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HomeMy WebLinkAbout027-05 # TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Date: JU~ /'3~CXJs- TO: Parties in Interest and Others concerned with the w Decision of the BOARD OF APPEALS in the Application-gf the following: ~0 OWNER/APPLICANT: 0:2 7-0 ;;:- ST~~ J!>, ('clhe~ -s- ...... APPLICATION NO.: Enclosed is the Decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. This Decision provides a CLARIFICATION (not a Modification), an EXTENSION, or authorizes a TEMPORARY PERMIT under Nantucket Zoning By-Law ~139-26H, with NO twenty (20) day appeal period required. cc: Town Clerk Planning Board Building Department NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 Assessors Map: 48 Parcel: 34 Sconset -Residential-2 116 Baxter Road Certificate of Title No. 21,113 Lot 2, Land Court Plan No. 26509-B DECISION: At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, July 8, 2005, at 1:00 P.M., in the Conference Room in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application for a TEMPORARY PERMIT for STEPHEN B. COHEN, in connection with property known as 116 Baxter Road. Siasconset, Massachusetts, original Board of Appeals File No. 027-05: 1. Applicant is seeking a TEMPORARY PERMIT under Nantucket Zoning By-law Section 139-26H to allow exterior construction on the dwelling on the site to continue temporarily until August 1, 2005, which would be a month longer than allowed for exterior work in the Decision in BOA File No. 027-05 related to this specific project. The building was moved from the east side of Baxter Road to a vacant lot also owned by the Applicant on the west side of Baxter Road, and is currently on scaffolding above the partially constructed foundation. The Applicant is asking the Board to grant the emergency permit in order to complete the exterior construction by August 1, 2005 rather than July 1 of this year. The Premises are located at 116 Baxter Road, Assessor's Map 48, Parcel 34, Lot 2 on Land Court Plan No. 36509-B. The property is zoned Sconset-Residential-2. 2. Our decision is based upon the written request and the photographs, evidence and testimony received at our public meeting. 3. Applicant, through their representatives, stated that it did not become apparent that the exterior work on the project would not be completed until after the notice requirements had passed for application for a modification of the original decision had passed. Applicant represented that due to unforeseen circumstances, specifically the extended inclement weather this spring and early summer and the building permit not having been issued until mid-May, and despite diligent efforts, the move of the single-family dwelling and construction of the new foundation were substantially delayed. It would be in the public's and the neighborhood's best interests to complete this phase of the project as soon as possible, which would entail completion of the foundation and securing the structure to said foundation. Applicant anticipated that approximately one I additional month of work would be needed on the exterior of the building before it would be structurally stabilized so that exterior work could safely be halted until September 15th as required by the condition in the original decision which reads: ~there shall be no exterior construction in connection with the project permitted by this relief between July 1st and September 15th of any year." The property is situated on the upper northerly portion of Baxter Road, near the Sankaty Lighthouse, where there would traditionally be less traffic resulting in less congestion than other in-town locations where similar conditions have been imposed. However, the area close to the lighthouse attracts many visitors on foot, especially children, and leaving the structure suspended over the foundation and not affixed securely could pose a significant danger if work does not proceed immediately to rectify the situation. 