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Home My WebLink About005-88�4n cs -� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Fsz.lo a j !- CW9 Re: L 4111" pF- (reti4e67cUv �r-88J Enclosed is a notice of the 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 �A BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MA 02554 The Board of Appeals at a public hearing held on Friday, JQoVkrC Zy, 1988, at 1:30 p.m. in the Town and County Building, Nantucket, made the follow- ing Decision upon the Application of Lu Ann DeGenaro V05-?S), address of 13 Quaker Road, Nantucket, Massachusetts. 1) Applicant has sought a VARIANCE under Zoning By -Law Section 139 -32A for relief from the sideline setback provisions of Section 139 -16. Relief has been specifically sought to cure the existing nonconformity of a structure completed in 1982 and for which a Certificate of Occupancy exists, but which is located approximately 8.9 feet away from the westerly side line at its closest point. The premises is in the LUG -1 zoning district, which has a 10- feet sideline setback requirement. The lot is situate at 19 East Creek Road and is shown as Parcel No. 60 on Assessor's Map No. 55, and on Land Court Plan No. 37342 -A. 2) Our findings are based upon the Application papers, plans, testi- mony and representations received during and before our February 3, 1988, hearing. 3) In support of Applicant's request for a VARIANCE under Section 139 -32 we find as follows: Owing to circumstances relating to soil conditions, shape or topography of the land or structures, but not affecting generally the zoning district in which it is located, a literal enforcement of the sideline setback requirements of Section 139 -16 will work a substantial hardship, financial or otherwise, on the Applicant. The said existing structure was built in 1982 after approval for construction was obtained from the appropriate local authorities including the Nantucket Building Department and the Nantucket Conservation Commission. Because a substantial portion of the lot is wetlands to the east of the struc- ture and the topography to the west is steeply sloped, siting the house was, no doubt, a difficult task. Adding to the complexity of the problems, the house was designed and placed upon pilings. To site the pilings, the Applicant engaged a professional surveyor. Throughout she relied in good faith upon w her professionals. Indeed, the error was not discovered until a recent mortgage plot plan was done. It is our understanding from Applicant's representations that the area in violation is approximately 4 square feet. The area, within the struc- ture, affected is the only full bathroom not within a bedroom in the house. Therefore, although the offensive portion of the structure is small, its re- moval would create a substantial hardship on the Applicant. Furthermore, we believe that moving the house toward the wetland would be impractical and probably would not be welcomed by the Conservation Commission. We find further that allowing this structure, which has existed in this spot for several years, to remain "as is" does not derogate from the By -Law's intent and purpose and will not cause detriment to the public good, provided conditions which will lessen the impact of the use of this lot to the abutting property are imposed as set out below. THEREFORE, upon a motion duly made and seconded, this BOARD voted UNANIMOUSLY to grant Applicant relief by VARIANCE to reduce so much of the sideline setback requirement on the westerly side of the premises to cure the existing nonconformity as to sideline setback for the existing single - family dwelling structure which stands approximately 8.9 feet away from the westerly sideline at its closest point. Such relief is conditioned, however, upon the F, C_:. e- r"7" A_ Owner /Applicant's planting thirty (30) ar-bQwrit-Ae plants along her westerly boundary so as to further screen the existing house (which planting need not be immediate but shall be done by 8/1/88); AND upon there being no second dwelling being placed or constructed on the locus. Dated: February 9, 1988 William Sherman Dale Waine C. Mar hall Beale i� 64 a r- dp?) NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JANUARY 29, 1988 at 1:30 p.m. in the TOWN AND COUNTY BUILDING,, FEDERAL AND BROAD STREETS, NANTUCKET on the Applica- tion of LU ANN DEGENARO (005 -88) seeking a VARIANCE i:om the 10 -foot side lot line setback required by SECTION 139 -16C to validate 1982 siting of a single - family residence 8.9 feet from the southwesterly side lot line. The premises are located at 19 EAST CREEK ROAD (fronting on SPRUCE STREET), Assessor's Parcel 55 -060, Land Court Plan 37342 -A, zoned LIMITED USE GENERAL -1. Wi liam herman, C airman BOARD OF APPEALS BOA Form 1 -87 AAPEICATIOW7 NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): Mailing address: No v 00 - Applicant's name Same as above Mailing address: it if it Location of lot(s): Assessor's map and parcel: Map #0055. Parcel # 060 Street address 19 East Creek Road Registry LC PL, P%xMx&x cxRixAFL 37342 -A Lot Deed ref. Subdivision Endorsed Li/8 / 71 ANR? Yes Date Lot(s) acquired: LL/j2/_,L Zoning district LUG 1 Number of dwelling units on lot(s): One Rental guest rooms None Commercial use on lot(s): None MCD? No Building date(s): all pre -'72 zoning ?. No or dwelling built 1982 Building permit application- Nos. and dates 2/82 C of 0? Yes Case No(s). or dates all prior BOA applications: None State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non - conforming use, or to reverse Building Inspector byyAppeal per -31A & B: Applicant seeks a Variance pursuant to Section 139 -32A for partial relief from the 10' side line setback requirements of 139 -16. If granted the Applicant will be allowed to maintain an existing dwelling built in 1982 and which is 8.9 feet from the southwesterly sideline at its closest point. Enclosures forming part of this Application: Supplement bo above Site /plot plan(s) x with present /g=pPAad structures Locus map x Floor plans present /proposed Appeal:record' Needed: areas per morWc t$goet plan setbacks GCR% parking dsta� Assessor's certified addressee list (4 $eta): V . X-. Mailing Labefso.(2. A4s Fee check for $150.00 payable to Town of Nantucket x {:Cap" covenant~ I certify that the requested information submitted is substantially complete and true-to a �iowledge-,�.under'pains'and penalties..of perju rX� Signature: s j Applicant Attorney /tx / / (Tf nrnt Atm Y_ _%z!Hrtw1Wn a4 a fnr attti%nri *v^ 4 hnerAn�i 1 ',