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Re: Decision
i
CKET
PEALS
SETTS 02554
1988
PAUL B. BIXBY (041 -88) and (046 -88) 0-01',?-E-C-QED 'DEOIS10/3
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.
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
29, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made
the following decision upon the Applicaton<of 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 5 feet. Applicant 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
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 jointly
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.
(041 -88 and 046 -88)
-2-
5. On or about 4/3/84 Lot 21 was transferred into Applicant's sole
ownership separate from adjacent Lot 20 immediately to the south which he owned
jointly with Jacqueline Bixby. Lot 20 was apparently 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 buildable. 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 refief granted
here is conditioned on that representation having a proper legal foundation. We
do not have the basis in this record to find Lot 21 to be lawfully buildable.
7. If Lot 21 remains lawfully buildable under the Section 139 -33E
zoning protection, the required front yard setbacks remain 10 feet. However,
allowable ground cover ratio ( "GCR ") is dropped from 30% to 12.57 of the actual
5694 SF lot size, limiting ground cover to 712 SF. The GCR relief sought in
046 -88 is accordingly needed if Applicant is to have the legal right to build
the 24 x 36 -foot, 1# story house with the approximately 10' x 10' ell totalling
approximately 1,000 SF 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 lot line setback, we require at
least a 15 -foot setback from the northerly street line. In summary, we condition
ground cover relief on the following setbacks:
- 30 feet from the westerly street line
- 10 feet from the northerly street line
- 10 feet from each of easterly and southerly lot lines.
(041 -88 and 046 -88)
-3-
9. Ordinarily, Applicant would not be entitled to variance relief as to
ground cover ratio for lack of any hardship arising from circumstances of soil
condition, shape or topography of the lot. If, however, 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 narrower limits noted above. The abut-
ting Lot 20 is of almost identical size as Lot 21 and has a house, we are told,
comparably larger than 712 SF. Applicant's original proposal requested up to
1500 SF ground cover. The front 10 x 10 -foot ell shown on Exhibit "A" for the
proposed dwelling is allowed, being consistent with the basis on which we are
prepared to grant relief because the Applicant has agreed to accept the design
condition that the dwelling in substantial conformance with the 1j story dwelling
presented and stated above.
10. Also the westerly shed- portion of the proposed dwelling is tG remain
single story, not 1j story to which the remainder of the 24' x 36' dwelling is
limited. With these conditions, we are able to find that the GCR variance relief
can be granted without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purposes of the Zoning
By -Law.
11. Accordingly, by UNANIMOUS vote this Board GRANTS to Applicant the
requested VARIANCE from the 12.5% ground cover ratio under SECTION 139 -16A to
construct the approximately 1000 SF dwelling substantially per Exhibit "A ", sub-
ject to the above -noted conditions and denying all other relief requested.
"r
tfay 17 1988
Nantucket, MA 02554
William R. Sherman
i
lu ' �.
C. Mars all Beale
J
•
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
May 0 , 1988
Re: Decision in the Application of
PAUL B. BIXBY (041 -88) and (046 -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
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, APRIL
29, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made
the following decision upon the Applicatonfof 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 5 feet. Applicant 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
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(jointly
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.
• (041 -88 and 046 -88) -2-
5. On or about 4/3/84, Lot 21 was transferred into Applicant's
sole ownership separate from adjacent Lot 20 immediately to the south
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 buildable.
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 record 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
relief sought in 046 -88 is accordingly needed if Applicant is to have
the legal right to build the 24 x 36 -foot, 1 1/2 story house with 864 SF,
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 lea -Qt
10 feet from -he 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
lotllPl_ setback, we require at least a 15 -foot setback from the northerly
(041 -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
as to ground cover ratio for lack of any hardship arising from circum-
stances of soil condition, shape or topography of the lot. If, however,
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
narrower limits noted above. The abutting Lot 20 is of almost identical
size as Lot 21 and has a house, we are told, comparably larger than 712
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
ell is not allowed and the westerly shed - portion of the proposed dwelling
is to remain single story, not 1 1/2 story to which the remainder of the
24' x 36' dwelling is limited. With these conditions, we are able to
find that the GCR variance relief can be granted without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent or purposes of the Zoning By -Law.
11. Accordingly, by UNANIMOUS vote this Board GRANTS to Applicant
the requested VARIANCE from 12.5% ground cover ratio under SECTION 139 -16A
to construct the 24 x 36 -foot dwelling substantially per Exhibit "A ",
subject to the above -noted conditions and denying all other relief
re uested.
9
Dated: May 1 1988 /
Nantucket, MA 02554
William R. Sherman
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held
on FRIDAY, APRIL 29, 1988 at 1:30 p.m. in the TOWN AND COUNTY
BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli-
cation of PAUL B. BIXBY (046 -88) seeking a VARIANCE from the
12.5% ground cover ratio limitation of SECTION 139 -16A to
allow construction of a single - family dwelling plus unspeci-
fied accessory structures with total ground cover not more
than 1500 SF on a 5694 SF lot. Applicant reserves any rights
(e.g., as to ground cover) which may be found if this is a
"lot of record ". The premises are at 15 SCONSET AVENUE,
SIASCONSET, Assessor's Parcel 49.3.2 -006, Plan Book 21, Page
110, Lot 21, zoned RESIDENTIAL -2. See companion Application
041 -88.
W%1112 R. Sherman, Chairman
BOARD OF APPEALS
BOA Farm 1 -87 No ;(
AAPEICAIION7
NANTUCKET ZONING BOARD OF APPEALS ( "BOA ")
Owner's name(s): Paul B. Bixb
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 $CLXM�X PL BK & PG, MM 21/110 Lot 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 byyAppeal 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