HomeMy WebLinkAbout062-14 62 Walsh StreetTOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
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APPLICATION ry
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Fee: $450.00 File No..
Owner's name(s): Steven L. Cohen, Trustee_ 62 Walsh Street Trust
Mailing address: c/o Cohen & Cohen Law PC, 34 Main Street P.O. Box 786
Phone Number: 508- 228 -0337 E -Mail: Steven(@-Cohenlegal.net
Applicant's name(s): Same
Mailing Address: 34 Main Street, P.O. Box 786, Nantucket MA 02554
Phone Number: 508 - 228 -0337 E -Mail: Steven (c� Cohen legal. net
Locus Address: 62 Walsh Street Assessor's Map /Parcel: 29/85
Plan: Lot 37 on LC Plan 10887M & Lot 3A on Plan 02 -17
Deed /Certificate of Title: Book/Page 1400/92 & COT 24892
Zoning District: RR =1
Uses on Lot- Commercial: None X Yes (describe)
Residential: Number of dwellings Duplex Apartments
Date of Structure(s): all pre -date 7/72 or
Building Permit Numbers: Previous house removed
Previous Zoning Board Application Numbers:
39 -02, 077 -13
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:
Please see attached addendum.
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: Owner*
-5r ! cce eat
SIGNATURE: Applicant /Attorney /Agent*
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on: _/ / By: Complete: Need Copies:
Filed with Town Clerk:_ /_ /_ Planning Board:—/—L Building Dept.:—/—/— By:
Fee deposited with Town Treasurer:—/—/— By: Waiver requested:
Granted: / / Hearing notice posted with Town Clerk:_ /_/ Mailed:
I &M / / & / / Hearing(s) held on: / / Opened on:
Continued to: / / Withdrawn: / / Decision Due By:
Made: / / Filed w /Town Clerk: / / Mailed: / /_
2 Fairgrounds Road Nantucket Massachusetts 02554
508 -228 -7215 telephone 508- 228 -7298 facsimile
ADDENDUM:
The locus, 62 Walsh Street, is a dimensionally conforming vacant lot of 8,798 SF in the
Residential 1 (R -1) Zoning District. It consists of a parcel of unregistered land fronting on Walsh
Street and a parcel of Land Court registered land in the rear. The R -1 zoning district allows for a 30%
ground cover ratio and provides for 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 northwest portion of the lot has an inverted corner of about 41.19'x 19.69' that fronts on
Dix Street, a private way that is a nub off of Walsh Street between 62 Walsh Street and 64 Walsh
Street (see attached plan). The several abutters to the former Dix Street eliminated and absorbed the
Land Court registered portion of Dix Street in 1995 (see Document No. 68870) but did not close or
absorb the remaining unregistered nub because it was not included in the case. In 2013 the Zoning
Board of Appeals recognized that treating this remaining portion of Dix Street like a road or way was
inconsistent with the intent of the bylaw and granted the Applicant a Variance waiving the increased
setback as it pertains to the remaining nub (see File No. 077 -13, and Variance recorded at Book 1417,
Page 128 and as Document No. 143239).
In light of these facts, the Town of Nantucket has approved the Taking of the remaining portion
of Dix Street and is in the process of disposing of it through the Yard Sale Program. Because the
Applicant is the only abutter to this portion of Dix Street, he will automatically be awarded the winning
bid, but the process and related conveyance to the Applicant is likely to take a year or more.
Applicant is currently in the process of constructing improvements upon the lot. Proposed
alterations to the current construction would put the locus nominally above the allowed ground cover
ratio for the current lot, but well below the allowed ground cover for the lot after the Yard Sale
conveyance. Due to logistical and construction complications and features of this lot, delaying the
small addition to the Primary Dwelling or the construction of the Secondary Dwelling until the Yard
Sale conveyance is completed would result in significant burdens for the Applicant. Therefore,
Applicant seeks a Variance related to Ground Cover.
