HomeMy WebLinkAbout014-81Re:
April 24, 1981
Town of Nantucket
ZonenLq l3uard ~- f ~1l,l,e~lx
Nantucket, Masc. 02554
Jane T. Iamb (OI4-81)
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Enclosed please find notice of a decision of the
BOARD OF APPEALS which has this day heen•filed with
the Town Clerk.
Any appeals from this action shall he 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
N1INTUCKET BOARD OF APPEALS
BQ~~D CiF' APPF.AIxS
Nantucket, Massachusetts
DF~CISIC~N:
At a meeting ~ the BQARn CEO' APPFALS held Friday, April 10, 1981,
in the Tt'V~JN FIND COL1N'i'Y BUILDII~IG at 3:00 p.m. , in the matter of the
application of JANE T. LAMB (014-81), after due deliberation, the
Board found:
1. This is an application for relief fran the provisions of
SDCTION V, frontyard setback, of the Zoning By-T~aW, to permit
the construction of a house on a lot on Atlantic Boulevard in the
Teen Nevers District of the Island. The lot is shoum as Lot 124
on Land Court Plan 5004-D, and is 7500 square feet in an area
zoned far 1?.0, 000 sr. feet. It does, haaever, exist as a builra-
abl.e lot on a recorded plan and the Petitioner owns no adjoining
land. This application arises Fran an interpretation of the
Building Inspector that the lot fronts on Atlantic Boulevard,
where it has 150 feet on frontt~e~e, with 50 feet of depth along
p.~cY Road. This would recruire a setback. of 35 feet frontage arri
10 feet in the rear, resulting in a house 5 fE~et deep. All other
adjacent lots could use Macy Road for frontage and avoid this
problem.
2. The Board finds this Lot 124 to be an existing building lot
under the provisions of Section V of. the By-Law. It was
acc_*uired by inheritance in 1962 by t_he Petition'who owns no
adjoining land. Atlantic Boulevard is a partially paved road, in
poor repass, and,vrovides adecruate access to this and other lots.
If the literal rectuirements of the 35 foot frontyard setback is
ing~ose~, the lot will be suitable only for building a dwelling
5 feet deep on the lot.
3. The Board finds that owinct Ito circ~unstances relating to the
shape and topography of this land, and especially affecting such
land but not affecting generally the zoning district in v~.~.ich it
is located, a literal enforcement of the provisions of the By-Iaw
would involve substantial hardship to the Petitioner, specifically
by depriving her of the right to use this land for normal residen-
tial construction, and that desirable relief may be granted with-
out substantial detriment to the public good and without nullify-
ing or substantially derogating fran the intent and pur;~ose of the
B_y-Law.
4. For the reasons set forth, the petition far a variance fran
the front_yard setback recruisements of Gection V of the By-Iaw
far Lot 124 on Lard Court Plan ~To. 5004-D, is granted by unanimous
vote, with the reduction of such setback to ten feet, arx3 the
further provision that only one dwelling k~e constructed on this lot.
BOPP.D OF ~PPE1\LS
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ice.
NOTICE
A Public Hearing of the BOP_RD OF APPEALS will be held
on FRIDAY, APRIL 3, 1981, at 3:00 P.M., at the TOFJN
AND COUNTY BUILDING, FEDERAL AND BROAD STREETS,
NANTUCKET, on the Petition of JANE T. LAMB for relief
from the provisions of SECTION 5 of the By-Law,
FRONTYARD SETBACK, to permit the construction of a
dwelling house. The property is located on Atlantic
Boulevard in Tom Nevers district, Lot 124 on Land
Court Plan No. 5004-D, and is zoned LIPnITED USE
GENERAL 3.
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~ < <e ~~~ BOARD OF APPEALS
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Robert F. Mooney, Chairman
A13-1
FEE Case No.
' APPLICATION TO THE BOARD OF APPEALS
Nantucket Parch 9, 1981
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 Atlantic Boulevard, Tom Nevers
Lot No. 12 4
District is Zoned for LUG-III
Plan No. L. C. 5 0 0 4 -D
Type of structure (Existing or Proposed) or proposed use: dwelling house
Owner's r?ame Jane T. Lamb
+Dvmer's Address
Wauwinet Road, Nantucket, PEA
When did you acquire this property? inherited in 1962
Has application been filed at Building Department?
yes
no
Has any previous appeal been made?
Section of By-law or~Code from which relief is requested:
Section V - front yard setback
(150 x50)
Reason for asking relief: Petitioner owns an isolated lot/of 7500
square feet, fronting on Atlantic Boulevard with 50 foot
depth; Section 5 requires 35 foot front yard set-back, which
wi n
deep unless relief is granted. Hardship exists due to shape
Signature of applicant
ATTACH; (1) A list of the names and addresses of each a utting 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 ie other than the owner, please indicate your
authority to make this application.
BOARD'S DECISION
Application submitted to Board
Advertising dates
Hearing date ~
Recision of Board
Decision filed with the Town erk ,
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NOTICE
A Public Hearing of the BOP.RD OF APPEALS will be held
on FRIDAY, APRIL 3, 19$1, at 3:00 P.M., at the TOFJN
AND COUNTY BUILDING, FEDERAL RND BROAD STREETS,
NANTUCKET, on the Petition of JANE T. LAMB for relief
from the provisions of SECTION 5 of the By-Law,
FRONTYARD SETBACK, to permit the construction of a
dwelling house. The property is located on Atlantic
Boulevard in Tom Nevers district, Lot 124 on Land
Court Plan No. 5004-D, and is zoned LIMITED USE
GENERAL 3.
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3 ~l~~l BOA.RD OF APPEALS
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Robert F. Mooney, Chairman