HomeMy WebLinkAbout084-00TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: December /~ 20 00
To: Parties
Decision of
following:
in Interest and. Others concerned with the
the BOARD OF APPEALS in the Application of the
Application No.:
Owner/Applicant:
084-00
CLARE C. JOHNSON AND THOMAS S. JOHNSON
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.
4
Michael J. 0'M a, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET
ZONING BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
37 Washington Street
Nantucket, Massachusetts 02554
Assessor's Map 95, Parcel 15; Assesor's Tuckernuck Island
Map 94, Parcel 2 (part)
No plan of record for principal lot; Principal lot,
land to be annexed is Lot 4B on plan Book 525, Page 185
in Cabinet B, Glide 344 LUG-3
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, November 17, 2000, at 12:00 noon, in the
Conference Room, in the Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, the Board made the following
decision on the application of CLARE C. JOHNSON and THOMAS S.
JOHNSON, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post
Office Box 2669, Nantucket, Massachusetts 02584, File No. 084-
00:
2. The applicants are seeking relief by SPECIAL PERMIT
under Nantucket Zoning By-law X139-33.A(8), to enable them to
combine their existing lot, as described in deed recorded with
Nantucket Deeds in Book 525, Page 185, and having no plan of
record (the "Existing Parcel") said to pre-exist the Nantucket
Zoning By-law in separate ownership as a "lot of record",
containing about 15,260 square feet in lot area, having no street
frontage, and improved with a single-family dwelling, with a
parcel of vacant land containing about 14,153 square feet in
area, now owned by the Tuckernuck Land Trust, Inc., by virtue of
deed recorded with Nantucket Deeds in Book 649, Page 213, and
shown as Lot 4B upon a plan by Emack Surveying dated May 12,
2000, recorded with Nantucket Deeds in Cabinet B, Glide 344 (the
"Vacant Parcel"). The resulting combined lot (the "Locus") would
have an area of about 29,413 square feet. The minimum lot area
required in this zoning district is 120,000 square feet, and the
minimum frontage is 200 feet. No new nonconformities would be
created. The Locus is situated on Tuckernuck Island and has no
street address. The Existing Parcel is shown upon Nant~icket
Assessor's Map 95 as Parcel 15, and the Vacant Parcel is a
portion of the land shown upon Nantucket Assessor's Map 94 as
Parcel 2. The Locus is situated in a Limited Use General-3
zoning district.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. The Planning Board
recommendation was favorable to the granting of relief. Except
for the presentation by the applicants' representative, there was
no support nor opposition presented at the public hearing.
4. As presented for the applicants, the Existing Parcel has
been a lot in separate ownership from all adjacent land, with a
dwelling thereon, since a time prior to the initial adoption of
the Nantucket Zoning By-law. The Tuckernuck Land Trust, Inc a, a
nonprofit land conservation organization ("TLT"), has recently
1
acquired a parcel of land adjacent to the Existing Parcel,
containing about 188,707 square feet and with a travelled way
known as "Dunham Road" running through it. TLT is willing to
convey the Vacant Parcel, a portion of its land containing about
14,153 square feet adjacent to the Existing Parcel, to the
applicants, upon the condition that the Vacant Lot will be merged
with the Existing Lot as a single lot for zoning purposes and
will not constitute a separate lot. Under Nantucket Zoning By-
law ~~139-33.A(8), no change in the size, shape, boundaries or
frontage of a pre-existing, nonconforming lot may be done except
only pursuant to a Special Permit issued based upon a finding
that the proposed change will not be substantially more
detrimental than the existing nonconformity to the neighborhood,
and provided further that no new nonconformity shall be created
nor any existing nonconformity increased. The applicants
accordingly have requested relief by Special Permit under this
provision in order that the Existing Lot will not, by the change
in its size, shape and boundaries resulting from the annexation
of the Vacant Lot, lose its protected status as a pre-existing
nonconforming lot of record.
