HomeMy WebLinkAbout058-07
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 12:00
P.M.. FRIDAY. JULY 13.2007. in the Conference Room, 2 FAIRGROUNDS ROAD, Nantucket,
MA, on the Application of the following:
TOWN OF NANTUCKET
BOARD OF APPEALS FILE NO. 058-07
Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning By-law Section
139-16A (Intensity regulations - minimum lot size). Applicant proposes to divide said to be pre-
existing nonconforming Lot B on Land Court Plan No. 8852-C, which contains about 39,291.2
square feet oflot area, into four separate parcels. Lot Bl would contain about 9,584.9 square feet of
lot area; Lot B 1.1 would contain about 3,595.7 square feet of lot area; Lot B 1.2 would contain about
2,995.7 square feet oflot area; and Lot B2 would contain about 23,114.9 square feet oflot area, in a
zoning district that requires a minimwn lot size of 40,000 square feet of lot area. Lot B 1 would be a
buildable lot; Lot B 1.1 and Lot B 1.2 would be disposed of as part of the Town "yard sale" program
and would not be buildable unless combined with another lot; and Lot B2 would be dedicated to
road purposes and become part of Cliff Road. By a positive vote at the 2004 Annual Town Meeting
on Article 85, disposal of the parcels was authorized for affordable housing or any other legal
purpose by the Town of Nantucket.
The Premises is located at 192 CLIFF ROAD, Assessor's Map 40, Parcel 22, shown as Lot
B on Land Court Plan 8852-C. The property is zoned Limited.Use-General-1.
aGiA~~I.cd~
Nancy J. Se , Chairman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
AL TERNA TIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER
INFORMATION.
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NANTUCKEt ZONING BOARD OF APPEALS
" j, 1 ~AST CHESTNUT STREET
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
CASE NO. O~~
Owner's name(s): '--raWt-I or r-lprI Tue /Cc=T
._~~~I!!l~.~.~d_re_~~.:_--__-~____!:-<!!_~~~~~~=_____'5o~ {) __ _______ ___ _ _ ________ _________.__________
Applicant's name(s): SAmE As . A-hou&
MaiUngaddress:, S.4i11lE, As. I+hoUE. d.
-~, -, "
, Locus 'address: Ie;;? ~L/r;:: )<.0,4)) N~tfTuckET Assessor's'MaplParcel:L!o /~
- , ')
Land Court PlanlPlan Book & PagelPlan File NQ.: <i? gS 0< - C . Lot No.:.#I ~, . I . I
::) ,
Date lot acquired:_1 ~/_ Deed Ref./Cert. of Title: .3 to 0 ?? Zoning District: L V ~ I
J . l
:Uses on Lot- Commercial: None_Yes (describe) V fl-C;/If/r ~J
ReSidential: Number of dwellings_ Duplex----..: Apartments_Rental Rooms
. Building Date(s): All pre-date 7/721 or Ii J;:} C of O(s)?
I
Bililding Permit Nos: 1--// /f
. .
Previous Zoning Board Application Nos.:
Qlo /h.fDI2~W U. UCJ)e.Ce
NAil / Ue-Kc:T }Up CJ OJSS-C/
:~ I (-::,..
!I Iii
I
State below or on a separate addendum specific reli~f sought (Special Permit, Variance, Appeal), Section of
the Zoning By.;.Iaw, and supporting details, grounds for grant of relief, listing any existing nonconformities:
b'/v~ De Pttli- EX~STi;Y(; !'IOI{- Cor-IFoKWlt'1'I6 J.oT (]OI'fIIJI~llivG 1~)I'7~,3o S(S;I, r or LlJllb
/1'110
/ J3u;L[jA-f.3LE LoT C!c,fIIIIfJINllyG 9i586 SQ.I
/lND d2 L.0/.5; To t3c COlrueY-Eb 70 /J/Ju//EJ4 Pvn...SORtl7 To "-
dAII Tvck ET YfJ.w. b SJJ Lt: -PJ{.l<Xok ~ n,
~ 6-.(-L U 0J0l<lM.Q!.Q ,
~r1L-.4rdz~ /39r-lfo~t
KE-FCU€I(C';.' Ihc</, ~S" ) c9{)ot( IlTI11
. S ~ E 11M c l/eJJ )11 /7TE /<:.1 /l L
I certify that the inform. ation montai ed herein is substantially complete and true to the best of my
knowledge, under the pai an p- ties of p 'ury. . 'i-M" /. _______
,/ .I (i.f/~"fC7
SIGNATURE: . ~ v. V~ Applicant Attorney/Agent
(If not owner or 0 er s attorney, please enclose proQf of agency to bring this matter before the Board)
FOR tBA FFICE USE L,. .
