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HomeMy WebLinkAbout039-99TOWN OF NANTUCKET BOARD OF APPEALS To: Parties Decision of following: Date : ~.'11L 7 20 00 NANTUCKET, MASSACHUSETTS 02554 in Interest and_Others concerned with the the BOARD OF APPEALS in the Application of the Application No.: Owner/Applicant: TRUSTEE 039-99 EASTON REALTY TRUST, ROBERT T. WALSH 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. V Nancy Sev ens; Acting- Chairman cc: Town Clerk Planning Board Building Commissioner. PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMT.T AND WILL EXPIRE IF NOT AGTED.UPON ACCORDING`TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS);.§139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 39 20 Greenleaf Road Parcel 50 Land Court Plan 15209-F, Lot 67 LUG-2 Cert. of Title No. 12,359 At a Public Hearing of the Nantucket Zoning Board of Apepals held at 12:00 P.M., Friday, May 14, 1999, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Applicaton of EASTON REALTY TRUST, ROBERT T. WALSH, TRUSTEE, of P.O. Box 127, Nantucket, MA 02554, Board of Appeals File No. 039-99, the Board made the following Decision: 1. Applicant is seeking relief by VARIANCE under Nantucket Zoning Bylaw §139-16A (Intensity Regulations - minimum lot size) to validate an existinag lot as separately marketable from all adjoining parcels. The Lot, containing 77,413+ square feet of area, in a districxt that requirea a minimum lot size of 80,000 square feet, was created from one (1) lot that was subdivided into six (6) lots of similar size in the early 1980's. All lots were certified by a Registered Engineer as containing at least 80,000 square feet when in fact five (5) of the lots contained less. This Board has issued similar relief to three (3) of the other lots contained in said subdivision in Board of Appeals File Nos. 020-93, 063-93 and 064-93. The Locus contains a primary single-family dwelling and a garage structure that contains an apartment with a total ground cover ratio of 3.53/+, below the maximum allowable ground cover ratio of 4~. All other dimensional requirements are met. The Premises is located at 20 GREENLEAF ROAD, Assessor's Map 39, Parcel 50, Land Court Plan 15209-F, Lot 67. The property is zoned Limited-Use-General-2. 2. The Decision is based upon the Application and material submitted with it and the testimony and evidence presented at the hearing. The Planning Board made no recommendation as the matter was not of planning concern. There were no letters on file. 3. Applicant represented that the Lot in question was part of a single parcel which was separated into a six (6) lot subdivision in the early 1980's, when the area was zoned for a minimum lot area of 80,000 square feet. Of the six (6) lots, the plan showed one (1) containing approximately 89,000 square feet, with the remaining five (5) lots all containing 80,000 square feet of lot area. The plan was stamped by a Registered Engineer and recorded in the Land Court. The engineer is deco bankruptcy. The problem is that the square feet of area as certified by about 77,413 square feet, less than of 80,000 square feet. the Nantucket cased, and his small lots do the engineer; the minimum r Registry District. of firm has declared not contain 80,000 they actually contain equired in this district After the plan was recorded, the lots were sold and developed, and the lots are in separate ownership from any abutting land, with most of the lots having been improved with dwellings. Applicant represents that there were no options to cure the defect as there was no possibility of buying a portion of the abutting property, as that lot is also substandard and is benefited by a Variance from this Board as are two (2) of the other lots in the subdivision. The deficiency in lot area was not noticed until after the Applicant had constructed his dwelling and garage/secondary dwelling when the property was resurveyed. 4. Therefore, the Board finds that owing to the particular circumstances relating to this subdivision (the erroneous certification of lot area by a now-deceased Registered Engineer against whom no recourse is available by this Applicant) and the Premises (there being no adjacent, undeveloped land available to make up for the area deficiency), a literal enforcement of the provisions of the Zoning Bylaw relating to the topography of the existing structures, and to minimum lot area, would involve substantial hardship to the Applicant (in that Applicant would be required to demolish the structures contained thereon), and the desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of the Bylaw. The structures were built in compliance with duly issued Building Permits No. 4865-86, No. 5118-86 and No. 5339-87 and demolition of said structures would provide little public benefit. It is evident that the Planning Board contemplated full development of the subject subdivision when it approved the plan and that the owner was not being given any rights not already enjoyed by other owners within the subdivision. The Board further finds that a grant of relief by Variance to validate the Lot as separately marketable and buildable as well as validating the structures on the Lot as presently configured, would not constitute a substantial detriment to the neighborhood. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested relief by VARIANCE under Nantucket Zoning Bylaw §139-16A to validate the Lot as a separately marketable and buildable about 77,413 square-foot lot and the structures contained thereon as shown on the "As-Built Plot Plan" done by Richard K. Earle of Nantucket Surveyors, Inc., dated March 4, 1998, marked as Exhibit A and attached hereto. Dated : ~E~~b 2000 TOWN CLERK'S OFFICE NANTUCKET, MA 02554 APIA 0 7 2000 TIME 3 . UC' n ,,,~ LER}I<: ~ 11 _ RTPi ~ pa YP ~" i A~~/rrl q~A,~xis~~ 3 fad ~~ ~~ nl/F. rte- ~e~. ~r tZ~~u.-r~f 't`om, ~ ~ ~~ Is i.lonl• ~~l~~m~~1G ~~4\ OF MAS~ Q. ~ ~~ ..U~ ~ CURRENT ZONING MAP: ~ ~ `~~ 'ti~K ~ ~ ~ MINIMUM LOT SIZE: 8b,~ ~ ~ RIC KARD MINIMUM FRONTAGE: ~b ~' ~" ~ EARLE N FRONTYARD SETBACK: 3~ ~, No. 29416 0 o y SIDE AND REAR SETB~ a/ ~~ ~ ~ ~F~s/ ~~CFSTER~SJf~~` ALLOWABLE G.C.R.: EXISTING G.C.R.: 3..53 ~ PROPERTY LINES SHOWN ARE TAKEN FROM RECORDED DEED AND PLAN REFERED TO HEREON. BUILDINGS, MONUMENTS, ETC. ARE PLOTTED FROM FIELD MEASUREMENTS. ~., i.. T m ~, ~z ~W ~q .