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HomeMy WebLinkAbout041-91a1-i -"17-1 TOWN OF NANTUCKET BOARD OF APPEALS Nantucket, Mass. 02554 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 041 -91 Owner /Applicant: WHITNEY LANDS, INC. Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing a Complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the Complaint and a certified copy of the Decision must be given to the Tqw� Clerk so as to be received within such TWENTY (20) days. / ; Date:. k�mt ad / /w/ cc: Town Clerk Planning Board Building Commissioner . Leichtdr, Chairman TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 Decision: The Board of Appeals at a Public Hearing held on Friday, June 14, 1991 at 1:00 P.M. in the Town and County Building, Nantucket made the following Decision upon the Application of Whitney Lands, Inc. (041 -91), 10 Center Street, Orchard Park, New York 14124: 1. This is an application for a Special Permit pursuant to Section 139 -30 and Section 139 -33 or ] R,the Iter11 v + rb 'r'�i1 � c I�t..1r1 eYd�` � � Variance pursuant to Section 139 -32A. `�I'h proper is known an numbered as 73 Main STreet, Lot 1, Plan Book 22, Page 8, Assessor's Map 4231 -227, Book 254, Page 354, and is zoned Residential Old Historic. 2. Based upon a review of the Application, supporting docu- ments, plans and testimony, the Board finds that the property con- sists of a single family residential dwelling. The land area at 73 Main Street has increased since 1971 by the acquisition of a portion of the property formerly known as 69 Main Street. However, 73 Main Street was never conforming as to area. In 1981 a small parcel containing 86 square feet, being Lot 2, Plan Book 22, Page 8, was conveyed to an abutter. This con- veyance made the property at 73 Main Street slightly more non- conforming, but it made the abutter's property slightly more con- forming, and improved the set backs of the abutter's house. The alleged zoning defect cannot be readily corrected. Even if the abutter deeded Lot 2 back to the Whitney's, the abutter's property would require Board of Appeals' relief. The Board notes the significant number of letters from abutters in support of this Application. The Board recognizes that this property is unique of historic significance. If relief is not granted, the Applicant will suffer a substantial financial hardship if the property is tech- nically not marketable due to a de minimus zoning violation. 3. The Board finds that owing to circumstances relating, to the shape of the land and structures and especially affect- ing such land or structures, but not affecting generally the zoning district in which it is treated, a literal enforcement of the provisions of this zoning by -law would involve sub- stantial hardship financial or otherwise to Applicant, and the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such by -law. 4. The request for Special Permit relief is withdrawn by the Applicant without prejudice and with-the unanimous consent of the Board. s �ea� Perm � i - /Uart A�nt� -� 5. The request for --A----,-,for ground cover ratio relief is withdrawn by the Applicant without prejudice and with the unanimous consent of the Board. Based upon a plan submitted by the Applic- ant, no relief is necessary. 6. For the reasons set forth above, the Board grants the variance relief with respect to the premise Street, Nantucket, Massachusetts, under Section 139 -32 requirements of Section 139 -16A (N unanimously s at 73 Main from the � � said lot. ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held at 1:00 P.M., Friday, June 14, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: WHITNEY LANDS, INC. Board of Appeals File No. 041 -91 Applicant is seeking a Special Permit under Section 139 -30, or, in the alternative, a Variance under Section 139 -32 from the requirements of Section 139 -16A (Intensity regulations - Lot area, ground cover ratio) of the Zoning Bylaw to validate a lot with a pre -1955 structure thereon said to be nonconforming as to lot area and, possibly, ground cover ratio. The alleged zoning violation as was caused in 1982 by a conveyance of 87+ S. F. to an immediate abutter whose lot is also undersized. No expansion or change to the premises is sought. The premises are located