HomeMy WebLinkAbout091-06
TOWN OF NANTUCKET
BOARD OF APPEALS
.06
NOV -6 P 3 :47
NANTUCKET, MASSACHUSETTS 02554
'}"(-)V:.f'
Date: )Jd tJ-eun & c?v Cc> , 2~~&
To: Parties in Interest and others concerned with the
-])ecislon- of the BOARD OF APPEALS in the Application of the
following:
Application No.: o9/-oCQ
OYller/Applicant: (/brer a ~or't Ffrtf1hOn ( .~~{) ~.
_Rdi-tnJ/) ~ ~ra&{off S rff-I/'af) I -tVUc:;ree;:
~Px;{IrXJY) FGfmfr f(-fO(7i '1r1J5/
Enclosed is the Decision of the BARD OF APPEALS which has
this day been"iiled 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.
~.Anr 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
com~laint and certified copy of the necision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
\~{P~~<~7U~
)/Jailer.;.:1, v \il>/ Chairman
cc: Town Clerk
Planning Board
~uilding Commis~ioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET
ZONING' BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
12 Hinckley Lane, Nantucket
Assessor's Map 30, Parcel 230
Residential-2
Lot 36, Land Court Plan No. 12022-L
Certificate of Title No. 15,591
DECISION:
1. At public hearing of the Nantucket Zoning Board of Appeals, on
Friday, October 13, 2006, at 1:00 P.M., in the Conference Room in the Town
Building at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following Decision on the Application in BOA File No. 091-06, of MARCIA
YORK BUTMAN, JOHN C. BUTMAN AND BRADFORD BUTMAN,
TRUSTEES OF BUTMAN FAMILY REALTY TRUST, of 8 White Pine Lane,
Lexington, MA 02421-6338,in connection with property known as 12 Hinckley
Lane, Nantucket, Massachusetts.
2. Applicants are seeking a MODIFICATION of the Decision in BOA
File No. 007-01, which granted relief by V ARlANCE under Nantucket Zoning
By-law Section 139-16A that validated the lot as separately marketable and
buildable, without frontage and only accessed by easement. Applicants now
propose to relocate the existing easement so that the property would be accessed
via a new easement in the approximate location of the existing historically used
driveway from the easterly side of the locus to Hinckley Lane over Lots A-2, A-4
and A-5 on Land Court Plan 12257-B instead of across the "way" to the north of
the locus as specified in said Decision. Applicants also propose to acquire an
adjacent parcel of land (see Application No. 092-06) and merge it with the locus
to create a larger lot. The change in the ways servicing the property would give
the Applicants the perpetual right to use their existing driveway. The change in
access would also permit the wetlands within the existing legal access to the
north to be left undisturbed. The lot line adjustment would create no new
building lots and no new nonconformities. The Locus is conforming as to lot
size, setbacks and ground cover.
The Premises is located at 12 HINCKLEY LANE, Assessor's Map 30,
Parcel 230, Lot 36 on Land Court Plan No. 12022-L. The property is zoned
Residential - 2.
3. Our decision is based upon the application and accompanying
materials, and representations and testimony received at our public hearing. The
Planning Board made no recommendation, finding that the application did not
present any issues of planning concern. One abutter present at the public
hearing expressed concern that the change in the easement providing access to
the Applicants' property would affect their right to use a different portion of that
northerly easement. It was explained that this proceeding could have no impact
on an abutter's title or easement rights.
4. The Applicants, through counsel, stated that Lot 36 is recognized
by the Decision in BOA File No. 007-01 as a separately marketable and buildable
lot of record. As part of a cooperative effort involving several property owners
in the immediate neighborhood and many years of negotiations, the Applicants
have been working to gain the legal right and easement to utilize the existing
driveway to the east instead of the "way" shown on Land Court Plan 12022-L as
providing access to Lot 36 from the north. The existing driveway crosses
property known as 10 Hinckley Lane (owned by Marcia Butman, et aI, and
shown as Lot A-5 on Land Court Plan 12257B), 16 Hinckley Lane (owned by
Elizabeth Coolidge, Trustee of the Coolidge Family Trust and shown as Lots A-4
on Land Court Plan 12257-B and Lot B on Land Court Plan 12257-A), and 14
Hinckley Lane (owned by Douglas and Nancy Abbey, Trustees of the Ishmael
Realty Trust and shown as Lot A-2 on Land Court Plan No. 12257-B). The
Coolidge property at 16 Hinckley and the Butman property at 10 Hinckley Lane
are not affected by this decision, other than to recognize that the legal access to
Lot 36 will, by easement, cross those properties. The Abbey property at 14
Hinckley Lane is the subject of the companion application in BOA File No. 092-
06, as part of a lot line reconfiguration.
