HomeMy WebLinkAbout038-07
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: June
I
,2007
To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No.:
038-07
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Owner/Applicant: SAMUEL FURROW AND ANN FURROW
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Enclosed is the Decision of the BOARD OF APPEALS which has~his
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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 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 TWE~Y (20) da~~ ~
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 508-228-7215.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 49, Parcel 8
87 Baxter Road, Siasconset
Siasconset Residential-2
Plan Book 24, Page 2
(No lot number)
Book 839, Page 295
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, May 11, 2007, at 1:00 P.M., in the Conference
Room, 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made
the following decision on the application of SAMUEL FURROW and ANN
FURROW, PO Box 32676, Knoxville, TN 37950, File No. 038-07:
2. Applicant is seeking relief by VARIANCE under Nantucket
Zoning By-law Section 139-16A (Intensity Regulations front
yard/ side yard setback) Applicants propose to move and alter a
single-family dwelling by relocating the structure away from a
severely eroding bank along Sconset Bluff to a point as close as
about one foot from the front yard lot line along Baxter Road in a
district that requires a minimum front yard setback of 30 feet.
Applicant is also seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law Section 139-16C(1) to reduce the northerly side yard
setback from the required ten feet to as close as about five feet
(with the structure currently conforming to said setback
requirement). At present the structure and attached garage are
sited as close as about 14.9 feet from the front yard lot line. In
order to maximize the separation from the eroding bank, the
Applicants also propose to alter and rotate the connection between
the dwelling and the attached garage wing, which would reduce the
nonconforming ground cover ratio from about 16.5% to about 16.3% in
a district that allows a maximum ground cover ratio of 12.5%. The
structure shall be so sited as to conform to the ten-foot southerly
side yard setback requirement. See also BOA File No. 061-87 and
120-88, which allowed an increase of the nonconforming ground cover
ratio by Special Permit. Applicant was granted similar relief with
conditions in the Decision in BOA File No. 032-04 and again in the
Decision in BOA File No. 059-05, which relief was not exercised
wi thin a timely manner and the Decisions are thus considered to
have expired.
The Premises is located
Assessor's Map 49, Parcel 8, Plan
zoned Siasconset-Residential-2.
at 87 BAXTER ROAD, S IASCONSET ,
Book 24 Page 2. The property is
3. Our decision is based upon the application and
accompanying materials, including substantial photographic
evidence, and representations and testimony received at our public
hearing. The Planning Board made no recommendation, determining
that no matters of planning concern were presented. A letter was on
file from Atlantic Aeolus Corp., dated March 23, 2004, that had
been incorporated into this file from BOA File No. 059-05, stating
that the recent increase in erosion had "brought the edge of the
buff dangerously close to the structure" and further recommended
that the structure be moved back "as soon as is practical". There
was no other support nor opposition presented at the public
hearing. Other portions of the record from the previous
Applications, in which relief was granted in the Decision in BOA
File No. 032-04 and No. 059-05, were incorporated into the subject
Application file.
4. As presented by the Applicants, the Locus is situated near
a portion of the "Sconset Bluff" which is rapidly eroding. They had
not exercised the original variance and special permit relief
granted in the Decisions in BOA File Nos. 032-04 or 059-05 as the
erosion seemed to stabilize during that time, primarily due to the
new mitigation measures that had been undertaken. Unfortunately,
during a recent four-day storm in April of 2007, the erosion became
severe and the bluff eroded back to within four feet of the rear of
the single-family dwelling. Applicants now need to move the
structure away from the Bluff and closer to Baxter Road per the
original requests to a site as close as about one foot from the
front yard lot line. This new Application is for the same relief
under the same conditions as previously granted. The dwelling is
now sited within the 35-foot required front yard setback area,
being sited about 14.9 feet from the street line at its closest
point. The edge of the pavement of Baxter Road is about eight feet
into the layout of Baxter Road from the front yard lot line, as
shown upon the "Plot Plan to Accompany Board of Appeals
Application", done by Jeffrey L. Blackwell, Professional Land
Surveyor, dated May 31, 2007, a reduced copy of which is marked as
Exhibit A and attached hereto, giving the appearance that there
would be a larger setback from the front yard lot line than
actually exists once the structure is moved. Because the attached
garage extends closer to Baxter Road than the main part of the
house, due to its angled configuration, the Applicants propose to
rotate and shorten the connector between the garage and the main
portion of the dwelling, as shown on Exhibit A, which would have
the effect of bringing the garage slightly closer to the northerly
side yard lot line.
