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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.