The URL can be used to link to this page

Home My WebLink About066-11 Stephen B. CohenN TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 .J' 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," 2 prepared by Charles W. Hart and Associates, Inc., dated August 29, 2011, attached hereto as "Exhibit A." SIGNATURE PAGE TO FOLLOW 3 r Dated: Dale Wane- Michael J. /0' Ma�ra Lii2r Botticelli J 1 us McC McCar th COMMONWEALTH OF MASSACHUSETTS ZAL Nantucket, ss. t P , 29" qq 2•« On thi 10 day of , 2444, 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. No ublic: • ('Cali .''''" My commission expires: ll b-W A" CURRENT ZONING CLASSIFICATION: Residential 2 (SR -2) EXISTING: MINIMUM LOT SIZE: 20,000 S.F. 12,407$.S.F. MINIMUM FRONTAGE: 75 FT. SEE. FLAN. , FRONT YARD SETBACK: 30 FT. SEE. PLAN, . SEE. PLAN, REAR /SIDE SETBACK: 10 FT. , GROUND COVER % : 12.5% SEE PLAN, , A 48 -33 n/f R.S. MACKEY a o 1295 EXISTING oopp pp0 \ro STONE WALL EXISTING 2 STY W/F BUILDING 1,574± S.F. (FOUNDATION) 0 48 -28 n/f SANKATY HEAD GOLF CLUB INC. I CERTIFY, AS THE BUILDINGI GROUND AS S , THAT 7N 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 0 GRAVEL DRIVE 7 x 17 PARKING SPACII � o 0 EXISTING oo STONE WALL o i c� 12�.2G l 48 -35 n/f H.E. & L. G. HERRICK fll BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. SCALE: I"= 30' DATE. AUGUST 29, 2011 Owner: ..... . STEPHEN. B. _COHEN. _ .. .. . _ Deed: .. CERT.. 21113 Plan: L.0 • 36509 -8; • 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