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Home My WebLink About010-98TOWN OF NAN'TLJCKET BOARD OF APPEALS Application No.: 010-98 -- --~- - Owner/Applicant: ROBERT BERWICK AND MARILYN MATZ Date: March ~~ ~ 1998 ~. To: Parties Decision of following: in Interest and. Others concerned with the the BOARD OF APPEALS in the Application of the 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 . :" - --` NANTUCKET, MASSACHUSETTS 02554 ~{ ~~~ Dale W. Waine - Chairman 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. RECEI~fE~ - TOWN CLERK'S OFFICE NANT~ac`.~ET rn,~ 02554 MAR 1 3 1998 TIME: CLERK:_ TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 48 Parcel 40 LUG-3 104 Baxter Road, Siasconset Plan File 47-K Deed Ref. 485/227 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, February 13, 1998, in the Conference Room, at the Town Annex, 37 Washington Street, Nantucket, Massachusetts, on the Application of ROBERT BERWICK AND MARILYN MATZ, c/o Vaughan and Dale, P.C., P.O. Box 659, Nantucket, MA 02554, Board of Appeals File No. 010-98, the Board made the following Decision: 1. Applicants are seeking relief by VARIANCE pursuant to Nantucket Zoning By-Law §139-32A from the requirements of Nantucket Zoning By-Law §139-16A (Intensity Regulations - ground cover ratio). Applicants propose to relocate an existing 1,651+ square-foot single-family dwelling from a lot shown as 101 Baxter Road, Assessor's Map'{~,Parcel 17, to the 18,989+ square-foot vacant Locus, which is situated directly across a public way from 101 Baxter Road. Applicants wish to relocate the dwelling due to the severe erosion of the coastal bank. The Locus is non-conforming as to lot size, having a lot area of 18,989+ square feet in a district that requires a minimum lot size of 120,000 square feet. Allowable ground cover for the Lot is 3% or 1500 square feet, whichever is greater. If the structure is relocated to the subject Lot, it would violate the maximum ground cover allowed by 151+ square feet. See also related BOA File No. 025-88. The Premises is located at 104 BAXTER ROAD, SIASCONSET, Assessor's Map 48, Parcel 40, Plan File 47-K. The property is zoned Limited-Use-General-3. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made a favorable recommendation provided that there be no further expansion of the footprint as long as the property was zoned LUG-3. There were no letters on file. 3. Applicants, through counsel, presented evidence showing that the house, as currently located at 101 Baxter Road, was in danger of being destroyed as a result of the eroding coastal bank. In fact, in BOA Decision File No. 025-88, this Board granted a Variance to move the dwelling farther away from the eroding bluff and site it at a point no closer than ten (10) feet from the road layout in a district that required a minimum front yard setback of 35 feet. The house was subsequently relocated to a point 18± feet from the front yard lot line. The bluff has further eroded making it necessary to move the house off of the Lot entirely. The Applicants' property consists of four (4) lots, two (2) of which comprise the Locus and two (2) of which comprise 101 Baxter Road, situated across the well-traveled public way. The Lots which constitute 101 Baxter Road were merged by Covenant dated November 1, 1984 and recorded at the Nantucket Registry of Deeds at Book 221, Page 188. The dwelling at 101 Baxter Road is located in the Residential-2 zoning district that allows a minimum lot area of 20,000 square feet and a maximum ground cover ratio of 12.5%• This Lot has a lot area of 26,001+ square feet with a ground cover ratio of 6.4+%. Thus, the structure currently meets ground cover requirements. The Locus at 104 Baxter Road, is located in the LUG-3 district which requires a minimum lot area of 120,000 and maximum ground cover ratio of 3% or 1500 square feet whichever is greater. The maximum ground cover ratio for this 18,989+ square-foot lot would be 1500 square feet making the existing structure 151+ square feet over the allowable ground cover should it be relocated to the Locus. 