HomeMy WebLinkAbout036-10 Colson, Nancy~a
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TOWN OF NANTUCKET `~ ~~
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BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
APPLICATION
Fee: $300.00
File No. ~ -10
Owner's name(s): Nancy Colson
Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP
Phone Number: 508-228-3128 E-Mail: air@readelaw.com
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Applicant's name(s): Same
Mailing Address: 6 Young's Way, Post Office Box 2669, Nantucket, Mass. 02584
Phone Number: E-Mail:
Locus Address: 9 Hallowell Lane Assessor's Map/Parcel: 30-14,15 and 257
Plan and Lot Reference: Land Court Plan 12022-H, Lot 30-A; Land Court Plan 12022-Q, Lot
47; unregistered land shown upon Land Court Plans 12022-P and Q
Tide Reference: Certificate of Title No. 14549; deed recorded in Book 350, Page 225
Zoning District: Residential-20
Uses on Lot- Commercial?: No If yes, describe
Residential: Number of dwellings on lot Two Number of dwelling units Two
Date of Structures: all pre-date 7/72? No If not, when built?
Building Permit Numbers: 2002-1421
Previous Zoning Board Application Numbers: 056-83; 073-90 .
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
F:\iqc\consox\sea s~ii.cactoo to: acne 2oio.aoes
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State below or attach a separate addendum of specific special permits or variance relief applying for:
The applicant proposes to remove the existing secondary dwelling
upon the locus and replace it with a new secondary dwelling, mainly
within the existing footprint but with an enlargement in ground
cover of about 60 square feet. The existing ground cover upon the
locus is about 3,800 square feet, and would be increased to 3,860
square feet. The lot area of the locus has fluctuated over the
years as a result of coastal erosion and accretion, now being about
28,050 square feet, for a ground cover ratio at present of about
13.6; the applicant proposes to increase that to about 13.8.
Maximum ground cover ratio in this district is 12.5$. Present
improvements upon the locus were based upon a 2000 survey, which
showed lot area at that time to be about 31,070 square feet, for a
ground cover ratio of about 12.3. The erosion of the shoreline
since 2000 has rendered the pre-existing structures nonconforming
as to ground cover. Accordingly, the applicant requests Special
Permit relief under Nantucket Zoning By-law § 139-33.A, for
alteration of her pre-existing, nonconforming conditions upon the
locus. In the alternative, the applicant requests a Variance from
the provisions of By-law ~ 139-16.A (Intensity Regulations - Ground
Cover Ratio). Previous Variance relief in File No. 056-83
permitted the construction of the existing secondary dwelling
within 12 feet of the principal dwelling; no specific required
separation was set forth in that decision. The decision in File
No. 073-90 allowed the dwellings to be connected by a deck. The
existing setbacks of the structures from Lot Lines will not be
affected by the proposed work.
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
SIGNATURE: Nancy Olson Owner*
sy:
• ~rit/Attorney/*
A ur I. Reade, Jr., Attorney
OFFICE USE ONLY
Application received on:_/_/_ By: Complete: Need Copies:
Filed with Town Clerk:-/_/_ Planning Board:-/_/_ Building Dept.:_/,_ By:_
Fee deposited with Town Treasurer:~_/_ By:_ Waiver requested:
Granted:-/-/_ Hearing notice posted with Town Clerk:,~_ Mailed:-/-/-
I&M_/_/_ &_/_/_ Hearing(s) held on:_/_/_ Opened on :_/_/_
Continued to:_/_/_ Withdrawn:-/_/_ Decision Due By:_/_/_
Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:-/_/_
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
F:\TfpC\COLBOtl\LBi applieaYio¢ for June 2010.doox
Town of Nantucket Web GIS -Printable Map Page 1 of 1
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Address 9 HALLOWELL LN y~ '~
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Owner COLSON NANCY
C/O SCHWARTZ ALAN D NOT A LEGAL DOCUMENT
BEAR STEARNS & CO
383 MADISON AV For general reference only: Important
NEW YORK, NY 10179 f caveats which must be considered when
Sale Date 09/04/1990 using this data are available from the
Nantucket GIS Coordinator.
