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HomeMy WebLinkAbout100-85r gpORAZE� 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. � /. t. 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. � l�u l f ��2�cu,> -�-•ti. N o v e M ter h. a 1 � s fa' % Y gs rs Ti9�T T'8 W N G �.�.rLic 4! ,._/ e M 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