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HomeMy WebLinkAbout016-05 I' TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: 7.U3~ t7, 2[}0;5 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of t~? following: Application No.: 0 ((0/0 S-' , ' Owner/Applicant, ~<J\Yle, it. U)Clffp. ,Qs"iVvr~, C)~ \f(bnPF~ AJdml/)e~ ~T,'~ ,<) 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 to the Town Clerk so as to be received within such TWENTY (20) days. /f;o~~ l~vr I0cJ..M.. ~ J. treOl<i 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 9139-301 (SPECIAL PERMITS); S139-32I (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 42.2.3, ParcellS 68 Washington Street R-C Plan Book 13, Page 43 Deed Book 447, Page 290 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, February 10, 2005, at 1:00 P.M., in the Selectmen's Meeting Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of LYNNE Y. WOLFE, as Trustee of PIONEERS NOMINEE TRUST, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 016-05: 2. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A(8). Applicant proposes to alter common lot lines with immediately abutting property to the northwest shown as 66 Washington Street, Assessor's Map 42.2.3, Parcels 13 and 14 (the subject of the Application in BOA File No. 015-05), by moving the lot line in a northerly direction and receiving about 1,807 square feet of lot area, containing an ancillary structure currently located on the subj ect property, from the owner of the abutting property. The Locus, currently containing a single-family dwelling, is nonconforming as to side yard setback with the dwelling being sited as close as about one foot to the northerly side yard lot line and as close as about 0.5 feet from the southeasterly side yard lot line in a district that requires a minimum side yard setback of five feet; as to lot size with the Lot currently containing about 3,541 square feet of lot area in a district that requires a minimum lot size of 5,000 square feet; and as to frontage with the Lot having about 31.03 feet of frontage along Washington Street in a district that requires a minimum frontage of 40 feet. After reconfiguration, the cottage would then be sited wi thin the lot lines of the property with a new northwesterly side yard setback of about 2.4 feet at its closest point, and the Lot would meet minimum lot size requirements, increasing lot size to about 5,348 square feet, and would increase the frontage to about 47.8, thus reducing three nonconformities on the Locus. In the alternative, Applicant is seeking relief by VARIANCE under Nantucket Zoning By-law Section 139-16A (Intensity Regulations) to accomplish the boundary line change as proposed. See also File No. 054-00 that asked for the same relief, but which expired, as it was not exercised in a timely fashion. The Premises is located at 68 1 WASHINGTON STREET, Assessor's Map 42.2.3, Parcel 15, Plan Book 13, Page 43. The property is zoned Residential-Commercial. 3. Our decision is based upon the application and accompanying materials, and representations and testimony recei ved at our public hearing. There were no letters on file and no other public comment at the hearing. 4. The Applicant, through counsel, represented that the locus, as shown upon the sketch plan by Blackwell & Associates, Inc., revised through May 30, 2000, a reduced copy of which is attached hereto as Exhibit A, contained a single-family dwelling. The Locus was nonconforming as to lot area and frontage as well as side yard setbacks on both its northwesterly and southeasterly boundaries. The owner of the Locus and the 66 Washington Street property have agreed, subject to approval by the Board of Appeals in this case and in the companion case for 66 Washington Street, File No. 015-05, to relocate the boundary between these lots in order to render both lots conforming as to lot area and frontage, by conveying a strip of land containing the "cottage" from the 66 Washington Street property