The URL can be used to link to this page

Home My WebLink About013-94C) 3 -- 1--/ L TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: April A3 1994 To: Parties in Interest and_Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 013 -94 Owner /Applicant: ARNOLD R. SMALL AND JOAN D. SMALL 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 t e 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 Waine cc: Town Clerk Planning Board Building Commissioner Chairman RECEIVED TOWN CLERK'S OFFICE NANTUCKET. Ma APR 13 1994 - - -�° 7- �, NANTUCKET ZONING BOARD OF South Beach Street Nantucket, Massachusetts Assessor's Parcel 14 -46 Plan Book 15, Page 29, Lot 1 LUG -3 DECISION: APPEALS 02554 11 Village Way Deed: Book 154, Page 21 013 -94 At a public hearing of the Nantucket Zoning Board of Appeals, originally scheduled for February 11, 1994, and continued to March 11, 1994, upon which date the within decision was entered, at 1:00 P.M. at the Town and County Building, Nantucket, Massachusetts, the Board made the following decision in the application of ARNOLD R. SMALL and JOAN D. SMALL (013 -94), c/o Reade -& Alger Professional Corporation, Post Office Box 2669, Nantucket, Massachusetts 02584. 1. The applicants request a variance from Nantucket Zoning By -law Section 139 -16.A (Intensity Regulations) to validate the subject property, said to have merged with adjacent land, as a separate building lot. The subject property contains 15,920 square feet in lot area, and has 70.95 feet of frontage Required lot area in the zoning district is 120,000 square feet, and required frontage is 200 feet. The subject property (the "Locus ") is located at 11 Village Way, Assessor's Parcel 14 -46, is shown upon plan recorded with Nantucket Deeds in Plan Book 15, Page 29, as Lot 1, and is situated in a Limited Use General -3 zoning district. 2. Our findings are made on the basis of the application and accompanying materials, and representations and testimony received at our public hearing. No Planning Board recommendation was made. Two letters in support were received from neighbors; one neighbor appeared by counsel in opposition. 3. Based upon the foregoing, we find that the Locus is a part of a tract of land which was owned in 1956 by Oswell J. Small,'father of the applicant, Arnold R. Small. Oswell J. Small caused the plan by Josiah S. Barrett dated April 7, 1956, recorded in Plan Book 15, Page 29, at the Nantucket Registry of Deeds, to be prepared, dividing his land into four lots, each of which contained a dwelling, preexisting the imposition of zoning and subdivision control requirements, and all four of which dwellings are still standing. Lots 1 and 3 are separated from Lots 2 and 4 by a way shown thereon; Lots 1 and 3 are adjacent to one another, as are Lots 2 and 4. Lot areas range from 12,900 to 15,920 square feet; frontage ranges from 70.95 to 93.40 feet. 4. On April 16, 1956, Oswell J. Small conveyed Lot 2 to Arnold Small and Joan Small. Oswell J. Small continued to own Lots 1, 3 and 4 until May 6, 1976, when he conveyed Lot 1 (the Locus) to the applicants, and Lots 3 and 4 to Sidney Small and Nanette 0. Small. 5. Meanwhile, the Locus was placed in a Limited Use General zoning district, with minimum lot area of 50,000 square feet, in 1972, and was rezoned as Limited Use General -3, as it now is, in 1973. 6. Accordingly, the 1976 conveyance of the adjacent Lots 1 and 3 into separate ownership created a zoning violation, in that each of Lots 1 and 3 was nonconforming with dimensional zoning requirements then in effect. (Protection of up to three adjacent lots with at least 75 feet of frontage is inapplicable because the Locus has only 70.95 feet of frontage. The conveyance of Lot 4 created no violation, as Lot 2 was in separate ownership therefrom since 1956 and Lot 4 was separated from the other lots on the plan by the Way thereon.) 