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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: January (,) I , 1992
To: Parties in Interest and_Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
Owner /Appl icarit :
EDWARD W. FARRELI.
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 an complaint in court within TWENTY (20) days after
this day's date. Notice of the action with a copy of the
complaint and certified copy of the Decision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
cc: Town Clerk
Planning Board
Building Commissioner
Map 80
Parcel 198
Residential -2
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
DECISION
7 Dunham Street, Plan No. 36297 -C
At a Public Hearing of the Zoning Board of Appeals held on
December 13, 1991, at 1:00 P.M. in the Town and County Building,
Nantucket, on the application of Edward W. Farrell, Application
Number 80 -91, address c/o Theodore L. Tillotson, P.C., P.O. Box
1389, Nantucket, Massachusetts, 02554, the Zoning Board of
Appeals made the following decision:
1. Applicant seeks a VARIANCE under SECTION 139 -32A of the
Zoning By -Law from the requirements of Section 139 -16A (Intensity
Regulations - Minimum Lot Area) to validate an existing lot
containing 15,000 square feet in a Residential -2 District wherein
the minimum lot size is 20,000.
2. The Board's decision is based upon the application and
papers and documents filed therewith, the evidence, oral and
documentary, presented at the hearing, letters from abutters and
an adverse recommendation from the Planning Board.
3. The Applicant's evidence disclosed the following history
with regard to Applicant's lot:
a) By plan dated February 14, 1973, registered as Plan
No. 36297 -B, Nantucket Registry District, Applicant's predecessor
in title created four (4) lots, each containing 12,500 square
feet of land on which Applicant's lot is shown as all of Lot 3
and the northerly one -half of Lot 1 (See Exhibit I);
b) In 1972 when the first Zoning By -Law was adopted by
the Town of Nantucket, Applicant's premises was zoned
"Residential" requiring a minimum lot size of 5,000 square feet.
Further, Chapter 40A, Section 5A, M.G.L., in effect at the time
of the division of the land of which Applicant's locus is a part,
protected Applicant's lot from Zoning amendments increasing lot
area or other dimensional changes for a period of five (5) years
from the date of the plan (i.e. until February 14, 1978).
c) Town Meeting in April 1973 amended the Zoning By -Law
by rezoning the District in which Applicant's lot is located to
Residential -2 requiring a minimum lot size of 20,000 square feet.
d) A Building Permit was issued to Applicant's
predecessor in interest on August 14, 1974 (No. 589) permitting
the construction of the dwelling on locus as it exists today.
e) By plan dated May 8, 1977, registered as Plan No.
36297 -C, Applicant's predecessor in title redivided his land into
three (3) lots, two containing 15,000 square feet each and one
containing 20,000 square feet on which plan Applicant's lot is
shown on Lot 6 containing 15,000 square feet (Exhibit II). The
plan dated May 8, 1977 was endorsed by the Nantucket Planning
Board, "Approval Under the Subdivision Control Law NOT Required"
prior to said plan being filed with the Land Court.
f) Applicant purc]
thereon from the developer
March 31, 1978, forty -five
5A, Chapter 40A expired so
purchased locus, locus was
predecessor in title still
zased locus with the dwelling house
and subdivider of the premises on
days after the protection of Section
that at the time that Applicant
in violation of zoning as his
owned the adjoining lots.
g) Applicant has attempted to sell locus but due to the
Zoning violation, the Buyer has refused to purchase.
4. The Board finds that:
i) The use of the Applicant's locus, a single family
dwelling on a 15,000 square foot lot, commenced in 1974 and has
continued uninterrupted to this date;
ii) The facts stated in Paragraph 3 next above are
undisputed and are adopted as findings of this Board;
iii) The Applicant is unable to cure the disclosed
zoning violation as the abutting lots are either below or at
minimum size for the Zoning District thus the shape of
Applicant's lot cannot be revised, a circumstance which affects
Applicant's lot but does not affect generally the Zoning District
in which Applicant's lot is located;
iv) The Applicant is suffering a substantial financial
hardship as locus is unmarketable at present; and
v) The requested relief can be granted without
nullifying or substantially derogating from the intent or purpose
of the By -Law.
5. Based upon the findings, the Board, by a vote of four in
favor and one opposed (Ms. Balas) GRANTS the requested VARIANCE
to validate the continued existence of Applicant's existing
15,000 square foot lot with a dwelling thereon upon the condition
that no second dwelling be permitted on Applicant's lot ven
though the Zoning By-Law permits a secoxfl"iwe�ling t�en.
January 29, 1992 l , J=� XA^0
"Robert J.I Leichter
� _ eL
.9 11
Hams
C6_4
ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Mass. 02554
NOTICE
A Public Hearing of the BOARD OF APPEALS will
1:00 P.M., Friday, December 13, 1991, in the Town
Building, Broad Street, Nantucket, Massachusetts,
Application of:
EDWARD W. FARRELL
Board of Appeals File No. 080-91
o9a -W
be held at
and County
on the
Applicant is seeking a variance under §139 -32A of the Zoning
Bylaw from the requirements of §139 -16A (Intensity Regulations -
Minimum Lot Area) to validate an existing lot containing 15,000±
S.F.; 20,000 S.F. is the minimum lot area allowed in the
district. The lot was originally zoned for a minimum lot size of
5,000 S.F., at which time it contained 12,500 S.F. The area was
up -zoned to 20,000 S.F. lot size minimum in 1974. The lot was in
common ownership with adjacent land at that time and was
allegedly grandfathered for a period of five (5) years from the
impact of the up- zoning. The lot was conveyed into separate
ownership approximately forty -three (43) days after the
expiration of the zoning freeze protection and has been in
separate ownership since March, 1978.