Application received on: fR 122/11 By: Complete: J^- Need cop'es?:
Filed with Town Clerk:{a/2%Jl[l- Planning '_ _ _ 109 ept.:_I_1 y:
Fee deposite<} with Town Treasurer:U2 1?Cf[2 By:~aiver requested?: Granted:_I_/_
Hearing notice posted with Town Clerk:!a-/2flQL Mailed:~~l22 I&M:{o 12~ & (J/StJj
Hearing(s) held on:_I_/_ Opened on:_/_I_ Continued to:_I_I_ Withdrawn1:_I_/_
DECISION DUE BY: / 1 MIHIp.~ I I J?lIl1rl wfrown rI....Ir. UftU^,.I.
ADDENDUM
Applicant (the Town of Nantucket) is seeking relief by VARIANCE pursuant to
Nantucket Zoning By-law Section 139-16A (Intensity regulations - minimum lot size).
Applicant proposes to divide pre-existing nonconforming Lot B on Land Court Plan No.
8852-C, which contains about 39,291.2 square feet oflot area, into four separate parcels.
Lot B1 would contain about 9,584.9 square feet oflot area; Lot B1.1 would contain about
3,595.7 square feet oflot area; Lot B1.2 would contain about 2,995.7 square feet oflot
area; and Lot B2 would contain about 23,114.9 square feet oflot area, in a zoning district
that requires a minimum lot size of 40,000 square feet oflot area. Lot B 1 would be a
buildable lot; Lot B 1.1 and Lot B 1.2 would be disposed of as part of the Town "yard
sale" program and would not be buildable unless combined with another lot; and Lot B2
would be dedicated to road purposes and become part of Cliff Road. By a positive vote at
the 2004 Annual Town Meeting on Article 85, disposal of the parcels was authorized for
affordable housing or any other legal purpose by the Town of Nantucket.
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
Prop ID
Address
Owner
.
4022
CLIFF RD
NANTUCKET TOWN OF
16 BROAD ST
NANTUCKET, MA 2554
NOT A LEGAL DOCUMENT
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.
Disc!<limer 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
r.;~n(1r;anhi,.. Tnfnrm.::atinn ~\lc:h::im ((:;ye:) rl.:::lt.:::'lh.:::'lC:p
$0
C0003/ 608
0.35 acres
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Town of Nantucket, Mass
Map Composed
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Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
Prop ID
Address
Owner
4022
CLIFF RD
NANTUCKET TOWN OF
16 BROAD ST
NANTUCKET, MA 2554
NOT A LEGAL DOCUMENT
a
Sale Date
Sale Price
Book/Page
Lot Size
$0
C0003/ 608
0.35 acres
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
DisclaLrneJ 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
r::~nnr';::mhir Tnfnrm;::!tinn ~\/c:h::),m r(:;rc::.\ rl~t;::!h;::!<;:p
~~
Town of Nantucket, Mass
Map Composed
http://host.appgeo.comlnantucketma/PrintableMap.aspx?Preserve=Width&Map Width= 172... 6/27/2007
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
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Prop ID
Address
Owner
4021
CLIFF RD
NANTUCKET TOWN OF
16 BROAD ST
NANTUCKET, MA 2554
.
