HomeMy WebLinkAbout001-09 Facteau
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00
File No. 001,. 0,\
Owner's name(s): Richard and Kelly Facteau
Mailing address: 24 Clarendon Street. Nantucket. MA 02554
..
Phone Number.
E- :Mail:
Applicant's name(s): Vaughan. Dale. Hunter. Stetina. and Beaudette. P.C.
Mailing Address: Box 659 Whalers Lane, Nantucket MA 02554
Phone Number. 508-228-4455
24 Clarendon Street &
Locus Address: Berkeley Street
E-:Mail: rick@vaughandaleandhunter.com
76.1.3/125 &
Assessor's Map/Parcel: 76.1.3/188
Land CounPlan/Plan Book & Page/Plan File No.: LC Plan 5004-G Lots 29-30,49-52,31 & 32
Deed ReferencelCertificate of Tttle: COT 966 Zoning District LUG-3
Uses on Lot- Commercial: None -1L Yes (describe)
Residential: Number of dwellings 1 Duplex
Apartments
Date of Structure(s): all pre-date 7/72
or 1988
Building Permit Numbers: 6062-88. 9408-92
Previous Zoning Board Application Numbers: 089-07
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
01/15/2009 THU 10:21 FAX 5082280297 DON ALLEN AUTO
~ 002/002
01/15/2009 THO 10: 09 FAx 15082283070 v~u9'h~n Ii D~l"
Idl002/002
State below or an:ach a separate addend.um of specific special permits or ~O)nce relief applying fan
See attached Addendum
I certifytbat the wommion cxmtained herein ~ &Ub~Uycomplete and true to the
best of my~ underthe pains and ~~ of perjuIr;
SIGNATURE, CZa I'W P f (i;ukiW
SIGNATURE, ~~
/"
Owner*
Applicmt/ AttDrru:.r1 Agenr:"
"If an Agent is n:p~ the Owner or the AppJica.ur., please provide a 5igned proof of agency.
OFFICE USE ONLY
4wlication~omJ _/ _ By:_ 0:m1plete:_ Need (})pies:
Filed with Town Oerlr:J J _ P~nnh,g Boatd: -' J _ BviL.'i.,g DcpL:J J _ By;_
Fee depos:ir.ed wiJ:h Town TreasIJlet: I I By.; W~~_
~:ra'feC_/ -1__ Fbring notice posredWith Town Oedr:._/ J _ M'aiIed:......I 1_
I&AIl.J J _ &J _1_ H:aiing(s) hcldODLI J _ Opened on: I T_
CotttiDued to: / I W1tb.d.rawn: / / Decision Due By; r T
Made: /-/- Fii'edw/To'M1C1eJ:k: 7 / :Mailed: /-,--
--......... ------ --....-
2. P~irground5 Road N~nt;1Jc:ket M::usachusetts 02554
508-228-7.215 telefhone S08..228.7~'B f;usimilc
Applicants, Kelly and Rich Facteau, request an amendment to the
previously granted special permit number 089-07 and to the extent required the
applicants request a new special permit pursuant to Section 139-33A(8) of the
Nantucket Zoning By-Law ("By-Law") for this property located at 24 Clarendon
Street and Berkeley Street, Nantucket, MA 02554 (hereinafter "the Property").
The property contains 16,000 square feet of area shown as Lots 29-32 and 49-52
in Block 6 on Land Court Plan 5004-G filed with the Nantucket Registry of Deeds
(copy attached as Exhibit 1). The property is also shown on Nantucket Tax
Assessor's Map 76.1.3, Parcels 125 and 188 (copy of Map attached as Exhibit 2)
A 12,000 square foot portion of said plan consisting of Lots 29-30 and 49-52 was
issued a special permit (no. 089-07) by the Nantucket Zoning Board of Appeals
pursuant to Section 139-33A(8) of the By-Law on September 28,2007 to validate
the Property as valid lot of record (Copy of Decision Attached as Exhibit 3).
The subject property is located in the LUG-3 zoning district. The
minimum lot size is 120,000 square feet. Applicants' property consists of an
undersized 12,000 and 4,000 square feet of area as shown on the two attached as
built plot plans prepared by Emack Surveying and dated August 6, 2007 and
September 10, 2008 respectively (attached as Exhibit 4). As noted, the 12,000
square foot lot purchased by applicants on October 19,2007 is a valid lot of
record pursuant to Section 139-33A(8) of the By-Law as set forth in the
previously granted special permit in file number 089-07 . In addition, the
encroachment shown on the 4,000 square foot lot has been addressed with the
neighbor and will be removed. Finally, the property which is improved by one
single family dwelling is benefited by a certificate of occupancy dated August 3,
1988 (copy Attached as Exhibit 5).
