The URL can be used to link to this page

Home My WebLink About019-85C2 'gNTUCkf "DOWN OF NANTUCKET O��' r BOARD OF APPEALS �gPORA ?E NANTUCKET, MASSACHUSETTS 02554 May 16, 1985 Re: EFREM A. AND GENEVIEVE W. GORDON (019 -85) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. lo: ASff•M, I�.GDy.�. df• F r G'h'r'''''�r %� � 0•l� -rte ��`'`...' William R. Sherman, Chairman BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MAY 3, 1985 at 1:30 p.m., in the Town and County Building, Nantucket, rendered the following decision in the Application of EFREM A. GORDON AND GENEVIEVE W. GORDON (019 -85). 1. This is an Application for a VARIANCE affording relief from SECTION 5 (setback- codified as Section 139 -16) of the Zoning By -Law. Appli- cants seek to cure a defect which arose with mistaken construction within the setback required in the zoning district LUG III. 2. The Application was noticed for hearing on March 13, 1985 and continued to the hearing of March 29, 1985. There it appeared that error in siting the house had placed it within 24.9 feet of the front lot line, the required front yard setback being 35 feet in LUG III. The house is 8.9 feet from the southwest lot line, with added exterior stairs 2.8 feet from the line and deck 4.3 feet, required setback being 10 feet. Because the house is turned about 45 degrees relative to the -lot bounds, only the cor- ners extend into the respective setbacks. The property is located OFF TOM NEVERS ROAD, Lot 21 -24, Plan 5004 -6, Sheet 5. 3. Applicants' first awareness of such improper siting arose, we are told, in undertaking to sell the house after a divorce. Testimony was offered that the house was the first built in its Tom Nevers subdivision. 4. The only abuttor having a significant proximity urged that we condition relief on Applicants' removing the exterior steps and deck to the extent they were within the 10 -foot side yard lot line setback, also to remove a fence proximate that lot line. 5. the Planning Board recommended unfavorable action as this Board should not grant relief to correct a contractor's error. We agree but understand the Planning Board was not referring to improper siting of the house itself, a condition not spelled out in the Application. 6. Being reluctant to set any precedent with respect to house- siting relief, we continued to May 3, 1985, with Applicants' acquiescense to hear what occassioned the siting error. 7. We were told by the contractor Paul Buckley that he and his brother worked from a proper site plan but relied on a single marker found on the brush -cut site to set batter - boards. No surveyor was called to confirm the siting, an admitted error in judgement. Applicant stated that he had not urged the particular siting and orientation and, apart from very onerous costs of reorienting a house with two fireplace chimneys, had no misgivings about any proper siting on the lot. He has already con- tracted for conforming removal of the stairs and deck, and the fence. 8. The aforementioned abuttor offered a letter of May 3, 1985, into our record but, on questioning, confirmed that he did not ask re- siting of the house, understanding that we would rely heavily on lack of abuttor objections if we gave relief with respect to house siting. 9. Accordingly, this Board finds that, owing to the shape of the lot relative to the erroneous placement and orientation of the house, a literal enforcemant of the setback provisions of the By -Law would involve substan- tial hardship. The circumstances of the siting do not affect generally the zoning district, provided favorable action not be taken as a precedent giving any comfort to a careless siting without full determination of bounds or surveyor's confirmation. So qualified, and conditioned on removal of the stairs and deck to the extent within the setback, and removal of the fence, we further find that the sought relief may be granted without sub- stantial detriment to the public good and without nullifying or substantial- ly derogating from the intent or purpose of the By -Law. 10. The Board, by UNANIMOUS vote, GRANTS to Applicants a VARIANCE with respect to siting of the house but not with respect to exterior stair and deck, which Applicants have undertaken to remove, or relocate, along with the offending fence. Dated: May 16, 1985 Nantucket, MA 02554 10 : 0 5 9,�. William R. Sherman k4��tp--, Andrew J. Leddy Dorothy D. ollans C�3 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on WeOrw-sC61MARCH 0 ,1985 at 1 :30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of EFREM A. AND GENEVIEVE W. GORDON (019 -85) seeking a VARIANCE under SECTION 5 (sideline setback) of the Zoning By -Law. If granted, the Applicants would be able to cure a defect that was created when stairs and a deck were mistakenly constructed thus not conforming to the sideline setback area requirements. The property is located at OFF TOM NEVERS ROAD, LOT NO. 21 THROUGH 24, PLAN NO. 5004 -6, SHEET 5, and is zoned LUG III. William R. Sherman, Acting Chairman BOARD OF APPEALS 0 Z W n- 0 0- C 7 3 a -n a= a oW� � c to II//11 i a �p(�y/, � `/ V 2 H H O O °p 0 C7 O x rh m n x � G x C N Lri _ Ul tr A A Rf i J NOTICE ai A Public Hearing of the BOARD OF APPEALS will be held on WJftdresCLIMARCH. 