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Home My WebLink About044-94TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: June 0�0 , 1994 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner /Applicant: WILSON WALTER C. WILSON AND NANCY N. Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in 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 an complaint in 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. Da e W. Waine Chairman cc: Town Clerk Planning Board Building Commissioner BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 CASE No ,0qk4- APPLICATION FOR RELIEF Owner's name(s): Walfer C. Wilson and Nancy N. Wilson Mailing address: 333 Clay Street, Suite 300, Houston, Texas 77002 Applicant's name: same Mailing address: Location of lot: Assessor's map and parcel number 48 _ 004 Q*"amit aAAYP_CR! 21 Sankaty Head Road Abl. 2M # Land Ct Plan, 3p0MhX3XX&x xW)7jMK)TLWX 23903 -B Lot 3 Cevk a! 114 581 Date lot acquired: qj4MI11 Bead Ref I, Zoning district LUGS Uses on lot - commercial: None k or MCD ?- number of: dwellings 1 duplex_ apartments_ -rental rooms_ Building date(s) : all pre -8/72? _y sor C of 0 ?. �5 Building Permit appl'.n. Nos. F735 -q1 Case Nos. all BoA applications, lawsuits: 075 -90 State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139 -32A if Variance, 139 -30A if a Special Permit .(;cL1'Ld. 139 -33A X if to alter or�extend'a nonconforming use) 'If Sppeal per 139 -3j�A & B _ , attach decision or order appealed. OK to attach addendum . RE CE pFFiCe TOWN CLO:'K M?°� 0255$he Applicantsseeks a Special Permit to construct a secondary dwelling on the NAN �LfCKE Property. See Addendum A annexed hereto. n A Mp`( 19 -DIME. - --- CLERK'.- [L-tz P/" Items enclosed as part of this Application o derl ad4endum2 Locus map \ Site plan showing present +planneU �/ °stXuctures Floor plans present— proposed_ elevations ✓ (HDC,aVproved ?_) Listings lot area frontage setbacks GCR parking data Assessor- certifiesaddressee rest 4 sets 7 mailing label$$ 2 sets ✓ 1200 fee payable...to_. -Town • of Nantucket • woof . J cap' 6c5venant (If an appeal, ask Town Clerk to sen —BBldg Com s record to BoA7.F I certify that the requested information submitted is substantially complete and true,to the best of my knowledge, under the,pains and peYialties of perj' Waiter it a Na cy N. Wilson SIGNATURE: BY: Applicant— '''— 7iagent x 3(If not owne or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE 1, ` W / Application copies re ec'd:•4 �or for BoA on by One copy filed with Town Clerk on 0_j� by (• Z, ) complete? lJ One copy each to Planning Bd and Building„ DeptjJ 1 2f b $200 fee check given Town Treasurer on _r by (,ViQ� waived? Hearing notice posted�1�mailed_/1�/�Y I & Hearing (s) on,_/_/_ cont' d to _/_/_, ��_ withdrawn ?--/,/_ Decision due bye_/_ made _/__/_ filed.TC _/_J_ mailed _/__/_ See related cases lawsuits other ADDENDUM "A" The Applicants seek a Special Permit pursuant to Section 139 - 33A to construct a secondary dwelling on the property in accordance with the provisions of Section 139 7 A (2). The property is located at 21 Sankaty Head Road, Siasconset, Assessor's Parcel 48- 004, Lot 3, Land Court Plan No. 23903 -B at the Nantucket Registry District for the Land Court and zoned LIMITED USE GENERAL -3. Subject Lot 3 was created on September 