On December 12, 2008, applicants purchased Lots 31 and 32 which make
up the 4,000 square foot portion of the property, from the Town of Nantucket as
part of the Town's "Yard Sale" program. The Town conditioned this purchased
on the applicants merging the 12,000 and 4,000 square foot undersized lots for
zoning purposes to create an undersized, but more conforming 16,000 square foot
lot. This agreement is set forth in the Quitclaim Deed for the above mentioned
conveyance dated December 14,2008 (attached hereto as Exhibit 6).
Accordingly, applicants seek a modification of the previously granted
special permit in file number 089-07 and to the extent necessary the applicants
seek a special permit pursuant to Section 139-33A(8) of the By-Law to merge the
12,000 and 4,000 square foot undersized lots to create a less non-conforming lot
of record. Section 139-33A(8) of the By-Law states that a special permit is
required to validate this change in size and shape of the previously existing non-
conforming lot to make the Property less non-conforming as well as to validate
the lot as a lot of record for zoning purposes. In addition, no new non-conformity
2
will be created by the relief requested. Applicants therefore respectfully request
that the Board grant the special permit to validate the entire 16,000 square feet as
a non-conforming lot of record as the relief requested will not be substantially
more detrimental to the neighborhood and will serve to make the locus less non-
conforming.
3
EXHIBIT 1
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EXHIBIT 2
Town of Nantucket Web GIS - Printable Map
Page ] of]
Town of Nantucket Web GIS
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Prop 10
Address
Owner
76.1.3 125
24 CLARENDON ST
FACTEAU RICHARD E &
KELLY A
24 CLARENDON ST
NANTUCKET, MA 02554
10/19/2007
$940,000
C0022774
0.28 acres
NOT A LEGAL DOCUMENT
Sale Date
Sale Price
Book/Page
Lot Size
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
.~
_1'--"1:
Pisc;l.~ill1er The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
Geographic Information System (GIS) database.
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Town of Nantucket, Massachusetts
Map Composed
1/15/2009
Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo
http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve=Width&Map Width=257... 1/15/2009
EXHIBIT 3
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Cert: 18976 Doc: SP
Registered: 10/19/200710:28 AM
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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Date:
September 28
, 2007
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To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No.:
089-07
Owner/Applicant:
Jeffry A. Richardson
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
I,
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 a
complaint in Land 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) 9~YS.
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cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST S~~AL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF-'N~ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
I
SEP 28 '0113:(
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 76.1.3
Parcel 125
LUG 1lI
24 Clarendon Street
Lots 29, 30, 49, 50, 51 & 52
In Block 6 on LC Plan 5004-6
Certificate of Title 18975
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at I :00 P.M.,
Friday, September 14,2007, in the Conference Room of the Town Building located at 2
Fairgrounds Road, Nantucket, Massachusetts, on the Application of the JEFFREY A.
RICHARDSON, in care of Glidden & Glidden, P.C., 37 Centre Street, Nantucket MA 02554,
Board of Appeals File No. 089-07, the Board made the following Decision:
1. Applicant is seeking reliefby SPECIAL PERMIT pursuant to Nantucket Zoning
By-law Section 139-33A(8) to validate the existing about 12,000 square foot lot as separately
marketable and buildable from all adjacent parcels. Applicant's lot is comprised of six
contiguous about 1.000 square-foot lots that have been held in contiguous ownership since 1984
and have been treated as one merged nonconforming lot of record. In 1984, a predecessor-in-
title purchased Lots 49 and 50 from an abutter and separately purchased Lots 29, 30,51 and 52
from another abutting property owner. The two undersized parcels were combined by the
Applicant into a more confonning lot with about 12,000 square feet oflot area but not
confonning to the 120,000 square-foot requirement in the LUG-3 zoning district within which
the locus is situated. The lot is also nonconfonning as to containing about 80 feet of frontage
along Clarendon Street in a district that requires a minimum frontage of 200 feet. In all other
respects. the lot and the single-family dwelling contained thereon, are conforming to the
dimensional zoning requirements.
The Premises is located at 24 CLARENDON STREET, TOM NEVERS,
Assessor's Map 76.1.3, Parcel 125, Land Court Plan 5004-G, Block 6, Lots 29,30,49,50,51 and
52. The property is zoned Limited-Vse-General-3.
2. The Decision is based upon the Application and the testimony and evidence
presented at the Hearing. The Planning Board made no recommendation, as the matter was not
of planning concern. There were no letters on file in favor of or in opposition to the Application.
