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Home My WebLink About002-08 Freeman g r"". ;-.-' : :"1 :::>:::0 -0 ::D ..... TOWN OF NANTUCKET ;g BOARD OF APPEALS ~ _0::::. NANTUCKET, MASSACHUSETTS 02554--J .t:::. Date: April 14 ,2008 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 002-08 Owner/Applicant: Steven T. Freeman and Erin P. Freeman 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 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. (lIJ ~ ~ftfA, l)MJ Michael J. O'Mara, Chairman 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. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MA 02554 Assessor's Map: 48 Parcel: 21 93 Baxter Road Lot 13 on Plan Book 4, Page 46 Deed Reference: Book 1063, Page 97 At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS held at 1 :00 p.m., Friday, February 8, 2008, in the Conference Room, 2 Fairgrounds Road, Nantucket, Massachusetts 02554 on the Application of Steven T. Freeman and Erin P. Freeman, of 1625 NE 5th Court, Ft. Lauderdale, Florida 33301, Board of Appeals File No. 002-08, the Board made the following decision: 1. Applicant is seeking relief by VARIANCE under Nantucket Zoning By-Laws Section 139-16A (Intensity Regulations - Setbacks) as well as a SPECIAL PERMIT for the alteration of pre-existing, non-conforming structures pursuant to Section 139-33(A). Applicant proposes to relocate an existing single-family dwelling away from an eroding coastal bank on the easterly side of the Locus. Applicant wishes to site the structure at about 1.2+/-' feet from the westerly front yard lot line along Baxter Road in a district that requires a minimum front yard setback of 30' feet. Additionally, in order to facilitate the relocation of the existing single family dwelling, the Applicant proposes to relocate an existing garage on the Locus to 1.5'+/- from the southerly side property boundary and 6.9'+/- from the westerly front property boundary. The Premises is located at 93 BAXTER ROAD, SIASCONSET, Assessors Map 48, Parcel 21, Plan Book 4, Page 46 at the Nantucket Registry of Deeds. The Property is zoned Residential-2 ("R-2"). 2. The Decision is based upon the Application and the material submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation, as the matter was not of planning concern. There were no letters on file in favor of or in opposition to the Application. No opposition was expressed at the Hearing. 3. Locus is a pre-existing non-conforming lot of record having a total area of 12,321 +/- square feet in a zoning district with a minimum area requirement of 20,000 square feet. The existing house is currently located 14.7' feet from the westerly front property bound and 1.3' feet from the northerly side property bound, respectively, in a zoning district that requires a 30' foot front yard setback and 10' foot side yard setback The existing garage is currently located 11.3' feet from the southerly side property bound. Locus has an existing ground cover ratio of 18.6% (or 2,287::!= square feet) in a zoning district with a permitted maximum ground cover ratio of 12.5% (or 1,540 ::!= square feet). The existing locations of the house and garage on the Property, as well as the proposed relocation of the house and garage, are shown on the attached Site Plan prepared by Bracken Engineering, dated December 20, 2007, a copy of which is attached hereto as Exhibit "A". The Applicant proposes to move the existing house away from the eroding coastal bank situated just seaward of this portion of Baxter Road, Siasconset. As proposed, the relocated house will be 1.2' at its closest point from the westerly front property bound. The house as relocated will be approximately 11.2'::!= from the paved portion of Baxter Road. The relocated house will not move any closer to the northerly side property bound than its current location of 1.3' feet. Additionally, in order to facilitate the proposed house move, the existing garage must also be relocated. As proposed, the relocated garage will be 1.5' feet from the southerly side property bound and 6.9' feet from the westerly front property bound, as shown on Exhibit "A" hereto. 4. Also, to the extent necessary and due to an overage on ground cover, Applicant, through counsel, requested a Special Permit for the alteration of the pre-existing, non-conforming structures under S 139-33(A) to move both the main house and garage away from the eroding coastal bluff. 5. Counsel for Applicant represented that the distance between the single-family dwelling upon the Premises and the top of the coastal bank has been greatly reduced due to coastal erosion and that it was now at risk of being lost to the sea. In support of the Applicant's request for relief, counsel submitted a site plan showing the proximity of the dwelling upon the Premises to the top of the coastal bank, dated December 20, 2007 and prepared for the Applicant by Bracken Engineering, Exhibit "A" hereto. Applicant's counsel, through oral representations at the hearing and by reference to the attached Site Plan, showed the edge of the pavement of Baxter Road to be approximately 10 feet from the Applicant's front yard property line. The zoning district requires a 30' foot front yard setback and a 10' foot side yard setback. The Applicant's plan reflects that the main house, if moved as proposed, would be 1.2'+/- feet from the westerly front yard property line in a zoning district that requires a 30' foot front yard setback and no closer to the northerly side property bound that its current location of 1.3 '+/- feet; and the garage, if moved as proposed, would be 1.5'+/- from the southerly side property bound and 6.9'+/- from the westerly front property bound at its closest point. 