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Home My WebLink About077-13 62 Walsh StreetFee: $300.00 2 G G ern 0 N F 4 3 0 Z n TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION File No. (317 t3 Owner's name(s): Steven L. Cohen Trustee — 62 Walsh Street Trust Mailing address: _c/o Reade Gullickse Hanley. Gifford and Cohen, LLP Phone Number: 508- 228 -3128 E -Mail: SLCna re d 1 Applicant's name(s): Same Mailing Address: Post Office Box 2669 Nantucket, MA 02584 Phone Number: 508- 228 -3128 E -Mail• SLCCdreadelaw con Locus Address: 62 Walsh Street Assessor's Map/Parcel: 29 -85 Deed: COT 24892 LC Plan: Lot 37 on Plan 10887 -M Zoning District: RR =1 Deed: Book:140 Page: 92 Plan: Lot 3A on Plan 02 -17 Uses on Lot - Commercial: None Residential: None Date of Structure(s): None Building Permit Numbers: Previous house removed Previous Zoning Board Application Numbers: 3939 =02 2 Fairgmmmds Road Nantucket Massachusetts 02554 508- 325 -4150 telephone 508 -228 -7298 facsindle Relief applied for: The locus, 62 Walsh Street, is a dimensionally conforming vacant lot of 8,798 SF in the Residential l (R -1) Zoning District. The R -1 caning district has a 10 foot front yard setback and 5 foot side and rear yard setbacks, except that a 10 foot setback is also required from any constructed or unconstructed street or way by Zoning Bylaw Section 139- 16.C.3. The locus is a single lot that consists of a parcel of unregistered land fronting on Walsh Street and a parcel of Land Court registered land in the rear. The northwest portion of the lot has an inverted corner of about 41'x 20' that fronts on Dix Street, a private way that is only about a 40' x 40' nub off of Walsh Street between 62 Walsh Street and 64 Walsh Street (see attached plan). The remainder of Dix Street was eliminated in 1995 by the abutters (see Document No. 68870 for this portion) and the remaining nub of Dix Street, appears to have not been included in the termination because it fronts on the unregistered portion of the locus and is not registered land. This remaining nub is not necessary for frontage for either abutting lot, is not constructed, and serves no actual or potential road or way purpose. However, it creates an odd shape to the lot that pushes the building envelope back on the lot and toward the houses of the western and eastern abutters. Having a the ordinary 5 foot setback apply to Dix Street would allow the Applicant to construct a dwelling more north and west, away from the neighbors' structures, and allow for the creation of a more useful back yard while still maintaining an appropriate front and side yard setback. Also, as shown on the Plan, an 8' bicycle and walking path easement was maintained in the former Dix Street, half of which is on the locus's side of the western lot line; altering the setback would not materially impact the distance of a future structure from most of the path. Due to the shape of the locus, a literal enforcement of the provisions of Chapter 139 would be a substantial hardship on the Applicant, but the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the bylaw. Therefore, the Applicant seeks relief by Variance under Section 139 -32 to waive Waiving the 10 foot setback from Section 139- 16.C.3 as it applies to Dix Street. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penal(tii off perjury. SIGNATURE: Steven r Cohen Tro,we OFFICE USE ONLY Application received on:J_/_ Bp._ Complete:_ Need Copies:_ Filed with Town CledcJJ_ Planning Board:JJ_ Building Dept:JJ_ By:_ Fee deposited with Town Treasurer.-/-/_ By:_ Waiver requested:_ Granted—/_/_ Heating notice posted with Town Clerk:JJ_ Mailed:—/—/- I&M-/-/_ & -/—/— Hearings) held on: -/ -/— Opened on : -/ -/- Conorms,d to:_/ -/_ Withdrawn:_/ -/_ Decision Due Bp.J_/— Made:—/—/— Filed w /Town Clerk -/ -/_ Mailed: —/—/— 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 325 -4150 telephone 508 -228 -7298 facsimile WACSN y+" (P"11- STREET U It A'fd.) ryn 2911, �.