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HomeMy WebLinkAbout115-88I15-S� MANTUCRET SONIXG BOARD OF APP=ALS NANTUCKET, MASSACRUBBTTa 02554 febfLD� JQ 198C1 File No. ( IS-- gg, To: Parties in interest and others Re: Decision in the Application of W t e tf t+ EL 6A))D N4A)0- 9 PE64-Cocck 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 may ba 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 (2b) 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. William R. Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS NANTUCKET., MASSACHUSETTS 02554 At a public hearing on Friday, February 10, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application (115 -88) of MICHAEL and NANCY PEACOCK having an address at 6416 Shadow Road, Chevy Chase, MD 20815, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicants seek reversal of the October 31, 1988 order or decision of the Building Commissioner by an appeal pursuant to zoning Bylaw Sections 139 -31A and B. In that order or decision, the Commissioner gave Applicants notice that their use of the building [their summer home] at 47 West Miacomet Road is a violation of Section 139 -16A because the area of their lot is less than the applicable minimum lot size - 80,000 SF. They were ordered to cease and desist and notified of a fine of up to $100 /day for continued violation. 2. In the alternative, Applicants seek a Variance from the minimum lot size requirement of Section 139 -16A to validate their Lot 26 and its use for a single - family residence. If the requested relief were granted them in either alternative, they would accept the condition that no secondary dwelling or other dwelling unit be permitted on their Lot 26. 3. The premises are at 47 West Miacomet Road, Assessor's Parcel 86 -006, Lot 26 on Land Court Plan 17683 -I, in the Moorlands Management zoning district 4. Our findings are based upon the Application papers including the Building Commissioner's letter of 10/31/88, 1/19/76 subdivision plan endorsed ANR, Clough deeds dated 1/31/76 and 12/23/76, and 9/19/88 plot plan of Lot 26, representations and testimony received at our hearing of January 13, 1989 along with their counsel's outline of argument and mark -up of our 12/2/88 decision in 088 -88, also the public record in the related zoning applications 026 -75, 027 -76 and 088 -88. 5. Much of the factual background for this proceeding is set forth in that 088 -88 decision of record in the Town Clerk's office; hence, reference to it will be useful. As counsel noted, a threshold question concerns the effect of the 8/26/75 conditional variance and 9/9/75 covenant in application 026 -75. As elaborated in the 088 -88 decision, the 026 -75 variance was granted in response to predecessor Cloughs' application for relief to subdivide both their 2.5 -acre ocean -side Lot 17 fronting on the south side of File No. 115 -88 West Miacomet Road and their inland Lot 11 fronting on its north side. They desired, according to the 8/26/75 minutes /variance grant: " - -- to re- structure the two lots so as to make two lots, each lot being divided by the road. Each lot would be 3.0 acres more or less. "The purpose of the subdivision is to allow two lots with each lot having frontage on the ocean rather than having one on the ocean and one [inland] lot on West Miacomet Ave. [sic] "In the event the variance is granted and the covenant accepted, the total allowed living units will be two." [i.e., one on each of the 3.0 -acre lots which, when created, will be divided by the road.] 6. While the variance request was footed on a shortfall of frontage on the north side of the road, the Board simply "voted to grant the variance" subject to the covenant restricting the new 3.0 -acre lots to one dwelling each. 7. Counsel argues that no variance was needed with respect to frontage since the shortfall on the north side of the road arose from a taking of the road which did not conform to the curvature shown on Land Court Plan 17368 as placed in 1969. Assuming, for the sake of argument, that a frontage variance was not required, either because a taking would not render Lot 11 nonconforming or because the two new lots would have the required frontage on the south side of the road, the variance is necessarily understood as granting relief from the provision, cited by counsel, that bars creation of a lot divided by a road or street. On the other hand, the variance cannot be understood as lifting the 80,000 -SF minimum lot size requirement. The Board expressly characterized each of the divided lots as 3.0 acres, i.e., oversized. 