HomeMy WebLinkAbout022-09 Town of Nantucket(192 Cliff Road)
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00
File No._f>>'..()#J
Owner's name(s): Town of Nantucket, c/o Andrew Vorce
Mailing address: 2 Fairground Road, Nantucket, MA 02554
Phone Number: 508-228-7242
E-Mail: avorce@nantucket-ma. gov
Applicant's name(s): See Above
Mailing Address: See Above
Phone Number: See Above
E-Mail: See Above
Locus Address: 192 Cliff Road
Assessor's Map/Parcel: 40/22
Land Court Plan/Plan Book & Page/Plan File No.: 8852-C
Deed Reference/Certificate of Title: 3608
Zoning District LUG - 1
Uses on Lot- Commercial: None Yes (describe) VACANT
Residential: Number of dwellings Duplex Apartments
Date of Structure(s): all pre-date 7/72
or N/A
Building Permit Numbers: N/A
Previous Zoning Board Application Numbers: 058 - 07
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Print F~rm "I
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State below or attach a separate addendum of specific special permits or variance relief applying for:
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I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
SIGNATURE: C'-~~
Owner*
SIGNATURE:
Applicant/ Attorney / Agent*
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on:_/_/ _ By=---- Complete:_ Need Copies:_
Filed with Town Clerk_/ _/ _ Planning Board:_/ _/ _ Building Dept.:_/ _/ _ By:_
Fee deposited with Town Treasurer:_/ _/ _ By:_ Waiver requested:_
Granted:_/ _/ _ Hearing notice posted with Town Clerk_/ _/ _ Mailed:_/ _/_
I&M _/ _/ _ &_/ _/ _ Hearing(s) held on:_/ _/ _ Opened on :_/ _/_
Continued to:_/ _/ _ Withdrawn:_/ _/ _ Decision Due By:_/ _/_
Made:_/ _/ _ Filed w/Town Clerk~/ _/ _ Mailed:_/ _/_
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
ADDENDUM
Applicant (the Town of Nantucket) is seeking relief by VARIANCE pursuant to
Nantucket Zoning Bylaw Section 139-16A (Intensity Regulations - minimum lot size).
Applicant proposes to divide the pre-existing, nonconforming Lot B on Land Court Plan
No. 8852-C, which contains about 39,291.2 square feet oflot area, into four separate
parcels. Lot Bl would contain about 9,584.9 square feet oflot area; Lot B1.1 would
contain about 3,595.7 square feet oflot area; Lot B1.2 would contain about 2,995.7
square feet oflot area; and Lot B2 would contain about 23,114.9 square feet oflot area in
a zoning district that requires a minimum lot size of 40,000 square feet. Lot B 1 would be
a buildable lot; B 1.1 and Lot B 1.2 would be disposed of as part of the Town "yard sale"
program and would not be buildable unless combined with another lot; and lot B2 would
be dedicated to road purposes and become part of Cliff Road.
By a positive vote at 2004 Annual Town Meeting on Article 85, disposal of the parcels
was authorized for affordable housing or any other legal purpose by the Town of
Nantucket.
A VARIANCE was granted in 2007; but, the Town of Nantucket never acted on the
Variance and it subsequently lapsed. Accordingly, the Applicant is requesting a
reissuance of that Variance.
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ARTICLE 85 ~
(Convey of Surplus Land/Cliff d)
To see if the. Town will vote to authorize the Boar nter into an agreement, the terms of which shall
be determined by the Board of Selectmen, to convey, sell or otherwise lawfully dispose of, all or part of the following
parcels of land to the Nantucket Housing Authority, to an entity eligible to hold perpetual affordable housing restrictions
under Chapter 184 of the Massachusetts General Laws, for the purpose of providing affordable housing to low and
moderate income residents of Nantucket, subject to such restrictions and remedies as may be appropriate to assure
conformance with such purposes, or to any other individual or entity for any lawful purpose: land on Cliff Road, described
in Assessor's records as Map 40, Parcel 22, and to take such other actions as may be appropriate thereto.
