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
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f:\wp\brandt\william\brandboa.dec
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
OCT 31 1996
T ME: CL�
CLERK:
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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,.
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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. )