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Home My WebLink About031-88TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 9 1 fagq File No. 031 ?8, To: Parties in interest and others 2 E-t=1C.liUG Re: Decision in the Application of: bPIyorN 'F. SP4 G (E r2 cYIC� 0110EYA(�L w. 0cl &<'o - T2USTF- &S `C"uc.t.,�-V2 tiuCr— /%cw ►N,',r- Te-USi Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the decision must be brought by filing a complaint in court within twenty (20) days after this date. Notice of the action with a copy of the complaint and certified copy of the decision must be given to the Town Clerk so as to be received within such twenty (20) days. LAI& a&Z, e'FkWt1�A-- William R. Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MA 02554 At a public hearing on Friday, August 26, 1988, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application (031 -88) of BRIAN F. SAGER and MICHAEL W. DYER, TRUSTEES of TUCKERNUCK NOMINEE TRUST, with address c/o Reade and Alger, Box 2669, Nantucket, MA 02554, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicants, by their counsel's letter of August 24, 1988, ask that the Variance and Special Permit which we granted April 8, 1988, be modified to allow construction of entry steps extending further into the required front yard setback. Characterizing this as a minor modification not requiring a new public hearing, they ask that we approve addition of the 4.5' X 8' entry stoop shown on plan N2114 of Aug. 24, 1988 (our Exhibit "B ") attached. 2. We agree that this would be a minor modification raising no new zoning issues. The proposed 4.5' X 4.5' landing and the 3.5' x 4.5' stairs down to grade alongside the building front are needed for proper access to the hall shown on the first -floor plan of Exhibit "A" via the door facing Pilgrim Road. This requirement was evidently overlooked at the time of the original grant. 3. Accordingly, by unanimous vote this Board grants to Applicants the requested modification of the 031 -88 Variance and Special Permit, allowing the 8' -wide stoop's 4.5' intrusion into the required 25' front -yard setback, substantially as shown in Exhibit B ". Dated as of August 30, 1988 16 /�,� � - �z - Williain R. Sherman Michael J:'OLM-cCra TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April <,Zl, 1988 Re: Decision in the Application of BRIAN F. SAGER AND MICHAEL W. DYER, TRUSTEES OF TUCKERNUCK NOMINEE TRUST (031 -88) 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. cc: Building Commissioner Planning Board Town Clerk William R. Sherman, Chairman BOARD OF APPEALS e BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MARCH 25, 1988 at 1:30 p.m. in the Town and County Building, Nantucket made the following decision upon the Application of BRIAN F. SAGER AND MICHAEL W. DYER, TRUSTEES OF TUCKERNUCK NOMINEE TRUST (031 -88) address c/o Reade and Alger, Box 2669, Nantucket, MA 02584. 1. Applicants seek relief (a) by a VARIANCE from the 30 -foot front -yard setback requirements of Zoning By -Law SECTION 139 -16A, (b) by SPECIAL PERMIT under SECTION 139 -33A to alter and extend a non -con- forming use (if not abandoned), or (c) by reversal of a decision of the Building Commissioner dated 3/1/88, in each case to allow construction of a new 26' x 30' 1 1/2- story, single- family dwelling with a front -yard setback of about 19 feet. The premises are located at 16 PILGRIM ROAD, Assessor's Parcel 41 -349 (not 42 -349), Land Court Plan 12926 -B, dated 3/4/69, Lot 24, zoned RESIDENTIAL -2. 2. Our findings are based upon the Application papers, including a copy of the Building Commissioner's letter of 3/1/88, elevation and floor plans of the proposed house (our Exhibit "A "); site or plot plans, building demolition permit application 4069 -85, Building Commissioner letter of 12/9/87 and testimony and representations received at our hearings of 3/25 and 3/28/88. 