HomeMy WebLinkAbout037-04
TO:
TOWN CLERK'S OFFICE
FROM:
LINDA F. WILLIAMS, ZBA ADMINISTRATOR
DATE:
OCTOBER 20, 2004
RE:
ZBA FILE NO. 037-04, WILLIAM J. UNTEREKER AND SUSAN K.
UNTEREKER
It has just been brought to my attention that a new Land Court Plan was filed subsequent
to the filing ofthe above noted Decision. Lot A, referenced in the third paragraph on
Section 3, is now shown as Lot 20 on Land Court Plan No. 16,965-J. This point needs to
be clarified in the Decision prior to the filing of this document at the Registry of Deeds.
A copy of the relevant page is attached hereto with the correction and my initials.
To avoid any confusion, please add this corrected page to the Decision already filed with
your office. As this cover sheet states, there is no 20-day appeal period required for
clerical corrections. The Registry of Deeds needs a corrected version to be filed at the
Town Clerk's office and certified by your office before they will file it against the record
in their office.
Should you have any questions, please do not hesitate to call this office at 508-228-7215.
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
Date:
ocJ-e kv e:{ () I zmtf
TO: Parties in Interest and others concerned with the
Decision of the BOARD OF APPEALS in the Application of
the following:
APPLICATION NO.: 0 37-04
OWNER/APPLICANT: W/if;'o fYJ J,()f) iereLer o.rxf)
~Bnf) ~ ()f)'fifeker
Enclosed is the Decision of the Board of Appeals which has this
day been filed with the Nantucket Town Clerk. This Decision
provides a CLARIFICATION (not a Modification), an EXTENSION, or
authorizes a TEMPORARY PERMIT under Nantucket Zoning By-Law
~l39-26H, with NO twenty (20) day appeal period required.
~~A~OM
~()J'\.I?~ J:- ,$) 'Chairman
cc: Town Clerk
Planning Board
Building Department
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
3cJ~ Ii
, 20 atf
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
fol.lowing:
() J7~otf
bwner/Applicant: ()J ,']''' 'elm 3. (J/f) 'fere kt"',(
SU~n 1<, Un'ffreK:r?f
Application
No. :
o()({J
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in 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 an complaint in 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.
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET
ZONING BY-LAW ~139-301 (SPECIAL PERMITS); ~139-32I (VARIANCES)
I
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
I EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 38
Parcel 56
LUG-2
51 Warrens Landing Road
LC Plan No. 16956-C, Lot 1
COT 18849
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P.M.,
Friday, June 11,2004, in the Conference Room, Town Annex Building, 37 Washington Street,
Nantucket, Massachusetts, on the Application of the WILLIAM J. UNTEREKER AND SUSAN
K. UNTEREKER, 400 Riverview Road, Swarthmore, PA 19081, Board of Appeals File No.
037-04, the Board made the following Decision:
1. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A(8) to allow alteration of the lot lines of an existing nonconforming lot
containing a conforming single-family dwelling. The Lot currently has a lot area of about 29,400
square feet in a district that requires a minimum lot size of 80,000 square feet. Applicants
propose to incorporate an about 14,605 square-foot portion ofan adjacent vacant lot (shown as
Lot 13 on Land Court Plan 16956-G, Assessor's Map 38, Parcel 36.1, 222 Eel Point Road), to
increase the lot size to about 44,005 square feet. The resulting improved lot, while not fully
conforming to the minimum lot size requirements, would become less nonconforming. The
remaining portion of multi-acre Lot 13 would continue to comply with zoning in all respects. In
the event that the Board of Appeals finds that the two lots in question have merged for zoning
purposes the Applicants are seeking relief in the alternative by V ARIANCE under Nantucket
Zoning By-law Section 139-16A to validate the subject lot, with 44,005 square feet oflot area, as
separately marketable and buildable from a new conforming Lot 13.
The Premises is located at 51 WARRENS LANDING ROAD, Assessor's Map
38, Parcel 56, Land Court Plan 16956-C, Lot 1. The property is zoned Limited-Use-General-2.
