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Home My WebLink About029-13 103 Eel Point RoadVAUGHAN, DALE, HUNTER AND BEAUDETTE Leslie Snell, Nantucket Zoning Administrator Town Building Annex Two Fairgrounds Road Nantucket, Massachusetts 02554 RE: Elizabeth Bmudis, Trustee of the Sound View Realty Trust M 15 RECEIVED 7913 fIRY 24 Pfd 1 32 NANTUCKET TOWN CLERK Request for Section 139- 33A(4) Determination 103 Eel Point Road Nantucket, Massachusetts 02554 Dear Leslie: Pursuant to our telephone conversation this morning, this letter will serve to confirm that my client, Elizabeth Bmudis, Trustee of Sound View Realty Trust, and the owner of the improved real estate located at 103 Eel Point Road, Nantucket, Massachusetts 02554, hereby withdraws her request for a Section 139 - 33A(4) Zoning Determination in the above matter and hereby files an Application for Special Permit Relief pursuant to Section 139- 33A(4) of the By -Law to allow the reciprocal exchange of a small parcel of 103 Eel Point Road land with abutting land located at 105 Eel Point Road owned by Margaret Cunningham, PROFESSIONAL CORPORATION Amoaaars eT Lew Waer is Lena EDwe Fouy VADOae P.O. D03659 %avrxF.De Ne caar,Messecansarr m5m Wnr Rffv rrsa — Hi a P.HaeDDarra xm:nsae�azenass _ AAS130B122B30')0 Lo Tff May 13, 2013 HAND DELIVERY Leslie Snell, Nantucket Zoning Administrator Town Building Annex Two Fairgrounds Road Nantucket, Massachusetts 02554 RE: Elizabeth Bmudis, Trustee of the Sound View Realty Trust M 15 RECEIVED 7913 fIRY 24 Pfd 1 32 NANTUCKET TOWN CLERK Request for Section 139- 33A(4) Determination 103 Eel Point Road Nantucket, Massachusetts 02554 Dear Leslie: Pursuant to our telephone conversation this morning, this letter will serve to confirm that my client, Elizabeth Bmudis, Trustee of Sound View Realty Trust, and the owner of the improved real estate located at 103 Eel Point Road, Nantucket, Massachusetts 02554, hereby withdraws her request for a Section 139 - 33A(4) Zoning Determination in the above matter and hereby files an Application for Special Permit Relief pursuant to Section 139- 33A(4) of the By -Law to allow the reciprocal exchange of a small parcel of 103 Eel Point Road land with abutting land located at 105 Eel Point Road owned by Margaret Cunningham, Leslie Snell, Nantucket Zoning Administrator May 13, 2013 Page 2 of 2 Trustee. Such Zoning Relief will allow Mrs. Cunningham to relocate her existing house which is threatened by the ravages of erosion. Please mark this matter for hearing before the Nantucket Board of Appeals on Thursday, June 13, 2013 and call me at 508- 2284455 if you have any questions or concerns. (Please apply the $300.00 filing fee and prior documentary submissions which I filed with the request for a Zoning Determination to this Application). Thank you for your help. Sincerely, KFD /mein Enc. cc: Elizabeth Bmudis, Esquire Mrs. Margaret Cunningham APPLICATION Fee: $300.00 File No. On-13 Owner's narre(s): Elizabeth Braudis, Trustee of Sound View Realty Trust Mailing address: clo Elizabeth Braudis, 101 Arch Street, Boston, MA 02110 Phone Number. 617 -023 -3900 B-Mail: ebraudist@fdcco.com Applicant's name(s): same Mailing Address: Phone Number: E-Msi1 Locus Address: 103 Eel Point Road Assessor's Map/Parcel: 3216 Land Court Plan /Plan Book & Page /Plan File No.: Lot 1, L.C. Plan No. 13887 -L Deed Reference /Certificate ofTifle: 15,185 Zoning District LUG -2 Uses on Lot - Commerdal: None x yes (describe) Residential: Number of dwellings 1 Duplex Apartments Date of Structure(s): all pre -date 7/72 No or Building Pe®it Numbers: Previous Zoning Board Application Numbers: 2 Fnu,.unds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508 -228 -7298 facsinnile State below of attach a separate addendum of specific special permits