NOT A LEGAL DOCUMENT
Q
Sale Date
Sale Price
Book/Page
Lot Size
$0
C0003/ 608
0,11 acres
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Qlsclairner The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes oniy. 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
(.;pnnr.:::.nhir TnfnrmAtinn <:;;"c:.tj::lm (GTc:;,) r1~t:::lh:::lC::A
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Town of Nantucket, Mass
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8852C
Filed. with Cert .of '2'i tIe No. 1:1.:.36 .... Regist!:-.\, Djstl'ict of Nantucket Coun t.\r
LlJm m NANTUGKE2.'
00'['.5.1931
Scale 100 feet to an inch
C. B. Humphl'ey. Engineer for Court.
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ARTICLE 85 ~
(Conveyance of Surplus Land/Cliff Road)
To see if the Town will vote to authorize the Board of Selectmen to enter into an agreement, the terms of which shall
be determined by the Board of Selectmen, to convey, sell or otherwise lawfully dispose of, all or part of the following
parcels of land to the Nantucket Housing Authority, to an entity eligible to hold perpetual affordable housing restrictions
under Chapter 184 of the Massachusetts General Laws, for the purpose of providing affordable housing to low and
moderate income residents of Nantucket, subject to such restrictions and remedies as may be appropriate to assure
conformance with such purposes, or to any other individual or entity for any lawful purpose: land on Cliff Road, described
in Assessor's records as Map 40, Parcel 22, and to take such other actions as may be appropriate thereto.
(Board of Selectmen)
FINANCfCOMMIJTEE MOTION: Moved that the Board of Selectmen is hereby authorized to enter into an
agreement, on such terms as shall be determined by the Board of Selectmen, to convey, sell or otherwise lawfully
dispose of, all or part of the folloV(ing parcels of land to the Nantucket Housing Authority, to an entity eligible to
hOldperpetl!al ~ffordabl~ housing restrictions under Chapter 184 of the Massachusetts General Laws, for the
purpose of providing affordable housing to low and moderate income residents of Nantucket, subject to such
restriction~ an~ remedies as may be appropriate to assure conformance with such purposes, or tp any other
individual or entity for any lawful purpose: land at 192 Cliff Road, described in Assessor's records as Map 40,
Parcel 22.
ARTICLE 86
(Real Estate Conveyances: Various Parcels)
To see if the Town will vote to authorize the Board of Selectmen, subject to the requirements of Massachusetts
General Law chapter 30B, to sell, convey, or otherwise dispose of the following Town-owned parcels, subject to guidelines
established under the draft "Nantucket Yard Sale Program" on file in the Board of Selectmen's office:
Address
10 Arlin ton Street
Kent Street, aka Berkeley Street (between
23,25
Nichols Street
5 Maine Avenue
12 Maine Avenue
4 New Ham shire Avenue
9 Rhode Island Avenue
26Rhode Island Avenue
29 Shell Street, Siasconset
4013' Shell Street, Siasconset
34, 35 Saccacha Avenue
Ma /Parcel
76.1.3/74
76.1.3/74
92.4/199
60,3.1/423,424
60.3.1/431,432
60.3,1/418,419
60.3.1/349,350
60,3.1/160,161
73.1.3/120
73.1.3/118
82/329,330
Size
4,000 sf
4,000 sf
5,000 sf
, 3,050 sf
4,000 sf
3,994 sf
4,000 sf
4,000 sf
3,945 sf
800 sf
8,000 sf
And, to take any other action as may be appropriate thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to, subject to the
requirements of Massachusetts General Law chapter 30B, to sell, convey, or otherwise dispose ofthe following
Town-owned parcels, subject to guidelines established under the draft "Nantucket Yard Sale Program" on file in
the Board of Selectmen's office:
l'
Page 83
2004 Annual Town Meeting Warrant with Finance Committee Recommendations
We, Raynor M. Gardner ot Needham, and Everett U. Crosby of the Town and County of
Nantucket, both of the CollllllonYlealth of Massachusetts, and Arthur R. Crosby c!
