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HomeMy WebLinkAbout36-17 97 Sankaty RoadNANTUCKE': TOWN CLERI' 2017 SEP 12 AM 10: 15 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION ORIGINAL PLANNING OFFICE SEP 1:1:2:0:17 RECEIVED Fee: $450.00 File No. ✓ v . 1p Owner's name(s): Juliet Farlow Hunter Mailing address:_ POB 358, Siasconset, MA 02564 Phone Number: 508-325-2580 E -Mail: JFhunter2jacomcast.com Applicant's name(s): SAME Mailing Address: Phone Number: E -Mail: Locus Address: 97 Sankaty Road Assessor's Map/Parcel: 49/94 Land Court Plan/Plan Book & Page/Plan File No.: Plan File 2014-80 Deed Reference/Certificate of Tide:B838IF?339 Zoning District_ LUG -3 Uses on Lot- Commercial: None_X Yes (describe) Residential: Number of dwellings ---J— Duplex. Date of Structure(s): all pre -date 7/72 No or Building Permit Numbers: , 792-00; 1276-00;1924-14 Apartments Previous Zoning Board Application Numbers: Or;9-99; 012-91; 079-88 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: PLEASE SEE ATTACHED ADDENDUM 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/Attorney/Agent` *If an Agent is repr�enting the Ow,s er 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/j— By: Waiver requested: Granted:_/_/_ Hearing notice posted with Town Clerk:_/_/_Mailed:_/_/_ Heating(s) held on:_/_/_ Opened on Continued to:_/_/_ Withdrawn:—/—/— Decision Due By:_/—i'— ,Made:_/_/_ Filed w/Town Clerk:—/—/— Mailed:— / -/- 2 Fairgrounds Road Nantucket Massachusetts 0 25 54 508-228-7215 telephone 508-228-7298 facsimile P ADDENDUM "A" JULIET FARLOW HUNTER, 97 SANKATY ROAD, SIASCONSET Juliet Farlow Hunter ("Applicant") seeks a modification of Variance No. 052-99, pursuant to the Nantucket Zoning Bylaw, Chapter 139-32, Variances and 139-29 E (2), Board of Appeals powers, by having the Board release the three conditions burdening the Premises; namely; (a) Only one dwelling to be constructed on the Lot; (b) No structures within fifty (50') feet of the Wetland Resource Area; and, (c) Ground cover for all structures limited to 2,500 square feet; and, Further asks that the Board recognize the Premises as pre-existing, non -conforming having the benefits of a lot of record. Please see also prior Board of Appeals File Nos. 079-881. 041-89 and 012-91. The Applicant's property is located at 97 Sankaty Road, Siasconset, Massachusetts 02564. shown as Lot 1 on Plan File No. 2014-80 recorded with Nantucket Deeds and as Parcel 94 on Nantucket Assessor's Map 49 ("Premises"). The Premises is zoned Limited Use General - 3 ("LUG -3"). The Premises has an area of approximately 103,665 square feet +/- and is improved ,-ith a Single-family Dwelling and a Studio / Garage. Total existing combined ground cover for the Single-family Dwelling and a Studio / Garage is 2,460 +/- square feet, i.e. 2.37% of lot area. In the LUG -3 Zoning District the allowable ground cover ratio is three (3 %) of lot area and a maximum of two (2) dwelling units on each lot is allowed in the District. On June 11, 1999, in the matter of Juliet Farlow Hunter, Trustee of 97 Sankaty Avenue Realty Trust, ZBA File No. 052-99, the Board of Appeals voted unanimously to modify the Variance in File No. 012-91 to allow 2,500 square feet of ground cover in favor of the 1,355 square feet previously allowed however while continuing to limit the Premises to the construction of a single dwelling only and with no structures within fifty (50') feet of a NVetland Resource Area. The history of the properties in brief, follows: 1. On January 10, 1962, Arthur C. Farlow, Applicant's father, buys two lots of land, one improved