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Home My WebLink About108-98TOWN 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 1:00 P.M., FRIDAY, NOVEMBER 20, 1998, in the CONFERENCE ROOM, TOWN ANNEX BUILDING,. 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: NANTUCKET SETTLEMENTS LAND TRUST, LLC BOARD OF APPEALS FILE N0. 108-98 Applicant is seeking relief by VARIANCE from the Intensity Regulations of Nantucket Zoning By-Law §139-16A (side/rear yard setbacks). Applicant proposes to site a single-family dwelling on a vacant 25,000+ square-foot lot at a point no closer to the northerly side yard lot line and no closer to the westerly rear yard lot line along Jefferson Street than five (5) feet in a district that requires a minimum side and rear yard setback of ten (10) feet for this alleged "Lot of Record". The Lot is said to contain a coastal dune area that may limit the building envelope. The Locus is nonconforming as to lot size having 25,000+ square feet of area in a district that requires a minimum lot size of 120,000 square feet; and as to frontage having 125+ feet along Mitchell Street in a district that requires a minimum frontage of 200 feet. The Premises is located at JEFFERSON/MITCHELL STREETS, OFF MADEQUECHAM VALLEY ROAD, Assessor's Map 88, Parcel 68, Plan Book 2, Page 69, Lot 17 - 26, inclusive, Block 380. The property is zoned Limited-Use-General-2. C,cl ~ c'c~v~ Dale W. Waine, Chairman THlS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE. FORMATS, FOR ASS~ISTANC;E t;ALL _ _._ _! _ - (SO~r..2~8=721. ~_--_ .., .._ --- -- _ -_, __ _ BoA Form 1-89 NANTUCKET ZONINd BOARD OF APPEALS 0~~~3S~z 6 / q~ TOWN AND CODNTY BIIILDINd D~ NAN'PIICKET, MA 02554 CABS No.~ APPLICATION FOR RELYEF Owner's name(s): Nantucket Settlement Land Trust. LLC Mailing address: c/o Issadore & Associates. 17 Accord Park Drive, SttitP Inn, Norwell, MA 02061 Applicant's name: (above listed owner) Mailing address:. (above listed owner's address) Location of lot: Assessor'& map and parcel numbe~aP 88 Parcel 68 Street address: ___ Jefferson Street and off Madeniianham yalla~ R~a~ Registry Land Ct 'Plan, ),'l~n Bk & Pg or Plan File BOOk 2 Lotlan 69 Date lot acquired: 1_/297 Deed Ref 550,_5 Zoning district L.U.G. - 3 Uses on lot - .commercial:' None X orresently vacant lot) MCD? - number of: dwellings- duplex- apartments- rental rooms- Building date(s): all pre-8/72? or C of o?_ Building Permit appl'n. Nos. Case Nos. all 8oA 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 Luke each finding per Section 139-32A X if Variance, 139-BOA if a Special Permit (and 139-33A if to alter or extend a nancon~orming use). If appeal per 139-3~A & B _ attach decision or order appealed. OK to attach addendum . Please see attached Addendum Items enclosed as part oP this Application: orderl addendum2 Locus map x Site plan x showing present +planned structures a Floor plans present proposed ppproved? ). elevat one (HDZ` ~ ,- - Listings lot area~ 3.