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HomeMy WebLinkAbout072-11 Janet Murphy, Trustee of North Beach Realty TrustFee: $300.00 Print For TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Owner's name(s):Janet Murphy, Mailing address: P . O . Box 1260, Phone Number:. Applicant's name(s):Thomas Robi Mailing Address: 9 Clark Road, PhoneNumber:(617) 738 -9172 File No. 0-a -H Trustee of North Beach Realty Trust Nantucket, MA 02554 E- 1�1ai1: nson,,Contract Purchaser Brookline, MA 02445 E✓- 1\ 'Iall: Locus Address: 9 North Beach Street' Assessor's Map /Parcc1:4241 -094 Land Court Plan /Plan Book & Page /Plan File No.: Lot 6A, Plan No. ' 2010 -41 Deed Reference /Certificate of Title: 514, ` 68 Zoning DistrictLC Uses on Lot- Commercial: Nonex Yes (describe) Residential: Number of dwellingsl Duplex Apartment, Date of Structure(s): all pre -date 7/72 x or Building Permit Numbers: 13596 -97, 13716 -96, 14041 -97 and 335 -04 Previous Zoning Board Application Numbers: 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile State below or attach a separate addendum of specific special p(ermits or variance relief a ploin for: Applicant is seeking relief by variance under Nantucket Zoning By -Law Section 139 -16A (Intensity Regulations). Applicant is seeking to validate the siting of a pre- existing, nonconforming single - family dwelling as well as validate the subject lot as separately marketable and buildable, which was held in common ownership with adjacent land until October 1, 1982. An "approval not required" plan dated July 22, 2010 was recorded August 24. 2010 at the Nantucket Registry of Deeds as Plan No. 2010 -41. The plan divided an existing 4,500 square foot lot into two Lots: Locus (Lot 6A). containing 3,002 square feet and Lot 6B containing 1,498 square feet (conveyed out of common ownership from locus by a Deed dated March 28, 2011 and recorded April 15, 2011 at the Nantucket Registry of Deeds in Book 1276, Page 301), in a district that requires a minimum lot size of 5,000 square feet. The Locus was conveyed out of common ownership by virtue of a Deed dated and recorded October 1, 1982 at the Nantucket Registry of Deeds in Book 194, Page 280. In addition to the above. the Locus is nonconforming as to rear yard setback, the structure being sited a close as about 0.4 feet from the northeasterly rear yard lot line in a district that requires a minimum rear yard setback of five (5) feet. One (1) parking space is provided on site and would continue to be provided. No expansion of the structure is planned under this Application, which has a ground cover ratio of about 29 3% in a district that would allow a maximum ground cover of 30% for pre - existing; r on- conforming lots. 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:1 _ (honer* f SIGNATURE: df� llc nt /Attorne;, /Ag�ni* 1� �r �..�� *If an Agent is representii. g the Nwner or the Ap�hcant, l se provide a signed proof of agencN'. OFFICE USE ONLY Application received on:—/ //— By: Complete: Need Copies: Filed with Town Clerk:_ /_ /_ Planning Board: _ /_ /_ Building Dept.:_ /_ /_ B�: Fee deposited with Town Treasurer:_ /_ /_ By:_ Waiver requested: Granted:—/—/— Hearing notice posted with Town Clerk:_ /_,/ Mailed: -/ /_ I NI /_/ & /_ /'_ Hearing(s) held on:—,/—/— Opened on Continued to: /_ /'_ Withdrawn:_/ �/_ Decision Due By:_� =/_ Made:—/ / Filed -,v/Town Clerk:—/—/— Mailed: / / 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508- 228 -7298 facsimile `r+a " are .�qr ,w 3 YF a t � g.y�h�Ya r !u 'rij J [ n " • O u " O O • 1 u r r :rte i ��✓ \ �\\ / ��� \\ 'I __ — I a ' ' v Y BOI�TN BEACH STREET r�fy lr, �� 1 '• � / / c� rK T N m r 0 7' _ a V c Deed Ref: Bk 514 Pg 68 Plan Ref: Plan #2010 - 41 O FEMA FIRM Flood Zone A 7 Elev.8 Assessors Map 42.4.1 -94 � dh /cb fnd U Zoning : Limited Commercial 0 20' Min Area : 5000 S.F. 2 Frontage : 40 Ft p�9 Front Yard : None Qo so Side /Rear Yard : 5 Ft 7 Max.GCR : 50 %(But 30% for C% 9" pre- existing non - conforming lots) Upole �1 0 Exist. GCR :29.3 % `1 q(l crb disc %b fnd 3 LOT 6 f 3002 S F �a e16 �o G� o/r C 7� Notes: 1) Lot area, rear yard setbacks and GCR do not comply with current zoning. 