HomeMy WebLinkAbout009-09 APPEAL Irvine
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
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APPLICATION
Fee: $300.00
File No. )01 -09
Owner's name(s):
Horace H. Irvine, II, and Cassandra H. Irvine
Mailing address:
c/o Reade, Gullicksen, Hanley & Gifford, LLP
Phone Number:
508-228-3128
E-Mail
air@readelaw.com
Applicant's name(s):
Same
Locus Address:
15 Lauretta Lane
Assessor's Map/Parcel:
14-10.1
Plan reference:
Land Court Plan 16220-Q, Lot 53
Certificate of Title No.
22513
Zoning District:
Limited Use General-3
Uses on Lot- Commercial: None
Residential: Number of dwellings 1 Duplex 0 Apartments 0
Date of Structure(s): all pre-date 7/72
Building Permit Numbers: None
Previous Zoning Board Application Numbers: None
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
F:\1fpI\Irvine\lS Lauretta Lane\ZBA Application.docx
State below or attach a separate addendum of specific special permits or variance relief applying for:
The applicant seeks to demolish the pre-existing,
nonconforming single-family dwelling upon the locus and to
construct a new dwelling. The applicant, Horace H. Irvine,
II, is physically handicapped and requires an accessible
dwelling. As a result of wetlands upon the locus, the
buildable area is constrained, and accordingly the Nantucket
Conservation Commission has approved a location for the new
dwelling which would be sited about 11 feet from the easterly
side property line. Handicapped access ramps, exempt from
zoning setback requirements under M.G.L., c. 40A, S3, would
extend to a point about 6 feet from that property line.
The zoning status of the locus is as follows. Lot area is
about 60,981 square feet; minimum lot area in this LUG-3
zoning district is 120,000 square feet. Frontage upon a "way"
which is included within the boundaries of the locus is 79.66
feet; minimum frontage in this district is 200 feet.
The locus was a part of Lot 22B upon Land Court Plan 16220-J
until December 27, 1971, when a previous owner subdivided Lot
22B into Lots 52 and 53 (the locus) by a plan endorsed as
"approval not required" by the Planning Board, filed as Plan
16220-Q.
Under the Zoning Enabling Act, M.G.L., c. 40A, S5A, as it
existed prior to the enactment of Acts of 1975, c. 808, lots
shown upon an ANR plan and containing at least 5,000 square
feet in lot area and having at least 50 feet of frontage, held
in common ownership, were permitted to be built upon for
residential purposes for a period of five years following such
endorsement. Each of Lots 52 and 53 contains in excess of
5,000 square feet in lot area and has frontage in excess of 50
feet. Under Nantucket Zoning By-law S139-33.G, second
sentence, tracking the old c. 40A, S5A, a lot shown upon an
ANR plan endorsed prior to January, 1976, which complied with
zoning requirements in effect at the time of endorsement (on
December 27, 1971, there were no zoning requirements in
Nantucket), may be built upon for residential purposes for a
period of five years following endorsement even though in
common ownership with adjacent land, if it has at least 5,000
square feet in lot area and 50 feet of frontage.
Under By-law S139-33.E, an increase in dimensional zoning
requirements does not prevent an unimproved lot from being
built upon for single or two-family residential purposes,
provided that it has frontage of at least 20 feet or an
appurtenant easement for access to a public way, if at the
time the more restrictive zoning requirements came into effect
2 Fairgrounds Road Nantucket
508-228-7215 telephone
Massachusetts
508-228-7298 facsimile
02554
F:\WpI\Irvine\lS Lauretta Lane\ZBA Application.docx
the lot had the benefit of a zoning protection period under
provisions including S139-33.G, was held in separate ownership
at all times since prior to the end of the zoning protection
period (whether or not built upon during such period),
conformed to existing zoning requirements at the commencement
of the zoning protection period (as noted above, there were
none in the present case), and has area of at least 5,000
square feet.
Lot 52 was conveyed into separate ownership on June 24, 1976,
within the five-year zoning protection period.
Lot 53 contained a dwelling which lawfully existed prior to
December 27, 1971. After being conveyed into separate
ownership, Lot 52 was lawfully improved with a primary
dwelling and a secondary dwelling.
The applicants purchased Lot 53, with the dwellings thereon,
on June 30, 2004. Through a nominee trust, they purchased Lot
52, with the dwelling thereon, on December 17, 2004. Lot 52
was then conveyed to the applicants, free of trust, on
February 13, 2007.
Under the definition of "Lot", as contained in the By-law, S2,
it is provided that parcels in common ownership, each of which
has been improved with dwellings conforming to applicable
zoning requirements at the time of construction, are
considered to be separate lots. Accordingly, Lots 52 and 53
have not merged, even though each is nonconforming with lot
area requirements and they have come into common ownership.
The applicable side yard setback requirement in the LUG-3
zoning district under Bylaw S139-16.A is 20 feet, but under
S139-33.E(3) (a) the setback is 10 feet for lots held in
separate ownership since prior to July 27, 1992. Thus, the
applicable setback for the locus was 10 feet, but it became 20
feet upon conveyance of the locus into common ownership with
Lot 52.
As noted above, the applicants now own Lot 52; however, the
dwellings thereon are completely unsuitable for occupancy by
handicapped persons.
Therefore, the applicants request relief as follows:
(a) By variance from the side yard setback requirement
of 20 feet under S139-16.A, to enable the construction of the
new dwelling with a setback of about 11 feet from the easterly
side lot line (it being noted that the handicapped ramp will
be as close as about 6 feet to the easterly side lot line) .
2 Fairgrounds Road Nantucket
508-228-7215 telephone
Massachusetts
508-228-7298 facsimile
02554
F:\WpI\Irvine\lS Lauretta Lane\ZBA Application.docx
(b) By variance from the ml.nl.mum lot area requirement
of 120,000 square feet under S139-16.A, insofar as the
dwelling upon the locus will be demolished and therefore the
locus will be unimproved at a point during the construction
process; or in the alternative a determination that, because
each of Lots 52 and 53 were lawfully improved with dwellings
while in separate ownership, their status as separate lots is
permanent notwithstanding their subsequent conveyance into
common ownership, without regard to the continuing status of
those dwellings.
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
SIGNATURE: HORACE H. IRVINE, II, and CASSANDRA H. IRVINE, Owners
By:
SIGNATURE:
Art
}..pplicant/ Attorney / Ageftt
Reade, Jr., Attorney
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OFFICE USE ONLY
Application received on:_/ _/ _ By:_ Complete:_ Need Copies:_
Filed with Town Clerk:_/ _/ _ Planning Board:_/ _/ _ Building Dept.:_/ _/ _ By:_
Fee deposited with Town Treasurer:_/ _/ _ By:_ Waiver requested:_
Granted:_/ _/ _ Hearing notice posted with Town Clerk:_/ _/ _ Mailed:_/ _/ _
I&M_/ _/ _ &_/ _/ _ Hearing(s) held on:_/ _/ _ Opened on :_/ _/ _
Continued to:_/ _/ _ Withdrawn:_/ _/ _ Decision Due By:_/ _/ _
Made:_/ _/ _ Filed w /Town Clerk:_/ _/ _ Mailed:_/ _/ _
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
F:\~I\Irvine\lS Lauretta La.ne\ZBA Application.docx
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READE GULLI CKSE
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To'\Jl'll of Nantucket
RECEIVED
BOARD OF ASSESSORS
JAN 2 2 2009
TOWN OF
NANTUCKET, MA
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Zoning Board of Appeals
LIST OF PARTIES IN INTEREST h'\J THE MATTER OF THE PETITION OF:
PROPERTY O\VNER..... ..:IM~.r~.y.; .&~A.~ :.r~.." ,..............
MAILING ADDRESS. .~/~..~~.~~~r. ..~~~.~.~.~~~.~.f.1.'. ..~~.r:.1.~Y.. .~..~it~~F.d, LLP
PROPERTY LOCATION...... . ../.-2....~~.....~.....
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ASSESSOR MAPIPARCEL.......... .-.. ............... ..... ...... .......... ..... ......,.
SUBMITTED BY .~.~~~~.~..~~~.1.~~~~_~~.1.. .~.~~~~X.. ~. .~.~.~~~:.~.'. ..~.~~.,
SEE ATTACHED PAGES
I certi fy that the foregoing is a list of all persons who are O\lffiers of abutting
property, OVvll.C\r$ 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, as they appear on the most recent applicable tax
list (M.G.L. c. 40A, Section 11 al1d Zoning Code Chapter 40A, Section 139-29B
(2).
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-di{fiORfS OFFICE
TOWN OF NANTUCKET
Horace H. Irvine, II
& Cassandra H. Irvine
2 Avery Street, Apt. 29-H
Boston, MA 02111
Anastasios Parafestas etal Tr
c/o Nicholas Llewellyn
88 Central Park W 8N
New York, NY 10023
Nantucket Conservation
Foundation, Inc.
Post Office Box 13
Nantucket, MA 02554
Mark 1. & Samantha B. Sandler
31 E 79th St
New York, NY 10021
vr
15 Lauretta Lane
14-10.1
2 sets
Horace H. Irvine, II
& Cassandra H. Irvine
2 Avery Street, Apt. 29-H
Boston, MA 02111
Anastasios Parafestas etal Tr
c/o Nicholas Llewellyn
88 Central Park W 8N
New York, NY 10023
Nantucket Conservation
Foundation, Inc.
Post Office Box 13
Nantucket, MA 02554
Mark J. & Samantha B. Sandler
31 E 79th St
New York, NY 10021
1-
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David B. Poor
& Patricia M. Beilman
25 West 94th Street
New York, NY 10025
Arthur I Reade, Jr.
Reade, Gullicksen, Hanley & Gifford, LLP
PO Box 2669
Nantucket, MA 02584
David B. Poor
& Patricia M. Beilman
25 West 94th Street
New York, NY 10025
Arthur I Reade, Jr.
Reade, Gullicksen, Hanley & Gifford, LLP
PO Box 2669
Nantucket, MA 02584
SEE ATTACHED
VAUGHAN, DALE, HUNTER, STETINA AND BEAUDETTE
PROFESSIONAL CORPORATION
EDWARD FOLEY VAUGHAK
KEVIN F. DALE
WILLIAMF.HUNTER
MARTIN JEFFREY STETINA
RICHARD P. BEAUDETTE
ATTORNEYS AT LAW
WHALER'S LANE
P.O. Box 659
NANTUCKET, MASSACHUSETTS 02554
TEL: 1508l228-4455
FAX: (508) 228.3070
May 19,2009
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Hand Delivered
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Catherine Flanagan Stover,
Nantucket Town Clerk
16 Broad Street
Nantucket, MA 02554
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NOTICE TO TOWN CLERK PURSUANT TO G.L. c. 40A, S 17
Dear Madam:
I, Richard P. Beaudette, Attorney for David B. Poor, Patricia Bellman, Mark J.
Sandler and Samantha B. Sandler ("Plaintiffs"), hereby provide notice that Plaintiffs have
this day filed an appeal in the Superior Court of the April 28, 2009 decision of the
Nantucket Zoning Board of Appeals in File No. 009-09 which was filed with your office
on April 29, 2009. Said decision granted Horace H. Irvine and Cassandra H. Irvine a
variance relative to 15 Lauretta Lane, Nantucket, Massachusetts.
A copy of the complaint filed in the Superior Court is attached hereto, pursuant to
G.L. c. 40A, ~ 17.
Thank you for your attention to this matter. Please call me at 508-228-4455
should you have any questions or concerns.
Sincerely,
p~zj
Richard P. Beaudette
Enclosure
Cc: David Poor
Mark Sandler
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TRIAL COURT OF THE COMMONWEALlH ; 1 q 2009; ,
SUPERIOR COURT DEPARTMENT Ii" ;
NANTUCKET DIVISION NAN~U-C,;-_J
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CIVIL ACTION NO. 0 1 - ') 7 -~-.-.
