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Home My WebLink About28-18 8 Shawkemo RoadFee: $450.00 Owner's name(s TOWN • • • , OF NANTUCKET, 1 02554 APPLICATION Estate of Pauline Dalton �E File No: Mailing address: c/o Sarah F. Alger, P.C. , 4 North Water Street, Nantucket, MA 02554 Phone Number: 508-228-1118 E -Mail: sfa@sfapc.com Applicant's name(s): Amy Banse. and Joseph Dworetzky Mailing Address: Same as above Phone Number: (508) 228-1118 Locus Address: 8 Shawkemo Road E -Mail: sfa@sfapc.com Assessor's Map/Parcel: 43-90 Land Court Plan/Plan Book& Page/Plan File No.: Lot 9, Land Court Plan 14732—B and Lot 13, Land Court Plan 14732—D Deed Reference/Certificate of Title: 18606 Zoning District LUG -3 Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwellings 1 Duplex Apartments Date of Structure(s): all pre -date 7/72 or 1968 main dwelling, 1980, 1985, 1999, and 2007 Building Permit Numbers: 1644-80; 3865-85; 3958-85; 187-99; and 510-07 Previous Zoning Board Application Numbers: None 2 Fairgrounds Road Nantucket Massachusetts 02554 508 325-7587 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: See attached Addendum. 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. R SIGNA SIGNATURE: Sarah, F. Alc'er, Att *If an Agent is representing the Owner or the Owner* Applicant/Attorney/Agent* please provide a signed proof of agency. 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posted with Town Clerk:—/—/— Mailed:_/_/_ I&M_/_/_ &_/_/_ Hearing(s) held on:—/—/— Opened on :—/—/— Continued to:—/—/— Withdrawn:_/_/_ Decision Due By:_/_/_ Made:_/_/_ Filed w/Town Clerk:—/—/— Mailed:— / -/- 2 Fairgrounds Road Nantucket Massachusetts 02554 508 325-7587 telephone 508-228-7298 facsimile ae Nantucket Zoning Board of Appeals Estate of Pauline Dalton 8 Shawkemo Road, Nantucket, Massachusetts Assessor's Map 43, Parcel 90 The Applicants seek a Special Permit under Nantucket Zoning By- law (the "By-law") §139-33.A(4) to remove and reconstruct any or all of the preexisting nonconforming structures or any portion thereof in excess of the permitted ground cover ratio upon the Locus. The Locus is a pre-existing, nonconforming lot of record, having no frontage. Access to the property is achieved by way of an easement from Shawkemo Road. The Locus has lot area of about 127,851 square feet where a minimum of 120,000 square feet is required. As set forth in the Editor's note to By-law §139-16, until January 1, 2000, the Locus had the benefit of Limited Use General One ("LUG -1") intensity regulations and was allowed ground cover of 70 or about 8,949 square feet. The Locus is currently improved by a single-family dwelling, garage with studio, gazebo (not counted toward ground cover), and playhouse, having total ground cover of about 6,181 square feet or about 4.8%, where ground cover of about 3,835 square feet or 3% is now allowed. The Applicants propose to demolish all or portions of the existing structures and to construct new structures or additions to the existing structures, with the Locus, after such construction, continuing to have total ground cover of up to about 6,181 square feet or about 4.8%. All reconstructed structures or portions thereof will conform to all applicable front, rear, and side yard setback requirements. Evidence of owner's title is registered as Certificate of Title No. 18606 at Nantucket Registry District. The Locus is located at 8 Shawkemo Road, is shown on Nantucket Tax Assessor's Map 43 as Parcel 90, and is located in Limited Use General Three ("LUG -3") Zoning District. A rni nt,r of NInntiirLnt NAA j 43 87 at i July 9, 2018 4391.2 U F �f f . gle 74 43 9 1. 1 l Property Information July 9, 2018 4391.2 4390 8 0 yyAhr 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 June 2018 Properties updated 07/08/2018 M 43 5 7 U F Go gle 43 9 1. 1 l Property Information Property ID 4390 Location 8 SHAWKEMO RD Owner DALTON PAULINE 4390 8 0 yyAhr 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 June 2018 Properties updated 07/08/2018 M 43 5 7 sown ana uounLy ul IVafILUGKCI, Wh-1 43 87 1 t 4391.2 J: 74 g le 4391.2 S 4390 8 M li li\/ a gni; 6 Go g le 4391.1 { Property Information Property ID 4390 Location 8 SHAWKEMO RD Owner DALTON PAULINE S 4390 8 M li li\/ a gni; a NIA 43 5`< 7 1"=109ft 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 June 2018 Properties updated 07/08/2018 i F J a NIA 43 5`< 7 1"=109ft 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 June 2018 Properties updated 07/08/2018 Ig E 4" \� m E C \ A, gs� � ,� sc i rr^^ �1 m n (D • 55 n `4 i IIS � � IF1��' O {11 FJ y r o Q., cn N cz 3� Town of Nantucket Zoning,Board of Appeals eOgA� op 6F4"-0 ✓VN gssis$0,98 N row18?Of q�?