HomeMy WebLinkAbout010-05
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date' ~0rvClXt,\l7 ' 20CU-
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Owner/Applicant:
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OlD-os-
f~ frof'Ol'ft11( ~eC{l7y TYVs~
(b, ro (i T 0X~ l"~ --J
Application No.:
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Enclosed is the Decision of the BOARD OF APPEALS which h~s'
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.
Q-
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); 9139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 54, Parcel 73
42 Monomoy Road
LUG-1
Land Court Plan 16289-C, Lot3
Cert. of Title 16089
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, February 11, 2005, at 1:00 P.M., in the
Conference Room, in the Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, 42 MONOMOY REALTY TRUST,
BRIAN CONROY TRUSTEE" c/o Brian Conroy, 3 Freedom Square,
Nantucket, Massachusetts 02554, File No. 010-05:
2. Applicant is seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law Section 139-33A (alteration/expansion of
the pre-existing nonconforming structure/use) . Applicant
proposes to alter and expand a primary single-family dwelling by
removing and reconstructing the existing northerly and southerly
wings of the structure substantially on the same footprints, at
a point no closer to the front yard lot line than the primary
central portion of the existing structure, which would remain in
it current location. In addition, Applicants propose to
remove / demolish the existing nonconforming garage/ secondary
dwelling and reallocate that ground cover by constructing a
conforming, as to setback requirements and 12-foot scalar
separation for primary and secondary dwellings, pool
house/secondary dwelling to the rear of the property. The
overall existing ground cover ratio of about 10.1% would not be
exceeded. The property is benefited by a previous grant of
relief by Variance in the Decision in BOA File No. 051-95 (and
companion case in 052-95) that allowed a reconfiguration of lot
lines between the subject property and the immediately abutting
lot to the north in order to cure setback violations. Today the
relief is available by Special Permit under Nantucket Zoning By-
law Section 139-33A(8) and to that extent Applicants are asking
the Board to vacate the original relief and validate the change
in lot lines by Special Permit under said Section. Should the
Board feel it not appropriate, the Applicants are seeking, to
the extent necessary, MODIFICATION of said Decision to complete
the proj ect as proposed. The Locus is nonconforming as to lot
size with the Lot containing about 20,000 square feet of area in
a district that requires a minimum lot size of 40,000 square
feet; as to front yard setback with the primary dwelling being
sited as close as about 15 from the lot line along Monomoy Road,
in a district that requires a minimum front yard setback of 35
1
feet; as to side yard setback with the garage/secondary dwelling
being sited as close as about six feet from the southerly side
yard lot line in a district that requires a minimum side yard
setback of ten feet; and as to ground cover ratio with the Lot
containing about 10.1% in a district that allows a maximum
ground cover ratio of 7%. The Premises is located at 42 MONOMOY
ROAD, Assessor's Map 54, Parcel 73, Land Court Plan 16289-C, Lot
3. The property is zoned Limited-Use-General-1.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
recei ved at our public hearing. There was no Planning Board
recommendation, as the matter did not present any issues of
planning concern. There were no letters on file and except for
the presentation by the applicant and its representative, there
was no support or opposition presented at the public hearing.
4. Applicant, through its representatives, stated that the
single-family dwelling on the locus was undergoing a substantial
renovation. Applicant proposed to place a new foundation under
the structure that would not raise the overall ridge height
above the maximum allowed height of 30 feet, and remove and
reconstruct the northerly and southerly side wings. The
structure was situated wi thin the required 35-foot front yard
setback area and both the dwelling and separate garage/bunkhouse
were clearly visible on the 1938 and 1957 aerials in the Town
records substantially in the current locations, making the
si ting and ground cover grandfathered for zoning purposes. No
part of the primary structure or reconstructed wings would be
sited any closer to the front yard lot line than presently
located, with the new wings sited substantially on the same
footprint as the existing wings, though the southerly wing would
be increased in height to provide second story living space. The
ground cover of the structure would not be increased. In
addition, Applicant proposed to demolish the existing
garage/bunkhouse, nonconforming as to 12-foot scalar setback
from the main dwelling, and reallocate the existing ground cover
to a new conforming one-story secondary dwelling to the rear of
the property that would also contain space that would be used
ancillary to the proposed pool. All parking would continue to be
provided on site. Applicant represented that the appropriate
approvals had been obtained from the Historic District
Commission for the project as described. The current ground
cover ratio of about 10.1% would not be increased. The Premises
was also benefited by a previous grant of variance relief
(though today relief to affect such a lot line reconfiguration
is available by special permit) in the Decision in BOA File No.
