HomeMy WebLinkAbout010-14 26 Wigwam RoadTOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
Print Form
PAI D
A JAN 13 2011, A
✓/uwfi�
Z _N
APPLICATION = r
Fee: $300.00 File No. zot*
Ctwnefsname(s):Scffen Family Limited Partnership m
7
Mailingaddtess:26 Wigwam Road, Nantucket, P 02554
Phone Numben(609) 252 -0355
Applicant's namc(o Edward & Deborah
F.\Saih debbiesoffenWgmail.com
Soften
Mailing Address: 631 Lake Drive, Princeton, NJ 08540
Phone Nutnber:(609) 252 -0355
F, Mail: debbiesof feamgmai l . com
Locus Address: 26 Wigwam goad -. Assessor's Map /1 .arcel ?7 / 8.9
Land Court Plan/Plan Book & Page /Plan File No.:i. C. 5004 -50, Lot 804
Deed Reference /Certificate ofTitle:tERT 24548 Zoning DistrictL.o.G. - 3
Uses on Lot- Commercial: Nonck Yes (describe)
Residential: Number of dwellinge? Duplex Aparnnents
Date of Structure(s): all pre -date 7/72
Building Permit Numbcrs: 1080 -10
Previous Zoning Board Application
,approximately 1983
2 Fairgrounds Road Nantucket Massachusetts 02554
508- 228 -7215 telephone 508-228 -7298 facsimile
ADDENDUM TO APPLICATION OF EDWARD AND DEBORAH SOFFEN
Applicants Edward and Deborah Soffen request special permit relief pursuant to
Nantucket Zoning By -law §139- 16(C)(2), or in the alternative, variance relief pursuant to
Nantucket Zoning By -law § 139- 32(A), from the rear yard setback provisions of Zoning
By -Law § 139 -16 due to an unintentional setback intrusion of an in- ground swimming
pool caused by their former contractor Kim Glowacki D /B /A Glowacki Construction
and Nantucket Structures Unlimited. The southernmost comer of the pool located at
the Soffen s property at 26 Wigwam Road is 17 feet away from the rear property line.
This places the southernmost comer of the in- ground swimming pool three (3) feet
within the 20 foot setback. The Soffens were completely unaware of this violation of
Nantucket Zoning By -law §139 -16(A) (LUG -3 side /rear setback is 20 feet) until the pool
was substantially installed. While the pool was under construction, the Soffens
reasonably relied, to their detriment, on Kim Glowacki to site, excavate, and construct
the pool to code. After the pool was substantially installed, the Soffens discovered that
Glowacki had never done a survey of the property prior to siting and excavating the
pool.
The Soffens request special permit relief or variance relief to reduce the rear yard
setback requirement from 20 feet to 17 feet to validate the siting of the existing in-
ground pool. Moving the pool would require a complete reconstruction of the pool and
would cost in excess of $100,000.00. The burden of correcting the intrusion substantially
outweighs any benefit to an abutter of eliminating the intrusion. Also, because of the
circumstances relating to the shape and topography of the land and the in- ground
CURRENT ZONING CLASSIFICATION:
Limited Use General 3 (L.U.G. -3)
MINIMUM LOT SIZE: 120,000 S.F.
MINIMUM FRONTAGE: 200 FT.
FRONT YARD SETBACK: 35 FT.
REAR /SIDE SETBACK: 20. FT.*
GROUND COVER % : 3%
EXISTING
2 STY W/F
BUILDING —
952± S.F.
(FOUNDATION)
2 �
cp
EXISTING:
t30,052± S; F.
SEE. PLAN. .
SEE. PLAN..
LOT OF RECORD 15 FT. .SEE, PVN,
. SEE, PVN.
77 -8.8
EXISTING N/F
I STY W/F WINTERS DONALD P & MARGARET VAIL
SHED
86± S.F. /
I (FOUNDATION) I
EXISTING
cry ui /c FF -
I'lA'
EXISTING
TENNIS
0
EXISTING
COURT
/
SHELL\
GAZEBO
\DRIVE
SHELL
DRIVE
`c°nN
SHELL
DRIVE
/
EXISTING
POOL
EXISTING
cry ui /c FF -
Exhibit 2
Photo of Pool
dl
I
J .
