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HomeMy WebLinkAbout014-13 109 Baxter RoadFee: $300.00 Print Form TOWN OF NANTUCKET RECEIVED BOARD OF APPEALS 1013 RPR 4 PM 1 42 NANTUCKET, MA 02554 NANTUCKET TOWN CLERK APPLICATION /, File No. 00-11 Owner's name(s): John P and Susan D. Deangelis Applicant's name(.): John P. and Susan D. Deangelis Mailing address: 905 Prospect Heights, Santa Cruz, CA Phone Number: 508- 228 -0771 E -Mail: Applicant's name(.): John P. and Susan D. Deangelis Mailing Address: 905 Prospect Heights, Santa Cruz, CA Phone Number. 508- 228 -0771 E-Mail: Locus Address: 109 Baxter Road Assessor's Map /Parcel: 48 - 12 Land Court Plan /Plan Book &Page /Plan File No.: Lots Bl 8 B2 on LC Plan 9448 -B Deed Reference /Certificate of Title: 19675 Zoning District S R -2 Uses on Lot- Commercial: None Yes (describe) Residential: Number of dwellings 1 Duplex Apartments Date of Structure(s): all pre -date 7/72 or Renovated and Moved Building Permit Nurnbers: 6342 -88' 12902 -96 Previous Zoning Board Application Numbers: 042 -88 2 Fafrgmunds Road Nantucket Ma ... chusem 02554 508 - 228 -7215 mlephove 508 -228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: See Ekhibit A I certify that the inforr ation contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. Owner* R' Applicant /Attomey /Agent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on: / / By:_ Complete: Need Copies: Filed with Town Cletk:JJ_ Planning Boazd:JJ_ Building Dept:JJ_ By:_ Fee deposited with Town Treasurer:J,_ By_ Waiver requested:_ Granted:_/ / Hearing notice posted with Town Clerk.—/—/— Mailed: / / I&M / / &e_/ / Heating(s) held on:_/ / Opened on: Continued to: D : /_/ Withdrawn: / / eci sion C Due By:_/ / Made:—/ / Filed w /Town GeAc _/ / Mailed:_ /_ /_ 2Fairgromds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508 -228 -7298 facsimile Exhibit A Applicant owns property at 109 Baxter Road. In 1988 Applicant's predecessor in title obtained variance relief allowing a 10 -foot front yard setback instead of the required 30 feet. This variance was granted in large part upon the fact of the eroding bluff which endangered the structural integrity of the house. Applicants now seek another variance as the erosion has gotten worse and the house is once again in danger. The topography of Applicant's lot is such that the erosion lessens on the northern side of the property. Applicant seeks variance relief, pursuant to Chapter 139, §32, from Chapter 139, §16 as follows: a. Reduce front yard setback to 5 feet; b. Reduce side yard setback on the north sideline from 10 feet to 2 feet. FI[]IDlfSN%C,MMM'GOJS,IOM A40iwlon&bibn AJJt ll) ZONING CLASSIFICATION, R: Exsrwc - MW. ..... •. 2b, 51 MW. FRONUOE: ..... FIT FRONT YARD S.B:... syi Fr ......... REAR 6 S GROUND COVER OVEfl I XL ) gran CY VR2IRMOE' LM.lJe. N444'7 48- 11 NIF k EISS KOFF' �i aA ce .�y rn Y P P12 t% 9IrID (n� �. L O4 ( 19TY: µ OF .JEFiGEY Y, Y� Rn. ° BNCNWELL No. 35988 'FfGISTEµ� L J CERTIFY. AS OF :. �.b.. /�. 93 ... THAT • THE SUILOING(S) IVARE LOCATED ON THE GROUND AS SHOWN.HEREON. PROFESSIONAL LAND SURVEYOR THIS PLOT PLAN WAS PREAARED FOR THE TOWN OF NANTUCKET BU101NG DEPARTMENT ONLY AND SHOULD NOT 9E GONSIDERED A PROPERTY LINE SURVEY. THIS PLAN SHOULD NOT of USED TO ESTABLISH PROPERTY LINES. FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESOR RECORDS. ASSESSOR MAP: ..L10.. , PARCEL: 12, 488 7d.N CF NRIJTUDKET 4B -)4 wr Y/GNERU -- BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1'. HO' DATE: 06r 16, )9qS r: Owne..'. ??Ylr . F ]R0000N , , . , ... , Deed4!N,0lQ .... Pl.., ¢¢;C; 9448';$ . . joo.. Ill Wx7E'R T4V....... . BLAGHNWELL & ASSOCIATES, 1... 0 'YO.UNGS WAY NANTUCKET; MASS. o2m (588) 228- 9626 III m p �gg�o e ya u€ 9 E F 5• 4 i a.� r e'F T r• eF y t LI � a n ey - s � c P T V - m^ f s - E' J 4 € R . Ci /1 U\ Y � m II 0 RECEIVED BOARD OF ASSESSORS FEB 2 6 2013 Town of Nantucket TOWN OF Zoning Board of Appeals NANTUCKET' MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER ...... 