HomeMy WebLinkAbout15-17 6 Marcus Way 07.
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TOWN OF NANTUCKET 9 r.
BOARD OF APPEALS
NANTUCKET, MA 02554 w
APPLICATION
7 Fee: $450.00 File No./� /
Owner's name(s): Michael L. Stone and Susan A. Stone
Mailing address: 61 Anthony Boulevarde, Lincoln Park,NJ 07035
Phone Number: 508-228-0771 E-Mail:John @gliddenandglidden.com
Applicant's name(s): Same
Mailing Address:
Phone Number: 508-228-0771 E-Mail:John @gliddenandglidden.com
Locus Address: 6 Marcus Way Assessor's Map/Parcel: 91 /9.1
Land Court Plan/Plan Book&Pagc/Plan File: Lot 963, LC Plan No. 5004-76
Deed Rcfcrcncc/Certificate of Title: 24801 Zoning District: LUG-3
Uses on Lot- Commercial: No Yes (describe)
Residential: Number of dwellings: 1 Duplex Apartments
Date of Structure(s):
Building Permit Numbers:
Previous Zoning Board Application Numbers: 044-00
State below or attach a separate addendum of specific special permits or variance relief
applying for:
SEE EXHBIT A
I certify that the information contained herein is substantially complete and true to the
best of my knowledge,under the pains and penalties of perjury.
SIGNATURE: Owner*
SIGNATURE:
Applicant/' eney/Agent*
*If an Attorney or other Agent is representing the Owner or the Applicant,please provide
a signed proof of agency.
OFFICE USE ONLY
Application received on: /_/_By: Complete: Need Copies:
Filed with Town Clerk:_/_/_Planning Board:_/_/_Building Dept.:_/_/_By:
Fee deposited with Town Treasurer:_/_/_By: Waiver requested:
Granted:_/_/_Hearing notice posted with Town Clerk:_/_/_
I&M_/_/_&_/_/_Hearing(s) held on: /_/_Opened on
Continued to:_/_/_Withdrawn:_/_/_Decision Due By:_/_/_
Made:_/_/_Filed w/Town Clerk:_/_/_Mailed:_/_/_
Exhibit A
The Owners/Applicants, Michael L. Stone and Susan A. Stone (hereinafter
referred to as "Stone") are the owners of 6 Marcus Way("the Premises")by virtue of
Certificate of Title No. 24801. Applicants are requesting a modification to the Variance
granted in ZBA File No. 044-00 and registered as Document No. 88849 to eliminate
condition(b) of said Variance so as to allow Lots A and B of the Premises on the plan
attached hereto as Exhibit C to be held in separate ownership. In the alternative,the
Applicants are requesting Variance relief pursuant to Section 139-32 from the intensity
regulations in Section 139-16 of the minimum lot area to confirm Lots A and B as two
separately marketable and buildable lots.
The Premises, a conforming lot in the Limited Use General—3 zoning district is
improved with a primary dwelling and the foundation of a secondary dwelling. The
Premises,which is shown as Lot 963 on Land Court Plan No. 5004-76, is bisected by
Coffin Road. Coffin Road was unconstructed in 1988, when Plan No. 5004-76 was filed.
Said plan is attached hereto as Exhibit D. After the preparation of said plan, Coffin Road
was duly constructed to be an access road for the Wright's Landing subdivision(note: the
owner of the parcel of land which was later developed into the Wright's Landing
subdivision had the benefit of an easement to use and improve Coffin Road).
The Applicants had applied to the Board of Appeals in 2000 for a determination
relative to the status of these two lots. The issue being that the definition of"Lot"
assumes land not separated or divided by a street and after the development of the
subdivision, Coffin Road may have divided the Premises into two unbuildable lots.
During the discussion with the Applicants,the Zoning Board of Appeals granted
Variance relief to Portion A and Portion B on the exhibit plan to Decision No. 044-00.
