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HomeMy WebLinkAbout04-19 21 Derrymore RoadFee: $450.00 TOWN OF NANTUCKET BOARD OF APPEALS n NANTUCKET, MA 02554, APPLICATION File No.���-� Owner's name(s): Linda A.Yates Mailing address: c/o Cohen & Cohen Law PC 34 Main Street, P.O. Box 786 Phone Number: 508-228-0337 E -Mail: Steven(d),Cohen leg al. net Applicant's name(s): Same Mailing Address: 34 Main Street P.O. Box 786, Nantucket, MA 02554 Phone Number: 508-228-0337 E -Mail: Steven(ED-Cohen legal. net Locus Address: 21 Derrymore Road Assessor's Map/Parcel: 41 117 Plan: Lot 51 on LC Plan 13199-V Certificate of Title: 22854 Zoning District: RR=1 Uses on Lot- Commercial: None Vacant yes (describe) Residential: Number of dwellings Duplex Apartments Date of Structure(s): all pre -date 7/72 or Building Permit Numbers: Previous Zoning Board Application Numbers: 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: Please 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. SIGNATURE: Owner* SIGNATURE t"'L--/%t1---- Applicant/Attorney/Agent* 5 i ADDENDUM: The locus, 21 Derrymore Road, is a dimensionally conforming oversized vacant lot of 9,228 SF in the Residential 1 (R-1) Zoning District. It is shown on Assessor's Map 741 as Parcel 117 and also as Lot 51 upon Land Court Plan No. 13199-V at the Nantucket Registry District of the Land Court. Evidence of Applicant's ownership is at Certificate of Title No. 22854. Pursuant to Zoning Bylaw Section 139-16.C.3, the R-1 zoning district provides for a 10 foot front yard setback and 5 foot side and rear yard setback, except that a 10 foot setback is also required from any constructed or unconstructed street or way. The locus fronts on Derrymore Road to the west and also previously abutted an unconstructed private way, Dartmouth Lane, to the north, but that land was Taken by Eminent Domain by the Town of Nantucket in 2014 (See Doc. No. 146324) and it is now Town land in the Yard Sale program. The Taken parcel was subdivided by the Town in an Approval Not required Acquisition Plan filed by the Town of Nantucket and approved by the Planning Board in July of 2014 (see Plan No. 2014-63). This plan created Parcel D, which is 15.00' to 16.53' wide along the northern boundary of the Locus. The disposition of Parcel D to the Applicant (and of the other parcels to the other abutters) has been held up for 5 years, but is proceeding through the Yard Sale Program. Under the terms of the Yard Sale Program, the Applicant is a certain acquirer of the land, since she is the only abutter. Applicant has delayed her development of this lot for several years waiting for the Yard Sale process to be completed. Due to the long narrow shape of the lot, and the unusual title clearing related to Parcel D, Applicant seeks relief by Variance pursuant Zoning By-law Section 139-32 from the provisions of Section 139-16 to reduce the side yard setback on the north side of the premises by up to 3.0 feet to allow for a new dwelling of approximately 1,552 square feet of ground cover to be as close as 2 feet from the lot line. Said dwelling would be create a new nonconformity until the Yard Sale process is completed, and would then be about 17 feet from the lot line, more than triple the applicable setback. This Variance would allow the siting of the house so as to have the parking off the road, would allow the long-delayed project to move forward, which has been a significant burden on the Applicant, and would be a benefit to the neighborhood. The application of the existing setback to the pre -Yard Sale lot line does not serve the intent of the bylaw, and actually forces the house closer to the only real neighbor to the south. The neighbor to the north, on the other side of the 33 -foot wide former way, is the Applicant's daughter, who supports the relief, and the neighbor to the south supports the relief, as it would allow for the parking and dwelling to move away from their house. That is, literal application of the setback has an inverse affect on creating space between the structures. Relief may therefore be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the bylaw. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Town and County of Nantucket, MA 'low 41119 2 41217A ,216 Property Information Property ID 41 117 Location 21 DERRYMORE RD Owner YATES LINDA A January 29, 2019 30" 301M 30 &W •........ if 19 30617 14 41" ,"jokVSRD 30 GN is 41 MIL rim 412N 6 419851 41649 1" = 158 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. Geometry updated 11J1312018 Data updated 11/1912018 li lm Bk: Pp:O P.g.:0 Doo: PLAN 0&/0712014 10:31 AN OF GEEiioN Svjw- \ o$- \ I CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN CONFORMANCE WITH THE RULES AND REGULATIONS OF THE REGISTRY OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. �u0 mucr er<ama No. 37732 ZONE: R-1 REQUIRED LOT AREA: 5,000 &f. FRONTAGE: 50' FRONT YARD: 10' SIDE YARD: 5' REAR YARD: 5' GROUND COVER: 30x NOTES: 1. LOCUS DARTMOUTH LANE ASSESSORS MAP 41 2. PLAN REF: LC. C. 13199—M LC.C. 13199—T LC.C. 13199—V L.C.C. 13189-5 L.C.C. 13199-20 W W Q PLAN SCALE 40 &o eo 120 t mee - 40 T..t THE PLANNING BOARD DETERMINES THAT PARCELS: "A' THROUGH "F. DO NOT CONTAIN AREAS SUBJECT TO PROTECTION UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT WHICH ARE REQUIRED TO BE EXCLUDED FROM LOT AREA UNDER THE NANTUCKET ZONING BYLAW, BUT STILL MAY BE SUBJECT TO PROTECTION UNDER STATE AND LOCAL WETLAND BYLAWS. 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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 41, Parcel 117 21 Derrymore Road Residential -1 (R-1) DECISION: Certificate of Title No 22854 Land Court Plan No. 13199-V Lot 51 1. At a public hearing of the Nantucket Zoning Board of Appeals (the "Board") opened on Thursday, February 14, March 14, and closed on April 11, 2019 in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of LINDA A. YATES (the "Applicant"), c/o Cohen & Cohen Law PC, 34 Main Street, 2nd Floor, P.O. Box 786, Nantucket, MA 02554, in File No. 04-19: 2. Applicant is requesting relief by Variance pursuant to Zoning By-law Section 139-32 for a waiver from the five (5) foot side yard setback provision in Section 139-16 in order to construct a new dwelling as close as two (2) feet from the northerly side yard lot line. The property is located at 21 Derrymore Road, shown on Assessor's Map 41 as Parcel 117 and as Lot 51 upon Land Court Plan 13199-V. Evidence of owner's title is registered on Certificate of Title No. 22854 at the Nantucket County District of the Land Court. The site is zoned Residential -1 (R-1). 3. Our decision is based upon the application and accompanying materials and representations and testimony received at our public hearing. The Applicant's attorney spoke in support of the application. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. One Abutter letter in support of the application was received. One Abutter spoke in opposition at the Initial Public Hearing. 4. The Locus consists of a dimensionally conforming oversized vacant lot containing 9,228 square feet in the R-1 zoning district where minimum lot size is 5,000 sq. ft. Pursuant to Zoning By-law Section 139-16.C.3, the R-1 zoning district provides for a ten (10) foot front yard setback and five (5) foot side and rear yard setback, except that a ten (10) foot setback is also required from any constructed or unconstructed street or way. The locus fronts on Derrymore Road to the west and an unconstructed previously private way, Dartmouth Lane, to the north. The land located within the bounds of "Dartmouth Lane" was approved for Acquisition and Disposition by the Town by virtue of passage of Articles 96 and 97 at the 2014 Annual Town Meeting, as part of the Town's "Yard Sale" program. An Approval Not 2 Required ("ANR") Plan approved by the Planning Board in July of 2014, on file with the Registry of Deeds at Plan No. 2014-63, created six Yard Sale parcels (Parcels A -F, inclusive). The Town took the way by Eminent Domain in November 2014 (Order of Taking registered as Land Court Document No. 146324). 5. Parcel D, as shown on Plan 2014-63, has a variable width of 15.00' to 16.53' and runs along the full 164.30 foot length of the northern boundary of Locus. The Disposition of Parcel D to the Applicant (and of the other parcels to the other abutters) has been held up for several years in the Land Court registration process. Under the terms of the Yard Sale Program, the Applicant is eligible to have right of first refusal to acquire the 2,517 sq. ft. parcel, since she is the only abutter thereto. Applicant has delayed her development of this lot for five years waiting for the Yard Sale process to be completed. 