5u$A.`.J ......... oer3 . . . NGck_(S . . .......... .............................. MAILINGADDRESS ..... 9U5 PNo (CZ FtUatt�i )q+vTh (2v.z ((� PROPERTY LOCATION .........I.o.,.......T.P`x'c2 R.Q........ a ASSESSOR MAP/PARCEL............. .. � .............. ............................... SUBMITTED BY .............R..3...... OLSO OcNj SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B (2). DA ASSESSOR'S OFFICE TOWN OF NANTUCKET §f §]§ , 2\2223/\ !.. . ; �• ,, ; [ !., ; |" 44447 W we TOWN OF NANTUCKET N�,N7UCA.7, 'r BOARD OF APPEALS yCO ,�16, NANTUCKET, MASSACHUSETTS 02554 ,O Date: May U , 1988 CERTIFICATE OF GRANTING OF VARIANCE 1XVIORI$RRRIAWIRNUX (Massachusetts General Laws, Chapter 40A, Section 11) The BOARD OF APPEALS of the Town of Nantucket hereby certifies that a Variance and /or Special Permit has been granted: To' w May ih ,( RR) (Owner /Applicant) Address: c/o Reads and Alger, Box 2669, Nantucket, MA 02584 affecting the rights of the Owner /Applicant with respect to land or buildings at 109 -111 Baxter Road, Assessor's Parcel 48 -012 and -013 i A rwilt P1 QAAR R r R -v Deed Reference_ And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision granting the Variance and /or Special Permit and that copies of the Decision and of all plans referred to in the Decision have been filed with the Planning Board and the Town Clerk The BOARD OF APPEALS calls to the attention of the Owner /Applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no Variance and /or Special Permit, or any extension, modification or renewal thereof, shall take effect until (a) a copy of the Decision is certified by the Town Clerk that twenty days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Deeds for the County of Nantucket and,indexed in the grantor index under the name of the Owner of Record or is recorded and noted on the Owner's Certificate of Title. The fee for such recording or registering shall be paid by the Owner /Applicant. Chairman I Clerk 44447 BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, APRIL 29, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of FREDERICK M. MOYNIHAN (042 -88) address c/o Reade and Alger, Box 2669, Nantucket, MA 02584. 1. Applicant seeks a VARIANCE from the front-yard setback require- ments of 30 feet under Zoning By -Law SECTION 139 -16A to allow relocation of Applicant's single-family dwelling from its site near the Sanksty bluff to within 10 feet of the Baxter Road street line. The premises are located at 109 -111 BAXTER ROAD, Assessor's Parcel 48 -012 and -013, Land Court Plan 9448 -B, Lots B -1 and B -2, zoned RESIDENTIAL -2. 2. Our findings are based upon the Application papers including the undated blueprint (our Exhibit "A ") showing existing and new dwelling footprints on Lots B -1 and B -2, respectively, our viewing, and representa- tions and testimony received at our 3/25/88 hearing on emergency relief and at our regular 4/29/88 hearing. See our letter of 3128/88 to the Building Commissioner authorizing issuance of a temporary permit pursuant to Section 139 -26H. 3. We find that adjacent Lots B -1 and B -2 each have about 11,800 SF area and a Baxter Road frontage of about 80 feet. They were created by subdivision of a Lot B as shown on Land Court Plan 9448 -B dated 4/2/46. According to counsel for Applicant, unimproved Lot B -2 is buildable under the protection of Ch. 808, codified in By -Law Section 139 -33F, for the 5-year period starting with upzoning to R -2 in 1984, notwithstanding the 20,000 SF minimum lot size requirement for R -2 lots. 4. In any event, Applicant proposes to remove his dwelling from the Lot B -1 site near the eroding bluff to a new foundation on Lot B-2 outlined on Exhibit "A" and setback 10 feet from the front lot line. Along this stretch of Baxter Road, the roadway pavement, we are told, is about 21 feet west of that lot line, resulting in a 31 -foot setback from 44447 -2- e. Such siting is considered justifiable, consistent with our ,f similar vafiance relief for other homes at risk on Sankaty Head. ,tion of the dwelling will be reversed by a 1800 rotation. Apart ,e new foundation, no substantial structural change is proposed. 