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HomeMy WebLinkAbout081-86-1 rl TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 August 29, 1986 Re: ROBERT H. AND LISA R. MICHETTI (081 -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: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, AUGUST 15, 1986 at 1:30 p.m. in the Town and County Building, Nantucket,-made the folllowing Decision upon the Application of ROBERT H. AND LISA R. MICHETTI (081 -86) of 6 Allen's Way, Nantucket, MA 02554. 1. Applicants seek a VARIANCE froMthe side line setback require- ments of Zoning By -Law SECTION 139 -16C. If granted, the Applicants would be allowed to maintain the siting of their duplex - family residence although unintentionally constructed with one corner extending into the side line setback. The premises are located at 6 ALLEN'S WAY, Assessor's Parcel 55 -234.9 (Lot 53, Plan Book 21, Page 108) and zoned RESIDENTIAL -10. 2. Our findings are based upon the Applicationpapers, and testimony received at our hearing. We find that a proper survey was available and utilized in setting batter boards to guide setting the foundatign. We are told that, as with construction on other Allen's Way sites, vanda- lism was prevalent. Batter boards and lines were disturbed. Applicants are unable to identify specifically how the incorrect siting occured. It is clear that the wrong siting cannot be charged against Applicants, nor did they stand to benefit in any way. 3. The error appeared when a fresh survey was made in connection with a mortgage application for refinancing. That survey shows the northwest corner only 8.14 feet from the northerly side lot line, where 10 feet is the required minimum. 4. The circumstances of this matter are seen to be unique within the R -2 zoning district in the siting of the duplex house in relation- ship to an unusual lot shape. The R -2 district is not affected generally by such circumstances. A literal enforcement of the setback requirements would involve substantial financial and practical hardship, compliance requiring relocation or removal of the house corner. The relief sou.-ht (081 -86) -2- may, we find, be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning chapter. 5. Accordingly, by UNANIMOUS vote, this Board GRANTS to Applicants the requested VARIANCE from the side line setback requirements of SECTION 139 -16C to validate the existing siting of their duplex house. Dated: August 29, 1986 Nantucket, MA 02554 William R. Sherman Andrew J. Leddy, Jr. C. Ma shall Beal NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, AUGUST 15, 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli- cation of ROBERT H. AND LISA R. MICHETTI (081 -86) seeking a VARIANCE from SECTION 139 -16 (side line setback) of the Zoning By -Law. If granted, the Applicants would be allowed to maintain the siting of the existing structure said to be built within the side line setback. The premises are located at 6 ALLEN'S WAY, LOT 53, PLAN BOOK 21, PAGE 108 and zoned RESIDENTIAL -10. William R. Sherman, Chairma(j ) BOARD OF APPEALS 44'W/ +0//,, �a � Awl. 7~_ AeloG 1�171 FEE $100.00 Case No. 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 (ZONING BY- LAW)(BUILDING CODE) on property described below: Location of Property . -- ��!— Ctr,�L� -�S� //X� , ' f. 7- Lot No. 16-3 _ lan No. ,,4A) District is zoned for Type of structure (Existing - - or proposed use: ,2 STrDre PoP 2�c Owner's Name —CU (3 C(1 i4cIJD (-. ask ' . �A\_ CA4 Lzr� I _- Ow'1er's Address_L AL'L=Etvs wh,,�n did you acquire this property? Has application been filed at Building Department? APeS - Has any previous appeal been made ?