HomeMy WebLinkAbout045-07
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: May
~1
, 2007
To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No.:
045-07
Owner/Applicant: CRANBERRY HOUSE R.E. NOMINEE TRUST, ERNEST R.
DAVIS AND JOHN E. DAVIS, TRUSTEES
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 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.
:l{~tin~-
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME~IMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUG~~T ZONING
BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139::32 :=
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(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONIN~BOARD
OF APPEALS OFFICE AT 508-228-7215. ~
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ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, MA 02554
Assessor's Map 66
Parcel 215
Residential-10
Certificate of Title 21 ,148
13 Doc Ryder Drive
Land Court Plan 28933-M, Lot 113
At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS held at
1 :00 p.m., Friday, May 11,2007, in the Conference Room, 2 Fairgrounds Road,
Nantucket, Massachusetts 02554, the Board made the following Decision on the
Application of ERNEST R. DAVIS AND JOHN E. DAVIS, TRUSTEES of CRANBERRY
HOUSE R.E. NOMINEE TRUST of 20 North Water Street, Nantucket, MA 02554,
Board of Appeals File No. 045-07:
1. The Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning By-
law Section 139-16A (Intensity regulations-frontage). This vacant lot was conforming in
all respects prior to a zoning change at the Annual Town Meeting in April 2007, which
changed the zoning district from Residential-Commercial-2 to Residential-10. The
frontage requirement for lots on a turning circle changed from a minimum of 40 feet to a
minimum of 75 feet. The lot contains about 44.81 feet of frontage on Doc Ryder Drive.
As this lot is held in common ownership with the abutting lot at 12 Doc Ryder Drive (the
subject of the Application in BOA File No. 044-07) there is now a question of merger
given that both lots are vacant. Applicant is asking the Board to grant relief in order to
validate that this lot is separately marketable and buildable from all adjacent lots. The
lot is conforming in all other respects to the dimensional requirements of the Zoning By-
law.
The Premises is located at 13 DOC RYDER DRIVE, Assessor's Map 66, Parcel
215, Land Court Plan 28933-M, Lot 113. The property is zoned Residential-10.
2. Our decision is based upon the application and accompanying materials, and
representations and testimony received at our public hearing. The Planning Board
made no written recommendation, but the staff had indicated to the' Board of Appeals
that they were supportive of this application and that there was no intent to merge the
lots when the change was proposed. Other than the presentation by the Applicants'
representative, there was no public comment presented at the hearing and no letters on
file.
3. Applicants' attorney presented the case for the Applicants. It was suggested
and agreed by the Board that Applicants' presentation should encompass this case and
the companion case in the Application in BOA File No. 044-07. The two properties are
contiguous and due to a Zoning By-law change at the Annual Town Meeting in April of
2007, the two lots are now considered merged for zoning purposes due to the lack of
frontage. Prior to the zoning change to Residential-1 0, the lots were conforming as to
frontage in the Residential-Commercial-2 zoning district. Applicants now seek variance
relief to validate each lot as separately marketable and buildable from all adjoining lots.
Applicants' attorney explained that the zoning change changed lot area from a
minimum of 5,000 square feet to 10,000 square feet and frontage from 40 feet to 75
feet. The subject lot has a lot area of about 19,375 square feet, with a frontage of
about 44.81 feet, and the abutting lot at 13 Doc Ryder Drive has a lot are of about
26,780 square feet, with a frontage of about 44.03 on Doc Ryder Drive. The Applicants
did not realize that the fact that their lots were vacant and held in common ownership
would be create a zoning violation for each lot and the force the unintentional merger of
the lots for zoning purposes. Had this been apparent to the Applicants, they would
have filed for a preliminary plan with the Nantucket Planning Board or conveyed one of
the lots out of common ownership.
Applicants' family has owned the subject lots since 1984 and it was always their
intention to have them developed separately as residential lots. The lots are among the
largest lots in the original "3-M" development and the unique feature of both lots is that
they each have more than 100 feet of frontage on Bartlett Road. At the present time,
the particular section of Bartlett Road abutting their properties to the southeast is not
constructed, but Applicants have the legal right to open up Bartlett Road to the extent
necessary to provide access and frontage, which would be contrary to the original
design of the subdivision with interior roads servicing all of the residential lots.
