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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. f:\wp\krueger\kruegboa.dec 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 I G14' I iLl WU} G rn W cE F 00 \\ Cy. 80-102.1 n/� W�iTK e4i�L Uut � c•/Z I CC U Z !- Z m U OQ . o di F- Z m 0 0 80-103 p n/A O F. & r.. G. VOA/ SK.ED I",CKA4AN1•! G.G.C.=5,29 3.r- �1ZS .-* (O..--'-1,'1srr. 'wt./4A' �, •G.C•• 7471 S.F. •o L . N` �� ��"�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 f:\wp\krueger\kruegboa.app •