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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DUE BY:—/—/— Made:—/—/_ Filed w /Town Clerk:—/— DECISION APPEALED?:—/—/ SUPERIOR COURT: LAND CC /_/ By: Granted: Withdrawn ?: / /_ / Mailed: / / iURT Form 4/03/03 ADDENDUM TO THE APPLICATION OF WILLIAM F. HUNTER, TRUSTEE EAST CREEK NOMINEE TRUST William F. Hunter, Trustee of the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. 131927 . I I ��Ilulllll 1��IHINH II 111 Bk: 1262 Pgt 310 Page; 1 at 7 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 131927 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 131927 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 131927 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 (�fiFlCAT>< 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 131927 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: tYi aSs pti1� � 2 es � Gomc�Gocom\18 202 FACUENTS Q, R S, T, WIOSEN, MICHAEL do RACHEL \12 & 14 EAST CREEK - SALMdeed-Vtdoc I�I�NIN �IIINN� n Cart: 23700 DOW SP Regletered: 06/0312011 11:20 AM 133567 n x; Nantucket Planning Board. Q R_ W ONIONS! sk: 1278 Pg: 197 Petge: 1 of 0 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 2of8 133567 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; 3of8 133567 Harbor Terrace Major Residential Development December 18, 2009 ■ 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 4of8 133567 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 5of8 133567 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 • SST: A TRUE• 0bPY 0` �° a. •� Tl�i✓l!�!3'C�W�HK- TOWN CLERK ANI?T'HAf tl MI •w- FILED, pUPSUAKTO.GBERALLAM4liJ►2001411 TOWN CLUK MAY 0­2 2011 0 of o J \ d y yytl/yyu q gg T)INI3tl H13ewm 4 N3SOH S31VVHD 'N3SOH'013HOVN'N3SOtl'S l3VHOIW :NOd 03HVd3Nd LS 8 ZS 130HVd'SS dVW XVl Z g F � 3,x�• ' Q1 LION bye. \d ty �d� �'� � J �: .m ZF�r'• � d a VV 113Non1NVN 4N N33NO 1SV3 4L 8 3OVNN31 NOSNVH 6 Z N LL n o r C4 a€ NVId NOISIn148f1S 2iNV Q 4 di S9 a �mg Uu�a: � � � � � °�s[d I � ?§ a off: �? 3 4 •it(t @�_ h El o I rI F° =8e3 g� SICK ov • n � I �: E?gk akYege �RdoE� � ° -��2 � a d � y � � <d � F e�L4aa see i �ve � Flg FIB tl °.� W28 g' a:SIS E 5 �tWtt„k. p�Y u 11 <ggg � --Naga 2 �gp w ,. gn h Ek '' o °o a xo.00' y@y@ n al P za.eY 6 s0i1F9Y�. \ ob Ap� / \ V ��� 33�� d epai off. , ,„ /\��•,hry \�a \\// z � � X789 I try I P, g yy a � �pFgP / °`%•F e�L��� // �4 Vla.v7a- ;uonn arty y��. mN �h�4 an o�3bkCb 6y I 9 Be 9E 8R ag S y �: aE I f b F E{ F o goq R, HE SHIM � i 11; 4a F�e �u a Fh k a a \ d y yytl/yyu q gg F � 3,x�• ' Q1 LION bye. \d ty �d� �'� � J �: .m e J" ^�,e� ` di � i 11; 4a F�e �u a Fh k a a t:�Tft Oit v: 133567 Wag JO Jals►fiaS lu"JJH -H JBJ►UUBf :Iszf'' ;V r"ZI03 I Pahlalai; "M 13N'MINVN - rr NMI --i rn CS o 8 F"rl M I rm 0 $ F 4 4 a � � s " CZWiI �a .0 G 3 a z _ g i 15's E 8� „„ 0 s 2 ig u $$g 2 a. $ us " o Htl G N as �s a= woN U. soa s W $�= o €o 3 '1° ng Eva 8j old° ��g aba Fj w § _ a m $ w w 0 °d ¢ a ^o isna1 33NIV40N N3383 1SV3 2101 032Nd31d Z S113SnH9VSSVN '13)13f11NVN 30V8831 U09?3VH 4 GNV o 4V08 N3389 1SV3 K 72 ZL < ° J 1 Nd-1 JO N`dId a r o r 6 e a I 3 I$ N 61° fi _ 4 alb la' � 4 0 o n Sa 8 / Q 0l 4 al iyP �gg$1 C � i� r °� Jo o W W, o gQ a s mad "� 2¢3 5 8 t $ 5_ U o Cd �g zog F°�<M <H° Fj 'k4 E R s alg w § _ a m $ w w 0 °d ¢ a ^o isna1 33NIV40N N3383 1SV3 2101 032Nd31d Z S113SnH9VSSVN '13)13f11NVN 30V8831 U09?3VH 4 GNV o 4V08 N3389 1SV3 K 72 ZL < ° J 1 Nd-1 JO N`dId a r o r 6 IeN 1 •N a I 3 I$ N 61° � 1 _ 4 alb la' � I N�o7 Fa €o o n Sa 8 / s -" 0l 4 al iyP C � i� r °� Jo W W, o gQ a s mad "� 2¢3 5 8 t $ 3� < da "a "66 �° =a� R� W =oz m§gg U o Cd �g zog F°�<M <H° 'k4 E R s alg /d r / ^o b� J �N� IeN 1 •N a I 3 I$ N 61° � 1 _ 4 alb la' � I 1 8 / U > �J 0l 4 al iyP t �M 'k4 E R s alg OL od, r / ^o b� J �N� IeN 1 •N a Ixm� a r / Dt la' dbmb� y OL od, Y y S 2 S e z m A lc�ol r� <Y r / ^o b� J �N� IeN 1 •N T Ixm� a r / la' Y y S 2 S e z m A lc�ol r� <Y r / T a dbmb� y a� m' J �W \ �y E of a� x 3dF Wd N� aD "$ gEl L� _b Y d i E g _ I _ BOA Form 2 -$9 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: C 0 b 0 a° "m a a N F N YI U N N ro H H H a H Px W :D H Zi �mz z Qj N pN 3 O U N z 41 C P 1' r h C R C i qq qq q R ,7. 7. N N U U C. Ci N 4G a N N F H m N PEI fFq F7 O W F E+ W lL W 14 kS W W N N W W m N z >IFA a W c7 a a WWaW WW U' [WWW[I� WWWW U' _, '!jG,7,7!���� W U''jj'.�� C7 W H O NOo W U Ca 0 U U O a a O o Psi a H W zC7 N W W W a s a a x N C7 V' W o m �o N N m V' N N V� z O O nl b N rn O N N �'1 N 3a m v e o �n a ul v c c v �n ul v a v vl c a e c a In In m ul c� � m N a o cn In m m m in In In ul ul ON N N N N N N N N ul N N N N N N N N N N N N rn `f N N N N N N N N N N O O 0 0 0 0 0 0 rl OI 0 0 0 0 0 0 0 0 0 0 H x El WHW WHW H(y�. �H�77 µFµ77 W qq �H H[y�. 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N N ul � N� N N ro a I rl N a rl rf O N N 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: Ln --I r O O 4 2 D 9® Z x ep 4 - '141N Ali 1N u �2�t off. `/ �o \`\V � �,fi6941 a9z g��y �• $ P' Y/ .•p�'f' \ N.00 OL �a 3.lf.lPWS F.� Ziy ; ?� s �� yng s3' r\ \ M \ \vzy\ \ 4"�.h ✓ �.Lr s R $ ms�� F R� R R R s $ A gS«yi oo i:ni o� =dry 9ti �gNRSn 6 3 $ a w go a m z 'U ^a _ e � v c�az ] � � v oho KNyy' PLAN OF LAND 9 _" z 12 & 14 EAST CREEK ROAD ° o o AND 4 HARBOR TERRACE a m rj z NANTUCKET, MASSACHUSETTS j C7 PREPARED FOR EAST CREEK NOMINEE TRUST 9 N--1 N--1 OAn I OESCMVTON MR10�ED