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Home My WebLink About050-88, TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 May 12 , 1988 Re: Decision in the Application of IRENE J. GILBRETH (050 -88) Enclosed is a notice of the 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 cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, APRIL 29, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following decision upon the Application of IRENE J. GILBRETH (050 -88) address 126 Bellevue Avenue, Upper Montclair, NJ 07043. 1. Applicant seeks a VARIANCE from the 5000 SF minimum lot size and 30% maximum ground cover ratio (`.`GCR ") set by Zoning By -Law SECTION 139 -16A and the 5 -foot side or rear lot line setback requirements of SECTION 139 -16C to validate the residential use of the premises, the single- family dwelling on it pre- dating the mid -1972 adoption of zoning. The premises are located at 6 SHELL STREET, SIASCONSET, Assessor's Parcel 73.1.3 -033, Plan Book 16, Page 86, Lot 2, -zoned RESIDENTIAL -l. See Deed Book 134, Page 199. 2. Our findings are based upon the Application papers, viewing and representations, testimony and plans received at our hearing, also copies proferred of related de-r-isions in 084 -84, 086 -85 and especially 011 -87, 030 -87 and 099 -87. 3. Applicant's Lot 2 was created by the Albert Egan division of a parcel into Lots 1, 2 and 3 shown on a plan endorsed approval not required ( "ANR") by the Planning Board 9/29/66. She acquired Lot 2 on 12/5/69. So far as appears from the present record, she has retained ownership of Lot 2, unchanged and separate from ownership of any adjoin- ing land. Accordingly, Lot 2 although lacking the 5000 SF lot size and 50 -foot frontage now required by Section 139 -16A, remains usable in keeping with grandfathering Section 139 -33A. Similarly, although the single - family dwelling has a ground cover exceeding the permitted 30% GCR and invades the 10' front and 5' interior lot line setbacks required by Section 139 -16A and C, it predates mid -1972 adoption of zoning with (050 -88) -2- no-change of record as to GCR and setback since then. 4. By contrast, the <zpplicant's Lot 3 in 099 -87 had been held in contiguous ownership until 1/17/79 and so lacked the protection of Sections 139 -16A and -33A. In our 099 -87 decision, we expressed concern that off - street parking be kept available for Lot 2 use since no parking is possible on Lot 2. We are told that Applicant here has the benefit of recorded easement Tights on Lot 3 to provide the needed parking space. 5. Since the premises, although non - conforming, are in valid single- family residential use, no vaYlance is necessary appro;�riate. Nonetheless, not realizing at the time of decision at our 4/29/88 hearing that this case did not involve contiguous ownership after 1972 zoning, we voted in favor of relief upon one condition. That condition, as in 099 -87, is that them be no enlatgement of the dwelling and no addi- tional structure constructed on the lot. To the extent Applicant's coun- sel concurs that relief is unnecessary, and the condition thus avoidable, Applicant may elect not to record this variance in the Registry. 6. Under the circumstances, this Board grants to Applicant the requested relief by VARIANCE from the specified requirements of SECTIONS 139 -16A and C, subject to the above -noted conditions. Dated: May N , 1988 Nantucket, MA 02554 /C,GUf.(.a� �� Yr'P. William R. Sherman r= ' Andrew J. Leddy, Jr. /00i C6 _ c Dale W. Waine BOA Form 1 -87 No. - APPLICATION- NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") owner's name (S) : Irene J. Gilbreth Mailing address: 126 Bellevue Avenue, Upper Montclair, NJ 07043 Applicant's name Same Mailing address: Same Location of lot(s): Assessor's map and parcel. 73.1.3 Parcel 33 Street address 6 Shell Street, Siasconset Book 134 Registry x1Rk, PL BK & PG, )ftkXx 16 -86 Lot 2 Deed ref . Page 199 Subdivision Endorsed / / ANR? 9/29/66 Date lot(s) acquired: 12/ 5 /69 Zoning district Residential - OH Number of dwelling units on lot(s): one Rental guest rooms none Commercial use on lot(s): none MCD? Building date(s): all pre -'72 zoning? yeS or Building permit application Nos. and dates N.A. C of 0? N.A. Case No(s). or dates all prior BOA applications: See 099 -87 - Related case State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non - conforming use, or to reverse Building Inspector by Appeal per -31A & B: Applicant seeks variance under Section 139 -32A from the 5,000 s.f. minimum lot size, the 50% G.C.R., the 50 foot minimum frontage, and the 5 foot side and rear line set -back for her existing cottage at 6 Shell Street which cottage predates zoning. Enclosures forming part of this Application: Supplement to above Site /plot plan(s) x with present / Y,)M structures x Locus map Floor plans present /proposed Appeal record Needed: areas 5,000 frontage 50' setbacks 5' GCR% 507. parking data Assessor's certified addressee list (4 sets) x Mailing labels' (2.sets)_x Fee check for $150.00 payable to Town of Nantucket "Cap" covenant N.A. I certify that the re uested information submitted is substantially complete an tru to the best my knowledge, under pains and penalties of perjury. Signa e: Irene J. Gi th Applicant Attorney /agent X (If. not o er, 'sh si uthority to apply-. )THEODORE L. TILLOTSON, MWIRE