HomeMy WebLinkAbout038-09 Polvere, Donald N. & Norman J.
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00
File No. 03f"~
Owner's name(s): DONALD N. AND NORMA J. POLVERE
Mailing address: PO BOX 217, NANTUCKET, MA 02554
Phone Number: 508-228-5410
E-~fail:BEAGLE6@COMCAST.NET
Applicant's name(s): (SAME)
Mailing Address: (SAME)
Phone Number: (SAME)
E-Mail: (SAME)
Locus Address: 4 DENNIS DRIVE
Assessor's Map/Parcel: 67/358
Land Court Plan/Plan Book & Page/Plan File No.: 26439-N, LOT 53
Deed Reference/Certificate of Title: 11,632
Zoning District R-10
Uses on Lot- Commercial: None~ Yes (describe)
Residential: Number of dwellings 1 Duplex
Apartments
Date of Structure(s): all pre-date 7/72
or 1982
Building Permit Numbers: 2434-82; 2468-82
Previous Zoning Board Application Numbers: NA
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Print Form
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State below or attach a separate addendum of specific special permits or variance relief applying for:
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
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SIG~ATURE:. '_ /_ . tiU(
Owner*
SIGNATURE:
Applicant/ Attorney / Agent*
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on:_/_I_ By=- Complete~Need Copies:_
Filed with Town Clerk:_/ _/ _ Planning Board:_/ _/ _ Building Dept.:_/ _/ _ By:_
Fee deposited with Town Treasurer:_I_/ _ By:_ Waiver requested:_
Granted:_/ _/ _ Hearing notice posted with Town Clerk:_/ _/ _ Mailed=-/ _/_
I&M_/_/_ &_/_/_ Hearing(s) held on:_/_/_ Opened on :_/_/_
Continued to: / / Withdrawn: / / Decision Due By: / /
Made:_ / / Filed w /Town Clerk: / _/ _ Mailed:_/ / - -
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
ADDENDUM
Applicants are seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-
law Section 139-16C(1) (Intensity Regulations - setback). Applicants are seeking relief
in order to validate the existing setback distance of the existing single-family dwelling of
about 6.8 feet at the closest point from the northeasterly side yard lot line. The locus is
situated within the Residential-l0 ("R-lO") zoning district that requires a minimum side
yard setback distance of ten feet. However, the aforementioned Zoning By-law Section
states that the "Board of Appeals may grant a SPECIAL PERMIT to reduce the ten-foot
side and rear lot setback distance in Districts R-I0 and R-2 from 10 feet to five feet."
Applicants are seeking a reduction in the northeasterly side yard setback from 10 feet to
about 6.8 feet. No further expansion of the structure is proposed within the required ten-
foot side yard setback area. Other than the aforementioned nonconformity, the about
10,124 SF lot and dwelling and small shed are otherwise fully conforming to the
dimensional requirements of the Nantucket Zoning By-law. The Applicants are in the
process of closing out two open 1982 building permits in order to obtain a Certificate of
Occupancy ("CO") and need to validate the nonconforming setback distance fust.
The lot contains two structures, a one-story single-family dwelling and a conforming
shed that contains less than 120 SF of groundcover. The Lot was created as part of the
Dias Family 14-10t subdivision, endorsed by the Nantucket Planning Board on April 23,
1979 in File No. 1906. The dwelling was constructed by the predecessor-in-title to the
Applicants, Kevin Dias, pursuant to Building Permit No. 2434-82, issued on August 12,
1982. Subsequent Building Permit No. 2468-82 was issued on September 15, 1982 for
the construction of an attached "garage" on the northeasterly side of the dwelling. The
house and the addition were constructed at the same time. However, the garage space was
converted, during the construction phase, to interior living space, i.e., a master bedroom
suite. Historic District Commission ("HDC") approval is currently being sought to
validate the elimination of the previously approved garage door and placement of two
windows in the same space by Mr. Dias.
At the time the dwelling and addition were constructed, "as-built" surveyed plot plans
were not required to obtain a building permit and information included on the building
permit applications was not therefore always accurate. Structures received CO's without
having to provide an as-built until around late in 1985. The Applicants purchased the
property on January 31, 1985 on reliance that the structure and addition were in
compliance with zoning requirements and without receiving legal advice to obtain an as-
built or CO to ensure that the property was actually in compliance. Since the time of the
1985 purchase, the Applicants resided on the property to the present and have not
expanded the footprint or changed the use of the structure. In addition, permits were
obtained to do further plumbing and gas work related to the heating system, without
comment from the relevant inspectors as to the lack of a CO. The nonconformity was
only brought to light when a new site plan was commissioned in June 2009, 24 years
after the Applicants purchased the property.
In addition, the Applicants have been able to obtain title insurance and have been able to
secure refinancing without having to provide a survey and without any mention of any
possible setback violation. This further indicted that the Applicants were unaware of any
issues with regard to the property and have operated in good faith.
The nonconformity is arguably protected from enforcement action by the Nantucket
Zoning Enforcement Officer under the curative statutes contained in Mass. General Laws
Chapter 40A, Section 7, as the violation has been in existence for greater than six years
without any action having been taken by the Building Department. However, the
Building Permits cannot be closed out or a CO obtained until relief by the Zoning Board
of Appeals is granted to validate the current siting of the structure. Applicants are
therefore, seeking SPECIAL PERMIT relief to validate a 24-year old situation in order to
"clean up" the open Building Permits and obtain a CO.
Exhibit A:
Included are the GIS maps from the Town records. The maps indicate that the siting of
the dwelling is not inconsistent with the surrounding neighborhood and other structures
appear to be also sited within various required side yard setback areas. The neighborhood
is primarily year-round with similar sized houses. The setback nonconformity has existed
for 24 years without adverse impacts on the neighborhood.
Exhibit B:
Included is the 1979 subdivision plan with the Locus marked.
Exhibit C:
As no site plan exists from the Dias Family, contained in the Building Department file or
in the HDC file, the only site plan available and included in the packet is the one prepared
by John R. Farren, professional land surveyor, of Braken Engineering, Inc., dated June
23, 2009. Exhibit C indicates that the nonconforming setback distance of the 1982
addition is about 6.8 feet at its closest point from the northeasterly side yard lot line. The
site plan also shows that the lot and structures are otherwise conforming in all other
respects as to zoning requirements.
