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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
,4o ay --3 " , /??/
To: Parties in interest and others
concerned with the Decision of the
Board of Appeals in Application No.:
of: G CLae �Q _ V,�rp
Enclosed is the Decision of the Board of Appeals which has this
day been filed with the Nantucket Town Clerk. This Decision
provides a Clarification (not a iiodification) or authorizes a
Temporary Permit under Zoning By -Law Section 139 -26H with no
t q
r� u- i w��y (�0) day ay appeal period re : re d
cc: Town Clerk
Planning Board
Building Commissioner
V
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
DECISION:
The Board of Appeals at a Public Hearing held on Friday,
May 17, 1991 at 1:OO P.M. in the Town and County Building,
Nantucket, MA made the following Decision upon the Application
of Cape Cod Express, Inc. (No. 033 -91) 44 Tobey Road, Wareham,
MA 02571:
1. This is an Application for a modification /clarification
of a Variance granted on May 24, 1985 (040 -85) to remove any
zoning defects created when one parcel containing two pre -1955
buildings was subdivided into two (2) non conforming lots. The
property is known as 49 Pleasant Street, Assessor's Map 55,
Parcel 019, Lot 1, Plan File 16A and is zoned Residential -1.
2. Based upon a review of the Application, supporting docu-
ments, plans and testimony, the Board finds that at the time of
the 1985 Application, the prior Applicants were the owners of both
Lots 1 and 2 on Plan File 16 -A, both of the lots were mentioned in
the Decision, the old plan showing the lots before division was re-
ferenced, and the Assessor's parcel number included both lots.
3. The Board finds that the variance relief requested
pursuant to .Section 139 -32 for relief from the Intensity Regula-
tions, Section 139 -16 as to area, ground cover ratio and side -line
back requirements may be granted by modification or clarification
of the prior Decision No. 040 -85 which made specific variance find-
ings.
Further, the Board finds that literal enforcement of the
zoning by -law would involve substantial hardship to the Applicant
by making the property unmarketable. The desired relief may be
granted without substantial detriment to the public good and with-
out nullifying or substantially derogating from the intent or pur-
pose of the zoning by -law.
4. The Board imposes as a condition of granting relief, the
requirement that the use --pp �
of the Zi ,ses continue as a sie
5. For the reasons and upon the conditions hereinabove set
forth, the Board unanimously grants the modification/clarifica -
tion of the prior Decision as requested with respect to the
premises at 49 Pleasant Street.
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LAW OFFICES
HOLMES, HAYS & FITZGERALD
35 CENTER STREET
P. O. BOX 1108
NANTUCKET, MASS. 02554
WAYNE F. HOLMES
WILLIAM H. HAYS III
JULIE A. FITZGERALD
May 8, 1991
Mr. Robert Leichter, Chairman
Board of Appeals
Town and County Building
Broad Street
Nantucket, MA 02554
RE: Application of Cape Cod Express, Inc.
Property: 49 Pleasant Street
(508) 229 -0052
FAX (509) 2298943
Dear Mr. Leichter:
Enclosed please find four (4) copies of a mortgage plot
plan dated May 2, 1991 to supplement the above application.
Very truly yours,
Julie A. Fitzgerald
JAF /mc
Enclosures /
CC: Mrs. Joanne Holdgate, Town Clerk
with copy
LAW OFFICES
HOLMES, HAYS & FITZGERALD
35 CENTER STREET
P. O. BOX 1108
NANTUCKET, MASS. 02554
WAYNE F. HOLMES
WILLIAM H. HAYS III
JULIE A. FITZGERALD
April 25, 1991
Mr. Robert Leichter, Chairman
Board of Appeals
Town of Nantucket
Nantucket, MA 02554
RE: Application of Cape Cod Express Inc.
Property: 49 Pleasant Street
Dear Mr. Leichter:
Enclosbd please find the following:
033.9/
(hoe) 228 -0052
FAX (506) 228 -8943
1. Application plus three (3) copies;
2. Certified Abutters List plus three (3) copies;
3. Four (4) copies of prior Decision 040 -85;
4. Four (4) copies of Plan recorded at Plan File 16 -A;
5. Four (4) copies of Plan recorded at Plan Book 14, Page 11;
6. Four (4) copies of a mortgage plot plan dated
April , 1991;
7. Two 12) sets of mailing labels; and
8. Check in the amount of $200.00 for the filingfee.-
Please schedule this matter for hearing on May 17, 1991.
