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TOWN OF NANTUCKET
BOARD OF APPEALS
ti AN "i UC I�."I, MASSACHUSETTS 02554
November 21-, 1985
Re: MARY CLAY LEE /DAMON M. STETSON AND SHIRLEY J. STETSON (100 -85)
Enclosed, please find notice of a decision of the BOARD
OF APPEALS which has this day been filed with the Town
Clerk.
:lnv appenl from this- action shall be ", ode pursuant to
S the Gener-�l Laws, and shall
Section 17 of Chapter 40A of
be filed within twenty (20) days after this date.
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William R. Sherman, Chairman
BOARD OF APPEALS
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
I "/ T n T f-%70 .
In the matter of the Application of MARY CLAY LEE, and DAMON
M. STETSON and SHIRLEY J. STETSON (100 -85) , at a meeting of the
BOARD OF APPEALS held at 1:30 P.M. on Friday, November 8, 1985,
at the Town and County Building, 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 Nantucket Code, SECTION 139 -16.A and C
(Intensity Regulation - Minimum Lot Size, Ground Cover Ratio,
Side Line Setback) , a portion of the Zoning By -Law. If granted,
the Applicants would be permitted to modify the lot line between
their existing parcels, each separately owned, so as to eliminate
an encroachment of the Lee house upon the Stetson property
notwithstanding the fact that no line could be drawn between the
two lots which would leave the buildings on each lot in conformity
with the required setback requirements. The subject premises
consist of Lots 1 and 2 upon a plan by Hart - Blackwell & Assoc. ,
Inc., dated July 22, 1985, are approximately shown on Assessor's
Map 73.3.1 as Parcels 21, 22, 23, and 24, are located at 3 and 5
POCHICK STREET, SIASCONSET, 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 consist of two parcels of land, each containing about
4,696 square feet, and each containing existing structures. The
Page 1 of 3
Lee house extends some four feet into the Stetson property, and
is separated from a cottage upon the Stetson property by only
about two feet. In order to cure this encroachment, the parties
propose, by their new plan, to move the boundary line to a point
midway between these buildings, and to draw the line in such a
way as to leave both lots approximately equal in size. Both
parcels contain structures exceeding the permitted ground cover
ratio of 30% for undersized lots, and both parcels contain less
than the required 5,000 square feet of lot size.
3. This Board finds that, owing to circumstances relating
to the shape of the structures upon the subject premises and
especially affecting such structures but not affecting generally
the zoning district in which they are located (in that the existing
structures upon the Lee property encroaches upon the Stetson
property and is located less than ten feet from a structure upon
the Stetson property, the required side yard setback being five
feet) , a literal enforcement of the provisions of the Zoning Act
and NantuckAt Zoning By -Law would involve substantial hardship to
the Applicants (in that the existing structures upon the Lee
property would be rendered unusable and unmarketable) , 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 By -Law (in that there will be
Vftv abuse effected upon the neighborhood from permitting the
cont- inuation of existing conditions).
4. The relief granted is conditional upon the Applicants'
recording, at the time of recording a certified copy of this
Page 2 of 3
decision at the Nantucket Registry of Deeas, the plan of
Hart - Blackwell & Assoc., Inc., dated July 22, 1985, as submitted
to this Board.
5. For the reasons and upon the conditions set forth, the
BOARD OF APPEALS hereby GRANTS the Applicants relief from the
Zoning By -Law, Nantucket Code, Section 139 -16.A and C, permitting
the proposed change in lot lines notwithstanding the setback,
ground cover and minimum lot size requirements of the Zoning
By -Law, by a VARIANCE, by a UNANIMOUS VOTE.
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William R. Sherman
Dorothy D. V 11ans
�nJretv '
Andrew J. Leddy, Jr.
Page 3 of 3
II /
NOT ICH
A Public Hearing of the BOARD OF APPEALS will be held
on Friday, W00ern be- r' S 1985, at 1:30 P.M., in the TOWN
AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET,
on the Application of MARY CLAY LEE and DAMON M. STETSON and
SHIRLEY J. STETSON ( /OO -85) , seeking a Variance under Nantucket
Code §139 -16.A and C (Intensity Regulation - Minimum Lot Size,
Ground Cover Ratio, Side Line Setback). If granted, the
applicants would be permitted to adjust the boundary line between
their parcels to eliminate an encroachment by an existing
structure, notwithstanding the facts that the lots are both
undersized, the permitted ground cover ratio is exceeded on
each lot, and the boundary line between the lots cannot be
drawn so as to render the existing buildings in compliance
with the side line setback requirement. The premises are located
at 3 and 5 POCHICK STREET, SIASCONSET, Assessor's Parcels
73.3.1 - 21, 22, 23 and 24 (Lots 1 and 2 on plan by Hart- Black-
well & Assoc. dated July 22, 1985, to be recorded with Nantucket
Deeds) and are zoned RESIDENTIAL -OLD HISTORIC.
