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Home My WebLink About051-94b 5/ - TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: July 25 , 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.: Owner/Applicant: 051-94 DONALDA A. POWERS 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. n,�4 Z3::� -Waive Chairman cc: Town Clerk Planning Board Building Commissioner ADDENDUM Applicant seeks Variance Relief pursuant to Section 139-32A from Section 139-16A, Intensity Regulations, to validate the existing structures now situate on the Lot which have a total ground cover ration of 5.35% in a zone with permitted ground cover of 4%. The Lot as shown at Plan Book 16, Page 38 was created in 1964 and shows the existing structures and one additional structure which has since been removed. The Lot was held in the joint names of a husband and wife from 1964 until 1973 when the wife died. The Lot and abutting property owned in the name of Frank H. Powers may have technically merged under zoning. In 1985, the Lot was deeded into the joint names of Frank H. Powers and Donalda A. Powers. Frank H. Powers died in 1985. There is a settlement agreement filed in the Nantucket Probate Court by the heirs of Frank H. Powers pertaining to his property interests. Donalda Powers is in the process of selling the property and the zoning issue was raised when a mortgage plot plan was prepared on behalf of the buyers. The Board may find that owing to circumstances relating to the shape or topography of such land and 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 the Zoning Bylaw would involve substantial hardship, financial or otherwise to the Applicant. 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 such bylaw. C B0A3� °r xAxT��vrm tort -OnxTY $DILDIIZ boh x o�1a O2554 TC�Np,NTOCKETr �' _.T.a tN S EST v PTY OWIIER' aA �� PROPS CART :FOR RELIEF (SAS X ) DNS APPL-If� l� OF PROPERTY : ADDRESS. _ CEL:�` ATTA SESSOR' S. �'P PAR ISG ADDRESSES* (OR SEE AS Pp,RTIES IHCLUD LIST 'OF l i sts attached of abutting foregoing (°Who are °te on any �s�and certifyana ural oxa dr ct1y opposite the t �f the Y �ersons•l: . ers S. of lan and abut hundred fee d their alopertY °Street or Va thin three as they (anable tax list or Prj'V ere1and o pWner I s proper event applic Code Chaothpter 139 propertY appear on SeGton ll and Zoning ader M G'.L• c"D 2)� , Spect %, 139-2,9.D( 'or- Town of antuc sses th the lc e V 3- D tem er) shouldninco,=on1Ye Zon�r :.APPl�ed 3.11 Cant relief t beco etlnvo abutter- OsWhich zon which mlgh for eac fora33uttr 5,15 swap and parcels matte ,Y ��L�Y .-A �`f \ {� NYX ..?-.♦h`4GSC� ,� l' r/Y Jy, �Y*.. , J�.� �, ��?v r:: � �7 �rrr •I �Wt Yy Y� � r ➢ , ,. � F'- r a ^ � Mr7'a Y+ � Yd • r n.Y .'1'.,E ��.. �}�. c ,'' ,� z d .r ✓,;' N•j'y �a� ' �' r� '�'4 r V y 1. w ._ f "%"r�' d,f 4'.y rlst'1`'4",� i • L qT K , f.zRAN'K H: QOWWI ERS qulsus-r AP, iq 464 *cALE t dlea l A' F SEP - <llgfd yH u M MO c K P 10't-4.0 p oA ) mue►�.rc�' dNp POST a I A M CA 1.8 AcQEs ' wAL 40 ` Q N > y A J i .N SEP 221%4 9• .m1'` a RECE'iVEp ANa £Nt'ER�CF rllfiil 4 39;4NTUCK�t. COUNf� DEE09� BOOa OF C.6 A4 Ni1MMOC1t. /e.0 (x 5.1%,1 u 0 0 N M ROAD Z5c.00 r t oew I l M1 �` 5 CnJCkC'C RFTA.NC,N♦ �i,1 1 1 I I�6A4A4c�) LOY Ifs-'�C� •.. I nJ� FRANK A. 9"Fr,S �p- KAQEN A pOwEA.S �ND76 - E*ISTIN4 HUIlD/NIrS' GX4{TCG o£'.'FCVIP Akbs000ic£Ih PA6C 39, DX -MP A06 20,1964, CURRENT ZONING MAP: LUG - 7-j MINIMUM LOT SIZE: sc c*— s.k. MINIMUM FRONTAGE: !sc 9- i