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Home My WebLink About058-8605& - 91C0 60 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 July 25, 1986 Re: BRENDA AND HENRY STAFFORD (058 -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. ie William R. Sherman, Chairman BOARD OF APPEALS how, �i � lsiz�s'�� k1. Tsr�rr �i i BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS , at a Public 11, 1986 at 1:30 p.m. (and continued from Town and County Building, Nantucket, made the Application of BRENDA AND HENRY STAFF, Lane, Nantucket, MA 02554. Hearing held on FRIDAY, JULY June 27, 1986) in the the following Decision upon JRD (058- 86)taddress 1 Quail 1. Applicants seek a VARIANCE from the front -yard setback re- quirements of SECTION 139 -16A so that an existing non - conforming siting of a single - family dwelling may be freed from a technical viola- tion. The premises are located at 1 QUAIL LANE, Lot 94 of Plan 26439P and zoned RESIDENTIAL -10. 2. Our findings are based upon the Application papers, and plans and testimony received at our hearing. Specifically, a mortgage plot plan dated May 20, 1986 of record shows the dwelling front 16 to 16.2 feet from the front lot line along Quail Lane. We are told by Applicant Henry Stafford that such improper siting resulted from incorrect place- ment of batter boards and foundation by builder Tom Ross and mason Bruce Stetson. The marker at the northeast corner is said to have been broken, and the Building Inspector's office is said to have over- looked the error at the time of foundation inspection in 1982 and sub- sequently. A single -story dwelling was constructed on the foundation. 3. The non - conformity with zoning has recently been noted in connection with a sale of the premises. 'W We are told by Applicant that moving the house four feet back would cost approximately $20,000, a clear financial hardship. While a garage on the adjacent lot is set even closer to the street line, Applicants' situation in the R -10 zone is said to be sufficiently unique that we can properly grant a Variance under the conditions of Section 139 -32. P (058 -86) -2- 4. We could not establish bad faith on Applicants' part. No record of the Building Inspector was found indicating that a stop order was placed or proposed because of the wrongful siting. Applicant Henry Stafford said the only questions raised by the Building Inspec- tor concerned the broken marker and proper posting of the building permit. On that basis, relief may be granted without substantial detri- ment to the public good and without nullifying or substantially dero- gating from the intent or purpose of the zoning chapter. 5. No opposition was heard. 6. Accordingly, by UNANIMOUS vote, Applicants are GRANTED the requested VARIANCE from SECTION 139 -16A to validate the existing siting of the single -story dwelling within the required front -yard setback. Dated: July 25, 1986 Nantucket, MA 02554 William R. Sherman ,06r,a/z 10 VS11M41.0_) Dorothy D. Vollans C. Ma shall Be le 4 NOTICE A Public Hearing of the BOARD OF APPEALS will be held FRIDAY, JUNE 277 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica- tion of BRENDA AND HENRY STAFFORD (058 -86) seeking a VARIANCE from SECTION 139 -16A front yard setback requirement to validate existing non - conforming siting for purposes of a sale. The premises are located at 1 QUAIL LANE, LOT 947 PLAN NO. 26439P, and zoned RESIDENTIAL -10. AA zz William R. Sherman, Chair n BOARD OF APPEALS FEE $100.00 Case No. O 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 (?Od;ImG BY- T..AW) (BUILDING CODE) on property described below: Loccltion of Property. +L 1 r -- Lot NO. Plan No. — Di s':rict is zoned for — Type of structure(Existing or proposed) or proposed user_ Owner's Name -F�)' Doq -- Owaer's Address - Whnn did you acquire this property ? - Has application been filed at Building Department? - Has any previous appeal been made? Section of By -Law or Code from which relief is requested: Reason for asking relief: 4 rq e S' nature a lic, h ATTACH: (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 T3,an of Nantucket. (3) Four copiLs 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 - — n TOWN OF NANTUCKET BOARD Or APPEALS L:_5ct of parties in interest in the r...atter of the petit_ -'or-, o?:: :Jame Address Property Address -- — j;tt'-'J-t-k -"' /�Ul' I certify the foregoing is a list of persons who are owners of l abutting the property, owners of land abutting the abutters, o•,::: of lard directly opposite the property on any street or way, Z:r.: owners of land within 300 feet of the property, all as they on the most recent applicable TAX list. n n I 1 . Date �. Assessor Town of Nantucket pay,45 1 -EWiGL - kecew\� O'e-tA S,ctmms �"*�qu((Af Ira- S'F 14 � 36� Lew -v bq uj cy 611,�- 2 rl f tIftmp I c? ewt oil, 4 r`� / f. JI I i L SUBDIVISION PLAN OF LAND IN NANTUCKET Michael S. Bachman, Surveyor August 23,1982 1 plan No. 26439 N Cert. No. 9082 53 52 C.B N 27'13'40'E ?00.00 NX C. B. 2643, c. B. O Ira O W 9d 14 o `� ~ ® J 3 � 3 •n°, W N v N 27'13'40'E N 3 50.00 o 50.00 ° o N 27'13'40'E Z U C3 j o � � o 95 'Line" C.B S 27'1 C. B. HOOPER FARM ROAD Subdivision of Lot 13 Shown on Plan 26439 -D Filed with Cert. of Title No. 5207 Registry District of Nantucket County Separate certificates of title may be issued for land chnwn hanonn ac In 0, _4a and 9_5 f%mv of nwnr of nlwn