HomeMy WebLinkAbout044-00
TOWN OF NANTUCKET
BOARD OF APPEALS
To: Parties
Decision of
following:
Date: June ~3 ~ 20 00
NANTUCKET, MASSACHUSETTS 02554
in Interest and. Others concerned with the
the BOARD OF APPEALS in the Application of the
Application No.:
Owner/Applicant:
044-00
MICHAEL L. STONE AND KAREN E. STONE
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket Town
Clerk.
An Appeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by
filing an complaint in court within TWENTY (20) days after
this day's date. Notice of the action with a copy of the
complaint and certified copy of the Decision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
ViY1~ ~
William P. Hourihan, GYiairman
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED~UPON ACCORDING~TO NANTUCKET
ZONING BY-LAW §139-30I (SPECIAL PERMITS);.§139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
37 Washington Street
Nantucket, Massachusetts 02554
Assessor's Map 91, Parcel 9.1 Land Court Plan 5004-76
6 Marcus Way, Tom Nevers Lot 963
Limited Use General-3 Certificate of Title No. 17631
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, June 9, 2000, at 1:00 P.M., in the Conference
Room, in the .Town Annex Building, 37 Washington Street,
Nantucket, Massachusetts, the Board made the following decision
on the application of MICHAEL L. STONE and KAREN E. STONE, c/o
Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
NanfiuckPt. Massachusetts 02584. File No. 044-00:
2. The applicants are seeking relief by VARIANCE to confirm
the status of their land, shown on Land Court Plan 5004-76 as a
single lot, Lot No. 963, traversed by an easement for "Coffin
Road", which was unconstructed at the time of the preparation of
Plan No. 5004-76 in 1988. Subsequent to the preparation of that
plan, Coffin Road was constructed as an access road to a
subdivision of nearby land by an owner having the benefit of the
easement to use and improve Coffin Road. The definition of "Lot"
in Nantucket Zoning By-law X139-2 is, in relevant part, "[a]
tract of land in common ownership ... not divided by a street
...". If the effect of the construction of Coffin Road were
deemed to be the division of Lot 963 into two separate lots for
zoning purposes, each would be undersized and, since created
subsequent to the adoption of zoning requirements, neither would
qualify as a building lot. Accordingly, the applicants seek in
the alternative (a) a VARIANCE from the definition of "Lot" to
confirm the status of Coffin Road as a valid building lot
notwithstanding its being traversed by Coffin Road, (b) a
VARIANCE from the minimum lot area requirement of 120,000 square
feet in the Limited Use General-3 zoning district to confirm the
status of each of the two portions of Lot 963, separated from
each other by Coffin Road, as a separate building lot, or (c) a
determination that Lot 963 constitutes a single building lot for
zoning purposes and is not affected in this regard by the
construction of Coffin Road. The subject property is situated at
6 MARCUS WAY, TOM NEVERS, Assessor's Mar 91, Parcel 9.1, is shown
on Land Court Plan 5004-76 as Lot 963, and is zoned as Limited
Use General-3.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. The Planning Board
recommendation was favorable to the granting of variance relief
from lot area requirements (alternative [b] above), subject to
certain conditions, and unfavorable to relief under the other two
1
alternatives. One neighbor appeared in person in support of the
application; otherwise, there was no support 'nor opposition
presented in person, in writing or through representatives at the
public hearing.