Said Variance relief further stipulated relief upon the following conditions:
a. Each of Portion A and Portion B shall be limited to one dwelling,
which shall contain a single dwelling unit;
b. Portion A and Portion B shall be held in common ownership with each
other;
c. The total ground cover upon Lot 963 (including Portion A,Portion B,
and the portion of Lot 963 which lies within Coffin Road) shall not
exceed the 3%maximum applicable in the Limited Use General—3
zoning districted, computed upon the basis of the total lot area of Lot
963
A copy of said decision is attached hereto as Exhibit B.
The matter before the Zoning Board of Appeals in this application is a request to
modify Decision No. 044-00 to strike condition"b"of said decision or, in the alternative,
grant Variance relief pursuant to Nantucket Zoning Bylaw Section 139-32 from the
intensity regulations of Section 139-16 to validate each lot as separately marketable and
buildable because upon the improvement of Coffin Road by the Wright's Landing
subdivision,the Town of Nantucket implicitly created two pre-existing nonconforming
lots pursuant to Section 139-33.L. of the Nantucket Zoning Bylaw. Said section reads:
"If as a result of acquisition of property by the Commonwealth or any instrumentality
thereof, including the Town of Nantucket,the County of Nantucket,the Nantucket
Islands Land Bank(whether such acquisition is by eminent domain,gift,or deed for a
public purpose for which property could be taken by eminent domain), a use,building,
structure, lot,parking space, loading bay, landscaping or any other feature or attribute of
property,no longer complies with this chapter,then,provided that such property and its
use complied with this chapter or was legally nonconforming under this chapter prior to
such acquisition,the portion, features,attributes and uses of the property remaining after
such public acquisition shall be deemed to be legally nonconforming under this chapter."
In this instance, since the Planning Board blessed the use of Coffin Road as the
access for the Wright's Landing subdivision and requested that the paper street be
improved as to create a legal street or way,the Planning Board unintentionally created
these undersized lots because under the definition of lot, upon the improvement of Coffin
Road, Lots A and B on the attached Exhibit C became separate "lots."
Therefore,the Applicants are requesting a modification to the Variance granted in
ZBA Decision No. 044-00 and registered as Document No. 88849 to eliminate condition
(b) of said Variance so as to allow Portions A and B in said Decision to be held in
separate ownership. In the alternative,the Applicants are requesting Variance relief
pursuant to Section 139-32 from the intensity regulations in Section 139-16 of the
minimum lot area to confirm Lots A and B on the attached Exhibit C as two separately
marketable and buildable lots. In this instance, Variance relief may be available because
in this unique situation, owing to the circumstances of this property(i.e.,that the two
"lots"were unintentionally created by the improvements of Coffin Road of the Wright's
Landing subdivision) a literal enforcement of this chapter would involve substantial
hardship to the Applicants because the Applicants are trying to get a mortgage to finish
the construction of the partially completed dwelling and need to have the lots in separate
ownership for the purposes of such mortgage. Furthermore, granting said Variance relief
would not nullify or substantially derogate from the intent and purpose of the Zoning
Bylaw.
