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Home My WebLink About059-05 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ~.~ 12-- ,200r To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the A~plication of the following: Application No.: O~ ~OS- Owner/Applicant: S\) Y'YHrclJ NJ/V'tffl'\ Q.ncQ ~Ylr\ ~LW() cJ 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); ~139-32I (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, SrASCONSET, 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 subj ect 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 authori ze 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 conditions 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 d V1 _~J = c.-: '--i ~ N "0 I.AJ ~ Vl 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% 24759:t: SF SEE PLAN " " " " 16.5% EXISTING 16.3% PROPOSED I { ~ :J: a.. Vl <( I>.. o W (:l S ~ o ~ 149.37' ....... ~ <( (,) 1= z ~ <( <( ~ <( ....... \ " -.. -.. _..~.. -.. -.. -.. -'. O~~ ! 4' ...... J(IV~ _ ....... " I ,. \ . I ~ / I / : 1>..1 I fo.. 0\ : ~ \ ! ~ \ i I : 1 I / : #/ ! / . / ! I i ","-" : \ I PROPOSED . LOCA TlON ! J V I I DECK ~ 149.90' WAY - . . - DENOTES ZONING SElBACK UNE l Ill<: (,) I~ \ \ , <( I ..... co . N IZ;~ co~- ... I- . (,) U .J Plot Plan to Accompany Board of Appeals Application in Nantucket, Massachusetts SCALE: 1"= 30' DATE: MAY 25, 2004 Owner: . . . . . . .~~UP, fU.R~QW. . . . . . . . . . . . . . . . . . M~ f~R~qW. . . . . . . . . . . . DeedjCert.: ~K. .8~Q . ~G, .2~5. Plan: e~.~4. .p~.~. . Tax Map: . ~~-:8. ., Locus: .#~~ ~AXTE.R. R.O~. . . THIS PLOT PlAN IS NOT A CERTIFICATION /oS TO TO THE T11lE OR OWNERSHIP OF THE PROPERlY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN Of tWffilCKET ASSESSOR RECORDS. THIS PLAN MAY NOT BE USED FOR ANY OTHER PURPOSE 1lWl ITS INTENDED USE NOTED JroIE. @ 2004 Blackwell a: Aasoclotea 1m:. C:\PROJ\ADG\86311\Z8A1.dwg OS/25/04 01:16:53 PM EDT ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET COUNTY REGIS1RY 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 Stwl BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. THIS PLOT PlAN W/oS PREPARED TO ACCOMPANY AN APPUCATION TO THE tWffilCKET BOARD OF APPOO AND IS NOT TO BE CONSIDERED A FUU INSTRUMENT SURVEY. THIS PlAN SHOULD NOT BE USED TO ESTABUSH PROPERlY LINES. FENCES, HEDGES OR ANY ANCIUARY STRUCTURES ON THE PREMISES. THE PROPERlY UNES SHOWN RElY ON CURRENT DEEDS AND PlANS OF RECORD. BLACKWELL &: ASSOCIATES, Inc. ProfessioncU Land Surveyors 20 Teasdale Circle Nantucket, Massachusetts 02554 FBK.:160 8 (508) 228-9026 B6311 --- 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 WNING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, AUGUST 12, 2005, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: SAMUEL FURROW AND ANN FURROW BOARD OF APPEALS FILE NO. 059-05 Applicant is seeking reliefby V ARIANCE 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 an 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 (where it is currently conforming). 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, which was not exercised within a timely manner and is thus considered expired. The Premises is located at 87 BAXTER ROAD, S SCONSET, Assessor's Map 49, Parcel 8, Plan Book 24 Page ~ is z ~ Si Dale W. Waine, Chairman 8; THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER uc':' ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR ','0;, ;~. FURTHER INFORMATION.:~ -7] -.::,." .:.:J , " ] , - . t~" '~, 4 ~f}- .... NANTUCKEt ZONING BOARD OF APPEALS .. *' 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 APPLICATION FOR RELIEF Owner's name(s): sam tie/I ru rv'O tV and Ann F () rY'{) OJ ~__~ailin~add~~~s:d-~o~f:o~ 2O<Co~ cr()lS-lLc'lfe. l TIJ 379ro . Applicant'. name(.): El!:Jl?1 Q) . Maillngaddress:.SCVYrlQ..),' " " , . Locus 'address: 8' 7 Baht I eT f{~b rccn.rer Assessor's'MaplParcel: tt? -g:" Land Court Plaa/Plan Book & Page/Plan File No.: <1 ~ .LOfNo.: Date lot acquired: )j 1-11 03 Deed Ref./Cert. of Title: " :;(CIS-' . Zoning District: Sl2. _ ~ Uses on Lot- Commercial: NoneX Yes (describe) Residential: Number of dwellingsL Duplex ' Apartments Rental Rooms . BwrlIding Date(s): All pre-date 7/721 or' Q'1 ~ C of 0(s)1 X. Building Permit Nos: ~}(''''7{() I loo/2--<i?f?, <e{If-~<? ,.~7lCf-fjq I f~/- 90//$7-(3 Previous Zoning Board Application Nos.: ( -f? ' 2--0 FEE: j300.00 CASE NO. os?-<JS 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: d1fL aHb-oMcP Qd?~&oJt:n r-; ,.J I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Applicant Attorney/Agent k... (If not owner or owner's torney, ease enclose proQf of agency to bring this matter before the Board) FOR_Z~FFICE USE, Application received on:2/:?O/a) By: ( au- Complete: ~ Need copies?: L---"' _ \ Filed with Town Clerk:' //2P.o.fPlanningBoard:_/ /_ Buil mg ep "___ .~ Fee deposi(ed with Town Treasurer:-=Z/1a!.o,[By: aiver requested?:_Gtanted: / /_ Hearing notice posted with Town Clerk:~f.b2/Q( Mailed:' ilJLO(l&M:2iZRJfeE& ~!I; Or Hearing(s) held on:_I_I_Opened on:-I_/_ Continued to:-'_/_ Withdrawn?:_'_/_ DECISION DUE BY:_I_I_ Made:_I_/_ Filed wfI'own Clerk:_/_I_ Mailed:_/-I_ ADDENDUM The dwelling upon the Locus is now situated near a rapidly eroding coastal bank and the Applicants wish to move it as far away from that point as possible. At present, the front yard setback at the closest point of the dwelling to the front yard lot line along Baxter Road is about 14.9 feet with the minimum front yard setback in the Siasconset- Residential-2 zoning district being 30 feet. The dwelling is now conforming with all other dimensional zoning requirements. The Applicants seek to move and alter the dwelling, so that it will be at its closest point about one foot 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, so that the garage will be at its closest point about five feet from the northerly side yard lot line, with a minimum side yard setback of ten feet required in this district. Accordingly, the Applicants request relief by Variance from the intensity regulations contained in Nantucket Zoning By-law Section 139-16A to allow the relocation of the house to a point as close as about one foot from the front yard lot line; and reliefby Special Permit under Section 139-16C(1) to reduce the northerly side yard setback from ten to five feet in order to accommodate the proposed relocation ofthe dwelling and attached garage. The dwelling was constructed in 1976, when the Locus was situated within a Residential- 1 zoning district and was in conformity with the R-l dimensional requirements when constructed. The rezoning of the area to R-2 in 1984 rendered the Locus nonconforming as to front yard setback, southerly side yard setback and ground cover ratio. The nonconforming ground cover ratio would be reduced from about 16.5% to about 16.3% and the southerly side yard setback intrusion would be eliminated. See the Decision in BOA File no. 061-87, which granted a Special Permit to allow an addition to the structure which increased ground cover. Applicant was granted similar relief in the Decision in BOA File No. 032-04. However, as the rate of erosion was stable for a period of time, Applicants did not exercise the permit within the one year time period allowed for variance relief and said Decision expired in June of2005. Applicant is seeking to do exactly what was permitted in that decision and under the same