The URL can be used to link to this page

Home My WebLink About031-82. , Towp of Nantucket Zoning ITu~r~i ~~j .~~~~,~nli Nantucket, Meae. 02554 ~1 ~ ~ ° ~~ i-. C ~~ /3 ~i~C'f~ ~/ZU ~l~j~ S, ~l~C ~a31- ~Z ~/ ~ T Re . ~~v~ 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 phis ~c Lion s<< ~ ~_1 ~~~~ made. pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. Kevin F. Dale, Chair~c~n NANTUCKET BOARD OF APPEALS BOARD OF APPEAL; Nantucket, !7a.ssachusetts DE(:ISIOPI: At a meeting of the BOARD OF APPEALS held on Friday, January 7, 1883, in the Town and County Buildinr;, in the matter of the application of NAPITUCKLT Br.,ACH PROPERTIES (031-82), the BOARD finds: 1. This is an application for a variance from Section V of the Zoning :9y-Law in order to convey two non-conforming; lots to an abutter without rendering the remaining non-conforming lot owned by the applicant unbuildable. The land at issue is situate in Tom Nevers, is zoned LUG-3 and requires 120,000 square feet for a minimum building lot. 2. Based on review of the applicatio^, slpporting documents and testimony at Public Hearing, the BOARD finds that the intention of the applicant to convey the subject lot to an abutter with complete building restrictions and the special circumstances relating to the non-conformin;; character, history and size of the lots at issue cause literal enforcement of minimum lot size require- ments to involve a substantial hardship to the applicant and that the requested reli;sf will not nullify the intent of Section V of the Zoning By-Law as long as the subject lots remain unbuildable. 3. For the reasons set forth, the BOARD hereby GRAN'T'S the applicant a variance from Section V of the Zoning By-Law on the express condition that the affected lots shall be conveyed to an abutter xith express deed restrictions prohibiting any building on the lots, which restrictions shall be as strictly binding on the applicant's grantee and successors in title as allowed by YJassachusetts Law, by unanimous vote. BOARD OF APPEALS Dated: Nantucket, iriass. January /~', 1983 ~ ~~~_ oo P~ ~. ~~. ~ - ~ ~~ 7 ~~ ~~ .~- .~ __ ,, 3 ~- NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, December 17, 1982, at 3:00 p. m., at the TOWN AND COUNTY BUILDING, Federal and Broad Streets, Nantucket, on the application of NANTUCKET BEACH PROPERTIES, INC., (031-82) seeking relief from SECTION 5-1 (Intensity Regulations -- Minimum Lot Size Requirements) of the Zoning By-Law in order to convey two non-conforming lots to an abutter. Property is located off ATLANTIC BOULEVARD HUSSEY ROAD, BROCK ROAD and CENTRAL ROAD (Tom Nevers) and is zoned LUG-3. ~~~ ~~- ~ ~~i~ ~ BOARD OF APPEALS Kevin F. Daie, Chairman ~* AB-i FEE $100.00 Case No. ~ ~~` - ~~ APPLICATION TO THE BOARD OF APPEALS Nantucket Massachusetts 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/Off Atlantic Blvd, Husse Rd. Brock Rd and entral oa . Lot No. 198-215 Plan No. 5004-D District is Zoned for LUG III Type of structure (Existing or Proposed) or proposed use: No. Owner's Name Nantucket Beach Properties, Inc. Owner's Address 4 Valley Road, Bronxville, N. Y. When did you acquire this property? 1969 Has application been filed at Building Department? Has any previous appeal been made? Residential No. Section of By-law or Code from which relief is requested: section y Intensity regulations -minimum lot size requirements. Reason for asking relief: Applicant wishes to sell lots 196 - 197 (totaling 10,000 sq. ft.) to Audrey Sargent, an abuttor who owns lots 216 - 219, inclusive on said plan (totaling 20,000 sq. ft.) This sale is being made with the restriction that no buildings or structures shall be placed on lots 196 + 197 and it is (over) NANTUCKET BEACH PROPERTIES, INC., By their attorney: is a .'tiTi~ ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. .