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HomeMy WebLinkAbout013-89a /=--:� -sl-'71? A Form 3 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 May 9, 1989 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. 013 -89 Of: KEVIN V. and KATHRYN D. LOUGHLIN 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. C . I-S�- C. Ma shall Bea e, cting Chairman cc: Town Clerk Planning Board Building Commissioner r' NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MA 02554 At a public hearing on Friday, April 28, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application (013 -89) of KEVIN V. and KATHRYN D. LOUGHLIN having an address at 237 Glezen Lane, Wayland, MA 01778, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicants seek a Variance from the ground cover limitations of zoning Bylaw Code Section 139 -16A to construct a two- story, single- family dwelling, without basement, having a ground cover of approximately 2,114 square feet for a ground coverage ratio of 1.35% of their 156,816 -SF lot. 2. The premises are located at 75 West Miacomet Road, Assessor's Parcel 81- 072.2, Land Court Plan 17368, Lot 32, zoned in the Moorlands Management District. 3. Our findings are based upon the application papers and record of this and Applicants' previously filed "same case" 064 -88 (withdrawn 10/14/88) and their companion proceedings before the Planning Board culminating in its decision of March 27, 1989 on their application SP 9 -88 (see also 6 -88 and 9 -86), with our viewings of the premises. Submissions for Applicants included, notably, - plans of the proposed house (roof plan, first floor plan rev. 12/25/88, second floor plan, north entry elevation rev. 12/26 and east elevation 12/26/88) - site plan received 3/31/89 showing proposed siting of the house in an area marked in yellow at the south end of the lot and topographical contour lines at 5 -foot intervals - memoranda of March 27 and April 18, 1989 and from others: - Miacomet Conservation Commission letter of March 20, 1989 - E. M. Netter letter of March 29, 1989 enclosing copies of numerous submissions in the Planning Board proceedings including 6 -88 - U. of Mass. Nantucket Field Station letter of April 27, 1989 with research report a` Fill No. 013 -89 - photoprint of the site (fall 1988) - NP &EDC letter of July 8, 1988. 4. We find that Applicants' Lot 32 was created by division of a prior 6.98 -acre Lot 20 endorsed January 14, 1980 by the Planning Board "approval not required" ('ANR'). That Lot 20, in turn, was created by ANR endorsement September 17, 1973, dividing it from another elongated lot, 10.79 -acre Lot 18, to the south. These lots are bounded on the east by the Town -owned West Miacomet Road that runs along the western shore of Miacomet Pond almost to the Atlantic Ocean. They are contoured as a shoulder to the westerly heathland, an almost treeless, level expanse of open land. Vegetation, animal species and other characteristics of this "rare and endangered landform" with "an extremely fragile and unique environment" are found to be as characterized in the Planning Board's decision in its case 9 -88. 5. Applicants' proposed house is represented by them as having a ground cover of 2,114 square feet, after excluding some 1,769 square feet of decks, platforms, steps and unenclosed porches which Code Section 139 -2A now excludes from the definition of "Ground Coverage Ratio ". ( "Ground cover" is not defined.) In any event, proposed actual cover by the house with these attached structures is said to be 3,883 square feet. The house has an easterly section with partial second floor accommodating a cathedral ceiling for living space on the first floor. In a westerly section, the house has a full second story. A playroom provides a bridge at second -floor level (to be counted in ground coverage ratio) between the easterly and westerly sections. (Before the 1988 Annual Town Meeting, open decks were excluded from GCR but not unenclosed porches.) 6. The siting of the house last proposed by Applicants is that shown on the site plan received at our hearing of March 31, 1989. Whereas the siting shown in the site plan attached to the Planning Board's 9 -88 decision, like that accompanying the Application papers here is to the north above the 15 -foot contour line, the siting now proposed is to the west above that contour and relocated more than 100 feet to the south of the former site. Between these two sites is a 'swale' gently sloping toward the Pond. 7. The Planning Board, in its 9 -88 decision, granted Applicants a Special Permit to construct a house on Lot 32 upon various conditions, the one especially pertinent in these proceedings being: " - -- approval of this special permit application is - 2 - • File,, No. 013 -89 conditional on the granting of a variance by the Board of Appeals for a total ground coverage not to exceed 1500 square feet, not including covered (sic) porches and decks." (Para. 7) Since the date of that Special Permit, Code Section 139 -15 Moorlands Management District was amended at the 1989 Annual Town Meeting so that the Planning Board may, by Special Permit, allow dwelling ground coverages exceeding 800 square feet. Applicants are understood to have filed a court appeal challenging the Planning Board's conditional Special Permit, rather than pursuing this further administrative remedy. S. Applicants have made clear to this Board that they desire no relief short of that requested. Whether or not that relief may now be available by Special Permit from the Planning Board, we are obligated to apply the stricter standards for variance relief. These are set out in Code Section 139 -32A in conformity with the State Zoning Act, M.G.L. c. 40A, Section 10, and require our specific finding that: " - -- owing to circumstances relating to the soil conditions, shape or topography of such land - -- and especially affecting such land - -- but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this [zoning] chapter [139] would involve substantial hardship, financial or otherwise, to the [Applicants], and the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such [zoning] bylaw." (emphasis added.) 