HomeMy WebLinkAbout021-02
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
UU rr€.-. I? ' 200..2..-
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Owner/Applicant:
oo>.l-o~
l>Qrw"),'s A. '\'J,~s
Application No.:
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.
~U~ S ~cA~k
n 0/ ~S) ehairman
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 ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
Assessor's Map ao
Parcel 51.3
LUG-3
Land Court Plan 37096-B, Lot 1
Certificate of Title No. 7709
2 Tripp Drive
At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 :00
P.M., Friday, March a, 2002, in the Conference Room, Town Annex Building, 37
Washington Street, Nantucket, MA on the Application of DENNIS E. DIAS, with a
mailing address of 2 Tripp Drive, Nantucket, MA 02554, Board of Appeals File
No. 021-02, the Board made the following Decision:
1. Applicant is seeking relief by VARIANCE under Nantucket Zoning By-Law
Section 139-16A (Intensity Regulations - minimum lot size) to validate the 1.2
acre parcel as separately marketable and buildable from adjacent land. The
Locus is an undersized vacant Lot situated within a district that requires a
minimum lot size of ao,ooo square feet. The Locus was benefited by a grant of
similar relief in BOA Decision 014-99, with one (1) six-month extension having
been granted in March of 2000. The property was transferred to the Applicant in
a timely manner. However, due to a change in personal circumstances, a
building permit was not pulled within that time period in order to activate the
Variance. Relief has therefore arguably expired. Applicant is seeking the same
relief in order to construct a single-family dwelling and garage apartment that
would meet all other dimensional zoning requirements.
The Premises is located at 2 TRIPP DRIVE, Assessor's Map ao, Parcel
51.3, Land Court Plan 37096-B, Lot 1. The property is zoned Limited-Use-
General-2.
2. The Decision is based upon the Application and the materials submitted
with it and the testimony and evidence presented at the Hearing. The Planning
Board made a favorable recommendation on the Variance request. However,
they were opposed to any allowance of a garage apartment. In 1999, the
Planning Board had allowed this undersized lot, the remaining parcel in a family
owned subdivision, to be built upon, subject to the clear condition that there be
only one dwelling unit on the Locus. The Planning Board felt that the Zoning
Board of Appeals should not try to supersede that decision as only the Planning
Board had jurisdiction over conditions imposed on a subdivision plan. There were
no letters received regarding this matter at this hearing. Though the record of the
previous BOA File No. 014-99 was incorporated and referenced at this hearing.
There were several letters from abutters and abutters present at the original
hearing held on March 12, 1999, that expressed their support for the Application.
There was no opposition expressed then or now. Said original Decision was not
acted upon in a timely manner by the Applicant due to a change in personal
circumstances. Variance relief must be activated within one year from the date of
filing with the Town Clerk. Applicant is now before this Board seeking the same
relief as previously granted.
3. The Applicant represented that this was the last vacant lot situated on a
private road within his family owned subdivision. On January 25, 1982 the
subdivision was created with the subject Lot having a prohibition against
construction of a dwelling unit as part of the recorded covenant in "Tripp Drive
Subdivision Planning Board File #2310". The other lots within said subdivision
were all created so as to have a minimum of 80,000 square feet of lot area as
required in the LUG-2 zoning district within which the lots are situated. However,
Applicant's Lot contains only 44,476 square feet of lot area and is thus deficient
as to the minimum required lot area.
Applicant sought and received a Modification of said covenant from the
Planning Board, granted on February 10, 1999, which released this Lot and
allowed it to be built upon with the condition that there be only one dwelling unit
on the Lot. However, Variance relief is still necessary from this Board to enable
Applicant to build a dwelling on the subject Lot, and to validate the Lot as
separately marketable and buildable, due to the Lot being undersized. The
Planning Board stated at the time of release, that it was unclear about the
purpose of initially creating the unbuildable one-acre parcel at the entrance to the
subdivision. The Planning Board cited evidence in their file that indicated that
there was confusion in 1982 about the impact of the easement that bisected the
Lot, on the buildability of the Lot and restricted the use accordingly. Title was
transferred to the Applicant in a timely manner, so the issue of marketability has
been addressed, leaving the Applicant now with an unbuildable lot without relief
from this Board.
It has since been learned that the easement that runs in favor of the Town
of Nantucket, is only for the servicing of the main sewer force main that runs
under the property, and several properties starting at Surfside Road to the north
and running south to the Waste Water Treatment Plant. The property owners
have the right to use their properties for all uses allowed in that district and can
build right up to the easement boundary. It was not a road as previously thought.
Based on the fact that there were several more recent subdivisions that were
also accessed from South Shore Road, with no buffer zones, similar to the one
placed on this subdivision, having been required for any of them, the Planning
Board further concluded that this pattern was not useful at this location anymore.
In conclusion, that Board stated that there was no density bonus given in 1982
for setting aside this parcel and found that the escalating cost and lack of
available land on Nantucket would likely preclude such a Decision today.
The Planning Board approved the Modification in 1999 based upon the
following conditions:
1. Variance relief would need to be received from the Board of
Appeals and filed with their Decision.
2.
Locus.
Applicant would be restricted to one single-family dwelling on the
3. Vehicular access to the property would be restricted to Tripp Drive
and no curb cuts would be allowed on South Shore Road to the subject Lot,
identified as 'Lot 1" on the subdivision plan.
4. The Applicant stated at the original hearing that he would be willing to
abide by those conditions. However, Applicant was married at the time and had
two incomes to support a single-family dwelling. Applicant is now the sole owner
of the property and in this new Application has asked to be allowed to construct
an attached garage apartment to help support the property. After much
discussion about the above stated Planning Board conditions and this Board's
concerns, Applicant agreed to withdraw his request for the garage apartment,
which the Board allowed by unanimous vote, and without prejudice.
Applicant represented that there was a mixture of lot sizes in the LUG-2
zoning district that were all serviced solely by South Shore Road. Many lots pre-
dated the 1972 enactment of the Zoning By-Law or were part of subdivisions that
were under freeze periods. Many lots were less than two acres, with some less
than one acre, and many improved with primary and secondary dwelling units.
The Lot was also situated proximate a 34-lot one-acre subdivision that was also
located within the LUG-2 zoning district. Therefore, Applicant stated that his Lot
would not be out of character for the area. Many of those lots in said subdivision
were also benefited by similar Variance relief from this Board to make them
buildable. He would suffer extreme financial hardship should he not be allowed
to build on the last parcel still owned by the family due to the high cost of
purchasing land on the open market. He explored the option of purchasing an
abutting piece of land from another family member but that would have adversely
impacted that parcel and render it non-complying as to zoning. The Lot to the
south was offered to the Applicant, but was at a price far in excess of what the
Applicant could afford. That lot has since been sold to a new owner.
5. Therefore the Board finds that Variance relief can be granted to validate
the Locus as a separately marketable and buildable lot containing one single-
family dwelling and that the size of the Applicant's Lot would be consistent with
the surrounding neighborhood. This finding is based upon the determination by
the Board that the surrounding lots have no restrictions regarding secondary
dwellings and, therefore, they have the potential to contain one dwelling unit per
40,000 square feet, equivalent to the Applicant's proposal. The Board also finds
that the Lot is unique in its relationship to the other lots in the same subdivision,
and with the sewer easement bisecting it, which affects only this Lot. The Board
further finds that the Lot has been treated as separate from the adjacent lots,
with a separate title and tax history since the time of the 1982 subdivision. With
the proper restrictions placed on the Lot, as outlined in the Planning Board
release of the Lot, this Board finds that they would mitigate any grant of relief by
Variance and would be consistent with several other grants of similar relief in the
immediate area.
In conclusion, the Board finds that owing to circumstances relating to the
soil conditions, shape or topography of such land and especially affecting such
land but not affecting generally the zoning district in which it is located, a literal
enforcement of the Zoning By-Law would involve substantial hardship, financial
or otherwise, to the Applicant and 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. The Board notes that if
relief were not granted, the Applicant would be left without an affordable place to
live. The relief is appropriate in this instance and can be granted, providing a
benefit to the Island by allowing a young person to be able to afford to own a
home on the Island.
6. Accordingly, by UNANIMOUS vote, this Board GRANTS the VARIANCE
RELIEF requested under Nantucket Zoning By-Law Section 139-16A (Intensity
Regulations - minimum lot size) to validate the Locus, as separately marketable
and buildable from all adjacent property. The grant of relief is conditioned upon
the following:
a. There shall be only one dwelling unit on the Locus; and
b. Access to the Locus shall be restricted solely to Tripp Drive with no
curb cut onto South Shore Road.
