HomeMy WebLinkAbout067-91a 7-
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: Nov. 20 19 91
• .
To: Parties in Interest and.Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following: `
Application No.: 067 -91
Owner /Applicant: MADY ECKSTETN
Enclosed is the Decision of the BOARD OF APPEALS i:�hich has
this day been filed in the office of the Nantucket Town
Clerk.
An !ppeal from this Decision may bz taken pursuant to
Section 17 of Chapter 40A, :`aSS3chuset IC. s General La-v.-s-
4
y action a:D pea ting ii ? :)lS Lon muSt he ..-o fight by
i_ii.S� -i-N z an comDai-_ n cc n T E 7 ;
this day's date. ?notice of the action with a copy o the
compla'_int =nd certified copy o-�r t. ^.e Decision : usLl :De give.
to .. -viNn Lamer:: so ... as to receive' L i
(2- 0) days.
hter , Cna i r:ran
cc: ?o, -,n Clerk
Planning Board
3uilding Commissioner
BOARD OF APPEALS
TOWN OF NANTUCKET
Nantucket, Massachusetts
DECISION:
The Board of Appeals, at a public hearing duly conducted at
the Town and County Building, Federal and Broad Streets,
Nantucket, on Friday, October 18, 1991, at 1:00 P.M., made the
following Decision upon the application of MADY ECKSTEIN
(067 -91):
1. This is an application for variance relief from the
minimum lot size requirement of 20,000 square feet under the
Intensity Regulations, Section 139 -16.A of the Nantucket Zoning
By -law, to enable the use of that portion of the subject property
approx-imately shown as Nancucket Assessor's Parcel 73.4.1 -31 as a
separate lot for building purposes from the remaining portion of
the subject property. The subject property (the "Locus ") is
situated at 8 CLIFTON STREET, 10 CLIFTON STREET and 3 NORTH ROAD,
SIASCONSET (Assessor's Parcels 73.4.1 -29, 30 and 31).
2. Reference is hereby made to the plan which accompanied
this application, prepared by Hart - Blackwell & Assoc., dated
September 24, 1991, a copy of which is attached hereto as Exhibit
A. The Locus consists of three parcels, each containing 6,000
square feet in area, designated on Exhibit A (and hereinafter
referred to) as Parcel 1, Parcel 2 and Parcel 3. Parcel 1 is
improved with a single - family dwelling; Parcels 2 and 3 are
vacant.
3. Parcels 1 and 2, with the dwelling on Parcel 1, were
purchased by Ernest Eckstein and Mady Eckstein by deed recorded
on January 27, 1969, with Nantucket Deeds in Book 133, Page 195.
Parcel 3 was separately purchased from a different owner by
Ernest Eckstein and Mady Eckstein by deed recorded on June 5,
1970, with Nantucket Deeds in Book 134, Page 566. Prior to the
July, 1972 effective date of the Nantucket zoning by -law, the
Locus was not subject to any zoning requirements. From July,
1972 until the April, 1984 Annual Town Meeting, the Locus was
situated in a Residential -1 zoning district, with minimum lot
size of 5,000 square feet and maximum permitted ground cover
ratio of 30 %. During this period, by deed recorded on July 10,
1981, in Book 183, Page 260, Ernest Eckstein conveyed his
interest in the Locus (described and dimensioned therein as three
separate parcels) to Mady Eckstein. At the April, 1984 Annual
Town Meeting, the Locus was placed in a Residential -2 zoning
district, with minimum lot size of 20,000 square feet and maximum
permitted ground cover ratio of 12.5 %.
4. The Locus is, and has been at all relevant times,
assessed by the Town of Nantucket as three separate parcels, and
the amount of valuation for each of Parcels 1, 2 and 3 clearly
reflects the assumption that each parcel is a separate building
lot. Each is given a separate street address upon the Town's
assessment records.
5. The applicant informs us that she and her husband had
always considered Parcels 1, 2 and 3 to be separate building
lots, which could be conveyed separately. They were, until
recently, unaware of the 1984 upzoning and of any effect thereof
upon the status of the Locus as three separate lots. In response
to Mr. Eckstein's recent severe health problems, Mrs. Eckstein
informs us that she explored with realtors the possibility of
selling one of her three parcels for building purposes, and was
advised by the realtors (and later by counsel) that Parcels 1, 2
and 3 had each been rendered nonconforming by the 1984 upzoning
and might be considered as merged together as one lot for zoning
purposes under certain Massachusetts judicial decisions.
Accordingly, she has brought this application to enable Parcel 3
to be separated from Parcels 1 and 2, as a separate building lot.
6. Under Nantucket Zoning By -law Section 139- 7.A(2), the
Locus may be used for one single - family dwelling and a secondary
dwelling, subject only to determination by the Planning Board of
adequacy of access. The Locus fronts upon Clifton Street, a
paved public way, and there should be no question of adequacy of
access. The applicant informs us that there is a depression,
several feet deep, along the boundary between Parcel 1 and Parcel
3, which would effectively prevent a secondary dwelling
constructed on Parcel 3 from functioning as secondary to the
existing dwelling on Parcel 1, with ready passage between the
two.
7. A large proportion of the lots in the vicinity of the
Locus contain less than the 20,000 square -foot minimum lot size,
including all lots abutting the Locus.
