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:
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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Continued to:—/—/— Withdrawn:—/—/— Decision Due By:—/_/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. MURPHY
NOTARY PUBLIC
r,Ommonwealth Of MassachuseMy Commission Expires
December 17, 2021
5
"EXHIBIT A"
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