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HomeMy WebLinkAbout008-98***** TOWN OF NANTUCKET • BOARD OF APPEALS ~~. ,~ • ~`°' NANTUCKET, MASSACHUSETTS 02554 *********************************************************** y o~--~8' WITHDRAWAL FORM File No. Map ~ Parcel IN RE: THE APPLICATION OF ****************************************************************** UPON THE REQUEST OF THE APPLICANT(S) MADE: prior to after PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE ABOVE CAPTIONED APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS: RECE1~1= TOWN CLERK'S OFFICE NANTl.1CuF~ ~^~ n2554 MAR (14.1998 TIME: ___ .... -- ---_ CL~K: WITHDR~InI,AL_____..~ c DATED: -~r'~O~ - . i~'~~-~- ~, l q 48' acknowledge as a matter right and without prejudice approve without prejudice approve, but with prejudice (~ in full of the said application of so much of said application as: MELISSA D. PHILBRICK, P.C. Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Melissa D. Philbrick Tel: (508) 228-5151 Fax: (508) 228-5155 Emily Avery December 24,1997 BY HAND DELIVERY Paul S. Jensen, Administrator Nantucket Zoning Board of Appeals 37 Washington Street, First Floor Nantucket, MA 02554 Re: 24 Western Avenue, Nantucket Dear Paul: Enclosed for filing please find the original and copies of the completed Application for Relief with Addendum A, the locus map and the site plan attached, along with our check in the amount of $200.00 for the filing fee. I have also enclosed 4 copies of the abutters list and 2 sets of mailing labels. If you have any questions or require additional information, please do not hesitate to call. Sincerely, ~ yam; ,~ _ l~' _ _ Virginia R. Robinson Legal Assistant to Melissa D. Philbrick Enc. cc: Roselyn Leet c/o Marylyn Leet (w/ enc.) Dan Briganti (w/ enc.) Jack Briganti (w/ enc.) Joe Guay (w/ enc.) Town Clerk (w/ enc.) RECEl~~ TOWN CLERK'S OFFICE NANTUCKET, MA 02554 DEC 2 41997 TIME: CLERK: BcA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 APPLICATION FOR RELIEF Case No. - Owner's name(s): Heirs of Grant W. Leet Mailing address: c/o Roselyn Leet, 6113 Leitch Lane, Tracv's Landing, MD 20779 Applicant's Name: Same Mailing Address: Same Location of Lot: Assessor's map and parcel number 87 - 76 Street Address: 24 Western Avenue, Nantucket, MA 02554 Registry Land Court Plan 8256-B Lot A L.C. Cert Date lot acquired: 6 / 2 / 23 %X 1165 Zoning district R-2/LUG-2 Uses on lot - commercial: None XXX or MCD? - number of: dwellings duplex- apartments rental rooms Building date(s): all pre-8/72? or None C of O? Building Permit appl.Nos. None Case Nos. all BOA application Nos. 049-41 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 139-31A & B _, attach decision or order appealed. OK to attach addendum See Addendum A attached. Items enclosed as part of this Application: order ..___ addendum~~ Locus map~~ Site planxxx showing present- +plannedxxx structures Floor plans present- proposed- elevations- (HDC approved ) Listings lot areal frontage xXX setbacksxxx GCRg~ parking data Assessor-certified addressee list 4 setsXXX mailing labels 2 sets~~ $200 fee payable to Town of Nantucketxxx proof3 'cap' covenant 1(If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: By: G'% ~ Attorney/Agent ~~ Melissa D. Philbrick 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies recd: or_ for BoA on One copy f filed with Town Clerk on_/_/_ by_ One copy each to Planning Bd and Building Dept_ $200 fee check given Town Treasurer on_/_/_ Hearing notice posted-/_/_ mailed-/_/_ I&M Hearing(s) on_/_/_ cont'd to_/_/_, _/_/_ Decision due by_/_/_ made-/_/_ filed TC_/ See related cases lawsuits -/-/- by complete? _/-/- by ~y waived?