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Home My WebLink About080-081-082-84A M: TOWN OF NANTUCKET O�( 7 BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 December 20, 1984 V Re: ELAINE S. FIALKY (080 =84) NANTUCKET BEACH PROPERTIES, INC. (081 -84) NANTUCKET BEACH PROPERTIES, INC. (082 -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. 1�r� Lol� 5'� k B PPEAL Eileen I. Cahoon, Chairman 2 0 Q n s tv • TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held an FRIDAY, DEC - EMSER 14, 1984 at 1:30 p.m.' Tt the Town and.County Building, Nantucket, made the following Decision in the respective Applications of: ELAINE S. FIALKY (080 -84) concerging LOT NO. 635 - NANTUCKET BEACH PROPERTIES, INC. (081 -84) concerning LOT NO. 633 - NANTUCKET BEACH PROPERTIES, INC. (082 -84) concerning LOT NO. 6-27 1. The three lots nos. 635, 633 and 627 are located along the northwesterly side of FLINTLOCK ROAD, TOM NEVERS, LAND COURT PLAN NO. 5004 -27, in zoning district LUG -III. The Applicant in each instance seeks a VARIANCE under SECTION 5 of the By -Law, specifically 5.1 with respect to minimum lot size and frontage. Because of the similar factual context and issues, the three were, with consent of Applicants' counsel Richard Glidden, joined for hearing and decision. 2. The Applications were taken up at Public Hearing of November 16, 1984 and continued to November 30, 1984 and again to December 14, 1984. From the Applications, testimony, representations and letters, the three lots were found not to have been conveyed out of contiguous ownership of Applicant Nantucket Beach Properties, Inc. prior to a critical date as were other lots of similar size and shape, now built upon. That critical date marked the running out of the zoning exemption pursuant to which the three lots had been buildable. The reasons given for non - conveyeance re- lated to layout of a nearby cluster subdivision acceptable to abutters but not material to our determination. 3. Applicant Nantucket Beach Properties, Inc. has not been heard to assert hardship on behalf of its Applications, under these circum- stances. Accordingly, this Board gave early indication that Variances would not be granted in cases (081 -84) and (082 -84). Rather, such Appli- cant asked leave to arrange a conveyance to Applicant Fialky of Lot no. 633 contiguous with her Lot no. 635 to effect a legal merger. Being now assured that this has or shortly will be done, we find the following -':, (080 -84) (081 -84) (082 -84) -2- with respect to the Fialky Application. 4. The combined Lots nos. 633 and 635 have an area of approxi- mately 100,000 square feet, greater than the original 50,000 square feet zoning requirement, still marginally less than the presently re- quired 120,000 square feet and about twice as great as neighboring lot areas with houses built. The combined frontage is 345 feet which fully satisfies the requirements of 200 feetminimum. 5. Clearly a substantial hardship, financial and otherwise, arises with respect to combined Lots 635 and 633 in their unique configuration relative to other lots in that district and neighborhood, all built upon, whereas 635 -633 would be unbuildarble-with strict enforcement of the By- Law. The increase in minimum lot size simply had no impact on such other lots, but uniquely upon 635 -633. Variance relief may be granted Appli- cant Fialky (being generously made whole by Applicant Nantucket Beach Properties, Inc.) without substantial detriment to the Public Good and without nullifying or substantially derogating from the intent or pur- pose of the By -Law. 6. Accordingly, the Board, by UNANIMOUS vote, hereby GRANTS to Applicant FIALKY a VARIANCE with respect to LOTS 635 to be combined with LOT 633, such Variance reducing the required minimum lot size to 80,000 square feet. Further, by UNANIMOUS vote, NO VARIANCE is GRANTED with respect to NANTUCKET BEACH PROPERTIES , INC. LOT 633 SOLUS nor LOT 627. Dated: DECEMBER 20, 1984 Nantucket, MA 02554 Eileen I. Cahoon �� tea.. •-� /� William R. Sherman eloltWA-T> 2�&G?4ttl Linda F. Williams Is RPM aww- NOTICE.,,.Aaw "wow V40 A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, NOVEMBER 16, 1984 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appication of ELAINE S. FIALKY (080-84) seeking-VARIANCE relief under SECTION 5 (minimum lot size and minimum frontage) of the Zoning err By-Law. If granted, the