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Home My WebLink About139-86135 -T(p iii TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 December 51 1986 Re: MATTHEW S. PARKER AND PHYLLIS A. PARKER, TRUSTEES OF EAST CHESTNUT REALTY TRUST (139 -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 MATTHEW S. PARKER and PHYLLIS A. PARKER, Trustees of EAST CHESTNUT REALTY TRUST (139 -86), at a meeting of the BOARD OF APPEALS held at 1:30 P.M. on Friday, November 21, 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 from the provisions of the Nantucket zoning by -law, Section 139 -16.A (Intensity Regulations - Minimum Lot Area). The Applicant seeks to be relieved from the minimum lot size requirement (5,000 square feet), permitting them to maintain their existing structure and to remove an objection to marketability of their premises which contain 1,885 square feet and which came into separate ownership after the adoption of the by -law. The premises are located at 4 EAST CHESTNUT STREET (Assessor's Parcel 42.3.1 - 10.1), Lot 4, Plan Book 20, Page 37, and are zoned RESIDENTIAL - COMMERCIAL. 2. On August 16, 1976, the premises were part of a tract of land shown as Lots 1, 2 and 3 on a plan recorded with Nantucket Deeds in Plan Book 19, Page 116, and endorsed on that date by the Planning Board under General Laws, Chapter 41, Section 81P, as not requiring subdivision control approval (evidently on the basis that the three lots each contained Page 1 of 3 a building preexisting the acceptance by Nantucket of the Subdivision Control Law in 1955). None of the three lots complied with the minimum lot size requirement of the by -law. In 1977, Lot 1 was conveyed into separate ownership. Thereafter, Lots 2 and 3 were redrawn by a plan recorded in Plan Book 20, Page 37, into Lots 4 and 5, likewise each containing less than 5,000 square feet. On October 27, 1978, Lot 4 was conveyed into separate ownership from all adjacent land, and it has remained in separate ownership ever since. It contains a structure used as a lodging house. 3. The Applicants have learned of the fact that their premises are in violation of the zoning by -law, notwithstanding the endorsement of the plan by the Planning Board, through recent efforts to sell or mortgage their property. They have no means of curing the violation other than by variance relief from this Board. ��C� �� `~� ft, 4. Upon these facts, this Board finds that owing to circumstances relating to the shape of the Applicants' land and building but not affecting generally the zoning district in which the premises are located (consisting of the existing configuration of the lot), a literal enforcement of the provisions of the by -law would involve substantial financial hardship (consisting of the loss of marketability) to the Applicants, 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 now existing upon the Page 2 of 3 ground will result). 5. The relief hereby granted is conditional upon there being no change in use, nor expansion of the existing use and structure, upon the premises without further relief being granted by this Board upon a new application. 6. For the reasons and upon the conditions herein stated, the BOARD OF APPEALS hereby GRANTS the Applicants a VARIANCE from the Nantucket zoning by -law, Section 139 -16.A, permitting the Applicants to maintain their existing building notwithstanding the failure of the lot to comply with the minimum lot area requirement of the by -law, by a UNANIMOUS VOTE. (Dated: De c e mb e r J 19 8 6) G F---- °-- �- --�` William R. Sherman Page 3 of 3 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on Friday, November 21, 1986, at 1:30 P.M., in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application 131 -9(C7 of MATTHEW S. PARKER and PHYLLIS A. PARKER, Trustees of EAST CHESTNUT REALTY TRUST, seeking a VARIANCE from the Nantucket zoning by -law §139 -16.A (Intensity Regulations - Minimum Lot Area) . If granted, the Applicants would be permitted to maintain their existing structure and to remove an objection to marketability of their property based upon the post -1972 division of the tract of land of which the premises are a part into three lots, each of which contained a pre -1955 building, and the conveyance of each of said lots into separate ownership. The premises contain 1,885 square feet, with abeam 5,000 square feet required by the by -law. The premises are located at 4 EAST CHESTNUT STREET (Assessor's Parcel 32.3.1- 10.1), Lot 4, Plan Book 20, Page 37, and are zoned RESIDENT -LAL- COMMERCIAL. I William R. Sherman, Chairman BOARD OF APPEALS AB -1 FEE $100.00 Case No. APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusetts To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the (ZONING BY -LAW) on property described below: Location of Property 4 East Chestnut Street (42.3.1 -10.1) Lot No. 4 Plan No. Plan Book 20, Page 37 District is zoned for Residential - Commercial Type of structure (Existing or Proposed) or proposed use: Guest House Owner's Name Matthew S. Parker