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HomeMy WebLinkAbout048-944 61 y1- '- � v TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: July 25 , 19 94 To: Parties in Interest and_Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner /Applicant: RATHE GUSTAVE H. RATHE AND IRENE ARNOULT 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 an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. Dale W. Waine cc: Town Clerk Planning Board Building Commissioner Chairman y BOARD OF APPEALS File No. 048 -94 TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 289 HUMMOCK POND ROAD MAP 83 CERTIFICATE OF TITLE PARCEL 4 NO. 11,353 R -2 ZONING DECISION: The BOARD OF APPEALS, at a PUBLIC HEARING held Friday, July 8, 1994 at 1:00 P.M. at the Town and County Building, Nantucket, Massachusetts made the following DECISION on the application of GUSTAVE H. RATHE and IRENE ARNOULT RATHE (048 -94) with an address of P.O. Box 93, Keswick, Virginia 22947. 1. The Applicants are seeking relief by VARIANCE pursuant to Nantucket Zoning By -Law Section 139 -32A from the requirements of Nantucket Zoning By -Law Section 139 -16A in order to allow the construction of a dwelling 10 feet from a front yard lot line on a lot with no frontage in a district that requires a 30 -foot front yard setback. Applicants are also requesting variance relief under Nantucket Zoning By -Law Section 139 -16A to reduce the frontage from the required seventy -five (75) feet to zero (0) feet, due to the alleged erosion at the site. The premises is located at 289 HUMMOCK POND ROAD, Assessor's Map 83, Parcel 4, Land Court Plan 15586 -B, Lot 1. The property is zoned Residential -2. 2. Our findings are based on the application papers, two (2) site plans showing proposed alternative house locations labeled No. 2 and No. 3, which are part of the Order of Conditions issued by the Nantucket Conservation Commission and are on file at the Board of Appeals, and testimony and representations received at our Hearing. No letters of opposition or support were received 01 relative to this application. The Planning Staff gave a favorable recommendation. 3. Applicants' property is a lot of record shown as Lot 1 on Land Court Plan 15586 -B dated May 13, 1954, filed with Certificate of Title No. 3624 at the Registry District of Nantucket. That plan establishes a twenty -five (25) foot way on the southerly bound, which is the ocean side of the lot, and provides frontage for the lot. Historically, this dirt road provided access to the lot. The area of the original lot was approximately 1.4 acres. The original dwelling, with approximately 2,000 square feet of ground cover, was removed from the lot in April, 1994, leaving a vacant lot. 4. Due to extreme erosion conditions on the ocean side of the site, the lot area has been reduced to approximately 22,000 square feet. The road, which provided this lot of record with frontage, has been eroded and is not fit for access at this time. However, practical access is available to the lot by an easement from an abutter to its easterly bound. 5. Applicants have received permission from the Nantucket Conservation Commission under an Order of Conditions dated May 27, 1994 to construct a new dwelling in either of two approved locations listed as No. 2 and No. 3, both of which are sited twenty -five (25) feet from the edge of Hummock Pond on the northerly side of the property and ten (10) feet off the easterly lot line. Applicant had been informed by the Building Department that, because practical access is across the easterly property line, the front yard setback must be measured from this boundary even though no road frontage exists or has ever existed on this side. However, after receiving a finding under Board of Appeals 2 Decision File No. 043 -94 that the easterly bound should be measured as a side yard setback thereby eliminating the need for front yard setback relief from that lot line, the Building Department informed Applicant that relief from the frontage requirements of seventy - five (75) feet would be required to obtain a building permit. 6. Applicant argues that variance relief is justified by the erosion conditions specifically affecting this site on the southerly, Atlantic Ocean side of the property, but not generally affecting the zoning district in which it is located. In addition, the proximity of Hummock Pond on the northerly side further contributes to the distinctive characteristics of this lot and makes it unique in this zone. Without a variance, Applicants state they will suffer severe economic hardship as they will not be able to use their property. 7. Therefore, the Board finds that owing to the unique location of the lot between the ocean and Hummock Pond and the substantial erosion from the ocean side of the property that does not generally affect the zoning district and Applicant's hardship of not being able to use the property at all without relief that the statutory criteria for the Variances have been met and that the frontage requirements under Section 139 -16A shall be reduced from seventy -five (75) feet to zero (0) feet for the site, and the front yard setback under Section 139 -16A shall be reduced from thirty (30) feet to ten (10) feet if the front yard setback is to be measured from the easterly boundary line. However as the structure shall be sited on the lot with the front entrance facing south towards the ocean, a thirty (30) foot front yard setback from that lot line, which historically provided the lot's frontage, is deemed 3 r by the Board to be the side from which the front yard setback should be measured. Therefore, the setback from the easterly lot line can be measured as a side -yard setback; in the R -2 zone the side yard setback is ten (10) feet. 8. Accordingly, by a vote of four (Waine, O'Mara, Williams and Hourihan) in favor and one (Balas) against, this Board grants the relief by Variances as requested under Section 139 -16A to 1) reduce the frontage from the required seventy -five (75) feet to zero (0) feet, and 2) to reduce the front yard setback from thirty (30) feet to ten (10) feet if the front yard is to be measured from the easterly side of the property. However, the Board allows that the front yard setback may be measured from the southerly lot line where the thirty (30) foot setback requirements can be met. Relief is granted subject to the following conditions: 1) that an easement of no less than fifteen (15) feet providing access to the property from the easterly side shall be recorded; 2) that the proposed structure shall be 954 square feet, more or less and 3) that the proposed dwelling be built in conformity with either of the plans approved by the Nantucket Conservation Commission Order of Conditions No. E48 -855. 2s ale Wai e Li a F. Wil lams Mich O'Mara William P. Hourihan, r. RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 __(•� `�_I( __ _ Ann G JUL 251994 Balas TIME: july94 \rathappl CLERK:G` -- Zoning Board of Appeals South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, July 8, 1994, the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: GUSTAVE H. RATHE AND IRENE ARNOUL RATHE Board of Appeals File No. 048 -94 Applicants are seeking relief by VARIANCE pursuant to Nantucket Zoning By -Law §139 -32A from the requirements of Nantucket Zoning By -Law §139 -16A in order to allow the construction of a dwelling 10 feet from a front yard lot line on a lot witli no frontage in a district that requires a 30 foot front yard setback. Applicants are also requesting Variance relief under Nantucket Zoning By -Law §139 -16A to reduce the frontage from the required 75 feet to zero feet, due to the alleged erosion at the site. The premises is located at 289 HUMMOCK POND ROAD, Assessor's Map 83, parcel 4, Land Court Plan 15586 -B, Lot 1. The property is zoned Residential -2. Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER AL � "ERNATIVE := ORMATS. FOR ASSISTANCE CALL (508) 228 -7215. BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 CASE No. 04'3- 94 APPLICATION FOR RELIEF MODIFICATION OF CASE NO. 043 -94 Owner's name(s) : Gustave H. Rathe and Ire Ar o Mailing address: P.O. Box 93, Keswick Vir inia 22 Applicant's name: Mailing address: Location of lot: Assessor's map and parcel number 0083 -004 Street address: 289 Hummock Pond Rond Registry Land Ct Plan, 21XNXAkXk0ftX12MV1A CXRiiA 15586 -B Lot 1 Date lot acquired: 0 10 84 Cit�Ci aoc t1lp"J13 Zoning district R -2 Uses on lot - commercial: None X or MCD? - number of: dwellings 1 duplex_ apartments_ rental rooms — Building date(s) : all pre -8/72? x or C of 0 ?__ Building Permit appl'n. Nos. 10810 -94 Case Nos. all BOA applications, lawsuits: (j�%jsjl.f 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 g if Variance, 139 -3OA if a Special Permit.