HomeMy WebLinkAbout074-02
TOWN:OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: D-eJ~.QjJ'\~ 1\ ' 2002-
To: Parties in Interest and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: OJ tf--02-
'Owner/Applicant: eJ~h()(LQ s. +Hers) ::Jr. ('~Y)cQ
Sp ~(jv?,lette- ,rh. N1eks
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.
(j( ~j;cY~
J\) QJ)\ ~ Illr\DJ 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.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 75, Parcel 57
10 Old Tom Nevers Road
Limited Use General-3
Land Court plans:
5004-D, Lots 92, 93 and 94;
5004-35, Lots 698 and 699
Certificate of Title No. 18393
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, November 15, 2002, 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 RICHARD S. HICKS, JR., and
JEROMETTE M. HICKS, c/o Reade, Gullicksen, Hanley & Gifford, LLP,
Post Office Box 2669, Nantucket, Massachusetts 02584, File No.
74-02:
2. The applicants are seeking relief by VARIANCE under
Nantucket Zoning By-law ~139-16.A (Intensity Regulations - Ground
Cover) to validate existing ground cover. The applicants
constructed a new shed under a duly-issued building permit, which
shed was to have ground cover of 120 square feet upon the subject
lot (the "Locus"), which contained their existing two- family
dwelling. Although the foundation measured 10' x 12', the ground
cover measurement is taken from the finish wall, per the
definition of ground cover contained in Zoning By-law ~139-2.
The actual ground cover of the shed, as determined by an as-built
survey, is about 127 square feet. Under the ground cover
definition in ~139-2, sheds of less than 121 square feet are
excluded from the definition of ground cover; larger sheds are
entirely included in the determination of ground cover. The
Locus is nonconforming as to lot size, containing about 34,115
square feet in lot area, in a zoning district in which minimum
lot area is 120,000 square feet; as to use, with two-family
dwellings being prohibited in this zoning district; and as to
ground cover, with the dwelling upon the Locus having ground
cover of about 1,857 square feet in a district where maximum
ground cover for a nonconforming lot of record is 1,500 square
feet or 3% of lot area, whichever is greater (in the case of the
Locus, 1,500 square feet). The Locus is situated at 10 OLD TOM
NEVERS ROAD, Assessor's Map 75, Parcel 57, consists of Lots 92,
93 and 94 on Land Court Plan 5004-D and Lots 698 and 699 on Land
Court Plan 5004-35, and is in a Limited Use General-3 zoning
district.
3. Our
accompanying
received at
decision is
materials,
our public
based upon the
and representations
hearing. There was no
application and
and testimony
Planning Board
1
recommendation, on the basis than no issue of planning concern
was presented. Except for the applicants' presentation, there
was no support nor opposition presented at the public hearing.
The closest abutter, Nantucket Conservation Foundation, Inc.,
indicated that it had no objection ~o the granting of relief.
4. As presented by the applicants ' representative, after
the 1999 amendment to the definition of Ground Cover Ratio in
Nantucket Zoning By-law. ~139-2, which provided an exclusion from
ground cover for a shed of not more than 121 feet in ground cover
on a residential lot, the applicants proceeded to purchase and
install a prefabricated shed having dimensions of 12 feet by 10
feet, thus putatively having ground cover of 120 square feet.
Prior to passage of this amendment, no shed could have been
constructed upon the Locus, as the pre-existing two-family
dwelling thereon already exceeded the maximum ground cover of
1,500 square feet for this undersized lot of record. However,
this calculation failed to take into account the fact that the
shed was shingled, and when an as-built survey of the Locus was
obtained (being the plan by Charles W. Hart & Associates, Inc.,
dated May 6, 2002, revised October 25, 2002, a reduced copy of
which is attached hereto as Exhibit A), this survey showed the
shed as having ground cover of 1271 square feet. Accordingly,
the Zoning Enforcement Officer issued a Violation Notice with
respect to the Locus on October 9, 2002, on the basis that the
shed was not eligible for the exemption from ground cover. The
applicants brought this proceeding pursuant to the suggestion
contained in the Violation Notice, to request variance relief to
validate their unintentional zoning violation resulting from the
unexpected determination that their 12' x 10' shed actually had
ground cover of 127 square feet.
5. Based upon the foregoing explanation, and the fact that
the Board members considered that the shed had little impact on
the neighborhood, the Board of Appeals made the finding that with
specific reference to the subject shed, owing to circumstances
relating to the shape of the subj ect shed and not affecting
generally the zoning district in which the Locus is situated, a
literal enforcement of the provisions of the Zoning By-law would
involve substantial economic hardship to the applicants, and that
desirable relief may be granted as requested without substantial
detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of the Zoning
By-law. Accordingly, by UNANIMOUS vote, GRANTED the requested
relief by VARIANCE from the ground cover requirements contained
in Zoning By-law ~139-16.A, to validate the present ground cover
of about 1,984 square feet, upon the condition set forth in
Paragraph 6.
