HomeMy WebLinkAbout036-07
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: April 30,2007
To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No.: 036-07
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Owner/Applicant: THE CORKISH COOPERATIVE, INC.
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Enclosed is the Decision of the BOARD OF APPEALS which has t~s
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day been filed with the office of the Nantucket Town Clerk. (.;;
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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 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.
Nancy J. Sevr
L-/~ &M e
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 508-228-7215.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, MA 02554
Assessor's Map 24, Parcels 1 and 7.1 320 Polpis Road
Portion of Lots 4 and 5 on L. Ct. Plan No. 7300-Q Limited Use General-3
Lot 61 on L. Ct. Plan No. 7300-13 Cert. of Title No. 4898, 15,002, 18,556
DECISION:
The Board of Appeals at a Public Hearing held on Friday, April 13, 2007,
at 12:00 p.m. in the Conference Room at 2 Fairgrounds Road, Nantucket,
Massachusetts, made the following Decision on the Application of the THE
CORKISH COOPERATIVE, INC., of 320 Pol pis Road, Nantucket, Massachusetts
02554, Board of Appeals File No. 036-07.
1. Applicant is seeking a MODIFICATION of the Decision in BOA
File No. 018-73 pursuant to then Section IV A(l)(a) (Use Regulations), which
permitted the construction of an additional five (5) dwelling units on a parcel of
land that already contained four (4) dwelling units for a total of nine(9) presently
existing. The Board of Appeals has also approved a Modification of the Variance
and granted Special Permit relief to the extent necessary in the Decisions in BOA
File Nos. 057-96 and 028-98 to approve a land swap with an abutter to eliminate a
setback violation. As a result of the land swap in 1998 and the acquisition of two
(2) abutting undersized vacant parcels in 2002, Applicant now owns four (4)
parcels which have merged for zoning purposes. Applicant is seeking validation
of the merger by SPECIAL PERMIT pursuant to Nantucket Zoning By-law
Section 139-33A(8) in order to reconfigure lot lines that would result in a lot that
would conform to all dimensional requirements of the Zoning By-law. Applicant
is seeking modification of the previously granted relief in order to affirm that
said relief would apply to all of the parcels that would be merged into one lot.
The Premises are located at 320 POLPIS ROAD, Nantucket,
Massachusetts, Assessor's Map 24, Parcels 1 and 7.1, being the remainder of Lot 4
on Land Court Plan No. 7300-Q, the remainder of Lot 5 on Land Court Plan No.
7300-Q, and Lot 61 on Land Court Plan No. 7300-13. The property is zoned
Limited-Use-General-3.
2. The Board's decision is based upon the application and materials
submitted with it, plans, and representations and testimony received at the
hearing. The Planning Board made no recommendation on the basis that there
were no issues of planning concern. Except for the presentation by the
Applicant's counsel, no support or opposition was presented at the public
hearing and there were no letters on file.
3. Applicant, through counsel, represented that as a result of a land
swap with an abutter in 1998 and the conveyance of two (2) abutting, undersized
vacant parcels to the Applicant in 2002, the Massachusetts Land Court required
Applicant to submit a new plan of the parcels as finally configured. Applicant
submitted the "Plan of Land", prepared by Charles W. Hart, registered land
surveyor, and dated February 4, 2004, a reduced copy of which is attached hereto
as Exhibit A. Once the plan is approved, the Locus would consist of four (4)
merged parcels: Lot 61 on Land Court Plan No. 7300-13, containing 15,5002=.
square feet; the remainder of Lot 4 on Land Court Plan No. 7300-Q, containing
2,040,Oll2=. square feet; one lot being a remainder parcel of Lot 5 on Land Court
Plan No. 7300-Q, containing 28,3822=. square feet and 81.00 feet of frontage on
Polpis Road; and one lot being another remainder parcel of Lot 5 on Land Court
Plan No. 7300-Q, containing 12,3472=. square feet. The three remainder parcels
would receive new lot and plan numbers from the Land Court.
4. Applicant represented that the Locus, comprised of these four (4)
parcels merged as a single lot for zoning purposes, would comply with the
minimum lot size and frontage requirements of the Nantucket Zoning By-law.
