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Continued to:_/_/_ Withdrawn:—/—/— Decision Due By:_/—i'—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—
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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
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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
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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 _ -
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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
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TOWN OF NANTUCKET o
BOARD OF APPEALS �- -
N "•
NANTUCKET, MASSACHUSETTS 02554
ter-
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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
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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."
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• 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
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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 ..... ...
______
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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
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