HomeMy WebLinkAbout078-03
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: 't>...e~~r if ' 2003
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
o 7 'C"~O\3
Owner/Applicant: JO-lJYl,.eg -r RCilf\n-eYI'l(usree t'1-F
-{-he. C'f\o.r(1:5. N-uf(rro.fl Trust- I POt- :t:'tSe( p Os
OC0l'~r or& W 1>.f' [^("Jrn.{/\ It. L~nch 1 ('on'tr"OC-r rp{)rc0.0.Str'
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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Planning Board
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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); fi139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
Nantucket, Massachusetts 02554
Assessor's Map 55.4.1
Parcel 54
Residential-1
54 Prospect Street
Deed Book 422, Page 193
At a public hearing of the Nantucket Zoning Board of Appeals, held on Friday,
November 14, 2003 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 JAMES T. RANNEY, TRUSTEE OF THE MARY 1. HUFFMAN TRUST, FOR
ITSELF, c/o James T. Ranney, PO Box 675, Nantucket, MA 02554, and for DEBORAH A.
LYNCH, CONTRACT PURCHASER, of200 East End Avenue, Apartment 1O-J, New York,
NY 10128, on Board of Appeals File No. 078-03:
1. Applicant seeks relief by SPECIAL PERMIT under Nantucket Zoning By-law
Section 139-33A(8). Applicant proposes to change the common lot line between two lots in
order to cure the setback intrusion of the single-family dwelling on the Locus. The immediately
abutting lot to the north is conforming in all respects and would continue to be conforming after
the transfer of about 269 square feet of property to the Locus in order to provide an about 5.5
foot northerly side yard setback, as the structure is currently situated over the common lot line
into the abutting property in a district that requires a minimum side yard setback of five feet.
The nonconforming lot size of the about 2,409 square-foot Locus would be made less
nonconforming as the area would increase to about 2,678 square feet, in a district that requires a
minimum lot size of 5,000 square feet. The northerly abutting lot, containing a single-family
dwelling, is shown as 48 York Street, Assessor's Map 55.4.1, Parcel 55. In addition to the
aforementioned side yard setback intrusion and subminimum lot size, the Locus is
nonconforming as to front yard setback with the structure being sited as close as about 0.9 feet to
the lot line along Prospect Street in a district that requires a minimum front yard setback of ten
feet. The Locus is conforming as to ground cover and frontage requirements.
The Premises is located at 54 PROSPECT STREET, Assessor's Map 55.4.1,
Parcel 54, Deed Book 422, Page 193. The property is zoned Residential-I.
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 this matter as the matter was not of planning concern. One abutter attended
the Public Hearing and spoke in support of the Application.
3. Applicant, through counsel, represented that the Application before the Board is a
request allowing a change to the bounds, shape, frontage and size of a nonconforming lot.
Applicant's attorney stated that the lot was conveyed out of common ownership with the lot to
the north by deed in 1955 without the benefit of a plan or subdivision approval. Applicant's
attorney stated that Locus is comprised of the remainderlbalance of a larger lot, the initial
conveyance of which occurred in 1948. In 1955, approximately 45 days after the adoption of the
Subdivision Control Law on Nantucket, the remainder Locus was deeded to one of the
Applicants' predecessors in interest. That Applicant now wishes to sell the Locus to the Contract
Purchaser (Lynch). A survey done pursuant to the sales contract revealed that the northerly
property line of the Locus runs through a portion of the dwelling currently improving the
property. Applicant's attorney presented an Affidavit to the Board stating that the dwelling
situated on the Locus, as well as the dwelling on the abutting northerly property conveyed by
deed in 1948, have existed in their present locations and configurations at all times since a time
prior to July, 1972, the date of the adoption of the Zoning By-law on Nantucket.
Applicant's attorney stated that with the proposed reconfiguration, the Lot would become
less nonconforming due to the increase in lot size from 2,409:l: square feet to 2,678:!: square feet
of area and correction of the side line setback with the increase from 0 feet to 5.5:!: feet. The
Locus currently does not provide off-street parking and none would be provided on site as a
result of the lot line alteration. The frontage would increase from about 50 feet to 51. 73:!: square
feet and the front yard setback of the dwelling would remain the same at 0.9:l: feet at its closest
point. The Locus would remain conforming as to ground cover ratio, with the Lot currently
containing 19% in a zoning district that allows a maximum ground cover ratio of30% for lots
having an area less than 5000 square feet.
