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Home My WebLink About041-88Re: Decisio, 7[��D (--) LLP- PAUL B'. BIXBY (041 -88) and (046 -88) oC41- gs' JCKET 'PEALS TSETTS .02554 .1988 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 shade pursuant to Section 17 of Chapter 40A of the General Laws , and swa-711 Be filed within twenty (20) days after this date. %4 William R. Sherman, Chairman BOARD OF APPEALS cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554, DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, APRIL T and Count Building, Nantucket, made 29, 1988 at 1:30 p. m. in the own y the following decision upon the Applicatontof PAUL B. BIXBY (041 -88) and (046 -88) address Box 67, Siasconset, MA 02564. 1. Applicant originally sought (in 041 -88) a VARIANCE from the 30 -foot front -yard R -2 setback required by Zoning By -Law SECTION 139 -16A to allow construction of a single - family dwelling not less than approxi- mately 15 feet from Sconset Avenue to the north. Alternatively, if such relief were not granted (or additionally), Applicant sought a SPECIAL PERMIT pursuant to SECTION 139 -16C to reduce the required 10 -foot set- back from the southerly interior lot line to just eet. pp scant now also seeks (in 046 -88) a VARIANCE from the 12.5% ground cover ratio limitation of SECTION 139 -16A for such dwelling to have a ground cover up to 1500 SF on the 5,694 SF lot. 2. The premises are located at 15 Sconset Avenue on the SE corner where the north -south branch terminates in the east -west portion of Sconset Avenue. Assessor's Parcel is 49.3.2 -006, Plan Book 21, Page 110, Lot 21, zoned RESIDENTIAL -2. 3. Our findings are based on the two sets of Application papers, viewing, and correspondence, plus plans, representations and testimony received at our hearings of 3/28/88 (on 041 -88 alone) and 4/29/88 (on li- 041 and 046 -88, consolidated). Consolidation was with the assent of Appli- cant's counsel. 4. We find that Applicant's Lot 2 was created approval- not - required ( "ANR ") by Planning Board endorsement 5/24/82 of Applicant's plan ('ointl y with Jacquelyn Bixby). At that date, the area was zoned Residential -1 with 5000 SF minimum lot size, 50 -foot frontage, 10 -foot front -yard and 5 -foot side -yard setbacks. The lot was then buildable. h i and 046 -88) -2- I 21 was transfe 5. On or about 4/3/84, Lot into Applicant's ,le ownership separate from adjacent Lot 20 immediately to the souarent- which he owned jointly with Jacqueline Bixby. Lot 20 was apparent- ly transferred 5/3/85 to Dorothy Maketa, the present southerly abutter. Her house is about 10 feet south of the line separating her lot from Applicant's. In any event, Lot 21 is not a "lot of record" for purposes of Section 139 -16A. 6. Applicant has not made of record the exact date when Lots 21 and 20 were upzoned to R -2. If upzoned prior to being transferred into separate ownership, Lots 21 and 20 would not each be lawfully Grandfathering Section 139 -33E only protects unimproved lots not held in common ownership at the time of the more restrictive R -2 zoning. We proceed here on the basis of Applicant's representation that Lot 21 is buildable. Validity of relief granted here is conditioned on that repre- sentation having a proper legal foundation. We do not have the basis in this reword to--find Lot 21 to be lawfully buildable. 7, If Lot 21 remains lawfully buildabld under the Section 139 =33E zoning protection, the required front yard setbacks remain 10 feet. How- ever, allowable ground cover ratio ( "GCR ") is dropped from 30% to 12.5% of the actual 5694 SF lot size, limiting ground cover to 712 SF. The GCR needed if Applicant is to have relief sought in 046 -88 is accordingly house with 864 SF, the legal right to build the 24 x 36 -foot, 1 1/2 story as proposed at the conclusion of the 4/29/88 hearing. 8. In view of the proximity of the Maketa house to the south, the proposed 24 x 36 -foot single - family dwelling shall be set back at least 10 feet from�the southerly lot line. The 30 -foot front -yard setback from the westerly street line and 10 -feet from the easterly lot line are also required. To allow the 24 -foot width of the dwelling to be accommodated in the 44 feet of lot depth remaining after allowing 10 feet for the south lotllTlr- setback, we require at least a 15 -foot setback from the northerly rxAft 6/y,- 0`41 -88 and 046 -88) -3 street line. In summary, we condition ground cover relief on the following setbacks: - 30 feet from the westerly street line - 15 feet from the northerly street line - 10 feet from each of easterly and southerly lot lines. 