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Home My WebLink About071-08 Furrow d CD TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 --:3 --..- I'J ~'l ::> APPLICATION Fee:. $300.00 File No. bll - 01 Owner's name(s): Ann B. Furrow Mailing address: c/o Vaughan, Dale and Hunter, PO 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: 99 Baxter Road Assessor's Map/Parcel: 48/18 Land Court Plan/Plan Book & Page/Plan File No.: ~Certificate of Title: 18547 Zoning District SR-2 Uses on Lot- Commercial: None--25.... Yes (describe) Residential: Number of dwellings 1 Duplex Date of Structure(s): all pre-date 7/72 X or Apartments Building Permit Numbers: Previous Zoning Board Application Numbers: BOA File # 027-88 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: Please 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: Applicant/Attorney / Agent* *If an Attorney or oth proof of agency. resenting the Owner or the Applicant, please provide a signed OFFICE USE ONLY Application received on:-1-1_ By:_ Complete:_ Need Copies:_ Filed with Town Clerk:J _/ _ Planning Board:J _/ _ Building Dept.:J J _ By:_ Fee deposited with Town Treasurer:_/ J _ By:_ Waiver requested:_ Granted:-1-1_ Hearing notice posted with Town Clerk:_/ J _ Mailed:-1-1_ I&M-1_/ _ &-1-1_ Hearing(s) held on:_/ -1_ Opened on :-1-1_ Continued to:-1-1_ Withdrawn:-1_/ _ Decision Due By:---1---1_ Made:-1-1_ Filed w/Town Clerk:_/ _/ _ Mailed:---1-1_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-721'5 telephone 508-228-7298 facsimile ADDENDUM TO THE APPLICATION OF ANN B. FURROW ANN B. FURROW seeks 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 garage/apartment. The Premises are located in the SR-2 Zoning District. The Premises is shown as Lot B on Land Court Plan I 4263-A and further described in the Nantucket Assessors Book on Map 48 as Parcel 18. With respect to Lot Area, the Premises is comprised of a single lot containing approximately 24,829 +/- square feet in a zoning district with a minimum area requirement of 20,000 square feet. The garage/apartment 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. 027-88, in a zoning district with a required front zoning yard of thirty (30') feet. In all other respects, the Premises conform with the dimensional requirements of the zoning by-law for the Sconset-Residential 2 District. Applicant proposes to move a storage shed from an abutting property to Locus, said shed being subject to coastal bank erosion in its current location and therefore in danger of being lost over the bank and falling onto the beach in the event of further erosion. As proposed, the relocated storage shed will be one (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 storage shed as relocated will be approximately eight feet from the paved portion of Baxter Road and situated behind a 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 ofthe storage shed to an eroding coastal bank) and especially affecting 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. 000149 101,180 QUITCLAIM DEED SAMUEL J. FURROW and ANN B. FURROW, joint tenants with right of survivorship, of5300 Turtle Point Lane, Knoxville, Tennessee 37919 for consideration paid and in full consideration of NO DOLLARS ($0.00) (Exempt transfer to spouse) grant to ANN B. FURROW, individually, of 5300 Turtle Point Lane, Knoxville, Tennessee 37919 with QUITCLAIM COVENANTS, That certain parcel of land with all improvements thereon situate at 99 Baxter Road, Siasconset, Nantucket, Massachusetts, bounded and described as follows: WESTERLY by Atlantic Street, one hundred sixty-six and 65/100 (166.65) feet; NORTHERLY by a way twenty (20) feet wide, one hundred fifty ,and 40/1 00 (150.40) feet; EASTERLY by land now or formerly of the Inhabitants of the Town of Nantucket, Trustee, one hundred sixty-four and 481100 (164.48) feet; and SOUTHERLY by land now or formerly of Lewis C. Henry, one hundred fifty and 95/1 00 (150.95) feet. All of said boundaries are determined by the Court to be located as shown upon plan numbered 14263-A, drawn by J. H. Robinson, Surveyor, dated April 1930, filed with Certificate of Title No. 1818 at the Registry District of Nantucket County. Said land is shown thereon as Lot B. So much of the above described land as is included within the limits of the fifty (50) foot strip adjoining the easterly line of Atlantic Street is subject to such rights of way as may legally exist. Said land is subject to County of Nantucket Order of Taking dated October 29, 1975, registered as Document No. 16534 in the Nantucket Registry District. Subject to a Nantucket Board of Appeals Special Permit and Variance dated April 8, 1988, registered as Document No. 44395 at said Registry District. 000150 '1014BO For Grantor's title, see Certificate ofTitIe No. 18547, registered as Doc. 81739 at the Nantucket Registry District. ~ WI1NESS our hands and seals as of the a t y of 2003. L~,q-~ ANN B. FURROW STATE OF TENNESSEE COUNTY OF KNOX On this Z\&- day of t"(\ Qrc.'