HomeMy WebLinkAbout073-94,- y
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: December /& , 19 94
To: Parties in Interest and.Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 073 -94
Owner /Applicant:
JULIE W. PARKER
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.
n
Dale W. Waine , Chairman
cc: Town Clerk
Planning Board
Building Commissioner
Assessor's Map
Parcels 142 and
R -1
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
42.3.2 32 and 32A Union Stree:
085 Plan Book22, Page 55
Lots 1 and 2
At a Public Hearing of the Nantucket Zoning Board of Appeals
held 1:00 P.M., Friday, November 4, 1994, in the Selectmen's Meeting
Room, Town and County Building, Broad Street, Nantucket, MA, on the
Application of JULIE W. PARKER of 253 Meadowbrook Road, Weston, MA
02193, Board of Appeals File No. 073 -94, the Board made the
following Decision:
1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket
Zoning By -Law §139 -33A or in the alternative, a VARIANCE under
Nantucket Zoning By -Law §139 -16A to reconfigure the interior lot
line separating two (2) said to be pre- existing non - conforming lots
held in common ownership, so as to create two (2) new separately
marketable lots. Each Lot contains a said to be pre- existing
non - conforming single family dwelling. Lot 1, 32 Union Street, is
said to be nonconforming with respect to the required 10 foot front
yard setback, having a structure that is sited 6.5+ feet at is
closest point from the front yard lot line. Lot 2, 32A Union Street,
is said to be non - conforming with respect to the required 5 -foot side
yard set back having a structure that is sited 2.0+ feet at its
closest point to the easterly side yard lot line and 1.6+ feet at
its closest point to the westerly side yard lot line, and is
nonconforming as to frontage requirements as the Lot contains 28.34
feet in a zone that requires 50 feet.
The premises is located at 32 and 32A UNION STREET,
Assessor's Map 42.3.2, Parcels 142 and 085, as shown in Registry
Plan Book 22, Page 55, Lots 1 and 2. The property is zoned
Residential -1.
2. The Decision is based upon the Application and materials
submitted with it and testimony and evidence presented at the
Hearing. There were no letters on file. The Planning Board made
an unfavorable recommendation on the grant of relief under Zoning
By -Law §139 -33A as it did not have any provision for changing the
configuration of lots. They further point out that the lots were
created in 1983 and thus were not pre- existing non - conforming. The;
further found that there were no grounds for grant of a Variance.
3. Applicant represents that each Lot conforms to the minimum
5,000 -foot lot area requirements of the Residential -1 Zoning Distr:..�-t
in which they are located with 32 Union Street having a lot area o,
9,981 square feet and 32A Union Street having a lot area of 5,496
square feet. 32A Union Street does not conform to the fifty -foot
frontage requirements having 28.3± feet of frontage on a way.
(073 -94) -2-
Each Lot has a pre- existing non - conforming single - family dwelling or
it and each Lot complies with the ground cover requirements for thiE
R -1 Zoning District. The structure on Lot 1 (32 Union Street) does
not conform to the ten -foot front yard setback requirement, a
portion of the structure being sited 6.5+ feet from the front yard
lot line. The structure on Lot 2 (32A Union Street) does not conform
to the five -foot side yard setback requirement, a portion of the
structure being sited 2.0+ feet from the easterly side yard lot linE.
and 1.6+ feet from the westerly side yard lot line. The
reconfiguration of the Lots in 1983 did not change the
non - conformities.
4. Applicant further represents that on September 1, 1983 the
lot lines of Lots 1 and 2 were altered by a predecessor in title and
a plan was filed in the Nantucket Registry of Deeds in Plan Book 22,
Page 55 showing the current configuration. This alteration of lot
lines caused the pre- existing frontage, front yard and side yard
setback non - conformities to lose their "grandfathered" status with
respect to zoning but did not cause a technical merger of Lots 1 and
2 because Lots 1 and 2 each arguably satisfy the definition of "Lot"
contained in Zoning By -Law §139 -2 which states:
two or more adjacent parcels in common ownership...
each of which has been lawfully improved with one
or more dwellings conforming to all applicable
zoning requirements, if any, at the time of
construction thereof, and each of which parcels was
in compliance with area and frontage requirements
applicable thereto at the time of such construction,
shall be considered to be separate lots for all
purposes under this By -Law, notwithstanding any
subsequently- effective amendment to this By -Law.
