HomeMy WebLinkAbout18-19 36 Low Beach Rdz tas�ETNr�.
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TOWN
OF NANTUCKET
• • ♦ • , OF
NANTUCKET • 02554
APPLICATION
Fee: $450.00
File No. 18-19
Owner's name(s): Peter L. and Natalia V. O'Brien
Mailing address: c/o Cohen & Cohen Law PC 34 Main Street P.O. Box 786
Phone Number: 508-228-0337 E -Mail: Steven(cD-Cohenlegal.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: Stevena-Cohenlegal.net
Locus Address: 36 Low Beach Road Assessor's Map/Parcel: 74 55
Plan: Lots 1 -
Zoning District: LUG -3
Uses on Lot- Commercial: None Yes (describe)
Residential: Number of dwellings: 1 Duplex Apartments
Date of Structure(s): all pre -date 7/72 or 1995
Building Permit Numbers:.
Previous Zoning Board Application Numbers:
FM 12: 4,
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:
The application is being amended to correct the citation to the
Zoning Bylaw. The original application cited to 139-8(4)(a)(2). It
should have read 139-16R and 139-33E(1)(b).
Please see attached corrected 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: Applicant/Attorney/ Agent*
*If an Agent is representing the Owner or the Applicant, 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Continued to: / / Withdrawn: / / Decision Due By: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
508-228-7215 telephone 508-228-7298 facsimile
._._iTl�blilu`
The Locus, 36 Low Beach Road, is an undersized, pre-existing lct
of 51,907± SF in the Limited Use General 3 (LUG -3) Zoning District,
which requires 120,000 square feet of lot area. It is shown on
Assessor's Map 74 as Parcel 55 and also as Lots 1-10, inclusive, Block
33, on plan recorded at the Nantucket Registry of Deeds in Plan Bock
7, Page 14. Evidence of Applicant's ownership is recorded on a Deed a`
Book 1696, Page 82 of said registry. Premises is otherwise
dimensionally conforming.
Pursuant to Zoning Bylaw Sections 139-16A, the LUG -3 zoning
district provides for a 35' front yard setback and 20' side and rear
yard setback with a 3% ground cover ratio. The locus fronts on Low
Beach Road to the northwest. It also previously abutted unconstructed
private ways on three sides: Elm Street on the west, Central Street on
the east, and the former Nantucket Central Railroad bed on the south,
but that land was Taken by Eminent Domain pursuant to Articles 94 and
95 of Annual Town Meeting, April 14, 2009 and it is now Town land in
the Yard Sale program. The Taken parcel was subdivided by the Town it
an Approval Not Required Acquisition Plan filed by the Town of
Nantucket and approved by the Planning Board on November 30, 2016 (see
Plan No. 2016-113, Parcel 33). This plan created Parcel 33, which -'s
approximately 19,666± square feet surrounding the Locus on three sides.
The disposition of Parcel 33 to the Applicant (and of the other parcels
to the other abutters) has been held up for more than ten years but -4--
proceeding
sproceeding through the Yard Sale Program. Under the terms of the Yard
Sale Program, the Applicant is a certain acquirer of the land, since
they are the only abutter.
Due to the shape and topography of the lot, and the Yard Sale
parcel surrounding it on all sides, Applicant seeks relief by Variance
pursuant Zoning By-law Section 139-32 from the provisions of Section.
139-16A and 139-33E(1)(b) in order to use the ground cover ratio (GCR)
to develop the property. Lot currently contains a single-family
dwelling of 1,752± SF, which was conforming when it was built but
became pre-existing, non -conforming when the GCR was changed from 4%
to the current 3% in LUG -3 zoning district. However, it again beca_,:e
conforming with the adoption at Town Meeting of the alternative minimum
GCR of 2,000 SF. (See 139-33E(1)(b)). Without the Yard Sale lot, per
the current GCR, Applicant would be limited to a structure no larger
than 2,000± SF. With the Yard Sale lot, they have the flexibility to
go as large as 2,143± SF.
The new structure will be compliant with all applicable front,
rear and side yard setback requirements with the addition of the Yard
Sale lot, the lot will remain within the allowable ground cover rat�c
for the combined lots, and the relief sought is not detrimental to the
neighborhood. Relief may therefore be granted without substant-la,-
detriment to the public good and without nullifying or substantial _7y.
derogating from the intent or purpose of the bylaw.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile