HomeMy WebLinkAbout080-86'1 3
TOWN OF NANTUCKETQ
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
August 29, 1986
Re: ROGER S. HOFFMAN (080 -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.
c
G
William R. Sherman, Chairman
BOARD OF APPEALS
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MA 02554
DECISION:
The Board of Appeals, at a Public Hearing held on Friday,
August 15, 1986 at 1:30 P.M. in the Town and County Building,
Nantucket made the following decision upon the application of
Roger S. Hoffman (080 -86) of P.O. Box 2051, Nantucket, MA 02584.
1. This is an application for a Variance pursuant to Section
139 -32 requesting relief from Section 139 -16 (Intensity Regulations)
of the Zoning By -Law. The Applicant seeks a variance to cure
a technical defect which arose when Lot 23 was unintentionally
held in common ownership with Lot 24 for a short period of time
after the zoning freeze period expired. The property owned by
the Applicant is Lot 23 shown on Plan recorded at Plan Book 16,
Page 90, numbered 16 Kelley Road, Assessors Map 54, Parcel 100
and is located LUG III zone. The LUG III zone requires a minimum
three acre lot size.
2. Based upon a review of the Application, supporting documents,
plans and testimony, the Board finds that the property consists
of a vacant lot with an area of approximately one -half acre which
was created by a subdivision in the late 1960s. When Nantucket
adopted zoning the area was zoned for 5,000 square foot lots,
subsequently the area was zoned LUG requiring 50,000 square foot
lots, and in approximately 1975 the area was designated LUG III
requiring 120,000 square foot lots.
A predecessor in title acquired Lot 23 and an abutting lot
and held them in common ownership for a short period of time after
the zoning freeze period expired. Applicant acquired the premises
early in 1984 and just recently understood the significance of
the lots3pre- existing non - conforming status.
3. Variance relief may be granted to remove an alleged defect
in marketability of title by a prior owner's unintentional merger
of undersized lots. The Planning Board's recommendation is
favorable, and no opposition was heard.
4. The Board finds that the shape of and size of the lot and
the technical zoning violation which affects the marketability
of title, do not generally affect this LUG III zoning district
in which the property is located, and a literal enforcement of
the by -law would involve a substantial hardship to the Applicant
-1-
and create non - marketable, non - buildable property. The desired
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.
The Board specifically finds that this applicant acted in good
faith in acquiring the property and obtaining a building permit.
The Board distinquishes this application from previous similar
applications because in this instance the Applicant is not the
developer and did not create the non - conformity. Also the abutting
lot which suffers the same disability is already built upon.
5. For the reasons set forth herein, the Board by unanimous
vote, hereby GRANTS the Applicant the requested relief from Section
169 -16 (Intensity Regulations) of the Zoning By -Law by VARIANCE
with respect to Lot 23, 16 Kelley Road, in order to cure a technical
zoning violation permitting said property to be marketable and
buildable as a separate lot.
Dated: August 29 , 1986
V
William R. Sherman
e
Andrew Leddy, Jr.
C.
Marshall Beale
-2-
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, AUGUST 15, 1986 at 1:30 p.m. in the TOWN AND COUNTY
BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli-
cation of ROGER S. HOFFMAN (080 -86) seeking a VARIANCE from
the minimum lot size requirements of SECTION 139 -16A of the
Zoning By -Law. If granted, the Applicant would be allowed to
cure a technical defect and marketability of title following
retention in common ownership with abutting LOT 24 beyond the
period of exemption after subdivision. The LOT 23, PLAN BOOK
16, PAGE 91, for which relief is sought is at 16 KELLY ROAD,
ASSESSOR'S PARCEL 54 -100 and zoned LIMITED - USE - GENERAL -III.
64al '_' W
William R. Sherman, Chairman
BOARD OF APPEALS
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%B -1
,FEE $10U.00
Case No.— C2 '�T�
APPLICATION TO THE BOARD OF APPEALS
Nantucket, Ma
C100-t'^'+
to the Members of the Board of Appeals:
The undersigned hereby applies for relief from the tei:ms of the
(7.ON1NG BY-LAW) (BUILDING CODE) on property described below:
kocntion of Property 16 Kellam Road__
Lot: No. _23,_Plan Book 16, Page 91 XXbMX)"M.— Assessors No. 54 -100
District is zoned for LUG III -
'rype of structure(Existing or Proposed) or proposed use:_ Residential dwlg.