`rontage setbacks x GCR parking data Assessor- tifi I~s cer ed addressee• t 4 sets z ma~l~ labels 2 sets~• 20 0 fee payable to Town of Nantuoket~~cc pproof cap' covenant (If an appeal, ask Town Clerk~to aend~ldg ComrTS record to BoA~ I certify that the requested information submitted is substantially complete and true to the best of my k~owlsdge, under the pains and RECEIVED TOWN CLERK'S OFFICE penalties of pe ur ~^ NANTUCKET, MA 02554 SIGNATURE: ~/~~ C~ ~~-' Applicant Attorney/agent x Att D i D • N O U 0 4 19 98 orne av d F Aro s ISSA ORE & ASSD ATE 3(If not owner orYOwnOr s at~o~ney, enclose ~~•oo~ of authority) TIME: FOR~Bo~ OFFICE USE Application copies reed: 4_!! or_ for BoA n~~/ Y CLERK: one copy filed with Town Clerk on~~/~C by -c replete?~~ One copy each to Planning 8d and Suildin~ Dept y,~~ S2oo tee check giyeri Town I~jre~surer on,~~ by a/i/ved?_ Hearing notice poSte~_,/1~~~J' mailed,~~ & M~ ~ G ~~ ~=~0 Hearing(s) on___/_/_ oont'~3 to_„/,_/,_, ,_/„_/,_ withdrawn?~~_ Decision due by~,^/_ made-/,-,-/- filed TC_,,,/,-,J,~ mailed~,_/_ See related cases lawsuits ~ other .:mss ~. ~ ADDENDUM TO APPLICATION FOR RELIEF (OCOBER 6, 1998) Owner/Applicant: Nantucket Settlement Land Trust, LLC Locus: Tax Map 88/ Lot 68 Address: Jefferson Street off of Madequecham Valley Road. Nantucket The locus is an approximately 25,000 square foot lot as depicted on the site plan entitled "Plot Plan to Accompany Board of Appeals Application" dated October 1, 1998, submitted herewith. The Applicant seeks a variance from the ten foot setback requirement with regard to the westerly lot line on Jefferson Street and the northerly lot line adjacent to the parcel depicted as Tax Map 88, Lot 69. The Applicant proposes to build a three bedroom single family residence in the northwest corner of the parcel. The proposed residence will be situated with a five foot setback from the westerly and northerly lot lines. The Applicant needs to situate the residence at a location that is the greatest possible distance from the coastal bank in an effort to maximize compliance with Nantucket Wetland Protection Regulations, Section 2.OSB.7. Said provision states in pertinent part as follows: " In areas of eroding shoreline the distance from all buildings to the coastal bank shall be at least 20 time the average annual shoreline erosion or 100 feet, whichever is the lesser. " (emphasis added). The locus is unique in that it is located in an area where there has been a history of an eroding shoreline, while evidence suggests that there has been minimal erosion in recent years. Under the proposed plan, the residence will be located approximately 95 feet from the coastal bank. The grant. of the variance will permit the applicant to substantially comply with the 100 foot setback requirement from the coastal bank. Given that the proposed residence will be within five feet of full compliance of the 100 foot setback requirement, the Applicant will best be able to satisfy the concerns of the Conservation Commission and obtain the required waivers and approvals. 1 ~`~ ~~ The Applicant can satisfy the requirements of Zoning Bylaw Section 139-32 for the following reasons. The locus has unique characteristics in that it is located in an area of historically eroding shoreline, is located in the 100 foot buffer zone from the coastal bank, and is thus subject to the restrictions set forth in Nantucket Wetland Protection Regulations, Section 2.058.7. These particular circumstances do not generally affect the zoning district in which the locus is situated as they only affect certain shoreline lots. A literal enforcement of the ten-foot setback requirement would cause a substantial hardship to the Applicant as the Applicant