9. We are unable to make such findings. The requested relief must, therefore, be denied. Our reasons follow. 10. Counsel for Applicants argued extensively that environmental circumstances affecting the coastal heathlands of the Moorlands Management District were the source of hardship supporting variance relief for the 2,114 -SF ground cover exceeding that allowed. While these circumstances - endangered species, fragile ecology, etc. - do affect Applicants' Lot 32, they generally affect the MMD zoning district. Any hardship here does not allow the required finding. If there were a relevant hardship in limited outdoor activity space, it would be reduced - not increased - by limiting house ground coverage. 11. Counsel spoke of the ' swale' near the proposed house site as a topographical feature supporting variance relief. Without substantiating evidence, he asserts that the swale serves to drain run -off from "many acres" of uplands to the west and argued from this that restriction to the allowable footprint created Applicants' hardship. - 3 - File'No. 013 -89 When questioned as to the need for the larger 2,114 -SF ground cover " -- -owing to circumstances --- 11 relating to the swale, counsel gave no responsive answer. Understandably since the smaller the footprint, the less hardship might arise from the swale. Run -off water could more readily be diverted around a small footprint. A smaller house could more readily be sited completely out of the swale. The cost to build it would be less. 12. One can imagine soil conditions [not present here] so limited as to load carrying capability that a greater ground cover would be needed to spread the weight of a building. But we see no hardship here justifying a greater ground cover than permitted due to any of the circumstances specified for variance relief. The July 8, 1988 memorandum from the Nantucket Planning & Economic Development Commission makes clear that Applicants' proposed 2,114 -SF ground cover would be anomolously oversized in this zoning district and in relation to the nearest house (ground cover 980 SF) having comparable topography and soil conditions. 13. Consistency with our recent denial of a variance for increased ground cover in the recent Teasdale case 018 -89 (on appeal to the Superior Court C.A. No. 89 -22) requires a variance denial here. 14. In counsel's March 27, 1989 memorandum, entitlement to the larger ground cover is argued on the basis that M.G.L. c. 40A, Section 3, bars regulating or restricting the interior area of a single - family residence. Our zoning Bylaw clearly does not restrict in any way what Applicants do with their interior area. They have elected a design which has much less than the interior floor space which can be obtained for the given ground cover. On the other hand, the Bylaw in no way entitles them to any minimum interior floor space. variance relief can not be footed on such a basis. 15. Counsel's memorandum of April 18, 1989 in effect argues that no variance is needed because of M.G.L. c. 40A, Section 6 (our 139 -33E) which protects certain lot owners from " - -- any increase in area, frontage, width, yard or depth requirement - - -". Reduction in allowable ground cover is neither mentioned nor could it rightly be inferred because it is a decrease, not a proscribed increase. Applicants are not entitled to a zoning freeze because their Lot 32 results from successive ANR divisions and not from a subdivision of land. Grandfathered rights are not to be interpreted expansively. Whether they are entitled to the LUG -3 front and side yard setbacks, rather than MMD, is not before us. 16. Counsel's most recent memorandum no longer argues a - 4 - File No. 013 -89 constitutional right to a variance, and rightly so. Applicants have made clear that they want to enjoy the unique beauty and qualities of the Moorlands Management District. They represent that they have spent more in administrative proceedings here than the price they paid for Lots 32 and 33 together. This and their purchase of Lot 32 and not obtaining a timely building permit under the zoning prior to MMD are hardships of their own making. See zoning Code Section 139 -33A. 17. Counsel states that they do not want to "put at risk the town's zoning scheme for other lots in the Moorlands Management District ". But this requires accepting the burdens with the benefits. For us to give relief beyond what the zoning laws allow us would indeed put that zoning protection at risk, nullifying and derogating from its intent and purpose. 18. While Applicants seek relief only for the full 2,114 -SF ground cover, the following votes on other questions were taken: - to allow up to 2000 -SF ground cover and 3000 -SF of living space. Denied by negative vote of members Balas, Beale and Leggett. - to allow up to 1500 -SF ground cover subject to the conditions set forth in the referenced Planning Board decision in their No. 9 -88. Denied by negative vote of members Balas and Beale. 19. Upon motion to grant the requested variance relief from Section 139 -16A to allow a 2,114 - sguare foot ground cover, the vote was unanimously in the negative. Variance relief is, accordingly, DENIED. Dated May 9 , 1989 C. Ma shall Beale , avi i g t Ann G. Balas Michabal J. O'Mara Dale W. Warne - 5 - Variances Requested EXHIBIT A Kevin V. Loughlin, M.D. and Kathryn D. Loughlin of 237 Glezen Lane, Wayland, Massachusetts (the "Applicants ") are the owners of two lots located on opposite sides of West Miacomet Road in the Moorlands Management District (the "MMD"). The Applicants wish to build a single family dwelling on the larger lot (Lot 32 as shown on Land Court Plan No. 17368 -L), which comprises approximately 3.6 acres (156,816 square feet) and lies on the northwest side of West Miacomet Road (the "Property "). Without waiving any rights under any applicable laws, including, without limitation, M.G.L. c. 40A, § §3 and 6 and the Massachusetts and United States Constitutions, the Applicants seek a variance from the Ground Coverage Ratio provisions of §139 -16 of