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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