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HomeMy WebLinkAboutZA 19-14 11 Trotts Hills RoadA( RECEIVED TOWN OF NANTUCKET' ` ` 19 p c �2 ZONING ADMINISTRATOR- T Tc'f t� c�EnK NANTUCKET, MASSACHUSETTS 02554 Date: September 19, 2014 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No: ZA 19 -14 Owner /Applicant: Rhoda H. Weinman, as Trustee of Asher Hill Realty Trust Enclosed is the Decision of the Zoning Administrator which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision to the Zoning Board of Appeals may be taken pursuant to Nantucket Zoning Bylaw Section 139- 29.C.(3) Any action appealing the Decision must be brought by filing a notice of appeal, specifying the grounds thereof, with the Town Clerk, pursuant to Nantucket Zoning Bylaw Section 139- 29.C.(6) Eleanor Antonietti Zoning Administrator cc: Town Clerk Building Commissioner /Zoning Enforcement Officer 1 NANTUCKET ZONING ADMINISTRATOR 2 Fairgrounds Road Nantucket, Massachusetts 02554 11 Trotts Hills Road Assessor's Map 40, Parcel 6 Limited Use General -2 (LUG -2) DECISION: Book 370, Page 3 Book 1040, Page 276 Book 1147, Page 73 Lot B; Plan No. 2008 -59 1. Upon review of the Application submitted by the Applicant, the Zoning Administrator determined pursuant to Nantucket Zoning By -Law Section 139 - 33.A(3) that the various alterations to the pre - existing nonconforming lot have neither increased an existing nonconformity nor created a new nonconformity and, as such, are not substantially more detrimental to the neighborhood. 2. Locus, a 96,125 square foot lot currently shown as "Lot B" (merged with "Lot E ") on Plan No. 2008 -59, has at no time been smaller than the minimum required lot size in the Limited Use General -2 zoning district, notwithstanding two previous reconfigurations resulting from the exchange of equally -sized parcels with the abutting property to the north. While these land swaps resulted in a change of the shape of the locus, the resulting lot area in each case remained greater than the minimum lot size of 80,000 square feet required in the LUG -2 zoning district. While locus has complied with the minimum required lot size since the adoption of the Nantucket Zoning Bylaw in July of 1972, it is pre- existing nonconforming with respect to frontage, having no frontage as defined pursuant to Section 139 -2. 3. Locus was first shown as "Lot 16b "on Sheet 1, Land Court Plan No. 15209 -A, entitled "Plan of Land in Nantucket", dated January 17, 1933, prepared by C.B. Humphrey, Engineer for the Court, a copy of which is attached herewith and marked "Exhibit A ". 4. In 1989, locus was shown as "Lot 1" on a "no new lines plan", entitled "Plan of Land in Nantucket, Ma. ", dated November 8, 1989, prepared by John J. Shugrue, recorded at Plan File 34 -E with the Nantucket County Registry of Deeds, a copy of which is attached herewith as "Exhibit B ". This plan shows "Lot 1", in the same configuration and location as "Lot 16b ", having an area of 96,022 +/- square feet or 2.2 acres. 