5. Because of the natural processes of erosion affecting the
locus, the Board of Appeals considered that the moving of the
structure closer to Baxter Road would meet the statutory criteria
for variance relief and be consistent with the placement of other
dwellings and ancillary structures along the east side of Baxter
Road, many affected by erosion and benefited by similar grants of
variance relief. Therefore, based upon the foregoing, the Board of
Appeals, by UNANIMOUS vote, makes the finding that a grant of
relief to relocate the existing structure further into the front
yard setback area as proposed would be consistent with similar
relief granted on Baxter Road due to the documented severe erosion
of these lots and that owing to circumstances relating to the soil
condi tions and topography of the Locus, and especially affecting
the Locus and not affecting generally the zoning district in which
the Locus is situated, the literal enforcement of the front yard
setback requirement would involve substantial hardship to the
Applicants; the granting of a variance from the front yard setback
requirement would not result in substantial detriment to the public
good and would not nullify or substantially derogate from the
intent or purpose of the Zoning By-law. The Board further makes the
finding that the granting of relief by SPECIAL PERMIT to reduce the
northerly side yard setback for the relocated structure from ten
feet to five feet would be in harmony with the general purpose and
intent of the Zoning By-law.
6. Accordingly, by UNANIMOUS vote, the Board of Appeals
GRANTS relief by VARIANCE from the provisions of Zoning By-law
~139-16.A to reduce the front yard setback to as close as one foot,
and a SPECIAL PERMIT under ~139-16.C (1) to reduce the northerly
side yard setback to five feet to relocate the single-family
dwelling and attached garage as proposed, subject to the following
conditions:
(a) The relocated structure shall comply with the ten-
foot southerly side yard setback requirement;
(b) The work shall be done in substantial conformity
with the proposed location of the structure as shown
upon Exhibit A, allowing a minimum side yard setback
from the northerly lot line of five feet and a
minimum front yard setback of one foot;
(c) All wetlands, on or proximate the Locus, shall be
adequately protected from injury by trucks and
equipment used in connection with the relocation of
the structure;
(d) The contractors performing the work shall not use
the driveway or other property of any neighbor for
the turning of heavy equipment without prior written
permission from such neighbor; and
(e)
The Applicants shall be responsible
any damage to property of neighbors
with the work.
for repairing
in connection
Dated: June
2007
CelRRENT ZONING CLASSIFICATION:
Residential 2 (R-2) EXISTING:
MINIMUM LOT SIZE:
MINIMUM FRONTAGE:
FRONT YARD SETBACK:
REAR/SIDE SETBACK:
GROUND COVER % :
24759:t SF
SEE PLAN
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20,000 S.F.
75 FT.
30 FT.
10 FT.
12.5%
16.5% EXISTING
16.3% PROPOSED I
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- . . - DENOTES ZONING SETBACK LINE
Plot Plan to Accompany
Board of Appeals Application
in
Nantucket, Massachusetts
SCALE: 1"= 30' DATE: MAY 31, 2007
Owner: . . . . . . .~~U~~ fU.R~QW. . . . . . . . . . .
. . . . . . . .A~~ f~RRq~ . . . . . . . . . . .
DeedjCert.: ~K. .8~Q . ~G: .2~5. Plan: ~K..2.4. 'p9.? .
Tax Map: . ~~-.8. .. Locus: .#~~ ~J\XTE.R. R.O~D. . ,
THIS PLOT PlAN is NOT A CERTIFICATION AS TO TO THE TITLE OR
OWNERSHIP OF THE PROPERTi SHOWN. OWNERS OF ADJOINiNG PROPERTIES
ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR
RECORDS.
THIS PlAN MAY NOT BE USED FOR ANi OTHER PURPOSE THAN ITS
INTENDED USE NOTED ABOVE.
