HomeMy WebLinkAbout057-96 05 1 - -6
otAmatickf), TOWN OF NANTUCKET
F- BOARD OF APPEALS
•Ike, t� d^
4)'QpORATEO'� NANTUCKET, MASSACHUSETTS 02554
Date: '-11 OriLe bQ,`'/ - 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. : 057-96
Owner/Applicant: THE CORKISH COOPERATIVE, INC.
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 .
Atmel/
Michael J. 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 § 139-30I ( SPECIAL PERMITS) ; § 139-32I (VARIANCES )
ANY QUESTIONS , PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS .
11-08-1996 12:29PM FROM P.
Map 24 320 Polpis Road
Parcel 0001 Certificate of Title No.15,002
Limited Use General -3
NANTUCKET ZONING BOARD OF APPEALS
DECISION:
The Board of Appeals at a Public Hearing held on Friday,October 4, 1996,
at 1:00 p.m. in the Town and County Building, Nantucket, Massachusetts, made
the following Decision on the application (057-96)of the THE CORKISH
COOPERATIVE, INC.,of 320 Polpis Road,Nantucket, Massachusetts 02554.
1. Applicant is seeking a MODIFICATION of a VARIANCE granted
in Board of Appeals Decisions 019-73 in which relief was granted to enable the
Applicant to construct an additional five (5) dwelling units on a parcel of land
that already contained four (4) dwelling units. One(1)of the then existing
dwellings is sited 8.57+ feet from the northwesterly property line in a zoning
district that requires a minimum side and rear yard setback of twenty (20) feet.
In addition, and to the extent necessary to such Modification, the Applicant also
seeks a SPECIAL PERMIT under Nantucket Zoning By-Law section 139-33A(8)
as adopted at the April 12, 1996 Annual Town Meeting. Applicant proposes to
acquire an adjacent 15,500 square-foot parcel of land,part of a 165,000 square
foot lot, shown as Lot 30 on Land Court Plan 7300-2, in order to cure the non-
conforming setback. In exchange for that conveyance by the abutter, a portion of
Applicant's land, shown as Lot 4 on Land Court Plan 7300-Q, would be conveyed
to that abutter. Applicant's lot currently contains 46.8+ acres and will continue
to be non-conforming as to the number of dwelling units on a single parcel with
a maximum of two (2)being allowed under the Zoning By-Law. The Premises
are located at 320 POLPIS ROAD,Nantucket, Massachusetts, Assessor's Map 24,
Parcel 0001. The property is zoned LIMITED USE GENERAL-3.
2. The Board's decision is based upon the application and materials
submitted with it, plans,and representations and testimony received at the
hearing on October 4,1996. There was no opposition to the requested
Modification of a Variance and Special Permit relief and the Planning Board
recommended that the requested relief be granted.
3. The Applicant is the owner of Lot 4. One of the structures on Lot 4,
built before 1972, is 8.57±feet from the property line,a validly existing
nonconformity of the twenty foot setback requirement. An adjacent parcel of
land, shown as Lot 30 on Land Court Plan File No. 7300-2 at the Nantucket
Registry of Deeds (Tax Map 25 Parcel 7),was created in 1982 and contains
165,010 square feet of area,with 150 feet on Polpis Road. Lot 30 is conforming in
all respects, including as to frontage due to the frontage averaging provision of
the Zoning Code. The Applicant proposes to acquire an approximately 15,500
square foot parcel ("Parcel A") from Lot 30,along the common property line at
the setback violation. In exchange for Parcel A, Applicant will transfer a portion
of Lot 4 ("Parcel B") to the owner of Lot 30. Parcel A and B are shown on Exhibit
A attached hereto.
The Applicant's acquisition of Parcel A from Lot 30 will cure the non-
conforming setback of the structure on Lot 4. Although Lot 4 would continue to
be nonconforming as to the number of dwelling units on a single parcel, the
exchange of parcels will result in the elimination of the nonconformity as to
setback.
4. The Board finds that exchange of Parcel A and Parcel B is in
harmony with the general purpose and intent of the Nantucket Zoning By-Law
because it will eliminate a validly existing nonconformity as to setback
requirements. The Board finds that the merger of Parcel A with Lot 4 will not be
substantially more detrimental to the neighborhood than the existing
nonconformity authorized by the 1973 variance. The Board finds that no new
nonconformity will be created by such merger, nor will any existing
nonconformity be increased.
