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Town of Nantucket
Zoning Bunrrf u f ~,r~renlr
Nantucket, Maee. 02554
July 8, 1982
Re:
Atlantic Proper ties (015-82)
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Enclosed please find notice of a decision of the
BOARD OF APPEALS which haB 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 BOARn OF APPEALS
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BOARD OF AnPEALS
ATantucket, A~assachusetts
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Decision:
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At a meeting of the BOP.RD OF P.PPFPLS held ta~ednesay, f
June 30, 1982, in the Town and County Buildinc? at 3:00
p.m., in the matter of the application of ATLANTIC 1
PROPERTIrS (015-82), after due delireration, the Board
found ;
1. This is a petition for a Variance from the provision
of Section 5 to determine the buildability of an
under-sized lot located on Sheen Pond Road in an
area zoned LUG II. The Petitioners argue that the
lot shown as Lot 3 on a plan in Plan Book 2.1, Page
21, which now contains 72,382 square feet, would
meet the 80,000 square feet requirement if the lot
included Sheep Pond Road, and. that the taking o.f this
road created a hardship.
i
2. The Petitioners purchased this property in 1981_. 'T'ht
recorded plan contains the following legend: "Lot 3
doesn't meet zoning renuirements for area and,
therefore, is unbuildable." "'b.e Petitioners were ~
aware of this when they purchased the property and{
cannot claim now that the takinct of Sheen Pord Road (i
in 1971 created a hardship. T~~ese facts are ~
insufficient in law to satisfy the statutory rec~uireE
ments for a hardship and Variance. I
3. For the reasons set forth, the Applicants' r_ec?uest
for a Variance is DENIED by UNPNIT~^niJS VOTE .
NOTICE
`\
A Public Hearing of the BOARD OF APPEALS will be held
FRIDAY, JUNE 25, 19$2, at 3:00 P.M., in the TOH1N AND
COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET,
on the application of P_TLANTIC PROPERTIES, seeking
a variance from SECTION V-INTENSITY REGULATIONS-of the
Zoning By-Law in order to determine the build ability
of an undersized lot. Property is located on Sheep
Pond Road and is shown as Lot 3, Plan Book 21, Page 21,
and is zoned LUG-2.
~.~-~vQ~ Robert F. Mooney
~~...~-,~, 3 ,`°t~zC l0` ~~ ~,,,...., Chairman
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AT3.1
FEE
Case No.
APPLICATION TO THE BOARD OF t?.PPEALS
To the Members of the Board of Appeals:
Nantucket ~ ~ (~ ^ ~! v
The undersigned hereby applies for relief from the terms of the .
(ZONING BY-LAW) (BUILDING CODE) on property described below:
" Location of Property ~eP Pond Road Tax man 63 , Parcel 28 - -
Lot No. 3
Plan No. Plan boolc 21, pp,. 21 _
District is Zoned for
Type of structure (Existing or Proposed) or proposed use:
Owner's Name ~~ Andre LeZ~aitre ~ Atlantis P ernes Inc. ___
Old Petershar,~ Road, Hard~a:ick, Piss . Q1~37
Owner's Address
VJhen did you acquire this property ?
Has application been filed at Building Department? PS _
Has any previous appeal been made?
No
Section of By-law or Code from which relief is requested:
ion
Zi~te~si~y R,egulatic~rL . --- - _
Reason for asking relief: To make lot three a~ar~*° ~^~ ~"~^ ~ tali p ~ ~'"
the three lots shown could have an average area of well over $O,000s.f.
as the amership original 1y went to the centerline of thew and that
assistant aan course as a at is part o the property has
to be considered for zoning puzposes .Therefore the tc~m created a
Signature of applicant ,~~ , , f ~'-~'" ~ .~~
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ATTACH: (1) A list of the names and addresses of eacl'4~"abutting owner
owner abutting the abutters.
~s,,..~ (2) Check in the amount of-~5t3:'8fl'made payable to the Town of
/ - A ~ Nantucket.
$,P,~a-
~e„~.~-.c-~ (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
Applicationrsubmitted to Board
Advertising dates C,~io -- ~/~7 - -
Hearing date ~ !~ /~~ ~
I;ecisivn of Board _ '~ _
Decision filed with the Town Clerk ~ ~ ___„_~_~,__~_ _~__ _.___
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