Applicant seeks to modify the Variance relief granted in the Decision in BOA File
No. 019-73, as modified in BOA File Nos. 057-96 and 028-98, which permitted the
existing nine (9) dwelling units, so as to affirm that such relief would apply to the
consolidated parcels as renumbered by the Land Court and held in common
ownership by the Applicant. To the extent necessary, Applicant requests
SPECIAL PERMIT relief under Nantucket Zoning By-law Section 139-33(A)(8), if
applicable, to permit the reconfiguration of the lot based on the merger of the
four (4) lots into a single parcel for zoning purposes.
5. Therefore, based upon the foregoing, the Board finds that
consolidation of the lots into a single parcel for zoning purposes is in harmony
with the general purpose and intent of the Nantucket Zoning By-law and would
not be substantially more detrimental to the neighborhood than the existing
nonconformity authorized by the 1973 variance. The Board finds that no new
nonconformity would be created by such merger, nor would any existing
nonconformity be increased. The Board further finds that the consolidation of
the lots would be consistent with the findings and conditions of the 1973 relief,
which can and should be modified so as to reflect the most recent configuration
of the parcel. The Board further reaffirms the findings for the grant of variance
relief contained in the previous Decisions.
5. Accordingly, by a UNANIMOUS vote, the Board hereby GRANTS
the requested MODIFICATION of the VARIANCE relief granted in the Decisions
in BOA File Nos. 018-073, 057-096, and 028-098 to permit the consolidation of the
abutting parcels owned by the Applicant into a single lot for zoning purposes to
be shown as Lot 61 on Land Court Plan No. 7300-13 and a new lot on a new Land
Court Plan, and to the extent necessary, GRANTS the SPECIAL PERMIT under
Nantucket Zoning By-Law section 139-33A(8) to permit said lot line
reconfiguration. Relief is conditioned upon the following:
a. The Locus shall be configured as substantially shown on
Exhibit A; and
b. The lots as described above shall be considered merged for
zoning purposes.
Dated:
April 'j ~ , 2007
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
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 13.2007. in the Conference Room, 2 FAIRGROUNDS ROAD,
Nantucket, MA, on the Application of the following:
THE CORKISH COOPERATIVE, INC.
BOARD OF APPEALS FILE NO. 036-07
The Applicant is seeking MODIFICATION of the Decision in BOA Pile No. 018-73
pursuant to then Section IV A(1)(a) (Use Regulations), which permitted the construction of an
additional five dwelling units on a parcel of land that already contained four dwelling units for a
total of nine presently. The Board of Appeals has also approved a Modification of the Variance and
granted Special Permit relief to the extent necessary in the Decisions in BOA Pile Nos. 057-96 and
028-98 to approve a land swap with an abutter to eliminate a setback violation. As a result of the
land swap in 1998 and the acquisition of two abutting undersized vacant parcels in 2002, Applicant
now owns four parcels which have merged for zoning purposes. Applicant is seeking validation of
the merger by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-33A(8) in
order to reconfigure lot lines that would result in a lot that would conform to all dimensional
requirements of the Zoning By-law. Applicant is seeking ~odification of the previously granted
relief in order to affirm that said relief would apply to all of the parcels that would be merged into
one lot.
The Premises is located at 320 POLPIS ROAD, Assessor's Map 24, Parcels 1 and 7.1,
portion of Lot 4 on Land Court Plan No. 7300-Q; portion of Lot 5 on Land Court Plan No. 7300-Q;
and Lot 61 on Land Court Plan No. 7300-13. The prop..e.rt. y is.. zoned Lim~.e..d-.. e-General-3.
~n ' /.
~- -
Nancy J. Sevrens, hairman
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
APPLICATION FOR RELIEF
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CASE N~~-J;
FEE: $300.00
Owner's name(s): The Corkish Cooperative. Inc.
