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HomeMy WebLinkAbout067-02 ,- TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: JJeLQm~13 , 2002--- To: Parties in Interest and, Others concerned with the Decision of the BOARD OF APPEALS in the Application of the fo~lowing: Application No.: O(Q 7- 02.- !inlmele Q<<t LewiS )0JP; 'Owner/Applicant: 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. 2 ~ O1A~n ~~. ~ D2tJ@ ~ w !\JaM cry. Cha ir~n ~ N 0\ ::0 'm ", -""'1 -"t .....'" 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); ~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 80 Parcel 151 LUG-2 17 Folger Avenue Plan Book 17, Page 50, Lot 3 Deed Ref. 490/139 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M., Friday, October 18,2002, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the MICHELE AND LEWIS KELSEY, with an address of PO Box 3277, Nantucket, Massachusetts 02584, Board of Appeals File No. 067-02, the Board made the following Decision: 1. Applicants are seeking a MODIFICATION of the VARIANCE granted in the Decision in BOA File No. 073-93. Applicants propose to construct a conforming secondary dwelling on their Lot that would result in a total ground cover of about 1,483 square feet, less than the maximum allowed of 1,500 square feet for undersized lots in this district. Parking would be provided on site. The Locus is nonconforming only as to minimum lot size with the Locus containing about 43,559 square feet oflot area in a district that requires a minimum lot size of 80,000 square feet. The Premises is located at 17 FOLGER AVENUE, Assessor's Map 80, Parcel 151 , Plan Book 17, Page 50. The property is zoned Liminted-Use-General-2. 2. The Decision is based upon the Application and the material submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation. There 'were no letters on file in favor of or in opposition to the Application. 3. The Applicants represented that they acquired the Locus in 1992. At the time of purchase, the Lot was vacant. Applicants constructed a single-family dwelling on the Locus with a ground cover of 1083:t square feet. Applicants' Lot is benefited by a grant of Variance relief in the Decision in BOA File No. 073-93, which validated the Lot as a separately marketable and buildable lot from the lot immediately to the north, which had merged due to the expiration of the freeze period on the subdivision. The Lot is situated within a large one-acre subdivision in a two-acre zoning district. Said relief was granted based upon the following condition: "that the lot be limited to one dwelling or one dwelling unit with a maximum total ground cover of all structures on the lot as 1,500 SF as defined in Section 13 9- 2( a) of the Zoning By-law." Had Applicants' lot been a lot-of-record, they would have been entitled as a matter ofright to either a maximum ground cover of 1,500 square feet or 4%, whichever is greater. Due to the aforementioned condition, Applicants are now before this Board to seek a Modification to allow construction of a secondary dwelling that would raise the total ground cover on the Lot to 1,483:t square feet, still below the maximum allowed in the original Decision. Based upon the area of the Lot, i.e., 43,559:!::..-square feet, Applicants would have been allowed to construct up to l744:t square feet of ground cover. Applicants presented a map of the neighborhood that indicated that there were several similar one-acre and two-acre lots with two dwelling units and ground cover in excess of what they were requesting. Applicants represented that theirs was the only lot that had such a restriction on it. 4. Based upon the foregoing, the Board considered the equities in the case as well as the request for a Modification ofthe Variance granted in the Decision in BOA File No. 073-93. After considering the equities involved, the Board finds that the desirable relief may be granted without substantial detriment to the neighborhood specifically and the public good in general and without nullifying or substantially derogating from the intent or purpose of the By-law. The Board further finds that there is sufficient uniqueness concerning the Locus, and that owing to circumstances relating to this Lot, but not affecting generally the zoning district in which it is located, that a literal enforcement ofthe provisions of the Zoning By-law would involve substantial financial hardship to the Applicant. 5. Accordingly, by a vote of four in favor (Waine, Loftin, Wiley and Murphy) and one opposed (Sevrens), the Board GRANTS the requested MODIFICATION of the VARIANCE relief granted in the Decision in BOA File No. 073-93, to allow the construction of a secondary dwelling, that would meet all setback requirements, with the required parking provided on site. Relief is hereby conditioned upon the following: a. The maximum ground cover on the lot shall be 1500 square feet without further relief from this Board; and b. The secondary dwelling shall be limited to year-round rental. /7 /// ~.' ./~. L-~--_.- Edward M-rirphy \~!A~ \:~~ Nancy Sevrens / .. 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, OCTOBER 18, 2002, IN THE CONFERENCE ~. R,OOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: MICHELE AND LEWIS KELSEY BOARD OF APPEALS FILE NO. 067-02 Applicants are seeking a MODIFICATION of the VARIANCE granted in the Decision in BOA File No. 073-93. Applicants propose to construct a conforming secondary dwelling on their Lot that would result in a total ground cover of about 1,483 square feet, less than the maximum allowed of 1,500 square feet for undersized lots in this district. Parking would be provided on site. The Locus is nonconforming only as to minimum lot size with the Locus containing about 40,000 square feet oflot area in a district that requires a minimum lot size of 80,000 square feet. The Premises is located at 17 FOLGER AVENUE, Assessor's Map80, Parcel 151, Plan Book 17, Page 50. The property is zoned Liminted-Use-General-2. TillS NOTICE IS AVAILABLE IN L ALTERNATIVE FORMATS. PLEASE FURTHER INFORMATION. GE PRINT OR OTHER ALL 508-228-7215 FOR ~'.'~~ YOn! J.-89 .', . ..... .. ~~OCXE~ ZO~~G SO~ OY ~~ZALS ~owu ~D. CO~~~ SO~LP~~G ~~e WW'l'tl'CD':, )0\ O~SS" CASE No J...JJLL. ~ ~~~LYC~TrON ~OR RBLYB? ;;~ Owne:r:'s n~e 'S) I f: .K&U1nq e.cld~esa I \11'~PUO~t'5 n~GI '. '. KlU1n; &cld~esa I 1A~t1on ot J,ot; AsaeIGP~I\i ~~p &n~ pnoeJ, n\Ullbe~ @.. /S'I .'SQ..t &c1~~sa; I . ~1a~ %Anc1'C't 'Pla.n, J,~ ~ fl.,g ~ PJ,&n rUe ,.7 ---0 l:Iot..i3... . " . .~, ~te 1.0~. &o<iU~~ec1; /.1; iJ!J e~c1 ~et ~..L2J zoning' c11st~iot ~ ~ , Un. on lot ... ,o'o.e~oi&1;' None y o~ HCD? _ . . ~ n~8~ ot; c1'WellinlJs~ c1upJ.e~_ ~pe.~Q?ents_ ~ental roolUs_ aU11cU.n;'c1&t.(5); &11 pre-8/72? _ o~.~ . C ot 01_ ~lc1in; "8~1t &pp1'n. Nos. CU. Noa. ioU., SoA ~ppJ.io~t10ns, 1~W5Uit5; 61 . \ .stat. tullY &11 ;;on1n; :;-.11.: .0U'itAt a.nc1 ~85peo-tlve code 5e ions wi aw,not10u, .peo~no~lly wh&t you propose 0 mp,=lilc1 to pref~mt aM what ~q~ you ~'it. tor BQA -tq _};. each :nC!..n'it per Seo.....on U''''~3A __ ~~ V~~ano., ~~$"'~OA ~t & Speo1&1 P~t 'l&nd ~3$"'33A t: to &lt~ o~ ext.nc1 & nonoon1o~n'it use). It appe&l per ~39-32A ';-B ~ , attach ~eob~Qn Qr ord.~l. appedec1. OK to at-taoh ac1c1enc1ulIl . , ~ <:7l;\lL ~ . < ~ YY'oW'fr ~ccd/mt a4~. ~'cn,.,-Vi0 ~~t~. ~?-qgiYJ&rt~ ~t'Aoof ~d~~~~~~~~t//:j;jliit. ~ CJJ>1t< 0 ')~~.p <ROK2.0 /f'O ,ti/lwm /f?n 1'0/ 9@)'i)rld('oNA.j;li8\3z ""lpx/J{AD./fl /StJo a1f~ :tllU .n~onc1 ... p ot tllb 'Appl1o&t1onl o~c1.arJ. ac1c1enc1u=2_ . tocua =a~ stte plan showin9 p~8'8nt +planneQ atruotures , . '~Of' ~liUii)>>~e..nt__ Piopon~ elevatIOn. ~(aDC ~pp~ovec1?__). 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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. 00QQ 0 (JD~D . Chairman Dale W. Waine rc: Town Clerk Planning Board Building Commissioner TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Map 80 Parcel 151 17 Folger Avenue LUG-2 . At a Public Hearing of the ZONING BOARD OF APPEALS Held at 1:00 P.M., Friday, July 16, 1993, in the Town and County Building, Federal and Broad Streets, Nantucket, Massachusetts, on the Application of MICHELE SILIN of P.O. Box 3277, Nantucket, MA 02584, Board of Appeals File No. 073-93, the Board made the following Decision: 1. The Applicant is appealing the denial of her building permit application by the Nantucket Building Commissioner pursuant to Section 139-31A(I) of the Zoning By-Law and seeks a finding that the Variance granted in ZBA File No. 004-91 to Diana Heller, her predecessor. in-title, had been duly exercised within the one year period required by Section 139-32(1) of the By-Law. Alternatively, the Applicant seeks a Variance under Section 139-32A from the intensity regulations of Section 139-16A, for minimum lot area and frontage. The Applicant's lot contains approximately 40,000 SF and the minimum lot size requirements for the Limited Use General-2 zoning district is 80,000 SF. The premises are located at 17 Folger Avenue, Assessor's Map 80, Parcel 151 as shown in Plan Book 17, Page 50. 2. Our findings are based upon the Application papers, correspondence, plans, representations and testimony received at the hearing. No letters of objection from any abutters were received and there was an unfavorable Planning Board recommendation. As to the request for a finding, an opinion was submitted from Town Counsel, by the Building Commissioner supporting the Commissioner's position. It stated that the refinancing of one lot apart from the other lot did not duly exercise the variance within the required one year period that expired March of 1992. Applicant's predecessor-in-title relied on the refinancing as activating the Variance and the property was sold to this Applicant in December of 1992. After discussion, Applicant requested and was granted a withdrawal without prejudice, of her appeal of the Building Commissioner's denial of her building permit on the basis of the alleged expiration of the Variance granted in 004-91. 