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HomeMy WebLinkAbout103-88TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 0-0e- G,IW/ Re: Enclosed is a notice of the Decision of the BOARD 0? 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. ti 0 BOARD OF APPEALS / d� ^ ✓Cl� BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MA 02554 The Board of Appeals at a public hearing held on Friday, November 18, 1988 at 1:00 pm in the Town and County Building, Nantucket, made the following Decision upon the Application of HELEN C. MORRIS and DAVID E. POTTER V03 -88) address of c/o Glidden $ Glidden, P.C., 37 Centre Street, Nantucket, MA 02554. 1. Applicant has sought a VARIANCE under Zoning By -law Section 139 -32A for relief from the frontyard setback requirements of Section 139 -16 of the Zoning By -law. Relief has been specifically sought to cure the existing non - conformity of a structure completed in 1988 under a Building permit issued in August 21, 1987 but for which a Certificate of Occupancy has not yet issued. The building is 17.6 feet from the front property line, at its closest point, instead of the required twenty (20) feet. The premises is situate at 10 Pine Tree Road and is shown as Parcel 221 on Assessor's Map 68. The property is in the RC -2 zoning district. 2. Our findings are based upon the Application papers, and plans, testimony and representations received during our November 18, 1988 hearing. 3. In support of Applicant's request for a VARIANCE under Section 139 -32 we find, as follows: Owing to circumstances relating to soil condition shape or topography of the land or structures, but not affecting generally the zoning district in which it is located, a literal enforcement of the frontyard setback requirements of Section 139 -16 will work a substantial hardship, financial or otherwise, on the Applicant. The said existing structure was built under building permit #68 -221. The proposed frontyard setback was 30 feet. In setting the "batter boards ", the owner, not engaging the services of a land surveyor, measured from the existing dirt road's edge. Given the representations of Applicant at the hearing and the pre- existing restrictions upon the property, it is clear that this error was made in good faith. It is this demonstration of good faith which allows us to view these circumstances in a light most favorable to Applicant without which the statutory threshold might not otherwise be met. The house in question is a one -story dwelling the entire length of which appears to be within the setback. To require the removal of the intruding portions or to require a relocation of the existing structure would create a substantial hardship on Applicant. We find further that the "as is" location of the house 17.6' feet from the property line and approxifl ately 30' from the travelled surface does not derogate from the By -laws intent and purpose and will not cause detriment to the public good, provided an appropriate condition, limiting use of the property to one single -- family dwelling, runj ng to the benefit of the Town is imposed. THEREFORE, upon a motion duly made and seconded, the to grant Applicant relief by VARIANCE to reduce so much of requirements from Pine Tree Road to cure the nonconformity family dwelling structure which stands 17.6' away from the its closest point. Such relief, however 'is conditioned up dwelling being placed or constructured on the locus. dated: INS Board voted UNANIMOUSLY the frontward setback of the existing singl- front propertv line at Dn no secondary NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE November -3, 1988 A public hearing of the Board of Appeals will be held on Friday, November 18, 1988, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application of: HELEN C. MORRIS and DAVID E. POTTER Board of Appeals File No.103-88 seeking a Variance from the 20 -foot front -yard setback required by Section 139 -16A to validate the siting of their existing single - family dwelling with 17.6' setback at the nearest point. The premises are at 10 Pine Tree Road off Old South Road, Assessor's Parcel 68 -221, Land Court Plan 16514 -U, Lot 119, zoned Residential Commercial -2. Ls� William R. Sherman, Chairman BOA Form 1 -87 Noy ' ARPEICATION" NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's, name(s): He'12n C. MoYi•is & bavid E. Potter _ Mailing address: c/o Glidden & Glidden, P.C., 37 Centre Street, Nantucket, MA 02554 _ < A •plieant's name Same as above.' .Mailing address: Lo, cation of lot(s): Assessor's map, and `parcel: 0068 =221 _ - Street address to Pine 'Free Road _ LC PL, 111 16514 -U Lot 119 Deed ref. C15t.651_ °Subdivision Land Court P'1an Endorsed $ /L2 /70 ANR? _ Date lots) acquired: 9 / 24/ 86 Zoning district RC -2 _ Number of dwelling units on lot(s): 1 Rental guest Looms none - Commercial use on lot(s): none' MCD? N/A _ ' Bdilding date(s): al-1 pre=' 72 zoning?, or 8/21/87 _ Building permit application-Nos. and .dates Permit No. 68 -221 C of 0? No _ Case No(s). or dates all prior BOA applications: N/A _ State. fully all zoning relief sought together with all respective Code sections ;land subsections, specifically, what yo propose compared with present and n �; ,�kK`�i• .;tom . ; ; :: 3':what grounds you urge, 'for „`BOA to' make each finding per Section 139 -32A if _Vrt�yariance, -30A if Special.Permit,.- 33A',if to `alter or extend non - conforming y� ruse, or to reverse Building "Inspector .b}�yAppeal :per �31,A & B: �r Applicant seeks re lie f'iy' ARIANCR pursuant to 139 -32A from th'e front yard setback requirements of Sectiou''139= 16•6f` the Zoning By-law.”' 'if granted, the newly constructed single - family dwell!ri� "on' "the lot will be allowed to remain as presently sited. The structure Is .6 eet rof �m the on�f�propefty' ine` t=tt7s° close t" S�4rtziistea of _ the required 20 -feet._ Enclosures forming partbf`this Application: Supplement.bo above _ ``Site /Slot plans) x wit, h present /proposed structures x 7 tLocus map x 'Floor' plans present /proposed Appeal :.record•'• See Mortgag Plo tIaxl;,, rw •` Needed: areas frontage: ' setbacks GCR/, parking data 1Assessor's certified ,addressee list (4 h ets): ; x Mailing' labels. tk2.�sets) 'x ._.._,. ee check. for ��' $150.00> payable to Town 'of Nantucket x Nap" covenant I °certify that the requested '.iriformation'submitted� is substantially complete and true-to e be st kpowledge;''�uader pains ;and 'penalties .of perur'� Signature: Applicant Attorney /agent x _ (If' not own , show ass forT" authority j tb -.appijr: )'