4. As presented by the applicants and their representative,
the applicants, brother and sister, purchased Lot 963 as a vacant
lot in 1996 with the expectation of building two dwellings, a
principal dwelling and a secondary dwelling, so that each could
independently use or occupy the property at the same time. At
that time, the Certificate of Title and plan for Lot 963
reflected the fact that Coffin Road traversed Lot 963 as an
easement, but it had never been constructed. Subsequently, the
owner of neighboring property having easement rights in Coffin
Road subdivided its property, the "Wright's Landing" subdivision,
using Coffin Road as the access road, and Coffin Road has now
been constructed and improved in accordance with requirements
imposed by the Planning Board in connection with subdivision
approval. The applicants later had plans prepared for the two
dwellings which they proposed to place upon Lot 963, one to the
west of Coffin Road and having its access from Coffin Road, and
the other to the east of Coffin Road and having its access from
Marcus Way, which fronts Lot 863 to the east and which was
improved in connection with subdivision of the land of which Lot
963 was a part. Upon filing an application for secondary
dwelling approval with the Planning Board under Nantucket Zoning
By-law X139-7.A(2)(g), the Planning Board raised the issue of the
status of Lot 963 as a building lot under applicable zoning
requirements in the light of its bisection by Coffin Road, by
then a constructed roadway. After several continuances, and
consultation with Town Counsel, the Planning Board approved the
construction of the secondary dwelling upon Lot 963 on April 6,
2000, in accordance with the plan endorsed by the Planning
Board's Chairman on that date, a reduced copy of which is
attached hereto as Exhibit A, on the basis that each proposed
dwelling had adequate access, and that the zoning status of Lot
963 as a building lot was not within the purview of the Planning
Board in the context of secondary dwelling approval. Thereafter,
the applicants filed the present application before the Board of
Appeals, to determine the status of Lot 963 and seek any
necessary .relief to enable it to be used for the construction of
two dwellings.
5. The subject application presents the anomalous condition
of a lot created subsequent to the adoption of the Zoning By-law
by a plan duly endorsed by the Planning Board under the
Subdivision Control Law and filed with the Land Court, and
ostensibly conforming with all dimensional requirements of the
Zoning By-law to constitute a building lot, being split into two
lots for zoning purposes by the improvement of a "paper street"
which had at all times traversed the lot, but which did not
constitute a "street" within the meaning of the By-law, and thus
did not split the lot, untl its subsequent improvement as an
access road for the subdivision of the land of another. As shown
2
upon a plan filed with the Board of Appeals in this case, by
Blackwell & Associates, Inc., dated May 5, 2000, a reduced copy
of which is attached hereto as Exhibit B, the total area of Lot
963 is 120,073± square feet; "Portion A", to the west of Coffin
Road, contains 34,444± square feet; "Portion B", to the east of
Coffin Road, contains 74,445± square feet; and the remainder of
the lot area of Lot 963 is accounted for by the portion lying
within Coffin Road. Since each of Portion A and Portion B must
now be considered by reason of the zoning definition of "Lot" in
§139-2, as set forth above, as a separate lot from the balance of
Lot 963, and each is undersized, •neither constitutes a separate
building lot in the absence of variance relief from the Board of
Appeals. Nevertheless, Lot 963 continues to be shown as a single
lot upon. Land Court Plan 5004-76, and no portion of Lot 963 can
be conveyed separately unless and until a new plan showing such
portion as a separate lot is endorsed by the Planning Board under
the Subdivision Control Law and accepted for filing with the Land
Court.
6. As to the various alternatives for relief presented by
the applicants in their application, the first was a request for
variance relief from the definition of "Lot" with respect to the
portion which prevents a "Lot" from containing land separated
from the rest of the "Lot" by a "Street", in the light of the
fact that Coffin Road was arguably not a "Street" when the
applicants purchased Lot 963, but unquestionably became one upon
its improvement pursuant to the conditions of subdivision
approval of the Wright's Landing subdivision, over which the
applicants had no control. The Planning Board recommended
against granting variance relief from a definitional matter as a
matter of policy, and in the light of the availability of
alternative relief the applicants did not further pursue this
request at the public hearing. The third alternative relief
requested was a determination that Lot 963 would continue to
constitute a valid building lot notwithstanding the approval of
the Wright's Landing subdivision and improvement of Coffin Road
pursuant thereto; the Planning Board also recommended against
this option and it was not pursued by the applicants. The
Planning Board, however, recommended in favor of the granting by
the Board of Appeals of a variance from lot area for each of the
two "lots" shown as Portion A and Portion B on the plan attached
as Exhibit B, to confirm the status of each as a buildable lot
with respect to zoning requirements, subject to the conditions
that each "lot" would be restricted to one dwelling unit, and
that the two "lots" would be held in common ownership.
