HomeMy WebLinkAbout015-03
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETIS 02554
Date: vnarch
Co
, 2003
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 0 l ~-00
Owner/Applicant: 'DdC\/\cQ s. Deut...5<"":.\-i OVl('J
-R l'c Vtorr1 w()()ct ruM veot-sc.h
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.
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N nO ~ . S J{'er'l I Cbairman
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 9139-301 (SPECIAL PERMITS); ~139-32I (VARIANCES)
,
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
'"
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 89,
Parcels 11 and 28
10 Waquoit Road
Limited Use General-3
Land Court Plan 14072-B, Lot 1,
and Plan File 11-D, Lot 2
Certificate of Title No. 7314;
Deed, Book 193, Page 69
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, February 14, 2003, at 1:00 P.M., in the
Conference Room, in the Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, the Board made the following
decision on the application of DAVID S. DEUTSCH and RICHARD
WOODRUFF DEUTSCH, c/o Reade, Gullicksen, Hanley & Gifford, LLP,
Post Office Box 2669, Nantucket, Massachusetts 02584, File No.
015-03:
2. The applicants are seeking relief by VARIANCE from the
provisions of Nantucket Zoning By-law ~16.A (Intensity
Regulations), to validate an existing reconfigured lot (the
"Locus"), consisting of the combination of two parcels, that does
not meet frontage requirements, although as reconfigured the
Locus does conform with the minimum lot area of 120,000 square
feet. The applicants are also seeking the ability to relocate
and alter the dwelling upon the Locus in the future, due to
continuing erosion along the southerly lot line of this
waterfront property. The Locus is situated at 10 Waquoit Road,
Assessor's Map 89, Parcels 11 and 28, consists of a parcel of
registered land shown on Land Court Plan 14072-B as Lot 1 and
unregistered land shown on plan recorded with the Nantucket
Registry of Deeds in Plan File 11-D as Lot 2, and is situated in
a Limited Use General-3 zoning district.
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 on the basis that no matter of planning concern
was presented. One neighbor spoke in support; otherwise, there
was no support nor opposition presented at the public hearing.
4. The applicants presented the following history of the
Locus. The registered portion of the Locus, Lot 1, was created
by Land Court Plan 14072-B, dated April 23, 1973 and endorsed as
approval-not-required by the Nantucket Planning Board,
notwithstanding the fact that it had no frontage on a street or
way. At that time, the minimum required lot area in the
district, which was then Limited Use General, was 50,000 square
feet, with minimum frontage of 200 feet. Lot 1 complied with the
1
minimum lot area requirement, but not with the frontage
requirement (unless, as the applicants' counsel indicated had
been done in other instances in the 1970's, the frontage
requirement was considered as being met by frontage on the shore
of the Atlantic Ocean). The applicants' father purchased Lot 1
later in 1973. The district was then rezoned as Limited Use
General-3, and at that point Lot 1 became nonconforming as to lot
area as well. The plan filed as Land Court plan 14072-B shows
the dwelling upon Lot 1, which is situated about 11.6 feet from
the westerly side yard lot line at its closest point; the
applicants stated that this dwelling was constructed by a former
owner in the 1950's, and in any event existed prior to any zoning
requirements, and the land to the west of the westerly lot line
has not been in common ownership with Lot 1 at any time since the
Nantucket Zoning By-law first became effective in 1972. The
applicants' father conveyed Lot 1 to them in 1975. In 1982, the
Nantucket Conservation Foundation, Inc. ("NCF"), arranged to
purchase a large tract of land, abutting Lot 1 on the west and
north, from its then owner, Surfside Realty Trust ("SRT"). In
connection with that purchase, NCF offered the applicants, and
other owners of improved waterfront lots abutting the SRT tract,
the opportunity to purchase directly from SRT portions of the SRT
tract lying immediately to the north of their lots, to
accommodate future relocation of the dwellings on the waterfront
lots in the likely event of continued waterfront erosion along
the south shore of the Island. The applicants took advantage of
this opportunity, and proceeded to purchase the unregistered
portion of the Locus, shown as Lot 2 on plan recorded with
Nantucket Deeds in plan File 11-D. In connection with this
purchase, SRT and NCF granted easement rights to the purchasing
landowners, and imposed certain restrictions which NCF required,
as set forth in an Agreement recorded with Nantucket Deeds in
Book 193, Page 45. These restrictions included the requirement
that the land so purchased from SRT be combined in each instance
with the abutting land of the purchaser (in the case of the
applicants, unregistered Lot 2 being combined with registered Lot
1 to comprise the Locus), to constitute a single lot, with no
further subdivision and with each combined lot to be limited to
one single-family dwelling (including the existing dwelling,
which may be replaced or moved), and appurtenant outbuildings not
containing any dwelling units. The effect of the conveyance of
Lot 2 to the applicants and its combination with Lot 1 was to
create a new lot not conforming to dimensional zoning
requirements, which is prohibited by By-law ~139-16.A. The
applicants now seek a variance to validate the Locus as a
building lot, notwithstanding its lack of the required frontage
and its reconfiguration by the 1982 addition of land to the
original lot. (The combination of Lot 1 and Lot 2 to comprise
the Locus had no effect upon the pre-existing, nonconforming side
yard setback nonconformity of the dwelling upon Lot 1.) The
present configuration and conditions on the Locus are shown upon
2
a plan by Blackwell & Associates, Inc., dated December 24, 2002,
a reduced copy of which is attached hereto as Exhibit A.
