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HomeMy WebLinkAbout32-15 23 Sankaty Road Lot 2Date: February 11, 2015 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 32 -15 Applicant/ PRIOR OWNER: PAUL S.JENSEN, TRUSTEE of the 23 SANKATY ROAD REALTY TRUST CURRENT OWNER: CONRAD MARTIN. TRUSTEE of the SEAS THE DAY TRUST 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. `i' 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 73.1.4, Parcel 3 (portion) Book 1518, Page 277 Lot 2, 23 Sankaty Road Lot 2, Plan 2015 -10 Sconset Residential 10 (SR -10) DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals originally opened on October 8, 2015, at 1:00 P.M., in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, continued to November 12, 2015, further continued and closed on January 14, 2016 at that same time and place, the Board made the following Decision on the application of PRIOR OWNER and APPLICANT, PAUL S. JENSEN, TRUSTEE of the 23 SANKATY ROAD REALTY TRUST, u/dlt dated October 10, 2014 and recorded with the Nantucket Registry of Deeds in Book 1460, Page 268, and CURRENT OWNER, CONRAD MARTIN, TRUSTEE of the SEAS THE DAY TRUST, as evidenced by Trustee Certificate dated January 13, 2016 and recorded with said Registry in Book 1518, Page 275, both c/o Cohen & Cohen Law, P.C., PO Box 786, Nantucket, Massachusetts 02554, File No. 32 -15: 2. The applicant is requesting a finding that no relief is necessary in order to demolish a pre- existing nonconforming dwelling on an undersized lot created pursuant to M.G.L., c. 41 Section 81 L in order to construct a new dwelling which will conform to setback requirements pursuant to Zoning By -law Section 139 -16. Accordingly, the applicant is requesting that the Zoning Board of Appeals make a determination that the subject lot will not be merged by operation of law with adjacent undersized nonconforming lots, also owned by applicant, while temporarily vacant. In the alternative, the applicant is requesting relief by Special Permit pursuant to Section 139 -33 or, to the extent necessary, by Variance pursuant to Section 139 -32 from the provisions of Section 139 -33.E in order to maintain the lot as validly buildable after demolition. The Locus is situated at 23 Sankaty Road, is shown as portion of Nantucket Tax Assessor's Map 73.1.4 as Parcel 3, and as Lot 2 in Plan File 2015 -10. Evidence of prior owner's (applicant's) title is in Book 1460, Page 273 on file at the Nantucket County Registry of Deeds. Evidence of current owner's title is in Book 1518, Page 277, also on file at the Nantucket County Registry of Deeds. The property is zoned Sconset Residential -10 (SR -10). 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. There was no opposition, written or oral, to the application. 4. The lot is a pre- existing nonconforming lot pursuant to Zoning By -law Section 139 - 33.A(3), having been created pursuant to Massachusetts General Laws ( "M.G.L. ") Chapter 41, Section 81P, based upon the exception in the clause of M.G.L. Chapter 41, Section 81L for lots 2 containing two or more structures that predate the local adoption of subdivision control in the Town of Nantucket. The Locus is nonconforming as to lot area, containing approximately 5,206 square feet in the Sconset Residential -10 (SR -1) zoning district which requires a minimum lot area of 10,000 square feet, and as to frontage, having approximately twenty (20) feet of frontage on Sankaty Road where seventy -five (75) feet of frontage is required. 5. As presented to the Board by the Applicant's representative, the Locus, shown as Lot 2 upon Plan File 2015 -10, contains an existing two -story dwelling situated on the northeast corner of the premises. Said dwelling contains 957 square feet of ground cover, has an approximate height of thirty (30) feet, and is pre- existing nonconforming as to setbacks being sited as close as 3.4 feet from the northerly side yard lot line and .7 feet from the easterly rear yard lot line, where five (5) foot side and rear yard setbacks are required. The applicant is seeking relief to allow the demolition of the pre- existing non - conforming dwelling and construction of a new '/z story dimensionally conforming dwelling more in scale with neighborhood. When the existing dwelling is demolished, Lot 2 will be a vacant undersized nonconforming property adjacent to Lot 1, another undersized nonconforming property in common ownership with Lot 2. The applicant also controls 1 Rosaly Lane with has a common boundary with Lot 2. (Case law has generally indicated that separate ownership and control are required to prevent the merger of undersized vacant lots in common ownership.) 6. At the hearing on November 12, 2015, the Board requested that applicant take action to convey other lots into separate record title from the adjacent lots in order to meet the criteria as established by passage of Article 65 at 2015 ATM which inserted a new definition into Section 139 -2.A as follows: OWNERSHIP Record title to land, as shown upon deeds or other muniments of title on file at the Nantucket Registry of Deeds, the Nantucket Registry District of the Land Court, the Registries of Probate, or other applicable public offices. 7. Applicant, Paul S. Jensen, as Trustee of the 23 Sankaty Road Realty Trust, conveyed Lot 2 to Conrad Martin, as Trustee of the Seas the Day Trust, on January 13, 2016 by virtue of deed recorded at Book 1518, Page 277, evidence of which was presented to the Board at the hearing on January 14, 2016. 8. Therefore, based upon the foregoing, the Zoning Board of Appeals made a determination that the requested relief by SPECIAL PERMIT may be granted based upon the findings that the proposed demolition and construction will cure the existing nonconforming setback distances, will not be substantially more detrimental to the neighborhood than the existing noncon form it ies, and for that reason will be in harmony with the general purpose and intent of the Zoning By -law. Specifically, the Board grants the requested relief to allow the demolition of the nonconforming dwelling on the nonconforming lot, which shall remain a separate buildable lot (from adjacent Lot 1) notwithstanding said demolition, and construction of a new conforming dwelling on the nonconforming lot. 9. Accordingly, by a MAJORITY vote (4 -1 with Poor opposed), the Board GRANTS the requested SPECIAL PERMIT relief pursuant to By -law Section 139 -33 to allow 1) the demolition of the pre- existing nonconforming dwelling on the pre- existing nonconforming lot; 3 and 2) construction of a new dimensionally conforming dwelling thereon. The lot shall remain a separate buildable lot notwithstanding said demolition, subject to the following conditions: a. The proposed demolition and new construction shall be done in substantial accordance with Certificates of Appropriateness Nos. 63315 and 64429 issued by the Nantucket Historic District Commission, as the same may be amended from time to time. b. The new dwelling constructed on the lot shall be conforming as to all setback requirements pursuant to Section 139 -16.A of the Zoning By -law. c. There shall be no exterior construction between Memorial Day and Labor Day of any given year relative to construction contemplated under this decision. SI NATURE PAGE TO FOLLOW Assessor's Map 73.1.4, Parcel 3 (portion) Lot 2, 23 Sankaty Road Sconset Residential 10 (SR -10) Dated: 2 I ,2016 Book 1518, Page 277 Lot 2, Plan 2015 -10 erim Koseata Michael J. O'Mara Mark Poor (Opposed) COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the I 1 � day of Feb r�xar y 2016, before me, the undersigned notary public, personally appeared � L-�>rd 7u�,j 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 sign the foregoing instrument voluntarily for the purposes therein expressed. fic al Signature and Seal o otary Public �= ,s � Jac,` DORIS C. STRANG My commission expires: r Y Notary Public Massachusetts Commission Expires Oct 9, 2020 S.