Applicant would be relieved from_tbe minimum lot size and frontage requirements and make the lots buildable. The property is located at FLINTLOCK ROAD, TOM NENVERS LOT NO. 635, PLAN NO. 5004-27 and is zoned LUG-III. BOARD OF APPEALS Lydle L. Rickard,_Chair2an on t AB -1 FEE Case No. CO &L- N ) APPLICATION TO THE BOARD OF APPEALS Nantucket 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 Flintlock Road, Tom Nevers Lot No. 635 Plan No. 5004 -27 District is Zoned for LUG -111 Type of structure (Existing or PropobeJ) or proposed use: Residential Owner's Na is, Elaine-S. Fialky _— Owner'a Address 70 Green Willow Drive, Long Meadow, Mass. When did you acquire this property? 1981 Has application been filed at Building Department? Has any previous appeal been made-? No No Section of By -law or Code from which relief is requested: Section y- minimum lot size and minimum frontage Reason for asking relief: Nantucket Beach Properties was the original owner of this lot and lot adjacent to 635 which is Lot 633 on Land Court Plan No. 5004 -27. These lots were not conveyed out of contiguous ownership prior to the running of the zoning exemption because it was anticipated that these lots would be used By ttorney Signature of applicant Richard J. Glidden ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. (2) Check in the amount of $50.00 made payable to the Town of Nantucket. (3) Map or plan showiJag the location of the property to be considered. i (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 Decision of Board Decision filed with the Town derk Elaine S. Fialky - cont. in conjunction with Nantucket Beach Properties, Inc.'s cluster subdivision plan which was approved by the Nantucket Planning Board. However, the neighbors did not like that cluster layout so Nantucket Beach abandoned it and came in with a new plan with different access. In order to accomplish this and present a cluster acceptable to the neighborhood, Nantucket Beach purchased two lots off Sandpiper Circle to use for access and left lots 633 and 635 out of the cluster and eliminated access from Flintlock Road. In effect they gave up two building lots on Sandpiper Circle to present a more acceptable cluster subdivision and they assumed that they would be entitled to convey lots 633 and Lot 635 as buildable lots as these lots are almost identical in size an(I shape to the other 32 lots on Land Court Plan 5004 -27. TC`F/P'. OF N A VITUCKET '-oard of Appeals List of parties in interest in the matter of the petition of: 1,Tame: Elaine S. Fialky - -- — Address: 70 Green Willow Drive, Long Meadow, Mass Property address: Flintlock Road Tom Nevers Nantucket Mass. Lot 63S -J.L ' / ) % % I certify the foregoing is a list of persons who are owners of land abutting, t'le property and owners of land directly opposite the property on any street or way, and owners of land within 300 feet of the property, all as they appear on the most recent applicable TAX list. � NZ,au -�n �:tesSnr ABUTTERS LIST 1. Nantucket Beach Properties, Inc. 4 Valley Road Bronxville, New York 10708 2. Saltiel, Jack & Quillard, Judith 0C)'-j- 8 Trail Street Cambridge, Mass. 02138 0 o7S 3. Wainio, Boris 1529 Turner Street Allentown, Pa. 18102 4. Trudell, Raymond D. $ Karen 0 0 » 7J Liberty Square Road Boxborough, Mass. 01719 S. Belcher, David Franklin 0 0 7J" - 79 Nantucket, Mass. 02554 6. Toper, Jeffrey W. p o 71 1 Box 433 Nantucket, Mass. 02554 ° Sl 3 ly 7. Caladrone, Thomas J. $ Paul L. 215 Williams Street Chelsea, Mass. J - 8. Smith, Donald E. $ Barbara V. G� �J' Flintlock Road Nantucket, Mass. 02564 C7 0 7J _1?G 9. Mueller, Ralph R. 8 Laura S 901 Cleveland Road Hinsdale, Ill 60521 Ot; 7J ` '�� 10. Deans, John B. & Aqueda N. 46 Rosedale Road West Hartford, Conn. 06107 11. McDonald, Morton $ Barbara K. p 0 7.5- - 7 0/ 45 Bottom Road Wayne, N,J. 07470 I certify the foregoing is a list of persons who are owners of land abutting, t'le property and owners of land directly opposite the property on any street or way, and owners of land within 300 feet of the property, all as they appear on the most recent applicable TAX list. � NZ,au -�n �:tesSnr li Xl! ZY, AQIiN. LS/ 626 INC CIO e . JIGS C65 /7 554 DO W6 UPI a kN 0 610 .., • maw ,:*w ,., . � _ �Y�Rµw.. 4�x:.iryfM* �.,.:,NM ip� x. - �:"..'7 ate. *Mw•� "' s �� ., . �.�.