HomeMy WebLinkAbout024-78
In the matter 01 the petition 01 All~e Carey \\lLLlall1,=>, U~"J.-,u.
I
The Board reviewed the minutes of the meeting of September 19
1978 and reviewed the history of the subdivision and conveyance
made therefrom.
After due deliberation the Board found:
0;;)4-7
1. The petitioner has a hardship in that the lot as purchase
was a non-conforming lot and was though to be guaranteed as to use
and dimension for a period of seven years. The decision was an-
nulled by the decision of the Massachusetts courts, and the use
factor, only, waS preserved;
2. The petitioner would suffer a substantial hardship in the
event the use of this lot were denied being that she would suffer
the loss of substantial funds.
On motion made by Member Bartsch and seconded by Member Hyde,
it was unanimously voted to grant the variance.
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In the matter of the petition of David Murray et ux, 026-78:
The Board reviewed the minutes of the meeting of September 19, 197
and received the report of the inspection of the property.
After due deliberation the Board found:
1. The relief sought by the petitioner could be granted with
out any detriment to neighborhood properties and within the scope
of relief anticipated by the by-law;
2. The garage addition would contain no living area and woul
not affect the density factors in this area; and,
3. The petitioner has a hardship in that his personal pro-
perty is without adequate safeguard and his delivery of fuel oil
cannot be maintained without other facilities as now exist on the
property.
On motion of Member Hyde and seconded by Member Bartsch, it
was unanimously voted to grant the variance.
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In the matter of the petition of Harvey L. Pasten, Trustee,
025-78: The Board reviewed the minutes of the meeting of Septembe
19, 1978 and received the reports of the members who had visited
the locus.
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Tlle DUal'U aUV1:::,eU lVl1'. lrlHlden LllaL tile matter wuulu. be Laken
under consideration.
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In the matter of the petition of Alice Carey Williams, 024-78:
Mr. Richard Glidden appeared for the petitioner and stated that the
petitioner is the owner of Lot 4, L. C. Plan No. 35820-B, Sheep
Pond Road.
The petitioner purchased the lot out of a subdivision, July
26, 1977. After the purchase it was determined that the lot and
subdivision approval was subject to a three-year time limit as de-
termined by the Bellows Farm case and that the lot waS not unbuild
able. The subdivision of the original parcel occurred in 1972 and,
while complying with the zoning by-law in existence at that time,
was cast in doubt as to dimensional requirements when the time li-
mit expired.
The petitioner has spent a considerable amount of money in the
purchase of the lot and will suffer a severe financial hardship in
the event the lot is not able to be used.
No person appeared in opposition to the petition, and there
was no correspondence.
The Board advised Mr. Glidden that the matter would be taken
under consideration.
In the matter of the petition of David Murray, 026-78: Attor-
ney Richard Glidden appeared for the petitioner. Mr. Glidden stated
that this was a rehearing on a prior application made by Philip C.
Murray et ux and that the Planning Board had consented to a rehear-
ing. Mr. Glidden stated that the petitioner owns land at Monomoy
Road, which is presently improved with a single-family dwelling
unit. The lot size is 36,202 sq. ft., and the present ground co-
ver exceeds the allowed cover. The area is zoned to allow five
percent ground cover, and the improvements now occupy 6.5% of the
area.
The petitioner desires to construct a garage building of ap-
proximately 24' in width and 24' in depth and to use the same for
storage of his automobiles and equipment. At the present time ther
are no storage facilities or garage facilities on the site. In ad-
dition, the petitioner was been advised that oil delivery to his
house, made prior to this time by the means of a rear access road
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617 228-0771
7 Aug. 78
Madelyn Perry
Town Clerk
Nantucket Massachusetts 02554
Dear Madelyn:
Re: Alice Cary Williams
James E. Campbell
Enclosed please find copy of application for a
Variance being made by the above Alice Cary Williams
and James E. Campbell, for property situate on Sheep
Pond Road, Nantucket Mass.
This notice being send you in conformity with
Ch. 808 of the Act. of 1975.
JKG/jam
file
encl. -.---
FEE
$50.00
APPLIC ATlON TO THE BOARD OF APPEALS
\
Case No.
l\Jantucket Hass 3 Aug. 78
To the Members of the Board of Appeals:
The undersigned hereby applies for relief from the terms of the
(ZONING BY-LAW) (BUILDING CODE) on property described below:
Location of Property
SHEEP POND ROAD, NANTUCKET ~IASS
Lot No.
4
Plan No.
L.C, 35820-1l
District is Zoned for
LUG-2
Type of structure (Existing or Proposed) or proposed use: Single FalO'ily Residence
Owner's r-Tame ALICE CARY I'I1LL11\.\15 f1 .JAHF.S E. CI\.~IPBELL
Owner's l\ddress Cliff P-oad. Nantucket ~lassachusetts 02554
When did you acquire this property?
26 ,July 76
n as application been filed at Building Department? No
Has any previous appeal been made? No
Section of By-law or Code from which relief is requested: Section V
Intensity regulation
Heason for asking relief:
Lot has 52,257 Sq. feet which complied with Zoning
in Dec. of 72 when Plan was endorsed A.N.R, hy Planning Board (see attached
sheet.