However, the frontage, front yard and side yard setback
non - conformities became enforceable zoning violations after
September 1, 1983 but are no longer enforceable because no
enforcement action was initiated by the Town of Nantucket within ten
(10) years of the creation of the violation as provided in the
curative statute, M.G.L., Chapter 40A, §7 and By -Law §139- 25(C)(3).
5. Therefore, the Board finds that the shape of Lots 1 and 2 an3
the location of the dwellings located thereon are unique to the Lots
and do not affect generally the zoning district in which they are
located and a literal enforcement of the provisions of this Zoning
By -Law would involve substantial hardship, financial or otherwise,
to the Applicant and the desirable relief may be granted without
substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of such By -Law.
6. Accordingly, the Board GRANTS the requested VARIANCE relief
under Zoning By -Law §139 -16A with four (4) in favor (Waine,
Williams, Leichter and Hourihan) and one (1) opposed (Angelastro),
to allow the reconfiguration of the interior lot line separating
Lots 1 and 2 so as to create two (2) separately marketable lots with
all of the non - conformities as set forth above, subject to the
following conditions:
(073 -94)
-3-
a. There shall be no further building on the Lots without
further relief from this Board;
b. There shall be only one (1) dwelling unit on each Lot;
and
C. The reconfiguration of Lots 1 and 2 shall be in
conformance with Exhibit "A" attached hereto, a surveyed plot plan
dated October 4, 1994 done by licensed surveyor Nantucket Surveyors,
Inc. and labeled "Proposed Lot 1" and Proposed Lot 2 ".
Dated: December /6 , 1994
Michael Angelastro
TOWN CLERK'S OFFICE
NAN- ruCKFT, MA 02_.55a
DEC 161994
MAL.
uLERK.
/(^4 A
FND. CB/DH
EASEMENT
CB/DH Dd.Bk.175,Pg.280
CB/DH FND.
1p CD
0 G5
Proposed
LOT 3
2 1 /2 STORY
WOOD FRAME/
56 Go
00 6 Go
DEED REF.: Dd.Bk.265,Pg.87
ASSESSORS MAP 42.3.2 PARCELS 85 & 142
NOTE: LOTS 3 AND 4 SHOWN HEREON
HAVE THE BENEFIT OF AN EASEMENT TO
WASHINGTON STREET RECORDED AT Dd.8k.l8lPg.271.
A Public Hearing
at 1:00 P.M., Friday,
Room, in the Town and
Massachusetts, on the
JULIE W. PARKER
Zoning Board of Appeals
South Beach Street
Nantucket, Mass. 02554
NOTICE
of the ZONING BOARD OF APPEALS will be held
November 4, 1994, the Selectmen's Meeting
County Building, Broad Street, Nantucket,
Application of:
Board of Appeals File No. 073 -94
Applicant is seeking relief by SPECIAL PERMIT under
Nantucket Zoning By -Law §139 -33A or in the alternative, a
VARIANCE under Nantucket Zoning By -Law §139 -16A to reconfigure
the interior lot line separating two (2) said to be pre- existing
nonconforming lots, held in common ownership so as to create two
(2) new separately marketable lots. Each lot contains a said to
be pre- existing nonconforming single family dwelling. Lot 1, 32
Union Street, is said to be nonconforming with respect to the
required 10 foot front yard setback, having a structure that is
sited 6.5± feet at its closest point from the front lot line.
Lot 2, 32A Union Street, is said to be nonconforming with respect
to the required 5 foot side yard set back having a structure that
is sited 2.0± feet at its closest point to the easterly side yard
lot line and 1.6± feet at its closest point to the westerly side
yard line, and is non - conforming as to frontage requirements as
the lot contains 28.3± feet in a zone that requires 50 feet.
The premises is located at 32 and 32A Union Street,
Assessor's Map 42.3.2, Parcels 142 and 085, as shown in Registry
Plan Book 22, Page 55, Lots 1 and 2. The property is zoned
Residential -1.
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 NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
Owner's names) JULIE W. PARKER
Mailing address: 253 Meadowbrook Road, Weston, MA 02193
Applicant's name: Same
Mailing address: Same
Date/l/l/,,��//,{'.�//�
CASE No Q- 1
Location of lot: Assessor's map and parcel number 4232_
Street address: 32 and 32A Union Street
0142 and 085
Registry baTr&-Ct- -Flan, Plan Bk & Pg or 22/55 Lot s 1 & 2
Date lot acquired: 1/_L2/ 86 Deed Ref 264 87 Zoning district R -1
Uses on lot - commercial: None x or MCD? No
- number of: dwellings 2 duplex_ apartments_ rental rooms_
Building date (s) all pre -8/72? Yes or
Building Permit appl'n. Nos.
