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Home My WebLink About002-88TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 February )e, 1988 Re: Decision in the Application of HELENE S. WHITEHEAD (002 -88) Enclosed is a notice of the 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 cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The -BOARD OF APPEALS, at a Public Hearing held on FRIDAY, FEBRUARY 5, 1988 at 1:30 p.m. in'the Town and County Building, Nantucket, made the following Decision upon. the Application of HELENE S. WHITEHEAD (002 -83), address,�271,, Siasconset, MA 02564. 1. This is an Application for relief for several matters. First, the Applicant requests VARIANCE relief from SECTION 139 -16A, Intensity Regulation, to relocate her house nearer to Baxter Road within the 30 -foot front vard setback requirement. Second, the Applicant requests. SPECIAL PERMIT VARIANCE relief to allow the addition of 404± SF of ground cover to this pre- existing non - conforming structure upon its relocation. Lastly, VARIANCE relief is requested to allow relocation of the house in front of a pre- existing non - conforming cottage, which is to r pain where it now is and so notin compliance with the 12' spacing /requirements of Section 7A (2)(b), (c) and (d), if applicable. The prLmises are located at 97 BAXTER ROAD, SIASCONSET, Lots Al and A2, Land Court Plan 12839 -B, Assessor's Parcels 48 -019 and 020, zoned RESIDENTIAL -2. 2. Based upon the Application and accompanying plans (our Exhibit "A "), viewings, and correspondence and materials and testimony presented at the public hearing, the Board finds that the property being situate on the Siasconset bluff is subject to serious and immediate erosion pro- blems whibh, threaten the existence of the house. To save the house it must be rel o Gated away fromthe bluff as quickly as possible but in keeping with the setbacks of other houses in the neighborhood. The Board finds that the erosion problem is a circumstance relating to soil conditions, shape and topography of the lot and expecially effecting such lot and struc- ture, but not affecting generally the zoning districtiin which it is located. A literal enforcement of the front yard setback would involve a substantial hardship to the petitioner by the likely loss of her year -- round residence. With,thb�,following conditions, the requested Section 139 -16A relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent (O02 -88) -2- or purpose of such by -law. The Board imposes the condition that the hou -se or other structure not be located closer tha n 15' from the lot line on Baxter Road but otherwise in conformity with the Exhibit "A" site plan. 3. The Board finds that the request for Special Permit relief pursuant to Section 139- 33A,to allow additional ground cover of 404± _F to expand the relocated dwelling }may be granted without being substantially more detrimental to the neighborhood than the existing structure. If in substantial conformity with the Exhibit "A" house plans the alterations will be in keeping with the general purpose and intent of the Zoning By -Law. The dwelling was made non - conforming by the 1984 upzoning of the area and, therefore, is a valid pre- existing non - conforming structure. 4. The Applicant also requested Variance relief from Sections 139,�7A (2), (b), (c) and (d) to validate the relocation of the house in relation to the existing cottage. After reconsideration of the facts on February 5, 1988, the Board found that such relief is unnecessary but, if necessary, might be granted as incidental to the relocation of the house to avoid its destruction. The house cannot reasonably be relocated on the lot with full 12 -foot spacing from the cottage without creating other zon- ing violations or great expense or hardship to Applicant. The cottage is non - conforming in its pre - zoning kocation in the northerly side yard setback. Its use for household overflow sleeping also predates zoning. Due tb�)the size and shape of the lot and structures and the particular circum- stances relating to the erosion problem, the Board finds that a literal enforcement of the By -Law wm.uld involve a substantial hardship to the petitioner. Based upon our decision in Block Application 129 -87, however, we find that the requested variance is unnecessary so long as the pre- existing non - conforming overflow sleeping use of the cottage is not altered, i.e., its use for sleeping remains limited to the same family or household using the principal dwelling, and there is no kitchen, cooking or eating in the cottage. Vie also are strongly committed to upholding the conditions for secondary dwellings and do not want;to weaken our predecents. Otherwise, relief could be granted without substantial detriment to the public and without nullifying or substantially derogating from the - intent or purpose of the By -Law. -(002 -88) -3- 5. No opposition to the Application was presented at the public hearing, it received a favorable recommendation from the Planning Board, and the Board received letters in support of the Application including one from the Conservation Commission . 