HomeMy WebLinkAbout046-90TOWN OF 'NANTUCKET
BOARD OF APPEALS',
NANTUCKET, MASSACHUSETTS 02554
Date: September 14, 19 90
To: Parties in Interest and Others concernedhof the
Decision of the BOARD OF APPEALS in the App ication
following:
Application-,No.: 046-90 --
Owner /Applicant
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of 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
after
filing an complaint in court within TWENTY (20.) days
this day's 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: Town Clerk
Planning Board
Building Commissioner
illiams,. Chairman
Board of Appeals
Town of Nantucket
Nantucket, MA 02554
AMENDED
DECISION:
The Board of Appeals, at a public hearing held on Friday, July
13, 1990 at 1:00 P.M. in the Town and County Building, Nantucket
made the following Decision upon the Application of John R.
Colbert, Jr. and Cheryl A. Colbert (046 -90)'.
1. This is -a Application for a Variance pursuant to Section
139 -32 requesting relief from Section 139 -1.6A (intensity
regulations/ ground cover ratio) of the Zoning By -Law. The
Applicants seek a variance to allow the merger of two abutting
undersized lots to create one lot still undersized, for zoning
purposes with an enlarged single family dwelling having
approximately 2753 square feet of ground cover. The property owned
by the 'Applicants are Lots 24 and 25, Land Court Plan 5004 -D,
Certificates 10,603 and 11,044, respectively, known and numbered
as 35 and 37 Wanoma Way, and is Zoned LUG III.
2. Based upon a review of the Application, supporting
documents, plans and testimony, the Board finds that the property
consists of two pre- existing non - conforming lots held in non-
contiguous ownership. Applicants have an existing two story
dwelling on one lot and wish to build a predominantly single story
addition extending onto the vacant lot. Under zoning, the
Applicants may build up to 1,500 of ground cover on each lot and
second stories on any structures. If merged, without variance
relief, the Applicants would only be allowed 1,500 square feet on
the two lots combined.
3. Variance relief may be granted to allow the Applicants to
construct one larger single family dwelling on the combined lots
with approximately 2,753 square feet of around cover. The relief
would prevent -construction of another separate single family
dwelling on the now vacant lot, the potential of a full two story
dwelling and more ground cover than is requested by this
application. The Planning Board's recommendation was favorable,
there were numerous letters from abutters in favor of the
application and three abutters in favor of the application were
present at the hearing.
4. The Board finds that the shape of the lots, the-siting of
the existing building thereon, potential erosion along the bank,
and benefit to the neighbors and the public to retain the maximum
water view possible, affects this particular property in a manner
which does not generally affect the LUG III zoning district, and
a literal enforcement of the By -law would involve substantial
hardship to the Applicant and detriment to the neighborhood. The
desired relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from
the intent or purpose of the By -law.
5. The Board, however, does impose the following conditions:
a. the enlarged single family dwelling to be constructed
substantially in conformity with the plans as finally approved by
the Historic District Commission which are presently being
processed by the HDC.
b. Lots 24 and 25 shall be merged as one lot for zoning
purposes and placed on record in the Registry of Deeds.
c. No second dwelling or dwelling unit may be constructed on
Lots 24 and 25 when combined as one lot.
6. Applicants also seek variance to cure a sideline set back
violation of approximately .2 feet. The existing house was
constructed in 1981 and a Certificate of Occupancy was issued in
1982. As -built plans were not required in 1982. The Board finds
that the set back violation is de minimus in nature and variance
relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the
intent or purpose of the by -law.
7. For the reasons and upon the conditions set forth herein,
the Board by a unanimous vote, hereby Grants the Applicants the
requested relief from Section 139 -16 of the (ground cover ratio and
side line set back) Zoning By -law by Variance with respect to 35
and 37 Wanoma Way.
Linda F. Williams
William R. Sherman
Dated:
�n�as
Form 3 -89
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
0 -*W0 " P. 19 go
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application Ho. 046 -90
of: JOHN R. COLBERT, JR. AND CHERYL A. COLI3ERT
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 day's 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.
Li da F. Williams, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
Board of Appeals
Town of Nantucket
Nantucket, MA 02554
Decision:
The Board of Appeals, at a public hearing held on Friday, July
13, 1990 at 1:00 P.M. in the Town and County Building, Nantucket
made the following Decision upon the Application of John R.
Colbert, Jr. and Cheryl A. Colbert (046 -90).
1. This is a application for a Variance pursuant to Section
139 -32 requesting relief from Section 139 -16H (intensity
regulations /ground cover ratio) of the Zoning By -law. The
Applicants seek a variance to allow the merger of two abutting
undersized lots to create one lot still undersized, for zoning
purposes with an enlarged single family dwelling having
approximately 2753 square feet of ground cover. The property owned
by the Applicants are Lots 24 and 25, Land Court Plan 5004 -D,
Certificates 10,603 and 11,044, respectively, known and numbered
as 35 and 37 Wanoma Way, and is Zoned LUG III.
2. Based upon a review of the Application, supporting
documents, plans and testimony, the Board finds that the property
consists of two pre- existing non - conforming lots held in non-
contiguous ownership. Applicants have an existing two story
dwelling on one lot and wish to build a predominantly single story
addition extending onto the vacant lot. Under zoning, the
Applicants may build up to 1,500 of ground cover on each lot and
second stories on any structures. If merged, without variance
relief, the Applicants would only be allowed 1,500 square feet on
the two lots combined.
3. Variance relief may be granted to allow the Applicants to
construct one larger single family dwelling on the combined lots
with approximately 21753 square feet of ground cover. The relief
would prevent construction of another separate single family
dwelling on the now vacant lot, the potential of a full two story
dwelling and more ground cover than is requested by this
application. The Planning Board's recommendation was favorable,
there were numerous letters from abutters in favor of the
application and three abutters in favor of the application were
present at the hearing.
4. The Board finds that the shape of the lots, the siting of
the existing building thereon, potential erosion along the bank,
and benefit to the neighbors and the public to retain the maximum
water view possible, affects this particular property in a manner
which does not generally affect the LUG III zoning district, and
a literal enforcement of the By -law would involve substantial
hardship to the Applicant and detriment to the neighborhood. The
desired relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from
the intent or purpose of the By -Law.
5. The Board, however, does impose the following conditions:
a. The enlarged single family dwelling to be constructed
substantially in conformity with the plans as finally
approved by the Historic District Commission which are
presently being processed by the HDC.
S
b. Lots 24 and 25 shall be merged as one lot for zoAipg [.l'
purposes pZTd, pJAc cot mn record 1-n the Re is try o1F de S c
ax ctw � i U.'ntf � .
C. No second dweiling�niay be nstructed on Lots 24 and
25 when combined as one lot.
6. For the reasons and upon the conditions set forth herein,
the Board by a unanimous vote, hereby Grants the Applicants the
requested relief from Section 139 -16 of the (ground cover ratio)
Zoning By -law by Variance with respect to 35 and 37 Wanoma Way.
Linda Williams /
Wi am R. Sherman
r� . •
r
'ir��i ,/.
• •'
Dated: 1990
Nantucket, MA 02554 At
;l
`TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: , 2 a T , 199/
To: Parties in Interest and.Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:— d y o -9a
Owner /Applicant: c- '� �' �d ? , k-
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket Town
Clerk.
An Aooeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, ?,;assachusetts General Laws.
?:ny action appealing the Decision must be brought by
filing an complaint in court within TWENTY (20) days after
this day's date. Notice of the action with a copy of the
comDlaint and certified copy of the Deci ion :gust be given
to the Town Clerk so as t De regeived thin such �:�=E :TY
(20) days. //J 1
cc: Town Clerk
Planning Board
Building Commissioner
- / „ IV Chairman
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MA 02554
Decision:
The Board of Appeals, at a public hearing held on Friday,
June 14, 1991 at 1:00 P.M. made the following Decision, upon
the request for an Extension of Variance by John R. Colbert, Jr.
and Cheryl A. Colbert (046 -90).
1. This is a request for a six month extension of a Variance
granted in Case No. 046 -90. The Decision was dated August 2, 1990
and filed with the Town Clerk on said date. The property owned by
the Applicants are Lots 24 and 25, Land Court Plan 50004 -D,
Certificates 10,603 and 11,044, respectively, known and numbered
as 35 and 37 Wanoma Way, and is zoned LUG III.
2. The Board finds that the request for extension has been
filed in a timely manner and it is within the Board's discretion
to grant an extension.
3. The Board by a unanimous vote, hereby Grants the Applic-
ants and extension of the Variance for a period of six (6) months
commencing on August 2, 1991.
Dated: June -) 11 1991
Michael O'Mara
C. Marshall Be le
�etQ 6/2Y /F(
Ann Balas
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, JULY 13, 1990 at 1:00 P.M. in the Town and County
Building, Federal and Broad Streets, Nantucket, on the Applica-
tion of JOHN R. AND CHERYL COLBERT (046 -90) seeking first a
VARIANCE (from SECTION 139 -16A) to allow their single - family
dwelling to be enlarged and a second VARIANCE (from SECTION
139 -16C) to validate siting of the dwelling with a 2.2 -foot
intrusion into the 10 -foot side lot -line setback required for a
"lot of record" (Lot 24) predating 1972 zoning, by merging Lot 24
with abutting Lot 25, also said to be a lot of record with
1500 SF ground cover permitted, the proposed addition with 13821
SF ground cover to the e<isting 1371 SF would result in total
ground cover of 2753 SF. Applicants do not wish to construct a
second separate dwelling or build a full second floor on their
enlarged dwelling, preferring that their single dwelling have
a ground cover greater than permitted for the combined, still
undersized lot. The premises are located at 35 and 37 WANOMA WAY,
Assessor's Parcels 92.4 -312 and -313 (Lot 24 and 25 of Land
Court Plan 5004 -D) and are zoned LIMITED USE GENERAL -3.