or variance relief applying for The Applicant seeks a Special Permit pursuant to Section 139- 33A(4) of the By -Law to permit the Applicant to exchange a small parcel of the lows for a comparable parcel of land from her abutter at 105 Eel Point Road to allow for the relocation of the existing house at 105 Eel Point Road which is threatened by erosion. I certify that the information contained herein is substantially complete and toe to the best of my knowledge, under the pains and penalties of perjury, SIGNATURE: Elizabeth Breudis, Trustee Owner* By her Attorney, // �j� SIGNATURE: L�y®[— /- x� /P'�---- Applirant/Attomey /Agent* Kevin F. Dale, uire *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:'r_j /,i• ffl5 ByMM Complete.qM Need Copies: Filed with Town Clerk: JJ_ Planning Board:J,_ Building Dept.:-/-/- By Fee deposited with Town T�easu�e� J_/ By Waiver tecluested: Granted//El Heating notice posted with Town Clerk J_/ Mailed I &M�% &/'/ •? Hearing(s) held on• j Continued tom/ .'/_j Withdrawn /2�/1 Dectsion Due By.�/ jP Made• /a /qi4 Filed w /Town Clerk /_/ Mailed:// 2 Fairgrounds Road Nantucket Massachusetts 02554 508,228 -7215 telephone 508- 228 -7298 facsimile ADDENDUM "A" The Applicant, Elizabeth Braudis, Trustee of Sound View Realty Trust u/d/t dated February 7, 1992 and registered as Document No. 55788 at the Nantucket Registry District ( "Braudis') is the owner of the improved land located at 103 Eel Point Road, Nantucket, Massachusetts 02554 shown as Lot 1 on Land Court Plan No. 13887 -L filed with Certificate of Title No. 3547 at the Nantucket Registry District ("Braudis Land"). The house and land abutting the Braudis Land located at 105 Eel Point Road ( "Cunningham Land") are threatened by erosion and the house must be relocated. Braudis asks the Board of Appeals to grant her a Special Permit pursuant to Section 139 - 33A(4) of the By -Law to permit her to exchange a small parcel of the Braudis Land for a comparable small parcel of the Cunningham Land to enable Cunningham to relocate her house and avoid the destructive forces of erosion. The Braudis Land is a pre - existing, non - conforming lot created in 1970. The lot has an area of 36,465 sq. ft., frontage on Eel Point Road of 117.67 feet; and a ground cover ratio of 4.6% (1,670+ sq.ft.). The Braudis Land is located in the LUG -2 Zoning District and the intensity regulations for this District require a minimum lot size of 80,000 sq. ft., and minimum frontage of 150 feet. Further, the Braudis Land has an existing upland percentage of 84 %. The land exchange will reduce this upland percentage to 82% of land area. The required upland percentage of land area is 90 %. The proposed reciprocal exchange of comparable parcels of Cunningham Land and Braudis Land which results in a 2% reduction in the upland area of the Braudis' Land (84% to 82 %) will not be substantially more detrimental to the neighborhood than the existing use of the Braudis Land and, further, the allowance of this land exchange will help protect the existing house on the Cunningham Land from the ravages of erosion. The Applicant asks the Board of Appeals to issue the requested Special Permit pursuant to Section 139- 33A(4) of the By -Law. -t•o-� 1" ; :A Iii Iii @ s t ! $f tft to `s tt € li° sat 1 _ II g e 11 4— E ° „B —g11 a IEB a M�; rl is ;yj90 i If '� 1 SE9�A s\ I 111`ct- eE� p'p I y�I It u � u ' 1 I �w.� ap g4i�i1 1 t r 1 1 1 6tA jss a y F 4fas��s t. 