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ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Mass. 02554
November 27, 1991
CERTIFICATE OF GRANTING OF FINDING
(Massachusetts General Laws, Chapter 40A, Section 11)
The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby
certifies that a FINDING has been GRANTED To:
(Owner /Applicant) ROBERT M. BURTON
Address: 55 East -on Street, Nanf-- uoket, Mass. 02554
affecting the rights of the Owner /Applicant with respect to the
land or building at: 55 Easton Street, Nantucket, Mass.
Deed Reference: Book 320, page 219
And the BOARD OF APPEALS further certifies that the attached
Decision is a true and correct copy of its Decision GRANTING the
FINDING, VARIANCE and /or SPECIAL PERMIT and that copies of the
Decision and of all plans referred to in the Decision have been
filed with the Planning Board and the Town Clerk.
The BOARD OF APPEALS calls to the attention of the
Owner /Applicant that the General Laws, Chapter 40A, Section 11
(last paragraph) provides that no VARIANCE and /or SPECIAL PERMIT,
or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take
effect until (a) a copy of the Decision is certified by the Town
Clerk that TWENTY (20) days have elapsed after the Decision has
been filed in the office of the Town Clerk and no appeal has been
filed (or, if such an appeal has been filed, that it has been
dismissed or denied) and (b) the certified copy is recorded in
the Registry of Deeds for the County of Nantucket and indexed in
the grantor index under the name of the Owner of Record or is
recorded-and noted on the Owner's Certificate of Title. The fee
for such recorPing or registering shall be paid by the
wn r /App1ic, .
%non Advta_
ichter, chairman Ann Balas, Clerk
ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Mass. 02554
Map 42.4.1 55 Easton Street
Parcel 86 14/47
R -1
At a Public Hearing of the ZONING BOARD OF APPEALS held at
1:00 P.M., Friday, November 15, 1991, in the Town and County
Building, Broad Street, Nantucket, Massachusetts, on the
Application of ROBERT M. BURTON, of 55 Easton Street, Nantucket,
Mass. 02554, Board of Appeals+File No. 070 -91, the Board made the
following DECISION:
1. Applicant is seeking an Appeal and reversal under §139 -31A
of the Zoning Bylaw of the Decisions of the Building Commissioner
dated October 4, 1991, received by Applicant on said date, a copy
of which is appended hereto, denying his request for a
Certificate of Occupancy for an addition to his house performed
under Building Permit #2520 -82 and denying his request for a
Building Permit to repair a porch on the dwelling. In addition
and /or in the alternative, Applicant requests relief by Special
Permit under §139 -33A to allow alteration or extension of a
structure said to be pre- existing and nonconforming as to rear
setback by removing two (2) sheds and constructing a garage and
validate the siting of the garage, or, in the alternative, relief
by Variance under §139 -32A from the requirements of §139 -16A
(Intensity regulations - rear setback) to validate the siting of
the garage as constructed. The sheds were within 2.8± feet of
the rear lot line; 5 feet are required in the district. The
garage, constructed under Building Permit #2520 -82, is 2.28± feet
of the rear lot line. The premises are located at 55 EASTON
STREET, Assessor's Map 42.4.1, parcel 86, as shown in Plan Book
14, page 47. The property is zoned R -1.
2. The Board's Decision is based upon the Application and
materials submitted therewith, the testimony and evidence
presented at the Hearing, and no recommendation from the Planning
Board.
3. Applicant stated that the situation originated when he made
a change to his property in 1982. The work was to remove two
small sheds at the rear of his building and replace them with a
garage, which would extend to the east along the same rear line
as the sheds. On the Building Permit Application, the contractor
put down that the sheds were 5 feet from the rear lot line. As
the construction started, the contractor noticed that the
building was closer to the line than stated and called the
Building Inspector. The Building Inspector came to the site,
determined that the shed was within the existing setback, and
told the contractor that the work could continue, as long as the
Application No. 070 -91 Decision
garage only continued along the same line as the sheds. The work
was completed, but no Certificate of Occupancy was obtained.
4. This year, Applicant sought a Building Permit to perform
repairs on another portion of the premises, and the Building
Inspector refused to issue one because there was still an
outstanding Permit on the premises and cited failure to comply
with the provisions of §139 -26A of the Zoning Bylaw. The
Building Inspector refused to issue a Certificate of Occupancy
for the prior work because it allegedly did not comply with the
provisions of §139 -16A of the Zoning Bylaw. From those refusals,
Applicant filed -this appeal and-r- equest for relief.