5. In view of the eroding soil condition at the bluff and risk of loss of the dwelling by soil collapse, we are able to find the resulting hardship required for variance relief. The requested relief . may be granted without substantial detriment to the public good and with- out nullifying or substantially derogating from the intent or purpose of the Zoning By -Law upon the Condition that no further dwelling or dwelling unit be constructed oothe premises and specifically on Lot B-1. A building permit issued pursuant to such variance relief would supercede a temporary permit issued following our 3/28/88 letter. 6. Such variance relief has the favorable recommendation of the Planning Board and, we understand, the Conservation Commission. No oppo- sition was heard. 7. Accordingly, this Board by UNANIMOUS vote, GRANTS to Applicant the requested VARIANCE from the 30 -foot front -yard setback required by SECTION 139 -16A to relocate his dwelling on Lot B -2 -in substantial conformity with Exhibit "A" not closer than 10 feet from the street line and upon the above -noted condition. Dated: May 13 .1988 L✓.- tJ�[ /...� --� Nantucket, MA 02554 - William R. Sherman 3,1,rf ICERHFLTHAT2O DAYS HAVE ELAPSED AFTER THE DECISION WASPILED INTUfOFFICEOFTHE TOWN CLERK AND THAVS NO A, SEOTION F�fL {q PEISUA4TTU � 40 A, SEC11ON 1 TO'J. "r CL -fiK Alt Andrew J. Leddy, Jr. — Dorath y D. Vollans i co go N K z CIQ Q � Z = 6 IN 0 CD Ic 2 J z Print Form • tam- •� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 C- '73 C y C> ! rn Date: June 18, , 12043 C7 fT. CA rn c) rri To: Parties in Interest and others concerned with the Dec si6r� of the BOARD OF APPEALS in the Application of the following: n cTt rn cn Application No. : 014-13 Owner/Applicant: JOHN P. DEANGELIS AND SUSAN D. DEANGELIS I Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with 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 a complaint in Land 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 . it?4,,v4,115/ S C(47) Edward S. Toole, Chairman cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS) ; SECTION 139-32 (VARIANCES) . ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-228-7215 . TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MA 02554 Assessor's Map: 48 109 Baxter Road Parcel: 12 Land Court Plan 9448-B, Lots B1 and B2 `Sconset Residential—20 (SR-20) Certificate of Title No. 19,675 At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS held at 1:00 p.m., Thursday, April 11, 2012, 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of JOHN P. DEANGELIS AND SUSAN D. DEANGELIS, 905 Prospect Heights, Santa Cruz, California 95060, File No. 014-13: 1. Applicants are requesting a modification of the Variance in Decision No. 042-88 and, to the extent necessary, Variance relief pursuant to Nantucket Zoning Bylaw Section 139-32 from the intensity regulations in Section 139-16, in order to relocate the existing house approximately two (2) feet from the northerly property line and five (5) feet from the westerly front yard property line in a zoning district that requires a thirty (30) foot front yard setback and a ten (10) foot side and rear yard setback. The Locus is situated at 109 Baxter Road, Assessor's Map 48, Parcel 12, is shown on Land Court Plan 9448-B as Lots B1 and B2, and evidence of owner's title is registered as Certificate of Title No. 19,675 in the Nantucket County Registry District of the Land Court. The site is zoned Sconset Residential—20 (SR-20). 