The URL can be used to link to this page

Home My WebLink About048-13 65 Miacomet AveAugust 12,2013 Leslie Woodson Snell Nantucket Zoning Board of Appeals 2 Fairgrounds Road Nantucket, MA 02554 Re: Access Nantucket, Inc. f/k/a Nantucket Aids Network, Inc. Requestfor Variance 65 Miacomet Ave. Dear Leslie: Enclosed please find an application with supporting documentation with respect to 65 Miacomet Avenue. Applicant and Owner, Access Nantucket, Inc., Ewa Nantucket Aids Network, Inc., is seeking a Variance relief pursuant to Section 139 -32 (Variances) from the Intensity Regulations in Section 139- 8.D(2)(e) (minunum lot size for secondary residential lots for year round residents) to validate the newly created subdivided lots on Locus. Please note that I reserve the right to supplement this application with further materials at a later time. I have also enclosed the filing fee required by the Town of Nantucket in the amount of $300.00. Thank you for your help in this matter. Please feel free to call me should you have questions. Sincerely, Lori D'Elima310 IM6113MIM LLD, hS 6 Wd 6 d3S EIOl Enclosures 43AI30321 cc: Access Nantucket Inc. it ` 'T VAUGHAN DALE, HUNTER AND BEAUDETTE AUG 1 7013 aeOFESSiOeoL OOa >Oaa,ON ATTORNEYS AT Law t' � WHAraNSLA BY:_ ------ - - - - -- EDWAHDFOLEYVA➢HHAN HSvmF.DAm P.O.B08659 NANTUC TMASSACHHSNI°1502554 - n J Or WezrexF.Hmrrea 1 Ala HICAIRTP.BEAIIIIETTa .(508)228-"55 _ PASMW228 -W' o Loa])TE August 12,2013 Leslie Woodson Snell Nantucket Zoning Board of Appeals 2 Fairgrounds Road Nantucket, MA 02554 Re: Access Nantucket, Inc. f/k/a Nantucket Aids Network, Inc. Requestfor Variance 65 Miacomet Ave. Dear Leslie: Enclosed please find an application with supporting documentation with respect to 65 Miacomet Avenue. Applicant and Owner, Access Nantucket, Inc., Ewa Nantucket Aids Network, Inc., is seeking a Variance relief pursuant to Section 139 -32 (Variances) from the Intensity Regulations in Section 139- 8.D(2)(e) (minunum lot size for secondary residential lots for year round residents) to validate the newly created subdivided lots on Locus. Please note that I reserve the right to supplement this application with further materials at a later time. I have also enclosed the filing fee required by the Town of Nantucket in the amount of $300.00. Thank you for your help in this matter. Please feel free to call me should you have questions. Sincerely, Lori D'Elima310 IM6113MIM LLD, hS 6 Wd 6 d3S EIOl Enclosures 43AI30321 cc: Access Nantucket Inc. APPLICATION'�(� 1, Fee: $300.00 File No. V Itl I / Access Nantucket, Inc. F /K/A O,maesname(a): . Nantucket Aida Network, Imo. Ma6ing eddrera: c/o VDH &B, 2 Whaler's lane, PO Box 659, Nantucket, MA 02554 Phone Number; 508- 228.4455 E•M.II, lorOvdhlaw.com App ram's tuame(s), same MaiBng Address: c/o VDH &B, 2 Whaler's Lana, P.O. Box 659, Nantucket MA 02554 Phone Number same E�MaB- same Lowe Address: 65Mlacomet AVe Aesessoes Map /Parcel 67164 Land Court Plan/Plan Book &Page /plan Fife No., Plan Book 18. Paae9 Bk. 411, Deed Reference /CetttBcate of Tide: Pa. 90 ZonhtgDisnict R -20 Uses on Lot- Convradal: Nona X Yes(descdbe) Residential: Number ofdweUbgs_2 Duplex Apartments Pam of 6teucmrc(s): all pre -date 7/72 —or Budding Permit Numb era: Previous ZotdngBoard Application Numbers: 2 Fairground. Road Nantucket Massachusetts 02664 608 - 228 -7216 telspbone 508- 228.7298 facsimile State below or attach a separate addendum of specific special permits or vadance relief applying for, See Addendum, attached hereto, I certify that the information contained herein Is substantially complete and true to the best ofmyknowledge, under the pains and penaldw of perjury. Access Nantucket, Inc. f /k/a Nantacke Aids Network, Ina SIGNATURE' Owner* K vin M rsha , P sl ent SIGNATURE: AppllcanVAttorney /Agene Lori U1511a, AUcilheyfor Nai4ucket Aids Network, Inc. •IEAn Attorney or other Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:_/_/_ Bye Completed_ Need Copies! FiedvAthTown Clerk;. /_/_planning Board:JJ_ Building Dept;_ /J_By` Fee deposltedwith TmvnT±e*sutetJ_ /_ Bye Waiver requested;_ Gmnted�—/—/_ Hearing notice posted whh Town Clerk /_ /_Mailed:_/_ /_ I &M — /_ /_ & /_/_ Hearing(s) held on:_ /_/_ Opened on Continued to` /_/_ WithdratvmJ..