HomeMy WebLinkAbout006-78
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5. The present facility is located on a two lane paved road
which forms the primary artery for traffic to and from the Jetties
Bathing Beach and Cliffside Beach. Traffic congestion in the summer
months is severe. The road is heavily used by pedestrian and bicycle
traffic. The proposed addition would result in an increase of
vehicular and pedestrian traffic in this area.
6. The proposed addition would further reduce the use and
enjoyment of the single family houses along the westerly side of
the neighborhood by adding to the noise suffered and the necessity
of the occupants to overlook the commercial facility.
On motion made by Mrs. Bartsch and seconded by Mrs. Cahoon,
it was voted to deny the petition, the vote being unanimous.
Accordingly, the petition of Beachside Realty Trust 005-78 is
DENIED.
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In ~he matter of the petition of William Blaikie et ux 006-78:
The Board reviewed the information presented at the public
hearing, April 18, 1978, and reported on the views taken of the
locus.
After due deliberation, consideration of the information presented
at the hearing and an evaluation of the results of the views taken,
the Board found:
1. The locus is situated in a remote area of the island, largely
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undeveloped, and is one lot in a subdivision of seven lots.
2. The lot was purchased in 1973 by the petitioner. At the
time of the purchase, the petitioner believed the lot enjoyed
a three year exemption from the dimensional requirements of the
Zoning By-law and invested $35,000. in the purchase of the lot.
At the time of the purchase, the petitioner intended to use the
lot for the construction and occupancy of a single family dwelling
unit.
3. The petitioner now suffers a substantial financial hardship
in that he has paid for and holds title to a lot that is otherwise
not buildable.
On motion made by Mrs. Cahoon, seconded by Mrs. Bartsch, it
was yoted to grant the petition of William Blaikie, et ux, the
vote being unanimous. Accordingly, the petition of William
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Blaikie et ux for a variance is GRANTED.
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617 228-0771
Apw 21, 1978
Made1.yn PeJl1ty
Town C.tVtk
Nantuck~t, Mao~. 02554
Re.: Wil.li..am R. BR..tUJUe., e..t we
Ve.M Made1.yn:
Enc.to~e.d p.te.aoe. 6.i..nd a copy on .the. appUcaUon nOJr.. a
Va.Ilia.n.ce. bung made. by WilUa.m R. B.ta.-<.ue., a ux nOJr.. pJr..opwy
.tocate.d on She.e.p Pond Road, Na.n..tucka, IAao~achMdU. ThW .twVt
and appUcaUon Me. .6e.n..t .to you .i..n connoJr..mliy wlih :the. pJr..Ov~.i..oY1..6
06 Ch. 808 On .the. A~ 06 1975.
VVty .tJr..u..ty youM,
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R.i..chMd J. GUdde.n, A.t.t'y
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AB~,1
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Case No.
APPLICATION TO THE BOARD OF APPEALS
Nantucket ,'V.~ ';:, ';
To the Members of the Board of Appeals:
The undersigned hereby applies for relief from the terms of the , "~"
(ZONING BY-LAW) (ButLDING CODE) on property described below:
Location of Property ~ '\-\ t ( \'
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Lot No. 'I i.- (, \"i.-I\"" ..~ I> t l.Q C'.> Plan No.
District is Zoned for L u.. t, ,- '.l.. l'
Type of structure (Existing or Proposed) or proposed use: ;. \ N'''I..-(r~''''\\.1 ~,t..._
Owner's Name 'vJ \LU "'-"^ n '\l.--"" \V,~
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Owner's Address vv "'\~~v..'N\. N':1
When did you acquire this property?
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Has application been filed at Building Department? NO
Has any.previous appeal been made? 'tV \.:)
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Section of By-law or Code from which relief. is requested: ':, t t "\ \ v"u
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Reason for asking relief:. L ~\ \->.;C\ ~
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Signature' of apPlicantJ;;~ a~
ATTACH: (1) A list of the,names and addresses of each abqtting owner and
owner abutting the abutters. .
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(2) Check in the amount of $50.00 made payable to the Town Of
Nantucket.
(3) Map or plan showing the location of the property to be .
considered.
(4) If the applicant is other than the owner. please indicate your
authority to make this application.
BOARD'S DECISION
Application submitted to Board
Advertising dates
Hearing date
Decision of Board
neef lIion filod with the Town-Clerk
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The area was rezoned to 80,000 sq. ft. in June 1973. However,
Blakie, as well as most lawyers in the Commonwealth, felt that the "ANR"
endorsement in December of 1972 gave the owner a three (3) year exemption
during which he could sell the lots out of contiguous ownership and insure
their buildability. However, in November of 1973, the Supreme Judicial
Court decided the case of Bellows Farm, Inc. V Building Inspector of Acton
2
303 NE 728, which severely limited the proetction afforded to approval not
required plans. The court stated that the three (3) year exemption only
applied to the use of the land and did not afford any protection from changes
in density or intensity requirements. Therefore, when Bhikie purchased the
property in December of 1973, it was technically an unbuildable lot because
the Seller owned contiguous property (Lot 6) and even though the plan had
been sign~ by the Planning Board and approved by the Land Court less than
a year previous, the change in zoning together with the Bellows Farm Case
had made the lot unbuildable.