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HomeMy WebLinkAbout036-78 - Town of Nantucket ZOlling Board of Apl,etll." Nantucket, Mass. 02554 o~-'12 December 26, 1978 Re: Petition of Kenneth A. Parker (036-78) Enclosed please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeals from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. Robert F. Mooney, Chairman NANTUCKET BOARD OF APPEALS Keed. 1~1~rl1r / () : 00 fl. m. 13~~.U4 ~'1.- -r ~~ .. . # BOARD OF APPEALS Nantucket, Massachusetts DECISION: At a regular meeting of the Board of Appeals held December 19, 1978, at the Town Building, in the matter of the petition of KENNETH A. PARKER (036-78), after due deliberation, the Board found: 1. The property at 2 East Chestnut Street is located in an area zoned Residential-Commercial and presently contains two partments and an attic of margi- nal utility. The owner has proven the economical unproductiveness of its present use, and a literal enforcement of the by-law would involve substantial financial hardship. 2. Relief may be granted without substantive detriment to the public good and without nullifying or substantially dero0ating from the intent or purpose of the by-law. 3. The variance is 9ranted with the limitation the floor area ratio shall not exceed twenty (20%) per cent of the maximum allowable under the by-law, a unanimous vote. BOARD OF APPEALS 12/-/1 ~ 1 %i:~J~) J) t:r1 L~ ) , t.t... l..' . / ; t' \, ,- , '1::) '\.QC \ ct ) :J-j.::J- ~/7( / 0 ~ 0 tJ fl. In . !~~M-~ ~'r-r~ CivLk. /( i, \; I I 1\ !I Ii A regular meeting of the Board of Appeals was held ii December 19, 1978, at 8:00 p.m. Present were members Mooney, i, Bartsch, and Cahoon. Ii I BOARD OF A~}>EALS Nantucket, Ma,l:)l:)a,chusetts In the matter of the petition of Kenneth A. Parker (036-78) the Petitioner appeared and requested a variance for property at 2 East Chestnut Street, which he has purchased. The Petitioner intends to convert an existing attic into an apartment which will exceed the floor area ratio allowed under Section V. The first and second floors of the building will become office space, and the attic will become an apartment for the owner's use. The property is located in a Residential/Commercial area and has been used as an apartment building in the past. Christopher Holland appeared in support of the petition, stating it was necessary to add a dormer to the building for headroom and that the apartment constructed would probably be suitable for occupancy by two persons. A letter was received from the Planning Board recommending favorable action on the application. There was no objections and no further correspondence~ The Board took the petition under advisement. In the matter of the petition of Esther Swayze (037-78), Attorney Michael Driscoll appeared for the petitioner and stated the petitioner wished a variance from Section V to permit the construction of a dwelling house for herself on Lot 14 on Land Court Plan No. l3926-A, off West Chester Street. The premises are zoned Residential-2, requiring 20,000 square feet minimum area and Lot l4 is only lO,366 square feet. He stated that Mr. and Mrs. Swayze had owned two lots for many years. Mr. Swayze having recently deceased, his widow wishes to sell the family home on Lot lS for payment of debts and taxes, and build a small house for herself on Lot 14. The petitioner is suffering a hardship in that she has lived in this area for ten years, is forced by necessity to seJl her principal home, and would otherwise have no valid use for the remaining lot. He pointed out that adjacent lots in the area bounding Lot 14 had been sub-divided into 5,000 square feet prior to the effective date of the zoning. Mr. Sam Swayze, Jr., also spoke for the petitioner, and stated the property had existed as two separate lots as far back as 1928 and should be treated as such. There was no opposition and no correspondence. The Board took the petition under advisement. BOARD OF APPEALS Nantucket, Massachusetts DECISION: At a regular meeting of the Board of Appeals held December 19, 1978, at the Town Building, in the matter of the petition of KENNETH .F'PARKER (036-78), after due deliberation, the Board found: l. The property at 2 East Chestnut Street is located in an area zoned Residential-Commercial and presently contains two partments and an attic of margi- nal utility. The owner has proven the economical unproductiveness of its present use, and a literal enforcement of the by-law would involve substantial financial hardship. 