The URL can be used to link to this page

Home My WebLink About047-89o4r7 -g7 BOARD OF APPEALS OF NANTUCKET TOWN OF NANTUCKET NANTUCKET, MA 02554 File No. o / 7 Map J� Parcel IN RE: THE APPLICATION OF 111611�'fU Nre'r C°.^ V,�' °'? hbert , /V z1-cl Ine e- Upon the request of the Applicant(s) made prior to (check one) / after publication of notice of a public hearing on the above captioned' application, we acknowledge as a matter of right and without prejudice (check one) approve without prejudice w approve, but with prejudice the withdrawl (check one) Dated: ?j � 7i� r C �ce l0 in full of the said application. of so much of the said application as SHERBURNE, POWERS 8 NEEDHAM COUNSELLORS AT LAW IN BOSTON: ONE FREEDOM SQUARE ONE BEACON STREET THE COMMONS BOSTON, MASSACHUSETTS 02108 NANTUCKET. MASSACHUSETTS 02554 TELEPHONE (617) 523 -2700 TELEPHONE (508) 228 -5400 TELECOPIER (617) 523 -6850 TELECOPIER (508) 228-3614 November 8, 1989 Mr. William R. Sherman Board of Appeals - Town Hall Nantucket, Massachusetts 02554 Re: Nantucket Commons, 047 -89 Dear Mr. Sherman: IN WALTHAM: BAY COLONY CORPORATE CENTER 1000 WINTER STREET WALTHAM, MASSACHUSETTS 02154 TELEPHONE (617) 890 -3636 TELECOPIER (617) 890-1430 This letter is written to confirm that Robert Sarvis, Trustee of Nantucket Commons Trust hereby extends the period within which the Board of Appeals must make and file its decision in connection with the above captioned appeal to December 31, 1989. Further, the applicant has negoiated a settlement with the Building Inspector and Planning Board with regard to the subject matter of the appeal and therefor the appeal is moot. Accordingly, applicant requests permission to withdraw his appeal, without prejudice. Thank you for your courtesy and cooperation. NANTUCK T COMMONS TRU Ot By: Theodore L. Tillotson Its attorney TLT /lbp cc: Robert H. Sarvis /ice' O BOA Form 1 -89 NANTUCKET TOWN AND NCOUNTY u LDSNG �'LALS a 'sue s. 1989 NANTUCKET, MA 02554 vate APPLICATION FOR RELIEF CASE No. Owner's name (s) ROBERT H. SARVIS, TRUSTEE OF NANTUCKET COMMONS TRUST Mailing address: ONE BAYBERRY COURT, NANTUCKET, MA 02554 Applicant's name: SAME - Mailing address: SAME Location of lot: Assessor's map and parcel number 55 - 144 & 150 Street address: Bear, Daves, Orange & Pleasant Streets A6tli�xF4ffixXX�xxxx &x x6t�C Plan File 30 -L Lot5.1 & 5.2 Date lot acquired: 2701211 & �� 87 Deed Ref zoning district RC Uses on lot - commercial: None or Residential 12998 _. Residential - Commercial Dev -MCD? des (6 -86) - number of: dwellings duplex a artments p rental room Building date(s): all pre -8/72? or 1988 C of O? No Building Permit appl'n. Nos. 5980 -88 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 if Variance, 139 -30A if a if to alter or extend a noncon ormingSp-s��allfeamit (and 139 -33A & B X attach decision or order appealed. OK to appeal per 139u 32A Appeal of the decision of the Building Inspector dated July 5, 1989 refusing to grant a Certificate of Occupancy for Building No. 5, The Commons; said refusal based upon an unwarranted and improper interpretation of MCD Permit No. 6 -86. Items enclosed as part of this Application: orderl X addendum2 Locus map Site plan showing present i lanned Floor plans present pro osed p structures Listings lot area p elevate as (HDC approved ?_) Assessor - certified addreosse�ellatsetbacks GCR parking data 200 fee payable to Town of Nantucket X s X maling labels 2 sets X (If an appeal, ask Town Clerk to send B1dgoComr's' record otonBOA.) certify th t, -t e regUs omplete and 'tru po the\ enalties of r Y. IGNATURE : 3 (If not ownerling a. ply nformation submitted is substantially Pf my knowledge, under the pains and ant __ Attorney /agent X July 5, 1989 P 004 796 935 BUILDING DEPARTMENT Mr. Robert Sarvis Bldg. 7 Nantucket Commons Nantucket Mass. 02554 Dear Sir; TOWN BUILDING ANNEX 2 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Telephone 228 -6800 ext. 230 your request for a Temporary Certificate of Occupancy (C.U.), fnx a portion of Building 5, as provided for in Section 119.4 of CMR 780 and by Chapter :139 -28C of the Code of Nantucket has been reviewed and for the reasons set forth below is hereby DENIED. Special Permit (6- 86) set forth the phasing criteria by which the site improvements are to be constructed relative to the issuance of Building Permits and C - O' s for the various buildings in the development (sap, paragraphs 10 & 11 of Amendment 41). As yota are aware, it has been my practice when an application for a C.O. is submitted to x7eque5t the assistance of the professional staff of the Planning Board to do site inspections and to give it's opinion ca to the adequacy of the site i,Ymprovements . This information is used as an element in ray evaluation as to the 'project's compliance with the Special. Permit. Upon review of the letter from the Nantucket Planning Board dated Julie 30, 1989 and my own. inspectionF, I � -.onGUr with and include X,Y reference the opinion of the Planning Board that the project has not completed the infrasti�-uclture requirements of the Special- Permit in Ync with the phased release of bu ild:,i.ng C . G . ' s . Furthermore, our records indicate that a. copy of the Town of Nantucket Sewer. Entry Permit has not been. 51.1bmitted to this office For Bui1 di nr C # 5 nci _7,, -&6' tl,:e,_ Nci ituckFt Commons: Please submit "t Iie` -p i.n1, copies of the approved Permits. Based on the above I find that the request for ca C-0. premature and not in compliance with the .Special Kermit (6 -86) and hereby deny the issuance as per Chapter 139 -28 of the Code of Nantucket.. Pleac;Q .be advised that you may appeal this decision of the BuLld.ir -ig Commissioner the Zoning Board of Appeals, ac per 139-- 29D(1)(b) of thr- Code of Nantucket. Very Truly Yours, : /��onald San ..o Building Commissioner enclosures r U/ i NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 September 14, 1989 NOTICE A public hearing of the Board of Appeals will be held on Friday, September 29, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application of NANTUCKET COMMONS TRUST, ROBERT H. SARVIS, TRUSTEE Board of Appeals File No. 0Y7 -89 appealing under Sections 139 -31A and B from the July 5, 1989 decision of the Building Commissioner denying the issuance pursuant to Section 139 -28 of a temporary Certificate of Occupancy for Building No. 5 as not in compliance with Planning Board Special Permit No. 6 -1986, as amended, for the Major Commercial Development, the "Nantucket Commons ", specifically, the required completion of infrastructure (see para. 10 & 11 of MCD Amendment #1). The Commons is at 10 Bear Street and 9 Dave's Street (also Orange and Pleasant Streets), Assessor's Parcels 55 -144 and 55 -150, respectively, Land Court Plan 12229 -A and - , zoned Residential Commercial, Building No. 5 being on Assessor's Parcel 55- /q� //S d Plan File 30 -L, Lots 5.1 & 5.2. William R. Sherman, Chairma BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Au ust 3, 1989 TOWN AND, COUNTY BUILDING Date NANTUCKET, MA 02554 V4 CASE No �- 1�(� APPLICATION FOR RELIEF Owner's name(s): ROBERT H. SARVIS, TRUSTEE OF NANTUCKET COMMONS TRUST Mailing address • ONE BAYBERRY COURT, NANTUCKET, MA 02554 Applicant's name: SAME Mailing address: SAME Location of lot: Assessor's map and parcel number 55 - 144 & 150 Street address. Bear, Daves, Orange & Pleasant Streets R�cac 0/211 plan & F i1 e 30 -L Lot 5. 1 & 5.2 Date lot acquired: _�j1 87 Deed Ref Zoning district RC C/T 12998 Uses on lot - commercial: None — or Residential - Commercial Dev.MCD ?_es (6 -86) - number of: dwellings duplex: apartments Building date(s): all pre -8/72? Building Permit appl'n. Nos. or 1988 •:1 !i Case Nos. all BoA applications, lawsuits: rental rooms C of O? No 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 if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3�A & B X , attach decision or order appealed. OK to attach addendum . Appeal of the decision of the Building Inspector dated July 5, 1989 refusing to grant a Certificate of Occupancy for Building No. 5, The Commons; said refusal based upon an unwarranted and improper interpretation of MCD Permit No. 6 -86. Items enclosed as part of this Application: orderl X addendum2 Locus map Site plan showing present •+-planned structure, Floor plans present proposed elevations (HDC approved ?_) Listings lot area frontage T setbacks GClt parking data Assessor - certified addressee list 4 sets X mailing labels 2 sets X 5200 fee payable to Town of Nantucket X proof- 'cap' covenant (If an appeal,,,ask Town Clerk to send Bldg Comr's record to BoA.) I certify tha/tI/, t - requea e nformation submitted is substantially complete and kur o the`, est or my knowledge, under the pains and penalties of ry. SIGNATURE: ��'"- \ Applicant Attorney /agent X oodoreLTillgtgph,Esquire enclose roof of authority) 3 (I f not own a rsh��n�� p NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 NOTICE September 14, 1989 A public hearing of the Board of Appeals will be held on Friday, September 45", 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application of NANTUCKET COMMONS TRUST, ROBERT H. SARVIS, TRUSTEE Board of Appeals File No. Oy7 - -89 appealing under Sections 139 -31A and B from the July 5, 1989 decision of the Building Commissioner denying the issuance pursuant to Section 139 -28 of a temporary Certificate of Occupancy for Building No. 5 as not in complian ,pe with Planning Board Special Permit No. 6 -1986, as amended, for the Major Commercial Development, the "Nantucket Commons ", specifically, the required completion of infrastructure (see para. 10 & 11 of MCD Amendment #1). The Commons is at 10 Bear Street and 9 Dave's Street (also Orange and Pleasant Streets)' Assessor's Parcels 55 -144 and 55 -150, respectively, Land Court Plan 12229 -A and - , zoned Residential Commercial, Building No. 5 being on Assessor's Parcel 55- 1`4y11S -o Plan File 30 -L, Lots 5.1 & 5.2. �,�� William R. Sherman, Chairma NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 September 14, 1989 NOTICE A public hearing of the Board of Appeals will be held on Friday(, September 29, 989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application of NANTUCKET COMMONS TRUST, ROBERT H. SARVIS, TRUSTEE Board of Appeals File No. 0Y7 -89 appealing under Sections 139 -31A and B from the July 5, 1989 decision of the Building Commissioner denying the issuance pursuant to Section 139 -28 of a temporary Certificate of Occupancy for Building No. 5 as not in compliance with Planning Board Special Permit No. 6 -1986, as amended, for the Major Commercial Development, the "Nantucket Commons ", specifically, the required completion of infrastructure (see para. 10 & 11 of MCD Amendment #1). The Commons is at 10 Bear Street and 9 Dave's Street (also Orange and Pleasant Streets), Assessor's Parcels 55 -144 and 55 -150, respectively, Land Court Plan 12229 -A and - , zoned Residential Commercial, Building No. 5 being on Assessor's Parcel 55 - /Ij / //6-0 Plan File 30 -L, Lots 5.1 & 5.2. L�IGiU r c William R. Sherman, Chairma, u /4 �/ If d I IeA"d A �11Y - *A