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Home My WebLink About074-04 ~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ~eh rUCl,'l / ' 200S- To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 074-0 Lf Owner/Applicant :j vi 's;fl'e _ L, an& f1\, thOe ( .Y. (;J (ISDn 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 necision must be given to the Town Clerk so as to be received within such TWENTY (20) days. \ ~~~~~)Y\~~::~ 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 9139-301 (SPECIAL PERMITS); g139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, MA 02554 Assessor's Map 71.3.2 Parcel 9 LUG-3 7 Cornwall Street, Ton Nevers Land Court Plan 5004-G Block 31, Lots 12-41 and 51-80 Cert. of Title 20,021 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 :00 P.M., Friday, December 10,2004 (originally noticed for November 19,2004 and continued after opening), in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of KRIST IE L. AND MICHAEL J. WILSON, of2 Greglen Avenue, #83, Nantucket, Massachusetts 02554, Board of Appeals File No. 074-04, the Board made the following Decision: 1. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-16C(2). Applicants are seeking validation of the siting of a comer of an existing second-floor deck on a secondary dwelling, that is sited as close as about 18.6 feet from the westerly rear yard lot line in a district that requires a minimum side yard setback of20 feet. The property is conforming in all other respects to the zoning requirements. The Premises is located at 7 CORNWALL STREET, TOM NEVERS, Assessor's Map 71.3.2, Land Court Plan 5004-G, Block 31, Lots 12-41 and 51-80. The property is zoned Limited-Use-General-3. 2. The Decision is based upon the Application and materials submitted therewith, and the testimony and evidence introduced at the Hearing. The Planning Board made no recommendation, as the matter was not of planning concern. There were three letters in support from abutters on file and no testimony at the hearing in favor of or opposed to the project. There was a letter dated December 9,2004 submitted from Charles W. Hart of Charles W. Hart & Associates, Inc., the Applicants' licensed land surveyor, that detailed the situation on the lot and the history behind the error. He stated that the support post for the second floor deck was sited "eighteen and two tenths" feet from the rear yard lot line and that it was important to note that the structure itself was located outside the setback area. He stated that when "pinning the location for the proposed excavation the location ofthe deck supports was not accounted for." During his follow up site visit to locate and survey for the installation ofthe septic system, after the structure was under construction, he discovered that the support posts fell within the setback area, which then caused the Applicants to scale back the deck and move the posts as far as practical. In his opinion it was an "unintentional error" which occurred as a result of a "combination of factors". In conclusion, Mr. Hart stated that he could "affirmatively state that the siting ofthe this support post was unintentional, and further that it should not be considered as a detriment to the abutters or the neighborhood in general." '. 3. Applicants represented that they had constructed a primary and secondary dwelling on their conforming lot. Applicants explained that though the primary dwelling was conforming, they had made an unintentional error when they sited the garage apartment but had not calculated enough distance from the side yard lot line along a paper road to place the second floor deck that was necessary for egress to the apartment. They had realized there was a setback intrusion during construction when the building was nearly completed and had then cut off a piece of the deck and moved the support posts back further, taking it back to the minimum required. However, when the "as-built" site plan was done they found that the comer was sited about 18.2 feet from the westerly rear property line. Applicants stated that the modular house was delivered prior to the completion of the surveying work and their excavator had to rush to finish the foundation and complete the foundation. They had thought that they had sufficient room to site the structure in that location and that the deck would not be intruding into the setback area. They were not trying to gain an unfair advantage in siting the structure in that location. They wanted to provide enough room between the two dwelling units to provide