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HomeMy WebLinkAbout087-13 12 & 12R Bartlett RoadA A O "ok dr I TOWN OF NANTUCKET m BOARD OF APPEALS o NANTUCKET, MA 02554 z 3 0 w APPLICATION Fee: $300.00 File No. Owner's name(s): Joseph A. Perry, as Administrator of Estate of David E. Perry, Et al. Mailing address: c/o Reade, Gullicksen, Hanley, Gifford and Cohen, LLP Phone Number: 508- 228 -3128 E -Mail: SLC0 rea lelaw.com Applicant's name(s): Jeffrey Kaschuluk, as Trustee of the 12 Bartlett Road Realty Trust, as contract purchaser Mailing Address: Post Office Box 2669, Nantucket, MA 02584 Phone Number: 508- 228 -3128 E -Mail: SLC(@readelaw.com Locus Address: 12 & 12R Bartlett Rd. Assessor's Map/Parcel: 67/116 and 67/115.1 Deed: Book: 19 Page: 249; Book:471 Page: 6; & Probate Docket No. NA08P0070EA Plan: Lots B &C on Plan File 46 -J Zoning Dis ' t: R=1 Uses on Lot - Commercial: None Residential: 2 Date of Structure(s): 1952 house and 1978 garage w /apartment. Building Permit Numbers: 899 -78, 1901 -81, 2384 -81 14910 -97, Move and Demo Permits (not vet issued). Previous Zoning Board Application Numbers: n/a 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 325 -4150 telephone 508- 228 -7298 facsimile Relief applied for: The locus, 12 and 12R Bartlett Road, has a total of 30,808SF of lot area in the Residential Commercial 2 (RC -2) Zoning District, with 150.83 feet of frontage on Bartlett Road. The RC -2 zoning district allows for lots of as little as 5,000 SF with©feet of frontage. The locus could be subdivided into three "approval not required" lots fronting Bartlett Road, or more if the owner acquired rights in the abutting Thirty Acres Way and Boyton Lane. Instead, Applicant seeks Special permit relief to create three lots with better shapes by having one of the lots reduce its frontage to 20 feet under Zoning Bylaw Section 139- 16(B)(1) for lots with commercial uses or structures, as per the attached plan. Additionally, Applicant seeks to alter the shape of the lots through Variance relief from the requirement of Section 139- 16(1-))(1) for the regularity factor, as per the attached plan. 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: By: SIGNATURE: N /f,/lDy� ( �%Sl'lbl"r,y /rir /CQ.fCfW�Yt� OFFICE USE ONLY Application received on: —/—/_ By:_ Complete:_ Need Copies:_ Filed with Town C1erkjj_ planning Board:JJ_ Building Dept:_ /_/_ By_ Fee deposited with Town Treasucer:JJ_ By._ Waiver requested_ G=ted: —/—/_ Hearing notice posted with Town Clerk—L/— Mailed:—/—/_ I&M_ /_ /_ & _/_J_ Heavng(s) held on:_/ _/_ Opened Continued to:_/_/_ Withdrawn:_/ _/_ Decision Due BT.J_/_ Made:_/_/_ Filed w /Town Clerk / _/_ Mailed,— /-J- 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 325-4150 telephone 508- 228 -7298 facsimile 9� ae e5� i g��96 Ice 3NV7 S2,VJV.UYIHL 43 !ii e a 6 0 a ad; x ��qg ti l3 Iu- 4g i o' 1 �I �I A� ry� I R aj y iRS; sqpl`�?� a IN $1 ��� � •re63Nn 53b�v,�tN //t[ ' �� 'k0 as 3$$ `._ .u°_a,.. fit z m T kin i ( $ a� It e 5 r5' tel: 941 i own ana �uunl or Nanmarcei lNUVCnIaCd Ic, <v io -'� • 1 a _ �uy�� S all fQ� a �\ i� r,ax� �� A al la� � I J I_ zrax.y F} 0 7 u t 1 t (-acattil P (6t / / q 1, a irf ' a ^T^�� y / ig _ � ,� B} i men �nam Al' MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Town meNes no dial and no eanamlas, e yreaaed or implied ro g ,earn Ne aalldlty or ecoan, of Me GIS data presented on tra map, pill la updated Dalm mmar, 2012 9N�'f- r , TOWN OF NANTUCKET BOARD OF APPEALS r NANTUCKET, MASSACHUSETTS 05§1 o Date: February 12 , 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No : 087-13 Owner/Applicant: JOSEPH A. PERRY, Administrator of the ESTATE of DAVID E . PERRY, as Owner, and JEFFREY KASCHULUK, as Trustee of the 12 Bartlett Road Realty Trust, as Applicant and Contract Purchaser 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 67, Book 159, Page 259 Parcels 116 and 115.1 Book 471,Page 6 12 and 12R Bartlett Road Lots B and C;Plan