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HomeMy WebLinkAbout068-94TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December 15 1 1994 To: Parties in Interest and.Others concerned with the Decia.ion of the BOARD OF APPEALS in the Application of the following: Application No.: Owner /Applicant: CHARLOTTE C. APPLETON 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 ." Waine Chai an cc: Town Clerk Planning Board Building Commissioner TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 60.3.1 Parcels 220 -225 Residential -2 8 New Jersey Avenue Land Court Plan 2408 -0 Lots 23 -28 inclusive Cert. of Title No. 8278 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, November 4, 1994, in the Selectmen's Meeting Room in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of CHARLOTTE C. APPLETON, of 8 New Jersey Avenue, Nantucket, MA 02554, Board of Appeals File No. 068 -94, the Board made the following Decision: 1. Applicant seeks relief by SPECIAL PERMIT under Nantucket Zoning By -Law §139 -33A in order to validate the siting of the existing structures on a lot. Applicant constructed an addition onto a said to be pre- existing nonconforming single - family dwelling in 1982 and added a separate storage shed in 1983. The original portion of the dwelling is located 4.2+ feet from the northerly side yard lot line at its closest point and 15.0+ feet from the front yard lot line at its closest point in a zone that requires 10 feet and 30 feet respectively. The shed is also located within the five foot setback area being sited 3.4+ feet from the northerly lot line. Applicant also seeks relief by VARIANCE, to the extent necessary, pursuant to Nantucket Zoning By -Law §139 -32A from the requirements of Nantucket Zoning By -Law §139 -16A, (Intensity Regulations- setbacks) in order to validate the siting of the existing structures. The premises are located at 8 NEW JERSEY AVENUE, Assessor's Map 69.3.1, Parcels 220 -225, as shown on Land Court Plan No. 2408 -0, Lots 23 -28. The property is zoned Residential -2. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the Hearing. There were no letters in the file and the Planning Board made no recommendation. 3. Applicant represents that the Locus consists of a lot containing 12,000 square feet, in separate ownership from all adjacent land since a time prior to the advent of 1972 Zoning By -Law Regulations. The Lot contains a single- family dwelling, a substantial portion of which was constructed in 1969 and sited 15.0+ feet from the front yard lot line and 4.2+ feet from the northerly side yard lot line at their closests points, and is therefore considered pre - existing and nonconforming as to front and side yard setback requirements. In 1982 an addition was constructed to the southerly (068 -94) -2- side of the dwelling pursuant to a validly issued building permit. A substantial portion of the addition is sited outside of the 30 -foot front yard setback area. However, a small portion of said addition extends into the front yard setback area but also continues the older portion of the structure's building line without coming any closer to the front yard lot line. Applicant represents that determining the exact location of the front yard lot line in a time before "as- built" plot plans were required and when a plot plan by a licensed surveyor was not usually done to set batter boards, was made more difficult due to the inconsistent road layout and dirt surface of New Jersey Avenue. She sited the addition from the road not realizing that the actual front yard lot line was closer to the dwelling. A Certificate of Occupancy was recently sought and a surveyed plot plan done that showed the setback nonconformities. Applicant =further constructed a storage shed in 1983 on the northerly side of the Lot without benefit of a validly issued Building Permit, that encroaches on the side yard five -foot setback area. The shed is sited 3.4+ feet from the lot line, roughly in line with the dwelling but closer to the lot line. 4. As to the construction of the addition, the Board finds that the Applicant would have been entitled to come before us prior to undertaking this work to seek a finding under Zoning By -Law §139 -33A, to allow construction of an addition that would come no closer to the lot line than the existing portion of the single- family dwelling. The Board would have needed to find that the alteration and extension of the single - family dwelling would not increase the nonconforming nature of the structure, or, if the nonconformity is increased, that the extension and alteration would not be substantially more detrimental to the neighborhood than the pre- existing nonconforming structure. The Board therefore treats this Application as a retroactive request for such relief. 