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Home My WebLink About001-84.. TOWN C?E NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 January 27, 1984 RE: KEVIN F. DALE and BARBARA M. DALE (01-84) Enclosed please find notice of a decision of the BO?1RD 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. y1~( rew ~ ~ ~ y , 7 Andrew J. Leddy, Jr., Chairman BOARD OF APPEALS ~/ ~' , i~F?C'T~;T(~N: ZONING B~~r'~RD ~)F T,P.1'I;T,LS Nantucket, t~i~,ssachusetts At a meeting of the ZONING BOARD OF APPEALS held on Friday January 27, 1984 in the Town and County Building in the matter of the application of KEVIN F. ,r, ~'`" DALE ` and BARBARA M . DALE ( O 1-8 4) , the BOARD f finds 1. This is an application for a Variance from Section 5.1 (Minimum Lot Size) of the Zoning By-Law and from Section 7I.4 (Merger) of the Zoning By-Law for the purpose of preserving a prior non-conforming lot and curing a marketability of Title The Lot is/ problc~l. s own as of B1 on Plan recorded in Plan Book 20, Page 91 at the ^~antucket Registry of Deeds and is situated at 42 North Lii~erty Street and is zoned R-1. 2. Based upon review of the application, supporting docu- ments and testimony at the Public Hearing, the BOARD finds that the minimum buildable lot size for the Residential - 1 zoning district is 5,000 square feet; that the instant lot contains less than 5, 000 sztz~aZ'Q feet; that this non-conforming lot existed prior to the adoption of Zoning in Nantucket; and that the owner- ship of this non-conforming lot subsequently came into the same hands as ownership of an abutting non-conforming lot for a short period (see: application of HAROLD E. RUBIN (02-84)), and the applicants do not desire to change or alter the structure or the Lot. In light of these specific findings, the BOARD finds that a literal enforcement of the Zoning By-Law would involve substantial hardship and that the desired relief may be granted without substan- tial detriment to the public good and without nullifying or substan- tially derogating from the intent or purpose of the By-Law. G j' 3., For the reason set forth, the BOARD herby GRANTS the applicants a Variance from SECTION 5.1 (Minimum Lot Size) of the Zoninq By-Law and SECTION 7I.4 (Merger) of the Zoning By-Law, by Unanimous vote. Dated: Nantucket, Massachusetts ZONING BOARD OF APPEALS January ~ 7 , 1984 -- '5~--.Q-~~ --~ . ~~ ~ ~ w~ r. ANbRE47 J/. LEDDY, JR. , arm n LLL--- ~' L LE L ICKARD INDA WILLIAMS -2- ~TnmTr~~ A Public Hearing of the BOARD OF APPEALS will be held On FRIDAY, JANUARY 27, 1984 at 1:30 P.M. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of KEVIN F. DALE and BARBARA M. DALE (001-84) seeking a VARIANCE under SECTION 5.1 (minimum lot size requirements) and SECTION 7(I)(4) of the Zoning By-Law (reversion to a non-conforming use). If granted, Applicants would cure a defect as to the marketability of their title to property. No change, alteration or modification of the existing structure or lot owned by the Applicants is contemplated. The property is located at 42 NORTH , LIBERTY STREET, NANTUCKET , and is zoned RESIDENTIAL - 1. BOARD OF APPEALS Andrew J. Leddy, Jr., Chairman Q.CQ~~~ 5~~~ ~ 3 ~~~~~{- ~- . o ~ ~~ '---------_-.- - -- - i~rn~~~r~ r • TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 January 27, 1984 RE: KEVIN F. DALE and BARBARA M. DALE (O1-84) 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. 