The URL can be used to link to this page

Home My WebLink About016-82~~ ,, , Town of Nantucket ZUning 13c-nrd e- f A~-i-Palx Nantucket, Mars. 0254 July 8, 1982 Re: Nancy K. Vogel (OltS-82) z~ f~/C~-`tea 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. Robert F. Mooney, Chairman NANTUCKET' BOAA.n OF APPEALS r BOARD OF APnF.RLS Nantucket, Massachusetts T'fE?r_i Gi nn At a meeting of the BOARD OF A.PPFALS held Wednesday, June 30, 1982, in the Town and County Building at 3:00 p.m. , in the matter of the application of NAt~1CY K. VOCiEL (016-82), after due deli}neration, the Board found;` 1. This is an application for relief from the provisions of Section 5, Intensity Regulations of the Zoninq By-Law, for a lot shown as Lot 669 on Sankaty Road in an area zoned LUG III. The Applicant urges that] a change i.n the Zoning By-Law has left her with an ~ undersized lot and created a hardship. The Land involved was shown on a plan approved by the Plan- ning Board in. 1971 but was not conveyed to her unti 1976, at which time the lot had lost its five-near ~ exemption from the zoning reclu~.rements. 2. The Board finds that this lot is well under the pre sent 120,000 square feet recruirement in that area. Because the Applicant's grantor o~med contiguous property at the time of her conveyance, this lot wa unbuildable and conveyed to her at a time when i.t would not meet zoning requirements. The Board has been informed that this situation. exists with regar to several more lots in this area. 3. 'She Board may be sympathetic to the problem of the Applicant, but it cannot find legal justification fc~r the statutory hardship required to claim a. Variance. There are no conditions uneauall.y affecting this land which c1o not af_ f ect generally other lots ir_ thej district, and we find that a grant of Variance in j this instance would substantially derogate from the ~ intent and purposes of the by-law. 4. For the reasons set forth, the Applicant's request for a Variance is DENIED by UNANIN!.OUS VOTE. ~~C.~:~ ~ ~Q,~ ~.u.,... ~ ~. Q ~~~. ~~ ~'~' ~'.~zt~ ~ - ~~,Ztu~ ..~.a~ O255/J s i ~ gas-o~~ i June 4 , 19 82 Robert F. Mooney, Chairman Nantucket Board of Appeals 22 Federal Street Nantucket, Mass. 02554 Re: Variance request for Harry G. Reid and Helen Powell: Variance rec{uest for Nancy K. Vogel Dear Bob iVith reference to the above-captioned variance applic- ations, enclosed please find the following docuemnts: 1) Variance application for Reid-Powell, check in the amount of $100.00, list of abutters and abutters ofabutters, and plot plan (all in quadruplicate), 2) Variance application for Nancy K. Vogel, check in the amount of $100.00, list. of abutters and abutters of abutters, p-lot plan (all in quadrupllicate). I trust you find everything in order and would request that you schedule hearings for these applications. Very truly yours, ~.' ,..-- ~~. Richard J. Glidden RJG:kjc Encls. ~-c: Madelync G. Pcrry, 't'own Clerk NOT-ICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JUNE 25, 1982, at 3:00 P.M. in the TOh7P1 AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the application of NANCY K. VOC~EL, seeking relief from the provisions of SECTION V- INTENSITY REGULATIONS-of the Zoning By-Law. Property is located on Tom Nevers Road, and due to a zoning change, it was declared an unbuildable lot after its purchase by the applicant. Property is zoned LUG III. K~c ~ -_~ ~ `'1 ~ ~~ ~~ l~~ Z~ `tv_ ~• ~ ~_.. ..d ~~ BOARD OF APPEALS Robert F. Mooney, Chairman AB-1 Fr:E ~jQo ~~ Case No. APPLICATION TO THE .BOARD OF APPEALS Nantucket 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 Tom Nevers 12oad Lot No. 669 Plan No. L. C. #5004-30 District ie Zoned for LUG III Single Family Typo of structure (Exiatin~ or propohec~) or proposed use: R~ii~n~P Owner's Name Nancy K. Vogel Owner's Address P. 0. Box 1616, Edgartown, Aga. 02539 when did you acquire this property? . 