Sale Price $2,000,000
:..D..i.$da{Itter The information displayed on this or
BOOk/Pa a
9 00014/ 549 any other map produced by The Town of
'. LOt SIZe 0.64 acres ` Nantucket is far reference purposes only. The
Town of tdantucket does not guarantee the
'+ accuracy of the data. Users are responsible for Town of Nantucket, Massachusetts
'; determining the suitability fa' individual needs.
All information is from ttre Town of Nantucket Map Composed
!' Geographic Information System (GI51 database. 5/13~2~1~
Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo
http : //host. appgeo. com/nantucketma/Printab leMap. aspx?Preserve=Width&MapWfdth=172... 5/ 13/2010
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YR 2009=28050± sf
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CURRENT ZONING: R-2 SMACK N NANTUCKET, MASSACHUSETTS
MINIMUM LOT SIZE: 20..,000 sf -~ *-v. ~
9 ~~° SCALE: 1"=30' DATE: SEP 8, 2009
MINIMUM FRONTAGE: 75 ft ~ °~~~ '~tc~sT~R`~°~~~`"
FRONTYARD SETBACK: 30 ft s~~wat ~n o'
SIDE AND REAR SETBACK: 10 f
ALLOWABLE G.C.R.: 12.5
EXISTING G.C.=3830 + sf r '~
G.C.R.: 12.4 ± (based on yr 2000 lot area )
G.C.R.: 13.7 ± (based on yr 2009 lot area )
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A TITLE
EXAMINATION OR A RECORDABLE SURVEY.
N.B. 09
~EED REFERENCE: LC CERT.# 14549
and DEED BK 350, PAGE 225
PLAN REFERENCE: LC PL 12022-H
and LC PL 12022-Q
ASSESSOR'S REFERENCE:
MAP: 30 PARCELS: 14, 15, & 257
PREPARED FOR: NANCY COLSON
SMACK SURVEYING
2 WASHAMAN AVENUE
NANTUCKET, MA. 02554
(508) 325-~94U
J-399
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FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
~ ,~j RELIES ON CURRENT DEEDS AND PLANS OF RECORD,
' \ ~,1~JTUC TM sIFIPLAN IS NOT REPRESENTED TO BE A n~EREON.
~ ~,~i ~ EXAMINATION OR A RECORDABLE SURVEY.
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TOTAL LOT AREA
YR 2000=31070 ± sf
(INCL. ACCRETION)
YR 2009=28050 ± sf
(INCL. ACCRETION & EROSION)
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DWELLING DOES NOT CONFORM TO SST)
CURRENT ZONING REQUIREMENTS WITH
RESPECT TO FRONT YARD SETBACK.
CURRENT ZONING: R-20
MINIMUM LOT SIZE: 20,000 sf
MINIMUM FRONTAGE: 75 ft
FRONTYARD SETBACK: 30 ft
SIDE AND REAR SETBACK: 10 ft
ALLOWABLE G.C.R.: 12.5
EXISTING G.C.=3800 ± sf (3290+_ sf main house/
/510 ± sf cottage, estimated to foundations)
G.C.R.: 12.3 ± (based on yr 2000 lot area)
G.C.R.: 13.6 ± (based on yr 2009 lot area)
PROPOSED G.C.=3860± sf 3290_ sf main house
/570± sf cottage, estimated to foundations)
G.C.R.: 12.4 + (based on yr 2000 lot area)
G.C.R.: 13.8% - (based on yr 2009 lot area)
N.B. 09
DHCB
FND / f-
.-
PLOT PLAN TO ACCOMPANY APPLICATION
TO ZONING BOARD OF APPEALS IN
NANTUCKET, MASSACHUSETTS
SCALE: 1 "=30' DATE: MAY 10, 2010
DEED REFERENCE: LC CERT.# 14549
and DEED BK 350, PAGE 225
PLAN REFERENCE: LC PL 12022-H
and LC PL 12022-Q
ASSESSOR'S REFERENCE:
MAP: 30 PARCELS: 14, 15, & 257
PREPARED FOR: NANCY COLSON
SMACK SURVEYING
2 WASHAMAN AVENUE
NANTUCKET, MA. 02554
(508) 325-0940
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TOWN OF NANTUCKET '°
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: Auaust 27, 2010
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 036-10
Owner/Applicant: Nancy Colson,
c/o Reade, Gullicksen, Hanley and Gifford, LLP
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 a
complaint in Land 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 iven to the Town Clerk so
as to be received within such TWENTY~~ da4~.