5. Since the result of the proposed annexation and merger
of the Vacant Lot with the Existing Lot will be the increase in
size of the merged Locus over the size of the Existing Lot, the
Board of Appeals UNANIMOUSLY made the finding that no new
nonconformity would be created and no existing nonconformity
would be increased, and that the change would not be
substantially more detrimental to the neighborhood than the
existing nonconformity; in fact, that the result of the merger,
by creating a larger and less nonconforming lot, would be a
benefit to the neighborhood. Accordingly, the Board of Appeals
UNANANIMOUSLY voted to GRANT the requested relief by SPECIAL
PERMIT, to allow the merger of the Existing Lot with the Vacant
Parcel, subject to the condition that the Vacant Lot shall not
constitute a separate building lot and that the Existing Lot and
the Vacant Lot shall be merged together to constitute the Locus
as a single building lot.
Dated: 1~C~mber ~f 2000
Nlai~~ !',_~~..~~ t:: ; , ~~1,"~ 072554
DEG ~. 1 L~DQ
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F:\WP\JOhnson\Clare\TLT ZBA DEC.doc
2
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON 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 12:00 P.M., FRIDAY, NOVEMBER 17, 2000, IN THE
CONFERNECE ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON
STREET, NANTUCKET, MASSACHUSETTS, ON THE APPLICATION OF THE
FOLLOWING:
CLARE C. JOHNSON AND THOMAS S. JOHNSON
BOARD OF APPEALS FILE NO. (084-00)
Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning
Bylaw Section 139-33A(8), to enable them to combine their said to be pre-existing
nonconforming "lot of record", containing about 15,260 square feet of area, having no
street frontage, and improved with asingle-family dwelling, with a parcel of vacant land
containing about 14,153 square feet of area. The vacant parcel of land is owned by the
Tuckernuck Land Trust, Inc. and shown as Lot 4B on a plan recorded with Nantucket
Deeds in Cabinet B, Glide 344, and in Deed Book 649,Page 213. The resulting Lot would
have an area of about 29,413 square feet. The minimum lot size required in this district is
120,000 square feet and the minimum frontage is 200 feet. No new nonconformities
would be created.
The Premises is located on TUCKERNUCK ISLAND, Assessor's Map 95, Parcel
15, and Map 24, Parcel 2 (portion), Deed Ref. 525/185. The property is zoned Limited-
Use-General-3.
~ ~~
Michael J. O' Mara, airman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228-7215.
BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS October 4. 2000
37 WASHINGTON STREET Date
NANTUCKET, MASSACHUSETTS 02554 ~
CASE No . -~~/ 1L
APPLICATION FQR RELIEF
Owner's name(s): Clare C. Johnson and Thomas S. Johnson
Mailing address: c/o Reads. Gullicksen, Hanley & Gifford LLP
Applicant's name: Same
Mailing address: P. O. Box 2669, Nantucket. Massachusetts 02584
Location of lot: Assessor's map and parcel number 95-15: 94-2 (Part)
Street address: Tuckernuck Island
No plan of record for principal lot; land to be annexed is Lot 4B on plan
recorded with Nantucket Deeds in Cabinet B, Glide 344
Date lot acquired: 11/27/96 Deed Ref 525/185 Zoning district LUG-3
Uses on lot - commercial: None x or MCD? _
- number of: dwellings 1 duplex _ apartments _ rental rooms _
Building date(s): all pre-8/72? x or _ C of O? _
Building Permit appl'n Nos.
Case Nos, all BoA applications, lawsuits:
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
139-32A _ if Variance, 139-30A x if a Special Permit (and 139-33A
_ if to alter or extend a nonconforming use). If appeal per 139-31A
& B _, attach decision or orders appealed. OK to attach addendum'
The applicants request a Special Permit under Nantucket Zoning By-law ~139-
33.A(S), to enable them to annex to their pre-existing nonconforming lot of
record, containing about 56 rode [15,260 square feet] and having no street
frontage, which has been in separate ownership from all adjacent land since prior
to the effective date of the Nantucket Zoning By-law and is improved with a
dwelling, a parcel of vacant land containing about 14,153 square feet, shown as
Lot 48 on plan recorded with Nantucket Deeds in Cabinet B, Glide 344, now owned by
Tuckernuck Land Trust, Snc., by virtue of deed recorded with Nantucket Deeds in
Book 649, Page 213. The combined lot would have area of about 29,413 square feet.