7 Andrew J. Leddy, Jr., Chairman BOARD OF APPEALS 1: J ZONING BOARD OF APPEALS Nantucket, Massachusetts t)F.CISTnN: At a meeting of the ZONING BOARD OF APPEALS held on Friday January 27, 1984 in the Town and County Building in the matter of the application of KEVIN F. DALE and BARBARA M. DALE (01-84), the BOARD finds: 1. This is an application for a Variance from Section 5.1 (Minimum Lot Size) of the Zoning By-Law and from Section 7I.4 (Merger) of the Zoning By-Law for the purpose of preserving a prior nan-conforming lot and curing a marketability of Title The Lot is/ problen. s own as of B1 on Plan recorded in Plan Book 20, Page 91 at the Nantucket Registry of Deeds and is situated at 42 North Liberty Street and is zoned R-l. 2. Based upon review of the application, supporting docu- ments and testimony at the Public Hearing, the BOARD finds that the minimum buildable lot size for the Residential - 1 zoning district is 5,000 square feet; that the instant lot contains less than 5,000 s;~tx~arQ feet; that this non-conforming lot existed prior to the adoption of Zoning in Nantucket; and that the owner- ship of this non-conforming lot subsequently came into the same hands as ownership of an abutting non-conforming lot for a short period (see: application of HAROLD E. RUBIN (02-84)), and the applicants do not desire to change or alter the structure or the Lot. In light of these specific findings, the BOARD finds that a literal enforcement of the Zoning By-Law would involve substantial hardship and that the desired relief may be granted without substan- tial detriment to the public good and without nullifying or substan- tially derogating from the intent or purpose of the By-Law. L 3.. For the reason set forth, the BOARD herby GRANTS the ~licants a Variance from SECTION 5.1 (Minimum Lot Size) of the Zoning By-Law and SECTION 7I.4 (Merger) of the Zoning By-Law, by Unanimous vote. Dated: Nantucket, Massachusetts January ~ 7 1984 '~Q~SL~.,,..~ ~ vw-.c Z~ ~`~~~ ~- -~ . ~~ ~ b w..~ ZONING BOARD OF APPEALS e ~ r, AN RE J. LEDDY, JR., a'rm n ~/ ~ ~ r ,~ ~ L, L ~ LE L ICKA~RD .' INDA WILLIAMS -2- ~ • • ~5 On November 5, 19.71, the Nantucket Planning Board endorsed a plan showing the applicants' property (Lot B) with the legend "Approval Under the Subdivision Control Law Not Required." Lot B contained 4,716 square feet, more or less. ,The Plan was recorded at the Nantucket Registry of Deeds in Plan Book 17, Page 126 on December 3, 1971. Because the plan was filed before the effective date of the Nantucket Zoning By-Law, Lot B was exempt from the intensity regulations set forth in Section 5.1 of the Nantucket Zoning By-Law. Lot A on said Plan, containing 4,007± square feet was also exempt from the minimum lot size requirements set forth in the By-Law. (A Copy of the 1971 Plan is annexed hereto as Exhibit "A". On July 6, 1977, Quentin H. Dietz purchased subject Lot B. On May 15, 1979, Quentin H. Dietz also purchas~ Lot A as shown on the annexed plan. Thereafter, Mr. Dietz submitted a new plan to the Nantucket Planning Board for ANR endorsement. The new plan changed the square footage of each of Lots A and B. slightly. Subject Lot B was increased in size by 28 square feet, and Lot A was decreased in size by 28 square feet. This new plan was approved by the Nantucket Planning Board and recorded at the Nantucket Registry of Deeds on November 29, 1979 in Plan Book 20, Page 91. ( A copy of the new 1979 plan is annexed hereto as Exhibit "B"). On December 7, 1979, Mr. Dietz sold Lot Al to Harold E. Rubin. On November 5, 1981, Mr. Dietz sold subject Lot B1 to the Applicants, Kevin F. Dale and Barbara M. Dale. ,:----~. • yyyK..