HomeMy WebLinkAbout085-03
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Da te: Cion UOI ~ ;Lo
, 200'1
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: LJ. ?S---00
Owner/Applicant: f(oJ6e!t;f Grt&. (bra ~ < tur;..Js- 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
complaint and certified
to the Town Clerk so as
(20) days.
of the action with a copy of the d
copy of the Decision must be giv~
to be received within sUC~~TWENTI-
::c: :: ~
~4'tJ~ ~ '~~JT~
NaPl~ d. :J(lfyf.ns / 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 ~139-30I (SPECIAL PERMITS); fi139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
Assessors Map 39
Parcel 50
LUG-2
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
20 GREENLEAF ROAD
LC Plan 15209-F, Lot 67
COT 20,146
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P.M.,
Friday, December 12, 2003, in the Conference Room, Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, on the Application of the ROBERT AND
CAROLINE WALSH, of PO Box 127, Nantucket, MA 02554, Board of Appeals File No.
085-03, the Board made the following Decision:
1. Applicants are seeking a CLARIFICATION or MODIFICATION of previously
granted VARIANCE relief in the Decision in BOA File No. 039-99 that validated the
subject Lot as a separately marketable and buildable lot. Reliefwas conditioned on the
Lot and structures being as shown upon a plot plan attached to the Decision as Exhibit A.
At least four other lots in the same subdivision have been granted the same relief due to a
surveying error when the subdivision was laid out that affected most of the lots. In some
of those other Decisions Applicants were expressly not prohibited from building up to
4%, which is the maximum ground cover allowed for lots in the LUG-2 zoning district in
which these lots are situated, and generally allowed as a matter or right. In this particular
Decision, the Decision was silent on the matter, as relief for ground cover was not
needed, but as there is an Exhibit A attached to said Decision it is arguable that no
alteration of the footprint would be allowed without further relief from the Board. The
Locus is currently conforming as to ground cover having a ratio of about 3.5%.
Applicants are asking the Board to clarify or modify the previous Decision to allow the
Applicants to construct additional ground cover up to 4% without needing any further
relief from this Board.
The Premises is located at 20 GREENLEAF ROAD, Assessor's Map 39, Parcel
50, Land Court Plan 15209-F, Lot 67. 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 no
recommendation finding that the matter did not present any issues of planning concern.
There were no letters on file.
3. The Applicants represented that the Locus was benefited by a previous grant of
Variance relief in the Decision in BOA File No. 039-99, which validated an existing
about 77,413 square-foot lot. The Lot in question was part ofa single larger parcel, which
was subdivided into six lots in the early 1980's, when the area was zoned for a minimum
lot area of 80,000 square feet. Of the six lots, the plan showed one containing over 80,000
square feet and five all containing exactly 80,000 square feet oflot area. The plan was
stamped by a registered engineer and recorded in the Nantucket Registry District of the
Land Court. Five of the lots actually were found in subsequent surveys to be less than
80,000 square feet and were rendered noncomplying as to zoning. The error was not
found until after the lots were sold out of common ownership and most had been
improved with structures. Applicants stated that most of the lots had received Variance
relief to cure the lot size nonconformity, including the subject Lot. Applicants also stated
that the Decision in BOA File No. 039-99 did not seem to contain the same language that
was in at least two of the other Decisions relative to allowable ground cover. An "As-
Built Plot Plan" was attached to said Decision and marked as Exhibit A. It indicated the
footprints of the existing structures and the total ground cover calculation. As an
example, in the Decision in BOA File No. 064-93 concerning 14 Greenleaf Road, the
following language was contained:
"No request for variance relief as to ground cover requirements was made
in this case, and none is granted. Maximum permitted ground cover for
this lot accordingly is that permitted in this zoning district, based upon
actual lot area..."
Applicants are seeking to modify their original Decision to include such language. Under
the provisions of the Zoning By-law a subminimum lot is entitled to either a maximum of
1500 square feet of ground cover or the maximum ground cover allowed within the
zoning district it is situated. In this case, the existing structures constitute a total ground
cover of about 3.53% with a maximum allowed of 4% in the LUG-2 zoning district.
Applicants are seeking the modification in order to be allowed to increase their ground
cover to the allowed maximum of 4% without further relief from this Board. As part of
the relief requested, the Board would have to allow alterations of footprints of the
structures that are shown on Exhibit A attached to the Decision in BOA File No. 039-99.
