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Home My WebLink About075-86�p TOWN OF NANTUCKET 6,? '5 rS�/ �P BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 August 5, 1986 Re: CHRISTOPHER L. MAURY (075 -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. BOARD OF APPEALS 0 BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, JULY 259 1986 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of CHRISTOPHER L. MAURY (075 -86) address 22 Meadow View Drive, Nantucket, MA 02554. 1. Applicant seeks a VARIANCE from the side -line setback require- ments of Zoning By -Law SECTION 139 -16C. The Variance is requested to vali- date the existing siting of a garage- apartment which extends to within about 2.24 feet of the southeasterly lot line. The premises are located at 22 MEADOW VIEW DRIVE, Assessor's Parcel 56 -140 (Lot 87 of Land Court Plan 14830 -U) and zoned RESIDENTIAL -2. 2. Our findings are based upon the Application papers, viewing, a marked copy of Plan 14830 -U submitted to the Building Inspector, and abutter s statement and testimony received at our hearing. 3. Applicant explained that the garage- apartment was intended to have the required setback from the adjacent side lot line as shown on the marked plan in the building permit file for the structure. Because the northeast bound was misplaced, the foundation was set too close to the actual southeasterly lot line although correctly relative to the supposed lot line. (Evidently, the 90' distance shown from northwest bound to nearest corner of the foundation was not measured, leaving the error undetected until the June 17, 1986 as -built survey.) We assume, without evidence to the contrary, that the garage- apartment contains no kitchen, so need not conform to Section 139- 7A(3). In any event, there was no in- dication of bad faith or carelessness in the erroneous siting in 1983. Applicant is an active experienced home building. 4. The Planning Board's recommendation was favorable, and all abuttersheard from indicated their approval of a Variance grant. (075 -86) -2- 5. A conforming relocation of the structure would clearly be a heavy .financial and personal hardship. 6. We find that Applicant's wife Ann owns jointly with him unim- proved Lot 86 (Assessor's 56 -141) abutting the lot line in question. (But see sole ownership shown in abutters' list in Application papers.) Together, they assented to the following condition for Variance relief: (1) At their election they will register a separate, permanent easement (of view) in favor of Lot 87 forever prohibiting any structure on Lot 86 in a circular segment of 20 -foot radius centered on the south- east corner of the garage- apartment, or (2) The same prohibition imposed by deed restriction, either enforcable by the Lot 87 owner or by the Town of Nantucket. 7. With such condition, imposed in relation to the given shapes of Lots 86 and 87 taken with the siting of the garage- apartment, we are able to find the unigeness required by Section 139 -32A, such circumstances not generally affecting the R -2 district. We also find that the Variance relief sought may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning chapter. 8. Accordingly, by UNANIMOUS vote, this Board GRANTS to Applicant the requested VARIANCE subject to the above - stated condition. Dated: ►iugusf S, 1986 Nantucket, MA 02554 p� xQ-v�- tau William R. Sherman And ew J. Leddy, Jr. Dorothy D. Vollans +r NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JULY 25, 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILD- ING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of CHRISTOPHER L. MAURY (075 -86) seeking a VARIANCE under SEC- TION 139 -16 (intensity regulations - side line setback require- ments) of the Zoning By -Law. If granted, the Applicant would be allowed to maintain an existing garage, said to be located with- in the side line setback, in its present location. The premises are located at 22 MEADOW VIEW DRIVE, MAP 569 PARCEL 1409 LOT 879 LAND COURT PLAN NO. 14830 -U and zoned RESIDENTIAL -2. William R. Sherman, Chairma BOARD OF APPEALS If 000( Ar tiL'_ 1 &. FEE $100.00 Case No. 0 r —ef-c-, APPLICAU ION TO THE BOARD OF APPEAL Nantucket, fdassachuset'_- ,po the members of the Board of Appeal=: The undersigned hereby applies for relief from the terms ci (ZONIr:1' BY -T.AW) (BUTLDTNC CODF) on property described below: Location of Property 22 Meadow View Drive Lot tlo. Map 56, Parcel 140 Plan No. Lot 87, L.C. Plan No. 14830 -U District is zoned for Residential - 2 ?ape of structure (Existing or use: Garage _ O•.cner's Name Christopher L. Maury _ Owner's Address 22 Meadow View Drive, Nantucket, Massachusetts 02554 When did you acquire Phis property? 