4. Therefore, based upon the foregoing, the Board finds that granting the Temporary Permit to allow exterior work to be undertaken up to August 1, 2005, as presented, would be necessary to promote the proper development of the community, and that it would be a public benefit to have the structure securely fixed on its new foundation rather than let it remain in its current condition until September 15, 2005, when exterior work could resume. The Board so finds that the duly required written request was submitted by the Applicant and that allowing the extension of time would promote the proper development of the community, particularly the neighborhood in which the Locus is situated in order to make the structure secure on the site. / 5, Accordingly, by a UNANIMOUS vote, the Board hereby @ J. GRANTS a TEMPORARY PERMIT, under Nantucket Zoning By-law Section 139-26H allowing an extension for exterior work~~/W~:m~ related to this project until August 1, 2005. Thereinafter, ~,oD~O}. the conditions, as originally written, shall be in full force and effect unless sUbsequen~.modified by thiS1.Bo Dated: July 10 ,2005 ,j( J I J ') ~ ,.. Da aine 2 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Da te: P'9pVi 7 (2-, 2 CX?5' To: Parties in Interest and. Others concerned with the Decision of .the BOARD OF APPEALS in the Application of the following: Owner/Applicant: d,? 7 -os- 9~heV\ B. Cdhelf) . L Application No.: -w, . , Enclosed is th~ 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 pursu~nt 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 Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. cc: Town Clerk Planning Board Building Commissloner 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); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 Assessors Map: 48 Parcel: 34 Sconset - Residential- 2 116 Baxter Road, Siasconset Certificate of Title No. 21,113 Lot 2, Land Court Plan No. 36509-B At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS held at 1 :00 p.m., Friday, April 8, 2005 in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts on the Application of STEPHEN B. COHEN, of 4530 Klingle Street, NW, Washington, D.C. 20016, Board of Appeals No. 027-05, the Board made the following Decision: 1. Applicant is seeking relief by VARIANCE under Nantucket Zoning By-law Section 139-17 (height requirements) and Section 13 9-16A (Intensity regulations - ground cover). Applicant was granted similar relief in the Decision in BOA File No. 045-02 but the relief was never exercised and is said to have expired. Applicant proposes to relocate an existing single-family dwelling from an about 14,285 square-foot lot, shown as 117 Baxter Road, by moving it from its present location to the Locus across the street, a vacant lot at 116 Baxter Road. Applicant states that the safety of the structure is being compromised due to severe eroding of the 'Sconset Bluff. There would be no change in ground cover of the structure as a result of the move. The structure currently conforms to zoning requirements. However, once moved the structure would exceed the maximum height allowed as the vacant lot has a steep slope. In addition, the ground cover ratio on the nonconforming vacant about 12,407 square-foot lot would exceed the maximum allowed of 12.5% or 1500 square feet, whichever is greater, and proposed ground cover ratio would be about 13.9%. The minimum lot size requirement in the district is 20,000 square feet. The structure would meet all setback requirements. See BOA File No. 027-98 and 021-74. The Premises is located at 116 BAXTER ROAD, SIASCONSET, Assessor's Map 48, Parcel 34, Land Court Plan 36509-B, Lot 2 The property is zoned Residential-2. 2. The Decision is based upon the application and the material submitted with and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation as the matter was not of planning concern. There was one letter in the file in favor of the application, but concerned over the timing of the house move. 3. Applicant, through counsel, represented that the Locus had been benefited by a previous grant of similar relief in the Decision in BOA File No. 045-02. Applicant never exercised said relief as there was no immediate need to relocate the house at that point, and the relief lapsed in the intervening time. Applicant was now before the Board seeking the same relief (minus a request for setback relief as the zoning district changed since 2002), as the rate of erosion had increased dramatically on the lot the structure was currently situated on. He stated that there was an immediate need to relocate the existing dwelling, currently located at 117 Baxter Road across the street from the Locus, because the property at 117 Baxter Road had been and continues to be negatively impacted due to the severely eroding Sconset Bluff and the dwelling was in danger of being destroyed if left in its current location. Both properties were situated within the Sconset-Residential-2 zoning district. However, though the