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Home My WebLink About057-04 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ~~ Z0 , 290'1' o -~ C:::J To: Parties in Interest and Others concerned with the ~ Decision of the BOARD OF APPEALS in the Application of ~e following: Application No.: ()Sl-()c.; Owner/Applicant: fS~ Fr'eC;1..Qrt"c;k. K:f)oc/{}.r aNi.. Sa ro-h 8. f:1I0U ..p. I -,.] f'0 o \J1 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. 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); 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 Map 20, Parcel 59 LUG-3 18 Fire Spring Road At a Public Hearing of the Nantucket Board of Appeals held at 1:00 p.m., Friday, September 10, 2004, in the Conference Room of the Town of Nantucket Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application ofR. FREDERIC KNAUFT AND SARAH B. KNAUFT, 34 Birch Road, West Hartford, Connecticut. (Board of Appeals File No. 057-04) the Board made the following Decision: 1. Applicant is seeking VARIANCE relief under Nantucket Zoning By-Law Section 139-16 (intensity regulations-side yard setback). Applicants propose to construct a 410 square-foot addition to their single-family dwelling in order to increase the interior living space. Applicant is on the medical staff of the Nantucket Cottage Hospital, and is required to spend more time here on a year-round basis. The new addition would be sited as close as about 16 feet from the northerly side yard lot line in a district that requires a minimum side yard setback of 20 feet. The Locus is conforming in all respects other than as noted above. The property is benefited by a grant of Variance relief in BOA File No. 055-90, which validated the non-complying height of the original structure. The Premises is located at 18 Eat Fire Spring Road, Assessors Map 20, Parcel 59. The property is zoned LUG-3. ' 2. This Decision is based upon the Application and materials submitted with it, along with the testimony and evidence presented at the hearing. The Planning Board did not make a recommendation. There was no opposition to this Application, and there were letters of support from five (5) of the closest abutters, some of whom own multiple lots, supporting this Application, and also a letter from Dr. Lepore who sent a letter of support and spoke in favor of the Application at the hearing. There were also a number of photographs submitted by Applicants' counsel of the site and structure. Applicants licensed surveyor, Michael Bachman of Nantucket Surveyors, Inc., submitted a letter dated August 27, 2004 in which he stated that "This property is definitely one in which topography controls what one can do as far as building additions." He further stated that placing the addition on the northerly side of the structure would reduce the nonconforming height average and the only place an addition could be constructed was on the northerly side as proposed. He included a topography map and the previous Decision in BOA File No. 055-90, which granted to a predecessor-in-title to the Applicants relief by Variance to validate the height of the structure due specifically to the uneven topography of the lot and configuration of the structure. 3. Applicants, through counsel, represented that they are proposing to build an about 410 square-foot addition to their single-family dwelling so that they could add a master bedroom and enlarge the kitchen, providing a winterized section of the house in which to reside when Dr. Knauft was in residence and working as a member of Nantucket Cottage Hospital staff. When they purchased the property, it had three (3) separate living spaces, and they subsequently turned it into a single- family dwelling and made substantial improvements to the property. Because of the topography of the lot as well as the uniqueness of the structure, Applicants would only be able to build the addition on the northerly side of the property to avoid exacerbating the nonconforming height and massing of the structure on the southerly side and to work with the irregular existing floor plan. Applicants had entered into negotiations with the abutter on the northerly side in an effort to purchase a 400 square-foot triangular piece of their lot so as to change the diagonal property line to a rectangular bump in order to provide sufficient space to meet the 20-foot setback requirement. Prior to the transfer taking place, it was determined that a deed restriction prohibited the abutter from subdividing his property, or making a property line adjustment thus making it impossible for the Applicants to purchase the small piece of property. The proposed addition would create an encroachment into the northerly setback area of approximately four feet as the addition would be sited as close as about 16 feet from the northerly side yard lot line. The conforming lot contained about 141,900 square feet of lot area, and the existing structure had a ground cover ratio of about 1.2% in a zoning district that allowed a maximum of 3%. With the additional 410 square feet of ground cover, the ground cover would continue to be below the allowable maximum of 3%. 