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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 d --.J '-- ;.z Owner/Applicant: SAMUEL FURROW AND ANN FURROW I --' :..:;:l N Enclosed is the Decision of the BOARD OF APPEALS which has~his ..t::.. 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 n " 20,000 S.F. 75 FT. 30 FT. 10 FT. 12.5% 16.5% EXISTING 16.3% PROPOSED I ( ....... ~ q; () F z q; r= q; q; ~ .:s q; I I"- co . N I:Z;~ coO~ v~ , () <.5 -.i f,-- .J q; I a. VJ q; u... o w <:J o ~W o P::: 149.37' \ .. -,. 4J.' -., -..- , , "',\ 4' ....... Jf/y~ _ ........ ....... I "" \ ' I I j I j : u.../ I ~ 0\ i ~ \ ' \ i I : / I j : ~j ! j , j ! ,-, I \"-" l I~ () I~ n co N <0 P::: ~ c:Q I / -H ",/ 0' 149.90' \ \ \ WAY - . . - 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 .. ~~". ~ 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. ~ ". ~ .,i: : .... , , ~\!_I,,,~t;, ~ !.;". . \ '(Wll,,<.1 ,f""1f~.... .. III . ~~ I ., , 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: -' 1 d --.J Lill (f ~AP(f a cfJ2w.c&rJ~' = co ;::0 N .+:>. V vJ Gj \0 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 //,.. " /' ~\ / )4 I "",,-,./.j.' Sale Date Sale Price Book/Page Lot Size 515 a ~~ Town of Nantucket, Mass Map Composed http://host.appgeo.comlnantucketma/PrintableMap.aspx?Preserve= Width&Map Width=345... 4/20/2007 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 ~~~ ~ 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 http://host. appgeo .comlnantucketma/Printab leMap.aspx?Preserve= Width&Map Width=4 32... 4/20/2007 \ .. -.. -.. -. - ~.. - - - -. - -.. --, ~\ I ~, : ...... I JiNt,.-::- - ' ""..... . ....... I ,. \ . I ~ I I I : ~r ! ~ \ . af \ ! ~ \ i I : r I I : ~I ! I . I ! f i ","-" 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 M . . f 6.5" EXISTING 16.3" PROPOSED I I ~ ~ <C ... o l' w -- u ~ ~ ~ ,... ~ o 1= ~ <C ~ ..... ~ "' _ . . _ DENOTES ZONING SElBACK LINE 149.37' DECK 1-49.90' <C ,!. IDz~ .ld:= ~~ d U J Plot PIfm to AccampfIft'g Boanl 0/ A~als ApplicGtion '" N..... Jlassacllusetfs 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. ~ 1Mtl L...... zo reucfale tXn:II NcanWet. Jl~ 0B564 fB\(.:160 8 (6f1lIJ ---- B-6311 Ht"'1'(-c:l!J-~f lOJ.; J.t:II" r-r<:LJI"r;CUTI...t r<:~HLI T ;:)DO CJI O::>c.,.) 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" ~ ~ l5 2':t ~ - ~ ~ g < () F ~ < < ~ "" ~ ~ \ .. -.. -.. _..~.. -" -.. -.. -.. ~~ " ........ JIM,-, - _ e " ....... " \ I / / l5' \ \ \ I , / #/ / / I I "," \ -.0 \ \ , 24759:1: SF SEE PLAN .. .. 16.5" EXISTING 16.3" PROPOSED I , : \ I PROPOSED . LOCATION ! J V I I - . . - DENOTES ZONING SE1BACK UNE 149.37' l 115 I~ < I to- lI):i~ ~ cb~;: N "'1-. cd () 110<3 .... .J I I I I N ;2 st6Rv W!F DWElliNG DECK 149.90' 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) D(l;Md d~ ;?a> 1 ~(j~ Town of Nantucket [ ] .. lillil..:il ~ 3:il :il :il :il :il :il :il t: t: :il 3 :il :il :il :il t: i i!!!!!!!!!!i!!!!! ... . ... 'r .. M ~ ~ ~ 0 0 ~ 0 ~ " .. .. N . .. ~ ~ " 0 ~ M ~ ~ M ~ ~ " ~ ~ " ~ ~ ~ ~ ~ 0 ~ CD . ~ " CD " 0 0 ~ ~ 0 . " 0 .... rcOfl"l00r4_0.,...Ol'tMo\Oano H 0...,.,""0.".,.....00....0...." " C71 .. '" ti ~ti~!i!i~!il!i!il~ti~~tit;!i!~ j.. E.E ~ B ~ ~ g g I : 8 : ~ ~ s I ~ ~ ~ ~ g ~E~ifillfi~~ElaEI~a . . . .. ... ... oC '" II ... .... i \ ~ 2 2; t ~ III l ~ ~ !! to ~ .. 'fl .. t:: .. .. I:j 5 ~ !j.... co '" , .. -t. 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