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Home My WebLink About015-98TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: April l0 19 98 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: 015-98 - -...~: JEFFREY F. MARKS AND ANDREA M. MARKS Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. \ acne ~ Chairman cc: Town Clerk _- Planning Board ~. _~ ._ ---- - Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET ZONING 'BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (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 41 Parcel 482 R-1 4 Meadow Lane Deed Ref. 162/306 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, March 13, 1998, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of JEFFREY F. MARKS AND ANDREA M. MARKS, of 4 Meadow Lane, Nantucket, MA 02554, Board of Appeals File No. 015-98, the Board made the following Decision: 1. Applicants are seeking VARIANCE relief pursuant to Nantucket Zoning By-Law §139-32A from the requirements of Nantucket Zoning By-Law §139-16A (Intensity Regulations - side/rear yard setbacks). Applicants are seeking relief to allow the alteration of the easterly side yard lot line in order to cure the 0.5+ foot encroachment of a single-family dwelling and 0.1+ foot to 3.3+ foot encroachment of an aviary/storage shed upon the easterly abutting neighbor's property, shown as /y New Lane, Assessor's Map 41, Parcels 399 and 400. Applicants would accept a deed from their neighbor. for so much of the land that would cure the encroachment of the dwelling and the aviary/storage shed, though neither would conform to the required five-foot minimum side and rear yard setback. The Locus conforms to all other dimensional zoning requirements. The Premises is located at 4 MEADOW LANE, Assessor's Map 41, Parcel 482. The property is zoned Residential-l. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence submitted at the Hearing. The Planning Board made no recommendation as the matter was not of planning concern. There were no letters on file. The owners of the abutting property to the east, were represented by counsel who stated that his clients were in favor of the plan and were willing to enter into an agreement to reconfigure the common lot line. 3. Applicants, through counsel, represented that the existing single-family dwelling and aviary/storage shed were constructed in 1956 - 1957, a time prior to the 1972 enactment of the Zoning By-Law, and are validly grandfathered as to the zero setback distance from the easterly side yard lot line. The Lot also contains a small ancillary shed that is not situated within the required setback areas. Both structures encroach upon the abutting property to the east. The structures are constructed upon foundations and the Applicants do not intend to expand or move the aviary/storage shed to another location on the property. The reconfiguration would allow Applicants to completely enclose the subject structures within their own lot lines. However, the s~ructures would remain situated within the required five-foot side yard setback area and sited at less than one (1) foot from that lot line. The new lot line would be drawn in such as manner as to continue to maintain the required five-foot side yard setback distance of the structures on the abutting property to the east. The nonconforming four-foot rear yard setback distance of the shed will be unaffected by the reconfiguration. 