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HomeMy WebLinkAbout033-91o -3-3- C=?/ 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. 1- FWIIIMI1 10'e1ve'l AW y ao/ X99/ /4eow%.Avof- If4ke 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.