The URL can be used to link to this page

Home My WebLink About020-85M TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April 1, 1985 Re: NANTUCKET BEACH PROPERTIES, INC. (020 -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. c WJL�'L� William R. Sherman, Chairman BOARD OF APPEALS } BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing on FRIDAY, MARCH 29, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, rendered the following decision in the Application of NANTUCKET BEACH PROPERTIES, INC. (020 -85). 1. This is an Application for a VARIANCE under SECTION 7H seeking relief from the minimum lot size requirements of SECTION 5 of the Zoning By -Law. If granted, Applicant would be able to transfer 10, 000 square feet (Lots 198 and 199) out of its 90,000 square foot parcel to an abuttor (see our related Application file 028 -85) without consequent loss of buildable status of the remnant parcel (Lots 200 -215). The Lots are located at HUSSEY ROAD, BROCK ROAD AND CENTRAL ROAD, TOM NEVERS, OFF ATLANTIC BLVD., Plan 5004 - D, and is zoned LUG III. 2. From plans accompanying the Application papers and offered at the Hearing (continued from March 13, 1985) and representations and testimony, it appears that Applicant's proposed transfer of Lots 198 -199 to the owner of the abutting parcel made up of Lots 196, 197 and 216 -219, will regularize the shape of that parcel. The parcel, enlarged to 40,000 SF, will generally conform to neighboring parcels of that size (all being below the subse- quently required 120,000 SF minimum. It should be noted that, with consent of respective counsel, this and Application file (028 -85) SARGENT, were heard together. 3. In view of the above, the proposed transfer clearly would bring the Sargent parcel into greater harmony with the intent and purpose of the By -Law. The only opposition concerning relief in the present Application was the unfavorable recommendation of the Planning Board. However, that Board evidently had unclear information as to these related Applications. They refer to a transfer of 30,000 SF (properly only 10,000 SF). -2- (020 -85) 4. Accordingly, this Board finds that the requested relief may be granted without substantial detriment to the public good and without nulli- fying or substantially derogating from the intent or purpose of the By -Law. 5. The parcel held by Applicant and the remnant after the proposed transfer are unique to the subdivision in oversize and proximity to the Sargent parcel. The topography lends itself to the transfer conditioned, as Applicant proposes, on Lots 198 and 199 being subject to a restriction of record in the Registry of Deeds that no buildings or structures shall be placed on Lots 198 and 199. 6. Accordingly, this Board, by UNANIMOUS vote, GRANTS to Applicant the requested relief by VARIANCE, conditioned on recording against Lots 198 and 199 restriction against buildings or structures, whereby such Lots may be transfered to the abuttor without consequent loss of buildability for the remaining parcel, ie. Lots 200 -215. Dated: April 1, 1985 Nantucket, MA 02554 'Rs'v� d p /9. M. William R. Sherman L)Y-e�o L �7-,_ Andrew J. Leddy Linda F. Williams NOTICE A Public Hearing of the BOARD OF APPEALS will be held onWednesdaj,MARCH 13 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of NANTUCKET BEACH PROPERTIES, INC. (020 -85) seeking relief by VARIANCE under SECTION 5 (intensity regula- tions- minimum lot size requirements) of the Zoning By -Law. If granted, the Applicant would be able to sell LOTS 198 and 199 (totaling 10,000 square feet) to AUDREY SARGENT, an abutter who owns lots 196, 197 and 216 -219, inclusive on said plan (total ing 30,000 square feet). This sale would be made with the restriction that no buildings or structures shall be placed on lots 198 and 199. The property is located at TOM NEVERS, OFF ATLANTIC BLVD., HUSSEY ROAD, BROCK ROAD AND CENTRAL ROAD, PLAN NO. 5004 -D, and is zoned LUG III. �jfily�,v William R. Sherman, Acting Chairman BOARD OF APPEALS 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 To Nevers /Off Atlantic Blvd. ,Hussey Rd. ,Brock Rd.. and Central oa . Lot No. Plan No. Snna -n District is Zoned for LUG III Type of structure (Existing or Proposed) or proposed use: Residential Owner's Names Nantucket.5each Properties. Inc. Owner's Address 4 V ^11P,y Ro ^d Rrnnxville New Yorlc 1n7nR When did you acquire this property? 