The URL can be used to link to this page

Home My WebLink About014-94TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February 18 , 1994 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner /Applicant: 014 -94 MORRIS H. ZUBER AND SYLVIA ZUBER 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.receiv_ed within _s.uch TWENTY (20) days. COO / CU -A� Dale W. Waine hairman J, cc: Town Clerk Planning Board Building 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, February 11, 1994, at 1:00 P.M., made the following Decision upon the application of MORRIS H. ZUBER and SYLVIA ZUBER ( "Applicant "), Board of Appeals Case No. 014 -94: 1. Applicant requests a Variance from the frontage requirements of Section 139 -16.A. of the By -law to cure an alleged merger of the subject premises with adjacent land occasioned by the purported inadequacy of Sylvia Lane as a street for purposes of maintaining frontage. The subject premises has 100 feet of frontage on Sylvia Lane; required lot frontage in this district is 40 feet. The subject property is located at 3 Sylvia Lane, Assessor's Map 4244, Parcel 0011, shown on Land Court Plan 6670 -C as Lot 4 (the "Locus "), and is located in the Limited Commercial (LC) zoning district. 2. Our decision is based upon the application and the presentation made by the applicant at public hearing. 3. Applicant informs us that a proposed purchaser of the Locus has been advised by a member of the Nantucket Building Department staff that there is a question whether, after the adoption of the zoning by -law in 1972, the Locus merged with adjacent property held in common ownership upon the basis that Sylvia Lane, a private way, was not a "street" along which "frontage" can be measured, and that the conveyance of the Locus out of common ownership in 1981 constituted a violation of the zoning by -law. 4. The Locus, shown as Lot 4 upon Land Court Plan 6670 -C, was created prior to the adoption of the Nantucket Zoning By -law by virtue of an Approval Not Required ( "ANR ") subdivision plan, endorsed by the Nantucket Planning Board on January 8, 1971. The Locus and adjacent land shown as Lot 3 on said plan were purchased by John L. Hardy and Lillian F. Hardy on April 16, 1971. Lot 3 was divided into Lots 6 and 7 on Land Court Plan 6670 -D by virtue of an ANR plan endorsed by the Planning Board on August 9, 1971; Lot 6 was sold to an abutter on September 21, 1971, and the Locus and Lot 7 (the remainder of the land shown as Lot 3 upon Land Court Plan 6670 -C) remained in common ownership until the Hardys sold the Locus to the applicant's predecessor in title on November 2, 1981; they have not been in common ownership thereafter. 5. Prior to considering the request for variance relief, we must first look to the issue of whether the private way known as Sylvia Lane constituted a street for purposes of measuring frontage in 1981, when the alleged zoning violation was created. The zoning by -law then in effect defined street as follows: "25. Street. A public or private way, alley, lane, court, sidewalk and such parts of public squares and public places as form traveled parts of highways." Town of Nantucket - Zoning By -Law, Amended through April 7, 1981, §2, Definitions. We find that Sylvia Lane has been shown as a way upon recorded plans since 1961, and has been traversed as a way since a time prior to 1971. Sylvia Lane is shown upon the town's assessing maps as a way, and other residential properties have their street addresses on and maintain their frontage from Sylvia Lane. Structures have been built upon the Locus pursuant to validly issued permits from the Nantucket Building Department, and Certificates of Occupancy have issued on said permits. The fact that Sylvia Lane is delineated on the Land Court Plan by a dotted line and is located wholly within the boundaries of the Locus does not disqualify it from status as a "street" for zoning purposes. 