Very truly yours,
JAF /sdb
Enclosures
cc: Ms. Joanne M. Holdgate, Town Clerk
Mr. Stephen D. Hoss
BOA Form 1-89 NANTUCKET ZONING NBOARD BUILDING OF PEALBj Apr;l Date1991
NANTUCKET, MA 02554 CASE No._-_
APPLICATION FOR RELIEF
Owner's name(s): Cape
Mailing address: c/o Stephen D Hoss 44 Tobev Road w -rPh-
14A_02571
Applicant's name: same
Mailing address:
Location of lot: Assessor's map and parcel number 15-- 019
Street address: 49 Pleasant
Registry Land Ct Plan, Plan Bk & Pg or Plan File 16 -A Lot I _
Date lot acquired: 1V1WQZ Deed Ref2&&, -.W Zoning district R -1
Uses on lot - commercial: None x or
MCD7
- number of: dwellings x duplex_ apartments_ rental rooms_
Building date(s): all pre -8/727 yes or
Building Permit appl'n. Nos.
Case Nos. all BOA applications, lawsuits: No 040 -85
C of O ?_
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
139if2to aalterVor 139-30A if a
ormingsuse )alIfeappealaper113933A
�B _ , attach decision or order appealed. OK to attach addendum .
or by modification,or clarification of prior decision no. 040 -85.
See Addendum attached
Items enclosed as part of this Application: orderl addendum'_
Locus oor plans present proposedng pre ent approved?_)
Listings lot area xsrontage x ssetbacksx GCR x parking data_
Assessor - certifies addressee Iist 4 sets x majling labels 2 antsg
8200 fee payable to Town of Nantucket proof 'cap' covenant
1(If an appeal, ask Town Clerk to sen�ldg Comr s record to BOA.j
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of pferjur�yl.
Applicant Attorney/agent X
SIGNATURE:
3(If not/
ner or owner's attorney, enclose proof of authority)
FOR BOA OFFICE USE
Application copies reed: 4_ or_ for BOA on_J,_/_ by
One copy filed with Town Clerk one -J_ by complete ?_
One copy each to Planning Bd and Building Dept_J —J_ by
$200 fee check given Town Treasurer on
/ _/_ by waived?
Hearing notice posted _j_j_ mailed _j__/_ I & M_/_/_, _/_/._
Hearings) on_J_/_ cont'd to_/ _j_, __./ —J_ withdrawn ? _J_J_
Decision due by_J__/_ madeJ_/— filed TC__/__ mailed _j,J_
See related cases lawsuits other
ADDENDUM
Applicant seeks clarification or modification of prior
Board of Appeals Decision No. 040 -85 or in the alternative
Variance relief pursuant to Section 139 -32 for relief from the
Intensity Regulations, Section 139 -16 as to area, ground cover
ratio and side line set back requirements.
The 1985 Board of Appeals Decision granted variance relief
as to Lot 2 on and if not specifically then by implication
as to Lot 1.
At the time of the 1985 decision, the Applicants were the
owners of botIT lots, both lots were mentioned in the Decision, the
old plan showing the lots before division was referenced and the
parcel had not for Assessor's purposes been subdivided.
Therefore Applicants seek a modification or clarification of
the prior Decision or in the alternative, the variance relief re-
quested.
If variance relief is granted the Board can find that owing
to circumstances relating to shape or topography of the land and
structures and especially affecting such land or structures but not
affecting generally the zoning district in which it is located, a
literal enforcement of the provisions of this zoning by -law would
involve substantial hardship to the Applicant, and the desired re-
lief may be granted without substantial detriment to the public
good and without mullifying or substantially derogating from the
extent or purpose of such by -law.
o ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Mass. 02554
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held at
1:00 P.M., Friday, May 17, 1991, in the Town and County Building,
Broad Street, Nantucket, Massachusetts, on the Application of:
CAPE COD EXPRESS, INC.
