HomeMy WebLinkAbout061-84r
Y ,
o`��NTUC1ftr TOWN OF NANTUCKET
BOARD OF APPEAL
°qP RA„E,..,�' NANTUCKET, MASSACHUSETTS 02554
Sept. 28, 1984
Re; ISLAND HOTELS COMPANY (061 -84)
Enclosed, please find notice of a decision of the BOARD
OF APPEALS which has this day been filed with the Town
Clerk.
Any appeal 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.
Ly le L. Rickard, Chairman
BOARD OF APPEALS
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
Friday, August 17, 1984 at 1:30 p.m. in the TOWN AND COUNTY
BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application
of ISLAND HOTELS COMPANY (061 -84) seeking a VARIANCE under SECTION
5.1 (intensity regulations) of the Zoning By -Law. If granted, the
Applicant would be able to cure a technical zoning violation
which adversely affects the marketability of title to property
located at 5 SEA STREET, LOT 2, Plan Book 20, page 45, which is
zoned LIMITED - COMMERCIAL.
e e L. Rickard, Chairman
BOARD OF APPEALS
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
DECISION:
At a meeting of the BOARD OF APPEALS held at 1:30 p.m. Friday
September 14, 1984 in. the Town and County Building, Nantucket, in the
matter of the Application of ISLAND HOTELS COMPANY (061 -84), the
Board finds:
1. This is an Application for a VARIANCE pursuant to Section
7H granting relief from Section 5.1 (intensity regulations) of the
Zoning By -Law. The Applicant seeks a Variance to cure a technical
defect which arose when the subdivision of the original lot pursuant
to the subdivision control law, created a non - conforming, undersized
lot under the Zoning By -Law.
2. Based upon a review of the Application, supporting docu-
mants, plans and testimony, the Board finds that the property is an
undersized, odd - shaped lot which was created in 1978 by the Appli-
cant's predecessor in title. Sited on the lot which is located at
5 SEA STREET, LOT 2, is a small single- family dwelling. The structure
was constructed after the granting of a Special Permit in 1980 by
this Board, replacing a tin garage. The Applicant does not request
any relief to alter or change the existing structure or use.
3. Variance relief may be granted to remove an alledged defect
in marketability of title by a subdivision of land by a prior owner
into lots, one or more of which do not conform to the minimum lot
size as provided in Section 5.1 of the Zoning By -Law.
4. The Board finds that the shape of the lot and the siting
of the building thereon, and the technical zoning violation which
affects the marketability of title, do not generally affect the
Limited - Commercial zoning district in which the property is located,
and a literal enforcement of the By -Law would involve a substantial
hardship to the Applicant and create non - marketable property. The
-2-
(061 -84)
desired relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from
the intent or purpose of the By -Law.
5. For the reasons and upon the conditions set forth herein,
the Board, by UNANIMOUS vote, hereby GRANTS the Applicant the
requested relief from Section 5.1 (intensity regulations) of the Zoning
By -Law by VARIANCE with respect to LOT 2 at 5 SEA STREET, Plan Book 20
Page 45.
Dated: September 28, 1984
Nantucket, MA -
William R. Sherman
l
�CS4 4":=�
Eileen I. Cahoon
LInda F. Williams
t
RIDER A
The Applicant, Island Hotels, Co., owns Lot 2, Sea Street,
Nantucket, Massachusetts as shown on Assessors Map 4242, Parcel
0523. Lot 2 contains 1,196 square feet and includes a small
dwelling structure. The Applicant's predecessor in title
obtained a special permit from this Board to allow the conver-
sion of the garage on Lot 2 to the existing dwelling unit.
Lot 2 fails to meet the 5,000 square feet minimum lot
size requirement set forth in Section 5.1 of the Zoning By -Law.
The Applicant seeks a variance to cure the undersized lot
problem in order to correct a technical defect as to the title
of Lot 2. The Applicant has no present intention to change or
alter the structure'on Lot 2.
A literal enforcement of the minimum lot size requirements,
in this case, would involve a substantial hardship to the
Applicant since the shape of Lot 2 is unique, the Applicant
inherited the undersized lot problem from its predecessor in
title and cannot cure the problem without relief from this
Board, and relief may be granted to the Applicant without an
adverse effect on the public good and without undermining
the intent and purpose of the Zoning By -Law.
In 1980, this Board granted a Special Permit to Lot 2
to allow the conversion from a garage to a dwelling unit on
the lot. This application for a variance would eliminate a
defect as to the marketability of title to Lot 2 and is in
r 5.
$100.00 Case No.
APPLICATION TO THE BOARD OF APPEALS
Nantucket, Massachusetts
ro the Members of the Board of Appeals:
The undersigned hereby applies for relief from the terms of the
(ZONING BY- LAW)(BL'ILDING CODE) on property described below:
Location of Property Lot 2, 5 Sea Street,_Nantucket, MA 02554
Lot No. _Lot 2 Plan No. Plan Book 20, Page 45
District is zoned for Limited Commercial
T,,✓pc of structure(Existing or Proposed) or proposed use: Existing
Owner's Name Island Hotels, Co.