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETIS 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 PM., FRIDAY, MARCH 8, 2002, IN THE CONFERENCE ROOM,
TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the
Application of the following:
DENNIS E. DIAS
BOARD OF APPEALS FILE NO. 021-02
Applicant is seeking relief by V ARlANCE under Nantucket Zoning By-Law
Section l39-l6A (Intensity Regulations - minimum lot size) to validate the 1.2 acre
parcel as separately marketable and buildable from adjacent lanel. The Locus is an
undersized vacant Lot situated within a district that requires a minimum lot size of 80,000
square feet. The Locus was benefited by a grant of similar relief in BOA Decision 014-
99, with one (1) six-month extension having been granted in March of 2000. The
property was transferred to the Applicant in a timely manner. However, due to a change
in personal circumstances, a building permit was not pulled within that time period in
order to activate the Variance. Relief bas therefore arguably expired. Applicant is seeking
the same relief in order to construct a single-family dwelling and garage apartment that
would meet all other dimensional zoning requirements
The Premises is located at 2 TRIPP DRIVE, Assessor's Map 80, Parcel 51.3,
Land Court Plan 37096-B, Lot 1. The property is zoned Limited-Use-General-2.
~2!ka~
TIllS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
~~'Bo.\ IOn! J.-8~
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ADDENDUM
Applicant is seeking relief by V ARIANCE under Nantucket Zoning By-Law Section
139-16A (Intensity Regulations - minimum lot size) to validate the 1.2 acre parcel as
separately marketable and buildable from adjacent land. The Locus is an undersized
vacant Lot situated within a district that requires a minimum lot size of 80,000 square
feet. The Locus was benefited by a grant of similar relief in BOA Decision 014-99, with
one (1) six-month extension having been granted in March of 2000. The property was
transferred to the Applicant in a timely manner. However, due to a change in personal
circumstances, a building permit was not pulled within that time period in order to
activate the Variance. Relief has therefore arguably expired. Applicant is seeking the
same relief in order to construct a single-family dwelling and garage apartment that
would meet all other dimensional zoning requirements.
The Locus is part of a family compound, located on a private road, and purchased from
the Applicant's grandmother. Due to a divorce the Applicant was unable to improve the
Locus until that litigation was completed. The Planning Board released this Lot from a
prohibition on buildability at a previous meeting in relation to the previous ZBA hearing.
That release is permanent.
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETIS 02554
Date:
March IS-: 2000
TO: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of
the following:
APPLICATION NO.:
014-99
OWNER/APPLICANT:
STEPHANIE AND DENNIS DIAS
Enclosed is the Decision of the Board of Appeals which has this
day been filed with the Nantucket Town Clerk. This Decision
provides a CLARIFICATION (not a Modification), an EXTENSION, or
authorizes a TEMPeRARY PERMIT under Nantucket Zoning By-Law
~139-26H, with NO twenty (20) day appeal period required.
W-f. t:J-~
Chairman
cc: Town Clerk
Planning Board
Building Department
.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
Catherine Stover
Town Clerk
Town Building
16 Broad Street
Nantucket, MA 02554
March 10, 2000
RE: DECISION IN BOARD OF APPEALS FILE NO. 014-99
Dear Ms. Stover;
Please be advised that at a duly noticed Public Hearing held
at 1:00 P.M., Friday, March 10, 2000, in the Conference Room, Town
Annex Building, 37 Washington Street, Nantucket, Massachusetts, the
Board considered the attached request for a six (6) month extension
on the Variance relief granted in the above noted Decision.
The Board, by a unanimous vote, GRANTED the six (6) month
extension on said Variance relief, originally filed with the Town
Clerk on April 30, 1999, and due to expire on April 30, 2000. The
extension shall run from the date of expiration of the Decision until
October 30, 2000. Should Stephanie and Dennis Dias, or their
successors-in-title, not activate the Variance by October 30, 2000,
relief will be deemed expired under that Decision. The property is
situated at 2 Tripp Drive, Assessor's Map 80, Parcel 51.3, Land Court
Plan 37096-B, Lot 1, Certificate of Tile No. 7709.