Mailing address: 320 Polpis Road. Nantucket. Massachusetts 02554
Applicant's name(s):same
Mailing address: same
Locus address: 320 Polpis Road Assessor's Map/Parcel: Map 24. Parcels 1 and 7.1
Land Court Plan and Lot Nos.: portion of Lot 4 on Land Court Plan No. 7300-0: portion of Lot 5 on Land
Court Plan No. 7300-0; and Lot 61 on Land Court Plan No. 7300-13
Date lots acquired: 1/16/1964 (Lot 4); 11/13/2002 (portions of Lot 5 to Coop): 3/23/99 (Lot 61 to Coop)
Deed Refs: Cert. Nos. 4898; 15.002: 18.856 Zoning District: LUG-3
Uses on Lot - Commercial: None ~ Yes (describe)
Residential: Number of dwellings --1- Duplex_ Apartments _ Rental Rooms
Building Date(s): All pre-date 7/72? 4 pre-existing: 5 allowed by variance C ofO(s)? Yes
Building Permit Nos: 9728-93 (add bath and living room to Cottage 1): 9729-93 (add bath and living room to
Cottage 2): 69-72 (single family dwelling); 280-04 (deck): 3789-84 (dwelling); 7277-90 (dwelli~g); 75tl.:2Q
_..". '.a
(dwelling): 8170-91 (dwelling) :; )
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Previous Zoning Board Application Nos.: 01173 (variance to construct 5 dwelling units); 057-96 and:026-98
'.
(modify variance and special permit to adiust lot line)
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State below or on a separate addendum specific relief sought (Special Permit, Variance, ApITeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
SEE ADDENDUM ATTACHED
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. The Corkish Cooperative, Inc., by its attorney,
SIGNATURE: /?t~ 7)~, .f..,p..., Applicant Attorney/Agent X
(If not owner or owner's attorney, please enclose proof of agency to bring tIYs matter before the Board)
FOR OFFICE USE
Application received on:3/'07rQl By: Complete: '\ Need copies?:
Filed with Town Clerk:~fL,l ill . udding Dept.:
Fee deposited with Town Treasnre(!;;;JnQlBY:~ Wai:er rc,~sted?:~.. rantedi-t-I. 1_
Hearing notice posted with Town Clerk:~71/0--tailed:3Z~~~&M:2/_CV,d7 & ~:r..I) ~tf).
Hearing(s) held on:_/~_ Opened on:_I_I_ Continued to:~_I_Withdrawn?:_I_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
Application of The Corkish Cooperative, Inc.
320 Polpis Road, Nantucket
Applicant is seeking a MODIFICATION of a VARIANCE in Board of
Appeals Decision 01873 in which relief was granted to enable Applicant to
construct an additional five dwelling units on a parcel of land that already
contained four dwelling units. The Board of Appeals has approved a
modification of the variance and granted special permit relief to the extent
necessary in Board of Appeals Decisions 057-96 and 028-98 to approve a land
swap with an abutter to eliminate a setback violation.
As a result of the land swap in 1998 and the acquisition of two abutting,
undersized vacant parcels in 2002, the Massachusetts Land Court requires
Applicant to submit a new plan of the parcels as finally configured. Applicant
has submitted the required plan to the Land Court engineering department for
approval, drawn by Charles W. Hart and Associates, dated February 4, 2004.
Once the plan is approved, Locus will consist of four merged parcels: (1) Lot 61
on Land Court Plan No. 7300-13, containing 15,500i. square feet; (2) the
remainder of Lot 4 on Land Court Plan No. 7300-Q, containing 2,040,Olli. square
feet; (3) one lot being a remainder parcel of Lot 5 on Land Court Plan No. 7300-Q,
containing 28,382i. square feet and 81.00 feet of frontage on Polpis Road; and (4)
one lot being another remainder parcel of Lot 5 on Land Court Plan No. 7300-Q,
containing 12,347i. square feet. The three remainder parcels will receive new lot
and plan numbers from the Land Court.
Locus, comprised of these four parcels merged as a single lot for zoning
purposes, will comply with all dimensional requirements of the Nantucket
Zoning By-law. Applicant requests relief from the Board of Appeals to modify
the variance granted in BOA File No. 01~73, as modified with special permit
relief in BOA File Nos. 057-96 and 028-98, so as to affirm that it applies to all of
the parcels as renumbered by the Land Court, standing in the name of Applicant
at the Nantucket Registry District.
To extent necessary, Applicant requests SPECIAL PERMIT relief under
Nantucket Zoning By-law Section 139-33(A)(8) (change to a pre-existing,
nonconforming lot) to confirm the merger of the four lots into a single parcel for
zOnIng purposes.
The Premises are located at 320 Polpis Road, Assessor's Map 24, Parcels 1
and 7.1, Lot 61 on Land Court Plan No. 7300-13, remainder of Lot 4 on Land
Court Plan No. 7300-Q, and two remainder parcels of Lot 5 on Land Court Plan
No. 7300-Q. The property is zoned LIMITED USE GENERAL-3.
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
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Prop ID
Address
Owner
24 1
320 POLPIS RD
THE CORKISH
COOPERATIVE INC
320 POLPIS RD
NANTUCKET, MA 02554
03/26/1999
$0
C0018856
41.44 acres
.
NOT A LEGAL DOCUMENT
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Sale Date
Sale Price
Book/Page
Lot Size
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
QLsc!aLrne.r The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
{.;Annr.:mhir Tnft"'lrm~ti"n C:;\I,==h3m (GTe::\ rl.:1t.:1h;;:t<:.,:II
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Town of Nantucket, Mass
Map Composed
http://host.appgeo.comlnantucketmalPrintableMap.aspx?Preserve=Width&Map Width=691... 3/27/2007
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
Prop ID
Address
Owner
24 1
320 POLPIS RD
THE CORKISH
COOPERATIVE INC
320 POLPIS RD
NANTUCKET, MA 02554
03/26/1999
$0
C0018856
41.44 acres
Sale Date
Sale Price
Book/Page
Lot Size
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Qisclaimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the sUitability for individual needs.
Ali information is from the Town of Nantucket
G,::an(lr~nhir Tnfnrm.::ltinn ~\lc:;:h::),m ((:::;Te::.\ rl.:=it.:::.h::tc:p
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Town of Nantucket, Mass
Map Composed
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LOCUS PLAN
The Corkish Cooperativ~, Inc.
320 Polpis Road
SITE PLAN
The Corkish Cooperative, Inc.
320 Polpis Road
1$--
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PHILBRICK AND AVERY LLP
P.O. BOX 148
ZERO MAIN STREET, 2ND FLOOR
NANTUOT:r MA 02554/
Town of Nantucket
. .
ZONING BOARD OFAPPEALS
LIST OF PARTIES IN INTEREST IN THE MATTER OFTHE PETITION OF
PROPERTY OWNER..Th~. ()Q.~li~ .~..G.~~~..Y"f:."..... :h.~ ......
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M~!LING'A DDRESS...J. R..Q.... f.QlfJi:.. ~.~ .lIt... .N.~~..
PROPE.RT'y LOCATION.... ...~ 1: /1........... .1.... ...~.'I:/.7.. ..t...... .......
ASSESSORS MAP/PARCEL.... J.;?P,.. .Bl~/~. .~.~.!........................
APPLICANT.. ~:~4...1$.... .~r.IC!.!:~"J... ..?~'. d~............
PHtl:BRlCK AND AVEIW"UP
P.O. BOX 148.
'%ERO MAIN STREET, 2ND FlOOR
. NANTUCKET, MA 02554
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
ocher land owners within 300 feet of the property lloe 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)
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ASSESSOR'S OFF.ICE
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
'-11 0'r.J'{VYYI h.r2A-- /.;)., 1 9 9 6
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
057 - 9 6
Owner/Applicant:
THE CORKISH COOPERATIVE, INC.
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 g139-30I (SPECIAL PERMITS); g139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
I I -l:1M- I ::1::1b I;,t.: ;,t.::1I-"M r KUM
Map 24
Parcel 0001
Limited Use General-3
320 Polpis Road
Certificate of title No.15,OO2
NANTUCKET ZONING BOARD OF APPEALS
The Applicant's acquisition of Parcel A from Lot 30 will cure the non-
conforming setback of the structure on Lot 4. Although Lot 4 would continue to
be nonconforming as to the number of dwelling units on a single parcel, the
exchange of parcels will result in the elimination of the nonconformity as to
setback.