FRONTYARD SETBACK, 35 Fr. SIDE AND REAR SETBACK: s ALLOwARLE G.C.R.: f V. EXISTING C.C.R.: 5. :5 ire NoTc PROPERTY LINES SRO" ARE TAKEN aROM RECORDED DCCD AND PLAN nft= TO HGR6Dr4 OV44W400, MONVMCHV• ETC, ARE PLOTTED FROM FIELD MEASUREMENTS, I N6REBY =TIFY TO THE BEST OF Mi KNOWLEDGE THAI INC PRQMISES SHOWN ON THIS " ARE LOCUN pini -tINM TEO -MAF' OF ~Ory 1'0- THE * r- ZONEAS PTED Z30ZW MASS. EfFECIM: 4-3-$6 8Y THE FERAL EMERGENCY MANAGEMENT AGENCY. RICHARD K. tt EARLS vm MORTGAGE INSPECTION PLAN IN NANTUCKET, MASSACHUSETTS SCALE: I "= 40 QATF_ 5/3194 PREPARED FOR: FQAr"15 \./• R MARY C. P4•^s a NANTUCKCT SURVEYORS INC 5 WINDY WAY NANTUCKET, MA. 025pw 054 s` +w DEEP REFERENCE:p*.enrs « 2s"-ooyrl.A PLAN REFERENCE' Pt RX 1G AMsSOR'S MAP., 45 PCL. +3 N-+341 7wd"' C ATTORNEY AT LAW 4 BARTLETT ROAD P.O. BOX 2567 NANTUCKET, MASSACHUSETTS 02584 FAX (5081228-7526 IN HAND June 7, 1994 Ms. Rebecca J. Lohmann, Town Clerk Town and County Building Broad Street Nantucket, MA 02554 RE: Application to the Board of Appeals Applicant:: Donalda A. Powers Property: 166 Hummock Pond Road Dear Ms. Lohmann: TELEPHONE [5081226-7525 Please certify the date and time of filing the attached Board of Appeals Application on the enclosed copy of this letter. Thank you for your assistance. Very truly yours, Received and entered: Rebecca J. Lohmann, Town Clerk RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 JUN 07 1994 TIME: CLERK:�"`"- 7Z4. cw (94-f ATTORNEY AT LAW 4 BARTLETT ROAD P.O. BOX 2567 NANTUCKET, MASSACHUSETTS 02584 FAX 1508] 228-7526 IN HAND June 7, 1994 Mr. Dale Waine, Chairman Board of Appeals 10 South Beach Street Nantucket, MA 02554 RE: Application of: Property: Map: 65 Dear Mr. Waine: Donalda A. Powers 166 Hummock Pond Road Parcel: 013 Enclosed for filing, please find the following: 1. Application plus three (3) copies; 2. Certified Abutter's List plus three(3) copies; 3. Four (4) copies of a Mortgage Plot Plan; 4. Four (4) copies of Plan Book 16, Page 38; 5. Two (2) sets of mailing labels; and 6. Check in the amount of $200.00. Please schedule this matter for hearing on July 8, 1994. Very truly yours, J ie AF/dms enc. (6) CC' Mrs. Donalda A. Powers TELEPHONE [508122B-7525 BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS JuneDate 1994 TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 i CABS No. -_ APPLICATION FOR RELIEF Owner's name(s): Donalda A. Powers 570 Bush Street Mailing address: sanIt Ste- Marie Ontarin Applicant's name: same Mailing address: sAme� 1V Location of lot: Assessor's map and parcel number 65 - 013 Street address: 166 Hummock Pond Road Registry Land Ct Plan, Plan Bk & Pg, or Plan File ��_ Lot Date'lot acq uired: 8 19 85 Deed Ref 23¢ 48 Zoning district LUG II Uses'on{lot- commercial• None _ or "reps holo- ' MCD?_ f — — --- -- - number of: dwellings 1 duplex_ apartments_ `rental rooms_ Building date(s): all pre -8/72? y,or C of: 0?_ Building Permit appl'n. Nos. CaselNos. all BoA applications, lawsuits: NONE State filly all zoni`nq 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 139-32AIX if Variance, 139-30A if a Special Permit (and 139-33A if'to aalter or extend a noncono�ming use). If appeal per 139-3�A & B attach decision or order Appealed.' K to a tach addendum . f See Addendum attached hereto. �.I Items enclosed as part of this Application: order_ addendum2 X Locus map_ Site plan X showing present X`+planned structures Floor plans present proposed_' elevations (HDC approved?