HomeMy WebLinkAbout14-99 & 21-02 2 Tripp DriveDate: December 20, 2016
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
RESCISSION of Application No.s: 014 -99 & 021 -02
Prior Owner /Applicant: DENNIS DIAS
Current Owner /Applicant: SUZANNE GALE
Property Description 2 Tripp Drive
Map 80 Parcel 51.3
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 Land 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.
Eleanor W. Antonietti,
Zoning Administrator
cc: Town Clerk
Planning Board
Building Commissioner /Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND
WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY -LAW
SECTION 139 -30 (SPECIAL PERMITS); SECTION 139 -32 (VARIANCES). ANY
QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT
508 - 325 -7587.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 80, Parcel 51.3 Certificate of Title No. 26171
2 Tripp Drive Shown as Lot 1
Limited Use General 1 (LUG -1) Land Court Plan 37096 -B
DFCISTON-
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, December
8, 2016, at 1:00 PM, (continued from a public hearing held on Thursday, November 10, 2016), in
the First Floor Community Room of the Public Safety Facility at Four Fairgrounds Road,
Nantucket, Massachusetts, the Board made the following decision on the request for
RESCISSION by DENNIS E. DIAS (prior owner and grantee in 2002 Variance decision)
and SUZANNE GALE (current owner), 2 Greglen Avenue, PMB 87, Nantucket,
Massachusetts 02554, File No. 014 -99 and File No. 021 -02:
2. Applicant is seeking to rescind and vacate previous Variance decisions no longer required
by virtue of a recent change in zoning from LUG -2 to LUG -1. The Locus is situated at 2 Tripp
Drive, is shown on Assessor's Map 80 as Parcel 51.3, as Lot 1 upon Land Court Plan 37096 -B.
Evidence of owner's title is registered on Certificate of Title No. 26171 at the Nantucket County
District of the Land Court. The site is zoned Limited Use General 1 (LUG -1).
3. Our decision is based upon the application and accompanying materials, representations,
and testimony received at our public hearing. There was no opposition, written or oral, to the
application. At the meeting on December 6, 2016, the Planning Board voted 5 -0 to support the
request to rescind all previously granted Variance decisions. Since the prior Variances were
granted in 1999 and 2002, the property has been rezoned from LUG -2 to LUG -1 by virtue of
passage by majority vote of Article 15 at Special Town Meeting on October 17, 2016. This
zoning change rendered the Locus conforming as to lot size.
4. At the initial hearing on November 10, 2016, the applicant explained the request for full
rescission of prior decisions. The original decision was issued in 1999, extended in 2000, and
restated in 2002 due to lack of a duly issued building permit. The Variance relief granted
validated the lot as separately marketable and buildable from all adjacent property, restricted it to
one dwelling unit, and permitted vehicular access only off of Tripp Drive. The lot was created as
part of a multi -lot family owned development known as the Tripp Drive Subdivision, approved
in 1982 (PB File #2310), and was granted to Dennis Dias in 1999 as an intra - family gift.
However, this vacant undersized lot (44,476 square feet in LUG -2 where minimum lot size is
80,000 square feet) was held in common ownership with an adjacent lot after 1972 by Catherine
Tripp, the relative who later conveyed to Dennis Dias. Pursuant to the merger doctrine, the
subject lot merged with the adjacent lot. The other 3 buildable lots (Lots 2, 3, and 4) contained in
the subdivision were created having a conforming lot size of at least 80,000 square feet.
2
5. At the November 10th hearing, the Board expressed concerns regarding the conditions
and restrictions imposed by the Planning Board in the Subdivision Approval, as modified in
1999. As these were clearly referenced in the Variance decisions, the Board felt that they should
be eliminated in order to allow for the Zoning Board of Appeals to take corresponding action to
grant the requested rescissions. The Board requested that the applicant obtain a favorable
recommendation for the rescissions at the next available Planning Board hearing. The matter, PB
File #8037, was heard on Tuesday, December 6, 2016, at which time the Planning Board granted
approval to modify the existing Tripp Drive Definitive Subdivision Plan, and more specifically,
and in conjunction with the modification, recommended that the Zoning Board of Appeals
rescind the Variance decisions pertaining to Lot 1.
6. Specifically, applicant and owner seek to rescind the following Variance Decisions:
1) Board of Appeals File No. 014 -99 granted to Catherine E. Tripp and Dennis and
Stephanie Dias — registered as Document 85817 with the Nantucket County Registry
District of the Land Court (as affected by Extension below);
2) Board of Appeals File No. 014 -99 granted to Stephanie and Dennis Dias — registered as
Document 90464 with the Nantucket County Registry District of the Land Court (as
affected by reinstatement below); and
3) Board of Appeals File No. 021 -02 granted to Dennis Dias — registered as Document
97752 with the Nantucket County Registry District of the Land Court.
7. Therefore, based on the application materials and testimony received at the public
hearings, the Board finds that variance relief encumbering Lot 1 is no longer required as the lot
is currently oversized and, as such, a validly buildable lot which may support more than one
dwelling unit. No evidence was presented to support the need for variance relief for waivers
from any sections of the Zoning Bylaw.
8. Accordingly, by UNANIMOUS VOTE of the sitting members of the ZONING BOARD
OF APPEALS, the Board of Appeals rescinded the above - referenced previously issued Variance
decisions.
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9
Assessor's Map 80, Parcel 51.3
2 Tripp Drive
Limited Use General 1 (LUG -1)
Dated:
County of Nantucket, ss
2016
Certificate of Title No. 26171
Shown as Lot 1
Land Court Plan 37096 -B
Lisa Botticelli
A4 ,, �_,k 1�) i
Michael J. O'Mara h�
COMMONWEALTH OF MASSACHUSETTS
On the 22h� day of eCeM6CY' , 2016, before me, the undersigned notary public,
personally appeared eo T Q , one of the above -named
members of the Zoning Board Kf AppealJ of Nantucket, Massachusetts, personally known to me
to be the person whose name is signed on the preceding document, and acknowledged that he
signerwhe foregoing instrument voluntarily for the purposes therein expressed.
4 DORIS C. S i RANG
ffi al Signature and *of a Public kk L Massachusetts
u Public
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