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. The Locus consists of two (2) parcels of land: Lots B-1 and B-2 shown on Land Court Plan 9448-B and further described in the Nantucket Tax Assessor's Map Book on Map 48 as Parcel 12. Due to the eroding coastal bank, the Applicants propose to relocate the existing structure on the Locus such that it is approximately two (2) feet from the northerly property line and five (5) feet from the westerly front yard setback. The Board was reluctant to grant the requested relief for the two (2) foot northerly setback because of building code issues. However, the Board suggested that a three (3) foot setback from the northerly property line would be acceptable. 4. Therefore, the Board specifically finds that due to the topography of the lot and 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 Bylaw would involve substantial hardship, financial and otherwise, to the Applicants and that relief would be in harmony with the general purpose of the Zoning Bylaw and may be granted without substantially derogating from the intent of the Bylaw and, as such, there are sufficient grounds upon which to base a grant of variance. 8. Accordingly, by a UNANIMOUS VOTE, the Board grants the VARIANCE under Nantucket Zoning Bylaw Section 139-32 from the intensity regulations in Nantucket Zoning Bylaw Section 139-16 to allow the Applicants to relocate the existing structure on the Locus such that it is approximately three (3) feet from the northerly property line abutting the unnamed way and five (5) feet from the westerly property line abutting Baxter Road upon the following conditions: (a) The relocation shall be done in substantial compliance with the plan entitled "Zoning Board of Appeals Plot Plan" dated April 11, 2013, prepared by Joseph Marcklenger P.L.S, attached hereto as "Exhibit A"; (b) No construction will take place between Memorial Day and Labor Day of any year; (c) That safety fencing that secures the area shall be installed around the perimeter of the site during the structure move and until the structure is secured on the new foundation. SIGNATURE PAGE TO FOLLOW DATED: June 1 , 2013 , / Nantucket, Massachusetts I Ali ' and Voile • 4' r S fcCr 411111b b `' J. O'Mara 4-1 a Kerim Koseatac t"%K.— eoffrey Thayer COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. June , , 2013 On thi P) d y of June, 2013, before me, the undersigned Notary Public, personally appeared tJ � 3/ J , who is personally known to me, and who is the person whose ame is signed on the preceding or attached document, and who acknowledged to me that he/she signed it voluntarily for its stated purpose. ((,/iignk- Notary Public: My commission ex .-. ��.`.�.`,`,� . `�? l LESLIE WOODSON CNELL 4_ NOTARY PUBLI0 p y COMMONWEALTH OF MASSACHUSETTS f I _ My 69m111,ENINNS$apt 28,2018 1 hlblde it A JOSEPH MARCKUNGER P.L.S. D.B.A. ON—ISLAND SURVEY CO. INC. P.O.BOX 896 \ NANTUCKET, MA. 02554 \• (310) 945-7054 \\ \ \ • \\ 1 I m • \ v \ °' \ \ \ MAP 48 PARCEL 11 .•• \ .y \ hp , \ • \\ S -- '). �0. \ .' 9 9 'A m• \� _ B-1 AREA = 11,742 SQ.FT. Y' MAP 48 PARCEL 12 •. PROPOSED BUILDING LOCATION PER Z.B.A. DATED: 4.11.2011 mho S. gyp.pc. CP 413 c^ B-2 AREA = 11,778 SQ.FT. -- \ MAP 48 �'� \\ PARCEL 12 �• • \ EXISTING LOCATION\\ \ TILA \ n09 \ \ 9 tiV, , \ ) \ O S. \ 'i. \ • Q \ \ MAP 48 \ PARCEL 14 .\ • • \ \ \ \ \ \ ZONING BOARD OF APPEALS PLOT PLAN NANTUCKET, MA. (NANTUCKET COUNTY) Y ZONING CLASSIFICATION: SR-20 109 BAXTER ROAD MINIMUM LOT SIZE - 20,000 sQ. FT. - SCALE 1 IN.= 30 FT APRIL 11, 2013 MINIMUM FRONTAGE = 75 FT. , FRONT YARD SETBACK = 30 FT. L.C.C. 9448-B CERTIFICATE: 19675 • REAR YARD SETBACK = 10 FT. SIDE YARD SETBACK = 10 FT. ASSESSORS MAP 48, PARCEL 12 GROUND COVER RATIO 12.5% PREPARED FOR: JOHN P. & SUSAN DEANGELIS , f-a Z Z G G m n 2 a � ° 2 N m TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No.-an — ' 3 Owaefs name(s): John P: and Susan D. Deaneelis Mailing zddmss:' , - .905 Prospect Beiglds, Santa Cruz, CA Phone Number 508= 228 -0771. R-Mail Applicant's name(s): John P. and Susan D. Deangelis Mailing Address: 905.Prospect Heights, Santa Cruz, CA Phone Number. 