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HomeMy WebLinkAbout079-88o -7 g- �SP 2;' 10MUCKNT ZONING HOARD OF APPRUA NANTUCRBT, MASSACKU82 S O2554 August R0, 1988 File No. CY7 9- W To: Parties in interest and others Re: Decision in the Application of No`-1- I'on4(_ 160 jC.eC)a'� �ar�t � C(i' 0 t7n.)st(,,� c6 t�je Enclosed is the decision of the Board of Appeals which has this day been filed with 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 a complaint in court within twenty.:(20) days after this 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. cc: Building Commissioner Planning Board Town Clerk W ll am R. Sherman, Chairman BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS DECISION: The Nantucket Board of Appeals at a public meeting held on Friday, August 5, 1988, at 1:30 p.m. in the Town and County Building, Nantucket, Massachusetts, made the following decision upon the application of National Boulevard Bank of Chicago, Trustee of the Arthur C. Farlow Life Insurance Trust, u /d /t dated June 15, 1962, (079 -88) address 400 -410 North Michigan Avenue, Chicago, Illinois 60611. 1. Applicant sought a VARIANCE pursuant to 139 -32A from the minimum lot size and frontage requirements of 139 -16, Intensity Regulations, of the Nantucket Zoning By -Law. The relief sought would allow the Applicant to treat as separate buildable lots, the two (2) existing nonconforming, abutting lots held in common ownership. Alternatively, the Applicant offered a reconfiguration of the lots that would create two more evenly sized lots. The Board chose not to require the recon- figuration. 2. The locus is made up of- two• -(2-)' "parcels of land shown as Assessor's Parcel 49 -37 and Parcel 49 -94 and described in a deed recorded in Book 135, Page 18 at the Nantucket Registry of Deeds. The properties are located, respectively, at 84 Baxter Road and 97 Sankaty Avenue. Parcel 37 contains approximately 9355 square feet, and Parcel 94 contains approximately 103,645 square feet of area. Both parcels are within the L.U.G. -3 Zoning District, but they form the boundary of such zone with the less restrictive R -2 District. Indeed, it was represented by Applicant's counsel that according to some Zoning Plans, a portion of Parcel 94 is within the R -2 zone. Nevertheless, the L.U.G. District requires a minimum lot size of 120,000 square feet and minimum frontage of 200 feet. Parcel 37 is nonconforming as to both of these; Parcel 94 is nonconforming as to lot area only. Parcel 37 also has the benefit of a Special Permit (091 -87) dated Septem- ber 4, 1987, for alteration of the pre - existing single family dwelling and garage located thereon. 3. Our findings are based upon the application papers, plans accompanying the application and plans, copies, representations and testimony presented at the hearing. 4. In support of Applicant's request for VARIANCE under 139 -32 we find, as follows: A. Owing to circumstances relating to soil conditions, shape, topography of the land, but not affecting generally the zoning district, a strict application or enforcement of the minimum lot size and frontage requirements will work a sub- stantial hardship, financial or otherwise on Applicant. Applicant is a trust having a Trustee located in Chicago, Illinois. The placement of the two lots into separate ownership at the inception of zoning in Nantucket could have preserved their separate identities and allowed for the con- struction of two (2) dwellings on each lot. We are informed, however, that the trust instrument does not provide for such a separation of title except by sale of one or other of the parcels for value. Notwithstanding the commonality of title of the two parcels, Applicant asserts that there has been no voluntary waiver of the lot's' separate identities and that any merger is by operation of law only. Indeed, in September of 1987, Applicant sought and was granted a Special Permit for Parcel 37 without reference to Parcel 94. whether Notwithstanding /a merger has occurred, however, zoning would allow, with- out benefit of relief, the construction of a second dwelling on the property. The combined ground cover of all resulting structures could lawfully reach 3390 square feet. The second dwelling, however, would be required to be in "same" ownership as that of the first. This situation is impractical given the condition of the topography. As shown on the topographic plan submitted, a wetland area, running north and south, exists along the eastern edge of Parcel 94 and the western edge of Par- cel 37. This wetland forms a natural barrier between the two parcels. Also, the lots have different addresses and with frontage on parallel streets providing separate access. Therefore, a strict application of the zoning requirements would impose a 'Legal commonality of ownership inconsistent with the physical conditions present. Moreover, by carefully shaping the relief hereby granted, the purposes of the By -Law can be furthered without requiring the two parcels to be treated as one. B. Our granting relief hereby, with appropriate conditions, will not derogate from the Zoning By -Law's intent and purpose and will not cause detriment to the public good. As stated above, the property can presently have two dwelling on it. By limiting the property to a total of two dwellings, we can insure that use of the premises will be no more intense than that which is presently allowed. Because of Page 2 the size of the property, a septic system may presently be employed for a new dwelling; the existing dwelling on Parcel 37 is connected to