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HomeMy WebLinkAbout18-17 8 Coffin RoadFee: $450.00 ir-=°A1 D P A J 132017 p► TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION PLANNING OFFICE JUN 13 2011 RECEIVED i N w a 3 I File No. Owner's name(s): Steven E. Phillip and Carrie A. Phillip /5F-/7 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 �z z --q 0 r_0 n 1 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 n 6y- � �, / !jl s" N i u p M ` FA o co I- m a 1 a � 4 N yt 3 co Q " :11tTa o n ^` a e w a Z _ w U O W O b O / / SAD / / . CO / / m N F n 1L L �i E 5 -_�Ti a e 1-14 ^ e n, Town of Nantucket Zoning Board of Appeals �1 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 apgR00" VSO JUVV � ss�ssORs Nq T01VN • M,q Lo Z H E ~ H a� a� W H 7 H �z ❑❑ z z z z z U U H ❑ ❑ ❑ ❑ ❑ K C C F E. 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C Z❑ T£ E- x Z E£ H S d m O X O W Q X U Q Z V Z a h i. a N W g❑ D Q£ p W W w m a Z O Z a W F E- m 6 C F 4 C x 0 w w 0 w W x Q Z a z m F m N 3 a U❑ m a w W 3 C . m e N r r m m m m m m m m m m m m m m m v a r 0 N �O 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. 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