There is no new twenty-day appeal period engendered by this
extension.
--
Dated: March /5 , 2000
w~__ ~~~
encl.
Stephanie and Dennis Dias
6 Tripp Drive
Nantucket, MA 02554
Nantucket Zoning Board of Appeals
Town Annex Building
37 Washington Street
Nantucket, MA 02554
March 10, 2000
RE: DECISION IN BOARD OF APPEALS FILE NO. 014-99
Dear Board Members;
We would respectfully like to request a six (6) month
extension of the time limit on our Decision. Our Decision is due to
expire on April 30, 2000, having been filed with the Town Clerk on
April 30, 1999.
We were initially unaware that the Decision expired on the
one (1) year anniversary date. We have been held up on starting
construction as it took longer than we had thought to transfer title
of the property to us as well as arrange for affordable financing. We
are now in the design stage and should have the Building Permit in
hand prior to the end of the extension on October 30, 2000 at the
latest. We are now aware that should we not have pulled the Building
Permit by that date, the Decision would expire and we would have to
reapply to the Board for another Variance with no guarantee that we
would receive the same relief.
We would appreciate the Board's consideration of this matter
at the regularly scheduled meeting on March 10, 2000. We thank you
for your help.
~1Y.' ,~
Stephanie and Dennis Dias
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Town of Nantucket
ZONING BOARD OF APPEALS RECEIVED
BOARD OF ASSESSORS
FEB 0 5 2002
TOWN OF
NANTUCKET, MA
LIST OF PARTIES IN INTEREST IN THE MATIER OF THE PETITION OF
PROPERTY OWNER.. .~. r\..\..~..... \).~...q??...........
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MAILING ADDRESS... ... ... "r;'" ..................... ...... "0" .. "I..' .............
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PROPERTY LOCATION................................ .r.................................
ASSESSORS MAP/PARCEL....... QQ8Q..~...Q .S.\...~..:5....
APPLiCANT.................................................................................. ..
SEE ATIACHEO 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 139-290 (2)
.......... ~ j.6/0J...........
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DATE
ASSESSOR'S OFFICE
Town of Nantucket
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5082287235
NANTUCKET PLANNING
PAGE 01
--
NANTUCKET PLANNING BOARD
MODIFICATION OF TRIPP DRIVE SUBDIVISION
PLANNING BOARD FILE #2310
February 10,1999
The Planning B02'ird of the Town of Nantucket, at its February 8, 1999 meeting, considered an application by
DeMis E. and Stephanie Dias to modify the conditions of the decision approving the Tripp Drive subdivision.
This subdivision :N3S approved on January 25, 1982. The Board hereby APPROVES the requested modification
based upon the f1l1dings and conditions as follows.
MODIFICATION REQUESTED
The applicants seek to remove the following condition from the decision:
"f. That a provisil>n be ine1uded in the covenant which makes it clearly understood that lot 1 cannot be built upon
under curront zo~ing and that the restriction be included on all deeds out and shall survive the normal release
procedures under Section 81-U" (letter to Ernest E. &. Catherine E. Tripp from Donald T. Visco dated January
26, 1982);
and modify the covenant by deleting the following condition:
"4) It is agreed alld understood that Lot one on said plan cannot be built upon under cunent zoning regulations,
and the approval and endorsement of this plan by the Planning Board is not to be construed as making Lot one a
buildable lot".
FINDINGS
The Board acknowledges that the applical1ts have voluntarily offered to restrict the use of Lot 1 to one single-
family dwelling ~'nly . The Board notes that the applicant's property and surrounding neighborhood is located in
the Limited Use Oeneral-2' (LUG-2) zoning district, which requires a minimum lot size of 80,000 square feet.
The Board finds fhat with the proposed single-family home restrictio~ the density of the applicant's lot will be
consistent with that of the sUlTOunding ne~ghborhood. This finding is based upon the determination that
sUlTOUnding lots have no rostrictions regarding second dwellings and, therefore, have the potential to contain one
dwelling unit per; 40.000 square feet, equivalent to the applicant's proposal.
The Board reviev.(ed a map of the area and noted the fact that there are a mixture of lot sizes in the general
vicinity and an atea of one acre lots in close proximity to the applicants property.