6. Based upon the foregoing, we find that Sylvia Lane constituted a street in 1981 for purposes of maintaining frontage therefrom, and that the conveyance of the Locus out of common ownership did not create a zoning violation. Accordingly, we need not even address today the question of whether or not the substantive requirements for variance relief are met, since no such relief is required there being no zoning violation to correct. If and to the extent that Sylvia Lane may not satisfy the current Zoning By -law's definition of "street ", the Locus is validly grand fathered from that modern definition. 7. By UNANIMOUS vote, we hereby deny applicant's request for a Variance from Section 136 -16.A. of the zoning by -law, specifically finding that Sylvia Lane was a street for zoning purposes at the time the Locus was conveyed out of common ownership in 1981, and that no zoning violation occurred as a result of that conveyance. Dated: February /O , 1994 RECEIVED TOWN CLERK'S OFFICE N ?',Ni_UCKET, MA 02 554 FEB 18 1994 CLERK:__va, kah /44 /ZUBER ale W. Wai e Mnda F. Williams w R. 1� Am--) William P. Hourihan, J . C AdV,,Z�_ Ann Ba as ZONING BOARD OF APPEALS South Beach Street Nantucket, Massachusetts 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held at 1:00 P.M., Friday, February 11, 1994, in the Town and County Building, Board Street, Nantucket, Massachusetts on the application of: MORRIS H. ZUBER and SYLVIA ZUBER Board of Appeals File No. Q/ -94 Applicants request a Variance from the frontage requirements of Section 139 -16.A. of the By -law to cure an alleged merger of the Locus with adjacent land occasioned by the purported inadequacy of Sylvia Lane as a street for purposes of maintaining frontage. The Locus has 100 feet of frontage on Sylvia Lane; required lot frontage in this district is 40 feet. The Premises are located at 3 Sylvia Lane, Assessor's Map 4244, Parcel 0011, Lot 4 as shown on Land Court Plan 6670 -C. The Premises are located in the Limited Commercial (LC) zoning district. c oat4l�_� Da e W. Waine , Chairman kah /42 /ZUBER BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 r,1`C , (. �, CASE No . V "I APPLICATION FOR RELIEF Owner's name(s): Morris H. Zuber and Sylvia Zuber Mailing address: c/o Reade & Alger P.C., P.O. Box 26691 Nantucket, MA 02584 Applicant's name: Same Mailing address: same Location of lot: Assessor's map and parcel number 4244 - 0011 Street address: 3 Sylvia Lane Registry Land Ct Plan, Plan We ' Pq er Plan File 6670 -C Lot 4 Date lot acquired: _2_1111 86 f 86 Title 12639 _,_ Zoning district LC Uses on lot - commercial: None X or MCD? - number of: dwellings 1. duplex_ apartments rental rooms_ Building date(s) : all pre -8/72? No. or C of 0? x .Building Permit appl'n. Nos. 2330 -82 3046 -83 Case Nos. all BoA applications, lawsuits: 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 X if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a noncom orming use). If appeal per 139 -3JA & B _ attach decision or order appealed. OK to attach addendum . Applicants request a Variance from the frontage requirements of Section 139 -16.A. of the By -law to cure an alleged merger of the Locus with adjacent land occasioned by the purported inadequacy of Sylvia Lane as a street for purposes of maintaining frontage. The Locus has 100 feet of frontage on Sylvia Lane; required lot frontage in this district is 40 feet. , Items enclosed as part of this Application: orderl addendum2 Locus map x Site plan 'x showing present . +planned structures Floor plans present proposed T elevates (HDC aapproved ?_) Listings lot area frontage setbacks GCR parking data_ Assessor- certifie =addressee Tfst 4 sets_ x ma�ling labels 2 setsx 200 fee payable to Town.of Nantucket x proof 'cap' covenant (If an appeal, ask Town'Clerk to sen3 Bldg Comte s record to BoA 7F I certify that the requested informatiori'submitted is substantially complete and true to the best of my knowledge, under the pains and penalties o1 perjury. SIGNATURE: Sf)1 - �J Applicant Attorney /agent x 3(If not owner or owner's attorney, enclose proof of authority) ' FOR BoA OFFICE USE % Application copies recd: 4_.L/or— for BoA on �GJ� by One copy filed with Town Clerk on�/�/4 by complete ?T One copy each to Planning Bd and Building Dept by%Ci? $200 fee check given Town Treasurer on by waived? r Hearing notice posted/` �-! mailed -/ L L I & Hearing(s) on_/_/_ cont'd tom,_/_, withdrawn ?,_ / _/_ Decision due by_/_/_ made�f_ -_/_ filed TC_/_/_ mailed--/_J_ See related cases lawsuits other