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Home My WebLink About045-96 045 - TOWN OF NANTUCKET XN,^rte . BOARD OF APPEALS• 04 PORAW°. NANTUCKET, MASSACHUSETTS 02554 Date : September 27 , 1996 To : Parties in Interest and_ Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 045-96 Owner/Applicant : SUZETTE E. CORKISH, TRUSTEE, BLUEBERRY 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 . / Michael . 0 Mara , 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 §139-3OI ( SPECIAL PERMITS) ; § 139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS . TOWN OF NANTUCKET ZONING BOARD OF APPEALS At a Public Hearing of the Nantucket Zoning Board of Appeals opened at 1:00 P.M., on Friday, August 9, 1996, in the Selectman's Meeting Room, Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of Suzette E. Corkish, Trustee, Blueberry Realty Trust, for herself as Owner and Applicant in connection with property situated at Quidnet Road (Board of Appeals File No. 045-96). The Board made the following decisions: 1. In ZBA file 045-96, Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law Section 139-33A(8), (as amended and adopted at the April, 1996 Annual Town Meeting). Applicant proposes to combine a parcel of vacant land located on Quidnet Road and shown as Parcel B on Plan File No. 42-F, with another parcel located on Quidnet Road and shown as Parcel 2 on Plan File No. 42-G. Parcel B is said to be pre-existing and is non-conforming as to frontage, having 107.30 feet of frontage on Quidnet Road in a district that requires a minimum of frontage of 200 feet, and as to lot size, having 86,725 ±square feet of area in a district that requires a minimum lot area of 120,000 square feet. Parcel 2 is said to be pre-existing and is non- conforming as to frontage, having 58.32 of frontage on Quidnet Road in a district that requires a minimum frontage of 200 feet and as to lot size, having 46,320 ±square feet of area in a district that requires a minimum lot area of 120,000 square feet. When combined, Parcel B and Parcel 2 will have 133,045 ±square feet of lot area and 165.62 feet of frontage on Quidnet Road. The premises is located at QUIDNET ROAD, Assessor's Map 21, Parcel 119.6 (also involves Parcel 119.3), Plan File F, Lot B (also involves Plan File 42-G, Lot 2). The property is zoned Limited Use General-3. For title to Parcel B, see deed recorded in Deed Book 399, Page 86 at the Nantucket Registry of Deeds. 2. The Board's findings are based upon the Application papers and testimony received at the meeting on.Friday, August 9, 1996. There was no opposition to the request SPECIAL PERMIT relief expressed at the public hearing and the Planning Board made a favorable recommendation . 3. The Applicant is the owner of Parcel B. The acquisition of Parcel 2 and the merger of Parcel 2 into Parcel B will create a lot which is more conforming to the Nantucket Zoning By-Law, as it will have greater than the minimum lot size of 120,000 square feet required in the Limited Use General-3 zoning district. This result is in harmony with the general purpose and intent of the Nantucket Zoning By-Law. The Board finds that the merger of Parcel 2 into Parcel B will not be substantially more detrimental than the existing nonconformity to the neighborhood and that no new conformity will be created by such merger, nor will any existing nonconformity be increased. 4. Based on the foregoing findings, in connection with ZBA File No. 045-96, the Board hereby GRANTS, by a unanimous vote in favor, the requested Special Permit under Nantucket Zoning By-Law Section 139-33A(8) to allow Parcel B on Plan File No. 42-F and Parcel 2 on Plan File No. 42-G to be treated as one merged lot, now conforming as to lot area and validly non-conforming as to frontage. The acquisition by the Applicant of Parcel 2 shall be considered as the substantial use of this Special Permit, sufficient to prevent its expiration. Dated: -_ Q7, 1996 A Nantucket, MA Mich. -1 O'Mara LTA _u __.�.. da F. W.la 0.(n Dale Waine L -t-- D' Neil/ jj. I&/4). ward S 4ole RECEIVED TOWN CLERK'S OFFICE NANTUf.vc:m nn A 02554 SEP 2 7 1996 TIME: 3__3 5 h CLERK: Atom . TOWN OF NANTUCKET ki r_ r �. BOARD OF APPEALS • *PoRATo' NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P.M. , FRIDAY, AUGUST 9 , 1996 , in the Selectmen' s Meeting Room, Town and County Building, Broad Street, Nantucket, Massachusetts , on the Application of the following: SUZETTE E. CORKISH, TRUSTEE OF CORKISH BLUEBERRY REALTY TRUST BOARD OF APPEALS FILE NO . 045-96 Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A( 8) (as amended and adopted at the April , 1996 Annual Town Meeting) . Applicant proposes to combine a parcel of vacant land located on Quidnet Road and shown as Parcel B on Plan File No. 42-F, with another parcel located on Quidnet Road and shown as Parcel 2 on Plan File No . 42-G. Parcel B (said to be pre-existing) is non-conforming as to frontage, having 107 . 