HomeMy WebLinkAbout052-99TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: June 1 7 1g 99
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 052-99
Owner/Applicant: JULIET FARLOW HUNTER, TRUSTEE OF
(& SANKATY AVENUE REALTY TRUST
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 days 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.
~~.
QJ~
Dale Waine Chairman
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMJ.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.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WiASHINCiTON STREET
NANTUCKET, MASSACHUSETTS 02554
Assessor's Map 9
Parcel 94
Limited Use General 3
97 Sankaty Road
Plan Berk b, Page i 6
Deed Dook :;94, Page 59
At a Public Hearing of the NANT'UCKE'T 'LONINiG BOARt) OF
APPEALS held at 1:00 p.m., FRIDAY, JUNE 11, 1999, in the Ccmference
Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts,
cm the Application of JULIET FARLOW HtJNTER, TRUSTEE ~~f 97 SANKATY
AVENUE REALTY TRUST', c/u Vaughan, llale and Hunter, I .C:., P.O. Nox
659, Nantucket, Massachusetts 02554, Board of Appeals No. 052-99, she Board
made the following Decision:
t . Applicant is seeking relief by MODIFICATION of a VARIANCE
granted in Board of Appeals Fle No. 012-91. Paragraph No. 4, subsection (5)
of said Variance states that the ground ewer of all structures at 97 Sankaty Road
would be limited to 1,355+/- square teet ac a ccmdition of the grant of relief.
The original Decision allowed Applicant to treat Loxus (vacant land} and Premises
located at 84 Baxter Road (improved property including a dwelling and garage)
as separate buildable Lotc. The Wcus is said to have been conveyed gut of
common ownership during an extension granted by this Board. Applicant
proposes to construct a maximum of 2,SU0+/- square feet of ground cover for a
single-family dwelling and ancillary structures. Allowable ground cover in the
LT1C,-III uming district in which the Locus was situated is 39o ur 3,110+/- >~yuare
feet for the subject Lot. The Lcxus is non-e:onforming as to lot area with a lot
wntaining 103,672.80+I- square feet of area in a district that reyuires a minimum
toi size of 120,000 square feet. Please see BOA File Nos. 013-91, 041-89 and
(179-88.
The Premises is located at 97 SANKATY ROAD, SIASCONSET,
Assessor's Map 9, Parcel 94, Plan Book 6, Page 16. The property is zoned
Limited Use General 3.
2. 'The Decision is based upon the Application and the materials
submitted with it and the testimony and evidence presented at the Hearing. 'lie
Planning Board made a recommendation W allow increasing the ground cover
about the t,3S5 square feet provided for in the original Variance. There were
five letters from direct abutters to Locus, alt in favor of the relief as requesrted.
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'T'here were no let/ers n~~r testrl`mcmy in opposition to the relief as requested
3. Applicant's cou>tsel represented that the original Variance relief was
granted by the Beard of Appeals to sever a purported merger of the properties
located at 4? Sankaty Avenue anti 85 Baxter Road due to their being held in
common <~wnership as undersized non-confirming Lots prior and strhseyuent to
the adoption of zoning regulat6ons un Nantucket in July of 1972. In 1991, the
Predecessor-in-Title requested nd received a Variance from the minimum lot size
and frontage requirements. Th Variance confirmed the two properties as separate
buildable Lots. The relief w~s granted upon the condition that: (1) each Lot
would contain only atingle-family dwelling; (2) there would he no construc.~tion
within SO f"eet of the wetlands ~n the property located at 47 Sankaty Avenue; (3)
there would be no additional e~Cpansion of 84 Baxter Road without further relief
from the Nantucket Zoning board of Appeals; and (4) ground rover of the
~ructures on each i,ot would ~ limited to 1,355 square feet. Applicant's counsel
testified that on February 20, 1992, the _Predecessor-in-Title reyurs~ted an
extension of the rights under a Variance far an additional six months. "Che
request far extension was pro rly within the 12 month lifetime of the Variance,
and the Nantucket Board of . ppeals granted an extension until Scptcmher 5,
1942. During the six month bxtension, a building permit was applied for and
issued for 8413axter Road and Kl7 Sankaty Avenue was conveyed out of common
ownership to the Applicant.