the Nantucket Zoning Code (the "Zoning Code "), limiting the permissible ground covTrage of the Applicants' residence to 1,500 square feet. Description of the Proposed Dwelling The Applicants have worked diligently for over a year with the guidance of architects, engineers and environmental consultants to design a home that best addresses the scenic and environmental concerns expressed in the Zoning Code for the heaths and moorlands on Nantucket Island. The proposed result of their cooperative efforts is a shingle style wood frame house designed to blend with the natural environment. The roof of the house will consist of cedar shingles; the sides of the house will consist of the type of shingles normally used in Nantucket. Various sections of the proposed house are angled downward, so as to reduce the visual impact of the house and bring it closer to the ground. The proposed house will have a ground cover, as defined in §139 -2 of the Zoning Code, of approximately 2,114 square feet, and an elevation of twenty five feet. The house will be sited on the lot so as to impact the area's natural ecology as little as possible. The Applicants have designed a driveway from West Miacomet Road to their home that will follow the natural contours of the land in order to preserve the existing land elevations and vegetation. The driveway, ten feet wide and 275 feet long, will be a shelled driveway on hardening. The Applicants will not plant any new shrubs or disturb the existing vegetation, except as necessary to build their home. Map # Attachment A Study of Lots in Vicinity of Loughlin property: Lot # Owner Area Footprint % Gr. Cov. (in Acres) of Structure 86 13.1 Barada 2.9 86 13.2 O'Connor 2.9 86 1 Marshall 14.6 86 6 Peacock 1.16 86 9 NLB 1.46 82 12 Glass 6.2 81 81 81 81 81 1,212 .009 1,909 .015 1,028 .001 1,218 .024 shed valued .018 at $500 ? ?? 987 .016 LUG 2 Properties Within Immediate Area (Across Pond): 18 Bailey 1.8 1,240 .015 17 Conway 1.9 1,528 .018 19 Gitlow 1.8 2,448 .03+ 14 Thebauld 1.8 1,008 .012 15 Ziebarth 1.7 1,266 .017 BOA Fo :,m 1 -87 No. - APPEICATION" NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): Kevin V. Loughlin, M.D. and Kathryn D. Loughlin Mailing address: 237 Glezen Lane, Wayland, Massachusetts 01778 Applicant's name : Same as above Mailing address: Same as above Location of lot(s): Assessor's map and parc.e.l:.Map No, 81r Parcels 72.2 and 73.2 Street address Lot 32 and 33 West Miacomet Road Registry LC PL, PL BK & PG, PL FLLand Ct.Pl. of 32- and 33 Deed ref. r 8 Subdivision Endorsed _ /_ /_ ANR? 3/10/80 Date lot(s) acquired: 1/3 /84 Zoning district Moorlands Pdanagement Distr: ,Number of dwelling units on lot(s): none Rental guest roomgnot applicabl( Commercial use on lot(s): not applicable MCD ?not applicablE Building date(s): all pre -'72 zoning ?not applicableor Bui:'.ding permit application- Nos. and dates not apalicabl_e C of applicable Case No(s). or dates all prior BOA applications: Prior amlication withdrawn 10/14/8f State 'ully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what: grounds you urge, for BOA to make each finding per Section 139 -32A if Var4.ance, -3OA if Special Permit, -33A if to alter or extend non - conforming use, or to reverse Building Inspector by Appeal per -31A & B: See Exhibit A attached hereto. Enclosures forming part of this Application: Supplement to above Site /plot plan(s) X with 4XK9V§fflQ(proposed structures X Locus map X Floor plans present /proposed Appeal record Needed: areas l0acresfrontage 300 setbacks 50 GCRy 0.5% parking data Assessor's certified addressee list (4 sets): ,' Mailing Labels, (2 Sets)>C Fee check for $150.00 payable to Town of Nantucket �_ "Cap" covenant I cert -fy that the requested information submitted is substantially complete and true- t:OZ best of my owledge, under pains and penalties of perjury. Signati r.e: Applicant Attorney / X (If not owner, show basis for authority =t6,7app�j�-:). Donald L. Connors, Esq. Choate, Hall & Stewart ExchangeMPlace, 53L State Street ^ FOP, OFFICE ►; S ' J ..+v.► ♦ Vlut 1 -0 j 14A1i1UC1\Ek ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKETO HA 02554 CASE No. - APPLICATION FOR RELIEF Owner's name(s): Kevin V. Loughlin, M.D. and Kathryn D. Loughlin Mailing address: 237 Glezen Lane, Wayland, Massachusetts 01778 Applicant's name: same as above Mailing address: same as above Location of lot: Assessor's map and parcel number 81 - 72.2 Street address: Lot 32, West Miacomet Road Registry Land Ct Plan, Plan Bk & Pg or Plan File Land Ct. P1L0173Sq -1 Date lot acquired:01j �84 Deed Ref L53 ?91- Zoning district Management Uses on lot - commercial: None X or MCD? N/A - number of: dwellings 0 duplex 0 apartments 0 rental rooms 0 Building date(s): all pre - 8/72 ?N /A or N/A C of 0? N/A Building Permit appl'n. Nos. N/A Case Nos. all BoA applicatiohs, lawsuits: 064 -88 (same case) 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 if Variance, 139 -30A x if a Special Permit (and 139 -33A if to alter or extend a nonconf _ , attach decision or order orming use). If appeal per 139 -31A & B ers appealed. OK to attach addendum . See Exhibit A, attached hereto. Items enclosed as part of this Application: orderl addendum2 Locus map x Site plan X showing present +pla-n-n-e-d X structures Floor plans present proposed elevates (HDC approved ?