7. However, since Lots 1 and 3 have been in separate ownership from each other for more than ten years, the structures thereon are protected against zoning enforcement by the curative provisions of M.G.L., c.40A, §7. Based upon the Land Court decision in McKenzie v. Zoning Board of Appeals of Wayland, case No. 131524, dated June 4, 1990, and the Board's decision in Westmoor Associates (082 -93), the structures upon the Locus are to be treated as pre- existing, nonconforming structures which may be altered by special permit or finding relief under M.G.L., c.40A, §6 and By -law Section 139 -33.A. Since the structures are thus protected, and the conveyance of land, apart from the status of the structures and uses thereon, does not create an enforceable zoning violation, we find that no enforceable violations now exist upon the Locus, that there is no barrier to its conveyance and use as now used, that the structures thereon could be altered in the event that this Board were to find that such alteration would not be substantially more detrimental to the neighborhood than the existing nonconformity, and that accordingly no variance relief is required in order to validate the Locus and the structure now existing thereon. 8. Accordingly, by unanimous vote, and with the concurrence of the applicants, the Board denied the requested variance relief, without consideration of the required statutory prerequisites for such relief. - Dated: �3 1994 Dale W. Waine RECER, Linda F. Williams TOWN CLEFiK'C r-%r- ,.� NANTUCKET. NAP APR 13 1994 TIME: CLERK: ejw /43 /smallbod Nancy j. 5evrens ZONING BOARD OF APPEALS South Beach Street Nantucket, Massachusetts 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held at 1:00 P.M., Friday, February 11, 1994, in the Town and County Building, Board Street, Nantucket, Massachusetts on the application of: ARNOLD R. SMALL and JOAN D. SMALL Board of Appeals File No. (-)I �j -94 Applicant requests a Variance from Section 139 -16.A. (Intensity Regulations) to validate the Locus, said to have merged with adjacent land, as a separate building lot. The Locus contains 15,920 square feet of area, and has 70.95 feet of frontage. Required lot area in this district is 120,000 square feet, required frontage is 200 feet. The Premises are 014, Parcel 046, Lot Premises are located district. kah /42 /SMALL located at 11 Village Way, Assessor's Map 1 as shown in Plan Book 15 Page 29. The in the Limited Use General -3 (LUG -3) zoning ale W. Waine , Chairman BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, NA 02554 CASE No.D.�3 -� APPLICATION FOR RELIEF Owner's name(s): Arnold R. Small and Joan D. Small Mailing address: c/o Reade & Alger P.C., P.O.'Box 2669, Nantucket, MA 02584 Applicant's name: same Mailing address: Same Location of lot: Assessor's map and parcel number 014 - 046 Street address: 11 Village Way Registry Tand Gt -Pi:", Plan Bk Pq eir Plan File 15 -29 Lot 1 Date lot acquired: �� 76 Deed Ret 154 21 Zoning district LUG-3 Uses on lot - commercial: None x or MCD? - number of: dwellings^ duplex_ apartments rental rooms_ Building date(s) : all pre -8/72? YeS or C of 0? Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: State fully all .zoning relief sougght 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 if Variance, 139 -30A if a Special Permit (and 139-33A if to alter or extend a noncon.orming use). If appeal per 139 -31A & B _ attach decision or order appealed. OK to attach addendum . Applicant requests a variance from Section 139 -16.A. (Intensity Regulations-) to validate the Locus, said to have merged with adjacent land,as a separate building lot. The Locus contains 15,920 square feet of area, and has 70.95 feet of frontage. Required lot area in this district is 120,000 square feet, required frontage is 200 feet. Items enclosed as part of this Application: orderl addendum2 Locus map x Site plan x showing present - + p 1 a -n-n-e7 structures Floor plans present proposed elevat=ons (HDC aapproved ?_) Listings lot area frontage setbacks GCR parking data Assessor - certifies— addressee Iist 4 sets x ma '1l ni g labels 2 setsx 200 fee payable to Town.of Nantucket x proof 'cap' covenant (If an appeal, ask'Town'Clerk to sent —Bldg Comrrs record to BoA-.T I certify that the requested informatior'submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of Perjury, SIGNATURE: 4 VlApplicant Attorney /agent x 3(If not owner or owner's att rney, enclose proof of authority) FOR BoA OFFICE USE Application copies ree d: 4 Vor_ for BoA on__L/fJ by_ One copy filed with Town Clerk on- bavLgby L complete? One copy each to Planning Bd and Building Dept $200 fee check given Town Treasurer on�L -/t-� b FLU waived? Hearing notice posted 1 �mailed,�,- �s �f� I & M Hearing(s) on_/_/, cont'd to_/_/_, withdrawn ?_ /_/_ Decision due by_/_/� made_/_/_ filed TC_/_/_ mailed_/_ See related cases lawsuits other W rI U Q- to LL O LUWY CCUU Z t Z =L i-