3. Applicants' attorney explained that the locus contained 12.000 square feet oflot
area in an LUG-ill zone requiring 120,000 square feet for a building lot. Locus is comprised of
six (6) separate but contiguous 2.000 square foot lots which have been held in contiguous
ownership and treated as one merged non-conforming lot of record since 1984. Applicant's
predecessor in title built a single-family dwelling on locus in 1989 and the dwelling received a
Certificate of Occupancy more than ten (10) years ago. Because Applicant's predecessor in title
combined a 4,000 square foot lot into what is now locus in 1984, there is a technical zoning
irregularity because this lot combination, even though it made non-confonning lots less non-
confonning, should have obtained relief from the Board of Appeals in 1984. The lot is non-
confonning as to frontage, having 80 feet in a district requiring 200 feet, but the dwelling
constructed thereon conforms to all other dimensional requirements of the By-law.
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4. After brief discussion, the Board finds that this combination of two undersized
lots into locus in 1984 is in harmony with the general purpose and intent of the Zoning By-law,
will not be detrimental in any fashion to the residential character of the neighborhood, and relief
can be granted without violating the spirit or intent of the By-law.
5. Accordingly, by a unanimous vote, the Board GRANTS the requested reliefby
SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A(8) validating locus as a
pre-existing lot of record.
SIGNATURE PAGE TO FOLLOW
ILLU'+O
zt 2007
JUt fA.JCI-1~ ,w/IJ
ale Waine
HDu.FYnt.<\T20 OA'" HA ',In F.l..AI'rED AP'PiI
nm~ON WAS RUD IN 'limOFPfCEOF TIll
'JOMIr.I.8RX, AND TrlA T NO APPEAL HAS lmSM
IlUQI'UDWlr1'Oal:.HEJtALLAWS_tIIC!Df 11
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OCT 1 8 2001
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EXHIBIT 4
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CURRENT ZONING: LUG-3 ~~ .p(GISTlY.r...~~ .
MINIMUM LOT SIZE: 120,000 SF ~ ~N. LA.""
MINIMUM FRONTAGE: 200 FT [lc:: e.--f:
FRONTYARD SETBACK: 36 FT
SlOE AND REAR SETBACK: 20 F'T (10FT
FOR LOT OF RECO~t;n
ALLOWABLE G.Q.R.: 3" (1500 ~i FOR LOT OF RECORD)
. +
EXISTING G.C.R.: 6.9"_
+
EXISTING G.C.: 825 SF _
fOR PROPERTY UNE OETERMINA liON THIS PLOT PLAN
REUES ON CURRENT. DEEDS AND PLANS OF RECORD.
VERlAED BY Aao MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A ll1lE
EXAMINA liON A RECORDABLE SURVEY.
I HEREBY TO mE BEST OF MY KNOYA.EDGE
THAT THE P ISES SHOWN ON THIS PlAN ARE
LOCA1EO WI THE X ZONE (oreQs .outslQe 500 yr flood plain)
AS DEUNEA ON THE "ARM" MAP Of COfAMUNITY NO. 250230,
MASSACHU . EFFECllVE: 6-3-86, REVISED 11-6-96 BY
lHE FEDER EMERGENCY MANAGEMENT AGENCY.
N.S. 12 .. 14
NOlE: LOT DOES NOT CONfORM TO
CURRENT ZON.ING REQUIREMENYS "-'TH
RESPECT TO MINIMUM FRONTAGE AND
WITH RESPECT TO MINIMUM LOT AREA.
RTGAGE INSPECTION PLAN
IN
NANTUCKET, MASSACHUSETTS
SCALE: 1"=30' DATE: AUG. 6, 2007
DEED REFERENCE: LC CERT.' 18975
PLAN REFERENCE: LC PL 5004-G
ASSESSOR'S REFERENCE:
MAP: 7.6.1.3 PARCELS: 125
127. & 186 .
PREP ARED FOR:
RICHARD & KELLY FACTEAU
EMACK SURVEYING
2 WASHAMAN AVENUE
NANTUCKET. MA.'02554
(508) 325-0940
J-905
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NOTE: LOT DOES NOT CONFORM TO
CURRENT ZONING REQUIREMENYS WITH
RESPECT TO MINIMUM FRONTAGE AND
WITH RESPECT TO MINIMUM LOT AREA.
CURRENT ZONING: LUG-3
MINIMUM LOT SIZE: 120,000 SF
MINIMUM FRONTAGE: 200 FT
FRONTYARD SETBACK: 35 FT
SIDE AND REAR SETBACK: 20 FT (10FT
FOR LOT OF RECORD)
ALLOWABLE G.C.R.: 3%
EXISTING G.C.R.: VACANT (excepting abutters shed)
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A TIlLE
EXAMINA TlON OR A RECORDABLE SURVEY.