Exhibit D:
Included is a copy of 1982 Building Permit #2434-82 to construct the dwelling signed by
Norman Chaleki, then Building Inspector. The Building Permit Application is included
and indicates that the house was to be sited about 30 feet from the front yard lot line,
about 77 feet from the rear yard lot line, about 25 feet from the northeasterly side yard lot
line and about 18 feet from the southwesterly side yard lot line. None of the stated
distances were or are correct.
Exhibit E:
Included is a copy of 1982 Building Permit #2468-82 to construct the addition, originally
intended to be for an attached garage, issued about a month after the previous Building
Permit referenced as Exhibit D, and signed by Norman Chaleki, then Building Inspector..
The Building Permit Application is included and indicates that the addition was to be
sited about 30 feet from the front yard lot line, about 77 feet from the rear yard lot line,
about 50 feet from the northeasterly side yard lot line and about 15 feet from the
southwesterly side yard lot line. Clearly, none of the stated distances were again correct
as it would presuppose that the addition was to be sited 50 feet from the northeasterly
side yard lot line when the house was supposed to be sited about 25 feet from the same
lot line a month earlier, resulting in a negative building envelope on a lot that is only 75
feet wide.
Exhibit F:
Included in the packet is the current HDC submission showing the existing elevations of
the structure. Also included are the elevations of the approved plans from 1982 showing
the original house, with attached deck and the approved plans for the connector and the
garage addition with the garage door. Exhibit C indicated that the addition was to be
about 24' x 14'. The addition is actually about 14' x 22'. Both the house, including the
small connector, and the garage addition (other than the change of the garage door to two
windows), appear to have been constructed in substantial conformance with the HDC
approved plans and the dimensions indicated on both Exhibits D and E. Thus, the error in
siting does not appear to be a result of not building the dwelling or the addition in
accordance with the stated information on the permits, but exclusively related to incorrect
setback calculations by the then owner and compounded by the oversight of the error by
the Building Inspector.
EXHIBIT G:
Included are photographs of the existing house.
ConclusionlFindinl!s:
The obvious discrepancies in the setback distances was not noted or questioned by the
then Building Inspector in his required review of the 1982 Building Permit Applications
and the Building Permits were issued and work done. Had the errors been brought to the
then owner's attention, the situation could have been rectified prior to construction. The
Zoning Board of Appeals has seen several such instances from the same time period of
similar errors and oversights and has granted SPECIAL PERMIT relief on multiple
occasions, particularly in this year-round R-I0 area on and around Hooper Farm Road.
The Applicants hired a legal professional to represent them and given the times, such
issues were missed and not brought to the new property owners' attention. This
nonconformity was not created due to actions taken by the Applicants' and the "problem"
was purchased in 1985 along with the property but unbeknownst to the Applicants.
Applicants' relied on their expertise and trusted that the paperwork was in order and that
the structure was built to meet zoning requirements. Applicants were not aware until the
Exhibit C plan was done recently, that there was a setback issue and wish to rectify the
situation. In addition, the Dias family, and subsequently the Applicants, relied on the
review process by the then Building Department officials to note any issues with the
Applications.
Nevertheless, the lot is now considered noncomplying and no CO can be issued for the
dwelling without seeking relief from this Board to validate the nonconformity. It is clear
from a review of the testimony and documents that there was no advantage realized by
the Applicants. It could be extrapolated that the more casual attitudes of the times, with
homeowners doing their own siting of batter boards, contributed to the setback violation
unintentionally. The area is comprised of small year-round homes of similar size and
'.
siting and the setback intrusion is not discemable given the extensive vegetation on the
lot and surrounding properties.
In addition, the R-lO and R-2 (now R-20) zoning districts are the only two zoning
districts that have the provision that allows a reduction in side and rear yard setback from
10 to five feet by SPECIAL PERMIT. This provision was put in the Zoning By-law in
the late 1970's when setback requirements were changed from three feet to ten for these
newly created zones. There were many properties in these two zoning districts that
contained existing structures that were sited as close as five feet if not less, and in order
to maintain neighborhood continuity, the provision was added so new construction, or
existing structures could be made consistent with existing neighborhood context and
existing homeowners were not penalized by not being able to construct additions onto
their homes with the change in dimensional requirements. The ZBA has granted several
such special permits in this particular area and in the same neighborhood, for properties
that were built around the same time, more recent new additions to existing structures
and, in some instances, for new structures.
Applicants have no practical remedy available to correct the situation. There is also no
practical ability to remove a portion of the structure without causing substantial harm to
the Applicants and disturbing a situation that has not had any adverse effect on the
neighborhood for 24 years. A grant of SPECIAL PERMIT relief in this instance would
be consistent with other relief already granted in the neighborhood and would not set a
precedent as the Zoning By-law expressly allows for such relief to be granted. A denial of
SPECIAL PERMIT relief by the ZBA would involve substantial hardship to the
Applicants and provide no public benefit given the neighborhood context.
This request SPECIAL PERMIT relief is different in kind than the relief available in
Zoning By-law Section 139-16C(2) that relates to special permit relief for "unintentional
setback intrusions". The only finding necessary for a grant of relief under Zoning By-law
Section 139-16C(1) in this instance is that the grant of relief is "in harmony with the
general purpose and intent of the Zoning By-law". Applicants assert that SPECIAL
PERMIT relief could be granted in this instance to validate the siting of the one-story
single-family dwelling by reducing the required ten-foot northeasterly side yard setback
distance from ten feet to 6.8 feet.
Proposed Conditions:
There shall be no further expansion of the single-family dwelling within the
required ten-foot northeasterly side yard setback area without further relief
from this Board.
The single-family dwelling is sited and configured substantially as shown
upon the "As-Built Plot Plan", John R. Farren, professional land surveyor, of
Braken Engineering, Inc., dated June 23, 2009, a reduced copy of which is to
be attached to the Decision as Exhibit A.
MI\S....C;HUSETT. QUITC;..AIM DEED SHORT !'ORM (INDlVIDUI\L) 881
M. FRANCIS DIAS and ELAINE DIAS
of
Nantucket County, Massachusetts
beiegJllu.l~for consideratioo paid. and in full consideration of $160, 000. 00
Na ntucket,
grant to DONALD N. POLVERE and NORMA J. POLVERE, Husband and Wife *
as Joint Tenants with Right of Survivorship,
of 4 Dennis Dr., Nantucket, Mass. 025511 with quUdatm t01lt1tlUttll
thelandjp with all buildings thereon located on Dennis Drive in the Town and County
of Nantucket, Commonwealth of Massachusetts, bounded and described as follows:
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NORTHW_ES_TER!- Y-
NORTHEASTERLY
--b-ythe line.of Dennis Drive, 75.00. feet;
by Lot 52 on plan hereinafter mentioned, 135.03 feet;
by Lots 13 and 14 as shown on said plan, 75.00 feet; and
by Lot 511 on said plan, 135.03 feet.
