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Home My WebLink About030-14 109 Baxter RoadFee: $450.00 (� TOWN OF NANTUCKET COPY BOARD OF APPEALS i s NANTUCKET, MA 02554 m m OD M y m APPLICATION 3 < z m n File No." Owner's nanle(s): John P. De Angelis and Susan D. De Angelis Mailing address: 905 Prospect Heights, Santa Cruz, CA 95065 Phone Nurnbet. (831) 425 -5437 E -Mail: Applicant's name(s): John P. De Angelis and Susan D. De Angelis Mailing Address: 905 Prospect Height., Santa Cruz, CA 95065 nL..__ wt..._t.__ (831) 425 -5437 nes_a. Locus Address: log 2.ter Roed Assessor's Map /Parcel: 48 -12 Land Court Plan /Plan Book & Page /Plan File No.: Dots B -1 and a -2 on D.C. Plan 9448 -8 Deed Reference /Certificate of Title: COT 19.675 Zoning Distdct 6R -20 Uses on Lot- Commercial: None =Yes (describe) Residential: Nurnber of dwellings 1 Duplex 0 Apartments 0 Date of Structure(s): all pre -date 7/72 a or Building Permit Numbers: Previous Zoning Board Application Numbers: 080 -13; 070 -95; and 042 -88 2 Faitgr. u n ds Road Nantucket Massachusetts 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: Please 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: Applicant /At[omey /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 Clerk: /_/_ Planning Board:_ /J_ Building Dept.:—/—/_ By:_ Fee deposited with Town Treasurer:,,_ By:_ Waiver requested:_ Granted:_/ _/_ Hearing notice posted with Town Clerk:,,_ Mailed:—/—/— I&M_ /_/_ &__/_J_ Hearing(s) held on:__/_/_ Opened on:—/—J- Continued to:—/—J— Withdrawn:_/_/_ Decision Due By:_/_/_ Made:_/_/_ Filed w /Town Clerk:_/_/_ Mailed:_/_/_ 2 Fairgrounds Road Nantucket Maas achuaetts 02554 508 - 228 -7215 telephone 508- 228 -7298 facsimile ADDENDUM TO APPLICATION FOR JOHN P. DE ANGELIS AND SUSAN D. DE ANGELIS -100 BAXTER ROAD APPLICANT IS SEEKING A MODIFICATION OF ZBA DECISION DATED DECEMBER 2, 2013 (File Number 080 -13). At the November 14, 2013 Zoning Board of Appeals meeting, the Board granted VARIANCE relief to the Applicant allowing the Applicant to relocate the existing structure on the Locus so that it is approximately three feet from the northerly property line abutting the unnamed way, zero feet from the adjusted westerly boundary line and partially on the Licensed Area within the layout of Baxter Road. One of the conditions imposed was that NO CONSTRUCTION WILL TAKE PLACE BETWEEN MEMORIAL DAY AND LABOR DAY OF ANY YEAR. APPLICANT was not able to receive a building period for a considerable period of time after the relief was granted because the Selectmen had to execute a Licensing Agreement with the Applicant and that process took longer than anticipated. When the permit was finally issued, the weather was such that the work could not begin in a timely manner. At this point, the footings have been poured and our timetable at this juncture is as follow: The foundation should be completed by April 25th. The move from the old foundation to the new should be completed by May 151h. The pouring of the interior slab floor should be completed by May 25'h, The grading and backfilling should be completed by June 13th. Closing in the lower level, installing the windows /doors, stairways and the exterior shingling should be completed by July 151h. It should be noted that this property has off - street parking for three vehicles in the old driveway, and an additional three parking spaces on the off - roadway parking strip thus not impeding summer traffic. This property continues to be in imminent danger. During the last storm, the property lost an additional foot and is now approximately five feet from the edge of the bluff. Thus, we are requesting a Modification of the Memorial Day restriction for outside construction to July 15 ". I '1� a e a Now + + F3 . ' I I '1� a e a Now v + + F3 . v ffi 04 ccg$ h. V J dt334§ y, 1 Y + ode Town of Nantucket Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER. P. De Angelis ana Susan D. De Mgelie ........................ ............................... MAILINGADDRESS ... 05 Prospect Heights, Banta Cruz, CA 95065 .................. I.................... PROPERTY LOCATION .109 . ... B.ter Hoad,. Biascot, M 02564 ................................. ............................... ASSESSOR MAP/ P. hRCEL ..s8 -12 .............................. ............................... SUBMITTED BY ... Rhoda H. Neinmsn, Attorney (ph# 508.228.9600) ......................................... ............................... 