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Home My WebLink About036-89NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June 1989 File No. (036 -89) To: Parties in interest and others Re: Decision in the Application of WILLIAM R. AND JEAN D. SHERMAN 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 appealing the decision must be brought by filing a complaint in court within twenty (20) 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. cc: Building Commissioner Planning Board Town Clerk William R. Sherman, Chairman NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MA 02554 At a public hearing on Friday, May 26, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application (036 -89) of WILLIAM R. and JEAN D. SHERMAN having an address at 15 Gay Street, Nantucket, MA 02554, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicants seek a Variance from the 10 -foot side lot line setback requirement of zoning Bylaw Section 139 -16C to allow an existing 11' x 12' observation platform or viewing deck to remain atop a primary coastal bank after a transfer out of common ownership of adjacent Lots 1 and 2 divided by a lot line through the deck. The variance is also sought to allow a single- family dwelling to remain along such lot line for up to 40 days after such transfer before being moved to a conforming site. 2. The premises are at 31 Nonantum Avenue, Surfside, Assessor's Parcel 87 -049, Plan Book 18, Page 99, zoned Residential -2 (and Limited Use General -3 below the bank). 3. Our findings are based upon the Application papers including 5/4/89 plot plan endorsed "Approval not required" by the Planning Board on 5/22/89, and testimony and representations received at our hearing. 4. We find that Applicants' parcel now comprises 85,620 SF or about 2 acres of land. According to the ANR plan, a demising line halfway between the east and west side lot lines will pass directly through the house to be moved, also through the viewing deck which is set back from the Atlantic Ocean beach atop the bank. Applicants are understood to plan relocating the house onto the easterly Lot 2 if, and within forty days after, Lot 2 is transferred out of common ownership with Lot 1 to the west. That house and the deck are represented as constructed in 1983 with their present sitings. 5. Since Lots 1 and 2 will respectively have areas of 45,385 and 40,235 SF, each meets the current minimum 40,000 -SF Board of Health requirement for one single- family dwelling with septic system on a lot. 6. Applicants rely on topography of the premises as the circumstance on which their claim of hardship is based, necessary for Variance relief. Both the deck and the house to be moved fall on the demising line which nearly divides the existing parcel into equal lots. (A shed constructed to provide an off - season garage plus storage and > File No. 036 -89 occasional in- season overflow sleeping space for the other, smaller house is to remain with that house on Lot 1 but requires a 30' easterly deviation of the demising line to remain outside the required 10' setback.) 7. Since the viewing deck must remain at the top of the bank to serve its existing function, it would have to be re -sited to another place at the top of the bank out of the required 10' setback from the demising line in order to conform with zoning. But such re- siting would contravene the regulations enforced by the Conservation Commission. Any move of the deck would unsettle an existing vigorous stand of American beach grass around it. Applicants propose that the deck be shared by Lots 1 and 2 and that the single,,existing path past the deck down to the beach likewise be shared to minimize disturbance of the bank and the newly forming dune below it. 8. The combination of coastal bank topography and mid - parcel siting of the deck so as to be cut by the usual mid - parcel demising line affords the requisite uniqueness in this zoning district for our finding of hardship, financial and personal, absent the requested Variance relief. To have only one dwelling or dwelling unit per lot within 40 days of the lots' transfer out of common ownership would bring the premises into better harmony with the zoning Code. 9. We are able, therefore, to make the findings requisite for granting Variance relief, including hardship and that the relief desired may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Bylaw. Relief is, however, conditioned on there being only one dwelling or dwelling unit on each of Lots 1 and 2 after they are transferred out of common ownership. 10. Accordingly, by unanimous vote, this Board grants to Applicants the requested Variance, subject to the above condition, to allow the viewing deck to remain after the ownership of Lots 1 and 2 is divided and the house to remain thereafter for up to 40 days before being moved to a conforming site. / 2 f !C. v NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 May 11, 1989 NOTICE A public hearing of the Board of Appeals will be held on Friday, May 26, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application of: WILLIAM R. and JEAN D. SHERMAN Board of Appeals File No. 03089 seeking a variance from the 10 -foot side lot line setback requirement of Section 139 -16C to allow an existing 11' X 12' observation deck to remain atop a primary coastal bank after a transfer out of common ownership of adjacent lots divided by a lot line through the deck, also to allow a single- family dwelling to remain along such lot line for up to forty days after such transfer before being moved to a conforming site. The premises are at 31 Nonantum Avenue, Assessor's Parcel 87 -049, Plan Book 18, Page 99, zoned Residential -2 (and LUG -3 below the bank). � 17/�z William R. Sherman, Chairma BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING I WANTUCKE7, MA 02554 CASE No. 1-3(-0--�L4 APPLICATION FOR _RELIEF owner's name(s): Mailing address: Applicant's name: Mailing address: Location of lot: Assessor's map and parcel number Street address: Registry Land Ct Plan, Plan Bk- & ---pg or Plan File Lot Date lot acquired: Deed Ref G% Zoning district X�- ^f Uses on lot commercial: None / or MCD? A - number of: dwellings / duplex_ apartments rental rooms ' ' ;� 1 1 - C of 0? Building date(s): all pre-8/72? or / ,�' `� Building Permit appl1n. Nos. Case Nos. all BOA applications, lawsuits: 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 if Variance, 139-30A if a Special Permit (and 139-33A if to alter or extend a nonconforming attach decision or order a use). If appeal per 139-3JA ppealed. OK to attach addendum enclosed as part of this Application: orderl addendum2 -1an ✓ showing present j,-, +planned structures -lp-vatl-ons_ (HDC approved?_) _ narking data sets nant BOA.) -itially -nd NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 May 11, 1989 NOTICE A public hearing of the Board of Appeals will be held on Friday, May 26, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application of: WILLIAM R. and JEAN D. SHERMAN Board of Appeals File No. 0 -89 seeking a variance from the 10 -foot side lot line setback requirement of Section 139 -16C to allow an existing 11' X 12' observation deck to remain atop a primary coastal bank after a transfer out of common ownership of adjacent lots divided by a lot line through the deck, also to allow a single- family dwelling to remain along such lot line for up to forty days after such transfer before being moved to a conforming site. The premises are at 31 Nonantum Avenue, Assessor's Parcel 87 -049, Plan Book 18, Page 99, zoned Residential -2 (and LUG -3 below the bank). Acting Chairman