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HomeMy WebLinkAbout16-18 2 Dillon CourtFee: $450.00 Owner's name(s): APPLICATION File No. -18 Edith Ann Ray and Seth H. Dillon, as Trustees of Sixty -Two Miacomet Avenue Nominee Trust 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: 2 Dillon Court Land Court Plan 38026-J, Lot 35 Certificate of Title: 20158 Zoning District Uses on Lot- Commercial: None Residential: Number of dwellings Now vacant Date of Structure(s): NA Building Permit Numbers: NA Previous Zoning Board Application Numbers: None Assessor's Map/Parcel• 67-884 Now Residential -20 (R-20) 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile i -7 G TOWN OF NANTUCKET BOARD OF APPEALS -0C' NANTUCKET, MA 02554 APPLICATION File No. -18 Edith Ann Ray and Seth H. Dillon, as Trustees of Sixty -Two Miacomet Avenue Nominee Trust 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: 2 Dillon Court Land Court Plan 38026-J, Lot 35 Certificate of Title: 20158 Zoning District Uses on Lot- Commercial: None Residential: Number of dwellings Now vacant Date of Structure(s): NA Building Permit Numbers: NA Previous Zoning Board Application Numbers: None Assessor's Map/Parcel• 67-884 Now Residential -20 (R-20) 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: Locus, which contains 5,301 square feet in lot area, was formerly in the Residential Commercial -2 (RC -2) zoning district, in which minimum lot area was 5,000 square feet and maximum ground cover ratio was 50%, and was created as a separate lot by an approval -required subdivision plan endorsed by the Planning Board on March 23, 2009, based upon a preliminary plan filed on April 5, 2007, and approved by the Planning Board. Locus is now in a Residential -20 (R-20) district, in which minimum lot area is 20,000 square feet. The "plan freeze" of the RC -2 zoning expired on March 23, 2017, eight years following the date of endorsement of the plan. Accordingly, the applicants request relief by Variance under Nantucket Zoning By-law §139-32 (Intensity Regulations) from the minimum lot area requirement of 20,000 square feet under By-law §139-16 in order for locus to be used as a residential building lot. The applicants also request Variance relief from the maximum ground cover ratio of 12.5% in the R-20 district to allow maximum ground cover of 1,500 square feet. Further, the applicants request relief by Special Permit under By-law §16.C(1), to reduce minimum side and rear yard setback from 10 feet to 5 feet (with minimum front yard setback of 30 feet to be taken from Miacomet Avenue), as allowed by Special Permit in the R-20 district. 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: Edith -Ann Ray andSeth H. DiCCm'rrustees Owner- SBy* W�& IGNATURE: v Appheaft /Attorney/Agent Arthur I. Reade, Jr. OFFICE USE ONLY Application received on:_/_/_ By: Complete: Need Copies: Filed with Town Clerk:_/_/_ Planning Board:-/-/- Building Dept.:-/-/- By: Fee deposited with Town Treasurer:-/-/- By: Waiver requested: Granted:_/_/_ Hearing notice posted with Town Clerk:_/_/_ Mailed:_ Hearing(s) held on:—/—/— Opened on Continued to:—/—/— Withdrawn:_/_/_ Decision Due By:—/—/— Made:—/—/— Filed w/Town Clerk:—/—/— Mailed:— / -/- 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Town and County of Nantucket, MA II tD. LU 10 nom 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 04/06/2018 SUBDIVISION PLAN OF LAND IN NANTUCKET Charles W. Hart and Associates, Inc., Surveyors March 13, 2009 38026 J YNCOUL7 ( 40.00 Olde ) AVENUE 0.35.5.13, d. h. C.B. d.n.C.& iZ 30.00 40.00 0 0 S.S.M. j O � h 36 35 27 Plan No. 38026 0 Cert. No. 9029 O v ' ` '=40. 