to be merged with the Locus. It is not possible to accomplish this lot line change without resulting in a nonconforming side yard setback in each lot along the new proposed boundary line; however, this setback nonconformity would be less than that now existing along the present boundary, which was currently about one foot on the northwesterly side, and would be increased to about 2.4 feet once the lot line is altered, decreasing the nonconformity. All of these structures pre-existed the adoption of the Nantucket Zoning By-law and were clearly visible on a 1957 aerial in the town records in substantially the same locations. Under By-law ~139-33.A(8), pre-existing, nonconforming lots may be changed in size, shape, boundaries or frontage pursuant to a Special Permit based upon a finding that the change will not be substantially more detrimental than the existing nonconformity, provided that no new nonconformity will be created and no existing nonconformity will be increased. The side yard setback nonconformity upon the southeasterly boundary of the Locus would not be affected by the proposed change. Similar relief was granted in 2000, but was not timely exercised. 5. Therefore, based upon the applicant's presentation, the Board finds that the effect of the proposed lot line change would be to render the Locus conforming as to both lot area and frontage, while leaving the 66 Washington Street property conforming as to both. The existing side yard setback nonconformity along the boundary between the Locus and 66 Washington Street would be reduced, by increasing the setback from about one foot to about 2.4 feet. In addition, the Board of Appeals finds that the change would not be substantially more detrimental to the neighborhood than the existing nonconformity, 2 , , and that no new nonconformity would be created and no existing nonconformity would be increased. 6. Accordingly, by UNANIMOUS vote, the Board of Appeals GRANTS the requested relief by SPECIAL PERMIT under Zoning By-law ~139-33. A (8), to authorize the reconfiguration of the boundary between the Locus and the 66 Washington Street property in accordance with the "Proposed Property Line" as shown upon Exhibit A, subject to the following conditions: a) There shall be no human habitation in the "cottage" without further relief from the Board. The foregoing shall not act to prohibit future habitation in the "cottage" if it were lawfully physically connected to the existing dwelling on the Locus. b) Reconfiguration substantial conformance Exhibit A. of the wi th the lot lines shall be plan attached hereto in as Dated: FebruaryJ[L, 2005 C. Edward C. Murphy 3 ~ ZONING ClASSIFICATION: J( - C MIN, AREA: ,50q0 ,S.' F, MIN. FRONTAGE ..4Q . FT, FRONT YARD SB . iJO!:lE . REAR Ii SIDE S.B. .5. F.r . , GROUND COVER (7.) .5,0 j" , . .:0 t8 ,t~------ : . hi !"" I~ I ~ I I I I/n ~- EXISTING: SEE 'PLAN \ 42,2,3 - 13 75'r --'' \~ ~~ r~ R IGiARD C W'OL'rc (' ~ LOT 6 l.C. I0450-A CE'~T. "3Z1l ~\~ ~\i. AREA.; 50J8~S,F. ~~ \~ +~ "{ ft:~ 0 ? -l lu gs tJ -20 1'1 \!i ! ~::1. II: " I (jll..:r-,.k: :J ~ q rs 1,~ PRoPOSED '~~^' ~I 1/78G:tS,F, N "'< ~ ).i" PROPOS'z '?' ~ >< !:xi /2 G,C, " IG % % V tlf ICJ /I ~~ W .q: _ CL! q i1 P1<OFEY:rr LiNE '<( \PROPOSW 5348:tS,F. f'RCPOSED (;,C : 13,%:t l- W \JJ \l:: f- (j) .\< , \ , 'z ~ +1 ('J -\0 '. ':z I'-'~ - '1"- I '" 0 <f) ;;j 1 \, " (""/"",,,~ 113';; 4l,Z,3- 15 fJ/F" VICTORIA Y. WEB8, TR. PLAJ.J BCOK 13 PG, 43 DEED 8OOK447 R;i,290 AREA t 354/ ., !i),F. : G,c' - 13 t.:t G4,12 ,,' 115'% 4z, z. 3- IZ, 38 1111" ALMA I-fOLDGAIT 110' '" 77'''' . 110'r D'w"E:LL1 ~G 42.2,'3- /G iI/P GA.l L. CI{I?18TMAH (" 1/'1L -LL ,~\, ~. DiU ORIGII~ALLi STAMPED AJi~ ENDORSED COPIES OF THIS PLAN SHALL BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. ~ ~ c:: -j ~ ~ r )> "l:- --1 C () ^ rr1 1'1 -1 I I I I VISIBLE FtlRTION of IZ" DRAINAGE OlJTFALL PIPE, i PI FE APPARENTLY C1?OSSE.S BE:I-lEAT~ PROPER'1Y AND COf.JI-lECTS TO DRA/NAG E ,SY5TEM IN wAS", 6T. 1:. :P- ?J ~ ?0 1:.. ~ m ro M@~lf@&@@ ~~~~~~lf~@~ ~[!,,&[KB ~1Ji) 1KJJ&1KJJ'if'1!:D~~~'iI D ~&~@u RFYISE:O: 5-30 -ZOOQ SCALE: r = 25' DATE: tv1A Y 31, 1'794 REVISi:D; 5-1" -zOoO Owner: , ,~19l;{~,Rp, C;:" 'v-/Q I,. fE; , a. YI~TO!CI.A. . y: W'E:I013 T'i::\JSTI<:E PJOI-lE:ERS , , , , , , .