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Continued mono Withdrawn-"/=/3 Decision Due By: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
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TOWN OF NANTUCKET
BOARD OF APPEALS
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NANTUCKET, MA 02554 a,
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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