� •+� i� 5k0 APSE E[lEry SERMo GJ g 50.66 p�� A/C qtr b D O LOT 3A 19.76' / 5x0 39 -9A ` x/F MARY ELLEN sERINO 5 %0 JA lot J7 i TOTAL LOT AREA m. 8798 =SF g �4 5%0 y / N LOT 37 J �L /' OF / 7 6Po 5x1 A It 600 3'1'3 / J ?76. 3 +� 5%3 3 3 {• N n.'Ati,, F9,jo 17ft 4' yF CURRENT ZONING: R -1 MINIMUM LOT SIZE: 5000 SF MINIMUM FRONTAGE: 50 FT FRONTYARD SETBACK: 10 FT S10E AND REAR SETBACK: 5 FT ALLOWABLE C.C.R.: 30% EXISTING C.C.R.: VACANT FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PUNS BE RECORD. VERIFIED BY FIELD MEASUREMENTS AS SHONM HEREON THIS PLAN IS NOT REPRESENTED TO BE A TIRE EXAMINATION OR A RECORDABLE SURYEY. I HEREBY CERTIFY TO THE BEST BE MY (NMEDGE NAT THE PREMISES SNOMN ON THIS PLAN ARE LOCATED KNIN THE A -7 (ELEY S) ZONE AS DELINEATED ON INE 'HRM- MAP CF COMMUNITY NO. 350230: MASS EFFECTIVE: 6 -3 -88, REMSEO 7 -3 -92 BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. NR 11/56 sx0 O a'F"Aet1•�1 my PLOT PLAN TO ACCOMPANY APPUCAMON TO ZONING BOARD OF APPEALS IN NANTUCKET, MASSACHUSETTS SCALE: 1 " -20' DATE:OCT. 17, 2013 DEED REFERENCES:LC CERT./ 24892 antl DEED BK 1400, PC 92 PLAN REFERENCES: LC PL 10887 —M antl PLAN NO. 02 -17 ASSESSOR'S REFERENCE: MAP: 29 PARCEL: 85 PREPARED FOR: STEVEN L. COHEN. TRUSTEE OF 62 WALSH STREET TRUS1 EMACK SURVEYING, LLC 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325 -0940 ,I -1212 068'570 REGISTEIf THIS COMMONWEALTH OF MASSACHUSETTS COPY LAND COURT DEPARTMENT OF THE TRIAL COURT CASE NO. 10887 - 5199309 (B) (SEAL) Upon the petition of Samuel G.H. Turner, II, and Frances H. C. Turner, representing that: 1. Certificate of Title No. 8994 issued from the Registry District of Nantucket County stands in the names of Samuel G. H. Turner II and Frances H. C. Turner. 2. Said petitioners have caused to be filed with the Engineering Department of the Land Court, Boston, Land Court Plan No. 10887 -K. 3. Said Land Court Plan No. 10887 -K delineates the subdivision of Lot 7 as shown on prior Land Court Plan No. 10887 -D into one lot to be shown as Lot No. 35., 4. Said Land Court Plan No.;,!10887 -K also delineates, -the elimination of way now known as Dix "Street within locus. 5. All interested parties have assented to said petition,, Petitioners pray that Land Court .Plan No. 10887 -K be approved. Petitioners further pray that Certificate of Title No. 8994 be cancelled and a new certificate issue for Lot 35. _ After due proceedings, it is, ORDERED: that Land Court Plan No. 10887 -K delineating the above referenced subdivision and the elimination of the way within locus be and is hereby approved. FURTHER ORDERED: that Certificate of Title No. 8994 be cancelled and a new certificate for said lot 35 be issued to: Samuel G.H. Turner and Frances H. C. Turner, both of Rochester, County of Monroe, New York, husband and wife, as tenants by the entirety. By the Court. (Cauchon, J.C.) Attest: Dated: September 20, 1993 MJC /ml Charles W. Trombly, Jr. Recorder ATTIEG��..TJJ a 4V �- 10B87K SUBDIVISION PLAN OF LAND IN NANTUCKET John J. Shugrue, Inc.. Surveyors April 13,1993 34 * i Hm Ni .1 ----7---NzroeWE- .. ,. )5.53 _cam- STREET � nI x � LocdS 36 „a fv. a.n T Piss Ne. /assn a� N,..... 35 m o•_ x� 3 I Locus 113.49 S ?l Sv'5l X 9 P /on No. /OC9]E CsrL Ne. rOY1a Subdivision of Lot 7 ante Shown on Plan 10887 -0 Filed with Cert. of Title No. 8992 Registry District of Nantucket County Abutters era shown as a,a,,,te ,ruficates of title Avy m Sssnee far Saw on original decree plan, s me Amens aw� L¢-Aff______ _ __ -(1 km ar a+r ar a, -'exre dy me Lbmt. - 011y11, TRArn LANG FE,iy 6. 1 Be �FICE July 9. ie83 _ �_J_nd4n ESay_!_ 2o_ f.9A9- -- aM' lavL A, Mw. Bd lrmv /a^ 6uY E A SUBDIVISION PLAN OF LAND IN NANTUCKET Jahn J. Shugrue,Inc., Surveyors April 13, igS3 9 *01"41 Ola Coln 4 ti ti 34 33 BFq�.y Subdivision of Lots 31 and 32` Shown on Plan SCBS,_I Filed with Cart. of Title Np.tJ�yya . Fegistry District of Nantucket County Separate certificates of title my be issued for land shom demon es 5.te s3 se 3i By the Court. (� � LI_w_1_2 K _SeJ/t_ 2a, 1999 - � 91118 10887J �pCUS Oy � I � p /en xu. /9Be�x ! Locus to i a= ry W 36 Ie �z 5A,vel'T Abutters are shown as on original decree Plod 6py 11 q, o 111. LANG RESISTRATION OFFICE July a. 1983 — .