HomeMy WebLinkAbout035-04
~-
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSEITS 02554
Date:
lNy~r /2-, 200 c.;
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
fol.lowing:
Application No.: o3~- oC;
Owner/Applicant: )<aih ref' 11 F. L~
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.
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND V~IANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET
ZONING BY-LAW G139-30I (SPECIAL PERMITS)~ fi139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
ATTEST: A TRUE COpy
~
N/\NTLJQKEf TOWN CLERK
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, MA02664
Assessor's Map 67
Parcel 153
Residential-10
14 Lewis Court
Lot 49, Plan Book 18, Page 52
Deed Ref. 210/24
At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 p.M.,
Friday, July 9, 2004 (originally noticed for June 11, 2004 and continued without
opening) in the Conference Room, Town and County Annex Building, 37
Washington Street, Nantucket, MA, on the Application of KATHLEEN F. LEGG,
fka Kathleen F. Holdgate, of 17 Keel Lane, Nantucket, MA 02544, Board of
Appeals Application No. 035-04, the Board made the following Decision:
1. Applicants are seeking relief by VARIANCE under Nantucket Zoning By-
law, Section 139-16A (Intensity Regulations -frontage) to validate an existing lot
as separately marketable and buildable for all purposes in the Residential-10
zoning district without further relief from this Board. The Locus, wh.ich currently
contains a single-family dwelling, is nonconforming as to frontage. with the lot
having about 12.64 feet of frontage along Lewis Court in a district that requires a
minimum frontage of 75 feet. The Lot is conforming in all other respects to
zoning requirements.
The Premises are located at 14 Lewis Court, Assessor's Map 67, Parcel
153, Lot 49, Plan Book 18, Page 52. The property is zoned Residential-10.
2. The Decision is based upon the Application and materials submitted with it
and the testimony and evidence presented at the hearing, including plans, deeds
and photographs. The Planning Board made no recommendation, as the matter
was not of planning concern. There were no letters on file in favor or in
opposition. Abutters, members of the Hughes family, located at 2 Lewis Court, 4
Lewis Court and 19 Newtown Road, were present at the public hearing and were
represented by counsel. They spoke in opposition to the Application. They
expressed concern about intensity of use on the street if the ground cover was
allowed to be expanded or a secondary dwelling constructed on the site. They
asked that should relief be granted to validate the Lot as requested, that no
expansion of the structure be allowed, and specifically no secondary dwelling be
allowed on the site. However, the abutters expressed no opposition to the
validation of the lot as separately marketable and buildable.
Applicant submitted a petition with nine signatures from abutters and area
residents that were in support of the grant of zoning relief, stating no specific
concern about any restrictions. The list represented twelve of the properties
shown on the abutters list indicated in blue on a plan submitted by Applicant's
counsel.
3. Applicant through counsel represented that the lot in question included
parts of three parcels shown on earlier plans as Lots 28 and 28A, Plan Book 16,
Page 10 and Lot 29, Plan Book 16, Page 61.
These three parcels were acquired by three separate deeds from Andrew
and Gladys Lewis to George and Marion Reith between 1963 and 1965. The
deed for Lot 29 included rights to use the 3D-foot way, which is now known as
Lewis Court. In April of 1972 the Reiths sold all three parcels to Ursula Holdgate,
the mother of the Applicant, by a single deed recorded at Book 137, Page 134.
Ursula Holdgate re-subdivided the three lots into two lots by an Approyal
Not Required plan dated February 12, 1973 and recorded at Plan Book 18, Page
52. LQt 50 had adequate area and frontage on Fairgrounds Road. Lot 49 was
conforming in all respects, but had 12.64' feet of frontage on Lewis Court in a
district that required a minimum frontage of 75 feet.
The basis for the ANR plan would have been the recognition of Lots 29
and 28A constituting one pre-existing lot that formed Lot 49, Therefore the 1973
ANR plan did not create any new nonconformities as Lot 29 was created in 1965
and the reconfiguration of the Lots to form Lot 49 did not change the pre-existing
nonconforming frontage issue. The Reith deed to Ursula HoIdgate in 1972
described Lots 29 and 28A as one parcel by metes and bound$. Although
possibly a misinterpretation of the provisions of the Nantucket Zoning By-law, in
the early days, attorneys, property owners and the Building Department relied
upon the Planning Board approval of a plan as definitive as to zoning as wen as
subdivision control issues. In fact, the Planning Board approval did not confer
conforming status under the Zoning By-law. The ANR and separation of Lot 49
from Lot 50 created a noncomplying situation as to frontage, at a point after the
1972 enactment of the Zoning By-law and thus conferred no protected
"grandfatheredB status under said By-law.
On February 16, 1973, Lots 49 and 50 were conveyed out of common
ownership, They came back into common ownership in 1977 in what appears to
be a divorce settlement situation. The Lots were conveyed out of common
ownership again in 1983, It was due to the 1977 conveyance into common
ownership that created the possible merger situation. In order to cure the "cloud"
on the title and validate the Locus (Lot 49) as separately marketable and
buildable, Variance relief would have to be issued by this Board.