SOUTHEASTERLY
SOUTHWESTERLY
All of said boundaries are determined by the Court to be located as shown upon plan
numbered 261139-N, drawn by Shugrue & Hart, Inc., Surveyors,. dated January 7,
1979, and flied with Certificate of Title No. 9082 at the Registry District of Nantucket
County. Said land is shown thereon as Lot 53.
For my title see Land Court Certificate of Title No. 10262 at the Nantucket Registry
District. .
Said Lot 53 is subject to the following restrictions:
1. No unregistered cars are to be left or maintained on property or on Dennis
Drive or Quail Lane:
2. No commercial business of any kind is to be conducted on the property.
3. No more than one boat shall be stored on the property.
4. No additional buildings shall be located on the property without Historic
--"------- --OIstrlct Commission appro.viii.
lIIihullll ..Q.ur.... hand s and seals this ...........s.~=? day of ....l~.r:!~.l!I.I:".y................ 19.~~...
.......................................................................... .~)}7:r..~f!ltW.. .....~-.pc.~~....................
.......................................................................... ~ycls ~ la~ ~~~
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mfJt Qtptlt1tnlftlltfa1tfr srf -....u1pmrUa
N~ntucket
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January ;SO
M. Francis Dias
19 85
Then personally appeared the above named
and acknow1ecJsed the foregoing instrument to be
My COOIlI1i3aioo cxpicco
19
NANTU~KET LAND ~
Ot P2id: $ 3..:Jno .00
o E)Ee~$
ll2.L -0
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Evei}' cleed pLeSeDled for record obaIl mntein or M,", eDdo:
II1d & Ndtal of die _t of tbc full CJllIIide<aIioa tbcRof in l
for & Il*Uic IlIllIIIlaIJ' ....... Tbe full ClDllSidelatio.o sbaI.I - .
CIIC\IIIlblInClll __ br the pD_ or rcmainin& theteoc. i
Pail_ ID CIllIIpIJ ,.fth thIIllICdoD sbaI.I DOt aBed the nllclii
it is In colDP1lJnce with the requlrementJ of this IectiolL ;
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EXHIBIT A
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Town of Nantucket Web GIS - Printable Map
Page 1 of 1
Prop ID
Address
Owner
Sale Date
Sale Price
Book/Page
Lot Size
67 358
4 DENNIS DR
POLVERE DONALD N &
NORMA J
PO BOX 217
NANTUCKET, MA 02554
01/31/1985
$160,000
COOll/ 632
0.23 acres
Town of Nantucket Web GIS
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Disclaimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs,
AIi information is from the Town of Nantucket
Geographic Information System (GIS) database.
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Town of Nantucket, Massachusetts
Map Composed
7/13/2009
Copyright 2005 Town of Nantucket, MA. All rights reserved, Developed by AppGeo
http://host.appgeo.com/nantucketmalPrintableMap.aspx?Preserve= Width&Map Width=864... 7/13/2009
Page 1 of 1
Town of Nantucket Web GIS - Printable Map
Town of Nantucket Web GIS
67 358
4 DENNIS DR
POLVERE DONALD N &
NORMAJ
PO BOX 217
NANTUCKET, MA 02554
01/31/1985
$160,000
COOll/ 632
0.23 acres
Prop ID
Address
Owner
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caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
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Sale Date
Sale Price
Book/Page
Lot Size
Dis~laimer The information displayed on this or
any other map produ~ed by The Town of
Nantu~ket is for referen~e purposes only. The
Town of Nantu~ket does not guarantee the
a~~ura~y of the data. Users are responsible for
determining the suitability for individuai needs.
All information is from the Town of Nantu~ket
Geographi~ Information System (GIS) database.
Town of Nantucket, Massachusetts
Map Composed
7/13/2009
Copyright 2005 Town of Nantucket. MA. All rights reserved. Developed by AppGeo
http://host.appgeo.comlnantucketma/PrintableMap.aspx?Preserve=Width&Map Width=432... 7/13/2009
EXHIBIT B
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RECEIVED
~l(3l/-~
>
/I.UG C fb 1982
BUILDING APPLICATION NUMBER
BMiiding Inspector Town of Nantucket
, E"tEhlJJrId
/'
./
I
APPLICA TlON FOR
PLAN EXAMINATION AND
BUILDING PERMIT
1.
L CATION
o
B ILDING
IMPORTANT- Applicant to complete all items in Sections: 1,2,3,4, andS
OWNERS NAME: -q , 1::>...-:::.
,",' Last
1.-oT ~ S'~
No. ,
Assessor's Map No. ~ 7
'K6vlN.
First
~Gt--\.l'\.\'S. \:::)1<...\ Y E
Street
Assessor's Parcel No., j ).. () -...5 3 Fire District
~.
Middle Initial
Village
2. YPE AND COST OF BUILDING - All applicants complete Parts A _ D
A. TYPE OF IMPROVEMENT
~New Building
DAdditlon (If residential. enter number
of new housing units added. if any.
in Part D. 13)
o Alteration (See 2 ab~ve)
o Repair. replacement
o Demolition (If multifamily residential, -
enter number of units in building in
Part D, 13)
Movln~ (relocation)
fl1)undation only
D. PROPOSED, USE - (For "Demolition", most recent use)
Re,sidential
~One Family
o Two or more family -Enter
number of units - - _ _ _
[j Transie~t hotel. motel.
or dormitory - Enter number
of units - - - - _ _ _ _ _ -+
o Carage
o Carport
o Other - Specify
.
\
WNERSHIP
JSa.Prlvate (Individual. corporation,
, nonprofit institution, etc.)
o Public (Federal, State. or
local government) .
a~.~
~lt
"b~
Nonresidential
o Amusement, recreational
o Church, other religious
o Industrial
o Parking 9arage
o Service station, repair garage
o Hospital, institutional
o Office, bank, professional
o Public utility
o School, library, other educational
o Stores, mercantile
o Tanks, towers
o Other -SpeCify
~
o co...a .. dot. I\P
1
C. OST
Cost of; a. Structure............... $
(Omit cents)
E. DIMENSIONS
TOT AL COST OF IMPROVEMENT
BUILDING INSPECTOR'S ESTIMATE
<eo
Dimensions (New) of
Dwelling or Addition; 3;t)(.::1.8
No of Stories: I
, First Floor Area; ~ \(:)~<p
Second Floor Area:
Third Floor Area:
Total Floor Area: ~~ ~
Otho/":/
Full Cellar Area:
/
/'
/
b. Electrical...............
c. P,umbing...............
d. Heating................
e. Other...................