8. If Applicants now owned the entire 3.0 -acre westerly lot [divided by the road] which their predecessors were permitted to create, equitable considerations would likely enable them to retain and use their summer home sited on the southerly [Lot 26] portion of that lot. The 026 -75 decision, as noted above, expressly validates a "living unit" on the lot with grant of the variance. The definition of "lot" in M.G.L. c. 41, Sec. 81L, apparently sanctions such a divided lot, requiring only that it have definite boundaries and one ownership as a building site. - 2 - File No. 115 -88 9. Applicants' predecessors the Cloughs, however, were apparently not content with two 3.0 -acre ocean -front lots but undertook to have the Planning Board endorse a subdivision plan on 1/19/76 with four lots, each undersized (unless Lot 25 has 80,000 SF and not just 1.80 acres). After obtaining Land Court approval of the 4 -lot subdivision on Plan 17368I of 1/22/76, they transferred the two easterly Lots 25 and 27 on 1/31/76 to Michael Cassells as two separate parcels. We are told that those two lots have remained in common ownership, with the Nantucket Land Bank the current owner. By deed of 12/23/76, the Cloughs transferred the two westerly Lots 24 and 26 to J. Barry Morrissey as two separate parcels. 10. One might, at this point, argue that the 026 -75 variance lapsed for failure to exercise the rights authorized, i.e., to proceed with creation of just two 3.0 -acre lots, each with ocean -front and interior portions divided by the road. If the variance lapsed or was otherwise not protective of the lots transferred by the Cloughs, the undersized Lots 26 and 27 violated the zoning Bylaw when split from former Lot 17 by transfer into separate ownership. This split occured with the first transfer 1/31/76 prior to any variance lapse, the second transfer 12/23/76 occuring more than one year after the 026 -75 variance grant. 11. On 12/20/76, the Cloughs filed application 027 -76 with this Board seeking variance relief for Lot 26, treated as a separate lot without any evident reference to Lot 24 or the prior 026 -75 variance. The requested variance for relief from the 30 -foot front -yard setback requirement was granted 1/19/76 (but mistakenly granted according to the 9/19/88 plot plan showing actual setback greater than 30 feet). Finding this variance grant in the Registry of Deeds, one might reasonably argue that no claim of protection for Lot 26 was made or available under the 026 -75 variance as of 1/19/76, confirming the zoning violation. No argument has been made nor evidence offered that the 027 -76 variance cured the Lot 26 undersized area violation. 12. On 10/7/78 (with Certificate of Title 10/17/78), the two westerly lots were transferred to Applicants' immediate predecessor, Dorann Cafaro, the applicant in 088 -88. Pursuant to a purchase agreement dated 8/83, she sold Lot 26 to Applicants by instrument dated 9/9/88. Even if an undersized area violation had not previously commenced, it did so as of the date that last transfer was effected. The violation did not arise as a breach of a condition of common ownership of Lots 24 and 26 implied in the 026 -75 variance grant, as counsel argues, but by the negation of any claim that Lot 24 with Lot 26 together - 3 - File No. 115 -88 constituted the 3.0 -acre lot divided by the road and authorized by the 026 -75 variance. An owner may not sell off an undersized portion of one conforming lot and claim entitlement do so just because M.G.L. c. 40A forbids conditioning variance relief based upon continued ownership. Either Lots 24 and 26 when owned by Cafaro still constituted the one divided 'lot' sanctioned by the 026 -75 variance, or they did not and the violation had commenced years previously. 13. Since Applicants' Lot 26 area is smaller than the required 80,000 -SF minimum lot size, we must sustain the Building Commissioner's 10/31/88 finding that their summer home and their residential use of it constitute a violation of the zoning Bylaw, namely, Section 139 -16A. 14. Counsel urges, however, that Chapter 481 of the Acts of 1987, which came into force last year, is a Statute of Limitations barring the Building Commissioner from requiring removal of the building and, inferentially, from ordering them to cease and desist their residential use and from imposing a fine for their failure to do so. That amendment to the Zoning Act, M.G.L. c. 40A, Section 7, bars any "action - -- to compel the removal - -- of any structure by reason of the alleged violation of - -- any - -- [zoning] by -law adopted [under c. 40A], or the conditions of any variance - - -, unless such action - -- is commenced - -- within ten years next after the commencement of the alleged violation." [] material added. 