HomeMy WebLinkAbout087-91aS�> 7 -:�P/
ZONING BOARD OF APPEALS
14 South Water Street
Nantucket, Mass. 02554
Robert J. Leichter, Chairman Spencer M. Cowan, Jr.
Linda F. Williams, Vice Chainnan Zoning Board Administrator
Ann Balas, Clerk Telephone (508) 228 -7215
To: Parties in Interest and Others concerned with the Decision
of the BOARD OF APPEALS in the Application of the following:
Application No. 087 -91
Owner /Applicant: ROBERT ANDERSEN, Trustee of CROOKED TRUST
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 (20) days.
Date:— (zy) - Z 2--
o ert L ichter, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
BOARD OF APPEALS
TOWN OF NANTUCKET
Nantucket, Massachusetts
Decision:
The BOARD OF APPEALS, at a public hearing duly conducted at
the Town and County Building, Federal and Broad Streets,
Nantucket, on Friday, December 13, 1991, at 1:00 P.M., made the
following Decision upon the application of ROBERT ANDERSEN,
TRUSTEE of CROOKED TRUST ( "Applicant ") (087 -91):
1. This is an application for variance relief from the
front yard setback requirement of thirty (30) feet under the
Intensity Regulations, Section 139 -16.A. of the Nantucket Zoning
By -law (the "By- law "), to enable the siting of a structure on the
subject property with a front yard setback of fifteen (15) feet.
The subject property (the "Locus ") is situated at 33 Crooked
Lane, (Assessor's Parcel 41- 203.1), is shown as Lot B on Plan
File 29 -M at Nantucket Registry of Deeds, and is zoned as
Residential -2.
2. Applicant informs us that he has been requested to seek
zoning relief by the Nantucket Conservation Commission in order
to maximize the distance separating the proposed structure on the
Locus from bordering vegetated wetlands located on the Locus. In
1987, Applicant filed a Notice of Intent with the Conservation
Commission and secured a Superseding Order of Conditions which
would have allowed for placement of a structure upon the Locus in
conformity with then existing wetlands regulations, as well as
the front yard setback requirement of the By -law. Due in part to
the subsequent imposition of a sewer connection moratorium in the
Town of Nantucket, and delays in securing a sewer extension
permit from the Department of Environmental Protection,
Applicant's right to proceed under that Order of Conditions
expired under the Nantucket Wetlands protection by -law; the
Department of Environmental Protection extended the Superseding
Order under the state wetlands protection act. The Conservation
Commission denied Applicant's request for an extension of the
local Order of Conditions, due to changes in the Nantucket
wetlands regulations increasing required distances from bordering
vegetated wetlands, and informed Applicant that he would be
required to complete a new filing with the Conservation
Commission for the structure. Applicant filed a new Notice of
Intent, and at the first public hearing on the matter, the
Conservation Commission requested that Applicant seek zoning
relief prior to proceeding further.
3. Based upon the application, the presentation made by the
Applicant at the public hearing, and the Conservation
Commission's request that the Applicant appear before this Board
for zoning relief, we have no difficulty finding, and in fact do
find, that the existing soil conditions and topography of the
Locus meet the threshold requirements necessary for the grantinc
of variance relief. Further, Applicant was prevented from
exercising previously granted rights due to the sewer connectio:.
moratorium. We also note that the actual traveled roadway of
Crooked Lane is some distance from the record front yard line of
the Locus, which is measured from the record layout of Crooked
Lane. Accordingly, we find that, due to soil conditions and
topography especially affecting the Locus but not affecting the
zoning district in general, a literal enforcement of the
provisions of the By -law would result in hardship to Applicant,
and that the desired relief may be granted without substantial
detriment to the public good and without nullifying or
substantially derogating from the interest or purpose of the
By -law.
4. Accordingly, we grant the variance relief as requested,
to enable the siting of a structure on the Locus with a front
yard setback of fifteen (15) feet, by a vote of four members in
favor and one (Balas) opposed.
Dated: ,
,Robert Jj Leichter
,±&� dLVA 4
&ilhda F. "Williams
Bala
tMichaer Angelastt6
- 1 8VO
Michael,,,. O'Mara
(dda /21 /Beinecke)
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, December 13, 1991, in the Town and County
Building, Broad Street, Nantucket, Massachusetts, on the
Application of:
ROBERT ANDERSEN, Trustee of CROOKED TRUST
Board of Appeals File No. 087 =9'1`'
Applicant is seeking relief by Variance under §139 -32A of
the Zoning Bylaw from the requirements of §139 -16A (Intensity
Regulations - Front yard setback) to allow siting of a structure
on the lot with a front yard setback of fifteen (15) feet; a
thirty (30) foot front yard setback is required in the district.
The Nantucket Conservation Commission has requested Applicant to
seek such relief in order to maximize the distance separating the
proposed structure from bordering vegetated wetlands on the
premises.
The premises are located at 33 CROOKED LANE, Assessor's Map
41, parcel 203.1, Lot B, as shown in Plan File 29 -M. The
property is zoned R -2.
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554 -
• CASE No.
�
APPLICATION FOR RELIEF
Owner's name(s): Robert Andersen, Trustee of Crooked Trust
Mailing address: c/o Reade & Alger P.C., P.O. Box 2669,'Nantucket, MA 02584
Applicant's name: Same
Mailing address: Same
Location of 'lot:. Assessor's map and parcel number 41 - 203.1
Street address: 33 Crooked Lane
Registry Land Ct Plan, Plan Bk & P.g or Plan File 29 -M Lot B
.Date -lot acquired: LljL3J90 Deed Re.f345,340 Zoning district R -2
Uses on lot commercial: None x or ; MCD ?_
- number of: dwellings_ duplex_ apartments rental rooms_
Building date(s): all pre -8/72? or vacant land 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 nonconTorming use). If appeal per 139 -3JA
6 B _ , attach decision or order appealed.-OK to attach addendum .
Applicant requests variance relief from the 30 foot front yard setback
requirement (Intensity Regulations §139 -16) to enable the siting of a
single - family dwelling on the premises with a proposed front yard
setback of 15 feet. The Nantucket Conservation Commission has requested
that applicant seek such zoning relief in order to maximize the distance
separating the proposed dwelling from borlering vegetated wetlands
located on the premises.
/dell
n
Items enclosed as part of this Application: orderl addendum2
Locus map x Site plan ,X showing present . +planned structures
Floor plans present proposedT elevations (HDC approved ?_)
Listings lot area x frontage x setbacks x GCR parking data
Assessor- certifieU—addressee 3st 4 sets x maPTn—g labels 2 sets, -
200 fee payable to•Town.of Nantucket -X proof 'cap' covenant
(If an appeal, ask Town'Clerk to send B1dg.Comr s'record to BoA.j
I certify that the.requested information: submitted is substantially
complete-and true to the best of my knowledge, under the pains and
penalties o perjury.
SIGNATURE: v�i`A Applicant Attorney /agent X
3(If not owner or owner s attorn y, enclose proof of authority)
FOR Bo. OFFICE USED
Application copies reed: 4 or� for BoA on ///`0 by
one copy filed with Town Clerk on_,&/* by complete?
One copy each to Planning Bd and Building Depth by C.
$200 fee check given Town Treasurer onz�l /�4 i, waived?
Hearing notice pdstedl1VAV mailedZ-,2k I & M/Z/?- -2/ Z
Hearing (s) on_/_/_ cons' d to,_/_/, /_/! withdrawn ?_ /_/. _
Decision due by_/_/_ made_/_/_ filed TC_—/_/ ' mailed _j__/_
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