HomeMy WebLinkAbout065-96 40 aTUchty, TOWN OF NANTUCKET
o�t
�� - : BOARD OF APPEALS
•yc�'4PoRA1I' NANTUCKET, MASSACHUSETTS 02554
Date:V/0� 6 , 19'9 7
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No. : 065-96
Owner/Applicant: Charles Krueger
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 .
34.1JAA/
Michael J. O' A<J9 \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 Plan Book 22, Page 17
4 Weweeder Avenue Lot 4
Deed Book 421, Page 125 Limited Use General-2
DECISION:
1 . At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, December 6 , 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 CHARLES KRUEGER, c/o Reade & Alger
Professional Corporation, Post Office Box 2669, Nantucket,
Massachusetts 02584 , File No. 065-96 :
2 . The applicant seeks relief by VARIANCE pursuant to
Nantucket Zoning By-law §139-32 .A, from the requirements of
Nantucket Zoning By-law §16 .A (Intensity Regulations - Minirrum
Lot Area) to validate his 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 plan incorrectly stated that
Limited Use General-1 zoning, with minimum lot area of 40, 000
square feet and minimum side yard setback of 10 feet, was
applicable . The Locus was improved with a single-family dwell:-ng
pursuant to Building Permit No. 2893-83 , and a Certificate of
Occupancy was issued on December 2, 1983 . As the result of a
recent survey done on his neighbor' s property, the applicant
discovered that the Locus is situated in a Limited Use General -II
zoning district, and accordingly is in violation of zoning
requirements . An existing shed that is in violation of :he
easterly side yard setback requirement of 15 feet will be moved
out of the setback area. The subject property (the "Locus" is
situated at 4 WEWEEDER AVENUE, Assessor' s Map 80, Parcel 102 , is
shown on plan recorded with Nantucket Deeds in Plan Book 22 , Page
17, as Lot 4 , 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 Bcard
recommendation was unfavorable. There was one letter in suppert,
and no opposition, presented at the public hearing.
1
4 . Based upon the materials presented to the Board of
Appeals by the applicant, it appears clear that the applicant :mss
an innocent victim 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 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, 030
square feet and thus are nonconforming with the lot area
requirement . On May ii, 1984, the Applicant and his former
spouse purchased the Locus, which had already been improved with
a single-family dwelling pursuant to Building Permit No. 2893-83 ,
issued by the Nantucket Building Department, which evidently also
relied upon the incorrect statement upon the plan that the Locus
was zoned LUG-1 . A Certificate of Occupancy No. 2893-83 had been
issued by the Building Department prior to the Applicant ' s
purchase of the property.
5 . 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 row
protected against any enforcement actions which might be
undertaken by any authority by the provisions of M.G.L. , c . 4CA,
§7, and By-law §139-25 .C (3) , and accordingly is entitled to
remain in existence permanently.
6 . The plot plan attached hereto as Exhibit A prepared in
connection with this application shows the existing structures
upon the Locus . The applicant informs us that a shed, currently
nonconforming with side yard setback will be relocated upon the
lot in order to conform with the 15 foot side yard setback. The
applicant asks the Board to establish as part of our decis:on
guidelines as to what alterations can be performed in the future
and whether further relief from this Board will be required in
connection therewith.
7 . Under the extremely unusual circumstances presented to
us by this application, the Board voted unanimously to grant Lhe
relief by VARIANCE requested by the applicant, from the minimum
lot area requirement of By-law §i39-16 .A, to confirm the valid:_ty
of the Locus as a separate lot, finding that owing to
circumstances relating to the topography of the Locus and -:he
structures thereon (consisting of the fact that the dwelling u:oon
2
the Locus is now protected against all enforcement actions and
may remain permanently notwithstanding the zoning nonconformities
set forth in this decision) , especially affecting the Locus bit
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 applicant (in that his 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 gcod
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
applicant has reasonably relied upon each of these actions by
Town boards and officers, 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) .
8 . As to the applicant ' s 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 new
structures or alterations must be constructed in conformity with
required setbacks, and that 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, . 00
square feet for the Locus, having lot area of 55, 000 square
feet) .
9 . The relief herein granted is subject to the condit:_on
that the existing shed upon the Locus be relocated upon the Locus
so that it is brought into conformity with etback regulations
for this district .
OF
Dated: -r , 1990 0
cl,trtua.Ar M A 0-2_14. • t a -
RECE, 'F I�,r
AWN C! E! Iti' OFFICE Robert J. I ichter
NANTI irr_ r_• `CIA 02554
JAN U 6 1997 ale W. Waine
TIME: 3-%Y p
ic.L4)...t..-1.4.A
Nan fJ J. S re
NfiNf
William P. Hourihan, Jr.
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3
ZONING CLASSIFICATION: ,C.•Y:G.•'2 . EXISTING:
MIN. AREA: 90000 S.R: .3'5000s,F
MIN. FRONTAGE: !9V,L 7r . . : 4 > A y
FRONT YARD S.B.: . .3,5. Fr.. . . "
REAR & SIDE S.B.: . 14".A"."7.7. . . Exhibit A
GROUND COVER (X)• '4
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��"�N OF 11;°/D R'
? CHARLES /, •J r
ME HART y
I CERTI'. .p.32489 A/- F,9N THAT
THE BUI\�' i G1:. • .' ,' ON THE BUILDING LOCATION PLAN
GROUND �:.'�''!ql�� i °' .N.
