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Home My WebLink About035-89035- �?�f NANTUCKET 2OMING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June 9 , 198 9 File No. (035 -89) To: Parties in interest and others Re: Decision in the Application of WILLIAM NORRIS, FOR HIMSELF AS CONTRACT PURCHASER AND FOR OWNER PACIFIC NATIONAL BANK OF NANTUCKET 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 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. William R. Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a public hearing held on Friday, May 26, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, made the following Decision upon the application of WILLIAM NORRIS, for himself as contract purchaser and for owner PACIFIC NATIONAL BANK OF NANTUCKET (035 -89): 1. Applicant seeks a SPECIAL PERMIT under Zoning By -Law SECTION 139 -33A to validate the alteration and extension of a non - conforming single - family dwelling (with one apartment), so as to validate an addition to the rear of the building extending 1.1 feet into the required five foot rear line setback. This alteration does not make the non - conforming distance to the rear line more non - conforming than the pre- existing portion of the building which was removed at the time of the addition. The premises are at 63 Orange Street, Assessor's Parcel 55.4.1 -016, Plan Book 18, Page 130, Lot 3 and are zoned RESIDENTIAL -OLD HISTORIC. Lot 3 is to be reconfigured as a larger lot in accordance with the plan submitted with the application. 2. Our findings are based upon the application papers, including plans received before the May 26, 1989 hearing, plans revised at the hearing, and testimony and representations of the Page One of Three Applicant and counsel for the Applicant. Based upon the Applicant's representations, we find that the premises include a single - family residential dwelling with basement apartment which pre- exists the effective date of the Nantucket Zoning By -Law. We find further that a predecessor in title to the owner of the premises removed a portion of the structure along the westerly rear lot line in 1986 pursuant to Building Permit No. 4526 -85. The portion of the structure removed was sited 3.9 feet from the rear lot line. In addition, we find that at the time of the removal of this portion of this structure, an addition was constructed to the rear of the dwelling which was also 3.9 feet from the rear lot line. We find further that this dwelling is a "non- conforming use" as defined in Section 139 -2 of the By -Law by reason of the intrusion of the dwelling into the five foot rear yard setback required by Section 139 -16A. 3. The alteration of the dwelling does not make the non - conforming distance to the rear line more non - conforming than the pre- existing portion of the building which was removed at the time the addition was constructed. 4. We find that validation of the alteration and extension to the pre- existing dwelling on the premises would not be substantially more detrimental to the neighborhood. The nearest neighbors expressed no objection to the requested relief and we find that a grant of Special Permit relief will regularize the structure on the premises and enable the Applicant to upgrade Page Two of Three significantly the dwelling on the lot. Some neighbors objected to the location of an off - street parking space on a westerly portion of the premises which is bounded by Fair Street. The Applicant offered to relocate this off - street parking space in the southeastern corner of the lot along Orange Street. To assure that the proposed use of the dwelling and apartment would be in harmony with the general purposes and intent of the Zoning By -Law, we condition relief upon: A. The relocation of one (1) off - street parking space from the westerly strip of land bounded by Fair Street to the southeastern corner of the lot bounded by Orange Street; B. Approval of the plan showing the reconfigured lot by the Nantucket Planning Board and recording of such plan at the Nantucket Registry of Deeds; and C. Dismissal of Land Court Case No. 120 -342. 5. By Unanimous Vote, the Board GRANTS to Applicant the requested Special Permit under Section 139 -33A subject to the conditions noted in Paragraph 4 above. Dated: June CI , 1989 Ir IA Page Three VL -LnLUu NANTUCKET 20HING BOARS) OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June 9 , 198 9 File No. (035 -89) To: Parties in interest and others Re: Decision in the Application of M WILLIAM NORRIS, FOR HIMSELF AS CONTRACT PURCHASER AND FOR OWNER PACIFIC NATIONAL BANK OF NANTUCKET 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 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. William R. Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a public hearing held on Friday, May 26, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, made the following Decision upon the application of WILLIAM NORRIS, for himself as contract purchaser and for owner PACIFIC NATIONAL BANK OF NANTUCKET (035 -89): 1. Applicant seeks a SPECIAL PERMIT under Zoning By -Law SECTION 139 -33A to validate the alteration and extension of a non - conforming single- family dwelling (with one apartment), so as to validate an addition to the rear of the building extending 1.1 feet into the required five foot rear line setback. This alteration does not make the non - conforming distance to the rear line more non - conforming than the pre- existing portion of the building which was removed at the time of the addition. The premises are at 63 Orange Street, Assessor's Parcel 55.4.1 -016, Plan Book 18, Page 130, Lot 3 and are zoned RESIDENTIAL -OLD HISTORIC. Lot 3 is to be reconfigured as a larger lot in accordance with the plan submitted with the application. 2. Our findings are based upon the application papers, including plans received before the May 26, 1989 hearing, plans revised at the hearing, and testimony and representations of the Page One of Three Applicant and counsel for the Applicant. Based upon the Applicant's representations, we find that the premises include a single - family residential dwelling with basement apartment which pre - exists the effective date of the Nantucket Zoning By -Law. We find further that a predecessor in title to the owner of the premises removed a portion of the structure along the westerly rear lot line in 1986 pursuant to Building Permit No. 4526 -85. The portion of the structure removed was sited 3.9 feet from the rear lot 'line. In addition, we find that at the time of the removal of this portion of this structure, an addition was constructed to the rear of the dwelling which was also 3.9 feet from the rear lot line. We find further that this dwelling is a "non- conforming use" as defined in Section 139 -2 of the By -Law by reason of the intrusion of the dwelling into the five foot rear yard setback required by Section 139 -16A. 3. The alteration of the dwelling does not make the non - conforming distance to the rear line more non - conforming than the pre- existing portion of the building which was removed at the time the addition was constructed. 4. We find that validation of the alteration and extension to the pre- existing dwelling on the premises would not be substantially more detrimental to the neighborhood. The nearest neighbors expressed no objection to the requested relief and we find that a grant of Special Permit relief will regularize the structure on the premises and enable the Applicant to upgrade Page Two of Three significantly the dwelling on the lot. Some neighbors objected to the location of an off - street parking space on a westerly portion of the premises which is bounded by Fair Street. The Applicant offered to relocate this off - street parking space in the southeastern corner of the lot along Orange Street. To assure that the proposed use of the dwelling and apartment would be in harmony with the general purposes and intent of the Zoning By -Law, we condition relief upon: A. The relocation of one (1) off - street parking space from the westerly strip of land bounded by Fair Street to the southeastern corner of the lot bounded by Orange Street; B. Approval of the plan showing the reconfigured lot by the Nantucket Planning Board and recording of such plan at the Nantucket Registry of Deeds; and C. Dismissal of Land Court Case No. 120 -342. 5. By Unanimous Vote, the Board GRANTS to Applicant the requested Special Permit under Section 139 -33A subject to the conditions noted in Paragraph 4 above. nA t-_ed : June 1989 Page 2nree o= 1111.CC NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 May 11, 1989 NOTICE A Public Hearing of the Board of Appeals tirill be held on FRIDAY, MAY 26, 1989, at 1:00 P.M. in the Town and Count Building, Federal and Broad Streets, Nantucket, on the App lication of: WILLIAM NORRIS, FOR HIMSELF AS CONTRACT PURCHASER AND FOR OWNER PACIFIC NATIONAL BANK OF NANTUCKET Board of Appeals File No. 03.89 Seeking a SPECIAL PERMIT under SECTION 139 -33A to validate the alteration and extension of a non - conforming single- family dwelling (with one apartment), and addition to the rear of the building extending 1.1 feet into the required 5 -foot rear lot line setback. The alteration is said not to mare the non - conforming distance to the rear line more non - conforming than a pre- existir:g portion of the building which was removed at the time of the addition.. The premises are at 63 ORANGE STREET, Assessor's parcel 55.4.1 -016, Plan Book 18, Page 130, Lot 3, zoned. RESIDENTIAL OLD HISTORIC. Lot 3 is to be reconfigured as a larger Lot III. See prior 039 -86 and 113 -86 and pending Land Court Civil Action #120 -342. William R. Sherman Chairman Board of Appeals BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 CASE No.� APPLICATION FOR RELIEF owner's name(s): Pac i Aic Natio nat Bank o f Nantuck Mailing address: 61 Malin StAeet, Nantucket MA 02554 Applicant's name:- Wi U-i.am Nantuz ( punchaz etc ) Mailing address: c/a Gtidden 9 G.ei.dden P C 37 Cei1tAp- St Nantucket_ MA 02554 Location of lot: Assessor's map and parcel number 5541 - 015 S 016 Street address: 63 Orange Street See Annexed Registry Land Ct Plan, Plan Bk & Pg or Plan File Pan Lot � �il18; 284 Date lot acquired: ]�13/� Deed Ref Uj, 287 Zoning district ROH Uses on lot - commercial: None X or Alin .fie - amity MCD? 9 - number of: dwellings 1 duplex apartments I rental rooms Building date(s) : all pre -8/72? yu or C of 0? No Building Permit appl'n. Nos. 4390 -85 9 4526 -85 Case Nos. all BoA applications, lawsuits: 039 -86, 113 -86 L.C. Ca,6e #120 -342 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 x if to alter or extend a nonconforming use). If appeal per 139 -3A & B _ , attach decision or order appealed. OK to attach addendum . Applicant seeks a'Special permit to allow the alteration or extension of a pre- existing nonconforming structure and use. The granting of relief will allow an alteration to the structure within the rear line setback to remain 3.9 feet away from the rear line instead of the requisite 5 feet. The alteration did not make the nonconforming distance to the rear line more nonconforming than the closest portion of the building which was removed contemporaneously with the addition. Items enclosed as part of this Application: orderl addendum2 Locus map ✓ Site plan ✓ showing present ✓ +planned structures Floor plans present proposed elevatinns (HDC approved ?_,) Listings lot area ✓ frontage Tsetbacks ✓ GCR parking data Zsp.." Assessor - certified addressee i.st 4 sets mall ni g labels 2 sets_ 5200 fee payable to Town of Nantucket proof 'cap' covenant l(If an appeal, ask Town Clerk to send Bldg Comr ss record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of penury\: SIGNATURE: 3(If not owner or Applicant Attorney /agent yter's attorney, enclose proof of authority) FOR BoA/ OFFICE USE