HomeMy WebLinkAbout005-81Re:
Zoning Bu~rd u f A/-~-ealx
Nantucket, Masa. 02554
March 12, 1981
Town of Nantucket
Robert M. Elliott (00581
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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.
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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.
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BOP_RD OF APPEALS
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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
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Robert F. Mooney, Chairman
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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.
BOARD'S DECISION
P pplication submitted to Board
Advertising dates ~7. ;~ ..- ~
f-fearing date ~ g °~., ~
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Iecision of Board
Decision filed with the Town Clerk
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