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HomeMy WebLinkAbout054-96 o�A,$TUCrt), TOWN OF NANTUCKET BOARD OF APPEALS • -4pORAtEo' NANTUCKET, MASSACHUSETTS 02554 Date: October 31 , 19 96 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 054-96 Owner/Applicant: WILLIAM F. BRANDT, JR . AND ELAINE K. BRANDT 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 . At r 1), Michael . 0' ara ' 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 80, Parcel 102 . 1 Plan Book 22 , Page 17 6 Weweeder Avenue Lot 5 Deed Book 207, Page 114 Limited Use General-2 DECISION: 1 . At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, October 4, 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 WILLIAM F. BRANDT, JR. , and ELAINE K. BRANDT, c/o Reade & Alger Professional Corporation, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 054- 96 : 2 . The applicants seek relief by VARIANCE pursuant to Nantucket Zoning By-law §139-32 .A, from the requirements of Nantucket Zoning By-law §16 .A (Intensity Regulations - Minimum Lot Area and Side Yard Setback) to validate their lot and confirm the siting of the structure thereon, and establish the conditions under which an addition and subsequent alterations to the structure can be made . The Locus is a lot containing about 55, 000 square feet, created by a plan endorsed by the Planning Board under M.G.L. , c . 41, §81P, as not requiring approval under the Subdivision Control Law, on January 10, 1983 , when, as now, the Locus was situated in a Limited Use General-2 zoning district, which requires minimum lot area of 80 , 000 square feet . The applicants allege that this plan incorrectly stated that Limited Use General-1 zoning, with minimum lot area of 40 , 00C: square feet and minimum side yard setback of 10 feet, was applicable . The applicants purchased the Locus on November 16 , 1983 , and built a single-family dwelling for which Certificate of Occupancy No. 3078-84 was issued on June 18, 1984 . As the result of a recent survey, done in the context of the applicants ' plans to construct an addition, they have discovered that the dwellinc is in fact 4 . 2± feet from the northeasterly side yard lot line at: its closest point, thus being in violation of the 15-foot side yard setback requirement in the LUG-2 zoning district . The subject property (the "Locus" is situated at 6 WEWEEDER AVENUE, Assessor' s Map 80, Parcel 102 . 1, is shown on plan recorded with Nantucket Deeds in Plan Book 22 , Page 17, as Lot 5 , and is zoned as Limited Use General-2 . 3 . Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board 1 recommendation was unfavorable . There were two letters in support, and no opposition, presented at the public hearing. 4 . Based upon the materials presented to the Board of Appeals by the applicants, it appears clear that the applicants are innocent victims of an error in stating the zoning status of the land of which the Locus is a part upon the plan which divided that land into two lots, being a plan prepared for a former owner of the land by John J. Shugrue dated January 10 , 1983 , endorsed by the Nantucket Planning Board as "approval not required" on January 10, 1983 , in File No. 2471, and recorded with Nantucket Deeds in Plan Book 22 , Page 17 . Although the land in question was at all times relevant hereto situated in a Limited Use General-2 zoning district, the plan recites "LUG-1 zoning" . Apparently, the Planning Board relied upon this incorrect statement of the zoning district of the Locus in endorsing this plan, which divided a then-vacant lot containing 110, 000 square feet, thus conforming with the minimum lot area requirement of 80, 000 square feet in the Limited Use General-2 district, into two lots each of which contain 55, 000 square feet and thus are nonconforming with the lot area requirement . On November 16 , 1983 , the applicants purchased the Locus, also relying upon the incorrect statement of zoning district upon the Shugrue plan, apparently confirmed by the fact that the Planning Board had endorsed the plan with this statement upon its face . They then proceeded to build a single-family dwelling pursuant to Building Permit No. 3078-83 , issued by the Nantucket Building Department on November 18, 1983 , which evidently also relied upon the incorrect statement upon the plan that the Locus was zoned LUG-1 . Upon completion of this dwelling, on June 18 , 1984 , Certificate of Occupancy No. 3078-84 was issued by the Building Department . 