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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