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Home My WebLink About034-99TOWN OF NANTUCKET BOARD OF APPEALS .NANTUCKET, MASSACHUSETTS 02554 Date: April ~~ 1999 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 034-99 Owner/Applicant: WAYNE H. DUPONT AND PATRICIA C. DUPONT 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. c~-~~ Dale W. Waine ~ 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. ;ti NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 6 Kite Hill Lane Plan Book 18, Page 56, Lot 4A; Assessor's Map 42.4.4, Land Court Plan 15206-B, Lot B Parcels 30 and 66 Deed Book 559, Page 174; Residential-Old Historic Certificate of Title No. 18204 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, April 9, 1999, at 1:00 P.M., in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of WAYNE H. DUPONT and PATRICIA C. DUPONT, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 034-99: 2. Applicant is seeking a MODIFICATION of a SPECIAL PERMIT originally granted by the Board of Appeals in File No. 015-78, as modified by decisions in File Nos. 039-84 and 002-98. Applicants request that Condition 6(a), as set forth in Case No. 002-98, be modified so as to allow for the conveyance of a 614± square foot portion of Lot B to an abutter. The remaining portion of the Locus would continue to be merged and used as one (1) building lot. No new building lot would be created as a result of the conveyance. Applicant also seeks relief by SPECIAL PERMIT under Nantucket Zoning By-Law X139-33A.(8)to change the boundaries of a pre-existing lot, nonconforming as to frontage. No new nonconformities would be created, nor will any existing nonconformity be increased. The subject parcel is situated at 6 KITE HILL LANE (also known as 23R West Chester Street), Assessor's Map 42.4.4, Parcels 30 and 66, and consists of the registered land shown on Land Court Plan 15206-B as Lot B and the unregistered land shown on plan recorded with Nantucket Deeds in Plan Book 18, Page 56, as Lot 4A (the "Locus") The Locus is zoned Residential-Old Historic. 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, as it was not a matter of planning concern. There was no opposition presented at the public hearing. 4. The Locus, improved with a primary and secondary dwelling is nonconforming as to frontage. The decision in Case No. 002-98 contained a condition that Lot B would not be conveyed separately from Lot 4A, and that the parcels would be merged as one building lot. The proposed conveyance of a portion of Lot B will not result in any change of the existing nonconformity as to frontage, and the remaining land of Applicant will continue to be merged as one building lot. ~.. 5. Subject to the condition set forth below, the Board of Appeals voted UNANIMOUSLY to modify Condition 6(a) in the decision in Case No. 002-98, in order to allow for a 614± portion of Lot B to be conveyed to an abutter. 6. The Board finds that the change to the configuration of the lot will not be substantially more detrimental than the existing nonconformity to the neighborhood, and further finds that no new nonconformity will be created by the lot change, and that the change will not increase any existing nonconformity. Accordingly, the Board voted UNANIMOUSLY to grant a SPECIAL PERMIT under Nantucket Zoning By-Law X139-33A.(8)to change the boundaries of a pre-existing lot, nonconforming as to frontage. 