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HomeMy WebLinkAbout017-96 00UCM TOWN OF NANTUCKET .. �vN - BOARD OF APPEALS • 04PORA119. NANTUCKET, MASSACHUSETTS 02554 Date : March 27 , 19 96 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 017-96 Owner/Applicant : STEPHEN R. ROSS, TRUSTEE, JAR REALTY TRUST 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 . /! /1./ 40111.A.4/"--- Linda F. Williams, Chairman (Acting) cc : Town Clerk Planning Board Building Commissioner NTot��, UCM�,� TOWN OF NANTUCKET BOARD OF APPEALS _ A� RP 04PORA1E9 w NANTUCKET, MASSACHUSETTS 02554 Assessor ' s Map 55 . 4 . 1 10 East Dover Street Parcel 24 Plan Bk. 9, Pg . 27 (portion ) Residential Old Historic Deed Ref . 247 , Page 43 Assessor ' s Map 55 . 1 .4 8 East Dover Street (portion) Parcel 27 Deed Ref . 247 , Page 36 Residential Old Historic At a Public Hearing of the Nantucket Zoning Board of Appeals , held at 1 : 00 P.M. , Friday, March 8, 1996, in the Selectmen' s Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts , on the Application of STEPHEN R. ROSS, TRUSTEE, JAR REALTY TRUST, of P.O. Box 2004, East Dennis, MA 02641 , Board of Appeals File No. 017-96, the Board made the following Decision: 1 . Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning By-Law §139-16A ( Intensity Regulations - minimum lot size) to validate a lot as it has been reconfigured and that contains a said to be pre-existing non-conforming single-family dwelling and garage structure . The Locus is non-conforming as to minimum lot size, having 2 , 864+ square feet of area in a district that requires a minimum lot size of 5 , 000 square feet; as to frontage, having 44+ feet of frontage along East Dover Street in a district that requires a minimum frontage of 50 feet; as to ground cover , having a ground cover ratio of 43+% in a district that requires a maximum ground cover ratio of 30% for undersized lots; and as to setbacks, with the main structure on the Lot being sited closer to the westerly side yard lot line than five ( 5 ) feet at its closest point and with the garage structure being sited at zero feet from the easterly side yard lot line in a district that requires a five ( 5) foot side and rear yard setback. The garage structure extends across the easterly lot line and encroaches upon the abutting lot by approximately one ( 1 ) foot . A portion of the abutting lot, identified as 8 East Dover Street, Assessor ' s Map 55 .4 . 1 , Parcel 27, was conveyed in April of 1986 by deed to a predecessor in title of the subject property, in which all rights were relinquished to that portion of land underlying the portion of the garage structure that intruded onto the abutting lot. Applicant now seeks to validate the subject lot as reconfigured as a separately marketable and buildable lot, enclosing the garage entirely within Applicant ' s lot lines while continuing to maintain a zero-foot side yard setback. The premises is located at 10 EAST DOVER STREET, Assessor ' s Map 55 .4 . 1 , Parcel 24, Plan Book 9, Page 27 (portion) , Deed Reference 247 , Page 43 , and a portion of 8 East Dover Street, Assessor ' s Map 55 . 1 .4, Parcel 27, as shown at Deed Reference 247 , Page 36 at the Nantucket Registry of Deeds . The property is zoned Residential Old Historic. 2 . The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the Hearing . There were to letters in favor or opposed to the Application . The Planning Board made no recommendation. 