2) Lots 6A and 68 each contain a building that was in existence as of 1955, prior to the adoption of the Subdivision Control Law in Nantucket, ref,- Planning Board File No. 7290. averse PC V�;... ��- ,, moo. o �b Ok' ` fir[ b MORTGAGE INSPECTION PLAN IN NANTUCKET,MA. ScaleA "= 20' Sept. 14, 2011 Prepared For: Thomas Robinson Earle & Sullivan Inc.- Professional Land Surveyors # 6 Youngs Way, Nantucket, Ma. 02554 + 508- 332 -4808 ES -231 �-R buried I' co 'X � ° a - -.� �� Q j �, ��oo crb 'dis %b fnd L� burle�Y I' L 07 'Q. <C1 \ s \ / 3o "s � � P26 b�9� DWLG :9�C 91�� •� \ HE °52'30" 2 y N 47 W% - - -- - - -11 00, 3 LOT 6 f 3002 S F �a e16 �o G� o/r C 7� Notes: 1) Lot area, rear yard setbacks and GCR do not comply with current zoning. 2) Lots 6A and 68 each contain a building that was in existence as of 1955, prior to the adoption of the Subdivision Control Law in Nantucket, ref,- Planning Board File No. 7290. averse PC V�;... ��- ,, moo. o �b Ok' ` fir[ b MORTGAGE INSPECTION PLAN IN NANTUCKET,MA. ScaleA "= 20' Sept. 14, 2011 Prepared For: Thomas Robinson Earle & Sullivan Inc.- Professional Land Surveyors # 6 Youngs Way, Nantucket, Ma. 02554 + 508- 332 -4808 ES -231 l�. Town of'•.ar:iLCLIe.; ZogunQ Board of Anneals RECEIVED BOARD r-',F ASSESSORS LIST O) PACE l 11- S l-,' INT RES'I IN "THE N,1.'�TTER O TIIE FETi T ON Oi) Jana k1ur h Truslee of North Baach Real. Trust ROPERTY O�1% NIR........ ..a. ? .......................... ry.....I................... ... MAILING ADDRESS, , 8I. 1260.Nrnluck.. .. 0255A ........ . PROPS RTY LOt n 7'iON, y Norm Seach st,eet' Aarr:ucket, VA 02554 ASSESSOR MAP /PARCCEL. 4241-094 � teinAt . SCB°ITTED BY.. . .... .... ...... .... .... ............. ............ SEE ATTACHED PAGES OCT 0 5 2019 TOWN OF NANTUCKET, MA I certli'v that the foregoing is a list of ali persons who arc owners of abutting property, owners of land directly opposite on any- public or private street or "vav; and abutters of the abutters and all other land owners lA ithin 330 fe t of +he property line of owner's property, as they appear on the most recent applicable tax list (1A,G L. c, 40A, Section 11 and Zoning Codc Chapter 40A, Section 139 -29B (2), r DATE i N sL' , CR'S OFrIC TOWN OF NANTUCKET' 0 z H F H aH a� H EA u N NN V R gW z N 1 U z z r u 0 v' q 0 a° x 0 0 m 0. v e. ro w y y z �C �C F H H F H F F F F H F F N H El El z z ti U V O O O O O$ Z N N N T T T h H H E N F F F E N N N N N N N N N T T T T z z z z z z z z z z z U U U U U r0] .•077 T T T U U N N N g N N N N N z z T T T T T T T U U U U O O O O H El 0 u� o a°n w w w w W a a z z o z 0 o z z z z o 10 m r o b v N G 0 m 1, N v r rn N v m W 0 m N 01 N .-1 N N N d .D N 10 m H N H N 0 H r l m 0 r u m H N I .i r r r w m rn v v N W N m I r Ill 0 r m v v v l0 v m N W 10 v v v v N w r v lD v N 0 m O m O H m I v v v v m ill �l1 N H r rn m ill H H .-1 1 0 Q 0 0 H 0 w m N m m i(1 N V1 W v W N b 11 W .-1 m v m m b O O m m ill N O v ill O H v r 0 v O .1 N W W. w ill r 0 ill m r r 0 i(1 1l1 U1 v v O 0 01 ill w N v m .-1 O v N m 0 0 1l1 0 m N N r N H O H O N N O w .y N N N N O N m m N N N N N N rn N W N .-� N N 1C m. v r m N N N N O O O r O O m. 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K G D 0 N u� i TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: January 19, 2012 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 072 -11 Owner /Applicant: JANET MURPHY, TRUSTEE OF NORTH BEACH STREET NOMINEE TRUST 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 given to the Town Clerk so as to be received within such TWENTY (20) days. [I � q.,( (-w) Edward S. Toole, Chairman 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 42.4.1, Parcel 94 9 North Beach Street Lot 6A, Plan No. 2010 -41 Limited Commercial Deed Book 514, Page 68 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, November 10, 2011, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of JANET MURPHY, TRUSTEE OF NORTH BEACH STREET NOMINEE TRUST, c/o Rhoda H. Weinman, 36 Centre Street, PO Box 1365, Nantucket, MA 02554, File No. 072 -11: 2. Applicant is requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139 -32 (Variances) from