Board of Appeals File No. 033 -91
Applicant is seeking a Clarification or Modification of the
Decision made in Board of Appeals File No. 040 -85, or, in the
alternative, a Variance under Section 139 -32 from the
requirements of Section 139 -16A (Intensity regulations) of the
Zoning Bylaw as to lot size, ground cover ratio, and sideline
setbacks to validate a lot created by subdivision of a lot in
1984. One of the two lots created (Lot 2) received a Variance in
1985, and the applicant now seeks a modification of that Decision
to include the subject premises (Lot 1), a clarification that the
Decision includes Lot 1, or a grant of a similar Variance for Lot
1.
The premises are located at 49 PLEASANT STREET, Assessor's
Map 55, parcel 19, as shown in Plan File 16A, Lot 1. The
property is zoned R -1.
141
Robert J. iWichter, Chairman
BOA Form
1-89
NANTUCKET ZONING BOARD OF APPEALS'
i
Aprjj &- LQOl
Date
TOWN AND COUNTY BUILDING
f
NANTUCKET, MA 02554 CASE NdJ�-t
APPLICATION FOR RELIEF
Owner's
name(s):
Cape Cod Exp
Mailing
address:
c/o Stephen D Hoss 44 Tobey R --' s:
-- -`-m MA 0271
Applicant's name:
same
Mailing
address:
Location of lot: Assessor's map and parcel number 5.5_- 019
Street address: 49 Pleasant_
Registry Land Ct Plan, Plan Bk & Pg or Plan File 16 -A Lot _1—
Date lot acquired: 11 19 87 Deed Ref2Bg,-2g7 Zoning district R -1
Uses on lot - commercial: None x or MCD ?_
o - number of: dwellings x duplex_ apartments_ rental rooms_
Building date(s): all pre -8/72? yes or C of 0?_
Building Permit appl'n. NOS.
Case Nos. all BOA applications, lawsuits: No 040 -85
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
139if2t alter variance,
or extendla9noncon ormingsuse )alIf Permit
appeal per
(and 1139 -31A
6 B _ , attach decision or order appealed. O, to attach addendum .
or by modification or clarification of prior decision no. 040 -85.
See Addendum attached
Items enclosed as part of this Application: orderl addendum2
Locus map x Site plan x showing present I` +planned structures
Floor plans present proposed elevations (HDC a4proved. _)
Listings lot area x---frontage x setbacksx GCR x parking data
Aggssessor- certifie3 addressee Tist 4 sets x mallng labels 2 sets
1 00 an appeal, ask Town of rkntocsend�ldg Comr s, record tonBoA.j
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 x
3(If no o ner or owner's attorney, enclose prr000)ff of authority)
FOR BOA OFFICE USE
Application copies rec d: 4 bl or for BOA onj//2-!� by
One copy filed with Town Clerk on bY1 complete ?_
One copy each to Planning Bd and Building Dept �,JF c by�
$200 fee check given Town Treasurer on�_// by C� waicv�e^d ?_q'
Hearing notice posted'_/ lmailed �3JQ(I & M��1-, z9
Hearing(s) on_/ _/_ cont'd tom _J_, _j_j_ withdrawn ? _J,J_
Decision due by _/_J_ made _/—J_ filed TC _j_/_ mailed _j_/_
See related cases lawsuits other
ADDENDUM
Applicant seeks clarification or modification of prior
Board of Appeals Decision No. 040 -85 or in the alternative
Variance relief pursuant to Section 139 -32 for relief from the
Intensity Regulations, Section 139 -16 as to area, ground cover
ratio and side line set back requirements.
The 1985 Board of Appeals Decision granted variance relief
as to Lot 2 on and if not specifically then by implication
as to Lot 1.
At the time of the 1985 decision, the Applicants were the
owners of boor lots, both lots were mentioned in the Decision, the
old plan showing the lots before division was referenced and the
parcel had not for Assessor's purposes been subdivided.
Therefore Applicants seek a modification or clarification of
the prior Decision or in the alternative, the variance relief re-
quested.
If variance relief is granted the Board can find that owing
to circumstances relating to shape or topography of the land and
structures and especially affecting such land or structures but not
affecting generally the zoning district in which it is located, a
literal enforcement of the provisions of this zoning by -law would
involve substantial hardship to the Applicant, and the desired re-
lief may be granted without substantial detriment to the public
good and without mullifying or substantially derogating from the
extent or purpose of such by -law.