5. In 2006, locus was shown as "Lot B" and "Lot D" on a plan entitled "Subdivision Plan of Land in Nantucket, Massachusetts ", dated March 30, 2006, prepared by Nantucket Surveyors LLC, recorded at Plan No. 2006 -41, a copy of which is attached herewith as "Exhibit C ". Said plan, endorsed by the Planning Board (File 2 No. 6939) on April 10, 2006, as an Approval Not Required ( "ANR") subdivision plan, shows "Lot B" as comprised of 89,725 +/- square feet or 2.06 acres and "Lot D" as comprised of 6,400 square feet. The merged lots resulted in a total lot area of 96,125 square feet for the reconfigured locus, the outcome of a land swap of equally sized parcels with the northern abutter. Applicant took ownership of "Lot D ", recorded in Book 1040, Page 276 with the Nantucket County Registry of Deeds, in exchange for conveyance of "Lot C ", recorded in Book 1040, Page 278. 6. In 2008, locus was shown as "Lot B ", being merged with "Lot E ", on a plan entitled "Subdivision Plan of Land in Nantucket, Massachusetts ", dated April 18, 2008, prepared by Nantucket Surveyors LLC, recorded at Plan No. 2008 -59, a copy of which is attached herewith as "Exhibit D ". This ANR plan was endorsed by the Planning Board (File No. 7128) on April 28, 2008, and shows "Lot B" as comprised of 96,125 +/- square feet or 2.21 acres, including "Lot E" which is comprised of 1,569 square feet. The merged lots are the result of a second land swap of equally sized parcels with the northern abutter. Applicant took ownership of "Lot E ", recorded in Book 1147, Page 73 in exchange for conveyance of "Lot F ", recorded in Book 1147, Page 75. 7. Therefore the Zoning Administrator finds that the locus, "Lot B" (merged with "Lot E ") as shown on "Exhibit D ", retains its status as a pre - existing nonconforming lot with respect to frontage, and further that, notwithstanding two previous land swaps with an abutting property which altered its size and shape, locus has at no time since the adoption of the Zoning Bylaw contained less than 80,000 square feet, the minimum required lot size in the LUG -2 zoning district. Accordingly, the current configuration of the locus is not substantially more detrimental to the neighborhood than it was before the land swaps referenced above. SIGNATURE PAGE TO FOLLOW 3 No. 6939) on April 10, 2006, as an Approval Not Required ( "ANR") subdivision plan, shows "Lot B" as comprised of 89,725 +/- square feet or 2.06 acres and "Lot D" as comprised of 6,400 square feet. The merged lots resulted in a total lot area of 96,125 square feet for the reconfigured locus, the outcome of a land swap of equally sized parcels with the northern abutter. Applicant took ownership of "Lot D ", recorded in Book 1040, Page 276 with the Nantucket County Registry of Deeds, in exchange for conveyance of "Lot C ", recorded in Book 1040, Page 278. 6. In 2008, locus was shown as "Lot B ", being merged with "Lot E ", on a plan entitled "Subdivision Plan of Land in Nantucket, Massachusetts ", dated April 18, 2008, prepared by Nantucket Surveyors LLC, recorded at Plan No. 2008 -59, a copy of which is attached herewith as "Exhibit D ". This ANR plan was endorsed by the Planning Board (File No. 7128) on April 28, 2008, and shows "Lot B" as comprised of 96,125 +/- square feet or 2.21 acres, including "Lot E" which is comprised of 1,569 square feet. The merged lots are the result of a second land swap of equally sized parcels with the northern abutter. Applicant took ownership of "Lot E ", recorded in Book 1147, Page 73 in exchange for conveyance of "Lot F ", recorded in Book 1147, Page 75. 