HomeMy WebLinkAbout081-05
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET,. MASSACHUSETTS 02554
Date:
JC\Y1UOVl 010 , 2000
To: Parties in Interest and Others concerned with the
- ]:5ecrslonof the BOARD OF APPEALS in the Application of the
following:
Owner/Applicant:
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Application No.:
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
com~laint and certified copy of the necision must be given
to the Town Clerk so as to be received within such TWENTY
( 20) days.
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 Y139-30I (SPECIAL PERMITS); g139-32I (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 42.3.3, Pcl. 130 (part)
2 Green Lane
Residential-Old Historic
Plan No. 05-06
Lot B
Deed, Book 977, Page 211
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, commencing on November 18, 2005 and continued to and
concluded upon Friday, December 9, 2005, at 1:00 P.M., in the
Conference Room, in the Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, the Board made the following
Decision on the Application of EDITH S. BOURIEZ, as Trustee of 2
GREEN LANE REALTY TRUST, c/o Reade, Gullicksen, Hanley & Gifford,
LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File
No. 081-05:
2. The Applicant seeks a MODIFICATION of the SPECIAL PERMIT
issued in Board of Appeals File No. 008-02, in order to reflect
the fact that the locus is now a separate lot from the land
situated at 9 Milk Street, in separate record ownership, and that
accordingly the dwelling upon the locus, which has been altered
and changed in use from a garage to a single-family dwelling
pursuant to the Special Permit issued in the Decision in BOA File
No. 008-02, is the only dwelling upon its present conforming lot
and is therefore no longer considered a secondary dwelling. The
lot at 9 Milk Street (Plan 05-06, Lot A) contains a separate
conforming single-family dwelling on a conforming lot, with its
own access driveway from Milk Street and does not require any
zoning relief. Driveway access for the locus is now obtained from
its legal frontage on Green Lane. The only zoning nonconformity
of the locus is that the dwelling structure is sited within the
required five-foot setback area from the northeasterly side yard
lot line. Furthermore, the Applicant requests that the condition
relating to parking spaces and access being solely from Milk
Street and not from Green Lane be stricken as no longer
applicable, and to make the Decision in File No. 008-02
particular to the locus, and not the remaining property at 9 Milk
Street. The locus is situated at 2 GREEN LANE, Assessor's Map
42.3.3, Parcel 130 (part), is shown upon a plan recorded with
Nantucket Registry of Deeds as Plan 05-06 as Lot B, and is
situated in a Residential-Old Historic zoning district.
3. Our Decision is based upon the Application and
accompanying materials, and representations and testimony
received at our public hearing. The Planning Board made no
recommendation, on the basis that no matter of planning concern
was presented. Several neighbors with property fronting upon
Green Lane opposed the Application, in person, by correspondence,
and through legal representation at the public hearing, and
expressed concern about the property using Green Lane as for its
access.
4. The Applicant, through counsel, stated that the present
Application was the third that has gone before the Board of
Appeals regarding the locus (and previously, the remaining
portion of the land of which the locus was originally a part
shown as 9 Milk Street). In the Decision in BOA File No. 008-02,
the owner of the land, represented by former counsel, obtained a
Special Permit for the conversion of the existing garage
structure upon the locus for use as a secondary dwelling, which
required relief because the garage was a pre-existing,
nonconforming structure situated partially wi thin the required
five-foot northeasterly side yard setback area. As an alteration
to the conditions upon the then-existing lot, the provision of an
additional parking space was required, with no more than one
driveway entrance upon the entire lot allowed under the Zoning
By-law. After discussion with counsel, the Board of Appeals
included as condition 6.d in said Decision that ~two conforming
parking spaces, accessed by Milk Street, shall be provided that
would not require backing out onto Milk Street". The Applicant
represents that she had never discussed the issue with her then-
counsel, and that he was not authorized to agree to that
condition. Specifically, the Applicant states that the placement
of two such parking spaces within the original property would
result in despoliation of the garden area lying to the west of
the main dwelling, and would have been completely unacceptable to
her. The main dwelling at 9 Milk Street is served by a pre-
existing, nonconforming parking space situated to the east of the
dwelling, requiring backing into Milk Street. Meanwhile, however,
a building permit was issued for the conversion of the garage,
based upon the Decision in BOA File No. 008-02 and Planning
Board approval of a secondary dwelling showing a two-space
parking area accessed from Milk Street and not requiring backing
into Milk Street, within the garden area, and the construction
and conversion thereunder proceeded to completion.
