HomeMy WebLinkAbout011-12 East Creek Nominee Trust William F. Hunter TrusteeNANTUCKET ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MA 02554 _
FEE: $300.00 CASE NO.—A-11
APPLICATION FOR RELIEF
Owner's name(s): East Creels Nominee Trust, William F. Hunter, Trustee
Mailing address: C/O Vaughan, Dale Hunter and Beaudette, P.C., POB 659, Nantucket 02554
Applicant's name(s): Same as above
Mailing .address: Same as above
Locus address: 12 & 14 East Creels Road and 4 Harbor Terrace Assessor's Map/Parcel: 55 / 52 and 57
Land Court Plan No.: 34972 -B Lot No.: Lot 1 Plan Book: 1052 Pate 58
Date lot acquired: 11/01/2010 Cert. of Title: 23700 Zoning District: RC
Uses on Lot – Commercial: None X Yes (describe)
Residential: Number of dwellings 2 Duplex
Building Date(s): All pre -date 7/72?
Building Permit Nos:
or
Apartments Rental Rooms
C of O(s)?
Previous Zoning Board Application Nos.:
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By -law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
PLEASE SEE ADDENDUM ATTACHED
I certify that the information contained h
knowledge, under the pains and penalties
SIGNATURE: William F. Hunter, Esq. .
(If not owner or owner's attorney, please
Application received on: /_/ By:
is suystantially complete and true to the best of my
_ Applicant Attorney X
bring this matter before thoBoard)
R ZBA OFFICE USE
Complete: Need copies ?:
Filed with Town Clerk: / / Planni Board:_ /) / Building Dept.:.
Fee deposited with Town Treasurer: /_/ By: Waiver requested ?:_
Hearing notice posted with Town Clerk: _/_/_ Mailed: / /_ I &M:_
Hearing(s) held on:—/—/ Opened on: / /_ Continued to:_/ /
DECISION DUE BY:—/—/— Made:—/—/_ Filed w /Town Clerk:—/—
DECISION APPEALED?:—/—/ SUPERIOR COURT: LAND CC
/_/ By:
Granted:
Withdrawn ?: / /_
/ Mailed: / /
iURT Form 4/03/03
ADDENDUM TO THE
APPLICATION OF WILLIAM F. HUNTER, TRUSTEE
EAST CREEK NOMINEE TRUST
William F. Hunter, Trustee of the East Creek Nominee Trust, u/d /t dated November
1, 2011 ( "Applicant ") seeks a Variance pursuant to Section 139 -32 of the Nantucket
Zoning By -law from the requirements of Section 139 -16, Intensity Regulations, as
amended, specifically from the minimum "Frontage" requirement of 40 feet in the
Residential Commercial Zoning District. Applicant proposes an approval not required
division of its property, creating two lots, where four are now permitted, however with one
of the newly created lots having frontage in the amount of twenty and 47/100 (20.47') feet.
The address of the Premises is 12 & 14 East Creek Road and 4 Harbor Terrace and
it is presently improved by two single- family wood - framed dwellings. The Premises are
located in the RC Zoning District, within the town Overlay district and the Mid - Island
Planned Overlay District. The Premises consists of two (2) assessor's parcels of land:
Assessor Map 55, Parcel 52 having an area of 1.015 acres; and,
Assessor Map 55, Parcel 57 having an area of. 1248 acres.
The Premises are benefitted by a Major Residential Development Special
Permit ( "the Special Permit ") issued May 17, 2010 and registered with the
Nantucket Registry District of the Land Court as Document No. 133567 and further
recorded in Book 1278, Page 197 at said Registry. A copy of the Special Permit is
attached.
The Planrdng Board Special Permit allows the creation of four buildable
lots with access from East Creek Road and from Harbor Terrace as shown on a
copy of the attached Special Permit plan. As shown on the plan, Lot 41 is accessed
from Harbor Terrace and Lots Nos. 2, 3 and 4 are accessed from East Creek Road.
A fifth non - buildable, non - accessible lot is also shown on the plan and designated
as "Open Space ".
Applicant now proposes to abandon its rights in the five lot Special Permit
in favor of a two lot division of the Premises pursuant to an approval- not - required
plan attached hereto and entitled, "Plan of Land, 12 & 14 East Creek Road and 4
Harbor Terrace, prepared for East Creek Nominee Trust", dated November 22,
2011 and drawn by Site Design Engineering, LLC.
When reviewing the proposed ANR plan please note that the frontage for
proposed Lot 1 is the equivalent width of Harbor Terrace as it terminates at the
Premises, i.e., twenty and 47/100 (20.47') feet in a zoning district with a minimum
frontage requirement of 40'. Lot 2, as proposed, complies with the frontage
requirement in the district having frontage off of East Creek Road in the amount
sixty -nine and 97/100 (69.97') feet.
Therefore the Applicant proposes create a two lot division of property
where four lots are now permitted however with one of the proposed lots having
less than the minimum frontage required in the residential commercial zoning
district. Therefore applicant seeks a Variance pursuant to Section 139 -32 of the
Nantucket Zoning By -law from the requirements of Section 13946, Intensity
Regulations, as amended, specifically from the minimum "Frontage" requirement
of 40 feet in the Residential Commercial Zoning District.
