HomeMy WebLinkAbout053-13 10 Cliff RoadAPPLICATION
Fee: $300.00 File No.-(3 -13
Owner's name(s): Jean E. Heron, as Trustee of Century House Realty Trust
Mailing address: c/o Reade, Gulticksen, Hanley & Gifford, LLP
6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584
Phone Number. 508 -228 -3128 E -Mail: ait@teadelaw.com
Applicant's name(s): Same
mailing Address: Same
Phone Number: Same N-hlail: Same
Locus Address: 10 Cliff Road Assessoi s hlap /Parcel' 42.4.4 -61
Plan Book 22, Page 104
Deed, Book 214, Page 44: Zoning District Residential -Old Histori
Uses on Lot- Commercial: Yes (describe) Lodging house
Residential: Number of dwellings Two Duplex Apartments
Date of Smtcmm(s): all predate 7/72 Yes or
Building Penuit Numbers: 2737-83;5107-86;11555-94;12588-95;712-09
Prndous Zoning Board Application Numbers: 123 -86
2 Fai,grouade Road Nantucket Ma ssa chueetts 02554
508- 228 -7215 telephone 508 -229 -7298 facsimile
State below or attach a separate addendum of specific special perutits or variance relief applying fox:
On August 12, 2013, in File No. 7583, the Nantucket Planning Board
voted to endorse an approval- not - required plan under M.G.L., c.41,
581P, dividing locus into two parcels, on each of which is standing
a building which pre - exists the acceptance of the Subdivision
Control Law by Nantucket in 1955, on the basis of the exception
contained in c. 41, §81L, and each of which parcels accordingly has
the status of a pre- existing, nonconforming lot, with the pre -1955
structure on each having the status of a pre- existing nonconforming
structure. Lot 1 on said plan contains a lodging house, with guest
rooms and staff housing, and Lot 2 contains a single - family
dwelling. In a decision of the Board of Appeals in Case No. 123-
86, which approved alterations to the single - family dwelling,
Paragraph 6 provided so long as the nonconforming guest house use
continued upon the premises, the single- family dwelling is "limited
to the use of the lot owners, and managers and employees of the
guest house". The applicant now contemplates the sale of one or
both of the lots created by the plan in File No. 7583, and
accordingly requests a Modification of the Special Permit granted
in File No. 123 -86, to remove Paragraph 6 from the Decision
therein.
I cettify that the information contained herein is substantially complete and true to the
best of my knowledge, undet the pains and penalties of perjury.
SIGNATURE: jean E. Heron, as Tmstcc ofCentutyHouse Realty Trust Ownet*
By: ASIGNATURE:[ Appkesnt /Attomcy /Agent
Ar hur I. Reade, Jr.
OFFICE USE ONLY
Application received on:_ /�_ By:_ Complete:_ Need Copies:_
Filed with'1'own Clerk:JJ_ Planning Board-.-J-J- Budding Dept:JJ_ By:_
Fee deposited with Town Treasurer:JJ_ By:_ Waiver requested:_
Granted:_/ _j_ Hearing notice posted with''own Ckrk:JJ_ h4.d d:_/ _J_
S _ /_ /_ Hearing(s) hell on:—/-J— Opened on : -J_/_
Continued m_J_ /_ Withdraw[-_ /_/_ Decision Due By: _J_J_
Nladc: _j_ /_ Filed w /Toum Clerk:-/—/_ 1%4aded:J_ /_
2 Faitgtosn ds Road Nantucket Massachusetts 02554
508- 228 -72t5 telephone 508- 228 -7298 facsimile
{z4 4—
lu
AN
4ZA. Ij-
It
it
PropeM1ylnformatlon
ProponylD 424461
LomlWn JOCLIFFRD
0.n., CENTURY HOWE RE ESTATE
1144 10
,
14, AM
..... .....
4
uAa 17
/R�Irmll-1
CL
-
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT mevalnrryar
ma Torn makes no c1aMS and no wamntlas,
�mWdtheGISdawpmsenwmffiwmp.
