HomeMy WebLinkAbout022-73 - 023-73
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COMMONWEALTH OF MASSACHUSETTS
Town of Nantucket
Zoning Board of Appeals
Minutes of the Board of Appeals meeting on August 21 ,'1973. Present
were Wayne F. Holmes, Parding U. Greene, Robert L. Taylor, and alternate
Harriet Backus.
In the matter of the petition of Dale Stoodley. 023-73
FOj- the petitioner appeared attorney Robert Campbell.
Mr. Campbell ~ta0ed the petitioner required a special permit to con-
struct a dwelling unit on a parcel of land known as Lots 50, 51, 52, and 53,
Tom Nevers Head. The lots have a total area of 20,000 square feet and are
not in conformity with thE' minimum lot size required under the zoning by-law
as amended. Mr. Campbell further stated that the by-law, as amended, seemed
to allow the construction of a dwelling unit not to exceed 1200 square feet
without a special permi~. Mr. Campbell noted that some confusion resulted
from the last amendment to the by-law and there is genuine concern about
the proper procedure.
Mr. Campbell outlined for the Board the area of the lots and the pro-
posal building plans.
No person spoke in opposition.
After due deliberation, and upon motion by Mr. Taylor, seconded by
Mr. Greene, it was unanjmously VOTED that a special permit be granted to
the petitioner to construct a single f~lily dwelllng unit not to exceed
1200 square feet ground cover. The Board found the request to be in accord
with the intent of the by-law and the request not to be detrimental to
the neighboring area.
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Hardi~g U. Gr :en~
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In the matter of the petition of Ernest W. Pierce. 022-73
For the petitioner app<:lared Attorney Walter Cusick.
Mr. Cusick explained to the Board that his client, Ernest W. Pierce
had reques~3d a building permit from the Building Inspector of the Town
of Nantucket and had been denied. The reason for the denial was the
failure of the petitioner to comply with the Town Zoning By-Law.
Mr. Cusick stated his client had filed a definitive plan of a proposed
subdivision prior to the enactment of the by-law and the Town Clerk
certified the plan as approved on March 17, 1972. Mr. Cusick stated
this certjfication granted &n exemption to the petitioner pursuant to
Chapter 40, Section 11A MGLP..
The Chairrr~n asked Mr. Cusick how the Board could grant any relief
to his client since the Boa~drs existence depended on the validity of the
zoning by-law. If the petitioner denied that the zoning by-law applied to
him, the Board could not act. Mr. Cusick replied that this was a necessary
step to exhaust all administrative remedies prior to an appeal to the
Superior Court and he was seeking a ruling by the Board of Appeals that
his client was exempt from zoning.
In opposition appeared:
Mr. Donald Visco who stated that the petitioner had failed to file
a copy of his subdivision with the Board of Health and was, therfore, not
properly fileJ prior to the enactment of the zoning by-law. Mr. Visco
identified himself as a member of the Town Planning Board and stated they
had met many times with the petitioner and denied his subdivision requests.
The Chairman r~ad a letter from the Planning Board recommending un-
favorable action on the petition.
After due consideration, it was moved by Mr. Taylor and seconded by
Mr. Greene and unanimously voted that the appeal be denied. The Board
of Appeals has authority t.o grant special permits and grant variances
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to and from the zoning by-law and the building code, but is without
authority to grant an "exemption from zoningll as requested.
Accordingly, the appeal'is DENIED.
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Wayne F. &lmes
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Robert L. Taylor
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COMMONWEALTH OF MASSACHUSETTS
Tm-l!1 of qa:tl'cket
ZONINl BOARD I)} J\PPEALS
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19'3, at t:le Town Builjin:~, Nantucket, Mass. In attendance were Wayne
T'lese min1ltes of t~18 meetin~ of the BJard of Jlppeals on Jul'" 20,
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L F. Holmes, Robert 1. Ta"lor, Hardin! U . Greene, Harriet Backus, and
Alan Royal.
DT RE: On the pe ti tLn of C:!es Ger J 0:mSe;2-70
For the petitioner appeared Peter P. Stancioff, A.I.A. Mr.
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/; Stancioff stated the petitioner owned a small cotta;e on Tuckernuck and
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jesired to add a kitchen to his c0tta;e. The area is zoned LUG-3. The
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be built Upon up to 1200 sq. ft. of i~ound cover.
lot is less than the l1~nimum allowej but is a pre-existing lot and may
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With the added area, the ~ound cover will be 1080 sq. ft.
placed in the Board I s file.
Mr. Stancioff read a letter from Mr. Johnson which was received and
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Mr. Stancioff presented a plan of the lot and area showinz the existin;
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proposed improvements.
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to srant the special permit. The Board reviewed t:le material presented
After due deliberation, and upon motion by Mr. Greene, it was VOTED
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II and found the iI"antin; of t:le special permit would be in harmony wi th
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the surroundin; area of Tuckernuck.
theseneral purpose and intent of the By-Law and is not detrimental to
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IN RE: On the petition of
11-73 (re-hearing)
The Chairman announced that the
letter from the Plannin~
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Board ':;-1 vin;- unanimous
this peti tion.
For the petitioner appeared Mr:. l{.'al ter Beinicke
hearin; and identified the tract involved and recited the prior use and
Mr. Beinicke reviewed, for t:le EJard, the history of the previous