I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE
THA T THE PREMISES SHOWN ON THIS PLAN ARE
LOCATED WITHIN THE X ZONE (areas outside 500 yr flood plain)
AS DEUNEA TED ON THE "FIRM" MAP OF COMMUNITY NO. 250230,
MASSACHUSETTS. EFFECTIVE: 6-3-86, REVISED 11-6-96 BY
THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
N.B. 12 114
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MORTGAGE INSPECTION PLAN
IN
NANTUCKET, MASSACHUSETTS
SCALE: 1"=30' DATE:SEP 10. 2008
DEED REFERENCE: LC CERT.# 15.829
PLAN REFERENCE: LC PL 5004-G
ASSESSOR'S REFERENCE:
MAP: 76.1.3 PARCEL 188:
PREP ARED FOR:
RICHARD & KELLY FACTEAU
EMACK SURVEYING
2 WASHAMAN AVENUE
NANTUCKET, MA. 02554
(508) 325-0940
J-983
EXHIBIT 5
76.1.3-125-128
TOWN OF NANTUCKET, MASS.
Certificate of Occupancy No.
. . . STRUCTURE KENT AND
ThIS certifIes that the. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. located at No. . . . . . . . . . . . . . . . ..
6062-88
~t.<:J;.~.~~9~ .~1'~.r:~......... Zone... .~V?::~........... conforms substantially to the approved
lot J an and detailed statements for which Building Permit No... .qq9?;-.~~...... . .. ... .. . ... was issued
PRIL 20, 88
. . .. ...... ................... ..... 19 Nantucket
. . . CHRISTOPHER B. LEWIS
ThIS certifIcate therefore is issued to ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. to occupy or
use said premises or building or part thereof for the following purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SINGLE FAMILY DWELLING .
............................................................................ .'..............................................................................................................
............................................................................................................................................................................................ .
...................................................................................................................................... 1,1......................................................
1 :::~. ~ .~d~;~~c;.r.~n.;.~~l:~.~ .t~~.~rorlS10nS of the Zomng B$;;;OW;;;;;;;~.. . .. ,
~ f~ilding Inspector.
:-
EXHIBIT 6
125832
1111I.111
Cert: 23140 Doc: DO
Registered: 12/12/2008 11 :28 AM
~
OUITCLAIM DEED
31 g2,.
Lots \ and ~ Block 6, Land Court Plan No. 5004-G
Located off Berkley Street, Nantucket, Massachusetts and
Known as Assessor Map 76.1.3, Pareel188
The TOWN OF NANTUCKET, a Massachusetts municipal corporation having a
principal place of business at 16 Broad Street, Nantucket, Nantucket County, Massachusetts
acting by and through its Board of Selectmen, in consideration of Seven Thousand Five Hundred
and_ 001100 Dollars ($7,500.00), receipt of which is hereby acknowledged, grants to
RICHARD E.FACTEAU and KELLY A.. FACTEAU of 24 Clarendon Street, Nantucket, -
Massachusetts 02554, W$enants ~e entirety, with QUITCLAIM COVENANTS, that certain
plot of land shown as t.Ets31 an~f Block 6 on Land Court Plan No. 5004-G as descnbed on .
Certificate of Title No. 966. The premises hereby conveyed is located off Berkley Street in
Nantucket, Massachusetts, contains approximately 4,000 square feet of vacant land, and is also
known as Town of Nantucket Tax Assessor Map 76.1.3, Parcel 188.
The grantor's conveyance of this parcel is based in part on the grantees' warranty and
representation to the grantor that such parcel shall, for all intents and purposes, be combined with
and considered as one parcel with all abutting lots previously acquired by grantees pursuant to
Land Court Certificate of Title No. 22774, known as Map 76.1.3, Parcel 125 and shown as
Lots 29, 30, 49, 50, 51 and 52 of Block 6 on Land Court Plan 5004-G (together with the
premises granted hereby, the "Combined Premises"), and that no part of the Combined Premises
shall be hereafter divided, subdivided or conveyed as a separate parcel or parcels, unless prior
written permission is granted by the Town of Nantucket Board of Selectmen and recorded at said
Registry. Accordingly, the parcel hereby granted to the grantees is conveyed subject to a
permanent restriction and a reversionary interest held by the grantor, forever prohibiting the
division or subdivision of the Combined Premises and the use of the parcel apart from the
Combined Premises, automatically effecting a reversion of the premises granted hereby to the
grantor upon any sale, transfer or use of the Combined Premises contrary to the provisions of this
paragraph or the restriction.