>, , , , . , 'NDMiIJEE' TRuiT ' DeedjCert,: ,s~~ ,r::LA':4 " Plan: "? EE F'LAJ-I , .. " " Map: ~ c', 2: ~ - ,13~ 14: 15 Locus: ~ ,J~, I G~ hlAs':</1:Ji!T:Ol-/ sr. TO: ,lC!C,J.{,A,k?~, ,c: ~p~r:~ AtJ.~ , . , , . . , . , , YI~-r:O,R,IA Y" v.;:E,B.8. . , , . . AND NO OTHERS, I CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE PREWSES SHOWN ARE LOCATED IN FLOOD HAZARD ZONE: . ,.A. '{, , , DELINEATED ON F,LR,M, / COMMUNITY PANa NUMBER: 250230-00 ,II, , , , ,0, BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, EFFECTNE DATE OF MAPS: JUNE 3, 1986 AND AS PERIODICAllY REVISED, THIS INSPECTION PLAN WA5 PREPARED FOR MORTGAGE PURPOSES ONLY AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY, THIS PlAN SHOULD NOT BE USED TO ESTABLISH PROPERlY LINES. FENCES, HEDGES OR ANY ANCIL.lARY STRUCTURES ON THE PREMISES, Tax THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PlANS OF RECORD, THIS INSPECTION PlAN IS NOT A CERTIFlCATION PS TO THE TITLE OR OWNERSHIP OF THE PROPERTY SHOWN, OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET PSSESSOR RECORDS. THIS PlAN SHAll NOT BE USED FOR AIfY OTHER PURPOSE OTHER TI-Wl ITS INTENDED USE STATED ABOVE. @Blackwell I< Associates Inc. C:\JOilS\HB\Jll'P INOT TO BE RECORDED I FBK,: BLACKWELL &: ASSOCIATES, Inc, PTo!essicnal Land, Surveyors 6 Young's Way Nantucket, Massachusetts 02554 , (508) 228-9026 B-4143 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 CONFERE~CE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: LYNNE Y. WOLFE, TRUSTEE OF PIONEERS NOMINEE TRUST BOARD OF APPEALS FILE NO. 016-05 Applicant is seeking reliefby SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33A(8). Applicant proposes to alter common lot lines with immediately abutting property to the northwest shown as 66 Washington Street, Assessor's Map 42.2.3, Parcels 13 and 14 (the subject ofthe Application in BOA File No. 015-05), by moving the lot line in a northerly direction and receiving about 1,807 square feet of lot area, containing an ancillary structure currently located on the subject property, from the owner of the abutting property. The Locus, currently containing a single-family dwelling, is nonconforming as to side yard setback with the dwelling being sited as close as about one foot to the northerly side yard lot line and as close as about 0.5 feet from the southeasterly side yard lot line in a district that requires a minimum side yard setback of five feet; as to lot size with the Lot currently containing about 3,541 square feet of lot area in a district that requires a minimum lot size of 5,000 square feet; and as to frontage with the Lot having about 31.03 feet of frontage along Washington Street in a district that requires a minimum frontage of 40 feet. After reconfiguration, the cottage would then be sited within the lot lines ofthe property with a new northwesterly side yard setback of about 2.4 feet at its closest point, and the Lot would meet minimum lot size requirements, increasing lot size to about 5,348 square feet, and would increase the frontage to about 47.8, thus reducing three nonconformities on the Locus. In the alternative, Applicant is seeking reliefby VARIANCE under Nantucket Zoning By-law Section 139-16A (Intensity Regulations) to accomplish the boundary line change as proposed. See also File No. 054-00 that asked for the same relief, but which expired, as it was not exercised in a timely fashion. The Premises is located at 68 WASHINGTON STREET, Assessor's Map 42.2.3, ParcellS, Plan Book 13, Page 43. The property is zoned Residential-Commercial. (l1CW~%d' r;;g~ Nancy J. Sevrens, man THIS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. '.~~,r.~":":.:~'2 :"~";;_.",~,,,'J/' ~- '.~.'..'L.~,.._:~:'~ '~'*'~~ BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 Date CASE No. orCo Q "...-- APPLICATION FOR RELIEF owner's name(s): Mailing address: L nne Y. wolfe, Trustee of pioneers Nominee Trust c/o Reade, Gullicksen, Hanle & Gifford, LLP, Post 9ffice BoX 2669, Nantucket, Massachusetts 02584 Applicant's name: same Mailing address: same Location of lot: Assessor's map and parcel number 42.2.3-15 Street address: 68 Washington street Registry plan Bk 13, Pg 43 Date lot acquired: ~/31/94 Deed Ref 447/290 zoning district Residential-commercial Uses on lot _ commercial: None X or MCD? _ number of: dwellings~ duplex__ apartments__ rental rooms Building date(s) all pre-8/72? __ or renovations C of O? Building permit appl'n NoS. 8576-92 Case Nos. all BoA applications, lawsuits: 054-00 State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per section 139-32A if Variance, 139-30A ~ if a Special permit (and 139-33A X if to alter or extend a nonconforming use), If appeal per 139-31A & B ,attach decision or order' appealed. OK to attach addendum' See attached addendum. ItemS enclosed as part of this Application, order' addendum' X LocuS map X site plan X showing present X + planned structures Floor plans present __-proposed __ elevations __(HDc-approved? --I Listing lot area ~ frontage ~ setbacks ~ GCR ~ parking data -- Assessor-certified addressee list 4 sets X mailing labels 2 sets X $200 fee payable to Town of Nantucket X proof' 'cap' covenant - '(If an appeal, ask Town Clerk to send Bldg comr's record to Bo~1 I certify t at the requested information submitted is substantially complete an true to the best of my knowledge, under the pains and penalties 0 erjury. 3(If not own r or owner' Applicant __ Attorney/agent X SIGNATURE: enclose proof of authority) FOR BoA OFFICE USE APplication,copie~ rec'd, 4~ ___ for BoA on ~I ~~bY~) One copy hIed wlth Town Clerk on ..Jje;]jOS;:; L~ (l,wmplete? .....---- One copy each tO,Planning Bd and Building De~-:=~ by ~ $200 fee check glven Town Treasurer on I ~~ by --- waived? Hearing notice posted l/li7;dJ--;;'ailed -iJ ?YfeJ I & M 11 2-7,:J~ 11 ,j/r:!,f--' Hearing (s) on .__1 _I __ cont'd to __I _I _I __I - withdrawn? _/_1__ Decision due by _I _I _ made __I _I __ filed TC 1 _I - mailed _/ _/- See related cases lawsuits other ADDENDUM TO APPLICATION (Pioneers Nominee Trust, 68 Washington Street) Applicant requests a Special Permit pursuant to the provisions of ~139-33.A. (8) to change the boundary lines of a preexisting nonconforming lot. The Premises presently is nonconforming as to frontage, area, and sideyard setback requirements, having frontage of 31.03 feet, area of 3,541 square feet, and sideyard setback of less than 1.0 feet from the sideyard linei required frontage in this district is 40 feet, lot area is 5,000 square feet, and sideyard setback is 5.0 feet. As reconfigured, the Premises would have 47.8 feet of frontage, lot area of 5,348 square feet, and no structure would come closer than 2.4 feet from the sideyard line. In the alternative, applicant requests Variance relief from the requirements of ~139-16 (Intensity Regulations) to accomplish the proposed boundary lines changes. See also BOA File No. 054-00 where foregoing Special Permit relief granted, which has since expired. The Premises is located at 68 Washington Street, Map 42.2.3 Parcel 15, shown in Plan Book 13, Page 43, and is zoned RESIDENTIAL-COMMERCIAL. j I i I + + ~ '?f? ~ ~ ~ o + ~ ~ I \ + ~ ''':- 21 2' O...'E INFORMATION COMPILED FROM SHOWN HEREON AND PlA AERIAL PHOTOG WAS NS OF ~EC RAPHS' CONSTRliED AS HA~RO AND IS NOT TOOEfDS, ACY FOP. CONVf ING SUffICIENT ae VANce, "'CCUIl- ~... ,.,;..~ .......-..." ," I I .-- II.:..~ ~ rl' ) rl' )P 0"'1 NAN1 Jlas 96 .1 ... . ~ . ,..,..:------ VVA.5HINGTON z :> z C! I~ :z:, n:J c:: z ^~ G') ~:~8 co 0> cz ZO (Q ~,., ~ . o~ CD ~ m,., G1 8~~ , (1)0 ~ l;, ctl ~ ~ ~~~ ~ I ~ ~ ~ STREET :3 1.03 o Gl ~ , . o (jl . 1) 1"1 ~ n .( E)\ oF . - ~ ."'1 11\ 0 - ~ ~ ~ C\f ill 0 .~ ~b) ~ ;1 . }> .-{ ii) fJI - )J n rt DQ ~ II ~ 00 0 \4- ~ -0 .. 'T\ ~ :> z o of - . JT1 -i I m r- 3 . ] o ;a 1"1 1: o c (fl f'1 -0 ~ - \t-? ..J -1 H- ~OQ~\1ti n J. .... " N J...;3>'~ Pb ? '.. ..... ~ .. . > of ..~~! -"-j ZONING ClASSIFICATION: R - C ~IN. AREA: , . ,S,OQO ,s.. f. , ~IN. FRONTAGE . .4.0 . FT. FRONT YARD S.8.: . iJ~i:<~. REAR Ii SIDE S.B.: . .5, Fr: . , GROUND COVER (7.): . .5.0, "/" , EXISTING: SEE 'PLAN , I~ t' 8 \ ..:.... 110': <i\ ---------'-42,Z,3 - 13 75'r --,' \1:. I "" ~/F h\~ : RtCI-(ARD C. YlOL'FT ' : . 0 O\~ i ~ LOT 8 L.C, 10450 ,A CE~T. ,G;3z.8 ~ 0- ~\!. . '< AK'EA= 5018" S.F. ~z:. \~ \- W \-L! Di }---- Cf) " __ -,'::'L?ROPOSE~ "'~TT7--r1-::; -:z I" ~(~!?~~Z~I'1.~ ~ ',.~LL LLr. r "l ~ -~t;W~4' I 0 (j/ 1 ;;j , \'. , r'~~~ ~ '/ "{ f:!~ 0 ~ --i,. ~ V 0'" '1.5 ! :}~O!!" , 0 I\.: f'.. k: tr?~ q rs ~ j l'< ~ ^' '!-'> N "< ~ ).i" . PROPOSZ 'r ~ ~ ro ~ G,C, : IG I. ~ V ICl /I ~ '"":<<( _ ~ ~ fj PRoPEUY' WIT<- '" \PT<OPOSW 5348:tS.F. PRoPOSED (;,C: 1.3,4:t 4z,z, 3 - 12,38 II/F ALMA HOLDGAT'E 77't; 110'r DWUl.Jt-JG ONLY ORIGINALlY STAMPED AND ENDORSED COPIES OF THIS PLAN SHAlL BE ACKNOWLEDGED BY THE CERTIFYING lAND SURVEYOR. o oo~ .... ~ & c: -oj o ~ -", ~ 7:.. }> z:. -1 C. () ^ fT1 --1 '" 1:: f> x. VISIBLE R:lRTION of i'Z" DRAl/oJ.A!!.t: OUTFALL PIPE, PI PC AP'PARE:NTL Y C1?OSSl:S 8ENEATJ-( ~ROPE'RTY AND CONNECTS TO DRAINAG E: ~Y.sTEM IN W'ASi-l. ST, I. P. ;N ~ ?V 1/3'r 4Z,Z,3 - 15' . 1-1 IF VICTORIA 1': WE88, TR. PLAfJ BOOK 13 FG, 43 DEED 8OOK447 ~,290 AREA- 354/.S,F.; G,C.-13i'.:t G{,IZ ..' 115':1: 4z, 2. '3 - It;, !l1F" GAIL.. CI-{!i?/STMAJ.I l:.. ~ m 7'J ~@~IJ@&@~ ~!M~~[g~IJ~@!M ~[1,,&~ O~ ~~'iil\:!J@~~'iJ D ~~~~. Rf:Y/~EO: S-3O -,looo SCALE: 1" = 25' DATE: MA Y 31, 1'794 REVIS~D; 5-/'}-ZOOO Owner: , ,~J9J:<Af::P. C;:'o \191,.F:~ 0 ~ ,V,I<;r,o!C,IA, . 1-, ~~~~ oJ T~~srrp:: 0 ,fIPI:I,'F!;:~'2., , , , . NOMI...EE TRlJST DeedjCert.: .S~F; . ~L~':i., Pion: ~ E;E, ,Pl,.~f.i , , , T ox Mop: ~Z'.?: ~ - ,13,,.4:'5 Locus: ~,J~)~~ \.(-\SI;<I",G1:0l.l sr. TO: ,KICKA':'D. C: WOL~E: .A:N.'~ 0 , , . , , ; , , . ,V,I~~O,RIA Y" rI.E.B,8, , , , . , AND NO OTHERS, I CERTIFY, TO THE 8EST OF f,lY KNOWLEDGE, THAT THE PRE~ISES SHOWN ARE LOCATED IN FLOOD HAZARD ZONE: . ..A.?, . , DELINEATED ON F.l.R,t.1, I COf,lMUNITY PANEL NUf,l8ER: 2502JO-OO ,II, , . , ,0, BY THE FEDERAL EMERGENCY f.lANAGEt.1ENT AGENCY. EFFECTNE DATE OF MAPS: JUNE J, 1986 AND AS PERIODICALLY Rt.V1SED, THIS INSPECTION PLAN WAS PREPARED FOR f,lORTGAGE PURPOSES ONLY AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY, THIS PlNJ SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES FENCES, HEDGES OR ANY ANCILlARY STRUCTURES ON THE PREl.fISES, THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PlANS DF RECORD, THIS INSPECTION PlNJ IS NOT A CERTIFlCATlON AS TO THE TITlE OR OWNERSHIP OF THE PROPERTY SHOWN, OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR RECORDS. THIS PlNJ SHAU NOr BE USED FOR mY OTHER PURPOSE OTHER lrWl rrs INTENDED USE STATED ABOVE :f)8lockwell & Associates Ine, )DB:f\ HB\llPP INOT TO BE RECORDED I FBK,: BLACKWELL &: ASSOCIATES, Inc, Professional Land Surveyors 6 YOting's Way NCLntucket, Massachusetts 02554 (508) 228-9026 B- 4143 . ;;O.ob'70~'\Cl2S9 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSBTrS 02554 Datel August 2g' , 2000 TOI Parties in InterelJt and. Others concerned with the Deci8ion of the BOARD OF APPEALS in the Application of the fOllowing. Application No.. Owner/Applicant. NOMINEE TRUST 054-00 VIctORIA ~. WEBB, AS TRUSTEE OF PIONEERS Encl08ed i. the Decision of the BOARD OF APPEALS wh1ch ha. this day been filed in the office of the Nantucket Town Clerk. An Appeal trom this Decision may be taken pursuant to . Section 17 ot Chapter 40A. MassaChusetts General Laws. Any action appealing the Decision must be brought by til1ng an complaint in court within TWENTY (20) days after this daY'8 da~e. Notice of the action with a copy of the complaint and certified copy ot the Decision must be given to the Town Clerk 80 ae to be receivfd within such TWENTY (20) daY8. .