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Home My WebLink About002-96 . 00Z -- Co exxo-ruCM.E1, TOWN OF NANTUCKET ° ' - = N� BOARD OF APPEALS \.,,,..,04,0RA NANTUCKET, MASSACHUSETTS 02554 February 14, 1996 To: Parties in interest and others concerned with the Decision of the Board of Appeals in Application No . : 002 _ 96 of : C . MARSHALL BEALE AND JOHN S . BEALE, JR . Enclosed is the Decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk . This Decision provides a Clarification (not a Modification) or authorizes a Temporary Permit under Zoning By-Law Section 139-26H with no twenty ( 20) day appeal period required. r r Chairman MJ6h C'ael J. O 'Mara , cc: Town Clerk Planning Board Building Commissioner HEADE & ALGER. PROFESSIONAL CORPORATION SIX YOUNG'S WAY ARTHUR I. READE, JR. NANTUCKET, MASSACHUSETTS 02554 SARAH F. ALGER (508) 228-3128 FAX: (508) 228-5330 MAILING ADDRESS KENNETH A. GULLICKSEN POST OFFICE 130N 2009 MARIANNE HANLEY NANTUCKET,MASS 02584 PATRICIA A. HALSTED WHITNEY A. GIFFORD February 5, 1996 Michael J. O' Mara, Chair Nantucket Zoning Board of Appeals Town Building Annex 37 Washington Street Nantucket, Massachusetts 02554 Re : C. Marshall Beale and John S . Beale, Jr. , Applicants Case No. 002-96 207 Polpis Road Assessor' s Map 25 , Parcels 2 and 35 Lots 12 and 13 , Land Court Plan No . 10192-I Nantucket , Massachusetts Dear Mr. O'Mara : We have just become aware of a typographical error in the decision in the above matter. In the second complete sentence on page 2 of the decision, the minimum lot area required in a Limited Use General-3 zoning district is incorrectly stated as being 200 , 000 square feet . ThE. actual requirement is 120, 000 square feet . The sentence should correctly read as follows : The Abutter' s Land is nonconforming as to lot area, having only about 66 , 416 square feet of land area, where 120 , 000 square feet are required. Thank you for your attention to this matter. Sincere/iy, RECEIVED �,/ TOWN CLERK'S OFFICE S FA/ ��A �i2��'4 NANTUGK. T• The typographical error in the FEB 141996 decision in the above matter is ) `- ►5/ �, hereby corrected as set forth above TIME: on February / , 1996 . .,u, CLERK: hael J. O'Mara, Chair Nantucket Zoning Board of Appeals f:\wp\beale\boa00296.1tr 0,147UCkFr TOWN OF NANTUCKET � s 3 t v 0 �z % BOARD OF APPEALS O9pOAka NANTUCKET, MASSACHUSETTS 02554 mom Date : January 3 / , 1996 To : Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following : Application No . : 002-96 Owner/Applicant : C. MARSHALL BEALE AND JOHN S . BEALE, JR. 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 . V LI Michael J. ' ra, Chairman cc : Town Clerk Planning Board Building Commissioner .PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING. TO NANTUCKET ZONING BY-LAW '§139-30I ( SPECIAL PERMITS) ; § 139-32I (VARIANCES ) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEAL: . NANTUCKET ZONING BOARD OF APPEALS South Beach Street Nantucket, Massachusetts 02554 Assessor' s Map 25, Parcels 2 and 35 Lots 12 and 13 , Land Certificate of Title No . 15, 355 Court Plan 10192-I Limited Use General-3 278 Polpis Road DECISION: 1 . At a public hearing of the Nantucket Zoning Board of Appeals, held on Friday, January 5, 1996, at 1 : 00 P.M. , in the Selectmen' s Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, the Board made the following decision on the application of C. MARSHALL BEALE and JOHN S . BEALE, JR. , c/o Reade & Alger Professional Corporation, Six Young' s Way, Post Office Box 2669, Nantucket, Massachusetts 02584 , File No. 002-96 : 2 . Applicants are seeking relief by VARIANCE pursuant to Nantucket Zoning By-law §139-32 from the requirements of By-law §139-16 .A and D. Applicants propose to reconfigure the lot lines of the Locus by an exchange of land with an abutter, and possible conveyance of additional land to another abutter, notwithstanding the fact that the reconfigured boundaries of the Locus will not be in conformity with frontage and regularity factor requirements of the By-law. The abutter' s property will become conforming in every respect as a result of the exchange of land. The Locus now has frontage of 65 . 