_) Listings lot area * frontage 307 setbacks50 GCR�* parking data Assessor- certifie3 addressee moist 4 sets -T—ma ling labels 2 setsx 200 fee payable to Town of Nantucket x proof 'cap' covenant (If an appeal, ask Town Clerk to senT Bldg Comr record to BoA.) *10 acres * *1500 sf I certify that the re sted information submitted is substantially complete and true to he best of my knowledge, under the pains and penalties of pRrbury;. � 1 SIGNATURE: Applicant Attorney /agant 3(If not owner or owners tto ney, enclose proof of authority) Y EXHIBIT A Kevin V. Loughlin, M.D. and Kathryn D. Loughlin of 237 Glezen Lane, Wayland, Massachusetts (the "Applicants ") are the owners of two lots located on opposite sides of West Miacomet Road in the Moorlands Management District (the "MMD "). The Applicants wish to build a single family dwelling on the larger lot (Lot 32 as shown on Land Court Plan No. 17368 -L), which comprises approximately 3.6 acres (156,816 square feet) and lies on the northwest side of West Miacomet Road (the "Property "). Without waiving any rights under any applicable laws, including, without limitation, M.G.L. c. 40A, § §3 and 6 and the Massachusetts and United States Constitutions, the Applicants seek a variance from the Ground Coverage Ratio provisions of §139 -16 of the Nantucket Zoning Code (the "Zoning Code "), limiting the permissible ground cov�rage of the Applicants' residence to 1,500 square feet. Description of the Proposed Dwelling The Applicants have worked diligently for over a year with the guidance of architects, engineers and environmental consultants to design a home that best addresses the scenic and environmental concerns expressed in the Zoning Code for the heaths and moorlands on Nantucket Island. The proposed result of their cooperative efforts is a shingle style wood frame house designed to blend with the natural environment. The roof of the house will consist of cedar shingles; the sides of the house will consist of the type of shingles normally used in Nantucket. Various sections of the proposed house are angled downward, so as to reduce the visual impact of the house and bring it closer to the ground. The proposed house will have a ground cover, as defined in §139 -2 of the Zoning Code, of approximately 2,114 square feet, and an elevation of twenty five feet. The house will be sited on the lot so as to impact the area's natural ecology as little as possible. The Applicants have designed a driveway from West Miacomet Road to their home that will follow the natural contours of the land in order to preserve the existing land elevations and vegetation. The driveway, ten feet wide and 275 feet long, will be a shelled driveway on hardening. The Applicants will not plant any new shrubs or disturb the existing vegetation, except as necessary to build their home. 1Section 139- 15(C)(1) of the Nantucket Zoning Code requires an owner of a lot in the MMD to obtain a special permit from the Nantucket Planning Board before building a single family dwelling. The applicants have applied for such a special permit. ;f Variances Requested When the Applicants purchased the Property on Jnauary 3,1984, it lay in a Limited Use General 2 ( "LUG 2 ") Zoning District. The Minimum Lot Size in a LUG 2 district at that time was 80,000 square feet, and the Ground Coverage Ratio was, and remains, four (4) percent. Four percent of the Property is almost 6,300 square feet (0.04 x 156,816 square feet). Thus, at the time of purchase in January, 1984, these Applicants could have built a house with up to 6,300 square feet of ground coverage. Shortly after the Applicants purchased the Property, it was rezoned as part of the new Moorlands Management District ( §139 -15 of the Zoning Code). At the same time, Nantucket drastically restricted the dimensional requirements provided in §139 -16 for a single family dwelling in the MMD. The new intensity regulations of §139 -16 limit the Ground Coverage Ratio in the MMD to the greater of 1,500 square feet or one -half (1/2) of one percent of the area of the lot and set the Minimum Lot Size at 10 acres. The Applicants request a variance from the Ground Coverage Ratio provisions of §139 -16 to allow them to build a home with a ground coverage of 2,114 square feet, a ground cover smaller than that presently allowed as of right on a 10 acre parcel and one -third of that allowed at the time of purchase. The requested variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Moorlands Management District. The Applicants and their consultants have invested a great deal of time and effort in preserving and protecting the areas surrounding their proposed home, and have created a site layout and house design that more than adequately address the scenic, environmental and ecological concerns for the MMD. They have completely redesigned the size and configuration of the house so that it has only a minor visual impact. In addition, they have reoriented the position of the house so that it appears smaller when viewed from the areas from which it will most likely be seen (West Miacomet Road, the public lands behind the site and the land on the opposite side of the pond). The Applicants have also changed the siting of the house several times; the proposed home will sit in a lower -lying swale, away from the Short -eared Owls' nesting area on the adjacent lot and away from the plants that the Conservation Commission has indicated are endangered. The review of this particular proposal, including compromises heretofore made by the Applicants, has far exceeded in scope and depth the normal approval process in Nantucket, and has resulted, after enormous effort by all parties involved, in a proposal that responds to the island's concerns with greater sensitivity than many projects that are allowed as of right or with minimal review. The requested variance therefore may be granted while maintaining the public good and fully adhering to the purposes of the MMD. Absolute compliance with the restrictive new intensity regulations would cause a substantial hardship to the Applicants without providing a countervailing public benefit. The Ground Coverage Ratio provision affects the Property differently and more severely than it affects virtually every other lot in the MMD. The lots in the MMD today, with few exceptions, are either legally buildable, grandfathered or already developed. Some of those exceptions are unbuildable regardless of the MMD, either because they did not comply with the zoning requirements that preceded the MMD or because they are located in restricted wetlands areas. Only two or three lots in the entire MMD are, like the Property, unbuildable beyond 1,500 square feet solely because of the Ground Coverage Ratio requirement. Thus, the undeveloped and ungrandfathered nature of the Property is a circumstance especially affecting that lot but not affecting generally other lots