The URL can be used to link to this page

Home My WebLink About041-85- -_ ►►µTUC�fr o s TOWN OF NANTUCKET BOARD OF APPEALS RATE NANTUCKET, MASSACHUSETTS 02554 u� June 11, 1985 Re: WILLIAM BURDICK (041 -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 �84} A�ALS — TOW"F NANTUCKET NANTUCKET,- MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MAY 24, 1985 at 1:30 p.m., in the Town and County Building, Nantucket, rendered the following decision in the Application of WILLIAM BURDICK (041 -85) of Apple- ton Road, Nantucket, MA 02554. 1. Applicant seeks relief from the minimum lot size and frontage re- quirements of Zoning By -Law SECTION 5 (codified as Section 139 -16). With Applicant's approval, notice was given of requests in the alternative for SPECIAL PERMIT or VARIANCE. The property is located on THURSTON'S WAY, Tax Map 66, Parcels 29 and 307 Plan Book 18, Page 127, in the RESIDENTIAL -2 Zoning District. If relief were granted, the two parcels of the property would be separately marketable. 2. Applicant's property was subdivided June 17, 1974, with ANR en- dorsement by the Nantucket Planning Board. The subdivision plan received of record shows the property as two adjoining lots 9 and 28, each with south lot line shared with an abuttor, then Thurston, now Visco. Lot 9 (parcel 29) has frontage on Appleton Road giving access to Applicant's home. Lot 28 (parcel 30) bears the notation "to be conveyed to owner of lot 9," ie. to Applicant and Alberta M. Burdick. 3. A copy of Assessor's Tax Map 66 shows Visco's Lot 121 as a thin triangle blocking Applicant's Lot 30 frontage on Thurston's Way. Also of record from Applicant is a letter of May 24, 1985 from abuttor Visco offer- ing to give Applicant's son Michael (proposed transferee of the property) "an easement in perpetuity, or if necessary, convey the fee interest,.for access to Thurston's Way." However, without actual fee transfer to Applicant, we are unable to find the frontage mandated by the By -Law. Failing this, we cannot grant the requested relief to allow separate transfer ability of the lots. 4. Additionally, Applicant acknowledges lapse of the period following subdivision within which Applicant might have made the transfer irrespective of the upzoning from R -1 to R -2. In explanation Applicant said he had wanted to await his son's maturing. (041 -85) -2- 5. Applicant noted frustration to find his R -2 zoned property ad- jacent the Residential - Commercial -2 zoning toward Bartlett Road with a 5000SF, not 20,000SF lot size requirement. We are not, however, empowered to alter the zoning map or to find zoning of an area to be arbitrary and unreasonable. We are mindful of the record of Annual Town Meeting April, 1985 at which Applicant sought unsucessfully to have his property down zoned. We are not able to do so, not only because of the ban against spot - zoning, but also because that is the province of Town Meeting. 6. Our prior grants of variance relief for subminimum lotscreated by ANR under the Subdivision Control Law were predicated on pre -1955 buildings standing on the respective lots so as not to constitute a "subdivision" under the law. This is a different case. 7. We are unable to find "hardship" of the character required by statute for variance relief nor the required absense of harm to the intent and purpose of the Zoning By -Law, much less a harmony with such intent and purpose. The Planning .Board recommended unfavorable action. 8. Upon motion made and seconded to grant relief, member Vollans voted in favor and members Sherman and Beale voted against. Relief is ac- cordingly DENIED. Dated: June//, 1985 Nantucket, MA 02554 William R. Sherman 420 Yfj Dorothy D. Vollans f C. Ma shall Beale NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MAY 24, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of WILLIAM BURDICK (041 -85) seeking a SPECIAL PERMIT or in the alternative a VARIANCE under SECTION 5 (codified as Section 139-16) (intensity regulations- minimum lot size and frontage) of the Zoning By -Law. If granted, the Applicant would be able to convey an undersized lot (15,500 square feet) on which a single - family dwelling could be built. The property is located at THURSTONS WAY, TAX MAP 66, PARCELS 29/30, PLAN BOOK 18, PAGE 127, and is zoned RESIDENTIAL -2. William R. Sherman, Chairman BOARD OF APPEALS AB -1 FEE $100.0 _ _ 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 Thurston's Way 3xo t-NOY Tax Map 66 XNAWk4ou Parcels 29/30; Plan Book 18 . Page 127 li II District .3 Zoned for Residential Two i Type of atrueture (Eaiating or Propobed) or proposed use: Residence Owner's Name, William Burdjck I Owner's :'Lddreos Appleton. Road, Nantucket, Massachusetts WYhe i did you acquire this property? 