9. Ordinarily, Applicant would not be entitled to variance relief hardship arising from circum- as to ground cover ratio for lack of any of the lot. If, however, stances of soil condition, shape or topography Applicant's lot is buildable, it would be in better harmony with the neighborhood if larger than the permitted 712 SF and sited within the Lot 20 is of almost identical narrower limits noted above. The abutting larger than 712 size as Lot 21 and has a house, we are told, comparably SF. Applicant's original proposal of up to 1500 SF ground cover, however, rightly met strong neighborhood opposition. The front 10 x 10 -foot ell shown on Exhibit "A" for the proposed dwelling is not allowed, being inconsistent with the basis on which we are prepared to grant relief. 10. We have marked Exhibit "A" to show that the 10 x 10 -foot front shed - portion of the proposed dwelling ell is not allowed and the westerly to which the remainder of the is to remain single story, not 1 1/2 story 24' x 36' dwelling is limited. With these conditions, we are able to find that the GCR variance relief can be granted without substantial or substantially detriment to the public good and without nullifying B Law. derogating from the intent or purposes of the Zoning y- 11. Accordingly, by UNANIMOUS vote this Board GRANTS to Applicant under SECTION 139 -16A the requested VARIANCE from 12.5% ground cover ratio substantially per Exhibit "A ", to construct the 24 x 36 -foot dwelling all other relief subject to the above -noted conditions and denying re uested . I Dated: Play � j 1988 � �i, .,� -_�- < < (�• Nantucket MA 02554 William R. Sherman - ,�,�.P >BOA For: 1 -87 No; - ARPEiCATTON7 NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") pwner's name(s): Paul- B. Br Vb Mailing "address: P. 0 ' Box 67,` Siasconset-, MA "02564 plicant's name same`�> Mailin 'address: 'Location of lot(s): Assessor.'s map ;and parcel:••`mat 49:3.2 Parcel 006• £1 :Street address 15 Sconset Avenue ,�r t =:Reg3;stry BXX R PL BK & "PGA YZXFU''21 /110 Lot :.:21 Deed ref. 212/308 ry §��4l.h_ t ' �%;Subdivi,sion f r •" . Endorsed 5 /24 /82 ANR? yes V- ";till"• ri7 � - _ �..� - -- Date Lots) 'acquired;'.: ac uired r. =K. r, q 4103/ 84 Zoning district R -2 Number. of dwelling; units, on'.. lot( s): o Rental guest rooms Q Commercial use on lot(s): s N on 61 - MCD? No ilding date(s): all pre ,,72 zon rig ;v, None or ..,"'Building* permit a licat on. Nos: and,`.dates `N[A• C of 0? g P PP N/A Cash No(s)..or dates all prBOA applications None _tate.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 riance, 30A if Special Permit,:` -33A if to alter or extend non- conforming use, or to reverse Building Inspector' ,b}�yAppeal per -.31A & B: Applicant seeks relief"`by. VARIANCE pursuant`,to 13.9 -32A to: reduce the frontyard and frontyard setback requirements • of'Section 139- o. 16,sas to allow Applicant to construct a single- family dwelling not to exceed 1,500 S.F. of ground cover a portion of which will�be apps x mately- i'Sx`f I' "' `��°' , �- ee m conset� A�reh�ie�te�th" e�-nor- tli •�iiiad..,2.5+- £eer;•::frpm -a £;r private way to they east' and 30' feet from Sconset Avenue`to the west. If relief is not xt eranted, present`appl cation of' the zoning by -law limits Applicant tb construction a14 feet wide house. Additionally and /or.•in; -the alternative, a special permit pursuant to _MY, to' reduce the rear or side lot ••s'etback`s- distance from, 'ten feet "?-(10') to five (5') feet. BOA Fo; m 1 -87 APPEICAIION7 NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner' s name(s): Paul B. Bixby Mailing address: P. 0. Box 67, Siasconset, MA 02564 Applicant's name same Mailing address: Location of lot(s): Assessor's map and parcel: Map 49.3.2 Parcel 006 Street address 15 Sconset Avenue Registry MCAJ,;X PL BK & PG, MBRM 21/110 Lot 21 Deed ref . 