HomeMy WebLinkAbout017-13 31 Sheep Pond RoadPrint Form
RECEIVED
TOWN OF NANTUCKF'Y3 A °R 4 Pfd 1 42
BOARD OF APPEA'AffUCKET TOWN CLERK
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00 File No. 00 -13
Owner'sname(s):SOLOMON E ELIZABETH KUMIN
Mailing address:530 PARK AVENUE, APT. 12C, NEW YORK CITY, NY 10065
Phone Number: 917- 992 -8889 E -Mall: SOLOMON. KUMIN ®SAG COM
Applicant's name(s): (SAME)
Mailing Address: (SAME)
Phone Number. (SAME) E -Mall: (SAME)
Locus Address: 31 SHEEP POND ROAD AssessoI's Map /Parcel: 63/36
Land Coup: Plan /Plan Book & Page /Plan File No.:35782 -B, LOT 7
Deed Reference /Certificate of Title: 22521 Zoning District LUG -2
Uses on Lot- Commercial: None X Yes (describe)
Residential: Number of dwellings) Propsd Duplex Apartments
Dare of Structure(s): all pre -date 7/72 or
Building Permit Numbers:
Previous Zoning Board Application Numbers: NONE
2 Fakgmmda Road N=Wcket Maesachaaatb 02554
50 &22&7275 telephone 508-228.7298 facdmge
State below or attach a separate addendum of specific special permits or variance relief applying for
I certify that the information contained herein is substantially complete and taste to the
best of my knowledge, under the pains and penalties of perjury.
SIGNATURE: Owner*
SIGNATURE: (}i2G1 Applicant /Attomey /Agent*
*If an Agent is repres the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on:_ / / By_ Complete:_ Need Copies:_
Filed with Town ClerkJJ_ Planning Board: -/ —/_ Building Dept.: —/—/_ By:_
Fee deposited with Town Treasurer:—L/_ By:_ Waiver requested:_
Granted: / / Hearing notice posted with Town Clerk -/J Mailed: - / /
I &M /_/ —&—/—/ Hea ing(s) held on:_/ / Opened on :_/ /
C _
ontinued to: / /—Withdrawn: / / Decision Due By:_/ /
Made: / / Filed w /Town Clerk / / Mailed: / /
2 Fairgrounds Road Nantucket Mawachusem 02554
508- 228 -7215 telephone 50&228.7198 faeeimlk
ADDENDUM
Applicants are seeking Variance relief pursuant to Nantucket Zoning By -law Section
139 -32 from the provisions of Section 139 -16A (setbacks, lot size, frontage) to the extent
necessary. In addition, Applicants are seeking relief by Variance pursuant to Zoning By-
law Section 139 -2 ( "Lot Area ") as related to the requited "upland" area to the extent
necessary.
Applicants' lot (" Kumin Lot ") is located proximate the south shore area of Madaket
along Sheep Pond Road. The Kumin Lot bas been adversely impacted by severe erosion
over the past 15 years, most significantly over the past five years. The Kumin Lot has lost
to date about 2/3 of the upland area. The original single - family dwelling had to be picked
up and moved farther back on the lot in December 2012 and is temporarily resting on
supports. It has been approved by the appropriate authorities to move to a new lot, farther
inland and to the west, thus leaving the Kumin Lot vacant for a time.
The abutting lot to the southeast has also been adversely impacted by severe erosion to
the point where the existing dwelling could not remain in its former location. The lot is
known m 33 Sheep Pond Road ( "Miller Lot's, more particularly described as Lot 8 on
Land Court Plan No. 1 35782 -B, Assessor's Map 63, Parcel 37, and owned by Edward S.
Miller, Trustee of the Edward S. Miller Revocable Trust and Barbara B. Miller, Trustee
of the Barbara B. Miller Revocable Trust.
The Miller Lot originally contained a 720± SF single -story dwelling that had to be moved
off of the lot in December 2012 to an abutting neighbor's lot to the north, owned by
Albert B. Ackerman and shown on Assessor's Map 63, Parcel 39.2. The house is
currently sitting on supports waiting to be moved to the Kumin Lot once their dwelling is
moved to the new lot to the west.
The Kumins and the Millers have entered into a Purchase and Sale Agreement for the
Kumins to purchase the Millers' lot which the Kumins intend to eventually combine with
their own lot. In addition, the Kumins are proposing to move the Millers' small dwelling
off of the abutter's lot to the north (Ackerman) to their own lot, which will be rendered
vacant shortly, to save the Millers' dwelling from demolition and preserve it for the
Kumins' use on their lot. As the lots are subject to Land Court approval it will take some
time to affect this reconfiguration of the lot lines. The current request for relief is solely
for the Kumins' lot at this time. The Millers' house cannot stay on the abutting lot for
much longer interfering with the Ackerman's enjoyment of their property.