-
3. ELECTED CHARACTERISTICS OF BUILDING
For new bUildings and additions, complete Ports E-N
for Demolition, complete only Part I., for all others skip to II.
"
F. RINCIPAL TYPE OF FRAME H. TYPE OF SEWAGE DISPOSAL K. ACCESSORY HEAT SOURCE
o Masonry (wall bearing) l2SJ Public or private company No. of Fireplaces J
5CtWOOd frame o Private (septic tank, etc.) No of Wood St'wes
o Structural steel No. of Coal Stoves
o Reinforced concrete I. TYPE OF WATER SUPPLY Solar Collector
o Other - Specif~ o Public or private company Other:
!:8.,Private (well, cistern) L. SMOKE DETECTORS
No. of Dectectors
C. RINCIPAL TYPE OF HEATING FUEL SPECIAL CHARACTERISTICS .
OGas . ir Conditioning ~ Type (Battery or AC) 4"
6 ..
i(JOiJ o Hea~'pu~./ See Plan fo~ Location
o Electricity . .
. _.-
o Coal o C~nf'rill VacuOm. .. ---.- -
rr^...L.~__
l .
I
CONTINUED
N ENERGY CONSERVATION
Window Glazing:
Doors: Insulated
Insulated Glass
Type
\= \,~
F(t:~\(?~ ~ \..!.\-S ~
\
~ Double Glass
Thickness
C, ~ (
L II II
,)I?..
<] II
R Value
,
Foundation or Floor Insulation
Wall Insulation
Ceiling or Roof Insulation
Storm
YES
...........
NO
Weatherstripped YES ~ NO
/~~
Percentage of Window Area to Wall Area:
Maximum BTU loss per hour of structure:
. (Do not fill in if 't of window to wall area is less than 20%)
o STRUCTURAL CHARACTERISTICS OF BUILDING
Applicant is required to submit complete structural framing plans with application due to the complexity of the structure, if the following
Information Is insufficient for proper plan review.
Foundation Footing si~e:
Wall material:
~'),,'Zo
&r'C~
'!>'l.~' ~
Footing reinforcing:
Z_-l:l(\ls.
8"
('~
Wall height
Wall thickness:
~~"'Wall reinforcing:
Pier or column reinforcing:
\. k
~ ~ (::) flol", ><
b - -t! ",l ~ ,~~C~ w",<^-,
o Partial
Pier or column size: ~~~"
,.
Pier or column footing size: 't 4- l'o 1..4\- )c" b
No. of crawl space vents: ~ ~@"l \tJ~
Method of wall reinforcing: Method: DAD B
Pier or column spacing:
DC
DO
~UII
DE
Crawl space:
FRAMING:
Support Spacing:
First Floor Framing
Second Floor Framing
Ceiling Framing
Roof Framing
Roof Truss
flf$1i
Maximum spacing:
();8 ~~'I
Maximum span:
Maximum spacing:
Maximum span:
Maximum spacing:
Rafter size:
Maximum span:
Maximum spacing:
Applicant must submit design calculations for all wood trusses stamped by a Registered Professional Engineer.
INTERIOR FINISH
Walls Floors Ceiling
rL(-\-)\e~ L.~~€\ Pl-A-ST e G......
Il " 't
--
\ I I
Il 1\!.-e..
-
Bedrooms
Living Room
Family Room
Dining Room
Bathroom
Utility Room
Special (specify)
Attic
Cellar
8 L() ~ J<.
Roof Material
Sh.\Y\JG,\.e s
0-<:. \l~ ~~
) f\,..y wc>oa
l \.
EXTERIOR FINISH
Wall Material
Roof Type
e '\ l.p
\( 0
FEE CALCULATIONS
~~
\\()t:>
-;bb
- /
\eJ..\:)=
e.b
~--
7.b
'L bO
v t> ---
~b
&u --
4. Z',)NING 'COMPlIANCE
To be completed by 01/ applicants
App icant is required to submit a reg,istered plot plan with application. showing locl'Uon of all structures.
. \
rontage on Street:
-=R..- I D
'(~'
Total Land Area:
Lot No.
/0, I~S ~F
6~
c9LQ~~9 "-1
qCfO.;)-
oning District:
Ian Book No. and Page:
ate Lot Purchased:
Land Court Plan No.
Certificate No.
SU DIVISION INFORMATION
Name of Previous Owner: D I ~~ 1='\.e.a..\.t4 \"" f<l.L'S.1-
,
ame of Owner:
ate of Plan Approval: ~ It
ype of Approval: ANR
AR
8S.11'?lQ
~
~33
NO
NO
~1>-...\...lD(>o...R~ <9~ 1\'1<00
lanning Board File No.
lct DC,
the Subdivision subject to a Covenant:
YES
a Release required:
YES
as Plan been filed with the Registry of Deeds? YES
YES: Plan Book a nd Page No.
NO
Date ____~
--~.,
-:;::::;::=:=::-~.=-..
~,.
~ =-'
istance from Property Lines:/ FRONT --:;l(.J
l'stance between Principal and s~~ary Dwellin~: ~ J ~.....'
Iilei!lht of structure above finish grade: N 111 E
\
umber of off-street parking spa~ Enclosed
't)C)r ,,~------_.__._.
NSIONS
RIGHT
18'
"
REAR
'11'
LEFT
~s-
\.
\.
(12 ft. minimum.)
s
W
On-site
GR UNO COVER
rlncipal Dwelling:
econdary Dwelling:
Allowable:
8C?tG,
eJOJ..!J--
SF.
ddition:
Total:
ccessory Building:
SF.
wimming Pool:
MIS ElLANEOUS
Was a request to "Determine Applicability of the Wetland Protection Act" filed with the Nantucket Conservation Committee? YES NO
f answered YES. include "Order of Conditions" with application.
s the property located within a Flood Hazard District? YES
NO
iV/4
/
hat date was the "Order of Conditions" filed with the Registry of Deeds?
as a Variance or Special Permit granted by the Board of Appeals? YES
f answered YES what date was the decision filed with the Town Clerk?