Members of the Board vigorously questioned Applicant's counsel on
whether the Variance issued ~n 1991 and extended in 1992 had been in fact
exercised. Applicant's counsel ~eprer-ented that in a 1985 Massachusetts Appellate
Court Case (Hogan`v_ H4Yes, 474 NE 2nd i 1_S8, 19 Mass. App. Ct. 399 (1985))
end a 199b Land Court Case (1c~hn A_ Buttaro v_ Wnh-~rn R~wrrt ~?f Ap,~l~, land
Court Case No. 22U934), it was decided that a Variance may he sutticienUy and
irrevc-c;ably exercised by Conveying a vacant lot out of common ownership in
reliance on the Variance and b}~ the issuance of a Building Permit un one or more
of the retained or conveyed l.pb. Applicant's counsel represented that only a
most draconian reading of 4t)A; Sec:tiun 10 of the General Laws of Massachusetts
would result in a lapse if the above-mentioned steps had been taken within the
term cif the Variance. The Board satisfied itself that the Variance had been
exercised.
4. Applicant, through counsel, stated that she understood and agreed
in principle with the conditions contained in the original Variance. She stated that
she would limit construction of dwellings un the Lot to one single-family dwelling
and would not build within 5U Feet of the Bordering Wetland. Applicant stated,
through counsel, that she ink fact had presented a plan to the: Nantucket
Conservation Commission reflcxting a building envelope no closer than SQ feel
from the bordering wetland and would build in compliance with the Nantucket
Comservation Commission Order of Conditions. Applicant stated that, were it nut
for the fact that 97 Sankaty Avenue and 84 Baxter Road were held in a i.ife
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Insurance 't'rust controlled by pan off-island hank subject to very diftlcult 'Trust
restricticros, these properties w uld have been conveyed nut of cowman ownership
within the time period provid tix~ in the zoning regulations after the adoption
of zoning in Nantucket in July f 1472. Applicant suited that would have resulted
in 97 Sankat-y Avenue, s~ a pr -existing, non-wnforming Lot, generating ground
cover of three (3~) percent c~ l(}3,b72.f10 square feet or 3,11(1+/- square fcet.
The 7.oning Regulations allow is amount of ground cover to he divided hetwcen
two dwellings. Applicant sta ed that the property had been in her family for
almost forty years and she int ded to build a new year-round home for her and
her family.
5. Applicant, thro ' h counsel, stated that expanding the ground cover
condition from 1,355 square f to 2,SOU square feet may be granted as requested
and that such grant of relief ould not be detrimental w the public gocxl nor
derogate from the purpose of By-law. Applicant further stated that, in this
instance, the equities lie with a Applicant and the hardship to the Applicant is
evident if she is allowed to h d only 1,355 square foot home for her growing
family.
b. THEREFORE, a Board fords that the MODIFICATION of the
VARIANCE granted in iLc Cs. Nn_ 012.91, Paragraph No. 4, subsection (5) to
limit the allowable ground cc~v r to a maximum pf 2,500 square feet from 1,355
square feel would not be de imental to the public good nor would it be in
derogation of the purpose and ntent of the Zoning Chaptet.
Accordingly, by an una imous vote, the Board grants to the Applicant the
requested MOll11~ICATION ARIANCE K!sLIEF with respect to the ground
cover limitation upon the folio ing conditions:
(a} only one dwelli g to be constructed on the Lot;
(b) no savctures wit~tin fifty (50') feet of Wetland Rexwr~:c Area; and
fc) ground cover fo# all structures limited to 2,500 syuar-e feet.
I
Dated: June f-f 1999
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. w. WATNF
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M[CHAEL ARA
_..G~~
tNDA F. WILLIAMS
ET)WARD C. MURPHY
wrx~tHUn~ r V rrttrrre R~bwde~,.
VV 1 `10 _
WILLIAM H. HOIIRIHA _._.
R~CEf1/ED
TOWN CLER{'S OFFICE
NANTC;'CKET, MA 02554
J~i~ 1 7 X999
_r-M~:__ ~3 .~ 3 ~ ~,K
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CLERK:_.~~
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be
held at 1:00 P.M., FRIDAY, JUNE 11, 1999, in the CONFERENCE ROOM, TOWN
ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the
Application of the following:
JULIET FARLOW HUNTER, TRUSTEE OF 97 SANKATY AVENUE REALTY TRUST
BOARD OF APPEALS FILE N0. 052-99
Applicant is. seeking relief by MODIFICATION of a VARIANCE granted
in Board of Appeals File No. 012-91. Paragraph No. 4, subsection (5) of
said Variance states that the ground cover of all structures at 97
Sankary Road would be limited to 1,355+ square feet as a condition of
the grant of relief. The original Decision allowed Applicant to treat
Locus (vacant land) and Premises located at 84 Baxter Road (improved
property including a dwelling and garage) as separate buildable lots.