Owner's Address Zero Main Street, Nantucket, Massachii-e .(12551
�Jhen did you acquire this property? _Auau t, 1981
Has application been filed at Building Department? No
Has any previous appeal been made? Special Permit - 1980
�:;ection of By -Law or Code from which relief is requested:
Section 5.1 of the-Zoning-By Law (intensity regulations):
Reason for asking relief: The applicant seeks a variance under Section
5.1 of the_Zonin By -Law to cure a technical defect in the title to the
subject lot. See RIDER "A" annexed hereto.
S.ignntupe of 16IRPlicant
ISLAN 0 LS 0.
By
"I'AC 1I: (1) A `list. of the names and addresses of each abutting owner
and owner abutting the abutters, and owners within 300 feet.
(2) A check in the amount of $100.00 made payable to the Town
of Nantucket.
(3) Four copies of the application and a 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
Application submitted to Board
Advertising dates
Hearing date(s)
Decision of Board
Decision filed with the Town Clerk
accord with the Board's findings in the prior special permit
grant of relief.
For the reasons set forth in this application, the appli-
cation, the applicant respectfully requests this Board to grant
a variance for Lot 2 from the minimum lot size requirements
set forth in Section 5.1 of the Zoning By -Law.
M
ISLAND HOTELS, CO.
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• LAW OFFICES
HOLMES, HAYS & FITZGERALD
35 CENTER STREET
NANTUCKET, MASS. 02554
WA "NE F HOLMES
WILL IAM H, HAYS III
JULIE A. FITZGERALD
July 3, 1984
Andrew Leddy, Esq.
Chairman
Board of Appeals
Town of Nantucket
Nantucket, Mass. 02554
AREA CODE 617
226 -0052
Re: Application of
Island Hotels Company
Sea Street
Dear Andrew:
Enclosed is the application (four copies) of Island Hotels
Company for relief from the zoning by -law, Section 5.1.
Also enclosed is the filing fee and abutters' list.
I request you process this application as provided by
law.
cc Town Clerk v
W/ copy
Very truly yours,
r
Wayne F. Holmes
E`" `'' $100. Case No.
00
APPLICATION TO THE BOARD OF APPEALS
Nantucket, Massachusetts
ro 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 Lot 2. 5 Sea St,�Pt Nantucket, MA 02554
Lot No. Lot 2 Plan No. Plan Book 20, Page 45
District is zoned for Limited Commercial
Type of structure(Existing or Proposed) or proposed use: Existing
Ow ner"s Name Island Hotels, Co.
owner's Address Zero Main S+reet,,� anti cke t rnhnenf-tc Q9rSA
��hen did you acquire this property? August, I
Has application been filed at Building Department? No
Has any previous appeal been made? SRecial Permit - 1980
Section of By -Law or Code from which relief is requested:
Section 5.1 of the Zoning By Law (intensity regulations):
Jze anon for asking relief:- The applicant seeks a variance under Section
5.1 of the Zoning By -Law to cure a technical defect in the title to the
subject lot. See RIDER "A" annexed hereto.
Signature of applicant
ISLAND HOTELS, CO.
By:
(1) A'list of the names and addresses of each abutting owner
and owner abutting the abutters, and owners within 300 feet.
(2) A check in the amount of $100.00 made payable to the Town
of Nantucket.
(3) Four copies of the application and a map or plan showing
the location of the property to be considered.
(4) J icant is c' the owner, please indicate
.onf
RIDER A
The Applicant, Island Hotels, Co., owns Lot 2, Sea Street,
Nantucket, Massachusetts as shown on Assessors Map 4242, Parcel
0523. Lot 2 contains 1,196 square feet and includes a small
dwelling structure. The Applicant's predecessor in title
obtained a special permit from this Board to allow the conver-
sion of the garage on Lot 2 to the existing dwelling unit.
Lot 2 fails to meet the 5,000 square feet minimum lot
size requirement set forth in Section 5.1 of the Zoning By -Law.
The Applicant seeks a variance to cure the undersized lot
problem in order to correct a technical defect as to the title
of Lot 2. The Applicant has no present intention to change or
alter the structure'on Lot 2.
A literal enforcement of the minimum lot size requirements,
in this case, would involve a substantial hardship to the
Applicant since the shape of Lot 2 is unique, the Applicant
inherited the undersized lot problem from its predecessor in
title and cannot cure the problem without relief from this
Board, and relief may be granted to the Applicant without an
adverse effect on the public good and without undermining
the intent and purpose of the Zoning By -Law.
In 1980, this Board granted a Special Permit to Lot 2
to allow the conversion from a garage to a dwelling unit on
the lot. This application for a variance would eliminate a
defect as to the marketability of title to Lot 2 and is in
accord with the Board's -findings in the prior special permit
grant of relief.
For the reasons set forth in this application, the appli-
cation, the applicant respectfully requests this Board to grant
a variance for Lot 2 from the minimum lot size requirements
set forth in Section 5.1 of the Zoning By-Law.
ISLAND HOTELS, CO.
By
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