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HomeMy WebLinkAbout005-81Re: Zoning Bu~rd u f A/-~-ealx Nantucket, Masa. 02554 March 12, 1981 Town of Nantucket Robert M. Elliott (00581 ~o~r~~ 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. _~- a~ Robert F. Mooney, Chairman NANTUCKET BOARD OF APPEALS BOARD OF APPEALS Nantucket, Massachusetts At a regular meeting of the BOARD OF APPEALS held on February 25, 1981, at 3;00 P.M. at the TOWN AND COUNTY BUILDING-, in the matter of the application of ROBERT M. ELLIOTT (005-81), after due ~. deliberation, the Board found: j 1. This is an application for relief from the provisions of the Regularity Factor contained in Section 5.4 of the Zoning By-Law in order to permit the division of a lot in the Tom Nevers area into two lots. The Applicant purchase this property in 1979, as Lot 720 on Land Court Plan No. 5004-42. It is zoned LIMITED USE '~ GENERAL 3, requiring a minimum lot area of 120,000 square feet. He attempted to divide that lot in 1979, but the area proved insufficient and a variance of the area requirement was denied in Case No. 025-79. This petition addresses a different section of the By-Law and presents a different problem for consideration. 2. After his first unsuccessful attempt to divide this lot, the Applicant had his property re-surveyed by a professional engineer, and it was determined that it had gained sufficient area by accretion to constitute two building lots under the Zoning By-Law. He, thereupon, submitted a plan to the Planning Board on April 20, 1980. However, on April 1, 1980, the Town Meeting amended the By-Law by inserting Section 5.4 with a Regularity Factor designed to prevent irregular lots havinq minimum frontage and maximum density, the infamous "pork-chop lots." Due to the shape and topography of his land, the zoning amendment again defied division of his property. 3. The Board finds this is an unusual case which requires some relief from the rigors of the Zoning By-Law. The Applicant has proceeded in good faith, with a little help from nature, to divide his property into two parcels. We find the purpose and intent of Section 5.4, adopted in 1980, was to prevent the sub- division of land into multiple lots having inadea_uate frontage on an approved way. ~n this case, only two lots would be created, and the frontage would be subject to the further consideration by the Planning Board. We, therefore, find that owing to the special circumstances of this case, and the shape and topography of this land, which circumstances especially affect this land and do not generally affect the rest of the zoning district, a literal enforcement of the provisions of Section 5.4 would involve sub- stantial hardship to the Petitioner, that relief may be granted from the Regularity Factor without substantial detriment to the public good and without substantially derogating from the intent and purpose of the By-Law. 4. For the reasons set forth, the application for relief from the provisions of. the Regularity Factor, Section 5.4, in relation to the division of Lot 720 on Land Court Plan No. 5004-42, into two lots, is granted by unanimous vote, subject to the further action of the Planning Board. ~~s~~~~ ~5 - BOP_RD OF APPEALS ;~~.~ , .r a'~ ~ ~. ~~~ ~~ ~.Q s.~ ~• BOARD OF APPEALS A Public Hearing of the BOARD OF APPEALS will be held FRIDAY, FEBRUARY 13, 1981, at 3:00 P.M., in the TOWN AND COUNTY BUILDING, FEDERAL AT1D BROAD STREETS, NAN'T'UCKET, on the application of ROBERT M. ELLIOTT for relief from SECTION V - INTENSITY REGULATIONS - and SECTION IV - REGULARITY FACTOR - to permit the division of lot: into t~~o building lots. Said property is located on LOW BEACH ROAD, TOM NEVERS, and is zoned LUG-IIT. BOARD OF APPEALS '~~~ ~`~~~~~ ~ ~~ ---C- o.,.,.._-_ ~~ Robert F. Mooney, Chairman ~~B-1 Od5 .. FEE Case No. ~~,,.. ~ /~ - AF'PLICATIC~N TO THE BOARD OF APPEALS Nantucket 1/12/81 To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the . - '~ - (ZONINC BY-LAW) (BUILDING CODE) on property described below: Location of Property Lot 720, Low Beach Road, 'I~Cm Nevers, Nantucket Lot No. 720 Plan No. L.C. 5004-42 District is Zoned for LUG 3 Type of proposed use: ~s;~P„t;a~ Owner's 1\?ame Robert M. Elliott Owner's Address 8 Pinegrove Road, MArlborough, Connecticut 06447 When did you acquire this property? March 9, 1979 Has application been filed at Building Department? Ha.s any previous appeal been made•?yPC_~,;+-~r,~y,,„ ~~~,~~,~,.~ p~~.7~~---- Section of By-law or Code from which relief is requested: ~r+,.icle 12 Paragraph d Section 5 -intensity Regulation 4. Regularity Factor c.2. Reason for asking relief: Change in foxmulas cor~utation has caused me a hardship and prevent me from dividing my lot which division otherwise is possible. Signature of applicant ~~ ''(~ • ~ 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. 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