The URL can be used to link to this page

Home My WebLink About102-86,otop— U TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 October 7, 1986 Re: ROBERT VON KAMPEN (102 -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 A. BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY OCTOBER 3, 1986 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision on the Application of ROBERT VON KAMPEN (102 -86) address 13 Dennis Drive, Nantucket, MA 02554. 1. Applicant seeks a VARIANCE pursuant to Zoning Code SECTION 139 -32 from the 12 -foot spacing requirement of SECTION 139- 7A(3)(a), applicable to his lot by reason of SECTION 139- 8A(1). If granted, Appli- cant may lawfully maintain the existing siting of a recently contructed garage- apartment relative to his principal dwelling. The premises are located at 13 DENNIS DRIVE, Assessor's Parcel 67 -364, Lot 45 of Plan 26439 -N in the RESIDENTIAL -10 zoning district. 2. Our findings are based upon the Application papers, and coun- sel's letter of 6/2/86 to the then - Building Inspector, testimony and representations received at our hearing. 3. We are told that Applicant's secondary dwelling, garage- apart- ment, was sited and built in accordance with a duly- issued Building Permit dated 8/2/84. In connection with a financial transaction pertain- ing to the property, a mortgage plot plan was prepared. Counsel for the lending institution noted that the siting was not in strict compliance with Section 139- 7A(3)(a), hence, this Application. 4. The Lot is of generally trapezoids) shape with arcuate frontage permissably reduced to 60 -foot length on a dead -end turning circle. That frontage forms a segment of a circle of 60 -foot radius centered in the turn - around. If that circle were translated so as to overlie the rear building line and intercept the rear corners of the principal dwelling, the garage- apartment would lie more than 12 feet radially beyond, to the rear of the Lot. In scalar distance, it is at least 25 feet from the (102 -86) -2- principal dwelling. Nonetheless, the respective rear and front building lines intersect, contrary to the Code. 5. To comply with Section 139- 7A(3)(a) in siting pricipal and secondary dwellings on a dead -end turning circle, one must maintain parallelism of repective front and rear building lines, hence, place one dwelling radially behind the other, or have one dwelling rotated off the usual (transverse) alinement with a radius. In the present case, each dwelling is appropriately lined up with a respective radius from the center of the turm- around. The lot shape and aesthetic considerations each militate against front -to -rear alinement on the same radius. 6. We think, therefore, that the intent and purpose of the Zoning chapter and specifically Section 139- 7A(3)(a) are best served by allow- ing the alternative measurement of 12 -feet front -to -rear spacing noted above. That is to say, by translating the circle defined by the front lot line, to intercept the rear corners of the nearest dwelling, one has a base from which to measure radially to the front of the-rear most dwelling. If the measure of that spacing is at least 12 feet, the public good sought by the code provision is served. 7. Here, Applicant has sited and constructed in good faith com- pliance with his Building Permit and with the alternative spacing noted as appropriate to a lot on a dead -end turning circle. Applicant had also obtained appropriate Certificates of Occupancy for the respective dwel- lings. The severe hardship is readily seen, were Applicant obliged to effect strict conformity, e.g., rotating and translating one of the dwellings to a more remote siting. 8. We ha%p, therefore, the basis for those findings necessary to the grant of a variance, namely, the hardship coupled with uniqueness in the zoning district in respect of lot shape and absense of substantial detriment to the public good, without risk of nullifying or substantially derogating from the intent or purpose of the zoning chapter. The Planning (102 -86) -3- Board's recommendation was favorable, and no opposition was heard. 9. Accordingly, by UNANIMOUS vote, this Board GRANTS to Applicant the requested VARIANCE from SECTION 139- 7A(3)(a). Dated: October 7, 1986 Nantucket, MA 02554 1 CERTIFY THAT 20 DAYS HAVE ELAPSED AFTER THE DECISION WAS FILED IN THE OFFICE OF THE TO CLERK, AND THAT NO APP EA[ HAS L'EEN LED, PERSUANT TO GENERAL U,WS BOA, SECTION 11 ��ST • TOWN CLERK�� s William R. Sherman e Andrew J. Leddy, Jr. Dorothy D: Vollans ,/K/13 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, OCTOBER 3, 1986 at 1 :30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of ROBERT VON KAMPEN (102 -86) seeking a VARIANCE from the 12 -foot spacing required by SECTION 139- 7A(3)(a) between recently constructed garage apartment and principal dwelling. The premises are located at 13 DENNIS DRIVE, Assessor's Parcel 67 -364, Lot 45 of Plan 26439 -N and zoned RESIDENTIAL -10. William R. Sherman, Chairman BOARD OF APPEALS 7 AB -1 L FEE $100.00 Case No. APPLICATION TO TFIF. BOARD OF APPEALS Nantucket, Massachuset;:; To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of BY- T.,AW) (BUILDING CODE) on property described below: Location of Property. r- Lot No. 1� � Plan No. '2_ 6 _ 7lJ Dis':rict is zoned for Type of structure (Existing or Proposed) or proposed use: �'s,.,.E W, / 4' Owner's Name �..er� 1P,0A kA M Owacr' s Address l3 &enn:.j `1)1( _ whin did you acquire this property?. Q Has application been filed at Building Department? \SS-• Has any previous appeal been made? Ald Section of By -Law or Code from which relief is requested: CoAe Reason for asking relief: a { Y �w/1 + VJ LS � S S Ci�G7 6 p e ,! c 2 �, L v h W I 2 L L e -- '� r a Si na re of a licant 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,.,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 Hearing dates) Decision of Board Decision filed with the Town Clerk ROBERT VON KAMPEN DENNIS DR. NANTUCKET, MA 02554 PAY TO THE ORDER OF— THE PACIFIC NATIONAL BANK OF NANTUCKET NANTUCKET. MASS. MEMO_. 1:0113054221: v027 73470 Q�� 210 19JL{Z 2 _ 53 -542 113 /&V ;Z � $ /&V;Z DOLLARS 2 10 TOWN OF NANT XKET BOARD OF APF LAI.,S L.i . :t of parL..L';�s in intere3t-. in Lh.. m-itter of the petition ot. Name_ FO PL DPI:�r,ty Address 1, //�� -S I certify the foregoing is a abutting the property, owners of land "directly opposite the owners of land within 300 f_ on the most recent applicablc- T Da t:e :t of persons who are owners of la -nd abutting the abutters, owner on any street or way, an - nerty, all as they appe. Ass To•�- -� s' nm/} � ESSOR'S DATA FILE IUPDATEn— 0//CZ136 !