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Home My WebLink About066-910406- 9/ BOARD OF APPEALS OF NANTUCKET TOWN OF NANTUCKET NANTUCKET, MA 02554 IN RE: THE APPLICATION OF of Nantucket File No. 066 -91 Map 41 Parcel 179.1 Pacific National Bank Upon the request of the Applicant(s) made (check one) prior to X after publication of notice of a public hearing on the above captioned application, we acknowledge as a matter of right and without prejudice (check one) X approve without prejudice approve, but with ,prejudice the withdrawl one) (check one) in full of the said application. of so much of the said application as Dated_ December//, 1991 mA 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, October 18, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: PACIFIC NATIONAL BANK OF NANTUCKET Board of Appeals File No. 066 -91 Applicant is seeking a Special Permit under §139- 16C(2) (Intensity regulations - Exceptions for yards) to validate the allegedly unintentional intrusion of a pre -1990 structure 0.5± feet into the required ten (10) foot front yard setback. In addition, Applicant seeks a Variance under §139 -32A from the requirements of §139 -16A (Intensity regulations - ground cover ratio) to validate the existing ground cover of 1,556± S.F, or 31.1 % ±; allowable ground cover in the district is 30 %, which would allow 1501 S.F. on this lot. The premises are located at 8 SARATOGA LANE, Assessor's Map 41, parcel 179.1, as shown in Plan Book 23, page 19, Lot 1. The property is zoned R -1. Robert J. Le4khter, Chairman 9/25/9 BoA Form 1 -89 NANTTOOWTANDNCOUNTY BOARD BUILDIN (iAPPEALS Date 1 NANTUCKET, MA 02554 CASE No.Q�&91 APPLICATION FOR RELIEF Owner's name(s) : Pacific Nationa Mailing address: c/o Reade & Alger Professional Corporation, 6 Youn 's W P st Office Box 2669, Nantucket, Massachusetts 02584 Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number _41_-_172 Street address: 8 Sarat a Lane Nant ck Registry Plan Bk & Pg °' r''° 23/19 Lot 1 Date lot acquired: Q9/2�./_1 Deed Ref 2.g /15h Zoning district R =1 Uses on lot - commercial: None x or MCD? No - number of: dwellings 1 duplex 0 apartments 0 rental rooms Building date(s): all pre -8/72? No or C of O? No Building Permit appl'n. Nos. 4801 -86 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 x if Variance, 139 -30A x if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3�A ', attach decision or order appealed. OK to attach addendum . See addendum attached hereto. Items enclosed as part of this Application: orderl N/A addendum2 -,,_ Locus map x Site plan showing present x +planned N1A structures Floor plans present_ proposed_Np_ elevations No (HDC approved ?Yggs) Listings lot area x frontage setbacks_ GCR x parking data _ Assessor- certifie —aaddressee 1st 4 sets x ma�ling labels 2 setsx 200 fee payable to Town of Nantucket proof _Wg'cap' covenant�p (If an appeal, ask Town Clerk to send Bldg Comr's 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 /tfge4t't x -Sarah F. Al g Attorney 3(If not owner or owner's attorney, enclose proof of authority) FOR ,7A OFFICE USE '� Application copies recd: 4._ or for BOA on�,_/�bY One copy filed with Town Clerk on�!� by pL /complete ?_ One copy each to Planning Bd and Building Dept -&�� by..� �11p1 i� -w $200 fee check given Town Treasurer on / 7 by waived? Q hearing notice poste _Zq mailed1j0; I & Hearing(s) on_/ _/_ cont'd to_/_-/_, ._/ _l._ withdrawn ?__/,—/_ Decision due bye _/_ made__f--J_ filed TC_/_/_ mailed_/_/_ See related cases lawsuits other Addendum Pacific National Bank of Nantucket Board of Appeals File No. -91 The Applicant is a national banking corporation, which made a mortgage loan to the prior owner of the locus. After granting the mortgage to the Applicant, the prior owner constructed (although never completed to the point of obtaining a certificate of occupancy for) a single - family dwelling upon the locus. Subsequently, the prior owner defaulted under the mortgage, and the Applicant brought foreclosure proceedings on its mortgage. The foreclosure sale was conducted on July 31, 1991, and the Applicant ended up purchasing the locus at the sale. The Applicant has determined that the locus, as improved by the prior owner, does not comply with the requirements of the Nantucket Zoning By -law in two respects. First, the dwelling at one point is set back about 9.5 feet from Saratoga Lane. The front yard setback in a Residential -1 zoning district is 10 feet. Second, the existing ground cover ratio of the dwelling, as constructed by the prior owner, is about 31.1 %. The maximum permitted ground cover ratio in this zone is 30 %. Accordingly, the Applicant seeks a special permit under Code Section 139- 16.C.(2) (Intensity Regulations - Exceptions for yards) to validate the unintentional setback intrusion. The unintentional intrusion was created prior to 1990, is not greater than 5 feet into a required yard, is not closer than 4 feet from a lot line, and because the intrusion of only about 0.5 feet is de minimus and only exists as to a small portion of the front of the dwelling, the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion. The Applicant also seeks a variance under Code Section 139 -32.A. (Variances) to validate the ground cover ratio of 31.1 %. Owing to circumstances, not under the control of the Applicant, relating to the shape of the dwelling and especially affecting this structure, but not affecting generally the zoning district in which the locus is situated, a literal enforcement of provisions of the by -law would involve substantial hardship to the Applicant, particularly since the Applicant had no control over the construction of the dwelling, and the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By -law. NOTICE A public hearing of the BOARD OF APPEALS will be held on FRIDAY, OCTOBER 18, 1991 at 1:00 P.M. in the TOWN and COUNTY BUILDING, FEDERAL and BROAD STREETS, NANTUCKET, on the Application of PACIFIC NATIONAL BANK of NANTUCKET ( -91), seeking a special permit under Nantucket Code Section 139- 16.C.(2) (Intensity Regulations - Exceptions for yards) to validate the unintentional front yard setback intrusion of the existing single - family dwelling of about 0.5 feet and a variance under Nantucket Code Section 139 -32.A. (Variances) to validate the ground cover ratio of 31% (30% permitted) of said existing dwelling. The premises are located at 8 SARATOGA LANE, NANTUCKET, (Assessor's Map 41- 179.1), Lot 1, Plan Book 23, Page 19, and are zoned RESIDENTIAL -1. Robert J. Leichter, Chairman BOARD OF APPEALS