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Home My WebLink About014-85`N0,N TUC o y Re: 31. e5) /Z-/ — 9>5 [OWN OF NAN"I UCKET t OAR D OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June 5, 1985 DORIS J. LAMENS (014 -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. William R. Sherman, Chairman BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MAY 24, 1985 at 1:30 p.m., in the Town and County Building, Nantucket, rendered the following decision in the Application of DORIS J. LAMENS (014 -85) of 48 West Chester Street, Nantucket, MA 02554. 1. Applicant seeks a VARIANCE under SECTION 5.1 (codified as Section 139 -16A of the Zoning By -Law) with respect to minimum lot size for property located at 48WEST CHESTER STREET and NEW LANE in the RESIDENTIAL -2 D' trict. The property consists of two lots #1 and #2 resulting from an ANR subdivision dated March 11, 1985. If relief is granted, the lots will be separately marketable. 2. The Application was first heard at our Public Hearing of February 15, 1985 and Continued for successive meetings to May 24, 1985. Through counsel, Applicant waived any claim of constructive relief. 3. The Board found that the property contained two pre -1955 struc- tures, Applicant's principal residence on Lot #1, and a dilapidated garage, non - conforming with respect to setback, on Lot #2. The garage is to be re- moved from the locus and replaced by a single - family residence sited in con- formity with the Zoning By -Law including setbacks and ground cover ratio. 4. The property is in a block zoned R -2 bounded by New Lane (on which Lot #2 fronts) and West Chester Street, with density comparable to that of R -1 across West Chester and New Lane, thus anomolously included in R -2 is Applicant's property, the only one in the block capable of ANR subdivision into two lots, each in excess of 10,000SF, only 5,000 SF being required in R -1. 5. The property is thus unique in its shape and siting within the R -1 corner. Applicant has shown hardship in lack of marketability, intending to use proceeds from sale of Lot #2 to pay inheritance taxes and expenses concerning the property. 6. Replacement of the non - conforming garage by a conforming residence is favored in the present circumstances (although normally this Board would not grant variance relief to cure subminimum lot size for ANR sudivisions based on pre -1955 structures unless each were a single- family dwelling or other conforming use). Applicant is an unemployed widow who has resided in the Lot #1 house, her mother's, for many years prior to and also since her mother's death in 1984. A conforming residence on Lot #2 will be scaled no larger than others in the block. 7. The Planning Board recommended unfavorable action absent a showing of hardship. Abutters opposed relief, had Lot #2 fronted on West Chester, (Lot #2 fronts on New Lane according to the subdivision plans). 8. Applicant meets the By -Law requirement that relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By -Law. 9. The Board, by UNANIMOUS vote, GRANTED to Applicant a VARIANCE with respect to each of Lots #1 and 2 curing the technical defect with respect to minimum lot size, conditioned on the complete removal of the existing garage structure on Lot #2. Any new structure of Lot #2 shall conform w1ith the By- Law chapter as to use, ground cover ratio, setback and the like. Dated: June 5, 1985 Nantucket, MA 02554 s , fF � J �• William R. Sherman Andrew J. Leddy Linda F. Williams under SECTION 5 (minimum lot size) of the Zoning By -Law. If d granted, the Applicant would be able to divide an existing o 20,418 sq. ft. lot into two 10,000 ft. minimum building lots, due to hardship created by inheritance of property just out - side the 10,000 sq. ft. zoning area and and has financial needs to settle the estate. The property is located at 48 -50 WEST CHESTER STREET, PLAN 41 -385 and is zoned RESIDENTIAL -2. AFA 1 FE" $100.00 Case No. ('2-! � ArPLICATION TO THE BOARD OF APPEALS Nantucket, Massachu::et ,ro the Members of the Board of Appeals: The undersigr- -d hereby applies for relief from the terms of (?.ONIN1 BY- LAW)(BUILDING CODE) on property described below: Location Of Property 48 -50 West Chester Street hot No. Plan No. 41 -385 District is zoned for R-2 'type of structure (Existing or Proposed) or proposed use: Residential Lot uviner's Name Doris J. Lamens Owner's Address 48 Wast Chester. Street when did you acquire this property? Inherited in 1984 Has application been filed at Building Department? No lias ar.7 previous appeal been made? No_ ", ection of By -Law or Code from which relief is requested: ATTAk-H: (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 To-•.,Z of Nantucket. n (3) Four copies of the application and a map or plan showijr(j the location of the property to be considered. (4) If the applicant is other than the owner, please ind 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 Section 5 - Mini um.,L,Q _size I'eason for existing asking 20,418 sa. relief: pptitioqgr seeks ft. lot into two 10.000 a yariance to permit division of ft building lots, due to _ hardship area and created financial by inheritance of property needs to settle estate. iust Qutside 10.490 sa. ft. zoning Attorney for Doris J. Lamens _ Sig ure o licar.t ATTAk-H: (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 To-•.,Z of Nantucket. n (3) Four copies of the application and a map or plan showijr(j the location of the property to be considered. (4) If the applicant is other than the owner, please ind 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 TOWN OF NANTUCKET BOARD OF APPEALS List of parties in interest in the matter of the petition of: Name Doris J. Lamens Address 48 West Chester Street Property Address Same Sheet 41 Cranberry Construction Co., 60 Monmouth Park Hgwy., W. Long BrancK, .N,J;%83664 Austin, John and Emily, 49 W. Chester St., Nantucket, Mass. 02554 Kaye, Robert M., 60 Monmouth Park Hgwy. , W. Long Branch, N.J. 07764 Plucinski, Chester and Bettina, 3 Wyers Way, Nantucket, Mass. 02554 Church, Fred A. and Patricia R., 52 W. Chester St., Nantucket, Mass. 02554 Chase, Marion P., 50 W. Chester St., Nantucket, Mass. 02554 Brenner, Elizabeth M., 26 Grove St., Claremont, N.H. 03743 Holdgate, Kenneth, Jr., 46 West Chester St., Nantucket, Mass. 02554 Helyar, Joseph Phillips, Box 89010, Gate City Station, Atlanta, Georgia 30312 Nickerson, Cilbert S., 12 Academy Lane, Nantucket, Mass. 02554 Ruley, Robert E. and Mary L., 5 Franklin St., Nantucket, Mass. 02554 Town-of Nantucket, Nantucket, Mass. 02554 Lamens, Lambertus, Jr., 30 New Lane, Nantucket, Mass. 02554 t I certify the foregoing is a list of persons who are owners of land abutting the property, owners of land abutting the abutters, 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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