This conveyance is made pursuant to the authority of Article 86 adopted at the Town of
Nantucket 2004 Annual Town Meeting held on April 12, 2004, a Town Clerk certified copy of
which is attached hereto as Exhibit A.
'I ~otj;j"
The conveyance hereby made has been completed in full compliance with the
requirements of Massachusetts General Laws chapter 44, section 63A.
For grantor's title, see Certificate of Title No. 15829 filed with the Nantucket County
Registry District of the Land Court.
EXECUTED under seal as of this ~ day of ~f-' .M.rbl./ ,2008.
i
I
Brian J. Chadwick
NANTUCICET lNID IWIK
CERTIFICATE
Ef"PIId $-' r:j/). 00
B~ .
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Allen B. Reinhard
i:CggQlk~
Rick Atherton
Commonwealth of Massachusetts
Nantucket County, ss
On this j ~ day ~ ~ , 2008, befure me, the uodemigoed
notary public, perso1ially appeared Michael Kopko, Brian J. Chadwick, ... '_
-PatriciA ae8S8veta and Rick Atherton, as. members of.the Board o! Sel~~ of th~~ .'.. .~:. .O~,:,':;~~ ,. .
Nantucket, proved to me through satisfactory evIdence of Identification,. w ~ 9' -.;~.:r'J. '. ~~'!.~."
, 0 photographic identification with si~ issued by federal or state govemmei1~, ~~~~~.:~' ':"
oath or aftirmalion of a ~1e witness, ~nal knowledge of the unders~. ~j'ff ~..
persons whose names are Signed on the preceding or attached document, and ackn: . ~ !"/ .-'1;' i'j i
me that they signed it volnntarily fur its stated P~~L '*~:3/
Selectmen of the Town of Nantucket. , _ _ _' ",::,,;..;~...~:~~:~~~~;r..
....,. 10... <".
0.' ..:~~v.~::...,
Public --1'""' "'"'^ U
My commission expires:....J d ~ di l <<J
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Town of Nantucket
...
OFFICE OF THE
TOWN CLERK
Catherine F1anapD Stover, CMC, C~
Town Clerk
(508) 228-7217
FAX (508) 325-5313
Home: (508) 228-7841
EmaU: twnderk@n81ltucket.net
16 Broad Street
NANTUCKET, MASSACHUSETTS 02554.3590
...
April 12 2004
TO WHOM IT MAY CONCERN:
I, Catherine Flanagan Stover. duly elected Clerk of the Town of Nantucket,
hereby certify that the April 12, 2004 ANNUAL TOWN MEETING adopted Article
86: "Real Estate ConvevancesNarlous Parcels" at the April 15, 2004
adjourned session when ....the adoption of all articles not heretofore acted upon
as recommended by the Finance Committee. or as recommended by the
Planning Board- was duly motioned and seconded.
VOTE: The vote on the motion pursuant to Article 86 as recommended bv
the Finance Committee. was bv Unanimous Voice Vote_ The motion was
adoDted.
Catherine Flanagan Stover, CMC, CMMC
Town Clerk
A TM04 Article 86,
Page 1 of 2
". "Otl""
. ~ "
ARTICLE 86
(Real Estate Conveyances: Various Parcels)
To see If the Town will vote to authorize the Board of Selectmen, subject to the requirements of
Massachusetts General Law chapter JOB, to sell, convey, or otherwise dispose of the foRowing Town-owned
parcels, subject to guidelines established under the draft -Nantucket Yard Sale Program- on file in the Board
of Selectmen's office:
Address MaP/Parcel Size
10 Ariinaton Street 76.1.3/74 4.000 sf
Kent Street, aka Ber1<eley Street (between 76.1.3/74 4,000 sf
23, 25)
Nichols Street 92.4/199 5,000 sf
5 Maine Avenue 60.3.1/423.424 3,050 sf
12 Maine Avenue 60.3.1/431, 432 4.000 sf
4 New Hamoshire Avenue 60.3.1/418.419 3,994 sf
9 Rhode Island Avenue 60.3.11349. 350 4,000 sf
26 Rhode Island Avenue 60.3.1/160,161 4,000 sf
29 Shell Street Siasconset 73.1.31120 3,945 sf
40B Shell Street, Siasconset 73.1.31118 800 sf
34, 35 Saccacha Avenue 82/329,330 8,000 sf
And, to take any other action as may be appropriate thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen Is hereby authorized to,
subject to the requirements of Massachusetts General Law chapter 3OB, to sell, convey, or
otherwise dispose of the following Town-owned parcels, subject to guidelines established under the
draft "Nantucket Yard Sale Program" on file In the Board of &electmen's office:
ADDRESS
A TM04 Article 86,
MAP I
PARCEL S
76.1.3/188 189
92.41 199
60.3.11423 424
60.3.11431 432
60.3.1/418 419
60.3.1/349 350
73.1.3/118
82/329 330
SIZE
4 000 sf
5 000 sf
3 050 sf
4 000 sf
994 sf
000 sf
800 sf
8 000 sf
Page 2 of 2
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REOEIVED
BOARD OF ASSESSORS
SEP 0 4 2008
Town of Nantucket
TOWN OF
NANTUCKET, MA
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER......... Town of Nantucket
MAILING ADDRESS....... ..c/o Vaughan, Dale and Hunter, P.c., 2 Whaler's
Lane, Nantucket, MA
PROPERTY LOCATION......Berkley Street, Nantucket MA
ASSESSOR'S MAP/PARCEL......Map 7613, Parcel 188
APPLICANT. . . . . . . . . . . . . . . . . . . . .Richard and Kelly Facteau
SEE ATTACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting
property, owners of land directly opposite on any public or private street or way;
and abutters ofthe abutters and all other land owners within 300 feet ofthe
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 139-29 D
(2).
