HomeMy WebLinkAbout118-99TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: January !7.-~ 2000
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
Owner/Applicant:
118=99
JOSEPH T. ADRAGNA
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 days 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.
`~ . ~ > >
W o ~~
William P. Hourihan Chairman
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMT.T AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET
ZONING BY-LAW §139-30I (SPECIAL PERMITS); §1.39-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
Assessor's Map 71.3.1 3 Marion Street, Tom Nevers
Parcel 20 Land Court Plan 5004-6
LUG-3 Cert. of Title No. 10,717
At a Public Hearing of the Nantucket Zoning Board of Appeals held
at 1:00 P.M., Friday, December 10, 1999, in the Conference Room, Town
Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the
Application of JOSEPH T. ADRAGNA, of 321 Newbridge Road, Hicksville, NY
11801, Board of Appeals File No. 118-99, the Board made the following
Decision:
1. Applicant is seeking relief by VARIANCE under Nantucket Zoning
Bylaw §139-16A (Intensity Regulations - setbacks) to validate the
current siting of a single-family dwelling constructed pursuant to a
1986 duly issued Building Permit No. 4906-86. The structure is sited up
to seven (7) feet into the front yard setback area in a district that
requires a minimum setback of 35 feet. A Certificate of Occupancy was
issued in September of 1987 for the existing structure. The Locus is
nonconforming as to lot size with the Lot containing 8,000+ square feet
of area in a district that requires a minimum lot size of 120,000 square
feet; as to front yard setback as described above; and as to frontage
with the Lot having 80+ feet of frontage along Marion Street in a
district that requires a minimum frontage of 200 feet.
The Premises is located at 3 MARION STREET, Assessor's Map
71.3.1, Parcel 20, Land Court Plan 5004-6. The property is zoned
Limited-Use-General-3.
2. The Decision is based upon the Application and materials
submitted with it and the testimony and evidence presented at the
hearing. The Planning Board made no recommendation as the matter was not
of planning concern. There were no letters on file and no opposition
expressed at the hearing.
3. Applicant stated that the dwelling was constructed in accordance
with Building Permit No. 4906-86. The siting of the foundation was
measured from what was thought then to be the accurate property
line which bordered the brush cut layout of Marion Street. Accurate
property lines were difficult to ascertain at that time due to the lack
of property development and infrastructure improvements in the
surrounding area, as well as lack of reliable boundary markers. It was
common practise to measure the siting of structures from brush cut
"streets", which have proven to not have been the actual street layout,
'! -i
causing mis-siting of structures such as the Applicant's. Applicant
represented that the mistake in siting the dwelling was unintentional
and the dwelling was sited at a location that was thought to be outside
the required setback areas. The error was not made known until a
surveyed plot plan was done by Charles W. Hart & Associates, Inc., dated
March 2, 1995 and revised December 2, 1999, as said "as-built" site
plans were not always required in 1987 to receive a Certificate of
Occupancy, which was issued to the Applicant. It was further stated that
the setback distances of 19.3± feet at the structure's closest point
from the southwesterly side yard lot line and 19+ feet at the closest
point from the northeasterly side yard lot line are not in violation of
the 20-foot required side yard setback distance as the Locus was a "Lot
of Record", as evidenced by the "Certificate of Non-Contiguous
Ownership", dated May 29, 1985, and on file, and allowed a minimum side
yard setback distance of ten (10) feet under Bylaw §139-33E(3)(a). The
structure is arguably protected from any enforcement action to cure the
nonconformity by the 10-year curative statute.
4. Therefore, the Board made a finding that owing to circumstances
relating to the topography of the structure on the Locus, especially
affecting said structure but not affecting generally the zoning district
in which it is located, a literal enforcement of the provisions of this
Zoning Bylaw would involve substantial hardship, financial or otherwise,
to the Applicant, and the desirable relief may be granted without
substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of such bylaw.
The Board further finds that requiring the Applicant to move the
dwelling would be of no discernible benefit to the neighborhood and
would cause financial harm to said Applicant. The structure has existed
in that location since 1987 with little impact upon the area.
5. Accordingly, by a unanimous vote, the Board GRANTS the requested
VARIANCE relief under Nantucket Zoning Bylaw §139-16A to validate the
siting of the existing structure/deck/stoop as currently shown on a site
plan done by Charles W. Hart & Associates, Inc., dated March 2, 1995 and
revised December 2, 1999, marked as Exhibit A and attached hereto, upon
the following condition:
- There shall be no further expansion of the building within
the 35-foot required front yard setback area.