NO
FO
BUILDING DEPARTMENT USE ONLY -L
lnimum Lot Size: /O,I!ZO ~I
rontage on Street: rr
ront Yard: ~ 0/
~dditional Comments:
G round Cover Ratio:
~ 0070
/0/
Side and Rear Setback:
tATE' A~= \'Z. I l%L
I
Zoning Officer
5. I E'NTlFi(:ATl6~N'- To be completed by all applicants
Name ~
Mailing address - Number. street. city. and State
'Zip Code
Telephone No.
1.
Own~r or
Lessee
I
uJfk}w
Builder's
License No.
OIG, I
2.
. Cen ral
Cont actor
3. I
Masonry
Contractor
i
II. i
Architect or
Enqiheer
j hereby certify that the proposed work is authorized by the owner of record and that I have been authori zed by the 'owner to make this
~pplication as his authorized agent and we agree to conform to all applicable laws of this jurisdiction.
Address
DO NOT WRITE BElOW THIS LINE
6. LAN REVIEW RECORD - For Office Use
lans Review Required Check Permit No. Date Plans Approved Approved By
ISTORIC DISTRICTS COMMISSION V /1) 1ll '/-.Jtf-~r-1
EPTlC
EWER V"~ S'.J - l.i9l). 7- .)r~r-1
ATER WELL COMPLETION REPORT v'..
ONSERVATION COMMISSION
OARD OF APPEALS
~
ECONDARY DWELLlNC APPROVAL (Planning Board) -
IRE CHIEF
VER- THE-ROAD (Board of Selectmen) '5'
~
ELEASE FORM (Planning Board) V. r7-"L\-R\
OAD OPENING PERMIT (DPW)
LUMBING
LECTRICAL
esidency Covenant No.
I uildinq Cap No.
Buildinq Exemption No.
,
,
7'1 VALIDATION
I
Buil4ing
Perm,lt number
I
..21/3'1'- ?d
FOR DEPARTMENT USE ONLY
Building
Permlit issued
!
Date I of
Reissuance
i
i
Building
Perm'it Fee
I
Datelof Issuance of
Cert ficate of Occupancy
I
,
,
i
C\U~\)~1.
Use Croup
-e'-4-
\
4a
\'1..
19 ~L
Fire Grading
Live Loading
1.
19
2.
19
Occupancy Load
$~
~
Census No.
.db'~
Building Inspector
EXHIBIT E
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BlIilding InsJ}ector i\wn D~antucket
t:
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'J d--
BUILDING APPLICATION NUMBER
APPLICATION FOR
PLAN EXAMINATION AND
BUILDING PERMIT
IMPORTANT- Applicant to complete 01/ items in Sections: J,2,3,4, ond 5
1.
LOCA TlON
OF
BUilDING
OWNERS NAME: e. \f\ on
]:;>~ y~\ ~\ c;~ ~o~c1
No. .... Street
Assessor's Map No. b l Assessor's Parcel No.I:)t> .53 Fire District
First
Middle Initial
Village
2. TYPE .AND COST OF BUILDING - All applicants complete Parts A - D
A. TYPE OF IMPROVEMENT
'lill New Building
o Addition (If residential. enter number
of new housing uriits added. if any.
in Part D, 13)
o Alteration (See 2obove)
o Repair, replacement
o Demolition (If multifamily residential.
enter number of units in building in
Par.t D, 13)
~ Movin9 (relocation)
o Foundation only.-
B. OWNERSHIP
"r5tt Pri vate (individual, ;<:oo"poration,
~onproftt institution, etc.)
o Public (Federal, State. or
k'cal g.overnment)
C. COST
Cast of: a. Structure............... $
b. Electrical...............
c. Plumbing...............
d. Heatinq ................
e. Other...................
TOTAL COST OF IMPROVEMENT
BUILDING IN.SPEC:rOR'S ESTIMATE
" .;'-'
D. PROPOSED USE - (For "Demolition", most recent use)
Residential
Nonresidential
o Amusement. recreational
o Church. other reliqious
o Industrial
o Parking 'lara!"!e
o Service station, repair garage
o Hospital, institutional
o Office. bank. professional
o Public utility
o School, libr~ry, other educational
o Stores, mercantile
o Tanks, towers
o Other - Specify
o One Family
o Two o~ more family -Ente,'
number of units - - - - -4-
OTransient hotel, motel,
or dormitory - Enter number
'\....t of units - - - - - - - - - --+
~Garage
o Carport
o Other - Specify
N'O+ ~'(
\+u~
\-\-ob\ +0...-\-\ 0 n
(Omit cents)
E.DIMENSIONS
Dimensions (New) of
Dwelling or Addition:
Dimensions of
Additional Structul.es:
,
\ ~ C>~
No of Stories:
First Floor Area;."
Second Floor Area:
Third Floor A rea:
Total Floor Area:
Full Cellar Area:
I
I
I
--j
Ga raqe :
3-~lo
Accessory BldC1.:
Swimminq Pool:
Other:
For new buildings and additions, complete Ports E-N
for Demolition, complete only Port I., (or all others skip tu 4.
H. TYPE OF SEWAGE DISPOSAL 1--;- ACCES~ORY HEAT SOURCE---------::-~
o Public or private company I No. of Fireplaces
o Private (septic tank, etc.) -1 No of Wood Stoves
No. of Coal Stoves
I. TYPE OF WATER SUPPLY Solar Collector
---..
----Q.:UbliC or private company L- Other.
o F'r'ivat':!,(well. cistern) I L. SI,'OKE DETECTORS
--. .~ . ,. No. of Dectectors
1. SPECIAL CHAf,ACTERIS'f-t~__ I Type (Batte,)' or ACi__
_-EJAi~ Conditioninq I
I Set' PieHl {OJ' Locotion
-l~~_____ ____.___ _________
[ M.~ESIDENT.~~L BUILDINGS ONLY
I Number of B~~ooms __
I!. Number of Bathr~ii't.,.-"'-~
Full __ Part;al ~_~_
3. SHECTED CHARACTERISTICS OF BUILDING
o ,\\aso (wall bearin!"!!
o Wood frame
o Structural steel
o Reinforced concrete
DOther - Specify
--...
--.....