The requested relief is harmony with the intent and purposes of the
Nantucket Zoning By -law. Given circumstances relating to shape of the Premises
and its relationship to the end of Harbor Terrace and especially affecting this
property and not affecting generally the zoning district in which it is located, a
literal enforcement of the provisions of by -law would involve substantial hardship
to the Applicant. This desired relief may be granted without substantial detriment
to the public good and without nullifying or substantially derogating from intents
and purposes of the by -law. The Applicant asks the Board to vote in favor of the
Variance as requested.
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Doc: DD 11/01/2010 02:37 PM
ORIGINAL
MASSACHUSETTS QUITCLAIM_DEED
Carl- 23700 Doc: DD
Registered: I 1 /01 /2010 02-.36 PM
We, MICHAEL B. ROSEN and RACHEL D. ROSEN, of Greenwood Lake, New York,
CHARLES ROSEN of New York, New York, and ELIZABETH REINIGER of Vancouver,
Canada,
for consideration paid and in full consideration of THREE MILLION FIVE HUNDRED
THOUSAND AND NO /100 DOLLARS ($3,500,000.00),
grant to William F. Hunter, Trustee of EAST CREEK NOMINEE TRUST u /d /t dated
November 1, 2010, and registered as Document No. 91 at the Nantucket
Registry District and in Book 1oISR -, Page at the Nantucket Registry of Deeds,
having an address in care of Vaughan, Dale, Hunter, Stetina and Beaudette, P.C., 2
Whalers Lane, PO Box 656, Nantucket, Massachusetts,
with QUITCLAIM COVENANTS,
those certain parcels of land with all improvements thereon as follows:
Parcel One (14 East Creek Road) :
That certain parcel of land with the buildings and improvements thereon situate in the
Town and County of Nantucket, Massachusetts, known as 14 East Creek Road and
shown as Lot 1 on Land Court Plan 34972 -B, drawn by Schofield Brothers, Inc., John J.
Shugrue, Sctrveyor, dated October 4, 1973, and filed with Certificate of Title No. 7049 at
the Nantucket Registry District.
For title see Certificate of Title No. 22434 at said Registry District.
CADWumrnu and Setting, \URCyk1=1 Solttnys \TenToruylntaW Pila \Content.0utbok\SIR91VlUdadwadoe
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Parcel Two (12 East Creek-Roadl:
That certain parcel.of land with the buildings and improvements thereorrsituate in the
Town and County of Nantucket, Massachusetts, known as 12 East Creek Road,
bounded and described as follows:
NORTHWESTERLY by Lot 1 on Land Court Plan 34972 -B,
65.36 feet;
NORTHEASTERLY by land now or formerly of Florence P.
French, Land Court Plan No. 25159A,
77.59 feet;
SOUTHEASTERLY by
SOUTHWESTERLY by
East Creek Road, 69.97 feet; and
land now or formerly of Annasetta
Johnson, 84.89 feet.
All boundaries are located as shown on a plan of land of Schofield Brother, Inc.,
Registered Land Surveyors, dated October 1, 1973, recorded in Plan Book 18, Page
104,.at the Nantucket Registry of Deeds, said land is shown thereon as Lot 6.
For Grantors' title, see Deed in Book 1052, Page 58, and Deed in Book 1135, Page
283, at said Registry.
F NCLIENTS Q, K.S.T. MOSEN, MICHAEL & RACHEW 7 k 14 EAST CREEK - SALZ&-dwe.doc
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Said Parcels One and Two are subject to and have the benefit of the following:
• So much of the land as is included within the limits of the private ways shown on
the aforesaid Plan is subject to the rights of all persons lawfully entitled thereto in
and over the same, and there is appurtenant to the above - described premises
the right to use said private ways as shown on said Plan to Orange Street, in
common with all other persons lawfully entitled thereto.
• Right of Way Easement dated February 1, 1930 recorded in Book 105, Page
200, at Nantucket Registry of Deeds and shown on Land Court Plan 34972 -B
and Plan Book 18, Page 104.
• Right to use private ways shown on Land Court Plan 34972 -B to Orange Street
in common with all other persons lawfully entitled thereto.
• Sewer Easement dated December 10, 1975, registered as Document No. 16663
at the Nantucket Registry District for the Land Court,
• Order of Conditions dated November 8, 2010, recorded in Book 1242, Page 37,
at said Registry and registered as Document No. 99641 at said Registry District
as affected by Certificate of Compliance registered as Document No. 131257.
