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Home My WebLink About070-94e TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET; MASSACHUSETTS 02554 Date: December 12 , 1994 To: Parties in Interest and.Others concerned with the Deci -lion of the BOARD OF APPEALS in the Application of the following: Application No.: 070 -94 Owner/Applicant: DORANN CAFARO, OWNER, MICHAEL J. PEACOCK CONTRACT PURCHASER 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. Dale Waine Chairman cc: Town Clerk Planning Board Building Commissioner RECEIVED (-OWN CLERK'S OFFICE NANTUCKET MA DEC 121994 I_uwE. io ��- CLERK n�� Zoning Board of Appeals 3 South Beach Street Nantucket, Massachusetts Map 86 47 West Miacomet Avenue Parcel 007 Certificate of Title No. 8467 MMD At a public hearing of the Zoning Board of Appeals held at 1:00 p.m. Friday, November 4, 1994, in the Selectmen's Meeting Room, in the Town and County Building, Broad Stibet, Nantucket, Massachusetts, on the Application of: DORANN CAFARO, Owner, MICHAEL PEACOCK, Contract Purchaser, Board of Appeals File No. 070 -94 the Board made the following DECISION: 1. Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning ByLaw Section 139 -32A from the requirements of Nantucket Zoning ByLaw Section 139 - 16A (minimum lot size, frontage and ground cover), in order to validate subject Lot 24, which is part of a four lot subdivision, as a separate, marketable and buildable lot. The locus has 71,584 square feet of lot area in a Zone that requires 10 acres ( but required 80,000 sq. ft. at the time it was built under LUG -2 Zoning ) Applicant proposes to relocate an existing single family dwelling from abutting Lot 26 to the subject lot. See Board of Appeals File Nos. 026 -75, 027 -76, 088 -88 and 115 -88. Relief is being sought since the previously granted relief was never acted upon in a timely fashion. 2. The Decision is based upon the Application and materials submitted with it. The testimony and evidence presented at the Hearing, including a three page chronology of this subdivision which was entered into the record, and two letters in support of the relief sought. 3. The Applicant's counsel explained the history of this four lot subdivision as follows: Variance relief was granted on August 26, 1975 (BOA File No. 26 -75). This Variance allowed the Applicants, Charles and Gloria Clough, to reconfigure Lots 11 and 17 on Land Court Plan 17368 -F. Lot 17 was a waterfront lot of 2.5 acres and Lot 11 was situated across a way and consisted of 3.5 acres. The purpose of this subdivision was to allow two buildable lots to have ocean frontage, each lot being divided by the road. Each new lot would have 147.78 feet of frontage and would be 2.22 feet short of the required frontage. Each new lot would be restricted to one house per lot and a covenant was executed to memorilize this and was recorded at the Nantucket Registry of Deeds. - The new Land Court Plan No. 17368 -1 was issued on January 26, 1976 which was the subdivision of Lots 11 and 17 into Lots 24, 25, 26 and 27. On January 18, 1977, additional Variance relief was granted to the Cloughs to validate the dwelling -_ors- Lot 24, .