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.