The Applicant acquired Lot 49 in 1984 from her brother Kenneth Holdgate,
Jr, She obtained a sewer permit for two dwelling units, Historic District
Commission approval for the location of two foundations and a Building Permit in
1984 to construct the existing single-family dwelling. A Certificate of Occupancy
for said dwelling was issued April 24, 1992. The dwelling was conforming in all
respects to zoning requirements and the Locus conformed to lot size. Applicant
represented that upon a review of the Building Department records it appeared
that Building Department officials considered the Locus a pre-existing
nonconforming buildable lot of record, regardless of the fact that it had less than
the required frontage. Applicant represented that this compounded the situation
and that it was only when she offered the property for sale recently that she was
informed that there was a question of compliance and separate marketability of
the Lot. Lot 50 had also been built upon and had continued to be held in separate
ownership since 1983. Applicant represented that though the Lot may have been
technically unbuildable at the time of the issuance of the Building Permit to
construct the existing single-family dwelling, a period of more than six years had
passed since said issuance and issuance of the Certificate of Occupancy, and
the structure was protected under the curative provisions of M.G.L Chapter 40A,
Section 7, from enforcement by the Building Department. However, this did not
validate the Lot as separate from all adjoining parcels.
Applicant represented that there was no possibility of purchasing any
more land to correct the noncomplying frontage as all surrounding land was
separately owned and developed. Applicant further stated that it would be a
financial hardship if she were not able to sell or improve the property further. In
addition, the Applicant stated that the situation was unique in the neighborhood
and a grant of Variance relief could be supported and that she had proceeded in
good faith and had been left with a situation that she had not created nor could
rectify in any other manner.
4. Applicant had initially asked to be able to use the property for all purposes
allowed in the Residential-10 zoning district, i.e., build up to the maximum ground
cover allowed of about 3,613 square feet (25%); and construct a secondary
dwelling or other ancillary structure. Applicant stated that the existing dwelling
was small at about 739 square feet. HoWever, due to objections from a few
abutters, as noted above, the Applicant agreed to a ground cover limitation of
1,500 square feet and no secondary dwelling without having to seek further relief
from this Board.
5. Based upon the foregoing, the Board finds that the subject Lot had
merged with adjOining property and that the validation of the Lot by a grant of
Variance relief as presently configured, and subject to the conditions herein,
which presently contains a single-family dwelling, has been in existence for over
twenty years and has used Lewis Court for access, would not create any new
nonconformities or have a significant impact on neighborhood traffic or increase
intensity of use in any way.
T1'le Board further finds that: a Variance may be granted owing to
circumstances relating to the shape of such land, with the Lot having an irregular
shape, and especially affecting this Lot, but not generally affecting the zoning
district in which is lies. Although a lack of frontage alone is usually not enough to
justify a Variance, following the findings in the case of Paulding v Bruins, 18
Mass. App. Ct. 707 (1984), the Board finds that the property is unmarketable or
buildable without the grant of Variance relief, not withstanding the presence of
the conforming single-family dwelling; and that it appears that the Lot has no
other use other than as a residential home site. The Board notes that the Lot has
an irregular pork chop shape that is unique to this area and unlike most of the
lots in the zoning district and is unusual in its shape apart from the absence of
the required frontage.
The Board also finds that the Applicant has not ability to rectify the lack of
the required frontage with there being no abutting property available to cure the
zoning violation. In addition to the "pork chop shape" there are additional
conditions affecting this property to support a grant of Variance relief, to wit: a
dwelling is already in existence on the Lot, pursuant to a duly issued Building
Permit issued in 1984, a sewer permit issued in 1984 and Certificate of
Occupancy issued in 1992. Pursuant to M.G.L, Chapter 40A, Section 7, this
dwelling is protected against zoning enforc;ement and is, in any event, entitled to
remain. In addition the Board finds that a literal enforcement of the provision of
the By-law would involve substantial hardship financial or otherwise to the
Applicant. In this instance the Applicant would suffer extreme financial hardship
if the Lot was not validated and therefore not made separately marketable' an
buildable within a residential zone.
The Board further finds that a grant of relief by Variance to validate the Lot
as separately marketable and buildable as permitted under zoning in the
Residential-10 zoning district, subject to the condition that ground cover on the
Lot shall not exceed a maximum of 1,500 square feet and that no secondary
dwelling shall be permitted, would not constitute a substantial detriment to the
neighborhood and would not nullify or substantially derogate from the intent or
purpose of the By-law and would mitigate the opposing abutters' concerns about
intensification of the residential use. The Board notes that the I-ot exceeds
minimum lot size; is on an existing way which has been consistently. used by the
Applicant as the only means of access; has been built upon pursuant to duly
issued permits; and the use for residential purposes is permitted within the
zoning district. The relief granted by the Board, after the full consideration of the
situation and equities, validates what has been an existing situation and the
condition limits the ground cover to significantly less than would otherwise be
permitted within the zoning district.
6. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested
relief by VARIANCE under Nantucket Zoning By-law Section 139-16A to validate
the Lot as separately marketable and buildable subject to the following
conditions:
a. Maximum ground cover on the Lot shall not exceed an
aggregate total of 1,500 square feet without further relief
from this Board; and
b. No secondary dwelling shall be permitted on the Lot without
further relief from this Board.
(035-04)
Mich
Edward Murphy
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Office Of The Town Clerk · Town Of Nantucket
16 Broad Street, Nantucket, MA 02554-3590 · Telephone: 508.228.7217 · Fax: 508.325.5313
FAX
Wednesday, September 01,2004
To: P. de Rensis I R. Huxsam From: ! James (Town Clerk's Office)
Fax No: 617.951.2323 Fax No: : 508.325.5313
!
Telephone No: 617.951.2300 Telephone No: i 508.228.7217
Subject: ZBA appeal # of Pages: ! 3
I
To follow please find a copy of an appeal of the following matter filed yesterday in our
office:
04-035 12-Aug-2004 DECISION VARIANCE 14 LEWIS COURT LEGG, KATHLEE
+,
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSEITS 02554
Date:
1Ny000r 12-, 20 0 c.;
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
fol.lowing:
Application No.: o3~- Ot.}
Owner/Applicant: }<a!h(e:e11 F. Le9-.5:1
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.
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND V~RIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING-TO NANTUCKET
ZONING BY-LAW ti139-30I (SPECIAL PERMITS)~ n139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
" ,
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, MA 02664
Assessor's Map 67
Parcel 153
Residential-10
14 Lewis Court
Lot 49, Plan Book 18, Page 52
Deed Ref. 210/24
At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 :00 P.M.,
Friday, July 9, 2004 (originally noticed for June 11, 2004 and continued without
opening) in the Conference Room, Town and County Annex Building, 37
Washington Street, Nantucket, MA, on the Application of KATHLEEN F. LEGG,
fka Kathleen F. Holdgate, of 17 Keel Lane, Nantucket, MA 02544, Board of
Appeals Application No. 035-04, the Board made the following Decision:
1. Applicants are seeking relief by VARIANCE under Nantucket Zoning By-
law, Section 139-16A (Intensity Regulations - frontage) to validate an existing lot
as separately marketable and buildable for all purposes in the Residential-10
zonihg district without further relief from this Board. The Locus, which currently
contains a single-family dwelling, is nonconforming as to frontage, with the lot
having about 12.64 feet of frontage along Lewis Court in a district that requires a
minimum frontage of 75 feet. The Lot is conforming in all other respects to
zoning requirements.
The Premises are located at 14 Lewis Court, Assessor's Map 67, Parcel
153, Lot 49, Plan Book 18, Page 52. The property is zoned Residential-10.
2. The Decision is based upon the Application and materials submitted with it
and the testimony and evidence presented at the hearing, including plans, deeds
and photographs. The Planning Board made no recommendation, as the matter
was not of planning concern. There were no letters on file in favor or in
opposition. Abutters, members of the Hughes family, located at 2 Lewis Court, 4
Lewis Court and 19 Newtown Road, were present at the public hearing and were
represented by counsel. They spoke in opposition to the Application. They
expressSd concern about intensity of use on the street if the ground cover was
allowed to be expanded or a secondary dwelling constructed on the site. They
asked that should relief be granted to validate the Lot as requested, that no
expansion of the structure be allowed, and specifically no secondary dwelling be
allowed on the site. However, the abutters expressed no opposition to the
validation of the lot as separately marketable and buildable.
Applicant submitted a petition with nine signatures from abutters and area
residents that were in support of the grant of zoning relief, stating no speCific
concern about any restrictions. The list represented twelve of the properties
shown on the abutters list indicated in blue on a plan submitted by Applicant's
counsel.
3. Applicant through counsel represented that the lot in question included
parts of three parcels shown on earlier plans as Lots 28 and 28A, Plan Book 16,
Page 10 and Lot 29, Plan Book 16, Page 61.
These three parcels were acquired by three separate deeds from Andrew
and Gladys Lewis to George and Marion Reith between 1963 and 1965. The
deed for Lot 29 included rights to use the 30-foot way, which is now known as
Lewis Court. In April of 1972 the Reiths sold all three parcels to Ursula Holdgate,
the mother of the Applicant, by a single deed recorded at Book 137, Page 134.
Ursula Holdgate re-subdivided the three lots into two lots by an Approval
Not Required plan dated February 12, 1973 and recorded at Plan Book 18, Page
52. Lot 50 had adequate area and frontage on Fairgrounds Road. Lot 49 was
conforming in all respects, but had 12.64' feet of frontage on Lewis Court in a
district that required a minimum frontage of 75 feet.