conditions. Nothing has changed in the project since originally approved. CURRENT ZONING CLASSIFICATION: Residential 2 (R-2) EXISTING: 24759:t: SF SEE PLAN " " 20,000 S.F. 75 FT. 30 FT. 10 FT. 12.570 MINIMUM LOT SIZE: MINIMUM FRONTAGE: FRONT YARD SETBACK: REAR/SIDE SETBACK: GROUND COVER % : I- -' <( :J: a.. Vl <( I>.. o W (:l Cl ~w o ~ 16.570 EXISTING 16.370 PROPOSED I ( 149.37' ROOF I OVERHANG I 14.9':1: --I ---r -......; \ EXISTING \ DR'VfW?iY 1"1 . I I g I I N I I co I ~ I I I I I I / // ....., ....... ~ <( (,) 1= z ~ <( <( :.:: <( ....... ~ ~ \ .. -.. -.. _..~.. -.. -.. -.. -', \\ I \ . 4' ........ J(/y~ _ ....... " I ,. \ . I ! / / 1>..1 0\ \ \ I I / #/ / / ..1 I ,"-" l /:.:: (,) I~ : \ I PROPOSED . LOCATION i J V I I DECK 149.90' WAY \ \ \ - . . - DENOTES ZONING SElBACK LINE fo.. N a) co ~ <( I ,... co .N IZ;~ co~~ ''OJ- I- . (,) U ..J Plot Plan to Accompany Board of App~als Application om Nantucket, Massachusetts SCALE: 1"= 30' DATE: MAY 25, 2004 Owner: . , . . . . .~~u~~ fU.R~QW. . . . . . . . , . . . . . . . . . M~ f~R~qW, . . . . . . . . . , . DeedjCert.: ~~. .8~Q . ~G: ~~5. Plan: eK.2,4 , 'p9.? . Tax Map: . ~~-.8. ., Locus: .#?~ ~i\XTE~. R.O~, . . THIS PLOT PlAN IS NOT A CERTIFlCATlON !O TO TO THE TITlE OR OWNERSHIP OF THE PROPERlY SHOWN. OWNERS Of ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN Of NANTUCKET ASSESSOR RECORDS. THIS PlAN t.lAY NOT BE USED FOR Mf( OTHER PURPOSE THAN ITS INTENDED USE NOTED ABOVE. @ 2004 Blackwell de Associates Inc. C\PfWcl\ADG\B6311 \LBA ldwg OS/2:,/04 01: 1655 i~M LD'! ORIGINAL SIGNED AND STAMPED COPIES Of THIS PlAN t.lAY BE PHOTOCOPIED BY THE BOARD Of APPEAlS OR THE NANTUCKET COUNlY REGISTRY Of DEEDS FOR RECORDING PURPOSES. IN CASES Of DISCREPANCIES REGARDING INfORt.lATlON 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 ACCOMPMf( AN APPUCATlON TO THE NANTUCKET BOARD Of APPEAlS AND IS NOT TO BE CONSIDERED A fULL INSTRUMENT SURVEY. THIS PlAN SHOULD NOT BE USED TO ESTABUSH PROPERTY UNES, fENCES, HEDGES OR Mf( ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY UNES SHOWN RELY ON CURRENT DEEDS AND PlANS OF RECORD. BLACKWELL &: ASSOCIATES, Inc. Professional Land. SU'T"lJeyors 20 Teasdale Circle Nantucket, Massachusetts 02554 FBK.:160 8 (508) 228-9026 B6311 -- ----------~~ --- 101 10. r !P 49,2,3 I -~- lOW II a lid c(i ~TUO, ,JaHHHl'IlllH(\ 'II and COli llh of UCKET ~D SCHOFIELD BROTHERS,IHC.r=J_ . ".pAC. , P~IETOM OF 'nt( TOWM or MlMTUaln Ij IO~ 000, 1 6 o o o on '" '" _L I A Jr/lAflIJrl!C PROFESSIONAL. ENGINEERS' REGISTERED I.ANO SURVEYORS 14L\ fEDERAl ST., "A"TUCK(,T, 'MASS. It"."i ~, g z Zm @ 2 ~, :3 Go::' ~ ~. -u ; ~ . <II( ~ ,/ ({j)ClEAl f:f I I j I I --L I j I I I Ig I! - - - ~l~~9-!LO ~9-11 SMHT f',/{, 5HEfl II'Jl"X ! I r' Mar 23 2004 4:18PM Cottage & Castle, Inc. ,I i 508-825-8826 MAR-23-200401: PM Atlanti AEolus , '<--- ' .' .O!, _-..!!. " .J.I:J~ ~ee 228 2252 ~II' ....- _ u__... ... , March 23, 2 CqIl1lwctDr: Su llUIlCIl'>. Feeley; Atlantic AEolut C & CalIc.IDC.; 37 ,; 9 Mizzeunwt R4. N ' hh; bIzI.m.1;, lost u additicmal amount the stnIcture, The erosioll . The raiD c;a1IIeI .. concem I builcliq cauaq additioaaJ ill mcMDg the buiIdiIl, back make maving the butldin! jl.2 P.Bl TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: Ju~ cr , 200'+ To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the fol,lowing: Application No.: 03 2 -0 tj bwner/Applicant: .5101 U<? ~ t=uVYQW q~ A- n r\ +"" IN'VYJ lJJ 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. ~VlS, eba irman 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); fi139-32I (VARIANCES) I ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOA:RD OF APPEALS One East Chestnut Street Nantuoket, 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 14, 2004, 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. 