6. The relief hereby granted is upon the condition that, in
the event that the shed were to be removed from the Locus, the
2
available ground cover for the Locus would be limited to the
maximum ground cover of the existing two-family dwelling, l.e.,
about 1,857 square feet.
Dated:
t>ecember 1, 2002
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ZONING CLASSIFICATION: . 1-0. Go ~3
lAIN. AREA: . . . . /~Q.I.QqO.5.E
lAIN. fRONTAGE: . . . . . .x;.QO.?T-
FRONT YARD S.B.: . . . . . .35;:-r
Rt;.R & SIDE S.B.: . . . . . /9.(;-
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TO: C1r.9? COP L34K/<. ~.r~t..!!?T.
I CERTIfY. TO THE BEST Of llY KNOWlEDGE. THAT }HE PREWSES
SHOWN ARE LOCA'TED IN flOOD H.QAAO ZONE: . .,),( . ..DEUNEAlED
ON F JJtIL / COWlUNI1Y PANEl. NUliBER: 250230-00.':7.. 1>, BY
THE F'EDERAI. ElAERGENCY lW-lAGOlENT AGENCY. EFFECTIVE OATE
OF lW'S: JUNE J, 1986. AND }S PERlODICJJ.LY REVISED.
THIS PLOT PIM WAS PREPARED FOR MORTGAGE PURPOSES
ONLY AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT
SURVEY. THIS PIM SHOULD NOT BE USED TO ESTABUSH
PROPElID' UNES. fENCES. HEDGES OR AN'( ANCJLlARY
STRUCTURES ON THE PREMISES. THE PROPERlY UNES SHOWN
Rfl Y ON CURRENT DEEDS AND PIMS OF RECORD.
THIS PLOT PIM IS NOT A CERTlfICATION AS TO THE T1Tl.E OR
OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING
PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR
RECORDS OF THE TOWN OF NANTUCKET.
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MORTGAGE PLOT PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: 1".90' OATE:NA'Y ~L.zOO2..
Rev. 10- Z!)-oZ
Owner: ,f/~ S,..T{,i ..T'{;~QA1C.TT~ /'1:){I(.I(S
Deed: ~<7?"' /8" ~?:5 . Plan: ~ A~V~
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Tax Map: .7$'-.S7 . LocusP4'~k'''''' .
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CHARLES W. HART & ASSOCIATES. Inc.
SANFORD BOAT BUILDING
4-9 SPARKS AVENUE
NANTUCKET. !lASS. 02554-
(508) 228-8910 H-5.5::
C:\ C'M!\ lM'P
NOT TO BE RECORDED.
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 15, 2002, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
RICHARD S. HICKS, JR. AND JEROMETTE M. HICKS
BOARD OF APPEALS FILE NO. 074-02
Applicants are seeking relief by VARIANCE under Nantucket Zoning By-Law
Section 139-16A (Intensity Regulations - ground cover) to validate existing ground
cover. Applicants constructed a new shed under a duly issued Building Permit that was
to have a ground cover of 120 square feet on a Lot that contained their existing two-
family dwelling. Though the foundation measured 10' x 12' the ground cover
measurement is to be taken, as defined under Section 139-2, from the finish wall. The
actual ground cover of the structure was found upon an as-built being done, to be about
127 square feet. Under said Section, sheds ofless than 121 square feet are not counted for
ground cover purposes. The Locus is nonconforming as to lot size with the Lot
containing about 34,115 square feet of area, in a district that requires a minimum lot size
of 120,000 square feet; as to use, with duplexes being prohibited in this zoning district;
and as to ground cover with the Lot containing about 1,857 square feet in a district that
allow a maximum ground cover of 1500 square feet of 3%, whichever is greater.
The Premises is located at 10 OLD TOM NEVERS ROAD, Assessor's Map 75,
Parcel 57, Land Court Plan 5004-D, Lots 92, 93, 94 and Land Court Plan 5004-35, Lots
698 and 699. The property is zoned Limited-Use-General-3.
~k-e;J1/:r-
Nancy 1. Sevren , rman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
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BOA Form 1-89
NANTUCKET ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
October 24, 2002
Date
tJ7~ 02
CASE No.