( UJ\<w-! ra'. Chair.an cc. Town Clerk Planning Board Building Commie.ioner , PLEASE NOTE. HOST SPECIAL PERHITS AND VARIANCES HAVI A TIME LIHIT AND WILL IXPIR. Ir NOT ACTED UPON.ACCORDING.TO NANTUCKET ZQNING BY-LAW 1139-301 (SPICIAL PIRNITS), '139-321 (VARIANCES) ANY QUISTIONS. PLUS. CALL 'rill NAN'l'UCIUI'r. ZONING lOUD or APPEALS. "', \" .oa.06?OmI290 HUI'l'OCItB'1' ZONING BOARD or UPDLS 37 Washington Str..t Nantucket, Massachus.tts 02554 Assessor's Map 42.2.3, Parcel 15 68 Washington Street R-C Plan Book 13, 'age 43 Deed Book U7, 'age 290 DECISION: 1. At a public hearing of the Nantucket. ZOning Board of Appeals, on Friday, July 14, 2000, at 1100 P.M., in the Selectmen'. Meeting Room, in the Town Anne~ Building, 37 Washington Street, Nantucket, Massachusetts, the Board _de the 'following decision on the application of VIcroRIA Y. WEBB,. as Trustee .of PIONEERS NOMINEE TROST, c/o Reade, Gullicksen, Hanley " Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts '02584, File No. 05~00: 2. The appHcant is seeking relief by SPBCIAL PERMIT under Nantucket ZOning By-law 1139-33.A(8) (change in boundaries of a pre-existing, nonconforming lot). The applicant' proposes to change the boundary lines of a lot, with nonconforming structures thereon said to pre-exist the Nantucket Zoning By-law, containing about 3,541 square feet, shown as 68 Washington Street, Assessor's Map 42.2.3, Parcel 15 (the "Locus"), with an immediately abutting lot to the northwest, shown as 64 and 66 Washington Street, Assessor's Map 42.2.3, Parcels 13 and 14, by: moving the common lot line in a northerly direction and conveying about 1,807 square feet in lot area, containing an accessory structure upon the 64 and 66 Washington Street property, shown as a "cottage" upon the sketch plan attached hereto as Exhibit A, to the owner of the Locus. The LocUS, currently containing a Single-family dwelling having about 462 square' feet in ground cover, is nonconforming as to side yard setback, with the dwelling being sited about one foot at its closest point from the northwesterly side lot. line and about 0.5 foot at its closest point from the southeasterly side lot line, in a district in which a minimum of five ieet in side and rear yard setback is required; as to frontage, with the Locus having about 31.03 feet of frontage upon Washington Street, the minimum required in this zoning district being 40 feet; and as to lot area, having area of about 3,541 square feet, with 5,000 square feet being the minimum required. After reconf igurat ion, the .cottage" would then be sited within the new lot lines of the Locus, with a new northwesterly side yard setback distance of about 2.4 feet at its closest point. No new nonconformities would be created or increased by the alteration of the lot lines, and the Locus after the proposed conveyance would contain about 5,348 square feet in lot area, in excess of the required minimum lot area of 5,000 square feet. The new southeasterly side yard setback distance of the single-family dwelling remaining upon the 64 and 66 Washington Street property would be about 2.4 feet at its closest 1 'L-. "", .~ ...~_..__.--.....,.~.....---...,_...~.. .--.... ;oo.0670'A~I291 point. In the alternative, the applicant is seeking a VARIANCE under By-law S139-lg.A (Intensity Regulationsl to accomplish the proposed boundary line changes. (See also the companion case brought by the owner of 64 and " Washington Stroot, Doard of AppeAls F11. No. ,053-00.1 The Locus is situated at 68 WASHINGTON STREET, Assessor's MAp 42.2.3, Parcel 15, and is the land shown upon plan recorded with NAntucket Deeds in Plan Book 13. Page 43. ' The Locus is situated in a Residential-COllllllerclal zoning district. 3. OU:I." dec!s.l.on ia based upon the appl.\.cat 10n and accompanying nwtorials, Gnd roproGentat.l.ons ,and tnlltimony roce1ved at OU:l." public hearing. The Planning Bo~rd recommendation was favorable to the granting of relief by Special Permit .s requested. One neighbOr appeared at the pUblic hearing with inquiries as to the process and reasons for the application. There was no other public comment. 