4. Therefore, based upon the foregoing, the Board finds that the Modification of the
Variance relief granted in the Decision in BOA File No. 039-99, would be in harmony
with the general purpose and intent of the Zoning By-law and as presented would have
little negative impact upon the neighborhood. The Board further finds that had the Lot
been a validly subminimum created lot of record it would have been entitled to a
maximum ground cover of 4% as a matter of right. Given the complicated history of the
lots in this subdivision, the Board finds that it would be consistent with other Decisions
made by this Board benefiting lots in this subdivision, to allow a maximum ground cover
of 4%. The Board further finds that, while the subject Decision did not specifically state
that the Applicants did not have the right to have a maximum ground cover of 4%, the
attaching of an Exhibit A with the existing footprints and ground cover total would
possibly limit the Lot, such modification could not be accomplished by a "clarification"
of the Decision but would more properly done by "modification". In addition, the Board
reaffirms the Variance findings contained in the Decision in BOA File No. 039-99 herein.
Such modification would include the alteration of the existing footprints or addition of a
separate conforming structure without necessitating further relief from this Board.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested
MODIFICATION of the VARIANCE relief granted in the Decision in BOA File No.
039-99 to allow the alteration of that Decision's Exhibit A to allow a maximum ground
cover on the Lot of 4% without further relief from this Board provided that any additional
ground cover be conforming as to setbacks.
(BOA 085-03)
Dated: January ~O, 2004
~a~(~ k ~~\-
Nancy 1. Sevre \
Edward Murphy
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, DECEMBER 12, 2003, in the Conference Room, Town Annex
Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the
following:
ROBERT AND CAROLINE WALSH
BOARD OF APPEALS FILE NO. 085-03
Applicants are seeking a CLARIFICATION or MODIFICATION of previously
granted VARIANCE relief in the Decision in BOA File No. 039-99 that validated the
subject Lot as a separately marketable and buildable lot. Reliefwas conditioned on the
Lot and structures being as shown upon a plot plan attached to the Decision as Exhibit A.
At least four other lots in the same subdivision have been granted the same relief due to a
surveying error when the subdivision was laid out that affected most of the lots. In some
of those other Decisions Applicants were expressly not prohibited from building up to
4%, which is the maximum ground cover allowed for lots in the LUG-2 zoning district in
which these lots are situated, and generally allowed as a matter or right. In this particular
Decision, the Decision was silent on the matter, as relief for ground cover was not
needed, but as there is an Exhibit A attached to said Decision it is arguable that no
alteration of the footprint would be allowed without further relief from the Board. The
Locus is currently conforming as to ground cover having a ratio of about 3.5%.
Applicants are asking the Board to clarify or modify the previous Decision to allow the
Applicants to construct additional ground cover up to 4% without needing any further
relief from this Board.
The Premises is located at 20 GREENLEAF ROAD, Assessor's Map 39, Parcel
50, Land Court Plan 15209-F, Lot 67. The property is zoned Limited-Use-General-2.
~~
Nancy J. Sevren airman
TillS 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
,
CASE NO.CJYs:. () 3
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s): R ol:P.~ 'f an" (lorn ~ () tA)a ISh
Mailing address: lEG &)1( /7. 7, · Ai:" ~ 'Iv eM m)()- 0 2>S'5Y'
Applicant's name(s): (SClhY\JL)
Mailing address: ~r c.tJYN2 )
Locus ddress: ~ e.p f< d f Assessor's MaplParcel: ,5?! $' ()
Land Court Plan n Book & Page/Plan File No.: i ~ ~7- r Lot No.: 0 7
Date lot acquired: ~ _I ~ De~d ,ef.lCert. of Title:. LOJ.!:JCO Zoning District: L elf - iI
Uses on Lot - Commercial: None.,a.. Yes (describe)
Residential: Number of dwellingsL Duplex_ Apartments_Rental Rooms
Building Date(s): All pre-date 7/72? or 19i?~ C of O(s)?
