HomeMy WebLinkAbout18-17 8 Coffin RoadFee: $450.00
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
PLANNING OFFICE
JUN 13 2011
RECEIVED i
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File No.
Owner's name(s): Steven E. Phillip and Carrie A. Phillip
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Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP
6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584
Phone Number: 508 - 228 -3128 E -Mail: air @readelaw.com
Applicant's name(s): Same
Mailing Address: Same
Phone Number: Same E -Mail: Same
Locus Address: 8 Coffin Road Assessor's Map /Parcel: 91 -9.5
Land Court Plan No. 5004 -76 Lot 964
Certificate of Title: 25299 Zoning District Limited Use General -3 (LUG -3)
Uses on Lot- Commercial: None Yes (describe)
Residential: Number of dwellings' Two Duple; Apartments
Date of Structure(s): all pre -date 7/72 No or
Building Permit Numbers:
Previous Zoning Board Application Numbers:
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508- 228 -7298 facsimile
ERA application for 7- 2017.dors
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State below or attach a separate addendum of specific special permits or variance relief applying for:
The applicants seek variance relief in order to confirm that locus,
although shown as a single lot on the Land Court plan, actually
consists of two separately conveyable and buildable lots. Locus is
bisected by Coffin Road, which was created long before zoning
requirements came into existence in Nantucket, At the time when the
current Land Court plan was prepared, in 1988, Coffin Road was an
unimproved private way, or "paper street ". However, subsequently
Coffin Road became the approved access road for the Wright's Landing
subdivision, and was constructed by the developer of that subdivision
through locus from the south for access to and from Tom Nevers Road,
pursuant to the terms of subdivision approval (to which the applicants
and their predecessor in title were not parties).
As ricfi ned in the Nantucket Zoning By-law, a "Lot" -is:
A tract of land in common ownership, including land under water, not divided by a street,
which may include multiple parcels of adjacent land in common ownership to the extent
necessary to eliminate or minimize zoning nonconformities.
The By -law defines a street as including:
A way shown on a plan approved and endorsed by the Nantucket Planning Board in
accordance with the Massachusetts Subdivision Control Law and which has been
improved and constructed in accordance with the requirements of such approval.
The result of the Planning Board approval of the Wright's Landing
subdivision was thus to convert Coffin Road into a "street ", thereby
resulting in the separation of the southwesterly portion of locus,
now separated from the rest of locus by a street. (The northwesterly
portion of locus, also lying to the west of the layout of Coffin Road,
has not been thus separated, because the portion of Coffin Road lying
to the north of the entrance to Wright's landing has not been
constructed.)
A plan by Blackwell & Associates, inc., dated June 12, 2017, showing
the southwesterly portion of locus as Lot B and the remainder of locus
as Lot A, is filed herewith.
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
SIGNATURE: Steven E. Philllt) and Carrie A. Phillip Owner*
By:
SIGNATURE: V :'k.pplieant /Attorney /Agent
Arthur I. Reade, Jr.
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508- 228 -7298 facsimile
28A application for 7- 2017.d-
ToWn Anri (-oiinfx/nf Nanhirkpf MA
June 12, 2017
Property Information
Property 919.5
ID
Location 8 COFFIN RD
Owner PHILIP STEVEN E & CARRIE A
1" = 268 ft
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town and County of Nantucket, MA makes no
claims and no warranties, expressed or implied,
concerning the validity or accuracy of the GIS data
presented on this map.
Parcels updated December, 2014
Properties updated 06/12/2017
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Town of Nantucket
Zoning Board of Appeals
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LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER ... 6 +5!Q �..f .. � .... urrie .:..i?h � 1'�P ...............
MAILING ADDRESS,....c /o Reade, - Gulli cksern, Hanley., & Gifford; LLP
PROPERTY LOCATION .... .. °. . n... RO....! ...................... . ............ .
ASSESSOR MAP /PARCEL.. 1. .q.•..S .... I ........ . ....... .
SUBMITTED BY.,......, Reade, Gullicksen, Hanley & Gifford, UP
...., ...... I .................