4. Therefore, based upon the foregoing, the Board finds that the proposed change
allowing the reconfiguration of the Locus by altering the common lot line between the Locus and
the lot immediately adjacent to the north, to correct the northerly side yard setback violation of
the single-family dwelling improving the Lot, and which would also decrease the nonconforming
lot size, would not be substantially more detrimental to the neighborhood than the existing
nonconformities. In fact, it would be a benefit to the neighborhood by decreasing the
nonconforming nature of the Locus as proposed. The Board further finds that no new
nonconformities would be created and no existing nonconformities, particularly as to parking
and front yard setback, would be increased.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested
SPECIAL PERMIT relief under Nantucket Zoning By-law Section 139-33A(8) upon the
condition that the reconfiguration of the Locus is done in substantial conformance with the "Plan
of Land", done by Charles W. Hart, dated October 21,2003, a reduced copy of which is annexed
hereto as Exhibit A.
December ~ , 2003
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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, NOVEMBER 14, 2003, IN THE CONFERENCE
ROOM, TOWN ANNEX BUll..DING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
JAMES T. RANNEY, TRUSTEE OF THE MARY J. HUFFMAN TRUST, FOR
ITSELF AND FOR DEBORAH A. LYNCH, CONTRACT PURCHASER
BOARD OF APPEALS FILE NO. 078-03
Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A(8). Applicant proposes to change the common lot line between two
lots in order to cure the setback intrusion of the single-family dwelling on the Locus. The
immediately abutting lot to the north is conforming in all respects and would continue to
be conforming after the transfer of about 269 square feet of property to the Locus in order
to provide an about 5.5 foot northerly side yard setback, as the structure is currently
situated over the common lot line into the abutting property in a district that requires a
minimum side yard setback of five feet. The nonconforming lot size of the about 2,409
square-foot Locus would be made less nonconforming as the area would increase to
about 2,678 square feet, in a district that requires a minimum lot size of 5,000 square feet.
The northerly abutting lot, containing a single-family dwelling, is shown as 48 York
Street, Assessor's Map 55.4.1, Parcel 55. In addition to the aforementioned side yard
setback intrusion and subminimum lot size, the Locus is nonconforming as to front yard
setback with the structure being sited as close as about 0.9 feet in a district that requires a
minimum front yard setback of ten feet.
The Locus is conforming as to ground cover and frontage requirements. The
Premises is located at 54 PROSPECT STREET, Assessor's Map 55.4.1, Parcel 54, Deed
Book 422, Page 193. The property is zoned Residential-I.
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THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
AL TERNA TIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
CASE NO.O ~- 03
FEE: $300.00
Owner's name(s):
Mailing address:
Applicant's name(s):
Mailing address:
Locus address:
James T. Ranney. Trustee of the Mary J. Huffman Trust
c/b tk~ Law offices of Keith M. Yankow
Deborah A. Lynch
200 East End Avenue, Apartment 10-J, NY, NY 10128
54 Prospect Street
Ass~ssor's Map/Parcel: 5541-54
Land Court Plan/Plan Book & Page/Plan File No.: Lot No,:
Datelotacquired:~_/~DeedRef.lCert.ofTitle: Book 422, Page 193ZoningDistrict: ~J
Uses on Lot- Commercial: None_ Yes (describe)
Residential: Number of dwellings_Duplex_Apartments
Rental Rooms
Building Date(s): All pre-date 7/72? x or
B .1d' P , N N/A
Ul mg ermIt os:
C of O(s)?
N/A
Previous Zoning Board Application Nos.:
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 ADDENDUM ATTACHED
knowledge, under t
SIGNATURE: Applicant Attorney/Agent 1./
(If not owner or s att ney, please enclose proof of agency to bring this matter before the Board)
FOR ZBA 'PFFICE USE
Application received on:/OIZQ./.!Z1. By: tdZ -iJ J Complete: Need copies?:
Filed with Town Clerk:.../G~/~ PI~BiBg Baard._I__j_ Building Dept.:_I_/~y~0
Fee deposited with Town Treasurer:JQ./.3f1~ By: /.tZJ...)Waiver requested?: Granted:_/_I_
Hearing notice posted with Town Clerk: IOillL./ c8 Mailed:jQIY./a I&M:.JgilJ Q3 & 1/ 1 J/03
Hearing(s) held on:_I_I_ Opened on:_I_I_ Continued to:_I_I_ Withdrawn?:_I_I_
DECISION DUE BY:_I_I_ Made:_I_I_ Filed w/Town Clerk:_I_I_ Mailed:_I_I_
n];,l'"'TlO:Tr\N A nnv AT 171""''''
C'1TT""'~T"'-T""""'T"'Ir. __...........--......
