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Home My WebLink About018-89-2)0 I-Ve::5D- —j File No. 018 -89 r-- To: Parties in interest and others Re: Decision in the Application of: J. ARNOLD TEASDALE TUCKET TPEALS IUSETTS 02554 April 1 , 1.989 Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealir the decision must be brought by filing a complaint in court wi:-.:1 twenty (20) days after this date. Notice of the action with a c -:py of the complaint and certified copy of the decision must bec'.ven to the Town Clerk So as to be received within such twenty (20; gays. -- William R. Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk f, ////. A,- //&/ .0 NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MA 02554 At a public hearing on Friday, March 31, 1989, at 2:30 p.m. in the Town and County Building, Nantucket, on the Application (018 -89) of J. ARNOLD TEASDALE having an address at 24 North Greeley Street, Chappaqua, NY 10514, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicant seeks a Variance from zoning Bylaw Section 139 -16A restricting allowable ground coverage ratio for his undersized 52,000 SF lot to 3% (1560 SF of coverage). He proposes to build a single- story, single- family dwelling with 2900 SF of coverage (GCR of 5.58 %). 2. The premises are located at 36 Low Beach Road, Siasconset, Assessor's Parcel 74 -055, Plan Book 3, Page 3, Block 33, such block being bounded by improved Low Beach Road to the front, Elm and Central Streets to the sides and an unused railroad right -of -way to the rear. The premises are zoned Limited Use General -3. 3. Our findings are based upon the Application papers including 1895 subdivision plan and 12/14/88 Sewer Connection Plan, also a similar sketch plan of 7/29/86, correspondence and representations and testimony received at our hearing. 4. Applicant's lot is represented to date from 1895 and to be a "lot of record", i.e., a lot pre- dating the 1972 adoption of the zoning Bylaw chapter and not held in contiguous ownership with adjacent land. It is thus said to be buildable although its 52,000 SF area is less than half the 120,000 SF minimum lot size required in the LUG district. The same Section 139 -16A which sets the minimu -.; lot area provides in a footnote that such an undersized lot of record may be built upon with up to the 3% GCR allowed in LUG -3, but at least 1500 SF. Applicant would, therefore, be allowed a coverage of 1560 SF. 5. On this lot, Applicant proposes to build a single- family dwelling with coverage of 2900 SF. Exhibited at the hearing but not made of record by Applicant was a presentation drawing of the proposed house. Since the drawing showed windows at a second -story level, we rely on Applicant's representation that no second -floor space would be provided. Height is said to be limited to 241, whereas zoning Section 139 -21 allows a 30' height. 6. The house would be sited upland from the coastal bank r File No. 018 -89 which runs across the property and would thus be outside the Island perimeter where construction is barred by Section 139 -24. Because of the coastal location and topography of the lot, Applicant argues, he would not be able to provide second -floor space equivalent to that of the first floor within the 1560 SF of allowable coverage. This circumstance is said to give rise to the hardship required by Section 139 -33A for hardship relief. There is, however, nothing unique in height limitations impacting the usable space within a building. The LUG -3 district extends north of the premises to Quidnet and west past the airport along the coast, a great distance, negating any argument of uniqueness. 7. Whether height limitations are imposed by zoning, by other regulatory provisions or are self- imposed, neither the zoning Code nor case law entitles a property owner to a compensating increase in ground cover above what is otherwise allowed. The footnote to Section 139 -16A assures owners of lots of record that they may build with a reasonable ground coverage, not less than 1500 SF. For those owning buildable lots made undersized by an increased lot area requirement, Section 139 -33E affords certain protection from the upzoning but not from the impact of a reduced allowable ground cover. 