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Home My WebLink About047-90Form 3 -89 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 1.��( -W�- , 19 9c) To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. p4,7 -, of: DOROTHY M PETUMENOS, B. THOMAS, M. AUSTIN EY AL 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. Linda F. Williams, Chairman cc: Town Clerk Planning Board Building Commissioner �• ' , t f NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MASSACHUSETTS 02554 At a public hearing on Friday, July 13, 1990, at 1:00 PM in the Town and County Building, Nantucket, Massachusetts, on the Application of Dorothy M. Petumenos, Barbara M.Thomas, Marina M. Austin, Timothy Petumenos and Basil C. Petumenos, c/o Glidden & Moretti, 37 Centre Street, Nantucket, MA 02554 (File No. 0q-t-90), the Nantucket Zoning Board of Appeals made the following DECISION: 1. Applicant seeks a reversal of the Building Commissioner's decision to deny a building permit (for the razing and complete reconstruction of a shed in the same footprint) . The shed, said to be existing for more than forty years, stands within the 5 -foot sideline and rear line setbacks. The Building Inspector argues that accessory buildings are not afforded the same protection as single and two- family dwelling structures, and that the razing of the building will terminate its protection, unless relief is sought and obtained from the Board of Appeals. Applicant also seeks, in the alternative, a SPECIAL PERMIT pursuant to Section 139 -33A to a4er or reconstruct the pre- existing, nonconforming shed. Reconstruction is proposed in substantially the same footprint, and will not make the nonconforming distances more nonconforming. Applicant also sought relief by Variance from the rear and sideline setbacks, but such request was at the hearing withdrawn without prejudice. The Board, upon a motion duly made and seconded, voted to allow the withdrawal without prejudice and with the further benefit that upon resubmission, no application fee shall be charged, as a meritorious case may have been set out here for relief. 2. The premises are located at 82 Center Street, in the R.O.H. The property is shown as Parcel A on L.C. Plan 18917 -A filed with Certificate of Title 2670 at the Nantucket Registry District for Land Court. 3. Our findings are based upon the Application papers, the testimony, representations and submissions made at the public hearing first above mentioned. We note that no opposition to the application was made known to the Board at the hearing. 4. With regard to the Special Permit, we find that our granting this permit is in keeping with the intent and purposes of the By -law and will not cause detriment to the neighborhood. Whereas, the proposed structure replaces almost exactly a structure which has been in existence for the past forty years, at least, we can make no finding but that the reconstruction will not have a substantially more detrimental effect on the neighborhood than that which presently exists. It is also worth noting that the abutters to the east, a commercial establishment (American Seasons Restaurant) , are said to support the application, and no opposition was heard. It is worth noting further that a manhole for the Town's drain from the Lily Pond is located on the westerly side of A d would interfere with relocation of the shed outside the she an of the setback area. 5. With regard to the Appeal of the Building Commissioner's decision, we deny relief. In support of the Building Commissioner's decision, we find that the protections afforded single and two - family dwelling structures under section 139 -33A do not extend to separate accessory buildings used in conjunction with such dwellings, to wit a storage shed. 6. ACCORDINGLY, this BOARD, upon a motion duly made and seconded, grants relief by SPECIAL PERMIT to rebuild or reconstruct the storage shed substantially in the same footprint and substantially in accordance :with the plans on file with the Building Commissioner for which a permit was previously denied. Dated: CJgUA-� , 1990 / r (Note: only four (4) Members sitting] � r T TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be 'zeld on FRIDAY, JULY 13, 1990 at 1:00 P.M. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Applica- tion of BARBARA THOMAS, MARINA AUSTIN, DOROTHY PETUMENOS ET AL (047 -90) seeking reversal of the decision of the Building Commissioner dated June 18, 1990 by an appeal pursuant to SECTIONS 139 -31A and B so that Applicant can demolish an existing non - conforming tool shed and reconstruct it in the same foot print (which intrudes into the required 5 -foot side lot -line setback); alternatively, by VARIANCE (or Special Permit if applicable) from SECTION 139 -16C to allow such reconstruction. The premises are located at 82 CENTER STREET, Assessor's Parcel 42.4.3 -062, Parcel A on Land Court Plan 18917 -A, and zoned RESIDENTIAL OLD HISTORIC. William R. Sherman, Chairman BOARD OF APPEALS `r t BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 CASE No. -� APPLICATION FOR RELIEF BaAbaAa M. Thomas, MaAina M. Austin, Dorothy M. Petumenos, owner's name(s): Timothy J P 14ailing address: 82 Cent4e St Na uck QUA'02554 Applicant's name:zame Mailing address: c/o Ridden 6 Moutti., P C P 0. 1079 �t��bot MA 02554 Location of lot: Assessor's map and parcel number 4243 - 062 Street address: 82 CentAe StAeet Registry Land Ct Plan, Plan B a� Tie Plan File 18917 -A Lot PaAce�Z A CeAt. Date lot acquired: /�4 )W&&AXXX 14, 198 Zoning district Uses on lot - commercial: None X or MCD? - number of: dwellings 1 duplex apartments__ rental rooms Building date(s) : all pre - 8/72? yg,,6_ or C of 0? Building Permit appl' n. Nos. U�llll�n��e' Case Nos. all BoA applications, lawsuits: State fully all zoning relief sought and respective. Code sections and subsections, specifically what you propose com-pared to present and what grounds you urge for BoA to make each finding per Section 139-32A .x if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3JA & B X , attach decision or order appealed. OK to attach addendum . AppZicant hereby mattes appea.Z o6 the dec z on o6 the Bui,Zding CommizstioneA to deny the bu itding peAmd t to Aeeonztkue t a too.Z shed at 82 Center Stuet. The Building CommissioneA's decision .us set out in a .ZetteA datie' &June 18, 1990, a copy o b which i,6 annexed heAeto . App.e i ,ands Aebpee tbuUy submit that the Aeeon- stcucti.on .v., not a 6ubstanti.a.Z attenati.on o6 the noneon6oAmi.ng 6tAu.ctUAe,. Aequilc- ing a Spec i.a.Z PeAmtit, and may be done as a matteA o6 xi.ght. In the aZteAnati.ve, appiicant seeks a SpeeiaZ PeAmct oA Va ianee �o allow the Aeeonsttucti.on o6 a ptce -ex i,sti.ng shed in the same 600tp1c i.nt, which eneAoaehes within the side yard setback wtea. The proposed structure will not be closer to the sideline than that which presently exists. Items enclosed as part of this Application: orderl addendum2 Locus map Site plan showing presentT +planned 'structures Floor plans present proposed elevations (HDC approved ?_) Listings lot area frontage setbacks GCR parking data Assessor - certified addressee list 4 sets ma� ing labels 2 sets_ 200 fee payable to Town of Nantucket proof _'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comn's record to BoA.) I certify that the requested information submitted is substantially complete and true to th best of my knowledge, under the pains and penalties of p --jury., SIGNATURE: Applicant Attorney /agent X 3(If not owner o . I ner's attorney, enclose proof of authority) s k'TU'k BUILDING DEPARTMENT TOWN BUILDING ANNEX �� =}' • = 2 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Telephone 508- 228 -7222 Tele Fax 508- 228 -7249 June 18, 1990 Ms. Dorothy Petumenos 82 Center Street Nantucket MA 02554 Dear Ms. Petumenos, Ronald J. Santos B11ilclin9 Commhsioncr Your application for a Building Permit to reconstruct a tool shed at 82 Center Street, Assessor's Map 42.4.3 Parcel 62, has been reviewed and is hereby DENIED. The shed as existing is within the five (5) foot side and rear yard set as required by Chapter 139 -16C of the Code of Nantucket and appears to enjoy a protected or "grandfathered" status. When a permit is issued and the shed demolished the lot is brought into conformity with the setback requirements. Once conforming a lot can not be made, nonconforming therefor a new permit can not be issued to replace the shed back in the same location, in violation of the setbacks. Accessory buildings do not enjoy the exemptions granted single family dwelling in C}iapter 139 -33A of'the Code of Nantucket. Please be advised that you may appeal this decision to the Zoning Board of Appeals pursuant to 139- 29(D)(1 )(b) of the Code of Nantucket. If you have any questions, please feel free to call me directly at (508) 228 -7222. Very truly yours, C/ITu�,a� Zan�� ald J. Building Commissioner TOWN OF NANTUCKET