HomeMy WebLinkAbout033-98TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSAC~ItiTSETTS 02554
Date: May ~ 1998'
TO: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.; 033-9$
Owner/Applicant: HEIRS OF GRANT W. LEFT
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, Massac2ausetts 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 fiWENTY
(20) days.
Dale W. Waine Chairman
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMJT AND WILL $XPIRE IF NOT ACTED UPON AGCQRDING-TO NANTUCKET
TUNING BY-LAW ~139~30I (SPECIAL FERMITS); §239-32I {VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING f30ARD OF APPEALS.
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BOARD pF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISIQN:
The BOARD OF APPEALS, at a public hearing held on Friday, Apri110,1998, at
1:00 P.M. in the conference room of the Town Annex Building at 37 Washington Street,
Nantucket, Massachusetts, made the following DECISION on the application (033-9$} of
the HEI12S OF GRANT W. LEFT, (Roselyn R. Leet, Jack Bruce Briganti and Dan Henry
Brigand} c/o Marylyn Leet, 6113 Leitch Lane, Tracy's Landing, Maryland 20779, owners
by virtue of Certificate of Title No. 18355 at the Nantucket Registry District for the
Land Court.
1. The Applicants are seeking relief by VARIANCE pursuant to Nantucket
Zoning $y-Law section 139-32A from the Intensity Regulations of Nantucket Zoning
By-Law section 139-1bA (front yard setback) and a SPECIAL PERMIT under Nantucket
Zoning By-Law section 139-16C(1), to reduce the westerly front yard setback from
School Street from the required thirty {30} feet to then {10) feet, and to reduce the
easterly side yard setback requirement from ten (10) feet to five (5) feet, respectively.
Applicants propose to construct a 24+ x 33 +single-family dwelling. This 792 square -
foot structure would result in a 3.7±% ground Dover ratio in a district that allows a
maximum ground cover ration of 12.5% or 1500 square feet far this 21,106 ± square-foot
lot situated in an 12-2 district that requires a minimum lot size of 20,000 square feet and
in a LUG-2 district that requires a minimum lot size of 80,000 square feet. The structure
will be built entirely within that portion of the Lot that is situated in the R-2 zoning
district. Applicants applied fax and received a Variance and Special Permit from this
Board on August 23,1991, BOA File No. 049-91. The Decision was appealed by various
butters, with the Decision being upheld by the Superior Court and judgment entered in
favor of the Applicants- The Special Permit relief has not expired by will do so during
the hearing process for this Application. The Variance relief granted in BOA File No.
049-91 has arguably expired prior to this Application being filed and. Applicants are
now before this $oard seeking re-issuance of both the Variance and Special Permit
relief. A similar Application with submitted and subsequently withdrawn without
prejudice in BOA File N~. (?0&-98.
The Premises is located at 24 WEST'EItN AVENUE, Assessor's Map 87, Parcel 76,
Land Court Plan No. 8256-B, Lot A. The property is zoned RESIDENTIAL-2 and
LIMITED-USE-GENERAL-2.
2. The Board's decision is based upon the application and materials submitted with
it, plans, and representations and testimony received at the hearing on April 10,1998.
There was one letter of opposition to the requested Variance and Special Permit, and
one abutter appeared in opposition at the hearing. Based on the previous Superior
Court ruling, the Planning Board recommended that the requested relief be granted,
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3. The Applicant applied far and received a Variance and a Special Permit
from the Board an August 23,1991, in conn4~ction 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) aril the
Board's decision was upheld by the Superior Court after a trial. The Judgment in that
case was entered on October 18,1993.
Because this property consists of land subject to the state and local wetlands
protection act, rua Building Permit could have issued for any structure on the site
without a valid Order of Conditions undex both the state and the local wetlands laws.
After extensive hearings and litigation the Nantucket Conservation Commission issued
an Order of Conditions under the Nantucket Wetlands By-law on November 2i, 1995,
and under the state wetlands protection act, the Department of Environmental
Protection issued a Superseding Order of Conditions approving the project on
November 10, 1995. This Superseding Order was appealed by abutters to an
administrative law judge at DEP, and the final derision of that judge dismissing the
abutters' appeal of the Superseding Order was dated .~pril 16, 1996.
The 1Taritance issued by the Board of Appeals was therefore valid until May 16,
1997. Before the Variance expired, the Applicant applied for asix-month extension
wl-uch 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 16,199$.
4. The Applicants represented through counsel that the lot, which is a~n
existing vacant lot of record that was created in 1922 and has been held in separate
ownership, is 40 feet wide and has an area of 21,106 square feet according to the record
plan (which area is in fact much larger given the accretion of the beach along this part of
the Island). The property is bounded by School Street to the west and Western Avenue
to the north, both of which are public ways shown on the Land Court Plan. The
Applicants request that the School Street fxontage be consid-erect the #rflnt yard and that
the setback from School Street be diminished from 30 feet to 1p feet, which relief may be
granted by a Variance under the Nantucket Zoning By-Law. The Applicant also
requesfis that the side yard setback be reduced from 10 feet to 5 feet along the easterly
lot line, which relief may be granted by Special Permit in this RESIDENTIAL-2 zone
under the Nantucket Zoning By-Law. At the public hearing, the Applicants agreed to
maintain a 17 foot setback from the southerly elevation of the dwelling to Western
Avenue, exclusive of an entry or stairs, though the required minimum setback under
the By-Law is only 1iJ feet.
5. Therefore, the Board finds that due to the extrerxte narrowness of the lot
and the embankment which separates the house site from the beach are unique
circumstances relating to the shape, topography and soil conditions which specifically
affect this lot but do not generally affect the zoning district, Iiteral enforcement of the
front yard setback provisions of the Zoning By-Law off School Street would render this
validly pre-existing lot unbuildable and cause a substantial hardship to the Applicants.
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With respect to the Variance, concern was expressed at the public heaxing regarding
safety at the intersection of School and Western Avenue. However, the Board finds
given the topography of School Street, the gate at the entrance to School Street that is
locked by the Town to prohibit vehicular beach traffic during sununer days, the siting
of the existing houses in this area, and general traffic patterns, the Board finds a 10 foot
setback from School Street will be adequate and will not create a traffic hazard pattern-
Itwas represented to the Board of Appeals that the Applicant proposed a structure with
no more than 792 squarn feet of ground cover. Such a structure is consistent with other
houses in the neighborhood and the Board further finds that the relief requested to
allow the construction of a house of this size is consistent with the neighborhood and
thus may be granted without detriment to the public good and without nullifying the
intent and purpose of the By-Law.
6. With respect to the Special Permit for the reduced sideline setback, the
proposed structure's setback is consistent with the separation between other structures
in the neighborhood- The $oard finds that the side-yard reduction from XO to 5 feet is in
harmony with the general purpose and intent of the Zoning By-Law, and will not be
substantially more detrimental to the neighborhood.
7. For the reasons set forth herein, the Board by a unanimous vote hereby
GRANTS a VARIANCE to the extent necessary under Section 139-16A so as to reduce
the required front yard setback from School Street from 30 feet to 10 feet and hereby
GRANTS a SPECIAL 1'ERN11T under Section 139-16C(1) so as to reduce the side yard
setback from 10 feet to 5 feet along the easterly boundary on the following conditions:
(a) that the ground cover as defined in the Zoning By-Law far the structure to be
constructed on the Premises not exceed 792 square feet, with a maximum building
envelope (exclusive of decks} of approximately 24x33 feet; (b) there shall be screening
maintained along the upland portion of the easterly boundary; (c) the dwelling,
exclusive of an entry or stairs, be constructed no closer than 17 feet from Western
Avenue; and {d} that one parking spacersl~all~e provided on-site, ~
Dated: May ~ 7.948
RECEIVED
TOWN C K~ S ~ 02554
NANT1-1C
MAY 0 8 1998
TIME:.-...----
CLERK:
Dale W. Waiv.,e~1,~Chairman
b@'d dH2 13~i~f11NaN tib:SZ 866:-88-~.t1W
Timothy R. Madden
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
PLEASE BE ADVISED• AS THE MEETING IS SCHEDIILED ON GOOD FRIDAY/PASSOVER,
SHOIILD YOII HAVE RELIGIOIIS CONSTRAINTS PROHIBITING ATTENDANCE, PLEASB
CALL THE OFFICE ASAP AND EVERY EFFORT FTILL BE MADE TO ACCOMMODATE YOII
A Public Hearing of the NANTUCKET BOARD OF APPEALS will be
held at-1:00 P.M., FRIDAY, APRIL 10, 1998, in the CONFERENCE ROOM,
TOWN ANNEX BIIILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts,
on the Application of the following:
HEIRS OF GRANT W. LEET
BOARD OF APPEALS FILE N0. 033-98
Applicants are seeking relief by VARIANCE pursuant to Nantucket
Zoning By-Law §139-32A from the Intensity Regulations of Nantucket
Zoning By-Law §139-16A (front yard setback) and a SPECIAL PERMIT under
Nantucket Zoning By-Law §139-16C(1), to reduce the westerly front yard
setback from School Street from the required thirty (30) feet to ten.