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DAVID B. POOR, PATRICIA BEILMAN, )
MARK J. SANDLER and SAMANTHA B. )
SANDLER, )
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Plaintiffs, )
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DALE W AINE, BURR TUPPER, LISA )
BOTTI CELLI, MARK POOR, and )
CAROL CROSS, as they are members of )
The NANTUCKET ZONING BOARD OF )
APPEALS, HORACE H. IRVINE II, and )
CASSANDRA H. IRVINE, )
Defendants. )
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COMPLAINT
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This is an appeal pursuant to G.L. c. 40A, ~ 17 from the April 28, 2009
decision of the Nantucket Zoning Board of Appeals (the "ZBA" or "Board") in
ZBA File No. 009-09 (the "Decision"). The Decision grants a Variance to the
improved real estate located at 15 Lauretta Lane, Nantucket, Massachusetts, and
shown as Lot 52 on Land Court Plan 16220-Q filed with Certificate of Title No.
7675 at the Nantucket Registry District (the "Locus"). As set forth below, the
Decision exceeds the ZBA's authority. The Applicant, Horace H. Irvine II and
Cassandra H. Irvine ("Applicant or Irvines") applied for a Variance from the ZBA
to demolish an existing single-family dwelling on the Locus and to construct a
new dwelling in its place within the twenty (20) foot minimum side yard setback
..
(b) The defendant, Burr Tupper, is named in his capacity as member of the
Zoning Board of Appeals for the Town of Nantucket, located at Two Fairgrounds
Road, Nantucket, County of Nantucket, Massachusetts, 02554. Upon information
and belief, Mr. Tupper resides at 5 Salros Road, Nantucket, MA 02554
(c) The defendant, Lisa Botticelli, is named in her capacity as member of
the Zoning Board of Appeals for the Town of Nantucket, located at Two
Fairgrounds Road, Nantucket, County of Nantucket, Massachusetts, 02554. Upon
information and belief, Mrs. Botticelli resides at 24 Pine Street, Nantucket,
Massachusetts 02554.
(d) The defendant, Mark Poor, is named in his capacity as member of the
Zoning Board of Appeals for the Town of Nantucket, located at Two Fairgrounds
Road, Nantucket, County of Nantucket, Massachusetts, 02554. Upon information
and belief, Mr. Poor resides at 8 Deer Run Road, P.O. Box 3363, Nantucket,
Massachusetts, 02584.
(e) The defendant, Carol Cross, is named in her capacity as member of the
Zoning Board of Appeals for the Town of Nantucket, located at Two Fairgrounds
Road, Nantucket, County of Nantucket, Massachusetts, 02554. Upon information
and belief, Mrs. Cross resides at 20 India Street, Nantucket, Massachusetts 02554.
(t) The defendant, Horace H. Irvine II ("Mr. Irvine"), is a natural person
who, upon information and belief resides at 2 Avery Street, Apt. 29H Boston, MA
02111. Mr. Irvine is the record owner of the Locus.
(g) The defendant, Cassandra H. Irvine ("Mrs. Irvine"), is a natural person
who, upon information and belief resides at 2 Avery Street, Apt. 29H Boston, MA
02111. Mrs. Irvine is the record owner of the Locus.
3
area. The Decision is erroneous and exceeds the Board's authority. It fails to
identify a specific finding, as required by the Nantucket Zoning Bylaw ("Bylaw"),
as to how the applicant will endure a substantial hardship if the Variance is
denied. The decision also exceeds the Board's authority by granting a Variance
without first making a specific finding as to whether the Locus is a separate
buildable lot as defined by the Nantucket Zoning Bylaw or whether the Locus is
merged with the Applicant's other contiguous parcel.
The Board's finding that the wetlands located on the Locus are unique
circumstances that do not affect generally properties in the Limited Use General-3
Zoning District is erroneous because wetland resources are located throughout the
Limited Use General-3 Zoning District and the Locus is not unique.
Accordingly, the Court should annul the Decision and direct the ZBA to
deny the relief requested. A certified copy of the Decision appealed from is
attached hereto as Exhibit A.
JURISDICTION
The plaintiffs brings this action pursuant to Mass. Gen. L. c. 40A, S 17
which confers jurisdiction on the Superior Court in the District where the land
lies.
PARTIES
1. (a) The defendant, Dale Waine, is named in his capacity of Chairman of
the Zoning Board of Appeals for the Town of Nantucket, located at Two
Fairgrounds Road, Nantucket, County of Nantucket, Massachusetts, 02554. Upon
information and belief, Mr. Waine resides at 11 Bishops Rise, Nantucket,
Massachusetts, 02554.
2
2. (a) Plaintiffs David Poor and Patricia Beilman are natural persons who
reside at 25 West 94th Street, New York City, NY 10025, and are the record
owners of 5 and 7 Lauretta Lane, Nantucket, MA 02554, shown as Lot 65 on
Land Court Plan No. 16220-X, which directly abuts the Locus to the South ("Poor
Land").
(b) Plaintiffs Mark Sandler and Samantha Sandler are natural persons who
reside at Apt. 10, 31 East 79th Street, New York City, NY 10075, and are the
record owners of 11 Lauretta Lane, shown as Lot 61 upon Land Court Plan
22667- T, which directly abuts the locus to the East ("Sandler Land").
FACTS
3. In April 2009, the applicant applied to the Nantucket Zoning Board of
Appeals for a Variance for the Locus for relief from the minimum twenty (20)
feet side yard set back requirement and the minimum 120,000 square feet lot area
requirement. See application attached hereto as Exhibit B.
4. The Locus is a non-conforming lot with an existing single family dwelling
and is located in the Limited Use General-3 ("LUG-3") zoning district on
Nantucket. The Locus has an area of approximately 60, 981 square feet. The
minimum lot area for lots in the LUG-3 zoning district is 120,000 square feet.
The locus has a frontage upon a "way" of 79.66 feet. The minimum frontage
requirement in the LUG-3 zoning district is 200 feet.
5. In their application to the ZBA, the Irvines, through counsel, proposed to
demolish a pre-existing non conforming single-family dwelling upon the Locus
and construct a new dwelling.
4
6. The Irvines sought a Variance from the minimum side yard set back of 20
feet required in the LUG-3 zoning district pursuant to section 139-16 of the By-
law.
7. The Irvines also sought a Variance from the minimum lot size requirement
of 120,000 square feet set forth in section 139-16 of the Bylaw in order to protect
the buildability of the Locus as a separate lot during the proposed demolition and
reconstruction process.
8. On April 9, 2009, the Board held a public hearing on the Irvine's request
for a Variance and voted to grant the Variance.
9. The Board based its findings solely upon the facts and history of the locus
as presented by the Irvine's counsel.
10. The Irvines did not submit any independent affidavits or other testimony
or documentation at the ZBA hearing to provide the ZBA facts to warrant the
grant of Variance relief pursuant to the standards set for in Section 139-32 of the
By-laws.
11. The Irvines did not submit to the ZBA, as part of their application, or at
the April 9, 2009 hearing, evidence to establish the date of construction of the
single family dwelling on the Locus.
12. The ZBA based its decision, in large part, upon the statements of the
Irving's attorney to the effect that the Locus had not "merged" with a contiguous
parcel of land also owned by the Irvines.
13. The Irvines did not provide evidence or information to the ZBA as to the
beneficial ownership history and control of the Locus and the contiguous parcel
also owned by the Irvines.
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14. Upon information and belief, the Locus was held in the same beneficial
ownership and control as the contiguous parcel also owned by the Irvines from
September 6, 1966 to June 29, 1977, and again from 2007 to the present.
15. The word "Lot", as defined in section 139-2 the Nantucket Zoning Bylaw
provides that "two lots held in common ownership are to be considered separate
lots for zoning purposes only if such lots were lawfully improved with one or
more dwellings conforming to all applicable zoning requirements, if any, at the
time of construction."
16. At its hearing, the ZBA failed to establish the specific dates the Locus and
the contiguous parcel were built upon and whether the two parcels complied with
all applicable zoning requirements at the time of construction.
17. The Variance decision fails to identify specific dates when the two parcels
owned by the Irvines were built upon and fails to make a specific finding that the
Locus and the contiguous parcel complied with all applicable zoning requirements
at the time of construction.
18. The ZBA had no reasonable basis to make an informed decision about
whether the Locus merged into the contiguous Irvine parcel without specific
information relative to dates within which the parcels were built upon.
19. Upon information and belief, either the Locus or the Irvine contiguous
parcel were built upon after the five year limitations period set forth in M.G.L., c.
40A, S5A, as it existed prior to Acts of 1975, c. 808; Sections 139-33(G); 139-
33(E), each of which is referenced in the Board's April 28, 2009 decision.
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20. The Locus and the contiguous Irvine parcel shown as Lot 53 on Land
Court Plan 16220-Q registered at the Nantucket Registry District of the Land
Court are "merged" into one lot pursuant to Massachusetts Law.
21. The Locus, which has merged with contiguous Irvine Lot 53 allows the
Irvines to reconstruct the existing dwelling on the Locus and Lot 53 as one
"buildable" Lot without the necessity of Variance relief from the setback
requirements set forth in Section 16 of the Bylaw.
22. The Board exceeded its authority by treating the Locus as a separate lot
for zoning purposes and otherwise failing to either question the Irvines about
specific dates their two contiguous parcels of land were built upon or to include in
its decision such specific dates.
23. The ZBA exceeded its authority by failing to question the Irvines about
the history of the beneficial ownership and control of the Locus and contiguous
parcel Lot 53, and by failing to include in its decision specific findings relative to
the historical beneficial ownership and control of the two contiguous parcels
owned by the Irvines.
24. Upon information and belief, the elevation plans and final plans for the
proposed Irvine dwelling were never submitted to the ZBA for its consideration
prior to the Variance decision at issue.
25. The ZBA did not require the Irvines to submit final plans with elevations
for the proposed dwelling to the Board.
26. Plaintiffs received an "abutter's notice" of the Irvine's Variance
application to the ZBA and subsequently contacted Irvine's counsel via email and
telephone about the Irvine Variance Application. Plaintiffs expressed their
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concern about the project and requested elevation plans and final plans to get a
better understanding of the Irvines' proposed new dwelling on the Locus.
27. Irvines' counsel agreed to provide elevation plans and final building plans
for the Irvine dwelling to the Plaintiffs prior to the ZBA hearing and further
agreed to continue the hearing from the March 2009 public hearing to the April
2009 public hearing to afford the Plaintiffs sufficient time to review and comment
upon the elevation plans and final plans for the Irvine dwelling.
28. Irvine's counsel failed and neglected to provide Plaintiffs with copies of
the elevation plans in a timely manner and at the time of the April 29, 2009 ZBA
public hearing, Irvine's counsel represented to the ZBA that he had been in
contact with Plaintiffs and they had "no objections" to the Variance.
29. Irvines failed and neglected to provide Plaintiffs with copies of any final
plans which included elevations concerning the applicant's proposal for a new
Irvine dwelling on the locus as promised.
30. The ZBA exceeded its authority by granting a Variance without requiring
the applicant to provide final plans for the proposed dwelling which include exact
elevation plans for the new dwelling.
31. Massachusetts Law and the Nantucket Zoning Bylaw require the ZBA, in
granting a Variance, to make specific findings relative to the substantial hardship
which would result to the applicant if the Bylaw was literally enforced.
32. The Irvines failed and neglected to provide the ZBA with evidence of, and
the Board failed to specifically find, that the Irvines would suffer a substantial
hardship if the Bylaw was literally enforced and no Variance was granted.
8
33. The Board exceeded its authority by granting a Variance without making a
specific finding relative to the substantial hardship which would result to the
applicant if a the Bylaw was literally enforced and by finding that wetlands on the
Locus constituted unique circumstances affecting the Locus and not generally
affecting the land in the LUG-3 District when, in fact, wetland resource areas are
found on land throughout the LUG-3 Zoning District.
COUNTl
34. Plaintiff incorporates by reference, as though fully restated herein, the
allegations set forth in Paragraphs 1 through 33 above with the same force and
effect as if stated herein.
