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Home My WebLink About20-19 117 Baxter RoadFee: $450.00 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION File No. oQ '/ / Owner's name(s): 117 Baxter Road LLC Mailing address: c/o Cohen & Cohen Law PC, 34 Main Street Phone Nuunber: 508-228-0337 E -Mail: steven@cohenlegal.net Applicant's name(s): Same .Mailing Address: Phone Number: E -Mail: Locus Address: 117 Baxter Road Assessor's Map/Parcel- 48/9 Land Court Plan/Plan Book & Page/Plan File No.: Book 2, Page 81 - Lot 2 & Portion of Lot 3 Deed Reference/Certificate of Title: 1656/124 Zoning District SR20 Uses on Lot- Commercial: None_ Yes (describe) Residential: Number of dwellings 0 Duplex Date of Shucture(s): all pre -date 7/72 N/A or Building Permit Numbers: Apartments Pret-ious Zoning Board Application Numbers: 0275-05. 066-11, and 028-88 2 Fairgrounds Road Nantucket Massachusetts 02554 508 325-7587 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: I ceitifr that the information contained herein is substantially complete and true to the best of my knowledge, tinder the pains and penalties of perJurZ-. SIGNATURE: Owner* SIGNATURE: Applicant/Attorney/Agent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on: _/_/_ By: Complete: Need Copies: Filed with Town Clerk-:–/–/_ Plannuig Board:–/ _/_ Building Dept.:_/_/_ Bl-:_ Fee deposited with Town Treasurer:J_/_ Bv:_ Waiver requested: Granted:—/—/_ Hearing notice posted with Town Clerk_/_/_ I&M /_/_ c4._/_/_ Hearing(s) held on:_/_/_ Opened on :_/_/_ Continued to:_/_/_ %\ ithdraivn:_/_/_ Decision Due Br:_/_/_ Made:—/—/— Filed w/Town Clerk-:_/_/_ Mailed:_/_/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508 325-7587 telephone 508-228-7298 facsimile ADDENDUM A The Locus is a 14,375± square foot vacant lot in the Siasconset Residential 20 (SR -20) zoning district, which has a minimum lot area requirement of 20,000 square feet. It requires 75' of frontage with a 30' front setback and 10' on the side and rear of the lot. The SR -20 zoning district allows 12.5% ground cover ratio (GCR). The Zoning Board of Appeals, Decision No. 028-88 recorded at the Nantucket Registry of Deeds in Book 298, Page 211, granted a variance to allow relocating the prior, larger house at the Locus inside the front setback. The house was relocated off the Locus at a later date. Decision No. 0275-05, as modified by Decision No. 066-11, dealt with parking on the Locus allowing for waiver of the required two (2) spaces as long as a space was provided at 116 Baxter Road. Both decisions are now moot and no conditions from either still apply. As the erosion continues, Applicant requests a variance under §139-32 to allow for the relocation of a single-family dwelling from the neighboring lot, 115 Baxter Road, that is in imminent danger of collapsing into the ocean (See letter from Building Commissioner, attached) onto the now vacant lot at 117 Baxter Road and into the front setback, see §139-16, similar to what was approved under previous relief, and for the abutting lot at 113 Baxter Road. The house has approximately 1,292± square feet of ground cover where 1,979± square feet would be allowed on the Locus. The house was built in 1940 and is currently non -conforming on front yard setback with the front stoop/steps approximately 2.3± feet from front lot line and the structure approximately 7.4± feet from the front lot line. Applicant proposes to move the house as close as 0.0' from the front lot line in order to maximize the usable lifespan of the house and property. Applicant is separately requesting from the County of Nantucket a 10' wide license area in order to site the house approximately 7.5' over the lot line into an unimproved section of Baxter Road as was recently done at 113 Baxter Road. Applicant requests zoning relief for both locations should this license be granted. Due to rapid erosion of the coastal bank and danger of imminent collapse, a literal enforcement of the provisions of §139-16 would involve substantial hardship to the Applicant. Applicant also requests relief of the height limitation in the SR -20 zoning district contained in §139-17. The Locus is a differently contoured lot than the donor lot and when moved the existing structure may exceed the 30' height limitation or may exceed the height allowed for one or more sides due to the sloped topography o the lot. Applicant is currently undertaking and engineering study and surveys to determine proper siting of the house. Applicant will update this application as data are available. Pursuant to §139-18A&B, the SR -20 zoning district requires two (2) parking spaces for a single-family dwelling. Applicant seeks a Special Permit to allow the required parking to be provided on 115 Baxter Road per §139-18D, which allows for relief in harmony with the general purpose and intent of the Zoning Bylaw or when granting relief would not be contrary to sound traffic, parking or safety considerations. In summary, Applicant requests a variance to place the house as close as 0.0' from the front setback and up to 7.5' into a proposed license area, a height variance, if necessary, and special permit relief from the requirement of two (2) off- street parking spaces. It should be noted that similar relief was granted to 113 Baxter Road, in Decision N0. 