HomeMy WebLinkAbout008-89NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
February 21 , 1989
File No. 008 -89
To: Parties in interest and others
Re: Decision in the Application of
JOSEPH D. ABDALLAH
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.
William R. Sherman, Chairman
cc: Building Commissioner
Planning Board
Town Clerk
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MA 02554
At a public hearing on Friday, February 10, 1989, at
1:00 p.m. in the Town and County Building, Nantucket, on
the Application (008 -89) of JOSEPH D. ABDALLAH having an
address at 40 Hooper Farm Road, the Nantucket zoning Board
of Appeals made the following DECISION:
1. Applicant seeks a Variance from the 10,000 -SF minimum
lot size requirement of zoning Bylaw Section 139 -16A to
allow him to create two nearly equal lots by division of
his existing 18,209 -SF lot. If the Variance were granted,
9,104 -SF Lot 1 on Hooper Farm Road would only contain the
existing single- family dwelling and 9,105 -SF Lot 2 on Hull
Lane could be separately built upon with one single- family
dwelling. The premises are at 40 Hooper Farm Road,
Assessor's Parcel 67 -272, Plan Book, Page 45, zoned
Residential -10.
2. Our findings are based upon the Application papers
including a mortgage plot plan dated 11/28/88 and a sketch
plan of proposed subdivision dated 2/2/89, and
representations and testimony received at our hearing.
3. Applicant's lot is in the shape of a parallelogram with
dimensions of 100' by 2001, a through lot extending
between Hooper Farm Road to the northwest and Hull Lane to
the southeast. If it were a rectangle of those dimensions,
it could properly be divided into two square lots of
10,000 SF each. As a parallelogram, however, the lot area
is insufficient to make two conforming lots.
4. Applicant would accept our restricting the two proposed
undersized lots to one single - family dwelling each with no
second dwelling unit. His counsel urges our favorable
action on grounds that some 9 lots on the other side of
Hull Lane or Hooper Farm Road are similarly shy of the
required 10,000 _SF area. On the other hand, the through
lots abutting the premises are each larger than 20,000 SF
and the next through lot is 0.39 acres, hence similar to
Applicant's.
5. We are unable to make any of the findings required for
Variance relief. Numerous lots with parallelogram shape
are found on the locus map accompanying the Application.
Any hardship of Applicant is shared by all others who
cannot subdivide because their lot lacks 20,000 SF in this
zoning district. Section 139 -16A is clear and specific in
barring the creation of new undersized lots. Whatever the
merits of a general downzoning of the neighborhood, no
File No. 008 -89
basis can be found for our granting relief here to
Applicant.
6. Accordingly, by unanimous vote in the negative upon a
motion to grant relief, all requested relief is DENIED.
Dated February 21, 1989
C. Marsha 1 Beale
avid JY. Le t
�'4 , "q / / ey
- 2 -
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
January 26, 1989
NOTICE
A public hearing of the Board of Appeals will be held
on Friday, February 10, 1989, at 1:00 p.m. in the Town
and County Building, Nantucket, on the Application of:
JOSEPH D. ABDALLAH
Board of Appeals File No. 00$=89
seeking a Variance from the minimum lot size requirement
of Section 139 -16A to permit the subdivision of his 18,209
SF lot into two lots, each with about 895 SF less than the
required 10,000 SF minimum lot area. He would accept as a
condition to the variance t<. limit each resulting lot to
one single - family dwelling.
The premises are a trapezoL al through lot at 40 Hooper
Farm Road and Hull Lane, A=.;essor's Parcel 67 -272, zoned
Residential -10.
C"-
William R. Sherman, Chairman
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 01/2_0/8_9
D
TOWN AND COUNTY BUILDING ate
NANTUCKET, MA 02554
CASE No. -
APPLICATION FOR RELIEF
Owner' s name (s) :' Joseph D "bdal lab -
Mailing address: 40 Hooper Farm Road
Applicant's name: Same
Mailing address:
Same
Location of lot: Assessor's map and parcel number 67 - 272
Street address: 40 Hooper Farm Road
Registry Land Ct Plan, Plan Bk & Pg or Plan File none Lot
Date lot acquired: �2� 87 Deed Ref 286, 72 zoning district R -10
Uses on lot - commercial: None x or
- number of: dwellings 1 duplex
Building date(s): all pre -8/72?
MCD?
apartments rental rooms
or 1988 C of O ?yes
Building Permit appl'n. Nos. 5873 - 88 and 6189 --88 -
Case Nos. all BoA applications, lawsuits: None
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
139 -32A x if Variance, 139 -30A if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -3 A
& B , attach decision or order appealed. OK to attach addendum-.
SEE ATTACHED ADDENDUM
Items enclosed as part of this Application: orderl_ addendum2_x_
Locus map x Site plan showing present x +planned structure;
Floor plans present proposed elevations (HUC approved. _)
Listings lot area x frontage x setbacks x GCR parking data
Assessor- certified addressee list 4 sets mailing labels 2 sets___
200 fee payable to Town of Nantucketx proof 'cap' covenant record
(If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties o erjury
oe
SIGNATURE: pplicant Attorney /agent X
lissa D. Philbrick, Attorney for Joseph Abdallah
W
3(If not owner or owner's attorney, enclose proof of authority)
ADDENDUM TO APPLICATION OF JOSEPH D. ABDALLAH
40 Hooper Farm Road
Applicant seeks a variance pursuant to Section 139 -32A from
the minimum lot size requirement of Section 139 -16 to permit the
subdivision of his 100' x 200' property into two lots. The
angle of the property lines cause the resulting lots to each
have approximately 100 square feet less than the minimum
required lot size. The requested variance relief is appropriate
because the unusual lot shape uniquely affects this lot and the
deminimus nature of the nonconformity created does not derogate
from the intent or purpose of the by -law. To ensure that the
intensity of the use of the lot is not increased, applicant
proposes, as a condition of the variance, to limit each
resulting lot to one single family dwelling.