The URL can be used to link to this page

Home My WebLink About22-19 4 Shawkemo RoadFee: $450.00 Zoning Board of Appeals Ej L 16 2019 RECEIVED TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION File No. Owner's name(s)t- Richard J. Glidden, Trustee of 4 Shawkemo Road Realty Trust Mailing address: 37 Centre Street, Nantucket, Massachusetts 02554 Phone Number: 508-228-0771 E -Mail: richard@gliddenandglidden.com Applicant's name(s): Same Mailing Address: Phone Number: E -Mail: Locus Address: 4 Shawkemo Road Assessor's Map/Parcel: 43-91.1 Land Court Plan/Plan Book & Page/Plan File No.: Lot 16 on Land Court 14732-E Deed Reference/Certificate of Title: 27324 Zoning District LUG -III Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwellings I Duplex N/A Apartments N/A Date of Structure(s): all pre -date 7/72 or0riginal house pre -dates zoning. Permit for garage in 1975, deck in 1981, and addition in 1986. Building Permit Numbers: Previous Zoning Board Application Numbers: N/A 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 addendum I certify that the informatio contained herein is substantially complete and true to the best of my knowledge, and r the pains and penalties of perjury. SIGNATURE: T 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Hearing notice posted with Town Clerk: _/_/_ Mailed:_/_/_ Hearing(s) held on:—/—/— Opened on :_/_/_ Continued to:_/_/_ Withdrawn:_/_/_ Decision Due By:—/—/ — Made:—/—/— Filed w/Town Clerk:—/—/— Mailed:— / -/- 2 Fairgrounds Road Nantucket Massachusetts 02554 508 325-7587 telephone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 ADDENDUM Nantucket Zoning Board of Appeals Richard J. Glidden, Trustee 4 Shawkemo Road, Nantucket, Massachusetts Assessor's Map 43, Parcel 90.1 RE: 4 Shawkemo 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. Applicants property contains a dwelling and garage with a total existing ground over of 2110 sq. feet. These buildings compiled with ground cover requirements at the time of construction. However the zoning changed from LUG -I to LUG -I11 and now the ground cover is "pre-existing non -conforming". The locus has a lot area of 41,100 sq. feet and a pre-existing ground cover of 2110 sq. feet. The allowable ground cover under LUG -III requirements is 1233 sq. feet. The south-east corner of the house intrudes on the front and side -yard set -back requirements and a portion of the garage also intrudes upon the front yard set -back. Both structures have existed in their present configuration for more than ten years. Applicant intends to undertake renovations and/or partial demolition to the property. The plans are still in the process and applicant is asking for a special permit allowing the project, when completed, to maintain the existing ground over of 2110 sq. feet on the condition that any new construction comply with all applicable set -backs. 162073 1 Cert: 27324 Doc: DD Registered: 06/21/2018 11:35 AM MASSACHUSETTS QUITCLAIM DEED I, CAROL T. HEATH, with an address of 71 Airport Road, Alexandria, NJ 08867, hereinafter referred to as "Grantor", For consideration paid and in full consideration of ONE MILLION NINE HUNDRED NINETY THOUSAND AND 00/100 ($1,990,000.00) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, Grants to RICHARD GLIDDEN, TRUSTEE OF 4 SHAWKEMO ROAD REALTY TRUST U/D/T DATED JUNE 10, 2019, with an address of 37 Centre Street, Nantucket, Massachusetts 02554, hereinaf%r referred to as "Grantee", With QUITCLAIM COVENANTS, Land and building situate at 4 Shawkemo Road, Nantucket, Massachusetts, bound and described as follows: Lot 16 upon Land Court plan No. 14732-E, drawn by Michael S. Bachman, dated June 25, 1984 and filed with Certificate of Title No. 8343 at the Nantucket Registry District for the Land Court. For Grantor's title see Certificate of Title No. 16751 at said Registry District Subject to and with benefit of rights, easements and appy set on face of Certificate of Title No. 16751. 162073 Subject to and with the benefit of the following, registered at the Nantucket Registry District: a. Document No. 78375 b. Document No. 100348 c. Document No. 100349 d. Document No. 154968 I further certify that no spouse, civil union partner, former spouse or former civil union partner resides in the property as their primary residence and that no such person is entitled to claim the benefit of an existing estate ofhomestead. (SIGNATURE PAGE TO FOLLOW) 162073 Signed under the penalties of perjury this Jk�v of June, 2019. GqBW DW WNW NOTARY P1EW OF NEY ERSEY 4D $ 50004929 z,� �h�►coameeloAk+ae 101?D1�1 Carol T. Heath STATE OF 0 On this 1--� day of 2019, before me, the undersigned notary public, personally appeared the above-named, Carol T. Heath, proved to me through satisfactory evidence of identification, which were Skn .fie A (i, eA 'S I r 0 h 5 Q . to be tl>e person who signed the preceding or attached document in my presence, and who swore or affirmed to me that the contents of the document are uv&U and accurate to the best of her knowledge and belief Notary Public Signature My Commission Expires: MASSACHUSETTS DCCISET Nantucket County ROD #1 Date. 06/2112019 11• AM Ctrl# 463984 316 Doc# 00162073 NANTUCKET LAND BANK Fee: $9,074.4 Cons: 57.990.000.00 CiEf' iT�IFFKA' TE f1paw$.:: ! 