HomeMy WebLinkAbout013-03
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: IYIOY'cCt /2- ' 2003
To: Parties in Interest and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
fol,lowing:
Owner/Applicant:
LJ/3--03
/'n ('cho..e( t-
,
('0) hen
Applica tion 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
complaint and certified copy of the Decision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
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0j ,P!fJ.reY'S" 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); ~139-32I (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 77
Parcel 74
LUG-3
35 Wigwam Road
LC Plan 5004-50, Lot 826
Certificate of Title No. 18,855
At a Public Hearing ofthe Nantucket Zoning Board of Appeals held at 1 :00 P.M., Friday,
February 14,2003, in the Conference Room, Town Annex Building, 37 Washington Street,
Nantucket, Massachusetts, on the Application of MICHAEL L. COHEN of 35 Wigwam Road,
Nantucket, MA 02554, Board of Appeals File No. 013-03, the Board made the following
Decision:
1. Applicant is seeking relief by VARIANCE under Nantucket Zoning By-law
Section 139-16A (Intensity Regulations - ground cover). Applicant improved the locus with a
single-family dwelling having an as-built ground cover of about 1,525 square feet in a zoning
district that allows a maximum ground cover for this undersized lot of 1,500 square feet or 3%,
which is greater. For this, about 50,500 square foot lot, the maximum ground cover would be
about 1,515 square feet in a district that requires a minimum lot size of 120,000 square feet. The
foundation measurement meets the maximum ground cover allowance. The locus is conforming
in all other respects.
The Premises is located at 35 WIGWAM ROAD, Assessor's Map 77, Parcel 74, Land
Court Plan 5004-50, Lot 826. The property is zoned Limited-Use-General-3.
2. The Decision is based upon the Application and materials submitted with it and
testimony and evidence presented at the Public Hearing. The Planning Board made no
recommendation in the matter as the Application presented no issues of was planning concern.
There were no letters on file and no abutters in attendance at the Public Hearing expressing
support or opposition to the Application. Applicant's designer was present at the hearing to
clarify issues for the Board.
3. The Applicant, through counsel, represented that the Applicant has owned the
property for approximately four years and that over the course of the last about two years had
contracted with a local design firm to design and oversee the construction of a new single-family
dwelling upon the Locus. Applicant's attorney stated that at all times the Applicant and the
designer were mindful of the ground cover limitations and that Applicant had hired a local
professional licensed land surveyor to monitor both the size of the structure as well as the
location of the dwelling. Ground cover on the Lot is limited to a maximum of 3% of the lot area
or 1,500 square feet, whichever is the greater ofthe two. In this case, the lot area of the Locus is
comprised of 50,500::1: square feet and has a total ground cover of 1,525::1: square feet, 10::1: feet in
excess of the allowable 1,515::1: square feet of ground cover for this subminimum lot.
Applicant's attorney presented the Board with calculations for the Cohen residence
provided by the architectural firm that designed the house. The calculations showed that the
footprint of the foundation/frame of the house was 1,494 :l: square feet, which when translated
I
into a running distance equals a perimeter calculation of the foundation of 216::1: feet. The
calculations provided by the Applicant's designer stated that the 10::1: square feet over the total
allowable ground cover of 1,515::1: square feet is a result of a perimeter build out in excess of 0.55
inches. In other words, were the building constructed in a way that reduced its sidewall shingles
and comer boards by approximately one-half of an inch around its perimeter, it would have been
built in compliance with the allowable ground cover for an undersized lot in the zoning district.
Further, Applicant's counsel represented that they had originally designed the structure to have a
ground cover 21::1: square feet below the maximum allowed. The structure met all setback
requirements. The Applicant had built to the plan submitted with the Building Permit
application.
4. Based upon the foregoing, the Board finds that the ground cover excess is de
minimus and a grant of relief would result in little impact upon the neighborhood and that owing
to circumstances relating to the shape and topography of the structure upon the Premises and
especially affecting such structure, but not affecting generally the Zoning District in which it is
located, that a literal enforcement of the provisions of the Zoning By-law would involve a
substantial financial hardship to the Applicant in removing one inch of his sidewalls around the
perimeter of his dwelling and that the desired relief may be granted without substantial detriment
to the public good and without nullifying or substantially derogating from the intent or purpose
of such By-law.
5. Accordingly, by a vote of four in favor (O'Mara, Toole, Sanford, Wiley) and one
opposed (Sevrens), the Board GRANTS the requested VARIANCE under Nantucket Zoning By-
law Section 139-16A with the following condition:
(a) The Premises shall be limited to a single storage shed, should the Applicant or his
successors in interest wish to build one that has a ground cover of no greater than
100 square feet; and
(b) The ground cover is as shown upon the "Plot Plan" done by Charles W. Hart,
dated January 8, 2003, a reduced copy of which is attached hereto as Exhibit A.