Pucejsuaa WDecember2M
b
fie° °9 ppE9 � gg 4� ®g
���€ a ►! � � �
R�$�Y
4i
gig
till
� u
N
Y�dYg� �Q,yjei u� � ru+m nJ 81NlHr �ap(�iga� �e�
6g °xn` ocwnu P�tl�vY ��.
3 °ry G
N
b a ft
ff)01
Town of Nantucket
Zonine Board of Appeals
RECEIVED
BOARD OF ASSESSORS
LIST OF PARTIES IN INTEREST IN TETE MATTER OF THE PETITION OF:
JUN 14 2013
TOWN OF
NANTUCKET, MA
PROPERTY OWNER .... 2/A. �2(ti'✓l..W4'., a � ......, �...
l_
MAILING ADDRESS, f9h-Reede�.,Gullickaen, Henley &.Gifford, LLP
r
PROPERTY LOCATION........I.O.... C It. Y; F.. nq.? ...........................
ASSESSOR MAP/ PARCEL ............. ~IJ..t.... . �.........................
SUBMITTED BY ... BAQAV,.. AVlli<ck Rp A Hapley, Ai- Gifford, LLP
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).
c
= / Z E , ASSESSOR'S OFFICE 'f /
TOWN OF NANTUCKET
N�
NH
aawa4s a,Raasasssss�a� as s >gss
.„ �° aqr R" �" �orvp" 000S7ee ,'",aR0008r9RAe ^°�.�::�°.008oe%
€ €444484e444 §C44444844�4844C4�4a .444 €d84444444
a�gi s��sa s "o
C
j,
j§
\�
,
!)
}
|
})
265 ruti26
s :sva�u�wlwauax.or.r +uslns .-f:.
lanes r t—
pas.; OeC P_IY1ber3,191'fe
Cerdtlal (C IIN rYniuw Spealal Perot
(Canarlaw. Chapin aA.3Mba II)
TM BOard orappuhof NealYOriowo or A)00 rJCl.P�P�dI►r kena•a•e
hereby endlln Jul • krra V aaa'9••lal w
To
ea . E FJF¢au T¢ C" - p 4�r^.._et?enh!•TYUMYILib1�
Addrne 10
ma
CITY or Town vh n1 `cL OYr1�.
0(coln{ the ri{hu of the owner with rnfa ct to and or bultdlNs x
Qcc:_s<of!c_ _ �ora +l 4� y. rr _GIB. --.- -pin•, RmILLZ. (,9a.4c
Methe said gaud of App W .rusher,.tinswlthe apes.. and that Ire wend
conm copy of iu decision {nndN said wuMnee — apedd perm)
1. and than in b or and
decision• and or Jt Pans nrened to In the decision, lave beta Ned with the pamdN board and
thedtyonownclork' y Ihaot lhelpseral UN,
Thelroard.( App -I, alsoealtr to the atleetfon of the owes apP II, Or NYw
Chapter 40A, section l l Perl paray.ph) proAd. that M warlue.Pr '-W 9� _
tension, modifeetion or renewal lhnoor. thJl take Offset undl a copy of the decision bnrina the
ceni(iation or the mess or city Jerk that twMIY daye F,,. Jeptea after the decision has been
led in the of ecofthe Oily or town clerk rk and no appeal has be filed or that, If Inch appeal hat f
been fled, that It he, been dismincd or denied. Is recorded In the re{lnrY of deeds for the county
and district In which the and Is loc.led and Indaol to th. pmtor Ind. under the name of the
Own., f,.r4 or 11«mmed.nd noted on the owner', ceeiri m.f tlae. �fee font •uCn reco(.
din {or re¢iaednphall be Widbyth,.wrs,.r.ppikanL
"A
,. .l
!t
Iq: 6C� I6Ig11
j In the oGtot of the Application of JEAN B. HERON, AN Trustee
of CENTURY. HOUSE REALTY TRUST (121 -961. at a smearing of the BOARD.
1, 09 APPEALS had at 1170 P.M. on Monday. Nove.b.r 11 1986. It the
Town end County Building, Mantucket. the De." onto,. the 50110.1.
