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Home My WebLink About059-13 81 Baxter RoadPrint Form APPLICATION Fee: $300.00 File No.-GY— I L Owner's name(s): William D. Cohan and Deborah Futter Cohan Mailing address: 4 North Water Street, Nantucket, MA 02554 Phone Number: 508- 229 -0444 E- Mad:uatriciarahalstedlaw.com Applicant's name(s): same as above Mailing Address: Same as above Phone Number: same as above E -Mail: same as above Locus Address: 81 Baxter Road Assessor's Map /Pucel:49 /33 Land Court Plan /Plan Book & Page /Plan File No.: Lot 8, L.C. Plan No. 9710 -E Deed Reference /Certificate of Title: 23, 599 Zoning Distdct SR -20 Uses on Lot- Commercial: None x Yes (describe) Residential Number of dwellings 1 Duplex o Apartments o Date of Structure(s): all pre -date 7/72 or 1994 Building Pemnit Numbers: 10092- 93,10093 -94 and 52 -01 Previous Zoning Board Application Nurnbers: 03 0- 93 and 051 -00 2 Fairgrounds Road Nantucket Massacbusetts 02554 508 -228 -7215 telephone 508 -228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: See attached Addendum 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: 14� Applicant /Attorney /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 C1erk:,J_ plar+ :; g Board:_/J_ Building Dept.: —/_ /_ 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: / / Witbdrawn: /_ /_ Decision Due By:_ /_ /_ Made:—/—/— Filed w /Town Clerk: /_ /_Mailed:_ /_ /_ 2 Fairgcouvds Road Naumcket Massachusetts 02554 508- 228 4215 telephone 508 -228 -7298 facsimile Addendum Applicants are requesting relief pursuant to Nantucket Zoning Bylaw Section 139- 32(Variances) from the provisions of Nantucket Zoning Bylaw Section 139 -16A (Intensity Regulations- setbacks) . The Applicants propose to move the existing house away from the eroding coastal bank and relocate the dwelling three. (3) inches from the front property boundary in a zoning district that requires a front yard setback of thirty (30) feet. The single - family dwelling is presently sited twenty(20) feet at its closest point from the front yard lot line, pursuant to a Special Permit granted in Zoning Board of Appeals File No. 030- 93, as .affected by Modification of Special Permit granted in Zoning Board of Appeals File No. 061 -00. The Locus is situated at 81 Baxter Road, is shown as Nantucket Tax Assessor's Map 99, Parcel 33, is shown as Lot 8 on Land Court Plan No. 9710 -E and title is registered as Certificate of Title No. 23,689, in the Nantucket County District of the Land Court. The site is zoned SR -20. w [} / n \ \ \� ... �.� \ - � / . ROAD / *-rE x ® ®® ! . > k § W: § a: §§ \ 923: ~ N \ A)! /!ag n ` !! / |\ \. ,b ;a/ „ � r \ ~� f = e \ �) \ \\ § � All §/ \1 x @ §P : §{ 7 ` - ROAD g x T * AVENUE) A ( A. � t � . %% 2 /,, b ( /§ kr; ° ~»d � 2 §$ MOO IM N00 q, • '` RECEIVED TOWN OF NANTUCKET Zp13 OCT C PSI 2 59 BOARD OF APPEALS NTUC' 7 TFM l CLERK 9 NANTUCKET, MASSACHUSETTS 0254 Date: September 12, 2013 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 059 -13 Owner /Applicant: William D. Cohen and Deborah Futter Cohen 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 (�D) days 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. NANTUCKET BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 48, Parcel 33 81 Baxter Road `Sconset Residential - 20 DECISION: Certificate of Title No. 23,689 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 William D. Cohen and Deborah Futter Cohen, c/o Patricia A. Halsted, Attorney, Four North Water Street, Nantucket, Massachusetts 02554, Board of Appeals File No. 059 -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 within three (3) inches from the westerly front yard lot line in a zoning district that requires a thirty (30) foot front yard setback. Applicants would also build a cedar bulkhead within the front yard setback, and would expand the deck area on the northerly side of the lot. The expansion on the northerly side of the lot would be outside the sideyard setback. The Locus is situated at 81 Baxter Road, is shown on Nantucket Tax Assessor's Map 49 as Parcel 33, and evidence of owner's title is registered as Certificate of Title No. 23,689 at the Nantucket Registry District. 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 Patricia A. Halsted represented the applicants. Attorney Halsted explained to the Board that the existing structure is nonconforming with respect to front yard setback, being sited approximately twenty (20) 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 15,066 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. The lot has the benefit of Special Permit No. 030 -93 and Modification of Special Permit No. 061 -00. However, due to the eroding coastline, the single - family dwelling is now only twenty (20) feet from the top of the coastal bank at its closest point. Therefore, the applicants propose to shift the single - family dwelling approximately fifty (50) 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 three (3) inches from the front 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 three (3) inches from the front 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 three (3) inches from the front yard lot line and expand the deck on the northerly side of the dwelling as shown on the plan entitled, "Cohan Futter Residence," dated August 30, 2013, prepared by Butterick Wong, 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, The applicants shall properly shore Baxter Road during the relocation of the single - family dwelling so as to adequately protect Baxter Road. Dated: LL�' p i Lis otticelli Michael O'Mara a (:seatac / McCa by L ichael Angel;Cstro COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On this day of Oda,,A_ 2013, before the undersigned notary public, personally appeared ti (a) )( personally known to me, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he /she signed it volun ari for its stated purpose. r� O ici 5' natur an Seal of Notary Public Myco s on exp res KAREN L. E. BRADFORD e Notary Public COMMOi4.M M Of MASSACMIIS My GMNIk5M EY{II,. V 2014 �X�f(6l1 e i � ii r ii Eli Owl g i� M al .s �X�f(6l1 e i � ii r ii Eli Owl g i