HomeMy WebLinkAbout20-19 115 and 117 Baxter Roadtrt it!Y^�,
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TOWN OF NANTUCKET
• R, OF
APPEALS
NANTUCKET,
. • /
APPLICATION
Fee: $450.00 File No. P —/C?-
Owner's name(s): Scott Kelley
Mailing address: c/o Cohen & Cohen Law PC, 34 Main Street
Phone Number: 508-228-0337 E --Sail: steven@cohenlegal.net
Applicant's name(s): Same
lSailing Address:
Phone Number: E -Mail:
Locus Address: 115 and 117 Baxter Road Assessor's Map/Parcel: 48/9 and 48/10
Land Court Plan/ Plan Book &- Page/Plan File No.: Book 21, Page 113 / Book 2, Page 81 - Lot 2 & Portion of Lot 3
1513/335 & 1656/124
Deed Reference /Certificate of Title: Zomig District SR -20
Uses on Lot- Commercial: None X Yes (describe)
Residential: Number of dwellings—0 Duplex.
Date of Structure(s): all pre -date 7/72 Yes or
Building Permit Numbers:
Apartments
Previous Zoning Board Application Numbers: 027-05, 066-11, 026-88, 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 cerrtifz- that the uiformation contained herein is substantially complete and trae to the
best of my knowledge, tinder the pains and penalties of perjury-.
SIGNATURE:
Owner*
SIGNATURE: Applicant/Attomev/Agent'
*If an Agent is representing the Ov-ner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on:—/—/_ By: Complete: Need Copies:
Filed with Town Clerk:_/_/_ Planning Board:–/–/– Building Dept.:–/–/– BT.
Fee deposited -vvith Tov n Treasurer. _/_/_ Bv:_ Waiver requested:
Granted:_/_/_ Hearing notice posted With Town Clerk:_/_ Bailed:
Heating(s) held on:_/_/_ Opened on :_/_/_
Contiriued to:_/_/_ Withdra=_/_/_ Decision Due Bv:_/_/_
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 comprised of two lots, 115 Baxter Road (Tax
parcel 48-10 being shown on Plan Book 21, Page 113) and 117
Baxter Road (Tax Parcel 48-9, being Lot 2 and a portion of 3 on
Plan Book 2, Page 81). The Owner is Scott Kelley per deeds
recorded at Book 1701, Page 107 and Book 1701, Page 201 at the
Nantucket Registry of Deeds.
115 Baxter Road is a 15,216± square foot lot with a single-
family dwelling and 117 Baxter Road is a 13,000± square foot
vacant lot. They were undersized lots in the Sconset
Residential 20 (SR -20) zoning district, which has a minimum lot
area requirement of 20,000 square feet, until the Owner merged
them into common ownership, creating a conforming lot at 28,216±
square feet.
The SR -20 zoning district allows 12.5% ground cover ratio (GCR).
The structure at 115 Baxter Road consists of approximately
1,292± square feet of ground cover where 1,851± square feet was
allowed on the prior lot, and where 3,527± square feet of ground
cover is allowed on the merged lot.
The SR -20 zoning district requires 75' of frontage with a 30'
front setback and 10' on the side and rear of the lot. The
current 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. The existing front yard
setback encroachment nonconformity pre -dates the adoption of the
Nantucket Zoning Bylaw in 1972.
117 Baxter Road was previously benefited by Zoning relief (see
ZBA Decision No. 028-88 recorded at the Nantucket Registry of
Deeds in Book 298, Page 211) that granted a variance to allow a
large structure previously on the lot to be relocated inside the
front setback. That structure was relocated off the lot at a
later date. ZBA Decision No. 027-05, as modified by Decision No.
066-11, also allowed for parking waivers on the lot. These ZBA
decision are now moot and no conditions from them apply here.
The lot is otherwise dimensionally conforming.
Applicant requests a variance of the setback requirements of
§139-16, under §139-32, to allow for the relocation of the
single-family dwelling at 115 Baxter Road from its current
location, which is in imminent danger (see letter from Building
Commissioner, attached) further into the front setback of the
combined lot, now currently 117 Baxter Road.
Due to extreme erosion, Applicant seeks to relocate the
structure away from the bluff edge at 117 Baxter Road, and
possibly into the County Road layout, as shown on the attached
plan. Applicant proposes to move the dwelling as close as 0.0'
from the front lot line of the property, and also to move it
approximately 7.5' over the lot line into an unimproved section
of Baxter Road, if a license is granted by the County of
Nantucket in a separate application.