Decision and .ekes the following flMinol
1. This I. .n application for • Special Per.lt granting
relief under Nantucket zoning by -law 5119 -11.A (Alteration of
Preexisting Ncnconfor.log Structural. The Applicant seeks
p.r.beloa to ..pond end reluc.te an exbtlnp •ingla -tas11y
dwaling. oonconfor.ing as to aid. yard • inaCk. without mar e.. ing
9 ... Dd cover and reducing the ..tent of the nonconfor.lty as to
aid. yard setback. The pnebes are located at 10 CLIPP ROAD
(AVosor'. Hrca 42.4,4 -611, Plan Book 12. P.,. 104. and .r. 1
sood RRSIp2N21Ah -OLp HISTORIC.
1. The promises Coatt of a lot containing 5.113 square
fast, !.proved with a lodging houa which pre- e.isca the ronlnq
by -la and I. . no...E.r.ing u... and . one -.Gary single- feelly
Cottage. The total ground cover of the existing stucturds is
about 551, of which 450 square feet are taken up by the cottage)
501 a kba esrbua permitted by the by -Ia.. The cottage I.
laser" partly within the required five -foot side yard ethook,
being a 01000 as 0.1 foot at one point.
J. TM Applicant pro,o.o to wve the cottage, largely
TT�J
0
28J na12i
e;n
TOWN OF NANTUCKET
BOARD OF APPEALS
MhMTUCKET, MASSACHUSETTS
02554
TT�J
0
i' 265 Nn128 °c
• Iivinq
within its present location, nW to enlarge lc by adding
space shove the present single Story[ Plana mown co cna BoarO
show & t9a and one -halt story buildingo approved by the Nantucket
li
Historic District Commission. Elements of the existing building 11 .
would be retelned. The wall closest to the aids bguAd&Ty tine
would be aovede so that the closest point of the bouee will be
'. about two test fro. the bout de line. `
- 9. The Applicant represents that the existing cottage is
too small to met bar fully heads, and that arm and her husband
propose to move into the recovered and enlarged cottage as their _
reside nee. No changes or .xsenslon of the existing nonconforming
quest house use or. propo .d.
^�
5. This board find. that the proposed alteration of the
-fully dwelling upon the Paoi.e. w111 not G substantially .
single
me* detrimental than the .rf.t[m occocutorming structure and
will he In harmony with the general pumpose and Intent of the
by-I... In chat the nonconformity In setback will actually be
reduced• and the slogI. -redly sew I. a ..Of.r.ing use.
- , The relief granted hereby is upon the condition that,
.o long as the nonconforming guest house use &hall continua to
axi.t upon the p ... lsea, the single -family dwelling (&a expanded
and slter.d pursuant to the special permit granted hereby) &hall '
limited to the usa of /-nara, sgars and employees Of the
be
quest house.
T. for the reasons nereln set torch, and subject to the
shove condition• the Want Of APPEALS hereby DEANTE the Applicant life
relief under the snninq by-law, 1119.33.h, permitting the Applicant
!i
it
P50� 260 nA29
to alter •nd enl•rq• her ""t"' e1ng5 "- ily dve111n9 vlthuut -
IOenmin9 th• grqund cqv[ ho• the eK""n' 150 -qu•[e r••t, by
• sF•CM FBPM12, by • QNMIWWS vMg.
0 t•d, PrM,M ler 3
AJGOIAxKfl7 Ml9-O
An tf ja; J a L4 177
NAKNCZE<i COI)NT•
DEC z q"11s&s' la .,a ip�.
him
RaUiv:a
1
Cq�
a �
9�
Y
y
TOWN OF NANTUCKET RECEIVED
BOARD OF APPEALS 1113 COT 17 PM 2 59
NANTUCKET, MASSACHUSETTS dj AAj f KET 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:
Owner /Applicant: Jean E. Heron, as Trustee of Century House
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)r days.
