HomeMy WebLinkAbout014-77
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Minutes of a meeting of the Board of Appeals, July 19, 1977:
Present were members W. Holmes~ O. Edward Hyde, and J. Bartsc~.
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The Board elected Member Wayne Holmes as Chairman and Clerk I
for a term of one (1) year.
Upon motion of Mr. Hyde, seconded by Mrs. Bartsch, it was un-j
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animously voted to adopt the rules of procedure now in effect and I
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Rule 1. Meetings of the Board of Appeals shall be held at th~
Call of the Chairman or Clerk. i
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Rule 2. The Chairman shall preside at all hearings and meet-l
ings of the Board, except that in his absence, a member or associ-j
ate m(~mber of the Board, other than the Clerk, shall preside at I
:; hearings and meetings of the Board. I
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Rule 1. All appeals or petitions filed with the Board shall'
be accompanied by plans or drawings of substantial accuracy when- I
ever any question ,of area, distances, or dimensions is involved inl
'I such appeals or peti tions.
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" to hold the filing fee at $50.00.
The rules are as follows:
Rule 3. Each appeal and petition to the Board shall be in
i writing, and shall be signed by the appellant or petitioner or by
an attorney or agent for the appellant or petitioner.
Rule 5. A filing fee of $50.00 shall be paid to the Town of
Nantucket by the appellant or petitioner in all cases requiring a
public hearing by the Board.
Rule 6. Unless another period shall be prescribed by statute:
or By-Law of the Town of Nantucket, all appeals to the Board of
Appeals from the decision of any officer or Board shall be taken
within thirty days of the time of such decision.
Rule 7. Appeals or petitions to the Board of Appeals, as a
minimum requirement, shall contain the following information: the
name and address of the appellant or petitioner, the location of
and a brief description of the real property to be considered, the
names and addresses of each property owner adjoining or abutting
the property to be considered, together with the name and address
of each property owner adjoining or abutting the first abutter
(abutters of abutters) of the property to be considered and a
! brief description of the subject matter to be acted upon.
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In the matter of the petition of Towne Homes, Inc. (014-77): !
Attorney Rich~rd Glidden appeared and stated that he represents ,
I!, the petitioner who is the owner of land on Weweeden Avenue, east I
I o~ the ~irport. He state that a approval not required subdivision!
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created two lots of land being Lots 1 and 2 on Land Court
14072-B. A "road" was created fronting on both parcels.
"road" serves no other purpose and does not go beyond the
, Lots I and 2 in either direction.
Plan No.
The
edges of
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The zoning code provides that no structure shall be built i
within 35' of the front lot line. The petitioner desires to locat~
his bui lding closer to the "road" than 35 I in order to reduce the I
hazard of loss of building due to erosion.
In response to questions from the Board, Mr. Glidden stated I
that the present owner purchased the land from the subdivider and I
was aware of the conditions of the land area and was aware of the I
placement of the "road". I
Mr. Glidden stated the problem of erosion was unique to this I
:: area of the island and was unpredictable. He state the erosion an~
the uncertainty was a hardship affecting this parcel and entitled i
the owner to relief from the code. :
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The Chairman read a letter from the Planning Board, recommend1',
,i ing the petition be allowed.
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The Board voted to take a view of the property and to discuss i",
this matter at the next meeting of the Board.
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Mr. Driscoll appeared in favor of the petitioner and stated
that whether it was a permit or a variance it should be granted.
There was no opposition to the petition.
August 2, 1977:
The Board met with members Holmes, Hyde, and Bartsch present. I
After due deliberation it was determined that the subdivision!
of the parcel and the creation of the "road" and the subsequent
knowing purchase of the lot by the petitioner constituted a self-
imposed situation and does not qualify as a hardship.
Upon motion of Mr. Hyde, seconded by Mrs. Bartsch, it was un- I
animously voted to deny the petition, and the petition is DENIED.
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