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Home My WebLink About068-9311)te 2?. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August �a' , 1993 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: w • Owner /Applicant: J. MICHAEL PAYTE 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 an complaint in court within TWENTY (20) days after this day's 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. —0a,009— SL:� — Dale ine Chairman cc: Town Clerk Planning Board Building Commissioner NANTUCKET ZONING BOARD OF APPEALS 3 South Beach Street Nantucket, Massachusetts 02554 Map 80, Parcel 138 Plan Book 21, Page 82, Lot 1 R -2 2 Nobadeer Avenue Title Reference: Book 193, Page 215 At a public hearing of the NANTUCKET ZONING BOARD OF APPEALS held at 1:00 P.M. on Friday, June 25, 1993, at the Town and County Building, Federal and Broad Streets, Nantucket, Massachusetts, on the application of J. MICHAEL PAYTE, in care of Reade & Alger Professional Corporation, 6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584, Board of Appeals File No. 068 -93, the Board made the following DECISION: 1. The applicant requests a special permit under Nantucket Zoning By -law Section 139- 16.C(1), reducing required side yard setback from ten to five feet, as authorized in this Residential -2 zoning district, or in the alternative under Section 139- 16.C(2), which authorizes special permit relief to validate unintentional setback intrusions not greater than five feet into a required yard and not closer than four feet to a lot boundary line, and in addition a variance under Section 139 -32.A from the side yard setback requirement of ten feet in this district, in order to validate the siting of his existing dwelling, said to have been constructed prior to 1991, with side yard setback of 6.5 feet in the easterly side yard and 2.4 feet in the westerly side yard. The Locus is situated at 2 Nobadeer Avenue, Surfside, Assessor's Parcel 80 -38, is shown as Lot 1 upon plan recorded with Nantucket Deeds in Plan Book 21, Page 82, and is situated in a Residential -2 zoning district. 2. The Board's decision is based upon the application and documents filed with it and the testimony, evidence and representations presented at the hearing. 3. There was an unfavorable recommendation by the Planning Board in this case. No opposition was expressed at the public hearing. 4. We find that the structure upon the Locus, as shown upon the plot plan by Charles W. Hart & Associates, Inc., dated May 19, 1993, a copy of which is attached hereto as Exhibit A, consists of a dwelling, constructed pursuant to a valid building permit, and a deck addition, constructed later without a building permit. All construction was performed prior to 1991. The dwelling itself extends into the required yard setback of ten feet by about 3.5 feet, having actual setback of about 6.5 feet. The deck addition extends into the required setback by about 7.6 feet, having actual setback of about 2.4 feet. The applicant assures us that the nonconformity of the dwelling's setback from the easterly lot line was unintentional. 5. By unanimous vote of all five members sitting on this case, the Board finds that the prerequisite facts for issuance of a special permit under Section 139- 16.C(2) have been met with regard to the easterly intrusion; the intrusion was unintentional, came into existence prior to 1991, amounted to less than five feet and did not come within four feet of the lot line, and the applicant's hardship in correcting the violation would exceed any public benefit therefrom. Accordingly, we grant the special permit thereunder, upon the condition that no additional construction within the required setback area is permitted, this special permit being limited to the validation of the siting of the existing dwelling within the easterly side yard setback area. Relief having been granted under this section, the applicant withdrew his alternative request for special permit relief under Section 139- 16.C(1) during our hearing. 