HomeMy WebLinkAbout081-85TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
September 23, 1985
Re: ZOE WILLET COTTON (081 -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
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
DECISION:
In the matter of the Application of ZOE WILLET COTTON
(081 -85), at a meeting of the BOARD OF APPEALS held at 1:30
P.M. on Friday September 13, 1985, at the Town and County Build-
ing, Nantucket, the Board enters the following Decision and
makes the following findings:
1. This is an application for a VARIANCE granting relief
from the requirements of SECTION 139 -16.A (Intensity Regulations -
Minimum Lot Size; Frontage) of the Nantucket Code. If granted,
the Applicant would be permitted to maintain her existing single -
family dwelling upon a lot which contains only 2,641 square
feet (5,000 square feet being the minimum lot size permitted
by the By -law) , with frontage of 33.78 feet on Pleasant Street
(50 feet being required by the By -law). The subjefct premises
consist of the property approximately shown on Assessor's Map
55.4.1 as Parcel 64, are shown as Lot 1 on plan recorded in
Plan Book 18, Page 123, are located at 28 PLEASANT STREET,
and are zoned as RESIDENTIAL -OLD HISTORIC.
2. Based upon the application and the materials and
testimony presented at the public hearing, the Board finds
that the subject premises contain. 2,641 square feet, with
frontage of 33.78 feet on Pleasant Street. From a time prior
to the effective date of the Nantucket zoning by -law in 1972,
until 1978, the premises were in common ownership with the
land shown as Lot 2 upon the aforesaid plan recorded in Plan
Page 1 of 4
Book 18, Page 123, which contains 5,473 square feet and has
frontage of 81.92 feet on Pine Street. Each of Lots 1 and
2 contains a single- family dwelling, which in each instance
was standing in its present location at the time of the adoption
of the Subdivision Control Law by the Town of Nantucket in
1955. The aforesaid plan in Plan Book 18, Page 123, was prepared
for the estate of Muriel C. Willet, the Applicant's mother,
and was endorsed by the Planning Board as not requiring approval
under the Subdivision Control Law on May 20, 1974 (presumably
by reason of the exclusion in General Laws, Chapter 41, Section
81L, from the definition of "subdivision" of a division of
a tract into lots upon each of which stands a building pre- exist-
ing the effective date of the Subdivision Control Law in the
municipality), and was recorded on May 30,1974. The lots created
on that plan, considered together, complied with the zoning
by -law, as to minimum lot size (a total of 8,114 square feet)
and frontage (81.92 feet on Pine Street) requirements. Lot
2, as shown upon the plan, remained in compliance; however,
Lot 1, as stated above, did not comply with these requirements.
Lot 2 was sold and conveyed by Henry Lee Willet, the Applicant's
father, to Peter W. Stroh and Nicole E. Stroh by deed dated
September 14, 1978, and recorded on September 15, 1978, in
Book 165, Page 336; Mr. Willet retained Lot 1 until his death,
and devised it to the Applicant by his will. Lots 1 and 2
have remained in separate ownership since the above- described
conveyance of September 15, 1978.
3. The Applicant represents that she has been unable
Page 2 of 4
to sell her above - described property by reason of questions
of marketability of title arising from the division of Lot
1 from Lot 2 and the nonconformity of Lot 1 with the dimensional
requirements of the by -law.
4. The Board finds, based upon a review of the Application
supporting documents, plans, testimony, correspondence, and
a viewing of the subject premises, that, due to circumstances
relating to the condition, shape or topography of the subject
premises, and especially affecting the subject premises but
not affecting generally the zoning district in which they are
located (such circumstances consisting of the existence of
the structures upon both Lots 1 and 2 before 1955, and the
nonconformity caused by the division of the premises into
separate lots and their conveyance into separate ownership
in reliance upon the exemption of the division from the require-
ment of approval under the Subdivision Control Law), a literal
enforcement of the provisions of the Zoning By -law would involve
substantial hardship, financial or otherwise, to the Applicant
(such hardship consisting of the fact that the Applicant owns
no adjacent property with which the subject premises could
be combined, and that therefore the Applicant has no means
of curing the nonconformity in her lot), and that desirable
relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating
from the intent or purpose of the Zoning By -Law (in that the
maintenance and continued single - family residential use of
the building upon the subject premises, which pre- exists the
Page 3 of 4
effective date of the Zoning By -Law in 1972, is not a permitted
subject for regulation under the Zoning By -Law by reason of
General Laws, Chapter 40A, Section 6).