ole, Chai
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 30, Parcels 14, Land Court Plan 12022-H, Lot 30-
15, and 257 A; Land Court Plan 1022-Q, Lot
47; unregistered land shown on
Land Court Plans 12022-P and Q
9 Hallowell Lane
Residential - 20
DECISION:
Certificate of Title No. 14549
Book 350, Page 225
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, July 8, 2010, at 1:00 P.M., at 2
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of NANCY COLSON, c/o Reade,
Gullicksen, Hanley, and Gifford, L.L.P., 6 Young's Way, Post
Office Box 2669, Nantucket, MA 02584, File No. 036-10:
2. Applicant is requesting Special Permit relief pursuant
to Nantucket Zoning Bylaw Section 139-33.A. (alteration of
preexisting, nonconforming structure) in order to remove the
existing secondary dwelling upon the locus and replace it with a
new secondary dwelling, mainly within the existing footprint;
but, with an enlargement in ground cover of about sixty (60)
square feet. The lot area of the locus has fluctuated over the
years as a result of coastal erosion and accretion. Accordingly,
the ground cover is presently 13.60 in a zoning district that
requires a maximum ground cover ratio of 12.5%. The Applicant
proposes to increase the ground cover ratio to 13.80 with this
proposed addition. In the alternative, the Applicant is
requesting Variance relief pursuant to Nantucket Zoning Bylaw
Section 139-32 (variances) from the intensity regulations in
Section 139-16 (intensity regulations - ground cover) to allow
the work to be performed. The site is located at 9 Hallowell
Lane, is shown on Nantucket Tax Assessor's Map 30 as Parcels 14,
1
15, and 257, is shown as Lot 30-A on Land Court Plan 12022-H, Lot
47 on Land Court Plan 12022-Q, and the unregistered land shown
upon Land Court Plans 12022-P and Q, is registered as Certificate
of Title No. 14549 at the Nantucket County Registry District of
the Land Court, and title to the unregistered portion is recorded
at the Nantucket County Registry of Deeds in Book 350, Page 225.
The site is zoned Residential - 20.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. There was no Planning Board
recommendation, on the basis that no matters of planning concern
were presented. No abutter comment was received either in favor
or in opposition to the application.
4. Attorney Arthur Reade represented the Applicant.
Attorney Reade explained to the Board that the Applicant is
requesting Special Permit relief pursuant to Nantucket Zoning
Bylaw Section 139-33.A in order to remove the existing secondary
dwelling on the locus and replace it with a new secondary
dwelling. The proposed secondary dwelling will be mainly within
the existing footprint; but, will have an enlargement in ground
cover of about sixty (60) square feet.
Attorney Reade informed the Board that existing ground cover of
the locus is about 3,800 square feet and would be increased to
3,860. The lot area of the locus has fluctuated over the years
due to coastal erosion and accretion. The current lot area is
about 28,050 square feet in a zoning district that requires a
minimum lot size of 20,000 square feet. The present ground cover
ratio is 13.60 in a zoning district that has a maximum ground
cover allowance of 12.50. The proposed addition will increase
the ground cover ratio to approximately 13.80.
Attorney Reade stated that the Locus is subject to two existing
variances (ZBA Decision Nos. 056-83 and 073-90) which addressed
the 12 foot scalar separation between primary and secondary
dwellings.
Nonetheless, the present improvements upon the locus were based
upon a survey from the year 2000 which showed the lot area to be
31,070 square feet for a ground cover ratio of 12.30 -- thereby
conforming to the 12.50 ground cover ratio of the Residential -
20 zoning district. The coastal erosion of the shoreline since
2000 has subsequently rendered the locus pre-existing
nonconforming as to ground cover.