508- 228 -0771 P140L Locus Address: 109 Baxter Road Assessor's Map/Paccel:. 48 - Land Court Plan/Plan Book &Page /Plan Pile No.: Lots Bl fr B2 on LC P: Deed Reference /Cettificate of n&- 19675 ZoningDistuct S R -2 Uses on Lot- Commercial: None Yes (d=ribe) Residential Number of dwelling 1 Duplex Apartments _ Date of Stmcture(s): all pre -date 7/72_ox Renovated and Mnved Building Pem2it Numbers: 6342 -88: 12902 -96 Previous Zoning Board Application Numbers: 042 -88 0) 'f')3 2 Fairgrounds Road Namucket Mmsachnse 07554 508- 228 -7215 tekpLone 508- 228 -7298 faes®ile State below of attach a separate addendum of specific special permits or variance relief applying for I certify that the information contained herein is substantially complete and tone to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: 1� t ��- Owner* SIGNATURE: Applicant /Attorney /Agent* *If an Agent is representing the Owner or the Applicant, please provide a signed ptcof of agency. OFFICE USE ONLY Application teceived oa:_/�— By:_ Complete:_ Need Copies:_ Filed with Town C1etk:JJ_ Planning Board.—/—/— Build %Dept:JJ_ By:_ Fee deposited with Town TtnsuteeJJ_ By:_ Waiver requested - Gxaated: —/—/_ Heating notice posted with Town Clerk—/—/— Maled:��- IBeM_ /�_ & —/—/_ Heavnes) held on:_/ -1_ Opened Contomed to:_/_/_ Withdmwn:_/_/_ Decision Due By: —/—/_ Made:_/J_ Filed w/Town Clerk_/_/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile Exhibit A Applicant owns property at 109 Baxter Road. In 1988 Applicant's predecessor in title obtained variance relief allowing a 10 -foot front yard setback instead of the required 30 feet. This variance was granted in large part upon the fact of the eroding bluff which endangered the structural integrity of the house. Applicants now seek another variance as the erosion has gotten worse and the house is once again in danger. The topography of Applicant's lot is such that the erosion lessens on the northern side of the property. Applicant seeks variance relief, pursuant to Chapter 139, §32, from Chapter 139, § 16 as follows: a. Allow a portion of the structure to be located on a licensed area, granted to DeAngelis on Oct. 23, 2013, by the Nantucket County Commissioners. The Licensed area is to be included for zoning purposes of the existing lot. It shall have a 0 front yard setback. There will be 6 -8 feet of vegetation for buffering between house and pavement. b. Maintain previously approved side yard setback on the North sideline 10 feet to 2 feet. 44447 e` N?opw„ .TOWN OF NANTUCKET BOARD OF APPEALS 1: "'aantE NANTUCKET, MASSACHUSETTS 02554 Wum, Date: May L3 , 1988 CERTIFICATE. OF GRANTING OF VARIANCE IND12XX2219XXIX21BILIX (Massachusetts General Laws, Chapter 40A, Section 11) The BOARD OF APPEALS of the Town of Nantucket hereby certifies that a Variance and /or Special Permit has been granted: To: - Moy,jbam (049-99) (Owner /Applicant) Address: c/o Reade and Alger, Box 2669, Nantucket, MA 02584 affecting the rights of the Owner /Applicant with respect to land or buildings at 109 -111 Baxter Road, Assessor's Parcel 48 -012 and -013 I R-1 d R-9 Deed Reference_ And the BOARD OF APPEALS further certifies that the attached Decision is atrue and correct copy of its Decision granting the Variance and /or Special Permit and that copies of the Decision and of all plans referred to in the Decision hews been filed with the Planning Board and the Town Clerk The BOARD OF APPEALS calls to the attention of the Owner /Applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no Variance and /or Special Permit, or any extension, modification or renewal thereof, shall take effect until (a) a copy of the Decision is certified by the Town Clerk that twenty days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Deeds for the County of Nantucket and indexed in the grantor index under the name of the Owner of Record or is recorded and noted.on the Owner's Certificate of Title. The fee for such recording or registering shall be paid by the Owner /Applicant. Chairman Clerk 44447 BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, APRIL 29, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of FREDERICK M. MOYNIHAN (042 -88) address c/o Reade and Alger, Box 2669, Nantucket, MA 02584. 