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Home My WebLink About107-85TtU 'N CIF NA;V`i't1(';�F'T BOARD OF APPEALS NANTUCKET, MASSACHt1SEI -'I'S. - (a' < „.4 December 9,-1985 ft Re: FRED B. GLOVER, EXECUTOR (107 -85) Enclosed, please- find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clergy. Any appeal from this action shall be- rn.;de pursuant to Section 17 of Chant,,!- ' +0A of the Gener< 1 Laws, and shall D(2 file:' within twentv (20) days after this date. Lam-- - William R. Sherman, Chairman BOARD OF APPEALS BOARD -OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, NOV- EMBER 229 1985 at 1:30 p.m. i-n the Town and County Building, Nantucket, in the matter of the Application of FRED B. GLOVER, EXECUTOR (107 -85), address 3 Sea Street, Nantucket, MA 02554, the Board finds: 1. Applicant seeks a VARIANCE from the Intensity Regulations of Nantucket Zoning Code SECTION 139 -16A to correct a defect of frontage arising from a conveyance of Lot 2 into separate ownership from Lot 1. Lot 2 is located at 3 SEA STREET, Assessor's Map 42.4.2, Parcel 54.2 (Plan Book 20, Page 2) in the LIMITED - COMMERCIAL zoning district. 2. Our findings are based upon the Application papers, viewings, correspondence, representations and testimony. It appears that Lots 1 and 2 were subdivided, approval not required, on January 30, 1978. The subdivision plan carries the notation: "Plan endorsed with insufficient frontage due to buildings being in existence prior to subdivision control law being in effect in Nantucket (1955)," 3. Propriety of that subdivision is not in issue here. Nor does such ANR subdivision imply any entitlement to zoning relief, the frontage shortfall having been created upon the initiative of the then common owner of Lots 1 and 2. See Arrigo v. Planning Board of Franklin, MA App. Ct. Ads. Sh. 2101 (1981) affirming annulment of a variance for frontage 6.68% less than required while also approving Planning Board endorsement of the subdivision plan creating such substandard lot. See also Smally v. Planning Board of Harwich, 10 MA App. Ct. 599 (1980) suggesting, reasons for seeking an approval of 41 M.G.L. X81 P ( "ANR ") plans shoeing zoning violations, e.g., as a preliminary to seeking zoning relief. •(107 -85) -2- 4. Applicant here represents the estate of a successor to the original subdivider Arthur Stetson. It appears that Lot 2 could be sold to an abuttor with adequate frontage; otherwise, Applicant faces a financial hardship, absent variance relief, falling on beneficiaries of the estate. The long separate continuance of Lot 2 with dwelling uses permitted in the L -C district lends support to a claim of hardship if sale to an abuttor were the only option. 5. Uniqueness of the Lot's shape arises only by the predecessor's subdivision and lies in the narrowness (17 feet) of the 37 foot entry way resulting in an irregular "pork- chop" form. (Regularity requirements of Section 139 -16C came later.) With 20 feet mandated as minimum frontage for safety of passage and access to utilities such shape is hardly commendable. 6. We are reminded that the Lot has had long us`: without evident lack of safety. Given the restricted alternatives presented in this case, • favorable recommendation of the Planning Board and no opposition voiced, • grant of relief appears in the public interest with reasonable safe- guards against unsafe intensification of use of the premises. 7. Eastwardly of the entry way is a comparable area of Town -owned land associated with a sewerage pumping station. On the one hand, acquisi- tion of title or easement is not reasonably available to Applicant. On the other hand, this area affords additional emergency access to Lot 2 while to the west a house limits wider passage beyond the Lot 2 entry way. 8. Section 139 -32B provides for our imposition of "conditions, safeguards and limitations ... of use, including the continued existence of any particular structures... ", in support of our finding that the sought relief may be granted without substantial detriment to the public good and without nullifying or substantially derogati'yg from the intent or purpose of the zoning chapter. See also Section 139 -1. To that end, we would condition relief by barring any substantial increase (a) over existing ground cover and (b) over existing floor area, absent prior approval by this Board of such modification of that condition as would allo,,•,7 the desired increase, with s -,fet,,' of access beinz the determinitive 1 actor. r (107 -85) -3- 9. Accordingly, the Board by L�NANI;`US vote, GRANTS to Applicant the requested VARIANCE with respect to substandard frontage of Lot 2 subject to the aforestated condition. Dated: December 9, 1985 Nantucket, MA 02554 hl6ite William R. Sherman Andrew J. Leddy r Dor thy D. Vollans t� A Public Hearing of the BOARD OF APPEALS will be held on Friday, November 22, 1985, at 1:30 P.M., in the TOWN AND COUNTY BUILDING, FEDERAL SAND BROAD STREETS, NANTUCKET, on the application of FRED B. GLOVER, EXECUTOR (/07-85) seeking a VARIANCE under Nantucket Code §139 -16.A (Intensity Regulations- Frontage). If granted, the applicant would be permitted to correct a technical zoning defect relating to their existing parcel containing residential buildings, arising from the convey- ance of the premises into separate ownership from adjacent land. The premises are located at 3 SEA STREET, Assessor's Parcel 42.4.2 -54.2 (Plan Book 20, Page 2) and are zoned LIMITED COMMERCIAL. 