This license and Zoning relief to move into the road layout was
recently approved and implemented at the abutting lot at 113
Baxter Road (see ZBA Decision N0. 056-13 as recorded at Book
1408, Page 211). Due to rapid erosion of the coastal bank and
danger of collapse, a literal enforcement of the provisions of
§139-16 would involve substantial hardship to the Applicant and
the proposal remains in harmony with the general purpose and
intent of the Zoning Bylaw for the SR -20 zoning district.
The erosion has reduced the upland area on both lots, which was
previously conforming to the so-called "90o upland rule" in the
definition of §139-2 "Lot Area," but would not be if the lots
were created today. This provision requires the lot to be ninety
(90) percent upland relative to the district's minimum lot area
requirement (i.e., 18,000 SF of upland in the SR -20 District
that requires 20,000 square foot lots).
When the vacant lot is merged into the improved lot, that lot
have 12,655± square feet of upland area, which is about one-
third of the required amount but about twice as much as either
lot had before, due to the erosion. No zoning relief is required
for the alteration of a pre-existing nonconforming lot as to lot
area, per §139-33A(3) where the nonconformity will be reduced,
though not brought into compliance, and no new nonconformities
are created.
However, the second clause of §139-33A(3) provides that: "Any
other alteration to a preexisting, nonconforming lot that does
not increase an existing or create a new nonconformity is
allowed upon determination that such alteration will not be
substantially more detrimental to the neighborhood." Applicant
asserts that no relief is needed here, but in an abundance of
caution, Applicant seeks special permit, variance relief from
the 90% requirement and also a determination that the alteration
to the pre-existing nonconforming lot is not substantially more
detrimental to the neighborhood.
Applicant also requests Special Permit or Variance relief
related to the 30' height limitation in the SR -20 zoning
district contained in §139-17. The existing house may be
nonconforming as to height or to a portion of the height
formula, and the new site is differently contoured than its
current location, which may impact the height or a portion of
the height formula. Once moved, the existing structure may
exceed the 30' height limitation or may exceed portions of the
formula for the height allowed for one or more sides due to the
sloped topography of the lot. Applicant is currently undertaking
an engineering study and surveys to determine final siting of
the house. Applicant will update this application as data are
available.
Applicant further requests special permit relief, pursuant to
§139-33, to reuse the foundation of the structure to the extent
it is nonconforming by being currently within the front yard
setback at 115 Baxter Road. Applicant proposes to change the
use of the remaining foundation from a single-family dwelling to
an ancillary use, not for habitation, such as a garage, storage,
or studio space. Applicant notes that such change shall not be
substantially more detrimental than the existing use to the
neighborhood and the non -conforming setback distance will be
reduced by the elimination of the front stoop/steps that are
currently 2.3± feet from front lot line. The 7.4± foot
structural encroachment will remain until that structure is
eventually removed.
Town and Count\ of Nantucket, MA .JuiV lU. 2011 S2
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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.
Telephone 508-325-7587 • 2 Fairgrounds Road • Nantucket, MA 02554 • 508-228-7298 facsimile
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Town of Nantucket
Zoning Board
PROPERTY OWNER: 115 Baxter Road LLC
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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) .
DATE
-77 1
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
WASHINGTONCROSSING, 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
Town of Nantucket
Zonina Board
PROPERTY OWNER: Scott Kelley
MAILING ADDRESS: c/o Cohen & Cohen, 34 Main Street, Nantucket
PROPERTY LOCATION: 117 Baxter Road, Nantucket, MA 02554
ASSESSOR MAP/PARCEL: 48 / 9
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) .