ADDENDUM
The applicant, Deborah Lynch, seeks a Special Permit pursuant to Section
139-33A(8) of the Nantucket Zoning By-Law. The Applicant proposes to change
the lot line for the Premises in a manner that would change the shape and size of
the property. The property is located at 54 Prospect Street (the ''Premises''). The
Premises is located in the Residential-1 District.
The Premises consists of a lot of land approximately 2,409:!: square feet in
size as improved by a single-family dwelling. The lot of land is non-conforming
as to lot size being situated in a Zoning District with minimum lot size of 5,000
square feet. The Premises is currently conforming as to ground cover ratio having
a ground cover ratio of approximately 20.63% in a Zoning District that allows
30% ground cover for lots containing less than 5,000 square feet.
This lot was created in 1955 by deed from Charles F. Fisher to Mary and
Walter Huffinan. The original description of the premises in the deed was
indefinite. The property has stayed in the Huffinan family since that original deed
and the Premises is now held by the Mary 1. Huffinan Trust. The Mary 1.
Huffinan Trust also owns the adjacent parcel. The Applicant, the proposed
purchaser, requested a survey of the property. The initial surveying work
indicated that the current lot line runs through the dwelling at the property. The
Applicant is seeking to move that line approximately 5.5 feet to the position
shown on the attached plan. The Trust, as owner of the adjacent lot, is in
agreement with the relocation of the lot line. This would change the size and the
shape of the premises; however, it would eliminate the current side yard set back
violations as the side yard setback would then conform to the five (5) foot
requirement in the district.
The proposed change in the size and shape of the lot would not be more
detrimental to the neighborhood than the property as it currently exists.
Furthermore, the relocation of the lot line would not increase any
nonconformities; rather it would eliminate the side yard setback encroachments.
By granting the requested Special Permit, the Board would be acting in a manner
consistent with the spirit and intent of the Zoning By-Law.
The Applicants respectfully requests that the Board act in favor of the
requested Special Permit.
ANGOLA
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REVISIONS LEGEND
'ARCH OAH '....RCH OATE
INFORMATION SHOWN HEIIEON W"~
COMPltED FROM AERIAL PHOtOGRAPHS. DEEDS.
AND PLANS OF RECOftO AND IS NOT TO IE
CONSTRUED AS HAVING SUffiCIENT ACClM!-
ACY fOR CONVEYANCE
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. LA Form
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
dJ, tj J {JO
2-89
ASSESSOR'S LIST OF PARTIES IN INTEREST
PROPERTY OWNER, 'Jam;.. ~ry']~ rs4...p J -b.. !vi ~ \S. ~ l^""'+'
APPLICANT FOR RELIEF (SAME? _) : De~~L 1J.. ~Y""\.l )-....
ADDRESS OF PROPERTY: $l..\ P~<&rec..-\- s;;;.~ et-
ASSESSOR'S MAP - PARCEL: S-SY I 5 Y
LIST OF PARTIES INCLUDING ADDRESSES
*(OR SEE ATTACHED):
*
*
R E C'Cil\fE-D
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BOAf-1D OF ASSESSORS
OCT 2 0 2003
TO\lVN OF
NANTUCKET, MA
I certify that the foregoing (or the attached ____) lists all persons,
natural or legal, who are owners of abutting property, owners of land
directly opposite on any public or private street or way; and abutters of
the abutters and all other land owners within three hundred feet of the
property line of Owner's property, as they (and their address) appear on
the most recent applicable tax list [per M.G.L. c.40A, ~ll and Z9ning Code
Ch~:C~3~/;:;;~D(2)]. (Jd;;;~ Q.~
Date I Assessor's Office
Town of Nantucket
*NOTE: Applicant (Petitioner) should include with the lot for which zoning
relief is sought, any commonly-owned abutting lots which might become
involved in the zoning matter. List map and parcels for each abutter.
jah/FORMS/boa
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Date: 'c> 0 .:::>3
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