_) Listings lot area�7rontage X setbacks X'GCR X parking data Assessor -certified addressee ist 4 sets_ ma�ling'labels 2'sets X I200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to send B1dg,Comr s record t 11 "o'BoA.) I certify that the requested infpprmatign submitted is substantially complete and true to the best of my,knowledge, underjthe pains.and penalties of pe jury. 1 r SIGNATURE: Applicant,. Attorney/agent X 3(If not o ner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies recd: 4_ or for BoA on_Jby r One copy filed with Town Clerk on-__/__/_ by complete?_ One copy each to Planning Bd and Building Dept _J_/_ by e � $200 fee check given Town Treasurer on_/_/_ by waived?_ Hearing) notice posted_/_/_ mailed_/_ I & 's Y Hearings) ons__ cont'd tom_/_, __j�_ withdrawn?_/_/_ Decision due bye_/_ made_/_ filed TC,_/_/ mailed��_ See',rel'ated cases lawsuits other � I ADDENDUM Applicant seeks Variance Relief pursuant to Section 139-32A from Section 139-16A, Intensity Regulations, to validate the existing structures now situate on the Lot which have a total ground cover ration of 5.35% in a zone with permitted ground cover of 4%. The Lot as shown at Plan Book 16, Page 38 was created in 1964 and shows the existing structures and one additional structure which has since been removed. The Lot was held in the joint names of a husband and wife from 1964 until 1973 when the wife died. The Lot and abutting property owned in the name of Frank H. Powers may have technically merged under zoning. In 1985, the Lot was deeded into the joint names of Frank H. Powers and Donalda A. Powers. Frank H. Powers died in 1985. There is a settlement agreement filed in the Nantucket Probate Court by the heirs of Frank H. Powers pertaining to his property interests. Donalda Powers is in the process of selling the property and the zoning issue was raised when a mortgage plot plan was prepared on behalf of the buyers. The Board may find that owing to circumstances relating to the shape or topography of such land and 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 the Zoning Bylaw would involve substantial hardship, financial or otherwise to the Applicant. 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 such bylaw. boh orra @ v NANTUCKET ZONING BOARD OF]7A,TOYN AND COUNTY BUILDNANTUCKET, MA 0255ASSESSOR'S LIST OF PARTIES IEST PROPERTY OWNER: 1�0 N APPLICANT FOR RELIEF (SAME? )� ADDRESS- OF _PROPERTY: ASSESSOR'S MAP - PARCEL: LIST `OF PARTIES INCLUDING ADDRESSES*(OR SEE ATTACHED J 'X certify that the foregoing (or the attached ) lists all natural or legal, who are owners of abutting property., 'owners of 7 land directly opp osite on any public or private': `sne or way, and abutters of the abutters and all other land owners within epee hundred (and their eet of e property line of Owneris property, y ear on the most recent applicable tax tert139, address) app Code Chap (per:M.G*.L. c.AAA, Section 11 and Zoning Section 139-29D(2)]. �v^'t •��— sses or Town of Nantuc et Date�� C *NOTE: Applicant (petitioner) should include with the lot for which zoningrelief is sought, any commonly -owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. PWS -1 �L(Y\MoLk Pei 4tA-b ' (05 -613 13.1 1 L4 I� a8 38 3g.1-2- 3e Z3e . 