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Home My WebLink About019, 020-74 -......."....'''~.,~ "".", ~"J i;,/- _: ,~............. '--"~~ Minutes of the m(~ct'inv, of the Board of Appeals, October 17, 1974. Present \vcI'E'!,.m'embofs w.. Holmes, II. Backus and R. Taylor. In the matter of . the p~ii tioh' of Philip Phelps ( 020-74,).1 re- que:sting a variance tos\1bd~viqea lot at WasIh str~t; app~~ring :tl: ~ ~M:t'.PhelPs was Attoril.eyJ~mesGlidden. !fro GliqiJ~n stated there were now five (5) cottnp;esoh a~irigle lot of \l.4,189flq. .feet and that the owner desired to subdivide the lot to provide . . . each cottage on a sepq.rate lot. The separ~te lots vary in size .~ ..~"'. from 3'~7 sq. fe~t (sinall~st) to 3800 sq. feet (largest). . .}. ::", .. No single bui Iding on any proposed lot exceeds 1200 .s.<iuare - . feet and no~xisting building is proposed ~.o. b~ expanded. No new building would be placed. on any lot.. The owner proposed t'oscll the individual cptt.ages and lots if. the varIance is granted. Mr. Glidden stated the PlartningBoard. . . had considered the request andwas.in fa\Tpr of the sUbqivision. The proposed s~le and indivtdual ownership is alleged to be a superior use to thepresen1t rental of thei cottages. No other person spoke; in favor of the petition. In opposition appeared'Mr. Albert Anderson. Mr. Anderson began to discusS another mat tor and was advi.sed that the p'eti tion before the Board concerned a lot situated at Brant Point. Mr. Anderson withdrew his comment. No other person appeared. The Cha.irman elose(f: the meeting and announce,~,~ would 'read cCirrespond~nce.The' dha.irfllan read a; letter ,fl'OI!1,'~h~'Pl"ffd~llg, '. .:'::- - --.-:.~_:::.'''.- ..,-: Board in faevorofthe petition. -. Letters reaei' oPI'O$~ng'tp~'<" , petiticu,~were received from CarOlyn ,duPe Gibbons and Gebrien. ;1'~ ,. .. ..",....: Gibbons, Jr., Sherwood W. Smith and Barharalf:'Smith; Eliia:beth .. L. Bolling,H.Crowel1'Freeman and Pauline S. Freeman, Gr(:jtchen Samuel P. €ounOr, Jr. ~ / <.1,- . CJ/Cf, OdO - 7~ Minutc:s of' the rne"Lin;'; o( the Board of App(;als, October 17, 1974. Present \,vcr(~ mC'IYlhc~rs W. Holmes, JI. Gackus and R. Taylor. In the mattc;1' of' the petition o( Philip Phelps (020-74), 1'0- questing a variance to suhdivide a lot ;It Waslh Strec:t; appearing ~Mr. Phelps was l\ttornc'y James Gl iddon. ~lr. Glidden stated there were now f'ivc~ (5) coita~_.';c~s on a sin~,:le lot. of 14,189 sq. feet and that the owner desired to suhdivlc](: the Jot to provide , each cottage on a separate lot. The separate lots vary in size ',' '<>0( from 3097 sq. fee t (srn a 1 ] (, s t) to :i ROO sq. f e (; t (1 a I' g est) . No single building on ;ll1V proposed lot (?xceeds 1200 square fee t an c1 no c? xis tin ;:; h II ;1 din i( i s pro p 0 sed Lob e ex pan d cd. No new building would he pl;lcecl on any lot. The owner proposed tel sell the individual cottages and Jots if the variance is granted. ~r. Glidden stated the Planning Board had consid(~red the rCCluest and was,in favor or the suhdivision. The proposc~d sale and i nd i vi dlla I ownersh i pis alleged to be a superior use to the: prc;scIlL rcnt,tJ of the cottap;es. No other person spoke> in favor oj' the> pet i tion. In opposi t ion appc;al'ecl :,11'. 