5 . The applicants also present to us that the plot plan of the Locus recently prepared on their behalf by Charles W. Hart & Associates (a reduced copy of which is attached hereto as Exhibit A) , which disclosed to them for the first time the lot area problem described in Paragraph 4 of this decision, also revealed to them for the first time that the dwelling upon the Locus had been incorrectly sited by their builder at a point about 4 . 2 feet from the easterly side line of the Locus, rather than the 15 feet from the boundary required in LUG-2 zoning districts (10 feet if the Locus were LUG-1) . This apparently negligent error was contrary to the plans and applications filed by the contractor, who we are informed has been through bankruptcy and is no longer on Nantucket . 6 . It is to be noted that the dwelling now existing upon the Locus, having been in existence in its present configuration for ten years as evidenced by Building Department records, is now protected against any enforcement actions which might be undertaken by any authority by the provisions of M.G.L. , c . 40A, 2 §7, and By-law §139-25 .C (3) , and accordingly is entitled to remain in existence permanently. 7 . The applicants had the plot plan attached hereto as Exhibit A prepared in connection with plans to construct an addition to the easterly side of their dwelling. While these plans will obviously need to be altered in the light of the unexpected proximity of the present dwelling to the easterly lot line, the applicants ask the Board to establish as part of our decision guidelines as to what alterations can be performed and whether further relief from this Board will be required in connection therewith. 8 . Under the extremely unusual circumstances presented to us by this application, the Board voted unanimously to grant the relief by VARIANCE requested by the applicants, from the minimum lot area requirement and the side yard setback requirement under By-law §139-16 .A, to confirm the validity of the Locus as a separate lot and the siting of the present structures thereon as shown upon Exhibit A, finding that owing to circumstances relating to the topography of the Locus and the structures thereon (consisting of the fact that the structures upon the Locus are now protected against all enforcement actions and may remain permanently notwithstanding the zoning nonconformities set forth in this decision) , especially affecting the Locus but not affecting generally the district in which it is situated, a literal enforcement of the provisions of the By-law would involve substantial hardship to the applicants (in that their property would be unmarketable and no additional building permits could be secured for any work upon the Locus) , and that 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 (in that the plan was endorsed by the Planning Board, a building permit was issued by the Building Department, a Certificate of Occupancy has been issued, and the applicants have reasonably relied upon each of these actions by Town boards and officers, the building' s side line setback nonconformity is measured from a line which abuts a "paper street" which is unlikely to be opened or constructed, the conditions upon the Locus have been in existence for more than 12 years without any objection or complaint, and after proper notice there has been no objection to this application from any neighbor) . 9 . As to the applicants ' request for establishment of the conditions under which alterations may be made to the dwelling now existing upon the Locus, as a condition of the variance relief granted hereby, we hereby determine that any such alteration which does not change the present configuration of any portion of the dwelling lying within 15 feet of the easterly side line of the Locus as shown upon Exhibit A may be constructed 3 without further relief from this Board. No new structure may be constructed within any setback area. The maximum ground cover ratio upon the Locus shall be that from time to time provided for the zoning district in which the Locus is situated (at present, Limited Use General-2 which has maximum ground cover ratio of 4%, or 2 , 200 square feet for the Locus, having lot area of 55, 000 square feet) . I . Dated: October 31 , 1996 Mic 4 - J. 4_ ara / t Li,. F Wil`W a a . D W / ai e ( < 1 Rob: 1 J.. Lei a er 1 r D- ei Parent f:\wp\brandt\william\brandboa.dec RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 OCT 31 1996 T ME: CL� CLERK: S$ vtetV 4 EXHIBIT A ZONING CLASSIFICATION: .41 U.6-2 EXISTING: • MIN. AREA:: . . ,5.757 0a;�S. MIN. FRONTAGE. FT . 