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HomeMy WebLinkAbout046-85_ y o. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June//, 1985 Re: MICHAEL BRALOWER AND MERYL L. BRALOWER (046 -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. William R. Sherman, Chairman BOARD OF APPEALS 551 � - -- - - BOARD-OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MAY 24, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, rendered the following decision in the Application of MICHAEL BRALOWER AND MERYL L. BRALOWER (046 -85). 1. Applicants seek relief allowing use of an existing building on their property as a secondary dwelling. A VARIANCE is asked with respect to side line setback requirements of the intensity regulations, Zoning By -Law SECTION 5.3 (codified as Section 139 -16C) and to allow less than 12' spacing between respective front and rear "building lines" of the dwellings., Sec- tion 4A1.6 (2) (codified as Section 139 -7A 2.b). Relief in the alternative is asked by SPECIAL PERMIT under SECTION 7I.1 (codified as Section 139 -33A) for expansion of a pre- existing non - conforming use. The Property is located at 6 KING STREET, SIASCONSET, Map 73.1.3, Parcel 86, Plan Book 23, Page 3. (No relief from parking requirements was asked.) 2. According to representations, testimony and a plan dated December 4, 1984 accompanying the Application form, the principal dwelling is located centrally of the main lot area while the proposed secondary "dwelling" ad- joins the westerly side lot line and runs rearwardly into a narrow south- erly extension of the lot. The dwellings are spaced laterally almost 12 feet but overlap front -to -back in the sense of the By -Law section. A single parking space is sketched on a copy of the plan. 3. Financial hardship is claimed in that the proposed secondary dwelling, at the time of purchase in December 1984, lacked only a kitchen after then - recent renovations to be a comfortably habitable dwelling which the Applicants could use or rent out. No evidence was offered that the pur- chase price accounted for separate use as a secondary dwelling but the add- ed value of that status is not questioned. 4. Prior to acquisition earlier in 1984 by the renovator of the pro- perty, the proposed secondary dwelling was long owned by Mrs. Johnson, widow of one who in prior years had used the structure as a tool shed and - - � Neither-,Mrs.-Johnson nor nor the intervening owner- renovator used _ - -the:- structure as a dwelling. Its use as an accessory building pre- existing - Nantucket's Zoning By -Law is a conforming use albeit non - conforming as to siting in the side line setback. To allow alteration of a conforming use by special permit is not provided for in Section 139 -33 nor could the re- quired findings be made. 5. Our record is not without doubt as to the purpose and intent of the 12 foot front -to -rear spacing of secondary and principal building lines. We were told that a prior Building Inspector required 12 feet without re- gard to orientation. In any event, if faced with siting of a new secondary dwelling, encroachment into the side line setback almost to reach the 12 feet spacing would not have been allowed. The Planning Board gave an un- favorable recommendation, citing safety reasons for requiring setback. Letters of record from abuttors voiced similar concern (as well as with parking and traffic problems with more intense use in the Village). 6. We are mindful that an April 1985 change in the definition of "dwelling unit" may put in question occupancy for living or sleeping absent any provision for cooking or eating, clearly a financial hardship but one we cannot rightfully cure. No evidence of record would support a finding that: "owing to circumstances relating to the... shape... of such land or structures and especially affecting such land or structures but not affecting generally the zoning district..., a literal enforcement... would in- volve substantial hardship..." Nor can we find absense of substantial detriment to the public good nor substantial derogation from the intent or purpose of the By -Law, all pre- requisite to our grant of the requested variance. We could hope that Section 139 -33B will provide Applicants some comfort against further harshness. 