_ _ withdrawn?_/_/ _/_ mailed-/_/ other /** all with proper sign-offs; 13875-96 open permit for ongoing renovations. Page 1 ADDENDUM The Applicant owns Lot A on Land Court Plan No. 8256-B (a copy of which is attached). This forty foot wide Lot has been held in separate ownership since acquired in 1923. The lot of record has an area of 2,106 square feet. However, since the 1922 Land Court plan, approximately 275 feet of additional beach appeared as a result of accretion. The Applicant applied for and received a Variance and a Special Permit from the Board on August 23, 1991, in connection with this property at 24 Western Avenue (Assessor's Map 87, Parcel 76; ZBA File No. 049-91). That decision was appealed by various abutters (Nantucket Superior Court Case No. 91-83) and the Board's decision wasupheld by the Superior Court after a trial. The Judgement in that case was entered on October 18,1993. Because this property consists of land subject to the state and local wetlands protection act, no Building Permit could have issued for any structure on the site without a valid Order of Conditions under both the state and the local wetlands laws. Tl1e Notice of Intent under state and local wetlands laws was filed on August 30,1991, and an Order of Conditions was issued by the Conservation Commission on October 31, 1991, denying the project. This Order was appealed both under the state and the local acts. The appeal under the local wetlands by-law is c~lirectly to the Superior Court, and after a trial Judgement was entered by the Court on October 3,1995, overturning the denial and ordering the Commission to issue a permit allowing the project to proceed. The Nantucket Conservation Commission issued an Order of Conditions under the Nantucket Wetlands By-law that is consistent with the Court's decision on November 21,1995. Under the state wetlands protection act, the appeal is to the Department of Environmental Protection ("DEP") which issued a Superseding Order of Conditions overturning the Commission's project denial and authorizing the project to proceed on November 10, 1995. This Superseding Order was appealed by abutters to an administrative law judge at DEP, and the final decision of that judge dismissing the abutters' appeal of the Superseding Order was dated April 16,1996. The abutters had 30 days from receipt to appeal that decision. Accordingly, the decision under the state wetlands protection act was not final until, at the earliest, Mav 16,1996. Paget The Variance issued by the Board of Appeals was therefore valid until May 16,1997. Before the Variance expired, the Applicant applied for asix-month extension which was granted Uy the Board on May 15, 1997. The Variance has expired as of November 16,1997. The Special Permit granted by the Board is still valid and will not expire until May 16,1998. None of the circumstances under which the initial appeal was filed have changed, the special permit remains in effect and the Applicant merely seeks a re-issuance of the Variance. The Applicant still proposes to construct a 24 foot by 33 foot single family dwelling at the top of the embankment adjacent to Western Avenue as shown on the attached plot plan. This 792 square foot structure would result in a 3.7% ground cover