�t � r -AIM _.x an . -AQT I CE, , 4111W A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, NOVEMBER 16, 1984 at 1:30 p.m. in the TOWN AND COUNTY ; BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application' ""MP of NANTUCKET BEACH PROPERTIES, INC. (081 -84) seeking V�RIANCF relief under SECTION 5 (minimum lot size and minimum frontage) of the Zoning By -Law. If granted, the Applicant would be relieved from the minimum lot size and frontage requirements and make the lots buildable. The property is located at FLINTLOCK ROAD, TOM NEVERS, LOT NO. 633, PLAN NO. 5004 -27 and is zoned LUG -III. BOARD OF APPEALS Lydle L. Rickard, Chairman AB -1 FEE Case No. (021* _1?7H APPLICATION TO THE BOARD OF APPEALS Nantucket 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 Flintlock Road. Tom Nevers Lot No. 633 Plan No. District is Zoned for LUG- III 5004 -27 Type of structure (Existing or Propobed) or proposed use: Residential Owner's Name Nant>>cket 3each Properties Inc Owner's Address 4 Valley Road, Bronxville, New York 10708 When did you acquire this property? 1965 Has application been filed at Building Department? Has any previous appeal been made,? No No Section of By -law or Code from which relief is requested: section V- minimum lot size and minimum frontage Reason for asking relief: Nantucket Beach Properties was the original owner of this lot and lot adjacent to 633 which is Lot 635 on Land Court Plan No. 5004 -27. These lots were not conveyed out of contiguous ownership prior to the running of ._1h€ zonine exemption because it was anticipated that these lots would be used By their.attorney Signature of applicant (-ZS�SI Richard J. Glidden ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. (2) Check in the amount of $50.00 made payable to the Town of Nantucket. (3) Map or plan ahowi�g the location of the property to be considered. (4) If the applicant is other than the. owner, please indicate your I authority to make this applicatin. BOARD'S DECISION Application submitted to Board L1) 1 h3 Advertising dates — V Hearing date _ —+ -- Decision of }3oar_ n _ Derision filed with the Town C)erk Nantucket Beach Properties, Inc. - Lot 633 in conjunction with Nantucket Beach Properties, Inc.'s cluster subdivision plan which was approved by the Nantucket Planning BoaiM . However, the neighbors did not like that cluster layout so Nantucket Beach abandoned it and came in with a new plan with different access. In order to accomplish this and present a cluster acceptable to the neighborhood, Nantucket Beach purchased two lots off Sandpiper Circle to use for access and left lots 633 and 635 out of the cluster and eliminated access from Flintlock Road. In effect they gave up two building lots on Sandpiper Circle to present a more acceptable cluster subdivision and they assumed that they would be entitled to convey lots 633 and 635 as buildable lots as these lots are almost identical in size and shape to the other 32 lots on Land Court Plan No. 5004 -27. TC 77V CF N9DTTUCKET -oard of Appeals List of parties in interest in the matter of the petition of: 1\?ame: Nantucket Beach Properties, Inc. Address: 4 Valley Road , Bronxville, New York 10708 Property address: of 633, Flintlock Road, Nantucket, Mass. 02564 "ialkv, tlaine S. 70 Green Willow Drive Tong T4eadow, "ass. OTNE� 10QoOr1,,Ty or= NW 25--1 76 — 3Y. r ) -39 J I certify the foregoing is a list of persons who are owners of land abutting the property and owners of land directly opposite the property on any street or way, and owners of land within 300 feet of the property, all as they appear on the most recent applicable TAX list. 49�3e9S�1' Abutters List 1. Trudell, Raymond D. $ Karen _ C:D O 7 �S Liberty Square Road Boxborough, Mass. 01719 2.- Belcher, David Franklin Ur c, 7 S — 7!7 Nantucket, Mass. 02554 3. Topland Properties c/o Graham R $ M 56 Fox Hedge Road - Box 264 Saddle River, N.J. 07458 4. Caladrone, Thomas J. $ Paul L >C - -,` _ 3 21S Williams Street Chelsea, Mass. S. Smith, Donald E. & Barbara V. .n C, Flintlock Road Nantucket, Mass. 02564 6. Mueller, Ralph R. & Laura S. 'G 901 Cleveland Road Hinsdale, I11. 