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Home My WebLink About012-88TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 ' February J , 1988 Re: Decision in the Application of FIDUCIARY TRUST COMPANY, AS EXECUTOR OF THE WILL OF OSWALD A. TUPANCY (012 -88) Enclosed is a notice of the Decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days e-fter this date. cc: Building Commissioner Planning Board Town Clerk William R. Sherman, Chairman BOARD OF APPEALS (0.12 -88) -3- (3) specifically, no secondary dwelling may be added on either lot. 8. In keeping with the precedents, based upon Mass. case law, found in our 3/23/87 Chadwick (024 -87.) and 12/21/87 Maslow (121 -87) deci- sions, we here find that the single - family dwelling and its use respective- ly on Lots A and B have been "structures or uses lawfully in existence ... before the first publication of notice of the public hearing on the by -law ", now our zoning Chapter 139. No undertaking since then has effected a legal merger of the lots for zoning purposes. They have retained their separate identity with respective pre- zoning residential buildings. In keeping with the "grandfathering" provisions of our Code Section 139 -33A and the state statute Ch. 40A MGL Section 6 from which the above is quoted, and appli- cable case law, no variance is required to validate use of the lots after transfer from common ownership. 9. Had the lots been legally merged for zoning ptLrposes, we would have had difficulty making all the findings required for variance relief. Here, the combined Lot A and B shape with its narrow link at the common lot line and building topography havcthe requisite uniqueness in the ROH District. Hardship to Applicant, if barred from carrying our the Tupancy will, seems clear. However, validating Lot B, if it had now to be newl}ycreated separate from Lot A, would be in derogation of Section 139 -16A reading "no lot shall'be changed in size or shape, unless in conformity with ..." the minimum lot size and frontage requirements. 10. Relief from the one - +space parking requirement:;for each of Lots A and B, after separately owned, may be granted by Special Permit under Section 139 -18G. We find that provision of such parking-is physically im- possible or, if physically practical on Lot B, would have a significant and adverse effect on traffic safety and upon the scenic and historic integrity of the neighborhood. With the conditions listed above, we find th €Y+granting the relief requested by Applicant is in harmony with the gen- eral purposes andiatent of the zoning chapter. 11. Accordingly, by UNANIMOUS vote, this Board FINDS that Lots A' and B may validly be transferred out of common ownership under the zoning protection of Section 139 -33A (without need of variance relief, accordingly (012 -88) -4- denied); and we GRANT to Applicant the requested relief from the off - street parking requirement by SPECIAL PERMIT under SECTION 139 -18G, subject to the aboV,e listed conditions. Dated: February 1� , 1988 Nantucket, MA 02554 William R. Sherman Aptj Andrew J. Leddy, Jr. Dale W. Waine N O T I C E (ela� _a) A Public Hearing of the BOARD OF APPEALS will be held on Friday,f��&_.iary, 1988, at 1:30 P.M., in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of FIDUCIARY TRUST COMPANY, as Executor of the Will of OSWALD A. TUPANCY ( d ioZ- -88), seeking a VARIANCE from Zoning By -Law Sections 139 -16.A (Intensity Regulations - Minimum Lot Size and Frontage) and 139 -18 (Off - Street Parking Requirements), to enable the will of Oswald A. Tupancy to be carried out, with Lot A (99 Main Street) being devised to Nantucket Historical Association, and Lot B (5 Gardner Street) directed to be sold and the proceeds added to the residue of the estate, to be used for charitable purposes. Lot A has no on -site parking; Lot B contains but 2,194 square feet (5,000 required) and has 39.98 feet of frontage (50 required). The premises are located at 99 MAIN STREET and 5 GARDNER STREET (Assessor's Parcels 42.3.3 -109 and 110), are shown as Lots A and B on Land Court Plan 19621 -B, and are zoned-as-RESIDENTIAL- OLD HISTORIC. William R. Sherman, Chairman BOARD OF APPEALS BOA Form 1 -87 APPLICATION NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") No. ri L --� Owner's name(s): Estate of Oswald A. Tupancy Mailing address: c/o Reade & Alger PC, P. 0. Box 2669, Nantucket, MA 02584 Applicant's name : Fiduciary Trust Company, Executor Mailing address: c/o Reade & Alger PC, P O Box 2669, Nantucket, MA 02584 Location of lot(s): Assessor's map and parcel: 42.3.3 -109 and 110 Street address 99 Main Street and 5 Gardner Street Registry LC PL, 19621 -B Lot A -& B Deed ref.Certs. 2993, Subdivision Endorsed ANR? 4657 (Pre -1955) _/_/_ Date lots) acquired: 2 /12/ 62 Zoning district Residential -Old Historic Number of dwelling units on lot(s): 2 Rental guest rooms None Commercial use on lot(s): None MCD? No. Building date(s): all pre -'72 zoning? Yes or Building permit application Nos, and dates C of 0? Case No(s). or dates all prior BOA applications: DTone State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non - conforming use, or to reverse Building Inspector by;Appeal per -31A & B: Applicant requests variance relief from Zoning By -Law Section 139 -16.A (Intensi.ty Regulations - Minimum Lot Size and Frontage) and Section 139 -18 (Off - Street Parking Requirement) to enable the will of Oswald A. Tupancy to be carried out. Specifically, the will devises Lot A to Nantucket Historical Association for its exempt purposes, and the executors are directed to sell Lot B and add the proceeds to the residue, to be expended for various charitable purposes. Lot B contains 2,194 square feet (5,000 regnired) and 39.98 feet of frontage (50 required). Lot A meets dimensional requirements, but no on -site parking is provided Enclosures forming part of this Application: Supplement to above Site /Blot plan(s) X with present /proposed structures X Locus map Floor plans present /proposed Appeal.record Needed: areas frontage setbacks GCR% parking data Assessor's certified addressee list (4 sets) ,X Mailing labels) (2:.sets)_X Fee check for $150.00 payable to Town of Nantucket X "Cap" covenant I certify that the requested information submitted is substantially complete and true to e best of knowledge, under pains and penalties of perjury. Signature: Applicant Attorney /agent x (If not owner, show basis for authority to apply:) FOR OFFICE USE Application copies received: 4((or only L�for BOA /_/�5 by L t�� i; One copy given Town Clerk / /6y �'(� Complete? One copy sent to Planning Board and to Building Dept. L-," by L��) $150.00 check given Town Treasurer 1/� -� y } Notices of hearing posted IL .; mailed //�� published Hearing(s) held on _ /_ /_ continued to _ /_ / _ /� /_ withdrawn`! Decision made _ /` /_ filed with Town Clerk _ /_ /_ mailed See related files: application - litigation - other