7. After consideration of the unusual circumstances of this
case and the fact that the buildable status of Lot 963 was
impaired by a change in circumstances after the applicants
purchased it and over which they had no control, the Board of
Appeals, by UNANIMOUS vote, made the finding that owing to
circumstances relating to the shape and topography of Lot 963 tin
that it is affected by the constructed roadway which bisects it
3
and gives it the appearance and zoning status of two lots), and
especially affecting Lot 963 and not generally affecting other
land in the Limited Use General-3 zoning district, a literal
enforcement of the provisions of the Zoning By-law would involve
substantial financial hardship to the applicants (in that Lot
963, as a parcel consisting of two unbuildable lots, would .have
virtually no economic value), and that desirable relief may be
granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent or
purpose of the By-law (in that variance relief, as conditioned
herein, will result in no greater intensity of use of Lot 963
than would have been the case if it had not been effectively
divided into two "lots" for zoning purposes by the improvement of
Coffin Road), and GRANTED relief by VARIANCE from the minimum lot
area requirement contained in By-law X139-16, so that each of
Portion A and Portion B, as shown upon Exhibit B, will constitute
a valid building lot with respect to zoning issues, subject to
the following conditions:
{a) Each of Portion A and Portion B shall be limited
to one dwelling, which shall contain a single dwelling unit;
(b) Portion A and Portion B shall be held in common
ownership with each other;
(c) The total ground cover upon Lot 963 (including
Portion A, Portion B, and the portion of Lot 963 which lies
within Coffin Road) shall not exceed the 3% maximum applicable in
the Limited Use General-3 zoning district, computed upon the
basis of the total lot area of Lot 963.
Dated: June a 3 2000
DECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
JUN 2 3 2000
TIME: 3'.IS nr.~
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the Nantucket Zoning Board of Appeals will
be held at 1:00 P.M., FRIDAY, JIINE 9, 2000, in the CONFERENCE ROOM,
TOWN ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, ~
on the Application of the following: `
MICHAEL L. STONE AND KAREN E. STONE
BOARD OF APPEALS FILE N0. 044-00
Applicants are seeking relief by VARINACE to confirm the
status of their land, shown on Land Court Plan 5004-76 as a single
lot, No. 963, traversed by an easement for "Coffin Road", which was
not constructed at the time of the preparation of Plan 5004-76 in
1988. Subsequent to the date of that plan, Coffin Road was
constructed as an access road to a subdivision by an owner having the
befit of the easement. The definition of "Lot" in Nantucket Zoning
Bylaw §!39-2 reads "a tract of land in common ownership ... not
divided by a street...". If the effect of the construction of Coffin
Road is to divide Lot 963 into two (2) separate lots for zoning
purposes, each would be undersized and would not qualify as a
building lot. Accordingly, the Applicants seek in the alternative (a)
a VARIANCE from the definition of "Lot" to confirm the status of Lot
963 as a valid building lot notwithstanding its being traversed by
Coffin Road, (b) a VARIANCE from lot area to confirm the status of
each portion of Lot 963 as a separate building lot, or (c) a
determination that Lot 963 constitutes a single building lot and is
not affected by the construction of Coffin Road.
The Premises is located at 6 MARCUS WAY, TOM NEVERS,
Assessor's Map 91, Parcel 91, Lot 963, Land Court Plan 5004-76. The
property is zoned Limited-Use-General- .
. 1~ w ~\
William P. Hou han, Jr., Cha r an
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. FOR ASSISTANCE PLEASE
CALL (508) 228-7215.
BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS Mav 3, 2000
37 WASHINGTON STREET Date
NANTUCKET, MASSACHUSETTS 02554
CASE No.~
APPLICATION FOR RELIEF
Owner's name(s): Michael L. Stone and Karen E. Stone
Mailing address: c/o Reade, Gullicksen, Hanlev & Gifford, LLP
Applicant's name: Same
Mailing address: P. O. Box 2669 Nantucket Massachusetts 02584
Location of lot: Assessor's map and parcel number 91-91
Street address: 6 Marcus Way, Tom Nevers
1_~gai._r! Land Ct Plan, n'1 -, - ni_ _ nJ _- *» ~__ _ il~ 5004-76 LOt 963
Date lot acquired: 11/14/96 Cert. No. 17631 Zoning district LUG-3
Uses on lot - commercial: None x_ or _ MCD? _
- number of: dwellings _ duplex _ apartments _ rental rooms
Building date(s): all pre-8/72? _ or _ C of O? _
Building Permit appl'n Nos.
Case Nos. all BoA applications, lawsuits:
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
139-32A x if Variance, 139-30A - if a Special Permit (and 139-33A
_ if to alter or extend a nonconforming use). If appeal per 139-31A
& B _, attach decision or orders appealed. OK to attach addendum2
The applicants seek relief by variance to confirm the statue of their land,
shown on Land Court Plan 5004-76 as a single lot, No. 963, traversed by an
easement for "Coffin Road", which was not constructed- at the time of the
preparation of Plan 5004-76 in 1988. Subsequent to the date of that plan,
Coffin Road has been constructed as an access road to a subdivision by an
owner having the benefit of the easement. The definition of "Lot" in
Nantucket Zoning By-law X139-2 reads "a tract of land in common ownership, ...
not divided by a street ... if the effect of the construction of Coffin
Road is to divide Lot 963 into two separate lots for zoning purposes, each
would be undersized and would not qualify as a building lot. Accordingly, the
applicants seek in the alternative (a) a variance from the definition of "Lot"
to confirm the statue of Lot 963 ae a valid building lot notwithstanding its
being traversed by Coffin Road, (b) a variance from lot area to confirm the
statue of each portion of Lot 963 as a separate building lot, or (c) a
determination that Lot 963 constitutes a single building lot and is not
affected by the construction of Coffin Road.
Items enclosed as part of this Application: orders- addendumZ _
Locus map x Site plan x showing present _ + planned x structures
Floor plans present _ proposed _ elevations _ (HDC approved? _)
Listing lot area x frontage x setbacks _ GCR x parking data x
Assessor-certified addressee list 4 sets x mailing labels 2 sets x
$200 fee payable to Town of Nantucket x proof' 'cap' covenant _
1(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of perju
SIGNATURE: Applicant _ Attorney/agent x
'(If not owner or owner's attorney, enclose proof of authority)
FOR BoA OFFICE USE
Application copies reed: 4~or / BoA on / ~ ~ by ct/ 'N
One copy filed with Town Clerk on ~/; ,(~ by ~1~1~ /~ complete?~~
One copy each to Planning Bd and Building Dept / ~'/ b ~!~~~
$200 fee check iven T n Tre surer on y ~
g f~' ~] by waived.
