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HomeMy WebLinkAbout062-13 26 Kendrick StreetTOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 Owner's name(s):Martha K- and Lane. M. Kelley Mailingaddiess:P.O. sox 3221 Nantucket, MA 02594 Phone Ntanber:(508) 257 -9654 E -Mail: Applicant's name(s): RECEIVED 2013 SEP 9 HVI 10 01 NANTUCKET TOWN CLERK File No. l3 Mailing Address: Phone Number: E- Mad::, Locus Address: 26 Kendrick street Assessor's Map /Paztel:71.3.2 /401 Land Court Plan /Plan Book &Page /Plan File No.:P1an 5004 -c Deed Reference /Certificate of Tide:19� 318 Zoning DistnctLUC -3 Uses on Lot- Commercial None Yes (describe) t Residential: Number of dwellings? Duplex Apartments Date of Structure(s): all pre -date 7/72 or 2000 and 2002 Building Permit Numbers: Previous Zoning Bond Application Numbers: 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile State below or attach a separate addendum of spedfic special permits or variance relief applying for: Applicant is seeking a variance from Section 139 -8c requirement for combined driveway access for secondary lots. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Owner* Applicant /Attomey /Agent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of ayenoy. OFFICE USE ONLY Application received ona o/o By_ Complete Need Copies:_ Filed with Town Clerk:JJ_ Planning Boud:JJ_ Building Dept.:—/—/— By:_ Fee deposited with Town Treasurer:_/,_ ByW Waiver requested:_ Grantedo/M/M Hearing notice posted with Town Clcrk:_/J Mailed: _ /_/ I &MM/o/, 8M/=/o Hea,ing(s) held onfl/_ /_ Opened on :_ /_ /_ Continued mono Withdrawn-"/=/­3 Decision Due By: Mad,M/M/, Filed w /Town Clerk_ /_/ 2 fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508 -228 -7298 facsimile L'mR eU NU eD General3 (L.U.G.O3) mosem¢ �flpS'gft� MINIMUM LOT SIZE: 120,000 S.F. 150.9Q01. ¢g MINIMUM WNTAGE: FROM YARD SETBACK: 235 7. .SEE.F Am .. � REAR /SIDE SETBACK: 20 FT. .SEEPLM .. GROUND COVER % 3% .SET.Pw .. EXISnNG mm S TO BE RE- VEGETATEf) ENIS NG MAX SPND 4, O eNE q� F. KIN4 JR. EXISTING Na. 45]11 1 S➢ W/F LA,u SW BUILDING 120& S.F. Ex1 w . (FOUNDATION) w� 2 Sly W/F BUILDING LOT A h/ 1,152& S.F. n6,MO± SF. % (FOUN04TroN) qy� PROPOSED DRIVEWAY PLAN I ceP7Wr. As oe :.�LS /2513 rxe d OF LAND IN 1 � Na" IN ffi NANTUCKET, MASS. SCALE: 1 '= 100' QATE: JULY 15, 2013 PROI +E9910NAL IANU SURYBYOP Own, ALA.RMA K: B.IM'Cf M. KEf(Y .. ... . L.C. 5004 L09K 76 OF PWP PIdN AA9 G PNF FOR 4N8 TOWN Da.d .QEFE L0. J, Gin OF x la,r6T a ONN+c oeanRr� oxLr ANO ?g37N nm: TS 9HOV1D N u BE a Fro REO A PRO SP n m ISTABIlsP PROPERIr v . FexC Beocee as Lam..:...../ 2ff XEtloR(cN. STFEEr. .... ANY M'CWANY 31'AOCfO1te ON TI6 PrNaMaS TRe PReRn p ,NN �oWN ReLr ON euweexr ISLAND SURVEYORS, LLC Me aT PLANS OF NECORO M PUIY ,,N IS NOT A C6RRFILATION AN TO . oW�x . as oPl a xw�N+� PaoPeara's .+rre st+O'n 90 OLDL SOUTH ROAD eOc..m. ro cDN�Nr AS450P RNCORDS. NANTUCKET, MASS, 02554 ASSESSOR NAP: . 71.3.2. . PARCEL: . . 401 . (508) 228 -2920 IC -258 TOWN OF NANTUCKET RECEIVED BOARD OF APPEALS4 JAN 16 en 1 05 NANTUCKET, MASSACHUSETT §; CLERK Date: January 16, 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 062 -13 Owner /Applicant: LANCE M. KELLY and MARTHA E. KELLY 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 (20) days. Eleanor W. Antonietti, Zoning Administrator 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 - 325 -7587. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 71.3.2 26 Kendrick Street Parcel 401 Land Court Plan 5004 -G, Lots 1 -80, Block 26 LUG -3 Certificate of Title 19378 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Thursday, September 12, 2013, in the Community Room, Nantucket Police Station, 4 Fairgrounds Road, Nantucket, Massachusetts, on the Application of LANCE M. KELLY AND MARTHA K. KELLY, of PO Box 3221, Nantucket, MA 02584, and c/o Michael J. Wilson, Esquire, 1 Hooper Farm Road, Nantucket, MA 02554, Board of Appeals File No. 062 -13, the Board made the following Decision: 1. Applicants are seeking a VARIANCE pursuant to Nantucket Zoning By -law Section 139 -32 from the provisions of Nantucket Zoning By -law Section 139 -8C (h) (Residential Development Options - shared driveway access). Applicants propose to create a secondary lot (with approximately 43,560 square feet of lot area) for year-round residents, which would be subject to an affordability covenant, by subdividing their conforming lot measuring approximately 160,000 square feet. Under the Zoning By -law, the two lots are required to share a driveway access. Applicants are seeking relief to be allowed to provide a separate driveway access for each lot. The dwellings are in all respects conforming to the dimensional requirements of the Zoning By -law. The locus is situated at 26 Kendrick Street, is shown on Nantucket Assessor's Map 71.3.2, Parcel 401, and as Lots 1 -80, Block 26 on LC Plan #5004 -G. Evidence of Owners' title is recorded at Land Court Certificate of Title #19378. The property is zoned Limited Use General -3 (LUG -3). 2. The Decision is based upon the Application and materials submitted with it and testimony and evidence presented at the hearing. The Planning Board made a favorable recommendation due to the proximity of each lot to surrounding travelled ways. Separate driveway access would reduce the amount of vegetation disturbance on the site to construct a lengthy common driveway and maintaining separate driveways would improve access to each lot without negative impact on the traffic on the travelled way. There were no letters on file and no comments made by the public at the Public Hearing. 3. Attorney Michael J. Wilson represented the Applicants. Mr. Wilson stated that the approximately 3.7 acre property has been subdivided into primary and secondary lots pursuant to the provisions contained in Zoning By -law Section 139 -8. Said Section allows property owners to create a secondary lot under certain circumstances that would be available for purchase by qualified individuals that make up to 150% of the median household income on Nantucket to help those in need to acquire affordable housing in order to continue to reside on Nantucket. The Zoning By -law was created to provide affordable housing stock in perpetuity `4o maintain Nantucket's diversity and unique sense of community". One of the conditions of obtaining such a Special Permit for the creation of the primary and secondary lots from the Nantucket Planning Board is that the two lots share a common driveway access. However, in this instance, given the original lot's long rectangular shape with over 800 feet of frontage on two travelled ways, and the over 200 feet separating the two dwellings, now separated onto two lots, provision of a common driveway utilizing the existing driveway would result in a driveway that would be almost 500 feet long. If each lot is allowed to maintain its own driveway access, the primary lot would create a new driveway with direct access to Kendrick Street and eliminate the adjoining portion from the other lot allowing the new secondary lot to access directly onto Kendrick Street as well. The entrances would be approximately 400 feet apart. The connecting portion of the existing driveway would be eliminated and re- vegetated. 4. Therefore, based upon the foregoing, the Board finds that a grant of Variance relief from the common driveway provisions in By -law Section 139 -8C (b) to allow the primary and secondary lots to maintain a separate driveway to service each lot could be made based upon the unique circumstances affecting this lot and not generally affecting the zoning district within which the lot is situated. Should relief be denied, the property owners would suffer substantial financial hardships with the necessity to provide a 500 -foot long driveway that would have to be shared between both lots through an easement, requiring the Applicants to drive past the dwelling on the secondary lot, to be owned by a