30 feet of frontage on Quidnet Road in a district that requires a minimum frontage of 200 feet, and as to lot size, having 86,725+ square feet of area in a district that requires a minimum lot area of 120,000 square feet. Parcel 2 (said to be pre-existing) is non-conforming as to frontage, having 58 . 32 of frontage on Quidnet Road in a district that requires a minimum frontage of 200 feet and as to lot size, having 46 , 320+ square feet of area in a district that requires a minimum lot area of 120,000 square feet . When combined , Parcel B and Parcel 2 will have 133 ,045+ square feet of lot area but only 165 . 62 feet of frontage on Quidnet Road . The premises is located at QUIDNET ROAD, Assessor' s Map 21 , Parcel 119.6 (also involves Parcel 119 . 3) , Plan File F, Lot B (also involves Plan File 42-G, Lot 2 ) . The property is zoned Limited Use General-3 . (7141\& /71/0/A ../ Michael J. 0 era , 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 q CASE. Not.-F7.) `L, • APPLICATION FOR RELIEF • • • Owner's name(s)( ) Suzette E. CorkisH, Trustee of Corkish Blueberry Realty Trust Mailing address: dated October 14, 1992, recorded in Book 399, Page 8S g pis Road, Nantucket ' Applicant's name: same Mailing address: same • Location of lot: Ass•essor's map and parcel number 21 -119.6 (also involves Street address: Quidnet Road parcel 119.3) Registry Land Ct Plan, Plan Bk & Pg or Plan File 42-F Lot B (also involves Plan File 42-G, Lot 2)- Date lot acquired: .AL/11.6../...92 Deed Ref399 , 90 Zoning district LUG-3 • Uses on lot - commercial: None X or MCD? - number of: dwellingso duplex. apartments rental rooms__ Building date(s) : all pre-8/72? none or C of O? Building Permit appl'.n. Nos. none Case Nos. all BoA applications, lawsuits: none 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 .d. 139-33A x if to alter' or"'extend 'a nonconforming use) .' If appeal per '139-31A & B , attach decision or order appealed. OK to attach addendum r RECEIVED OwN CLERK'S OFF)r= See attached addendum NgNTUCKE7 MA 02554 • JUL 2 2 1996 TIME: 471=♦off.) • CLERK: /LZ Items enclosed as part of this Application: orderl addendum2 x Locus map x Site plan x showing present +planned 'structures Floor plans present proposed elevations (HDC,approved? ) . . Listings lot area frontage setbacks GCR • parking data • Assessor-certifie3 addressee Tilt 4 sets x ma .lig label$$ 2 set-s-7- $200 fee payabl.e_to..Town••of Nantucket• x proof?. . .'cap' 66aenant (If an appeal, ask Town Clerk to send Bldg Comm record to BoAT I certify that the requested information• submitted is substantially complete and true.to the best of my knowle••e, under the pains and penalties • .•er''ur Y• C �u SIGNATURE: t � �....�. �..._A---- - pp scan" • A tor.-y ag nt x ,Melissa D. 'hilbrick, Attorney fo Corkish Blueberry 'ea ty Trust • (If not owner or owner's attorney, enclose proof of authority) • FOR BoA OFFICE USE Application copies rec'd: 4 [or for BoA on .N ..y tJ One copy filed with Town Clerk on /' by °' ` , comp�lpette? •. One copy each,to Planning•Bd and Building' De•t • .k1F1?1, eJ $200 fee check given' Town TT surer on :s!' .ytYW waived? Hearing notice posted:1 `-o ailed .' 41 & MC2/.7 4;LI Hearings) on_-/,_/_ cont'd to__/__/ , __J,._/_ withdrawn?_/,_/__ Decision due bye_/ made /_/_ filed.TC_/_/ mailed_/_/_ See related cases lawsuits other ADDENDUM TO APPLICATION OF SUZETTE E. CORKISH,TRUSTEE OF CORKISH BLUEBERRY REALTY TRUST The Applicant is the owner of vacant land on Quidnet Road shown as Parcel B on Plan filed in Plan File No. 42-F at the Nantucket Registry of Deeds (Tax Map 21, Parcel 119.6), a reduced copy of which plan is attached as Exhibit A. Parcel B is a lot of record consisting of 86,725±square feet of area with 107.30 feet of frontage on Quidnet Road. The Applicant seeks to acquire an adjacent lot shown as Parcel 2 on Plan filed in Plan File No. 42-G at the Nantucket Registry of Deeds (Tax Map 21, Parcel 119.3), a reduced copy of which plan is attached as Exhibit B. Parcel 2 is a lot of record consisting of 46,320±square feet of area with 58.32 feet of frontage on Quidnet Road. Once acquired, the Applicant would record a new plan showing the two parcels as a single, merged building lot. When combined, Parcel B and Parcel 2 will have 133,045± square feet of area (in excess of the 120,000 square feet minimum lot size required by the Zoning Bylaw),but only 165.62 feet of frontage on Quidnet Road when 200 feet of frontage is required in this LUG-3 Zoning District. The Applicant seeks a Special Permit under Section 139-33A(8), as adopted at the April 1996 Town Meeting (a copy of which section, as adopted, is attached as Exhibit C), to alter Parcel B, the validly pre- existing nonconforming lot, by combining it with Parcel 2. By this change, the resulting lot is made more conforming in all respects, even though still nonconforming as to frontage. Because the existing nonconformity as to area will be eliminated,this change will not be substantially more detrimental than the existing nonconformity to the neighborhood. 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