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Home My WebLink About084-84, 91 t��,NTUCN�,r TOWN OF NANTUCKET -- i 'A BOARD OF APPEALS POOR? V NANTUCKET, MASSACHUSETTS 02554 November 30, 1984 Re: Thomas and Barbara Bispham (084 -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. f- BOARD OF APPEALS Eileen I. Cahoon, Chairman * . _ 1W ... Y TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION: In the matter of the Application of THOMAS PEDDER BISPHAM AND BARBARA SHEA BISPHAM (084 -84), at a meeting of the BOARD OF APPEALS held at 1:30 p.m. on Friday, November 16, 1984 at the Town and County Building, Nantucket, the Board enters the following Decision and makes the following findings: z'<F '1999999 1. This is an Application for a VARIANCE granting relief from the requirements of SECTION 5.1 (intensity regulations- minimum lot size) of the Zoning By -Law. If granted, the Applicants would be able to obtain relief from the Intensity Regulations which require a minimum lot size of 20,000 square feet. The subject premises consist of Lot 4 on plan recorded with Nantucket Deeds in Plan Book 18, Page 3, are lo- cated at FOUR MCGARVEY'S WAY, SIASCONSET and are zoned as RESIDENTIAL - 2. 2. Based upon the Application and the materials and testimony presented at the Public Hearing, the Board finds that the subject pre- mises contain 17,358 square feet and contain a single - family dwelling and appurtenant out - buildings. On April 19, 1972, after the adoption of the original Nantucket Zoning By -Law but before it became effective by virtue of approval by the Attorney General pursuant to General Laws Chapter 40A, as it existed prior to the enactment of Chapter 808 of ►the Acts of 1975, the then owner of the subject premises and of certain adjacent land secured Planning Board endorsement as "approval not required" of the plan recorded in Plan Book 18, Page 3, which created ,.. the subject premises as a separate lot. That owner continued to own the subject premises and the adjacent land (having a combined area in excess of 20,000 square feet) in common ownership until the adjacent land was conveyed out in 1975. Meanwhile, in 1973, the Zoning By -Law was amended to require 20,000 square feet as a minimum lot size in the zoning district in which the subject premises are located. 4: 0- (084 84) -2- 3. The Applicants purchased the subject premises in 1980, and did not become aware that the lot size of the subject premises was in violation of the Zoning By -Law until later. The Applicants have brought the present Application to correct and remove a technical objection to their title to the subject premises by reason of the non - conforming of the subject premises to the Zoning By -Law. They have used and main- tained the structure upon the subject premises for residential purposes from the time of their acquisition in 1980 to the present time. 4. The Board finds, based upon a review of the Application, supporting documents, plans, testimony, correspondence and a viewing of the subject premises, that due to circumstances relating to the shape or topography of the subject premises and especially affecting the subject premises but not affecting generally the zoning district in which they are located (such circumstances consisting of the bound- aries and dimensions of the subject premises, and the actual pre- existing construction, maintenance and use of the single- family dwellling thereon), a literal enforcement of the provisions of the Zoning By -Law would involve substantial hardship, financial or otherwise, to the Applicants ( such hardship consisting of the impaired marketability of the subject premises), and that desirable relief may be granted with- out substantial detriment to the Public Good and without nullifying or substantially derogating from the intent or purpose of the By -Law (in that the requested relief will enable continued residential use of the building presently existing upon the subject premises, such use being permitted by the Zoning By -Law). i 5. For the reasons and upon the cinditions set forth, the BOARD OF