DATE ASSE'SSOR'S OFFICE
TOWN OF NANTUCKET
48
SCONSET TRUST INC
PO BOX 821
SIASCONSET, MA 02564
48
SCONSET TRUST INC
PO BOX 821
SIASCONSET, MA 02564
48
NANTUCKET TOWN OF
16 BROAD ST
NANTUCKET, MA 02554
48
1 l 7 BAXTER RD LLC
117 BAXTER RD
NANTUCKET, MA 02554
48
115 BAXTER LLC
38 BETTS DRIVE
WASHINGTONCROSSING, PA 18977
48
LATSHAW KYLE L & YODER LORETTA A
PO BOX 3186
NANTUCKET, MA 02584
48
KENNEY JUSTINE M TR
3506 RODMAN STREET N W
WASHNIGTON, DC 20008
48
SANKATY HEAD GOLF CLUB INC
PO BOX 293
SIASCONSET, MA 02564
48
MACKAY RICHARD S & LINDA M TRS
PO BOX 567
HANOVER, NH 03755
48
DELPIDIO LOUIS TR
116 BAXTER RD BEACH HOUSE TR
171 PHILLIS AVE
S WAPSCOTT, MA 01907
48
HINCHEY RICK TRUSTEE
P 0 BOX 32676
KNOXVILLE, TN 37930-2676
48
FURROW ANN
5300 TURTLE POINT LANE
KNOXVILLE, TN 37919
48
RYAN PATRICK T TRST
RYAN NANTUCKET REALTY TR
686 HALE STREET
BEVERLY, MA 01915
49
NANTUCKET TOWN OF
16 BROAD ST
NANTUCKET, MA 02554
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PUflASE� TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date : September 11 , 2019
To : Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No. : 20-19
Owner/Applicant: SCOTT KELLEY
Property Description: 115 & 117 Baxter Road
Map 48 , Parcels 10 & 9
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 Nantucket Superior Court or 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 .
Eleanor W. Antonietti ,
Zoning Administrator
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
508-325-7587 .
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 48, Parcel 9 & 10 Book 1701,Pages 107&201
115 & 117 Baxter Road Plan Book 21,Page 113
Sconset Residential 20 (SR-20) Plan Book 2,Page 81
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals(the"Board")held on Thursday,
August 8, 2019 in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts,
the Board made the following Decision on the application of SCOTT KELLEY
("Applicant"), c/o Cohen & Cohen Law PC, 34 Main Street, 2nd Floor, P.O. Box 786,
Nantucket, MA 02554, in File No. 20-19.
2. Applicant is requesting relief by Variance pursuant to Zoning By-law Section 139-32.A for a
waiver from the setback requirements in Section 139-16, to allow for the relocation of the
single-family dwelling as close as zero (0) feet from the front yard lot line and as much as 7.5
feet over it, and also as close as five (5) feet from the north side lot line, where a thirty (30)
foot front yard setback and ten(10) foot side yard setback are required. In addition,Applicant
seeks relief by Special Permit or Variance from the thirty(30)foot height,provision in Section
139-17 and Special Permit relief pursuant to Section 139-33.A to allow the change of use of
the pre-existing nonconforming remainder structure, sited as close as 7.4 feet from the front
yard lot line, to an accessory use. To the extent necessary and applicable, Applicant further
requests Special Permit or Variance relief from the "90% upland rule" specified in the
definition of"Lot Area" in Section 139-2.A. The Locus is situated at 115 & 117 Baxter Road,
shown respectively on Assessor's Map 48 as Parcels 10 and 9, and on Plan Book 21,Page 113
and as Lot 2 and a portion of Lot 3 on Plan Book 2, Page 81. Evidence of owner's title is
recorded in deeds at Book 1701, Page 107 and Book 1701 Page 201 on file at the Nantucket
County Registry of Deeds. The site is zoned Sconset Residential Twenty(SR-20).
3. Our decision is based upon the application and accompanying materials, representations, and
testimony received at the public hearing, including a letter from the Nantucket Building
Commissioner concerning the danger posed to the structure by its close proximity to the
eroding bluff. Applicant,through its counsel, Steven Cohen,presented testimony at the public
hearing. There was no Planning Board recommendation. Except for the presentation on behalf
of the Applicant,there was neither support nor opposition received at the public hearing.
4. The locus contains a single family dwelling on a conforming lot at 28,2161 square feet in the
Sconset Residential 20 (SR-20) zoning district, which has a minimum lot area requirement of
20,000 square feet. The locus was recently combined from two pre-existing undersized lots.
2
The dwelling has approximately 1,292± square feet of ground cover where 3,527± square feet
of ground cover is allowed in a district that allows for a ground cover ratio of up to 12.5%.
The existing dwelling was built circa 1940 and is currently non-conforming as to 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. The existing front yard setback encroachment
nonconformity pre-dates the adoption of the Nantucket Zoning Bylaw in 1972. The locus is
otherwise dimensionally conforming.
5. The locus is subject to severe erosion of the `Sconset Bluff, and benefits from prior relief
related to such erosion. See Zoning Decision Nos.028-88,027-05,and 066-11,which are now
moot, with no conditions applying here.
6. As explained by Applicants legal representative, Attorney Steven Cohen, Applicant seeks
relief by Variance pursuant to Zoning By-law Section 139-32.A for a waiver from the setback
requirements in Section 139-16, to allow for the relocation of the dwelling onto a new
foundation to be sited as close as zero (0) feet from the front yard lot line and also as much as
7.5 feet over it into an unimproved section of Baxter Road (a license is being sought from the
County of Nantucket in a separate application to the County Commissioners),and also as close
as five (5) feet from the north side lot line, where thirty (30) foot front and ten(10) foot side
yard setbacks are required.
7. Applicant further seeks relief by Special Permit.pursuant to Section 139-33.A, or by Variance
to the extent necessary, for a waiver from the height provision in Section 139-17 and to allow
for a change of use of the pre-existing nonconforming remainder structure, sited as close as 7.4
feet from the front yard line, from a dwelling to a garage, shed, or other accessory not for
human habitation structure.
8. To the extent necessary and applicable,Applicant further requested Special Permit or Variance
relief from the"90%upland rule"specified in the definition of"Lot Area"in Section 139-2.A,
due to the combination of two prior pre-existing non-conforming undersized lots, each
rendered more nonconforming by the effects of erosion.
9. During the deliberations, the Applicant withdrew the request to allow for a change of use of
the pre-existing nonconforming remainder structure, as the Board indicated a desire to first
know the position of the Nantucket Conservation Commission on retaining or removing it.
10. The Board made the following findings:
a) Due to the soil conditions, shape and topography of the eroding lot, a literal enforcement
of the provisions of the setback provisions of Section 139-16 and the height provision of
3
Section 139-17 would involve substantial hardship,financial or otherwise,to the petitioner,
and the requested relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent or purpose of such bylaw.
b) No relief is necessary regarding the "90% upland rule" in the definition of"Lot Area" in
Section 139-2.A, as the combination of two prior pre-existing non-conforming undersized
lots is not the creation of a new lot, but the addition of land area from one lot to a
grandfathered lot,making it more conforming at to upland content, which does not require
relief.
11. Accordingly, by a UNANIMOUS vote, the Board approved the WITHDRAWAL
WITHOUT PREJUDICE of the change of use request, and GRANTED the requested
VARIANCE to allow for the relocation of the dwelling on the lot with the requested setback
and height relief, as above, subject to the following conditions:
a. Apart from the withdrawn request to change the use of the remainder
foundation,the work shall be performed in substantial compliance with plan
entitled, "Site Plan of Land for Structure Relocation in Nantucket, MA.",
dated July 24, 2019, prepared by Nantucket Engineering & Survey. P.C., a
reduced copy of which is attached herewith as "Exhibit A".
b. The Finished floor elevation(FFE)of the structure set on its new foundation
shall not exceed 105 feet of elevation, and ridge height shall not to exceed
126.1 feet of elevation.
c. The existing foundation shall be removed entirely or filled and covered with
clean fill, unless and to the extent the Nantucket Conservation Commission
provides for it to remain(in such case,the reuse of the encroaching structure
shall also require further relief from this Board). The cost of removal of such
is to be paid by Owner of Record.
d. Relocation of structure into the layout of Baxter Road is conditional on the
applicant obtaining approval from the County.
e. There shall be no exterior construction, with the exception of routine
maintenance such as painting and landscaping,permitted between Memorial
Day and Labor Day of any given year in connection with the work
contemplated in this application.
4
Assessor's Map 48, Parcel 9 & 10 Book 1701,Pages 107&201
115 & 117 Baxter Road Plan Book 21,Page 113
Sconset Residential 20 (SR-20) Plan Book 2, Page 81
Dated: August 8, 2019
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Geoff Thayer
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss.
On the `/TH day of6 - , 2019, before me, the undersigned notary public,
personally appeared L-TS 1819" ;cell/ , one of the above-named
members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me
to be the person whose name is signed on the preceding document, and acknowledged that they
signed the foregoing instrument as their free act ancLdeed and voluntarily for the purposes therein
expressed.
t) _
iE____________
Official Signature and Seal of Notary Pu lic
My commission expires:
PAUL M. MURP
ii
NOTARY PUBLICHY 5
�� Commonwealth Of Massachusetts
My Commission Expires
December 17,2021
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