@ 2002 Blackwell &: Associates Inc.
C\SPF\PROJ\AC>J\B6311\ZBAdwg 5/31/2007 -'02830 AM EDT
ORIGINAL SIGNED AND STAMPED COPIES OF THIS PlAN MAY BE
PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET
COUNTY REGISTRY OF DEEDS FOR RECORDING PURPOSES.
IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED
HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PlAN. ONLY
ORIGINAlLY STAMPED AND ENDORSED COPIES SHAll BE
ACKNOWLEDGED BY THE CERTIFYING lAND SURVEYOR.
THIS PLOT PlAN WAS PREPARED TO ACCOMPANY AN APPLICATION
TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE
CONSIDERED A FULL INSTRUMENT SURVEY,
THIS PlAN SHOULD NOT BE U$ED TO ESTABLISH PROPE.RTi LINES.
FENCES. HEDGES OR ANi ANCILlARY STRUCTURES ON THE PREMISES.
THE PROPERTi LINES SHOWN RELY ON CURRENT DEEDS AND PlANS
OF RECORD.
BLACKWELL &: ASSOCIATES, Inc.
ProJessionaJ Land SUnJ8flors
20 Teasdale Circle
Nantucket, Massachusetts 02554
FBK.:160S (668) 888-9026 B- 0311
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:06
P.M.. FRIDAY. MAY 11. 2007. in the Conference Room, 2 FAIRGROUNDS ROAD, Nantucket,
MA, on the Application of the following:
SAMUEL FURROW AND ANN FURROW
BOARD OF APPEALS FILE NO. 038-07
Applicant is seeking relief by VARIANCE under Nantucket Zoning By-law Section 139-16A
(Intensity Regulations - front yard/side yard setback). Applicants propose to move and alter a single-
family dwelling by relocating the structure away from a severely eroding bank: along Sconset Bluff
to a point as close as about one foot from the front yard lot line along Baxter Road in a district that
requires a minimum front yard setback of 30 feet. Applicant is also seeking relief by SPECIAL
PERMIT under Nantucket Zoning By-law Section 139-16C(l) to reduce the northerly side yard
setback from the required ten feet to as close as about five feet (with the structure currently
conforming to said setback requirement). At present the structure and attached garage are sited as
close as about 14.9 feet from the front yard lot line. In order to maximize the separation from the
eroding bank, the Applicants also propose to alter and rotate the connection between the dwelling
and the attached garage wing, which would reduce the nonconforming ground cover ratio from about
16.5% to about 16.3% in a district that allows a maximum ground cover ratio of 12.5%. The
structure shall be so sited as to conform to the ten-foot southerly side yard setback requirement. See
also BOA File No. 061-87 and 120-88, which allowed an increase of the nonconforming ground
cover ratio by Special Permit. Applicant was granted similar relief with conditions in the Decision in
BOA File No. 032-04 and again in the Decision in BOA File No. 059-05, which relief was not
exercised within a timely manner and the Decisions are thus considered to have expired.
The Premises is located at 87 BAXTER ROAD, SIASCONSET, Assessor's Map 49, Parcel
8, Plan Book 24 Page 2. The property is zoned Siasconset-Residential-2.
a(QAf~ Ce~~/UW~
Nancy J. Sevre s, (fhamnan
TillS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER
INFORMATION.
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NANTUCKET ZONING BOARD OF APPEALS
~ if 1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
Owner's name(s): --\(xmueJ rUyvtJuJ Qnd AnY) r:c)yVlj LJ
_~~~I!!1~~~dress: (JcJ. f?fiK. 32(jJ7(p t rY10 X-Ul'/(e T r/IJ t'~ '79S'o .
. A~plicant' s n;~';(;).- ----TSWi1i)---------+-------------------- ..1.___________...... ._______~---_-----m----.
-
MaiUng address:. (So....vne)
. Locus 'address: ~7 Aa kyP( R (:00), err b-J'('(Jy?S'$ Assessor's MapfParcel:' 4. 9 -ft
. ( .