M,...~. .:.?tJtJff'
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ASSESSOR'S OFFICE
Town of Nantucket
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
=
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Date: May 5
,2009
To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No. :
024-08
Owner/Applicant:
Richard and Kelly Facteau
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 a
complaint in Land 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.
fli 3. d k [3&1)
Michael J. O'Mara, Chairman
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
(~.'!
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01
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
May 5
,2009
To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No.:
001-09
Owner/Applicant:
Richard and Kelly Facteau
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 a
complaint in Land 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 (2~~~ays.
,fvl5Jh{J,16!
Michael J. O'Mara, Chair.man
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
DECISION:
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1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday,
February 12, 2009 at 1:00 P.M., in the garage area at 2 Fairgrounds Road, Nantucket,
Massachusetts 02554, the Board made the following decision on the application RICHARD
AND KELLY FACTEAU of 24 Clarendon Street, Nantucket, MA 02554, Board of Appeals
File No. 001-09:
Lots 29-30, 49-52, 31 & 32: . ::::s:
Land Court Plan 5004-G ==<
24 Clarendon Street & Berkley Stree~
Assessor's Map 76.1.3, Parcels 125 and 188
Certificate of Title No. 966
Limited Use General - 3
2. Applicants request a modification of File No. 089-07 and, to the extent necessary,
Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A(8) (alteration of
pre-existing, nonconforming lots) to merge the Applicants' existing 12,000 and 4,000 square foot
lots to create a less non-conforming lot of record. The 12,000 square foot lot which is improved
by one single family dwelling is benefited by a Certificate of Occupancy dated August 3, 1988,
and was issued a Special Permit (No. 089-07) by this Board pursuant to Section 139-33A of the
Nantucket Zoning By-Law on September 28,2007 to validate the property as a pre-existing non
conforming lot of record. Both lots are undersized, being located in the Limited Use General- 3
zoning district. The LUG-3 zoning district requires a minimum lot size of 120,000 square feet.
The site is located at 24 Clarendon Street and Berkeley Street, is shown on Nantucket Tax
Assessor's Map 76.1.3 as Parcels 125 and 188, is shown on Land Court Plan 5004-G as Lots 29-
30, 49-52, 31 and 32, and is registered at the Nantucket County Registry of Deeds as Certificate
of Title No. 966. The site is zoned Limited Use General- 3.
3. Our decision is based upon the application and accompanying materials, and
representations, and testimony at our public hearing. The Planning Board made no
recommendation on the basis that no matters of planning concern were presented. No members
of public commented on this application.
4. The Applicants, through counsel, stated that they are requesting to merge the
Applicants' existing 12,000 and 4,000 square foot lots to create a less non-conforming lot of
record. Counsel stated that the Applicants purchased the 4,000 square foot property from the
Town of Nantucket as part of the Town's "Yard Sale" program. The Town conditioned the
purchase on the Applicants merging the 12,000 and 4,000 square foot lots for zoning purposes in
order to make an undersized, but less nonconforming 16,000 square foot lot. This agreement is
set forth in the Quitclaim deed for the above mentioned conveyance dated December 14, 2008.
Applicants request the Board bless the entire 16,000 sq. ft. lot with the benefit of being a pre-
existing non-conforming lot of record with the all dimensional benefits under Sections 139-33
and 139-16 of the Nantucket Zoning By-Law. Therefore, the Applicants are before the Board in
order to merge the 12,000 and 4,000 square foot undersized lots to create a less non-conforming
lot of record.