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons who are owners of abutting
property, owners of land directly opposite on any public or private street or way;
and abutters of the abutters and all other land owners within 300 feet of the
property line of owner's property, as they appear on the most recent applicable tax
list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B
(Z)•
DATE ASSESSOR'S OFFICE
TOWN OF NANTUCKET
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76
LEDOUX BRUCE 111 & LINDA J
6 ANGELICA DRIVE
SOUTHBOROGH, MA 01772
76
NANTUCKET CONSERVATION FOUND I
PO BOX 13
NANTUCKET, MA 02554
91
BRAUMAN RICHARD TRST ETAL
WR16HTS LANDNG HOMEOWNERS
2 GREGLEN AVE PMB # 292
NANTUCKET, MA 02554
91
TOOLE MICHAEL L
PO BOX 369
SIASCONSET, MA 02564
91
STONE MICHAEL L ETAL
61 ANTHONY BOULEVARD
LINCOLN PARK, NJ 07035
91
SANJENIS MICHAEL & JULIE
1107 5TH AVE
NEW YORK, NY 10128
91
WULLSCHLEGER JEANNE S
11872 SE VILLAGE DRIVE
TEQUESTA, FL 33469
91
PHILLIP STEVEN E & CARRIE A
PO BOX 3085
NANTUCKET, MA 02584
91
COHEN STEVEN L TRST
C/O HAASE RANDALL
37 MOUNTAIN AVE
MAPLEWOOD, NJ 07040
91
DESMOND MARCIA C TRST
MC DESMOND LIVINIG TRUST AGRMNT
333 RICCIUTI DRIVE # 1404
QUINCY, MA 02169
91
BROWN KIMBALL C
P0 BOX 3100
NANTUCKET, MA 02584
91
LOVELL ROBERT C & CLARA JANE
PO BOX 158
EGYPT, TX 77436
91
RENZ JONATHAN H & BARBARA G
79 CIRCLE DRIVE
GREENWICH, CT 06830
91
FEENEY DAVID L & KATHLEEN A TRST
7 SEMINARY LANE
GRANITE SPRINGS, NY 10527
91
WHEATLEY NANCY J
P O BOX 873
SIASCONSET, MA 02564
91
RAVITZ MICHAEL D & AMY S
P 0 BOX 2068
NANTUCKET, MA 02584
91
INF REALTY REVOCABLE TRUST
16 BRIMMER ST APT 2
BOSTON, MA 02108
�� : NT '.� r.=
is`." M CLERK
2011 AUG I I PM 1= 58
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: August 10, 2017
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 18 -17
Owner /Applicant:
STEVEN E. PHILLIP and CARRIE A. PHILLIP
Property Description:
8 Coffin Road
91/9.5
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 Nantucket Superior Court or 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 91, Parcel 9.5 Land Court Plan 5004 -76
8 Coffin Road Lot 964
Limited Use General -3 Certificate of Title No. 25299
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, July 13,
2017, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of STEVEN E. PHILLIP and CARRIE A. PHILLIP,
c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts
02584, File No. 18 -17:
2. The applicants are requesting relief by Variance under Nantucket Zoning By -law § 139-
32 from the Intensity Regulations under By -law § 139 -16, in order to confirm and validate the
division of locus, consisting of Lot 964 on Land Court Plan 5004 -76, into separate lots as defined
in By -law § 139 -2 by virtue of action of the Town of Nantucket in connection with the approval
of a subdivision plan of adjacent property and improvement of Coffin Road across locus as a
condition of such approval. Locus consists of two lots, as shown upon the plan by Blackwell &
Associates, Inc., dated June 12, 2017, a reduced copy of which is attached hereto (the "Blackwell
Plan "; Lot A on the Blackwell Plan contains 164,0261 square feet and has road frontage in
excess of 200 feet, while Lot B on the Blackwell Plan contains 35,447± square feet and has
frontage of 137.53 feet on Coffin Road. Minimum lot area in this Limited Use General ("LUG -
3") zoning district is 120,000 square feet, and minimum frontage is 200 feet. Locus is situated at
8 COFFIN ROAD, and is approximately shown on Nantucket Assessor's Map 91 as Parcel 9.5;
title is held by the applicants under Certificate of Title No. 25299 at Nantucket Registry District.
3. Our decision is based upon the application and accompanying materials, and
representations and testimony received at our public hearing. There was no Planning Board
recommendation. Several letters in opposition were received by the Board of Appeals in
advance of the public hearing; one neighbor, and counsel to another, presented opposition at the
public hearing.