with a single-family dwelling built in 1960 (Lot 40) (84 Baxter Road) and the other vacant (Easterly portion of Block 7) (97 Sankaty Road). The deed into Mr. Farlow is found in Book 122, Page 393 at Nantucket Deeds and describes the two properties as, "...Lot 40 Atlantic Road and the Easterly portion of Block 7 containing about 3 acres of land and being shown on plan of division of land of the heirs of William J Flagg recorded in Book of Plans 6, Page 16 said lots are conveved subiect to taxes assessed for the vear 1962." This deed and the associated plan is included as Exhibit A. 2. On June 15, 1962, Mr. Farlow enters into the Arthur C. Farlow Life Insurance Trust Agreement with the National Boulevard Bank of Chicago and funds the agreement with tv,,o life insurance polices. Lot 40 and the easterly portion of Block 7 are also placed into this trust for the benefit of Mr. Farlow's wife, Dorothy and their three daughters. A life insurance trust is an irrevocable, non -amendable trust, in which the trust is both the owner and beneficiary of one or more life insurance policies. Upon the death of the insured, the trustee invests the insurance proceeds and administers the trust for one or more beneficiaries. 3. On February 2, 1967, Mr. Farlow dies and the National Boulevard Bank of Chicago undertakes among other things, the caretaking of the cottage at 84 Baxter Road (Lot 40) for the benefit of Mrs. Farlow and her three daughters. The National Boulevard Bank of Chicago manages the two properties, approves repairs for the cottage, pays taxes, hires repair people as needed and budgets rental income from the cottage for the benefit of Mrs. Farlov<-. Requests for capital outlays needed to keep the cottage in good repair are sent to the Bank in Chicago and then approved or denied as the case may be. 4. On February 13, 1972, Nantucket adopts The Nantucket Zoning Byla«-. 5. On August 5, 1988, (ZBA File No. 079-88) the National Boulevard Bank of Chicago applies for and is granted a Variance from the lot size and frontage requirements of Sec. 139-16, Intensity Regulations, of the Zoning Bylaw allowing Lot 40 and the Block 7 lot to be treated as separate buildable lots. The Board notes in this Decision that placing the two properties in separate ownerships. "... at the inception of zoning in Nantucket could have preserved their separate identities... (TT)e (the "Board") are informed however that the trust instrument does not provide for such a separation of title except by sale of one or other of the parcels for value." The Trustee had the right to sell one or the other or both of the properties for value however did not have the power to transfer title from the Arthur C. Farlow Life Insurance Trust Agreement to another trust instrument controlled by the Bank. 6. On February 15, 1991, (ZBA File No. 012-91) the Trustee, having failed to exercise the Variance within a year of it being granted, seeks the re-establishment of the Variance granted in ZBA File No. 079-88 to allow the Applicant to treat as separate and buildable lots. The Board renews the relief by Variance and notes that the, "...old Zoning Bylaw was not explicit in its explanation of the statutory time limitations for (exercising) variances, an oversight which has been cured." At that time, the Board imposed the following conditions: (a) Only one dwelling to be constructed on the Lot; (b) No structures within fifty (50') feet of the Wetland Resource Area; and, (c) Ground cover for all structures limited to 1355 square feet without further relief from this Board. 