HomeMy WebLinkAbout114-98TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: December,Z~ 1998
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 114-98
Owner/Applicant: SUZANNE DEHEART
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.
Dale W.r Waine ~ Chairman
cc: Town Clerk
Planning Board.
Building Commissioner
,~• PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMT.T 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
31 Shell Street, Siasconset Land Court Plan 17744-B
Assessor's Map 73.1.3, Parcel 5.3
Certificate of Title No. 16094
DECISION:
Lot 3
Residential 1
1. At a public hearing of the Nantucket Zoning Board of Appeals, on
Friday, November 20,1998, 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 (114-98) of SUZANNE
DEHEART of Post Office Box 34, Siasconset, Massachusetts 02564, in connection
with property known as 31 Shell Street, Siasconset, Massachusetts.
2. Applicant is seeking relief by VARIANCE from the Intensity
Regulations of the Nantucket Zoning By-Law, Section 139-16A (minimum lot
size, frontage, side yard setback, ground cover). Applicant is asking this Board
to validate the Lot as presently configured as separately marketable and to
validate the siting of the structure contained thereon. The Lot was created by a
1979 Approval-Not-Required plan which divided a larger lot into eight (8) lots,
seven of which contained pre-1955 structures. The Lot, shown as Lot 3 on Land
Court Plan 17744-B, is non-conforming as to lot area, containing approximately
3,555± square feet and is currently improved with asingle-family dwelling that
is conforming as to ground cover at 20.0±% and is conforming as to front, side
and rear yard setbacks. The Premises is located at 31 SHELL STREET,
SIASCONSET, Assessor's Map 73.1.2, Parce15.3, Land Court Plan 17744-B, Lot 3.
The property is zoned Residential-1.
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 that the application be withdrawn, as the
Planning Board considered that no relief was required. One letter in support was
received prior to the hearing, and there was no opposition presented at the
public hearing.
4. As presented by the Applicants, the single-family dwelling upon
the Locus was one of several cottages pre-existing the 1955 applicable date of the
Subdivision Control Law in Nantucket, and the 1972 applicable date of the
Nantucket Zoning By-law, situated upon a single tract of land and known as the
"Wade Cottages'. In 1979, the then-owners of the tract and cottages thereon
(members of the Applicant's extended family) caused a plan to be prepared,
endorsed by the Nantucket Planning Board as not requiring approval under the
Subdivision Control Law, and filed with the Land Court as Plan 17744-B,
dividing this tract into eight lots, seven of which contained pre-1955 structures
and the eighth of which lies between the coastal bluff and the ocean. Four of
these lots, including the Locus, were (and are) nonconforming with the area
requirement of at least 5,000 square feet, and five have no road frontage and are
served only by easements, thus being nonconforming with the requirement of 50
feet of frontage. Presumably, this plan was endorsed by the Planning Board on
the basis that all of the lots (except the one below the top of the bluff) contained
pre-1955 structures and thus the plan was exempted from the definition of
"subdivision' under the Subdivision Control Law. The Applicant's family then
distributed the lots, some for sale, some outright to family members (including
the Locus) and some to a trust for the benefit of other family members.
Meanwhile, subsequent case law and Nantucket practice has made it clear that
the exemption of lots so created from the definition of "subdivision' does not
exempt such lots from the provisions of the Zoning By-law, including area and
frontage requirements. Accordingly, the Applicant requests relief by variance in
order to confirm the validity of the Locus as a separate lot for zoning purposes.
5. The Board finds that the decisions made by the Applicant's
extended family at the time of the subdivision and allocation of what had been
the family's'Sconset real estate for generations were in reliance on the Planning
Board's endorsement of the subdivision plan and were consistent with the legal
practice and the advice they received at that time. To refuse to recognize the
integrity of the lots at this point in time would create a substantial hardship for
the Applicant, who acted in good faith throughout. The situation and facts
presented do not generally affect the zoning district but rather are uniquely
related to the shape of the original lot and the presence of the multiple cottages
thereon. The Board finds that, based on the information presented at the
hearing, the relief may be granted without detriment to the public good or
derogation from the By-law given that the existing access, while by easement,
has been and is adequate to service the existing uses.
6. Based upon the status of the Locus as containing apre-zoning
structure, as do each of the adjacent lots which were in common ownership, the
Board of Appeals voted UNANIMOUSLY to grant the requested VARIANCE to
confirm and validate the Locus as a separate lot for zoning purposes,
notwithstanding its nonconformity with minimum lot area requirements, finding
that owing to circumstances relating to the shape and topography of the Locus
and the structures thereon, and especially affecting the Locus 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
2
applicants, 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, subject to the following
condition:
(a) Upon the recording of this decision, no further action is needed to
exercise this variance, and any future alteration or construction of buildings
upon the Locus shall comply with all applicable dimensional requirements under
the Zoning By-law without further relief from this Board; and
(b) Prior to the construction of a second dwelling on the Locus, further
relief from this Board is required.
Dated: December ~ 1998
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
D E ~ 2 1 1998
\~ . ~.J
TIME: L3:5Z~,pr~.
~ss}-.
CLERK:x 1, C ~
D. Neil Parent
3
M.~
William Hourihan
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NAN'T'UCKET, 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, NOVEMBER 20, 1998, in the CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket,
Massachusetts, on the Application of the following:
SUZANNE DEHEART
BOARD OF APPEALS FILE N0. 114-98
Applicant is seeking relief by VARIANCE from the Intensity
Regulations of the Nantucket Zoning By-L•aw §139-16A (minimum
lot size, frontage, side yard setback, ground cover). Applicant is
asking this Board to validate the Lot as presently configured as
separately marketable and to validate the siting of the structure
contained thereon. The Lot was created by a 1979 Approval-Not-Required
plan which divided a larger lot into eight (8) lots, seven of which
contained pre-1955 structures. The Lot, shown as Lot 3 on Land Court
Plan 17744-B, is nonconforming as to lot area, containing .approximately
3,555+ square feet and is currently improved with a single-family
dwelling which is conforming as to ground cover at 20.0±% and is
conforming as to front, side and rear yard setbacks. See also BOA File
Nos. 113-98, 120-98 and 121-98.
The Premises is located at
Assessor's Map 73.1.2, Parcel 5.3,
property is zoned Residential-1.
31 SHELL STREET, SIASCONSET,
Land Court Plan 17744-B, Lot 3. The
W ~
Dale W. Waine, Chairman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE. FORMATS FOR - ASS~ISTANC~~ ~A~L _ -.- --
(.5~~~`_~~=72.1.x. -- -- . _ ._ . _
BoA Form 1-89
Owner' s name (s)
Mailing address:
Applicant's Name
NANTUCKET ZONING BOARD OF APPEALS October 7, 1998(~~
TOWN AND COUNTY BUILDING Date~_
NANTUCKET, MA 02554 E7%E7%''
Case No.~-
APPLICATION FOR RELIEF
Suzanne DeHeart
PO Box 34, Siasconset, MA 02564
Same
Mailing Address:
Location of Lot: Assessor's map and parcel number 73.1.2 _
Street Address: 31 Shell Street
Registry Land Court Plan
17744-B, Lot 3
5.3
Date lot acquired: 1/3 /80 Cert. Ref 9060 Zoning district R-1
Uses on lot - commercial: None or
MCD?
- number of: dwellings 1 duplex- apartments rental rooms
Building date(s): all pre-8/72? Y or
C of O?
Building Permit appl.Nos. None
Case Nos. all BOA application Nos. None
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 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 addendum
See Addendum A attached.
Items enclosed as part of this Application: order R addendum x
Locus map x Site plan x showing present x +planned_ structures
Floor plans present- proposed- elevations- (HDC approved )
Listings lot area R frontage % setbacks R GCR x parking data
Assessor-certified addressee list 4 sets x mailing labels 2 sets x
$200 fee payable to Town of Nantucket x proof3_'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 perjury.
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
~~r~.;:Q_. ~~~~„~ Attorney/Agent x NOV 0 4 1998
SIGNATURE: By:
issa Philb 'ck, Esquire - `__~ TIME: _
3 ~rF ~...,- l.,an or nr nwt~A Y'
F/OR`BoA OFFICE USE (~/ ~~~CLERK:
Application copies rec' d: v or_ for Bo'A on ~~/~/~cbY ~~~` --
One copy filed with Town Clerk on~/~/L.d by - complete'?~~
One copy each to Planning Bd and Building Dept~C/~/~, by ~.d1~~~
0
$200 fee check given Town Treasurer on ~ b/y/ ~,%a/i/ve/d~.~ ~
Hearing notice posted/~./~mailed.~/ /~&M.~L/=S/~-u' ~-6-/~`~~-B
Hearing (s) on_/_/_ cont' d to_./_/_~ -/-/- withdrawn?_/_/_ ;
Decision due by_/_/_ made-/_/_ filed TC_/_/_ mailed-/_/_
See related case
lawsui
other
/** all with proper sign-offs; 13875-96 open permit for ongoing
renovations.
