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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 i,,.r r. 3 ~s5}. 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 0 0 0 g~~RO oC` `~~ ~\ Q - '~'~~ r ,.. SEp 2 X S`~'~j~~v ?0~0 TOWi~'. OF NANTUCKET Tp~ ZONING 30.E OF APPE.=~LSNANTCICK ~°~ E~ ~/l~, r 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) )_ v ~ aa~~ -. f mob' ~,G ~o. ~ SS~SSOR~s of=~c TO~N`'~~ OF NA;~~~TUC;:~~ r 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. ;< ~. . ~ r1 ~~~~~~~~S~~S goA~D ~F pSSE SEp ~' 1244 , ~awN ~~,MR ~PN~uG~ 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)) 9/aa Jo- C2~~G ~~ ~.'.'_= ASSESSOR'S Or iC-= TOV+~~~ OF i~.~.'vTt,JC=:~T 0 .,~ a~ ro O1 W w W W W W W W W W w U GG bG AG P4 AG .14 ~ pfi P4 W .14 N U U U U U U U U U U U W F F F F F F F F F F H ~o 0 w b t ~O d~ N V~ N aN 00 V~ •W V~ [~ Ifl In a0 ~O In r-I lf1 lf1 OD Q If) In O I!1 01 {!1 O N 1(1 1I7 •.i O N N N ~ N O N N N N ~i O O O r1 O ri O O O ~ W o~ z Q w g w~ w ~a aWt ~~~ ~ a ] w ~ ~ ] ~ ~ ] x H ~~~~~~~z~~~~ u N N H 01 ~ m W °w ~' w W ~ [F17 ~ cFiJ F w x a q W oo F~ i ui ~ q W ri U m~ ,N-i z .Oi ~~~ W rn F N 'Z, N ti7 ri F d p; N W 3 O~ O C7 0 3 H~ O p u w w q w a H W b r+1 Oi H l~ b~ o~ o a o w ~ 3 N o ~ .~ N a~ a w a ~, N N ~, a z~ H H H E+ a ~ ,~ ~ ~ U z W ~ w a H W z v a ~ u w F z a ~ H W ~ a ~y 1 r07 qqW W y~ ~" w O E' F w ~S 0 ~ [u ~ U x U U x U H W W 7. H ~ H W H q UF] O W F W W a a }ai H ,~ W W UI a C7 qF w q~ H a W W U F W z~ w o a uWi ~ ~C H `~ ~ u N CA ~ z a~ H~ z~ a v ~ w ~ H `~ `~ z ~ qg w s+ ~ ~ ~ ~ a a u O x U E ..7 ~ h rOj q x~ E .~ q N t+1 'i N ~~ rl rl H t+7 N N N ri ri ri rl ri x U O ri f a ro ~ w w w w ~n ui ui ui ui ,~ ~ ~ m m m m m m m m o~, m m v rn ro a a m N V' ri N N a 0 .~ a, ro V 0 a v U N ro a U U U U U u u u ~i u E E F F V' N d~ V~ V~ ~ ~ ~ ~l ~ •ri N N N N N N o 0 o c o N W W W W A U W U U C ~~ ++ 7 ~ ~ z ti N N H ro v C7 '~ H H ~ ~ a W ~ ~ ~i W H ~z z N 1 // ~ O O U x w v ~I F W ui ri ~ u E a .~ w N z w ~+ H a ~ O ~ O O H w x w a rn o ~ ~ o ~ a ~ ~, a N F a F x a a F ~ a H ai ,7, W F Fa H W O O W ~ ~ O U U U N o a W F w a ~ z F H H ~ H W W W H W W ~ OU z d O ~ ~ h z a w z ~C a x w z a ~ z x ~ F cn ~ c ai .~ R D O a x U O H GJ ~n w io N r+1 H H ri roi w w in in vi m m m m rn _ i 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_