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HomeMy WebLinkAbout056-13 113 Baxter RoadRECEIVED 2913 SEP 9 M 9 58 TOWN OF NANTUCRETCKET TOWN CLERK BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION 0S11,15 Fee: $300.00 File No.A� ' � Owner's natne(s): Kyle L. Latshaw and Loretta A. Yoder Mailing address: PO Box 670, Saugatuck, MI 49453 Phone Number. 508 -228 -0771 E -Mail: Jessie @glidde dglidden.com Applicant's narne(s): same Mailing Address: c/o Glidden & Glidden, P.C. 37 Centre Street Nantucket, MA 02554 Phone Number: 508- 228 -0771 E -Mail: Jessie @gliddenandglidden.com Locus Address: 113 Baxter Road Assessor's Map /Parcel: 48/11 __d r__-. plan /nt__ p__t_ n_ n___/nt_., na.aie. Deed Reference /Ge e f T44- Book 925, Page 147 Zoning District SR -20 Uses on Lot- Commercial: NO Yes (describe) Residential: Number of dwellings: 1 Duplex —Apartments Date of Structure(s): Building Permit Numbers: Previous Zoning Board Application Numbers: State below or attach a separate addendum of specific special permits or variance relief applying fox: I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Owner* SIGNATURE: >4:;/Atto-.y/Agea+* *If an Attorney or other 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 C1erk:JJ_ planning Board:—LL Building Dept:—L/_ By:_ Fee deposited with Town Treasurer:—/—/_ By:_ Waiver requested:_ Granted:_ /_/_ Hearing notice posted with Town Clerk: —/—/— Mailed: /_ I&.M —/_/_ &_ /_ /_ Hearing(s) held on:—/—/— Opened on :_ / —/_ Continued to:_/ _J_ Withdrawn:_/_ /_ Decision Due BY:—/—/— Made:_ /_ /_ Filed w /Town Clerk-_/—/— Mailed:_/_ /_ Addendum The Applicants are requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139 -32 from the intensity regulations in Section 139 -16 in order to site the existing single- family dwelling approximately one (1) foot from the westerly front yard lot line and 6.4 feet from the northerly side yard lot line in a zoning district that requires a thirty (30) foot front yard setback and ten (10) foot side yard setback. The existing structure is nonconforming with respect to front yard setback, having a second story deck sited approximately twelve (12) feet from the front yard setback and the lot is nonconforming to the minimum lot size of the `Sconset Residential — 20 zoning district having approximately 12,940 square feet in a district that requires a minimum lot size of 20,000 square feet. The lot and structures thereon otherwise conform to the intensity regulations of the Zoning Bylaw. Due to the eroding coastline, the single - family dwelling is now only five (5) feet from the top of the coastal bank at its closest point. Therefore, the Applicants propose to shift the single- family dwelling approximately twenty -five (25) feet from the top of the coastal bank in order to protect the structure from the rapidly eroding coastal bank. In doing so, the single - family dwelling will be sited approximately one (1) foot from the front yard lot line and 6.4 feet from the side yard lot line. Due to the eroding coastline and danger of imminent collapse, a literal enforcement of the provisions of Section 139 -16 would involve substantial hardship to the Applicants and siting the single - family dwelling approximately one (1) foot from the front yard lot line and 6.4 feet from the side yard lot line may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. The Applicants are aware of the building code requirements for siting a structure within three (3) feet of a lot line and fully intend to comply with these requirements should the application be approved. of Nantucket 1 �.. 188 t 48 Zr ;'1 " ✓= H m Property Information PmpertylD all Locaflen 1131A R RD Owner I nMW KYLE L 8 YODER LO yW a4� MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Toe, makes no donne end no watrentlea, eNressed or Implied, oonwrnin0 the v.Mty ar aacureo/of the GIS data presented on this map. 