The minimum lot area in this Limited Uae General-3 zoning district ie 120,000
square feet, and minimum frontage is 200 feet.
tai ~ ~ l
~~_ ~ r
Items enclosed as part of this Application: orderl_ addendum' _ 1` s
Locus map x Site plan _ showing present _ + planned _ structures ~+"~~
Floor Tans resent _ v ~ ' ~= C
p p _ proposed elevations _(HDC approved. _) ~; r: Q
Listing lot area x frontage x setbacks _ GCR _ parking data _ `~ n;`~
Assessor-certified addressee list 4 sets x mailing labels 2 sets x ~ _- ,,° v,~ ;'
$20o fee payable to Town of Nantucket x proof' 'cap' covenant _ l;,:r.?.`4 ~
1(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) ~' ~ ~ ~
J ~' -1;~
~° ;~ ..
I certify that the requested information submitted is substantially ~~ ~ ~ }~
C.? ~
complete and true to the best of my knowledge, under the pains and ~-,~
penalties of perj y. Ci. ~"` "
~ ..
7'~. ~ 1
SIGNATURE: ~ Applicant _ Attorney/agent x ~.
'(If not owner or owner's attorney, enclose proof of authority)
FOR B A OFFICE USE /~,~
Application copies reed: 4 or fo ~BoA on l(//~~ by
One copy filed with Town Clerk on ~/~/~ by complete
One copy each to Planning Bd and Building Dept. by
$200 fee check given Town Treasurer on ~/ by waived?
Hearing notice posted`/~Ca mailed ~ I & M / ~j~~
Hearing (s ) on _/_/_ cont' d to _/_/_, _/_/_ withdrawn? _/_/_
Decision due by '/_/_ made _/_/_ filed TC _/_/_ mailed _/_/_
See related cases lawsuits other
P:\WP\Johnson\Clare\TLT ZBA APP.doc
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ZONING 30.E OF APPE.=~LSNANTCICK ~°~
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LIST OF PARTIES IN I?TTERES T t`N T'r.-:,MATTER OF T}iE PETITION OF
PROPERTY OWNER:. _...Tucker..~luck..Land.-'~~'ust ......................................
c/o Reade, Gullicksen, Hanley & Gifford, LLP
MAILING ADDRESS:.. .PO..Box_2f69,...Nantucket.,..MA..v2584...._....._
PROPERTY LOCATIO\: Z`L?ckernuck
ASSESSORS MAP/1'ARCEL:...Map..9.4,l.Parcel.-2 ..........................................
SUBM1TTi/D BY:..-.Reade,..-Gullicksen,..Hanley-.&.-Gifford,,. LLP._- ...
SSE Ai`ii ACHED PAG1=S
~ Cerllf)' I}lcI ihC iOfC~OI!'O_ :S ~ 1151 G: ~e~SO.^.S \v}lO ire o~~~ers O~cbut~in~ p~O}7eT~', O'~~'?°.`S O' 1~...
d~recti~ opposite on uIl)' ?: 'c ;:i;C Or pii~'cte Si(eeI O( ~~'c~; z~c 2bu;~ers of the 2vUtierS 2n~ ~.: C,'::.°'
1znG o»ners ~~ithin three ::n~red eei ort:~:e propert~~ line o' o~~'ner's propert}', ail as they ~~~°~-
on the most recent applic~~:-'~ tz_~: iis__ ;'~'.G ± . c. 40:x, Seciion 1 1 Zoning Code Ch~p:er '- 39_
SectlO ? 139-29D (2) )_
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SS~SSOR~s of=~c
TO~N`'~~ OF NA;~~~TUC;:~~
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T_'_~IFORMATION REQUEST FORM
Assessing Office, 16 Broad Street, Nantucket, MA 02554
(508} 228-7211,
APPLICANT
Date ~_/~ / ;,;, Pick-up [X ] Return by Mail {
Name ~ _ Reade, Gullicksen, Hanley & Gifford, LLP
Address Post Office Box 2669
Nantucket S to to - Massachusetts
City _
~~honc _ ( 508 ) _228 - 3128 Z~c _ _x2584
SC3JEc'T YROPErc`i'Y
Map ~ _ 94 Parcel ; 2 Fiscal Year = 2vw
Owner _ Tuckernuck Land Trust
Address _ Tuckernuck
TYPE OF INFORMATION
1. Abutter's List_..($11.00 per hour or part thereof)_.__[X]
a. Board of Health ................... [ j
b. Conservation Commission._.__:.__.__[ j
c_ Liquor License._.____ ._...___.__.j ]
d. Zoning Board of Appeals..__________LX]
2. Property Card__..($ 1.00 ea.) ..........................[ J
3. Maps-------------($11.00 per hour or)_.___.___-..... [
a. Full Size___($3.00 ea.)..........._[ ]
b. Index...____($1.50 ea_)____.___..._[ ]
b. Letter Size_($0.25 ea.)._______..._[ ]
4. Topographic Map..($11.00 per hour or $3.00 ea.)_..___[ j
5_ Sales Report_.___($1.00/page) .........................[
6. Other__.____.___.(511.00 per hour or part thereof)___.~ ]
Explain:
Allow ten (10) days for processing. Payment is due upon
return of information requested. This is not a receipt.