& of Mta pin 30 Mt to n 1m LOWS /... Poimv /T L'a'st 3 v From: john g serino rmailto'i ser no@amail.coml Sent: Monday, November 04, 2013 1:58 PM To: Leslie Snell Cc: sicralreadelaw corn Subject: 62 Walsh Streeet/Variance requested/ file no. 077 -13 Ms. Woodson Snell My property abuts the applicants lot and will be affected by the variance requested. I received notice of the November 14th hearing on October 29 and on October 30 obtained copies of the application materials. I examined those materials carefully but could not determine the scope of the variance sought or its impact on my property. I spoke with Steven Cohen on October 31, he was helpful in pointing out the proposed position and shape of the new dwelling. The application materials contained two plans, neither of which show the location or scope of the new building or its impact on my property. Since I am unable to determine the impact the requested variance will have on my property I must oppose it, at least until I am provided with definitive plans which show and limit the proposed building. Would you kindly note my opposition to the Board as appropriate. I also request that any order issued by the ZBA contain a prohibition on construction during the months of July and August. Thankyou Mary Ellen Serino John G. Serino i.serino(fgmail.com 617 510 0964 6 Bayberry Lane Belmont, MA 02478 C 6� TOWN OF NANTUCKET, C E I V E D BOARD OF APPJ�A, t 7 PM 1 50 NANTUCKET, MASSACHUSETTS. 9�$? d LERK Date: November 26, 2013 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 077 -13 Owner /Applicant: Steven L. Cohen, Trustee of the 62 Walsh Street Trust 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. RECEIVED z013 NOU 26 Fn 3 28 NANTUCKET ZONING BOARD OF APPEALS NANTUCKET TORN CLERK 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 29, Parcel 85 Certificate of Title No. 24892 and 62 Walsh Street Book1400, Page 92 Residential -1 DECISION: Lot 37 on Plan 10887 -M and Lot 3A on Plan No. 02 -17 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, November 14, 2013, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of Steven L. Cohen, Trustee of the 62 Walsh Street Trust (U/D/1' dated August 22, 2013 and registered as Document No. 142040), c/o Reade, Gullicksen, Hanley, Gifford, and Cohen, LLP, 6 Youngs Way, Post Office Box 2669, Nantucket, MA 02554, File No. 077 -13: 2. Applicant requested relief by Variance under Section 139 -32 to waive the 10 foot front yard setback required in Section 139- 16.C.3 as it applies to the southern line of Dix Street (but not the eastern side of Dix Street). 3. The locus, 62 Walsh Street, is a dimensionally conforming vacant lot of 8,798 SF in the Residential I (R -1) Zoning District. The R -1 zoning district has a 10 foot front yard setback and 5 foot side and rear yard setbacks, except that a 10 foot setback is also required from any constructed or unconstructed street or way by Zoning Bylaw Section 139- 16.C.3. The locus is a single lot that consists of a parcel of unregistered land fronting on Walsh Street and a parcel of Land Court registered land in the rear. The northwest portion of the lot bas an inverted comer of about 4 F 20' that fronts on Dix Street, a private way that is only about a 41' x 40' nub off of Walsh Street between 62 Walsh Street and 64 Walsh Street (see attached plan). The remainder of Dix Street was eliminated in 1995 by the abutters (see Document No. 68870 for this portion) and the remaining nub of Dix Street, appears to have not been included in the termination because it fronts on the unregistered portion of the locus and is not registered land. 4. 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. There were two letters of concern from the public. 5. Attorney Steven Cohen represented the Applicant at the hearing. Attorney Cohen explained to the Board the history of most of the road being eliminated, the relief being sought, and the applicability of Variance relief to this situation. Attorney Cohen suggested that the lot is an unusual shape next to an unconstructed nub of an otherwise legally closed former road that is not necessary for frontage for either abutting lot and serves no actual or potential road or way purpose. Attorney Cohen noted that the southern end of Dix Street is 41 feet south of the parallel front yard setback established by Walsh Street. However, application of a 10 foot setback to the odd lot shape and road nub pushes the building envelope back on the lot and toward the houses of the western and eastern abutters. Having the ordinary 5 foot setback apply to the south side of Dix Street would allow the Applicant to construct a dwelling more north and west, away from the neighbors' structures, and allow for the creation of a more useful back yard while still maintaining an appropriate front and side yard setback. Attorney Cohen also noted the distance of a future structure from the 8' bicycle and walking path easement that was maintained in the former Dix Street would not be materially impacted by the relief sought, since the western setback was being maintained. 5. Therefore, after a discussion with the agent for the Applicant, the Board finds that in consideration of the Variance relief sought by the Applicant pursuant to Nantucket Zoning Bylaw Section 139 -32, due to the shape of the locus and legal status of the current and former Dix Street, that a literal enforcement of the provisions of Chapter 139 -16 would be a substantial hardship on the Applicant, but the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the bylaw. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals grants relief by VARIANCE under Section 139 -32 to reduce the 10 foot setback to five feet as it applies to the southern line of Dix Street, but not the eastern line, as shown on the plan attached hereto as Exhibit A, with the condition that there shall be no exterior construction for the construction of any structure within said setback, including the exterior use of power tools for interior work or for hardscaping, between Memorial Day and Labor Day of any year. SIGNATURE PAGE TO FOLLOW Assessor's Map 29, Parcel 85 Certificate of Title No. 24892 and 62 Walsh Street Book1400, Page 92 Residential -1 Dated: lJOVrM W If 2013 Lot 37 on Plan 10887 -M and Lot 3A on Plan No. 02 -17 Susan Mc y ffrey Thayer COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. P10trtttt(4t 2013 On this day o1pR!eY''2013 before me, the undersigned Notary Public, personally appeared Fd wot r d -fo o l L , who is personally known to me, and who is the 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. o%,u.0 el Notary Publi c: LMIEIL D VfMLANS My commission exp Notary public comavdrt Flth of hl4kssachusins my Decembers Expires 28, 2618 wArsx � :m �P+iDete STREET E., b � ft TFltle� 5X0 MMRY ty,6q SERINO GJ�S. ohm �°�I 50.66 5k0 �N Q LOT 3A io / 19.76' 2g —g4 5 %0 N/F MARY EUF1 SERINO / ApppOft \/ \ lot \ m �a 5 R �.�4� lot ot TOTAL LOT AREA ro 8798 ±SF \ 5xo 2 }m m LOT 37 N i g ry4 / 10, 5 %1 F }^O &Y / 5n 5x3 / S +Q N PLOT PLAN TO ACCOMPANY ZONING CURRENT ZONING: R -1 BOARD OF APPEALS DECISION MINIMUM LOT SIZE: 5000 SF IN NANTUCKET, MASSACHUSETTS MINIMUM FRONTAGE: 50 FT FRONTYARD SETBACK: 10 FT SCALE: 1 ° =20' DATE: NOV. 19, 2013 SIDE AND REAR SETBACK: 5 FT DEED REFERENCES:LC CERT.# 24892 ALLOWABLE G.C.R.: 30% and DEED BK 1400, PG 92 EXISTING G.C.R.: VACANT PLAN REFERENCES: LC PL 10887 —M FOR PROPERTY UNE DETERMINATION THIS PLOT PLAN and PLAN NO. 02 -17 RELIES ON CURRENT DEEDS AND PUNS OF RECORD, VERIFIED BY REM MEASUREMENTS AS SHONN HEREON. ASSESSOR'S REFERENCE: THIS PUN IS NOT REPRESENTED TO BE A PRE MAP: 29 PARCEL 85 EXAMINALON OR A RECORDABLE SURVEY. PREPARED FOR: STEVEN L. COHEN, I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE TRUSTEE OF 62 WALSH STREET TRU THAT THE PREMISES SHOWN ON THIS PLAN ARE LOCATED WSIHIN THE A -7 (ELEV 8) ZONE AS OEUNEATED SMACK SURVEYING, LLC ON THE 'nRM' MAP OF COMMUNITY N0, 250230: 2 WASHAMAN AVENUE MASS EFFECTVE: 6 -}86. REMSED 7 -2 -92 BY NANTUCKET, MA. 02554 THE FEDERAL EMERGENCY MANAGEMENT AGENCY. (508) 325 -0940 N.B. 11/56 J -1212