6. Counsel for Applicant also noted for the record that the Zoning Board of Appeals, in Decision No. 010-92, granted virtually identical relief to Applicants regarding Locus herein and further noted that this Board has regularly granted similar VARIANCE and SPECIAL PERMIT relief allowing front yard setback encroachments due to coastal bank erosion. In fact, this Board has granted such relief to several other abutters and nearby properties of the Applicant. Counsel also stated for the record that the Nantucket Conservation Commission and Historic District Commission have held public hearings on the proposed relocation of the dwelling and have granted the relief as requested and appropriate with Applicant's request herein. 7. Therefore, the Board specifically finds that the relocation, change and alteration of the pre-existing, non-conforming structures on the Locus will not be substantially more detrimental than the existing non-conforming structure to the neighborhood and, therefore, there are sufficient grounds upon which to base a grant of SPECIAL PERMIT, and owing to circumstances relating to the soil conditions, unstable sandy coastal bank, and topography of the Property due to the proximity of said eroding coastal bank, and especially affecting this Property and not generally the zoning district in which the Locus is situated, that a literal enforcement of the provisions of Section 139-16A of the Nantucket Zoning By-Law would involve substantial hardship, financial and otherwise, to the Applicant and that relief would be in harmony with the general purpose of the Zoning Bylaw and may be granted without substantially derogating from the intent ofthe By-Law and, as such, there are sufficient grounds upon which to base a grant of VARIANCE. 8. Accordingly, by a UNANIMOUS VOTE, the Board grants the requested SPECIAL PERMIT under Nantucket Zoning By-Law Section 132-33(A) and VARIANCE under Nantucket Zoning By-Law Section 139-16A to alter the pre-existing, non-conforming structures on the Locus and to reduce the westerly front yard setback distance from 30' feet to 1.2'+/- feet and the northerly side yard setback from 10' feet to 1.3' feet to allow the relocation of the single-family dwelling as proposed and to reduce the southerly side yard setback from 10' feet to 1.5' feet and the westerly front yard setback from 30' feet to 6.9' feet to allow for the relocation of the existing garage as proposed on the upon the following conditions: (a) The relocation shall be done in substantial conformance with Exhibit "A"; (b) The relocation shall be done in substantial conformance with Nantucket Historic District Commission Certificates of Appropriateness Nos. 51602 and 51603; and (c) No construction will take place between June 15 and Labor Day. SIGNATURE PAGE TO FOLLOW DATED: Apri1JL,2008 Nantucket, Massachusetts Nantucket, ss. . I1r f{t\~~ ~d~ oYe , .' . i Ii DalewaiueL . ~L--# ~- .IZ:erim Koseatac ~-;:~ Burr Tupper / ' COMMONWEALTH OF MASSACHUSETTS April JL, 2008 On this J I _day of April, 2008, before me, the undersigned notary public, personally appeared fC;u.yr 7it I"/d~r and proved to me through satisfactory evidence of identification, which were to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. dwAu -~/JI~ NOTARY PUBLIC l4'Ht'>~~. Mt:J(J~ My Commission Expires: tvl4.yc:.h ;';1, da'~ ," I:l ~~ .~ ~ ~ ~ ~~ ~ ~ !!l ~ .. ~I~ ~ ., '" .. " ... .. " ~ " " " '" " ,., 1II I ., ~ ., ., r . ::. ~ ~ i " .~ ~ "" ~ ~ ~ ~I~ '" Co ., ... " " " " " 1II " " " I .~ l(l ~ ., ~ ~r ......~_.. '" .. " ... ~ ! . ,., . " ,., " ::0 i; . 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I c " "Exhibit A" TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 STEVEN T. FREEMAN AND ERIN P. FREEMAN, FILE NO. 002-08 Applicants are seeking Variance relief pursuant to Zoning Bylaw section 139-32A from the requirements of Zoning Bylaw section 139-16A (intensity regulations - front and side yard setback) in order to move the existing house away from the eroding coastal bank. Due to an overage on ground cover, Applicants seek Special Permit relief pursuant to Zoning Bylaw section 139-33(A) (Special Permits) for the alteration ofthe pre-existing, non-conforming structure. No additional ground cover will be added. The site is located at 93 Baxter Road, is shown on Tax Assessor's Map 48 as Parcel 21, and is show on Land Court Plan Book 4, Page 46. g --l..." 0::' :E"'" C- ;:t::a :z N w :;i:~'" (-."., r-' 1'1 :'~t E: a o 00 -r". """"..-' 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile