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Home My WebLink About043-89File No. 043 -89 0 4-�3 - SP4? TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 September 7 1989 To: Parties in interest and others Re: Decision in the Application of DAVID, PETER AND ALLISON MACKAY 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. f, 4LL Z William R. Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk F NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION: At a public hearing on Friday, August 18, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the application. (043 -89) of David, Peter and Allison MacKay having an address of 25 Monohansett Road, Nantucket, Massachusetts 02554, the Nantucket Zoning Board of Appeals made the following DECISION: 1. Applicants' seek a Variance from the 12 -foot front to rear spacing requirement of Zoning By -Law Section 139- 7A(2)(b) to validate the location of a two (2) story secondary dwelling on the Lot without the required spacing from the existing principal dwelling on the Lot. 2. The premises are located at 25 Monohansett Road, Assessor's Parcel 79 -112, Lot 2 of Land Court Plan No. 39913 -A and zoned Limited Use General -2. 3. Our findings are based upon the application papers including site plan prepared by Milton Rowland, As -Built Plan, Assessor's Plan and representations and testimony received at our hearing. 4. The Applicants' lot has an area of approximately .92 acres and is non - conforming as to minimum lot size for the LUG -2 Page One zoning district which requires a minimum size of 80,000 square feet. We specifically find, however, that the lot has been held in ownership separate and apart from other adjoining land in this zoning district from a time prior to the effective date of the Nantucket Zoning By -Law to date and the lot is a non - conforming, buildable lot of record. Of particular significance is the shape of the lot; it is irregular in shape and different in shape from other lots in this particular zoning district. The significant topographical feature of the lot is the presence of a large group of pine trees in the southwest corner of the lot. 0 5. At our hearing, Applicant David MacKay stated that he was not aware of the 12 foot spacing requirement when he sited the secondary dwelling on the lot and he located the secondary dwelling in its present location to preserve a large group of pine trees in the southwesterly corner of the lot. Although we construe the provisions for secondary dwellings strictly, we specifically find that given the fact that the secondary dwelling has already been constructed, the Applicants would suffer a significant hardship if the requested Variance relief were not granted. The Applicants are unable to obtain a Certificate of Occupancy iul the secondary.,dwelling without the requested relief. Moreover, we specifically find that given the unique shape of the lot and its unique topographical features, a grant of variance relief in these circumstances will not Page Two substantially derogate from the intent and purpose of the Nantucket Zoning By -Law. We note that the Nantucket Planning fK Board voted a favorable rec¢gfiendation for the requested relief and this Board received no opposition to the requested relief. For the reasons given, we are able to make the findings necessary for Variance relief. The hardship arises from the unique shape of the lot. We hereby GRANT the Variance relief requested by the Applicants by a vote of 4 in favor (Leichter, O'Mara, Dooley and Williams) and 1 opposed (Sherman). Dated:.VenW, 1989 I BERT(LEIPHTER ICH EL O'MARA IRM WILLIAM SHE Page Three NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 August 3, 1989 NOTICE A public hearing of the Board of Appeals will be held on Friday, August 18, 1989, t 1:00 p.m. in the Town and County Building, Nantucket, on the Application of: DAVID, PETER and ALLISON MacKAY Board of Appeals File No. 0L)3-89 seeking a Variance from the 12' front -to -rear spacing required by Section 139- 7A(2)(b) betwf.,,n primary and secondary dwellings on a lot. An as -built plan shows the dwellings constructed without a front -to -rear spacing. The premises are at 25 Monohansett Road, Assessor's Parcel 79 -112, Land C lirt Plan 39913 -A, Lot 2, zoned Limited Use General -2. r � William R. Sherman, Chairman BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 7/27$4 -- _ TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 (_(/ ; APPLICATION FOR RELIEF CASE No I'C owner's name(s): David MacKay Peter MacKay and A11iGnn MnrKa - - -- Mailing address: P.O. Box 2443, Nantucket, Massachusetts—Q-?-584 _ __- Applicant's name • David MacKay Mailing address: same Location of lot: Assessor's map and parcel number 79 -_ 112 Street address: 25 Monotiansett Road Registry Land Ct Plan, )=?iX1 AAX1X)F4XIDXXXp1WKXXi)JV 39913 -A Lot 2 Cert, of Title Date lot acquired: 2j � 80 L�Xi}C}4I 11588 7.oning district _� ll�2 Uses on lot - commercial: None X or - number of: dwellings 2 duplex Building date(s) : all pre -8/72? No or Building Permit appl'n. Nos. MCD? apartments_ rental rooms Case Nos. all BoA applications, lawsuits: C of O? yes(primary) --No (secondary) 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 -3 A & B , attach decision or order appealed. OK to attach addendum . The applicant seeks a Variance from Section 139- 7A(2)(b) which requies that the secondrdy dwelling on the lot be at least twelve (12) feet behind the rear building line of the primary dwelling. The secondary dwelling is complete and was mislocated on the lot inadvertently by the applicant. The shape and location of the dwellings on the lot are unique, failure to grant relief will cause the Applicant a severe hardship, and a grant of the requested relief will not undermine the intent of the Zoning By -Law. Items enclosed as part of this Application: orderl addendum2____ Locus map X Site plan X showing presentT X +planned structures Floor plans present proposed_ elevations (11DC aapproved ? _X_) Listings lot area .92 frontage 175 setbacks 10_ GCR parking data Assessor- certified addressee list 4 sets ma}31ing labels 2 sets_ $200 fee payable to Town of Nantucket proof 'cap' covenant___ (If an appeal, ask 'Down Clerk to send Bldg Comr's record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. �• _ SIGNATURE: L ``" pplicant Attorney /agent X 3 David Ma ay by is Attorne Kevi F. Dale (If not owner or owner's attorn�ji, evn1c se proof of authority) FOR E3oFj OFFICE USE ,��j Application copies reed: 4_ or_ for BoA on7� boby One copy filed with Town Clerk on�/Y/�by_ complete? l/ one copy each to Planning I3d and Building Deptp,p f /q/oby,� $200 fee check given Town Treasurer on O� [leariny notice p osted mailed v —� �My��+/L3�OA ��/� � S1 & i Q a�ivGe�d O ?_ - tiearing(s) on�� cont'd to_-J--/__, withdrawn ?__J_ /___ Decision due by��_ made---//__J_ filed TC__j__J_ mailed__J__J__ See related cases lawsuits other 0 0 ry O-,3 133 I LP 10 Ln X- ru ti 0 LU 11-1 0 J- IP Va 92 z z � c c C) z z z i * I a C: C-)>:r SO > X r- Z r MMM m >> > Z Z m rol) > Ln LOP 0 A 0 T 0 0 mo> m m mm 03 > 0 31 n Va 92 z z � c c C) z z z i * I a C: C-)>:r SO > X r- Z r MMM m >> > Z Z m rol) > Ln LOP 0 A 0 0 03 > 31 CJ cn o,(r BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, NA 02554 Owner's name(s): Mailing address: Applicant's name: Mailing address: CASE No. - APPLICATION FOR RELIEF David MacKay, Peter MacKay and All;cnn Maw P.O. Box 2443, Nantucket, Massachusetts 02584 _ David MacKay same Location of lot: Assessor's map and parcel number 79 - 112 Street address: 25 Monohansett Road Registry Land Ct Plan, )fX A=M kX)kXMgXlC)AXXRjMKXXxltV 39913 -A Lot 2 Cert, of Title Date lot acquired: 80 Mg 11,$88 Zoning district —LI1-G--2 Uses on lot - commercial: None X or MCD? - number of: dwellings 2 duplex_ apartments Building date(s) : all pre -8/72? No or Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: rental rooms_ C of O? yes(primary) -- No (secondary) 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 -3�A & B , attach decision or order appealed. OK to attach addendum . The applicant seeks a Variance from Section 139- 7A(2)(b) which requies that the seconardy dwelling on the lot be at least twelve (12) feet behind the rear building line of the primary dwelling. The secondary dwelling is complete and was mislocated on the lot inadvertently by the applicant. The shape and location of the dwellings on the lot are unique, failure to grant relief will cause the Applicant a severe hardship, and a grant of the requested relief will not undermine the intent of the Zoning By -Law. Items enclosed as part of this Application: orderl addendum2 Locus map X Site plan X showing present __X_ +planned structures Floor plans present_ proposed_ elevations (hDC aapproved ? _X_) Listings lot area .92 frontage 175 setbacks 10 GCR parking data Assessor-certified—addressee list 4 sets maA.ling labels 2 sets__ 5200 fee payable to Town of Nantucket proof 'cap' covenant_ _ (If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjurY,- /, SIGNATURE: ' "` Applicant Attorney /agent _X_ David Ma ay by Ais Attorne Kevi F. Dale 3(If not owner or owner's attornwy, encnlose proof of authority) FOR BoA OFFICE USE Application copies recd: 4_ or for BoA on__/__J_ One copy filed with Town Clerk on e_/_ by complete ?____ One copy each to Planning Bd and Building Dept_J__J_ by $200 fee check given Town Treasurer on_ /__/_ by waived ?___ Hearing notice posted__/___/_ mailed__/__/_ I & M__/__J_, Ilearing(s) on _j_/_ cont'd to_/__J_, �_/_ withdrawn ? _/_j_ Decision due by_/__J_ made /_ _J_ filed TC__J_/_ mailed__J__J _ See related cases lawsuits other 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 -4455 FAX (508) 228 -3070 July 27, 1989 HAND DELIVERY Mr. William Sherman, Chairman Nantucket Board of Appeals Town and County Building Nantucket, Massachusetts 02554 RE: David MacKay Variance Application Dear Chairman Sherman: Enclosed herewith for filing on behalf of my clients, Mr. and Mrs. Peter MacKay and David MacKay, is an application for Variance relief from the second dwelling separation requirement set forth in Section 139- 7A(2)(b) of the Zoning By -Law. I also include copies of the plan showing the existing structures on the lot, locus plan, certified list of abutters, and filing fee check in the sum of $200.00 made payable to "Town of Nantucket." This letter will serve to confirm that I have hand delivered copies of the application package to the Town Clerk, Planning Board and Building Commissioner. Please place this matter on the agenda for the Mr. William Sherman, Chairman July 27, 1989 Page Two next Board of Appeals meeting let me know if you require any Thank you. KFD /bal Enc. cc: Mr. and M Mr. David Nantucket Nantucket Nantucket rs. Peter MacKay Town Cle Planning Building on August 18, 1989 and further information. Sincerely, MacKay r V Board Commissioner C5 0 ru -,3 133 LU O Ln ru ti C5 0 Lu n- o .r a'3 ,9 C, z z z 1g 10 0 > C:r O>M ;r, r- Z rn rn m M i:D < U) (A DD-+Z C) z (1) m r- Cil CIO 0 A 0 - O -n N) 00 -im m DO Mn > ci mm 0 ,9 C, z z z 1g 10 0 > C:r O>M ;r, r- Z rn rn m M i:D < U) (A DD-+Z C) z (1) m r- Cil CIO 0 A 0 - 0 q N) CD > ci m cn