^lir~ rary Williams &
James E. Camyh.-e(V hy
Signature of applicant r'<t"'r?;j r ff/,
Attorney ..-...--./
/I TTi\CH: (1) A list of the names alld addresses of each abutt1ngo.:vner and
owner abutting the--abutters.
(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
P,pplication submitted to Board
!' dvertising dates
Hearing date
Decision of Roard---
llccjJ'lioll filed witl1 the-town clerk
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The history of Lot 4 is as follows:
Tappen & Lipper who in June of 1973 owned Lots 1 thru 7 on L.C.
Plan 35820-B sold Lot 4 to one Paul G. Smith on 25 June 1974
and Cert. 7288 was issued to the said Smith.
Paul G. Smith on 2 January 1975 conveyed said Lot 4 back
to Tappen & Lipper and Cert. 7352 was issued to Tappen & Lipper.
Tappen & Lipper on 26 July 76 conveyed Lot 4 to Alice Cary Will iams
and Cert. 7706 was issued.
Alice Cary l'iilliams conveyed a one half interest in said Lot 4
to James E. Campbell on 21 Nov. 77 and Cert. 8117 was issued in
their names.
The area in question was rezoned to 80,000. Sq. feet in June of 1973,
however Tappen & Lipper as well as most lawyers in the Commonwealth, were
operating on the basis that an Approval Not Required endorsement on a plan
gave the owner a three year exemption during which he could sell any lots
out of contiguous ownership and insure their buildability. However in November
of 1973, the Hass Supreme Judicial Court in the case of Bellows Farm, Inc.
vs. Building Inspector of Acton 303 NE. 2nd 728 stated that the three year
exemption only applied to the use of the land and did not afford any pro-
tection from changes in density or intensity requirements. Therefore when
Smith purchased Lot 4 in June of 74 it was technically an unbuildable lot
because Tappen and Lipper owned contiguous property. Tappen & Lipper had
sold Lot 2 in Oct. of 73, Int 1 in Oct. of 73, Lot 7 in Dec. of 73, Lot 3
in ~larch of 74, Lot 5 in ~1arch of 74 and Lot 6 in Oct. of 75 so that at
the time Tappen f1 Lipper reacquired Lot 4 from Smith in Jan. of 75 they
owned no contiguous property. Miss Williams paid over $20,000 dollars for
said Lot 4 and will suffer substantial financial hardship if this lot cannot
be huil t upon.
Note: The facts in this case are substantially the same as in Case ~o. 006-78
Blaikie Pet. decided by the Board on 18 April 78.
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Schofield Prothers Inc., Surveyors
December 20, lq72
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Srparate certificates of title may be issued for land
shown hereon as J..o.t'iJ .toneT --
8y the Court . - __n_____._____
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Copy of pari d plJ.1
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LAND RfGISTRA TlON OFFICE
-FEB 12 1973-
Scale of this plan 150 feet to an inch
RcL. Woodbvry, [ngir:eerror[ourt/"
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Case No. 6Z.~.-?~
APPLICATION TO THE BOARD OF APPEALS
Nani:ucket
78
...~. ,
.To ~e1Vie~bet's of the Board of Appeals:
Th~'undersigned hereby applies for relief trom the t~rms of the ," ~.
(ZOmNqBY~LAW)(BU!LDING CODE) on proper~y describec;lbelow: "
d.'
X..oca.tion91 Property
Lo~ No. 4
SHEEP POND ROAD.N~Cl<ET MASS:'i:
Plan No,_.:,'C,:- ::;~~,20",B
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Dietrict is Zoned fol' WG",2
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"type of structure (Existing Ol".Pl'opoaed) or proposed use:... 'Single FamHy Residence
Has application been filed at Building Department? No
"
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OWner' a Name
ALICE CARt WILLIAMS & JAMES E. CAMPBELL
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Owner's Address, .cUff Road, Nantucket ~1as5acl1usett5 02554 c
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vVhen did you a.cquire this property? ' 26 July '16
, Has any previous appeal been roaue '?
No
'1'
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, Se,<:tion 9fBy-l~w ()~ Code from whichreli~f, is requested:',:seeti~ri'V!
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'Intensity regulation ' "}, ' I,>
1:1, '1 1
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R~as(;m for asking 'l'elief: Lot has S2,257 Sq. feet which complicd ~it~. Zoning
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inDec. Qfcn when Plan was endorsed A.N.IL by Planning Board C see &ttp.ched
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(3) Map or plan showing the locatton'of the property to be
considered. '
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, (4) If tile applicant is other than the owner, ple~seimllcato YOUi'
auth.ori~y to make this application. '
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BOARD'S DECISION
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Application submitted to Board
, ,'.A.uvertisin~,dates~?-j7f'17-;?/-7t
,)ieal'ing d~te__ 9""19- fl /
tI~cision of Board
J'),Qcj/;l;on f.lod with the To'Wilc:Ierk---
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