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Home My WebLink About054-86�lr TOWN OF NANTUCKET � ��- �� BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June 17, 1986 Re: FRANCIS W. PEASE AND MARY C. PEASE AND ARTHUR I, READE, JR. AND SARAH F. ALGER, AS TRUSTEES OF WESTMINSTER STREET NOMINEE STRUST (054 -86) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be :filed within twenty (20) days after this date. .,;, " I 'L.' C. Marshall Beale, Acting Chairman BOARD OF APPEALS /�&�uari� /�rG D /'3e�as l/ O TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION: In the matter of the Application of FRANCIS W. PEASE and MARY C. PEASE, and ARTHUR I. READE, JR. and SARAH F. ALGER as Trustees of WESTMINSTER STREET NOMINEE TRUST (054 -86), at a meeting of the BOARD OF APPEALS held at 12:30 P.M. on Friday, May 30, 1986, 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 Nantucket Code §139 -16.A (Intensity Regulations - Minimum Lot Size, Ground Cover Ratio), for alteration of a preexisting nonconforming lot under §139 -33.A. If granted, the Applicants would be permitted to move a lot line between two adjacent lots in separate ownership, rendering one lot, now nonconforming, conforming, and rendering the other lot, now conforming, nonconforming. The premises consist of the property approximately shown on Assessor's Map 42.3.4 as Parcels 56, 57 and 98, are located at 19 and 21 HUSSEY STREET, and are zoned as RESIDENTIAL -OLD HISTORIC. 2. Based upon the application and the materials and testimony presented at the public hearing, including the plan, a copy of which is attached hereto as Exhibit A (the "Plan ") , the Board finds that Lots 1 and 2 on the Plan are in common ownership, and that Lot 3 is in separate ownership. 3. At present, Lots 1 and 2, considered together, contain a total of 5,089 square feet (in excess of the minimum lot area Page 1 of 4 of 5,000 square feet), appear to meet the 50% ground cover requirements, and comply with all other dimensional requirements of the zoning by -law, with the exception of side yard setback from Westminster Street, which would not be affected by the proposal. Lot 3, however, contains but 3,991 square feet and is clearly in violation of the 30% ground cover limitation upon undersized lots. Furthermore, the southerly boundary of Lot 3 lies within five feet of the dwelling on Lot 3, thus creating a violation as to rear yard setback (considering frontage and front yard to be on Crown Court). 4. Under the proposal presented by the Applicants, Lot 2 would be conveyed into common ownership with Lot 3, and the combination of Lots 2 and 3 would result in a lot containing 5,436 square feet, and eliminating the nonconformities as to ground cover ratio and rear yard setback. Lot 1, which then would stand alone, would contain only 3,644 square feet, less than required, and would appear to violate the 30% ground cover limitation. However, no rear or side line setback nonconformity would be created; the rear line of the building on Lot 1 would be in excess of five feet from the new boundary line. 5. The Plan has been endorsed by the Nantucket Planning Board under General Laws, Chapter 41, Section 81P, as not requiring subdivision control approval. 