5. Applicants represented that the use of the existing driveway by Lot
36 will eliminate the need for the way to the north to be constructed through a
wetland and provide a much more direct route to Hinckley Lane. The
Applicants have agreed to relinquish all rights to use the way to the north across
Lot 37 on Land Court Plan 12022-L as a condition of this relief and in exchange
for the new easement being granted by the respective property owners in the
location of the existing driveway as shown on the plans filed with the Board.
6. Applicants stated that they have also entered into an agreement to
acquire Lot A on the "Site Plan of Land", prepared by Charles W. Hart,
registered land surveyor, done on September 12, 2006, a reduced copy of which
is attached hereto as Exhibit A, from their abutter. This land is a portion of Lot
A-2 on Land Court Plan No. 12257-B. The reconfiguration of Lot A-2 by the
conveyance of the land designated as Lot A to the Applicants and the merger of
the balance of Lot A-2 with Lot A-8 on Land Court Plan No. 12257-C is the
subject of the companion case of BOA File No. 092-06. No new building lots
would be created and no new nonconformities would be created. This lot line
adjustment increases the size of the Applicants' property without affecting the
nonconformity, i.e., its lack of frontage. The 30-foot front yard setback applicable
to the new lot resulting from the merger of Lot 36 with the land shown as Lot A
shall be measured along the easterly boundary of Lot A, which boundary is
adjacent to the new legal access to the property. A modification of the Variance
granted in the Decision in BOA File No. 007-01 is needed to recognize that the
land shown as Lot A on the attached plan has been merged with Lot 36 into a
single new lot without frontage but with lot of record status as a separately
2
marketable and buildable lot. All of the reasons for the initial Variance are still
applicable. The Applicants have relied on said Decision, and transferred title to
Lot 40 as contemplated by that decision. To deny them the ability to add more
land to their existing parcel or to legalize the existing driveway would cause an
extreme hardship to the Applicants.
7. Therefore, based upon the foregoing, the Board finds, owing to
circumstances relating to the shape of Lot 36 and the access to it and not
generally affecting the zoning district in which it is situated, that a literal
enforcement of the provisions of the Zoning By-law would involve substantial
hardship to the Applicants given the Applicants' reliance on the prior relief from
this Board and need to legalize the driveway providing practical access to their
property. The Board also finds that the desired relief can be granted without
detriment to the public good and without nullifying or substantially derogating
from the intent and purpose of the Zoning By-law, given that no new building
lots are created and the construction of a driveway through a wetland can be
avoided.
8. Accordingly, by a UNANIMOUS vote, the Board GRANTS the
requested MODIFICATION of the V ARlANCE in the Decision in BOA File No.
007-01 validating the new lot created by the merger of Lot 36 with the land
shown as Lot A on the attached plan, as a separately marketable and buildable
lot for zoning purposes with status as a lot of record without frontage, and allow
a change in the prior required access to now be from the east by easement, based
upon the following conditions:
a, The Applicants shall abandon their rights to use the "way"
across Lot 37 to the north; and
b. The new easement and lots to be combined shall be done in
substantial conformity with Exhibit A.
