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HomeMy WebLinkAbout041-89o 1-1-1 - b°9 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 US-r I , 1989 File No. OC/ 1 -SG To: Parties in interest and others M0.0I f=I C►� l l0iU Re: Decision in the Application of IBS A-TI ON v9-L , 6 v U LE U r4 X—D 66-N IG OF c it S v �2 t3rU C — 6� +�,e_ )-2r4v� t�2.tOW LIB E 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. (—? �k LILV� d I I 'a N" William R. Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 RE: Modification of Variance granted by Decision dated August 30, 1988 At a public hearing held on Friday, July 12, 1989 at 1:00 pm in the Town and County Building, Broad Street, Nantucket, the Board made the following decision on the Application of National Boulevard Bank of Chicago, Trustee of the Arthur Farlow Life Insurance Trust (041 -89). Applicant sought relief pursuant to Sections 139 -32A and 139 - 29D(3) to MODIFY, in part, a previously granted Variance. Our Decision of August 30, 1988, granting the Variance, specifically requires, as condition number (3) of its granting, that "any dwelling placed or constructed on the 2.4 acre lot must tie into the public sewer system prior to its being used." Applicant seeks to remove the aforesaid condition number (3). As grounds for the requested relief, Applicant argues that the condition is one which cannot be met, through no fault of Applicant. The Board takes notice of DEQE Administrative Order 782 which prohibits the Town from allowing the suggested sewer connection at present and for an indefinite time hereafter. Moreover, Applicant provided evidence that the connection to the Baxter Road sewer line (it was represented that there is no sewer in front of the lot on Sankaty Road) would require it to perform the work within a wetland in order to lay the sewer pipe. We find that the continued imposition of the said condition (3) would cause an undue hardship upon the Applicant in that it would render useless the relief which was originally granted to make the lot buildable. That hardship would continue until the sewer moratorium was lifted, if lifted. We find this to be an unnecessary burden if the lot can and does comply with all local and state regulations for the construction and use of an on -site septic system. That the connection to sewer will disrupt the they existing wetland is more properly an issue for the Conservation Commission. However, it would not be consistent with our purposes and intent to require the Applicant to disrupt the wetlands area and to bear the burdens of the process of obtaining the appropriate permission for such a task for a conditons which is unfulfillable. Upon a motion duly made and seconded, the Board voted UNANIMOUSLY to modify its Decision of August 30,1988, and which is recorded at the Nantucket Registry of Deeds in Book 327 at Page 285, to eliminate condition (3), thereof, which requires the connection to the public sewer for any dwelling on the 2,.4 acre lot at 97 Sankaty Avenue. Our findings and decision are based upon the Application papers, and the plans submitted therewith, subsequent to the application and at the Hearing, as well as the arguments and representations received at our July 21, 1989 Hearing. All of the other terms, conditions and provisions of the Variance granted by our Decision dated August 30, 1989, shall remain in full force and effect. Dated: ?xj P�a-- a �O NMI' NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 July 7, 1989 NOTICE A Public Hearing of the BOARD OF APPEALS ;rill be held on FRIDAY, JULY 21, 1989 at 1:00 P.M. in the Town and County Building, Nantucket, on the Application of: NATIONAL BOULEVARD BANK OF CHICAGO, TRUSTEE OF THE ARTHUR C. FAFF'OW LIFE INSURANCE TRUST Board of Appeals File No. 041 -89 seeking relief pursuant to SECTIONS 139 -32A and 139- 29D(3) to MODIFY, in part, a previously granted VARIANCE, which requires that any dwelling on the 2.4 acre lot be tied into the puhlic system. Applicant r^c ;u-sts the removal of this condition an,,' proposes to install an on -site septic system which will comply with all state and local health and wetlands regulations. The premises are located at 97 SANKATY AVENUE, SIASCONSET, Asse,;scr's Parcel 49 -094, and zoned LIMITED USE GENERAL -III. (L 6 l %1 William R. Sherman, Chairman BoT: c'oria 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 oyl -� CASE No. APPLICATION FOR RELIEF Owner's name(s): National Boulevarde Bank of Chicago Tr,iSrae _ Mailing address: 410 North Michigan Avenue, Chicago, TT 60611 Applicant's name: same Mailing address: same Location of lot: Assessor's map and parcel number 49 - 94 Street address: 97 Sankaty Avenue Siasconset MA 02564 Registry Land Ct Plan, Plan Bk & Pg or Plan File Lot Date lot acquired: Deed Ref'135 , 18 Zoning district LUG III Uses on lot - commercial: None _ or MCD? r4- number of: dwellings 0 duplex apartments 0 rental rooms-0 f -- Building dates) : all pre - 8/72 ?. N/A 'or' C of 0? Building Permit appl'n. Nos. N/A _ Case Nos. all BoA applications, lawsuits: August, 1988, File No. 079 -88 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 �jif Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -31A -&-B , attach decision or order appealed. OK to attach addendum2. See attached sheet i i � 111 iii !' 