7. On June 11, 1999, (ZBA File No. 052-99), the Board voted unanimously to modif�- the Variance in File No. 012-91 to allow 2,500 square feet of ground cover from the 1,355 square feet previously allowed however while continuing to limit the Premises to the construction c a single dwelling only with no structures within fifty (50') feet of a Wetland Resource Area. REQUEST FOR RELIEF The Applicant asks the Board to modify and amend further the prior Variance to eliminate the Single Dwelling only restriction; allow ground cover to be calculated by Nantucket Zoning Bylaw 139-33 E (1) (b) Preexisting nonconforming uses, structures and lots; remove the condition that references the Wetland Resource Area fifty (50') setback; and recognize the Premises as pre-existing, non -conforming having the benefits of a lot of record. The Applicant's family has owned the property for more than fifty-five years. Ironically. it is only due to her father wanting to provide for his wife and children after his death that Lot 40 (84 Baxter Road) and the Easterly portion of Block 7 (97 Sankaty Road) were placed in the compromised position of being unable to be conveyed into separate ownership prior to the adoption of the Nantucket Zoning Bylaw. Please see 42 and 45, above. His concern and planning unintentionally penalized the very people he was attempting to provide for. SINGLE DWELLING ONLY: Being able to construct a second dwelling or convert the Garage / Studio into a dwelling is allowed and the usual custom and convention on Nantucket subject to Nantucket Planning Board approval. It is an opportunity the Applicant wants to be able to provide for her and her family and any future successor -in -title. GROUND COVER LIMITATION: The Zoning Bylaw provides that this property would otherwise be able to have 2000 square feet of ground cover or 3% of the lot area; the larger of the two. In this case, maximum ground cover would be 3,109.95, or an additional 649.95 square feet. 50' WETLAND SETBACK: The Nantucket Conservation Commission Wetland Protection Regulations sec. 3.02, Vegetated Wetlands, B. Performance Standards, l., states all non -water dependent projects shall maintain at least a fifty (50') foot buffer from a vegetated wetland. The Premises is subject to this regulation and would need to comply with it upon any proposed construction on the property within the wetland buffer zone therefore the condition imposed by the Variance is non -jurisdictional, repetitive and unnecessary. Therefore due to circumstances relating to the SHAPE of, "...the Easterly portion of Block 7 containing about 3 acres of land...", an inaccurate number and arbitrary shape determined in 1962 ten years before the adoption of the Nantucket Zoning Bylaw, especially affecting 97 Sankaty Road and not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of Chapter 139: ZONING would involve substantial financial and personal hardship to the applicant and relief may be granted without substantial detriment to the public good and without derogating from the intent or purpose of such bylaw. By granting the MODIFICATION as requested, the Board will be acting in a manner consistent with the spirit, intent and purpose of the Nantucket Zoning. The Applicants respectfully request that the Board vote in favor of the requested MODIFICATION. /I— r� tXtiliil'1' "n�" m I -ir.,M, TRMTM' S DEED 1 THE Q'rIPNECTIC" BANK AND TRUST MVPAN7, a banking oorporaticn organised under the laws of the State of Connecticut, and having its plao• of bosiness in Hartford, Connecticut, as it is Trustee under the will of Man Earls Flagg, by pmmr conferred by said