HomeMy WebLinkAbout070-08 McQuade
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
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File No. 070
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Map 48
Parcel19!U
This agreement to extend the time limit for the Board of Appeals to make a decision, hold a public hearing, or
to take other action concerning the application of:
Lawrence and Marqaret McOuade
Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of
the Massachusetts General Laws, Applicant(s)/Petitioner(s) and the Zoning Board of Appeals hereby agree to
extend the time limit
o For a public hearing on the application
i(J.. For a written decision
o For other action
Such application is:
o An appeal from the decision of any administrative official
o A petition for a special permit
~ A petition for a variance
o An extension
o A modification
The new time limit shall be midnight on
a time limit set by sta\ute or bylaw.
The Applicant (s), att rney, or ag t for the Applicant represented to be duly authorized to act in this matter
for the applicant, in e ei:uting is greement waives any rights under the Nantucket Zoning Bylaw and the
State Zoning Act, as nde, 0 t e extent, but only to the extent, inconsistent with this agreement,
~ ~ ~-re.ct.
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, which is not earlier than
For Applicant (s)
vjLi~J
Town Clerk Stamp:
Effective Date of Agreement
2 Fairgrounds Road
Nantucket Massachusetts
508-228-7215 telephone
02554
508-228-7298 facsimile
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
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APPLICATION
Fee: $300.00 File No. D7D.ot
Owner's name(s): Lawrence and Margaret McQuade
Mailing address: c/o Vaughan, Dale and Hunter, P.O. Box 659, Nantucket, MA 02554
Phone Number: (508)228-4455
E-Mail: bill@vaughandaleandhunter.com
Applicant's name(s): Same
Mailing Address:
Phone Number:
E-Mail:
Locus Address: 97 Baxter Road
Assessor's Map/Parcel: 48/19 & 20
Land CourtPlan~~~~~
12839-B
~~/Certificate ofTicle: 17087
Zoning District SR-2
Uses on Lot- Commercial: None~ Yes (describe)
Residential: Number of dwellings 1 Duplex
Apartments
Date ofSttucture(s): all pre-date 7/72 or
Building Permit Numbers:
Previous Zoning Board Application Numbers: BOA File No. 02-88
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
State below or attach a separate addendum of specific special permits or variance relief applying for:
See Addendum, attached hereto.
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:
Owner*
SIGNATURE:
~.f, "~~
Applicant/Attorney / Agent*
*If an Attorney or other
proof of agency.
OFFICE USE ONLY
Application received on:_/ _/ _ By:_ Complete:_ Need Copies:_
Filed with Town Clerk:_/ _/ _ Planning Board:_/ j _ Building Dept.:_/ j _ By:_
Fee deposited with Town Treasurer:_/ j _ 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:_/ _/_
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-721'5 telephone 508-228-7298 facsimile
ADDENDUM TO THE
APPLICATION OF LAWRENCE C. McQUADE AND MARGARET O. McQUADE
LA WRENCE C. McQUADE and MARGARET O. McQUADE seek a Variance
pursuant to Section 139-32 of the Nantucket Zoning By-law from the requirements of
Section 139-16, Intensity Regulations, as amended. Locus is presently improved by a
single-family wood-framed dwelling located at 97 Baxter Road, Siasconset. The Premises
are located in the SR-2 Zoning District. The Premises consists of two (2) parcels of land:
Lots A-I and A-2 shown on Land Court Plan 12839-B and further
described in the Nantucket Assessors Book on Map 48 as Parcels 19 and 20.
With respect to Lot Area, the Premises consists of these two pre-existing
non-conforming lots of record having a combined total area of25,538 +/- square
feet in a zoning district with a minimum area requirement of 20,000 square feet.
These lots are merged for zoning purposes. The single family dwelling on Locus is
located approximately 16 +/- feet at its closest point from the front yard property
boundary, pursuant to a Variance granted by the Nantucket Zoning Board in BOA
File No. 02-88, in a zoning district with a required front zoning yard of thirty (30')
feet. The pre-existing, non-conforming cottage on Locus is located approximately
2.5 +/- feet at its closest point from the northerly side yard property bound in a
zoning district with a required side zoning yard often (10') feet. In all other
respects, the Premises conforms with the dimensional requirements of the zoning
by-law for the Sconset-Residential 2 District.
Applicants propose to move the existing house away from the eroding
coastal bank situated just seaward of this portion of Baxter Road, Siasconset. As
proposed, the relocated dwelling will be 1 :l:: foot at its closest point from the front
property bound in a zoning district that requires a front yard setback of 30 feet.
The house as relocated will be approximately 8 feet from the paved portion of
Baxter Road and situated behind a mature privet hedge.