As evidenced by the 1998, 2003 and 2007 GIS aerial photographs from the Town of
Nantucket's website and the current surveyed site plan submitted as part of this
Application, it is clear that there has been severe erosion that has affected both the Kumin
Lot and the Miller Lot forcing the removal of the structures from the lots; the Kumins'
dwelling because it was too large to remain on the lot and the Millers' dwelling because
the lot has become too small and the house was endanger of toppling over the cliff. The
Kumin Lot has been reduced from 42,930± SF to 24,451± SF as measured now to the
high water mark, with an upland area of 17,871± SF. The Miller Lot has similarly been
reduced from an original 43,031± SF to 6,078± SF with an upland area of 3,059± SF now
measured to the high water mark. The underlying zoning district is LUG -2 with a
minimum lot size of 80,000 SF.
The Kumins now propose to relocate the Millers' house to the Kumin Lot. All
appropriate approvals from other authorities are either already obtained or in the process
of being obtained. The dwelling is not proposed to be enlarged pursuant to this
Application and will be sited within a building envelope as defined by the attached
proposed plan. The Kumin Lot no longer has road frontage, with the original portion of
Sheep Pond Road that formerly provided frontage on the southwesterly side of the Kumin
Lot no longer usable, being under water. Therefore, the Kumin Lot has only rear and side
yard setbacks available. The side and rear yard setback requirement for subminimum lots
in the LUG -2 and LUG -3 zoning districts pursuant to Nantucket Zoning By -law Section
139- 33E(3)(a) is 10 feet.
The building envelope will contain the Millers' existing 720± SF dwelling to be sited no
farther away from the northeasterly side yard lot line than about 12 feet and no closer
than one (1) foot; and, sited no farther away from the northeasterly rear yard lot line than
22 feet and no closer than one (1) foot, once relocated. The Kumin Lot and Miller Lot are
encumbered by a 20 -foot utility easement which is being used for vehicular access since
the portion of Sheep Pond Road that had provided frontage is no longer passable. If the
Kumins are able to extinguish the easement, or a portion thereof, along the northeasterly
portion of the lot subsequent to the granting of Variance relief, the dwelling may be
relocated to one (1) foot from both the northwesterly and northeasterly lot lines to
maximize the distance of the dwelling from the top of the bank. Should it not be possible
to extinguish the easement, the dwelling would be sited as close as shown on the plan
submitted and thus in conformity with the side and rear yard setback requirement of 10
feet for this subminimum lot.
The groundcover ratio allowed is a maximum of 4 %. If the groundcover is calculated as
if the lot was intact, the 720± SF dwelling would have a groundcover ratio of 0.1 ±^ /o. If
the groundcover ratio is calculated to the current high water mark, the dwelling would
have a groundcover ratio of 2.9 ±^ /o, still under the maximum allowed, and thus would be
conforming.
The Kumin Lot size is and has always been nonconforming as to the minimum lot size
requirement of 80,000 SF as it had an original lot size of 42,930± SF. As the lot now
contains 24,451± SF of area above the high water mark, it has arguably become more
nonconforming. The upland requirement defined in Nantucket Zoning By -law Section
139 -2 for Lot Area would arguably be technically triggered if and when the Miller Lot to
the southeast is combined with the Kumin Lot and the lot lines reconfigured.
Applicants are asking the Zoning Board of Appeals to grant relief by Variance pursuant
to Nantucket Zoning By -law Section 139 -16A to the extent necessary to validate the
existing lot size, lack of frontage, minimum of a one -foot setback from the northeasterly
and northwesterly side and rear yard lot lines, and validate the building envelope,
allowing the structure to be sited as close as one -foot from the northwesterly and the
northeasterly lot lines; and, to grant relief by Variance pursuant to Section 139 -2 (Lot
Area) to validate the reconfigured lot if and when the Kumin Lot and Miller Lot are
combined in the future without the Kumins or their successors -in -title having to return to
the Zoning Board of Appeals for further relief. Said relief would be particular to the
Kumin Lot as it is presently configured and to the combined Kumin Lot and Miller Lot in
the future without having to seek further relief from this Board.
The Locus is situated at 31 Sheep Pond Road, Assessor's Map 63, Parcel 36, and is
shown as Lot 7 on Land Court Plan 35782 -B, Certificate of Title 22521. The property is
zoned Limited Use General -2.
