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Home My WebLink About037-96 o3 1 - % o`�� TUCMS,, TOWN OF NANTUCKET k BOARD OF APPEALS • 'Poo' - %RaV.cr NANTUCKET, MASSACHUSETTS 02554 Date: June 26 1996 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : . 037-96 Owner/Applicant: PETER KAIZER, JR. 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 . ( CO19VC (0) Michael J. 0'Ma Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING- TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS) ; §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS . NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor' s Map 56, Parcel 233 Deed Book 175, Page 43 43 Millbrook Road Plan Book 19, Page 69 Residential-2 Lot 5 DECISION: 1 . At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, June 21, 1996, at 1 : 00 P.M. , in the Selectmen' s Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, the Board made the following decision on the application of PETER KAIZER, JR. , c/o Reade & Alger Professional Corporation, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 037-96 : 2 . The applicant is seeking relief by VARIANCE from the requirements of Nantucket Zoning By-law §139-16 .A (Intensity Regulations - front yard setback) . The applicant proposes tc construct a single-family dwelling at a point as close as ten (10) feet to the front yard lot line along Millbrook Road, in a district that requires a minimum front yard setback distance of 30 feet, in order to increase the separation of the structure from the wetland areas located upon the subject property. The subject property (the "Locus" ) is situated at 43 MILLBROOK ROAD, Assessor' s Map 56 , Parcel 233 , and is shown on Plan Book 19, Page 69, as Lot 5 . The Locus is zoned RESIDENTIAL-2 . 3 . Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board recommendation was negative; the Conservation Commission made a favorable recommendation. There was support presented by several neighbors by correspondence, and one abutter by counsel, at the public hearing; there was correspondence in opposition from another abutter. 4 . The applicant presented evidence that he had filed a Notice of Intent with the Nantucket Conservation Commission under the Massachusetts Wetlands Protection Act and the Nantucket Wetlands By-law for the construction of a dwelling upon the Locus, located in the westerly portion of the Locus and maintaining all required zoning setbacks . Because that proposes 1 location falls within 50 feet of the wetland boundary, the applicant requested a waiver of the provision of the Nantucket Wetlands Regulations which requires that a 50-foot setback from wetlands be maintained with respect to the construction of all structures . As a result of concerns and suggestions by an abutter, the applicant redesigned the project to move the building location to the easterly portion of the lot, showing a building envelope with front yard setback of 10 feet rather than the 30 feet required in the Residential-2 zoning district . While this envelope also lies within 50 feet of the wetland boundary and accordingly requires a waiver of the Wetlands Regulations, the Conservation Commission preferred the revised location because the revised envelope is marginally farther from the wetland boundary, and the new building location is on much higher ground. This enables the dwelling to discharge sewage by a gravity feed to the existing on-site sewage disposal system at the extreme northwesterly portion of the Locus, whereas the original location would necessitate pumping sewage upgradient to the septic system. The applicant also presented letters setting forth the environmental benefit to the revised location, requiring a variance from the front yard setback requirement, from his surveyor and his geological consultant . Furthermore, counsel to the abutter who suggested the relocation presented a letter from a hydrogeologist in support of the new location. 5 . Based upon the foregoing information received by the Board, it voted UNANIMOUSLY to GRANT the requested relief by VARIANCE from the front yard setback requirement, reducing the required setback from 30 feet to 10 feet, subject to the conditions hereinafter set forth, finding that, owing tc circumstances relating to the soil conditions and topography of the Locus and especially affecting the Locus but not affecting generally the zoning district in which the Locus is situated, a literal enforcement of the provisions of the Zoning By-law would involve substantial hardship to the applicant, and that, as sc conditioned, desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By- law. 6 . The variance relief hereby granted is subject to the following conditions : 2 (a) All construction upon the Locus shall be performed in substantial compliance with the plan submitted to the Board, a reduced copy of which is attached hereto as Exhibit A. (b) There shall be no secondary dwelling upon the Locus . (c) All portions of any structure, including all decks, steps and ancillary structures, upon the Locus shall be constructed within the building envelope as shown upon Exhibit A, at least 10 feet from the line of Millbrook Road at all points . (d) All construction hereunder shall be in compliance with all provisions and conditions which may be set forth in the final Order of Conditions which may be issued by the Nantucket Conservation Commission pursuant to the Notice of Intent filed in the proceedings now pending therein, Department of Environmental Protection File No. SE48-986 . c Dated: June 2,G , 1996 Mich_ : J . O' _ra X10 /1 f RECEIVED "ISM ms NANT ERK'S OFFICE NANTUCKET, MA 02554 JUN 2 61996 R. ;►_ y 'e TIME: CLERK: 111�iLi L rlchael An•elastr•, Nancy J. vre s f:\wp\kaizer\boa03796.dec 3 EXHIBIT A / pi t' ooK ' 0 ---'I 0 N2� 620° • ye foy `,. ` y� b P�' 410" --. - ' - „„ .. 