5. The Board of Appeals noted that there was nothing that
the applicants could do to cure the nonconformity of the Locus,
and that the effect of the 1982 acquisition of Lot 2 improved the
zoning status of the Locus by eliminating the nonconformity in
lot area and by enabling the prevention of loss of the existing
dwelling to continuing erosion.
6. Based upon the factors presented, with particular
reference to the continuing erosion of the shoreline, the Board
of Appeals, by a UNANIMOUS vote, made the finding that, owing to
circumstances relating to the shape and soil conditions of the
Locus and not affecting generally the zoning district in which
the Locus is situated, a literal enforcement of the provisions of
the Zoning By-law would involve substantial hardship to the
applicants, and that desirable relief may be granted as requested
without nullifying or substantially derogating from the intent or
purpose of the zoning By-law, and by UNANIMOUS vote, granted the
requested relief by VARIANCE from the provisions of By-law ~139-
16.A, to ratify and confirm the status of the Locus as a valid
lot for zoning purposes notwithstanding its lack of frontage on a
street or way and the reconfiguration of lot lines as a result of
the combination of registered Lot 1 and unregistered Lot 2 to
comprise the Locus, and specifically to permit the alteration,
demolition, relocation or replacement of the single-family
dwelling upon the Locus without further relief from the Board of
Appeals, subject to the following conditions:
(a) The Locus, as 'shown upon Exhibit A, shall be
considered and used as one single lot for all purposes related to
zoning and building requirements.
(b) The Locus shall not be subdivided, nor shall any
portion of the Locus be conveyed into ownership separate from the
remainder of the Locus.
(c)
remain upon
appurtenant
units.
No structure shall be erected or suffered to
the Locus, except for one single-family dwelling and
outbuildings not containing any additional dwelling
(d) No addition made to the existing dwelling in its
present location shall be constructed within the required 20-foot
side yard setback area.
(e) In the event of the relocation or replacement of
the dwelling upon the Locus, all then-current dimensional zoning
provisions, including setback and ground cover requirements,
shall be met.
3
7. The recording of this Decision with the Nantucket
Registry of Deeds and the Nantucket Registry District of the Land
Court shall constitute sufficient exercise of the relief granted
hereby to prevent its expiration.
Dated:
March ~ 2003
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CURR~NT ZONING ClASSIFICATION:
L1mlled U.. General J (L.U.G.-J)
l.lINIMUt.! LOT SIZE: 120,000 S.F.
t.!INIMUt.! FRONTAGE: 200 FT.
FRONT YARD SETBACK: J5 FT.
REAR/SIDE SETBACK: 20 FT.
GROUND COVER ~ : 3~
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THIS PLOT PlAN WIQ PREPARED TO ACCOMPANY AN APPLICATION
TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE
CONSIDERED A FULL INSTRUMENT SURVEY.
THIS PlAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES.
FENCES, HEDGES OR ANY ANCIUARY STRUCTURES ON THE PREMISES.
THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS
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LEGEND
. DEHOTE:S c::oNCRaE IlOlJHO FDIJHD
_'_'_'_'_'_ OSSDMD AND/OR Rf'CORO IMn1ILWf" l.OCATJOH
_____ SlIR\'El'W AND/OR Rf'CORO ltlP OF flAHK lDCAlIOH
NOTE: 04TA CONrAINED ON THIS PUN IS FOR GENERAL
IHroRWATJON ONLY. T/fS PUN SHOUI.D HOT BE USfl) TO
csrNlUSH PROPfRI'Y UNES. FeICES. /ffDGES OF AHr
OTI/ER JJoK:JU.Nrr 5IRUClUIlfS ON THE PRfIIIS[S.