35. The ZBA failed to make specific written findings required by the
Nantucket Zoning Bylaw, Section 139-32 when it granted the Irvine Variance at
issue. The Decision lacks a specific finding relative to the Applicant's substantial
hardship and fails to make specific findings relative to the merger of the locus
with the Irvines' contiguous parcel. Further, the ZBA's finding that wetlands on
the Locus constitute unique circumstances that do not generally affect other land
in the LUG.3 Zoning District is clearly erroneous.
36. The ZBA's Variance decision exceeds its authority
37. The ZBA's Variance decision is erroneous as a matter oflaw.
38. Plaintiffs are aggrieved by the Board's decision, and will suffer substantial
hann if the decision is permitted to stand.
RELIEF REQUESTED
For the foregoing reasons, Plaintiffs respectfully request that this Court
enter a judgment:
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1. Annulling the April 28, 2009 Decision of the Nantucket Zoning
Board of Appeals in ZBA File No. 009-09;
2. Directing the Nantucket Zoning Board of Appeals to deny the
requested relief;
3. Awarding Plaintiffs their reasonable costs and attorney's fees
incurred in bringing this appeal; and
4. Granting such other and further relief as the Court deems just and
proper.
DAVID B. POOR, PATRICIA
BEILMAN, MARK J. SANDLER
and SAMANTHA B. SANDLER
Plaintiffs
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chard P. Beaudette, Esq., BBO# 658136
Kevin F. Dale, Esq. BBO# 112340
Vaughan, Dale, Hunter, Stetina and
Beaudette, P.C.
P.O. Box 659, Whaler's Lane
Nantucket, MA 02554
Tel No. 508-228-4455
Nantucket, Massachusetts
Dated: May 19, 2009
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EXHIBIT A
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: April 28
,2009
To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No.:
009-09
Owner/Applicant:
Horace H. Irvine, II and Cassandra H. Irvine
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TWENTY (20) days after this day's
date. Notice of the action with a copy of the complaint and
certified copy of the Decision must be given to the Town Clerk so
as to be received within such TWENTY (20) days.
~ l .~.~: t, (' 11.))
Michael J: O'Mara, Chairman
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~EASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
ANn WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
~-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32
\~ARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
'OF APPEALS OFFICE AT 508-228-7215.
Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 14, Parcel 10.1
15 Lauretta Lane
Limited Use General-3
Land Court Plan 16220-Q
Lot 52
Certificate of Title No. 22513
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, April 9, 2009, at 1:00 P.M., at 2
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of HORACE H. IRVINE, II,
and CASSANDRA H. IRVINE, c/o Reade, Gullicksen, Hanley & Gifford,
LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File
No. 009-09:
2. The applicants seek to demolish the pre-existing,
nonconforming single-family dwelling upon the locus and to
construct a new dwelling. As a result of wetlands upon the
locus, the building area is constrained, and the Nantucket
Conservation Commission has approved a location for the new
dwelling which would be sited about eleven (11) feet from the
easterly side property line. (In addition, since one of the
applicants is physically handicapped, a handicapped access ramp,
exempt from zoning setback requirements under M.G.L., c. 40A, ~3,
would extend to a point about six (6) feet from the easterly
property line.) The applicant contends that the locus has the
benefit of certain protections under the Massachusetts Zoning
Act, c. 40A, and the Nantucket Zoning By-law, which will be
discussed below. The applicants request relief by Variance from
the side yard setback requirement of twenty (20) feet, as
required in this district under By-law ~139-16.A, and also from
the minimum lot area requirement of 120,000 square feet in order
to protect the zoning status of the locus as a separate lot
during the proposed demolition and reconstruction process,
notwithstanding the fact that the locus is in common ownership
with adjacent land and does not meet the minimum lot area
requirement. The present and proposed conditions upon the locus
are shown upon two plans by Nantucket Surveyors LLC dated January
12, 2009, copies of which are attached hereto as Exhibits A-I and
A-2, respectively. The locus is situated at 15 LAURETTA LANE,
Nantucket Assessor's Map 14 as Parcel 10.1, is shown upon Land
Court Plan 16220-Q as Lot 52, and is situated in a Limited Use
General-3 zoning district.
3. Our
accompanying
received at
decision is based upon the application and
materials, and representations and testimony
our public hearing. There was no Planning Board
I
recommendation, on the basis that no issues of planning concern
were presented. Staff received inquiries from certain neighbors,
but the applicants' counsel stated that he had been in contact
with those neighbors and no objections had been received. Apart
from the presentation by the applicants' counsel, no other
support nor opposition was received at the public hearing.
4. The locus has a complex zoning history. It contains
about 60,981 square feet; minimum lot area in the LUG-3 zoning
district is 120,000 square feet. Frontage upon a "way" which in
included within the boundaries of locus is 79.66 feet; minimum
frontage in LUG-3 is 200 feet. Locus was a part of Lot 22B upon
Land Court Plan 16220-J until December 27, 1971, when a previous
owner subdivided Lot 22B into Lots 52 (locus) and 53 by a plan
endorsed as "approval not required" by the Planning Board, filed
as Plan 16220-Q. Under the Zoning Enabling Act, M.G.L., c. 40A,
~5A, as it existed prior to Acts of 1975, c. 808, lots shown upon
an ANR plan and containing at least 5,000 square feet and having
at least 50 feet of frontage, held in common ownership, were
permitted to be built upon for residential purposes for a period
of five years following such endorsement. Each of Lots 52 and 53
contains in excess of 5,000 square feet and has in excess of 50
feet of frontage. Under Nantucket Zoning By-law ~139-33.G,
second sentence, tracking the old c. 40A, ~5A, a lot shown upon
an ANR plan endorsed prior to January, 1976, which complied with
zoning requirements in effect at the time of endorsement (on
December 27, 1971, there were no zoning requirements in
Nantucket), may be built upon for residential purposes for a
period of five years following endorsement even though in common
ownership with adjacent land, if it has at least 5,000 square
feet in lot area and 50 feet of frontage. Under By-law ~139-
33. E, an increase in dimensional zoning requirements does not
prevent an unimproved lot from being built upon for single or
two-family residential purposes, provided that it has frontage of
at least 20 feet or an appurtenant easement for access to a
public way, if at the time the more restrictive zoning
requirements came into effect the lot had the benefit of a zoning
protection period under provisions including ~139-33.G, was held
in separate ownership at all times since prior to the end of the
zoning protection period (whether or not built upon during such
period), conformed to existing zoning requirements at the
commencement of the zoning protection period, and has area of at
least 5,000 square feet. Lot 53 was conveyed into separate
ownership on June 24, 1976, within the five-year protection
period. Lot 52 contained a dwelling which lawfully existed prior
to December 27, 1991. After being conveyed into separate
ownership, Lot 52 was improved with a primary dwelling and a
secondary dwelling. The applicants purchased Lot 53 with the
dwellings thereon, on June 30, 2004. Through a nominee trust,
they purchased Lot 52, with the dwelling thereon, on December 17,
2
2004. Lot 52 was conveyed to the applicants, free of trust, on
February 13, 2007. Under the definition of "lot", as contained
in By-law ~2, it is provided that parcels in common ownership,
each of which has been improved with dwellings conforming with
applicable zoning requirements at the time of construction are
considered to be separate lots. Accordingly, Lots 52 and 53 have
not merged, even though each is nonconforming with lot area
requirements and they have now come into common ownership.
5. The applicable minimum side yard setback in the LUG-3
zoning district under ~139-16.A is twenty (20) feet, but under
By-law ~139-33.E(3) (a) the minimum setback is ten (10) feet for
lots held in separate ownership since prior to July 7, 1972.
Thus, the applicable setback for the locus is now 20 feet, since
it has come into common ownership with Lot 53.
6. The applicants wish to demolish the existing dwelling
and construct a new dwelling which will be handicapped-accessible
in order to meet the requirements of Mr. Irvine, who is disabled
and must use a wheelchair. Although they also own the dwellings
upon the adjacent Lot 53, the applicants presented the Board with
the fact that those dwellings are completely unsuitable for
occupancy by handicapped persons. The proposed dwelling will
conform with all dimensional requirements of the By-law except
for the easterly side yard setback, and the presence of extensive
wetlands upon the locus (and upon Lot 53) results in there being
no practical place upon the locus to construct the proposed
dwelling without reducing the easterly setback. This location
has been approved by the Conservation Commission, which has
itself granted a waiver of the 50-foot setback of all structures
from the wetland boundary under the Nantucket Wetlands Protection
Regulations.
7. Based upon the facts presented and the unusual zoning
history of the locus, the Board of Appeals made the finding that
owing to circumstances relating to the soil conditions, shape and
topography of the locus (specifically, the existence and
locations of wetlands), and especially affecting the locus but
not affecting generally the zoning district in which the locus is
situated, a literal enforcement of the provisions of the By-law
as to setback and minimum lot area would involve substantial
hardship to the applicant, and that desirable relief may be
granted without substantial detriment to the public good and
without substantially derogating from the intent or purpose of
the By-law; and by UNANIMOUS vote, granted relief by VARIANCE
from the side yard setback requirement of By-law ~139-16.A in
order to enable the construction of the new dwelling with a
setback of about eleven (11) feet from the easterly side lot line
(the handicapped access ramp, which is not required to meet set
back requirements, being still closer to the easterly lot line),
3
and from the minimum lot area requirement of 120,000 square feet,
in order to enable the existing dwelling upon locus to be
demolished prior to construction of the replacement swelling;
subject to the following conditions:
(a) There shall be no secondary dwelling upon the
locus;
(b) The ridge height of the new dwelling shall not
exceed 25 feet above mean grade, as defined in the By-law; and
(c) The setback of the new dwelling from the easterly
lot line shall not be less than ten (10) feet.
SIGNATURE PAGE TO FOLLOW
4
Dated: April~, 2009
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. April ~ 2009
Onthis qfl" day of A;:7n j ,2009, before me, the undersigned Notary Public, personally appeared
U~I',K pAtJy ,who is personally known to me, and who is the person whose
name is signed on the preceding or attached document, and who acknowledged to me that he/she signed it voluntarily
for its stated purpose.
Notary Public: V<:-ht:' SoA,. K.l4p()N'
My commission expires:,A4a.rch ,;J.;l, .;l0/3
5
NANTUCKET
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HORACE ':fIR\1NE. II
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HORACE H. IRVINE. II
'" CASSANDRA IRVINE
14-10.1
LOT 52, LCPL 16220-Q
AREA -60,981 :l:S.F.
25' BurrER"
...........
VEGETATED
WETLAND
50' SETBACK
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309' TO LAURETTA LANE
WAY
(19.70' WIDE)
CURRENT ZONING: LUG 3
MINIMUM LOT SIZE: 120,000 S.F.
MINIMUM FRONTAGE: 200 FT
FRONTYARD SETBACK: 35 FT.
SIDE AND REAR SETBACK: 20 FT.
ALLOWABLE G.C.R.: 3%
EXISTING G.C.R.: 1.6% PROPOSED G.C.R.:2.3%
FOR PROPERTY UNE DETERMINA l10N THIS PLOT PLAN
REUES ON CURRENT DEEDS AND PLANS OF RECORD.
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A 11M
EXAMINA nON OR A RECORDABLE SURVEY.
COPYRIGHT BY NANTUCKET SURVEYORS
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PROPOSED
ORlVEWA Y
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MARK J. &: SAMANTHA B.
SANDLER
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176.20'
PROPOSED PLOT PLAN
@ 15 LAURETTA LANE
IN
NANTUCKET. MASSACHUSETTS
SCALE: 1"=50' DATE: 1-12-09
DEED REFERENCE: CERT. 22.513
PLAN REFERENCE: LCPL 16220-Q
ASSESSOR'S REFERENCE:
MAP: 14 PARCEL: 10,1
PREP ARED FOR:
CASSANDRA H. IRVINE
NANTUCKET SURVEYORS LLC
5 WINDY WAY
NANTUCKET. MA. 02554
LLC.
N-9430
NANnJCKET
HARBOR
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HORACE H. IRVINE, U
" CASSANORA H. IRVINE
14-10.1
LC.PL 1622o-Q
LOT 52
AREA -60,981 :S.F.