1. Applicant seeks a VARIANCE from the front -yard setback require- ments of 30 feet under Zoning By -Law SECTION 139-16A to allow relocation of Applicant's single - family dwelling from its site near the Sankaty bluff to within 10 feet of the Baxter Road street line. The premises are located at 109 -111 BAXTER ROAD, Assessor's Parcel 48 -012 and -013, Land Court Plan 9448 -B, Lots B -1 and B-2, zoned RESIDENTIAL-2. 2. Our findings are based upon the Application papers including the undated blueprint (our Exhibit "A ") showing existing end new dwelling footprints on Lots B -1 and B-2, respectively, our viewing, and representa- tions and testimony received at our 3/25/88 hearing on emergency relief and at our regular 4/29/88 hearing. Sea our letter of 3/28/88 to the Building Commissioner authorizing issuance of a temporary permit pursuant to Section 139 -26H. -- 3. We find that adjacent Lots B -1 and B -2 each have about 11,800 SF area and a Baxter Road frontage Of about 80 feet. They were created by subdivision of a Lot B as shown on Land Court Plan 9448 -B dated 4/2/46. According to counsel for Applicant, unimproved Lot B -2 is buildable under the protection of Ch, 808, codified in By -Law Section 139 -33F, for the 5 -year period starting with upzoning to R -2 in 1984, notwithstanding the 20,000 SF minimum lot size requirement for R-2 lots. 4. In any event, Applicant proposes to remove his dwelling from the Lot B -1 site near the eroding bluff to a new foundation on Lot B-2 outlined on Exhibit "A" and setback 10 feet from the front lot line. Along this stretch of Baxter Road, the roadway pavement, we are told, is about 21 feet west of that lot line, resulting in a 31 -foot setback from 44447 (042 -88) -2- its edge. Such siting is considered justifiable, consistent with our grant of similar vafiance relief for other homes at risk on Sankaty Head. Orientation of the dwelling will be reversed by a 1800 rotation. Apart from the new foundation, no substantial structural change is proposed. 5. In view of the eroding soil condition at the bluff and risk of early loss of the dwelling by soil collapse, we are able to find the resulting hardship required for variance relief. The requested relief. may Be granted without substantial detriment to the public good and with- out nullifying or substantially derogating from the intent or purpose of the Zoning By -Law upon the Condition that no further dwelling or dwelling unit be constructed otvthe premises and specifically on Lot B -1. A building permit issued pursuant to such variance relief would supercede a temporary permit issued following our 3/28/88 letter. 6. Such variance relief has the favorable recommendation of the Planning Board and, we understand, the Conservation Commission. No oppo- sition was heard. 7. Accordingly, this Board by UNANIMOUS vote, GRANTS to Applicant the requested VARIANCE from the 30 -foot front -yard setback required by SECTION 139 -16A to relocate his dwelling on Lot B-2 in substantial conformity with Exhibit "A" not closer than 10 feet from the street line and upon the above -noted condition. Dated: May 13 , 1988 Nantucket, MA 02554 t✓`2 �`""�" William R. Sherman 6 Al wz '/ 8 u 3, I CEHBFl7HAT20DAYS HAVE ELAPSED AFTER THE DECISION WAS HIED W TTTE OMEOE TH E TOWN CLERK M'D THAW NO A. SEC IDI1 PERSUANTTG "S47 NOA SEA"A 1 TO'R'N C R mo AA.d .ew J. LeddY, Jr. Dorothy . Vollans �� p.. H t- l� b T F� Jo s I co co C12 F Z � Q 61 W V � C 6 _ \ !