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HomeMy WebLinkAbout018-86-'I'O WN'._OY ;NANTUCKET BOARD 'OF _APPEALS NANTUCKET, 'MASSACHUSETTS 02554 March � , 1986 Re: L. DENNIS SHAPIRO, AS TRUSTEE OF DIONIS REALTY TRUST, OWNER (018 -86) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. William R. Sherman, Chairman BOARD OF APPEALS z BOARD OF APPEALS r TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, FEBRUARY 287 1986 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of L. DENNIS SHAPIRO, AS TRUSTEE OF DIONIS REALTY TRUST, OWNER (018 -86) address 24 Essex Road, Chestnut Hill, MA 02167, the Board enters the following Decision and makes the following findings: 1. Applicant seeks a VARIANCE from the 35 -foot front -yard setback requirement of the intensity regulations, SECTION 139 -16A of the Zoning By -Law. The premises are located at 73 EEL POINT ROAD, DIONIS, Lots 5 (in part) and 6, Assessor's Parcel 32 -73, Plan Book 15, Page 10 in the zoning district LIMITED USE GERERAL -III. 2. Based upon the Application papers, viewing, maps, letters, testi- mony and representations received at our hearing, we find that Applicant has obtained a building permit for a principal, single- family residence to be sited just north of the 35 -foot front yard. That site is westward of a house under construction on the south side of Tristram'sAvenue, freeing its northerly view of Nantucket Sound. The parcel slopes slightly downward there toward the bluff such that a southerly shift of 15 feet would in- crease elevation several feet. Such a shift, speculatively, might forestall dangerous proximity to an eroded bluff by many years. 3. Applicant anticipates siting a secondary dwelling of lesser cost closer to the bluff in compliance with Section 139 -7A (3) and fully within 230 feet of the west lot line, again accommodating neighbors' views. 4. To meet the requisites of variance Section 139 -32, Applicant cites the historic and continuing risk of erosion in a siting of the prin- cipal dwelling outside the required front yard as constituting a financial hardship associated with the land and not personal to the current owner. Uniqueness is found in the topography proximate the eroding bluff with compliance in respect of front yard less significant because Tristram's Avenue is in the nature of an unimproved abutter's way defined by vehicle i (018 -86) -2- tracks, yet has, on paper, a width of 60 feet. Nearer the bluff, the soil has the characteristic of a sand dune. As the lot is legally buildable, variance relief is appropriate to ensure siting in harmony with the overall purpose and intent of the By -Law chapter. 5. Pending relief here, the Building Permit is in a period of ex- tension. Neighbor Peter White is said to endorse relief here and Mr. Savv�s across Tristram's Avenue has no objection. The Planning Board's recommenda- tion was favorable, while three abutters wrote in opposition. The objections of one concerned increased height, a few feet, with the more southerly siting and of another by the westerly shift to be some 150 feet removed from the nearest house. (Otherwise permissable siting directly north of the SAXviss house would leave only a 130 -foot spacing.) 6. Accordingly, we find each of the requisite conditions of Section 139 -32A fully met subject only to the condition (per 139 -32B) that any secondary dwelling or comparable accessory building be sited fully within 230 feet of the west side lot line. 7. This Board, by UNANIMOUS vote, hereby GRANTS to Applicant the requested VARIANCE subject only to the above - stated condition. Dated: March V , 1986 Nantucket, MA 02554 r ? F William R. Sherman Dorothy D. Vollans C. M rshall e e 1/ NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, FEBRUARY 28, 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of L. DENNIS SHAPIRO, AS TRUSTEE OF DIONIS REALTY TRUST, OWNER (018 -86) seeking VARIANCE from the SECTION 139 -16A requirement of a 35 -foot front yard setback to permit construction of a single - family dwelling approximately 10 feet from Tristram's Avenue, away from the bluffs. The premises are located at 73 EEL POINT ROAD, DIONIS, LOTS 5 (at least in part) and 6, PLAN BOOK 15, PAGE 10, in the LUG Zoning District. 