5. The relief granted hereby is subject to the limitation
and condition that no exterior alteration, reconstruction,
extension or structural change of the building upon the subject
premises may be made within the portion of the subject premises
lying within any required front yard, side yard or rear yard
setback, including any upward extension or exterior alteration
of any portion of the existing building which lies within any
such setback area, unless further relief is secured from the
Zoning By -Law provisions imposing such setback requirements,
such relief to be secured in a manner provided by law.
6. For the reasons and upon the condition set forth,
the BOARD OF APPEALS hereby GRANTS the Applicant relief from
Section 139 -16.A of the Nantucket Code by a VARIANCE by a
UNANIMOUS VOTE.
aa�
Dated: Z,3 , 1985
William R. Sherman
Dorothy D. Vo-r'lans
C � _X it-0 �� I �'\
C. Marl all Beale
Page 4 of 4
�j
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, SEPTEMBER 13, 1.985 at 1:30 p.m. in the TOWN AND COUNTY
BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application
of ZOE- WILLET COTTON (081 -85) seeking a VARIANCE under Zoning
By -I,aw SECTION 139 -16A to cure a technical flaw in marketability
of title following subdivision and resulting subminimum lot size
and frontage. The property is located it 28 PLEASANT STREET,PARCEL
64 of ASSESSOR'S MAP 55.4, LOT 1, PLAN BOOK 18, PACE 123 and
zoned RESIDENTIAL OLD HISTORIC.
William R. Sherman, Crairman
BOARD OF APPEALS
AP -1
FEE
$ 100.00 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 28 Pleasant Street (55.4. -64)
Lot No. 1 Plan No. Plan Book 18, Page 123
District is Zoned for Residential - Old Historic
Existing single -
Type of structure (Existing or Proposed) or proposed use: family residence
Owner's Name Zoe Willet Cotton (devisee under will of Henry Lee Willet)
*Owner's Address Route #2 Lemont, Illinois 60439
When did you acquire this property? September 29, 1983
Has application been filed at Building Department? Igo
Has any previous appeal been made? No
Section of By -law or Code from which relief is requested:
(Minimum Lot Size; Frontage)
Reason for asking relief: See attached statement` —
Section 5.1
*Please send all correspon Brice to: Z0 WILLET COTTON
Attorney Arthur I. Reade, Jr. Signature of applicantBy• - %. �•
T Attorney
A'f T.AC13: (1) A list of the names and addresses of each aoutting owner. and
22$ - 3 owner abutting the abutters.
0, UD , 0 1
(2) Check in the amount of made payable to the Town of
Nantucket.
(3) Map or plan showing the location of the property to be
considered.
lease indicate otir
(4) If the applicant is other than the owner, p Y
authority to make this application.
BOARD'S DECISION
�.p nl�i anon su fitted to Board
:.dvertising dates —
Hearing date -
Becision of Board
Decision filed
Application of Zoe Willet Cotton, 28 Pleasant Street (55.4.1 -64)
The subject premises consist of a lot containing 2,641 square
feet (5,000 square feet minimum lot size under the by -law), with
frontage of 33.78 feet on Pleasant Street (50 feet minimum under the
by -law). A single- family dwelling with ground cover of about 396
square feet, or ground cover ratio of 15.0o, has been standing upon
the premises since a time prior to the effective date of the zoning
by -law in Nantucket in 1972.
Until September 14, 1978, the subject premises were in common
ownership of the decedent's father, Henry Lee Willet, with adjacent
property shown as Lot 2 on plan recorded in Plan Book 18, Page 123,
which contains 5,473 square feet and has frontage of 81.92 feet on
Pine Street. On that date, Mr. Willet sold the Pine Street lot,
which also contained a dwelling pre- existing the effective date of
zoning. The result is that the conveyance of Lots 1 and 2 into sepa-
rate ownership left Lot 1 as a lot not complying with the zoning by-
law and not entitled to the protection afforded by the by -law to lots
of record.