the intensity regulations in Section 139 -16 (intensity regulations) in order to validate the siting of a pre- existing nonconforming single- family dwelling as to validate the lot as separately marketable and buildable. An "approval not required" plan was dated July 22, 2010 was recorded August 24, 2010 at the Nantucket County Registry of Deeds as Plan No. 2010 -41 that subdivided the Locus. The plan divided an existing 4,500 square foot lot into two lots: Locus (Lot 6A), containing 3,002 square feet and Lot 6B, containing 1,498 square feet in a zoning district that requires a minimum lot size of 5,000 square feet. These lots were conveyed out of common ownership from Locus by a deed dated March 28, 2011 and recorded at the Nantucket Registry of Deeds on April 15, 2011. The Locus was conveyed out of common ownership by virtue of a Deed dated and recorded on October 1, 1982. The Locus is nonconforming as to rear yard setback, with the structure being sited as close as about 0.4 feet from the northeasterly rear yard lot line in a zoning district that requires a minimum rear yard setback of five (5) feet. No expansion of the structure is planned under this Application. 1 Said structure has a ground cover ratio of about 29.3% in a zoning district that allows a maximum ground cover ratio of 30% for preexisting nonconforming lots. The Applicant is requesting the Board of Appeals validate the lot with a preexisting nonconforming single - family dwelling as separately marketable and buildable. The Locus is situated at 9 North Beach Street, is shown on Nantucket Tax Assessor's Map 42.4.1 as Parcel 94, is shown as Lot 6A, Plan No. 2010 -41, and is recorded at the Nantucket County Registry of Deeds in Book 514, Page 68. The property is zoned Limited Commercial. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There were no letters of support or opposition to the application. The Planning Board made a positive recommendation on the matter. 4. Attorney Rhoda H. Weinman represented the Applicant at the hearing. Attorney Weinman explained to the Board that 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) in order to validate the siting of a pre- existing nonconforming single- family dwelling as to validate the lot as separately marketable and buildable. Attorney Weinman explained to the Board of Appeals that the lot in question was held in common ownership with adjacent land until October 1, 1982. An "approval not required" plan dated July 22, 2010 was recorded August 24, 2010 at the Nantucket Registry of Deeds as Plan No. 2010 -41. The Plan divided an existing 4,500 square foot lot into two Lots: Locus (Lot 6A), containing 2,002 square feet and Lot 6B containing 1,498 square feet (conveyed out of common ownership from Locus by a Deed dated March 28, 2011 and recorded April 15, 2011 at the Nantucket Registry of Deeds in Book 1276, Page 301) , in a district that requires a minimum lot size of 5,000 square feet. The Locus was conveyed out of common ownership by virtue of a Deed dated and recorded October 1, 1982 at the Nantucket Registry of Deeds in Book 194, Page 280. In addition to the above, the Locus is nonconforming as to rear yard setback, the structure being sited as close as about 0.4 feet from the northeasterly rear yard lot line in a district that requires a minimum rear yard setback of five (5) feet. One (1) parking space is provided on site and would continue to be provided. Attorney Weinman further added that no expansion of the structure is planned under this Application. Said structure has a ground cover ratio of about 29.3% in a district that allows for a I maximum ground cover ratio of 30o for preexisting nonconforming lots. Marcus Silverstein, the Zoning Enforcement Officer, clarified his position that although there has been some debate as to whether or not the Board of Appeals needs to approve this matter by Special Permit or Variance, the practice in recent years has been to validate these lots by Variance relief. S. Attorney Weinman explained to the Board that the Applicant has received endorsement of the Approval Not Required ( "ANR ") plan by Planning