Win and every other power, for consideration paid by ArthaQ ! Ae4ow, grant to said Arthur G. Far' ow, Of Chicago, 1121nois, with Q^ITCIAnf Covenants, all its right, "title and interest in land in that part of the Town and County of Nantucket called Siasoonset being shown as Lot 40 Atlantic Road and the Easter Z,v portion of Block 7 containing about j aorea Of land, and being shown on plan of divis ry ion Of land of the heirs of willies J. T1a71&Urecorded in Nantucket Regis of Deed Book of Plans 6, Page 16. Said lots are conveyed eub�ect to taxes aaeaased for the year 1962. 1K wZTKM WFMFMF the said THE 00MECTIC[rT BANK AND TRUST COXPANZ, as Trustee ander the {fill of 111183 Earle •Sagg, has caused its corporate seal to be hereto affixed and thee@ presents to be signed is its nom and behalf by C. 0. Jackson its Asst. Trury,t officer, this lOth' day of January, 1562. �I TTCT HS "xEICCT BANK AND ,TM I CWO, y Asst, ru is ,1'riS,.~ i STATL 01 COINECTICUT OfflFet+r r' i ! Hartford as .- .. " n January 10, lyu2. Cn "'M Then Personally appeared C. 0. Jackson, Aeat, Trunt 0^ *a , 'mad acknowledged the foregoing iastry,ent to be the fres est and deed of The Connecticut Bank and Trust Cos,parW, i FEB 28196211. 15 All before me, VXMM CIFM Received and Entered rotary , lie Beatrice I. Potvin tte5 M' Coewrl"O Exp'� M� V {ieQfiter April 1, 1 MEM s n b 0 r z o C 1=Pv Oy �Co� o M l 2 P cn z a Z 0 E O K LOCUS Q y N LOCUS MAP SCALE 1 REFERENCES: OWNER: JULIET F. HUNTER DEED REFERENCE:DEED BOOK 638, PAGE 339 PLAN BOOK 6, PAGE 16, PDRTION OF BLOCK 7 PLAN REFERENCE: LC.40329 (REGISTRATION NOT COMPLETED) ASSESSORS REFERENCE: MAP: 49 PARCEL 94 ZONING CLASSIFICATION DISTRICT:LUG 3 MINIMUM LOT SIZE =120,000 S.F. MINIMUM FRONTAGE -200' FRONT YARD SETBACK =35' SIDE @ REAR LINE SETBACK =20' ALLOWABLE GROUND COVER =2,500 S.F. EXISTING GROUND COVER =2,460tS.F. SEE NOTES 1 k 2 LEGEND IPIRON PIN DH CB DRI LL .HOLE/CONCRETE BOUND :Id. Bk. BOOK FND FOUND GC GROUND COVER N/F NOW OR FORMERLY 'I. Bk. PLAN BOOK S.F. SQUARE FEET PERIMETER PLAN OF LAND #'97 SANKATY ROAD IN NANTUCKET, MASSACHUSETTS SCALE: 1'=40' DATE:SEPTEMBER 2, 2014 PREPARED FOR: JULIET F. HUNTER NANTUCKET SURVEYORS, LLC 5 WINDY WAY NANTUCKET, MA 02554 (508) 226-0240 GRAPHIC SCALE I =4Z, 40 BO 120 160 49-95 N/F KERMIT ROOSEVELT, TRUSTEE 88'23'27' METER r� EIGSTING GARAGE/STUDIO I 1 � 563cs.F CRAVE,� PAftKIINr5D g COV<cRED ' I 12 STJ1 ORY DNL 1 LOT 1 1 I AREA = 103,665 S.F.i \1 � I _ I I I D.H.C.S. FND. 49-162 N/F JEANNE S, WNIIELEY NOTES 49-36 N/F JOHN' MANERA k TODD M. G,ASER, TRUSTEES FND. JiL _A=PROXIMATE ( EDD-- OF WETLAND 46- 37 N� U.S, BANK N.A <^�E M, EAST EDEN LS Nk,-JE,<E- PES_-'" OF DSS Dat' 22 Tm' r3i.. Plor E✓.. 20 -� Plar �rf�yF71 Attes: - '-�: sier I RESER rc ._7 USE ON 49-35 H%r 82 BAITER ROACL _ FNc. D.H.C.E. FN D, c I6- JOSHUA P O0 C k Ellin• RUDDUJOJ. H/F . 1. F ­A" GARDJNE S k SUZAHNE M. WALL SS_ yrYMAR.. TR..'Sf 1) SEE ZBA APPLICATION NO. 012-91, WHICH ALLOWS B4 BAXTER ROAD AND 97. SANKATY ROAD TO BE SEPERATE BUILDABLE AND SALEABLE LOTS WITH CONDITIONS. RECORDED IN DEED BOOK 361 AT PAGE 262. 2) SEE ZBA APPLICATION NO. 052-99, WHICH ALLOWS FOR 2,500 S.F. OF GROUND COVER PATH CONDITIONS. RECORDED IN DEED BOOK 638 AT PAGE 334. 3) DWELLING WAS MEASURED TO THE CORNER OF SHINGLES FOR GROUND COVER CALCULATION. FOUNDATION IS INACCESSIBLE. 