HomeMy WebLinkAbout26-19 7 Clifford StreetFee: $450.00
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Owner's name(s): Sheila and Carmine Giardini
File No. � 6 - % 13
Mailing address: c/o Cohen & Cohen Law PC 34 Main Street P.O. Box 786
Phone Number: 508-228-0337 E -Mail: Steven(aD-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: Steven Cohen leg al. net
Locus Address: 7 Clifford Street Assessor's Map/Parcel: 79 19
Plan: Lot 35 on LC Plan 17745-F and Certificate of Title: 20981
Zoning District: R-20
Uses on Lot- Commercial: None Yes (describe)
Residential: Number of dwellings: 2 Duplex Apartments
Date of Structure(s): all pre -date 7/72 or 2005 and 2006
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: an=== Applicant/Attomey/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Continued to: / / Withdrawn: / / Decision Due By: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
The locus, 7 Clifford Street, is a dimensionally conforming
oversized lot of 60,984± SF in the Residential 20 (R-20) Zoning
District. It is shown on Assessor's Map 79 as Parcel 19 and also as
Lot 35 upon Land Court Plan No. 17745-F at the Nantucket Registry
District of the Land Court. Evidence of Applicant's ownership is at
Certificate of Title No. 20981.
Pursuant to Zoning Bylaw Section 139-16.C.3, the R-20 zoning
district provides for a 30 foot front yard setback and 10 foot side
and rear yard setback. The locus fronts on Clifford Street to the west
and also previously abutted an unconstructed private. way, Harriet
Street (a/k/a Prospect Street), to the east, but that land was Taken
by Eminent Domain by the Town of Nantucket in 2014 (Document No.
147396) 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 on June 8, 2015 (see Plan No. 2015-35). This plan
created Parcel H, which is 20' wide along the eastern boundary of the
Locus. The disposition of Parcel H to the Applicant (and of the other
parcels to the other abutters) has been held up for more than five
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 they are the only abutter. Applicant has delayed
development of this lot for several years waiting for the Yard Sale
process to be completed.
In June 2018, Applicant sought to de -register their land from the
Land Court system, to try to cut down on the delay. However, because
the Town filed for a Certificate of Title in July 2018, Applicant has
withdrawn that action so as to not interfere with the Land Court
petition.
Due to the long narrow shape of the lot, and the unusual title
clearing related to Parcel H, Applicant seeks relief by Special Permit
to reduce the rear (eastern) setback from 10' to 5' per §139-16(C)(1)
of the Zoning Bylaw. The rear setback, as noted above, borders the
taken land of Parcel H. Section 139-16(C)(1) allows for reduction of
the rear setback when such relief is in harmony with the general
purpose and intent of the Zoning Bylaw. In this instance, the setback
between the Premises and the abutting property will still be greater
than the mandated 10' due to the 20' wide Parcel H between the
properties. Even once the Yard Sale program is complete, the setback
between the properties will be more than 10 feet, therefore there is
no violation of the general purpose and intent of the Zoning Bylaw.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
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Town of Nantucket O,-ccciL
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PROPERTY OWNER: Sheila & Carmine Giardini
MAILING ADDRESS: c/o Cohen & Cohen, 34 Main Street, Nantucket
PROPERTY LOCATION: 7 Clifford Street, Nantucket, MA 02554
ASSESSOR MAP/PARCEL: 79/19
SUBMITTED BY: Cohen and Cohen Law PC
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 (2) .