06 feet, which will be increased to 115 . 06 feet; 200 feet are required in this district . Regularity factor under By-law §139-16 .D is now 0 . 327; the exchange would result in a regularity factor of 0 . 352 , and the possible conveyance of additional land to another abutter would increase the regularity factor to 0 . 508 . The required minimum regularity factor is 0 . 55 . The subject property (the "Locus" ) is located at 278 POLPIS ROAD, Assessor' s Map 25, Parcels 2 and 35, and is shown as Lots 12 and 13 on Land Court Plan 10192-I . The Locus is zoned LIMITED USE GENERAL-3 . 3 . Our decision is based upon the application and accompanying materials and representations and testimony received at our public hearing. The Nantucket Planning Board made no recommendation. There was no opposition to the application at the public hearing. An attorney, representing an abutter, was present and spoke in favor of the application. Several other interested abutters were also present . 4 . As stated by Applicants at the public hearing, they own the Locus, which is now shown as Lots 12 and 13 on Land Court Plan No. 10192-I, and which is improved by a single-family dwelling and boat house . The Locus is nonconforming as to frontage having only about 65 . 06 feet of frontage, where 200 feet is required, and as to regularity, having a regularity factor of only about 0 . 327, where a minimum regularity factor of 0 . 55 is required. The abutter owns the land, which is now shown as Lot A on plan recorded with Nantucket Deeds in Plan Book 7, Page 11, and which is improved by a single-family dwelling and garage (the "Abutter' s Land" ) . The Abutter' s Land is nonconforming as to lot area, having only about 66, 416 square feet of land area, where 200 , 000 square feet are required. The Locus and the Abutter' s Land are pre-existing nonconforming lots having been held in ownership separate from each other and all other adjacent land since a time prior to the July 1972 effective date of the By-law. Applicants propose to subdivide the Locus into Lots 13 , 14 , 15, and 16 as shown on the Concept Plan, drawn by Nantucket Surveyors Inc . , dated December 4 , 1995, a reduced copy of which is attached hereto as Exhibit A (the "Concept Plan" ) . The abutter proposes to subdivide the Abutter' s Land into Lots B and C, as shown on the Concept Plan. Applicants then propose to convey Lots 13 and 14 to the abutter, and the abutter proposes to simultaneously convey Lot C to Applicants . Following this exchange, the Locus, as so reconfigured, will still be improved by a single-family dwelling and a boat house and will consist of Lots 15, 16 , and C on the Concept Plan (the "Reconfigured Locus" ) . The Abutter' s Land, as so reconfigured, will still be improved by a single- family dwelling and garage and will consist of Lots 13 , 14 , and B on the Concept Plan (the "Reconfigured Abutter' s Land" ) . As a result of the exchange, the Reconfigured Locus will be less nonconforming in that it will have frontage of about 115 . 06 feet and a regularity factor of 0 . 