The Board fmds that the applicants must seek a variance from the Zoning Board of Appeals (ZBA) to validate
the ability to con;>tnlct a dwelling $ince the applicants' lot, at 44,416 square feet, is deficient as to the minimum
required area.
1 EastChQtnut Street . Nantucket. MA 02554 . (508) 228.723S . fax (508) 228-7236
....1: nanplarOwduoket.net
02/22/1999 17:31
~ -
5082287236
NANTUCKET PLANNING
PAGE 02
The Board is unclear about the pwposc of initially creating the unbuildable oneaacre parcel at the entrance to the
subdivision. The Board assumes that it was created as a buffer area and because it may have been assumed by
tho original devolopers to be unusable due to the fact that the Town of Nantucket sewer line runs beneath the
land. There is cv.idonce in the Planning Board files that there was a significant amount of confusion regarding
the status of the $cwer line, as it had historically been utilized as an unofficial roadway.
The Board fmds 1hat adjacent property bas not created similar size buffers along South Shore Road and,
therefore, this pattern is not useful at this location. The Board also fmds that the sewer bed is a thirty-foot wide
easement that afbcts the property but does not render the lot of no use. The Board notes the original subdivider
received no density bonus for setting aside this land (as in a clust~f su..bdivision) and that the o~lating cost and
lack of available land on Nantucket would likely preclude such a d~ision today.
DECISION
The Board hereby approves the applicants J request to delete condition "f' and remove the necessary language
from the covenant subject to the following conditions:
1) The applicants receive a variance from the Zoning Board of Appeals (ZBA) and record such docwnent with
this decision and;
2) The applicants record an amendment to the covenant with the following restrictions:
eA restri(~tion limiting Lot 1 to a single-family dwelling only and prohibiting any other dwelling unit,
including a secondary dwelling, accessory apartment, or garage apar1ment from the subject lot and;
· A restriction limiting all vehicular access for l-ot 1 to Tripp Drive only and preventing access and/or
curb cuts from South Shore Road onto Lot 1.
The Board ~uiNS that the above documents be submitted, in a fonn acceptable to the Board, within 90 days of
the lapse of the t\:.'enty-day appeal period of ZBA decision (if approved) or from the fmal date of any other
judicial proceedillgS.
All remaining conditions of the original T~pp Drive subdivision decision shall remain in full force and effect.
daYOf~ .1999.
4.~~. o:.-I')-q 1
COMMONWEALTH OF MASSACHUSETIS
NANlVCKET, S$ ~ (~ .1999
Then personally ~ S~., 1\'\ ~i\ ,one of the above-named meanbers of the Planning Board of
Nantucket, Massachusetts and acknowledged the fore-going instrument to be hislher free act and deed before me.
~ (}flt\M.J 1A _ RECEIVED
My Conunissi~~~ (f NotatyPubli~ =~~=
~~~y FEB 16 1999
NOTt\Fiy PUIUc .
..,. . IJ........15,_ TIME: I~. 3.3 PM
A>>J.. V ~ -I-
ClERK: .J\Ll r..,.."",,.l~,
,
.'
-,
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
April ~ ' 1999
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: CATHERINE E. TRIPP, FOR HERSELF AS
014-99
OWNER AND FOR DENNIS AND STEPHANIE DIAS
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 cour~ 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.
r
Dale W. Waine
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 ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
.,J
. ,
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETIS 02554
PHONE 508-228-7215
FAX 508-228-7205
Assessor's Map 80
Parcel 51.3
LUG-2
2 Tripp Drive
Land Ct. Pl. 37096-B, Lot 1
Cert. of Title No. 7709
At a Public Hearing of the Nantucket Zoning Board of Appeals held
at 1:00 P.M., Friday, March 12, 1999, in the Conference Room, Town Annex
Building, 37 Washington Street, Nantucket, Massachusetts, on the
Application of CATHERINE E. TRIPP, FOR HERSELF AS OWNER AND FOR DENNIS
AND STEPHANIE DIAS, of P.O. Box 911, Nantucket, MA 02554 and 6 Tripp
Drive, Nantucket, MA 02554, respectively, Board of Appeals File No.
014-99, the Board made the following Decision:
1. Applicants (Dias) are seeking relief by VARIANCE under Nantucket
Zoning Bylaw ~139-16A, to validate the 1.2 acre parcel as separately
marketable and building from adjacent land. The Locus is an undersized
vacant lot situated within a district that requires a minimum lot size
of 80,000 square feet.
