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
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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