Land Court PlanlPlan Book & PagelPlan File NQ.: ex 4- -2- Lot No.:
Date lot acquired: f?7.liJesb Deed Ref./Cert. of Title: .839/29.5' Zoning District: ~1~-"2-
Vses on Lot- Commercial: NoneXYes (describe)
Residential: Number of dwellingsL Duplex---.: Apartments_Rental Rooms
. Building Date(s): All pre-date 7/721 or {Q-'0 C of 0(s)1
BUilding Permit Nos: _??S-~7U; 11CJ/2--t<?,' (I)II/-R~; u!-?l/,?Cf' 1 2M (r9o '/J5),0-.3
. . . I I / /
Previous Zoning Board Application Nos.: . . 1- . W --Pf?'. . :> -O'f'
FEE~ .$300.00
CASENO.~07
State below or on a separate addendum specific relief sought (Special ermit, Variance, Appeal), Section of
the Zoning By.;.law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
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I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under ~7"'ains and penalties of perjury.
SIGNATURE: 1I.It 1v~ Applicant Attorney/Agent J<
(If not owner or owner's attorney, p ease enclose proQf of agency to bring this matter before the Board)
F~OFFICE USE / .
Application received on()!it zO/tll By: . __ Complete: I~ Need copies?: )
Flied with Town Clerk: ~ @it en Plannrng Hoard :(jjJi/ _ Buildl.'" B ept.: :d-..I- ~ .
Fee deposited with Town Treasnrer:lU~d By: Waiver reqnested?:_ Granted: _~t_
Hearing notice posted with Town Clerk:..1i.J2.tl/QL Mailed:~/2( PlI&M:~/..L.(Q@ .5:J-eJ.
Hearing(s) held on:_I_I_ Opened on:_I_I_ Continued to:_I_I_ Withdrawn?:_I_I_
, .
DECISION DUE BY:_I_I_ Made:_I_I_ Filed wrrown C1erk:_I_I_Mailed:_I_I_
ADDENDUM
Applicant is seeking relief by VARIANCE under Nantucket Zoning By-law
Section 139-16A (Intensity Regulations - front yard/side yard setback). Applicants
propose to move and alter a single-family dwelling by relocating the structure away from
a severely eroding bank along Sconset Bluff to a point as close as about one foot from the
front yard lot line along Baxter Road in a district that requires a minimum front yard
setback of30 feet. Applicant is also seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law Section 139-16C(1) to reduce the northerly side yard setback
from the required ten feet to as close as about five feet (with the structure currently
conforming to said setback requirement). At present the structure and attached garage are
sited as close as about 14.9 feet from the front yard lot line. In order to maximize the
separation from the eroding bank, the Applicants also propose to alter and rotate the
connection between the dwelling and the attached garage wing, which would reduce the
nonconforming ground cover ratio from about 16.5% to about 16.3% in a district that
allows a maximum ground cover ratio of 12.5%. The structure shall be so sited as to
conform to the ten-foot southerly side yard setback requirement. See also BOA File No.
061-87 and 120-88, which allowed an increase of the nonconforming ground cover ratio
by Special Permit. Applicant was granted similar relief with conditions in the Decision in
BOA File No. 032-04 and again in the Decision in BOA File No. 059-05, which relief
was not exercised within a timely manner and the Decisions are thus considered to have
expired.
Applicants received similar relief in 2005 but never relocated the house,
preferring to wait to ascertain whether the erosion mitigation project in front of their
house would be effective. As the permit was never exercised, a new grant of variance
relief to relocate the house to as close as one foot is necessary. As a result of the four-day
storm during the week of April 16, 2007, more than 15 feet of level ground was lost,
bringing the top of the bank back towards the house to a point about four feet from the
northeasterly section ofthe deck. Applicants are currently undertaking the permit process
before other regulatory boards and commissions in order the move the house as soon as
possible. If the bank becomes undermined further, an emergency move will be requested
from the Building Department with the full knowledge that in order relocate the structure
permanently on a foundation.
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
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Sale Date
Sale Price
Book/Page
Lot Size
515
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Town of Nantucket, Mass
Map Composed
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498
87 BAXTER RD
FURROW SAMUEL & ANN
5300 TURTLE POINT
LAND
KNOXVILLE, TN 37919
08/04/2003
$900,000
00839/00295
0.57 acres
.