1\ 1 hcrt Anderson. Mr. Anderson began to disc,uss another matte'!' and was advised that the petition before the? Board concerne;e! ,1 lot situatc.e! ;It Grant Point. ~,lr. Anderson wit hd rew hi;-; ('omml'n t. No 0 t h e~ r per son a p pea r (' cl . Tho Chairman c]osc:d tlw meeting and announc(!d he would read correspondent~e . Th(; Chai rrYlan read a;] ct tel' from tho Planning Board in favor of the petiUon. Let tc~rs read' oppos i ng the petition were received from Carolyn duP. Gihhons and Gebrge G. GibhcJns, Jr., Sherwood W. Sm i 1:h ane! 15:\ rharn, 13. 8mi th; El izabeth L. Bolling, H. Crowell Yrecrw,n and Paulin(~ S. Fr(~eman, Gretchen Bronson, Dr. John L. D\lnnjni~ton and Samuel P. Coul1or, Jr. 01 q ~ 7f - .~~~~,"J,f......,..,..~ ....-....'" "f"~"..~ ~,.....~-,.. ~02 ~ (!O \ ISSu-L t,...-H~" .... ~::-,~-;",""."~~";'~;'f~t~";" (. L,hl';"'\f';".."~:" "';:c.i '.:_~' ...,,, :1: ,~ I ~: <:..~ /</" ~ ') " .1, :~',,'~;: -;j::.;7:c;:':>". ..+,;~.Y';'~;"1..;.~-:':;' . -. Afte't'fduft ~@).jb(}ratHm, thcdJpard found no harc1ship had be$n esta.blished. Upon motion.c{r Mr. Ta~n or, s<;}C6.lJdfld by Mrs. 'l3ackUs, it was voted unanimously to deny the pet i.t ion andt:her'e~~ore, the request for a variance is DE-NIED. . \J~~~~~-, .'~ .. ~... . ~//tf/- // , ,. 'I, /I' !I ) I :AI},' - " . I ~ tt.r' 1/ \ \ ':-::UL '1~,."I. ... ')' '. . .-', ,.,' -- L' ,. ~,","\..~.. " .",. ~..._.) (.~__.c..~-~_J - In the ma.t.t:C31".of the,>peti tion of, ~ienry Kehletlbeck 01,9-7'it', appealing t.he iSS\1anc,~: of certain building permits by the. Butld- -.,i",::;" ing Inspe~tor for the" construction of condomin-ium units on Lots . . 2 & 3, Tristram's Land:ing Madaket., Attorney Theodm,'e 'l'illotsonaddressed the Board on a point of order ~nd suggested the notice of appeal did ,not contain sufficient information and reason for the appeal to afford ade- quatenoti.ce to the paI~t tes. The Board agreed that the informa- tion Illay have heenintnimal but that adequate notice was given and no prejudice was. evi.dent. Appearing, for the' petitioners was Mr.. K. Dun Gifford. Mr. Gifford, reci ted the his.tory of the subdiv'ision of Lot 2 and Lot ,3 and pres~nted a plan pf development showing various subdivi~ sion and fe-subdivisions. A ".Statement.9f .In format~on~~_w=;tS pre- sented to each Board member and, is appended hereto as. the re- . marks ani:! address of ~fr. Gifford. Mr. Gifford also presented a petition~igned by 517 persons alleged to support the petition. Also appearing for the petitioner was Henry Kehlenbeck. Mr. . ' Kehlenbeckstated that the fire~ nf Madaket was endangered by the ............-.""'''....- ,,; " "'~~ '" " .. " __ __...l'l,...~~...~\('",... ~,."'rk~",...,_<!ll!~~~...~~\~.'''...,'' v. ' ' ' - -.~~ ..v' .. ,-', .' -_..._...-:,~ . .. .. ,- ,,~_.... .~"'r-. .-.-............"'..... ""... ,vi ~~___ """-",,-,~,,<-,-,,-,,,-,,"".:_'-~'."""'-'-' -~..._---~-_. .. .. J:-:'-'. / many changes in the subdi*is ion chanJ~eR to J.ncrease density of development. Alsospealdng in ravdrtof the petit i9nwas Mr. Albert Ander- sorl.Mr. And.ersOOsta tedbe was an owner of land at Ma.daket and tilat he f;ea;rpd polluti-on of the natural resources would result from this cO~d6minium 'l.!-se' He revimved the Whitman & Howard . . , report ;as it applied '~o 'the .Hadaket area. In QPp,osition appeared Attorney Tillotson. Hr. Tillotson _~ <:'_ '..!-c' '_ stated- -the. lan-d 'vas subdi vi.ded prQperly j n 1971. Since that time, , , the owner has operated ~nder the protection of Sections 5A a.nd , . 