The URL can be used to link to this page

Home My WebLink About072-91v 7=D - 9/ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: Nov. 20 • 19 91 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 072 -91 Owner /Applicant: ROY K. BARRETT, INC. Enclosed is the Decision of the BOARD OF APPEALS i:hich has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may ba taken pursuant to Section 17 of ChaDter GQA, aSSaCht:S2ttS General Laws. T_r:y a- lOn pe31ing tiie �aCiZ_On must :J2 _O iC:l` by iii 1. g a 1 Cvaiipla._.t _n C�.'..._t rrith_n m�'��iTY �Lv� ..�� 7_t =� this day's date. Notice of the action with a Co-y of` thle Cmp1G� v an : Cer i c" co -y C� - i i n =,U rC e �eC1S O St De �Z n o ±C the 'Ir-'wn CIer:. So as to (Z20) days. ter, Chai_ -an cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 Map 92.4 Old Tom Nevers Road Parcels 252, 253 12,779 LUG -3 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 cf ROY K. BARRETT, INC., of Box 354, Nantucket, Mass. 02554, Board of Appeals File No. 072 -91, the Board made the following Decision: 1. Applicant is seeking a Special Permit finder § §139 -30A and 139- 16C(2) to validate an allegedly unintentional front yard setback intrusion of 1.5' ±. The front yard setback required in the district is 351; the structure is sited 33.51± from the front lot line. The structure was sited before 1991. The premises are located at OLD TOM NEVERS ROAD, Assessor's Map 92.4, parcels 252 and 253, as shown on Land Court Plan 5004 -D, Lots 39 and 40. The property is zoned LUG -3. 2. The Decision is based upon the Application and materials submitted therewith, the testimony and evidence introduced at the hearing, and no recommendation from the Planning Board. 3. Applicant presented evidence that the structure on the property was sited by a registered Surveyor to ensure zoning compliance and constructed in 1987. On March 3, 1989, after the building was completed, Applicant hired a Registered Surveyor to prepare an as -built plan. This plan was filed with the Building Department and a Certificate of Occupancy was issued for the structure in 1990. The as -built plan showed a thirty -five (35) foot front yard setback, as required by the Zoning Bylaw. 4. According to Applicant's evidence, the same surveying firm prepared another plot plan of the premises on October 21, 1991, which indicated a front yard setback of 33.5± feet, 1.5± feet less than required. 5. Applicant stated that the difference was the result of work performed by another surveyor who moved the bounds during the course of work on other parcels near the site. The other surveyor was presumably using updated information which superseded the older survey data. 6. By unanimous vote (Leichter, Williams, Balas, Waine, and O'Mara in favor) the Board GRANTS the relief requested by Special Permit under §139- 16C(2) and finds that this an unintentional intrusion of less than five (5) feet and not closer than four (4) Application No. 072 -91 Decision feet to the lot line for a building sited before 1991, and the burden of correcting the intrusion substantially outweighs the benefit to an abutter of eliminating the intrusion, and the Board validates the siting of the structure as it exis P , 33.5± feet from the front lot line. /-) _ 1 Date: N0j. 30, (qq( Robert L ichter All 1i1 Linda F. Willia s Ann Bal ale Waine Mic ael O'Mara F0 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: ROY K. BARRETT, INC. Board of Appeals File No. 072 =93' Applicant is seeking a Special Permit under § §139 -30A and 139- 16C(2) to validate an allegedly unintentional front yard setback intrusion of 1.5' ±. The front yard setback required in the district is 351; the structure is sited 33.51± from the front lot line. The structure was sited before 1991. The premises are located at OLD TOM NEVERS ROAD, Assessor's Map 92.4, parcels 252 and 253, as shown on Land Court Plan 5004 - D, Lots 39 and 40. The property is zoned LUG -3. ie�, �1 � C Robert J. Le' hter, Chairman BoA ..orm 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 CASE No.0_2—iL APPLICATION FOR RELIEF owner's names) : Roy K Barrett, Inc. Mailing address: Applicant's name: Same Mailing address: Location of lot: Assessor's map and parcel number 99.4,- Street address: Old Tom Nevers Road p n 5004 -D Lots 39 Registry Land Ct Plan, Plan Bk & Pg or Plan File Land Courtxx xxxxxxk & 40 ��_ CT 12779 Zoning district yUG Iu Date lot acquired: _ 26 86 Deed Ref Uses on lot - commercial: None or MCD? - number of: dwellings 1 duplex_,'apartments__ rental rooms Building date(s): all pre -8/72? or C of 0? 53.14 -90 Building Permit appl' n . Nos. 5314 -87 dated March 25-, 1987 Case Nos. all BoA applications, lawsuits:NA State fully all zoning relief sought and respective Code t sections t and subsections, specifically what you Propose and what grounds you urge for BoA to make each finding per Section 3 -32A if Variance, 139 -30A if a Special l�e mit (and 139-33A 3�A if to niter or extend a noncon- forming OK to attach addendum . & B _ , attach decision or order app Applicant seeks a Special Permit per Section 139 -30A, and Section 139 -16 C. (2) to validate an unintentional front yard setback violation of 1,:5 feet (required 35 feet- ,,;, actual is 33.5 feet). Applicant built a house in 1987 and 4ired a surveyor to measure the setbacks; on 3/10/89, he had an as -built plan' prepared and filed with the Building Department and obtained a CO as the building complied with all set back requirements. On October 21, 1991, the same engineering firer did a mortgagee's plot plan and discovered this,discrepancy. Sometime between March, 1989 and October, 1991, another surveying firm surveyed an adjacent piece of property, moved two of the bounds affecting applicant's lot, without applicants knowledge, as they had information which corrected the placement of (con't) Items enclosed-as part of this Application: orderl addendum2 Locus map, x Site plan„ showing present +planned 'structures Floor plans present proposed elevations (HDC approved ?_) Listings lot area frontage setbacks v-' GCR parking data Assessor- certifiecTaddressee Est 4 sets x mali�rg labels 2 sets x nt 200 fee payable to Town of Clerkntocsen B1dgoComr'9 record to n BoA.) �(if an appeal, ask To 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. x . 1S�-- Applicant Attorney /agent x SIGNATURE: 3(If not owner or owner's attorney, enclose proof of authority) vnv Rnz OFFICE USE , Y (�Q* 6,—, these bounds. Applicant is completely innocent and relief can be granted without any detriment to any abuttor.