ADDENDUM TO APPLICATION
SUZANNE DeHEART
The Applicant is the owner of property located at 31 Shell Street, Siasconset,
shown as Lot 3 on Land Court Plan No. 17744-B at the Nantucket Registry District
for the Land Court (Assessor's Map 73.1.2, Parcel 5.3), a reduced copy of which plan
is attached as Exhibit A. The ee of to iarean50 feetiof frontage, Ocfeet front yard
requirements of 5,000 square f
setback, and 5 feet side and rear setbacks, and a maximum ground cover ratio of
30%.
Lot 3 is non-conforming as to lot area, containing approximately 3,555± square
feet. Lot 3 has 73.84 feet of frontage on Shell Street. Lot 3 is improve bdivis onngle-
family dwelling that pre-dates the 1972 aat to able date of the Nantucket Zoning By-
Control Law in Nantucket and pP
law. The dwelling is conforming as to ground cover at 20.0±% and is conforming as
to side as to front, side and rear yard setbacks.
Lot 3 was originally held in common with abutti `g Groat cAfter Mr~. Groat's
cottages, owned by Margaret S. Wade, a/k/a Margaret
death, five heirs took title to the parcels as tenants in common with various fractional
interests. So that each heir could occupa• eed~ogubdivide tthe property anderest
without sacrificing the whole, the heirs gr
distribute the subdivided lots among them.
In 1979, the heirs (through F.E. Wade Green individually) had a plan
prepared, endorsed by the Nantucket Planning Board as not requiring approval
under the subdivision control law (M.G.L. c. 4larcel into eP)ht lot seven of which d
Court as Plan No.17744-B, dividing the large p g
contained pre-1955 structures. Four of o road fronta el agd are) erved only byr~g
as to lot area and five of the lots haven g
easements, thus being non-conforming with the frontage requirement. Lot 3 was
transferred to the Applicant in 1980.
Presumably, the Planning Board ende 1955 structures and thus the plan was
all of the lots (but for bluff lot) contained p
exempted from the definition of "subdivision' under the Subdivision Control Law.
Subsequent case law and Nantucket practice has made it clear the exemption of lots
so created from the definition of "subdivision' does not exempt such lots from the
provisions of the Zoning By-law.
Accordingly, the Applicant now f theeNantu ket Zoning Byflaw section 139-
provisions of the intensity regulations o
16A for lot area, setbacks, and ground cover, in order to confirm the validity of Lot 3
as separate lots for zoning purposes.
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NOTES: I
t.) DRIVE FOR ABUTTERS RUNS PARTIALLY OUTSIDE DRIVEWAY EASEMENT
2.) LOT DOES NOT CONFORM TO CURRENT ZONING MATH RESPECT
TO MINIMUM LOT SIZE
3.) LOT DOES NOT HAVE PARKING ON SITE.