structure is currently conforming on the lot at 117 Baxter Road, once moved it would not comply with ground cover or height requirements, as the Locus had a steep change in grade from the street level in a westerly direction and was smaller in area than the lot at 116 Baxter Road. When relocated to the Locus, the west side of the dwelling would not comply with the maximum height allowed under the By-law. In addition, the ground cover ratio would be about 13.9% without any change in the ground cover of the structure. Applicant stated that the Locus was unique in the zoning district because of the steep change in elevation from Baxter Road to the westerly rear of the property, affecting only a few buildable lots in that immediate area. According to the "Plan of Land" prepared by Charles W. Hart & Associates, dated April 8,2002 and revised on April 4. 2005, a reduced copy of which is attached hereto as Exhibit A, over the length of the property, a distance of approximately 45 feet, the land drops from an elevation of about 84.3 feet to an elevation of about 72 feet. In a plan marked as "Cohen - House Move", done by V allorie Oliver, dated June 12, 2002, a reduced copy of which is attached hereto as Exhibit B, a schematic indicated the relative heights above mean grade after relocation, based upon the topographical information contained in Exhibit A. 4. Applicant stated that based on Exhibit A the height of the dwelling when relocated to the Locus would exceed the maximum height of 30 feet above mean grade allowed under Section 139-17 of the By-law and that the southwesterly side of the building would exceed the maximum height allowed of 32 feet for a single side of a structure. Based on the calculations reviewed at the hearing, once the dwelling was relocated to the Locus, at its highest point, the building would be no higher than about 38.2 feet on the southwesterly side. A grant of variance relief relative to the maximum height allowed would be necessary to relocate the structure. Applicant stated that there were few other options available to relocate the house to and had purchased this property for this specific purpose for when the time arose to move the house. The garage structure would not be moving to the Locus. Applicant represented that once relocated, the house would also be consistent with the dwellings on both sides of the Locus, which were also sited below the road and on the steep bank. The dwelling would not be materially changed when relocated to the Locus, it being the intention of Applicant to maintain the exterior appearance of the dwelling. The Board had granted similar relief over the past several years in order to allow other houses on the east side of Baxter Road, which were threatened by erosion, to relocate to the west side of Baxter Road or move back within the required front yard setback area, including several in that immediate portion of Baxter Road. 5. Applicant stated that based on the Plan, the dwelling when relocated to Locus would exceed the maximum allowable ground cover for this lot as set forth in Section 139-19. The dwelling had a ground cover of about 1,734 square feet. Since the Locus was a subminimum lot of record, the allowable ground cover for the Locus was the greater of 12.5% or 1,500 square feet. Once the dwelling was relocated to the Locus, it would have a ground cover ratio of about 13.9%, a ground cover of approximately 184 square feet greater than the maximum allowed. The dwelling, once relocated would conform to all setback requirements with ten feet being the allowed a minimum side yard setback for the SR-2 zoning district. The Locus would also conform to the parking requirements as one parking space would be located as shown on Exhibit A. Furthermore, there would be no expansion of the ground cover beyond what already existed at 117 Baxter Road. 6. Therefore, based upon the foregoing, the Board specifically finds that owing to the extreme grade change in the topography of the land comprising the Locus and especially affecting Locus but not affecting generally the zoning district in which it is located, that a literal enforcement of the provisions of Zoning By-law Section 139-17 and Section 139-16A would involve substantial hardship to the Applicant, and further that the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By-law. The Board also finds that the Applicant has been forced to relocate the dwelling to the Locus as the result of severe erosion of the Sconset Bluff on the property at 117 Baxter Road. As the house has already been constructed, it would impose a financial hardship to the Applicant to require reconfiguration of the existing house and leaving the house on the lot at 117 Baxter Road could impair the structural integrity of the dwelling and have a negative impact on the public should the structure deteriorate and impact the beach below. The Board sees no public benefit if the Applicant was forced to reduce the footprint of the building in order to bring the ground cover into compliance with the By-law in order to move the structure to the Locus. 7. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by VARIANCE, from the height restrictions of Nantucket Zoning By-law Section 139-17 and the ground cover restrictions of Section 139-16A, to allow the relocation of the dwelling as proposed, currently located at 117 Baxter Road to the Locus at 116 Baxter Road, upon the following conditions: (a) The average height of any one side of the building when relocated, shall not exceed 31.4 :I:: feet as measured from the Average Mean Grade to the highest point of the building or structure and no one building side shall exceed 38.2:1:: feet; (b) Once the house has been relocated, no new structures shall be constructed on the property located at 117 Baxter Road and it shall be returned to its natural state and reseeded by July 1, 2005 should the house move be done prior to that date; (c) The house shall be sited in such a manner as to conform to all parking and setback requirements, with the use of Exhibit A and B, to attest to the height calculations and not as to specific location of the structure beyond aforementioned compliance. (d) There shall be no exterior construction related to this specific project between July 1 and September 15 of any given year; and (e) There shall be no further expansion of the structure without further relief from this Board, with Board's acknowledgement that decks that do not count for ground cover may be constructed and would not need further relief from this Board as long as they are conforming as to setback requirements. (027-05 ZBA Dec.) Dated: Aprill~ 2005 C. Richard Loftin David Wiley - . :',j _/ " ~ ~ \Y 1'IC J;AtJ A1' BAtJ oC ~ ~~ ~ ~ ~ ~~ ~ ~ ~ <::) ;~ ~ ~ -.e; ~ G~~~~ ~~"-;:; t:''<;n-;J,,,,,~~ t, ~ t, "'" ~ ...... ~ ~ <!j S:1 c:ssc:s ~ fs ;;;; "'-- S>~ ~ ~ ::-;; ~ ts [;1",- ~~~ ~a:~~<J~ ;;S ~ "" ~ ~ ~ ~ ~ t; ~ -- -- ./ / / / / ..---- /996 ........ '5....~,...., / ~~'c~ / ,\\0\1 // ~(i'~ ......... ~eo\J1 -- -- l.Jl.uffi <O~" ~Vl~ i~1 i" ,,~ ~" ~~ '" rj,\1 . 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I -?- cL) & ~ } J ;t '~\ ~ z;: 8 '- \ -Ii '- ~ TO~, ' OF' - , - ' \ r ~. ==r- {~K , I l ~' J ..---/ .J? ;:\' \ ~, ' ,l \ ~ \ y i i '~ ~ j~ ii ~~ ~ i .. ~ ~ '~I \ l ~~ I~j~ - ~~ ,,.:2!- ---:::; -- - - - - - ~ \-., ~ +-1 ('{ ():) tV\ i '-' f,. -.r~ ;sO'<l'c,0 ~~;tN'" j I fff ~ {fit ~ "'- ~<tfrCl' ~ ~;; ~ ~ j ~J H - l' ~ ~ l l ~ l , c':' J :\ C) _f: _ ~~ ~ . TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET 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 1:00 P.M., FRIDAY, APRIL 8, 2005, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: STEPHEN B. COHEN BOARD OF APPEALS FILE NO. 027-05 Applicant is seeking relief by VARIANCE under Nantucket Zoning By-law Section 139-17 (height requirements) and Section 139-I6A (Intensity regulations- ground cover). Applicant was granted similar relief in the Decision in BOA File No. 045- 02 but the relief was never exercised and is said to have expired. Applicant proposes to relocate an existing single-family dwelling from an about 14,285 square-foot lot, shown as 117 Baxter Road, by moving it from its present location to the Locus across the street, a vacant lot at 116 Baxter Road. Applicant states that the safety of the structure is being compromised due to severe eroding of the 'Sconset Bluff. There would be no change in ground cover of the structure as a result of the move. The structure currently conforms to zoning requirements. However, once moved the structure would exceed the maximum height allowed as the vacant lot has a steep slope. In addition, the ground cover ratio on the nonconforming vacant about 12,407 square-foot lot would exceed the maximum allowed of 12.5% or 1500 square feet, whichever is greater, and proposed ground cover ratio would be about 13.9%. The minimum lot size requirement in the district is 20,000 square feet. The structure would meet all setback requirements. See BOA File No. 027-98 and 021-74. The Premises is located at 116 BAXTER ROAD, SIASCONSET, Assessor's Map 48, Parce134, Land Court Plan 36509-B, Lot 2 The property is zoned Residential-2. ~~CJ{A ~ ~ fy/'/ .