6. Applicant, through its counsel, presented testimony at the public hearing. He explained that due to the long narrow shape of the lot, and the unusual circumstances related to the title clearing of Parcel D, Applicant is seeking relief by Variance pursuant Zoning By-law Section 139-32 from the provisions of Section 139-16 to reduce the side yard setback on the north side of the premises by up to three (3) feet to allow for a new dwelling having approximately 1,552 square feet of ground cover to be as close as two (2) feet from the existing northerly lot line. The siting of said dwelling would create a new nonconformity which would be automatically cured when Yard Sale Parcel D is acquired by the Applicant and, by default, merged with Locus. This merger would result in the proposed dwelling being sited no closer than seventeen (17) feet from the new northerly lot line, thus in full compliance with the five (5) foot side yard setback requirement. 7. There was discussion of the protracted Land Court process as it relates to the eventual transfer of Parcel D to the Applicant. Staff provided materials demonstrating that significant progress had been made in this particular case and that the Land Court process was likely to reach completion within the year, if not sooner. The neighbor to the north, on the other side of the 33 -foot wide former way, is the Applicant's daughter, who supports the relief, and the neighbor to the south supports the relief, as it would allow for the parking and dwelling to move away from their house. An abutter expressed concern about future subdivision of the lot once the Yard Sale parcel is added. Attorney Cohen raised no objections to the proposed conditions recommended by the staff and clarified the parking area location on the plan. 8. Therefore, based upon the foregoing, owing to the unique circumstances surrounding this lot in the R-1 zoning district, a literal enforcement of the provisions of Section 139-16 (setbacks) would involve substantial hardship, financial or otherwise, because the Applicant has no ability to expedite the Land Court process by which she will eventually acquire Yard Sale Parcel D that will enable her to cure the setback encroachment. She has been waiting 3 for five years for the Yard Sale parcel to become available purchase so that she may make the desirable improvements and build upon this vacant lot. Furthermore, the desired relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-law. 9. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested VARIANCE to reduce the side yard setback on the north side of the premises by up to three (3) feet to allow for a new dwelling of approximately 1,552 square feet of ground cover to be as close as two (2) feet from the existing northerly lot line, subject to the following conditions: a) The parking area shall be east of the east side of the house; b) The nonconformity shall be cured before a Certificate of Occupancy can be issued for the work contemplated under this decision; c) A restriction on subdivision from the Town shall be recorded in the deed once Yard Sale Parcel D is acquired by owner and merged with the lot; d) The property shall be nonconforming should the landowner decline to purchase the Yard Sale Parcel D; and e) No construction shall take place on or over the lot line. I NAT REP E F LL WS 4 Assessor's Map 41, Parcel 117 21 Derrymore Road Residential -1 (R-1) Dated: April 11, 2019 Certificate of Title No 22854 Land Court Plan No. 13199-V Lot 51 COMMONWEALTH OF Geoffrey Thayer SETTS Nantucket, ss. On the —_q__ day gf 2019, before me, the undersigned notary public, personally appeared VJL hA Lle 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 deed and voluntarily for the purposes therein expressed. Official Signature and Seal of Notary Public My commission expires: LESLIE WOODSON SNELL Ulf Notary Public COMMONVrEALTH OF MASSACHUSETTS My Commission Expires September 26, 2025