and Phyllis A. Parker, Trustees of East Owner's Address Chestnut Realty Trust, c/o Reade & Alger, P.C., P.O. Box 2669, Nantucket, MA When did you acquire this property? April 24, 1981 02584 Has application been filed at Building Department? No. Has any previous appeal been made? Yes (36 -78) _ Section of By -Law or Code from which relief is requested: §139 -16.A (Intensity Regulations - Minimum Lot Area) Reason for asking relief: Applicants desire to remove objection to marketability based upon the post -1972 division of the tract of land of which the premises are a part into three lots, each containing a pre -1955 building, and the conveyance of each lot into separate ownership. The premises contain 1,885 square feet; 5,000 square feet are required by the by -law. Signature of applicant MATTHEW S. PARKER et al, Trustees By: � ATTACH: (1) A list of the names and addresses of each abuttin"n,4 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 date(s) Decision of Board Decision filed with the Town Clerk n L b 7• Z r -{ O M A ti y D )1 0 3 n d r Z � D \ O �z oO t7 c :d t N �O :z {o oN5 5 f- r^ M C U Cod <�r 3 D r m 0 z 0 I r` r b 0 p I 5 r Z a. r U lT S TZP y Z I � N O'er � O 0 (t n D b� 3 Z ro 0 p n \in Z � C O CP N. ro c N a u, > r - t LP �J N -0 m MX38 x6 e 59 o 6,' 5 N 29 0 N Z � A � / J rr �3o K5 P�hY Jr I J c O /pJ 1. o z N 1 �d r Gp /D N MASS COO*- -' i s, -,+ova TOWN OF lIPMVIC'KET list of Parties in interest in the matter of the Petition of: Name: Matthew S Parker and Phyllis A Parker, as Trustees of East_Cheatnut Realty Trust Address: c/o Reade & Alger Professional Cor P.O. Box 2669 Nantucket MA 02584 i'roper ty Addr6ss : 4 East Chestnut Street (42.3.1 - 010.1) See attached list. 1 certify the foregoinv 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 host recent applicable TAX list. November 1986 Dat� C�;, i- Assessor,. Town of -14antdc&e't, I. ' it OFFICE OF THE BOARD OF ASSESSORS TOWN OF NANTUCKET MASSACHUSETTS ABUTTERS LIST Charles M. & Diane J. Carl 2 Chestnut Street Nantucket, MA 02554 Thomas B. McGlinn 1 Chestnut Street Nantucket, MA 02554 Chester S. Barrett, Jr.. 21 Somerset Road Nantucket, MA 02554 Twenty -One Federal Street Ltd. Partnership 21 Federal Street Nantucket, MA 02554 Foster R. Herman 125 William Street S. Dartmouth, MA 02748 Leon & Rose Marty 35 Hooper Farm Road Nantucket, MA 02554 Dreamland Theatre Inc. 17 S. Water Street Nantucket, MA 02554 Zelda Zlotin Etal c/o Green Coffee Pot 15 S. Water Street Sidney H. & Ann S. Killen Etal 10 Easy Street Nantucket, MA 02554 Roberts House Inc. 11 India Street Nantucket, MA 02554 John C. Ohman & Jane L. David & G.C. & D.P. Metcalfe 16 Federal Street Nantucket, MA 02554 r,. OFFICE OF THE BOARD OF ASSESSORS TOXIN OF NANTUCKET MASSACHUSETTS Lee H. & Tharon Sapp Dunn FOB 1878 Nantucket, MA 02554 R &R Realty Trust c/o David H. Fleischer Tr. 47 Walnut Street Weston, Ma 02193 Nantucket Antheneum Library 3 India Street Nantucket, MA 02554 Sherberne Associates Zero Main Street Nantucket, MA 02554 Michael C. O'Rielly & Sara Shlosser 129 Polpis Road Nantucket, MA 02554 Donald E. DeMarco Apt. 4 240 E. 79 Street New York, NY 10021 David & Barbara Masters, Jr. 7 India Street Nantucket, MA 02554 F &F Realty Trust c/o David H. Fleischer Tr. 880 Rear Providence Hgwy. Dedham, MA 02026 Boarding House of Nantucket Inc. 12 Broad Street Nantucket, MA 02554 U.S. Post Office 7 Federal Street Nantucket, MA 02554 Carrie Miller Nantucket, MA 02554 OFFICE OF THE BOARD OF ASSESSORS TOWN OF NANTUCKET t MASSACHUSETTS Pacific National Bank Tr. c/o EMRE Corp. Macy Lane Nantucket, MA 02554 Hardys Inc. 5 S. Water Street Nantucket, MA 02554 Pearl Street Realty Trust c/0 P.B. & D.W. Waine.Tr. Nantucket, MA 02554 Andrew M. Willauer Etux 880 Sport Hill Road Easton, CT 06612 Lucille A. Jordon Etal c/o Lucille A. Jordon Polpis Road Nantucket, MA 02554 St Marys Catholic Church 3 Federal Street Nantucket, MA 02554 Gwen W. Gaillard 4 S. Water Street Nantucket, MA 02554 Sherman & John S. Rugge 56 Grove Ave. Glens Falls, NY 12801 Woods Hole, Marthas Vineyard & Nantucket Steamship Authority Steamboat Wharf Nantucket, MA 02554 Harry Gordon 26 Easy Street Nantucket, MA 02554 Sherburne Associates c/o Harborview Shopkeepers 35 Main Street Nantucket, MA 02554 Town Of Nantucket Nantucket, MA 02554 Robert F. Mooney 171 Orange Street Nantucket, MA 02554 Lois K. Shapiro 168 Valley Road Watchung, N.J. 07060 OFFICE OF THE \ BOARD OF ASSESSORS TOWN OF NANTUCKET MASSACHUSETTS Thomas A. & Kimberly D. Romero Westmoor Inn Cliff Road Nantucket, MA 02554 Nantucket Historical Association Nantucket, MA 02554 William C. Cameron & Wayne Mosher 10 Broad St. Nantucket, MA 02554 Walter D. Glidden, Jr. 41 Liberty Street Nantucket, MA 02554 Sturgiss Pines Realty Trust c/0 Roger A. Young Tr. 9 Youngs Way Nantucket, MA 02554 Philip A. & Ruth E. Osley 12 Broad Street Nantucket, MA 02554 Wylie L. & Louise C. Collins 17 Broad Street Nantucket, MA 02554 George W. & Mary S. Burgess 19 Broad Street Nantucket, MA 02554 John B. & Colleen Arno 21 S. Water Street Nantucket, MA 02554