given the area of the Lot shown on the recorded plan. The portion of the Lot where the structure will Ue constructed is zoned R-2 which has an allowaUle ground cover of 12.5%. In order to construct this dwelling, zoning relief is necessary with respect to the setback requirements. The Lot is bounded to the north by Western Avenue which is an improved public way, and to the west by School Street which is a 40 foot wide public way used for access to the beach. Under current interpretations the front yard setback of 30 feet would only be measured from Uoth Western Avenue with a 10 foot side yard setback from School Street and from the eastern property line. The location of the coastal Dank makes adherence to the front yard setback impossiUle. The Applicant requests that a variance be reissued reducing the setback from Western Avenue from the 30 feet required to 24 feet. The 24 foot setback requested is consistent with the existing setback from Western Avenue of the immediately adjacent cottage. The extreme narrowness of the Lot and the embankment which separates the house site from the beach are unique circumstances relating to the shape of the land and its soil conditions which specifically affect this Lot but do not generally affect the R-2 Zoning District. A literal enforcement of the front yard setback provisions of the Zoning By-Law would involve substantial hardship to the Applicant given that the Lot would be rendered unbuildable. The relief requested is consistent with development in this area of Surfside and may be granted without detriment to the public good and without nullifying the intent and purpose of the Bti~-Law. Page 3 The Board's decision to grant this same Variance has been upheld by the Court, no circumstances have changed and accordingly, relief by Variance should be granted. J O J . , C~,,. /c , ~.,; `~ ~ ~ ~ ~ ~1 3 .~,,,~. ~ ~, rn. ~1 f G ~ ~~ a~ ~~ <.1- _ ;;- - ~.~.j ~ ;-- , a-1~ ~~o.~ z ~ I ~ d~ u ~ I Fr/v l I W ~~ 3~ ~ d ~ ~1 ~~ ~~ ~~ I I I I a 1 J 1 ~-~ I ~i ~ v I t --~ <------ ~ /O ~ ~ (70 ,cLO,, 1 U u 0 2 Q ~o•o~ I L o T ,~, f'~aG i1CF<. >= %-!, 106 f 5 r A~E1. i.~ Q-1- 7, P97' S. F, .Z'f ,~ 3 S peoPos ~G (/w ~l1-/~/ (~ (y9zs.F~,.~.~ I~~ I-r ILL I 1 t ~~ , ~~ ~~ ti N Q xJ ~ "Y I , ~\\ b /jfbyj // Q ^U' \` Q t, Q ~ '<< I J ~ ', ~ ~1 -~ y N ~ N I \ ~~ 1 1n1 t i ~ "/ ~ ~ H ~ M1~ P 1_ ~~, 1 I ~(` ~ ~ .4 ~'~ fOR PROPERTY U~;E DETER.ti",NAiION T'~I'~S P~[)7 PL.~'; RELIES ON CUFRENT 0 EDP F'L C~ F _ \tf?;FI:_(1 F~Y FI:.IL ti+ Si;~?.~ ~`.i'., , _ r, . 1 ~. _. ~ ~ ~ ~- ~ ~ ~~ ~ I• --L~~ `1 I ~`~H 0( 44 at JJ~; ~~ MICHAEL s. FiACH M AN rfo. zmra ( ~,r QFCI LaE~ l~ ~Oh` G, .. I ~i~~ L~ ~~i ~ DLE~ N QOARD OF APPEALS PLOT PLAP; I.. fJA!JTUCK,ET, r.1ASSACHUSETTS CURRENT ZONING: w_,,.~,c, ~..,f~_: ~-z~/-~~--~- SCA!~E: i ~~_ /;: DarE: ,qP:~,~i~ / r.~INIMUM LOT SIZE: ~ ~ ~~~ ~ e~, c~'o _.- ~ DEED REFEREr,C-~ c c. cG~,. ~ //~- h1INIMUr.1 FRONTAGE: :~•~ ~ ~'- ~ -~ -~ PLA~~1 REPEREr;CL ~.c. ~~. ~ z ~,~~ FRONTYARD SETEACr".: ^->~ ~'- ~' SIDE AND REAR SETPACI~; i.~~~~" ,",-(~ ,.. kSSESSGF.'S FL ERENCE: ALLOY/AE3LE G.C.R /' r/ ~; I~ f•~.~T.°'. r.~F, ~; 7 F-r-,,_~ 7G EXISTING G.C.R.. .