4. Based on the foregoing, the Board -finds that the zoning district line separating the LUG-3 and R-2 districts, runs along the center line of Baxter Road, with all lots being created as part of the same original subdivision. The average size of the R-2 zoned lots is approximately 24,000+ square feet, with a mix of undersized, non-conforming lots, conforming lots and larger lots well in excess of the minimum lot size requirement of 20,000 square feet. The area of the lots also includes eroding coastal bank. The lots in the LUG-3 zone, located on the westerly side of Baxter Road, have less depth than the R-2 lots, located on the easterly side of Baxter Road, and have an average lot size of just under 17,000+ square feet and do not meet the minimum 120,000 square-foot requirement. The very fact that the lots on the west side are zoned LUG-3 makes it difficult to construct or relocate structures in excess of 1,500 square feet inasmuch as the LUG-3 zone permits a maximum ground cover ratio of 3%. If the subject lot was located within the R-2 zone the Lot would be allowed to have a maximum of 2,300+ square feet of ground cover. The Board further finds that there is a pressing need to relocate this structure and that the extremely eroding coastal bank presents a valid rationale for moving the structure off of the Lot entirely, having already moved the house once on the Lot. Relocating the structure directly across the street to another lot will be less detrimental to the neighborhood than moving the house down a narrow heavily trafficked road to another lot not proximate the subject lot and relocation to the this Lot would be an equitable solution to mitigate financial hardship for the Applicants as they currently hold title to both parcels. In addition, the Applicants represented that all four (4) lots have historically been conveyed on one (1) deed and considered one (1) parcel, notwithstanding the fact that a public way bisects the property. Therefore, the Board specifically finds that owning to circumstances relating to the soil conditions, shape or topography of this property and structure and especially affecting this land and structure but not affecting generally the zoning district in which they are located, a literal enforcement of the ground cover ratio requirements would involve a substantial hardship, in the risk of losing the house by said erosion, to the Applicants, and 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 the By-Law and would not create a situation which would, in this specific case, be out of character with the neighborhood. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested relief by VARIANCE from the maximum ground cover requirements of Nantucket Zoning By-Law §139-16A to allow the existing 1,651+ square-foot dwelling to be relocated from 101 Baxter Road to 104 Baxter Road as proposed and shown on a plan done by Blackwell and Associates, Inc., dated December 31, 1997, and on file at the Board of Appeals, upon the following condition: - Applicants, or their successors in title, shall be prohibited from any further construction of any structures on 101 Baxter Road, Assessor's Map 48, Parcel 17, without prior relief from the Nantucket Zoning Board of Appeals. Dated: March ~~ 1998 1 _ Dale W. Wain c../ Linda ~. illiams v, Mich e J. O'Mara V V~ ~ • ~ 19t~-~1~-~ lliam W i P. Hourihan, Jr. ~ , \, `\ //~, ` 1 1, l r J ~ /`~ / \~J V~~i \ ~l J~~~ h l~ f Nancy Sevren TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON 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, FEBRUARY 13, 1998, in the CONFERENCE ROOM, at the TOWN ANNEX, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: ROBERT BERWICR AND MARILYN MATZ BOARD OF APPEALS FILE N0. 010-98 Applicants are seeking relief by VARIANCE pursuant to Nantucket Zoning By-Law §139-32A from the requirements of Nantucket Zoning By-Law §139-16A (Intensity Regulations - ground cover ratio). Applicants propose to relocate an existing 1,651+ square-foot. single-family dwelling from a lot shown as 101 Baxter Road, Assessor's Map 48, Parcel 17 to the 18,989+ square-foot vacant Locus, which is situated directly across a public way from 101 Baxter Road. Applicants wish to relocate the dwelling due to the severe erosion of the coastal bank. The Locus is non-conforming as to lot size, having a lot area of 18,989 square ,feet in a district that requires a minimum lot size of 120,000 square feet. Allowable ground cover for the Lot is 3% or 1500 square feet, which ever is greater. If the structure is relocated to the subject Lot, it would violate the maximum ground cover allowed by 151+ square feet. See also related B0,&.File No. 025-88. The premises is located at Assessors' Map 48, Parcel 40, Plan Limited-Use-General-III. 104 BAXTER ROAD, SIASCONSET, File 47-R. The property is zoned • ^~C ~C O Id 6N'~ TOWN CLERK'S OFFICE NANTUCKET, NIA 0?554 JAN 2 8 1998 TIME: CLERK:_ ^ V Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT O~R.E~THER ALTERNi4TIVE. FORMATS.. FOR _ ASSISTANCE .ALL _ __. __ BoA Form 1--89 NANTIICKET ZONING BOARD OF APPEALS TOWN AND COIINTY BIIILDINQ~ Date •NANTIICRET, MA 02554 - • CASE .No • APPLICATxON FOR RELIEF ., Owner's name (s) : ROBERT BERWICR and MARILYN MATZ c/o Vaughan and Dale; P. ., oz , antuc t, Mailing address : Alison Sweet Zieff, Attorney Applicant's name: _Robert Berwick and Marilyn Matz c/o i§on Sweet Zieff Attor eyy Vau han and Dale p. C. Mailing address: __ ~aler's Lane, P. b. Boz g59; Nan~ucket, MA 0254 Location of lot: Assessor's map and parcel number 48 - 40 Street address : 104 Baiter Road, Registry Land Ct Plan, Plan Bk & Pg or Plan File Lot Date lot acquired: ~/~~ Deed Ref 485,227 Zoning district Luc-3 Uses on lot - commercial: None X or ~ MCD? - number of: dwellings i duplex apartments ~ •rental rooms Building date(s): all pre-8/72? or C of 0? .. .,,•,• Building Permit appl'•n: Nos. Case Nos. all BoA applications, lawsuits: State fully all zoning relief sought and respective•Code sections and subsections, specifically what you propose compared to present and what grounds xou urge for BoA to make each finding per section 139-32A if Variance, 139-30A % if a Special Permit ..(:~:Z:Ld.. 139-33A if to alter ~ or~~•ext'end •a noncori~orming use) .' If appeal per 139-3~A & B _ , attach decision or order appealed. OK to attach addendum . See Addendum Attached • ,~,: .. Items enclosed as part of this Application: orderl addendum2~ Locus mapg• Site plan,_g__ showing present % +plan2le~ % 'structures Floor plans present proposed elevat of ns (HDC,a~proved?_) Listings lot area,,. frontage g setbacks g GCR g• parking data Assessor-certified addressee Ii t 4 sets ma~l ni g labels$ 2 sets. 200 fee payable.._.ta..~awn ••of Nantucket • g proof •• - -' cap' ~c~~ienant _ (If an appeal, ask Town Clerk to sencT Bldg Com s record ~to BoA~ I certify that the requested information submitted is substantially complete and true, to the• best`~of my knowledge, under they wins and peYialties of perjury. ~ • .. • SIGNATURE : ~ •~ •• g Applicant Attorney/agent Alison Sweet eff, ttorney 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE ~. Application copies reed: •4 ~•~or~~ f-or BoA on~ ~by One copy filed with Town Clerk on~ /~ /~by complete? .~ One copy each to Planning Bd and Building„ De t /~ b~J $200 fee check given Town'~Treasurer on~~` byC~~L.~ waived? Hear~.ng notice posted,L/~~" ? mailed,~/~~~ I & M~~~~ ~~~~ ~;: Hearing (s ) on_/___/_ cont' d to_/_/_, _/_/_ withdrawn?~~_ Decision due by_/~_ made_/_/_ filed. TC,/_/_ mailed~/~_ See related cases lawsuits other Robert Berwick Marilyn Matz 104 Baxter Road Siasconset, MA 02564 ADDENDUM The Applicants, Robert Berwick and Marilyn Matz, seek a VARIANCE pursuant to §139-32A of the Nantucket Zoning By-Law (the "By-Law") and Massachusetts General Laws Chapter 40A, §10. The Applicants are 39 ~ ~ ~- requesting the Variance from §139-33E(2)(b) allowing them to relocate their existing house, of approximately 1,651 square feet, onto their property at 104 Baxter Road (the "Property"). The Property is a vacant lot of approximately 1, 899 square feet which predates the imposition of the By-Law. The Applicants own the land and the house located across the street at 101 Baxter Road (the "Eroding Property"). As a result of the erosion of the coastal bank of the Eroding Property, the Applicants must move their existing house onto the Property in order to prevent the house from being destroyed. The Property is located in a LUG-3 District. The maximum ground cover in a LUG-3 District is 3 %. However, § 139-33E(2)(b) of the By-Law provides that the maximum ground cover for a lot of record shall be "the greater of fifteen-hundred (1,500) square feet...or the amount determined in accordance with the maximum ground cover ratio represented for the zoning district in which the lot is situated.... ". The Applicants are requesting a Variance in order to allow the placement of their existing 1,651 square foot house onto the Property. The requested relief is in harmony with § 139-32A of the By-Law for the following reasons. First, due to the soil conditions of the Eroding Property, a literal enforcement of the By-Law would involve substantial hardship to the Applicants. The soil conditions on the Eroding Property have made it impossible to maintain the house on that property any longer. If the requested relief is not granted, the Applicants will lose their house to the ocean and will suffer both financial and emotional hardship. Second, the relief may be granted without substantial detriment to the public good. The house already exists on Baxter Road and is in keeping with the immediate neighborhood. Moving the house across the street will not alter the area in any significant respect. Finally, the relief can be granted without nullifying or substantially derogating from the intent or purpose of the By-Law. The circumstances facing the Applicants are exactly the situation for which a Variance should be granted. The physical attributes of the land are forcing the Applicants to move their house. If the Applicants are not granted the Variance, their house will be destroyed. Since the house is already located in the neighborhood, it is of a size, style and appearance in keeping with the area. Furthermore, the Variance would only allow an additional 151 square feet over the square footage which would be allowed by right. By granting the Variance, the Board would be acting in a manner consistent with the spirit and intent of §139-32A of the By-Law. The Applicants respectfully request that the Board vote in favor of the requested Variance. (jah)ZIEFF\berwick\boaappeal aor.KOf155 ~ac.t 2~ I, DEANNE GAY SPOOR, TRUSTEE OF DEANNE GAY SPOOR REVOCABLE LIVINGbT(RUST, u/d/t dated July 27, 1989 and recorded in Book y~~, Page ~F[' at the Nantucket Registry of Deeds, of 195 Country Club Road, Grosse Point Farms, MI 48236 in consideration of SIX HUNDRED SEVENTY THOUSAND AND NO/100 ($670,000.00) DOLLARS paid grant to ROBERT C. BERWICK and MARILYN MATZ, husband and wife as tenants by the entirety, of 19 Brenton Road, Weston, MA 02193 with QUITCLAIM COVENANTS, the land together with the structures thereon situate at 101 and 104 Baxter Road, Siasconset, Nantucket Town and County, Massachusetts bounded and described as follows: Lots Seven (7), Eight (8), Twenty-Seven (27) and Twenty-Eight (28), as shown on plan of division of land of the heirs of William J. Flagg recorded in Nantucket Registry of Deeds, Book of Plans 4, Page 46, and to which plan reference is hereby made. Also shown as Lots 1 and 2 on plan drawn by John J. Shugrue, Inc. , dated September 19, 1995 and recorded in Plan Fileli/Z~ at said Registry. Grantor warrants that Lots Seven (7) and Eight (8) are contiguous and that each has a frontage of approximately eighty- five feet on the bluff over the Atlantic Ocean; that Lots Twenty- Seven (27) and Twenty-Eight (28) are contiguous and lie immediately to the west of Lots Seven (7) and Eight (8) being separated therefrom by a road. For Grantor's title see Deed recorded at Book 382, Page 177 at the Nantucket Registry of Deeds. ~_ ~ , . ~~".~j, cl, ,~ • j; ~' ~' ' ~ a~o><Of$S~ac~228 ,~ I ,, i ~~ ~I, WITNESS my hand and seal this ~ day of October, 1995 • ~i 1 Deanne Gay Spoor, Trus ee STATE OF MICHIGAN ~/a , ss October J ,1995 ~ Then personally appeared the abo~~e-named Deanne_Gay Spoor, Trustee as aforesaid and acknowledged th regoinq.instrumen~ to be her free act and deed before me, .-•~ - -(} 1•: ~ :'l., ~:5 otaXY Publ c !ty':Commission Expires: '1 1. ~,E i~..l a,'j i ;~ i ~:' ~: . ROOKO~~C;SP~GE 2?9 TRUSTEE'S CERTIFICATE I, Deanne Gay Spoor, hereby certify that as of this date, I am the sole Trustee of Deanne Gay Spoor Revocable Living, under Declarat/ion of Trust dated July 27, 1989, recorded in Book yiY ~ , Page ai~d~ at the Nantucket Registry of Deeds as amended at Book y~, Page .3~5 ~ at said Registry, with a mailing address of 195 Country Club Road, Grosse Point Farms, MI 48236 and further certify that said Trust has not been further amended, terminated or revoked and is in full force and effect. I further certify that the Trustee executing and delivering the annexed Deed has been duly authorized by the direction of all beneficiaries of said Trust to execute and deliver the same and that such instrument is valid, binding, effective and legally enforceable in accordance with Article VI of said Trust instrument. I lurther certify that none of the beneficiaries of the Trust are minors and all are competent to act. ~~. Date: October S ,1995 -~ C -/ Deanne Gay Spoor, T ustee STATE OF MICHIGAN ~_ ss October ! ,1995 ' Then personally appeared the above-named Deanne Gay Spoor, Trustee as aforesaid and acknowledge he~f regoing instrument to be her free act and deed, before me _ ~ otar Publ c ~ . y ~ My Commission Expires: - • ' 140.^. r r'~i ~ iac - _•Cc»nty MI , i , • •• h~~ Cnin-n.^r~ : ~; ~ ~C ~Ruv,1a 1996 Pear. u~ 1:cy.~o Cuunty. MI _ - • °! OCT 181995 /D ~ S of P m .. NANTUCKET f,CUyTY Sl+t;O°4 td CHA.DYdICK `,?'=','~ RECD ENTERED ATTEST REGIS?ER End of Instrument •~ ~~ BoA Form ~ _ NANTUCKET AND COUNTY BUIOLDIAPG EALS TOWN NANTUCKET, MA 02554 ASSESSOR'S LIST OF Ppg.TIES IN INTEREST F}¢~1~11 PROPERTY OWNER: ~ -~% APPLICANT FOR RELIEF (sAME n~/---)' ~F~ `~ ~ * ADDRESS OF PROPERTY: `~ _ ~ ASSESSOR'S MAP - PARCEL: LIST OF P~SEESATTAC~D G DRESSES (OR ~-- lists all persons, oing (or the attached -) owners of land I certify that the foreg ro erty, who are owners °f r~ivate s tee or way; and abutters of natural or legal, ublic or p directly opposite on any p ear on ers and all other land owners weth(and thei address)eappf t e ~e the abutt ro erty, as th y property line of Owner s P P list [per M.G.L. c.40A, §il and Zoning C the most recent applicable tax ~~ Chapter 139, §139-29D(2)l _ L~-- i Assessor's .Office Date Town of Nantucket Petitioner) should include wits Which might becomezOning *NOTE: Applich t any commonly-owned abutting lot relief is soug matter. List map and parcels for each abutter. involved in the zoning au han and Dale, P• C- Submitted b 3l ]g Date: ~ Client: 2-89 jah/FORMS/boa 0/02/98 TOWN OF ~iANTUCKET i2: 41 :20 OWNER'S MAILING ADCRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 0048 0048 SANKATY-JUDY TRUST 0014 COUNTRY LN 115R SANKATY RD M JUDY & E GOLDBERGER TR NORTHFiELG IL 60093 0048 0038 *JUDY MARY ANN ETAL TRUSTEES 14 COUNTRY LANE 108A BAXTER RD SANKATY-DORSEY TRUST NORTHFIELD IL 60093 0048 0014 *JUDY MARY ANN ETAL TRUSTEES 4 COUNTRY LANE 107A BAXTER RD SANKATY-JUDY TRUST NORTHFIELD IL 60093 0048 00381 *JUDY PAUL R 14 COUNTRY LANE 0108 BAXTER RD NORTHFIELD IL 60093 0048 00141 *JUDY PAUL R 14 COUNTRY LANE 0107 BAXTER RD NORTHFIELD IL 60093 0048 0039 MATTESON WILLIAM B & MARILEE B 0825 THIRD AVE 0106 BAXTER RD NEW YORK NY 10022-6225 0048 0015 MATTESON WILLIAM B & MARILEE B 0875 THIRD AVE 0105 BAXTER RD NEW YORK NY 10022-6225 0048 0008 *NANTUCKET TOWN OF 0016 BROAD ST 0000 SCONSET SLUFF NANTUCKET MA 02554 0048 0017 BERWICK ROBERT & MARILYN MATZ 19 BRENTON ROAD 0101 BAXTER RD WESTON MA 02193 0048 0042 BAILEY DAVID S & DOROTHY 0 34 THUNDER MOUNTAIN RD 0100 BAXTER RD GREENWICH CT 06831 0048 0018 *TIPPER HARRY III & KATHLEEN S 56 W MAIN ST 0099 BAXTER RD MENDHAM NJ 07945 0048 0043 CARROLL ANN 9 EDGEWOOD CRESCENT 0098 BAXTER RD C/0 MCROBIE B R TORONTO CANADA M4W 3A8 0048 0019 MCQUADE LAWRENCE C & MARGARET 125 EAST 72ND ST 0097 BAXTER RD NEW YORK NY 10021 0048 0044 HODGES VALERIA P & SHATZEL 559 WASHINGTON RD 0096 BAXTER kD VALERIA C TRUSTEES GROSSE POINTE MI 48230 PACE 1 MUAS750 8.4 NUMBER OF RECORDS = 14 C9 /02/98 12:54:^:7 Map Block Lot Owner's/Co-Owner's Name 0048 00471 SANKATY DORSEY TRUST GROSSMAN G F& J M A TRS TOWN OF NANTUCKET OWNER'S MAILING ADDRESS LIST Mailing Address/City State Zip 0014 COUNTRY LN NORTHFIELD IL 60093 Property Location 0111 SANKATY RD PAGE 1 MUAS750 8.4 NUMBER OF RECORDS = 1