'ooe. updated Demmber, 2012 als IN 417 NI l NlJ —1 P\ ur \\ 43 am' 121 Is 8B 09 4810 Y 48M 48,11 � na 1 012 8 1 \ \1\ 1 @A IN I IN 4016.1 � 1 �.. 188 t 48 Zr ;'1 " ✓= H m Property Information PmpertylD all Locaflen 1131A R RD Owner I nMW KYLE L 8 YODER LO yW a4� MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Toe, makes no donne end no watrentlea, eNressed or Implied, oonwrnin0 the v.Mty ar aacureo/of the GIS data presented on this map. 'ooe. updated Demmber, 2012 als IN 417 NI l NlJ —1 !. §kiq ,w (#Q % \ §• \, § \ �R! � ., ; ;il•!| dl1 ! gel $!) | > \| & Pr , 2 , }z �� !( \\ \| C SITE ». \ / \ /|m � 1�,p0 Town of Nantucket Zoning Board of Anneals RECEIVED BOARD OF ASSESSORS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: I,���I PROPERTY OWNER ..........v.`N.QkII,,..!Q..:. b4YJ4KJ.... 1C... YV. �`,!,:Ir...; MAILING ADDRESS............ II.!!.. UIIb}r7...� �.FfL..Y. �Q.�II I!..!...;.!1............ PROPERTY LOCATION ................ k3....u..,.q,..7b. JIB...!L^! ......................... ASSESSOR MAT/PARCEL ..........I...I.1r...!`!'.IIp�I Ii.. 1... .....P./ ....................... SUBMITTED BY ....................V t i Jt N... 8.. R.l! U ��C�E.....4.................... 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 I1 and Zoning Code Chapter 40A, Section 139 -29B (2). E ASSESSOR'S OFFICE TOWN OF NANTUCKET AUG 13 2013 TOWN OF NANTUCKET. MA .( f .................. .I..,,8s6,,91,..9A9 Hill" ) �\ / • /, ) § | |)] |))2 |] | |) ! u |! ! � :.... �., 48 48 SCONSET TRUST INC MACKAY RICHARD S & LINDA M TRS PO BOX 821 PO BOX 567 SIASCONSET, MA 02564 HANOVER, NH 03755 48 48 NANTUCKET TOWN OF COHEN STEPHEN 16 BROAD ST 4530 KINGLE ST NW NANTUCKET, MA 02554 - WASHINGTON, DC 20016 48 48 SCONSET TRUST INC HINCHEY RICK TRUSTEE PO BOX 821 P O BOX 32676 SIASCONSET, MA 02564 KNOXVILLE, TN 37930 -2676 48 48 NANTUCKET TOWN OF FURROW ANN 16 BROAD ST 5300 TURTLE POINT LANE NANTUCKET, MA 02554 KNOXVILLE, TN 37919 48 48 COHEN STEPHEN B RYAN PATRICK T TRST 4530 KLINGLE STREET NW RYAN NANTUCKET REALTY TR WASHINGTON, DC 20016 686 HALE STREET BEVERLY, MA 01915 48 48 CLAUDY DONALD E TRST GIFFORD WHITNEY A TRST 4661 HAWTHORNE LN NW C/O JUDY JOHN A WASHINGTON, DC 20016 119 EVERGREEN AVE ELMHURST, IL 60126 48 49 DEANGELIS JOHN P & SUSAN D NANTUCKET TOWN OF 905 PROSPECT HEIGHTS 16 BROAD ST SANTA CRUZ, CA 95065 NANTUCKET, MA 02554 48 GIFFORD WHITNEY A TRST C/O GRETZ HANNAH J LAKE FOREST, IL 60045 48 GIFFORD WHITNEY A TRST C/O JUDY JOHN A 119 EVERGREEN AVENUE ELMHURST, IL 60126 48 SANKATY HEAD GOLF CLUB INC PO BOX 293 SIASCONSET, MA 02564 UC�.l ~ RECEIVED BOARD TOWN OF NANTUCKET BOARD OF APPEALS,,j13 sP 23 Fn 1 98 NANTUCKET, MASSACHUSETTS, 9225$AT TOWN CLERK Date: September 19 2013 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: Ooe -i� Owner /Applicant: Kyle Latshaw and Loretta Yoder 113 Baxter Road 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 (���}a`l�• 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. NANTUCKET BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 48, Parcel 11 Book 925, Page 147 113 Baxter Road `Sconset Residential - 20 DECISION: 1. The Nantucket Zoning Board of Appeals held a public hearing on September 12, 2013 in the Community Meeting Room at the Public Safety Facility at 2 Fairgrounds Road, Nantucket, Massachusetts, regarding the application of RYle L. Latshaw and Loretta A. Yoder, c/o Glidden & Glidden, P.C., 37 Centre Street, Nantucket, MA 02554, Board of Appeals File No. 056 -13. The Board made the following Decision: 2. The applicants are requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139 -32 from the intensity regulations in Section 139 -16 in order to site the existing single - family dwelling approximately one (1) foot from the westerly front yard lot line and 8.4 feet from the northerly side yard lot line in a zoning district that requires a thirty (30) foot front yard setback and ten (10) foot side yard setback. The Locus is situated at 113 Baxter Road, is shown on Nantucket Tax Assessor's Map 48 as Parcel 11, and evidence of owner's title is recorded in Book 925, Page 147 at the Nantucket Registry of Deeds. The property is zoned `Sconset Residential - 20. 