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 42.44, Parcel 61 Plan Book 22, Page 104
10 Cliff Road Deed, Book 214, Page 44
Residential -Old Historic
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, September 12, 2013, at 1:00 P.M., at 4
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of JEAN E. HERON, as
Trustee of CENTURY HOUSE REALTY TRUST, c/o Reade, Gullicksen,
Hanley, Gifford & Cohen, LLP, Post Office Box 2669, Nantucket,
Massachusetts 02584, File No. 053 -13:
2. LOCUS is improved with a lodging house, known as the
Century House, and a separate single - family dwelling. In a
decision in Board of Appeals Case No. 123 -86, the Board granted
relief by Special Permit to authorize the alteration and
expansion of the single - family dwelling, including a condition
as Paragraph 6, providing that so long as the nonconforming
guest house (not then, or now, a permitted use in the
Residential -Old Historic District under the Nantucket Zoning By-
law) continued upon the locus, the single - family dwelling would
be "limited to the use of the lot owners, and managers and
employees of the guest house ". Locus has now been divided into
two lots by a plan endorsed by the Nantucket Planning Board
under M.G.L., c. 41, 981P, in File No. 7583, as not requiring
subdivision approval because of the definition of "subdivision"
in c. 41, §81L, on the basis that each lot contains a structure
pre- existing the 1955 acceptance by the Town of Nantucket of the
Subdivision Control Law, M.G.L., c. 41, § §81K et seq. The
single - family dwelling stands on one of these lots, and the
Century House stands on the other. The applicant now requests
that the decision in Case No. 123 -86 be modified by deleting
Paragraph 6 therefrom. Locus is situated at 10 CLIFF ROAD;
Assessor's Parcel 42.4.4 -61, is shown upon plan recorded with
Nantucket Deeds in Plan Book 22, Page 104, and is in the
Residential -Old Historic zoning district
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. There was no Planning Board
recommendation, on the basis that no matter of planning concern
was presented. Except for the presentation by the applicant and
1
her counsel, there was no support nor opposition presented at
the public hearing, in person or by correspondence.
9. As explained by the applicant, the condition expressed
in Paragraph 6 of the 1986 decision arose from the concern by
the Board that the expanded single - family dwelling not be used
de facto as an expansion of the Century House, being used to
accommodate additional guests of the inn. The Century House is
now managed by a resident manager employed by the applicant, and
housed in quarters within the Century House building.
Meanwhile, the applicant and her husband occupy the single -
family dwelling. With the single - family dwelling and the
Century House now being on separate lots, the language of
Paragraph 6 is now obsolete; in the future, when the applicant
sells and conveys either lot, there will be no connection
between the two properties. This, together with the change in
the Zoning By -law to provide that lots separated by endorsement
under C. 81, §81P by virtue of the definition of "subdivision"
in §81L will have the status of pre- existing, nonconforming lots
of record for zoning purposes, is a material change in
circumstances justifying modification of the Special Permit
decision in Case No. 123 -86, and will have no effect upon the
neighborhood in which locus is situated.
5. Accordingly, by UNANIMOUS vote, the Board of Appeals
made the finding that the modification of the Special Permit
decision in File No. 123 -86 will have no adverse effect upon the
neighborhood, is not inconsistent with the relief that was
granted in that case, and is justified by the material change in
circumstances described above; and GRANTED the requested
modification, deleting Paragraph 6 from the decision in File No.
123.66.
Signature Page to Follow
N
Assessor's Map 42.44, Parcel 61 Plan Book 22, Page 104
10 Cliff Road Deed, Book 214, Page 44
Residential -Old Historic J
Dated: September ', 2013
� U /.
Idl d l Toole
NIQ7 I GRIN2Y160 :wi] =0iAXy1101UWl"fa9
Nantucket, ss
On this day of _CI , 2013, before me, the
under6igned Not Tjry Pub 1c, personally appeared
M /2�Ol k_14 who is personally
known to me, AnU who is t e person whose name is signed on the
preceding or attached d ument, and who acknowledged to me that
he /she signed it voluntarily for its stated purpose.
t
N tary 0 li :
My co o !!N@bkDFOpD-
Notary Public
MWO"EALM OF MASSACX
W(;gNf� . &P."
3 1 W .= W.2014