5. -. /2.4441 FRONT YARD S.B. 3 �1. N. . . . REAR k SIDE S.B.: . GROUND COVER (Z): . . %le,. P GIG)-‘r G�10 oo 2.SD/ 6 C.- 796 tg-e- -1 o ` o h ^/QT,�•' /7 (A/47/ .�i2. " /7 Y\ ,'?44A L) O.Q/a /-/0-/9P3 \ ' \ \ \ \ \ 5' 0.00- • \J I CERTIFY, AS OF : , THAT THE BUILDING(S) IS/ARE LOCATED ON THE BUILDING LOCATION PLAN GROUND AS SHOWN HEREON. OF LAND IN PROFESSIONAL LAND SURVEYOR NANTUCKET, MASS. SCALE: t'-6O' DATE:XQ2.z3/99� THIS PLOT PLAN WAS PREPARED FOR THE TOWN Owner:IVAW�/.1(e.Tn/ ,r4/41/t(- 1.(...844.1f07--. OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A PROPERTY LINE Deed:BiYZO7 .��i . Plan Bit�.Zi2 .?6../7. ESTABUSH SURVEY. THIS PLAN SHOULD NOT BE USED TO PROPERTY N PREMISES.OR ANY ANCILLARY T STRUCTURES ON THE Locus . ‘. L✓`k✓.".s ./�I . . . THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. CHARLES W. HART & ASSOCIATES, Inc. THIS PLOT PLAN IS NOT A CERTIFICATION AS TO SANFORD BOAT BUILDING TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. 49 SPARKS AVENUE OWNERS OF ADJOINING PROPERTIES ARE SHOWN NANTUCKET, MASS. 02554 ACCORDING TO CURRENT ASSESSOR RECORDS. (508) 228-8910 ASSESSOR MAP: . 80. , PARCEL: .���•/ NOT TO BE RECORDED. C:\JOBS\CWH\B V Cpau Ar TOWN OF NANTUCKET ` APPEALS BOARD OF vion 1 NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P.M. , FRIDAY, OCTOBER 4 , 1996 , in the Selectmen' s Meeting Room, Town and County Building, Broad Street , Nantucket , Massachusetts , on the Application of: WILLIAM F . BRANDT, JR. AND ELAINE K. BRANDT BOARD OF APPEALS FILE NO. 054-96 The Applicants are seeking relief by VARIANCE pursuant to Nantucket Zoning By-Law §139-32A from the requirements of Nantucket Zoning By-Law §139-16A ( Intensity Regulations - minimum lot size and setbacks) to validate their lot and confirm the siting of the structure thereon, and establish the conditions under which an addition and subsequent alterations to the structure can be made. The Locus is a lot containing about 55 ,000 square feet , created by a plan endorsed by the Planning Board as "approval-not-required" on January 10, 1983 , when, as now, the Locus was situated in a Limited Use General-2 zoning district, which requires a minimum lot size of 80,000 square feet . The Plan is said to have incorrectly stated that Limited Use General-1 zoning, with a minimum lot area of 40,000 square feet and a minimum side yard setback distance of 10 feet required, was applicable. The Applicants purchased the. Locus on November 16 , 1983 , and built a single-family dwelling for which Certificate of Occupancy No. 3078-84 was issued on June 18 , 1984. As a result of a recent survey, done in the context of the Applicants ' plans to construct an addition, they have discovered that the dwelling is in fact 4. 2+ feet from the northeasterly side yard lot line at its closest point, thus being in violation of the 15-foot side yard setback requirement in the LUG-2 zoning district . The premises is located at 6 WEWEEDER AVENUE, Assessor ' s Map 80, Parcel 102 . 1 , Lot 17 , Plan Book 22, Page 17 , Lot 5 . The property is zoned Limited Use General-2 . IAN r ,f,,,eJ, -4/7& aj Michael J. O'Mar , 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 Dat NANTUCKET, MA 02554 CASE No. G APPLICATION FOR RELIEF Owner' s name (s) : William F. Brandt, Jr. , and Elaine K. Brandt Mailing address : c/o Reade & Alger Professional Corporation, Post Office Box 2669, Nantucket, Massachusetts 02584 RECEIVED Applicant' s name : Same TOWN CLERK'S OFFICE N�{NTU-.►CKET, MA 02554 Mailing address : Same Location of lot : Assessor' s map and parcel number 80-102 . 1 SEP 1 8 1996 Street address : 6 Weweeder Avenue LIME: 3 P Registry Land Ct Plan, Plan Bk & Pg or Plan Filc 22 Lot 17 rF,.�5KK1- Q Date lot acquired: 11/16/83 Deed Ref 207/114 Zoning distY'i`ct :LUG 2 �J�, gyp, Uses on lot - commercial : None x or MCD? - number of : dwellings i duplex — apartments _ rental rooms Building date (s) : all pre-8/72? No or 1983 C of 0? Yes Building Permit appl'n Nos . 3078-83 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 139-231A & B attach decision or orders appealed. OK to attach addendum See attached addendum. Items enclosed as part of this Application: orders_ addendum2 x Locus map x Site plan x showing present x + planned _ structures Floor plans present _ proposed _ elevations _(HDC approved? _) Listing lot area x frontage x setbacks x GCR x parking data Assessor-certified addressee list 4 sets x mailing labels 2 sets x 5200 fee payable to Town of Nantucket x proof3 ' cap' covenant to BOA. )