~I. F. PREi=t,E~D FO' , _ , ~; v I`-( ~__ BOA FOP.M 2 / 8 NANTUCKET ZONING BOARD OF APPEALS TOrs1N AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSOR'S LIST OF PARTIES IN INTEREST Grant Leet PPOPERTY OWNER: APPLICANT FOR RELIEF (SAME? ) ; Roselyn Leet, Daniel Briganti, Jack Briganti P.DDRESS OF PROPERTY: 24 Western Avenue, Nantucket, MA 02554 ~Iap 87 _ Parcel 76 ASSESSOR'S MAP/PARCEL LIST OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED ): I certify that the foregoing (or the attached ) lists all persons, natural or legal, who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters oL the abutters and all other land owners within three hundred feet of the property line of Owner's property, as they (and their address) appear o:,. the most recent applicable tax list [per M.G.L. c. 40A, X11 and Zoning Co~T Chapter 139, §139-29D(2)]. Date / Assessor's Office Town of Nantucket ,.pi~TE: Applicant (Petitioner) should include ~~~ith the lot for ~shich _: i ief is sought, any commonly-o:aned abutting lots ~~:hich Pai ght becoM~_ ~1;-.~olved in the coning matter. List map and parcels for each abutter. Submitted by: C-lalissa D. Philbrick, Attorne~~,~_ Date ; Tlar~mhar 1 R, 1 X97 ___ -_ ~~ ~,~- i ,i8. ;~% ;afl=R'S MAILIrJG AGDR_SS LIST MUAS73~ i3:3J:2' f!a~ lock Lo: Owner's/Co-Owner's Nave Mailing Acdress/amity State Zip Property Locaticn CJ87 6081 *APTHORP CARL R III TRUSTEE 0003 SOUTH CONE RG GC32 IiESTER`J :.V THE N.FRY LOUIS= APTHCPP TR JST fiU33Ar~~STCfi "A C1»:? 6087 0080 *rJAr:TUCKET W:.TERVIE'd ASSOC LLC ~ 7;,JTEhIJ 41,:Y C.%C 6,ESTERr' :..`~ 6087 6079 *NArTUCKET 41ATERVIEd ASSOC LLC 1<i TPUTEi^G 4~A'! 0:;3J '.WESTERN A'1 CO87 6078 JEMISON CAROLYN H G12C a00DLArtD AV. CJZa 4:ESTERN A`J SUMh!I7 NJ C79C CCi;7 0077 JEMISOrJ STEVEN 0".2C 4;GODLANJ AVE CC26 6iESTERN A'/ SUMMIT r,J 07508 0087 0075 HARVEY ELEANOR K 5j02 GREENLA4JiJ GR OC2% 'rES'iERN AV FSET'r,ESDA MD 20814 6087 OJ74 MULLEN JAh1ES E PO 5CX 60> CG2C 4iESTERS AV nOLLA.`~J PA 18965 0087 C073 ROP'_TZKY STEVEN ~ CECILIA 30X 2- :,C'.8 IdESTEk` A`/ STILLb!ATER NY 12i7G C087 0072 JARRELL NANTUCKET RLTY TRUST 0173 ALLEN A`:E OCi6 6:~Sf"cRN A7 ~EIJTON MA O~i68 008? 0071 *DALTO^I GEORGE E PAJLINE ANN 255 F'.SERU DRIVE GCi4 WESTERN A'J SLOOhIFIELD W. 3304; OOQ7 009» AI•IERICAPI YOUTH HOSTELS IrIC D5A 1026 COMMONiIEALTH AVE 0031 WESTERN AV STAR CF TH"c SEA YfH HS~L 90STGiJ MA 02215 Cp87 0093 AMES NOMINEE TRUST G23G SAhIS r1IGHaAY CnJ01 STATIGN ST C/0 MF:S DOROTHY COOPER A,`1 ES NE~i CANAAN CT O684C 0087 0152 COFFIN HENRY EST 0~ Ci02 CROSS5RG0~<. ~D CC27 '.iESTEkrJ AV C/0 COFFIN H~rIRY rJE'e MILFORD CT G~776-3C63 0037 OC96 "MCMASTER CLAUDE H ETAL 0053 RACESRCCK RG 0023 WESTERN AV ., MERICC,rJ .T 06431 0087 OG97 DAMS HELEN V TR 0%~12 rIARVAEZI ST OG[1 L!ESTERPI AV THE DAMS FAMIL'( REALTY T RUST VENICE FL 34285 6037 OG99 *FISHER JOHN N JR & DARCEY n 32 F: 2M ST OC15 W`STER?: AV DOVER h'A 02030 OOc7 0100 R~ILLY PETER C R LETIZIA ~.i HOf1EWARD LN G169 SURFSIDE RD 6JALPOLE MA 0208"~ (,087 0117 TERRIO h1ARY r G127 SUMMER ST GCIi '.1ESTERN AV WALTHAi^. MA C2154 0087 0116 TEP.RIO ARTHUR R ETAL C127 SU`:MER 5f OG04 CJrIGNICUS ST 4:A~TFiA'' fIA 02134 OO,z,'7 012? KdTZ FRAfIK D E GRAESER Eh'.ILY T 1~C~ CANYGIJ Rr 0003 AURIGA S". SAND Fc Nr! 37501 00;3? C151 COFFIN HENRY EST OF C102 CROSSBROOK P.G 0004 Ai:RIGA ST C/0 COFFIN HENRY NE'.i rIILFOkD CT 06776-3065 CO8? C148 MCMANUS AGNES M ETA! C~i02 GX50L1 Lri OOJ6 AURIGA ST c/o P NCMANUS Dove NH G3820-2126 0087 0149 FOLGER DAVID TR 0002 IVY L^! OOJ3 STATIOJJ ST h1ARI0N A'_LEN FOLGEP, TP FALMOUTH FIh 0~54C 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, FEBRUARY 13, 1998, in the CONFERENCE ROOM, at the TOWN ANNEX, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: HEIRS OF GRANT W. LEET BOARD OF APPEALS FILE N0. 