HomeMy WebLinkAbout025-90F- f " ✓
3 -89
_ JCI {ET C� 4:D , tn-
�' APPEALS
M 1, MASSACHUSETTS 02554
July j[ , 1990
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. 025- 90
Of: BRUCE POOR
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
this days date. Notice of the action wih (aOCO Y o after
f 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.
Linda F. Will iams, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
-11
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
Nantucket, Mass. 02554
Map 81 Between Harvard & Spruce Streets
Parcel 107 Miacomet Park
LUG -2 Plan File 1 -E, Section A,
Lots 125 -129 (inclusive)
At a public meeting on Friday, July 13, 1990, at 1:00 P.M.
in the Town and County Building, Nantucket, on the Application
(025 -90) of BRUCE POOR, appealing from a Decision of the Building
Commissioner, dated February 22, 1990, denying him a building
permit for a dwelling on a vacant lot on the grounds that the lot
lacks the requisite frontage on a way, the Nantucket Zoning Board
of Appeals made.the following DECISION:
1. The Applicant has appealed from the Building Commissioner's
decision to refuse to issue a Building Permit for Applicant's
property in Miacomet Park.
2. The Building Commissioner's decision was based upon his
determination that the property lacked adequate frontage upon a
way, as required by and defined in the the Zoning By -Law.
3. Applicant presented evidence of access along a travelled
dirt path which has been used for many years by members of the
public to provide access to the locus and submitted a Memorandum
in support of his contention that such a dirt path constituted a
"adequate access" under the Land Court decision in Tisei v.
Morrill, Land Court Misc. Case No. 128110.
4. A letter was entered into the record from the owner of
record of one of the parcels across which the dirt path lay,
which indicated that her parcel was Registered Land and that no
easement for the path existed across her parcel according to the
Registered Plan.
5. The hearing was continued several times by agreement between
the Applicant and the Board to permit the Applicant to present
additional evidence concerning his access.
6. At one on the continued sessions, Applicant presented
evidence that he had obtained an easement within a buffer zone
bordering a wetland by- passing the Registered Land and that use
of the dirt path across that property would not be indispensible
to having access to the locus.
7. The Board unanimously denied the Applicant's appeal and
voted to sustain the decision of the Building Commissioner,
without prejudice to any new appeal Applicant might take from
another denial by the Building Commissioner on a new application
for a Building Permit or to a Variance request by Applicant,
because, the Board found that, on the record before the Building
Commissioner at the time of the denial, Applicant failed to
demonstrate adequate access to the locus at least to the extent
that at the Applicant had no right of passage across the
Registered Parcel where no easement existed upon the record;
however, the Board felt that the acquisition of the alternative
easement presented a sufficient change in circumstances to
warrant reconsideration of any new Building Permit denial without
the waiting period which a denial with prejudice might impose,
although the Board made no finding concerning the adequacy of the
access which might be afforded by the alternative easement and
noted that the Applicant would have to resolve any wetlands
issues with the appropriate boards.
Dat d: - July. , 1990.
r
L' nda. F. lliams
Dale W. Waine
William R. Sherman
,4&d&(.6bed , 730 4• A&&6z --
Ann Balas
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MA 02554
At a public hearing on Friday, July 13, 1990, at
1:00 p.m. in the Town and County Building, Nantucket, on
the Application (025 -90) of BRUCE H. POOR having an
address at Box 852, Nantucket, MA 02554, the Nantucket
zoning Board of-Appeals made a DECISION in which the
member(s) signing below concur as follows:
1. Applicant seeks reversal of the February 22, 1990
decision of the Building Commissioner denying a Building
Permit for a new single - family dwelling with single story
of 440 SF to be built between Harvard and Spruce in
Miacomet Park, Assessor's Parcel 81 -107, merged Lots
125 -129 and 166 -170 of Plan File 1E (dated 11- 29 -01),
Section A, zoned Limited Use General -2.
2. Our findings are based upon the Application papers
including a copy of the Building Commissioner's decision,
building permit application, attorney's certificate of
non - contiguous ownership, and relevant portion of
Assessor's Map 81 plus "Addendum A"; also the,Planning
Board's unfavorable recommendation approved 4- 24 -90,
letters in opposition from parties in interest including
3 -28 -90 letter from the Conways, aerial photo dated
4'- 26 -88, plan endorsed ANR 7 -8 -75, plan dated 8- 12 -83,
sketch plan dated 4- 24 -90, "easement" dated 5 -3 -90
reciting Applicant as grantee; plus 3 -30 -90 memorandum and
supplemental memorandum of Applicant's counsel together
with testimony and representations received at our hearing
begun 3 -30 -90 and continued through successive meetings to
July 13, 1990. By agreement of 6 -1 -90 between Applicant
and the Board, the time limit for a public hearing on the
Application was extended to 7 -31 -90 to enlarge the time
for receiving submissions.
3. Applicant represents that he is owner of the premises
by 1 -31 -89 deed from a Walter O. Johnson. Relying on this
representation, we had a lengthy hearing on the appeal and
considered informally Applicant's position if he were to
pursue relief by variance in a subsequent proceeding.
Applicant represents that he will file with the
Conservation Commission in an effort to show access and
frontage based upon the- "easement" over elongated Lot 5
said to have been properly created by 7 -8 -75
"approval- not - required" plan and shown on Land Court Plan
36550 -B (the latter not submitted into our record). Since
that "easement" was dated subsequent to the 3 -22 -90
decision of the Building Commissioner and formed no part
of the record on appeal, we found that the appeal can
File No. 025 -89
properly be denied without further hearing on the matter.
If Applicant proceeds on his new easement basis to seek a
Building Permit or other relief, our denial of relief upon
this appeal should not prejudice any rights he may have.
4. Applicant's original position before us was that the
"travelled sand track" meandering generally southwardly
from Miacomet Road provides the required " - -- public or
private way on record at the Registry of Deeds which
affords a principal means of adequate access - - -", also
"frontage" for the property. Alternative frontage was
claimed in unconstructed and unused Harvard or Spruce
dating back to the 1901 plan of Miacomet Park. The plans
submitted by Applicant show the course taken by the sand
track to vary with time. No proper "street" was shown as
providing access to the locus, Miacomet Road having its
terminus in Miacomet Pond well north of the locus. For
such reasons,.Applicant's appeal must be denied. The Tisei
case cited by Applicant is inapposite. Herrick Road was
there found to be on planning board plans, maintained by
state and town and having present access to water, gas and
sewer., inter alia.
5. When Applicant realized at our hearing that the
sand -track access,he claimed crossed the Land Courted land
of the Conways with no easement right, Applicant elected
to pursue the alternative of relief based upon the Lot 5
easement to bypass the Conways' land and began
preparations for an application to the Conservation
Commission to show that Lot .5 could, in fact, be used.
South of Lot 5, no further north -south or other "street"
has been shown toward completing the requisite +frontage
and access. The Building Commissioner's decision must,
therefore, be upheld. We are told that an application has
not yet been filed with the Conservation Commission.
6. Accordingly, upon motion duly made to'sustain the
Building Commissioner's decision, the four members of our
Board, constituting a quorum, voted in the affirmative.
All relief sought by Applicant is DENIED.
Dated July 31, 1990
Ann G. Balas William R. Sherman
2 -
r
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
August 22, 1990
Paul DeRensis
Deutsch Williams Brooks Derensis Holland & Drachman
99 Summer Street
Boston, MA 02110 -1235
Re: Poor v. Nantucket Board of Appeals
Our file No. 025 -90
Dear Paul:
Enclosed please find all papers relating to above matter
that were in the file, submitted initially and at subsequent
hearings. A letter from Bill Sherman is also enclosed containing
information with which I concur.
Though it is unlikely that the complaint will be litigated,
please call me at your earliest convenience to discuss the course
of action to be taken and I will then put the matter before the
Board as a whole. I agree with Bill that the significance of this
case should not be taken lightly and would welcome any comments
you may have regarding this matter.
cc: Lee Bourgoin
Ron Santos
William Sherman
Ver truly yours,
r
Linda F. Williams
Chairman, Board of Appeals
ISSADOR.E AND ASSOCIATES
ATTORNEYS AT LAW
46 POND STREET • ROUTE 228
NORWELL. MASSACHUSETTS 02061
TELEPHONE. 16171 878 -9981
PAX 16171878 -6670
August 15, 1990
CERTIFIED MAIL # P 785 561 489
Town of Nantucket
Zoning Board of Appeals
Nantucket Town Hall
Nantucket, Massachusetts 02554
CERTIFIED MAIL # P 785 561 491
Linda Williams
5 Pasture Lane
Nantucket, Massachusetts 02554
CERTIFIED MAIL # P 785 561 492
Dayle Waine
11 Bishops Rise
Nantucket, Massachusetts 02554
CERTIFIED MAIL # P 785 561 495
Robert J. Leichter
Old South Road
Nantucket, Massachusetts 02554
4�,� L� No
CERTIFIED MAIL # P 785 561 490
William R. Sherman
15 Gay Street
Nantucket, Massachusetts
CERTIFIED MAIL # P 785 561 493
Ann Balas
66 Center Street
Nantucket, Massachusetts 02554
CERTIFIED MAIL # P 785 561 494
C. Marshall Beale
11 Primrose Lane
Nantucket, Massachusetts 02554
Re: Bruce Poor v. Defendant Town of Nantucket Zoning Board
of Appeals, et al
To the aboved named parties:
Pursuant to Massachusetts General Laws c. 40A, Section 17, please
accept this as written notice that Bruce Poor has filed a Complaint, a
copy of which is enclosed, appealing the decision of the Town of
Nantucket Zoning Board of Appeals upholding of the Building
Commissioner's denial of his application for a building permit.