4. The Board finds that exchange of Parcel A and Parcel B is in
harmony with the general purpose and intent of the Nantucket Zoning By-Law
because it will eliminate a validly existing nonconformity as to setback
requirements. The Board finds that the merger of Parcel A with Lot 4 will not be
sUDstantially more detrimental to the neighborhood than the existing,
nonconformity authorized by the 1973 variance. The Board finds that no new
nonconformity will be created by such merger, nor will any existing
nonconformity be increased.
5. Accordingly, by a unanimous vote, the Board hereby GRANTS
MODIFICATION of a VARIANCE Relief to permit the acquisition of a portion of
the adjacent Lot 30 on Land Court Plan No. 7300-2 in exchange for a portion of
Lot 4 on Land Court Plan No. 7300-Q, such parcels to be in substantial
conformity with the plan attached as Exhibit A, and to the extent necessary,
GRANTS the SPECIAL PERMIT under Nantucket Zoning By-Law section 139-
33A(8) to permit said lot line reconfiguration.
Dated: ./lr\o;U~~lk1996
ZONlliG CLASSIFICATION: ~'!J'.G.'-:~
MIN. AREA: . /2.C?C?C?O, '!i..F;'.
MIN. FRONrAGE: . .:?-99, -77":, , .
FRONT YARD 5.8.: . ~.S: F.T: . .
REAR & SIDE S.B.: . .~ q ..r::T. .
GROUND COVER (7.): , . ~ . "1-. . .
EXISTING:
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OF LAND IN
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SCALE: ,".. 100' DATE: 7-"'l-..:JG
/ 7'/-1./5 COR.K.151-1 CO,OP/i5R-A"vZ. !"C. (I.'
Owner' JOH.N H., K.~E:..z:J.s &, M,A.,q"y A...K.t:::J..J..I0A> '-2)
/. .i:..i::..c,;;.er........ . LOT' . ... ""':
/5002 C') "'1- ; ;::'.C.7,300-GJ_'__'
Deed: , , . Irq Q7;--r. (.e~ . Plan;3,o.~'{".9.7.:;lo.O:.z.::z~'
Locus -;3.tq;-; .;3':<-9. ;:C:-'--:~/..s. f?P.. .
CHARLES W. HART & ASSOCIATES.
SANFORD BOAT BUILDING
49 SPARKS AVENUE
NANTUCKET, MASS. 02554
(508) 228-8910
Inc.
H-rj-3Z7
EXHIBIT A
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET,
MASSACHUSETTS 02554
;1J (}U€rr~ / ;)....
Date:
, 1996
MODIFICATION AND A
CERTIFICATE OF GRANTING OF~~R SPECIAL PERMIT
(Massachusetts General Laws, Chapter 40A, Section 11)
The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies
that a ~~RX~~~~X~OC~KOCKxSPECIAL PERMIT has been GRANTED:
MODIFICATION AND A
To: (Owner/Applicant) The COrkish Cooperative, Inc. (O~7-qn)
Address:
320 Polpis Road, Nantucket,~ MA 02554
affecting the rights of the Owner/Applicant with respect to land or
building at:
320 POlpis Road, Assessor's Map 24, Parcel 0001,
Land Court Plan 7300-Q, Lot 4
Deed Reference:
And the BOARD OF APPEALS further certifies that the attac:-.ec1
Decision is a true and correct copy of its Decision GRANTING the
~~~~XN~XXX~X~~~XSPECIAL PERMIT and that copies of the Decision 2;': c~
all plans referred to in the Decision have been filed ...lith the Pl'O;tni,,;
Board and the Town Clerk.