00 ]BWMPt to-zGtMt .Z! Do. o �_ SUBDIVISION PLAN OF LAND IN NANTUCKET Schofield Brothers, Inc., Surveyors i September 11, 1975 I /3 d c.e,- 9 ' s 06' 20" 33/• 75 E CB. 14732E --- io`P//B N•. ..2 jo�izez.• g• 202.3.3 00. 3 G4RD/Vk-R Subdivision of Lots 8 and 12 shown on Plans 14732E and 14732D Filed with Cert,, of 'Title Nos. 3845 and 4420 Registry District of Nantucket County Separate certificates of tit/ may be Issued for /and - o shown hereon as_t5_16 A 17 -------------------- By the Court. MAR. //4976 - -------- ---------------- ------`---- P.A.R. LCE -J-3. N-73 _O $�s mo C. a. v m r ` c 0 a o a 2 Ci V V y c Z Copy of part oFp/an filed in LAND RE61STRAT/ON OFF/C£ MAR. //, 1976 Scale of this plan 60 feet to an inch R.L. Woodbury, £nybeerforCourt 4 .A, �J X�- &O / G \ S QO QGP - Py�� TSG Ail S / \ xi xi 6 56 O cr o � �� G l N G e G \ c OK Q \ F y1 01 T \ 'v O, X92 \ F �o oGa r \ o ��• \ GP�PGk/ 090 o��eF ��G / '� • ss r�`C` O /�9 ZONING DISTRICT: LUG-3 o� ��\JG��P� ✓ MINIMUM LOT SIZE: 120,000 S.F. 0�� MINIMUM FRONTAGE: 200 FT. 4°� FRONT YARD SETBACK: 35 FT. REAR/SIDE SETBACK: 20 FT. GROUND COVER % : 3% LOT AREA = 41,100 SF ± a PLOT PLAN TO ACCOMPANY ALLOWABLE G.C. = 1233 SF APPLICATION TO THE ZBA EXISTING G.C. = 2110 SF ± IN NANTUCKET, MA (1870 SF DWELLING + JULY 7, 2019 240 SF GARAGE) SCALE: 1"=40' THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET ZONING BOARD OF APPEALS ONLY AND PREPARED FOR OWNERS: SHOULD NOT BE AERTY SURVEY. THIS PLAN SHOULLDDNOTPBE USED TOE RICHARD GLIDDEN, TRUSTEE OF ESTABLISH PROPERTY LINES, FENCES, HEDGES OR 4 S HAW K E M 0 ROAD REALTY TRUST ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT ADDRESS: 4 S H AW K E M 0 ROAD DEETHISPLOT PLAN S AND NSONOTRACCERTIFICATION AS TO ASSESSOR MAP 43 PARCEL 91.1 TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. DEED: LC CERTIFICATE 27324 OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. PLAN REF. LC PLAN 14732—E; LOT 16 Map Theme Legends Aerial Photo, 1998 PARCELS Town and County of Nantucket, MA P operty In forntatlon Property 10 43 91.1 Location 4 SHAWKEMO RD Owner HEATH CAROL T 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 voAdity or accuracy of the GIS data presented on this map. Geometry updated 11/13/2018 Data updated 12119/2018 lb, "Zulu - I I Map Theme Legends Aerial Photo, 2003 PARCELS Map Theme Legends Aerial Photo, 2007 PARCELS Town and County of Nantucket, MA `- 43 86 31 July 15, 2019 �4C 34 16 1" = 250 ft 4 431 10 4318 10 4387 3s 1.32 28 „ 43172 1 • . t�•P•P�, � - s 1 4390 6 za 431.33 14 43 174 43 91.2 _. '21 6 y� . 4r� • ' 4392 25 y 5 43,234 17 . 43 91.1 P 4 - _..._ 43135 78 , 49 ,cy4�40 y - 4393 pya•F 139 l 2 10 16 y1• f 43 197 43 136 15 it r RRt) t 436 4394.3 15 - PIPPEt't`'� 4394.2 31 - 4394.4 2 C "kk a a Property Information y.A�"ra Property ID 4391.1 Location 4 SHAWKEMO RD ' Owner HEATH CAROL T �1Atk' 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 11/13/2018 Data updated 11/19/2018 July 15, 2019 �4C 34 16 1" = 250 ft 4 431 10 4318 10 NTUC F' ULR Al t ��o9po�o\��: TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September 27, 2019 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 22-19 Owner/Applicant: RICHARD J. GLIDDEN, TRUSTEE, 4 SHAWKEMO ROAD REALTY TRUST Property Description 4 Shawkemo Road Map 43, Parcel 91.1 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 el anor 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 91.1 4 Shawkemo Road Limited Use General 3 ("LUG -3") DECISION: Certificate of Title No. 27324 Land Court Plan No. 14732-E Lot 16 1. At a public hearing of the Nantucket Zoning Board of Appeals, held on Thursday, August 8, 2019, and September 12, 2019 at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of RICHARD J. GLIDDEN, TRUSTEE, 4 SHAWKEMO ROAD REALTY TRUST, in care of Glidden & Glidden, PC, 37 Centre Street, Nantucket, Massachusetts 02554, File No. 22-19. 2. Applicant is seeking Special Permit relief pursuant to Zoning By-law Section 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, Applicant proposes 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 of 2,110 square feet, or a ground cover ratio of up to 5.13%. 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 is improved with a dwelling and garage which are also pre-existing nonconforming as to setbacks. The Locus is situated at 4 Shawkemo Road, is shown on Tax Assessor's Map 43 as Parcel 91.1, and as Lot 16 upon Land Court Plan 14732-E. Evidence of owner's title is registered on Certificate of Title No. 27324 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 representative, there was neither support nor opposition presented at the public hearing. 