0 if `„"M��,�^ OF LAND IN
�� ' . iW (xwV NANTUCKET, MASS.
PROFESSIONAL LAND SURVEYOR
SCALE: 1"=GO' DATE: //-'1-99
THIS PLOT PLAN WAS PREPARED FOR THE TOWN Owner: Cst,a.e.- 7.• - !-.1:c9.- !-.1:c9. ..E�e . . .
OF NANTUCKET BUILDING DEPARTMENT ONLY AND . ,o 7.4
SHOULD NOT BE CONSIDERED A PROPERTY UNE g,2 f_1ga Book 2 7
SURVEY. THIS PLAN SHOULD NOT BE USED TO Deed. Plan . %2i./P•/.
ESTABUSH PROPERTY UNES, FENCES, HEDGES, OR $ We W,E,EIJ ER AV�e.
ANY ANCILLARY STRUCTURES ON THE PREMISES. Locus
THE PROPERTY UNES SHOWN RELY ON CURRENT
DEEDS AND PLANS OF RECORD, CHARLES W. HART 8c 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.
ASSESSOR MAP. 80 PARCEL 102 NOT TO BE RECORDED. (508) 228-8910 H_5217
,A.W.S\cwMIV
o� ,NTUCCti, TOWN OF NANTUCKET
__= BOARD OF APPEALS
•*'y by
0.'4PoRATI NANTUCKET, MASSACHUSETTS 02554
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS
will be held at 1 : 00 P.M. , FRIDAY, DECEMBER 6 , 1996, in the
Selectmen' s Meeting Room, Town and County Building, Broad Street ,
Nantucket, Massachusetts , on the Application of:
CHARLES KRUEGER
BOARD OF APPEALS FILE NO. 065-96
Applicant is seeking relief by VARIANCE from Nantucket Zoning
By-Law §139-16A (Intensity Regulations - minimum lot size) . Applicant
seeks to validate the Lot and the structure thereon and establish the
conditions under which alterations to the structures 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-II zoning district , with a minimum lot area requirement of
80,000 square feet. The plan incorrectly stated that Limited Use
General-I zoning, with a minimum lot area requirement of 40,000
square feet, was applicable . The Locus was improved with a
single-family dwelling pursuant to Building Permit No. 2893-83 , and
a Certificate of Occupancy was issued on December 2 , 1983 . As a
result of a recent survey done on his neighbor ' s property, the
Applicant discovered that the Locus is situated in a Limited Use
General-II zoning district , and accordingly is in violation of
zoning requirements . An existing shed that is in violation of the
easterly side yard setback requirement of 15 feet will be moved out
of the setback area .
The premises is located at 4 WEWEEDER AVENUE, Assessor ' s Map
80, Parcel 102 , Plan Book 22 , Page 17 , Lot 4 . The property is zoned
Limited Use General-II .
/Lk A i _0
0 0Acti
Michael J . O'M. 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 Date
NANTUCKET, MA 02554
CASE No. GUS-
-
APPLICATION FOR RELIEF
Owner's name(s) : Charles Krueger
Mailing address: c/o Reade & Alger Professional Corporation, Post
Office Box 2669, Nantucket, Massachusetts 02584
Applicant's name: Same
Mailing address: Same
Location of lot: Assessor's map and parcel number 80-102
Street address: 4 Weweeder Avenue
Registry Land Ct Plan, Plan Bk 22 Page 17 Lot 4
Date lot acquired: 7/26/93 Deed Ref 421/145 Zoning district LUG-2
Uses on lot - commercial: None x or MCD?
- number of: dwellings 1 duplex — apartments _ rental rooms
Building date(s) : all pre-8/72? or 1983 C of 0? yes
Building Permit appl'n Nos. 2893-83
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 139-31A
& B attach decision or orders appealed. OK to attach addendum2
See attached addendum.
Items enclosed as part of this Application: order'_ 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 T0h/N RECEij
1$200 fee payable to Town of Nantucket x proof3 'cap' covenant _ NA NT CL ER L,
(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) ll^irrT 'S OFFICE fro
NO 4 02554
I certify that the requested information submitted is substantially V 2. r�
complete and true to the best of .my knowledge, under the pains and IIwit:_ 1 19,76
penalties of perjury. J _ n
/'
SIGNATURE: ; C// /7/., / Applicant _ Attorney/agent x CLERK: '_
3(If not owner or owner's attorney enclose proof of authority)
FOR BoA OFFICE USE (c,//
l#
Application copies rec'd: 4 (--/Or or fo BoA on // / by
One copy filed with Town Clerk on /(/Z 7(e by /;R by L—
One copy each to Planning Bd and Building De tG�� � by ���
$200 fee check given T�}wn Treasurer on // /2 'f0 by waived? �}
notice posted lI mailed (� /2Ur I & M `( /Z( `6,2/ G
Hearing p / — — — —
Hearing(s) on _/_/_ co d to /_/ , _/_/_ withdrawn? _/—/-
Decision due by / / made —/ /— filed TC _/ /_ mailed _/_/_
See related cases lawsuits other
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