HomeMy WebLinkAbout085-00/086-00TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: December ~~ 20 00
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.• 085-00 and 086-00
Owner/Applicant:
ROBERT R. REED (085-00) AND NANCY K.
VOGEL (086-00) AND CAMILLA WARRENDER
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 s ch TWENTY
(20) days.
~J
Michael J. 0' ra, Chairman
cc: Town Clerk _
Planning Board
Rui7.di.nc3 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.
ATTEST: A TRUE COP1Y~ I -
CU/°
i~i~~,t~ ~ ;.~C~ ~-f_ .E~O.~'~ CLERK
NANTUCKET ZONING BOARD OF APPEALS
37 Washington Street
Nantucket, Massachusetts 02554
Assessor's Map 91, Parcel 10 Land Court Plan 5004-30
77 Tom Nevers Road Lot 668
LUG-3 Certificate of Title No. 7955
Assessor's Map 75, Parcel 135
75 Tom Nevers Road
LUG-3
Land Court Plan 5004-30
Lot 669
Certificate of Title No. 7693
CONSOLIDATED DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, November 17, 2000, at 12:00 noon, in the
Conference Room, in the Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, the Board made the following
decision on the applications of (a) ROBERT R. REED, c/o Reade,
Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Massachusetts 02584, File No. 085-00, and (b) NANCY K.
VOGEL, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office
Box 2669, Nantucket, Massachusetts 02584, File No. 086-00, each
applying in his or her own right as Owner and for CAMILLA
WARRENDER as Contract Purchaser:
2. In each application, the Contract Purchaser is seeking
relief by VARIANCE from Nantucket Zoning By-law §139-16.A
(Intensity Regulations-Lot Area). The Applicant proposes to
combine the Reed Property, as described below, with the Vogel
Property, as described below, to form the Locus, to be used as
one merged residential building lot. Neither the Reed Property
nor the Vogel Property meets the minimum lot area requirement of
120,000 square feet applicable in this zoning district. The Reed
Property has frontage of about 213 feet on Tom Nevers Road and
lot area of about 22,215 square feet. The Vogel Property has
frontage of about 61 feet on Tom Nevers Road and lot area of
about 22,215 square feet. The combined Locus would thus have
frontage of about 274 feet and area of about 44,430 square feet.
Both the Reed Property and the Vogel Property were created by a
plan endorsed by the Nantucket Planning Board under M.G.L., c.
41, §81P, as not requiring approval under the Subdivision Control
Law, on July 7, 1971, prior to the initial adoption of the
Nantucket Zoning By-law. Under Nantucket Zoning By-law §139-
33.G, a lot shown upon a plan endorsed prior to January, 1976, by
the Planning Board under §81P, which complied at the time of
endorsement with the minimum area and frontage requirements, if
any, of the Zoning By-law as then in effect may be built upon for
residential use for a period of five years from the date of such
endorsement notwithstanding the adoption of more restrictive
requirements as to area and frontage, if such lot has at least 50
feet of frontage and at least 5,000 square feet of area. Under
By-law §139-33.E(1)(b)(2), a lot having the benefit of such a
protection period continues to be a buildable lot after the
expiration of the protection period if it has been in ownership
1
separate from all adjoining land at all times since prior to the
end of the protection period. However, the Reed Property and the
Vogel Property were each still in common ownership with each
other and with adjacent vacant land shown as Lot 675 on Land
Court Plan 5004-30 when the five-year protection period expired
on July 7, 1976. The minimum lot area in this zoning district is
120,000 square feet, and the minimum frontage is 200 feet. The
combined Locus would comply with the frontage requirement, but
not with the lot area requirement. No new nonconformities would
be created by the merger, The Reed Property is situated at 77
TOM NEVERS ROAD, Assessor's Map 91, Parcel 10, and is shown upon
Land Court Plan 5004-30 as Lot 668. The Vogel Property is
situated at 75 TOM NEVERS ROAD, Assessor's Map 75, Parcel 135, ,
and is shown upon Land Court Plan 5004-30 as Lot_669. The Locus
is situated in a Limited Use General-3 zoning district
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. The Planning Board
recommendation was favorable to the granting of relief. Except
for the presentation by the applicant's representative,. there was
no support nor opposition presented at the public hearing.