6. This Board finds that, owing to circumstances relating to the shape of the land and structures thereon (consisting of the existing nonconformities in lot size, ground cover ratio and rear yard setback) which affect the premises but not affecting Page 2 of 4 generally the zoning district in which they are located, a literal enforcement of the provisions of the by -law would involve substantial hardship to the Applicants (consisting, again, of the existing conditions upon the lots, and the fact that the nonconforming lot is protected under the by -law) , 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 no change in conditions upon the ground will result, and in fact one point of nonconformity will be eliminat.e4. The Board further finds, for the same reason, that the proposed change is in harmony with the general purpose and intent of the Zoning Act and the Nantucket zoning by -law. 7. The relief granted hereby is upon the condition that the Plan be recorded, and that Lot 2 be conveyed into common ownership with Lot 3; and that, thereafter, Lots 2 and 3 shall permanently remain in common ownership with each other and will be considered as one lot for all purposes under applicable building and zoning laws. 8. For the reasons and upon the condition set forth, the BOARD OF APPEALS hereby GRANTS the Applicants relief from Zoning by -law, Nantucket Code §139 -16.A, permitting the recombination of the lots on the Plan so that Lot 2 may be split from Lot 1 and placed in common ownership with Lot 3, by a VARIANCE, by a UNANIMOUS VOTE. Page 3 of 4 ►1Ja�c� m� ozs� 17, k-.- i L..-- C. Ma shall Be Dorothy D.1 Vollans Li da P. Willi ms Page 4 or 4 lane . . . KOH 4 .p0 Mini" m Id sine . .. 5.000 sf. Minirrun Saloge �•� i` Frontyard setOcck none lane . . . KOH 4 .p0 Mini" m Id sine . .. 5.000 sf. Minirrun Saloge 50 ft. Frontyard setOcck none Sideina setback 5 ft. LEGEND O Demotes I P found. AppvvW rrtdW the Subdwls>on Corw Law NOT RMuIRED" Ref. Chapter 44. Section 81-P. G.L. N4NTUCKET PLANNING BOARD Dote file . NOTE LOT 2 is to be omweyed IT W �:A E No v o co W � � P M � J a, J o N L O CxH161T Iq CpC��SP C ROWN COURT 'S SY44'44 "E if LOT 3 3,991 sf. 1 1/2 story %Wd 60,V dwening 1 112 story wood tram gomw 0 Fin CD dh I M V z 4 .p0 ci S 80T 9' � " E 3 ' 2 75.53 rn 1,445 sf. c o ' . S 84-17 28" E — `-? SM'` '^'6.56 7702 Z set concrete w011 W N Q' m 3 coQ Li m - o to and combined with LOT 3 for M M LOT I 2 s ror n ` t:pning purposes. ( Combined area = V) 3,644 sf. r v wood v +- 5.436 sf. 1 g' o fro" dwelling � U -#19 ° v SM set ° 4 ' o N84°55'2'80.p& dh std -� 'n curb t HUSSEY S1REL_T. J t � Z t 1 ov* that the preparation of thispk:n c ntba, to the rates Ord tegubtlons of the Registers of Deeds as adopted jit 19.1975. Dote: .f- 3- 9 a tU.'�ifazG Registered lord Surveyor F— Pan of Land in Nantucket Island, Moss. as prepared for FRANiCIS W. & MARY C. PEAgE 5--ing oplan of land shown in rlonbook 13, poge54 , Deed book 112, page 436 ; Plan book 18 page 24. Geed book 139 ,page 169 and Robote 4224 . a 5 G 20 40 feet Ct 5 '0 metrrs Suite I in = '�'0 ft -Wy NAkT i3i.b4fKvVFL1_ Ei Sparks Av n�r Nurntuci!el , 0. z mss NOTICE A Public Hearing of the BOARD OF APPEALS will be held on Friday, May 30, 1986, at IZ30 P.M., in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREET, NANTUCKET, on the Application of FRANCIS W. PEASE, MARY' C. PEASE, and ARTHUR I. READE, JR., and SARAH F. ALGER, Trustees of WESTMINSTER STREET NOMINEE TRUST (4 -86), seekin; a VARIANCE (or, in the alternative, a. SPECIAL PERMIT) under Nantucket Code §139 -3.6.A (Intensity Regulations - Minimum Lot Size, Ground Cover Ratio). If granted, the applicants would be permitted to change the location of the lot lines between two parcels in separate ownership, each containing an existing dwelling, despite the fact that one conforming lot would become nonconforming, and one nonconforming lot would become conforming. The premises are located at 19 and 21 HUSSEY STREET (Assessor's Parcels 42.3.4 -56, 57 and 98), and are zoned RESIDENTIAL -OLD HISTORIC. William R. Sherman, Chairman BOARD OF APPEALS FEE $100.00 Case No. APpLICAT lohj 110 11+E BOARD OF WEALS Nantucket, Massachusetts To the Members of the Board of Appeals: The undcr5i9ned hereby apeties for relief from the terms of the (ZONING BY -LAW) (9VI>U 1 on property described below: Location of Property 19_.and 21 Hussev Street -(42.3.4-56 57 and 98) Lot No. f)an No. District is zoned for Residential -Old Historic Type of structure (Existing or Proposed) o r Proposed use:Single- family residence Owner's NameFrancis W. Pease and Mary C. Pease; Arthur I. Reade, Jr., and Sarah F. Alger, Owner's Address Trustees of Westminster Street Nominee Trust; Post office Bo 2669 Nantucket, MA 02584 When did you acquire this property? 1950; 1972 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 requepted: §139 -16.A (Intensity Regulations - Minimum Lot Size Ground Cover Ratio) Reason for asking relief: Applicants desire to move line between two lots of record in existing ownership, resulting in one lot, now conforming as to lot size and ground cover--ratio,-being nonconforming; the other lot, now nonconforming as to lot size, ground cover ratio and side line setback requirements will become conforming. No change is planned in the existing use of both lots for Si/� nature of applicant single-family residential purposes. 17 , -!—, , tee/ ►� ATTACH: (1) A list of the names and addresses of each a utting 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. Application submitted Advertising dates Hearing date(s) Decision of Board BOARD'S DECISION to Board -�-- g Decision filed with the Town Clerk 4i 42.3.4 , parcels 56,57 8 98 lane . . . R 0 H Minimum Iof size 5,000 sf. Minirtrm fro+tloge 50 ft. Frontyord setback none Sideline setback 5 ft. u - •�a lane . . . R 0 H Minimum Iof size 5,000 sf. Minirtrm fro+tloge 50 ft. Frontyord setback none Sideline setback 5 ft. T W E o� 1 �oPLP� O Denotes I P found. , a 0 co N CROWN COURT 44'44" E —a 1 •�. 11.38 LOT 3 3,991 sf. W ir1 Appravd urdsr the Subdmon Control 0 h 1 !rz sr Low " NOT RMUIRED " Rief. Chapter In mod 41 , Seetion 81•P, G. L. J in' dwelling NANTUCKET PLANNING BOARD -j o , 10 �oL M V -16.00 1 112 s fay wood frame 9°f ge Z a S 83° 29' dhfnd a6 56 ` E _ LOT 2 75.5 3 - -' -- — 0; 1,445 sf. 