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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 )'.