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Home My WebLink About034-14 29 and 31 North Liberty Streety�o9 ORATE e^ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $450.00 File No. 34 -14 Owner's name(s): Michael J. Maitino Mailing address: c/o Reade, Gullicksen, Hanley, Gifford & Cohen, LLP 6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584 Phone Number: 508 -228 -3128 E -Mail: air @readelaw.com Applicant's name(s): Same Mailing Address: Same Phone Number: Same E -Mail: Locus Address: 29 and 31 North Liberty Street Plan Book & Page /Plan File No. None Same Assessor's Map /Parcel: 41 -158 and 486 Deed Reference: 146 -170; 454 -309 Zoning District Residential -Old Historic Uses on Lot- Commercial: Yes (describe) Retail (antiques; 31 North Liberty Street) Residential: Number of dwellings One (29 North Liberty Street) Duplex Apartments Date of Structure(s): all pre -date 7/72 Yes Building Permit Numbers: Previous Zoning Board Application Numbers: 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile State below or attach a separate addendum of specific special pemtits or variance relief applying for: The applicant requests relief by Variance because of possible merger of his adjacent lots at 29 and 31 North Liberty Street ( "29" and "31 ", respectively), which are in common ownership. The applicant's parents, Valentino H. Maitino and Eamnalinda A. Maitino, purchased 29 by deed recorded on September 21, 1953; they purchased 31 on August 4, 1959. Upon the death of Valentino H. Maitino, title to both parcels vested in the sole ownership of Emmalinda A. Maitino; that was the status of ownership when zoning came into effect in Nantucket in 1972. Emmalincia A. Maitino conveyed 29 to herself and the applicant, as tenants in common, on June 12, 1974, and on the same day she conveyed 31 to the applicant. On September 13, 1994, she conveyed her one -half interest in 29 to the applicant. 31 is improved with a barn structure, used by the applicant in connection with his antique business. 29 is improved with a dwelling and garage. These structures pre -exist adoption of the Nantucket Zoning By -law. The 31 lot is nonconforming as to frontage, having 37.19± feet of frontage with 50 feet being the minimum required, and as to lot area, having 2,883± square feet with 5,000 square feet being the minimum required. The 29 lot is conforming as to lot area, with 7,029± square feet, and frontage, with 91.22± feet. The structure upon 31 is nonconforming as to side yard setback, with 3.5± feet on the southerly side (5 feet being the minimum required), and ground cover ratio, being 54.1 ±8 (508 being the maximum allowed). The dwelling upon 29 is nonconforming as to side yard setback, with 4.6± feet on its northerly side. Other setback nonconformities are from exterior lot lines and would not be affected by the separation of the applicant's lots. Accordingly, the applicant requests relief by Variance for 31 from the lot area, side yard setback, and ground cover ratio requirements, and for 29 from the side yard setback requirement, under Nantucket Zoning By -law §139 -16 (Intensity Regulations), in order to validate 29 and 31 as two separate lots. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of petjury. SIGNATURE: Michael J. Manion, Owner* By. SIGNATURE: L� J -4. 4ppkeaet /Attorney /Agent Arthur I. Reade, Jr. OFFICE USE ONLY Application received on:_/_ /_ By: Complete:_ Need Copies:_ Filed with Town Clerk_ / _/_ Plan Board:JJ_ Building Dept: _/_/_ By Fee deposited with Town Treasurer: _/ _/_ By:_ Waiver requested_ Granted_ /_/_ Hearing notice posted with Town Clerk _/ _/ — I&M_/_ /_ &—/_/_ Heamig(s) held on: _/_/_ Opened Continued to:_/_/_ Withdrawn:_/_ /_ Decision Due By:—/—/— Made:—/—/_ Filed w /Town Clerk:—/—/— Maded:_/_J_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508 -228 -7298 facsimile a i a�1 sM It r +lws/ � n a aa+zl +z11 n is zasa Ma aa.w x z+ y 6x]fiafi �I ,` MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Town makes no daims and no warranlJea, expressed or implied, woamin9 Pa validity or aMao, Mine GaI$ data presented on this map. parcels updated p unbar, 2013 elm � u f aze irarss alu% +z4 3M h �lm \\ x 6 al v x / i r +lws/ � n a aa+zl +z11 n is zasa Ma aa.w x z+ y 6x]fiafi �I ,` MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Town makes no daims and no warranlJea, expressed or implied, woamin9 Pa validity or aMao, Mine GaI$ data presented on this map. parcels updated p unbar, 2013 Town of Nantucket Zonine Boardof Anneals R rmvs7 HOARD OF ASSESSORS FEB 21 2014 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER .... M i chael M a; +i,o ..... ... . ................... I ..... ..... I ...... ............ MAILING ADDRESS... c/o Reade, Gullicksen, Hanley, Gifford &Cohen, LLP ............. I ............... I ......... PROPERTY LOCATION.. 2.R..: �.-�„ �.....N �' L'.6 5 }. ASSESSOR MAP/PARCEL ... `.i. SUBMITTED BY..,,Reade, Gullicksen, Hanleq, Gifford & Cohen, 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). 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'A —ON N yfj� {A5202s �ps �(Ao CZp ;NZ cpiio °wgmod v0AO�OO LDNN Z R�o�x°vmi2'Ap °° y �op4�iim Nom$ °zz?tov9�� °v_ im m g \cNO p?m�cA''imm ° °gp° NOin mp A S I p A S�n ® Sf I gym w R I u � N I pFy I k e WA k hAS� m Ym 4A I VV 0 a m WA K Ai �' �91Re N M.Y N I „ »s•t ° �7 til pq - '4 23•F Zro� m m nU N m< F!' .C5! m'8 �F he � 1. 9022�l lip! 11 n LW r 8 o (n D F i Pi / �tlb \m C+1uc,�r��. 9p °AAZ�o TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: July 24, 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 034 -14 Current Owner /Applicant: MICHAEL J. MAITINO 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. s 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 Two Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 29, Parcels Deed Book 146, Page 170 486 and 158 Deed Book 454, Page 309 29 and 31 North Liberty Street Residential Old Historic DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, July 10, 2014, at 1:00 P.M., Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of MICHAEL J. MAITINO, c/o Arthur I. Reade, Jr., Attorney, Reade, Gullicksen, Hanley & Gifford, LLP, Six Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02554, File No. 034 -14: 2. The Applicant is requesting relief by Variance pursuant to Nantucket Zoning By- law (the `By -law ") §139 -32 from frontage, lot area, side yard setback, and ground cover ratio requirements pursuant to By -law §139 -16 in order to validate the properties situated at 29 North Liberty Street and 31 North Liberty Street as two separate lots. The adjacent lots are currently in common ownership. The properties are situated at 29 and 31 North Liberty Street and are shown on Nantucket Tax Assessor's Map 41 as Parcels 486 and 158, and evidence of owner's title is recorded with Nantucket Deeds in Book 146, Page 170 and Book 454, Page 309. The properties are zoned Residential Old Historic (ROH). 3. 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 letters in opposition to the application. Numerous abutters and neighbors, personally and through counsel, appeared at the hearing and voiced concerns that are addressed in this decision. 4. The Applicant, through his attorney, explained that he is requesting relief by Variance because of the merger of his adjacent lots at 29 and 31 North Liberty Street ( "29" and "31 ", respectively), which are held in common ownership. The Applicant's parents, Valentino H. Maitino and Emmalinda A. Maitino, purchased 29 by deed recorded on September 21, 1953, recorded with Nantucket Deeds in Book 114, Page 395; they purchased 31 on August 4, 1959, by deed recorded with Nantucket Deeds in Book 119, Page 2. Upon the death of Valentino H. Maitino, title to both parcels vested in the sole ownership of Emmalinda A. Maitino; that was the status of ownership when zoning came into effect in Nantucket in 1972. Emmalinda A. Maitino conveyed 29 to herself and the Applicant, as tenants in common, on June 12, 1974, by deed recorded with Nantucket Deeds Book 146, Page 169, and on the same day she conveyed 31 to the Applicant by deed recorded with Nantucket Deeds in Book 146, Page 170. On September 13, 1994, she conveyed her one -half interest in 29 to the Applicant by deed recorded with Nantucket Deeds in Book 454, Page 309, and 29 and 31 have been owned by the Applicant since that date. 5. The Applicant's counsel explained that the lot known as 31 North Liberty is improved by a barn structure used by the applicant in connection with his antique business. The lot known as 29 North Liberty is improved with a dwelling and a garage. These structures pre- exist adoption of the By -law. The 31 lot is nonconforming as to frontage, having about 37.19 feet of frontage where a minimum of 50 feet is required, and as to lot area, having an area of about 2,883 square feet where a minimum lot area of 5,000 square feet is required. The 29 lot is conforming as to lot area, having an area of about 7,029 square feet, and as to frontage, having frontage of about 91.22 feet. The structure upon 31 is nonconforming as to side yard setback, having a side yard setback of about 3.5± feet on the southerly side (5 feet being the minimum required), and ground cover ratio, having ground cover of about 54.1% (50% being the maximum allowed). The dwelling upon 29 is nonconforming as to side yard setback, having a side yard setback of about 4.6 feet on its northerly side. Other setback nonconformities are from exterior lot lines, as distinguished