4. Therefore, the Board finds that the alteration of the easterly side yard lot line of Applicants' Lot would be beneficial to the neighborhood and would cure a zoning violation to the extent that structures, that are currently encroaching upon the abutting property, would be entirely enclosed within the subject Lot, though still situated within the five-foot setback area, and that owing to circumstances relating to the uniqueness of the topography of the structures and especially affecting such structures but not affecting generally the zoning district in which the Lot located, a literal enforcement of the provisions of this Zoning By-Law would involve substantial hardship, financial or otherwise, to the Applicants, 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 the By-Law. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested VARIANCE under Nantucket Zoning by-Law §139-16A to allow reconfiguration of the easterly side yard lot line and to validate the siting of the single-family dwelling and aviary/storage shed at less than one (1) foot from that lot line after said reconfiguration, which would entirely enclose the subject structures within the Applicants' Lot, upon the following conditions: a. Further relief from this Board shall be sought for any alterations/extensions of the aviary/storage shed other than regular maintenance, such as re-roofing and side wall repairs; and b. The alteration of the the lot line shall be done in substantial conformance with the plan, done by Charles W. Hat, dated February 6, 1998, marked as Exhibit A and attached hereto. Dated: April ~d 1998 fiEC~l~'~~ TOWN CLERK'S OFFICE NANTt~CKFT ~ ~ ^ !??55~ PR 1 Q X998 TIME• _ n'~'~ ~Ss-r LERK:_ Dale W. Waine `~ ind illiams ~s M'cha 1 J. O'Mara ~~ g~ ancy Sev ens Timothy Madden ,' .y N A A Vr G1AA30 vi i N~ f~ 0 o Z 2 O~~,A22~2 ~ you ~ i~~~ p O~ O ~ A~~.L ~ Zp• N 'a O •- r o e r x .......... ~ ~a~A 30.50 ~ ~pO OH A b o m '' 4w$ m ? i~~, m ~ y:~~0 N a ~ h ~ N A y 93 ~ y > ~ ± ~` ..> . " b • a ~ ~ ro boa '° ~ ~ ?~~O ~ a~~o ~' \ ~ ~ ? h .6V ~ n b a 2` I ~D f ~~. ~ z~ o~ ~y_, t~ 4 ~ ~~ ~~ J ~p ~ ~ ~+..2LRg .~3• to ^• 4~ O o a A .~o.'R. J9~~._• yo ~O "~`y ae C .f~~ `_ q `} ~ bar ~ ra H~ fit. '~ ,a o ~~ ~ W~;7o 6 ;V m - • 4 •. O 4 4 j0 V d b { 000 ~s'\ ~ b ~, ~!~ ~ ~ { ~~e I S N o 9 z ~ = ~ ~ ~ n r ~ b~ r o 2 t~ 2 f~ a. ~ ~~++ z + Z bi fin ` 1 ~i ~ a a < F ~ ~ N ~ x d ~ fC(' T _ C ~ ~\ nyDZ Ilinnn .1~. ~ ~ D ~ Dr N a~ p m < 2 D V ~ ~~ ~41~2Z ~ ,; +Q= '^ 2 x ; 2 o O ~' i M b b N. 7 c ~E a ~ • A ~ O c~ M a ~ ~ ~ do;DD= P 0 4~R'O o " S " y ~ 1 ~ G '~~c~ ~ n v~ a ; g n ~ ~ su o m ~ ~ ~, a 2 y nbb ° .,. ~ ? ~ TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE THE MEETING TO CHECR THE TIME A SPECIFIC APPLICATION STILL BE HEARD A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, MARCH 13, 1998, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: JEFFREY F. MARKS AND ANDREA M. MARKS BOARD OF APPEALS FILE N0. 015-98 Applicants are seeking VARIANCE relief pursuant to Nantucket Zoning By-Law §139-32A from the requirements of Nantucket Zoning By-Law §139-16A (Intensity Regulations - side/rear yard setbacks). Applicants are seeking relief to allow the alteration of the easterly side yard lot line in order to cure the 0.5+ foot encroachment of a single-family dwelling and 0.1+ foot to 3.3+ foot encroachment of an aviary/storage shed upon the easterly abutting neighbor's property, shown as 2 Meadow Lane, Assessor's Map 41, Parcel 399. Applicants would accept a deed from their neighbor for so much of the