Applicants state that opening up several hundred feet of Bartlett Road in this rural area,
a portion that separates the residential neighborhood from Miacomet Golf Club, would
have a negative impact on the neighborhood by encouraging vehicular traffic in the
backyards of many already developed properties. Applicants would also have the
ability to subdivide the subject lots if Bartlett Road were opened up as there is more
than enough lot area on each lot to create new building lots. Applicants' counsel
argued that there would be a grave financial hardship created if the lots were forced to
be merged and would create an anomaly in the neighborhood with a larger than
average lot.
4. Therefore, based upon the foregoing, the Board of Appeals finds that in this
unusual circumstance, the By-law change was to ensure that the residential character
of the 3-M subdivision would remain intact once the 3-M private deed restrictions
expired in 2010 that prevented properties from being used for commercial purposes,
notwithstanding the fact that the area was then zoned Residential-Commercial-2. It was
never intended to prevent existing lots from being developed for residential use,
consistent with the existing build-out of the neighborhood. The lots are unique in that
they individually contain lot areas that are in excess of a majority of the lots in the same
subdivision, and they continue to have lot areas in excess of the minimum required in
the Residential-10 zoning district of 10,000 square feet. Additionally, these lots each
have in excess of 100 feet of frontage on the unimproved section of Bartlett Road,
which a majority of the lots in the subdivision do not have access to and any
development of that portion of Bartlett Road would have a negative impact on the
surrounding neighborhood. The Board further finds that due to the unique aspects of
the lots as so stated above, relating to the shape of the lots at the end of the cui de sac
of an already developed subdivision, and the need to maintain a common scheme, all
issues not generally affecting the zoning district within which the lots are situated, a
literal enforcement of the provisions of the Zoning By-law would involve substantial
financial hardship to Applicants 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 the By-law.
5. Accordingly, by UNANIMOUS vote, the Board GRANTS the requested relief by
VARIANCE pursuant to Nantucket Zoning By-law Section 139-16A, to validate the
subject lot, with a frontage of about 44.81 feet, as separately marketable and buildable
from all adjacent lots. Said relief is granted upon the following conditions:
a. Lot 113 will not be subdivided so as to create additional building lots,
without further relief from this Board; and
b. The Lot is configured substantially as shown upon Land Court Plan No.
28933-M as Lot 113, a reduced copy of which is attached hereto as
Exhibit A.
Date: May E-, 2007
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BQARD OF APPEALS will be held at 1:00
P.M.. FRIDAY. MAY 11.2007. in the Conference Room, 2 FAIRGROUNDS ROAD, Nantucket,
MA, on the Application of the following:
CRANBERRY HOUSE R. E. NOMINEE TRUST, ERNEST R. DAVIS AND JOHN E.
DAVIS, TRUSTEES, LLC
BOARD OF APPEALS FILE NO. 045-07
The Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning By-law
Section 139-16A (Intensity regulations - frontage). This vacant lot was conforming in all respects
prior to a zoning change at the Annual Town Meeting in April 2007, which changed the zoning
district from Residential-Commercial-2 to Residential-10. The frontage requirement changed from a
minimum of 40 feet to a minimum of 75 feet. The lot contains about 44.81 feet of frontage on Doc
Ryder Drive. As this lot is held in common ownership with the abutting lot at 12 Doc Ryder Drive
(the subject of the Application in BOA File No. 044-07) there is a now a question of merger given
that both lots are vacant. Applicant is asking the Board to grant relief in order to validate that this lot
is separately marketable and buildable from all adjacent lots. The lot is conforming in all other
respects to the dimensional requirements of the Zoning By-law.
The Premises is located at 13 DOC RYDER DRIVE, Assessor's Map 66, Parcel 215, Land
Court Plan 28933-M, Lot 113. The property is zoned Residential-10.
/2( (V.)~ ~im~ Q )/(' (ill f/:J.-.------
Nancy J. Sevre .. ' C rman
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
1<<1 ([ 2-1
,it(
CASE NO.Iit./)'......C) 7
FE},'. . $300.00
APPLICATION FOR RELIEF
Owner's name(s): Ernest R. Davis.~ ~JciLvv1 g,})o.n ~ ~es ~
Mailing address: 20 North Water Street. Nantucket. MA 02554 ~y,~ ~ ~ Ncth .V-8,
Applicant's name(s): Ernest R. Davis
Mailing address: same
Locus address: 13 Doc Rvder Drive
Assessor's MapIParcel: 66-215
Land Court PlanlPlan Book & Page/Plan File No.: 28933-M Lot No.: 113
Date lot acquired: 03/16/84 Deed Ref.lCert. of Title: 21148 Zoning District: R-I0
Uses on Lot - Commercial: None_ Yes (describe) vacant land
Residential: Number of dwellings_ Duplex_ Apartments_Rental Rooms
Building Date(s): All pre-date 7/72? or vacant C of O(s)?