NANTUCKET ZONING BOARD OF APPEALS
37 Washington Street
Nantucket, Massachusetts 02554
Assessor' s Map 91, Parcel 9 . 1 Land Court Plan 5004-76
6 Marcus Way, Tom Nevers Lot 963
Limited Use General-3 Certificate of Title No. 17631
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, June 9, 2000, at 1 :00 P.M. , in the Conference
Room, in the Town Annex Building, 37 Washington Street,
Nantucket, Massachusetts, the Board made the following �tecisi°an
on the application of MICHAEL L. STONE and KAREN E. STONE, c/o
Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Massachusetts 02584, File No. 044-00 :
2 . The applicants are seeking relief by VARIANCE to confirm
the status of their land, shown on Land Court Plan 5004-76 as a
single lot, Lot No. 963, traversed by an easement for "Coffin
Road" , which was unconstructed at the time of the preparation of
Plan No. 5004-76 in 1988 . Subsequent to the preparation of that
plan, Coffin Road was constructed as an access road to a
subdivision of nearby land by an owner having the benefit of the
easement to use and improve Coffin Road. The definition of "Lot"
in Nantucket Zoning By-law §139-2 is, in relevant part, " [a]
tract of land in common ownership . . . not divided by a street
" If the effect of the construction of Coffin Road were
deemed to be the division of Lot 963 into two separate lots for
zoning purposes, each would be undersized and, since created
subsequent to the adoption of zoning requirements, neither would
qualify as a building lot. Accordingly, the applicants seek in
the alternative (a) a VARIANCE from the definition of "Lot" to
confirm the status of Coffin Road as a valid building lot
notwithstanding its being traversed by Coffin Road, (b) a
VARIANCE from the minimum lot area requirement of 120, 000 square
feet in the Limited Use General-3 zoning district to confirm the
status of each of the two portions of Lot 963 , separated from
each other by Coffin Road, as a separate building lot, or (c) a
determination that Lot. 963 constitutes a single building lot for
zoning purposes and is not affected in this regard by the
construction of Coffin Road. The subject property is situated at
6 MARCUS WAY, TOM NEVERS, Assessor' s Mar 91, Parcel 9 . 1, is shown
on Land Court Plan 5004-76 as Lot 963 , and is zoned as Limited
Use General-3 .
3 . Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. The Planning Board
recommendation was favorable to the granting of variance relief
from lot area requirements (alternative [b] above) , subject to
certain conditions, and unfavorable to relief under the other two
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089849
alternatives . One neighbor appeared in person in support of the
application; otherwise, there was no support ' nor opposition
presented in person, in writing or through representatives at the
public hearing.
4 . As presented by the applicants and their representative,
the applicants, brother and sister, purchased Lot 963 as a vacant
lot in 1996 with the expectation of building two dwellings, a
principal dwelling and a secondary dwelling, so that each could
independently use or occupy the property at the same time. At
that time, the Certificate of Title and plan for Lot 963
reflected the fact that Coffin Road traversed Lot 963 as an
easement, but it had never been constructed. Subsequently, the
owner of neighboring property having easement rights in Coffin
Road subdivided its property, the "Wright 's Landing" subdivision,
using Coffin Road as the access road, and Coffin Road has now
been constructed and improved in accordance with requirements
imposed by the Planning Board in connection with subdivision
approval . The applicants later had plans prepared for the two
dwellings which they proposed to place upon Lot 963, one to the
west of Coffin Road and having its access from Coffin Road, and
the other to the east of Coffin Road and having its access from
Marcus Way, which fronts Lot 863 to the east and which was
improved in connection with subdivision of the land of which Lot
963 was a part . Upon filing an application for secondary
dwelling approval with the Planning Board under Nantucket Zoning
By-law §139-7 .A(2) (g) , the Planning Board raised the issue of the
status of Lot 963 as a building lot under applicable zoning
requirements in the light of its bisection by Coffin Road, by
then a constructed roadway. After several continuances, and
consultation with Town Counsel, the Planning Board approved the
construction of the secondary dwelling upon Lot 963 on April 6,
2000, in accordance with the plan endorsed by the Planning
Board' s Chairman on that date, a reduced copy of which is
attached hereto as Exhibit A, on the basis that each proposed
dwelling had adequate access, and that the zoning status of Lot
963 as a building lot was not within the purview of the Planning
Board in the context of secondary dwelling approval. Thereafter,
the applicants filed the present application before the Board of
Appeals, to determine the status of Lot 963 and seek any
necessary relief to enable it to be used for the construction of
two dwellings .
