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HomeMy WebLinkAbout001-86a Y 1 January 24, 1986 Re: PAUL MOTTERN (001 -86) 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 1.7 of Chapter 40A of the General Laws, and shell be filed within twenty (20) days after this date. William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, JANUARY 10, 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, NANTUCKET, in the matter of the Application of PAUL MOTTERN (001 -86) address 5763 Kugler Mill Road, Cincinnati, OH 45236, the Board enters the following Decision and makes the following findings: 1. Applicant seeks a VARIANCE with respect to Zoning By -Law SECTION 39 -7A (3)(a) to allow construction of a secondary dwelling over a detached garage with an actual spacing from the principal dwelling of approximately 6 feet. The premises are located at 5 RIDGE ROAD, FISHER'S LANDING, Lot 5 of Plan 38 and zoned Limited Use General -III. 2. Based upon the Application papers, viewings, testimony and repre- sentations, we find that the garage foundation has been constructed pur- suant to a pre -frost Building Permit issued October 1, 1985. Having thus proceeded in advance of ground freezing, Applicant now seeks relief before undertaking further construction. 3. The premises are in a permitted cluster development, the prin- cipal dwelling was sited on its lot rotated about 20° counter - clockwise relative to the usual parallelism of building and lot lines, this to enhance views from a neighboring house. In granting the 1985 building per- mit, such rotation was not apparent from the application papers nor, cor- respondingly, the intersection of the front building line with the garage site and the 6 feet spacing irrespective of building lines. No bad faith or deceptive intent was involved. 4. To now require removal of the garage foundation for strict com- pliance with Section 139 -7 A (3)(a) would work a severe hardship upon Applicant. Because of the unique constraints upon the lot due to cluster development, an appropriate alternative siting may not be available. Under these circumstances, not affecting generally the'LUG -III District, a literal enforcement would involve not only a substantial hardship to (001 -86) -2- Applicant but possibly an unfortunate precedent to others subject to the cluster development plan. The 6 foot spacing, while aesthetically dis- cordant,presents no offence to considerations of safety or the like, given the imperatives of clustering. 5. Counsel for Applicant suggested that relief might be afforded by a broadening interpretation of paragraph (2) "Side Yard SetBacks" in an agreement of July 11, 1978 between. the Board of Appeals and the cluster developer to whom the Special Permit for clustering was granted. However, that provision concerns building spacings lot -to -lot and not within a given lot. Moreover, the contracting party was not before us to be heard on any question of interpretation. 6. Counsel also questions whether relief might be facilitated by constructing a connecting breezeway so as,to come under Subsection (b), not (a). However, the definition in Section 139 -2 imports into Subsection (b) a minimum length of 12 feet. Accordingly, variance relief under Subsection (a) is appropriate to this case. 7. No opposition was heard. The Planning Board's recommendation was favorable if the garage exists: its foundation does. We find that the requested relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By -Laws. 8. By UNANIMOUS vote, the Board GRANTS to Applicant the requested VARIANCE to complete the garage with secondary dwelling apartment above in accordance with plans submitted to