Dated: November (p ,2006
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
PAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at
1:00 P.M.. FRIDAY. OCTOBER 13.2006 in the Conference Room, 2
FAIRGROUNDS ROAD, FORMERLY KNOWN AS THE NANTUCKET
ELECTRIC COMPANY BUILDING, WITH AN ENTRANCE FROM OLD
SOUTH ROAD, FIRST RIGHT AFTER FAIRGROUNDS ROAD COMING
FROM TOWN WITH ENTRANCE FROM THE FRONT OF THE BUILDING,
Nantucket, Massachusetts, on the Application of the following:
MARCIA YORK BUTMAN, JOHN C. BUTMAN AND BRADFORD BUTMAN,
TRUSTEES OF BUTMAN FAMILY REALTY TRUST
BOARD OF APPEALS FILE NO. 091-06:
Applicant is seeking a MODIFICATION of the Decision in BOA File No. 007-
01, which granted relief by VARIANCE under Nantucket Zoning By-law Section 139-
16A that validated the lot as separately marketable and buildable, without frontage and
only accessed by easement. Applicants now propose to relocate the existing easement so
that the property would be accessed via a new easement in the approximate location of
the existing historically used driveway from the easterly side of the locus to Hinckley
Lane over Lots A-2, A-4 and A-5 on Land Court Plan 12257-B instead of across the
"way" to the north of the locus as specified in said Decision. Applicants also propose to
acquire an adjacent parcel ofland (see Application No. 092-06) and merge it with the
locus to create a larger lot. The change in the ways servicing the property would give the
Applicants the perpetual right to use their existing driveway. The change in access would
also permit the wetlands within the existing legal access to the north to be left
undisturbed. The lot line adjustment would create no new building lots and no new
nonconformities. The Locus is conforming as to lot size, setbacks and ground cover.
The Premises is located at 12 HINCKLEY LANE, Assessor's Map 30, Parcel
230, Land Court Plan 12022-L, Lot 36. The property is zo Residential-2.
~
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OrnER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
"
FEE: $300.00
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
CASE No.O~1 -""diJ
Owner's name(s): Marcia York Butman, John C. Butman, and Bradford Butman, Trustees of Butman
Family Realty Trust
Mailing address: 8 White Pine Lane, Lexington, MA
Applicant's name(s): same
Mailing address: same
Locus address: 12 Hincklev Lane
Assessor's Map/Parcel: 30/230
Lot and Plan No.: Lot 36 on Land Court Plan 12022-L
Date lot acquired: 12/29/92 Cert. of Title: 15591
Uses on Lot - Commercial: None_X_ Yes (describe)
Residential: Number of dweIIings-L Duplex_ Apartments_Rental Rooms
Zoning District: R-2
Building Date(s): All pre-date 7/72?_X_ or
Building Permit Nos:
C of O(s)?
rtlSBe oo? -01
Previous Zoning Board Application Nos.:
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:ihnconflffmities:
See attached addendum
I certify that the information contained herein is substantially complete and true to the best of my
knowl~~~e, u e the I!!.ins and I31n;tlties of~erjury. T / _ _ "!~4 6---4
~t:YY~ rpyJ- ( ~~#\. {". ~ f (!Pf;Vj.rce,y '/ ."II
SIGNATU ~r ~ ~~ licant Attorney/Agent X
(If not owner or ow r's attor ey, please enclo proof of agency to bring this matter before the Board)
Xl FOR ZBA OF CE USE
Application received on:~'JLI.J:!{py: Complete: Need copies?:
Filed with Town Clerk:~~DD.iRg Boara:_/__/_ BUIldmg Dept.:_~By{daJ
Fee deposited with Town Treasurer: 9... -?2"'CJfo. By: t(r2Mvaiver requested?:___Granted:_/_/_
Hearing notice posted with Town Clerk:-i/~ Mailed:3_/21.Li!aI&M::t.i!J? r:ftL & I()/~/dp
Hearing(s) held on:_/_/_ Opened on:_I_I_ Continued to:_I_/_ Withdrawn?:_I_/_
DECISION DUE BY:_I_/_ Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_
DECISION APPEALED?:_I _I_SUPERIOR COURT: LAND COURT Form 4/03/03
Addendum A
The Applicants, in conjunction with the Abbey and the Coolidge families seek to
modify the ways that benefit and burden their respective properties and to
acquire additional land from the abutting Abbey property to merge into their
existing lot.
