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Home My WebLink About063-84TOWN OF NANTUCKET 4f' (4-) :� <� Y BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 August 31, 1984 Re: MILDRED W. GIEG (063 -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. ejee Rickard, Chairman BOARD OF APPEALS TOWN OF NANTUCKET BOARD OF APPEALS Nantucket, Massachusetts 02554 Decision: At a meeting of the Board of Appeals held Friday, August 17, 1984 in the Town and County Building in the matter of the application of Mildred W. Gieg ( 063 -84), the Board finds: 1. The Applicant, Mildred IV. Gieg, purchased subject Lot 2 on May 28, 1981. Lot 2 is zoned LIMITED USE GENERAL - 2; the minimum lot size requirement is 80,000 square feet. The plan recorded in Plan Book 21, Page 69 at the Nantucket Registry of Deeds shows that subject Lot 2 contains 80,908 square feet, more or less; the subject property is also shown as Block 20 on Plan of Land in Surfside drawn by Essex Survey Service, Inc., dated September, 1972 and recorded with Nantucket Registry of Deeds, Plan File 3 -D. However, portions of two (2) paper roads, MacLean Avenue and Cotton Street, have been included as part of the area of Lot 2 on the above plan. It is unclear as to whether other abutters have inchoate rights in the portions of the two (2) paper roads included in the 80,908- square foot area of Lot 2. 2. The applicant seeks a variance from the minimum lot size require- ments set forth in Section 5.1 of the Zoning By -Law so that Lot 2, excluding therefrom the area of MacLean Avenue and Cotton Street, will be a buildable lot. If the pertinent portions of the paper roads are excluded from the area of Lot 2, Lot 2 will contain less than the 80,000 square feet area required for a building lot in the LUG - 2 Zoning district. 3. The applicant fully expected to purchase Lot 2 as a buildable lot, relied on the surveyor's plan which showed that Lot 2 had sufficient area to make it buildable, and will suffer a significant hardship if Lot 2 is deemed to be an unbuildable lot. The shape of Lot 2 is unique, the Surfside Realty Trust has no interest in exercising any putative rights in the paper roads at issue, and the applicant has no feasible way to correct this problem without the variance requested in this application. This variance will not be a detriment to the public good and will not undermine the purpose and intent of the Zoning By-Law. 4. Therefore, for the reasons set forth above, 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 nullifying or substantially denigrating from the intent or purpose of the By -Law. Consequently, the Board hereby grants to the applicant a variance from Section 5 -1 (intensity regulations) of the Zoning By -Law with regard to minimum lot size as it relates to her property, being Block 20 on Plan of Land entitled "Plan of Lands, Surfside, Nantucket, Massachusetts" by Essex Survey Service, Inc., dated September, 1972, recorded with Nantucket Registry of Deeds in Plan File 3 -D and also being shown as Lot 2 on plan recorded in Nantucket Registry of Deeds Plan Book 21, Page 69, by unanimous vote. Dated: Nantucket, Massachusetts August 31 , 1984 C _ � Board of Appeals Eileen 1. uanoon Daft, ate--.. Zee William Sherman -2- 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 MILDRED W. GIEG (063 -84) seeking a VARIANCE from the require- ments of SECTION 5.1 of the Zoning By -Law (minimum lot size requirements). If granted, the Applicant would be allowed to cure the non - conforming size of LOT 2 in order to make it a buildable lot. The property is located at 104 SURFSIDE ROAD, LOT 2, Plan Book 21, page 69 and is zoned LIMITED USE GENERAL -2. Li- m LA e L. Rickard, Chairman BOARD OF APPEALS y �k AB- 1 ' FL F, $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 104 Surfside Road, Nantucket, MA 02554 Lot No. Lot 2 Plan No. Plan Book 21, Page 69 District is zoned for Limited Use General - 2 Type of structure(Existing or Proposed) or proposed use: Building Lot Owner's Name Mildred W. Gieg owner's Address Nantucket, MA 02554 6hen did you acquire this property? May 28, 1981 Ilas application been filed at Building Department? No flas any previous appeal been made? No Section of By -Law or Code from which relief is requested: Section 5.1 of the Zoning By Law (minimum lot size requirements) Reason for asking reli.ef•: The applicant seeks a variance from Section 5.1 of the Zoning By -Law to cure the non - conforming size of Lot 2 in order to make it a buildable lot. See RIDER A annexed hereto Signature of applicant ATTACK: (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 RIDER A The Applicant, Mildred W. Gieg, purchased subject Lot 2 on May 28, 1981. Lot 2 is zoned LIMITED USE GENERAL - 2; the minimum lot size requirement is 80,000 square feet. The plan recorded in Plan Book 21, Page 69 at the Nantucket Registry of Deeds shows that subject Lot 2 contains 80,908 square feet, more or less. However, portions of two (2) paper roads, MacLean Avenue and Cotton Street, have been included as part of the area of Lot 2 on the above plan. It is unclear as-to whether other abutters have inchoate rights in the portions of the two (2) paper roads included in the 80,908± squre foot area of Lot 2. The applicant seeks a variance from the minimum lot size requirements set forth in Section 5.1 of the Zoning By -Law so that Lot 2, excluding therefrom the area of MacLean Avenue and Cotton Street, will be a buildable lot. If the pertinent portions of the paper roads are excluded from the area of Lot 2, Lot 2 will contain less that the 80 ,,000 squaro area required for a building l' The applicant fully expected to purchase Lot`` buildable lot, rdlied on the surveyor's plan which shored tha P Lot 2 had sufficient area to make it buildable, and will suffer a significant hardship if Lot 2 is deemed to be an unbuildable lot. The shape of Lot 2 is unique, the Surfside Realty Trust has no interest in exercising any putative rights in the paper roads at issue, and the applicant has no feasible way to correct this problem without the variance requested in this applica- tion. This variance will not be a detriment to the public good and will not undermine the purpose and intent of the Zoning By -Law. For the reasons set forth in this application, the applicant respectfully request the Board to grant her a variance from the minimum lot size requirements set forth in Section 5.1 of the Zoning By -Law. Mildred W. 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