FINDINGS
The Kumin Lot as it is currently configured and the combined Kumin Lot and Miller Lot
would meet the requirement for a grant of Variance relief, owing to circumstances
relating to the soil conditions, sandy and uneven terrain severely affected by erosion,
shape, as the lot has a shifting irregular triangular shape and no longer rectangular as it
was previously, or topography of such land or structures, with over 1/2 of the lot
submerged beyond the high water mark, 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 petitioner or appellant, 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.
Relief could be conditioned on
- Substantial compliance with attached Exhibit A showing a minimum of a
one -foot side and rear yard setback; and
- There would be no further expansion of the structure or uses on the lot
without further relief from this Board.
BRACKEN
NG POND P AD
A V. N.S B.Y, M A0391 N ANT.CREl, N.A0l
ITep mM31T .00'm ITen meazseum
}i
0
/
NaZ aS
e1
PLAN TO ACCOMPANY A
ZONING BOARD OF
APPEALS APPLICATION
AT
931 SHEEP POND ROAD
IN
ELIZABETH I. K MIN
x �z
uuM
snvis m t••a a seta
ow�W iw
pMA OF'6MW 1N1
/ a
/ d
{xpp'p;
60
\
O
z
g
�M z
A2 $p
\
h+r :-
fi 4'
BRACKEN
NG POND P AD
A V. N.S B.Y, M A0391 N ANT.CREl, N.A0l
ITep mM31T .00'm ITen meazseum
}i
0
/
NaZ aS
e1
PLAN TO ACCOMPANY A
ZONING BOARD OF
APPEALS APPLICATION
AT
931 SHEEP POND ROAD
IN
ELIZABETH I. K MIN
x �z
uuM
snvis m t••a a seta
ow�W iw
pMA OF'6MW 1N1
60
\
O
z
g
�M z
A2 $p
� zE
�p�p
'�� @fi@�@�@�'''n•••'''''
mo.zzN
Y H4jlA
LL
BRACKEN
NG POND P AD
A V. N.S B.Y, M A0391 N ANT.CREl, N.A0l
ITep mM31T .00'm ITen meazseum
}i
0
/
NaZ aS
e1
PLAN TO ACCOMPANY A
ZONING BOARD OF
APPEALS APPLICATION
AT
931 SHEEP POND ROAD
IN
ELIZABETH I. K MIN
x �z
uuM
snvis m t••a a seta
ow�W iw
pMA OF'6MW 1N1
6
IPA .
E E ss0`
°�
n y A A
A@ \
i^ /a
1!�
\ VT$ r V
\ 0 •\ anwL
o
m� §$ a�g
ID
i
pkp,5
Win
P jj��
to
Y ��
je� g
�LC M�x
>• a�e
cc
BRACKEN `nP AN TOACCOMPANYA
ZONINO BOARD OF
APPEALS APPLICATION
AT 1
#31 SHEEP POND ROAD ROAD 19OLOSOUTHRICAD 49 HERRING PON.
uuaaos aAT mA 0]5]2 NANTUCKET, RA ox55
' NANNCKET,MA
(rep wenwmo * p so
DDI-2" .q.me ELIZABETH I. I MIN Yuu oraaAw m,r 101
GLIDDEN & GLIDDEN, P.C.
ATTORNEYS AT LAw
P. O. Box 1079
37 CENTRE STREET
NANTUCKET, MASSACHUSETTS 02554
508 - 2280771
FAx 508-2 2 86 2 0 5
OFFICEOGUDDENANDGLIDDEN COM
RICHARD J. GLIDDEN JAMES K. GLIDDEN
JESSIE M. GLIDDEN (1917 —2009)
To whom it may concern:
Please be advised that I represent Edward S. Miller, Trustee of the Edward S. Miller Revocable
Trust, and Barbara B. Miller, Trustee of the Barbara B. Miller Revocable Trust, owners of the
property known and numbered as 33 Sheep Pond Road (more particularly described as Lot 8 on
land Court Plan No. 35782 -8, and shown on Assessor's Map 63, Parcel 37). The Millers have
entered into a Purchase and Sale Agreement with Solomon Kumin and Elizabeth Kumin relative
said property. As pail of said Purchase and Sale Agreement, the Millers authorize the Kumins,
their agents and representatives, to file any applications and/or permits relative to the property,
including but not limited to Historic Districts Commission, Zoning Board of Appeals, Planning
Board, Conservation Commission, Building Department, and Board of Health.
Trusting this letter is sufficient for your files, I remain,
Town of Nantucket
Zoning Board of Anneals
RECEIVED
BOARD OF ASSESSORS
MAR 15 2013
TOWN OF
NANTUCKET, mA
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER ....... E.4 1.0 b. C+ h... Kld( :I.1!!'? .......................
