HomeMy WebLinkAbout033-13 75 Baxter RoadZ
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TOWN OF NANTUCKET o
BOARD OF APPEALS � 3 0
NANTUCKET, MASSACHUSETT!�09"54
Date: August 2, 2013
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
Owner /Applicant: Sankaty Bluff Group LLC
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) 7 d a.
s.
Edevar 'S! $�ole, Chaarman
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: 49 75 Baxter Road
Parcel: 30 Plan Book 2, Page 81
`Sconset Residential — 20 (SR -20) Deed: Book 1152, Page 78
At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS held at 1:00
p.m., Thursday, July 11, 2013, 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made
the following decision on the application of SANKATY BLUFF GROUP, LLC, c/o PO Box
659,2 Whaler's Lane, Nantucket, MA 02554, File No. 033 -13:
1. Applicant is requesting a Special Permit and a Variance pursuant to Nantucket
Zoning Bylaw Sections 139 -33 and 139 -32 from the intensity regulations in Section 139 -16, in
order to relocate the pre - existing non - conforming house such that it is approximately 15 +/- feet
from the front yard lot line in a zoning district that requires a 30 foot front yard set -back.
Premises consist of a pre - existing non - conforming lot of record having an area of 11,126 +/-
square feet in a zoning district with a minimum area requirement of 20,000 square feet. The
Premises is pre - existing non-conforming with respect to road frontage having frontage in the
amount of 73.4 feet in a zoning district with a minimum frontage requirement of 75 feet; with
respect to ground cover ratio having 1630 +/- square feet where 12.5% is allowable (1500 for
lots of record); and with respect to front and side yard setbacks with the garage sited within the
front yard setback to the northwest and the dwelling being sited 8 +/- feet from the southerly
side yard lot line in a zoning district that requires a side yard set -back of 10 feet. The Locus is
situated at 75 Baxter Road, Assessor's Map 49, Parcel 30, is shown as Lot 33 upon Plan No. 2
by H.M. Waitt, dated August 15, 1893, recorded with the Nantucket Registry of Deeds in Plan
Book 2, Page 81.
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 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 is shown as Lot 33 on Plan No. 2 by H.M. Waitt, dated August 15, 1893,
recorded with the Nantucket Registry of Deeds in Book 2, Page 81 and further described in the
Nantucket Tax Assessor's Map Book on Map 49 as Parcel 30. Due to the eroding coastal bank,
the Applicant proposes to relocate the existing structure on the Locus such that it is
approximately 15 +1- feet from the front yard lot line in a zoning district that requires a 30 foot
front yard set -back. The structure will continue to be located 8 +/- feet from the southerly side
yard lot line, no closer than current side yard set -back violation.
4. Therefore, the Board specifically finds that the proposed work is not substantially more
detrimental to the neighborhood than the current non - conforming Premises; and, due to the
topography of the lot and the proximity of said eroding coastal bank, and especially affecting
this Property and not generally all properties in the zoning district in which the Locus is situated,
that a literal enforcement of the provisions of Section 139 -16 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 a Special Permit and a Variance.
8. Accordingly, by a UNANIMOUS VOTE, the Board grants the SPECIAL PERMIT and
VARIANCE under Nantucket Zoning Bylaw Sections 139 -33 and 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 15 +/- feet from the front yard lot
line and 8 +/- feet from the southerly side yard lot line upon the following conditions:
(a) The relocation shall be done in substantial compliance with the plan entitled
"Proposed Site Plan" dated April 23, 2013, prepared by Steve M. Roethke Design,
Inc., attached hereto as "Exhibit A'; and,
(b) No construction will take place between Memorial Day and Labor Day of any
year.
SIGNATURE PAGE TO FOLLOW
DATED: August t 2013
Nantucket, Massachusetts
Kerim Koseatac / I
Geoffrey Thayer
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. 1 August f. 2013
On }s, U day o August, 2013, before me, the undersigned Notary Public, personally
appeared 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: "LESUE SNELL My commission eLIC Aaas2rrs 28, 2018
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