Board, thereby creating two separate and buildable lots. At the hearing, it was explained that the Applicant had created two lots pursuant to M.G.L. Chapter 41 -81L, which allows the division of a lot into two (2) or more lots if each contain one (1) or more structures that predate the adoption of the Subdivision Control Law (1955). Through the issuance of a Variance, the Board has the authority to regulate the location and ground cover of any proposed structure. Specifically, the Board found that the present application meets the requirement for a Variance based upon the uniqueness of the lot due to its creation pursuant to M.G.L. Chapter 41 -81L, which distinguishes it from other lots in the same zoning district. Based on this information, the Board found that the requested relief would not derogate from the purpose and intent of the Zoning Bylaw. In ascertaining the uniqueness of the situation and the proposed structure on the locos, the Board examined the neighborhood in which the locus is located. The Board considered the neighboring parcels in the neighborhood. The Board determined that the proposal to validate the lots as separately marketable and buildable would be in harmony and conjunction with the intent of the Bylaw and the neighborhood in which the Locus is situated. 6. Accordingly, by a vote of FOUR in favor (Botticelli, Koseatac, McCarthy, and Angelastro voted in favor) and ONE opposed (Poor opposed) of the sitting members, the Board of Appeals made the finding that circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this chapter would involve substantial hardship to the applicant and the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the bylaw. Specifically, the lot was validly created pursuant to M.G.L. Chapter 41 -81L and is significantly smaller than the minimum lot size required in the 3 Limited Commercial zoning district. The conflict between the state law allowing the lot division and the intensity regulations of the local bylaw has created a unique situation specific to this lot. 7. Based upon the application and accompanying materials, and representations and testimony received at our public hearing, the applicant is granted Variance relief pursuant to Nantucket Zoning Bylaw Section 139 -32 (variances) from the intensity regulations in Section 139 -16 (intensity regulations - lot size and setbacks) to validate "Lot 6A" and the siting of the structure thereon as shown on the plan entitled, "Mortgage Inspection Plan, in Nantucket, MA," dated September 14, 2011, prepared by Earle & Sullivan, Inc., attached hereto as "Exhibit A" as separately marketable and buildable. SIGNATURE PAGE TO FOLLOW 11 Dated: , 2012 Michael Angelastro COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. January 14 , 2012 On this (Q day of January, 2011, before me, the undersigned N�t y UpTic, personally appeared i ft t� 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 /she signed it voluntarily for its stated purpose. -4AV�- Notary blic: ) My commission expires: 4 F.. r� 'x G i 5 I$ Fie: '! Ref: F� 514 Pg 0, Plpn Ref: Plan #2010 - 41 FEMA FIRM Flood Zone A 7 Elev.8 Assessors Map 42.4.1 -94 Zoning : Limited Commercial Min Area : 5000 S.F. Frontage : 40 Ft Front Yard : None Side /Rear Yard : 5 Ft Max.GCR : 50 %(But 30% for pre- existing non - conforming lots) Exist. GCR : 29.3 O dh/cb fnd ^v Fj 9S' va p . �O F 1 0 20' r Ct9�s O U po% s % �fV" a-b disc %b fnd curied 1 " a \Q �/ crb)5(isc %b fnd / burie�J��_OC� �`i � P /o ._ 9 tea`• s2_ \ �. P; 02 0 �2 i p6 \ DWLG Q 1,�0 Is R HE �� _ 20 •3fs� 7� IW477;�2'30" W/ t�- 3' LOT6A 3002 SgFt 7> 7u, '9,9 Q' Notes: 1) Lot area, rear yard setbacks and 6CR do not comply with current zoning. 2) Lots 6A and 68 each contain a building that was in existence as of 1955, prior to the adoption of the Subdivision Con tro /Low in Nantucket, ref,' planning Board File No. 7290. Traverse PC i t�0 cp P^ c0' MORTGAGE INSPECTION PLAN IN NANTUCKET,MA. Scale:1 "= 20' Sept. 14, 2011 Prepared For: Thomas Robinson Earle & Sullivan Inc.- Professional Land Surveyors r m # 6 Youngs Way, Nantucket, Mo. 02554 :. ttf t$;, 508- 332 -4808 In Via.. ES -231