5. Applicant represented that subsequently, the Applicant
appeared before the Planning Board for modification of that
Board's secondary dwelling approval to show two parking spaces
accessed from Green Lane and not from Milk Street, and this was
approved by the Planning Board. The Planning Board considered,
as stated by the Planning Director at the public hearing on
December 9, 2005, that access from Green Lane was preferable to
access from Milk Street, because Green Lane is lightly traveled
and Milk Street has a much higher volume of traffic with the
original driveway access located on a point in the road where
there was a sharp curve, reducing visibility for vehicles backing
out and those traveling in the congested area. Both Milk Street
and Green Lane are public ways. Based upon such approval from
the Planning Board, the Applicant also applied to the Board of
Appeals for a modification of the Decision in BOA File No. 008-
02, to allow for the placement of two conforming parking spaces
accessed from Green Lane, as approved by the Planning Board; this
2
Application was considered by the Board of Appeals in BOA File
No. 084-02. By a vote of three members in favor and two opposed,
that request for modification failed to achieve the required
supermajority of four votes for this modification and thus relief
was therefore denied. As a result, the Applicant appealed from
the action of the Board of Appeals in the Decision in BOA File
No. 084-02; this appeal is now pending in Land Court.
6. Thereafter, Applicant stated that in an effort to
resolve some of the issues in this complex matter, the Applicant
subdivided the original tract into Lot A, containing the original
dwelling at 9 Milk Street, and Lot B, the present locus
containing the former garage, now converted to a dwelling and
known as 2 Green Lane. Both lots are dimensionally conforming to
all applicable requirements of the Zoning By-law, having a lot
area in excess of the minimum required in the ROH zoning district
of 5,000 square feet and frontage in excess of the minimum
required of 50 feet on Milk Street; Lot B also has frontage of
about 37.49 feet on Green Lane. In this configuration, the
dwelling at 9 Milk Street is entitled to continue to rely upon
its pre-existing, nonconforming parking space east of the
dwelling, and the dwelling at 2 Green Lane is entitled to have a
separately-accessed parking space. The Applicant has elected to
place this parking space with access from Green Lane, in which
the Applicant has legal rights. The only zoning nonconformity of
the locus is the fact that the dwelling thereon continues to lie
partly within the side yard setback area, which in turn was the
only reason why Board of Appeals relief was required for the
original conversion of the garage for use as a dwelling.
Therefore, the Applicant has brought the present Application for
a modification of the original Decision in BOA File No. 008-02,
by removing the condition that a two-space parking area served by
a single driveway be provided, as inapplicable since each lot is
now entitled to have a separate driveway entrance, by removing
any requirement that the single space now required for the
dwelling upon the locus be accessed from Milk Street, and by
removing the present 9 Milk Street property (Lot A) from the
applicability of said Decision.
7. Abutters to Green Lane appeared at the public hearing,
strenuously objecting to any vehicular access from Green Lane to
the locus, notwithstanding the facts that Green Lane is a public
way and that the locus directly abuts it. While sensi ti ve to
these concerns, the Board of Appeals also considered the
strongly-stated desire of the Applicant to preserve the garden
portion of the locus, abutting Milk Street and to the west of the
dwelling at 9 Milk Street, as a cherished green space in a
heavily-settled portion of the Town's Old Historic District.
Upon discussion with the Board, the Applicant offered to agree to
a condition of the relief which would prohibit construction of
any structure in that portion of the locus, and further would
prohibit construction of a secondary dwelling upon the locus, in
each instance without further relief from the Board of Appeals.
