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Home My WebLink About062-916�=2 - `?/ ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 Map 59.4 238 Madaket Road Parcel 119.1 11,875 R -2 At a Public Hearing of the ZONING BOARD OF APPEALS held at 1:00 P.M., Friday, November 15, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of ROBERT BAKER, of Box 2112, Nantucket, Mass. 02584, Board of Appeals File No. 062 -91, the Board made a Decision, and the following is my dissenting Opinion: 1. The Zoning Board of Appeals did not render a Decision. With only four (4) votes available, three (3) members made a finding for the particular viewing platform located at 238 Madaket Road for Robert Baker ONLY. 2. As the one (1) NO vote, I wish to state for the record that the Applicant, Mr. Baker, representing himself before us, stated in his opening remarks that he believes this viewing platform to be a structure. 3. Viewing platforms are located throughout the island unregulated. This issue needs to be before Town Meeting to determine the regulations concerning these structures that have multiple purposes, including observation, viewing, deer hunting, access for architects, realtors and prospective buyers of land. 4. These structures have no height limitations, no safety standards, no time limitations or temporary status, no location restrictions or setbacks, and are totally unregulated. 1 i" Ady Ann Balas 40 ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held at 1:00 P.M., Friday, October 18, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: ROBERT BAKER Board of Appeals File No. 062 -91 Applicant is seeking an Appeal and reversal under §139 -31A of the Zoning Bylaw of the Decision of the Building Commissioner dated August 9, 1991, received by Applicant on said date, a copy of which is appended hereto, ordering Applicant to cease and desist from an alleged violation of the Zoning Bylaw, specifically from construction of a platform, steps and deck without a permit. The lot is a vacant lot, and the construction is a viewing platform, which Applicant contends is not a structure within the definition of §139 -2 and is not prohibited on the premises. The premises are located at 238 MADAKET ROAD, Assessor's Map 59.4, parcel 119.1, as shown on Land Court Plan 3092 -88, Lot 763. The property is zoned R -2. t c Robert J. Le ter, Chairman BOA Form 1-39 UMTUCKET ZONING BOARD OF APPEALS ___ TOWN AND COUNTY BUILDING Date NANTUCKET, Pill 02554 CASE NO.(,,�yy� �Z- -Yl APPLICATION FOR RELIEF owner's name(s): Mailing addre ss: u Applicant's name: CGtiMe — -- Mailing address: Location of lot: Assessor's map and parcel number Street address: 3��L�e -� Kai Registry Land Ct Plan, Lot:] Date lot acquired: �1�/_�� Deed Ref 11 ,�� Zoni -ng district Pj -a Uses on lot - commercial: None K or -__ — i'CD ?- - number of: dwellingsjo duplex_ apartments_ rental room s Building date(s): all pre -3/72? _ or Building Permit appl'n. Nos. _ Case Nos. all BOA applications, lawsuits: C of 0? state fully all zonincj relief souglit and respective Code sections and subsections, specifically whet you prOPOSe compared to pre scut and what grounds you urge for BoA to make each finding per Sec.'l:inn 139 -32A if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nc >ncoi+ orming use) . If apl,,,scJ. per 1.39 -3�A & B , attach decision or orrd //er ap,)ealed. OK to attach addendum . &e_ A c+ d ,e-,J, -� Items enclosed as part of this Application: orderl- jC _ addendum' _ Locus maps Site plan X_ slhow.ing present `k -Iplannecl l( structure:; Floor plans present__ proposed_-__ elevations _ (lit)C approved. ) Listings lot area 1:runtaye mac setbacks y_ GCIt yL parking clam Assessor - certified addre ssec i c:;t 4 sets -yam ma l:urcj L+hcls 2 sets 200 fee payable to Town of proof 'r_.ap' cavcnant -_ (If an appeal, ask Town Clerk to send tsldg Comr's record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, wider the pains and penalties of perjur' 1 SIGNATURE' ,, ,,� Applicant Attorney /agent 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE, USE 1 Application copies reed: 4 ✓or_ for BOA onJ /K /2/1,y � J_/ One copy filed with Town Clerk on�f jp/ f by�ui L complete? _C-1-11 one copy each to Planning I3d and Building 'Dept_ /_�1�Y CL� $200 fee check, given Town Treasurer yyon- f6a hy��1 Waived ? ?_ Hearing notice posted �/ /_ inai1.ed G./ / I & 1 � ��1, L12/ Hearings) on�f% l/�y cont'd to--/___/__, —J— / -- withdrawn ?_J_ -J_ Decision due bye_/_ made _ _/__, filed TC_/_J_ mailed_J_/__ See related cases lawsu i.t_: — —___ -_ ot1_ ADDENDUM A Applicant is seeking an Appeal and reversal under §139 -31A of the Zoning Bylaw of the Decision of the Building Commissioner dated August 9, 1991, received by Applicant on said date, a copy of which is appended hereto, ordering Applicant to cease and desist from an alleged violation of the Zoning Bylaw, specifically from construction of a platform, steps and deck without a permit. The lot is a vacant lot, and the construction is a viewing platform, which Applicant contends is not a structure within the definition of §139 -2 and is not prohibited on the premises. N NOTICE OF BUILDING DEPARTMENT ZONING BY -LAWS VIOLATION TOWN BUILDING ANNEX 10 SOUTH BEACH STREET NANTUCKET, MASSACHUSETTS 02554 Ronald J. Santos Telephone 508 -228 -7222 Building Commissioner Tele Fax 508- 228 -7249 ORDER AND TO CEASE, DESIST, AND ABATE Mr. R. ROBERT BAKER order. , and all persons having notice of this As owner /occupant of the premises, located at 238 MADAKET ROAD , Assessor's Map 59.4 Parcell 19. 