HomeMy WebLinkAbout089-05
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
;::;b Y1lX'''l /l
, 2000
To: Parties in Interest and Others concerned with the
-DecisIOn Of the BOARD OF APPEALS in the Application of the
following:
Application No.: O~q-05
Owner/Applicant: ~~ Co, -W-OYfu PlmPO' ) bru9ree
O~ en rt--Rr ROCLofJ (\jOfO)l~~ T\t.J91- .
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
com~laint and certified copy of the necision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
cc: Town Clerk
Planning Board
Building Commissioner
.f",
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING-TO NANTUCKET
ZONING BY-LAW Y139-30I (SPECIAL PERMITS); @139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OFNANlUCKET
7DNlNG HOARD OF APPEALS
1 East Chestnut Street
Nantucket, MA 02554
Assessors Map: 49
Parcel: 35
Sconset Residential-2
85 Baxter Road
Land Court Plan 21552A, Lot 1
Certificate of Title No. 19,103
At a Public Hearing of the NANlUCKET WNING BOARD OF APPEALS held at 1:00 p.m.,
December 9,2005, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket,
Massachusetts on the Application of JAYW. WERTHEIMER, TRUSTEE OF 85 BAXTER ROAD
NOMINEE TRUST, u/d/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 -
20ft! Floor, New York, New Y oIk, 10022, Board of Appeals File No. 089-05, the Board made the following
Decision:
1. Applicant is seeking reliefby VARIANCE pursuant to Zoning By-Law Section 139-16A
(Intensity Regulations - front yard setback). Applicant proposes to demolish and reconstruct an
existing secondary dwelling that is currently sited within the required 30-foot front yard setback
area. As proposed, the secondary dwelling would be sited as close as about 13 feet 6 inches from
the front yard lot line along Baxter Road in substantially the same location. In separate action in
the Decision in BOA File No. 035-05 the primary dwelling was allowed to be relocated within
the required front yard setback area and sited as close as about ten feet from the lot line along
Baxter Road. The ground cover would not be increased and all parking would continue to be
provided on site. The existing conforming garage would remain unchanged. The Lot is
conforming in all other respects.
The Premises is located 85 BAXTER ROAD, SIASCONSET, Assessor's Map 49,
Parcel 35, Land Court Plan 21552-A, Lot 1. The property is zoning 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, explained to the Board that the existing secondary dwelling c
was constructed in 1985 pursuant to validly issued Building Permit # 4425-85 and was
issued a Certificate of Occupancy thereon June 5, 1986. At the time of construction, as it is
now, the lot is situated in the Residential-2 zoning district, which had been changed by a
vote at the Annual Town Meeting 1984 from R-I to R-2. However, inasmuch as Nantucket
Zoning By-law Section 139-33 F (preexisting nonconforming uses, structures and lots)
protected the premises (a lot for single- family residential use) for a period of five years
from the effective date of said zoning change from the requirement of complying with the
Residential-2 intensity regulations, the abovementioned Building Permit and Certificate of
Occupancy allowed the dwelling to be then sited no closer than ten (10') feet from the front
lot line (the Residential-l front yard setback requirement) notwithstanding the newly zoned
Residential-2 30-foot requirement.
"
4. Counsel explained that the Applicant now proposed to demolish the pre-existing,
nonconforming secondary dwelling and replace it with new secondary dwelling on
substantially the same site and containing substantially the same massing. However,
because the eroding coastal bank situated just seaward of this portion of Baxter Road,
threatens the lot, Applicant is requesting Variance relief to demolish said cottage and
rebuild it in substantially the same footprint within the required 30-foot front yard setback
area. When re-sited as proposed, the cottage would be no closer than about 13 feet 6 inches
at its closest point from the front yard lot line but sited no closer than the existing structure
and no closer than the primary dwelling. Counsel stated that the majority of the secondary
dwelling's footprint, as proposed, would be sited outside of the required setback area and
would conform to all other setback and ground cover requirements. The actual paved
portion of the Baxter Road was in excess of ten feet beyond the front yard lot line and as the
Board has found in Decisions for similar requests along Baxter Road, the appearance of the
setback would be in excess of 30 feet.
5. Applicant, through counsel, placed into evidence a "Site Plan to Accompany Zoning Board of
Appeals Application", dated November 7,2005, prepared by Blackwell and Associates, Inc. (Hereinafter,
"the Plan" with a reduced copy mmked as Exhibit "A" 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 bmk is
presently approximately eighty-three (83') feet. Counsel stated, and the board recognized, that it
had just granted similar relief to the Applicant for the primary dwelling located on the premises
in the Decision in BOA File No. 035-05. Counsel reminded the Board that it had granted similar relief
allowing front yard setback encroachments due to coastal bmk erosion on several occasions along Baxter Road
due to said erosion including in the Decision in BOA No. 063-01, RAUCH, Trustee, dated October 12, 200 1,
for the immediately abutting property to the south of the Locus. Counsel alro stated that the Nantucket
Conse1vation Commission allowed the requested demolition and reconstruction within the buffer zone to a
coastal bmk and that the Historic District Corrnnission in its Certificate of ApJmpriateness No. 47,117 (demo)
and 47,118 (new dwelling) as well.