The basis for the ANR plan would have been the recognition of Lots 29
and 28A constituting one pre-existing lot that formed Lot 49. Therefore the 1973
ANR plan did not create any new nonconformities as Lot 29 was created in 1965
and the reconfiguration of the Lots to form Lot 49 did not change the pre-existing
nonconforming frontage issue. The Reith deed to Ursula Holdgate in 1972
described Lots 29 and 28A as one parcel by metes and bound$. Although
possibly a misinterpretation of the provisions of the Nantucket Zoning By-law, in
the early days, attorneys, property owners and the Building Department relied
upon the Planning Board approval of a plan as definitive as to zoning as wen as
subdivision control issues. In fact, the Planning Board approval did not confer
conforming status under the Zoning By-law. The ANR and separation of Lot 49
from Lot 50 created a noncomplying situation as to frontage, at a point after the
1972 enactment of the Zoning By-law and thus conferred no protected
"grandfathered" status under said By-law.
On February 16, 1973, Lots 49 and 50 were conveyed out of common
ownership. They came back into common ownership in 1977 in what appears to
be a divorce settlement situation. The Lots were conveyed out of common
ownership again in 1983. It was due to the 1977 conveyance into common
ownership that created the possible merger situation. In order to cure the "cloud"
on the title and validate the Locus (Lot 49) as separately marketable and
buildable, Variance relief would have to be issued by this Board.
The Applicant acquired Lot 49 in 1984 from her brother Kenneth Holdgate,
Jr. She obtained a sewer permit for two dwelling units, Historic District
Commission approval for the location of two foundations and a Building Permit in
1984 to construct the existing single-family dwelling. A Certificate of Occupancy
for said dwelling was issued April 24, 1992. The dwelling was conforming in all
respects to zoning requirements and the Locus conformed to lot size. Applicant
represented that upon a review of the Building Department records it appeared
that Building Department officials considered the Locus a pre-existing
nonconforming buildable lot of record, regardless of the fact that it had less than
the required frontage. Applicant represented that this compounded the situation
and that it was only when she offered the property for sale recently that she was
informed that there was a question of compliance and separate marketability of
the Lot. Lot 50 had also been built upon and had continued to be held in separate
ownership since 1983. Applicant represented that though the Lot may have been
technically unbuildable at the time of the issuance of the Building Permit to
construct the existing single-family dwelling, a period of more than six years had
passed since said issuance and issuance of the Certificate of Occupancy, and
the structure was protected under the curative provisions of M.G.L Chapter 40A,
Section 7, from enforcement by the Building Department. However, this did not
validate the Lot as separate from all adjoining parcels.
Applicant represented that there was no possibility of purchasing any
more land to correct the noncomplying frontage as all surrounding land was
separately owned and developed. Applicant further stated that it would be a
financial hardShip if she were not able to sell or improve the property further. In
addition, the Applicant stated that the situation was unique in the neighborhood
and a grant of Variance relief could be supported and that she had proceeded in
good faith and had been left with a situation that she had not created nor could
rectify in any other manner.
4. Applicant had initially asked to be able to use the property for all purposes
allowed in the Residential-10 zoning district, i.e., build up to the maximum ground
cover allowed of about 3,613 square feet (25%); and construct a secondary
dwelling or other ancillary structure. Applicant stated that the eXisting dwelling
was small at about 739 square feet. HoWever, due to objections from a few
abutters, as noted above, the Applicant agreed to a ground cover limitation of
1,500 square feet and no secondary dwelling without having to seek further relief
from this Board.
5. Based upon the foregoing, the Board finds that the subject Lot had
merged with adjoining property and that the validation of the Lot by a grant of
Variance relief as presently configured, and subject to the conditions herein,
which presently contains a single-family dwelling, has been in existence for over
twenty years and has used Lewis Court for access, would not create any new
nonconformities or have a significant impact on neighborhood traffic or increase
intensity of use in any way.
Tile Board further finds that: a Variance may be granted owing to
circumstances relating to the shape of such land, with the Lot having an irregular
shape, and especially affecting this Lot, but not generally affecting the zoning
district in which is lies. Although a lack of frontage alone is usually not enough to
justify a Variance, following the findings in the case of Paulding v Bruins, 18
Mass. App. Ct. 707 (1984), the Board finds that the property is unmarketable or
buildable without the grant of Variance relief, not withstanding the presence of
the conforming single-family dwelling; and that it appears that the Lot has no
other use other than as a residential home site. The Board notes that the Lot has
an irregular pork chop shape that is unique to this area and unlike most of the
lots in the zoning district and is unusual in its shape apart from the absence of
the required frontage.
The Board also finds that the Applicant has not ability to rectify the lack of
the required frontage with there being no abutting property available to cure the
zoning violation. In addition to the "pork chop shape" there are additional
conditions affecting this property to support a grant of Variance relief, to wit: a
dwelling is already in existence on the Lot, pursuant to a duly issued Building
Permit issued in 1984, a sewer permit issued in 1984 and Certificate of
Occupancy issued in 1992. Pursuant to M.G.L., Chapter 40A, Section 7, this
dwelling is protected against zoning enfon;ement and is, in any event, entitled to
remain. In addition the Board finds that a literal enforcement of the provision of
the By-law would involve substantial hardship financial or otherwise to the
Applicant. In this instance the Applicant would suffer extreme financial hardship
if the Lot was not validated and therefore not made separately marketable. an
buildable within a residential zone.
