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HomeMy WebLinkAbout086-85QI "T W. \RNOLD WHFATON AND DEBRA I. WHEATON (086-85) !nclnwd, PICOSP find notice A AwvloiKH Of Cho KOAQII ) P ;iPP6;XLI wh L c h l; 5 L h i s A ,v 0 d t h r 0 Clerk. %V' Appual from LM 11 1 KP " qr-unrt I r) CQ00 0 So( ticn 17 nf ChApter oOA Q thn ,f nuc, 1 1 'ws, :i 1 sn, ne filed w4hin uwentv () 0) dpvv &L' in' :ntc- William R. Sherman, Chairman BOARD uF APPEA0 September 20, M5 W. \RNOLD WHFATON AND DEBRA I. WHEATON (086-85) !nclnwd, PICOSP find notice A AwvloiKH Of Cho KOAQII ) P ;iPP6;XLI wh L c h l; 5 L h i s A ,v 0 d t h r 0 Clerk. %V' Appual from LM 11 1 KP " qr-unrt I r) CQ00 0 So( ticn 17 nf ChApter oOA Q thn ,f nuc, 1 1 'ws, :i 1 sn, ne filed w4hin uwentv () 0) dpvv &L' in' :ntc- William R. Sherman, Chairman BOARD uF APPEA0 TOWN OF NANTUCKET BOARD OF' APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION: In the matter of the Application of W. ARNOLD WHEATON and DEBRA J. WHEATON (086 -85) at a meeting of the BOARD OF APPEALS held at 1:30 P.M. on Friday, September 13, 1935, at the Town and County Building, Nantucket. 'Prie boaru eiiuuLS 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 and C (Intensity Requlations Frontage and Side Yard Setback) of the Nantucket Code. If granted, the Applicants would be permitted to maintain thei: existing single - family dwelling upon a lot having only twenty feet of frontage (50 feet being required by the Nantucket Code); such dwelling being set back less than five feet the westerly sideline of such lot (the minimum required_de yard set back being 5 feet). The subject premises are located at 24 New Street, Siasconset., are shown approximately or, Assess- or's Map 73.4.2 as Parcel 23, are sl.own as Lot 2 on a plan recorded with Nantucket Deeds in Plan Book 17, Page 23, and are zoned RESIDENTIAL - OLD HISTORIC. 2. Based upon the application and materials and testimony presented at the public hearing, the Board finds that the subject premises contain 5,497 square feet, more or less and have twenty feet of frontage on New 'treet and that - - -he dwelling located upon the premise:, is s,.-- back less than five feet from the Page 1 of 4 t n o . 1"r om a t i pr for to the effective date t zoning by -law i 19 12 until 1980, the premise s -I - s thy' e -i r)d n the i-I c iii fw� f i e t , h i. p t- t I shown as lot 1 0 Nantucket Deeds in Plan Book 17, �,j wh i c- h t s 1,742 square f,'et, more or less, and on P-7ew street of 68.92 feet-. Each of Lots I and wt-ji-i- In each instance was in existence in its present loc.,,,t.j.or prior to the adcption of the Nantucket zoning by -law in 1972. Fa,,--h of these structures is currently used ds a sinq1le-family dwelling. The aforesaid plan recorded i t h Nantucket D e (-, J s in Plan Book 17, Pacle 54 was prepared for Charles C. Eaton and was endorsed by the Nantucket Planning Bcard as i)ot approval under the Subdivision Control Lci%%, on January 15, 1970 and was recorded on January 15, 1970. [ o t ii_red as one s I and 2, as created on that plan, if cons L I d complied with the zoning by-law in all respects (total "Ir(la of +_13,239 square feet, total frontage of 58.92 feet). ,,(-)t shown i -�taqe and I , a-, sho or said plan, complied with the frot, area