5 . The subject application presents the anomalous condition
of a lot created subsequent to the adoption of the Zoning By-law
by a plan duly endorsed by the Planning Board under the
Subdivision Control Law and filed with the Land Court, and
ostensibly conforming with all dimensional requirements of the
Zoning By-law to constitute a building lot, being split into two
lots for zoning purposes by the improvement of a "paper street"
which had at all times traversed the lot, but which did not
constitute a "street" within the meaning of the By-law, and thus
did not split the lot, until its subsequent improvement as an
access road for the subdivision of the land of another. As shown
2
i 1
089849
upon a plan filed with the Board of Appeals in this case, by
Blackwell & Associates, Inc. , dated May 5, 2000, a reduced copy
of which is attached hereto as Exhibit B, the total area of Lot
963 is 120, 073± square feet; "Portion A" , to the west of Coffin
Road, contains 34,444± square feet; "Portion B" , to the east of
Coffin Road, contains 74, 445± square feet; and the remainder of
the lot area of Lot 963 is accounted for by the portion lying
within Coffin Road. Since each of Portion A and Portion B must
now be considered by reason of the zoning definition of "Lot" in
§139-2, as set forth above, as a separate lot from the balance of
Lot 963 , and each is undersized, .neither constitutes a separate
building lot in the absence of variance relief from the Board of
Appeals. Nevertheless, Lot 963 continues to be shown as a single
lot upon. Land Court Plan 5004-76, and no portion of Lot 963 can
be conveyed separately unless and until a new plan showing such
portion as a separate lot is endorsed by the Planning Board under
the Subdivision Control Law and accepted for filing with the Land
Court.
6 . As to the various alternatives for relief presented by
the applicants in their application, the first was a request for
variance relief from the definition of "Lot" with respect to the
portion which prevents a "Lot" from containing land separated
from the rest of the "Lot" by a "Street" , in the light of the
fact that Coffin Road was arguably not a "Street" when the
applicants purchased Lot 963, but unquestionably became one upon
its improvement pursuant to the conditions of subdivision
approval of the Wright ' s Landing subdivision, over which the
applicants had no control. The Planning Board recommended
against granting variance relief from a definitional matter as a
matter of policy, and in the light of the availability of
alternative relief the applicants did not further pursue this
request at the public hearing. The third alternative relief
requested was a determination that Lot 963 would continue to
constitute a valid building lot notwithstanding the approval of
the Wright ' s Landing subdivision and improvement of Coffin Road
pursuant thereto; the Planning Board also recommended against
this option and it was not pursued by the applicants . The
Planning Board, however, recommended in favor of the granting by
the Board of Appeals of a variance from lot area for each of the
two "lots" shown as Portion A and Portion B on the plan attached
as Exhibit B, to confirm the status of each as a buildable lot
with respect to zoning requirements, subject to the conditions
that each "lot" would be restricted to one dwelling unit, and
that the two "lots" would be held in common ownership.
7 . After consideration of the unusual circumstances of this
case and the fact that the buildable status of Lot 963 was
impaired by a change in circumstances after the applicants
purchased it and over which they had no control, the Board of
Appeals, by UNANIMOUS vote, made the finding that owing to
circumstances relating to the shape and topography of Lot 963 (in
that it is affected by the constructed roadway which bisects it
3
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•
089849
and gives it the appearance and zoning status of two lots) , and
especially affecting Lot 963 and not generally affecting other
land in the Limited Use General-3 zoning district, a literal
enforcement of the provisions of the Zoning By-law would involve
substantial financial hardship to the applicants (in that Lot
963, as a parcel consisting of two unbuildable lots, would have
virtually no economic value) , and that 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 (in that variance relief, as conditioned
herein, will result in no greater intensity of use of Lot 963
than would have been the case if it had not been effectively
divided into two "lots" for zoning purposes by the improvement of
Coffin Road) , and GRANTED relief by VARIANCE from the minimum lot
area requirement contained in By-law §139-16, so that each of
Portion A and Portion B, as shown upon Exhibit B, will constitute
a valid building lot with respect to zoning issues, subject to
the following conditions:
(a) Each of Portion A and Portion B shall be limited
to one dwelling, which shall contain a single dwelling unit;
(b) Portion A and Portion B shall be held in common
ownership with each other;
(c) The total ground cover upon Lot 963 (including
Portion A, Portion B, and the portion of Lot 963 which lies
within Coffin Road) shall not exceed the 3% maximum applicable in
the Limited Use General-3 zoning district, computed upon the
basis of the total lot area of Lot 963 .