-. /._ Decision Doe By:JJ_ Madc:_/_J_. Filed w /Town Clerk•L /_ /_ Mailed;—/,/_ 2 Falegrounde Road Nantucket Mae as ahuenae 02554 508. 228.721'5 telephone 50B- 228.7298 facsimile Addendum Access Nantucket hie. (f/k/a Nantucket Aids Network): Recuest for Variance Applicant, Access Nantucket, Inc., f/k/a Nantucket Aids Network, Inc., a non -profit entity, seeks Variance relief under Nantucket Zoning By -Law (the "By- Law") Section 139 -32 (Variances) from the Intensity Regulations in Section 139- 8.D(2)(e) (minimum lot size for secondary residential lots for year round residents) to validate the newly created subdivided lots on Locus. Applicant has applied to the Planning Board for Special Permit Relief pursuant to Section 139 - 8.D. (secondary residential lots for year round residents) in order to subdivide the Locus into two (2) buildable lots. Pursuant to Section 139 -8.D., the Planning Board may allow the subdivision of property to create two sub - minimum lots if one of said lots is subject to the Nantucket Housing Needs Covenant. The plan, attached hereto, prepared by Nantucket Surveyors LLC, dated 8/6/13 shows the proposed Subdivision Plan. Locus is conforming as to all intensity regulations of the Residential — 20 (R -20) Zoning District except for lot size, having 15,000 square feet of lot area in a zoning district that requires a minimum lot size of 20,000 square feet. Pursuant to Section 139 -8.1) of the By -Law, the Planning Board can grant the subdivision of lots in the R -20 district if the minimum secondary lot size is 8,000 square feet and the minimum primary lot size is 12,000 square feet. However, because Locus is undersized for the R -20 zoning district, the proposed primary and secondary lots cannot meet those minimum requirements. As proposed, the sub - minimum lots are 10,000 square feet and 5,000 square feet, respectively. Although the Planning Board can approve this subdivision, the lots will not be deemed buildable because they do not meet the minimum lot size requirements in Section 139- 8.1)(2)(e). Accordingly, applicant is requesting the Board of Appeals to grant Variance Relief pursuant to Section 139 -32 from the Intensity Regulations in Section 139- 8.1)(2)(e) to validate the subminimum primary and secondary lots as buildable. VI �afO 31D w 0 DHCB N/F FND JENNIFER SHEPHERD fib -55 DHCB FND TO G.0 =R.2% EXI$i1NG WEL. oz, , ,Tx P�e 1 1 %F/ �/ W`D OF ' %C-7 5 TO O� �6 'g PROPANE O TANKS O \ LOT 138 AREA =I 0,0009.]F G.0 -Y2% / N/F \ DIANE M. FLAHERTY 66 -61 SPECIAL PERMIT NOTES 1. 139- 8.D.(2)(e) LOT AREA WAIVER REQUIRED. 2. 139- 8.D.(2)(f) SETBACK WAIVER REQUIRED DHCB FOR SHED. FND CURRENT ZONING: R -20 MINIMUM LOT SIZE: 20,000 S.F. MINIMUM FRONTAGE: 75 FT. FRONTYARD SETBACK: 30 FT. SIDE AND REAR SETBACK: 10 FT. ALLOWABLE G.C.R.: 12.5 % FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THE PREMISES SHOWN ON THIS PLAN ARE LOCATED WITHIN THE X ZONE AS DELINEATED ON THE "FIRM" MAP OF COMMUNITY NO. 250230; MASS. EFFECTIVE: 11 -6 -96 BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. N.B. 315 -56,92 & 348/105 & 354/101 N/F RONNIE L SHEPHERD 67 -85 TRASH BIN 9� \�C y\ op \�I !��''D \DHCB g FND/ e \ - G SITE PLAN TO'ACCOMPANY A SPECIAL PERMIT APPLICATION x/65 MIACOMET AVE IN NANTUCKET, MASSACHUSETTS SCALE: 1"=30' DATE: 8/6/13 DEED REFERENCE: Dd. Bk. 411, Pg. 80 PLAN REFERENCE: PI.Bk. 18, Pg. 9 ASSESSOR'S REFERENCE: MAP: 67 PARCEL, 84 PREPARED FOR: ACCESS NANTUCKET, INC. NANTUCKET SURVEYORS LLC 5 WINDY WAY NANTUCKET, MA. 02554 M -01 R� gl 9 61 �d ?41�t TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION }� L Fee: $300.00 File No. 7 Owner's oame(s): Robert T DeubeW and Loa A Deub rry Mailing address: c/o Reade Gullicksen Hanley and Gifford LLP Phone Number: 508- 228 -3128 E -Mail: SLG( xeadelaw.com Applicants narne(s): Same Mailing Address: _(6 Youngs Way�Post Offic Box 2669 Nantucket MA. 