William R. Sherman, Chairman
BOARD OF APPEALS
C) $�
'kB -1
FEE $100.00
Case No.
APPLICAT IOP 1O TRC BOARD OF ArPE.ALS
Nantucket, Massachusetts
To the Members of the Board 06,4ppeals:
The undcr5lfi ned hereby apfties for relief from the terms of the
(ZONING BY -LAW) (SOIL-01-IM CODE) on property described below:
Location of Property 3 and 5 Pochick Street, Siasconset (73.3.1-21,22,23,24)
Lot No. 1 and 2 _ _ flan AM. by Hart - Blackwell Assoc. dated
District is zoned for
RESIDENTIAL -01-D HISTORIC July 22, 1985, to be recorded
Type of structure (Existing or Proposed) or proposed use: Residential
Owner's Name (Lot 1) Mary Clay Lee; (Lot 2) Damon M. Stetson and Shirley J. Stetson
owner's Address c/o Arthur I. Reade, Jr., P.O. Box 2774, Nantucket Mass. 02584
When did you acquire this property? (Lot 1) October 2, 1978; (Lot 2) September 17,
Has application been filed at Building Department? No.
Has any previous appeal been made? No.
Section of By -Law or Code from which relief is reque$ted: §139 -16.A and C.
(Intensity Regulation - Minimum Lot Size, Ground Cover Ratio, Side Line Setback)
Reason for asking relief: Applicants have discovered that the building upon_
the Lee property encroaches upon the Stetson property, and desire to record the
above - referenced plan and adjust their boundary line to eliminate the encroachment by,
placing their property line between existing buildings and equalizing the size of each
lot Both lots are undersized, the permitted ground cover ratio is exceeded on each
lot, and the space between buildings Signature of applicant
MARY CLAY LEE and DAMON M. STETSON
on each lot is less than ten feet. and SHIRLEY J. STETSON
By: j
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
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 101W
Advertising dates
Hearing date(s)
Decision of Board
Decision filed with the Town Clerk
•.:
B
TOWN OF P]PMTP( KET
list of Parti ^s in interest in the matter of the Petition of:
Name: Mary Clay Lee; Damon M Stetson and Sh;rlag ,T_ 4tntcnn
Address: c/o Arthur I Reade, Jr P.O. Box 2774 Nantucket. MA 02584
�roperty Address: .3 and 5 Pochick Street Siasconset
(73.3.1 - 21, 22, 23, 24)
See attached list.
1 certify the foregoing is a list of persons who are owners of land
abutting the property and oviners of land directly opposite the property
nn any street or way, and owners of land within 300 feet of the property
all as thev appear on the rnost recent applicable TAX. list.
Dates Assessor
Town of Nantdc &et
APPLICATION OF MARY CLAY LEE and DANA M. and SHIRLEY J. STETSON
(73.3.1 - 21, 22, 23, 24)
Edward H. Jube
(73.2.3 -
1, 2, 4)
200 Park Avenue
New York, N.Y. 10017
John R. Gibb
(73.2.3 -
3;
50 Hanson Road
73.2.4 -
17, 18.4, 19, 20)
Darien, Ct. 06820
Larsen Fund Inc.
(73.2.3 -
10)
Time & Life Bldg.
Rockefeller Center
New York, N.Y. 10020
David E. Ewing
(73.2.4 -
18.1, 21, 22)
15 Ridgewood Lane
Hilton Head, S.C. 29928
Charles W. Brinton
(73.2.4 -
23)
c/o F. B. Hubacher, Jr.
111 W. Monroe Street
Chicago, Illinois 60603
Joseph H. Hare
(73.2.4 -
53)
c/o R. W. Baldwin, Jr.
1525 Millersville Road
Millersville, Md. 21108
Harvey Pinsky et al
(73.2.4
- 55)
351 Berlin Road
Bolton, Mass. 01740
Sandy Ruben Family Trust
(73.2.4
- 56, 57, 58;
c/o Gold J. George, Trustee
73.3.1
- 122, 123)
2040 Ave. of the Stars
Los Angeles, Cal. 90067
Elizabeth Turner & Roger W. Block
(73.3.1
- 18)
c/o Williams, Myers et al
888 Seventeenth St. N.W.
Washington, D.C. 20006
John M. Ryon et al
(73.3.1
- 19)
c/o Mortimer Ryon
319 Vanderbilt Rd.
Ashville, N.C. 28803
Nancy B. Horyn
(73.3.1
- 20)
16 Severn Drive
Coshocton, Ohio 43812
Page 1 of 4
Peter and Joan P. Steketee
2054 San Lu Rae Dr. SE
Grand Rapids, Mich. 49506
Patricia W. Losa
27 W. 55 St.
New York, N.Y. 10019
Bradford R. Frost, Jr.
1 Navy Lane
Essex, Ct. 06426
Eleanor T. Buckingham Trust
c/o E. T. Buckingham, Tr.
