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Home My WebLink About039-90Form 3 -89 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June a ( , 19 90 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. 039-90 Of: RICHARD COOPER 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 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. Willi m R. Sherman, Chairman cc: Town Clerk Planning Board Building Commissioner NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MA 02554 At a public hearing on Friday, June 1, 1990, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application (039 -90) of RICHARD F. COOPER having an address at P.O. Box 973, Nantucket, MA 02554, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicant seeks a Special Permit under zoning Bylaw Section 139 -16C to reduce the required 10 -foot rear lot -line setback sufficiently toward 5 feet to validate the existing siting of his single- family dwelling approximately 6 feet from the lot line at its nearest point. 2. The premises are at 7 Enterprise Circle, Assessor's Parcel 66 -230, Lot 22 of Land Court Plan 35397 -G, zoned Residential - Commercial 2. 3. Our findings are based upon the Application papers, including sewage - disposal (as- built) plan dated 2- 11 -85, correspondence, and representations and testimony received at our hearing. 4. Applicant represents that his dwelling was constructed pursuant to Building Permit 4080 -85 on his pie- shaped, 20,554 -SF lot. Because of an office error as to the applicable setback, the permitted siting of the house was and is about 6 feet from the rear lot line. This leaves almost the entirety of an attached rear deck intruding into the required 10 -foot setback and northerly corner portions of the house itself. Removal of these structures would obviously be a financial and personal hardship. 5. In this RC -2 zone, Section 139 -16C of the intensity regulations allows relief by Special Permit, i.e., without the findings necessary for variance relief. Ordinarily relief is not to be granted simply to correct an error which might be ascribed to the Building Department or the Zoning Enforcement Officer. The property owner retains responsibility for ensuring that his own property conforms to a legally correct application of the zoning regulations. 6. In the present instance, the Planning Board's recommendation is favorable, the sole neighbor heard from supports grant of relief, and we see no ill effect in granting the requested relief under the circumstances of record. Such relief is found to be in harmony with the File No. 039 -90 general purpose and intent of the zoning Bylaw. 7. Accordingly, by unanimous vote, this Board grants to Applicant the requested Special Permit under Section 139 -16C to validate the existing siting of his single- family dwelling, as shown on the 2 -11 -85 plan, by reducing the required 10 -foot rear lot -line setback to the extent necessary for such validation. Dated June oZl, 1990 .. Yv114/11ams RoberVJ.l Leichter Peter F. Dooley I Midhdel J. O'Mara - 2 - BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 CASE No.O3 -^ APPLICATION FOR RELIEF owner's names) : C`y`' Mailing address • '4�n' Applicant's name • Mailing address: 4, 7)1 AS I Location of lot: Assessor's map and parcel number Street address • 2 L ) "��`, " , ,S�= C Jl CA Registry Land Ct Plan, Plan Bk & Pg or Plan File 3,j-39 'L Lot Date lot acquired: y � � Deed Ref C -- //fit /c' Zoning district ��— Uses on lot - commercial: None or /��- �% �� %> ��1 l c_ MCD? - number of: dwellings / duplex apartments_ _ rental rooms Building date(s): all pre -8/72? or i� ��' �) �S �� ' 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 com;Dared 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 noncor- orming use). If appeal per 139 -3JA & B _ , attach decision or order appealed. OK to attach addendum . e leD n✓�a� m,� j �v�✓c vrA trite" S .r- ' sa ✓v ✓7 ✓^%�CO.�tr%�� y eia G- j�ieO� G��S /3�UCx5 w ✓ 2� sue% �rf� =ii F ion ✓� �� c��c'�t'e r� i3 �� ✓i?-S r�� %U✓C . ��GVSG !� � -;- !3 Items enclosed as part of this Application: order l addendum2 Locus map Z Site plan showing present +planned 'structures Floor plans present proposed - elevations (HDC approved ?_) Listings lot area ✓ frontage ' setbacks GCR parking data Assessor - certifies- addressee ist 4 sets ma�*ling labels 2 sets_ 200 fee payable to Town of Nantucket proof _'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, undsr the pains and penalties of perjury. SIGNATURE: S% �c Applicant Attorney /agent _ 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 May 14, 1990 A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JUNE 1, 1990 at 1:00 P.M. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STRFF-S, NANTUCKET, on the Application of RICIIARD COOPER (039 -90) requesting a SPECIAL PERMIT under SECTION 139 -16 (rear yard setback) to permit the current siting of a single - family dwelling presently six feet from the rear -yard lot line at its closest point, by reducing the requirement from 10 feet to 5 feet. Ine sitiag error is said to be due to incorrect information provided by the then Building Inspector on Applicant's Building Permit. The premises are located at 7 ENTERPRISE CIRCLE, Assessor's Map 66, Parcel 230, and is zoned RESIDENTIAL -2. William R. Sherman, Chairma. BOARD OF APPEALS BoA Form 1 -89 NANTUCKET ZONING DOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKETf HA 02554 CASE No. 97 APPLICATION FOR RELIEF Owner's name(s): Mailing address: C9 )_3 Applicant's name • Mailing address: Location of lot: Assessor's map and parcel number - � < >�`/ Ao%- 2 Street address: Registry Land Ct Plan, Plan Bk & Pg or Plan File _j`� `i C; Lot Date lot acquired: _�L /c`n7 Deed Ref /�J ` /c' Zoni,:g district ``- Uses on lot - commercial: None or /c_._- ;�, -),- - > > i i 1 �- MCD? - number of: dwellings / duplex apartments_ _ rental rooms Building date(s): all pre -8/72? or -L ii S C of 0? Building Permit appl' n. Nos. Case Nos. all BoA applications, lawsuits: State fully all zoning relief sought and respectiv�-2 Code sections and subsections, specifically what you propose com.Dared to present and what grounds you urge for BoA to make each finding per Section 139 -32A if Variance, 139 -30A ✓ if a Special Pe:-mit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3�A & B _ , attach decision or order appealed. OK to attach addendum . ��'�rv�'�'.: ii�G 5�� ' ✓i�.� i c= .c'�is'- C.r✓.c�� =.t° S� cf✓C_?.� i3� � �C,uvcc= /�?�i9c ; b Goo 9/9 ct�rt°r�c�c �` �n aic' �� ✓srv� a rc,- -CT)) ,2 � Nr ✓�i�e"/1 ✓Jh -�4. J� Sr�� : UiC S': i�3i 'ire f� /�'c -%`'� �j��"•.� 3'cT� i��' ✓C .. w S .S` 0 ✓7�eG.�tr � cJ, tc.yH S C�rc l�'c Z F�.rfG <� Ice /,-1c<) L -;�ieD !S �3�r�cxy w 7 ✓� s�� [, /�� P j �"� t iOn ✓3 �� °c cir'c r� i� �� ,�VoJ S ✓�C ��U�C . ��GOS� !� ��aSC i i�v. /J .` /3 NCO Items enclosed as part of this Application: orderl addendum2 Locus map L Site plan showing present +planned "structures Floor plans present proposed elevations (HDC approved ?_) Listings lot area v, frontage • setbacks GCR parking data Assessor- certifieU addressee ITTt 4 sets ma�'11 g labels 2 sets_ 200 fee payable to Town of Nantucket proof _'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr's 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 perjury. SIGNATURE: Applicant Attorney /agent 3(If not owner or owner's attorney, enclose proof- of authority)