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HomeMy WebLinkAbout064-88r •� e► BOARD OF APPEALS OF NANTUCKET TOWN OF NANTUCKET NANTUCKET, MA 02554 File No. Map Parcel IN RE: THE APPLICATION OF V_ / I�G Yom+ f J. I Upon the request of the Applicant(s) made prior to (check one) / ✓ after publication of notice of a public hearing on the above captioned application, we acknowledge as a matter of right and without rejudice (check one) (((/// approve without prejudice approve, but with prejudice the withdrawl (check one) Dated 0cf- j v in full of the said application. of so much of the said application as G G1/rwll� -balms ii LA) '1 d� C..4 u , �..1 J 1 lX, f �► Oroq 7�� = vc ' >C, c, �e,s a -) C-�Z_ c. Kc �GV 1/ 7-7 lr � 4 W CC ✓'L 7 !/t- qoA 610 w IA I�l wJ4 /C,4 47 ell (- 77tt- 13 c-) q N6Q- o f Ap e ct i5 1` 5 ry- t rl-o dt 4.0 qt-,t- �A,r)ttACP-- c( ) i c cc f ." , t f� �P I LO vvJA'( SCF4<lm�el- 7-S rt t v i Y""e 6t 43 Ve,r-1 4y L) r � 1 CHOATE, HALL & STEWART EXCHANGE PLACE 53 STATE STREET BOSTON, MASSACHUSETTS 02109 TELEPHONE (617) 227 -5020 TELECOPIER (617) 227 -7566 TELEX 289374 August 24, 1988 FEDERAL EXPRESS Nantucket Zoning Board of Appeals Town & County Building Broad Street Nantucket, Massachusetts 02554 CHARLES A CHOATE. JR. 1899 -1927 JOHN L. HALL 1899 -1960 RALPH A. STEWART 1904 -1926 Re: Variance Application of Dr. and Mrs Kevin Loughlin Dear Board Members: On behalf of Dr. and Mrs. Kevin Loughlin (the "Applicants "), I hereby waive the provisions of Section 139 -32(E) of the Nantucket Zoning Code, which requires the Nantucket Zoning Board of Appeals to act on the above - referenced variance application within seventy -five (75) days. The Applicants request, and agree to, an extension through October 31, 1988 of the time period specified by Section 139- 32(E). By letter dated August 5, 1988, the Applicants previously requested and agreed to an extension of the relevant time period until September 30, 1988. A further extension of the time period within which the Board of Appeals is required to act on the variance application is being requested in order to allow the Applicants to continue to work with the Planning Board. In addition to the variance request, the Applicants have also filed an application with the Planning Board pursuant to Section 139- 15(C)(1) of the Zoning Code for a special permit to allow the construction and use of a single family home. The Applicants have met with the Planning Board on two occasions, and are scheduled to again meet with that Board on September 12, 1988. The Applicants have agreed to engage in an evaluation process with the Planning Board whereby sites whichlare critical to the scenic Nantucket Zoning Board of Appeals August 24, 1988 Page 2 and visual integrity of the moorlands will be identified and any potential adverse effects on the moorlands from the proposed building will be minimized. This process, which was detailed by Steven G. Cecil of Childs Bertman Tseckares & Casendino, Inc. at the public hearing before the Planning Board on July 25, 1988, will include a detailed visual analysis of the property using methods that are well - established and understood in the design profession. The Applicants anticipate preparing revised plans for the project as a result of the visual analysis process, and these plans will be submitted to both the Planning Board and the Board of Appeals. The Applicants are hopeful of continuing to work together with the Planning Board to achieve a building design which will allow a reasonable use of the Applicants' property and which will also be in harmony with and further the goals and objectives of the Moorlands Management District. The requested extension of the time period specified by Section 139 -32(E) of the Zoning Code is necessary to allow this process with the Planning Board to take place before the Board of Appeals acts on the variance application. TJC /wmb cc William R. Klein, Stephen G. Cecil Dr. and Mrs. Kevin Donald L. Connors, 5101C i �� Very truly yours, �I Timothy J. Courville Planning Director Loughlin Esq. &-C(� �Pb - " CHO.ATE, HALL & STEWART EXCHANGE PLACE 53 STATE STREET BOSTON, MASSACHUSETTS 02109 TELEPHONE (617) 227 -5020 TELECOPIER (617) 227 -7560 TELEX 289374 April 13, 1988 Town Clerk Town of Nantucket Town & County Building Broad Street Nantucket, MA 02554 CHARLYrS R CHOATE, JR. 1899 -1927 JOHN L. HALL 1899 -1960 RALPH A. STEWART 1904 -1926 Re: Variance Application of Dr. and Mrs. Kevin Loughlin Dear Sir /Madam: Enclosed please find the Variance Application of Dr. and Mrs. Kevin Loughlin for their property located on West Miacomet Road. Submission of this Application and the accompanying plans constitutes notice of filing of same pursuant to Massachusetts General Laws Chapter 30A. Please acknowledge receipt of these documents by date - stamping a copy of this cover letter. Thank you for your cooperation. Sincerely yours, Donald L. Connors MES:bab Enclosures 5652s cc: Dr. and Mrs. Kevin