051-95 in order to convey a northerly portion of the lot to the
northerly abutter and in turn received an equal parcel in order
to cure a side yard setback violation. Lot size and ground cover
ratio were maintained. Applicant therefore was seeking a
2
, .
modification of that relief to the extent necessary to allow the
project to be completed as proposed.
5. Accordingly, the Board of Appeals finds that the
proposed renovation, demolition and reconstruction would not
increase the nonconforming ground cover ratio but would increase
the massing of the primary structure within the front yard
setback area with the increase of the southerly wing to two
stories, though no new nonconformity would be created. The Board
further finds that the proposed changes, including the increase
of structure wi thin the front yard setback area, would be in
harmony with the general purpose and intent of the Zoning By-
law, and would not be substantially more detrimental to the
neighborhood than the pre-existing nonconformities.
6. Therefore, by a vote of four in favor (Sevrens, O'Mara,
Loftin, Toole) and one opposed (Wiley), the Board of Appeals
GRANTS the requested relief by SPECIAL PERMIT under Zoning By-
law ~139-33A to allow the alteration, demolition and
reconstruction to the structures upon the locus as described
above, subject to the following conditions:
(a) The maximum ground cover ratio allowed for this
lot without further relief from this Board shall
be about 10.1%;
(b) The siting of the structures shall be done in
substantial conformity with the "Site Plan",
dated January 4, 2005, done by Belanger Paul &
Cut one Architecture, a reduced copy of which is
attached hereto as Exhibit A;
(c) The renovations shall be done in substantial
conformance with Certificate of Appropriateness
Nos. 45,080, 45,160, and 45,161,relative to the
structures on site as approved by the Nantucket
Historic District Commission, as may be amended;
and
(d) During the summer months between June 15 and
September 15, of any given year, exterior
construction related to this project shall be
limited to the hours between 9:00 AM and 4:00 PM
and there shall be no more than three trade
vehicles on site at any given time during that
same period of time.
3
. .
(ZBA 010-05)
Dated: February n, 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
F~~
A Public Hearing of the NANTUCKET WNlNG BOARD OF Al!PEALS will be
held at 1:00 P.M., FRIDAY, FEBRUARY 11,2005, IN TIIE CONFERENCE RopM,
TOWN ANNEX Bun.DING, 37 Washington Street, Nantucket, Massachusetts, Qt\ the
Application of the following:
42 MONOMOY REALTY TRUST, BRIAN CONROY TRUSTEE . .
BOARD OF APPEALS FILE NO. 010-05 :;)
Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/expansion ofthe pre-existing nonconforming
structure/use). Applicant proposes to alter and expand a primary single-family dwelling
by removing and reconstructing the existing northerly and southerly wings of the
structure substantially on the same footprints, at a point no closer to the front yard lot line
than the primary central portion ofthe existing structure, which would remain in it
current location. In addition, Applicants propose to remove/demolish the existing
nonconforming garage/secondary dwelling and reallocate that ground cover by
constructing a conforming, as to setback requirements and 12- foot scalar separation for
primary and secondary dwellings, pool house/secondary dwelling to the rear of the
property. The overall existing ground cover ratio of about 10.1 % would not be exceeded.
The property is benefited by a previous grant of relief by Variance in the Decision in
BOA File No. 051-95 (and companion case in 052-95) that allowed a reconfiguration of
lot lines between the subject property and the immediately abutting lot to the north in
order to cure setback violations. Today the relief is available by Special Permit under
Nantucket Zoning By-law Section 139-33A(8) and to that extent Applicants are asking
the Board to vacate the original relief and validate the change in lot lines by Special
Permit under said Section. Should the Board feel it not appropriate, the Applicants are
seeking, to the extent necessary, MODIFICATION of said Decision to complete the
project as proposed. The Locus is nonconforming as to lot size with the Lot containing
about 20,000 square feet of area in a district that requires a minimum lot size of 40,000
square feet; as to front yard setback with the primary dwelling being sited as close as
about 15 from the lot line along Monomoy Road, in a district that requires a minimum
front yard setback of35 feet; as to side yard setback with the garage/secondary dwelling
being sited as close as about six feet from the southerly side yard lot line in a district that
requires a minimum side yard setback of ten feet; and as to ground cover ratio with the
Lot containing about 10.1 % in a district that allows a maximum ground cover ratio of
7%. The Premises is located at 42 MONOMOY ROAD, Assessor's Map 54, Pare 73,
Land Court Plan 16289-C, Lot 3. The prop rty is zoned Limited-Use-General- .
^' ~
Nancy 1. Sevre , hairman
THIS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
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, FEBRUARY 11, 2005, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nanf!lcket,
Massachusetts, on the Application of the following:
42 MONOMOY REALTY TRUST, BRIAN CONROY TRUSTEE
BOARD OF APPEALS FILE NO. 010-05
-J
,)
Applicant is seeking reliefby SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/expansion of the pre-existing nonconforming
structure/use). Applicant proposes to alter and expand a primary single-family dwelling
by removing and reconstructing the existing northerly and southerly wings of the
structure substantially on the same footprints, at a point no closer to the front yard lot line
than the primary central portion of the existing structure, which would remain in it
current location. In addition, Applicants propose to remove/demolish the existing
nonconforming garage/secondary dwelling and reallocate that ground cover by
constructing a conforming, as to setback requirements, pool house to the rear of the
property. The overall existing ground cover ratio of about 10.1 % would not be exceeded.
The property is benefited by a previous grant of relief by Variance in the Decision in
BOA File No. 051-95 (and companion case in 052-95) that allowed a reconfiguration of
lot lines between the subject property and the immediately abutting lot to the north in
order to cure setback violations. Today the relief is available by Special Permit under
Nantucket Zoning By-law Section 139-33A(8) and to that extent Applicants are asking
the Board to vacate the original relief and validate the change in lot lines by Special
Permit under said Section. Should the Board feel it not appropriate, the Applicants are
seeking, to the extent necessary, MODIFICATION of said Decision to complete the
project as proposed. The Locus is nonconforming as to lot size with the Lot containing
about 20,000 square feet of area in a district that requires a minimum lot size of 40,000
square feet; as to front yard setback with the primary dwelling being sited as close as
about 15 from the lot line along Monomoy Road, in a district that requires a minimum
front yard setback of35 feet; as to side yard setback with the garage/secondary dwelling
being sited as close as about six feet from the southerly side yard lot line in a district that
requires a minimum side yard setback often feet; and as to ground cover ratio with the
Lot containing about 10.1 % in a district that allows a maximum ground cover ratio of
7%. The Premises is located at 42 MONOMOY ROAD, Assessor's Map 54, Parcel 73,
Land Court Plan 16289-C, Lot 3. The property is zoned L. ited-Use-General-l.
c.vv-..-
Nancy 1. Sevrens
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
AL TERNA TIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
FEE: $300.00
NANTUCKET ZONKNG J8;OARD OF
li EAST CHESTNUT STREET
NANTUCKET, MA 02554
r,JOomcJJ06
APPLICATION FOR RELIEF
Owner's name(s):
Mailing address:
Applicant's name(s):
42 NtlN,9l'1tlV If-C:A-~TL{ r~vSI - 1!?te./It;l (,(}tJ!!,oY
~ Fe6~tJ(J11 ~QIlIr~e-: Ah1:"'Tvc.'1el. HIr OZ554
~ pc;. 11-
Mailing address: ,l; e,eoA-P !i;re~-r-, NItN7Vou.bt/,t.(k 02. $$"'4
.
Locus address: rOJrJN Otc- Alk^,T7;~lA.E.l Assessor's Map/Parcel: 5"1:/73
/
Land Court Plan/Plan Book & Page/Plan File No.:/6J.JBf--c,Bt//35: Lot No.: 1-01-3 ~C[)V
" I - _n_____
Date lot acquired: 10 / /~ /P4 Deed Ref./Cert. of Title: /6tJ-&f. 7. )",.60 Zoning District: ~I/€j I
Uses on Lot - Commercial: None V Yes (describe)
Residential: Number of dwellings~ Duplex_ Apartments_Rental Rooms
Building Date(s): All pre-date 7/72? V or
Building Permit Nos: NtP: /2 3 e - Of
Previous Zoning Board Application Nos.: 1// A-
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:
"The Pffll'vd-tbilt- I.~ -1M /dei. ~ AeUJns-t~r ~ -Or\'l>h:"'o v-J\',^((S
. +- -#'Ie Q. r" ~r-- FfJS~~ ..fo ...eIMOVC: 6 ' ~
~IV~ V'l'llA.! \\<M~~. ~ ~tlS u.\ll ~ ~l"~~tl~ ~VI.{.'~~ {k- ~eA'V pdtf^l\vvt.5.
