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Home My WebLink About040-88f TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April F , 1988 Re: Decision in the Application of CHRISTINE CARTER (040 -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 after this date. William R. Sherman, Chairman BOARD OF APPEALS 't cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on Monday, March 28, 1988 at 1:30pm in the Town and County Building, Nantucket, Massachusetts, made the following Decision upon the Application of CHRISTINE CARTER (0q0 -88) address 15 Lauretta Lane, Nantucket, MA. 1. Applicant seeks a VARIANCE from the minimum lot size and frontage requirements of Zoning By -Law Section 139 -16A. In the alternative relief was sought by way of a finding that single- family residential use of the premises may lawfully continue (notwithstanding the minimum lot size and frontage re- quirements of the current LUG -3 zoning) as provided in Section 139 -33. In either case, such use would be validated, notwithstanding the fact that the locus (Lot 52 on L.C. Plan 16220 -Q) was held in common ownership with an abutting lot (Lot 53 on said plan) by Applicant from prior to the enactment of Zoning in Nantucket in 1972 through June 1976, after the LUG -3 rezoning in 1973. The premises are located at 15 Lauretta Lane, Nantucket, MA, Assessor's Parcel 14- 010.1. 2. Our findings are based upon the Application papers and information and representations received at our hearing. As we understand counsel's presentation, Applicant created lots 52 and 53 by a plan endorsed "approval not required" by the Nantucket Planning Board on January 20, 1972. Effective in August 1972, the premises were zoned as Limited Use General, with a minimum lot size of 50,000 square feet. In 1973 zon `ing in the district was changed to LUG -3, with a minimum lot size of 120,000 square feet. Lot 52, locus, contains 1.8 acres; Lot 53 con- tains 2.0 acres. Both lots are undersized, and Lot 52 has insufficient frontage for the present zoning. These two lots remained in common ownership until the conveyance of Lot 53 by deed recorded June 24, 1976. 3. In this proceeding, we are persuaded by counsel for Applicant that Lot 52 continued throughout the critical period 1972 through 1976 to remain in single family residential use separate from the use of Lot 53, each lot having its own single - family dwelling which pre -dated the introduction of zoning on Nantucket in 1972. There was no evidence presented nor are we aware of any that would demonstrate a change in use of Lot 52 since its becoming non - conforming in 1973, nor of any abandonment of the protections afforded it under Section 139 -33. 4. In our prior decisions to Chadwick (024 -87) and Maslow (121 -87), we found continued single - family residential use of non - conforming lots to be valid and lawful since they had each maintained their separate [de,ntctj @s w +their Ye3J '�f +�'Y use abutting lots held in common ownership after becoming non- conforming lots. 5. Since we have no evidence of a change in the single- family residential use of lot 52, and none is proposed to us, we FIND that such use of the said Lot 52, separate from Lot 53, may lawfully continue, notwithstanding its having been previously held in commonownership with the abutting Lot 53 for the period stated above. Presently, no variance or special permit is needed or required. We note, however, that alterations of the existing structures and use, if any, shall be made in accordance with the provisions of Section 139 -33A. If, for example, a secondary dwelling were to be constructed, Section 139 -33A would require that a Special Permit first be obtained authorizing such an alteration and extension in the use of the Lot. 6. We are unable to make the findings in this case necessary for variance relief as set out in Section 139 -32A of the Nantucket Zoning By -law. Applicant's presentation failed to reach the minimum thresholds. 7. Accordingly, by unanimous vote of this Board, the requested VARIANCE is DENIED. Nevertheless, in reaching a decision on this Application, we do FIND that the present single- family use of Lot 52 (neither "altered" nor "extended" to an extent requiring a Special Permit under 139 -33A) may lawfully continue separate from Lot 53. Dated: V NOTICE A Public Hearing of the Board of Appeals will be held on VY10r)Gfa_1_f1 March oZ1 , 1988 at 1:30 P.M. in the Town and County Building, Federal and Broad Streets, Nantucket on the Application of Christine Carter ( OL% -88) seeking a VARIANCE from the minimum lot size and frontage requirements of Section 139 -16 to validate as buildable the existing 1.7 acre Lot 52 with 79.66 frontage on a private way held in common ownership with the adjoining Lot 53 after the effective date of zoning requirements making the said Lot 52 non - conforming. The premises (Lot 52 on Land Court Plan 16220 -Q) are at 15 Lauretta Lane, Assessor's Parcel 0014- 010.1, zoned Limited Use General -3.) �ru� ✓ew p. I A<f� >(q Cl�a�� rwiL BOA Form 1 -87 N o � G-+� ARPEICATIOV T NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") 1 Owner's name(s): Christine Csrter Mailing address: 15 Lauretta Lane ,4plicant's name same .,-.Mailing 'address: :'`[vocation of lot(s): Assessor's map and parcel: Map 0014 Parcel 010.1 Street address 15 Lauretta Lane Registry LC PL, BM u "94x )Mxr, 16220 -Q Lot 52 Deed ref . Cert . 74- Subdivision Endorsed / / ANR? ;'::Date Lot(s) acquired: Zoning district LUG -3 Number of dwelling units on lot(s): 1 Rental guest Looms 'Commercial use on lot(s): None MCD? No Building date(s): all pre -'72 zoning? ves or Building permit application-Nos. and dates C of 0? Case No(s). or dates all prior BOA-applications: None State fully all zoning relief sought together with all respective Code sections .;and subsections, specifically, what you propose compared with present and ^'u``what rounds you urge, for BOA to make each finding g Y g � g per Section 139 -32A if Variance, -30A if Special Permit -33A if to alter or extend non - conforming use, or to reverse Building Inspector byyAppeal per -31A & B: Applicant seeks relief, if necessary, by VARIANCE pursuant to 139 -32A from the minimum lot size and frontage requirements of 139 -16. If granted, Applicant will be allowed to maintain and use the said Lot 52 as a buildable lot for single - -_ family dwelling purposes sepa`ra`te" fom`'hot 53 which- abutts t -o the west. Lot . 52 has approximately 1.7 acres of area and approximately 79.66 feet of frontage on a private way. There is also an existing dwelling on each of Lots 52 and 53. r Enclosures forming part of this Application: Supplement bo above Site /clot plan(s) with present/oposed structures x Locus map x Floor plans present /proposed Appeal;.record' Needed: areas 1.7 ac'rontage 79.66 setbacks GCR% 2% parking data 1 `Assessor's certified addressee list .(4 sets):= x Ma.iY.ing labels).(2."s�ts)�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 trud°to t eat kn ledge; ..under pains'and 'penalties'.of perjury. Signature: Applicant Attorney /Agent x (If not owner, show b s s for authoritv=tb- : *Aontu-. )'.