00= 40.00= 2.00(E6sement 35.00 —poseUtility4 70.0007de) I I 34 o— WI �I �I al o of � 0 41 I O �O MIA COMET POND Subdivision of Lot 31 (a areot Pand ) Shown on Plan 38026—H Filed with Cert. of Title No. 20158 Registry District of Nantucket County Separate certificates of title may be issued for land shown hereon as Lots 34, 35 and 36 By the Court. September 8, 2009 Recorder ST -0985 ti o m U Copy of part of plan 38026-1 — riled in — L4ND REGISTRATION OFFICE Sept 8, 2009 Scale of this plan 40 feet to an inch TC Ponthriand, Acting Engineer for Court._. 0Q vl� Town of Nantucket Zoning Board of Appeals LIST OF PARTIES IN INTEREST IIT THE MATTER OF THE PETITION OF: 0,�9� 9Fo O,c FiL �'q�P 9SSF 28 sso9s �9tiT��ti C'/h � 10l8 /`Al PROPERTY O)ATNER.Edith Ann Ray and Seth H. Dillon, Trustees of Sixty -Two Miacomet Avenue Nominee Trust .......................................................... MAILING ADDRESS..,. c/o Reade, ; Gullicksen, Hanley.; & Gifford: LLP PROPERTY LOCATION... 2 Dillon Court , , ,, , , , ,,,, , , , , , ASSESSOR "/PARCEL..... Map 67: Parcel 884 SUBMITTED BY.......,, Reade, Gullicksen, Hanley & Gifford, LLP I—— ................... ...... 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 I I and Zoning Code Chapter 40A, Section 139-29B (2)• U Z H E-1 N H Ei a� N U a� E E4 z �z ❑ > > a > > > > > a > > > > > > > > > > a a a a H a a F a a a a a a a a a a 0 W F F E£ E+ F£ F E- E- E F F H F El E- 0 F W U vl m O £ £ £ £ £ £ £ £ £ £ U £ £ £ O Z Z Z UO O O a 0 0 a 0 0 0 0 0 0 0 Z O 0 0 U 0 W W a U U V U U U U U U U U U O D U U a .7 W W£ H H a£ a a£ a N H a H a a r7 a a H£ N x z a££ s a E� a E££ s£� E o E E£ ❑ O H Ol Ol M Om Ill C Ill Ifl M .-I Ol � l0 m O C l0 m N N N l0 tp r H N l0 1p 1p tp IA N Ifl � d' l0 b b b N H H N N r r N N 1 I C O C C C V' C P Ill C C Ifl Ifl Ill N Ifl Yl Ifl N m N IA I() IP I(t I(1 N N N I(t N N N N � IA N U� Ill I(1 Ill m N IA N N In N IA It) N II') It) N O N ul N N N N N N N m N N N N N N N N N N N N O N N Oa 0 0 0 0 0 0 0 0 r O� 0 0 0 0 0 0 0 Oy O O N Oa O £ £ £ E z £ £ £ £ £ £ £ £ £ £ ❑ £ £ Z E F F E E F E F E E -F E+ E F F H F F E F O E F x JL z z Y4 pd z z DL z z z z x `bL z i4 LD x D4 U U U U U U U Z U U U U U U U V V U V U Z V U ❑ 5 ❑ 0 ❑ ❑ Z3 O ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 0 ❑ D ❑ D O F F F E E F E m F E F F F F F F E F E+ F x E F Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z m Z Z a� a a a a a o a a a a a a a a a a a aaa a Z Z Z Z Z z Z W Z Z Z Z Z 2 2 2 Z Z Z Z 3 2 2 3 w Z > z W > > > > W a a > > > > > Q a o a a a wa yy W a m m a a a a z ❑ F FF E F E a O£ F F E H E OL m W W W m m Z c O W E r Z W 0 0 0❑❑ x M H 0 O O O N O N m lc N w rl U V U a a U U x x U U V ❑ X£ a 0 0 a a U 3W a x x a x X wX W x H H x m m O H m m H N O O O 0 0 x £££ m m m m u£ 0 0££% m m£ m m m C O .+ Ol Ol M N to o O Ill M In e m 0 0 O v� O O N N�� r N H H W �O �O RI W IP Ill Ill d m �o w �D lL W a a E a £ w a a a H w Z H m za ❑ z W❑ W 0az W x Z a h F a S a n E W x F w a £ m ❑ tE/] a❑ F a m w a w a W❑ m a W w s£ z° r N w h hu a- F a ,� F W W PI a z Z 14 z Nz £ O z 5 a Q 4 Z N F O Z� O Z U U Z W W '' � F 2 V '' £a' W a H O m�x ❑ H a ❑ h O 3 a H 0G h W PL a h E -E E❑>❑ O O% U h a 94 x a H w W W W 0❑££ O = H m o U' x£ W' l E E x DL z H C C m .] x Um H❑ U 0 0 0 z w a w z z C. 0 E Z O O H Z W F y Wy S a E E �4 2 h W N t°il a M' O q Z N a N O z z x W ` m W W 4 z z [a'J a z vx] x t7 x a O h l0 O N N M C N t0 M C m 0 N N N Ol M C C N !O r Ol IA u7 N N Ill Ill U1 m m Ifl If) 1p tp l0 N C' m m m m m m m M M M M M M M m m to �o a to � to r r r r r r r r r r r r r r r r r 66 67 SHEPHERD JENNIFER SHEPHERD RONNIE L 20 HELENS DRIVE 63 MIACOMET AV NANTUCKET, MA 02554 NANTUCKET, MA 02554 66 67 SMITH LORI A HANSON MONICA J 21 HELENS DR P O BOX 1868 NANTUCKET, MA 02554 NANTUCKET, MA 02554 66 67 FLAHERTY DIANE M & WALTER S HANSON MONICA J 69 MIACOMET AVE P O BOX 1868 NANTUCKET, MA 02554-2721 NANTUCKET, MA 02554 66 67 FLAHERTY DIANE M FUNDERBURG NANCY P & MAYO R 69 MIACOMET AVE 55 MIACOMET AV NANTUCKET, MA 02554-2721 NANTUCKET, MA 02554 66 67 ALBAUGH JOAN P GAMMILL COREY 73 MIACOMET AVE 56 MIACOMET AVE NANTUCKET, MA 02554 NANTUCKET, MA 02554 66 67 NANTUCKET ISLANDS LAND BANK HOWARTH JAMES R & 22 BROAD STREET CREEDON GREGORY C NANTUCKET, MA 02554 58 MIACOMET AV NANTUCKET, MA 02554 67 67 NANTUCKET TOWN OF RAY RICHARD L & EDITH ANN DILL 16 BROAD ST PO BOX 615 NANTUCKET, MA 02554 NANTUCKET, MA 02554 67 67 GALKIN EDWIN N DILLON MIRIAM TRUSTEE 108 BUCHANAN RD SIXTY TWO MIACOMET AVE NOM TR EDISON, NJ 08820 PO BOX 271 NANTUCKET, MA 02554 67 67 AFANASIEVA GALYNA JEKANOWSKI THOMAS R & JEANNE M PO BOX 3740 64 MIACOMET AVENUE NANTUCKET, MA 02584 NANTUCKET, MA 02554 67 67 NESSELRODT DENISE M ANZOVINO JANE 65 R MIACOMET AVE PO BOX 29 NANTUCKET, MA 02554 NANTUCKET, MA 02554 67 SPARROUGH MICHAEL & KATHLEEN ETj 6401 WESTERN AVE N W WASHINGTON, DC 20015 67 RAY RICHARD L & EDITH ANN DILL PO BOX 615 NANTUCKET, MA 02554 67 DILLON MIRIAM TRST SIXTY TWO MIACOMET AVE NOM TR PO BOX 271 NANTUCKET, MA 02554 • o �' TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 to- 0 w Date: August 9 , 2018 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No . : 16-18 Owner/Applicant: EDITH ANN RAY and SETH H. DILLON, as Trustees of SIXTY-TWO MIACOMET AVENUE NOMINEE TRUST Property Description: 2 Dillon Court Map 67 , Parcel 884 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 . E eanor 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 67, Parcel 884 Certificate of Title 20158 2 Dillon Court Land Court Plan 38026-J Residential-20 (R-20) Lot 35 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, opened at 1:00 P.M. on Thursday, June 14, 2018 and closed on Thursday, July 12, 2018, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of EDITH ANN RAY and SETH H. DILLON, as Trustees of SIXTY-TWO MIACOMET AVENUE NOMINEE TRUST, do Reade, Gullicksen,Hanley& Gifford, LLP,Post Office Box 2669,Nantucket, Massachusetts 02584, File No. 16-18: 2. The applicants request relief by Variance pursuant to Nantucket Zoning By-law §139-32 from the minimum lot area requirement and maximum allowable ground cover ratio under By-law §139-16 (Intensity Regulations) in order for locus to be used as a residential building lot with up to 1,500 square feet of ground cover. The applicants further request relief by Special Permit pursuant to By-law §139-16.C(1) to reduce side and rear yard setbacks from 10 feet to 5 feet. Locus, an undersized lot, is situated at 2 Dillon Court, is shown on Assessor's Map 67 as Parcel 884 and on Land Court Plan 38026-J as Lot 35, and is situated in a Residential-20 (R-20) zoning 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. Except for presentation by the applicant's representatives,there was no support nor opposition presented at the public hearing. 2 4. Locus, which contains 5,301 square feet in lot area, was formerly in the Residential Commercial-2 (RC-2) zoning district, in which minimum lot area was 5,000 square feet and maximum ground cover ratio was 50%, and was created as a separate lot by an approval-required subdivision plan endorsed by the Planning Board on March 23, 2009, based upon a preliminary plan filed on April 5, 2007, and approved by the Planning Board. This plan showed two building lots, and a roadway lot (Dillon Court). Locus is now in a Residential-20 (R-20) district, in which minimum lot area is 20,000 square feet. The "plan freeze" of the RC-2 zoning expired on March 23, 2017, eight years following the date of endorsement of the plan. Meanwhile, the subdivision plan has been filed with the Land Court, Dillon Court is now shown upon the Town's maps, and the lots on the plan are taxed as separate lots. Lot 34 (4 Dillon Court) contains a single-family dwelling which pre-existed the subdivision, while locus is vacant. 