4. As described above, the Locus consists of two undersized
lots created by an approval-not-required plan endorsed by the
Planning Board on July 7, 1971, each of which would have
permanently enjoyed buildable status if they had been conveyed
into separate ownership prior to July 7, 1976, the expiration of
the five-year zoning freeze period then in effect for approval-
not-required plans. In fact, they were each conveyed into
separate ownership on July 13, 1976, and were in common ownership
with each other and with a large tract of vacant land to the rear
until that date. Accordingly, both the Reed Property and the
Vogel Property had lost their status as separate buildable lots
on July 13, 1976, a point which was obviously not realized by the
purchasers of these properties: The combination of Lots 668 and
669, each containing about 22,215 square feet, to constitute a
single lot of about 44,430 square feet, results in the creation
of a new lot which would be undersized but less nonconforming
than the present lots Various other lots of similar or smaller
size upon the same plan have been built upon, and at least one
received variance relief to confirm its buildability (Lot 672,
the subject of Case No. 140-86) Vogel applied for a variance to
establish the buildability of the Vogel Property in Case No. 016-
82, and relief was denied by the Board of Appeals. At that time,
no proposal to merge the Reed Property and the Vogel Property was
made.
5. The Board of Appeals weighed the status of the Reed
Property and the Vogel Property, and the fact that neither
constitutes a buildable lot for zoning purposes, and upon a
UNANIMOUS vote it GRANTED relief by VARIANCE from Nantucket
Zoning By-law §139-16.A (Intensity regulations - Lot Area), by
separate motion in each case, to validate the Locus, to be formed
by combining the Reed Property and the Vogel Property, as a
single building lot, subject to the conditions herein set forth,
2
making the finding that, owing to circumstances relating to the
shape and topography of the Reed Property and the Vogel Property
(in that both lots were validly created in their present
configuration prior to the adoption of the Nantucket Zoning By-
law), and especially affecting the lots comprising the Locus and
other similar lots in the neighborhood but not affecting
generally the zoning district in which it is situated, a literal
enforcement of the provisions of the Zoning By-law would involve
substantial hardship to the applicant (in that neither of the two
parcels which would comprise the Locus could lawfully be used for
any purpose, 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
Zoning By-law (in that the merger of the two parcels to comprise
the Locus will create a lot which will comply with frontage
requirements, and, while remaining undersized, will be
substantially larger than other lots in the neighborhood and
shown upon the same plan which have already been used as building
lots). There is no way that the zoning nonconformity could~be
cured by further merger with other land, because the only other
adjoining land is in separate ownership and has been redivided to
create building lots. The proposed merger of Lots 668 and 669
will lessen the existing nonconformity of each.
6. The relief hereby granted is subject to the following
conditions:
(a) Neither the Reed Lot nor the Vogel Lot may be used
as a separate building lot, and they must be conveyed into common
ownership and merged together as a single lot prior to the
commencement of any construction;
(b) Not more than one dwelling shall be constructed or
used upon the Locus, as so merged into a single lot; and
(c) The maximum ground cover of all structures upon
the Locus, calculated in accordance with antucket Zoning By-
law, shall be 1,500 square feet.
Dated. Dec~er~~er 2000
~~~~~~._~ 3:_yy._~u_
ti.Li~R1:_~'ZL
`illiam P. Hourihan,~r.
Nan,~y J . Severs
D . 7~Pare
~ ~
Edward J. anford
F:\WP\Warrender\77 Tom Neve rs\ZBA DEC.doc
3
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: December ~~ 20 00
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.• _085-00 and 086-00
Owner/Applicant:
ROBERT R. REED (085-00) AND NANCY K.
VOGEL (086-00) AND CAMILLA WARRENDER f
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 s ch TWENTY
(20) days.
~J
Michael J. 0' ra, Chairman
cc: Town Clerk _
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET
ZONING BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCFCET ZONING BOARD OF APPEALS
37 Washington Street
Nantucket, Massachusetts 02554
Assessor's Map 91, Parcel 10 Land Court Plan 5004-30
77 Tom Nevers Road Lot 668
LUG-3 Certificate of Title No. 7955
Assessor's Map 75, Parcel 135
75 Tom Nevers Road
LUG-3
Land Court Plan 5004-30
Lot 669
Certificate of Title No. 7693
CONSOLIDATED DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, November 17, 2000, at 12:00 noon, in the
Conference Room, in the Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, the Board made the following
decision on the applications of (a) ROBERT R. REED, c/o Reade,
Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Massachusetts 02584, File No. 085-00, and (b) NANCY K.