6. Based upon the foregoing, the Board specifically finds that there are sufficient grounds upon which to
base a grant of V ariance relief: and owing to circumstances relating to the soil conditions, unstable sandy coastal
bank, and topography of the lot 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 pmpose of the Zoning
Bylaw and may be granted without substantially derogating from the intent of lie By-Law.
6. Accordingly, by a UNANIMOUS VOTE, the Board grants the requested VARIANCE
under Nantucket Zoning By-Law Section 139-16A to redoce the front yard setback distance from thirty (301
feet to no closer than 13 feet 6 inches feet to allow the demolition and reconstruction of the single-family
dwelling as proposed upon the following conditions:
(a) The relocation shall be done in substantial conformance with Exlnbit "A"; and
(b) The relocation shall be done in substantial conformance with Nantucket Historic District Commission
Certificate of Appropriateness No. 47,117 (demo) and 47,118 (new dwelling).
(BOA Decision 089-05)
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SITE PLAN TO ACCOMP~
ZONING BOARD OF APPEALS
APPLICATION
In Nantucket, MA
Prepared For
85 BAXTER ROAD NOMINEE TRUST
JAY W. WERTHEIMER, TRUSTEE
Scale: 1"=40' Nov. 7, 2005 8646
URRENT ZONING CLASSIFICATION:
Sconset Residential 2 (SR-2)
MINIMUM lOT SIZE: 20,000 S.F.
MINIMUM FRONTAGE: 75 Fr.
FRONT YARD SETBACK: 30 Fr.
REAR/SIDE SETBACK: 10 Fr.
GROUND COVER 7. : 12.5%
WAY
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PROPOSED
STEPS
(REMOVE
EXIST1NG)
---
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151.30'
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 Surveyors
20 TEASDALE CIRCLE
NANTUCKET, MASS. 02554
(508) 228-9026
GRAPHIC SCALE
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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. DECEMBER 9. 2005. IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
JAY W. WETHEIMER, AS TRUSTEE OF 85 BAXTER ROAD NOMINEE
TRlTST
HOARD OF APPF.AT,S Fn,F. NO. f)~9-f)~
Applicant is seeking relief by VARIANCE pursuant to Zoning By-Law Section
139-16A (Intensity Regulations - front yard setback). Applicant proposes to demolish
and reconstruct an existing secondary dwelling that is currently sited within the required
30-foot front yard setback area As proposed, the secondary dwelling would be sited as
close as about 13 feet 6 inches from the front yard lot line along Baxter Road in
substantially the same location. In separate action in the Decision in BOA File No. 035-
05 the primary dwelling was allowed to be relocated within the required front yard
setback area and sited as close as about ten feet from the lot line along Baxter Road. The
ground cover would not be increased and all parking would continue to be provided on
site. The existing conforming garage would remain unchanged. The Lot is conforming in
all other respects.
The Premises is located 85 BAXTER ROAD, SIAScONSET, Assessor's Map
49, Parcel 35, Land Court Plan 21552-A, Lot 1. The property is zoning Sconset-
Residentlal-2.
J)fJy uhJAAD
Dale Waine, Chairman
THIS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
FEE: $300.00
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASE NO. oW-oJ'
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, r
Siasconset. MA 02564
Applicant's name(s): Same
Mailing address: Same
Locus address: 85 Baxter Road, Siasconset
~
Assessor's Map/Parcel:
. ,
Map 49, Parcel 35
Land Court Plan/Plan Book & Page/Plan File No.: Land Court Plan 21552 A
Lot No.: J.
Date lot acquired: JL / 22 / 1999 Cert. of Title: COT 19,103 Zoning
District: SR-2
Uses on Lot - Commercial: None X Yes (describe)
Residential: Number of dwellings 2- Duplex N/A Apartments N/A
Rental Rooms N/A
Building Date(s): All pre-date 7/72? No or
Yes
Building Permit Nos:
Previous Zoning Board Application Nos.: 035-05
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:
C of O(s)?
Please Addendum Attached
I certify that the formation contained herein is substantially complete and
true to the best my wledge, under the pains and penalties of perjury.
