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Home My WebLink About024-85TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April 1, 1985 Re: EDWIN A. LEMBERG AND MARIE E. LEMBERG (024 -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. w // C' �C�— iee 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 EDWIN A. LEMBERG AND MARIE E. LEM- BERG (024 -85). 1. This is an Application for a VARIANCE under SECTION 7H from the Zoning By -Law provisions of SECTION 5.1. Applicants seek such Variance to cure the technical defect as to marketability with respect to adjoining lots at i and 1 1/2 FAYETTE STREET, Assessor's Map 42.2.3, Parcel 33. The Application was continued from the March 13, 1985 Meeting. 2. The two lots were formed by subdivision endorsed by the Planning Board, approval under the Subdivision Control Law not required. According to the plan of February 8, 1985, submitted with the Application form, a common side lot line divides the original Parcel 33 into Lots 1 and 2 of 1791 square feet and 2045 square feet, respectively. Each is non - conforming as to minimum lot size, 5000 SF being required in this RESIDENTIAL-COMMER- CIAL District. 3. We are advised that pursuant to Building Permit #3897 -85 of Jan- uary 28, 1985, copy of record, the dwelling on Lot 2 has been relocated to be conforming with respect to northeast side lot line setback. To cure a resulting loss of the required parking space on Lot 2, Applicants' counsel undertook to place on record in the Registry of Deeds an easement as to Lot 1 in favor of Lot 2 meeting the By -Law requirements for that parking space (the Lot 1 parking space also being provided). 4. Based upon representations, testimony and documentary evidence, the Board finds that non - compliance with the minimum lot size requirements arguably affects marketability of each lot, limits prospect of sale and creates a substantial hardship to the Applicants. -2- (024 -85) 5. Owing to circumstances relating to the placement of the historic dwellings on the parcel, and on adjacent parcels such that additional land is not available to meet lot size requirements, this parcel is uniquely affected. 6. The relief sought 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. The Planning Board recommended favor- able action. One letter in opposition was received but, misconceiving the proceedings before us, objected to subdivision of the parcel into two lots, already lawfully accomplished by action of the Planning Board. 7. For the above reasons, the Board, by UNANIMOUS vote, hereby GRANTS the Applicants relief from SECTION 5.1 of the Zoning By -Law by VARIANCE pursuant to SECTION 7H, subject to Applicants entering into the Registry the parking space easement specified above. Dated: April 1, 1985 Nantucket, MA 02554 F;aoA.M. William R. Sherman Andrew J. Leddy /. , t";)— - Linda F. Williams 33 . NOTICE A Public Hearing of the BOARD OF APPEALS will be held on WEDNESDAY, MARCH 13, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of EDWIN A. AND MARIE E. LEMBERG (024 -85) seeking a VARIANCE under SECTION 7H from the provisions of SECTION 5.1 (minimum frontage and minimum lot size requirements) of the Zoning By -Law. If granted, the Applicants would be able to cure a technical zoning violation which adversely affects the market- ability of title to property located at 1 and 1 1/2 FAYETTE STREET, LOT 339 PLAN 42.2.3 and is zoned RESIDENTIAL - COMMERCIAL. I William R. Sherman, Acting Chairman BOARD OF APPEALS r , FEE $100.00 Case No.a APPLTCATION TO THE BOARD OF APPEALS Nantucket, MassachuSC To the Members of the Board Of A.rpoals : The unc,:r.signed hereby appli6s for relief from the terms of ti (TONING PY- LAW) (BUILDTNG CODE) on property described below: alit kon of Property ' /z. T& t-\ _,P S- . N d" clk�'t No. 33, -- -Plan No.� District is zoned for_ _ R. C _ Typo of structure(Existing or Proposcd) or proposed use: Owner's N�.e :E�)„;,,v A. MnRiG c• LEm$c6zc_ Owner's Address NArv,vcK,f7 when did you acquire this property ?_N_ y (/• �C�r �QY1 _ v Has application been filed at Building Department? N� Has any previous appeal been made? mz5- /M.K(lU`� Section of By -Law or Code from which relief is requested: -S _ 7,1�•� fo%f+S,o-AS V 5c:f10,j S r^ r4 *4 � h, /n .Cot Sr�� I -T Reason for asking relief.: �i +f' + �{ �' `� -le- c c a � ci � c i - 1 ` i p , {,. -l�r Jel i.,,�-j i -.t .,ter 4-� i ,i "- c f- 3 u b + J r +i+ C', "It / Signature of japlica:nt -f1.a � v •w +.c i �h a s; 4- u �'fr o vi S .j 4, S'-fa �,e % �,.,. -- ll c/1 mss_ ATTACH: (1) A list,.bf the names and addresses of each abutting o t� and owner abutting the abutters, and owners withi;: 'OG (2) A check in the amount of $100.00 made payable to the of Nantucket. (3) Four copies of the application and a map or plan s:,,c: the location of the property to be considered. (4) If the applicant is other than the owner, please indica 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 oft !Name Gpwi N Lc M t3Cl?f. Address Oe i #,e t-t Adc JV 41V- TUCKf-T Property Address t �z fia�F 14 } - f�/a,,.� �, � rt � Ft -223 —33 rn6lL fi�P/�tSS q2-23 - o36 /z7 l S7 -sti c ik, N cJfiA.r1, MA. oZi el 4LL3- s3 wAs0,N�-roto F T 14 477- 3 -C32 2Si-7 �mM.tr•. IQ�e•� 3r• y, N �. ICy t LL .� Uo + ,� O . !Z a�Q/ �... i n w.f, �� .� . �l zL S t3 &A' v"-A U4'0- ;h ¢ oq�-�L H t L 3 - c� s 7 1 7, z' z 3- o t t, ! f B cti.,- �; A z 3- 3 'Y 2 S �. A C41 ,Q . .. 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S t. � .'lr� p,,.�eAv#- � �•� Via.. 0 2 � S `1 Zr yZ32 CZp Z. _ C� F y V 1�6e Q Q t C <� G h 4/y , 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 ways - ond__ouns"- --of -land within 300 feet of the property, all as they appear on the most recent applicable TAX list. Det ssesswr Town of Nantucket