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 requested: Section 139 -16, Intensity Regulations - Side Line Set Back Requirements Reason for asking relief: The Applicant seeks relief from the side line set back requirements because the garage on the premises was located inadvertently within side line set back area. Signature of applicant Christopher L. Maury 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 t(D the T..,an 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 A. n.,r,l i ratinn ciihmi tted to Board rA t 1- 1 Advertising dates _ Hearing dates) _ Decision of Board Decision filed with the Town Clerk t r r r1 L% r _ _ 2 51-0� R AMC 4 '15.15 "oo ll�\�� r D� ca 0 — —o za •�' t-\ N 0 N N OTE ' OFFSETS TAKEN TO Cop'rvER 1 OAktpS y' Up LOT 87 L . C, i y83ox AREA= �o,00c+ $, F OR N N 0 mil IWO IJ a 4tOT PLAk OF LAND �N `" OF Mq ffANTUCKET /"ICI. �y J. N SCALE )"=30' 3 SHUGME H No. 23529 J UNE 17 1 98(0 JOHN J. SN I U RUX NC OLD SouTM oAD NANTUCKET MA. 02STq pREPAREO FaR CHRIS MAURY ABUTTERS TO 22 Meadow View-Drive Lot 87 on L.C. Plan No. 14830 -U; Assessors: 056 -140 __ antuck _eti_M_assachusetts__02554 ASSESSORS MAP /PARCEL 056/75 William V. 56 Hummock Nantucket, 056/76 ( i111as V. 56 Hummock Nantucket, OWNER MAILING ADDRESS PROPERTY -ADDRESS Blair Pond Road Massachusetts 02554 56 Hummock Pond Road Blair Pond Road Massachusetts 02554 54 Hummock Pond Road 056/78 Edward J. Almeida 328 White Street Raynham, Massachusetts 02767 056/129 Richard S. and Roberta Sylvia 29 Meadow View Drive Nantucket, Massachusetts 02554 056/130 - Patricia H. Croapton c/o C.H. Hecker, Jr. 14501 SW 83rd Court Miami, Florida 33158 056/131 Kenneth W. Holdgate, Jr. c/o Andrea L. Dodds 148 Devoe Road Chappaqua, New York 10514 056/132 Jean B. Carleton 4825 Gulf of Mexico Drive Longboat Key, Florida 33548 056/136 David A. and Barbara Lussier 34 Meadow View Drive Nantucket, Massachusetts 02554 056/137 Wayne L. and Barbara J. Hansen 215 Causeway Millis, Massachusetts 02054 27 Meadow View Drive 29 Meadow View Drive 33 Meadow View Drive 35 Meadow View Drive 37 Meadow View Drive 34 Meadow View Drive 32 Meadow View Drive J 056/138 056/139 056/141 056/142 056/143 03628 056/281 056/282 056/283 056/284 056/285 l Edward N. and Jeanette Sherry c/o William Diehl Realty 180 Linden Street Wellesley, Massachusetts 02181 E. McElroy Maloney 24 Meadow View Drive Nantucket, Massachusetts 02554 )d hristopher L. Maury 22 Meadow View Drive Nantucket, Massachusetts-02354 Lawrason and Jeanne W. Riggs, Jr. c/o Paul H. and Bre Johnson Copper Lane Nantucket, Massachusetts 02554 Christopher L. Maury 22 Meadow View Drive Nantucket, Massachusetts 02554 John F. and Theresa H. Maury 19 Union Street Nantucket, Massachusetts 02554 X John F. and Theresa H. Maury 19 Union Street Nantucket, Massachusetts 02554 Phillips and Patricia Avery 21 Meadow View Drive ,Nantucket, Massachusetts 02554 Edmund J. and Mary K. McNally 23 Meadow View Drive Nantucket, Massachusetts 02554 X John F. and Theresa H. Maury c/o Christopher L. Maury 22 Meadow Vie Drive Nantucket, Massachusetts 02554 Elizabeth A. DaSilva 10 Newtown Road Nantucket, Massachusetts 02554 30 Meadow View Drive 24 Meadow View Drive 20 Meadow View Drive 16 Mea -dow.,Vi ew Drive 16 Meadow View Drive 17 endow View Drive 19 Meadow View Drive 21 Meadow View Drive 23 Meadow View Drive 25 Meadow View Drive 52 Hummock Pond Road- 50 Hummock Pond Road 48 Hummock Pond Road 46 Hummock Pond -Road 44 Hummock Pond Road 42 Humeock.Pond Road 056/286 Ronald M. DaSilva 10 Newtown Road Nantucket, Massachusetts 02554 056/287 Claire E. Cooper 46 Hummock Pond Road Nantucket, Massachusetts 02554 056/288 James A. Cooper 7 Windy Way Nantucket, Massachusetts 02554 -056/289 XClaire E. Cooper . 46 Hummock Pond Road Nantucket, Massachusetts 02554 056/290 ames A. Cooper 7 Windy Way Nantucket, Massachusetts 02554 50 Hummock Pond Road 48 Hummock Pond Road 46 Hummock Pond -Road 44 Hummock Pond Road 42 Humeock.Pond Road