--------
G. PRINCIPAL TYPE OF HEATING FUEL
OGas
OOil
o Electricity
Deoal
[1 Other - S
..".~
t-i'f.: ~
o Heat Pump
o Central Vacuum
[] Otl1e'-.____
'cL
3. CONTINUf;D
'.
r
Foundation 0" Floor Inljulation
~
Rpe
l-=, ~
Thickness
R Value
~. ENERGY CONSERVATION
Wall Insulation
Ceiling or Roof Insulation
Window Gla zing:
Insulated Glass
Double Glass
Storm
Weatherstripped
YES
NO
Doors: Insulated
YES
NO
Percentage of Window Area to Wall Area:
Maximum BTU loss per hour of structure:
. (Do not {ill in if't. o{ window ta wall al'eo is less [hun 20~)
0, STRUCTURAL CHARACTERISTICS OF BUILDING
Applicant is required to submit complete structural framing plans with application due to the complexity of the structure, if the following
information is insufficient for proper plan review.
Foun?ation Footing size: Footing reinforcing:
Wall material: Wall thickness:
Wall height Wall reinforcing:
Pier or column size: Pier or column spacing:
Pier or column footing size: Pier or column reinforcing:
Method of wall reinforcing: Method: D A
DB
DC
Do
D Full
DE
DPBrtial
No. of crawl space vents:
Crawl space:
Maximum span:
Support Spacing:
{} ~ Maximum spacing:
Maximum spacing:
FRAMING:
Main Carrying member:
Size:
" rt \
Maximum Span: 10 .:Ie
First Floor Framing
Joist size: ;?j--=7'\
1.\:-
Second Floor Framing JOIst size:
Ceiling Framing
Joist size:
Maximum span:
Maximum spacing:
Roof Framing
~T:V
INTERIOR FINISH
Rafter size:
Maximum span:
Maximum spacing:
Applicant must submit design calculations for all wood trusses stamped by a Registered Professional Engineer.
.. . \'
':'5~ -z. ~, 0 Walls Floors
Ceiling
Bedrooms
Living Room
Family Room
Dining Room
Bathroom
Utility Room
Special (specify)
Attic
Cellar
EXTERIOR FINISH
Wall Material
Roof Material
Roof Type
NOTES AND DATA (For Department use) FEE CALCULATIONS
.- L '\- >c \ '\- -c.. '"'b~lo ~~ R~O
M\ f\ \N\ \)t(\
-
- K:e..
--
.-IING COMPLIANCE
To be completed by all applicants
>plicant is requir-ed to submit a registered plot plan with application.
Zon ing District:
R' '- 'C)
7,]/
~I A
showing location of all structures.
Total Land Area: fa /:J.. S-- z;z!
'1]7 ./
Lot No. ~ /
Land COUI-t Plan No. '1~? r N
?dF- .).
Name of Previous Owner: 8fa-ft::' ,,7)p I1n Jf
ZJ I Q.j
Certificate No.
Frontage on Street:
Plan Book No. and Page:
Date Lot Purchased:
s U:~~~I:;~w~:=~RMA T10~ ~
Date of Plan APproval:"! ij/ 71 - II~ Yjrc)
Type of Approval: ANR AR .,/' .
Planning Board File No. / '101> c20 "3
, I ~
I s the~Subdivision subject to a Covenant: YES 1/./ NO
YES ~ NO
YES ~
I s a Release required:
Has Plan been filed with the Registry of Deeds?
NO
Distance from Property Lines:
I
LEFT '5 0
+
RIGHT \ S -
151
If YES: Plan Book and Page No.
e
DIMENSIONS
Distance between Principal and Secondary D
Heiqht of structure above finish grade: N
I':)
E
S \ S-
W
Number of off-street parking spaces:
Enclosed
On-site
..'
GROUND COVER
Principal Dwelling:
~
Secondary Dwelling:
ULbb ( E ).\:=-,-I-irj).
Garage:
,~b
Total:---1J:l {) d
SF.
Addition:
Accessory Buildin!,,:
Allowable: ~o~5
SF.
Swimming Pool:
Other:
MISCELLANEOUS
Was a request to "Determine Applicability of the Wetland Protection Act" filed with the Nantucket Conservation Committee? YES _NO
If answered YES. include "Order of Conditions" with application.
What date was the "Order of Conditions" filed with the Registry of Deeds?
Is the property located within a Flood Hazard District? YES
NO
N j-A-
Was a Variance or Special Permit granted by the Board of Appeals? YES
I f answered YES what date was the decision filed with the Town Clerk?
NO
FOR BUILDING DEPARTMENT USE ONLY
Frontage on Street:
\0, bOO
7(1
u
~O/
p5-
Ground Cover Ratio: c:2t:::J '70
Minimum Lot Size:
Side and Rear Setback:
I~J
,
Front Yard:
Additional Comments:
DATE:
~ \i:9-f. , \ \ ~~rz.
~
APPROVED BY:
Zoning Officer
-----~~-;-~
IDENTIFICATION - To be completed by 011 applicants
>'
Name
Mailing address - Number. street, city,and Stale
Zip Code
Telephone No.
1.
Owner or
Lessee
VI/J
7J
()2~JV
2.
General
Contractor
Builder's
License No.
3.
Masonry
Contractor
4.
Architect or
En!,!ineer
I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this
application as his authorized agent and we agree to conform to all applicable laws of this jurisdiction.
Address
\.
v
'"
(~ S \
DO NOT WRITE BELOW THIS UNE
:.
6. PLAN REVIEW RECORD - For Office Use
Plans Re'o'iew Required Check Permit No. Date Plans Approved Approved By
HISTORIC DISTRICTS COMMISSlqN V II L... ( L.\ ~-~-~l
SEPTIC . v/)
SEWER / :
WATER WELL COMPLETION REPORT vIA i
_.
~."JICONSERVATION COMMiSSioN / i
...B~ARQl.O"AP~E:A.LS i
. '':OIl SECONDAI\Y DWELLlNt APPROVAL (Planning Board) l
,
FIRE CHIEF
OVER-THE-ROAD (Board of Selectmen) ~
. '- . I
RELEASE FORM (Planning Board) I
J
ROAD OPENING PERMIT (DPW) I
PLUMBING
ELECTRICAL
....
Residency Covenant No. .
Buildin!,! Cap No.
Buildin!,! Exemption No.
7. VALIDATION
Building
Permit number
~\{~~ ~
FOR DEPARTMENT USE ONLY
Building
Permit issued
c::s~. l
Use Group
~
19 ~"t.
--
Fire Grading
Date of
Reissuance
Live Loading
1.
19
2.
