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HomeMy WebLinkAbout056-91TOWN OF NANTUCKET ZONING BOARD OF APPEALS Nantucket, Mass. 02554 0560 -9/ To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 056 -91 Owner /Applicant: CLAUDE H. McMASTER, JEAN F. McMASTER, JAMES B. McMASTER, DAVIS G. McMASTER, SUSAN JEAN McMASTER, and STEPHEN C. McMASTER, owners, and CAROLYN JEMISON, contract purchaser 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 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 a certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (2 Date: cc: Town Clerk Planning Board Building Commissioner DECISION: TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 The Board of Appeals at a public hearing held on Friday, August 23, 1991 at 1:00 P.M. in the Town and County Building, Nantucket, made the following Decision on the Application (056 -91) of CLAUDE H. MCMASTER, ET AL (for title see Certificate of Title No. 6274). 1. The Applicants are seeking relief by Variance under Section 139 -32A from the requirements of Section 139 -16A (Intensity Regulation - setback) to reduce the front yard setback from Western Avenue from thirty (30) feet to twenty -four (24) feet and the front yard setback from School Street from thirty (30) feet to eighteen (18) feet and by Special Permit under Section 139- 16C(1)to reduce the required side /rear yard setback along the westerly property lot line from ten (10) feet to five (5) feet. The relief is necessary to permit the Applicants to construct a 768 SF single family garage apartment on a lot said to pre -date zoning. In the alternative, as to School Street, Applicant requests a finding that School Street is not a "Street" as defined in Section 139 -2 and that the setback required is ten (10) feet on that side of the lot. The premises are located at 26 Western Avenue, Assessor's Map 87, Parcel 77, as shown on Land Court Plan 8597 -F, Lot 6 and is zoned Residential -2 /Limited Use General -2. 2. Our findings are based upon the Application papers, correspondence, plans, representations and testimony received at thE! hearing on August 23, 1991. 3. We find that the existing lot, which was created in 1956 has been held in separate ownership. It is 50 feet wide and extends to the ocean. The property is bounded by School Street to the east and Western Avenue to the north, both of which are public ways shown on the Land Court Plan. If a front yard setback is measured from both School Street and Western Avenue, given the ten foot side yard setback from the adjoining lot, only a 10' wide structure would be possible on the lot. The Applicants request that the setback from School Street be diminished from 30 to 18 feet, which relief may be granted by a Variance under the Zoning By -Law. The Applicants also request that the side yard setback be reduced from 10 feet to 5 feet along the westerly lot line, which relief may be granted by Special Permit in this R -2 zone under the Zoning By -Law. At the public hearing, the Board allowed the Applicant to withdraw without prejudicethe requested Variance from the front yard setback off Western Avenue. 4. The extreme narrowness of the lot and the embankment which separates the house site from the beach are unique circumstances (056 -91) -2- relating to the shape, topography and soil conditions which specifically affect this lot but do not generally affect the zoning district. A literal enforcement of the front yard setback provisions of the Zoning By -Law off School Street would render this validly pre- existing lot unbuildable and cause a substantial hardship to the Applicant. It was represented to the Board that the Applicant proposed a structure with no more than 768 square feet of ground cover and a height not to exceed 26 feet at the ridge. Such a structure is consistent with the immediately abutting Jemison house and the Board finds that the relief requested to allow the construction of a house of this size may be granted without detriment to the public good and without nullifying the intent and purpose of the By -Law. 5. There were no letters in opposition to the Application and the concerns raised by abutters present at the meeting were addressed. Further, owners of the property have already installed a well and septic system under a valid Order of Conditions from the Conservation Commission which expires September 5, 1991. 