OIINEllS OF ADJOIHIHG PflOf'EImES NIE SHOWN IIXIJIIDINC
TO CURREHI' TOWN OF HNlIUCKET ASSfSSOIlS Rf:CORl)$.
FORJIER lDCATJON OF HIGH IMlER _ AND ltlP OF -
OBrNHED FROlJ PlANS OF Rf'CORO ON FU: AT THE
HNlIUCKET COUNTY RmISIIf'( OF oaDS.
Plot Plan to Accompany
Board of Appeals Application
in
Nantucket, Massachusetts
SCALE: ," = '20' DATE: DECEMBER 24, 2002
DAVID S, DEUTSCH
. . . . . . . . . . . . . . . . . . . . .
RICHARD WOODRUFF DEUTSCH
. . . . . . . . . . . . . . . . . . . . . .
08:16;32 AM EST
I NOT TO BE RECORDED I
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, FEBRUARY 14, 2003, IN
THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON
STREET, NANTUCKET, MASSACHUSETTS, ON THE APPLICATIONS OF
THE FOLLOWING:
DAVID S. DEUTSCH AND RICHARD WOODRUFF DEUTSCH,
BOARD OF APPEALS FILE NO, 015-03
Applicants are seeking relief by V ARIANCE under Nantucket Zoning By-law
Section 13 9-16A (Intensity Regulations), to validate an existing reconfigured lot, that
does not meet frontage requirements, and the siting of a single-family dwelling that does
not meet setback requirements, though after reconfiguration, the Lot, a result of the
combining of two adjacent lots, does conform to the minimum lot size requirement of
120,000 square feet. Applicants are also asking for the ability to relocate and alter the
dwelling in the future due to the erosion along the southerly lot line of this waterfront
property.
The Premises is located at 10 WAQUOIT ROAD, Assessor's Map 89, Parcel 11,
and Map 89, Parcel 28, Land Court Plan 14072-B, Lot 1, and Plan File II-D, Lot 2, The
property is zoned Limited-Use-General-3.
~l1ctM
Nancy 1. Sevrens, C
THIS NOTICE IS A V AlLABLE IN LARGE P OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
P,O!, Fonn 1-8 C)
NANTUCKET ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
January 8, 2003
Date
,~:c N(J. ~-03
APPLICATION FOR RELIEF
Owner's name(s): David S. Deutsch and Richard Woodruff Deutsch
Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP
Applicant's name: Same
[V]d i.line] adcJre:;s: ~ Box 2669, Nantucket, t~assachusetts 02584
Location of lot: Assessor's map and parcel number 89-11 and 89-28
Street address: 10 Waquoit Road
Land Court Plan l4072-B, Lot 1; Plan File 11-0, Lot 2
Date lot acquired: 1/2/75; 7/29/82 Cert. of Title No. 7314;
Deed, Book 193, Page 69 Zoning district LUG-3
Uses on lot - commercial: None or MCD?
- number of: dwellings l duplex apartment rsntal roc~s
Building date(s): all pre-8/72? ~ or C ct
Building Permit appl'n Nos.
e,l"p No". elll BoA applicaU.on.s, Ll'vJsuits:
-----------------------------------------------------------------
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
l39-32A ~ if Variance, 139-30A if a Special Permit (and 139-33A
if to alter or extend a nonconforming use), If lp:x'al per I 39-31J:..
& 8 ~ttactl decision or orderl appealed. OK ~ ch addendum2
SEE ATTACHED ADDENDUM.
,
Items enclosed as part of this Application: order' addendum2 x
Locus map ~ Site plan ~ showing present ~ + planned structures
Floor plans present proposed elevations (HOC approved?
Listing lot area x frontage x setbacks x GCR x-parking data x
Assessor-certified addressee-list 4 sets x mailinq labels 2 se~s ~
$200 fee payable to Town of Nantucket x p~00f3 'c;p' covenant
'(If an appeal, ask Town Clerk to send Bldg Comr' ~ :scord to BOA.)
