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HomeMy WebLinkAbout140-86TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 December 5, 1986 Re: RICHARD E. KOTALAC, JR. (140 -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 __/ T n T l Tl In the matter of the application of RICHARD E. KOTALAC, JR. (140 -84) , 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 Size, Frontage and Ground Cover Ratio). The Applicant seeks to be relieved from the lot size, frontage and ground cover ratio requirements of the by -law for his vacant lot, created prior to the zoning by -law and thereafter held in common ownership with adjacent land for a time. The premises are located at 69 TOM NEVERS ROAD, Assessor's Parcel 75 -138, Land Court Plan 5004 -30, Lot 672, and are zoned LIMITED USE GENERAL -3. 2. The Applicant's premises consist of a vacant lot containing about one -half acre, with frontage of 165.79 feet on Tom Nevers Road, created by Land Court Plan 5004 -30, a plan submitted to the Planning Board in 1971 (prior to the adoption of the zoning by -law) and endorsed as "approval not required" under Massachusetts General Laws, Chapter 41, Section 81P. At the time of adoption of this zoning by -law, effective in July, 1972, and thereafter when the present applicable dimensional requirements of the by -law were adopted, effective in August, 1973, the premises remained in common ownership with adjacent land. Accordingly, despite the endorsement of the lot prior to these zoning changes, no freeze of dimensional requirements of the by -law has ever been applicable. 3. The premises first came into separate ownership from all adjacent land on June 18, 1976, when sold to one John G. MacLeod by deed registered as Document No. 17164 at Nantucket Registry District. Thereafter, they have continuously remained in separate ownership from all adjacent land, having been transferred several times, most recently to the Applicant, who acquired the premises on January 16, 1986, for consideration of $70,000.00, as appears by deed registered as Document No. 34689. 4. The Applicant has applied for a building permit for the construction of a single - family dwelling upon the premises, and has been informed by the Building Department that a building permit will be due for issuance in January, 1987. However, he has now been advised for the first time by counsel to a prospective purchaser of the premises that the lot is not considered to be buildable because it does not comply with the minimum lot size (120,000 square feet) and frontage (200 feet) of the by -law. Furthermore, the provision of the by -law, permitting lots of record in separate ownership at the time of adoption of the by -law to be built upon to the extent of 1,500 square feet of ground cover if they contain at least 5,000 square feet in lot area, is not applicable because this lot was held in common ownership at the time of the adoption of the applicable by -law provisions. Accordingly, the Applicant is now before us for variance relief from these intensity regulations of the by -law. -2- 5. We find that the Applicant comes before us as a good -faith purchaser of his premises, who has no means of curing the problems of buildability of the lot other than by relief from this board, and who will sustain severe financial loss if his lot cannot be built upon. Furthermore, we find that many of the similarly- situated lots in the same subdivision have been built upon pursuant to building permits issued by the Building Department nothwithstanding the issues raised, and that little public benefit would result from a denial of buildability. 6. Accordingly, we find that, owing to circumstances relating to the shape of the lot and especially affecting the premises but not affecting generally the zoning district in which it is located (consisting of the size and configuration of this particular lot and the circumstances of its creation and conveyance) , a literal enforcement of the by -law would involve substantial financial hardship to the Applicant (consisting of the financial loss resulting from 'lack of buildability and attendant loss of marketability), 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 (as set forth in Paragraph 5). 7. We caution that the decision reached in this case is reached upon the facts set forth herein, particularly the good -faith nature of the Applicant's status, and that we might well reach a different decision upon the facts presented by another case, even if the history of subdivision and conveyance were similar to that now before us. -3- C 8. For the reasons herein set forth, the BOARD OF APPEALS hereby GRANTS the Applicant a VARIANCE from the Nantucket zoning by -law, Section 139 -16.A, permitting the construction of one single- family dwelling not to exceed 1,100 square feet in ground cover notwithstanding the nonconformity with the dimensional requirements of the by -law, by a UNANIMOUS VOTE. Dated: December 5', 1986 William R. Sherman ,,Iocr�o &_� op 1� Dorothy D. Vollans X,,,AV1XW �', �" �r- Andrew J. Leddy, Jr -4- I 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 Applica- tion of RICHARD KOTALAC, JR. (140 -86) seeking a VARIANCE under SECTION 139 -16A (Intensity regulations: Minimum Lot Size, Front- age, and Ground Cover). If granted, the Applicant would be relieved from -the lot size, frontage and ground cover require- ments for his vacant lot, created prior to the zoning by -law but held in common ownership thereafter until conveyance during a freeze period:.which has now expired. The premises are located at 69 TOM NEVERS ROAD, Assessor's Parcel 75 -138, Land Court Plan 5004 -30, Lot 672 -and are zoned LIMITED USE GENERAL -3. 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 lic-reby applies for relief from the terms of the (ZONING BY- LAW)(BUILDING CODE) on property described below: Location of Property 69 Tom Nevers Road (75 -138) _ Lot No. 672 Land Court Plan No. 5004 -30 District is zoned for Limited Use General -3 Type of structure (Existing or Proposed) or proposed use: Single-family dwelling. Owner's Name Richard Kotalac, Jr. Owner's Address c/o Reade & Alger Professional Corp., P.O. Box 2669, Nantucket, MA 02584 When did you acquire this property? January 16, 1986 Has application been filed at Building Department? No. Has any previous appeal been made? Yes (127 -86) _ Section of By -Law or Code from which relief is requested: §139 -16.A (Intensity Regulations: Minimum Lot Size, Frontage, Ground Cover Ratio) Reason for asking relief: Applicant requests a variance from the lot size and -frontage requirements as to his vacant lot, created prior to the zoning by -law but in common ownership with adjacent land thereafter until conveyed into separate ownership in 1976. His lot contains about 23,500 square feet (120,000 are required by the by -law) and 165.79 feet of frontage on Tom Nevers Road (200 feet are required). Maximum ground cover is about 705 square feet; an increase to Signature of applicant 1,100 square feet is requested. RICHARD J. KOTALAC, JR. syt ATTACH: (1) A list of the names and addresses of each abutting o✓✓ner 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 TOWN OF NANTUCKET BOARD OF APPEALS List of parties in interest in the matter of the petition of: Name 7N-C /%-�J - Address Property Address C I certify the foregoing is a list of persons who are owners or Lana abutting the property, owners of land abutting the abutters, 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 lis Date _.. - _. � „ R�T HT U /:_ 43_ 1 DATA = ILL' t c5JrjR i (, ,lf'ti)R) Q1 TOM fr'1. ILL N- )t%S S. ^._ {' `•} ... DUE � •:e(.t"�hlt'�tJt�.z.l t. .t. ! 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