Loughlin BOA Fo_n 1 -87 No. - , APPEICATION NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner'; name(s): Kevin V. Loughlin, M.D. and Kathryn D. Loughlin Mailing address: 237 Glezen Lane, Wayland, Massachusetts 01778 Applicant's name : Same as above Mailing address: Same as above Location of lot(s): Assessor's map and parcel: Map No, 81, Parcels 72.2 and 73.2 Street address Lot 32 and 33 West Miacomet Road Registry LC PL, PL BK & PG, PL FLLand Ct.Pl. of 32. and 33 Deed ref. 8 Subdivision Endorsed _ /_ /_ ANR? 3/10/80 Date lot(s) acquired: 1/3 /84 Zoning district Moorlands I- lanageient Distri( .Number of dwelling units on lot(s): none Rental guest roomgnot applicable Commercial use on lot(s): not applicable MCD? not applicable Buildi.Tlg date(s): all pre -'72 zoning?not applicableor Bui'_3ing permit application Nos. and dates not applicable C of 0? pplicable Case No(s). or dates all prior BOA applications: not applicable State dully 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 Var4.ance, -30A if Special Permit, -33A if to alter or extend non - conforming use, or to reverse Building Inspector by.Appeal per -31A & B: See Exhibit A attached hereto. Enclosures forming part of this Application: Supplement to above Site /plot plan(s) X with *proposed structures X Locus map X Floor plans present /proposed Appeal record Needed: areas 10acresfrontage 300 setbacks 50 GCR% 0.5% 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 "Cap" covenant I cert'fy that the requested information submitted is substantially complete and true to the best of my knowledge, under pains and penalties of perjury. Signati r.e: (e �� 'Al, Applicant X Attorney /agent (If not owner ow ba 's for authority' to- apply- :) FO OFFICE USE I . . L+VVTMTT T Summary of Requested Relief The appellant, Kevin V. Loughlin, M.D., is the owner of a four acre lot located along West Miacomet Road in the Moorlands Management District. Dr. Loughlin seeks the following relief: (a) A special permit from the Nantucket Planning Board for construction of a single dwelling pursuant to Section 139- 15(C)(1) of the Nantucket Zoning Code (the "Zoning Code "). (b) A variance from the Nantucket Board of Appeals from the ground cover ratio provisions of Section 139 -16 of the Zoning Code, which would limit the permissible ground cover of Dr. Loughlin's residence to 1500 square feet. As shown on the attached plan, Dr. Loughlin seeks to construct a house covering approximately 2700 square feet of ground. Description of the Proposed Dwellin The house will be a single family dwelling for the use of Dr. Loughlin and his family. It will be a shingle -style wood frame house with additive masses which bring the house visually to the ground. The shingles used will be of the type normally used in Nantucket, in keeping with the surrounding environment and the other houses in the area. The roof will be cedar shingled, once again blending with the surrounding natural environment. The house will have a ground cover of approximately 2700 square feet, and an elevation of twenty -five feet. A driveway from West Miacomet Road will be constructed with a width of ten feet and a length of 275 feet. The driveway will follow the natural contours of the land in order not to alter the existing land elevations or unnecessarily disturb the existing vegetation. It will be a shelled driveway on hardening, and shall only serve the Loughlin house. No alteration of existing vegetation other than that necessitated by construction of the house and driveway will occur, nor will any new shrubbery be planted. Variance and Special Permit The relief sought will enable Dr. Loughlin to build a house which is in keeping with the scenic and environmental integrity of the Moorlands Management District and is consistent with the ground cover of the other buildings in the area. The chart attached hereto as Attachment A shows that other properties in the immediate area range in ground cover from 0.9% to 3 %. Dr. Loughlin's house will have a ground cover ratio of approximately 1.5 %. Prior to adoption of the Moorlands Management District by the Town of Nantucket in 1984, the Loughlin property lay in a Limited Use General 2 ( "LUG 2 ") Zoning District. The applicable ground cover ratio prior to 1984 was, and remains, 4% in the LUG -2- 2 District. As such, a far larger house than that proposed by Dr. Loughlin would have been permissible. At the time that the Moorlands Management District was adopted, only two lots in the District remained unbuilt: the Loughlin's lot and Lot 72.1 on the Nantucket Tax Assessors Map 81. In effect, these two lots have been singled out to bear the burden of this new regulation. This places an unfair and impermissible public burden on two private individuals, and may represent an unconstitutional violation of due process. Moreover, zoning regulations, according to very recent United States Supreme Court cases, must "substantially advance legitimate state interests." Nollan