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Home My WebLink About035-05 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ~'Ulj ;.tf ,200.5 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Applica tion No.: :::J3r--O) owner:APPlicant: ~-u (j). ~xi-hel'rflfL;I( u ,ree.- 3\ "6'~ ~O~ eC\2.& ~J5fll1~I<L'_ Tf05'r- 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. 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. TOWN OFNANTIJCKET ZONING BOARD OF APPEALS 1 EAST CHESlNUf STREET NANTUCKET, MA 02554 Assessor's Map: 49 Parcel: 35 Sconset Residential-2 85 Baxter Road, Siasconset Land COlntPlan21552A, Lot 1 Certificate of Title No. 19,103 At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS held at 1 :00 p.m., Friday, May 13,2005, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application ofIA Y W. WERlHElMER, TRUSlEE of85 BAXTER ROAD NOMINEE TRUST, u1d/t dated September 17, 1999, registered with the Nantucket Registry of the Land Court as Docmnent No. 86,563, of Wertheimer, Fredman & Siegelman, L.L.C., 575 Lexington Avenue - 20th Floor, New York, New York, 10022, Board of Appeals File No. 035-05, the Board made the following decision: 1. Applicant is seeking relief by VARIANCE ooder Nantucket Zoning By-Laws Section 139-16A (Intensity Regulations - front yard setback). Applicant proposes to relocate a conforming existing single- family dwelling that is sited in close proximity to the severely eroding 'Sconset Bluff on the east side of the property on Baxter Road, to a site about ten feet (10') at its closest point from the front yard lot line along Baxter Road. The Locus is situated within the SR-2 zoning district that requires a minimmn front yard setback of30 feet. The existing conforming garage and nonconforming (front yard setback) separate cottage would remain oochanged. The Lot is conforming in all other respects. The Premises is located at 85 BAXTER ROAD, SIASCONSET, Assessors Map 49, Parcel 35, Land Court Plan No. 21552-A, Lot 1. The Property is zoned Sconset-Residential-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. Applicant, through counsel, stated that the Applicant was before the Board for a Variance permitting the existing primary dwelling on Locus to be moved within the otherwise required 30' front yard setback area to a point no closer than ten (10') feet from the front yard lot line. This re-siting, if approved by the Board, would increase the distance between the back of the dwelling and an eroding coastal bank from seven (7') feet to in excess of seventy (70') feet. Applicant, through counsel, placed into evidence a "Site Plan to Accompany Zoning Board of Appeals Application", dated March 11, 2005, prepared by Blackwell and Associates, Inc. (Hereinafter, "the Plan" marked as Exhibit "A", with a reduced copy annexed hereto). Said Plan revealed that the distance between the easterly-facing rear deck on the back of the dwelling in question and the top of the coastal bank was presently approximately seven (7') feet. In contrast, and in support of the requested relief, Applicant's counsel showed the Board another plan entitled "Plot Plan of Land", dated March 11, 1997, prepared by Charles W. Hart & Associates, Inc. This comparative plan showed the Premises and primary dwelling in question in 1997 then having a separation of approximately twenty-four (24') feet between the easterly-facing rear deck on the back of the dwelling in question and the top of the coastal bank. In other words, coastal bank erosion has caused