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Home My WebLink About015-89�e ' q . TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April -7, 1989 File No. 015 -89 To: Parties in interest and others Re: Decision in the Application of: JOHN G. AND ALVIN S. TOPHAM Enclosed is the decision of the Board of Appeals which has this day been filed with 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 a complaint in court wi`_-:_r twenty (20) days after this date. Notice of the action with a -Y %y of the complaint and certified copy of the decision must be -r -gin to the Town Clerk so as to be received within such twenty (2,' bays. / 'g � j4W� -- William R. Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MA 02554 At a public hearing on Friday, March 31, 1989, at 2:30 p.m. in the Town and County Building, Nantucket, on the Application (015 -89) of JOHN G. and ALVIN S. TOPHAM having an address at Hummock Pond Road, Nantucket, MA 02554, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicants seek: A. for Lot 165A, a Special Permit under zoning Bylaw Section 139 -33A to relocate a storage shed on a new pier foundation about one -foot inwardly of.the front and side lot lines at the southwest corner and to upgrade it without altering or increasing its exterior dimensions or changing its pre- existing use (alternatively, a variance, if necessary, for the same purposes); and B. for Lot 136A, a Variance from the 30 -foot front -yard and 10 -foot side -yard requirements of Sections 139 -16 and -16C, respectively (and Section 139 -8A, if necessary) to allow steps and an about 50 -foot catwalk to extend from the southeast corner of the lot with zero front and about 2 -foot side -yard setback and across the short dimension of the lot to the Madaket Ditch; and C. waiver of the second $200 filing fee, relief for two separate lots being sought here. 2. The premises are located at 52R Tennessee Avenue, Madaket: A. Assessor's Parcel 59.4 -094 for Lot 136A, and B. Assessor's Parcel 59.4 -003 for Lot 165A, Land Court Plan 3092 -5, zoned Residential -2. 3. Our findings are based upon the Application papers including Schematic Site Plan dated 2/10/89 (our Exhibit "A"), axial - -their counsel's memorandum of 3/31/89, photo prints of the shed, correspondence and testimony and representations received at our hearing. 4. For Lot 165A, we find that the approximately 8' X 12.5' woodframe shed pre -dates zoning and has continued in use as a fishing shanty. It is the sole structure to be on the lot. Fishing gear has been stored there and some maintenance and repair of fishing and boating gear has »I File No. 015 -89 been carried on. from its histori c the wetlands lot there be secured renovated. Applicants propose to relocate the shed site straddling the front lot line onto into the upland SW corner. The shed will to new foundation piers and generally 5. In the language of Section 139 -33A, the present setback nonconformity will be made less nonconforming, and no detriment to the neighborhood is perceived. The relief requested is in harmony with the general purpose and intent of the zoning Code. Neighbors heard from were uniformly favorable including the abutter most immediately affected. Since Applicants thereby qualify for Special Permit relief, alternative variance relief is unnecessary and, therefore, denied. 6. As to Lot 136A, ordinarily a sidewalk providing access into a lot may extend from a lot line to serve its inherent purpose. Here, the walkway is raised as a catwalk because of wetlands across the site. The 50' length from the SE corner across the site provides access to the water for boating and fishing with minimal length and correspondingly low impact. (In the case of this as well as wetlands Lot 165A, we must condition .relief on Applicants obtaining any needed order in conditions from the Nantucket Conservation Commission to assure minimal adverse impact.) 7. In replacing a prior, abandoned catwalk, Applicants are proposing a structure ancillary to maintaining the lot in its natural state [Section 139- 7A(5)] affording them appropriate access to the water from the unconstructed abutters' way between their lots. This is the only available use for their unbuildable lot and is, under the circumstances, a permitted use. 8. Again, neighbors were favorable. Hardship arising from wetland soil conditions, topography and shoreline contour meets the pre - condition of Section 1390 -32A for variance relief. Such relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zonming Code. (Relief from "permitted uses" Section 139 -8A is unnecessary and is accordingly denied.) 