VOGEL, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office
Box 2669, Nantucket, Massachusetts 02584, File No. 086-00, each
applying in his or her own right as Owner and for CAMILLA
WARRENDER as Contract Purchaser:
2. In each application, the Contract Purchaser is seeking
relief by VARIANCE from Nantucket Zoning By-law §139-16.A
(Intensity Regulations-Lot Area). The Applicant proposes to
combine the Reed Property, as described below, with the Vogel
Property, as described below, to form the Locus, to be used as
one merged residential building lot. Neither the Reed Property
nor the Vogel Property meets the minimum lot area requirement of
120,000 square feet applicable in this zoning district. The Reed
Property has frontage of about 213 feet on Tom Nevers Road and
lot area of about 22,215 square feet. The Vogel Property has
frontage of about 61 feet on Tom Nevers Road and lot area of
about 22,215 square feet. The combined Locus would thus have
frontage of about 274 feet and area of about 44,430 square feet.
Both the Reed Property and the Vogel Property were created by a
plan endorsed by the Nantucket Planning Board under M.G.L., c.
41, §81P, as not requiring approval under the Subdivision Control
Law, on July 7, 1971, prior to the initial adoption of the
Nantucket Zoning By-law. Under Nantucket Zoning By-law ~139-
33.G, a lot shown upon a plan endorsed prior to January, 1976, by
the Planning Board under ~81P, which complied at the time of
endorsement with the minimum area and frontage requirements, if
any, of the Zoning By-law as then in effect may be built upon for
residential use for a period of five years from the date of such
endorsement notwithstanding the adoption of more restrictive
requirements as to area and frontage, if such lot has at least 50
feet of frontage and at least 5,000 square feet of area. Under
By-law §139-33.E(1)(b)(2), a lot having the benefit of such a
protection period continues to be a buildable lot after the
expiration of the protection period if it has been in ownership
1
separate from all adjoining land at all times since prior to the
end of the protection period. However, the Reed Property and the
Vogel Property were each still in common ownership with each
other and with adjacent vacant land shown as Lot 675 on Land
Court Plan 5004-30 when the five-year protection period expired
on July 7, 1976. The minimum lot area in this zoning district is
120,000 square feet, and the minimum frontage. is 200 feet. The
combined Locus would comply with the frontage requirement, but
not with the lot area requirement. No new nonconformities would
be created by the merger, The Reed Property is situated at 77
TOM NEVERS ROAD, Assessor's Map 91, Parcel 10, and is shown upon
Land Court Plan 5004-30 as Lot 668. The Vogel Property is
situated at 75 TOM NEVERS ROAD, Assessor's Map 75, Parcel 135, ,
and is shown upon Land Court Plan 5004-30 as Lot 669. The Locus
is situated in a Limited Use General-3 zoning district
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. The Planning Board
recommendation was favorable to the granting of relief. Except
for the presentation by the applicant's representative,. there was
no support nor opposition presented at the public hearing.
4. As described above, the Locus consists of two undersized
lots created by an approval-not-required plan endorsed by the
Planning Board on July 7, 1971, each of which would have
permanently enjoyed buildable status if they had been conveyed
into separate ownership prior to July 7, 1976, the expiration of
the five-year zoning freeze period then in effect for approval-
not-required plans. In fact, they were each conveyed into
separate ownership on July 13, 1976, and were in common ownership
with each other and with a large tract of vacant land to the rear
until that date. Accordingly, both the Reed Property and the
Vogel Property had lost their status as separate buildable lots
on July 13, 1976, a point which was obviously not realized by the
purchasers of these properties. The combination of Lots 668 and
669, each containing about 22,215 square feet, to constitute a
single lot of about 44,430 square feet, results in the creation
of a new lot which would be undersized but less nonconforming
than the present lots Various other lots of similar or smaller
size upon the same plan have been built upon, and at least one
received variance relief to confirm its buildability (Lot 672,
the subject of Case No. 140-86) Vogel applied for a variance to
establish the buildability of the Vogel Property in Case No. 016-
82, and relief was denied by the Board of Appeals. At that time,
no proposal to merge the Reed Property and the Vogel Property was
made.