15. As noted above, the violation charged commenced when Lot 26 was not in contiguous ownership with Lot 27 (as it was when, with Lot 27, it formed prior Lot 17) and also was not protected by the 026 -75 variance as part of the one 3.0 -acre lot divided by the road. Counsel argues that the violation occured no latter than the October 1978 transfer of separate Lots 24 and 26 to Cafaro, unprotected by the 026 -75 variance. Otherwise, we must find that the violation occured with Applicants' 9/9/88 purchase of Lot 26 from Cafaro. 16. That question is a close one. On equitable grounds, a successor in ownership of the two Lots 24 and 26 would be sustained in a claim to continued residential use of the house on Lot 26 after some 15 years, rather than evicted on technical grounds that Lots 24 and 26 were accorded separate status in the Registry record since 1976. But the same equities which support that hypothetical case also support an opposing use of those technical grounds in preserving to the Applicants here their continued enjoyment of that house based upon the new Statute of - 4 - File No. 115 -88 Limitations, notwithstanding the zoning violation. 17. We recognize that the new Statute can be read narrowly in the context of the preceeding provisions expressly protecting use of improvements, after 6 years, if in accordance with a building permit. But counsel, we believe, correctly argues a legislative intent not only to bar actions [in court or administrative] to remove a house but also actions which would prevent any occupancy of the house. The Statute is too recent for our decision to be governed by case law interpretation. Because of the legal uncertainty, Applicants would be well advised to cure the zoning violation, although we find the Statute of Limitations applicable here. 18. Applicants alternatively seek a Variance to validate their undersized lot. No reasonable grounds for relief are offered, however. Their hardship does not arise from lot shape, topography or soil condition but from the zoning violation resulting from their predecessors' actions. Relief would be in direct derogation of the Section 139 -16A proscription against changing a lot's shape or size without conforming to the requirements as to minimum lot size. Applicants' willingness to have variance relief conditioned on no secondary dwelling does not tip the scales. Only the existing house but no additional structure is insulated from the zoning violation by the Statute of Limitations. Moreover, the 026 -75 covenant against a further dwelling was supported by consideration and continues in effect, applicable to the land formerly within Lots 11 and 17 and thus to Lot 26. 19. Accordingly, this Board by unanimous vote sustains the Building Commissioner's 10/31/88 finding that undersized Lot 26 violates zoning Bylaw Section 139 -16A but reverses his cease and desist order and bars imposition of the corresponding fine, based upon the Statute of Limitations c. 481 of the Acts of 1987. Dated Februaryl0, 1989 - 5 - LAG? Form 1 -87 No. M - ARPEICATION" NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): Michael & Nancy Peacock Mailing address: 6416 Shadow Road, Chevy .Chase, MD 20815 Applicant's name : Same Mailing address: Same Location of lot(s): Assessor's map and parcel: 86/006 Street address 46 West Miacomet Road Registry LC PL Pb-- Bid - mpg; --+- -17683 -I Lot 26 Deed ref. 13,80E Subdivision Endorsed /_ /_ ANR? Date lot(s) acquired: 10/14/_8 Zoning district LUG -2 (1975) Number of dwelling units on lot(s): one (1) Rental guest rooms No Commercial use on lot(s): None MCD? No Building date(s): all pre -'72 zoning? or 1973 Building permit application-Nos. and dates241 on 3/26/73 C of 0? NQ, Case No(s). or dates all prior BOA applications: 026 -75; 027 -76 State fully all zoning relief sought together with all respective Code section and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -12a. if Variance, -30A if Special Permit, -33A if to alter or extend non- confcrMin2 use, or to reverse Building Inspector by,-Appeal per -31A & B: Applicants received a letter dated 10131/88 from the Nantucket Commissioner notifying them that their dwelling was on a.lot not m tirg t_ he applicable 80,000 sq ft area requirement of an LUG -2 zone secticn 139 -1G. (A) of the Zoning By -Law and o of-a.