Town sewer. We may better insure against intrusions of toxins into our ground waters, however, by conditioning relief on use of the sewer system by any future dwelling. We may also further the purpose of the By -Law by further controlling the size of the structures on these undersized lots. By limiting the allowable ground cover on each to 1355 square feet per lot, the existing ground cover on Parcel 37, we can accomplish this goal. Finally, we have a concern with consistency with the past and with other local boards. By imposing a fifty (50) feet setback of any building from the wet- lands, we can further this public interest. By conditioning relief upon the aban- donment of Applicant's Special Permit of September, 1987, due to expire in Septem- ber, 1988, we can be better assured that this decision will be the comprehensive limits of zoning relief in effect. 5. THEREFORE, upon a motion duly made and seconded, this Board voted FOUR (4) in favor (R. Leichter, W. Sherman, D. Waine and D. Leggett) and ONE (1) opposed (C. M. Beale) to grant Applicant relief by VARIANCE from the minimum lot size and frontage requirements of 139 -16?of toe By -Law to allow the lots substan- tially as shown as Assessor's Parcels 37 and 94'on Map 49 and known as 84 Baxter Road (containing approximately 9355 square feet) and 97 Sankaty Avenue (containing approximately 2.4 acres) to be treated and used as separate buildable and saleable lots, upon the following CONDITIONS: (1) no secondary dwelling or secondary dwelling unit on either of the lots (limiting the use to one dwelling per lot), (2) no construction or placement of any building on the 2.4 acre lot within fifty (50) feet of a wetlands, (3) any dwelling placed or constructed on the 2.4 acre lot must tie into public sewer system prior to its being used, (4) no further expansion of the structures on the 9355 square feet lot without further relief by the Board, and Page 3 (5) Applicant's substantial use of the relief granted hereby shall be deemed an abandonment of the Special Permit dated September 4, 1987, Case 091 -87, and such Permit shall, in that event, have no further force and effect, notwith- standing its prior use or recording. Dated: " VSt 36 , 1988 IN FAVOR: William Sherman 1� I / , David Legge Robert Lei ter -" .Zale acne OPPOSED: C. Marsh 1 Beale A,ee 705p- Page 4 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, AUGUST 5, 1988 at 3:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli- cation of ARTHUR C. FARLOW LIFE INSURANCE TRUST PER DECLARATION OF TRUST, NATIONAL BOULEVARD BANK OF CHICAGO, TRUSTEE (079 -88) seeking a VARIANCE from the 120,000 SF minimum lot size and 200 -foot frontage requirements of SECTION 139 -16A to vali- date two undersized adjoining lots in common ownership as separately buildable or two proposed new lots of more nearly equal area, a restriction to two dwellings or one dwelling unit per lot being acceptable. The premises are located at 84 BAXTER ROAD AND 97 SANKATY AVENUE, SIASCONSET, Assessor's Parcel 49 -37 and 94, Plan Book 6, Page 16, Portion of Block 7, zoned LIMITED USE GENERAL -3. See prior 91 -87 and 119 -87. c- 11114 William J� i William R. Sherman, Chairmarr BOARD OF APPEALS BOA Fo'rm , 1 -87 ARPEICATIOW- NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") National Boulevard Bank of Chicago, Trustee,of the Arthur C. Farlow Owner's name(s): L'feInsurance Trust Agreement, a Declaration of Trust dated June 15, Mailing address: 400 -410 North Michigan Avenue, Chicago, IL 60611 ...A�plicant's name : Same Mailing 'address : Same '•'Location of lot(s): Assessor's map and parcel:_ Mai) 49 Parcels 37 and 94 Street address 84 Baxter Road and 97 Sankaty Avenue, Nantucket, MA Registry 19kxMj PL BK & PG, REMM /Porti.on of B1t* i�,.�l. Bk. "DPe%d lr'ef . 135/18 Subdivision None Endorsed _ /_ /_ ANR? '.:'Date lot(s) acquired: 5 /8 / 70 Zoning district LUG III >''Number of dwelling units on lot(s): one Rental guest Looms None 1: Commercial use on lot(s): None' MCD? Building date(s): all pre -'72 zoning? Yes or Building permit application- Nos•. and .dates N/A C of 0? N/A Case No(s). or dates all prior BOA' - applications: 119 -87 and 91 -87 State fully all zoning relief sought together with all respective Code sections 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 byyAppeal per -31A & B: Applicant requests relief by VARIANCE pursuant to 139 -32A for•relief'from the frontage and minimum area requirements of the 139 -16 Intensity Regulation for the LUG III District. If relief is granted, the Applicant would be allowed to treat as separate lots the two (2) existing .dY .3.47•.:..,.. _ �. _ non - conforming lots currently in co`mmon`o ne iiip= ` or— iii'the- mite -rnative a-- .new-- E6nfi.gurat ion of the two lots, if the Board prefers.. The Applicant is willing to limit the number of dwellings on the two (2) parcels to a total of two (2) or one on each lot. The topography of the land makes for a natural separation between that portion of the property on Sankaty .- Avenue and that portion on Baxter Road. Enclosures forming part of this Application: Supplement bo above �l�f Site /blot plan(s) x with present /proposed structures .Locus map x Floor plans present /proposed Appeal:.record.' Needed:(ai�lSlan) frontage setbacks GCR% parking data Assessor's certified addressee list 4 .( sets): x . Ma.iY.ing labels) ets)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; he be my nowledgey ..under pains ' and 'penalties ~.of per j�ury-r Signature: Applicant Attorney /Agent x (If not ow er, sho asis for authority;to ^appjj )'.