a net loss of backyard area of approximately seventeen (17') feet in the last eight years. Applicant's counsel stated that, after conversations with a local construction company with expertise in moving houses, the time was rapidly approaching when moving the house would be difficult if not impossible should anymore yard loss occur due to erosion; the concern being the requirement of a certain minimum distance between the back of the dwelling and the top of the coastal bank to ensure for the safety of the house moving equipment and construction crew. Applicant's cooosel, through oral representations at the Hearing and by reference to the Plan, showed the edge of the pavement of Baxter Road to be approximately ten (10') feet from the Applicant's westerly front yard lot line.. The westerly facade of the main mass of the dwelling would be sited between fifteen (15') feet and twenty-four (24') feet from the front yard lot line, with a substantial portion of the dwelling located outside the front yard setback area. The front stairs of the dwelling (the westerly- most portion of the dwelling), if the dwelling was permitted to be moved in accordance with the Applicant's request for relief: would be no closer than about twenty (20') feet at its closest point from the edge of the paved road, giving the appeanmce of a greater setback distance. The Applicant plans on replanting the existing "old growth" privet hedge, ,after construction, in order to screen the dwelling from the road. 4. Cooosel for the Applicant stated that the Board in various prior Decisions bad granted similar relief to several nearby property owners, allowing front yard setback encroachments due to coastal bank erosion along this portion of Baxter Road. The two immediately abutting properties to the north at 87 Baxter Road, and the subject of BOA File No. 032-04, and to the south at 81 and 83 Baxter Road, both received similar Variance relief to move their single-family dwellings in a westerly direction away from the same severely eroding Bluff to points as close as about one foot and 11 feet, respectively. Therefore, the re-siting would be in line with other structures along that portion of Baxter Road. Cooosel also stated for the record that the Nantucket COnseIVation Commission (Onler of Conditions No. SE48-l780) and Historic District Commission (Certificate of Appropriateness No. 45,569) bad held public hearings on the proposed relocation of the dwelling and had granted the relief as requested and appropriate with Applicant's request herein. 5. Therefore, the Board specifically finds that there are sufficient grounds upon which to base a grant of V ariance relief: and owing to circwnstances relating to the soil conditions, unstable sandy coastal bank, and topography of the Property and structure due to the proximity of said structure to the 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 otheJ:Wise, to the Applicant and that relief would be in harmony with the general pmpose of the Zoning Bylaw and may be granted without substantially derogating from the intent of the Zoning By-Law. 6. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested VARIANCE ooder Nantucket Zoning By-Law Section 139-l6A to reduce the front yard setback distance from thirty (30') feet to ten (10') feet to allow the relocation of the single-family dwelling as proposed upon the following conditions: (BOA File No. 035-05) (a) The relocation shall be done in substantial conformance with Exhibit "A", with the acknowledgement that the house may shift slightly to accommodate front steps so as to not come any closer to the front yard lot line than ten feet; and (b) The relocation shall be done in substantial conformance with Nantucket Historic District Commission Certificate of Appropriateness No. 45,569, as may be amended from time to time. DATED: May ;<~ ,2005 oV d '01 ~=< ;"-J A . ,] >0 !:J,.'