v. California Coastal Commission, 107 S. Ct. 3141, 3146 (1987); Agins v. Tiburon, 447 U.S. 255, 260 (1980). In Nollan, the Supreme Court demanded that there also be a strong and clear connection between the application of a land -use regulation and its purpose. Nollan, at 3148. A failure to meet these standards recently established by the Supreme Court results in an unconstitutional taking of property under the Fifth Amendment of the United States Constitution. Strict application of the Zoning Code ground cover provisions may result in a violation of these constitutional principles. The number of square feet of ground cover is unrelated to protection of the scenic integrity of the moorlands -- a long, narrow structure with a small ground cover may have a lesser effect on scenic integrity than another -3- structure with a larger ground cover. Moreover, requiring Dr. Loughlin to comply with a ground cover ratio which is approximately three times as restrictive as that which had applied to the rest of the District fails to substantially advance the stated purpose of the regulation, protection of the long -term integrity of the moorlands as an ecological system. As proposed, Dr. Loughlin's home will fit into the natural environment with a minimum of disruption, and will be consistent with the other buildings in the area. A strict application of the provisions of Zoning Code Sections 139 -15 and 139 -16 will not help in achieving the purpose of these regulations, protection of the environmental integrity of the Moorlands Management District. Further evidence and testimony in support of this application will be presented at the public hearing. 4 4 8 4 5 -4- CHOATE, HALL & STEWART EXCHANGE PLACE 53 STATE STREET BOSTON, MASSACHUSETTS 02109 TELEPHONE (817) 227 -5020 TELECOPIER (817) 227 -7588 TELEX 289374 April 13, 1988 Town Clerk Town of Nantucket Town & County Building Broad Street Nantucket, MA 02554 CHARLES F. CHOATE. JR. 1899 -1927 JOHN L. HALL 1899 -1980 RALPH .A_ STEWART 1904 -1928 Re: Variance Application of Dr. and Mrs. Kevin Loughlin Dear Sir /Madam: Enclosed please find the Variance Application of Dr. and Mrs. Kevin Loughlin for their property located on West Miacomet Road. Submission of this Application and the accompanying plans constitutes notice of filing of same pursuant to Massachusetts General Laws Chapter 30A. Please acknowledge receipt of these documents by date - stamping a copy of this cover letter. Thank you for your cooperation. Sincerely yours, Donald L. Connors MES : bab Enclosures 5652s cc: Dr. and Mrs. Kevin Loughlin NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JULY 8, 1988 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli- cation of KEVIN V. AND KATHRYN D. LOUGHLIN (064 -88) seeking a VARIANCE from the 0.5% ground cover ratio applicable to their undersized 3.5 acre lot, or from the 1500 SF ground cover al- lowable if it were a "lot of record" per Section 139 -16A, t <: be able to construct a 25 -foot high single - family dwelling with about 2700 SF ground cover (about 1.8% GCR). Minimum lot size is 10 acres in this MOORLANDS MANAGEMENT AREA. The premises are at 35 WEST MIACOMET ROAD, Assessor's Parcel 81- 072.2, Land Court Plan 17368 -L, Lot 35, 0.4 acre Parcel 81 -73.2, Lot 33, on the pond side of the road, is in common ownership. It L'nda F. Williams, Secretary BOARD OF APPEALS BOA Fo _:n 1 -87 APPEICATION-- NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): Kevin V. Loughlin, M.D. and Kathryn D. Loughlin Mailing address: 237 Glezen Lane, Wayland, Massachusetts 01778 Applicant's name Same as above Mailing address: Same as above Location of lot(s): Assessor's map and parcel: Map No, 81, Parcels 72.2 and 73.2 Street address Lot 32 and 33 West Miacomet Road Registry LC PL, PL BK & PG, PL FLLand Ct.Pl. of 32. and 33 Deed ref. ,, 8 Subdivision Endorsed _ /_ /_ ANR? 3/10/80 Date lot(s) acquired: 1/3 /84 Zoning district Moorlands Managcnnent Distri< ,Number of dwelling units on lot(s): none Rental guest room$not applicable Commercial use on lot(s): not applicable MCD? not applicable Building date(s): all pre -'72 zoning ?not applicableor Bui'ding permit application Nos. and dates not applicable C of 0? pplicable Case NO (s). or dates all prior BOA applications: not applicable State 'ully 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 Var;.ance, -3OA if Special Permit, -33A if to alter or extend non - conforming use, or to reverse Building Inspector by ,Appeal per -31A & B: See Exhibit A attached hereto. Enclosures forming part of this Application: Supplement to above Site /plot plan(s) X with >pMQPM2AM$proposed structures X Locus map X Floor plans present /proposed Appeal record Needed: areas l0acresfrontage 300 setbacks 50 GCR% 0.5% 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 "Cap" covenant I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under pains and penalties of perjury. Signatt r.e: �-��^^ ��. Applicant X- Attorney /agent (If