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Qjg@imer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the sUitability for individual needs.
All information is from the Town of Nantucket
(.;,::anf1r.::.nhir Tnfnrm.::ltinn ~\Ic:tpm rr::rc::' rl.::lt.::lh.::l<::A
Town of Nantucket Web GIS - Printable Map
Prop ID
Address
Owner
Sale Date
Sale Price
Book/Page
Lot Size
Page 1 of2
Town of Nantucket Web GIS
498
87 BAXTER RD
FURROW SAMUEL & ANN
5300 TURTLE POINT
LAND
KNOXVILLE, TN 37919
08/04/2003
$900,000 jQ(;7('
00839/00295 t b~
0.57 acres ~
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Disclaimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
GAnnr;:::mhir Tnfnrm::ltinn C::vc;tpm (r::Te:, n::lt::lh::lc:.p
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Town of Nantucket, Mass
Map Composed
http://host. appgeo. comlnantucketma/PrintableMap. aspx?Preserve= Width&Map Width=8 64... 4/20/2007
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
Prop ID
Address
Owner
Sale Date
Sale Price
Book/Page
Lot Size
498
87 BAXTER RD
FURROW SAMUEL & ANN
5300 TURTLE POINT
LAND
KNOXVILLE, TN 379%19
08/04/2003
$900,000 ~
00839/00295 .
0.57 acres
NOT A LEGAL DOCUMENT
a
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Disclaimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the sUitability for individual needs.
All information is from the Town of Nantucket
(:;j::).nnr;::tnhir Tnfnrm;:\tirm c;,v<:.t~m (r:;T~' rl;:\t~h;:\<:.p.
~~
Town of Nantucket, Mass
Map Composed
http://host.appgeo .com/nantucketma/PrintableMap.aspx ?Preserve= W idth&Map Width=4 32... 4/20/2007
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
Owner
Sale Date
Sale Price
Book/Page
Lot Size
498
87 BAXTER RD
FURROW SAMUEL & ANN
5300 TURTLE POINT
LAND
KNOXVILLE, TN 37919
08/04/2003
$900,000
00839/00~~~
0.57 ,ce.s (j!V I
NOT A LEGAL DOCUMENT
Q
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Dlscl<tLmer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
G,:3nnr.::tnhir Tnfnrm.::!ltinn C::vc:tpm rr:TC::' rl.::lt.::.h.::.c::.p
~~
Town of Nantucket, Mass
Map Composed
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CURRENT ZONING ct.ASSIRCATlON:
Residential 2 (R-2)
MINIMUM LOT SIZE: 20.000 S.F.
MINIMUM FRONTAGE: 75 fT.
FRONT YARD SETBACK: 30 FT.
REAR/SIDE SETBACK: 10FT.
GROUND CoVER '" : 12.5'"
EXISTING:
24759:l: SF
SEE PlAN
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f 6.5" EXISTING
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_ . . _ DENOTES ZONING SElBACK LINE
149.37'
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Plot PIfm to AccampfIft'g
Boanl 0/ A~als ApplicGtion
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ORIGM SIGNED AND SWIPED c:oPiS Of' llIIS PI.AN w,V BE
PHOTOCOPIED I1f nE BOARD OF APPfJLS OR nE tWfIUCICET
COIIfIY REGISIRV OF DEEDS FtR RECORIlItIl PURPOSES.
IN CASES OF DISCREPNfCIS RBWlIlIfG JNFORMA1ION CONWIED
tfEREOH Nil) UtWmIllfIIZED PIIOIOCOP6 Of 1HIS PlNf. ONlY
ORlG\NAU.Y STAMPED AND 9IlORSED CCPES SIW.l. BE
ACKNOWLEDGED BY mE CERff1IM; lAND SURVOOIt
lItIS PlDT PlAH WAS PREJWlED to NXOIIPAHY' AM APfUAlION SCAlE: 1M= 30' DATE: APRIL 7. 2004
~~ISNOrlO8E Owner:...... .~f1J.Rl\QW...........
llIS PlM SHOUlD t<<JT lIE ISD TO mAI!USH PROPfR1'( ltfES. . . . . . . . ~ f\!R~ . . . . . . . . . . .