00°4 4*, ,_ ,_. „. , „oilfrii--.1,0 of (�P�G� ,,.,\` ,�i�iNE o� f yit- t" f' \)\ q LOT : (s��/ '" W 20,8ot s,F, �,t5 � o�' v 0: Ac. /t cu co M �/ � i ', "i I It, Ns rit) 11 yi co- r PLOT 17Lf7N O A• w.-TU ''Q ,v IN 4' �iw /y flNTv CK Er, Mfg' 91.00, 'e $C a L CI 1'1=;a ' --� � 566./3,30 � /`1ffY 8, 1996 :-' �a c i SOttN �� To HA/ T. 5/4v4Rv Z'NC /; 57 01, ) 50 urH lid• N= s , ,.t;r. N NTu CKCT ik/fl, ar.r sy .,.. ,.,, ,. 1 0. ' ` �. 4 o' k- f?•stsso.ts CrfiaP 5-6 P/McEL x-33 ;3yo6 TOWN OF NANTUCKET Ai yr,+ BOARD OF APPEALS 1.c.0 NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 :00 P.M. , FRIDAY, JUNE 7, 1996, in the Selectmen ' s Meeting Room, Town and County Building, Broad Street, Nantucket, Massachusetts , on the Application of the following: PETER KAIZER, JR. BOARD OF APPEALS FILE NO. 037-96 Applicant is seeking relief by VARIANCE from the requirements of Nantucket Zoning By-Law §139-16A ( Intensity Regulations - front yard setbacks) . Applicant proposes to construct a single family dwelling at a point as close as ten ( 10) feet from the front yard lot line along Millbrook Road, in a district that requires a minimum front yard setback distance of 30 feet , in order to increase the separation of the structure from the wetland areas located upon the subject property. The premises is located at 43 MILLBROOK ROAD, Assessor ' s Map 56, Parcel 233 , Plan Book 19, Page 69, Lot 5 . The property is zoned Residential-2 . Michael J . 0 ara , Chairman THIS NOTICE iS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228-7215 . BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING ate NANTUCKET, MA 02554 CD CASE No. APPLICATION FOR RELIEF Owner's name(s) : Peter Kaizer, Jr. Mailing address: c/o Reade & Alger Professional Corporation Applicant's name: Same Mailing address: Post Office Box 2669, Nantucket. Massachusetts 02584 Location of lot: Assessor's map and parcel number 56-233 Street address: 43 Millbrook Road Registry Land Ct Plan, Plan Bk & Pg or Plan Filo 19-69 Lot a Date lot acquired: ./27/$Q Deed Ref 175/43 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 C of 0? _ Building Permit appl'n Nos. Case Nos. all BoA applications, lawsuits: 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 nonconforming use) . If appeal per 139-31A & B attach decision or order' appealed. OK to attach addendum2 The applicant requests a variance from the front yard setback requirement under Nantucket Zoning By-law, §139-16.A, of 30 feet in the Residential-2 zoning district, to enable a new dwelling to be constructed as close as 10 feet to the line of Millbrook Road, in order to increase separation from wetland areas upon the subject property. Items enclosed as part of this Application: order'_ addendum2 = Locus map x Site plan x showing present _ + planned x structures Floor plans present _ proposed _ elevations _(HDC approved? No) Listing lot area _ frontage _ setbacks _ GCR _ parking data Assessor-certified addressee list 4 sets x mailing labels 2 sets x $200 fee payable to Town of Nantucket x proof3 'cap' covenant '(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of erjury. � \l SIGNATURE: rUJ✓ {A / (Applicant _ Attorney/agent x 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE g Application copies rec'd: 4 ✓or for on / / ( by )14/- One copy filed with Town Clerk on /??/7(by � - complete? One copy each to Planning Bd and Building Dept � by� RECEIVED $200 fee check given Town T easurer on3 ib �w�aived? TOWN CLERK'S OFFICE Hearing notice posted (� mailed � I & MS"�/Y& J'/ (a NANTLI �;;_-? n�;�, 02554 Hearing(s) on / / cont'd to / / , / / withdrawn? / / Decision due by / / made _/ / filed TC _/_/ mailed _/_/_ MAY 2 2 '1996 See related cases lawsuits other TIME: CLERK: f:\wp\kaizer\93mi11br.app MAP 56, PARCEL 233 -- 4. N 102 000 _ +-+{I —• 8I 41.161 11-16: 11-12! A WAY It tV f7- Q�YJ.y 160 1{I at6 �R'1F sz i sy...) 7.2 4 16f W 109< N 6.O A S! C 2b 23 R. 1 I ou [ 24A---'-----12.9A 216 214 111 t16 ---'----- IP 111.2404014 V2STAt. 1622 [% • ION ROAD 'RAV tot' ` 2{T 266 MI N 2{f ei MILL BROOK 4 SWAMP 7 212 "'w7`HOR` ff4 ` `�E 263 LxA ` Y1M2 q 240 1,41'1 1' 11 ■ O.."' 24 226 • 226 444,,..',..... S1 236 224 6 � 2.6 A _ 221 �+ �� / ill 4,;°, I 12 .1 h \ ��' 226 222 �` 2.6 A 301 II 22J 1 / 6.42 I.O A / •00.° 222 ^, .041111 1.2 A Sil 719 Zr I.e.A c 2111 i 7 1.6 A Y . b0. ` 13, t 3 67-t 3,444. 217 fe9 I) St-11 I.6A 320 71 +o • 1.3 A •• {� tS O{4 O 6317 J.� • V• i . 66 716 III �— it 7S • 1.5 A I \._IIIII } 111 $2.1 y1,1 1.11A 6y ` !O 121 127 74 z A aro.1 2T 2! I 441 121 tl 6 306 6 L7 '.9A 3fa.x Ill, \ • till, 1 V v^1 So6 1{ L 7-- I- 1 A s .30 � TUCM�� TOWN OF NANTUCKET ZONING BOARD OF APPEALS �,e 37 WASHINGTON STREET gP°wee NANTUCKET, MASSACHUSETTS 02554 Date: May /3.-7 1997 TO: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: APPLICATION NO. : 037-96 OWNER/APPLICANT: PETER KAIZER, JR. Enclosed is the Decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. This Decision provi-des a CLARIFICATION (not a Modification) , an EXTENSION, or authorizes a TEMPORARY PERMIT under Nantucket Zoning By-Law §139-26H, with NO twenty ( 20) day appeal period required.' b \tAk41 Micha J. O 'Mara, Chairman cc: Town Clerk Planning Board Building Department