3 . Applicant ' s lot contains a single-family dwelling unit and a garage structure that pre-date the enactment of the Zoning By-Law in 1972 and thus are validly grandfathered structures . The garage structure encroaches upon and extends across the easterly lot line for a distance of approximately one ( 1 ) foot . This encroachment was discovered during a transfer of title by the previous owner to the current owner (the "Applicant" ) in 1986 . The owners of the abutting lot, 8 East Dover Street, attempted to rectify the situation by conveying by deed, that portion of their parcel which was located under the garage as it encroached upon their property, to the then owners of the subject property, the predecessor in title to the Applicant . All rights , title and interest in the land under the garage were relinquished by the owners of 8 East Dover Street . Subsequent to that conveyance by deed, the then owner of the subject lot sold 10 East Dover Street, including that portion of land under the garage to the Applicant . The matter came to light again during an attempted conveyance of this property to ,a new owner(s) in 1995 . Since the effective date of the Subdivision Control Law, it is a matter of law that a new lot can not be created through conveyance by deed and further requires that a plan be endorsed pursuant to M.G.L. c . 41 , §81-P showing the new lot lines . As both the subject lot and the abutting lot to the east are validly grandfathered lots , any change in the lot lines of a grandfathered lot under Nantucket Zoning By-Law §139-16A would cause the lot to loose said grandfathering and no longer be in compliance. Further, any alterations or extensions of any non-conformities would necessitate relief by a grant of a Variance . 4 . Applicant proposes to exchange an equal portion of his lot for an equal portion of the abutting lot (the area under the garage) in order to enclose the garage structure entirely within the subject lot . The lot area , ground cover and frontage of each lot will remain essentially unchanged. The zero setback distance of the garage structure from the easterly side yard lot line shall be maintained . 5. The Board finds that the intrusion of the garage into the abutting lot to the east is diminimous in nature and that the sitinc of the garage is unique to this lot and said intrusion has existed since a time before the enactment of 1972 Zoning. The Board further finds that owing to circumstances relating to the soil conditions , shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, 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 the By-Law. 6. Accordingly, by a vote of four (4) in favor (Williams, Sevrens , Hourihan and Angelastro) to one ( 1 ) opposed (Balas ) the Board GRANTS the requested VARIANCE under Nantucket Zoning By-Law §139-16A to validate the lot as reconfigured and shown on a sketch plan drawn by Charles W. Hart Associates , Inc. , attached hereto and marked as Exhibit "A" subject to the following condition : The lot shall be afforded all the rights of a lot that is validly grandfathered subject to the terms of Nantucket Zoning By-Law §139-33 as may be amended from time to time . Date : March 1 , 1996 , c'' ' Lk. &----- ---- (ti ,(A atj--- Linda F . Willi-ms \1 V . Y`A-1 f �Cf'� Na. y Se,/ n li/Li A ■ ichael Angela o AR t , 0 William Hourihan Ann Balas RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 MAR 2 7 1996 TIME: 3 = Go f CLERK:----Al2__-- ,.S .LO oz0 S _CO.�9 -- -r.o -t1 I a `a R_4-0 N . . __� _� ' --f. • :) . :-.) ._ L� 4: a) n Cl ,.\ 1 0 I r^ ti _1 ti Y� £9Z Z-C Cl ›(.7 ,7- i \`y CO r, `( 0 - "L9 -C9 /fit . 2C' . 7)�' ?, C, a - `1 � � :� � M t�Wa ``\1 � l 0 -s" j ,,` cr' -;--- - q '..`\` C° ,t . - _ 9 g T O �L9cc,• i -_ c9•B/ - t-g—moo Q4>Q4>k 7 lr) • ■, '‹ . FL N. kZ oOVCz Lq N 0 q r------ N. 0 CO ti kt i f, y `' O O 0 • F rip r . • ' CD 4-L"09 _________ O S'8•0 KTh ta TOWN OF NANTUCKET • BOARD OF APPEALS 4 poaATE9' NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P.M. , FRIDAY, MARCH 8 , 1996 , in the Selectmen ' s Meeting Room, Town and County Building, Broad Street , Nantucket, Massachusetts , on the Application of the following: STEPHEN R. ROSS, TRUSTEE, JAR REALTY TRUST BOARD OF APPEALS FILE NO . 