6. With respect to the Special Permit for the reduced sideline setback, the proposed structure's setback is consistent with the separation between other structures in the neighborhood. The Board finds that the side yard reduction from 10 to 5 feet is in harmony with the general purpose and intent of the Zoning By -Law. 7. For the reasons set forth herein, the Board by a UNANIMOUS vote, hereby GRANTS a VARIANCE to the extent necessary under Section 139 -32A from the requirements of Section 139 -16A so as to reduce the required setback from School Street from 30 feet to 18 feet and hereby GRANTS a SPECIAL PERMIT under Section 139 -16C (1) and Section 139 -30 so as to reduce the said yard setback from 10 feet to 5 feet along the westerly boundary on the following conditions: (a) That the ground cover (as defined in the Zoning By -Law; for the structure to be constructed on the Premises not exceed 768 square feet; and (b) That the height of the structure to be constructed on the Premises not exceed 26 feet above grade at its ridge. Dated: September r, 1991 obert J.iLetichter Linda F. Williams C. Marshall Beale Ann Balas Dale W. 'Paine / / LAW OFFICES HOLMES, HAYS & FITZGERALD 35 CENTER STREET P. O. BOX 1108 NANTUCKET, MASS. 02554 WAYNE F. HOLMES WILLIAM H. HAYS III JULIE A. FITZGERALD July 23, 1991 Mr. Robert Leichter, Chairman Board of Appeals Town and County Building Broad Street Nantucket, MA 02554 Re: Application of Claude H. McMaster et al Property Address: 26 Western Avenue Dear Mr. Leichter: Enclosed for filing, please find the following: (508) 228 -0052 FAX (508) 228-8943 1. Application plus three (3) copies; 2. Certified Abutters List plus three (3) copies; 3. Four (4) copies of the site plan; 4. Four (4) copies of the Assessor's Map; 5. Four (4) copies of the Land Court plan; 6. Four (4) copies of the Conservation Commission Order of Conditions; 7. Two (2) sets of mailing labels; and 8. Check in the amount of $200.00. Please schedule this matter for hearing on August 23, 1991. JAF /mc Enclosures CC: Mrs. Joanne M. Holdgate, Bruce Chudwick, Esquire Mrs. Carolyn Jemison Very truly yours, 67 Town Clerk I i ti BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Jul 24 1991 TOWN AND COUNTY BUILDING u9 t. NANTUCKET, HA 02554 CASE NO. -_ APPLICATION FOR RELIEF Owner's name(s): CLAUDE H. MCMASTER JEAN F. MCMASTER STER, ASTER, SUSAN JEAN MCMASTER, STEPHEN C. MCMASTER Mailing address: c/o Bruce Chadwick Fag Tarlow, Levy 6 Dronev Box 877 Applicant's name: Carolyn Jemison Farmington, CT 06034 -0877 Mailing address: 120 Woodland Avenue Rummij, New Jersey 07908 Location of lot: Assessor's map and parcel number 87 - 77 Street address: 26 Western Avenue Registry Land Ct Plan, A'1S80C[I=Xk)X9AMO )W=)ffd" 8597 -F Lot 6 CERT. Date lot acquired: �� 71 Deed 62,76_ Zoning district R -2 /LUG -2 Uses on lot - commercial: None X or MCD7_ - number of: dwellings_ duplex_ apartments_ rental rooms_ Building date(s): all pre -8/72? _ or None C of 0 ?_ Building Permit appl'n. Nos. None 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 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 -31A T-B _ , attach decision or order appealed. OK to attach addendum . 139 -16 -C x SEE ATTACHED ADDENDUM. Items enclosed as part of this Application: orderl addendum2 Locus map _L_ Site plan x showing present +planned x structures Floor plans present proposed_ elevations (HDC aappproved? Listings lot area x�rontage x setbacksx GCR—� parking data_ Assessor - certified addressee Mst 4 sets x ma4ling labels 2 sets J200 fee payable to Town of Nantucket x proof 'cap' covenant (If an appeal, ask Town Clerk to senaaldg ComrTs record to BoA­.-F 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 3(If no ner 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_ /_/_ by complete ?_ One copy each to Planning Ed and Building Dept_ /,_J_ by $200 fee check given Town Treasurer on_f_/_ by waived? — Hearing notice posted _J_ /_ mailed_/-__/_ I i M_/-__/_, ,J_/_ Hearings) on_/ _J_ cont'd to__/_J_, _/_/_ withdrawn ?_ /_/_ Decision due by__/_/_ made_J _/_ filed TC_/ _J_ mailed,_/_J_ See related cases lawsuits other .r ADDENDUM The Applicant proposes to purchase Lot 6 on Land Court Plan 8597 -F (a copy same plan is attached). The fifty (501) foot wide lot was acquired by the current five owners in 1971. The Applicant owns Lot 5 as shown on the same Land Court plan. The Applicant proposes to construct a two car garage with an apartment above with a foot print of 24' x 32' or 768 square feet. This would result in a 4 % ground cover on that portion of the Lot which is zoned R -2. The R -2 zone has an allowable ground cover of 12.5 %. In order to build, zoning relief is requested from the set back requirements. The Lot is bounded on the North by Western Avenue, an improved public way, and to the east by School Street, a forty foot way used for beach access. Under the current Zoning By -Law, front yard set backs are required from both streets. The required 30' set back from School Street and the required 10' set back along the westerly boundary would leave only a 10' strip for a building envelope. The Applicant requests that the set back along the westerly property line be reduced, by Special Permit pursuant to Section 139 -16 -C, (1) from 10 feet to 5 feet. The Applicant also requests that a Variance be granted reducing the set back from School Street from 30 feet to 28 feet. The actual travelled portion of School Street is on the other side of the forty foot Way, a significant distance from the lot line. The Applicant also request that a Variance be granted reducing the front yard set back from Western Avenue from 30' to 241. This reduced set back would be more acceptable with the current Conservation Commission. The current Order of Conditions requires the dwelling to be located as far from the bank as possible. A well and septic system are already installed on the site and and Order of Conditions has been issued (a copy of which is attach- ed) . The extreme narrowness of the Lot and the proximity of the embankment are unique circumstances relating to the shape of the land and its soil conditions which specifically affect this Lot, but do not generally affect the R -2 Zoning District. A literal enforcement of the front yard set back provisions of the Zoning By -Law would involve substantial hardship to the Applicant making the Lot unbuildable. The requested relief may be granted without detriment to the public good and without nullifying the intent and purpose of the By -Law. 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, August 23, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: CLAUDE H. McMASTER, JEAN F. McMASTER, JAMES B. McMASTER, DAVIS G. McMASTER, SUSAN JEAN McMASTER, and STEPHEN C. McMASTER, owners, and CAROLYN JEMISON, contract purchaser Board of Appeals File No. 056 -91 Applicants are seeking relief by Variance under §139 -32A from the requirements of §139 -16A (Intensity regulation - setback) to reduce the front yard setback from Western Avenue from thirty (30) feet to twenty -four (24) feet and the front yard setback from School Street from thirty (30) feet to eighteen (18) feet and by Special Permit under § §139- 16C(1) to reduce the required side /rear setback along the easterly property line from ten (10) feet to five (5) feet. The relief is necessary to permit the Applicants to construct a 768+ S.F. single family garage apartment on a lot said to pre -date zoning. In the alternative as to School Street, Applicant requests a finding that School Street is not a "Street "'as defined in §139 -2 and that the setback required is ten (10) feet on that side of the lot. The premises are located at 26 WESTERN AVENUE, Assessor's Map 87, parcel 77, as shown on Land Court Plan 8597 -F, Lot 6. The property is zoned R -2 /LUG -2. BOA Form 1-89 NANTUCCKET�ZONING BOARD OF APPEALS Ju Date � 1991 NANTUCKET, NA 02554 CABS No.