27, 1982 by a Nantucket Planning Board Approval Not Required Plan and was conveyed into separate ownership on February 18, 1983 (see Certificate of Title No. 10.447). From February 18, 1983 to date subject Lot 3 has remained in separate ownership from contiguous Lot 4 on Land Court Plan-No. 23903 -B. Applicants' Lot 3 has 90,604+ square feet of area and 91.39 feet of frontage along Sankaty Head Road; a minimum of 120,000 square feet of area and 200 feet of frontage are required in the LUG -3 District. The 1983 conveyance of Lot 3 into separate ownership created zoning violations because the Lot did not comply with minimum area and frontage requirements: however, the structures on the Lot are protected from zoning enforcement actions by the provisions of M.G.L. c.40A, §7 since more than ten (10) years has elapsed from the creation of the zoning violations. Moreover, this Board granted the Applicants a Variance to relocate the house on the lot away from the eroding Sankaty Bluff on December 10, 1990 (BOA No. 075 -90) and noted that "... the construction of new buildings on the lot will require relief from the Board given the zoning non - conformities which effect the lot." (See BOA Clarification No. 075 -90, 9/20/91). The Applicants propose to construct a secondary dwelling on the lot which will be sited in compliance with current zoning regulations and seek a Special Permit pursuant to Section 139 -33E of the By -Law to do so. Based upon Land Court Decision in McKenzie v Zonincf Board of Appeals of Wayland (Case No. 131524 dated June 4, 1990), the Board's decision in Westmoor Associates (082 -93) and the Board's decision in Arnold R. Small and Joan D. Small (013 -94), this lot should be treated as a pre- existing, non - conforming lot and a secondary dwelling on the lot is permitted by Special Permit on the condition that the Board finds that the proposed secondary dwelling is not substantially more detrimental to the neighborhood than the existing residential use of the lot. The Applicants submit that their proposed secondary dwelling is modest and attractive in appearance, complies with all zoning regulations and is not substantially more detrimental to the neighborhood than the current use of Lot 3; accordingly, the Applicants request that the Board grant a Special Permit to them. fl N 106e000. are I Iy li 41:1 II roA ('I N i.� 41.1 RYA i I RAA ,I1 f� II � phi v.I ee.A 1 I i - 1: I i IS O O nl AA \ s\ Wee I ® yl\ 0 • >; w in,, ac u.tt 4 26 Ttw`\ 1\ 1 \\ e we v- � �1 ague i J10o so An rw _ p� /ueln"el'ea tla t O it to wAY •,'� ea.aN. \ ' t \ a� \� N 1M \ .. ee E Ha II as e .e J � . 4.e K. N J n uac N 4111 a HY a e1 K. Sy 14 K. _ is 1 4 ~ ...ct, ., ct, �eca� aallTar eIReT,IIRIaT gelTeo.aaeA ..el1TMTwe _ (' 1 t a (�O \1' L UN& aGOTaa form eTAWA Dour .,.e. NANTV. RWORMATION SHOWN HEREON WAS etwueawa �i COMPOLEO FROM AERIAL 1PNOTOORAP IS. DEEDS. _ AND PLANS Of WOW AND IS NOT TO at 126 ,••• - N - CONSTRIAD AS HAVING SUEEKIENT ACCUR- ACY FOR CONVEYANCE. li a !-� ',070 VAG C-5 S. F. MINIMUM FRONTAGE: o2oa ' FRONT YARD SETBACK: 3s ' REAR 6 SIDE SETBACK: do ' GROUND COVER RATIO: 3Z PLOT PLAN OF LAND IN NANTUCKET, MASS. THE STRUCTURES SHOWN ��+ r`r,�r: SCALE 1 ARE LOCATED AS SHOWN. i' �yc . >-, M0 J. � DATE: y , /p9,t J SW� AUE J2J Nn.7,�`� j JOHN J. SHUGRUE INC. JO N J SHUGRU9 PLS �s °g 57 OLD SOUTH ROAD �o ANOS NANTUCKET, MA.02554 DATE: ��,cy io,/p -F4 FOR: d41-TER W; {.So.' � a �o �r� • 39 f.. vt.