008-98 Applicants are seeking relief by VARIANCE pursuant to Nantucket Zoning By-Law §139-32A from the requirements of Nantucket Zoning By-Law §139-16A (Intensity Regulations - front yard setback) to reduce the front yard setback from Western Avenue from thirty (30) feet to twenty-four (24) feet. Applicants propose to construct a 24' x 33' single-family dwelling. The 792+ square-foot structure would result in a 3.7±9b ground cover in a district the permits a maximum ground cover ratio of 12.59 or 1500 square feet for this undersized 2,106+ square-foot lot situated in an R-2 district that requires a minimum lot size of 20,000 square feet and in an LUG-II district that requires a minimum lot size of 80,000 square feet. Applicants applied for and received a Variance and Special Permit from this Board on August 23, 1991, ZBA File No. 049-91. The Decision was appealed by various abutters, upheld by the Superior Court and judgement entered in favor of the Applicants. The Special Permit relief has not expired. However, the Variance relief has since arguably expired and Applicants are now before this Board seeking reissuance of the Variance relief. The premises is located at 24 WESTERN AVENUE, Assessor's Map 87, Parcel 76, Land Court Plan 8256-B, Lot A. The property is zoned Residential-2 and Limited-Use-General-II. l~ECEI~E~ TOWN CLERK'S OFFICE NANTUCKET, MA 02554 JAN 2 8 1998 Dale w. Waine, Chairman TIME: CLERK: THIS NOTIGE~ IS AVAILABLE IN LARGE PRINT O~R OTHER L ALTERNATIVE. FORMATS.. FOR _ ASSISTANCE VAL_ _ ~ -- BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 ,~,~p~ Case No . (~-~ APPLICATION FOR RELIEF Owner' s name (s) .Heirs of Grant W. Leet Mailing address : c/o Roselyn Leet. 6113 Leitch Lane, Tracy's Landing, MD 20779 Applicant' s Name : Same Mailing Address: Same Location of Lot: Assessor's map and parcel number 87 - 76 Street Address : 24 Western Avenue. Nantucket. MA 02554 Registry Land Court Plan 8256-B Lot A L.C. Cert Date lot acquired: 6 / 2 /?~ X~C~~~ 1165 Zoning district R-2 LUG-2 Uses on lot - commercial: None XXX or MCD? - number of: dwellings duplex apartments rental rooms Building date (s) : all pre-8/72? or None C of O? Building Permit appl.Nos. None Case Nos. all BOA application Nos. OG9~~1 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 139-31A & B attach decision or order appealed. OK to attach addendum See Addendum A attached. Items enclosed as part of this Application: order __ addendum~~ Locus map~_ Site plan~g showing present +planned~ structures Floor plans present- proposed elevations (HDC approved ) Listings lot area~g frontages setbacks~g GCRXXX parking data Assessor-certified addressee list 4 setsXXX mailing labels 2 sets $200 fee payable to Town of Nantucket~g proof3 'cap' covenant 1(If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: By: Attorney/Agent ~g Melissa D. hilbrick 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE ~/ Application copies rec' d: ~or for BoA on ~/~/~~ by One copy filed with Town Clerk on~,(~~ by complete? One copy each to Planning Bd and Building Dept by $200 fee check given Town Treasurer on,~~~~ by waived? Hearing notice posted~~~~I~ mailed,~/~/~~I&M~/ld,f ~', ~1/~/ Hearing (s ) on_/_/_ cont' d to_/_/_, _/_/_ withdrawn?