land that would .cure the encroachment of the dwelling and the aviary/storage shed, though neither would conform to the required five-foot minimum side and rear yard setback. The Locus conforms to all other dimensional zoning requirements. The Premises is located at 4 MEADOW LANE, Assessor's Map 41, Parcel 482. The property is zoned Residential-1. ~d~ ~ ~ (~ ~ECE~~~~ Dale W. Waine, Chairman TOWN CLERK'S OFFICE NANTUCKET, MA 02554 FEB 2 5 1998 TIME: THIS NOTICE IS AVAILABLE IN LARGE PRINT O~R OTHER ALTERNATIVE. (.50~~-~~8=721 ~ . FORMATS. FOR ASS~ISTANC;E LALL _ ~_ __ BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS '/4Dateg TOWN AND COUNTY BUILDINC3 NANTUCKET, MA 02554 Q~~ CASE No. ADpLICATION FOR RELIEF Owner's name(s): JEFFREY F MARKS & ANDREA M MARKS Mailing address: 4 Meadow Lane Nantucket MA 02554 Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number 41-482 Street address: 4 Meadow Lane, Nantucket, MA 02554 Registry i{,axi~xS~xPlan, ~Y$xix~kx~x~gx~icx~~tsxix~2~kg None wait Date lot acquired: X23 78 Deed Ref162,306 Uses on lot - commercial: None ~ or MCD?~_ - number of: dwellings 1 duplex 0 apartments rental roomsQ Building date(s): all pre-8/72? Yes or C of 0?NLA Building Permit appl'n. Nos. N/A Case Nos. all BoA applications, lawsuits: N/A State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what rounds you urge for BoA to make each finding per Section 139-32A if Variance, 139-30A if a Special Permit (and 139-33A if to alter or extend a nonconforming use). If appeal per 139-3~A & B - , attach decision or order appealed. OK to attach addendum . Applicant seeks variance in connection with curing side-line ~and~ ~ear~-line encroachments-See "addendum attached. Items enclosed as part of this Application: orderl addendum2 X Locus map Site plan X showing present X +planned structures Floor plans present proposed~Aelevations ~ (HDC approved?~~ Listings lot area *~rontage * setbacks * GCR * parking data Assessor-certifie3 addressee Ii t 4 sets mail ng labels 2 sets 8g200 fee payable to Town of Nantucket.. proof 'cap' covenant~A 1(If an appeal, ask To Clerk to send Bldg Comr s record to BoA.) * ee adden m attached. I certify th th r quest d information submitted is substantially complete an true to he b st of my knowledge, under the pains and penalties o e ~ Andrea M. Marks SIGNATURE• Applicant Attorney/agent X •T eodore L. Tit1 otson, the r attorne 3(If not•owne or owner's at~orney, enc~ ose proof of authority) FOP. Bo/A OFFICE USE Application copies recd: 4 V or for BoA on~~~ P by One copy filed with Town Clerk on~~by com lete? One copy each to Planning Bd and Building Dept 2/~~~ by $200 fee check given Town Treasurer on~~/ by waived. r ~-- Hearing notice posted ~ mailed~~/~I & M~Z~~'~S, ~~.~ Hearing (s) on~_J_ cont' d to~~_, ~~_ withdrawn?~~_ Decision due by~_/_ made~~_ filed TC_/_/_ mailed~_/_ See related cases lawsuits other Zoning district R-1 Addendum to Application for Variance - 4 Meadow Lane Jeffrey F. and Andrea M. Marks DISTRICT: R-1 MINIMUM AREA: 5,000 sq. ft. MINIMUM FRONTAGE: 50 feet SET-BACK: FRONT: 10 feet SIDE & REAR: 5 feet G.C.R.: 30~ (2, 383 sq. ft. ) 7,943 sq. ft. 99.7 feet 21.2 feet 42.3' and less than 5' 17.7 (1,419 sq. ft.) Applicants request a variance from Section 139-16, Intensitv Regulations, rear and side-line set-back, in order to cure encroachment of dwelling house and aviary/storage shed upon neighbor's property. The lot at 4 Meadow Lane, upon which applicants' dwelling is