requirerrents of the zoning by-law (frontaq(--• of 68.92 feet; L -e T not comply area of +7,742 square feet). Lot 2, however, did as to frontage and side yard setback. Mr. Eator retained owner - r Subsequently, h i lots until his death in 1979. the — I of both dcvisee urldlt_r Mr. 1-1'ator-'s will, the President and Fellows of flarvard .conveyed Lot I to Peter S. Kurzina and Stephanie O. Kurziii(t i, y c d It t: t C Sept ember 23, 1980, recorded with Naiit�ick 1, a " Page. 3. The tn Bcck 178, r V'i r d College con,.eyed Lot 2 to I � � 1(je 2 of 4 (_'r.;Ji !e­,; M. Perkin-,, Jr., anC Gwendol( r F- Perkins b-) deeC dat(-d 0 he r 27, 1.980 recorded w: t h N,i,tucket Deeds can Novemher 79, paq,? ` )_7. Mr. and Mr-s. Perkins conv,2yed 1 Lot 2 to the Applicants by d,,ed dated February 5, 1985, r f, C C) rd e d with Nantucket Dceds on February 7, 1985 in Book 224 Page 322. Lots 1 and 2 have remained in separate ownership since the above-described conveyance on .)f-,-tober 8, 1970. 3. The Applicants represent that they have been unable to sell the subject premises because of the questions of market- dbi,ity arising from the conveyance of Tots I and 2 into sep- arate ownership and the nonconformity of Lot 2 with the intensity Legulations of the zoning by-law. 4. The Applicants -)resented to the Board at the public hearing a petition in support of their application signed by Lwenty-one neighbors and abuttors, specifically including the abut-tors directly to the east and west of the subject, premises. No opposition to the application iv,,as presented. 5. The Board finds, based upon a review of the Applica- tion, 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 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 prior to the effective date of ttte zoning by-law and the nonconformity caused by the conveyance of Lots I and 2 into '--reparate ownership in reliance upon the plan endorsed by the Nantucket Planning Page 3 of 4 r �21�'un Control Law) n)0-_ ipprf)val undor E, n f o r.- cl I! ('� r! t 1 t I in a by- c), her _�s-, Z ve '(qj I C: rc t n gal ha r(I h + a c: t- t thy' A ri t' s own n c) ad acent V v; h t h e Is u b e c t pi-emi ses o u, I d be coml.-Aned and t ha t t s have nc' ­ f he non -c—t-ot Ii fY cl!) that the ;,ie a n des i.red le f rc, a y 17: e ,ral tad v�' h c) u L f- h(, u b 1. ic q ood :i n d w f-h 1 11 r'q r '3ubsfantia I ly zc)�� inc Ieroq.at Lnc, f I- C-) III the n t 1­1 t r" 1_i 1- p j by (in that the maintenance and -ly r-esi!lentiall rig upon t ne C'M I S e S ch pro -ex i s ts t h(�, A S (I the bu i I effective date of the zoning a Permitted subject for regulation under the z c) n I q ; -1a,, Y reason of Ma s.=sachuset.ts General Laws, Chc1l)4'.."r dc) 11 6, 6. For the reasons set [Orth flt !{C)A'ID OF APPEALS hoceby (.,RANTS the App I tCarlts re -e 13 ' 9 -6.A and AR I I,.NCI] u JTE of th�c Nantucket by W17 1-f a m p r i r. a r S h CA a Linda Perryman Williams NOTICE A Public Hearing of the BOARD OF APPEALS will be held on Friday, September 13, 1985, at 1:30 P.M., in the TOWN AND _ COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the application of W. ARNOLD WHEATON and DEBRA J. WHEATON ( 0S14 -85) seeking a VARIANCE under. Nantucket Code §139 -16.A and C (Inten- sity Regulations - Frontage and Side