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HomeMy WebLinkAbout27-19 7 Hull LaneFee: $450.00 ?019 SiF 12 PM 3: 14 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION File No. -19 Owner's name(s): Joseph A. Demby Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP 6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584 Phone Number: 508-228-3128 E -Mail: air@readelaw.com Applicant's name(s): Same Mailing Address: Same Phone Number: Same E -Mail: Same Locus Address: 7 Hull Lane Assessor's Map/Parcel: 67-894 Plan File No. 2010-37, Lot 2 Deed Reference Book 1302, Page 145 Uses on Lot- Commercial: None Residential: Number of dwellings One Zoning District Residential -10 (R-10) Date of Structure(s): all pre -date 7/72 No or 1996 Building Permit Numbers: 13372-96;1350-07;121-12; 644-18 Previous Zoning Board Application Numbers: 030-10 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile S:\FpD\DAY\ZB application £or October 2019.doea State below or attach a separate addendum of specific special permits or variance relief applying for: The applicant requests that the decision in Board of Appeals File No. 030-10, granting a variance to the applicant and his former wife to enable their property to be divided into two lots, one of which is the present locus and was conveyed to the applicant pursuant to a separation agreement in connection with the divorce, be modified by removing the conditions that: (a) No additional ground cover shall be placed upon either of the lots to be created by the division of the locus without further relief from this Board; and (b) No secondary dwellings shall be permitted upon either of such lots. Locus contains about 8,209 square feet in lot area; the present ground cover of the dwelling upon locus is 1,307± square feet. Maximum permitted ground cover in this R-10 district is 25%, or 2,052± square feet. Locus also contains an exempt shed with ground cover of 107± square feet. See plot plan by Nantucket Surveyors LLC dated September 11, 2019. An additional "vinyl shed" shown upon that plan is to be removed, and the landing extending into the southwesterly side yard setback area is to be relocated. 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: Joseph A. Demby Owner By: 4� SIGNATURE: / (/ 14pp4eftfit4Attorney4Ageat thur I. Reade, Jr. OFFICE USE ONLY Application received on:—/—/— By: Complete: Need Copies: Filed with Town Clerk:-/-/- Planning Board:_/_/_ Building Dept.:-/-/- By: Fee deposited with Town Treasurer: -/-L By:_ Waiver requested: Granted:_/_/_ Hearin notice posted with Town Clerk:-/-/— Mailed:—/--/- g Hearing(s) held on:_/_/_ Opened on Continued to:_/_/_ Withdrawn:_/_/_ Decision Due By:_/_/_ Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:— / -J- 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Y:\MpD\DZMY\ZH applieatioo £or October 2019.do= Town and County of Nantucket, MA September 12, 2019 '4au:iM' MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town and County of Nantucket, MA makes no claims and no warranties, expressed or implied, conceming the validity or accuracy of the GIS data presented on this map. Geometry updated 11/13/2018 Data updated 11/19/2018 DHCB FND CP 10.00" WIDE SEWER EASEMENT IN FAVOR LOT 2 PL. NO. 2010-37 BOOK 1302 PAGE 147 60-272 �\ \ SHED GC=107± S.F. 66 \O�p (EXEMPT) / S LOT 2 / 8,209± S.F. N/F LIA K. MARKS, TRUSTEE 67-273 LOT 2: SEE BOARD OF APPEALS DECISION. APPLICATION NO. 030-10, DATED MAY 27, 210, DEED BOOK 1235, PAGE 197. VARIANCE GRANTED FOR LOT AREA AND FRONT YARD SETBACK CURRENT ZONING: R-10 (PWR) MINIMUM LOT SIZE: 10,000 S.F. MINIMUM