TO MINIMUM LOT SIZE
4.) SEE EASEMENTS AND RESTRICTIONS RECORDED IN LC CERT ~t'S 9060 & 16904
AND RECORDED IN LC DOCS. 21931 & 21932
CURRENT ZONING: R-1
DHCB FND
MINIMUM LOT SIZE: 5000 SF PLOT PLAN
MINIMUM FRONTAGE: 50 FT TO ACCOMPANY APPLICATION TO
FRONTYARD SETBACK: 10 FT ZONING BOARD OF APPEALS IN
SIDE AND REAR SETBACK: SFT NANTUCKET, MASSACHUSETTS
ALLOWABLE G.C.R.: 30%
EXISTING G.C.R.: 20.0 ~ ± SCALE: 1 "=20' DATE: OCT. 6, 1998
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN DEED REFERENCE: LC CERT.# 9060
RELIES ON CURRENT DEEDS AND PLANS OF RECORD, PLAN REFERENCE: LC PL 17744-B
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. ASSESSOR'S REFERENCE:
THIS PLAN IS NOT REPRESENTED TO BE A TITLE
EXAMINATION OR A RECORDABLE SURVEY. MAP: 73.1.3 PARCEL: 5.3
I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE PREPARED FOR: SUZANNE DEHEART
THAT THE PREMISES SHOWN ON THIS PLAN ARE
LOCATED WITHIN THE X ZONE (oreos outside 500 yr flood ploin) EMACK SURVEYING
AS DELINEATED ON THE "FIRM" MAP OF COMMUNITY N0. 250230. 2 WASHAMAN AVENUE
MASSACHUSETTS. EFFECTIVE: 6-3-86, REVISED 11-6-96 BY NANTUCKET, MA. 02554
THE FEDERAL EMERGENCY MANAGEMENT AGENCY. (508) 325-0940
N.B. 07/23 J-256
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1 ~`~V
IIOA FOP.P~1
NAZ`ITUCI!ET ZOtIIt1G BOAP.D OF APPEALS
TOP)t•I F.I~ID COUNTY BUILDING
t1ANTUCY.ET, NIA 02554
ASSESSOP,' S FIST OF PAP.TIES II`1 INTERES'=
s-s~sl
2/89
PROPERTY OWDIER : V U. ~ GL/~C,K ~ ~L t'7 ~Q-w L --
APPLICANT FOR P.ELIEF (SAf~E? ~) _
P~DRESS OF PROPERTY: ~~~ .~~~r.ll ~~l''e-L~ f J~~a-SC~Q~ ~~/~
ASSESSOR'S NLAP/PARCEL: /3. /. ~, -
5~ 3
LIST OF PARTIES INCLUDING ADDRESSES
*(OR SEE ATTACHED ):
I certify that the foregoing (or the attached ) lists all persons,
natural or legal, who are owners of abutting property, o:~n~rs of land
directly opposite on any public or private street or way; and abutters o£
the abutters and all other land owners ~•~ithin three hundred feet of the
property line of Owner's property, as they (and their add_ess) appear on
the most recent applicable tax list [per NI.G.L. c. 40A, §11 and Zoning Code
Chapter 139, §139-29D(2)].
Date Assessor's Office
Tocan of Nantucket
*r10TE: Applicant (Petitioner) should include with the lo~ for which zoni~:
relief is sought, any commonly-owned abutting lots which r.•._ght become
involved in the zoning matter. List map and parcels for each abutter.
Submitted by: Melissa D. Philbrick Attorne
Date : /~- -
Clic~nt.:
PAGE 1
TOWN OF NANTUCKET MUAS750 8.5
10/14/98 OWNER'S MAILING ADDRESS LIST
06:43:28
' Mailing Address/City State Zip Property Location
Map Block Loz s Name
owner's/Co-owner
20 CASAVIN DRIVE 0011 PITMAN RD
7313 0124 BRAND PATRICIA T EAST LYME CT 06333
00442
BELICHICK WILLIAM S & DEBORAH
6193 N
E 0038 SHELL ST
7313 NORWICH NY 11732-1615
EAST
SCHILLHAMMER RD 0040 SHELL ST
7313 0001 SLIMMON SUSAN KOCH JERICHO VT 05465
PO BOX 1701 0042 SHELL ST
7313 0002 *LANGER STEPHEN P & PO BOX 3214
NANTUCKET MA 02584
NICHOLS GREGORY C40B SHELL ST
7313 0118 *NANTUCKET TOWN OF 0016 BROAD ST
54
NANTUCKET MA 025
00443 ~
RAYMOND GEORG_ G JR TR 7920 GRAND BAY GR 0036 SHELL ST