} I.D r--\------ ~ZONING - - I I SETBACK I EXlST1HG I '~ I I I I I I I I I Z I I < ~ I I U I 0 I I it) 10 oi I I ,... ~AI. ... lWIK I I I I I i 48-8 PROPOSED I N/F SlRIJC1\IRE LOC:-.1lON I T.O.N. I I I I I I I BOTTOIoI OF BANK/ 10 oes. HIGH WATER .,; I I I I TOP OF ) U ~ ....... lWIK ~ I I Z I LOT AREA=40.725:i: SF I j ~ I EXISTING GROUND COVER RATIO= 1 O~ :i: I on I I ~ 01 < I I b t"'I " STEPS I 01 I I -- I -- -- 151.30' -1 SITE PLAN TO ACCOMPANY ZONING BOARD OF APPEALS APPLICATION In Nantucket, MA Prepared For 85 BAXTER ROAD NOMINEE TRUST JAY W. WERTHEIMER, TRUSTEE Scale: 1"=40' March 11, 2005 B648 CURRENT ZONING CLASSIFICATION: Sconset Residential 2 (SR-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~ WAY 149.69' ~ o ~ e:: rz::l ~ lX1 49 34 N/F RAUCH LOCUS: 85 BAXTER ROAD MAP 49 PARCEL 35 CERT. 19,103 LCC 21552A LOT 1 BLACKWELL and ASSOCIATES, Inc. Professional Land Surueyors 20 TEASDALE CIRCLE NANTUCKE~ MASS. 02554 (508) 228-9026 GRAPHIC SCALE I I 20' 40' 80' ra' AOG 86488 zba,dw 3 11 2005 I 120' 1 :39:55 PM EST 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, MAY 13, 2005, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: 85 BAXTER ROAD NOMINEE TRUST, JAY W. WERTHEIMER, TRUSTEE BOARD OF APPEALS FILE NO. 035-05 Applicants are seeking relief by VARIANCE under Nantucket Zoning By-law Section 139-16A (Intensity regulations - front yard setback). Applicant proposes to relocate a conforming single-family dwelling that is sited in close proximity to the severely eroding Sconset Bluff on the east side of the property on Baxter Road, to a site about ten feet at its closest point from the front yard lot line along Baxter Road. The Locus is situated within the SR-2 zoning district that requires a minimum front yard setback of 30 feet. The existing conforming garage and nonconforming (front yard setback) separate cottage would remain unchanged. The Lot is conforming in all other respects. The Premises is located at 85 BAXTER ROAD, SIASCONSET, Assessor's Map 49, Parcel 35, Land Court Plan No. 21552-A, Lot 1. The property is zoned Sconset- Residential- 2. ~WA0~ (J1>U1Q~ Nancy J. Sevrens, Cha~ THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET WNING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE NO. CJ 35-=-OJ FEE: 5300.00 APPLICATION FOR RELIEF Owner's name(s): 85 Baxter Road Nominee Trust. Jay W. Wertheimer. Trustee Mailing address: C/O William F. Hunter. Esq. Post Office Box 358. Siasconset. MA 02564 Applic:ant's name(I): Same Mailing address: Same Locus address: 85 Baxter Road. Siasconset Assessor', MaplPareeI: Map 49. Parcel 35 Land Court PlanlPlan Book &: PagelPlan FUe No.: Land Court Plan 21552 A Lot No.: ~ Date lot aequired:..2.. I 22 I 1999 Cert.ofTitle: COT 19.103 Zoning Distrid: SR-2 Uses OD Lot - COlDDlerdal: NODe l Yes (describe) Residential: Number of dwelliDgs .l.. Duplex N/ A Apartments N/ A Rental Rooms N/ A Building Date(s): All pre-date 7n2? No or C ofO(s)? Yes Building Permit Nos: Previous Zoning Board ApplicatioD Nos.: N/ A State below or OD a separate addendum spedfic relief soaglat (SpeeiaI Permit, Variaaee, Appeal), Section of the ZoniDg