located, has never been shown on a plan of record. The dwelling house was constructed in 1956-1957 prior to zoning and encroaches upon applicants' abutters property by approximately 0.5 feet and the aviary/storage shed encroaches from 0.1 foot to 3.3 feet along applicants' easterly lot line and is 4 feet, more or less, from the rear lot line, as more particularly shown on the annexed plan entitled "Mortgage Plot Plan of Land in Nantucket", drawn by Charles W. Hart & Associates, Inc., dated January 14, 1998 (see Exhibit A). Applicants desire to cure the aforesaid encroachments by accepting a deed from their neighbor for so much of the land that neither the dwelling nor the aviary/storage shed would encroach upon their neighbor's property however, neither the dwelling nor the aviary/storage shed would conform to the five (5') foot minimum side yard and rear yard set-back requirements of the Zoning By-law (see Exhibit B). 01/14/1998 12:52 5082281322 ~I~ITUCKET BAtJC -/ PACE 81 ,~vr ,E' ..4 D .~. X - .9 9.T O W -- i K~ K~ Z O j. ~ o ry w/k~ h U Ilo~ d~' Lf n r ~ 4 _ ~~ ~ ' ~ G.C.= /R73 "1 ~ - l ~t 3 t s.x ~ ~ ~ - ~ ~ ~ 1lICCK ~~ O.f i 4 -i N~ _~ ,q ~ ~. ~ ~~~_ _, / .99.9 ~ ... ~ ? ~ ' ~r -.moo / R/F ~ Gillil p L w. ~ ~ w.~ ~ -~-J9 MORTGAGE PLOT PLAN N,4„rTVCK~e~ .e.ani!'~ T0:. ......... OF UWO IN PREII~FS MASS . NANTUCKET ~,,, ,~ ,~ ~ ~ ,~ ~ ,-„~ ,-~ , SFg11N ARE LOCATED N FL000 HAZARD ZONE:.".C :..~ELNEJQED ON FJ.R.IL / COHYIMTY P11NEL Ml11BER Z~30-00 . !!.. ~I, HY FFfEC11V'E DATE GElIQiT AGENt'Y A 1's .20" GATE: l-t-f -9s ~E~ . NA THE FEDERAL ENERCENCV Y OF yApS; ,~ 3. 1966, AND A5 pERIQOIGLLY RENSED. J',CF~-R.CY f; ~INl~R~E.~ M. _ Owner. . ~ f ' NOKL J~ .4R~ J TWS PLOT PLW NGlS PREPARED FOR YORT6+10E PURPOSES Dead: !F 2 -30G Pion: . ~"v.ra . .¢ ,..~,f,4yow ONIT ANO IS N07 TO BE CONSIDERID A FULL INS U~ Tax Map: .'~/: ~$? Locus: .~.~^!~ . T145 PIAN S7f0UlD OE SURVEY . PROP£lTf1' LINES. FENCES, HED STTtUCri1RES ON THE PREA115E5. THE PROPERLY 1JNFS SMOwN CHARLES R. HART ~ ASSOCIATES, II1C• RELY ON CURRENT DEEDS AND PLANS OF RECORD- SANFORD BOAT HUII.DING TTas PLOT PU4N is NOT A CERTIF1CA11oN AS TO THE TITI£ OR 48 SPARKS AVEN1JIs OWNERSHIP of THE PROPERJY SHOWN. OwNErtS OF AO,t01NINc PROPEHTIE5 ARE SHOWN ACCOROWC TO CURRENT ASSES50R NANTUCKET, 1dAS3. 02554 RECORDS OF THE TDN?i OF NANTUCKET. NOT lb BE RECORDED. (508) 228-8910 H-,SSOZ c\~~n~ ~ ~~~ BoA Form ~ -/l ItiC~iS~ /-~- ~'~. g~ {.~3~ c~~~-~~~, ~~ 228'- yob-s9 NANTUCKET ZONING BOA_ttD OF APPEALS TOWN.AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSORS LIST OF PAitTIES IN INTEREST PROPERTY OWNER: A2('C~S L-~~~~~ ~ ~~~~~~' APPLICANT FOR RELIEF (SAME? ) ~~1'~cr ADDRESS OF PROPERTY : ~ PiLs'A~ 1~dw (~-~ ~ ASSESSORS MAP & PARCEL: ~I ~ ~ ~ , 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 cn any public or private street or way; and abatters of the auutters a:~d all other land owners within three hundred feet of the property line of Owner's property, as they ( ar_d their address) appear on the most recent applicable tax list {per M.G.L. c. 40A, Section ll Zoning Code Chapter 139, Section 139-29D (2)}- Date P.ssessors Office Town of Nantucket *NOTE: Applicant (petitioner) should include with the lot for which zoning relief is sought, any com-ronly-owned abutting lots which ;night beco:~e involved in the zoning natter. List r.:ap and parcels foY eac'.: abutter. JAN 2 9 ~~ - ., 02/02/98 TOWN OF NANTUCKET PAGE 1 08:57:56 OWNER'S MAILING ADDRESS LIST MUAS750 8.5 Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 0041 0447 LYNCH FRANCIS J & KATHERINE M PO BOX 1141 0008 MAYHEW LN NANTUCKET MA 02554 0041 0446 *COGGESHALL THEODORA PO BOX 1255 0009 MEADOW LN NANTUCKET MA 02554 0041 0445 DEACON BARBARA Y 7 MEADOW LN 0007 MEADOW LN NANTUCKET MA 02554 0041 0444 OKEEFE CLAIRE E ETAL 0005 MEADOW LN 0005 MEADOW LN NANTUCKET MA 02554 0041 0443 CORKISH RICHARD B PO BOX 636 0006 MAYHEW LN NANTUCKET MA 02554 0041 0398 CHAPMAN JOYCE 0205 COLONIAL AVE 0003 MEADOW LN ALBANY NY 12208 0041 0397 *HILTS BEVERLY A TRUSTEE PO BOX 876 0018 NEW LN NANTUCKET MA 02554 0041 03961 *BARR JOAN & CROSS KENNETH P 4 CROWN COURT 0002 MAYHEW LN NANTUCKET MA 02554 0041 0396 *BUNEVICH CAROL & MERSON JOHN C PO BOX 445 0004 MAYHEW LN SIASCONSET MA 02564 0041 0403 HILTS BEVERLY A ETAL PO BOX 876 0010 MEADOW LN NANTUCKET MA 02554 0041 0402 CATON RICHARD G & PHYLLIS 8 0149 MAIN ST 0006 MEADOW LN NANTUCKET MA 02554 0041 04011 *LOWELL ANDREW G & SHERRI V 4 NEW LANE 008R NEW LN NANTUCKET MA 02554 0041 04012 GARGANO PAUL A & SHEILA K PO BOX 444 0010 NEW LN W HYANNISPORT MA 02672-0444 0041 04013 *CALLAHAN MEG S & TIMOTHY H TRS 281 ROGER WILLIAMS AVE 0008 NEW LN HIGHLAND PARK IL 60035 0041 0400 PEW WILLIAM M & LUCILLE f PO BOX 975 0012 NEW LN NANTUCKET MA 02554 0041 0482 MARKS JEFFREY f ETUX 0004 MEADOW LANE 0004 MEADOW LN NANTUCKET MA 02554 0041 0399 PEW WILLIAM M & LUCILLE F PO BOX 975 0014 NEW LN NANTUCKET MA 02554 0041 0299 *DALE KEVIN f TRUSTEE C/0 BOX 659 015R MADAKET RD BHM NOMINEE TRUST NANTUCKET MA 02554 0041 0539 *CROWLEY ARTELL IV & ALICE B 6 NEW LANE 006R NEW LN NANTUCKET MA 02554 0041 0294 CROWLEY LINDA L & JONES BONITA PO BOX 96 0006 NEW LN CUMBERLAND CTR ME 04021 0041 0538 *GRUNDLER RICHARD 1113 DORSET ST 0009 MADAKET RD CHARLOTTE VT 05445 0041 0286 VIGNEAU BARBARA 0015 MEADOW LANE 0005 NEW LN NANTUCKET MA 02554 0041 02851 RICHARD & JOANNE E CUMMINGS 718 NE 11 AVE 007A NEW LN POMPANO BEACH FL 33060 0041 0285 CUMMINGS RICHARD L & JOANNE E 0718 NE 11 AVE 0007 NEW LN POMPANO BEACH FL 33060 0041 0284 GEDDES ROBERT H PO BOX 107 0009 NEW LN NANTUCKET MA 02554 0041 0283 *PINAULT HARRIETT M LIFE ESTATE 4 NEW LANE 0011 NEW LN C/0 ANDREW & SHERRI LOWELL NANTUCKET MA 02554 02/02/98 TOWN OF NANTUCKET 08:57:56 OWNER'S MAILING ADDRESS LIST Map Block Lot rnmer's/Co-owner's Name Mailing Address/City State Zip Property LOCaL;~ 0041 0282 SHAW CHRISTINE HYGATE 0041 KENDRICK RD 0015 NEW LN HARWICH MA 02645-1516 0041 02801 LEFRANCOIS RONALD J & MARIA S 4637 WINDOM PL NW 0017 NEW LN WASHINGTON DC 20016 0041 0280 LEFRANCOIS RONALD J & MARIA S 4637 WINDOM PL NW 0036 WOODBURY LN WASHINGTON DC 20016 0041 0276 *EWING CARREL W & GAYLE H 585 WASHINGTON AVENUE 0037 WOODBURY LN PaLO ALTO ca 94301 0041 02761 EWING CARREL W & GAYLE H 0585 WASHINGTON AVE 0035 WOODBURY LN PALO ALTO CA 94301 0041 02762 *EWING CARREL W & GAYLE H 585 WASHINGTON AVENUE 0033 WOODBURY LN PALO ALTO CA 94301 0041 0279 BLACKMORE JOSETTE 77 WEST VIEW RD 0034 WOODBURY LN VOORHEESVILLE NY 12186 0041 02791 COLLAMORE ROBERT & LINDA 0019 PADDOCK LN 0032 WOODBURY LN N ANDOVER MA 01845 0041 0566 SWAIN BERNARD L & PAULA M 1210 WINDROCK DR 0012 BARNABAS LN MCLEAN VA 22102 0041 0567 AUSTIN THOMAS W & JEAN A TRS 0004 BAYBERRY 0010 BARNABAS LN AUSTIN BARNABAS REALTY TRUST PORTOLA VALLEY CA 94028 0041 0568 KLEIN JACK J & PHYLIS 0167 CENTENNIAL DR 0008 BARNABAS LN MEDFORD NJ 08055 0041 0569 *CONDON MARGARET C 16 NANTUCKET ROAD 0006 BARNABAS LN WELLESLEY MA 02181 PAGE 2 MUAS750 8.5 NUMBER Of RECORDS = 38