Dated: June o'* , 2000
lliam P. Houriho , Jr.
RECEIVED .• ik A. / A -A A 4AA-A,
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
I
•
JUN 2 3 Z000 Mic 1 J. O'Mara
TIME:
CLERK: )'�L Cct4.1,4 N c J. S e(v
/ -
D. Ne. • aro I:
F:\uP\ST0NE\Michael\D6DOZBA DEC.dOC
I C:ER1IFY THAT 20 DAYS HAVEELAPOD AFTER
THE DECISION WAS FILEDINT EOFFIC EOFTHE
TOWN CORK,AND TILT NO APPEAL HAS BEEN
MO, • • '' • TO ORAL LAWS 40A,SECTION 11
dir
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Form LCE-S-3.3m-6438
Town and County of Nantucket, MA May 11, 2017
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Property Information
Property 919.1
Yfr
ID
Location 6 MARCUS WY w
Owner STONE MICHAEL L ETAL \ '401,411
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town and County of Nantucket, MA makes no
claims and no warranties,expressed or implied,
concerning the validity or accuracy of the GIS data
presented on this map.
Parcels updated December,2014
Properties updated 05/11/2017
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Zoning Board of Appeals
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\�titih LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:ATIAIJI PROPERTY OWNER
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MAILING ADDRESS (,t( 6W 11111 1A".(tIA L1‘. °" Pt5 C
PROPERTY LOCATION 1! lKt ) '"'
ASSESSOR MAP/PARCEL
SUBMITTED BY 1i )1\ ()-ki
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons who are owners of abutting
property,owners of land directly opposite on any public or private street or way;
and abutters of the abutters and all other land owners within 300 feet of the
property line of owner's property, as they appear on the most recent applicable tax
list(M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B
(2).
•
DATE ASSESSOR'S OFFICE
TOWN OF NANTUCKET
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91 91
BRAUMAN RICHARD TRST ETAL FONG JAMES W&JANE Y
WRIGHTS LANDNG HOMEOWNERS 50 BLACK BURNIAN ROAD
2 GREGLEN AVE PMB#292 WESTON,MA 02493
NANTUCKET,MA 02554
91 91
TOOLE MICHAEL L KERWICK STEPHEN M&TERESA R
PO BOX 369 3 HUNTINGTON AVE
SIASCONSET,MA 02564 WICHITA,KS 67206
91 91
STONE MICHAEL L ETAL GLEDHILL BETHEA&TOTH NORMAN
61 ANTHONY BOULEVARD 195 DEVON FARMS RD
LINCOLN PARK,NJ 07035 STORMVILLE,NY 12582
91 91
SANJENIS MICHAEL&JULIE BROWN KIMBALL C
1107 5TH AVE P O BOX 3100
NEW YORK,NY 10128 NANTUCKET,MA 02584
91 91
HUNTER WILLIAM F TRST LOVELL ROBERT C&CLARA JANE
3 MARCUS WAY NOM TRUST PO BOX 158
11872 SE VILLAGE DRIVE EGYPT,TX 77436
TEQUESTA,FL 33469
91 91
PHILLIP STEVEN E& CARRIE A BLATT LOUIS A&HARRISON MARY C
2 GREGLEN AVE PMB 38 2 GREGLEN AV #149
NANTUCKET,MA 02554 NANTUCKET,MA 02554
91 91
COHEN STEVEN L TRST INF REALTY REVOCABLE TRUST
C/O HAASE RANDALL 16 BRIMMER ST APT 2
37 MOUNTAIN AVE BOSTON,MA 02108
MAPLEWOOD,NJ 07040
91
COHEN STEVEN L TRST
C/O HAASE RANDALL
37 MOUNTAIN AVE
MAPLEWOOD,NJ 07040
91
FANNING ANTHONY&SUSAN
317 N MULBERRY ST #502
LANCASTER,PA 17603
91
BARKAN JEFFREY A&MARY BETH TR
83 TOM NEVERS RD NOM TRUST
19 SAGEWOOD CIRCLE
ATTLEBORO,MA 02703
NAN i UC{Kr
y 2011 JUL ! 9 PM 3: 06
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: July 19, 2017
To : Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No. : 15-17
Current Owner / Applicant: MICHAEL L. STONE AND SUSAN A. STONE
Property Description 6 Marcus Way
Map 91 Parcel 9 . 1
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 a
complaint in Nantucket Superior Court or Land 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 .