7. The relief herein is granted upon the following condition: The deed conveying the 614± square foot parcel to the abutter shall contain a provision wherein the Applicant shall reserve an easement for access, as appurtenant to Applicant's remaining land, over that portion of the 614± square foot parcel designated as "Access Easement" Dated: ~~ 1999 .~_® ~'~ ~''~ ~ ~ OFFICE !~Af4T"~ ;<<~ ~ EV1A 02554 ~;'+~ ~ 1999 ~~IMe..__ ___ 3'3.~._~a~~_ '~s~ ~ .~ L f:\wp\dupont\obrien\zba2dec.doc 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 1:00 P.M., FRIDAY, APRIL 9, 1999, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: WAYNE H. DUPONT AND PATRICIA C. DUPONT BOARD OF APPEALS FILE N0. 034-99 Applicants are seeking a MODIFICATION of Condition 6(a) in the SPECIAL PERMIT issued in BOA Case No. 002-98, to allow for the conveyance of a 614± square-foot portion of Lot B to an abutter. The remainder of the Locus would continue to be merged and used as one (1) building lot. No new building lot would be created as a result of the conveyance. Applicants also seek relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A(8) to change the boundaries of a pre-existing lot, nonconforming as to frontage. No new nonconformities would be created, nor will any existing nonconformity be increased. See also BOA File Nos. 039-84 and 015-78. The Premises is located at 6 KITE HILL LANE (also known as 23R Westchester Street), Assessors Map 42.4.4, Parcels 30 and 36, Land Court Plan 15206-B, Lot B and Plan Book 18, Page 56, Lot 4A. The property is zoned Residential-Old-Historic. C~ Dale W. Waive, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR C~THCR ALTERNATIVE. FORMATS _ FOR _ ASS~ISTANC~. LALL _ ~ _~ (SORj~~~~$=721~~ . BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 APPLICATION FOR RELIEF //Date ~1/~ CASE No.l/~- / Y Owner's name(s): Wavne H. Dupont and Patricia C. Dupont Mailing address: c/o Reade, Gullicksen, Hanlev & Gifford LLP Post Office Box 2669. Nantucket, Massachusetts 02584 Applicant's name: same Mailing address: same Location of lot: Assessor's map and parcel number 4244-30 and 66 Street address: 6 Kite Hill Lane, (also known as 23R Westchester St) Registry Land Ct Plan 15206-B, Lot B and Plan Bk 18 Pg 56, Lot 4A Date lot acquired: 1 6 98 Deed Ref Cert.18204 and Book 559, Page 154 Zoning district Residential Old Historic (ROH) Uses on lot - commercial: None X or MCD? _ - number of: dwellings ves 2 duplex- apartments rental rooms Building date(s): all pre-8/72? no, C of O yes Building Permit appl'n Nos. 901-78, 3463-84,4058-85,6016-88, 15809-97,83-98,319-98 Case Nos. all BoA applications, lawsuits: 015-78, 039-84, 002-98 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 X if to alter or extend a nonconforming use). If appeal per 139-31A & B _, attach decision or orders appealed. OK to attach addendumZ Applicant requests a modification of Condition 6(a) in the Special Permit issued in Case No. 002-98, to allow for the conveyance of a 614 square foot portion of Lot B to an abutter. The remainder of the Locus would continue to be merged and used as one building lot. No new building lot would be created as a result of the conveyance. Applicant also requests a Special Permit pursuant to §139-33.A.