The requested relief is harmony with the intent and purposes of the
Nantucket Zoning By-law. Given circumstances relating to the soil condition and
topography of the locus (the close proximity of the dwelling to an eroding coastal
bank) and especially effecting this locus and not affecting generally the zoning
district in which it is located, a literal enforcement of the provisions of by-law
would involve substantial hardship to the Applicant. This desired relief may be
granted without substantial detriment to the public good and without nullifying or
substantially derogating from intents and purposes of the by-law. The Applicant
asks the Board to vote in favor of the Variance as requested.
. 48 - 21 GUTTERSON
N/F HERBERT L. & DORA D. P.
AS-BUilT PLOT PLAN
IN
NANTUCKET, MASSACHUSETTS
SCALE: 1"=30' OA TE: JUl 26, 2005
DEED REFERENCE: lC CERT.# 17087
PLAN REFERENCE: lC Pl 12839-B
ASSESSOR'S REFERENCE:
AP: 48 PARCELS: 19. & 20
PREP ARED FOR: lA WRENCE C. &
& MARGARETO. MCQUADE
EMACK SURVEYING
2 WA~HAMAN AVENUE
NANTUCKE~ MA. 02554
(508) 325-0940
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48 - '~URROW
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TOTAL lOT AREA =
25538 :!: SF
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NOTES:
1.) THE 2 STY DWELLING DOES NOT CONFORM
TO CURRENT ZONING REOUIREMENTS
WITH RESPECT TO FRONT YARD SETBACK
2.) THE 1 STY W!f BLOG DOES NOT
CONFORM TO CURRENT ZONING WITH
RESPECT TO SIDE YARD SETBACK.
3.)SEE VARIANCE RECORDED AS
L.C DOC. 43121
CURRENT ZONING: SR-2
MINIMUM lOT SIZE: 20,000 SF
MINIMUM FRONTAGE: 75 FT
FRONTYARD SETBACK: 30 FT ~ -9[CISH,\l.~ ~
SIDE AND REAR SETBACK: 10 ~ <1'~ONAllM~~c:,~~
AllOWABLE G.C.R.: 12.5% (( ~ r--+
EXISTING G.C.R.: 11.3% ~ +
EXISTING G.C. 2 STY DWELLING = 2490- SF
EXISTING G.C. 1 STY BlOG = 400:t SF
FOR PROPERTY LINE DETERMINA nON THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD.
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A TITLE
EXAMINA nON OR A RECORDABLE SURVEY.
N.B. 15 83
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NOTES:
1.) THE 2 STY DWELLING DOES NOT CONFORM
TO CURRENT ZONING REOUIREMENTS
WITH RESPECT TO FRONT YARD SETBACK
2.) THE SHED UNDER CONSTRUCTION DOES NOT
CONFORM TO CURRENT ZONING REOUIREMENTS
WITH RESPECT TO FRONT YARD SETBACK
3.) THE 1 STY W/F BLDG DOES NOT
CONFORM TO CURRENT ZONING WITH
RESPECT TO SlOE YARD SETBACK.
4.) SEE VARIANCE RECORDED AS L.C DOC. 43121
5.) SEE RESTRICTION ON FACE OF L.C. CERT. 1708
CURRENT ZONING: SR-2
MINIMUM LOT SIZE: 20,000 SF
MINIMUM FRONTAGE: 75 FT
FRONTYARD SETBACK: 30 FT
SIDE AND REAR SETBACK: 10 FT
ALLOWABLE G.C.R.: 12.5%
EXISTING G.C.R.: 11.3%:!:
(NOT INCLUDING < 120 SF SHED)
EXISTING G.C. 2 STY DWELLING = 24901: SF
EXISTING G.C. 1 STY BLDG = 400:t SF
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD.
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A TITLE
EXAlAINA TION OR A RECORDABLE SURVEY.
N.B. 15 83
48 - 21 TTERSON
N/F HERBERT L. & DORA D. P. GU
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BoA Form
_.2.1- 8 9
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
:-:: /~.-:~.:8..~~S:~;0RS
Iy:r I) 7 2008
ASSESSOR'S LIST OF PARTIES IN INTEREST
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PROPERTY OWNER: lAWQ\;CI\n:=J.1YlI1'l1iAllm" ,Vvl (quf\\J;
APPLICANT FOR RELIEF (SAME? ~) :
ADDRESS OF PROPERTY: <11-€F\X!'Ct2. ~~ ~A~~
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ASSESSOR'S MAP - PARCEL: 4'~ - ~ A-v\~ 2-D
LIST OF PARTIES INCLUDING ADDRESSES
*(OR SEE ATTACHED ~):
*
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I certify that the foregoing (or the attached ) lists all persons,
natural or legal, who are owners of abutting property, owners of land
directly opposite on any public or private street or way; and abutters of
the abutters and all other land owners within three hundred feet of the
~roperty line of Owner's property, as they (and their address) appear on
the most recent applicable tax list [per M.G.L. c.40A, sll and Zoning Code
Ch,aPter 1.39, !i139-29D(2)]. ~ .' ~_
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Date 1'>l sessor' s Off~ce
Town of Nantucket
*NOTE: Applicant (Petitioner) should include with the lot for which zoning
relief is sought, any commonly-owned abutting lots which might become
involved in the zoning matter. List map and parcels for each abutter.