r
William R. Sherman, Chairman
BOARD OF APPEALS
1990
BoA Form 1 -89 NANTUCKET ZDNCOUNTYABUZLDINGPEALS June Date
NANTUCKET, MA 02554 CASE No.�n
APPLICATION FOR RELIEF
Owner's name (s) : JOHN R COLBERT JR.. and CHERYL A COLBERT -
Mailing address: 166 Winding River Road Wellesley, MA 02181
Applicant's name:
Mailing address:
E
Location of lot: Assessor's map and parcel number 924 -312 and 313
Street address: 35 and 37 Wan
Registry Land Ct Plan, XWXXwXn%xomxRJcY7XXRkR% Snn4 -n Lot24 and 25
CERTIFICATE 10,603
Date loO4cquired: 2_1 ���� _� _- Zoning district LUG III
Date'lot 25 " 1/31 /84 CERTIFICATE 11,044 MCD ?NO
Uses on lot - commercial: None X_ or
- number of: dwellings londuple 4 apartments_ rental rooms_
Building date(s): all pre - 8/72? lam_ or
Building Permit appl'n. Nos.
Case Nos. all BoA applications, lawsuits: NONE
C of O ?yes 2/11/82
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what rounds 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 nonconflorming use). If appeal per 139 -31A
-K -B , attach decision or order appealed. OK to attach addendum .
See attached addendum
Items enclosed as part of this Application: orderl addendum2
Locus map Site plant/ showing present, +planned ;✓ structures
Floor plans present proposed_ elevations (Hpa king data
Listings lot area��frontage� setbacks — GCR parking data
SAssessor- certified addressee list 4 sets i/ ma�ling labels 2 sets1/
(If aneappeal, ask Town Nantucket B1dgoComr's'reccord 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. 4/�
SIGNATURE: �J-- Applicant Attorney /agent
3(If not wner or owner's attorney, enclose proof of authority)
FOR BoA OFFICE USE
Application copies recd: 4_ or for BoA on%�Z{ IVbY
i
One copy filed with Town Clerk o n �Q / by C complete ?_
_ //__
One copy each to Planning Bd and Building DepL by
by aived ?_
$200 fee check given Town Treasurer on
Hearing notice poste � �� mailedL � I & M /
Hearings) one_/_ cont'd to_J--/_, _/_/_ withdrawn ?__/--J_
Y��— ��_ filed TC� —/_ mailed��_
Decision due b made
See related cases lawsuits__ other�_��
ADDENDUM TO BOARD OF APPEALS APPLICATION
Applicant requests variance relief pursuant to Section 139 -
32A to merge two (2) pre- existing non conforming lots to create
one (1) large lot with approximately 20,000 square feet, al-
though still non conforming; and to enlarge the existing single
family dwelling by the addition of 1,382 square feet of ground
cover. The total proposed ground cover will be 2,753 square
feet. Under existing zoning the Applicant may construct up to
1,500 square feet of ground cover per lot plus a second floor.
Applicant does not wish to construct a second separate dwelling
or build a full second floor which might obstruct the abutter's
view.
Variance relief is requested to allow the Applicants to use
and combine the ground cover currently permitted on each lot for
slightly less ground cover on one larger combined lot.
In the alternative, Applicants seek variance relief to cure
a side line set back violation of approximately 2.2± feet. The
existing house was constructed in 1981 and a Certificate of
Occupancy was issued in 1982. As -built plans were not required
in 1982.
The Board can make specific findings that there are circumstances
relating to the shape and topography of the land and structures and
especially affecting such land or structure, but not affecting
generally the zoning district in which it is located, a literal
enforcement of the provisions of the by -law would involve substantial
hardship to the applicants. The desirable relief may be granted with
out substantial detriment to the public good and without nullifying
or substantially derogating from the intent or purpose of the by -law.
