DATE' . /).. /J ~ r~...t!...:.. ASSESSOR'S OFFICE Town of Nantucket I~ 0 .... .. .. .... '" .. .. .. '" '" '" '" .... r- '" '" '" 0. on 0 on on on .... 0 on on on .~ '" '" 0 '" '" '" r- '" '" '" " . " 0 0 .... 0 0 '" 0 0 0 0 " .. ~ ~ ~ ~ ~ ~ ., ~ ~ ~ '" '" :z: '" ~ .. H '" .. .. .. > .., .. .. .. ~ ~ .. '" .., .. .. .. '" '" 0 H ~ '" '" /!j /!j H .. /!j /!j ...0 ~ 0 0: .. 0 0 ~ 0 0 0 ~ '" ~ ~ 3 '" 3 '" '" -< -< 0 -< -< .~ H H [;l .. H H 0 '" Q .. '" '" '" '" '" '" '" m m G " ~ " " .~ .... .~ " :0: .. .. pi '" .. .. : EI~E . ~ Q Cf.I ~ ".. .. ~ 2 t!l Z ~~ (J) H HE-< ~S [ilP E-<E-< !::~ lIlZ ~ ; :z: m I " G ~ o o s ~ o .. H .. .. 8 ~ ; ~q :z: tl tJ m .. ~ ~ ~ e ~ ~ c5 '" .. r- '" .... '" '" .. .. a .. ~~Ii!g:g:g: ~.. "'~ ~ '" '" '" ~ -, ~ 2 2 2on~:::222 I!j :0: ~ ~ /!j .. ~ ~ ~ ~ H ..: g .. o :z: H o 0 :z: :z: H H .. .. ~ ~ " 0 Ii! Ii! Ii! Ii! Ii! Ii! Ii! ~ Ii! Ii! .~ .. " ~ ~ ~ ~ ~ ~ ~ Cf.I ~ ~ u 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .., .... G U Cf.I rn en en fQ rn H " 0 '" .... '" 0 0 " 0 0 .. 0 '" 0 0 '" .... r- r- r- '" r- '" .... .... .... .. :<: .~ '" :5 "' <") ~ rl rl ~ N .. '" .. on '" .. 0 .... '" '" 0 .... .... .... '" '" 0 .., '" '" '" '" .... .... .... .... .... 0 N ---- 00 ~ rl '" '" '" '" '" '" '" '" '" '" ---- .. .. .. .. .. .. .. .. .. .. '" Sankaty Head Golf Club, Inc PO Box 293 Siasconset, MA 02564 Peter Winfield Brodie 287 Dedham Street Dover, MA 02030 Sconset Trust, Inc. George M. Buckingham, Jr. PO Box 821 Siasconset, MA 02564 Sconset Trust, Inc. 5 Burnell Street Siasconset, MA 02564 Robert A. Krantz, Jr. & Ann CharI Krantz 35 Lake Road Short Hills, NJ 07078 Sankaty Head Golf Club, Inc PO Box 293 Siasconset, MA 02564 Peter Winfield Brodie 287 Dedham Street Dover, MA 02030 Sconset Trust, Inc. George M. Buckingham, Jr. PO Box 821 Siasconset, MA 02564 Sconset Trust, Inc. 5 Burnell Street Siasconset, MA 02564 Robert A. Krantz, Jr. & Ann CharI Krantz 35 Lake Road Short Hills, NJ 07078 David W. St. Clair 31 SuncliffDrive Tarrytown, NY 10591 Timothy Dalton Joan Dalton I 7285 Jay.Way Mechanicsville, VA 23111 David W. St. Clair 31 Suncliff Drive Tarrytown, NY 10591 Timothy Dalton Joan Dalton 7285 Jay Way Mechanicsville, VA 23111 . .. CI) co \D \0 o . ~ ~ rn d , -...J , ~ -1t,j><? - 00" l(S(i o,j>. .O<?.. '(:' LOT 2 1291056 S.F, 3.0 Ac. PARKING---D SHED 167 S.I'.---..... ~ \0, M. M' ru: 60.00' soot 54'00'[ (/) co ....... ...0 C) ...0 0 ~ (J\ <:;? 0 C) .. ~ NORTH - z ro \D o 0\ C) C) . .. (T'\ \, 1-----4 (I) o txj rr1 r ... (/) ~ J> -< 37.89' "" co (1\ \D ~ . C) 0 C) ~ ~ g .. ~ , ~~ ~.~~ ~ q; v~ ~ ZONING: LUG-3 MINIMUM LOT SIZEI120,OOO S.F. MINIMUM FRoNTAGEI200 FT FRONT YARD SETBACKI35 FT REAR & SIDE SETBACKI20 FT GROUND COVER RA TIol 31. NORTH - z w CO a ~ a, a 0/ 0' -~ ~ a ~.Jl./ ~ ~0'<j1'-..." J"1 '00':- LOT 2 129,056 SF. 3.0 Ac. Vl CO <.D <.D a <.D f\) ru a ~ ~ .. < SHED 167 S.F'".___ (:). ;:0. ("). M: C\J: .~~..1?.. 9 ,~~;:;.. '25.90' . . , '3'4.58' . , (/) GARAGE CO 319 S.F. c; <.D <.D a ~ ~ a a a .. :E:: 60.00' SOOt 54'OO'E 37.89' ~ (/) o tJj I'l r , (/) ~ ]> -< (/) CO 0' <.D ~ a a a 0' C? g .. < 4, ~.<:::>>~ ~ R)' // q; V<f ZONING: LUG-3 MINIMUM LOT SIZE: 120,000 SF. MINIMUM FRONTAGE: 200 FT FRONT YARD SETBACK:35 FT REAR ~ SIDE SETBACK:20 FT GROUND COVER RA TID: 3% I lS.tAC. I~ I~ -I- f I I WAY{N.C.1 I WAYlkC.1 I I I J r~'~~~ tl UJ 00_1 N.G."'. .. . .:., l!i 1>._ If: 1.(, <. I I I I II I I PLAINFIELD " ,,, '00 . 131.1 -'C. 10, '0' 10. '0' ,. -t- ~, .., '0' " ~. If "0 "0 '" .. 115 I I I I I I I 1>- I; I' T I I -J J I I L II t:.~~o::. -f- 100 ~....",y ... ... .. 1 "" 0' l' .. ... \b >- ... i lot -+-- \00 U.~....1'r1"t' RO '" 15Le...c. '" e.:IAC. ~ . %I' I -=tI---=~y- - -- ~'f9-/('5.1 ~ ' , J SEE SH[ET 49.3.2 o o o .. ~ t1o'\'1,..o","'" N 98,000. -- REVISIONS '''\~(H DAfl ~A,/lCH DATE PA,RCH INfORMATION SHOWN HEREON WAS COMPllE:O FROM AERIAL PHOTOGRAPHS, DEEDS. AND PLANS OF RECORD AND IS NOT TO BE CONSTRUED AS HAVING SUFFICIENT A(CUR. ACY FOR CONVEYANCE I ~ 73.4.1_1 OENons ~A.NTUCK[T O"NITHOLOCJICAL. A.SSOCIATION (N.C.) DENOTES NOT CON 'TIIJCTLD. f[1h(\ rnnrll Hnd C NANTU ~laHHa('llllS(\' ;'t. ~ IOCHlIfH.N,1; 128 "" , ,..,----....-::l " , ..~