""i ;>~/ IA H;> '\I L~ ~o cxv.:;Oo'scd L~ C~ .l\.-... oVO\A~ coveN, ~ IN\Q..(.lA,...
- \1\ :;;we.i-J"'~ -f1l\Q\IC- J.M 1Ic:;..- r' )',,1 SLO"
\\ ~ ~ \~ (x\'\\-$ +o~ b\'~ s 11~+o .w.... ~~+ ~"""Dl .se~ '>l '? I "
AO: ~ fW\aAv\. hOlA~ ~lt tW:?f- be !l..e.k7c.a-f-~ ~ ~ ;te~VJ <;+vt.c:.d~ j.M. V1f J
~t,L (..(M..;kV\~..J.o "+,( (A,~ iWt- ~'-O'^'~ ';1~ fet.-~ -f ~ Q.f f II 'cQ.u4- [.-cek ~
~L\e,\- ~ ~ t '?'G1 -l :. k '~So..fo I\t.lMOVt:.- Q(A..' ~f,hvt.Ct ~"a... (2(.....01 COtSoivuct-
AdJ"-h'o~l'-G \ ~ arfhr..o.: :h.. :.t- ~u.~ 3-~e ~~42r. 1'~ ~as~ ~~
~Qr.:k- \.\~l~~l.k~ ~ ftlO$42.-b)e-. ~ 4~~ ~. +1-. :hoLNev~ 1* ~\l ",0+- iV<~
~ 4<\'<;'-\-$ -\-o~. ~ Q.f'Ph~ ~ ~~ ~ ~ pc--v 1 '3cr -~31tf~
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pains and penalties of perjury.
SIGNATU~ ~ ::>~ Applicant Attorney/Agent i/
(If not owner or owner's attorney, please e oo~ of agency to bring this matter before the Boar .>-.
^f- FO]{JM QFfICE USE I
Application received on:L/.!i-~ By: U)(/\}J Complete:X- Need copies? \.QJ"
Filed with Town Clerk:L/Z70r;la~iiingBOard:-t:=I / _ Building Dept.:_ ~B .
Fee deposited with Town Treasurer:1-/u70r By: ~aiver requested?:_Gran~d:_I_/_ ~
Hearing notice posted with Town Clerk:-l-Zn DJMailed:-t-;({(;O.fr&M:-'li~'1/ ()-~ & '2/ .~I OS
Hearing(s) held on:_/_/_ Opened on:_I_I_ Continued to:_/_I_ Withdrawrn?:_/_/_
DECISION DUE BY: / / Made: 1 1 Filed w/Town Clerk: / / Mailed!:
C of O(s)?
DECISION APPEALED?,: / / SUPEHU()]R COURT:
V4) NRfI (TH lWJ>T
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TOWN BUILDING ANNEX
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
Telephone 508-228-7222
Tele Fax 508-228-7249
December 21,2004
Tom Nelson
P.D, Box 749
Dsterville, MA 02655
Dear Mr. Nelson:
Your request for work at 42 Monomoy Rd" Nantucket, MA, (Map# 54, Parcel# 73), has
been denied for the following reason(s):
Materials included in your application show that the property lines for 42 Monomoy Rd,
were altered in 1995, At that time, said change was not permissible under ~ 139-16 which
required, in part, that "no lot shall be changed in size, shape, boundaries or frontage
unless in conformity" with the intensity regulations. Lots in the Limited Use General-l
(LUG-I) zoning district require 40,OOO-square feet of lot area to be conforming, The
April, 1996 Town Meeting created ~139-33A(8) which allows pre-existing,
nonconforming lots to be altered as to size, shape, boundaries and frontage under special
permit issued by the Zoning Board of Appeals. You are required to receive said relief
prior to approval of your project,
Additionally, the structures at 42 Monomoy Rd, have a stated ground cover of 1,945-
square feet, an excess of 445-square feet over the allowed ground cover of 1,500-square
feet (see ~139-33E(2)b). AZBA special permit is also required under the provisions of
~ 139-33A(9) in order to rebuild up to current 1,945-square feet of ground cover.
Your application materials will be held in the Building Department, in the file for 42
Monomoy Rd" and will be kept for a limited time. If you have any questions regarding
this notice please call, fax or visit.
Marcu Silverstein
Zoning Enforcement Officer
Town of Nantucket
Please be advised that an appeal oftbis denial may be filed within 30 days of this notice with the Zoning Board of Appeals pursuant to ~139-
31.'\(2) ofthe Town of Nantucket Zoning Code,
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ELANGER
AUL &
U TON E
42 Monomoy Realty Trust
42 Monomoy Road
Nantucket, MA
04 JAN 05
Proposed demolition of existing garage structure circa 1940.
P. 508 228 2722
2 Broad Street Nantucket, MA 02554
F. 508 374 8498
West Elevation
South Elevation
2
East Elevation
3
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Town of Nantucket
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LIST OF P ARTlES IN INTEREST IN THE MA TIER OF THE PETITION OF
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PROPERTY O~ER..:1~.rD.~~~n:~wn~
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MAl LIN G ADDRESS...,.................................,..............................."
PROPERTY LOCA TlON... .Y~.. .~. .10?0A.............
ASS ESSORS MAPfP ARCEt..,~. fl. 3:>,.,..,. ',..,...........,...,....,.", "'" ,
APPLlcANT.Y.~..~..l<9~~...~(~-:-lr..~
SEE ATIACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting property, owners of
land directly opposite on any public or private street or way; and abutter.s of the abutters and all
other land owners within 300 feet of the property line of owner's property, all as they appear on
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139-29D (2) .
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ASSESSOR'S OFFICE
Town of Nantucket
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
August 18
, 1995
To: Parties in Interest and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
051-95
Owner/Applicant:
HOWARD B. CHADWICK, JR.,
CHARLES B. CHADWICK AND BENJAMIN B. CHADWICK
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 Decision must be given
~~o~h~a~~~n Clerk so as to be rece11ed within such TWENTY
,l) ~ ~
Mi ael J. O'Mara. 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 g139-30I (SPECIAL PERMITS); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS,
NANTUCKET ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Massachusetts 02554
Assessor's Map 54, Parcel 73
Certificate of Title No. 16089
Limited Use General-l
Lot E
Land Court Plan 16289-A
42 Monomoy Road
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, August 11, 1995, at 1:00 P.M., in the
Selectmen's Meeting Room, in the Town and County Building, Broad
Street, Nantucket, Massachusetts, the Board made the following
decision on the application of HOWARD B. CHADWICK, JR., CHARLES
B. CHADWICK and BENJAMIN B. CHADWICK, as Trustees OF CHADWICK
NOMINEE TRUST, c/o Reade & Alger Professional Corporation, Post
Office Box 2669, Nantucket, Massachusetts 02584, File No. 051-
95:
2. The Applicants are seeking relief by VARIANCE pursuant
to Nantucket Zoning By-law ~139-32 from the requirements of ~139-
16.A (Intensity Regulations). Applicants propose to reconfigure
the lot line between the subject property (the "Locus") and the
adjacent property to the north. The Locus is said to be
nonconforming as to front and side yard setbacks, with the
primary dwelling being sited 15:t feet from the front yard lot
line and 8.7:t feet from the northerly side yard lot line at its
closest points; as to southerly side yard setback, with the
secondary dwelling being sited 6.0:t feet from the lot line at its
closest point; as to lot size, having an area of 20,000 square
feet; and as to ground cover ratio, having a ratio of 10.1%. The
Locus is situated in a district that requires a minimum front
yard and side yard setback of 35 and 10 feet respectively, a
minimum lot area of 40,000 square feet and a maximum ground cover
ratio of 7%. The nonconformities are said to predate the Zoning
By-law. No change in lot area, ground cover ratio, spacing
between primary and secondary dwelling units, or front and
southerly side yard setback nonconformities of the existing
structures will result from the proposed reconfiguration.
However, the nonconforming northerly side yard setback distance
of 8.7:t feet will be eliminated to meet the 10 - foot side yard
setback requirement. The Locus is located at 42 MONOMOY ROAD,
Assessor's Map 54, Parcel 73, is shown on Land Court Plan 16289-A
as Lot D, and is zoned as Limited Use General-I.
3. Our
accompanying
decision is
materials,
based upon the
and representations
application and
and testimony
received at our public hearing. There was no Planning Board
recommendation. One letter in opposition was received at the
public hearing; there were no other comments presented in writing
or in person.
4. As presented to us by the Applicants in this case and
the companion case, No. 0521-95, brought by the northerly
abutters, Piers M. MacDonald and Bonner D. MacDonald, these
applications are brought in order to enable the lot line between
the MacDonald property (Assessor's Parcel 54 -72, consisting of
Lot D on Land Court plan 16289-A and the unregistered land shown
as Lots 99 and 100 on plan recorded with Nantucket Deeds in Plan
Book 1, Pages 8 and 9) and the Chadwick property to be moved.
The Chadwick property contains 20,000 square feet, and thus is
nonconforming with zoning requirements, but is a lot of record
which has been in separate ownership from all adjacent land since
a time preceding applicable zoning requirements; the MacDonald
property contains 55,000 square feet, and thus is in conformity
with minimum lot area requirements. Ground cover of 10.1% on the
Chadwick lot is nonconforming with the maximum ratio in this
district, but will not be changed by the lot line alteration; all
buildings upon the Chadwick property antedate the 1972 advent of
zoning requirements, in their present configuration. The
MacDonald property[ with ground cover ratio of 4.9%[ is now and
will continue to be in conformity. The only other zoning
nonconformities upon either lot are:
(a) the setback of the garage upon the MacDonald
property from the Chadwick boundary line, which is now about one
foot, with required side yard setback being ten feet; this
nonconformity will be eliminated by the reconfiguration of the
lot line between the subject parcels;
(b) the setback of the main dwelling upon the Chadwick
property from the MacDonald boundary line, which is now about 6.3
feet[ with ten feet required; likewise[ this nonconformity will
be eliminated by the relocation of the lot line; and
(c) the separation of the primary and secondary
dwellings upon the Chadwick property, being less than the
required twelve feet, the front yard setback of the main dwelling
upon the Chadwick property, which is about fifteen feet, with
thirty-five feet being required, and the side yard setback of the
secondary dwelling upon the Chadwick property, which is about six
feet, with ten feet being required; all of these nonconformities
pre-exist the zoning requirements with which they are
nonconforming, and the parties have no means to correct these
nonconformities.
5. The result of granting relief to the parties as
requested will be that the nonconformity of the main dwelling now
2
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CURRENT ZONING MAP: l.,UG - (
MINIMUM LOT SIZE: _ 4a. ~ 5F
MINIMUM FRONTAGE: lob I
FRONTYARD SETBACK~~?'
SIDE AND REAR SETBACK;, 10'
ALLOWABLE G,C.R.; 7/'0
PROPERTY LINES SHOWN ARE TAKEN FROM RECORDED
DEED AND PLAN REFERED TO HEREON. BUILDINGS. MONUMENTS.
ErC, ARE PLOTTED FROM FIELD MEASUREMENTS,
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NANTUCKET,M.A.SSACHUSETTS 02554
Date:
August 18
, 1995
CERTIFICATE OF GRANTING OF VARIANCE ~~~
(Massachusetts General Laws, Chapter 40A, Section 11)
The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies
that a VARIANCE~~~~XOCKOOMXT has been GRANTED:
To: (Owner/Applicartt)
Howard B. Chadwick, Jr., Charles B. Chadwick
and Benjamin b. Chadwick (051-95)
Address:
c/o Reade and Alger, P.O. Box 2669, Nantucket, MA
02584
affecting the rights of the Owner/Applicant with respect to land or
building at:
42 Monomoy Road, Assessor's Map 54, Parcel 73,
Land Court Plan16289-A, Lot E
Cert. of Title
~~~~X~~4~)f~~~
16,089
And the BOARD OF APPEALS further certifies that the attac~ed
Decision is a true and correct copy of its Decision GRANTING the
VARIANCE ~~~X~ and that copies of the Decision an3 of
all plans referred to in the Decision have been filed with the Plannin;
Board and the Town Clerk.
The BOARD OF APPEALS calls to the attentio~ of the Owner/
Applicant that General Laws, Chapter 40A, Section 11 (laSt paragraph)
provides that no VARIANCE~~~X~X~~~~~~~ or any EXTENSION,
MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of
the Decision is certified by the Town Clerk that TWENTY (20) days have
elapsed after the Decision has been filed in the office of the To~n
Clerk and no appeal has been filed (or, if such appeal has been filed,
that it has been dismissed or denied) and (b) the certified copy is
recorded in the Registry of Deeds for the County of Nantucket and
indexed in the grantor index under the name of the Owner of Record or
is recorded and noted on the Owner's Certificate of Title. The fee for
:~~r:~egistering shall be ~~t.
SUBDIVISION PLAN OF LAND IN NANTUCKET
Nantucket Surveyors Inc. Surveyors
October 20, 1995
1 ~.
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Filed with Cert. of Title No. 2260
Registry District of Nantucket County
Separate certificates of title may be issued for land
shown hereon as L..()/~..J ,qp.d:4. . . , . . . , . . . . . . . , , , , , , . .
By the Court.
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