I
i
I
A
I �
a k" Ilk;
Exhibit 3
Printout of Map from Tax
Assessor's Website showing
locus.
f
d
C)
3
`
<
N
.
p
s
�
w � ,
T
p�33
C
It
oa= OZ
a
D 0 p 3 a O
�
mom=
mp
rfo,
a
vSv Om
�'O o
z
n" rm
d
a. O A
of
N
00z
gm£
m
2
3 ZZ
A
Exhibit 4
Abutters List
(() | | | | |]
0,1..,23,
..,.,.r,
§§
)\
■§
Exhibit 5
Letters and Emails of
Abutters in Support of
Special Permit.
January 5, 2014
Dan and Suzanne Saevitz,
Trustees, Rylex Realty Trust
21 Wigwam Road
Nantucket, MA 02554
Robert D. Moriarty, Esq.
McCarron, Murphy & Vukota, LP
282 Upper Main Street
P.O. Sox 1270
Edgartown, MA 02539
Re: 26 Wigwam Road
Dear Mr. Moriarty,
As abutting property owners of Edward and Deborah Soffen, we are writing to indicate our support for
the Soffen's application for a special permit, which they are seeking due to the siting of their swimming
pool, that has been found by them to be an unintentional three foot setback intrusion. Our support is
based on three facts: 1) there is no question in our minds that the Soffens were relying on their former
contractor to situate their pool in compliance with all laws and regulations and assumed the contractor
had taken such laws and regulations into consideration when laying out and constructing the pool, 2)
the current siting of the pool has absolutely no negative impact on our property, and 3) the cost of
correcting the three foot intrusion would substantially outweigh any potential benefit to us, as owners
of abutting property, that would come from eliminating the intrusion.
Respectfully,
Dan and Suzanne Saevilz
From:
Margaret Vail Winters PVW140optonline.net
Subject:
Variance Relief
Date:
January 6, 2014 at 4:56 PM
To:
Robert Moriarty robbmon"(PgmaiLOOm
Dear Mr. Mcmarty,
This letter is in behalf from Mr. and Mrs. Soffen located at 26 Wigwam Road, Nantucket, MA. They are requesting a vaoadca for thetr Pod
location. As their next door ndghborI am N agreement with then request and would like to petition the Z gBoard of Appeal -fora
positive outcome m the Soffen's favor.
Tbar& you,
Peggy Vail
Exhibit 6
Letter from Marcus
Silverstein, ZEO
Planning and Land Use Services
y�O9pQ I Building . Health . Manic District Commission . Planning Board . Zoning Board of Appeals
December 11, 2013
Edward and Deborah Soffen
631 Lake Dr.
Princeton, NJ 08540
Dear Mr. and Mrs. Soffen,
This letter concerns zoning approval of work performed (swimming pool) under Building
Permit #1080 -10, and the Certificate of Occupancy issued for said structure.
Building Commissioner Steve Butler called to my attention that the pool is located as close
as 17 -feet from the rear yard property line, within the required 20 -foot rear yard setback
area and in violation of §139 -16 of the Nantucket Zoning Code. How the violation was not
identified at the time of zoning review for the project is uncertain Nevertheless, in its
current location, as shown on "Building Location Plan of Land in Nantucket, Mass." dated
July 13, 2011, please be aware that the aforementioned swimming pool is in violation of
§139 -16 of the zoning bylaw.
As such, the pool must either be relocated so as to comply with the setback requirements of
§139 -16, or relief as issued by the Zoning Board of Appeals, allowing the structure to
remain in its current location, must be received. In that regard, please contact Eleanor
Antonietti, ZBA Administrator, at 508- 325 -7587, exL 7010, or at eantoniettiOnanmcket-
ma,gov for information on how to proceed. Please be aware that failure to address the
violation may result in the issuance of fines totaling no more than three hundred dollars
($300) per day, in accordance with §139 -25 of the Nantucket Zoning Code.
If any person is aggrieved by the denial, an appeal may be filed with the Zoning Board of
Appeals within thirty (30) days of the date of this notice.