By-Jaw, and supporting details, grounds for gnmt of relief, IistiDg any existiDg nonconformities: Please Addendum Attached I certify that the in ormatioD contained herein is substantially complete and true to the best of my knowledge, der th ains and peDalties of perjury. William F. Hunter. Esq.. Attomey....x... SIGNATURE: (If not owner or owner a before the Board) ey, please enclose proof of agene)' to bring this matter ;"..; FOR ZBA OmCE U~E AppUeation reeeived on:J::~I21.d.1d1.1iy: CJ...l2A1) Complete: V Need copies?: Filed ..~ ~ j, JY' r;;.lJIII!o,IB*-"" '-'_ 4.d1di>.ll ny.: , ~ -By: Fee deposited with Town Treasurer:..:i;lUy) JBy: ~aiver requested?: Granted: , , H..~ D~~ yeoted with T...... Clerk,it 2,,? J;."olled'f, /3 MI&M,!::iJ2f'~ & S2-'-2J~ Hearing(s) held 08:--1--1_ Opened on:--1--1_ Continued to:--1--1 _Witbdrawn?:_'--!_ DECISION DUE BY:--1--1_ Made:--!---'_ FUed WIfOWD Clerk:--'--'_ MaUed:--1--1_ DECISION APPEALED?:_'_'_ SUPERIOR COURT: LAND COURT Form 4/83103 ADDENDUM TO 11IEAPPUCADON OF JAYW. WEKJ'HII:t1\fD.. TRlJSTEE as BAX1ERROAD NOMINEE mUST Jay W. Weltheirnec, Ttu*.eofthe 85 BAXTER ROADNOMJNFE lRUST, u'd'tdaRd ~ 17, 1999, and tegisIcn:d ~ Document No. 86563 at 1hc Nantucket Registry of Deeds, secb a variance pursuant to Section 139-32 of the NanfiJ('J.ret Zoning By-law fixm the requirements ofSedim 139-16, fub::nsity ~ aIJ iIJlCDJed Locmis ,.~y irnpuwd by a~\WOd-bned~ a\\OOd. feamed second dwelling ooUage arxl a two car gamge. Premises is located in the SR-2 Zooing DisCrict. PIanixs aJIJSist of a single pared ofJaOO; Lot 1, SJown OIl Land Court Plan 21552-A, and aAsw:.sD' Map 49- Pa:trl35. Wrthrespect to Lot Area, Premises coosist of an~ one acre JDt'd ( 40;725 +/- sq. ft.) in a 200ing cfisrrictwitha ~arean:quinm:m of20,OOO ~ fed. In all respedS, Premises a-lbul with 1hc Jima8onaJ. ~QUQAb of1hc 2DIling by-law for 1hc Sconset Residmtial2 Disb.ict. ~ JmPOSeS to move the existing house away fixm the eroding coasml bmk Ai111AtP1i just seaward of1bis prim ofBax.ttr Rood, ~ Wlxnre-si1alaIJ ~ the tDry saairof1be relocated dwelling will be 10:l: feet at its closest point fim11be fiunt puperty bound \\bile the the main 1. ~.ltS of tile dwdHng will be 11 :i: m at its closest pod fitm the from ~()pCrty botni in a moing distrid:1btrequim; amuyanl ~ of1birty (3(1) feet. lbe vB: ~ of1be In8e aIJ ~ will be in excess oftbirty (3<1) feet fixm the paved portion of Baxter Road. Premises is bookred on the Baxtfr Radsjde by annitD 10footbigb pivd~ Th: requcsk:d rdiefis lJaLUluDY with 1hc inImt and p.u:poscs oftbc Nantucket Zoning By-law. Giva1 ~ relating to the soil <n1dition and 1Dpoglaphy of the locl.B (the close p.uximity of the dwelling to an enxlq aDIIaIlDlk) aod ~ ~l81bic; locus and ID afkJi~gaxmDy1be mq disbictin \Wich it is located, a literal e:nfumment of the provisions of by-law \WU1d involve ~ hardship to the Applicant. This dcsircdrdiefmay be grar*rI widxU subsfari:ial ciminlfrtlo the pJbJic ~aod widoI:~ (X' S1hdanriaJ1y ~ fimJ. inIaJls and JUPOSeS of1be by-law. lbe Applicant.8lis 1be BoaId to vote in fiMr of the VariaB:e ~ requestW. ., \ 'I DEED We, 1. DANIEL LUGOSCH and ELLEN LUGOSCH, as an intra-family transfer for estate planning purposes, grant to JAY W. WERTHEIMER, Trustee of 85 Baxter Road Nominee Trust, u/dIt dated September ~ 1999 and recorded with the Nantucket Registry of Deeds as Document No. 