-'e-and degis fmm the al l t-gPd violation. Applicants appeal this decision pursuant to Section 139 -31 (A), (B) of said By -Law and in the alternative request a Variance as to to P under Section 139 -32 of said .B -Law. Enclosures forming part of this Application: Supplement bo above X Site /plot plan(s) X with present /pcapame:d structures X Locus map X Floor plans present /proposed Appeal record X Needed: areas X frontage X setbacks X GCR% X parking data Assessor's certified addressee list (4 sets $200.00 ) X Mail ing labels (2 •.spts)X_ Fee check for MM -)Q Payable to Town of Nantucket � . X 'Cap" covenant No I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under pairs and penalties of perjury, Signature: Applicant Attorney / X (If not owner, show basis for Ju o � ppxy;): FOR QFFIC� z.1,JS,Ef FROM PEACOCK BUICK VA 11/11/88 11:53 P. 1. BUI ?qA MENT x r 11iii-i life 01 %1611 IN 11" 'ext, .23.0. October 31, V 40-7`,084 207 Mr. & Mrs. Michael Peacock 1*7 West Miaoomet Road Nantucket, MA 02554 Re; Zoninz violation at. Deap ak" This shall constitute notice:4tO YOu"theit you are in violation of the Nantucket Zoning By-Laws with -respect to the above-designated PrOPOrtY- SPOCifleally, a buil4in, I g that - ,exists and is being used on this property, notwithstarxding,,,,�,h Ok.::th*. ,20.t'.Iis lose than 80,000 square feet. know, the.-lot,, eat. As Atl-Xhs at_ the relevant t antucket" 'of Z ime, ':& Lbtit6d Use "1 AT the Nantucket . V or land,- or any Zoning By-L''' provides that 11,,, Part thereof, shall be used ... unless in..,co, folity'with the [minimum lot size] r0qui:60menta set forth bd-66V�` equitement's therefore provide that the 4pplicable minimum 16.21" f�':!- Pursuant to section 139-25,.,( . 6'): of'the Zoning By-Laws, you are directed to immediately cease and. ',des.i'otIrom this zoning violation. Please be advised that, under"49081tion 1-34"-251 (0) (1) of the Zoning BY-Laws, a violation is puniA iblpro"'��_-"W`111'1 f: UP to #100.00 for each day the Violation .-continues, If You have any questions;,Please feel free to contact me directly at (508) 228-7222. ThiLnk yo 6va Ace for Your CooperatiQn- Very truly Q IM ft. Ronald J. Santos Building Commissioner TOWN OF NANTUCKET RET RECEIP REQUESTED n 41 WAYNE F. HOLMES WILLIAM H. HAYS = LAW OFFICES HOLMES AND HAYS 3S CENTER STREET NANTUCKET, MASS. 02SS4 September 25, 1975 Mr. Charles Clark Coffin Town Clerk Town of Nantucket Nantucket, MA 02554 Dear Clark: Enclosed please find a cony of the Board of Appeals mintues of the meeting of August 26, 1975 covering the petition of Charles I. Clough 026 -75 and the petition of Alan Toole 027 -75, and decisions for both. Thank you. WFH /pr Enclosure Sincerely yours, i �. Wayne F. Holmes Z r � � AREA COOS 817 228 -0052 Minutes of the Board of Appeals meeting, August 26, 1975. Present were members, Holmes, Backus and Hyde. In the matter of the petition of Charles I. Clough 026 -75. Attorney Robert Mooney appeared for the petitioner and stated the Cloughs' now own Lot 11 & 17, off West Miacomet Road. Lot 17 is a waterfront lot of 2.5 acres more or less and Lot 11 is situated across a way and consists of 3.5 acres. Each lot may be used as one single family dwelling. The petitioner desires to re- structure the two lots so as to make two lots,each lot being divided by the road. Each lot would be 3.0 acres more or less. Mr. Mooney stated the lots would be used to accomodate one single family dwelling unit. The purpose of the subdivision is to allow two lots with each lot having frontage on the ocean rather than having one lot on the ocean and one loL on West Miacomet Ave. Mr. Mooney stated that each new lot would have 147.78' of frontage and would be 2.22' short of the required frontage. He stated that the Town in placing West Miacomet Ave. through the property did not follow the original curved line but rather used a straight line path. Mr. Mooney presented a copy of L.C. Plan 17368A showing the original curved line for the center of West Miacomet Ave. as placed in 1969. Had that curved line been followed, the required frontage would exist for each lot. This error, Mr. Mooney stated, constitutes a hardship from which the petitioners have no appeal except to the Board of Appeals. Mr. Mooney stated the petitioners would agree to restrict the two lots to one house per lot if the variance is granted. He stated there will be no increase in the number of allowed dwellings but rather the number may be decreased by such a covenant. Each lot may now be used for one single family dwellin plus one other cottage or garage apartment making a total of four dwelling units.- In the event the variance is granted and the covenant accepted, the total allowed living units will be two. No other person spoke in favor of the petition. Ms. Elizabeth Little spoke in opposition. She stated she was the owner of Lot A7 and was concerned about the development of this area and opposed additional homes in the area. She stated additional houses would spoil the view and generally contribute to the deterioration of the area. She stated that if new houses are to be built, she hopes they will be built where they cannot be seen. The Chairman read a letter received from the Planning Board recommending the subdivision be allowed. After due deliberation, the Board found: 1. The subdivision could be allowed without damage to the surrounding area; 2. The covenant by the owner to restrict the lots to one dwelling each would be beneficial in that it decreases the number of potential dwelling units; 3. The petitioner does suffer from the incorrect installation of West Miacomet Ave., and would otherwise have been able to sub- divide; 4. The granting'of the variance will not derogate from the intent of the zoning by -law. On motion of Mrs. Backus, seconded by Mr. Hyde, it was voted to grant the variance subject to the petitioners' making executing and delivering to the Board of Appeals a written agreement in recordable form restricting the use of each to one single family dwelling unit; WIIEREFORE, the variance is conditionally granted. f -2- 14 12:29 READEX,.ALGLR P. E%= "-: 1.-.4 0* -mom "W .mow .Wmftw am . 41 .0004mw-- c 11 rim 2 19 X I & i tq �LJf�9 c � 8f1 f gffe t� 1[�85S�P Ulf �. F f . rr M n P f p or Uf CEje. p {t� i� 4p 1 8 l e fill free b rE�ee� THE COMMONWEALTH OF MASSACHUSETTS NANTUCKET Ctrr OR TOWN BOARD OF APPEALS , SEPTEMBER 17 I9 75 ,« ..................... ............................. NOTICE OF VARIANCE Conditional zxxbhnftmk Variance (General Laws Chapter 40A, Section 18 as amended) Notice is hereby given that a Conditional or Limited Variance or Special Permit has been granted To...' Charles I. Clough and Gloria L. Clough ................. .. ...... ..... ... .. . . ... .... .... . .... ... ....... .............. ... .. ..... ....... .......... ........................... Owner or Petitioner Addr 220 Old Pickard Rd., Concord, Mass. ess.... .. ....... ............................... - - ......... ............_.................- ............ Subject to the terms and conditions of a covenant recorded herewit City'or Town ..---...---••--• ...................•-•-•-••--...........---......................•----------•--•--• •....-- •....................... affectinE- _..Lot 11 and 12, West Miacomet Ave, Land Court Plan 17368 F . - --.............................................. ........................•--...............------.........• .........- •- ................... �T + Identify Land Affected ............... Nim 41reke t............................-----._.....-•-............................---••........ _..........._.................. X"3cx by the Town of ...................Naatueket ..................................... Board of Appeals affecting the rights of the owner with respect to the use of premises on. same as above ..---...--•---....-•---• .......................................................•----......-----..........---............ ............................... Street City or Town the record title standing in the name of Charles I. Clough and Gloria L. Clough ............. .........................--•-•-•-----•.......................................-•--•-.............. ............................... whose address is ...... same as above ......-• ..........................................•---...................... ............................... Street City or Town State by a deed duly recorded in the ............... .........................County Registry of Deeds in Book - •---- •.. ...... Page ................................. ............................... .....Registry District of the Land Court Certificate No ............ ......................Book ................ Page ................ The decision of said Board is on file with the papers in Decision or Case No..-02-6- 75 ..... 44Y Nantucket inthe office of the Town Clerk ..............•.-----.....----._....