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
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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
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27
Plan No. 38026 0
Cert. No. 9029
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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
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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._.
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Town of Nantucket
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IIT THE MATTER OF THE PETITION OF:
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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)•
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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
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554 to-
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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
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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
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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
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