~ w AS-BUILT PLOT PLAN IN NANTUCKET, MASSACHUSETTS SCALE: ~~~ 50~ DATE: 3-4-98 DEED REFERENCE-~..c C~ 12,359 PLAN REFERENCE:I--~~- I~2~'~ ASSESSOR'S MAP 3q PCL. 5'c7 PREPARED FOR: ~6t3~T "~ ~1~~~ NANTUCKET SURVEYORS INC. 5 WINDY WAY NANTUCKET, MA. 02554 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, MAY 14, 1999, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: EASTON REALTY TRUST, ROBERT T. WALSH, TRUSTEE BOARD OF APPEALS FILE N0. 039-99 Applicant is seeking relief by VARIANCE under Nantucket Zoning Bylaw §139-16A (Intensity Regulations - minimum lot area) to validate an existing lot as separately marketable from-all adjoining parcels. The Lot, containing 7,413+ square feet of area in a district that requires a minimum lot-size of 80,000 square feet, was created from one (1) lot that was subdivided into six (6) lots of similar size in the early 1980's. All lots were certified by a Registered Engineer as containing at least 80,000 square feet when in fact five (5) of the lots contained less. This Board has issued similar relief to three (3) of the other lots contained in said subdivision in Board of Appeals File Nos. 020-93, 063-93 and 064-93. The Locus contains a primary single-family dwelling and a garage structure that contains an apartment with a total ground cover ratio of 3.53±~, below the maximum allowable ground cover. ratio of 49b. Ali other dimensional requirements are met. The Premises is located at 20 GREENLEAF ROAD, Assessor's Map 39, Parcel 50, Land Court Plan 15209-F, Lot 67. The property is zoned Limited-Use-General-2. C~ ~~ (~ Dale W. Waine, Chairman •~ LABLE IN LARGE PRINT O~R ~THCR THIS NOTICE IS AVAI • MATS. FOR _ ASSISTANr~_ ,ALL _ _._.~ __ ALTERNATIVE. FOR., _ -- :. -._ . _ - - - - - - _ - ~ S oS~- ~ ~=~ 21 ~ . ..~~ . ,.' ~~~~"'` BoA Foam 1-89 'NANTIICRET ZONING 80ARD.OF APPEALS TOWN AND CODTdTY nIIILDINo Date NANTIICRET, MA 0255d //~~ Q CASE Nor,/-~ / PPLICATION POR RELIEF Owner's name(s): p~?S7~DY~ KQ~'~~~' ~r~ Mailing address: / 4 ~D.C /Z~ /YaNTI.~c~'eT Applicant's name: O~~T 1 K/~ SC i'~'ST~r Mailing address: ~OI~OX /Z7 /ya~TaC~I~T OZSS~`/ Location of lot: Assessor's map and parcel number ,~- 40 SO _ .~ i Street address: C C9~~c~ ~<<'i` / Registry nd Ct Plan, lan Bk & P~g~Yor Plan File ~S~Q_~ I~ot ~¢~ Date lot acquire ~,~_ ~e~-~~f Lam, s~ Zoning district LU~'~ Uses on lot -.commercial:'None _ or MCD?- - number of: dwellings Z duplex- apartments- rental rooms- Building date(s) : all pre-8/72? or //~li~Y&~ C of O._ Building Permit appl'n. Nos. ~~ ~ G Case Nos. all BoA applications, lawsuits: State fully all zoningg relief sought and respective Code sections L1J and subsections, specifically what you propose compared to present U and what grounds you urge for BoA to make each finding per Section 139-32A iP Variance, 139-30A if a Special Permit (and 139-33A ~ p if to alter or extend a noricon~orming use). If appeal per 139-3~A Q O 4 & B _ attach decision or order appealed. OK to attach addendum Lid ~ ~ a~~~ CG ~'.f /3~-/G fl C ~Q_~ ~~._ F~ ~: ;. Is this property within the Public Wellhead Recharge District? Yes No ,+' Items enclosed as part of this Application: orderl addendum2 - Locus map- Site plan- showing present +planned structures Floor plans present proposed- elevatlons (HDC aapproved?