the office of the Building Inspector. Dated: January 24, 1986 Nantukcet, MA 02554 William R. Sherman A MJ re W �-/ L Andre J. Leddy Dorothy D. Vollans NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JANUARY 10, 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of PAUL MOTTERN (001 -86) seeking a VARIANCE from SECTION 139 -7 A (2)(b) requirement of the 12 -foot front -to -rear spacing of the existing principal and proposed new secondary dwelling to allow 6 feet. The premises are located at. 5 RIDGE ROAD, FISHER'S LANDING, LOT 5 OF PLAN 38 and zoned LUG -3. William R. Sherman, Chairman BOARD OF APPEALS Ab -1 FUE $100.00 Case No. APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachuset't; To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of (ZO':IP]113' BY -",AW) (BUTLDINC COD;;) on pr erty�-described pelow- r,cc tion of Property � �� Lot No. � `�' Plan No. Di-s':rict is zoned for. AA U b - _ Type of structure (Existing or Proposed) or proposed use: Own(�r' s Name A) Ow.icr' s Address s ? (0,3 / C" oK4 7V k1 r/l Wh n did you acquire Phis pro erty? Has application been filed at Building Department? Has any previous appeal been made ? /u© Section of By -Law or Code from which relief is requested: laq Reason for asking relief: /2 / � i Simatul • a • lirAintz AT'T'ACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters, and owners within 300 feet. (2) A check in the amount of $100.00 made payable to the T�,in of Nantucket. (3) Four copies of.the application and a 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[` Advertising dates -1 -- _ . -.. A -a.., 1 -N 1 � TOWN OF NANTUCKET BOARD OF APPEALS L_ t of par -_ies in interest in the matter of the oetit_on of: 7PetiA L mo17a -z . ) SJ7�o,3 /C Gc&Z- KA t C- c? IC(,J ti T'r' C41 ID -� S�5-50F� Address - _ Property Address soX s y 0�N` v e- (Z' �t0 G kow /+cI ,- i Ntcvi -m&c k-e ►I A-v,e. )- s s-V �8 R OTt4 W'A-A , M4- b q 6 D o r 1 sc o Dr2. IlyA/ -4,� s.— "qx-/` Yi MB Ek-( G 1- 1 Icy« (c RD o z (,044 g� j o to (-C) (15 a.) LiTTe7-C>,A-) Cv_ 3'O (aI (�7 RICC,Are- D e5ce-4/ fed Pr aq Ael cQoAt CD WX w,- A-C f� N y ► i 1 �sl n 74 p .Ala(, C%2A -0Je , ©�f� 13 X ek B AII-N PD W A-YC .— o w• q- 017 7 � A-? I a2-) L 0 7 k) o Nc v4 A C. to o Q .AvQ- I l 3 S eCo,1 0— Al, 4e 2Z C�p w o A)o wt A G&nLA. P :r•.�c . ,M t (tv eve ,u Bt 26 4 L A- 0lo Gv14Y1,, L M 6s a7 e� S s 35- Ce�u rei► S: w .AS�� y� K !� ,0O03 /V avt'� C I�eT ►??C� . p�s-� 5,9t 6 q-�-C ,> ok u 9 rV �' To a I °�� SlYtiICNS a' � O.MNGCc Y _ AtF 3 3 L Cd y e I,c>� -r eo kA-,S-se rr � o Ooz 3' �e:�v/ � A/ M ,J n! .J V SSW I certify the foregoing is a list of persons who are owners of 1, sEf 5H f7 �667.49� /54008 SHEET 3 OF 7 s /i2G s�.e N 6 ,t. v� ♦ 9 m � o'� u+ ♦ I 00 2 E ♦ 1oatio E w l A 14 00.E A6 p,2 yQe 95 0 AO �O [87 ��, �P. cy, µN�43p9.E O 157.39 h 1,, (n 0 taJ /� O N87055 48"W b4 N ,7°55'48' W 140. O o 140.00 o g Q o 9 g� I � �0- r= r0oO � 3 � A K � y W y E a LQCus MAP r y w 1 PLOT PLAA/ SCAM 0 L-OT ARCA . f y� ^f CoNssRVA -Tvco 1Arw a " - Vv:: -tpt'i � jr Minutes of a meeting of the Board of Appeals, July 11, 1978: Present were members Holmes, Hyde, and Bartsch, and alternate men ber, , Cahoon. In the matter of the Farm at Fisher's Landing (010 -77), the Board reviewed an amendment to the covenants originally adopted. The amendment was presented by Attorney Richard J. Glidden in ac- cord with prior discussion. On motion by Mr. Hyde, seconded by Mrs. Bartsch, it was una mously voted to accept and adopt the amendment and the chairman f authorized to sign a document establishing and incorporating the covenant as a part of the special permit previously granted. Th covenant is attached and made