The Locus is said to have been conveyed out of common ownership during
an extension period granted by this Board. Applicant proposes to
construct a maximum of 2500+ square feet of ground cover for a
single-family dwelling and ancillary structures. Allowable ground cover
in the LUG-III zoning district in which the Locus is situated is 3% or
3,110+ square feet for the subject Lot. The Locus is nonconforming as to
lot area with the Lot containing 103,672.80+ square feet of area in a
district that requires a minimum lot size of 120,000 square feet. Please
see BOA File Nos. 013-91, 041-89 and 079-88.
The Premises is located at 97 SANKATY ROAD, SIASCONSET,
Assessor's Map 9, Parcel 94, Plan Book 6, Page 16. The property is zoned
Limited-Use-General-III.
RECEIVEC
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
~,
Dale W. Waine, Chairman o
MAY 2 6 1999
CLERK:
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. FOR ASSISTANCE PLEASE
CALL (508) 228-7215.
BoA.Form 1-89 NANTIICXET ZONING BOARD OF APPEALS
TOWN AND COIINTY BUILDINCi~ D to
NANTUCRET~ MA 02554 (~~
AP LIGATION FOR RELIEF CASE NO~ `~f'-~f/
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Owner's riame(S): ~Iul;et Farlow Hunter Trustee of 97 Sankaty Avenue Realty Trust
Mailing address: ~i„ panoh^n_ llal and Ain r, P c P 0 Box 659 Nantucket MA 025_`
Applicant's name: Same
Mailing address:
Location of lot: Assessor's map and parcel number 49 -94
Street address: _q7 Rank^tv Rnad Siaaconset
Fle~is~~~u 7-, ~• .•+=c"r,-~lvn~~~-br-~~ Phan Book 6, Page 16
o ' ~~
Date lot acquired: ,Z/~~ Deed Ref 394, 59 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 0?_
Building Permit appl'•n. Nos. ' "
Case Nos. all BoA applications, ?;~•.s„<+5;079-88, 041-89, 012-91
~ 1i4 -~
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
_ if to alter or~••extend •a noncon~'orming use) .~ If a ealan~ 139-33A
& B _ , attach decision or order a PP Per 139-3~A
ppealed. OK to attach addendum ,
MODIFICATION OF AN E%ISTING VARIANCE
SEE ADDENDUM ATTACHED HERETO ~ '
Items enclosed as part of this Application: orderl addendum2 x
Locus map x Site plan showing present +planned 's'tructures
Floor plans present proposed elevations (HDC,a~proved._)
Listings lot area frontage setbacks GCR parking data
Assessor-certifies addressee ~ st 4 sets ~-ma'ling label 2 sets ~
200 fee payabl.e._.to_.~'o.wn • of Nantucket •x proof ' cap' o~venant _
(If an appeal, ask Town Clerk to sen3 Bldg Comr record to BoA~'
I certify tha the requested information submitted is substantially
complete and rue,to th bestVof my knowlecjge, under the sins and
pelialties of erj`ury. ~~~• •.~ _ , k?_:,, ,
SIGNATURE:
p 'cant Attorney/agent _
3(If not owner~or' wn rRs attorne
y, enclose proof of authority)
FOR Bo OFFICE USE
Application copies rec' d: ~ 4_- or,_''f~o~r ~BoA on_~! /~~bY ~~e~"'~J
One copy filed with Town Clerk on`~_/"~'!
~bY complete?
One copy each.to $lanning.Bd and Buildin De~t~ ,~ Y ~~
$200 fee check given~Town Treasurer on~ ~by waived?_
Hearing notice posted~/7~'~mailed~~ I & MU /~~ ~~~
ti:
Hearing(s) on__-/_/_ cont'd to_/~_, ~~_ withdrawn?_/_J_
Decision due by~~_ made
~_/_ filed. TC___/___/_ mailed_/~_
See related cases lawsuits
other
The Applicant desires to modify the conditions of a VARIANCE granted
by the Nantucket Board of Appeals in its Case Nos. 012-91 and 013-91.
