HomeMy WebLinkAbout003-05
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
rebrG\o(,y .
I , 200G
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: CXJ3-o ~
Owner/Applicant: (2.( f000riQ Ur ~J'0j at; VI I Y--('tJ'f:r~
O+- I W Md7 IftJ fbf)d PmQd AJdtJ1/ he ~ 7/CJ~ aai
SOf01CJe} OM Jif~O() khrmOrJ
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 necision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
Chairman
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); g139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 31
Parcel 18 & 18.1
LUG-2
16 & 18 Washing Pond Road
Land Court Plan 11709-E
Lot 9&10
COT 19,315 & 20,292
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00
P.M., Friday, January 7,2005, in the Conference Room, Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, on the Application ofthe 16 WASHINGTON POND ROAD
NOMINEE TRUST, RICHARD J. GLIDDEN, TRUSTEE AND SAMUEL AND SUSAN
LEHRMAN, in care of Glidden & Glidden, P.C., 37 Centre Street, Nantucket MA 02554, Board
of Appeals File No. 003-05, the Board made the following Decision:
1. Applicants, the beneficiaries of the Nominee Trust of 16 Washing Pond Road, and
individual owners of 18 Washington Pond Road, are seeking SPECIAL PERMIT relief under
Nantucket Zoning By-law Section 139-33A(8). Applicants propose to reconfigure the lot lines
of two abutting lots by conveying a portion of 16 Washing Pond Road, shown as Lot 9 on Land
Court Plan 11709-E, that currently contains a single-family dwelling, to 18 Washing Pond Road,
shown as Lot lOon Land Court Plan 11709- E, that also contains a single-family dwelling. Two
separate portions of18 Washing Pond Road would also be conveyed to 16 Washing Pond Road.
The resulting Lot 9 would become a vacant lot and Lot 10 would contain both dwelling units.
Both Lots are currently nonconforming as to regularity factor, with each lot having a factor of
about .31. After the cross conveyance, 16 Washing Pond Road would become conforming in
every respect, and 18 Washing Pond Road would become less nonconforming as to regularity
factor increasing it from about .31 to about .45. The Lots were created as a result of a 1981
subdivision, prior to the adoption of the portion of the Zoning By-law that related to regularity
factor. Both Lots are conforming as to size, frontage, ground cover and setbacks and would
continue to do so after the cross conveyance.
The Premises is located at 16 and 18 WASHING POND ROAD, Assessor's
Map 31, Parcel 18 and 18.1, Land Court Plan 11709-E, Lots 9 and 10. The property is zoned
Limited- U se-General- 2.
2. The Decision is based upon the Application and the materials submitted with it
and the testimony and evidence presented at the Hearing. The Planning Board made no
recommendation, as the matter was not of planning concern. There were no letters on file in
favor of or in opposition to the Application.
3. Applicants, through counsel, explained that the two existing lots, each containing
a single-family dwelling unit, were created by a Land Court Subdivision Plan (LC No. 11709-E)
in 1981. Each lot complied with area and frontage requirements of the Nantucket Zoning By-law
but neither lot met the regulatory requirement ofthe Zoning By-law as both lots pre-dated the
adoption of the regulatory factor statute in the Nantucket Zoning By-law. Applicants propose to
reconfigure the lots so that one lot would contain both dwellings, and one lot would be vacant.
These new lots would comply with the area and frontage requirements ofthe By-law, and the lot
with the dwellings would comply with ground cover and all setback requirements. The newly
created vacant lot would, in addition, meet the regulatory factor while the lot with the dwellings
would be less non-conforming as to regulatory factor, going from a factor of .31::!: to .45::!:.
4. Therefore, based upon the foregoing, the Board finds that the reconfiguration of
the lots as requested would be in harmony with the general purpose and intent of the Zoning By-
law and would not be substantially more detrimental to the n~ighborhood than the existing lot
configuration. The Board further finds that no new nonconformities would be created with the
reconfiguration of the lot lines and no existing nonconformities would be increased. In fact,
existing nonconformities on both lots would be either eliminated or reduced.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief
by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A(8) to allow the
reconfiguration of the lots as proposed, with one lot having two dwellings thereon and one lot
being a vacant lot. Relief is conditioned upon the following:
a. The reconfiguration shall be done substantially as shown upon the
"Plan of Land" done by Richard K. Earle of Nantucket Surveyors,
Inc., dated November 12, 2004, a reduced copy of which is
attached here to as Exhibit A.
Dated: FehrC?j I ,2005
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will
be held at 1:00 P.M., FRIDAY, JANUARY 7, 2005, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
16 W ASHlNC; lPOND ROAD NOMINEE TRUST, RICHARD J. GLIDDEN,
TRUSTEE AND SAMUEL AND SUSAN LEHRMAN
BOARD OF APPEALS FILE NO. 003-05
Applicants, the beneficiaries of the Nominee Trust of 16 Washing Pond Road, and
individual owners of 18 Washing Pond Road) are seeking SPECIAL PERMIT relief
under Nantucket Zoning By-law Section 139-33A(8). Applicants propose to reconfigure
the lot lines of two abutting lots by conveying a portion of 16 Washing Pond Road,
shown as Lot 9 on Land Court Plan 11709-E, that currently contains a single-family
dwelling, to 18 Washing Pond Road, shown as Lot to on Land Court Plan 11709-E, that
also contains a single-family dwelling. Two separate portions of 18 Washing Pond Road
would also be conveyed to 16 Washing Pond Road. The resulting Lot 9 would become a
vacant lot and Lot 10 would contain both dwelling units. Both Lots are currently
nonconforming as to regularity factor, with each lot having a factor of about .31. After
the cross conveyance, 16 Washing Pond Road would become conforming in every
respect, and 18 Washing Pond Road would become less nonconforming as to regularity
factor increasing it from about .31 to about .45. The Lots were created as a resuh of a
1981 subdivision, prior to the adoption of the portion of the Zoning By-law that related to
regularity factor. Both Lots are conforming as to size, frontage, ground cover and
setbacks and would continue to do so after the cross conveyance.
The Premises is located at 16 AND 18 W ASING POND ROAD, Assessor's Map
31, Parcel 18 and 18.1, Land Court Plan 11709-E, Lots 9 and to. The property is zoned
Limited- U se-General- 2.
Ow ~~Wy ~
Nancy J. Sevren an
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 r~ A /
CASE NO~ /"'U)
FEE: $300.00
APPLICATION FOR RELIEF
Owner'sname(s): Richard J. Glidden, Trustee 16 Washing pond Nominee Trust
Mailing address: and Samuel and Susan Lehrman c/o Glidden & Glidden, 37 Centre St.
Nantucket, MA
Applicant's name(s): Same
Mailing address:
Locus address:
16 & 18 Washing pond Rd.
Assessor's Map/Parcel: 31/18+ 18. 1
Land Court PlanIPlan Book & Page/Plan File No.: 11709-E Lot No.: 9 & 10
Date lot acquired:-' -' _ Deed Ref.lCert. of Title: 20292 & 19315 Zoning District: L UG- I I
Uses on Lot - Commercial: None_ Yes (describe)
Residential: Number of dwellings 2 Duplex_ Apartments
Building Date(s): All pre-date 7/72? or
Building Permit Nos: 11218-94; 356-00; 357-00: 571-03; 1055-02
Previous Zoning Board Application Nos.: Non e
Rental Rooms
CofO(s)? yes
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
Lots 9 & 10 on LLC Plan 11709-E are conforming as to area and
frontage, however neither lot meets regularity. Each lot having
a regularity factor of approximately .31. Applicants wish to re-draw
the lot lines and create two new lots as shown on plan endorsed
by Nantucket Planning Board on 11/22/04. The new lot which contains
the .two dwelling units will have a regularity factor of .45 and the
vacant lot will meet regularity with a regularity factor of .55.
Applicants seek special permit pursuant to Nantucket Zoning Bylaw
Chapter 139 Section 33(a)(8) allowing this lot l~ne adjustment.
I certify that the inti rmation contained herein is substantially complete and true to the best of my
knowledge, under e pains and penalties of perjury. /' /
SIGNATURE: Applicant1L- Attorney' Agent V
(If not owner or owner ney, please enclose proo~ of agency to bring this atter before the Board)
~ FOP. ~A,.p~FICE USE
Application received on:.ilJ L 0 By: UJ V\. Y-J Complete: Need copies?: ""
Filed with Town Clerk: ~7r.Jfl? PI nin B. J JOg Dept.: , , BC~
Fee deposited with Town Treasurer:i.2r~~y: aiver requested?: Granted:~~
Hearing notice posted with Town Clerk: (2.1 ~ Mailed:{ Li?/)~ I&M:{ ~?3 ~ &( ~ i?o ,-,.
Hearing(s) held on:~~_ Opened on:~~_ Continued to:~-'_ Withdrawn?:-'-'_
DECISION DUE BY:_/_/_ Made:_/-'_ Filed wffown Clerk:-'-'_ Mailed:~~_
DECISION APPEALED?:_/~_ SUPERIOR COURT: LAND COURT Form 4/03/03
SUBDIVISION PLAN OF LAND IN NANTUCKET
//709E
Schofield Brothers, Inc., Surveyors
January 18, 1981
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LAND REGISTRATION OFfiCE
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Town of Nantucket
RECEIVED
BOARD OF ASSESSORS
DEe 0 2 2004
TOWN OF
NANTUCKET, MA
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATIER OF THE PETITION OF
SEE A TI ACHED PAGES
I certify that the foregoing is a list of persons who are owners ofabutting property, owners of
land directl" opposite on any public or private street or way; and abutter.s of the abutters and aU
other land owners within 300 feet of the. property lirie of owner's property, all as they appear ~:>n
the most recent applicable tax list (M.G,L. c, 40A, Section 11 Zoning Code Chapter 139.
Section l39-29D (2) ..
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DATE'
ASSESSOR'S OFFICE
Town of Nantucket
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