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). )6/ DATE ASSESSOR'S OFFI' E TOWN OF NANTUCKET (f \( )� ) ( | |). .,..,..I.I.r9,,, |....... )..... )�)E A13AV- 0D-a08 -1 n d.dad P.W I A"w —" -W r ®9945 at zosllpn woa-diane•mlmm ; ap uge amyaey eleza8dey p ; ®AM3Avvmge6 salad azalne; sauanbl43 940 EAST DEERPATH RD 9193RD AVENUE LAKE FOREST, a, 60045 V8 48 49 NANTUCKET TOWN OF HINCHEY RICK TRUSTEE C/O JUDY JOHN A 16 BROAD ST P O BOX 32676 NANTUCKET, MA 02554 NANTUCKET, MA 02554 KNOXVILLE, IN 37930 -2676 48 48 COHEN STEPHEN B FURROW ANN 4530 KLNNGLE STREET NW 5300 TURTLE POINT LANE WASHINGTON, DC 20016 KNOXVILLE, IN 37919 48 48 CLAUDY DONALD E TRST RYAN PATRICK T TRST 4661 HAWTHORNE LN NW RYAN NANTUCKET REALTY TR WASHINGTON, DC 20016 686 HALE STREET BEVERLY, MA 01915 - 48 48 LATSHAW KYLE L & YODER LORETTA A GIFFORD WHITNEY A TRST PO BOX 3186 C/O JUDY JOHN A NANTUCKET, MA 02584 119 EVERGREEN AVE ELMHURST, IL 60126 48 48 GIFFORD WHITNEY A TRST MATTESON WILLIAM B & MARILEE B C/O GRETZ HANNAH J C/O DEVEVORSE 940 EAST DEERPATH RD 9193RD AVENUE LAKE FOREST, a, 60045 NEW YORK, NY 10022 48 49 GIFFORD WHITNEY A TRST NANTUCKET TOWN OF C/O JUDY JOHN A 16 BROAD ST 119 EVERGREEN AVENUE NANTUCKET, MA 02554 ELMHURST, IL 60126 48 MATTESON WILLIAM B & MARILEE B C/O DEBEVORSE 919 3RD AVE NEW YORK, NY 10022 48 GIFFORD WHITNEY A C/O GRETZ HANNAH J 940 EAST DEERPATH RD LAKE FOREST, IL 60045 48 SANKATY HEAD GOLF CLUB INC PO BOX 293 SLASCONSET, MA 02564 48 COHEN STEPHEN B 4530 KINGLE ST NW WASHINGTON, DC 20016 ®09L5 �I f/ ni66p3do- dodwodxo ®ladedp6ad f ®09159iejdwaL *Ajanvasn i of cull 6uoie puce INEENER ; i S14QL9 ®180d 6593 48 dodod pin" Of aa@M+ � 414ege8 al eas-lan AV3AV109,008-1 wonGanenunnn aapao"'-p �09LS "AAJAv ; ap uye wngveg el a.!Idau i sled a salpey saUanbg3 C/O GRETZ HANNAH I - 48 48 NANTUCKET TOWN OF HINCHEY RICK TRUSTEE 16 BROAD ST P O BOX 32676 NANTUCKET, MA 02554 KNOXVILLE, IN 37930 -2676 48 48 COHEN STEPHEN B FURROW ANN 4530 KLINGLE STREET NW 5300 TURTLE POINT LANE WASHINGTON, DC 20016 KNOXVILLE, TN 37919 ,. 48 48 CLAUDY DONALD E TRST RYAN PATRICK T TRST 4661 HAWTHORNE LN NW RYAN NANTUCKET REALTY TR WASHINGTON, DC 20016 686 HALE STREET BEVERLY, MA 01915 - 48 48 LATSHAW KYLE L & YODER LORETTA A GIFFORD WHITNEY A TRST PO BOX 3186 C/O JUDY JOHN A NANTUCKET, MA 02584 119 EVERGREEN AVE ELMHURST, IL 60126 48 48 GIFFORD WHITNEY A TRST MATTESON WILLIAM B & MARILEE B C/O GRETZ HANNAH I C/O DEVEVORSE 940 EAST DEERPATH RD 919 3RD AVENUE LAKE FOREST, IL 60045 NEW YORK, NY 10022 48 49 GIFFORD WHITNEY A TRST NANTUCKET TOWN OF CIO JUDY JOHN A 16 BROAD ST 119 EVERGREEN AVENUE NANTUCKET, MA 02554 ELMFIURST. IL 60126 48 MATTESON WILLIAM B & MARILEE B C/O DEBEVORSE 919 3RD AVE NEW YORK, NY 10022 48 GIFFORD WHITNEY C/O GRETZ HANNAH I 940 EAST DEERPATH RD LAKE FOREST, IL 60045 48 SANKATY HEAD GOLF CLUB INC PO BOX 293 SIASCONSET, MA 02564 48 COHEN STEPHEN B 4530 KINGLE ST NW WASHINGTON, DC 20016 T � T —o6p3 do -dpa aspd. — ndad p ej T ®p919 ajeldtuQj *kaAv asn 1 �a09L5 ®ANAAV nv 1 01 aun 6m, puag slagel a,load Ase3 TOWN OF NANTUCKET RECEIVED BOARD OF APPEALS t5?y +' 20 FM 3 20 NANTUCKET, MASSACHUSETTS 02554,7-T TOWN CLERR Date: Mav 20. 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 030 -14 Current Owner /Applicant: JOHN P. DEANGELIS and 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. 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 12 109 Baxter Road `Sconset Residential — 20 (SR -20) DECISION: Certificate of Title No. 19675 Land Court Plan 9448 -B, Lots BI and B2 1. At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS held at 1:00 p.m., Thursday, May 8, 2014, 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. 30 -14. 2. Applicant is requesting a Modification of a Condition found in Paragraph 5(b) contained in two prior Decisions which stated, "No construction will take place between Memorial Day and Labor Day of any year ". The Applicant is requesting an extension of the construction prohibition from Memorial Day to July 15, 2014, to complete the relocation of the dwelling which is in imminent danger due to an eroding coastal bank. The Locus is situated at 109 Baxter Road, is shown as Nantucket Assessor's Map 48, Parcel 12, and as Lots B and B2 on Land Court Plan 9448 -B. Evidence of owner's title is registered as Certificate of Title No. 19675 at the Nantucket County Registry District of the Land Court. The site is zoned `Sconset Residential — 20 (SR -20). 