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HomeMy WebLinkAbout006-78 .'- 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. ~~~~ ~ ~\.~\.... ,~~b ,,\.., "\~ ~~.~ .-- \. ~~ ~~'" \.' '. \..S' ~ ; ~ .~ OX.G~ . ?i.IN-><-"J Jj;cr.~ 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 ,.. 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 ; Blaikie et ux for a variance is GRANTED. \.. ~ t..~\.'l"~\.. ~ ~~\.Ci:l.~ L~\.lC\'l~ ~.~~ \ ~~"'~ ~ \~'.. ~S- ~"--. ~ ~~ UX.G3MtJ ~.., ~J rj,~___ .to. "1l to OC& - 7 ~ ~X~~~~ ~/~~ {l~ s/~ A - ~ ~ O'!!.5.5// 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, f\1{T R.i..chMd J. GUdde.n, A.t.t'y RJ G : ;tel. EY/.c.to~u.Jr..e. "'-j riill'=~ . ~^W'"~""~ _.~~~.~~,,-~^" .r ..::--..~" AB~,1 FEE ~5d. t> () 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 ( \' ~o t.J \:) ~o 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,~ ~\ v,~ Owner's Address vv "'\~~v..'N\. N':1 When did you acquire this property? \"1..\ ';}.., \ ',,":!> . Has application been filed at Building Department? NO Has any.previous appeal been made? 'tV \.:) . .. , ,~ Section of By-law or Code from which relief. is requested: ':, t t "\ \ v"u 'V - '"'i".i\("';v'\'l \"\. t c" ......\.."'" 'I.<.:llV. '. Reason for asking relief:. L ~\ \->.;C\ ~ (. \) "^ t .~\ t .'W ".-.J \, '" ."1- 0 "-> \ W\) .~ ""-J ~ .,-, \1'-'\'1.\< \) ".;:>, IV ~" (; '- t ~{"" ., Q ~ ~'~( (,> 'Q" """ 1...__ ~ " COCi ~ V<.. a- . 'I.. (\ ~.....t \-\t () '> Q.. \=- \ q" '-U t'I.'\t,\'\ '-N'''lN T\..'l\~ 'JoJ 'A1 HV<~) r-:;:.,.,-, .(~ t~ 4, '\.~''Jt\) -ft~ ~'>L-(. ,~'" '''''''''~~ ""L2 ~ ~ \)v.","'\.r:v'~ Signature' of apPlicantJ;;~ a~ ATTACH: (1) A list of the,names and addresses of each abqtting owner and owner abutting the abutters. . ",\""".', "'; ~ ... t~., (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 - ' .. 1'-. 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.