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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: June ,,2Q , 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.: 037 -91
Owner /Applicant:
Charles Patrick Fox
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the ?Nantucket Town
Clerk.
An Appeal from this Decision may be taken pursuant to
Section 17 of Chapter ^OA, :`iassachusetts General Laws.
Any action appealing the Decision must be brought by
filing :ig an complaint i n CQL2rt �+ithi n TWENTY ( 20 ) days of ter
this day's date. Notice of the action with a copy of the
complaint. and certified copy of the Decision rust be given
to the Town Clerk so as to he received Within such TOV -7NITY
(20) days.
r
C
R, bert J. Le' hter,Chairman
cc: Town Clerk
Planning Board
Building Commissioner
ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Mass. 02554
Map 49 -3 -2 14 Sconset Avenue
Parcel 24
R -2
At a Public Hearing of the BOARD OF APPEALS held at 1:00
P.M., Friday, June 14, 1991, in the Town and County Building,
Broad Street, Nantucket, Massachusetts, on the Application of
CHARLES PATRICK FOX, of 225 West 106th Street, New York, N. Y.
10025, Board of Appeals File No. 037 -91, the Board made the
following DECISION:
1. Applicant is seeking a Special Permit under Section 139 -
16C(2) of the Zoning Bylaw to validate an unintentional front
yard setback intrusion of less than five (5) feet into the
required thirty (30) foot setback from Sconset Avenue resulting
from the construction of a four (4) foot wide deck on that side
of the structure. The building was constructed in 1989 and
received a Certificate of Occupancy. The premises are located at
14 SCONSET AVENUE, Assessor's Map 49.3.2, parcel 24, as shown on
Land Court Plan 41,016A, Lot 1. The property is zoned R -2.
2. Our decision is based upon the application and documents
filed therewith, the testimony and evidence presented at the
hearing, letters in support of the application from abutters, no
letters or testimony in opposition, and a favorable
recommendation from the Planning Board.
3. The Applicant presented evidence that the plot plan
submitted to the Building Department, upon which issuance of the
Certificate of Occupancy was based, was, in turn, based upon a
mortgage plot plan done before the deck was constructed and
showed no zoning violation, and the applicant was assured by his
builder that the building would comply fully with all applicable
zoning requirements when constructed according to the plans
originally submitted to obtain the Building Permit, which showed
the deck.
4. At the time the Certificate of Occupancy was issued,
structures were required to meet the front yard setback
requirement from one street only, and the building does meet that
distance on one side.
5. The building was sited by the contractor in the present
location in order to align with other structures on the same
street.
6. The Board finds that the intrusion in to the setback was
unintentional, is not greater than five (5) feet nor closer than
four (4) feet from a lot line, and that the burden of correcting
the intrusion substantially outweighs any benefit to an abutter
of eliminating the intrusion.
7. The Board, by unanimous vote, GRANTS the Special Permit
requested under §139- 16C(2) of the Zoning Bylaw to validate the
setback intrusion up to three (3) feet into the required setback
from Sconset Avenue with the following condition:
A. no further building shall be permitt within the
setback without modifica 'o o th' pecial Permit.
Date:-
ober Leichter
l
Iffinda F. Williams
Ann Balas
C. Marshall Beale
*J-4
Ka e Mitc ell
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, June 14, 1991, in the Town and County
Building, Broad Street, Nantucket, Massachusetts, on the
Application of:
CHARLES PATRICK FOX
Board of Appeals File No. 037 -91
Applicant is seeking a Special Permit under Section 139 -
16C(2) of the Zoning Bylaw to validate an unintentional front
yard setback intrusion of less than five (5) feet into the
required thirty (30) foot setback from Sconset Avenue resulting
from the construction of a four (4) foot wide deck on that side
of the structure. The building was constructed in 1989 and
received a Certificate of Occupancy.