4) THE PREMISES SHOWN ON THIS PLAN ARE NOT LOCATED WITHIN A FLOOD HAZARD ZONE AS DELINEATED. ON THE 'FIRM' MAP NO. 25019CO114G, MAP EFFECTIVE, JUNE 9, 2014 BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. ' I HEREBY CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN ACCORDANCE WITH THE RULES<> AND REGULATIONS OF THE REGISTERS OF DEEDS '" P -J -•`'1; OF THE COMMONWEALTH OF MASSACHUSETTS.' ;:id 6ANrDs •9� No. 36T'a N"' 1, PROFESSIONAL LAND SURVEYOR /DAIE PLANNING BOARD ENDORSE,/EK DOES NOT CDNSTTUT: A. D=RMINATIOI, 1 CONFORMANCE UNDER ZONING. NANTUCK_T PLANNING BOARD A>PROVAL UNDZF TH' SUBDIVISION CONTRD- _AN N07 NATMA :- OYF1 JDH�uS..w�H:Jn DATE APPROVED DATE SIGNE^L. FI- E No. - S 37- T_-10409 Town and County of Nantucket, MA 5epcemoer :), cUi 97 Sankaty Road, Siasconset 494 _ - Z 103 C 488 O to 9 7 4 4935 493616 86 85 4 95 ki?O1 4�7 x 4834 - .� v+ � D O D49 38 49 33 82A SlI O 4994 97t &93t 49 39 _82 i 4931 4940 77 80 4930 9 41 I 75 t4 0 4918-2 78 93 49 185 - . zW911 8 3 7 49 76 2 OV493 7 4 1 - 49"8-6 49 43 9 184 5 .3 9 BAYBERRY SIAS LN C9 26.1 5 49,44 711 Go gle U CJ � � 72 1" = 150 ft 92•.1 49 92 �.. Property Information Property 4994 ID Location 97 SANKATY RD Owner HUNTER JULIET F 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 09/05/2017 Town of Nantucket ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER.... tj>ivT ... ........................ MAILING ADDRESS........ ......• PROPERTY LOCATION..�e+ Ni ..................... ASSESSOR'S MAP/ PARCEL.... M•........ APPLICANT.. !+.�"1.. � ..... ..... SEE ATTACHED PAGES I certify that the foregoing is a list of 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, all as they appear on the most recent applicable tax list (M.G.L. c.40A, Section 11 Zoning Code Chapter 139, Section 139-29 D (2). R•'I.-• 1.1 .............. DATE #, -T ASSESSORS OFFICE Town of Nantucket z z z z a a a a U) m Q Q FC < Q FC < (d a >1 Q Q Q Q Q Q Q Q Q Q a Q Q Q cHn a w a w ro�� a a a a a a a a a a a a El o a �. 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H ,x a F z F w w a Ex+ w x El a Q< H z F F Q a s w a z O<< rZ a F z a r a m w w w w o a x x H U) 0 o E x� CD w o z o Q O \O 0 0 0 O (n N O UH H \ w o o rw u r,C z 0 a z H H � w U) a a w w W z F H 7w. x' �D H V U7 w H W w LA W < a z 0 0 > w z U] N a o q< w a w a w w a, U a Q a Q U Q< z H H H M z w E w w o o a w w w a i s a� w w F w w w w co 0 w w U E, Q H U a H w a rx H w H 04 w H w H H U H W< x a W9 E U FC z a> a H z W O ~ vE � x w" `° a W i'7 n O 1-1 a w WY o' a 'zi x 0:J a W O x F '-7 r1: w 7, z d, W W Iq 13 a i7 H al >+ U a U >A y W 3 H z F Q E w U)U W a x 14 W W U 0 W t E >� H fY. 7, a 0 >C fx W X z U W a W H W W W 0 O u N x w Q !A x Z z FC FC FC FC H to pj a F m o a Q H w E rY Q a � FC D FC < FC O 3 U OQ vHi w CQ w wN 3 x 0 CQ x 0a 3 w� 3 o � 'z" c� Q a �� f TOWN OF NANTUCKET o BOARD OF APPEALS �- - N "• NANTUCKET, MASSACHUSETTS 02554 ter- • w o cw Date: November 21, 2017 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No. : 36-17 Owner/Applicant: JULIET F. HUNTER Property Description: 97 Sankaty Road Map 49 Parcel 94 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 4 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 49, Parcel 94 Book 638, Page 339 97 Sankaty Road Lot 1 Limited Use General-3 (LUG-3) Plan No. 2014-80 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals on Thursday, November 9, 2017, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, continued from Thursday, October 12, 2017, the Board made the following Decision on the Application of JULIET F. HUNTER, Post Office Box 358, Siasconset, Nantucket, Massachusetts 02564, File No. 36-17. 