HomeMy WebLinkAbout087-88w
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET# KASSACHOSETTS 02554
October Z11 1988
File No. 081Ej -88
To: Parties in interest and others
Re: Decision in the Application of DIANA GRACE HELLER
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
r'
illiam R. Sherman, Chai an
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
At a public hearing on Friday, October 14, 1988, at
1:00 p.m. in the Town and County Building, Nantucket, on
the Application (086 -88) of DIANA GRACE HELLER having an
address at 20 Bartlett Road, Nantucket, MA 02554, the
Nantucket zoning Board of Appeals made the following
DECISION:
I. Applicant seeks relief by Variance from the 80,000 SF
minimum lot size and 150 -foot minimum frontage required by
zoning Bylaw Section 139 -16A to enable her to sell her
1 -acre Lot 3 out of contiguous ownership with her 1 -acre
Lot 4 without thereby creating a zoning violation as to
each of such lots. Each lot has less than 150 -foot
frontage.
2. The premises are at 15 and 17 Folger Avenue off South
Shore Road, Assessor's Parcels 80 -154 and 80 -151,
respectively, Lots 4 and 3 shown at Page 50 of Plan Book
17, and zoned Limited Use General -2.
3. Our findings are based upon the Application papers,
including photocopy of the pertinent portion of Assessor's
Map 80, and testimony and representations received at our
hearing. To provide adequate time for this Board to
consider the matter, we entered with Applicant's counsel
an agreement extending the time for us to make a decision
until November 15, 1988.
4. We find that Applicant and her predecessors held
abutting Lots 3 and 4 in common ownership beyond the
period of zoning 'freeze' protection afforded subdivisions
by the Zoning Act, Chapter 40A, Section 6 (fifth
paragragh) and the corresponding Section 139 -33G of our
zoning Bylaw. More specifically, Lots 3 and 4 were created
by subdivision plan endorsed 3/12/70 by the Planning Board
(their File No. 703, not submitted into our record). These
and other lots in the subdivision were of 1 -acre size and
pre -dated zoning. From 1972 when zoning was enacted until
1974, they conformed with the 1 -acre required for the
then - Residential District. In 1974, before the 3/77 end of
the 7 -year zoning 'freeze' period, the locus was re -zoned
to LUG -2 with the area and frontage requirements noted
above.
5. Nonetheless, Applicant's predecessor Harvey A. Charles
acquired Lot 4 about September, 1977, with title in his
same sole ownership as his previously acquired Lot 4.
Pursuant to Building Permit 443 -74, he built a 850 -SF
one -story house on Lot 4. Lot 3 has remained unimproved.
File No. 087 -88
The Lots were sold together about 6/1/87 to one Ruth
Olmer, then about 12/30/87 to Applicant. Applicant, who
only in the last year became a real estate agent, now
wants to sell Lot 3 and retain Lot 4 for her home, citing
financial necessity as the reason for doing so. Belated
issuance of the Certificate of Occupancy for that house is
expected soon, we are told.
6. Applicant proposes that variance relief be granted
conditioned on restricting each of Lots 3 and 4 to one
dwelling each. Arguing that she is currently allowed to
construct a secondary dwelling on the lots, merged for
zoning purposes, the conditional relief asked is urged as
not allowing increased intensity of use, i.e., a total of
2 houses on the 2 lots in either case. Applicant also
proposes to covenant that the sole house to be built on
Lot 3 would conform to the appropriate requirements as to
secondary dwellings, including 12' front -to -rear setback
and the 20% difference in ground cover (see Section
139- 7A(2)). Further proposed is a covenant of year -round
occupancy, patterned on Section 139 -27F, applicable at
least to Lot 3. Counsel notes that the lots qualify for
separate septic systems under current Board of Health
regulations, as each lot exceeds 40,000 SF.
7. Counsel for Applicant, to show the requisite uniqueness
for variance relief, represents that only some 7 paired
lots, in contiguous ownership after lapse of the 'freeze'
period following their pre -1980 subdivision, can be
identified in Nantucket records as impacted in a similar
way by upzoning. The assumption of this argument is that
owners of lots subdivided after 1980 will, with better
counseling by the Bar, not hold substandard lots in
contiguous ownership beyond the 'freeze' period. Any
precedent created by relief here, counsel argues, would
then benefit at most 10 lot owners.
8. Neighbors, including one who created the subdivision
here, spoke in favor of Applicant, noting that lots near
her were developed with one modest house per one -acre lot.
Relief here, they said, was not contradictory to the
position taken by the neighborhood opposing a Ch. 774
development proposed near the locus. Only the Planning
Board was heard in opposition to relief.
9. Case law and policy considerations are clear, however,
that variance relief is not merited simply to validate
separate ownership of substandard lots held in contiguous
ownership beyond the end of the very generous 'freeze'
period mandated by the Zoning Act. Nothing is unique about
Applicant's 2 -lot parcel as to shape, topography or soil
condition. Where this Board has, in recent times,
validated by variance a substandard lot sold out of
contiguous ownership, it was because of wetland conditions
- 2 -
File No. 087 -88
between 2 lots, or to rectify an apparent inequity
resulting with official action in blocked frontage prior
to relief, or where the lots were created ANR based on
respective buildings pre - dating the Subdivision Control
Law here and separate ownership arose before the Bar was
mindful of the resulting zoning violation. Here, the split
vote is ascribed to differing appreciation of the
conditions proposed by Applicant versus the clear force of
case law and precedent against relief.
10. Accordingly, upon motion to grant the requested
variance relief with above -noted conditions as to one
dwelling per lot, the dwelling on Lot 3 being sited, etc.
as a secondary dwelling would be, and covenant as to
year -round occupancy, the vote was 3 (Dooley, O'Mara and
Sherman) in favor and 2 (Beale and Leichter) opposed.
Relief is therefore DENIED.
- 3 -
BOARD OF APPEALS OF NANTUCKET
TOWN OF NANTUCKET
NANTUCKET, MA 02554
File No. 087 -88
Map 0080 Parcel 151 & 15
IN RE: THE APPLICATION OF Diana Grace Heller
Upon the request of the Applicant(s) made in writing, hereby to continue
the hearing on the above captioned matter, the Board hereby grants that request
for a continuance until October 14, 1988
In consideration of the Board's granting such continuance at the Applicant's
request, Applicant hereby agrees and does grant to the Board an extension of
time in which the Board must make a decision on this matter from 75 days
after the date of filing of the Application herein as is required under Section f-
139- 3C and Chapter 40A of the Massachusetts General Laws, until 96 •--O6 / v•7 )
days after the date of filing of the aPRILication, and further, Applicant waives /0
all of its rights under Section 139 -315 W the Nantucket Zoning By -Law and m /�
Chapter 40A of the Massachsuetts General Laws to a decisig,within 75 days I�'r
of filing of the application under said Section 139 -3&& Mnd Massachusetts
General Laws Chapter 40A or any otAer provision of the By -Law to the extent
that it is inconsistent with this agreement and extension.
LICANT B E R DAVID J. MORETTI
NANTUCKET BOARD OF APPEAL
BY: Gz
9- P 3- t8
DATE
Zy, /��
DATE
. f /,ga�
DATE
DATE
I /-,-I I k C—
DATE
y
DATE
W
bOy 'FGrrr 1 -87 Nov
NANTUCKET ZONING BOARD OF APPEALS ( "BOA ")
own'er's . name(s): Diana Grace-Heller
Mailing address: 20 Bartlett Road, Nantucket, MA 02554
4plicant's name Same as above
•Mailing'address:
Location of lot(s): Assessor's map and parcel: Map-0080 Parcels 151 & 154
Street address 15 & 17 Folger Avenue
Registry MxxRkojxPL BK & PG MXW 17/50 Lo.t s , 3 & 4 Deed ref. 290/117
..Subdivision File No. 703 Endorsed 3 / 12/70 ANR? No
.Date Lot(s) acquired: 1?/30/ 87 Zoning district LUG 2
Number of dwelling units on lot(s): 1(Lot 4) Rental guest Looms N/A
Commercial use on lot(s): None MCD? N/A
Building date(s): all pre -'72 zoning?. 1974 or
Building permit application- Nos. and .dates 443 -74 C of 0?
Case No(s). or dates all,prior BOA I- applications: None
State fully all zoning relief sought together with all respective Code sections
Jand subsections, specifically, what you propose compared with present and
fi.�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
'ruse, or to reverse Building Inspectorbyy'Appeah` per -;31A & B:
applicant seeks relief by VARIANCE froin' the minimum lot size and 'frontage requirements
'of 139 -16 of the By -law. If gr anted, ' Lots 3. and .4 will be' Itreated as separate buildable lots
or zoning purposes notw thstaaaing, their being held in common ownership. Applicant is willin
to covenant to"re`st c '
`£''�' each "bTa510'``" one- ciWd'fraeshd`faafai'm..o:.the
provisions of 139 -7A (2) (a); "(b), (c), (d), (e) and (g) but not (f) for any new dwelling
-" on Lot 3. The relief proposed will not alter the intensity of use of the ptoperties.