7A of Cha;pter40A MGLA. '. Mr. Tillotson stUited,that a consolida- tion of lots.was not a violation of the Subdivision Control Law and did not r~quire a: re-.h(c:aring. He further pointed out that the condominiuPluse was proceeding as provided by statute. The drives leadinr~ 'into Lots 2 &B are not roadways within the definition of the SCI!; and as such do not require Planning Board review. Mr. Tillotson reviewed the frontage, area set- ba;ck and groUnd cover applicable to each lot _ and stated they were all in accord with Section 5A. Separate spetic syste!TI for the two lots are approved by the Bo.ard of Health. Mr. Tillotson again'review~<:l. the protections afforded to these lots,oy Sections 51.\ and 7A. It was agre~'d that the petition and the owner would submit briefs supQorJing their positions wtthin the (10) days. -' - ,. There was riocorre~ponden<ie and thehearingwas,~losed. After due deliberation we find:- 1. Sufficient information \Vas provid(~d to tl)e Owner by the ~ notice of appeal to a left the Owner to t,he matters to be, con- sidered by. the Board. The f'acto.f several prior meetings, att- endant publicity and the,parqcipatiop by the) Owner and his . ...:. agents in the priormeotings; serves to affirm our belief that the Owner.was not pr(Uul1ic.ed by the content of the notice of appeal. " r ',' .... . ~_"""''''"-""",,''''~~'~''''''';''r.'',~,''',n,''t'l'"'~'~\j!.~'''...~31''<;:~,eJ!',,",,'''''''''......~~{;,.~' "'''''~'''''''l!:t''''''~<;~(.~~~'~''''':'~'~"~'''''%t!''''_I~.ll!I!8~ Jilt.. '.t_ ti ..,dILl"~ ~~ .:c:ci,""'"-" .. . . +" .... .. ._.c~~=,. .~._.- ~ . ,. .".,., ~~:I- ~~"~'~,","-",-"- ".c. ..' '. .. / / / :,J".1 -'I~ ,..... ..,',..,.. I .---... ') ...oJ ,. The provi.son of Chaptpl' tlOA, Section 7A, preserves the rosi.dential use 0 f. thp] nnd 'as provided by that statute. Howevc " . we helieve the use proservation issuhject to density rules and regulations and furthHr than an "clpproval not required" endorse- rtIent does not constitute> an approval of any and all residential use thereafter. Density regulations, including ground cover and family occupancy in effect at the time of building, are appl cable to Lot 2 aild. Lot ~Jand should have been observed. 3. Re~.l~lential use as used in Chapter7A, does not include ..~ ~ multJ:Ja1n:i ly use but rather i.nc I udes the ea tegory single fami ly use only. 4. The Nantucket ProtectivepontJ\R By-Law provides that.."l lawfully laid out by plan or deod. ..or~..shown on a plan with th words 'approva.J....!1c,t rC'quired'...b~fore the effective date of this by..,.law, may l?n but] t upon... provided such lot" wa.s held in lwnership separate from that of adjoininl; land...". In this 'case i it 1.S hpparcnt: that these various lots bearing"approval not required" endorsement are not held in separate ownership and therefore may be made to conform. V?hereupon, we find the bu i.],d ing permits issued by the Bui Id i.t . . Inspector were iHsued in violation of the zoning by-law of the Town of Nantucket; and Upon mot ion oJ: ',Mrs. If. .Backus, seconded by Mr. R. Taylor, it was voted "nanimOlisly to ~rant the petition to revoke the buildill permits ~nd the petition is GRANTED. ; .~~~.~~~~~,,~.. .. 'V-C 0-: ....' . ,:' 4 ./~;l~ _.~{j~~J!/!L~~r .,;.._-~:<~W_X;.-- J. , '/ , " . , 4 '~..."' ~. ... ~ . . " \, -, ,'., . \:.,:l..t....'.'. .....,1 .,. ___..._ <.. '." .,..,~ .. r . ..... .' :' '-'---' -Z.---~ , I //, /f1~ /4/1'" .t1.',?n' . . ":}~.;;.,.~~~--.,..~~._-~~..._-:-....-......:.....~..... ~. t', _', .:..._~_~:.:~'~.=._.:"._...:_'_..~".''''''''f;;;:;~~b;:..::;..'.; .~:tZZ~::'l:'?l'~.:;!~;:t:~.:;~r~7"\(::"'.C;'.zi22~__.__'nr ,~,.,.;~_'-'-, ,