6. For the reasons and upon the conditions set forth above,the Board of Appeals grants the Applicant VARIANCE relief from the front yard setback requirement of SECTION 139- 16Ai,,,rkJr139 -7A (2) (b), (c) and (d),to relocate y the house no closer than,.(15 feet from Baxter Road and SPECIAL PERMIT relief under SECTION 139 -33A allowing expansion of the relocated dwelling by adding NDy± SF, by UNANIMOUS vote. After relocation of the dwelling, Applicant may continue the non - conforming sleeping use of the cottage. Dated: February IV , 1988 Nantucket, MA 02554 William R. Sherman 1 Dorothy D. Vollans Ck) Dale W. Waine �44 --e - NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JANUARY 29, 1988, at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica- tion of HELENE S. WHITEHEAD (002 -88) seeking a VARIANCE from the SECTION 139 -16A requirement of a 30 -foot front yard setback to allow relocation of her existing single- family dwelling from near the bluff to no closer than 12 feet from the Baxter Road street line; and a SECTION 139 -16A VARIANCE from ground cover ratio limit or a SPECIAL PERMIT under SECTION 139 -33A to allow addition of about 404 SF of ground cover (for GCR about 14% where only 12.5% is allowed) and a second -floor partly intruding into the front yard; also a VARIANCE if necessary, from any SECTION 139- 7A(2)(b), (c) and (d) requirements that a separate sleeping cottage be spaced at least 12 feet to the rear of the relocated house, within GCR limit and outside the northerly side -yard setback. The house, cottage and separate garage are said to pre -exist zoning as now sited, with total ground cover now about 11 SF over allowable GCR, so non - conforming. The prem- ises are located at 97 BAXTER ROAD, SIASCONSET, Assessor's Parcel 48 -019 and 020, Land Court Plan 12839 -B, Lots Al and A2 zoned RESIDENTIAL -2. C�- W PiYR. Sherman, Chairman BOARD OF APPEALS BOA Form .1 -8-7 No:1 ARPELCA'IION " vv�� NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") o [� Owner's name(s): Helene G Whitehead Ma }ling address: P. O. Box 271, Siasconset MA 02564 Applicant's name : Helene S. Whitehead 'Mailing address: P. O. Box 271_ Siasconset. MA 02564 Location of lot(s): Assessor's map and parcel: 48 -19 & 20 Street address 97 Baxter Road Registry LC PL, PL BK & PG, PL FL LC Plan 128391BA1..p A7 Deed ref. Subdivision Endorsed _ /_ /� ANR? Date lot(s) acquired: la /� /� A -I Zoning district ft -2 Number of dwelling units on lot(s): 1 Rental guest Rooms none Commercial use on lot(s): nonce MCD? none Bdilding date(s): all pre -'72 zoning? or Building permit application Nos. and dates C of O? Case No(s). or dates all prior BOA applications: _none State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non- conforming use, or to reverse Building Inspector byvAppeal per -31A & B: Applicant seeks variance relief pursuant to Section 139 -32A for a waiver of the Intensity Regulations 9 1 4 1F front yard set back requirement from 30' to 12' to relocate the existing house from the rear of the lot near the bluff closer to Baxter Road Due to t=he natural erosion of the bluff the house is in iminent danger of being destroyed Applicant seeks a variance and /or special permit relief pursuant to Spctign 139-33A-for _ expansion of the nra- eu;ct;nn_ n.,n- ten=, m: to ra_pgTtion- of.th2,houseatter it is.relocated on_the lot. The house Enclosuresa g A}{jR fV}i }do }ni Ta pQiga ?ion:c�upplemenip oxa�ove y -- Site /¢lot plan(s) 4 with present /proposed structures x Locus map 4 Floor plans pre2pukiproposed 4 Appeal record' Needed: areas frontage x setbacks x GCR% x parking data Assessor's certified addressee list (4 sets)c; x .M6ifing'•labefO (2,sjts)x Fee check for $150.00 payable to Town of Nantucket X_ !'Cap" covenant I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under pains and penalties of perjury.; Signature: / Applicant Attorney /agent x (If not ow tr, h ow basis for authority_=tb:appiy.:); FOR OFFICE USE Application copies received: 4(_. ) for BOA' �' // �`�by One copy given Town Clerk //S /�y L� Complete? One copy sent to Planning Board and to Buildin Dept. C/ by $150.00 check given Town Trea urer,� /��/ Notices of hearing posted 1/ sled Z Published Hearing(s) held on _ /_ /_ continued to _ /_ / _ /_ /_ withdrawn? Decision made _ /_ /_ filed with Town Clerk _ /_ /_ mailed See related files: application - litigation - other O�s -+,'�' d 6,61 T C- - / q -Z �/ ? 