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Home My WebLink About038-88N o -39-91S? TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April �sl , 1988 Re: Decision in the Application of PETER-M. NICHOLSON, TRUSTEE OF OFF -SHORE REALTY TRUST (038 -88) Enclosed is a notice of the Decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. L William R. R. Sherman, Chairman BOARD OF APPEALS 5 i cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 n F'O T C TnTT. At. a Public Hearing of the BOARD OF APPEALS held on MONDAY, MARCH 28, 1988, at the Town and Couty Building, Nantucket, in the matter of the Application of PETER M. NICHOLSON, Trustee of OFF -SHORE REALTY TRUST (038 -88) , the Board enters the following decision and makes the following findings: 1. The Applicant seeks a VARIANCE from Nantucket Zoning By -Law Section 139 -16.A (Intensity Regulations -Front Yard Setback), '_P,pr, CC,btr e front--yard / t requesting relief of the ^ setback requirement of t".1 feet to confirm the siting of an existing single- family dwelling about six feet from the line of Towaddy Lane. The premises are loc«t.ed at 17 Clifton Street, Siasconset (Assessor's Parcel 73.4.1 -46), Plan File 9 -E, Lot 10, and are zoned as RESIDENTIAL -2. 2. Based upon the Application, representations and testimony at the public hearing, and our knowledge of the premises, we find that the dwelling upon the premises was constructed pursuant to Building Permit No. 2053 -81, issued by the Nantucket Building Department on October 14, 1981. A Certificate of Occupancy was issued, numbered 2053 -82, on July 30, 1982. The premises were then located in a Residential -1 zone, with required front yard setback of ten feet; later, at the April, 1984, Town Meeting, the premises were rezoned in the present P4sidential -2 zoning district. 3. The premises maintain a 25 -feet front yard setback from Clifton Street; they are a corner lot, with the house built on an angle to each of the lot. lines. We are aware that the Building Department's interpretation of the front yard setback requirements, at the time of construction upon the premises and until 1986, was that the required front.-yard setback need be maintained from only one street, where a lot fronted on more than one street, in order to conform as to this requirement. 4. Under the circumstances, we find it inequitable that the revised interpretaion of the front yard setback be imposed upon the Applicant's premises. We note that the Building Department has not sought to enforce the by -law against the Applicant; rather, we are told that the controversy arises as a result of caution expressed by counsel to a prospective buyer. 5. Accordingly, we find that., owing to the shape of the premises (in that they are located at the corner of two streets), and especially affecting the premises but not affecting generally the zoning district in which they are located (in that only corner lots, built upon prior to the change in interpretation of the by -law, are affected) , a literal enforcement of the provisions of the by -law would involve substantial hardship, financial or otherwise, to the Applicant (in that the marketability of the premises are affected) , and that desirable relief may be granted without substantially derogating from the intent or purpose of the by -law (in that an existing house is affected, and the grant. of relief will have no adverse effect upon the neighborhood) . 6. The grant of variance relief hereunder is upon the following conditions: (a) The premises shall be limited to one dwelling unit; no additional dwelling unit shall be constructed. (b) No addition to or enlargement of the existing structure shall be made or constructed without further relief from this Board. 