3
8. Accordingly, by a vote of four members (O'Mara, Sevrens,
Loftin and Koseatac) in favor and one (Wiley) opposed, the Board
of Appeals made the finding that the modification of the Decision
in BOA File No.008-02 to remove Lot A (the property at 9 Milk
Street) from its applicability and to permit the single-family
dwelling upon the locus to be served by a parking space accessed
from Green not be substantially more detrimental to the
neighborhood than the existing nonconformity of the dwelling upon
the locus, and by the same vote of four members in favor and one
opposed, GRANTED the MODIFICATION of the existing SPECIAL PERMIT
in File No. 008-02, accordingly. The Board was not persuaded by
Green Lane area residents that the provision of one parking space
on the little traveled Green Lane would be substantially more
detrimental to the neighborhood and did agree with the Planning
Board and find that provision of another driveway that would be
si ted on the curve on heavily traveled Milk Street would be
contrary to sound traffic and safety considerations.
9. The relief hereby granted is subj ect to the following
conditions:
(a) There shall be no secondary dwelling upon the
locus (Lot B) without further relief from the Board of Appeals;
(b) No buildings or other structures (except fences or
retaining walls) shall be constructed wi thin the portion of the
locus shown as ~Restricted Area" upon the ~Plot Plan" by
Nantucket Surveyors, Inc., dated January 9, 2006, a reduced copy
of which is attached hereto as Exhibit A;
(c) The dwelling upon the locus shall be sited as
shown upon the Exhibit A plan, and any alterations thereto shall
require further relief from the Board of Appeals; and
Ov...ty
(d) ^ One parking space shall be provided to serve the
dwelling upon the locus, which shall be acces ed from Green Lane,
as shown upon the Exhibit A plan.
(J
Dated: January ;V , 2006
~~J JA .~ !~V\t7M-
, Nancy J. sfvi' ns
4
42,3,3-165
N/F
THE NAN1UCKET
MARIA MITCHELL
ASSOCIATION
PLOT PLAN
TO ACCOMPANY
BOARD OF APPEALS DECISION
IN
NANTUCKE~ MASSACHUSETTS
SCALE: 1"=20' DATE: JAN. 9, 2006
DEED REFERENCE: DD.BK.977 PG.211
PLAN REFERENCE: PLNO. 05-06
ASSESSOR'S REFERENCE:
MAP: 42.3.3 PARCEL: 130(PORTlON OF)
PREPARED FOR:
EDITH S. BOURIEZ, TR.
NANTUCKET SURVEYORS LLC
5 WINDY WAY
NANTUCKET, MA. 02554
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42,3,3-84
N/F
ED'MN V & JO ANN
ZSCHZAU, lRS.
ZONING CLASSIFICATION
DISTRICT: ROH
MINIMUM LOT SIZE = 5,000 Sq. Ft.
MINIMUM FRONTAGE = 50 Ft.
FRONT YARD SETBACK = NONE
REAR & SIDE UNE SETBACK = 5 Ft.
MAX. GROUND COVER RATIO = 50%
FOR PROPERTY UNE DElERMINA TlON THIS PLOT PLAN
REUES ON CURRENT DEEDS AND PLANS OF RECORD,
'.mIFlED BY FIELD MEASUREMENTS AS SHO~ HEREON,
o DENOTES IRON PIPE FOUND
. DENOTES REBAR 'MTH CAP FOUND
EI DENOTES DRllLHOLE IN CONCRETE BOUND FOUND
N-9081
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, NOVEMBER 4, 2005, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
EDITH S. BOURIEZ AS TRUSTEE OF 2 GREEN LANE REAL TV TRUST
BOARD OF APPEALS FILE NO. 081-05
Applicant is seeking a MODIFICATION of the SPECIAL PERMIT issued in the
Decision in BOA File No. 008-02, which allowed a pre-existing nonconforming ancillary
structure sited within the required setback to be converted into a secondary dwelling at
the time. Applicant is asking the Board to amend said Decision to reflect the fact that the
locus is now a separate lot, in separate record ownership, from the remainder of the
property at 9 Milk Street. The lot at 9 Milk Street contains a separate conforming single-
family dwelling on a conforming lot with its own access driveway from Milk Street. The
cottage on the subject lot is the only dwelling on the lot and is therefore no longer a
secondary dwelling. Driveway access is now obtained from the frontage of the locus on
Green Lane. The subject lot is conforming in all respects to the zoning requirements, with
the cottage sited within the required northeasterly side yard setback area. In addition,
Applicant asks that the condition relating to parking spaces and access solely from Milk
Street be stricken as no longer applicable and to make the Decision in BOA File No. 008-
02 particular to this Green Lane lot, and not the remaining property at 9 Milk Street.