Dated: January ~~-, 2000
Vale W. Waine
(.
~ Q I ~~
Edward J. Sanfor
_ _~~~I~~v~~
Edward Mur h w ~ <'S OFEICr
p y ~AfVT'IJCKET, MA 02554
JAN 12 2000
TIME:
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ZONING CLASSIFICATION: .~G/~~,-,-~ EXISi1NG;
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ro:./.Yf~T«=~~r B~1(/~ , . , , . , _ . • MORTGAGE PLOT PLAN
OF LAND IN
I CERT1Fr, TO THE BEST OF uY IwOwLEDGE, THAJj ~E PREMISES.
SHOwN ARE LOCATED W FLOOD NANTUC KET
MASS
HAZARD ZONE:. C:...,DQd~IEATEO
ON FJJtu. CoMMUNfTY PANEL NUMBER: 250230-00 .....C
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.
R~ /,2-,2- 99
SCALE: 1'= 3'O DATE
"
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THE FED EMERGENCY MANAGEMENT AGENCY
DATE : /~(,F, ,Z, ~99.s
.
OF MAPS: JUNE 3, 1986, MID AS PERIODICALLY REIASm. Owner. ~P.~P.G!T..toeq~',<//.,4, ,
THIS PLOT PLAN WAS PREPARED FOR A(ORTGAGE PURPOSE'S BCC 3C, s~: S.crs sc, ~8
Deed: ~..~T• , /,0,+7/T. Pian:'S~:• Sa?5:- ~
)NlY AND IS N07 TO BE CONSIDERID.A FULL 1NSTRUIiIEM ,
.3
4URVEY. THIS PLAN SHOULD
°ROPERTY ONES, FENCES, H Tart Alap: x.1,3•/- ~. Locus:/~R!Q~ ST
STRUCTURES ON 7HE PREAUSES: THE PROPE7tTY ONES SHOWN
tfl.Y oN CURRENT DEEDS AND PLANS OF P,EWRD CHAE2I~ES j~. HART & ASSOCIATES, InC.
.
M!S PLOT PWV IS NOT A CERTIFICATION AS TO THE iTT1
E OR
SANFORD BOAT BUILDING
.
)WNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJODTWG
'ROPERTIES ARE SHOWN ACCORDWG TO CURRENT ASSESSOR 49 SPARKS AVENUE
NANTUCKET
MASS
02554
tECORDS OF THE TOWN OF NANNCKET, ,
.
NOT TO BE RECORDED. (506) 228-8910 H- x/679
~-~
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON 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, DECEMBER 10, 1999, in the CONFERENCE ROOM,
TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on
the Application of the following:
JOSEPH T. ADRAGNA
BOARD OF APPEALS FILE N0. 118-99
Applicant is seeking relief by VARIANCE under Nantucket Zoning
Bylaw §139-16A (Intensity Regulations - setbacks) to validate the
current siting of a single-family dwelling constructed pursuant to a
1986 duly issued Building Permit 4906-86. The structure is sited up to
seven (7) feet into the front yard setback area in a district that
requires a minimum setback of 35 feet. A Certificate of Occupancy was
issued in August of 1986 for the existing structure. The Locus is
nonconforming as to lot size with the Lot containing 8,000+ square feet
of area in a district that requires a minimum lot size of 120,000
square feet; as to front yard setback as described above; and as to
frontage with the Lot having 80+ feet of frontage along Marion Street
in a district that requires a minimum frontage of 200 feet.
The Premises is located at 3 MARION STREET, Assessor's Map
71.3.1, Parcel 20, Land Court Plan 5004-6. The property is zoned
Limited-Use-General-3.
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~-;•: ~$oA Form 1-89 NANTIICKET ZON2N(i BOARD 08 APPEALB ~O a~7
.•.~
;" TOWN ARID COIINTY BIIII,A2N0 Da
NAN'PUCKET, MA 02554
CAGE No . ~,-~
APPLICATION /QFOR RELIEF
•. Owner's name (s) : ~105'PD`I ~ ~/~/^ G!G d/Q,
(i'
y,.• Mailing address: 3 ~Qp-iDV1 f'frrt ~ ~O~m /(/P/P~"J,. ~~I
`' Applicant's name: fOS' PYJti T ~,~v~. ~ ~,,, ~
Mailing address:
Location of lot: Asse$sor'b map and parcel number `,jam= - a~
street address: 3_~rio ~, Sp`nsP ~ /d~r~-, ~P~/Pig r ~l
Regist Land ~Ct Plan ~.~n Bk & Pg or Flan File ~~~{-~ I,ot
Date lot acquired: _/,_/~~ Deed RelIL7,~z Zoning district ~1XJ-3
Uses on lot - .commercial: None ,_ or _~PSidPr/~`cc~.~uiC ~•~~ MCDT_
N
- number of: dwellings 1 duplex- apartments- rental rooms
Building date(s): all pre-8/72? _ or /9~~ c of o?~S
Building Permit appl' n. Nos . f~9D6 -- 86
Case Nos. all BoA applications, lawsuits: *n /~
state fully all 5oning 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-z0A if a Special Permit (and 139-33A
Bit to alter or extend a noncon~'orming use). If appeal per 139-3]~A
_ attach decision or order appealed. oK to attach addendum .
r i ~u~e cr~~lL°v ~39-/~ /~ 7to .y~ul.'d~f~ a ~, u`r.'h -fie h 7~~`~x ~
,~`rdn~ yard ~d ~~~~ ya~~{ i~fr~si~ .~~~ rte, ~P ui,~.-~ ~~~f
y~~ o~~ S.`GP,~ yard s f{l~a~s sa.i'd .v~~ruf.~ 6P ~ s 9 ~-r~
fi^a~ „G+'rd ~ ~ ~g
~~/t-r s~T,jr' u~P~O -r~~ ~rr+ PGl Salr PG/ ~rs~i.~ ~li'•r o~~~vJ ~o ~ 6 us Li C~ u 7`
/`did wl:.~ an~eav Pct Q~cu~~:~ i'u /9~~'~wf~,lr,~~ ~` ~ ~ ~iaiJ ,~i~«~rafP .
Items enclosed as part of this Application: orders nddendum2
Locus map- Bite lan showing present +planne3 structures
Floor plans presen~ proposed- elsvat~ ns (HDG~appproved?-).
Listings lot area frontage setbacks: G~ parking data
Assessor-certitie3 addressee• I~st 4 setsma~l~ labels 2 sets
200 fee payable to Town of Nantucket pproof cap' covenant
(It an appeal, ask Tocc~n Clerk •to send'~ldg Comr s record to BoA:-f-
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties o= ps jury.
SIGNATURE: Z!/ .pplicant Attorney/agent _,
3(If not o ex ,r ,War's at orney, enclose proof of authority) i_°.~~
r°
FOR 8qA OFFICE USE
Application copies rec' d: 4_/_/or„_ for BoA on~ ~by~Q~ ,
One copy filed with Town Clerk on,~/~ by complete?L~ ;,
One copy each to Planning Bd and Building Dept~,~/~by,~('=~
S20o fee check giye~ Town~T/r~easurer on,~,/ ( ,~by aivedT _ ,_
Hearing notice poated,~~ ~~-~( mailed,,,/ I & M,~/,~/ , ~G~~~/
Hearing(s) on_„/,_/_ aont'~a to_,,,/~,,, _/~_ withdrawn?,_/_/_
Decision due by_/`/_ made~_/_ tiled TC_/,_,J_ mailed~_/_
See related cASee ~ lawsut~s other
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I CfltT1FY, TO THE BEST OF AIY KNOWLEDGE, THAI E PREIpSES
SHOWN ARE L.OCATID W FLOOD }IAZARO ZONE:. ' C::..,DELQVEATED
ON FJ.R.AI. / t~li1WAD1Y P/W0. NUWBER: 250230-00 .:~'..C, BY
THE FED EI~IEERGENCY WINAGEMENf AGENCY. EFFECTNE DAiE
OF WPS: JUNE 3, 1986, AND AS PERIODICALLY REVISED.
THIS PLOT PLAN WAS PR~ARED FOR MORTGAGE PURPOSES
ONLY AND IS NOT Tn •BE CONSIAERID A F11Li. ;'~STRUMEM J
SURVEY. TH1S PLAN SHOULDO s~~E~ ED E5T BUSH
PROPERTY ONES. FENCES. H D~ fE
S'1RUCTURES ON THE PREMISES. THE PROPER'T'Y LINES SHOWN -
RELY "' ~RREN'T DEEDS AND PLANS OF REC:?RD.
'' N IS NOT A CERTIFlCATION AS 10 THE TT!1 ~ ~',
''HE PROPERTY SHOWN. OWNERS Oh A~i~l~~l`~G
CHOWt~ ACCORDING TO CURRENT ASSESSOR
OWN OF NANTUCKET.
NOT TO RE
MORTGAGE PLOT PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: 1"= 30 ~ DATE: ~~ ,2, /99s
owner. ~~?.S~"Pf/.T, f!O.e.~ ~".</,!{ ,
6z(fC. 3C sr! S •vs sc ~s
Deed: ~:;~T. , /,0,7/7. .Plan: ~.- Sa?y- ~ .
.3
Tax !.'ap: 7/.,.3,./, '~. Locus:/LL(F,2lC~ S',T
CHAF,.Y.ES W. HART & ASSOCIATES, Inc.
SANFORD BOAT 9UII~DING
49 SPARKS AVENUE
NANTUC~T, MASS. 02554
Fi ~C()RDED. (508) 228-8810 H- y6 79
71.3.1-20-23
,, MA
^_~ S
KET ,
TUC
AN
FN
N0
TOW
4906-87
Certificate of .Occupancy No• MARION • ••
STRUCTURE • _ • • , „• • , ...... , located at No. .
This certifies that the ..................... • stantially to the approved
LUG-3 cenfflrms sub
Street.;.TOm.Nevers,.. NANTUCKETZone ..... ............... 0 ................ wa issued
49 6-86 s
....
lot plan and detailed statements for which Building Permit o•
19 86 N~tucket
AUGUST , 8 .................... .... to occupy or
• • This certificate therefore is issued to . • • • • • •'~0$~~'~' ' .~R~~HQ. ~ ~ .• . • • • • • • • • .... •
following purpose • • • " " "
use said premises or building or part ,thereof for the • • . • ... • • • . • • .. • .. . • . .
...............SINGLE FAMILY .DWEI;LING , ............... • .............. .
.......................................... Law of the Town of Nantucket.
subject to and in accordance with all the provisions of the Zoning By-
.. ~
SEPTEMBF•R 18,. 1987....... .. .. • Building '
Dated...... .... .. ..
_.. ,~
...~ ur this court declares notherwisen~ess
~~~zations omitted).
..~ ;~ ;, ~ z ~~
";'` ~ CERTIFICATE OF NON-CONTIGUQUS OWNERSHhP
,. ~ -
NES K. GLIDDEN. ESQ.
HARD J. GLIDDEN. ESQ.
>f7 C[NTRt ~TR[[T
.NTOCK[T, MAdtt. 04ED4
~~co~y _ o~ thb. said plays attac.`ft~ed ~
f ~ yiSie 1"n~'tts~ wa's•Purcfiased 'by L~.llan T1 Evans in 19.17. Title remained
• - . •- .
with her until July 15, 19".83 when-the locus was conveyed to its present
. ,.
I, the undersigned, David J. Moretti, being an ..attorney duly licensed
in the Commonwealth of P.4assachusetts, hereby certify that the locus property
described below has not been .held in common ownership with any contiguous
,:
parcels. at any time subsequent to .January 1,.1954.
.y
~•'Th.e locus property s~..~described in Certificate of Title 10,717 recorded
in~`xfie..Nantuaket •R~gist~ ~Dis`tr.~'tY•for the Land .Court and is shown as
Lots-S, 6,'7 and 8.ri Block No:~35"on Land Court Plan 5004-G, Sheet 5, filed
with Certificate of ,Title No, 81,3. in the above: ,said Registry District,
. owner:,Josep~i T ~ Adragna:: ~ -
g~;~%~,~C~e,~$ ab(~,tt,, X.fie.,lQaus -are°shown on the above said flan 5004~G
!. ~ ,~ot.~ : ~4 ;thxougfL~~9:, 4 a~cj ~:.irT ~ glock.'~6 and Lots 88 th~tigh 91 : ~
Bibcrk'31,
~K,,yaving :examined the publicxecords maintained at~~the Nantucket Registry
D~"~ x~ct:•for=they°Land'~Couxt ~~£e`ct.n,g the title to the locus property and
ttie:$~iutti'ng pp-gpertiesy :~rs_ set out above t I am of the. opsiniorn that the
lb ~~S~z°ttab~~~r-c1:4~ ip;'c4ntguous ownershi w~t~ ay of the said
abti ', 'g:_prope:~s-~at '~anx Mime .from 1954 tot :date of this writing,
`~Sii~iscri~l"ed and sworn :to under •'the pains and?pti.es of, perjuxy
this - a~~'dayy^of M`ay.1985, ;~ .. ~,, f:'" ~~
1 I~
:, ;..
1 - ~ .:. rr
j I Glidden' ~I c~den~ `I',C~ `
j 37 Centr` treet,° ~ ~~
' ~y
Nantucket ~ : 0.2554.
__ _ -
- - - -(617) .2~8-771 --....