HomeMy WebLinkAbout098-88, TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Re: Decision in the Application of
Enclosed is a notice of the Decision of the BOARD OF APPEAL'S
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
� r
William R. Sherman, Chairman
BOARD OF APPEALS
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS
nVOT C TnTT.
The BOARD OF APPEALS, at a public hearing held on Friday,
November 18, 1988, at 1:00 P.M., at the Town and County Building,
Broad Street, Nantucket, made the following Decision upon the
Application of JEANNE KLESMER, formerly known as JEANNE KOFKIN,
Owner and AUSTIN J. SPINELLA, JR., Applicant (098 -88).
1. Applicant requests a SPECIAL PERMIT under, or in the
alternative, a VARIANCE from, the requirements of Nantucket Zoning
By -law Section 139 -16.0 (Intensi.ty Regulations -Side yard setback)
to validate the si.ti.ng of the existing single- family dwelling
upon the premises. Applicant also requests relief, by MODIFICATION
or otherwise, from the conditions imposed by the Board in its
decision in Case No. 17/76, restricting the premises to one
single- family dwelling, to enable Applicant to construct a
secondary dwelling upon the premises. The premises are located
at 7 TROTTERS LANE (Assessor's Parcel 67 -280), Lot 1, Plan Book
19, Page 104, and are zoned as RESIDENTIAL -10.
2. The Board's findings are based upon the application
papers, including the plan recorded with Nantucket Deeds in Plan
Book 19, Page 104 (the "ANR Plan ") , and a plot plan, a copy of
which is attached hereto as Exhibit. A (the "Plot Plan ") , materials
in Case Nos. 17/76, 16/86, and 47/86, viewings, and testimony
and representations received at public hearings on October 14,
1988 and November 18, 1988.
3. The premises are trapezoidal in shape, contain about
11,209 square feet, and have 1.05.11 feet of frontage on Trotters
Lane. The existing single - family dwelling located upon the
premises, as shown on the Plot Plan, has a side yard setback
from the southeasterly boundary line of the premises of about
4.2 feet at its closest point to that boundary line and complies
with all other dimensional requirements of the By -law or i.s
effect.i.vely exempted from them. Because the existing single- family
dwelling has a side yard setback of less than 5 feet, relief by
special permit is not available. The portable trash shed shown
on the Plot Plan intrudes further_ upon the side yard setback,
and Applicant shall relocate i.t upon the premises in a manner
such that relief as to i.t i.s not necessary.
4. The ANR Plan which created the premises was endorsed as
approval -not- required by the Nantucket Planning Board on December
20, 1976 and was recorded with Nantucket Deeds in Plan Book 19,
Page 104. At that time, the premises were located in a Residentia l -2
Zoning district, which has a required minimum lot area of 20,000
square feet, and the required side yard setback in all zones was
3 feet. In Case No. 17/76, the Board granted a variance, the
effect of which was to allow the creation of the premises,
cont.ai.ning only about 11,209 square feet, less than the required
20,000 square feet, and abutting 2 ( "Lot. 2 "), not at i.ssue here,
as shown on the ANR Plan. The Board granted this variance upon
the express condition that a secondary dwelling could not be
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constructed upon either the premises or Lot. 2. At the April
1977 Town Meeting, the premises, as well as surrounding lands,
were rezoned as Residential -10. The minimum lot area i.n this
zone i.s 10,000 square feet; the premises conform to this
requirement; and the need for the variance granted in Case No.
17/76 was thereby obviated.
5. In 1979, at a time when the premises continued to be
held in common ownership with Lot 2, the required side yard
setback in a Residential -10 zoning district was increased from 3
to 10 feet, and the Board was empowered to reduce the required
setback from 10 to 5 feet by special permit. Because the
single - family dwelling existing upon the premises had a side
yard setback of only about 4.2 feet from i.ts southeasterly boundary,
the boundary with Lot 2, and (2,k6eprt -t? at the premises were he l d i n
common ownership with Lot 2, the premises became nonconforming
as to side yard setback. In 1984, the premises were conveyed
out of common ownership with Lot 2 to Owner.
6. In Case No. 16/86, the Board granted relief, by
modifi.cati.on, as to Lot 2 only, which relief removed any condition
or restriction against construction of a secondary dwellingimposed
by the Board in Case No. 17/76.
7. In Case No. 47/86, the Board granted a variance to
Owner to allow construction of a secondary dwelling upon the
premises, which secondary dwelling would have slightly less than
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the required 20o more ground cover than that. of the existing
single- family dwelling but would not exceed the permitted ground
cover ratio of the Residential 10 zoning district. Owner did
not act upon this variance within one (1) year from its grant
and, consequently, cannot take advantage of the relief granted.
8. As to the requested Modification of the Board's decision
in Case No. 17/76, this Board finds that continuance of the
restriction against construction of a secondary dwelling would
not be in furtherance of the intent or pupose of the Nantucket
Zoning By -law nor of the public good, particularly in light of
the similar relief granted by the Board as to Lot 2. As to the
requested variance from Section 139 -16.0 of the By -law to validate
the siting of the existing single- family dwelling located upon
the premises, this Board finds that the limited relief requested
is in harmony with the general purposes of the By -law, does not
substantially nullify, or derogate from, the By -law, and is
without substantial detriment to the public good. This Board
further finds the requisite hardship and special topography in
the trapezoidal lot.
9. The recommendation of the Nantucket Planning Board on
this application was favorable. Concerns were raised by only
one abutter which this Board believes are fairly met in the
framing of the limited relief granted.