Enclosures.forming part of this Application: Supplement bo above
' Site /blot plan(s) ,fix with present /proposed structures
Locus map x Floor plans present /proposed Appeal;.record'
"Needed: areas frontage setbacks GCR% parking data
'_�• Assessor's certified addressee list 4'
( sets ). �.x Ma.if.ing' •la'beis? :k2.Aset_s
_..),.. 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 tha best-of . m now dgey_ under pains'and 'penalties,.of perjurg-j
Signature: z�c`., Applicant Attorney /Agent x
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
NOTICE
A public hearing of the BOARD OF APPEALS will be
held on Friday, August 26, 1988 at 1:30 p.m. in the Town
and County Building, Nantucket, on the Application (091 --
-88) of DIANA GRACE HELLER seeking a Variance from the
80,000 SF lot size and 150 -foot frontage requirements of
Section 139 -16A so that adjoining one -acre Lots 3 and 4
can be transferred out of common ownership and be
separately buildable. Applicant would by covenant restrict
each lot to one single - family dwelling with the new Lot 3
dwelling conforming to Section 139 -7A(2) provisions for a
secondary dwelling (except common ownership). The premises
are at 15 and 17 Folger Avenue off South Shore Ro,id,
Assessor's Parcel 80 -151 and 154, Plan Book 17, Page 50,
Lots 3 and 4, zoned Limited Use General -3.
William R. Sherman, Chairman
BOA Form 1 -87 No;0 r,� E2 -�
. ABPEiC?�TTON'.';
NANTUCKET ZONING BOARD OF APPEALS ( "BOA ")
Owner s name(s): Dfana Grace-Heller
Mailing address: 20 Bartlett Road, Nantucket, MA 02554
':•.,Af plicant's name : Same as above
••Mailing'address:
"Location of lot(s): Assessor's map and parcel: Map' 0080 Parcels 151 & 154
-Street address 15 & 17 Folger Avenue
Reg:0try J9xyYflUjxPL BK & PG, AMPUM 17/50 Lot s 3 & 4 Deed tef . 290/117
Subdivision File No. 703 Endorsed 3 / 12/70 ANR? No
`Date Lot(s) acquired: 12/ 30/ 87 Zoning district LUG 2
Number of dwelling units on lot(s): ' 1(Lot 4) Rental guest Looms . N/A
;Commercial use on lot(s): None MCD? N/A
Building date(s): all pre -'72 zoning? 1974 or
Building permit application- Nos. and .dates 443 -74 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
,,land subsections, specifically, what you propose compared with present and
, 4. t .. .
�-'"` hat 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 InspectorbyyAppeal'per =31A & B:
applicant seeks relief by VARTCE from:'the'm1h mum lot size and "frontage requirements
139 -16 of the By -law. Tf` granted, -Lots3 and 4 will be"treated as separate buildable lots
r ,or zoning purposes,notw thstanding, their being held in common ownership. Applicant is willing
t'o covenant to Yes ric° 'each To s'°0� C8 ene -ciWet r e Eli --and 4,6UG - farm.. -to ..the
provisions of 139 -7A (2) (aj (b) , (c) , (d) , �'`e) and (g) but not (f) for any new dwelling
,..,on Lot 3. The relief proposed will not alter the intensity of use of the properties.
Enclosures forming part' of this Application: Supplement bo above
Site /blot plan(s) x with present /proposed structures
'Locus map X Floor plans present /proposed Appeal;.record.'
r� Needed: areas frontage setbacks GCR% parking data
r4 sAssessor's certified addre'ss.ee list Mailing ,•1abels)•:.(g.',;sets),;,'x
Fee check for $150.00'p ayable to Town of Nantucket x VCap" covenant~
I certify that the requested information submitted is substantially-complete
and true•' to t best`of now dge. ..upder pains' and ' enalties �.of
p perurg'j
Signature: Applicant Attorney /agent x
(If not ovine , show b s for`authorit tb.a
Y PPS�:�)