HomeMy WebLinkAbout107-8697
TOWN OF NANTUCKET /b -7 F- SP<�
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
October 9, 1986
Re: GLENAAN M. ELLIOTT (107 -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.
William R. Sherman, Chairman
BOARD OF APPEALS
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
DECISION:
In the matter of the Application of GLENAAN M. ELLIOTT (107 -86) ,
held at 1:30 P.M. on Friday, October 3, 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 - Front
Yard Setback) . If granted, the Applicant would be permitted to
maintain her existing dwelling, which lies within 29.3 feet of
the front line of her lot; 30 feet are required by the zoning
by -law. The premises consist of the property shown as Lot 18 on
Land Court Plan 19571 -F (Nantucket Assessor's Parcel 83 -52), are
located at 280 Hummock Pond Road, and are zoned as RESIDENTIAL -2.
2. Based upon the application and the materials and other
evidence presented at the public hearing, including the plan, a
copy of which is attached hereto as Exhibit A (the "Plan "), the
Board finds that, on January 25, 1985, the Applicant purchased
the premises, and was unaware of the fact that the house had been
constructed within the required 30 -foot front yard setback, ranging
from 31.5 feet setback at the northeasterly corner of the house
to 29.3 feet at the northwesterly corner of the deck. The
Applicant, who has just learned of this nonconformity, seeks
relief in order to render title to her premises marketable.
3. This Board finds that, owing to circumstances relating
to the shape of the land and structures thereon (consisting of
the existing nonconformity in side line setback) which affect the
premises, but not affecting 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 Applicant
(consisting, again, of tYLe existing nonconformity, and the fact
that, if relief were denied, the applicant would be prevented
from maintaining her existing structure) , and that desirable relief
may be granted without substantial detriment to the public good
and without nullifying or substanially derogating from the intent
and purpose of the by -law (in that no change in conditions now
existing will occur) . The Board further finds, for the same
reason, that the granting of relief is in harmony with the general
purpose and intent of the Zoning Act and the Nantucket zoning
by -law.
4. For the reasons set forth, the BOARD OF APPEALS hereby
GRANTS the Applicant relief from the zoning by -law, Nantucket
Code §139 -16, permitting the Applicant to maintain her existing
structure as shown upon the Plan, by a VARIANCE, by a UNANIMOUS
VOTE.
Dated: October 9, 1986 z "-e-i
Nantucket, MA 02554 William R. Sherman
Dorothy D. Vbllans
4a
C. Ma shall B al
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held
on Friday, October 3, 1986, at 1:30 P.M. in the TOWN AND COUNTY
BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica-
tion of GLENAAN M. ELLIOTT (/07-86), seeking a VARIANCE under
Nantucket Code §139 -16.A (Intensity Regulations - Front Yard
Setback). If granted, the applicant would be permitted to
maintain her existing single - family dwelling, which was con-
structed within a front yard setback of 29.3 feet; 30 feet
are required by the by -law. The premises are located at
280 HUMMOCK POND ROAD (Assessor's Parcel 83 -52), Land Court
Plan 19571 -F, Lot 18, and are zoned RESIDENTIAL -2.
c
William R. Sherman, Chairman
BOARD OF APPEALS
%9 -1
FEE $100.00 Case No.
APPLICAT IOhJ ib TI+E BOARD OF AME.ALS
Nantucket, Massachusetts
i
To the Members of the Board of Appeals:
The und[r519ned hereby applies for relief from the terms of the
(ZONING BY -LAW) ($()/LDTIVG CODE) on Property described below:
Location of Property 280 Hummock Pond Road (83 -52)
Lot No. 18 Land Court flan No. 19571 -F
District is zoned for Residential -2
Type of structure (Existing or Proposed) or proposed use: Single- family dwelling.,
Owner's Name Glenaan M. Elliott
Owner's Address c/o Reade & Alger Professional Corp., P.O. Box 2269, Nantucket, Mass. 02584
when did you acquire this property? January 25, 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:
Section 139 -16.A (Intensity Regulatioins; Front Yard Setback)
Reason for asking relief: Applicant requests a variance in order to maintain
their existing dwelling, which was constructed by the prior owner with a front yard
setback of 29.3 feet; 30 feet are required by the by -law.
Signature of applicant
GL 4AAN M. ELLIOTT
By:
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. y,
(4) If the applicant is other than the owner, please indicate '
your authority to make this application.
BOARD'S DECISION
Application submitted to Board V4— all 24
Advertising dates
Hearing date(s)
Decision of Board
Decision filed with the Town Clerk
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DC�CO : CERr: 11618
Pl.trt : L.C. 1957/ � ; LOT /8
MAMTVCXX7* CQV"-rY RitaISTRYOIr DEEDS
A.SSXMsoli'S PARCEL. No : 83 52
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TOWN OF flPtIVI'KET
List of Parti ^_s in interest in the matter of the Petition of:
Name: Glenaan 14. Elliott
Address: c/o Reade & Alger Prof. Corp., P.O. Box 2669, Nantucket, MA 02584
Property Address: 280 Hummock Pond Road (83 -52)
See Attached List.
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1 certify the foregoina is a list of persons who are owners of land
abutting the pronertv 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.
7
August 221 1986 —
Dato Assessor
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