HomeMy WebLinkAbout018-03
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
()\o vtk-
{r;
, 2003
To~ Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
fol.lowing:
Applica tion No.: Cl j g> /03
Owner/Applicant: Lou (f;- rE. Sw €a.'.H Onei, 2t€... ITv()rTe~
.
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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.
~CL'lfvSM ~~~
Non~i SelJ. ~') Cbairman
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND V^RIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
I
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 82, Parcel 72
5 Davis Lane
Limited Use General-2
Land Court Plan 36551-B
Lot 11
Certificate of Title No. 18738
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, February 14, 2003, 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 LOUIS B. SWEATLAND, JR., Trustee
of SOUTHFORK TRUST, c/o Reade, Gullicksen, Hanley & Gifford, LLP,
Post Office Box 2669, Nantucket, Massachusetts 02584, File No.
018-03:
2. The applicant is seeking relief by VARIANCE from the
provisions of Nantucket Zoning By-law ~139-16.A (Intensity
Regulations - Ground Cover), in order to ratify and confirm the
status of the existing dwelling with connected garage, built in
about 1984 by a prior owner of the subject property (the
"Locus") ,and having ground cover of about 1,587 square feet, in a
zoning district in which the maximum ground cover for an
undersized lot of record is the greater of 4% of lot area or
1,500 square feet. The lot area of the Locus is about 30,742
square feet, so the applicable maximum ground cover for the Locus
is 1,500 square feet. In addition, the applicant requests that
the relief granted include the ability to alter the structure
within its existing footprint. The applicant proposes to make
alterations, including a new shed dormer and a second-floor
connector between the dwelling and garage portions of the
structure, without changing the footprint or ground cover. The
Locus is nonconforming as to lot area, the minimum lot size in
this Limited Use General-2 zoning district being 80,000 square
feet. In addition, the Locus is nonconforming as to frontage,
having about 135 feet of frontage on Davis Lane, with minimum
frontage in this zoning district being 150 feet. The Locus is
situated at 5 Davis Lane, Assessor's Map 82, Parcel 72, is shown
on Land Court Plan 36551-B as Lot 11, and is in a Limited Use
General-3 zoning district.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. The Planning Board made no
recommendation because it determined that no matter of planning
concern was presented. There was no support nor opposition
presented at the public hearing.
4. As set forth in Paragraph 2 above, the Locus is a pre-
existing, nonconforming lot of record, and maximum ground cover
1
applicable both at the time that the existing dwelling was
constructed in 1984 and the present is 1,500 square feet. The
present structure upon the Locus was constructed under two
building permits, 3541-84 for the dwelling (apparently a reissue
of 1933-81) and 2445-82 for the garage. Total ground cover was
stated in the application for building permit 2445-82 to be 1,339
square feet; nevertheless, actual ground cover as shown upon the
Mortgage Plot plan by Charles W. Hart & Associates, Inc., dated
July 26, 2001, a reduced copy of which is attached hereto as
Exhibit A, is 1, 587:t square feet. No Certificate of Occupancy
has been issued for the structure upon the Locus.
5. The applicant, who purchased the Locus in 1986 after the
existing structure had been constructed, recently applied for a
building permit to perform certain work upon the structure
without changing its footprint or ground cover. This request was
denied by the Zoning Enforcement Officer, who directed the
applicant to apply to the Board of Appeals for relief.
6. Notwithstanding the zoning violation which was created
by the construction of the present structure with ground cover in
excess of 1,500 square feet, the structure is allowed to remain
permanently upon the Locus by virtue of M.G.L., c. 40A, ~7, and
Nantucket Zoning By-law ~139-25.C(3), because it was constructed
before 1986, and thus the violation has been in existence for
more than ten years and no enforcement action was undertaken
during this ten-year period.
7. As presented by the applicant, the proposed alterations
to the existing structure will not affect any aspect of its
nonconformities, and will involve construction of new dormers and
a second-story connection between portions of the structure
without increasing the ground cover. These alterations have been
approved by the Nantucket Historic District Commission ("HDC")
under Certificate of Appropriateness No. 40058.