Building Permit Nos:
Previous Zoning Board Application Nos.: 0 3~,-99
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
theL>;;::2":~ ~up~ =~()utQ~:h~g;~:~ti~~~~~
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substantially complete and true t6 the best-of my
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SIGNATURE: Applicant 'i Attorney/Agent
(If not owner r owner's attorney, please enclose proQf of agency to bring this tter before the Board)
FOR~FFICE USE ~
Application received on:Jlt (1103 By: L Complete: Need copies?:
Filed with Town Clerk:JV<P~Vlaftlline Buard:-' 1_ Building lJePt..-,~~:
Fee deposited with Towu Treasurer:1U?e>/~y:~waiver requested?: Granted:-' ~
Hearing notice posted with Town Clerk:1L1 "J}/~Mailed:J.1J21 tf2... I~J1IM~ & J1J
Hearing(s) held on:~_I_ Opened on:---1_I_ Continued to:_/~_ Withdrawn?:---1-'_
DECISION DUE BY: 1 1 Made: 1 1 Filed wrrown Clerk: 1 1 Mailed: 1 1
--- --- --- ---
DECISION APPEALED?: 1 1 SUPERIOR COURT: LAND COURT Form 4/03/03
---
I certify that the infor
knowledge, under t
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
f#iJ~L 7
, 2000
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
039-99
Owner/Applicant:
TRUSTEE
EASTON REALTY TRUST, ROBERT T. WALSH
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket Town
Clerk.
An Appeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by
filing an complaint in court within TWENTY (20) days after
this day's date. Notice of the action with a copy of the
complaint and certified copy of the Decision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
cc: Town Clerk
Planning Board
Building Commissioner.
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED...UPON ACCORDING~ TO NANTUCKET
ZONING BY-LAW fi139-30I (SPECIAL PERMITS);. gl'39-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
Assessor's Map 39
Parcel 50
LUG-2
20 Greenleaf Road
Land Court Plan 15209-F, Lot 67
Cert. of Title No. 12,359
At a Public Hearing of the Nantucket Zoning Board of Apepals
heLd at 12:00 P.M., Friday, May 14, 1999, in the Conference Room, Town
Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the
Applicaton of EASTON REALTY TRUST, ROBERT T. WALSH, TRUSTEE, of P.O. Box
127, Nantucket, MA 02554, Board of Appeals File No. 039-99, the Board
made the following Decision:
1. Applicant is seeking relief by VARIANCE under Nantucket Zoning
Bylaw ~139-16A (Intensity RegUlations - minimum lot size) to validate an
existinag lot as separately marketable from all adjoining parcels. The
Lot, containing 77,413.:!:. square feet of area, in a districxt that requirea
a minimum lot size of 80,000 square feet, was created from one (1) lot
that was subdivided into six {6) lots of similar size in the early
1980's. All lots were certified by a Registered Engineer as containing at
least 80,000 square feet when in fact five (5) of the lots contained less.
This Board has issued similar relief to three (3) of the other lots
contained in said subdivision in Board of Appeals File Nos. 020-93,
063-93 and 064-93. The Locus contains a primary single-family dwelling
and a garage structure that contains an apartment with a total ground
cover ratio of 3.53%+, below the maximum allowable ground cover ratio of
4%. All other dimensional requirements are met.
The Premises is located at 20 GREENLEAF ROAD, Assessor's Map 39,
Parcel 50, Land Court Plan 15209-F, Lot 67. The property is zoned
Limited-Use-General-2.
2. The Decision is based upon the Application and material-submitted
with it and the testimony and evidence presented at the hearing. The
Planning Board made no recommendation as the matter was not of planning
concern. There were no letters on file.
3. Applicant represented that the Lot in question was part of a
single parcel which was separated into a six (6) lot subdivision in the
early 1980's, when the area was zoned for a minimum lot area of 80,000
square feet. Of the six (6) lots, the plan showed one (1) containing
approximatelY 89,000 square feet,. with the remaining five (5) lots all
containing 80,000 square feet of lot area. The plan was stamped by a
Registered Engineer and recorded in the Nantucket Registry Distric~ of
the Land Court. The engineer is deceased, and his firm has declared
bankruptcy. The problem is that the small lots do not contain 80,000
square feet of area as certified by the engineer; they actually contain'
about 77,413 square feet, less than the minimum required in this district
of 80,000 square feet.
After the plan was recorded, the lots were sold and developed, and
the lots are in separate ownership from any abutting land, with most of
the lots having been improved with dwellings. Applicant represents that
there were no options to cure the defect as there was no possibility of
buying a portion of the abutting property, as that lot is also
substandard and is benefited by a Variance from this Board as are two (2)
of the other lots in the subdivision. The deficiency in lot area was not
noticed until after the Applicant had constructed his dwelling and
garage/secondary dwelling when the property was resurveyed.