02584 Phone Number: 508- 228 -3128 E -Mail: SLC(a).readelaw com Locus Address: 4 Charter Street Assessor's Map /Parcel: 42.3.2 — 167 Deed: Book 795 Page 293 Plan.: 02 -39 Zoning District: ROH Uses on Lot - Commercial: None Residential: Number of dwellings 2 Duplex 0 Apartments 0 Date of Structme(s): all pre -date 7/72 or 19 3 o a., cl 7, S OS Building Permit Numbers: 51-03 X152-'f-015 � 6 L'3-05 Previous Zoning Board Application Numbers: 24-05 06 -08 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile 1 TOWN OF NANTUCKET RECEIVED BOARD OF APPEALS 2013 CFT 17 FM 2 59 NANTUCKET, MASSACHUSETTS ft334 11T TOWN CLERK Date: September 12, 2013 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 048 -13 Owner /Applicant: Access Nantucket, Inc. (f /k /a Nantucket Aids Network) 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 (2p). days. r' Edward S. Toole, Chairman cc: Town Clerk Planning Board Building Commissioner /Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY -LAW SECTION 139 -30 (SPECIAL PERMITS); SECTION 139 -32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508 -228 -7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 67, Parcel 84 Deeds Book 411, Pages 80 65 Miacomet Avenue Residential - 20 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, September 12, 2013, at 12:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of ACCESS NANTUCKET, INC. as Applicant and Owner, c/o Vaughan, Dale Hunter & Beaudette, P.C., 2 Whaler's Lane, PO Box 659, Nantucket, Massachusetts 02554, File No. 048 -13: 2. Applicants are requesting Variance relief pursuant to Section 139 -32 (Variances) from the intensity regulations in Section 139- 8.C.(2)(e) (minimum lot size for secondary residential lots for year -round residents) in order to validate the newly subdivided lots on the Locus. The two sub - minimum lots are 10,000 square feet and 5,000 square feet, respectively. Section 139- 8.C.(2)(e) requires that the lot sizes for secondary residential lots for year -round residents be 12,000 square feet and 8,000 square feet in the Residential -20 zoning district. The Locus is situated at 65 Miacomet Avenue, is shown on Nantucket Tax Assessor's Map 67 as Parcel 84, is shown in Plan Book 18, Page 9, and evidence of Owner's title is recorded at the Nantucket County Registry of Deeds in Book 411, Page 80. The site is zoned Residential - 20. 3. Our decision is based upon the application and accompanying materials, representations, and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. 4. Attorney Lori D'Elia represented the Applicant at the hearing. Attorney D'Elia explained to the Board that the Applicant seeks a Variance relief under Nantucket Zoning Bylaw (the "Bylaw ") Section 139 -32 (Variances) from the intensity 1 regulations in section 139- B.C.(2)(e) (minimum lot size for secondary residential lots for year -round residents) to validate the subdivided lots on the Locus. The Applicant, Access Nantucket, Inc. has applied to the Planning Board for Special Permit relief pursuant to Section 139 -8.C. (secondary residential lots for year -round residents) in order to subdivide the property into two (2) lots. Pursuant to Section 139 -8.C., the Planning Board may allow the subdivision of property to create two sub - minimum lots if one of said lots is subject to the Nantucket Housing Needs Covenant. The Applicant is a non- profit entity. The Locus is conforming as to all intensity regulations of the Residential -20 (R -20) zoning district except for lot size, having 15,000 square feet of lot area in a zoning district that requires a minimum lot size of 20,000 square feet. Pursuant to Section 139 -8.C. of the Bylaw, the Planning Board can grant the subdivision of lots in the R -20 district if the minimum secondary lot size is 12,000 square feet and the minimum primary lot size is 8,000 square feet. However, because the Locus is undersized for the R -20 zoning district, the proposed primary and secondary lot sizes are 10,000 square feet and 5,000 square feet, respectively. - Although the Planning Board can grant this subdivision, the lots will not be deemed buildable because they do not meet the minimum lot size requirements in Section 139- 8.C.