More specially, Applicant is now in the process of constructing a Primary and Secondary
Dwelling upon the lot. The Primary Dwelling, now under construction, is 2,102 + /- SF of Ground
Cover, resulting in a current ground cover ratio of approximately 23.9 %. The Secondary Dwelling is
proposed at 522 + /- SF of Ground Cover, which would yield a Ground Cover Ratio of 29.8 %. A small
addition to the existing Primary Dwelling of only 32 +/- SF of Ground Cover is also proposed. This
minor addition would push the ground cover ratio over 30 %, to 30.2% at the current lot size. However,
after the Town conveys half of the remaining portion of Dix Street to the Applicant, Applicant would
gain 698 +/- SF of lot area, resulting in a proposed ground cover ratio of 27.9% for the new lot, even
with all of the proposed improvements.
Due to the existing shape and topography of the locus, and in light of the facts at hand that are
specific to this lot and not applicable to the zoning district in general, 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 bylaws. Therefore, the Applicant seeks a Variance from
the Board of Appeals under Section 139 -32 related to Ground Cover Ratio under Section 139 -16.
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
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v RECEIVED
BOARD OF ASSESSORS
AUG 07 2014
TOWN OF
NANTUCKET MA
Town of Nantucket
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF;
PROPERTY OWNER. , ,WaNI skee+ Yu &-� S (�)" T�S7
MAILING ADDRESS5�6T , DuUa 11. D r ..... r? e:�4O 4, Mp, „A0.
PROPERTY LOCATION.....!! W a'lS I fit"
• Q _ �s
ASSESSOR MAP /PARCEL...... I I . . ...... . . .......n..., ........r.....................
SUBMITTED BYYMSS,a..�,.... /.l�✓�!1,. 1 llv...PC.....
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)• '
1""2, -. s>,,2,
DMA �
ASSESSOR'S OFFICE
TOWN OF NANTUCKET
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9p0flAj�° TOWN OF NANTUCKET - r
,_ ;,Jr-IV ED
BOARD OF APPEALS, 3 OG
NANTUCKET, MASSACHUSETTS 02554
CLERK
Date: December 9, 2014
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
62 -14
Current Owner /Applicant: STEVEN L. COHEN, TRUSTEE of the 62 WALSH
STREET TRUST (u /d /t dated August 22, 2013 and
registered as Document No. 142040)
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 29, Parcel 85
62 Walsh Street
Residential 1 (R -1)
DECISION:
Certificate of Title No. 24892
Book1400, Page 92
Lot 37; Land Court Plan 10887 -M
Lot 3A on Plan File 02 -17
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday,
November 13, 2014, at 12:00 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 /T dated August 22, 2013 and registered as Document
No. 142040), c/o Cohen & Cohen Law PC, 34 Main Street 2nd Floor (PO Box 786),
Nantucket, MA 02554, File No. 062 -14:
2. Applicant requested relief by Variance pursuant to Zoning Bylaw Section 139 -32
from the intensity regulations in Section 139 -16. Specifically, applicant is seeking a
waiver from the maximum allowable ground cover ratio of 30% to allow for the
construction of a 32 square foot addition to the existing primary dwelling which would
yield a ratio of 30.2 %. The Town of Nantucket has approved the Taking of the remaining
portion of Dix Street and is in the process of disposing of it through the Yard Sale
Program. The Applicant is the only abutter to this portion of Dix Street, and will
automatically be awarded the winning bid. Once conveyed from the Town to the
applicant, the merging of the Dix Street parcel with the existing premises would yield a
compliant ground cover ratio of 27.9 %. The Locus is situated at 62 Walsh Street, is
shown on Assessor's Map 29 as Parcel 85, and as Lot 37 on Land Court Plan 10887 -M
and as Lot 3 -A on Plan File 02 -17. Evidence of owner's title is recorded at Certificate of
Title No. 24892 on file at the Nantucket County District of the Land Court and Book
1400, Page 92 on file at the Nantucket County Registry of Deeds. The site is zoned
Residential 1 (R -1).
3. Locus is a dimensionally conforming single lot containing 8,798 square feet and
consisting 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 41.19 feet by 19.69 feet that fronts on Dix Street, a private way that is a nub off
of Walsh Street between 62 Walsh Street and 64 Walsh Street. Several abutters to the
PA
former full length of Dix Street previously eliminated and absorbed the Land Court
registered portion of Dix Street in 1995 (see Document No. 68870) but did not close or
absorb the remaining unregistered nub. In 2013 the Zoning Board of Appeals,
recognized that treating this remaining portion of Dix Street like a road or way was
inconsistent with the intent of the bylaw and granted the Applicant a Variance waiving
the increased setback as it pertains to the remaining nub (see File No. 077 -13, recorded at
Book 1417, Page 128 and as Document No. 143239).