2. The Decision is based upon the Application and the materials submitted with it
and the testimony and evidence presented at the Hearing. The Planning Board made no
recommendation. There were no letters on file in favor of or in opposition to the Application.
3. Applicants, through counsel, represented that they are the owners ofthe Locus,
which is shown as Lot 1 on Land Court Plan No. 16596-C. Delphine V. Bell created the Locus
and the abutting parcel shown as Lot 2 on the same plan when she subdivided Lot C on Land
Court Plan No. 16596-A in 1969. Lot 2 was conveyed to Thomas and Diana Bell, individually
in 1969, and to Diana Bell individually in 2000. Lot 1 was conveyed by Dudley Bell
(Delphine's surviving husband and heir; she died in 1972) to the Foggy Run Realty Trust in 1983
with Thomas S. Bell and Emilie B. Mahoney as Trustees. There are eight beneficiaries of the
Foggy Run Realty Trust: Mary Anne B. Williams, William B. Williams, Emilie B. Mahoney,
Morgan F. Mahoney, Diana P. Bell, Thomas S. Bell, Helen R. Bell and James D. Bell. These
beneficiaries were the owners of Lot 1 from 1983 until March 23, 1999, when Lot 1 was
conveyed to William J. Untereker and Susan K. Untereker.
The abutting parcel, a conforming vacant lot shown as Lot 13 on Land Court Plan
No. 16956-G was created by the subdivision of Lot 11 on Land Court Plan No. 16596-F in 1993.
Lot lIon Land Court Plan No. 16596-F was created by the subdivision of Lot D1 on Land Court
Plan No. 16596-B in 1949. From 1972 to 1999, the owners in succession were Ann Scott
Nevius, The Nantucket Portfolio, Inc., Nantucket Bank and Compass Bank, and Lee H. Dunn,
Trustee of Warren's Landing Trust have owned the land. The land was purchased by Susan E.
Kelly, Trustee of Jekarwill Nominee Trust on August 31, 1999. The beneficiaries of Jekarwill
Nominee Trust are William Untereker (49%), Susan K. Untereker (49%), and their sons, William
K. Untereker and John Edward Untereker (each with a 1% interest). Under the terms of the
Nominee Trust, consent of 100% of the beneficiaries is needed before the Trustee could take any
action in connection with the property.
Applicants are seeking a finding that the difference in the existing ownership of
Lots 1 and 13, as detailed above, has been sufficient to prevent a merger of those lots and argue
that at no time were the two abutting lots held in common control or ownership since a time prior
to the 1972 enactment of the Zoning By-law and that Special Permit relief is appropriate to allow
the reconfiguration of the Locus. Applicants propose to reconfigure the common lot line by
conveyance of a portion of Lot 13, with an area of about 14,605 square feet and shown as Lot A,
to the Applicants to be combined with the Locus. The Locus would increase from about 29,400
square feet of area to about 44,005 square feet of area in a district that requires a minimum lot
size of 80,000 square feet, thus reducing the nonconforming lot size but not making the Locus
fully conforming. The remaining Lot 13 would continue to be conforming in all respects. A
single-family dwelling was constructed on the Locus in 2001, which complies with current
setback and ground cover requirements.
4. Therefore, based upon the foregoing, the Board fmds that there was no merger of
the subject lot with the immediately abutting lot (222 Eel Point Road) and that Special Permit
reliefuJlder Nantucket Zoning By-law Section 139-33A(8) was appropriate. In addition, the
Board finds that there would be no new nonconformity created and no increase in any existing
nonconf{)rmity with the alteration of the lot line, and said alteration allowed by a grant of Special
.Permit relief would not be substantially more detrimental to the neighborhood than the existing
nonconforming situation. The Board notes that the subject Lot would become less
nonconforming as to lot area with the alteration in lot lines.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the SPECIAL
PERMIT relief under Nantucket Zoning By-law Section 139-33A(8) allowing the alteration in the
lot line as proposed, upon the following conditions:
a. The project shall be done in substantial conformance with the "Site Plan of Land"
done by Blackwell and Associates, Inc., dated May 13, 2004, a reduced copy of
which is attached hereto as Exhibit A;
b. There shall be no further subdivision of the larger lot, shown as Lot 13 on Land
Court Plan 16956-0, Assessor's Map 38, Parcel 36.1, 222 Eel Point Road), and
the restriction shall be recorded against this lot in favor of subject Lot 1. This
Decision is specifically conditioned upon the recording of said restriction prior to
or no later than the time of the recording of the Decision at the Registry District of
Nantucket County.