3. We find that the current Applicant meets the statutory criteria for a grant of Variance relief in this case, in the same manner as that of her predecessor-in-title, Diana Heller. There are specific circumstances related to the topography of this lot that do not affect other lots generally in the LUG~2 zoning district. Specifically, there is a significant slope on this lot towards (;)73-93) -2- Folger Avenue with the land in the LUG-2 zoning district being generally flat and the hummock or hill on the Applicant's property is rare in this district. We find that a Variance may be granted without substantial detriment to the public good and without derogating from the intent and purpose of the zoning By-Law. Specifically, we find that most of the lots in the Folger Avenue neighborhood, known as "Morgan Square", are approximatelY one acre in size and contain at least one single-familY dwelling if not two. The Applicant is willing to restrict her lot to one dwelling or dwelling unit with a ground cover no greater than 1,500 SF. This voluntary restriction limits significantly the intensity of the lot and corresponds to the intensity of the development in the neighbprhood. We find further that a literal enforcement of the minimum 'lot size requirements in this case would cause the App~ic~nt a significant hardship and preclude her from building her home on the lot. A grant of Variance relief is appropriate in this particular case. 4. Therefore, for the reasons set forth herewith, the Board, by a four (4) to one (1) vote (Balas voting in the negative) GRANTS the Applicant relief by VARIANCE under Section 139-16A, from the minimum lot size requirements so as to render her lot a separately, buildable and marketable lot on the condition that the lot be limited to one dwelling or one dwelling unit with a maximum total ground cover of all structures on the lot as 1,500 SF as defined in Section 139-2(a) of the zoning By-Law. Da ted: August (P , 1993 Mi (iJJ;/f) ~- Ann Balas TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: Augus t (p, , 19 93 CERTIFICATE OF GRANTING OF VARIANCE ~t~~~~ '(Massachusetts General Laws, Chapter 40A, Section 11) . The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies that p YARIANCE ~~YX~R~~K~~~KXhas been GRANTED: To:(Owner/Applican~) MICHELE SILIN (073-93) Address: P.O. Box 3277, Nantucket, MA 02584 affecting the rights of the Owner/Applicant with respect to land or building at: 17 Folger Avenue, Assessor's Map 80, Parcel 50, as shown in Plan Book 17, Page 50, Lot 3 Deed Reference: And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the VARIANCE ~~~~~X~~~XXX~~~~Xand that copies of the Decision and of all plans referred to in the Decision have been filed with the Planning Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of the Owner/ Applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no VARIANCE >>>>>>X~YX~%XX~~~XX or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until. (a) a copy of the Decision is certified by the Town Clerk that TWENTY (20) days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Deeds for the County of Nantucket and indexed in the grantor index under the name of the Owner of Record or is recorded and noted on the Owner's Certificate of Title. The fee for such recording or registering shall be paid by the Owner/Applicant. CLMAQ c1o?fJJ1- Clerk ~ 3./Jo RECEIVED BOARD OF ASSESSORS Town of Nantucket SEP 1 8 2002 ZONING BOARD OF APPEALS TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MA TIER OF THE PETITION OF !Iv.. / . CCg 0 0 PROPERTY OWNER....... ..... (jLa.ili2.... ... ..... ........ . -'(2 P-ij. 1- rj. 9 MAILING ADDRESS............ i"""" ...:....... T'...... :...... .. ............... PROPERTY LOCATION........... 7.........'ftz..... f}.e1...... (Q.. ..+... ASSE,SSORS MAP/PARCEL..... .go (i.s;J;................................... APPLiCANT....,.,...,..., .Jo..~~.."..,.............,...."."...,.,"',..,..,' SEE AITACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting prope~y. owners of land directly 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 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) ~,~,.~,'I.,0t?L?C;V ~.l2~ DATE ASSESSOR'S OFFICE Town of Nantucket ~~m~.~~~~m~~~~~mm~X ~~~~~.~~~~~~~~.~~~~~ \D ...... IV .t> ...... IV o o u ..... 00 ~_~~,~~~~~~~_~~~~~~~r ~~G~~D~~~~.~~~OD>>~ 0 ~~~~>>om~~UW~D~m " ~ n -X.~ __ -43 -r' n _ 1'1 ~.~ -<+J ~ ~ -t' 0 +t l O' 0 x 001" .. -=-= 00 0 > 0 :( -t'. 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