7313 NAPLES FL 33963
PO BOX 145 0032 SHELL ST
7313 00441 *FREDLAND MARK & C PETER SIASCONSET MA 02564
0043 ~
RAYMOND ELL_N ROBINSON TR 7920 GRAND BAY DR 0028 SHELL ST
7313 NAPLES FL 33963
0042
FREDLAND KURT R & NINA M 7807 HIGH STAR 0026 SHELL ST
7313 yOUSTON TX 77036
0041
GIFFEN JAMES C JR & ROBERTA
AVE
0201 0007 KING ST
7313 MA 02138
CAMBRIDGE
1224 C STREET NE 0006 KING ST
7313 0086 NEWELL RICHARD G ETAL WASHINGTON DC 20002
C/0 AMY NEVEL 0004 KING ST
7313 0087 WEINMAN RHODA H & MCLAUGHLIN Po BOX
02554
NANTUCKET MA
JOSEPH J 0002 KING ST
7313 0088 ARMINGTON IRENE M 0239 E 79 ST
NY 10021
NEW YORK
2221 HOPEDALE AVE 0020 CENTER SIAS S7
7313 0106 LACOUTURE JOHN E JR ETAL CHARLOTTE NC 28207
D & 7 PENRHYN ROAD 0025 SHELL ST
7313 0089 TEVEBAUGH C RICHAR WOODBRIDGE CT 06525
CONSTANCE B
2841 S 0026 BROADWAY
7313 0090 MATTOON BRUCE P & DOROTHY W T R
PUNTA GORDA FL 33950
MATTOON REALTY TRUST 0024 BROADWAY
7313 0107 HILL GEORGE J III & VIRGINIA D Oi88 VILLAGE AVE
2026
MA 0
DEDHAM
0025 BROADWAY
7313 0108 WELTON CHARLES E 6 LYON ST
NANTUCKET MA 02554
0093
DORN ELIZABETH GRIGGS ETAL 1407 KERSEY LN 0023 FRONT ST
7313 ROCKVILLE MD 20854
R & SUSAN M
MINATO-KU TOKYO 107
0027 BROADWAY
7313 0091 WHITNEY JOHN
4-17-40 MINAMI AOYAMA JAPAN
0029 BROADWAY
7313 0046 HOLLAND LINDA P DRAWER 14
SIASCONSET MA 02564
C/0 HOLLAND LINDA S 0027 SHELL ST
7313 0005 7 GREENS F E WADE TR 0035 CHARLES ST
NY 10014
WADE COTTAGES NOMINEE NEW YORK
TR 0029 SHELL ST
7313 0120 *NANTUCKET TOWN OF 0016 BROAD ST
NANTUCKET MA 02554
0061 JANE ST 0041 SHELL ST
7313 00051 MEEHAN THOMAS E NEW YORK NY 10014
00052 GRUBBS RAY W & ELIZABETH G 0401 E MAIN ST
0039 SHELL ST
7313 CHRISTIANSBURG VA 24073
0035 CHARLES ST 0033 SHELL ST
7313 0005 4 GREENS F E WADE TR NEW YORK NY 10014
WADE COTTAGES NOMINEE TR
PAGE 2
TOWN OF NANTUCKET MUAS750 8.5
10/14/98 OWNER'S MAILING ADDRESS LIST
06:43:28
' Mailing Address/City State Zip Property Location
Map Block Lot s Name
Owner's/Co-Owner
0035 CHARLES ST 0037 SHELL ST
7313 00055 GREENE F E WADE TR NEW YORK NY 10014
WADE COTTAGES NOMINEE TR 0035 SHELL ST
7313 00056 GREENE F E WADE TR
0035 CHARLES ST
YORK NY 10014
WADE COTTAGES NOMINEE TR NEW OFF N GULLY RD
0035 CHARLES ST
7313 0121 GREENE F E WADE TR NcW YORK NY 10014
WADE COTTAGES NOMINEE TR OFF N GULLY RD
7313
0122
GREENE F E WADE TR 0035 CHARLES ST
NY 10014
WADE COTTAGES NOMINEE TR NEW YORK 0004 NOSEGAY LN
7313 0004 WYSS SUSAN ELIOT ETAL TRSTS 841 CHC
P
TX 75019
C/0 ANDREA B MAYFIELD O
PELL
T 2418 G002 NOSEGAY LN
7313 0003 SIASCONSET PARTNERSHIP LTC 2335 PATRIOT HLS AP
SPRNGS CO 80904-5120
COLORADO 0000 SHELL ST
7313 00058 NANTUCKET ISLANDS LAND BANK 0022 BROAD ST
NANTUCKET MA 02554
0008
CANADA GRIFFIN VAN JR & EDNA L
9806
20854
RD 0013 PITMAN RD
7342 MD
POTOMAC
0007 PITMAN RD
7342 0009 PHILLIPS ELIZABETH ETAL 1687 34TH ST NW
DC 20007
WASHINGTON
6193 N
V 0004 COFFIN SIAS ST
7314 0018 BELICHICK WILLIAM S & DEBORAH NY 11732
MUTTONTOWN
0044 SHELL ST
7314 0017 MASSEY MARK & ELIZABETH PO BOX 471
HAMILTON MA 01936
0006 NOSEGAY LN
7314 0016 WINN MOLLY B & JAMES J JR TRS PO 60XgU88ER MD 21023-0188
NUMBER OF RECORDS = 38