(BOA File No. 037-04)
Dated: July y~, 2004
Dale Waine
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at
1:00 P.M., FRIDAY, JUNE 11,2004 in the Conference Room, Town Annex Building,
37 Washington Street, Nantucket, Massachusetts, on the Application of the following:
Wll.JAM J. UNTEREKER AND SUSAN K. UNTEREKER
BOARD OF APPEALS FILE NO. 037-04
Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A(8) to allow alteration of the lot lines of an existing nonconforming
lot containing a conforming single-family dwelling. The Lot currently has a lot area of
about 29,400 square feet in a district that requires a minimum lot size of80,OOO square
feet. Applicants propose to incorporate an about 14,605 square-foot portion of an
adjacent vacant lot (shown as Lot 13 on Land Court Plan 16956-G, Assessor's Map 38,
Parcel 36.1, 222 Eel Point Road), to increase the lot size to about 44,005 square feet. The
resulting improved lot, while not fully conforming to the minimum lot size requirements,
would become less nonconforming. The remaining portion of multi-acre Lot 13 would
continue to comply with zoning in all respects. In the event that the Board of Appeals
fmds that the two lots in question have merged for zoning purposes the Applicants are
seeking relief in the alternative by V ARIANCE under Nantucket Zoning By-law Section
139-16A to validate the subject lot, with 44,005 square feet oflot area, as separately
marketable and buildable from a new conforming Lot 13.
,
The Premises is located at 51 WARRENS LANDING ROAD, Assessor's Map
38, Parcel 56, Land Court Plan 16956-C, Lot 1. The property is zoned Limited-Use-
General-2.
~~~c~
Nancy J. Sevrens, gMirman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASE NO. 0 '3)-ot
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s): William J. Untereker and Susan K. Untereker
Mailing address: 400 Riverview Road, Swarthmore, P A 19081
Applicant's name(s): Same
Mailing address: Same
Locus address: 51 Warrens Landing Road
Assessor's Map/Parcel: 3{J56
Land Court Plan/Plan Book & Page/Plan File No.: 16956C Lot No.:-1
Date lot acquired: 3 1 23 1 99 Deed Ref./Cert. of Title: 18849 Zoning District: LUG 2
Uses on Lot - Commercial: None_ Yes (describe)
Residential: Number of dwellings 1
Building Date(s): All pre-date 7/72? or
Building Permit Nos: 987-01
Previous Zoning Board Application Nos.:
Duplex _ Apartments_Rental Rooms
C of O(s)? yes
none
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the
Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
See Addendum A
I certify that the information contained herein is substantially complete and true to the best of my knowledge,
under the pains and penalties of perjury.
William 1. Untereker and Susan K. Untereker, by their attorney, Melissa D. Philbrick
SIGNATURE~:J~~ ~~T ~~~=:!:cr
(If not owner or owner's attorney, please close proof of agency to bring this matt r before the Board)
I 2 0 BA FFICE USE
Application received on:...S:;J.zO By: Complete: Need copies?: ~ \
FiledwithTownClerk:Dz.j_Plannin '___ Ul mg ept.:___ . a?~
Fee deposited with Town Treasurer:-.f)1LIO;)BY: ttP.u Waiverrequested?: Granted:~~_
Hearing notice posted with Town Clerk:-.i)1i?Q1Mailed: j/ZJ7.$&M: JI 27CJrf& (o'3/~
Hearing(s) held on:_I_I_ Opened on:_/~_ Continued to:_I_I_ Withdrawn?:~_I_
DECISION DUE BY: 1 1 Made: 1 1 Filed w/Town Clerk: 1 1 Mailed: 1 1
--- --- --- ---
DECISION APPEALED?: 1 1 SUPERIOR COURT: LAND COURT Form 4/03/03
Addendum A
That portion of Locus shown as Lot 1 on Land Court Plan 16956C known
as 51 Warrens Landing Road, was created by plan in 1969, contains 29,400 square
feet of area, and is located in a zoning district which requires lots to have a
minimum of 80,000 square feet of area. A single family dwelling was
constructed on Lot 1 in 2001. The dwelling complies with current setback and
ground cover requirements.