The Board further finds that a grant of relief by Variance to validate the Lot
as separately marketable and buildable as permitted under zoning in the
Residential-10 zoning district, subject to the condition that ground cover on the
Lot shall not exceed a maximum of 1,500 square feet and that no secondary
dwelling shall be permitted, would not constitute a substantial detriment to the
neighborhood and would not nullify or substantially derogate from the intent or
purpose of the By-law and would mitigate the opposing abutters' concerns about
intensification of the residential use. The Board notes that the Lot exceeds
minimum lot size; is on an existing way which has been consistently. used by the
Applicant as the only means of access; has been built upon pursuant to duly
issued permits; and the use for residential purposes is permitted within the
zoning district. The relief granted by the Board, after the full consideration of the
situation and equities, validates what has been an existing situation and the
condition limits the ground cover to significantly less than would otherwise be
permitted within the zoning district.
6. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested
relief by VARIANCE under Nantucket Zoning By-law Section 139-16A to validate
the Lot as separately marketable and buildable subject to the following
conditions:
a. Maximum ground cover on the Lot shall not exceed an
aggregate total of 1,500 square feet without further relief
from this Board; and
b. No secondary dwelling shall be permitted on the Lot without
further relief from this Board.
(035-04)
Dated: August
Edward Murphy
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at
1:00 P.M., FRIDAY, JUNE 11,2004 in the Conference Room, Town Annex Building,
37 Washington Street, Nantucket, Massachusetts, on the Application of the following:
KATHLEEN F. LEGG
BOARD OF APPEALS FILE NO. 035-04
Applicant is seeking relief by V ARIANCE under Nantucket Zoning By-law
Section 139-16A (Intensity Regulations - frontage) to validate an existing lot as
separately marketable and buildable for all purposes in said zoning district without
further relief from this Board. The Locus, which currently contains a single-family
dwelling, is nonconforming as to frontage with the lot having about 12.64 feet of frontage
along Lewis Court in a district that requires a minimum frontage of 75 feet. The Lot is
conforming in all other respects to zoning requirements.
The Premises is located at 14 LEWIS COURT, Assessor's Map 67, Parcel 153,
Plan Book 18, Page 52. The property is zoned Residential-l O.
N~~.$tJ~~-
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
CASE NO. ~~Or
FEE: $300.00
Owner's name(s): Kathleen F. Legg
Mailing address: 17 Keel Lane, Nantucket, MA 02554
Applicant's name(s): same
Mailing address: same
Locus address:
Land Court Pia Ian File No.: 18/52
Date lot acquired:~/--.:1 84 Deed Ref./Cert. of Title: ~1 0/24
Uses on Lot-Commercial: Noneb Yes (describe)
Residential: Number of dwellings 1 Duplex
Building Date(s): All pre-date 7/72? or 1984
Building Permit Nos: . 3348-84
Previous Zoning Board Application Nos.: N/A
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
,
Lot No.:
67/153
49 CaJJ S fof5 J
Assessor's Map/Parcel:
Zoning District: R-1 0
Apartments_Rental Rooms
C ofO(s)?3348-92
See Addendum attached hereto.
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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: ---;;;;4' ~ C, Applicant Attorney/Agent X
(If not owner r ner's attorne , pee enclose proof of agency to bring this matter before the Board)
FOR ZB OFFICE USE / /
Application-.re'ceived on: (j~ pC( By: Complete: L,.../ Need copies?:~
Filed with Town Clerk:.L/ Zt(Iq:L Planning Re~lId.-"_1 Huilding Dept.:_i2 M~
Fee deposited with Town Treasurer: Sf 2- (IOe{ By: ~ver requested?:_Granted:_I_I_
Hearing notice posted with Town Clerk:lI7q-IOL-fMailed: j/f/o.-(I&M: .J/nfJ \...( & u..1 )I.Q)/
Hearing(s) held on:_I_I_ Opened on:_I_I_ Continued to:_I_/_ Withdrawn?:_I_I_
DECISION DUE BY:_/_/_ Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_
DECISION APPEALED?:_/_/_ SUPERIOR COURT:
LAND COURT
Form 4/03/03
05(17/2004 MON 13:10 FAX 5082287526 JULIE A FITZGERALD ESQ
I4l 002/00 2
ADDENDUM
Applicant is seeking relief by Variance under Section 139-32A from the
requirements of Section 139-16A (Intensity Regulations - frontage) to validate an
existing lot as separately marketable and buildable for all purposes in said zoning
district without further relief. The lot contains 14,451 +/- square feet in the
Residential -10 Zone which requires a minimum frontage of 75 feet. The
premises are located at 14 Lewis Court, Assessor's Map 67, Parcel 153, as
shown on Plan Book 18, Lot 52. The property is zoned Residential -10.
The lot in question Includes parts of three (3) parcels shown as Lots 28 and 28A,
Plan Book 16. Page 10 and Lot 29, Plan Book 16, Page 61.