FENCES, HBlGES oR"AH'i ANCWR'f S1RUCtURES OM 1HE JIREIISES.
THE PROPERlY LINES SHOWN RElY (If CtAlENT 0Emi AJlD PlMS DeeO/Cett.: ~ .~~ . P.G. ~!l5. PIon: eI{.~4. .pY.~. .
OF~ ,
lItIS PlOT Pt.Nl IS NOT A CERnFlCAllON IS TO TO nE 'JI1t[ OR Tax Uap: . ~~. .. Locus:. ~~ ~. R.~. . .
OWNERSHIP OF' 1HE PROPERlY SOOWN. OWNERS OF Af}J()IlIIG PIIIPEJmES
ARE S1O\'N M:tOIlllIMG TO CUllAENT 'tOWN OF tWftlJCl(Et ASSESSOR
RECORDS.
lHIS P\.Nt IIAY NOT Elf USED FOR AH'i 0l1lER PURPOSE 1llAN lIS
IN19IIED USE N01ED NXNt...
@ 200Z BIac:heI t AaaacialM n:.
C:\PROJ\JRP\B6311\ZBA.dwg 04/07/04 02:21:28 Phi EOl
WAY
BLAcmu ~ ASSOCIATES, Inc.
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zo reucfale tXn:II
NcanWet. Jl~ 0B564
fB\(.:160 8 (6f1lIJ ---- B-6311
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IU.l.-1t:JOC.C.DIC.V~
roWN OF NANlUCKaT
MASSACHUSETTS
Historic Disttict Commission
BuildingDcpartment
Conservation Commission
r Samu&l J. and Ann Furrow. the owners ofl7 Qa)Ua' Road, the, ~ hereby
authorize my Age1:Us David M. Boyce and Dana B. Boyce to awl DIllD1bcbBltto sign
applications. to change and. to make revJsior1s OJ) any appliQtioas with The ToWll of
Nantucket including but not 6mited to the Historic District Commission (HOC). the
Building DepartJnent. 8DdtheConservatiOB Commi!JPol'l.
~e,~
Ann Furrow
April 19. 2001
r.~
TOWN .OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: ~~r 12..- ' 200r'
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: Or-q -oS-
Owner/Applicant: SCJ ml.rcll kw'n--e.t") QYJcQ
~Ylr\ +::lWOcJ
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 necision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days. \
~~~
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING' TO NANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
. '.
NANTUCKET ZONING BOARD OF APPEALS
One East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 49, Parcel 8
87 Baxter Road, Siasconset
Siasconset Residential-2
Plan Book 24, Page 2
(No lot number)
Book 839, Page 295
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, August 12, 2005, at 1:00 P.M., in the
Selectmen's Meeting Room, in the Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, the Board made the following
decision on the application of SAMUEL FURROW and ANN FURROW, c/o
Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Massachusetts 02584, File No. 059-05:
2. The Applicants are seeking relief by VARIANCE from
Nantucket Zoning By-law ~139-16.A (Intensity Regulations front
and side yard setback). The Applicants propose to move and alter a
single-family dwelling by relocating the structure away from the
'Sconset Bluff, an eroding bank, to a point as close as about one
foot from the front yard lot line along Baxter Road, in a district
in which minimum front yard setback is 30 feet, and as close as
about four feet from the northerly side yard lot line (where it is
currently conforming), in a district in which minimum side and rear
yard setback is ten feet. At present the structure, with attached
garage, is sited as close as about 14.9 feet from Baxter Road. In
order to maximize the separation from the eroding bank, the
Applicants also propose to alter and rotate the connection between
the dwelling and the attached garage wing, which would reduce the
nonconforming ground cover ratio from about 16.5% to about 16.3%,
with the maximum ground cover ratio in this zoning district being
12.5%. The Locus is also nonconforming as to southerly side yard
setback, by less than one foot. See also Board of Appeals Files
Nos. 061-87 and 120-88, which allowed an increase of the
nonconforming ground cover ratio by Special Permit. Applicant was
granted similar relief with conditions in the Decision in BOA File
No. 032-04, which was not exercised within a timely manner and is
thus considered expired.
