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: )'