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TOWN OF NANTUCKET
ZONING BOARS OF APPE.~.S - -
LIST OF PARTIES I1~' INTER~.ST 11' T'rr. MATTER Or TI7'-E PE`I-1 T IOi~' Or
PROPERTY OWNER..-..Thomas and Clare Johnson
c/o Reade, Gullicksen, Hanley & Gifford, LLP
av1A]LING ADDRESS:....PO.-Box.2669.,...Nantucket-,..I!'IA-.C258~-.--.-.....--
PROPERTY LOCATION:.......~'!~?ckernuck
ASSESSORS MAP/PARCEL=...1\:>aP..95/parcel.l5
SUBMITTED BY:._..._. Reade, Gullicksen, Hanley & Gifford, LLP
SEE ATTACHED PAGES
1 CCrtl~' (hat ilaC iOrC~OIr?~ :S ~ 11Si C° ~,CrSO::S R'Ii0 are G\\:,erS OlcbUti1712 .prOpC:i:v, G',\'nC'S O' '`._.
directi\• opposite on any su;:lic o; p,n\•ate street or \\•a~; Inc zbu:~ers of t't;e abutters and ~. c:~.~~
land o\\ners \\ithin three f,•~~:dred ;ee: ort;.e roperr~ line o o~\~ner's prope~~}~, aii ~s they ~ _~.
on the most recent app?ica~t'e :z~: iis:_ ;~i_G_L. c. 4i1A, Sectio:: 1 1 Zonm~ Code Ci~:~~~~:e: ! ~;-.
Section 139-29D (2))
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T_'_~IFORMATION REQUEST FORM
Assessing Office, 16 Broad Street, Nantucket, MA 02554
(508) 22.8-7211.
Date
idame
Address
City
_~honc
Map
Owner
Address
APPLICANT
- 9 / 2v / 00 Pick-up [ X] Return by Mail { ]
_ Reade, Gullicksen, Hanley & Gifford, LLP
_ Post Office Box 2669
Nantucket S ~_ate ~
: (5~8 ) 228-328 Z~c
• SII3JEC:T PROPETti'Y
_ 95 Parce 1 r : 15
Thomas and Clare Johnson
Tuckernuck
1
x2584
- - ~.
Fiscal Year :2vv0
TYPE OF INFORMATION
1_ Abutter's List_._($11.00 per hour or part thereof)____jX]
a_ Board of Health ....................j ]
b. Conservation Commission__.__.___.__j ]
c. Liquor License._.__.. ._.._._.._..[ ]
d_ Zoning Board of Appeals._._.._.._._jX]
2. Property Card._--($ 1.00 ea.)--------------------------j
3. Maps .............($ll.oo per hour or)_________________j.]
a. Full Size... ($3.00 ea_)__________._[ )
b_ Index_._____($1.50 ea_)___..____.._j ]
b. Letter Size.($0.25 ea.)___._____._j ]
`4. Topographic Map..($11.00 per hour or $3.00 ea_)_...__j ]
5_ Sales Report.._._($1.00/page) .........................j ]
6. Other.____.__.___($11.00 per hour or part thereof)____j ]
Explain:
Allow ten (10) days for processing. Payment is due upon
return of information requested. This is not a r-eceipt_