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HomeMy WebLinkAbout065-84' 1,-v TOWN OF NANTUCKET D& 5-<�? '/� BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 August 31, 1984 Re: HELEN SIBLEY MERTENS (065 -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. Ly4le 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 Friday, August 17,1984 in the Town and County Building, Nantucket on the matter of the Application of HELEN SIBLEY MERTENS (065 -84), the Board finds: 1. Applicant awns the land and buildings situated at 111 Main Street and 2 Gardner Street, Nantucket, Massachusetts 02554. She acquired this property from Marion S. Sibley by virtue of a Deed re- corded in Book 155, Page 297 at the Registry of Deeds. The property contains two separate parcels. Parcel 1 is the main house which is located on a lot containing less than 5,000 square feet (3,525 sq. ft.) Because both parcels are contiguous and in common ownership, they have merged into one conforming lot in accordance with tie Nantucket Zoning By -Law. Applicant requested that the Board Of Appeals grant a Variance under Section 7 I(4) of the Zoning By -Law to cure the "merger" problem of Parcels 1 and 2. The granting of such Variance would enable her to sell the Main House and retain Parcel 2 as a separate lot which confroms to Zoning. 2. Due to the particular shape of Parcel 2, which particularity especially affects Parcel 2 and does not affect generally other Lots in the Residential -1 Zoning District, a literal enforcement of the Zoning By -Law would cause Applicant a substantial hardship. Specifically her elderly mother lives on the premises and she wishes to afford her living space in the garage apartment situated on Parcel 2. The requested relief may be granted without substantial detriment to the public good and without derogating from the purpose and intent of the Zoning By -Law. She has no intention to alter, expand or change the existing structures on Parcels 1 and 2 but simply wishes to convey the main house on Parcel 1 and retain ownership of the garage apartment on Parcel 2 so as to provide a home for her mother. -2- (065-84) 3. The two parcels were purchased as separate parcels from different individuals; they have always been taxed separately by the Town of Nantucket and the physical layout of the parcels and buildings gives all the appearances that they are two separate lots. 4. All of the buildings on the lots were built prior to the enactment of the Zoning By -Law in the Town and County of Nantucket and all necessary permits and approvals were obtained when these structures were built. 5. For the reasons set forth the Board finds that a literal enforcement of the Zoning By -Law would involve substantial hardship, 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 Zoning By -Law. Therefore, the Board, by UNANIMOUS vote, hereby GRANTS the Applicant a VARIANCE from Section 5.1. of the Zoning By -Law (intensity regulations) pursuant to Section 7.I.4 of said By -Law, as relates to the property located at 2 Gardner Street, Nantucket, Massachusetts. Dated August 31, 1984 Nantucket, MA 02554 3; Ly e L. Rickard bN• Eileen I. Cahoon ��..... William Sherman 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 HELEN SIBLEY MER.TENS(065 -84) seeking a VARIANCE from the requirements of SECTION 5 and or 7I(4) of the Zoning By -Law (intensity and merger regulations). If granted, the Applicant would be able to cure a technical zoning violation which adversely affects the marketability of title to property located at 2 GARDNER STREET, PARCEL 2, Assessor's Map 4233 -149 which is zoned RESIDENTIAL -1. C154_ Lydle L. Rickard, Chairman BOARD OF APPEALS AB -I FEE $100.00 Case No. APPLICATION TO THE BOARD OF APPEALS To the Members of the Board of Appeals: 0 Nantucket, Massachusetts The undersigned hereby applies for relief from the terms of the (ZONING BY- LAW)(BUILDINC" CODE) on property described below: Location of Property -7 6AADNeq Slee& Nantuc t (ParrA1 �) Lot No. Assessor's Map 4233 -149 Plan No. District is zoned for_ RE(jjQEN 11-1 Type of structure (Existing or Proposed) or proposed use:.Existing Owner's Name HELEN SIBLEY MERTENS Owner's Address 721 Cook Hill Road, Cheshire. CT 06410 When did you acquire this property ?_ October 19, 1976 _ Has application been filed at Building Department? No Has any previous appeal been made? NO Section of By -Law or Code from which relief is requested: The Applicant seeks a variance under Section 7I(4) of the Zoning By Law Reason for asking relief: Subject Parcel 2 referred to in the P,pp ant's Deed contains less than the required 5,000 square feet; ParcQl 2 was merged into Parcel 1 by virtue of the Applicant's ownership of each, contiguous lot. The Applicant seeks relief from this merger problem. See RIDER A annexed hereto. Signatur C) applicant � HELEN SIBLEY MERTENS ATTACH: (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 _ Hearinq date(s) RIDER A I own the land and buildings situated at 111 Main Street, ,A-,- Nantucket, Massachusetts 02554. I acquired this property from Marion S. Sibley by virtue of a Deed recorded in Book 155, Page 297 at the Registry of Deeds. The property contains two separate parcels. Parcel 1 is the Main House which is located on a lot containing approximately 5,220 square feet. Subject Parcel 2 includes a garage apartment and contains (3� 5251 J ) less than 5,000 square