_/_/_ Decision due by_/_/_ made-/_/_ filed TC_/_/_ mailed-/_/_ See related cases lawsuits other /** all with proper sign-offs; 13875-96 open permit for ongoing renovations. Page 1 ADDENDUM The Applicant owns Lot A on Land Court Plan No. 8256-B (a copy of which is attached). This forty foot wide Lot has been held in separate ownership since acquired in 1923. The lot of record has an area of 2,106 square feet. However, since the 1922 Land Court plan, approximately 275 feet of additional beach appeared as a result of accretion. The Applicant applied for and received a Variance and a Special Permit from the Board on August 23,1991, in connection with this property at 24 Western Avenue (Assessor's Map 87, Parce176; ZBA File No. 049-91). That decision was appealed by various abutters (Nantucket Superior Court Case No. 91-83) and the Board's decision wasupheld by the Superior Court after a trial. The Judgement in that case was entered on October 18,1993. Because this property consists of land subject to the state and local wetlands protection act, no Building Permit could have issued for any structure on the site without a valid Order of Conditions under both the state and the local wetlands laws. The Notice of Intent under state and local wetlands laws was filed on August 30,1991, and an Order of Conditions was issued by the Conservation Commission on October 31,1991, denying the project. This Order was appealed both under the state and the local acts. The appeal under the local wetlands by-law is directly to the Superior Court, and after a trial Judgement was entered by the Court on October 3,1995, overturning the denial and ordering the Commission to issue a permit allowing the project to proceed. The Nantucket Conservation Commission issued an Order of Conditions under the Nantucket Wetlands By-law that is consistent with the Court's decision on November 21,1995. Under the state wetlands protection act, the appeal is to the Department of Environmental Protection ("DEP") which issued a Superseding Order of Conditions overturning the Commission's project denial and authorizing the project to proceed on November 10,1995. This Superseding Order was appealed by abutters to an administrative law judge at DEP, and the final decision of that judge dismissing the abutters' appeal of the Superseding Order was dated April 16,1996. The abutters had 30 days from receipt to appeal that decision. Accordingly, the decision under the state wetlands protection act was not final until, at the earliest, May 16,1996. Paget The Variance issued by the Board of Appeals was therefore valid until May 16,1997. Before the Variance expired, the Applicant applied for asix-month extension which was granted by the Board on May 15,1997. The Variance has expired as of November 16,1997. The Special Permit granted by the Board is still valid and will not expire until May 16,1998. None of the circumstances under which the initial appeal was filed have changed, the special permit remains in effect and the Applicant merely seeks a re-issuance of the Variance. The Applicant still proposes to construct a 24 foot by 33 foot single family dwelling at the top of the embankment adjacent to Western Avenue as shown on the attached plot plan. This 792 square foot structure would result in a 3.7% ground cover given the area of the Lot shown on the recorded plan. The portion of the Lot where the structure will be constructed is zoned R-2 which has an allowable ground cover of 12.5%. In order to construct this dwelling, zoning relief is necessary with respect to the setback requirements. The Lot is bounded to the north by Western Avenue which is an improved public way, and to the west by School Street which