� I. war 24 • r' t THE STRUCTURES SHOWN ARE LOCATED AS SHOWN. JON J1 SHUGRUE PLS ASS o NCB % :'� „i •j VA �eJ je ``: !mow►` i Afore; k or C A.5,f rQ 4 f 7'F ,e 7aNi,v6• ';"V a_ PAC 19s-s- Q,,, Ao %,vss ZONING: Jt, uG 3 MINIMUM LOT SIZE ao,.ao MINIMUM FRONTAGE: doo FRONT YARD SETBACK: ?S- REAR & SIDE SETBACK: $o ' GROUND COVER RATIO: 3;Z PLOT PLAN OF LAND IN NANTUCKET, MASS. SCALE 1 "= 60 ' DATE: 7`, y io, IYPA JOHN J. SHUGRUE INC_ 57 OLD SOUTH ROAD NANTUCKET, MA.02554 FOR: 414ATE R ul, x sso'l EL NQ.,_f, s d --o -� �� ,� �,, 4 ! •fd�S. • /f1 //� I' a�8 �� . Nq � �� i�� w� i y J �� ms - --��- � .� , . �� .. , �, -� k\ r y1 It, - .. w r F BoA' Foxzn. ::. - 2 -89 y NANTUCKET ZONING BOARD OF APPEALS TOWN- *-AND COUNTY BUILDING NANTUCKET, MA 02554 .ASSESSORi-8 LIST OP PARTIES IN INTEREST PROPERTY-;.OWNER: 0. C Y G i� aw► �-, . �. t `��- APPLICANT~ FOR RELIEF (SAME' ADDRESS•. OF . PROPERTY: ASSESSOR'S MAP - PARCEL: LIST .OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED ): f , I certify-.that. :the foregoing or the attached ) lists all nersons;�: natural or legal, who are owners ofy public propezty;1 owxiexs.• of land directly opposite on an p or private'street or way, and abutters re the abutters and a•11 other' land owners within three as . they hand thezre property line•:of owner s property, ey (a tax list address) appear: on the most recent applicable [per M'T.L.:- c:4AA, Section 11 and Zoning Code Chapter 139, Section- 139- 29D_(2) 3. Date / G — sse sots Town of n ucket *NOTE: •Applicant '(petitioner) =should include with the lot for which zoning relief is sought, any commonly -owned abutting lots.which might.become involved in the zoning matter. List map and parcels for each abutter. 05/09/94 12:26:16 Map Block Lot Owner's /Co- Owner's Name 0048 0028 SANKATY HEAD GOLF CLUB INC 0048 0031 DUMPER ROBERT JR 0048 0003 KRAUTHOFF CARL C 0048 00041 FREEMAN REALTY TRUST C/O RAYMOND MURPHY 0048 0005 U S COAST GUARD 0048 00017 HOLMES JOAN M TRUSTEE PERSONAL RES.TRUST NUMBER OF RECORDS = 6 TOWN OF NANTUCKET OWNER'S MAILING ADDRESS LIST Mailing Address /City State Zip Property Location PO BOX 293 0125 SANKATY RD SIASCONSET MA 02564 0051 STARK KNOLL PLACE 0020 SANKATY HEAD RD OAKLAND CA 94618 PO BOX 1233 0025 SANKATY HEAD RD PLAINS MT 59859-1239 198 DYER STREET 0023 SANKATY HEAD RD PROVIDENCE RI 02903 0000 SANKATY HEAD NANTUCKET MA 02554 5850 PELICAN BAY BLVD 0005 BLACK WALNUT LN NAPLES FL 33963 PAGE 1 MUAS750 8.1 EDWARD FOLEY VAUGHAN KEVIN F. DALE MELISSA D. PHn.HRIcx RACHEL G. HOBART VAUGHAN, DALE AND PHILBRicK PROFESSIONAL CORPORATION ATTORNEYS AT LAW WHALER'S LANE P.O. BOX 659 NANTUCKET, MASSACHUSETTS 02554 TEL 150812284455 FAX 150812283070 May 3, 1994 HAND DELIVERY Mr.'Peter D. Kyburg, Administrator Nantucket Board of Appeals South Beach Street Nantucket, Massachusetts 02554 RE: Walter C. and Nancy N. Wilson ' 21 Sankaty Head Road Nantucket, Massachusetts Dear Peter: On behalf of my clients, Walter C. and Nancy N. Wilson, is an Application for Special Permit so as to allow my clients to build a secondary dwelling on the above - referenced property. I also enclose the locus map, site plan showing present and proposed structures, elevation plan, and