(9L AYPLI -�TION !OR BELIE! Owner's name(s): CLAUDE H. MCMASTER JEAN F. MCMASTER STER, MCMASTER, SUSAN JEAN MCMASTER, STEPHEN C. MCMASTER Mailing address: c/o Bruce Chudwick Egg-, Tarlow. Levy 6 Dronev - Box 877 Applicant's name: Carolyn Jemison Farmington, CT 06034 -0877 Mailing address: 120 Woodland Avenue Summit New Jersey 07908 Location of lot: Assessor's map and parcel number 87 - 77 Street address: 26 Western Avenue Registry Land Ct Plan, B]f8ro XKKXK)MN7GCU4RU=)ffMP 8597 -F Lot 6 CERT. Date lot acquired: LJ1 71 Deedaft& 62,7_ Zoning district R-2 /LUG -2 Uses on lot - commercial: None LC or MCD ?_ - number of: dwellings_ duplex_ apartments_ rental rooms_ Building date(s): all pre -8/72? _ or None C of O ?_ Building Permit appl'n. Nos. None 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 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 -31A attach decision or order appealed. OK to attach addendum . 139 -16 -C x SEE ATTACHED ADDENDUM. Items enclosed as part of this Application: orderl addendum2 Locus map x Site plan x showing present +planne3 x structures Floor plans present proposed elevates (HOT approved?_) Listings lot area x srontage x setbacksx GCR�x parking data Assessor - certified addressee I�t 4 sets mailing labels 2 setsZ 200 fee payable to Town of Nantucket x proof 'cap' covenant (If an appeal, ask Town Clerk to sendaldg Comr ss record to BOA. r 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:_ 01�� Applicant _ Attorney /agent x 3(If no ner or owner's attorney, enclose proof of authority) FOR Bo OFFICE USE Application copies ree d: 4 V or_ for BOA on­z�—A ! byc,9,1�4-) One copy filed with Town Clerk on_OJZ T_ by y ��i complete ?__(_--- One copy each to Planning Bd and Building Dept b'Y2/ byK-t2ko $200 fee check given Town Treasurer on —_/2—i( by4�waived� ?- Hearing notice posted/ ?Vmailed_/.OI Hearing(s) on _/_J_ cont'd to —/—/_, —I—,/_ withdrawn ?__/_/_ Decision due by _/__/_ made_/ _j_ filed TC _J_/_ mailed,/ _J_ See related cases lawsuits other I ADDENDUM The Applicant proposes to purchase Lot 6 on Land Court Plan 8597 -F (a copy same plan is attached). The fifty (501) foot wide lot was acquired by the current five owners in 1971. The Applicant owns Lot 5 as shown on the same Land Court plan. The Applicant proposes to construct a two car garage with an apartment above with a foot print of 24' x 32' or 768 square feet. This would result in a� ground cover on that portion of the Lot which is zoned R -2. The R -2 zone has an allowable ground cover of 12.5 %. In order to build, zoning relief is requested from the set back requirements. The Lot is bounded on the North by Western Avenue, an improved public way, and to the east by School Street, a forty foot way used for beach access. Under the current Zoning By -Law, front yard set backs are required from both streets. The required 30' set back from School Street and the required 10' set back along the westerly boundary would leave only a 10' strip for a building envelope. The Applicant requests that the set back along the westerly property line be reduced, by Special Permit pursuant to Section 139 -16 -C, (1) from 10 feet to 5 feet. The Applicant also requests that a Variance l?e granted reducing the set back from School Street from 30 feet t852-6 feet. The actual travelled portion of School Street is on the other side of the forty foot Way, a significant distance from the lot line. The Applicant also request that a Variance be granted reducing the front yard set back from Western Avenue from 30' to 241. This reduced set back would be more acceptable with the current Conservation Commission. The current Order of Conditions requires the dwelling to be located as far from the bank as possible. A well and septic system are already installed on the site and and Order of Conditions has been issued (a copy of which is attach- ed). The extreme narrowness of the Lot and the