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Home My WebLink About034-98TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: May ~ 19gg To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 034-98 Owner/Applicant: CATHRYN CONNORS PALMIERI 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. ~i , ~ "l.J Dale W. Waive ~ C an cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPEG~IAL 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 63 3 Sheep Pond Road Parcel 25 Land Court Plan 35820-B, Lot 5 LUG-2 Cert. of Title 13,040 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, April 10, 1998, in the Conference Room, Town Building Annex, 37 Washington Street, Nantucket, Massachusetts, on the Application of CATHRYN CONNORS PALMIERI, c/o Theodore Tillotson, P.O. Box 1530, Nantucket, MA 02554, Board of Appeals File No. 034-98, the Board made the following Decision: 1. 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 and side yard setbacks). Applicant proposes to move an existing single-family dwelling from its present location, proximate an eroding coastal bank on the southwesterly portion of the property, to a point no closer than ten (10) feet from Sheep Pond Road (front yard lot line) and no closer than five (5) feet from the easterly side yard lot line, in a district that requires a minimum front yard setback of 35 feet and a side yard setback of 15 feet. The coastal bank is said to have eroded to the edge of the existing structure. The Locus is non-conforming as to lot size, having an area of less than 53,250+ square feet (as originally shown on Land Court Plan 35820-B), in a district that requires a minimum lot area of 80,000 square feet. To the extent necessary, Applicant further seeks a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A to relocate said dwelling as the Lot is now said to be more non-conforming as to minimum lot size due to the coastal erosion. The premises is located at 3 SHEEP POND ROAD, Assessor's Map 63, Parcel 25, Land Court Plan 35820-B, Lot 5. The property is zoned Limited-Use-General-2. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made a favorable recommendation on the Variance request. There were no letters in support or opposition in the file. 3. Applicant, through counsel, represented that the existing 962± square-foot single-family dwelling plus attached decks is in danger of being destroyed due to the severely eroding coastal bank that bi-sects the property from a point on the southeasterly portion to the northwesterly corner of the Lot. The lot area has decreased from.52,809+ square feet to 40,445+ square feet as indicated on a surveyed plot plan done by John J. Shugrue and dated March 23, 1998. Applicant proposes to relocate the structure to the northeasterly corner of the Lot, which is the farthest point on the Locus away from said eroding bank. One (1) parking space would continue to be provided on site. 4. Therefore, the Board finds that owing to circumstances relating to the soil conditions, with a portion of the Lot having unstable sandy ground, shape, with the Lot now having an irregular triangular shape as opposed to its previous rectangular shape, or topography, with the Lot having a severely eroding coastal bank directly affecting the structure, of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this By-Law would involve substantial hardship, financial or otherwise, with the potential loss of the structure, to the Applicant, and the desirable relief by Variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such By-Law. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested relief by VARIANCE under Nantucket Zoning By-Law §139-16A to allow relocation of the structure to a site ten (10) feet at its closest point from the front yard lot line along Sheep Pond Road and five (5) feet at its closest point from the easterly side yard lot line, as shown on a plan done by John J. Shugrue, dated March 23, 1998 and attached hereto and marked as Exhibit A. Special Permit relief is deemed not necessary. Dated: May (p 1998 f Linda Williams t_ ~-- Timothy Madden Dale Wine. rd Vole D. Neil Parent RECEIi/E® 70WN CLERK'S OFFICE NANTI -r.uE?', MA 02554 MAY 0 6 1998 TIME: CLERK: ~~-~~ ~ 0 Z . ~oP~ P N~ proposed relocated ~~ O 10' --'\ house `, ~ SC ` 32~20'E 't ~- ~ HOUSE ~\\ 5, N66' 2ti5~~' n~ 962 S . ~`\ ~` "'o TEA ~ rr~ O,+` v~ u~ 9q~~ UPLAND ~~ ~ \ 32,509 S.F. 0.7 Ac. LOT 5 52,809 S.F. ~F9,1, L^T 3/22/98 1.2 Ac. y yl 40,445 S.F. `~ p ~ C'~' ~ 0.9 Ac. ~~ plc ~~~ ~~ 215 566 3220 Z^NING+ LUG-2 MINIMUM L^T SIZE+ 80,000 S.F. MINIMUM FR^NTAGE+ 150 FT FRONT YARD SETBACK+ 35 FT REAR & SIDE SETBACK+ 15 FT GROUND COVER RATIO+ 4% PL^T PLAN ^F LAND IN NANTUCKET, MA RES ^ D T ~ ~, SCALE+ 1'= 50' ARE L^CAT SHOWN ED AS ~cy '`'~~R G JOHN o ~ DATES MARCH 23, 1998 ~ J v SHUGFUE ~+ 4 No z35" o J^HN J. SHUGRUE, INC. . ~' f S QO S7 ^LD SOUTH R^AD J HN SHUG UE PLS ro NpSJ NANTUCKET, MA 02554 AT ARCH 23, 1998 F^R~ CATHRYN C^NNDRS PALMIERI ASSESSORS -MAP 63 PARCEL N^. 25 " #5698SP 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 SCHEDULED ON GOOD FRIDAY/PASSOVER, SHOULD YOII HAVE RELIGIOIIS CONSTRAINTS PROHIBITING ATTENDANCE, PLEASE CALL THE OFFICE ASAP AND-EVERY EFFORT WILL 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: CATHRYN CONNORS PALMIERI BOARD•OF APPEALS FILE N0. 034-98 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 and side yard setbacks). Applicant proposes to move an existing single-family dwelling from its present location, proximate an eroding coastal bank on the southwesterly portion of the property, to a point no closer than ten (1) feet from Sheep Pond Road ('front yard lot line) and no closer than five (5) feet from the easterly side yard lot line, in a district that requires a minimum front yard setback of 35 feet and a side yard setback of 15 feet. The coastal bank is said to have eroded to the edge of the existing structure. The Locus is non-conforming as to lot size, having an area of less than 53,250+ square feet (as originally shown on Land Court Plan 35820-B), in a district that requires a minimum lot area of 80,000 square feet. To the extent necessary, Applicant further seeks a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A to relocate said dwelling as the Lot is now said to be .more non-conforming as to minimum lot size due to the coastal erosion. The Premises is located at 3 SHEEP POND ROAD, Assessor's Map 63, Parcel 25, Land Court Plan 35820-B, Lot 5. The property is zoned Limited-use-General-2. W r Dale W. Waine,~Chairman THlS NOTICE IS AVAILABLE IN LARGE PRINT O~R QTHER ALTERNATIVE. FORMATS : FOR _ ASS•ISTANC~~ VALL _ __ _! (608~j~ Z~8=721~~. - - - ~ - BoA Form 1-89 NANTIICRET ZONINC3 BOARD OF APPEALS Mar Date 1998 TOWN AND COIINTY BIIILDINd NANTIICRET, MA 02554 CASE No.