(formerly Lot 17) which was said to violate the required 30 foot front yard setback. (BOA File No. 027 -76). The Cloughs conveyed Lots 24 and 26 to J. Barry Morrissey on February 4, 1977 and he conveyed these lots to Dorann J. Cafaro on September 20, 1978. Dorann J. Cafaro conveyed Lot 26 to Michael and Nancy Peacock on September 8, 1988 and Lot 24, the subject of this hearing, is under contract to the Peacocks. The Cloughs conveyed Lots 25 and 27 to Michael Cassels on March 31, 1976 and on Autjust 8, 1977 he conveyed the lots to Patricia Cassels, who then conveyed both lots to the Nantucket Land Bank on September 1, 1985. An Agreement was then entered into by the Land Bank restricting these lots to no building, but allowing a parking lot. On November 18, 1988, Dorann J. Cafaro applied for Variance relief to render Lot 24 a separate, buildable lot. Relief was denied based on the 1975 decision which stated that Lots 24 and 26 were to have only one dwelling, and it was deemed that applicant created her own hardship by conveying Lot 26 to the Peacocks. (BOA File No. 088 -88). On February 10, 1989, Nancy and Michael Peacock, as owners of Lot 26, applied to the Board of Appeals for a reversal of a cease and desist order issued by the Building Commissioner because the existing dwelling did not meet the 80,000 sq. ft. lot size requirement (under LUG -2 which was the zoning in effect at the time the house was built). The Board sustained the Building Commissioner's finding that Lot 26 violates Section 139 -16A but reversed the Building Commissioner's cease and desist order and barred the imposition of the corresponding fine based on the ten year enforcement statute. On August 29, 1994, Cafaro and Peacock entered into a Purchase and Sales Agreement for the sale of Lot 24 to Peacock so that he can move the existing dwelling on Lot 26 to Lot 24. If relief is granted, Applicants will leave Lot 26 vacant and will record a covenant at the Registry of Deeds similar to the one agreed to in the recent Newhouse case stating that Lot 26 would remain vacant as an unbuildable lot. Based upon the information presented, representations of Applicant's counsel and letters in support of the requested relief by Dawn Darbey for the Nantucket Land Bank Commission and John Johnson on behalf of the West Miacomet Homeowner's Association and five of the abutters, the Board, by unanimous vote, (Waine, Williams, Leichter, Sevrens and Hourihan) finds that the proposed move of the dwelling from Lot 26 to Lot 24 is in substantial compliance with the Board's original intent in its 1975 decision which was to only allow one dwelling on these two lots and the Board- futher determined that it will not be more detrimental to the area and therefore GRANTS`the Variance relief requested under Section 139 -16A upon the following conditons: (a) a covenant will be recorded at the Nantucket Registry of Deeds stating that Lot 26 will remain vacant and unbuildable; and (b) The existing dwelling being moved to Lot 26 will be in the same configuration as the existing dwelling which has a ground cover of 1,618 square feet and will meet all of the setback requirements for the LUG -2 Zoning District ( which was the zoning in effect at the time this building was con ructe .) D j (A Ak J William ,P Hourihan Dale Waine Nancy Sevrens RECEIVED TOWN CLERK'S OFFICE NANTUCKET. MA n2FF4- DEC 121994 1 -IME: CLERK:___ Zoning Board of Appeals South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, November 4, 1994, in the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: DORANN CAFARO, OWNER, MICHAEL J. PEACOCK, CONTRACT PURCHASER Board of Appeals File No. 070 -94 Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning By -Law §139 -32A from the requirements of Nantucket Zoning By -Law §139 -16A, (minimum lot size, frontage and ground cover), in order to validate subject Lot 24 which is part of a four lot subdivision as a separately marketable and buildable lot. The Locus has 71,584± square feet of lot area in a Zone that requires