(apd..139 -33A if to alter or --extend •a nonconforming use) If appeal per 139 -3A & B - , attach decision or order appealed. OK to attach addendum . SEE ATTACHED ADDENDUM 0 Items enclosed as part of this Application: orderl addendum2 Locus map x Site planes showing present Y +planne�cx "structures Floor plans present_ proposed elevations (HDC.alpproved._) Listings lot area frontage setbacks GCR parking data Assessor- certifie -aaddressee i.st 4 sets T— c-mall ni g labels 2 sets x $200 fee payable.-to-Town.-of Nantucket proof 'cap' Covenant l(If an appeal, ask Town Clerk to sen -BBldg Com s record to BOAT I certify that the requested information submitted is substantially complete and true, to the best of my knowledg,e, under the wins and pei'ialties of perjury. SIGNATURE: Applicant _ Attorney /agent x Melissa D. Philbrick, Attorney for Gustave and Irene hh Ra e 3(Tf not owner or owner's attorney, enclose proof of authority) FOR, Bo' OFFICE USE i T Application copies recd: 4= Or— for BoA one by One copy filed with Town Clerk on�/ bY�complete? One copy each to ng Bd and ,Building. De�t,b�' $ fee check grown Treasurd�l_ /�_ b�- waived? — Hearing no _ ailed 6 `:y11YI & M Hearing(s) on-J--/- cont'd to__/--/_, Withdrawn._/_ Decision due by_/_ - made _/__/_ filed TC��_ mailed��_ See related cases lawsuits other T m Z O Z� 33 �mm z o � Gov N 't1 ADDENDUM Modification of Case No. 043 -94 - Gustave and Irene Rathe Due to the extreme erosion which the Applicants' property has experienced, the Applicants request a variance under Section 139 -32 from the frontage requirement of Section 139 -16 of 75 feet. In the event that the easterly lot line is determined to be the bound from which the front yard setback is measured, then the applicants further request a variance from the front yard setback requirements of Section 139 -16 to allow the construction of a dwelling ten (10) feet from the property line from which the front yard setback will now be measured. Two (2) site plans showing the proposed alternative house locations have been approved by the Conservation Commission and are attached. As in past cases considered by the Board, the variance relief is justified by erosion conditions specially affecting this site. In addition, the proximity of Hummock Pond further contributes to the unique characteristics of this lot and qualify it for variance relief under the statutory criteria. Without a variance the Applicants will suffer severe economic hardship as they will not be able to use their property. Finally, the variance can be issued without substantial detriment to the public good and without nullifying the intent or purpose of the by -law because the property is a lot of record and the Applicants loss of frontage results from the forces of nature and no action of their own. june94\cathel N ♦ � fib. ♦ 1 i o�- 0-- J-. O L- a7 v- O v v 4' � M 1 O J '^ �l �u J w o� 14t, s (57 Le rs- 00 CIL- BOA' Form' 2 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN S ND COUNTY BUILDING .NANTUCRET, MA 02554 r •. -.= ASSESSORs-S LIST OF PARTIES IN INTEREST MR � V PROPERTX• ;.OWNER-: ... -- Gustave H. and Irene Arnoul Rather APPLICANT - FOR. RELIEF (SAME ADDRESS-. OF •PROPERTY. 289 �Jummock Pond Road x ASSESSOR'S MAP — PARCEL: 0083 — 004 ' LIST -OF PARTIES 'INCLUDING ADDRESSES *(OR SEE ATTACHED )= J 1 i � ' •.� . ,. • . .. or the attached ) lists I certify,•that.:the' foregoing ( who are owners of abutting veacsons; !natural or legal, public propext ;'`-*- owners -`of F.land-- directly opposite on any or-- private" street or �ythindthree�h ndr dtfeett abutters and all other•.7:and owners w�. ro I:i:ne' of Owner's property, as . they (and their p PAX e"70f o the most recent applicable tax list address) app ter 139, (per:M;.G':x,.: e:!OA; Section 11 and Zoning Code Chap Section" 139- 29D.(2) ) - es orb Town of Nantucket Date C z- *NOTE: Applicant (Petitioner) -should include with y owned lot for which 2oningrelief is sought, any abutting lots. which mi.ght.become involved in the zoning hatter- List map and parcels for each abutter. 05/09/94 TOWN OF NANTUCKET 11:03.43 OWNER'S MAILING ADDRESS LIST Map Block Lot _ Owner's /Co- Owner's Name Mailing Address /City State Zip 0083 0034 COFFIN MARY K PO BOX 1369 HOBE SOUND FL 33455 0083 0035 CONNOLLY R BRUCE PO BOX 164 WESTPORT CT 06881 0083 0036 COFFIN MARY K PO BOX 1365 HOBE SOUND FL 33455 0083 0006 BARTLETT JOHN W & REBECCA M PO BOX 899 NANTUCKET MA 02554 0083 0039 BARTLETT JOHN PO BOX 899 NANTUCKET MA 02554 0083 0002 NANTUCKET CONSERVATION FOUND I 0118 CLIFF RD NANTUCKET MA 02554 NUMBER OF RECORDS = 6 t Property Location 0284 HUMMOCK POND RD 0286 HUMMOCK POND RD 0288 HUMMOCK POND RD 0283 HUMMOCK POND RD 0287 HUMMOCK POND RD OFF MASSASOIT RD PAGE 1 MUAS750 8.1