--t , 2003, before me personally appeared SAMUEL J. FURROW and wife, ANN B. FURROW, to me known to.b~ the persons described in and who executed the foregoing instrument,.;:':~an(t,- acknowledged that they executed the same as their free act and deed. .. ,j, C . /) :';~>,~.,"";~''',~~,,~~;,::~;~- . ebI-k:..u. Y"7<;~!' ',':;; __ Notary Pubhc .. . ',' ",. ',' i,l ; C':" . ...V\.....::.. :, :~.. <,~/ My Commission Expires: /f// ~ 10(.;, ',. . " . . , .r l J : .\~\\ . ~. ~.. \ ~ mag/can:D 0037/Real &tate twmJeKETLANO IWI( CER6rMl11 o.....~ l3'eIIJll' C. ~ 2 , Jt 5 I 00 BoA Form 2-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 Hi:'(;EJVbJ BOARD OF ASSESSORS OCT 0 7 2008 ASSESSOR'S LIST OF PARTIES IN INTEREST TOWN OF NANTUCKET, MA PROPERTY OWNER: ~Y\ e. ~ APPLICANT FOR RELIEF (SAME? L) : ADDRESS OF PROPERTY, ~ iSA~ \ILJA\)I~P.W~ ASSESSOR'S MAP - PARCEL: ~-e - \~ * * LIST OF PARTIES INCLUDING ADDRESSES * (OR SEE ATTACHED ~): " -- : certify that the. fOl:';egoing (or the attached ) lists all persons, ;atural or legal, who are owners of abutting property, owners of land ,irectly oppqsite on any public or private street or way; and abutters of he 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 he most recent applicable tax list [per M.G.L. c.40A, ~11 and Zoning Code h..aP. ter 139, U39-29D{2)]. ~ - -. 4:~ IlL. f !l()/Jp! . ~ a :ite ~ ' Assessor's Office ,/ Town of Nantucket ~OTE: Applicant (Petitioner) should include with the lot for which zoning ~lief is sought, any co~only-owned abutting l~ts which might become Ivolved in the zoning m~tter. List map and parcels for each abutter. Submitted by Vaughan an~ .~:~,~P. C. 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Uita. b..ility for in. diVidua. .'.. needs, All information is from the Town of Nantucket GeOg~Phi~~~=~_~ sY~em~:::::J Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo ~ #\- .~ '-.', Page I ot 1 '\ \ \ \. 488 \ \ '~~ u~\ "" ~ .~_'_ ---__.___1 Map Composed 10/7/2008 I .J Town of Nantucket, Massachusetts http://host.appgeo.comlnantucketmaIPrintableMap.aspx?Preserve= Width&Map Width=230... 1017/2008 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 c5 \D ,-; .., ,.., = "JJ "J :-.. Date: February 13 ,2009 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 071-08 Owner/Applicant: Ann B. Furrow 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. ~~ ~ b:~ (385) Michae 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, December 11, 2008, in the Garage Area, 2 Fairgrounds Road, Nantucket, Massachusetts 02554 on the Application of Ann B. Furrow, c/o Vaughan, Dale, and Hunter, P.O. Box 659, Nantucket, MA 02554, Board of Appeals File No. 071-08, the Board made the following decision: 1. The Applicant is 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 garage/apartment is located sixteen (16) feet at its closest point from the front yard lot line, pursuant to a Variance granted in Zoning Board of Appeals File No. 027-88, in a zoning district that requires a thirty (30) foot front yard setback. The Applicant proposes to move a storage shed from an abutting property to the locus. As proposed, the relocated storage shed will be one (1) foot at its closest point from the front property boundary in a zoning district that requires a thirty (30) foot front yard setback. The site is located at 99 Baxter Road, is shown on Nantucket Tax Assessor's Map 48, Parcel 18, and is recorded at the Nantucket County Registry of Deeds as Certificate of Title No. 18547. 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 Applicant is requesting a Variance pursuant to Nantucket Zoning Bylaw Section 139- 32 (variances) from the requirements of Nantucket Zoning Bylaw Section 139-16 (intensity regulations). The Locus is presently improved by a single family wood-framed garage/apartment. The garage/apartment is located approximately sixteen (16) +/- feet at its closest point from the front yard property boundary, pursuant to a Variance granted by the Nantucket Zoning Board of Appeals in File No. 027-88, in a zoning district that requires a thirty (30) foot front yard setback. The Locus and Premises otherwise conforms to all dimensional requirements of the Zoning Bylaw. The Applicant proposes to move a storage shed from an abutting property to the Locus. Said shed is subject to severe coastal erosion and is in danger of being lost over the bank and falling onto the beach in the event of further erosion. As proposed, the relocated shed will be two (2) +/- feet at its closest point from the front property bound. 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 the storage shed from the abutting lot no closer than (2) feet 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 November 7, 2008, prepared by Emack Surveying, attached hereto as "Exhibit A"; and (b) No construction will take place between May 15th and September 15th of any year. SIGNATURE PAGE TO FOLLOW DATED: ~brUtllt I . T~ml1ary '/ ~ , 2009 Nantucket, Massachusetts iJ~ ara Carol Cross Nantucket, ss. COMMONWEALTH OF MASSACHUSETTS !fjy)'H'1-U 1 ..JaIluary _, 2009 On this / J day of ~k' 2009, before me, the undersigned Notary Public, personally appeared ~rL /1Ic:) , 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 voluntarily for its stated purpose. NO~~~6C~ My commission expires: Nal-c tl do;" ;A;:'/..3