File 46-J Residential Commercial-2 Nantucket Probate No.NAO8P0070EA DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, December 12, 2013, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of JOSEPH A. PERRY, as Administrator of the ESTATE OF DAVID E. PERRY, as Owner, and JEFFREY KASCHULUK, as Trustee of the 12 BARTLETT ROAD REALTY TRUST, as Contract Purchaser, do Reade, Gullicksen, Hanley, Gifford & Cohen, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 087- 13: 2. The applicants are seeking relief by Special Permit under Nantucket Zoning By-law §139-16.B(1), to allow their land to be divided into three lots, one of which will have its frontage reduced to not less than twenty (20) feet as therein provided for lots to be used for commercial purposes. The applicants also request relief by Variance from the Regularity Formula under the provisions of By-law §139-16.D in connection with the configuration of one of the proposed lots. The locus is situated at 12 and 12R Bartlett Road, Nantucket Assessor's Parcels 67-116 and 67- 115.1, is shown as Lots B and C upon plan recorded with Nantucket Deeds in Plan File 46-J, and is situated in the Residential Commercial-2 ("RC-2")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 matters of planning concern were presented. Several neighbors appeared at the hearing and expressed concern about traffic and potential commercial uses of the locus. 4. As presented by the applicants' representatives, the locus consists of a lot which was owned by the late David E. Perry, containing two dwellings, fronting on Bartlett Road. Mr. Perry was approached by the owner of the adjacent property in 1995, who requested that Mr. Perry convey a strip of land seven feet wide along the westerly side of his property (Lot D on plan recorded with Nantucket Deeds in Plan File 46-J), in order to enable that abutter to have a corridor of land wide enough to accommodate a roadway to serve an approval-required subdivision which the abutter desired to accomplish. In exchange, the abutter conveyed a parcel of land(Lot B on Plan File 46-J)to Mr. Perry to the rear(south) of his remaining land (Lot C on Plan File 46-J). The abutter did successfully subdivide the adjacent land, which has become the Thirty Acres subdivision; Thirty Acres Lane, created by the abutter after the conveyance, adjoins the Perry land along its entire westerly and southerly boundaries. However, no rights in Thirty Acres Lane were ever granted to Mr. Perry, and accordingly the locus has no right to use Thirty Acres Lane for frontage or access. 5. The locus contains a total of about 30,809 square feet, and in this RC-2 zoning district minimum lot area is 5,000 square feet and minimum frontage is 40 feet. During David Perry's lifetime, the Planning Board endorsed an approval-not-required plan, dividing the locus into four lots with three of the lots having frontage on Thirty Acres Lane; apparently Mr. Perry, the surveyor who drafted the plan, and the Planning Board all erroneously assumed that the locus had rights in Thirty Acres Lane. 6. The applicants explained that they had contacted the Thirty Acres Homeowners Association, which now owns and controls Thirty Acres Lane, and have been unable to secure rights therein. Accordingly, their only option for subdivision is to use the frontage on Bartlett Road for access and zoning compliance; with 150.83 feet of frontage, the maximum number of lots is three. Rather than have three driveways with access to Bartlett Road, the applicants propose to have the central lot contain a driveway which would be used for shared access to all three. Under Zoning By-law §139-16.B.1, the Board of Appeals, as special permit granting authority,has the power to grant a special permit reducing frontage to as little as 20 feet for a lot for commercial use. The applicants have presented a plan by Hayes Engineering, Inc., dated November 5, 2013, a copy of which is attached hereto, which shows three lots in this configuration, with Lot 3 as shown thereon having frontage of 20 feet while Lots 1 and 2 have frontage of 65.94 feet and 64.89 feet,respectively. 