,lwner's Name Roger S. Hoffman
ll• ,,ner's Address P. O. Box 2051, Nantucket, MA 02584
Mien did you acquire this property? 1983 _ —
llas application been filed at Building Department?- -
Uas any previous appeal been made? No
::,2ctiun of By -Law or Code from which relief is requested:_
139 -16 and 139 -32
f'e,tt :oii for asking relief: Applicant requests variance relief pursuant _
to Section 139 -32 from Section 139 -16 Intensity Regulations to cure —
a technical defect and cure marketability of title which arose when
-Lot 23 and 24 were held in common ownership after the expiration of
^the freeze period pursuant to the subdivision control law MCL Chapter
40A, Section 6. — Signat.utepppp of applicant
Julie A. F� ald, Attorney
for applicant
! "TI'ACH (l.) A list of tite names and addrer ;scs oT each abutting �wncr
and owner abutting the abutter::.
(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 shoaling
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 DF.CISLOU
Npplication submitted to Board - - - --
Advertising dates --
Hearing date (s)— __ --
Decision of Board _ - --
I)ecision filed with the Town Clerk ___ _
List of 1).11:t It'S in illtOl ill tnt-, t c,c �,,r �x, pet i if
1'.U. lk, :-, 2C tuc"ku t HA 012584
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300 W". of thr, t Ic""'elty, '111 fl!-� 1! T
A I' i, I i cah 1 o t L x L i s, t .
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Roffman - 16 -M?Ile.v Road
Parcel
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L.-- OF
H 0 L M E S, HAYS & FITZGERALD
35 cENTER STREET
:,,ANTIJC,CE T,
F HOLMES
1.Nl H. - AfS III
IN, F'1 TZG E:RN L L
Mr. Will ia.m Sliermari, Chairman
Board of Appeals
'Town and County Bujloll
n 0
Broad Street
Nantucket, Massachus(.-ytts 02554
Dear Mr. Sherman:
F4 El C 0 C, E 6, 7,
July 1), 10986
Re: Application of Rover S. Ilof-Lrnb.n
Property: 16 Kelley Rood
Enclosed for filitia,, please find the following:
Application plus Llhre-- (3) copies;
2. Certified Abutt-e,,S T-'_�t TDJ
J�-L- _,:IS threl- (3) co�.,iezz-
Four (4) c -)pi�- of 1) L- ,Ian;
i
4. Checll- i;-I amount clf 0 kl-) r7 to c,)ver t,e
Please notice this matt.-Or ai-d scherluto it- for i-](-,Zt
available hearing date.
I I r c--ry yours,
e A. Fi- a d
J AF: -j a h
Enclosures
CC: M. Perry, Town Clerk
y f,/
'1 Li - 1
FE $10U.00 Case No.
APPLICA'PION TO TILE BOARD OF APPEALS
Nantucket, Massachusetts
To the Mcmbers of the Board of Appeals:
The undersigned hereby applies for relief from the tef:ms of the
('CONING BY- LAW) (BUILDING CODE) on property described below:
Locition of Property_ 16 Kelley Road_
I,ot: tio. 23, Plan Book 16, Page 91 MxltMxxt =. Assessors No. 54 -100
District is zoned for LUG III
1'S1e of structure(Existing or Proposed) or proposed use: Residential dwlg.
o ncr's Name Roger S. Hoffman
,oner's Address P. O. Box 2051, Nantucket, MA 02584
Khen did you acquire this property? 1983
!las application been filed at Building Department?
Ilan an}• previous appeal been made? No
^ctiun of By -Law or Code from which relief is requested:_________
139 -16 and 139 -32
i'c,ison for iskiny relief: Applicant requests variance relief pursuant
to Section 139 -32 from Section 139 -16 Intensity Regulations to cure _
a technical defect and cure marketability of _title which arose when
Lot 23 and 24 were held in common _ownership after the expiration of
the freeze period pursuant to the subdivision _control law MCL Chapter
40A, Section 6. Siyrrature of applicant
Julie A. Fitzgerald, Attorney
for applicant
T1'ACI1: (l.) A list of the names and addre_;ses oT each abuttinq owner
and owner abutting the abutters.
(2) A check in the amount of $100.00 made payable to the Tr)wn
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 iiidicate
your authority to make this application.
BOARD'S DECISION
%pplication submitted to Board
Advertising dates
Ilearing date(s)� _
Decision of Board
occision filed with the Town Clerk
TOWN OF NANTUCKET
BOARD OF APPEALS
List of parties in interest in the matter of the petition of:
Name Roger S. Hoffman
Address P.O. Box 2051, Nantucket, MA 02584
Property Address 16 Kelley Road
I certify the foregoing i!; a list of T)Qrsonri wLn ai-,--,
land abutting the property and owners of
the property on any street or way, and owner F; ,)f lall'i
300 feet of the property, all as they appear on t1w most y(!cf,nt
Applicable tax list.
Date
Town of N;wtuckeL
Hoffman - 16 Kelley Road
Map Parcel
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54 23
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