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Home My WebLink About052-91eD ewv Q MIA I. J tLY" '1 9.1 ZONING BOARD OV APPEALS Sough Beach Street Nantucket, Mass. 02554 A Public Hearing of the BOARD OF APPEALS will be held at 1:00 P.M., Friday, July 26, 1991, in the Town and County Building, B-r-oac! Street, Nantucket -, liassachusetts, on thc2 Application of: HOWARD MMARTI.N and BARBARA MART111 Boa-:d of Appeals File No. 052-91 Applicant is seeking an Appeal of a Decision of they Building Commissioner, dated June 13, 1.991, which DENIED his application for the Building Permit to construct an addition to his house. In the alternative, Applicant is seeking a Special Permit under §139- 16C(2) pursuant to §139- -30A of the Bylaw to validate an exi.!sti.nq setback encroachment oa_ less than f.ivc- (5) feet and not closer than four_ (4) feet to the lot line, said to be unintent --i_onai-. Tile setback required is 5 feet; the addition is 4.01_ -k feed at its closest to the sideline and was sited before 1991. In addition, Applicani: is seeking Special Perr:iit:s under. §139 -33A to alter_ or exi:end allegedly pre - existing nonconforrvi.ng tructur_es. The structure on which the addition has already been addod is; a secondary dc,rellinq said to be nonconforming as to side yard set -back and set,aration from the pri-:nary dwelling on the lot. `.L'he primary dwelling is said to be nonconforming a:� to side and :cear yard s> ?tbacks and separation from the secondary ci;aelli -ng on the lot. `l'he proposed ad.di -- -on will not inc,_ease -i hn nonconforming nature of the structure nor further encroach on ta_ setbacks. The property is located a 2 BACK STREET, Assossor's Map 55, parcel 359, azs shown in Plan Book 15, Pi l.c � l e 34, Lot A, and iU Zoned R -1. I <<be %t J. Lei.clzi.Sr, Chai7t:��tii BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS June 14,91 TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE xo .05 Z GI APPLICATIO FOR RELIEF Owner's nano (s): Howard & Barbara Martin Mailing address: 230 Signal Hill Rd N Wilton, Ct 06897 Applicant's name: Howard Martin -i Mailing address: Location of lot: Assessor's map and parcel number 55- 359 Street address: Registry Land Ct Plan, Plan Bk & Pg or Plan File _15 / 34 Lot A Date lot acquired: -.!/L/81 Deed Ref 184 10 Zoning district n -1 Uses on lot - commercial: None JL- or MCD? - number of: dwellings 2 duplex_ apartments_ rental rooms Building date(s): all pre -8/72? or C of 0? no Building Permit appl'n. Nos. 2389 -82 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 X if to alter or extend a nonconf _ , attach decision or order use). If appeal per 139 -3JA & B der appealed. OK to attach addendum . See Attached Items enclosed as part of this Application: orderl addendum2 Locus map_ Site plan T showing present +p1anne "structures Floor plans present proposed_ elevations (HDC Vproved ?_) Listings lot area frontage setbacks GCR parking data Assessor- certifie3 addressee Fist 4 sets — ma'liog labels 2 sets 1200 fee payable to Town of Nantucket proof 'cap' covenant — (If an appeal, ask Town Clerk to send Bldg Comr 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`WZ 1 SIGNATURE: ��C =� Applicant pp X Attorney /agent 3(I? not owner or owner's attorney, enclose proof of authority) , FOR BoA OFFICE USE- Application copies reed: 4 or a�f(Qor BoA on__;L/y�� by One copy filed with Town Clerk on � f complete? One copy each to Planning Bd and Building Dept� by $200 fee check given Town Treasurer on--�/_�Jj( by) waived ? Hearing notice posted�Z mailed 12 I & M -21L�92 , -21XV Hearings) onT/`/_ cont'd to^/`/ �/_/� withdrawn ?� _/_ Decision due by _/_/_ made�f_/� filed TC�_/_ mailed_,/_/_ See related cases lawsuits other leed B/uGG ,Tu /y 7, 199/ ADDENDUM A Application of Howard Martin Applicant is seeking an Appeal of a Decision of the Building Commissioner, dated June 18, 1991, which DENIED his application for the Building Permit to construct an addition to his house. In the alternative, Applicant is seeking a Special Permit under §139- 16C(2) pursuant to §139 -30A of the Bylaw to validate an existing setback encroachment of less than five (5) feet and not closer than four (4) feet to the lot line, said to be unintentional. The setback required is 5 feet; the addition is 4.01+ feet at its closest to the sideline and was sited before 1991. In addition, Applicant is seeking Special Permits under §139 -33A to alter or extend allegedly pre- existing nonconforming structures. The structure on which the addition has already been added is a secondary dwelling said to be nonconforming as to side yard setback and separation from the primary dwelling on the lot. The primary dwelling is said to be nonconforming as to side and rear yard setbacks and separation from the secondary dwelling on the lot. The proposed addition will not increase the nonconforming nature of the structure nor further encroach on the setbacks. The property is located a 2 BACK STREET, Assessor's Map 55, parcel 359, as shown in Plan Book 15, page 34, Lot A, and is zoned R -1. Howard Martin 230 Signal St. Wilton ,Ct. 06897 BUILDING DEPARTMENT Dear Mr. Martin TOWN BUILDING ANNEX 10 SOUTH BEACH STREET NANTUCKET, MASSACHUSETTS 02554 Ronald J. Santos Telephone 508- 228 -7222 Building Commissioner Tele Fax 508- 228 -7249 June 18,1991 Your application for a building permit to construct an addit ion on 2 Back St (map -55 parcel- 359)has been reviewed and for the following reason DENIED. The application does not meet the standards of 139 -16 Set -Backs of the Zoning code of Nantucket. Please be advised that you may appeal this decision under section 139 -31 Nantucket zoning code. Yours trul �,� • .!' Building Commissioner Town of Nantucket TOWN OF NANTUCKET ZONING BOARD OF APPEALS Nantucket, Mass. 02554 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 052 -91 Owner /Applicant: HOWARD MARTIN and BARBARA MARTIN 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 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing a Complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the Complaint and a certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20),,d-a-ys n Date: cc: Town Clerk Planning Board Building Commissioner ert/d: Leichter, Chairman ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 Map 55 -0 -0 2 Back Street Parcel 359 180/10 R -1 At a Public Hearing of the BOARD OF APPEALS held at 1:00 P.M., Friday, August 23, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of HOWARD MARTIN and BARBARA MARTIN, of 230 Signal Hill Road, North Wilton, Connecticut 06897, Board of Appeals File No. 052 -91, the Board made the following DECISION: 1. Applicant is seeking an Appeal of a Decision of the Building Commissioner, dated June 18, 1991, which DENIED his application for the Building Permit to construct an addition to his house. In the alternative, Applicant is seeking a Special Permit under §139- 16C(2) pursuant to §139 -30A of the Bylaw to validate an existing setback encroachment of less than five (5) feet and not closer than four (4) feet to the lot line, said to be unintentional. The setback required is 5 feet; the addition is 4.01+ feet at its closest to the sideline and was sited before 1991. In addition, Applicant is seeking Special Permits under §139 -33A to alter or extend allegedly pre- existing nonconforming structures. The structure on which the addition has already been added is a secondary dwelling said to be nonconforming as to side yard setback and separation from the primary dwelling on the lot. The primary dwelling is said to be nonconforming as to side and rear yard setbacks and separation from the secondary dwelling on the lot. The proposed addition on the primary dwelling will not increase the nonconforming nature of the structure nor further encroach on the setbacks. The property is located a 2 BACK STREET, Assessor's Map 55, parcel 359, as shown in Plan Book 15, page 34, Lot A, and is zoned R -1. 2. The Board's Decision is based upon the Application and materials filed therewith, the testimony and evidence presented at the hearings held July 26 and August 23, 1991, and a favorable recommendation from the Planning Board. 3. Applicant applied for a Building Permit for an addition on the primary dwelling on the lot, and the Building Commissioner denied the application on June 18, 1991, because the application did not meet the standards of §139 -16 setbacks of the Zoning Bylaw. This Appeal was filed on July 5, 1991, with the Town Clerk. 4. Applicant presented evidence that both structures on the lot were in existence in their present locations prior to the adoption of zoning and that the addition to the secondary dwelling was constructed approximately ten (10) years ago in Application No. 052 -91 Decision accordance with the plans submitted to the Building Department, but that he did not obtain a Certificate of Occupancy at the completion of the work, and that the setback of the existing structure had been determined from a 1925 survey which had, subsequent to the construction, proven to be inaccurate, and the most recent survey, done to obtain a Certificate of Occupancy for the previously completed work on the secondary dwelling, showed the setback encroachment. 5. Applicant explained his plans for an addition to the primary dwelling on the lot, which would not increase the nonconforming nature of the structure nor further encroach on the side yard setback than the existing structure nor further reduce the nonconforming distance between the primary and secondary structures on the lot, as shown on the plans appended hereto as EXHIBIT A. 6. The Board finds that the burden of correcting the side yard setback intrusion caused by the addition to the secondary dwelling would substantially outweigh any benefit to an abutter of eliminating the intrusion. 7. By unanimous vote (Williams, Balas, Beale, O'Mara and Mitchell in favor) the Board DENIES the Appeal and does not reverse the Decision of the Building Commissioner and GRANTS the relief requested by the Applicant under §139- 16C(2) and validates the setback intrusion of that structure to not less than four (4) feet from the side lot line and GRANTS the relief requested under §139 -33A to allow alteration or expansion of the pre- existing, nonconforming primary dwelling substantially in accordance with the plans submitted upon the following condition: A. There shall be no further building within the setback encroached upon by the secondary dwelling without further relief from this Board. Date: /try D l C?g/ Linda F. Williams Ann Bal C. Ma shall Bea e Micha 1 'Mara Kate Mitc ell 2 ��