APPEALS hereby GRANTS the Applicants relief from SECTION 5.1 (minimum lot size) of the Zoning By -Law by a VARIANCE, by a UNANIMOUS vote. Dated: November 30, 1984 Nantucket, MA 02554 Ll 9 Lwz� Eileen I. Cahoon William R. Sherman Y� Gt% An rew J. Leddy •5UM . aye ICE NOTr U — .r wanow • +M�a A Public raring of the BOARD OF APPEALS will be held mono. on FRIDAY, NOVEMBER 16, 1984 at 1:30 p.m. in the TOWN AND ""^MW COUNTY BUILDING, NANTUCKET, on the Application of THOMAS AND BARBARA SHEA BISPHAM (084 -84) seeking a VARIANCE under SECTION m; 5 (intensity regulations - minimum lot size) of the Zoning By- Law. If granted, the Applicants would be able to cure a technical zoning violation which adversely affects the marketability of title to property located at MCGARVEY'S WAY, SIASCONSET, LOT 4, BOOK 18, PAGE 3 and is zoned RESIDENTIAL -2. BOARD OF APPEALS Lydle L. Rickard, C irma imp - _ I AB -1 FEE $100.00 Case No. 0 7s,�— 4 APPLICATION TO THE .BOARD OF APPEALS Nantucket To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the - (ZONING BY -LAW) (BUILDING CODE) on property described below: Location of Property McGarvey's Way - Siasconset Lot No. 4 Plan No. Book 18 Page 3 District is Zoned for R -2 Type of structure (Existing or proposed) or proposed use: Residential Owner's Name` Thomas P..$ Barbara Shea Bispham Owner's Address 210 Rivers,' Drive- Ant- S -G New ynrk My When did you acquire this property? . October 1980 Has application been filed at Bgilding Department? No Has any previous appeal been made-? No Section of By -law or Code from which relief is requested: section y Intensity Regulations - Minimum Lot Size . Reason for asking relief' Lot in question already contains n ciweiiing „nit and although the lot in question only contains 17,358 sq. feet, it did contain the required area when the plan was approved by the Planning Board in 1972, Applicant does not wish to place any buildings or additions on the property, he realizes that he has a non - conforming lot and any new structures would require a special permit from the Board of Appeals. Applicant is seeking a variance to cure the technical zoning violation that exists on the record, in order that they might sell the property to a rles Gieg, en t ey purctlased the property, the Zoning By -Law was interpreted differently and as a result they have Signature of applicant an existing house they cannot sell beaausse 6y' IfleIr Altorne= og technical interpretation. i rd J. Glidde A'I�!'ACH: (1) A list of the names and addressee of each a�ung owner and owner abutting the abtitters. (2) Check in the amount of $50.00 made payable to the Town of Nantucket. (3) Map or plan showipg the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION Application submitted to Board n ((Xp Advertising dates Hearing date Decision of Board Decision filed with the Town C3erk TC i1h] OF N' - IVTUCKET '-oard of Appeals List of parties in interest in the matter of the petition of: Fame: Thomas P. and Barbara S. Bispham Address: 210 Riverside Drive, Apt. 5 -G, New York, NY Property address: 4 McGarvey Way, Siasconset, MA 72 - 2 F ox sa6adglis22$oris M. $ Francis 72 - 3 Clark, Robert W. f, 309 Milestone Road Yvette Delattre - Seguy Siasconset, MA 02564 Box 304 Siasconset, MA 02564 - 6 McGarvey, Mark A. Milestone Road 72 - 5 McGarvey, Kevin Siasconset, MA 02564 Milestone Road Siasconset, G9A 02554 - 7 Zola, Linda .ilestone Road Siasconset, MA 02564 72 - 8 Nantucket Conservation Foundation, Inc. 7S - 8 118 Cliff Road 75 - 51 Nantucket, Massachusetts 02SS4 75 - 9 U. S. Coast Guard Nantucket, MA 02554 73 - 21 Hutchinson, Eben (Hazel) 352 Lawrence Road Medford, MA 02155 50 - 3 Coffin, Henry Jr. $ Florence M., Main Street Siasconset, MA 02564 Abutters of abutters, not within 300 feet: 75 - 31.2 Fraser, Richard 525 East 68th Street New York, NY 10021 75 - 32 Holland, Christopher D. and Linda S. 101 Low Beach Road Siasconset, MA 02564 I certify the foregoing is a list of persons who are owners of land abuttinu 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. 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