7. Therefore the Zoning Administrator finds that the locus, "Lot B" as shown on "Exhibit D ", retains its status as a pre- existing nonconforming lot with respect to frontage, and further that, notwithstanding two previous land swaps with an abutting property which altered its size and shape, locus has at no time since the adoption of the Zoning Bylaw contained less than 80,000 square feet, the minimum required lot size in the LUG -2 zoning district. Accordingly, the current configuration of the locus is not substantially more detrimental to the neighborhood than it was before the land swaps referenced above. SIGNATURE PAGE TO FOLLOW 3 11 Trotts Hills Road Assessor's Map 40, Parcel 6 Limited Use General -2 (LUG -2) Book 370, Page 3 Book 1040, Page 276 Book 1147, Page 73 Lot B; Plan File No. 2008 -59 z2C/__1 C_*'� Eleanor Antonietti Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, � ,s�s On the [ 7' day of OEM W 2014, before me, the undersigned notary public, personally appeared ,&,(.,lQ,1t,pA— o9-n'i0Ai #_44-f , the above -named Zoning Administrator of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that she signed the foregoing instrument voluntarily for the purposes therein expressed. N LYNELL D. VOLLANS My Commissio * fires: Notary Pubic Commonwealth of MassachuseFts My Commission Expires December 28, 2018 iN z?caie 4uu ieev, Lo un inen JANUARY 17, 1933. V . C. B. Humphrey,* Engineer for Court 15209A SIZEET I. 6� 1 Henry C. Everett et al. Franklin E. Smith L.C.No. 14474.. 0 0 1A 01 C- Ic 1203i• 28 ?o .00 W. M01-45 mss All parcels of and tinted red 'and --- shown thus are claimed Henry Everett and others. Exhibit "B' `x K-6y ewd+° e�.�si rnrwwi,+rs p<w,�arc«.cu�cc Ic�ec a e.sSrcc s v :�ws+he C W. K onowy sM.n e e +Fme �oP �;d',eorp�w�k�s+rew F l6�lr,` eF3�.:V �r'ix r>trl .•..,<1 � �tSN�Rd'Lan05✓r�eyef p0 {�N,V Pf, / 9 Z 9 ASSESSORS ~46 PAACI-.G vuR+oR UNO i Loc.1 M.1 � JOW�i. LIMO. Idh'n Sw \t I•• Sono' N�O�O Soon' RO/�4 J rrtuGfit pY.cY ..k � t4 F 4R. Fra•ao yc. �5O• Mli Si Rphtn P.ifn I.nNv ^Fq i Fray V.— Ya' 0 9w -s�cc`Ic'u• IS' D Grave cater= 4No t A—;L 1 1 COrdeULC. Ew e++ h AiL}'NI. � o mo 6anr�no GeoS��e.1 w v.e.G—• j 17 34?i Euerei+ Ir F u� I $ O Own A LOT' I 9 .. � 4v3.14 r ~ 15--su Ae Kn AW EVt ,ML `x K-6y ewd+° e�.�si rnrwwi,+rs p<w,�arc«.cu�cc Ic�ec a e.sSrcc s v :�ws+he C W. 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Elm cm OEM 4 0. THE PREMISES SHOWN W THIS PLAN ARE \ LOCATED WITHIN THE 'B' h 'G' ZONES AS DELINEATED OII THE 'FIRM' MAR OF COMION- NO. 2S02Y. PANEL 11]D, MASS EFFECTIVE JULY 2 1992 BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. ZONING CLASSInCATON DISTRICT: LUG 2 - LIMITED USE GENERAL 2 MINIMUM LOT SIZE - 80.ODO SR. FL MINIMUM FRONTAGE � 150 R >'- MONT YARD SETBACK - 55 FL Io�U6Y i REAR 8 SIDE LINE SETBACK 15 FL MAX OR WHO WVER RATIO Ai .MMES 1 �_naaDTt �nW E REFERENCES MAR: w PARCEL 5 OWNER STEPHEN P. LANCER 0® REF.: D0.81�198. ,76 PLAN REF.: RBk :10 22 Pq.16 DEED REF.: PLAN NO Pg218 PUN RUT.: P1AH NO. 2006 -A1 bl 99• S B]b0'45• E MAR: w PARCEL 6 OWNER: ASHER NLL REALTY TRUST RHODA H. WERAIAN. TRS DEED RE>:.: DII.BL=. P9.5 PLAN REF.: PLR 56-E DEED REF.: DEBXIm. P9.276 PLAN REF.: PLAN NG. 2005 -41 THE AREA CALWUnONS FOR EACH LOT COMPLIES WITH LOT AREA REQUIREMENTS AS PROMDED W NANTUMET ZONING BYLAW CH 159 SS 2A AND 18A SUBDPASION PLAN OF LAND IN NANTUCKET, MASSACHUSETTS SCALE 1' - SO' DATE APRIL 18. 