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Home My WebLink About029-85s oj�1v TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April 1, 1985 Re: NANTUCKET BEACH PROPERTIES, INC. (029 -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 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. (029 -85). 1. This is an Application for a VARIANCE pursuant to SECTION 7H of the Zoning By -Law to obtain relief from SECTION 5 concerning minimum lot size requirements. If granted, Applicant's Lot No. 758, 17 CHUCK HOLLOW ROAD -, Plan 5004 -48, in a Zoning District LUG -3, would be buildable. 2. According to plans offered in this Application, representations and testimony, and the Application papers, Lot 758, the last unsold lot in its cluster subdivision, is adjacent an abutting 5 acre lot owned in common by Applicants. Thus merged for zoning purposes, and the protected 7 year period since plan endorsemant having run, Lot 758 is undersized and not buildable without a Variance. 3. Unquestionably Applicant has a substantial financial hardship in holding a non - buildable lot. However, this hardship is of its own making. The Planning Board recommended unfavorable action on this basis. On this Island, open land prices have risen greatly since the running of the 7 year period when a buildable lot could have been sold. Applicant should not be heard to complain, having neglected its seven -year opportunity, that the current value of a buildable lot is no longer realizable. 4. The 5 -acre lot was designated before the Planning Board as a recreational green space. Applicant may not be able to annex a portion of that lot onto Lot 758 to meet the By -Law. 5. For the foregoing reasons, this Board finds that the requested Variance would be detrimental to the public good and would tend to nullify Dr derogate from the intent or purpose of the By -Law. -2- (029 -85) 6. A motion was made and seconded to grant Applicant the requested relief , got no favorable vote, and thus relief by Variance was DENIED. Dated: April 1, 1985 Nantucket, MA 02554 William R. Sherman w dh oN Dorothy Vo lans Marshall C. Beale 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 BUIDLING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli- cation of NANTUCKET BEACH PROPERTIES, INC. (029 -85) seeking a VARIANCE under SECTION 7H for relief from SECTION 5 (minimum lot size) of the Zoning By -Law. If granted, the Applicant would be able to treat a lot which is undersized as a buildable one. The property is located at 17 CHUCK HOLLOW ROAD, LOT 7589 PLAN 5004 -48 and is zoned LUG -3. s� William R. Sherman, Acting Chairman BOARD OF APPEALS AB -1 FEE $ 100.00 Case No. OLL 0 � 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 17 Chuch Hollow Road Lot No. 758 Plan No. District is Zoned for LUG -3 5004 -48 Type of structure (Existing or Propobed) or proposed use: Residential Owner's Name Nantucket Beach Properties, Inc. Owner's Address 4 Valley Road Bronxville New York 10708 When did you acquire this property? 1965 Has application been filed at Building Department? Has any previous appeal been made-? No No Section of By -law or Code from which relief is requested: Section v- minimun lot size Applicant seeks a variance pursuant to Section 7 -H. r Reason for asking relief- NBP,Inc has owned Lot 758 and an adjacent 5 acre lots prior to the enactment of zoning-Lot 758 is the last lot of its cluster subdivision that was designed as a buildabe lot for sale as a residential unit -and that is:--still owned by NBP,Inc. The adjacent lot was designed for and is reserved as a "common a_ea" for recreational purposes_ By strict enforcement of the by- laws -to prohibit the sale ot Lot or suBstantial economic n the applicant; to require its redrafting so as to include 60,000 sq.ft.of land from the common ar - IS to ITtistM By its attorney Signature of applicant Richard J. Glidden ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. (2) Check in the amount of $50.00 made payable to the Town of Nantucket. (3) Map or plan showing the location of the property to be considered. I (4) If the applicant is other than the owner, please indicate your authority to make r :this application. BOARD'S DECISION Application submitted to Board Advertising dates Hearing date _ Decision of Board --'- Decision filed with the Town Clerk 755 756 757 ,,,ROAD, t?, 50 -,F ,5004-48 SHEET 2 OF 2 cl) 783 c- 742 110 k C IE\ 743 765 lb 4 7,$ 4 'R 764 i co 7145 .74 S, 763 v 760 ro. as 755 756 757 ,,,ROAD, t?, 50 -,F ,5004-48 SHEET 2 OF 2 cl) 783 c- A ti 110 k C IE\ 765 764 i co C, 00 .74 S, 763 v 760 ro. as C 761 x, asa ap 641 0,93 762 642 cg Z' Aso B,j os 640 ca A ti ,.f TCOV OF T\T �NTUCKET ,. oard of Appeals List of parties in interest in the matter of the petition of: ."am e: Nantucket Beach Properties, Inc. ?.dd re ss: 4 Valley Road, Bronxville, New York 10708 Property address: Lot 758, 17 Chuck Hollow Road 76 -38.1 Nantucket Beach Properti Tns d' -38.2 c/o Mrs. L. Maher 4 Valley Road Bronxville, NY 10708 72 -25 Green, Arthur V. -26 R.F.D, 3 Box 257 Katonah, NY 10536 -27 Witherbee, Kenneth E. F, -28 Dorothy R.F.D. 1, Box 213 Becola Road Thompson, CT 06277 -41 Fiorenza, Robert M. $ Ann B. 241 South Cove Road Burlington, VT 05401 ]'own of Nantucket Broad Street Nantucket, MA 02554 I certify the foregoing is a list of persons who are owners of land - butting the .roper ty and owners of land directly opposite the property on any suet t or way, '::id ownz>rs of land within 300 feet of the property, all as they appear 0:1 the must recent applicable TAX list. ate i � - assessor Town of Nantucket LOCUS 75 -01 75 -2 Saltiel, Jack & Quillard, Judith 8 Trail Street Cambridge, MA 02138 -3 Shevalier, Dix C. & Deborah J. 1107 North Main Street Raynham, MA 02767 -73 Winn, Lisa 25 North Water Street Nantucket, B[A 02554 -74 liainio, Boris 1529 Turner Street Allentown, PA 18102 -15 Trudell, Raymond D. $ Karen Liberty Square Road Boxborough, MA 01719 -77 Fialky, Elaine S. 70 Green 1illow Drive Longmeadow, MA 01160 -78 Nantucket Beach Properties, Inc. c/o Mrs. L. Maher 4 Valley Road Bronxville, NY 10708 -83 Caldarove, Thomas J. & Paul L. 215 Williams Street Chelsea, MA -82 Toper, Jeffrey W. P. 0. Box 433 Nantucket, MA 02554 76 -38.1 Nantucket Beach Properti Tns d' -38.2 c/o Mrs. L. Maher 4 Valley Road Bronxville, NY 10708 72 -25 Green, Arthur V. -26 R.F.D, 3 Box 257 Katonah, NY 10536 -27 Witherbee, Kenneth E. F, -28 Dorothy R.F.D. 1, Box 213 Becola Road Thompson, CT 06277 -41 Fiorenza, Robert M. $ Ann B. 241 South Cove Road Burlington, VT 05401 ]'own of Nantucket Broad Street Nantucket, MA 02554 I certify the foregoing is a list of persons who are owners of land - butting the .roper ty and owners of land directly opposite the property on any suet t or way, '::id ownz>rs of land within 300 feet of the property, all as they appear 0:1 the must recent applicable TAX list. ate i � - assessor Town of Nantucket