<d Nancy J. Sevrens, Ch an THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET,MA 02554 CASE NO. (JL7-0f FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Stephen B. Cohen Mailing address: 4530 Klingle Street, NW, Washington, D.C. 20016 Applicant's name(s): Same Mailing address: Locus address: 116 Baxter Road, Nantucket, MA 02564 Assessor's Map/Parcel: 48-34 Land Court Plan No.: 36509-B Lot No.: 2 Date lot acquired: 5/22/98 Certificate of Title No.: 21,113 Zoning District: SR-2 Uses on Lot - Commercial: None X_ Yes (describe) Residential: Number of dwellings_ Duplex_ Apartments Rental Rooms Building Date(s): All pre-date 7/72? Building Permit Nos: Previous Zoning Board Application Nos.: BOA File No. 45-02 C of O(s)? or State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: See Addendum Attached 0~ ~~ . i -' "J ,_d ) \;:) tained herein is substantially complete and true to the best of my d penalties of perjury. SIGNATURE: Applicant Attorney/AgentL (If not owner or 0 r s attorney, please enclose proof of agency to bring this matter before the Board) FqR ~t\, 0 FICE USE Application received on:3-1tOY-By: l ~/;J) Complete: Need copies?: ~ Filed with Town Clerk0J2{ PSPlaniitng ~:'.rd:~_ Bnildmg Dept..--f --f ...::Jjy{/12fJJ Fee deposited with Town Treasurer:3J22 O~ By: aiver requested?: Granted:_I_I_ Hearing notice posted with Town Clerk:3 Id? C?{Mailed:~? 3/dCf&M:~.2J( f-Jr& ~r3/ ICJr Hearing(s) held on:_I_I_ Opened on:_I_I_ Continued to:_I_I_ Withdrawn?:_I_I_ DECISION DUE BY:_I_I_ Made:_I-"_ Filed wtrown Clerk:_I_I_ Mailed:_I_I_ DECISION APPEALED?: 1 1 SUPERIOR COURT: LAND COURT Form 4/03/03 ADDENDUM Assessors Map :48 Parcel: 34 Sconset Residential-2 116 Baxter Road Certificate of Title No. 21,113 Applicant, Steven B. Cohen seeks a Variance pursuant to Section 139-32 of the Nantucket Zoning By-Law from the requirements of Sections 139-17(Height Restrictions) and 139-16A (Intensity Regulations-Ground Cover) of the By-Law as amended. Locus is presently vacant. Locus is located in the SR-2 Zoning District. Locus is comprised of a pre-existing nonconforming building lot of record, having a lot area of 12,407 +/ - square feet with 100 +/ - feet of frontage in a Zoning District with a minimum lot area requirement of20,000 +/- square feet and a frontage requirement of75 feet. Applicant will provide a single conforming off-street parking space pursuant to the requirements of the By-Law. Applicant proposes to relocate to Locus the existing dwelling currently located at 117 Baxter Road. The dwelling must be moved as the result of erosion of the coastal bank at 117 Baxter Road. Due to the topography of the Locus, wherein Locus slopes from an elevation of approximately 84.3 feet on the east side to an elevation of approximately 72 feet on the west side over a distance of approximately 45 feet, the dwelling will exceed the maximum height allowed in the By-Law. Additionally, the dwelling when relocated to Locus will have a ground cover of 1734 +/- square feet. Locus, being a lot of record, has allowable ground cover of the greater of 12.5% or 1500 square feet. Once the dwelling is relocated to Locus, the ground cover ratio will be 13.9% or 184 square feet greater than what is permitted as of right. Applicant has previously requested and has been granted this relief pursuant to the terms of a Variance decision dated July 24,2002 filed with the Nantucket Registry District of the Land Court as Document No. 98240. Since the time of that Decision, the Zoning District has been changed from LUG-3 to SR-2. The Applicant has not exercised his rights under the previous decision within the time limits prescribed under the By-law. However, the erosion on the bluff has increased very quickly over the past winter and he is in the position of needing to move the house as soon as possible. Therefore, he is requesting that the Board grant the relief set forth herein in order to allow the move to occur this summer. The requested relief is in harmony with the intents and purposes of the Nantucket Zoning By-Law. Given circumstances relating to the soil condition, shape or topography of the Locus and especially affecting this Locus and not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the By-Law would involve substantial hardship to the Applicants. This desired relief may be granted without substantial detriment to the public good, and without nullifying or substantially derogating from the intents and purposes of the By-Law. i =1 1 ..' 