(signature pages follow)
F: \CLIENTS Q. R, S, T, =0SEN, MICHAEL k RACHEL112 R 14 EAST CREEK • SALEWoed wc.doe
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WITNESS our hands and seals as of the day of October, 2010.
l�
IgICHAEL B. ROSEN RACHEL D. ROSEN
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss,
On this A_ day of OCTOBER, 201:0,'--before me,-the undersigned notary p blic,
personally appeared MICHAEL B. ROSEN and RACHEL D. ROSEN (a)
personally known to me, or (b) proved to me through satisfactory evidence of
identification, which was , (type of identification) to
be the erson(s) whose name(s) is /are signed on the preceding or attached document,
an4 cowledged to me that he /she /they signed it voluntarily for its stated- purpose.
ryi cia l Signature and Seal of Notary Public
Commission expires:
. NgNYt}CKET INNO BAtac
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Noc1 eps „� MASMOHt1 T9 EXCISE TAX
f Nantuoket aunty ROD #16 001
e Date: /0112010 02 :36 PM
!MW �L Otrl# 68361 31788 DooN 00101827
Fe 616.880.00 Cone: $3,600,000.00
FACLIBNTS Q, R, S, T. MOSEN, MICHAEL & RACHBL112 & 14 BAST CREEK - SMZB we.da
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ELI SETH REINI R
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss.
t%A
On this 'X5 day of OCTOBER, 2010, before me, the undersigned notary public,
pers9pally appeared ELIZABETH REINIGER (a) personally known to me, or (b)
proved to me through satisfactory evidence of identification, which was
o c'\„V,, , (type of identification) to be the person(s) whose
name(s) is /are sip6d on the preceding or attached document, and acknowledged to me
that he/she/they4signed it voluntarily for its stated purpose.
Official Signatures and Seal of Notary Public
My Commission expires:
a es
�•�G�;ND
F,\CUWTS Q, R S, T, UIROSEN, MICHAEL & RACHEM12 & 14 EAST CREEK • GALE\d=&wc.doc
131927
CHARLES ROSEN
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss.
On this '-S day of OCTOBER, 2010, before me, the undersigned notary public,
personally appeared CHARLES ROSEN (a) personally known to me, or (b}
proved to me through satisfactory evidence of identification, which was
(type of identification) to be the person(s) whose
name(s) is /are si ed on the preceding or attached document, and acknowledged to me
that he /she /the signed it voluntarily for its stated purpose,
Official Signature and Sean of Notary Public
My Commission expires:
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Regletered: 06/0312011 11:20 AM
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Nantucket Planning Board.
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Doc: 8P 06/0312011 11 ,.21 AM
Approva -1 of a Special Permit for a Major Residential Development
Harbor Terrace
Planning Board Special Permit #15 -09
ill
Gyja tpplicant Michael B. Rosen, Rachel D. Rosen, Charles Rosen, and Elizabeth Rcuu'ger
Owner: William F. Hunter, Trustee of East Creek Nominee Trust u /d7t dated 11/1/10
12 and 14 East Creek Road
Lot 1 on Land Court Plan 34972 -B at Certificate 20M 23700
Nantucket Registry of Deeds Plan Book 1052, Page 58
Parcels 52 and 57 Shown on Nantucket Tax Assessors Map 55
May 17, 2010
PROPOSAL
The Nantucket Planning Board at their May 17, 2010 public hearing considered the application of Michael B.
Rosen, Rachel D. Rosen, Charles Rosen, and Elizabeth Reiniger pursuant to section 139 -8B of the Nantucket
Zoning Bylaw regarding a substantially modified and revised plan in reference to an application for a Major
Residential Development Special Permit. The Planning Board previously denied this application, which was
remanded to the Planning Board for reconsideration of a substantially modified and revised plan. Pursuant to
Chapter 40A, Section 16 of the MassacIIII,zers General Laws, the Planning Board voted 4-1 that the revised
application contained specific and material changes to the plan upon which the previous decision was based.
The MRD Bylaw was adopted by the 1994 Annual Town Meeting and since that time, only minor
amendments have taken place. The MRD option has been utilized. by numerous applicants in, place of
conventional subdivisions since the adoption of the Bylaw.
The applicants proposed a four (4) buildable lot Approval Not Required (ANR) plan on about 49,475 (1.135
acres) square foot tract of land located off of East Creek Road and Harbor Terrace. The site is located in the
Residential Commercial (RC) zoning- dis�ct, which has a minimum lot size of 5,000 square feet. An MRD
requires a minimum tract area of one (1) acre, with a minimum open space requirement of *fen (10) percent.
2 Fairgrounds Road - Nantucket, MA 02554
508.228.7233 telephone • 508.228.7298 facsimile
Harbor Terrace
'D A, t;A
133567
December 18, 2009
DESCRIPTION OF THE PROPOSED PROJECT
The site is located within the Town Overlay District (TOD) ands eemMild le fa mil
y etweellings to lyazgestrict
(MIPOD). This area consists of a mixture of land uses ranging $
commercial businesses. such as Marine aHo Homeland the b ch is located House, utte of which largetelde so
located adjacent to this site are O
housing facilities and are owned by the Town of Nantucket. The mid - island area contains densely developed
clusters of both residential and commercial development. There are significant structures, such as those
mentioned above, adjacent to this developed s ll as s mixed ed usets,rthe Creeks are located ed on the northerly edge
to being located adjacent to an area
of the site.