is a 40 foot wide public way used for access to the beach. Under current interpretations the front yard setback of 30 feet would only be measured from both Western Avenue with a 10 foot side yard setback from School Street and from the eastern property line. The location of the coastal bank makes adherence to the front yard setback impossible. The Applicant requests that a variance be reissued reducing the setback from Western Avenue from the 30 feet required to 24 feet. The 24 foot setback requested is consistent with the existing setback from Western Avenue of the immediately adjacent cottage. The extreme narrowness of the Lot and the embankment which separates the house site from the beach are unique circumstances relating to the shape of the land and its soil conditions which specifically affect this Lot but do not generally affect the R-2 Zoning District. A literal enforcement of the front yard setback provisions of the Zoning By-Law would involve substantial hardship to the Applicant given that the Lot would be rendered unbuildable. The relief requested is consistent with development in this area of Surfside and may be granted without detriment to the public good and without nullifying the intent and purpose of the By-Law. Page 3 The Board's decision to grant this same Variance has been upheld by the Court, no circumstances have changed and accordingly, relief by Variance should be granted. ' 133x1 = •1~ 1 w ` I o `~ ~ O gi fin f . 0 2 ~ t ' ~ « I N ~ A ~ •~ ~ 133a s ~ ' h M ~ .. 8 ! 133a1S 3N18000M I I N ~ I I > t - e is wmd 4 • K t _ a ~, I~ , A M !' v ~ _ - I N + e w » ~ • P N e O ~ 4 e ' e - _ _ S 1 Sal ~ ~ • . avidod o : ~ # SR r ~ ~ - M I ^~ s. Fe avow 30-sdans ~ ` I N ~ ~ _ ~ err- ~ • J r .aA ~ • ~ ~ • • '• , ~ c ~ - , w ~ R • ~ M 1 - Y.' w ~ ~; . ; - :o. Y - - „< . M e •• bl .,~y _" r A wg 4 . ~ NOI1v1S W A -~ C 3 ~ A ~ • M I Diy ^ » s °d x . N ~ ~',w~ ~~,~ ~v ~ ~ • • " i e a W W ~ h . ~ aavnos Ivvo~ow n A M M ~ _ ~ ._` 3M3M \ . . c < ~« .~ o r M nN ~- ~ ~~ V w t a x • . ~ / ~/ ~ P r / ,,~ ) s~~~ ~ `P 3~ A;~,.~C~ 'fir i9~sr d/,t8 F~ ~o,oo ~L.~~ Sb ~a ~ `i'I p ~ W W l~ ' V~ 3~ Z ~Y ~d J~ ~~ ~a ~~ 4 v! fOR PROPERTY LINE DETERMINATION TNiS PLOT PLAN REUES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED ©Y FIELD MEASUREMENTS AS SHOWT! HERFO'J. NANTUCKET SUP,V~YORS INC. THIS PLAN IS NOT REPRESENTED TO E?~. F. nltF .~ A',1~dDY Y:r.~ EXAF.IINATION OR A. RECCF<DF3LE SUf?v,-r 1,;,~1-~~~,-,;.,r-- ~,~ ~, f~-,:;~~ f; ~~ ~,.y ~/// CURRENT ZONING: M-~~-~A ¢°~`~~ ~'z~~~~"Z SCALE: / ~~= /o ~ DATE:.4P,~/~i~ ~. MINIMUM l0T SIZE: 20, ooa ~ Bo, o0o s. F MINIMUM FRONTAGE: ~S/ Aso F-r DEED REFERENCE: ~.c. «T. ~ //~ FRONTYARO SETBACK: 30~ 3s F~ PLAN REFERENCE: c..c.P~-• 8zsc- SIDE AND REAR SETBACK: ~o era ~ ASSESSOR'S REFERENCE: Fr~i~ ~Q L,r o~ g 7 PARCEL: 7~ ALLOWABLE G.C.R.: /Z.S/ ~/ ~~ ~~°~-a) MAP: PREPARED FOR: EXISTING G.C.R.: .~1. a. /VI A /~/L Yn/ L F E T PE,•~ ,C o G, L oT A )QFLeKD /1~. t 1-1~ I o6 * 5 ~ ,Q2Ed i~ Q-2- 7, 897-` s•F, .4~ rte. ~/a-z = /3~2ny ^s.~ ,~ 1 i I ~ a ~_ ~ ~ ~.~ i~~ ~ ~ ~ v I --~ ___ c /o ~ _ ~ !30 ~a.~ I 7 1 0 Z 2 Q z~~33 ~R.oPos ED ~nJEL1-/n/ lr ~7'9zS•F. G.c~ i ~ i ~ ~1 ~., 1- t~ 1 i 1 A a ~~ 7 ti ~ o XJ w 0 0 a'~~~`N o~ 4r,~~ ,° MtCMAEI ~ ~ s. BACHMAN ~. ~ ~~~gfCi EQE~ S` O 7 ~~ -Y a Rc~ - - - - - - - - 3y-~!y ~~.~~- - -~--'- - - _~~ ~° -~ ~ I ~ ~) ~ -~ ~ ~ ~~ ; . ~.I " N ,~ ~ `J ~ 4i µ ~ " ~ ~ ~C ~ ~~ ~ f vL ~r'(3A~K NfIJT L To ~ ~- , Z ~- ~- _ .