212/308 Subdivision Endorsed 5/24/82 ANR? yes Date lot(s) acquired: 4A3 / 84 Zoning district R -2 Number of dwelling units on lot(s): 0 Rental guest rooms 0 Commercial use on lot(s): None MCD? No Building date(s): all pre -'72 zoning? None or Building permit application-Nos. and dates N/A C of 0? N/A Case No(s). or dates all prior BOA applications: 041 -88 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 by'y,Appeal per -31A & B: Applicant seeks a VARIANCE, if necessary, pursuant to 139 -32A for relief from the existing ground cover requirements of 139 -16 If granted, Applicant will be allowed to construct a single - family dwelling (with accessory structures) having an aggregate ground cover of not more than 1500 S.F. on a lot having 5,694 S F Applicant reserves __ all rights, if any, afforded this lot as a "lot of record," notwithstanding this request NnTTrF A Public Hearing of the Board of Appeals will be held onr)^VA- -�S, March, 1988, at 1:30 p.m. in the Town and County Building, Federal and Broad Streets, Nantucket on the Application of Paul B. Bixby (p qj -88) seeking a VARIANCE from the frontyard and frontyard setback requirements of Section 1339 -16 to allow the construction of a single - family dwelling which will be setback approximately, as follows: 30 feet from Sconset Avenue to the West, 15 feet from Sconset Avenue to the North and 25 feet from the private hay to the east of the proposed structure. Additionally, and /or in the alternative, Applicant seeks a special permit to reduce the side or rear line setback to the south of the proposed structure from 10 feet to 5 feet pursuant to 139 -16C and 139 -30A. The premises (Lot 21 on PLB. 21, Pg. 110) is at 15 Sconset Avenue, Assessor's Parcel 49.3.2 -006 zoned Residential -2. AVt,aO C7," 7 Ac {µy BOA Form 1 -87 CIS"fi. No:i- Ryf NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") i Tier. s name(s): Paui B Bixbtr r. r�. g address: y _ P 0 "`Box �7 Siascoriset; P•mk 02564 plicant's name iling'address: cation of lot(s): > Assessor's " map and parcel: Map 49.3.2 Parcel 006, `reet addresse �.., 1�'Scoriset" Ave .St nue ' - Registry LVJTX4 PL . BK & ' PG, PT;XM 21/110 Lot .21 Deed tef . 212/308 Subdivision >° Endorsed 5 /24 /_82ANR? yes to tots) acquired: _4/ 03/ =84 Zoning .district R -2 Member: of :dwelling units: on 'lot(s): ,. A Rental guest rooms Q lam- . .•', _ ` .. ., ,. 1, n.. mmercial .use on lot (s) : None MCD? No ilding date(s): al•l pre -.! 72 ':zoning ?r None or ;�Building permit application Nos. and,'dates N[A. C of 0? N/A se No(s). .or dates' all':,' prior; BOA applications: None ate 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 M ��yariance, 30A if" Special' Permit,:,-33A if to alter or extend non- conforming `, .,'use, or to reverse Building Inspector -byyAppeal per -31A & B: Applicant seeks relief"by'VARIANCE pursuant to 139 -32A to' reduce the frontyard and frontyard setback requirements`of'Section 139 -16 so as to allow-Applicant to construct a single- family dwelling not to exceed 1,500 S.F. of ground cover a portion of which will be approx mmately" S``feeZ` fY nset Avenue to they ortii' =x ..25- £eet•: frpm -a_ private way to the east and 30 feet from Sconset Avenue to the west. If relief is not Granted, present application o` f the zoning by- law 'limits Applicant tb construction of a14 feet wide house. ;stir" Additionally and /or:inthe alternative, a special permit pursuant to - rw to'reduce the rear or side,lot setback distance from 'ten feet''(10') to five (5') feet. Enclosures forming part'of this Application: Supplement bo -above k�rSite /plot plan(s) with"present /proposed structures locus map x' Floor plans present /pr:oposed Appeal:.record' :Needed: areas o.13Afrontage 75 setbacks 30/10 GCR% 1500 parking dgta rAssessor's certified addressee list .0 sets).: ; Ma,il.ing' labeis)..�2.'�sets),;,X 'Fee check for $150.00, payable` to-Town :`'of Nantucket x {'.Cap" covenant r _ j; Z certify "that the requested information submitted`is substantially-complete Wand truaA,howl�' s kn ledge; ..under pains * and 'penalties 4.of per jur�-j Wan %` Applicant Attorney /Agent x .- If `not own a s for authority tb ^appi}r;: )' of IV �X&A. \ i:'_ /r 1. 0• :� 0..�. \, Y ..... ;i1i..a<.i} .6 e..:..�.ItisVJI ." .`�s:�t�E�' � of IV