Eleanor W. Antonietti ,
Zoning Administrator
cc : Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND
WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW
SECTION 139-30 (SPECIAL PERMITS) ; SECTION 139-32 (VARIANCES) . ANY
QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT
508-325-7587 .
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket,Massachusetts 02554
Assessor's Map 91, Parcel 9.1 Certificate of Title No. 24801
6 Marcus Way Land Court Plan No. 5004-76
Limited Use General—3 Lot 963
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals ("Board"), opened
at 1:00 P.M. on Thursday, June 8, 2017, in the Conference Room, at 4 Fairgrounds Road,
Nantucket, Massachusetts, the Board made the following Decision on the application of
MICHAEL L. STONE AND SUSAN A. STONE, 61 Anthony Boulevarde, Lincoln
Park,NJ 07035, File No. 015-17.
2. Applicants are requesting a modification to the Variance granted in ZBA File No.
044-00, registered as Land Court Document No. 88849, by eliminating condition (b) of
said Variance in order to allow "Portion A"1 and "Portion B"2 to be held in separate
ownership. In the alternative, the Applicants are requesting Variance relief pursuant to
Zoning By-law Section 139-32 from the intensity regulations in Section 139-16 of the
minimum lot area to confirm "Portion A" and "Portion B" as two separately marketable
and buildable lots. The Locus is situated at 6 Marcus Way, is shown on Assessor's Map
91 as Parcel 9.1, and as Lot 963 upon Land Court Plan No. 5004-76. Evidence of owner's
title is registered at Certificate of Title 24801 on file at the Nantucket County District of
the Land Court. The site is zoned Limited Use General—3 (LUG-3).
3. Our decision is based upon the application and accompanying materials,
representations, and testimony received at our public hearings. The Planning Board made
no recommendation as their meeting occurred after this Board's meeting. There was no
opposition, written and oral, presented at the public hearing.
4. Attorney John B. Brescher, representing the applicants at the hearing, explained
the history of the Locus. Applicants acquired Lot 963, which is conforming as to lot size
required in LUG-3 zoning district, in 1996. Locus, although shown as a single lot on a
Land Court Plan, is bisected by Coffin Road, which was created before zoning was
adopted locally. In 1988, when Land Court Plan 5004-76 was prepared, Coffin Road was
an unimproved private way, or "paper street".
1 Now known as"Lot B"and shown to contain 39,854 square feet on plan entitled"Site Plan to
Accompany a Zoning Board of Appeals Application in Nantucket,MA.",dated April 7,2017 and drafted
by Blackwell&Associates("2017 Site Plan").
2 Now known as"Lot A"and shown to contain 80,222 square feet on 2017 Site Plan.
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5. The property has been and continues to be encumbered by a "right of way over
Coffin Road and Sandsbury Road to and from Tom Nevers Road set forth in Land Court
Document No. 1862 at the Registry District of Nantucket County."As such, the owner of
the parcel of land which was later developed into the Wright's Landing subdivision had
the benefit of an easement to use and improve Coffin Road. Subsequent to the
Applicant's purchase of Locus in 1996, Coffin Road became the approved access road for
the Wright's Landing subdivision and was re-activated and constructed by the developer
through Lots 963 for access to and from Tom Nevers Road. This Major Residential
Development, consisting of eleven building lots, a roadway lot, and an Open Space lot,
was approved in 1997 by the Planning Board (PB File# 6207).