5. Based on the foregoing, the Board finds that the proposed reconfiguration of the lot
lines to allow the merger of the Applicants' property creates no new nonconformity, does not
increase any nonconformity, but instead reduces the lot size nonconformity of the Applicants'
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 76.1.3, Parcels 125 and 188
Certificate of Title No. 966
Limited Use General - 3
Lots 29-30, 49-52, 31 & 32
Land Court Plan 5004-G
24 Clarendon Street & Berkley Street
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday,
February 12, 2009 at 1:00 P.M., in the garage area at 2 Fairgrounds Road, Nantucket,
Massachusetts 02554, the Board made the following decision on the application RICHARD
AND KELLY FACTEAU of 24 Clarendon Street, Nantucket, MA 02554, Board of Appeals
File No. 024-08:
2. Applicants request a modification of File No. 089-07 and, to the extent necessary,
Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A(8) (alteration of
pre-existing, nonconforming lots) to merge the Applicants' existing 12,000 and 4,000 square foot
lots to create a less non-conforming lot of record. The 12,000 square foot lot which is improved
by one single family dwelling is benefited by a Certificate of Occupancy dated August 3, 1988,
and was issued a Special Permit (No. 089-07) by this Board pursuant to Section 139-33A of the
Nantucket Zoning By-Law on September 28,2007 to validate the property as a pre-existing non
conforming lot of record. Both lots are undersized, being located in the Limited Use General- 3
zoning district. The LUG-3 zoning district requires a minimum lot size of 120,000 square feet.
The site is located at 24 Clarendon Street and Berkeley Street, is shown on Nantucket Tax
Assessor's Map 76.1.3 as Parcels 125 and 188, is shown on Land Court Plan 5004-G as Lots 29-
30, 49-52, 31 and 32, and is registered at the Nantucket County Registry of Deeds as Certificate
of Title No. 966. The site is zoned Limited Use General- 3.
3. Our decision is based upon the application and accompanying materials, and
representations, and testimony at our public hearing. The Planning Board made no
recommendation on the basis that no matters of planning concern were presented. No members
of public commented on this application.
4. The Applicants, through counsel, stated that they are requesting to merge the
Applicants' existing 12,000 and 4,000 square foot lots to create a less non-conforming lot of
record. Counsel stated that the Applicants purchased the 4,000 square foot property from the
Town of Nantucket as part of the Town's "Yard Sale" program. The Town conditioned the
purchase on the Applicants merging the 12,000 and 4,000 square foot lots for zoning purposes in
order to make an undersized, but less nonconforming 16,000 square foot lot. This agreement is
set forth in the Quitclaim deed for the above mentioned conveyance dated December 14, 2008.
Applicants request the Board bless the entire 16,000 sq. ft. lot with the benefit of being a pre-
existing non-conforming lot of record with the all dimensional benefits under Sections 139-33
and 139-16 of the Nantucket Zoning By-Law. Therefore, the Applicants are before the Board in
order to merge the 12,000 and 4,000 square foot undersized lots to create a less non-conforming
lot of record.
5. Based on the foregoing, the Board finds that the proposed reconfiguration of the lot
lines to allow the merger of the Applicants' property creates no new nonconformity, does not
increase any nonconformity, but instead reduces the lot size nonconformity of the Applicants'
property. The Board therefore deems the newly merged 16,000 square foot lot a pre-existing
non-conforming lot of record with all dimensional benefits under Sections 139-33 and 139-16 of
the Nantucket Zoning By-Law. The Board further finds that such reconfiguration of lot lines
would not be substantially more detrimental to the neighborhood than existing lot lines, or
contrary to the general purpose and intent of the Zoning By-law.
6. Accordingly, the Board of Appeals, by a UNANIMOUS vote GRANTS the
requested SPECIAL PERMIT relief to allow the reconfiguration of lot lines by merger the
Applicants' property at 24 Clarendon Street and Berkley Street, upon the following conditions:
a. "The resulting merged Premises shall be comprised of both 24 Clarendon Street and
Berkeley Street, being shown, respectively, on Land Court Plan 5004-G as Lots 29-
30, 49-52, 31 and 32, on the Mortgage Inspection Plan prepared by Emack Surveying,
dated August 6, 2007, herein attached as Exhibit A, and on the Mortgage Inspection
Plan prepared by Emack Surveying, dated September 10, 2008, herein attached as
Exhibit B"; and
b. The merged Premises shall be considered a single building lot under the Nantucket
Zoning Bylaw, as amended.
