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Continued to:_/ _/ _ Withdrawn:_/ _/ _ Decision Due By:_/ _/ _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'"
.... Z
~ 3
z
\
\ //1\
'"\// (~~
OOU]
(\1 e
U :
10 : ~G
. ~ ~ ~,~
~n(~
~ 5 ~
.. . .
i I l(i
8'~
~~'
~.~T" :1:,.,.,""'"
~ ~,,:.
~ ~;
:3 0 ~',;j
~hEj
3~~':i
:~=;,
~Z~,:
~ iii;
1i
~I
i
0'
~ :
g~
00u102
o.l/tl,;!OO~ l1;l~ ~.u, :Hl!)2l.lS:itU::-
l!O'.u 1\/ Go : .<.. U G -.?
.J-</N' .A ~ C A
r~O,.LTA.G~
FRONr )'A.A:;:,p
cr,C,ol:.
f/ll'".t, lirA!.:
SI:l'Ll."",t...:/';. __:oJ/"'"
-aooa:J~.,--
, I.!frO ~ T'
::S.$ F'r:
,... q.'Q
/.:....~r:
,<( ~'\.l'....'I' 1(/ ".;r
.3~-"
"",It#'
1Vf..-(:.A././
---
-------- '
~!.
Cl
.J..
Q
ct
l
<t:
\.,)
.-1
~
lt1
~
~
~
\
i
~I
~'
L,O,.. '" It.c.... . 7741"';' 1::;'. F.
II ~.
ff
,
J
/
~~
102856
---
I
I
I
, , ,I
.rx_'~rl'''f... A'&\,r 1','1'" \
Jlouslt Ao~'" , M/' r ~/!'
~~.. 1(7
H/F
RQc..e-tLS
.i'"
I~~~W~ 0
~A~I:/ J.JIOI' ,..---., ,
~'''''~R. CQI.'.sr"'V4J",Q.N " .
A~'(".(: ~M'!J.'f !
I ~ Ii
"U,
~ ,,~ <
.. 11 ~
~
_.J.'-.'~
.Z;{UIJ..r:>..''''G ;:'OCA"r/ON PJ...A.H
NANTUCKET. )viA.
.z>JC It: P : ~.<;! r. tl'-"
O_H&1C. 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
....
'"
..-l
I
.... ..-l (Y) \0 .... .... (Y) (Y) .... .... ....
..-l Cl) (Y) \0 '" '" N N '" '" Cl)
P, \0 0 '" 0 '" '" .... .... '" '" '"
,.-I 0 N 0 (Y) N N ... ... N N N
~ \0 0 ..-l ..-l 0 0 0 0 0 0 0
E-t H ~ ~ ~ ~ ~ I"J I"J ~ ~ ~
tIl H Z Z
1>1
H
H
Z H E-t E-t tIl tIl E-t E-t E-t
0 ::- 1>1 1>1 P P 1>1 1>1 1>1
0 1>1 E-t 1>1 ~ ~ ~ ~ ~ ~ ~
C!l H ~ E-t U U U U u
tJ 0 E-t P P 0 0 p p p
>- PI H 1>1 ~ ~ ::t: ::t: ~ ~ ~
-I-l H H ~ ~
,.-I ::t: ~ 0 0
U U H rz. ::t: ::t:
N
III 1>1
III tIl
Q) P
\.< 0
'0 ::t:
'0 ~
.0: ~
01 H
J:: ~
,.-I
..-l ..-l
'.-I ..-l
III
:s #
C> E-t
Z Iil
H ~ 1>1
~
E-l E-t
tI.l tIl
~
H ~ Q
~ E-l E-t
tIl o ~
Ii:1 Iil
tI.l ;:.:: z Q H E-t E-t tIl
0 E-t g E; u U H
~ t) E-t tIl E-t E-t ~ \0
Ii:1 P :>< III Z tIl tIl :>< :>< \0 N
.0: ~ H I I (Y) tIl ...
E-l ~ Q ::t: ~ ~ ~ N PI N
E-l III Q E-< PI 0
III Z Iil ~ tIl o 0 >< ::t: ><
P Q) u ~ ~ ~ 0 tIl 0
'" \.< '" ... III III o 0 III H III
'0 (Y) ..-l ..-l Z Z III
'" '0 0 N ... .... N N 0 0
~ .0: N ... 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"!?