8. Based upon the fact that the existing structure is
entitled to remain in existence, and there has been no objection
to its existence or use, the Board of Appeals, by UNANIMOUS vote,
made the finding that with specific reference to the subject
structure, owing to circumstances relating to the shape and
topography of the structure, being an existing structure
protected against enforcement, 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 applicant, 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, and GRANTED the requested relief by VARIANCE from the
ground cover requirements of Zoning By-law ~139-16.A, to validate
the existing structure and to permit its alteration within the
existing footprint as proposed, subject to the following
conditions:
2
. .~t8~.G CLASSIFICATION: .~'I.!,.G.. -~-,
''MIN: AREA: . . , ?J~~.oP {i..P' .
MIN.: FRONTAGE: . . /F,o, F7 . .
fRONT:YARD S,8.: . . :3.5; r.7~ .
REAR de SIDE S.8.: . . -{.t}'. F;"''[.'. .
GROUND COVER (1;): . .~, ~ . . .
EXISTING:
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I CERTIFY, TO THE BEST Of I.IY KNOWLEDGE. THAT THE PREJ.lISES
SHOWN ARE LOCATED IN FLOOD HAZARD ZONE: .".G '; . .,DEUNfATED
ON f.I.R.I.t. / COI.II.IUNllY PANEL NUMBER: 250230-00 .~~ . .E; BY
THE F!DERAl EI.IERGENCY LlANAGEl.tENT AGENCY. EFfECTIVE DAn::
Of I.tAPS: JU~E 3, 1986, AND }S PERIODICALLY REVISED,
THIS PLOT PlAN WAS PREPARED fOR MORTGAGE PURPOSES
ONLY AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT
SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABUSH
PROPERTY UNES, fENCES, HEDGES OR ANY ANCJLlARY
STRUCTURES ON THE PREMISES. iHE PROPERTY UNES SHOWN
RElY ON CURRENT DEEDS AND PLANS OF' RECORD.
THIS PLOT PLAN IS NOT A CERTIACATlON AS TO THE TITlE' 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 PLt\N
OF lAND IN
NANTUCKET, MASS.
SCALE: 1"= 0-C" DATE: 7-;?(,-;?,CO/
Owner: ,/yc?,=</f". ~'. ',:;:-1:' ,;:,:'- ~- ",,:,.;r -::- ~ -!-,,;- '.T.R-
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Deed: , . (8,.7.,36 _ . .
Tax Mop: . ~'~. ?"~.
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Plan: ~:~:'-, :..~-:~-'-::.!. :' -:'
Locus:-:l.- .:P''.','," ~.'';' ':-
CHARLES W. HART & ASSOCIATES, Inc.
SANFORD BOAT BUILDING
49 SPARKs AVENUE
NANTUCKET, MASS. 02554
(506) 226-8910 H--15-10
C: J CWII\lf>P
NOT TO BE RECORDED.
(a) The alterations shall be constructed in
substantial conformity with the plans approved by the HDC under
Certificate of Appropriateness No. 40058, as it may be amended.
(b) No additional structures, and no alterations which
would result in changes to the ground cover or footprint of the
existing structure as shown upon Exhibit A, shall be constructed
or placed upon the Locus without further relief from the Board of
Appeals.
(c) The construction or placement upon the Locus of a
shed not exceeding 121 square feet in footprint area, and thus
exempt from the calculation of ground cover by virtue of the
definition of "Ground Cover Ratio" under By-law ~139-2, lS
expressly prohibited. (Other features expressly excluded from
the definition of ground cover, such as decks, are not hereby
prohibited and may be constructed without further relief from the
Board of Appeals if in conformity with setback, height and other
dimensional requirements then effective.)
