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Home My WebLink About009-94 so F. TOWN OF NANTUCKET air � BOARD OF APPEALS • O c04 OORMO NANTUCKET, MASSACHUSETTS 02554 Date: March 0 , 19 94 To : Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 009-94 Owner/Applicant: MARY T. MURRAY 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 . Dale W. Waine !'airman cc: Town Clerk Planning Board Building Commissioner 04011004 TOWN OF NANTUCKET art ° BOARD OF APPEALS • � - A yc°4PoRATio' NANTUCKET, MASSACHUSETTS 02554 Assessor ' s Map 67 25R Bartlett Road Parcels 5 . 1 and 5 . 2 Plan Book 22 , Page 71 Residential-10 Lots 1 and 3 • At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 : 00 P.M. , Friday, March 11 , 1994, in the Selectmen' s Meeting Room, in the Town. and County Building, Broad Street, Nantucket, Massachusetts, on the Application of_MARY T. MURRAY, of Box 3437 , Nantucket, MA 02584, Board of Appeals File No. 009-94, the Board made the following Decision: 1 . Applicant is seeking relief by Variance under Nantucket Zoning By-Law § 139-32A from the requirements of §139-16A ( Intensity regulations- minimum frontage) to validate the lot and the existing building on it. The lot has 55+ feet of frontage on Bartlett Road in a district that requires a minimum frontage of 75 feet . The premises are located at 25R BARTLETT ROAD, Assessor ' s Map 67 , Parcels 5 . 1 and 5. 2 , as shown in Plan Book 22 , Page 71 , Lots 1 and 3 . The property is zoned Residential-10. 2 . The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the hearing and a favorable recommendation by the Planning Staff . 3 . Applicant represents that the locus (consisting of combined lots 1 and 3 as shown on a plan attached hereto and marked as Exhibit A, Assessor ' s Map 67, Parcels 5. 1 and 5.2) was created as part of a Hot Approval Not Required (ANR) subdivision plan, filed by a predecessor in title, that was endorsed by the Planning Board on May 24, 1982 and is registered in the Regi.F:try of Deeds, Plan Book 22 , Page 33 . At the 1983 Annual Town Meeting, the zoning district in which the locus is located was upzoned from Residential-1 , requiring a minimum frontage of 50 feet, to Residential-10 requiring a minimum of 75 feet of frontage. At the time of the 1982 subdivision, Lot 1 and Lot 2 , the subject of a favorable grant of relief in Board of Appeals File No. 096-92, met the frontage requirements, having 55 feet and 70 feet of frontage, respectively. In October, 1983 , a predecessor in title, filed another ANR subdivision plan of his property, to enable the conveyance of the portion of the lot marked Lot 3 on Exhibit A, to the adjacent Lot 1 . The frontage of the combined lots shown- as 55+ feet, was maintained on the 1983 plan, apparently in reliance that the 1983 upzoning did not apply to the mere redivision of the rear portion of the property. The 1983 plan was endorsed by the Planning Board, recorded in Plan Book 22, Page 72 as the Registry of Deeds and the combined Lots 1 and 3 were thereupon conveyed out of common ownership. ( 009-94) -2- 4 . Due to the fact that Lots 1 and 3 were held in common ownership with Lot 2 and the lot lines reconfigured after the upzonng, the lots are arguably considered merged for zoning purposes as neither combined Lots 1 and 3 nor Lot 2 meet the frontage requirement of 75 feet. However, Lot 2 , in BOA File No 096-92 , received Variance and Special Permit relief to validate the siting of its structures and and the non-conforming frontage of 70 feet . 5 . Applicant further represents that there is a single family structure, constructed in 1984, sited on the premises and that no other zoning violations exist . The locus had been conveyed several times and only recently was the issue of the frontage violation been brought to light. The locus was also the subject of an Application, Board of Appeals File No . 010-86, in which another predecessor in title, received relief from the covenant, and at that time there was no mention of any zoning irregularities and a Certificate of Occupancy was issued numbered 3476-84. 6 . Accordingly, the Board finds that, owning to circumstances relating to the shape of the Locus, especially affecting the locus • and structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this Zoning By-Law as to frontage requirements would involve substantial financial hardship to the Applicant, and that 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 the By-Law. Therefore, by a vote of four (4) in favor (Williams, Waine, Angelastro and Sevrens) to one ( 1 ) abstaining (Balas) , the Board GRANTS the requested relief by Variance under §139-16A (minimum frontage requirement) , to validate the subject lot and structure thereon as a separately marketable and buildable lot . Dated: March / 7 , 1994 —� CO)1 RECEIVaz Dale W. Waive TOWN CLERK'S OFFICE //1 NANTUCKET, MA 02554 MAR 17 1994 Li c1 F. Ilia is TIME: 3: (l c bti // CLERK: Il Angelastro ancy S rens Ann Balas % oEoNTUC TOWN OF NANTUCKET 2. o • BOARD OF APPEALS 'y mil= Ate_ 4poRA119. NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P.M. , FRIDAY, FEBRUARY 11 , 1994, in the Selectmen' s Meeting Room, in the Town and County Room, Broad Street, Nantucket, on the Application of: MARY T. MURRAY Board of Appeals File No. 009-94 Applicant is seeking relief by VARIANCE under Nantucket Zoning By-Law §139-32A from the requirements of §139-16A ( Intensity regulations - minimum frontage) to validate the lot and the existing building on it . The lot has 55+ feet of frontage on Bartlett Road in a district that requires a minimum frontage of 75 feet. The Premises are located at 25R BARTLETT ROAD, Assessor ' s Map 67 , Parcels 5 . 