HomeMy WebLinkAbout125-86TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
eee m lo-e r
3, 190(o
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
P
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
f1T20 T S T ON
In the matter of the Application of JEFFREY J. MOORE (125 -86),
at a meeting of the BOARD OF APPEALS held at 1:30 P.M. on Monday,
November 3, 1986, at the Town and County Building, Nantucket, the
Board enters the following Decision and makes the following findings:
1. This is an Application for a Variance granting relief
from the Nantucket zoning by -law, §139 -16.A and C (Intensity
Regulations: Frontage, Ground Cover, Front and Side Yard Setback) .
If granted, the Applicant would be permitted to maintain his
existing single- family dwellings upon the premises, notwithstanding
various dimensional nonconformities. The premises are located at
1 POLLIWOG POND ROAD (Assessor's Parcel 55- 421.1) , Lot 2, Plan
Book 22, Page 25, and are zoned RESIDENTIAL -10.
2. As presented to the Board, the Applicant's premises
consist of a lot containing 8,221 square feet, upon which a
dwelling was standing prior to June 22, 1982, the date of the
plan in Plan Book 22, Page 25. Until the April, 1983 Annual Town
Meeting, the premises were situated in a Residential -1 zoning
district; at that time, they were re -zoned as Residential -10.
The Applicant purchased the premises (up to that time, in common
ownership with an adjacent parcel) on May 24, 1983, subsequent to
the zoning change. He then proceeded to construct an additional
single - family dwelling upon the premises. A recent survey of the
premises shows the following nonconformities with dimensional
Page 1 of 4
requirements of the by -law:
(a) Lot size is 8,221 square feet; minimum lot size is
10,000 square feet.
(b) Frontage (if measured on Vesper Lane) is 53.20
feet; minimum required is 75 feet.
(c) The 12 -foot front -to -back spacing requirement of
primary and secondary dwellings under §139- 7.A.(2)(b), applicable
to Residential districts under §139- 8.A.(1), is not met (unless
frontage is measured on Vesper Lane).
(d) Front yard setback is 16.7 feet; 20 feet are required.
(e) Side (or rear) yard setback is as little as 6.9
feet and 8.0 on the northwesterly side of the two dwellings,
respectively; 10 feet are required.
(f) Ground cover is 26.7 %; the maximum permitted is
20 %.
(g) The new dwelling lies within 1.8 feet of the
southeasterly line with Polliwog Pond Road; whether this be
considered as front yard or side yard.
3. By our decision in 59 -86, at a meeting held on June 27,
1986, this Board granted relief to the Applicant as to certain of
the above nonconformities; however, other of these matters were
not brought before us, having been disclosed only by the recent
survey. The 59 -86 decision granted variance relief as to the
following matters of nonconformity:
(a) Minimum lot size.
(b) Side yard setback (but not identifying which side
yard setback problems were to be cured).
Page 2 of 4
Furthermore, the Applicant was required to adopt an irrevocable
election to treat frontage as being on Vesper Lane; this leaves
the lot not in conformity with the minimum frontage requirement.
4. Based upon the matters placed before this Board at the
public hearing, and the application filed with the Board, the
Board finds that, owing to circumstances relating to the soil
conditions, shape or topography of the land or structures upon
the premises (consisting of the configuration of the present
structures) and especially affecting such land and structures but
not affecting generally the zoning district in which the premises
are located, a literal enforcement of the provisions of the by -law
would involve substantial hardship, financial or otherwise, to
the Applicant (consisting of the fact that the existing structures
are already constructed and are being lawfully occupied), and
that desirable relief may be granted without substantial detriment
to the public good and without nullifying or substantially derogating
from the intent or purpose of the by -law (in that the structures
are now in existence and that no public purpose will be served by
forcing their removal or relocation).
5. For the reasons herein set forth, the BOARD OF APPEALS
hereby GRANTS the Applicant relief from the zoning by -law, §139 -16.A
and C, permitting the Applicant to maintain his existing buildings
upon the premises, as shown upon the plot plan, a copy of which
is attached hereto as Exhibit A, notwithstanding the nonconformities
listed in Paragraph 2 of this Decision, by a VARIANCE, by a
UNANIMOUS VOTE.
Page 3 of 4
i
Dated: 'Dmemlo-ed- 3 1986
A)arr-wc,Ler, m' 4D2-5W
L�
William R. )Sherman
a4laz��
Dorothy D. Vollans
C. M rshall B a
Page 4 of 4
r t ,
Nora' : r/f£ PJGOPERry --wowv
N£/GE'ON WAS GRANrCD A VARIANCE
B y rNE NANrtfCKCr ZONI/✓6 uoA&z
OF APACAL£ f /LED IN rNC NRN -
rt/C�Ger i aISrty or D,ec&a/
aDOAe 254 , PAGE as z .
