HomeMy WebLinkAbout033-06
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
Af [11 Y
zCc , 2000
To: Parties in Interest and others concerned with the
DeelsIan of the BOARD OF APPEALS in the Application of the
following:
Application No.: 03;;l-O(P /0... B-CJ C,
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Owner/Applicant: . ::X-\~r') r, [)) e-(L~ ,...1(" , an cQ
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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
com,laint 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 9139-301 (SPECIAL PERMITS); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
File No. 032-06
Assessor's Map 48, Parcell
3 Hoicks Hollow Road
Limited Use General-3
Land Court Plan 9314-H
Lot 7
Certificate of Title No. 18140
File No. 033-06
Assessor's Map 48, Parcel 1.9
1 Black Walnut Lane
Limited Use General-3
Land Court Plan 9314-H
Lot 16
Certificate of Title No. 19921
CONSOLIDATED DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, April 7, 2006, at 1:00 P.M., in the
Conference Room, in the Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, the Board made the following
decision on the applications of JOHN F. WELCH, JR., and JOHN F.
WELCH, III, as Trustees of JFW NOMINEE TRUST, c/o Reade,
Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Massachusetts 02584, Files Nos. 032-06 and 033-06:
2. The Applicants are seeking relief by SPECIAL PERMIT
under Nantucket Zoning By-law ~139-33.A(8), in order to
reconfigure the property line between their two adj acent lots
held in common ownership: Lot 7, the subject of File No. 032-06,
which is improved with several buildings, and Lot 16, the subject
of File No. 033-06, which is vacant. The purpose of this
reconfiguration is to correct a violation upon Lot 7 of the
ground cover ratio requirement under Nantucket Zoning By-law
~139-16.A, which allows a maximum ground cover ratio of 3% in
this zoning district. Both Lots 7 and 16 were created prior to
April 15, 1980, and therefore are exempt from the regularity
formula under Zoning By-law ~139-16. D. The regularity formula
applied to Lot 7 is about 0.50; the regularity formula applied to
Lot 16 is about 0.35. The minimum regularity factor result is
0.55. Accordingly, Lots 7 and 16 are treated as nonconforming
lots of record, though conforming as to setback and lot size
requirements. The Applicants propose to combine a portion of the
present Lot 16, containing about 4,037 square feet in lot area,
shown as the "Proposed Transfer Lot" upon the plan by John J.
Shugrue, Inc., dated February 13, 2006, a reduced copy of which
is attached hereto as Exhibit A, with Lot 7, in order to increase
the lot area available for the computation of the ground cover
ratio for the structures upon Lot 7. The alteration in boundary
lines would not change the regularity formula calculation for
either Lot 7 or Lot 16, as reconfigured by the transfer of the
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"Proposed Transfer Lot" from Lot 16 to Lot 7, and would not
create any additional nonconformity nor increase any existing
nonconformity. The present ground cover ratio of about 3.08%
(about 6,121 square feet of ground cover; about 198,698 square
feet of lot area) on Lot 7 would be corrected by the inclusion of
the "Proposed Transfer Lot" with Lot 7, resulting in a new lot
area of about 207,235 square feet, for a conforming ground cover
ratio of about 2.95%. The subject parcels consist of:
(a) 3 HOICKS HOLLOW ROAD, Assessor's Map 48, Parcell, shown
on Land Court Plan 9314-H as Lot 7; and
(b) 1 BLACK WALNUT LANE, Assessor's Map 48, Parcel 1. 9,
shown on Land Court Plan 9314-H as Lot 16.
Both subject parcels are situated in a Limited Use General-3
zoning district.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
recei ved at our public hearing. There was no Planning Board
recommendation, on the basis that no matters of planning concern
were presented. Except for the presentation by the Applicants'
representatives, no support or opposition was presented at the
public hearing.
4. Applicants, through counsel, stated that they have
recently discovered by survey that the structures constructed on
Lot 7 exceed the applicable ground cover requirement of 3%.
Accordingly, the Applicants propose to move a parcel of land from
Lot 16 to Lot 7, in order to enable both Lots 7 and 16, as
reconfigured, to constitute valid building lots. Each of Lots 7
and 16 were created prior to the existence of the regularity
factor, and each is therefore exempt therefrom by that provision
of the Zoning By-law; if subject to the regularity computation,
the result would be that each lot is at present nonconforming,
with Lot 7 having a regularity factor of 0.50 and Lot 16 having a
regulari ty factor of 0.35, as shown upon the Exhibit A plan.