; ah/;'C'lDM"',"-,s
Submitted by Vau3han and~ale, P. C.
Date: Jo.+ b~ \YV-~OC:
Client:
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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Date:
January 6 ,2001
To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No. :
070-08
Owner/Applicant:
Lawrence and Margaret McQuade
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 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.
~(~O~a-t~_~~)
~chael J. O'Mara, Chairman
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 508-228-7215.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MA 02554
Assessor's Map: 48
Parcels: 19 and 20
SR-2
97 Baxter Road
Land Court Plan 12839-B
Certificate of Title No. 17087
At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS held at 1:00
p.m., Thursday, November 13, 2008, in the Garage Area, 2 Fairgrounds Road, Nantucket,
Massachusetts 02554 on the Application of Lawrence and Margaret McQuade, c/o Vaughan,
Dale, and Hunter, P.O. Box 659, Nantucket, MA 02554, Board of Appeals File No. 070-08, the
Board made the following decision:
I. The Applicants are requesting Variance relief pursuant to Nantucket Zoning Bylaw
Section 139-32 (Variances) from the provisions of Nantucket Zoning Bylaw Section 139-16A
(Intensity Regulations - setbacks). The Applicants propose to move the existing house away
from the eroding coastal bank and relocate the dwelling one (1) foot from the front property
boundary in a zoning district that requires a front yard setback of thirty (30) feet. The single
family dwelling is presently sited sixteen (16) feet at its dosest point from the front yard lot line,
pursuant to a Variance granted in Zoning Board of Appeals File No. 02-88, in a zoning district
with thirty (30) foot front yard setback requirement. The pre-existing, nonconforming cottage on
the locus is sited approximately 2.5 feet at its closest point from the northerly side lot line in a
zoning district that requires a ten (10) foot side yard setback. The Applicants propose to remove
this cottage from the locus.
The site is located at 97 BAXTER ROAD, is shown on Nantucket Tax Assessor's Map
48 as Parcels 19 and 20, is shown on Land Court Plan 12839-B, and is registered at the
Nantucket County Registry of Deeds as Certificate of Title No. 17087.
2. The Decision is based upon the Application and the material submitted with it and the
testimony and evidence presented at the Hearing. The Planning Board made no
recommendation, as the matter was not of planning concern. There were no letters on file in
favor of or in opposition to the Application. No opposition was expressed at the Hearing.
3. The Locus consists of two (2) parcels ofland: Lots A-I and A-2 showno n Lnad Court
Plan 12839-B and further described in the Nantucket Tax Assessor's Map Book on Map 48 as
Parcels 19 and 20. With these two pre-existing, nonconforming parcels, the Locus has a
combined total area of 25,538 +/- square feet in a zoning district that requires a minimum lot size
of 20,000 square feet. As these lots are merged for zoning purposes, there is no issue arising out
of lot size. The single family dwelling on the Locus is approximately sixteen (16) +/- feet from
the front yard property boundary, pursuant to a Variance granted by the Nantucket Zoning Board
of Appeals in File No. 02-88, in a zoning district that requires a thirty (30) foot front yard
setback. The pre-existing, nonconforming cottage on the Locus is located approximately 2.5 +/-
feet at its closest point from the northerly side yard property bound in a zoning district that
requires a ten (10) foot side yard setback. In all other respects, the Locus and the structures
thereon conform to the zoning requirements of the Sconset-Residential2 zoning district.
The Applicants propose to move the existing house away from the eroding costal bank.
As proposed, the relocated dwelling will be approximately one (1) +/- foot at its closest point
from the front property bound in a zoning district that requires a thirty (30) foot front yard
setback. The proposed relocation will situate the structure approximately eight (8) feet from the
paved portion of Baxter Road. Additionally, the Applicants propose to remove the cottage from
the Locus.
4. Therefore, the Board specifically finds that due to the topography of the lot and the
proximity of said eroding coastal bank, and especially affecting this Property and not generally
the zoning district in which the Locus is situated, that a literal enforcement of the provisions of
Section 139-16A of the Nantucket Zoning Bylaw would involve substantial hardship, financial
and otherwise, to the Applicant and that relief would be in harmony with the general purpose of
the Zoning Bylaw and may be granted without substantially derogating from the intent of the
Bylaw and, as such, there are sufficient grounds upon which to base a grant of variance.