5. The Board of Appeals weighed the status of the Reed
Property and the Vogel Property, and the fact that neither
constitutes a buildable lot for zoning purposes, and upon a
UNANIMOUS vote it GRANTED relief by VARIANCE from Nantucket
Zoning By-law X139-16.A (Intensity regulations - Lot Area), by
separate motion in each case, to validate the Locus, to be formed
by combining the Reed Property and the Vogel Property, as a
single building lot, subject to the conditions herein set forth,
2
making the finding that, owing to circumstances relating to the
shape and topography of the Reed Property and the Vogel Property
(in that both lots were validly created in their present
configuration prior to the adoption of the Nantucket Zoning By-
law), and especially affecting the lots comprising the Locus and
other similar lots in the neighborhood but not affecting
generally the zoning district in which it is situated, a literal
enforcement of the provisions of the Zoning By-law would involve
substantial hardship to the applicant (in that neither of the two
parcels which would comprise the Locus could lawfully be used for
any purpose, 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
Zoning By-law (in that the merger of the two parcels to comprise
the Locus will create a lot which will comply with frontage
requirements, and, while remaining undersized, will be
substantially larger than other lots in the neighborhood and
shown upon the same plan which have already been used as building
lots). There is no way that the zoning nonconformity could. be
cured by further merger with other land, because the only other
adjoining land is in separate ownership and has been redivided to
create building lots. The proposed merger of~Lots 668 and 669
will lessen the existing nonconformity of each.
6. The relief hereby granted is subject to the following
conditions:
(a) Neither the Reed Lot nor the Vogel Lot may be used
as a separate building lot, and they must be conveyed into common
ownership and merged together as a single lot prior to the
commencement of any construction;
(b) Not more than one dwelling shall be constructed or
used upon the Locus, as so merged into a single lot; and
(c) The maximum ground cover of all structures upon
the Locus, calculated in accordance with antucket Zoning By-
law, shall be 1,500 square feet.
Dated: Dec~ber~-, 2000 ~
,~~~ ~~.,~ Mi 1 J. O' Ma a
1
~ ~ r'; ~ 1 ~'%~~30
~~,~.a,.~:_-__ ~ yy_~Z~
3~ ~ . --_~__.
;~~~~ i~~.: ~~~_
illiam P. Hourihan~.
Nan,~y J . Sevis
D. i7~Pare
a- Q
Edward J. anford
F:\NP\Wa rrender\77 Tom Nevers\ZBA DEC.doc
3
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 12:00 P.M., FRIDAY, NOVEMBER 17, 2000, IN THE
CONFERNECE ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON
STREET, NANTUCKET, MASSACHUSETTS, ON THE APPLICATION OF THE
FOLLOWING:
ROBERT R. REED, FOR HIMSELF AS OWNER AND FOR CAMILLA
WARRANDER, CONTRACT PURCHASER
BOARD OF APPEALS FILE NO. (085-00)
Applicant (Warrander) is seeking relief by VARIANCE under Nantucket Zoning
Bylaw Section 139-16A (Intensity Regulations). Applicant proposes to combine the
Locus with adjacent property at 75 Tom Nevers Road for use as one (1) residential
building lot. Neither lot meets the minimum lot area of 120,000 square feet required in
this district, and are alleged to have merged in 1976. Both are now in separate ownership.
The Locus has about 213 feet of frontage and about 22,215 square feet of area; the
adjacent lot has about 61 feet of frontage and about 22,215 square feet of area. The
combined lots would have about 274 feet of frontage and about 44,430 square feet of
area. Required frontage in this district is a minimum of 200 feet. No new nonconformities
would be created. See also companion BOA Case No. 086-00.
The Premises is located at 77 TOM NEVERS ROAD, Assessor's
Map 91, Parcel 10, Land Court Plan No. 5004-30, Lot 668. The property is zoned
Limited-Use-General-3. ~ Q ~
Michael J. O' Mara, C airman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228-7215.
BOA Form 1-89
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
Date
~~
CASE No.~_
Owner's name(s): Robert R. Reed
Mailing address: c/o Vaughan, Dale & Hunter P.C. P.O. Box 659
Nantucket, Massachusetts 02554
Applicant's name: Camilla Warrender(contract purchaser)
Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP
6 Youncf's Way, P.O. Box 2669, Nantucket, MA 02584
Location of lot: Assessor's map and parcel number 91-010
Street address: 77 Tom Nevers Road
Registry Land Ct Plan 5004-30 Lot 668
Date lot acquired: 5/9/77 Deed Ref Cert. 7955 Zoning district LUG-3
Uses on lot - commercial: None _ 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~Q(~'~`/J'YL~/~~,~/yj~d~, ~~Q 0~.~~~
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 addendumZ
Applicant requests a Variance from lot area intensity requirements of
§139-16/~of the by-law to combine the Locus with adjacent property at
75 Tom Nevers Road for use as one residential building lot. Neither
lot meets required lot area of 120,000 square feet, and are alleged to
have merged in 1976. Both are now in separate ownership. The Locus
has 213± feet of frontage and 22,215 square feet of area; the adjacent
lot has 61± feet of frontage and 22,215 square feet of area; the
combined lots would have 274 feet of frontage and 44,430 square feet
of area. Required frontage is 200 feet; required lot area is 120,000
square feet in this district.
Items enclosed as part of this Application: orders- addendumZ _
L.I~ 1
)
Locus map X Site plan X showing present _ + planned _ structures C.~
Floor plans present _ proposed _ elevations _ (HDC approved? _) 4-~V
Listing lot area X frontage X setbacks _ GCR _ parking data _ ~ J
~
~
~
'
Assessor-certified addressee list 4 sets X mailing labels 2 sets X
3 ~
~•~ ~
-
.,
~~
'cap' covenant _
$200 fee payable to Town of Nantucket X proof
1 ;.~ ~ ~ c=~
~,
i
(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) ~ ~ ~- .°
i
L
ra
j
I certify that the requested information submitted is substantially (j--~~ ~' ~
complete and true: to the best of my knowledge, under the pains and (L > ~ C ~~
penalties of erjury.
~, z
SIGNATURE: Applicant _ Attorney/agentx ~ ~ ' yr
'(If not owner or owner' `,attorney, enclose proof of authority) ~ ~"=
f~
FOUR B~oA OFFICE USE / l' ~
Application copies recd: 4V or for_B~oiAI on C~/~ by~v`~V
One copy filed with Town Clerk on ~ 2~/ C{J by omplete?~~)~
One copy each to Planning Bd and Building Dept ~/ by [~/~W J
$200 fee check given/'T4wn Treasurer on ~~/~ b waived?
Hearing notice posted(1./ /j_~,~ mailed`Q/~/~ I & M l /ZJ~ ~/~~
Hearing (s) on _/_/_ cont' d to _/_/_, _/_/_ withdrawn? _/_/_
Decision due by _/_/_ made _/_/_ filed TC _/_/_ mailed _/_/_
See related cases lawsuits other
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80AR® OF ASSESSORS
INFORMATION REQUEST FORM Q(',7 ' 3 ZO~~
Assessing Office, 16 Broad Street, Nantucket, MA 025®VVN OF
(5os) 22s-~2~1 NANTUCKET, MA
APPLICANT
Date ~/ 3 / ~~ Pick-up [~ Return by Mail j ]
Name ~ .~ ~/ ~ ~ ` ~ /, LL
Address _ ~ ~ ~k a
City _ /~~ j~~//t(~ '~~' State -
'~honE ( ~~) ~~- ~:~~~ Zip _ _~~~-~
SIIc33EC,T rROPEPtY
Map # 7~ Parcel # _ ~ Fiscal Year :~4o/
Owner D ,Q ~
Address _ S
~ ~/ m 1~~ /~ ~~~
HYPE OF INFORMATION
1_ Abutter's List_..($11.00 per hour or part thereof)_._.[
a. Board of Heaith ....................[ ]
b. Conservation Commission.._..:._____[ ]
c. Liquor License .....................{~
d. Zoning Board of Appeals......_..__.{"
2. Property Card....($-1.00: ea.) ..........................[ )
3. Maps .............($11.00 per hour or)..._....__..... :{ ]
a. Fuil 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 receipt_
TO\~•T' OF NANTUCKE T
ZONI:~'G BO.~ OF ;,-.pPE.~' S
L]ST OF PARTIrS I?~' INTER!=ST \ i r.~. 1`~iATTER Oi- ~ ~ Pig T !TION O:
PROPERTY OVINER ....-... -- ~ - ... -- ._ ..... .._..... -...._
,v1A]LR~'G ADDRESS:..- _............_ ...._. _.._.. _.._ ........_ ......_ __
.~
PROPERTY' LOCATIO;~:...._...~ ~ . ................~G,rr'!_._ -E-lS
ASSESSORS h~iAP/PARCEL:.........~..~.....1.~ ... ................. .. -
SUB,~IITTED BY:.._._......__........__ ....................... ......_......_........._
SEL r_ ~ i ACHED PAGES
1 cenifi~ that the rorestoin~ is ~ IiSt c persona vv'ho are ovv:,ers or2bu~tin~ prope.,~~, ovv;:c~~ o' ~...
