Loading...
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 -2- 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 -3- 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 -4- 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 -5- 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.