(Board of Selectmen)
FINANCECOMMIJTEE MOTION: Moved that the Board of Selectmen is hereby authorized to enter into an
agreement, on such terms as shall be determined by the Board of Selectmen, to convey, sell or otherwise lawfully
dispose of, all or part ofthe folloY(ing parcels of land to the Nantucket Housing Authority, to an entity eligible to
holdperpeb,lal Ciffordable housing restrictions under Chapter 184 of the Massachusetts General Laws, forthe
purpose of providing affordable housing to low and moderate income residents of Nantucket, subject to such
restrictions and remedies as may be appropriate to assure conformance with such purposes, or tp any other
individual or entity for any lawful purpose: land at 192 Cliff Road, described in Assessor's records as Map 40,
Parcel 22.
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ARTICLE 86
(Real Estate Conveyances; Various Parcels)
To see if t Town will vote to authorize the Board of Selectmen, subject to e requirements of Massachusetts
General Lawchapte B, to sell, convey, or otherwise dispose of the following To -owned parcels, subject to guidelines
established under the "Nantucket Yard Sale Program" on file in the 80 of Selectmen's office:
Size
4,000 sf
4,000 sf
5,000 sf
3,050 sf
4,000 sf
3,994 sf
4,000 sf
4,000 sf
3,945 sf
800 sf
8,000 sf
And, to take any other acti 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 30B, 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 Selectmen's office:
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Page 83
2004 Annual Town Meeting Warrant with Finance Committee Recommendations
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REG'EiVED
BOARD OF ASSESSORS
MAY 1 4 2009
J
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... .4:~....tt(..... -:7Jr.~J:......
MAILING ADDRESS.................... ..'................................................
PROPERTY LOCATION........ /'1. ;{.<... ~.. .Re/.................
ASSESSOR MAP/P ARCEL......... ."'l:.t?.. -::. 02s;2.-:................................
SUBMITTED By........................................................... .'...............
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons 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 300 feet ofthe '
property line of owner's property, as they appear on the most recent applicable tax
list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B
(2).
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DATE }
t?tt:~ 1/ IU~
A SESSOR'SOFFICE
TOWN OF NANTUCKET
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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Date: July 8
,2009
To: Parties in Interest and Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No.:
022-09
Owner/Applicant:
Town of Nantucket
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 wi thin such TWENTY (2 ~ d~ys.
(1ft ~) ~ D~~)
Michael J. O'Mara, Chai n
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
Assessor's Map 40
Parcel 22
Limited Use General-1
192 Cliff Road
Land Court Plan 8852-C, Lot B
Certificate of Title No. 3608
DECISION
1. At a public hearing of the Nantucket Zoning Board of Appeals, on
Thursday, June 11, 2009, at 1:00 P.M., in the Garage Area in the Town Annex
Building, 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following Decision on the Application of TOWN OF NANTUCKET, with a
mailing of 16 Broad Street, Nantucket, Massachusetts 02554, Board of Appeals
File No. 022-09, the Board made the following Decision:
2. Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning
By-law Section 139-16A (Intensity regulations - minimum lot size). Applicant
proposes to divide said to be pre-existing nonconforming Lot B on Land Court
Plan No. 8852-C, which contains about 39,291.2 square feet of lot area, into four
separate parcels. Lot B1 would contain about 9,584.9 square feet of lot area; Lot
B1.1 would contain about 3,595.7 square feet of lot area; Lot B1.2 would contain
about 2,995.7 square feet of lot area; and Lot B2 would contain about 23,114.9
square feet of lot area, in a zoning district that requires a minimum lot size of
40,000 square feet of lot area. Lot B1 would be a buildable lot; Lot B1.1 and Lot
B1.2 would be disposed of as part of the Town "yard sale" program and would
not be buildable unless combined with another lot; and Lot B2 would be
dedicated to road purposes and become part of Cliff Road. By a positive vote at
the 2004 Annual Town Meeting on Article 85, disposal of the parcels was
authorized for affordable housing or any other legal purpose by the Town of
Nantucket.
The Premises is located at 192 CLIFF ROAD, Assessor's Map 40, Parcel 22,
shown as Lot B on Land Court Plan 8852-C. The property is zoned Limited-Use-
General-1 ("LUG-1").
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, finding that the Application did not present
any issues of planning concern. The presentation was made on behalf of the
Town of Nantucket by Senior Planner Leslie Snell. There was no public
comment against the Application. There was one letter on file against the
requested relief.
