The URL can be used to link to this page

Home My WebLink About022-94TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: May , 6 19 94 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: MOHR 022 -94 CAROLINE B. STELLMAN AND EMILY B. 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 received within such TWENTY (20) days. e W. Waine Chairman_ cc: Town Clerk Planning Board Building Commissioner TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 29 9 Cabot Lane Parcel 90 Land Court Plan 8443 -B R -1 Lot 1 Cert. of Title 10,551 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P.M., Friday, March 11, 1994 and continued to Friday, April 8, 1994, in the Selectmen's Meeting Room, Broad Street, Nantucket, Massachusetts, on the Application of CAROLINE B. STELLMAN AND EMILY B. MOHR, c/o Theodore L. Tillotson, P.C., P.O. Box 1530, Nantucket, MA 02554, Board of Appeals File No. 022 -94, the Board made the following Decision: 1. The Owner /Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning By -Law §139 -32A to divide an existing lot containing 1.7+ acres into 2 lots, the smallest of which will contain 7,800+ square feet and which will have only 19.98+ feet of frontage on a public way in a district that requires 50 feet and contain a structure that will have a zero foot side yard setback on the northwesterly side in a district that requires a five foot side yard setback. The second lot will contain 67,000+ square feet of area and will conform to zoning requirements. The elevation change between the two lots is 40± feet due to the steep bank. The premises are located at 9 Cabot Lane, Assessor's Map 29, Parcel 90, as shown on Land Court Plan 8443 -B, Lot 1. The property is zoned Residential -1. 2. The Decision is based upon the Application and materials submitted with it; the testimony and evidence presented at the hearing; one letter in opposition and one letter in support for the Application; testimony from abutters present at the hearings; and an unfavorable recommendation from the Planning Board. 3. Applicants represented that the Locus is divided naturally by a steep 40+ foot cliff with the smaller portion-on top of the cliff and the larger, 67,000 SF portion below the cliff. The lot is a result of a 1957 subdivision that created Lot 1 (the Locus) and Lot 2, as shown on Exhibit "A" attached hereto. Lot 2 was conveyed out of common ownership to a relative of Applicant's family and through conveyance within the family, the present Applicants received title to the property in 1981. After subdivision the smaller, upper (022-94) -2- new lot would contain 7,800 square feet of area and contain the existing single family dwelling that encroaches upon the northwesterly side lot line, having a zero setback with a portion of the structure sited within the "way" abutting the property. It will have only 19.98+ feet of frontage on a public way in a district that requires 50 feet. The larger, 67,000 square foot lot will have adequate frontage and contain substantial wetlands. Applicants represented a desire to convey one lot to one of the family members that currently has an interest in the existing single family dwelling and lot as presently configured. 4. Several abutters expressed concern that the subdivision of one lot into two would increase the density of the neighborhood by then allowing construction of another, possibly two, dwellings on the lower lot. Zoning irregularities would be exacerbated as the upper lot would then become non - conforming as to frontage. They felt that the Applicants have not demonstrated uniqueness of the situation as many lots in the area also contain areas of land below the cliff and any hardship was of the Applicants'creation. A secondary dwelling was possible without relief from the Zoning Board of Appeals. 5. Applicants had been asked at the March meeting to ascertain whether they would be able to subdivide the property through the Planning Board and create new lot lines that would afford adequate frontage for both lots. Applicants did not provide any information on this point at the April meeting. 