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Home My WebLink About058-91t a5 SID - 41/ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: <�, 19 9 To: Parties in Interest and.Others concerned with the Decision of the BOARD Or APPEALS in the Application of the following: Aaolication No.. 058 -91 Owner /Applicant: DONALD J. LARSON AND MARY J. LARSON Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An i:p:�eal from this Decision may be tai:en pursuant to Section 17 of Chapter 40A, General T,= S. r:ny action appealing ',he_ Daci Si on must ✓e C iC_. �'1' l ili.lg '1n c•J1Ci�•_2i.. in court wit' -4 n _It E' \' this day's date. Notice of the action with a co-y of th com:D _ a _ nt cer` .,i.t.: ed copy cr - th,e Decision must- be g1 _ ; en to ±1:°� ..: 'Mn C�er.. v� .�J L� be r ece ea .:J. in (20) days. V cc: Town Clerk Planning Board Building Commissioner r ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 Map 73 -0 -0 49 New Street, Siasconset Parcel 6.2 204/50 R -2 At a Public Hearing of the BOARD OF APPEALS held at 1:00 P.M., Friday, September 13, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application (- 58 -91) of DONALD J. LARSON and MARY J. LARSON, of 55 North Main Street, Cohasset, Mass., the Board made the following DECISION: 1. Applicant is seeking a variance under §139 -32A for relief from the requirements of §139 -16D (Regularity factor). Under §139 -16D a regularity factor of not less than 0.55 is required; the subject lot has a regularity factor of 0.54 resulting from an alleged surveying error. The premises are located at 49 NEW STREET, SIASCONSET, Assessor's Map 73, parcel 6.2, as shown in Plan Book 21, page 74, Lot 5. The property is zoned R -2. 2. Our Decision is based upon the Application and materials submitted therewith, the testimony and evidence presented at the hearing, and a favorable recommendation from the Planning Board. 3. Applicant stated that the subject lot was created by an Approval Not Required subdivision in 1981, and includes 60,229± S.F.'and has 67± feet of frontage on New Street. At the time of its creation, and to the present, the lot has complied with all zoning requirements for its district, with the exception of the regularity factor under §139 -16D, and the lot has over three times the required lot area of 20,000 S.F. in the district. Since the original subdivision, the lot has been sold twice, and it has been in separate ownership since 1983. 4. Applicant presented evidence that the deficiency in regularity factor was due to a computer error during calculations made by the surveyor who originally laid out the subdivision, and the error was not detected until recently, when new calculations were done by another surveyor. 5. Applicant stated that acquisition of additional land or a readjustment of lot lines with either abutting lot is not possible because the lots presently are grandfathered for two dwellings, and any change to those lots would subject them to the new Board of Health requirements and would prohibit a second dwelling on the lot. 6. According to the Applicant, the maximum perimeter for compliance with the regularity factor limitation for a lot in Application No. 058 -91 Decision the R -2 district would be 762± feet, and the minimum perimeter possible for this lot, as presently configured is 772± feet. 7. The Board finds that owing to circumstances relating to the shape and configuration of the lot and especially affecting such lot but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this zoning bylaw would involve substantial hardship, financial or otherwise, to the Applicants, and the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such bylaw. Specifically, the Board notes that the Applicants are not the creator of the zoning problem, but are purchasers once removed from the developer, that the error was one involving complex calculations, the error is de minimis, that cure is impractical, and that relief by Variance is warranted and does not undermine the intent of the Bylaw. 8. By a vote of 4 -1 (Williams, Waine, O'Mara and favor, Balas opposed) the Board GRANTS the Variance requirements of §139 -16D (Regularity factor) to the necessary to cure the defect and legitimize the lot separately conveyable and buildable lnt_ Date: Ann Balas Mic 1 61 Mara 2 Dooley in from the extent as a Dale Waine i � ) "- Peter Dooley 14�, 11Y1 �ro d, 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, September 13, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: DONALD J. LARSON and MARY J. LARSON Board of Appeals File No. 058 -91 Applicant is seeking a Variance under §139 -32A for relief from the requirements of §139 -16D (Regularity factor). Under §139 -16D a regularity factor of not less than 0.55 is required; the subject lot has a regularity factor of 0.54 resulting from an alleged surveying error. The premises are located at 49 NEW STREET, SIASCONSET, Assessor's Map 73, parcel 6.2, as shown in Plan Book 21, page 74, Lot 5. The property is zoned R -2. r Robert J. Le' ter, Chairman < J BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS August 1991 TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No. APPLICATION FOR RELIEF Owner's name (s) : Donald J. Larson and Mary J. Larson Mailing address: 55 North MAin St., Cohasset, 'MA 02025 Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number 73 --6.2 Street address: 49 New Street, Siasconset Registry Land Ct Plan, Plan Bk & Pg or Plan File 21 -74 Lot —5 Date lot acquired: X26 83 'Deed Ref 204 -50 Zonipg district R -2 Uses on lot - commercial: None or MCD? - number of: dwellings 1 duplex. Building date(s): all pre -8/72? or Building Permit appl' n. NOS. 2947 -83 apartments rental rooms 1983 C of 0? 