from the line that separated 29 from 31, and would not be affected by the separation of the lots. Accordingly, the Applicant is requesting relief by Variance for 31 North Liberty from the lot area, side yard setback, and ground cover ratio requirements, and for 29 North Liberty from the side yard setback requirement, pursuant to Nantucket Zoning By -law Section 139 -16 (Intensity Regulations), in order to permit him to divide the merged lot and establish 29 and 31 North Liberty as two separate lots. 6. A primary purpose of zoning is to eliminate nonconformities and to create conforming properties. The so- called merger doctrine is one of the ways that this may be achieved. Under the merger doctrine, adjacent, nonconforming properties held in common ownership merge to become one lot in order to cure nonconformities. In this case, 29 and 31 are held in identical ownership, and their merger cures ground cover, lot area, frontage, and setback nonconformities. As a result, one of the purposes of zoning is achieved by the merger of 29 and 31 North Liberty for zoning and building purposes. 7. Pursuant to Nantucket Zoning By -law Section 139 -32.A, the Zoning Board of Appeals has: the power to grant ... upon petition, with respect to particular land or structures, a variance ... where the Board of Appeals specifically finds that owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this chapter would involve substantial hardship, financial or otherwise, to the petitioner or 2 appellant, and the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such bylaw. 8. Applicant's counsel stated that the Applicant and his predecessors have been paying taxes on the two parcels separately and until recently believed the two parcels to be separate. He stated that there are not many lots in the zoning district that have both residential and commercial uses, and since land is unique, the grant of a variance in the instant case would not establish a precedent. He also cited the financial hardship that would result from not being able to sell 29 and 31 separately. 9. The Board found that there were no circumstances relating to the soil conditions, shape, or topography of either 29 or 31 or the structures on them and especially affecting them but not affecting generally the ROH zoning district. The lots are regular in shape and have no unusual topography. While both 29 and 31 are affected by wetlands, this is not unusual in this ROH district, particularly around the Lily Pond, and in all events the asserted basis for the requested variance was unrelated to soil conditions. There are also no unusual conditions affecting the structures. The Board further found that a literal enforcement of the provisions of this chapter would not involve substantial hardship, financial or otherwise, to the Applicant. The Applicant is able to continue to use the properties as they have been for decades. Payment of taxes is not on its own a sufficient ground for a variance, and in all events the grant of the variance would not result in any change in the way the Applicant has been paying taxes. Finally, the Board found that relief could not be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By -law. There was significant neighborhood opposition to the request for relief. In addition, the granting of relief would thwart the purpose of zoning to merge properties to reduce or eliminate nonconformities. 10. Accordingly, based upon the foregoing, the Board found that there were insufficient grounds to support a grant of Variance relief and that the Applicant did not justify its request for relief given the testimony and written submissions. 11. Accordingly, upon a motion duly made and seconded, the Board voted UNANIMOUSLY to DENY the requested relief by VARIANCE under Nantucket Zoning By- law Section 139 -32. SIGNATURE PAGE TO FOLLOW 3 Assessor's Map 29, Parcels 486 and 158 29 and 31 North Liberty Street Dated: 112- � 2014 Deed Book 146, Page 170 Deed Book 454, Page 309 Residential Old Historic ark Poor Michael O'Mara COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. v c1 On the day of .S J , 2014, before me, the undersigned notary public, personally appeared E, W OI,11C1 -G, c� l.,e._ , one of the above -named members of the Zoning Board of Appeals 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. nkt t 0 Official ignature and Seal of Notary Pub is My commission expires: .>c�l LYNELL D. VOLLANS W Notary Public Commonwealth of Massachusetts My Commission Expires December 28, 2018 s +apNiUCkFi`�`. P. �9pOgATE�\ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $450.00 2 `3 File No. sµ -14 Owner's name(s): Michael J. Maitino Mailing address: c/o Reade, Gullicltsen, Hanley, Gifford & Cohen, LLP 6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584 Phone Number. 508- 228 -3128 E -Mail air @readelaw.com Applicant's mme(s): Same Mailing Address: Same Phone Number: Same E -Mail: Same Locus Address: 29 and 31 North Liberty Street Assessor's Map /Parcel: 41 -158 and 486 Plan Book & Page /Plan File No. None Deed Reference: 146 -170; 454 -309 Zoning District Residential -Old Historic Uses on Lot- Commercial: Yes (describe) Retail (antiques; 31 North Liberty Street) Residential Number of dwellings One (29 North Liberty Street) Duplex Apartments Date of Structure(s): all pre -date 7/72 Yes Building Permit Numbers: Previous Zoning Board Application Numbers: 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: The applicant requests relief by Variance because of possible merger of his adjacent lots at 29 and 31 North Liberty Street ( "29" and "31 ", respectively), which are in common ownership. The applicant's parents, Valentino H. Maitino and Emmalinda A. Maitino, purchased 29 by deed recorded on September 21, 1953; they purchased 31 on August 4, 1959. Upon the death of Valentino H. Maitino, title to both parcels vested in the sole ownership of Emmalinda A. Maitino; that was the status of ownership when zoning came into effect in Nantucket in 1972. Emmalinda A. Maitino conveyed 29 to herself and the applicant, as tenants in common, on June 12, 1974, and on the same day she conveyed 31 to the applicant. On September 13, 1994, she conveyed her one -half interest in 29 to the applicant. 31 is improved with a barn structure, used by the applicant in connection with his antique business. 29 is improved with a dwelling and garage. These structures pre -exist adoption of the Nantucket Zoning By -law. The 31 lot is nonconforming as to frontage, having 37.19± feet of frontage with 50 feet being the minimum required, and as to lot area, having 2,883± square feet with 5,000 square feet being the minimum required. The 29 lot is conforming as to lot area, with 7,029± square feet, and frontage, with 91.22± feet. The structure upon 31 is nonconforming as to side yard setback, with 3.5± feet on the southerly side (5 feet being the minimum required), and ground cover ratio, being 54.1±% (50% being the maximum allowed). The dwelling upon 29 is nonconforming as to side yard setback, with 4.6± feet on its northerly side. Other setback nonconformities are from exterior lot lines and would not be affected by the separation of the applicant's lots. Accordingly, the applicant requests relief by Variance for 31 from the lot area, side yard setback, and ground cover ratio requirements, and for 29 from the side yard setback requirement, under Nantucket Zoning By -law §139 -16 (Intensity Regulations), in order to validate 29 and 31 as two separate lots. 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: Michael J. Maidno, Owner- By'. / SIGNATURE: ?v ✓ Appliease /Attomey /Agent Arthur I. Reade, Jr. OFFICE USE ONLY Application received on:_/_ /_ Bp._ Complete:_ Need Copies:_ Filed with Town Clerk.—/—/— planning Board,—/—/— Building Dept.-/-/- By:_ Fee deposited with Town Treasurer.-LL By:_ Waiver requested:_ Granted:_ /_/_ Hearing notice posted with Town Clerk:J_ /_ Mailed: _/_ Hearing(s) held on:—/—/— Opened Continued to: _/_/_ Withdrawn: _/._ /_ Decision Due By-._/_/— Filed w /Town Clerk:_ /_ /_ Mailed:_ / —/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508 -228 -7215 telephone 508- 228 -7298 facsimile Town and County of Nantucket May 12, 2014 T., m as ' 411% i I Vs 4t 22- *1 r ssij� \ 11,1 e VAA l � 41 day, % {' 1 u'aq et 213 q31➢ ,� 1 1�� a 2]1] 121441 �2, bM' 1"= 107 ft Ivt11m - i 411 b-1 I property Information property ID 41486 Location 29 N LIBERTY ST Owner MAITINO MICHAEL J 7 MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT 'the 7 exp Town makes ens, s and no waman,iy o exprea,ebpr'mpleticoconcerning Nan this ma accuracy of the GlS date presented on this map. Y- -� -3 Parcels upEa,etl December, 2013 Town of Nantucket Zoning Board of Appeals RECEIVED BOARD OF ASSESSORS FEB 21 2014 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER .... �,Ohact MAILING ADDRESS .... C/o Reade, Gullicksen, Hanley, Gifford & Cohen, LLP ....... PROPERTY LOCATION..9,1 ..: . .,-'.. I,,,,,W �-Ih L• bzr+ S} . .........7 .............. ASSESSOR MAP/PARCEL.... SUBMITTED BY...,Reade, Gullicksen, Hanley, Gifford &Cohen, 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), DA � ASSESSOR'S OFFICE TOWN OF NANTUCKET ��'9wa:g°6�3�5� "r`�"c2 `5mP3HOd688�5�A3Wp a$ux. $am:e °r �cnmama°e°[':'yg�sm�: riwjen� a.m „ °e ;$aq�cc ” g 5 955; 555�25y95�525555p555y55S959559458555yy ago a.srzsxgog rm ss rr r gr` 10 ;A y � . y 'y M I.- _ � &( f/ 2(/ 9 }\ lJt } { \» ��\ }( /! ! r 1| & / „g}y� § k;� } § ■ \\} &! 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