not owner ow ba 's for authority_toy apply- :) FQ OFFICE USE VVLrTnrm n Summary of Requested Relief The appellant, Kevin V. Loughlin, M.D., is the owner of a four acre lot located along West Miacomet Road in the Moorlands Management District. Dr. Loughlin seeks the following relief: (a) A special permit from the Nantucket Planning Board for construction of a single dwelling pursuant to Section 139- 15(C)(1) of the Nantucket Zoning Code (the "Zoning Code ") . (b) A variance from the Nantucket Board of Appeals from the ground cover ratio provisions of Section 139 -16 of the Zoning Code, which would limit the permissible ground cover of Dr. Loughlin's residence to 1500 square feet. As shown on the attached plan, Dr. Loughlin seeks to construct a house covering approximately 2700 square feet of ground. Description of the Proposed Dwelling The house will be a single family dwelling for the use of Dr. Loughlin and his family. It will be a shingle -style wood frame house with additive masses which bring the house visually to the ground. The shingles used will be of the type normally used in Nantucket, in keeping with the surrounding environment and the other houses in the area. The roof will be cedar shingled, once again blending with the surrounding natural environment. The house will have a ground cover of approximately 2700 square feet, and an elevation of twenty -five feet. A driveway from West Miacomet Road will be constructed with a width of ten feet and a length of 275 feet. The driveway will follow the natural contours of the land in order not to alter the existing land elevations or unnecessarily disturb the existing vegetation. It will be a shelled driveway on hardening, and shall only serve the Loughlin house. No alteration of existing vegetation other than that necessitated by construction of the house and driveway will occur, nor will any new shrubbery be planted. variance and Special Permit The relief sought will enable Dr. Loughlin to build a house which is in keeping with the scenic and environmental integrity of the Moorlands Management District and is consistent with the ground cover of the other buildings in the area. The chart attached hereto as Attachment A shows that other properties in the immediate area range in ground cover from 0.9% to 3 %. Dr. Loughlin's house will have a ground cover ratio of approximately 1.5 %. Prior to adoption of the Moorlands-Management District by the Town of Nantucket in 1984, the Loughlin property lay in a Limited Use General 2 ( "LUG 2 ") Zoning District. The applicable ground cover ratio prior to 1984 was, and remains, 4% in the LUG -2- 2 District. As such, a far larger house than that proposed by Dr. Loughlin would have been permissible. At the time that the Moorlands Management District was adopted, only two lots in the District remained unbuilt: the Loughlin's lot and Lot 72.1 on the Nantucket Tax Assessors Map 81. In effect, these two lots have been singled out to bear the burden of this new regulation. This places an unfair and impermissible public burden on two private individuals, and may represent an unconstitutional violation of due process. Moreover, zoning regulations, according to very recent United States Supreme Court cases, must "substantially advance legitimate state interests." Nollan v. California Coastal Commission, 107 S. Ct. 3141, 3146 (1987); Agins v. Tiburon, 447 U.S. 255, 260 (1980). In Nollan, the Supreme Court demanded that there also be a strong and clear connection between the application of a land -use regulation and its purpose. Nollan, at 3148. A failure to meet these standards recently established by the Supreme Court results in an unconstitutional taking of property under the Fifth Amendment of the United States Constitution. Strict application of the Zoning Code ground cover provisions may result in a violation of these constitutional principles. The number of square feet of ground cover is unrelated to protection of the scenic integrity of the moorlands -- a long, narrow structure with a small ground cover may have a lesser effect on scenic integrity than another -3- structure with a larger ground cover. Moreover, requiring Dr. Loughlin to comply with a ground cover ratio which is approximately three times as restrictive as that which had applied to the rest of the District fails to substantially advance the stated purpose of the regulation, protection of the long -term integrity of the moorlands as an ecological system. As proposed, Dr. Loughlin's home will fit into the natural environment with a minimum of disruption, and will be consistent with the other buildings in the area. A strict application of the provisions of Zoning Code Sections 139 -15 and 139 -16 will not help in achieving the purpose of these regulations, protection of the environmental integrity of the Moorlands Management District. Further evidence and testimony in support of this application will be presented at the public hearing. 4 4 8 4 5 -4-