• !i ;! d � y . [ �, /��= ©vp zd^ . � p � - � § \ q Ohl `\....... of 4. - \ \\ �,e 1 de L Property Infardeadon Property 10 9812 L..aU.0 109 BAYTER RD Owner DEANGELIS JOHN P E SUSAN «e \ «e , nr "�i�il R C O MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Town makes no tlalms aM nowsman @a. expreaed dr imoeed, --.in, the venmry or a.., Nthe GIS data pearead m Its rtmp. Pamale updated DeweaW 2012 � ° � � � ((§ � � w � \\� $� . « ; .! . � . o . �� � \ _ - \� � - �- � �' ` .' \ � � � - �� � J 7 S ` _ � \ �\ \ \ � ,)�� {,. +j{ .� ,�\ � . .5 � ƒ. a � /� *�� ^������� «� �» \ �� »» . � � ,� . . e � . ƒ ^� . ' . . . � � � � � � � - � y; ! . . �� � � � � \ � � � � !| � - � � . /! � §§ � !!!! � . _ ! \!). - ! |,! !�!!i � e �� - !m �% . � ._� ,�� \Q, Subdivision of Lot 6 shown on plea 944&A 9440 B Filed with Curt. of Title No. 1249 Registry Dietrlct of Nantucket 0.unty ..i LAND IN NANWMT Nash 1946 Josiah S. Sarrett,Nagiaeex. `l Proprietors of the Common & Undivided Land of the Island of Nantucket, TTuat..—,- m •a a a 0 a N N V ATLANTIC STRUT C y� Y A lbT.fid s. 4 1S1. d5 n - David Grey i L.C.N.. 9545 Se➢avk cpp�tifi2ak fei la 2.aid.G....__.. of /dk may he inued as aMwn /rtrem [w o! nb'Nen ,TR ;, ON .C. dy the coor/ 9 L. C.CLan w m —A PRIL 2 4m f i t wit, c"e <n I zao PR. + >?9k.. g C y� Y A s. 4 1S1. d5 l - David Grey L.C.N.. 9545 Se➢avk cpp�tifi2ak fei la 2.aid.G....__.. of /dk may he inued as aMwn /rtrem [w o! nb'Nen ,TR ;, ON .C. dy the coor/ /J tAND T/ON OFFICE —A PRIL 2 4m f i PR. + >?9k.. k.e orRrnCn qnn f wxra<eye, ^� � _.,yxgrthctf9iehy c�®) A Prt.� fo19Y( ROUSrvED tva AEGL99$q{�Oi1 � SSS LLL Attest =�.4�m t R,. -- UA�isont BCOrtlM i n 7: f«2S d2w2� X , � \ fit ~` 771 r a TOWN OF NANTUCKE=T BOARD OF APPEALS 'n NANTUCKET, MASSACHUSETTS 65§4 N n Date: December 3r *+23' To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 080 -13 Owner /Applicant: John P. DeAngelis & Susan D. DeAngelis Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with 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 a complaint in Land 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. A-::&- - Eleanor W. Antonietti, Zoning Administrator cc: Town Clerk Planning Board Building Commissioner /Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY -LAW SECTION 139 -30 (SPECIAL PERMITS); SECTION 139 -32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508- 325 -7587. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MA 02554 Assessor's Map: 48 Parcel: 12 `Sconset Residential — 20 (SR -20) 109 Baxter Road Land Court Plan 9448 -B, Lots B 1 and B2 Certificate of Title No. 19675 At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS held at 1:00 p.m., Thursday, November 14, 2013, 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of JOHN P. DEANGELIS AND SUSAN D. DEANGELIS, 905 Prospect Heights, Santa Cruz, California 95060, File No. 080 -13: 1. Applicants are requesting a modification of the Variance in Decision No. 014 -13, and to the extent necessary, additional Variance relief pursuant to Nantucket Zoning Bylaw Section 139 -32 from the intensity regulations in Section 139 -16, in order to eliminate the front and side yard setback requirements. Applicant proposes to combine the existing lot with additional land licensed by the Town of Nantucket for use by the Applicant. The combined land will be used as a single lot for zoning purposes and the Licensed Area will establish an adjusted western boundary within the layout of Baxter Road. The existing structure will be relocated on a portion of the licensed area so as to maximize the distance between the structure and the eroding coastal bluff. The Locus is situated at 109 Baxter Road, Assessor's Map 48, Parcel 12, is shown on Land Court Plan 9448 -B as Lots B and B2, and evidence of owner's title is registered as Certificate of Title No. 19,675 in the Nantucket County Registry District of the Land Court. The site is zoned `Sconset Residential — 20 (SR -20). 