LAW OFFICES
HOLMES, HAYS & FITZGERALD
35 CENTER STREET
NANTUCKET, MASS. 02554
WAYNE F HOLMES
WILLIAM H. HAYS III
JULIE A, FITZGERALD
AREA CODE 517
228-0052
June 19, 1990
Mr. William Sherman, Chairman
Board of Appeals
Chestnut Street
Nantucket, MA 02554
RE: Application of John R. Colbert, Jr., et ux
Premises: 35 and 37 Wanoma Way
Dear Mr. Sherman:
Enclosed for filing, please find the following:
1. Application plus three copies;
2. Certified Abutter's List plus three copies;
3. Four (4) copies of Land Court Plan 5004 -D;
4. Four (4) copies of the plot plan for Lot 24;
5. Four (4) copies of the proposed site plan of
both lots with the expanded dwelling;
6. Check in the amount of $200.00;
7. Two sets of mailing labels.
Please schedule this matter for hearing on July 13,
1990.
Very truly yours,
Julie A. Fitzgerald
JAF /mc
Enclosures
CC: Mrs. Joanne M. Holdgate, Town Clerk
Mr. & Mrs. John R. Colbert, Jr.
(both with copies)
4 �q� .
BOA Form 1 -89 NANTUCKET TOOWAND COUNTY BUILDING
NAPEALS June , 1990
Date
NANTUCKET, MA 02554 CASE No. --
APPLICATION FOR RELIEF
Owner's name(s): JOHN R. COLBERT I JR. an
Mailing address: 166 Winding River Road,02181
Applicant's name: SAME
Mailing address: SAME {
Location of lot: Assessor's map and parcel number 924 -312 and 313
Street address: 35 and 37 Wanoma Way
Registry Land Ct Plan, FC2=XKKXKXRgX0iMX XX1RkkX 5004 -n Lot 24 and 25
CERTIFICATE 10,603
Date lo0acquired: 2_/_I_/83 mixaxRocK —,— Zoning district LUG III
Date lot 25 1/31 /84 CERTIFICATE 11,044 MCD ?NO
Uses on lot - commercial. None _ or
- number of: dwellings 1ond&'Fje�4 apartments— rental rooms_
2/11/82 f O? es
Building date(s): all pre - 8/72? lam,_ or C o �
Building Permit appl'n. Nos.
Case Nos. all BOA applications, lawsuits: NONE
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what rounds you urge for BOA to make each finding per Section
139 -32A I if Variance, 139 -30A if a Special Permian1139331A
if to alter or extend a nonconforming use). If app eal p er
-&-B — , attach decision or order appealed. OK to attach addendum .
See attached addendum
Items enclosed as part of this Application: orderl addendum2
s
Locus map Site plan �i showing presentT� n
+planed ✓ structures
Floor plans present proposed— elevations (HDS aapproved.N1,)
Listings lot area_1/frontage setbacks JC GCR parking data
Assessor - certified addressee 1st 4 sets , ma�ling labels 2 sets,/
8200 fee payable to Town of Nantucket proof 'cap' covenant
1(If an appeal, ask Town Clerk to send Bldg Comr ss 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. �
Applicant Attorney /agent
SIGNATURE;--t2,-
3(If not caner or owner's attorney, enclose proof of authority)
FOR BOA OFFICE USE
Application copies recd: 4_ or for BOA on_ / _/— by
?
One copy filed with Town Clerk on_J�_, by complete?_
One copy each to Planning Bd and Building Dept_f _/— by
$200 fee check given Town Treasurer on_f_/_ by
waived? —
Hearing notice posted__/_-/— mailed__/__/_ I & M--/--/- -,
Hearing (s) on_/__/— cont' d to_J_/ —, withdrawn ?__/_/—
made filed TC� _/— mailed _j�_
Decision due by_/�— ��-
other
See related cases lawsuits_ --
ADDENDUM TO BOARD OF APPEALS APPLICATION
Applicant requests variance relief pursuant to Section 139 -
32A to merge two (2) pre- existing non conforming lots to create
one (1) large lot with approximately 20,000 square feet, al-
though still non conforming; and to enlarge the existing single
family dwelling by the addition of 1,382 square feet of ground
cover. The total proposed ground cover will be 2,753 square
feet. Under existing zoning the Applicant may construct up to
1,500 square feet of ground cover per lot plus a second floor.
Applicant does not wish to construct a second separate dwelling
or build a full second floor which might obstruct the abutter's
view.
Variance relief is requested to allow the Applicants to use
and combine the ground cover currently permitted on each lot for
slightly less ground cover on one larger combined lot.
In the alternative, Applicants seek variance relief to cure
a side line set back violation of approximately 2.2± feet. The
existing house was constructed in 1981 and a Certificate of
Occupancy was issued in 1982. As -built plans were not required
in 1982.
The Board can make specific findings that there are circumstances
relating to the shape and topography of the land and structures and
especially affecting such land or structure, but not affecting
generally the zoning district in which it is located, a literal
enforcement of the provisions of the by -law would involve substantial
hardship to the applicants. The desirable relief may be granted with
out substantial detriment to the public good and without nullifying
or substantially derogating from the intent or purpose of the by -law.