HomeMy WebLinkAbout58-12 6 Gardener Decisiono Q
TOWN OF NANTUCKET r,
BOARD OF APPEALS Gn r
NANTUCKET, MASSACHUSETTS 02554`.
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Date: September 14, 2017
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 058-12
Owner/Applicant: WILLIAM J. RICHARDS and GARY S. MCBOURNIE
Property Description: 6 Gardner Road
Map 43 Parcel 8
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 a
complaint in Nantucket Superior Court or Land 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.
Eleanor W. Antonietti,
Zoning Administrator
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND
WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW
SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY
QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT
508-325-7587.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 43, Parcel 8 Certificate of Title No. 24255
6 Gardner Road Land Court Plan 18172-A
Limited Use General One (LUG -1)
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, August 10,
2017, at 1:00 P.M., in the First Floor Community Room of the Public Safety Facility at Four
Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the
request for RESCISSION by WILLIAM J. RICHARDS AND GARY S. MCBOURNIE, c/o
Patricia Halsted, Esq., 4 North Water Street, Nantucket, Massachusetts 02554, File No. 058-12:
2. Applicant is seeking to rescind and vacate Prior Variance Decision granted on October
11, 2012 to allow an expansion which would have resulted in further increasing the ground cover
ratio from 7.4% in a district where 7% is the maximum ground cover ratio allowed. The Locus is
situated at 6 Gardner Road, is shown on Tax Assessor's Map 43 as Parcel 8, and upon Land
Court Plan 18172-A. Evidence of owner's title is registered as Certificate of Title No. 24255 in
the Nantucket County District of the Land Court. The site is zoned Limited Use General 1
(LUG -1).
3. Our decision is based upon the application and accompanying materials, representations,
and testimony received at our public hearing. There was no Planning Board recommendation on
the basis that this matter is not of planning concern. There was no opposition, written or oral;
to the application.
4. Applicant's representative explained the request to rescind Board of Appeals Variance
Decision File No. 058-12 and registered as Document 139757 with the Nantucket County
Registry District of the Land Court. At the July 13, 2017 hearing, applicants had applied for and
ended up withdrawing a request to modify the 2012 VARIANCE granted to allow an overage of
ground cover. The July request was specific to eliminating condition (a) below:
a. That the shed sited on the westerly side of the Locus shall be removed and there shall
be no further shed allowed on the Locus without further relief from this Board; [... ]
During the discussion at the July hearing, it became evident that the Variance relief was no
longer needed as the ground cover overage which had originally necessitated relief had in fact
2
never resulted in the course of construction. The most recent As -Built, attached herewith as
"Exhibit A", shows a compliant ground cover ratio of 6.99 %.
5. The applicant clarified at the July hearing that an existing dilapidated shed will be
demolished and replaced with a new "zoning" shed. Pursuant to the definition of Ground Cover
in Section 139-2.A, a single detached shed with a ground cover of less than 200 square feet does
not contribute to ground cover calculations.
6. Therefore, based upon the application materials and testimony received at the public
hearing, the Board finds that 2012 Variance relief encumbering the locus is no longer required
and herewith rescinds and vacates said decision. Specifically, the lot is currently conforming as
to the dimensional provisions of Section 139-16 and, as such, in compliance therewith. No
evidence was presented to support the need for variance relief for waivers from any sections of
the Zoning Bylaw.
7. Accordingly, by UNANIMOUS VOTE of the sitting members of the ZONING BOARD
OF APPEALS, the Zoning Board of Appeals GRANTS the RESCISSION of previously issued
VARIANCE decision in File No. 058-12.
$1 NATVU PAGE, TQ, FQLLQW
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Assessor's Map 43, Parcel 8
6 Gardner Road
Limited Use General One (LUG -1)
Dated: 4 /0 , 2017
County of Nantucket, ss
Certificate of Title No. 24255
Land Court Plan 18172-A
Kerim Koseatac
COMMONWEALTH OF MASSACHUSETTS
On the day of2017, before me, the undersigned notary public,
personally appeared , one of the above-named
members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me
to be the person whose name is signed on the preceding document, and acknowledged that he
signed the fore ing instrument voluntarily for the purposes therein expressed.
7 jjIff -.00*
Official Signature and Seal of Notary Public
My commission expires:
& LESLIE WOODSON SNELL
NOTARY PUBLIC
COMMONWEALTH of f=ACHUSETTS
My Comm respires Sept 28, 2018
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