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Home My WebLink About095-05 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ~f)U(J r~ dO ' 200" To: Parties in Interest and Others concerned with the.-... -DeelS-ian6i the BOARD OF APPEALS in the Application of the following: Application No.: 09 S--OS' Owner/Applicant :r('C):() /(. L. 1< o..h once ~ 11.I- e f?. K (A.t2- 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 com~laint and certified copy of the necision must be given to the Town Clerk so as to be received within such TWENTY ( 20) days. ---- ~~J~ ~O ' CJ(f)e,. 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. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Assessors Map 92.4 Parcel 320 LUG-3 51 Wanoma Way LC Plan 5004-69, Lot 927 Cert. of Title 14,920 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M., Friday, December 9,2005, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the FRANK L. KATZ AND ELISE R. KATZ, c/o Reade, Gullicksen, Hanley & Gifford, LLP, PO Box 2669, Nantucket, MA 02584, Board of Appeals File No. 095-05, the Board made the following Decision: 1. The Applicants are seeking relief by a VARIANCE from the provisions of Nantucket Zoning By-law Section 139-16.A (Intensity regulations - ground cover ratio) in order to validate the 2003 construction of improvements upon the locus, consisting of a principal single-family dwelling with a ground cover of about 3,085 square feet and a secondary single-family dwelling/garage structure with a ground cover of about 1,236 square feet, for a total ground cover of about 4,321 square feet. The locus is a waterfront lot, with present area measured to the mean high water line of about 138,630 square feet, resulting in a ground cover ratio of about 3.12%; maximum ground cover ratio in the Limited Use General-3 zoning district is 3%. Erosion since 1983 has claimed about 21,000 square feet from the locus; if that area were included, ground cover ratio would be about 2.70%. The locus and structures thereon conform to all other applicable zoning requirements. The Premises is located at 51 WANOMA WAY, Assessor's Map 92.4, Parcel 320, Land Court Plan 5004-69, Lot 927. The property is zoned Limited-Use-General-3. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Public Hearing. The Planning Board made no recommendation, as there were no issues of planning concern. There were no letters on file, and other than the presentation by the Applicants' representatives, there was no public comment at the public hearing in favor or in opposition. 3. Applicants, through counsel, represented that the property was a conforming lot of record, having about 138,630 square feet of area in a district that required a minimum lot size of 120,000 square feet. The allowable maximum ground cover ratio allowed in this district was 3% (or 1500 square-feet, whichever was greater). The current ground cover ratio was about 3.12%, about .12% in excess of what was permitted. Applicants represented that the error was due to a miscommunication between the architect, the builder and the surveyor. An area of the foundation that had previously been shown on the approved plans to be an open window well and not covered or counted towards the ground cover calculation, was reconfigured and a glass cover was added to it to create additional interior living space below grade. There was also confusion as to whether this glassed over area actually counted towards the ground cover calculation as it was a part of the foundation, and was basement space that did not have any living space above grade over it. It was stated that the architect considered the glassed-in window well as similar to an ungrounded bay window, which did not count towards the ground cover calculation. The surveyor included it as part of the ground cover ratio. The Applicants stated that they had always intended to comply fully with all Zoning By-law requirements but made an inadvertent mistake and that it would be difficult to alter that part of the structure in order to remove it due to the radiant heat in that area of the foundation and house. The Applicants also asked that the Board find that the noncomplying ground cover ratio was de minimus and based upon the unique topography of the lot, a steeply sloping bank and accretion and erosion of the lot at the area of the lot fronting directly on the Atlantic Ocean, Variance relied could be granted. The structure and area in question conformed to all setback requirements and was otherwise constructed in accordance with the approved plans. The garage/secondary dwelling had already been signed off on as to its compliance with the plans approved by the appropriate regulatory bodies. 