The Premises is located at 2 TRIPP DRIVE, Assessor's Map 80,
Parcel 51.3, Land Court Plan 37096-B, Lot 1. The property is zoned
Limited-Use-General-2.
2. The Decision is based upon the Application and the materials
submitted with it and the evidence and testimony presented at the
Hearing. There were six (6) letters in support, including two (2) from
direct abutters, in the file. Several neighbors were present at the
Hearing in support of the Application. One (1) Planning Board member was
also present and spoke in favor of the grant of Variance relief. A local
attorney, present at the Hearing on an unrelated case, also spoke in
favor. There was no opposition expressed. The Planning Board made no
recommendation but stated that they would not Object if relief were
granted. Submitted for this Board's review, however, was the
Modification granted by the Planning Board in File No. #2310.
3. Applicants represented that this was the last vacant lot situated
within a family owned subdivision. On January 25, 1982 the subdivision
was created with the subject Lot having a prohibition against
construction of a dwelling unit as part of the recorded covenant in
"Tripp Drive Subdivision Planning Board File #2310". The other lots
within said subdivision were all created so as to have a minimum of
80,000 square feet of lot area as required in the LUG-2 zoning district
in which the lots are situated. However, Applicants' Lot contains only
44,476+ square feet of lot area and is thus deficient as to the minimum
required area. Applicants sought and received a Modification of said
covenant which was granted on February 10, 1999 by the Planning Board
. \
which eliminated, in its entirety, the condition that prohibited
improvements on the Locus. Variance relief is still necessary from the
Board of Appeals to enable Applicants to build a dwelling in this Lot.
The Planning Board stated that they were unclear about the purpose of
initially creating the unbuildable one-acre parcel at the entrance to
the subdivision citing evidence in the file that indicated that there
was confusion in 1982 about the impact of the easement that bisects the
Lot on the buildability of the Lot and restricted the Lot accordingly.
As shown at the Board of Appeals Hearing, the easement is only to allow
access to the force main for repairs, it does not restrict the
buildability of this Lot. The other subdivisions that front on South
Shore Road do not have a similar buffer zone and the Planning Board
concluded at the recent Hearing that this pattern was not useful at
this location. There was no density bonus given in 1982 for setting
aside this parcel and found that the escalating cost and lack of
available land on Nantucket would likely preclude such a decision today.
The Planning Board approved the Modification based upon the following
conditions:
1. Variance relief would need to be received from the Board of
Appeals and filed with their Decision;
2. Applicants would be restricted to one (1) single-family
dwelling on the Lot; and
3. Vehicular access to the property would be restricted to
Tripp Drive and no curb cuts would be allowed on South Shore Road to
the subject Lot, identified as Lot 1.
5. Therefore, the Board finds that, with the proposed one (1)
single-family dwelling restriction, the density of the Applicants' lot
would be consistent with that of the surrounding neighborhood. This
finding is based upon the determination that surrounding lots have no
~ I
'.
restrictions regarding second dwellings and, therefore, they have the
potential to contain one (1) dwelling unit per 40,000 square feet,
equivalent to the Applicants' proposal. The Board further finds that the
lot is different in size and shape from other lots in the neighborhood,
and had the unique feature of having the sewer easement bisecting the
property and that owing to circumstances relating to the soil conditions,
shape or topography of such land or structures and especially affecting
such land or structure but not affecting generally the zoning district
in which it is located, a literal enforcement of the provisions of this
Zoning Bylaw would involve substantial hardship, financial or otherwise,
to the 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 such bylaw. The
Board feels that there are unique characteristics only affecting this
Lot and that there are sufficient restrictions placed on it that would
mitigate a grant of Variance relief which would be consistent with other
Decisions made in the immediate area.
6. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested
relief by VARIANCE under Nantucket Zoning Bylaw ~139-16A to validate the
lot as separately marketable and buildable from adjacent properties upon
the following conditions:
1. There shall be only one (1) dwelling unit on the property;
and
2. Access to the Locus shall be restricted to Tripp Drive with
no curb cut onto South Shore Road.
Dated: April~, 1999
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Nancy Sevrens'
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Edward Murphy