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WAS DRAWNfGJ! �rOATSA6 PURP0.SES
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OWNQR S J.EFFJZEY MOORE
DArZO : BOOK ZOO PAG.0 320
PA:. A" : BOOK 2Z Pa. 25 A o r 4
N.4MTVCX.V7' COVNTYRR6~)d7'RY4Jr DAMPS
A- 3SXC50R'S PARcXJ:- "0: 55 - 421./
ZONING : R - IO
rIIC BtfILDINGS SIIOWV AI.CJP.CON
DO NOT CONFORM r0 rNE ZON-
ING XCQU1REMENrS OF >-NE
rOWAI OF NANTUCKET' AS
REGARDS:
F7CoNr SEr BACK : 20 Fr. READ.
2� G.C.R. : 20 `/. ALLOWEd
3) SIDE ! TtEAR SET .BACX : 5 Fr. REQD.
CHARLES
W.
HART
#32469
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NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
Monday, November 3, 1986, at 1:30 P.M. in the TOWN AND COUNTY
BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application
of JEFFREY J. MOORE (17,5 -86), seeking a VARIANCE under §139 -16.A
and C (Intensity Regulations - Frontage, Ground Cover, Front and
Side YaA Setback) of the Zoning By -Law. If granted, the Applicant
would be relieved from various dimensional requirements of the
by -law as to the existing dwellings. The premises are located at
1 POLLIWOG POND ROAD (Assessor's Parcel 55- 421.1), Lot 2, Plan
Book 22, Page 25, and are zoned RESIDENTIAL -10.
William R. Sherman, Chairman
�� BOARD OF APPEALS
I AB- 1
FEE $100.00 Case No.�
APPLICATION IVO THE BOARD OF APPEALS
Nantucket, Massachusetts
To the Members, of the Board of Appeals:
The undersigned hereby applies for relief from the terms of the
('ZONING BY- T,AW)(BUILDING CODE) on property described below:
Location of Property One Po 11 i wog Pond Road _
Lot No. 2 Plan bLQx Book 22, Page 25
District is zoned for Residential -10
Type of structure (Existing or Pr_onosed) or proposed use: Existing
Owner's Name Jeffrey J. Moore _
owner's Address c/o Reade & Alger Professional Corp., P.O. Box 2669,_N ntucket, MA _02584
When did you acquire this property? May 24, 1983
Has application been filed at Building Department? No.
Has any previous appeal been made ?_ Yes (59 -86)
Section of By -Law or Code from which relief is requested:
§139 -16.A & C (Intensity Regulations- Frontage, Ground Cover, Front and Side Yard SaL ack)
Reason for asking relief: At the meeting of June 27, 1986, Applicant irrevocably
elected to treat the Premises as fronting on Vesper Lane. While this election was
necessary _ because of _the requirement of a 12' separation, front to back, between the
primar_ and secondary dwellings, it caused the Premises to become non - conforming as to
frontage. The Premises have only 53.20' of frontage along Vesper Lane but have 149.58'
of side yard along Polliwog Pond Road. Si na • re f a licant
Applicant had sought relief from the /--- _
frontyard setback requirement, but such* Attorney for Jef ey J. Moore
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 Town
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
*relief was neither approved nor denied. The Premises have a 16.7' frontyard setback,
3.3' less than the required 20'. Applicant did receive relief from the sideline
setback requirement of 10', but the decision is ambiguous as to whether this relief
extends to both the primary and secondary dwelling. The primary dwelling has. a 6.9'
set back on the northwest and, at the smallest point, a 1.8' set-back from Polliwog Pond
Road on the southeast. The secondary dwelling has an 8' setback on the northeast
(which conformed to zoning when the dwelling was constructed prior to 1983 when the
Premises were zoned Residential -1) and is conforming on the southeast. Applicant has
also just learned that the Premises violate ground cover. The Premises have a ground
cover ratio of 26.7 %. The allowed ground cover ratio is 20 %.
TOVtI OF rIPr VIrI K£T
list of Part - ^_s in interest in the matter of the Petition of:
Name: Jeffrey J. Moore
c o Reade & Alger Professional Corporation
Address: Post Office Box 2669, Nantucket, Massachusetts 02584
ilroperty Address: One Polliwog Pond Road (55- 421.1)
1 certify the foregoi
Abutting the Pronertv
nn any street or way,
all as they /appear on
Dat
See attached list.
no is a list of persons who are owners of land
and owners of land directly opposite the property
and owners of land within 300 feet of the property
the Trost recent applicable TAX-list.
Assessor
Town of Nantdc6ret
,
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PAKCEL NAME & BILLING ADDRESS
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•NOTE: rIIE PROPERry yIoWN
HEREON WAS GRANTED A VARIANCE
BY THE "AA/rc/GKfr 2oN1NG BoARD
OF APPEALS FLED /A/ THE NAAV -
Tt/CK�c T REG /S T,Cy pF DEEDs,
BOOK 254 , PAGE 332.
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