The URL can be used to link to this page

Home My WebLink About048-91c7) 4,10 -- �t ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 October 28, 1991 To: All Parties in Interest in the Application of PIVOTAL CAPITAL GROUP, Board of Appeals File No. 048 -91 From: Linda F. Williams, Vice Chairman Zoning Board of Appeals Subj: Correction The Plan appended to the Decision as filed was not the Plan which was supposed to have been appended, but was the original subdivision plan by Michael S. Bachman, dated October 20, 1981, and endorsed by the Planning Board on December 17, 1981. The Plan, appended hereto, is the Plan which was supposed to have been appended to the Decision, and is the Plan prepared by Hart - Blackwell & Associates, dated September 12, 1988, showing the addition as constructed. 4 A N Linda F. Williams, Vice Chairifian �POF? AZE�*' TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August 23 , 19 91 To: Parties in interest and. Others concerned with the Decision of the BOARD OF APPEALS in the ypplication of the following: PnDlication No.: 048 -91 Owner /P.pplicant• PIVOTAL CAPITAL GROUP Enclosed is the Decision of the BOARD 0-' :.: ?D .LS v.h_ch has this day been filed in the office of the Nantucket 70-t n Clerk. An Pp_eal from this Decision may be taken pursuant to Section 17 of Chapter 40? � '.`:- ssachusetts Ger.=ral L _i:_. _'_'.Y cam`'_^ 1 p� Baling _:e Decision %tl:St be ( :'_ CiiC_` ^. ^.1� i illiig �1 - -"r - �'.� =� - �itn_3? mom•_ _• =. `r (20) -z_ __t-...Z this day's date. Notice of the action with a copy of the com,,DI=_ =-:t and certified copy of the Decision rust .e given to t.. i4 Cl-pr!- � � G J . to ze received (20) Ca:'s. cc: Town Clerk Planning Board Building Commissioner TOWN OF NANTUCKET BOARD OF APPEALS Decision: At a public hearing held on July 26, 1.991, at 1:00 P.M. , at the Town and County Building, Federal and Broad Streets, Nantucket, the Board of Appeals made the following decision upon the application of PIVOTAL CAPITAL GROUP (048 -91): 1. This is an Appeal brought under Nantucket Zoning By -law §139 -31, from a decision of the Building Commissioner dated June 17, 1991, denying the applicant's request for a building permit for an addition to an existing structure. In the alternative, the applicant requests a Special Permit under §139- 16.C(1) and §139 -30.A, to reduce the required side and rear yard setback from ten feet to five feet to the extent necessary to validate the siting of the existing structure. The subject property (the "Locus ") is situated at 4 MEETING HOUSE LANE, SIASCONSET (Assessor's Parcel 49- 74.2), is shown as Lot 2A on plan recorded with Nantucket Deeds in Plan Book 24, Page 90, and is zoned as RESIDENTIAL -2. 2. Prior to rezoning to the present Residential -2 district by the April 4, 1984 Town Meeting, the Locus was situated in the Residential -1 zoning district. A plan by Michael S. Bachman, R.L.S., dated October 20, 1981, and endorsed as approved under the Subdivision Control Law by the Nantucket Planning Board on December 17, 1981, divided the tract of land which included the Locus into seven lots and Meeting House Lane. One of these lots (Lot 2) included an existing dwelling, shown upon the 1981 plan, which appeared to conform to dimensional requirements then applicable under Residential -1 zoning. By virtue of the "approval- required" endorsement of this plan, all of the land shown upon it was given the benefit of the "zoning freeze under Massachusetts General Laws, c. 40A, §6 (fifth paragraph) and under Nantucket Zoning By -law §139 -33.G (and predecessor provisions of the By -law) for a period of eight years commencing upon the date of endorsement of the plan; that is, the period from December 17, 1981, to December 17, 1989. This plan is recorded with Nantucket Deeds in Plan File 10 -E. 3. At some time between December 17, 1981, and September 12, 1988, a previous owner constructed an addition to the aforesaid dwelling, and we are informed by the applicant that it has been unable to find any record of a building permit for this addition and in fact believes that the addition was erected without a building permit. This addition was constructed so as to encroach