1 , and known as A STRUCTURE you are hereby notified that you are in violation of the Town of Nantucket Zoning By -Laws, CHAPTER 139, SECTION(s) 6 . and are ORDERED this date AUGUST 9, 1991 to: 1. CEASE AND DESIST immediately, all functions connected with this violation, on or at the above mentioned premises. CONSTRUCTION OF A P1 ATFOR',,I, STEPS ANi) DF(-Kc 1JTTPQ1TT summary A P R R 4 T T _ of violation 2. COMMENCE within FORTY- EIGHT( 48) hours, action to abate this violation permanently within SEVEN ( 7 ) days summary of — APPLY FOR PROPER PERMITS OR APPEAL TO BOARD OF APPEALS action to abate FOR A RULING. and if aggrieved by this order; to show cause as to why you should not be required to do so, by filing with Clerk of the Town of Nantucket, a Notice of Appeal (specifying the grounds thereof) within thirty (30) days of the receipt of this order. If at the expiration of the time allowed, this violation.has not been remedied, further action as the law requires shall be taken. By order, BUILDING CO ISSIONER ZONING ENFORCEMENT OFFICER Form 3 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 -'6 G' . , 199/ To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No.O( -_21 Of: /�/� I> b P,c - /3G� Enclosed is the decision of the Board of Appeals which has this day been filed with 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 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. cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 Map 59.4 238 Madaket Road Parcel 119.1 11,875 R -2 At a Public Hearing of the ZONING BOARD OF APPEALS held at 1:00 P.M., Friday, November 15, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of ROBERT BAKER, of Box 2112, Nantucket, Mass. 02584, Board of Appeals File No. 062 -91, the Board made the following DECISION: 1 Applicant is seeking an Appeal and reversal under §139 -31A of the Zoning Bylaw of the Decision of the Building Commissioner dated August 9, 1991, received by Applicant on said date ordering Applicant to cease and desist from an alleged violation of the Zoning Bylaw, specifically from construction of a platform, steps and deck without a permit. The lot is a vacant lot, and the construction is a viewing platform, which Applicant contends is not a structure within the definition of §139 -2 and is not prohibited on the premises. The premises are located at 238 MADAKET ROAD, Assessor's Map 59.4, parcel 119.1, as shown on Land Court Plan 3092 -88, Lot 763. The property is zoned R -2. 2. The Decision of the Board is based upon the Application and materials filed therewith, the testimony and evidence presented at the hearing, including photographs of the platform and a favorable recommendation from the Planning Board. 3. Applicant stated that he put the viewing platform on his property in order to make it easier for him to market it, and the platform was intended to remain only until the property is sold. Also, the platform is not affixed to any permanent foundation and could be relocated on the site. 4. The photographs of the platform showed it to be an unenclosed set of steps to an open observation level, with no walls or roof, having only side guard rails for safety. The bottom of the platform rested on essentially undisturbed ground with little, if any, disturbance of the existing vegetation, and there is no permanent foundation. 5. The definition of "structure" in §139 -2 of the Zoning Bylaw is, "Material or materials sited, erected or assembled at a fixed location to give support or shelter, such as a building, antenna tower, tank, tent, stadium, steel storage container, lighthouse, dock, retaining wall, deck, platform, steps, chimney, game court, or a swimming pool in- ground or above ground of more than one thousand (1000) gallons, or the like. Structure shall be construed, where the context allows, as though followed by the words 'or part thereof. "' Application No. 062 -91 Decision 6. The Bylaw does not specifically address viewing platforms as such, and so the Board must look to the definition to determine whether or not such a platform is a "structure ". The Board notes particularly the lack of any walls or roof as significant in so far as the platform is not designed to give shelter, and that, by its very nature, such a platform is temporary, intended only to exist on site for as long as it takes to sell the property. Further, the lack of any permanent attachment to the ground and lack of disturbance to the indigenous vegetation, indicates that the platform is not at a fixed location as contemplated by the definition of "structure ". 7. By a vote of 3 -1 (Leichter, Williams, and Waine in favor, Balas opposed)' the Board finds that the viewing platform on the premises is not, as it now exists, a "structure" within the definition of §139 -2 of the Zoning Bylaw, although any changes to the platform, such as the addition walls, might result in a different determination. i Date: 4 (�_ • /� �� J.I Leichter Ann Balas 2