3. Applicant's lot is of triangular shape with a 102.45 -foot frontage on Pilgrim Road and an area of about 5,114 SF. We understand that the lot dates from 1969 or perhaps earlier., in any event before mid - 1972 zoning and subsequent upzoning to R -2. We are told that a first cottage on the property burned to the ground and was replaced by a second said to have been built at an unspecified date, perhaps in 1973, with zero front -yard setback. The latter, a single- story, single- family dwelling with footprint shown on the plot plan of 3/1/88 titled "pre- existing footprint ", burned down on 2/4/85. The premises have not been (031 -88) -2- used for residential purposes since that date. Pursuant to demolition permit issued 4/8/85, the lot was restored to its unimproved state, see Section 139- 7A(5), in April 1985. 4. According to Applicants' counsel, the preceding Building Com- missioner indicated in early 1987 that the single -story house which burned in 1985 could be reconstructed on the same foot - print. They submitted plans to the Historic District Commission, discussing din the summer of 1987.)going to a 1 1/2 -story building. An application for a building permit (not of record here) was approved before the present Building Commissioner took office. By Letter of 12/9/87, Applicants' Trust was notified that its building permit was awaiting pick -up. We are told that Applicants elected not to pick up and secure issuance of the permit but to defer payment of the required fee since they were not required to pick it up then. In late February, 1988, with the pro- perty under a purchase and sale agreement, the prospective purchaser scxght to pick up the building permit card. The 3/1/88 letter from the Building Commissioner ensued, denying issuance of the permit because its issuance was not sought until after the expiration of the 3 -year period of non -use dating from 2/4/85. Section 139 -33C was cited, noting that the application for the permit had been approved within that period. 5. Applicants' counsel, at the 3/25/88 hearing, urged that the 3 -year period started with the 4/85 demolition under permit 4069 -85 and, hence, the late February, 1988 attempted pick -up of the building permit was timely. Plainly, however, Section 139 -33C bars re- establish- ing non - conforming uses or structures "not used for a period of three (3) years ". Regardless of when post -fire demolition was permitted or accomplished, non -use began 2/4/85 when the fire made the premises uninhabitable. No case law to the contrary is cited. 6. Applicants' counsel argued for reversal on appeal. Procedural- ly, the appeal wasnot pursued as we were not furnished the record appealed from (except the 3/1/88 letter) as required by Section 139 -31B, i.e., "all documents and papers constituting the record of the case in which the appeal is taken ". Reversal is properly denied for lack of that record, r r (031 -88) -3- as well as on the merits. Besides lapse of the 3 -year period of non- use per Section 139 -33C, Section 139 -33A only allows reconstruction of the single- family residence as it was, not larger with different foot- print and second story added. Moreover, the record here does not esta- blish that the burned house pre- existed mid -1972 zoning and so was law- fully non - conforming. 7. Such reasons also bar the requested alternative relief by Special Permit under Section 139 -33A. However, we are able substantially to relieve the severe limitations upon the buildable area of this trian- gular lot by Special Permit under Section 139 -16C by reducing the required 10 -foot westerly side lot line setback to 5 feet.'jhe abutting lot to the west is a relatively undeveloped 17.3 acres. 8. Any hardship i not being able to reconstruct the house destroyed by fire is rightly ascribed to Applicants' delay in obtaining issuance of a building permit to do so. Here, however, we find the requi- site hardship for some variance relief in odd lot shape, with 30 -foot front -yard setback resulting when the now - undersized lot was upzoned to R -2. To relieve this hardship, we would grant the requested variance from Section 139 -16A but only to the extent the front -yard setback must be reduced, i.e., by up to 5 feet, to accommodate the proposed 26' x 30' house without intruding into the required 5 -foot and 10 -foot side yards a to the west and east. We are persuaded to ,so in part because the paved portion of Pilgrim Road i5, on average, well in excess of 5 feet from the street line. 