5. Therefore, by a unanimous vote, the Board finds that the addition has intensified the pre- existing nonconformities upon. the Locus and further finds, by a unanimous vote, that the addition, as shown on Exhibit "A" attached hereto (a surveyed plot plan, dated December 6, 1993, done by licensed surveyors Blackwell and Associates, Inc.), is not substantially more detrimental to the neighborhood than the pre- existing nonconforming structure and accordingly, the current siting of the addition is validated under §139 -33A and M.G.L., Chapter 40A, §6. 6. As to the shed, which contains a back -up generator and ancillary storage, the Board finds that the provisions of the Zoning By -Law as they relate to the alteration and extension of a pre- existing nonconforming structure are inapplicable, since this is a free - standing structure, not a part of the dwelling. Variance relief would have been required in order to approve the construction of the shed within the side yard setback area. We further find that the shed was constructed more than ten (10) years ago, and therefore is protected against zoning enforcement as to dimensional matters under the curative statute, M.G.L., Chapter 40A, §7 and By -Law §139- 25.C(3). (Decision, 068 -94) -3- 7. Accordingly, by a unanimous vote,.The Board DENIES the requested VARIANCE relief, on the grounds that (a) no showing of facts which would justify the grant of such relief was made, and (b) in any event, no such relief is necessary, since the addition to the dwelling has now, by this Decision, been approved by a finding under M.G.L., Chapter 40A, §6 and Zoning By -Law §139 -33A, and the shed has now been in existence for more than ten (10) years and is therefore protected against zoning enforcement as to dimensional matters. Dated: z e W. Waine Lines F ..V Wi 11 iAms Robe�ft J. is I - &41 ichael Angelastrc Nancy J. Wvr RECEIVED f(_)%.A/ N CLERK'S OFFICE N4,4 NITUCKET, MA 02554 DEC 151994 V °° P� �L G�v J, ZONING CLASSIFICATION: R -z EXISTING: MIN. AFia ..40000 5.F I2 000 5.F MIN FRONTAGE: . Tai FT . , . 5EE FLAW FRONT YARD S.B.: . ?P. Fr. " REAR & SIDE S.D.:. GROUND COVER (z):.!z. 0 1� SKE o co 0 oZ� S L. .0 VH OF 44. 'N JEFFREY �G�, L. BLACKWELL No. 3-1, z FF I ONLY ORIGINALLY STAMPED AND ENDORSED COPIES OF THIS PU SHALL BE ACKNOWLEDGED BY \ ` THE CERTIFYING LAND SURVEY01 � t I N' 3 1 p 15.3"" 1 1 � •� GO 3.1 - ZZG, ZZ7 1J /F GRACE A. OARST04 TO: .I AIJTUCKF�T 13AI,/K . . AND NO OTHERS, I CERTIFY, TO . THE BEST OF MY KNOWLEDGE, THAT THE PREMISES SHOWN ARE LOCATED IN FLOOD HAZARD ZONE: DELINEATED ON F.I.R.M. / COMMUNITY PANEL NUMBER: 250230 -00 . ?$ . BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. EFFECTIVE DATE OF MAPS: JUNE 3, 1986 AND AS PERIODICALLY REVISED. THIS INSPECTION PLAN WAS PREPARED FOR MORTGAGE PURPOSES ONLY AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO M RI NCH PROPERTY LINES FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO I I -30?"' " 1. I I � m 1 � � I �1 0 I° 0 s D/LICrINA� �7F�c�� pn 71 co \ O \ S � \ "0 \ �IER�� Ate' G�iIOG°�4C�QC�C� OG��pC��4�0G�J FUO Uw G�QG94MC�C3C 4D G�Q�3�3. SCALE: 1'= W GATE: nr-c. 6, 1993 Owner: C ARLOTTE C. APPLETON . . . . . . . . . . . . . . . . . . . . .. . . DeDeed/Cert..- C> 2T 92 z8 79 . Plan: Tax flap: co.3.1- Z,?O. ZL5 Locus: $ uE),( THE OR BLACKWELL & ASSOCIATES, Inc. OWNERSHIP OF THE PROPERTY SHOWN. OWNERS Of ADJOINING NG P PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR Professional Land Surveyors RECORDS. 6 You 's Wa THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN � y ITS INTENDED USE STATED ABOVE Nantucket, Massachusetts 02554 QBlacknell & Associates Inc. NOT TO BE RECORDED FBK.: 811 -9Z (508) 228 -9026 B— 39$7 0 %10RY\HB \lFP 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, November 4, 1994, in the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: CHARLOTTE C. APPLETON Board of Appeals File No. 068 -94 Applicant seeks relief by SPECIAL PERMIT under Nantucket Zoning By -Law §139 -33A in order to validate the siting of the existing structures on a lot. Applicant constructed an addition onto a said to be pre- existing nonconforming single family dwelling in 1982 and added a separate storage shed in 1983. The original portion of the dwelling is located 4.2± feet from the northerly side yard lot line at its closest point and 15.0± feet from the front yard lot line at its closest point in a zone that requires 10 feet and 30 feet respectively. The shed is also located within the five foot setback area being sited 3.4± feet from the northerly lot line. Applicant also seeks relief by VARIANCE, to the extent necessary, pursuant to Nantucket Zoning By -Law §139 -32A from the requirements of Nantucket Zoning By -Law §139 -16A, (Intensity Regulations- setbacks) in order to validate the siting of the existing structures. The premises are located at 8 NEW JERSEY AVENUE, Assessor's Map 60.3.1, Parcels 220 -225, as shown'on Land Court Plan LC2408 -0, Lots 23 -28. The property is zonedV Residential -2. 6& e� Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228 -7215. #A H Z Lai ui CL u. CD Y. O O bl) .P.4 9 ;z 7t-.i Q 1w, �I Z LL Qom J F- C \ 4��. oG 2 Lu Z Z Ln A" LU LL LA. a tA U. 0 tn z 0 Z o Lu 0 u W LL U o 0 w z 0. CA LA 0. 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