filing fee check in the sum of $200.00. The Assessor's office has informed me that I will not have a certified abutters list until early next week. I will forward the abutters list and 2 sets of mailing labels immediately upon my receipt of the abutters list. Please call me if you have any questions or concerns. Sincerely, KFD /bar Enc. VAUGHAN, DALE AND PHILBRICK PROFESSIONAL CORPORATION ATTORNEYS AT LAW WHALERS LN., P. O. BOX 659 NANTUCKET, MA 02554 PAY n TO THEi \ CJ. ORDER O F 1 —T -ter ' r�-- -- pttrifir National Vank _ of Nanturkrt r NANTUC , n. FOR 11'00 308011' i:0 L L 30 54 2 2i: 110003 68 11■ d --3 ((��,,�� 53- 542/713 19`I'T DO $ Zd0— DOLL S BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING• *Date NANTUCKET, MA 02554 CASE NO.-- APPLICATION FOR RELIEF Owner's name(s): Walter C. Wilson and Nancy N. Wilson Mailing address: 333 Clay Street, Suite 300, Houston, Texas 77002 Applicant's name: same Mailing address: Location of lot: Assessor's map and parcel number 48 _ 004 Street address: 21 Sankaty Head Road 4X6§ f# Land Ct Plan, =XhXMX&X xW)7jWXVjWX 23903 -B Lot 3 Cevk Date lot acquired: C /�`tb Reid. Ref 14'.- Zoning district LUGS Uses on lot - commercial: None or MCD ?_ - number of: dwellings 1 duplex_ apartments x 'rental rooms_ Building date(s) : all pre -8/72? _yesor C of 0? 4w Building Permit appl',n. Nos. 8235 -q1 Case Nos. all BOA applications, lawsuits: 075 -90 State fully all zoning relief sought and respective- Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BOA to make each finding per Section 139 -32A if Variance, 139 -30A if a Special Permit .(;oLizd.139 -33A X if to alter or- extend a nonconfjorming use) 'If tippeal per 139 -3 A & B _ , attach decision or order appealed. OK to attach addendum . The ApplicantSseeks a Special Permit to cinstruct a secondary dwelling on the Property. See Addendum A annexed hereto. C) LL `r' li C I Items enclosed as part of this Application: orderl addendum Locus map �/_ Site showing present +planneU ✓rstructures LLd �. Cn ( plan Floor plans present proposed elevations ✓ (HDna� proved ?_) — > Y rn �, i 'I Listings lot area frontage setbacks GCR parking data Assessor- certifiecn- addressee 1-1st 4 sets ✓ ma 1 ni g label 2 sets_✓ W W LL, c� '' C 200 fee payabl.e...to..Town' of Nantucket woof — cap' d9venant (If an appeal, ask Town Clerk to send Bldg Comr s record to BoAT Uj CC U >- Q M j I certify that the requested information submitted is substantially Z i- complete and true, to the best of my knowledge, under the wins and Z f peftalties of perj , Wall ter it a Na cy N. Wilson O Q Z Y SIGNATURE: BY. Applicant _ "` -Ti agent x 3(If not owne or owner's attorney, enclose proof of authority) FOR BOA OFFICE USE Application copies reed: 4_ or for BOA one. /_/_ by i One copy filed with Town Clerk on__/�_ by _T_ complete?x One copy each to Planning Bd and Buildin g „De�tTJ�b�_ $200 fee check given Town Treasurer on_/__/_ by waived ?