1 Items enclosed as part-of l�s� +� i rater addendum2 T rnnr. � 01+-- ...'7 L:����:1.� Applicant seeks a modification of its VARIANCE granted on August 5, 1988, in Case No. 079 -88 so as to allow for the use of an on -site septic system for a dwelling to be placed or constructed on this 2.4 acres lot. The grounds for this re- lief are that the lot is restricted to one (1) dwelling, and the lot (having more than 200% of the minimum lot size required by the Board of Health for a septic system) complies with State and local requirements for use of a septic system. Furthermore, connection to the sewer system would require the applicant to do work within and cause some disturbance to the wetlands area on the lot, and it is presently prohibited by Order of DEQE from making such connection. Because of the lot's ability to comply with Title V and the compliance with local health regulations, we believe that the modification is in harmony with the intents and purposes of the Zoning By -Law. .TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August 30 88 CERTIFICATE OF GRANTING OF VARIANCE =VL6=WWIYMXPX13=U (Massachusetts General Laws, Chapter 40A, Section 11) The BOARD OF APPEALS of the Town of Nantucket hereby certifies that a Variance ]jjXTYzX-XrA)Xe XX%)HffiT tX has been granted: • National Boulevard Bank Of • • C. • . Life Tnsurance 1 • • Address: 400-410 North Michigan • •. T I .). affecting the rights of the Owner /Applicant with respect to land or buildings at 84 Baxter Road and 97 Sankaty Ave-, Parcel Ag - *17 and Parcel 49 -94 Book 135 Page 18 Deed Reference_ And the BOARD OF APPEALS further certifies that the attached Decis is a true and correct copy of its Decision granting the Variance N}ggjgy, XXX'1aCJJQ3� and that copies of the Decision and of all plans referre in the Decision have been filed with the Planning Board and the Town C1 The BOARD OF APPEALS calls to the attention of the Owner / Applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that n o Variance }�¢�djX }{g,g11X X�C4CiX�C, renewal thereof, shall take effect until certified by the Town Clerk that twenty Decision has been filed in the office of been filed (or, if such appeal has been or denied) and (b) the certified copy is for the County of Nantucket and indexed name of the Owner of Record or is record Certificate of Title. The fee for such III, aid b the Owner /Applicant or any extension, modification o (a) a copy of the Decision is days have elapsed after the the Town Clerk and no appeal h;: filed, that it has been dismisse recorded in the Registry of Dec in the grantor index under the ed and noted on the Owner's recording or registering shall P Y -"fi (-�" � •v- --- -_. __ _ . _. y�-P nil i � Chairman Clerk NLNTDCKST SONXXQ BOARD OF APPRWA NANTUCKET, NR82ACSD88TT8 04554 August 30, 1988 File No. To: Parties in interest aZA, OthOrs Re: Decision in the Application of on a(_ 160 u(,e we 6aY*- 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._(") 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. Will am R. Sherman, Chairman cc: Building Commissioner F Planning Board Town Clerk 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 -(24�:-"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 �he commonality of title of the two parcels, Applicant asserts that there has been no voluntary waiver of the lots' 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 )f 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 the'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: " Vc t' 36 , 1988 IN FAVOR: cam• p ' ' William 13,p Sherman Dav_ ,d Legge I�cbert Lei !rht r ; -male aine OPPOSED: C. Marsh 1 Beale Page 4 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No. APPLICATION FOR RELIEF Owner's name(s): National Boulevarde Bank of Chicago Tru,G ee Mai 1 ing address: 410 North Michigan Avenue, Chicagn, TT 60611 _ Applicant's name: same Mailing address: same Location of lot: Assessor's map and parcel number 49 - 94 Street address: 97 Sankaty Avenue Siasconset, MA 02564 Registry Land Ct Plan, Plan Bk & Pg or Plan File Lot Date lot acquired: Deed Ref,'135, 18 Zoning district LUG III Uses on lot - commercial: None or MCD ?