25' BUFFER ZONE
so' SETBACK"
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HORACE H. IRVINE, II .:..,_ _./ .,-
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PATRICIA M. BEILMAN
14-53
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CURRENT ZONING: LUG 3
MINIMUM LOT SIZE: 120,000 S.F.
MINIMUM FRONTAGE: 200 FT.
FRONTYARD SETBACK: 35 FT.
SIDE AND REAR SETBACK: 20 FT.
ALLOWABLE G.C.R.: 3%
EXISTING G.C.R.: 1.6% ( I
'-'
FOR PROPERTY UNE DETERMINATION THIS PLOT PLAN
REUES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FlELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENlED TO BE A TITlE
EXAMINATION OR A RECORDABLE SURVEY.
COPYRIGHT BY NANTUCKET SURVEYORS
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AS-BUILT PLOT PLAN
@ 15 LAURETTA LANE
IN
NANTUCKET. MASSACHUSETTS
SCALE: 1"=50' DATE: 1-12-09
DEED REFERENCE: CERT. 22.513
PLAN REFERENCE: LCPL. 16220-Q
ASSESSOR'S REFERENCE:
MAP: 14 PARCEL: 10.1
PREP ARED FOR:
CASSANDRA H. IRVINE
NANTUCKET SURVEYORS LLC
5 WINDY WAY
NANTUCKET. MA. 02554
LLC.
N-9430
EXHIBIT B
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
';~I
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',.'.)
APPLICATION
Fee: $300.00
File No. JO~ -09
Owner's name(s):
Horace H. Irvine, II, and Cassandra H. Irvine
Mailing address:
c/o Reade, GulIicksen, Hanley & Gifford, LLP
Phone Number:
508-228-3128
E-Mail
air@readelaw.com
Applicant's name(s):
Same
Locus Address:
15 Lauretta Lane
Assessor's Map/Parcel:
14-10.1
Plan reference:
Land Court Plan 16220-Q, Lot 53
Certificate of Tide No.
22513
Zoning DistJ:ict:
Limited Use General-3
Uses on Lot- Commercial: None
Residential: Number of dwellings 1 Duplex 0 Apartments 0
Date of StJ:ucture(s): all pre-date 7/72
Building Permit Numbers: None
Previous Zoning Board Application Numbers: None
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
P':\WpI\Jrvlnc\15 LlL\1XOt.ta. Un(!:\ZOA Appli.(l..t.i.~n.docx.
State below or attach a separate addendwn of specific special pClmits or variance relief applying for:
The applicant seeks to demolish the pre-existing,
nonconforming single-family dwelling upon the locus and to
construct a new dwelling. The applicant, Horace H. Irvine,
II, is physically handicapped and requires an accessible
dwelling. As a result of wetlands upon the locus, the
buildable area is constrained, and accordingly the Nantucket
Conservation Commission has approved a location for the new
dwelling which would be sited about 11 feet from the easterly
side property line. Handicapped access ramps, exempt from
zoning setback requirements under M.G.L., c. 40A, ~3, would
extend to a point about 6 feet from that property line.
The zoning status of the locus is as follows. Lot area is
about 60,981 square feet; minimum lot area in this LUG-3
zoning district is 120,000 square feet. Frontage upon a "way"
which is included within the boundaries of the locus is 79.66
feet; minimum frontage in this district is 200 feet.
The locus was a part of Lot 22B upon Land Court Plan 16220-J
until December 27, 1971, when a previous owner subdivided Lot
22B into Lots 52 and 53 (the locus) by a plan endorsed as
"approval not required" by the Planning Board, filed as Plan
16220-Q.
Under the Zoning Enabling Act, M.G.L., c. 40A, ~5A, as it
existed prior to the enactment of Acts of 1975, c. 808, lots
shown upon an ANR plan and containing at least 5,000 square
feet in lot area and having at least 50 feet of frontage, held
in common ownership, were permitted to be built upon for
residential purposes for a period of five years following such
endorsement. Each of Lots 52 and 53 contains in excess of
5,000 square feet in lot area and has frontage in excess of 50
feet. Under Nantucket Zoning By-law ~139-33.G, second
sentence, tracking the old c. 40A, ~5A, a lot shown upon an
ANR plan endorsed prior to January, 1976, which complied with
zoning requirements in effect at the time of endorsement (on
December 27, 1971, there were no zoning requirements in
Nantucket), may be built upon for residential purposes for a
period of five years following endorsement even though in
common ownership with adjacent land, if it has at least 5,000
square feet in lot area and 50 feet of frontage.
Under By-law ~139-33.E, an increase in dimensional zoning
requirements does not prevent an unimproved lot from being
built upon for single or two-family residential purposes,
provided that it has frontage of at least 20 feet or an
appurtenant easement for access to a public way, if at the
time the more restrictive zoning requirements came into effect
2 Fairgrounds Road Nantucket
508-228-7215 telephone
Massachusetts
508-228-7298 facsimile
02554
f'1\WpI\Iryin<t\lS 1.aurotta LlIonc\ZBA Application.docK
the lot had the benefit of a zoning protection period under
provisions including ~139-33.G, was held in separate ownership
at all times since prior to the end of the zoning protection
period (whether or not built upon during such period),
conformed to existing zoning requirements at the commencement
of the zoning protection period (as noted above, there were
none in the pres en tease), and has area of a t leas t 5 , 000
square feet.
Lot 52 was conveyed into separate ownership on June 24, 1976,
within the five-year zoning protection period.
Lot 53 contained a dwe11ing which lawfu11y existed
December 27, 1971. After being conveyed into
ownership, Lot 52 was lawfu1ly improved with a
dwelling and a secondary dwe1ling.
prior to
separate
primary
The applicants purchased Lot 53, with the dwe11ings thereon,
on June 30, 2004. Through a nominee trust, they purchased Lot
52, with the dwelling thereon, on December 17, 2004. Lot 52
was then conveyed to the applicants, free of trust, on
February 13, 2007.
Under the definition of "Lot", as contained in the By-law, ~2,
it is provided that parcels in common ownership, each of which
has been improved with dwellings conforming to applicable
zoning requirements at the time of construction, are
considered to be separate lots. Accordingly, Lots 52 and 53
have not merged, even though each is nonconforming with 10t
area requirements and they have come into common ownership.
The applicable side yard setback requirement in the LUG-3
zoning district under Bylaw ~139-16.A is 20 feet, but under
S139-33.E(3) (a) the setback is 10 feet for 10ts he1d in
separate ownership since prior to July 27, 1992. Thus, the
app1icable setback for the 10cus was 10 feet, but it became 20
feet upon conveyance of the locus into common ownership wi th
Lot 52.
As noted above, the applicants now own Lot 52; however, the
dwel1ings thereon are completely unsuitable for occupancy by
handicapped persons.
Therefore, the applicants request relief as follows:
(a) By variance from the side yard setback requirement
of 20 feet under ~139-16.A, to enable the construction of the
new dwelling with a setback of about 11 feet from the easterly
side lot line (it being noted that the handicapped ramp will
be as close as about 6 feet to the easterly side lot line) .
2 Fairgrounds Road Nantucket
508-228-7215 tclc})hone
Massachusctts
508-228-7298 facsimilc
02554
F:\WpI\IrtVina:\lS L;1urot:t& Lan~\?aA ~J"plicatioJ\.d6C)(
(b) By variance from the m1nJ.mum lot area requirement
of 120,000 square feet under ~13 9-16. A., insofar as the
dwelling upon the locus will be demolished and therefore the
locus will be unimproved at a point during the construction
process; or in the al terna ti ve a determination that, because
each of Lots 52 and 53 were lawfully improved with dwellings
while in separate ownership, their status as separate lots is
permanent notwithstanding their subsequent conveyance into
common ownership, without regard to the continuing status of
those dwellings.
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
SIGNATURE: HORACE H. IRVINE, II, and CASSANDRA H. IRVINE, Owners
BY:~
SIGNATURE: . ! ~ L Applieant/Attorney/Ageftt
Artlur I. Reade, Jr., Attorney
OFFICE USE ONLY
Application received on:_1 _I _ By:_ Complete:_ Need Copies:_
Filed with Town Clerk:_1 _I _ Planning Board:_1 j _ Building Dept.:_1 _I _ Hy:_
Fce depositcd with Town Treasurer:_I_I_ By:_ Waiver rcqucsted:_
Granted:_I_1 _ Hearing notice posted with Town Clerk_I_1 _ Mailed:_1 _1_
I&M_I_I_ &_1 ........J _ Hcaring(s) held on:_1 _I __ Opened on :_1_1 _
Continued to:_I__1 _ Withdrawu:_I_1 _ Decision Due By:_I_1 _
Made:_1 _1_ Filed w ITown Clcrk_I_1 _ Mailcd:_1 _1_
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 tclephone 508-228-7298 facsimile
F.\Hpl\I:r:vinc\15 Lauretta L.llc\r.~ Appliclltion.do(:)C
'L/~~/'U'}V VQ,~I r^4 UUO~~q~O~U
-- -----,-~.-.................. .--.-.........- ._.--------.~-,.
J:\CIWL ~'ULl.~~,I\')L
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-# 5,00
. RECEiVED
BOARD OF ASsESSORS
.IAN 2 2 2009
Town of Nantucket
TOWN OF
NANTUrn(ET, MA
I
)
Zoning Board of Ap'peals
UST OF P AR.TlES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER....... .flr#~( y.~ .1?t.~A .~. ;.1~.." ..,.. ..........
MAILJNG ADDRESS. .<?/~. .~~.~~~ r. ..r;:~~~.~.~~~.~.ry.~ ..~~.\l,~~Y.. .~. .~~I~~r.d, LLP
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SUBMITTED BY. .~.~~~~.~.. ~~~.~.~~~.~_~~ .'.. .~r.~~~~.~..~. .?~.~~?:,~.'...~~~.,
SEE ATTACHED PAGES
r certify that the foregoing is a list of all persons who are owners of ab utting
property, O'hn(';rs of land directly opposite on any public or private stTeet or way;
and abutters of the abutters and all other land owners witl1in 300 feet of the
property line of owner's property, as they appe.ar on the most recent applicable tax
list (M.G.L. c. 40A, Section 11 811d Zoning Code Chapter 40A, S~ction 139-29B
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Horace H. Irvine, II
& Cassandra H. Irvine
2 A very Street, Apt. 29-H
Boston, MA 02111
Anastasios Parafestas eta] Tr
c/o Nicholas Llewellyn
88 Central Park W 8N
New York, NY 10023
Nantucket Conservation
Foundation, Inc.
Post Office Box 13
Nantucket, MA 02554
Mark J. & Samantha B. Sandler
31 E 79th St
New York, NY 10021
q"
I
15 Lauretta Lane
14-10.1
2 sets
Horace H. Irvine, II
& Cassandra H. Irvine
2 Avery Street, Apt. 29-H
Boston, MA 02111
Anastasios Parafestas etal Tr
c/o Nicholas Llewellyn
88 Central Park W 8N
New York, NY 10023
Nantucket Conservation
Foundation, Inc.
Post Office Box 13
Nantuckct, MA 02554
Mark J. & Samantha B. Sandler
31 E 791h St
New York, NY 10021
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David B. Poor
& Patricia M. Beilman
25 West 941h Street
New York, NY 10025
Arthur 1. Reade, Jr.
Reade, Gullicksen. Hanley & Gifford, LLP
PO Box 2669
Nantucket, MA 02584
David B. Poor
& Patricia M. Beilman
25 West 941h Street
New York, NY 10025
Arthur 1. Reade, Jr.
Reade, Gullicksen, Hanley & Gifford, LLP
PO Box 2669
Nantucket, MA 02584
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Town of Nantucket Web GIS - Prirltable Map
Town of Nantucket Web GIS
14 ~)1
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Prop 10
Address
Owner
14 10.1
15 LAURElTA LN
IRVINE HORACE H II &
CASSANDRA H
2 AVERY STREET APT
29H
BOSTON, MA 02111
02/13/2007
$0
C0022513
1. 7 acres
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Q!SG1!!l!nr-J: The information displayed on this Or
any other map produted by The Town of
Nantucket is for referente purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs,
AIi Information is from the TOWI1 of Nantucket
Geographic Information System (GIS) database.