017-96 Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning By-Law §139-32 from the requirements of Zoning By-Law §139-16A ( Intensity Regulations - minimum lot size) to validate a lot as it has been reconfigured and that contains a said to be pre-existing non-conforming single-family dwelling and garage structure . The Locus is non-conforming as to minimum lot size, having 2 , 864+ square feet of area in a district that requires a minimum lot size of 5 , 000 square feet; as to frontage, having 44+ feet of frontage along East Dover Street in a district that requires a minimum frontage of 50 feet; as to ground cover , having a ground cover ratio of 43+% in a district that requires a maximum ground cover ratio of 30% for undersized lots; and as to setbacks , with the main structure on the Lot being sited closer to the westerly side yard lot line than five ( 5 ) feet at its closest point and with the garage structure being sited at zero feet from the easterly side yard lot line in a district that requires a five ( 5 ) foot side and rear yard setback. The garage structure extends across the easterly lot line and encroaches upon the abutting lot by approximately one ( 1 ) foot . A portion of the abutting lot , identified as 8 East Dover Street , Assessor ' s Map 55 . 1 .4 , Parcel 27 , was conveyed in April of 1986 by deed to a predecessor in title of the subject property, in which all rights were relinquished to that portion of land underlying the portion of the garage structure that intruded onto the abutting lot . Applicant now seeks to validate the subject lot as reconfigured as a separately marketable and buildable lot , enclosing the garage entirely within Applicant ' s lot lines while continuing to maintain a zero-foot side yard setback . The premises is located at 10 EAST DOVER STREET, Assessor ' s Map 55 . 4 . 1 , Parcel 24 , Plan Book 9 , Page 27 ( portion) , Deed Reference 247 , Page 43 , and a portion of 8 EAST DOVER STREET, Assessor ' s Map 55 . 1 . 4 , Parcel 27 , as shown at Deed Reference 247 , Page 36 at the Nantucket Registry of Deeds . The property is zoned Residential-Old-Historic . 0/4_4(//tA__ Michael J . O 'Ma a , Chairman 02/05/96 TOWN OF NANTUCKET PAGE 4 09:47:52 OWNER'S MAILING ADDRESS LIST MUAS750 8.3 Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 5514 0083 BRODERICK DAVID M 4856 KIPLING DR 0006 COON ST CARMICHAEL CA 95608 5514 0053 AUSTIN RICHARD TR 0082 ORANGE ST 0008 COON ST AUSTIN NANCY TR NANTUCKET MA 02554 5514 0022 AUSTIN RICHARD TR 0082 ORANGE ST 0084 ORANGE ST AUSTIN NANCY TR NANTUCKET MA 02554 5514 0066 NETTLES JAMES & MARGRETTA 0064 UNION ST 0064 UNION ST NANTUCKET MA 02554 5514 0064 ANDREWS VIRGINIA F ETAL 0001 E YORK ST 0058 UNION ST C/O ANDREWS BARBARA P NANTUCKET MA 02554 5514 0033 MCGRADY KATHLEEN M 0056 UNION ST 0056 UNION ST NANTUCKET MA 02554 5514 0032 *MCCARTHY BRIAN TR 3 WELLINGTON TERRACE 0054 UNION ST MCCARTHY NOMINEE TRUST BROOKLINE MA 02146 5514 0003 *AVERY MARK S & STOVER EMILY L 52 UNION ST 0052 UNION ST NANTUCKET MA 02554 5514 0002 SORGI PETER TR 0050 STANIFORD ST 0050 UNION ST C/O SULLIVAN SORGI BOSTON MA 02114 5514 0102 WIGGINS DAVID B & ANNE L RFD #2 BOX 420 0005 YORK ST TILTON NH 03276 NUMBER OF RECORDS = 88 02/05/96 TOWN OF NANTUCKET PAGE 3 , 09:47:52 OWNER'S MAILING ADDRESS LIST MUAS750 8.3 Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 5514 0060 *DUPONT WAYNE H & PATRICIA C 96 COUNTRY CLUB WAY 0005 EAST DOVER ST IPSWICH MA 01938 5514 0063 MCGRADY KATHLEEN M 0056 UNION ST 0000 UNION ST NANTUCKET MA 02554 5514 0086 *ANDREWS GEORGE E & BARBARA P & 0001 YORK ST 0001 YORK ST JAMES CLINTON NANTUCKET MA 02554 5514 0089 *ANDREWS GEORGE E ETAL TRSTS 1 YORK ST 0055 UNION ST NANTUCKET MA 02554 5514 0087 FAUNCE MARY J 0002 E DOVER ST 0002 EAST DOVER ST NANTUCKET MA 02554 5514 0086 *ANDREWS GEORGE E & BARBARA P & 0001 YORK ST 0001 YORK ST JAMES CLINTON NANTUCKET MA 02554 5514 0059 BUTLER MYRNA B 0205 SACKETT RD 0004 EAST DOVER ST WESTFIELD MA 01085 5514 0102 WIGGINS DAVID B & ANNE L RFD #2 BOX 420 0005 YORK ST