'w a S 84-17 28" E — co Dote file: d.c, SM 6.56 77.02 - 0 C«+crete M ,6 7 'efo�g wall 7 NOTE LOT 2 is to be co -wffld N to Old aomdned with LOT 3 for M M LOT I zpning purposes. ( Combined area ° j ° 3,644 sf 5,436 sf. I LS 2 . a 1 Cerfify that the preparation of ftpIcn Cont ms to the rules and tegulotons of the Registers of Deeds as adopted Jung 19 ,1975. Dote: -f-- 3- V C, /;,e../4., "a -IG. i Registered Land Surveyor SM set N8 5'29 "w H USSE Y t W Ln v e U) - m Yr � r, m Ln o � t0 - 0= 2 stay wcW ` a f ron* dwelling U o -419 d v 0 2 0 90()e d h set I '^ curb t STREL? Pan of Lund In Nantucket Islond , tv1asJ 05 prepared for FRANTCIS W & KARY C. PEAgE 9e ng o plan of i and shown in Plon book !3. page 54 , Deed book 112, page 436 , plan book 18 page -14, Deed book 139 ,poge !69 and Rabate 42"24 . 0 5 0 zo 40 feet 0 10 meters Scale Iin = 20 ft, H, SRI "1l.t,lKVVF1 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on Friday, May 30, 1986, at 1:30 P.M., in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREET, NANTUCKET, on the Application of FRANCIS W. PEASE, MARY C. PEASE, and ARTHUR I. READS, JR., and SARAH F. ALGER, r"iuS tees of WESTMINSTER STREET NOMINEE TRUST ( -86) , seekin- a VARIANCE (or, in the alternative, a SPECIAL PERMIT) under Nantucket Code §139 -16.A (Intensity Regulations - Minimum Lot Size, Ground Cover Ratio). If granted, the applicants would be permitted to change the location of the lot lines between two parcels in separate ownership, each containing an existing dwelling, despite the fact that one conforming lot would become nonconforming, and one nonconforming lot would become conforming. The premises are located at 19 and 21 HUSSEY STREET (Assessor's Parcels 42.3.4 -56, 57 and 98), and are zoned RESIDENTIAL -OLD HISTORIC. William R. Sherman, Chairman BOARD OF APPEALS TOVIN OF 17PP VICKET list of Part_. ^s in interest in the matter of the Petition of: Name: Francis Pease and Mary Pease; and Arthur I. c/o Arthur I. Reade, Jr., Attorney, Reade Address: Professional Corp., P.O. Box 2669. Nantuc Property Address: 21 Hussey Street 2 Crown Court, Court, Map 42.3.4, Parcels 98, See attached list (6 pages) 1 certify the foregoi abutting the nronerty nn any street or way, all as thev appear on Dato Reade, Jr, and Sarab F. & Alger Alger, Trustees Pt. MA 02584 of West- minster and 4 Crown Street 57 and 56 Nominee Trust jo is a list of persons who are owners of land and owners of land directly opposite the property and owners of land within 300 feet of the property the most recent applicable TAX list. 1 ? Assessor Town of Nantac& et a LIST OF PARTIES IN INTEREST APPLICATION OF FRANCIS PEASE AND MARY PEASE (21 Hussey Street, 2 Crown Court, and 4 Crown Court, Map 42.3.4, Parcels 98, 57 and 56) Bruce I. & Christine B. Bartlett (42.3.4 - 8) 8 Lily Street Nantucket, MA 02554 Charles W. Douglas, Jr. (42.3.4 - 9) 320 Central Park West, Apt. TJ New York, NY 10025 Betty Ann Kerrigan (42.3.4 - 10) 1 Walmsley Road Darien, CT 06820 Town of Nantucket (42.3.4 - 11) Academy Hill School Nantucket, MA 02554 Richard G. & Jaclin B. Farrell (42.3.4 - 13) P.O. Box 383 Bedford, NY 10506 Regina S. Burke (42.3.4 - 14) 10 Gay Street Nantucket, MA 02554 Nathan R., Jr. & Mathilde T. Allen (42.3.4 - 15, 61) 5 Dairy Road Greenwich, CT 06830 Ann C. Henderson, life estate (42.3.4 - 16) c/o Ellen Moore 40 Hoover Road West Yarmouth, MA 02673 Richard J. & May A. Porter (42.3.4 - 17) 4 Gay Street Nantucket, MA 02554 Elizabeth Schaeffler (42.3.4 - 45) 6 Lily Street Nantucket, MA 02554 Alcon Chadwick '(42.3.4 - 48) 7 Lily Street Nantucket, MA 02554 Herbert W., III & Marie Jameson Cooper (42.3.4 - 49, 52) 7211 Windsor Lane Hyattsville, MD 20782 Page 1 of 6 Kathleen M. Smith (42.3.4 - 50, 51) 1373 Mill Plain Road Fairfield, CT 06430 Robert S. & Louise Cochran Wareham (42.3.4 - 54) 25 Hussey Street Nantucket, MA 02554 Michale W. & Carol L. Lauermann et al (42.3.4 - 55) 4521 Trumbull Avenue Huntington Beach, CA 92649 Ralph E. West, Jr. et al (42.3.4 - 58) 308 West Springfield Avenue Chestnut Hill, PA 19118 Edward V. & Joan Lahey (42.3.4 - 59) 564 Harbor Road Southport, CT 06490 Richard L. & Daniele H. Cumbie (42.3.4 - 59.1) c/o Terrence E. Luciani 108 Green Farm Road Westport, CT 06880 Donald E. & Eileen M. Terry (42.3.4 - 60) 11 Quince Street Nantucket, MA 02554 George W. & Sally Penny (42.3.4 - 62) 5 Quince Street Nantucket, MA 02554 Thomas & Ann Sollas (42.3.4 - 63) 850 Clayton Avenue Bay Head, NJ 08742 Leroy G. Palmer (42.3.4 - 64.1) Cantitoe Road Bedford, NY 10506 Shannon Bolin Kaye (42.3.4 - 66) 171 West 57th Street New York, NY 10019 Alma C. Coffin (42.3:4 -.-88) 16 Harbor Place Goodland, FL 33933 James M. & Sally S. Shelley (42.3.4 - 89) 98 Wells Hill Road Easton, CT 06612 Irma Burgess, life tenant (42.3.4 - 90) c/o Diane Davis Hummock Pond Road Nantucket, MA 02554 Page 2 of 6 Est. of Florence D. Francis (42.3.4 - 135) c/o India Associates L.P. 1 Commercial Plaza Hartford, CT 06103 Florence D. Macomber (42.3.4 - 136) 1599 East Avenue, #10 Rochester, NY 14610 Mary Tyler Burton Stewart (42.3.4 - 137) C/o Mrs. R. P. Stewart 820 Ivy Avenue Cincinnati, OH 45246 Robert & Alda D. Barrett (42.3.4 - 138) Bolton Road Harvard, MA 01451 Terrence H. Laundry (42.3.4 - 144.1) 25 Liberty Street Nantucket, MA 02554 Robert N. Ostergren, Jr. (42.3.4 - 149) Middle Haddam, CT 06456 Leroy H. & Eleanor J. True (42.3.4 - 150) 38 India Street Nantucket, MA 02554 Dennis Cross (42.3.4 - 151) 25 East 86th Street New York, NY 10028 Norman J. & Ann B. Asher (42.3.4 - 152) 5417 Falmouth Road Bethesda, MD 20816 Walter C. & Elsie M. Knott (42.3.4 - 155) 15 Hussey Street Nantucket, MA 02554 Paula K. Williams (42.4.3 - 33) 7 Winter Street Nantucket, MA 02554 Zelda G. Zlotin (42.4.3 - 34) 9 Gay Street Nantucket, MA 02554 Stanley T. Pardo (42.4.3 - 35) 76 Plymouth Street Montclair, NJ 07042 Page 5 of 6 William R. & Jean D. Sherman (42.4.3 - 36) Surfside Nantucket, MA 02554 Robert & Elaine Solomon (42.4.3 - 37) F. & G. Edelman 51 Braeburn Drive Princeton, NJ 08540 John L. & Mary Lou Ellicott (42.4.3 - 38) 3210 Macomb Street, N.W. Washington, DC 20008 Howard B. Chadwick, Jr., Tr. (42.4.3 - 39) 12 Westminster Street Nantucket, MA 02554 Nancy Hardin Living Trust (42.4.3 - 41) c/o Nancy Hardin, Trustee 3015 N. Beechwood Los Angeles, CA 90068 Ronald C. & Cordelia B. Morse (42.4.3 - 42, 43) C/o Barbara W. Chapin 692 Westover Road Stamford, CT 06902 (42.4.3 - 87) Henry W. & June Pfeiffer (42.4.3 - 44) Linden Lane Chatham, NJ 07928 Richard C. & Marguerite M. Maloney (42.4.3 - 45) 14 Lily Street Nantucket, MA 02554 Robert & Erna C. Blair (42.4.3 - 47) c/o Nantucket Land Bank 16 Broad Street Nantucket, MA 02554 Julie C. Sanford (42.4.3 - 85, 86) 10 Academy Lane Nantucket, MA 02554 Gilbert S. & Carol Nickerson (42.4.3 - 87) 12 Academy Lane Nantucket, MA 02554 Page 6 of 6