a minimum lot size of 10 acres. Applicant proposes to relocate an existing single family dwelling from abutting Lot 26 to the subject Lot. See BOA Files No. 026 -75, 088 -88, and 115 -88. The premises is located at 47 WEST MIACOMET ROAD, Assessor's Map 86, Parcel 007, as shown on Land Court Plan 17368 -I, Lot 24. The property is located in the Moorlands Management District. C-'"uL. CN � i Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228 -7215. BoA Form 1 -89 owner's name(s): Mailing address: Applicant's name: NANTUCKET ZONING BOAx.-:) OF APPEALS TOWN AND COUNTY BUILDING ��}}Daa/teQ (� NANTUCKET, MA 02554 CASE No.V -/ / *e�flr_�rnamrnx POR RELIEF Dorann Cafaro _OW 60 Rumson Road, Rumson, N.J. 07760 Rhoda H. Weinman, Attorney for Michael J. Peacock - contract purchaser Mailing address: P.O. Box 1365, Nantucket, MA 02554 Map Parcel Location of lot: Assessor's map and parcel number 0086- 007 Street address: 47 West Miacomet Road, Nantucket, MA _ Registry Land Ct Plan, nA11XXkX9 ? M)EM 17368 -I Lot 24 Cert. of Title MMD Date lot acquired: 1�� 78 Deed Ref x4,67 Zoning district Uses on lot - xaw=Mac 0bW1x' None _ or Vacant Land X ?_ - number of: dwell ingsNoneduplex N/A apartments_ rental rooms_ Building date(s): all pre -8/72? NIA or C of O ?_ Building Permit appl'n. Nos. N/A Case Nos. all BoA applications, lawsuits: 26 -75- 088 -88 /Z_ obs� ?� 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 (and 139 -33A if to alter or extend a nonconforming use) . If appeal per 139 -31A & B attach decision or order appealed. OK to attach addendum . RECE? ,70 TOWN CLERK'S- See Attached Exhibit A NANTUCKFT N,ti OCT 19 1994 TIME: items enclosed as part of this Application: orderl addendum2 CLERK._ Locus maps Site planes showing present +planned structures - _ Floor plans present proposed_ elevatlnns (HDC approved ?_) - Listings lot area — frontage setbacks GCR parking data Assessor - certified addressee Iist 4 sets -, ma *ling labels 0 sets j200 fee payable to Town of Nantucket proof 'cap' covenant l(If an appeal, ask Town Clerk to sen Bldg Comr s record to BoAT I certify that the ested information submitted is substantially complete an4tru o est of my knowledge, under the pains and Qenalties o SIGNATUR Applicant Attorney /agent 3(If not owner or owner's attorney, enclose proof of authority) FOR BooAA OFFICE USE Application copies rec d: 4 y Or_ for BOA on� S by One copy filed with Town Clerk on Let /� by C&Lj comple%%te�el -_ One copy each to Planning Bd and Building Dept��bl{��'1 -c'c� $200 fee check given Town Treasurer on / 0/-Da bz�„� waived?— Hearing notice postedZUlft1 mailed'l I 6 Mzaj�a, Hearing(s) on _j_/_ cont'd to__/_-J_, _j_/_ withdrawn?—J--/— Decision due by _/_/_, made _j__/_ filed TC__/_/,_ mailed—j--/— See related cases lawsuits other ATTACHMENT A Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning By -Law Section 139 -32A from the requirements of Nantucket Zoning By -Law Section 139 -16A (minimum lot size, frontage and ground cover) in order to validate subject Lot 24 which is part of a four lot subdivision as a separate buildable lot. Locus has 71,584 sq. ft. of lot area in a Zone that requires a minimum lot size of 10 acres. Applicant proposes to relocate an existing single family dwelling from abutting Lot 26 to the subject Lot. See BOA Files No. 026 -75, 088 -88, 115 -88. The premises is located at 47 WEST MIACOMET ROAD, Assessor's Map 86, Parcel 007, as shown on Land Court Plan 17368 -I, Lot 24. The property is in the Moorlands Management District. t - BoA- Form 2-89 T NANTUCKET ZONING BOARD OF APPEALS TOWN-AND-COUNTY BUILDING NANTUCKETj, MA 02554 ASSESSORIS LIST OF PARTIES IN INTEREST PROPERTY ;.OWNER: APPLICANT FOR RELIEF (SAME? ): ry1 ADDRESS•.