feet. Because both parcels are contiguous and owned by me, they have merged into one conforming lot in accordance with the Nantucket Zoning By -Law. I respectfully request the Board of Appeals to grant a variance under Section 71(4) of the Zoning By -Law to cure the "merger" problem of Parcels 1 and 2. The grant of such variance will enable me to sell the Main House and retain Parcel 2 as a separate lot which conforms to Zoning. Due to the particular shape of Parcel 2, which particularity especially affects Parcel 2 and does not affect generally other Lots in the RESIDENTIAL 1 Zoning District, a literal enforcement of the Zoning By -Law would cause me a substantial hardship. Specifically, my elderly mother lives on the premises. I wish to afford her living space in the garage apartment situated on Parcel 2. My requested relief may be granted without substantial detriment to the public good and without derogating from the purpose and intent of the Zoning By -Law. I have no intention to alter, expand or change the existing structures on Parcels 1 and 2. I simply wish to convey the Main House on Parcel 1 and retain ownership of the garage apartment on Parcel 2 so as to provide a home for my mother. I respectfully request the Board of Appeals to grant me a variance from Section 7I(4) of the Nantucket Zoning By -Law. Sincerely, HELEN SIBLEY MERTENS �r•�' MAODACNU9[TT9 QUITCLAIM D[[D INDIVIDUAL (LONG FORM) M2 I, MARION S. SIBLEY. of Sanibel, Florida, )Qwd"?� bdag unmarried, for consideration paid, and in full consideration of less than $100. grant%10 HELEN SIBLEY MERTENS 0 of 721 Cook Hill Road, Cheshire, Connecticut 06410, with qutit(aittt rnotauttL thelandian together with all buildings thereon, situated in the Town and County of Nantucket, Commonwealth of Mas3achusetta, bounded and (Lenuiptioa and ewwobts"m d sat) described as followst Parcel It SOUTHERLY by Main Street and by land now or formerly of Ralph O. E. Dunham, formerly of Mattis E. Coffins WESTERLY by land of said Coffin and by land now or formerly of Annie M. Perry, formerly of Edward H. Perry; NORTHERLY by land now or formerly of said Perry and by land of the heirs of Elizabeth C. Burgess; EASTERLY by land now or formerly of said Burgess and by land now or formerly of Kitty B. Gartner, formerly of Ellen H. C. Burgess. Containing about 5220 square feet of land. Meaning and intending hereby to convey the property set forth in deed from Charlotte Woodman Ham to Clarence L. Sibley and Marion S. Sibley dated October 18, 1945, and recorded in Nantucket Deeds, Book 110, Page 535. See also estate of Clarence L. Sibley, Nantucket Probate No. 3902. Parcel 2: EASTERLY by Gardner Street eleven (11) feet, more or Be all of said measurements more or less. (• Individual —Joint Tenants — Tenants in Common —Tenants by the Eotirct£. ) F less; SOUTHERLY by land of Maryalice Donnellen, formerly of Joseph and Ida Amrein, forty -two (42) feet; EASTERLY again by said Donnellen land, thirteen and 5/10 (13.5) feet; SOUTHERLY again by land now or formerly of Kitty B. Gartner, forty -one and 6/10 (41.6) feet; EASTERLY again by land of said Gartner, five and 06/100 (5.06) feet; SOUTHERLY main by land formerly of Charlotte W. Ham, ?iiri i -b��e �5 50 (31.5) feet; WESTERLY by land of the grantor and by land now or formerly of Annie M. Perry, forty -two and 5/10 (42.5) feet; NORTHERLY by Baptist Church of Nantucket, Inc., forty -nine (49) feet; EASTERLY again by land now or formerly of Lizzie A. Bartlett fifteen and 3/10 (15.3) feet; and NORTHERLY again by land now or formerly of said Bartlett, sixty -two and 4/10 (62.4) feet. Be all of said measurements more or less. (• Individual —Joint Tenants — Tenants in Common —Tenants by the Eotirct£. ) F 155 NE 298 Henning and intending hereby to convey the property net forth in deed of Harrison G. Burgess et al to Clarence L. Sibley dated November 3, 1945, recorded in Nantucket Deeds, Book 110, Page 582, excluding therefrom the parcel conveyed by said Clarence L. Sibley to Lawrence Miller by deed dated October 30, 1946, recorded in said Deeds. Book 111, Page 235. See also estate of Clarence L. Sibley, Nantucket Probate No. 3902. ...... XV............ hand and seal this ...19th..........» day of .......... QGl,Qk10.0 .... ........... 1976 ..................................... ..............................l 61.m 1.... J....c_7!. ......... OR CantmanMMUll of MasaripwtU Nantucket ss, October 19, 1976 Then pers%ally appeased the above named MARION S. S I BLLy and acknowledged the foregoing instrument to be NANTUCKET COUNTY Received and Entered Attest C T I 9 1916 1''30 P.Nj her free act aad deed, before me. Pacific National leak of Maptudwt » --- - -- ... - - -- holder of a mortgage from Barbara N. Hold`ste to it, dated October 7, 197S, ' tewrded with Nantucket - »----- - - - --- --- - -- ••--- --- ••••••- Couoty Registry of Deeds Book ISI , Page 79 admowledge satisfaction of the same. I Ii rj1s rZT4rr811I, the said PACIFIC NATIONAL !Alit 01, NANTl1C °T u . has caused in Fp"te seal to be hereto &axed and than presents to be signed in its nst a and behalf by I Henry _T _9sh19aibeck its Vice - President and Treasurer this ? �, 19th day of October A D. 1976 r .............................. fllClfh:. NA7.i0NAL..aAHJK..OF. ►tAlilllC by r ..... . ................................. ............................... Henry G•...Kehlenbeck'. ,...,•; .' .� .........