Dated: March J2; 2003
",\ (1. 1\--" C)..~ ~u fJyt \v\-______
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Nancy Sevrens
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A PUBLIC HEARING OF THE NANTUCKET ZONING BOARD OF
APPEALS WILL BE HELD AT 1:00 P.M., FRIDAY, FEBRUARY 14, 2003, IN
THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON
STREET, NANTUCKET, MASSACHUSETTS, ON THE APPLICATIONS OF
THE FOLLOWING:
MICHAEL L. COHEN
BOARD OF APPEALS FILE NO. 013-03
Applicant is seeking relief by V ARlANCE under Nantucket Zoning By-law
Section 139-16A (Intensity Regulations - ground cover). Applicant improved the Locus
with a single-family dwelling having an as-built ground cover of about 1,525 square feet
in a zoning district that allows a maximum ground cover for this undersized lot of 1,500
square feet or 3%, whichever is greater. For this about 50,500 square-foot lot, the
maximum ground cover would be about 1,515 square feet, in a district that requires a
minimum lot size of 120,000 square feet. The foundation measurement meets the
maximum ground cover allowance. The Locus is conforming in all other respects.
The Premises is located at 35 WIGWAM ROAD, Assessor's Map 77, Parcel 74,
Land Court Plan 5004-50, Lot 826. The property is zoned Limited-Use-General-3.
THIS NOTICE IS A V AILABLE IN LARGE P T OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
A!\OJ\~
BoA',Form 1:-89
N.~TUCKET ZONING BOARD OF APPEALB
TOWN AND COUNTY BUILDING,
'NANTUCKET, HA 02554
CASE
, Date
Nod/3-03
APPLICATION FOR RELIEF
~
Owner I S name (:;) : Michael L. Cohen '
Mailing address: 330 E. 38th Street, ffl9, N'ew York, NY 10010
Applicant I s name: Same
M~ilingaddress: c/o Vaughan, Dale and Hunter, P.O. Box 659, Nantucket, MA 02554
Location of l~t: Assessor's map and parcel number
77 _ 74
street address:
35 Wigwam Road
Registry Land ct Plan, Plan Bk u Pg or Plan File 5004-50 Lot~
Date lot acquired: QV ...!2I1999 Deed Ref _'_ zoning district LU()->-3
Uses on lot - commercial: None x or
_ number' of: ~~el~i~~s-1- ~uPlex~ apartments~,rental
Building date(S): all pre-8/72? No or C
Building Permit appl ',n. Nos.
Case Nos. all BoA applications, lawsuits:
state fully all zonin~ relief sought and respective' Code sections
and subsections, speclfically what you propose compared to present
and what grounds ~ou urge for BoA to make each finding per section
139-32A ~ if Varlance, 139-30A _ if a Special Permit ,0~p~ l39-33A
if to alter or"'ext'end 'il nonconforming use) .' If appeal per 139-32A
~B __ , attach decision or order appealed. OK to attach addendum. I~tt
Applicant is seeking relief by variance pur~uant to Nantucket Zoning Bylaw Section 139-~
Applicant has improved the Premises (35 Wigwam Road) with a single family dwelling having
an as-built ground cover of 1525! square feet in a zoning district that allows ground
cover of no' more than 1515! square feet to be 'constructed uport this"undersized
pre-existing non-conforming lot. This relief may be granted without subs~antial detri~ent
to the public good and otherwise would involve substantial hardship to the Applicant.
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rooms_
of 07 No
Items enclosed ~s part of this Application: order1 addendum2
Locus map~ Slte plan~ showing present X +planned ~structures
F~oo~ plans present_ proposed_ elevatIOns ___ (HDC.a~proved? )
Llstlngs lot ~r~a frontage setbacks GCR parklng data-
Assessor-certlflea-addressee IlSt 4 sets_ mailIng labe19 2,setSlC
1200 fee payable,..to...To_wn ..of Nantucket.:JL. proof=!.. . I cap I c6V'enant -
(If an appea , ,:sk Town Clerk t,?..~,e::d,131dg Comr1s r~<:;()J:?- to BoAT
I certify that the re sted ~nformation submitted is substantially
~~~ii~I~sa~~ ; u~~~~, best ()f ~y kn?~1.~qg7' under th~, p.a.fn~ and
SIGNATURE:
William . H nter
3(If not owner or ow cr's
Applicant ___ Attqrneyjagent
attorney, enclose proof of authority)
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$200 fee check glven' Town Treasurer on~1 I~ c)~ . d?
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Heart~g notice postedLJ~ailed-.U3 . r & Mj;~Cf? ~(2i3
Hearing(s) on~--.l__ conttd to / 1_, I I '
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Town of Nantucket
RECeiVED'
80ARD OF ASSESSORS
JAN"O 7 2003
TOWN OF-
NANTUCKET, MA
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MA TIER OF THE PETITION OF
PROPERTY O~ER",.. OO.C~ .h.~.n....,.....oo....... ............,................
MAILING ADDRESS,.. ... ....., ..... ....... ..,...... ,.........., ...... .,. ...... ...... .....
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APPLICANT............". ...cb.kf.. .\.1.\&. .l?~ k .Coo...... ,...........,........