3. Our Decision is based upon the application and accompanying materials and representations and testimony received at the public hearing. The Planning Board did not provide a recommendation. Other than the presentation by the applicants' counsel at the hearing, there was no testimony either in favor of, or in opposition to, the application. 4. Attorney Jessie M. Glidden represented the applicants. Attorney Glidden explained to the Board that the existing structure is nonconforming with respect to front yard setback, having a second -story deck sited approximately twelve (12) feet from the front yard setback and the lot is nonconforming to the minimum lot size of the `Sconset Residential - 20 zoning district, having approximately 12,940 square feet in a district that requires a minimum lot size of 20,000 square feet. The lot and structures thereon otherwise conform to the intensity regulations of the Zoning Bylaw. However, due to the eroding coastline, the single- family dwelling is now only five (5) feet from the top of the coastal bank at its closest point. Therefore, the applicants propose to shift the single - family dwelling approximately twenty -five (25) feet from the top of the coastal bank in order to protect the structure from the rapidly eroding coastal bank. In doing so, the single - family dwelling will be sited approximately one (1) foot from the front yard lot line and 8.4 feet from the side yard lot line. 5. Therefore, due to the eroding coastline and danger of imminent collapse, a literal enforcement of the provisions of Section 139 -16 would involve substantial hardship to the Applicants and siting the single - family dwelling approximately one (1) foot from the front yard lot line and 8.4 feet from the side yard lot line may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw and Variance relief pursuant to Nantucket Zoning Bylaw Section 139 -32 may be granted. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board GRANTS Variance relief pursuant to Nantucket. Zoning Bylaw Section 139 -32 from the intensity regulations in Section 139 -16 in order to allow the applicants to relocate the existing single - family dwelling approximately one (1) foot from the front yard lot line and 8.4 feet from the northerly side yard lot line as shown on the plan entitled, "ZBA Site Plan," dated August 6, 2013, prepared by Site Design Engineering, LLC, attached hereto as "Exhibit A," with the following conditions: a. There shall be no exterior construction between Memorial Day and Labor Day of any year for the work proposed in this application; and, b. The applicants shall properly shore Baxter Road and the abutting properties during the relocation of the single - family dwelling so as to adequately protect both Baxter Road and the abutting properties. Assessor's Map 48, Parcel 11 Book 925, Page 147 113 Baxter Road `Sconset Residential - 20 Wt -�a /l�i� L = Susan M Car h ichael Angelastro COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On this � day of'Of4—"AA-% 2013, before may, the undersigned notary public, personally appeared (Ijy /L+� 1► (a) fY„-_ personally known to me, or (b) _ proved to me through satisfactory evidence of identification, which was (type of identification) to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he /she signed it voluntarily for its stated purpose. ry Public 72 X161ƒ A (|. j§ §� ! | EAR pq© �l :.. !: | /\G\ ¥� |� ]pG4 b$$! ! nN s•. §; 4- NVId 311S } R � .� @ �\§ , - t ! , .