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HomeMy WebLinkAbout032-06 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: Af r'/ Y zCc , 2000 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 comp>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); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut St~eet 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 1 "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 ~ 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 received 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 regularity 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 "Propos sfer Lot" ith Lot 7. I I ! ~- Dated: April 2,(0, 2006 aine Edward S. Toole g ::u -; '2~ a.... :::- ::E !::: -0 z.~" :::0 ('"') C S? r1' r- rn -0 ;:;C' :::l<; --- W \0 3 "''2.b''51;t:--. " /r "1\)')')b~~l)' *Jj . '2.\)~~ \ ~ / GARAGE \ . ~ 198,698 S.F. \ z 4.6 Ac. LDT 7' REG I::: ... tl. 120,008 SF. : ~ Ul \ 2.8 Ac. I"~ , / I '", " REG=0.50 I <. , / ^ '--::/ I 'R=164.20' \ If - / . "........ L=422.B5' -------' "~, @ .t,~~'/'~- ....------- ~,7 ~~ IIIUS[ ----~ O'!iF". 206,771 S.F. ~~~J~~~~GIC . UOI ST. <% -_ 4.7 Ac. ASSOCIA TION'2t ._- "-* tm~. <>_...~ ST. ~: ,--' .?g.,~-- PRDPDS~TTRANSFER 4,037 S.t.. ro~~__ I .00' S8B.42'03.E /3. )( HIlS I / ;j t::j ~ Q: ~ C) -..J f1 ::c f2 f::! !i be" '-'Ck" ~ "41.",,,,. 1..qo\1t' ~ ~Co Co ~~ ~ . ("> C\I 1'-\0 .... o Z I __ _ _ UNITED STATES COAST GUARD NOTEo 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 l SIDE SETBACK. 20 fT GROUND COVER RATIO. 3:1. CJ ASSESSORS MAP .48 PARCEL NO. 001 - APPROVED. NANTUCKET BOARD of APPEALS :r: f- ~ o z DATE. fILE NUMBER. MCCLINTOCK STELLA M LDT 16 REG 120,018 S.t.. 2.B Ac. REG=0.35 10.20' 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 FOR. JOHN F. 'WELCH JR. o 100 200 r---_ ~ scale In feet 117157REG 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 NOMINEE REAL Y TRUST BOARD OF APPEALS FILE NO. 032-06 The Applicants are seeing relief by Special Permit under Nantucket Zoning By- law Section 139-33.A(8), in order to reconfigure the boundary line between the locus (Lot 7), said to be a pre-existing, nonconforming lot of record, and the immediately adjacent vacant Lot 16 to the east, and held in common ownership, by combining an about 4,037 square-foot parcel of Lot 16 with Lot 7, in order to correct a violation of the ground cover ratio requirement 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 improved with several structures (including two dwelling units) that are conforming as to setback requirements. The locus is nonconforming as to the Regularity Formula requirement under By-law Section 139-16D, having a regularity factor of 0.50, 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 7, which would continue to be 0.50, and would not create any additional nonconformity. The present ground cover ratio of about 3.08% (6121:i: square feet of ground cover; 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%. Lot 7 is conforming in all other respects. The Premises is located at 3 HOICKS HOLLOW ROAD, Assessor's Map 48, Parcell, Land Court Plan 9314-H, Lot 7. The property is zoned Limited-Use-General-3. e&&2 W~ Dale Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION.