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
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