352, and the Reconfigured Abutter' s Land will conforming in all respects . Applicants also want the ability to convey Lot 16 to the owner, at the time of such conveyance, of the abutting land shown as Assessor' s Map 25, Parcel 31, but do not want to be required to do so. As a result of this possible future conveyance of Lot 16 , the Reconfigured Locus would become even less nonconforming, then having a regularity factor of 0 . 508 . At the public hearing, Applicants represented that the purpose of the exchange is to decrease the nonconforming nature of the Locus and to bring the Abutter' s Land into conformity. Applicants have no present intention of further subdividing the Reconfigured Locus . Applicants understand that the Nantucket Building Commissioner currently takes the position that, without the requested relief, the Reconfigured Locus would not have the benefit of grandfathered status, because By-law §139-16 .A expressly provides that no lot shall be changed in size, shape, boundaries, or frontage unless in conformity with the requirements set forth therein. Although Applicants contend that the Building Commissioner is misreading the By-law, which should always be read to favor and encourage the reconfiguration of nonconforming parcels to the extent necessary or possible to eliminate or reduce nonconformities, Applicants nevertheless request a variance from By-law §139-16 .A, to validate the Reconfigured Locus, both before and after the proposed future conveyance of Lot 16, as a valid, separately marketable, buildable lot, which may be further improved and used as a matter of right, with no further action of this Board being either necessary or required, subject to all other provisions of the By- law. 2 5 . Finding that the provision in By-law §139-16 .A, which. appears to effectively prohibit reconfiguration of nonconforming lots unless they are made completely conforming, appears harsh as applied to the present case where the Locus is being made less nonconforming and the Abutter' s Land is being brought totally into conformity by Applicants' action, the Board voted, by UNANIMOUS vote, to grant VARIANCE relief from By-law §139-16 .A to Applicants, validating the Reconfigured Locus as a valid, separately marketable, buildable lot, which may be further improved and used as a matter of right, with no further action of this Board being either necessary or required, subject to all other provisions of the By-law, both before and after the proposed future conveyance of Lot 16 (which is, on its own, an unbuildable lot which may be combined with other land of an abutter) . The Board further found that owing to the shape (the Locus has a long, narrow dogleg) , soil (the Locus contains areas of wetland) , and topography (the Locus is sloping and uneven) of the Locus, especially affecting the Locus but not affecting generally the zoning district in which the Locus is situated, a literal enforcement of the provisions of the By-law would involve substantial hardship to Applicants (in that Applicants should be able to exchange land with an abutter to reduce the zoning nonconformities of the Locus and eliminate the zoning nonconformity of the abutter' s land and to convey Lot 16 to another abutter to further reduce the zoning nonconformities of the Locus) , and that the desired relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By- law (in that the effect of validating the Reconfigured Locus , both before and after the possible future conveyance of Lot 16 , is actually a benefit to the public good, because zoning nonconformities are thereby reduced or eliminated) . This relief is granted upon the express condition that Applicants may only convey Lot 16 to then