7 6� �d� j U7 17. IX 0 tD G. (71 CT 77 j U7 17. IX 0 tD G. (71 j U7 17. IX 0 tD G. LAW OFFICES HOLMES, HAYS & FITZGERALD 35 CENTER STREET NANTUCKET, MASS- 02554 WAYNE F. HOLMES WILLIAM H. HAYS III JULIE A. F17ZGERALD December 18, 1987 Mr. William Sherman, Chairman Board of Appeals Town and County Building Nantucket, MA 02554 RE: Application of Helene S. Whitehead Property: 97 Baxter Road Dear Mr. Sherman: Enclosed for filing please find the following: 1. Application plus three (3) copies; 2. Certified Abutters List plus three (3) copies; 3. Four (4) copies of a Zoning Analysis; 4. Four (4) copies of the site plan of the existing and proposed structure; 5. Four (4) copies of the Assessors Map 48; AREA CODE 617 228-0052 6. Four (4) copies of the floor plans and elevations; and 7. Two (2) sets of mailing labels. Check in the amount of $150.00 to cover the filing fee. Please schedule this matter for hearing at your January 29, 1988 meeting. Very truly yours, Julie A. Fitzgerald JAF /sdb Enclosures cc: Mrs. Joanne M. Holdgate, Town Clerk Ms. Sandy Whitehead BOA Form 1 -8.7 No::- APPEICA'IION' NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): Helene S. Whitehead Mailing address: P. 0. Box 271, Siasconset, MA 02564 Applicant's name : Helene S. Whitehead 'Mailing address: P. 0. Box 271 Siasconset, MA 02564 Location of lot(s): Assessor's map and parcel: 48 -19 & 20 Street address 97 Baxter Road Registry LC PL, PL BK & PG, PL FL LC Plan 128j$tBAi -n A2 Deed EeE. Subdivision Endorsed /_ /qa ANR? Date lot(s) acquired: 9/15/78 A -2 1-a 3-L A -t Zoning district R -2 Number of dwelling units on lot(s): t Rental guest Sooms none Commercial use on lot(s): none MCD? One Bdilding date(s): all pre -'72 zoning? yea or Building permit application Nos. and dates C of 0? Case No(s). or.dates all prior BOA applications: none State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non - conforming use, or to reverse Building Inspector byvAppeal per -31A & B: Applicant seeks variance relief pursuant to Section 139-32A for a _ waiver of the Intensity Regulations 9 139-16, front Yard set back requirement from 30' to 12' to relocate the existing house from the rear of the lot near the bluff closer to Baxter Road Due to the natural erosion of the bluff the house is in iminent danger of heing destroyed Applicant seeks a variance and /or special permit relief pursuant to ScQ3?-3;3 fQr EExpDansion of thee re -eJ� istinQ nQQn- conformilI]]qq t r n ,i dfl4+ Cnnare feet' of _roun{1 C +7'dnd a second Hoor to- a_pp�tion_of,thp,house after it is_ relocated on_the lot. -The h3use Enclosuresa?Sg Atq f$ P }dojnjgasApttjigra ?ion:cguppleo a ptoxetove y . Site /clot plan(s) 4 with present /proposed structures x _ Locus map 4 Floor plans prey ntiproposed 4 Appeal:record' Needed: areas frontage x setbacks x GCR% x parking data Assessor's certified addressee list (4 sets),.; r x .Mailing labelsO.'sats)x Fee check for $150.00 payable to Town of Nantucket -� !'Cap" covenant I certify that the requested information submitted is substantially complete and true to the best of my knowledget under pains and penaltiesiof perjury Signature: A Applicant Attorney /agent x _ (If not ow r, show basis for authority =tb-�appik.:); FOR OFFICE USE Application copies received: 4((or only ) for BOA _ /_ /_ by One copy given Town Clerk _ /_ /_ by Complete? One copy sent to Planning Board and to Building Dept. by $150.00 check given Town Treasurer _ /_ /_ by Notices of hearing posted _ /_ /_ mailed _ /_ /_ published Hearing(s) held on _ /_ /_ continued to _ /_ / _/ / withdrawn? _ /_ /_ Decision made _ /_ /_ filed with Town Clerk _ /_ /_ mailed _/ / See related files: application - litigation - other U) �\ i\ |� � / CA ff 7) (D " \ |\ I\ �/ �\ F- r7 m \ \ (D / \ d � \ \ \ � ,n -1 ci U) �\ i\ |� � / CA ff 7) (D " \ |\ I\ �/ �\ F- r7 m \ \ \ / \ d U) �\ i\ |� � / CA ff 7) (D " \ |\ I\ �/ �\ F- r7 m � \ \ \ � ci U) �\ i\ |� � / CA ff 7) (D " \ |\ I\ �/ �\ F- r7 m