a part hereof. dt !a GLIDDEN. ESQ. GLIDDEN. ESQ. fRE STREET k. MASS. 02564 22&0771 COM]\TONWEALTH OF `4ASSACMISETTS (Nantucket, SS. July 11, 1978 Re: Fishers Landing Conservation Trust CLARIFICATION AND AGREEMENT RELATIVE TO CLUSTER SUBDIVISION APPROVAL GRANTED BY NANTUCKET BOARD OF APPEALS _ On May 24, 1977, the Nantucket Board of Appeals held a public hearing on the petition cf Fishers Landing Conservation Trust seeking a special permit to allow an 87 lot cluster subdivision off Warrens Landing Road in the Town and County of Nantucket. On June 12, 1977, said Board of Appeals voted to gran the requested special permit and a copy of said decision is on file with the Nantucket Town Clerk. Because of the fact that this was the first cluster sub- division approved on Nantucket since the enactment of the Zoning By -Law in 1972 there are ambiguities in the Zoning By -Law which arose once the original petitioners made application to the Building Inspector for building permits. The purpose of this document, signed by the petitioners and the Nantucket BoarC of Appeals, is to clarify those ambiguities in a manner consistent with the spirit and intent of the original application .and decision. Therefore, it is agreed as follows: 1) Ground Cover - Although the By -Law makes no mention of ground cover in cluster subdivisions, the 87 building lots in petitioners plan shall be subject to a ground cover limitation of fifty (SO %) percent. 2) Side Yard Set Backs.- Although petitioners were granted a variance from side yard zequirements, in order to preserve their village concept, petitioners agree that if any buildings are built closer than six feat to one another, each building must have a three - quarter (3/4) hour fire wall rating. t: GLIDVEN. F.riQ. GLIDDEN. ESC. 'R[ STR[Cr G MANS. 02554 3) Dwellings per Lot - The By -Law Drovides that four (4) dwelling units per acre are allowed, but petitioners property is limited to a maximu-_ 'of two (2) dwelling units on each of the 87 building lots and one caretaker' dwelling on the remaining land. Executed as a sealed instrument the day and year first above written FISHERS LANDING CONSERVATION TRUST Snelling R. Qrainard, Trustee Ala . Atwoo Trus e , NANTUCKET BOARD OF APPEALS fly iViyne F ` tiolres, Chairman 0. Edward Hyde �- Judith Bartsch �� r CO,k NONKEALTH OF MASSACHUSETTS Nantucket, SS. July )1 1978 Then personally appeared the above named Snelling R. Brainard and acknowledged the foregoing instrument to be the free act and deed of Fishers Landing Conservation Trust, before me, _ Notary Pub i ~` My Commissi n Expires: 4antucket, SS. July 11 1978 Than personally appeared the above named Wayne F. Holmes and ack- iowledged the foregoing instrument to be the free act and deed of the Nantucke 3oard of Appeals, before me, Notary Pu is My Commis ion Expires: HISTORIC DISTRICTS COMMISSION NANTU- GKEfP,- MM &AGHU- SET- -`' y A < s S Y �• S!1 7� •1 owner of Record OAbRAS�� 1 22 8-272 f ' Da to = j 1 t ^ IJ ff Y In order to have -full understanding between the Historic Districts Commission,' ;applicants, and•agents of applicants in regards to applications filed with the Commission, the Commisaion.re¢uests the signature of the Owner of Record on the following statements r pea. � 7 'Y� the undersigned, hereby ! y ' } , `. '�;• ` authorize my agent(s)' • %off f7��%'j 4—s J iy10t� to act•on.my behelf,.and make any necessary changes /revisions on my filed application with the Commission should these changes /revisions be requested by the Cov=Jssion in order' to meet the NDC guidelines necessary for approval and Issuance of a Certificate Of Appropriateness. y A < s S Y �• S!1 7� •1 owner of Record