3. The Decision is based upon the Application and accompanying materials, representations, and testimony received at the public hearing. The Planning Board made no recommendation as the matter was not of planning concern. There were five letters submitted relative to this Application. Four of the five letters were in support of the Application, and the fifth letter suggested a compromise moving date of June 13, 2014. No opposition was head at the hearing. 4. Attorney Rhoda Weinman represented the Applicant at the hearing. Attorney Weinman explained to the Board that the Applicant is seeking a modification of the construction prohibition condition which stipulated that "No construction will take place between Memorial Day and Labor Day of any year ". At the Zoning Board of Appeals hearing on November 14, 2013, the Board granted a Modification (Decision File No. 080 -13, recorded with the Nantucket Registry of Deeds as Document 143337), of the previously issued Variance (Decision File No. 14 -13), as well as additional relief pursuant to Nantucket Zoning Bylaw Section 139 -32 from the intensity regulations in Section 139 -16 to allow the Applicant to relocate the existing structure on the Locus to a site approximately three (3) feet from the northerly property line abutting the unnamed way and zero (0) feet from the adjusted westerly boundary line and including a Licensed Area within the county layout of Baxter Road. The scheduled relocation of the existing structure to its new location has been impeded as a result of successive delays in obtaining the Licensing Agreement and getting it executed by the County Commissioners, which caused a further delay in receiving the building permit. hi addition, progress has been hampered by extreme weather conditions this winter. Due to these setbacks, the moving company "bumped" the Applicant's place in the schedule and is now proposing a moving date of June 15th. Applicant's attorney stated that there were inquiries made to three (3) other moving companies to see if the work could be done prior to Memorial Day, but none could accommodate that time&ame or even do the work prior to June 15, 2014. Moreover, the property suffered an additional foot of erosion during the last severe storm, further endangering the dwelling which is now less than five (5) feet from the edge of the bluff. 5. Therefore, after discussion with Applicant's representative, the Board made the finding 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 construction moratorium would involve substantial hardship to the Applicant, and that some relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Bylaw, and as such, there are sufficient grounds upon which to modify the condition in Paragraph 5(b) which restricted relief granted in two prior Decisions. 6. Accordingly, by a UNANIMOUS VOTE of the sitting Board, the Board granted the requested MODIFICATION of the condition in Paragraph 5(b) of the existing Variance, as previously modified, pursuant to Nantucket Zoning Bylaw 139 -32.13, with the following conditions: a. No exterior construction will take place between Sunday, June 22, 2014, and Labor Day (Monday, September 1, 2014); b. Except as modified herein, the prior Decisions granted by this board in File No. 14 -13 and 080 -13, remain in full force and effect. SIGNATURE PAGE TO FOLLOW Assessor's Map 48, Parcel 12 109 Baxter Road `Sconset Residential — 20 (SR -20) Dated: Certificate of Title No. 19675 Land Court Plan 9448 -B, Lots Bl and B2 Michael Angeldstro COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the 10*� day of Ad& 2014, before me, the undersigned notary public, personally appeared SV c 0.A Ni o C A K4-k q , one of the above -named members of the Zoning Board of Appeals of Nantucket, Mass chusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he signed the foregoing instrument voluntarily for the purposes therein expressed. (�zy ,u� Notary /Public: My Commission bpires: LYNELL D. VOLLANS �7tty1t[, Notary Public �W (pmmenNotar ci Massachusetts My Commission Expires December 28, 2018