HomeMy WebLinkAbout037-10 1908 Realty Trust
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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Date:
July 12, 2010
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
037-10
Owner/Applicant:
William F. Hunter, Trustee of
1908 Realty Trust
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 1?ZS) ~ ( J6&l
~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.
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NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
47 Monomoy Road
Assessor's Map 54, Parcel 295
Land Court Plan 14029C
Certificate of Title No. 23525
Limited Use General - 1
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals on
Thursday, June 10, 2010, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket,
Massachusetts, the Board made the following Decision on the Application in
Zoning Board of Appeals File No. 037-10 of William F. Hunter, Trustee of the
1908 Realty Trust, cj 0 Vaughan, Dale, Hunter, Stetina, and Beaudette, 2
Whaler's Lane, PO Box 659, Nantucket, MA 02554.
2. Applicant is requesting Variance relief pursuant to Nantucket
Zoning Bylaw Section 139-32 (variances) from the intensity regulations in Section
139-16 (intensity regulations - ground cover) to relocate his single-family
dwelling and garage from the eroding coastal bluff located at 85 Baxter Road to a
vacant lot located at 47 Monomoy Road. 47 Monomoy Road is in the Limited
Use General - 1 zoning district and has a maximum ground cover ratio of 7%.
Siting both the single-family dwelling and the garage on the locus will increase
the ground cover ratio to 7.17%. In the alternative, the Applicant is requesting
Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.D.(1)
(changing to conforming use) to allow the work to be performed. The locus and
the structures will otherwise conform to all intensity regulations. The site is
located at 47 Monomoy Road, is shown on Nantucket Tax Assessor's Map 54 as
Parcel 295, is shown on Land Court Plan 14029C, and is registered as Certificate
of Title No. 23525 in the Nantucket County Registry District of the Land Court.
The site is zoned Limited Use General-I.
3. Our Decision is based upon the Application and accompanying
materials, representations and testimony received at our public hearing. The
Planning Board made no recommendation as this was not a matter of planning
concern. There was one letter in support of the Application on file.
4. At the hearing, Attorney Bill Hunter represented the Applicant.
Attorney Hunter informed the Board that the Applicant is requesting Variance
relief pursuant to Nantucket Zoning Bylaw Section 139-32 from the intensity
regulations found in Section 139-16. The Applicant is requesting Variance relief
pursuant to Nantucket Zoning Bylaw Section 139-32 from the intensity
regulations in Section 139-16. Specifically, the Applicant is requesting variance
relief in order to relocate his single-family dwelling and garage from the eroding
coastal bluff located at 85 Baxter Road. The Applicant is relocating his structure
and would like to bring both the garage and primary dwelling to 47 Monomoy
Road.
The Applicant is relocating his house to 47 Monomoy Road which is in the
Limited Use General - 1 zoning district. The maximum ground cover ratio for
the Limited Use General - 1 zoning district is 7%. Should the Applicant be
allowed to relocate both the house and the garage to 47 Monomoy Road, then the
ground cover ratio will be approximately 7.17%. In the alternative, the Applicant
is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section
139-33.D. However, it is the opinion of the Zoning Enforcement Officer that this
section may not be relevant to the application at hand as the locus is changing.
The Board asked what unique topographical and geographic circumstances
warranted the Variance relief for this application. Attorney Hunter stated that
this was a unique situation and had neighborhood support and Variance relief
could be granted without substantially derogating from the purpose and intent
of the Bylaw.
5. Therefore, the Board finds that owing to circumstances relating to
the soil conditions, shape or topography of such land or structures and especially
affecting 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
not involve substantial hardship, financial or otherwise, to the Applicant, and the
desirable relief may not be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent or
purpose of such a bylaw because the Board found that relocating a single-family
dwelling and garage to a new lot is a reason to grant Variance relief for an
increase in the allowable ground cover in the Limited Use General - 1 zoning
district.
6. Accordingly, by a motion made and duly seconded to GRANT the
requested V ARIANCE pursuant to Nantucket Zoning Bylaw Section 139-32 from
the intensity regulations in Section 139-16 to allow the Applicant to relocate the
garage from 85 Baxter Road to 47 Monomoy Road for a total ground cover of
7.17% on the locus there was ONE vote in favor (Cross) and FOUR opposed
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(O'Mara, Koseatac, Toole, McCarthy). Therefore, the requested Variance is not
granted for lack of a supermajority.
SIGNATURE PAGE TO FOLLOW
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Dated: ~ 7
,2010
Z:T~
KerIm Koseatac
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COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. July 7 ,2010
On this L day of Jy.Jy ~010, before me, the undersigned Notary Public,
personally appeared /{IIItLd 1'/J14A..tJ... , 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.
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Notary Public: V,h~~ K, ~r<
My commission expires: MlJieJr tI~ ~'O
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