The Butman family therefore requests a modification of the Variance granted by
the Board in ZBA File No. 007-01 so as (1) to reflect that Lot 36 on Land Court
Plan 10022-L will be accessed via a new easement in the location of the existing
driveway from the easterly side of Lot 36 to Hinckley Lane over Lots A-2, A-4
and A-5 on Land Court Plan 12257-B instead of across the "way" to the north of
Lot 36 as shown on prior Land Court plans, and (2) to permit Lot 36 to be
merged with the land shown as parcel'1Jf' on the attached plan into a new,
larger lot. The change in the ways servicing the property will give the applicants
the perpetual right to use their existing driveway, and a copy of the easement
that will be recorded if this relief is granted is attached. This change of access
will also permit the wetlands within the legal access to the north to be left
undisturbed. The lot line adjustment creates no new building lots and no new
non-conformities. The non-conformity of Lot 36 as a lot of record with no
frontage on a street as defined in the Nantucket Zoning By-law, as validated by
the Variance granted in 2001, will not change.
Town ot Nantucket Web GIS - Printable Map
Oi!i<:!gif1l~[ The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket Map Composed
r........,.,_..........h;,- ......~.......................;........ c...................... Ir'""TC-\ .............h....,.......
http://host.appgeo.cOmlnantucketmalPrintableMap.asPX?Preserve=Width&Map Width= 172... 9/21/2006
Prop ID
Address
Owner
30 230
12 HINCKLEY LN
BUTMAN ROBERT C TR
C/O BUTMAN BRAD
35 CLOWES DR
FALMOUTH, MA 02540
12/29/1992
$0
C0001/5591
0.49 acres
Sale Date
Sale Price
Book/Page
Lot Size
Page 1 of2
Town of Nantucket Web GIS
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Town of Nantucket, Mass
! 1
, i
TOWN OF NANTUCKET
0926.]3
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
February /2- , 20 01
To: Parties in Interest and. Others concerned with the
Decision Of the BOARD OF APPEALS in the APPlication of the
fOllowing:
APPlication No.:
Owner/ApPlicant: MARCIA YORK BUTMAN, ET AL AND ROBERT C.
BUTMAN, TRUSTEE OF BUTMAN FAMILY REALTY TRUST ~
007-01
EnClosed is the Decision of the BOARD OF APPEALS which has
this day heen filed in the Office of the NantUCket TOwn
Clerk.
An Appeal from this Decision may he taken pursuant to
Section 17 of Chapter 40A, MassaChusetts General Laws.
Any action appea'ing 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.
Micha
Chairman
cc: Town Clerk
Planning Board
BUilding Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING" TO NANTUCKET
ZONING BY-LAW ~139-301 (SPECIAL PERMITS), ~139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
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092633
NANTUCKET ZONING BOARD OF APPEALS
37 Washington Street
Nantucket, Massachusetts 02554
Assessor's Map 30, Parcels 237 & 230
12 HjnclcJey Lane; Gosnofd Road
Residential_2 District
L.C. Plan J2022-0, Lot 40
L.C, Plan J2022-L, Lot 36
Certificate of Titles No. 8165
and 15,591, respectively
DECrslON
I. At a pubfic bearing of!be Nantucket Zoniug Board of AppeaJ., beld on
Friday, January 12, 2001, m Ih. CO...........1Ioom. Town ^"- Buijding, 37
Washington Slreel, NlUIlucket, Massacl1usett., on the applka'ion. of MARCIA
YORK BUTMANfet al and ROBERT C. BUTMAN, Tnastee of BUTMAN
FAMILy REALTY lRUST, c/o VauBhan, DaI. and Hunter, P.C., P.O. Box 659,
WbaJer', Lane, NantuCket, Massacb....... 02554, BOard of Appeals HI. No. 007-
01, the Board made the rOUOwing Decision:
2. Th. Appficao.. are seelcing relief by VARIANCE under NlUIlucket Zoning
By-law Section 139-16A ("easily regulations). The Applicao.. are seeking
refiefin order to validate each of two (2) lots Owned by the Applicants as
SCP8r>lely mark.tahl. and huildable, or, in !be alternative, a detesmination that !be
lots have not merged and thaI no VARIANCE relief is necessa.y, Mlh each lot In
be treated as a Lot of ReCOrd. Applicants currently own a 3.67+/_ acre
COnfornting ""- lot. They also own an adjacenl 21,179+/_ square fOol lot.
