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Home My WebLink About104-07 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: January 14 ,2008 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: g Application No.: 104-07 Peter Eldridge ~,.. D~:~ ::::iE-"" 2', ;JJ Owner/Applicant: '- ::x:- ::z: f ~~\ l ' r--- r. --- VI a o (.j .sa. Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with 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 a complaint in Land 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. ~~ t?4AA ~~~) Michael J. O'Mara, Chairman cc: Town Clerk Planning Board BUilding Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-228-7215. NANTUCKET ZONING BOARD OF APPEALS TWO FAIRGROUNDS ROAD NANTUCKET, MASSSACHUSETTS 02554 Assessors Map 49.2.3 Parcel 55 R-2 44 Sankaty Ave Land Court Plan File No. 10-E, Lot 4 At a Public Hearing ofthe Nantucket Zoning Board of Appeals held at 1 :00 p.m., Friday, December 14,2007, at 2 Fairgrounds Road, Nantucket, Massachusetts, on the Application of PETER ELDRIDGE of 44 Sankaty Avenue, Nantucket, Massachusetts, Board of Appeals File No. 104-07, the Board made the following Decision: 1. The Applicant is seeking to divide his undersized lot (19,721 square feet in a zoning district that requires 20,000 square feet). Applicant's property contains 2 single family dwellings; both have been constructed in accordance with all applicable codes and both have certificates of occupancy. The undersized lot is unique in that it has over 75 feet of frontage on two streets - Meeting House Lane and Sankaty Avenue. The houses have individual driveways and Applicant lives in one house and rents the other. Applicant is proposing to divide his property so that he would have two separate lots. 2. Therefore, the Applicant is seeking a variance from the intensity regulations (Chapter 139, Section 16) to allow the creation of two undersized lots. One lot containing 5002 square feet of area with a dwelling having ground cover of 9382: square feet; and one lot containing 14,720 square feet of area with a dwelling having ground cover of 14922: square feet. The dwelling on the 5002 square foot lot would also require a reduction in front yard setback from 30 feet to 10.8 feet. 3. Applicant, through counsel, represented that this division would create a substantial asset without diminishing the quality and character ofthe neighborhood. The Planning Board made a negative recommendation finding that the Application would not be consistent with the character of the neighborhood and the Zoning Bylaw and would set an unfortunate precedent. There were abutter comments both in favor of and against the application in the file. The Zoning Enforcement Officer (ZEO) contended that there was no basis for relief A variance requires a finding that, "owing to the circumstances relating to the soil, conditions, shape or topography of the land that enforcement would involve substantial hardship, financial or otherwise." (Zoning Bylaw 139-32A) Subsequently, the ZEO thought that granting this relief would create a dangerous precedent in allowing grossly undersized lots to be created and sold. 5. Our Decision is based upon the Application and accompanying materials, representations and testimony received at our public hearing. Accordingly, at the hearing on December 14,2007, a motion to approve the requested relief was made based on the finding that the circumstances relating to the soil conditions, shape or topography of the land that enforcement would involve substantial hardship, financial or otherwise. Further, the Board found that granting the requested relief would not be consistent with the character of the neighborhood or the Zoning Bylaw and would set an unfortunate precedent. The Board voted one in favor and four opposed (1-4, Waine voted in favor) and therefore the motion to approve failed resulting in the Board voting AGAINST the requested VARIANCE, under Nantucket Zoning By-Law Section 139-32A. DATED: J~r Ir,2008 ) \c, \.%\Fr ~ COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. On this ---L.rctay of 08, before me, the undersigned Notary Public, personally appeared ~ , who is personally known to me, and who is the person whose na e is signed on the preceding or attached document, and who acknowledged to me that he/she signed it voluntarily for its stated purpose. ~d<e?/ $/Z/L Notary Public: ~hC.s.