TILTON NH 03276 5514 0027 VANNESS HERBERT R JR & D LEE H 0008 E DOVER ST 0008 EAST DOVER ST NANTUCKET MA 02554 5514 0026 *KEATING SEARS & CARLISTA 7 YORK ST 0007 YORK ST NANTUCKET MA 02554 5514 0023 AUSTIN NANCY J 0082 ORANGE ST 0082 ORANGE ST NANTUCKET MA 02554 5514 0024 *HAMILTON VERNON W TRUSTEE 80 ORANGE ST 0080 ORANGE ST 80 ORANGE ST NOMINEE REALTY TR NANTUCKET MA 02554 5514 0025 COFFIN MARGARET A 0005 GARDNER PERRY LN 0076 ORANGE ST NANTUCKET MA 02554 5514 0054 MURPHY KATHERINE A GENEVA 1207 0007 COON ST 6 WILLIAM FAVRE SWITZERLAND 00000 5514 0055 MACDONALD HECTOR & PENELOPE 0283 WALNUT ST 0005 COON ST WELLESLEY HILLS MA 02181 5514 0056 CLINTON OWEN G & PATRICIA A 6 EAST YORK STREET 0006 YORK ST NANTUCKET MA 02554 5514 0057 ORPIN ALFRED N & DYER RUTH M PO BOX 472 0008 YORK ST NANTUCKET MA 02554 5514 0084 *PARROTTO LINDA S 655 MORENO ROAD 0003 COON ST NARBETH PA 19072 5514 0085 KAUFMAN ELI & MARGARET K 0047 E 88 ST 0004 YORK ST NEW YORK NY 10128 5514 0100 ANDERSON KENDALL P 0155 BULRUSH FARM RD 0001 COON ST N SCITUATE MA 02060 5514 0101 HALLIDAY MARY JANE BOX 165 0002 YORK ST NANTUCKET MA 02554 5514 0090 KREBS S WARREN & ANNA JANE 0057 UNION ST 0057 UNION ST NANTUCKET MA 02554 5514 0091 OLEARY JAMES 0063 UNION ST 0063 UNION ST NANTUCKET MA 02554 5514 0092 RICH ALICE H 0052 THOMAS DR 0065 UNION ST CHELMSFORD MA 01824-2045 5514 0096 *DREYFUS BARBARA HOPE 26 TASHAMA LANE 0002 COON ST NANTUCKET MA 02554 5514 0099 MCGRATH DEBRA A FKA RAMOS PO BOX 2403 0004 COON ST NANTUCKET MA 02584 BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS 2/7/96 TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No.-- APPLICATION FOR RELIEF Owner's name(s) : Stephen R. Ross, Trustee, JAR Realty Trust Mailing address: PO Box 2004, East Dennis, MA 02641 Applicant's name: Same as above Mailing address: Location of lot: Assessor's map and parcel number 55.4.4- 24 Street address: 10 East Dover Street Registry Land Ct Plan, Plan Bk & Pg or Plan File Bk 9, Pg27 Lot Portion Date lot acquired: 4 / 1/ 86 Deed Ref247 , 43 Zoning district ROH Uses on lot - commercial: None or MCD? - number of: dwellings 1 duplex_ apartments_ rental rooms_ Building date(s) : all pre-8/72? y 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 XX if Variance, 139-30A if a Special Permit (and 139-33A if to alter or extend a nonconforming use) . If appeal per 139-3),A & B , attach decision or orderL appealed. OK to attach addendum . SEE ATTACHMENT Items enclosed as part of this Application: orderl addendum2 Locus map Site planXX showirj presentxX +planned "structures Floor plans present proposed_ _ elevations (HDC approved?_) Listings lot area frontage setbacks GCR parking data Assessor-certified addressee 155 4 sets xx mailing labels 2 sets_u $200 fee payable to Town of Nantucket xx proof 'cap' covenant (If an appeal, ask Town Clerk ti send Bldg Comr ss record to BoA. ) I certify that the requested information submitted is substantially complete and tr - o the best of, my knowledge, under the pains and penalties of !fury. SIGNATURE: i sir _ Applicant _ Attorney/agent xX 1 is Ra enscroft, 3 (If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE q Application copies rec'd: 4 t/or_ for BoA on d/ ?/l('by One copy filed with Town Clerk cn /ZL/ 7by--_ _(_.�V,l/1) complete? One copy each to Planning Bd and Building Dept T,!2f/ y ( �( p. $200 fee check given Town Treasurer on ( / -(/l6by4 aived(?