4. Based upon the foregoing, the Board finds that to validate the noncomplying ground cover by Variance would be inappropriate. The Board also fmds that there are no grounds to support a grant of Variance relief as there are no issues of the uniqueness of soil, shape, topography of either the lot or the structures contained thereon and no issues of fmancial hardship. The Board further finds that the situation was created by the Applicants through their representatives who incorrectly enclosed an area that had not previously been counted for ground cover and that there was a possible remedy if the Applicants were to remove the cover from that part of the basement foundation. In conclusion, the Board finds that the property has been improved to the maximum allowable and a further increase would then increase the negative impact on the neighborhood and any grant of relief would possibly set a negative precedent in this area. 5. Accordingly, upon a motion duly made and seconded to grant the requested relief by Variance under Nantucket Zoning By-law Section 139-16A, there were no votes in favor and five votes in opposition (Sevrens, Wiley, Koseatac, Murphy). Therefore, relief is hereby DENIED. .., 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, DECEMBER 9, 2005, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: FRANK L. KATZ AND ELISE R. KATZ BOARD OF APPEALS FILE NO. 095-05 The Applicants are seeking relief by a VARIANCE from the provisions of Nantucket Zoning By-law Section 139-16.A (Intensity regulations - ground cover ratio) in order to validate the 2003 construction of improvements upon the locus, consisting of a principal single-family dwelling with a ground cover of about 3,085 square feet and a secondary single-family dwelling/garage structure with a ground cover of about 1,236 square feet, for a total ground cover of about 4,321 square feet. The locus is a waterfront lot, with present area measured to the mean high water line of about 138,630 square feet, resulting in a ground cover ratio of about 3.12%; maximum ground cover ratio in the Limited Use General-3 zoning district is 3%. Erosion since 1983 has claimed about 21,000 square feet from the locus; if that area were included, ground cover ratio would be about 2.70%. The locus and structures thereon conform to all other applicable zoning requirements. The Premises is located at 51 WANOMA WAY, Assessor's Map 92.4, Parcel 320, Land Court Plan 5004-69, Lot 927. The property is zoned Limited-Use-General-3. ~ \1U~ Dale Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER AL TERNA TIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 ~ CASE NO/) Y J -05 FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): MaDing address: Applicant's name(s): Mailing address: Locus address: Land Court Plan: Frank L. Katz and Elise R. Katz c/o Reade- GuUicksen. Hanley & Gifford. LLP Same 6 Youne's Way. Post Office Box 2669. Nantucket. Massachusetts 02584. 51 Wanoma Way Assessor's MaplParcel: 92~4-320 5004-69 Lot No.: 927 Date lot acquired: 7/8/91 Cert.ofTitle: 14920 Zoning District: LUG-3 Uses on Lot - Commercial: None -L Yes (describe) Residential: Number of dwellings 2 Duplex_ Apartments _Rental Rooms Building Date(s): All pre-date 7/72?_ or C ofO(s)? Building Permit Nos: 726-03: 780-03: 905-03: 532-05 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: The applicants request a Variance from the provisions of Nantucket Zoning By-law S139-16.A (Intensity Regulations: Ground Cover Ratio) in order to validate the construction of improvements upon the locus, consisting of a principal single-family dwelling with ground cover of about 3,085 square feet and a secondary single-family dwelling/garage structure with ground cover of about 1,236 square feet, for total ground cover of about 4,321 square feet. The locus is a waterfront lot, with present area measured to the mean high water line of about 138,630 square feet, resulting in a ground cover ratio of about 3.12%; maximum ground cover ratio in the Limited Use General-3 zoning district is 3%. Erosion since 1983 has claimed about 21,000 square feet from the locus; if that area were included, ground cover ratio would be about 2.~e%. The locus and structures thereon conform with all other applicable zoning requirements. I certify that the information contained herein is substantially complete and true to the best of my knowledge, onder the pain d penalties ~~~; SIGNATURE: / - J ~I Applicant Attorney/Agent x (H not owner or owne s attorney, please enclose proof of agency to bring this ma er before the Board) FOR OFF CE USE Application received on: lLd ~ lofiy: Complete: FiledwithTownOerk:1.LJlro . -.._ _ '___ : Fee deposited with Town Treasurer: ,UK:> J By: (J~oWliiver requested?: Granted: /~_ Hearing notice posted with Town Clerk:[[}2J /O)~ Mailed: 1 L-lJQjf&M~KJJ-& llJ- _LJ[)~ Hearing(s) held on:_1 ~ _ Opened on:~ ~ _ Continued to:~ _I _ Withdrawn?:-' -'_ DECISION DUE BY:_I_/_ Made:~-"_ Filed wrrown Clerk:-'_I_ Mailed:_I-'_ DECISION APPEALED?: 1 / SUPERIOR COURT: LAND COURT Form 4/03103 1':\1ftlIt\Katz\!51W....... Wav\ZBA A;P 12-2'605':'"'doa-- -L N "'t:l-l'"l (:.i, d 8. I ;;: '" w '" 2"1'7,(11:)0 + A J! LA fif J! l! rC (()) rC jg A fif t . 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