upon the boundary line between Lot 2 and Lot 3, and upon the five -foot side and rear yard setbacks required to be maintained within Lot 2 from the boundaries with Lots 1 and 3. Accordingly, it appears that a boundary line adjustment was effectuated in order to achieve conformity with setback requirements and eliminate the encroachment; the plan showing the revised boundaries, and designating the Locus as Lot 2 -A, was prepared by Hart - Blackwell & Associates, dated September 12, 1988, and was endorsed by the Planning Board as "approval -not- required" on September 15, 1988. It was recorded with Nantucket Deeds in Plan Book 24, Page 90. Land conveyances to effectuate the revised boundaries as shown on the 1988 plan were recorded prior to the expiration of the "freeze" period on December 17, 1989. 4. We are informed that the Locus has been through several subsequent conveyances, including a mortgage foreclosure sale. In connection with a presently - pending sale of the Locus, the addition to the structure on the Locus, evident from a comparison of the two recorded plans as reference herein, was noted by counsel, and investigation of the status of permitting for this addition revealed the absence of any record thereof at the Building Department. The present owner applied in 1991 for a building permit for the already - existing addition, in order to regularize its status under all applicable legal requirements, and this application was denied by the Building Commissioner on the basis that the contemplated work would not comply with intensity regulations under the Nantucket Zoning By -law. 5. It is our view that the Building Commissioner was correct in denying this application, because at the time it was submitted the addition as constructed did not comply with the required ten -foot side and rear yard setbacks for the Residential -2 zoning district, which had become applicable to the Locus on December 17, 1989; as shown on the 1988 plan, the addition is as close as 5.1 feet from the boundary with Lot 1 -A and 5.2 feet from the boundary with Lot 3 -A. In the light of our decision on the issuance of a Special Permit as set forth below, the applicant withdrew its Appeal from the action of the Building Commissioner during our public hearing. 6. In the Residential -2 zoning district, Nantucket Zoning By -law §139- 16.C(1) authorizes the Board of Appeals to grant Special Permit relief to reduce the required ten -foot side and rear yard setbacks in the Residential -2 district to five feet. In this case, it is clear that the addition was constructed, and the lot lines were charged to their present configuration, while the prior Residential -1 zoning, to which they would conform, was in effect. In other words, if the addition in question had been duly applied for with the appropriate building permit application, at the time when it was built, it would have been able to maintain five -foot side and rear setbacks as a matter of right. The addition has existed for several years, without apparent controversy; the only public comment at our public hearing was a favorable statement by an abutter, the owner of Lot 1 -A. 7. Based upon the foregoing facts and circumstances, we find that the reduction of the required ten -foot side and rear yard setback to five feet upon the Locus, to the extent necessary to confirm the present siting of the dwelling and addition no %: existing physically upon the Locus, is in harmony with the general purpose and intent of the Nantucket Zoning By -law. 8. The relief hereby granted is subject to the condition that the "footprint" of the structure upon the Locus shall not be expanded, nor shall any other structures be constructed upon the Locus, in the absence of further relief granted by this Board and expressly authorizing such expansion or construction. 9. Accordingly, based upon our findings herein and subject to the foregoing condition, the board grants relief to the applicant by Special Permit as aforesaid, validating the siting of the structure upon the Locus, by a UNANIMOUS vote. Dated: rJJ"V 1991 441 ek ( }, „,411 '2 /nT.QAn7n 1 C. Marshall Beal a e W. Waine Linda F. Will Tams Ann G. Balas _Q ,r?�.q OF DATE : JULY_ 12 r_._ 19 91 _% UT 26, 19 91'. South lericl1 Street N and :ucket, Ha��;s. 02554 A p?�_tbl. _c hearing of the 130A.W) O�' APPEALS will be held at 1.:00 P.Af., Friday, July 26, 1991, in the Town and County Broad i r� =et., Nantucket, x °Tassach? -isett ;, on i:he ApI)1_ i.c.atioll of. PJ_r70'_1_T l', Cil,111TAL GROUP Board of Appeals ! ile No. 048 -91 Applicant is seeking an Appeal under §1.39--31 fro -m a of the Building Commissioner, dated June 17, 1.991, denying Appli_canc's request for a Isuildi.ng Permit for an addition. In the alternative, Applicant seeks a Special Permit pursuant to §139--16C(1) ilnder §139 --30A to validate the siting of thc, addition on the not.thwest corner of a structure said -to pre - -date zoning. The required -otback is ten (10) feet; the existing side and rear setback of the addition is 5.1+ feet. The premises are located at 4 MEETINGHOUSE LANE, SIASCONSET, Assessor's Map 49, parcel 74.2, as shown in Plan Book 24, page 90, lot 2 -A. The property is zoned R -2. Robert J. Lei hter, Chairman BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 CASE No. " -� APPLIC TION FOR RELIEF owner's name(s): Pivotal Capital Group c/o Reade & ge Mailing address: 6 Young's Way, Post Office Box 2669, Nantucket, Mass. 02584 Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number 49 - 0742 Street address: 4 Meetin house Lane, Siasconset, Massachusetts , Plan Bk & Pg ep ^' a" pd' e 24, 90 Lot 2A 334 172 Zoning district R -2 Date lot acquired: 2� 89 Deed Ref 334 g Uses on lot - commercial: None X or MCD? No - number of: dwellings 1 duplex_ apartments_ rental rooms_ Building date(s): all pre -8/72? No or C of O ?No Building Permit appl'n. Nos. Case Nos. all BOA applications, lawsuits: 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 X if a Special Permit (and 139-33A if to alter or extend a noncon.orming use). If appeal per 139 -31A & B _X attach decision or order appealed. OK to attach addendum . Applicant seeks to appeal the decision of the Building Commissioner denying applicant's request for a building permit for an addition. In the alternative, applicant seeks a Special Permit pursuant to By -law Section 139- 16.C.(1) to validate the siting of the addition; required side and rear yard setbac% is 10 feet; existing side and rear yard setback is 5.1 feet. Items enclosed as part of this Application: orderl addendum2 showing X +planned structures Locus maps_ Site plan x present Floor plans present proposed— elevations (HDC approved ?_) Listings lot area frontage setbacks GCR parking data _ Assessor - certified addressee ist 4 sets x mailing labels 2 sets X 5g200 fee payable to Town of Nantucket x proof 'cap' covenant_ Bldg Comers record to BOA.) 1(If an appeal, ask Town Clerk to send I certify that the requested information submitted is substantially complete and rue to the b St of my knowledge, under the pains and penalties of r ury. n SIGNATURE: � tik-C= �`��^� �'— Attorney /agent X /1 /�� f authority) 3(If not owner or owners attorn y, enclose proof o Y (/ FOR BB OFFICE USE / Application copies ree d: 4�! or for BoA on _/_ by l• One copy filed with Town Clerk on " i � by complete? v One copy each to Planning Bd and Building Dept' `� J�,/ by $200 fee check given Town Treasurer n G/ /nYC�J�� waived? Hearing notice poster�� mailed 7 �I & M_J__ Hearing(s) one___/_ cont'd to!/--J_, withdrawn ?___j/_/_ Decision due by__/__/_ made_/^ filed TC,_/_/_. mailed_,_/_ See related cases lawsuits other �/y r i99r BUILDING DEPARTMENT ,�• `- -sue „ TOWN BUILDING} ANNEX s� 10 SOUTH BEACH STREET ~;� "y�� o��.�•'�� NANTUCKET. MASSACHUSETTS 02554 INN11N Pivotal Capitol Group John Jackson Trustee 4 Meeting House Ln. Nantucket Mass. 02564 Dear Mr.Jaokson: Telephone 308.228_7222 Tek Fax 308- 228_7249 June 17,1991 Ronald J. Santo, Building Commissioner Your application for a Building Permit for an addition to your structure (map 49 - Paroal 74.2 to be in compliance with Chapter 139- 16Ah(Intensiteviewed and found not Zoning Code and is hereby DENIED. Y)of the Nantucket section 139 -31A Zoning Code of N antYck may appeal this deoission under uoket. Yours Truly Builds Commissioner Town of Nantucket cc Norman Chalski Box 415 Nantucket Mass-02554