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Home My WebLink About049-900 Z-- ' _ � e�) BOARD OF APPEALS OF NANTUCKET TOWN OF NANTUCKET NANTUCKET, MA 02554 File No. 049 -90 Map 55 Parcel 14:T—&-150 IN RE. THE APPLICATION OF ROBERT A. SARVIS, TRUSTEE, BAYBERRY COURT REALTY TRUST, AND CAFE BELLA VITA Upon the request of the Applicant(s) made (check one) prior to x after publication of notice of a public hearing on the above captioned application, we (check one) the withdrawl (check one) Dated_C! acknowledge as a matter of right and without prejudice approve without prejudice x approve, but with prejudice X in full of the said application. of so much of the said application as Linda F. Williams William R. Sherman Dale W. Waine C. M r hall Bea e ' G TOWN OF NANTUCKET ZONING BOARD OF APPEALS Nantucket, Mass. 02554 July 31, 1990 Theodore L. Tillotson, Esq. Sherburne, Powers & Needham One Freedom Square Nantucket, Mass. 02554 Re: Robert Sarvis, Trustee, and Cafe Bella Vita Dear Mr. Tillotson: Your Application for Relief, Dated July 17, 1990, on behalf of the above named Applicants has been advertised for hearing for the August meeting of the Board, but there remain serious questions concerning whether the Board should hear the matter. First, the Application was apparently not filed within the time permitted under Section 139 -31B which states "Any appeal to the Board of Appeals shall be taken within thirty (30) days from the date of the order or decision which is being appealed...." This Section is consistent with M. G. L. Chapter 40A, Section 15, which also states, "Any appeal under section eight to a permit granting authority shall be taken within thirty days from the date of the order or decision which is being appealed." The date of the decision is June 15, 1990, and the deadline for filing the appeal was July 16, 1990. Your appeal was not filed until July 17, 1990. Before we hear the substantive issues you seek to raise, you will need to address upon what basis the Board has authority to hear you appeal under that Section. As you have pointed out, Mr. Santos' notice to you does state that your appeal must be filed within thirty days of receipt of the notice of the decision, but Mr. Santos does not have the authority, as Building Commissioner or as Zoning Enforcement Officer, to extend the time for filing specified in the Zoning By -Law. The second issue is that the Board of Appeals may lack subject matter jurisdiction under Section 139 -31A of the Zoning By -Law to hear the appeal. That Section, read in its entirety, makes the Board of Appeals the appellate board for persons aggrieved by decisions of the Building Inspector "...in violation of any provision of this chapter or of the Zoning Act of Massachusetts." Your Application clearly states that there is no dispute under Chapter 139 (the Zoning By -Law); the dispute is over interpretation of the State Building Code. The function and jurisdiction of the Zoning Board of Appeals may not extend to final determination of disputes concerning that Code. If you dispute Mr. Santos' authority to decline to issue a Certificate of Occupancy because he believes there are possible violations of the State Building Code in the building in question, you will have to establish that that is a matter which appropriately and properly to be heard by the Nantucket Zoning Board of Appeals. A third issue is whether this Board is the appropriate one because the Commons is operating under a Special Permit as a Major Commercial Development from the Planning Board. As they are the permit granting authority, perhaps your appeal should have been filed with them. In the interest of expediting the hearing, you my find it advantageous to confer with the Zoning Board Administrator to give him as much time as possible to research any precedents you intend to cite in support of our hearing the substantive issues of your appeal. Ver tr yours, Linda F. Williams, Chairman CM3R Form 6 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 File No. Assessor's Parcel THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO MAKE A DECISION (or to ty4zd� ring or take other action) concerns the Ap is on Roe4 a:r I ,S�2�1�5 i2 -US7F� ('F�`�r�r(L2Y CoinZ r�t�C7✓ 7�-us7 Pursuant to the provisions of the Acts-of 19817, Chapter 34\ 46W, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicants) /petitioner(s) and the 7for rd of Appeals hereby agree to extend the time limit a public hearing Z on the Application, or Y for a decision V/ of the Board, or for any other action by the Board, (whether such Application is an appeal from the decision of any administrative official, a-Tetition for a Special Permit , or for a Variance , or for any extension , modification , or renewal thereof) to the NEW TIME LIMIT of midnight on AGW (j-i 2 1f) = 15� U but not earlier than a time limit set by statU-t-eok bylaw. The Applicant(s),, or the attorney k"11"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 xtent, consistent with this Agreement. se _,- - a lit t v Effect ve date of Ag eement cc: Town Clerk Planning Board Building Commissioner Agreement filed in the office of the Town Clerk: Da e own,;C er TOWN OF NANTUCKET ZONING BOARD OF APPEALS Nantucket, Mass. 02554 July 30, 1990 NOTICE OF PUBLIC HEARING A public hearing of the Zoning Board of Appeals will be held on Friday, August 17, 1990, at 1:00 P. M. in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: ROBERT A. SARVIS, TRUSTEE, BAYBERRY COURT REALTY TRUST, and CAFE BELLA VITA Board of Appeals File No. 049 -90 Seeking an Appeal under Section 139 -31A & B of the Zoning By -Law of a Decision of the Building Inspector, dated June 15, 1990, that the Applicants are in violation of Section 139- 28A(1) of the Zoning By -Law in that they have occupied a building without a Certificate of Occupancy. The premises are located at Bayberry Court, Building 7, Assessor's Map 55, parcels 144 & 150, as shown in Plan File 31 -C, in the Nantucket Registry of Deeds. The property is zoned RC. , Tvt �Ikl $ i Li�2 wJ Linda F. illiams, Chairman Jul 17, 1990 BoA Form 1 -89 NANTTOWTANDNCOUNTYABUILDINGPUALS Date NANTUCKET, MA 02554 CASE No (- APPLICATION FOR RELIEF Owner's name(s): ROBERT H SARVIS, TRUSTEE BAYBERRY COURT REALTY TRUST Mailing address • C/O SHERBURNE, POWERS & NEEDHAM, ONE FREEDOM SQ. NAN aMET. MA 02554 Applicant's name: ROBERT A SARVIS, TRUSTEE & CAFE BELLA VITA C/O PAT BEAULIEU Mailing address • SHERBURNE, POWERS & NEEDHAM, ONE FREEDOM SQ. , NANTUCKET, MA 02554 Location of lot: Assessor's map and parcel number 55 - 144 &. -150 Street address • BAYBERRY COURT - BLDG 7 Registry Land Ct Plan, Plan Bk & Pg or Plan File 31 -C Lot Date lot acquired: _�J 27 88 Deed Ref 302/171 Zoning district R Uses on lot - commercial: None or _ - number of: dwellings duplex RESTAURANT apartments Building date(s): all pre -8/72? or 3/7/89 Building Permit appl'n. Nos. 6705 -89 Case Nos. all BoA applications, lawsuits: MCD? Y rental rooms C of O? NO State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139 -32A if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3A & B x , attach decision or order appealed. OK to attach addendum . Applicant is aggrievied by order of Building Commissioner annexed hereto as premises currently comply in all respects with Code Chapter 139, (Nantucket Zoning By -law) . The absence of a Certificate of Occupancy is not based upon zoning but is due to a dispute as to the interpretation of the Building Code. Items enclosed as part of this Application: orderl X addendum2 Locus map Site plan showing present +planned structures Floor plans present proposed elevations (HDC approved ?_) Listings lot area frontage T setback, GCR parking data Assessor-certified addressee list 4 sets maJling labels 2 sets_ (If an appeal, ask Town Clerk Nantucket tosend covenant ( BoA.) I certify t at t e request formation submitted is substantially complete an tr to the St o my knowledge, under the pains and penalties o pe 'ury.�_ SIGNATURE: :Z / Applicant Attorney /agent X /�u T Bore L. Til of on, Esq. 3tTf -,mot- nw Pr or owner's attorney, enclose proof of authority)