improved with a single-family dwelling that is said to pre-date the 1972
enactment of the Zoning By-law, that is non-conforming only as to the minimum
frontage "'IWrement on5 rect. The dwelJin& is said 10 have been comtructed
during a time when the subject lots were held in separate ownership, The
Premi,es are located at Gosnold Road and 12!UnckJey Lane; Assessor', Map 30,
Parcel, 237 and 230, respectively; Land Court Plan 12022..0, Lot 40 and Land
Court Plan I2022-L, Lot 36, The property is zoned ResidentiaI_2.
3. Tho Appficants, being !be owner, oftwo (2).djacenl lois, and arguably
bc:Id Mthin their pow..- and control, have fifed tlU, 'mgle application by COnsent
of the Iloant of AppeaJ, The Lots in question COnsist ofLo.40 on Land Court
Plan 12022-0, situaled on Gosnofd Road, Assessor', Map 30, PirceJ 237 C'Lot
40"), and Lot 36 on Land Court Plan 12022-L, situated at 12 Hineldey Lane,
Assessor's Map 30, Parcel 230 C'Lot 36"). Lot 40 is a vacant 101. Acconfiug to
the Assessor', record" Lot 40 COl1tlIins about]A acres or 146,614+/_ square f....
Lot 40 exCOed. th. mUlimum frontage lOCJUlremeat. of75 feet reqWre<J m 'bi,
zoning district. Thu. Lot 40 complie, with tbe dimensional rcquiremeots for lb.
dOT."" Tn,...." ("I~I
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0926:?3
Re.idemial_ 2 zoning di<trict in \Y!Uch both Lot 40 and Lot 36 are ';Iuated, which
coosisr. of. nUnUnum of20,ooo 'quare feel of lot ..... and . minimum of75 feet
of frontage. Lot 36 is improved with a dwelliog, pre-existing tI1e 1972 etTectiv<
date of tI1e Nantuclret Zoning BY-law. ACCOrding to tI1e Assessor', record~ Lot
36 COmalns 21,1_1_ SQUare feet, however has no frontage on . street as required
by the Nanrucket Zoning BY-law. Thu~ Lot 36 i, noo-ooaforming as to &o.u.g~
aCCess being by USe of abutter's drive. An unconstructed Land COUrt way
providing direct legal access 10 Hincldey Lane furtller benefit. Lo136. ApPlioanto
are currently seeking an Order ofCooditions from the Nantucket COnservation
Commission Permitting the co_on of Said Way. The single lluni1y dwelting
improving Lol36 is COofunniog IS to setback.. and grOUnd~ llIlio, having a
ground_er of 1,248+1- SQUare feet in a Zoning District wIIere 2.647+1- square
feet is allOWed, given the size of Lot 36. The Applicants ask the Board of
AppeaJ, in their ApP/ic:atioo to i..... reliefby VARIANCE to validat. each of
Lots 40 and 36 IS · _.10' from each other, ... in th. a1'ernative. a
determination that th. Lots have not mCtEed and that no VARIANCE relief is
needed, with each Lot to be treated as a Lot of Record.
4. Our Decision i, based upoo the Apptication and ",eoR1panyiog materials.
represenlalio.. led testimony receM:d at the Public Hearing. The P1llIlning
Board tcCOmmendation was in th. alIinnative and for a1lowan.. of the Variance
There was no Oppo.sition pr....led in JlCnon or by colTCSpond.... at the Public
Hewing and no letters in...peer afthe Applicalion in the Zoning Bo"'" m..