9. We note with appreciation counsel's thorough memo on the circumstances and relief sought. 10. With the foregoing condition that ConCom approval is required and with favorable vote on the fee waiver request, this Board, by unanimous vote, grants to Applicants: A. As to Lot 165A, the requested Special Permit under - 2 - File No. 015 -89 Section 139 -33A to relocate and renovate the fishing shanty /storage shed, and B. As to Lot 136A, to construct and use the proposed catwalk with steps, b j Uar► Qyj ee . both, substantially as shown in Exhibit "A ". Dated Apr' 1 "'�, 1989 e t t ;e c7 e William R. Sherman -- --`bale W. Waine Mic ae J. O'Mara Ann G. Balas - 3 - NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 March 16, 1989 NOTICE A public hearing of the Board of Appeals will be held on Friday, March 31, 1989, at 1:30 p.m. in the Town and County Building, Nantucket, on the Application of: JOHN G. and ALVIN S. TOPHAM Board of Appeals File No. 015 -89 seeking a Special Permit to alter a nonconforming use of Lot 165A by recontructing a small storage shed, relocating it fully within the lot but within the required 30 -foot front and 10 -foot side -yard setbacks, alternatively, a variance under Section 139 -16A and C, and for Lot 136A a variance under Section 139 -16A and C (and Section 139 -8A, if necessary) to construct steps and a catwalk extending from the lot line along the way which separates the two lots across to Madaket Ditch and thus within the setbacks. The premises are at 52R Tennessee Avenue, Assessor's Parcels 59.4 -094 and 003, Land Court Plan 3092 -S, Lots 136A and 165A, zoned Residential -2. Waiver of a second application fee may be asked. William R. Sherman, Chairman BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 - (a CASE No. y APPLICATION FOR RELIEF I owner's name(s)'; John G. xo ham and Alvin S. To ham Mailing address: Hummock I pond Road Nantucket MA 02554 Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number jam- 94 and 3 Street address: Registry Land Ct Plan, Plan Bk & Pg or Plan File 3092 -S Lot 136A U 165A Cert. No•72 3 Zonin district R -2 Date lot acquired: 10 15 74 H7u ert.7?N _4_ g Uses on lot - commercial: None — or Recreational and Storage MCD ?_N - number of: dwellings 0 duplex 0 apartments 0 rental rooms 0 Building date(s) : all pre- 8/72? Yes. or C of O ?!: /A Building Permit appl'n. Nos. N/A Case Nos. all goA applications, lawsuits: N/A State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grbunds you urge for BoA to make each finding per Section 139 -32A 'X if Variance, 139 -30A if a Special Permit (and 139 -33A X if to al'ter'or extend alnoncod orming use). If appeal per 139 -3�A _C _B attach decision or order appealed. OK to attach addendum 139 -13A - Special pertit to reconstruct and relocate existing W/F shed. 139-32A - Variance to reconstruct and relocate existing W/F shed within front_ yard and side yard setbacks. au,d_� x/139 -32A - Variance to construct catwalk and steps within front yard and side yard setbacks.Y�j Items enclosed as part of this Application: orderl addendum2___ Locus map_ Site plan X showing present X +planned X struct.res Floor plans present proposed_ elevations (HDC approved. Listings lot area X frontage X setbacks X GCR X parking dat::_ Assessor- certifie3 addressee list 4 sets X mail! labels 2 sets =: 07 % Si200 fee payable to Town of Nantucket X proof cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr's record to BeA.) ✓�/(Q I certify that the requested information submitted is substantial--Y / complete and true to the best of my knowledge, under the pains and penalties of perjury. ��/j /l��,� SIGNATURE �� '�"+�s �J tipplicant Attorn gent _ 3(If not owner or owner's attorney, enclose proo thority) FOR BoA OFFICE USE Application copies rec d: 4 t� or for BoA on___�/• by / 1 .-9 i� complete? +� ' One copy filed with Town Clerk on J L by One copy each to Planning Bd and Building Depth /�! by ��L_ waived? - by t -�� $200 fee check given Town Treasurer on — Hearing notice posted // J! mailed�/,LjJJL I & Hearing(s) one---/_ cont'd to_/--J_, withdrawn ? _J__J_ Decision due by_/--J_ made__J--J_ filed TC--J__j_ mailed__J___,/ _ see rela': c uses___ lawsuits other