Case Nos. all BoA applications, lawsuits:
_ C of 0 ?_
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 x if Variance, 139 -30A if a Special Permit _(,ay.Ld. 139 -33A
x if t6—alter or--extend 'a nonconforming use).'1f appeal per 139 -3JA
& B _ , attach decision or order appealed. OK to attach addendum .
Applicant seeks a Special Permit under Section 139 -33a, or, in the alternative,
R ECEi14 ED a Variance under Section 139 -32a, to reconfigure the interior lot line separating
(2) pre-existing, non - conforming lots in common-ownership so "as to'create two
TOWN CLERK'S O F FI 7 separate lots. Each lot includes a pre- existing non - conforming dwelling. �}
NANTUCKET;: MA 025 4
OCT 19;1994
TIME:
Items enclosed as part of this Application: orderl addendum2 x
CLERK: Locus map x Site plan x showing present x +plann -f x "structures
oor plans present proposed_ elevat of ns (HD— C.approved ?_)
Listings lot area x frontage x setbacks GUT parking data
Assessor- certifie3 addressee T st 4 sets x mailing label 2 setsx
1200 fee payable...to_. .Town of Nantucket • x proof • - -' cap' d6Vbnant
(If an appeal, ask Town Clerk to sen3 Bldg Comrrs record to BoA-.7-
I certify that the requested information submitted is substantially
complete and true, to t )ie best of my knowledge, under the, pains and
penalties of perjury. j
Julie W. Parker, By her rn
SIGNATURE: �ti /• z' nt Attorney /agt _
3(If not owner or owner's attorney, enclose proof of authority)
FOR Bo OFFICE USE
Application copies recd: 4_ or_ for BoA on /V/� by
One copy filed with Town Clerk on//�* by complete?
One copy each to Planning Bd and Building. Dept
$200 fee check given Town Treasurer on / 7�b //�����,�,,r1Lwaii)v�e�,d?
Hearing notice posted�� mailed�� I & M�2h' , &JL;7/2
y
Hearing (s) on_/__J_ cont' d to,_/_/_, �_/_ withdrawn ?___/__/
Decision due bye_/_ made_/_ filed TC�_/_ mailed__/__/_
See related cases lawsuits other
rab7.7�1�n1i151
Applicant owns two (2) contiguous, non - conforming lots. Each
lot includes a pre -1972 dwelling. Applicant seeks a Special Permit
or, in the alternative, a Variance to allow her to reconfigure the
interior lot line separating these two (2) properties so as to
create two (2) separate, marketable lots. The properties are
located at 32 and 32A Union Street and zoned Residential 1.
Each Lot was created by virtue of an ANR Plan dated August 22,
1983 and recorded in Plan Book 22, Page 55 at the Nantucket
Registry. Lot 1 (32 Union Street) has an area of 9,981± square feet
and a non - conforming, pre -1972 dwelling which has a front yard set
back from Union Street of approximately eight (8' ±) feet. A front
yard set back of ten (101) feet is required in this R -1 Zoning
District. Lot 2 (32A Union Street) includes approximately 5496±
square feet and the pre -1972 dwelling and shed on Lot 2 are non-
conforming as to side yard set back requirements. In addition, Lot
2 has non - conforming frontage of 28.28± feet on a Way; fifty (501)
feet of frontage is required in this R -1 Zoning District.
Applicant seeks relief to reconfigure the interior lot line
between Lots 1 and 2 so as to create a Lot on Union Street (Lot 3)
with an area of 5,549 ± square feet and a Lot on the Way (Lot 4)
with an area of 9,930± square feet. Each lot will include an
existing pre -1972 dwelling and there would be no increase in zoning
non - conformities.
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_ T 2 -89 3oA' Form: NAITIICXET Z KING 10A OF
'TORN'71M COUNTY BUILDING
= NANTUCKET, MA 02554
-= ASSESSOR = -8 LIST OP PARTIES IN INTEREST
PROPERTX-;.OWNER::
APPLICANT~ FOR RELIEF (SAME' ) -
ADDRESS-. OF - PROPERTY:
ASSESSOR'S MAP - PARCEL:
LIST .OF PARTIES "INCLUDING ADDRESSES *(OR SEE ATTACHED ):
. - • - '�', `, � 199 � `°
I Ce --that. the �orec oing (or the attached ) lists
all -persons:; ,natural or legal, who are owners of abutting
opposite on any public
propezty'r.:= owners - oF:' land' cUsectly pp
or private'street or way; and abutters of the abutters and
all Other`�:and owners within three as.thed hand there
property-line'.-Of Owners property, ey (a tax list
address) appear ;on'•the most recent applicable
Section 11 and Zoning Code Chapter 139,
P
Section- 139-29D.(,2) ] •
Date Asses or�S Town of ntucket
C>�R C-i-
*NOTE:.Appli.cant *(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.
