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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 tI ~(jJ\--J ~ A' ~ ~JF U-- \ \ Nancy J. Sevr ns Edward S. Toole a1 ~~, ~~ ~ ale Waine ~ -."'- ~ Fl ,Ft. I A SU8DMSlON OF LOTS 9 .. 10 SHOIIN ON L. C.PLAN" 1709-E Ii II II II ,'fl II II II II /" /~ II /' Ii -. L.., II ~ f ~ (( II II \I '" i ~ '" t ... 1 ,~ a ~ '" z ~ ~ Lor c AReA- IO,178:J: 5.F. NANTUCKET Lor 8 A/;'EA - 69.195%5.F. Hal'2ll'W II' '88.91' SOUNO ['d~ ~ i i LPlP[ IN ""'"- FlOl. ""--- I I I : f / IN I I! I g ~ N I · J 'h I 4~:"" I ili.~ __ 1lI'a .............,." >(Mo 1lIA'otlISE DATA: PRECllIION OF 1lIA~ ERROR OF a..o5UIlE: LINEAR: D.01' _N3t III /~/tJ i "--- ............ FftOMTMlE StOIII f'OIIt ~ "'"..... (If 1HE twmICICET ZI NOlE: lOTS B. ! FORII ONE lOT W LOTS ... I FORII ONE LOT 'III HOlD RE: lOll 1) LOTS g .. , lllQl.l~ 2) lItE LOT 1JI PEIlIotIT FR( IN ORDER . nrr.... NO LOa>! uPlNO PlMl NQT I' cONFt NANT 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 N =-~4NrllCk'E'r =-~~~~ --=::::... __ ___ SOUND ~~ - -...--- - -=::::: .:==-- - - - .~ - ~~ --:::::.:=--=--- \ME"'''' . ~. . ~,~ '- ;'" \:NIGH W"'7;fF/t1fU C." -.1 ~,.\ -- Iq G~~ ,--,;;;----..-;,.:4=---- . ~; ~ ~ ~:'.,.., '()1 iii '~'~~~ -~ ~ ~~~~; ~. : :i> II) ~ I .... c-~ vi' I ~ I' '\ , 10 ~ 1-. . . c.\!, .....6'~G. 'It If!f"'\!~ 68 ~.s-.s- _~ .. ~.,~ ~ :h,&' ~ \1 L. "', " ~ . ~ ~ S tJ f'!) -3 0- .. E. " C) <:) <:) ~ '1..: ~ \.) t "- l)1II o 6 ... II) ~.. 11 c.8. ~ ~ ~ 9 "\': '- " \J 7 ~ ~ \ .. I'!' ~ ; ll) , III ... Clj ~ .J.'" ; (;.8, ;,' ~ j ... ':e t:l 1 l ;;: i .. ~ ~~ !Ii ~ ~ Ie) ~ ~ . II) , ~ It) ~ <:l II) 1ll ~ ~ % < ?~ . c: <:><:'0 ~_ '?>eo..... \90 :>0 -y It) ..... ~ 'I '<l ~ Q ~ .,.......... ~ .... ~ ~ ..z cs-~ .' / Subdivision of Lot ~ Shown on Plan 11709 Filed with Cert. of Title No. 6065 Registry District of Nantucket County. /... '. o <l o 0: . . . .. . . . . . . . . ~~~af:e;:;,t~:~lgl: !ij~t!J-~~_I!~~~~ _~~ ~:~~ By the Court. APRIL '7. /98/ ---- ~~_l2J_C ;,----- _m r-;;.::; Copy ~fj~ltof p/4n LAND REGISTRATION OFfiCE -APRIL. /7; 1.98/ - Scale of this p/4n 100 fed to an inch R. C. ColleHe;~rfOrCourt FOf"m LCEoS.}. 2500 9-81 --'-1 2~C+:....., /- ....0F 000 ::: '..' ,~' =~ "-"'--'-T-' - iG Z rt~~ J I I I I J I I I I I I I I I ~-- .. ~ ~ .. il'_ I"" x w 0 Z Z ~ w w I N~ '" ... ----, ~ 0 3NOl aN~1SI '!. WJiSAS 'lVNI()~OO) S!HSnt-DVSSVW ~. Hl~ON al~0 V> '" lr-) ca 0 ~ ... c.o :- '" 10 => '" '"' ~ ~ Q z l;:) ~ Cl ~'~ ~ Q ~ ~ III ... '" ::t Cl ~ ~ ~ .... 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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) .. i24;,'u...~...aopt/ /)...()~ ~....".:,.. DATE' ASSESSOR'S OFFICE Town of Nantucket C,!) ~~ U) H HE-! U)~ ~() l'zlD E-!E-! ~~ ~Z ~ ~ ~ ~ ~ ~ ~ ~ ~ g ~~~~~~~~ ~ ~~~~22~2li! g ~~~~~~~~rz. H HHHHHHHHrz. ~ ~ ~ ~ ~ ~ ~ ~ H ~ iiiiaiai~ ~ ~ III \0 .., C'l Cl) .., C'l ...... Lfl Lfl Po C'l C'l C'l ...... ...... ...... C'l ...... ...... ..... Q) tJ> C1l 0.. Lfl \0 Lfl Cl) .., 0 ~ .., .., ...... 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