HomeMy WebLinkAbout064-85TOWN OF NANTUCKET
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BOARD OF APPEALS
�RPof? I NANTUCKET, MASSACHUSETTS 02554
boost
July 12, 1985
Re: WILLIAM F. AND MARY E. TONER (064 -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 0A of the General Laws, and shall
be filed within twenty (20) days after this date.
Z111$
William R. Sherman, Chairman
BOARD OF APPEALS
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- BOARD OF
= APPEALS
- TOWN OF =NANTUCKET
- NANTUCKET, MASSACHUSETTS 02554
DECISION:
At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, JULY 129
1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter
of the Application .of WILLIAM F. AND MARY E. TONER (064 -85), addressed
P.O.Box 20469 Nantucket, MA 02554, the Board finds:
1. Applicants seek a VARIANCE (originally also asking in the alter-
native, a Special Permit) under Zoning By -Law SECTION 5 ( codified as Sec-
tion 139 -16) to effect a subdivision of two adjoining lots in their same
ownership, desiring each to be legally marketable and buildable although
each of less than the required lot size. The property is located at CLIFFORD
AND POCHICK STREETS OFF THE BOULEVARD in Surfside, Parcels 77 and 128 on
Assessor's Map no. 79 in the zoning district LIMITED USE GENERAL -2.
2. According to testimony and representations of Applicants and coun-
sel, Applicants after return to the Island, purchased Parcel 77, opened
Clifford Street as a way to provide access and built their existing dwelling.
Parcel 77 had been "Land Courted" in 1967. After turning aside a 1980 offer
of a larger lot made through Land Vest, Applicants in 1984 bought Lot 128.
Though represented in the transaction by(other) local counsel, Applicants'
acquisition of the adjoining Parcel 128 was in their same ownership as
Parcel 77, unaware of the legal implications from which they now seek relief.
3. Applicants would like to sell Parcel 77 with their present dwell-
ing and use the proceeds to construct a larger energy efficient house on
Parcel 128 for year -round use in their retirement. Construction of a second-
ary dwelling on the Parcels, as an alternative, would not suit their means
and ends. Nor would they relish selling the two parcels together and finding
an alternative for their retirement home.
4. Each Parcel is 1.1 acre, minimum lot size in LUG -2 being 80,000SF
(Section 139 -16A). Together the parcels with dwelling are conforming. the
note to Section 139 -16A would leave each parcel buildable if ownership of
one had been held separate from the other.
(064 -85)
-2- - -
5. Although Applicants' case evokes strong sympathy and the support
of neighbors, the law constrains us to follow the unfavorable recommendation
of the Planning Board. Applicants simply deserved better of the prior legal
advisers. The conditions of hardship and uniqueness mandated by statute
and courts for grant of a variance are not present here. A Special Permit
is not available in this case.
6. Accordingly, by UNANIMOUS vote, the Board hereby DENIES the re-
quested relief by VARIANCE.
Dated: July 12, 1985
Nantucket, MA 02554
William R. Sherman
Dorothy D. Vollans
C. Marsh�ll Beale
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, JULY 12, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING,
FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of WILLIAM
F. AND MARY E. TONER (064 -85) seeking a SPECIAL PERMIT or in the
alternative a VARIANCE under SECTION 5 (codified as Section 139-16 -
intensity regulations) of the Zoning By -Law. If granted, the Appli-
cants would be able to subdivide LOT 77 from LOT 128 to sell Lot 77
with an existin- dwelling and build a dwelling on Lot 128. The pro-
perty is located at SURFSIDE, CLIFFORD AND POCHICK STREETS, LOT 77
and LOT 128, PLAN NO. 79, and is zoned LIMITED USE GENERAL -2.
William R. Sherman, Chairman
BOARD OF APPEALS
AL- 1
FEE
$100.00
Case No.
APPLICI1TION TO THE BOARD OF APPEALS
Nantucket, Massachuset_
To the Members of the Board of Appeals:
The undersigned hereby applies for relief from the terms of
(ZONING BT- T,AW)(BU'-LDINC CODE) on property described below:
Location of Property Surfside - Clifford - Pochick
Lot 1I0 . #77 and #128 Plan No. Map 79 _
District is zoned for Limited Use General 2 _
Type of structure (Existing or Proposed) or proposed use:Single Family Dwelling
O,:ner's Name William F and Mary E Toner
Ow.Zer's Address P.O. Box #2046, Nantucket MA 02584
When did you acquire this property? #77 in 1963 and #128 in 1980 _
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 5 - Intensity Regulations
Reason for asking relief: Sub Divide Lot 7 from 4128
Applicant desires to build energy efficient retirement home on Parcel
128 and sell Parcel 77 with existing dwelling to pay for retirement
home construction. -
Signat � of applicant
AT'T'ACH: (1) A list of the names and adc?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 T.Dan
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 L'16-
' L gk
Advertising dates
Hearing date (s) --
Decision of Board
Decision filed with the Town Clerk
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TOWN OF NANTUCKET
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of la-,,! dl_ectly opposite th,- property on any street or way, ^.
ownc.rs of land within 300 fec:t of the property, all as the, a—
on the :;ost recent applicable TAX list. �
Ua�te ' Assessor
Town of Nantucket
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