032-04: 2. The Applicants are seeking relief by VARIANCE from Nantucket Zoning By-law S139-16.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. 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. One neighboring property owner wrote a letter in support, suggesting conditions to mitigate damage to his property during construction. 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. 4. As presented by the Applicants and their representatives, the Locus is situated near a portion of the 'Sconset Bluff which is rapidly eroding. Portions of the Applicants' dwelling are now as close as 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 wi thin 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) to five feet. Accordingly, the Applicants were directed to modify their plan to show a five-foot northerly side yard setback for the relocated structure, as shown upon Exhibit A. 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 conditions 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 2 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 work shall be done in substantial conformity with the proposed location of the structure as shown upon Exhibit A, allowing a 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. Dated: June The Applicants shall be responsible for repairing ~rop:::: of neighbo~c~~t~n~~k' ancy - J~. 7S~vr~ns O'~ ~ (e) any damage to 3 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% ~ <( :J: a.. Vl <( I>.. o W (:l ~S o ~ ....... ~ <( (,) 1= z ~ <( <( ~ ....... ~ ~ \ .. -.. -.. _..~.. -.. -.. -.. -', o~\ I \ ' 4' ........ J(IV~ _ ....... " I ,. \ . I ~ / I / : 1>..1 I fo.. 0\ : ~ \ ~ co \ i I : I I / : #/ ! / . / ~ . -' i ,"-" 24759:t: SF SEE PLAN " " 1 6.5% EXISTING 16.3% PROPOSED I 1 149.37' : \ I PROPOSED . LOCATION ! J V I I DECK 149.90' WAY - . . - DENOTES ZONING SElBACK UNE \ \ \ <( I ,.... 1IJ .N IZ;~ 1IJC!~ ""'I- . (,) U .J Plot Plan to Accompany Board of Appeals Application in Nantucket, Massachusetts SCALE: 1"= 30' DATE: MAY 25. 2004 Owner: . . . . . . .~~u~~ fU.R~QW. . . . . . . . , . . . . , . . . , .A~~ ~R~qW. . . , . . . . . . , . Deed/Cert.: ~K. ,8~~ . ~G: ~~5. Plan: eK..2.4 , .p~.? . Tax Map: . ~~-.8. .. Locus: .#?? ~iWE.R. R.O~D, . . THIS PLOT PLAN IS NOT A CERTIFICATION />S TO TO THE TITLE OR OWNERSHIP OF THE PROPERlY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURREm TOWN OF twmJCKET ASSESSOR RECORDS. THIS PLAN MAY NOT BE USED FOR mi OTHER PURPOSE THAN ITS INTENDED USE NOTED ABOVE. @ 2004 Blackwell & Associates Inc. C\PROJ\ADG\B6311 \ZBA I.dwg OS/25/04 01:16:53 PM EDT ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE PHOTOCOPIED Err THE BOARD OF APPEALS OR THE twmJCKET COUNlY 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 SIWl BE ACKNOWLEDGED Err THE CERTIFYING LAND SURVEYOR. THIS PLOT PLAN W/>S PREPARED TO ACCOMPmi AN APPLICATION TO THE twmJCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDERED A FUll INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERlY LINES, FENCES. HEDGES OR mi ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERlY LINES SHOWN Rav ON CURRENT DEEDS AND PLANS OF RECORD. BLACKWELL &- ASSOCIATES, Inc. Professional Land. Surveyors 20 Teasdale Circle Nantucket, Massachusetts 02554 FBK.:160 8 (508) 228-9026 B6311 --- Page 1 of 1 fi I e:/ Ie: \Docurnents%20and%20Settings\lwilliarns\Local%20Settings\ T ernporary%20Inter... 3/16/2004 Page 1 of 1 fi I e://C: \Documents%20and%20Settings\l wi I liam s\Local%20Settings\ Temporary%20Inter.. _ 3/1612004 Page 1 of 1 ~"I file://C :\Documents%20and%20Settings\1williams\Local%20Settings\ T emporary%20Inter.,. 3/16/2004