4. Therefore, the Board finds that owing to the particular
circumstances relating to this subdivision (the erroneous certification
of lot area by a now-deceased Registered Engineer against whom no
recourse is available by this Applicant) and the Premises (there being no
adjacent, undeveloped land available to make up for the area deficiency),
a literal enforcement of the provisions of the Zoning Bylaw relating to
the topography of the existing structures, and to minimum lot area, would
involve substantial hardship to the Applicant (in that Applicant would be
required to demolish the structures contained thereon), and the desirable
relief may be granted without nullifying or substantially derogating from
the intent or purpose of the Bylaw. The structures were built in
compliance with duly issued Building Permits No. 4865-86, No. 51l8-86 and
No. 5339-87 and demolition of said structures would provide little public
benefit. It is evident that the Planning Board contemplated full
development of the subject subdivision when it approved the plan and that
the owner was not being given any rights not already enjoyed bY' other
owners within the subdivision. The Board further finds that a grant of
relief by Variance to validate the Lot as separatelY marketable and
buildable as well as validating the structures on the Lot as presently
configured, would not constitute a substantial detriment to the
neighborhood.
5. Accordingly, by a unanimous vote, the Board GRANTS the requested
relief by VARIANCE under Nantucket Zoning Bylaw ~139-16A to validate the
Lot as a separately marketable and buildable about 77,413 square-foot lot
and the structures contained thereon as shown on.the "As-Built Plot Plan"
done by Richard K. Earle of Nantucket Surveyors, Inc., dated March 4,
1998, marked as Exhibit A and attached hereto.
Dated: ~f~Ei1JEb 2000 cQ ~~~~
TOWN CLERK'S OFFICE .
NANTUCKET, MA 02554 D. N~ X Pare t
APR 0 7 2000
TIME: ~.OV fM
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Nancy Se r'ens
AS-BUILT PLOT PLAN
IN
. NANTUCKET, MASSACHUSETTS
SCALE: ,.'b50' DATE: 3-+-'}8
DEED REfERENCE:tc.CE::Rr /2,359
PLAN 'REFERENCE:J-cYL 'S~01.F
ASSESSOR'S MAP'3'l PCL. 50
PREP ARED FOR: / .
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CURRENT ZONING MAP: -[.V - G ;!.
MINIMUM LOT SIZE: ~.ci::>d ~ Ff
MINIMUM FRONTAGE: 0"'0 Fj-
FRONTYARD SETBACK: -. S::;-. Fr .
SIDE AND REAR SETB ~'l/6 Pr
ALLOWABLE G.C.R.: , ~/
EXISTING G.C.R.: 8.5.3 t ~
PROPERTY UNES SHOWN ARE TAKEN FROM RECORDED
DEED AND PLAN REFERED TO HEREON. BUILDINGS, MONUMENTS,
ETC. ARE PLOTTED FROM FIELD MEASUREMENTS.
N.B. B2-4
NANTUCKET SURVEYORS INC.
5 'WINDY WAY
NANTUCKET, MA. 02554
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CURRENT ZONING MAP: [.U. 6; Z
MINIMUM LOT SIZE: 86.OCJeJ ~ Fr
MINIMUM FRONTAGE: ~:5'O FT-
FRONTYARD SETBACK: ..3.:5 n- .
SIDE AND REAR SETB. ~'l /5 Pi
ALLOWABLE G.C.R.: 9'0
EXISTING G.C.R.: 8..:5"3 f i
PROPERTY LINES SHOWN ARE TAKEN FROM RECORDED
DEED AND PLAN REFERED TO HEREON. BUILDINGS, MONUMENTS,
ETC. ARE PLOTTED FROM FIELD MEASUREMENTS.
N.S.82.t./()
AS-BUILT PLOT PLAN
IN
NANTUCKET, MASSACHUSETTS
SCALE: r'h50' DATE: 3-4-98
DEED REFERENCE:-J.:c c::kRr 12,35'7
PLAN REFEREN CE: J-c-:PL , S:Z dJ' F
ASSESSOR'S MAP3'f PCL. 50
PREP ARED FOR: I
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NANTUCKET SURVEYORS INC.