1 `3 06/06/94 TOWN OF NANTUCKET 10:34:08 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 0065 00131 POWERS FRANK H JR KAREN A & J 0167 HUMMOCK POND RD 0160 HUMMOCK POND RD NANTUCKET MA 02554 0065 0028 GARDNER MARY P 0159 HUMMOCK POND RD 0159 HUMMOCK POND RD NANTUCKET MA 02554 0065 0038 GARDNER HELEN L & MARY P 0171 HUMMOCK POND RD 0171 HUMMOCK POND RD NANTUCKET MA 02554 0065 0036 POWERS FRANK H JR & KAREN ALEN 0167 HUMMOCK POND RD 0167 HUMMOCK POND RD NANTUCKET MA 02554 0065 0001 GARDNER RICHARD M ETAL BOX 1155 0165 HUMMOCK POND RD NANTUCKET MA 02554 0065 0025 *GARDNER HELEN P LIFE EST 0181 HUMMOCK POND RD 0065 0071 HUMMOCK POND OF NANTUCKET 1099 EAST AVE #5 0180 HUMMOCK POND RD C/O GORRONDONA CHARLES J ROCHESTER NY 14607 NUMBER OF RECORDS = 7 PAGE 1 MUAS750 8.1 . noyFh. +�vs ��` 2..i" Yrs �t 'ls u � ;: + `^w�fv � �i �r•n y�.w�{�•L { YY •� r) •T `� �� f 41L AN 'pita." ::F {r fi• '"4R k• 47i „} � a � , � 2rr•. ;! ,gvtSV3T Ao, 1964 $GALE 1.1 , If `�� t:JaS'IA'F . 5- �iAtf`['T �N�R•*" ?"�. , HUMMOCK ?"O_N0 ROA, < CPvauc). GO POST - Q .. �O 90„ 3 w AmcA 1•$40 /a4�Fs j IL t N An,'+ � l • L 4 t A fY�l1Y � 41T EQUII��t1 , u ;V, � r 4 3 i F -RANK H POWO $ SEP 22 1964 9• tO-A� •; �►x 1 RECCWEp AIV�.fNTEREC� WfT14 j ` NANTUCKET. COUNTY DEE09' g00 -K of. 'r F Q!aP i ,t I' '�'6 A..O I r� I HUMML-W9 PoN0 0.0 c„o +'ix•jQf Ntn F. i Lo , ARIrA - 430,40e=S.4r. BOAC V9L1: 40' W10C) e Ind+. Ita.t Z5tl.OP 'I r I I ♦IIN Oe •��` 1 STY I r 1 W. C, C. CAJ._kC'C 5 l RRIAtN4-4 \ N In Ijf � hA 44GC �II`j Ij Njr FRANK A. 9"EP$ Jz KAQErt A PowCas �.s• r3•r NOTE � 91:1STIN(i %UtLGltJCr S' GKCGCO A LLowg8V6 G.��r No iFvett Bvtt-01n6s APPEAR oN aEE gp PLAN OV01C fl,. CURRENT ZONING MAP: LUG- L MINIMUM LOT SIZE: $o,Poo S.ir. MINIMUM FRONTAGE: Iso 4T I FRONTYARD SETBACK: 3s Fr. SIDE AND REAR SETBACK: 15 ALLOWABLE G.C.R.: *'/. 11 EXISTING G.C.R,: 5„5 ,"i # SEE NoTc PROPERTY LINES SkQ" ARE TAKEN O.ROM RECORDED Df -to AND PLAN W990TO tcR6aN. Ovvow;w, M6NVML7VT0. ETC. ARE PLOTTED FR01t FIELD MEASUREMENTS, 1 HEREBY CERTIFY TO THE BEST OF M� KNOW.9)GE THAT THE PRPASES SHC' ON THIS ARE LOCATED NATtMN THE ' G ZONE AS DELINEATED Iry Int: -t%KM- MN% VF GVMMvnITY NO. ZZ0Zao; MASS. EFFECTIit 6-3-44 SY THE FfbERAL EMERGENCY MANAGEMENT AGENCY. MORTGAGE INSPECTION PLAN IN NANTUCKET, MASSACHUSETTS SCALE, f" 40 nATF- 5/3/94 PREPARED FOR: FAA"JS W. R M4RY G. Pc.,s tz NANTUCKET SURVEYORS INC. 5 "HUY WAY NANTUCKET, MA. 02554 w tw 'Z I, os �* DEED REIFER£NCE: P*&eA x « 2sP-onion• PLAN RC ERENCE-.Pr- au it. Pio. 38 AMSSOR'S MAP: 45 PCL. 13 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: July 25 , 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.: 053-94 Owner/App licant• RHODA H. WEINMAN, TRUSTEE, AUGUSTUS SHANNON REALTY TRUST 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. n — Wa1rfe Z.`hairman cc: Town Clerk Planning Board Building Commissioner (053-94) -2- and intent of the Zoning By -Law, subject to the following conditions: a. The 1,296±SF structure will be used for the storage of household and/or small business related items; b. There will be no hazardous materials stored on the site; C. The lot will meet the 20% green space requirements; d. Applicant will provide two (2) conforming parking spaces though one (1) is required under the By -Law; and e. Applicant will meet all loading zone requirements. Dated: I Dale W. Waine Linda F. Williams AW '-&14 Ann Bala d' Michael 0' ara W11 - P tre William 'T,. Hourihan1 J:1 RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 J U L 25 1994 TIME: CLERK: -- I 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, July 8, 1994, the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: RHODA H. WEINMAN, TRUSTEE, AUGUSTUS SHANNON REALTY