5. Accordingly, by a unanimous vote, the Board hereby GRANTS
MODIFICATION of a VARIANCE Relief to permit the acquisition of a portion of
the adjacent Lot 30 on Land Court Plan No. 7300-2 in exchange for a portion of
Lot 4 on Land Court Plan No. 7300-Q, such parcels to be in substantial
conformity with the plan attached as Exhibit A, and to the extent necessary,
GRANTS the SPECIAL PERMIT under Nantucket Zoning By-Law section 139-
33A(8) to permit said lot line reconfiguration.
Dated: /144TUYm6-eA-,a1996
M./-' t O'Mara
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Neil Parent
TOWN CLERK'S OFFICE
NANTUCKET, M A 02554
NOV 12 1996
TIME:
CLERK:_5� P
Z.ONLNG *CLASSIFICATION: 4•U'.G.'_3 . EXISTING:
LIIN. ARE::. 4,20000 S..E.7. �S;VW; -.;C.;�1,V
MIN. FRONTAGE: . •;.Q9./717. . .
FRONT YARD S.B.: . �.5. t;77 . . -
REAR & SIDE S.D.: . .g 0. .A737. .
GROUND COVER (7)• 3 -/'• EXHIBIT A.
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CHARLES W. HART & ASSOCIATES, Inc.
SANFORD BOAT BUILDING
49 SPARKS AVENUE
NANTUCKET, MASS. 02554
(508) 228-8910
H-437
.o1a1 UCM�1. TOWN OF NANTUCKET
3 I BOARD OF APPEALS
04pomito. NANTUCKET, MASSACHUSETTS 02554
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS
will be held at 1 : 00 P.M. , FRIDAY, OCTOBER 4 , 1996, in the
Selectmen' s Meeting Room, Town and County Building, Broad Street ,
Nantucket, Massachusetts , on the Application of :
THE CORKISH COOPERATIVE, INC .
BOARD OF APPEALS FILE NO. 051-96
Applicant is seeking a MODIFICATION of a VARIANCE granted in
Board of Appeals Decision 019-73 in which relief was granted to
enable the Applicant to construct an additional five (5) dwelling
units on a parcel of land that already contained four (4) dwelling
units . One ( 1 ) of the then existing dwellings is sited 8 .57+ feet
from the northwesterly property line in a zoning district that
requires a minimum side and rear yard setback of 20 feet . In
addition, and to the extent necessary, to such Modification, the
Applicant also seeks a SPECIAL PERMIT under Nantucket Zoning By-Law
§139-33A( 8) as adopted at the April 1996 Annual Town Meeting.
Applicant proposes to acquire an adjacent 15 , 500 square-foot parcel
of land , part of a 165,000 square-foot lot , shown as Lot 30 on Land
Court Plan 7300-2 , in order to cure the non-conforming setback and
in exchange for that conveyance by the abutter, a portion of
Applicant ' s land, shown as Lot 4 on Land Court Plan 7300-Q, would
be conveyed to that abutter . Applicant ' s lot currently contains
46 . 8+ acres and will continue to be non-conforming as to the number
of dwelling units on a single parcel with a maximum of two ( 2 ) being
allowed under the Zoning By-Law.
The premises is located at 320 Polpis Road , Assessor ' s Map
24 , Parcel 0001 , Land Court Plan 7300-Q, Lot 4 . The property is
zoned Limited Use General-3 .
fl\f`t3A)AQ cyrairriL.
Michael J. 0' a , Chairman
THIS NOTICE iS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. FOR ASSISTANCE CALL
(.508) 228-7215 .
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ADDENDUM TO APPLICATION OF THE CORKISH COOPERATIVE, INC.
The Applicant is the owner of 320 Polpis Road shown as Lot 4 on Plan filed in
Plan File No. 7300-Q at the Nantucket Registry of Deeds (Tax Map 24, Parcel 1), a
reduced copy of which plan is attached as Exhibit A. Lot 4 consists of approximately
46.8 acres with 320 feet of frontage on Polpis Road. Prior to 1973, 4 dwellings existed on
this parcel. On July 3, 1973, 5 more dwellings were authorized by the Zoning Board of
Appeals in case 019-73. A copy of this 1973 decision is attached as Exhibit B. One of the
pre-1973 structures is approximately 8.57 feet from the northwesterly property line,
when a 10 foot setback is currently required.
An adjacent parcel of land is owned by John H. Krebs and Mary L. Keller and is
shown as Lot 30 on Land Court Plan File No. 7300-2 at the Nantucket Registry of Deeds
(Tax Map 25 Parcel 7). This lot was created in 1982 and contains 165,010 square feet of
area, with 150 feet on Polpis Road. The Krebs' parcel is conforming in all respects,
including as to frontage due to the frontage averaging provision of the Zoning Code.