7. Upon motion made and seconded to grant Applicants relief, member Leddy voted in favor and members Sherman and Beale opposed. Accordingly, relief is DENIED. =` (046 -$5) -3- Dated: June//, 1985 Nantucket, MA 02554 C' � X64 re � rac., William R. Sherman Andrew J. Leddy CAE X- cc r nW17�1;,9 4 ;&a./')") . C. Marshall Beale TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Dissent from Decision: MICHAEL BRALOWER & MERYL L. BRALOWER (046 -85) I find that .T_ must respectfully dissent from the majority of the BOARD. This is an application for a VARIANCE granting relief from the requirements of SECTION 5.3 (codified as Section 139 -16C) (intensity regulations -side line setback requirements) and SECTION 4A l.b(2) (codified as Section 139 -7A 2.b) (required distance between principal and secondary dwellings) of the Zoning By -Law. In the alternative, the Applicants request a SPECIAL PERMIT under SECTION 7I.i (codified as Section 139 -33A) (expansion of pre- existing non- conforming structures or uses). If granted, the Applicants would have been permitted to secure lawful occupancy of an existing struc- ture as a secondary dwelling, notwithstanding the fact that the structure is not located at least twelve feet behind the rear build- ing line of the principal dwelling and fails to comply with the side line setback requirement of five feet. The subject premises consist of the property approximately shown on Assessor's Map 73.1.3 as Parcel 86, are shown on plan recorded in Plan Book 23, Page 3, are located at 6 KING STREET, SIASCONSET, and are zoned as RESIDENTIAL -1. The subject premises contain about 3,523 square feet, and the buildings thereon (each of which antedates the effective date of the Nantucket zoning by -law in 1972) consist of a wood -frame dwelling located near King Street and another building, also referred to as "wood frame dwelling" on the plan in Plan Book 23, Page 3, on the southwesterly portion of the Applicants' property, which is irregular in shape. (For convenience, the last - mentioned building is referred to as the "Rear Structure ".) The Rear Structure is located about eleven feet from the main dwelling upon the property, with the rear line of the main dwelling and the front line of the Rear Structure being roughly on a line with each other. The Rear Structure is located less than one foot from the westerly property line. It appears that the Rear Structure was used for many years by a prior owner of the property as an electrical shop and, after his death, was used by his widow as seasonal sleeping accomodations. Early in 1984, the property was purchased by another party, who re- habilitated both the main house and the Rear Structure for use as living accomodations. Prior to this rehabilitation, the Rear Struc- ture was in dilapidated condition and was an eyesore. The party who rehabilitated the property placed the Rear Structure in an attractive condition and suitable for occupancy, except that no kitchen facilities were installed pending the issuance of a building permit for the con- version of the Rear Structure for a dwelling. That party applied to the Building Inspector's Office for such a permit, and the application Dissent from Decision: BRALOWER (046 -85) Page Two was pending when the Applicants purchased the property on December 14, 1984. After the vacancy in the office of the Building Inspector, which existed at the time the Applicants purchased the property, was filled, the new Building Inspector rejected the pending application for a building permit: the grounds were that the proposed secondary dwelling was not at least twelve feet behind the rear line of the main dwelling. Accordingly, the Applicants brought this proceeding to seek relief from dimensional requirements of the Zoning By -Law, in order to establish their right to a building permit to permit completion of the Rear Structure as a secondary dwelling. The BOARD could have found, and I do find, that based upon a review of the Application, supporting documents, plans, testimony, correspondence, and a viewing of the subject premises, that, due to circumstances relating to the condition, shape, or topography of the subject premises, and especially affecting the subject premises but not affecting generally the zoning district in which they are located (such circumstances consisting of the boundaries and dimensions of the subject premises, and the existence and location of the Rear Structure thereon), a literal enforcement of the provisions of the Zoning By -Law would involve substantial hardship, financial or other- wise, to the Applicants (such hardship consisting of the fact that there is no lawful use to which the Rear Structure could reasonably be put other than use as a secondary dwelling). Desirable relief could have been granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the by -law (in that the