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Home My WebLink About075-88n -7 S - (sp,:? NANTUCKET ZONING HOARD OF APPEALS MANTUCKZT, KASSWRUSETTS 02554 August 30, 1988 File NO. ( 0�� -W) To: Parties in interest and others Re: Decision in the Application of Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decisionf maybe 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. cc: Building Comaissioner Planning Board Town Clerk William R. Sherman, Chairman BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 At a public hearing on Friday, August 5, 1988, at 12:30 p.m. in the Town and County Building, Nantucket, on the Application (075 -88) of BRIAN E. DONOVAN having an address at 44 Calvin Street, Braintree, MA 02184, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicant seeks a Variance from zoning Bylaw Section 139 -16C to validate the siting of his new single - family dwelling with less than 0.25 -foot intrusion into the required 10 -foot rear -yard setback. The premises are located at 165 Nichols Road, Tom Nevers subdivision, Assessor's Parcel 92.4 -195, Land Court Plan 5004 -D, Lot 165, zoned Limited Use General -3. 2. Our findings are based upon the Application papers including surveyor's 7/7/88 plan of land showing building setbacks, and 2/1/88 floor and elevation plans of the building and representations and testimony received at our hearing. 3. We are told that the foundation for the house was carefully sited in accordance with Building Permit plan because the undersized 5000 SF lot allowed very little latitude for error. Despite what Were believed to be exact measurements, wooden portions""of' the structure, added after framing, were found to extend too far beyond the foundation to remain outside the required rear lot -line setback. The encroachment is, however, minimal. Originally, Applicant also constructed a second -floor deck which extended about 7 feet into the easterly side -yard setback, but that structure has been entirely removed and the associated second -story french doors changed to usual fenestration. Relief sought here is, therefore, strictly limited to the small rear -yard intrusion. Applicant believes the house conforms with limitations as to ground cover ratio, 3% in LUG -3 unless larger due to 'grandfathering'. Minimum LUG -3 lot size is 120,000 SF. 4. To remove the few inches of wooden structure intruding into the rear -yard setback would clearly be a financial and personal hardship to Applicant. Where, as here, the intrusion is so minimal, the courts have not required the strict findings as to uniqueness of the circumstances occasioning the hardship as is usual for variance grants. Our only misgiving here is that intervention by neighbors proved necessary for Applicant to undertake rectification of the intrusions. 5. The Planning Board's recommendation was favorable, and no opposition was heard. 6. Accordingly, this Board, by unanimous vote, grants to Applicant the requested variance from the rear lot -line setback requirement of Section 139 -16C to validate the siting of the existing single - family dwelling (excluding second -floor deck). Dated August 3O, 1988 Willis R. Sherman ` r- 0• 7 el J. 'Mar 'a C Dale D. Waine NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, AUGUST 5, 1988 atia.:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli- cation of BRIAN E. DONOVAN (075 -88) seeking a VARIANCE from the 10 -foot rear lot line setback required by SECTION 139 -16C to validate erroneous siting of a new single- family dwelling encroaching about 0.25 feet into the setback of their undersized 5000 SF lot. The premises are located at 165 NICHOLS ROAD, TOM NEVERS, Land Court Plan 5004 -D, Lot 165, Assessor's Parcel 92.4 -195, zoned LIMITED USE GENERAL -3. William R. Sherman, Chairman,;klrc BOARD OF APPEALS BOA Forn, 1 -87 No. j� - X APPLICATION NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's iiame(s)• Brian E. Donovan Mailing :address: 44 Calvin Street, Braintree, MA 02184 Applicant's name ; Same Mailing E.ddress. Same Location of lot(s): Assessor's map and parcel: 92.4, 195 Stree. address 165 Nichols Road, Tom Nevers Registry LC PL, PL BK & PG, PL FL 5004 -D Lot 165 Deed ref. C L0 Subdivision Tom Nevers Endorsed _ /_ /_ ANR? Date lot(s) acquired: 3_1& / W Zoning district LUG -3 Number of dwelling units on lot(s): 1 Rental guest rooms 0 Commercial use on lot(s): None MCD? Building date(s): all pre -'72 zoning? or September - 1987 to present Building permit application Nos. and dates 10/1/87 5650 -87 C of 0? No 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 Variarc.e, -3OA if Special Permit, -33A if to alter or extend non- conforming use, or to reverse Building Inspector by,Appeal per -31A & B: To errant a variance from the requirements of Nantucket Zoning By -Law, Section 139- 160.relative to rear line set back of 10 feet of a lot of record in zoning District LUG -3. The foundation was sited according to plan, and set back the required 10 feet (see plan). The wood placed on the structure protudes approx- imately .20 feet into set back. House was sited exactly according to plan sine( lot was small and it was believed that measurements were needed to be exact. Current structure siting, as it encroaches less than .25 of a foot, needs to be validated by the variance. Enclosures forming part of this Application: Supplement to above Site /plot plan(s) X with present /proposed structures as surveyed Locus map X Floor plans present /proposed Appeal,record Needed: areas5,000 frontage 35'setbacks 10, GCR% parking data Assessor's certified addressee list (4 Sets) Mailing labels, (2,s.ets) _ Fee check for $150.00 payable to Town of Nantucket ''Cap" covenant I certify that the requested information submitted is substantially complete and true he be of my knowledge, under pains and penalties of perjury. Signatur(:: Applicant X Attorney /agent (If not owner, show basis for authority- to-�appl - -:) FOR OFFICE USE I EDWARD FOLEY VAUGHAN KEVIN F PALE MELISSA D. PHILBRICK RACHEL C. HOBART VAUGHAN, DALE AND PHILBRICK ATTORNEYS AT LAW WHALERS LANE NANTUCKET, MASS 02554 (617) 228-4450 September 19, 1988 To: Town Clerk of the Town of Nantucket NOTICE OF APPEAL You are hereby given notice pursuant to M.G.L. c. 40A, Section 17 that a complaint has this day been filed with the Superior Court for Nantucket County with respect to the decision of the Board of Appeals in Case No. 76 -88, a copy of which complaint is attached. /IAA%