2. Applicant requests Modification of prior Variance relief pursuant to Nantucket Zoning By-law Sections 139-32 (Variances) and 139-29.E(2) (Board of Appeals Powers). In a 1999 decision (File No. 052-99), the Board of Appeals granted a modification to Variance (File No. 012-91) limiting, among other things, ground cover for all structures to 2,500 square feet with only one dwelling to be constructed upon the lot and no structures within fifty (50) feet of a Wetland Resource Area. The present application specifically seeks to eliminate the following conditions which burden the property: a) Only one dwelling to be constructed upon the lot; b) No structure within 50 feet of the Wetlands Resource Area; and, c) Ground Cover for all structures limited to 2,500 square feet. Applicant further requests a finding that the premises is a pre-existing nonconforming lot of record. The Locus is situated at 97 Sankaty Road ("Premises"), is shown on Tax Assessor's Map 49 as Parcel 94 and as Lot 1 on Plan No. 2014-80. Evidence of owner's title is recorded in Book 638, Page 339 on file at the Nantucket County Registry of Deeds. The site is zoned Limited Use General Three (LUG-3). 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. At the initial public hearing on October 12, 2017, abutters, represented by counsel, voiced concern about the application and the requested relief. At the continued Public 2 Hearing held on November 9, 2017, the same abutters, through counsel, supported the relief as requested. 4. The Premises has an area of roughly 103,665 square feet and is improved with a single-family dwelling and a studio / garage. Total existing combined ground cover for the both structures is approximately 2,460 square feet, or a ground cover ratio of 2.37% in the LUG-3 District where maximum allowable ground cover ratio is 3% and a maximum of three (3) dwelling units is allowed upon a lot. 5. Applicant, through counsel, provided the Board with the title and corresponding zoning history of the Premises: • On January 10, 1962, Applicant's father purchased two lots of land, one improved with a single-family dwelling built in 1960 (Lot 40 on Plan Book 6, Page 16; n/k/a 84 Baxter Road) and the other vacant (Easterly portion of Block 7 on Plan Book 6, Page 16; n/k/a 97 Sankaty Road). The deed into Mr. Farlow is recorded in Book 122, Page 393 and describes the two properties as, "...Lot 40 Atlantic Road and the Easterly portion of Block 7 containing about 3 acres of land, and being shown on plan of division of land of the heirs of William J. Flagg recorded...in Book of Plans 6, Page 16...said lots are conveyed subject to taxes assessed for the year 1962." • On June 15, 1962, Applicant's father enters into a life insurance trust agreement with a bank located in Chicago, Illinois and funds the agreement with two life insurance policies. Additionally, Lot 40 and the easterly portion of Block 7 are placed into this trust for benefit of the Applicant's father's wife and his three daughters. • In 1967, Applicant's father dies and the Chicago bank assumes responsibility for, among other things, the caretaking of the cottage at 84 Baxter Road (Lot 40) for benefit of the decedent's' wife and three daughters. The bank manages the two properties, approves repairs for the cottage, pays taxes, hires repair people as needed and budgets rental income from the cottage. Requests for capital outlays needed to keep the cottage in good repair are sent to the bank and then approved or denied as the case may be. • February 13, 1972,Nantucket adopts The Nantucket Zoning By-law. • August 5, 1988, (File No. 079-88; recorded in Book 327 Page 285) the bank applies for and is granted a Variance from the lot size and frontage requirements of Sec. 139-16 (Intensity Regulations) of the Zoning By-law allowing Lot 40 and the Block 7 lot to be treated as separate buildable lots. The Board notes in this Decision that placing the two properties in separate ownerships, at the inception of zoning in Nantucket could have preserved their separate identities...