can not build a conventional sized home that concurrently satisfies the ten-foot setback requirement as well as the 100. foot setback from the coastal bank. Absent a Conservation Commission waiver from the 100 foot setback requirement, the strict enforcement of the ten foot setback requirement will deprive the Applicant of the ability to build the proposed residence on the locus, causing serious economic harm. The grant of the variance permitting a five foot setback, instead of a ten foot setback, will be of minimal incremental impact on abutters and the public at large. Indeed, the owner of the northerly abutting vacant parcel is in a position to locate any newly constructed structure at a distance five feet further north. There is no evidence to suggest that the grant of the variance will be of substantial detriment to the public good as the locus is situated in a remote area, and the proposed use of the locus will be consistent with uses made in the immediate area. Further, the reduction of the setback from ten feet to five feet can not be viewed as a substantial derogation from the purpose or intent of the bylaw. The Applicant seeks this relief under unique circumstances owing to the location of the lot in the coastal bank buffer zone and the imposition of a Wetlands Protection Regulations provision that deprives the applicant of the ability to make beneficial economic use of a substantial portion of the lot. For all of the foregoing reasons, the Board of Appeals should grant the variance. The Applicant reserves the right to submit additional supporting materials at the time of the hearing. s ~ \~\ I ~~ ~ Aim ~u.a-~ EIt1S11l6! ~,~H OF ' A w. ~ ..... I~AOQ u.. YN. FliONfN;E:.....2AP R• . .2P~4Ra#.sf. .~[ TiAN .. can ~i l JEF'FR E Rlart Ywto sa:.... as tt• . .>e~ Per.. ~ Y L NE•Nt k Stl)E 5.9.:....!o,~r., • ,spE PIAr.. ~ ~ AC cTtoulo nowt (xk ....a T:. . ~€ .~.. - KWELL u_+, No • 35388 9 E-. ee-T, T "ow~i ov (s] NANRICIa:T Lz1 ~ C ~ W t~ -7 W ee-2, ~ - -7 E-+ N e } ~p ~ r~ v1 N /~ 70N~N CF ~~~ NANlllp(ET 0 ~ // ~/ 1 W ~ // -'~i ~ 21 PAOPO~D 20 /F DIIPONf ~-~9 ~ BY OTTERS 23 ~ GTNENE aoNn: TR a NVRUCIRT ~ , . ~ a i 19 W ~ `J PROPa6FD ~ • L IAk7vasm ~I1910 ~ _ _ ~ r~ o ' ---•w y~ 1e f ~ ~- '__ ~ i ~ ,eoo oAl 9~ 1 i SETIM: TANG / ARFA ' 23 t 1 I O ~ ' ~ ~ ~ ~ N4lIfA/I f70SIW0 OR aE~ I h / N 7 t~ I ee-n aF ~ ~ ~`~ g Tow" ~' w9mrr~r i i--- ..Tao; a~iwo }q, TO( urE_._ f ,o ~~ /J ~ r ,~/ anew-2o'°° ,i, 1 ~„~d~y • ~ ' ~ 200.00' ~ ~--~ ~ _ "~ Plot Plan to Accompany Board of Appeals Application in ATLANTIC OCEAN Nantucket, Mass. ORIGINAL SN:NEO AND STAMPED COPIES OF THIS PLAN MAY BE SALE: 1•=40' DATE: October 1, 1998 PFIOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTt1CKET REGISTRY OF DEEDS FOR RECORDING PURP06ES. IN CASES OF NANTUCKET $ET~TLEMENT DISCREPENCIES REGARDING INFORNATION CONTAINED HEREON AND LIWD TRUSTS LLC Owner UNAUf110RIZED PHOTtDTCOPIES OF THIS PLAN. ONLY ORIGINALLY , , ... .......... . 5PAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED ETY THE ~ PG. 69 PG• 225 Plan: BK. Deed:BK• ~~ CERTIFYING LANO SURVEYOR. , , , . . THIS e15PFiCIIDN PIAN ttIAS PRFPNiED TO ACCppN11' AN APPl1GTpN TD Tax Nap-Parcel: $$ -. ~$ Lot ~?-2g. ~K: 380 THE WWIUf~T B(14tD OF APPEALS AIO B NOf TO ~ D A F1k1 NS'IRUIFM SURVEY. THIS PUW SHDUID lalf tan To mrsN PaaPrrtlr rsc Locus: AFF.MAAEWlECHAM VALLEY ROAD TIES SHOwN TtE1Y ON q!