1976 Has application been filed at Building Department? No. Has any previous appeal been made•7 No. Section of By-law or Code from which relief is requested: section y - Intensity regulations Reason for asking relief: Applicant has an unbildable lot because she urchased the lot after the area ha een zone III, and, even though it was an ap- proved lot when signed by the Planning Board, it became unbuildable by virtue of the zoning change, and because her grantor, Southeast Quarter Corp. owned contiguous property when they conveyed the lot to her. It was represented to er t e lot was ui e w en s e purc ased it but, because her deed was re- corded seven days late, the land lost its zoning exemption. Signature of applicant By her attorney ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. $loo.oo (Z) Check in the amount of ~ffiDpC~ made payable to the Town of Nantucket. (3) Map or plan ahowi~g the location of the property to be considered. i~ (4) If the applicant isother than the owner, please indicate yo~ir authority to make this application. HOARD'S DECISION Application submitted to Board Advertising dates ; (~/~~ ~ U/~7 Hearing date ____ ~ ,/ate Decision of Board ~ l~, Decision filed with the Town Clerk ~ __ `_______~_~_ .+ __. - - . --------- - ...- -----j ®®~_ ~® i >- SHEET 2 OF 2 EVERS R~. ~°~ QG~ ~~~ ~aae~ ~=T ~-AJ' ~C~ LLB S 1t:4 p ~ 67~~ i'~ ~: / ~ _.~ ~ `~ ~ 673 °`~ ~~ 61'~~5~~`~ ~ ~ ~ ~$ H f ~, j9~~~d67 / s i,3~iB',E 22de +r 65 1~,5 s`9° 26ry N °27~ . ~, 140 ~ b~ ~6 R ''~ ~ ° N ~ 669 ~~ v~ ---~ ~ ~ Z 3~ mac: e L. C No..5004 _~ 5 %~--- --~U~/~,4 Thy ` --- ~ ~6f B u'~ ~~ L'~rt~ ~y~ N' 1 O ~ , ~~ ~ 669 •., ---.~ '; w /$ ~ ~. ~~ ~~ ~ -_ ~ ~ ~. 666 ° -- 1 -- ~ ~o Z ~:: tom' `~ ~,,, ~~8~3_ ` 140, ~ c . COF~ n. ~ ,~, ~ ~ ~ ~ ~ ~ 664 ~v~ -' ° 1 $ °~~9i-F E ~ \ ~ ,~~ ~ 662 4~ ~ I ~ ti r ,,r r G 675 ~ ~ ~ ,~ P~ sir ~ h660 66/ ~ c~~t i4~y ,gb~ J ~ ~~ h` ~~ ~ 4 ~ ~ ~O '~ ~ ~ j X659 ~ ~ ~~ 1 0~ ~~' 6se ~~ ~ ~o~ , ~ 637 O~ f .~~~o . ~ ~r~8o j o ~ 4, 656, id.E h~b' c `~~~~ ~\ ~ti ~ ~ 634 655 ~ `~ i a ~, ~ ~~~ AB-1 F~:E ~ioo no Case No. APPLICATION TO THE BOARD OF APPEALS Nantucket 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 Tom Nevers Road Lot No. 669 Plan No. L. C. #5004-30 District is Zoned for Luc III Single Family Type of structure (E~iating or propohed) or proposed use: Rem; d . c . _ Owner's Naar Nancy K. Vogel Owner's Address P. 0. Box 1616, Edgartown, Ma. 02539 When did you acquire this property? 1976 Has application been filed at Building Department? No. Has any previous appeal been made? No. Section of By-law or Code from which relief is requested: Section V - Intensity regulations A licant has an unbildable lot because she urchased Reason for asking relief. PP the lot after the area ha een zone II and, even though it was an ap- proved lot when signed by the Planning Board, it became unbuildable by virtue of the zoning change, and because her grantor, Southeast Quarter Corp, owned contiguous property when they conveyed the lot to her. It was represented to er t e lot was ui e w en s e purc ased it but, because her deed was re- corded seven days late, the land lost its zoning exemption. Signature of applicant By her attorney F.TTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. ~loo.oo (2) Check in the amount of a3DX~ made payable to the Town of Nantucket. (3) Map or plan showi~g the location of the property to be considered. i (4) If the applicant isother than the owner. please indicate your authority to make this application. r BOARD'S DECISION Application submitted to Board Advertising dates Hearing date - Decision of Board ~' _ _ Decision filed with the Town Clerk' _ _ _ __ _.._______.-.__- .,, TC ;~:'T? CF T? a rTTUC'KET '~-oard of ~` ppeals List of parties in interest in the matter of the petition of: :Fame: NANCY K. VOGEL _ ~~_ _ _, address: P. 0. Box 1616, Edgartown, Mass. 02539 ~__ F roperty address: Lot 669, L. C. Plan 5004-30, Tom Nevers Road, Nantucket 1. Nantucket Beach Properties, Inc 2. Anthony €, Mary Ann Delacono 3. Donna D. McCartney 4. David B. Voorhees 5. Robert F. Reed 6. William A. Fonzi et al 7. Alan A. F, Carol Upson 8. Thomas J. Clark et ux 9. Edtivard K. Mills, Znd, et al 4 Valley Road, Bronxville, N. Y. 10708 233 Phillips Street, Hanson, Ma. 02341 314 Steiger Road, Westfield, Ma. 01085 Wauwinet Road, Nantucket, Ma. 02554 Box 221, Nantucket, Ma. 02554 17 Medford Street, Malden, Ma. 02148 169 Fenno Street, Revere, Ma. 02151 11 Wamsutta Road, Scituate, Ma. 02066 60 Prospect Avenue, Norwalk, Conn. 06850 I certify the foregoing is a list of persons who are owners of land abutting; the property and owners of land directly opposite the property on any street or way, and owners of land within 300 feet of the property, all as they appear on the most recent applicable TAX list. Late Pssessor Town of rlantucket