The premises are located at 14 SCONSET AVENUE, Assessor's
Map 49.3.2, parcel 24, as shown on Land Court Plan 41,016A, Lot
1. The property is zoned R -2.
c
obert J. Leldhter, Chairman
BeA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS May 9, 1991
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554
CASE N00�?
APPLICATION FOR RELIEF
Owner's name(s): Charles Patrick Fex
Mailing address: 225 West 106th Street, Apt. #16 -L
Applicant's name: Same
Mailing address: Same
Location of lot: Assessor's map and parcel - number - 49.3.2. - 24
Street address:
14 Sconset Ave., Siasconset
Registry Land Ct Plan, P�1- a--- �g-�1--'� 4ioi6A Lot 1
Cert. No. 12,701 R -2
Date lot acquired: ��_ Deed Ref _, Zoning district
Uses on lot - commercial: None X or
MCD?
- number of: dwellings duplex apartments rental rooms
Building date(s): all pre -8/72?
Building Permit appl'n. Nos.
Dec. 18 87
Case Nos. all BoA applications, lawsuits: 0
C of 0 ?fly 1989
#5808 -89
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 I3oA 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 -3JA
attach decision or order appealed. OK to attach addendum .
See Addendum
Items enclosed as part of this Application: orderl addendum2 X
Locus map Site plan X showing present +planned 'structures
Floor plans present proposed elevations (HDC approved ?_) 18,804
Listings lot area frontage setbacks GCR parking data 8/10/88
Assessor - certified addressee IlEt 4 sets majling labels 2 sets_
200 fee payable to Town of Nantucket X proof 'cap' covenant
(If an appeal, ask Town Clerk to scnJ---E3ldg ComrTs record to BoA.)
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
3(If not owner or owner's attorney, enclose proof of authority)
FOR BoA OFFICE USE ' /'�� , ^� a,
ADDENDUM
1991
To: Nantucket Zoning Aoard of Appeals
From: Charles P. Fox
14 Sconset Ave
Siasconset, MA.
Subj: Application for Special Permit
1. Although my house at 14 Sconset Avenue was granted a C of O
in July of 1989, it has recently become apparent to me that the
house intrudes 2.4 feet into the R -2 required 30 foot setback,
and I wish to secure a Special Permit, if possible, to reduce
said 30 foot setback distance by 2.4 feet in order to validate
this unintentional setback intrusion.(Nantucket Zoning Code, Sec.
139- 16(C)2.)
2. When the surveyor drew up the as built plot plan in late
1988, the four foot deck on the front of the house contemplated
by the house plans had not yet been constructed. Although the
house itself was set back 31.6 feet from the front line, the
eventual construction of the four foot deck caused the intrusion.
The builder told the owner that the HDC had urged him to site the
house in such a way as to match the other house setbacks on
Sconset Avenue and that that had made it closer to the thirty
feet setback than he would have preferred. Nevertheless, he
assured the owner that there was no problem with the setback,
that his measurements had been accurate, and that the C of O
would be obtained. It was; and only recently has the owner
become fully aware of the problem.
3. In the owner's opinion, there would only be two other
possible ways to correct the intrusion: (1) to destroy the deck
and uproot the plantings in front of it, and erect a 1.4 foot
deep stair to the front door, or (2) to destroy the deck and
uproot plantings, put a window where the front door is now
located and move the door around from its western orientation to
a southern one. with a new stairway coming up to the door from
said southern side. In the owner's opinion, neither solution
would be suitable, partly because of the financial requirements
that would be involved, but mainly because of the inappropriate
(to both owner and, it is felt, to abutters) final appearance --
unbalanced, cut off and unfinished looking -- of the housefront
that would result.
4. It is felt that the burden of correcting the intrusion
substantially outweighs any benefit to an abutter of eliminating
the intrusion, and the owner respectfully requests relief in the
form of a Special Permit.
5. The premises are located at 14 Sconset Avenue, Siasconset,
Assessor's Map and Parcel number 49.3.2 -24, and is zoned
Residential 2.