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HomeMy WebLinkAbout046-08 Mansfield g ;;q ~ r= TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 ....... -..J "0 '_',J n r.:J) APPLICATION Fee: $300.00 File No.~Y Owner's name(s): Barbara A. Mansfield, Trustee Mailing address: PO Box 3422, Nantucket, MA 02584 Phone Number: 508-228-3063 E-Mail: Applicant's name(s): Same Mailing Address: Same Phone Number: E- Mail: Locus Address: 12 Greenleaf Road Assessor's Map/Parcel: 39-046 Land Court Plan/Plan Book & Page/Plan File No.: LC 15209-F, Lot 63 Deed Reference/Certificate of Tide: C ofT 22049 Zoning District: LUG-2 Uses on Lot- Commercial: None_ Yes (describe) Residential: Number of dwellings: 1 Duplex Apartments Date of Structure(s): all pre-date 7/72 or 1979 dwelling; 1990 garage Building Permit Numbers: 1081-79; 7394-90 Previous Zoning Board Application Numbers: 033-03 State below or attach a separate addendum of specific special permits or variance relief applying for: Please see attached I certify that the informatio ontained herein is substantially complete and true to the best of my knowledge, un r the pains and penalties of perjury. SIGNATURE: Owner* SIGNATURE: Applicant/ Attorne *If an Attorney or other Agent is representing the Owner or the Applicant, please provide a signed proof of agency. LclttllLI.1Ut) OFFICE USE ONLY Application received on:_/ _/ _ By:_ Complete:_ Need Copies:_ Filed with Town Clerk:_/ _/ _ Planning Board:_/ _/ _ Building Dept.:_/ _/ _ By:_ Fee deposited with Town Treasurer:_/ _/ _ By:_ Waiver requested:_ Granted:_/ _/ _ Hearing notice posted with Town Clerk:_/ _/ _ Mailed:_/ _/_ I&M_/ _/ _ &_/ _/ _ Hearing(s) held on:_/ _/ _ Opened on :_/ _/ _ Continued to:_/ _/ _ Withdrawn:_/ _/ _ Decision Due By:_/ _/ _ Made:_/ _/ _ Filed w /Town Clerk:_/ _/ _ Mailed:_/ _/ _ Addendum Applicant is seeking a MODIFICATION pursuant to Chapter 139, Section 32, of previously granted VARIANCE relief in the Decision in BOA File No. 033-03 that validated the subject Lot as a separately marketable and buildable lot. Relief was conditioned on the Lot and structures being as shown upon a plot plan attached to the Decision as Exhibit A. At least four other lots in the same subdivision have been granted the same relief due to a surveying error when the subdivision was laid out that affected most of the lots. In some of those other Decisions Applicants were expressly not prohibited from building up to 4%, which is the maximum ground cover allowed for lots in the LUG-2 zoning district in which these lots are situated, and generally allowed as a matter of right. In this particular Decision, the Decision was silent on the matter, as relief for ground cover was not needed, but as there is an Exhibit A attached to said Decision it is arguable that no alteration of the footprint would be allowed without further relief from the Board. The Locus is currently conforming as to ground cover having a ratio of about 2.4%. Applicant is asking the Board to modify the previous Decision to allow the Applicant to construct addition ground cover up to 4 % without needing any further relief from this Board. This Board dealt with the almost identical situation in Case No. 085-03 (Robert and Caroline Walsh, 20 Greenleaf Road) and unanimously voted to modify a variance to allow a maximum ground cover of 4%. BARBARA A. MANSFIELD P.O. Box 3422 NANTUCKET, MA 02584 508.228.3063 June 16,2008 Zoning Board of Appeals 2 Fairgrounds Road Nantucket, MA 02554 RE: 12 Greenleaf Road Dear Members of the Board: As the owner of the above-captioned properties, I hereby authorize Richard J. Glidden to file an application with your board on my behalf. Sincerely, }:;(A~(MoJ (1.'\~GL\j,~ Barbara A. Mansfield, Trustee Mansfield Family Nominee Trust ~' " ....~ ' ~.....' '<'~ z I ,- + ~ \:D + + + + ~ ~ :!: 0 ..."- :!:O'" .... 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I RU_'SCJ....L..,e, L 8'" P.SA.R.^ ..... r.t-v.'.!;FI,EW PI-^N: I-.. C. IS :<-c'j . I'" ,Lor G.~ "'....NTVex. rr COVHT.... JeA'lrloO".ot-..J:O.... .A/r/&t>It A-'.!A!',:I-lIC1C.",5 P;4.tt.C'.cl.. "'0 I 3'?~ "16 ;/.3 . ;>''1{,0 It 5- 00 RECEIVl::D BOARD OF ASSESSORS JUN 1 it Z008 Town of Nantucket TOWN OF NANTUCKET, MA Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER....~ ().fiA..;.. ~:.. .Mms 0 d L............ MAILING ADDRESS......\ .~.. .ilirt~ VI, it A..t.. .~........................ PROPERTY LOCATION..... ~.k. .rp,f e,q~. ~~ ~f:.. eJ......................... '6t1 I 4' /'. ASSESSOR MAP/P AR{fL................ .....W...................................... SUBMITTED By...... ~\ rJNMi.. .J.... (Q..\~. MM..................... SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting property, owners ofland 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, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B (2). ~ /1 ~()()! Y. TE / . tJ!~ t? Jiw A SESSOR'S OFFICE TOWN OF NANTUCKET ..-l Q) 01 go Q Q Q Q Q 1>1 m ~ Q ~ ~ ~ ~ 1>1 1>1 tIl P. ,.-I ~ ~ ~ tIl tIl H -I-l rz. rz. rz. rz. rz. H H ~ III r:l rz. .0: .0: r:l .0: ~ ~ U tIl tIl .0: 1>1 1>1 1>1 tIl 0 j j ~ 1>1 ~ ~ ~ ~ tIl tIl PI H ~ PI PI 0 C!l C!l 1>1 1>1 1>1 1>1 1>1 0 0 ::t: ..-l P P 1>1 1>1 1>1 1>1 1>1 1>1 ::t: ::t: tIl Q) 0 0 ~ 1>1 ~ ~ ~ ~ tIl tIl H U Q Q C!l ~ C!l C!l C!l C!l H H III \.< C!l III III III .... N 0 ..-l (Y) .... \0 ..-l PI ..-l ..-l ..-l '" ..-l ..-l ..-l ..-l ... '" ..-l 0 .... 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N '" N N ..-l ..-l PI '" PI TOWN OF NANTUCKET BOARD OF APPEALS d NANTUCKET, MASSACHUSETTS:-9f554co (/) rr1 -0 --" co Date: September ~,2008 c<:> (fl ~ To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 046-08 Owner/Applicant: Barbara A. Mansfield, Trustee of Mansfield Nominee Trust 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 b"".,e,.,.,.giV, e~o th,e Town Clerk so as to be received within such TWENTY ~O) d ys. , ) ~,_\.~O M~)' O'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. ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, MA 02554 Assessor's Map 39 Parcel 46 LUG-2 12 Greenleaf Road LC Plan 15204-F, Lot 63 Deed Ref., CoIT 22049 At a Public Hearing of the ZONING BOARD OF APPEALS held at 12:00 P.M., Friday, August 8, 2008, in the Conference Room at the Town Building Annex, 2 Fairgrounds Road, Nantucket, Massachusetts, on the Application of BARBARA A. MANSFIELD, TRUSTEE, OF MANSFIELD NOMINEE TRUST Board of Appeals File No. 046-08 the Board made the following Decision: 1. Applicant is requesting a modification of the Variance granted in Board of Appeals File No. 033-03 that validated the subject lot as a separately marketable and buildable lot. Applicant is requesting to modify the previous decision to allow the Applicant to construct additional ground cover up to 4% by right in the LUG-2 zoning district, but the decision is silent as to this in the stated conditions. The site is located at 12 GREENLEAF ROAD, is shown on Nantucket Tax Assessor's Map 39 as Parcel 46, is shown on Land Court Plan 15209-F as Lot 63, and is recorded at the Nantucket County Registry of Deeds as Certificate of Title No. 22049. 2. The Decision is based upon the Application and materials submitted therewith, and the testimony and evidence introduced at the Hearing. The Planning Board made no recommendation finding that the matter did not present any issues of planning concern. There were no letters on file. 3. The Applicant represented that the Locus was benefited by a previous grant of Variance relief in the Decision in BOA File No. 033-03, which validated an existing about 77,413 square-foot lot. The Lot in question was part of a single larger parcel, which was subdivided into six lots in the early 1980's, when the area was zoned for a minimum lot area of 80,000 square feet. Of the six lots, the plan showed one containing over 80,000 square feet and five all containing exactly 80,000 square feet of lot area. The plan was stamped by a registered engineer and recorded in the Nantucket Registry District of the Land Court. Five of the lots actually were found in subsequent surveys to be less than 80,000 square feet and were rendered non-complying as to zoning. The error was not found until after the lots were sold out of common ownership and most had been improved with structures. The Applicant stated that most of the lots had received Variance relief to cure the lot size nonconformity, including the subject Lot. The Applicant also stated that the Decision in BOA File No. 033- 03 did not seem to contain the same language that was in at least two of the other Decisions relative to allowable ground cover. An "As-Built Plot Plan" was attached to Decision No. 033-03 and marked as Exhibit "A". It indicated the footprints of the existing structures and the total ground cover calculation. As an example, in the Decision in BOA File No. 064-93 concerning 14 Greenleaf Road, the following language was contained: "No request for variance relief as to ground cover requirements was made in this case, and none is granted. Maximum permitted ground cover for this lot accordingly is that permitted in this zoning district, based upon actual lot area. . ." Applicant is seeking to modify the original Decision to include such language. Under the provisions of the Zoning By-law a subminimum lot is entitled to either a maximum of 1500 square feet of ground cover or the maximum ground cover allowed within the zoning district it is situated. Applicant is seeking the modification in order to be allowed to increase the ground cover to allowed maximum of 4% without further relief from this Board. As part of the relief requested, the Board would have to allow alteration of footprints of the structures that are shown on Exhibit A attached to the Decision in BOA File No. 033-03. 4. Therefore, based upon the foregoing, the Board finds that the Modification of the Variance relief granted in the Decision in BOA File No. 033-03 would be in harmony with the general purpose and intent of the Zoning By-law and as presented would have little negative impact upon the neighborhood. The Board further finds that had the Lot been a validly subminimum created lot of record it would have been entitled to a maximum ground cover of 4% as a matter of right. Given the complicated history of the lots in this subdivision, the Board finds that it would be consistent with other Decisions made by this Board benefiting lots in this subdivision, to allow a maximum ground cover of 4%. The Board further finds that, while the subject Decision did not specifically state that the Applicant did not have the right to have a maximum ground cover of 4%, the attaching of an Exhibit A with the existing footprints and ground cover total would possibly limit the Lot, such modification could not be accomplished by a "clarification" of the Decision but would more properly done by "modification". In addition, the Board reaffirms the Variance findings contained in the Decision in BOA File No. 033-03 herein. Such modification would include the alteration of the existing footprints or addition of a separate conforming structure without necessitating further relief from this Board. 5. Accordingly by a UNANIMOUS vote, the Board GRANTS the requested MODIFICATION of the VARIANCE relief granted in the Decision in BOA File No. 033-03 to allow the alteration of that Decision's Exhibit A so as to allow a maximum ground cover on the Lot of 4% without further relief from this Board provided that any additional ground cover be conforming as to setbacks. SIGNATURE PAGE TO FOLLOW / Date: 9/11t/~~ COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. September k, 2008 On this 1ft day ?fSeptem~yr" 200~, before me, the undersigned Notary Public, personally appeared 1. IAtL /!JI/I1~ ILl , who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he/she signed it voluntarily for its stated purpose. ~~ Notary Public: ~~s.StL~~ ~y~ My commission expires: JtI,),,;J..,jI"!?