2. Relief may be granted without substantive detriment to the public good and without nullifying or substantially dero0ating from the intent or purpose of the by-law. 3. The variance is granted with the limitation the floor area ratio shall not exceed twenty (20%) per cent,of the maximum allowable under the by-law, a unanlmous vote. ~~~~.:..~~~ \~, !l.~, '1 ~ :L,', ) l::l ~.~' ~~.~ - \ ~---.... ~~ ~ BOARD OF APPEALS /2.4Jl. ~ 7 %i:.JLL-.<) J) Cd.1-,,-,,->< j . ~.\ ...... './ I j , ' / I Ii 'I I: I I I: 'I :1 A i' December ! Barts ch , BOARD OF ~}>EALS Nantucket, Ma,sl:;a,chusetts regular meeting of the Board of Appeals was held 19, 1978, at 8:00 p.m. Present were members Mooney, and Cahoon. In the matter of the petition of Kenneth A. Parker (036-78) the Petitioner appeared and requested a variance for property at 2 East Chestnut Street, which he has purchased. The Petitioner intends to convert an existing attic into an apartment which will exceed the floor area ratio allowed under Section V. The first and second floors of the building will become office space, and the attic will become an apartment for the owner's use. The property is located in a Residential/Commercial area and has been used as an apartment building in the past. Christopher Holland appeared in support of the petition, stating it was necessary to add a dormer to the building for headroom and that the apartment constructed would probably be suitable for occupancy by two persons. A letter was received from the Planning Board recommending favorable action on the application. There was no objections and no further correspondence~ The Board took the petition under advisement. In the matter of the petition of Esther Swayze (037-78), Attorney Michael Driscoll appeared for the petitioner and stated the petitioner wished a variance from Section V to permit .the construction of a dwelling house for herself on Lot 14 on Land Court Plan No. l3926-A, off West Chester Street. The premises are zoned Residential-2, requiring 20,000 square feet minimum area and Lot l4 is only lO,366 square feet. He stated that Mr. and Mrs. Swayze had owned two lots for many years. Mr. Swayze having recently deceased, his widow wishes to sell the family home on Lot lS for payment of debts and taxes, and build a small house for herself on Lot 14. The petitioner is suffering a hardship in that she has lived in this area for ten years, is forced by necessity to seJl her principal home, and would otherwise have no valid use for the remaining lot. He pointed out that adjacent lots in the area bounding Lot 14 had been sub-divided into 5,000 square feet prior to the effective date of the zoning. Mr. Sam Swayze, Jr., also spoke for the petitioner, and stated the property had existed as two separate lots as far back as 1928 and should be treated as such. There was no opposition and no correspondence. The Board took the petition under advisement. FEE l,;ase {'m. U J b - / ~ APPLIC ATlON TO THE BOARD OF APPEALS Nantucket ~ov. 15"'J If78 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 2..,...GI'9"fM,,\ ~. Lot No. ~ (roVllt ') Plan No. District is Zoned for R...oIW"A\o. / ~M"'.IC.\~ / 4Dl'r"."') ~ Type of structure (ExL:lting or Proposed) or proposed use: ...,"'." "'"fl' Owner's Name 1f;NHE.Ttf I t;,lftfe~ Owner's Address '100 1'J,~~I'I[t:7T ~KWA '1.1 tJMf.VI'/(, 'l.~_ When did you acquire this property? "'''''. 11-2 8__ Has application been filed at Building Department? Vlt::.fl)"""""C H as any previous appeal been made? ....0 Section of By-law or Code from which relief is requested: 'l.OOCI AfUUio. ~~T'~_::~ Yo - I~l\ ~~~'t'O.... Reason for asking relief: ~&.. M-.CJa fU.......... ...,.,... _~fC...'~ ,...,,~ ... .r...."'..\'...~ ,"".'t'...~ "'1\\4",0 AN ~r..,.'""....\ .,. ,.,..-.. 1"''' ~& -F Ay ...,'~I..."\ Arr- ~u 1:"1', r....n. I.U\~ "k:\60u..60 ,. sa Clt'f...- ..~. ,- If ..,"".. ......~....,...ll(' ......"....0 ~M"" ,..,~ .~.....J.(z. '4 cr....... ,. .zc~. IWCM .f Signature of apPlican:.r -~ f....'" "'.... .~... JIl ATTACH: (1) A list of the names and addresses of each abutting owner 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 I t'''.pplication submitted to Board ! i J! l\ dvertising dates - Hearing date I! Decision of Board Decision filed with the Town Clerk ~~~~~ \~ \ '\ \ 'l ~ \::". -~~~~~, I ,~, :~, M,';""_.4 ~'~~~~J~W~:~~'.~~~\l;:~1 1,", ,;, .