'lSlt '5 ~? . of Wertheimer Fredman &: Siegelman, L.L.C., 575 Lexington Avenue - 20th Floor, New York, New York, 10022, with QUITCLAIM COVENANfS, That certaitl pan;el ofland situated in Nantucket. Nantucket County, Massaclwsetts, with the buildings thereon now known and numbered as 85 Baxter Road, Siasconset, bounded and described as follows: WESTERLY by Atlantic Avenue, two hundred sixty-four and 841100 (264.84) feet; NORTHERLY by aWay shown on plan hereinafter mentioned, one hundred forty-nine and 70/100 (149.70) feet; EASTERLY by land now or fonnerly of Inhabitants of the Town of Nantucket, Trustee, two hundred seventy-seven and 03/100 (277.03) feet; and SOUTHERLY by land now or formerly of Louis A Watres, one hundred fifty-one and 30/100 (151.30) feet. Said land is shown as Lot 1 on Land Court Plan 21552-A. For title, see Certificate of Title No, 16,148 at Nantucket Registry District. 08656'* I , 086564 Executed and sealed this ~ day of Septe J~ Ellen Lug h Nantucket, ss. COMMONWEALTH OF MASSACHUSETTS September 2.. . 1999 Then personally appeared the above-nam the foregoing instrument to be his free act and d .. f.., ,-'.~.~:.;'r~.(:.... .. ,. '" -." v' :.- ..... .... .. ~... F HUN'I'ER NOTARY PUBUC Myc..HJP 1IpB_ a_ C;\l . L D Z\W F H\LugDEED.doc I ,.~. ;':/";: ,': -. ";.. · .~. ........."l:.~ 1~;~U~.:.~~':.:;....~'t I .: ,-, I rI'l . IX;:',', J) '" __.! o :.~ I : . '", ; ~f":~:-~~~! SITE PLAN TO ACCOMPANY ZONING BOARD OF APPEALS APPLICATION In Nantucket. MA Prepared For 85 BAXTER ROAD NOMINEE TRUST JAY W. WERTHEIMER. TRUSTEE Scale: 1"=40' March 11 2005 "v..."......., ..v......"" v..,.,.""....... .""".""'~. Sconeet Residential 2 (SR-2) MINIMUM LOT SIZE: 20.000 S.F. MINIMUM FRONTAGE: 75 FT. FRONT YARD SETEW:K: 30 FT. REAR/SlOE SETEW:K: 10FT. GROUND COYER " : 12.5" YAY ,.,..' ~ po:: r--,------__ r.....ZONING I SETBACK IlIIII1N8 I t:::r I I I I I I po:: r&I ~ J I I -I I I I I I I I I I Ita IS I I I I I I I I I I J f I I I I I ~ I ~ I I I ---1 ~ lri . f I I lOT AREA-40.725:i: SF I EXIST1NG GROUND COVER RATIO-1OX :i: I --- -- 151..)'0' - 49-34 N/F RAUCH -- LOCUS: 85 BAXTER ROAD MAP 49 PARCEL 35 CERT. 19,103 LeC 21552A LOT 1 BUCKULL Gftd ASSOCIATES, 1M. Pro/essWn.aJ, LfmCl SUfW'l/O'rS 20 TEASDALE CIRCLE NANTUCKET. MASS. 02554 (508) 228-9026 GRAPHIC SCALE I I I 20' 40' SO' B6488 lbo. J 11 2005 I o' I 120' 1 :39:55 PM EST z < r:z::J U o CCIIIaI. ... 48-8 N/F T.O.N. II0110lIt OF IN<</ 08S. HIGH WIQDt U l--0o4 ~ Z j ~ {~Lfl\J .kq. ~Q(eL~- -. .. ..~ ^ - .. .....~, .- 4 , ,At-. \4' ., ~ 9" 'I ,,~c "u , 11i \ . , \-. ... \ ,.l ! .",~Jlo \ Z, . ; ! Ai: . ..., _. 41 .0 I 1 at I 4~ , ... '--r-: , I WAY-I n ~L"'I. .. WI ,..... ..,...,- ~~r \ .] lt7 5" 100 Town of Nantucket ~~ ,FEB 0 7 2005 NAarr.~OF ._-..,~- ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MATIER OF TIlE PETITION OF . . J \ -_.- --i61-11? PROPERTY O\VNER.. .....;.Vf.~t,........ .~. ,\.t'~.......................... . s '~ .,;)~ v _ . ~-? MAILING ADDRESS.... ."P.. .tl.~fi;Z...~. :~~.. .~~. ~ ~ PROPERTY LOCATION......... .1?~. ~Xt a?-.. ~.................. . ,~.Lt.. J~r ASSESSORS MAPIPARCEL:........ ..~~). ~...... ................................. APPLICANT.~\.L.\\~....~..~.................. SEE ATIACHED PAGES I certify that the foregoing is a list of persons wbo are owners of abutting property, owners of land directl;, opposite on any public or private street or way; and abutter.s of the abutters and all other land owners within 300 feet of the, property lirie of owner's property, all as they appear ~n tbe most recent applicable tax list (M.G.L. c. 40A. Section 11 Zoning Code Chapter 139. 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