b 08/30/94
TOWN
OF NANTUCKET
07:41:59
OWNER'S
MAILING ADDRESS LIST
Map Block
Lot
Owner's /Co- Owner's Name
Mailing Address /City State Zip
Property Location
4232
0138
CLIFFORD CLARK M & MARGERY K
9421 ROCKVILLE PIKE
0022
UNION ST
BETHESDA MD 20814
4232
0077
HALBERSTAM DAVID & JEAN
0027
W 67TH ST
0012
COFFIN ST
NEW YORK NY 10023
4232
0080
NOYES ROBERT K & GRACE T
0010
COFFIN ST
025R
WASHINGTON
ST
NANTUCKET MA 02554
4232
0081
NOYES GRACE TUTTLE & ROBERT K
0010
COFFIN ST
0027
WASHINGTON
ST
NANTUCKET MA 02554
4232
00822
CARUSO REGINA L
0016
PROSPECT ST
0029
WASHINGTON
ST
PO BOX 254
WOODSTOCK VT 05091
4232
00821
RAVANIKE REALTY GROUP
0030
BERKSHIRE RD
0033
WASHINGTON
ST
C/O ZISSI BARBARA
WINCHESTER MA 01890
4232
00823
BARRETT PETER J & CLARA H
0010
MARTINS LN
0031
WASHINGTON
ST
HINGHAM MA 02043
4232
0177
LONGENECKER PAUL & DAVID JAMES
0024
UNION ST
0024
UNION ST
PO BOX 1421
NANTUCKET MA 02554
4232
02021
CARROLL TOD TR
2620
S MARYLAND PARKWAY #403
024-
UNION ST
AAA LITERATURE CORP PROFIT
LAS VEGAS NV 89109
4232
0202
OLSON ROGER G & JENNIE RAY
31300
EMERY RD
0026
UNION ST
MORELAND HILLS OH 44022
4232
0178
FEIN SHERMAN E & MYRA N
224 LONGMEADOW
ST
033C
WASHINGTON
ST
LONGMEADOW MA 01106
4232
0179
VAN DE WATER VIVIAN
0028
UNION ST
0028
UNION ST
NANTUCKET MA 02554
4232
0201
LEVINS HELEN
0023
UNION ST
0023
UNION ST
NANTUCKET MA 02554
4232
0218
DIDRIKSEN PHILIP H JR & HELEN
0140
INDIAN HEAD RD
0025
UNION ST
RIVERSIDE CT 06878
4232
0203
BRIGGS CHRISTIAN
0027
UNION ST
0027
UNION ST
NANTUCKET MA 02554
x"4232
0204
* SUTRO PETER C & PORTER H TRSTS
2 GORHAMS
CT
0002
GORHAMS CT
SUTRO FAMILY REALTY TRUST
NANTUCKET MA 02554
4232
0220
* SUTRO PETER C & PORTER H TRSTS
2 GORHAMS
CT
0004
GORHAMS CT
NANTUCKET MA 02554
4232
0180
*BEAULIEU VIRGINIA L
0551
LONGMEADOW ST
0029
UNION ST
LONGMEADOW MA 01106
4232
0205
OCALLAGHAN HAROLD A JR & WENDY
0032
MT HOLLY RD
0001
GORHAMS CT
KATONAH NY 10536
4232
0206
BROOKS MARIE L
0389
LAKE DR
0040
ORANGE ST
PALM BEACH FL 33480
4232
0145
*HUMPHREY MARY C TRUSTEE
520 ASH ST
0031
UNION ST
HUMPHREY NANTUCKET TRUST
WINNETKA IL 60093
4232
0152
REINER PETER C & WOODS JULIE R
0207
WENDOVER RD
0044
ORANGE ST
TRS 44 ORANGE ST NOMINEE
TRUST
BALTIMORE MD 21218
4232
0151
REINER PETER C TR
0207
WENDOVER RD
0046
ORANGE ST
C/O WOODS JULIE REINER
BALTIMORE MD 21218
4232
0150
MILLS SHIRLEY B
CHERRY LN BOX 300
0003
CASHS CT
C/O STOCKMAN SHIRLEY B
MENDHAM NJ 07945
4232
0146
*CONGER MICHAEL W & CAROL R
LEES
HILL RD
0033
UNION ST
BX 555
NEW VERNON NJ 07976
4232
0147
VAN ORDEN PAUL WILLIAMS
0005
THOMAS RD
0035
UNION ST
WESTPORT CT 06880
PAGE 1
MUAS750 8.1
08/30/94
TOWN OF NANTUCKET
PAGE 2
07.41.59
OWNER'S MAILING ADDRESS LIST
MUAS750 8.1
Map Block
Lot
Owner's /Co-Owner's Name
Mailing Address /City State
Zip
Property Location .