The Applicant seeks to acquire the approximately 15,500 square foot parcel of
land from Mr. Krebs and Ms. Keller, shown as Parcel A on the site plan, to cure the non-
conforming setback. Mr. Krebs and Ms. Keller are willing to convey this parcel to the
Applicant in exchange for the conveyance to them of the portion of Lot 4 shown as
parcel B on site plan.
As a result of this change, the Applicant's property will conform with setback
requirements. It will, however, still be nonconforming as to the number of dwelling
units on a single parcel. Because a validly existing nonconformity as to setback will be
eliminated, this change is consistant with the intent and purpose of the Nantucket
Zoning By-Law and will not be substantially more detrimental than the existing
nonconformity authorized by the 1973 variance to the neighborhood.
The Applicant seeks a modification of the variance granted in 019-73 to reflect
this reconfigured property line. To the extent necessary, in addition to such
modification, 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 Lot 4, by adding to it Parcel A and removing Parcel B.
Form LCG-S-3. 4M-1I-51-931700 •
EXHIBIT A
7300Q
1II SUBDIVISION PLAN OF LAND IN NANTUCKET
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Filed with Cert. of Title No. 1065 r
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eparate certificates of title may be issued for /and
EXHIBIT B
COMMONWEALTH OF MASSACHUSETTS
TOWN OF NANTUCKET BOARD OF APPEALS
Notice of Conditional or Limited Variance or Special Permit
(General Laws Chapter 40A, Section 18 as amended)
Notice is hereby given that a Conditional or Limited Variance or Special Permit
has been granted to
To Richard B. Corkish, Jr.
Address Polpis Road
City of Town ' antucket
covering a certain tract or parcel of land described as:
Lot 4 L.C. Plan 11700Q Polpis Road
in the Town of Nantucket, by the Board of Appeals of the Town of Nantucket, af--
fecting the rights of the owner with respect to the use of said premises, the re-
cord title standing in the name of
Richard B. Corkish, Jr. f
by a deed recorded in the Nantucket County Registry of Deeds in Book at
Page or in the Nantucket Registry District of the Land Court Certificate
No. q m Book Z4 at Page /( . .
_
The decision of the said Board of Appeals is on file with the papers in the De--
cision of Case N O\1', 7?ain the office of the Town Clerk of the Town of
Nantucket. '
Signed this 3�� day of July , 1973.
Board of Appeals
W I,.
Chairman
19 at o'clock and minutes
Received and entered with Register of Deeds in the County of Nantucket, Book
Page .
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In the matter of the petition of Richard Corkish, Jr., for a variance
I to permit the construction of five
(5) single family dwelling units on a tract of 40 acres more or less on
Polpis Road. 018-73
Appearing for the Petitioner was Attorney Robert Campbell who stated
that Mr. Corkish desired to build five additional single family dwelling
units On a parcel of 46.8 acres owned by Mr. Corkish and located at Polpis.
Mr. Campbell stated that the owner faced a substantial financial burden
if subdivision requirements had to be met and that Mr. Corkish will not
sell any portion of the land area. The dwellings are intended for the use
of the owner and his family.'
Mr. Campbell stated that the owner was vitally concerned with conser-
vation and wanted minimal use of his acreage.
•
Mr. Corkish spoke stating he has no plans to develop the remainder of
the land and would agree to limit his development to the requested five
Single family dwelling units.
Mr. Campbell and Mr. Ccrkish stated that a greenbelt area would be
dedicated along the frontage of the tract on Polpis Road and that the area
would extend to a depth of 200' along all the frontage.
In opposition appeared Attorney James Glidden stating he represented
Mrs. Rosemary Hall Evans and the Nantucket Ornithological Association who
are opposed to the petition.
In rebuttal, Mr. Campbell stated that the proposed zoning amendment •
now before the Attorney General permits more than one single family dwelling
on a large tract and is designed for instances such as this.
The Chairman read a letter from the Nantucket Planning Board recommend-
ing the petit. on.
After due deliberation, the Board determined that the petitioner was
faced with a financial hardship in being required to subdivide without
intending to sell any of the tract and that the retention by a single
owner would benefit the general area and not be in derogation of the by-
law. The construction of five single family dwelling units on this parcel
meets the general intent of the by-law and the Board is cognizant of the
pending amendment.
0
Mr. Taylor moved that a 'conditional variance be granted and that the
conditions be as follows:
1 . That the owner be allowed to construct five single family
dwelling; units on the 46.8 acre tract.
2. That the density of development be not less than one sin;le
family dwelling unit per five acres of land area.
3. The the owner dive serious consideration to the dedication
of a greenbelt area to cover the entire frontage of the owner's
property.on Polpis RGad and extend back from Polpis Road a distance
of 200' .
Mr. Greene seconded the motion.