4. The Applicant informed the Board that this variance had originally been
granted in 2007; but, has since lapsed. Further, the Applicant stated that the
subject property is a remainder parcel of land that contains portions of the layout
of Cliff Road, as well as other portions that are not currently used for roadway
purposes. The Applicant explained that the Town proposes to divide the
property into four separate pieces as shown on the proposed "Subdivision Plan
of Land" (the "Plan") prepared by David Gosselin and Associates, professional
land surveyors, dated November 29, 2005, a copy of which is attached hereto as
Exhibit A. The Plan shows Lots B 1.1 and 1.2 as thin, unbuildable strips of land
that separate adjoining property from having frontage on Wannacomet Road.
The Town would offer these parcels for sale with priority given to abutting
landowners. Lot B-2 would contain Cliff Road and would be dedicated to road
purposes and be presented to properly laid out by the Nantucket County
Commissioners to be laid out as part of the public way. Lot B-1, containing about
9,584 square feet of lot area, would remain a separately marketable and buildable
lot to be conveyed to an entity that would maintain it for "the purpose of
providing affordable housing" or "to any other individual or entity for any
lawful purpose."
5. Therefore, based upon the foregoing, the Board finds that validating the
lots shown on the Plan as described above, which would include validation of
Lot B-1 as a separately marketable and buildable lot from all adjacent parcels,
would provide a public benefit in that the traveled part of Cliff Road, where it
intersects with Wannacomet Road, would be regularized. The special
circumstances relating to the creation the lots in relationship to the intersecting
roads, natural characteristics, purpose, location, and particularly the irregular
shape of the parcel with the traveled part of Cliff Road bisecting it, are unique
characteristics and do not generally affect other lots in the LUG-1 zoning district.
A literal enforcement of the provisions of the Zoning By-law would involve
substantial hardship to the Applicant in that a publicly traveled portion of Cliff
Road would be encumbered with multiple easements to maintain public and
private access. The subdivision of the parcel allows the irregular shape to be
subdivided into more regularly configured individual parcels that in some
instances would be potentially absorbed by the abutting private property owners
and thus providing legal frontage for those parcels. The requested relief in this
case, therefore, may be granted without a substantial detriment to the public
good and without nullifying or substantially derogating from the intent and
purpose of the Zoning By-law.
2
6. Accordingly, the Board of Appeals, by a UNANIMOUS vote, GRANTS
the requested relief by VARIANCE pursuant to Nantucket Zoning By-law
Section 139-16A to validate lots created as a result of a subdivision of the larger
parcel for the purposes proposed, and validating Lot B-1 as a separately
marketable and buildable lot apart from all adjacent parcels, upon the following
conditions:
a) The lots shall be created as shown upon Exhibit A; and
b) Lot B-1, and improvements thereon, shall be accorded all the same
legal benefits as a pre-existing, nonconforming lot of record, and
the lot shall be limited to one single-family dwelling with a
maximum ground cover of 1,500 square feet.
SIGNATURE PAGE TO FOLLOW
3
Dated J(fi I~ g
,2009
Nantucket, ss.
COMMONWEALTH OF MASSACHUSETTS
July gr, 2009
On this L day of JV1y, 2009, before me, the undersigned Notary Public,
personally appeared .l!R rtf/1 Kas~q tel C , 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.
~~
Notary Public: {411./ SS4. ,RMdC.IJ'-I
My commission expires:Utllzh #/,}{J/ '5
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: August 14
,2009
To: Parties in Interest and Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No.: 022-09
Owner/Applicant: Town of Nantucket
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.
.~r:ltJ~ ~~
M~chael J. O'Mara, Cha~rman
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
Assessor's Map 40
Parcel 22
Limited Use General-1
192 Cliff Road
Land Court Plan 8852-C, Lot B
Certificate of Title No. 3608
DECISION
1. At a public hearing of the Nantucket Zoning Board of Appeals, on
Thursday, June 11, 2009, at 1:00 P.M., in the Garage Area in the Town Annex
Building, 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following Decision on the Application of TOWN OF NANTUCKET, with a
mailing of 16 Broad Street, Nantucket, Massachusetts 02554, Board of Appeals
File No. 022-09, the Board made the following Decision:
2. Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning
By-law Section 139-16A (Intensity regulations - minimum lot size). Applicant
proposes to divide said to be pre-existing nonconforming Lot B on Land Court
Plan No. 8852-C, which contains about 39,291.2 square feet of lot area, into four
separate parcels. Lot B1 would contain about 12,411 square feet of lot area; Lot
B1.1 would contain about 2,338 square feet of lot area; Lot B1.2 would contain
about 1,695 square feet of lot area; and Lot B2 would contain about 16,792 square
feet of lot area, in a zoning district that requires a minimum lot size of 40,000
square feet of lot area. Lot B1 would be a buildable lot; Lot B1.1 and Lot B1.2
would be disposed of as part of the Town" yard sale" program and would not be
buildable unless combined with another lot; and Lot B2 would be dedicated to
road purposes and become part of Cliff Road. By a positive vote at the 2004
Annual Town Meeting on Article 85, disposal of the parcels was authorized for
affordable housing or any other legal purpose by the Town of Nantucket.
