The URL can be used to link to this page

Home My WebLink About023-94C TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: May I ? , 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.: 623 -94 Owner /Applicant: PHILLIPS RENTAL ASSOCIATES, ELIZABETH ANN PHILLIPS, GENERAL PARTNER AND EQUITABLE OWNER 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 filing an complaint i this day's date. Notice complaint and certified to the Town Clerk so a:s (20) days. e Decision must be brought by court within TWENTY (20) days after of the action with a copy of the copy of the Decision must be given to be received within. such TWENTY Dale W. Wa cc: Town Clerk Planning Board Building Commissioner m chairman I TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 55.4.4 Parcel 10.1 R -1 1OR Mount Vernon St. Plan Book 21, Page 53 Lot 2 At a Public Hearing of the Zoning Board of Appeals held at 1:00 P.M., Friday, April 8, 1994 in the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of PHILLIPS RENTAL ASSOCIATES, ELIZABETH ANN PHILLIPS, GENERAL PARTNER AND EQUITABLE OWNER, c/o Roy A. Cramer, Kassler and Feuer, P.C., 101 Arch Street, Boston, MA 02110, Board of Appeals File No. 023 -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 Nantucket Zoning By -Law §139 -16A (Intensity regulations - minimum lot area and frontage requirements) to validate a said to be pre- existing, non - conforming lot on which a said to be pre- existing, non - conforming single family dwelling is sited. The lot area is 2,345 + square feet and the frontage is zero feet in a district that requires a 5,000 square foot minimum lot size and 50 feet of frontage. The dwelling is sited 1+ foot from the southerly side lot line and 1+ foot from the rear lot line at its closest points in a district that requires 5 feet. The ground cover ratio is 42% in a district that requires a maximum ground cover ratio of 30/. The premises are located at 1OR Mount Vernon Street, Assessor's Map 55.4.4, Parcel 10.1, and shown on Plan Book 21, Page 53, as Lot 2. The property is zoned Residential -1. 2. The Decision is based upon the Application and materials submitted with it; the testimony and evidence presented at the hearing; two letters in opposition to the Application; two letters in support of the Application; and an unfavorable recommendation of the Planning Board. 3. Applicant represented that the lot is non - conforming as to frontage, ground cover and area requirements. The lot has no frontage on Mount Vernon Street and is accessed by a 12 foot dedicated easement that was granted by the Lot 1 at 10 Mount Vernon Street as shown on Exhibit "A" attached hereto. Lots 1 and 2 (the "Locus ") were created by a plan endorsed ANR by the Planning Board on January 26, 1981 and recorded June 29, 1981. Applicant represented that both lots contain pre -1955 single family (023 -94) -2- dwellings. The structure on the locus is non - conforming as to setbacks and ground cover. The lot has been in separate ownership since January 18, 1982, and was conveyed to the present successor in tile on September 21, 1983. No claim of possible merger was raised during either of these conveyances. Moreover, the lot is covered by the provisions of M.G.L. c 40A, §7, regarding alleged zoning violations which exist for more than ten years, and we are barred from taking any enforcement action on the structure. However, Applicant is not permitted to alter or extend said structure without relief from this Board by Variance to validate the lot. 4. The Board finds that owning to circumstances relating to the soil conditions shape or topography of such land or structures and especially affecting such land or 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 or appellant, 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. 5. Accordingly, the Board GRANTS a VARIANCE by a vote of four (4) members in favor (Williams, Waine, O'Mara and Angelastro) and one (1) opposed ( Balas), pursuant to Zoning By -Law §139 -32A from the requirements of §139 -16A to validate Lot 2, as shown on Exhibit A attached hereto, as a separately marketable and buildaable lot and to validate the current siting of the single family dwelling contained therein. Dated: May 19 , 1994 RECEIVED TOWN CLERK'S OFFICE NANTUCKET. MA 02.554 MAY 191994 TIME: /- CLERK:-- CLERK: -- i v a e W. Waine Linda A7. lliams 7 M i h e1� 0 Ma Michael Angelastr An _6A2- Ann Balas Zoning Board of Appeals South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, March 11, 1994, in the Town and County Building, the Selectmen's Meeting