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Home My WebLink About033-86AY '(P/ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April 7, 1986 Re: HENRY M. TUFO, CARLEEN TUFO AND J. PETER JUDGE (033 -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 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 BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, APRIL 4, 1986 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of HENRY M. TUFO, CARLEEN TUFO AND J. PETER JUDGE (033 -86) address c/o Reade, Box 2669, Nantucket, MA 02554, the Board enters the following Decision and makes the following findings: 1. Applicants seek a VARIANCE from the side lot line setback re- quirements of code SECTION 139 -16C to validate siting of their single - family residence with zero setback. The premises are located at 58 WAUWINET ROAD, Assessor's Parcel 14 -65 (Land Court Plan 16220 -R) and are zoned LIMITED USE GENERAL -III. 2. Based upon the Application papers, letter,_and testimopy and represent4ons at our hearing, we find that Applicants acquired the pro- perty May 22, 1981, the dwelling having been constructed in 1974. When constructed, the house was outside the then 3 -foot side line setback, but its southerly deck extended over the side line by inadvertent siting error. 3. Applicants have, on counsel's advise after learning of the in- trusion, removed the deck portion beyond their lot line. Since 1974, up zoning to LUG -III increased the required setback to 20 feet, thus bringing the house itself, as well as deck, into non - conformity. Applicants now face extreme financial hardship apart from grandfathering, and significant hardship simply to bring the deck into conformity with the prior 3 -foot setback. 4. Spaced to the south from Applicants' southerly lot line by the 33 -foot wide proprietor's way is the abutter most immediately affected. By letter of March 28, 1986, that abutter indicated that he had no objection to the requested Variance if the south side of the dwelling (i.e., the deck) is zero feet from the north (not the south) side of the proprietor's road - as it is. Other concerns of that abutter about placement of parked (033 -86) -2- vehicles, lumber, debris, etc. in that road might best be responded to directly by Applicants. 5. We are, accordingly, able to find that the sought relief may be granted without substantial detriment to the public good and without nulli- fying or substantially derogating from the intent and purpose of the zoning chapter. 6. Requisite to a variance, we further find the uniqueness of the circumstances within LUG -III in the citing of Applicants' dwelling rela- tive to the setback and the unimproved proprietor's road. 7. The Planning Board's recommendation was unfavorable, absent in- formation on the circumstances; otherwise, no opposition was heard. We note that the encroachment has continued more than 6 years after con- struction pursuant =-to a -valid -building ":permit- barring enforcement- action..- in -any event. -- 8. Accordingly, this Board, by UNANIMOUS vote, GRANTS to Applicants the requested relief by VARIANCE. Dated: April 7, 1986 Nantucket, MA 02554 William R. Sherman Dorothy D. Vollans C. Ma shall BJald NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, APRIL 4, 1986 at !Z- :00 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of HENRY M. TUFO, CARLEEN TUFO AND J. PETER JUDGE (033 -86), seeking a VARIANCE under Zoning By -Law SECTION 139 -16C (Intensity Regulations - Side Lot Line Setback). If granted, the Applicants would be permitted to maintain their existing dwelling, not - withstanding side line setback of zero feet on one side; the minimum permitted is 10 feet (3 feet at the time the Applicants' dwelling was constructed). The premises are located atS g WAUWINET ROAD, LOT 54, LAND COURT PLAN 16220 -R, ASSESSOR'S PARCEL 14 -65, and are zoned LIMITED USE GENERAL -3. '-e Andrew J. Leddy, Jr. Act' g /ha1rman BOARD OF APPEALS FEE $100.00 Case