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HomeMy WebLinkAbout016-91TOWN OF NANTUCKET BOARD OF APPEALS Nantucket, Mass. 02554 ©t(10 -1/ fna, � 2 a, / ??I To: Parties in Interest and Others concerned with the pecision of the BOARD OF APPEALS in the Application of the following: Application No. 016 -91 Owner /Applicant: STEPHEN A. LINDSAY and BRENDA NOLL LINDSAY 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 Complaint in court w Notice of the action copy of the Decision received within such the Decision must be brought by filing a ithin TWENTY (20) days after this day's date. with a copy of the Complaint and a certified must be given to the Town Clerk so as to be TWENTY ( 2 0 ) days. a� cc: Town Clerk Planning Board Building Commissioner Robert (J. t'Leichter /1zliz, If BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS Decision: At a public hearing of the Nantucket Board of Appeals, duly held on March 8, 1991, at 1:00 P.M., at the Town and County Building, Federal and Broad Streets, Nantucket, the Board made the following decision upon the application of STEPHEN A. LINDSAY and BRENDA NOLL LINDSAY (016 -91): 1. This is an application for special permit relief under Nantucket Zoning By -law Sections 139- 16.C(1) or 16.C(2), to validate the siting of an existing dwelling extending into the required side yard setback of the applicants' lot. The subject property (the "Locus ") is situated at 43 Tennessee Avenue, Madaket, is approximately shown on Nantucket Assessor's Map 59.4 as Parcels 260, 309, 310 and 314, consists of Lots 141, 143, 144 and 153 on Land Court Plan 3092 -S, and is situated in a RESIDENTIAL -2 zoning district. 2. Based upon the application, the materials presented to us, and representations at our public hearinn; wcz find that the Locus consists of four lots as shown upon a 1927 Land Court plan, which together have an area of about 33,153 square feet. Since minimum lot size in this district is 20,000 square feet, these adjacent parcels comprising the Locus must be considered as merged together as one lot for zoning purposes. The applicants C.^.nstruc+ '° l - f l a l l �w r �cu u uiitg �.c ialiii iy --A L i ilg lA!✓V 11 LLle LIJ t,; UZ) UZ. r J LL ant t'J building permits issued in _198-4, and a Certificate of ncc'.:pa. ...C.' was issued by the Nantucket Building Department in 1985. The applicants have had a plot plan of their lot recently prepared by Hart- Blackwell & Associates, Inc., dated February i5, i991, a reduced copy of which is attached hereto as Exhibit A. As shown upon Exhibit A, the Setback of the A l l • �-L r r,, om r, e11111g u&VL& L-AL C LVCUJ 1L V.. ll the northeasterly boundary of the Locus with L Street is, at its Closest point, about 6.2 feet. Side and rear yard setback i.1 this Residential -2 district is required to be a minimum of 1D feet. 3. L Street is unconstructed as a street or way, notwithstanding that it is shown upon Land Court Plan 3092 -5, dated June 23, 1927. Under the definition of "Yard, Front" in our By -law, front yard setback in this district is measured from the line of each "street" abutting a lot. A "street" is a public or private way on record at the Registry of Deeds which affords a principal and adequate means of access to property abutting such way, or a way shown upon a subdivision plan approved and endorsed under the Subdivision Control Law. L Street clearly does not provide a "means of access" to any lot, nor is it shown upon a plan endorsed under the Subdivision Control law. While ways shown upon pre -1952 Land Court plans are considered under the Subdivision Control Law as having all the benefits of approval -1- under such Law, by virtue of Massachusetts General Laws, c.41, §81FF, the fact is that Plan 3092 -S is not a subdivision plan so approved and endorsed, and therefore L Street does not come within our definition of "street ". Therefore, the applicable setback required to be maintained from L Street is 10 feet, the side and rear yard setback in this district. 4. Under By -law Section 139- 16.C(1), we are empowered to grant a special permit to reduce the required side and rear setback distance of 10 feet down to as little as 5 feet. Also, under Section 139- 16.C(2), we may grant special permit relief to validate unintentional setback intrusions not greater than 5 feet into a required yard and not closer than 4 feet from a lot line, if we find that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion. We find in this case that the setback intrusion was unintentional, based upon the representations of the applicants and the absence of any advantage to them from the siting as built, by comparison to the permitted location. The abutter across L Street has contacted us and expressed support for the application; based upon this, together with the other facts before us, we find that the burden of correcting the intrusion substantially outweighs any advantage to an abutter from its elimination. 