Sale Date
Sale Pl'ice
Book/Page
lot Size
COjlyrigll12005 Town of Nal1tuckel, MA. All rights reserved. DevelopGd by AppGeo
Page 1 of1
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CURRENT ZONING: LUG 3
MINIMUM LOT SIZE: 120,000 S.F.
MINIMUM FRONTAGE: 200 FT.
FRONTYARD SETBACK:35 F~
SIDE AND REAR SETBACK: 20 FT.
ALLOWABLE G.C.R.: 3"
EXISllNG G.C.R.: 1.6"
FOR PROPERTY UNE DElERMINA 11 ON ll-lIS PLOT PLAN
RWES ON CURRENT DEEDS AND PLANS OF RECORD,
VERlFlED BY flEW MEASUREMENTS AS SHO\\tll HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A 11TLE
EXAMINA nON OR A RECORDABLE SURVEY,
COPYRIGHT BY NANTUCKET SURVEYORS
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AS-BUILT PLOT PLAN
o 15 LAURETTA LANE
IN
NANTUCKE~ MASSACHUSETTS
SCALE: 1""",50' DATE: 1-12-09
DEED REFERENCE: CERT. 22,513
PLAN REFERENCE: LCPL. 16220-Q
ASSESSOR'S REFERENCE:
MAP:14 PARCEL: 10.1
PREP ARED FOR:
CASSANDRA H. IRVINE
NANTUCKET SURVEYORS LLC
5 WINDY WAY
NANTUCKET, MA. 02554
LLC.
N-9430
NANTUCKET
HARBOR
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190':1:
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CURRENT ZONING: LUG 3
MINIMUM LOT SIZE: 120,000 S.F.
MINIMUM FRONTAGE: 200 FT
FRONTYARD SETBACK: 35 FT.
SIDE AND REAR SETBACK: 20 FT.
ALLOWABLE G.C.R.: 3%
EXISTING G.C.R.: 1.6% PROPOSED G.C.R.: 2.3%
FOR PROPERTY UNE DElERt.UNA 11 ON 11-IIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
Tl-fIS PLAN IS NOT REPRESENlED TO BE A 111lE
EXAMINA TlON OR A RECORDABLE SUR'v1::Y.
COPYRIGHT BY NANTUCKET SURVEYORS
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PROPOSED PLOT PLAN
o 15 LAURETTA LANE
IN
NANTUCKET, MASSACHUSETTS
SCALE: 1"=50' DATE:1-12-09
DEED REFERENCE: CERT. 22,513
PLAN REFERENCE: LCPL 16220-Q
ASSESSOR'S REFERENCE:
MAP:14 PARCEL: 10.1
PREPARED FOR:
CASSANDRA H, IRVINE
NANTUCKET SURVEYORS LLC
5 WINDY WAY
NANTUCKET, MA. 02554
LLC.
N-9430
Town of Nantucket Web GIS - Printable Map
Page 1 of I
Town of Nantucket Web GIS
/
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/
11
14 56.2
1455.1
1451
6
1455.2
5
1453
o
83ft
Prop 10
Address
Owner
1410.1
15 LAURETTA LN
IRVINE HORACE H II &
CASSANDRA H
2 AVERY STREET APT
29H
BOSTON, MA 02111
02/13/2007
$0
C0022513
1. 7 acres
NOT A LEGAL DOCUMENT
Sale Date
Sale Price
Book/Page
Lot Size
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Disclaimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
Geographic Information System (GIS) database.
Town of Na ntucket, Massachusetts
Map Composed
2/11/2009
Copyright 2005 Town of Nantucket. MA. All rights reserved. Developed by AppGeo
http://host. app geo. com/nantucketma/PrintableMap. aspx?Preserve= Width&Map Width=8 64&Map... 2/ II /2009
25' BUFFER ZONE
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. CASSNIlRA H. IfMNE
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AS-BUILT PLOT PLAN
o 15 LAURETTA LANE
IN
NANTUCKE~ MASSACHUSETTS
SCALE: 1"=50' DATE: 1-12-09
DEED REFERENCE: CERT. 22.513
PLAN REFERENCE: LCPL 16220-Q
ASSESSOR'S REFERENCE:
MAP: 14 PARCEL: 10.1
PREP ARED FOR:
CASSANDRA H. IRVINE
CURRENT ZONING: LUG 3
MINIMUM LOT SIZE: 120.000 S.F.
MINIMUM FRONTAGE: 200 FT.
FRONTY ARD SETBACK: 35 FT.
SIDE AND REAR SETBACK: 20 FT.
ALLOWABLE G.C.R.: 3~
EXISTING G.C.R.: 1.6~
FOR PROPERTY UNE DElERMINA nON THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD.
VERlFJED BY FJELD MEASUREMENTS AS SHO\\tll HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A nTLE
EXAMINA nON OR A RECORDABLE SUR\f.:Y,
COPYRIGHT BY NANTUCKET SURVEYORS
NANTUCKET SURVEYORS LLC
5 WINDY WAY
NANTUCKE~ MA. 02554
LLC.
N-9430
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SCALE: 1"=50' DATE: 1-12-09
DEED REFERENCE: CERT. 22,513
PLAN REFERENCE: LCPL 16220-Q
ASSESSOR'S REFERENCE:
MAP: 14 PARCEL: 10.1
PREP ARED FOR:
CASSANDRA H. IRVINE
CURRENT ZONING: LUG 3
MINIMUM LOT SIZE: 120,000 S.F.
MINIMUM FRONTAGE: 200 FT
FRONTYARD SETBACK: 35 FT.
SIDE AND REAR SETBACK: 20 FT.
ALLOWABLE G.C.R.: 3"
EXISTING G.C.R.: 1.6" PROPOSED G.C.R.: 2.3"
FOR PROPERTY UNE DEl'ERMINA TION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS Of RECORD.
VERIFIED BY FIELD MEASUREMENTS AS SHO\Wll HEREON.
THIS PLAN IS NOT REPRESENlED TO BE A TITlE
EXAUINA TION OR A RECORDABLE SURVEY.
COPYRIGHT BY NANTUCKET SURVEYORS
NANTUCKET SURVEYORS LLC
5 WINDY WAY
NANTUCKE~ MA. 02554
LLC.
N-9430
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: April 28 ,2009
To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No. :
009-09
Owner/Applicant:
Horace H. Irvine, II and Cassandra H. Irvine
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TWENTY (20) days after this day's
date. Notice of the action with a copy of the complaint and
certified copy of the Decision must be given to the Town Clerk so
as to be received within such TWENTY (20) days.
/11 /) () r ~1f {/I~-)J
/ ~l (, ~, . G-
.
Michael J. O'Mara, Chairman
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 14, Parcel 10.1
15 Lauretta Lane
Limited Use General-3
Land Court Plan 16220-Q
Lot 52
Certificate of Title No. 22513
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, April 9, 2009, at 1:00 P.M., at 2
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of HORACE H. IRVINE, II,
and CASSANDRA H. IRVINE, c/o Reade, Gullicksen, Hanley & Gifford,
LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File
No. 009-09:
2. The applicants seek to demolish the pre-existing,
nonconforming single-family dwelling upon the locus and to
construct a new dwelling. As a result of wetlands upon the
locus, the building area is constrained, and the Nantucket
Conservation Commission has approved a location for the new
dwelling which would be sited about eleven (11) feet from the
easterly side property line. (In addition, since one of the
applicants is physically handicapped, a handicapped access ramp,
exempt from zoning setback requirements under M.G.L., c. 40A, ~3,
would extend to a point about six (6) feet from the easterly
property line.) The applicant contends that the locus has the
benefit of certain protections under the Massachusetts Zoning
Act, c. 40A, and the Nantucket Zoning By-law, which will be
discussed below. The applicants request relief by Variance from
the side yard setback requirement of twenty (20) feet, as
required in this district under By-law ~139-16.A, and also from
the minimum lot area requirement of 120,000 square feet in order
to protect the zoning status of the locus as a separate lot
during the proposed demolition and reconstruction process,
notwithstanding the fact that the locus is in common ownership
with adjacent land and does not meet the minimum lot area
requirement. The present and proposed conditions upon the locus
are shown upon two plans by Nantucket Surveyors LLC dated January
12, 2009, copies of which are attached hereto as Exhibits A-1 and
A-2, respectively. The locus is situated at 15 LAURETTA LANE,
Nantucket Assessor's Map 14 as Parcel 10.1, is shown upon Land
Court Plan 16220-Q as Lot 52, and is situated in a Limited Use
General-3 zoning district.
3. Our
accompanYlng
received at
decision is
materials,
our public
based upon the
and representations
hearing. There was no
application and
and testimony
Planning Board
1
recommendation, on the basis that no issues of planning concern
were presented. Staff received inquiries from certain neighbors,
but the applicants' counsel stated that he had been in contact
with those neighbors and no objections had been received. Apart
from the presentation by the applicants' counsel, no other
support nor opposition was received at the public hearing.
4. The locus has a complex zoning history. It contains
about 60,981 square feet; minimum lot area in the LUG-3 zoning
district is 120,000 square feet. Frontage upon a "way" which in
included within the boundaries of locus is 79.66 feet; minimum
frontage in LUG-3 is 200 feet. Locus was a part of Lot 22B upon
Land Court Plan 16220-J until December 27, 1971, when a previous
owner subdivided Lot 22B into Lots 52 (locus) and 53 by a plan
endorsed as "approval not required" by the Planning Board, filed
as Plan 16220-Q. Under the Zoning Enabling Act, M.G.L., c. 40A,
~5A, as it existed prior to Acts of 1975, c. 808, lots shown upon
an ANR plan and containing at least 5,000 square feet and having
at least 50 feet of frontage, held in common ownership, were
permitted to be built upon for residential purposes for a period
of five years following such endorsement. Each of Lots 52 and 53
contains in excess of 5,000 square feet and has in excess of 50
feet of frontage. Under Nantucket Zoning By-law ~139-33.G,
second sentence, tracking the old c. 40A, ~5A, a lot shown upon
an ANR plan endorsed prior to January, 1976, which complied with
zoning requirements in effect at the time of endorsement (on
December 27, 1971, there were no zoning requirements in
Nantucket), may be built upon for residential purposes for a
period of five years following endorsement even though in common
ownership with adjacent land, if it has at least 5,000 square
feet in lot area and 50 feet of frontage. Under By-law ~139-
33. E, an increase in dimensional zoning requirements does not
prevent an unimproved lot from being built upon for single or
two-family residential purposes, provided that it has frontage of
at least 20 feet or an appurtenant easement for access to a
public way, if at the time the more restrictive zoning
requirements came into effect the lot had the benefit of a zoning
protection period under provisions including 5139-33.G, was held
in separate ownership at all times since prior to the end of the
zoning protection period (whether or not built upon during such
period), conformed to existing zoning requirements at the
commencement of the zoning protection period, and has area of at
least 5,000 square feet. Lot 53 was conveyed into separate
ownership on June 24, 1976, within the five-year protection
period. Lot 52 contained a dwelling which lawfully existed prior
to December 27, 1991. After being conveyed into separate
ownership, Lot 52 was improved with a primary dwelling and a
secondary dwelling. The applicants purchased Lot 53 with the
dwellings thereon, on June 30, 2004. Through a nominee trust,
they purchased Lot 52, with the dwelling thereon, on December 17,
2
2004. Lot 52 was conveyed to the applicants, free of trust, on
February 13, 2007. Under the definition of "lot", as contained
in By-law ~2, it is provided that parcels in common ownership,
each of which has been improved with dwellings conforming with
applicable zoning requirements at the time of construction are
considered to be separate lots. Accordingly, Lots 52 and 53 have
not merged, even though each is nonconforming with lot area
requirements and they have now come into common ownership.
5. The applicable minimum side yard setback in the LUG-3
zoning district under ~ 13 9 -16. A is twenty (20) feet, but under
By-law ~139-33.E(3) (a) the minimum setback is ten (10) feet for
lots held in separate ownership since prior to July 7, 1972.