privacy for both. The lot was conforming to the 3-acre zoning requirements and they had a 20- foot setback requirement that their neighbors did not have with nonconforming lots, as they were allowed a 10-foot setback under the Zoning By-law. Applicants represented that the impact ofthe small intrusion was substantially mitigated by the presence of substantial growth along that property line and the intrusion was not noticeable. The westerly abutter on the other side of the paper road had sent a letter in support of relief. Applicants also stated that it would be uneconomic to move the deck and all of the other interior items, including utilities, to another part of the garage in order to create the required second means of access to the second floor apartment. 4. Based upon the foregoing, the Board makes the fmding that the error is de minimus and that the error was unintentional. In addition, the Board fmds that validating the siting ofthe deck and support as close as about 18.2 feet from the westerly rear yard lot line would not be substantially more detrimental to the neighborhood and would have little impact and a grant of relief would not create any new nonconformities, nor increase intensity of use upon the Locus. In addition, the Board fmds that the lot is a conforming lot and substantially larger than most subminimum surrounding lots in the same neighborhood that are benefited by a reduced side and rear yard setback allowance often feet as stated in the Zoning By-law and that a setback of about 18.2 feet would be in harmony with the general purpose and intent of the Zoning By-law. 5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-16C(2) to validate the westerly rear yard setback distance of the support post and deck on the secondary dwelling of about 18.2 feet upon the following conditions: (a) The siting of the deck attached to the secondary dwelling shall be substantially as shown upon the "As-built Site Plan" done by Charles W. Hart, dated June 18,2004, a reduced copy of which is attached hereto as Exhibit A; and .. . . (b) There shall be no further expansion of the footprint of the secondary dwelling or construction within the required 20-foot rear yard setback area without further relief from this Board. Dated: F:t!.);rwry I , 2005 ~~l~ \ ~=ZV~M-- " Sevr n's \ "6' ./ Edward Toole p I , -) .) ~ ~ '~ ~ ~ I ~ ~ ~~ J ~~ I1i ~i "'\' ~ 11)).. ~ ,~ a o a:~UJ~ "P~~ ~ ~~~IJ x'( ~ ::10 ~~l~~ ~5~~~ '" \i) ~ ~ ~ 'I: ~ olI!2e< ~ ~ ~ \...~ l~~"~ ~ :5~12::;'~ ~I , I! l~~ i~~~ :I: ~~~~$ ~ ~ ~~('\~~\)~ ' ' B:f;~~ ~ oa:3;ug ~ ~" 'll \) \J ~ ~ ~ ~i~~~ ~ IH tll i i ~ ~ h~ IX 0 Z ~ 1\.. ~ 5lE oS " ~ . /~. ,~. -~ .1 ~ K. " I ~~ ~~"l M ' " 'll '" ~ I-i ~ -;L~S o '00' ~ i ~~~ 1'1 ' J:: -~ " ' ~ \ 'I I ~ H '-II I'" 1 ~~ ~~ ~ !ll~~' - '- I~ ~~ ~ ~ ~~~~ ' ,,- -', \1)., c:l I'" Q~~I\ ,l! \f\~~~ ~/-'" ,.' ~ t(~~......, / -- / ~k~'\ _//;; :/--\ .(h :j'~"lll I i!I '., \--vJ. s.....l~( 01' ~ "') 9 : ~~ ~ ~~ - ~ ~ ~I ~ " Il.I , .'i' I~ '1 <;) <;) % '...~-,., t> ~ :j ;;;~~ >' ~ l\: \.'i' Q <> ti " '- : :! i :: ~t~ ~ ...... ~U OO'O(J' , ~J.S' ~ ~ \.'( ~ '. () l:l~~ :-> <:\ l' .. ~ ~~\~~ ~~~~~ \)' ~ I') I lJ ::> '< i~' ~~~ .. ~ ~i~~~ ~dl~ 7?'Y A#YO:J '" {(> Q Q Q (f ~ ~ I$ "( \... ~ ~ <:) '<- ~ <;) '? :t ci " ~ ~ .;~~ ';:;; '\ " ~"'QO~; <l $ Ii <;) '- ~ ~ ~ ~~ ~ n~ .. ~ I{ - \; _ NOI2IYW 1 ~ ~ ~ ~ ~ I ~ '" ~ , ~ ~ ~ I:i ~ \9 i ,~ ~ --< ll- I ~ ~ "- -~ ~ ! t, 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, NOVEMBER 19, 2004, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: KRISTIE L. AND MICHAEL J. WILSON BOARD OF APPEALS FILE NO. 074-04 Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-16C(2). Applicants are seeking validation of the siting ofa comer of an existing second-floor deck on a secondary dwelling, that is sited as close as about 18.2 feet from the westerly rear yard lot line in a district that requires a minimum side yard setback of 20 feet. The property is conforming in all other respects to the zoning requirements. The Premises is located at 7 CORNWALL STREET, TOM NEVERS, Assessor's Map 71.3.2, Land Court Plan 5004-G, Block 31, Lots 12-41 and 51-80. The property is zoned Limited-Use-General-3. ~~ Nancy J. Sevrens, . THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. I, ~ " NANTUCKEt ZONING BOARD OF APPEALS t, 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE NO.O 7 Lf -(J1 FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): \L~\'S-,I e L. SS tv{, I U-\'"\-C L.. -:::J, v0 L LoS 0 I\J Mailing address: -z.- (;,fL2& LE; J0 AV-C -#: ~3 ,0 A.-~'(J0tL.