60521 7. Deans, John B. $ Aqueda N. U O 7, 7 46 Rosedale Road W. Hartfor, Conn. 06107 8. Cookenboo, Leslie p Apt. 11 -L 880 Fifth Avenue New York, New York 10021 9. Tuttle, Max A. Jr. $ Ann W. 3717 Santiago Irving, Texas 75062 10. McDonald, Morton $ Barbara K. Oc) 7Ij ' w� 45 Botton Road Wayne, New Jersey 07470 "ialkv, tlaine S. 70 Green Willow Drive Tong T4eadow, "ass. OTNE� 10QoOr1,,Ty or= NW 25--1 76 — 3Y. r ) -39 J I certify the foregoing is a list of persons who are owners of land abutting the property and owners of land directly opposite the property on any street or way, and owners of land within 300 feet of the property, all as they appear on the most recent applicable TAX list. 49�3e9S�1' . (W 62 IT 26*0.00 aoacel�- 1 41,,7 0 7 y 240.7.9 s C7 4 1" 30 E t 554 ;Si 7C 621 61 6 0 6-16 619 00 61 00 76 - 8260,,,0 55Z 615 612 kx 0 A 610 h040 1750V, 635 0. 633 (see ° dl 0- 6,31 626 P? �� ' $ I 629 o 9 624 - 2d*f 00 o . (W 62 IT 26*0.00 aoacel�- 1 41,,7 0 7 y 240.7.9 s C7 4 1" 30 E t 554 ;Si 7C 621 61 6 0 6-16 619 00 61 00 76 - 8260,,,0 55Z 615 612 kx 0 A 610 •' ,.� ... gyp. yr 'r „#! _ NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, NOVEMBER 16, 1984 at 1:30 p.m. in the TOWN AND €OUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of NANTUCKET BEACH PROPERTIES (082 -84) se` king a ” VARIANCE from SECTION 5 (minimum lot size and minimum frontage) of the Zoning By -Law. If granted, the Applicant would be relieved from the minimum lot size and frontage requirements and make the lot buildable. The property is located at FLINTLOCK ROAD, LOT 627 PLAN 5004 -27 and is zoned LUG -III. BOARD OF APPEALS Lyd e L. Rick rd, airman �. oe v it fi AB -1 FEE Case No. M�__id APPLICATION TO THE BOARD OF APPEALS Nantucket 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 Flintlock Road Lot No. 627 Plan No. 5004 -27 District is Zoned for ruC -TTT - Type of structure (Existing or PropoieJ) or proposed use: Residential Owner's Name Nantucket Beach Properties, Inc. Owner's Address 4 Valley Road Bronxville New York 10708 When did you acquire this property? 1965 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: Section y minimum lot size and minimum and minimum frontage. Reason for asking relief: Lot was created by a subdivision approved by the Planning Board in 1971 and the lots on either side (625 $ 629) were conveyed out to triird party purchasers prior to 1976 when the zoning exemption ran out. However, the property behind Lot 627 even though it is green space and can never be built upon ___ as it tS_Ujj of an approved cluster flan !is also owned by Nantucket Beach and there is a technical merger because of contiguous ownership. By their attorney Signature of applicantJ�,q JL_ Richard J. Glidden ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. (2) Check in the amount of $50.00 made payable to the Town of Nantucket. (3) Map or plan show" the location of the property to be considered. i (4) If the applicant is lother than the owner, please indicate your authority to make :this application. i BOARD'S DECISI'ON2 Application submitted to Board Advertising dates T Hearing date Decision of Board Deciaion filed with the Town C�erli TC`TIV OF 1NTANTUCKET '•-oard of Appeals List of parties in interest in the matter of the petition of: lTame: Nantucket Beach Properties, Inc. J - Address: 4 Valley Road Bronxville, New York 10708 Property address: Lot 627, Flintlock Road, Nantucket, Mass. - no -76 Abutters List 1. Belcher, David Franklin Nantucket, Mass. 2. Topland Properties, Inc. c/o Graham R F, M S6 Fox Hedge Road Saddle River, New Jersey 07458 3. Mueller, Ralph R. $ Laura S. , 901 Cleveland Road C� C 7 Hinsdale, Ill. 60521 4. Deans, John B. & Aqueda N. 46 Rosedale Road 2,r-,?7 W. Hartford, Conn. 06107 5. Cookenboo, Ldslie Apt 11 -L �G 7 880 Fifth Avenue New York, New York 10021 6. Tuttle, Max A. Jr. $ Ann W. 00 7 5- 3717 Santiago Irving, Texas 75062 7. McDonald, Morton $ Barbara K. 45 Botton Road 0075 /DV Wayne, New Jersey 07470 8. Wynne, Joseph T. $ Gillian O U 7 G Calle San Sebastian 255 City of San Juan, Box 4225 Puerto Rico 00936 9. Gust, William M. II & Katherine B. 00 ;?,6 - 102 St. Dunstans Road Baltimore, Md. 21212 10. Sanderson, Joseph Y. $ Helen N. O P.O. Box 157 Cx76 Crompton, Md. 21628 11. Fiorenza, Robert M. $ Ann B. 241 South Cove Road 7G -/ Burlington, Vermont 05401 A1,W`rt"7. BEACH PROP., Zn1C. I ✓7S- / - 0v 7c- - 38.1 38,a 39 I certify the foregoing is a list of persons who are owners of land abutting the property and owners of land directly opposite the property on any street or way, and owners of land within 300 feet of the property, all as they appear on the most recent applicable TAX list. ti db O Z Inc , .00�- bee a, r. 00 v '1613— JV .00 63 6 3,4 6,35 0 n E ro ee "Ll LAI 0 00 7ol vn Z2 551 0 00 7ol vn Z2 551