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Home My WebLink About065-884 r 5 r TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 July 2 g, 1988 Re: Decision in the Application of WILLIAM WILLET (065 -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 D E C I S I O N The Board of Appeals at a public meeting held on Friday, July 8, 1988, at 1:30 P.M. in the Town and County Building, Nantucket, Massachusetts, made the following decision upon the application. of WILLIAM WILLET (G10S -88), address 4 Monomoy Creek Road. 1. Applicant sought a VARIANCE pursuant to 139 -32A from the front yard setback requirement of 139 -16A of the Nantucket Zoning By -law as it applies to Monomoy Creek Road. The relief sought would allow the construction of a new, two - bedroom single- family dwelling, having a ground coverage of approximately 600 square feet that would be ten (10) feet from Monomoy Creek Road at its closest point. 2. The locus is presently vacant land situated at 6 Monomoy Creek Road, Nantucket. It is shown as Assessor's Parcel 148 on Map 54 and is shown on a plan drawn by Nantucket Surveyors, Inc., dated April 25 , 1988, and recorded as Plan File 30 -J in the Nantucket Registry of Deeds. The locus contains approxi- mately 56,900 square feet of land and is zoned LUG -1. The front yard setback requirement for this zone is 35 feet. 3. Our findings are based upon the application papers, plans accompany- ing the application, plans, copies and prints, including a Superceding Order of Conditions SE 48 -422. 4. In support of Applicant's request for VARIANCE under 139 -32 we find, as follows: Owing to circumstances relating to soil conditions, shape, topography of the land, but not affecting generally the zoning district, a strict application, or enforcement of the front yard setback requirements to Monomoy Creek Road will work a substantial hardship, financial or otherwise on Applicant. As shown on the topographic plan submitted with the application and explained at the hearing, a substantial portion of the lot is not suitable for building because of wetlands. Indeed, Counsel for the Applicant represented that the lot is a separate buildable "lot of record" and that the only possible building site is in the northwestern most corner of the property. Applicant's surveyor, however, indicated at the hearing that the buildable portion of the lot is completely within the 35 feet front yard. A strict application of this zoning requirement would presumably render the lot unbuildable. Monomoy Creek Road is an approximately ten feet (10') wide dirt road running within a layout of variable width. In the area in front of the proposed dwelling, the layout is shown as having a width of approximately sixty -five (65') feet. The actual travelled surface appears to be approximately ten feet (10') within the layout, further north from the locus' front lot line. 5. Granting relief hereby will not derogate from the Zoning By -law's intent and purpose and will not cause detriment to the public good. The site for the proposed dwelling has already been approved by the Department of Environmental Quality Engineering. Moreover, the proposed ten (10') Beet :setback from Monomoy Creek Road is not inconsistent with the existing conditions of the two (2) neighboring properties to the east. The concerns of one neighbor_ were raised by counsel present as to the possible obstruction of her right -of -way over Monomoy Creek Road during construction of the septic leaching facility. It was explained, however, that to the extent that there would be work in the road, its magnitude and duration would be minimal. 6. THEREFORE, upon a motion duly made and seconded, this BOARD voted UNANIMOUSLY to grant Applicant relief by VARIANCE, without condition, to reduce the front yard setback requirement from Monomoy Creek Road to allow the placement or constriction of a two (2) bedroom, single - family dwelling -2- structure, having a ground cover of approximately six hundred square feet (600 SF), which will be ten feet (10') from Monomoy Creek Road at its closest point. Dated: July � C 1988 WILLIAM R. SHERMAN, Chairman ANN BALAS PET R DOOLEY YA, -3- C. MARS LL BEALE MICHAEL O'MARA PET R DOOLEY YA, -3- NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JULY 8, 1988 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli- cation of WILLIAM WILLET (065 -88) seeking a VARIANCE from the 30 -foot front -yard setback requirement of SECTION 139 -16A to allow DEQE- approved siting of a 600 SF ground cover, 2- bedroom, single - family dwelling with 10 -foot setback from the road. The premises are at 6 MONOMOY CREEK ROAD, Assessor's Parcel 54 -148, Plan File 30J, zoned LIMITED USE GENERAL -1; shown as owned in common with Parcel 54 -147 at 4 Monomoy Creek Road. L nda F. Williams, Secretary BOARD OF APPEALS �� 2Z4 BOA' Form1 1 -87 ARPEZCATION'; NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") owner's name(s): William Willet Mailing address: Monomoy Road, Nantucket, MA 02554 •AOlicant's name : Same ..Mailing address: "Location of lot(s): Assessor's map and parcel: Map 54 Parcel 148 Street address Monomoy Creek Road Registry PL FL 301 Lot Deed ref . 267/316 Subdivision Endorsed 5 /23 / 88 ANR? Yes Date lot(s) acquired: 2 / 5 / 87 Zoning district LUG 1 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: Application dated May 26, 1988 to be withdrawn 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 relief by VARIANCE pursuant to 139 -32A to reduce the 35' front yard setback requirement of Section 139 -16 so as to allow the applicant to construct a 2- bedroom single - family dwelling with a proposed 10' front yard setback from the street at its closest point. The proposed dwelling will cover approximately 600 S.F. The topography and soil conditions on the lot prevent strict compliance with the setback requirements. The proposed site has received approval by the D E Q E Enclosures forming part of this Application: Supplement to above Site /blot plan(s) x with present /proposed structures x Locus map x Floor plans resent /proposed Appeal:.record' -'See Schedule A attached hereto Needed: areas frontage setbacks GCR% parking data Assessor's certified addressee list (4 sets)-)' x . Mailing •labels) .(2"sets ) }x 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 t best m k wledge..under pains and penalties ".of perjury Signature: Applicant Attorney /agent x (If not owne , show sis for authority -to,�appjy--:)'. SCHEDULE A RE: Board of Appeals Application /William Willet REQUIRED AREA: 40,000 FRONTAGE: 100 SETBACKS: Front: 35 Side: 10 Side: 10 PARKING: 1 GROUND COVER: 7% (3983 S.F.) Ak ACTUAL 56,900 100 10 31 160 1 1.1% (600 S.F.)