in the MMD. Nantucket should not impose the burden on the Applicants alone, particularly when the Applicants have designed a house that addresses the concerns for which the MMD was created. A literal enforcement of the MMD amendments to the Zoning Code would, in their severe form, if applied without variances to the Property, involve substantial hardship, financial and otherwise, to the Applicants. As noted, the Applicants have already invested an enormous amount of time, effort and money (in excess of $125,000) in order to insure that their home affects the heaths and moorlands as insignificantly as possible and does not detract from the scenic integrity of the surrounding environment. While acknowledging that judgments with respect to the physical attractiveness of the home, its compatibility with its surroundings and its responsiveness to the environmental concerns of the MMD are to some extent subjective, the Applicants and their consultants firmly believe that they have created the best conceivable structure for the site. The Applicants believe that the requested variance to allow the proposed 2,114 square foot home on the 3.6 acre property, a home with a ground cover smaller than that allowed as of right for a 10 acre lot in the MMD and only one -third as large as that allowed as of right when the Applicants purchased the Property, is the minimum variance necessary to enable the Applicants to use their property reasonably in the way they wish. 1 Map # Attachment A Study of Lots in Vicinity of Loughlin property: Lot # Owner Area Footprint % Gr. Cov. (in Acres) of Structure 86 13.1 Barada 2.9 86 13.2 O'Connor 2.9 86 1 Marshall 14.6 86 6 Peacock 1.16 86 9 NLB 1.46 82 81 81 81 81 81 12 Glass 6.2 1,212 .009 1,909 .015 1,028 .001 1,218 .024 shed valued .018 at $500 ? ?? 987 .016 LUG 2 Properties Within Immediate Area (Across Pond): 18 Bailey 1.8 1,240 .015 17 Conway 1.9 1,528 .018 19 Gitlow 1.8 2,448 .03+ 14 Thebauld 1.8 1,008 .012 15 Ziebarth 1.7 1,266 .017 r i 1 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 NOTICE March 17, 1989 A public hearing of the Board of Appeals will be held on Friday, March 31, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application of: KEVIN V. and KATHRYN D. LOUGHLIN Board of Appeals File No. 013 -89 seeking a Variance from the Section 139 -16A limitation of ground coverage ratio to 0.5% of their 3.6 -acre lot area (784 SF of coverage, or 1500 SF per Applicant) to allow their construction of a single - family dwelling with 1.35% GCR (2,114 SF of coverage). The premises are at 75 West Miacomet Road, Assessor's Parcel 81- 072.2, Land Court Plan 17368, Lot 32, zoned in the Moorlands Management District. See their prior variance application 064 -88 and concurrent Planning Board proceedings. William R. Sherman, Chairman ��► I uiva 1 -0y NlUi1'UCKEV ZUNING 130ARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, HA 02554 CASE No. APPLICATION FOR RELIEF Owner's name(s): Kevin V. Loughlin, M.D. and Kathryn D. Loughlin Mailing address: 237 Glezen Lane, Wayland, Massachusetts 01778 Applicant's name: same as above Mailing address: same as above Location of lot: Assessor's map and parcel number 81 _ 72.2 Street address: Lot 32, West Miacomet Road Registry Land Ct Plan, Plan Bk & Pg or CC Plan File Land Ct. P1LoJ73S9 -L Date lot acquired: 01 03 84 Deed RefLZ36�c4' Moorlands —/—i_ — Zoning district Managemen Uses on lot - commercial: None X or MCD? N/A - number of: dwellings 0 duplex 0 apartments 0 rental rooms 0 Building date(s): all pre-8/72? N/A or N/A C of 07 N/A Building Permit appl'n. Nos. N/A Case Nos. all BoA applicatiohs, lawsuits: 064 -88 (same case) State fully all zoninV 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 _ if Variance, 139 -30A x if a Special Permit (and 139 -33A _ if to alter or extend a nonconfforming use). If appeal per 139 -3 A & B _ , attach decision or orderl appealed. OK to attach addendum . See Exhibit A, attached hereto. Items enclosed as part of this Application: orderl addendum2 Locus map x Site plan X showing present +Pla-n—n-e-d X structures Floor plans present proposed elevations (HDC approved ?_) Listings lot area * frontage 307 setbacks50 GCR* parking data Assessor - certifies— addressee Mist 4 sets x mal ni g labels 2 setsx 200 fee payable to Town of Nantucket x proof 'cap' covenant (If an appeal, ask Town C- rk to send Bldg Com s record to BoA.) *10 acres * *1500 sf I certify that the request d information submitted is substantially complete and tru to t e b s of my knowledge, under the pains and penalties of ppq y. SIGNATURE: 3(If not owner or owner's Applicant Attorney/agent -- y, enclose proof of authority) Kevin V. Loughlin, M.D. and Kathryn D. Loughlin (together, the "Applicants ") are the owners of a four acre lot located along West Miacomet Road in the Moorlands Management District. The Applicants seek the following relief: (a) A special permit from the Nantucket Planning Board for construction of a single dwelling pursuant to Section 139- 15(C)(1) of the Nantucket Zoning Code (the "Zoning Code "). (b) A variance from the Nantucket Board of Appeals from the ground coverage ratio provisions of Section 139 -16 of the Zoning Code, which would limit the permissible ground coverage of the Applicants' residence to 1500 square feet. Descriu ion of th e P pad Dwelling The house, as shown on the attached plan, will be a single family dwelling for the use of the Applicants. It will be a shingle -style wood frame house with additive masses which bring the house visually to the ground. The shingles used will be of the type normally used in Nantucket, in keeping with the surrounding environment and the other houses in the area. The roof will be cedar shingled, once again blending with the surrounding natural environment. The house will have a ground coverage ratio, as defined in Section 139 -2 of the Zoning Code, of approximately 2114 square feet, and an elevation of twenty -five feet. A driveway from West Miacomet Road will be constructed,with a width of ten feet and a length of 275 feet. The driveway will follow the natural contours of the land in