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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_/_, See related cases lawsuits other