8. Applicant's arguments in no way could justify our permitting such a sharp increase over the permitted ground coverage, here almost double. We are not authorized by the Code to extend to this LUG -3 property the limits applicable in the Residential -2 district which extends inland from Low Beach Road. 9. To grant the requested relief would plainly be in derogation of the intent and purpose of the zoning Bylaw, nullifying the GCR limitations to the detriment of the public good. Those who own property on the inland side of Low Beach Road, as we were told, reasonably expect enforcement of the GCR limitation to protect their acces7; - visual, light and air - to the Atlantic Ocean across t- -. coastal LUG -3 properties and to protec their own property values. Strong opposition to relief was voiced. We are, accordingly, unable to make the findings requisite for granting the relief requested. 10. Upon motion to grant the relief requested, four members of this Board voted in the negative, Dale Waine abstaining. Relief is, therefore, DENIED. Dated April -7, 1989 LJ� et-� 4-A L C. Makshall Be le William R. 8herman 2 File No. 018 -89 Ann G. Balas Dal -W. Waine. r David J.' egget - 3 - NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 March 16, 1989 NOTICE A public hearing of the Board of Appeals will be held on Friday, March 31, 1989, at Z :30 p.m. in the Town and County Building, Nantucket, on the Application of: J. ARNOLD TEASDALE Board of Appeals File -No. 018 =89 seeking a variance from the Section 139 -16A limitation of ground coverage ratio to 3% of their 1.2 -acre lot area (1560 SF of coverage) to allow their construction of a single - family, single -story dwelling with 5.58% GCR (2900 SF of coverage). The premises are at 36 Low Beach Road, Siasconset, Assessor's Parcel 74 -055, Plan Book 3, Page 3, Block 33, zoned Limited Use General -3. %J William R. Sherman, Chairman EDWARD FOLEY VAUGHAN KEVIN F. DALE MELISSA D. PHILBRICK RACHEL G. HOBART VAUGHAN, DALE AND PHILBRICK ATTORNEYS AT LAW WHALER'S LANE NANTUCKET, MASS 02554 TEL:(508) 228 -4453 FAX: (508) 228 -3070 March 10, 1989 BY HAND Mr. William Sherman, Chairman Nantucket Zoning Board of Appeals Town and County Building Broad Street Nantucket, Massachusetts 02554 RE: Application of J. Arnold Teasdale, 36 Low Beach Road Dear Bill: Enclosed please find the above - referenced application, the abutters list with two sets of mailing labels and our check in the amount of $200.00 for the filing fee. If you or Linda have any questions prior to the hearing, please let me know. ncerely, , (;) KFD /md encl. cc: Mr. J. Arnold Teasdale BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS March 9, 1989 TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE N04�)&- APPLICATION FOR RELIEF Owner's name(s): J Arnold leasdalp Mailing address: 24 North Greeley Street Chappaqua New York 10516 Applicant's name: SAME Mailing address: SAME Location of lot: Assessor's map and parcel number 74 - 55 Street address: 36 Low Beach Rnnd Registry Land Ct Plan, Plan Bk & Pg or Plan File 3/3 X11DXBlock 33 Date lot acquired: _L/_W88 Deed Ref3Qfi-,9n Zoning district LUG - 3 Uses on lot - commercial: None X or MCD ?_ - number of: dwellings_ duplex_ apartments_ rental rooms_ Building date(s): all pre -8/72? — or Building Permit appl'n. Nos. NONE Case Nos. all BOA applications, lawsuits: C of O? State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BOA to make each finding per Section 139 -32A X if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3A b B , attach decision or order appealed. OK to attach addendum-. See attached Addendum FOR BOA OFFICE USE Application copies reed: 4l or_ for BttoA on�� bY__l�` One copy filed with Town Clerk onl-�p/ObY complete? One copy each to Planning Bd and Building Dept/�by a $200 fee check given Town Treasurer on3 /� Y L aive %dam ?�_p Hearing notice posted,�—��aile�1� -E_ I & Imo, Hearing(s) on__/__/_ cont'd to_/ _/_, withdrawn ?_ /_ /_ Decision due bye_ /_ made---,/ __J_ filed TC_-J—J_ mailed_/__ See related cases lawsuits other __ Items enclosed as part of this Application: orderl addendum2 X +plannedx structures Locus map X Site plan X showing present nns X* (11DC approved ?yam x* to be Floor plans present proposed X* elevat> frontage setbacks GCR parking data _presen e Listings lot area Assessor-certified—addressee list 4 sets -X mailing labels 2 setsX a earing 'cap' covenant__- - 200 fee payable to Town of Nantucket X proof Town Clerk to send Bldg Comr's record to BoA.) (If an appeal, ask I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of rjur . SIGNATURE• / _ Applicant Attorney /agent X J. rnold Teasdale, y hi attorney, Kevin F. Dale 3(If not owner or owner's attorney, enclose proof of authority) FOR BOA OFFICE USE Application copies reed: 4l or_ for BttoA on�� bY__l�` One copy filed with Town Clerk onl-�p/ObY complete? One copy each to Planning Bd and Building Dept/�by a $200 fee check given Town Treasurer on3 /� Y L aive %dam ?�_p Hearing notice posted,�—��aile�1� -E_ I & Imo, Hearing(s) on__/__/_ cont'd to_/ _/_, withdrawn ?_ /_ /_ Decision due bye_ /_ made---,/ __J_ filed TC_-J—J_ mailed_/__ See related cases lawsuits other __ ADDENDUM TO J. ARNOLD TEASDALE 36 LOW BEACH ROAD TAX MAP 74, PARCEL 55 Applicant is seeking relief by variance pursuant to Section 139 -32 of the Nantucket Zoning Code from the provisions of Section 139 -16A which restrict the allowable ground cover for pre- existing undersized lots to the greater of 1500 square feet or the ground cover of the zoning district. The lot in question is in an LUG -3 zone, contains approximately 52,000 square feet of area with 200 feet of frontage and has been held in separate ownership from adjoining land since prior to 1972. Lots on the other side of Low Beach Road, opposite this lot, are zoned Residential -2 with a 20,000 square foot minimum lot size. The Applicant proposes to construct a 2900 square foot one -story single family dwelling. Given the lot's size, the zoning code would permit only 1560 square feet of ground cover, but allows a 30 foot height limit. Both the Conservation Commission and the Historic Districts Commission have required that any structure on this lot be restricted in height, given its location near Low Beach. The unique location of this lot and the topography of dunes on this particular lot require a one -story structure. Since the Zoning Code would permit a structure of more than 3000 square feet of living space, it does not derogate from the intent or purpose of the Zoning Code to allow a one -story structure with less total area, nor would the relief be detrimental to the public good. A denial of the requested relief would result in substantial hardship to the applicant by restricting him to a dwelling one -half the size otherwise contemplated for a lot of this size under the code. Sec. 3. All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner, who shall make his own arrangements with a con- tractor approved and licensed (installer's permit) by the Board of Health, Town and County of Nantucket. The contractor shall do all cutting, patching, excavation, backfill, furnishing and installing pipe and making connection required. The owner shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. Sec. 4. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole con- sidered as one building sewer. Approval of the Superin- tendent and the plumbing inspector is required for this exception. Sec. 5. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the SuperinXendent, to meet all requirements of this ordinance. Sec. 6. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in exca- vating, placing of the pipe, jointing, testing, and back - filling the trench, shall all conform to the requirements of the building and plumbing code or,other applicable rules and regulations of the Town. In the absence of code provi- sions or in amplification thereof the materials and pro- cedures set forth in appropriate specifications of the A.S.T.M. and TJ.P.C.F. Manual'of Practice No. 9 shall apply. Sec. 7. Whcnever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. Exceptions will require a special permit upon submittal of approved plan. Sec. 8. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or Bound water to a building sewer or building drain -which in turn is connected directly or indirectly to a public sanitary sewer. Any such connections existing on or before S-- eptemb`r 17, 1975, may remain. Any repairs to such Existing drains shall include removal of such connections. , "any variation from this regulation must be a?p-roved by the Superintendent prior to installation. P gc 4 of 1.1