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HomeMy WebLinkAbout017-85/2. TOWN OF NANTUCKET BOARD OF APPEALS 0 I-7,,T6 NANTUCKET, MASSACHUSETTS 02554 March 21, 1985 Re: CLARA MURRAY SLEPIN (017 -85) �W 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. c, -G ce William R. Sherman, Acting Chairman Z BOARD OF APPEALS TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held at 1:30 P.M. on Wednesday, March 13, 1985 in the Town and County Building, Nantucket, in the matter of the Application of Clara Murray Slepin (017 -85), the Board finds: 1. This is an Application for a Variance pursuant to Section 7H granting relief from Section 5.1 (Intensity Regulations - Minimum Lot Size) of the Zoning By -Law. The Applicant seeks a variance to cure the technical defect as to marketability with respect to premises owned by her and situate at No. 8 Charter Street. 2. Said premises (shown as Lot 165 on Assessor's Map No. 42.3.2) consists of a lot containing approximately 2,178 square feet, with a dwelling house located thereon since at least 1925, situate in the Residential Old Historic Zone in which the Minimum Lot Size is 5,000 square feet. 3. The Applicant purchased the premises on January 30, 1984 in the belief that it constituted a pre- existing non- conforming parcel and thus was exempt from said Minimum Lot Size requirement. 4. The Applicant subsequently discovered that, subsequent to the adoption of the Zoning By -Law in 1972, the premises had been held in common ownership with adjoining land fronting on Hillers Lane (Lot 2, Plan Book 19, Page 133; Assessor's Map No. 42.3.2, Lot 164) by one Alice M. Collins, a predecessor in title. Said adjoining land, also of less than minimum lot size, had been conveyed to a third party subsequent to the adoption of the By -Law. The dwelling house situated thereon was constructed more than six years ago. 5. The resulting technical violation of the Zoning By- Law arguably affects the marketability of the premises, has caused the loss of a sale thereof and creates an extreme hardship to the Applicant. 6. The size and shape of the premises and its location in a densely developed area leaves the Applicant with no opportunity to acquire adjacent land to satisfy the Minimum Lot Size require- ments. 7. Based upon a review of the Application, supporting documentation, and testimony, the Board finds that due to circumstances relating to the size, shape and location of the premises and the structure thereon, and especially affecting said premises but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the By -Law would involve substantial financial hardship to the Applicant. The requested 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. 8. For the reasons set forth herein, the Board hereby GRANTS the Applicant relief from SECTION 5.1 of the Zoning By- Law by VARIANCE pursuant to SECTION 7H by unanimous vote. Dated: March a1 1985 Nantucket, MA 02554 \. William R. Sherman C L�- rz� ro, \a., A )/J re ( L y Andrew J. Leddy, Jr. Linda F. Wi liams -2- t 3/ NOTICE A Public Hearing of the BOARD OF APPEALS will be held on wednesdul.MARCH L3 ,1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of CLARA MURRAY SLEPIN (017 -85) seeking relief by VARIANCE from SECTION 5.1 (minimum lot size) of the Zoning By- Law. If granted, the Applicant would be able to correct a technical defect as to marketability of title because the lot is less than minimum lot size and the defect was inherited with said title. Petitioner has a substantial hardship due to the lot shape and location and cannot use the defect without relief. No structural changes, alterations or additions are to be made. The property is located at 8 CHARTER STREET and is zoned RESIDENTIAL OLD HISTORIC. William R. Sherman, Acting Chairman /(J� BOARD OF APPEALS . -4 -1 I.'EE $100.00 Case No. p / --- 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 8 Charter Street Lot No.