-el MA Applicant's name(s): 1-L-rZ-l Set F 'b JIV\ \L(:+.A--C-L- W \ ~\ 0 ."-.J Mailing address: 7_ G:->/l:E:(~ l-"tJ--J ;A vE ::{:f:.- ~3 "-- i A-f'J cucJ/--t -r- . ^^ A 'Locus'address: I (-f)fL--1-..J\,..J6.-1 A-_ S-r. Assessor's MapIParcel: If ~.]. L ~(jO'1 Land CourtPlanlPlanBook& PageIPlanFileNo.: S-ooc...f-G, Lot No.: B\k3\" I"z'-LH , ~(-SO Date lot acquired:.!.!.) ZL/j1 Deed Ref.lCert. of Title: "2 I)l) 2- I Zoning District: LUG> - '3 Uses on Lot- Commercial: None / Yes (describe) Residential: Number of dwellings-L Duplex_ Apartments Rental Rooms Z- Building Date(s): Allpre-date 7/721 }-JO or ''2.000 C of 0(s)1 Building Permit Nos: Previous Zoning Board Application Nos.: ''tJ {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: <s e-e- A ,-r 4<:...l~ d .:''':::-. I ".on . ;:J h.': ',-,." \.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: Applicant K. Attorney/Agent (If not owner or 0 ner's attorney, please enclose proof of agency to bring this atter before the Board) r:ff) FOR ZBA 0 ICE USE ' ~ Application received on: l6/ r ~+ By:, Complete: Need copies?: Filed with Town Clerk:-Ri J 41- PlanningB6ard:_i 1_ BuildiBg Dept ._<::::;iJ- B . Fee deposi~ed wi~h Town Treasurer: -1/; JI1 By: 7iiJijaiver reques~ed?: Gran~ed: _,-'- Hearing notice posted with Town ClerkW --I.lf. Mailed: J.//6 e1 I&M: JiJ!L r2t & I(f/Q/o/- Hearing(s) held on:_/_/~ Opened on:---1_/_ Continued to:_I_I_ Withdrawn?:_I_I_ DECISION DUE BY: 1 1 Made: 1 1 Filed wrrown Clerk: 1 1 Mailed: / 1 --- --- --- ---- DECISION APPEALED?:_/_I_ SUPERIOR COURT: LAND COURT Form 4/03/03 ADDENDUM TO APPLICA TrON FOR ZONING RELIEF Applicant is seeking a special permit under section 139-16(c)(2) to validate the siting of the second floor deck, means of egress, and deck post to a garage apartment that is sited as close as approximately 18.6' feet from the rear yard lot line in a district that requires a 20' foot setback. Only one, (1) deck post sits at the 18.6' distance. The balance ofthe structure is conforming. GROUNDS FOR REQUESTED RELIEF The property is located on the West side of Tom Nevers Road. It is bounded on the front by Cornwall Street, and on the rear by Marion Street. Neither street had been installed at the time of construction and both were completely overgrown by scrub oak. The clearing of Cornwall Street to gain acess to the lot was delayed significantly due to a disagreement with an abutter as to the precise location of Cornwall Street. When the surveyor was able to identify the location of Cornwall Street, to the satisfaction of the abutter, and the excavator was allowed to actually install Cornwall Street and gain access to the property to clear and excavate, there was approximately five days remaining prior to delivery of the modular home pieces. Given the short time to site the house the dimensions were quickly staked for excavation and concrete contractors, and didn't take into account the second floor deck stairs. When the as-builts were prepared it was discovered that the unintentional setback intrusion had occurred. The dimensions for the second means of egress were adjusted to the smallest possible width, leaving the location of one deck post approximatley 18.6' from the lot line which borders Marion Street. Marion Street remains overgrown with scrub oak, and the nearest abutter's structures are quite far from this location. Estimates to relocate the deck post and stairs to the opposite side of the second floor garage apartment were very expensive. It would also require relocating the gas meter as well as the venting for the furnace. Excavation on this side of the garage for posts would be very difficult since all of the utilities enter the building at this point. (photos have been attached to show the locations) :~~ ]4:~ ~'i.~-;" I 00 +" -; ~..; ..::;'~l; 4- 'lty of . ET <r.:::ll D SCHOFIELD BROTHERS, INC. c=:>D w ':< z o at o o z u~2 VI'" ~~o w>- Z on '" <( ::> -' x '" u <( PIlOfE!>!>IONAl ENCINEER!> ' RECISTERED lAMD !>URVEYOR!> 14- fEDERAL ST.. "A..TUC"ET. MASS, OliO --". t.. ci 8 INFo! COMPILEO FI A,...,,.., ..., Z. T,QH. DLNOTU TOWN 0' NANTUCUT, ~ INFORMATION SHOWN HEREON WAS COMPILEO FROM AERIAL PHQTOGRAPHS, DEEDS, ,... .... ....~ ........ .....,..~"'" ""," Ie: ...'f"'oT Tf"'\ DC' .-3.. ". I COMPIl AND'Pl CONST/ ACY fe "'Unr I ..l-_ + + 7U. + + -L I 11.1, 7U.1-7 DAft PARCEl DAff PARCEl HOT CONITIIU(T [l), I. T.O.N, OlNOTU TOWN 01' NANTUCKET. INFORMATION SHOWN HEREON WAS, COMPilED fROM AERIAL PHOTOGRAPHS. DEEDS. AND PlANS Of RECORD AND IS NOT TO &f CONSTRUED AS HAVING SUffiCIENT ACCUR- ACY fOR CONVEYANCE. lOCNI.fI:lt.H.~ 204