4. As shown upon the sketch plan by BlaCkwell & Associates, Ine., revised through May 30, :2000, a reduced copy of which is attached hereto aD Exhibit A, the 64 an~ 66 Washington Street property consists of two adjacent parcels" one 'registered and the other unregistered, with a dwelling straddling the boundary line between these parcels, resulting 1n the effective merger of tbese two parcels as a single lot for zoning purposes, and also containing a structure shown aD a "cottage- upon the Exhibit A plan, which has been used as an accessory structure for storage and personal office PUrposes, contains no sanitary faCilities, and has not been used, and is not now proposed to be used, as a dwelling. The 64 and 66 Washington Street property is a conforming lot as to both lot area and frontage. and the dwelling upon it conforms as to all di~ensional requirements; hOWever, the '.cottage" is nonconforming as to side yard setback; being situated about one foot from the boundaTy line with the Locus. Meanwhile, the Locus is nonconformin9' with area and frontage requirements, as well as side yard setbacks on both its northwesterly and southeastorly boundaries, The owners of the Locus and the 64 and 66 Washington Street property have agreed, subject to approval by the Soard of Appeals in this case And in the companion case for 64 and 66 Waohington Street. Fila No. 053- 00, to relocate the boundary between these lots in order to render both lots conforming as to lot area and frontage, by conveying a strip of land containing the "Cottage" frOlll the 64 and 66 Washington Street property to be merged w1th the ~Cu&. Decause the dwelling upun the 64 And 66 washington Street, property is situated about 4.8 feet from the . cottage- at its closest point, it is not POSsible to accOlllplish thb lot line change without result.l.ng in d Qonconform1ng side yard setback in each lot along the new proposed boundary line; however, this setback nonconformity would be lea8 than that ~ existing along the present l:loundary. which i. about one foot on each aide anel cannot be reduced, the distance between the .cottage. anel the, dwelling upon the Loc:u. blting ODly about two feet. All of the.e atructu~. P~..exl.t-the adoption of the Nantucket Zoning By-law. 2 '\ ~ I i, I ........ ~ ..... .~ ........... . ' ~"".. ....---.....-. iOoI067OratI292 Under8Y-law I1U-)J .Al.). pre-exJ,stil19, nonconfonling lou may . be changed in .1ze. ahape, boundaries or frontage pur.uant to a Spec1al ,'permit ba.ed upon a f1nding that the change, will not be substantially lIlOre detrimental than the existing nonCOl\foJ:lllity, provided that no new nonconformity will be created and no 'existing nonconfOrMity will be increased. IThe'side y8zd .etback nonconformity upon the southeastcrly'boundary of the Locus will not be affected by the proposed change.) s. aased upon the applicant '8 presentation, the effect of the proposed lot line change will be to render the Locus conforming as to both lot area and frontage, while leaving the 64 and li6 Washington Street property conforming as to both. The existing side yard setback nonconformity 'along the boundary between the Locus and 64 and 66 Washington Street will be reduced. by increasing the setback from about one fOot to about 2.4 feet. The Board of Appeals made the requisite finding that the change would not be substantially more detrimental than the existing nonconformity" 'and that no new nonconfOr1llity would be created and no existing nonconformi~y would be lncreaced. 6. Accordingly, by UNANIMOUS vote, the Board of Appeals CRANTED the requested relief by SPECIAL PERMIT under By-law Sl~9- 33.AC8). to authorize the reconfigutation of tbe boundary between the Locus and the 64 and 66 Washington Street property in accordance with the .Proposed Property Line" as shown upon Exhibit A. subject to the follOWing conditions: a) There shall be nO,human habitation in the ~cottage. without further relief from the Board. bJ Reconfiguration substantial conformance Exhibit A. Dated: August '"2%, 2000 of the lot 11nes shall be in with the plan attacbed hereto as \,'J? ~ v..A to. . \Q11am P. Hrr~~ NP,'W~~r. /J ,X'1 ~t,'~ D. Ne a ent " ~at;'d S. T~,l;.::~.