7. The applicants also presented a plan by Hayes Engineering, Inc., dated November 6, 2013, which showed three lots with the same configuration as to frontage, but with Lots 1 and 2 having larger size and depth, and with a longer corridor into the buildable area of Lot 3. Lot 3 as depicted thereon would not conform to the minimum regularity of 0.55 under the Regularity Formula set forth in By-law §139-16.D, because of the length of this corridor, and accordingly the applicants have requested relief by Variance therefrom. 8. As noted above, several neighbors expressed concern about the effects of division of the locus, with access from Bartlett Road, upon traffic, the safety of school children and the bicycle path which runs along the southerly side of Bartlett Road. Board members noted that, without the granting of special permit relief,the applicants would be entitled, as a matter of right, to create three lots fronting on Bartlett Road. having three separate driveway entrances. The applicants' representative pointed out that the applicants would prefer to have access to their lots from Thirty Acres Lane,but that no such rights exist. 9. The Board members discussed the two alternative plans, and determined that they preferred the November 5, 2013 plan, which required only Special Permit relief to reduce the frontage for Lot 3. 10. Accordingly, by unanimous vote of the sitting members, the Board of Appeals found that the reduction in frontage from the required minimum of 40 feet to 20 feet for Lot 3, as shown upon the attached plan, intended for commercial use, would not be substantially more detrimental to the neighborhood, and granted relief by Special Permit to allow such reduction in frontage, subject to the following conditions: (a) There shall be a single driveway to serve all three lots,to be located in the portion of Lot 3 lying between Lots 1 and 2 in accordance with the plan entitled "Plan of Land in Nantucket, Mass." , prepared by Hayes Engineering Inc., dated November 5, 2013, a reduced copy of which is attached hereto and marked as"Exhibit A." (b) A stop sign shall be placed near the entrance of the driveway to Bartlett Road. (c) The lots shall not have mailboxes along Bartlett Road. (d) Pursuant to Zoning By-law §139-20.1.B(3), any deed conveying Lot 3 out of common ownership with Lots 1 & 2 will contain language establishing a shared driveway as an encumbrance upon Lot 3 and appurtenant to Lots 1 &2. 11. The Board of Appeals, by unanimous vote, found that the conditions for the granting of a variance from the regularity formula under By-law §139-16.D were not met, and accordingly denied the request for variance relief. SIGNATURE PAGE TO FOLLOW Assessor's Map 67, Book 159, Page 259 Parcels 116 and 115.1 Book 471, Page 6 12 and 12R Bartlett Road Lots B and C; Plan File 46-J Residential Commercial-2 Nantucket Probate No.NAO8P0070EA *- Dated: February I Z , 2014 Aelliasta....— Edwar■ •. Toole / — / �_� T Michael . O'Mara 1 A4Alitli, Lisa Botticelli fars d"Z oor COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the Ws" day of , ,120/ , 2014, before me, the undersigned notary public, personally appeared LI 54..- f,o44i ce(1 , 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. crqAw d ___WAAv Notary Public: My Commission Expicgs: LYNELL D. VOLLANS Notary Public `1 j Commonwealth of Massachusetts / My Commission Expires December 28, 2018 N �k�-( 1 1� 1-rA t -,ii. .. , 1 1 , , , z � h ill 11, . 1 01 ....,, �,,,� 8, X33 I i Q TA*+>, �, % s� t iii 1 it / WI IV i$ I ; ). 1 lbi 1,114 ., , � .-- tiiiii ,�, 1, QL P rd 'i ii) xx NS , y ii-1 szs++v vov Z / <01A A /O,� \ !Jk dy �1 \ N!n 6 °41 f Yy 0 Z. VI 55SQQQ �' �o� m yy WI / 0 P: T O`Y- ' n x-, 3 V. 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