Yard Setback). If granted, the applicants would be permitted to correct a technical zoning defect relating to their existing single- family dwelling arising from the conveyance of the premises into separate ownership from adjacent land. The premises are located at 24 NEW STREET, SIASCONSET, Assessor's Parcel 73.4.2 -23 (Plan Book 17, Page 54) and are zoned RESIDENTIAL OLD HISTORIC. William R. Sherman Chairman BOARD OF APPEALS B -1 - FEE $100.00 Case No,_ rK APPLICA7IO(J TO TH-E BOARD OF ArPE.ALS Nantucket, Massachusetts To the Members of the Board eF Appeals: The underr5igned hereby applies for relief from the terms of the (ZONING BY -LAW) (90ILDI7U(6 CODE) on Property described below: Location of Property_ 24 New Street, Siasconset (73.4.2 -23) Lot No. 2 _ __ fkan No. 17/54 District is zoned for Residential Old Historic Type of structure (Existing or Proposed) or proposed use: existing single - Owner's Name W. Arnold Wheaton and Debra 7. Wheaton family residence Owner's Address Broadway, Siasconset When did you acquire this property? February 5, 1985 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 requegted: Nantucket Code §139.16.A and C (Intensity regulations - frontyard and side - Reason for asking relief: yard setback) Applicants desire to correct a claimed technical title defect, without making any change in the existing single- family residence upon the premises. In 1970, the premises and certain adjacent property in common ownership were shown as separate lots upon a recorded plan; the premises have only 20 feet of frontage, and the* Please direct all correspondence to: Signature of app,licant Sarah F. Alger, Attorney Post Office Box 2774 `- Nantucket, MA 02584 (617) 228 -3128 p rah F. Alger, atthrney for applicant ATTACH: (1) A list of the names and addresses 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 Town 30 \q�S of Nantucket. ( 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 Advertising dates Hearing dates) Decision of Board Decision filed with the Town Clerk *steps on the side of the dwelling are within five feet of the side boundary lire. The premises comply with all other provisions of the zoning by -law. Both lots remained in common ownership until 1980, and accordingly the conveyance of the lots into separate ownership in 1980 may have created a technical zoning defect. List of Part- �s in interest to the matter Of the Petition of: Name: _ W. Arnold Wheatoz! and De, ` i 'vantu A - Y C �o Sarah J' - ��,.1dre sue• � _ --� - - ± s µ.: -% ;,rr)perty Address: ?�z ty +: :: :fit L'_'E'i , ,�;t'',iii t_ �'�ia� �=iCriUSE?tt See att <,Chcd l 1 cer tify the foregoing is a list of persons eyho are owners of Ian' C' Tutting the nronertv =and o nets of land directly opr•osite the property (,) any street or way, and owners of land within 300 feet of the property n all as thev appear on the most recent applicable TA }_ list. _Auqust 1965 Date, Assessor Town of Nantdcb,et I.,IST OF ABUTTEV:, APPLICATION OF W. ARNOLD WHEATON AND DEBRA J. WHEATON Name /Address Fella Tarlov c/o Tarlov IM 1150 Fifth Avenue New York, New York 10028 Margaret Z. Larsen 254 Main Street. Southport, CT 06490 Ruth E. Yarmy and Charles Cahoon 23 Main Street Siasconset, Massachusetts 02564 C. James Fleming, Jr. and Madeline