Dated:
March
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2003
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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, FEBRUARY 14,2003, IN
THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON
STREET, NANTUCKET, MASSACHUSETTS, ON THE APPLICATIONS OF
THE FOLLOWING:
LOUIS R. SWEATLAND, JR., TRUSTEE OF SOUTHFORK TRUST
BOARD OF APPEALS FILE NO. 018-03
Applicant is seeking relief by V ARIANCE under Nantucket Zoning By-law
Section 139-16A (Intensity Regulations - ground cover), in order to ratify and confirm
the status of the existing dwelling with connected garage, built in about 1984 by a prior
owner of the Locus, and having a ground cover of about 1,587 square feet, in a district
that allows a maximum of 1,500 square feet for undersized lots. In addition, Applicant
requests that the Variance relief include the ability to alter the structure within its present
footprint. The Applicant proposes to make alterations, including a new shed dormer and a
second-floor connector between the dwelling and garage portions of the structure,
without changing the footprint or ground cover ratio, In addition, the Locus is
nonconforming as to lot size, with the Lot containing about 30,742 square feet of area, in
a district that requires a minimum area of 80,000 square feet; and as to frontage with the
Lot having about 135 feet of frontage along Davis Lane, in a district that requires a
minimum frontage of 150 feet.
The Premises is located at 5 DAVIS LANE, Assessor's Map 82, Parcel 72, Land
Court Plan 36551-B, Lot 11, The property is zoned Limited-Use-General-2.
TillS NOTICE IS A V AILABLE IN LARGE RINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
BOA Form 1-89
NANTUCKET ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
January 8, 2003
Date
OJ fl-03
CASE No.
APPLICATION FOR RELIEF
Owner's name(s): Louis R. Sweatland, Jr" Trustee of South fork Trust
Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP
Applicant's name: Same
Mailing address: P. O. Box 2669, Nantucket, Massachusetts 02584
Location of lot: Assessor's map and parcel number 82-72
Street address: 5 Davis Lane
Land Court Plan 36551-B, Lot 11 Zoning district LUG-2
Date lot acquired: 1985; placed in trust 1998 Cert. of Title No~38
Uses on lot - commercial: None or MCD?
- number of: dwellings 1 duplex apartments rental rooms
Building date(s): all pre-8772? or 1984 C of O?~o
Building Permit appl'n Nos. 2445=82 (garage); 3541-84 (dwelling)
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 x if Variance, 139-30A if a Special Permit (and 139-33A
if to-alter or extend a nonconforming use). If appeal per l39-31A
& B __, attach decision or order' appealed, OK to attach addendum2
The applicant requests a Variance from the provisions of Nantucket Zoning By-law
~139-l6.A (Intensity Regulations - Ground Cover), in order to ratify and confirm
the status of the existing dwelling with connected garage upon the locus, built in
about 1984 by a prior owner of the locus, and having ground cover of about 1,587
square feet. The locus is a pre-existing, nonconforming lot of record with lot
area of about 30,742 square feet in a zoning district in which minimum lot area is
80,000 square feet. Under ~139-33,E(2) (b), the applicable maximum ground cover is
the greater of the amount calculated by using the applicable ground cover ratio,
in this case 4% of lot area, or 1,500 square feet. The structure is conforming
wi th all other dimensional requirements of the By-law. As to the ground cover
issue, the structure is now protected against zoning enforcement by M.G.L., c.
40A, ~7, and by Nantucket Zoning By-law ~139-25 (C) (3), because it has been in
existence for more than ten years and no enforcement action has been commenced,
In addition, the applicant requests that the Variance relief include the ability
to alter the structure within its present footprint. The applicant proposes to
make alterations, including a new shed dormer and a second-floor connector between
the dwelling and garage portions of the structure, within the existing footprint
and accordingly without change to the existing ground cover and accordingly not
creating any new zoning nonconformity nor increasing any existing nonconformity.
Items enclosed as part of this Application: order' addendum2
Locus map ~ Site plan x showing present x + planned x structures
Floor plans present -proposed x elevations x (HDC approved? Yes)
Listing lot area x frontage x setbacks x GCR x parking data x ---
Assessor-certified addressee-list 4 sets x maIling labels 2 sets ~
$200 fee payable to Town of Nantucket x p~oof3 'cap' covenant
'(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.)
r certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of per~~; ~
SIGNATURE: ~) ~ l Applicant Attorney/agent ~
I'
3(If not owner or owner's attorney, enclose proof of authority)
FOR~A OFFICE USE
Application copies rec'd: 4~or -+ f~f BoA on / I~O'?bY fI):
One copy filed with Town Clerk on -1-/2L/CJ2 by complete?