- Plan No. District is zoned for ROH Type of structure (Existing or Proposed) or proposed use: Residential Owner's Name Clara Murray Slepin Owner's Address 27 Fair Street, Nantucket. CIA 025.54 When did you acquire this property? January 30, 1984 teas application been filed at Building Department? No flas any previous appeal been made? No Section of By -Law or Code from which relief is requested: 5.1 Minimum lot size reason for asking relief: Correct technical defect as to marketability because lit is less than minimum lot size and the defect was inherited with the title. Petitioner has a substantial hardship due to lot shape and location and cannot use the defect without relief. No structural changes, alterations or additions are to be made. Si na e of licant ?7 Attorney for applicant -,TT�1CH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. (2) A check in the amount of $1.00.00 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 Hearing date (s) Decision of Board Decision filed with the Town Clerk i TOWN OF NANTUCKET BOARD OF APPEALS List of parties in interest in the matter of the petition of: Name Clara Murray Slepin Address 27 Fair Street, Nantucket, MA Property Address 8 Charter St. 42.3.2_165 _ Clara Barrett, 10 Martins Ln., Hingham, MA 02043 Eliz. & Mary Duffy, 16 Pine St., Nantucket, MA 02554 Henry & Gertrude Petzel, 6 Charter St., Nantucket, MA 02554 Kay Talford, 4 Charter St., Nantucket, MA 02554 Lester H. Keiry & P. Turnberg, 150 W. Newton St., Boston, MA 02118 Franklin Laub,Jr., Box 106 Hyannis, MA 02672 John Childs, 15 Washington P1., New York, NY 10003 Frances & Eliz Sylvia, Madaket Road, Nantucket, MA 02554 Lenore Wethenill, Running Fox Farm, RD4, W. Chester, PA 19380 Jos. & Lois Hannay, 1460 Canpamento Ave., Caral Sables, FL 33156 Chas. & Mary Carpenter, Brush Ridge Rd., New Canaan, CT 16840 Clara Murray, 27 Fair St., Nantucket, MA 02554 Clara Murray, 27 Fair St., Nantucket, MA 02554 Chas. & Christine Shenill, 858 Hale St., Beverly Farms, MA 01915 Peter J. & Clara Barrett, 10 Martins Ln., Hingham, MA 02043 Helen A. Nelson, 9 Darling St., Nantucket, MA 02554 J. Pepper & Eliz. Frazier, 7 Darling St., Nantucket, MA 02043 William Fordyce, Box 326, Nantucket, MA 02554 Harriet Ruffin Fox Chapel Mann, 150 North Dr., Pittsburgh, PA 14238 Chas. & Mary Carpenter, Brush Ridge Rd., New Canaan, CT 06840 Chas. & Mary Carpenter, Brush Ridge Rd., New Canaan, CT 06840 29 Fair St., Inc., 29 Fair St., Nantucket, MA 02554 Robert & Caroline Applegate, 2803 Montchanin Rd., Wilmington, Del 19807 "See Attached" 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. Date Assessor Town of Nantucket r Eleanor Swartlery, 257 Highland Ave., W. Newton, MA 02165 David & Mary Borie, 580 Lake Ave., Greenwich, CT 60830 Helen Weitlick Trust, 10 Pine St., Nantucket, MA 02554 Susie Gallagher, 128 Chapin St., Binghamton, NY 13905 Lyman Perry, 311 W. Newton St., Newton, Sq., PA 19073 Margaret Wallace, 186 Lihay P1, Princeton, NJ 08540 Est. of Ann Gillespie, 226 Brazilian Ave., Palm Beach, FL 33480 Edward Heard, 3 School St., Nantucket, MA 02554 Helen Powell, 1 School, St., Nantucket, MA 02554 0 I ,.a s i tT. MUI! (M7CDPAl f:MW CN ) t S F ►DC � N ,`.ISiO.►� t 6's !- � • t W ` w 1•° rx N a ss ,r. 1,1 LN S st •I I ,.a s i tT. MUI! 