Considering this as constituting a zoning nonconformity, the
Applicants hereby apply for special permit relief for each lot
under Zoning By-law ~139-33.A(8), to determine the continuing
validity of each lot after reconfiguration as a separately viable
building lot under all applicable zoning requirements. Because
By-law ~139-16.D(2) excludes the excess lot area, not including
any of the required frontage, from the computation of the
regularity factor, and the "Proposed Transfer Lot" is within the
area of each lot, both before and after the reconfiguration,
which does not need to be included in the regularity calculation,
the result is that the change in boundaries of each lot will not
create any new nonconformity nor increase any existing
nonconformity.
2
5. Accordingly, by a UNANIMOUS vote, the Board of Appeals
made the finding that the reconfiguration of lot lines as
proposed for Lots 7 and 16 would not be substantially more
detrimental than the existing nonconformity to the neighborhood,
and that no new nonconformity would be created, and that the
change would not be substantially more detrimental to the
neighborhood than the existing nonconformi ties. By the same
UNANIMOUS vote in each case, the Board of Appeals granted relief
by SPECIAL PERMIT under Zoning By-law ~139-33.A(8), to
reconfigure the lot lines of each lot as shown upon the Exhibit A
plan, by the inclusion of the "Propo~ sfer Lot" with Lot 7.
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Dated: April ~Go, 2006
Edward S. Toole
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STATES COAST GUARD
NOTE. S.F. MEASUREMENTS DETERMINED
BY FOUNDATION MEASUREMENTS
ZONING. LUG-3
MINIMUM LOT SIZE, 120,000 S.F.
MINIMUM FRONTAGE. 200 FT
FRONT YARD SETBACK. 35 FT
REAR ~ SIDE SETBACK. 20 FT
GROUND COVER RATlOl 31.
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ASSESSORS MAP 48
PARCEL NO. 001
APPROVED.
NANTUCKET BOARD of APPEALS
DATE.
FILE NUMBER.
MCCLINTOCK STELLA M
LOT 16 REG
120,018 S.F.
2.8 Ac.
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L=422.85'
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PROPOSED SUBDIVISION PLAN
OF LAND IN NANTUCKET, MA.
SCALE. 1'=100'
DATE. FEBRUARY 13, 2006
JOHN - J. SHUGRUE, INC.
57 OLD SOUTH ROAD
NANTUCKET, MA 02554
FORI JOHN F. VELCH JR.
o 100 200
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sco.le In feet
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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, APRIL 7, 2006, IN THE CONFERENCE ROOM,
TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the
Application of the following:
JOHN F. WELCH, JR., AND JOHN F. WELCH, III, TRUSTEES OF JFW
NOMINEEREALYTRUST
BOARD OF APPEALS FILE NO. 033-06
The Applicants are seeing relief by Special Permit under Nantucket Zoning By-
law Section 139-33A(8), in order to reconfigure the boundary line between the locus (Lot
16), said to be a pre-existing, nonconforming vacant lot of record, and the immediately
adjacent Lot 7 to the west, (improved with several structures, including two dwelling
units), and held in common ownership, by combining an about 4,037 square-foot portion
of Lot 16 with Lot 7, in order to correct a violation of the ground cover ratio requirement
on Lot 7 under Zoning By-law Section 139-16A, which allows a maximum ground cover
ratio of 3% in this Limited-Use-General-3 zoning district. The locus is nonconforming as
to Regularity Formula requirement under By-law Section 139-16D, having a regularity
factor of 0.35, with the minimum required being 0.55, and exempt under Section 139-
16D(3), because the plan which created it, Land Court Plan 9314-H, was endorsed and
recorded before April 15, 1980. The change in boundary line would not change the
current Regularity Formula for Lot 16, which would continue to be 0.35, and would not
create any additional nonconformity. Lot 16 is conforming in all other respects.