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B~ 5~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ;Ju~.;?1 , 2 0 () .:1...- ,T~: Parties in Interest and, Others concerned with the Declsion of the BOARD OF APPEALS in the Application of the (fQllowing: Application No.: 0 is--...JO~ o~ner/APPlicant: ~'~A().%l 13 -- Cd~ /C~ ~ 1 vtx '/{a trd /fTlrY Y) } VI? US 'N? of; -i: l'ttL- <:.')OJfhQ/?5L arr{J ~ AJ<2/'_~- Ctk/Yj dbin/MJi ~ 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 Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. ~,r Or?f~I2u~ 4t(JlJ}lL~: ,ehairman 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 g139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES) I ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 Assessors Map: 48 Parcel: 34 Limited Use General-3 116 Baxter Road Certificate of Title No, 18,3890 Lot 2, Land Court Plan No. 26509-B '!., "" ( , At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS held at 1 :00 p.m., Friday, June 14,2002 in the Conference Room, Town Annex Building, 37 Washington Str~t, Nantucket, Massachusetts on the Application of STEVEN B. COHEN AND LAURA HANDMAN, Trustees of the Samara and Max Neely-Cohen Nominee Trustwith an address of 4530 Klingle Street, Washington, D.C. 20016, Board of Appeals No. 0045-02, the Board made the following decision: 1. Applicants are seeking relief by VARIANCE under Nantucket Zoning By-Laws Section 139-17 (Height Restrictions) and 139-16A (Intensity Regulations-ground cover). The Locus is presently vacant and is comprised of a pre-existing nonconforming building lot of record, having a lot area of 12,407 +/- square feet with 100+/- feet of frontage in a LUG-3 Zoning District with a minimum lot area requirement of 120,000 +/- square feet (three (3) acres) and a frontage requirement of200 feet. Applicant will provide a single off street parking space pursuant to the requirements of the By-Law. Applicants propose to relocate to Locus the existing dwelling currently located at 1 17 Baxter Road. The dwelling must be moved as a result of erosion of the coastal bank at 117 Baxter Road. Due to the topography of Locus wherein Locus slopes from an elevation of approximately 84.3 feet on the east side to an elevation of approximately 72 feet on the west side over a distance of approximately 45 feet, the dwelling will exceed the maximum height allowed in the By-Law. Additionally, the dwelling when relocated to Locus will have a ground cover ratio of 1734 +/- square feet. Locus, being-a-lot of record, has allowable grQ.und cover of the greater of three (3%) percent or 1,500 square feet. Once the dwelling is relocated to Locus, the ground cover ratio will be 7.2% or 234 square feet greater than what is permitted as of right. The Premises is located at 116 BAXTER ROAD, Assessors Map 48, Parcel 34, Lot 2 on Land Court Plan No. 26509-B, Certificate of Title No. 18,389. The Property is limited use general-3. 2, The Decision is based upon the application and the material submitted with and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation as the matter was not a planning concern. There were no letters on file in favor of or in opposition to the Application. 3. Applicants need to relocate the existing dwelling located at 117 Baxter Road across the street to Locus because the property at 117 Baxter Road is severely eroding and the dwelling is in danger of being destroyed. The property at 117 Baxter Road is located in a Residential-2 District. The dwelling as presently situated on that property complies with existing zoning requirements for an R-2 District, The Locus, a severely sloping lot, is situated within a different zoning district, When relocated to Locus, the dwelling would not comply with the ground cover or height requirements in the LUG-3 District, 4. Applicants, through counsel, stated that Locus is unique in the zoning district because of the steep drop in elevation from Baxter Road on the east to the rear of the Property on the west. According to the "Plan of Land " prepared by Charles W. Hart & Associates dated April 8, 2002 (a reduced copy of which is attached hereto as Exhibit A) over the length of the Property, a distance of approximately 45 feet, the Property drops from an elevation of 84.3+/- feet tp an elevation