Very trul .y y' urs
Br ce A. Issadore
BAI /ld
ltnnkt - 8/90
Enclosure
Y
ISSADORE AND ASSOCIATES
ATTO"ICYS AT LAN
Lb POND STREET . ROUTE 2l8
NORW 1,L. MASSACHUSETTS 02081
TELEPTIONE 10171878-0061
FAR 1(1171878 -8(170
August 1.5, 1990
FEDERAL EXPRESS
Clerk of Court
Land Court
Old Court House
Pemberton Square
Boston, Massachusetts 02108
FILE COPY
Re: Bruce Poor v. Town of Nantucket Zoning Board of Appeals
Dear Sir /Madam:
I;.,
Enclosed please find for filing the Complaint of Bruce Poor in the
above captioned matter appealing the decision of Defendant Town of
Nantucket Zoning Board of Appeals pursuant to Massachusetts General Laws
chapter 40A, Section 17. Also, please find enclosed a d.-plicate copy of
this complaint and a self- addressed stamped envelope. I would ask that
you time stamp the copy of this Complaint (and insert the docket number)
and return the same to me in the envelope provided.
Lastly, please find enclosed the filing fee of $60.00.
BAI /ld
lckctpoo - ,3/90
Enclosures
cc: Mr. Bruce Poor
0
Ver truly urs
1 J,
Br �e A. I sadore
ISSAIN)RI' ANI) ANS(WIAVES
AITORM"VS AT I.AW
0 MINI) S1 M1:1-1. N1. 220
WWWEVI., MA 021161
4617111711.WM1
COMMONWEALTH OF MASSACHUSETTS
LAND COURT
Boston, ss. Civil Action No.
- - - - - - - - - - - - - - - -)
BRUCE POOR, )
Plaintiff )
V. )
Town of Nantucket Board of )
Appeals, the members of which )
are William R. Sherman, )
Chairman, Linda Williams, )
Chairman, Dayle Waine, j
Ann Bolas, C. Marshall Beale )
and Robert J. Leichter, )
Defendants )
- --- - - - - - - - - - - - -)
NATURE OF CASE
COMPLAINT
This is an action commenced under Massachusetts General
Laws chapter 40A, Section 17 appealing the decision of the
Town of Nantucket Zoning Board of Appeals upholding the
decision of the Nantucket Building Commissioner's denial of
the issuance of a building permit upon application of
Plaintiff, Bruce Poor.
FACTS
1 Plaintiff Bruce Poor is a resident of Nantucket,
Massachusetts having a mailing address at P.O. box 852,
Nantucket, Massachusetts 02554.
2. Defendant Town of Nantucket Zoning Board of Appeals
( "Board of Appeals ") is a municipal agency of the Town of
Nantucket having an address at Nantucket Town Hall,
Nantucket, Massachusetts 02554.
IINAIXMI: ANI) A%%<H'IA "1'li%
AI'74IRNGV% AI I.AW
A S PONI) %1 M I I .i . N 1 228
NONWF1.1, MA 1121161
/461)111)9 W.1
3. Defendant Linda Williams, as she is a member of the
Defendaj►t Board of Appeals, resides at 5 Pasture Lane,
Nantucket, Massachusetts 02554.
4. Defendant Dayle Waine, as he is a member of the
Defendant Board of Appeals, resides at 11 Bishops Rise,
Nantucket, Massachusetts 02554.
S. Defendant Ann Balas, as she is a member of the
Defendant Board of Appeals, resides at 66 Center Street,
Nantucket, Massachusetts 02554.
6. Defendant C. Marshall Beale, as he is a member of the
Defendant Board of Appeals, resides at 11 Primrose Lane,
Nantucket, Massachusetts 02554.
7. Defendant Robert J. Leichter, as he is a member of the
Defendant Board of Appeals, resides at Old South Road,
Nantucket, Massachusetts 02554.
8. On or before February, 1990, Plaintiff made application
to the Town of Nantucket Building Commissioner (the
"Building Commissioner ") for construction of a single
family residential dwelling on certain land owned by
Plaintiff and shown as Parcel 107 on Town of Nantucket
Assessor's Map 81 located in the "Miacomet Park" section
and further described as Lots 125 -129 and 166 -170 on Plan
File 1 -E, Section A at the Nantucket Registry of Deeds (the
"Locus")
9. By letter of the Building Commissioner dated February
22, 1990, a copy of which is attached as Exhibit A, the
Building Commissioner denied Plaintiff's application for a
building permit (the "Denial ") on grounds that the "subject
lot does not have frontage along a Street as defined by
Chapter 139 -2 of the Code of Nantucket."
10. Plaintiff timely appealed the Denial to the Defendant
Board of Appeals pursuant to Massachusetts General Laws
chapter 40A, Section 15.
11. By decision dated July 31, 1990, the Defendant Board
of Appeals denied Plaintiff's appeal of the Denial, a copy
of which is attached hereto as Exhibit B (the "Board
Decision ").
12. The Board Decision exceeds the authority of Defendant
Board of Appeals as the Locus has sufficient frontage under
Chapter 139 -2 of the Code of Nantucket.
INSAIX)RU ANI) ASS<KYATLS
A ITURNLYS AT I.AW
.) W)NI) STlt I -+I. k F. 229
NOR W/:11., MA 4INM1
W7114714-94"I
13. Chapter 139 -2 of the Code of Nantucket defines
"Street" as "(a] public or private way on record at the
Registry of Deeds which affords a principal means of
adequate access to abutting property ....••
14. The Locus is a so- called "grandfathered" lot from
current zoning requirements pursuant to Massachusetts
General Laws chapter 40A, Section 6.
15. Defendant presented prima facie evidence to Defendant
Board of Appeals at it::. public hearings can this matter that
the Locus had "frontage" collectively or in the alternative
on (a) Harvard and /or Spruce Street, two streets which are
shown on a plan recorded with Nantucket Deeds on Plan 1 -E,
Section A or (b) a well established and existing travelled
way used continuously and-presently by the public, which
travelled way runs directly through the Locus.
16. Defendant further presented at such public hearings an
"easement" granted to Defendant from the owners of certain
land shown as Lot 5 on a plan filed with the Land Court as
Plan No. 36550B with Certificate of Title No. 7190 for the
purpose of vehicular and pedestrian access, ingress and
egress which provided additional means of access from the
public roads of Nantucket to the streets, or travelled way
upon which the Locus'abutts.
17. The office of the Building Commissioner on two other
occassions issued building permits to third parties whose
sole means of frontage and access were the same as
Plaintiff and one of such parties built and resides in a
dwelling constructed under one of such building permits.
WHEREFORE, Defendant prays:
1. That the decision of Defendant Board of Appeals dated
July 31, 1990 upholding the denial of the Building
Commissioner of the Plaintiff's application for a building
permit be annulled.
2. That this Court order the Defendant Board of Appeals to
overturn the decision of the Building Commissioner and
order the Building Commissioner to issue a building permit
to Plaintiff forthwith.
3. That this Court award damages and costs to Plaintiff
and grant such other relief as it deems just and proper.
Date: 7 iJ
tporcomp - 8/90
1%%AIN7RL' AN17 A% % /K•IAIt;S
ArVORNEV% Al UAW
47 W1NI7 SI It L1!I. Rf 22H
N/IRWEI.I , MA 112 4M1
1d. 171 21% V"I
Plaintiff Bruce Poor
By his attorneys:
ruc A. I ssa e, Esq.
B. O. 246030
David L. Arons, Esq.
B.B.O. #546310
Issadore and Associates
45 Pond Street
Norwell, Massachusetts 02061
(617) 878 -9981
IIIIyN
`4!►j Ck !"I
Z4
r uc
#sets at
February 22, 1990
Mr. Bruce Poor
Box 852
Nantucket, MA 0255:
Dear Mr. Poor.
,!!V'
, . ; ;=
TMENT
EX
EET
NANTUCKET, MASSACHUSETTS 02554
Telephonc 228 -6800 ext. 230
I Ro'1 /74" +'
Please be advised that your application for a Building Parmit for
an addition to a dwelling located at Harvard Street, Assessors Mai: 82
Parcel 107 has been reviewed and is hereby DENIED.
The subject lot does not have frontage along a Street as defined by
Chapter 139 -2 of the Code of Nantucket. Street is defined as "A public
or private way on record at the Registry of Deeds which affords a
principal means of adequate. access to abutting property or a way shown
on a subdivision plan ... unc!,3r the Subdivisicn Control Law." Harvard
"Street" is a non constructed private way in an area commonly refe- Ad
to as Miacomet Park. Miacomet Park, laid out and recorded in 1901 iLi,
what is commomly refearded to as, a paper subdivision. That is a
pre - subdivision control law plan that has never been constructed and
has no ,status under the law (sae MGL 4 Section c,.--FF).
The main access road to Miacomet Park, Miacomet Road, appears to
dead end into the pond shortl: after the entrance to Pond View Drive,
several hundred feet short of an intersection with any other way. Ti.
numerous dirt tracks that _tem from Miacomet Road, do not appeal-
-traight enough to be within the grid lot and block lay out of wa;
hey instead appear to meander across land of others.
There ha:, been no documentation provided oz r_ght5 of accesb ovel
any of the said tracks, therefore; no evidence that a.,c Itc ac tJ
Linc-In. Spruce. and Harvard "Streeto" exists.
.11though the zoning code does not define " adequate access" co11L:11or1
usage of the term dictates that a way not physic6lly laid out on tiLa
ground let alone constructed can not possibly be construed as beiris
adequate access.
1 �
Therefore in order for a Building Permit to issue documentation
/must be provided proving the lot is provided with ado ivate access. This
documation shall consist of, a plan by a Registered Land Surveyor
showing the layouts •,nd trnveled surfaces of all means access from Pond
Vlow Drivn to the locus, tom- extent of your rights to use said ways, and
recorded copies of relief granted by any Board or Commission to
construct or use said ways.
Please be advised that yov may appeal the decision of the Building
Commissioner to the Zoning Board of Appeals pursuant to Chapter
139 - 290 (1) (b) of the Code of Nuiitucket .
Vary truly yours.
rt-
Ron... d J. Santos
Building Commissioner
TOWN OF NRNTUCKET
e
EXHISrT
3 -89
TUCKET
BO PPEALS
NANTUCKET, MASSACHUSETTS J� 1 ' 1`'60
02554
July J[ , 1990
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. _M-_.29
Of: BRUCE POOR
Enclosed is the decision of the Joard of Appehils 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 day's date. Notice of the acti --)n 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.
Linda F. Wil jams, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
I
+ter
/(1 / � 90
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
Nantucket, Mass. 02554
Map 81 Between Harvard & Spruce Streets
Parcel 107 Miacomet Park
LUG -2 Plan File 1 -E, Section A,
Lots 125 -129 (inclusive)
At a public meeting on Friday, July 13, 1990, at 1:00 P.M.
in the Town and County Building, Nantucket, on the Application
(025 -90) of BRUCE POOR, appealing from a Decision of the Building
Commissioner, dated February-22, 1990, denying him a building
permit for a dwelling on a vacant lot on the grounds that the lot
lacks the requisite frontage on a way, the Nantucket Zoning Board
of Appeals made.-the following DECISION:
1. The Applicant has appealed from the Building Commissioner's
decision to refuse to issue a Building Permit for Applicant's
property in Miacomet Park.
2. The Building Commissioner's decision was based upon his
determination that the property lacked adequate frontage upon a
way, as required by and defined in the the Zoning By -Law.
3. Applicant presented evidence of access along a travelled
6 dirt path which has been used for many years by members of the
public to provide access to the locus and submitted a Memorandum
in support of his contention that such a dirt path constituted a
"adequate access" under the Land Court decision in Tisei v.
Morrill, Land Court Misc. Case No. 128110. '1
4. A letter was entered into the record from the owner of
record of one of the parcels across which the dirt path lay,
which indicated that her parcel was Registered Land and that no
easement for the path existed across her parcel according to the
Registered Plan.
5. The hearing was continued several times by agreement between
the Applicant and the Board to permit the Applicant to present
additional evidence concerning his access.
6. At one on the continued sessions, Applicant presented
evidence that he.had obtained an easement within a buffer zone
bordering a wetland by- passing the Registered Land and that use
of the dirt path across that property would not be indispensibl'•
to having access to the locus.
7. The Board unanimously denied the Applicant's appeal and
voted to sustain the decision of the Building Commissioner,
without prejudice to any new appeal Applicant might take from
another denial by the Building Commissioner on a new application
for a Building Permit or to a variance request by Applicant,
because, the Board found that, on the record before the Building
Commissione•- at the time of the denial, Applicant failed to
demonstrate adequate access to the locus at least to the extent
that at the Applicant had no right of passage across the
Registered Parcel where no easement existed upon the record;
however, the Board felt that the acquisition of the alternative
easement presented a sufficient change in circumstances to
warrant reconsideration of any new Building Permit denial without
the waiting period which a denial with prejudice might impose,
although the Board made no finding concerning the adequacy of the
access which might be afforded by the alternative easement and
noted that the Applicant would have to resolve any wetlands
issues with the appropriate boards.
Dat d: July. 1990.
Linda, F. lliams
Dale W. Waine
.ran- G.c._.. -rte t- �....i �,�•�Gcs.� 7/30 ,�,�/
William R. Sherman
Ann Balas
2(G
I
7'1
� � f
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MA 02554
At a public hearing on Friday, July 13, 1990, at
1:00 p.m. in the Town and County Building, Nantucket, on
the Application.(025 -90) of BRUCE H. POOR having an
address at Box 852, Nantucket, MA 02554, the Nantucket
zoning Board of-Appeals made a DECISION in which the
member(s) signing below concur as follows:
1. Applicant seeks reversal of the February 22, 1990
decision of the Building Commissioner denying a Building
Permit for a new single - family dwelling with single story
of 440 SF to be built between Harvard and Spruce in
Miacomet Park, Assessor's Parcel 81 -107, merged Lots
.125 -129 and 166 -170 of Plan File lE (dated 11- 29 -01),
Section A, zoned Limited Use General -2.
2. Our findings are based upon the Application papers
including a copy of the Building Commissioner's decision,
building permit application, attorney's certificate of
non - contiguous ownership, and relevant portion of
Assessor'.s Map 81,plus "Addendum A"; also the'Planning
Board's unfavorable recommendation approved 4- 24 -90,
letters in opposition from parties in interest including
3728 -90 letter from-the Conways, aerial photo dated
4- 26 -88, plan endorsed ANR"7 -8 -75, plan dated 8- 12 -83,
sketch plan dated 4- 24 -90, "easement" dated 5 -3 -90
reciting Applicant as grantee; plus 3 -30 -90 memorandum and
supplemental memorandum of Applicant's counsel together
with testimony and representations received at our hearing
begun 3 -30 -90 and continued through successive meetings-to
July 13, 1990. By agreement of 6 -1 -90 between Applicant
and the Board, the time limit for a public hearing on the
Application was extended to 7 -31 -90 to enlarge the time
for receiving submissions.
3. Applicant represents that he is owner of the premises
by 1 -31 -89 deed from a Walter O. Johnson. Relying on this
representation, we had a lengthy hearing on the appeal and
considered informally Applicant's position if he were to
pursue relief by variance in a subsequent proceeding.
Applicant represents that he will file with the
conservation Commission in an effort to show access and
frontage based upon the- "easement" over elongated Lot 5
said to have been properly created by 7 -8 -75
"approval- not - required" plan and shown on Land Court Plan
36550 -B (the latter not submitted into our record) . Since
that "easement" was dated subsequent to the 3 -22 -90
decision of the Building Commissioner and formed no part
of the record on appeal, we found that the appeal can
File No. 025 -89
.�i
g 3
properly be denied without further hearing on the matter.
If Applicant proceeds.on his new easement basis to seek a
Building Permit or other relief, our denial of relief upoL
this appeal should not prejudice any rights he' may have.
4. Applicant's original position before us was that the
"travelled sand track" meandering generally southwardly
-from Miacomet Road provides the required " - -- public or
private way on,record at the Registry of Deeds which
affords a principal means of adequate access - - - ", also
"frontage" for. the property. Alternative frontage was
-claimed -in unconstructed and unused Harvard or;Spruce
"dating back 'to the 1901 plan of Miacomet.Park.''The plans
submitted by ;Applicant show the course taken by the sand
.
`track to _vary;; with time. No proper "street" w,.s shown as
providing access to the locus, Miacomet Road having its
terminus in Miacomet Pond well north of the locus. For
such reasons,•.Applicant's appeal must be. denied. The Tisei
case cited by Applicant is inapposite. HerrickiRoad was
ther`e`'fourid to be on planning board plans; maintained by
:state`and town'and having present access to water, gas and
sewer, interalia.
5 ,MhenSApplicant realized at our hearing that;, the
.sand -track access.he claimed crossed the Land Courted land
of he`Conways with no easement right, 'Applicant elected
to': pursue. the: 'alternative of relief based upon :the Lot 5
'basement to bypass the Conways' land and )began:
preparations for an application to the Conservation
Commission to show that Lot 5 could, in fact, be used.
South of Lot_5, no further north -south or other "street"
has,`been` shown toward completing the requisite:,frontage
and : "access. The Building Commissioner's decision must,
`therefore, be, upheld. We are told that an application has
not ;yet ,been filed with the Conservation Commission.
6.�Accordingly,•upon motion duly made to sustain the
Building Commissioners decision, the four members of our
-`
:Board,r�, constituting a quorum, voted in the affirmative.
All.,relief- sought by Applicant is DENIED.:;
.�i
g 3
Form 3 -89
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
July 3 ( , 1990
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. 025- 90
of: BRUCE POOR
\' Enclosed is the/decision of the Board of Appeals which has
this day been f i led with the i:antucl:et 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 day's 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.
Linda F. Williams, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
l � A0, A
P. �6 t/ � ' f
_A
.;. ,A�tS. -� _ ,�. �: �s _ . _ __ _•_ "__� srre• i:h ..,��.. t°ifmr
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MA 02554
At a public hearing on Friday, July 13, 1990, at
1:00 p.m. in the Town and County Building, Nantucket, on
the Application (025 -90) of BRUCE H. POOR having an
address at Box 852, Nantucket, MA 02554, the Nantucket
zoning Board of Appeals made a DECISION in which the
member(s) signing below concur as follows:
1. Applicant seeks reversal of the February 22, 1990
decision of the Building Commissioner denying a Building
Permit for a new single- family dwelling with single story
of 440 SF to be built between Harvard and Spruce in
Miacomet Park, Assessor's Parcel 81 -107, merged Lots
125 -129 and 166 -170 of Plan File 1E (dated 11- 29 -01),
Section A, zoned Limited Use General -2.
2. Our findings are based upon the Application papers
including a copy of the Building Commissioner's decision,
building permit application, attorney's certificate of
non - contiguous ownership, and relevant portion of
Assessor's Map 81 plus "Addendum A"; also the Planning
Board's unfavorable recommendation approved 4- 24 -90,
letters in opposition from parties in interest including
3 -28 -90 letter from the Conways, aerial a12a83,
4- 26 -88, plan endorsed ANR 7 -8 -75, p lan dated 8
sketch plan dated 4- 24 -90, "easement" dated 5 -3 -90
reciting Applicant as grantee; plus 3 -30 -90 memorandum and
supplemental memorandum of Applicant's counsel together
with testimony and representations received at our hearing
begun 3 -30 -90 and continued through successive meetings to
July 13, 1990. By agreement of 6 -1 -90 between Applicant
and the Board, the time limit for a public hearing on the
Application was extended to 7 -31 -90 to enlarge the time
for receiving submissions.
3. Applicant represents that he is owner of the premises
by 1 -31 -89 deed from a Walter O. Johnson. Relying on this
representation, we had a lengthy hearing on the appeal and
considered informally Applicant's position if he were to
pursue relief by variance in a subsequent proceeding.
Applicant represents that he will file with the
Conservation Commission in an effort to show access and
frontage based upon the "easement" over elongated Lot 5
said to have been properly created by 7 -8 -75
"approval- not - required" plan and shown on Land Court Plan
36550 -B (the latter not submitted into our record). Since
that "easement" was dated subsequent to the 3 -22 -90
decision of the Building Commissioner and formed no part
of the record on appeal, we found that the appeal can
File No. 025 -89
properly be denied without further hearing on the matter.
If Applicant proceeds on his new easement basis to seek a
Building Permit or other relief, our denial of relief upon
this appeal should not prejudice any rights he may have.
4. Applicant's original position before us was that the
"travelled sand track" meandering generally southwardly
from Miacomet Road provides the required " - -- public or
private way on record at the Registry of Deeds which
affords a principal means of adequate access - - -", also
"frontage" for the property. Alternative frontage was
claimed in unconstructed and unused Harvard or Spruce
dating back to the 1901 plan of Miacomet Park. The plans
submitted by Applicant show the course taken by the sand
track to vary with time. No proper "street" was shown as
providing access to the locus, Miacomet Road having its
terminus in Miacomet Pond well north of the locus. For
such reasons, Applicant's appeal must be denied. The Tisei
case cited by Applicant is inapposite. Herrick Road was
there found to be on planning board plans, maintained by
state and town and having present access to water, gas and
sewer, inter alia.
5. When Applicant realized at our hearing that the
sand -track access he claimed crossed the Land Courted land
of the Conways with no easement right, Applicant elected
to pursue the alternative of relief based upon the Lot 5
easement to bypass the Conways' land and began
preparations for an application to the Conservation
Commission to show that Lot 5 could, in fact, be used.
South of Lot 5, no further north -south or other "street"
has been shown toward completing the requisite frontage
and access. The Building Commissioner's decision must,
therefore, be upheld. We are told that an application has
not yet been filed with the Conservation Commission.
6. Accordingly, upon motion duly made to sustain the
Building Commissioner's decision, the four members of our
Board, constituting a quorum, voted in the affirmative.
All relief sought by Applicant is DENIED.
Dated July 31, 1990
Ann G. Balas
William R. Sherman
- 2 -
Form G -89
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
File No . () L�-qo
Assessor's Parcel - 107
THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF
APPEALS TO MAKE A DECISION (or to hold a public hearing or
take other action) concerns the Application of:
Pursuant to the provisions of the Acts of 1987, Chapter
498, amending the State Zoning Act, Chapter 40A of the
Massachusetts General Laws, Applicants) /petitioner(s) and
the Board of Appeals hereby agree to extend the time limit
- for a public hearing V--� on the Application, or
- for a decision of the Board, or
- for any other action
by the Board,
(whether such Application is an appeal V-1, from the
decision of any administrative official, a petition for
a Special Permit , or for a Variance , or for any
extension , modification , or renewal thereof)
to the NEW TIME LIMIT of midnight on AA1 CF/11 /l !v
but not earlier than a time limit set s tute or bylaw.
The Applicant(s), or the attorney LI/ or agent for.
Applicant(s) represented to be duly authorized to act in
this matter for Applicant(s), in executing this Agreement
waives any rights under the Nantucket zoning Bylaw and the
State Zoning Act, as amended, to the extent, but only to
the extent, inconsistent with this Agreement.
Vie� -,P /—Z
,a, / " %l Ra
Eff,6ctive date of Agreement
cc: Town Clerk
Planning Board
Building Commissioner
Agreement filed in the office of the
161/1%
Date
lfw4a vrmel,�,j
14" �e
ie *4v
9iA�
Town Clerk: �� • c1
Town Clerk
ISSADORE AND ASSOCIATES
ATTORNEYS AT LAW
46 POND STREET • ROUTE 228
NORWELL. MASSACHUSETTS 02061
TELEPHONE (617) 878 -9981
FAX (617) 878 -6670
March 8, 1990
HAND DELIVERED
Town Clerk
Town of Nantucket
Town and County Building
Nantucket, Massachusetts 02554
Nantucket Zoning Board of Appeals
Town of Nantucket
Town and County Building
Nantucket, Massachusetts 02554
Re: Appeal of Building Commissioner Denial of Building Permit
by letter dated February 22, 1990
Dear Sir /Madam:
Enclosed please find the appeal of Bruce Poor, the owner of the
land shown on Assessor's Map #81, Parcel 107, from the decision of
the Building Commissioner denying his application for a building
permit, which decision was rendered by letter to Mr. Poor dated
February 22, 1990. A copy of such decision is attached to Mr. Poor's
appeal.
We hereby request that the Board of Appeal place this appeal on
their agenda for their meeting scheduled on March 30, 1990. Any
further memorandums or other documents in support of this appeal will
be presented to the Board at that time.
If you have any questions or problems with this request, please
do not hesitate to contact me.
Very truly yours,
Bruce A. Issadore
BAI /ld
ltctnan - 3/90
cc: Mr. Bruce Poor
ADDENDUM A
The undersigned, Bruce Poor, the owner of certain land shown on
the Nantucket Assessor's Maps as Lot 81, Parcel 107, hereby appeals
the decision of the Building Commissioner, Ronald J. Santos, by
letter dated February 22, 1990 denying the Appellant's application
for a building permit for the subject lot on grounds that "[t]he
subject lot does not have frontage along a Street as defined by
Chapter 139 -2 of the Code of Nantucket ".
In further support thereof, the Appellant states as follows:
1. The subject lot does in fact have frontage as required
under the Zoning Code of the Town of Nantucket. In that regard, this
Board should take notice of the fact that the subject lot has been in
existence and not in common ownership with any other lots prior to
the date of enactment of any zoning by -law in the Town of Nantucket.
As a result pursuant to Massachusetts General Laws chapter 40A,
Section 6 the subject lot is not subject to any subsequent zoning
amendments regarding frontage or distances between sidelines so long
as the subject lot has fifty (50) feet of frontage and 5,000 sq. ft.
of land area. The Appellant shall demonstrate that the subject lot
meets both of these requirements at the hearing on this matter.
2. The subject lot does in fact have frontage along a Street
as defined in chapter 139 -2 of the Zoning Code of the Town of
Nantucket. That section defines "Street" as "[a] public or private
way on record at the Registry of Deeds which affords a principal
means of adequate access to abutting property...." The subject lot
has as its frontage Harvard Street, Spruce Street and also the
travelled extension of Miacomet Pond Road as has been travelled on
and used by the public for numerous years. These roadways are shown
on plans recorded at the Registry of Deeds and individually and /or
collectively afford a principal means of adequate access to the
subject lot.
3. The travelled extension of Miacomet Pond Road which the
Building Commissioner referred to as a "Meandering" way is not only
used by the "public" but provides principal access to the lot shown
on Assessor's Map 81, Parcel 129 owned by Richard Kotolac, Jr., who
resides on such lot as his principal residence. Based on this
access, Mr. Kotolac obtained a building permit even though he must
travel over other land to even reach this means of access.
4. The Appellant shall provide at the hearing on this appeal
affidavits of various persons either owning lots and using the
travelled extension from Miacomet Pond Road or other persons merely
using the travelled extension from Miacomet Pond Road indicating that
they have used that road for numerous years as the principal access
to their land or otherwise in using or accessing Miacomet Pond.
5. The Appellant shall further demonstrate at the hearing on
this appeal that the Building Commissioner has continuously granted
building permits, in addition to the building permit granted to Mr.
Kotolac in Miacomet Pond, for other lots in Cisco, Miacomet Pond and
Tom Never's Head in which such lots had access only on
non - constructed paper streets and without any other means of access
such as the subject lot has with respect to the travelled extension
of Miacomet Pond Road.
cporadd - 3/90
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
March 13 , 1990
NOTICE
A public hearing of the Board of Appeals will be held
on Friday, March 30, 1990, at 1:00 p.m. in the Town
and County Building, Federal and Broad Streets, Nantucket,
on the Application of:
BRUCE H. POOR
Board of Appeals File No. OZ-I'-90
appealing from the Building Commissioner's decision of
February 22, 1990 denying a building permit for a dwelling
on grounds the 0.34 -acre vacant lot lacks the requisite
frontage.
The premises are Assessor's Parcel 81 -107, between Harvard
and Spruce in Miacomet Park, Lots 125 -129 & 166 -170 of
Plan File 1 -E, Section A, and zoned Limited Use General -2.
William R. Sherman, Chairman
J
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554
CASE No.O e-�-- 9>-,
APPLICATION FOR RELIEF
Owner's name(s):
Mailing address:
Applicant's name:
Mailing address:
Location of lot:
IZULc � ��c�7F'
Assessor's map and parcel numbers - /O %
Street address: /%AtZ09 -P
/zs- gay
Registry Land Ct Plan, Plan Bk & Pg or Plan File / S Sc-L• A Lot /cL -X70
Date lot acquired: 4� '3'1 Deed Ref 322, 3 Zoning district L uU ,- - 7
Uses on lot - commercial: None ✓ or _
- number of: dwellings O duplex U
Building date(s): all pre -8/72? or
Building Permit appl'n. Nos.
MCD? NJ
apartments 0 rental rooms y
Case Nos. all BoA applications, lawsuits:
C of 0?
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 tQ alter or extend a nonconforming use). If appeal per 139 -3JA
& B !/, attach decision or order appealed. OK to attach addendum .
il
February 22, 1990
Mr. Bruce Poor
Box 852
Nantucket, MA 02554
Dear Mr. Poor,
BUILDING DEPARTMENT
TOWN BUILDING ANNEX
2 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Telephone 228 -6800 ext. 230
Please be advised that your application for a Building Permit for
an addition to a dwelling located at Harvard Street, Assessors Map 82
Parcel 107 has been reviewed and is hereby DENIED.
The subject lot does not have frontage along a Street as defined by
Chapter 139 -2 of the Code of Nantucket. Street is defined as "A public
or private way on record at the Registry of Deeds which affords a
principal means of adequate access to abutting property or a way shown
on a subdivision plan ... under the Subdivision Control Law." Harvard
"Street" is a non constructed private way in an area commonly referred
to as Miacomet Park. Miacomet Park, laid out and recorded in 1901 is,
what is commonly refearded to as, a paper subdivision. That is a
pre- subdivision control law plan that has never been constructed an,:
has no status under the law (see MCL 41 Section 81 -FF).
The main access road to Miacomet Park, Miacomet Road, appears to
dead end into the pond shortly after the entrance to Pond View Drive,
several hundred feet short of an intersection with any other way. The
numerous dirt tracks that stem from Miacomet Road, do not appear
straight enough to be within the grid lot and block lay out of way::,
they .instead appear to meander ,across land of others.
There has been no documentation provided of rights of access ever
any of the said tracks, therefore no evidence that adequate access to
Lincoln, Spruce, and Harvard "Street," exists.
Although the zoning code does not define " adequate access" co -moron
usage of -the term dictates that a way not physically laid out on the
ground let alone constructed can not possibly be construed as beins
adequate access.
Therefore in order for a Building Permit to issue documentation
�)71J
must be provided proving the lot is provided with adequate access.
documation shall consist of, a plan by a Registered Land Surveyor
showing the layouts and traveled surfaces of all means access from P_,nd
View Drive to the locus, the extent. of your rights to use said ways, and
recorded copies of relief granted by any Board or Commission to
construct or use said ways.
Please be advised that you may appeal the decision of the Building
Commissioner to the Zoning Board of Appeals pursuant to Chapter
139- 29D(1)(L') of the Code of Nantucket.
Very truly yours,
Ronald J. Santos
Building Commissioner
TOWN OF NANTUCKET
i,
RECEIVED
APPLICATION WILL NOT
BE
BUILDING APPLICATION NUMBER
DEEMED COMPLETE UNTIL
REVIEWED BY BUILDING
APPLICATION FOR
INSPECTOR
PLAN EXAMINATION AND
BUILDING PERMIT
IMPORTANT - Applicant to complete all Items In Sections: 1,2,3,4, and 5
y.
OWNERS NAME:
)Z,IZG'GL7
LOCATION
Last First Middle
_/Inrvjr_c�
I n 'tia l
-5�
OF
No. Street. Village
'
/� 7
BUILDING
Assessor's Map No.
Assessor's Parcel No.
2. TYPE AND COST OF BUILDING - All applicants complete Parts A -D
A. TYPE OF IMPROVEMENT
Zew
D. PROPOSED USE - (For "Demolition" most recent use)
Building
Residential
Nonresidential
• Addition (If residential, enter number
Zone Family
❑ Amusement, recreational
of new housing units added,
❑ Church, other religious
if any, in Part D, 13)
❑ Two or more family - Enter
❑ Industrial
• Alteration (See 2 above)
number of untils
❑ Parking garage
❑ Service station, repair garage
• Repair, replacement
❑ Transient Hotel, Motel or
❑ Hospital, institutional
❑Demolition (If multifamily residential,
dormitory; or INTERVAL
❑ Office, bank, professional
enter number of units in
OWNERSHIP - enter number of units
❑ Public utility
building in Part D, 13)
❑ Garage
❑ School, library, other educational
❑ Moving (relocation)
❑ Stores, mercantile
❑ Foundation only
❑Carport
❑ Other - Specify
❑ Tanks, lowers
❑ Other - Specify
B. QWNERSHIP
Private (individual, corporation,
nonprofit institution, etc.)
❑ Public (Federal, State, or local
government)
omit cents
E. DIMENSIONS
C. COST
•
Dimensions (New) of
Dimensions of
Cost of: a. Structure
$ 9
Dwelling or Addition:
I Additional Structures: iUd
b. Electrical
No. of Stories:
_ Garage:
c. Plumbing
First Floor Area:
440 r' Accessory Bldg.
Uri
d. Healing
Second Floor Area:
Swimming Pool:
e. Other
Third Floor Area:
Other;
_
44o
TOTAL COST OF IMPROVEMENT
Total Floor Area:
BUILDING INSPECTOR'S ESTIMATE
Full Collar Area:
3. SELECTED CHARACTERISTICS OF BUILDING For new buildings and additions, complete Parts E -N
for Demolition, comploto only Part 1., for all others skip to 4.
F. PRINCIPLE TYPE OF FRAME
H. TYPE OF SEWAGE DISPOSAL
K. ACCESSORY HEAT SOURCE
❑ (wall bearing)
❑ Public or private company
No. of fireplaces
//Masonry
L�Wood frame
(rivate (septic tank, etc.)
No. of Wood Stoves
❑ Structural steel
No. of Coal Stoves�-
Solar Collector
• Reinforced concrete
I. TYPE OF WATER SUPPLY
Other:
• Other - Specify
❑ Public or private company
C3 Private (well, cistern)
L. SMOKE DETECTORS I
No. of Dectectors
AL
G. PRINCIPLE TYPE OF HEATING
J. SPECIAL CHARACTERISTICS N
Type (Battery or AC)
• Gas
See Plan for Location
El Air Conditioning
• Oil
IR(Electricily
❑ Heat Pump
M. RESIDENTIAL BUILDINGS 7NLY
❑ Central Vacuum
Number of Bedrooms
• Coal
❑ Other
Number of Bathrooms
• Other - Specify
Full ✓ Partial
!Continued
} N. ENERGY CONSERVATION Type Fr�'L,S',iss Thickness /c R Value
Foundation or Floor insulation V _ r r W1 -(Olt
Wall Insulation %L-
CoilingorRooflnsulation 7 -� (��,; %�9yS /NS+'I• �, %r'- ��
Window Glazing: Insulated Glass Double Glass Storm �- 1q n
Doors: Insulated Yes No Weatherstripped: Yes ✓ No (.�>r doo2 q o� 5.
Percentage of Window Area to Wall Area:! /2-/,, 1N �v1,1?r C -I�SS
Maximum BTU loss per hour of structure: (Do not fill in if % of window to wall area is less than 20 %)
O. STRUCTURAL CHARACTERISTICS OF BUILDING
Applicant is required to submit complete structural framing plans with application due to the complexity of the structure, if the following information
is insufficient for proper plan review.
Foundation
Footing size: �' Footing reinforcing: 2
Wall material: rJov�Ct� cca,ccrTWa11 thickness:
Wall height Wall reinforcing: ZtBfX�
Pier or column size: 3'k ~�4"K rued t "llI Pier or column spacing: -7
Pier or column footing size: < Nx �o ~ Pier or column reinforcing:
No. of crawl space vents: :— Crawl space: d Full O Partial
Q - 1
FRAMING: Main Carrying members: Size: D c� n � Support Spacing:
First Floor Framing Joist size: X /O Maximum Span: Maximum Spacing: /G"
Second Floor Framing Joist size: Maximum Span: Maximum Spacing:
Ceiling Framing Joist size: Maximum Span: Maximum Spacing: A
Roof Framing Rafter size: a X e2 Maximum Span- 3 Maximum Spacing: k G' C
Roof Truss Applicant must submit design calculations for all wood trusses stamped by a Registered Profession Engineer.
INTERIOR FINISH Walls ``'' Floors Ceiling
Bedrooms /�2,r t3.3• w/ SKr eolli {Ir'My7�7L [ °cz LY���' �/a -r�"Pi / f -�,tw-t r"AT
Living Room 1, 'r /� /., rr „ „ r/ 1"
Family Roo
Dining Roo
Bathroom
Utility Room NCf�
Special (specify)
Attic 42 /'1 t N /tit
Cellar Nl/4 r2 w L e-7 1,9/9
EXTERIOR FINISH
Wall Mated
Roof Materi
Roof Type
NOTES AND DATE (For Department Use)
FEE CALCUALTIONS
ZONING COMPLIANCE To be completed by all applicants
- Applicant is required to submit a registered plot plan with application, showing location of all structures.
Zoning District:
L y — �"
Total Land Area:
_
15 S , t
1000
Frontage on Street:
7
Lot No. ias -�2`i
ice- i70
Plan Book No. and Page:
��' ' ' C 5' A
Land Court Plan No.
'Ay A
Dale Lot Purchased:
_ g
Certificate No.
1- jA O SOLti) %f
Name of Previous Owner:
-
SUBDIVISION, INFORMATION 1j
Name of Owner:
Date of Plan Approval: A), L�
Type of Approval: ANR AR N/li j-UT OF
Planning Board File No.
Is the Subdivision subject to a Covenant: YES NO
Is a Release required: YES NO
Has Plan been filed with the Registry •
y oaf Deeds? YES ✓ NO
s
If YES: Plan Book and Page No. -Pt /E Date
TIME SHARING
INFORMATION
Is there a declaration of
Covenants and Restrictions of
Interval Ownership noted on
your Title or Deed? /
Yes No
DIMENSIONS / / / /
& Distance from Property Lines: FRONT REAR_ LEFT RIGHT
Distance between Principal and Secondary Dwelling, N� (12ft. minimum.) �r
Height of structure above finish grade: N E J - /f S �G W
Number of off- street parkig spaces: Enclosed On -site
GROUND COVER
Principal Dwelling: _
Secondary Dwelling:
Addition:
Garage:
Accessory Building:
Swimming Pool:
Other:
MISCELLANEOUS
Was a request to "Determing Applicability of the Wetland Protection Act" filed with the Nantucket Cosnervation Committee? YES NO
441-t-11 ;,1=,
Total: -4-4c> SF.
Allowable: / spfp SF.
If answered YES, inclde "Order of Conditions" with application.
What date was the "Order of Conditions" with application.
What date was the "Order of Conditions" filed with the Registry of Deeds?
Is.the property located withing a Flood Hazard district? YES NO ZONE
Was a Variance or Special Permit granted by the Board of Apeals? YES NO
If answered YES, what date was the decision filed with the Town Clerk?
FOR BUILDING DEPARTMENT USE ONLY
Minimum Lot Size:
Frontage on Street:
Front Yard:
Additional Comments:
Date:
Ground Cover Ratio:
Side and Roar Setback:
APPROVED BY:
Zoning Officer
t applicants Zip Code
�. IDENTIFICATION - To be completed b all app Mialing address - Number, street, city, and State
Name TI A • D a5�—T
�•, a AN7vcL%� 1
1• k-
c .
owner or
Lessee
2. P_uc
General
Buildor's License
Date
Telephone No.
%! 7
Contractor
Signature
4. Ilcation as
Architect or
Engineer the owner of record and that I have been authorized by the owner to make this app
I hereby certify that the proposed work is authorized by liowne laws of this jurisdiction.
his authorized agent and we agree to conform to all Andress
Signature of plicant D 5 S
Y DO NOT WRITE BELOW THIS LINE
6, PLAN REVIEW RECORD - For office use
Plans Review Required
HISTORIC DISTRICS COMMISSION
SEPTIC
SEWER
WATER WELL COMPLETION REPORT
CONSERVATION COMMISSION
BOARD OF APPEALS Board)
SECONDARY DWELLING APPROVAL (Planning
FIRE CHIEF
OVER - THE -ROAD (Board of Selectmen)
RELEASE FORM (Planning Board)
ROAD OPENING PERMIT (DPW)
PLUMBING
7. VALIDATION
Building
Permit number
Building .
Permit issued
Date of
Reissuance
Building
Permit Fee
Date of Issuance of
Certificate of Occupancy
FOR DEPARTMENT USE ONLY
Use Group
Fire Grading —
Live Loading —
occupancy Load
Census No. —
Approved by:
Building Inspector
GLASS
S I ZG
6 "x _$"
/S � "X 3G"
UN Il" �lM.
6' -/ s1,," X 61- ! %A, I
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MANUF
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sc o
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Mo2UAN
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3 -375
6062 AF
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/2 LI bN4�T
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L16-HT
C�ClU3ii UNIT
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9
CERTIFICATE
OF
NON - CONTIGUOUS OWNERSHIP
I, the undersigned David J. Moretti, being an attorney duly
licensed in the Commonwealth of Massachusetts, hereby certify to
the Nantucket Building Department for the purpose of issuance of
the presently applied for building permit and to no others and for
no other purpose, that I have caused to be examined the public
records maintained at the Nantucket Registry of Deeds affecting the
premises situated at Harvard and Spruce Streets and shown as Lots
125 -129 and Lots 166 -170 on a plan recorded at the Nantucket
Registry of Deeds in Plan File 1 -E, (hereinafter also the Premises)
and the record title to the properties abutting the Premises, to
wit Lots 85 -89, 124, 130, 165, 171 and 207 -211, all on the
aforesaid plan; AND
THAT none of the aforesaid lots abutting the Premises have been
held in ownership common with that of the Premises since January
1972, at or about which time the zoning by -law was adopted in
Nantucket.
Signed under the pains and penalties of perjury this ,,A; ` day of
January, 1990. A
,Oavid Aofetti
Glid en,A Moretti, P.C.
37 C ne Street
Nantucket, MA 02554
(508) 228 -0771
GUODEN & MORETTI. P.C.
37 CENTRE STREET
NANTUCKET. MASS. 02554
TEL 15081 22&0771
" Date Issued:
Certificate No. c/ � � '�}
APPLICATION TO THE HISTORIC DISTRICT COMMISSION 7 Cf
Nantucket, Massachusetts for
CERTIFICATE OF APPROPRIATENESS - STRUCTURAL WORK
An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 Acts and Resolves of
n: assachusetts, 1970 proposed work as described below, and on plans, drawings and photographs accompanying this appli-
cation. This is a contractual agreement. Fill out in ink.
TAX MAP NO. 'S t PARCEL NO.
OWNER OF RECORD: ' DATE:
Sf�UCt C ��
HOME ADDRESS: 12 <_7. 31-eXX 357 -J) i rV rv'rc!(Yt � X111 ZIP: TEL. NO.:
ADDRESS OF PROPOSED WORK: 1 '� "1 r' h i'; � ,--,-1---- k' /'" - J -� t'� ! t ,
NAME AND ADDRESS OF AGENT: 'LIP: TEL. NO.:
All drawings submitted must be of I" scale and will be retained by this office.
DESCRIPTION DWELLING ADDITION_ GARAGE— COMMERCIAL— RAZING or DEMOLITION
OF WORK HISTORIC RESTORATION_ PAVING STEPS FENCE GATE OTHER
SIZE OF STRUCTURE: Length % ., �z Width 'C Square Footage
WOOD DECK: Size 1st Fl. 2nd Fl.
DIFFERENCE BETWEEN EXISTING GRADE AND,FINISH GRADE:
HEIGHT OF RIDGE ABOVE FINISH GRADE: N. 2.7 - /(? S. / 7 E. 17-lo w.--L7 - to
DETAIL 1. Foundation: Height Exposed r Con. Blk. Blk. parged Li'— Brick type
2. Chimney: Block parged Brick Type �c
3. Wood Garage Doors Wood Louvers
Skylight: (Flat Onlyl Type Sfz
'5. oof Pitch: �a Dormer Pitch
.I OF-)
I`
N
r5o), O
6. oofing Materials Asphalt
Wood_
7. Bader Material'
Size
utter Material_
Size
Y
APPROVEO are r
Other r'- "taY differ tamed [fiat
Other_ Veciffcatip Srom Your ffio Uor,F
scia. Size Soffit Overhang
0 Si ewall: White Cedar Shingles V' Clapboard
Wi dow style: Double',hung ✓ Crankout
oor type: Front Rear : '.l nt< {f Other
Wit prprior
rOtial o f the
•r.i
G' O��riscinsr
-
it
/r
Rakeboard ,.9ize-
Cornerboard Size_
11 �Otlwr
I
muntis ✓
Snap -in Grills,
Material
�/✓G?C�
COLOR Sidewall 1! )7-V 1 1 Roofing - i \,kj +- 7°}{ r t� Doors ' kFT / x'11 L
I 1 _._t i� �' y 1
Trim t\ )t l(UT4_1C !C C_.`( -r t,r Foundation Fence
Sash Shutters Deck
Received by HDC office
VALID FOR 12 MONTHS FROM DATE OF ISSUANCE. MAY BE RENEWED. NO STRUCTURE MAY DIFFER FROM THE APPROVED
APPLICATION.
APPROVED / ✓
Chairman /
COMMENTS:
DISAPPROVED
6 -89
Form
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
File No.o LS -qo Assessor's Parcel -- e?-
THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF
APPEALS TO MAKE A DECISION (or to hold a public hearing or
take other action) concerns the Application of:
Pursuant to the provisions of the Acts of 1987, Chapter
498, amending the State Zoning Act, Chapter 40A of the
Massachusetts General Laws, Applicants) /petitioner(s) and
the Board of Appeals hereby agree to extend the time limit
for a public hearing Z on the Application, or
- for a decision of the Board, or
- for any other action 13S the Board,
(whether such Application is an appeal Z from the
decision of any administrative official, a petition for
a Special Permit , or for a Variance , or for any
extension , modification , or renewal thereof)
to the NEW TIME LIMIT of midnight on
� 9v
but not earlier than a time limit set s tute or bylaw.
The Applicant(s), or the attorney L/ or agent for .
Applicant(s) represented to be duly authorized to act in
this matter for Applicant(s), in executing this Agreement
waives any rights under the Nantucket zoning Bylaw and the
State Zoning Act, as amended, to the extent, but only to
the extent. inconsistent with this Agreement.
4 � � ,�yo
Ef cove ate of Agreement
cc: Town Clerk
Planning Board
Building Commissioner
Agreement filed in the office of Oh Town C rk•
Date ;;:I �ToWn C er��_ /
1.
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): iZUC �oc'�
Mailing address:
Applicant's name:R���: °°
Mailing address:
�C� X
Location of lot: Assessor's map and parcel number
Street address:
/zs
Registry Land Ct Plan, Plan Bk & Pg or Plan File /E Scc, A Lot_&L�-170
q _ ?��� Zoning district L.U� Z
Date lot acquired: ��� `� Deed Ref 322, r
Uses on lot - commercial: None
✓ or MCD? ND
VAcNT 2�s i ��N`i�►L w; -
- number of: dwellings O duplex U apartments O rental rooms,>
Building date(s): all pre -8/72? or
C of 0?
Building Permit appl'n. Nos.
Case Nos. all BOA applications, lawsuits:
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to
r Section
and what grounds you urge for BOA to make each finding p
139 -32A if Variance, 139 -30A if a Special Permit (and 139 -33A
if t� alter or extend a nonconforming use). If appeal per 139 -31A
& B attach decision or order appealed. OK to attach addendum .
Items enclosed as part of this Application: orderl V" d structures
Locus map ✓ Site plan �' showing present +planned roved? ✓)
Floor plans present proposed_,G elevations _}�/ (HDC app
Listings lot area ✓ frontage ✓ setbacks � GCR ✓ parking data
Assessor - certified addressee ist 4 sets mailing labels covenants
200 fee payable to Town of Nantucket✓ proof 'cap'
(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.)
I certify that
rueeto requested
bestinformation
knowledge ,submitted
understhesubstantially
and
complete and nd
penalties of perjury.
Applicant +� Attorney /agent
SIGNATURE:
3(If not owner or owner's attorney, enclose proof of authority)
.,_„ �T m-r-v TT QV
ISSADORE AND ASSOCIATES
ATTORNEYS AT LAW
46 POND STREET • ROUTE 228
NORWELL. MASSACHUSETTS 02061
TELEPHONE (617) 878 -9981
FAX (617) 878 -6670
March 8, 1990
HAND DELIVERED
Town Clerk
Town of Nantucket
Town and County Building
Nantucket, Massachusetts 02554
Nantucket Zoning Board of Appeals
Town of Nantucket
Town and County Building
Nantucket, Massachusetts 02554
Re: Appeal of Building Commissioner Denial of Building Permit
by letter dated Februar 22 1990
Dear Sir /Madam:
Enclosed please find the appeal of Bruce Poor, the owner of the
land shown on Assessor's Map #81, Parcel 107, from the decision of
the Building Commissioner denying his application for a building
permit, which decision was rendered by letter to Mr. Poor dated
February 22, 1990. A copy of such decision is attached to Mr. Poor's
appeal.
We hereby request that the Board of Appeal place this appeal on
their agenda for their meeting scheduled on March 30, 1990. Any
further memorandums or other documents in support of this appeal will
be presented to the Board at that time.
If you have any questions or problems with this request, please
do not hesitate to contact me.
Very truly yours,
Bruce A. Issadore�
BAI/ ld
ltctnan - 3/90
cc: Mr. Bruce Poor
0
ADDENDUM A
The undersigned, Bruce Poor, the owner of certain land shown on
the Nantucket Assessor's Maps as Lot 81, Parcel 107, hereby appeals
the decision of the Building Commissioner, Ronald J. Santos, by
letter dated February 22, 1990 denying the Appellant's application
for a building permit for the subject lot on grounds that "[t]he
subject lot does not have frontage along a Street as defined by
Chapter 139 -2 of the Code of Nantucket ".
In further support thereof, the Appellant states as follows:
1. The subject lot does in fact have frontage as required
under the Zoning Code of the Town of Nantucket. In that regard, this
Board should take notice of the fact that the subject lot has been in
existence and not in common ownership with any other lots prior to
the date of enactment of any zoning by -law in the Town of Nantucket.
As a result pursuant to Massachusetts General Laws chapter 40A,
Section 6 the subject lot is not subject to any subsequent zoning
amendments regarding frontage or distances between sidelines so long
as the subject lot has fifty (50) feet of frontage and 5,000 sq. ft.
of land area. The Appellant shall demonstrate that the subject lot
meets both of these requirements at the hearing on this matter.
2. The subject lot does in fact have frontage along a Street
as defined in chapter 139 -2 of the Zoning Code of the Town of
Nantucket. That section defines "Street" as "[a] public or private
way on record at the Registry of Deeds which affords a principal
means of adequate access to abutting property...." The subject lot
has as its frontage Harvard Street, Spruce Street and also the
travelled extension of Miacomet Pond Road as has been travelled on
and used by the public for numerous years. These roadways are shown
on plans recorded at the Registry of Deeds and individually and /or
collectively afford a principal means of adequate access to the
subject lot.
3. The travelled extension of Miacomet Pond Road which the
Building Commissioner referred to as a "Meandering" way is not only
used by the "public" but provides principal access to the lot shown
on Assessor's Map 81, Parcel 129 owned by Richard Kotolac, Jr., who
resides on such lot as his principal residence. Based on this
access, Mr. Kotolac obtained a building permit even though he must
travel over other land to even reach this means of access.
4. The Appellant shall provide at the hearing on this appeal
affidavits of various persons either owning lots and using the
travelled extension from Miacomet Pond Road or other persons merely
using the travelled extension from Miacomet Pond Road indicating that
they have used that road for numerous years as the principal access
to their land or otherwise in using or accessing Miacomet Pond.
5. The Appellant shall further demonstrate at the hearing on
this appeal that the Building Commissioner has continuously granted
building permits, in addition to the building permit granted to Mr.
Kotolac in Miacomet Pond, for other lots in Cisco, Miacomet Pond and
Tom Never's Head in which such lots had access only on
non - constructed paper streets and without any other means of access
such as the subject lot has with respect to the travelled extension
of Miacomet Pond Road.
cporadd - 3/90
February 22, 1990
Mr. Bruce Poor
Box 852
Nantucket, MA 02554
Dear Mr. Poor,
BUILDING DEPARTMENT
TOWN BUILDING ANNEX
2 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Telephone 228 -6800 ext. 230
Please be advised that your application for a Building Permit for
an addition to a dwelling located at Harvard Street, Assessors Map t2
Parcel 107 has been reviewed and is hereby DENIED.
The subject lot does not have frontage along a Street as defined by
Chapter 139 -2 of the Code of Nantucket. Street is defined as "A public
or private way on record at -the Registry of Deeds which affords a
principal. means of adequate access to abutting property or a way shown
on a subdivision plan ... under the Subdivision Control Law." Harvard
"Street" is a non constructed private way in an area commonly referred
to as Miacomet Park. Miacomet Park, laid out and recorded in 1901 is,
what is commomly refearded to as, a paper subdivision. That is a
pre - subdivision control law plan that has never been constructed an :_:
has no status under the law (see MGL 41 Section 81 -FF).
The main access road to Miacomet Park, Miacomet Road, appears to
dead end into the pond shortly after the entrance to Pond View Driv
several hundred feet short of an intersection with any other way. The
numerous dirt tracks that stem from Miacomet Road, do not appear
straight enough to be within the grid lot and block lay out of ways,
they instead appear tc meander across land of others.
There has been no documentation provided of rights of access ever
any of the said tracks, therefore no evidence that adequate access to
Lincoln, Spruce, and Harvard "Streets" exists.
Although the zoning code does not define "adequate access" corrrlon
usage of -the term dic-t..ates that a way not physically laid out on the
ground let alone constructed can not possibly be construed as bein;
adequate access.
Therefore in order for a .Building Permit to issue documentatio:1
must be provided proving the lot is provided with adequate access. This
documation shall consist of, a plan by a Registered Land Surveyor
showing the layouts and traveled surfaces of all means access from P,,nd
View Drive to the locus, the extent of your rights to use said ways, and
recorded copies of relief granted by any Board or Commission to
construct or use said ways.
Please be advised that you may appeal the decision of the Building
Commissioner to the Zoning Board of Appeals pursuant to Chapter
139- 29D(1)(b) of the Code of Nantucket.
Very truly yours,
Ronald J. Santos
Building Commissioner
TOWN OF NANTUCKET
i
RECEIVED
APPLICATION WILL NOT
BE
BUILDING APPLICATION NUMBER
DEEMED COMPLETE UNTIL
APPLICATION FOR
REVIEWED BY BUILDING
PL AN EXAMINATION AND
INSPECTOR
BUILDING PERMIT
IMPORTANT - Applicant to complete all Items In Sections: 1,2,3,4, and 5
OWNERS NAME:
��� I
Last First Middle In* lial
LOCATION
PA6- Vtir-�l
I1 N6N11)( KCr �A
OF
BUILDING
No. Street Village
' T
� �
/O
Assessor's Map No.
.Assessor's Parcel No.
2. TYPE AND COST OF BUILDING - All applicants complete Parts A -D
A. TYPE OF IMPROVEMENT
D. PROPOSED USE - (For "Demolition" most recent use)
L/New Building
Residential
Nonresidential
• Addition (If residential, enter number
Zone Famil y
❑ Amusement, recreational
❑Church, other religious
of new housing units added,
if any, in Part D, 13)
El Two or more family - Enter
❑ Industrial
O Parking garage
• Alteration (See 2 above)
number of unfits
❑ Service station, repair garage
• Repair, replacement
❑ Transient Hotel, Motel or
❑ Hospital, institutional
❑Demolition (If multifamily residential,
dormitory; or INTERVAL
❑ Office, bank, professional
enter number of units in
OWNERSHIP - enter number of units
❑ Public utility
building in Part D, 13)'
❑ Garage
❑ School, library, other educational
• Moving (relocation)
❑ Stores, mercantile
• Foundation only
❑ Carport
❑ Tanks, towers
❑ Other - Specify
❑ Other - Specify
B. QWNERSHIP
Private (individual, corporation,
nonprofit institution, etc.)
❑ Public (Federal, State, or local
government)
omit cents
E. DIMENSIONS
C. COST
$ �
Dimensions (New) of
Dimensions of
Additional Structures: N�t1L-
Cost of: a. Structure
6
Dwelling or Addition:
,
�w�b. Electrical
No. of Stories: A _ Garage:
'T"7U 5' r" Accessory Bldg.
^ u�
c. Plumbing
First Flr Area:
Floor
U,,..
d. Heating
Second Floor Aroa:
Swimming
9 Pool:
e. Other
Third Floor Area:
Other:
F
TOTAL COST OF IMPROVEMENT
Total Floor Aroa:
BUILDING INSPECTOR'S ESTIMATE
Full Collar Aroa:
For now buildings and
additions, complete Parts
3. SELECTED CHARACTERISTICS OF BUILDING for Demolition, complete only Part 1.. for all others skip to 4.
F. PRINCIPLE TYPE OF FRAME
H. TYPE OF SEWAGE DISPOSAL
K. ACCESSORY HEAT SOURCE
No. of fireplaces
❑ (wall bearing)
❑ Public or private company
No. of Wood Stoves
//Masonry
8/wood frame
( rivato (septic tank, etc.)
No. of Coal Stoves
❑ Structural steel
Solar Collector
❑ Reinforced concrete
I. TYPE OF WATER SUPPLY
Other:
L. SMOKE DETECTORS
❑ Other - Specify
❑ Public or private company
_/
C� Private (well, cistorn)
No. of Dectectors ��
NvH�
Type (Battery or AC)
G. PRINCIPLE TYPE OF HEATING
J. SPECIAL CHARACTERISTICS
Soo Plan for Location
• Gas
❑ Air Conditioning
• Oil
❑ Heat Pump
M. RESIDENTIAL BUILDINGS NLY
L(Electricity
❑ Central Vacuum
Number of Bedrooms
• Coal
O Other
Number of Bathrooms
• Other - Specify
Full ✓ Partial
. fJ:
uea
N. ENERGY CONSERVATION Type Fryc,S�,fys Thickness R Value
Foundation or Floor insulation�� /r
Wall Insulation _ I�- /^J h� /ya y�ilc,� 62
L`
Ceiling or Roof Insulation z''h_ f_h 1111,- /N5 U/
Window Glazing: Insulated Glass Double Glass Storm r�
Doors: Insulated Yes No
Percentage of Window Area to Wall Area:
Maximum BTU loss per hour of structure:
O. STRUCTURAL CHARACTERISTICS OF BUILDING
Weatherstripped: Yes ✓ No
) U/_
q o ulS
S
(Do not fill in if % of window to wall area is less than 20 %)
Applicant is required to submit complete structural framing plans with application due to the complexity of the structure, if the following information
is insufficient for proper plan review.
Foundation �-
Footing size: L Footing reinforcing:
Wall material: cewe'C7eTWall thickness:
Wall height /— Wall reinforcing:
Pier or column size: 3r /t ~c°^K• i'tt"I C'.If,f Pier or column spacing:
Pier or column footing size: � 32'x /n' Pier or column reinforcing:
No t I �_
'7�_�/�'
. o craw space vents. Crawl space: M Full ❑ Partial
FRAMING: Main Carrying members: Size:
- 0
Support Spacing:
First Floor Framing
Joist size: x iv
Maximum Span:
' Maximum Spacing: �C r� O' �
Second Floor Framing
Joist size:
Maximum Span:
Maximum Spacing:
Ceiling Framing
Joist size: - -,2-
Maximum Span:
A6
Maximum Spacing:
Roof Framin g
Rafter size: x
Maximum Span:
� -3 '
r� p,
Maximum Spacing:
Roof Truss
Applicant must submit design calculations for
all wood trusses
stamped by a Registered Profession Engineer.
INTERIOR FINISH
Bedrooms 6.13, w/ SKrtit
Floors �j
Ceiling
—U2
Living Room
/r
Family Room
Dining Room /V / /'1
Bathroom /�L �R r > % -41/M (OA7- P�L195,1£/� /rW �� t
Utility Room /
Special (specify) _A-)
Attic ,n)� A t 7 N )t--1A-11
Cellar N %/4 /` cy L 1)
EXTERIOR FINISH
Wall Mater!
Roof Mater
Roof Type
NOTES AND DATE (For Department Use)
FEE CALCUALTIONS
LONING COMPLIANCE To be completed by all applicants
Applicant is required to submit a registered plot plan with application, showing location of all structures.
_
t
Zoning District:
L v Cj — 2-
Total Land Area:
Lot No. a 5'/ 2 %
1600
_ 7 /
Frontage on Street:
T(. . - C scc p`
Land Court Plan No.
N
Plan Book No. and Page:
— g
No.
Date Lot Purchased.
Certificate
1,JAL7E(2
D . So��scitJ
Name of Previous Owner:
SUBDIVISION, INFORMATION
2VLE
Name of Owner.
Date of Plan Approval: / LOT O F
Type of Approval. ANR AR
Planning Board File No. r
Is the Subdivision subject to a Covenant: YES NO
Is a Release required: YES NO /
Has Plan been filed with the Registtr�y oaf DDe�eds ?AYES ✓ NO
If YES: Plan Book and Page No. Date
TIME SHARING
INFORMATION
Is there a declaration of
Covenants and Restrictions of
Interval Ownership noted on
your Title or Deed? /
Yes No
DIMENSIONS 1
Distance from Property Lines: FRONT
REAR LEFT RIGHT
Distance between Principal and Secondary Dwelling: Nf (12ft. minimum.)
Height of structure above finish grade: N E
Number of off- street parkig spaces: Enclosed On -site
GROUND COVER
Principal Dwelling: _
Secondary Dwelling:
Addition:
Garage:
Accessory Building:
Swimming Pool:
Other:
Total: -4-4o SF.
Allowable: / 502 SF.
;MISCELLANEOUS
Was a request to "Delerming Applicability of the Wetland Protection Act" filed with the Nantucket Cosnervation Committee? YES NO
If answered YES, incide "Order of Conditions" with application.
What date was the "Order of Conditions" with application.
What date was the "Order of Conditions" filed with the Registry of Deeds? f� ZONE C
Is -the property located withing a Flood Hazard district? YES NO 1
Was a Variance or Special Permit granted by the Board of Apoals? YES NO �/
If answered YES, what date was the decision filed with the Town Clerk?
FOR BUILDING DEPARTMENT USE ONLY
Minimum Lot Size:
Frontage on Street:
Front Yard:
Additional Comments:
Ground Cover Ratio:
Side and Rear Setback:
APPROVED BY:
Date:
Zoning Officer
y applicants Te,ephone No.
,,. IDENTIFICATION - To be competed b all app Zip Code
5�
Name Mialing address - Number, street, city, and State a � 6 � 1
`� ��
60? /
/.,
1. CC
Owner or Builder's License
Lessee
z.
General Date
Contractor
Signature
4.
Architect or application as
Engineer the owner to make this app
I hereby certify that
andproposed work
lo authoriz
mrto albapplicablerlaws ootrthas jdurhsd ctiovn.beenauthorized by
his authorized agent
Address
Signature of plicant
A fvl -.'C
` DO NOT WRITE BELOW THIS LINE
6. PLAN REVIEW RECORD - For Office use
Plans Review Required
HISTORIC DISTRICS COMMISSION
SEPTIC
SEWER
WATER WELL COMPLETION REPORT
CONSERVATION COMMISSION
BOARD OF APPEALS
SECONDARY DWELLING APPROVAL (Planning Board)
FIRE CHIEF
OVER- THE -ROAD (Board of Selectmen)
RELEASE FORM (Planning Board)
ROAD OPENING PERMIT (DPW)
PLUMBING
7. VALIDATION
Building
Permit number —
Building
Permit issued
Date of
Reissuance
Building
Permit Fee _--- --
Date of Issuance of
Certificate of Occupancy
FOR DEPARTMENT USE ONLY
Use Group
Fire Grading
Live Loading
Occupancy Load
Census No.
Approved by:
Building Inspector
: W 1 N�oc -eft �c �Dv
WJNbow
No.
6LA55
Sim
SASH S17—
UN IT �tM.
�ouGH C�PENINCr
MANUF
MANuF
—ryi>C
C�lxanlT
8 -375
-�/-a Li &H7- 9
6 "X
"X 2�_/�
,�'_ox -t -5
3 -375
IZ LI(�►�' l
ISYj "X S6"
��- 7yX 3�'! %"
3'_ 57� , X 3' -5%Z"
A
6 L16-HT
JDu3iL UkiT
600 AF
F95-Nc#
i>ao rZ
MO(Z&AW
M - /00
:r1UUL
CERTIFICATE
OF
NON - CONTIGUOUS OWNERSHIP
I, the undersigned David J. Moretti, being an attorney duly
licensed in the Commonwealth of Massachusetts, hereby certify to
the Nantucket Building Department for the purpose of issuance of
the presently applied for building permit and to no others and for
no other purpose, that I have caused to be examined the public
records maintained at the Nantucket Registry of Deeds affecting the
premises situated at Harvard and Spruce Streets and shown as Lots
125 -129 and Lots 166 -170 on a plan recorded at the Nantucket
Registry of Deeds in Plan File 1 -E, (hereinafter also the Premises)
and the record title to the properties abutting the Premises, to
wit Lots 85 -89, 124, 130, 165, 171 and 207 -211, all on the
aforesaid plan; AND
THAT none of the aforesaid lots abutting the Premises have been
held in ownership common with that of the Premises since January
1972, at or about which time the zoning by -law was adopted in
Nantucket.
Signed under the pains and penalties of perjury this "^2r ` day of
January, 1990. A
V
� a/, P A ,1 ' N�
6avid /J J. ,Mof etti
Glid en;& Moretti, P.C.
37 C n e Street
Nantucket, MA 02554
(508) 228 -0771
GLIDDEN 9 MORETTI. P.C.
37 CENTRE STREET
NANTUCKET. MASS. 02554
TEL (508) 2 28 0771
Certificate No. '" t1" -7 w'' , Date Issued: 1 °r
APPLICATION TO THE HISTORIC DISTRICT COMMISSION A 0
Nantucket, Massachusetts for —
CERTIFICATE OF APPROPRIATENESS - STRUCTURAL WORK
An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 Acts and Resolves of
Massachusetts, 1970 proposed work as described below, and on plans, drawings and photographs accompanying this appli-
cation. This is a contractual agreement. Fill out in ink.
TAX MAP NO. PARCEL NO.
OWNER OF RECORD: I���/ �� . i�! a'_�F DATE:
HOME ADDRESS: P—o. �GX 7�5 y l \J 1[\)?t.xL'L. 1 ZIP: / :)S1 j TEL. NO.:
ADDRESS OF PROPOSED WORK: tAr .
NAME AND ADDRESS OF AGENT: ZIP: TEL. NO.:
All drawings submitted must be of I" scale and will be retained by this office.
i
I DESCRIPTION DWELLING ADDITION_ GARAGE COMMERCIAL_ RAZING or DEMOLITION_
OF WORK
HISTORIC RESTORATION_ PAVING_ STEPS_ FENCE_ GATE_ OTHER_
j SIZE OF STRUCTURE: Length J Width C Square Footage
WOOD DECK: Size 1st Fl. 2nd Fl.
DIFFERENCE BETWEEN EXISTING GRADE AND:- INISH GRADE:
HEIGHT OF RIDGE ABOVE FINISH GRADE: N. 1.7 - %(? S. % 7 E. - to W.-1 %' /U
DETAIL 1. Foundation. Height Exposed_ Con. Blk. Blk. parged Lim Brick type
r<
2. Chimney: Block pa.4gged Brick Type
3. Wood Garage Doors Wood Louvers
A �p
.... = Skylight: (Flat OnlyK,3ype Size IF
Y
-�� olu
are VID
r
I ; 5. oof Pitch: 2 Dormer Pitch Other s "4y dl/ero� that no
6.' oofing Materia�Asphalt Wood Other specifkatipns m �'0 r /� ubrs
i Y �apraval without
7. eader Material" `� Size / o/ the C prior,
utter Material Material Size r
LLJ
scia. Size Soffit Overhang (_, _ Rakeboard side _ Cornerboard Size__.
10 Si ewall: White Cedar Shingles {/`� Clapboard i�lOtr r
1
Wi dow style: Double',hung ✓ Crankout muntip ✓ Snap -in Grills,
O G t'ANL L.
oor type: Front , f Rear f ''! N('4 Other Material. _ �, �
COLOR Sidewall - F'l.) I .. -FI Roofing 'fi -I h r- i�' Doors
Trim 00"12-,_;( !Le 7- r:( -t Foundation Fence
Sash 1r r . T : r1 Shutters Deck
Received by HDC office -
SIGMA URE OF OWNER-OF RECORD
VALID FOR 12 MONTHS FROM DATE OF ISSUANCE. MAY BE RENEWED. NO STRUCTURE MAY DIFFER FROM THE APPROVED
APPLICATION. %
APPROVED ✓ DISAPPROVED
Chairman
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