The premises are located at 7 DUNHAM STREET, Assessor's Map
80, parcel 198, as shown on Land Court Plan 36,297 -C, Lot 6. The
property is zoned R -2.
4 ��- IA�
f
Robert Lei r, Chairman
BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS November 18, 1991
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
CASE No.o?) -7
APPLICATION FOR RELIEF
Owner's name(s):
Mailing address:
Applicant's name:
Mailing address:
HnN_ EDWARD W. FARRELL
c/o THEODORE L. TILLOTSON, P.O. BOX 1389, NANTUCKET, MA 02554
SAME
SAME
Location of lot: Assessor's map and parcel number
Street address:
7 nHNIIAM STREET
80- 198
Registry Land Ct Plan, KXMX&XX,-,,KXCOX7c}=,XIOX�MRIE No. 36297 -C Lot 6
Certificate No.
Date lot acquired: 331 78 Diacmdxfi O-X 12,,473 Zoning district R -2
Uses on lot - commercial: None _X_ or
- number of: dwellings 1 duplex_
Building date(s): all prc -8/72?
apartments
MCD?
rental rooms
or 1974 -1975 C of O? No.
Building Permit appl'n. Nos. August 20, 1974, No. 589
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 7 if Variance, 139 -30A if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -31A
& B — , attach decision or order appealed. OK to attach addendum.
Applicant seeks variance for improved lot containing 15,000 sq.ft.
instead of required 20,000 sq.ft. which lot was improved and con -
veyed into seperate ownership and has remained in seperate owner-
ship since March, 1978.
Items enclosed as part of this Application: orderl addendum2
Locus map (X) Site plan showing present (X) -I- planned structures
Floor plans present proposed elevations (HDC approved ?_)
Listings lot area frontage setbacks GCR parking data
Assessor - certified addressee 1st 4 sets majli.ng labels 2 sets_
1200 fee payable to Town of Nantucket(X) proof 'cap' covenant
(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.)
I certify ac he A nformation submitted is substantially
complete nd tr tof my }cnowl.edge, under the pains and
penalties f p ur
SIGNATURE• Applicant Attorney /agent (x
7 eodore L. TL lotson
3
(If not ow er or owner's attorney, enclose proof of authority)
THEODORE L. TILLOTSON, P.C.
ATTORNEY AT LAW
One Freedom Square - The Commons
P.O. Box 1389
Nantucket, Massachusetts 02554
Telephone (508) 228 -5400
Telecopier (508) 228 -3614
November 18, 1991
Ms. Joanne M. Holdgate, Town Clerk
Town and County Building
Broad Street
Nantucket, Massachusetts, 02554
Re: Application for Variance
Board of Appeals, 7 Dunham
Street, Hon. Edward W. Farrell
Dear Ms. Holdgate:
Enclosed for filing with your records please find
Application to the Board of Appeals for a variance in
connection with the above captioned matter.
Under seperate cover we have filed four copies of
the enclosed with the Board of Appeals together with the
appropriate filing fee and other required documents.
Thank you for your courtesy and cooperate
TLT /dh
encl.
cc: Board of Appeals
BY HAND
re L. Tillotson
BoA Form 1 -89
Owner's name(s):
Mailing address:
Applicant's name:
Mailing address:
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
HON. EDWARD W. FARRELL
November 18, 1991
Date
CASE No. -
c/o THEODORE L. TILLOTSON, P.O. BOX 1389, NANTUCKET, MA 02554
SAME
SAME
Location of lot: Assessor's map and parcel number
Street address: 7 DUNIIAM STREET
80- 198
Registry Land Ct Plan, ) D=nXXA'kXX &XX4X05rX3dXKxMXXk1K No. 36297 -C Lot 6
Certificate No.
Date lot acquired: 331 }D
78 aadxf3af 2 1 ,473 Zoning district R -2
Uses on lot - commercial: None X_ or MCD?
- number of: dwellings I duplex apartments rental rooms
Building date(s) : all pre -8/72? or 1974-1225 C of O. No.
Building Permit appl'n. Nos. August 20, 1_974, No. 589
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 7 if Variance, 139 -30A if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -32
& B attach decision or order appealed. OK to attach addenduml.
Applicant seeks variance for improved lot containing 15,000 sq.ft.
instead of required 20,000 sq.ft. which lot was improved and con -
veyed into seperate ownership and has remained in seperate owner-
ship since March, 1978.
Items enclosed as part of this Application: orderl addendum2
Locus map (x) Site plan showing present (x) +planned structures
Floor plans present proposed elevat-
ion s (1IDC approved ?_)
Listings lot area frontage setbacks GCRT_ parking data
Assessor- certified addressee list 4 sets mailing labels 2 sets_
x'200 fee payable to Town of Nantucket? proof3 'cap' covenant
Mf an appeal, ask Town Clerk to send Bldg Comr's record to BOA.)
I certify a lie requ'ste information submitted is substantially
complete nd tr " to th b ,f my knowledge, under the pains and
penalties f p ur0..�' �
SIGNATURE: Q��/✓V`® Applicant Attorney /agent (x
3 r T r- n„t- • �?Teodore Owner' st attorney, enclose proof of authority)