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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
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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.
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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