5 WINDY WAY
NANTUCKE~ MA. 02554
N-4035
TOWN OF NANTUCKET
BOARD OF AP-PEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
August
(j;
, 1993
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
fol).owing:
Application No.:
064-93
Owner/Applicant:
DEBORAH BARDH ROGERS
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.
tkn~
Ann Balasr Vice -: Chairman
cc: Town Clerk
Planning Board
Building Commissioner
NANTUCKET ZONING BOARD OF APPEALS
3 South Beach Street
Nantucket, Massachusetts 02554
Map 39, Parcel 47
Land Court Plan l5209-F, Lot 64
LUG-2
14 Greenleaf Road
Certificate of Title No. 15665
At a public hearing of the Nantucket Zoning Board of Appeals
held at 1:00 P.M. on Friday, July 16, 1993, at the Town and
County Building, Federal and Broad Streets, Nantucket,
Massachusetts, on the application of DEBORAH BARDH ROGERS, c/o
Reade & Alger Professional Corporation, 6 Young's Way, Post
Office Box 2669, Nantucket, Massachusetts 02584, Board of
Appeals File No. 064-93, the Board made the following DECISION:
1. The applicant seeks relief by variance pursuant to
Nant ucket zoning By-law Section 139-32. A from the minimum lot
area requirement under Section 139-16.A in order to validate her
existing lot containing about 77,413 square feet; minimum lot
area in this district is 80,000 square feet. The Locus is
situated at 14 Greenleaf Road, Assessor's Parcel 39-47, is shown
as Lot 64 on Land Court plan 15209-F, and is situated in a
Limited Use General-2 zoning district.
2. The Locus is part of a parcel which was separated into
a six-lot subdivision in 1978, after the present minimum lot area
requirement had come into existence. Five of the six lots
created thereby, including the Locus, were shown by the Plan, as
filed with and endorsed by the Planning Board and as filed with
and approved by the Land Court, to have lot area of 80,000 square
feet; in fact, each of these five lots contains lot area of about
77,413 square feet. As described in our decision in the Fox
case, our file 020-93, which involved another lot similarly
situated, the surveyor who prepared this plan is deceased, and
his firm has subsequently been the subject of bankruptcy
proceedings. (See also companion case 063-93.)
3. The Board's decision is
documents filed with it, and
representations presented at the
recommendation was unfavorable.
our hearing.
based upon the application and
the testimony, evidence and
hearing. The Planning Board's
No opposi tion was recorded at
4. The Locus is a vacant lot, which was acquired by the
applicant's former husband, Allan W. Rogers, in 1984, and on
February 9, 1993, the applicant received a conveyance of the
Locus as a part of the property settlement in their divorce. The
applicant has owned the adjacent Lot 65, improved with a dwelling
said to have been constructed in 1979, since 1983; in any event,
the dwelling was in existence when the applicant purchased Lot
65. The applicant's representative informs us that the applicant
was unaware of the existence of any zoning nonconformity on
either lot until she learned of it through the Fox case. As set
.,
forth in our decision in 063-93, the dwelling on Lot 65 conforms
to ground cover requirements, measured at the present time on the
basis of the maximum percentage of 4% of the actual lot area of
Lot 65.
5. We find by unanimous vote of the five members sitting
on this case that, owing to the unique circumstances relating to
this subdivision (the erroneous certification of lot area by a
now-deceased surveyor against whom no recourse is available to
the applicant) and the Locus, a literal enforcement of the
provisions of the By-law relating to minimum lot area would
involve substantial hardship to the applicant (in that the Locus
would otherwise be unable to be conveyed separately from the
applicant's adjacent lot), and that desirable relief may be
granted without nullifying or substantially derogating from the
intent or purpose of the By-law, and grant the requested variance
relief to validate the Locus as a separate lot for zoning
purposes.
6. No request for variance relief as to ground cover
requirements was made in this case, and none is granted. Maximum
permitted ground cover for this lot accordingly is that permitted
in this zoning district, based upon actual lot area; at the
present time, this is 4% of 77,413 square feet, or 3,096 square
feet.