owner of the land shown as Assessor' s Map 25, Parcel 31 . Dated: January 3 / , 1996 0 AktAik Mich 'Mara / ► _. �' �>•r?,� - ,r-F1C;e_: Linda F. Williams i1 z\F� � It/' r'4 JAN 31 199 7p. :a as Robert . Leicht-r _Gui l t'a m /'• Hour/ban, Jr. f:\wp\beale\boaoo296.dec 3 . EXH_IBIT A LOT16 ........... ♦ I 2L053.s6 F<. POLPIS HARBOR - ,,.01 warn 4MA �- _�,p E GREEK o utcs acs V' M, 100.00 Ate 1 ..0 ,.R. 2.,,,''' / Reduced.0015 YAP SCALE:1'-.,000' L uc.11 N 20MiNG GLASSMATON �. f 0150RGT:LUG 3-W1ED USE 000.3 I. 4.41401 LOT SIZE-120000 54 FL 4wi4W FRONTAGE-200 FL I" - FRONT &DDE SCRAP(5016A0<-120 FL :2 WAX.GRO050 CANER RAM-Sr a. v. 1 LOT 15 e RUM.so-, 1. A. t MKS p:t ,NCO 4A i M I '4y} LOT 13 S. r ace � U( _, RN � Et... *' N'o. ,A,S 1 \\ a:a A. 251221 sy4Fa / TT' Fla,. VCR h 0 .141.\ ,1 NGf pl.4 '4/ csa N a My� k ? 4 � M N {4/ it T.} ! « - 4 N. d¢ A •• +v + l@ N RE �y. 1 , J... ‘V ...1 s 01. V �Ra r LOT B \W 4F l 62,360.sq.Ft i.l w ,:=L� 6 u.. \ •4 LOT C 4 4,6x sq.n FASTING CONDITIONS: 5 6161,'''4 LOT A 276 POLPIS RD. LOT 12 & 13 278 POLPIS RD. AREA: 66,415 S.F. AREA: 24 ± ACRES (1,050,000+ S.F.) B RO FRONTAGE: 250.64' FRONTAGE: 65.06' G.C.R.: 5.6% G.C.R.: 0.16% REGULARITY: 0.94 REGULARITY: 0.33 PROPOSED CONDITIONS: CONCEPT PLAN LOTS B &13 & 14 LOTS C &15 & 16 FOR AREA: 261.013 S.F. AREA: 19.67 ACRES (857,000± S.F.) • REDIVISION OF LANDS OF FRONTAGE: 200.64' FRONTAGE: 115.06' 1N� OF M G.C.R.: 1.43% G.C.R.: 0.19% RA� .44 REGULARITY: 0.63 REGULARITY: 0.36 ° RICHARD y A: ESTATE OF JOHN S. BEALE (BASED ON 120,000 S.F.) K. B: C. MARSHALL BEALE & EARLS ^; JOHN S. BEALE, JR. REFERENCES: T, No 29476 .pe DEED REF.: BK. 114 PG. 366 �^`',. -`__ . C DEED REF.: CERT.#15,355 ;'";IANJ DECEMBER 4, 1995 PLAN REF.: PL.BK. 7 PG. 11 PLAN REF.: L.C.PL.#10192-I PENDING NANTUCKET SURVEYORS INC. ASSESSORS MAP 25 PARCELS 2, 31, & 35 GRAPHIC SCALE 1"-200• 5 WINDY WAY NANTUCKET, MA. 02554 (505)-228-0240 a\.loss\CAW\N4666\TRIG 0 200 400 600 800 N-4686 oxruckr. TOWN OF NANTUCKET BOARD OF APPEALS b �4woRmil" NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P .M. , FRIDAY, JANUARY 5 , 1996, in the Selectmen ' s Meeting Room, Town and County Building, Broad Street , Nantucket, Massachusetts , on the Application of the following : C. MARSHALL BEALE AND JOHN S . BEALE , JR. BOARD OF APPEALS FILE NO . 002-96 Applicants are seeking relief by VARIANCE pursuant to Nantucket Zoning By-Law § 139-32 from the requirements of Zoning By-Law §139-16A and D. Applicants propose to reconfigure the lot lines of the Locus by an exchange of land with an abutter , and possible conveyance of additional land to another abutter , notwithstanding the fact that the reconfigured boundaries of the Locus will not be in conformity with frontage and regularity factor requirements of the By-Law. The abutter ' s property will become conforming in every respect as a result of the exchange of land . The Locus now has frontage of 65 . 06 feet, which will be increased to 115 . 06 feet; 200 feet are required in this district . Regularity factor under By-Law § 139-16D is now 0 . 327 ; the exchange would result in a regularity factor of 0 . 352 , and the possible conveyance of additional land to another abutter would increase the regularity factor to 0 . 508 . The required minimum regularity factor is 0 . 