These three (3) parcels were acquired by three (3) separate Deeds from Andrew
and Gladys Lewis to George and Marion Reith between 1963 and 1965. The
Deed for Lot 29 included rights to use the 30 foot way which is now known as
Lewis Court. In April of 1972 the Reiths sold all three (3) parcels to Ursula
Holdgate by Deed recorded at Book 137, Page 134.
She redivided the three lots into two (2) lots by an approval not required plan
dated February 12, 1973 and recorded at Plan Book 18. Page 52. Lot 50 has
adequate frontage and area. Lot 49 is conforming as to area and ground cover,
but has 12.64' feet offrontage on Lewis Court.
On February 16,1973, Lots 49 and 50 were conveyed out of common ownership.
They came back into common ownership in 1977 and were conveyed out of
common ownership again in 1983.
The Applicant acquired Lot 49 in 1984 from her brother Kenneth Holdgate, Jr..
She obtained a Building Permit for a single family dwelling and a Certificate of
Occupancy was issued April 24, 1992. Lot 50 has also been built upon.
The Applicant was unaware that the property might have a zoning problem until
she put it on the market for sale.
The existing structures on Lot 49 do not exceed the allowable ground cover and
all other dimensional requirements are met except for the frontage on Lewis
Court. There is no abutting property available to cure the zoning violation.
Due to the unique circumstance relating to this subdivision and the unavailability
of other options to cure the defect, a literal enforcement of the provisions of the
20ning by-law relating to minimum lot area would involve substantial hardship to
the Applicants. and the desirable relief may be granted without nullifying or
substantially derogating from the intent or purpose of the Bylaw and the Board
may grant the relief requested by Variance.
~5/20/2~~4 15:36 5083250078
HOLDGATES
PAGE 02
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05/20/2004 5:3&
5083250878
HOLDGATES
PAGE Ell
To:' Julie Fitzgerald
Fax 508-228-7526
Page One of Two
From: Kathleen Legg
Fax 508-325-0078
508-228-0065
May 20, 2004
Hi lulie:
I've been busy. The following page is the sewer application and permit that was
approved which included second dwelling connections. I had the second lines for both
wa~er and sewer brought in for a second dwelling when I built the house. This should
help. I tried reaching Linda WiJIiams she is currently out of the office, 80 J am faxing her
a copy of the pennit.
~~
Nantucket MA 02554-4309
"'-v To:: Linda Williams, Administrator
. Zoning Board of Appeals
: Fax 508-228-7205
Page One of Two
Rej Application of Kathleen Legg
Property: 14 Lewis Court
Map 67, Parcel 153
AG stated above to Julie Fitzgerald I hope this wilJ help.
Th~ you for your time and attention. If you have any questions, please feel free to call
me,~~
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ZONING: R - 10
MINIMUM LOT SIZE IO,OOt) 0'J:-
MINIMUM FRONTAGE: 75 .
FRONT YARD SETBACK:ZO'
REAR & SIDE SETBACK: /0'
GROUND COVER RATIO: ZO%
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THE STRUCTURES SHOWN
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DATE: A P~/"-' ~, /9 'f.v
PLS
I DATE: r1I'A.I'I.P.. I 9 ~
JOHN J. SHUGRUE INC.
57 OLD SOUTH ROAD
NANTUCKET, MA.02554
FOR: f( ..-?'YN~.c~N .<...-€; (i q.
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NANTUC~ET ZONING BOARD OF APPEALS
, 'TOW.NAND COOliTY BUILDING
", NANTUCKET I MA 02554
ASSESSOR'S LIST OF PARTIES IN INTEREST
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PROPERTYOYU<E~~ -j<L,..JI/Ren ;:: ~s ale<. ~11fp/e
'APPLICANT FOR RELIEF (SAME? L):
ADDRESS. OF PROPERTY : 1'/: ).eWJJ CC:J/.:JY""1
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A~SESSOR t S MAP - PARCEL: "T -
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LIST OF PARTIES INCLUDING ADDRESSES*(OR SEE ATTACHED ~):
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RECEIVED
, BOARD OF ASSESSORS
APR 2 0 2004
r OWN OF
NANTUCKET, MA
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;: 'f I certifY"that 'the foregoing (or the attached __) lis't;:s
all'p~rsq.~s.;', natur.al or le<:?,al, who are ,?wners of abutt~ng
'property., 'owners, of land d~rectly oppos~te on any publ~C
_ or private ':street or way; and abutters of the abutters and
all other land owners within three hundred feet of the
property line'of owner's property, as they (and their
address) appear on the roost recent applicable tax list
(per. M. G'.L. c .40A, section 11 and Zoning Code Chapter 139,
section l3Q-2~D(2)].
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*NOTE: APplicant '(petitioner) 'should include with the lot
~or which zoning relief is sought, any commonly-owned
abutting lots which might become involved in the zoning
matter. List map and parcels for each abutter.