4. Attorney Richard Glidden, representing the Applicant, explained that the Applicant is requesting Special Permit relief pursuant to By-law Section 139-33.A(4) which reads: 0j Removal and reconstruction of any or all of the preexisting nonconforming structure(s), or any portion(s) thereof, in excess of the permitted ground cover ratio upon a lot, shall be allowed by special permit, provided that: La)- Such special permit shall have been issued prior to the removal of the preexisting nonconforming structure(s), or any portion(s) thereof; L (Reserved) a All reconstructed structure(s), or portion(s) thereof, shall conform to all applicable front, rear and side yard setback requirements; unless relief is granted under separate provisions of this chapter; and The special permit granting authority shall have made the finding that the result of the proposed removal and reconstruction shall not be substantially more detrimental to the neighborhood than the existing nonconforming structure and/or use. 5. The Locus is currently improved with dwelling having a ground cover of 1,870 sq. ft. and a garage having a ground cover of 240 sq. ft. The total existing ground cover is 2,110± sq. ft. for a ground cover ratio of 5.13% where 3% (1,233 sq. ft.) is maximum allowed. However, the lot is an undersized pre-existing nonconforming lot of record, containing 41,100 sq. ft. in LUG -3 where 120,000 sq. ft. is minimum lot size, and is thus allowed up to 2,000 sq. ft. per Section 139-33.E(1)(b). The Locus is pre-existing nonconforming as to front and side yard setbacks with both the house and garage both sited within the thirty-five (35) foot front yard and ten (10) foot side yard setbacks. The original dwelling may have been constructed prior to 1972 and the garage was built circa 1975. Subsequent additions to the dwelling include a 1981 deck and a 1986 addition, both on the northeast elevation. 6. The Locus was in existence as of November 15, 1990, at which time it was located in the LUG -1 zoning district. Due to a subsequent zoning change passed at the 1990 Special town Meeting, the LUG -3 zoning requirements became applicable to lots of record in this area. As set forth in the Editor's note to By-law Section 139-16, until January 1, 2000, the Locus had the benefit of Limited Use General One ("LUG -l") intensity regulations and was allowed ground cover ratio of 7% or, in this case, roughly 2,877 square feet. 7. At the initial public hearing on August 8t', Attorney Glidden requested approval to remove and reconstruct any or all of the pre-existing nonconforming structures or any portion thereof within the side and front yard setbacks and in excess of the permitted 3% ground cover ratio, and more specifically, to allow for new construction and/or additions with the ability to retain the pre-existing nonconforming ground cover of 2,110 sq. ft. with no change to the pre- existing nonconforming setback distances. The Board noted that the Applicant was reserving the possibility of leaving some of the existing structure in place, thus resulting in continued encroachment within the front and side yard setbacks and therefore the request for relief had to be amended to include the waiver from setback requirements, to the extent necessary, in order to comply with Section 139-33.A(4). At the continued hearing on September 12�', Attorney Glidden informed the Board that the design program had changed such that all 3 existing structures will be removed and/or demolished and all new construction 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. 8. Therefore, after a discussion with the Applicant's counsel, the Board finds that such a Special Permit may be granted to allow demolition of the existing structures and construction of new structures, with the Locus, after such construction, continuing to have total ground cover of up to about 2,110 sq. ft. or about 5.13%, 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. 9. Accordingly, by a UNANIMOUS vote of the sitting Board, the Zoning Board of Appeals made the finding that the proposed demolition of the existing structures and the construction of new structures, with the Locus, after such construction, continuing to have total ground cover of up to about 2,110 square feet or about 5.13%, and with all of the structures 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 H Assessor's Map 43, Parcel 91.1 4 Shawkemo Road Limited Use General 3 ("LUG -3") Dated: September 12, 2019 Nantucket, ss. Certificate of Title No. 27324 Land Court Plan No. 14732-E o• Micha 'M�rtr � Geoffrev W. ThAver COMMONWEALTH OF MASSACHUSETTS On the � day of V , 2019, before me, the undersigned notary public, personally appeared t VLA V Ly Usti( , 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. Offic /Sign::att Sealof Notary Public My commissios: , 0A6 6rj %) =C;oMmONWEALTH PR bDc L OF MASSACHUSETTS ion Expires On 8.2020