Philadelphia, Pennsylvania, Trustees under tile Nantucket Realty Trust under a
DeclJi.ration of Trust, dated September 4, 1920
otrf J;;.elll!(y, MA~"4,I"'odl",
4 ..,om"" ;.ri, for consideration paid, grant to Inhabitants of the .Town of Nantu cket, a
IIUnieipal corporation 'Within the County Q$: Nantucket, Uasaachusetts
oM. , with l)uUdahl1 lllutnallf.
~ land sho"11 as lot B on Phn numbered SS52C tUed with Certificate or
Title numbered 1880 in Nantucket Registry District, and said land is bounded on Baid
(DcscrilltioD and encumbrance., it any)
Plan as follows s
flOlJ1'IlWES'l'i,"RLY
SOU'l'H\1ESTERLY
NORTHERLY
WESTERLY
SOUTIIEASTJ<::RLY
NORTH&ASTERLY
SOTlTHERU
by a Town Road, again
by Clitt Road three hundred twenty-nine and
30/100 (329.30) feet,
five hundred aevontY-lloven and 6~/1oo (577.68)
feot
sixty-two and 71/100 (62.'?l) teet,
two mmdred three and 24/100 (203.24) feet,
three hundred s8'l'enty and 76/100 (370.76) feet
by land former],y of Nantucket Realty Trust, and
by land of Thoma!! J. Hallowell.
~ M Mia !,:lllIItllr,
I . '" . teflaR~ BY the (tlftOY . .
H lI:!r<< t~ fal ~&llte8 all Flglots of dll,.,tF IIftB Ilelll~otooc.l and otp~r .nle~tcl9 tlterUII1,
lilfntlls u.....Qur.___..,.,hand /:0 and seal s this,.,._.._.,.......IL...,..._.,......,.. day oL_Uw&lllbei',__..__.._._,_,..19..~1
...~\u9.-\~..,~u=,..(~_...._.__..
r----T) ~~.. '1jl 0~) . e
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...'uw.L:v....-'\J...:.._..L~2::. :::.-;-' .~,___.'..m._...'_,
--_..__.........__._........._....~_...._........_._.......................-..........--....-......
lfantucket ss.
ilJ'4t <l!nltUlUttllUtaltJr vf 1IElllllSllrlJullrttu
Then personally appeared the above named
and acknowledged the foregoing instrument to be
......
".
November I tY, 1951
Ii r-y~U(. ..q,~
~ free act and deed, before me
~d.'~.UU'N.Jl-P.~~~
ld, <OIlUIl1>.lon OXlllr.. ~ b. 2. 0 . l~ S- b .
.. /'
(TOE FOLLOWINC IS NOT A PART O~' THE DEED, AND IS ~OT TO Ill! RECORDlID,)
CHAPTER 183, SECTION 11, GENERAL LAWS
A . deed in substance following the iorm entitlecl "Quitclaim Deed" shall when duly executed have the
-iorce and effect of a deed in iee simple to the grantee, his heirs and assigns, to his and their own use, with
covenants on the part of the grantor, for himself, his heirs, eXL'Cutors, administrators and successors, with the
grantee, his heirs, successors and assigns, that at the time of the delivery oi such deed the premises were
free from all encumbrances made by him, and that he will, and his heirs, executors and administrators shall,
warrant and defend the same to the grantee and his heirs and assigns forever against the lawiul claims and
demands of all persons claiming by, through or undt'T the grantor, but against none other,
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FORM E
Book 18
Page 171
wruunfrr aJrrtittrutr nf Witlr.
No. 3608
From
Transfer
Certificate No, 1880
Originally Registered
December 9,
1931 , in
Registration Book
7
Page 129
for the
Registry District of N an tv. ck e t
County.
IiIl1i.ll i.ll tu Qj:ettify that The Inhabitants of the Town of Nantucl{et
of
Nantucket
in the County of
Nantucket
and Commonwealth of Massachusetts,
'~1
xmKNOCOCXX a municipal corporation located in said
Nantucket, are
the owner S
in fee simple
of that certain parcel of land situate in Nan tu eke t
in the County of Nantucket
and said Commonwealth, bounded and described as follows:
Land shown as Lot B on plan numbered 8852-C filed with Certificate of Title
No. 1880 at the Registry District of Nantucket County, and all boundary lines,
except the street lines, may be located on the ground as shown on said plan.
So much of said Lot B as is included within the limits of Cliff Road as shown
on said plan is subject to the rights of all parties lawfully entitled in and
over the same.
And it is further certified that said land is under the operation and provisions of Chapter 185 of the General
Laws, and that the title of said The Inhabitants of the Town of Nantucket
to said land is registered under said Chapter, subject, however, to any of the encumbrances Inentioned in Section
fbrty~5ix of said Chapter, \vhich may be subsisting, and subject also.m
WITNESS, JOHN E, FENTON, Esquire, Judge of the Land Court, at Nantucket
in said County of
Nantucket
the
seventh
day of
April
in the year nineteen hundred
and fifty- four
at nine o'clock and 45
minutes in the
rore noon.
Attest, with the Seal of said Court,
u..,........~...,x......~...
<::..J Assistant Recorder.
Land Court Case No. 8852
Document No. 6077
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TRA,NSFER CERTiFICATE OF Tllk..~
Cert, No. 20103
Docu, No. 94589-94594
From TRANSFER Certificate Nos, 465, 564, 568, 612, 651 & 1911 Originally Registered
March 31,1914 in Registration Book 1 Page 48 and as stated below,
for the Registry District of Nantucket County.
THIS IS TO CERTIFY that TOWN OF NANTUCKET, of 16 Broad Street, Nantucket in the County of
Nantucket and Commonwealth of Massachusetts 02554
is the owner in fee simple
of that land situated in NANTUCKET
in the County of Nantucket and Commonwealth of Massachusetts, bounded and described as follows:
Parcell: From Transfer Certificate No, 465 Originally Registered March 31, 1914:
Lots numbered forty-three (43) and forty-four (44) in Block No, 25 on plan numbered 2408-0,
dated May 11, 1912, filed with Certificate of Title No. 85 at this Registry, and all boundary lines are
located on the ground as shown on said plan,
Parcel II: From Transfer Certificate No. 564 Originally Registered November 19,1914:
Lots numbered thirty-six (36) and thirty-seven (37) in Block No, 79 on plan numbered 2408-T,
dated November 21, 1912, filed with Certificate of Title No. 195 at this Registry, and all boundary lines
are located on the ground as shown on said plan,
Said lot is subject to the restriction that no building shall be erected or placed upon the granted
premises except a one family dwelling, to cost not less than two thousand dollars, except a private
garage.
Parcel III: From Transfer Certificate No. 568 Originally Registered November 24,1914:
Lots numbered seven (7), eight (8), nine (9) and ten (10) in Block No. 79 on plan numbered 2408-
R, dated June 25,1912, filed with Certificate of Title No. 127 at this Registry, and all boundary lines are
located on the ground as shown on said plan.
Said lot is subject to the restriction that no building shall be erected or placed upon the granted
premises except a one family dwelling, to cost not less than two thousand dollars, except a private
garage,
Parcel IV: From Transfer Certificate No. 612 Originally Registered January 9,1915:
Lots numbered thirty-seven (37) and thirty-eight (38) in Block No, 56 on plan numbered 2408-S,
dated September 9, 1912, filed with Certificate of Title No. 165 at this Registry, and all boundary lines
are located on the ground as shown on said plan.
Said lot is subject to the restriction that no building shall be erected or placed upon the granted
premises except a one family dwelling.
Parcel V: From Transfer Certificate No. 651 Originally Registered January 30, 1915:
Lots numbered twenty-seven (27) and twenty-eight (28) in Block No. 56 on plan numbered 2408-
S, dated September 9,1912, filed with Certificate of Title No, 165 at this Registry, and all boundary lines
are located on the ground as shown on said plan.
Said lot is subject to the restriction that no building shall be erected or placed upon the granted
premises except a one family dwelling, to cost not less than two thousand dollars, except a private
garage.
Parcel VI: From Transfer Certificate No. 1911 Originally Registered April 2, 1932:
Lots numbered sixteen (16). seventeen (17), eighteen (18) and nineteen (19) in Block No. 76
shown on plan numbered 2408-R, dated June 25,1912, filed with Certificate of Title No. 127 at the
Registry District of Nantucket County, and all boundary lines may be located on the ground as shown on
said plan.
Said lot is subject to the restriction that no building shall be erected or placed on said land
except a one family dwelling.
All parcels are subject to the restrictions that no spirituous liquors shall be sold, no
manufacturing, mercantile or other business shall be carried on, and no swine, hens, or other
objectionable animals or fowl shall be kept upon the granted premises, and that no other offensive or
obnoxious use shall be made of the premises.
And it is further certified that said land is under the operation and provisions of Chapter 185 of the
General Laws, and that the title of said TOWN OF NANTUCKET
to said land is registered under said chapter, subject, however, to any of the encumbrances mentioned in
section forty-six of said chapter, which may be subsisting and subject as aforesaid; and to the
memoranda of encumbrances for this certificate.
WITNESS, PETER W. KILBORN, Esquire, Chief Justice of the Land Court, at Nantucket, in said County
of Nantucket.
The first day of November in the year two thousand and one at 1 o'clock and 5 minutes in the afternoon.
Attest, with the seal of said court,
Recorder
Case # 2408
Purported Address of Property:
CERTIFICATE OF TITLE NO. 20103
--, --, ---.
_...__._.....-"'.....~..~............~_... .......-...... .-....-....-.-----.-...-...- ...
I~f-ll~ I UI.Jt'\l:. I H::J::Jl:.::J::JUt'(
Town of Nantucket
Zoning Board of Am;>eals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETmON OF:
PROPER1YOWNER..........~~..~.. ...
MAILING ADDRESS.......................................,~........,..........,...."........
PROPERTY tOCA TION,........ .~. .~,... ..'&L......"".....",...
ASSESSOR MAPIP ARCEL. '" ..,.................. .... ......,....,..,..,.. ......... .... ........ ..' ..
APPLICANT, '" ,...,..,....... , .., ....... ....... ...............,...,..,.. ." .. ...,.... ..,.... .. ,'...., ..
SEE AITACHED PAGES
I certify that the foregoing is a list of ptrsons who are owners of abutting property, owners of land
directly opPo$ite on any public Or private street or Way; and abutters of the abutters and all other
land owners within 300 feet of the property Hne of owner's property, all as they appear on the
most recent applicable tax list (M.O.L. c. 40A. Section II Zoning Code Chapter 40A
Section 139.29B (2)
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: August 7.1
c.=;
t-v
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\,..;'1
,2007
To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No.:
058-07
Owner/Applicant: TOWN OF NANTUCKET
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 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) ~ys.
Ol~~
'Mara, Chairman
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, MASSACHUSETTS 02554
Map 40
Parcel 22
LUG-1
192 Cliff Road
Land Court Plan 8852-C, Lot B
Certificate of Title No. 3608
DECISION
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, July
13,2007, at 12:00 P.M., in the Conference Room in the Town Annex Building, 2
Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on
the Application of TOWN OF NANTUCKET, with a mailing of 16 Broad Street,
Nantucket, Massachusetts 02554, Board of Appeals File No. 058-07, the Board made the
following Decision:
2. Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning By-law
Section 139-16A (Intensity regulations - minimum lot size). Applicant proposes to divide
said to be pre-existing nonconforming Lot B on Land Court Plan No. 8852-C, which
contains about 39,291.2 square feet oflot area, into four separate parcels. Lot B1 would
contain about 9,584.9 square feet oflot area; Lot B1.1 would contain about 3,595.7
square feet oflot area; Lot B1.2 would contain about 2,995.7 square feet oflot area; and
Lot B2 would contain about 23,114.9 square feet oflot area, in a zoning district that
requires a minimum lot size of 40,000 square feet oflot area. Lot B1 would be a
buildable lot; Lot B 1.1 and Lot B 1.2 would be disposed of as part of the Town "yard
sale" program and would not be buildable unless combined with another lot; and Lot B2
would be dedicated to road purposes and become part of Cliff Road. By a positive vote at
the 2004 Annual Town Meeting on Article 85, disposal of the parcels was authorized for
affordable housing or any other legal purpose by the Town of Nantucket.