6. As to the westerly side yard setback nonconformity, no special permit relief under either Section 139- 16.C(1) or (2) is applicable, and only variance relief could cure this violation. We are unable to find that owing to circumstances relating to soil conditions, shape or topography of the Locus and structures thereon, but not affecting the Residential -2 zoning district generally, a literal enforcement of the provisions of the By -law would involve substantial hardship to the applicant, and that desirable relief might be granted without nullifying or substantially derogating from the intent or purpose of the By -law. Accordingly, by unanimo vote of the five members sitting, the requested variance r li f as den ed by.) then Bard. * Dated: 1993 RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 AUG 12 1993 S o 4M LER r ku� *A mitigating fac or in t denial of relief is that the first floor deck built after the original structure that received a Certificate of Occupancy, did not have a building permit or a CO issued. +-Iyl as___. W. nda F. Williams Nancy J. Sevrens ejw /28 /BOADECIS ZONING BOARD OF APPEALS 3 South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, June 25, 1993, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: J. MICHAEL PAYTE Board of Appeals File No. 068 -93 Applicant is seeking relief by Special Permit under §139- 16C(1) to reduce the required side yard setback from 10 feet to 5 feet to validate the siting of an existing dwelling on the premises. In the alternative, Applicant requests relief by Special Permit under §139- 16C(2) to validate an allegedly unintentional intrusion of the dwelling into a required side yard setback. In addition Applicant is seeking relief by Variance under §139 -32A from the requirements of §139 -16A (Intensity regulations - side yard setback) to validate the siting of the existing dwelling on the premises 6.5± feet from one side lot line and 2.4± feet from the other side lot line. The premises are located at 2 NOBADEER AVENUE, Assessor's Map 21- 0-0, parcel 58, as shown in Plan Book 21, page 82, Lot 1. The property is zoned R -2. Da e Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228 -7215. BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No . Or �9 APPLICATION FOR RELIEF Owner's name(s) : J Michael Payte Mailing add re ss: c/o Reade & Alger P.C., P.O. Box 2669, Nantucket, MA 02584 Applicant's name: same Mailing address: -- _ Location of lot: Assessor's map and parcel number 80 - 58 Street address: 2 Nobadeer Avenue, Surfside Registry -R, Plan, Plan Bk & Pg "" - 21 -82 Lot 1 Date lot acquired: _Lj_ 82 Deed Ref 19� -215 Zoning district R -2 Uses on lot - commercial: None X or MCD ?_ - number of: dwellings 1 duplex_ apartments, rental rooms_ Building date(s): all pre -8/72? No or C of 0 ?_ Building Permit appl'n. Nos. 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 noncon7orming use). If appeal per 139 -3JA & B _ , attach decision'or orderl appealed. OK to attach addendum . Applicant requests a special permit under By -law Section 139- 16.C(1), reducing side yard setback from ten to five feet, or 16.C(2), validating unintentional setback intrusions not greater than five --e-t into a required yard and not closer than four feet from a lot line, and a variance from side yard setback requirements,in order to validate the siting of his ekisting dwelling, constructed prior to 1991, with side yard setback of 6.5 feet in the easterly side yard and 2.4 feet in the westerly side yard. Items enclosed as part of this Application: orderl addendum2 Locus map x Site plan X showing present x . +planned structures Floor plans present proposed— elevations (HDC approved ?_) Listings lot area frontage setbacks GCR parking data Assessor - certifies— addressee ITst 4 sets x ma l ng labels 2 sets X 51200 fee payable to Town.of Nantucket x proof 'cap' covenant (If an appeal, ask Town Clerk to sen —BBldg Comr record to BoATT I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of pe jury. L/ SIGNATURE: +'/ / /,• Applicant Attorney /agent X 3(If not owner or owner's attorney, enclose proof of authority) �e c ' r-> (0 9 °� 3 i M A°ssT—`r r-,� FOR BoA OFFICE USE Application copies reed: 4 V1 or_ for BoA on __�C`2Vby 4S�) One copy filed with Town Clerk on,k/9/2-3 by� complete ?! / One copy each to Planning Bd and Building Dept.--L1-/La by $200 fee check given Town Treasurer on�g/2-)�3 by LAJ waived ?_ Hearing notice posted(/2;,92 mailed,- /2i,': I & Mj(�/ /O-A3, (- /G Hearing(s) on,_/_/_ cont'd tom —/_, _/_/_ withdrawn ?__/__/_ Decision due by_/_/_ made�f_/_ filed TC_/,_/_ mailed__/__/_ See related cases lawsuits other