8. Accordingly, by a UNANIMOUS VOTE, the Board grants the VARIANCE under
Nantucket Zoning Bylaw Section 139-32 from the intensity regulations in Nantucket Zoning
Bylaw Section 139-16 to allow the Applicants to relocate their single-family as close as one (1)
foot from the front property boundary upon the following conditions:
(a) The relocation shall be done in substantial compliance with the plan entitled "Plot
Plan to Accompany Application to ZBA in Nantucket, Massachusetts," dated
December 5, 2008, prepared by Emack Surveying, attached hereto as "Exhibit A";
and
(b) No construction will take place between June 1 and the day after Labor Day of
any year.
SIGNATURE PAGE TO FOLLOW
DATED:
January /~ ,2009
Nantucket, Massachusetts
/
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Mic~l O'Mj' . /
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Carol Cross
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. January IS-, 2009
On this IS- day OfcJ~, 09, before me, the undersigned Notary Public,
personally appeared Mttr~ ~,,- , who is personally known
to me, and who is the person whose name is signed on the preceding or attached document, and
who acknowledged to me that he/she signed it VOluntari~;~ _
Notary Public: ~11/S;~ K, /If,rh''"-(''
My commission expires: MCLrcl1 c:ile'}. ~/ 3
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25538 :!: SF
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NOTES:
1.) THE 2 STY DWELLING DOES NOT CONFORM
TO CURRENT ZONING REQUIREMENTS
WITH RESPECT TO FRONT YARD SETBACK
2.) THE 1 STY w/F BLDG DOES NOT
CONFORM TO CURRENT ZONING WITH
RESPECT TO SlOE YARD SETBACK.
3.) SEE VARIANCE RECORDED AS LC DOC. 43121
4.) SEE RESTRICTION ON FACE OF L.C. CERT. 17087
CURRENT ZONING: SR-2
MINIMUM LOT SIZE: 20,000 SF
MINIMUM FRONTAGE: 75 FT
FRONTYARD SETBACK: 30 FT
SIDE AND REAR SETBACK: 10FT
ALLOWABLE G.C.R.: 12.5%
EXISTING G.C.R.: 11.3%:!:
EXISTING G.C. 2 STY DWELLING = 2490:t SF
EXISTING G.C. 1 STY BLDG = 400:t SF
PROPOSED G.C. 2 STY DWELLING = 2475:t SF
FOR PROPERTY UNE DETERMINATION THIS PLOT PLAN
REUES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT, REPRESENTED TO BE A TIllE
EXAMINATION OR A RECORDABLE SURVEY.
N.B. 15 83
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PLOT PLAN TO ACCOMPANY
APPLICATION TO ZBA IN
NANTUCKET, MASSACHUSETTS
SCALE: 1"=30' DATE:DEC 5, 2008
DEED REFERENCE: LC CERT.# 17087
PLAN REFERENCE: LC PL 12839-B
ASSESSOR'S REFERENCE:
MAP: 48 PARCELS: 19 & 20
PREPARED FOR: LAWRENCE C. &
. & MARGARET O. MCQUADE
EMACK SURVEYING
2 WASHAMAN AVENUE
NANTUCKET, MA. 02554
(508) 325-0940
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
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File No. ~ - ..ill!..-
i\lap ..i!t- Parcel~
This agreement to extend the time limit for the Board of "\ppeals to make a decision, hold a public hearing, or
to take other action concerning the application of:
Lawrence C. and Marqaret O. McOuade
Pursuant to the provislOns of the "\cts of 1987, Chapter 498, amending the State Zomng .\ct, Chapter 4(H of
the i\lassachusetts General Laws, .\pplicant(s)/Petitioner(s) and the Zoning Board of .\ppeals hereby agree to
extend the time limit
o For a public hearing on the application
o For a written decision
o For other action To exercise their oreviouslv qranted variance
Such application is:
o .\n appeal from the decision of any administrative official
o .\ petition for a special permit
o .\ petition for a variance
o "\n extension
o .\ modification
The new time limit shall be midnight on Julv 15 , 2010
a time 'mit set by statute or bylaw,
, which is not earlier than
,att mey, or agent for the "\pplicant represented to be duly authorized to act in this matter
ecuting this agreement waives any rights under the Nantucket Zoning Bylaw and the
mended, to the extent, but only to the e tent, inconsistent with this agreement.
z...,
Town Clerk Stamp:
Effective Date of "\greement
2 Fairgrounds Road
Nantucket Massachusetts
508-228-7215 telephone
02554
508-228-7298 facsimile