Hearing notice posted .S /~~mailed ~_ I & M /~~, ~Q/L, ~
Hearing (s ) on _/_/_ cont' d to _/_/_, _/_/_ withdrawn? _/_/_
Decision due by _/_/_ made _/_/_ filed TC _/_/_ mailed _/_/_
See related cases lawsuits other
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Separate certificates of title may be issued forland
shown hereon as •Lo/s 962.,, _963 and_ 964 ()
By the Court. ~ j 1 ! Copy of part of plan
~' ~ i ~ ~! -tiled in
r t ~~--~ /,A:' ~ iANDREGISTRA71ONOFFICE
C, _ ~• ~ ~ ~ V•~ ~~/~~~ ~"l' ~i~ ~ ~~ i J4N. /B, 1989
/AN. /B, /989 ~ Scale of this plan 120 feet (o an inch
ReCOr`Gr. Louis A. Moore, Engineer for Court
r=,..... i.cr-s-i. ~~~~-~~-xx
`~~,NTUChrE.r
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~gpOgATE~~
NANTUCKET PLANNING BOARD
April 18, 2000
Mr. John H. Dunn
Building Commissioner
Nantucket, MA 02554
Re: Permits Plus for Michael Stone, 6 Marcus Way (Map 91, Parce19.1)
Dear Mr. Dunn:
Please be advised that the Planning Board, at its meeting on Apri16, 2000, considered the above
application for adequate access, as per § 139-7A2(g) of the Nantucket Code, and granted a secondary
dwelling approval conditional upon:
• Construction of a driveway apron for each driveway at its intersection with a paved road,
with a flared width at the edge of pavement of at least 15 feet, and a depth behind the
pavement of at least 10 feet, prior to issuance of a certificate of occupancy. Planning staff
shall be notified to inspect the improvements within five working days of completion.
Approval of the above-referenced application is conditional upon the provision of a minimum 12-
footwidth, free of brush, along the entire length of the driveway, to a height of 13 feet, in order to
ensure adequate access for emergency vehicles prior to the issuance of a certificate of occupancy.
The approval is also conditional upon adherence to the site plan submitted by the applicant and
endorsed by the Chairman, showing the relative locations of proposed or existing dwellings and
driveways or parking areas.
In addition, the Planning Board has made a finding determining that under the special circumstances
of this application, two driveway curb cuts (each onto a different street) are not contrary to sound
traffic and safety considerations, asrequired under 139-20.1, B-1.
As per Section 139-7A2(g) of the Nantucket Zoning Code, the approval referenced herein is valid for
a period of two years only, calculated from the date of site plan endorsement by the Planning Board.
If you have any questions regarding this approval, please contact the Planning Office at Ext. 233.
Since y, ~
~, ,Q a~..
a shall Beal
Chairm n
cc: Permits Plus
PO Box 3363
Nantucket, MA 0284
NOTE TO APPLICANTS.• Please note that a copy of the plan ~~ou submitted to the Board, which has been endorsed by the
Chairman, is enclosed and nn~st be presented to the Bui(dmg Department when applying for a building permit. There will
he a ~'!5 admintsh•atire fee to re-issue an endorsed site plan.
1 East Chestnut Street ® Nantucket, MA 02554 d (508) 228-7233 • fax (508) 228-7236
~r~
INFORMATION REQUEST FORM
Assessing Office, 16 Broad Street, Nantucket, MA 02554
(508) 22.8-7211
APPLICANT
Date _ 4 / 7 / vv Pick-up [~] Return by Mail [ ]
Name ~ _ Reade, Gullicksen, Hanlev & Gifford, irp
Address _
City
PhonE
Map #
Owner
_ State ~Rd Q C~`~: ~~
228- - 3128 Zip AP~ ~~ `'I -
SII33EC;T PROPErc`i~Y ,V,9'vT Yv~f `. ~~0
Lr,~.