-Q Mq LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER. Dalton Pauline MAILING ADDRESS. c/o Sarah F. Alger, P.C., Four North Water Street, Nantucket, MA 02554 PROPERTY LOCATION 8 Shawkemo Road ............. . .............................. ASSESSOR MAP/PARCEL Map.43 Parcel 90 ....................................... SUBMITTED BY. Holly FffRaPdPA....................................... . ............... SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting property, owners of land directly opposite on any public or private street or way, and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B 64�� DATE AS ESSOR'S OFFICE TOWN OF NANTUCKET 0 H H UI , H E4 all � H W cw u x �a 9a 9a 9a � 9a 9a °a V F U W W O O£ W W N c n (4 o m wm c m r c. m �o N o m a o m a N o m oaa 0aa o m o o m v tl1 F£ L^ Z w Z S w E N z El a a DWI z I A m x i7 g mz z iw � a � m N W H H 3 N (] o P El O X 3 W o 0 o0. � N - N z P E a F N W a E a a w o g h A m$ W Z W o O O O N U U o4 U O N U F W l7 A W W F W W fd U N N F a7 W El E N F a p 2, h P4 3 F E' W F �[yy� 5 r O V N F w W HQ y Q O a p OpGG PG OG W N D O h A a U Z o 14 w psi N D 7QQC a s - EaWa Ww O D6 N A S 0 0 0 a N P ifl �D m O� O1 Ol N rl M 12 2 2�Z� v 1 c v G 1 43 KIDDER STEPHEN W TRST ETAL C/O A & B REALTY TRUST THE PILOT HOUSE LEWIS WHARF BOSTON MA 0-2110 43 ROSS DAVID III TRUSTEE ROSS SHAWKEMO TRUST 2121 KIRBY DR #78 HOUSTON, TX 77019 43 YOUNG YURIKO J & BRACEBRIDGE TRS 88 APPLETON CAMBRIDGE, MA 02138 43 SHAWKEMO DUCKLANDS LLC 88 APPLETON ST CAMBRIDGE, MA 02138 43 MORTON JOHN B TRST ETAL C/O BNY MELLON TRUST PROPERTIES 385 RIFLE CAMP RD WOODLAND PARK, NJ 07424 43 DALTON PAULINE P O BOX 2406 BONITA SPRINGS, FL 34133 43 HEATH CAROL T 71 AIRPORT RD PITTSTOWN, NJ 08867 r 43 GLIDDEN RICHARD J TRUSTEE 6 SHAWKEMO ROAD REALTY TR P O BOX 1079 NANTUCKET, MA 02554 43 DUNCAN BRUCE W TRST 21 GARDNER RD NOM TRUST PO BOX 3249 NAPLES, FL 34106 43 CAPPO JEFFREY E C/O OMARA JOHN CPA PC 6015 W PIERSON RD STE 3A FLUSHING, MI 48433 I *,,":7 -4 * TOWN OF NANTUCKET BOARD OF APPEALS .--it NANTUCKET, MASSACHUSETTS 02554 '; C. n0 Date : September 6 , 2018 c.? 13 --- To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No. : 28-18 Owner/Applicant: JOSEPH A. DWORETZKY and AMY L . BANSE Property Description : 8 Shawkemo Road Map 43 , Parcel 90 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 . /(f 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 43, Parcel 90 Land Court Plan No. 14732-B, Lot 9 8 Shawkemo Road Land Court Plan No. 14732-B, Lot 13 Limited Use General 3 ("LUG-3") Certificate of Title No. 18606 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, August 9, 2018, at 1:00 P.M., at Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of JOSEPH A. DWORETZKY and AMY L. BANSE, Trustees, as Applicants, and the Estate of Pauline Dalton, Owner, in care of Sarah F. Alger, Sarah F. Alger, PC, Four North Water Street,Nantucket, Massachusetts 02554, File No. 28-18. 2. Applicants are seeking Special Permit relief pursuant to Nantucket Zoning By-law (the "By-law") §139-33.A.(4) to remove and reconstruct any or all of the pre-existing nonconforming structures or any portion thereof in excess of the permitted 3% ground cover ratio. Specifically, Applicants propose to demolish all or portions of existing structures to allow for new construction and/or additions with the ability to retain the pre-existing nonconforming ground cover ratio of up to 4.8%. As a result of a zoning change from LUG-1 to LUG-3, the Locus became pre-existing non-conforming as to groundcover. The new construction will be conforming as to all setback requirements. The Locus, a pre-existing nonconforming lot of record as to frontage, is situated at 8 Shawkemo Road, is shown on Tax Assessor's Map 43 as Parcel 90, as Lot 9 upon Land Court Plan 14732-B and as Lot 13 upon Land Court Plan 14732-D. Evidence of owner's title is registered on Certificate of Title No. 18606 at the Nantucket County District of the Land Court. The site is zoned Limited Use General 3 ("LUG-3"). 3. Our decision is based upon the application and accompanying materials, representations and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. Except for presentation by the applicant's representatives,there was no support nor opposition presented at the public hearing. 4. Attorney Sarah Alger represented the Applicants. Attorney Alger stated that the Applicants are requesting Special Permit relief pursuant to Bylaw§139-33.A.