Thus, the applicable setback for the locus is now 20 feet, Slnce
it has come into common ownership with Lot 53.
6. The applicants wish to demolish the existing dwelling
and construct a new dwelling which will be handicapped-accessible
in order to meet the requirements of Mr. Irvine, who is disabled
and must use a wheelchair. Although they also own the dwellings
upon the adjacent Lot 53, the applicants presented the Board with
the fact that those dwellings are completely unsuitable for
occupancy by handicapped persons. The proposed dwelling will
conform with all dimensional requirements of the By-law except
for the easterly side yard setback, and the presence of extensive
wetlands upon the locus (and upon Lot 53) results in there being
no practical place upon the locus to construct the proposed
dwelling without reducing the easterly setback. This location
has been approved by the Conservation Commission, which has
itself granted a waiver of the 50-foot setback of all structures
from the wetland boundary under the Nantucket Wetlands Protection
Regulations.
7. Based upon the facts presented and the unusual zoning
history of the locus, the Board of Appeals made the finding that
owing to circumstances relating to the soil conditions, shape and
topography of the locus (specifically, the existence and
locations of wetlands), and especially affecting the locus but
not affecting generally the zoning district in which the locus is
situated, a literal enforcement of the provisions of the By-law
as to setback and minimum lot area would involve substantial
hardship to the applicant, and that desirable relief may be
granted without substantial detriment to the public good and
without substantially derogating from the intent or purpose of
the By-law i and by UNANIMOUS vote, granted relief by VARIANCE
from the side yard setback requirement of By-law ~139-16.A in
order to enable the construction of the new dwelling with a
setback of about eleven (11) feet from the easterly side lot line
(the handicapped access ramp, which is not required to meet set
back requirements, being still closer to the easterly lot line),
3
and from the minimum lot area requirement of 120,000 square feet,
in order to enable the existing dwelling upon locus to be
demolished prior to construction of the replacement swelling;
subject to the following conditions:
(a) There shall be no secondary dwelling upon the
locus;
(b) The ridge height of the new dwelling shall not
exceed 25 feet above mean grade, as defined in the By-law; and
(c) The setback of the new dwelling from the easterly
lot line shall not be less than ten (10) feet.
SIGNATURE PAGE TO FOLLOW
4
Dated: April ~f 2009
. sayotticelli .
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Mark,,~. or .
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Carol Cross
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. April ~ 2009
On this C?Y day of Apn j , 2009, before me, the undersigned Notary Public, personally appeared
Uti/')( fCb,,()y , who is personally known to me, and who is the person whose
name is signed on the preceding or attached document, and who acknowledged to me that he/she signed it voluntarily
for its stated purpose.
Notary Public: V-?ht:' s.~ K. M~tJrf"?
My commission expires:,A.1arc), ';>.;l, ,Jlo/3
5
NANTUCKET
HARBOR
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HORACE H. IRVINE, II
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1+-10.1
LOT 52, LCPL 16220-Q
AREA -60,981 :t:S.F.
25' BUFFER
VEGETATED
'M.:TLAND
50' SETBACK
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"
309' TO LAURETTA LANE
WAY
(19.70' WIDE)
,..~
CURRENT ZONING: LUG 3
MINIMUM LOT SIZE: 120,000 S.F.
MINIMUM FRONTAGE: 200 FT
FRONTYARD SETBACK: 35 FT.
SIDE AND REAR SETBACK: 20 FT.
ALLOWABLE G.C.R.: 3%
EXISTING G.C.R.: 1.6% PROPOSED G.C.R.:2.3%
FOR PROPERTY UNE DETERMINA 110N THIS PLOT PLAN
REUES ON CURRENT DEEDS AND PLANS OF RECORD.
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A 11TLE
EXAMINA 110N OR A RECORDABLE SURVEY.
COPYRIGHT BY NANTUCKET SURVEYORS
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MARK J. de SAMANTHA B.
SANDLER
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PROPOSED PLOT PLAN
@ 15 LAURETTA LANE
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NANTU CKET, MASSACHUSETTS
SCALE: 1"=50' DATE:1-12-09
DEED REFERENCE: CERT. 22,513
PLAN REFERENCE: LCPL 16220-Q
ASSESSOR'S REFERENCE:
MAP: 14 PARCEL: 10.1
PREP ARED FOR:
CASSANDRA H. IRVINE
NANTUCKET SURVEYORS LLC
5 WINDY WAY
NANTUCKET, MA. 02554
LLC.
N-9430
NANnJCKET
HARBOR
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LOT 52
AREA -60,9S1 :i:S.F.
25' BUFFER ZONE
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SANDLER
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309' TO LAURETTA LANE
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176.20'
N/F
DAVID B. POOR &:
PATRICIA M. BElL.t.lAN
14-53
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AS-BUILT PLOT PLAN
@ , 5 LAURETTA LANE
IN
NANTUCKET, MASSACHUSETTS
SCALE: 1"=50' DATE: 1-12-09
DEED REFERENCE: CERT. 22,513
PLAN REFERENCE: LCPL. 16220-Q
ASSESSOR'S REFERENCE:
MAP: 14 PARCEL: 10. ,
PREP ARED FOR:
CASSANDRA H. IRVINE
NANTUCKET SURVEYORS LLC
5 WINDY WAY
NANTUCKET, MA. 02554
CURRENT ZONING: LUG 3
MINIMUM LOT SIZE: 120,000 S.F.
MINIMUM FRONTAGE: 200 FT.
FRONTYARD SETBACK: 35 FT.
SIDE AND REAR SETBACK: 20 FT.
ALLOWABLE G.C.R.: 3%
EXISTING G.C.R.: 1.6%
FOR PROPERTY UNE DETERMINATION THIS PLOT PLAN
REUES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A TITLE
EXAMINA TlON OR A RECORDABLE SURVEY.
COPYRIGHT BY
SURVEYORS LtC.
N-9430
READE. GULLICKSEN, HANLEY & GIFFORD, LLP
SIX YOUNG'S WAY
NANTUCKET, MASSACHUSETIS 02554
ARnruR. L READE, JR., P.C.
KENNETII A GULLICKSEN
MARIANNE HANLEY
WlllTNEY A GIFFORD
MAILING ADDRESS:
(508) 228-3,128
FAX: (508) 228-5630
POST OmCE BOX 2669
NANTUCKET, MASS. 02584
STEVEN L. COHEN
March 23, 2010
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BY BAND DBLrYBRY
Catherine Flanagan Stover,
Town Clerk
Town of Nantucket
16 Broad Street
Nantucket, Massachusetts 02554
Re: Zoning Board of Appeals
File No. 009-09
Horace H. Irvine, II et al
Dear Catherine:
In the above matter, an appeal was filed in Nantucket
Superior Court from the decision granting variance relief to the
applicants. Subsequently, the plaintiffs in that case
voluntarily dismissed the appeal. I enclose court-certified
copies of the "Plaintiff's Voluntary Dismissal With Prejudice"
and of the court docket record.
We now need to record the decision. Since an appeal was
filed, the usual stamp, certifying that 20 days have passed and
no appeal was filed, is not applicable. Rather, you should
certify that an appeal was filed within 20 days following the
filing of the decision on April 28, 2009, and that the appeal
was voluntarily dismissed by the appellants.
Please let me know if you have any question about this.
Thank you for your cooperation.
Sincerely,
~ Reade,
air@readelaw.com
Jr.
AIR/irv
F:\WpI\Irvine\lS Lauretta Lane\Letter to Stover 3-23-2010.docx
MASXP-20080312
chuIchpa .
Commonwealth of Massachusetts
NANTUCKET SUPERIOR COURT
Case Summary .
Civil Docket
03/12/2010
11 :45 AM
Service Answer Rule12119/20 Rule 15 Dlscoverv Rule 56 Final PTC Judament
Served By 09/16/2009 09/16/2009 03/15/2010 04/14/2010
Flied By 08/17/2009 09/16/2009 10/16/2009 10/16/2009 05/14/2010 03/10/2011
Heard Bv 11/15/2009 11/15/2009 . 09/11/2010
NACV2009-o0037
Poor et al v Waine, as member of Nantucket ZBA et al
Status Dismissed (dism)
Session A - Civil A
Case Type C02 - Zoning appeal (40A)
Lead Case
Unknown
File Date 05/19/2009
Status. Date 02/23/2010
Origin 1 - Complaint
Track F - Fast track
Plaintiff
DavidB. Poor
Active 05/19/2009
Private Counsel 658136
Richard P. Beaudette
Vaughan Dale & Hunter
Whalers Lane
PO Box 659
Nantucket, MA 02554
Phone: 508-228-4455
Fax: 508-228-3070
Active 05/19/2009 Notify
Plaintiff
Patricia Beilman
Active 05/19/2009
Plaintiff
Mark J. Sandler
Active 05/19/2009
Plaintiff
Samantha B. Sandler
Active 05/19/2009
Nantucket Superior Court
A ~ copy'. CERTIFIED
. kiC-~
Clerk
8tJip
Date
case01 200575 Y Y Y Y Y Y
Page 1 of4
MASXP-20080312
ch~rchpa .
Commonwealth of Massachusetts
NANTUCKET SUPERIOR COURT
Case Summary
Civil Docket
03/12/2010
11 :45 AM
NACV2009..Q0037
Poor et al v Waine. as member of Nantucket ZBA et al
Private Counsel 121000
Paul R DeRensis
Deutsch Williams Brooks DeRensis et al
One Design Center Place
Suite 600
Boston, MA 02110-1235
Phone: 617-951-2300
Fax: 617-951-2323
Active 06/17/2009 Notify
Defendant
Dale Waine, as member of Nantucket ZBA
Served: OS/20/2009
Served (answr pending) 06/04/2009
Defendant
Burr Tupper, as member of Nantucket ZBA
Served: OS/28/2009
Served (answr pending) 06/01/2009
Defendant
Lisa Botticelli, as member of Nantucket ZBA
Served: OS/20/2009
Served (answr pending) 06/04/2009
Private Counsel 548775
Kimberly M Saillant
Deutsch Williams Brooks DeRensis et al
One Design Center Place
Suite 600
Boston, MA 02110-
Phone: 617-951-2300
Fax: 617-951-2323
Active 06/17/2009 Notify
Private Counsel 121 000
Paul R DeRensis
Deutsch Williams Brooks DeRensiset al
One Design Center Place
Suite 600
Boston, MA 02110-1235
Phone: 617-951-2300
Fax: 617-951-2323
Active 06/17/2009 Notify
Private Counsel 548775
Kimberly M Saillant
Deutsch Williams Brooks DeRensis et al
One Design Center Place
Suite 600
Boston, MA 02110-
Phone: 617-951-2300
Fax: 617-951-2323
Active 06/17/2009 Notify
Private Counsel 121 000
Paul R DeRensls
Deutsch Williams Brooks DeRensis et al
One Design Center Place
Suite 600
Boston, MA 02110-1235
Phone: 617-951-2300
Fax: 617-951-2323
Active 06/17/2009 Notify
case01 200575 y y Y Y Y Y
Page 2 of 4
MASXP-20080312
chllfchpa .