4. As presented by the applicants, locus is shown as Lot 964 on Land Court Plan 5004 -76
and is traversed by "Coffin Road" as shown with dashed lines upon that plan and prior plans of
record. (Coffin Road was originally shown with a solid line separating it from the land on each
side on earlier Land Court Plans.)
5. Prior to the approval of the Wright's Landing subdivision (as shown on Land Court Plan
5004 -84) by the Nantucket Planning Board, and the improvement of Coffin Road as a paved
access road to the subdivision from Tom Nevers Road to the south, required by the Planning
Board as a condition of approval, Coffin Road was an unimproved private way (effectively, a
gaper street), which did not constitute a "Streef'within the definition set forth in By -law § 139 -2.
which reads in relevant portion as follows:
STREET
(2) A way shown on a plan approved and endorsed by the Nantucket
Planning Board in accordance with the Massachusetts Subdivision Control Law
and which has been improved and constructed in accordance with the
requirements of such approval.
As a way improved in accordance with the conditions of subdivision approval, Coffin Road
became a "streef'within the By -law definition, between Tom Nevers Road and the entrance to the
Wrighfs Landing subdivision roadway within locus.
6. The effect of Coffin Road's becoming a roadway, as a result of Town of Nantucket action
through approval of the subdivision plan requiring its improvement, was that locus was divided
into two lots, because of the definition of" Lof'under By -law § 2, as follows:
LOT...
A tract of land in common ownership, including land under water, not
divided by a street, which may include multiple parcels of adjacent land in
common ownership to the extent necessary to eliminate or minimize zoning
nonconformities.
Effectively, this Town of Nantucket action constituted a taking of a portion of locus, since the
part lying to the west of Coffin Road between the southerly boundary of locus and the entrance
to the Wrighfs Landing roadway could no longer be a part of the same lot as the remainder of
locus. (The portion of Coffin Road between the Wrighfs Landing roadway and the northerly
boundary of locus has not been improved and thus does not constitute a "Street' within the By -law
definition.)
7. Based upon this history, it is clear that locus, although now shown as a single lot on Land
Court Plan 5004 -76, consists of two "Lots' for zoning purposes. The applicants seek relief by
Variance from the intensity regulations contained in By -law § 139 -16.A, as set forth above, in
order to ratify and confirm this division of locus into two separate lots, for zoning purposes, by
operation of the By -law provisions, and specifically to determine the status of Lot B as a separate
buildable and conveyable lot.
8. Based upon the history recited above, the Board of Appeals found, that Lot B was created
as a lot separate from Lot A by action taken by the Town of Nantucket, through the Planning
Board, by requiring the improvement of the portion of Coffin Road lying between Lots A and B
on the Blackwell Plan in connection with conditions of subdivision approval of a different
property. Thus, Lot B would be useless to its owner in the absence of relief, since it cannot be
3
combined with Lot A because of the By -law definitions of "Street' and "Lot'. Accordingly, the
Board found that variance relief was appropriate in order to confirm the status of Lot B, because
owing to the shape of locus and the Town's action creating a "Street' through it, especially
affecting locus but not affecting generally the zoning district in which it is located, a literal
enforcement of the provisions of the By -law would involve substantial hardship, financial or
otherwise, to the petitioner or appellant, and that desirable relief may be granted without
substantial detriment to the public good and without nullifying or substantially derogating from
the intent or purpose of such bylaw.
9. Accordingly, by a UNANIMOUS VOTE of the sitting Board, the Board grants
VARIANCE relief from the intensity regulations of By -law §139 -16.A as to lot area and
frontage, to confirm the status of Lot B as a valid building lot which may be used and conveyed
separately from Lot A.
Assessor's Map 91, Parcel 9.5
8 Coffin Road
Limited Use General -3
Dated: .2017
Land Court Plan 5004 -76
Lot 964
Certificate of Title No. 25299
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On the I() day of 2017, before me, the undersigned notary public, personall% appeared
Mark W. r one of the above -named members of the Zoning Board of
Appeals of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the
preceding document, and acknowledged that he signed the foregoing instrument voluntarily for the purposes therein
expre ed.
d �-
ffi ial Signature and Seal of Notar7iPublic 5' ;\ nor DORIS C. STRANG
My commission expires: ?
y k; Notary Public O I 09I ,0
Massachusetts
Commission Expires Oct 9, 2020
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