_ Hearing notice posted _j_ /_ mailed_/_/_ I & M_/--:-/_, Hearing(s) on_/_/_ cont'd to —/___/_, _J_/_ withdrawn ? _/, /_ Decision due bye_/_ made _/___/_ filed. TC__/_-/_ mailed _/, /_ See related cases lawsuits other ADDENDUM "A" The Applicants seek a Special Permit pursuant to Section 139 - 33A to construct a secondary dwelling on the property in accordance with the provisions of Section 139 7 A (2). The property is located at 21 Sankaty Head Road, Siasconset, Assessor's Parcel 48- 004, Lot 3, Land Court Plan No. 23903 -B at the Nantucket Registry District for the Land Court and zoned LIMITED USE GENERAL -3. Subject Lot 3 was created on September 27, 1982 by a Nantucket Planning Board Approval Not Required Plan and was conveyed into separate ownership on February 18, 1983 (see Certificate of Title No. 10.447). From February 18, 1983 to date subject Lot 3 has remained in separate ownership from contiguous Lot 4 on Land Court Plan-No. 23903 -B. Applicants' Lot 3 has 90,604+ square feet of area and 91.39 feet of frontage along Sankaty Head Road; a minimum of 120,000 square feet of area and 200 feet of frontage are required in the LUG-3 District. The 1983 conveyance of Lot 3 into separate ownership created zoning violations because the Lot did not comply with minimum area and frontage requirements: however, the structures on the Lot are protected from zoning enforcement actions by the provisions of M.G.L. c.40A, §7 since more than ten (10) years has elapsed from the creation of the zoning violations. Moreover, this Board granted the Applicants a Variance to relocate the house on the lot away from the eroding Sankaty Bluff on December 10, 1990 (BOA No. 075 -90) and noted that "... the construction of new buildings on the lot will require relief from the Board given the zoning non - conformities which effect the lot." (See BOA Clarification No. 075 -90, 9/20/91). The Applicants propose to construct a secondary dwelling on the lot which will be sited in compliance with current zoning regulations and seek a Special Permit pursuant to Section 139 -33E of the By -Law to do so. Based upon Land Court Decision in McKenzie v Zoning Board of Appeals of Wayland (Case No. 131524 dated June 4, 1990), the Board's decision in Westmoor Associates (082 -93) and the Board's decision in Arnold R. Small and Joan D. Small (013 -94), this lot should be treated as a pre- existing, non - conforming lot and a secondary dwelling on the lot is permitted by Special Permit on the condition that the Board finds that the proposed secondary dwelling is not substantially more detrimental to the neighborhood than the existing residential use of the lot. The Applicants submit that their proposed secondary dwelling is modest and attractive in appearance, complies with all zoning regulations and is not substantially more detrimental to the neighborhood than the current use of Lot 3; accordingly, the Applicants request that the Board grant a Special Permit to them. O 0 : IWORMAT*N SHOWN HEREON WAS COMPIL 0 FRO. Al*M M4WOGRAPKS DUDS. AND BANS of ftCORO AND IS NOT TO GE CONStNtgo AS HAVING, St.*FKIENT ACCUR- Acy FOR CONVEYANCE. j1 E II an. '0 O�F OR OR. 8 &C. 4F1 eawm. mNKwmff OWTHWAOCAL ""wrieft 126 IMMEMER"• its 4 'I'lle it a Ild 'I NANT U( OIL" AY SO "so X. tE le At its 4 'I'lle it a Ild 'I NANT U( I H r 'SO70 THE STRUCTURES SHOWN ARE LOCATED AS SHOWN. -- d4 JO N J / SHUGRU8 PLS DATE: ;;,,,Ay io, i9Fa. 'ss . .. ..,,� ., .... ... -•- -_ S.F. MINIMUM FRONTAGE: FRONT YARD SETBACK: 3s ' REAR & SIDE SETBACK: ao ' GROUND COVER RATIO: 3 7 PLOT PLAN OF LAND IN NANTUCKET, MASS. SCALE 1 "= 60 ' DATE: T- Ay io, IPPA JOHN J. SHUGRUE INC. 57 OLD SOUTH ROAD NANTUCKET, MA.02554 FOR: 4.9 /c TE R u/ A so �` 70