Dated: (91)~ 2* Cs1
, 1993
Nancy J. Sevrens
_ _~__ ,"'''"' JT"o_'" ""T"'l.........,.,
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
(0
Date:
August
, 19 93
CERTIFICATE OF GRANTING OF VARIANCE ~~~
(Massachusetts General Laws, Chapter 40A, Section 11)
The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies
that a VARIANCE ~~~)bas been GRANTED:
To: (Owner/Applicant)
Deborah Bardh Rogers (064-93)
Address:
c/o Reade and Alger, Box 2669, Nantucket, MA
02584
affecting the rights of the Owner/Applicant with respect to land or
building at:
14 Greenleaf Road, Assessor's Map 39, Parcel 47,
as shown in Land Court Plan 15209-F, Lot 64
Cert.of Titles
~~~ 10,689 & 15,665
And the BOARD OF APPEALS further certifies that the attached
Decision is a true and correct copy of its Decision GRANTING the
VARIANCE ~~~and that copies of the Decision and of
all plans referred to in the Decision have been filed with the Planning
Board and the Town Clerk.
The BOARD OF APPEALS calls to the attention of the Owner/
Applicant that General Laws, Chapter 40A, Section 11 (last paragraph)
provides.that no VARIANCE ~~~ or any EXTENSION,
MODIFICATION or RENEWAL thereof, shall take effect untii;(a) a copy of
the Decision is certified by the Town Clerk that TWENTY (20) days have
elapsed after the Decision has been filed in the office of the Town
Clerk and no appeal has been filed (or, if such appeal has been filed,
that it has been dismissed or denied) and (b) the certified copy is
recorded in the Registry of Deeds for the County of Nantucket and
indexed in the grantor index under the name of the Owner of Record or
is recorded and noted on the Owner's Certificate of Title. The fee for
such recording or registering shall be paid by the Owner/Applicant.
Cha~~J~
TOWN OF NANTUCKET
BOARD O.FAPPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
August <:I ,19 93
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
063-93.
Owner/Applicant:
DEBORAH BARDH ROGERS
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.
fhvn MM--
Ann Balas, Vice - : Chairman
cc: Town Clerk
Planning Board
Building Commissioner
," ,- .~. .
NANTUCKET ZONING BOARD OF APPEALS
3 South Beach Street
Nantucket, Massachusetts 02554
Map 39, Parcel 48
Land Court Plan 15209-F, Lot 65
LUG-2
16 Greenleaf Road
Certificate of Title No. 10689
At a public hearing of the Nantucket Zoning Board of Appeals
held at 1:00 P.M. on Friday, July 16, 1993, at the Town and
County Building, Federal and Broad Streets, Nantucket,
Massachusetts, on the application of DEBORAH BARDH ROGERS, c/o
Reade & Alger Professional Corporation, 6 Young's Way, Post
Office Box 2669, Nantucket, Massachusetts 02584, Board of
Appeals File No. 063-93, the Board made the following DECISION:
1. The applicant seeks relief by variance pursuant to
Nantucket zoning By-law Section 139-32.A from the minimum lot
area requirement under Section 139-16.A in order to validate her
existing lot containing about 77,413 square feet; m~n~mum lot
area in this district is 80,000 square feet. The Locus is
situated at 16 Greenleaf Road, Assessor's Parcel 39-48, is shown
as Lot 65 on Land Court Plan 15209-F, and is situated in a
Limited Use General-2 zoning district.
2. The Locus is part of a parcel which was separated into
a six-lot subdivision in 1978, after the present minimum lot area
requirement had corne into existence. Five of the six lots
created thereby, including the Locus, were shown by the Plan, as
filed with and endorsed by the Planning Board and as filed with
and approved by the Land Court, to have lot area of 80,000 square
feet; in fact, each of these five lots contains lot area of about
77,413 square feet. As described in our decision in the Fox
case, our file 020-93, which involved another lot similarly
situated, the surveyor who prepared this plan is deceased, and
his firm has subsequently been the subject of bankruptcy
proceedings. (See also companion case 064-93.)
3. The Board's decision is
documents filed with it, and
representations presented at the
recommendation was unfavorable.
our hearing.
based upon the application and
the testimony, evidence and
hearing. The Planning Board's
No opposition was recorded at
4. The Locus contains a dwelling, said to have been
constructed in about 1979: in any event, it was in existence when
it was purchased by the applicant in 1983. The applicant's
representative informs us that the applicant was unaware of the
existence of any zoning nonconformity until she learned of it
through the Fox case. Meanwhile, her former husband, Allan W.
Rogers, had acquired the adjacent Lot 64, a vacant lot having the
identical nonconformity, in 1984, and on February 9, 1993, the
applicant received a conveyance of Lot 64 as a part of the
property settlement in their divorce.