TRUST Board of Appeals File No. 053-94 Applicant seeks relief by Special permit under Nantucket Zoning By -Law §139-9B(2)(b), storage and warehousing. The premises is located at 17 BOYNTON LANE, lot D, Assessor's Map 67, parcel 14.7, as shown Plan Book 25, page C. The premises is zoned Residential Commercial -2. Acs 1 -9 Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228-7215. BOA Form 1-89 NANTUCKET ZONING BOAF.J of APPEALS ---da t TOWN AND COUNTY BUILDING NANTUCKET, KA 02554 CASE NO - APPLICATION FOR RELIEF Owner's name(s): Rhoda H. Weinman, Trustee, Augustus Shannon Realty Trust Mailing address: P O. Box 9541 Nantucket MA 02554 Applicant's name: same Mailing address: same 67 - 14.7 Location of lot: Assessor's map and parcel number 17 Bo nton Lane, Nantucket, MA Street address: Lot D, 1' fans 25, Page Lot Book of V (plan to be recorded Registry Land Ct Plan, Plan Bk & Pg o'" Plan Fi e 53 Zoning district Date lot acquired: �� 93 Deed Ref 43�/_ MCD'_ [k Uses on lot - commercial:' 1i90cX2Lcx mmr 1X rental rooms— Building number of: dwellings_ duplex_ apartments_ � ` n/a C of o?_ Building date(s): all pre -8/72• or Building Permit app 1'n. Nos. n a Case Nos. all BOA applications, lawsuits: n/a you propose compared to present State fully all zoning relief sought and respective Code sections and subsections, specifically what y P P per Section and what grounds you urge for BOA to make each SpecialPermitand 139-33A 139-32A if Variance, 139-30A if a Spse) If appeal per 139-31A if to alter or extend a nonconformlealed. OK to attach addendum2. y g , attach decision or order app Applicant is seeking Special Permit relief under Section 139-30A of Law. Special Permit relief is also sought under B the Nantucket Zoning y- ed necessary, under Section Section 139-9 B(2)(b) and, to the extent deem, allowed to use this 139-20C. If relief is granted, Applicant will be and warehousing and will be allowed to have the property for storage loading zone within the setbacks. Items enclosed as part of this Application: orderl addendum2+ lanned structures Locus map x Site plan x showing present P HDC approved?_) Floor plans present proposed— elevations ( in data W I Listings lot area frontage setbacks_ GCR parking x mali'ng labels 2 sets X U V) Assessor -certifier addressee List 4 sets ,ca covenant_ I 51CV 200 fee payable to Town of Nantucket proof P (If an appeal, ask Town Clerk to sena Bldg Comr ss record to BoA-) O ,Z I certify tA d information submitunderted sthebpainslandy >. Y o� complete anst of my knowledge, penalties oLJJ1i W�SIGNATURE:plicant Attorney/agent x L UUroof of authority)3(If not oattorney, enclose p j An/am, W Z FOR BoA OFFICE USE C/yO Z _Z Application copies rec d: 4 �or_ for BOA on � by p - complete?� One copy filed with Town Clerk on� �lby 7� b One copy each to Planning Bd and Building Dept y waived?_ $200 fee check given Town Treasurer,,,on�� bywaived? Hearing notice poste �f mailed�� I & Ag—/2" -G- withdrawn?__/--/— Hearing(s) on__/__/_ cont'd to_j—/._, --I--J— Decision -I--J_Decision due by__/--/_ made__/ --J_ filed TC_j_/_ mailed__/--/_ See related cases lawsuits other . • _ ` s • _ - T �b 7l a� a •_ S r n N • bJr _ n _ `i • f L' � f ArM f �'s ^ Q 1 f Cc> INnI ~ P Z _ O } I1 • N n • N O p T, d 3H\d � « r o s • Y MN 1♦ � • � N� Y . • A S {V //rte ^ M N N odoa 3ai SdbAS a t• « .n it • ai O •j « n <i • �~tt a� •i� i I . .- •r � yN ♦ .� �t - M r N w ,h ^ � • 4 �'• $16 0 d �m 1n0oo -too - M ,� In to N P o � - ! b