The Locus is situated at 87 BAXTER ROAD, SIASCONSET,
Assessor's Map 49, Parcel 8, is shown upon a plan recorded with
Nantucket Deeds in Plan Book 24, Page 2, and is situated in the
Siasconset Residential-2 zoning district.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony received
at our public hearing. The Planning Board made no recommendation,
determining that no matters of planning concern were presented. A
letter was on file from Atlantic Aeolus Corp., dated March 23,
2004, stating that recent increase in erosion had "brought the edge
of the buff dangerously close to the structure" and further
recommended that the structure be moved back "as soon as is
practical". There was no other support nor opposition presented at
the public hearing. Portions of the record from the previous
Application, in which relief was granted in the Decision in BOA
File No. 032-04, were incorporated into the subject Application
file.
4. As presented by the Applicants and their representatives,
the Locus is situated near a portion of the 'Sconset Bluff which is
rapidly eroding. They had not exercised the original permit in the
Decision in BOA File No. 032-04 as the erosion seemed to stabilize
and Applicants wished to get another summer before they had to move
the structure away from the Bluff. The new Application is for the
same relief under the same conditions as previously granted.
Portions of the Applicants' dwelling are now closer than the
previous distance of about 15 feet from the top of the bank. The
Applicants therefore propose to move the structure away from the
Bluff and closer to Baxter Road. The dwelling is now within the
required front yard setback area, being about 14.9 feet from the
street line at its closest point, as shown upon a plan by Blackwell
and Associates, Inc., dated May 25, 2004, a reduced copy of which
is attached hereto as Exhibit A. The edge of the pavement of
Baxter Road is about eight feet into the layout of Baxter Road,
however, as shown upon the Exhibit A plan, giving the appearance
that there is a larger setback from the front yard lot line.
Because the attached garage extends closer to Baxter Road than the
main part of the house, the Applicants propose to rotate and
shorten the connector between the garage and the main portion of
the dwelling, which would have the effect of bringing the garage
slightly closer to the northerly side lot line.
5. Because of the natural processes of erosion affecting the
locus, the Board of Appeals considered that the moving of the
structure closer to Baxter Road would meet the statutory criteria
for variance relief. However, members of the Board suggested that
the Applicants could make further changes which would reduce the
intrusion into the northerly side yard setback, and would enable
relief to be granted by special permit instead of variance,
pursuant to the provisions of ~139-16.C(1), which authorize the
granting of special permit relief to reduce the ten-foot side yard
setback distance in R-2 districts (including SR-2)
Accordingly, the Applicants were directed to modify
show a five-foot northerly side yard setback for
structure, as shown upon Exhibit A.
to five feet.
their plan to
the relocated
5. The Board of Appeals, by UNANIMOUS vote, makes the finding
that a grant of relief to relocate the existing structure further
into the front yard setback area would be consistent with similar
relief granted on Baxter Road due to the documented severe erosion
of these lots and that owing to circumstances relating to the soil
condi tions and topography of the Locus, and especially affecting
the Locus and not affecting generally the zoning district in which
the Locus is situated, the literal enforcement of the front yard
setback requirement would involve substantial hardship to the
Applicants, the granting of a variance from the front yard setback
requirement would not result in substantial detriment to the public
good and would not nullify or substantially derogate from the
intent or purpose of the Zoning By-law, and further makes the
finding that the granting of relief by SPECIAL PERMIT to reduce the
northerly side yard setback for the relocated structure from ten
feet to five feet would be in harmony with the general purpose and
intent of the Zoning By-law. Accordingly, by UNANIMOUS vote, the
Board of Appeals GRANTS relief by VARIANCE from the provisions of
Zoning By-law ~139-16.A to reduce the front yard setback to one
foot, and a SPECIAL PERMIT under ~139-16.C(1) to reduce the
northerly side yard setback to five feet, subject to the following
conditions:
(a) The relocated structure shall comply with the ten-
foot southerly side yard setback requirement.
(b) The
with the proposed
A, allowing a side
feet and a minimum
work shall be done in substantial conformity
location of the structure as shown upon Exhibit
yard setback from the northerly lot line of five
front yard setback of one foot.
