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Home My WebLink About006-850 TOWN OF NANTUCKET 2DOGj BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 February 15, 1985 Re: JACK L. HENDRIX AND JAMES G. HENDRIX (006 -85) 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. Eileen I. Cahoon, Chairman TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION: At a meeting of the BOARD OF APPEALS held at 1:00 p.m. Monday, February 4, 1985 in the Town and County Building, Nantucket, in the matter of the Application of JACK L. HENDRIX and JAMES G. HENDRIX (006 -85), 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, with respect to premises shown on a Plan of Land in Nantucket, Massachusetts dated March 29, 1984, Michael S. Bachman R.L.S., Nantucket Registry of Deeds Plan Book 23, Page 8. The Applicants seek a Variance to cure an alleges technical defect in marketability which arose when the division of the original lot pursuant to the subdivision control law created two lots, each non- conforming under the Zoning By -Law. 2. Based upon a review of the Application, supporting documents, plans and testimony, the Board finds that the property, situatedat the intersection of Prospect and Joy Streets, consists of two lots on each of which is sited a single- family dwelling. Both of said build- ings were in existence at the effective date of the Subdivision Con- trol Law in Nantucket. Lot 1 is nonconforming as to area and frontage under the Nantucket Zoning By -Law. Lot 2 is nonconforming as to front yard and side setbacks. The applicants do not request any re- lief to alter or change the existing structures or the use thereof. 3. The size of the premises as a whole precluded division into two lots conforming as to area. The locations of the existing - (UU6 -85) structures, and the shape and topography of the premises as a whole dictated the locations of the division lines as appearing in the plan. 4. The Board finds that the shape of the lots, the topography thereof, the siting of the buildings thereon, and the technical zoning violations which affect the marketability of title do not generally affect the Residential 1 zoning district in which the property is located. The Board further finds that a literal enforce- ment of the Zoning By -Law would involve a substantial hardship to the Applicants by rendering the premises unmarketable. The 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 Zoning By -Law. 5. For the reasons and upon the conditions set forth herein, the Board, by UNANIMOUS vote, hereby GRANTS to the Applicants the requested relief from Section 5.1 (Intensity Regulations) of the Zoning By -Law by VARIANCE with respect to Lot 1 as to minimum lot size and frontage and with respect to Lot 2 as to front yard and side setbacks. Dated: February /S , 1985 Pik 10, A -) 0 ,.r Y /if_00 I 'AAro F_ Eileen I. Cahoonfi illiam R. Sherman L nda F. Williams NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, FEBRUARY 1, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of JACK L. HENDRIX AND JAMES G. HENDRIX (006 -85) seeking a VARIANCE under SECTION 5 (intensity regulations) of the Zoning By -Law. If granted, the Applicants would be able to cure a technical defect as to the title of the property that adversely affects the marketability of title to both lots in question which are located at the CORNER OF PROSPECT STREET AND JOY STREET, LOT 0429 ASSESSOR'S PLAN 55.4.4 and is zoned RESI- DENTIAL-1. #' ,,,t • /�.�ilr�.�.. -ash i4l4een I. Cahoon, Chairman BOARD OF APPEALS 3�ys�M, FEE $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 Corner of Prospect Street and Joy Street Lot No. 042 pGSC�GSnr�GPlan No. ryr,_A_d -- District is zoned for Residential R-1 Type of structure (Existing or Proposed) or proposed use rsj(jent -;ai trc- Owner ' s Name Jack L Hendrix and Jades G Hendrix Owner's Address 1 West York Street Nantucket MA 02554 When did you acquire this property ?_ December 1, 1967 _ 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 5, Intensity Regulations 1t-:.!as- n for a s k i ng relief:- see RIDER attached hereto . — _ "! ignature o applic nt c Oil 4_ V ack L. Hendrix J s G. Hendrix e1�H : (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. (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 indicato, your authority to make this application. BOARD'S DECISION Application submitted to Board % =-t- -— Advertising dates Bearing date(s)� Decision of Board Decision filed with the Town Clerk APPLICATION TO THE BOARD OF APPEALS JACK L. AND JAMES G. HENDRIX, APPLICANTS RIDER The applicants have subdivided the premises pursuant to Chapter 41, Section 81L of the General Laws permitting the subdivision of a tract of land on which two or more buildings were standing when the subdivision control law went into effect in Nantucket. The subdivision plan, dated March 29, 1984, drawn by Michael S. Bachman, R.L.S., recieved. Approval Not Required endorsement from the Nantucket Planning Board on April 23, 1984, File No. 2657. A copy of said plan is filed herewith. Said plan divided the premises into two lots, on each of which is situated a dwelling house. Both of said dwellings werein existence on the premises prior to 1955. This application is directed to Lot 1 on said plan, which is non - conforming as to area, (being 2,862± sq. ft. in size) and fron- tage (48.66 feet),and to Lot 2 which is non - conforming as to side and front setbacks. The applicants seek a variance to cure the aforesaid non- conform- ities so as to correct a technical defect as to the title of said Lots 1 and 2. The applicants have no present intention to change or alter the structures on either Lot. The aforesaid non - conformities could adversely affect the mar- ketability of title to both Lots and create a severe financial hard- ship to the applicants. For the reasons set forth herein, the applicants respectfully re- quest that this Board grant a variance for Lot 1 from the minimun lot size and frontage requirements and for Lot 2 from the minimum front and side setback requirements. Vrk W, Lc C ack L. Hendrix � J es G. Hendrix TOWN OF NANTUCKET BOARD OF APPEALS List of parties in interest in the matter of the petition of: Name Jack L. Hendrix and James G. Uendr -ix Address 1 West York Street, _Nantucket_, MA 0.2554 11 Prospect Street, Nantucket, MA Property AddresgCorner Prospect and Joy _Streets)._ List of abutters (consisting of five (5) pages) attached hereto. 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. December 3, 1984 Date ssessor Town of Nantucket l I -1177 11L4DI'.LX 11N= T IS 55.4.4 -1 Iluntiq ton, Parr: W. Jr. & Jayne S. 1701 (;utuii q:, Drive Wi .' gton, Dela7are 19,303 55.4.4 -2 Levine, Smuel & P,eaee 1 Prospect Strect cdantu&et, Mass. 02554 55.4.4 -3 Callahan, Paul A. 2 Prospect Street lantucket, ilass. 