10. Accordingly, this Board, by UNANIMOUS vote, hereby
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grants the requested relief by MODIFICATION of the variance
granted in Case 17/76 to remove any condition or restriction and
by VARIANCE to validate the siting of the existing single- family
dwelling, expressly upon the following terms and conditions:
(a) Any secondary dwelling constructed upon the premises
shall have at least 200 less ground cover than that of the
existing single- family dwelling and shall conform with all other
requirements of the By -law including setbacks, ground cover, and
Planning Board approval;
(b) Any secondary dwelling constructed upon the premises
shall be limited to a height of lz stories, except to the extent
that an apartment over a garage shall be permitted; and
(c) The portable trash she d shown upon the Plot Plan
shall be relocated in such a fashion that it does not intrude
upon any setback areas.
Dated: QWember c2- , 1988
William R. Sherman
C. Marshall Beale
�6^' l C'L C-iz ",
Ann G. Balas
.R t J. Leichter
Dale W. Waine
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NANTUCKET ZONING
BOARS PF APPEALS
NANTUCKET# MASSACHUSETTS 02554
September 29, 1988
NOTICE
A public hearing of the Board of Appeals will be held
on Friday, October 14, 1988, at ;-:30 p.m. in the Town
and County Building, Nantucket, on the Application of:
AUSTIN J. SPINELLA, JR., for himself and JEANNE KLESMER
(formerly Jeanne E. Kofkin), OWNER,
Board of Appeals File No. 075L88
seeking a Special Permit or a Variance to validate the
approximately 5 -foot side lot -line setback of an existing
single - family residence where Section 139 -16C requires a
10' setback from this northwesterly lot line; also
relief, by modification or otherwise of prior Variance
017 -76, from the restriction of this Lot 1 to only one
single- family residence. Similar relief was granted as to
abutting Lot 2 in our case 016 -86 and these Lots are now
zoned Residential -2. Applicant desires to construct a
secondary dwelling. See also 012 -76 and 047 -86.
The premises are at 7 TROTTERS LANE, Assessor's Parcel
67 -280, Plan Book 19, Page 104, Lot 1.
William R. Sherman, Chairman
110A Form 1 -87 No..-
ARPL'LCATION'
NANTUCKET ZONING BOARD OF APPEALS ( "BOA ")
Owner's name(s): Jeanne Klesmer, formerly known as Jeanne Koflkin
Mailing address: c/o Reade & Alger Professional Corporation. P_
Applicant's name Austin 02584
SFIIIEIL Tr
Mailing address: SAMP ag aho-
Location of lot(s): Assessor's map and parcel: Map 67, Parcel 280
Street address 7 Trotters Lane, Nantucket
Registry te-PL, PL BK & PC, Pt—rE 19/104 Lot _1 Deed ref. 214/57
Subdivision Planning Board File No. 1639 Endorsed 12 /20 /76 ANR? Yes
Date lot(s) acquired: 5 /15/ 84 Zoning district R -10
Number of dwelling units on lot(s): one Rental guest Looms No
Commercial use on lot(s): No MCD? No
141ilding date(s): all pre -'72 zoning? or Yes as to single- family dwelling
Building permit application- Nos. and dates 4264/85 (shed) C of 0? No
Case No(s). or dates all prior BOA applications: 12/76 17/76, 47/86
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;Appeal per -31A & B:
Applicants sqek a special permit under or in the alternative a variance from, Section 139 -1.6.0
(Intensity_ Regulations - Side yard setback) The existing single- family dwelling is approximately
1, feet from the northwesterly lot line of the premises. In 1976, when the plan which created
r
the prPmigPg was Pndorsed as "ANR" by the Planning Board, the side yard setback required under
remained in common ownership with the adjacent Lot 2 until
1984. In 1979 the side yard setback was increased from 3 to 10 feet. Applicants also seek
relief, by special permit, variance, or otherwise, from the conditions imposed by variance granted
in Board of Appeals Case No. 17/76. The variance restricts the premises to one single - family
dwelling and wag granted At a time when the premises were located in a Residential 2 Zoning *(see
Enclosures forming part of this Application: Supplement bo above Supplement Sheet)
Site /plot plan(s) x with present /proposed structures
Locus map x Floor plans present /proposed Appeal.record
Needed: areas frontage setbacks _A,_ CCR% parking clata
Assessor's certified addressee list (4 sets) x .Mail:ing •laVels) (2•.s�ts)� x
$200.00
Fee check for !) payable to Town of Nantucket x "Cap" covenant No
I certify that the requested information submitted is substantially complete
and true t the best of f my knowledge, under pains and penalties'of perjury.i
Signature: „�_. ( ✓' Applicant Attorney /agent x
(If not owl r, show basis for authority,-'1t6- apply:).
FOR OFFICE USE ��
Application copies received: �;vz-Ky 4(( on ) for BOA �te3loOby One copy given Town Clerk Complete?
One copy sent to Planning Board and to Burb g Dept. (�by7�
$150.00 check given Town Treasurer /
Notices of hearing posted -T /// nai ed /�/ published / ,
Hearing(s) held on _ /_ /_ continued to _ /_ / _ /_ /_ withdrawn?
Decision made _ /_ /_ filed with Town Clerk _ /_ /_ mailed
See related files: application - litigation - other.
SUPPLEMENT SHEEP - 3? ? -� Or -- S APPLIC --` RCN
JEANNE KLESMER
district. The minimum lot area required in a R -2 Zone is 20,000 square feet, and the
purpose of this variance was to allow the creation of the premises containing only about
11,209 square -feet. The premises were rezoned to Residential 10 at the April 1977 Town
meeting. The minimum lot area required in this zone is 10,000; the premises conform
to this requirement;. and the need for this variance was thereby obviated. The Board
granted relief from this variance as to the abutting Lot 2 only in Case No. 16 -86.