directi\~ opposite on ~r1)' pL'~1~., C7 pill\'c:° Si;E°i Or 1\'2\'; d7C 2~7Uii°r5 Of II;? ci)~!<<rS a~ '~ ~_~: C:.~.'
land o\\ners \\ithin th;ce he~~cred :eel ort..e arope,r7~ line o' o~\;,er's proper', all as the\ ~n^e~-
on tine most recent app?icabl° tax list ;'~'.G-L. c. 40.A, Sectic~: ] 1 Zoning Code Ci~apter 1 ~9.
Section 139-29D (2) )-
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ASSESSOR'S OrFiCE
TO~~`N OF NANTUCKET
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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 12.00 P M., FRIDAY, NOVEMBER 17, 2000s_IN THE
CONFERNECE ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON
STREET, NANTUCKET, MASSACHUSETTS, ON THE APPLICATION OF THE
FOLLOWING:
NANCY K. VOGEL FOR HERSELF AS OWNER AND FOR CAMILLA
WARRANDER, CONTRACT PURCHASER
BOARD OF APPEALS FILE NO. (086-00)
Applicant (Warrander) is seeking relief by VARIANCE under Nantucket Zoning
Bylaw Section 139-16A (Intensity Regulations). Applicant proposes to combine the
Locus with adjacent property at 77 Tom Nevers Road for use as one (1) residential
building lot. Neither lot meets the minimum lot area of 120,000 square feet required in
this district, and are alleged to have merged in 1976. Both are now in separate ownership.
The Locus has about 61 feet of frontage and about 22,215 square feet of area; the
adjacent lot has about 213 feet of frontage and about 22,215 square feet of area. The
resulting Lot would have about 274 feet of frontage and about 44,430 square feet of area.
Required frontage in this district is a minimum of 200 feet. No new nonconformities
would be created. See companion BOA Case No. 085-00.
The Premises is located at 75 TOM NEVERS ROAD, Assessor's Map 75, Parcel
135, Land Court Plan No. 5004-30, Lot 669. The property is zoned Limited-Use-General-
3.
~~ '~~~
Michael J. O' Mara; Chairman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228-7215.
BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS '
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554 ~~''~~`
CASE No. ~- ~-C'J
APPLICATION FOR RELIEF
Owner's name(s): Nancv K. Vogel
Mailing address: c/o Vaughan, Dale & Hunter P.C. P.O. Box 659
Nantucket. Massachusetts 02554
Applicant's name: Camilla Warrender(contract purchaser)
Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP
6 Young's Way, P.O. Box 2669, Nantucket, MA 02584
Location of lot: Assessor's map and parcel number 75-135
Street address: 75 Tom Nevers Road
Registry Land Ct Plan 5004-30 Lot 669
Date lot acquired: 7/15/76 Deed Ref Cert. 7693 Zoning district LUG-
3
Uses on lot - commercial: None _ 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. ~ ~ 1
Case Nos. all BoA applications, lawsuits: 016-82 ~~ ~'~"1C3~JY~_~ ~
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 order'' appealed. OK to attach addendumZ
Applicant requests a Variance from lot area intensity requirements
X139-16 of the by-law in order to combine the Locus with adjacent
property at 77 Tom Nevers Road for use as one residential building
lot. Neither lot meets required lot area of 120,000 square feet.