� Section of By -Law or Code from which relief is requested: 1Ci F6nT :5L--r Lel +CK F uoi S /DE I-or Reason for asking relief: %54e 14TtA- ukeh�T k40 �5 r 45 6QSj2VCTSII) M0 CL.QS; '-i-n rh..T_P fzoP� =tZ l�ti:t� T` T+i (Z_E L! e' G_60L-" � _n' 0 S N L C- V S U S c ..1_! :L (�p LS i l) Signature of applicant 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 amoL %t of $100.00 made payable to the T:.v7n of Nantucket. (3) Four copies of the application and a map or plan showing the location of the property to be considered. (9) 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 _ TOWN OF NANTUCKET BOARD OF APPEALS List of parities in interest in the matter of the petition of: Name RO&-ciwy © Ac 407" Address L ALLG 5 �C)fl�l I��l�Nrvr_l«r Property Address n S certify the foregoing is a list of persons who are owners of 1:: abutting the property, owners of land abutting the abutters, own 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. Date Assessor Town of Nantucket -o N m .D r"0TEs CONC. al"ID. F'ri1), .L•D .I��ivOTI' S Q' �o B l3• � o� •s � I CERT /Fy THAT TH.E- B(/ /L,D/NG SHOWN ON TN /S PLAN .104S Har CONFORM ro THE CURRENT D //N,E/vS/O/VAJ, REQU/RKI -,r °-N7 -S T/IE ~E ZON //tR'r R CQLfA.A T /OHS OF rNE �WM AND CO(EN7'Y OF NANr(fCK,ET, To : P4- yN.oVT -H Snv//yG•s 5,j.�k l keCREBY ccRr /FY rHAT I HAVE EX - AM /NED rNF PREM /S ES AND THAr ALL ,EASEMENTS, KNCROACh/MENTS, AND 8U /LD 1NGS ARE LOCArED ON rqE' GROUND A9 SHOWN ro THE BEST OF My KNOwL - EDGE AN.D AS /L /rY . (02) . Y NFR,EBY CERr/Fy ro r/-ec BKsr OF MY KNOwL,EZGE THAT r//C PREM /SES ayown/ ARE LOCA7 -oCZ) /N THE FLOOD HAZARD ZONE G A5 DEL1MrAr Z ON Co""(1M/r -Y MAP NO. 25OZ30 ; MASS. ,E- FFZCriv�-, : 6 - 3 - 86 BY r/•/Z— FE -DERA4. ,f'M,ERGENCY MANAGE -ME/VT AGE/VCY . tVOTE: TN /S /S A 7-APE' SURYZY bASCD ON r/(E toCAr /o/v OF' SURVEY n4AN,<,CRS Ox- Or/e, --RS A/I.D /S NOT /NrE/vD,ED TO 8E A PROPERTY L/NJC suR vE y . r// /S PLAN WAS DRAWN FOR MO R rCTArr,- PURPOSES ONLY, NOT ro BC R,ECORD�D . DC,EZ . I q 2- / 6 , PLAN Zl/ IOa NANr-(fCKEi- COUNTY REG/SrRY OF Dz,EDS 103. Z3 6 �H OF MAS,C cy CHARLES W. -4 HART N #32489 0 r 3 x 1 d A e� tt s�n� SUH`1�y 'Y�� J Q L Q h 0 1 0 Q LL 7 3 d s I'7 N(ORTGAG,C PLOT PL.a.N OF LAND /N N,4 )V7 -UCk ET, MA. 5 CAI. Z: / Zo / HART'- BLACKw,cLL $ ASSOC. , /Nc. 5 SPARKS Ay,-. "ANrclCKET, MA. OZ554 6 / /2/,S 6 ,AS.5ZSSOpa, m T m to 4 H/ F oc . F-Il t-lv�.F— N Fo two l3• � o� •s � I CERT /Fy THAT TH.E- B(/ /L,D/NG SHOWN ON TN /S PLAN .104S Har CONFORM ro THE CURRENT D //N,E/vS/O/VAJ, REQU/RKI -,r °-N7 -S T/IE ~E ZON //tR'r R CQLfA.A T /OHS OF rNE �WM AND CO(EN7'Y OF NANr(fCK,ET, To : P4- yN.oVT -H Snv//yG•s 5,j.�k l keCREBY ccRr /FY rHAT I HAVE EX - AM /NED rNF PREM /S ES AND THAr ALL ,EASEMENTS, KNCROACh/MENTS, AND 8U /LD 1NGS ARE LOCArED ON rqE' GROUND A9 SHOWN ro THE BEST OF My KNOwL - EDGE AN.D AS /L /rY . (02) . Y NFR,EBY CERr/Fy ro r/-ec BKsr OF MY KNOwL,EZGE THAT r//C PREM /SES ayown/ ARE LOCA7 -oCZ) /N THE FLOOD HAZARD ZONE G A5 DEL1MrAr Z ON Co""(1M/r -Y MAP NO. 25OZ30 ; MASS. ,E- FFZCriv�-, : 6 - 3 - 86 BY r/•/Z— FE -DERA4. ,f'M,ERGENCY MANAGE -ME/VT AGE/VCY . tVOTE: TN /S /S A 7-APE' SURYZY bASCD ON r/(E toCAr /o/v OF' SURVEY n4AN,<,CRS Ox- Or/e, --RS A/I.D /S NOT /NrE/vD,ED TO 8E A PROPERTY L/NJC suR vE y . r// /S PLAN WAS DRAWN FOR MO R rCTArr,- PURPOSES ONLY, NOT ro BC R,ECORD�D . DC,EZ . I q 2- / 6 , PLAN Zl/ IOa NANr-(fCKEi- COUNTY REG/SrRY OF Dz,EDS 103. Z3 6 �H OF MAS,C cy CHARLES W. -4 HART N #32489 0 r 3 x 1 d A e� tt s�n� SUH`1�y 'Y�� J Q L Q h 0 1 0 Q LL 7 3 d s I'7 N(ORTGAG,C PLOT PL.a.N OF LAND /N N,4 )V7 -UCk ET, MA. 5 CAI. Z: / Zo / HART'- BLACKw,cLL $ ASSOC. , /Nc. 5 SPARKS Ay,-. "ANrclCKET, MA. OZ554 6 / /2/,S 6 ,AS.5ZSSOpa, TOWN OF NANTUCKET BOARD OF APPEALS L St- of parties in interest in the matter of the petition of: :dame yoocc( U\.© �05/i A C-4 -mf Address Co fA L Ly r, p,4Pt'yC_l«r Property Address ' V S ��n 00SS — I certify the foregoing is a list of persons who are owners of 11 abutting the property, owners of land abutting the abutters, own 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. IJL z Dge C11 Assessor Town of Nantucket