'A a a¢ 1 a 5� ?gz § taieAE6 '! f 8-g SCARE OFAPPEALS - m SITE PLAN § ° $ f _— t €td y $j 105 121 ROAD $ ppf �r e>i� 'L J TOWN OF NANTUCAT, a BOARD OF APPEAL S'� NANTUCKET, MASSACHUSETTS f 5,,S4 i Date: July 31 � �O' 3 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: Owner /Applicant: ELIZABETH BRAUDIS, TRUSTEE SOUND VIEW REALTY Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing a complaint in Land Court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (29) days. Edwar3 $. Too }e, 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 BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 32, Parcel 6 Certificate of Title No. 15,185 103 Eel Point Road Land Court Plan No. 13887 -L Limited Use General — 2 Lot No. 1 DECISION L At a public hearing of the Nantucket Zoning Board of Appeals held on Thursday, June 13, 2013, at 1:00 p.m., at 4 Fairgrounds Road, Nantucket, Massachusetts, on the Application of ELIZABETH BRAUDIS, Trustee of SOUND VIEW REALTY TRUST, BOA File No. 029- 13 with an address c/o Elizabeth Braudis, 101 Arch Street, Boston, Massachusetts 02110, the BOARD made the following DECISION: 2. The Applicant is requesting a SPECIAL PERMIT pursuant to Section 139 -33A (4) of the Nantucket Zoning By -Law to allow her to exchange a small portion of the Locus for a comparable small portion of the abutting Cunningham Land shown as Lot 18 on Land Court Plan No. 13887 -R at the Nantucket Registry District of the Land Court to enable Cunningham to relocate her house on the southern portion of her property to avoid the destructive force of erosion. The Locus is a pre - existing and non - conforming lot created in 1970. The Locus has an area of approximately 36,465± sq. ft., 117.67 feet of frontage on Eel Point Road, and a ground cover ratio of 4.6% (1,670 sq. ft.). The Locus is situated in the Limited Use General -2 Zoning District and the zoning intensity regulations for this District require a minimum lot size of 80,000 sq. ft. and minimum frontage of 150 feet. Further, 84% of the area of the Locus is "upland." The proposed land exchange will reduce this ` upland" to 82% of the area of the Locus. The minimum required "upland" is 90% of Lot area. The Locus is situated at 103 Eel Point Road, Assessor's Map 32, Parcel 6, Land Court Plan No. 13887 -L, and evidence of the Owner's Title is Certificate of Title No. 15,185 at the Nantucket Registry District for the Land Court. The Locus is zoned Limited Use General -2. 3. Our decision is based upon the application, accompanying materials, representations and testimony at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. The Applicants' Attorney, Kevin F. Dale, stated that the proposed exchange of comparable parcels of land would provide sufficient area to the abutting 105 Eel Point Road land to allow its owner, Margaret Cunningham, Trustee, to relocate her house to the south and thereby avoid the destructive threat of erosion. Attorney Dale explained that the reciprocal exchange of comparable parcels of land and the reduction of two (2 %) percent of upland area from the Locus would be minor and would not be substantially more detrimental to the neighborhood than the existing use of the Locus. 4. Accordingly, by UNANIMOUS VOTE of the sitting BOARD, the BOARD OF APPEALS grants a Special Permit for the relief sought by the Applicant pursuant to Nantucket Zoning By -Law Section 139 -33A (4) in accordance with Board of Appeals Site Plan 103 Eel Point Road, Nantucket, Massachusetts prepared by Site Design Engineering, LLC and dated April 8, 2013, a copy of which is annexed hereto as Exhibit "A ". Dated: &01164e I 2013 Kerim Koseatac Mccc,c y Mark Poor COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. N /Yl 2013 On this dayf , 2013, before me, the undersigned notary public, personally appeared and proved to me through satisfactory evidence of identification, which were to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he /she signed it voluntarily for its stated purpose. W& V & NOTARY PUBLIC My Commission Ex � LSNELL IC CHUSEfTS - 2S�OOiS § | . | §`i ƒ M»/ i"N9 ! �kN |� || |� || a. •§ \ % ) j) �§) //§ §k �% §)n ))$ /§`