(4) (removal and reconstruction of structures exceeding allowable ground cover on Locus)to remove and reconstruct any or all of the preexisting nonconforming structures or any portion thereof in excess of the permitted ground cover ratio upon the Locus. The Locus is a pre-existing, nonconforming lot of record, having no frontage, having ground cover in excess of the 3% permitted in the LUG-3 zoning district, and 2 having a garage that has side yard setback of about 10.8 feet at its closest point to the southwesterly boundary line,where 20 feet is required. Access to the property is achieved by way of an easement from Shawkemo Road. The Locus was in existence as of November 15, 1990 and, as a result,had the benefit of LUG-1 intensity regulations until January 1, 2000, when the LUG-3 zoning requirements became applicable to lots of record in this area. The structures on the Locus were all built more than ten years ago,with the exception of the detached shed,which is not counted toward ground cover under the definition of"ground cover"in By-law§139-2. The Locus has lot area of about 127,851 square feet where a minimum of 120,000 square feet is required. As set forth in the Editor's note to By-law §139-16, until January 1, 2000,the Locus had the benefit of Limited Use General One("LUG-1")intensity regulations and was allowed ground cover of 7%or about 8,949 square feet. The Locus is currently improved by a single-family dwelling with two attached sheds, a garage with studio, a detached shed and a gazebo (neither of which are counted toward ground cover),and a playhouse,having total ground cover of about 6,181 square feet or about 4.8%,where ground cover of about 3,835 square feet or 3%is now allowed. 5. Attorney Alger informed the Board that the Applicants propose to demolish all or portions of the existing structures and to construct new structures or additions to the existing structures, with the Locus, after such construction, continuing to have total ground cover of up to about 6,181 square feet or about 4.8%. All reconstructed structures or portions thereof will conform to all applicable front, rear, and side yard setback requirements of the By-law, and there will be no increase in ground cover or other zoning nonconformity. 6. Therefore, after a discussion with the Applicant's counsel, the Board finds that such a Special Permit may be granted to allow demolition of all or portions of the existing structures and construction of new structures or additions to the existing structures, with the Locus, after such construction,continuing to have total ground cover of up to about 6,181 square feet or about 4.8%, because all of the reconstructed structures or portions thereof will conform to all applicable front, rear, and side yard setback requirements of the By-law, and there will be no increase in ground cover or other zoning nonconformity. 7. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals made the finding that the proposed demolition of all or portions of the existing structures and the construction of new structures or additions to the existing structures, with the Locus, after such construction,continuing to have total ground cover of up to about 6,181 square feet or about 4.8%, and with all of the reconstructed structures or portions thereof conforming to all applicable front, rear, and side yard setback requirements of the By-law, and no increase in ground cover or other zoning nonconformity, will not be substantially more detrimental to the neighborhood than the existing nonconformities and granted the requested relief by Special Permit. * * * * * * * * * * SIGNATURE PAGE FOLLOWS 3 Assessor's Map 43, Parcel 90 Land Court Plan No. 14732-B, Lot 9 8 Shawkemo Road Land Court Plan No. 14732-B, Lot 13 Limited Use General 3 ("LUG-3") Certificate of Title No. 18606 / Dated: August 9, 2018 � Ed A S. Toole AC Susan McC. ,g...iM erim Koseatac 2 eoffrey W. Thayer '"ark Poor COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. On the Ip day o _ A,A/ , 2018, before me, the undersigned notary public, personally appeared 12.4• , 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 they signed the foregoing instrument as their free act and de and voluntarily for the purposes therein expressed. V/4171 .ttes___/ Official Signature and Seal of Notary Public My commission expires: l LESLIE WOODSON SNELL 1 VA ----Z-41---:? NOTARY PUBLIC j j `-e_= . COAerONWEALtH Of MASSACHUSETTS l 1 /- My Comm.Expires Sept 28,2018 1 4