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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.