Paragraph Four, sub. (5) of said Variance states that the ground cover of all
structures at 97 Sankaty Road, Assessor's Map 49, Parcel 94, shall be limited to
1,355 square feet. The Locus is nonconforming as to lot size, having area of
103,672.80 +/- square feet in a District in which the minimum area is three
acres. Were it not for the above-referenced VARIANCE restriction, allowable
ground cover under all pertinent and applicable Nantucket Zoning Regulations
would be 3,110 +/- square feet (3 % ground cover ratio allowed for Limited Use
General 3) or 1,500 square feet (Zoning By-Law, Section 139-33B(2)(b)), the
greater of the two.
The Nantucket Board of Appeals in File Nos. 012-91 and 013-91 granted
a VARIANCE from the minimum lot size and frontage requirements of the By-
Law to allow the Applicant thereunder to treat Locus (vacant land) and the
Premises located at 84 Baxter Road (improved property including the dwelling and
a garage) as separate buildable lots. Pursuant to the relief granted thereunder,
Locus was deeded to the Applicant hereunder and a Building Permit for
renovation was granted to the owner of record of 84 Baxter Road. The
conveyance of the Locus and granting of the Building Permit for the Premises at
84 Baxter Road exercised the VARIANCE granted in Board of Appeals Cases
012-91 and 013-91.
Applicant now wishes to apply for a Building Permit. Applicant wishes
to build asingle-family dwelling and appropriate accessory structures with a total
ground cover of no more than 2,500 +/- square feet. Applicant will limit to one
(1) the number of single-family structures constructed on Locus notwithstanding
any provision of the Nantucket Zoning By-Law to the contrary.
The net effect of the Applicant's requested MODIFICATION of an
existing VARIANCE is that there shall be only one (1) single-family dwelling
constructed on Locus and gross ground cover shall be 600 +/- square feet less
than allowed in the Zoning District.
Additionally, Applicant requests further VARIANCE relief to the extent
that it may be required.
Applicant respectfully requests that the Nantucket Board of Appeals grant
the relief as asked for herein. This relief may be granted as it is in harmony with
the intent and purpose of the By-Law and does not derogate therefrom.
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BoA Fon~tt
PROPERTY OWNER:
Np,N'I'CTCKET ZONING B APPEALS
TOWN AND COUNTY BUILDING
DiAN'I'UCKET, MA 02554
ASSESSOR'S LIST OF PARTIES IN INTEREST
2-89
RECEIVED
BOARD OF ASSESSORS
APR 2 2 1999
TOWN OF
NANTUCKET, MA
APPLICANT FOR RELIEF (QSI~A/M~E? ) :
ADDRESS OF PROPERTY: " 1 '1' ~~ ~ *
d
ASSESSOR'S MAP - PARCEL: -
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, owners of land
directly opposite on any public or private street or way; and abutters of
the abutters and all other land owners within three hundred feet oearhon
property line of Owner's property,. as they (and their address) app
the most recent applicable tax list [per .G.L. c.40A, §11 and Zoning Code
Chapter 139, §139-29D(2)]• ` ~
~{~ Z.l~~ f~~~
Date
sor' s -Ofi~.ce
Town of Nantucket
*NOTE: Applicant (Petitioner) should include with the lot for which zoning
relief is sought, any commonly-owned abutting arcelshfor eachtabutter.
involved in the zoning matter. List map and P
Submitted b V u han and Dale, P. C.
