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Home My WebLink About077-91Form NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 To: Parties in interest and others concerned with the decision of the o -7 -7 - ':�' / 3 -89 (� , 19 97- .J 0.n n L-.'-'r.f 3 Board of Appeals in Application No. 077 -91 Of: ROBERT A AND MYRA E. SCHONBRUNN Enclosed is the decision of the Board of Appeals which has this day been filed with 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 date. Notice of the action with a copy of the complaint and certified copy of the decision must be given to the Town Clerk so as to be received within such twenty (20) days. cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS South Beach Street Nantucket, MA 02554 Map 92.4 Parcels 58 & 59 LUG -3 Nichols Road 11,191 At a Public Hearing of the ZONING BOARD OF APPEALS held at 1:00 P.M., Friday, December 13, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of Robert A. and Myra K. Schonbrunn, of 85 Lyon Plain Road, Weston, CT , Board of Appeals File No. 077 -91, the Board made the following decision. 1. Applicant is seeking a Special Permit under s.139 -30A and 139 - 16C(2) to validate an allegedly unintentional rear yard setback intrusion of 4.0 feet. The rear yard setback required in the district is 10 feet; the structure is sited 6.0 ft. from the rear lot line. The structure was sited before 1991. The premises are located at Nichols Road, Assessor's Map 92.4, parcels 58 and 59 and shown on Land Court Plan 5004 -D, Lots 390 and 391. The property is zoned LUG -3. 2. The decision is based upon the Application and materials submitted therewith, and the testimony and evidence introduced at the hearing. 3. Applicant presented evidence that the dwelling, with second floor deck, was built in 1981 pursuant to a valid building permit. In June of 1981 a Certificate of Occupancy was issued for this dwelling with the second floor deck as shown on the plans filed in the Building Department. There is no as -built plan in the Building Department's file as this Certificate of Occupancy was issued without one being required. 4. A mortgagee's plot plan was prepared by Josiah S. Barrett, Registered Surveyor, on November 13, 1991 and that plan points out the rear lot line violation which is the subject of this appeal. 5. Applicants stated that this setback violation is the mistake of either the builder -owner in 1981 or the Building Inspector for the Town of Nantucket in 1981, but it is impossible from the file in the Building Department to determine exactly who made the error. 6. This violation has existed for over ten years with no complaints from abuttors and there was no opposition, either by letter or in person, to Applicants' petition. 7. By unanimous vote (Williams, Balas, Mitchell, Waine and O'Mara in favor) the Board grants the relief requested by Special Permit under s.139- 16C(2) and finds that this is an unintentional intrusion of less than five (5) feet and not closer than four (4) feet to the lot line for a building sited before 1991, and the burden of correcting the intrusion substantially outweighs the benefit to an abuttor of eliminating the intrusion, and the Board validates the siting of the structure as it exists with the proviso that no additional building of any kind be allowed within this reduced setback area. Date:-- Ja-� �a,�.► 3,� 9 9 y C4M AA _ Ann Balas a e Waine Linda Williams Kate Xitchell MichAel O'Mara oE�pti7UCF.f,T TOWN OF NANTUCKET �k - tl BOARD OF APPEALS k'C E NANTUCKET, MASSACHUSETTS 02554 Date: Dec*zr_� 1'� 9-L jan r ERTIFICATE OF GRANTING OF XXR1XKKXXXX3XBXXSPECIAL PERMIT (Massachusetts General Laws, Chapter 40A, Section 11) The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies that SPECIAL PERMIT has been GRANTED: To:(Owner /Applicant) Robert A and Myra K Schonbrunn (077 -91) Address: 85 Lyon Plain Road, Weston, CT affecting the rights of the Owner /Applicant with respect to land or building at: Nichols Road, Assessor's Map 92.4, Parcels 58 and 59, and shown on Land Court Plan 5004 -D, Lots 390 and 391 Cert. of Title #11,191 XgX�I�?LIX�� And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the Va3WMijdj(%XXSPECIAL 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 General Laws, Chapter 40A, Section 11 (last paragraph) provides.that no yARjCAN XXXiI!g2(pXXSPECIAL 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.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 recorong or registering shall be paid by the Owner /Applicant. hair a Robert J. Lei.chter Clerk Ann Balas 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, December 13, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: ROBERT A. and MYRA K. SCHONBRUNN Board of Appeals` File No. 077 =9`r - Applicants are seeking relief by Special Permit under §139 - 16C(2) to validate the unintentional siting of the structure on the property within the required rear yard setback. The structure was sited in 1981, and a Certificate of Occupancy was issued on June 26, 1981 for the building. A plot plan prepared in 1991 shows the second floor deck is approximately six (6) feet from the rear lot line; a ten (10) foot rear setback is required in the district. The premises are located at NICHOLS ROAD, Assessor's Map 92.4, parcels 58 & 59, as shown on Land Court Plan 5004 -D, Lots 390 & 391. The property is zoned LUG -3. CSV Tit, C C Robert J. eichter, Chairman BOA Form 1 789 NANTUCKET ZONING BOARD OF APPEALS 11/18/91 TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No. -24 APPLICATION FOR RELIEF Owner's name(s): Robert A and Myra K Schonbrunn Mailing address: 85 Lyon Plain Road, w_es an, C'T Applicant's name: Same Mailing address: Location of lot: Assessor's map and parcel number 92,_4,_- 5s & 59 Street address: Nichols Road Registry Lan Ct Plan Plan Bk & Pg or Plan File _5004 -D Lot 390 & 391 - - - -- Cert. of Title No. 11,191 Date lot acquired: 25 84 Deed Ref _, Zoning district LUG III Uses on lot - commercial: None _ or MCD? - number of: dwellings 1 duplex apartments__ rental rooms Building date(s): all pre -8/72? or 1981 C of 0? 1751 -81 Building Permit appl'n. Nos. 1751 -81; March 4, 1981 Case Nos. all BoA applications, lawsuits: None 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 if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3JA _&_B !, , attach decision or order appealed. ON to attach addendum . Applicant seeks a Special Permit to validate the siting of heir house which was built in its present location in 1981. A Certificate of Occupancy was issued from the Nantucket Building Dept. on June 26, 1981. A plot plan prepared by Ja,s�ah S. Barrett dated 11/13/91 shows that the second floor deck violates the 10 foot rear yard setback requirement in that it is only six feet from the line at its closest point. Applicant seeks relief pursuant to Ch. 139 s. 16 c.(2) and Ch. 139 s. 30. Items enclosed as part of this Application: orderl addendum2 Locus map ✓Site plan showing present T +planned "structures Floor plans present proposed elevations (HDC approved ?_) Listings lot area ✓'frontage— setbacks— GCRL_� parking data Assessor - certified addressee Iist 4 sets ma�'11 g labels 2 sets_ 5200 fee payable to Town of Nantucket- proof _'cap' covenant (If an appeal, ask Town Clerk to senUBldg 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. Al SIGNATURE: < Applicant Attorney /agent 3(If not owner or owner's attorney, enclose proof of authority) 14'1 a f. /,/s. J/ /,je,