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HomeMy WebLinkAbout021-91TOWN OF NANTUCKET BOARD OF APPEALS Nantucket, Mass. 02554 (—;�ic 0—y i 71 i 991 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 021 -91 Owner /Applicant: NANTUCKET BANK 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 a Complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the Complaint and a certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20), Sys. r ; Date: ` Robert Leichter, Chairman cc: Town Clerk Planning Board Building Commissioner I I TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS at a public hearing held on FRIDAY, APRIL 26, 1991, at 1:00 p.m. in the Town and County Building, Federal and Broad Streets, Nantucket, made the following Decision on the application of NANTUCKET BANK (021 -91) with an address of 104 Pleasant Street, Nantucket, Massachusetts 02554: 1. The Applicant seeks a Variance from the minimum lot size requirements set forth in Section 139 -16(A) of the By -Law, as amended, to cure the "merger" of subject Lot 926 with abutting Lot 927 so as to establish subject Lot 926 as a separate, buildable lot. The Premises are located at 39 Wonoma Wes, Tom Nevers, Assessors Map 924, Parcel 318, Land Court Plan 5004 -69, Lot 926, and zoned Limited Use General -3. 2. Our findings are based upon the application papers, correspondence, plans, representations and testimony received at our hearing on April 26, 1991. Subject Lot 926 is vacant and includes approximately 119,000 square feet as shown on a plan prepared by Hart - Blackwell and Associates, Inc., Surveyors, dated March 16, 1991. At the time the subject lot was created in 1983, it contained approximately 159,300 square feet and conformed to the then - existing zoning intensity regulations. The lot has been steadily eroding for the past eight (8) years, and from December 28, 1987 until November 1, 1990, subject Lot 926 was held in separate, non - contiguous ownership. On November 1, 1990, the Applicant acquired subject Lot 926 and abutting Lot 927 by deeds in lieu of foreclosure and sold abutting Lot 927 to a third party purchaser on December 28, 1990. The Applicant seeks a Variance to cure the technical "merger" of Lot 926 with Lot 927 for the period from November 1, 1990 through December 28, 1990 and a determination from this Board that subject Lot 926 is a separate, buildable lot with an allowable ground cover of 3,570 square feet. Alternatively, in the event that no "merger" of Lot 926 and Lot 927 occured during this period, then, in that event, the Applicant seeks a Variance from the minimum lot size requirement of 120,000 square feet so that Lot 926 is deemed to be a buildable lot with an allowable ground cover of 3,570 square feet. We find that there are specific circumstances relating to soil conditions and the topography of Lot 926 which especially affect this lot and which do not affect generally lots in the LUG -3 Zoning District: the erosion of the beach portion of Lot 926 during the last eight (8) years and the movement of the mean high water mark northward on the lot. This erosion problem has caused a "merger" of Lot 926 with abutting Lot 927. We find further that Lot 926 currently meets 98.3% of the minimum area required for lots in the LUG -3 Zoning District, that failure to grant a Variance in this case will cause the Applicant a significant hardship by rendering Lot 926 "unbuildable," and that this Board may grant the requested Variance relief without nullifying the intent and purpose of the Zoning By -Law. We note that there was no opposition to the requested relief and the Planning Board's recommendation was favorable. 3. For the reasons set forth herein, t e Board, by UNANIMOUS VOTE, hereby grants a VARIANCE for Lot 926 to cure the "merger" of Lot 926 with Lot 927 so as to de�m Lot 926 a separate, buildable lot wirti�,an allowable ground cover of 3,570 square feet and so as to deem abutting Lot 927 a separate, buildable lot. Alternatively, the Board, by unanimous vote, grants a VARIANCE for Lot 926 from the minimum lot size requirement of 120,000 square feet so that Lot 926 is deemed be a buildable lot with an allowable ground cover of 3,570 square feet, in the event that no such "merger" of Lot 926 and Lot 927 occured from November 1, 1990 to December 28, 1990. ( /, " /7 / InI to Peter Dooley a" Ad&l - Ann Balas Dale Waine ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held at 1:00 P.M., Friday, April 26, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: NANTUCKET BANK Board of Appeals File No. 021 -91 Applicant seeks a Variance under Section 139 -32 from the requirements of Section 139 -16A (intensity regulations, minimum