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NANTUCKT ZONING
HOARD APPXAM
RANTHCICNT, SIAM —MMMTA 02 S 54
September 16, 1988
1
File No. (080 -88)
To: Parties in interest and others
Re: Decision in the Application of-
J. SEWARD AND JOYCE H. TOHN50M) TR.
Enclosed is the decision of the Board of Appeals which has
this day been filed with the Nantucket Town Clerk.
An appeal from this decisions 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 court within twenty (20) days after this
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.
William R. Sherman, Chairman
cc: Building Commissioner
Planning Board
Town Clerk.
f
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
At a public hearing of the BOARD 'OF APPEALS on Friday,
August 26, 1988 at 12:30 PM at the Town and County Building,
Nantucket, on the application (080 -88) of J. SEWARD AND JOYCE H.
JOHNSON, JR. with an address of Post Office Box 550, Princeton,
New Jersey 08542.
1. Applicant seeks a variance under the Zoning Code Section
�✓'
139--16A to construct a residence as shown on the Plan marked
Exhibit A attached hereto.
2. The premises are located at 31 Madaket Road, Nantucket,
Assessor Map 41, Parcel 40.8, Lot 3 on Plan recorded in Plan
Book 17, Page 81 in the Zoning District RESIDENTIAL -2.
3. Our findings are based upon the application papers, the
plan attached as Exhibit A which shows the proposed new
residence in relation to the structure to be torn down which
exists within the front yard setback and testimony and
representations made at public hearing. Using the frontage on
Madaket Road as the front yard, the existing structure is within
the 30 -foot required setback. The existing structure's closest
point is 16.7 feet from the front lot line on one corner and 21
feet from the lot line on the other corner. As shown on Exhibit
A the closest point for the new house is 21 feet from the lot
line (with the entry steps and reconfigured retaining walls
which are necessary because of the changing grade on the site
within that distance). The proposed residence is thus no closer
to Madaket Road than the current structure. Also shown on the
plan are a stable structure which pre- existed zoning and a
carriage house currently under construction.
4. Evidence was submitted at the public hearing regarding
the constraints on construction of a residence on this site.
Nantucket Conservation Commission has determined that the
portion of the site to the rear of the carriage house is within
100 feet of the wetland on the abutting property and therefore
they would restrict any construction in that area pursuant to
the wetlands protection act. In addition, the rear portion of
the lot is utilized as paddock area and placement of a dwelling
at the back of the property would severely restrict the area
available for such a use. The current use of the property is
for stabling of horses and horse drawn carriages. While a 20-
foot turning radius in the "staging area" for the carriages is
desirable, the applicant has suggested 18 feet would be
adequate. The proposed structure was designed to set as far
back from Madaket Road as possible and yet respect that turning
radius. There is a more than 6 -foot drop in grade from the
Madaket Road to the existing structure which allows the
structure, although close to the road, to be relatively hidden
from view. The proposed house would maintain that drop in grade
and is designed in such a way as to minimize the massing visible
from Madaket Road. No public comment was received in connection
with this application.
5. We therefore are able to fine} that the unique shape of
this lot (approximately 98 feet along Madaket Road, then
narrowing to approximately a 60 foot width before opening up
into the paddock area), the soil conditions given the wetlands
on the adjoining property and the unusual topography of the
steep grade immediately abutting Madaket Road affect this land
without generally affecting the zoning district. The use of the
property mandates that the residential structure be placed on
the forwardmost portion of the lot otherwise a substantial
hardship would result to the applicants because of their desire
to continue stabling horses and horse -drawn carriages on the
property. The siting of the proposed residence is farther away
from Madaket Road than the existing structure which will be torn
down. Given the del7aPidated condition of the structure which
will be removed and that the new structure will be constructed
in compliance with all applicable building codes in its place,
we find that allowing the new construction would not be o+orr
detriment4 to the public good but rather would enhance both the
appearance of the site and compliance with other laws without
derogating from the intent of the Zoning By -Law.
6. Having made the necessary findings for variance relief,
this Board by UNANIMOUS vote grants to the applicant a variance
under Section 139 -32a from the required 30-foot front - -yard
setback from Madaket Road on the condition that the new
construction be substantially in compliance with the plans
submitted to this Board on August 26, 1988 which are attached
hereto as Exhibit A.
DATED: September A091 1988
William R. Sherman
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held
on FRIDAY, AUGUST 5, 1988 at 3:30 p.m. in the TOWN AND COUNTY
BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli-
cation of J. SEWARD AND JOYCE H. JOHNSON, JR. (080 -88) seeking
a VARIANCE from the 30 -foot front -yard setback requirement of
SECTION 139 -16A , if necessary, to validate siting of a single -
family dwelling (a carriage house) under construction within
10 -feet of the easterly lot line bounding a way; alternatively,
if applicable,a SPECIAL PERMIT under SECTION 139 -33A to extend
the non - conforming residential use of the premises (structure
sited no closer than 16.7 feet from the street line of Madaket
Road) by adding the new dwelling. The premises are located
at 31 MADAKET ROAD, Assessor's Parcel 41- 040.8, Plan Book 17,
Page 81, Lot 3, zoned RESIDENTIAL -2.
illiam R. Sherman, Chairman
BOARD OF APPEALS
WA Form 1 -87
AAPELCATION"
NANTUCKET ZONING BOARD OF APPEALS ( "BOA ")
Owner's name(s): Mr. and Mrs. J Seward Johnson, Jr.
Mailing address: Post Office Box 550, Princeton, New Jersey 08542
No. Q �n- fr:f-
•applicant's name Same
Mailing address: Same
I.ocation of lot(s): Assessor's map and parcel: 41 -40.8
Street address 31 Madaket Road
Registry AXaXfL, PL BK & PG, XM2CXKL 17/81 Lot Deed ref 192/288
Subdivision 7/2/70 Endorsed _ /_ /_ ANR? X
Date lot(s) acquired: 7 /15/ 82 Zoning district Residential 2
Number of dwelling units on lot(s): 1 Rental guest rooms 0
Commercial use on lot(s): None MCD? no
Iuilding date(s): all pre -'72 zoning? or X973,1980,1988
Building permit application Nos.- and dates426 1973 1495 -80• C of 07 No
currenc permit - orYrTage house
Case No(s). or dates all prior BOA applications: None
'Mate fully all zoning relief sought together with all respective Code sections
and subsections, specifically, what you propose compared with present and
what grounds you urge, for BOA to make each finding per Section 139 -32A if
Variance, -30A if Special Permit, -33A if to alter or extend non - conforming
use, or to reverse Building Inspector by,;Appeal per -31A & B:
The applicant seeks a variance from the frontyard setback requirement of Section 139 -16A
rn validato the siting of the carriage house currently under construction within 10 feet of
the Way or, alternatively, a Special Permit pursuant to Section 139 -33A to alter the structure
that is sited no closer than 16.7 feet from Madaket Road.
Enclosures forming part of this Application: Supplement to above
Site /plot plan(s) x with present /proposed structures
Locus map x Floor plans gm= s =xt /proposed x Appeal record
Needed: areas frontage setbacks GCR% parking data
Assessor's certified addressee list (4 sets) Mailing -labels) (2_s_ets)�_
Fee check for $150.00 payable to Town of Nantucket x !'Cap" covenant
I certify that the re ste ration submitted is substantially complete
and tru t e est of y w e, u er pains and penalties'of perjury.!
Signat e: Applicant Attorney /agent x
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