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. The modified Locus consists of three (3) parcels of land: Lots B -1 and B -2 shown on Land Court Plan 9448 -B and further described in the Nantucket Tax Assessor's Map Book on Map 48 as Parcel 12, and an 802 square foot Licensed Area within the Baxter Road layout shown on plan entitled "Licensed Area Plot Plan" dated December 3, 2013, prepared by Joseph Marcklinger P.L.S. Due to the eroding coastal bank, the Applicants propose to relocate the existing structure on the Locus. In ZBA Decision 014 -13, the Board was reluctant to grant the requested relief for the two (2) foot northerly setback because of building code issues. Consequently, it was determined that a three (3) foot setback from the northerly property line would be acceptable. As to the front yard setback, the Licensed Area will have a zero (0) front yard setback. There will be six to eight feet of vegetation screening the area between the structure and the paved surface of Baxter Road. 4. Therefore, the Board specifically finds that due to the topography of the lot and the proximity of said eroding coastal bank, and especially effecting 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 Bylaw would involve substantial hardship, financial and otherwise, to the Applicants and that relief would be in harmony with the general purpose of the Zoning Bylaw and may be granted without substantially derogating from the intent of the Bylaw and, as such, there are sufficient grounds upon which to base a grant of variance. In addition, the Board recognizes that the collaboration between the Applicant and the Town of Nantucket has led to a creative solution to the otherwise intractable problem of severe coastal erosion. The addition of the Licensed Area and the elimination of a front yard setback will enable the Applicant to relocate his dwelling and maximize the distance between the endangered structure and the eroding coastal bluff. The relief granted and described in this paragraph will allow the location of the structure to be over the lot line and to straddle the lot and the license area. For the purposes of zoning and the relief granted in this decision, the Licensed Area shall be considered part of the lot. 5. Accordingly, by a UNANIMOUS VOTE, the Board grants the Modification of the previously issued VARIANCE as well as additional relief under Nantucket Zoning Bylaw Section 139 -32 from the intensity regulations in Nantucket Zoning Bylaw Section 139 -16 to allow the Applicants to relocate the existing structure on the Locus such that it is approximately three (3) feet from the northerly property line abutting the unnamed way and zero (0) feet from the adjusted westerly boundary line (as described in Paragraph 5 above) and including the Licensed Area within the layout of Baxter Road upon the following conditions: (a) The modified relocation shall be done in substantial compliance with the plan entitled "Licensed Area Plot Plan" dated December 3, 2013, prepared by Joseph Marcklinger P.L.S, attached hereto as "Exhibit A"; (b) No construction will take place between Memorial Day and Labor Day of any year; (c) That safety fencing that secures the area shall be installed around the perimeter of the site during the structure move and until the structure is secured on the new foundation. SIGNATURE PAGE TO FOLLOW Assessor's Map: 48 109 Baxter Road Parcel: 12 Land Court Plan 9448 -B, Lots BI and B2 `Sconset Residemial — 20 (SR -20) Certificate of Title No. 19,675 DATED: December r 2013 Nantucket, Massachusetts Award Susan cCl L'Intw6celli Kerim Ko eoffrey Thayer COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. December 2, , 2013 On this Z° eL day of December 2013, before me, the undersigned Notary Public, personally appeared Ed WAVOL 700(6 , who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public: My commission expires: LYNELL D.. VOLLANS ,�^sS'yJJ�, Notary Public 1 {( 1R HCommanwealth of Masshrhuser s 'N�flif /Jf My Commission Expires December 28, 2018 EXNI9 T A gg n.ri og�ga w?�gg§ w Ong � c C6 Cool \ e e -a »s x \ \ M1> o n9ioo \ \ \ \ ZO