(10) feet, and to reduce the easterly side yard setback requirement
from ten (10) feet to five (5) feet, respectively. Applicants propose
to construct a 24+~ x 33+~ single-family dwelling. This 792+
square-foot structure would result in a 3.7+% ground cover ratio in a
district that allows a maximum ground cover ratio of 12.5% 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-2 district that requires a minimum lob size of 80,000
square feet. The structure will be built entirely within that portion
of the Lot that is situated in the R-2 zoning district. Applicants
applied for and received a Variance and Special Permit from this Board
on August 23, 1991, BOA File No. 049-91. The Decision was appealed by
various abutters, with the Decision being upheld by the Superior Court
and judgement entered in favor of the Applicants. The Special Permit
relief has not expired but will do so during the hearing process for
this Application. The Variance relief granted in BOA File No. 049-91
has arguably expired prior to this Application being filed and
Applicants are now before this Board seeking re-issuance of both the
Variance and Special Permit relief. A similar Application was
submitted and subsequently withdrawn without prejudice in BOA File No.
008-98.
The Premises is locate 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-2.
Dale W. Waine, Chairman
:'C:+ F~- .•~ ; - ~_ ~ IQiuiTUCI':ET ZONING BOARD OF I',PPF.ALS
TOP]DI AND COUNTY BUILDING Date ~ /
NANTUCKET, MA 02554 mac- (sue/
Case ATo.V~-_
APPLICATION FOR RELIEF
Oc,~ner's name(s): Heirs of Grant lJ. Leet
Maillrig address: c/o fioselen Leet, 6113 Leitch lane Tracy's L~ndine• `iP '0779
Applicant's Name: Sa1nC
Mailing Address:
Location of Lot: Assessor's map and parcel number 47 - 76
Street Address: _ 2y 4destcrn Avenue, Nantucket AtA 02554
Registry Land Court Plan 556-B Lot n
L.C. Cent
Date lot acquired: 6 /~ /~ ~C~1.CTSyXY:S~K 1165 Zoning district x-2/LUC-2
Uses on lot - commercial: None XXX or
i~ICD?
- number of: dwel'_ings duple:i_ apartments rental roans
Building date(s): all pre-9/72? or \one C of 0?
Building Permit appl.Nos. None
Case Nos. all BOA application Nos. 049-91
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 \ if Variance, 139-30A ~ if a Special Permit ;and 139-33A
_ if to alter or extend a nonconforming use). If appeal eer 139-31A
B _, attach decision or order appealed. OK to attacl: addenduT. .
See Addendum A attached.
RECEIVE
TOWN CLERK'S O~~ll:o~`
NANTUCKET, M>n (32:~~~
MAR 2 41998 "
DIME: ~". ~a P!`'1 -
? s-f ,~
~1~ ~RK:_~ __
Items enclosed as part of this Application: order ,i addendum- ~1.L
Locus map~L Site plan~yy showing present_ +plannedy~ structures
Floor plans present_ proposed- elevations- (HDC approved
Listings lot areay~ frontage,~yl setbacks Xxx GCRy~ parking data
Assessor-certified addressee list 4 sets XXX mailing labels 2 sets
S200 fee payable to Town of Nantucket proof3 'cap' covenant
1(If an appeal, ask Town Clerk to send Bldg Comr's record to 30 .)
I certify that the requested information submitted is substantially
complete a nd true to the best of my knowledge, under the pains and
penalties of perjury.