6. The Applicants had applied to the Board of Appeals in 2000 for a determination
relative to the status of these two lots. The issue as it was addressed at that time was that
the definition of "Lot" assumes the land in question is not separated or divided by a
street. Subsequent to the development of the Wrights Landing subdivision, Coffm Road
may have created two unbuildable lots. During the discussion with the Applicants, the
Board granted Variance relief approving "Portion A" and "Portion B", as shown on the
plan attached as "Exhibit B" to Decision in File No. 044-00, to each be considered as a
valid building lot with respect to zoning issues subject to the following conditions:
Ia. Each of Portion A and Portion B shall be limited to one dwelling, which shall
contain a single dwelling unit;
b. Portion A and Portion B shall be held in common ownership with each other;
c. The total ground cover upon Lot 963 (including Portion A, Portion B, and the
portion of Lot 963 which lies within Coffin Road) shall not exceed the 3%maximum
applicable in the Limited Use General — 3 zoning districted, computed upon the
basis of the total lot area of Lot 963.
7. Attorney Brescher further explained that the matter before the Board in this
application is a request to modify Decision in File No. 044-00 to strike condition "b" or,
in the alternative, grant Variance relief pursuant to By-law Section 139-32 from the
intensity regulations of Section 139-16 to validate each lot as separately marketable and
buildable based upon the finding that the Town of Nantucket implicitly created two pre-
existing nonconforming lots pursuant to Section 139-33.L by virtue of the improvement
of Coffin Road by the Wright's Landing subdivision. Section 139-33.L reads:
"If as a result of acquisition of property by the Commonwealth or any instrumentality
thereof, including the Town of Nantucket, the County of Nantucket, the Nantucket
Islands Land Bank (whether such acquisition is by eminent domain, gift, or deed for a
public purpose for which property could be taken by eminent domain), a use, building,
structure, lot, parking space, loading bay, landscaping or any other feature or attribute of
property, no longer complies with this chapter, then, provided that such property and its
use complied with this chapter or was legally nonconforming under this chapter prior to
such acquisition, the portion, features, attributes and uses of the property remaining after
such public acquisition shall be deemed to be legally nonconforming under this chapter."
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8. Attorney Brescher maintained that in this instance, since the Planning Board
approved the use of Coffin Road as the access for the Wright's Landing subdivision and
requested that the paper street be improved in order to create a legal street or way, the
Planning Board unintentionally creating a nonconforming lot, because under the
definition of lot, upon the improvement of Coffin Road, Lot 963 was "divided by a
street"thus creating two separate, and undersized, "lots."
9. Therefore, the Applicants are requesting a modification to prior Decision No.
044-00 to eliminate condition (b) of said Variance so as to allow "Portion A" and
"Portion B" (now shown as "Lot B" and "Lot A" respectively on 2017 Site Plan) in said
Decision to be held in separate ownership. In the alternative, the Applicants are
requesting Variance relief pursuant to Section 139-32 from the intensity regulations in
Section 139-16 of the minimum lot area to confirm Lots A and B as two separately
marketable and buildable lots.
10. In this instance, Variance relief may be appropriate based upon the unique history
and circumstances of this property (i.e., that the two "lots" were unintentionally created
by the improvement of Coffin Road to provide access to the Wright's Landing
subdivision). In addition, a literal enforcement of this chapter would involve substantial
hardship to the Applicants because the Applicants are trying to obtain a mortgage to
finance the completion of the partially constructed dwelling on the smaller "Lot B" and
are required by the underwriting institution to have the lots in separate ownership for the
purposes of such mortgage. Furthermore, 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 Zoning By-law.
11. After hearing testimony from Attorney Brescher, the Board considered the
concern regarding the ability to secure a mortgage on the dwelling under construction.
This change in circumstance since the prior decision warranted a review of the intent and
consequences of the relief granted in 2000. The Board was not, however, persuaded by
the argument that the lots are "grandfathered" under Section 139-33.L. Furthermore, the
Board did not deem the current situation to warrant the granting of a new Variance.