5. Because locus is not a pre-existing lot of record, ground cover would be limited to the maximum ground cover ratio of 12.5%in the R-20 zoning district, so the applicants are requesting relief in order to allow ground cover of 1,500 square feet, which would be the maximum if locus had pre-existing status. Prior to the expiration of the freeze period,the ground cover ratio of 50% in RC-2 zoning would have been available, resulting in ground cover of 2,650 square feet. 6. Applying required setbacks (front yard, 30 feet; side and rear yard, 10 feet) in the R-20 district results in a very small building envelope. Accordingly, the applicants request relief by Special Permit, applicable in the R-20 district, to reduce side and rear setbacks to 5 feet. Front yard setback would be maintained from Miacomet Avenue, with side or rear setbacks to be maintained from all other lot lines. 7. The Board of Appeals noted that, in the absence of relief and if the subdivision were set aside (which would require Land Court proceedings), the combined land would be allowed to contain two dwellings. The applicants offered to accept a condition in the decision that there be no structures upon either lot except for one single family dwelling upon each, with no secondary dwellings, sheds, pools, or other structures. 3 8. Accordingly, the Board of Appeals made the finding, by unanimous vote, that due to conditions affecting locus and not generally affecting land in the R-20 district in which it is situated,relating to the shape,topography and soil conditions of locus, and creating a hardship for the applicants, the Variance relief requested by the applicants can be granted without derogation from the purpose and intent of the By-law, and by the same vote granted the requested relief by variance, validating locus as a separate building lot with maximum ground cover of 1,500 square feet, subject to the conditions set forth below. 9. Further,the Board of Appeals,by unanimous vote,found that the reduction of side and rear yard setbacks for locus from 10 to 5 feet was consistent with the purpose and intent of the By-law, and by the same vote granted relief by Special Permit under By-law§16.C(1),to reduce minimum side and rear yard setback from 10 feet to 5 feet(with minimum front yard setback of 30 feet to be taken from Miacomet Avenue), as allowed by Special Permit in the R-20 district. 10. The relief granted hereby is subject to the following conditions: (a) Structures upon locus shall be limited to one single-family dwelling. (b) No shed, secondary dwelling,pool or other structure shall be constructed or placed upon locus. . . L.. _' 4 _._ • .. _. 1 A 4 ... Assessor's Map 67, Parcel 884 Certificate of Title 20158 2 Dillon Court Land Court Plan 38026-J Residential-20 (R-20) Lot 35 Dated: July 12, 2018 ii . d . ool- op 1111 liAt110 'Botti elli ni M ael . O'Mara Susan MeC. ivi, 2 ark Poor COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. On the day of I ' U0 , 2018, before me, the undersigned notary public, personally appeared ' ./ Ji ' p , one of the above-named members of the Zoning Boar. of Appeals of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that they signed the foregoing instrument as their free act and dee. and voluntarily for the purposes therein expressed. r �SHEA Offic al Signatur= dSeal of Not Public 'ESA u�« y commission p4s fires: p�6�(� V)NotarimvPublc:mc- 5