55 . The premises ( the "Locus" ) is located at 278 POLPIS ROAD, Assessor ' s Map 25 , Parcels 2 and 35 , and is shown as Lots 12 and 13 on Land Court Plan 10192-I . The property is zoned Limited Use General-III . ' 1 0 (Manilk_ Michael J. 0 ' Ora , 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 Date / NANTUCKET, MA 02554 pp�� C/ . CASE No.WC�( • • APPLICATION FOR RELIEF • Owner s name(s) : C. Marshall Beale and John S. Beale, Jr. c/o Reade & Alger Professional Corporation • • Mailing address: 6 Young's Way, Post Office Box 2669, Nantucket., Massachusetts .02584 Applicant's name: Same Mailing address: • • • • Location of lot:• Asse'ssor's map and parcel• number 25 - 2 and 35 Street address: 278 Polpis Road • Feg try Land Ct Plan, Plan Bk & '2g or Plan File 10192-I Lot12 and 13 Cert. Date lot acquired: 30 92 9 _/ _/ Doo ooci RRot 15 355 Zoning district LUG-3 uired: 6 Uses on lot - commercial: None X or • • • MCD? - number of: dwellings 1. duplex__ apartments rental rooms__ Building date(s) : all pre-8/72? YeS or . C of O? Building Permit appl'n. Nos, . • Case Nos. all BoA applications, lawsuits: 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 •(and 139-33A if to alter or extend a nonco forming use) . If appeal per 1'39-3]1A �-B ^ , attach decision or order appealed. OK to attach addendum The Applicants, request a variance from Liantucket Zoning By-law, Section 16.A and D, in order to enable them to reconfigure the boundary lines of the Locus by an exchange of land.with an abutter, and possible conveyance of additional land to another abutter, notwithstanding the fact that the reconfigured boundaries of the Locus will not be in conformity with frontage and regularity'factor requirements of the by-law. The abutter's property will become conforming in every respect as a result of tie exchange of land. The Locus now has frontage of .65.06 feet, which will be increased to 115.06 feet; 200 feet are required in this district. Regularity factor under By-law. Section 16D is now 0.327; the exchange would result in a regularity factor of 0,352, and a possible conveyance of additional land to another abutter would increase r t factor to 0. red-minimum LegulaL ty factor i3 0.55. I s 'clfr0�se1 as part of this Application: order addendum2 Locus map X Site plan ' showing present .+planned structures Floor plans present proposed elevates _- L+ p (HOC approved?_) -- Listings lot area x frontage Ketbacks. GCR parking data n_ Assessor-certified addressee list 4 sets.g rnaA.lT g labels 2 sets u $200 fee payable to Town. of Nantucket proof 'cap' covenant 7, ' -' - (If an appeal, ask Town'Clerk to sea Bldg Comr s, record to BoAT -° -' rm I certify that the. requested informatiorj? submitted is substantially :� complete 'and true' to the. best of my knowledge,' under the pains and , _,, penalties of per y. SIGNATURE: - ��( Applicant Attorney/agent X rt, 3 (If not owner or owner's attorney, enclose proof of, authority) 'i . FOR A OFFICE USE Application copies recd: 4 V or for BoAren I One copy filed with Town Clerk on j i by /�J`4 �dmplete?// One copy each to Planning Bd and Building Dept ►/ .y (p.613 $200 fee check given (Tlo'wn Tre/sssurer on , 6,i by ,�/ waived? •Hearing notice pdste•d1.1/ ji) mailed , I & M�/_,_./ J/hCgP Hearing(s) on_/_/ Tcont'd to'/_,/^, '__/`/_ withdrawn?__/__/^ Decision due by_/__/ made_/__/ filed TC^/_/_ mailed_/_/ See related cases lawsuits ' other 1 `V.‘ 32 AC i • ■ POLPI S ,. o ta AC. \ 2 AC. � T �,\�' I i QJ I -—- 2.4 AC. �1 • 4 1>5 `r. 111�� t ROPE "24 Ir 20.1 AC. 4' j ,� `' 50 <9 N. / A I I 281 ac 276 ac 48 274 j"--. , 276ac 47 2.76 ac /, Ilk $ . .,( // 1 0 AC. . k/ 3.2 AC. // • / aAc• \III 2* 29./ 11 os IA AC. II + - I 2011110M of TYCIQT 7 } � `' _ tl .C. \\ 2$1 u \S 3.s re A4 I1 ,t v0\''? 1 7z • It . t.0 AC. ' f r• + 9 ± ..., M 0.0 AC. t`.4 Lt AC. 7^ li F T. LO AC. a it - 11.0 AC. 2x o . tip _ \ • 9 O \ - O 81 ± + I i E7$ N-4 7.0 AC. •1-2 I I I IONS 1 LEGEND I _.!_, OAtE fAACEI __ ____ ._ _ _ _ rilhil r111,..1.1. .1 1111 t III t