12. A granting of relief by Variance pursuant to Nantucket Zoning By-law Section
139-32.A requires that the Board make the finding that:
[...] owing to circumstances relating to soil conditions, shape or topography of such
land or structures but not affecting generally the zoning district in which it is
located, a literal enforcement of the provisions of this chapter 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 nulling or substantially derogating from the intent or purpose of such
bylaw.
13. Based upon the foregoing, the Board thought it prudent to modify existing
Decision No. 044-00 by eliminating restriction (b) so that the two lots may be held in
separate ownership.
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14. The Board required a further modification to Condition(c)which reads:
The total ground cover upon Lot 963 (including Portion A, Portion B, and the portion of
Lot 963 which lies within Coffin Road) shall not exceed the 3% maximum applicable in
the Limited Use General— 3 zoning districted, computed upon the basis of the total lot
area of Lot 963.
The result of this would have allowed a maximum of 3,602 square feet (equal to 3% of
120,075 square feet, or total lot area of Lot 963). In 2001, the owners filed Building
Permit No. 1139-01 to construct a 1,600 square feet dwelling unit on the larger "Portion
B" between Marcus Way and Coffin Road, southeast of Wrights Landing. A Certificate
of Occupancy was issued in 2004. In 2002, the owners filed Building Permit No. 352-02
to construct a 1,464 square feet dwelling unit on the smaller"Portion A", abutting Coffin
Road and situated south of Wrights Landing. Construction began but did not continue
beyond the point of pouring and capping a slab foundation which is shown to have an
existing footprint of 1,450 square feet on the 2017 Site Plan.
The Board recommended that the ground cover restriction in Condition (c) be modified
as follows:
"Lot A" 3%of 74,445* = 2,233 SF—417 SF = 1,816 SF
"Lot B" 3% of 34.444* = 1.033 SF H overage of 1.450 SFexisting— 1.033 SF=417 SF.
TOTAL ALLOWED = 3,266 SF
The portion of Lot 963 within the layout of"Coffin Road"would not contribute towards lot area
or ground cover calculations. These calculations are based on lot areas established for smaller
"Portion A"and larger"Portion B"as shown on Exhibit Plan attached to 2000 Variance Decision.
15. Accordingly, by a MAJORITY VOTE (4 in favor, Thayer opposed)of the sitting
Board, the Board grants relief to MODIFY VARIANCE relief in Zoning Board of
Appeals Decision No. 044-00 to eliminate original Condition (b) so as to allow the two
lots to be held in separate ownership and to modify original Condition(c). The remainder
of the relief granted in said Decision shall remain in full force and effect, subject to the
following conditions:
a. "Lot A" and"Lot B" shall each be limited to a single dwelling unit; and
b. The total ground cover upon Lot 963 (including "Lot A" and "Lot B",
but not portion of Lot 963 lying within Coffin Road) shall not exceed the
3% maximum applicable in the LUG — 3 zoning district, computed as
follows:
i. Maximum of 3,266 square feet between the two lots or
maximum 1,816 square foot dwelling upon "Lot A" and 1,450
square foot dwelling upon"Lot B".
I T A F LO
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Assessor's Map 91, Parcel 9.1 Certificate of Title No. 24801
6 Marcus Way Land Court Plan No. 5004-76
Limited Use General - 3 Lot 963
,
�\Dated: ,2017
Lisa Botticelli
• an cC. by
- SPA∎_4a
i K. ' a
0Wcze
Geoff Thayer
James Mondani
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On the day of 01. , 2017, before me, the undersigned notary
public, personally appeared �S t v 1J1 #1 , one of
the above-named members of the Zoning Board of Appeals of Nan ucket, Massachusetts,
personally known to me to be the person whose name is signed on the preceding
document, and acknowledged that he signed the foregoing instrument voluntarily for the
purposes t ein ex ressed.
Official Signature and Seal of Notary Public
My commission expires:
LESLIE WOODSON SNELL
NOTARY PUBLIC
f _!r E- COMMONWEALTH OF MASSACHUSETTS l
f My Comm.Expires Sept 28,2018
6