8. Based upon all of the foregoing facts, this Board finds
that, under the unusual circumstances of this case, variance
relief from the minimum lot size requirements of the By -law is
justified. Specifically, we find that, owing to circumstances
relating to the soil conditions, shape and topography of the
Locus (consisting of the depression between Parcel 1 and Parcel
3, the fact that any structure built upon Parcel 3 would relate
to other houses on North Road and would be separated by
topography and vegetation from the dwellings facing Clifton
Street, and the overall shape of the Locus), and especially
affecting such land or structures but not affecting the
Residential -2 zoning district generally, a literal enforcement of
the provisions of the By -law would involve substantial hardship,
financial or otherwise (consisting of the inability to use Parcel
3 as a separate lot, notwithstanding its long history of separate
title and taxation) to the applicant, and that the desired relief
may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the
intent or purpose of the By -law (in that two dwellings could be
f �
constructed upon the Locus in any event).
9. The relief hereby granted is upon the following
conditions, to which the applicant agreed at our hearing:
(a) Parcels 1 and 2 shall be legally merged together
as one lot for building and zoning purposes, by appropriate
instrument or plan.
(b) Not more than one dwelling or dwelling unit shall
at any time be constructed or allowed to exist upon each of ( i )
the combined Parcels 1 and 2, and (ii) Parcel 3.
(c) The maximum ground cover permitted on each of (i)
the combined Parcels 1 and 2, and (ii) Parcel 3, shall be the
greater of 1,500 square feet or the amount determined by applying
the ground cover ratio from t *.me to time applicable in the zoring
district in which the Locus is Situated to the area of the lot in
question.
(d) All required zoning setbacks shall be adhered to
in connection with all new construction upon the Locus.
10.
herein
vote of
For the reasons herein stated
imposed, we grant the requested
the four members sitting.
Dated: 01-a/ • CC 1 1991
and upon the conditions
variance, by unanimous
leeIiGC
.W
r
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, October 18, 1991, in the Town and County
Building, Broad Street, Nantucket, Massachusetts, on the
Application of:
MADY ECKSTEIN
Board of Appeals File No. 067 -91
Applicant is seeking a Variance under §139 -32A from the lot
area requirements of §139 -16A (Intensity regulations) to cure the
alleged merger of undersized lots separately acquired and taxed,
but held in common ownership, and to validate the lots as
separately conveyable and buildable lots. The proposed division
of the lot would result in Assessor's parcel 73.4.1 -31 being
separated from parcels 73.4.1 -29 and 30. If allowed, the
conveyance into separate ownership would create one 6,000 S.F lot
and one 12,000 S.F. lot; a minimum lot area of 20,000 S.F. is
required in the district.
The premises are located
Assessor's Map 73.4.1, parcel
Assessor's Map 73.4.1, parcel
Assessor's Map 73.4.1, parcel
50, and Plan Book 11, page 4.
at 8 CLIFTON STREET, SIASCONSET,
29, 10 CLIFTON STREET, SIASCONSET,
30, and 3 NORTH ROAD, SIASCONSET,
31, as shown in Plan Book 5, page
The property is zoned R -2.
— gd�a� '11,024 � 6&
Robert J. Lei e , Chairman
BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554 -T
CASE No.� �'
APPLICATION FOR RELIEF
Owner's name(s): Mady Eckstein
Mailing address: c/o Reade & Alger Professional Corporation, 6 Young's_ Way, Post
Office Box 2669, Nantucket, Massachusetts 02584
Applicant's name:
Mailing address:
Location of lot: Assessor's map and parcel number 73,-41- 29• 30 and 31
Street address: 8 Clifton Street, 10 Clifton Street and 3 North Road, Siasconset
P1 BY 5, eg 50,
Registry Land Ct Plan, Plan Bk & Pg or Plan File /p1Bk 11, P9 4 LQt
Date lot acquired: Deed Ref 1,83-
260 Zoning district R2
Uses on lot - commercial: None x or MCD ?_
- number of: dwellings 1 duplex_ apartments, rental rooms_
Building date(s): all pre -8/72? Yes or C of 0 ?—
Building Permit appl'n. Nos. Non
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 .
Applicant requests a variance from lot size requirement (Intensity Regulations Section
139 -16.A) to enable to use of that portion of the premises shown as Assessor's Parcel
73.4.1_ -31 (originally acquired separately prior to upzoning from R -1 to R -2) as a lot
3epar&te from applicant's other property, shown as Assessor's Parcels 73.4.1 - 29 and 30.
The three parcels are assessed and taxed as separate lots. Require3 lot size is
20,000 square feet; variance relief would result in one 6,000 square fcot lot and�one
12,000 square foot lot.
Items enclosed as part of this Application: orderl addendum2
Locus map x Site plan x showing present x +planned structures
Floor plans present proposed— elevations (HDC approved ?_)
Listings lot area frontage x setbacks x GCR x parking data
Assessor - certified addressee Tist 4 sets x mal ni g labels 2 sets z
200 fee payable to Town of Nantucket proof 'cap' covenant
(If an appeal, ask Town Clerk to sen 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 a�� /�`
penalties of p jury. G a
SIGNATURE: Applicant Attorney /ate x
3(If not owner or owner's attorney , enclose proof of authority)
FOUR 7Boo OFF ICE USE / Application copies recd: K/ r for BoA on �S`bYC/
One copy filed with Town Clerk onT� ? _f by complete?
one
One copy each to Planning Bd and B u ildi Dept Y y�
200 fee check given Town Treasurer on —iA-T by aived ? —
hearing notice poste-tq_/PYZmailed -/ / < I &
Hearing(s) one_/_ cont'd tom„_/_, withdrawn ?_/�_
Decision due by _j_-_/_ made_/_/,_ filed TC--/_/_ mailed_/_,
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