proximity of the embankment are unique circumstances relating to the shape of the land and its soil conditions which specifically affect this Lot, but do not generally affect the R -2 Zoning District. A literal enforcement of the front yard set back provisions of the Zoning By -Law would involve substantial hardship to the Applicant making the Lot unbuildable. The requested relief may be granted without detriment to the public good and without nullifying the intent and purpose of the By -Law. LAW OFFICES HOLMES, HAYS & FITZGERALD 3S CENTER STREET P. O. BOX 1108 NANTUCKET, MASS. 025S4 WAYNE F. HOLMES WILLIAM H. HAYS III JULIE A. FITZGERALD December 10, 1991 Mr. Robert Leichter, Chairman Board of Appeals Town and County Building Broad Street Nantucket, MA 02554 RE: Application of Claude H. McMaster et al Property Address: 26 Western Avenue Dear Mr. Leichter: Enclosed for filing, please find the following: 1. Application plus three (3) copies; 2. Certified Abutters List plus three (3) copies; 3. Four (4) copies of the site plan; 4. Four (4) copies of Decision in Case No. 056 -91; 5. Two (2) sets of mailing labels; and 6. Check in the amount of $200.00. Please schedule this matter for hearing on January 10, 1992. Very truly yours, Julie A. Fitzgerald JAF /mc Enclosures CC: Mrs. Joanne M. Holdgate, Town Clerk Bruce Chudwick, Esquire Mrs. Carolyn Jemison (508) 228 -0052 FAX (508) 228 -8943 BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Dec. 10, _1991 TOWN AND COUNTY BUILDING Date ' NANTUCKET, MA 02554 CASE No. -___ APPLICATION FOR RELIEF DOUGLAS K. O'CONNELL AND BRUCE A. CHUDWICK, TRUSTEES OF owner's name(s): MCMASTER REALTY AGREEMENT, U /D /T 4/26/91 Mailing address: c/o Bruce A. Chudwick, Esq. Tarlow, Levy & Droney Box 877 Applicant's name: Carolyn Jemison Farmington CT 06034 -)877 Mailing address: 120 Woodland Avenue Summit. NPw TPrcPV n79nR Location of lot: Assessor's map and parcel number 87 -77 Street address: 26 Western Avenue Registry Land Ct Plan, VJXAX8kXJXPgx®xx8faaxRzfe 8597 -F Lot -6 Cert. R -2 /LUG -2 Date lot acquired: Lj2�91 Deed Ref 1g,9i4 Zoning district Uses on lot - commercial: None X or MCD ?_ - number of: dwellings_ duplex_ apartments_ rental rooms_ Building date(s,): all pre -8/72? _ or None C of 0 ?_ Building Permit appl'n. Nos. None Case Nos. all BoA applications, lawsuits: 056 -91 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 if a Special Permit (and 139 -33A if to alter or extend a noncon- orming use). If appeal per 139 -3JA & B _ , attach decision or order appealed. OK to attach addendum . SEE ATTACHED ADDENDUM Items enclosed as part of this Application: orderl addendum2 Locus map X Site plan X showing present +planned x structures Floor plans present proposed_ elevations (HDC approved ?_) Listings lot area x frontage X setbacks X GCR x parking data Assessor- certifie3 addressee 1-1st 4 sets;_ mailing labels 2 sets X I200 fee payable to Town of Nantucket X proof 'cap' covenant _ (If an appeal, ask Town Clerk to senT—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. SIGNATURE: Applicant Attorney /agent X 3(If not er or owner's attorney, enclose proof of authority) Q FOR BoA OFFICE USE lei, /� //O Application copies recd: 4_ or for BoA on__/__/_ by One copy filed with Town Clerk on_ / _/_ by complete?� One copy each to Planning Bd and Building Dept_f _J_ by $200 fee check given Town Treasurer on__/_J_ by waived ?._ Hearing notice posted__J__/_ mailed _j__J_ I & M_/--J_, Hearing(s) on_/__/_ cont'd tom_/_, ��_ withdrawn ?