~~~ 1 AY-1 FEE :r I~~~.u0 Case I~Io. Q ~ ~ - ~'~ APPLIC~~TION TO TiiE .HOAt~,D OF APg'EALS ~.J Nantucket P~!assachuseLts To the I~'iembers of tie Board of Appesls: The undersigned hereby applies for relief from the terms of the (ZONING I3Y-LAW) (BUILDING CODE) on property described below: Location of Property 42 North Liberty .Street Lot No. Tax Map 41 . Parcel 262 Plan N®• District is "Coned for RESIDENTIAL-1 Type of structure (Existing or Proposed) or proposed use: no_chanaP Owner's r?axne K~TN E` 1~AT.F,, and Rnu un M --- Owner's Address 42 North Liber~Street, Nantucket MA Q S5~ -__ When did you acquire this property ? November , 1981 _ _ ~~, Iias application been filed at Building Department? NO .~ - - '=~ Has any previous appeal been made•`t _ NO Section of By-law or Code from which relief is requested: Sections 7I.4 and 5.1 of the 1982 Nantucket Zoning By-Law Reason far asking relief: Applicants seek a variance, or,s in. thg _ alternative, other zoning relief to cure a technical zoning violation which affects adv sPl~ t-hP markp~h~~ i.~.T-of-~~~-_ to the subject property. Said property contains-.4,744± square feet. (See annexed detailed explanation) ATTACH: ~~p~e7 6 ~~ ~' ?~-- Signature cf applicante~~~~ - . ~L 3~fs'3 (1) A list of the names and addresses of. each abutting ow e _ and owner abutting the abutters. ~} ~Or {J~ (2) Check in the amount of made payable to the Totvn of Nantucket. (3) Map or plan showing the location of the property to be considered. (4) If the applicant is other than tree owner, piease indicate yo~ir authority to make this application. ~g~ BOARD S DECISION •• ~ Qr'~1 n~ 3tion submitted t Board ~/,~ sing dates / „Z ~ y ____ date / ,~ 7 y of Board'" fled with the Town CI9rk „. Technically, Mr. 'Dietz owned two non-conforming lots (Lots A and B) for the period from May 15, 1979 to December 7, 1979, approximately six months. 'Section 7I.4 of the By-Law provides that once changed to a conforming use, no structure or use shall be permitted to revert to a non-conforming use. In addition, by submitting a new redivision plan to the Nantucket Planning Board in 1979 for ANR endorsement, Mr. Dietz changed the actual area dimensions of Lot A and Lot B. Since both Lots are non-conforming as to area requirements in the R-1 zoning district (5,000 sq. ft.), Mr. Dietz created new non-conforming lots notwithstanding the fact that such lots were non-conforming and exempt from the zoning by law by virtue of the 1971 plan. The Applicants seek a variance from the Board to cure these two technical zoning problems. The Applicants do not intend to alter, extend or modify in any way the existing structure on Lot B. It is the Applicants' contention that these zoning problems affect adversely the marketability of their title tb Lot B. By granting the Applicants their requested zoning relief, the Board would make their title to Lot B marketable. The Applicant's are entitled to a variance on the ground that due to circumstances relating (which especially affect Lot B but lots in the R-1 zoning district by Lot B was grandfathered and exempt based on the recording of the 1971 of the zoning by-law would cause to the shape of their lot do not affect generally virtue of the fact that from the zoning by-law plan), a literal enforcement .he applicants a substantial ~, hardship. The Applicants purchased subject Lot B in good-faith. Since their predecessor in titlercreated these technical zoning problems, and both Lot B and Lot-A are now owned separately, there is no feasible way for the applicants to cure these zoning problems without relief from the Board of Appeals. Moreover, by granting the Applicants their requested relief, there will be no substantial detriment to the public good and the relief may be granted without undermining the intent of the zoning by-law, especially since the applicants in no way desire to change, alter, extend, or modify Lot B or the existing house on the lot. The purpose of this application is to render title to Lot B marketable only. The applicants respectfully request this Board to grant them their requested relief. ti :r t /.~ . ~' ~ y~ 1~ ~1 ~~ ~«~ .•- ~s ~~ ;~ .,. ~/ d~r• ~~~~ ~ ~or~ h o~f~ ~~,~ '" ~ s ,,,~s~ ~~, ~~ a3 ~ / ~ ~ ~ ' ~~ ~#~C~;iV1°'D AN'~ ENT~REb W1TN NAN'IaGK~T ~~tl~~lTi' ~EECJ! ®OOK 4Of i~trMM -vA ~ ~ ~.~~A4i~''~"~ ATP I~Tfir~R •~}, prrsrr~,/ t~ra~r ~ ,~~~v/s~iar~ ~~ ~ ~ '~~t~ra~t+rN I .x ~ "~ `' i_ •. „~ t. ..~1 ""~. s ~~ °~ ..~~• ~+c~ '~ ~~ ~.,y ,.~ ~'Lfy ~!~." ~±~ ~=' .~ ''•E'.i1 ~~ o~ E+, ~ •, , 1 ,'~ c. a, ;1.~._ ~;} ., :; ~ - . , r1'~~'v+r++' .~ ,.~i l PLAN of LAND ;~ NANTUC`fET Ca~s~o.~ce E. Oriscol/ ESSEX .BEY .~~~CE /~1lC. .E, Feed •S'~wrf ~I'adrss^i ~~~/~ /T ``1~ `' .a ~.~ _ _ _ ~ i~~ i~p; c .,•,,,, ~, `~ - .. ''loc~~t~ `, ;t ._ t:: ~ ~'r~Mf/h ~T. ~!' Locv.,7.~,~- s~,i~. - r ~• s rnoo ~~ .~~ ~` A~ta,~orovv~/ vr~+ddr ~e .~'u~dr~i.~ior~ Cr?~'1'.ro/ Ld~r n~f r~uirard urrdir ~,~ '~`-`-r ti h V z 0 1 ~~ w o"~Y~ /~ / ~~r~~!/ tho't 1~iis ,o%rr ,r,~,~,s ,vre~c~r~o~ rim dtcorddr~c~ with ~i! ~f'c~/.~s ar~o' .t~'u/~t'iorrs ~ ~ ~E'e9i~/er3 0~ f>te~ds. /l/ori. /4 X979 ,Dc4.~•l /• -~.tszge~t- f+or ,c~sisse r or ov.~as mss awe y MOV ~ 91979 /c7; w r5~r~~ RECEIVED AND ENTERED WITH lIAN1UCKET CCIUNTY DEEDS BlO7O/K OF. KLAN !~ ~ `~~ AGE--~---- ~,,,. A G~'rE'r,~a,~ e~ reo'ivrsrorr o,~' Lor`,3 .9 f'`B ~.z ~,~owrr on ~/drr b E~•seX .svr~e~~ .Scryice, /rrc. ~d ~cord~d i~ .~tl,~ifvc~Fet Courr~ rPe9r.1y`ry a~' fit A.v o.~ L ~.vo .,~ ~'roocr~`y off' Q d./~it/T/.t,/ ~. O/~ T Z SCd/e.• - 1 "= 30' ,t/o!/. /~?, /979 F.ssEx .~vc!/E i~ S~.e~vic~, /.vc. 47 Federg/ .5trce~`, Sa/crr~, /Y1a . ..376 .~ rTnmTr~~ A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JANUARY 27,,.1984 at 1:30 P.M. in the TOWN AND COUNTY E~UYLDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of KEVIN F. DALE and BARBARA M. DALE (001-84) seeking a VARIANCE under SECTION 5.1 (minimum lot size requirements) and SECTION 7(I)(4) of the Zoning By-Law (reversion to a non-conforming use). If granted, Applicants would cure a defect as to the marketability of their title to property. No change, alteration or modification of the existing structure or lot owned by the Applicants is contemplated. The property is located at 42 NORTH LIBERTY STREET, NANTUCKET , and is zoned RESIDENTIAL - 1. BOARD OF APPEALS ~r!'~ raw ~. ~. ~ r.- Andrew J. Leddy, Jr., Chairman