Building Permit Nos: vacant
Previous Zoning Board Application Nos.: vacant
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 "Exhibit A"
I certify that the inform ion contained herein is substantially complete and true to the best of my
knowledge, under the p 'ns and penalties of perjury.
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Applicant
,-p1e'ase enclose proof f agency to bring this m
a FOR B F CE USE
Application received on:ll/h(1)BY: Complete: Need copies?:
Filed with Town Clerk:~i2:1..cl). Plannillg BO~ll d._I_' _ Building DePt.~~
Fee deposited with Town Treasurer:~"2JifI1 By: (~WaiverJequested?:_Granted:_/_/_
Hearing notice posted with Town Clerk:5f-~cn Mailed:S;..J&5 t!1 I&M:.j,/2fJ.6) &s:'/ZLiJJ
Hearing(s) held on:_/_I_ Opened on:~_/_ Continued to:_/_I_ Withdrawn?:_/_/_
DECISION DUE BY: / 1 Made: 1 1 Filed w/Town Clerk: 1 1 Mailed: / 1
--- --- --- ---
DECISION APPEALED?: 1 1 SUPERIOR COURT: LAND COURT Form 4/03/03
---
SIGNATURE:
(If not owner or owner's att
Attorney/Agent /
er before the Board)
"EXHIBIT A"
L-U, \\)
Applicant's family has owned this vacant lot together with the adjacent vacant lot since
1984. The zoning in this area was R-C, requiring 5000 square feet of area and forty feet
of frontage from 1984 until the 2007 town meeting. At that meeting, the area was re-
zoned to R-I0 requiring 10,000 square feet oflot area and 75 feet of frontage. Applicant
was aware of the proposed zoning change, but inasmuch as locus contains 19,375 square
feet of area and the abutting lot contains 26,780 square feet of lot area, Applicant did not
believe that merger would be an issue. However, the increase in the frontage requirement
from 40 feet to 75 feet has caused a problem. The unusual feature of these lots, is that
they both have frontage on two roads, Doc Ryder Drive and Bartlett Road. Locus has 44
feet of frontage on Doc Ryder Drive and 180 feet of frontage on Bartlett Road. However,
since this portion of Bartlett Road is not constructed, the Zoning Enforcement Officer has
determined that it does not provide practical access to the lot and does not qualify for
frontage. Because the lot only enjoys 44 feet of legal and practical frontage on Doc
Ryder Drive, it is not benefited by any of the grand-fathered provisions of Chapter 139,
Section 33 and therefore is said to be merged with the adjacent lot. Applicant could cure
this technical merger by opening up Bartlett Road so that it offered practical as well as
legal access to his lots. However, this opening up of Bartlett Road would be detrimental
to the residential character of the neighborhood. Therefore, pursuant to Chapter 139,
Section 32, Applicant seeks a variance from the frontage requirements of Chapter 139,
Section 16 reducing the required frontage from 75 feet to 44 feet.
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
I Prop ID
Address
Owner
66 215
13 DOC RYDER DR
DAVIS ERNEST R & JOHN
E TRS
CRANBERRY HOUSE R E
NOM TRUST
PO BOX 1267
NANTUCKET, MA 02554
06/12/1998
$0
C0018/421
0.44 acres
Sale Date
Sale Price
Book/Page
Lot Size
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[;>isctaJmer 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
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Prop ID
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Owner
Sale Date
Sale Price
Book/Page
Lot Size
Page 1 of2
Town of Nantucket Web GIS
66 215
13 DOC RYDER DR
DAVIS ERNEST R & JOHN
E TRS
CRANBERRY HOUSE R E
NOM TRUST
PO BOX 1267
NANTUCKET, MA 02554
06/12/1998
$0
C0018/421
0.44 acres
.
NOT A LEGAL DOCUMENT
a
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
12Ls_claio1er 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
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RECBVED
IOARD OF ASSESSORS
APR I 7 2007
Town of Nantucket
TOWN OF
NANTUCKET, MA
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
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PROPERTY OWNER.......... .77.................................................... .\............. ".
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MAILING ADDRESS............................................................................... ..."
PROPERTY LOCATION...........~. ~......... P. .? ~:........ .'\.'<\.? .~.......~.~.....
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ASSESSOR MAP/PARCEL...........................................................................
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APPLICANT........................ .':-:-..................................................................
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 40A
Section 139-29B (2)
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