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Home My WebLink About028-85TOWN OF NANTUCMfI'r BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April 1, 1985 Re: AUDREY M. SARGENT (028 -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 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 AUDREY M. SARGENT (028 -85). 1. This is an Application for a VARIANCE under SECTION 7H of the Zoning By -Law seeking relief from SECTION 5.1 concerning ground cover limits. If granted, Applicant would be able to complete construction of th 582 square foot garage on the premises, Lots 216,217,218,219, Plan 5004 D on WANOMA WAY (ATLANTIC BLVD.) TOM NEVERS. Applicant also apparently owns Lots 196 and 197, for a total of 30,000 SF. 2. With consent of respective counsel, this and a related Application (020 -85) of the developer NANTUCKET BEACH PROPERTIES, INC. (NBP), were heard together. NBP proposes to transfer 10,000 SF (Lots 198 and 199) out of its abutting block to Applicant, making Applicant's 30,000SF parcel less non - conforming, that is 40,000 SF. Reduction of NBP's 90,000 SF to 80,000 SF would make it more non - conforming in the LUG III zoning district, and NBP asks Variance relief in this respect to retain buildability. 3. In a series of confusing interchanges between Applicant and prior Building Inspector, according to representation, construction of the garage was alternately approved and halted. At one point, Applicant removed a 155 SF portion of the dwelling to conform with Building Inspector require- ments. 4. Successive acquisitions of paired lots by Applicant and the pre - sense of paper roads on either side apparently contributed to confusion. There was no evidence of bad faith in construction of the garage and no adverse recommendation by the Planning Board. Ground cover with garage would be 1913 SF, that is 413 SF over the 1500 SF limit (not 331 SF as previously thought). -2- (028 -85) 5. Inability to complete the garage would be a substantial hard- ship to Applicant. Owing to the topography of the land and unique siting of the partially completed garage, the public good would be enhanced by its completion. The requested relief may be granted, conditioned on the 10,000 SF transfer by NBP, without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By -Law. 6. For the above reasons, the Board, by UNANIMOUS vote, hereby GRANTS to Applicant the VARIANCE relief requested, allowing a 1913 SF ground cover on 40,000 SF parcel. Dated: April 1, 1985 Nantucket, MA 02554 qak! William R. Sherman 4re!A2 Andrew J. Leddy Linda F. Williams 25 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MARCH 29, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli- cation of AUDREY M. SARGENT (028 -85) seeking a VARIANCE under SECTION 7H for relief from SECTION 5.1 (ground cover ratio) of the Zoning By -Law. If granted, the Applicant would be able to construct a garage for an existing year -round family home, which would exceed the ground cover ratio by 331 square feet. The property is located at WANOMA WAY ( ATLANTIC BLVD. ), TOM NEVERS, LOT 216921792189 219, PLAN 5004 D and is zoned LUG -3. William R. Sherman, Acting Chairman BOARD OF APPEALS $100.00 APPL "Iur 'O THE BOARD OF APPEALS To the Members of the B. L of Appeals: se No. Nantucket, Massachusetts The undersigned her,. applies for relief from the terms of the (ZONING BY- LAW)(BUILDING COL'- on property described below: Location of Property (.. /�/Jli�d4/2�% !�ZA ,0 ,4 !� Lot No. ,216 2Zj�E . _Plan No. �Q y District is zoned for SDD /N /A/• Type of structure(Exis tin4 or Pro, d) or proposed use :4 Owner's Name 440,o,)r/I?. Owner's Address 3 S�iV�/f When did you acquire this property? /G.7" .1 y Has application been filed at Building De, rtment? yZ$ Has any previous appeal been made? Section o TLaw or de f �ch relief requested: 4o 0, A&Q on S. /� S T. DaFi2 Reason for ask}' ng relief: U&&,d e roar)A ` -� s T .oi�,c��J s rPa -<01" L �O/IziG- kzolz ;rw� _ S u g app PAO� Ld L an a %� d ATTACK: T A list of the n es resses 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 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 TOWN OF NANT! ET BOARD OF i,- ,ALS of pa,. :ic,s in interest in the = the petltic n of SIV Address PV141�O/, ''_ 1'1/ Property Address_, /i�C '� - - -- /t/•�.r� i v�fCe % % /�•r/ Se/2�/,4 � /Oil/ GD/2� /7i /it/ le ri //Z,�4�s D 2-0 0 9- T certify the foregoing is a list of persons who are owners or l-,