The Premises is located at 192 CLIFF ROAD, Assessor's Map 40, Parcel 22,
shown as Lot B on Land Court Plan 8852-C. The property is zoned Limited-Use-General-
1 ("LUG-1 ").
3. Our Decision is based upon the Application and accompanying materials, and
representations and testimony received at our public hearing. The Planning Board made
no recommendation, finding that the Application did not present any issues of planning
concern. The presentation was made on behalf of the Town of Nantucket by Planning
Director Andrew Vorce. One abutter, represented by counsel at the meeting, spoke in
favor of the proposal. There was no public comment against the Application. There were
no letters on file.
4. Applicant states that the subject property is a remainder parcel of land that
contains portions of the layout of Cliff Road, as well as other portions that are not
currently used for roadway purposes. Under State and local Zoning By-law provisions,
the lot could be considered a buildable lot of record and shown on a plan prior to the
1972 adoption of the Nantucket Zoning By-law. Applicant states that the Town of
Nantucket has the option of maintaining the lot as currently configured, which would
require issuing easements that would preserve the existing roadway layouts of Cliff Road
and Wannacomet Road and the various driveways that now cross over portions of the
parcel in order to access their lots. The Applicant argues that this option would serve no
public purpose and would be overly complicated. Therefore, the Applicant proposes to
divide the property into four separate pieces as shown on the proposed "Subdivision Plan
of Land" (the "Plan") prepared by David Gosselin and Associates, professional land
surveyors, dated November 29,2005, a copy of which is attached hereto as Exhibit A.
The Plan shows Lots B 1.1 and 1.2 as thin, unbuildable strips of land that separate
adjoining property from having frontage on Wannacomet Road. The Town would offer
these parcels for sale with priority given to abutting landowners. Lot B-2 would contain
Cliff Road and would be dedicated to road purposes and be presented to properly laid out
by the Nantucket County Commissioners to be laid out as part of the public way. Lot B-1,
containing about 9,584 square feet oflot area, would remain a separately marketable and
buildable lot to be conveyed to an entity that would maintain it for "the purpose of
providing affordable housing" or "to any other individual or entity for any lawful
purpose". The proposed action is consistent with the vote of the 2004 Annual Town
Meeting, a copy of Warrant Article 85 is attached hereto and marked as Exhibit B.
5. Therefore, based upon the foregoing, the Board finds that validating the lots
shown on the Plan as described above, which would include validation of Lot B-1 as a
separately marketable and buildable lot from all adjacent parcels, would provide a public
benefit in that the traveled part of Cliff Road, where it intersects with Wannacomet Road,
would be regularized. The special circumstances relating to the creation the lots in
relationship to the intersecting roads, natural characteristics, purpose, location, and
particularly the irregular shape of the parcel with the traveled part of Cliff Road bisecting
it, are unique characteristics and do not generally affect other lots in the LUG-1 zoning
district. A literal enforcement of the provisions of the Zoning By-law would involve
substantial hardship to the Applicant in that a publicly traveled portion of Cliff Road
would be encumbered with multiple easements to maintain public and private access. The
subdivision of the parcel allows the irregular shape to be subdivided into more regularly
configured individual parcels that in some instances would be potentially absorbed by the
abutting private property owners and thus providing legal frontage for those parcels.
The requested relief in this case, therefore, may be granted without a substantial
detriment to the public good and without nullifying or substantially derogating from the
intent and purpose of the Zoning By-law. A grant of relief would promote sound public
policy and further the objectives of the voters at the 2004 Annual Town Meeting.