____ number of: dwellings duplex apartments 0 rental rooms-0__ f Building date(s) : all pre-8/72?. N/A '6r C of 0 ?�_ Building Permit appl'n. Nos. N/A Case Nos. all BoA applications, lawsuits: August, 1988, File No. 079 -88 State fully all zoningg 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 'if a Special Permit (and 139 -33A if to alter or extend a noncon orming, use)'. If appeal per 139 -3�A & B ,_ , attach decision or order appealed. OK to attach addendum See attached sheet r ihi- 0i, i( Items enclosed as art of:. sf,� '' �' " rperl addendum2 1 Locus map ✓ Site: p1# !+planned structures Floor plans presentt,l,':;.p goo r t1ons (HDC approved ?_) Listings lot area' rr s ! GCR parking data g Assessor- certifieadz m�' ling labels 2 sets_ Si200 fee payable to.,ToWx1 �piP Q „r''lkl ! oT' cap' covenant (I f an appeal, as%' Comr s record to BoA I certify hat the -r W1 r ,. y r�cug fi,Qc;; r jit, submitted is substantially complete and true to ":h'bli r,�u}c�w ed . under the pains and penalties of pe ury' ' •}' ,��.. - SIGNATURE: } !s`t Applicant Attorney /agent f� 3(If no wner crrkero.s attorney',�enclose proof of authority) FOR BOA OFFICE USE Applicant seeks a modification of its VARIANCE granted on August 5, 1988, in Case No. 079 -88 so as to allow for the use of an on -site septic system for a dwelling to be placed or constructed on this 2.4 acres lot. The grounds for this re- lief are that the lot is restricted to one (1) dwelling, and the lot (having more than 2007 of the minimum lot size required by the Board of Health for a septic system) complies with State and local requirements for use of a septic system. Furthermore, connection to the sewer system would require the applicant to do work within and cause some disturbance to the wetlands area on the lot, and it is presently prohibited by Order of DEQE from making such connection. Because of the lot's ability to comply with Title V and the compliance with local health regulations, we.believe that the modification is in harmony with the intents and purposes of the Zoning By -Law. ,TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: 19 August 30 88 CERTIFICATE OF GRANTING OF VARIANCE us=Z= xpnm (Massachusetts General Laws, Chapter 40A, Section 11) The BOARD OF APPEALS of the Town of Nantucket hereby certifies that a Variance yj)aZy$&XUp00 XMX%XrXmTXtX has been granted: C. 1 1 •: •, - : • • :: affecting the rights of the Owner /Applicant with respect to land or buildings at 84 Baxter Road and 97 Sankaty AvP ParrPl Parcel 49-94, Book 135 Page 18 Deed Reference_ And the BOARD OF APPEALS further certifies that the attached Decisio is a true and correct copy of its Decision granting the Variance XX�JRX %p't]XXJ7�X and that copies of the Decision and of all plans referred in the Decision have been filed with the Planning Board and the Town Cler The BOARD OF APPEALS calls to the attention of the Owner /Applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no Variance X%rAWM 4X%�AkXFX or any extension, modification of renewal thereof, shall take effect until (a) a copy of the Decision is certified by the Town Clerk that twenty days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Dec•('. for the County of Nantucket and indexed in the grantor index under the name of the Owner of Record or is recorded and noted on the Owner's Certificate of Title. The fee for such recording or registering shall be paid by the Owner /Applicant. 01 J Chairman Clerk EANTUCEET ZONING BOARD OF "PEMA NANTUCKET, MASSACKUSETTA 02554 August 3 O, 1988 File No. To: Parties in interest atnd oars . s _ Re: Decision in the Application of Nock-) 00 ac 80 U(,e Uae 6 0kYlk c& CkQ'0 4p i7rvsfiO� C6 'tlnz ,fart -h�,r C- - F_ck, `low C�►,� E:*1SLkaVNCa, f cJS-r Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decisigli 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 twepM _(0) 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 Cornm►issioner Planning Board Town Clerk Q . tom.. -..,. 'William R. Sherman, Chairman r 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�� "parcels of land shown as Assessor's 2. The locus is made up of_twv 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 lots' 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 se, cond dwelling on the property. The combined ground cover of all resulting struc_tvres 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 -161of th& 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: `v v1 VS* 36 , 1988 .Y IN FAVOR: William B. Sherman Dated Legge Ao6ert Lei, jr � -male a ne OPPOSED: C. Marsh 1 Beale Page 4