They are alleged to have merged in 1976; both are now in separate
ownership. The Locus has 61± feet of frontage and 22,215 square feet
of area; the adjacent lot has 213± feet of frontage and 22,215 square
feet of area; the combined lots would have 274± feet of frontage and
44,430 square feet of area. Required frontage is 200 feet; required
lot area is 120,000 square feet in this district.
Items enclosed as part of this Application: orderl_ addendum2
Locus map X Site plan X showing present _ + planned _ structures
Floor plans present _ proposed _ elevations _ (HDC approved? _)
Listing lot area X frontage X setbacks _ GCR _ parking data _
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 o perjury.
SIGNATURE: Applicant _ Attorney/agent/~,
3(If not owner or owner's attor ey, enclose proof of authority)
FOR BoA OFFICE USE / Q~~(~
Application copies rec' d: 4 ~r for BoA on `O/~~ by~'~1~1J ~
One copy filed with Town Clerk on ~/L~/~ by~a~~ complete~~-~/"
One copy each to Planning Bd and Building Dept lv/ by '~~~~ ~/\
$200 fee check given T wn reasurer on~~j~~ by~~waived? _ ~
Hearing notice posted/~~ mailed CU/~l/~~~I & M ~/Z~ L~/~/~
Hearing (s ) on _/_/_ cont' d to _/_/_ _/_/_ withdrawn? _/_/_
Decision due by -/_/_ made -/_/_ filed TC -/_/_ mailed -/_/_
See related cases lawsuits other
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RECEIVED
~ BOARD OF ASSES89~
'''~ ~ OCT - 3 ~~
INFORMATION REQUEST FORM
Assessing Office, 16 Broad Street, Nantucket, MA
,i~Dl?~
(508) 22.8-7211
Date
Name
Address
City
Phone
Map #
APPLICANT
_ ~/ ~ / ~d Pick-up [t/~ Return by Mai 1 [ ]
: C ~ ~ ~' L
_ ~ ~ 02 C.
= ___ ~~~~ ILL ~~ /~~ State _ ~~~
SUi33EC:T PROPErclY
_ 7,~~ Parcel ~ /~.~ Fiscal Year :~y%
Owner
Address _ ~~f
U a C!
HYPE OF INFORMATION
1_ Abutter's List_..($11.00 per hour or part thereof)_._.[~'
a. Board of Health ....................j ]
b. Conservation Commission.....:.._.._[ ]
c. Liquor License .....................j ]
d. Zoning Board of Appeals....._......{L~j~
2. Property Card._..($ 1.00 ea.) ..........................~ ]
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.
,,-
TO\uN OF NANTUCKET
ZONING BOARD OF APPS.=? S
L]ST Oil PARTIES I1~' l1TTERt.ST ?`\ T'r.~. i\~iATT>iR Or ~ : ~~ Pi,T1T10N Or
PROPERTY OWNER .... . . ......._........... - - - -........... - _ -.-_ .
~....
~Vir"t}I_Ti~'G ADDRL-SS_ - ............_.._... -...... --- - .... _.. -..
PROPER~IY LOCATION :..............I..~...,.
ASSESSORS MAP/PARCEL:........~.~. ..l.J..
SEE A ~ i ACHED PAGE-S
1 CCr'ilfl I}]ct ihC iOrCP.~Of:?c :S ~ }!Si C: perSO~:S \\'h0 2rC G\~'?ierS Oi 2bui?InQ vfO~C tV, 01\„C`S C~--- _.
dirCCi?l~ OppOS1IC On an)' pu;;}iC Or pii\'2IC Sireet Of \\'2\; c.']C evU':ter5 Of t}1e 2i~UI1CIS cam. f':d ~1: C:~.C"
iand o~»ers \\ithin three hundred feet of t'~:e aropert)~ line of o~~T:er's propert}', zil as the\ ~p~e~r
on the most recent appliczble tai: list. {~' G ± . c. 4GA, Sea~o:; 1 ; Lonuns Code Chapter 1 ~~.
Sectio:: 139-29D (1_) )
D.~.T~
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~~
ASSESSOR'S 0>=FiC
TO1~~`N OF NANTUCKET
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