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HomeMy WebLinkAbout002-84,;f - ~~~ - ~~ ~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 January 27, 1984 RE: HAROLD E. RUBIN (02-84) 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. ANDREW J. LEDDY, Jr., Chairman BOARD OF APPEALS ZONING BOARD OF APPEALS Nantucket, Massachusetts T~F. f'. T ~ T (7N At a meeting of the ZONING BOARD OF APPEALS held on ~.~~ Friday, January 2~, 1983 in the Town and County Building in the matter of the application of HAROLD E. RUBIN (02-84), the BOARD finds: 1. This is an application for a Variance from Section S.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 ~Iot prior non-conforming and curing a marketability of title problem. The lot is shown as Lot 1 on Plan recorded in Plan Book 20, Page 91 at the Nantucket Registry of Deeds and is situated at 40 North Liberty Street and is zoned RESIDENTIAL - 1. 2. Based upon review of the application, supporting documents 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 square feet; that this non-conforming lot existed prior to the adoption of Zoning in Nantucket; and that the ownership 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 KEVIN F. DALE and BARBARA M. DALE (01-84)), and the applicants da 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 substantial detriment to the public good and without nulli- fying or substantially derogating from the intent or purpose of of the By-Law. 3. For the reason set forth, the BOARD hereby GRANTS the applicants 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~~ 1984 ~ .Q D ~~~ ZONING BOARD OF APPEALS e ~ ~Y ANDREW J. LEDDY,~ JR., C irman L LE L. RICKARD ,~ L NDA WILLIAMS '" ` -2- TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 January 27, 1984 ;::.. RE: HAROLD E. RUBIN (02-84) 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. 11~ reCV ~ " y. ANDREW J. LEDDY, Jr., Chairman BOARD OF APPEALS ZONING BOARD OF APPEALS Nantucket, Massachusetts DF.CTSTnN At a meeting of the ZONING BOARD OF APPEALS held on Friday, January 28, 1983 in the Town and County Building in the matter of the application of HAROLD E. RUBIN (02-84), 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 non-conforming and curing a marketability of title problem. The lot is shown as Lot 1 on Plan recorded in Plan Book 20, Page 91 at the Nantucket Registry of Deeds and is situated at 40 North Liberty Street and is zoned RESIDENTIAL - 1. 2. Based upon review of the application, supporting documents 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 square feet; that this non-conforming lot existed prior to the adoption of Zoning in Nantucket; and that the ownership 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 KEVIN F. DALE and BARBARA M. DALE (01-84)), 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 substantial detriment to the public good and without nulli- eying or substantially derogating from the intent or purpose of } t of the By-Law. 3. For the reason set forth, the BOARD hereby GRANTS the applicants 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 Z? , 1984 ~~d . ~1~~~~ ~~ ~.. ~ ~~ ZONING BOARD OF APPEALS A e ~ ~~y ANDREW J. LEDDY, JR., C ir~an ~% L L L. RICKARD ~~ ~. ; L NDA WILLIAMS -2- .. AB-~ ` _ FEE $ 10U , 00 ~ Case No. ~O~ - - APPLICATION TO THP 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 40 North Libgr„~,v Street, Nant_uckPr Ma ~-554 Iaot No. Tax Map 41, Parcel 263 Plan No. Plans annexed District is Zoned for RESIDENTIAI Type of structure (Existing or Proposed) or proposed use: no change Owner's 1`?ame HAROLD E . RUBIN 0 Owner's Address ~~$ East Greenwich Road Loner Pa~~ TMQ ~~9b When did you acquire this property? December 7 , -1979 y``t.,,~ Has application been filed at Building Department? No ~~ ~.~-Has any previous appeal been made? ~~ __ Section of By-law ar Code from which relief is requested: Sections 7I.4 and 5.1 of the 1982 Nantucket Zoning By-Law. Reason for asking relief: 9•pplicant seeks a variances, ~~,,, _.~ n the - alternative, other zoning, relief to cure a technical zoning violation which affect adversely the marketability of title to the subject property. Said property contains 3,979± squarg_feet. (See annexed detailed explanat•on CHRISTOPHER HOLLAND, ~igt~ature of applicant , . _ . Agent for Harold E. Rubin ATTACH: (1) A list of the names and addresses of each a~~utting owner. and owner abutting the abutters. ~ pp,0~ (2) Check in the amount of made payable to the Town of Lo~iCS ~ Nantucket. ~~ (3) Map or plan showing the location of the property to be 1 %~ considered. (4) If the applicant is other than the owner, please indicate yo~ir authority to make this application. BOAI'tD'S DF,CISION ~~~'~~ Q`n (~ ~~~ ~~~~~ .-, P.pplication submitted to, L~oard_~_/ F, dvertising dates ~ ' Ifiearing date L7 Iecision of Board __ Decision filed wit i the Town Clerk _ ~_____..__..__...___ .--. „. On November 5, 1971, the Nantucket Planning Baord endorsed a plan showing the applicant's property (Lot A) with the legend "Approval Under the Subdivision Control Law Not Required." Lot A contained 4,007 square feet, more or less. The Plan was record~a 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 A was exempt from the intensity regulations set forth in Section 5.1 of the Nantucket Zoning By-Law. Lot B on said Plan, containing 4,716± 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 Lot B. On May 15, 1979, Quentin H. Dietz also purchased subject 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 A was decreased in size by 28 square feet, and Lot B was increased in size by 28 square feet. This new plan was approved by the Nantucket Planning board and recorded at the i~antucket 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 the Applicant, Harold E. Rubin. On November 5, 1981, Mr. Dietz sold Lot B1 to Kevin F. Dale and Barbara M. Dale. „. 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 an 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 technically 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 Applicant seeks a variance from the Board to cure these two technical zoning problems. The Applicant does not intend to alter, extend or modify in any way the existing structure on Lot A. It is the Applicant's contention that these zoning problems affect adversely the marketability of ~. his title to Lot A. By granting the Applicant his requested zoning relief, the Board would make his title to Lot A marketable. The Applicant is entitled to a variance on the ground that due to circumstances relating (which especially affect Lot A but lots in the R-1 zoning district by Lot A was grandfathered and exempt based on the recording of the 1971 of the zoning by-law would cause t to the shape of his lot do not affect generally virtue of the fact that from the zoning by-law plan), a literal enforcement ze applicant a substantial „. .. hardship. The Applicant purchase subject Lot A in good faith. Since his predecessor in title created these technical zoning problems, and both Lot A and Lot-B are now owned separately, there is no feasible way for the applicant to cure these zoning problems without relief from the Board of Appeals. Moreover, by granting the Applicant his 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 applicant in no way desires to change, alter, extend or modify Lot A or the existing house on the lot. The purpose of this Application is to render title to Lot A marketable only. The applicant respectfully requests this Board to grant him his requested relief. ~1 !. ~ ~~ .,~ •. :~ ~ '~ ~ ~~ h ~r~ *~ o ~ ~ .~ .. f P 1 ` •S ~~ T •. r~~ N~ (1, f i ~S-. dl.~` ~ ..- Aft'/'d + ~~ 1 ~ ~, ~~e. ~ ~t ~ ~ -z~ RC~iEI'J~p A~10 Fi4T~p W!fi'H N''11``NQe1"UCK~~L~?' CC9Utt`fV gB//~~~1~~i3 /~11QOK 0~ ~Md~,l ~M~~l*ti.15.....i.~.. 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