The applicants are proposing four (4) buildable lots with access from East Creek Road and Harbor Terrace.
Vehicular access to Lots 2, 3, and 4 will occur from a common driveway located off of East Creek Road. Lot
1 will continue to obtain access from a common driveway located off of Harbor Terrace. The minimum
Frontage requirement for -lots within an MRD is twenty (20) feet. Lots 2, 3, and 4 will obtain frontage from
East Creek Road and Lot 1 will obtain frontage from Harbor Terrace. Based on concerns expressed by the
Board and an abutting property owner, the driveway connecting East Creek Road and Harbor Terrace as
shown on the previously reviewed plan has been eliminated.
East Creek Road, a private way in existence prior to the adoption of the Subdivision Control Law (1955), will
be improved by the applicants. Roadway improvements will begin at the terminus of the existing pavement
and will continue northerly for approximately two hundred and thirty five (235) feet. Improvements consist
of re- grading the road, widening to a variable width ranging between fourteen (14) and sixteen (16) feet, and
surfacing with a geogrid reinforced gravel wearing surface. The roadway, as improved, will be permeable and
will not require the installation of a drainage system.
Lots 1 and 2 each contain one (1) existing dwelling unit. This proposal will allow two (2) additional dwelling
units to be constructed on the site, one on Lot 3 and one on Lot 4. The building area ground cover (as
defined in the Zoning By -law) permitted for each lot will be as follows:
• Lot 1 -1600 square feet
• Lot 2 —1825 square feet
• Lot 3 — 2000 square feet
■ Lot 4 — 2000 square feet
All lots will be limited to one (1) dwelling unit and no commercial uses will be permitted, other than home
occupations. This limitation of use represents a significant decrease from what otherwise may be allowed. A
further discussion of this point is located in the "Findings" section of this decision.
The required open space, 10% of the total lot area, is proposed as Lot 5. This lot abuts an unconstructed
section of Spruce Street which is owned by the Town pursuant to an Order of Taking and Layout dated June
10, 1966 filed in Nantucket Registry of Deeds Book 129, Page 295. The open space lot is part of an
ecologically sensitive area. The Town of Nantucket has a history of.protecting land in the vicinity. Most
recently, Article 81 of the 2004 Annual Town Meeting authorized the Board of Selectmen to acquire
saltmarsh parcels for protection and allow the immediately abutting section of Spruce Street to be used for
open space preservation. The applicants have represented that the open space will be available to the public
and that they will request that the Nantucket Islands Land Bank or the Town entity, to hold the conservation
restriction.
The applicants received approval for a preliminary plan on August 27, 2007. Although the applicants did not
proceed with a definitive plan, the Planning Board detern-Lined that the preliminary plan was acceptable as a
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Harbor Terrace Major Residential Development December 18, 2009
"Proof plan" for this MRD application. The purpose of the proof plan is to illustrate that the site could
accommodate a conventional subdivision with the same number of lots as requested in the MRD proposal,
excluding any "bonus" lots. All lots shown on the proof plan must meet minimum lot size, frontage, and
regularity requirements for a conventional subdivision pursuant to Nantucket Zoning Bylaw section 139 -16.
This MRD application includes the same number of buildable lots as shown on the preliminary plant and no
bonus lots were proposed. An Approval Not Required (ANR) application will be submitted to create the lots
shown on the plans submitted for this application.
The development will connect to municipal water and sewer service. The applicants will extend the water
main approximately one hundred and ninety (190) feet within East Creek Road and install a fire hydrant on
Lot 3, adjacent to East Creek Road. An easement will be necessary for access to this hydrant. All utilities will
be installed underground in accordance with the requirements of the respective utility.
BASIS OF THE FINDINGS
The Board's findings and decision refer to the following new information:
• A court endorsed "Assented to Motion for Remand" from the Nantucket County Superior
Court dated April 16, 2010;
• A letter from Site Design Engineering, LLC dated April 20, 2010. This letter specified changes
in the revised plan;
• A set of plans entitled "Harbor Terrace Major Residential Subdivision, Nantucket, MA" sheets 1
of 3, prepared by Site Design Engineering, LLC., dated July 10, 2009 and revised through April
20, 2010;
• • A plan entitled "ANR Subdivision Plan 4 Harbor Terrace and 14 East Creek Rd, Nantucket, NIA
02554;
■ A letter from the Nantucket Conservation Commission dated May 3, 2010;
■ Representation, and testimony received in connection with the public hearing held May 17, 2010.
Minutes of this meeting are on file with the Planning Board; and
• Other assorted documents, including correspondence from abutting property owners and other
Town departments that are on file with the Planning Board.