__.._..._..._............._........-- •-- ..--- ._._........_......... \ Certified this ....17trAay 0f ..... September ........................................... 19 %5 Board of Appeals: .....•---- • ................. ---- --------------------------------------- Chairman Board of Appeals ..................................................... .............. •- •... - -• - -• .Clerk Board of Appeals ------------------------------------------------ 19........ at ...... ....... .o'clock and ................................ minutes ....M. Received and entered with the Register of Deeds in the County of ........... ............................... Book........................ Page ........................ ATTEST ...................................... ............................... Register of Deeds Notice to be recorded by Land. Owner. FORM 1094 HOBBS S WARREN. INC., REV15 E0 CHAPrER 212.1962 t (' OI T' ' RT A AMI We, the undersigned owners of property on West Miacomet Road in the Town and County of Nantucket, shown as Lot 11 and Lot 17 on Land Court Plan No. 17368 -F, Sheet 2, hereby covenant and agree with the Board of Appeals of the Town of Nantucket, that in consideration of the variance requested in Case`No. _..._....,"""� Q26 -75 , the further division of the said two lots will result in only two (2) buildable lots as defined by the present zoning By -Law of the Town of Nantucket, as amended through August, 1974, and further covenant that only one single family dwelling unit will be constructed on each lot. Dated: September 1975 r Nantucket, ss. 1 Then personally appeared the abppve -named Charles I. Clough and acknowledged the foregoing to b�,his re act" nd deed, before me, Notary Pub1i Accepted: Boar of Appeals Town" Nanttiek t By: "_~L�\ Chairman � �. .� \ ( 2 % d $ 2 [ 2 ■ , § § � f ■ � � \ § ®f q k r � « % � � E a � c, THE COMMONWEALTH OF MASSACHUSETTS ................ NAN. TUCIS>:; T.................................. I ........ I .............. I...... CITY OR TOWN BOARD OF APPEALS ........_Janikgx ....1. ......................1 17 NOTICE OF VARIANCE Conditional or Limited Variance or Special Permit (General Laws Chapter 40A, Section 18 as amended) Notice is hereby given that a Conditional or Limited Variance or Special Permit has been granted Charles T. Clough & Gloria Clough To............................. ............................... ...... ..................................... ............................... 220 Old Pickard Rd onner or Petitioner Address.......................................................................................................... ............................... Concord, Mass. 01742 Cityor Town ...............................••------•••-----.................................................... .............................•- .......... Lot. ..26....L.C.-- Plan..17368.-I.,. Ulest. Miacomet Road .. ............................... ..... .... ......... .. ....... .. ............................... . .. Nantucket Identity Land Affected .... .................................................................................................................... ............................... max Nantucket by the Town of ..................... ............................... ..........................Board of Appeals affecting the rights of the owner with respect to the use of premises on. West Miacomet Road Nantucket ........-• .............................................................................................................. ............................... Street city or T. the record title standing in the name of .................. Charles ... I.. ..• Clough & Gloria Clough ................---•- whose address is.......$Slne as above ............... .. ........ ............................... ............. .Street City or Towu State by a deed duly recorded in the ............... .........................County Registry of Deeds in Book ................ Page ................. ............................. .......................Registry District of the Land Court Certificate No ....... ...........................Book ................ Page ................ The decision of said Board is on file with the papers in Decision or Case No..027 -76 Mx in the office of the Town Clerk ................ Nantucket......_........................... ....--- ........................ Certified this ... l9 .... day of......... January .....................19 77 Board of Appeals: ... .... ............w..... ....................................................... Chairman Board of Appeals . ...................... ............................... ..........................Clerk Board of Appeals ........--••-• ............. .1._.........•- ••....19..••.... at .............. o'clock and ................................ minutes ....M. Received and entered with the Register of Deeds in the County of ........... ............................... Book....................••.. Page ........................ ATTEST ........ ................................ ............................... Register of Deeds Notice to be recorded by Land-Own er. FORM 1094 HOBBS & WARREN. INC.. RZVI6EC CHAPTER 212.1962 r C) 0 ci rri co 1 -tom Vml CC rrl r C) 0 ci rri co 1 -tom Vml CC Minutes of u meeting of the Board of Appeals, January 18, 197 ,,Attending were members Holmes, Backus, and Hyde. In the matter of the petition of Charles I. Clough et ux (027 -7G): Attorney Richard Glidden representing the petitioner appeared and stated that the petitioner owns Lot-2G, L. C. Plan No, 17368 -1 situated on West Atlacomet Road. The petitioner improved the lot by constructing a single family residence. At the time the re- sidence was built, the contractor mealmured the set -back line at 30' and used the evident roadway line. A later survey verificatic showed the lines of West mhm met Hund to be othor than the tra- velled way and, in fact, the dwelling huuse is 25' from the line of the right of way. Thu 25' set -buck is not in accord with cur - rent zoning 'laws. The myner requires a variance to clear his title and believe: the inadvertent cuntructur's error is sufficient hardsh1 p in light of the alternative - to move thu housu back 51. No person appeared is t•avur of ur in opposition to the peti- tiun. After due deliberation it was found: 1. The evidence presented shows a unique situation affecting this parcul alone, and this situatiun developed and exisjA through no fault of thu petitioner. 2. Thu area is sparsely settled with no other dwelling unite in the urou. The variance can bp ,ranted without Infringing on an adjacent prupurly uujuymenL and without injury to the general neighborhood. Upon motion of Hr. Hyde, seconded by Airs. Backus, it was unan imously voted t< grant the puti Lion untl, therolbru, 00 variance is granted. to :3 s A•�''� .� C� l � _W ea � .,, (i ,�•. , ,, ' xG..`L.L.. ORIGINAL Application and Permit to Build or Alter TO THE BUILDING INSPECTOR OF THE TOWN OF NANTUCKET: The applicant agrees that u juts permit Is granted, enw buildings W141 ue Wmaructed In conformity with the detailed statement and the plane herewith submitted and approved, and that all Massachusetts stale laws, by -laws and ordinances of the Town of Nantucket and ruiea, rogWatlons and orders of any board, body or department, es far as the'some may be pertinent, will be compiled with. The applient further agrees to furnish any additional Information, pare, apsmin tione or satemsnta, if raqulred by the Building tnsPsctor. 1. Caner's name end address .... q%"W lgx..... /Q, �.� ................:.......... .. sett.. ......... 2. Builder's name and address .. H.G12/.pt.r.w.... /..??.,. K.e % /.�!�:•.�r,•,��°- pc. N. a//h /. /� fF�,,y S. Location of proposed work: House NopfA.Yl. /.C. �✓. al Qlfl ... d r /owl r'�K a -A—let- ... ............. zone ............. 4. Else of Wt: Front ... N-5. . Rear ...S „3 /rCt ...y...... Depin....�............ BgaJi P..teei or ­sag.. • ...�! sett.: F..J' sett.... S. Classify work to be done: New Residence... X... Addition.,....... Ommmi Remodeling........... Interior Alterations ........... Replacement ........ Repairs......... Enclosed Porch........... Accessory Building.......... Mevmg to another Location ......... Demolishing......... Other: .................................... .r ....... /......f ...`................. ..........:. sett. sett 6. State also of Buildings or additions: _ gain building: Width. �Y�.DSpth „(�(�. Hel ht.......... (Give overall dimensions) Addition: Width.......... Depth.......... Height .......... Stories. ......... t Height estimated from the average level of finished grade adjacent to building to the highest point of main reef. 7. Ground Cover Area (Based upon exterior dimeslne)..... Me. I7.. ........ sq. Ft. Floor Area, Gross... ZKr..� � n. S. General description of building or tion: YOU two story.... ... Story and half.. ................ One Story............... Rod: Gable.... .....ehe� ..... Gambrel .......... Otbri .......... ............................... Fomdation: Materials...! ... Height..... /..... Thlckesss......R........ Footings :.... l%sett... Bawmeat:. Slab .......... 'Cra /w1::.T......FuH.......... Below Grade .......... At Grade.......... Falshed: yes... m... structural sett'WO dframe....Y...^�,. r riot............ CladerBlod[ ............. Other:... ............................... St.. of Door - atera..14. � ..f ./ .. Lolkgsat EPan.... /�. Slue of cutting joi.Iv it(,spadeg on 0eeters.. `1 /J.... Longestt Else of main raft— Y,�tR��.lgpaclog on oeKara.. lest.... Longest span.... �... Pitch ..... Stan, of dormer raftere.t7c. rgpaa on OBntora..0 �... Longest Span.... ..Pitch .......l.F /........... Exterior • Clapboard ............ Shingled ... K...... Brick ............ Other.: ....................................... 9. Will gerage or any other lamasery building be attached to remidenn......... �t,,nnri%^^. //. y^ ........ ............................... 10. Purpose of building or addition: lfa dwelling, for how many famlHs.......... N(.i. ;...H In • residential sow will business of any kind be conducted ............... State wises of this beat........................... ............................... H in a business cow and for business purposes. sate =to- of beat on. .................. ............................... 11. Location of —1. building on lot: Fast of open .pane between the building and front lie of lot ..........:7.J7 Feet of open spam between the building and rear lice of lot...... ...17..'+ /sett .................. Fast of open .Pam between the building and side Imes of lot: (Facing front of lot) Right aide. �.7 f�Laft aid.. 3. =.�.. 19. Estimated vest: Mina budding g .................... Aoosa -W...... W. Fees: (Shull accompany this application) Fee g ......:'�.. tY,. •,`, ,,�- INSTRUCTIONS TERM OF PERMIT. All building permits am good for o. year only from date of Issuance, but may be remwed upon further application. CERTIFICATE OF OCCUPANCY: This permit Is for construction only. Upon completion application for a Certlflette of Occupancy most be made. PInn,: This Permit must be nlled out and accompanied by lot nlam drawn to sral . Plan moat Mow the location of proposed building or alar- stlon w Iot. A pan and appliwdon most be filed with the Department of Public Works. for Septic Tank or Sewer Connection permit. as re- quired by the Board of Health. Approwd Sewer or Septic Tank permit meet accompany this aonli tl IMPORTANT: BE SURE TO CET A CERTIFICATE OF OCCUPANCY AFTER COMPLETION. PERCOLATION TEST FORM: Approved by Board of Health must accompany applications for new, buildings • IMPORTANT: BE SURE TO GET A CERTIFICATE OF OCCUPANCY AFTER COMPLETION ACCESSORY BUILDINGS GARAGES OR OTHER ACCESSORY BUILDINGS NOT ATTACHED TO MAIN RESIDENCE. 1. Answer questions at top of &VpUwtmal 1- 2 -9-4-5 -8-19 Fm # ......................... 2. Sate sae of building or addition: Accessory; Width .......... Depth .......... Height.......... Stories.......... 9. Area of Ground Cowr of saw accessory building ............... sq. ft.; of any existing buildings ............ sq. R.; Tout ...... ... 1. If • Prase. for how many car ............................ S. If taco ssory building is located 1. aide yard, give distance from main building .................... ............................... distance from We property Jim ..... ............................... 5. Location of accessory building on rear lot: Number of feat distance from rear line of lot ............. ............................... Number of feet distance from right aide lire of lot .............................. : No. of feet distant from left elate Jim of lot ...... No. of feet distant from rear of main building ..... ............................... DEMOLISHING BUILDINGS 1. Answer questions at top of application: 1- 2- 9 -5 -19. Fee $.......... 2. Glue a gemrel description of building. or Portion of buildings to be demolished .... ............................... ......... sett. .. To the But ding Inspector - Town Building Application Is hereby made to the Building Impactor of the Town of Nantucket to approve the detailed statements and pans here- tied. and for a permit to erect, site mow or dem�ol•i�sh, buildings herein crihed or for the erection o(a sign. / - L yI \ems_ / Approwd Blgnstort...HouniC ` 4?h.. ;y?[��J and Permits s- _ /J /) _1• • • • .......... Granted !/ 18 Address . ��%lr. {•. �^, ..xQ . ..s Town of Nantucket, Subject to all the req4tafflept. of the Zo Ordinance of; Building lnspeco. sett. sett.. . ✓. ,,,.,. -`� Telephone 228 -0588