~- 98 APPLICATION FOR RELIEF Owner' s name (S) Cathryn Connors Palmieri Mailing address: c/o Theodore L Tillotson, P C PO Box 1530 Nantucket. MA 02554-1530 Applicant' s name • Same Mai 1 ing address : Same Location of lot: Assessor's map and parcel number 63 -25 Street address : 3 Sheep Pond Road Registry Land Ct Plan, 35820-B Lot~_ C/T No. Date lot acquired: ~~ 87 Deed Ref ~, 040 Zoning district LUG-2 Uses on lot - commercial: None R or MCD? - number of: dwellings 1 duplex 0 apartments 0 rental rooms0 Building date(s): all pre-8/72? Y or C of O? Building Permit appl'n. Nos. N/A Case Nos. all BoA applications, lawsuits: None 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 ff if a Special Permit (and 139-33A11 &XBif to attachodecision ornorderloappealede)OKltoaaptachpaddendumzA Addendum Annexed RECElVE® TOWN CLERK'S OFFICE NANT~ Ir'1~T nn a !'2554 MAR ~ 4 1998 TIME: ~:_.~~~~~~ . ~~s ~~ CLERK Items enclosed as part of this Application: orderl addendum2 Locus map x Site plan x showing present x +planned~ structures Floor plans present proposed elevations (HDC approved?_) Listings lot area frontage setbacks GCR parking data Assessor-certifier addressee ist 4 sets ~ma~l ni g labels 2 sets X 200 fee payable to Town of Nantucket X proof 'cap' covenant (If an appeal, ask Town rk to senrBldg Comr s record to BoA.) I certify t at t re este information submitted is substantially complete an tru o th b t f my knowledge, under the pains and penalties of pe ury. SIGNATURE: Applicant Attorney/agent X Th dore L. Til otson 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE ~'~ ~~"`-C.J Application copies recd: 4 t/ or for BoA on(~ ~L'~f0 by ~ One copy filed with Town Clerk on~~G° by complette? V One copy each to Planning Bd and Building Deptr:~~l,~~ by ~r~ $200 fee check given Town Treasurer on~~~G ~bYG""~' waived? Hearing notice posted~/~~/[ ~mailed~ Z~"TT7-0 I & M~ ~~~ ~~~ Hearing(s) on~~_ cont'd to_/~_, ,~~_ withdrawn?~~_ Decision due by~~,_ made~_/_ filed TC~~_ mailed~~_ See related cases lawsuits other 0 Z N~ 32.20 S ~ ~~ proposed relocated house ZONING: MINIMUM L^T SIZE: MINIMUM FR^NTAGE: FR^NT YARD SETBACK: REAR & SIDE SETBACK: GROUND COVER RATI^: THE PR^P^SED STRUCTURES ARE L^CATED AS SH^WN l ,~ .~ ,,... J HN SHUG UE PLS AT ARCH 23, 1998 ASSESS^RS 63 LUG-2 80,000 S.F. 150 FT 35 FT 15 FT 4% PL^T PLAN ^F LAND IN NANTUCKET, MA SCALE: 1'= 50' DATE: MARCH 23, 1998 J^HN J. SHUGRUE, INC. 57 OLD S^UTH ROAD NANTUCKET, MA 02554 F^R: CATHRYN C^NNDRS PALMIERI PARCEL N^, 2S #5698SP ar~r~~*mrn~rt TO APPLICATION FOR RELIEF Applicant seeks variance to move the existing dwelling house from it's present location to the northeasterly corner of applicant's lot and site the dwelling house ten (10') feet from Sheep Pond Road and five (5') feet from the easterly boundary of applicant's lot. The reason for the requested relief is that the coastal bank has eroded to the edge of the existing house. See sketch plan annexed. ( ~q-lam Applicant further seeks Special Permit in accordance with Section 139-33A to relocate said dwelling as aforesaid as remaining lot has become non-conforming due to coastal erosion. District: LUG-2 Minimum Lot Size Frontage Setbacks: Front Side & Rear 80,000 sq. ft. 150 feet 35' 15' G.C.R. 4~ 03/04/98 WED 12:40 FA% 212 986.,_ 5.684 KORN/FERRY INT' L f~002 v• a...Fd•' _ 6~ r't:,:r. ,A• :., r~ _+.. =ti:V.{'d'-JC'•;R i~;;:, ~ c,_ yt ~ ~ ~ ice. : ~ 'h a' ~.' - i :.y: •}:.• .: ~i~ i :-a •. :: .'r~J,y. ,'~~t~1~'yi ~t-Uy _: ~.:~ ~~l-r .r ~~~•~J~ ~6Y~.~. •, ,t• 4••. ..:< * C~,,' - 5 ~-_ ~' .J. .. _ '1 . '.~ ar. ~ . 1^ ~~~l.y.'f`.~•T .^",'_t `'t. .-~~. _ - ~ . ~• ` r •. - it T~- 1, •,.•~. - ~ ..i• ''t5+1;. L ~', ~ i ;~3 :>^ ~.r~'.?Y-r^ '•:- ''' - .~~~r'ti'-' ~w_~:: ;i. - .. _s~ - :1. r. i . ;a,.~_ ••~ , . a. a (;'ik: '~'y' : R1 ~r 3r} .. .r : - -, ~ - a . ~. .. ~ --- .,.-. L I. STiBDIVISInN PLAN (1F LAND IN NANTTTCKET Schofield Brothers Inc., Surveyors December 29, 1972 E~e~e tt C' I1 36b~ Hgn/p Nn. 3093 d•~GB• ~. ~• N0• ~ ~- ~ 215. v" 0 32 9 p; F ;o ~ r~ ~ 56Go32.20 ~.: r N. 215 p0.-. "UnE. ~~ _ N U ~ , " ~ ~, p N n ~ Z W ~ N ~ ,,, w o~ ~~ ~ ~ ~ - ,.~ ~ ~: o •.~ ~ ~ 215~~ ~ 2 9.01 \ 5 660 32 PO dh "~ 'J 3 G-B. ~ ~~ ~ w f ~ 4 s c.6° \~v \ ~7 ~~ y \ ~~~ Y Ii ~ i ~~ 358208 ~sli7i, 3 \ \~~ r \~e~ \ ~Rz p \\ ~C ~ ce. ~r~ p' 1N. ~ _ _ S/o.3/N ~. ~~f ~ ~/A~ a ~/~ ~ ?i71~~~ C ~f ~ ~ (~" ~ ~ \~ ~~. \ _ J ~u Subdivision o: Land Shown on Plan 35g?DA Filed with Cert, of Title No. 5934 Registry District ~f vantucket County Separale cerlificates of tit/e mayy be issued for /and shown hereon as ~Qtr_/__[acv_ T_________-- _____ By the Court. f_~~ /3~ / 973 '_ _'_ ICI._ _ c~n.l.t_ ~ : L7'~ ~,~e /~ Reco e~ Copy of park of plan /i m - LAND REG/STRAY/ON Off/CE ~ fEB. /2 /973 Scale of tors p/an /~0 fert to an inch j R. L. Woodbury, Engineer for Court .~ 1\ E cY ~~- J/ BoA Form NANTUCKET ZONING BOARD OF APPEALS TOWN.AND COUNTY BUILDING NANTUCKET, MA 02554 2-89 ASSESSORS LIST OF P_A.~tTIES IN INTEREST G PROPERTY OWNER: APPLICANT FOR RELIEF (SAME? ) ~IL ADDRESS OF PROPERTY : `~/~C,o ~(`~h ~ ^~ ASSESSORS 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 cn 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, Section 11 Zoning Code Chapter 139, Section 139-29D (2) } 3l ~~ag 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 might beco:~e involved in the zoninc, matter. List r.:ap and parcels for each: abutter. A~ RtQ1 ~'M° N '- PF_tP TB ST SOUr-.ET" D-5 gox F~ °~o a... ~~ ~i ~.O/ "1 -d ,v }. O !~ ~, LOT AREA = y'2~ SOJ : S,F, \~ bm`K~+ -'~`k'K ~~ .~~ (~v^ - /~ - j 1V ~ ~q~N V i TOWN OF NANTUCKET PAGE 1 03/05/98 MUAS750 8.5 OWNER'S MAILING ADDRESS LIST 10:57:54 k Bl Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location oc Map 0062 0005 NANTUCKET CONSERVATION FOUND I PO BOX 13 0002 SHEEP POND RD NANTUCKET MA 02554 0062 0006 NANTUCKET CONSERVATION FOUND I PO BOX 13 0001 SHEEP POND RD NANTUCKET MA 02554 0063 0001 RASMUSSEN RICHARD H & SUSAN 2300 SE OCEAN BLVD A-4-128 0004 SHEEP POND RD STUART FL 34996 0063 0002 HEALY STANTON T & SARAH M PO BOX 7428 0006 SHEEP POND RD C/0 CITIZENS MORT CORP COLUMBUS GA 31908-7428 0063 0003 HEALY JAMES J & SARAH A 0074 RUDDOCK RD 0008 SHEEP POND RD SUDBURY MA 01776 0063 0027 *MARTIN ALBERT J JR 664 WARWICK NECK AVE 0010 SHEEP POND RD WARWICK RI 02889 1901 S ROOSEVELT BLVD APT 106E 0005 SHEEP POND RD 0063 0026 GUNDY JOAN B KEY WEST FL 33040-5251 0063 0025 CONNORS CATHRYN L 140 THOMPSON ST ~ 6A 0003 SHEEP POND RD NEW YORK NY 10012 0063 0024 LEHRMAN FREDRICA L 1445 NEW YORK AVE NW 0009 SHEEP POND RD C/0 CRESTAR BANK/TIM NOLTE WASHINGTON DC 20005 0003 0023 CHESWICK ALFRED J & IRENE 0003 PINE TERR 0013 SHEEP POND RD WAYNE NJ 07470 NUMBER OF RECORDS = 10