6. The Board finds that there are not sufficient grounds to support the issuance of a Variance. Uniqueness of soil, shape or topography was not demonstrated and any hardship issues are of the Applicants'own creation. A substantial hardship is found only when the landowner cannot make reasonable use of his property for purposes, or in the manner, allowed by zoning ordinance; Kirkwood v. Board of Appeals of Rockport, 458 N.E. 2d 1213, 17 Mass. App. 423, 1984. To find a substantial hardship, the landowner must be deprived of virtually all practical use of the property; Cavanaugh v. diflumera, 401 N.E. 2d 867, 9 -Mass. App. 396, (1980). Further the hardship cannot be a result of the landowner's own making; Shafer v. Zoning Board of Appeals of Scituate, 511 N.E. 2d 635, 24 Mass. App. Ct. 966, (App. 1987), Arrigo v. Planning Board of Franklin, 429 N.E. 2d 355, 12 Mass. App. 802, review denied 440 N.E. 2d 1173, 385 Mass. 1101, (1981). As in both Shafer and Arrigo, the Applicants are creating their own hardship by creating a lot that is substantially deficient with respect to frontage. Id. Moreover, the Applicants have full use of the lot as it exists, having the right to construct a secondary dwelling unit on the lot. 7. Accordingly, the Board finds that the requirements for grant of relief by Variance under Zoning By -Law §139 -16A, have not been met and said Variance relief is DENIED by a unanimous vote. Dated: May a(� 1994 RECEIVED TOWN CLERK'S OFFICE - NANTUCKET. MA 02554 1 MAY 2 0 1994 TIME: - Dale W. Waine CLERK: `� �� (,022--94) -3- `W fY6,y,/Aohr 02j -9r,( RECEIVED TOWN CLERK'S OPI=rr- NA JTUCKFT NA` d. MAY 2 0 1994 111vic— — - - -- --- . ---- - - - - -- CLERK:_ -. - - Linda F. Williams dGlL%i t . Ann las G Michael Angelastro William Hourihan Zoning Board of Appeals South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, March 11, 1994, in the Town and County Building, the Selectmen's Meeting Room, Broad Street, Nantucket, Massachusetts, on the Application of: CAROLINE B. STELLMAN AND EMILY B. MOHR BOARD OF APPEALS FILE NO. 022 -94 Owner /Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning By -Law §139 -32A to to divide an existing lot containing 1.7± acres into 2 lots, the smallest of which will contain 7,800± square feet and which will have only 19.98± feet of frontage on a public way and which will have no side -line setback as required by Nantucket Zoning By -Law §139 -16 on the northwesterly side -line. The second lot will contain 67,000± square -feet and conform to zoning. The elevation change between the two lots is 40± feet due to the steep bank. 50 feet of frontage, a minimum lot size of 5000± square feet and a 5 foot side yard setback is required in this zoning district. The premises are located at 9 CABOT LANE, Assessor's Map 29, parcel 90, as shown on Land Court Plan 8443 -B, lot 1. The property is zoned Residential -1. Dale W. Waine, Chairman BoA Form 1 -89 NANTUCKET ZONtNO DOA W OF APPEALa TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No. O 2Z-q APPLICATION FOR RELIEF Owner's name(s): CAROLINE B. STELLMAN & EMILY B. MOHR c/o Theodore L. Tillotson, P.C. Mailing address: P.O. Box 1530, Nantucket MA 02554 =1530 Applicant's name: same Mailing address: same Location of lot: Assessor's map and parcel number 29 -90 Street address: 9 Cabot Lane 1WXj1 Xj Land Ct Plan, )=X&XRgX =XDa=XRtWX 8443 -B Lot 1 Cert. of Title Date lot acquired: ±j� 83 f��ic��t /10, 551 Zoning district R -1 Uses on lot - commercial: None X or MCD ?AQ_ - number of: dwellings 1 duplex 0 apartments 0 rental rooms 0 Building date(s): all pre-8/72? Yes = Predate 1931 C of 0 ?11a- Building Permit appl'n. Nos. N/A Case Nos. all BoA applications, lawsuits: N/A State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and wh t grounds you urge for BoA to make each finding per Section W � 139 -32 X if Variance, 139 -30A if a Special Permit (and 139 -33A U i o alter or extend a nonconforming use). If appeal per 139 -3A a& !, attach decision or order appealed. OK to attach addendum . Q rn�C Applicant seeks Variance per Section 139 -32A to divide existing Wc02 rn > V l011t ntaining 1.7 Acres + into 2 lots, the smallest of which will con - W (ri- d'' 'in ,800 sq. ft. + and which will have only 19.98 feet frontage on W J U C-2 pub is way and which will have no side -line setback as required by U w S�cti n 139-16 on the northwesterly side -line. The second lot will ZM V -cdnta n 67,100 sq. ft. + and conform to zoning. The elevation change :;� z b�twgen the two lots is 40 ft. + due to the steep bank. Owner /applicant 00 z a e &wo sisters, each of whom desire their own dwelling. Basis of var- 1 nc is topography /sha e of lot which is unique to owner's lot; literal _ iment Pn Pmen -h and 1;ejjef may lit Items et 'e 'iosed gaoso par ofL is �1pp iea�tia` t order�ose adc�eonc�ut�2 by-law. Locus map X Site plan X showing present X +plannedlo� s trunDinmumui Floor plans present proposed elevations (HDC approved ?_) Listings lot area frontage setbacks GCR,� parking data Assessor- certifie3 addressee 1st 4 sets X mailing labels 2 setsx 200 fee payable to Town of Nantucket x proof 'cap' covenant (If an appeal, ask Town Clerk to senT Bldg Comrrs record to BoA7F I certify that-th requested nformation submitted is substantially complete and true Ito the best of my knowledge, under the pains and penalties o zpelr. ury. a o e S el an` -S_ i.ly B. Mohr SIGNATURE: By= - -r� .Applicant Attorney /agent X 3(If not own r or owner's attorney, enclose proof of authority)