(8) of the by-law to change the boundaries of a pre-existing lot, nonconforming as to frontage. No new nonconformities will be created, nor will any existing nonconformity be increased. Items enclosed as part of this Application: order _ addendum _ Locus map X Site plan X showing present X + planned -structures Floor plans present _ proposed _ elevations _ (HDC approved? _) Listing lot area X frontage X setbacks X GCR X parking data Assessor-certified addressee list 4 sets X mailing labels 2 sets X $200 fee payable to Town of Nantucket X proof3 'cap' covenant _ 1(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) I certify that the requested information submitted is substantially complete an true to the best of my knowledge, under the pains and penalties erjury. SIGNATURE: f"" Applicant _ Attorney/agent X 3(If not o er or owner's attorn y, enclose proof of authority) FOR BoA FILE USE Application copies recd: 4 or for BoA on - /~~ 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 waive o Hearing notice posted3 ~/°/~Jmailed ~Z~/ I & M 3 Z /~~', ~/~/ /~ Hearing(s) on -/_/_ cont'd to -/_/_ -/_/_ withdrawn? -/_/_ Decision due by -/_/_ made -/_/_ filed TC -/_/_ mailed _/_/_ See related cases lawsuits other f:\wp\dupont\obrien\6kitboa.app W ~ U ~ LL N LL O O ~ V~Y ~ I ~Z Q -' H ~z ~ O Z W '"L~ J ~ r) ~.. :GENO ~.I ~h~ 1 E' ~I~U\\' 11 11.110 L O1 l l l \" ( ) ... NT ~~^^NN``__TT V .....__. - A ^_ N ~ 1 OI ~ i ~~ ' ~ ~ ~ ~ i`I11titi11c~lilltiE'ttti {DCM~1lAL S<o4 11 ~ {001 N t 0 ~ Mel. ~< S<ale ~1~ ~~ _ b ~ M~1N< r~r~ 4244-30 and 66 ZONING CLASSIFICATION: R.O.H, , EXISTING: MIN. AREA: SOOO S.F. 13265fS.F. MIN. FRONTAGE: .5.0. FT• . • $~~ PLAN FRONT YARD S.B.: . ~ ~•. SEE PLAN REAR b SIDE S. B. : ~. Fr• . $~~ PLAN • GROUNd COVER (Xk 5~~. 2044,>r$.F.. (1~.4%) L.C.C. 15206-B Lor B 4143fS.F. 42.4N~F 33.5 HILLERICH 42.4N~F 33.6 MEREDITH 42.4.4-67 N/F FRIIS. 42. NSF-65 RAITH 's ~,~ , ~ ~5~~,~P~F • G~ ~ i c°~~ o~ ~ / 'EXISTING ~ ~~ GRAVEL DRIVE / /~~ 1ti 1 ~~"\\\ ~/ /~~Fj. i ~p~( ~0 / ~ \ 42.N~F 29 KING \~~, ~ i ~ PAINTER ~,~ ~ ~~_-` ~~ ~` 3' CALIPER MAPLE TREE 42.4.~F 33.4 PORTER i i i ~j~ ~ '9-~ 42.4.3- 6 N/F CAMPANELLA >~ . ~~~ PL. BK. 18 PG. 56 LOT 4A 9123tS.F. 42. NSF 31 RAPP 42 NSF -5 O'BRIEN AND NISSAN ~~ \o- 6s rn6, ~~. •~ ~ 'f q .. o~ I CERTIFY, AS OF ! .~~/~/. THAT ~P~ZH OF THE BUILDING(S) IS/ARE LOCATED ON THE ~~ q~ GROUND AS SHOWN HEREON. c° C~ yGm ° ASADOORIAN s No. 33930 4 PROFESSIONAL LANG SURVEY9/R ~~ ~y ~ss,`~~G'/S~TE~~~~,o 31 ~/ / /~ Al LANO~ THIS PL07 PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD N07 BE CONSIDERED A PROPERTY LINE SURVEY. THIS PLAN SHOULD NOT ~E USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS PL07 PLAN IS N07 A CERTIFICATION AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESOR RECORDS. ASSESSOR MAP: ,42.,4;4, ,PARCEL: 30,66 s~ 9`~~g C~~ R~~~ ST BUILDING LOCATION PLAN ~~~ ll ~J ~~~ A IN ~I~~~o 9 SCALE: i"= 30' DATE: JULY 20, 1998 WAYNE H. DUPONT and Owner: .. , PATRICIA, C., DUPONT, , DEED 559-174 PL. BK. 18 PG. 56 Deed:. CERT., 18,204 , Plan:. ~•Cr•~•, J~~0,6-~. . #23R WEST CHESTER STREET Locus: . . . . . . #6, KITE, HILL . BLACKWELL and ASSOCIATES, Inc. Professiorr,al Lamed Surveyors 6 YOUNG'S WAY NANTUCKET, MASS. 02554 (508) 228-9026 NOT TO BE RECORDED B-5023 r TOWN OF NANTUCKET ZONING BOARD OF APPEALS ~Z .ASSESSORS iv1AP/PARCEL:...........`~~..-.~r~U....~....~-O.L?...._ .................. LIST OF PARTIES IN INTEREST IT1 THE MATTER OF THE ~TITION OF PROPERTY OWNER:..... ~~~~:~-...N'..'~... ~:~~~ c.lv~, t ~~ MAILING ADDRESS:.....'... ~,~x;..'.:..y....~.1. ..~!'~,.,^~1..........~ ............. ~ PROPERTY LOCATION:.....~......~.~.~...~"!!.~'....Ir~J.:.........._ ....................... SUBMITTED BY :.......................... SEE ATTACHED PAGES I certif}~ that the foregoing is a list of persons who are owners of abutting propem•, o~~~ners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land o~~-ners ~~ ithin three hundred feet of the propert}• line of o«•ner's propert}', all as they appear on the most recent applicable tax list. (M.G.L. c. 40A, Section 1 1 Zoning Code Chapter 139. Section 139-29D (2) ). ~-~.~ / %......1..~. DATE ~i.'~~ ASSESSOF_'S OFFICE TOVdN OF NANTUCKET `: • 03J15/99 TCWN OF NANTUCKET PAGE 1 14:40:58 OWNER'S MAILING ADDRESS LIST MUAS750 9.1 Map Block Lot Cwner's/Co-Owner's Name Mailing Address/City State Zip Property Location 4244 0032 *NANTUCKET HISTORICAL ASSN PO BOX 1016 OC22 SUNSET HILL LN NANTUCKET MA 02554 4244 0049 SAWB CORPORATION C011 W 19 ST OC24 CLIFF RD r ^GIJ:~c~ ~?,vu1J ~~}~t3 `~ C/0 EROWN R M NEW YOkK NY 10011 4244 0050 SCHILLER LESLIE H & CARL F 1605 SILVER KING DR C2GR CLIr'F RD ASPEN CO 81611 4244 0051 SCHILLER LESLIE H & CARL F 16C5 SILVER KING DRIVE 0022 CLIFF RD ASPEN CO 81611 4244 C053 5EVIER MICHAEL J & LILLIAN R 0712 RUGBY RD 0020 CLIFF RD ~Clvt~~1~ ~~J~ 5? CHARLOTTESVILLE VA 22903 4244 0033 OLSEN DENISE L 0018 CLIFF RD 0018 CLIFF RD NANTUCKET MA 02554 4244 00331 SULLIVAN JAt4ES P & JEAN A 0156 STATE ST 0003 FOLDER LN BOSTON MA 02'09 4244 00332 DAMMERS STEVEN W & JUDITH I 2 WHITE OAK LANE OOGS FOLGEk LN tHAPPAGUA NY 1C514 4244 00333 LASSITER PATRICIA M ONE CONCORD RD 0007 FOLDER LN t•IESTON MA 02493 4244 00334 PORTER STEPHEN TR C/0 PORTER D 1155 21 ST NW OOiO FOLDER LN WILLKIE, FARR, GALLAGHER WASHINGTON DC 20036 4244 00335 HILLERICH WILLIAM A & MARY L 0005 WALDEN CT 0008 FOLDER LN MEDFIELD MA 02052 4244 00336 MEREDITH 4lENDY C 4426 PACES BATTLE NW OOG6 FOLDER LN ATLANTA GA 30327 4244 OG67 FRIIS LAETITIA I 0000 SKY LN 0004 FOLDER LN BREWSTER tvY 1CSC9 4244 0068 FRIIS LAETITIA I 0000 SKY LN 0002 FOLDER LN BREWSTER NY 1C5C9 4244 0069 CHAPMAN JOHN S & ALDYS S GC16 CLIFF RD GCi6 CLIFF RD NANTUCKET MA C2554 4244 0065 RAIT4 ELIZABETH R PO EOX 1173 0005 KITE HILL LN NANTUCKET MA 02554 4244 0064 GOODMAN LORI 38i6 WOODBINE ST v^CC3 KITE HILL W CHEVY CHASE MD 20815 4244 0063 THOMAS MELINDA L 63 MT HOPE ;.VE OOC1 KITE HILL LN JAMESTOWN RI 02835 4244 OC62 GREENBERGER JOHN ETAL TRUSTEES 2370 YGSEMITE DR 0012 CLIFF RD PALM SPRIAGS CA 92264 4244 0025 DiLLARD ANNA-KARIN 30 ROCKEFELLER PLAZA 0086 CENTER ST " ~ J-' S C/0 LAZARD FR~RES & CO NEW YORK NY 10020 4244 G028 BRED LUCY FOWLKES TR 308 I1AIN ST C^.13 W CHESTER ST BREED W CHESTER NOM TRUST HOPKiNTON NH 03229 4244 0029 KING MOMS A PC BOX 235 OG15 W CHESTER ST PAOLI PA 19301 4243 00111 BREED LUCY FOWLKES Tn' 308 MAIN ST 0011 W CHESTER ST BREED W CHESTER NOM TRUST HOPKINTON NH 03229 4243 0006 MAHONEY SEAN 3 CLINTCN ST AP7 2 G021 4i CHESTER ST CAMBRIDGE MA C2139 4243 0005 GSRIEN TH~LMA & NISSAN JOSEPH 0064 NUT MEADOW CROSSING 0023 Vi CHES7~R ST CONCORD MA C1742-4822 4243 OOC4 STOUT KATHERINE & WOLFE ELIZA PO BCX 2233 0024 SUNSET HILL LN & STOUT FREDERICK L III NANTUCKET hiA 02584 • 03)i5/99 TOWN OF NANTUCKET PAGE 2 14:40:58 OWNER'S MAILING ADDRESS LIST MUAS750 9.1 Map Block Lot Owner's/Co-Owner's Name 0041 0029 *NANTUCKET TOWN OF C/0 PARK & REC Mailing Address/City State Zip 0002 BATHING BEACH RD NANTUCKET MA 02554 Property Location 0048 CLIFF RD NUMBER OF RECORDS = 27 03)15/99 15:17:29 Map Block Lot Owner's/Co-Owner's Name 4243 00071 BIERLY L E JR & C P DRAKE 4243 00072 PAINTER SUSAN C TOWN OF NANTUCKET OWNER'S MAILING ADDRESS LIST Mailing Address/City State Zip 220 BOYLSTON ST X9005 BOSTON MA 02116 6 CROCKETT STREET ROWAYTON CT 06853 Property Location 019A W CHESTER ST 0019 W CHESTER ST PAGE 1 MUAS750 9.1 NUMBER OF RECORDS = 2