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HomeMy WebLinkAbout070-91cD —7 o�D — `7� / 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