MAILINGADDRESS .................................... j.... .........n...J.................
.a PROPERTY LOCATION ..l ... �..lr'114CP...f.6rN� ...%� ...............
ASSESSOR MAP/PARCEL .....
GCS�I. '.�.Z9.....
SUBMITTED BY.. U. na4. .4- .i.41nrm5. ..... -.S.A.H..o?�!
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons 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 300 feet of the
property line of owner's property, as they appear on the most recent applicable tax
list (M.G.L. c. 40A, Section I 1 and Zoning Code Chapter 40A, Section 139 -29B
(2)•
DATE A WSSOR'S OFFICE
TOWN OF NANTUCKET
;1 ,,,.,. =.. ;,r,
)
§
§))
\)
§
§(
\(
\)()
!!§! ! \, �`•|
;
.
;1 ,,,.,. =.. ;,r,
\(
!!§! ! \, �`•|
;
.
Town of Nantucket
Zoning Board of Appeals
VW 13N0n1NVN
:3O NM01
E10? S I aVA
SUOSS3SSV :io aavoa
03AM93 j
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER .... F.d.waf.ci ... MII. AC f .............................
MAILING ADDRESS ....................................... ...............................
PROPERTY LOCATION. ................
ASSESSOR MAP /PARCEL...CO. ............. ...............................
SUBMITTED BY..`,,,t.n=%a. !.Q MS .. ...............................
.soa -aai- 043a
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons 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 300 feet of the
property line of owner's property, as they appear on the most recent applicable tax
list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B
(2)•
DATE A SSSSSOR'S OFFICE
T OF NANTUCKET
C 1 9���. 2� C C
Y ¢ K K
m
pC uF
m 2 YV Y m V}
V
N 2 Z N 2 N N
€
€
€ggggg
vq
F O m
a
F
F
fl N
8
8
8
8
8
8
8
8
z�
wN..www
H
VI
i
V
H
C 0L�
m
d
'SG
wz
3
m
Q
Z���oymm
Z F N 6 Y Y
6
4
a
n
n
n
n
n
ry
n
s
p
o
n
w
n
a
a
C 1 9���. 2� C C
m
Y ¢ K K
m
pC uF
m 2 YV Y m V}
V
N 2 Z N 2 N N
p4
V m O
vq
F O m
a
F
F
fl N
z�
wN..www
H
VI
i
V
H
C 0L�
'SG
wz
3
m
Q
Z���oymm
Z F N 6 Y Y
6
m
�m�u 112 13 1 G:44a
e ■
%M
�F
a
Linda lNil'.iams
5082282302 p.1
RECEIVED
F013 JUL 12 Pn 1 02
NANTUCKET TOWN CLERK
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
File No. MAO- xVi ^`_1 3iap..
TLis agco mem to extend the tisee limit Fnc the Bond of.lppea6 m Duke a daiilon, hold a ptrblie haring, of
to take mhaa action woconing the spoliatlon of
s lbm�3tllafid' alixbtiii9l ":iicatm� a 7 ??tlrtsi 13119$Sa:�'t t r 6 :�.: :'I r rr tl.? s!..ilit;
ponvanc to the provision of the Acts of 1987, Chapter 498, amerling the State Zoning Act, Chapter 40A of
the -Maoacimia is Genanl Laws, Applicmt(s) /pctitionc(s) and the Zoning Boaad ofApptah hereby agmc to
nt.d the time limit
o poc a public ii on the application
M Forawrittmdvitioo
C Foxob tt 1'1a 3i`'.�3gglpp.xeli YyIFt I I t l�fi 11 IY l�; 1t99t f s �',e?( 4fif3PiHa!sl.;di
Stichappliratioah:
o An ap,aalfmm tbc decision ofany adminisrnria official
O A petition focaapecial pestmt
A petition fins aradance
o An eatmsion
o A modifscaaoo
Th <sww time'; ^�shvLLbem A�eht oo AtSaeiSC^ilE8', ZOI�;$'ii lll,..r4v "t'I whiehia noteadic tban
a timc limit act by afattste asbyhw.
The Applicaa[ (s), aaomey, uc'° "r for the Appli<vo[ vepaesea�d to be daily acthssrized to accio dais mattes
foc a. applicant, in taeceting dta ageemeo[ y sagbta vml,c0 Nanmcket Zo:drg B,h and tlse
State Zmcnli to ca s to he eplrnSiomosistmtwithdsisagaccmat
Fax al
Ppaals
To Clak Stamp:
BEF v Dam of A}fasusa
2 Fairgrounds Road Nanmeke< Maaaachoeette 02554
508 - 228 -7215 mlepbane 508 - 2247298 facaimile