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Home My WebLink About084-88MAMUCAET ZONING BOARD Cpr APPRMA NAMTWXZTI 3ULMOICRUSIMS 02554 File No. (084 -88) To: Parties in interest and others Re: Decision in the•Application of SUSAN TATE r +"� v September 16 , 1988 f �• Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decisions may be taken pursuant to Section 17 of Chapter 40A,,Massachugetts General Laws. Any action appealing the decision must be brought by filing a complaint in court within twenty (20) days after this 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. cc: Building Commissioner Planning Board Town Clerk William R. Sherman, Chairman BOARD OF APPEALS Town of Nantucket Nantucket, MA 02554 DECISION: At a public hearing of the BOARD OF APPEALS on Friday, August 26, 1988 at 1:30 P.M. in the Town and County Building, Nantucket, Mass. on the application (084 -88) of SUSAN TATE of 23 Broad Street, Nantucket, MA 02554 1. Applicant seeks a Variance pursuant to Zoning By -law Section 139 -16(C) to validate the siting of the single family residence with encroachments of 4 -12" into the ten foot rear and side set backs of her undersized 8,000 square foot lot. The Premises are located at Arlington Street, Tom Nevers, Assessor's Parcel 76.1.3 -241 and shown as Lots 5 -8 on Land Court Plan 5004 -G, Block 3, Section 5, in the Zoning District Limited Use General -3. 2. Our findings are based upon the Application papers including site plan (marked as Exhibit A), Building Inspector records and representations and testimony received at the hearing. 3. The Planning Board's recommendations were favorable. No opposition was heard. The Applicant was present in person as well as represented by legal counsel. 4. Due to the structure being sited in 1983 -84 one foot or less into the ten foot side and rear set backs; that due to the discrepancies in the placement of surveyor boundary markers in Tom Nevers in general and particularly in the area of the subject property resulting in vagueness of surveyor's opinions as to the precise location of the boundary lines; and that due to the Premises presently being the only house sited amoung the adjacent parcels of land, we therefore find that granting the requested relief would not be a substantial detriment to the public good and would not derogate from the intent or purpose of the zoning by -law. 5. Accordingly, by UNANIMOUS vote of this Board, the Variance is granted to the Applicant. Dated: September/4P, 1988 '- WILLIAM R. SHERMAN Z Y/Y MI C%AEl, O' MARA r 59.4� C. MAR HALL BEALE BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 NOTICE A public hearing of the BOARD OF APPEALS will be held on Friday, August 26, 1988 at 7:30 p.m. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application (094 -88) of SUSAN TATE seeking a VARIANCE under Section 139 -16C to validate the 1982 -1983 siting of her single- family residence only 9.0 feet from the rear lot line and 9.6 feet from the-northerly side lot line of her undersized 8000 SF lot. Required setbacks are said to be 10 feet. The premises are at Arlington Street, Tom Nevers, Assessor's Parcel 76.1.3 -241, Land Court Plan 5004 -G, Block 3, Section 5, Lots 5 -8, zoned Limited Use General -3. 'Villiam R. Sherman, Chairman .BOA Form 1 -87 ARPEICA11ON'7 NANTUCKET ZONING BOARD OF APPEALS ("BOA") Owner's name(s): Susan Tate Mailing address: 23 Broad Street, Nantucket MA 02554 Applicant's name Susan Tate Mailing address: c/o Keith M. Yankow Two Orange Street, Nantucket MA 02554 Location of lot(s): Assessor's map and parcel: Map 76.1.3 Parcel-2A-.4 ?_qj Street address Arlington Aye e S�e-k�l— Registry /-LC PL /, PL BK & PG, PL FL 5004 -.6'G- Lot 5 -B Deed ref. 71/73 Subdivision 7-�^A S (�► OC(C 3 Endorsed _ /_ /_ ANR? Date lot(s) acquired: 5 / 4/ 88 Zoning district LUGS Number of dwelling units on lot(s): one Rental guest Looms 0 Commercial use on lot(s): None MCD? No Building date(s): all pre -'72 zoning? No or 1982 -1983 Building permit application-Nos. and dates C of 0? Yes Case No(s). or dates all prior BOA 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 seeks a Variance pursuant to § 139 - 32A to validate side and rear set backs 4 -12" too close to boundary from dwelling built and given Certificate of Occupancy in 1983 despite then applicable ten foot side and rear set back requiremen-ts. Enclosures forming part of this Application: Supplement to above Site /plot plan(s) x with present /- . { I structures 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:.sets) _ Fee check for $150.00 payable to Town of Nantucket x !'Cap" covenant I certify that the requested information submitted is substantially complete and true to Ph b s of myl/kn9owledge, under pains and penalties.-of perjury, Signature: 9 Applicant Attorney /agent _X (If not owner, show basis for authority.: tb^app -1_ -: ) '. BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 NOTICE A public hearing of the BOARD OF APPEALS will be held on Friday, August 26, 1988 at 1:30 p.m. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application (094 -88) of SUSAN TATE seeking a VARIANCE under Section 139 -16C to validate the 1982 -1983 siting of her single- family residence only 9.0 feet from the rear lot line and 9.6 feet from the northerly side lot line of her undersized 8000 SF lot. Required setbacks are said to be 10 feet. The premises are at Arlington Street, Tom Nevers, Assessor's Parcel 76.1.3 -241, Land Court Plan 5004 -G, Block 3, Section 5, Lots 5 -8, zoned Limited Use General -3. William R. Sherman, Chairman BOA Form 1 -87 Nor - ABPELCATION NANTUCKET ZONING BOARD OF APPEALS ("BOA-) CV C"t �G Owner's name(s): Susan Tate Mailing address: 23 Broad Street, Nantucket MA 02554 Applicant's name Susan Tate Mailing address: c/o Keith M. Yankow Two Orange Street, Nantucket MA 02554 Location of lot(s): Assessor's map and parcel: Map 76.1.3 Parcel 2A--1'a 40 Street address Arlington Awe Registry /EC PL/ PL BK & PG, PL FL 5004 -66-G Lot 58 Deed ref. 71/73 Subdivision CPt*'0y1 S' (O �2� Endorsed _ /, /_ ANR? Date Lot(s) acquired: 5 / 4/ 88 Zoning district LUG3 Number of dwelling units on lot(s): one Rental guest Looms 0 Commercial use on lot(s): None MCD? No Building date(s): all pre -'72 zoning? No or 1982 -1983 Building permit application-Nos. and dates __ C of 0? Yes Case No(s). or dates all prior BOA 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 seeks a Variance pursuant to § 139 - 32A to validate side and rear set backs 4-12" too close to boundary from dwelling built and given Certificate of Occupancy in 1983 despite then applicable ten foot side and rear set back requiremekts. Enclosures forming part of this Application: Supplement to above Site /plot plan(s) x with present /- $— posed structures Locus map Floor plans present /proposed Appeal:record' Needed: areas frontage setbacks y_ GCR% parking data Assessor's certified addressee list (4 sets):;' X. • Mailing labels) (-�., . eta), 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 true -to h b s of my kn ledge, under pains'and penalties.'.-of perjuryi Signature: l Applicant Attorney /agent X (rf not owner. show basis for authority°to,�app1_-:)` _