_) Listings lot area frontage setbacks- GCR parking data Assessor-certifie3 addressed Tilt 4 sets ma~li'ng labels 2 sets= 200 fee payable to Tos;~n of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr s record to BoA~ I certify that the estect information submitted is substantially complete and t to e t f my knowledge, under the pains and penalties o er SIGNATU Applicant (/ Attorney/agent - 3(If not owner or owner's a torney, enclose proof of authority) FOR BoA OFFICE USE ( /,9~ ~~ Application copies reed: 4~or_ for BoA on~/~~/~ bY____`~C"w One copy filed with Town Clerk on'~f ~~G~'""r by_-,~'~" "~ comp>let~e\?~~ One copy each to Planning Bd and Building Dept~/~~~~~bY_1~- 1-- $200 fee check given Town Treasurer on~~~ by ~~4~`C~Jgwaived?- Hearing notice posted,~/~~mailed~~ I & M~~/<( , ~~~ Hearing(s) on~~_ cont'~~ to~~_, ~_../_ withdrawn?~~_ Decision due by_/~_ made~~_ filed TC~_/_ mailed~~_ ~~ rn c3 ; ~ ~~ oO n i =i. i i ,~ y .L ~J J See related cases _ lawsuits other ADDENDIIM Applicant is seeking relief by VARIANCE under Nantucket Zoning Bylaw §139-16A (Intensity Regulations - minimum lot area) to validate an existing lot as separately marketable from all adjoining parcels. The Lot, containing 7,413+ square feet of area in a district that requires a minimum lot size of 80,000 square feet, was created from one (1) lot that was subdivided into six (6) lots of similar size in the early 1980's. All lots were certified by a Registered Engineer as containing at least 80,000 square feet when in fact five (5) of the lots contained less. This Board has issued similar relief to three (3) of the other lots contained in said subdivision in Board of Appeals File Nos. 020-93, 063-93 and 064-93. The Locus contains a primary single-family dwelling and a garage structure that contains an apartment with a total ground cover ratio of 3.53±96, below the maximum allowable ground cover ratio of 496. All other dimensional requirements are met. ~L , ~I/F A/-LE~/~ gti'A.txi~~~ ~ fa~c ~ 3i6, 9q ~igaZAfE ~~2 O ~r .~ r f i ~~ ; ~\ ~ ~ ~ ,~ ~5'f ( ~ ~ ~~ ~ ~`~_~~ ` ~ ~ 1 ` ~_ ~~ / Q m ~, ~w ~,Q CL ~- 3~'~ ~ti ~oT ~~ is rJorl• ~3t~-4s~zm~,.1r~. CURRENT ZONING MAP: ~,U. C~ ~ MINIMUM LOT SIZE: ~36,~ ~ ~ MINIMUM FRONTAGE: !~'d ~-r" FRONTYARD SETBACK: ~5' fit" SIDE AND REAR SETS K: ice' r-r ALLOWABLE G.C.R.: ~ I ° r ~ EXISTING G.C.R.: x..53 ~ AS-BUILT PLOT PLAN IN NANTUCKET, MASSACHUSETTS ~`~-~ SCALE: (~~ 50~ DATE: 3-~}--98 ss%, `' DEED REFERENCE: ~.c ~r rz,359 RICHARD ~ ~~ PLAN REFERENCE:~.C~L r52o~-F EARLE ~~ ~ ASSESSOR'S MAP 39 PCL. 50 No.2sais o~' PREPARED FOR: ~ECISTER~~~~~`` ~dt3`<+~T T. ~l~~~~ PROPERTY LINES SHOWN ARE TAKEN FROM RECORDED DEED AND PLAN REFERED TO HEREON. BUILDINGS, MONUMENTS, ETC. ARE PLOTTED FROM FIELD MEASUREMENTS. -7741~~ ~~- ~~1_c. NANTUCKET SURVEYORS INC. 5 WINDY WAY NANTUCKET, MA. 02554 N -4' ,o '~ o _- ~R~S~ TOWN OF NANTUCKET ZONING BOARD OF APPEAL. -- l_ _, ~---.~; LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION F ~ W~.~S~ -~--~ PROPERTY OWNER: MAILING ADDRESS :........................................................................................ zv C{,v~e.e:~1. ~2r~:~.....12-~~.......... PROPERTY LOCATION :............................... ASSESSORS MAP/PARCEL:...........V...a°~~..~ -~~~~~ SUBMITTED BY :............................................................................................... SEE ATTACHED PAGES L I certify that the foregoing is a list of persons who are owners of abutting property, owners of land directly opposite on any public or private street or vvay; and abutters of the abutters and all other land ov~•ners within three hundred feet of the property line of owner's property, all as they appear on the most recent applicable tax list. (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139, Section 139-29D (2) ). ...1.S:r ..../..9. ~~.. DA E ASS SSOR'S OFFICE TOWN OF NANTUCKET TOWN OF NANTUCKET • 04/15/99 OWNER'S MAILING ADDRESS LIST 14:03:35 Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location Q039 0049 FOX ALLEN & HARRIETTE 0008 WEST LENOX ST 0018 GREENLEAF RD CHEVY CHASE MO 20815 0039 0048 ROGERS DEBORAH B 0039 WYNCOTE RD 0016 GREENLEAF RD HO HO KUS NJ 07423 0039 00323 *NANTUCKET ISLANDS LAND BANK 22 BROAD ST 0015 GREENLEAF RD NANTUCKET MA 02554 0039 0032 BECKER NATHANIEL & THEO TRSTS 0136 CHICHESTER RD 0017 GREENLEAF RD BECKER FAMILY HOUSE TRUST NEW CANAAN CT 06840 0039 00325 *NANTUCKET CONSERVATION FOUND I PO BOX 13 0021 GREENLEAF RD NANTUCKET MA 02554 0039 0044 ANTUCKET ISLANDS LAND BANK 0022 BROAD ST 0006 WORTH RD NANTUCKET MA 02554 0039 0033 NTUCKET ISLANDS LAND BANK 22 BROAD ST 0155 MADAKET RD NANTUCKET MA 02554 0040 00312 SWEENY CYNTHIA D 20 GRISWOLD ROAD 0015 BISHOPS RISE RYE NY 10580 0040 00313 BONNYAY LASZLO G & ENE T TRSTS 0003 CROCKETT DR 0019 BISHOPS RISE MORAGA CA 94556 0040 00314 PEARL STREET REALTY TRUST PO BOX 236 0023 BISHOPS RISE C/0 WAINE PAUL B & DALE NANTUCKET MA 02554 0040 00311 WAINE MARYANNE C PO BOX 2726 0011 BISHOPS RISE NANTUCKET MA 02584 0040 0032 EVERETT RICHARD M III & CORDEL 0115 PATTON AVE 0020 BISHOPS RISE PRINCE70N NJ 08540 42 ~VERETT RICHARD M III & CORDEL 0115 PATTON AVE 0008 BISHOPS RISE 0040 00 PRINCETON NJ 08540 0040 0030 BIRGE WALTER W III & SUSAN H 0109 STONE ROOT LN 0141 MADAKET RD CONCORD MA 01742 PAGE 1 MUAS75G 9.2 NUMBER OF RECORDS = 14 II -•--- j ~~ ~jy _ ~~r ~ ~ ~ xj,~.~i~s~~~ .yr~'*~ia1s~ t ""~rF."{rk'I.~. ~ `~d?'+~bt ~~): .,P+'a~ .~7 1 Vn.vl.. ,~ ~~ 1 '"' x, ~ ~. ~Y,~ f1 u OL ~• [• 0• L9 M • ro /q ~ /~~( ~o9~aaoi ,~- ~«+ '. r; . .' .~ ~ St 1 LS Cf K Yf •C Lf K 6 9 . - dOSR'ta ~ f~i V O otter ws' ~.'' /1!: ~It~J~yy• ~ _, w tr rr r u or .c c ouuot4x S ~ ttnac3a S K tt of , tt S~ ^i ~ cwvav ~ ,~~p,q e L c rvw ~ ,~ 4 / ~ ~~ ~i ti ~ yx• ~~ ~ ~ ^ ~ 'ssvlll 'aaronawvu `as rr+lauas.rr ~" i w Xi0N1 lliMt i LIIOa7AYM OMr7 OaYaaalA7Y • sllaarlswa 1rMOlffalOYl . ~~ •owu':a~EUOas o~~i~oNOS ,~ tl oy pc( a•s- ~' J•tl tx~ >rJr.1 ~~ ~ ~. ~ s, ,~ ~ o = 4~ li'M y'k1 !1 ~ t ` M Ye/ ~ ~ ~ tl '~.. o t i ~ ~~' Ot-Or 8 L---_-- ~' _ , , si~lll .., t al , ~ ~' xl =NIr1~0 ~ ~~ a , =.10Y1 k F M M~ 3 v a•r :e r ••1 e~ r o •e M ~ oY .- ~,. v `i .A _ .~ r , , o• Yo•- ~Iy Yay H u vo•1 ~ « . ~ IK~M ~ ~ ~~ o - ys•o• •rl ~ <¢ ~ ~ ~~ 1 i i r Yt•It s s•~ ,°I ~~ A .. - ~ - ~ ~ .s j ~ _ e _, (~ • 1 4'~ r 1 s : f~ ~ -. 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