APPLICATION FOR RELIEF
Owner's name(s): Richard S. Hicks, Jr., and Jeromette M. Hicks
Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP
Applicant's name: Same
Mailing address: 6 Young's Way, P.O. Box 2669, Nantucket, Mass. 02584
Location of lot: Assessor's map and parcel number 75-57
Street address: 10 Old Tom Nevers Road
Land Ct Plans 5004-0, Lots 92, 93, 94; 5004-35, Lots 698, 699
Date lot acquired: 5/29/98 Cert. of Title No. 18393 Zoning district LUG-3
Uses on lot - commercial: None x or MCD?
- number of: dwellings l duplex ~ apartments rental rooms
Building date(s): all pre-8/72? ~ or C of O? Yes
Building Permit appl'n Nos. 466-99; 471-01
Case Nos. all BoA applications, lawsuits:
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
139-32A ~ if Variance, 139-30A if a Special Permit (and 139-33A
if to alter or extend a nonconforming use). If appeal per 139-31A
& B , attach decision or order1 appealed. OK to attach addendum2
The applicants request a Variance from the provisions of Nantucket Zoning
By-law ~ 139-16.A (Intensity Regulations) in order to validate the
construction of a shed containing about 127 square feet in ground cover.
The subject property (the "locus") is a pre-existing lot of record contains
34,115i square feet in lot area, in the Limited Use General-3 zoning
district in which minimum lot area is 120,000 square feet, with maximum
ground cover under ~ 139-33.E(2) (a) being the greater of 3% of lot area or
1,500 square feet; thus, the maximum permitted ground cover upon the locus
is 1,500 square feet. The duplex dwelling upon the locus has ground cover
of 1,857i square feet, and pre-exists the Nantucket Zoning By-law as a
nonconforming structure. The applicants obtained a building permit in 1999
for a shed to contain 120 square feet in ground cover, which under ~ ~t-~
(Definitions, Ground Cover Ratio) is excluded from the calculation of
ground cover as a shed containing not more than 121 square feet. The shed
as constructed measured 12' x 10', but the shingles on each wall add about
two inches, resulting in actual ground cover measured from the exterior of
the shingles being 127 square feet, as shown upon the site plan submitted
herewith. The applicants therefore request Variance relief to validate the
structure as constructed. See letter dated October 9, 2002, from the
Zoning Enforcement Officer filed with this application.
2
Items enclosed as part of this Application: order1x addendum2
~ -... .....,'-.y.'-
Locus map ~ Site plan x showing present ~ + planned ~ strsp!~resE5
Floor plans present ~ proposed ~ elevations ~(HDC appro~~tl? )~
Listing lot area x frontage x setbacks x GCR x parking dat?:~x' ~
Assessor-certifie2 addressee-list 4 set; x maIling labels ~!~ets x
$200 fee payable to Town of Nantucket x proof3 'cap' covenant- -0
1 (I f an appeal, as k Town Clerk to send Bldg Comr's record tc:i~~lmA.) w
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I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of p~ry, ~
SIGNATURE: ~~ ~ Applicant Attorney/agent x
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3(If not owner or owner's attorney, enclose proof of authority)
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FOR BoA OFFICE USE
Application copies rec'd: 4~: for BoA on !d/ 1f7~y /~t1
One copy filed with Town Clerk on IO/3d/~y 7J)1~-complete~
One copy each to Planning Bd and Building D~t_-I~~_! by tm
$200 fee check given Town Treasurer on ~/~/~y waived? _~
Hearing notice posted &)~/Q2.Jn€1iled 1L/ -.L/~I & M It; 3}/ a, /1121C1U
Hearing(s) on / / cont'd to / / / / withdrawn? I I
Decision due by 7 ~/ ~ made ~/=/= filedTC 7 __I ~ mailed~/ ~/ ~
See related cases lawsuits other
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ZONING CLASSIFICATION: . 1-0. G :3
tJIN. AREA: . . . . /~Q.I.QqO .f;.E'
MIN. FRONTAGE: . . . . . .~QO..J:Z-
FRONT YARD S.8.: . . . . . Js,;:r
REAR & SIDE 5.8.: . . . . . /9.(:;-
GROUND COVER (7.): . . . . . J . <%-0
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TO: CAt??Co..?? D~( 4".T~(/';;T. . . .
I CERTIFY, TO THE BEST OF UY KNOWlEDGE, THAT THE PREUISES
SHOWN ARE LOCATED IN FLOOD HAZARD ZONE: . . /.\. . .,DEUNEATED
ON F.I.R.U. / COWAUN\lY PANR NUUBER: 250230-00. 7: . D, BY
THE FEDERAL EUERGENCY MANAGEUENT AGENCY. EFFECTIVE DATE
OF UAPS: JUNE J, 1986, AND }S PERIODICALLY REVISED.