7. Accordingly, the Board GRANTS relief by VARIANCE, to permit maintenance of the existing building upon the premises (as shown in Exhibit A attached hereto) notwithstanding the setback from Towaddy Lane, upon the conditions herein set forth, by a UNANIMOUS VOTE. Dated: Ar,T� 12Rk William R. Sherman I �0 v D, �' Dorothy D. VUllans C. a shall al Notice A Public Hearing of the BOARD OF APPEALS will be held orl ►nonday, march a?, 1988, at -1:30 P.M., in the TOWN AND COUNTY BUILDING, FEDERAL and BROAD STREETS, NANTUCKET, on the application of PETER M. NICHOLSON, TRUSTEE, of OFF -SHORE REALTY TRUST (02g -88), seeking a VARIANCE under Zoning By -Law Section 139 -16.A (Intensity Regulations -Front Yard Setback) to confirm the siting of an existing single- family dwelling within ten feet of a street. The premises are located at 17 Clifton Street, Siasconset, (Assessor's Parcel 73.4.1 -46) , Plan File 9 -E, Lot 10, and are zoned as RESIDENTIAL -2. r -,w Andrew J. Leddy, act'ng Chairman BOARD OF APPEALS BOA Form 1 -87 ARPEICATION - NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") • Owner's name(s): Peter M. Nicholson, Trustee of Off -Shore Realty Trust Mailing address: c/o Reade & Alger Professional Corp., Post Office Box 2669, Nantucket, MA Applicant's name Mailing address: Location of lot(s): Assessor's map and parcel: 73.4.1 -46 Street address 17 Clifton Street, Siasconset Registry LC PL, PL BK & PG, PL FL 9 -E Lot 10 Deed ref •231 -61 Subdivision Sankaty Village Endorsed 3 / 9/81 ANR? no Date Lot(s) acquired: 6 /24/85 Zoning district Residential -2 Number of dwelling units on lot(s): i Rental guest rooms no Commercial use on lot(s): no MCD7 no Building date(s): all pre -'72 zoning? no or Building permit application Nos. and dates 2053 -81 C of 0? 2053-82 Case No(s). or dates all prior DOA applications: none State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non - conforming use, or to reverse Building Inspector by;Appeal per -31A & B: Applicant requests a variance from zoning by -law Section 139-16-A (Intensity Requl&tiDn - Front -Yard Setback) to confirm siting of a dwelling six feet from the boundary with Towaddy Lane (formerly Island Drive). At the time of construction,the premises � =rr•^ zoned as Residential -1, with front -yard setback of ten feet required. The Building Department, at that time,considered that the premises met zoning requirements as to front -yard setback, in case of a corner lot, if the required setback was met when measured from one street. Set back from Clifton Street is about 39 feet A Certificate of Occupancy was issued July 30, 1982. Enclosures forming part of this Application: Supplement to above Site /Blot plan(s) X with present /proposed structures X Locus map Floor plans present /proposed Appeal.record' Needed: areas frontage setbacks GCR% parking data Assessor's certified addressee list (4 sets).X Mailing -labels) (2;_se'ts) X Fee check for $150.00 payable to Town of Nantucket X "Cap" covenant i certify that the requested information submitted is substantially complete and truo to ta b t pf m know dge, under pains and penalties of perjury.: Signature: 61 !/� Applicant Attorney /agentX (If not owner show basis for auth rity to- apply-:), FOR OFFICE USE 2 - Application copies received: 4((or oey ��for OA J / / Roby One copy given Town Clerk �/ /2�U by Complete? One copy sent to Planning Board and to Buy. g Dept. by $150.00 check given Town Try surer Notices of hearing posted / % /_ mailed Z.0 _ published Ilearing(s) held on _ /_ /_ continued to _ /_ / _ /_ /_ withdrawn? Decision made _ /V /_ filed with Town Clerk _ /_ /_ mailed See related files: application - litigation - other TOWN NANTUCKET, MASS. Certificate of Occupancy No. 2053 -82 This certifies that the.. , , . Structure .. , , , , , located at No...Lot 10 Island Drive R -1 Street ............................. Zone.................... , conforms substantially to the approved 2053 -81 lot plan and detailed statements for which Building Permit No....... ............... was issued October 14 81 ' ............... .. ......� 19 Nantucket This certificate therefore is issued to ....... Sankaty Ni.11 Age. Re- 14Y.......... to occupy or use said premises or building or part thereof for the following purpose ................................ ................................................... ............................... ............. Dwelling ................................................................. ............................... ................................................... ............................... A...... .. subject to and in accordance with all the provisions of the Z By -I�w of the T of N u July 30, 1982 Dated......... .. .. ........... .....: .. ....... .......... Building Inspector. 1W '14, .......... 19. :RMISSI( /..1........14 )F THE , ITES ANI IUILDIN( FTER AL K PERM tASRE) "HIS CARD MUST BE DISPLAYED IN A CONSPICUOUS PLACE ON THE PREMI; i TIFICATE OF OCCUPANCY NO. BUILDING INSI