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