DATE ASSESSOR'S OFFICE
TOWN OF NANTUCKET
ROSE HERBERT HOULIHAN M CYNTHIA GIARDINI CARMINE & SHEILA
1111 PARK AV 27 VAN BUREN AVE 202 W RIVERSIDE DR
NEW YORK, NY 10128 W HARTFORD, CT 06107 JUPITER, FL 33469
6 CLIFFORD STREET LLC
TORRISI MICHAEL A & MARY E
HERBERT JAMES C & KATHLEEN H
CC TOWNSEND
38 HIGH ST
227 AVONDALE ST
63 ALFRED DROWN ROAD
ANDOVER, MA 01810
HOUSTON, TX 77006
BARRINGTON, RI 02806
COHASSET, MA 02025
SHUGRUE JOHN J & NANCY J
NOBLE PAUL E JR & ANNE J
MSCISZ MARK TR
PO BOX 1811
PO BOX 156
25 HIGH STREET
NANTUCKET, MA 02554
NANTUCKET, MA 02554
TOPSFIELD, MA 01983
CONONICUS PARTNERS LLC
CLANCY JOSEPH F TR
FIFTY NINE POCHICK AVENUE LLC
561 HARRINGTON AVE
CLANCY J F REVOCABLE TRUST
125 EAST 87TH STREET APT 9G
CONCORD, MA 01742
112 BEACH STREET
NEW YORK, NY 10128
COHASSET, MA 02025
MAGEE CHRISTOPHER J & JANET E
WILKINSON BETH ETAL
BROWN DENNIS G & PATRICIA L
P 0 BOX 5262
2167 DUNMORE LANE NW
203 EAST 72ND ST APT 26C
NANTUCKET, MA 02554
WASHINGTON, DC 20007
NEW YORK, NY 10021
ROSE ANNE M POLLACK RICHARD MICHAEL 73 LOVERS LANE LLC
1111 PARK AV 218 SEASPRAY AV 4310 36TH ST NW
NEW YORK, NY 10128 PALM BEACH, FL 33480 WASHINGTON, DC 20008
PLATT DANIEL T & JENNIFER WALSH ANTHONY F & EDITH S VILLAR ARTHUR CHRISTOPHER TR El
68 SCHOOL STREET 821 GREAT SPRINGS RD 1515 15TH STREET NW APT # 607
HINGHAM, MA 02043 BRYN MAWR, PA 19010 WASHINGTON, DC 20005
SURFSIDE NANTUCKET PARTNERS LP STEWART GLENN & JUDITH R NANTUCKET TOWN OF
63 ALFRED DROWNE RD 6408 CUTTER RIDGE CT 16 BROAD ST
BARRINGTON, RI 02806 COLLEYVILLE, TX 76034 NANTUCKET, MA 02554
THOMAS THOMAS M & FRENCH REBECCA MOORE STARR ROOST AT NOBADEER LLC
T TR 3330 CUMBERLAND BLVD SE #610 35 NOBADEER AVE
3100 FOULKEWAYS ATLANTA, GA 30339 NANTUCKET, MA 02554
GWYNEDD, PA 19436
JACOBSON NATALIE SALATICH CARREY BERNARD S & VIRGINIA TRST BIRD ALPINE C ETAL TRS
37 NOBADEER AV 11021 VIA TUSCANY LN # 201 2 RIVER DR
NANTUCKET, MA 02554 MIROMAR LAKES, FL 33913 ANNAPOLIS, MD 21403
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2 19 NOV -7 Psi 2: 2 F
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: November 4, 2019
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 26-19
Owner/Applicant: SHEILA & CARMINE GIARDINI
Property Description: 7 Clifford Street
Map 79, Parcel 19
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. Antonie ti,
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 79, Parcel 19
7 Clifford Street
Residential — 20 (R-20)
DECISION
Certificate of Title No. 20981
Land Court Plan 17745-F
Lot 35
1. At a public hearing of the Nantucket Zoning Board of Appeals (the "Board") opened on
Thursday, October 10, 2019 in the Conference Room, at 4 Fairgrounds Road, Nantucket,
Massachusetts, the Board made the following Decision on the application of SHEILA and
CARMINE GIARDINI ("Applicants"), c/o Cohen & Cohen Law PC, 34 Main Street, 2nd
Floor, P.O. Box 786, Nantucket, MA 02554, in File No. 26-19.
2. Applicants are requesting Special Permit relief pursuant to Zoning By-law Section 139-16.C(1)
to reduce the ten (10) foot rear yard setback to five (5) feet in order to construct a pool and
pergola as close as five (5) from the easterly lot line. The Locus is situated at 7 Clifford Street,
shown on Assessor's Map 79 as Parcel 19, and as Lot 35 upon Land Court Plans 17745-F.
Evidence of owner's title is registered on Certificate of Title No. 20981 at the Nantucket
County District of the Land Court. The site is zoned Residential 20 (R-20).
3. Our decision is based upon the application and accompanying materials, representations, and
testimony received at the public hearing. Applicant, through its counsel, Steven Cohen,
presented testimony at the public hearing. No written opposition was presented at the hearing.