(c) All wetlands, on or proximate the Locus, shall be
adequately protected from injury by trucks and equipment used in
connection with the relocation of the structure.
(d) The contractors performing the work shall not use
the driveway or other property of any neighbor for the turning of
heavy equipment without prior written permission from such
neighbor.
(e) The Applicants shall be responsible for repairing
any damage to property of neighbors in connection with the work.
(BOA File No. 059-05)
~...
Dated: August~, 2005
\
,
CURRENT ZONING CLASSIFICATION:
Residential 2 (R-2) EXISTING:
MINIMUM LOT SIZE: 20,000 S.F.
MINIMUM FRONTAGE: 75 FT.
FRONT YARD SETBACK: 30 FT.
REAR/SIDE SETBACK: 10FT.
GROUND COVER " : 12.5"
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ORIGINAl. SIGNED AND STAYPED COPIES OF 1HIs PIAN MAY BE Plot Plan to Accompany
~~~=~~:~~ Board oj Appeals Application
IN CASES OF DISCREPANCIES REGARDING INFORUAllON CONTAINED in
:u.~'k~=C:JF ~ W' ONlY Nantucket, Massachusetts
ACKNOWLEDGED BY 1llE CERTlFYING LAND S\JIMYOR.
THIS PLOT PIAN WAS PREPARED TO NXOlAPNlf AN APPUCAll0N SCALE: 1"= 30' DATE: MAY 25. 2004
~~ =~su~~ IS NOT TO BE Owner: . . . . . . .~U~ fU.R~QW. . . . . . . . . . .
lHIS PIAN SHOUlD NOT BE USED TO ESTABUSH PROPERTY UNES. ANN FURROW
FENCES. HEDGES OR Nlf ANCIl.I.AR'f STRUCTURES ON THE PRE!.IISES. . , . . . . . . . . . . . . . . . . . '- . . . . . .
THE PROPERlY lINES SHOWN RaY ON CURRENT DEEDS AND PlJ.NS DeedjCert.: ~K. .8~~ . ~Gl .2~5. Plan: e~.2.4. .p~.? .
OF RECORD.
THIS PLOT PIAN IS NOT A CERTIFICATION ~ TO TO 1llE 111lE OR Tax ftlap: . ~~-:8. .. Locus: .#~~ l3AXfE~ .R.O~. . .
OOIERSHIP OF THE. PROPERTY SHOWN. OWNERS OF AWOINING PROPERI1ES
ARE SHOWN NXORDING TO CURRENT TOWN Of NANTUCKET ASSESSOR
RECORDS.
THIS PIAN YAY NOT BE USED FOR Nlf OTHER PURPOSE llWl ITS
INTENDED USE NOTED N!INf..
~ 2004 BIcx:knII ~ AAoc:lata Inc.
C:\PROJ\ADG\B6311 \ZBA l.dwg OS/25/04 01 :16:5.3 PM EDT
WAY
\
BLACKWELL d: ASSOCIATES, Inc.
Profmiona.l La.nd. Surve'IJOf'S
20 Teasdale Circle
Nantucket, Massachusetts 02554
FBK.:160 8 (508) 228-9026 B6311
---
.
-# 51 CO
RECEiVED
BOARD OF ASSESSORS
APR 2 0 Z007
TOWN OF
NANTUCKET, MA
Town of Nantucket
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATIER OF THE PETITION OF:
PROPERTYOWNER."...,"~.,-3~,.,
MAILING ADDRESS.,.,..,..,..............,........."...,...,....,.................."..."",.....,
PROPERTY LOCATION...., ,..F.1.,.,.~" ,..&-.... ,..,., ,...' ,.
If f- g .
ASSESSOR MAP/P ARCEL.,.....".."........,....,.........",."...,.....",......"......,.."..
APPLICANT...,..".....,.5I!./?1.:-, 6.."".........,..,.".".........",......",...."..",.
SEE ATIACHED PAGES
I certify that the foregoing is a list of 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, all as they appear on the
most recent applicable tax list (M.G,L. c. 40A, Section II Zoning Code Chapter 40A
Section 139-298 (2)
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