SIGNATURE: William F_ Hunter, Esq.,
Attorney l
(If not owner or ow attorney, please enclose proof of agency to bring
this matter before the Board)
FOR ZBA OFFICE USE
Application e ei d on:-Jl,.,Q_l)J
By: Complete: Need copies?:
Filed with Town Clerk:~rPla!'!';llg El\l1lTcl:-,_,_ BU~
8ePt.:_~By: l-e . . _ \ ..
Fee deposited with Town Treasurer: l~ 2( lJ~y:~ Waiver
requested?: Granted:_'_,_
Hearing notice posted with TO~lerk:1L,~/~ailed:lj-,~
I&M:.1l,13,os-& --.L4-- 1-, Ql
Hearing(s) held on:_'_,_ Opened on:_'_,_ Continued
to:_'_'_Withdrawn?:_,_,_
DECISION DUE BY:_'_,_ Made:_'_,_ Filed wlTown
Clerk:_'_,_ Mailed:_/_'_
DECISION APPEALED?:_/_/_ SUPERIOR COURT: LAND
COURT Form 4/03/03
JAY W. WERTHEIMER, TRUSTEE
85 BAXTER ROAD NOMINEE TRUST
Jay W. Wertheimer, Trustee of the 85 BAXTER ROAD NOMINEE TRUST, u/d/t
dated September 17, 1999, and registered as Document No. 86563 at the Nantucket
Registry of Deeds, seeks a variance pursuant to Section 139-32 of the Nantucket
Zoning By-law from the requirements of Section 139-16, Intensity Regulations, as
amended. Locus is presently improved by a single-family wood-framed dwelling, a
wood-framed second dwelling cottage and a two car garage. The Premises is located
in the SR-2 Zoning District. Premises consist of a single parcel of land: Lot 1, shown
on Land Court Plan 21552-A, and at Assessor Map 49-Parcel 35.
With respect to Lot Area, the Premises consist of an approximately one acre
parcel (40,725 +/- sq. ft.) in a zoning district with a minimum area requirement of
20,000 square feet. The wood-framed second dwelling is pre-existing, nonconforming
as to front yard setback being sited 17' 5" +/- feet from the front property bound in a
zoning district having a 30' front yard setback requirement. In all other respects, the
Premises conforms to the dimensional requirements of the zoning by-law for the
'Sconset Residential 2 District.
The existing second dwelling cottage was constructed in 1985 pursuant to
Town of Nantucket Building Permit # 4425-85 and was issued a Certificate of
Occupancy thereon on June 5, 1986. At the time of construction, the Premises
was situated in the Residential 1 Zoning District. In 1984, the District was up-
zoned from R-1 to Residential-2. The Applicant now proposes to demolish the pre-
existing, non-conforming wood-framed second dwelling cottage and replace it with
a cottage substantially identical in size. Because the eroding coastal bank situated
just seaward of this portion of Baxter Road, Siasconset threatens the Premises,
Applicant is requesting Variance relief to demolish said cottage and rebuild it in
substantially the same footprint within the 30' front yard setback. When re-sited as
proposed, the cottage will be no closer than 13' 6" +/- feet, at its closest point from
the front property bound in a zoning district that requires a front yard setback of
thirty (30') feet. The majority of the cottage's footprint, as proposed, will be in
excess of thirty (30') feet from the paved portion of Baxter Road. The Premises is
bordered on the Baxter Road side by an ancient 10 foot high privet hedge.
The requested relief is harmony with the intent and purposes of the Nantucket
Zoning By-law. Given circumstances relating to the soil condition and topography of the
locus (the close proximity of the dwelling to an eroding coastal bank) and especially
effecting this locus and not effecting generally the zoning district in which it is located, a
literal enforcement of the provisions of by-law would involve substantial hardship to the
Applicant. This desired relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from intents and purposes of the
by-law. The Applicant asks the Board to vote in favor of the Variance as requested.
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SITE PLAN TO ACCOMP~
ZONING BOARD OF APPEALS
APPLICATION
In Nantucket. MA
Prepared For
85 BAXTER ROAD NOMINEE TRUST
JAY W. WERTHEIMER. TRUSTEE
Scale: 1"=40' Nov. 7, 2005
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";
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PROPOSED
STEPS
(REMOVE
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--
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--
151.JO'
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 Surveyors
20 TEASDALE CIRCLE
NANTUCKET, MASS. 02554
(508) 228-9026
GRAPHIC SCALE
I I
80'
11 7 2005
I
120'
3:27:36 PM EST
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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 /7 ,
1999 and recorded with the Nantucket Registry of Deeds as Document No.
~lt 1 ,,? . of Wertheimer Fredman &. Siegel~ L.L.C., 575
Lexington Avenue - 20th Floor, New York, New York, 10022, with
QUITCLAIM COVENANTS,
That certait1 parcel oflalld situated in Nantucket, Nantucket County,
Massaclw~ with the buildings thereon now known and numbered as 8S
Baxter Road, Siasconset, bounded and described as follows:
WESTERLY
by Atlantic Avenue, two hundred sixty-four and
84/1 00 (264.84) feet;
NORTHERLY
by a Way 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 Ion Land Court Plan 21552-A.
For title. see Certificate of Title No, 16,148 at Nantucket Registty District.
086564
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Executed and sealed this ~ day of Septe
1.~
Ellen Lug
086564
COMMONWEALTH OF MASSACHUSETTS
September 2.. . 1999
Nantucket, ss.
Then personally appeared the above-nam
the foregoing instrument to be his free act and d
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TOWN .OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: f(Oi
~'-I
, 2005
To: Parties in Interest and Others concerned with the
-- ---
Decision of the BOARD OF APPEALS in the Application of the
following:
Owner/Applicant:
.G-9 6'5'
d3r---o ~
~rl} ell )
det& Noqy) I -e
rruc;ree-
Tr uS'
Application No.:
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 Y139-30I (SPECIAL PERMITS); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
, I
TOWNOFNAN1UCKET
WNING BOARD OF APPEALS
1 EAST CHESlNUf STREET
NANTUCKET, MA 02554
Assessor's Map: 49
Parcel: 35
Sconset Residential-2
85 Baxter Road, Siasconset
Land ComtPlan21552A, Lot 1
Certificate of Title No. 19,103
At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS held at 1:00 pm.,
Friday, May 13,2005, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket:,
Massachusetts, on the Application ofJA Y W. WERlHEIMER, lRUSlEE of85 BAXTER ROAD
NOMINEE lRUST, u/d/t dated September 17, 1999, registered with the Nantucket Registry of the Land
Comt as Document No. 86,563, of Wertheimer, Fredman & Siegelman, LL.C., 575 Lexington Avenue -
20ft! Floor, New Yark, New Y oIk, 10022, Board of Appeals File No. 035-05, the Board made the
following decision:
1. Applicant is seeking reliefby VARIANCE under 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 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 BAX1ER ROAD, SIASCONSEf, Assessors Map 49, Parcel 35,
Land Comt Plan No. 21 552-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 counsel, 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 relieJ: would be no closer than about twenty (20') feet at its closest point :from the
edge of the paved road, giving the appearnnce 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. Counsel for the Applicant stated that the Board in various prior Decisions had granted similar
relief to several nearby property owners, allowing front yard setback encroacbments 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 poin1s as clooe 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
Counsel also stated for the record that the Nantucket Conservation Commission (Older of
Conditions No. SE48-1780) and Historic District Commission (Certificate of Appropriateness No.
45,569) had 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 relieJ: and owing to circumstances relating to the soil conditions, WlStable 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 otherwise, to the Applicant and that relief would be in
harmony with the general pwpose 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 mder Nantucket Zoning By-Law Section 139-16A to reduce the front yard setback distance
from thirty (30') feet to ten (10') feet to allow the relocation of the single-fumily 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.
DATFD: May ;<~ ,2005
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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"
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LOCUS:
85 BAXTER ROAD
MAP 49 PARCEL 35
CERT. 19.103 LCe 21552A LOT 1
BLACKWELL end ASSOCIATES, Inc.
Professional Land Surveyors
20 TEASDALE CIRCLE
NANTUCKE~ MASS. 02554
(508) 228-9026
GRAPHIC SCALE
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20' 40' 80'
roO AOC 66468 zbo.dw 3 11 2005
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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
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120'
1 :39:55 PIA EST
Town of Nantucket
ZONING BOARD OF APPEALS
,
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LIST'OF PARTIES1N INTEREST IN THE MAITER OF THE PETITION OF'
PROPERTvO~ER:~.~~~f.~S?.~W~/)~-S~.~\~~
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MAILING ADDRESS......~..~fl~.!~..n\~\....~C~................ .
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PROPERTY LoeA TION.. ..........~~: .~~...~. .J?.~~~
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ASSESSORS MAPIPARCEL:..... .~... . ~... ...... ............ ...... ... ...............
APPLrCANT.................................... ..&i.\l.~................
SEE ATTACHED PAGES
I certify that the foregoing is a list of persons w~o are owners of abutting property, owners o.f
land directl;r opposite on any public or private street or way; and a:buttex:s of the abutters and all
other land owners within 300 feet ofth~ property lirie of owner's property, all as they appear?n
the mos.t recent applicable tax list (M.G.L. c. 40A. Section 11 Zoning Code Chapter 139.
Section 139.29D (2) . .
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DATE .
ASSESSOR'S OFFICE
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