Res et: 1 I
Ma cus Silve em
Zoning Enforcement Officer
Town of Nantucket
2 Fairgrounds Road . Nantucket, MA 02554 . 508- 325 -PLUS (7587) Telephone . 508- 228 -7298 Facsimile
1.0
Qi,„,\
1 9p°AAift TOWN OF NANTUCKET
Z
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 05S rn
�,
rn
Date: April 8 , 2014 r,
c-
m c__`.7
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 010-14
Owner/Applicant: SOFFEN FAMILY LIMITED PARTNERSHIP
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 a
complaint in Land 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 .
Eleanor W. Antonietti,
Zoning Administrator
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE : MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LAW SECTION 139-30 (SPECIAL PERMITS) ; SECTION 139-32
(VARIANCES) . ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-325-7587 .
NANTUCKET ZONING BOARD OF APPEALS
Two Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 77, Parcel 8.9 Certificate of Title 24548
26 Wigwam Road Lot 804
Limited Use General 3 (LUG—3) Land Court Plan 5004-50
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, March 13,
2014, at Noon, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following Decision on the Application of SOFFEN FAMILY LIMITED
PARTNERSHIP, 631 Lake Drive, Princeton, New Jersey, 08540, File No. 010-14:
2. The Applicant is seeking relief by SPECIAL PERMIT under Zoning By-Law § 139-
16.C(2) (unintentional setback intrusion) or, in the alternative, by VARIANCE pursuant
to Zoning By-Law § 139-32.A and G.L. c. 40A, § 10, from the rear yard setback
provisions of Zoning By-Law § 139-16 due to an unintentional setback intrusion of an in-
ground swimming pool caused by their former contractor. The Locus is situated at 26
Wigwam Road, being the land registered in Land Court Case No. 5004-50 and shown as
Lot 804 upon Land Court Plan 5004-50, is shown on Nantucket Assessor's Map 77 as
Parcel 8.9, and evidence of owner's title is recorded at Certificate of Title 24548 on file at
the Nantucket County Registry District of the Land Court. The site is zoned Limited Use
General 3 (LUG-3).
3. Our decision is based upon the application and accompanying materials, and
representations and testimony received at our public hearing. There was no Planning
Board recommendation, on the basis that no matters of planning concern were presented.
Numerous abutters wrote letters in support of the Applicant's request. At the public
hearing, a representative of abutter Nantucket Conservation Foundation (Foundation)
explained that the Foundation supports the relief requested, and stated that the
Foundation's intended use of their abutting parcel will be limited in the future solely to
mowing the parcel for fire prevention purposes.
4. As presented by the Applicant, through their attorney, the southernmost corner of the
pool is sited seventeen (17) feet from the rear property line, thus causing a three (3) foot
intrusion into the twenty (20) foot rear yard setback. The Applicant requests relief to
reduce the rear yard setback requirement from 20 feet to 17 feet to validate the siting of
the existing in-ground pool, in view of the fact that moving the pool would require a
complete reconstruction of the pool and would cause a substantial financial hardship to
the Applicant. The Applicant further stated that the Applicant's former contractor sited
and dug the pool without a survey being done, and without the knowledge of the
Applicant.
Locus is shown on the plan entitled, "Building Location Plan of Land in Nantucket,
Mass."prepared by Island Surveyors, LLC, dated July 13, 2011, a reduced copy of which
is attached hereto as"Exhibit A."
5. At the outset of the public hearing, the Applicant's attorney conceded that relief by
SPECIAL PERMIT under Zoning By-Law § 139-16.C(2) would be inappropriate due to
the fact that the siting of the in-ground pool was not based on a licensed survey. The
Applicant, through their attorney, requested relief by VARIANCE pursuant to Zoning
By-Law§ 139-32.A and G.L. c. 40A, § 10 as stated in the Application.
6. Therefore, after a discussion with the Applicant's attorney, the Board makes the specific
finding that owing to circumstances relating to the unique juxtaposition of the pool to the
lot line and especially affecting such land and in-ground swimming pool but not affecting
generally the zoning district in which it is located, a literal enforcement of the provisions
of Zoning By-Law § 139-16 would involve substantial financial hardship to the petitioner
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 bylaw.
7. Accordingly,by a MAJORITY 4-1 vote of the sitting Board(Lisa Botticelli opposed),the
Zoning Board of Appeals GRANTS the requested relief by VARIANCE pursuant to
Zoning By-Law § 139-32.A and G.L. c. 40A, § 10, to reduce the rear yard setback
requirement from 20 feet to 17 feet to validate the siting of the existing in-ground
swimming pool.
