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
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19
30617
14 41"
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30 GN
is
41 MIL
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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
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Bk: Pp:O P.g.:0
Doo: PLAN 0&/0712014 10:31 AN
OF GEEiioN
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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.
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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. DETERMINATION
OF APPLICABIUTY MAY BE OBTAINED THROUGH
APPLICATION TO THE CONSERVATION COMMISSION.
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TOWN OF NANTUCKET
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TOWN OF NANTUCKET y -A
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554';`
c
Date: May 9, 2019
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 04-19
Owner/Applicant: LINDA YATES
Property Description: 21 Derrymore Road
Map 41, Parcel 117
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 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