order not to alter the existing land elevations or unnecessarily disturb the existing vegetation. It will be a shelled driveway on hardening, and shall only serve the Applicants' house. No alteration of existing vegetation other than that necessitated by construction of the house and driveway will occur, nor will any new shrubbery be planted. Variance and Special Permit The relief sought will enable the Applicants to build a house which is in keeping with the scenic and environmental integrity of the Moorlands Management District and is consistent with the ground cover of the other buildings in the area. The chart attached hereto as Attachment A shows that other properties in the immediate area range in ground cover from 0.9% to 3 %. The Applicants' house will have a ground coverage ratio of approximately 1.21 %. Prior to adoption of the Moorlands Management District by the Town of Nantucket in 1984, the Applicants' property lay in a Limited Use General 2 ( "LUG 2 ") Zoning District. The applicable ground coverage ratio prior to 1984 was, and remains, 4% in the -2- LUG 2 District. As such, a far larger house than that proposed by the Applicants would have been permissible. At the time that the Moorlands Management District was adopted, only two lots in the District remained unbuilt: the Applicants' lot and Lot 72.1 on the Nantucket Tax Assessors Map 81. In effect, these two lots have been singled out to bear the burden of this new regulation. This places an unfair and impermissible public burden on two private individuals, and may represent an unconstitutional violation of due process. Moreover, zoning regulations, according to very recent United States Supreme Court cases, must "substantially advance legitimate state interests." 11an y California Coas a7 Commission, 107 S. Ct. 3141, 3146 (1987); Aains v. TibUrnr, 447 U.S. 255, 260 (1980). In Nollan, the Supreme Court demanded that there also be a strong and clear connection between the application of a land -use regulation and its purpose. Nollan, at 3148. A failure to meet these standards recently established by the Supreme Court results in an unconstitutional taking of property under the Fifth Amendment of the United States Constitution. Strict application of the Zoning Code ground cover provisions may result in a violation of these constitutional principles. The number of square feet of ground cover is unrelated to protection of the scenic integrity of the moorlands -- a long, narrow structure with a small ground cover -3- may have a greater effect on scenic integrity than another well - designed structure with a larger ground cover. Moreover, requiring the Applicants to comply with a ground cover ratio which is approximately three times as restrictive as that which had applied to the rest of the District fails to substantially advance the stated purpose of the regulation, protection of the long -term integrity of the moorlands as an ecological system. As proposed, the Applicants' home will fit into the natural environment with a minimum of disruption, and will be consistent with the other buildings in the area. A strict application of the provisions of Zoning Code Sections 139 -15 and 139 -16 will not help in achieving the purpose of these regulations, protection of the environmental integrity of the Moorlands Management District. Further evidence and testimony in support of this application will be presented at the public hearing. 4484s -4- Attachment A Study of Lots in Vicinity of Loughlin property: Map # Lot# Area Footprint $ Gr. Cov. 81 17 (In Acres) of Structure .018 86 13.1 2.9 1,212 .009 86 13.2 2.9 11909 .015 86 1 14.6 1,028 .001 86 6 1.16 1,218 .024 86 9 1.46 shed valued at $500 ? ?? 82 12 6.2 987 .016 LUG 2 Properties Within Immediate Area (Across Pond): 81 18 1.8 1,240 .015 81 17 1.9 1,528 .018 81 19 1.8 2,448 .03+ 81 14 1.8 1,008 .012 81 15 1.7 1,266 .017 535!3 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: 19 92 \ To: Parties in Interest and_Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 013 -89 Owner/Applicant: KEVIN V. AND KATHRYN D. LOUGHLIN Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of 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 an complaint in court within TWENTY (20) days after this day's 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. � P L'nda F. Williams, Vice -C airman cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS 14 South Water Street Nantucket, Mass. 02554 Map 81 -0 -0 35 West Miacomet Road parcels 72.2 & 73.2 10,922 MMD At a Public Hearing of the ZONING BOARD OF APPEALS held at 1:00 P.M., Friday, February 7, 1992, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of KEVIN V. and KATHRYN D. LOUGHLIN, 237 Glezen Lane, Wayland, Mass. 01778, Board of Appeals File No. 013 -89, the Board made the following Decision: 1. In accordance with the provisions of the Order of the Land Court Department of the Trial Court, per Sullivan, J., in Kevin V. Loughlin et al. v. C. Marshall Beale, et als., Misc. No. 134489, the Zoning Board of Appeals reopened the above specified Application for action as specified in said Order. See BOA File No. 064 -88. The premises are located at 35 WEST MIACOMET ROAD, Assessor's Map 81, parcels 72.2 & 73.2, as shown on Land Court Plan 17368 -L, Lot 32. The property is zoned MMD (Moorlands Management District). 2. The text of the Court Order required the Applicants to submit building plans to the Board complying with the following requirements applicable to this request for relief: A. The design shall not exceed 2,280 S.F. of ground cover, and B. The design shall not exceed 2,950 S.F. of total ground coverage 3. Applicant submitted plans and presented evidence that the plans complied with the conditions specified in paragraph 2 of this Decision. 