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HomeMy WebLinkAbout080-91I _+ 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)