4. Therefore, based upon the foregoing, the Board finds that the proposal to construct the additional approximte 410 square feet of ground cover in the proposed location within the northerly required 20-foot setback area would be in harmony with the general purpose and intent of the Zoning By-Law, and would not be substantially more detrimental to the neighborhood. In addition, the Board finds that owing to the shape and topography of the Locus; specifically, the location and existing configuration of the existing structure and the uneven topography of the lot, that especially affecting the Locus but not affecting generally the zoning district, a literal enforcement of the provisions of the Zoning By-law would involve substantial hardship to the Applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-law. 5. Accordingly, by a UNANIMOUS vote, the Board hereby GRANTS the requested relief by VARIANCE under Nantucket Zoning By-law Section 139-16A (Intensity regulations-side yard setback). Relief is hereby conditioned upon the following: a. There shall be no additional expansion, beyond what is approved in this Decision, of the structure without further relief from this Board; b. The project shall be done in substantial conformance with the "Plot Plan to Accompany Z.B.A. Application", done by Michael Bachman, dated July 22, 2004, a reduced copy of which is attached hereto as Exhibit A; and c. The addition shall be built in substantial conformance with Certificate of Appropriateness Nos. 42,896 and 43,688, issued by the Nantucket Historic District Commission, as may be amended from time to time. C. Richard L ID ~bV Mi a I O'Mara Dated: ~c%(~f <k t \ ~ '<( -1 li' ~~ ~, ~""..~ ~~\\ ci \ ! i ~ ~ :::; .I Z 9-a1zlll"r:n (/) ...J <( W a.. a.. <( I.L o o a:: <( o CD c.:> ~ .Z o N ... o o 00 "'UlI >- ~ ~ ~~ rJ ~ III >-"li. olI ~ ~~ ::> ~ ~~l:lm t:t:Vl ~ @~ ~ 1!!~3~liJ ~~~ S <(~ ~ ~ljl:jfflo..~~~ .c 12~~:::l; b i5i50::~3 ~aiiil>-:::l; ~, ..= Ul O::l!iJll "-1iI~t:i~ti 12~ ~ ?~ii1O::m~~~~o~.o ::;N F~AZ O:l!;", F~~ -' ~ 01::1:5 <(0:: ~ <( CL Z U) CCLoI(:::ECL ZInZ 1 \) I-J ,- rJ ;g; Vl 0:: o >- ~ 0:: ::> Vl I- W G F ~ z >- m l- I " ~ ll- o U <:> W 5 lii d z ~ ~ o ii: ~ ~d~ ui I-lI! '" o . ~,,-iF "'gt:r;:r;: iI UlO~"'~ J,oglOoM~ ~~!:!III~ 3~",..,,,,..,..: i!i~ l2i 8 ~~il~ 8~~~~Oi Ii Ii T ~~~~~~~ ~i~~5 ~ Nge:QO::~c:i ~~!!! ;.. i~~~~!~ i:;~1 ~ a~~~~~a ~d~~ :;l :i 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 P.M., FRIDAY, SEPTEMBER 10, 2004, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: R. FREDERIC KNAUFT AND SARAH B. KNAUFT BOARD OF APPEALS FILE NO. 057-04 Applicants are seeking relief by VARIANCE under Nantucket Zoning By-law Section 139-16A (Intensity Regulations - side yard setback). Applicants propose to construct an about 410 square-foot addition to their single-family dwelling in order to increase the interior living space. The new addition would be sited as close as about 16 feet from the northerly side yard lot line in a district that requires a minimum side yard setback of20 feet. The Locus is conforming in all respects other than as noted above. The property is benefited by a grant of Variance relief in BOA File No. 055-90, which validated the noncomplying height of the original structure. The Premises is located at 18 EAT FIRE SPRING ROAD, W AUWINET, Assessor's Map 20, Parcel 59, Land Court Plan 6283-8, Lot 81. The property is zoned Limited- U se-General-3. 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. 0 (J-CJl( FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s):_R. Frederic Knauft and Sarah B. Knauft Mailing address:_34 Birch Road, West Hartford, CT 06119 Applicant's name(s):_same Mailing address: Locus address:_18 Eat Fire Spring Road Assessor's Map/Parcel:_20 I 59 Land Court PlanIPlan Book & Page/Plan File No.:_6283-8 Lot No.:_81 Date lot acquired:_ 4-'_30-'_1997_ Deed RefJCert. of Title:_ COT 17876_Zoning District:_LUG-3_ Uses on Lot - Commercial: None_X_ Yes (describe) Residential: Number of dwellings_l_ Duplex_ Apartments_Rental Rooms Building Date(s): All pre-date 7/72? or C of O(s)? Building Permit Nos: Previous Zoning Board Application Nos.:_055-90 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 nQi)confo~ities: See Exhibit A attached hereto and made a part hereof. ::::- c UJ N -oJ -0 :~-,J '-0 I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the B p~nalties of perjury' ';;t('!'" _.H- \r- _~liKant_ Attorney/Ag-en1\ (If not owner or owne attorney, please enclo 0 f of agency to bring this atter before the Board) o I ~ I\(J FO FICE USE . Application received on: 0 lLLfJl By: Complete: Need copies?: Filed with Town Clerk:~1Jt~ Pl:umlug BUald:----1 . ,- Bnildlng DepL:~ 4 ~ Fee deposited with Town Treasurer: 1/~ By: ~aiver requested?:_Granted:_I_I_ Hearing notice posted with Town Clerk::lJ~7 IDe( Mailed:~7 0 I tf-( I&M:JS} @nSd& 3.J l- 10 v! Hearing(s) held on:_I---1_ Opened on:---1---1_ Continued to:---1---1_ Withdrawn?:---1_I_ DECISION DUE BY:---1_I_ Made:---1---1_ Filed wffown Clerk:_I_I_ Mailed:---1_I_ DECISION APPEALED?:---1_I_ SUPERIOR COURT: LAND COURT Form 4/03/03 EXHIBIT A Applicant is seeking VARIANCE relief under Nantucket Zoning By-Law Section 139-16 (intensity regulations-side yard setback). Applicant proposes to construct a 410 square foot addition to their dwelling. Because of the unique topography of the lot and the unusual configuration of the existing structure, there is only one option for this addition, which will reduce the required twenty (20) foot side yard setback to sixteen (16) feet. The premises is located at 18 Eat Fire Spring Road, Assessors Map 20, Parcel 59. The property is zoned LUG-3. 20 .3.7 AC. U 29 AC. + " 3\ li3 &.e.Ac. c L r- \ - . - \ \ L---- IJ.~ ACo t.7"~ 1.1. _.3.3.3 A"'. 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