SIGNATURE.: By: Attorney/Agent ys
1
Melissa D. Phi rick .
3(If not etmer or oa:ner's attorney enclosA nronf ^f ~tr~~t^ ,~t
FOR~BoA OFFICE USE //~~ ~ ,Q~~~
Application copies rec' d: ~// or_ for BoA on c~ //~,/1~~b.~ `"- -"
One copy filed with Tot:~n Clerk on~/~/~~by ~-f~~-C/ complete? 1~
One copy each to Planning Bd and Building)Dfept/~~'~~by ~G~
$200 fee check given Totan Treasurer on~/"GI/~~~by?c~C~-~~:•aived? ~-J
Hearing notice posted~~~/c/~ailed~,~/(4I&i~'k-~/~<~~?f~d
Hearing(s) on_/_/_ cont'd to_/_/_, _/_/_ withdra'.:'n?_/_/_
Decision due by_/_/_ ntade_/_/_ filed TC_/_/_ mailed-/_/_
See related cases lawsuits other
/** all t:'ith proper sign-offs; 13875-96 open permit for cn.go~r.q
net;ovations. -
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. This lot of record has an area of 21,106 square feet. Since
the 1922 Land Court plan, more than 10,000 square feet for additional land has
been added 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 was upheld by the Superior Court after a trial.
The Judgment 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. After extensive hearings and litigation the Nantucket
Conservation Commission issued an Order of Conditions under the Nantucket
Wetlands By-law on November 21,1995, and under the state wetlands protection
act, the Department of Environmental Protection issued a Superseding Order of
Conditions approving the project 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 Apri116,1996.
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 application was filed
have changed, and the Applicant merely seeks a re-issuance of the Variance and
the Special Permit.
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
one of the streets with a 10 foot side yard setback from the other street and from
the eastern property line. The location of the coastal bank and the unusual shape
of this lot makes adherence to the front yard setback impossible.
The Applicant requests that a ~a~iance ber eissued reducing the~back
from School Street from the 30 feet required to 10 feet. The Applicant's plan
shows a 17 foot setback requested from Western Avenue instead of the 10 foot
side yard setback required, which setback is consistent with the setback from
Western Avenue of the immediately adjacent cottage. Similarly, the reduction in
the side yard setback on the easterly boundary from 10 to 5 feet is consistent with
the neighborhood and in harmony with tie general purpose and inte ,,f,,th.~J ~~~,
Zoning By-law:- ~ } ~o ~ ~.~rn l~ 9 -lCu Cz C/) ~C~"
~ ~~ -.sr -e.-~-- C~C~ ~Pi ~c-~e Ycx~c~
G~
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.
The Board's decision to grant this same Variance and Special Permit has
been upheld by the Court, no circumstances have changed and accordingly, relief
by Variance and by Special Permit as requested should be granted.
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EOA FOR~4
PROPERTY OGINER
NANTUCKET ZOl`IING BOAP.D OF APPEALS
T0~~1N AND COUl`iTY BUILDIi•1G
NANTUCKET, Pte? 02554
ASSESSOR'S LIST OF PARTIES IN Ii•1TEP,EST
Grant I.eet
F.PPLICANT FOR RELIEF (SAME? );
ADDRESS OF PROPERTY:
24 Western Avenue, Nantucket, I`W 02554
2/8~
Roselyn Leet, Daniel Briganti, Jack Briganti
ASSESSOR'S C~IAP/PARCEL: i`[ap 87
_ Parcel 76
LIST OF PARTIES INCLUDING ADDRESSES
* (OR SEE ATTACHED )
A
I certify that tYie 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 o:1
the most recent applicable tax list [per M.G.L. c. 40A, §11 and Zoning Cc~'i:
Chapter 139, §139-29D(2)].
Date Assessor's Office
Town of Nantucket
-;~TL: Applic~Int (P`tltlOn?r) should include ~•;ith the lot for ~•-hich <,
_~'_ieE is sought, an~~ conunonlti~-o:•med abutting lots ~•;hich r.~.ight become
~:~•.•o1~,~zd in th? zoning matter. List map and parcels for each abutter.
Submitted by: Melissa D. Philbrick, Attorn2~.~
Data : it,, .,,char 1 4, 1 X97 --
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