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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
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j
v in full of the said application.
of so much of the said application as
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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-