Findings were also based upon the following information considered prior to'the December 2008 vote on the
Previous plan:
■ An Application to the Planning Board for a Special Permit dated July 10, 2009;
• A letter from Daniel J. Bailey, III of Rackemann Sawyer & Brewster (attorney for the applicant),
dated September 8, 2009;
• Letters from Site Design Engineering, LLC dated July 10, 2009, August 17, 2009, September 4,
2009, September 29, 2009, October 19, 2009, November 23, 2009, and December 3, 2009;
• An untitled set of plans including an MRD Site Plan, MRD Grading and Utility Plan, MRD
Landscape Plan, and MRD ANR Plan. All plans were prepared by Site Design Engineering,
LLC, and revised through December 3, 2009, except the MRD ANR Plan, which was dated July
10, 2009. All plans may be subject to minor changes as required by this decision, and
• Draft Home Owners Association and other draft legal documents submitted by Daniel J. Bailey,
III of Rackemann Sawyer & Brewster (attorney for the applicant) and received by the Planning
Board on November 16,2009;
• A letter for approval of a preliminary subdivision dated August 27, 2007, as well as the
preliminary plan and other documents contained in the preliminary plan file;
• Staff reports dated August 5, 2009, August 20, 2009, September 10, 2009, October 21, 2009,
November 13, 2009, and November 24,2009;
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■ A letter from the Nantucket Conservation Commission dated October 16, 2009;
■ A letter from the Historic District Commission dated October 22, 2009;
■ A letter from the Nantucket Fire Department dated December 3, 2009;
■ Representation, and testimony received in connection with the public hearings held August 10,
2009, August 24, 2009, September 14, 2009, October 26, 2009, November 16, 2009, November
30, 2009, December 7, 2009, and December 14, 2009. Minutes of these meetings are on file with
the Planning Board; and
• Other assorted documents, including-correspondence from abutting property owners and
attorneys for abutters that are on file with the Planning Board.
FINDINGS
The Board finds that the proposed Major Residential Development:
■ Is in harmony, with the general purpose and intent of the Zoning Bylaw; creates a development
with a village atmosphere that will build on Nantucket's architectural contextual theme. The
design of the MRD, through approved landscaping, common driveways, one (1) dwelling unit
per lot, and reduced ground cover is more consistent with traditional development than a
conventional subdivision in this location. The HDC will have an opportunity to review the
architecture, structure heights, and placement of new structures as they are proposed within
appropriately scaled ground cover limits established by the Planning Board;
■ Will protect the ecological balance, with due regard for natural vegetation, soil, and water -table
characteristics of the area through the substantial reduction of ground cover, dwelling units, and
infrastructure and the provision of lot sizes significantly larger than the minimum required by
zoning. Ten (10) percent of the site will be maintained as open space, whereas a conventional
subdivision would not be required to protect any open space. The open space proposed is in
the area of the site situated closest to the Creeks. The MRD allows for reduced frontage, which
in this application, allows the applicants to avoid installing a roadway in an area in close
proximity to the Creeks. if this were a conventional subdivision, frontage would need to be
created on an interior roadway to meet the 40 foot frontage requirement as the locus does not
contain sufficient frontage on East Creek Road or Harbor Terrace for an ANR approval. This
would result in smaller lot sizes with greater ground cover than are proposed in this MRD;
■ Allows for reduced infrastructure and site [sic] development costs in return for compact
development. The MRD option allows for reduced frontage, which in this application, allows
the applicants to avoid installing a roadway in an area in close proximity to the creeks. Since no
new roadway is proposed, larger lots with greater permeable area are proposed than would
otherwise be possible through a conventional subdivision plan;
■ Will result in a more traditional neighborhood than would occur with a conventional
subdivision and will enhance the existing character of the Town. Given the mixed nature of the
neighborhood and the variety of possible other commercial and residential uses of the-site, the
proposal is modest in scale and appropriate to the residential density in similarly zoned areas in
the Town Overly District;
■ Generally meets the standards for public health, safety, convenience, and welfare as stated in the
Planning Boards Ruler a "nd Rtgxlationr Govrming the Subdrvirion ojiaxc4
■ Submission is complete. The lots in this MRD will be created through the ANR process by
utilizing frontage on existing private roads created prior to the adoption of the Subdivision
Control Law (1955), thereby making it eligible for an ANR plan. Definitive plan submission
requirements, in conformance with section 2.06a of the Ruler and Ragulutionr Governing the
Subdlvuion ojLand are not applicable to this application. Section 139- 8B(2)(b) specifically
contemplates that either a definitive subdivision plan or an ANR shall accompany the MRD
special permit. The Board finds no technical requirements that have not been met based on the
submission practices to date. The Board has historically applied section 139 -8B(5) to the plan
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Harbor Terrace Major Residential Development December 18, 2009
submitted at the time of the MRD application, which is subject to change during the review
process. The Board finds that based on a thorough review of this application and the Bylaw, the
proposal meets all technical requirements that are not specifically waived as part of this decision;
The proposal is consistent with the Development Standards in Section 139- 8B(10) of the Zoning
Bylaw;
The proposal is consistent with the performance Criteria in Section 139- 8B(11) of the Zoning
Bylaw;
The applicants have demonstrated that no phase of the proposed MRD will result in an increase
in the peak rate of storm runoff at the parcel boundary of the MRD as a whole for the twenty -
five (25) year storm event. The applicants have provided drainage calculations for this storm
event and have proposed adequate stormwater collection on each lot to mitigate the impacts of
the proposed development. The Planning Board hereby waives the requirements for the fifty
(50) and one hundred (100) year design storms based on the small scale -of this subdivision. In
addition, there are no adverse existing off -site runoff or erosion conditions which would result
from the W.D.