lot size) of the Zoning Bylaw to cure a potential merger of the subject lot with an adjacent lot which was held in common ownership from November 1, until December 27, 1990, to make the parcel a buildable lot. The subject lot is presently undersized for the district due to erosion which may have occurred since the conveyance of the adjacent lot from comTMon ownership. The premises are located at 39 WONOMA WAY, Assessor's Map 92.4, parcel 318, as shown on Land Court Plan 5004 -69, Lot 926. The property is zoned LUG -3. �� s (� // 1 is Yn Linda F. Williams, Vice Chairman BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No. -ice APPLICATION FOR RELIEF Owner's name(s): Nantucket Bank' Mailing address: 104 Pleasant Street, Nantucket, Massachusetts 02554 Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number 924- 318 Street address: 39 Wonoma Way, Tom Nevers Registry Land Ct Plan, iX=MX 5004 -69 Lot 926 ocu e t o. 51837 Date lot acquired: 11 90 Zoning district LUG - 3 O1 Uses on lot - commercial: None or Residential MCD? - number of: dwellings 0 duplex_ apartments_ rental rooms_ Building date(s) : all pre -8/72? _ or C of 0 ?_ Building Permit appl'n. Nos. 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 if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use) . If appeal per 139 -3JA & B _ , attach decision or order appealed. OK to attach addendum . pThe Applicant seeks a Variance pursuant to Section 139 -32A of the By -Law to cure the "merger" of Subject Lot 926 with abutting Lot 927 which were held in common ownership from November 1, 1990 to December 27, 1990. See Addendum annexed hereto. Items enclosed as part of this Application: orderl addendum2 X Locus map __X_ Site plan_ showing present +planned "structures Floor plans present proposed_ elevations (HDC approved ?_) Listings lot area X frontage X setbacks GCR parking data Assessor - certifies- addressee 1-1st 4 sets x ma�ling labels 2 sets_ 200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to sen3 ldg Comr s record to BoA.) B I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. IN SIGNATURE: / �)%&----ftPplicant Attorney /agent X Kevin F. Dale, Attorney for Nantucket Bank 3(If not owner or owner's attorney, enclose proof of authority) I FOR Bo OFFICE USE Application copies rec1d:.4_ or for BoA on 3-1�-1 by LG��tJ One copy filed with Town Clerk on�/_Ol� by. - complete? One copy each to Planning Bd and Buildin Dept_C./ -r $200 fee check given Town Treasurer on/� by waived? Hearing notice postedr mailed 2( I & 1' / Hearings) on_/_/_ cont 'd to_/_/_, �_/_ withdrawn ?_/__/_ Decision due by_/_/_ made_/_/_ filed TC_/_/_ mailed _/_ /_ See related cases lawsuits other ADDENDUM "A" The applicant acquired subject Lot 926 and abutting Lot 927 by virtue of deeds in lieu of foreclosure on November 1, 1990. These lots were held in common ownership by the Applicant from November 1, 1990 to December 27, 1990, when the Applicant sold Lot 927 to a third party purchaser. As of February 11, 1991, Lot 926 contains approximately 118,000 square feet from the mean high water mark of the Atlantic Ocean to Atlantic Boulevard a /k /a Wanoma Way. Lot 926 is located in the Limited Use General Zoning District which requires a minimum lot size of 120,000 square feet and a minimum frontage of 200 feet. Lot 926 has frontage of 220.00 feet along Atlantic Boulevard a /k /a Wanoma Way. At the time Lot 926 was created in 1983, it contained approximately 159,300 square feet. The Lot has been steadily eroding for the past eight (8) years. From December 28, 1987 until November 1, 1990, Lot 926 was held in separate, non - contiguous ownership by Tarpon Realty Trust. Give the fact that the area of Lot 926 has been diminished by approximately 41,300 square feet over the past eight (8) years, it is a fair inference that Lot 926 contained in excess of 120,000 square feet at the time it was conveyed into separate ownership on December 28, 1987. There are specific circumstances relating to soil conditions and the topography of Lot 926 which especially affect the lot and which do not affect generally lots in the LUG -3 Zoning District, to wit: The erosion of the beach portion of Lot 926 during the last eight (8) years and the movement of the mean high water mark northward on the lot. This erosion problem has caused a "merger" of Lot 926 with Lot 927. Given the fact that Lot 926 currently meets 98.3% of the minimum area required for lots in the LUG -3 Zoning District, this Board may grant tht requested variance relief without nullifying the intent and purpose of the Zoning By -Law. The Applicant respectfully requests this Board to grant a Variance from the minimum lot size requirements in this case.