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
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ichael Angelastrc
Nancy J. Wvr
RECEIVED
f(_)%.A/ N CLERK'S OFFICE
N4,4 NITUCKET, MA 02554
DEC 151994
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ZONING CLASSIFICATION: R -z
EXISTING:
MIN. AFia ..40000 5.F
I2 000 5.F
MIN FRONTAGE: . Tai FT . , .
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I ONLY ORIGINALLY STAMPED AND
ENDORSED COPIES OF THIS PU
SHALL BE ACKNOWLEDGED BY
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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
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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.
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