~~ ~, ~ ~~ (2) Check in the amount ofr 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 r Hearing date Recision of Board Decision filed with the Town Clerk _ ` simply protection for the Sargeants. However, because the area is zoned 120,000 sq. ft., and because N. B. P., Inc. owns tfie remainder of the block, if this sale goes through, N. B". P., Inc. will be left with 18 lots or 90,000 sq. ft. as op- posed to the 20 lots or 100,000 sq. ft which they now own. Therefore, even though the 10,000 sq. ft. they are selling cannot be built upon, if N. B. P., Inc. does not obtain a variance befoxe they sell then their remaining 90,000 sq. ft. will be unbuildable because they will have taken a non-conforming lot and made it mare non-conforming by subtracting the 10,000 sq. ft. ,y ~ r TC •v+ll~' ~F r? ^ NTUCIrET hoard of !~.ppeals List of parties in interest in the matter of the petition of: `ame: Nantucket Beach Properties, Inc. ~~_! __.+.! _ add Tess: 4 Valley Road, Bronxville, N. Y. Property address: Lots 198-215 on L. C. Plan 5004-D _~~_ Roger P. Williams 51 Homestead Lane Yarmouth Port, Mass 02675 Michaell and Jean V. Perrone 132 Packet Landing Road West Barnstable, Mass Nantucket Conservation Foundation Cliff Road Nantucket, Mass. 02554 Charles E. and Olive E. Welton 6 Lyon St. Nant~icket, Mass. 02554 Sherburne Associates Zero Main Street Nantucket, Mass. 02554 George J. and Anita L. Rezendes Hooper Farm Road Nantucket, Massachusetts 02554 J. Barry Thurston 7 Vestal Street Nantucket, Mass. 02554 Robert B. McCormick 5 Pieadow Drive Fa~-etteville, N. Y. 13066 Richard H, and Kathleen Evans 5 Itiildwood Dr. Sherborn, Mass. I certify the foregoing is a list of persons lvha are owners of land abutting t'~e ,pro°~erty ;~IZd owners of land directly opposite the property on any street or way. 'iIld ~~u•ner~s of land witflin 300 feet of the property, ail as they appear on the most ece.it ~I:~k~licable TAX list. I. ate ~3sessor Town of Nantuck='t i j~ ' 1- ~. hd ~ --~~ ~ t3 ~-t -. .. ~ `~A r~ ~ •,•~~. 1 ~~~ -r Lryib '®'S 'n5 'oS .os - . QS ~ ~~ -aS vS _" r ~ h i ' •,~r i i \~ ~;~ ~ ~ ~ ~ ~ w 'H jaw "' i v: ;~, ~~, ' ; inn + ~ 96~ ~- i° ~ ° ~ ',° r ° ~~ ~, ~~~, ~ ~: 89Z G9Z OLZ rlZ ~ ZLZ £[2 ~LZ ! SLZ 9tZ LtZ ~ ~L' ' ~ ~ Z~_,A -~ a ~ V " LI'ZC 'oS -oS '~-S ' oS '~ .QS .aS 'aS i 'QS ~ 'a5 • Y 0 f. Otr -~ ~a r ~~ ly ~~ ='~ i ~" .o r a v -oS'r 'oS 'aS I •Os 'RS ~ -oS ! 'OS ' OS 'oS '05 I -R. LQ7 99Z' 592' ~ fi4Z ~ f9,Z Z~IZ ; /9Z '~Z ~ LSZ ~ [SZ i 4~ 6Sl j i1 a O ~~ ' ~ ~ t~, 67 o O ~'v Icy i ~ ~ ~ ~ L I g °~ e Q ~p ~ 8 _ P ' os i`~ .~+z ®s ' og ` s-~ '~ • og ~ ' 9aa •~ $ ' ~~ ` era I • o ! ' °S ` ~a ~0 ~ c~a osa ~ rsa •~r '~S • os 8 asa 'aS •os og ~ (~ Esa ~ 'AS '~ 8~ ssz •Q$ o ~ ~a~r ~.~~-aM soa ~Z Zi~2 /'0$ Di8 GF'2 8F2 tEd 9EZ . SFZ ~~Z £~Z ?,~d :~ ~ , . $ .ds .a .o .. .~ .o .o •es .~ ram !aZ ' 22t ' Faa ' •~'2Z ' SZZ ' 9ZZ ' 122 8z2 • r.ZZ . oEZ ~ rFa O ~±Q2~' y1~O?JS '~ •os •oS -aS 'a 'aS nS '~S 'oS o5 ~r~ 8rZ tra 9ra sr~ pia era Zrz era cvz ~aa 8uz ~ S' ~ 8 ~ . $ 8 $ ~R ~ R •'86/ •~ • 66/ ~ 002 °o ' rUZ ~ ' ZoZ $ • EvZ 8 .~1Z ~ •SOZ Q 0 ~~sZ ~ ~ _o 0 ,coz o ~o~ ,c.~ssnH -~ •ps •a5 •~ -p •os •og •oS •~,S oS-~ ~ -o-S--~ oS S6l i-6/ £6I 26r !6r d~/ 68r ~r L~ r 98/ I S81 ' #~8l $ 8 ~ ~ 8 ~ ~ $ ~ 8 8 8 ~ ; g ~ . Q 8 ~ !$ S o i8 ~ r2Ll • EL/ tp-Lr SL1 9[/ LL/ 811 f~~L/ De/ 18/ 2Bl EBl -is • os • as es ~s -es .e • os •os_ ~ J o O dO2~i S 7OH~!/V 4 =~ •s •O s 's ~oS •s -•5 •~ •K rl t D!J 69r 84! L 9r 991 59l , i+91 £9l . ?~ / 191 09/ ' ~ $ • ~ ~ ~ ~ • ~ .~;~" •o s •os •os ~ $ • ~ ~b,l 6/-1 OS1 IS1 25'I F91 f-5~ SSt 9St LS/ 8Sr 6sl •o •os bs •o •o •o ~~ ~~ /~II.~N/1 dill $ n Z ~- :~ ~~ 0 . ~~r~~c