Accordingly, application is made for a Variance from the minimum
lot size and frontage requirements of the by -law, enabling the exist-
ing lot with buildings thereon, as willed to the applicant, to be
maintained in separate ownership, thus correcting a technical flaw in
marketability of title to the premises and enabling the premises to be
considered as a non - conforming lot containing a previously -built struc-
ture for purposes of determining the maximum allowable ground cover
in connection with any expansion of the building upon the premises.
TOWN OF 1 ;ANTUCKET
BOARD OF APPEALS
List of parties in interest in the matter of the p�TtyL- of:
(5.4.1 -64)
Name Zoe ti-Villet Cotton _ —
Address
Route #2, Lemont, Illinois 60439
Property Address 28 Pleasant Street
SLE ATTACHED LIST. ---
Z certify the foregoing is a list of persons who are owners of lard
abutting the property, owners of land abutting the abutters, owners
of land directly opposite the property on any street or way, and
owners of land within 300 feet of the property, all as they appear
on the most recent applicable TAX list.
Dat Assessor
�� /;�� Town of Nantucket
subject parcel.: 55`4.1 -64
James A. Norcross
One Twin Street
Nantucket, Massachusetts 02554
Gerald E. Clare
Box 4477
Fort Lauderdale, Florida 33380
Theatre Workshop of Nantucket, Inc.
Seven Twin Street
Nantucket, Massachusetts 02554
Elizabeth C. Spencer
30 Meadow Lane
Rochester, New York 14618
Samuel Burgess
28 Pine Street
Nantucket, Massachusetts 02554
Clair E. and Barbara P. Butler_
25 Pine Street
Nantucket, Massachusetts 02554
Richard J. and Muriel D. Mercer
Lowery Lane
Mendham, New Jersey 07945
Robert P. and Dorothea P. Grimes
22 Pleasant Street
Nantucket, Massachusetts 02554
Scott and Deborah M. Andy- ,-.son
20 Pleasant Street
Nantucket, Massachusetr- -7 02554
Rabe, is t J. and Ri r ) [:_: it r'iannery
11 Pine St! +et
02554
(42.3.2 -43)
(42.3.2 -44, 104)
(42.3.2 -45)
(42.3.2 -46)
(42.3.2 -47)
(42.3.2 - 48,43.1, 11.2)
(42.3.2 -49)
(42.3.2 -50)
(42.3.2 -51)
(42.3.2 -52)
Sydney William Small
Six Farmer Street
Nantucket, Massachusetts 02554
lielen S. Root
1�lackstone Embankment
Uxbridge, Massachusetts 01569
Peter D. Cole
Old Ayer Road
Groton, Massachusetts 01450
Antone S. and Caroline Sylvia
26 Pine Street
Nantucket, Massachusetts 02554
Eunice Sjolund
24 Pine Street
Nantucket, Massachusetts 02554
Philip B. and Evangeline R. Hicken
23 Pine Street
Nantucket, Massachusetts 02554
Lyman S. A. and Kate Perry
311 N. Newtown Street
Newtown Square, Pennsylvania 19073
Susie M. Gallagher
128 Chapin Street
Binghamton, New York 13905
Harriet Martin Ruffin
Fox Chapel Manor
150 North Drive
Pittsburgh, Pennsylvania 1.5238
Fritz F. and Marrianne Blumenthal.
Scctchtown Road
422 SiIV ?rlak(-!'
Mi�'.d1et�_)wn, Ncl-
.1 -Y'
(42.3.2 -105)
(42.3.2 -106)
(42.3.2 -108)
(42.3.2 -109)
i^
i ��
(42.3.2 - 110,111)
(42.3.2 -113)
(42.3.2 -114)
(42.3.2 -115)
(42.3.2 -116)
(42.3.2 -158)
(42.3.2 -159)
Ann R. Warren
Three Farmer Street
�santucket, Massachusetts 02554
;,,lice L. Wilson
(42.3.2 -160)
56 College Street
Hudson, Ohio 44210
Thomas Ev:zn and Deborah W. hurskal et al (42.3.2 -161)
Four Potter Park
Cambridge, Massachusetts 02554
Fulalie Ashmore Hilts
(42.3.2 -162)
Six Darling Street
Nantucket, Massachusetts 02554
Frederick A. and ,7anf_y C.