separate entity, creating an intrusion for that homeowner. In addition, owing to the unique circumstances related to the elongated narrow shape of this 800 -foot long lot, the location of the two dwellings being separated by over 200 feet and sited on separate lots, and the desire to retain and restore native vegetation on that portion of the existing driveway that would be eliminated, the desirable relief could be granted by the Zoning Board of Appeals without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By- law. In addition, a grant of such relief would not be contrary to sound traffic and safety considerations. Relief for a second driveway access to a lot is granted by the Planning Board for similar physical and logistical circumstances, but because there is an affordable covenant on the secondary lot in order to convey out of common ownership in this instance, the lots are not able to be benefited by a grant of special permit relief as with other property owners, thus creating an inequity of sorts. It is noted that the two similarly large lots to the east of the subject lot have two driveway accesses on each lot for two separate dwellings that are held in common ownership. Allowing the subject lot to maintain two separate driveway accesses would be consistent with the pattern of development on the other lots with similarly situated dwellings and frontage. 5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested VARIANCE relief from the common driveway provisions of Nantucket Zoning By -law Section 139 -8C (h) to allow the primary and the secondary lots to maintain separate driveway accesses from Kendrick Street subject to the following condition: a. The location of the two driveway accesses shall be done in substantial conformity with the "Proposed Driveway Plan", done by Edward F. King, Jr., Professional Land Surveyor, of Island Surveyors, LLC, dated July 15, 2013, a reduced copy of which is attached hereto and marked as "Exhibit A ". SIGNATURE PAGE TO FOLLOW (062 -13) Dated: January _C, 2014 b' Mic ] O' arc Kerim Koseatac Michael Angelastro Nantucket, ss Boole C. McCarthy COMMONWEALTH OF MASSACHUSETTS On the 15�h day of JOLW 2014, before me, the undersigned notary public, personally appeared M i OrN GtC i ik S#-yn , one of the above -named members of the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he signed the foregoing instrument voluntarily for the purposes therein expressed. i d Notary lie: LYNELL D. VOLLANS Notary Public My Commission Ex Comi,onweatth d M ... thuseas ���"�/JJ My Commission Expires December 28, 2018 CURRENT ZONING CLASSIFICATION: Limited Use General 3 (L.U.G. -3) EK6TING: �j.LTS�f MINIMUM LOT SIZE: 120,000 S.F. ,160.OROt, S.F. 29 MINIMUM FRONTAGE: 200 FT. . 5EE.PLAN , , PoOp I'LL' FRONT YARD SETBACK: 35 FT. . $EE.P{AN .. REAR /SIDE SETBACK: 20 FT. .$EE.PLAN GROUND COVER R 39. .$EE.PIAN „ I Fb EXISTING DRR'E p �ti TO BE RE— VEGETATED RO SED IXSIS NG DRNE .�1 DRNE r, LDwAR� KING, JR. No. 45711 EXISTING i STY 4ya sw BUILDING 1203 S.F. EXISTING (FOUNDATION) Mil 2 Sly W/F til BUILDING LOT A h, 1,1523 S.F. (16,4101 S.F. I (FOUNDATION} - -- - - 1 t Cil����zp0.0p ��IS 20 3 4k, PROPOSED DRIVEWAY PLAN I CERTIFY, AS OF :...... /.. THA OF LAND IN THE B ING(S) ISi& LOCATED TBE NANTUCKET, MASS. GRO 9HOWN HEREON PROFESSIDNAL L4ND SURVEYOR SCALE 1'= 100' DATE JULY 15, 2013 Owner:.. Al4,RFITA K; 0. LANCER KELLY . THIS PLOT PLAN WAS PREPARED FOR THE TORN L.C. 5004—G OF NANTUCEET BUILDING DEPARTMENT ONLY AND Deed:. BERT, 1$378 Plan: LOTS 1 -80 in BLOCK 26 SHOULD NOT BE CONSIDERED A PROPERTY LINE SURVEY. THIS PLAN SHOMID NOT RE USED TO ESTABLISH PROPERTY LINES. FENCES, HEDGES OR Lwue:... ..Y. 28 KENDRICK, STREET, , ANY ANCILLARY STRULTIIRES ON THE PREIHSES. THE PROPERTY LINES SHOWN RELY ON CURRENT THIS PLOT PLAN IS NOT RECORD. AS TO ISLAND SURVEYORS, LLC TITLE OR OWNERSHIP OF THE PROPERTY SHORN. PTOfessimO.L Land S'IATUe'BaTS AXRRS OF TO ADJODnNG CURRENT ASSESOR RECORDS. 90 OLD SOUTH ROAD NANTUCKET, MASS. 02554 ASSESSOR MAP:. 71.32 . . , PARCEL:.. 401. (508) 228 -2720 E -2$B �apllT UCH{-F�t rA 4. 9'1°011A1_ TOWN OF NANTUCKET BOARD OF APPEALS { NANTUCKET, MA 02554 a, rn --{ m o MEMORANDUM Date: May 6, 2014 To: Town Clerk From: Eleanor Weller Antonietti, Zoning Administrator Re: Zoning Board Decision#062-13—CORRECTION The second page of the above referenced ZBA Decision regarding 26 Kendrick Street, filed with the Town Clerk on January 16, 2014, requires a modification to reflect a recent re-configuration and therefore re-numbering of the subject lots. A corrected page is filed herewith. This minor modification will neither effect the content of the decision nor the completed appeal period. Eleanor W. Antonietti, Zoning Administrator 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228- 7215 telephone 508-228- 7298 facsimile NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket,Massachusetts 02554 5004-101 Assessor's Map 71.3.2 26 Kendrick Street Lots 1017 & 1018 Parcel 401 Land Court Plan 5::•-i; LUG-3 Certificate of Title 19378 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Thursday, September 12, 2013, in the Community Room, Nantucket Police Station, 4 Fairgrounds Road, Nantucket, Massachusetts, on the Application of LANCE M. KELLY AND MARTHA K. KELLY, of PO Box 3221, Nantucket, MA 02584, and do Michael J. Wilson, Esquire, 1 Hooper Farm Road,Nantucket,MA 02554,Board of Appeals File No. 062-13,the Board made the following Decision: 1. Applicants are seeking a VARIANCE pursuant to Nantucket Zoning By-law Section 139-32 from the provisions of Nantucket Zoning By-law Section 139-8C (h) (Residential Development Options - shared driveway access). Applicants propose to create a secondary lot(with approximately 43,560 square feet of lot area) for year-round residents, which would be subject to an affordability covenant, by subdividing their conforming lot measuring approximately 160,000 square feet. Under the Zoning By-law,the two lots are required to share a driveway access.Applicants are seeking relief to be allowed to provide a separate driveway access for each lot. The dwellings are in all respects conforming to the dimensional requirements of the Zoning By-law. The locus is situated at 26 Kendrick Street, is shown on Nantucket Assessor's Map 71.3.2, Parcel 401, and as Lots 1-80, Block 26 on LC Plan #5004-G. Evidence of Owners' title is recorded at Land Court Certificate of Title #19378. The property is zoned Limited Use General-3 (LUG-3). 2. The Decision is based upon the Application and materials submitted with it and testimony and evidence presented at the hearing. The Planning Board made a favorable recommendation due to the proximity of each lot to surrounding travelled ways. Separate driveway access would reduce the amount of vegetation disturbance on the site to construct a lengthy common driveway and maintaining separate driveways would improve access to each lot without negative impact on the traffic on the travelled way. There were no letters on file and no comments made by the public at the Public Hearing. 3. Attorney Michael J. Wilson represented the Applicants. Mr. Wilson stated that the approximately 3.7 acre property has been subdivided into primary and secondary lots pursuant to the provisions contained in Zoning By-law Section 139-8. Said Section allows property owners to create a secondary lot under certain circumstances that would be available for purchase by qualified individuals that make up to 150% of the median household income on Nantucket to help those in need to acquire affordable housing in order to continue to reside on Nantucket. The Zoning By-law was created to provide affordable housing stock in perpetuity"to maintain Nantucket's diversity and unique sense of community". One of the conditions of obtaining such a Special Permit for the creation of the primary and secondary lots from the Nantucket Planning Board is that the two lots share a common driveway