5� William R. Sherman, Chairman BOARD OF APPEALS `;i,- I _ r, F $100.00 Case No. APPLICATION TO THE BOARD OF APPEAL Nantucket, Massachu.set': ; To the Members of the Board of Appeais: The undersigned hereby applies for relief from the terms cf (ZONING BY- ',AW)( T x on property described below: Location of Property 73 Eel Point Road, Dionis Lot No. Part of Lots 5 and 6 Plan No. 15, Page 10 District is zoned for LUG -2 _ Type of structure(Existing or Proposed) or proposed use: Dwelling 0%,,ner's Name L. Dennis Shapiro, Trustee of Dionis Realty Trust Ow.1er's Address 24 Essex Road, Chestnut Hill MA 02167 When did you acquire Phis property? June 6, 1984 _ Has application been filed at Building Department? Yes Has any previous appeal been made? No Section of By -Law or Code from which relief is requested: Section 139 -16A: Front Yard Setback Reason for asking relief: (See Attached Statement) Signature of applicant L. Dennis Shapiro, Trustee ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters, and owners within 300 feet. (2) A check in the amount of $100.00 made payable to the T:.:.in of Nantucket. (3) Four copies of the application and a map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION I I 3 I I c, �,/� �% ciihmi ttPd to Board , �2- L Advertising dates Hearing date(s) Decision of Board Decision filed with the Town Clerk Applicant's Attorney: SHERDURNE, PO "J. RS & ONE BEACON STr^,EET BOSTON, MASSACHUSETTS 02108 523 -2700 L APPLICATION TO THE BOARD OF APPEALS L. DENNIS SHAPIRO, TRUSTEE REASON FOR RELIEF Applicant seeks a variance of the thirty -five (35) foot front -yard setback requirement to permit the con- struction of applicant's dwelling with a front -yard set- back of ten (10) feet from Tristram's Avenue. Applicant requests the variance to protect the bluffs by locating the dwelling as far from the bluffs as possible. Applicant states that the granting of the variance is required by the unique topography of applicant's land and that the requested relief may be granted without substantial detriment to the public good and without nullifyinu or substantially derogating from the intent or purpose of the By -law. TOWN 07 I\ANTUCKET BOARD- OF inter_SI ir. ti-,- =:`_ :cr of -I,e , etiti = -, C 1,. Dennis Shapiro, Trustee of Dionis Realty Trust 24 Essex Road, Chestnut Hill, MA P� D�,-rty Addres-- 73 Eel Point Road Sheet 32 02167 Parcel 14 and 15: Lindsay White, 12 Blanchard Ave., Cambridge, MA., 02138 18 Town of Nantucket, Town Hall, Nantucket *4A 02554 44 Robert M. & Lucille Brown, 42 Oak Hill Rd., Chappaqua N.Y. 10514 45 Jack L. & Diane D. Lederer, 56 Lords Highway, Weston, C 06883 46 Wilhelm H. Nickelson & William I. Houghton III, RD 5 Box 106A, Newton, N.J. 07860 54 William M. Schaefer, Treemont Manor 71 Old Niskayuma Drive Loudonville, N.Y. 12211 1 cartify t:le foregoing is a list of persons who are owners of land abutting the property, owners of land abutting the abutters, owners o` land directly opposite the property on any street or way, ar.d owr;., -E cf land within 300 feet of the property, all as they appear cn the most recent applicable TAY list. January ?7, 1986 ^ate rj Assessor Town of Nantucket- z � , y . + o C C) r k 4" - r‘j r 'f' 1 -I -a j ct • b a J, 1 ai k w ,1 � ^• AI '; JT i 1 .. . :"� �` *w' � rr� -�.s �`6. _ Ate_ n ' r , y'}.J x';�R'-t",,' r '-7.ir 7 D "'� �, ,4 •- ate i"" .11.i.,.-•,:::::i--_ . 1 . Y' w !, t 'lam_... }, ,'.wrt. ;s� ;`: of I. ' t,,p z-. €i �: Y — t,,« I. k > 9 (.71 Z � r f • w - r` ° i C z r a t 36 gY M 1 0. . Al� v 4' - �_,/ r r.s. #1,- C r F i ,..r.-- 2 /' '�- y . 5,n,`,- C aye Y - '•,**YY �r.. dr" O F-fr`G ion O rA . L,✓ .(per t - Av f ..1' 7 1 �.:� _.. 7 CD J i'1 O In 3 t .+ I.*. 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