•OF .PROPERTY: L e 1 Itn or -x-nA P-N ASSESSOR'S MAP - PARCEL: LIST-OF PARTIES INCLUDING ADD_IRESSES *(OR SEE ATTACHED J_): I certify-'that `.,the foregoing (or the attached ) lists all-persons.'. natural or legal, who are owners of abutting property,,* owners•of land directly opposite on any p or private'street or way, and abutters of the abutters and all other land owners within three hundred feet of the property line -of Owner's property, as they (and their address) appear on the most recent applicable tai: list (per M.G'.L. c.40A, Section 11 and zoning Code Chapter 139, Section 139- 29D(2)). own of a DateC� *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. OW12/94 TOWN OF NANTUCKET 08:39:15 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's /Co-Owner's Name Mailing Address /City State Zip Property Location 0086 0008 NANTUCKET ISLANDS LAND BANK 0004 N WATER ST 0045 WEST MIACOMET RD NANTUCKET MA 02554 0086 0003 MCGANNON DONALD H EST OF 0450 NEW KARNER RD 0049 WEST MIACOMET RD C/O CONWAY JAMES E ALBANY NY 12205 0086 00022 JOHNSON JOHN & LINDA L 0010 NILES LN 0053 WEST MIACOMET RD WINCHESTER MA 01890 0086 0002 SOHN STEPHEN A 0170 COMMONWEALTH AVE 0050 WEST MIACOMET RD BOSTON MA 02116 0086 0004 MCGANNON DONALD H EST OF 0450 NEW KARNER RD 0048 WEST MIACOMET RD C/O CONWAY JAMES E ALBANY NY 12205 0086 0006 PEACOCK MICHAEL TR 6416 SHADOW RD 0046 WEST MIACOMET RD NANCY B PEACOCK RES TRUST CHEVY CHASE MD 20815 0086 0009 NANTUCKET ISLANDS LAND BANK 0004 N WATER ST 0044 WEST MIACOMET RD NANTUCKET MA 02554 0086 0010 MARIA MITCHELL ASSOCIATION 0000 WEST MIACOMET RD NANTUCKET MA 02554 0086 0011 LITTLE ELIZABETH D 0037 CONANT RD 0042 WEST MIACOMET RD RR 3 LINCOLN MA 01773 0086 0012 MARIA MITCHELL ASSOCIATION 0040 WEST MIACOMET RD NANTUCKET MA 02554 0086 0014 MARIA MITCHELL ASSOCIATION 0036 WEST MIACOMET RD NANTUCKET MA 02554 0086 00132 OCONNER NEAL W & NANCY T 0010 CONSTITUTION HILL 0043 WEST MIACOMET RD PRINCETON NJ 08540 0086 00131 BARADA ANDREW S III & RITA 0087 JUNIPER RD 0041 WEST MIACOMET RD NEW CANAAN CT 06840 0081 0052 MCGANNON FAMILY L P 0450 NEW KARNER RD 0000 MIACOMET PARK C/O CONWAY JAMES E ALBANY NY 12205 0081 0053 NANTUCKET ISLANDS LAND BANK 0004 N WATER ST 0000 SMOOTH HUMMOCKS NANTUCKET MA 02554 NUMBER OF RECORDS = 15 PAGE 1 MUAST50 8.1 - 61 =aa �.�, `` ` T_ of -as 8162 .ia Ac. MIA t Ia.TA . 3 7 I.8 A ,Z.9,3CA v •, T cot ' I.4A 8 ti 1.1 A vv ROAD• AA e 1.4 2 11 5 A #. / 1.0 A 1.3 A 10 14 ].6A PROPRIETORS • Is 4.0 A r 7�gI< Q?, 44 0e'1'j 14\ ti1�3IA Pe. -noun. Ree�rY co. 81c- 3 wy I°l3 ' T j 4FLo= T ?, sG} gl T i4xi 5 6, f. 1 11 .x t IIK CURRENT ZONING MAP: Mooa� c.l1s Mec rr r ScG MINIMUM LOT SIZE: loans MINIMUM FRONTAGE: ,00 -, FRONTYARD SETBACK: 50—r, SIDE AND REAR SETBACK: 4LLOWABLE G.C.R.: 0•5 :XISTING G.C.R.: L� u.. a.g t L°r y} . �I.N� �w �= lboo� 5•E 'ROPERTY LINES SHOWN ARE TAKEN FROM RECORDED )EED AND PLAN REFERED TO HEREON. BUILDINGS, MONUMENTS, :TC. ARE PLOTTED FROM FIELD MEASUREMENTS. V.B.15fo(101 im �,rlV C,°.tSTa.+c�f�7 �qfg -2 Zsµiµa M IoT $,zy,. 6o,oco 4,,F. Z FmNrK : 150 F rt RFi.o_.5e.- aper- I•f c-r L1aio ZDiA TiEU`i'°.L p.Gt, °e7a'9 �►�V4 \N 01 l•�t'` MICHAEL �_ AS —BUILT PLOT PLAN 3 s. Bp•GHMAN y No. 27868 IN NANTUCKET, MASSACHUSETTS `F4fiOti `ISit0 SCALE: I' =�' DATE: %(13(94 t c, �4--T laryt DEED REFERENCE: L-c�, Isew l !-t PLAN REFERENCE: w P.- m3oe, -Z ASSESSORS MAP 51. PCL. obi PREPARED FOR: m AM. lc' I2. �AUx�IG. NANTUCKET SURVEYORS INC. 5 WINDY WAY NANTUCKET, MA. 02554 N —AAOQ