. vv91 Parcel ~ x0091 Fisca~f~far -
' ~,~,
_ Michael L. Stone and Karen E. Stone `
Address 6 Marcus Way
TYPE OF INFORMATION n
~l_ Abutter's List_._($11.00 per hour or part ther ) ---~
a. Board of Health ....................[ ]
b. Conservation Commission...._:___.._[ ] E.__.~
c_ Liquor License .....................[ ]
d. Zoning Board of Appeals... _ ..... _ _ . [XX] /~~~~
2. Property Card....($-1.00: ea.) ..............•._...------[ 7
3. Maps .............($11.00 per hour or)_.__.--------•- -[-]
a. Full Size...($3.00 ea.)_.-.---••-•-[ ]
b. Index...._..($1.50 ea.)........_.._[ ]
b. Letter Size.($0.25 ea.).....-------[ ]
4. Topographic Map.. ($11.00 per hour or $3.00 ea.)..._...[ ]
5. Sales Report._.__($1.00/page) .........................[ ]
6. Other.._......_..($11.00 per hour or part-thereof)_...[ ]
Explain:
Allow ten {10) days for processing. Payment is due upon
return of information requested. This is not a r-eceipt_
n /`
04/10/00 TOWN OF NANTUCKET PAGE 1
`10:36:33 OWNER'S MAILING ADDRESS LIST MUA5750 9.3
Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Loc ation
0091 0116 LOVELL ROBERT C & CLA RA JANE PO BOX 158 0007 VAN FLEET CI
EGYPT TX 77436
0091 0117 NIMBERG MARJORY 0024 RIDGE RD 0003 VAN FLEET CI
FOXBORO MA 02067
0091 0016 GLEDHILL BETHEA & TOTH NORMAN 11604 SILENT VALLEY LN 0089 TOM NEVERS RD
N POTOMAC MD 20878
0091 0018 LEE PATRICK M 0243 MAYNARD RD 0093 TOM NEVERS RD
SUDBURY MA 01776-1670
0091 0011 CRONIN MARJORIE L 234 MAIN ST 0079 TOM NEVERS RD
KINGSTON MA 02364
0091 0012 SHEENY KEVIN L & ELAINE C 5872 KENT BROOK TERRACE 0081 TOM NEVEP.S RD
SMOKE RISE NJ 0740
0091 0013 GUMLEY IRWIN & ANNE LEE TRUTS 56 CLUB COURSE DR 0083 TOM NEVERS RD
HILTON HEAD ISLAND SC 29928
0091 0014 MACLEOD MARGUERITE TRUSTEE 25 MILLER AVE 0085 TOM NEVERS RD
MFM REALTY TRUST E BRAINTREE MA 02184
0091 0009 TOOLE MICHAEL L 4 MARCUS WAY 0004 MARCUS WY
NANTUCKET MA 02554
0091 00095 HUNTER WILLIAM F TRUSTEE C/O PO BOX 659 0008 MARCUS WY
TNT NOMINEE TRUST NANTUCKET MA 02554
0091 0007 KASCHULUK JEFFREY TRUSTEE PO BOX 2890 0000 TOM NEVEP.S RD
WRIGHTS LANDING HOMEOWNERS NANTUCKET MA 02584
0091 0114 *DESMOND MARCIA CROAN 10 SOLEY STREET 0015 VAN FLEET CI
CHARLESTOWN MA 02129
0091 0115 BkOWN XIMBALL C PO BOX 350 0011 VAN FLEET CI
BEDFORD MA 01730
0091 00093 W:DDOES BARBARA L TRUSTEE X705 DUNMOYLE STREET 0007 MARCUS WY
PITTSBURGH PA 15217
0091 00094 GOUDREAULT DAVID R & JANENE M 28 SADD LEBROOK ROAD 0003 MARCUS WY
SHERBORN MA 01770
0091 0010 REED ROBERT R PO BOX 2122 0077 TOM NEVERS RD
NANTUCKET MA 02584
0075 0135 VOGEL NANCY K BOX 2122 0075 TOM NEVERS RD
C/O REED ROBERT NANTUCKET MA 02584
0075 0136 PAYDOS CHARLES J 140 BALB RAE DRIVE 0073 TOM NEVERS RD
BLOOMFIELD CT 06002-2158
0075 0139 CUNNINGHAM ROSEMARY W 0020 COMMON ST 0004 OLD TOM NE VERS RD
NO P.WELL MA 02061
NUMBER OF RECORDS = 19
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