One copy each to Planning Bd and BUlldinJ~D~pt _ / / by
$200 fee check given ~~ Treasurer on/'~~(~ by w ived~
Hearing notice posted Ll--1-/~ailed _/~/I I & M /~ ~&
Hearing(s) on / / cont'd to / /, / w thdfawn? .
Decision due bY- -; -; made __/==/== fIle~TC- -;__/__ mailed-=-/__/__
See related cases lawsuits other
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MIN. FRONTAGE: . . /{J,o. F:~ . .
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TO: . , .1q(I(~?!-c.;:<~;:.$;1:I\~!(. . . , . , . . .
I CERTIFY, TO THE BEST Of MY KNOWLEDGE, THAT THE PREMISES
SHOWN ARE LOCATED IN flOOD HAZARD ZONE: .".G '; . .,DEUNEATED
ON F.I.R.M. / COMMUNI1Y PANEl NUMBER: 250230-00 .../,cq . :e; BY
THE fEDERAL EMERGENCY LlANAGEMENT AGENCY. EFFECTIVE DATE
OF lIAPS: JU~E 3, 1986, AND IS PERIODICALLY REVISED.
THIS PLOT PLAN WAS PREPARED FOR MORTGAGE PURPOSES
ONLY AND IS NOT TO BE CONSIDERED A FUU INSTRUMENT
SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABUSH
PROPERTY UNES, FENCES, HEDGES OR AN'( ANCJlLARY
STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN
RElY ON CURRENT DEEDS AND PLANS OF RECORD.
'THIS PLOT PLAN IS Nor A CERTIACATION AS TO THE TITLE 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 PL..I\..'t\T
OF LAND IN
NANTUCKET, MASS.
SCALE: 1"= so' DATE: 7-,20-;Zo:J/
Owner: . -'YC?t:/:-s'. ~'. ,:;c'I:<,:;:1;' ,.,;,-:r:c t '-!r;- .,TR.,
.l:".C.Cfi:-R.7'. ~O"l'.I~'
Deed: , . ~B,.7.;Je, . . Pion: ~;::.<, ':"::"'...!'."-/ ;'"
Tax Mop: . ?~;!~. LocusA-.P,-:,:'.':-,--.'':'':-
CHARLES W. HART & ASSOCIATES, Inc.
SANFORD BOAT BtnLDrNG
49 SPARKS AVENUE
NANTUCKET, MASS. 02554
(508) 226-8910 H-15-'1-Q
C: J W>P
NOT TO BE RECORDED.
J/ 'I ,(;,!J
Town of Nantucket
o ^RECE~VED
uOnRD OF A0SESSORS
JAN 1 () 2003
ZONING BOARD OF APPEALS
.. TOVVN OF
NANTUC~ET, MA
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
PROPERTY OWNER.LQ~.\s..~.1Z,...SuJ.i'.o.Jl~hd.~Ir.).T<\)~ 0{ ~f;y~ Ir-J 5+
MAILING ADDRESS......... ,., ............... ....:...,... ......'..........., ,..,...,....,
PROPERTY LOCATION. ,. ,5..,.J!.(!.v.~S. ..lq/!:C.. ... .,. ... ,,'... ,...,..... ..,
A.SSESSORS MAPIPARCEL... ...tQ..2 .:-. .~.~........,..........................,..
A PPLICANT .l\.~.Q~4<;.. 01}. (./.i. (t'$~0. ./.. .+rnn!~.. ,1:, .~'F6. r..d.}. (tP
SEE ATTACHED PAGES
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 landJJwners 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) .
~{.~..,./ 3i.,. c:2. f?,()3
aATE -
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ASSESSOR'S OFFICE
Town of Nantucket
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