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W. \RNOLD WHFATON AND DEBRA I. WHEATON (086-85)
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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)