at 73 MAIN STREET, Assessor's Map 42.3.1, parcel 227, as shown in Plan Book 22, page 8, Lot 1. The property is zoned ROH. r Robert J. Le' h er, Chairman BoA Form 1 -89 NANTUCKET 20NING BOARD OF APPEALS 5!160 TOWN AND COUNTY BUILDING Date NANTUCKET, NA 02554 CABS NO-CAI-q( APPLICATION FOR RELIEF Owner's name(s): Whitney Landes me Mailing address: 10 Centre Street Orchard Park WV 14127 Applicant's name: same Mailing address: same Location of lot: Assessor's map and parcel numberiZal - 727 Street address: 73 Main Strppt Registry LandxQUxPlan, Plan Bk & PgM=x6Umm:ZA0xft 22/8 Loth_ Date lot acquired: IJ13J86 Deed Ref 259,194 zoning district ROH Uses on lot - commercial: None _ or MCD ?- - number of: dwellings�1 duplex— apartments— rental rooms— Building date(s•): all pre -8/72? x or C of O ?— Building Permit appl'n. Nos. 9i to rapair dark Case Nos. all BoA applications, lawsuits: none State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139 -32A g if Variance, 139 -30A ,x if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -31A Z-B _ , attach decision or order appealed. OK to attach addendum . See attached Addendum Items enclosed as part of this Application: orderl addendum2 Locus map__: Site planes showing present +planned structures Floor plans present proposed— elevations (HDC aapproved ?_) Listings lot area x —frontage setbacks x GCR x parking data - Assessor- certified addressee list 4 sets x mailing labels 2 sets_ 200 fee payable to Town of Nantucket x proof 'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr s record to BoA-.F I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Applicant Attorney /agent x 3(If not er or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE / %%� Application copies reed: 4 ,/or— for BoA on� /� �71by 640 One copy filed with Town Clerk on / /2Z by_ `� L/--) complete? One copy each to Planning Bd and Building Dept by� $200 fee check given Town T _/ Treasurer on> .YbyLA 41ived ? —qqq' Hearing notice postedDe? Tr �mailedZ-12 I Hearing(s) on_/__/_ cont'd to _j_J_, �_/_ withdrawn ? _J_J_ / fl Decision due by_/_/_ made_/ _/_ filed TC _J_J_ mailed _/_J_ See related cases lawsuits other ADDENDUM Applicant seeks Special Permit relief pursuant to Section 139- 30 or in the alternative, variance relief pursuant to Section 139- 32. The property known as 73 Main Street was purchased personally by John and Marilyn Whitney in 1982 and transferred into their corporation in 1986. Prior to the Whitneys purchase in 1982, a small parcel containing 86 square feet being shown as Lot 2 at Plan Book 22, Page 8, was deeded to the abutter Robert M. Flanagan. The property was non - conforming as to area prior to the transfer of Lot 2 and slightly more non - conforming after the transfer. Mr. Flanagan's property is non - conforming even with the additional square footage and would be more non - conforming if Lot 2 was deeded back to the Whitneys and he would then need Board of Appeals relief. The property at 73 Main Street has increased in size since 1971 by the acquisition of vacant land at 71 Main Street. That parcel was divided and a portion was added to 69 Main Street and a portion added to 73 Main Street. The property even after the transfer of Lot 2 has more land area than it did prior to 1971. Pursuant to Section 139 -33 the Board may find that this lot is pre- existing non - conforming as to area and the alteration to the property by the conveyance of Lot 2 is not substantially more detrimental to the neighborhood then the prior non - conforming lot. In the alternative, the Board may grant variance relief by a finding that there are circumstances relating to the shape or topography of the land and structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this zoning by -law would involve substantial hardship, financial, or otherwise to the petitioner. 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. LAW OFFICES HOLMES, HAYS & FITZGERALD 35 CENTER STREET P. O. BOX 1108 NANTUCKET, MASS. 02554 WAYNE F. HOLMES WILLIAM H. HAYS III JULIE A. FITZGERALD May 16, 1991 Mr. Robert Leichter, Chairman Board of Appeals Town & County Building Nantucket, MA 02554 RE: Application of Whitney Lands, Inc. 73 Main Street Dear Mr. Leichter: 110; Enclosed please find the following: 1. Application plus three (3) copies; 2. Certified Abutters List plus three (3) copies; 3. Four (4) copies of Assessor's Map; (508) 228 -0052 FAX (508) 228 -8943 4. Four (4) copies of plan recorded at Plan Book 22, Page 8; 5. Four (4) copies of plan recorded at Plan Book 17, Page 6. Four (4) copies of a plan recorded at Plan Book 21, Page 77;, 7. Two (2) sets of mailing labels; 8. Check in the amount of $200.00. Please place this matter on the agenda for June14, 1991. "Very truly yours, , J, u a JAF /sdb Enclosures cc: Ms. Joanne M. Holdgate, Town Clerk ly fl BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 5/16/91 T0WN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No._ _ APPiICATION FOR RELIEF Owner's name(s): Whitney Landes rnr Mailing address: 10 Centre Street Orchard Park my 14177 Applicant's name: sam Mailing address: same Location of lot: Assessor's map and parcel number 4?,.31_- 727 Street address: 73 Main S reef Registry kandxRkxPlan, Plan Bk & Pg:= XR10UXWi:k0: 22/8 Lot _1 -- Date lot acquired: LJL3J86 Deed Ref2_5A,_54 zoning district ROH Uses on lot - commercial: None _ or MCD ?_ - number of: dwellings I duplex_ apartments_ rental rooms_ Building date(s.): all pre -8/72? x or C of O ?_ Building Permit appl'n. Nos. e to repair dark Case Nos. all BoA applications, lawsuits: none State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139 -32A g if Variance, 139 -30A ­X if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3JA �B _ , attach decision or order appealed. OK to attach addendum . See attached Addendum Items enclosed as part of this Application: orderl addendum2 Locus mapx Site plan x showing present +planned structures Floor plans present proposed_ elevations (HDC approved ?_) Listings lot area x- 'rontage setbacks GCR x parking data_ Assessor- certifie7 addressee fist 4 sets x maAling labels 2 sets_ 200 fee payable to Town of Nantucket x proof 'cap' covenant (If an appeal, ask Town Clerk to send'—Bldg Comr record to BoA.) send'—Bldg I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: �/i,12���(/� Applicant _ Attorney /agent x 3(If not er or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies rec d: 4_ or for BoA on_ / _/_ by One copy filed with Town Clerk on_ /__/_ by complete ?_ One copy each to Planning Ed and Building Dept_ /_/_ by $200 fee check given Town Treasurer on_ /_/_ by waived ?_ Hearing notice posted _J_ /_ mailed_/ _J_ I & M —/—/_, —J_/_ Hearing(s) on_/ _/_ cont'd to _j_/_, _/_/_ withdrawn ? —/—/_ Decision due by _j_/_ made _j_ /_ filed TC _J--/_ mailed _/_/_ See related cases lawsuits other ADDENDUM Applicant seeks Special Permit relief pursuant to Section 139- 30 or in the alternative, variance relief pursuant to Section 139- 32. The property known as 73 Main Street was purchased personally by John and Marilyn Whitney in 1982 and transferred into their corporation in 1986. Prior to the Whitneys purchase in 1982, a small parcel containing 86 square feet being shown as Lot 2 at Plan Book 22, Page 8, was deeded to the abutter Robert M. Flanagan. The property was non - conforming as to area prior to the transfer of Lot 2 and slightly more non - conforming after the transfer. Mr. Flanagan's property is non - conforming even with the additional square footage and would be more non - conforming if Lot 2 was deeded back to the Whitneys and he would then need Board of Appeals relief. The property at 73 Main Street has increased in size since 1971 by the acquisition of vacant land at 71 Main Street. That parcel was divided and a portion was added to 69 Main Street and a portion added to 73 Main Street. The property even after the transfer of Lot 2 has more land area than it did prior to 1971. Pursuant to Section 139 -33 the Board may find that this lot is pre- existing non - conforming as to area and the alteration to the property by the conveyance of Lot 2 is not substantially more detrimental to the neighborhood then the prior non - conforming lot. In the alternative, the Board may grant variance relief by a finding that there are circumstances relating to the shape or topography of the land and structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this zoning by -law would involve substantial hardship, financial, or otherwise to the petitioner. 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.