of 72 +/ - feet. In a plan marked as "Cohen - House Move", done by V allorie Oliver, dated June 12,2002, (a reduced copy of which is attached hereto as Exhibit B), a schematic indicates the relative heights above mean grade after relocation, based upon the tppographical plan in Exhibit A. ~ 5. Applicant, through counsel, stated that-based on Exhibit A the height of the dwelling when relocated to the Locus would exceed the maximum height of 30 feet above mean grade allowed under Section 139-17 of the By-Law and that the southwesterly side of the building would exceed the maximum height allowed of32 feet for a single side of the building. Based on the calculations reviewed at the hearing, once the dwelling is relocated to Locus, at its highest point, the building would be no higher than 38.2+/- feet on the southwesterly side. A grant of Variance relief relative to the maximum height allowed is necessary and supportable due to the sever slope of Locus and limited locations on which to site the dwelling. Once relocated, the house would also be consistent with the dwellings on both sides of Locus. The dwelling would not be materially changed when it is relocated to Locus, it being the intention of Applicants to maintain the exterior appearance of the dwelling. The Board has granted similar relief over the past several years in order to allow houses, with similar issues of ground cover, on the east side of Baxter Road which are threatened by erosion to relocate to the west side of Baxter Road. 6. Applicant, through counsel, stated that based on Exhibit A the dwelling when relocated to Locus will exceed the allowable ground cover set forth in By-law Section 139-17. The dwelling has a ground cover of 1,734+/- square feet. Since Locus is a lot of record, the maximum allowable gr~.!IDd cover for Locus is the greater of3% or 1,500+/- square feet. The dwelling, once relocated will conform to all setback requirements with ten feet being allowed as a minimum side yard setback for an undersized lot of record in the LUG-3 District. Locus will also conform to the parking requirements as one parking space will be located as shown on Exhibit A. Furthermore, there will be no expansion of the ground cover beyond what already exists at 117 Baxter Road. The Applicant has been forced to relocate the dwelling to Locus as the result of erosion of the coastal bank on the property at 117 Baxter Road. As the house has already been constructed, it would impose a financial hardship and it could impair the structural integrity of the dwelling if the Applicant was forced to reduce the footprint of the building in order to bring the ground cover into compliance with the By-Law. 7. Therefore, based upon the foregoing, the Board specifically finds that owing to the extreme level change in the topography of the land comprising Locus and especially affecting Locus but not affecting generally the zoning district in which it is located, that a literal enforcement of the provisions of Zoning By-Law Section 139-17 and Section 139-16A would involve substantial hardship to the Applicant, and further that the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose oftms By~law. The Board further finds that it would be a benefit to the public to preserve an existing dwelling by allowing relocation within the same neighborhood and would serve no purpose to require the demolition, removal from the area or elimination of a portion of the structure. 8. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by VARIANCE, from the height restrictions of Nantucket Zoning By-law Section 139-17 and the ground cover restrictions of Section 139-16A to allow the relocation of the dwelling currently located at 117 Baxter Road to the Locus at 116 Baxter Road, directly across the street upon the following conditions: 1a) The average height of anyone side of the building when relocated, shall not exceed 31.4 :l: feet as measured from the Average Mean Grade to the highest point of the building or structure and no one building side shall exceed 38.2:1: feet; and (b) Once the house bas been relocated, no new structures shall be constructed on the property located at 117 Baxter Road; and (c) The house shall be sited in such a manner as to conform to all parking and setback requirements, with the use of Exhibit A and B to attest to the height calculations and not as to specific location of the structure beyond aforementioned compliance. 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