One island resident, not an abutter, spoke in opposition stating that the area is being overbuilt,
in general, and that a pool will produce light and noise. Her primary concern was compliance
with the noise and lighting (dark skies) by-laws.
4. Pursuant to the provisions of Section 139-16.A, the R-20 zoning district requires a thirty (30)
foot front yard setback and ten (10) foot side and rear yard setbacks. The locus fronts on
Clifford Street to the west, is bordered by Weweeder Avenue to the north, and also previously
abutted an unconstructed private way, Harriet Street (a/k/a Prospect Street), to the east.
However, the portion of Harriet Street which directly abuts the Locus was acquired by Eminent
Domain by the Town of Nantucket in 2014 (See Order of Taking registered as Land Court
Document No. 147396) and 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 on June 8, 2015 (on file with the Registry of
Deeds as Plan No. 2015-35). This plan created Parcel H, which is twenty (20) feet wide along
the eastern boundary of the Locus. Although the disposition of Parcel H to the Applicant (and
of the other parcels to the other abutters) has been held up due to protracted Land Court
2
proceedings for over five years, it is part of the Nantucket "Yard Sale" Program. Under the
terms of the Yard Sale Program, the Applicants are certain acquirers of the land, since they are
the only direct abutters. The Applicants have delayed development of this lot for several years
waiting for the Yard Sale process to be completed.
5. The Applicants are seeking Special Permit relief pursuant to Section 139-16.C(1) which reads:
The Board of Appeals may grant a special permit to reduce the ten foot
side yard setback in R-5 and the ten foot side and rear yard setback in
R-10, SR -10, R-20 and SR -20 to five feet.
Specifically, Applicants propose to construct a pool and pergola inside the existing easterly
setback of the Locus. The Locus is compliant as to R-20 zoning, having a lot area of 60,005
sq. ft. where 20,000 sq. ft is the maximum required lot area. The existing structures upon the
Locus comply with the thirty (3 0) foot front and the ten (10) foot side and rear setbacks, other
than an encroaching generator which will be removed. The applicants seek a reduction of the
ten (10) foot rear setback to five (5) feet to allow construction of a roughly 504 sq. ft. (14' x
36') in -ground pool and a 280 sq. ft. (14' x 20') pergola as close as 5.1 feet from the existing
easterly lot line. The proposed conditions are shown on plan entitled, "Proposed Site Plan in
Nantucket, Massachusetts", dated August 7, 2019, and prepared by Bracken Engineering, Inc.,
a reduced copy of which is attached herewith as "Exhibit A". The rear setback, as noted above,
borders the taken land of Parcel H.
6. After taking testimony from Applicants' counsel, the Board made the following findings:
a) The applicants are eligible for and committed to acquiring Parcel H as soon as Land Court
proceedings allow. Once a Certificate of Title is issued in the name of the Town, the Town
will convey Parcel H to them to be merged with their property. This will add 6,001 sq. ft.
of lot area and an additional twenty (20) feet of width on the eastern boundary.
b) Upon acquisition and merger, the pool and pergola would be cited no closer than twenty-
five (25) feet from the newly established easterly lot line, thus in full compliance with the
ten (10) foot setback.
Therefore, based upon the above findings, the granting of Special Permit relief to reduce the
current rear setback from ten (10) to five (5) feet remains in harmony with the general purpose
and intent of the Zoning By-law.
7. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL
PERMIT pursuant to Zoning By-law Section 139-16.C(1) to reduce the ten (10) foot rear yard
setback to 5.1 feet in order to allow the construction of an in -ground pool and pergola as shown
on the above -referenced "Exhibit A", subject to the condition that there shall be no further
expansion within the setback without further relief from the Board.
3
Assessor's Map 79, Parcel 19
7 Clifford Street
Residential — 20 (R-20)
Dated: October 10, 2019
Certificate of Title No. 20981
Land Court Plan 17745-F
Lot 35
Kerim Koseatac
QA, �, _
Mark Poor
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. L
On the 5 rb day of Ald Ue4" v 2019, before me, the undersigned notary public,
personally appeared ' &N -X -K Poor , 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
My commission expires:
PAUL M. MURPHY
ct`�
NOTARY PUBLIC
Commonwealth Of Massachusetts
My Commission Expires
December 17, 2021
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