___/__/_ Decision due bye _/_ made__J__J_ filed TC__J__/_ mailed _/_ See related cases lawsuits other ADDENDUM The Applicant is the contract purchaser of Lot 6 on Land Court Plan 8597 -F. Previous zoning relief for this Lot was granted in Decision No. 056 -91. At the time of the prior Application variance relief from the thirty (301) foot set back from Western Avenue was requested and withdrawn without prejudice at the hearing. In light of pending Conservation Commission hearings, variance relief pursuant to Section 139 -32A from Section 139 -16 (Intensity Regulations) from the front yard set back requirement on Western Avenue is requested to allow a set back of seventeen (171) feet as shown on the attached sketch plan. The extreme narrowness of the lot, the proximity of the Lot, small building envelope and Conservation Commission orders are all unique circumstances relating to the shape and topography of the land and its soil conditions which specifically affect this Lot, but do not generally affect the R -2 Zoning District. A literal en- forcement of the front yard set back provisions of the zoning By- Law would involve substantial hardship to the Applicant making the lot unbuildable. The requested relief may be granted without detriment to the public good and without nullifying the intent and purpose of the By -Law. TOWN OF NANTUCKET ZONING BOARD OF APPEALS Nantucket, Mass. 02554 CERTIFICATE OF GRANTING OF VARIANCE AND /OR SPECIAL PERMIT (Massachusetts General Laws, Chapter 40A, Section 11) The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies that a VARIANCE and /or SPECIAL PERMIT has been GRANTED To: (Owner /Applicant) CLAUDE H. McMASTER, JEAN F. McMASTER, JAMES B. McMASTER, DAVIS G. McMASTER, SUSAN JEAN McMASTER, and STEPHEN C. McMASTER, owners, and CAROLYN JEMISON, contract purchaser Address: c/o Bruce Chudwick, Esq., Tarlow, Levy & Droney, Box 877, Farmington, Conn. 06034 (owners) and 120 Woodland Avenue, Summit, N.J. 07908 (contract purchaser) affecting the rights of the Owner /Applicant with respect to the land or building at: 26 WESTERN AVENUE, NANTUCKET, MASS. Deed Reference: L. C. Cert. 6,274 And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the VARIANCE and /or SPECIAL PERMIT and that copies of the Decision and of all plans referred to in the Decision have been filed with the Planning Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of the Owner /Applicant that the General Laws, Chapter 40A, Section 11 (last paragraph) provides that no VARIANCE and /or SPECIAL PERMIT, or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of the Decision is certified by the Town Clerk that TWENTY (20) days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such an appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Deeds for the County of Nantucket and indexed in the grantor index under the name of the Owner of Record or is recorded and noted on the Owner's Certificate of Title. The fee for such recording or registering shall be paid by the Owner /Applicanjz�. alp -bedIJ- rt J. Le46hter, Chairman Ann Balas, Clerk TOWN OF NANTUCKET ZONING BOARD OF APPEALS Nantucket, Mass. 02554 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 056 -91 Owner /Applicant: CLAUDE H. McMASTER, JEAN F. McMASTER, JAMES B. McMASTER, DAVIS G. McMASTER, SUSAN JEAN McMASTER, and STEPHEN C. McMASTER, owners, and CAROLYN JEMISON, contract purchaser 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 Complaint in court within TWENTY (20) days after this Notice of the action with a copy of the Complaint and copy of the Decision must be given to the Town Clerk received within such TWENTY (2 Date: cc: Town Clerk Planning Board Building Commissioner filing a day's date. a certified so as to be . 4__ DECISION: TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 The Board of Appeals at a public hearing held on Friday, August 23, 1991 at 1:00 P.M. in the Town and County Building, Nantucket, made the following Decision on the Application (056 -91) of CLAUDE H. MCMASTER, ET AL (for title see Certificate of Title No. 6274). 1. The Applicants are seeking relief by Variance under Section 139 -32A from the requirements of Section 139 -16A (Intensity Regulation - setback) to reduce the front yard setback from Western Avenue from thirty (30) feet to twenty -four (24) feet and the front yard setback from School Street from thirty (30) feet to eighteen (18) feet and by Special Permit under Section 139- 16C(1)to reduce the required side /rear yard setback along the westerly property lot line from ten (10) feet to five (5) feet. The relief is necessary to permit the Applicants to construct a 768 SF single family garage apartment on a lot said to pre -date zoning. In the alternative, as to School Street, Applicant requests a finding that School Street is not a "Street" as defined in Section 139 -2 and that the setback required is ten (10) feet on that side of the lot. The premises are located at 26 Western Avenue, Assessor's Map 87, Parcel 77, as shown on Land Court Plan 8597 -F, Lot 6 and is zoned Residential -2 /Limited Use General -2. 2. Our findings are based upon the Application papers, correspondence, plans, representations and testimony received at the hearing on August 23, 1991. 3. We find that the existing lot, which was created in 1956 has been held in separate ownership. It is 50 feet wide and extends to the ocean. The property is bounded by School Street to the east and Western Avenue to the north, both of which are public ways shown on the Land Court Plan. If a front yard setback is measured from both School Street and Western Avenue, given the ten foot side yard setback from the adjoining lot, only a 10' wide structure would be possible on the lot. The Applicants request that the setback from School Street be diminished from 30 to 18 feet, which relief may be granted by a Variance under the Zoning By -Law. The Applicants also request that the side yard setback be reduced from 10 feet to 5 feet along the westerly lot line, which relief may be grantedby Special Permit in this R -2 zone under the Zoning By -Law. At the public hearing, the Board allowed the Applicant to withdraw without prejudicethe requested Variance from the front yard setback off Western Avenue. 4. The extreme narrowness of the lot and the embankment which separates the house site from the beach are unique circumstances .(056 -91) -2- relating to the shape, topography and soil conditions which specifically affect this lot but do not generally affect the zoning district. A literal enforcement of the front yard setback provisions of the Zoning By -Law of£School Street would render this validly pre- existing lot unbuildable and cause a substantial hardship to the Applicant. It was represented to the Board that the Applicant proposed a structure with no more than 768 square feet of ground cover and a height not to exceed 26 feet at the ridge. Such a structure is consistent with the immediately abutting Jemison house and the Board finds that the relief requested to allow the construction of a house of this size may be granted without detriment to the public good and without nullifying the intent and purpose of the By -Law. 5. There were no letters in opposition to the Application and the concerns raised by abutters present at the meeting were addressed. Further, owners of the property have already installed a well and septic system under a valid Order of Conditions from the Conservation Commission which expires September 5, 1991. 6. With respect to the Special Permit for the reduced sideline setback, the proposed structure's setback is consistent with the separation between other structures in the neighborhood. The Board finds that the side yard reduction from 10 to 5 feet is in harmony with the general purpose and intent of the Zoning By -Law. 7. For the reasons set forth herein, the Board by a UNANIMOUS vote, hereby GRANTS a VARIANCE to the extent necessary under Section 139 -32A from the requirements of Section 139 -16A so as to reduce the required setback from School Street from 30 feet to 18 feet and hereby GRANTS a SPECIAL PERMIT under Section 139 -16C (1) and Section 139 -30 so as to reduce the said yard setback from 10 feet to 5 feet along the westerly boundary on the following conditions: (a) That the ground cover (as defined in the Zoning By -Law) for the structure to be constructed on the Premises not exceed 768 square feet; and (b) That the height of the structure to be constructed on the Premises not exceed 26 feet above graAe at its ridge. Dated: September i'��, 1991 Ann Balas obert J.iLeichter Lynda F. Williams C. Marshall Beale Dale W. Vaine