5. The Board has on only one prior occasion within the last few
years validated an alteration to a pre- existing nonconforming
structure where the alteration increased the pre- existing
side /rear setback encroachment, and, as in this instance, the
increase was minimal and the construction was carried out under a
valid Building Permit and according to the plans submitted
therewith.
6. Under the authority granted by the second sentence of §139 -
33A, no alteration of a pre- existing, nonconforming structure may
be allowed unless the permit granting authority (the Zoning Board
of Appeals) finds that the alteration shall not be substantially
more detrimental than the existing nonconforming use (or
structure) to the neighborhood.
7. If such a finding is made, the same sentence provides that
the structure may be altered or extended.
8. The Board, by unanimous vote (Leichter, Williams, Balas,
Waine, and Angelastro in favor) finds that the alteration of the
structure, as previously performed under Building Permit #2520-
82, by removal of the sheds and construction of a garage
beginning over the old location of the -sheds and extended along
the line of the sheds, which has resulted in the structure coming
to within 2.28± feet of the rear lot line, where previously it
had been 2.8± feet from said line, is not substantially more
detrimental to the neighborhood than the structure as it had
existed before the alteration.
9. By a vote of 4 -1 (Leichter, Williams, Waine, and Angelastro
in favor, Balas opposed) the Board GRANTS Applic nt's request to
withdraw, without prejudice, all Wr or relie f.
Dater P ichter
2
Application No. 070 -91 i3�4---,
3
Decision
r 1'11C:11dC1 to IL3ClQZ l.L V
leeull l i,fl / y memi e /` l l
ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Mass. 02554
November 27, 1991
To: Parties in Interest and Others concerned with the Decision
of the BOARD OF APPEALS in the Application of the following:
Application No. 070 -91
Owner /Applicant: ROBERT M. BURTON
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 I
cc: Town Clerk
Planning Board
Building Commissioner
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, November 15, 1991, in the Town and County
Building, Broad Street, Nantucket, Massachusetts, on the
Application of:
ROBERT M. BURTON
Board of Appeals File No. 070 -91-
Applicant is seeking an Appeal and reversal under §139 -31A
of the Zoning Bylaw of the Decisions of the Building Commissioner
dated October 4, 1991, received by Applicant on said date, a copy
of which is appended hereto, denying his request for a
Certificate of Occupancy for an addition to his house performed
under Building Permit #2520 -82 and denying his request for a
Building Permit to repair a porch on the dwelling. In addition
and /or in the alternative, Applicant requests relief by Special
Permit under §139 -33A to allow alteration or extension of a
structure said to be pre- existing and nonconforming as to rear
setback by removing two (2) sheds and constructing a garage and
validate the siting of the garage, or, in the alternative, relief
by Variance under §139 -32A from the requirements of §139 -16A
(Intensity regulations - rear setback) to validate the siting of
the garage as constructed. The sheds were within 2.8± feet of
the rear lot line; 5 feet are required in the district. The
garage, constructed under Building Permit #2520 -82, is 2.28± feet
of the rear lot line.
The premises are located at 55 EASTON STREET, Assessor's Map
42.4.1, parcel 86, as shown in Plan Book 14, page 47. The
property is zoned R -1.
r
a
- /"(, 54-1 Robert J. Le�jhteKr, Chairman
BOA Form 1 -09 NANTUCKET ZONING DOARD OF APPEALS _1019 bl
TOWN AND COUNTY BUILDING Date
N:.i {TL'CXZT, MA 02554
TsPPLICATION FOR RELIRP
Owner's name(s): a r.?
Mailing address: �{�� EA S� o N 5 1 S r
Applicant's name: �o %2 F ►► k-1-0
Mailing address: S -A S o N S-T Y- IF 4Z T
Location of lot: Assessor's map and parcel number g 6 - `� �-• /
Street address: S 5 CA ! o� P1 T %-
Registry Land Ct Plan, Plan I3k & Pg or Pl n File y 2. `/ • Lot
Date lot acquired: /o Decd ReLF1 °, Z? 'Zoning district
Uses on lot - commercial: None or MCD ?_
- number of: dwellings duplex_ apartments^ rental rooms_
Building date(s): all pre -8/72? '5< or
Building Permit appl'n. Nos. - S a - F .2
Case Nos. all BOA applications, lawsuits:
C of 0 ?_
State fully all zoning relief- sought and respective Code sections
and subsections, speClf:ical.ly what- you propose comp,red to pre tent
and what grounds you urge for BOA to make each finding per Section
139 -32A if Variance, 139 -30A if a Special Permit (and 119 -33A
if to alter or extend a noapp,-,al orming use). If app,-,al per 139 -3JA
& B _ , attach decision or order appealed. OK to attach addendum.