Richmond (42.3.2 -189)
Tuttle Court
Nantucket, Massachusetts 02554
Louise Anderson Melhado
(42.3.3 -30)
19 Pleasant Street
Nantucket, Massachusetts 02554
Franklin F. and Arline S. Bartlett
~5.4.1 -1, 57, 58, 61)
21 Pleasant Street
Nantucket, Massachusetts 02554
Emery E. and Florence C. Allain
(55.4.1 -3)
108 Valley Road
Greenwich, Connecticut 06807
Nelson C. and Theresa P. Woodward
(55.4.1 -4)
27 Pine Street
Nantucket, Massachusetts 02554
E. William and Vivian D. henry
3110 Dumbarton Avenue
Washington, DC 20007
:pia rie L. Blais
370; Freshwater Drive
J 33458
upiter, Florida
i _
i3ry E. Boyer
34 Pine Street
Nantucket, Massachusetts 02554
Charles E. and Annie L. Ryder
36 Pine Street
Nantucket, Massachusetts 02554
�iilliam L. and Ellen J. Selden
1_2 Milk Street
Nantucket, Massachusetts 02554
Bartlett Heating & Plumbing Co., Inc.
Four South Mill Street
Nantucket, Massachusetts 02554
Josiah S. Barrett and
Paul A. and Jean F. Grogan
Three Martins Lane
Nantucket, Massachusetts 02554
Bernard and Helene Bartlett
23 Pleasant Street
Nantucket, Massachusetts 02554
Isabelle DeWitt
54 Huntington
New Haven, Connecticut 06511
Perry R. Taylor, Jr.
Box 6083
McLean, Virginia 22106
Sewell Shreve & Martha V. Allen
35 Pine Street
Nantucket, Massachusetts 02554
Mary Brent White
Attention: J. Miller
Merchants Safe De?v?_,it Cu
Box 2257
Baltimore, Maryland 212J`
(55.4.1 -7)
(55.4.1 -8)
(55.4.1 -9)
(55.4.1 -59)
(55.4.1 -62)
(55.4.1 -63)
(55.4.1 -65)
(55.4.1 -66)
(55.4.1 -67)
(55.4.1 -(,
-Tames L. and Dian M. Pomeranz et al
(; 94 Foxcroft Road
vilest Hartford, Connecticut 06119
Parry G. Foster
144 Wardwell Street
Stamford, Connecticut 06902
31 and 33 Pleasant St. Condominiums
c/o Kevin Shore
Liberty Street
Nantucket, Massachusetts 02554
Joseph and Laura M. Senecal
29 Pleasant Street
Nantucket, Massachusetts 02554
Helena F. Caldwell
Two South Mill Street
Nantucket, Massachusetts 02554
Richard E. Deutsch
Cherry Valley Road
Greenwich, Connecticut 06830
Douglas S. and Barbara B. Frazier
30 Pleasant Street
Nantucket, Massachusetts 02554
Caroline Corkum et al, Trustees
Polpis Road
Nantucket, Massachusetts 02554
Patrick Newport and Anna Tunning
14 Lyon Street
Nantucket, Massachusetts 02554
Francis P. Hanlon
34 Pleasant. Strut
Nantucket, 02554
Alma C. Coffin
16 Harbor Place
Goodland, Florid 33933
(55.4.1 -69)
(55.4.1 -70)
(55.4.1 - 107, 108)
(55.4.1 -109)
(55.4.1 -11.0)
(55.4.1 -111)
(55.4.1 -112)
(55.4.1 -113)
(55.4.1 -114)
(55.4.1 -115)
(5 5.4.1 -116)
John Evert and Gloria Dymling et al (55.4.1- -117)
"line Hanson Drive
North Kingstown, Rhode Island 02852
Ernest R. and Gerturde C. I:ing (55.4.1 -157)
38 Pleasant Street
Nantucket, Massachusetts 02554
David Piasters
76 Harding Drive
New Rochelle, New York 10801
Franklin Bartlett (55.4.1 -199)
Six South Mill Street
Nantucket, Massachusetts 02554
William F. Fordyce et al (55.4.4 -20_
Box 326
Nantucket, Massachusetts 02554
Helen Meredith (55.4.4 -22.1, 22.2)
One South Mill Street
Nantucket, Massachusetts 02554
Elizabeth R. Moore (55.4.4 -22.3)
Five South Mill Street
Nantucket, Massachusetts 02554
Phillip J. and Pauline Minella 155.4.4 -52.1, 52.2)
Seven Darling Street
rIantucket, Massachusetts 02554