The BOARD OF APPEALS calls to the attention of the Owner/
Applicant that General Laws, Chapter 4DA, Section 11 (last paragraph)
provides that no ~X~~XN~KX~~~~~~XSPECIAL PERNIT, or any EXTENSION,
MODIPICATION or RENEWAL thereof, shall take effect until (a) a copy of
the Decision is certified by the Town Clerk that TWENTY (20) days have
elapsed after the Decision has been filed in the office of the To~n
Clerk and no appeal has been filed (or, if such appeal has been filed,
that it has been dismissed or denied) and (b) the certified copy is
recorded in the Registry of Deeds for the County of Nantucket and
indexed in the grantor index under the name of the Owner of Record or
is recorded and noted on the Owner's Certificate of Title. The fee for
such recording or registering shall 'be paid by the Owner/Applicant
-fdL ~009CQ)/UJllJY0
,
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
ffpil! _1
, 1998
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
026-98
~.....c;~
Owner/Applicant:
CORKISH COOPERATIVE, INC.
------- . ~-..: . --
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.
Dale W. Waine
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 ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
I '....'-11. I '" ILL .L .J.JM ,..- n 1 LDt"\ 1 L,.~ ::lIOOL.c::::O::l I ::l::l
P.:d
Map 24
Parcel 0001
Limited Use General ~ 3
320 Pol pis Road
Land Court Plan No. 73oo-Q, Lot 4
Certificate of Title No. 15,002
Land Court Plan No. 7300-2, Lot 30
Certificate of Title No. 16,074
NANTUCKET ZONING BOARD OF APPEALS
DECISION;
The Board of Appeals at a Public Hearing held on Friday, March 13, 1998, at 1:00
P.M. in the conference room of the Town Annex Building at 37 Washington Street,
Nantucket, Massachusetts, made the following Decision on application (026-98) of THE
CORKlSH COOPERATIVE, INC., of 320 Polpis Road, Nantucket, Massachusetts 02554,
Lot 4 on I..and Court Plan No. 7300-Q:
1. Applicant is seeking a MODIFICATION of a VARIANCE granted in
Board of Appeals Decision 019-73 in which relief was granted to enable to Applicant to
construct an additional five (5) dwelling units on a parcel of land that already contained
four (4) dwelling units. One of the then existing dwellings is sited 8.57.:t, feet from the
northwesterly property line in a zoning district that requires a minimum side and rear
yard setback of twenty (20) feet. Applicant proposes to acquire an adjacent 15,500
square foot parcel of land, part of a 165,000 square foot lot shown as Lot 30 on Land
Court Plan No. 7300-2, in order to cure the nonconforming setback. In exchange for that
conveyance by the abutter, a portion of Applicant's land, shown as Lot 4 on Land Court
Plan No., 7300-Q would be conveyed to that abutter. Applicant's lot currently contains
46.8.:t acres and will contiI1-ue to be nonconforming as to the number of dwelling units
on a single parcel with a maximum of two (2) being allowed under the Zoning By-Law.
See also Board of Appeals File No. 057-96 in which similar relief was granted and has
arguably expired. The Premises is located.at 320 POLPIS ROAD, Assessor's Map 24,
Parcel 001, Lot 4 on Land Court Plan No. 7300-Q. The property is zoned LIMITED USE
GENERAL-3.
2. The Board's decision is based upon the application and materials
submitted with it, plans, and representations and testimony received at the hearing on
March 13, 1998. There was no opposition to the requested Modification of a Variance
and the Planning Board recommended that the requested relief be granted.
3. The Applicant is the owner of Lot 4. One of the structures on Lot 4, built
before 1972, is 8.57:!:...feet from the property line, a validly existing nonconformity of the
twenty foot setback requirement. An adjacent parcel of lana, shown as Lot 30 on Land
Court Plan No. 7300-2 at the Nantucket Registry of Deeds (Assessors' Map 25, Parcel 7)
was created in 1982 and contains 165,010 square feet of area, with 150 feet of frontage on
. . .-.. . .--.. --.--. ... ~ ~L.JI '\. ~ '-",'- -.}ICJU":::""::"U'-J I ;..J'-J
1-"..:1
Pol pis Road. Lot 30 is conforming in all respects, including as to frontage due to the
frontage averaging provision of the Zoning Code. The Applicant proposes to acquire
an approximately 15,500 square foot parcel ("Parcel A") from Lot 30, along the common
property line at the setback violation. In exchange for Parcel A, Applicant will transfer
a portion of Lot 4 ("Parcel B") to the owner of Lot 30. Parcel A and B are shown on
Exhibit A attached hereto. The Applicant's acquisition of Parcel A from Lot 30 will cure
the nonconforming setback of the structure on Lot 4. Although Lot 4 would continue to
be nonconforming as to the number of dwelling units on a single parcel, the exchange of
parcels will result in the elimination of the nonconformity as to setback.
4. The Board finds that the exchange of Parcel A and ParcelB is in harmony
with the general purpose and intent of the Nantucket Zoning By-Law because it will
eliminate a validly existing nonconformity as to setback requirements. The Board finds
that the merger of Parcel A with Lot 4 will not be substantially more detrimental to the
neighborhood than the existing nonconfonnity authorized by the 1973 variance. The
Board finds that no new nonconformity will be created by such merger, nor will any
existing nonconformity be increased. The Board also finds that the Special Permit
under Nantucket Zoning By-law Section 139-33A(8) granted in Board of Appeals File
No. 057-% has not expired.
5. Accordingly, by a unanimous vote, the Board hereby GRANTS the
MODIFICATION of a VARIANCE granted in Board of Appeals File No. 019-73 to
permit the acquisition of a portion oIthe adjacent Lot 30 on Land Court Plan No. 7300..2
in exchange for a portion of Lot 4 on Land Court Plan No. 730O-Q upon the following
condition: the transfer described above of such parcels shall be in substantial conformity
with the plan drawn by Charles W. Hart and Associates, dated July 4,1996, attached as
Exhibit A
Dated: Rpn.'(. L 1998
~Dj:) r; (J~
Linda F. Wi .
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,.~~~~ 1/ I NANTUCKET, MASS.
','" II I SOOL: ,.. /.00' DATE: "7'-"1-.:,(;
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lo(;u, ~.'~:~?-9.J?l?~.r:1;S. ~P.'. . . . .
CHARLES W. HART & ASSOCIATES.
SANFORD BOAT BUD.J)ING
49 SPARKS AvtNUE
NANTUCKET. MASS. 02554
(SOB) 128-8910 . u
Inc.
"0"""
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EXHIBIT A
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PETITION
To Nantucket Board of Appeals
)
May 9, 1973
Petitioner, Richard B. Corkish, Jr. is the owner
of a parcel of land shown as Lot 4 on Land Court Plan
4700Q, located on Polpis Road.
1. Petitioner desires to construc
family detached dwellings on this parcel each on
approximately five acres of land.
2. Section IVA, Use Regulation, Subsection la,
of the Nantucket Zoning By-Law, approved July 1972,
sets forth that in Limited Use General Areas, a
permitted use for land is "single family detached
dwelling containing one housekeeping unit only, to-
gether with accessory buildings, not containing a
housekeeping unit."
~ Petitioner is owner of the above forty (40) acre
parcel. He does not desire to subdivide as he plans
to keep the land as an entity for himself and his
heirs. Subdivision to enable him to build on his
land would create a financial hardship of paying the
costs of subdividing when he has no desire to erect a
subdivision or to sell any parcel of the land.
Petitioner had planned to keep the land as an
rentaJ.
entity and to erect/bu11dings to be used as a source
of future retirement income or income in the case of
disability. Petitioner is engaged in a business which
can be carried on by him only so long as he is in good
Ol -13
physical health. To deny the requested use for his
land would constitute a hardship on petitioner and
his family.
Petitioner is cognizant of the value of the
Zoning Law and feels that his requested use of the
land will not be to the detriment of the public good,
and that it will not nullify or substantially derogate
from the intent and purpose of this By-Law. The
presently existing intensity regulations allow a
minimum lot size of 50,000 square feet whereas
Petitioner is planning for lots substantially greater
than allowed by minimum limitations.
Wherefore the Petitioner prays that the Board of
Appeals will grant a variance from the above section
and subsection of the Zoning By~Law to permit the
construction of the five additional dwellin~on Lot 4,
Land Court Plan 7300Q.
By his Attorney
~
Robert F. Mooney
22 Federal Street
Nantucket, Massachusetts