6. Accordingly, the Board of Appeals, by a UNANIMOUS vote, GRANTS the
requested relief by VARIANCE pursuant to Nantucket Zoning By-law Section 139-16A
to validate lots created as a result of a subdivision of the larger parcel for the purposes
proposed, and validating Lot B-1 as a separately marketable and buildable lot apart from
all adjacent parcels, upon the following conditions:
(BOA File No. 058-07)
a) The lots shall be created as shown upon Exhibit A; and
b) Lot B-1, and improvements thereon, shall be accorded all the same legal
benefits as a pre-existing, nonconforming lot of record, and the lot shall be
limited to one single-family dwelling with a maximum ground cover of
1,500 square feet.
Dated: August 7Ji , 2007
Kerim Kosea c
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ARTICLE 85 ~.
(Conveyance of Surplus Land/Cliff Road)
To see if the, Town will vote to authorize the Board of Selectmen to enter into an agreement, the terms of which shall
be determined by the Board of Selectmen, to convey, sell or otherwise lawfully dispose of, all or part of the following
parcels of land to the Nantucket Housing Autho'rity, to an entity eligible to hold perpetual affordable housing restrictions
under Chapter 184 of the Massachusetts General Laws, for the purpose of providing affordable housing to low and
moderate income residents of Nantucket, subject to such restrictions and remedies as may be appropriate to assure
conformance with such purposes, or to any other individual or entity for any lawful purpose: land on Cliff Road, described
in Assessor's records as Map 40, Parcel 22, and to take such other actions as may be appropriate thereto,
(Board of Selectmen)
FINANCECOMMIJlEE MOTION: Moved that the Boprd of Selectmen is hereby authorized to enter into an
agreement, 011 such terms as shall be determined by the Board of Selectmen, to convey, sell or otherwise lawfully
dispose of jail or part of the folloV(ing parcels of land to the Nantucket HousiilgAuthority, to an entity eligible to
holdpenietlclal ~fforda~le housing restrictions under Chapter 184 ofthe Massachusetts General Laws, for the
purpose of providing affordable housing to low and moderpte income residents of Nantucket, subject to such
restriction$, and remedies as may be appropriate to assure conformance with such purposes, or t\) any other
individual or entity for any lawful purpose: land at 192 Cliff Road, described in As.sessor's records as Map 40,
Parcel 22.
ARTICLE 86
(Real Estate Conveyances; Various Parcels)
To see if the Town will vote to authorize the Board of Selectmen,. subject to the requirements of Massachusetts
General Law chapter 30B, to sell, convey, or otherwise dispose of the following Town-owned parcels, subject to guidelines
established under the draft "Nantucket Yard Sale Program" on file in the Board of Selectmen's office:
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Address Map/Parcel Size
10 Arlinaton Street 76,1.3n4 4,000 sf
Kent Street, aka Berkeley Street (between 76.1.3n4 4,000 sf
23, 25)
Nichols Street . 92.4/199 .5,000 sf
5 Maine Avenue 60~3A/423, 424 3,050 sf
12 Maine Avenue . 60.3.1/431,432 4,000 sf
4 NeW Hampshire Avenue 60.3,1/418,419 3,994 sf
9 Rhode Island Avenue 60.3.1/349,350 4,000 sf
26 Rhode Island Avenue 60,3.1/160,161 4,000 sf .
.29 Shell Street, Siasconset 73.1.3/120 3,945 sf
40s Snell Street, Siasconset 73.1.3/118 800 sf
34,35 Saccacha Avenue 82/329, 330 8,000 sf
And, to take any other action as maybe appropriate thereto,
(BOard. of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to, subject to the
requirements of MassachUsetts General Law chapter 30B, to sell, convey, or otherwise dispose of the following
Town-owned parcels, subject to guidelines established under the draft "Nantucket Yard Sale Program" on file in
the Board of Selectmen's office:
l'
Page 83
2004 Annual Town Meeting Warrant with Finance Committee Recommendations
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