1969 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 Intensity Regulations - minimum lot size requirements. Reason for asking relief: Applicant wishes to sell Lots 198 $ 199 (totaling L) 0-V a *,4, C 10,000. so ft.) to Audrey Sargent an abbuttor who owns lots 1g6 197 and 716- 219, inclusive on said plan (totaling 30;000 sq.ft) . This sale is being made with the restriction that no buildings or structures shall be placed on lots 198 199 Nantucket Beach Proer 'es (over) Signature of applicant' gad_ by their ttor ey Richard J. G1'dden ATTACH: (1) A list of the names and addresses o� eac�i abutting owner anc� owner abutting the abutters. (2) Check in the amount of5l Q 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 other than the owner, please indicate your authority to make this application. r BOARD'S DECISION Application submitted to Board cz Advertising dates Hearing date Decision of Board Decision filed with the Town Clerk a,Lu It is simply protection for the Sargeants. However, because the area is zoned 120,000 sq. ft., and because Nantucket Beach Properties, Inc. owns the remainder of the block, if this sale goes through, Nantucket Beach Properties will be left with 16 lots or 90,000 sq.ft. as opposed to the 18 lots or 90,000 sq. ft. which they now own. Therefore, even though the 10,000 sq. ft. they are selling cannot be built upon, if Nantucket Beach Properties, Inc. does not obtain a variance before they sell, then their remaining 80,000 sq. ft. will be unbuildable because they will then have taken a non - conforming lot and made it more non - conforming by subtracting the 10,000 sq. ft. TO "WN OF NA•NTUCFET '= oard of Appeals List of parties in interest in the matter of the petition of: ••a m e: Nantucket Beach Properties, Inc, :.,ldre—ss:. 4 Valley Road, Bronxville, New York 10708 ^puts address: Tom Nevers /Off Atlantic Blvd, Hussey Rd_, Brock Rd., $ Central Road LOCUS: 92.4- 161/162 92.4 -136 -137 -145 -146 -159 Nantucket Beach Properties, Inc. -160 c/o Mrs. L. Maher -167 4 Valley Road -168 Bronxville, New York 10708 -169 -184 -294 -295 -296 -297 -298 -138 Nantucket Conservation Foundation -139 118 Cliff Road -140 Nantucket, MA 02554 -165 Charles Welton 20 Miller Street Medfield, MA -185 Williamson, Thomas J., Jr. $ Mary J. -186 32 General Holway Road South Yarmouth, MA 02664 -187 McCormick, Robert G., Estate of c/o MacKenzie Law Firm 600 Onondaga Savings Bank Syracuse, NY 13202 i i c(,i-fy the foregoiny i;i a list of persoCS who are owners of land abutth: tale .:-o;:clj d �• �.ers of Innd directly opposite he property on &ny street or wly, buii2rr a{ �� >yerr 3 i ,, 4 r i 4 and trithin �0 c-. of the p o; cray, all as they appear on the n -:ost .•rcent applicable TAX Mist. - 4 -- ate a !assessor Town of Nantucket N 90 000. N 880 _ N a3 0 o n y o w r• ar a e a t yp�(i / e pay Srf �. )1 y 9 ! rat it to n M « ZO •t y CN � �l° .e a• y N « •� ,/ t •a tft a Na CL aar IS c'f n N •r .4 xm I13 « xn �:• S n r / :w ttz fe eot t o0 'i z•e TO 9n xN I e N a '9oy0 / Nt t� c) ff 9 of tM I _�ia0 n> 3 � ' I xu •. t I no nt m I•a nr � ' is ! .4 IOt I 90 i xi iw 35' 9 no ti Ys { • W Ia0 � ' Ya Y.4 eM wua nt 4a I4 M' I loll C O IN. nt Iat l01 i al->t � � 'y >ar m _ lot -- • t3 >ox e n w le na a d w \ 4 w 9p I PS�pN as w IM � r• N an a wM r tw ut Sa .. itt n.a ac 0 L { - P O - 9 I � i e W r I REVibI N LEGEND } _ vle . 1 o,n nta3 wle loco etc.) waN .mcom.ucrit. /�1�I�) ��(�"„ (11 >(1 �.IOilllt\ ' 4 a. rA.. wwm mw or ...—T. j ` ry NAINT 7t- ' �11UCK Iw , am—ToON WY.. HOW" V4,$ ?` � IIl, _l I (i 'l co "`w "*' ^"'I SNWOOUllo. DIEM . AND atM4 d KWW M40. IS NOT To CoNSTEUW M tU o 4 FICIE"r •CCLo. 282 Kr a011 COI44a'A"a.