~- ~ ~ ~. ~ i ~DLEp`N- BOARD OF APPEALS PLOT PLAN ~aT ~~. u-rl ~ IN NANTUCKET, MASSACHUSETTS .-- _. ~ ~v ~~-~ t` BOA FORM 2/gg NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSOR'S LIST OF PARTIES IN INTEREST Grant Leet PROPERTY OWNER: APPLICANT FOR RELIEF (SAME? ) ; Roselyn Leet, Daniel Briganti, Jack Briganti ADDRESS OF PROPERTY: 24 Western Avenue, Nantucket, MA 02554 * ASSESSOR' S MAP/PARCEL : Map 87 _ Parcel 76 * LIST OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED ): I certify that the foregoing (or the attached ) lists all persons, natural or legal, who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within three hundred feet of the property line of Owner's property, as they (and their address) appear on the most recent applicable tax list [per M.G.L. c. 40A, §11 and Zoning Code Chapter 139, §139-29D (2) ] y 1_ - v Date Assessor's Office Town of Nantucket *NOTE: Applicant (Petitioner) should include with the lot for which zo_~iT,_Jr relief is sought, any commonly-owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. Submitted by: Melissa D. Philbrick, Attorney Date : DecemhPr 1 R, 1 997 _ Client : R~SPIvn 1 PPr 121 18; i7 TJ'd,V 0. NANTUCICE~i 13:30.21 OWN=R'S MAILING ADDRESS LIST t?ao Block Lo' Owner's/Co-Owner's Naps Mailing Andress/City State Z'ip Pr operty Location 0187 0081 *APTHORP CARL R III TRUSTEE 0003 SOUTH COME RC OG32 IJESTEkN AV THE MGRY LOUISE APTHORP TRUST HUBBAP.DSTON MA 0145? G087 008C *NANTUCKET WATERVIE'd ASSOC LLC 1c~ T:,UTEMJ W;:Y C03C biESTERhJ AV N~.NTUCKET MA 02554 0087 OG79 +NANTUCKET WATERVIEW ASSOC LLC 16 TAUTEI"C WAY 0031 4JESTERN AV NANTUCKET MA 02554 0027 C078 JEMISON CAROLYN H G12C bI00DLAtJD AVE 00?e WESTERN AV SUMMIT NJ 07901 C087 0077 JEMISON STEVEN 0120 4!OODLAND AVE 0026 6iESTERN A'l SUMMIT NJ 07908 0087 0075 HARVEY ELEAtJOR K 5802 6kEENLASJN DR OC2G 6'c STERN AV BETHESDA MD 20814 0087 0074 MULLEN JAMES E PO BCX 605 002G WESTcRN AV HOLLA^ID Pn 18966 0087 C073 ROPITZKY STEVEN & CECILIA 30X 2-. ;;C18 WESTERN AV STILL4!ATER NY 12170 C087 0072 JARRELL NANTUCKET RLTY TRUST 0173 ALLEN A?'E OOi6 b:ESTERN A'/ NEtdTON MA 0216 0087 0071 *DALTO"J GEORGE & PAULINE ANN 255 F?SERU DRIVE GC14 WESTERN A'J BLOOMFIELD WI 53045 OOQ7 0094 AMERICAN YOUTH HOSTELS INC DBA 1020 COMMONWEALTH AVE 0031 WESTERN AV STAR CF THE SEA YTH HSTL BOSTON MA 02215 0087 009> AMES NOMINEE TRUST G2>0 CAhIS HIGHv1AY 0001 STATIGN ST C/0 MkS DOROTHY COOPER A MES NEW CANAAN CT 06840 0087 0152 COFFIN HENR'( EST OF 01 U2 CROSSBRGOK kD C027 SiESTEkN AV C/0 COFFIN HENRY NEW MILFCRC CT 05776-3065 0087 0096 *MCMASTER CLAUDE H ETAL 0053 RACEBRGOK RD OCt5 WESTERN AV S MERICAN CT 06451 0087 0097 DAMS HELEN V TR 0612 NARVAEZI ST 0021 4!ESTERN AV THE DAMS FAMILY REALTY TRUST VENICE FL 34285 0087 0099 *FISHER JOHN N JR & DARCEY D 32 FARM ST OC15 WESTERhJ AV DOVER MA 02030 0087 0100 REILLY PETER C & LETIZIA 43 HOMEWARD LN G169 SURFSID E RD WALPOLE MA 020~i 0087 0117 TERRIO t1ARY c 0127 SUhJMER ST G011 WESTERN AV WALTHAM MA 02154 0087 0116 TERRIO ARTHUR R ETAL 0127 SUMMER ST 0004 CONONIC US ST hALTHA7: P!A 02154 0087 0127 KATZ FRAtIK D E GRAESER EMILY T 1300 CANYGN RC 0003 AURIGA S. SANTA 'rE NM 87501 0087 0151 COFFIN HENRY EST OF C102 CROSSBROOK P.D 0004 AURIGA ST C/0 COFFIN HENRY NEW MILFORD CT 06776-3065 0087 0148 MCMANUS AGNES M ETAL 0002 GXBOW LN 0006 AURIGA ST C/0 P hICMANUS DOVER NH 03820-2126 0087 0149 FOLGER DAVID TR 0002 IVY L"! 00'03 STATION ST MARION ALLEN FOLGER TR FALMOUTH MA 02540 PAGE MUAS75C 8. ', fJUPIBER CF RECORDS = 23