19
Building
Permit Fee
$
:)D ,tJ:)
~~I
~_ App," ,d tC
Date of Issuance of
Certificate of Occupancy
Building Inspector
EXHIBIT F
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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Date: October 6, 2009
To: Parties in Interest and Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No. :
038-09
Owner/Applicant:
Donald N. and Nor.ma J. Polvere
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.
)fJ 1 f;~ ( J/jj)
Michael J. O'Mara, Chair.man
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
2 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS 02554
Map 67
Parcel 358
R-I0
4 Dennis Drive
Lot 53, Land Court Plan 26339-N
Certificate of Title No. 11632
DECISION
1. At a public hearing of the Nantucket Zoning Board of Appeals ("ZB A") , on
Thursday, August 13, 2009 at 1 :00 P.M., in the Conference Room in the Town Annex
Building, 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following
Decision on the Application of DONALD N. AND NORMA J. POL VERE, with an
address of 4 Dennis Drive, Nantucket, MA 02554, Board of Appeals File No. 038-09, the
Board made the following Decision:
2. Applicants are seeking relief by SPECIAL PERMIT pursuant to Nantucket
Zoning By-law Section 139-16C(1) (Intensity Regulations - setback). Applicants are
seeking relief in order to validate the setback distance of the existing single-family
dwelling of about 6.8 feet at the closest point from the northeasterly side yard lot line.
The locus is situated within the Residential-l0 ("R-I0") zoning district that requires a
minimum side yard setback distance of ten feet. However, the aforementioned Zoning
By-law Section states that the "Board of Appeals may grant a SPECIAL PERMIT to
reduce the ten-foot side and rear lot setback distance in Districts R-I0 and R-2 from 10
feet to five feet." Applicants are seeking a reduction in the northeasterly side yard setback
from 10 feet to about 6.8 feet. No further expansion of the structure is proposed within
the required ten-foot side yard setback area. Other than the aforementioned
nonconformity, the about 10,124 SF lot and dwelling and small shed are otherwise fully
conforming to the dimensional requirements of the Nantucket Zoning By-law. The
Applicants are in the process of closing out two open 1982 building permits in order to
obtain a Certificate of Occupancy ("CO") and need to validate the nonconforming
setback distance first.
The premises is located at 4 Dennis Drive, is shown on Nantucket Tax Assessor's
Map 67 as Parcel 358, and is shown as Lot 53 on Land Court Plan 26339-N, registered at
the Nantucket County Registry of Deeds as Certificate of Title No. 11632. The property
is located in the Residential-l 0 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, finding that the Application did not present any issues of planning
concern. Other than the presentation made by the Applicant, there was no public
comment made at the hearing and no letters on file.
4. Applicants represented that the lot contains two structures, a one-story single-
family dwelling and a conforming shed that contains less than 120 SF of groundcover.
The Lot was created as part of the Dias Family 14-10t subdivision, endorsed by the
Nantucket Planning Board on April 23, 1979 in File No. 1906. The dwelling was
constructed by the predecessor-in-title to the Applicants, Kevin Dias, pursuant to
Building Permit No. 2434-82, issued on August 12, 1982. Subsequent Building Permit
No. 2468-82 was issued on September 15, 1982 for the construction of an attached
"garage" on the northeasterly side of the dwelling. The house and the addition were
constructed at the same time. However, the garage space was converted, during the
construction phase, to interior living space, i.e., a master bedroom suite. Historic District
Commission ("HDC") approval was granted to validate the elimination of the previously
approved garage door and the placement of two windows in the same location as done by
Mr. Dias.
5. Applicants represented that at the time the dwelling and addition were
constructed, "as-built" surveyed plot plans were not required to obtain a building permit
and information included on the Building Permit applications was not therefore always
accurate. Structures received CO's without having to provide an as-built until around late
in 1985. The Applicants purchased the property on January 31, 1985 on reliance that the
structure and addition were in compliance with zoning requirements and without
receiving legal advice to obtain an as-built or CO to ensure that the property was actually
in compliance. Since the time of the 1985 purchase, the Applicants have resided on the
property to the present and have not expanded the footprint or changed the use of the
structure. In addition, permits were obtained to do further plumbing and gas work related
to the heating system, without comment from the relevant inspectors as to the lack of a
CO. The nonconformity was only brought to light when a new site plan was
commissioned in June of2009, 24 years after the Applicants purchased the property.
6. Applicants represented that they have been able to obtain title insurance and have
been able to secure refinancing without having to provide a survey and without any
mention of any possible setback violation. This further indicted that the Applicants were
unaware of any issues with regard to the property and have operated in good faith. The
nonconformity is arguably protected from enforcement action by the Nantucket Zoning
Enforcement Officer under the curative statutes contained in Mass. General Laws
Chapter 40A, Section 7, as the violation has been in existence for greater than six years
without any action having been taken by the Building Department. However, the
Building Permits cannot be closed out or a CO obtained until relief by the Zoning Board
of Appeals is granted to validate the current siting of the structure. Applicants are
therefore, seeking Special Permit relief to validate a 24-year old situation in order to
"clean up" the open Building Permits and obtain a CO.
7. Applicants submitted several documents for the file. Included are the GIS maps
from the Town records. The maps indicate that the siting of the dwelling is not
inconsistent with the surrounding neighborhood and other structures appear to be also
sited within various required side yard setback areas. The neighborhood is comprised of
primarily year-round dwellings with similar sized houses. The setback nonconformity has
existed for 24 years without adverse impacts on the neighborhood. Applicants submitted
the 1979 subdivision plan with the Locus marked, indicating that the area was made up of
vacant lots. The Applicants' house was one of the first built in the subdivision and there
were no other structures nearby that may have alerted the builder that there might be a
setback issue at the time.
8. Applicants stated that as no site plan exists from the Dias Family when the
structure was built, nor contained in the Building Department file or in the HDC file, the
only site plan available and included in the packet is the one prepared by John R. Farren,
professional land surveyor, of Braken Engineering, Inc., dated June 23, 2009, a reduced
copy of which is attached to the Decision as Exhibit A. The plan indicates that the
nonconforming setback distance of the 1982 addition is about 6.8 feet at its closest point
from the northeasterly side yard lot line. The site plan also shows that the lot and
structures are otherwise conforming in all other respects as to zoning requirements.
