HomeMy WebLinkAbout060-10 Walker, James & Deborah
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET,MA 02554
CASE NO. )&0 - l ()
FEE: "S300.00
APPLICATION FOR RELIEF
Owner's name(s): James and Deborah Walker
Mailing address: 337 Guard Hill Road, Bedford, NY 10506
Applicant's name(s): -same-
Mailing address:
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Locus address: 104 Baxter Road Assessor's MaplParcel: M~p' 48. P~cel 40
Land Court PlanIPlan Book & PagelPlan File No.: Plan File 47-K Lot No.: 1 ~
Book 584
Date lot acquired: 1998 Deed Ref./Cert. of Title: p.qP;P 1Q Zoning District: LUG-3
Uses on Lot - Commercial: None..!.... Yes (describe)
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Residential: Number of dwellings 1 Duplex_ Apartments
Building Date(s): All pre-date 7/72? or
Building Permit Nos: 2002-1002; 311-07
Previous Zoning Board Application Nos.: 030-01
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
Rental Rooms
C ofO(s)? Yes
Applicant seeks variance relief pursuant to Nantucket Zoning By-Law 139-16A. Applicant
wishes to construct a 476 sq. foot addition to his home at 104 BAxter Road. The existing
home contains 1595t sq. feet of ground cover (8.4%) and has the benefit of variance
relief issued by Nantucket Board of Appeals in Case No. 030-01. That variance provides that
no additional construction is allowed without further relief from the Board of Appeals.
If variance relief is granted applicant woul~ construct a 476t sq. foot addition bringing
the total ground cover on the Lot to 2,07 sq. feet on a Lot where 1,500 sq. feet is the
maximum.
I certify that the information conta. ed herein is substantially complete and true to the best of my
knowledge, under the pains and p alties of perjury.
SIGNATURE: Applicant Attorney/Agent ,/
(If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board)
FOR ZBA OFFICE USE
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Hearing(s) held on:---1---1_ Opened on:---1~_ Continued to:~~_ Withdrawn?:~~_
DECISION DUE BY:~~_ Made:_/~_ Filed wIT own Clerk:~~_Mailed:~~_
DECISION APPEALED?:~~_ SUPERIOR COURT: LAND COURT Form 4/03/03
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LEGEND
t:l DENOTES POINTED GONG. BOUND FOUND
19,036:!:S.F.
'SIOE' plAN .
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10.9% :!:
48-39
N/F
MA ITESON
CURRENT ZONING ClASSIFICATION:
Limited Use General 3 (L.U.G.-3) EXISTING:
MINIMUM LOT SIZE: 120,000 S.F.
MINIMUM FRONTAGE: 200 FT.
FRONT YARD SETBACK: 35 FT.
REAR/SIDE SETBACK: 20 FT.
GROUND COVER % : 3%
PROPOSED GROUND COVER % :
.PROPOSED ADDITION = 476:J:S.F.
*SEE ZBA DECISION DEED BK. 704 PG. 265
48-48
N/F
JUDY
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THIS PLOT PLAN WAS PREPARED FOR THE TOWN
OF NANTUCKET ZONING BOARD OF APPEALS ONLY AND
SHOULD NOT BE CONSIDERED A PROPERTY LINE
SURVEY. THIS PLAN SHOULD NOT BE USED TO
ESTABLISH PROPERTY LINES, FENCES, HEDGES OR
ANY ANCILLARY STRUCTURES ON THE PREMISES.
THE PROPERTY LINES SHOWN RELY ON CURRENT
DEEDS AND PLANS OF RECORD.
THIS PLOT PLAN IS NOT A CERTIFICATION AS TO
TITLE OR OWNERSHIP OF THE PROPERTY SHOWN.
OWNERS OF ADJOINING PROPERTIES ARE SHOWN
ACCORDING TO CURRENT ASSESSOR RECORDS.
ASSESSOR MAP: . .4.8. . ,PARCEL: 40
GRAPHIC SCALE
SITE PLAN TO ACCOMPANY
ZONING BOARD OF APPEALS
APPLICATION
IN NANTUCKET, MASS.
SCALE: 1"= 30' DATE: SEPTEMBER 28, 2010
JAMES E. WALKER,III
Owner: Qe;:~o.RAM. C.. WA~K.ER
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90'
LOT 1
Deed: . SK.. .564: I?G. .3~. Plan: . PlFI,.. .47-:K.