Room, Broad Street, Nantucket, Massachusetts, on the Application of: PHILLIPS RENTAL ASSOCIATES, ELIZABETH ANN PHILLIPS, GENERAL PARTNER AND EQUITABLE OWNER Board of Appeals File No. 023 -94 Applicant is seeking relief by VARIANCE under Nantucket Zoning By -Law §139 -32A from the requirements of Nantucket Zoning By -Law §139 -16A (Intensity regulations- minimum lot area and frontage requirements) to validate a said to be pre- existing, nonconforming lot on which a said to be pre- existing, nonconforming single family dwelling is sited. The lot area is 2,345± square feet and the frontage is 0 feet in a district that requires a 5,000 square foot minimum lot size and 50 feet of frontage. The dwelling is sited 1± foot from the southerly side lot line and 1± foot from the rear lot line at its closest points in a district that requires 5 feet. The ground cover ratio is 42 % in a district that requires a maximum ground cover ratio of 30 %. The premises are located at 10R MOUNT VERNON STREET, Assessor's Map 55.4.4, parcel 10.1, as shown in Plan Book 21, Page 53, Lot 2. The property is zoned Residential -1. Dale W. Waine, Chairman BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 CASE No p2 G � _( APPLICATION FOR RELIEF Owner's name(s): Elizabeth Ann Phillips c/o Roy A. Cramer, Kassler & Feuer, P.C., 101 Arch Street, Mailing address: Boston, MA 02110 Applicant's name: Mailing address: Sauce as above Location of lot: Assessor's map and parcel number 5544 - 00101 Street address: 1OR Mt. Vernon Street Registry Lw xCtc Plan, Plan Bk & Pg or V4>=xj*,ixjc0 21 / 53 Lot 2 Date lot acquired: 9 21 83 Deed Ref 205, 65 Zoning district R1 Uses on lot - commercial:' None X or MCD. - number of: dwellings 1 duplex apartments rental rooms O Building date(s): all pre -8/72? x or Building Permit appl'n. Nos. N/A Case Nos. all BoA applications, lawsuits: C of O? 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 if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3 A & B attach decision or order appealed. OK to attach addendum RECEIVED TOW,( &,gK' See Addendum attached hereto and made a pagAA f S OFF ►CE MA 02554 FEB 2 4 1994 ,JERK:_ - Items enclosed as part of this Application: orderl addendum2 Locus map) Site plan- showing present +pIanned_ structures Floor plans present proposed elevations (HDC approved ?_) Listings lot area frontage setbacks GCR parking data Assessor- certifie3 addressee Ii t 4 sets -ma�l ni g labels 2 sets 5200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, sk To, jiffor-mation sea Bldg Comr s record to BOA.) 1 1.8 i tify that th requeste submitted is substantially complete and true o th ,bey knowledge, under the pains and penalties - -o-f per' y. Applicant Attorney /agent SIGNATURE: 'L pp 3(If not own /r or owner's attorney, enclose proof of authority) BOARD OF APPEALS APPLICATION PHILLIPS RENTAL ASSOCIATES, ELIZABETH AND PHILLIPS, GENERAL PARTNER AND EQUITABLE OWNER Applicant seeks relief by VARIANCE pursuant to 139 -32A, from the intensity regulations of 139 -16 for a lot created by a plan endorsed ANR by the Planning Board on January 26, 1981 and recorded June 29, 1981. The lot is non - conforming as regards area and frontage and contains a pre- existing non - conforming single - family dwelling, which building has existed since prior to 1955. The structure is non - conforming as regards setbacks and cover. The lot has been in separate ownership since January 18, 1982, and has been held by the present owner since September 21, 1983. Therefore, the lot is covered by the provisions of M.G.L. c. 40A, §7 regarding alleged zoning violations which exist for more than ten years. If relief is granted, the existing lot will be cured of the technical zoning violation which may have occurred when the property, on which two or more buildings were standing in 1955, was divided, as a matter of right pursuant to the Subdivision Control Law, into separate lots on each of which one of such buildings remains outstanding. The Application reserves for itself and its successors any and all rights which it may have relative to the use or disposition of the property, notwithstanding the requested relief, and this Application shall not be construed as an abandonment waiver or prejudice of such rights, privileges or entitlements. SCHEDULE A BOARD OF APPEALS APPLICATION PHILLIPS RENTAL ASSOCIATES, ELIZABETH AND PHILLIPS, GENERAL PARTNER AND EQUITABLE OWNER ALLOWED/ REQUIRED ACTUAL Lot Area: 5,000 2,345 Frontage: 50 None (12' Easement) Setbacks: 5' side /rear Minimal Ground Cover: 703.5/30% 984/42% Parking: 1 1