1975 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 \— n,I.,_'_ —,,1. . - wuiu auu r - u t Reason for asking relief: Applicant wishes to give an undersized lot (15.500 sq. feet) to his son in order that he might build himself a home on Nantucket. Signature of applicant Richard J. G 'dden ATTACH: (1) A lint of the names and addresses of each abutting owner and owner abutting the abU:tera. (2) Check in the amount of "a made payable to the Town of Nantucket. (3) Map or plan vhowi�hg the location of the property to be considered. i (4) If the applicant to lother than the owner, please indicate yorir authority to make ;this application. BOARD'S DECISION Application submitted to Board JT-T Advertising dates Hearing date Decision of Board Decision filed with the Town C4erk Tcr'N 01 r'AYTUCAET -oard of Ippealo I. ist of parties in interest in the matter of the petition of: William Burdick — ?ddrnss: Appleton Road Nantucket Massachusetts 02554 _ i roperty address- Thurston's Wad LOCUS: 66 -29/30 66-20 Arn en Realty Trust 66 --33 Arnoldv Doris Paterson g -20.1 c/o Friedman through 1177 Clinton Avenue -20.5 Irvington, NJ 07111 -21 Manuel R. $ Sarah B. Sylvia, Jr. 6 Nobska Way, Box 184 Nantucket, MA 02554 -22 Bryan F. & Janet M. King 4 Nobska Way Nantucket, MA 02554 -23 Glenn & Brenda McGarvey P. 0. Box 2123 Nantucket, MA 02554 -24 Carl H. Sjoland -25 6 Parker Lane Nantucket, MA 02554 -26 Charles F. & Kathleen Sayles, Jr Box 961 Nantucket, MA 02554 -27 Karen L. Carpenter 8 Thurstons Way Nantucket, MA 02554 -28 David W. $ Andrea B. Smith 42 Pond Street Nantucket, MA 02554 -31 Bruce E. $ Jill M. Evans 44 Gramercy Park, NO. New York, NY 10010 -32 David Riemer, Trustee The Kate Spencer Realty Trust Hoyly Circle Weston, MA 02193 5 Thurstons Way Nantucket, MA 02554 -34 Eunice B. Doerschuck � Gail Ward Indian Waters Drive New Canaan, CT 06840 -35.1 Albert William & Doris A. Jenkins P. 0. Box 1162 - 23 India Street Nantucket, MA 02554 -3S.2 John W. & Kathleen A. Stakes 126 Highland Avenue Winchester, MA 01890 -36 John F. $ Blanche P. Burns. 17 Orchard Street Amesbury, MA 01913 -37 Evelyn Benson Duckworth -38 34 Howland Avenue Warwick, RI 02886 -39.1 Donald f, Henrietta Margolin 6 Glen Hook Road Hillsdale, NJ 07642 -39.2 Joseph R. & Mary V. Murphy 128 Eastwood Circuit West Roxbury, MA 02132 -40 Frederick W. Howes 7956 Pinemeadows Lane Cincinnatti, OH 45224 -41 Raymond A. & Jean G. Kraft 20 Shawnee Road Box 96 Trumbull, CT 06611 1 , ,- ify the foregoing is a list of persons who are owners of land abutting the rOl rr ly ind owners of land directly opposite the property on any street or way, :;.d owners of land within 390 feet of the property. all as they appear on the most recent applicable TAX list. . , te�3�1 r >> Page 1 of 2 Town of Nantucket \ ABUTTORS LIST (con't.) WILLIM7 BURDICK LOCUS: 66 -29/30 67 -95 Ronald C. $ Susan B. Glidden 15 Franklin Street West Rutland, VT 05777 -96 Pacific National Bank Trust u /w /o Gertrude Tarvis 2 Helen's Drive Nantucket, MA 02554 -97.1 Donald T. & Phyllis J. Visco Fairgrounds Road Nantucket, MA 02554 -97.2 David M. $ Linda M. Charnes 21 Fairgrounds Road Nantucket, MA 02554 -98 Charles B. & Ann C. Erickson 128 Browns Lake Road Durango, CO 81301 -99 Louis $ Donna Ferreira 9 Nobska Way Nantucket, MA 02554 Pine Valley Realty Trust c/o R. J. Glidden 37 Centre Street Nantucket, MA 02554 66 -66 Gilbert E. Burchell, Jr. -66.1 Phyllis C. Burchell -66.2 40 Bartlett Road Nantucket, MA 02554 Page 2 of 2 I• la 3.5 A 40.3A It 93 94 99 to 90 0 97 7.04 67-106 c 99 0 IAA O 00 20 + �+ 23 100 22 !1 3.7 A 08SKA 1YAy -�/ 24 26 2i as 27 MAY sl at 33 .. 34 39 316 �fai 40 O 42 N 44 45 / d 43 w l ° " 49 @@ 6 48 1 W 10t.4 A W ao S 62 63 al .. o � e sT �� 13e.4 A O i III Aw ss•10 I.IA J� CO .i � 1 � rs•' , m 00 T -e4 0 1 1 69 61 1 1 %&A / / 2 p / 04 1 1.0 A / 126 4.5 A ' 1 y�0 , o 1 1 to M f 6.3 A 122 < 'Y V / 1.3 A / N 94 000 O W' 66 to r k.