5. We find by unanimous vote of the five members sitting
on this case that, owing to the unique circumstances relating to
this subdivision (the erroneous certification of lot area by a
now-deceased surveyor against whom no recourse is available to
the applicant) and the Locus, a literal enforcement of the
provisions of the By-law relating to minimum lot area would
involve substantial hardship to the applicant (in that the Locus
would otherwise be unable to be conveyed separately from the
applicant's adjacent lot), and that desirable relief may be
granted without nullifying or substantially derogating from the
intent or purpose of the By-law, and grant the requested variance
relief to validate the Locus as a separate lot for zoning
purposes.
6. Unlike the Fox case, the applicant's dwelling in this
case does not exceed the maximum permitted ground cover ratio of
4%; present ground cover, as per the plot plan submitted to us by
John J. Shugrue, Inc., dated July 15, 1993, shows ground cover of
2,102 square feet, or about 2.72% of this lot containing about
77,413 square feet. No relief from ground cover requirements was
requested, and none is granted. Maximum permitted ground cover
for this lot accordingly is that permitted in this zoning
district, based upon actual lot area: at the present time, this
is 4% of 77,413 square feet, or 3,096 square feet.
!hm~
Ann G Bal s .
L'n a F. 'WJ.ll a
Dated:
(W~VJ 'J.- (p
, 1993
Nancy J. Sevrens
ejw/28/BOADECIS
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
&
Date:
August
, 1993
CERTIFICATE OF GRANTING OF VARIANCE >>W~t~ixif~~x*~xfiiMx~
(Ma~sachusetts General Laws, Chapter 40A, Section 11)
The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies
that a VARIANCE xR~KRXxifiixi*xfi~Mx~Xhas been GRANTED:
To: (Owner/Applicant)
Deborah Bardh Rogers (063-93)
Address: r/o Rp;:H]P r1nn A 1 gpr, Box 2669. Nrlnt.llckp-t. MA
02584
affecting the rights of the Owner/Applicant with respect to land or
building at:
16 Greenleaf Road, Assessor's Map 39, Parcel 48, as
shown in Land Court Plan 15209-F, Lot 65
Cert. of Titles
~KKKXKK!KXiK~i:l0,689 & 15,665
And the BOARD OF APPEALS further certifies that the attached
Decision is a true and correct copy of its Decision GRANTING the
VARIANCE ~RRt~KX*RiRx~~xRi~MxfxKnd that copies of the Decision and of
all plans referred to in the Decision have been filed with the Planning
Board and the Town Clerk.
The BOARD OF APPEALS calls to the attention of the Owner/
Applicant that General Laws, Chapter 40A, Section 11 (last paragraph)
provides.that no VARIANCE KN~t~xx~RXgx~~xRXRMxtx or any EXTENSION,
MODIFICATION or RENEWAL thereof, shall take effect until;(a) a copy of
the Decision is certified by the Town Clerk that TWENTY (20) days have
elapsed after the Decision has been filed in the office of the Town
Clerk and no appeal has been filed (or, if such appeal has been filed,
that it has been dismissed or denied) and (b) the certified copy is
recorded in the Registry of Deeds for the County of Nantucket and
indexed in the grantor index under the name of the Owner of Record or
is recorded and noted on the Owner's Certificate of Title. The fee for
such recording or registering shall be paid by the Owner/Applicant.
~ ~ ,00
Town of Nantucket
,
RECEIVED
BOARD OF ASSESSORS
NOV 1 2 2003
TOWN OF
NANTUCKET, MA
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
PROPERTY Owt!ER...;r:; i€L fJ.?/,l.. .., . .. . .. . .. . . . . .. .. .. . ....
MAILING ~DDRESS..ed. .!2.l!.X.....1. p.2. ... .............................
PROPERTY LOCA TrON.... .Za. ..G.r: -:!:.~f':(.1 r':.c:?;::,/f:.c!.................
.: :s~ - S-O
ASSESSORS MAPIP ARCEL...............................................................
APPLICANT... .t.12i?r.-:cL.M:Jls:h... .., ... ............ ...... .........
,
SEE ATTACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting property, owners of
land directl" 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 lirie of owner's property, all as they appear on
the most recent applicable tax list (M.O.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139-29D (2) ..
11 P;.... !.~'i..:?I!!!
/J., ~~
t!~..tl.,.
DATE'
ASSESSOR'S OFFICE
Town of Nantucket
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