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Home My WebLink About031-92TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: 19 92 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: — Application No.: 031 -92 Owner /Applicant: HELEN FERGUSON Enclosed is the Decision of the BOARD OF AP ?EALS vhich has this day been filed in the office of the Nantucket Town Clerk an Aooeal from this Decision may be taken pursuant to Section 17 Of Chapter !10A, O assachusettS Genera! LaiiS. T_-y cct1On _ p- ?31_;:g the :CC1SiO1 must be by ., i7.1 g �a:1 t=v '71ai:it in ccU n1t _n _ _ th1S daytS Cate. �Otice, of the aC`101 td1Lh a COp�✓ O� iiie com-,D a' ^.t -and cer l �lied COP'y O� the DeclslOn .:gust ^.2 given t F1-.a ._ " ..;n Clean_ s-D trJ SuC O T �j (20) days. e -r! J. /LeIchter., Ch 3i r .,?n cc: To:.,n Clergy; Planning Board Building Commissioner ZONING BOARD OF APPEALS 10 South Beach Street Nantucket, Mass. 02554 Map 73 -4 -1 14 Lindberg Avenue, Siasconset Parcels 11, 12, 13, 14, & 33 3 South Road, Siasconset R -2 129/526 Nantucket Probate 88P- 0086 -EF At a Public Hearing of the ZONING BOARD OF APPEALS held at 1:00 P.M., Friday, March 6, 1992, in the Town and County Building, Broad-Street, Nantucket, Massachusetts, on the Application of HELEN FERGUSON, Board of Appeals File No. 031 -92, the Board made the following DECISION: 1. Applicant is seeking relief by Variance under §139 -32A of the Zoning Bylaw from the requirements of §139 -16A (Intensity Regulations - minimum lot size) to allow use of a portion of the premises, comprised of Assessor's Map 73.4.1, parcel 11 and part of parcel 12, as a lot separate and apart from Applicant's other property. If granted, the relief requested would result in separation of the existing property into one 10,000 S.F. lot and one 25,900 S.F. lot; a minimum lot size of 20,000 S.F. is required in the district. In addition, Applicant requests relief by Variance under §139 -32A from the requirements of §139 -16A (Intensity regulations - ground cover ratio) to allow a maximum ground cover of 1,500 S.F. upon the 10,000 S.F. lot, or 15 %; a maximum ground cover of 12.5% is allowed in the district. The premises are located at 6, 10, and 14 LINDBERG AVENUE and 3 SOUTH ROAD, SIASCONSET, Assessor's Map 73.4.1, parcels 11, 12, 13, 14, and 33, as shown in Plan Book 11, page 4, Section 2, Lots 21, 23, 24, 25, and 26. The property is zoned R -2. 2. The Decision is based upon the Application and materials submitted with it, the testimony and evidence presented at the hearing, three letters in opposition to the relief requested, and an unfavorable recommendation from the Planning Board. 3. Applicant stated that the lots in question had been subdivided prior to the 1972 imposition of zoning, with separate title histories from the time of the original subdivision until about 1960. When zoning was adopted, the area was originally zoned for 5,000 S.F. minimum lot size, but the area was upzoned to 20,000 S.F. in 1984. According to the testimony, the owner, Applicant's sister and predecessor in title, was unaware of the change. The lots continued to be separately taxed and assessed as buildable lots, except for the two lots upon which the existing house sits, which have merged. 4. The lots presently are 4,100 S.F. below the minimum required to subdivide into two conforming lots. Application No. 031 -92 DECISION 5. In addition to the letters in opposition, two abutters and one representative of the Nantucket Land Council, Inc., spoke in opposition, citing the fact that the area had been upzoned, that the owner could have conveyed the lots into separate ownership during the applicable freeze period to protect the lots, and that the applicant was attempting to subdivide one of the lots, not just separate merged lots. ` 6. Applicant cited the numerous cases in which the Board has granted Variance relief to cure merger, including Toner (023- 89), Heller (004 -91), Epple (083 -91), and, in the immediate vicinity, Eckstein (067 -91). While many of the same factors are present in this application as were in those cited, in all of the previous cases, the lots were split along existing lot lines. Here, the requested relief would split the property into completely new lots and create a new lot line which had never before existed. 