HomeMy WebLinkAbout066-11 Stephen B. CohenNANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
FEE: $300.00 CASE NO. 06� — �
APPLICATION FOR RELIEF
Owner's name(s): Stephen B. Cohen
Mailing address: 4530 Kingle Street NW, Washington, DC 20016
Applicant's name(s): Same
Mailing address:
Locus address: 116 Baxter Road and 117 Baxter Road Map/Parcel: Map 48, Parcel 34 and Map 48, Parcel 9
Land Court Plan/Plan Book & Page/Plan File No.: Lot 2, Land Court Plan No. 36509 -B
Date lot acquired: 4/23/98 Certificate of Title No.: 21113 Deed: Book 575, Page 163 Zoning
District: LUG3
Uses on Lot – Commercial: None X Yes (describe)
Residential: Number of dwellings 1 Duplex Apartments Rental Rooms
Building Date(s): All pre -date 7/72? or 1979 C of O(s)? 913 -79 (at 117 Baxter Road)
Building Permit Nos: 423 -05 (move off 117 Baxter Road) 424 -05 (move onto 116 Baxter Road)
Previous Zoning Board Application Nos.: 027 -05
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:
See attached addendum.
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: ---p
/-% t� -- , , ) r'�
(If not owner or owner's attorney
Application received on:—/— / By:
Applicant Attorney /Agent
enclose oof of agency to bring this matter before the Ba
FOR ZBA OFFICE USE
Complete: Need copies ?:
�.*l
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Hearing(s) held on:_/ / Opened on: / / Continued to: / / Withdrawn ?: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: / /
DECISION APPEALED?:—/—/— SUPERIOR COURT: LAND COURT Form 4/03/03
Addendum
Stephen B. Cohen
Board of Appeals Application
116 and 117 Baxter Road, Siasconset, Massachusetts
Applicant seeks to modify the Variance relief granted in Case
No. 027 -05 and in addition or in the alternative seeks relief by
Special Permit under Nantucket Zoning By -law (the "By- law ")
§§139 -30 (Special Permits), 18.B (Off- Street Parking
Requirements), and to the extent necessary, §139 -20.1 (Driveway
Access), to waive the two (2) off - street parking spaces required
in this Limited Use General 3 (LUG3) zoning district for the
property at 166 Baxter Road and to allow the provision of one
17'x7' parking space parallel to Baxter Road on the 116 Baxter
Road property, all as shown on the plan submitted with the
application. In the alternative, Applicant seeks a special
permit under By -law §139- 18.B(1) to allow one or both of the
required parking spaces to be located upon the Applicant's
property at 117 Baxter Road, across Baxter Road from the 116
Baxter Road property.
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SUBDIVISION PLAN OF LAND IN NANTUCKET
Schofield Brothers, Inc., Surveyors
March 9, 1972
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Subdivision of Land
Shown► on Plan 36509A
Filed with Cart, of Title No. 6306
Registry District of Nantucket County
Separate certificate$$ of tit le may he issued for /and
shown herew asI-et't-G-zAA----------------------
By the Court. Q
A&Y,Z. LYZZ RecordeO;r
Form WXS -0. Xwl -n
365098
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Copy of ppealt cf Phan
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LAND RE61STRAT /ON OFF /CE
MAY 23, /972
Scale of this plan 60 feet to an inch
AL. Woodbury, Enyheer & C-rt-
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CURRENT ZONING CLASSIFICATION:
Residential 2 (SR -2)
EXISTING:
MINIMUM LOT SIZE: 20,000 S.F.
12,407 ±.S.F
MINIMUM FRONTAGE: 75 FT.
SSE• PAN
FRONT YARD SETBACK: 30 FT.
SEE• PLAN_
REAR /SIDE SETBACK: 10 FT.
SEE PL M'
GROUND COVER % 12.5%
SEE PLAN•
48 -33
n/f
R.S. MACKEY
12 ' EXISTING 0000
�\NO STONE WALL
EXISTING
2 STY W/F
BUILDING
1,574± S.F.
(FOUNDATION)
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48 -28 '
n/f
SANKATY HEAD GOLF CLUB INC.
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EXISTING
)NE WALL l�
48 -35
n/f
H. E. & L. G. HERE
°f�qs �r
BUILDING L 0 C.
I CERTIFY, AS C� LE, 1 �. THAT OF LANL
THE BUILDING( I /ARkj!LOCA N THE
GROUND AS Ski N HW. W. —°�, NANT UCKE7
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N .3 `A9
4' s,, SCALE: 1 "— 30' DATI
PROFESSIO%!A ' %- LAdV.Q ; R EYOR
Owner: . . . . . . STEPHEN. B. C
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
RECEIVED
BOARD OF ASSESSORS
AUG 03 2011
TOWN OF
NANTUCKET MA
PROPERTY OWNER: Stephen B Cohen
MAILING ADDRESS: c/o Sarah F Alger P.C., 2 South Water Street Nantucket, MA 02554
PROPERTY LOCATION: 116 Baxter Road and 117 Baxter Road
ASSESSORS MAP/PARCEL: 48 -34 and 48 -9
SUBMITTED BY: Sarah F Alger P.C. 508 -228 -1118
SEE ATTACHED PAGES
I certify the foregoing is a list of persons who are owners of abutting the 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 300 feet of the property line of owner's property, . all as they appear
on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139 -29D (2)
DAT
/S2SES4SOR'S OFFICE
TOWN OF NANTUCKET
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: January 18, 2012
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No
Owner /Applicant:
066 -11
STEPHEN B. COHEN
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.
Edward S. Toole, 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.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 48, Parcels 34 Lot 2, Land Court Plan No.
and 9 36509 -B
116 and 117 Baxter Road Deed Book 575, Page 163
`Sconset Residential - 20 Certificate of Title No. 21,113
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, October 13, 2011, at 1:00 P.M., at 4
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of STEPHEN B. COHEN, 4530
Klingle Street NW, Washington, DC 20016, File No. 066 -11:
2. Applicant is requesting a Modification of the existing
Variance relief in Decision No. 027 -05 and, to the extent
necessary, Special Permit relief pursuant to Nantucket Zoning
Bylaw Section 139 -30 (Special Permits) from the requirements in
Section 139 -18.B (Off- Street Parking Requirements) and Section
139 -20.1 (Driveway Requirements) in order to waive the two (2)
off - street parking spaces required in the `Sconset Residential -
20 zoning district and to allow the provision of one (1) 17' x
7' parking space parallel to Baxter Road on the 116 Baxter Road
property. In the alternative, Applicant seeks a special permit
under By -law §139- 18.B(1) to allow one or both of the required
parking spaces to be located upon the Applicant's property at
117 Baxter Road, across Baxter Road from the 116 Baxter Road
property. The Locus is situated at 116 and 117 Baxter Road,
Siasconset, is shown on Nantucket Tax Assessor's Map 48 as
Parcels 9 and 34, is shown as Lot 2, Land Court Plan No. 36509 -
B, is recorded at the Nantucket County Registry of Deeds in Book
575, Page 163, and is registered as Certificate of Title No.
21113 in the Nantucket County Registry District of the Land
Court. The property is zoned `Sconset Residential - 20.
3. Our decision is based upon the application and
accompanying materials, representations, and testimony received
at our public hearing. There was no Planning Board
recommendation on the basis that no matters of planning concern
1
were presented. There were no letters in favor of or in
opposition to the Application.
4. Attorney Sarah F. Alger represented the applicant at
the hearing. Attorney Alger explained to the Board that the
applicant is requesting a modification to the existing ZBA
Decision No. 027 -05 and, to the extent necessary, Special Permit
relief pursuant to Nantucket Zoning Bylaw Sections 139 -18.B.