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 was one letter from the public, the only other abutter to Dix Street at 64 Walsh
Street, who expressed reserved support for the relief sought, as long as the Applicant was
only relying on obtaining the portion of Dix Street on the Applicant's side and not the
entire remainder of the road, which was the case at hand.
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 due to the remainder nub of Dix Street.
Further, the Town of Nantucket has approved the Taking of the remaining portion of Dix
Street and is in the process of acquiring and disposing of it to the abutters through the
Yard Sale Program. Because the Applicant is the only abutter to a portion of Dix Street,
the Applicant will automatically be awarded the winning bid, but the process and related
conveyance to the Applicant is likely to take a year or more. This was confirmed by
staff.
6. Applicant is currently in the process of constructing improvements upon the lot.
Proposed alterations to the current construction would put the locus nominally above the
allowed ground cover ratio for the current lot, but well below the allowed ground cover
for the lot after the Yard Sale conveyance. More specifically, Applicant is now in the
process of constructing a Primary and Secondary Dwelling upon the lot. The Primary
Dwelling, now under construction, contains 2,102 square feet, resulting in a current
ground cover ratio of approximately 23.9 %. The Secondary Dwelling is proposed at 522
square feet, which would yield a Ground Cover Ratio of 29.8 %. A small 32 square foot
addition to the existing Primary Dwelling is also proposed. This minor addition would
push the ground cover ratio over 30 %, to approximately 30.2% by virtue of the current
lot size. However, after the Town conveys a portion of the remainder of Dix Street to the
Applicant, the locus will gain at least 698 square feet of lot area, resulting in a proposed
ground cover ratio of 27.9% for the new lot, including all of the proposed improvements.
Applicant asserted that due to logistical and construction complications, and the physical
features of this lot, delaying the small addition to the Primary Dwelling or the
construction of the Secondary Dwelling until the Yard Sale conveyance is completed
would result in significant burdens on the Applicant.
3
7. The Board acknowledged that the nonconformity would be nominal and
temporary. During a discussion by the Board, the Board was inclined to grant a Variance
for the relief sought to exceed 30% if the Applicant was willing to accept the imposition
of a restriction on the use of available ground cover for the locus in the future.
Applicant's agent accepted this proposition.
8. 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, legal status of the current
and former Dix Street, and the nominal and temporary nature of the nonconformity, that a
literal enforcement of the provisions of Chapter 139 would be a substantial hardship on
the Applicant, and that 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.
9. Accordingly, by a MAJORITY vote of four (4) in favor and one (1) opposed
(Angelastro), the Board of Appeals granted relief by VARIANCE pursuant to Section
139 -32 to allow the ground cover ratio of the locus to exceed 30 %, with the following
conditions:
a) The addition shall be constructed in substantial conformity with
the plan entitled "ZBA Exhibit Plan; #62 Walsh Street in
Nantucket, Massachusetts ", dated August 11, 2014 and prepared
by Nantucket Surveyors LLC, attached herewith as "Exhibit A ".
b) The structures upon the premises shall not receive a Certificate of
Occupancy until the ground cover ratio is made conforming within
the requirements of the zoning bylaw for this district, either by the
acquisition of additional land or the reduction of the ground cover
of the structures.
c) After the allowed ground cover ratio nonconformity is made
conforming, the ground cover ratio for the locus shall not exceed
28.0% without further relief from the Board.
SIGNATURE PAGE 0 OLLOW
4
Assessor's Map 29, Parcel 85
62 Walsh Street
Residential 1 (R -1)
Dated: l2 Vj ,2014
Certificate of Title No. 24892
Book1400, Page 92
Lot 37; Land Court Plan 10887 -M
Lot 3A on Plan File 02 -17
Michael Angelastro (OPPoSFA)
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On the _r day of'J_)ecambzy , 2014, before me, the undersigned notary
public, personally appeared !R, 'Tg0ke_ ' 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
P7 ses therein expressed.
94 r' rN ' � DORIS C. STRANG
ffi ial Signature and Sea of Not Public W` . t� Notary Public
My commission expires: t q `'%fJ20 Massachusetts
`'f�„ Y„�• Commission Expires Oct 9. 2020
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