()WN .:p ^:,:"^,. 4 689 COUNTY ST CERT-0006301 0067-234 SANTOS BEATRICE D LIFE ES*',' 0072 SURFSTBE RO 12 MA 0205l.-I-LOT 7 KC . 18 %CHANGED 74 SURFSIDE RE, CERT-0001948 /64 -MA_ 025SI LOI 6 LC PL 26439-1? '11 0067-236 STROJNY EDWARD J SR 0076 SURITSIDE RD ) � x � � �L �rm�� o ," ~ ."^. *CHANGED IT SPARIV13"AVE CENT-0007502 10/ /75 MA 02554 LOT 5 LC PIL 26439—B ____________ NANTUCKET MA 02554 LOT 4 LC PL 37210—B 12 SPARKS AVIT. CERT-00073S9 00/ /7r*.-. _NANTUCKF.-:T* MA 02551 LOT 28 LT PL 26439-0 ' is � -~ 21 L 2 , I L m M;xRLA - - Lp *QHANOED 8 PINE GROVE iN NANTUCKET ' CEK7-000911m 12/ /SO 0067-242 COURY EDWARD P *CHANGED 609 C06MTY ST & THERESA 9 o�10 PlHE GR}V� CERT-0006301 /71 MA 02M 0067-367 HORTON JERRY R WCHANGED PO BOX 62151 ELIZABETH HE...04IP7 LOT TKYL _ 0067-366 DUQUETTE DAVID 161 _ , '_�''--- DENNIS [r-� A |^,� *uiHNh�D 4 NORTH Lu r�_ Lm]['U/;VTi| r -Aid �`.. ' �i---�- -------�� [1 ^ Ny 12211 L8TCERT-0010360 12/ /82 SSESSOR'S DATA FILE lUPDATEY,!--- JOHN 1. jr-, 0006 PINE SROVE LCIT Id 0067-241 !AMD um is � -~ 21 L 2 , I L m M;xRLA - - Lp *QHANOED 8 PINE GROVE iN NANTUCKET ' CEK7-000911m 12/ /SO 0067-242 COURY EDWARD P *CHANGED 609 C06MTY ST & THERESA 9 o�10 PlHE GR}V� CERT-0006301 /71 MA 02M 0067-367 HORTON JERRY R WCHANGED PO BOX 62151 ELIZABETH HE...04IP7 LOT TKYL _ 0067-366 DUQUETTE DAVID 161 _ , '_�''--- DENNIS [r-� A |^,� *uiHNh�D 4 NORTH Lu r�_ Lm]['U/;VTi| r -Aid �`.. ' �i---�- -------�� [1 ^ Ny 12211 L8TCERT-0010360 12/ /82 DATA FILE OUPDATED— 0&/03/26 !•ut, rat. not rt v- c OOh "7 «' �►,2l NAME & BIULING ADDRES!E3 PRO! vpyy . ...... ....... ..... I — -------- - REMIS HARVEY & PILARSKI CAROL 0412 wmls pr. 71- WHW AED 176 ATLANTIC AVI-'.' MARBLEHEAD MA 01945 LOT 13 W PL 26139.11 ----------------------------------------------------- 0067-250 DERR GARY U & GERALDINE 1B ------- 0001 T{ !'>;; RD -)(-(:'l-lj'-)NGED 4 DIAS RD CE•T-0008208 01/01/0-! NANTUCKlir.-Y' MA 02551 LOT 33 LC PL 14 15 6 20 21 22 23 24 25 26 27 28 29 30 31 13 1 I ) �3 31 31 3' 41 41 4. 147 Iae E J w 5s E3 ..._....................««.._ 0067-2151 i-<E*'--: 3: TRIBUTING s 0002 DIAS RP 2 DIAS RD CER•-0005119 /6�-3! WIINTUCKET MA 02551 LOT 2T LC PL 261W-H ----------- -- 0067-240 HERRICK RICHARD R & BORIS iy 0009 SURFEIDE DR CERT-0005330. 166 NANTUCKI*T MA 02554 LOT 10 LC PL 261394%. 0067-247 ►UARTE JAMES A . ....................... .... & NAOMX J 0001 PINE GROVE LN *CHANOED I PINE GROVE LN CE ::% F-0005741 /69 NANTUCKET MA 02554 L01" 17 LC PL 26139-Y! 0067-246 7 ----- RAAB DREW T --------------------- DONNA K 7 ---------------- GRQVf-- 1-N 3 PINE GROVE LN CERY-0010823 12/ /8-.*� NA N'Y'l.JCI<I-.-:*7* MA 02554 LOT 31 Q PL 26139-,j ASSESSUR'S DATA FILE OUPDATED- Of/Oa/B6 PARCEL NAHE & BILLING ADDRESS PROPERTY _DESC_ AND _��ALE_INFO -_-__-'_---_'-----_-----_--_'----.��---.�-��'7��-________-___--__--__ _- - .... _ - �- ' HURPHY PAUi G & ANN K �0V5 PI�E SRDYE LN 0067-245 � / ��' �'-.� OT �� C F1 26199-`! NANlU[KET � ' �! ____________________----~----------------~------------ _----_----_---------��-____ |` \^ PI�F GROVE LN 0067-244 EGAN JAMES F �R 0()O7 29 0067-24T EGAN ROBERT 21 WREAK- CERT-0005967 22. T 32 LC PL 26139-J J 23 al) 32 ��39