Loading...
HomeMy WebLinkAbout037-91o ar7 -1 / TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: June ,,2Q , 19 91 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 037 -91 Owner /Applicant: Charles Patrick Fox 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 ^OA, :`iassachusetts General Laws. Any action appealing the Decision must be brought by filing :ig an complaint i n CQL2rt �+ithi n TWENTY ( 20 ) days of ter this day's date. Notice of the action with a copy of the complaint. and certified copy of the Decision rust be given to the Town Clerk so as to he received Within such TOV -7NITY (20) days. r C R, bert J. Le' hter,Chairman cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 Map 49 -3 -2 14 Sconset Avenue Parcel 24 R -2 At a Public Hearing of the BOARD OF APPEALS held at 1:00 P.M., Friday, June 14, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of CHARLES PATRICK FOX, of 225 West 106th Street, New York, N. Y. 10025, Board of Appeals File No. 037 -91, the Board made the following DECISION: 1. Applicant is seeking a Special Permit under Section 139 - 16C(2) of the Zoning Bylaw to validate an unintentional front yard setback intrusion of less than five (5) feet into the required thirty (30) foot setback from Sconset Avenue resulting from the construction of a four (4) foot wide deck on that side of the structure. The building was constructed in 1989 and received a Certificate of Occupancy. The premises are located at 14 SCONSET AVENUE, Assessor's Map 49.3.2, parcel 24, as shown on Land Court Plan 41,016A, Lot 1. The property is zoned R -2. 2. Our decision is based upon the application and documents filed therewith, the testimony and evidence presented at the hearing, letters in support of the application from abutters, no letters or testimony in opposition, and a favorable recommendation from the Planning Board. 3. The Applicant presented evidence that the plot plan submitted to the Building Department, upon which issuance of the Certificate of Occupancy was based, was, in turn, based upon a mortgage plot plan done before the deck was constructed and showed no zoning violation, and the applicant was assured by his builder that the building would comply fully with all applicable zoning requirements when constructed according to the plans originally submitted to obtain the Building Permit, which showed the deck. 4. At the time the Certificate of Occupancy was issued, structures were required to meet the front yard setback requirement from one street only, and the building does meet that distance on one side. 5. The building was sited by the contractor in the present location in order to align with other structures on the same street. 6. The Board finds that the intrusion in to the setback was unintentional, is not greater than five (5) feet nor closer than four (4) feet from a lot line, and that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion. 7. The Board, by unanimous vote, GRANTS the Special Permit requested under §139- 16C(2) of the Zoning Bylaw to validate the setback intrusion up to three (3) feet into the required setback from Sconset Avenue with the following condition: A. no further building shall be permitt within the setback without modifica 'o o th' pecial Permit. Date:- ober Leichter l Iffinda F. Williams Ann Balas C. Marshall Beale *J-4 Ka e Mitc ell ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held at 1:00 P.M., Friday, June 14, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: CHARLES PATRICK FOX Board of Appeals File No. 037 -91 Applicant is seeking a Special Permit under Section 139 - 16C(2) of the Zoning Bylaw to validate an unintentional front yard setback intrusion of less than five (5) feet into the required thirty (30) foot setback from Sconset Avenue resulting from the construction of a four (4) foot wide deck on that side of the structure. The building was constructed in 1989 and received a Certificate of Occupancy. The premises are located at 14 SCONSET AVENUE, Assessor's Map 49.3.2, parcel 24, as shown on Land Court Plan 41,016A, Lot 1. The property is zoned R -2. c obert J. Leldhter, Chairman BeA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS May 9, 1991 TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE N00�? APPLICATION FOR RELIEF Owner's name(s): Charles Patrick Fex Mailing address: 225 West 106th Street, Apt. #16 -L Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel - number - 49.3.2. - 24 Street address: 14 Sconset Ave., Siasconset Registry Land Ct Plan, P�1- a--- �g-�1--'� 4ioi6A Lot 1 Cert. No. 12,701 R -2 Date lot acquired: ��_ Deed Ref _, Zoning district Uses on lot - commercial: None X or MCD? - number of: dwellings duplex apartments rental rooms Building date(s): all pre -8/72? Building Permit appl'n. Nos. Dec. 18 87 Case Nos. all BoA applications, lawsuits: 0 C of 0 ?fly 1989 #5808 -89 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 I3oA 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 use). If appeal per 139 -3JA attach decision or order appealed. OK to attach addendum . See Addendum Items enclosed as part of this Application: orderl addendum2 X Locus map Site plan X showing present +planned 'structures Floor plans present proposed elevations (HDC approved ?_) 18,804 Listings lot area frontage setbacks GCR parking data 8/10/88 Assessor - certified addressee IlEt 4 sets majling labels 2 sets_ 200 fee payable to Town of Nantucket X proof 'cap' covenant (If an appeal, ask Town Clerk to scnJ---E3ldg ComrTs 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 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE ' /'�� , ^� a, ADDENDUM 1991 To: Nantucket Zoning Aoard of Appeals From: Charles P. Fox 14 Sconset Ave Siasconset, MA. Subj: Application for Special Permit 1. Although my house at 14 Sconset Avenue was granted a C of O in July of 1989, it has recently become apparent to me that the house intrudes 2.4 feet into the R -2 required 30 foot setback, and I wish to secure a Special Permit, if possible, to reduce said 30 foot setback distance by 2.4 feet in order to validate this unintentional setback intrusion.(Nantucket Zoning Code, Sec. 139- 16(C)2.) 2. When the surveyor drew up the as built plot plan in late 1988, the four foot deck on the front of the house contemplated by the house plans had not yet been constructed. Although the house itself was set back 31.6 feet from the front line, the eventual construction of the four foot deck caused the intrusion. The builder told the owner that the HDC had urged him to site the house in such a way as to match the other house setbacks on Sconset Avenue and that that had made it closer to the thirty feet setback than he would have preferred. Nevertheless, he assured the owner that there was no problem with the setback, that his measurements had been accurate, and that the C of O would be obtained. It was; and only recently has the owner become fully aware of the problem. 3. In the owner's opinion, there would only be two other possible ways to correct the intrusion: (1) to destroy the deck and uproot the plantings in front of it, and erect a 1.4 foot deep stair to the front door, or (2) to destroy the deck and uproot plantings, put a window where the front door is now located and move the door around from its western orientation to a southern one. with a new stairway coming up to the door from said southern side. In the owner's opinion, neither solution would be suitable, partly because of the financial requirements that would be involved, but mainly because of the inappropriate (to both owner and, it is felt, to abutters) final appearance -- unbalanced, cut off and unfinished looking -- of the housefront that would result. 4. It is felt that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion, and the owner respectfully requests relief in the form of a Special Permit. 5. The premises are located at 14 Sconset Avenue, Siasconset, Assessor's Map and Parcel number 49.3.2 -24, and is zoned Residential 2.