02554 55.4.4 -4 Field, Joseph Li. 115 East Princeton Road Bala Cyiicryd, Pa. 19004 55.4.4 -5 Pagon, Garrett D. et al 0311 Twanda Street Pldla(lelplii_a, Pa. 19110" 55.4.4 -6 Butciier,Iladeline K. 581 Taaanda Street PhiladelpIda, Pa. 19118 55.4.4 -7 lz auove 55.4.4 -8 l brris , Paul C. Jr. & Sipy Ann iJew I d.11 Street ilantucl:et, : 2of5 55.4.4 -34 Gold& -nith J. Graham & Katherine P. Lake Road Charlotte, Vermont 05445 55.4.4 -35 Fraker, Ford M. 4 New 11ill Street Nantucket, Mass. . 02554 55.4.4 -36 Kaufman, : iorton I. & Dorothy 69 Billings Street Sharon, Mass. 02067 55.4.4 -37 Levine, Sauml & Renee Prospect Street Nantucket, Mass. 02554 55.4.4 -38 Goggins, Estelle P. Prospect Street Nantucket, 1 °1ass. 02554 55.4.4 -39 c-lacU ld, Christine 11. & Helen C/o ltwpliy, Mary Buckley 8223 Elliot Aven ue Rego Park, New York 11374 55.4.4 -40 Tompkins, William & Aim 56 Orange Street Nantucket, Mass. 02554 55.4.4 -41 Bone, Stephen K. & Patricia I. 6154 1Lvgton Ridge Road Colunbia, South Carolina 29209 55.4.4 -43 Rathe, Charles 12 Prospect Street Nantucket, Mass. 02554 55.4.4 -44 1lacLain, Scott 7 New Mill Street Nantucket, lass. 02554 55.4.4 -45 Shall, Irene 11argaret Owls Head 11-dm 04854 55.4.4 -46 Parrish, Issac L. & 1-1aYy Thorton River Farm Vieatown, Virgixda 22746 55.4.4 -56 Mueller, Susanne C. 435 E. 52nd Street New York, New York 10022 3 of 5 55.4.4 -66 No Listing; 55.4.4 -67 Ito Listing, 55.4.4 -65 Umlden Ernest E. 3 Chicken L Lill i:lantucket , I las s . 02554 55.4.4 -68 Deimis , HaYy Alice S. 3 Joy Street Nantucket, Hass. 02554 55.4.4 -69 Clia6zi.ck, Hazel 146 Polpis Road 11mitucket, Mass. 02554 55.4.4 -70 55.4.4 -71 hi Morris, Paul C. 9 Ne -1 ll Street llantucl :et, Mass. . 02554 55.4.4 -72 Dmrun, Gustave J. & Anita J. 102 Sudbury Road Weston, Hass. 02193 55.4.4 -73 Gardner, Frederidl H. & Cbarlotte F. Box 265 Kent, Connecticut 06757 55.4.4 -85 bb listing 55.4.4 -86 Craig, Adam W. & betty F. 6 Joy Street Nantucket, I lass . 02554 55.4.4 -87 Keightley, William E. & Regina A. 11 New ILill Street Nantucket, Mass. 02554 55.4.4 -88 Selleck, Roberta 89 11as s . Avenue Arlington, I.1ass . 02174 55.4.4 -89 Calene, Elizabeth Ray 21 Prospect Street Ilantu&et, I Pass . 02554 55.4.4 -89.1 As Above • 4 of 5 Gb 55.4.4 -90 Dmiimn Nelson Olney 23 Prospect Street Nantucket, Hass. 02554 55.4.4 -96 O'Leary, Eleanor R. 16 Martin Street Cambridge, Ilass. 02138 55.4.4 -97 As Above 55.4.4 -95 Coleman, faith Ferris 28 Mill Street Nantucket, ! lass . 02554 56 -321 Kaufinan, I brton I & Dorothy 69 Billings Street Sharon, 11ass . 02067 56 -322 No Listing ' 5 of 5 G` 41 - -41 Glidden, Janes K. & lIny A. 35 Milk Street Nantucket, mass. 02554 42.3.3 -34 Vickery, kielia F. & Uheelwriglit, Elizabeth B. 139 Walpole Street Dover, Ma. 02030 42.3.3 -35 Desrocher, Arthur L. & Mary J. 20 A1ilk Street cantucket, Mass. . 02554 42.3.3 -36 Glidden, Richard J. �c I:athryhh L. 22 11M Street Umtucket, Mass. 42.3.3 -37 Seagrave, Kameth II. & Betty F. 26 I Zilk Street Aantucl et, Mass. 02554 42.3.3 -38 Tate, Mercer D. & Roslyn S. 29 Milk Street Nantuclwt, Mass. 02554 42.3.3 -41 Nelson, Barbara 14. 20 Vestal Street Nantucket, Hass. 02554 42.3.3 -37 Wiley, William Lee RD1 Chadds Ford, Perisylvania 19317 42.3.3 -88 Duprey, Ka -meth 23 ItUIC Street Nantucket, Hass. 02554 42.3.3 -u9 I•ielendy, Barbara 25 11111 Street Iantucket, Mass. . 02554 42.3.3 -90 MacDmald, Robert & Joan c/o kierican Ukassy MO New York, New York 09662