(diEllf T1FID6 A!D HIAHS ~r.~B~iri ~ ~a~Qd~s, 1flQ ' ' ~ ~ Sy111Ny0Ie TITS IISPECDON PUN 6 NOT A CfRlili A IION AS 1011E 1111E OR orIIIDTSIp aF THE PROPERTY slloMM. owNErs aF AI),IOtTi1C t~LOPEmFS 6 Young s Ilay "~ s~M+1 ^~o~ ~ cuaRO~r Tow11 ~ NAwnlao:T AssESSOR Nantucket, Massachusetts 02554 illiPliW AWL NOT ~ V~ fOA ANY OllIEA P{AIPOii G1NOi TNMI (~ANJ $~8-8OZB R3 MTFIOFD IISE STATED A9OVE. GRAPI~IC SCALE +a a 2a .o eo ,eo ~~. (~ ~~' L`~+kekulA 1 inch - ao tt B-498.68 t BoA Form ~ 2_89 NANTUCKET ZONING BOARD OF APPEALS TOWN.AND COUNTY BUILDING NP?~1TUCXET, MA 02554 ASSESSORS LIST OF PARTIES IN INTEREST PROPERTY OWNER : N ~j~~,~- ~ ~ ~~~~~- ~~ -~(' . 4 ~ pD APPLICANT FOR RELIEF (SAME? ) ~~QG~~(N~~ ~ ~5OL ADDRESS OF PROPERTY : _p~ M~U~,~, V f y ~(, =~ S~r~sr'~ ASSESSORS MAP & PARCEL:__~- ~~ QYggB. S LIST OF PARTIES INCLUDING ADDRESSES*(OR SEE ATTACiiED ) I certify that the foregoing (or the attached ) lists all persons natural or legal, who are owners of abutting property owners or land directly opposite cn any public or private street or way; and abutters of the abutters and all other land owners within three hundred feet of the property line of Owner's property, as they ( and their address) appear on the most recent atiralicable tax list (per M.G.L. c. 40A, Section 11 Zoning Code C~apter 139, Section 139-29D (2)}. 9~~s~9~ Date Assessors Office Town of Nantucket *NOTE: Applicant (petitioner) should include with the lot for which zoning relief is sought, any com~-nonly-owned abutting lots which Night beco:~e_involved in the zoninc . matter. List r..ap and parcels foY eac!~ abutter. __ v ' 09 /15/98 TOWN OF NANTUCKET 14 :01•:07 OWNER'S MAILING ADDRESS LIST Map Block Lot D•wner's/Co-Owner's Name Mailing Address/City State Zip Property Loca tion C088 0065 NANTUCKET SETTLEMENT LAND TR 17 ACCORD PARK STE 100 056R MADEQUECHAM VLY RD C/0 ISSADORE & ASSOCIATES NORWELL MA 02061 0088 0066 *NANTUCKET TOWN OF 0016 BROAD ST 0000 SURFSIDE NANTUCKET MA 02554 0088 0077 *NANTUCKET TOWN OF 0016 BROAD ST 0000 SURFSIDE NANTUCKET MA 02554 C088 0064 *NANTUCKET TOWN OF 0016 BROAD ST 056R MADEQUECHAM VLY RD NANTUCKET MA 02554 0088 0067 *NANTUCKET TOWN OF 0016 BROAD ST 0000 SURFSIDE NANTUCKET MA 02554 0088 0069 *CONTE CATHERINE TR 61 KEITH HILL ROAD 0000 MADEQUECHAM VLY RD GRAFTON MA 01519 0088 0074 *DUPONT WAYNE H & PATRICIA C 96 COUNTRY CLUB WAY 0050 MADEQUECHAM VLY RD IPSWICH MA 01938 0088 0075 *NANTUCKET TOWN OF 001b BROAD ST 0000 SURFSIDE NANTUCKET MA 02554 0088 0076 NELSON NANCY FORSYTH 2 GREGLEN AVE - STE 208 0048 MADEQUECHAM VLY RD NANTUCKET MA 02554 0088 0078 *SM_TTH H C BOWEN & JANET S SHERWOOD MAYOR DR 0046 MADEQUECHAM VLY RD CLAIRBORNE MD 21624 0088 0020 NICKEL WILLIAM ETAL TRUSTEES 0072 NORTH MAIN ST 0054 MADEQUECHAM VLY RD WJN REALTY TRUST SHARON MA 02067 0088 0021 BIKERMAN DAVID ~ NANCY 223 PUDDIN LANE 0052 MADEQUECHAM VLY RD MANSFIELD CT 06250 0088 0072 *NANTUCKET TOWN OF 0016 BROAD ST 0000 SURFSIDE NANTUCKET MA 02554 0088 0073 *NANTUCKET TOWN OF 001b BROAD ST 0000 SURFSIDE NANTUCKET MA 02554 0088 0074 *DUPONT WAYNE H & PATRICIA C 96 COUNTRY CLUB WAY 0050 MADEQUECHAM VLY RD IPSWICH MA 01938 0088 0071 *NANTUCKET TOWN OF 0016 BROAD ST 0000 SURFSIDE NANTUCKET MA 02554 0088 0070 *NANTUCKET TOWN OF 0016 BROAD ST 0000 SURFSIDE NANTUCKET MA 02554 PAGE 1 MUAS750 8.5 NUMBER OF RECORDS = 17