9/1/83 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 if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -31A & 8 _ , attach decision or order appealed. OK to attach addendum . See Addendum A. e 4 Items enclosed as part of this Application: orderl addendum2 Locus maps Site plan X showing present +planned 'structures Floor plans nr ---j- (HDC approved ?_) parking data '',pls 2 sets 7 nt — ADDENDUM A Applicant seeks a variance, pursuant to Zoning By -law Section 139 -32A, granting relief to the subject lot from the regularity formula provisions of Zoning By -law Section 139 -16D. Section 139 -16D requires a regularity factor of .55. The subject lot has a regularity factor of .54, which is the result of an error made by the surveyor who drew the subdivision plan. This cannot be cured by the purchase of land from abutters, because the abutting lots would then not satisfy the 40,000 square foot minimum required for septic systems. Where the violation is de minimis, not the fault of the owner of the property, and a literal enforcement of the provisions of the Zoning By -law would involve substantial hardship to the petitioner, a variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By -law. sjt /BJGs1LARSONADDENDUM VAUGHAN, DALE AND P=BBIcg August 21, 1991 Ms. Linda Williams Zoning Board of Appeals Town Building Annex Nantucket, Massachusetts 02554 Re: Application of Donald J. Larson, et al. 49 New Street, Siasconset Dear Linda: Enclosed is a variance application for the September 13, 1991, meeting of the Board of Appeals. Copies have been sent to the Nantucket Town Clerk, the Planning Board, and the Building Department. Please call me if you have any questions. SJT /saw Enc. cc: r. and M Street, Nantucket Nantucket Nantucket Sincerely, Susan Jones Toner CIT"J rs. Donald J. Larson, 55 North Main Cohasset, Massachusetts 02025 Town Clerk Planning Board Building Department SJT #1 /lwilliams ��d mod. ATTORNEYS AT LAW EDWARD Fo= VAuGBAN P.O. Box 659 KEviN F. DALE WHAr ,s LANE MELissA D. PHuBRiGK NANTUc=, MASS 02554 RACHEL G. HOBART TEL 15081228,4455 SusAN JoNES TONER FAX: (508) 228.3070 August 21, 1991 Ms. Linda Williams Zoning Board of Appeals Town Building Annex Nantucket, Massachusetts 02554 Re: Application of Donald J. Larson, et al. 49 New Street, Siasconset Dear Linda: Enclosed is a variance application for the September 13, 1991, meeting of the Board of Appeals. Copies have been sent to the Nantucket Town Clerk, the Planning Board, and the Building Department. Please call me if you have any questions. SJT /saw Enc. cc: r. and M Street, Nantucket Nantucket Nantucket Sincerely, Susan Jones Toner CIT"J rs. Donald J. Larson, 55 North Main Cohasset, Massachusetts 02025 Town Clerk Planning Board Building Department SJT #1 /lwilliams ��d mod. BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS August 1991 TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No. - APPLICATION FOR RELIEF Owner's names) : Donald J. Larson and Mary J. Larson Mailing address: 55 North MAin St., Cohasset, *MA 02025 Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number 73 --6.2 Street address: 49 New Street, Siasconset Registry Land Ct Plan, Plan Bk & Pg or Plan File 21 -74 Lot 5 Date lot acquired: X26 83 Deed Ref 204 -50 Zoniiag district R -2 Uses on lot - commercial: None or MCD? - number of: dwellings -1 duplex apartments rental rooms Building date(s): all pre -8/72? or 1983 C of 0? 9/1/83 Building Permit appl'n. Nos. 2947 -83 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 X if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3JA & B _ , attach decision or order appealed. OX to attach addendum . See Addendum A. 0 Items enclosed as part of this Application: orderl addendum2 Locus map x Site plan X showing present +planned "structures Floor plans present proposed elevations (11DC approved ?_) Listings lot area frontage setbacks GCR parking data Assessor - certified addressee Fist 4 sets x ma�l ni g labels 2 sett_ 200 fee payable to Town of Nantucket x proof 'cap' covenant (If an appeal, ask Town Clerk to sencTBldg Comr 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 jury. SIGNATURE: pplicant Attorney /agent X 3(If not owner or owner's attorney, enclose proof of authority) zr 11� POP nnA 07-1PTOP TTGP fl rl ,4-- ADDENDUM A Applicant seeks a variance, pursuant to Zoning By -law Section 139 -32A, granting relief to the subject lot from the regularity formula provisions of Zoning By -law Section 139 -16D. Section 139 -16D requires a regularity factor of .55. The subject lot has a regularity factor of .54, which is the result of an error made by the surveyor who drew the subdivision plan. This cannot be cured by the purchase of land from abutters, because the abutting lots would then not satisfy the 40,000 square foot minimum required for septic systems. Where the violation is de minimis, not the fault of the owner of the property, and a literal enforcement of the provisions of the Zoning By -law would involve substantial hardship to the petitioner, a variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By -law. sjt /BJGs1LARSONADDENDUM