~,~": ',:" " , x.,<.;~~~~Z~: .' ,:tCD1lfY . M.FlU!DDt1lB0&lCIClt'B 1RI1lIlCISIOtC:tm'nfATMO Al'l'lALIIAS BEElC , ~~'T'-~1.AWS4M;seclDll FILED. l'URSU ',' . . " ", ' ~t1I~,~,,- ~~'~?~:~,~::.".... RECEIVED TOWN CLERK'S OFFICe NANTUCKET. MA 02554 - ' AUG 282000 TlME;'- ClERK:--l)& 3'.'2;.f t .'....".....--- --- -.-...-..--...-"--'--..---.--.., ... . . IoOw067OrAcl293 EXHIBIT A 'lUJNli tIASSlfICATlU: IN: _1/IIA;",S~~,'r.", IIII._,.!!Q,~,.., 11IOIIl_u:,l'l'~"., U,.u,:,Arr.. _ CMlI ca~ . '.0. ,., , IlUSDlC: s.rt: t"&.Uf 41, z: 3' '1. ... ." AL/oIA, Hll40GATr h T..~ r"". .' "::' ; I ~ ;~ .It'i ." i \ ,,'. -" 11 -lZ,I,'. IS rJlF ~\~ RICH~RD C, W'OL'C ' ~ LOT II ~,C, 10450'" ttt1: InUl 11~ 41:.4.5018"5,1: ' ~~ f 110" ~ \oJ \oJ ~ In ':t ~ ~ :z i UI ~ 113. ~.l-3.'" ~I" VICTORIA. v: "'Esa. TIC, ""'" lIOO.c Q f'G, ~5 , ouo _~, ~,no ARC". .JS4,...r:, c.c... CS7,. 'e:. ['f""""'''''1 I ~ . I (i4.1Z ,,, "5'. 41,%,'1- CO "Ir CJ.11. ~RI8T"'A.II KT~TS_" , llalQa[D Cllf'ICS Of IllS lHIIl. . ~ If K COlfWC ... 1lINlIII. I ~ S c: ~ z. ')> z:. -( C. r"\ 7'\. ", -l ~ x. _,eLl: 'I)II:T_ or .~. OlIrAIJU.l:C OI/Tf'Al.L ~I"C. PIPe A.'r4Ro.m.Y'~"A' ..,1;.1,1'>/ ~.wo COOI>nCTft TO DIU""",C W.TEM ~ WAS>I. liT, ~oz IS... ~-:> . - , " ~ 1;~~' , -< J f :1[ I~= ih~ 10; .l:~~.H!,:.~~. co ...,~~~ .~~~ . ,v:,c;~O,Il!'" :f.. ~',""e, . , , , , fJill rlO 'OTHERS, I \:tAl0. 10 lilt k~1 C1 !If il/lO'li'.toe(. ItW lit[ ~~~, ~~JO:~l:':roco:= =. II\.VBUI: 2~2lO-OO ,1\ , , . ,0, 11'111( rtDWL tMC/lCClltT IWtoICtMOO ~, urttlIIt Dill( Of IW'$: IoMC t 1'" NIO AS ~T U\'IS[O. IllS IN?CClIOll ""'" lIAS rtlLPlIMD /llII1IOIl'lXt PIIAI'OstS 00\7 AHO IS .01 10 IC CO:;S;:)".lI(D A rw. WSlRUUEI/I S\IlMT. !M f'W' SltG'J'.' ~' "::-. M r"IoJi'~i!1 ;~::!S. hCOC!~ ~:' I:Il ::.~ ....~.~ ~~:-.'.'C'I:RlS 0:1 frt! fP.!W:O:!S I~ PlIOPIRIY U.1S _. FoELl cr: CI*IlOIl O<<DS NIl; NoNS Of IILCOAD, '. IllS IIS1'tCllOH PINI IS NOt A CPlRoIllOH '" 10 lit[ 'W oa 0I/IlUSHr fI IlIt ~IY _ OlIOS 01 Allo/CllIIII; PllOHIlla ,. $IIOlIll ~ 10 CUUOIIIlllIll Of ~ A$SUSOlI Il(c.os. lIIS P\NI SHIll IIOf I( 1IStO /llII1III 0110 I'\IIlPOS( 0lltDI lIWl ~ ,"""nrt'l I~r "furn T;~..~t: .~~m ~~[ll~ ~~ ~, , ~a.~~'.'~ " WCWUo: S.~'~ SCAlE: 1'. %S' IlATE:.MA'I' 31. t?'l~.", , U"'$tIl' 5.:"~~'(', ,~" , Ownct: :/'~~~~~~~\{:~:::~~F~\ :,-":3tti: ,,"'F;~. ,', :'::5'.,'l!IoM.oJ[C':r"llto1'.... ",,' Otcd/Cm.: .~. ';~',." ~~;:;;-::'~A.'!:~,:" ';:~::. loa ..op:~1:2:.... !-.:r{;... LCX;U3i: ..,.....'.~.f~~. ~Ii"",',;':".','.,:'~"'-' ~I . ..,.. . .:~<r~....-,:~ .... ... BLACKVELL t iSSOC14TES..:j~~... ;:: ,"; :.,'; ~,'.::" J'n/=itIMl1.a4 ~ ';,r,:. :,~ ,. :':.'" 6 Young's ra.y ", ........;... Nt1lltuckr.t Uassachusetb 02554 End or llUtnunem 1:. ~ i'J 8 7'l ~ .. '" .. - I -,'--'~1'~-'--- , I 4t.1,DV Town of Nantucket I , RECEIVED BOARD OF ASSESSORS DEe 2 3 2004 TOWN OF NANTUCKET, MA ZONrNG BOARD OF APPEA!cl LIST or PA.RTtES IN INTEREST tNTHE MATTER OF THE PE1"ITION OF' P~OPE~TY OWNER".,,:61~, ~,~ ~?" "N.0r.I !,~.7.?:v:*,.,." MA) UNG ^ OqRESS... ~(9. .~.~!i~.~.,.. .~.~~t~~,k.~~n.... .~.~~~.~r., .~..9.~~~.~;,d.~, LLP PROPERTY LOCATION....." ,~,?.. ,Wtw> h.~f:m1.,.., $::,..."., ASSESSORS MA PIPA ReEL"..,,::f '~?:?'I ~', ~Q.J <,.."".'''.... .... PPLIC^NT" ,~~~,q~". .~':1,U~,<;:k~.~n" .~~,l,l~~~, ,t ~~~.f~.~~!...~~~..,.....,., _." SEE AITACH'ED PAGES I cenify that the: foregoing is . li:5t or pCl'$ons who Ire Owners or abutt\n& propeny, owners of ' 1111d direclly opPo$i:e on ll'l)' publie or private $l~~t Or Wly; Ind abutters of the abUlters &nd all olher land .owners withi" )00 f<<1 of the property Iinc of owner's property, alias they appear On Ire mOSI rC;tenl applicable tax list (M,O.L. c. 40A. 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