SIGNATURE PAGE TO FOLLOW
Dated: ~ 5'",2009
~1~-
Burr Tupper /
// ,
/1/ /d
,/ /
/~~ ?- r-. /'
Ma Poor
Lisa Botticelli
Nantucket, ss. ~ 5. 2009
On this ~day of tt::~009, before me, the unde~Signed Notary Public, personally appeared
/t!(,{Yr 7 t.t.~ ' who is personally known to me, and who is the person whose
name is signed on the preceding or attached document, and who acknowledged to me that he/she signed it
voluntarily for its stated purpose.
1Lv~~
Notary Public: VtI1-t':,:>~ K. fr!atY-(
My commission expires: Mltn:.'" "'" ;;Zt:J13
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CURRENT ZONING: LUG-3 ~.ll ,p{6'ISTt\l.....~~~ .
MINIMUM LOT SIZE: 120~000 SF // ~NA v.1l\)
MINIMUM FRONTAGE: 20Q FT [IL:---f-.
FRONTYARD SETBACK: 3p FT
SIDE AND REAR SETBACK: 20 FT (10 FT
FOR LOT OF RECOBD)
ALLOWABLE G.p.R.: 3" (1500 SP:l FOR LOT OF RECORD)
. +
EXISTING G.C.R.: 6.9"_
+
EXISTING G.C.: 825 SF _
fOR PROPERTY UNE OETERMINA TION nfls PLOT PLAN
REUES ON CURRENT. DEEDS AND PLANS Of RECORD,
VERtAED BY AELD MEASUREMENTS AS SHOWN HEREON.
llilS PlAN IS.:!!. lOT REPRESENlEO. TO. BE A TIRE
EXAMINATION r A RECORDABLE SURVEY.
I HEREBY I: fY TO mE BEST Of MY KNOWLEDGE
THAT THE p. ".. ISES SHOWN ON THIS PLAN ARE
LOCAlEO WI..... THE X ZONE (areas outsl(le.. 500 yr flood plain)
AS oatNEA .. ON THE "ARM" MAP Of coMMUNITY NO. 250230,
MASSACHU'. . EFFECTIVE: 6-3-86, REVISED 11-6-96 BY
lliE FEDER" EMERGENCY MANAGEMENT AGENCY.
N.S. 12 14
NOTE: LOT DOES NOT CONfORM" TO
CURRENT ZONING REQUIREMENYS YttTH
RESPECT TO MINIMUM fRONTAGE AND
WITH RESPECT TO MINIMUM LOT AREA.
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RTGAGE INSPECTION PLAN
IN
NANTUCKET, MASSACHUSETTS
SCALE: 1"=30' DATE: AUG. 6, 2007
DEED REFERENCE: LC CERT.(I 18975
PLAN REFERENCE: LC PL 5004-G
ASSESSOR'S REFERENCE:
MAP: 76.1.3 PARCELS: 125
127, & 186 .
PREP ARED FOR:
RICHARD & KElJ.. Y F AClEAU
EMACK SURVEYING
2 WASH AM AN AVENUE
NANTUCKE~ MA. U2554
(508) 325-0940
J-905
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NOTE: LOT DOES NOT CONFORM TO
CURRENT ZONING REQUIREMENYS WITH
RESPECT TO MINIMUM FRONTAGE AND
WITH RESPECT TO MINIMUM LOT AREA.
CURRENT ZONING: LUG-3
MINIMUM LOT SIZE: 120,000 SF
MINIMUM FRONTAGE: 200 FT
FRONTYARD SETBACK: 35 FT
SIDE AND REAR SETBACK: 20 FT (10FT
FOR LOT OF RECORD)
ALLOWABLE G.C.R.: 3%
EXISTING G.C.R.: VACANT (excepting abutters shed)
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A TITLE
EXAMINA TION OR A RECORDABLE SURVEY.
I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE
THAT THE PREMISES SHOWN ON THIS PLAN ARE
LOCATED WITHIN THE X ZONE (areas outside 500 yr flood plain)
AS DELINEATED ON THE "FIRM" MAP OF COMMUNITY NO. 250230,
MASSACHUSETTS. EFFECTIVE: 6-3-86, REVISED 11-6-96 BY
THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
N.B. 12 114
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MORTGAGE INSPECTION PLAN
IN
NANTUCKET, MASSACHUSETTS
SCALE: 1" = 30' DATE: SEP 10, 2008
DEED REFERENCE: LC CERT.# 15,829
PLAN REFERENCE: LC PL 5004-G
ASSESSOR'S REFERENCE:
MAP: 76.1.3 PARCEL 188:
PREP ARED FOR:
RICHARD & KELLY FACTEAU
EMACK SURVEYING
2 WASHAMAN AVENUE
NANTUCKET, MA. 02554
(508) 325-0940
J-983