Applicants request a Special Permit to increase Lot 1's area to 44,005
square feet as shown on the attached plan, by incorporating a portion of the
adjacent vacant land which is shown as Lot 13 on Land Court Plan 16956-G. The
resulting improved lot, while not fully conforming to the minimum lot size
requirements, will become less non-conforming. The remaining portion of Lot 13 .0\
will comply with zoning in all respects. ff'C)'<\A S.9 &oY\ \?q ~ ~~ PrCV
The Applicants represent that the undersized Lot 1, now owned by
William and Susan Untereker; has been held in ownership separate from all
abutting parcels since a time prior to zoning. Lot 13 is owned by Susan E. Kelly
(a/kl a Susan K. Untereker) as Trustee of Jekarwill Nominee Trust, the
beneficiaries of which are William Untereker (49 %), Susan K. Untereker (49 %),
and their sons, William K. Untereker and John Edward Untereker (each with a 1
% interest). Under the terms of the Nominee Trust, consent of 100% of the
beneficiaries is needed before the Trustee can take any action in connection with
the property. By law, even the owner of a 1 % interest has the right to petition a
court to force a partition of the property by sale. The Applicants seek a finding
that this difference in the existing ownership of Lots 1 and 13 has been sufficient
to prevent a merger of those lots. In the event the Board disagrees, and
determines that these lots have been held in common control, the Applicants
request relief by variance to separate the resulting lots into two parcels: a vacant
lot fully conforming with zoning and the reconfigured improved lot with 44,005
square feet of area as shown on the atta'G: ~~ IZS 9-r(orfT
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Shown on Plan 16956F
Filed with Cert. of Tille No. 15356
Registry District of Nantucket County
Separate certificates of title may be issued for land
shown hereon as lols: J?. P. '1{1.d. /.1,.............
. By 'h, Co",,. &J~jz!a~. Q
.~ o;;c, I.l, 199-". ~;;id
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/6956G
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-filed in-
LAND REGISTRA TION OFFICE
or:c. /J. /993
Scala of this plan /20 feet to an inch
Louis A. Moore. Engineer for Court
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Town of Nantucket
RECEIVE.D
BOARD OF ASSESSORS
APR 2 9 2004
TOWN OF
NANTUCKET, MA
ZONING BOARD OF APPEALS
LIST OF PARTIES fN fNTEREST IN THE MATTER OF THE PETITION OF
PROPERTY OWN ER..(/.f/ f~(r:; i?..C.. ./. .k.? . U'j .,. .--r:;:.~sfe. e...
MAl UNO ADDRESS. .r:!P...P.~.! l ~ n.4.->: f. A.v.~........... _
PRO PER TY LOCATION... 5/ .0.J.~~ .L."<;f<A,~. &.f..~. P,. .~.. Eel jJ"",;f frJo<>-<I
ASSESSORS MAP/PARCEL... 3.8> :?.~.... j..~ .8:..~. .~.~.:.../...........
APPLICANT....... U.~. t~r:-:?/~.~ .c... ...... '" ...... ... ... '" ... ......... .........
SEE ATTACHED PAGES
I certify that the foregoing is a list of 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, all as they appear on
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139-29D (2)
'?1la;~Q?@Y
DATE
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ASSESSOR'S OFFICE
Town of Nantucket
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