SIGNATURE PAGE TO FOLLOW
Assessor's Map 77, Parcel 8.9 Certificate of Title 24548
26 Wigwam Road Lot 804
Limited Use General 3 (LUG—3) Land Court Plan 5004-50
Dated: ATI`� �' , 2014
•ward •ole
•
Ile �►
! l
sa B6.
.,„
eoffrey Thayer
mac- Gc —
Poor
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On the R" day of cf v t , 2014, before me, the undersigned notary public,
personally appeared [111,i 0A Pal J . 1.4 Q0-- , one of the above-named
members of the Zoning Board of Nantucket, Massachusetts, personally known to me to be the
person whose name is signed on the preceding document, and acknowledged that he signed the
foregoing instrument voluntarily for the purposes therein expressed.
y ,C D v
Notary Public: LYNELL D. VOLLANS
Notary Public
My Commission • mss:•. ,wealth'of Massachusetts
W. My Commission Expires
December 28, 2018
Elkilarr A.,
CURRENT ZONING CLASSIFICATION:
Limited Use General 3 (L.U.G.-3) EXISTING:
MINIMUM LOT SIZE: 120,000 S.F. ,130,0524 S,F.
MINIMUM FRONTAGE: 200 FT. . SEE. PLAN. .
FRONT YARD SETBACK: 35 FT. . SEE. FLAN. .
REAR/SIDE SETBACK: 20 FT.* LOT OF RECORD 15 FT. .SEE, PLAN. ,;,
GROUND COVER % : 3% .SEE PL�4N, ,
77-8.8
EXISTING N/F
1 STY W/F
SHED WINTERS DONALD P & MARGARET VAIL
86± S.F. /
(FOUNDATION) ! I
I\ 11
O `24B 49
I 4 1 /
• 41 . / --. cti ---- ,
4 1 / /// 8� o EXISTING
COURT /
L'���0/ EXISTING
AZEBO / /
4 - ' SHELL\ / /
\DRIVE \ / / // (''
N
N N O,
\� \�� DRIVE
EXISTING \ \\ / /
2 STY W/F 3 9'�
BUILDING 2:59'' / / /
9521 S.F. ( / /
�� (FOUNDATION) N� ( DRIVE \ —
a _
�� o LA
— _ EXISTING
-s-,z. POOL
T EXISTING o
\
1 STY W/F 311.66
u, BUILDING
144± S.F.
(FOUNDATION)
-7
-2- N/F
T NANTUCKET CONSERVATION FOUNDATION
BUILDING LOCATION PLAN
I CERTIFY, AS OF : ;N THE
—�- . . , THAT OF LAND IN
NE BUILDING(S)S H IS/ �
` , NANTUCKET, MASS.
� F
. �, r ! A l SCALE: 1"= 80' DATE: JULY 13, 2011
PROFESSION L QD S EY/
SS'°�':. EDWARD M. & DEBORAH SINGER SOFTEN
Owner:
THIS PLOT PLAN WAS PR :-�:-.0 .•" THE TOWN
OF NANTUCKET BUILDING DEP' 1ENT ONLY AND Deed CERT. 22522 Plan: L.C. .5004,-50;.LOT SO4
SHOULD NOT BE CONSIDERED A PROPERTY LINE
SURVEY. THIS PLAN SHOULD NOT BE USED TO
ESTABLISH PROPERTY LINES, FENCES, HEDGES OR Locus. # 26 WIGWAM ROAD
ANY ANCILLARY STRUCTURES ON THE PREMISES.
THE PROPERTY LINES SHOWN RELY ON CURRENT
DEEDS AND PLANS OF RECORD. ISLAND SLAND SURVEYORS, LLC
THIS PLOT PLAN IS NOT A CERTIFICATION AS TO
TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. Professional Land Surveyors
OWNERS OF ADJOINING PROPERTIES ARE SHOWN 90 OLD SOUTH ROAD
ACCORDING TO CURRENT ASSESOR RECORDS.
NANTUCKET, MASS. 02554
ASSESSOR MAP' 77 PARCEL. 8.9 (508) 228-2720
K-251