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FITZGERALD Mrs. Eileen Cahoon Chairperson Board of Appeals Nantucket, Mass. 02554 Dear Eileen: AREA CODE 617 226.0052 February 1, 1985 Re: Clara Murray Slepin Enclosed please find four copies of the petition of Clara Murray Slepin for relief from the zoning by -law with reference to premises at 8 Charter Street. Also enclosed is the filing fee of $100.00. I will appreciate your processing this petition as re- quired by law. Very truly yours, V� Wayne F. Holmes cc Mrs. Madelyn Perry Clerk Town of Nantucket �7 i v ,toy"_' AB -1 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 8 Charter Street Lot No.- Plan No. District is zoned for ROH Type of structure (Existing or Proposed) or proposed use: Residential Owner's Name Clara Murray Slepin Owner's Address 27 Fair Street. Nantucket, MA 02554 when did you acquire this property? January 30, 1984 teas 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: 5.1 Minimum lot size Reason for asking relief: Correct technical defect as to marketability because lit is less than minimum lot size and the defect was inherited with the title. Petitioner has a substantial hardship due to lot shape and location and cannot use the defect without relief. No structural changes, alterations or additions are to be made. Si na e of licant Attorney for applicant %T'T1CH: (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 indicate your authority to make this application. BOARD'S DECISION :'application submitted to Board .advertising dates Clearing date (s) [)ecision 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 Clara Murray Slepin Address 27 Fair Street, Nantucket, MA Property Address 8 Charter St. _ 42.3.2 -165 Clara Barrett, 10 Martins Ln., Hingham, MA 02043 Eliz. & Mary Duffy, 16 Pine St., Nantucket, MA 02554 Henry & Gertrude Petzel, 6 Charter St., Nantucket, MA 02554 Kay Talford, 4 Charter St., Nantucket, MA 02554 Lester H. Keiry & P. Turnberg, 150 W. Newton St., Boston, MA 02118 Franklin Laub,Jr., Box 106 Hyannis, MA 02672 John Childs, 15 Washington P1., New York, NY 10003 Frances & Eliz Sylvia, Madaket Road, Nantucket, MA 02554 Lenore Wethenill, Running Fox Farm, RD4, W. Chester, PA 19380 Jos. & Lois Hannay, 1460 Canpamento Ave., Caral Sables, FL 33156 Chas. & Mary Carpenter, Brush Ridge Rd., New Canaan, CT 16840 Clara Murray, 27 Fair St., Nantucket, MA 02554 Clara Murray, 27 Fair St., Nantucket, MA 02554 Chas. & Christine Shenill, 858 Hale St., Beverly Farms, MA 01915 Peter J. & Clara Barrett, 10 Martins Ln., Hingham, MA 02043 Helen A. Nelson, 9 Darling St., Nantucket, MA 02554 J. Pepper & Eliz. Frazier, 7 Darling St., Nantucket, MA 02043 William Fordyce, Box 326, Nantucket, MA 02554 Harriet Ruffin Fox Chapel Mann, 150 North Dr., Pittsburgh, PA 14238 Chas. & Mary Carpenter, Brush Ridge Rd., New Canaan, CT 06840 Chas. & Mary Carpenter, Brush Ridge Rd., New Canaan, CT 06840 29 Fair St., Inc., 29 Fair St., Nantucket, MA 02554 Robert & Caroline Applegate, 2803 Montchanin Rd., Wilmington, Del 19807 "See Attached" 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. Date assessor Town of Nantucket ` Eleanor Swartlery, 257 Highland Ave., W. Newton, MA 02165 David & Mary Borie, 580 Lake Ave., Greenwich, CT 60830 Helen Weitlick Trust, 10 Pine St., Nantucket, MA 02554 Susie Gallagher, 128 Chapin St., Binghamton, NY 13905 Lyman Perry, 311 W. Newton St., Newton, Sq., PA 19073 Margaret Wallace, 186 Lihay P1, Princeton, NJ 08540 Est. of Ann Gillespie, 226 Brazilian Ave., Palm Beach, FL 33480 Edward Heard, 3 School St., Nantucket, MA 02554 Helen Powell, 1 School, St., Nantucket, MA 02554 INFORMATION SHOWN HEREON WAS KK1Osw l COMPILED FROM AERIAL PHOTOGRAPHS, DEEDS. AND PLANS OF RECORD AND IS NOT TO BE l o g CONSTRUED AS HAVING SUFFICIENT ACCUR- ACY FOR CONVEYANCE. ...� aE •t MSGO.rI �1/EN+GN fT.EAJI! 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