The Premises is located at 2 GREEN LANE, Assessor's Map 42.3.3,J>_().fceI130 _~_______
(part);Phui05~6, Lot 13. Theproperty i7J' ed Residen. tial-O!d-Historic.
. )~ (\ ," Co \
0/\~ )C~
Dale Waine, Chairman '-.-/
THIS NOTICE IS A V AILABLE 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, MASSACHUSETTS 02554
CASE NO.~ -05
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s):
Mailing address:
Applicant's name(s):
Mailing address:
Locus address:
Edith S. Bouriez, as Trustee of 2 Green Lane Realty Trust
c/o Reade, Gullicksen, Hanley & Gifford, LLP
Same
6 Youn2's Way, Post Office Box 2669, Nantucket, Massachusetts 02584
2 Green Lane Assessor's Map/Parcel: 42.3.3-130 (part)
Plan No.: 05-06 Lot No.: -.lL Date lot acquired: 9/15/05 Deed Ref 977-211 Zoning District: ROH
Uses on Lot - Commercial: None -L Y es (describe)
Residential: Number of dwellings~ Duplex_ Apartments _Rental Rooms
Building Date(s): All pre-date 7/72? x or C of O(s)? No
Building Permit Nos:_316-02, 274-01, 228-00, 1015-99, 8169-91
Previous Zoning Board Application Nos.:
008-02; 084-02
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:
See attached addendum.
I certify that the information cont 'ned herein is substantially complete and true to the best of my
knowledge, unde the pains and alties of perjury.
Applicant Attorney/Agent x
proof of agency to bring this m r before the Board)
FO 0 FICE USE
Application received on:/Jl/.f1j) By: / ~ Complete: Need copies?:
Filed with Town Clerk:I()/tt-P>~lannlD~oard: I "" f BuildiBg Dept. / / B~Q,(iJ
Fee deposited with Town Treasnrer: IOIMSiy:7"imaiver reqnested?: Granted: 1----1_
Hearing notice posted with Town Clerk: I D f1J~/0/tr; ~M:! Cj?t2P~ 10/ '2 ?~
Hearing(s) held on:_/_/_ Opened on:~_/_ Continued to:~~_ Withdrawn?:~_/_
DECISION DUE BY:~~_ Made:~_/_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_
DECISION APPEALED?:_/_/_ SUPERIOR COURT: LAND COURT Form 4/03/03
ADDENDUM TO APPLICATION OF EDITH S. BOURIEZ, TRUSTEE
The applicant seeks a Modification of the Special Permit
issued in Board of Appeals File No. 008-02, in order to reflect
the fact that the locus is now a separate lot, in separate
record ownership, from the remainder of the former 9 Milk Street
property, and that accordingly the dwelling upon the locus,
which has been altered and changed in use from a garage to a
single-family dwelling pursuant to the Special Permit issued in
File 008-02, is the only dwelling upon its present lot and is
therefore no longer a secondary dwelling. Driveway access is
now obtained from the frontage of the locus on Green Lane. Both
the locus and the remaining 9 Milk Street property are
conforming lots, with the only dimensional nonconformity of the
dwellings on either lot being the pre-existing northeasterly
side or rear setback of the dwelling upon the locus.
Accordingly, the applicant requests that the condition
relating to parking spaces which was contained in the decision
of the Board of Appeals in File No. 008-02 be eliminated as no
longer applicable, and to make the decision in BOA File No. 008-
02 particular to this Green Lane lot, and not the remaining
property at 9 Milk Street.
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ZONrNG BOARD OF A~PEAY
RECEIVED
BOARD OF ASSESSORS
OCT 1 1 2005
TOWN OF
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