HomeMy WebLinkAbout47-17 37 Tomahawk Roada��ot�ANTUC/fF,JL
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TOWN OF NANTUCKET
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BOARD OF APPEAL
NANTUCKET, MASSACHUSETTS 02554
Date: January 16, 2018 w
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 47-17
Owner/Applicant: GRAHAM N. BURTON AND LUANNE M. BURTON
Property Description:
37 Tomahawk Road
Mate 69 Parcel 326
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. �en
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 69, Parcel 326
37 Tomahawk Road
Commercial Industrial (CI)
DECISION:
Certificate of Title No. 26126
Land Court Plan No. 29684-8
Lot 187
1. At a public hearing of the Nantucket Zoning Board of Appeals ("ZBA"), opened
at 1:00 P.M. on December 14, 2017, in the Conference Room, at 4 Fairgrounds Road,
Nantucket, Massachusetts, the Board made the following Decision on the application of
GRAHAM N. BURTON and LUANNE M. BURTON, 55 Meadow View Drive,
Nantucket, MA 02554, File No. 047-17.
2. Applicants are requesting Variance relief pursuant to Nantucket Zoning By-law
Section 139-32 from the intensity regulations (139-16) for front yard setbacks in the
Commercial Industrial ("Cl") zoning district of twenty (20) feet in order to site a
structure as close as 13.2 feet from the front yard lot line. The Locus is situated at 37
Tomahawk Road, is shown on Assessor's Map 69 as Parcel 326, and shown on Land
Court Plan No. 29684-8 as Lot 187. Evidence of owner's title is registered as Certificate
of Title No. 26126 at the Nantucket Registry District of the Land Court. The site is zoned
Commercial Industrial ("Cl").
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 although the applicant received Planning Board approval by
Special Permit #51-17 on September 11, 2017 in order to construct a commercial
structure to be used for interior tile storage/warehousing for "The Tile Room" along with
an open space waiver from the required 20% to 15% for the lot. There was no
opposition, written and oral, presented at the public hearing.
4. Applicant Graham N. Burton explained to the Board that the he is requesting
Variance relief in order to site an 1,800 square foot commercial structure on the Locus
partially within the front yard setback. The Premises is an undersized lot of record in the
CI zoning district, containing roughly 5,001 square feet in a zoning district that requires a
minimum lot size of 15,000 square feet. The lot, which is vacant, previously benefited
from a zoning freeze for the Residential Commercial Two (RC -2) zoning intensity
regulations. The applicant has received Special Permit approval from the Nantucket
Planning Board for a green space waiver, as well as HDC approval to construct an 1,800
square foot commercial structure upon the lot. However, the approvals site the structure
2
approximately 13.2 feet from the front yard lot line in a zoning district that requires a
twenty (20) foot front yard setback. The front yard setback in the RC -2 district was ten
(10) feet and the siting complied with those intensity regulations. The Applicant is
unable to site the structure further back on the lot because of a thirty foot drainage
easement. A copy of said proposed site plan entitled "Site Plan of Land To Accompany
A Zoning Board of Appeals Application in Nantucket, MA.", dated November 16, 2017
and prepared by Nantucket Engineering & Survey, PC, is attached hereto as "Exhibit A".
5. Therefore, pursuant to Section 139-32, Variance relief may be granted by the
Board of Appeals in an instance such as this one to validate the siting of this particular
structure owing to the specific circumstances relating to the shape of the structure, but not
generally affecting the CI zoning district and that a literal enforcement of the provisions
of this chapter would involve substantial financial hardship, to comply with the intensity
regulations of the CI zoning district when a majority of the structures in this subdivision
have the benefit of the RC -2 intensity regulations, including a ten (10) foot front yard
setback. As such, desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the intent or purpose
of such By-law.
6. A granting of relief by Variance pursuant to Nantucket Zoning By-law Section
139-32.A requires that the Board:
[... J specifically finds that owing to circumstances relating to soil conditions,
shape or topography of such land or structures but not affecting generally the
zoning district in which it is located, a literal enforcement of the provisions of
this chapter would involve substantial hardship, financial or otherwise, to the
petitioner or appellant, 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 such By-law.
7. Based upon the foregoing, the Board finds that owing to circumstances relating to
the soil conditions, shape, and topography of the Locus and the surrounding lots which
have the benefit of the former RC -2 intensity regulations and especially affecting the
Locus but not affecting generally the Commercial Industrial zoning district, a literal
enforcement of the provisions of the By-law, and specifically Section 139-16, 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 this By-law.
8. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board grants -
relief by VARIANCE pursuant to Zoning By-law Section 139-32 from the provisions in
Section 139-16 to approve the siting of the commercial structure on the Locus as shown
on the attached "Exhibit A".
3
Assessor's Map 69, Parcel 326
37 Tomahawk Road
Commercial Industrial (CI)
Dated: December 14, 2017
Certificate of Title No. 26126
Land Court Plan No. 29684-8
Lot 187
141k__
Lisa Botticelli
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On the day of A 20 W, before me, the undersigned notary
public, personally appea d 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 foregoing instrument voluntarily for the
pure se therein expressseed,.. /
Official Signature and Seal of Notary Public
My commission expires:
5
"EXHIBIT A"
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