5. As presenled by lh.legaI COUnsel for the Applicants, Lot 36 has belonged
to the itnOlCdiate Wnily of the AppJicao~ Robert c. Butman. since 1953. Lot 36,
IS part of a 1"'8.rtract of land prior to the date it was created, Auaust 27, 1951,
has been in the Butman family sine. the lat. 1920.. B_ 1950 and 1953,
through a series of gifts and deeds, Lot 36 was vCSted in Olive and Robert Butman
and they proceeded to construct the dwelling. which still exists today. It is a
,;mpl. 0.. and a hair story COllage. In 1992, th. BUlman Family NOminee TruSl
was created with Robert C. Bu.... _ed !rustee w;!h h;,n..1f and his three (3)
childr.n. Marcia, B<adfurd and Jolm Illlmcd IS the initial beneficiaries. Between
1992 and 1998, as part offBmily and _. plllllning, lb.,hn:c (3) children IYerc
vcoted w;th larger and l"'8er hcnc6cia1 interests, which resulted in them being the
thre. (3) sol. benefic:iaries w;th equal sh...... Until 1998, the father, R.bert
Butman. retained a beneficial lntercot. Meanwhile, in 1968, Olive and Robert
BUlman purchased the Irljacent Lot 40, \Y!Uch had up to that lime had a SC)lata1.
till. histOf)' from Lot 36; each 10' was derived from a _. Land Court Case
and - ..Id separately upon ita OWn Certificat. of Till.. Arguably, the Lots
merged for zoning purposes IS a conacquence of the tnutwd o_p. In 1917,
as part of the Butman family estate planning procedures, Olive and Robert
BUlman gifted Lot 40 to thclr three cbiJdreo. Maraa, Bradford and lobo. Th.
Town ofNantuck.t conaistcnlly up to the Present lime has seParately ....ssed
rJ (' T ~'" "'''I " ,... ,.,.~.
092633
each lot The Butman family has used the eottage upon Lot 36 during each
su...... and " >ariaus times of the ~ sinee It was built. The AppliCants,
through counsel. submitted Pbotographs doring 'be Public Hearing dating back to
constmction of the house in 1950. The Applicants now wish to sell Lot 40 10 the
Nantucket Islands Land I3ank and if Lot 36 Wore 10 be consideced as l1IO<ged with
Lot 40, they Consider it likely that thi. pro-. buyer, or any JlIOSpcctive
buyer for thallllatter. -.Ie! _ a FINDING or V AIUANcB 10 insure that
Lo'40 were a SCparate buildable and marketable Lot of Record. Inasmuch as Lot
40 has the frontage, lot area and upland to be subdivided. an alternative the
But_ family must c:on..ider if tbis Board cbOOc not to provide the Applicants'
requested relief. WOUld be the Jubdivision of Lot 40 in a """- that provided LOI
36 wilb frontage on Gnsnold Road, This WOuld tesu1t in at least three (3) building
Jols including the newly recontigured Lot 36. However. the AppHcants _er that
Lot 40 be placed in coOSCtvancy willt Nantucket Islands Land IIant and let!
furever unimproved. In Ibis respect. the ApPlicant. oftbred 10 place restrictions
upon Lot 40. as part of a lavorable decision by Ibe Board of Appeals The
Applicants oflen:d. Ihrough their COUnsel. that Lot 40 WOU/d be limiled to a single
building lot with a single dwelling. A-.Jingly, the totallDlmber of dwelling,
upon Lot 40 and Lot 36 WOuld be a lOla' of three (3), one (I) upoo Lot 40 and a
PrimiUy and second dweJJing upon Lot 36, the _ of dwer1ings allowed as a
matler of right UDder lite CUrrent Nantucket Zoning By-law. :n,;. number is half
lhe number of dwdlings that COUld be COllStructed upon lhe entire property,
pu........llo Ibe NantucIcet Zoning By-law. iflt """" merged logether as a single
lot and then subdivided off Gosnold Road.