4232
0148
SANFORD EDWARD J TR
0003 MILL STREET
0037 UNION ST
37 UNION ST REALTY TRUST
NANTUCKET MA 02554
4232
0092
ARON JON & LESLIE LINSLEY
0039 UNION ST
0039 UNION ST
NANTUCKET MA 02554
4232
0093
HENSLER ARTHUR C JR & JULIE A
0020 HOLLY AVENUE
0003 FLORA ST
TRS SIMPLICITY REALTY TRUST CAMBRIDGE MA 02138
4232
0094
* HANSLER ARTHUR C JR & JULIE A
0003 FLORA ST
!4232
0095
HENSLER ARTHUR C JR & JULIE A
0020 HOLLY AVE
0003 FLORA ST
TRS SIMPLICITY REALTY TRUST CAMBRIDGE MA 02138
4232
0096
MILLS SHIRLEY B
POST HOUSE ROAD
0006 CASHS CT
C/O STOCKMAN JOHN C MD
MORRISTOWN NJ 07960
4232
0097
LETHBRIDGE FRANCIS D & MARY C
48 ORANGE ST
0048 ORANGE ST
NANTUCKET MA 02554
4232
00891
BYRNES EDWARD J TR
C/0 96 COUNTRY CLUB WAY
040A UNION ST
WPOA NOMINEE TRUST
IPSWICH MA 01938
4232
00892
*BIERLY L E JR &
0300 BOYLSTON ST
040C UNION ST
DRAKE CHRISTOPHER P
BOSTON MA 02116
4232
00893
*FRONK JANET K
110 ASH ST
040D UNION ST
WESTON MA 02193
—'4232
00894
BYRNES EDWARD J TR
C/0 96 COUNTRY CLUB WAY
040B UNION ST
WPOA NOMINEE TRUST
IPSWICH MA 01938
4232
0088
LEECH RICHARD E JR & LAURIE H
0005 HIGHLAND AV
0038 UNION ST
BINGHAMTON NY 13905
4232
0087
BERTOLAMI MARGARET P
0069 SUMMER ST
036- UNION ST
COHASSET MA 02025
""4232
0088
LEECH RICHARD E JR & LAURIE H
0005 HIGHLAND AV
0038 UNION ST
BINGHAMTON NY 13905
- -°4232
0087
BERTOLAMI MARGARET P
0069 SUMMER ST
036- UNION ST
COHASSET MA 02025
4232
0144
MCCLURE FREDERICK P & MARGARET
1500 FLEET CNTR
0036 UNION ST
PROVIDENCE RI
02903
4232
0086
COYNE SUSAN W
0091 STEPHEN MATHER RD
0034 UNION ST
DARIEN CT 06820
4232
0026
*TOWN OF NANTUCKET
033B WASHINGTON
ST
4232
0141
*PARKER JULIA W
253 MEADOWBROOK
030R UNION ST
WESTON MA 02193
4232
0024
LORING LINDA
PO BOX 1359
0035 WASHINGTON
ST
NANTUCKET MA
02554
4232
0025
LORING LINDA
PO BOX 1359
035R WASHINGTON
ST
NANTUCKET MA
02554
4232
0084
*TOWN OF NANTUCKET
0037 WASHINGTON
ST
4232
0028
LEWIS RICHARD E
PO BOX 301
0042 UNION ST
NANTUCKET MA 02554
4232
0221
NANTUCKET FOUR CHIMNEYS INC
0038 ORANGE ST
0038 ORANGE ST
NANTUCKET MA
02554
4232
0219
REINER ANNE H FKA STEEL
LOWER FROYLE ALTON
0036 ORANGE ST
ROCK HOUSE FARM
HAMPSHIRE ENGLD LD
4232
0217
SZIKLAS JOHN J & EDWARD A
0007 DRUMLIN RD
0034 ORANGE ST
W SIMSBURY CT
06092