Locus: . . . #1 Q4. ~f\0T~~ .R9f\~. . . .
BLACKWELL and ASSOCIATES, Inc.
Professional Land Surveyors
20 TEASDALE CIRCLE
NANTUCKET, MASS. 02554
(508) 228-9026 B5763
V:\DAAWfllES\B5763\ZIlA 2010 REVlSEO.dwg 9/28/2010 3:10:40 PII EDT
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
December 28, 2010
Date:
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
060-10
Owner/Applicant:
JAMES AND DEBORAH WALKER
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 (2 ys.
Chairman
cc:
Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
E
i/
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.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 48, Parcel 40
104 Baxter Road
Limited Use General - 3
Plan file 47-K, Lot 1
Book 584, Page 39
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, November 18, 2010, at 1:00 P.M., at 2
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of JAMES AND DEBORAH
WALKER, of 337 Guard Hill Road, Bedford, NY 10506, File No. 060-
10:
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). The Applicant is requesting to construct a 476
square foot addition which will bring his ground cover to 2,071
square feet where 1,500 square feet is the maximum ground cover
allowable. The Applicant received a variance in 2001 to relocate
the structure to the Locus and exceed the existing ground cover.
The Locus is situated at 104 Baxter Road, is shown on Nantucket
Tax Assessor's Map 48 as Parcel 40, is shown on Plan File 47-K,
and title is recorded at the Nantucket County Registry of Deeds
in Book 584, Page 39. The property is zoned Limited Use General
- 3.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
recei ved at our public hearing. There was no Planning Board
recommendation, on the basis that no matters of planning concern
were presented. One abutter contacted the staff requesting that
should the relief be granted, it be granted with the condition
that there shall be no exterior work between Memorial Day and
Labor Day of any year. Another abutter was represented by
counsel who spoke against the application at the hearing.
1
4 .
Attorney
Variance
from the
Attorney Richard Glidden represented the Applicants.
Glidden stated that the Applicants are requesting
relief pursuant to Nantucket Zoning Bylaw Section 139-32
intensity regulations found in Section 139-16.
Attorney Glidden informed the Board that the Applicants are
requesting this relief in order to construct a 476 square foot
addition to the existing structure. This addition will bring the
ground cover to 2,071 square feet where 1,500 square feet is the
maximum ground cover available.
The Locus has the benefit of variance relief issued by the Board
of Appeals in Decision No. 030-10 and provides the condition that
no additional construction is allowed without further relief from
the Board of Appeals. Accordingly, the Applicants are applying
to the Board of Appeals for relief.
5. Attorney Whitney Gifford, representing Paul Judy, an
abutter, spoke against the application stating that there are no
grounds for Variance relief as the Locus is on the opposite side
of Baxter Road as the bluff and the Locus is already above the
allowable ground cover ratio. Accordingly, Attorney Gifford
urged the Board not to grant the requested Variance relief.
6. Therefore, after a discussion with the Counsel for the
Applicant, 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 Nantucket
Zoning Bylaw Section 139-32 would not involve a substantial
hardship to the applicant and that desirable relief may not be
granted without substantial detriment to the public good and
would nullify and substantially derogate from the intent of such
a bylaw. The Board came to this finding because although the
increase in ground cover would be minor, the Applicant is already
over the allowable ground cover by Variance relief and there are
no extenuating circumstances relating to the soil conditions or
shape of topography of the Locus that would warrant this Variance
relief because the Locus is situated on the Westerly side of
Baxter Road and is not in imminent danger of coastal erosion.
7. Accordingly, a motion was made to approve the requested
relief by Variance and by a vote of ONE in favor and FOUR opposed
(O'Mara, Koseatac, Botticelli, and Toole) the relief was not
granted for lack of a super majority.
SIGNATURE PAGE TO FOLLOW
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Dated: J{)JlLl~ ~ , 2011
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. L4-, 2011
day OfJaJ1, 2011, before me, the undersigned Notary Public, personally appeared
~a , 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.
~~~~
otary Public: V..t+1t" $'GoiL 1(. t\..ftoyY
My commission expires: Na/l..L" c?C}., ;;>0 13
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