6. Under the circumstances presented to the Board, the Board find. that
owing to circumstances relating to lhe shape ofLo. 36 and CSl'CciaJlyatll:<:ting
Lot 36 but no. affecting _ally the _ng distrid in which it Is situated,
consisting of lire configuration of the erlsting dwclling upon Lot 36 whi"" was
constructed and has ~ Used COnsistenlty since 1950, ..ime Jlte-dating botb the
adoption of the SUbdivision Control Law in the CommOnwealth ofMassachu.etts
and zoning regulations in. the Town of Nantucket and lire topo~ca1
circu...-., thaI Lot 40 and Lot 36 are elkctiveIy bifurcated by. _'ed
bordering wetland, tbat alitef3! enfor_... of the provisions of the Zoning By-
law would involve substanlia1 bardship 10 the ApPHcants, in Ihal they WOuld no
longer afford '0 he able to keep and enjoy the existing cottage if the combined
Lois 40 and 36 """" to be sold as a single lot, and that the desired reHefmight he
&ranted without sub_tial detriment to the public good and without nul/ifying
and substanlia!Jy derogating from lbe intent and flWPose of the By-law, in tbat;
COnditiOned as set fo<tit belnw, the proposed V ARlANcr WOuld have the etl'cct
of limiting the tnlal number of dwellings by law and would benefit 1Ire_
welfare oftbe inhabi..... oftbe Town nfNantucket generally and lire
neigbbomood sl'eCifica/ly by reducing density, preserv;ng. huJ!e of!root of land
as open space and restricting lhe placemenl of structures upon Lot 40..
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092633
7. A<<:ordingly, by a mle ofFou. (4) in Fa""r, (O'Maca, S-. Sanfunj,
Hourilw,) and One (l) OPPO'ed. (Mulphy), the lJoard of AJ>Peal, GRANTED the
requested V AlUANCE relid; &om the Intens;ty regulatio.. ofNa"uclcer Zonins
By-law 139. J 6.4, for Lo, 36, VIllidatinS it as a separately marJe_Je and
bWIdable lot for >oiling pwpo,.. with a "'Ius of a Lot of R.conf. wi'b .
structure upon i, as now existill& subjoa to the foUowiog conditions, w1Uch the
Applicants agreed would burden Lot 40:
,.
a. Tbe~ will be no more than one dVveUing unit constructed or
. permitted to exist upon Lot 4.0,
8. ," b1aamucb as Lot 40 ~ to the di_onaI ~, of the
Z~ By-law, the Board /ind> tbat it needs 00 reJief (...,.", for the V AlUANCE
rcficOf gramed to LOt 36 as ... ronb above) in order to vudate its status as a
""""teiy marJec:1i.bJe and buildable Lo~ and for fha, reason, the requeated
V AlUANCE for lot 40 was d!Died by the Bllanl of Appeals, by a ""le of JOur (4)
, .. fa..,., (O'Maca,' Se......., SanfOrd, Hourihan) and one (I) OPP<>oed, (Murphy),
'. " for tbe reason tbat.oo relief \Vas necessary; Provided. however, .bat the COnditions
of t1Us Decision for the Sr:uttiog of the VARIANCE for Lot 36 shall .also burdeo
';. Lot 40, as agreedby the Applicants,
D~ted: February -1k 2001
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.RECElWD '
BOAAo OF ASSglOM
SEP 0 8 2006
TOWNOF ....
NANTuCKET, MA
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z..ONING BOARD OFAPPEALS
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LIST OF PAR TrES IN INTEREST IN THE MATTER OF THE PETITION OF
PROP ER TY OWN ER.. ...... ~ .~!!:\ A.."q..J ~~.f-~..s
MAILINGADDRESS.......*. ..Ph;( k.~., ":.~.... ..,. ". ....
PROPEiny LOCATION......... t.?:.. .l:h.~, ~ ~..~~.~... .,..........
ASSESSORS MAP/PARCEL..... ". ,}.() /~.,3. P......,.......................
APPLiCANT.............. 5~......,............ '" ...........,....... ........
PHrt URICK AND AVERY llP
P () BOX 148
ZUi( J I'v1H', ':i THEET, 2ND FLOOR
r.j/,r ,[ UC>ET MA 02554
SEE ATTACHED PAGES
I cen i fy that the foregoing is a list 0 f persons who ace OWners of a butting propeny, OWners 0 f
I and direct I y oppos; te On any pu b lic or po Vate street 'Or way; and a bu tters 0 f the abutters and all
other I an downers w; th in 300 feet 0 f th e propeny /in ear OWn er' s pro peny, a II as th ey appear on
the most recent applicable tax list (M.G.L. c. 40A, Section II Zoning Code Chapter 139.
Section I 39.29D (2)
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