7. By a 1 -4 vote (Williams in favor, Leichter, Balas, Waine, and Angelastro opposed) upon a motion to grant the relief requested, as specified in paragraph 1 of this Decision, the Board DENIES the request for relief. Date • �(�( Robert J. Leichter Linda F. Williams Ann Ualas 4W ale �Wai-ne IIJ19 Michael Angelastro J /t5-S( 2 ZONING BOARD OF APPEALS 14 South Water Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, March 6, 1992, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: HELEN FERGUSON Board of Appeals File No. 031 -92 Applicant is seeking relief by Variance under §139 -32A of the Zoning Bylaw from the requirements of §139 -16A (Intensity Regulations - minimum lot size) to allow use of a portion of the premises, comprised of Assessor's Map 73.4.1, parcel 11 and part of parcel 12, as a lot separate and apart from Applicant's other property. If granted, the relief requested would result in separation of the existing property into one 10,000 S.F. lot and one 25,900 S.F. lot; a minimum lot size of 20,000 S.F. is required in the district. In addition, Applicant requests relief by Variance under §139 -32A from the requirements of §139 -16A (Intensity regulations - ground cover ratio) to allow a maximum ground cover of 1,500 S.F. upon the 10,000 S.F. lot, or 15 %; a maximum ground cover of 12.5% is allowed in the district. The premises are located at 6, 10, and 14 LINDBERG AVENUE and 3 SOUTH ROAD, SIASCONSET, Assessor's Map 73.4.1, parcels 11, 12, 13, 14, and 33, as shown in Plan Book 11, page 4, Section 2, Lots 21, 23, 24, 25, and 26. The property is zoned R -2. 1 Linda F. Williams, Vice Chairman BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 �� .i CASE No. _ Q31 APPLICATION FOR RELIEF Owner's name(s): Helen Ferguson Mailing address: c/o Reade & Alger P.C., P.O. tox 2669, Nantucket, MA 02584 Applicant's name: Helen Ferguson Mailing address: c/o Reade & Alger P.C., P.O. Box 2669, Nantucket, MA 02584 Location of •lot:• Assessor's map and parcel number 73.4. 1- 11, 12, 13, 14 and 33 Street address: 6, 10, and 14 Lindberg Avenue and 3 South Road X11 Page R094-UNY rand 96 Plare, Plan Bk h-py Lots 21, 23, 24 Nantucket Probate 88P- 0086 -EF and 26 Date lot acquired: __I/_L/ 88 Deed Ref Zoning district R -2 Uses on lot - commercial: None X or MCD? - number of: dwellings 1 duplex apartments rental rooms - Bui;ding date(s): all pre - 8/72? or No C of O? No Building Permit appl'n. Nos. 906 -78 Case Nos. all BoA applications, lawsuits: State fully n11 .zoning relief.sougght 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 & B if to alter or extend a nonco�orming use). If appeal per 139 -3JA _ , 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 use of .a portion of the premises comprised of Assessor's Parcel 73.4.1 -11 and part of Assessor's Parcel 73.4.1 -12 as a lot separate from applicant's other property. Required lot size is 20,000 square feet; variance relief would result in one.10,000 square foot lot and one 25,900 square foot lot. Applicant further requests a variance from ground covert requirements to allow ground cover of 1,500 square feet upon the 10,000 square - foot lot. Items enclosed as part of this Application: orderl addendum2 Locus maps Site plan x showing present • +planne structures Floor plans present proposed,�'elevatins (HDC approved ?_) Listings lot area x- 'rontage x, setbacks GCR parking data Assessor- certifiecT addressee lit 4 sets x maj.lTng labels 2 setsx 1200 fee payable to. Town. of Nantucket X proof 'cap' covenant — (If an appeal, ask Town•Clerk to sen3-9ldg Comm s record to BoA•T I certify that the requested informatioji submitted is substantially complete-and true to the best of my knowledge,' under the pains and penalties of pe SIGNATURE: Applicant_ Attorney /agent X 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA. OFFICE US GI � Application copies recd: 4 ox for BoA oq��//bby 60j..) One copy filed with Town Clerk on�y complete? V One copy each to Planning Bd and Building Dept.�y $200 fee check given Town Treasurer on�fY� waived? Hearing notice poste _ ailed_2.1L L & M -Mg el Hearings) on_/_/_ cont'd to—/L/_ withdrawn ?_ /_/_ Decision due by_/_/_ madeJ_•,/� filed TC_/_/_ mailed_/_ See related cases, lawsuits other