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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. c:5 w ,::'J = ~ I ~ - -v (fl V1 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); 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 .O/\("IN'G; R..... 1 MIN. Alee....... t-;eoN'TA.GE J="'l'?ONr YARD G.C.~. O/.D15& !i!.,E;AR. YAR..,tl ..5"000.s.1=: SO F'7: 10 Pr, 30o/.. 6' F' 7: Scale (Inch.s""F..t, e. g. 1-20)= 1=20 1 4.. -I t4e 4" ~A- R w I e YO/eJ<. 43l "'" .... .str.-1.1~S..3.f ./ipS3. :2 /oCAIVCN' J. &. , R.O.seRr--3.. .1>V.arlN.Tr&. JJS<:KD (;;1/-;310 Fk.....N 1,:}-/,2S "'" S788:i:..5.F: PaT'C~11 'p(f(fd-f.;22.- 13t, Cl'?evlsed) .30.52 S'c"ce ~ 2'7" :or" "z.:'~" Cil. '" ;-\ "4 o t- ~ " o \j> ~ 10\ (\ -\ ~t- .... 37...90 ~S'-3Z2. -F ~OS."'lJ..15HA. C. OI...J)ERICH. .L.C. /zr7~-A 10-'].1-03 AS.sJi:,5.:JO~'S PARCEl.... J'S.""'r.i-5"'5-4r..'rS 07. ,." -1 .... "e . P/...,AN OF' LAND IN NANTUCKET. MASS., ""CA..t..E:': f"'% ;zo' OCTOBER. 2/~ ;200.3 CHAJe.^-.E$ W. HAJe.T& .....SSOCIA.T.c:5~/nc. 4-!J .sP.A.RJt;;,s AVE. HANTUCK..l':T'. MA. PJeOP~~TY 0;:-; MA.~Y J. H.VF'FM.A..N' rIi':.US-r \CH'P.~/-'t. - Joh ~ 8 R ~ G~ 72 .J 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. tlI~~~~ yvJ--- d w :::=1 CJ ---I Lv o ."3} ;-.J r ~ \ w 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 ." ~4.4 -u ~ ~ .5'~-~ + " 36'/1 ,. S!.\ H.l V' .... 1000. 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 w ~ '" <r o ,. 1lI!.;;;~~"IIIIIIlE. 148 1-0':> ~, .. rrlw rrO\\'ll and CO NANTUC 1\la~~aelm~t't. . - .__._-------_..~._--_. ---~-----_....._-- . 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 .. _,~ l.- . 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 SUbmitted~Ughan and Dale, P. C. Date: 'c> 0 .:::>3 Client: h t!l ~~ tI) H ' HE-! iB ~~ ~ ~ ~ o ... ... lot ... (Q E-t ... 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