1 and 5. 2, as shown in Plan Book 22 , Page 71 , Lots 1 and 3 . The property is zoned Residential-10. • Q LbCbctuik9 Dh, W. Waine, Chairman BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 CASE No.009 - 94 APPLICATION FOR RELIEF Owner's name(s) : Mary T. Murray (Bruno) Mailing address: P.O. Box 3437, Nantucket, MA 02584 Applicant's name: Same as above Mailing address: Same as Above _ Location of lot: Assessor's map and parcel number 67 -5. 1 and 5.2 Street address: 25R Bartlett Road VAViIII-FIAaaCOVIWff, Plan Bk & Pg or Plan File 22 - 71 Lots 1 & 3 Date lot acquired: 0L/21/ 92 Deed Ref 387/230 Zoning district R-10 Uses on lot - commercial: None g or MCD?___ - number of: dwellings 1 duplex_ apartments rental rooms__ � 3476-84 Building date(s) : all pre-8/72? _ or 1984 C of O. Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: 010-86 (Covenant relief) 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 X if Variance, 139-30A if a Special Permit (and 139-33A if to alter or extend a noncoorming use) . If appeal per 139-3A &B _ , attach decision or order appealed. OK to attach addendum' . Applicant seeks relief by Variance under Section 139-16A to validate her lot's frontage on Bartlett Road, of 55+ feet in a district that requires 75 feet. Applicant's property was part of an ANR 1982 subdivision done by a previous owner. The property was then zoned R-1 with a requirement of 50 feet of frontage. At that time that and the other lot were not in violation as to frontage. The property was up-zoned in April of 1983 to 75 feet and R-10. The original owner did not sell the subject lot out of common ownership until Nov. 12, 1983, after the up-zoning making the lots arguably re-merged as neither lot met the frontage r@g girement, at ,that time. Items enclosed as part of tiiis Application: orderl addendum2 Locus map_ Site plan_ showing present +planned structures Floor plans present proposed__ elevations (HDC approved? ) Listings lot area frontage setbacks GCR parking data Assessor-certifiea—gddressee Iigt 4 sets majlng labels 2 sets_ $i200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to sena—Bldg Comr record to BoA. ) 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. N..)-----, SIGNATURE: Irv/ 7'A/1./W- Applicant Attorney/agent U 3 11‘ (If not owner or wner's attorn y, enclose proof of authority) - R G FOR BoA OFFICE USE / 0 O) Application copies reed: 4 L///or for BoA on / / by �� -C ,! Eij ix W cc) /One copy filed with Town Clerk on / /��bY �(�f j(�complete?�� J Y z 4 LLJ One copy each to Planning Bd and Building Dept / /6�L by 7i1`'« z D �/ b /k f! waived? Z $200 fee check given Town Treasurer on /�' Y( ��- f ) � � Q I Hearing notice posted mailed I & ML/ E/ ' l z /� F- Z ,5 _ Hearing(s) one_/_ cont d to /_, /___/— withdrawn?__/__/ t Decision due by/___/_ made/./_ filed TC_/_/ mailed/__/__ See related cases lawsuits other BoA Form 1-89 NANTTOWTANDZONING COUNTY BOARD BUILDING APPEALS ILDING Date NANTUCKET, MA 02554 CASE No 009 - 94 APPLICATION FOR RELIEF Owner's name(s) : Mary T. Murray (Bruno) Mailing address: P.O. Box 3437, Nantucket, MA 02584 Applicant's name: Same as above Mailing address: Same as Above Location of lot: Assessor's map and parcel number 67 -5.1 and 5.2 Street address: 25R Bartlett Road VA4NAXWXAOMVXXXANW Plan Bk & Pg or Plan File 22 - 71 Lots 1 & 3 Date lot acquired: 0IL/22/ 92 Deed Ref 387/230 Zoning district R-10 Uses on lot - commercial:' None g or MCD?_ - number of: dwellings 1 duplex rental rooms_ � 3476-84 Building date(s) : all pre-8/72? _ or 1984 C of O. Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: 010-86 (Covenant relief) 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 X if Variance, 139-30A if a Special Permit (and 139-33A if to alter or extend a noncogorming use) . If appeal per 139-3A &B _ , attach decision or order appealed. OK to attach addendum' . Applicant seeks relief by Variance under Section 139-16A to validate her lot's frontage on Bartlett Road, of 55+ feet in a district that requires 75 feet. Applicant's property was part of an ANR 1982 subdivision done by a previous owner. The property was then zoned R-1 with a requirement of 50 feet of frontage. At that time that and the other lot were not in violation as to frontage. The property was up-zoned in April of 1983 to 75 feet and R-10. The original owner did not sell the subject lot out of common ownership until Nov. 12, 1983, after the up-zoning making the lots arguably re-merged as neither lot m t the from ge r uiremen at ,that time. Items enclosed as part of tills Application: orderl addendum2 Locus map_ Site plan present +planned structures Floor plans present proposed (HDC approved? ) Listings lot area frontage setbacks_ GCR parking data___ Assessor-certifie3 addressee Iist 4 sets mall.ng labels 2 sets_ $200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to sena-B-ldg Comr record to BoA. ) 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: Lk/ Applicant ✓ Attorney/agent 3 (If not owner oar-wner's attorn y, 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 Bd and Building Dept / /_ by $200 fee check given Town Treasurer on /__/_ by waived. Hearing notice posted /J_ mailed/J_ I & M__/__I_, Hearing(s) on / /_ cont'd to__/__/_, /__j withdrawn?__/__/_ Decision due by / /_ made]/_ filed TC/__/ mailed /__I See related cases lawsuits other