u
AUO N w m .� P
Items enclosed as part of this Application: order.l ✓ addendum' ✓
Locus map ✓ Site plan ✓ showing present -I +planned structisres
n
Floor plas present proposed elevations (11DCaapproved ?_)
Listings lot area ✓ frontage ✓ setbacks ✓ GCK --parking data r
Assessor - certified addressee Est 4 sets — maAllog labels 2 seLs✓
,5200 fee payable to Town of Nantucket i proof 'cap' covenant
l(If an appeal, ask Town Clark to send Lsldg Comics record to UoA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and 14dlivw
penalties of perjury.
SIGNATURE: - -L Applicant 'Y,_ Attorney /agent Lid
3(If not owner or owner's ,attorney, enclose proof of authority) U %�r
FOR BOA OFFICE USE
,Application copies rec'cl: 4_ or for BoA on L _11612 by�
One copy filed with Town Clerk on 9 by�_ complete? �
One copy each to Planning rid and Building DcptJ /�>! /LL by
$200 fee check given Town Treasurer on �l^�Q /G /� by1 waived ?_
Hearing notice poste / �lmailed -4�zl I &
Hearing(s) on_/_/_ cont'd to—/ __/_, _J_ /_ withdrawn ?__/_/_
Decision due by_/_/_ made_/_ filed TC_/_/_ mailed —/_ /_
See related cases lawsuits __, otLr .
ADDENDUM A
Applicant is seeking an Appeal and reversal under §139 -31A
of the Zoning Bylaw of the Decisions of the Building Commissioner
dated October 4, 1991, received by Applicant on said date, a copy
of which is appended hereto, denying his request for a
Certificate of Occupancy for an addition to his house performed
under Building Permit #2520 -82 and denying his request for a
Building Permit to repair a porch on the dwelling. In addition
and /or in the alternative, Applicant requests relief by Special
Permit under §139 -33A to allow alteration or extension of a
structure said to be pre - existing and nonconforming as to rear
setback by removing two (2) sheds and constructing a garage and
validate the siting of the garage, or, in the alternative, relief
by Variance under §139 -32A from the requirements of §139 -16A
(Intensity regulations - rear setback) to validate the siting of
the garage as constructed. The sheds were within 2.8± feet of
the rear lot line; 5 feet are required in the district. The
garage, constructed under Building Permit #2520 -82, is 2.28± feet
from the rear lot line.
`
Y��T������J�� ����������������J��
x������������� DEPARTMENT
TOWN BUILDING ANNEX
l0 SOUTH BEACH STREET
NANTUCKET, MASSACHUSETTS O2554
Telephone 508-228-7222
Tele Fax 508-228-7249
Robert Burton
55 Easton St.
Nantucket Mass.
O2554 ^
Dear Mr. Burton,
Your application
on 55 Easton St.has bee
Your application
Nantucket Zoning Code.
for a Buildin
n reviewed and
does not meet
Ronald J. 5antc;
BudUing[omn,b��,:i'
Permit to construct a por�
is hearby DENIED.
section 139-26A of the
You may appeal this decision under Section 139-31A(1).
Yours Truly
Building Commissioner
Town of Nantucket
EPIC
DEPARTMENT
��l���'�
BUILDING /� '�`
TOWN BUILDING ANNEX
lU SOUTH BEACH STREET
NANTUCKET, MASSACHUSETTS 82554
Telephone 508-228-7222
Tole Fax 508-228-7249
Robert Burtoo
55 Easton St.
Nantucket Mass.
O2554 October 4,1991
^
Dear Mr. Burton,
Ronald J. Santos
Builditig Commissioner
Your application for a certificate of occupancy for building
permit #252O-82 (map 42.4.1 par-86 )has been reviewed and found not to
be in compliance with Chapter 139-16A of the Nantucket Zoning Code
and is hereby DENIED.
You may appeal this decission under section 139-31A Zoning Code
of Nantucket.
-
Yours Truly
Town of Nantucket