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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