(W)e (the "Board") are informed however that the trust instrument does not provide for such a separation of title except by sale of one or other of the parcels for value." 3 • On February 15, 1991, (File No. 012-91; recorded in Book 361 Page 262) the Trustee, having failed to exercise the Variance within a year of it being granted, seeks the re-establishment of the Variance granted in File No. 079-88 to allow the Applicant to treat as separate and buildable lots. The Board renews the relief by Variance and notes that the, "...old Zoning By-law was not explicit in its explanation of the statutory time limitations for (exercising) variances, an oversight which has been cured." At that time, the Board imposed the following conditions: a) Only one dwelling to be constructed on the Lot; b) No structures within fifty (50) feet of the Wetland Resource Area; and, c) Ground cover for all structures limited to 1,355 square feet without further relief from this Board. • On June 11, 1999, (File No. 052-99; recorded in Book 638 Page 285), the Board voted unanimously to modify the Variance in File No. 012-91 to allow 2,500 square feet of ground cover, increased from the 1,355 square feet previously allowed, while continuing to limit the Premises to the construction of a single dwelling only with no structures within fifty (50) feet of a Wetland Resource Area. 6. Therefore, based upon presentation to the Board, a review of the zoning history, and the support of the abutters, the Board finds that due to circumstances relating to the shape of, "...the Easterly portion of Block 7 containing about 3 acres of land..." especially affecting the Premises and not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of Chapter 139 (Zoning) would involve substantial financial and personal hardship to the Applicant 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. 7. Accordingly, by UNANIMOUS vote, the Zoning Board of Appeals GRANTS the relief as requested and Modifies the previously granted Variance thereby: a) Allowing Applicant to construct a secondary dwelling and otherwise benefiting from all the Residential Uses allowed in the LUG-3 Zoning District; b) Striking the reference to no structures within fifty (50') feet of the Wetland Resource Area; and, c) Allowing ground cover for the Premises to be calculated at the maximum amount allowed for a pre-existing, non-conforming lot located in the LUG-3 Zoning District, d) AND otherwise granting the Premises all the benefits inuring to a pre- existing, non-conforming lot of record. SI NATURE PA E TO F S LLOW 4 Assessor's Map 49, Parcel 94 Book 638, Page 339 97 Sankaty Road Lot 1 Limited Use General-3 (LUG-3) Plan No. 2014-80 Dated: November 9, 2017 441 ..... ... ______ 4 .cCa ii D icha- J. "; .ra % / f, / ' kerim ose. .c L t.r.1,,' —FL Geoffrey W. Thayer Jim Mondani COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss *, 1- On the 21 day of lVovemDar , 2017, before me, the undersigned notary public, personally appeared <vtrn Kosea�aC , one of the above-named members of the Zoning Board of Appeals of Nantucket, 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 purpo s therein expressed./ mx, de 1 ,,./ - DORIS C. STRANti Offic al Signature and Seal of Nota r Public ? r 9 Notary Public My commission expires: 1 C`03 20� j Commonwealth of Mas:ae�M• C40312020 My Commission Expires October 9,2020 5