�t1�1`^ Hearing notice posted t( ailec / j}I & NM�/ '7i, iJ Hearing(s) on / /_ cont'd to / / , / / withdrawn? / /_ Decision due by_/ / made / 1_ filed TC / /_ mailed / /_ See related cases lawsuits other ATTACHMENT TO APPLICATION OF STEPHEN R. ROSS, TRUSTEE, JAR REALTY TRUST 10 EAST DOVER STREET The lot known and numbered as 10 East Dover Street ("Subject Property") and the house ("House") and garage ("Garage") constructed thereon, were configured and constructed, respectively, on or before the effective date of MGL Chapter 139, (7/22/72) , as adopted by the Town of Nantucket (the Zoning By- Law) . When constructed on the Subject Property, the Garage encroached slightly upon the adjacent lot known and numbered as East Dover Street ("Adjacent Parcel") . Presently the Adjacent Parcel is owned by Herbert R. VanNess and D. Lee H. VanNess (collectively "VanNess") . In a deed dated April 1, 1986 and recorded at Book 247, Page 36, VanNess attempted to convey that portion of the Adjacent Parcel which was located under the Garage as it encroached upon the Adjacent Parcel, to the then owners of the Subject Property, Richard L. Cumbie and Daniele H. Cumbie, as joint tenants with right of survivorship for a 1/2 undivided interest; and Edward J. Sanford for 1/2 undivided interest (collectively "Cumbie") . According to said deed, the transfer from VanNess to Cumbie was of: "all our right, title and interest in and to that area of land shown on the attached plan and outlined in black whereby the garage building on said plan encroaches over the division line of our property. The purpose of this conveyance is to verify for the record the existence of said garage building for a period of well over twenty years. " In a subsequent deed also dated April 1, 1986 and recorded at Book 247, Page 43 , Cumbie attempted to convey the Subject Property, including that portion under the garage as shown in black in the aforementioned attached plan which was formerly part of the Adjacent Parcel, to the present owner of the Subject Property, Stephen R. Ross, Trustee, JAR Realty Trust, ("Ross") . The deed from VanNess to Cumbie, drafted, executed and recorded in anticipation of the subsequent transfer from Cumbie to Ross, was an effort to "quiet title" and reestablish the property line between the Subject Property and the Adjacent Parcel. The VanNess/Cumbie deed recognized and formalized a possible taking by Cumbie of that portion of the Adjacent Parcel under the Garage. The construction of the Garage on the Adjacent Parcel may have constituted a taking of that portion of the Adjacent Parcel thereunder through adverse possession because said possession was open, continuous, exclusive, adverse and notorious for a period exceeding twenty (20) years. If title was acquired through adverse possession, the Subject Property, as improved by the House and Garage, was a "Nonconforming Structure, Use or Lot" as defined in Article 1, Section 139-2 of this Zoning By-Law, lawfully in existence on or before the effective date of said Zoning By-Law. Alternatively, title to that portion of the Adjacent Parcel located under the Garage may not have passed by adverse possession, but rather only upon the execution and recording of the VanNess/Cumbie deed. In either event, whether title passed by adverse possession or by deed, there exists the possibility that the VanNess/Cumbie transfer may have constituted a change in pre-existing _ •• _ _ - _ _ _ _ - -s and lots in violation of Article VI, Section 139-lA of the Zoning By-Law. Accordingly, in order to remedy the possible violation of Article VI , Section 139-3,fA of the Zoning By-Law, Applicant urges the Board of Appeals to 4 ant Applicant a variance, pursuant to Article V, Section 139-32 . As a basis for this request, Applicant states the following: Owing to the circumstances relating to the shape of the structure (the Garage) and especially affecting such land (10 East Dover Street) but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this Zoning By-Law would involve a substantial financial hardship to the petitioner, and the desired relief of a variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such bylaw due to the de minimis amount of real property affected by the requested variance. Respectfully submitted, Chris Ravenscroft, Esq. Joseph M. Guay & Associates PO Box 1294 , 4 North Water Street Nantucket, MA 02554 508/228-0228 (p) 508/228-7572 (f)