9. With relief limited to setback and no less than 25 -foot necessary to accommodate the pro ance with the Exhibit "A" plans, harmony with the general purpose without substantial detriment to abutters are believed fairly met permitting front yard posed house we find su and intent the public in framing a 5 -foot easterly side yard setback, each to the extent built in substantial accord - ch conditional relief in of the zoning chapter and good. Concerns expressed by such relief. r (031 -88) -4- 10. Accordingly, this Board by UNANIMOUS vote GRANTS to Applicants the SPECIAL PERMIT under SECTION 139 -16C reducing the westerly side yard to 5 feet and VARIANCE from SECTION 139 -16A reducing the front yard to 25 feet, each to the extent necessary, for constructing on the lot the 26' x 30' 1 1/2 -story single- family dwelling substantially as shown in Exhibit "A ", other relief being denied. Dated: April ? , 1988 Nantucket, MA 02554 William R. Sherman (C) �0 A��Ial Olive Dorothy D. Vollans C. Mars all Beale V. ARTHUR I. READE, JR. SARAH F. ALGER KENNETH A. GULLICKSEN READE & ALGEB PROFESSIONAL CORPORATION FOUR YOU KG'S WAY -NANTUCKET, MASSACHUSETTS 02554 (508) 228 -3128 FAX: (508) 228-5630 August 24, 1988 William R. Sherman, Chairman Nantucket Board of Appeals Nantucket, Massachusetts 02554 Dear Mr. Sherman: MAILING ADDRESS POST OFFICE BOX 2669 NANTUCKET, MASS. 02584 Re: Applicants, Brian F. Sager and Michael W. Dyer, Trustees of Tuckernuck Nominee Trust; Owners, Ural R. Humphries and Pamela B. Humphries Property, 16 Pilgrim Road BOA File No. 031 -88 We hereby request a minor modification of the Decision entered in the above case. If granted, this modification would permit the owners to construct a set of steps which would further intrude into the required front yard setback by approximately four and one-half (4-1/2) feet. This modification is necessary to provide secondary egress to the dwelling to be constructed under the decision. Thank you your file, I am proposed steps. SFA /ejw Enclosure FA 21 for your consideration of this matter. For enclosing an updated plot plan showing the I I Sincerely, l i t lJ �� N O T I C E A Public Hearing of the BOARD OF APPEALS will be held on Friday, March 25, 1988 at 1:30 P.M. in the TOWN and COUNTY BUILDING, FEDERAL and BROAD STREETS, NANTUCKET, on the application of BRIAN F. SAGER and MICHAEL W. DYER, Trustees of TUCKERNUCK NOMINEE TRUST ( C)3) -88), appealing the Building Commissioner's revocation of a Building Permit on zoning grounds, or in the alternative seeking relief by SPECIAL PERMIT under Nantucket Zoning By -Law Section 139 -33.A (Reconstruction of pre- existing, non - conforming structures), or in the alternative a VARIANCE from Section 139 -16.A (Intensity Regulations - Front Yard Setback), to allow the reconstruction of a single- family dwelling destroyed by fire with less than the required front -yard setback of 30 feet. The Premises are located at 16 PILGRIM ROAD (Assessor's Parcel 42 -349), Land Court Plan 12926 -B, Lot 24, and are zoned RESIDENTIAL -2. Andrew J. Leddy, Actin Chairman BOARD OF APPEALS BUILDING DEPARTMENT Tuckernuck Nominee Trust 4 Old Tree Farm Road Mattapoisett, Ma. 02739 Dear Sirs: TOWN BUILDING ANNEX 2 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Telephone 228 -6800 ext. 230 March 1, 1988 RE: Building Permit Your application for a dwelling on 16 Pilgrim Road, Nantucket, Ma. was approved last October 30, 1987. This permit was approved within the three year period as stated in Section 139 -33 C. The structure was made unhabitable and unused on February 4, 1985 at 4.56am according to Fire Department records. This office mailed letters to the Trust on December 9, 1987 to remind you that the Building Permit was ready and the expiration date was approaching, but the permit was never activated by your trust as it was never picked up and paid for therefore, a number and date was never given out for this permit. Since the February 4, 1988 date has past you no longer qualify for the 3 year exemption of 139 -33 C. This office has no choice but to deny the Building Permit for the above reasons. Sincerely, 1 {/ i RJS/nam Ronald J. Santos Building Commissioner c.c. Arthur Reade