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Home My WebLink About028-94TOWN O F NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 c Date: May /D , 19 94 1 To Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 028 -94 Owner /Applicant: CHARLES M. WARNER AND CAROLYN M. WARNER, FOR THEMSELVES AS CONTRACT PURCHASERS, AND EDWARD AKELMAN AND VICKIE REYNOLDS AKELMAN, OWNERS Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in 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 an complaint in 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. Dale W. Warne Chairman cc: Town Clerk Planning Board Building Commissioner Assessor's Map 63 Parcel 52 LUG -II DECISION: TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 25 Sheep Pond Road Land Court Plan 35142 -B Lot 4 Cert. of Title 12,763 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P.M. on Friday, April 8, 1994, at the Town and County Building, Nantucket, Massachusetts, on the Application of CHARLES M. WARNER AND CAROLYN M. WARNER, FOR THEMSELVES AS CONTRACT PURCHASERS, AND EDWARD AKELMAN AND VICKIE REYNOLDS AKELMAN, OWNERS, Board of Appeals File No. (028 -94), c/o Reade and Alger, Box 2669, Nantucket, MA 02584, the Board made the following Decision: 1. Applicants are seeking relief by VARIANCE pursuant to Nantucket Zoning By -Law §139 -32A from the requirements of Zoning By -Law §139 -16A (Intensity Regulations) to relocate their dwelling, currently located on another lot, onto the subject locus and site the single family dwelling with a zero front yard setback in a district that requires a 35 -foot front yard setback. The premises are located at 25 SHEEP POND ROAD, Assessor's Map 63, Parcel 52, as shown on Land Court Plan 35142 -B, Lot 4. The property is zoned Limited Use General -II. 2. Our findings are based upon the Application papers, representations and testimony received at the public hearing and a favorable recommendation from the Planning Staff. No opposition was expressed at the hearing or received into the file. The Planning Board has approved the placement of a secondary dwelling unit on the Locus. 3. The single family dwelling, owned by the Warners, was Locatel on an adjacent lot, 27 Sheep Pond Road, to the southeast of the Locus, currently owned by the Akelmans and containing a single family dwelling. Severe coastal erosion at the original site (25 Sheep Pond Road) has rendered the dwelling uninhabitable due to safety and environmental concerns. Applicants (the Warners) propose to relocate their dwelling onto the Locus, siting the structure with a zero foot front yard setback, thus reducing the environmental impact on the coastal beach area and increasing the long -term stability of the dwelling as well. Coastal erosion also affects the Locus but to a lesser extent. A portion of the frontage of the Locus is located along a lightly traveled dirt road and Applicants represented that siting the dwelling with a zero foot front yard setback would have little impact upon the neighborhood. Applicants further represented that the siting of the two dwelling units on the Locus would be in conformance with the Zoning By -Law with respect to ground cover and secondary dwelling unit requirements. (028 -94) -2- 4. In light of the foregoing, the Board finds that owing to circumstances relating to the topography and soil conditions of the Locus and especially affecting the Locus but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this Zoning By -Law would involve substantial hardship, financial or otherwise, to the Applicants, and the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such by -law. 5. Accordingly, by UNANIMOUS vote, the Board GRANTS relief by VARIANCE under Zoning By -Law §139 -16A, subject to the condition that the dwelling be relocated substantially in accordance with the revised plans approved by the Nantucket Conservation Commission by issuance of an Order of Conditions, File No. SE48 -842. Dated: allo-Y /di � Q �� Dade - -W--- W a i n e - Ci� C/ GC� Linda Fj. Wi liams Michael 0' ra 01C liael Angelastro-,, j William Hourihan,Jr. RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 MAY 10 1994 -7 uvintl :-_ 1 z. 3 CLERK: �� Zoning Board of Appeals South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, April 8, 1994, in the Town and County Building, the Selectmen's Meeting Room, Broad Street, Nantucket, Massachusetts, on the Application of: CHARLES M. WARNER AND CAROLYN M. WARNER, FOR THEMSELVES AS CONTRACT PURCHASERS, EDWARD AKELMAN AND VICKIE REYNOLDS AKELMAN, OWNERS Board of Appeals File No. 028 -94 Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning By -Law §139 -32A from the requirements of Zoning By -Law §139 - 16A (intensity regulation) to relocate their dwelling currently located on another lotj onto the subject locus and site the single family dwelling with a zero front yard setback in a district that requires a 35 foot front yard setback. The premises are located at 25 SHEEP POND ROAD, Assessor's Map 63, parcel 52, as shown on Land Court Plan 35142 -B, lot 4. The property is zoned Limited Use General -II. Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228 -7215. ►, BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 Date, CASE No.� Itf Owner's name(s): Edward Akelman and Vickie Reynolds Akelman Mailing address: c/o Joseph M. Guay, Attorney, 4 North Water Street, Yost utrice boTITSP4, Nantucket, MA UG7 34 Applicant's name: Charles M. Warner and Carolyn M. Warner - contract purchasers Mailing address: c/o R.eade & Alger P.C., 6.Young's Way, ,P.O. Box 2669, Nantucket, MA 02584 . Location of lot: Assessor's map and parcel number 63 - 52 Street address: 25 Sheep Pond Road Registry Land Ct Plan, Plan Bit & Pq 6L2 Plan File 35142 -B Lot 4 Date lot acquired: 17 86 er of Tiltle�� Zoning district LUG -2 Uses on lot - commercial: None x - ore MCD ?No existing 1 pro osed number of: dwellings 1. x_ pa #:aeutr— rm„ta.l rQe,..s Building date(s): all pre -8/72? or 1976 C of 0? No Building Permit appl'n. Nos. Case Nos. all BOA applications, lawsuits: 174 -75 and 342 -76 State fully all zoning relief sougght and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BOA to make each finding per Section 139 -32A x if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a noncon orming use). If appeal per 139 -31A s B _ , attach decision or order appealed. OK to attach addendum . Applicant requests Variance relief to enable the relocation of their existing dwelling onto the Locus, such dwelling to be relocated as far as possible from the eroding coastal bank with zero front yard setback, as shown upon the enclosed plan. Required front yard setback in this district is 35 feet. FOR BOA OFFICE USE Application copies reed: 4 or for BoA on Z/ _ by� One copy filed with Town Clerk one- / gVby complete? J �(N V One copy each to Planning Bd and Building Dept�� by CLj,.j,_ $200 fee check given Town'Treasurer on yby waived? Hearing notice posted?),/Li mailed I & M Hearing(s) on__/_/_ cont'd to_/_/_, withdrawn ?__/_/_ Decision due bye_/_ made_/_ filed TC_/_/_ mailed —/__/_ See related cases lawsuits other m G Items enclosed as part of this Application: orderl addendum2 :1) m Z Locus map x Site plan x showing present x . +planned x structures Z Floor plans present proposed�'elevatlons (HDC approved?_) Listings lot area frontage setbacks GCR parking data Assessor - certifies addressee list 4 sets x ma1l1—ng labels 2 sets x _ �' M 200 fee payable to Town.of Nantucket x proof 'cap' covenant m (If an appeal, ask Town*Clerk to send Bldg Comr record to BoAT= I certify that the requested information' submitted is substantially LO p complete and rue to the best of my knowledge,' under the pains and penalties of jury. N -n I SIGNATURE: Applicant Attorney /agent x ' 3(If not owner or owner s attor ey, enclose proof of authority) FOR BOA OFFICE USE Application copies reed: 4 or for BoA on Z/ _ by� One copy filed with Town Clerk one- / gVby complete? J �(N V One copy each to Planning Bd and Building Dept�� by CLj,.j,_ $200 fee check given Town'Treasurer on yby waived? Hearing notice posted?),/Li mailed I & M Hearing(s) on__/_/_ cont'd to_/_/_, withdrawn ?__/_/_ Decision due bye_/_ made_/_ filed TC_/_/_ mailed —/__/_ See related cases lawsuits other ZONING BOARD OF APPEALS 3 South Beach Street Nantucket, Massachusetts 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, April 8, 1994, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: EDWARD AKELMAN and VICKIE REYNOLDS AKELMAN, Owners and CHARLES M. WARNER and CAROLYN M. WARNER, Contract Purchasers Board of Appeals File No. -94 Applicants are seeking relief by Variance under §139 -32A from the requirements of §139 -16A (Intensity regulations - front yard and side yard setback) to allow the relocation of a dwelling on the Locus, necessitated by erosion of the coastal bank, such relocated dwelling to have a zero front yard setback. The premises are located at 25 63, parcel 52, as shown on Land property is zoned LUG -2. SHEEP POND ROAD, Assessor's Map Court Plan 35142 -B, Lot 4. The Dale Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228 -7215. kah /45 /WARNER