The Board also makes the following findings:
■ That the requirement for surveyed building envelopes would not aid in accomplishing the
purpose and intent of the MRD Bylaw. Approval of this development will create the possibility
for a total of two (2) new dwelling units on lots that exceed the minimum lot size requirements
with ground cover maximums that are substantially less than allowed by -right in the RC zoning
district. The portion of the site where additional construction will take place has a generally flat
topography and the HDC will have an opportunity to discuss precise building placement, in
addition to the design, of each new structure when it is proposed;
•
That the peak rate of storm run -off determination for the fifty (50) and one hundred (100) year
design storms is not warranted for this application. The scale of the development combined
with the large lot sizes, limited ground cover, and provision of individual on -site stormwater
collection, adequately address the.concems of the Planning Board. Although the Rules and
Regulad'ont Governing the Subdivision of Land are not applied to this application, we note that the
applicants submitted the twenty -five (25) year storm event calculation, which is consistent with
the requirements of Section 4.06b of said document.
During review of this application, the Board compared the development impacts on this site by reviewing
uses and intensity regulations currently allowed on the site, what could occur based on the preliminary plan
approval, and what could occur based on the current proposal. The site is located in the RC zoning district,
which allows a variety of residential and commercial uses both by -right and by special permit. The ground
cover ratio for this district is 50 %. Potential development scenarios areas follows;
1. No more dwelling units could be located on the site as it is presently configured as a single lot.
Accessory structures such w barns, garages, sheds, studios, and other ancillary structures related to
residential uses structures could be constructed within zoning limits. Many commercial uses are
allowed by -right in the RC zoning district including, but not limited to: office, retail, restaurant,
convenience store, alcohol sales, pharmacy, personal setvices, bank, funeral home, health spa,
medical clinic, hotel, boat related storage, motor vehicle parking lots or structures. If any of these
uses were proposed utilizing less than 4,000 square feet of commercial area and required less than
twenty (20) parking spaces, no special permits would be required. Commercial uses larger than 4,000
square feet. or generating more than twenty (20) parking spaces would require a Major Commercial
Development (MCD) special permit. In addition, there are many uses including, but not limited to: a
tavern/bar, take -out food establishment, catering, contractor shop, light manufacturing, food
processing, and interior or exterior storage or warehousing that are allowed through a special permit
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Harbor Terrace Major Residential Development December 18, 2009
issued by the Zoning Board of Appeals. Based on the total area of the site, approximately 24,737
square feet of ground cover is currently available.
2. If a definitive plan, based on the August 2007 preliminary plan, were approved, a total of four (4)
buildable lots and eight (8) dwelling units and other ancillary structures as mentioned in (1) above,
could be located on the site. No commercial uses would be permitted, except for home occupations;
and no open space would be required. A maximum ground cover of 21,800 square feet would be.
available.
3. The current proposal includes four (4) buildable lots and four (4) dwelling units. The magnum
ground cover has been reduced to a combined total of about 7,425 square feet. 100/6 (about 4,954
square feet) of the total site will be permanently restricted open space. No commercial uses will be
allowed, except for home occupations.
Based on the three (3) development options detailed above, the current proposal is clearly the least intense
alternative. The proposed ground cover is reduced by 70% of what zoning would allow. The MRD option
contains 661/6 less ground cover than the definitive plan option. We note that all of these comparisons are
based solely on a percentage of the total lot area and do not take into consideration wetland buffer zones. It
should also be noted that 31% of the site is located outside-of the one hundred (100) foot buffer zone, so any
development located in that area would not be subject to Conservation Commission review and 590/a is
located between the fifty (50) and one hundred (100) foot buffer zones. Any development in that area would
be subject to Conservation Commission review, but, the current Wetlands Bylaw does allow construction in
that area. As an example, a dwelling unit and garage were recently permitted on an adjacent parcel to the
northeast.