(2)(e). Accordingly, the Applicant is requesting the Board of Appeals grant Variance relief pursuant to Section 139 -32 from the intensity regulations in Section 139 - 8.C.2(e) to validate the sub - minimum primary and secondary lots as buildable. 5. Therefore, after a discussion with the Applicant, the Board finds that Variance relief pursuant to Nantucket Zoning Bylaw Section 139 -32 in order to validate the sub - minimum primary and secondary lots as buildable may be granted because the unique circumstance of utilizing Section 139 -8.0 on an already undersized lot -would not affect generally the R -20 zoning district and a literal enforcement of the provisions of this Bylaw would involve substantial hardship on the Applicant - a nonprofit organization - and desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals GRANTED Variance relief to validate the F) sub - minimum primary and secondary lots as buildable upon the following conditions: a. That dimensions of the lot, parking configuration, and screening shall be substantially in compliance with the plan entitled "Site Plan to Accompany a Special Permit, #65 Miacomet Avenue in Nantucket, Massachusetts," prepared by Nantucket Surveyors, LLC, dated August 6, 2013 and revised September 9, 2013 attached hereto as "Exhibit A "; and, b. That no more than one shed per the two subdivided lots shall be permitted. SIGNATURE PAGE TO FOLLOW 9 Assessor's Map 67, Parcel 84 65 Miacomet Avenue Dated: 60 LW'Y t ,2013 Deeds Book 411, Pages 80 Residential - 20 and A oo e Koseatac COMMONWEALTH OF MASSACHUSETTS Nantucket, as. omirm 2013 On this day of .2013, before me, the unde igned Notary Public, personally appeared A / ��, , who is personally known to me and who is a person whose name is signed on the preceding or attached document, and who acknowledged to me that he /she signed it voluntarily for its stated purpose. KAMN L. 6. VAVW Notary Pudic OOMMON ME OF MASS�O AIy CiPlYltl�iiM fY( . w 20 N6tarYj Pu c: My commi sion exp' es: KAMN L. 6. VAVW Notary Pudic OOMMON ME OF MASS�O AIy CiPlYltl�iiM fY( . w 20 EXHIBIT A N/F DHCS JENNIFER SHEPHERD 66 -55 Q � PROPANE q2 TANKS L0 =�13A OF, AREA= DOS. XS.. w N/F rc 6,5• • b RONNIE L. SHEPHERD g0� STOCKNIE.N c g• 67 -85 TryTeYyjl"A ,n P� C rc o r` S F e o �•,G, zm* 0� o rp_ a P BAH + o FNB �4 D EXISTING WELL 1 1/2 STY / ti.% SHED C- •�tS.F. 9� �o� 4`' G.0 =120tS.F. SOS \�� DFND cf E RELOCATED TO Qr " + SIN � ` � r VENANT NNE O �� ` ` PT Si6AS O PROPANE 8 � �`� No. 36124 TANKS ` ; N �' , Fp Q: LOT 13B +�' - �2 OQ D� AREA= I0,000S.F.;, GEgST• SEPiI �` QQC? G.0 -7.2X �%d TANK ` Q� N/F 01'� DIANE M. FLAHERTY `� Q'�� 66 -61 Q 4 G SPECIAL PERMIT NOTES 1. 139- B.C.(2)(e) LOT AREA WAIVER REQUIRED. pa 2. 139- 8.C.(2)(f) SETBACK WAIVER REQUIRED OHCB FOR SHED. FIND SITE PLAN TO ACCOMPANY A SPECIAL PERMIT APPLICATION CURRENT ZONING: R -20 #65 MIACOMET AVE MINIMUM LOT SIZE: 20,000 S.F. IN MINIMUM FRONTAGE: 75 FT. NANTUCKET, MASSACHUSETTS FRONTYARD SETBACK: 30 FT. SCALE: 1 " =30' DATE: 8/6/13 SIDE AND REAR SETBACK: 10 FT. REVISED 9109113 PARKING LAYOUT ALLOWABLE G.C.R.: 12.5 % CONCEPT (2- 9'x20') & (2- 7'X17') REVISED 9/12/13 PARKING LAYOUT FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN CONCEPT (3- 9'x20') & (1- 7'x1 RELIES ON CURRENT DEEDS AND PLANS OF RECORD, DEED REFERENCE: Dd. �k. 411, P Pg. g. 80 VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. PLAN REFERENCE: PI.Bk. 18, Pg. 9 THIS PLAN IS NOT REPRESENTED TO BE A T17LE ASSESSOR'S REFERENCE: EXAMINATION OR A RECORDABLE SURVEY. MAP: 67 PARCEL: 84 1 HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE PREPARED FOR: THAT THE PREMISES SHOWN ON THIS PLAN ARE ACCESS NANTUCKET, INC. LOCATED WITHIN THE X ZONE AS DELINEATED ON THE `FIRM' MAP OF COMMUNITY NO. 250230: NANTUCKET SURVEYORS LLC MASS. EFFECTIVE: 11 -6 -95 BY THE FEDERAL 5 WINDY WAY EMERGENCY MANAGEMENT AGENCY. N.B. 315 -56.92 & 348/105 & 354/101 NANTUCKET, MA. 02554 N -9152