056-13 as recorded at the Nantucket Registry of Deeds in Book 1408, Page 211, to move the house into the setback. Further, similar relief on both counts has previously been granted to the Locus for a prior, larger structure, and remains in harmony with the general purpose and intent of the Zoning Bylaw for the SR -20 zoning district. IUMi caiIu k.uunry to lvalilllcxel, M/A P(JfAerly SmOi n]a{Ia{1 Propeny(D t�_ Location —1i - c iJ---1 p,_: 117 Baxter Road 46 7 -r SG 466 4 fi L' July9. 2019) — 1 125 11 -!YAC..!'• F�E!,lCE OtvLY NIAP FOP PEP. NUT =. LE-G.AL DC%CumEly T 7fvr and .^_aunti of 5 arnu:io, NIL- meF�--: n`, Ua!mz ana n„ N/ar^anz-s s--pf�s$F_a w rrpIIEJ.=cmccrnin , me lallo'V c, am&pre5EnTezi =n i1: m-= lia!a upja--e7 L'ly.' o1E July9. 2019) — 1 125 11 June 18, 2019 Planning and Land Use Services Building ■ Historic District Commission ■ Planning Board ■ Zoning Board of Appeals BUILDING DIVISION To: The Nantucket Historic District Commission From: Paul Murphy, Building Commissione Re: 115 Baxter Road I have reviewed the photographs sent to my office regarding the dwelling referenced above. It is obvious from the photographs that the dwelling is in imminent danger of collapsing into the ocean. Emergency measures should be taken immediately to relocate the dwelling to a safe location. Please feel free to contact my office should you have any further questions. 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N WOQ wLpO<�-cr< �5 wZ w N tz aU`Z Z��F-L- Z a7R LLI <� w � o��j oCN <ZOU y=W 0Za Z� Z�yJ zz N NW�V °�Fa-'n?zZ�oc=.� 0 0� ZO° n Z�L0: aWZin�o�dnzao a ac a3 ° poNp <wo� OQpHm_gaZOOov Z x x o mm}N0 v�UO< W di o -,Z(ra. ao�� z zzo Iz 0 2~vmijmZ=11 W=pj3(J N 555, M0 to= L:1:1) Lal I P-- 03:: Town of Nantucket Zonina Board PROPERTY OWNER: 115 Baxter Road LLC aO�gG 0"F FG , S 0 S�SsogS. A,, To 0/y gNTG loop • Mq MAILING ADDRESS: c/o Cohen & Cohen, 34 Main Street, Nantucket PROPERTY LOCATION: 115 Baxter Road, Nantucket, MA 02554 ASSESSOR MAP/PARCEL: 48 / 10 SUBMITTED BY: Cohen and Cohen Law PC SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting 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, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139- 29B (2) . -7- DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET SCONSET TRUST INC NANTUCKET TOWN OF SCONSET TRUST INC PO BOX 821 16 BROAD ST PO BOX 821 SIASCONSET, MA 02564 NANTUCKET, MA 02554 SIASCONSET, MA 02564 NANTUCKET TOWN OF 16 BROAD ST NANTUCKET, MA 02554 LATSHAW KYLE L & YODER LORETTA A PO BOX 3186 NANTUCKET, MA 02584 SANKATY HEAD GOLF CLUB INC PO BOX 293 SIASCONSET, MA 02564 HINCHEY RICK TRUSTEE P O BOX 32676 KNOXVILLE, TN 37930-2676 GIFFORD WHITNEY A TRST C/O JUDY JOHN A 119 EVERGREEN AVE ELMHURST, IL 60126 117 BAXTER RD LLC 117 BAXTER RD NANTUCKET, MA 02554 KENNEY JUSTINE M TR 3506 RODMAN STREET N W WASHNIGTON, DC 20008 MACKAY RICHARD S & LINDA M TRS PO BOX 567 HANOVER, NH 03755 FURROW ANN 5300 TURTLE POINT LANE KNOXVILLE, TN 37919 NANTUCKET TOWN OF 16 BROAD ST NANTUCKET, MA 02554 115 BAXTER LLC 38 BETTS DRIVE WASH INGTONCROSSING, PA 18977 GIFFORD WHITNEY A TRST C/O GRETZ HANNAH J 940 EAST DEERPATH RD LAKE FOREST, IL 60045 DELPIDIO LOUIS TR 116 BAXTER RD BEACH HOUSE TR 171 PHILLIS AVE SWAPSCOTT, MA 01907 RYAN PATRICK T TRST RYAN NANTUCKET REALTY TR 686 HALE STREET BEVERLY, MA 01915 Print Form 2019 A" -9 PM z: 2( TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 WITHDRAWAL FORM File No. 20 -19 Map 48 Parcel 10 APPLICANT(S): SCOTT KELLEY 115 Baxter Road - SPECIAL PERMIT for alteration of remainder foundation of relocated Dwelling and change of use. UPON THE REQUEST OF THE APPLICANT(S) MADE: PRIOR TO x AFTER PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE ABOVE CAPTIONED APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS: THE WITHDRAWAL: ACKNOWLEDGE AS A MATTER RIGHT AND WITHOUT PREJUDICE x APPROVE WITHOUT PREJUDICE APPROVE, BUT WITH PREJUDICE IN FULL OF THE SAID APPLICATION x OF SO MUCH OF SAID APPLICATION AS: Change of use and alteration of foundation sited within front yard setback which will remain after DU is relocated to adjacent lot. The Zoning Board of Appeals DATED:AL�' Eleanor Weller Antonietti, Zoning Administrator 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile