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HomeMy WebLinkAbout14-19 37 Tomahawk RoadFee: $450.00 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION File No. N _/ Owner's name(s): Graham N. Burton and Luanne M. Burton Mailing address: 55 Meadow View Drive, Nantucket, MA 02554 Phone Number: 508-325-4732 Applicant's name(s): Same Mailing Address: Phone Number: E -Mail: graham@tderoomnantucket.com E -Mail: Locus Address: 37 Tomahawk Road Assessor's Map/Parcel: 69/326 Land Court Plan/Plan Boalt & Page f .: LC Plan No. 29684-8, Lot 187 Deed Re fere .. iCertificate of Tide= 26126 Zoning District: CI Uses on Lot- Commercial: VACANT Yes (describe) _ Residential: Number of dwellings: Duplex Apartments _ Date of Structure(s): Building Permit Numbers: Previous Zoning Board Application Numbers: 047-17 G CP c: 7:3r. 0 State below or attach a separate addendum of specific special permits or variance relief applying for: See attached Exhibit A I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: SIGNATURE: Applieft /Attorney/Agent* Owner* *If an Attorney or other Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on: _/_/_ By: Complete: Need Copies: Filed with Town Clerk:_/_/_ Planning Board:—/—/— Building Dept.:—/—/— By:_ Fee deposited with Town Treasurer:_/_/_ By: Waiver requested: Granted:_/_/_ Hearing notice posted with Town Clerk:—/—/— Mailed:_/_/_ I&M_/_/_ &_/_/_ Hearing(s) held on:_/_/_ Opened on :_/_/_ Continued to:—/—/— Withdrawn:—/—/— Decision Due By:—/_/ Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_ Exhibit A The Owner/Applicant, Graham N. Burton and Luanne M. Burton (hereinafter "Burton") are the owners of 37 Tomahawk Road ("the Premises") by virtue of a Certificate of Title No. 26126. Applicant is requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139-32 from the intensity regulations in Section 139- 16, specifically relating the front yard setback in the Cl district. The Premises is an undersized lot of record in the Cl zoning district, containing 5,001 +/- square feet in a zoning district that requires a minimum lot size of 15,000 square feet. The lot, which is vacant, was previously subject to a zoning freeze for the 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 approximately 13.2 feet from the front yard lot line in a zoning district that requires a 20 foot front yard setback. The front yard setback in the RC -2 district was 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 30 -foot drainage easement. A copy of said proposed site plan is attached hereto as Exhibit B. 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 because owing to the specific circumstances relating to the shape of the structure, but not generally affecting the Cl 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 Cl zoning district when most of the other structures in this subdivision have the benefit of the RC -2 intensity regulations, which includes a 10 foot front yard setback, and, 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 Bylaw. Because of this deminimis intrusion into the front yard setback and because most of the other lots in this subdivision have structures complying with the less restrictive RC -2 zoning regulations, this type of relief would not be contrary to the public good or would derogate from the intent and purpose of the Bylaw. The Board previously approved this Variance request in Zoning Board of Appeals Application No. 047-17, however, the applicant did not activate the original permit by filing a building permit or requesting an extension of the original Variance. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: June 26, 2019 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 14-19 Owner/Applicant: GRAHAM N. BURTON & LUANNE M. BURTON Property Description: 37 Tomahawk Road Map 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. 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, on Thursday. June 13, 2019, at 1:00 PM, 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 application of GRAHAM N. BURTON and LUANNE M. BURTON, 55 Meadow View Drive, Nantucket, MA 02554, File No. 14-19. 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 opposition, written and oral, presented at the public hearing. 4. There was no Planning Board recommendation although the applicants received Planning Board approval by Special Permit PB #51-17 on September 11, 2017, in order to construct a commercial structure to be used for interior tile storage/warehousing (no exterior storage allowed) for "The Tile Room" along with an open space waiver from the required 20% to 15% for the lot. They were granted a subsequent modification in October 2018 (PB File 976-18) to relocate the two parking spaces from the rear of the structure to one space along the side of the structure and one space inside the structure. The remaining terms and conditions of the previously approved Special Permit remained in full force and effect. 5. Applicant Graham N. Burton explained to the Board that he is requesting the same Variance relief previously granted in Decision No. 47-17, registered as Land Court Document 157940, as he was unable to exercise the relief or begin the project for which the relief was granted within the applicable time limits. The relief is needed in order to site an 1,800 sq. ft. commercial structure on the Locus partially within the front yard setback. 6. The Premises is an undersized lot of record in the Cl zoning district, containing roughly 5,001 square feet in a zoning district that requires a minimum lot size of 15,000 sq. ft. The lot, which is vacant, previously benefited from a zoning freeze for the Residential Commercial Two (RC -2) zoning intensity regulations which expired on October 17, 2017. The applicant received the above -referenced Special Permit approvals from the Nantucket Planning Board, as well as Historic District Commission approval to construct an 1,800 sq. ft. commercial structure upon the lot. However, the approvals site the structure 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.) The Applicant is unable to site the structure further back on the lot because of a thirty foot drainage easement and embankment; both shown on the site plan of proposed conditions entitled, "Site Plan of Land To Accompany A Zoning Board of Appeals Application in Nantucket, MA.", dated May 13, 2019 and prepared by Nantucket Engineering & Survey, PC, attached hereto as "Exhibit A". 7. 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 Cl 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. 8. A granting of relief by Variance pursuant to Nantucket Zoning By-law Section 139- 32.A requires that the Board: [... ] 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 3 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. 9. Based upon the foregoing, the Board finds that owing to circumstances relating to the soil conditions, shape, and topography of the Locus, with many of the surrounding lots benefitting from the provision 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. 10. 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", subject to the condition that there shall be no further expansion within the front yard setback without further relief from this Board. I NAT REPA E T F LL9W 0 Assessor's Map 69, Parcel 326 37 Tomahawk Road Commercial Industrial (CI) Dated: June 13, 2019 Certificate of Title No. 26126 Land Court Plan No. 29684-8 Lot 187 Kerim Koseatac COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss �t On the � day of JU 2019, befo e me, the undersigned notary public, personally appeared 6VI�st� TC�y�{ 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 they signed the foregoing instrument as their free act and deed and voluntarily for the purposes there' presse . / Official Signature and Seal of Not ry ubl My commission expires EPAUL M. 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