9. Applicants presented a copy of the 1982 Building Permit #2434-82 to construct
the dwelling signed by Norman Chaleki, then Building Inspector. The Building Permit
Application indicates that the house was to be sited about 30 feet from the front yard lot
line, about 77 feet from the rear yard lot line, about 25 feet from the northeasterly side
yard lot line and about 18 feet from the southwesterly side yard lot line. None of the
stated distances were or are correct. Applicants presented a copy of the 1982 Building
Permit #2468-82 to construct the addition, originally intended to be for an attached
garage, issued about a month after the previous Building Permit for the house was issued,
and signed by Norman Chaleki, then Building Inspector. The Building Permit
Application is included and indicates that the addition was to be sited about 30 feet from
the front yard lot line, about 77 feet from the rear yard lot line, about 50 (emphasis
added) feet from the northeasterly side yard lot line and about 15 feet from the
southwesterly side yard lot line. Clearly, none of the stated distances were again correct
as it would presuppose that the addition was to be sited 50 feet from the northeasterly
side yard lot line when the house was supposed to be sited about 25 feet from the same
lot line a month earlier, resulting in a negative building envelope on a lot that is only 75
feet wide.
10. Applicants submitted the current HDC submission showing the existing
elevations of the structure, along with photographic documentation. Also included in the
file are the elevations of the approved plans from 1982 showing the original house, with
attached deck and the approved plans for the connector and the garage addition with the
garage door. Exhibit C indicated that the addition was to be about 24' x 14'. The addition
is actually about 14' x 22'. Both the house, including the small connector, and the garage
addition (other than the change of the garage door to two windows), appear to have been
constructed in substantial conformance with the HDC approved plans and the dimensions
indicated on both Exhibits D and E. Thus, the error in siting does not appear to be a result
of not building the dwelling or the addition in accordance with the stated information on
the permits, but exclusively related to incorrect setback calculations by the then owner
and compounded by the oversight error by the Building Inspector.
11. The Board takes note of the obvious discrepancies in the setback distances that
were not noted or questioned by the then Building Inspector in his required review of the
1982 Building Permit Applications and the Building Permits were issued and work done
on reliance that it the structure met the required setbacks. Had the errors been brought to
the then owner's attention, the situation could have been rectified prior to construction.
The Zoning Board of Appeals has seen several such instances from the same time period
of similar errors and oversights and has granted Special Permit relief on multiple
occasions, particularly in this year-round R-I0 area on and around Hooper Farm Road.
The Applicants hired a legal professional to represent them and given the times,
such issues were missed and not brought to the new property owners' (the Applicants)
attention. This nonconformity was not created due to actions taken by the Applicants' and
the "problem" was purchased in 1985 along with the property but unbeknownst to the
Applicants. Applicants' relied on their expertise and trusted that the paperwork was in
order and that the structure was built to meet zoning requirements. Applicants were not
aware until the Exhibit A plan was done recently, that there was a setback issue and now
wish to rectify the situation.
Nevertheless, the lot is now considered noncomplying and no CO can be issued
for the dwelling without seeking relief from this Board to validate the nonconformity. It
is clear from a review of the testimony and documents that there was no advantage
realized by the Applicants. It could be extrapolated that the more casual attitudes of the
times, with homeowners doing their own siting of batter boards, contributed to the
setback violation unintentionally. The area is comprised of small year-round homes of
similar size and siting and the setback intrusion is not discemable given the extensive
vegetation on the lot and surrounding properties.
In addition, the R-I0 and R-2 (now R-20) zoning districts are the only two zoning
districts that have the provision that allows a reduction in side and rear yard setback from
10 to five feet by SPECIAL PERMIT. This provision was put in the Zoning By-law in
the late 1970's when setback requirements were changed from three feet to ten for these
newly created zones. There were many properties in these two zoning districts that
contained existing structures that were sited as close as five feet if not less, and in order
to maintain neighborhood continuity, the provision was added so new construction, or
existing structures could be made consistent with existing neighborhood context and
existing homeowners were not penalized by not being able to construct additions onto
their homes with the change in dimensional requirements. The ZBA has granted several
such special permits in this particular area and in the same neighborhood, for properties
that were built around the same time, more recent new additions to existing structures
and, in some instances, for new structures.
12. Therefore, based upon the foregoing, the Board finds that the proposed reduction
in the northeasterly side yard setback from the required ten feet to about 6.8 in order to
validate the existing single-family dwelling, would not create a situation that would not
be in harmony with the context of the surrounding dwellings have little if any impact, and
relief may be granted without substantially derogating from the general purpose and
intent of the Zoning By-law and would not be substantially more detrimental to the
neighborhood. The Board notes that there is no practical remedy available to the
Applicants to correct the violation, other than to demolish that portion of the structure
that is sited within the required setback area. There would be no public benefit in
requiring the lot to come into compliance as the situation has existed without comment
for almost 25 years and requiring removal of that portion would cause substantial harm to
the Applicants financially and disturb the heavily vegetated lot.
13. Accordingly, the Board of Appeals, by a UNANIMOUS vote, GRANTS the
requested SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-16C(1),
to validate the existing single-family dwelling, by reducing the northeasterly side yard
setback from the required ten feet to about 6.8 feet at its closest point, acknowledging
that the portion of the house, though originally permitted as a garage, that is sited within
the required setback area is not a free standing structure, but an integrated part of the
single-family dwelling and that change in use to expand interior living space is allowed
without further relief from this Board. The relief granted is conditioned upon the
following:
a. There shall be no further expansion of the single-family dwelling within
the required ten-foot northeasterly side yard setback without further relief
from this Board; and
b. The single-family dwelling is sited and configured substantially as shown
upon the "As-Built Plot Plan", done by John R. Farren, professional land
surveyor, of Braken Engineering, Inc., dated June 23, 2009, a reduced
copy of which is attached hereto as Exhibit A.
SIGNATURE PAGE TO FOLLOW
(}cj. J-
Dated: 88~t8lN8et fP ,2009
Lisa Botticelli
I ~,.,.
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... '4.
.. -Susan cCart
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COMMONWEALTH OF MASSACHUSETTS
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Nantucket, ss. ~iiI}Jt8m"-lr L, 2009
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On this ~ day of..sppt~mh~, 2009 before me, the undersigned Notary Public,
personally appeared 5 Nt. ;:t"".f1t, , who is personally
known to me, and who is the person whose name is si d on the preceding or attached
document, and who acknowledged to me that he/she signed it voluntarily for its stated
purpose.
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Notar Public: l4N~,S4.. K .M""'"
My commission expires: M-.,,&/I. ,,;J.)~ ijljJlj,