2008 PREPARED FO, STEPHEN P. LANCER NANTUCKET SURVEYORS, LLC. 5 WINDY WAY NANTUCKET. YA 0— GRAPHIC SCALE 1. 50• SD 160 Im Z I n,trol t JI1� A NAivM. 5 Exhibit "D" a / xAnl w„ eArAR ' .L 650' ((R1 211.68' (R) 5522406' 1S5 \ A � N mV 4 .p \ O NA oaiu P.— TAT E AREA - 1,5695.E LbsIWG (Or GVE o g OJ L °m_ �e 2 00 O nm�w' 'o\ LOT I (S) k (R) Q 2]5.10' S t R 1 1 NA A Dmti2l Pata� 492. 9T EtlSAMG LOT (JIB A N1Dri MAY IE IEOAtIm To c ram M1N 1N COY39W HTH CGNm m AOPD3D m6nal[nd BDVlD KIFm�ES MAT: He rrwTUOEi .WFIlnelc F Dec 7�tlram9 o1:t9w PLAN 1 1 / H p0�2r 1 1 TAT F 11 ` AREA a 1.56955E 1 1 11 I / TirM 1:14 PH II w_6 1 1 1 1 1 1 TAT B ARE - %125 - P° 2215 AC 1 11 1 0.62 1 T \ a CWFORYANCE UNDER ZONING. a e ARPRONAL UNDER THE SIIBDINSOI CONTROL 1. NOJ REOIIREM � "4 I / '11», \\ aHO FR au r USE aNLr b -5 LOT A I I AREA 161.ZJSt.9� o %AC 1 NA A Dmti2l Pata� \ ��. � 1y 1 EtlSAMG LOT (JIB A N1Dri MAY IE IEOAtIm To c ram M1N 1N COY39W HTH CGNm m AOPD3D m6nal[nd BDVlD KIFm�ES MAT: He rrwTUOEi .WFIlnelc F Dec 7�tlram9 o1:t9w PLAN 1 A E WITH LOT A H p0�2r 1 1 TAT F 11 ` AREA a 1.56955E 1 1 11 S 1 TirM 1:14 PH 1 1 w_6 1 1 1 1 1 1 TAT B ARE - %125 - P° 2215 AC 1 11 1 0.62 1 T \ a NA A Dmti2l Pata� wI0 �UOrTTB Lc,�i"mD`neAiO LOT D 1HE RAiwlc eDNm �tt0 TIE WASSAOArS[TIB aoarmin pE1lmuES MAT: wee K /,� —01 P,mT TO K9oIFrnoN uNDq 2OMCC�"BI -1A� X10 �LTµM AKPICMO }Plic m W.OB B A N1Dri MAY IE IEOAtIm To c ram M1N 1N COY39W HTH CGNm m AOPD3D m6nal[nd BDVlD KIFm�ES MAT: He rrwTUOEi .WFIlnelc F Dec 7�tlram9 o1:t9w PLAN 1 WITH LOT A NAN7UCIET NEGISW OF DEEDS LOT E IS TO BE CONVEYED TO AND COMBINED oau GZ.a3.aLnok S WETLAND LINES ARE APPM—ATE AND TirM 1:14 PH FOR PURPOSES M DETERMINING PIED SK Rf• PLANNING BOARD ENDORSEMENT DOES P.A • aooF -54 a@ a CWFORYANCE UNDER ZONING. a e ARPRONAL UNDER THE SIIBDINSOI CONTROL 1. NOJ REOIIREM � "4 SSEET J OF I '11», aHO FR au r USE aNLr I HEREBY CERTIFY THAT INS PLAN HAS BEEN PREPARED IN ACCORDANCE MTH THE RULES - AND REWLAnONS OF THE REQSiERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS.' PROFESSIONAL LAID SURVEYOR "UDATE wI0 �UOrTTB Lc,�i"mD`neAiO LOT D 1HE RAiwlc eDNm �tt0 TIE WASSAOArS[TIB aoarmin pE1lmuES MAT: wee K /,� —01 P,mT TO K9oIFrnoN uNDq 2OMCC�"BI -1A� X10 �LTµM AKPICMO }Plic T110ET fbmevAnW ON sJOt tntt93 IMF NINW A N1Dri MAY IE IEOAtIm To c ram M1N 1N COY39W HTH CGNm m AOPD3D m6nal[nd BDVlD KIFm�ES MAT: He rrwTUOEi .WFIlnelc F AorzM.lu usrED r m�rD sY-uE ro m.L. IEn.wENTs IIIaDr ara ntiA.. LOT F IS TO BE CONVEYED TO AND COMBINED WITH LOT A LOT E IS TO BE CONVEYED TO AND COMBINED 1MTH LOT B. S WETLAND LINES ARE APPM—ATE AND FOR PURPOSES M DETERMINING ZONING COMPLIANCE ONLY PLANNING BOARD ENDORSEMENT DOES NOT CON MM A OERERMINATOH OF CWFORYANCE UNDER ZONING. NANTUCKET PLANNING BOARD ARPRONAL UNDER THE SIIBDINSOI CONTROL 1. NOJ REOIIREM � S DATE SIGNED (#) ZY• 7,(J(Jg \ RLE N0.