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Home My WebLink About020-88TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 February 19 , 1988 Re: Decision in the Application of ANGELA CAVENESS WEISSKOPF (020 -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 u-fter this date. l7`�YQ�tI � h r Andrew J. Leddy Jr. /Ang �Chaira,an BOARD OF APPEALS cc: Building Commissioner Planning Board Town Clerk MEW- TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION: In the matter of the Application of ANGELA CAVENESS WEISSKOPF (020 -88), at a meeting of the Board of Appeals held at 1:30 P.M. on Friday, February 19, 1988, at the Town and County Building, Nantucket, MA the Board enters the following Decision and makes the following findings: 1. This is an Application for Variance relief from Section 137 -16A, Intensity Regulations, to relocate an existing single - family residence nearer to Baxter Road within the front yard set -back requirement. Our authorization has been given for Applicant to obtain a temporary permit pursuant to Section 139 -26H due to imminent risk that the house will topple due to erosion. The premises are located at 113 Baxter Road, Siasconset, Assessor's Parcel 48 -011, zoned Residential -2. 2. Based upon the Application materials, viewings, correspondence andtestimony presented at the public hearing, the Board finds that the property is situate on the Siasconset bluff and subject to serious and immediate erosion problems which threaten the exstance of the house as currently situated. In order to save the house, it is necessary to allow its relocation away from the bluff as quickly as possible. The Board finds that the erosion problem is a circumstance relating to soil conditions, shape and topography of the land and especially affecting such lot and structure, but not affecting generally the zoning district in which it is located. A literal enforcement of the full front yard set -back would involve a substantial hardship to the petitioner by the likely earlier loss of the house. With the conditions noted below, the requested relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such by -law. 3. Responsive to abutter concerns and giving respect to the favorable recommendations of the Planning board and Conservation Commission, we impose the following conditions: (a) During consruction, siltation control "fences' will be deployed on the lot; (b) Any lot contour changes shall be such as to avoid increased run -off; (c) In the event siltation of near -by catch basins occurs, Applicant will have them cleaned after construction; (d) The grade of the new site location shall not be changed; and (e) The Temporary Permit, if any, shall be replaced with a Building Permit, when issued, subject to the conditions of this Variance grant. 4. For the reasons set forth above, the Board of Appeals by unanimous vote Grants to Applicant the requested Variance relief from the front yard set -back requirement, Section 139 -16A, to relocate the house so that neither the house not its deck or other structure is closer than eleven (11) feet from Baxter Road, subject to the foregoing conditions. Dated: February 19, 1988 L " r- Andrew J. Leddy, Jr. C. M rshall B ale orothy llans .r NOTICE A Public Hearing of the Board of Appeals will be held on Friday, February 19, 1988, at 1:30 P.M. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of ANGELA CAVENESS WEISSKOPF (Da0-88) seeking a VARIANCE from the SECTION 1139 -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 6 feet from the Baxter Road street line. The premises are located at 113 BAXTER ROAD, SIASCONSET, Assessor's Parcel 48 -011, zoned RESIDENTIAL -2. I i William R. Sherman, Chairman �� BOARD OF APPEALS BOA Form,.1-87 No ;+ ABPEIMION'� NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owners name(s): Angela Caveness Weissk_opf Mailing address: 4977 Battery Lane, Apt.. 721, Bethesda,.,MD 20814 Applicants name same 'Mailing address: same Location of lot(s): Assessor's map and parcel: 4A_011 Street address 113 Baxter Road Registry LC PL, PL BK & PG, PL FL Lot Deed ref. 117/4(13 Subdivision Endorsed _/ /_ ANR? Date lot(s) acquired: _/_/57 Zoning district Residential 2 Number of dwelling units on lot(s): one Rental guest Booms none Comtgercial use on lot(s): none MCD? n/a Bdilding date(s): all pre -'72 zoning? Yes or Building permit application-Nos. and dates C of 0? Case No(s). of .dates all prior BOA applications: _nnnP 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 bon- conforming use, or to reverse Building Inspector byyAppeal per -31A & B: Applicant seeks variance relief pursuant to Section 139 -32A for a waiver of ;, the Intensity Regulations, Section 179-16, front yard se - acK req —96'1 e 6' re reieeate the exis4inq LQuse Fr ,m J-ho YPaY of i-,hp 1nh near thP buff closer to Baxter Road. Due to the natural erosion of the bluff the house is in imminent danger of being destroyed. Enclosures fo ;ming part of this Application: Supplement to above Site /plot plan(s) , with present /proposed structures yes Locus map x Floor plans present /proposed Appeal ;record' Needed: areas frontage setbacks x GCR% x parking data Assessor's certified addressee list (4 setS)i;f Mailin label..•2'wsats Fee check for $150.00 payable to Town of Nantucket x t!Cap" covenant I certify that the requested information submitted is substantially complete and true-to the best of my knowledge .under pains'and penaltiesiof perjury.; Signature: Appli i cant Attorney /agentx (If not o r, s how b sis f aor authoritytb�appiK�); FOR OFFICE USE b Application copies received: 4((or only for BOA One copy given Town Clerk a /) /by Complete? One copy sent to Planning Board and to Bui�l,,diing Dept. y $150.00 check given. Town Trea�su-re _Z/ y Notices of hearing posted 2_/5/ mailed Z/0 published Hearing(s) held on _ /_ /_ continued to _ /_ / _ /_ /_ withdrawn? Decision made _ /_ /_ filed with Town Clerk _ /_ /_ mailed See related files: application - litigation - other LAW OFFICES HOLMES, HAYS & FITZGERALD 35 CENTER STREET POST OFFICE BOX 1108 NANTUCKET, MASS. 02554 WAYNE F. HOLMES WILLIAM H. HAYS III JULIE A. FITZGERALD Mr. William Sherman, Chairman Board of Appeals Town and County Building Nantucket, MA 02554 February 1, 1988 RE: Application of Angela Caveness Weisskopf Property: 113 Baxter Road Dear Mr. Sherman: Enclosed for filing please find the following: 1. Application plus three (3) copies; 2. Certified Abutter's List plus three (3) copies; 3. Four (4) copies of the site plan of the existing and proposed structure; 4. Four (4) copies of the Assessors Map 48; 5. Two (2) sets of mailing labels; AREA CODE 617 228-0052 6. Check in the amount of $150.00 to cover the filing fee. Please schedule this matter for hearing at the next available date. Very truly yours, cc: Mrs. Joanne M. Holdgate, Town Clerk Mrs. Angela Caveness Weisskopf A, f d BOA Form _1 -8a Nor - ARPELCA'IION'< NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): Angela Caveness Weissk oaf Mailing address: 4977 Battery Lane, Apt.. 721, Bethesda,.MD , 20814 Applicant's name same 'Mailing address: same Location of lot(s): Assessor's map and parcel: 48-011 Street address 113 Baxter Road Registry LC PL, PL BK & PG, PL FL Lot Deed Ref. 117/4f13 Subdivision Endorsed _/ /_ ANR? Date lot(s) acquired: —/ —/57 Zoning district Residential 2 Number of dwelling units on lot(s): one Rental guest Rooms none Comtpercial use on lot(s): none MCD? n/a Building date(s): all pre -'72 zoning? yes 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 Jou urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permits -33A if to alter or extend bon- conforming use, or to reverse Building Inspector byyAppeal per -31A & B: Applicant seeks variance relief pursuant to Section 139 -32A for a waiver of:, the Intensity Regulations, Section 139-16, front yard se - ac r q enc from - 8' to -6' fe rejeeake 4;4p QN sting hause From the roar of the int naar the bluff closer to Baxter Road. Due to the natural erosion of the bluff the house is in imminent danger of being destroyed. Enclosures forming part of this Application: Supplement bo above Site /plot plan(s) , with present /proposed structures yes Locus map X Floor plans present /proposed Appealirecord' Needed: areas frontage setbacks x GCR% x parking data Assessor's certified addressee list (4 sets) ;rr Mailing'•label ,0 .(,2" ;sats),� Fee check for $150.00 payable to Town of Nantucket X P..Cap" covenant 1 certify that the requested information submitted is substantially complete and true to the best of my knowledge _under pains and penaltiesiof perjury Signature Applicant Attorne y /Agent X (If not oy`l r, show basis for authority4tb ^applk FOR OFFICE USE Application copies received: 4((or only ) for BOA _ / —/— by One copy given Town Clerk — / —/— by Complete? One copy sent to Planding 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