requested relief would have permitted the occupancy of the Rear Structure as a secondary dwelling, and the rehabilitation and conversion of the Rear Structure to use as a secondary dwelling, rather than having remained or hence- forth reverting to its prior condition as a dilapidated structure, is consistent with the overall condition of the neighborhood and, in fact, confers a benefit upon the neighborhood through the aesthetic improvement to the Rear Structure). For those reasons, I believe that the BOARD OF APPEALS should have granted the Applicants relief from Sections 5.3 (codified as 139 -16C) and 4A l.b(2) (codified as 139 -7A 2.b) of the Zoning By- Law by a VARIANCE. An- YeWJ' "-e L Dated: June Il , 1985 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MAY 24, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of MICHAEL BRALOWER AND MERYL L. BRALOWER (046 -85) seeking a VARIANCE underi SECTION 5.3 (codified as Section 139 -16C) (intensity regu- lations -side line setback requirements) and SECTION 4A 1.b(2) (codified as Section 139 -7A 2.b) (required distance between princi- pal and secondary dwelling), in the alternative a SPECIAL PERMIT under SECTION 7I.1 (codified as Section 139 -33A) (expansion of pre- existing non - conforming structures or uses) of the Zoning By -Law. If granted, the Applicants would be permitted to secure lawful occupancy of a structure as a secondary dwelling. The structure is not located at least twelve feet behind the rear building line of the principal dwelling and fails to comply with the side line set- back requirements. The premises are located at 6 KING STREET, SIA- SCONSET, PARCEL 73.1.3 -86, PLAN BOOK 23, PAGE 3, and zoned RESIDENTIAL -1. d William R. Sherman, Chairman BOARD OF APPEALS A P_ -1 FEE $ 100.00 Case No. OL&_ 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 6 King Street, Siasconset (73.1.3 -86) Lot No. - -- Plan No. Plan Book 23, Page 3 District is Zoned for Residential -1 Type of structure (Existing or Proposed) or proposed use: Secondary dwelling - .owner' S -Fame Michael Bralower and Meryl L. Bra lower — Qivner's - Address --- - -- - _ c/o Arthur I. Reade, Jr., 168 Milk.Street, Boston, MA 021( When did you acquire this property? December 14, 1984 Has application been filed at Building Department? Has any previous appeal been made-? No Yes Section of By -law or Code fro which relief is rpuested:. 5.3 (Intensit Regulations - side line setback requiremen 11; 4A 1 equire distance between principal dwelling and secondary c)we ing ; 71.1 Ure- existing non - conforming structures). _ Reason for asking relief: The applicants request a variance from the pro- visions of Section 4A. 1 . or, in t e ` a tenative, a special permit under Section 71:1 to permit them to secure lawful occupancy of a struc- ture pre -exEs ing si- de t'al and commercial purposes,.as a secondary dwelling. The structure Wadi neen rehabilitated by a previous owner prior to the applicants' ac- quisition thereof. The structure is not located at ieast tweive teet be- hind the rear building line of the principal dwelling, as measured from the street Ilne. MICHAEL BRALOWER and ME YL L. BRALOWER by: Signature of applicant Arthur .- -ea e, r. ATTACH: (1) A list of the names and addresses of each abutting owner. and owner abutting the abutters. ;01 pp , vh (2) Check in the amount of made payable to the Town of Nantucket. (3) Map or plan showing.the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION application submitted to Board ��j�j dvertising dates Bearing date _ Decision of Board Decision filed with the Town Clerk ___ ET t t C' f pa r t i e !� I '. I - " , , - , t n Michael Bra'ow(,- and Meryl L. Bralower c/o Arthu, T. ileade, Jr., 168 Milk Street.- Boston, ��A 02109 Street, Siasconset, Nantucket, Mas3achuset-s Property Address — 6 King (SEE ATTACHED LIST) O{ s,-)ns who zi 1 ! te abuttr'rs, 0,': _)f abutting the land directly OPPC)s - Lt- 1r-Pc'-ty L n -tar,'! witl,in 300 fe,,2t of the Property, all as-, - (-cent Lippl ical le TAX list. Assessor IE 1, -ko'- Town of Nantucket Application of Michael Bralower and Meryl L. Bralower Premises at 6 King Street, Siasconset (73.1.3 -86) Suzanne De Heart (73.1.3 -5.3) Box 34 Siasconset, Massachusetts 02564 F. E. Wade Greene (73.1.3 -5.4) 35 Charles Street New York, New York 10014 Wade Cottages Nominee Trust (73.1.3 -5.7) c/o F. E. Wade Greene 35 Charles Street New York, New York 10014 Irene J. Gilbreth (73.1.3 -33) 126 Bellevue Avenue Upper Montclair, New Jersey 07043 William T. and Barbara K. Spencer (73.1.3 -34) Seven Lookout Road