4. By unanimous vote (Williams, waine, O'Mara, Dooley, and Mitchell in favor) the Board GRANTS the relief by Variance under §139 -32A from the requirements of §139 -16A (Intensity regulations - ground cover ratio) to allow construction of structures upon the premises upon the following conditions: A. The maximum ground cover shall not exceed 2,280 S.F. as calculated under the Zoning Bylaw of the Town of Nantucket in effect as of the original date of filing of the Applicants' request for relief in this Application, March 2, 1989; B. The total ground coverage shall not exceed 2,950 S.F., and C. The structures comply with all other conditions specified in Application No. 013 -89 Date: Decision the Court Order entered in Land Court Misc. No. 134489, per Sullivan, J., pursuant to which this Variance has been granted. ale Wa Peter Dooley Liifda Mic el 'Mara Kate Mitchel/1 2 4 ZONING BOARD OF APPEALS 14 South Water Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, February 7, 1992, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: KEVIN V. and KATHRYN D. LOUGHLIN Board of Appeals-File No. 013 -89 In accordance with the provisions of the Order of the Land Court Department of the Trial Court, per Sullivan, J., in Kevin V. Loughlin, et al. v. C. Marshall Beale, et als., Misc. No. 134489, the Zoning Board of Appeals shall reopen the above specified Application for action as specified in said Order. See BOA File No. 064 -88. The premises are located at 35 WEST MIACOMET ROAD, Assessor's Map 81, parcels 72.2 & 73.2, as shown on Land Court Plan 17368 -L, Lot 32. The property is zoned MMD (Moorlands Management District): a kL\Jdp_� Robert J. Leichter, Chairman ZONING BOARD OF APPEALS 14 South Water Street Nantucket, Mass. 02554 Robert J. Leichter, Chairman Linda F. Williams, Vice Chainnan Ann Balas, Clerk Paul Jakubowski, Esq. Hale & Dorr 60 State Street- - Boston, Mass. 02109 Re: Loughlin, Board of Appeals File No. 013 -89 Dear Paul: Spencer M. Cowan, Jr. Zoning Board Administrator Telephone (508) 228 -7215 December 27, 1991 Thank you for sending me the copy of the Order concluding Land Court Case Misc. No. 134489. As I read the Order, the Applicants are to submit plans complying with the limitations contained in the Order, and the Board is to reopen the original Application and grant a variance from ground cover limitations as stated in paragraph 3(A) of the Order. While I have not had time to review the plans to assure they satisfy the Court's conditions, I am reasonably confident that, upon inspection, the plans will be within the parameters specified by the Order. The only real question in my mind is the procedure to be followed. I suggest written notification of all abutters with notice also posted and advertised, as if this were a completely new Application; not that I read the Court's Order as requiring such steps, but, rather, to minimize the potential for a disgruntled abutter to contest the Variance on procedural grounds after it is granted. In order to send notice, you will need to obtain a new List of Abutters from the - Assessor's Office and send me two sets of mailing labels for each name on the list. I will prepare a form of notice for posting and advertising, which I will then send to you for your approval. The next available meeting of the Board is February 7, 1992, and the deadline for that meeting is January 8, and so you will need to have everything ready and to this office by that date. MANCHESTER OFFICE THE NUMERIC BUILDING 1155 ELM STREET MANCHESTER, NH 03101 (603) 627.7600 HALE AND DORR COUNSELLORS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 60 STATE STREET BOSTON, MASSACHUSETTS 02109 Nantucket Planning Board 1 East Chestnut Street Nantucket, MA 02554 -3593 (617) 742.9100 (TELECOPIER) (617) 367 -6133 (617) 742 -9108 TELEX 94 -0472 December 13, 1991 Nantucket Zoning Board of Appeals c/o Town Building Broad Street Nantucket, MA 02554 -3593 Attn: Mr. Spencer Cowan WASHINGTON OFFICE THE WILLARD OFFICE BUILDING 1455 PENNSYLVANIA AVE., N.W. WASHINGTON, D.C. 20004 (202) 393 -OSM Re: Nantucket Planning Board: Special Permit Application SP -9 -88 Nantucket Zoning Board of Appeals: Application 013 -89 Ladies and Gentlemen: Enclosed please find a copy of the Land Court Order which was inadvertently omitted from the package of plans submitted on behalf of Kevin and Kathryn Loughlin under cover of a letter from Stephen H. Oleskey dated December 11, 1991. Please contact me at your earliest convenience regarding the reopening of the above - referenced applications. Thank you for your cooperation. pj /gfs Very truly yours, � Q i Paul Jak bowski COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. LAND COURT DEPARTMENT OF THE TRIAL COURT ) KEVIN V. LOUGHLIN, ET AL, ) ) Plaintiffs ) V. ) MISC. NO. 133612 JOHN D. BROCK, ET AL, - ) Defendants ) KEVIN V. LOUGHLIN, ET AL, ) Plaintiffs ) V. ) MISC. NO. 134489 ) C. MARSHALL BEALE, ET AL, ) Defendants ) These matters having come on before the Court, Sullivan, J., presiding, and with the agreement of all parties, upon consideration thereof, it is hereby ORDERED and ADJUDGED as follows: 1. These actions involve applications by the plaintiffs seeking a special permit and a variance, arising under Sections 139 -15 (added 4 -3 -84 STM, Art. 1, approved 8- 24 -84) and 139 -16A (amended 4 -3 -84 STM, Art.l, appproved 8- 24 -84), respectively, of the Code of the Town of Nantucket ( "the Code "). 2. The plaintiffs shall submit revised building plans for the construction by plaintiffs of a two -story single family residence on the land shown as Lot 32 on Land Court Plan No. 17368 -L at the Nantucket Registry District ( "the Plans "), to each of: (A) the Nantucket Planning Board, which shall reopen in connection therewith plaintiffs' Special Permit Application SP -9- 88; and (B) the Nantucket Zoning Board of Appeals, which shall reopen in connection therewith plaintiffs' Application 013 -89. 3. The Plans submitted by plaintiffs: (A) shall not exceed 2,280 square feet of ground cover, as determined in a manner consistent with the definition of "ground coverage ratio" found in the Code at the time of filing the aforesaid applications; (B) shall not exceed 2,950 square feet of total ground coverage (including decks, porches, patios, and other such structures as were identified in the Code at the time of filing the aforesaid applications); (C) shall comply with the requirement that no portion of the house shall be sited in an area of the property with an existing natural contour of more than twenty (20) feet above half tide level, and that the ridge line of the house shall not exceed an elevation of forty -five (45) feet above half tide level; and 2 (D) shall be sited substantially in the location shown on the site plan attached hereto as Exhibit A, which site for the house has been approved by the Nantucket Planning Board and the Nantucket Zoning Board of Appeals. 