0 ,1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of EFREM A. AND GENEVIEVE W. GORDON (019 -85) seeking a VARIANCE under SECTION 5 (sideline setback) of the Zoning By -Law. If granted, the Applicants would be able to cure a defect that was created when stairs and a deck were mistakenly constructed thus not conforming to the sideline setback area requirements. The property is located at OFF TOM NEVERS ROAD, LOT NO. 21 THROUGH 24, PLAN NO. 5004 -69 SHEET 51 and is zoned LUG III. William R. Sherman, Acting Chairman BOARD OF APPEALS AB -1 PEE $100.00 Case No. — APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusetts To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the " (ZONING BY -LAW) (BUILDING CODE) on property described below: Location of Property Off Tom Nevers Road Lot No. 21 through 24 Plan No. 5004 -6 Sheet -5 District is Zoned for LUG III Type of structure (Existing or PropobeJ) or proposed use: Residential Owner's Name Efrem A. ;P, Genevieve W. Gordon Owner's Address 83 State Street, Springfield, Massachusetts When did you acquire this property? September 10, 1981 Has application been filed at Bgilding Department? Yes Has any previous appeal been made•? No Section of By -law or Code from which relief is requested: y - Sideline Setback Reason for asking relief: Stairs and deck were mistakenly constructed thus 1= conforming to the sideline setback area requirements By Their Attorney, Signature of applicant Richard J. Glidden ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. 91C)0-00 (2) Check in the amount of $59.00 made payable to the Town of Nantucket. (3) Map or plan show" the location of the property to be considered. I (4) If the applicant is other than the owner, please indicate your authority to make this application. r BOARD' S DECISION Application submitted to Board I �� Advertising dates Hearing date _ Decision of Board Decision filed with the Town Clerk TC;TV OF NANTUCKET 'coard of Appeals List of parties in interest in the matter of the petition of: a ame: Efrem A. $ Genevieve W. Gordon _ .. �.ddress:. 83 State Street, Springfield, Massachusetts i rnpc'rty a;ldress: Lots 21 through 24, Off Tom Nevers Road, Nantucket 71.3.2 -318 -296 -300 -304 -435 -326 -341 -349 -34S -271 G -275 i -279 -358 -351 B $ G Properties - 71.3.2 -306 35 Centre Street Nantucket, MA 02554 Adragna, Vito T. $ Antoinette Baxter Road Siasconset, MA 02564 Browne, Lillian E. 49 Pecker Street Haverhill, MA 01830 Nantucket Beach Properties, Inc. c/o Mrs. L. Maher 4 Valley Road Bronxville, NY 10708 Driscoll, Nancy 30 Stover Lane Haverhill, MA 01830 Julius Jensen III 21 Dexter Street Dedham, MA 02026 Fitzpatrick, Catherine D_ Est. of M. Fitzpatrick, Executor Box 30134 Term Ann Los Angeles, CA 90030 Fitzgerald, Julie A. 35 Centre Street Nantucket, MA 02554 Carter, Mary E. 128 Fountain Street Haverhill, MA 01830 Town of Nantucket Broad Street Nantucket, MA 02554 -331 -337 76.4.1 -360 -278 -238 -162 Pease, James C, c/o McInnis, James J. 807 Turnpike Street N. Andover, MA 01845 Walker, Holly 11 Newtown Road Nantucket, .MA 02554 MacDougall, Hattie 255 Kanna Street Haverhill, MA 01830 Town of Nantucket Broad Street Nantucket, MA 02554 Jensen, Julius, III 21 Dexter Street Dedham, MA 02026 Nantucket Beach Properties c/o Mrs. L. Maher 4 Valley Road Bronxville, NY 10708 I ceriify the foregoing is a list of persons who are owners of land abuttin:• t`ie roYC t an ow rs of land directly opposite the property on any street or way, :ad r within 300 feet of the property, all as they appear on the most recent applicable TAX list. i 1 ate Assessor Town of 'Nantucket 17 LF LF T.O.N. 295 2 293 3 292 ti fy/ T.O.N. - 4/ 291 317 co 290 318 269 317 266 T.O.N. 314 267 313 286 TON. T.O.N. 312 338 286 264 311 335 9O 310 {� 334 '4O 263 4! T.O.N. 309 W 333 282 T.O.N. k T.O. N. 308 co 332 261 337 307 331 280 336 306 330 279 TO.N. 339 305 329 T.O.N. 276 _ 340 304 U 328 2T7 ` 341 303 327 T.O.N. 216 T.O.N. T.O.N. fV 342 �. 359 ,102 326 ~ 175 343 co 366 -- 301 326 4 344 357 300 324 345 366 \ 299 OZ 323 346 355 312 TO.N• 347 354 29T j ..321 296 120 sae 353 U T.O. N. 349 OJ 372 "9 J T.O.N. T.O.N. 350 V' 351 318 76.4.1 -Y7 76.4,1- \ a 1 -2Tv 438 78A.N352 78 A.I- 6 9` 76.4J-19 OA• < SCHOFIELD BROTHERS, INC. =L:> o CE1 °Z PROFESSIONAL ENGINEERS - REGISTERED LAND SURVEYORS O O 98 146 FEDERAL ST., NANTUCKET, MASS. Z® U W 2 7 4~' I- in Z 6 'A Of LL[M'ELLYt! p •LEw CLLYN T. (' U 01 j T.M 205 6CNOFILlD N N s SCHOFICLO Nw S77 `O 4 H IN 574 p�r6T7<1'�A,' <. e0 'OIBTI�`p� / 2'J.9TC iC. -44 71.4 T.O.N.\ 360 361 361 363 T.O.N. 364 76.4.1.364 N SHEET INDEX 71.3.2 giEE NC 22 J d M w ID 0 rn m 7 w