I certify that the requested information submItted 1S substantially
('"mplet''' and t ]']le to the be.st- of my knowleclc]e, I: paIns a:lcl
":~;'::~:"::; 0 fP~-L~Ln Appl mo' 'Joeo"y/o9<''''
3(1 I nol own(~,r or owner' co ttorney, enclo~ie proo~ oj aut.hority)
tOR BoA OFFICE USE
Application copies rec'd: 4~ _ -{or BoA P~Oy~
~~: ~~~~ ~~~~(\~i ~~a~~~~g c~~r;n~n B~~L~~~I)Y _/y !~Pl~~~
$200 fee check given 'ljo\jljTreaSUrer on . X __ by rY7JrV~ived? _
Hearing notice posted L_~~ailed ~ ~ I & M ~~~/~
Hearing(s) on / / cont'd to / / / / withdrawn? I I
Decision due by 7 7 made /-/- filedTC 7 / mailed- 1,-
See related cases lawsuits -- -other - - -
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ADDENDUM TO APPLICATION OF DAVID S. DEUTSCH ET AL
The applicants request relief by VARIANCE, to conf irm
the validity and status of their waterfront property
situated on the South Shore In the Madequecham Valley.
Their property consists of two parcels of land, one
registered and the other unregistered. The registered land,
Land Court Plan 14072-B, Lot 1, is improved with a cottage
thereon, constructed prior to applicable zoning
requirements. This lot was created by plan dated April 23,
1973 and endorsed as approval-not-required by the Nantucket
Planning Board notwithstanding the fact that it had no
frontage on a street or way. This plan ~;hows that the
applicants' cottage was then already situated on the lot.
This dwelling is nonconforming as to side yard setback,
being sited about 11.65 feet from the westerly side lot
line; 20 feet is the minimum side yard setback in this LUG-3
district (10 feet for a lot of record). This lot contains,
as of August 21, 2002, about 65,942 square feet of area,
with 120,000 square feet being the minimum required in the
LUG- 3 district; origip~J),y, the lot contained more area,
lost through a.cQ~rl:~ \J\6ut it contained less than 120, 000
square feet. Under the original zoning in the Limited Use
General zoning district as in effect when the lac was
created, minimum lot area was 50, 000 square feet; in -'i" 6 3~, l q') 3
the locus was rezoned as LUG-3, with the present minimum loc
area of 120,000 square feet, and thus became a pre-existing,
nonconforming lot of record as to lot area (though not as to
frontage, as to which it appears to have been nonconforming
at the time of its creation). On July 29, 1982, the
applicants purchased the unregistered land lying inland from
their Lot 1, shown as Lot 2 on Plan File 11 ~D, containing
about 94,619 square feet, in order to provide for possible
future relocation of their cottage in the light of
continuing waterfront erosion. Lot 2 also has no frontage
on a street or way, and the result of the merger of the
applicants' two parcels is that the boundaries af a
nonconforming parcel (not pre-existing zoning) have been
altered without rendering it conforming as co frontage,
although the combined parcels are now conforming as to lot
area. Accordingly, 'the applicants request relief to have
their combined lot declared to constitute a valid lot for
zoning purposes, ratifying and confirming its present status
and also determining that a future building permit 'nay be
obtained for the relocation and al teration of the p:::-ese"c
dwelling.
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TOWN OF NANTUCKET
ZONING SOA.W OF APPE.-"~S
LIST OF PARTIES IN INTEREST IN rr-;~ MATTER OF TI-IE PETITION Of '
PROPERTY OWNERYQ.\J'1.4...?...]:>f.",d:~:h...c,.......~.,~~~d. w(}drtiffDf'Ld-sch
MAJLlNG ADDRESS .~..LL)6L.1J~:;-.d:-:...el?A.d..
PROPERTY LOCATION ./YU)0,4li('rf. ..~:
ASSESSORS !\1APIPARCEL ...m -:-.I..l..........: ...,?~.1.'-:-.<t.6.. . '-~. ~ c'. 2:, (t~LL L:-r-
S'lrnMITTED By.... -,(( C:U~I Cj u tlc~~:~. .d-.-ic~ 0.-'-1 ; 6 c'1fv.4
SEE ATTACHED PAGES
I certify thzt iDe foregoing is 2. ilSi of pcrsor:s who 2re owners of eDUEing o;opc,~\', O"\-;-<:~ a( c..::
dlrecliy opposite on (}ny pl!tl1c or pil\'21e Street or \\'2Y~ 2..flC ,CDUrIerS of lne 2buGers 2nc 2.]: c:r.:-~
12nd O\\'Tlers \\lthiJ1 three }-''-.:'icreo fee: 011;,e propert)" line of owner's properTY, ell 2S \h~\ c.C::~;::
Oil the fi10Si recent 2ppk:eck :e': I!s: (~~G L c. '-10:\, Seel!or' 11 Zon!..':\", COGt C'2::";':: ~ )':'
Sect!c., 139-29D (2) ) ~ .
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