4. Final approval of the Plans shall not be unreasonably witheld by the Nantucket Planning Board and the Nantucket Zoning Board of Appeals. Issuance of amended decisions by the Nantucket Planning Board and the Nantucket Zoning Board of Appeals, reflecting approval of a special permit and granting a variance allowing the ground coverage, height and siting referenced in Paragraph 3, shall occur within ninety (90) days of the submission by plaintiffs of the Plans to the respective Boards. 5. All other conditions set forth in prior decisions by the Nantucket Planning Board and the Nantucket Zoning Board of Appeals on plaintiffs' applications will remain in full force and effect, except to the extent that they are inconsistent with Paragraphs 3 and 4. 6. All other claims and relief sought in these proceedings are denied, with prejudice and without costs to any party. 7. The Court shall retain jurisdiction over these proceedings to the extent necessary to assure compliance with the terms of this Order, and implementation thereof. Entered: SO ORDERED, By the Court (Sullivan, J.), 3 MANCHESTER OFFICE THE NUMERICA BUILDING 1155 ELM STREET MANCHESTER, NH 03101 (603) 627 -7600 HALE AND DORR COUNSELLORS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 60 STATE STREET BOSTON, MASSACHUSETTS 02109 Nantucket Planning Board 1 East Chestnut Street Nantucket, MA 02554 -3593 (617) 742.9100 (TELECOPIER) (617) 367 -6133 (617) 742.9308 TELEX 94 -0472 December 11, 1991 Nantucket Zoning Board of Appeals c/o Town Building Broad Street Nantucket, MA 02554 -3593 WASHINGTON OFFICE THE WILLARD OFFICE BUILDING 1455 PENNSYLVANIA AVE., N.W. WASHINGTON, D.C. 20004 (202) 393.OWO Re: Nantucket Planning Board: Special Permit Application SP -9 -88 Nantucket Zoning Board of Appeals: Application 013 -89 Ladies and Gentlemen: On behalf of Kevin and Kathryn Loughlin, the applicants under the above - referenced applications, I have enclosed revised building plans for the construction of a two -story single family residence on the land shown as Lot 32 on Land Court Plan No. 17368 -L at the Nantucket Registry District (the "Plans "). The Plans were prepared by Christopher L. Maury, the Loughlins' architect, and consist of six sheets dated August 7 -12, 1991 and a topographic plan last revised November 1, 1991, prepared by Michael S. Bachman, the Loughlins' surveyor. As you will recall, the applicants were forced to seek relief from the Land Court after the Zoning Board of Appeals denied their application for a variance and the Planning Board effectively denied their application for a special permit. That litigation resulted in an order of the Land Court, a copy of which is attached (the "Land Court Order "), pursuant to which Judge Sullivan ordered the Planning Board and the Zoning Board of Nantucket Planning Board Nantucket Zoning Board of Appeals December 11, 1991 Page 2 Appeals to approve the applicants' plans and issue the requested special permit and variance within 90 days after the date of submission of the plans. In paragraph 7 of the Land Court Order, Judge Sullivan stated that she would retain jurisdiction over the proceedings to ensure compliance with the terms of the Land Court Order. Since the date of the Land Court Order, the Loughlins have designed new house plans, resurveyed their property and sought and obtained approval of the Plans from the Nantucket Historic District Commission. The Lough-lins now seek the special permit from the Planning Board and the variance from the Zoning Board of Appeals, which Judge Sullivan ordered. It has come to the Loughlins' attention that Brian Weise, a Planning Board staff member, has taken the position after his preliminary review of the Plans that the location of the house as shown on the Plans differs slightly from the,location shown on the plans previously approved by the Planning Board, and that this deviation is unacceptable to him. Mr. Weise's understanding of the Land Court Order, which was drafted carefully to ensure that the permits would be issued promptly, is flawed. The Land Court Order requires that the house be sited substantially in the location shown on the plans previously approved. The court included the word "substantially" specifically to provide a margin to account for any inaccuracies in surveys, changes in topographical conditions and the like. For your information, the site plan approved by both Boards inaccurately indicated the location of the fifteen foot elevation line across the property (the fifteen foot elevation line is the line along which the house is to be sited). The Plans submitted today accurately portray the fifteen foot elevation line and call for the house to be sited in the same location with respect to that line as was indicated on the plans previously approved by you. Under Mr. Weise's view, the house would be located in a drainage swale,- which, of course, none of the parties ever intended and which both Boards are aware the Loughlins have declined to build for obvious reasons. With submission of the Plans, the applicants have completed their obligations under the Land Court Order of Judge Sullivan. Please review the Plans and issue the requested special permit and variance promptly in accordance with the Land Court Order. Any failure of either Board to comply with the Land Court Order would Nantucket Planning Board Nantucket Zoning Board of Appeals December 11, 1991 Page 3 force the Loughlins to return to the Land Court for further needless and expensive litigation. Thank you for your anticipated cooperation. Ver "H. S /gf s cc: Dr. and Mrs. Kevin Loughlin Eric I. Zucker, Esq., Assistant Town Counsel Paul Jakubowski, Esq.