The Premises is located at 192 CLIFF ROAD, Assessor's Map 40, Parcel 22,
shown as Lot B on Land Court Plan 8852-C. The property is zoned Limited-Use-
General-1 ("LUG-I").
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, finding that the Application did not present
any issues of planning concern. The presentation was made on behalf of the
T own of Nantucket by Senior Planner Leslie Snell. There was no public
comment against the Application. There was one letter on file against the
requested relief.
4. The Applicant informed the Board that this variance had originally been
granted in 2007; but, has since lapsed. Further, the Applicant stated that the
subject property is a remainder parcel of land that contains portions of the layout
of Cliff Road, as well as other portions that are not currently used for roadway
purposes. The Applicant explained that the Town proposes to divide the
property into four separate pieces as shown on the proposed "Plan of Land" (the
"Plan") prepared by Nantucket Surveyors, LLC, professional land surveyors,
dated July 20, 2009, a copy of which is attached hereto as Exhibit A. The Plan
shows Lots B 1.1 and 1.2 as thin, unbuildable strips of land that separate
adjoining property from having frontage on Wannacomet Road. The Town
would offer these parcels for sale with priority given to abutting landowners. Lot
B-2 would contain Cliff Road and would be dedicated to road purposes and be
presented to properly laid out by the Nantucket County Commissioners to be
laid out as part of the public way. Lot B-1, containing about 12,411 square feet of
lot area, would remain a separately marketable and buildable lot to be conveyed
to an entity that would maintain it for "the purpose of providing affordable
housing" or "to any other individual or entity for any lawful purpose."
5. Therefore, based upon the foregoing, the Board finds that validating the
lots shown on the Plan as described above, which would include validation of
Lot B-1 as a separately marketable and buildable lot from all adjacent parcels,
would provide a public benefit in that the traveled part of Cliff Road, where it
intersects with Wannacomet Road, would be regularized. The special
circumstances relating to the creation the lots in relationship to the intersecting
roads, natural characteristics, purpose, location, and particularly the irregular
shape of the parcel with the traveled part of Cliff Road bisecting it, are unique
characteristics and do not generally affect other lots in the LUG-1 zoning district.
A literal enforcement of the provisions of the Zoning By-law would involve
substantial hardship to the Applicant in that a publicly traveled portion of Cliff
Road would be encumbered with multiple easements to maintain public and
private access. The subdivision of the parcel allows the irregular shape to be
subdivided into more regularly configured individual parcels that in some
instances would be potentially absorbed by the abutting private property owners
and thus providing legal frontage for those parcels. The requested relief in this
case, therefore, may be granted without a substantial detriment to the public
good and without nullifying or substantially derogating from the intent and
purpose of the Zoning By-law.
6. Accordingly, the Board of Appeals, by a UNANIMOUS vote, GRANTS
the requested relief by VARIANCE pursuant to Nantucket Zoning By-law
2
Section 139-16A to validate lots created as a result of a subdivision of the larger
parcel for the purposes proposed, and validating Lot B-1 as a separately
marketable and buildable lot apart from all adjacent parcels, upon the following
conditions:
a) The lots shall be created as shown upon Exhibit A; and
b) Lot B-1, and improvements thereon, shall be accorded all the same
legal benefits as a pre-existing, nonconforming lot of record, and
the lot shall be limited to one single-family dwelling with a
maximum ground cover of 1,500 square feet.
SIGNATURE PAGE TO FOLLOW
3
Dated: Attjusf /'1,2009
o~
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COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. August X, 2009
On this ~ day of August, 2009, before me, the undersigned Notary
Public, personally appeared P,iA1. ~J't"t(.h~ I 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.
~~-
Notary Public: JltJ1.t'~S(. L. Mp~l"<f
My commission expires: MA.1tJt ,:J~, ~I ~
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