DECISION
The Board's approval is conditioned upon compliance with the "Description of Proposed Project" and
".Findings ".as set forth in this decision, and as shown on the plans referenced herein. The Planning Board
also sets forth the following conditions:
1. That the following waivers from the Nantucket Zoning Bylaw shall be granted:
139- 8B(5)(b)(2) Building Envelopes
Waiver Granted — see the Findings section of this decision
139- 8B(13)(a) Control of Runoff and Flooding
Waiver Granted — see the Findings section of this decision
2. That recorded copies of all legal documents (including but not limited to: Homeowners
Association, Statement of Conditions; Grant of Right of Enforcement, Driveway Maintenance
and Endowment Agreement, Open Space Management Plan, Utility Easements) shall be
presented to the Planning Board prior to the release of any building lots and within six (6)
months from the date of this decision (May 17, 2010);
3. That a Homeowners Association shall be established and endowed by the applicants for the
maintenance of the common driveway. The Association shall be initially endowed at the rate of
$1000 per buildable lot ($4000 total);
4. That documentation that the open space parcel has been conveyed to the Homeowners
Association or other appropriate agency, with enforcement granted to the Nantucket Planning
Board pursuant to Zoning By -law section 139- 8B(7)(4), presented to the Planning Board within
twelve (12) months from the date of this decision (May 17, 2010). Uses' permitted in the area
designated as open space shall comply with the uses specified in Zoning Bylaw section 139 -8B(6)
and those uses specified in MGL c. 184, sections 31 and 32;'
6of8
133567
Harbor Terrace Major Residential Development December 18, 2009
5. That the applicants have volunteered to make a monetary contribution of a maximum of $2500
and an in -kind contribution for legal services to layout East Creek Road as a public way between
Orange Street and Spruce Street, thereby achieving an improved public access to the creeks;
6. That the applicants have volunteered to grant to the Wannacomet Water Company /Town or
County of Nantucket an easement to access the proposed fire hydrant on Lot 3;
7. That the lots shall be prohibited from any further subdivision. However, minor lot line
adjustments shall be permitted through the process;
8. That a maximum of one (1) dwelling unit shall be permitted per lot, with ancillary structures
being allowed;
9. That no commercial uses, other than home occupations, shall be permitted on any lot;
10. That East Creek Road will be improved beginning at the northerly end of the existing pavement
and continuing northerly for approximately two hundred and thirty five (235) feet.
Improvements consist of re- grading the road, widening to a variable width of fourteen (14) to
sixteen (16) feet, and surfacing with a geogrid reinforced gravel wearing surface. All roadway
improvements shall be completed within two (2) years from the date of this decision (May 17,
2010)
11. That a Maintenance Schedule for East Creek Road shall be submitted within six (6) months from
the date of this decision (May 17, 2010);
12. That all lots shall be connected to municipal water and sewer;
13. The following intensity regulations shall apply:
a. Maximum Ground Covcr
i.Lot 1 —1600 square feet
ii.Lot 2 —1825 square feet
iii.Lot 3 -- 2000 square feet
iv.Lot 4 — 2000 square feet
b. Front Setback —zero (0) feet
c. Side /Rear Setback — five (5) feet
d. Minimum Lot Size — 5,000 square feet
e. Frontage — 20 feet
14. This Special Permit shall lapse unless substantial construction or use authorized hereby has
commenced within two years of the date that this decision becomes final. For purposes of this
Special Permit, substantial construction or use shall mean (i) completion of the improvements on
East Creek Road, (ii) recording /filing of this Special Permit and the ANR plan with the
Nantucket Registry of Deeds and /or the Nantucket Registry District of the Land Court, and (ii:)
construction of the driveway to East Creek Road..
7 of "a
133567
Harbor Terrace-Major Residential Development December 18, 2009
RECORD OF VOTE
On May 17, 2010 the Planning Board by a vote of 4-1 (McLaughlin opposed) made the finding that the
revised application contained specific and materW changes to the plan upon which the previous decision was
based. After discussion and public testimony, the Board voted 5 -0 to CLOSE the public hearing.
Upon a motion to approve the MRD Special Permit request the Planning Board voted 4-1 (McLaughlin
opposed) to approve the Major Residential Development (MRD) Special Permit. The motion passed by
achieving the required super - majority of four (4) votes in favor, therefore, the application is APPROVED.
On May 17, 2010, to.A��_ voted 4-1 (McLaughlin opposed) to ENDORSE this decision.
/. c ...O
Lowell 9 A A ROVED DENIED
Linda F. WMiams ,.0
APPROVED
C O M M O N W E A L T H OF, M A S S A C H U S E T T S
Nantucket, SS
I yol A?. 2010
On the--�-� d2v ofsk"L10, before me, the undersigned notary public, personally appeared
.yG�lYlic•.� one of the above -named members of the Planning Board of
Natituc et, Massachusetts, personally known to me to be the person whose name is signed on the preceding
document, and acknowledged that he /she signed the foregoing instrument voluntarily for the purposes
therein expressed,
1 CERTIFY THAT 20 DAYS HAVE ELAPSED AFTER
Not fu lic THE DECISION WAS.FILED IRTHE QFFIL� OFD
11EEN'
My Commission Expire
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NANTUCKET ZONING BOARD OF APPEALS RECEIVED
TOWN AND COUNTY BUILDING BOARD OF ASSESSORS
NANTUCKET, MA 0255A
DEC 15 2011
ASSESSOR'S LIST OF PARTIES IN INTEREST TOWN OF
NANTUCKET, MA
PROPERTY OWNER: 7 t Ao wn]E ),
APPLICANT FOR RELIEF (SAME? ):
ADDRESS OF PROPERTY:
ASSESSOR'S MAP - PARCEL:
LIST OF PARTIES INCLUDING ADDRESSES
*(OR SEE ATTACHED ) :
U
I certify that the foregoing (or the attached ) lists all persons,
natural or legal, who are owners of abutting property, owners of land
directly opposite on 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 applicable tax list [per M.G.L. c.40A, §11 and....Zoning Code
Chapter 139, §139-29D(2)] .