THIS PLOT PlAN W~ PREPARED FOR MORTGAGE PURPOSES
ONLY AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT
SURVEY. THIS PlAN SHOULD NOT BE USED TO ESTABLISH
PROPERTY UNES, fENCES, HEDGES OR ANY ANCJLlARY
STRUCTURES ON THE PREMISES. THE PROPERTY UNES SHOWN
RELY ON CURRENT DEEDS AND PlANS Of RECORD.
THIS PLOT PlAN IS NOT A CERTIFICATION ~ TO THE TITLE OR
OWNERSHIP OF THE PROPERlY SHOWN. OWNERS OF ADJOINING
PROPERTIES ARE SHOWN ACCORDJNG TO CURRENT ~SESSOR
RECORDS OF THE TOWN OF NANTUCKET.
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MORTGAGE PLOT PLAN
OF lAND IN
NANTUCKET, MASS.
SCALE: 1-= ~O ~ DATE:N4Y 0L,.2'00,Z
Rev. /0 - ;(,.!)- oZ
Owner: -1I.GfA'M $..J'~,(. ..m;f,OJ'1C.7I~ X:J(/9(S
Deed: ~~T;"" /8" :$9.:5 . Plan: ~ A'~V~
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Tax Map: .7.5:-.S.7. . Locus:C?.<...p!9'Y:'~A2i .
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CHARLES W. HART & ASSOCIATES, Inc.
SANFORD BOAT BtnLDING
49 SPARKS AVENUE
NANTUCKET, MASS. 02554
(508) 228-8910 H-5..5:
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NOT TO BE RECORDED.
Town' of Nantucket
Office of Zoning Enforcement
37 Washington St.:, Nantucket, MA 02554
Marcus Silverstein
Zoning Officer
P.it.508-325-7578
Ftix: 508-325-7579
VIOLA TION(S) NOTICE
October 9. 2002
Richard S. Hicks
P.O. Box 715
Siasconset, MA 02564-0715
Dear Mr. Hicks:
This office has filed a complaint pertaining to a violations of 9J 39-16 (Intensity
. Regulations)~ bfthe Nantucket Zoning Code, on your property at 1 Chase Ln. (Map# 21,
Parcel# 118.3).
The property at 10 Old Tom Nevers Rd. is 34, lIS-square feet in area, in a zoning dstrict
(Limited Use General-3, or LUG-3) that requires a minimum of 120,OOO-square fed of
area, As a lot that predates the zoning restrictions for that distriCt, and has more than
5,000-square feet but less than the required minimum, the maximum ground cover
allowed for the property is 3% of the lot area or 1,500-squarefeet, whichever is larger.
For 10 Old Tom Nevers Rd., the maximum allowable ground cover is 1,SOO-Squar~ feet.
The single-story duplex has a total of 1,857-square feet of ground cover; The exiS1jng
ground cover is protected under the provisions of ~ 139-33 of the Zoning Code, as l pre-
existing, nonconfonning structure. No increase of this nonconforming ground cover is
permitted without receipt of a variance issued by the Zoning Board of Appeals.
Zoning Permit #466-99 was issued for a 120-square foot shed. Section 139-2.
D~finitiQns, excl\loes .. : . . not more than one accessory detaChed shed Contaimng n(lt more
than i 21-gross square feet," from ground cover considerations. However, the .shed
constructed on your prc)perty measures 127 -gross square feet and is not eligible fo'; the
exemption.
You are hereby found in violation of ~ 139-16 of the Zoning Code, and are giyeo
thirty (30) days to comply with one of the following:
. Remov~ the shed from the property;
. Revise the shed to meet the originaUy permitted .ground 'Cover l()f 120-
gross square feet;
. Apply to the Zoning Board of Appeals for zoning relief (rontacl Linda
Williams, Acting-Administrator, 508-228-7215);
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Town of Nantucket
Office of Zoning Enforcement
37 Washington St., Nantucket. MA 02554
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Failure to address this D9tice will result in fines of up to SlOO.OOper each day the
violation continues, as allowed in ~139-25C(1) oftbe Zoning Code.
~srectfullY,
~Sl
Zoning Enforcement Officer
Town of Nantucket
cc: on file
Marcus Silverstein
Zon.ing Officer
Ph. 508~325-7578
Fax: 508-325~ 7579
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RECEIVED
BOMiD OF ASSESSORS
OCT 2 4 2002
ZONING BOARD OF APPEALS
";~.'~\1 OF
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LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
APPLICA
PROPERTY OWNER. .R.I.C.I..J.1V .I1.A.....:+J....:0. .~ ~Qi;1:?{:.?/~..... .(:I.<;l~
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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 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) .
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