0(4(? William R. Sherman, Chairman BOARD OF APPEALS R -1 FEE $100.00 Case No. APPLICA710ti TO TH'C BOARD OF APOCALS Nantucket, Massachusetts To the Members of the Board Of Appeals: The underSigned hereby applies for relief from the terms of the (ZONING BY -LAW) 1,GVjV M&M ) on property described below: Location of Property_ 3 Sea Street (42.4.2-1;A 21 Lot No. 2 _ _ f;an No. Plan Book 20, Page 2 District is zoned for Limited Commercial Type of structure (Existing or Proposed) or Proposed use: Dwellings. Owner's Name Fred B. Glover, Executor of the will rp (-,I nyc-r Owner's Address c/o Arthur I Reade Jr P-0- Box 2774, Nantucket Maser 02584 when did you acquire this property? 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: 139.16.A (Intensity Regulations - Frontage) Reason for asking relief: _Applicant requests a variance from frontage requirements of 40 feet in connection with a parcel placed in separate ownership in 1978, to correct a claimed technical _ title defect. The premises have fronta e of 13 feet. Signature of applicant FRED B. GLOVER, Executor By: W � 1. XeAwjL 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 Advertising dates Hearing dates) Decision of Board Decision filed with the Town Clerk TOWN OF NANTUCKET List of Parties in interest in the matter of the Petition of: Name: Fred B. Glover, Executor of the Will of Constance Glover Address: c/o Arthur I. Reade, Jr., P.O. Box 2774, Nantucket 02584 Property Address: 3 Sea Street (42.4.2 -54.2) See attached list. I certify the foregoing is a list of persons who are owners of land abutting the property and 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. Date Assessor Town of Nantucket LIST OF PARTIES IN INTEREST (Fred B. Glover, Executor; 3 Sea Street; 42.4.2 -54.2) Sherburne Associates et al Zero Main Street Nantucket, Massachusetts 02554 Sherburne Associates Zero Main Street Nantucket, Massachusetts 02554 Nantucket Yacht Club South Beach Street Nantucket, Massachusetts 02554 Thomas J. & Josephine B. Devine 3 Step Lane Nantucket, Massachusetts 02554 Jane L. Davis 20 North Water Street Nantucket, Massachusetts 02554 Cyril C., Jr. & Judith L. Ross 17 North Water Street Nantucket, Massachusetts 02554 Sally R. & Hermon R. Johnson 15 North Water Street Nantucket, Massachusetts 02554 Sally R. & Hermon E. Johnson Cyril C.,. Jr. & Judith Ross 15 North Water Street Nantucket, Massachusetts 02554 Anthony B. & Valerie F. Cahill 360 Adams Street Bedford Hills, New York 10587 Shirley Y. Perkins 94 Meredith Drive Teaticket, Massachusetts 02536 Benoit W. Garneau 11 North Water Street Nantucket, Massachusetts 02554 Town of Nantucket Nantucket, Massachusetts 02554 Page 1 of 3 (42.4.2 - 3, 57.1) (42.4.2 - 7, 52.3, 57) (42.4.2 - 8, 11, 12, 59, 89) (42.4.2 - 44, 45) (42.4.2 - 46) (42.4.2 - 49) (42.4.2 - 50) (42.4.2 - 51) (42.4.2 - 52.1) (42.4.2 - 52.2) (42.4.2 - 54.1) (42.4.2 - 55) Lucille Sanguinetti (42.4.2 - 56) 20 Liberty Street Nantucket, Massachusetts 02554 Hudson Holland, Jr. (42.4.2 - 60) Edward F. Vaughan 15 Fair Street Nantucket, Massachusetts 02554 Nantucket Historical Association (42.4.2 - 61) Nantucket, Massachusetts 02554 George W. Burgess et al (42.4.2 - 76) 21 Broad Street Nantucket, Massachusetts 02554 Catherine E. Cronin (42.4.2 - 81) 5 Ash Street Nantucket, Massachusetts 02554 William A. Soady (42.4.2 - 82) 68 Bank Street New York, New York 10014 Joseph R. Motta, Jr. and (42.4.2 - 83) Chas. W. Veysey, Tr. c/o Mrs. C. W. Veysey 8 Rocky Point Road Old Greenwich, Conn. 06870 Wilhelmina R. Shaw (42.4.2 - 84) 196 Valley Road Middletown, Rhode Island 02840 Lauretta M. Gibbs (42.4.2 - 85) 1 Ash Street Nantucket, Massachusetts 02554 Sara Shlosser O'Reilly (42.4.2 - 87, 103) 9 North Water Street Nantucket, Massachusetts 02554 Paul H. & Diane C. Madden (42.4.2 - 88) 17 Union Street Nantucket, Massachusetts 02554 Wylie L. & Louise C. Collins (42.4.2 - 90) 17 Broad Street Nantucket, Massachusetts 02554 Daniel G. & Paul Sweeney, Trs. (42.4.2 - 92) Nantucket Whaler Realty Trust Condo 1228 Hill Road Boxborough, Massachusetts Page 2 of 3 Charles & Nella deFlandre (42.4.2 - 93) 2 Ash Lane Nantucket, Massachusetts 02554 Mildred H. Rutter (42.4.2 - 94) 8 Ash Street Nantucket, Massachusetts 02554 Margaret L. Conway (42.4.2 - 95) c/o Louise Conway 4 Ash Street Nantucket, Massachusetts 02554 John Thomas Dinan, Jr. et ux (42.4.2 - 96) 321 Brackett Street Portland, Maine 04102 Mary G. Pegg (42.4.2 - 97) 10 Fox Meadow Road Scarsdale, New York 10583 Page 3 of 3