Commonwealth of Massachusetts
NANTUCKET SUPERIOR COURT
Case Summary
Civil Docket
03/12/2010
11 :45 AM
NACV2009-G0037
Poor et at v Waine. as member of Nantucket ZBA et al
\ Private Counsel 548775
,'KimberlY M Saillant
Deutsch Williams Brooks DeRensis et al
One Design Center Place
Suite 600
Boston, MA 02110-
Phone: 617-951-2300
Fax: 617-951-2323
Active 06/17/2009 Notify
Defendant
Marl< Poor, as member of Nantucket ZBA
Served: OS/28/2009
Served (answr pending) 06/01/2009
Private Counsel 121 000
Paul R DeRensis
Deutsch Williams Brooks DeRensis et al
One Design Center Place
Suite 600
Boston, MA 02110-1235
Phone: 617-951-2300
Fax: 617-951-2323
Active 06/17/2009 Notify
Private Counsel 548775
Kimberly M Saillant
Deutsch Williams Brooks DeRensis et al
One Design Center Place
Suite 600
Boston, MA 02110-
Phone: 617-951-2300
Fax: 617-951-2323
Active 06/17/2009 Notify
Defendant
Carol . Cross. as member of Nantucket ZBA
Served: OS/2012009
Served (answr pending) 06/04/2009
Private Counsel 121000
Paul R DeRensis
Deutsch Williams Brooks DeRensis et al
One Design Center Place
Suite 600
Boston, MA 02110-1235
Phone: 617-951-2300
Fax: 617-951-2323
Active 06/17/2009 Notify
Private Counsel 548775
Kimberly M Saillant
Deutsch Williams Brooks DeRensis et al
One Design Center Place
Suite 600
Boston. MA 02110-
Phone: 617-951-2300
Fax: 617-951-2323
Active 06/17/2009 Notify
case01 200575 Y Y Y Y Y Y
Page 3 of4
MASXP-20080312
churchpa .
. .
Commonwealth of Massachusetts
NANTUCKET SUPERIOR COURT
Case Summary
Civil Docket
03/12/2010
11 :45 AM
NACV2009-o0037
Poor et al v Waine. as member of Nantucket ZBA et al
Defendant
Horace H. Irvine II
Served: 06/02/2009
Served (answr pending) 06/04/2009
Defendant
Cassandra H. Irvine
Served: 06/02/2009
Served (answr pending) 06/04/2009
Paper
1.0
-
...
ate
5/19/2009
5/19/2009
6/01/2009
2.0
3.0
4.0
5.0
Text
Appeal from Nantucket, MA Zoning Board filed
Origin 1, Type C02, Track F.
SERVICE RETURNED: Dale Waine, as member of Nantucket ZBA(Defendant)
and all members of the Zoning Board of Appeals
SERViCE RETURNED: Cassandra H. Irvine{Defendant)
SERVICE RETURNED: Horace H. Irvine II(Defendant)
Affidavit of compliance by Richard P. Beaudette with proof of service
of complaint re: all Defendants
Atty Kimberly M Saillant and Paul DeRensis's notice of appearance for
the defendants, the members of the Nantucket ZBA
Notice of voluntary dismissal (41 a.U)
case01 200575 Y y y Y Y Y
Page 4 of 4
~(b
TRIAL COURT OF THE COMMONWEALTII
SUPERIOR COURT DEPARTMENT
NANTUCKET DIVISION
.
,-,-.''''-'\
--..-.- .
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-" .....'~\.C . \
CIVIL ACTION ~lf9~37 _,!'_\.:~.<., ."",..,..."\ \
DAVID B. POOR, PATRICIA BEILMAN, ) \ \" f~~ 2.3 1\\\\\ \.. \
MARK J. SANDLER and SAMANTHA B. ) \ \. _._--::~,-:(;R \
\ -.-..<< ~, ''''.\:.BI-.-' \
SANDLE ) j...-~; - 'J.fJ ',:>v: ~ ~~<~.,J
R, \ ",\ f'. ~{I \,)C'''.r (~\ t{~~~~.""
",r.., - u'p, \.1'-.__
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Plaintiffs,) L--
)
)
)
)
)
)
)
)
)
)
)
v.
DALE W AINE, BURR TUPPER, LISA
BOITICELLI, MARK POOR, and
CAROL CROSS, as they are members of
The NANTUCKET ZONING BOARD OF
APPEALS, HORACE H. IRVINE II, and
CASSANDRA H. IRVINE,
Defendants.
PLAINTIFF'S VOLUNTARY DISMISSAL WITH PREJUDICE
Now come the Plaintiffs, David B. Poor, Patricia Beilman, Mark Sandler, and
Samantha Sandler, and hereby voluntarily agree in accordance with the provisions of
Mass. R. Civ. P. 41(a)(l) that all claims set forth by Plaintiff in this litigation again~ the
Defendants, Town of Nantucket Zoning Board of Appeals, Harace H. Irvine IT and,
Cassandra H. Irvine, be dismissed with prejudice.
Nantucket, Massachusetts
Dated: February --'2.2010
Nantucket Superior Court
~FIED'
Clerk
Date L3 If' !tD
, .
DAVID B. POOR, PATRICIA BEILMAN,
MARK J. SANDLER and SAMANTHA B.
SANDLER
Plaintiffs
BY~,. ~
~/?~e: ..
Richard P. Beaudette, Esq., BBO# 658136
Kevin F. Dale, Esq. BBO# 112340
Vaughan, Dale, Hunter, Stetina and
Beaudette, P.C.
P.O. Box 659, Whaler's Lane
Nantucket, MA 02554
Tel No. 508-228-4455
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
MEMORANDUM
Date: July 7, 2015
To: Town Clerk
From: Eleanor Weller Antonietti, Zoning Administrator
Re: CLARIFICATION of EXTENSION of Zoning Board Decision #009-09
The above referenced Zoning Board of Appeals Decision regarding 15 Lauretta Lane, filed with the
Town Clerk on April 29, 2009, and registered with the Nantucket County District of the Land Court
as Document No. 130037, requires a clarification of the Extension thereto, registered as Document
No. 141580.
On April 28, 2009, the Zoning Board of Appeals (ZBA) issued a Variance to Horace H. Irvine, II, and
Cassandra H. Irvine. Prior to the Permit Extension Act (the "Act"), the Variance would have expired
one year from this date, or April 28, 2010. The Permit Extension Act was created by Section 173 of
Chapter 240 of the Acts of 2010 (granting an automatic two year extension) and extended by Sections
74 and 75 of Chapter 238 of the Acts of 2012. The 2012 Acts automatically extend, for four years
beyond its otherwise applicable expiration date, any regulatory approval in effect or existence during
the qualifying period beginning August 15, 2008 and extending through August 15, 2012. With the
four-year extension granted by virtue of the 2012 Act, the Variance would have expired on April 28,
2014.
However, at the ZBA meeting on December 8, 2011, the Applicants were granted a six-month
extension for the Variance. This was approved during the two-year extension period then in effect
under the 2010 version of the Act, and thus purported to extend the time until October 28, 2012.
On December 13, 2011, an instrument intended to extend the Variance by six months was filed with
the Town Clerk. Although the document filed and registered was in the wrong form, the purpose was
to affirm the unanimous vote of the Board at the December 8, 2011 meeting to extend the time until
October 28, 2012.
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 - 7215 telephone 508 - 228 - 7298 facsimile
The purpose of this Memo is to clarify that the four-year period would have started anew on October
28, 2012, so the Variance would be in effect until October 28, 2016.
This clarification is limited to the time period of the Extension and will neither affect the content of
the relief contained in the Decision nor the completed appeal period.
Thank you.
Eleanor Weller Antonietti,
Zoning Administrator
COMMONWEALTH OF MASSACHUSETTS
Nantucket ss
On the C day of , 2015, before me, the undersigned notary public, personally
appeare Eleanor Weller Ant nietti, the above-named Zoning Administrator of Nantucket,
Massachusetts, personally known to me to be the person whose name is signed on the preceding
document, and acknowledged that she signed the foregoing instrument voluntarily for the purposes
therein
let essed.
P
otary ic:
My Commission Expires:
T
Notary Public
Of MASSACHUSETTS
My ComMAsion Eon*
2 Fairgrounds Road Nantucket Massachusetts 02554
508- 228 - 7215 telephone 508 - 228- 7298 facsimile
Cart: 24098 Doc: EP - '";
Registered: 07/10/2013 03:39 PM
RH N
s- fk r l►-5 i --
:
. 011110041I- /
NANTUCtCET TOWN CLERK
TOWN OF NANTUCKET
Lk;
BOARD OF APPEALS
NANTUCKET, MA 02554 t....,
File No. D If( - 641 I\fap 14 Parcel jv,f
This agreement to extend the time limit for the Board of Appeals to make a decision,hold a public hearing,or
to take other action concerning the app'carton of:
I 0 Et }t. 11vtt+4 1 Siki1)P, It 1 fVIY4A
Pursuant to the provisions of the Acts of 1987,Chapter 498,amending the State Zoning Act,Chapter 40A of
the Massachusetts General Laws,Applicants)/Petitioner(s)and the Zoning Board of Appeals hereby agree to
J extend the time limit
N 0 For a public hearing on the application
0 For a written decision
.0 0 For other action
c-J
Such application is:
-mil
V 0 An appeal from the decision of any administrative official
Li._ 0 A petition for a special permit
. A' A petition for a variance
0 An extension
L..
4 0 A modification 7 , 7
The new time limit shall be midnight on �(A(Allr U, it)t r!. ,which is not earlier than
a time limit set by statute or bylaw.
The Applicant(s),attorney,or agent for the Applicant represented to be duly authorized to act in this matter
for the applicant,in executing this agreement waives any rights under the Nantucket Zoning Bylaw and the
State g Act,as amended,to the extent,but only to the extent,inconsistent with this agreement-
:; ,* - a. /
For A.p'. - t(s)
. 1
1
.run_ d of Appeals
Town Clerk Stamp:
Effective Date of Agreement
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
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Cert: 23314 Dos: VAR
`, Registered: 03/23/2010 03:26 PM
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: April 28 , 2009
To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No. : 009-09
Owner/Applicant: Horace H. Irvine, II and Cassandra H. Irvine
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TWENTY (20) days after this day' s
date. Notice of the action with a copy of the complaint and
certified copy of the Decision must be given to the Town Clerk so
as to be received within such TWENTY (20) days.
At ,
Michael J. O'Mara, Chairman
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LAW SECTION 139-30 (SPECIAL PERMITS) ; SECTION 139-32
(VARIANCES) . ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
130037
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor' s Map 14 , Parcel 10.1 Land Court Plan 16220-Q
15 Lauretta Lane Lot 52
Limited Use General-3 Certificate of Title No. 22513
DECISION:
1 . At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, April 9, 2009, at 1 : 00 P.M. , at 2
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of HORACE H. IRVINE, II,
and CASSANDRA H. IRVINE, c/o Reade, Gullicksen, Hanley & Gifford,
LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File
No. 009-09:
2 . The applicants seek to demolish the pre-existing,
nonconforming single-family dwelling upon the locus and to
construct a new dwelling. As a result of wetlands upon the
locus, the building area is constrained, and the Nantucket
Conservation Commission has approved a location for the new
dwelling which would be sited about eleven (11) feet from the
easterly side property line. (In addition, since one of the
applicants is physically handicapped, a handicapped access ramp,
exempt from zoning setback requirements under M.G.L. , c. 40A, §3,
would extend to a point about six (6) feet from the easterly
property line. ) The applicant contends that the locus has the
benefit of certain protections under the Massachusetts Zoning
Act, c. 40A, and the Nantucket Zoning By-law, which will be
discussed below. The applicants request relief by Variance from
the side yard setback requirement of twenty (20) feet, as
required in this district under By-law §139-16.A, and also from
the minimum lot area requirement of 120, 000 square feet in order
to protect the zoning status of the locus as a separate lot
during the proposed demolition and reconstruction process,
notwithstanding the fact that the locus is in common ownership
with adjacent land and does not meet the minimum lot area
requirement. The present and proposed conditions upon the locus
are shown upon two plans by Nantucket Surveyors LLC dated January
12, 2009, copies of which are attached hereto as Exhibits A-1 and
A-2, respectively. The locus is situated at 15 LAURETTA LANE,
Nantucket Assessor' s Map 14 as Parcel 10. 1, is shown upon Land
Court Plan 16220-Q as Lot 52, 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. There was no Planning Board
1
130037
recommendation, on the basis that no issues of planning concern
were presented. Staff received inquiries from certain neighbors,
but the applicants' counsel stated that he had been in contact
with those neighbors and no objections had been received. Apart
from the presentation by the applicants' counsel, no other
support nor opposition was received at the public hearing.
4 . The locus has a complex zoning history. It contains
about 60 , 981 square feet; minimum lot area in the LUG-3 zoning
district is 120, 000 square feet. Frontage upon a "way" which in
included within the boundaries of locus is 79. 66 feet; minimum
frontage in LUG-3 is 200 feet . Locus was a part of Lot 22B upon
Land Court Plan 16220-J until December 27, 1971, when a previous
owner subdivided Lot 22B into Lots 52 (locus) and 53 by a plan
endorsed as "approval not required" by the Planning Board, filed
as Plan 16220-Q. Under the Zoning Enabling Act, M.G.L. , c. 40A,
§5A, as it existed prior to Acts of 1975, c. 808, lots shown upon
an ANR plan and containing at least 5, 000 square feet and having
at least 50 feet of frontage, held in common ownership, were
permitted to be built upon for residential purposes for a period
of five years following such endorsement . Each of Lots 52 and 53
contains in excess of 5, 000 square feet and has in excess of 50
feet of frontage. Under Nantucket Zoning By-law §139-33 .G,
second sentence, tracking the old c. 40A, §5A, a lot shown upon
an ANR plan endorsed prior to January, 1976, which complied with
zoning requirements in effect at the time of endorsement (on
December 27, 1971, there were no zoning requirements in
Nantucket) , may be built upon for residential purposes for a
period of five years following endorsement even though in common
ownership with adjacent land, if it has at least 5, 000 square
feet in lot area and 50 feet of frontage. Under By-law §139-
33 .E, an increase in dimensional zoning requirements does not
prevent an unimproved lot from being built upon for single or
two-family residential purposes, provided that it has frontage of
at least 20 feet or an appurtenant easement for access to a
public way, if at the time the more restrictive zoning
requirements came into effect the lot had the benefit of a zoning
protection period under provisions including §139-33 .G, was held
in separate ownership at all times since prior to the end of the
zoning protection period (whether or not built upon during such
period) , conformed to existing zoning requirements at the
commencement of the zoning protection period, and has area of at
least 5, 000 square feet. Lot 53 was conveyed into separate
ownership on June 24 , 1976, within the five-year protection
period. Lot 52 contained a dwelling which lawfully existed prior
to December 27, 1991 . After being conveyed into separate
ownership, Lot 52 was improved with a primary dwelling and a
secondary dwelling. The applicants purchased Lot 53 with the
dwellings thereon, on June 30, 2004 . Through a nominee trust,
they purchased Lot 52, with the dwelling thereon, on December 17,
2
130037
2004 . Lot 52 was conveyed to the applicants, free of trust, on
February 13, 2007. Under the definition of "lot" , as contained
in By-law §2, it is provided that parcels in common ownership,
each of which has been improved with dwellings conforming with
applicable zoning requirements at the time of construction are
considered to be separate lots. Accordingly, Lots 52 and 53 have
not merged, even though each is nonconforming with lot area
requirements and they have now come into common ownership.
5. The applicable minimum side yard setback in the LUG-3
zoning district under §139-16.A is twenty (20) feet, but under
By-law §139-33 .E (3) (a) the minimum setback is ten (10) feet for
lots held in separate ownership since prior to July 7, 1972 .
Thus, the applicable setback for the locus is now 20 feet, since
it has come into common ownership with Lot 53 .
6 . The applicants wish to demolish the existing dwelling
and construct a new dwelling which will be handicapped-accessible
in order to meet the requirements of Mr. Irvine, who is disabled
and must use a wheelchair. Although they also own the dwellings
upon the adjacent Lot 53, the applicants presented the Board with
the fact that those dwellings are completely unsuitable for
occupancy by handicapped persons. The proposed dwelling will
conform with all dimensional requirements of the By-law except
for the easterly side yard setback, and the presence of extensive
wetlands upon the locus (and upon Lot 53) results in there being
no practical place upon the locus to construct the proposed
dwelling without reducing the easterly setback. This location
has been approved by the Conservation Commission, which has
itself granted a waiver of the 50-foot setback of all structures
from the wetland boundary under the Nantucket Wetlands Protection
Regulations.
7 . Based upon the facts presented and the unusual zoning
history of the locus, the Board of Appeals made the finding that
owing to circumstances relating to the soil conditions, shape and
topography of the locus (specifically, the existence and
locations of wetlands) , and especially affecting the locus but
not affecting generally the zoning district in which the locus is
situated, a literal enforcement of the provisions of the By-law
as to setback and minimum lot area would involve substantial
hardship to the applicant, and that desirable relief may be
granted without substantial detriment to the public good and
without substantially derogating from the intent or purpose of
the By-law; and by UNANIMOUS vote, granted relief by VARIANCE
from the side yard setback requirement of By-law §139-16 .A in
order to enable the construction of the new dwelling with a
setback of about eleven (11) feet from the easterly side lot line
(the handicapped access ramp, which is not required to meet set
back requirements, being still closer to the easterly lot line) ,
3
130037
and from the minimum lot area requirement of 120, 000 square feet,
in order to enable the existing dwelling upon locus to be
demolished prior to construction of the replacement swelling;
subject to the following conditions:
(a) There shall be no secondary dwelling upon the
locus;
(b) The ridge height of the new dwelling shall not
exceed 25 feet above mean grade, as defined in the By-law; and
(c) The setback of the new dwelling from the easterly
lot line shall not be less than ten (10) feet.
SIGNATURE PAGE TO FOLLOW
4
130037
Dated: April ,R0 , 2009
Dale Wain-
Bu Tupper itioalliv 4k;
sa)otticelli
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Mark2r ., ..7 e."‘zs, 2
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•
Carol Cross
COMMONWEALTH OF MASSACHUSETTS
Nantucket,ss. - April de,2009
On this tig-day of 2009,before me,the undersigned Notary Public,personally appeared
Mii�-'/oL1oY ,who is personally known to me,and who is the person whose
name is signed on the preceding or attached document, and who acknowledged to me that he/she signed it voluntarily
for its stated purpose.
AK, i!'
otary Public: veht "SA. K.Amore
My commission expires:,t.4 i ., .?e/3
1 EST A TRU • dP
Sir)4."-
•
5
130037
NANTUCKET e�(rh if g-r
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II-
\) M� g� SOS EXISTING
lb Vi HORACE H. IRVINE, 1 41;4 i I 1•
& CASSANDRA H. IRVINE
14-10.1
r r ti EXISTING
LC.PL 16220-Q %g�„i ` ' , LEACH TRENCH
op„'10 AREA 60,981 *S.F. � i�arr _.
♦. • / \ '
25' BUFFER ZONE VEGETATED 1.4,, /f,/ 'A e�'
WETLAND
,. 5" a MARK .1. & AMANTHA B.
I� o ,/ VII �• 1
•
50' SETBACK C i
N - CAS' tiQi \`1;.
HORACE H. IRVINE, II _ y �'t-
dt CASSANDRA !RIME / VEGETATEX? �i \ �
� �� WETLAND 4'b, l
309' TO LAUR A LANE 79.66°`
WAY '.7,
(?9.770' WOE) a k.∎ " 1° �,„
.rya.. /4•
176.20'
DAVID POOR a `�. . °` AS—BUILT PLOT PLAN
PATTaa1A4-M. BOLMA' ' ® 15 LAURETTA LANE
IN
�y, �HOF�'15, � NANTUCKET, MASSACHUSETTS
CURRENT ZONING:LUG 3 49 JAI B. yam SCALE:1"=50' DATE: 1--12-09
MINIMUM LOT SIZE:120,000 S.F. c STtcA ),?',
MINIMUM FRONTAGE:200 FT. " No.47161 -I , DEED REFERENCE:CERT. 22,513
FRONTYARD SETBACK:35 FT. �9a �`"v ASSPLAN REFERENCE:LCPL. 16220—Q
SIDE AND REAR SETBACK:20 FT. i�a� S' ASSESSOR'S REFERENCE:
ALLOWABLE G.C.R.:3% U MAP:14 PARCEL: 10.1
EXISTING G.C.R.: 1.6% �.. :.j PREPARED FOR:
FOR PROPERTY UNE DETERMINATION THIS PLOT PLAN CASSANDRA H. IRVINE
RELIES ON CURRENT DEEDS AND PLANS OF RECORD, NANTUCKET SURVEYORS LLC
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HERON,
THIS PLAN IS NOT REPRESENTED TO BE A TITLE 5 WINDY WAY
EXAMINATION OR A RECORDABLE SURVEY. NANTUCKET, MA. 02554
COPYRIGHT BY NANTUCKET SURVEYORS. LLC. N-9430
130037
eXtili3ir 4')
• NANTUC T RAG/ •'o�
...---------"+ Q.!
moo
/�. �,IWR .. —
cl-
• to OW ,p
, ,t-.: i 1} �25 BUFFER
M
IDOL s, y 5.0* (TO RAMP)
PROPOSED RA1AP
' •-" gT ' -—50' SETBACK
1 •s D 1..1�, :y r„ ' .
11.0' to BLDG
N�//F� % Z- ~H. 93:tl I *0* (TO RAMP)
HO CASSANDRA CE _ IRVINE Q� l'-4., a _ ` r
14-10.2 k', - �•ts' PROPOSED
N- ,v:• DRIVEWAY
HORACE H!RWNE. U srtto
at CASSANDRA IRVINE \ MARK J. t SAMANTHA B.
14-10.1 R41
LOT 52. L.CPL 10220-0 i '' 14-56.2
*.�4 AREA -60,9a1 *S.F.
25' BUFFER �4
VEGETATED \
`
4. WETLAND \ \ d
`It 4
e)
50' SETBACK k4' / i.`,,�
\ * 00 1,Ik4 S \ 1 4\ 6,
VEGETATED
• — � '@ WETLAND ♦
e r
309' TO RETTA LAN 79.06N ■
WAY \ - '7'a,
0970' WDE) 1I\s} rte,'
170.20'
f
OMIT) B. POOR & \. PROPOSED PLOT PLAN
PATRICIA M. SEAMAN 0 15 LAURETTA LANE
14-53
� 0V1OFya_ IN
I� N'fq NANTUCKET, MASSACHUSETTS
CURRENT ZONING:LUG 3 sTAica SCALE:1"=50' DATE:1-12-09
MINIMUM LOT SIZE:120,000 S.F. 0 No.47161 Jr DEED REFERENCE:CERT. 22.513
MINIMUM FRONTAGE:200 FT °90� 0:' F PLAN REFERENCE:LCPL 16220-0
FRONTYARD SETBACK:35 FT. (9y ESS%0 - ' ASSESSOR'S REFERENCE:
SIDE AND REAR SETBACK: 20 FT. �611/V;}; .., MAP:14 PARCE•L: 10.1
ALLOWABLE G.C.R.: 3% PREPARED FOR:
EXISTING G.C.R.: 1.6% PROPOSED G.C.R.:2.3% CASSANDRA H. IRVINE
FOR PROPERTY UNE DETERMINATION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD, NANTUCKET SURVEYORS LLC
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A 117LE 5 WINDY WAY
EXAMINATION OR A RECORDABLE SURVEY. NANTUCKET, MA. 02554
COPYRIGHT BY NANTUCKET SURVEYORS, LLC. N-9430
130037
Town of Nantucket
+ kE OFFICE OF THE Catherine Tlnaga Stover,MMC,CMMC
Clerk
TOWN & COUNTY
(508)228-7217
CLERK FAX(508)325-5313
Home:(508)228-7841
,8• Email:townclerk@nantucket-ma.gov
16 Broad Street
NANTUCKET,MASSACHUSETTS 02554-3590
••••.•.••••
March 23,2010
4o( Acc ,1 . vi rl + -r Az Ooq-o 9
FILE NAME AND NUMBER
I, Catherine Flanagan Stover, duly elected Clerk of the Town of Nantucket,hereby
certify,pursuant to Massachusetts General Laws Chapter 40A, s. 17,that twenty (20)
days have elapsed after the foregoing decision was filed with this office,and state further
that appeals were filed;and that all such appeals have been dismissed or denied, as
evidenced by Clerk's Certificates on file in this office.
Signed and certified, under my hand and seal,
' Catherine Flanagan Stover, C, CMMC
,..'�,. 411 '..
Town&County Clerk
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130037
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