(off- street parking) and 139 -20.1 (driveway regulations) in
order to waive the two (2) off - street parking spaces required in
the SR -20 zoning district and to allow for one (1) 17' by 7'
parking space parallel to Baxter Road on the 116 Baxter Road
property.
In the alternative, the applicant is requesting Special Permit
relief pursuant to Section 139- 18.B.1) to allow one or both
parking spaces on the applicant's property at 117 Baxter Road.
117 Baxter Road is across the street from 116 Baxter Road and is
the bluff -side of the road.
The proposed parallel space is outside the road layout and is on
the 116 Baxter Road property.
5. Therefore, after a discussion with the Applicant and
Counsel for the Applicant, the Board finds that such a
modification of the Variance relief in Decision No. 027 -05 and a
Special Permit are in order to waive the two (2) off - street
parking spaces required in the `Sconset Residential - 20 zoning
district and to allow the provision of one (1) 17' x 7' parking
space parallel to Baxter Road on the 116 Baxter Road property
would be in harmony with the general purpose and intent of the
Zoning Bylaw.
6. Accordingly, by a UNANIMOUS vote of the sitting Board,
the Board of Appeals made the finding that a modification of
the Variance relief in Decision No. 027 -05 is warranted and
would not affect the intent of the relief originally granted,
the basis for such relief remaining, and that a Special Permit
would be in harmony with the general purpose and intent of the
Zoning Bylaw, and granted the requested relief, waiving the two
(2) off - street parking spaces required in the `Sconset
Residential - 20 zoning district and allowing the provision of
one (1) 17' x 7' parking space parallel to Baxter Road on the
116 Baxter Road property, subject to the condition that the
parking space be sited as shown on the attached site plan
entitled, "Building Location Plan of Land in Nantucket, Mass,"
I
prepared by Charles W. Hart and Associates, Inc., dated August
29, 2011, attached hereto as "Exhibit A."
SIGNATURE PAGE TO FOLLOW
3
ad
Dated: lI
Dale Wane ---
COMMONWEALTH OF MASSACHUSETTS
Z0%L
Nantucket, ss. t 11 20"
On thi 0 day of 244-1, before me, the undersigned Notary Public, personally appeared
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.
N oWyePiub lic: r (trap
My commission expires: q /'h /zo ' 4
0
CURRENT ZONING CLASSIFICATION:
Residential 2 (SR -2)
EXISTING:
MINIMUM LOT SIZE: 20,000 S.F.
MINIMUM FRONTAGE: 75 FT.
SEE
FRONT YARD SETBACK: 30 FT.
PLAN •
SEE, PLAN,
REAR /SIDE SETBACK: 10 FT.
GROUND COVER % 12.5%
SEE, PLAN, ,
A, 48 -33
n/f
R.S. MACKEY
a
0
12�g5 EXISTING oopO �°O
N STONE WALL �/0
EXISTING
2 STY W/F
BUILDING
1,574± S.F.
(FOUNDATION)
\INC. 48 -28
SANKATY HEADn GOLF CLUB
I CERTIFY, AS
THE BUILDING
GROUND AS E
, THAT
)N THE
THIS PLOT PLAN WAS PREPARED FOR THE TOWN
OF NANTUCKET BUILDING DEPARTMENT 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 ASSESOR RECORDS.
ASSESSOR MAP: . . 48. . , PARCEL: . 34
-,�' EXISTING
STONE WALL
12'20
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GRAVEL DRIVE
7 x 17
O PARKING SPACEI
48 -35
n/f
H. E. & L. G. HERRICK Ill
BUILDING LOCATION PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: 1"-- 30" DATE: AUGUST 29, 2011
Owner: .. .. .. STEPHEN, B. ,COHEN. • . ,
Deed: CERT._ 21113_ ,plan; L.C,36509 -6;, LOT 2.
Locus: ....... #116 BAXTER ROAD. ,
CHARLES W. HART and ASSOCIATES, Inc.
Professional Land Surveyors
8 WILLIAMS LANE
NANTUCKET, MASS. 02554
(508) 228 -8910
H -6145