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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~~~~~ ~. ~('/J'~ (A.L- ~. --fr &. /lb. 03J- '19- tv. cncb{ ~ ~ () ~ ~ buJ"Id!vp, kl "tM CL~cWo1kL 4 Tel ?~ (~ f\~'0~ffJ' '?;;: ~~~~ ~~f~X,0r~~ ':;r\Qjt S'J1/oA-7 ~' d.Q ~YrbrJL~ n..Q to f!.M.o ~ C~ o..~a.rt ~,5 10 y. (1" 6:;' ":' ~~ a z: <:: N c-j 0 I- f' substantially complete and true t6 the best-of my . 0 rJury. 0'\ 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 II II , I ! .. ~ ~i ~ Ii I I ,. I, , . I t r I I I I j: t ~ It'" -'m' ! ~E! 3 I r~ ~ "'1~~~}:~. ... 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 ~~ Xkl ~..:t;::; (1~~ .. 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: / . "'Rc::18BR1 .,-: WAJ--Olo4 ,.. " ,jJr- AJ;"ii H~/eTT.er :a r;,~ \ I \ \ LOT (07 ~" .77.'4'3:1' SG fT ~tJ.c. ~~~~~ ., , ..... ,) / ~ ) ~ ,....-- ( ~ __ ~;:-.... I f'--" '\ / --~~,~,. . I { '\./ / ". I' ' . " ~" ~5.t \,,'" \/ ,~~ I \ . ~\ ~, . J J ..............- ~ / " ----' ....... ./ ---_/ _....,.0~ 31.# N/r.~~ ~~E~7~ TR. ~ k ~eA IS tJoN. GN.r~tC\,,.JEj 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 \ ~ I I t "2 "~ ~\J ~~ ~.., ~~ .j or- u. =:t r-.. 0 ~ t , I ---j i ! N- 035 sq. J/.'J JJ/r ,4,l.L.!fE;;J m r)l,q,GICle77~ "D ;::ax. \ \ \ I \ \ LOT G7 ~~" .77.413:t SGFT ~~.c. \ ~ I I ~ ">-- 7- ~ ~~ -7 ~\LI ~ -. ~~ j ~ u. -;t t-.. <:> \() I . ~~ ~t( W \t _ ~ \ ~~ ~~ ~ ~i\\ ~A~~:~ ~ ~ I ~._/ /) :r 114 t ) / '....... -- { - / \ - - -- { /--"" \. ~ --- ~~ I I , \ ".. - - ................u.-,. ('\ ./ / -.~~ ". I \ \. ..... ... " ~" ~5't ..... II . "v-; 1\ cf& \ .. "'4' I t:+Q) .... F', J -- ...... , - .../ I ...... --- ......... ./ ........."-----/ .. ..~~ 3/.# Nlr ~~ "&r "i<EAJ.-7-( ~. . J ---I ; I. Lo-r ~EA. IS tJoN' GN.r~n\I...J€l 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 "RoBeRT -r: v../~6':4 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............................................................... 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