Norwalk, Connecticut 06850 John H. Locke, Jr. and Barbara K. Locke (73.1.3 -35) 531 Grove Street Glencoe, Illinois 60022 Norman and Jeffrey Silber (73.1.3 -36) 949 West End Avenue, Apt. 7 -E New York, New York 10025 Betsyann Duval and Robert J. Clawson (73.1.3 -37) 146 Hayward Road Acton, Massachusetts 01720 Siasconset Inn, Inc. (73.1.3 -38, 39; 73.4.2 -13) Chanticleer Restaurant New Street Siasconset, Massachusetts 02564 Bracebridge H. Young (73.1.3 -40) Box 342 Siasconset, Massachusetts 02564 James D. Giffen, Jr. and Roberta Giffen (73.1.3 -41) 201 Lake View Avenue Cambridge, Massachusetts 02138 Edwin M. and Zoe B. Hall (73.1.3 -42) 1255 Old Annapolis Boulevard Arnold, Maryland 21012 T. C. Akeley (73.1.3 -43) c/o Toronto Dominion Bank 995 Howard Avenue and Erie Windsor, Ontario, Canada N9A154 William S. and Deborah C. Belichick (73.1.3 -44.1) 132 Center Avenue Chatham, New Jersey 07928 George G. Raymond, Jr. and Ellen R. Raymond (73.1.3 -44.2, 44.3) 237 Riverside Drive Binghamton, New York 13905 Linda Philip Holland (73.1.3 -46) c/o Mrs. Linda S. Holland Box 70 Siasconset, Massachusetts 02564 Frederic J. Jelleme (73.1.3 -76, 78) c/o Holiday Motor Lodge 6615 Transit Road Williamsville, New York 14221 Town of Nantucket (73.1.3 -77, 120) Nantucket Massachusetts 02554 Dracia B. Silber, Trustee (73.1.3 -79) 949 West End Avenue, Apt. 7 -E New York, New York 10025 Arthur J. Wullschleger, Jr. and Carol Wullschleger (73.1.3 -80, 103) Ten Bruce Road Mamaroneck, New York 10543 Hyman and Giselle H. Koster (73.1.3 -81) 23 -35 Broadway Long Island City, New York 11106 Tom S. and Mary E. H. Ward (73.1.3 -82) 49 Gilliam Lane Riverside, Connecticut 06878 Edwin E. Turner, Jr. and Ruth M. Turner (73.1.3 -83) 16 Shell Street Siasconset, Massachusetts 02564 John A. and Helen B. Reindel (73.1.3 -84, 85) 2338 Hearth Drive Evergreen, Colorado 80439 Zolton A. and M. Britt Benyus (73.1.3 -87) 263 Cedarwood Road Stamford, Connecticut 06903 Irene M. Armington (73.1.3 -88) 239 East 79th Street New York, New York 10021 Daphne Ruth B. McCarthy (73.1.3 -89) 7308 Western Avenue Chevy Chase, Maryland 20015 Bruce P. and Dorothy W. Mattoon (73.1.3 -90) 18 Woodland Road Foxborough, Massachusetts 02035 Kathy G. McGowan (73.1.3 -91, 91.1) 214 Lafayette Street New York, New York 10021 Henry B. and Patty S. Day (73.1.3 -93) P. 0. Box 384 Old Lyme, Connecticut 06371 Betty Divalmarana (73.1.3 -94) RFD 6 Simonetta Charlottesville, Virginia 22901 Dorothy D. Fraser Vollans (73.1.3 -95, 96) Box 622 Front Street Siasconset, Massachusetts 02564 Fella Tarlov (73.1.3 -101) 1150 Fifth Avenue New York, New York 1002E Roland M. and Barbara C. Deloes (73.1.3 -102) Six Rivage 1297 Founex Switzerland Jeanette B. Crapsey (73.1.3 -104) 51 Greenview Road Rochester, New York 14620 Ward Woodhead (73.1.3 -105) 341 Rosewood Avenue Winnetka, Illinois 60093 John E. Lacouture, Jr. (73.1.3 -106) 2221 Hopedale Avenue Charlotte, North Carolina 28207 Lillian Irene Heaney Cash (73.1.3 -107) 3318 Highwood Drive, S. E. Washington, DC 20020 Charles E. Welton (73.1.3 -108) 20 Miller Street Medfield, Massachusetts 02052 Mark D. and Lynn Fitzpatrick (73.1.3 -109) 716 Ridgefield Road Wilton, Connecticut 06897 Donald A. and Joan B. Porter (73.1.3 -110) 1255 Smith Ridge Road New Canaan, Connecticut 06840 1l -,l Henry M. Gallagher (73.1.3 -111) 148 Herrontown Road Princeton, New Jersey 08540 James L. and Martha B. Farley (73.1.3 -112) Star Route #4 Windsor, Vermont 05089 Peter F. Krogh et al (73.1.3 -114) 1238 29th Street, N. W. Washington, DC 20007 William M. Marvel (life right) (73.1.3 -115) 5303 Duvall Drive Bethesda, Maryland 20816 George J. and Ann F. Hubbs (73.1.3 -116) c/o Nantucket Savings Bank Two Orange Street Nantucket, Massachusetts 02554 Henrietta H. Boyd et al (73.1.3 -117) c/o Adelaide England 145 Henderson Road Williamstown, Massachusetts 01267 Elizabeth Hood Phillips (73.4.2 -9) 1687 34th Street Washington, DC 20007 Marshall H. and Virginia C. Chambers (73.4.2 -10) P. 0. Box 183 Lawrenceville, New Jersey 08648 Judy Carter (73.4.2 -11) Stoney Ridge Lane Riverside, Connecticut 06878 Mary Jane Levy (73.4.2 -12) Box 409 Siasconset, Massachusetts 02564 John M. and Elizabeth A. Gibbons (73.4.2 -14, 15) 2303 38th Street, N. W. Washington, DC 20007 Siasconset Casino Association (73.4.2 -16) Ten New Street Siasconset, Massachusetts 02564 Marian C. McGonagle (73.4.2 -62) Berkshire Road Gates Mills, Ohio 44040 Robert H. and Helen H. Potter (73.4.2 -66) 120 Main Street Nantucket, Massachusetts 02554 Joyce L. Coffin et al (73.4.2 -67) Lindbergh Avenue Siasconset, Massachusetts 02564