HomeMy WebLinkAbout087-13 12 & 12R Bartlett Rd. v
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9p TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS -I 5 o
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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 .
/a(Z--- (-------)/( -
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, c/o 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
r I 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 17 , 2014
Edwar■ '. Toole
/ . 01711.1"rseatac _
Michael . O'Mara
Lisa Botticelli
/".11116 ► `"L Poor
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On the 11)' day of 1I2 W , 2014, before me, the undersigned notary public,
personally appeared 1-15 a-- 0-f f'lCC i , 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.
v_
Notary Public:
My Commission Expis: LYNELL D. VOLLANS
Notary Public
� i Commonwealth of Massachusetts
My Commission Expires
December 28, 2018
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