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Home My WebLink About001-91TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date February F , 19 91 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 001 -91 Owner /Applicant: Elaine Winer Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An ,ozeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Lads. ny -=Ct_on the eC' _On St �e fii.lna. an Com,laint in court within 77 ENTY ( =0j C3y3 i_Lar t'n4 -s cay's date. ''Ctice of the action 'v:ltn a -ovy of t le COmlai I^it rangy certified CO_'y Of treeC1S101 'L'St be given to v1.� (-1 n Cl e� : so as ... 'o we rec- =i�: -U .. 1 Ltll:: �:.[L -il a ti ._.,• 1 1 (20) days. cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 Map 087 2 -8 Naushon Way & Parcels 11, 12, 14, 16, 17 14 Nonantum Ave. At a Public hearing of the Board of Appeals held on January 18, 1991, at 1:00 P.M. in the Town and County Building, Broad Street, Nantucket, Mass., on the Application of ELAINE WINER (001 -91), of 404 Grand Street, Patterson, New Jersey'b7505, the Board made the following Decision: 1. Applicant seeks a Special Permit under Section 139 -33(A) of the Zoning By -Law (Pre - existing nonconforming uses, structures and lots) from the requirements of Section 139 -16 (Intensity regulations, front yard setback), or, in the alternative, for a determination by the Board that a Special Permit is not required. Applicant wants to construct an addition to an existing structure which is currently sited fourteen feet (141) from the line between her lot and Poplar Street and thirteen feet (131) from the line between her lot and Nobadeer Avenue, where a thirty foot (301) front yard setback may be required under Section 139 -16. The addition will continue along the same line as the existing structure and will not come closer to the lot line than at present. 2. Our findings are based upon the Application and papers filed therewith, the representations, testimony and evidence, both oral and documentary, presented at the hearing, and a recommendation by the Planning Board that neither Poplar Street nor Nobadeer Avenue be considered "Streets" within the definition of Section 139 -2 of the Zoning Bylaw, and, therefore, no relief be required. 3. The property may have become nonconforming as a result of an amendment to the Zoning Bylaw made on November 15, 1990, which required front yard setback distances from all "streets" abutting a lot; the existing structure pre -dates that amendment. 4. According to the evidence, Poplar Street is not laid out on the ground, is not used for access to any lot abutting the section of Poplar Street which also abuts applicant's property, and it is not shown on a plan endorsed by the Planning Board under the Subdivision Control Law. 5. Nobadeer Avenue, like Poplar Street, is not constructed at the section abutting the subject property and is not used for access to any lot abutting that portion of the way; Nobadeer Avenue is shown at other points along its length on plans endorsed by the Planning Board under the Subdivision Control Law, but not in the section abutting applicant's property. 6. According to the,evidence'; applicants building meets the side /rear setback requirements for the district and otherwise complies with the zoning requirements for the district. 7. No relief would be required if the Board finds that neither Poplar Street nor Nobadeer Avenue is a "Street" within the definition of section 139 -2 of the Zoning By -Law because Applicant would not be required to meet the front yard setback requirement, otherwise relief would be by Special Permit under Section 139- 33(A). 8. This Board, by unanimous vote, finds that the section of Poplar Street abutting applicant's lot is not now a "street" within the definition of Section 139 -2, and applicant is not required to maintain the front yard setback distance from it, and that the section of Nobadeer Avenue abutting applicant's lot is not now a "street" within the definition of Section 139 -2, and applicant is not required to maintain the front yard setback distance from it. 9. By unanimous vote, the Board granted Applicant's request to withdraw her application without prejudice because, based upon the Board's findings no relief is required under the Zoning Bylaw. Date: Feb F , 1991 ert J/ Leichter William R. Sherman I�Inda F. Williams BOARD OF APPEALS OF NANTUCKET TOWN OF NANTUCKET NANTUCKET, MA 02554 ******************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** File No. 001 -91 Map 87 Parcel 11 , 4, 16, 17 IN RE: THE APPLICATION OF Elaine Winer + Upon the request of the Applicant(s) made prior to (check one) X after publication of notice of a public hearing on the above captioned application, we (check one) the withdrawl (check one) * acknowledge as a matter of right and without prejudice x approve without prejudice approve, but with prejudice X in full of the said application. _ of so much of the said application as _ * Relief was deemed not necessary. Dated: Voted: Jan. 18, 1991 Filed: Feb. 5 , 1991 00' TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JANUARY 18, 1991 at 1:00 P.M. in the Town and County Building, Federal and Broad Streets, Nantucket, on Application of: ELAINE WINER Board of Appeals File No.: 001 -91 Applicant is seeking a SPECIAL PERMIT under SECTION 139 -33A (Pre- existing, non - conforming uses, structures and lots), and if necessary, a VARIANCE under SECTION 139 -16, or, in the alternative, for a determination by a Board that a Special Permit is not required. Applicant wants to construct an addition to an existing structure which is currently sited fourteen feet (141) from the line between her lot and Poplar Street and 13 feet (131) from another lot line and Nobadeer Avenue, where a 30 foot (301) setback may be required under Section 139 -16 (Intensity Regulations, front yard setback). The addition will continue along the same line as the existing structure and will not come closer to the lot line than at present. No relief would be required if the Board finds that Poplar Street and Nobadeer Avenue are not "Streets" within the definition of Section 139 -2 of the Zoning By -Law. If the Board finds that Poplar Street is not a "Street" but Nobadeer Avenue is, then the Board must determine whether a Special Permit is required under Section 139 -33A. The premises are located at NONANTUM AVENUE, Assessor's Plan File 3D, Lot 4 -10, Blo RESIDENTIAL -2. N WAY AND 14 1,12,14,16,17, 4�fz� 14111�11,00