No. �3 APPLICA7101J ij T+E BOARD OF APnE.ALS Alantucket, Massachusetts To the Members of the Board of Appeals: The underSigned hereby ap(ties for relief from the terms of the (ZONING BY- LAW) (801LDI S CODE) on Property described below: Location of Property_58 Wauwinet Road (14 -65) Lot No. 54 _ y _ )an No. Land Court Plan 16220 -R District is zoned for Limited Use General -3 Type of structure (Existing or Proposed) or proposed use: Existing dwelling Owner's Name Henry M Tufo, Carleen Tufo and J. Peter Judge Owner's Addressc/o Arthur I. Reade, Jr. Reade & Alger Professional Cor ration When did you acquire this property? P. 0. Box 2 , Nantucket, MA 02584 Y q May 22._ 1981 Has application been filed at Building Department? No Has any previous appeal been made? No Section of By -Law or Code from which relief is reque$ted: §139 -16.0 (Intensity regulations - side lot line setback) Reason for asking relief: Applicants request relief from the side lot line requirement of 10 feet for lots of record to maintain their existing dwelling which was constructed in 1974 with zero setback from a side lot _ line. The by -law in effect at the time of construction recquired setback AV of three feet. Signature of applicant HENRY M. TUFO, CARLEEN TUFO, and J. PETER JUDGE By: ATTACH: (1) A list of the names and addresseg of each abutting 6wner and owner abutting the abutters, and owners within 300 feet. (2) A check in the amount of $100.00 made payable to the Town I 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 Hearing date(s) Decision of Board Decision filed with the Town Clerk TOKM OF PIPMVI;'KET List of Part; ^s in interest in the matter of the Petition of: Name: Henry M._ Tufo, Carleen Tufo and J. Peter Judge c/o Arthur I. Reade, Jr., Attorney, Reade & Alger Address: Professional Corporation, P.O. Box 2669_ Nantucket, MA 02584 iroperty Address: 56 Wauwinet Road (Map 14 Parcel 65) See attached list. 1 certify the foregoing is a list of persons who are owners of land abutting the Property and oviners of land directly opposite the Property on any street or way, and owners of land within 300 feet of the property all as they appear on the most recent applicable TAX. list. 'A" 4' Datg Assessor Town of Nantdcbcet LIST OF PARTIES IN INTEREST APPLICATION OF HENRY M. TUFO, CARLEEN TUFO and J. PETER JUDGE 56 WAUWINET ROAD, MAP 14, PARCEL 65 Ann E. Davis (14 - 20) 788 W. Sharon Road Cincinnati, OH 45240 W. Robert & Suzanne B. Patterson (14 - 21) 9 Emerson Road Wellesley, MA 02181 James A. & Frances M. Perelman (14 - 22) Macy Lane Nantucket, MA 02554 Molly B. Sziklas (14 - 23) Wauwinet Road Nantucket, MA 02554 Donald H. & Margaret R. Robinson (14 - 60) c/o Pocomo Overseas, Inc. 1750 Ringling Blvd. Sarasota, FL 33577 William B. & Joyce P. Lyons (14 - 63) RD 3, Kettletown Road Southbury, CT 06903 E. Delong Bowman (14 - 64) Vantage Point, Box W Plains, VA 22171 Lorimer P. Brooks (14 - 66) 6 Hyatt Road Briarcliff Manor, NY 10510 i i E S1111U1VISION PLAN o:, LAND IN r:ANTI,CK :':'r 1622® R Schofield Brothers Inc. John J. Shin =rue, Surveyor May 11, 1973 4/ V i I ~ I 0 55 � o Q 8• '" 275.99 Se40 4/' 29 ";v �G ti Q � O nt �v o^ 54 v � � 266. !3 PROPRIE TORS (33 ft. wide ) Sub ilvision of Lot 1�2 Shown on Plan 16220 M Filed with Cert. of Title No. 5716 T'et*ist.ry Distria.t. Of Nantucket. County Separate certifeates of title may be /ssued for land shown hereon as _ _tots _54 q�dss By the Court. Q SEPr /2, /g 73 i Reco�ler Copy of p f/� art or plan — — LAND REGISTRATION OFFICE -- sEP r. 12,1973 'CJ /0 of this plan /ov feet to an inch R. L. Woo Au, y, Engineer for Court W i i b it i I ~ I R I4� � o U I l ti S. S. . M. W v 0 O iD y \i O 6 N ti RO. A V� I O � W I O Copy of p f/� art or plan — — LAND REGISTRATION OFFICE -- sEP r. 12,1973 'CJ /0 of this plan /ov feet to an inch R. L. Woo Au, y, Engineer for Court W i i b it R Q_ C. 1� G� \i i W /./ / J 0 �u /. a 7 y V 4� y �SO • W /I�F.� j� t J014N -It S J r C SHUGItIIr . u r to. ^3527 O is