~ I<~ j\1()LJr--(' My commission expires: 3/~)/3 January --L1:..,L.008 FEE: $300.00 NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 APPLICATION FOR RELIEF CASE NO. lO~" 01 Owner's name(s): Peter Eldrid2e Mailing address: PO Box 324. Siasconset MA 02564 Applicant's name(s): Peter Eldrid2e Mailing address: PO Box 324. Siasconset MA 02564 Locus address: 44 Sankatv Avenue Assessor's Map/Parcel: 49.2.3 - 55 d -..J Land Court Plan/Plan Book & Page/Plan File No.: Plan File 10-E LQjjs'o.: ,j::z: ::E :':c Cl Date lot acquired: 05110/1980 Deed Ref./Cert. of Title: Bk 253. P2 31 Zoning:;District: ~ c, \0 Uses on Lot - Commercial: None Yes (describe) ~_; C -. ~ i Residential: Number of dwellings: 2 Duplex Apartments -" Rent~oo~-'~ - - -\.".J...~- Building Date(s): All pre-date 7/72? or C of <9(s)? yes...x Building Permit Nos: 5170-87: 2003-0898 ~ ['T' .. Previous Zoning Board Application Nos.: None ...x When Applicant purchased the property in \, ~ 0 the area was zoned R-I requiring 5,000 square feet of lot area. Applicant's property contains 2 single family dwellings; both have been constructed in accordance with all applicable codes and both have certificates of occupancy. The lot is undersized, containing 19,721 square feet in a zoning district that required 20,000 square feet. The lot is unique in that it has over 75 feet of frontage on two streets, Meeting House Lane and Sankaty Avenue. The houses have individual driveways and Applicant lives in one house and rents the other. Applicant is unable tot work, having a degenerative back disease, and this real estate is his only significant asset. Applicant would like to subdivide his property so that he would have two separate lots. Applicant seeks a variance from the intensity regulations (Chapter 139, Section to allow the creation of two undersized lots. One lot containing 5002 square feet of area with ilwelling having ground cover of 938% square feet; and one lot containing 14,720 square feet of area dh a dwelling having ground cover of 1492% square feet. The dwelling on the 5002 square foot 10 ould also require a reduction in front yard set-back from 30 feet to 10.8 feet. SIGNATURE: Applicant Attorney/Agent_x_ (If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board) FOR ZBA OFFICE USE Application received on:_I_I_ By: Complete: Need copies?: Filed with Town Clerk:_I_I_ Planning Board:_I_I_ Building Dept.:_I_I_ By: Fee deposited with Town Treasurer:~_I_ By: Waiver requested?:_Granted:_I_I_ Hearing notice posted with Town Clerk:_1 _I _ Mailed:~ _I _ I&M:_I _I _ & _1_1_ Hearing(s) held on:_I_I_ Opened on:_I_I_ Continued to:_I_I_ Withdrawn?:_I_I_ DECISION DUE BY:_I_I_ Made:_I_I_ Filed w/Town Clerk:_I_I_ Mailed:_I_I_ DECISION APPEALED?:_I _I_SUPERIOR COURT: LAND COURT Form 4/03/03 ZONING CLASSIFICATION: . R-.Z. MIN. AREA: . . . . . If!P./::;~%, MIN. FRONTAGE: . . . . . . t...z,.M '. .' FRONT YARD S.8.: . . . . . -..;>P;f. REAR & SIDE S.8.: . . . . ./.a fV' GROUND COVER (70): . . /,(e:S: (Q -I- 50(PZ -~. r;- , ~ /~s1 ~ G?;3iS,F '0) /g,s%~ 939f.S,F ~9,:S_'z - 3. / )(/~ X,A-. VOLP;: //-1 ~-F /f/S-IZ "'), , ../- j/? It:, /8/ L( -5.r /01 3;: -: / i 9 :< 2-5~ ;::: EXISTING: /~741 ~ ~.r.:- .~.e-.P~ II . . . . . . . . . . . . .I{ I . . . 1/ . . . . . . I I . IL ).(ous~ LAN~ ....,1 , : \ ,Z.:5 'ot - --- l.r) "-.Si Lf9- 7(P,/ /'('/~ ..el(. &AIR \ I &77 w/;c , -. Ph/..e-~I /\10 _ _ (,'. c... -: 93' (]'*- .sF (POVNA4r/OIV ) / \ o " ~ _ u.:!. _ J5_'z_ ~ f\ ~ f ~9 - 7~Z X/IF ~, ~ s, W..e-'/..s::s / / / , , I PI':51'7N': ,.. 1?',8.. ~ I/::N.~K/N' ; I \\) I : I \ /' _.~ __J f ( I I I I I I ( I I :, :'/ ..' .. i. N, : J ..:~ / / \ SANKAry A v.c-. /EV /-3/-/.(007 BUILDING LOCATION PLAN OF LAND IN Np~NTUCKET, MASS. SCALE: 1.. -Y'O' DATE: OC7: JC..0;!?,O:J., Owner: ,P~T,e/R.. ~D.I<).o.~~. . . . . Deed: ,8K. U.::5 . ;::c:.. 31. Plan 8. 19-:~ !--97: 'Y Locus . .~~ .5.A,.A(~~TY .R.I;),. . . . . . CHARLES W. HART & ASSOCIATES, Inc. SANFORD BOAT BUILDING 49 SPARKS AVENUE NANTUCKET, MASS. 02554 (508) 228-8910 NOT TO BE RECORDED. H - 59/0 I CERTIFY, AS OF : . . . . .. . . . . . , THAT THE BUILDING(S) IS/ARE LOCATED ON THE GROUND AS SHOWN HEREON. PROFESSIONAL LAND SURVEYOR THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A PROPERTY LINE SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABUSH PROPERTY LINES. FENCES. HEDGES, OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERTlACATlON AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. ASSESSOR MAP: ~~tG.:..? . PARCEL: .S:..:$". C:\JOBS\CW!-t\BLP ~~1"__l:J"",--< ~l:l1 "'<;O0>!_'~- ._.."'~'4,,,* .... ,. .... .. .. .. =: .. ~ i'I "'l ~ '" ... ~ " N ~ :'I @ l:l .. .. :;; AVENUE ;;0 .. .. .. .. .. ~ t: .. ~'4 ~, '!,.~ .... ~.. .. ".,. . . \" .... ~ ~ "ol' c;, '!,. .. .u~ ., )> -< .. .. .. f' .. :.. .. o ~ + + ~ ~ -< ;; en 0 10 -i- \! 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