5. Accordingly, we find that the special permit as requested is in harmony with the general purpose and intent of the By -law, and grant this application, issuing a special permit to validate the siting of the existing building upon the Locus under By -law Sections 139- 16.C(1) and 16.C(2), in.- .conformity with Eh b L T L TTfi1ANT MHO" L "•x!l �IJZ I. H hereto, by ... .. _.__L�`i�_'J VS Dated: #kt&dA, o? '2- , 1991 ejw /8 /LINDSDEC Dale W. Waine v C. Marshall Beale r.vv'v If � A1__ -- Ann G,. Balas Pet r ooley If el fir. NOTICE A public hearing of the BOARD OF APPEALS will be held on FRIDAY, MARCH 9, 1991 at 1:00 P.M. in the TOWN and COUNTY BUILDING, FEDERAL and BROAD STREETS, NANTUCKET, on the Application of STEPHEN A. LINDSAY and BRENDA NOLL LINDSAY ( 016 -91) seeking Special Permit relief pursuant to Section 139- 16.C(1) to reduce the ten -foot side and rear lot setback distance in an R -2 district from 10 feet to 5 feet, in order to validate the siting of the dwelling upon the premises, located 6.2 feet from the rear yard line. In the alternative, applicant requests Special Permit relief pursuant to Section 139- 16.C(2) to validate setback intrusion, said to be unintentional, not greater than 5 feet into the required setback and not closer than 4 feet from a lot line. The premises are located at 43 Tennessee Avenue (Assessor's Parcel 594 -310), Land Court Plan 3092 -S, Lots 141, 143, 144 and 153, and are zoned RESIDENTIAL -2. BOARD OF APPEALS kah /11 /LINDSAY 4411. 6x; BOA Form 1 -89 NANTUCKET ZONING BOARD APPEALS D OOWDCOUNTY BUILDIN Ct NANTUCKET, MA 02554 CASE No '(1 �1 APPLICATION FOR RELIEF Owner's name(s): Stephen A. Lindsay and Brenda Noll Lindsay Mailing address: c/o Reade & Alger P.C., P.O- Box 2669, Nantucket, MA 02584 Applicant's name: Ste hen A. Lindsa and Brenda Noll Lindsa Mailing address: c/o Reade & Alger P.C., P.O. Box 2669, Nantucket, MA 02584 Location of lot: Assessor's map and parcel number 594-310 Street address: 43 Tennessee Avenue .,. n o� �+, �'+�� 3092 -5 Lots 141, 143, 144 Registry Land Ct Plan, ._a WE a-ffd 153 Date lot acquired: �_ 90 ert f i, Zoning district R -2 Uses on lot - commercial: None X or MCD? — - number of: dwellings 1 duplex— apartments— rental rooms — C of O? 3352 -85 Building date(s): all pre -8/72? No or — Building Permit appl'n. Nos. 3352 -84 and 3456 -84 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 X if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3�A & g _ attach decision or orderl appealed. OK to attach addendum . Applicant requests Special Permit relief pursuant to Section 139- -16.C(1) to reduce the ten -foot side and rear lot setback distance in an R -2 district from 10 feet to 5 feet, in order to validate the siting of the dwelling upon the premises, located 6.2 feet from the rear yard line. In the alternative, applicant requests Special Permit relief pursuant to Section 139- 16.C(2) to validate an unintentional setback intrusion not greater than 5 feet into the required setback and not closer than 4 feet from a lot line. Items enclosed as part of this Application: X rdenned addenductures Locus map X Site plan X showing present p la Floor plans present proposed— elevat of ns (HDarkinroved? ) Listings lot area frontage setbacks GCR parking data Assessor- certifieg addressee list 4 sets �maling labels covenant� 8200 fee payable to Town of Nantucket X proof T'cap' 1(If an appeal, ask Town Clerk to sennBldg 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 pe ' r,. ) — SIGNATURE: L Applicant Attorney /agent X 3(If not owner or owner's attorney, enclose proof of authority) FOR BOA OFFICE USE q/ Application copies recd: 4✓ or_� for CB�o�A on��rt bY�� One copy filed with Town Clerk on_ /� by�C� /complete ? - One copy each to Planning Bd and Building Dept_J�X y� b� waived? — $200 fee check given Tow7 /n �Ty /reasurer on Hearing notice poste��l� �- mailed & -/- �--� Hearing (s) one_/_, cont' d to_/--/_, _/ —/— withdrawn ?��_ Decision due by__/__/_ made _J_ filed TC _J__/_ mailed _j__/._ See related cases lawsuits other /omo/ -ow/�// -