15 McKinley Ave., Box 18
Siasconset, Mass. 02564
Joan M. Armstrong and
Ruth A. McGlathery
33 Powder Horn Hill
Wilton, Ct. 06897
Charles W. Tighe, Trustee
Box 308A
Willow Drive
Lakeville, Ct. 06039
Lawrence T. & Sylvia R. Griggs
44 Claypit Hill Road
Wayland, Mass. 01778
Jean B. Jerome
c/o Jean Collins, Apt. 201
7711 Broadway No. 6C
San Antonio, Texas 78209
Philip E. Bash & Flora 0. &
Eleanor Hall Gibson
209 Oakdene Road
Barrington, Illinois 60010
Verity Burnett Chisholm
Box 238
Siasconset, Mass. 02564
Peter Bradt & Susan B. Selden
44 Beverly Road
Mt. Kisco, N.Y. 10549
Ann G. Humphreys
c/o Ann George Morton
121 Taplow Road
Baltimore, Md. 21212
(73.3.1 - 25)
(73.3.1 - 26)
(73.3.1 - 27)
(73.3.1 - 28)
(73.3.1 - 30, 61)
(73.3.1 - 52)
(73.3.1 - 55)
(73.3.1 - 56)
(73.3.1 - 57)
(73.3.1 - 58)
(73.3.1 - 59)
(73.3.1 - 60)
Application of Mary Lee Clay et al
List of Parties in Int est
Page 2 of 4
Albert Lockett (73.3.1 - 77)
45 Hawthorne Road
Barrington Hills, Illinois 60010
Clement A. & Mary Louise Penrose (73.3.1 - 78)
910 Waddington Road
Birmingham, Mich. 48009
John B. & Kincaid Connell (73.3.1 - 80)
Brook Road
Warren, Vt. 05674
Allen S. & Judith Arness (73.3.1 - 82)
9216 Cedarcrest Dr.
Bethesda, Md. 20014
John M. & Daphne B. McCarthy (73.3.1 - 85)
7308 Western Ave.
Chevy Chase, Md. 20015
Peter & Bonnie McCausland (73.3.1 - 86)
567 W. Hartwell Lane
Philadelphia, Pa. 19118
Richard H. & Kristina S. Russell (73.3.1 - 87)
77 Reservoir Road
Farmington, Ct. 06032
Herbert H. Miller, Jr. & (73.3.1 - 100)
Deyanne F. Miller
1 Greenley Road
New Canaan, Ct. 06840
Philip C. Gardner et ux et al (73.3.1 - 103)
Village Gren
Bedford, N.Y.
Robert E. Boian (73.3.1 - 105)
145 West Road
New Canaan, Ct. 06840
Howard J. White, Jr. & (73.3.1 - 107)
Elizabeth W. White
8028 Park Overlook Drive
Bethesda, Md. 20817
Town of Nantucket (73.3.1 - 117)
Nantucket, Mass. 02554
Bettina & Peter Broer (73.3.1 - 118)
45 Greene St.
New York, N.Y. 10013
Application of Mary Leb Clay et al
List of Parties in Interest
Page 3 of 4
.: � ;' Z _
Jean E. Heron, Tr.
(73.3.1
- 119)
12 Fox Run Road
Lincoln, N.H. 03251
W. Godfrey Wood
(73.3.1
- 120)
27 Crafts Road
Chestnut Hill, Mass. 02167
John Shea & Laura Pettibone
(73.3.1
- 121)
Gelfand, Rennert, Feldman
489 Fifth Avenue
New York, N.Y. 10017
Charles E. & Dorothy H. Fiero
(73.3.2
- 6)
108 Greenway Terrace
Princeton, N.J. 08540
Gordon C. Dewey
(73.3.2
- 7)
157 E. 65th St.
New York, N.Y. 10021
Clifford E. Barbour, Jr.
(73.3.2 -
8)
Box 381
Knoxville, Tenn. 37917
Mary H. Woodrum
(73.3.2
- 9)
8 Meadow Lane
Exeter, N.H. 03833
George Mallette Ferris III et al
(73.3.2
- 11)
Ferris & Co. Inc.
1720 Eye St. N.W.
Washington, D.C. 20006
John E. & Jean Johanna LaCouture
(73.3.2
- 13, 15, 47)
8531 W. Howell Rd.
Bethesda, Md. 20034
Nichols & Ellen Vorys
(73.3.2
- 16, 63, 64, 65)
5540 Clark State Road
Gahanna, Ohio 43230
Clifford E. Barbour, Jr. &
(73.3.2
- 46)
Dorothy Drake Barbour
Box 381
Knoxville, Tenn. 37919
Sconset Associates
(73.3.2
- 48)
33 Ocean Ave.
Siasconset, Mass. 02564
Application of Mary Lee Clay et al
List of Parties in Interest
Page 4 of 4