Date: ~
Client:
jah/PORMS/boa
04/26/99 j TOWN OF NANTUCKET PAGE 1
07 :38 OWNER'S MAILING ADDRESS LIST MUAS750 9.2
Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Locati on
0048 0008 *NANTUCKET TOWN OF 0016 BROAD ST 0000 SCONSET BLUFF
NANTUCKET MA 02554
0049 00261 RAYMOND DOROTHY D ETAL TRUTS 9026 BRONSON DR 0071 BAXTER RD
RUGOSA COTTAGE TRUST POTOMAC MD 20854
0049 0027 BRECKER RICHARD L & JOAN R 500 BEACH ROAD APT 111 0073 BAXTER RD
VERO BEACH FL 32963
0049 0030 CULBERTSON WILLIAM R TRUSTEE 2 HANDASYDE LANE 0075 BAXTER RD
CINCINNATI OH 45208
0049 0031 POSNER JOSHUA & RUDDEN EILEEN 32 ARLINGTON ST 0077 9AXTER RD
CAMBRIDGE MA 02140
0049 0032 WEYMAR F HELMUT & CAROLINE S 0080 WESTCOTT RD 0079 BAXTER RD
PRINCETON NJ 08540
0049 0033 RITTER BRUCE & DIANE L 0293 NOD RD 0081 BAXTER RD
RIDGEFIELD CT 06877
0049 0034 RAUCH GEORGE W TR 0455 AUSTRALIAN AVE 0083 BAXTER RD
THE BLUFF TRUST PALM BEACH FL 33480
0049 0035 LUGOSCH J DANIEL & ELLEN 0158 FARM ST 0085 BAXTER RD
DOVER MA 02030
0049 0036 WHITTEMORE CLARK M JR 114 LOCKWOOD RD 0086 BAXTER RD
GREENWICH CT 06878
0049 0004 *MASSEY CRAIG & POPPI E G TRS 3200 SW FREEWAY STE 2100 0103 SANKATY RD
CRAIG MASSEY HOUSTON TX 77027
0049 0037 *HUNTER JULIET F TRUSTEE PO BOX 64142 0084 BAXTER RD
C/0 FIRST TRUST-SPECIAL ASSETS ST PAUL MI 55164-0142
0049 0038 HUNTER JULIET FARLOW PO BOX 358 082A BAXTER RD
SIASCONSET MA 02564
0049 0039 *FOOTLIGHT LLC WHALERS LANE 0082 BAXTER RD
C/0 VAUGHAN AND DALE NANTUCKET MA 02554
0049 0040 POSNER JOSHUA & RUDDEN EILEEN 32 ARLINGTON ST 0080 BAXTER RD
CAMBRIDGE MA 02140
0049 0041 CULBERTSON WILLIAM R TRUSTEE 2 HANDASYDE LANE 0078 BAXTER RD
CINCINNATI OH 45208
0049 0042 WEYMAR CAROLINE S TR 80 WESCOTT RD 0076 BAXTER RD
BAXTER REALTY TRUST PRINCETON NJ 08540
0049 0043 WEYMAR CAROLINE S TR 80 WESCOTT RD 0003 BAYBERRY SIAS LN
BAXTER REALTY TRUST PRINCETON NJ 08540
0049 0044 RAPPAPORT JEROME L & PHYLLIS E ONE LONGFELLOW PLACE-STE 3611 0072 BAXTER RD
C/0 RAPPAPORT ETAL BOSTON MA 02114
0049 0045 DARBY CHARLES D & JUDITH A PO BOX 739 0070 BAXTER RD
SIASCONSET MA 02564
0049 0092 RUDDICK J PERRY ETAL TRS PO BOX 207 0006 BAYBERRY SIAS LN
SIASCONSET MA 02564
0049 00921 RUDDICK J PERRY & SUSAN H 0010 HARKEY CT 0008 BAYBERRY SIAS LN
ROSELAND NJ 07068
0049 0186 WALLACE WILLIAM F & SUZANNE M 0039 BROAD BROOK RD 0005 BAYBERRY SIAS LN
BEDFORD HILLS NJ 10507
0049 0185 WALLACE WILLIAM F & SUZANNE M 0039 BROAD BROOK RD 0007 BAYBERRY SIAS LN
BEDFORD HILLS NY 10507
0049 0182 WHITELEY GEORGE C III & JEANNE 0210 'v;EST 90TH ST 0093 SANKATY RD
APT 7B NEW YORK NY 10024
0049 0183 *STARBUCK ROBERT F & SUSAN A 2 AUDUBON ROAD 0091 SANKATY RD
SOUTH SALEM NY 10590-2513
' 04/26/99 TOWN OF NANTUCKET
07:38:21 OWNER'S MAILING ADDRESS LIST
Map Block Lot Owner's/CO-Owner's Name Mailing Address/City State Zip Property Location
0049 0184 MACDOUGALL LOUISE TR 0495 VALLEY CLUB RD 0009 BAYBERRY SIRS ~N
MACDOUGALL LIVING TRUST SANTA BARBARA CA 93108
0049 0095 GOLDSMITH J GRAHAM & KATHERINE 7 KILBURN ST 0101 SANKATY RD
BURLINGTON VT 05401
0049 0002 SANKATY HEAD GOLF CLUB INC PO BOX 293 0100 SANKATY RD
SIASCONSET MA 02564
0049 0003 SANKATY HEAD GOLF CLUB INC PO BOX 293 0100 SANKATY RD
SIASCONSET MA 02564
PAGE 2
MUAS750 9.2
NUMBER OF RECORDS = 30