&IC'. I 626W i �) A/,
Date —� Assessor's Office
Town of Nantucket
*NOTE: Applicant (Petitioner) should include with the lot for which zoning
relief is sought, any commonly -owned abutting lots which might become
involved in the zoning matter. List map and parcels for each abutter.
Submitted by Vaughan and Dale, P. C.
Date:
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To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
011 -12
Owner /Applicant: EAST CREEK NOMINEE TRUST,
WILLIAM F. HUNTER, TRUSTEE
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
A,n_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.
iz
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
12 & 14 East Creek Road, 4 Harbor Land Court Plan No. 34972 -B
Terrace
Assessor's Map 55, Parcels 52 and Certificate of Title No. 23,700
57
Residential Commercial
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday,
February 9, 2012, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket,
Massachusetts, the Board made the following Decision on the Application of
EAST CREEK NOMINEE TRUST, WILLIAM F. HUNTER, TRUSTEE, c/o
Vaughan, Dale, Hunter, and Beaudette, P.C., PO Box 659, Nantucket, MA
02554, File No. 011 -12.
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 — frontage) in order to divide the Locus into two lots, when
four lots were permitted by a Major Residential Development Special Permit
granted by the Planning Board. One of the two newly created lots will have
frontage in the amount of 20.47 feet when forty (40) feet of frontage is required in
the Residential Commercial Zoning district. The Locii are situated at 12 & 14
East Creek Road and 4 Harbor Terrace, are shown on Nantucket Tax Assessor's
Map 55 as Parcels 52 and 57, is shown on Land Court Plan No. 34972 -B as Lot
2, is shown in Plan Book 1052, Page 58, and title is registered as Certificate of
Title No. 23,700 in the Nantucket County Registry District of the Land Court. The
property is zoned Residential Commercial.
3. Our Decision is based upon the Application and accompanying materials, and
representations and testimony received at our public hearing on February 9,
2012. The Planning Board made no recommendation, finding that the
Application did not present issues of planning concern. There was no abutter
comment either in favor of, or in opposition to, the application.
4. Attorney William F. Hunter represented the Applicants. Attorney Hunter
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 — frontage) in order to divide
the Premises into two lots, when four lots were permitted by a Major Residential
Development Special Permit ( "MRD ") granted by the Planning Board.
The Applicant is requesting a Variance from the frontage requirements,
specifically from the 40 feet as required in the Residential Commercial zoning
district, in order to propose an Approval Not Required division (ANR) of its
property to create two lots, one of which will have 20.47 feet of frontage.
The Premises are located at 12 & 14 East Creek Road and 4 Harbor Terrace and
are presently improved by two single - family dwellings. The Premises consists of
two parcels of land: Map 55, Parcel 52 (1.015 acres); Map 55, Parcel 57 (0.1248
acres). The Premises also has the benefit of a MRD granted by the Planning
Board that allows the creation of four buildable lots with access from east Creek
Road and from Harbor Terrace.
Attorney Hunter explained that the Applicant now wishes to abandon its rights to
the four -lot MRD in order to divide the Premises into two lots, one of which will
have 20.47 feet of frontage in a zoning district where 40 feet of frontage is
required. Attorney Hunter further explained that Lot 1, the lot with 20.47 feet of
frontage, was allowed by the MRD because the frontage requirement for MRDs
is only 20 feet. The Applicant is not proposing to alter the layout or the
dimensions of Lot 1 that was approved by the MRD.
5. After a discussion with counsel for the Applicant, the Board found that
owing to 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, financial or
otherwise, 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 such bylaw. Specifically, the Board
found that the two -lot ANR will be more with keeping with the intent and purpose
of the zoning bylaw than the four -lot MRD that was approved by the Planning
Board, even though one of the lots created by the ANR will have less than the
required minimum frontage for the Residential Commercial zoning district.
6. Accordingly, the Board of Appeals, by a unanimous vote GRANTS, the relief
by VARIANCE in order to allow the Applicant to divide the Locus into two lots,
one of which will have frontage in the amount of 20.47 as shown on the plan
entitled, "Plan of Land, 12 & 14 East Creek Road and 4 Harbor Terrace,
Nantucket, Massachusetts," prepared by Site Design Engineering, LLC, dated
November 22, 2011, attached hereto as "Exhibit A," with the condition that the
Applicant shall abandon the rights to the Major Residential Development Special
Permit in favor of the suggested Approval Not Required Plan.
SIGNATURE PAGE TO FOLLOW
Dated: Klf� , 2012
Mark Poor
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. ' 1 N Y , 2012
On this V day of Y 2012, before me, the undersigned Notary Public, personally
appeared V41--I %,•G , 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 he signed it voluntarily for its stated purpose.
Not lic:
My commission expires:
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