W. Fleming 132 E. 72nd Street New York, New York 10021 Robert H. and Helen Potter King Street Siasconset, Massachusetts 02564 Robert. D. Veghte, Jr. and Bathshebe Veghte Chapin Road Bernardsville, New Jersey 07924 William S. and Sara Ervin Brown 22 Main Street Post Office Box 161 Siasconset, Massachusetts 02564 Siasconset Casino Association 10 New Street Siasconset, Massachusetts 02564 Cecelia G. Bragonier Post Office Box 146 Siasconset, Massachusetts 02564 Alice B. Atkinson 3 Chapel Street Siasconset, Mas < 50- j3net S. _fart i Ini Katherige P. !A'not c / o Scongot R, i . Ins t_A 0, Siasconset, ti1annimuset.ts 02564 Map /Parce3 Nos. (73.3.1 -8) (73.3.1 -9) (73.3.1 -10) (73.3.1 -11) (73.3.1 -12) (73.3.1 -48) (73.3.1 -49) (73.4.2 -16) (73.4.2 -17) (73.4.2 -18) 1 .2 -19) Whoo ton Application !.gist. of Abutters Paqe Two Name /Address union Chapel Siasconset, .Massachusetts 02564 ?scar: Folger 20 New Street. SiasconneL, Massachusetts 02564 Peter S. and Stephanie 0. KurZlna Morning Side Lane Lincoln, Massachusetts 01773 Donald K. Lourle 211 East: 70th Street New York, New York 10021 J Pepper and Elizabeth P. Era vier 28 New Street SiasconseF , Mas nchusetts. 02564 Al i.ci to R. Lee 5 West Sankaty Road Siasconset, MassachusPLts 02564 3arbara D. Nowak 230 8th Street, SE Washington, D.C. 20003 Town of Nantucket Nantucket, %ssachuset.ts 02.554 Elizabeth H. Rose 1632 32nd Street NW Washington, D.C. 20007 James E. Duffy , III and Barbara G. Duffy 6 October Hill Road Holliston, Massachusetts 01746 Polly Farmington Ryan Breakneck Hill Middleboro, Connecticut 06762 "iasconset Enterprises, Inc. 13 New Street Siasconset, Massachusetts 02564 Map /Parcel Nos. (73.4.2 -20) (73.4.2-21) (13.4.2-24) (. 3. 1 . 2 -25 ) (73.4.2 -26) (73.4.2 -27) (73.4.2 -28) (73.4.2 -29) (73.4.2 -31) (73.4.2 -32) (73.4.2 -68) (- -69) Wheaton Application List of Abutters Page 'Three Name/ Address Moors Atlantic Properties, Ltd. 6 Bill Street St. Helier, ,jersey Channel Islands Benjamin H. and Mary M. Torrey 29 Rosewood Drive Simsbury, Connecticut 06070 Gene M. Kangley 50 NE 26th Avenue Pompano Beach, Florida 33062 Lois M. Otis et al c/o Joy Wrigley Otis Si lvermine Road Norwalk, Connecticut 06850 Nancy Longley and Duncan F. Dempster Apartment 1 -C 708 Greenwich Street New York, New York George A. Volians 25 New Street Siasconset, Massachusetts 02564 Lucy Appleton Garcia -Mata 1071 Oenoke Ridge Now Canaan, Connecticut 06840 Robert W. King et ux 31 New Street Siasconset, Massachusetts 02564 Wanda M. Peloso West Sankaty Avenue Post Office Box 112 Siasconset, Massachusetts 02564 William and Ruth Eliz aboth Yai my 12 West Sankaty Road Siasconset, Massa__:Iaus� Un _` v4 Map /Parcel Nos. (73.4.2-70) (73.4.2 -71) (73.4.2 -72) (73.4.2 -7) (73.4.2 -74) (73.4.2 -76, 79) (73.4.2 -77) (73.4.2 -78, 80) (73.4.2 -81, 118, 119) (73.4.2-82) 14heaton Application [Ast of Abutters Page Four Name/ Address Grimshaw Realty Trus t_ Quidnet Nantucket, Massachusetts 02554 Alley Toole Architecture, Inc. Post Office Box 725 Siasconset, Massachusetts 02564 Kenneth C. and Mildred Eldridge 16 West Sankaty Road Siasconset, Massachusetts 02564 Joseph and Esther L. Swain 14 West Sankaty Road Siasconset, Massachusetts 02564 Map /Parcel Nos. (73.4.2 -114, 115) (73.4.2 -116) (73.4.2 -12.3) (73.4.2 -124)