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ATTORNEY AT LAW
4 BARTLETT ROAD
P.O. BOX 2567
NANTUCKET, MASSACHUSETTS 02584
FAX (508) 228-7526
fitzgrld@nantucket.net
TELEPHONE (508) 228-7525
IN HAND
May 5,2004
Catherine F. Stover, Town Clerk
Town and County Building
16 Broad Street
Nantucket, MA 02554
RE: Application of Kathleen F. Legg
Property: 14 Lewis Court
Map 67, Parcel 153
Dear Ms. Stover:
Please certify the date and time of filing of the attached Board of Appeals
Application on the enclosed copy of this letter.
Thank you for your assistance.
Very truly yours,
IleA. FI:t~
Received and entered:
c:i
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ti
Catherine F. Stover, Town Clerk
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cc: Mrs. Kathleen F. Legg
~~
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NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
FEE: $300.00
CASE NO.
APPLICATION FOR RELIEF
Owner's name(s):
Mailing address:
Applicant's name(s):
Mailing address:
Kathleen F. Legg
17 Keel Lane, Nantucket, MA 02554
same
same
Locus address:
14 Lewis Court
Assessor's Map/Parcel:
67/153
Land Court Plan/Plan ~o.k & Page/Plan File No.: 18152
Date lot acquired:~/ld:l 84 Deed Ref./Cert. of Title: ~1 0/24
Uses on Lot - Commercial: None _ Y es (describe)
Residential: Number of dwellings~ Duplex_ Apartments_Rental Rooms
Building Date(s): All pre-date 7/72? or 1984 C of O(s)?3348-92
Building Permit Nos: . 3348-84
,
Lot No.:
49
Zoning District: R-1 0
Previous Zoning Board Application Nos.: N/A
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
See Addendtnll attached hereto.
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: --;;; c---: ~ L. Applicant Attorney/Agent X
(If not owner r ner's attorne , pee enclose proof of agency to bring this matter before the Board)
/ FOR ZBA OFFICE USE
Application-dceived on:_/_/_ By: Complete: Need copies?:
Filed with Town Clerk:_/_/_ Planning Board:-"_/_ Building Dept.:_/_/_ By:
Fee deposited with Town Treasurer:_/_I_ By:
Waiver requested?:_Granted:_/_I_
Hearing notice posted with Town Clerk:_/_/_ Mailed:_/-"_ I&M:_/_/_ & _/_/_
Hearing(s) held on: / / Opened on: / / Continued to: / / Withdrawn?: / /
--- --- --- ---
DECISION DUE BY:_/_/_ Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_
DECISION APPEALED?:_/_/_ SUPERIOR COURT:
LAND COURT
Form 4/03/03
ADDENDUM
Applicant is seeking relief by Variance under Section 139-32A from the
requirements of Section 139-16A (Intensity Regulations - frontage) to validate an
existing lot as separately marketable and buildable. The lot contains 14,451 +/-
square feet in the Residential-10 Zone which requires a minimum frontage of 75
feet. The premises are located at 14 Lewis Court, Assessor's Map 67, Parcel
153, as shown on Plan Book 18, Lot 52. The property is zoned Residential -1.
The lot in question includes parts of three (3) parcels shown as Lots 28 and 28A,
Plan Book 16,. Page 10 and Lot 29, Plan Book 16, Page 61.
These three (3) parcels were acquired by three (3) separate Deeds from Andrew
and Gladys Lewis to George and Marion Reith between 1963 and 1965. The
Deed for Lot 29 included rights to use the 30 foot way which is now known as
Lewis Court. In April of 1972 the Reiths sold all three (3) parcels to Ursula
Holdgate by Deed recorded at Book 137, Page 134.
She redivided the three lots into two (2) lots by an approval not required plan
dated February 12, 1973 and recorded at Plan Book 18, Page 52. Lot 50 has
adequate frontage and area. Lot 49 is conforming as to area and ground cover,
but has 12.64' feet of frontage on Lewis Court.
On February 16, 1973, Lots 49 and 50 were conveyed out of common ownership.
They came back into common ownership in 1977 and were conveyed out of
common ownership again in 1983.
The Applicant acquired Lot 49 in 1984 from her brother Kenneth Holdgate, Jr..
She obtained a Building Permit for a single family dwelling and a Certificate of
Occupancy was issued April 24, 1992. Lot 50 has also been built upon.
The Applicant was unaware that the property might have a zoning problem until
she put it on the market for sale.
The existing structures on Lot 49 do not exceed the allowable ground cover and
all other dimensional requirements are met except for the frontage on Lewis
Court. There is no abutting property available to cure the zoning violation.
Due to the unique circumstance relating to this subdivision and the unavailability
of other options to cure the defect, a literal enforcement of the provisions of the
zoning by-law relating to minimum lot area would involve substantial hardship to
the Applicants, and the desirable relief may be granted without nullifying or
substantially derogating from the intent or purpose of the Bylaw and the Board
may grant the relief requested by Variance.
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THE STRUCTURES SHOWN
ARE LOCATED AS SHOWN.
ct/
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PLS
I DATE: o.r>A/~..2 /9 ~
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ZONING: R. - 10
MINIMUM LOT SIZE IO.OOt) .J'I="'
MINIMUM FRONTAGE: 75 .
FRONT YARD SETBACK:20'
REAR & SIDE SETBACK: 10'
GROUND COVER RATIO: za %
PLOT PLAN OF LAND IN
NANTUCKET, MASS.
SCALE 1 "= 30'
DATE: ApR.-II...- .<.. 1'1 <f..v
JOHN J. SHUGRUE INC.
57 OLD SOUTH. ROAD
NANTUCKET, MA.02554
FOR: f( A?"N~,C.e;N .{,..e; ;; q.
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. NANTDCYET ZONING BOARD OF APPEALS
, . 'lOWN AND COUNTY BUILDING
... NANTUCKET, MA 02554-
ASSE,sSORI8 LIST OF PARTIES IN INTEREST
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PROPERTymfflER: -;<;.dI,/een j:' ~s ale<. -dlL,:pJe
. APPLICANT FOR RELIEF (SAME? L):
1'/:kwJr C0Lr1
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*
*
ADDRESS. OF.PROPERTY:
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A?SESSOR' ~ MAP - PARCEL: to T -
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LIST 'OF PARTIES INCLUDING ADDRESSES*(OR SEE ATTACHED ~):
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RECEIVED
. BOARD OF ASSESSORS
APR 2 0 2004
lOWN OF
NANTUCKET, MA
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;: 'f I certify,-.that 'the foregoing (or the attached ) lists
all,'p~rsq.~s.,.:': natural or le9cil, who are ,?wners of abutt~ng
'property,,:owners, of' land d~rectly oppos~te on any publJ..c
. or private ':street or way; and abutters of the abutters and
all other land owners within three hundred feet of the
property. line. of Owner's property, as they (and their
address) appear on the roost recent applicable tax list
(per.M.G..L. c.40A, section 11 and Zoning Code Chapter 139,
section l3Q-29D(2)].
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*NOTE: APplicant (petitioner) should include with the lot
for which zoning relief is sought, any commonly-owned
abutting lots which might become involved in the zoning
matter. List map and parcels for each abutter.
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Smooth Feed Sheets ™
Charles A. and Jean Hughes
19 Newtown Road
Nantucket, MA 02554
Sandra E. and James P. Hastings, Sr.
P. O. Box 2535
Nantucket, MA 02584
Arthur E. and Jean Egan
9 Waydale Road
Nantucket, MA 02554
Lisa W. Killen
c/o Thomas & Laurie Paterson Tr
43 South Shore Road
Nantucket, MA 02554
Irvin F. Holdgate, Jr.
Susan Ho1dgate
19 Fairgrounds Road
Nantucket, MA 02554
Thomas B. and Karen Craddock
16 Wayda1e Road
Nantucket, MA 02554
Frederick C. Coffin, Jr.
c/o Frederick C. Coffm, Jr. Trust
P. O. Box 68
Nantucket, MA 02554
Paul L. Kepnes, Trustee
Pershing Realty Nominee Trust
22 Richard Road
Marb1ehead, MA 01945
Irvin F. Holdgate, Jr.
19 Fairgrounds Road
Nantucket, MA 02554
eAVERY@
Address labels
George Alan Hughes
4 Lewis Court
Nantucket, MA 02554
Robert J. Ramos
11 Ramos Court
Nantucket, MA 02554
Charles S. Glidden, Jr. & Phyllis Glidden
13 Waydale Road
Nantucket, MA 02554
Brook P. Meerbergen
P. O. Box 673
Nantucket, MA 02554
Barbara M. Thomas Tr
Holdgate-Thomas Nominee Trust
13 Fairgrounds Road
Nantucket, MA 02554
Jerome and Lorraine Vigil
40 Crestview Road
Milton, MA 02186
William F. Puder, Trustee
WKP Realty Trust
P. O. Box 2643
Nantucket, MA 02584
Charles J. Gardner
Box 577
Nantucket, MA 02554
Lee E. Bradley & Mary B. Miller
P. O. Box 3329
Nantucket, MA 02584
Use template for 5160@
Thomas J. Stackpole, Trustee
5 Lewis Court Nominee Trust
5 Lewis Court
Nantucket, MA 02554
Cynthia Murray
P. O. Box 1882
Nantucket, MA 02554
Dennis and Joan M. Santangelo
8 Waydale Road
Nantucket, MA 02554
Barbara M. Thomas Tr
c/o Sarah & Steven J. Holdgate, Jr.
6Yz Lewis Court
Nantucket, MA 02554
Nantucket Electric Company
clo Properties Dept
25 Research Drive
Westborough, MA 01582
J. Curtis Glidden
12 Waydale Road
Nantucket, MA 02554
Edward L. Davis, II
P. O. Box 7
Nantucket, MA 02554
Irvin F. Holdgate, Jr.
Susan Ho1dgate
19 Fairgrounds Road
Nantucket, MA 02554
Barbara M. Thomas Tr
c/o Robert M. Holdgate
6 Lewis Court
Nantucket, MA 02554
laser
5160@