FRONTAGE: 75' FRONTYARD SETBACK: 20' SIDE AND REAR SETBACK: 10' ALLOWABLE G.C.R.: 25% EXISTING G.C.R.: 15.9% i FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE ' EXAMINATION OR A RECORDABLE SURVEY. N.B. 431/128 O� n� N O O 00� O L' O v P PLOT PLAN #7 HULL LANE 0 rn 6 CL Y m J a z a 0 N/F COREY L. COSTA & CHRISTOPHER R_ ROACH 67-129.1 VINYL SHED (TO BE REMOVED) cel ORS DHCB DHCB FND PAIR J. SANTOS No. 36124 /f/19 ;,HT BY q NANTUO(ET IN NANTUCKET, MASSACHUSETTS SCALE:1"=20' DATE:9/11/19 DEED REFERENCE: Dd. Bk. 1302 Pg. 145 PLAN REFERENCE: PI. No. 2010, Pg. 37 ASSESSOR'S REFERENCE: MAP: 67 PARCEL: 894 PREPARED FOR: JOSEPH A. DEMBY NANTUCKET SURVEYORS LLC 5 WINDY WAY NANTUCKET, MA. 02554 N-9595 Town of Nantucket Zoning Board of Appeals BOARD OFCEIVE ASSEDSO RS AUG Z2 019 NAS oCK� MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER......Joseph ...,,Joseph A. Demby , ....... . XX A rr MV1 n nnDL OC c/o Reade, Gullicksen, Hanley & Gifford, LLP PROPERTY LOCATION ..... 7,Hu11.Lane............... ASSESSOR MAP/PARCEL.. 67-894 ...................................... . ............ SUBMITTED BY. , , , .. , , , . ,Reade, Gullicksen, Hanley & Gifford, LLP 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)• k-,� l -/1 DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET M :25:§:E: z c wz :Z: all: iz.d 1E /: 1:,E, IS ;5 :(a �uj i(,) :I -- !L 0 10 lx, j2:o�2 , :X: o :z : CL Lu :(L :0 : w Lu c 0 J- CL oz UJ CD — :CA :IV :%) ;w : :— :— A :9 ■ ¥1:0,, LLI :� g0 := z L -L, 0 liz x imT x i W, coo cc 4- � ca !-a ',a 0 00 i <z i U, :© 12 im i 05 I o io v, < a :u, z A2 z uj 0 :e§§§: z Lu X z — :CA :IV :%) ;w : :— :— A :9 ■ CALL 2013 NOV -7 PH 2: 2 y��9pQAAT��io TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: October 28, 2019 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 27-19 Owner/Applicant: JOSEPH A. DEMBY Property Description: 7 Hull Lane Map 67, Parcel 894 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 67, Parcel 894 Book 1302, Page 145 7 Hull Lane Plan No. 2010-37 Residential -10 (R-10) Lot 2 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals (the "Board"), on Thursday, October 10, 2019, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of JOSEPH A. DEMBY, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 27-19: 2. The applicant seeks to modify a Variance, granted in File No. 030-10, which allowed the applicant and his former spouse to divide their property into two lots, by removing conditions which prohibit additional ground cover and a secondary dwelling. Locus is conforming as to ground cover ratio, having 1,307± square feet of ground cover where maximum allowable ground cover would be 2,052 square feet (25% of lot area, which is 8,209 square feet). The Locus is situated at 7 Hull Lane, shown on Assessor's Map 67 as Parcel 894, and as Lot 2 upon Plan No. 2010-37. Evidence of owner's title is recorded in Book 1302, Page 145 on file at the Nantucket County Registry of Deeds. The site is zoned Residential 10 (R-10). 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation. Except for the presentation by the applicant and his counsel, no support nor opposition was presented at the public hearing or otherwise received by the Board. 4. Present conditions upon locus are shown upon a plan by Nantucket Surveyors LLC dated September 11, 2019, a reduced copy of which is attached hereto as "Exhibit A". Locus is nonconforming as to ground cover, as a result of the lot division permitted by the Variance granted in File No. 030-10, having 8,209± square feet in a district where minimum lot area is 10,000 square feet; as to front yard setback, which is 11.7 feet at the closest point with minimum in this district being twenty (20) feet (also authorized by the Variance in File No. 030-10); and as to side and rear yard setbacks, as a result of steps and landing in the southwesterly side yard and a shed in the rear and northeasterly side yard. As noted in the application, the present ground cover upon locus is about 745 square feet less than that which would be permitted but for the condition in the decision in File No. 030-10 which prohibits additional ground cover. Counsel for the applicant noted that, if the division of the property between the applicant and his former wife had occurred under present zoning provisions, it likely could have taken the form of a special permit for a secondary residential 2 lot. Furthermore, the present provisions allowing a tertiary dwelling were not included in the Nantucket Zoning By-law at that time. 5. Based upon the existing conditions as presented, the Zoning Board of Appeals UNANIMOUSLY voted (5-0) to remove the conditions prohibiting additional ground cover and a secondary dwelling upon locus, with the following new conditions for the relief hereby granted: (a) The shed within the rear and northeasterly side yard setback shall be removed by the applicant. (b) The steps and landing shall be removed by the applicant from the southwesterly side yard setback. (c) There shall be no construction or further expansion of structures within yard setback areas. 6. Except as expressly herein modified, all provisions of the decision in File No. 030-10 shall be and remain in full force and effect. SIGNATURE PAGE FOLLOWS 3 Assessor's Map 67, Parcel 894 7 Hull Lane Residential -10 (R-10) Dated: W -ober /0,2019 Nantucket, ss. Book 1302, Page 145 Plan No. 2010-37 Lot 2 Mi"J. J. O'Mara Kerim Koseatac ,. Ayl & i 4---)z— "Mark Poor COMMONWEALTH OF MASSACHUSETTS On the - day of i%4z,"- , 2019, before me, the undersigned notary public, personally appeared dates , 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 actmeed and voluntarily for the purposes therein expressed. / J My commission expires: PAUL_ M. MURPHY * h NOTAPY PUBLIC Commonwealth of Massachusetts My Commission Expires December 17, 2021 DHCB FND 1:1110 10.00' WIDE SEWER EASEMENT IN FAVOR LOT 2 PL. NO. 2010-37 BOOK l23 '2 PA7Ev147 60-272 SHED GC=107± S.F. S 66100 (EXEMPT) / LOT 2 / 8,209± S.F. "EXHIBIT A" n rn ti a �i Y 0) J CL z 0 cr w 2 N/F COREY L COSTA do CHRISTOPHER R. ROACH 67-129.1 VINYL SHED (TO BE REMOVED) 0�or- 0 OR OGP�E DHCB / FND i N/F\tJG F p1 • ��- LIA K. MARKS, 3 TRUSTEE '50, 67-273 G 2 tJ� moo. `ps. / l- o, y' oo Ri If LOT 2: SEE BOARD OF APPEALS DECISION. 'S° APPLICATION NO. 030-10, DATED MAY 27, 210, DEED BOOK 1235, P PAGE 197. VARIANCE GRANTED FOR v L PLOT PLAN LOT AREA AND FRONT YARD SETBACK. DFHCDB7 N HULL LANE IN CURRENT ZONING: R-10 (PWR) NANTUCKET, MASSACHUSETTS MINIMUM LOT SIZE: 10,000 S.F. SCALE:1"=20' DATE:9/11/19 MINIMUM FRONTAGE: 75' FRONTYARD SETBACK: 20' SIDE AND REAR SETBACK: 10' OF DEED REFERENCE: Dd. Bk. 1302 Pg. 145 PLAN REFERENCE: PI. No. 2010, Pg. 37 ALLOWABLE G.C.R.: 25% EXISTING G.C.R.: 15.9% PAUL J SANTOS ASSESSOR'S REFERENCE: No. 36124 MAP: 67 PARCEL: 894 PREPARED FOR: FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN JOSEPH A. DEMBY RELIES ON CURRENT DEEDS AND PLANS OF RECORD. i VERIF�D BY FlELD MEASUREMENTS AS SHOWN HEREON. p� NANTUCKET SURVEYORS LLC f THIS PLAN IS NOT REPRESENTED TO BE A TITLE r / / ! 5 WINDY WAY i EXAMINATION OR A RECORDABLE SURVEY. NANTUCKET, MA. 02554 N.B. 431/126 COPYRIGHT BY NANTUCKET SURVEYORS, LLC. N-9595