2
5. Therefore, after a discussion with the Applicant and
counsel for the Applicant, the Board finds that such an
alternation would not be substantially more detrimental to the
neighborhood than the existing nonconformity, because but for the
erosion that has occurred during the last 10 years, the Applicant
would be allowed to increase the ground cover by 60 feet by right
and still be conforming to the intensity regulations in the
Residential - 20 zoning district.
6. Accordingly, by a vote of FOUR in favor and ONE
abstaining (O'Mara abstained), the Board of Appeals made the
finding that the alteration of the pre-existing, nonconforming
structure upon the locus as proposed would not be substantially
more detrimental to the neighborhood than the existing conditions
and therefore granted the requested relief by Special Permit,
with the following condition:
That the work shall be done in substantial conformity with the
plan entitled "Plot Plan to Accompany Application to Zoning Board
of Appeals," prepared by Emack Surveying, dated May 10, 2010,
attached hereto as "Exhibit A."
SIGNATURE PAGE TO FOLLOW
3
Dated: Z~ ~ ,
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. ~'L~`_"'_' 2010
JOi~is day ofd 2010, before me, the undersigned Notary Public, personally appeared
O[ ,who is personally known to me, and who is the person whose
name is signed on the preceding or attached document, and who acknowledged to me that he/she signed it voluntarily
for its stated purpose.
Notary Public: y'.~~a K~K~Y~
My commission expires: ~/(a-'(Gl ate, aj~J~j
usan McCart
,1~~~6~~ ~..
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
~ REUES ON CURRENT DEEDS AND PLANS OF RECORD,
• \ NA,N?,U TM sIFIPLAN IS NOT REPRESENTED TO BE AO TITLEEREON.
' ~ .C~,~i ~ EXAMINATION OR A RECORDABLE SURVEY.
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~ lot 47
"~ (as shown on 12022-Q)
3260 ± sf (scaled)
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DHCB FND l0 219801 +t 30q 3800 f `~' Q)
down 6" ~N sf (scaled)
TOTAL LOT AREA
YR 2000=31070 ± sf
(INCL. ACCRETION)
YR 2009=28050 ± sf
(INCL. ACCRETION & EROSION)
M
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m of
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deck
deck
2 sr
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DWELLING
deck
PORCH
line of
existing
cq cottage
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DHCB ~ 25.07'
FND
HALL ALL LAN
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i
IP
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existing and
proposed
/-deck
Proposed 1st d
2nd stY deck
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house .~. :-
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DWELLING DOES NOT CONFORM TO SST)
CURRENT ZONING REQUIREMENTS WITH
RESPECT TO FRONT YARD SETBACK.
CURRENT ZONING: R-20
MINIMUM LOT SIZE: 20,000 sf
MINIMUM FRONTAGE: 75 ft
FRONTYARD SETBACK: 30 ft
SIDE AND REAR SETBACK: 10 ft
ALLOWABLE G.C.R.: 12.5%
EXISTING G.C.=3800 ± sf (3290± sf main house/
/510 ± sf cottage, estimated to foundations)
G.C.R.: 12.3 ± (based on yr 2000 lot area)
G.C.R.: 13.6% ± (based on yr 2009 lot area)
PROPOSED G.C.=3860+ sf 3290_ sf main house
/570± sf cottage, estimated to foundations)
G.C.R.: 12.4 + (based on yr 2000 lot area)
G.C.R.: 13.8 - (based on yr 2009 lot area)
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PLOT PLAN TO ACCOMPANY APPLICATION
TO ZONING BOARD OF APPEALS IN
NANTUCKET, MASSACHUSETTS
SCALE: 1 "=30' DATE: MAY 10, 2010
DEED REFERENCE: LC CERT.# 14549
and DEED BK 350, PAGE 225
PLAN REFERENCE: LC PL 12022-H
and LC PL 12022-Q
ASSESSOR'S REFERENCE:
MAP: 30 PARCELS: 14, 15, & 257
PREPARED FOR: NANCY COLSON
EMACK SURVEYING
2 WASHAMAN AVENUE
NANTUCKET, MA. 02554
(508) 325-0940
J-399
.B. 09