The Premises is located at 1 BLACK WALNUT LANE, Assessor's Map 48,
Parcel 1.9, Land Court Plan 9314-H, Lot 16. The property is zoned Limited-Use-General-
3.
hcSJ p (} )(\HJI/\.J
Dale Waine, Chairman
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, MASSACHUSETTS 02554
CASE NO. 63 ?1.06
FEE: $300.00
APPLICA nON FOR RELIEF
Owner's nam<(s): John F. Welch Jr. and John F, Welch m as Trustees of JFW Nominee Real Trust
Mailing address: c/o Reade.. GuUicksen. Hanlev & Gifford. LLP
Applicant'S name(s): Same
Mailing address: 6 Youn 's Wa Post Omce Box 2669 Nantucket Massachusetts 02584
Lot No.:
48-1.9
16
LUG-3
LocuS address:
Land Court PlanlPlaB Book & PageIPlaB File No.: 9314-H
Date lot acquired: 5/25/01 Deed Ref.lCert. of Title: 19921
Uses on Lot _ Commercial: Nonel Yes (describe)
Residential: Number of dwellings_ Duplex_ Apartments _Rental Rooms
Building Date(s): AD pre-date 7n2? or C ofO(s)?
Building Permit Nos:
1 Black Walnut Lane
Assessor's MaplParcel:
Zoning District:
Previous Zoning Board Application Nos.:
~
State below or ou a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, aud supporting details, grounds for grant of relief, listing any existing noncouformities:
See attached addendum.
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I eertify that the information contained herein is substantially complete and true to the hest .tJny
knowledge, under the pains and penalties of perjury.
SIGNATURE: E&c",~ tv {Jr.J<ni LbI. fve Cultwt.l ~ ]1. Applicant Attorney/Agent x
(If not owner or owner's attorney, please endose pro f of agency to hring this matter before the Board)
F R ZB FFICE USE I~ n A\
Application received on: S / ') c.!i2 By: Complete: ~ Need copies?:
Filed with TownClerk:3.J:fIt . '-- . . '---
Fee deposited with Town Treasurer:5.J '-' rJQ By:~~uested?: Granted:-'-'___
Hearing notice posted with Town C1erk:'::;;~Mailed:3J AA&M:Y>~ 3/~JtS2.fP
Hearing(s) beld on:-'-'_ Opened on:-'-'_ Continue to:-'-'_ Withdrawn?:-'-'-
DECISION DUE BY: / / Made: / / Filed wffown Clerk: / / Mailed: / /
--- --- --- ---
DECISION APPEALED?:-'-'- SUPERIOR COURT: LAND COURT Form 4/03/03
ADDENDUM TO APPLICATION OF TRUSTEES OF JFW NOMINEE REALTY TRUST
The applicants request a Special Permit under Nantucket Zoning
By-law ~139-33.A(8), in order to change the boundary line
between the locus (Lot 16), a vacant, pre-existing,
nonconforming lot of record, and the adjacent improved Lot 16 in
common ownership, by combining the ~Proposed Transfer Lot" which
is now a part of Lot 16, as shown upon a plan by John J. Shugrue
Inc., dated February 13, 2006, filed herewith, with Lot 7, in
order to correct a violation of the ground cover ratio
requirement upon Lot 7 under By-law ~139-16.A, which provides a
maximum of 3% in this Limited Use General-3 zoning district.
The locus is nonconforming with the Regularity Formula under By-
law ~139-16.D, having a regularity factor of 0.35, with the
minimum required being 0.55 [and exempt under ~139-16.D(3),
because the plan which created it, Land Court Plan 9314-H, was
endorsed and recorded before April 15, 1980]. The change in
boundary line would not change the Regularity Formula for Lot
16, which would continue to be 0.35, and would not create any
addi tional nonconformity. Lot 16 is conforming in all other
respects.
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Town of Nantucket
ZONtN9 BOARD OF APP~A~
RECEIVED
BOARD OF ASSESSORS
FEB 1 5 Z006
TOWN OF
NANTUCKET, MA
LIST OF PMTt!S ~ tN1'EP..eST IN THE MA~opnre PETTTION OF'
J~ -To' ?J e-Cc,t,
PROPERTY OWN fR...... ,..,...... ....... .....,...,...... ..................... ".....,...
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SEE ATTACHED PAGES
! Ctr\l Fy thatlhe foregoing is I list of pCrlons whO'l1t owners of Ibunin& FQpc:J1y. owners of .
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the: mO$\ rCtCnllppliclble tax lisl (M.O.t, c. 410.... SeCtion 1 \ Zonins Code Chapter 139.
Seclion I 39.29D (2) .
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