SEE ATIACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting property. owners of
land directl~ opposite on any public or private street or way; and abutters 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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We, Russell W. Iuliano and Mary A. Iuliano, 191 Chapman Street, Watertown,
MA 02172 for consideration paid in the amount of Three Hundred Ten Thousand
and No/100 ($310,000.00) Dollars
GRANT to
Michael L Cohen, 330 East 38th Street, #19E, New York, NY 10016
with QUITCLAIM COVENANTS, that certain parcel of vacant land, located
in Nantucket Town and County, Commonwealth of Massachusetts, known
and numbered as 35 Wigwam Road, bounded and described as follows:
Being Lot 826 as shown upon plan numbered 5004-50, drawn by
Schofield Brother, Inc., Surveyors, dated December 15, 1972, and filed
with Certificate of Title No. 9613 at the Registry District of Nantucket
County.
Said land is conveyed subject to the following matters:
(a) Declaration of Conditions and Restrictions dated July 2, 1981 and
registered as Document No. 24134 at the Nantucket Registry
District for the Land Court,
(b) Road Maintenance and Endowment Agreement dated April 29,
1993 and registered as Document No. 61683 at said Registry
District.
(c)
Declaration of Trust dated April 29, 1993 and registered as
Document No, 61684 at said Registry District.
(d)
Deed Restrictions running in favor of Russell Management, Inc,
that: 1. No dwelling shall be constructed with a footprint of less
than 40' x 30' and no structure shall exceed 30' in height; and 2,
The placement of any structures on said lot shall be within the
building envelope as set forth on Exhibit A attached hereto, and
shall be subject to the approval of Russell Management, Inc,. An
engineer/surveyor certified plot plan showing the proposed location
of the structure shall be submitted to Russell Management, Inc,
prior to construction and an engineer/surveyor certified plot plan
showing the actual location of the structure as constructed shall be
submitted to Russell Management.
'-.___. -_'-: _.'-t"
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(e) Real Estate Taxes assessed by the Town of Nantucket for Fiscal
Year 1999.
For title see Certificate of Title No, 10, 114.
WITNESS.our hands and seals, this ;qrr day of March, 1999.
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Ma~lu~~~~A"/_/O.. 0
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I ;fussell w. lulia
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COMMONWEALTH OF MASSACHUSETTS
Middlesex,ss
March l..!L, 1999
Then personally appeared the above-named Russell W. Iuliano and Mary A.
Iuliano and acknowledged the foregoing instrument to be their free act and
deed, before me,
(~ ~~~
Notary Public
My Commission expires: /.:J-I?-./ /6 /
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(FORM 290
)
CERTIFICATE OF MUNICIPAL LIENS
THE COMMONWEALTH OF MASSACHUSETTS
Nantucket
NAME OF CITY OR TOWN
lan, Dale & Hunter
159
lcket, HA 02554
N~
OFFICE OF THE COLLECTOR OF TAXEt, n ~~
C . \ ,I I ,- I '(
" \.,\. .',: ' I
. 'Warch..' 5 1 i
- -,
99
1 1
I certify from available information that all taxes, assessments and charges now payable that
:ute liens as of the date of this certificate on the parcel of real estate specified in your application
~d on March 5 99 are listed below.
DESCRIPTIO;-'; OF PROPERTY
,ED OWNER: Iuliano Russell W & Harv A
10:'-1 OF PROPERTY: 35 Wigwam Rd
L IDENTIFICATION: 0077-0074. lot 826 PL 5004-50 LC cert 10114
\.REA: 1.16 acres
,nON: $127.800 land
1997 1998 1999
paid $543.90 paid $745.07
1,2&3rd Qrt 'DElid
X
,
;/SPECIAL ASSESSMENTS
Received & Entered .n
... l'. h j4Ljl.j ,TIme: J 1.. -
,teres! Ne,mucket Reglst~ . District
IS UPcument No. : '-f '-( ? '6
y!)rT or 1Itle No. 0)'1'-1
Joanne L. Kalley
ASSistant He<:order
Ilerest
larges
5
iieres!
iarges
~D
~xemplions
:,Pees
~
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I\. ner diem
-
BALANCE DUE - 0- - 0- $236.56 due 5/3/99
Ry TAXES generally represent no more than 500/0 of prior year's la,'. to be added,
ETTERMENTS/SPECIAL ASSESSMENTS NOT YET ADDED TO TAX: Inlaesl from
~IENTS VOTED FOR WHICH THERE WILL PROBABL Y BE BETTERMENTS/SPECIAL ASSESS\IE:\TS:
TILlTY CHARGES:
PAID CHARGES:
\0. '- C~
'ropeny is in ta.x title, Contact the Tn:asurer for outstanding amounts, . ',/, !~
, ;"
I' If j! ':
,'the amounts listed above are to be paid to the Collector, \ \ ') I.. 1.1
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"no knowledge of any other outstanding amount that constitutes a Ii~n,
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CUllEcrUR OF TAXES
t: THIS FORM APPROVED BY THE COMMISSIONER OF REVENUE
IAAREN ,... -< .
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