The motion was unanimously voted and the conditional variance is
GRANTED.
. \ O
Wayne F. '[olmes
•
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Harding ,
�, een� �
Lei
Robert L. Taylor
In the matter of the petition of Laird V. Williams to be allowed to
construct a garage on premises at Chicken Hill, Nantucket. 019-73
Attorney James Glidden appeared for the petitioner. Mr. Glidden
stated the pr)sent owner, Mr. Williams, purchased the property with the
garage 50% completed. Mr. Glidden stated he believed the batter boards
for this garage were placed in the summer of 1972, prior to the enactment
of the zoning by-law. The building progressed without a building permit
until it was stopped by the Building Inspector in late 1972.
Mr. Glidden stated it would represent a severe financial loss to the
petitioner if the garage could not be completed.
M■Q ' ( C__
tar. FT Town of Nantucket
77
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• �-- = �- OFFICE OF THE Rebecca J. Lob mann
=Lc '--e5 Nt% Town Cler'.:
4).1?Po O' TOWN CLERK
(508) 228-7217
16 Broad Street
NANTUCKET, MASSACHUSETTS 02554
April 19, 1996
TO WHOM IT MAY CONCERN:
I, Rebecca J. Lohmann, duly elected Clerk of the Town of Nantucket, hereby certify that the
April 8, 1996 ANNUAL TOWN MEETING adopted Article 40 "Zoning Bylaw Amendment:
Intensity Regulations" at the April 9, 1996 adjourned session, as recommended by the Planning
Board, as amended once on the floor.
AMENDMENT: Amend the Planning Board's recommendation by deleting the following
paragraph: "We further recommend amending Section 139-33(A)(4) as follows: (4) Pre-
existing, nonconforming structures or uses may be extended or altered, and pre-existing,
nonconforming lots may be changed provided that:"; further by deleting the last paragraph and
the language cited thereafter and replacing it with the following: "We further recommend
amending Section 139-33(A) by adding a new subparagraph (8) as follows: "(8) Pre-existing
nonconforming lots may be changed; provided that no change in size, shape, boundaries or
frontage of any pre-existing, nonconforming lot shall be done in any manner except only
pursuant to the issuance of a Special Permit granted by the Special Permit Granting Authority
designated by this Zoning Bylaw based upon a finding that said change will not be substantially
more detrimental than the existing nonconformity to the neighborhood; provided further, that
no such Special Permit shall be granted which creates any new nonconformity or increases any
existing nonconformity."
VOTE: • The amendment was adopted by unanimous voice vote.
VOTE: The vote on Article 40 as recommended, as amended was by unanimous voice vote.
Xekee6(.. ZoLGt4a444-,---
Rebecca J. Lohmann •
Town Clerk ARTICLE 40
(Zoning Bylaw Amendment: Intensity Regulations) •
To see if the Town will vote to amend the Nantucket
Zoning By-law, Nantucket Code 1.39-16.A, by striking the intro-
ductory paragraph and by replacing it with the following Ian=
guage:
A. Except as expressly provided by any other provi-
sion of this Zoning By-law, no structure or building
• shall be constructed or used, and no lot or parcel
of land shall be built upon, improved or used, and
no lot shall be changed in size, shape, boundaries
or frontage, in any manner which creates any new
zoning nonconformity or increases any existing
zoning nonconformity, unless in conformity with
the requirements set forth below: (herein follows
the table of intensity regulations and notes thereto
without alteration].
(Arthur I. Reade, Jr., et al)
FINANCE COMMITTEE RECOMMENDATION: We recom-
mend that the Town consider the following Planning Board
recommendation:
PLANNING BOARD RECOMMENDATION: We recommend
that the Town vote to adopt Article 40, with the following
amendment:
Replace the entire article with the following (NOTE: new
language is shown as highlighted text; language to be
deleted is shown by strikeout; these methods to denote
changes are not meant to become part of the text):
To see if the Town will vote to amend the Nantucket
Zoning Bylaw, Nantucket Code 139-16.A, by striking the
introductory paragraph and by replacing it with the follow-
ing language:
e e - e - - -
er used, and no lot shall.
improved- be changed
r - - -, - - - -- - - - -
p .:Except as expressly providedrby
:Section�139�33 of this�Zoning _ .
bylaw;nostructure:or,building
sh Il._bea.constructed or used,_and
n`o tot orw arcelxof=land shaII I5
'eoved�orused arc[
builtU�onT�mp
no lot shall 6e changed In size;
shams bound,artes.or fr"ontag�e
iniessTire daiii ty.with,the
r�T.*m+.-ra'ri'--ter-:-^-^--r-. �._r-
requirementssetforth�.below:` .