HomeMy WebLinkAbout031-78
03/-78
2.
BOARD OF APPF1\LS
Nantucket, Massachusetts
DECISION:
At a regular meeting of the Board of Appeals ~(ld
January 16, 1979, at the Town Building, in the matter of
the Petition of HARRY GOSSLING, et ux (031-78), after
due deliberation, the Board found:
1. The Petitioners are owners of Lot 6 on Lan~
Court Plan 35820-B in the Sheep Pond area of Nantucket,
which they acquired in 1975. The lot has over 50,000
s~uare feet of area, which complied with the zonina
LUG-1 in 1972, but the zoning was changed to LUG-2 in
1973. The Peti~ioners purchased the lot with the under-
standing, ~idely shared by the Bar, that the Planning
Board approv2l rendered the lot buildable for thr0e (3)
years. In November, 1973, the Supreme Judicial Court
ruled this three-year protection applied only to the use
of the land and not the density recuirements. Tnercfore,
the Petitioners would be faced with the hardship of own-
ing an unbuildable lot since his predecessor in titl~
owned contiguous property in 1973 when the zoning was
chancred.
2. This Board has always granted rcljcf in
these factuRl situations. The Board finds that a liter-
al enforcereent of the By-Law to this lot would invdve
substantial hardshi0 to the Petitioners, and relief may
be granted without substantially derogating from the
in ten t and ~lurpose ot the n.:,- La,^,.
3. The variance is granted and Lot 6, Land Court
Plan 35820-B is determined to be a buildable lot witi,in
the zoninq district LUG-2, by unanimous vote.
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BOARD OF APPEALS
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APPLICATION TO THE BOARD OF .APPEALS
Nantucket .v, i:::' ,
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', \-1 \ \ ~
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Lot No.
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Plan No.
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District is Zoned for L '-.\ \, 'J...
Type of structure (Existing or Propoeed) or proposed use:
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Owner's Name
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Owner's Address .";> ;J\
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When did you acquire this property?
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Has application been med at Building Deperlment? "->'-:l
Hu any previous appeal been made? -w()
Sedion af By-law ar Coee from which relief is requested,: " ;:, \. - ",,--' 'J
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Reason for asking relief:
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Signature of applicant
ATTACH: (1) A list of the names and adelresse. of each abutting owner and
owner abutting the abutters.
(2) Check in the amoUl'rt of $56.00 made payable to the Town o.f
Nantucket.
(3) Map or plan showing the lac.tlea Qf the property to be
considered.
~ ""- ~~ . \bd'" .,-. (4) If itle applteant fiOtheiDi8iJllJiTlSWJ1'el'. please indtcltte yOUT
~~ ~~ \:) ~. autherity to. make this application.
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BOARD'S DECISION
A.p,pUcatiGn submitMd to Board
Advertising datee
Heeri. date
Deci.ten of Board
Dccllllioll fit ad w Hh tneTown Clerk" '..-
The area was rezoncd to(~n,nnr) sq. ft. in June l~l-;-~. 110\\'('\'('1",
I;ossling, as well as most LII"ye1'5 in the Coml'1011\\'calth, felt th.1t tLc'
"A~\n" endorsement in Decemher of 19i~~ gave the O\'ir~('r a three (~) yc:,r
exemption during ,..hich he could sell the lots out of contiguous O\..7~1crshi;)
and insure thei r bui 1dabi lit)'. llmvcvcr. in ~:ov('mbcr of 1 (17:;. the ';u:,rc;:w
Judicial Court decided the case of Bellows farm,
Inc. \' Puiltlin" lr.s"ccto:.
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of Acton 303 :\E" 72R, \,'llich severely limited the rrctcction affordcJ to
(l!'proval not required plans. 'fl1e court stated that the three (<;1 yC'a!'
,,'(emption only applied to the use of the land and ,lid not afford :1;;:
llrotcction from chanecs in lC!1sity or intensity rcquirc1'1ents. T;lcrc-forc,
"':lcn \'ossling purchased the nrorlcrty in DCcci~;b('r (~f 10"':-', it \\':15 tec:lr.iclll:'
:ITl unbui ld:dJle lot bccau~;(' the Seller had owned cunt iguoLls property ,,!-~,,:'
1073 when the Zonin~', \,'3~; ch;:.ngcd to qO,Of)O sq. ft. even thouF,h Se:lc[
owned no conti !;uous property when Gas s Ii ng bou;:,ht in Lns.
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NO'TICE
A public hearinc will be held on January 16, 1979,
at 8:00 P.M. at the TOWN AND COUNTY BUILDING, Broad and
Federal Street, Nantucket, Mass., on the petition of HARRY
and HARlON GOSSLINC to be; granted a variance and exceptior
from SEC. \1 - H1'TTNSITY of the Protectivc' 7CJnirlo By-La',! rjf
the Town of Nantucket.
If aranted, the variance would
establish th,P tract to he a builoahlc: let of re(:nr 1. mr-r'
tract is situated at Sheep Pond Pn:1d, LCJt (j, L:lnc1 Cuur':
Plan No. 35820-B, and is zoned LUC-2.
Boa rrl of l\ppea 1 s
Robert F. Mooney
Judith Bartsch
Eileen Cahoon