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Home My WebLink About025-88kTUC��r 3? � 'gPORAiE�� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 May 1 ,3, 1988 Re: Decision in the Application of EDNA SPOOR (025 -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 r �1► BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, APRIL 29, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following decision upon the Application of EDNA SPOOR (025 -88) address 45 Gramercy Park, New York, New York, 10010. 1. Applicant seeks a VARIANCE from the 30 -foot front -yard setback requirement of SECTION 139 -16A of the Zoning By -Law to allow relocation of her existing single - family dwelling from near the Sankaty bluff to no closer than 15, or preferably 10 feet from the Baxter Road street line. The premises are located at.101 -103 BAXTER ROAD (aka Atlantic Street), Assessor's Parcels 48 -016 and -017, Plan Book 4, Page 46, Lots 7 and 8, zoned RESIDENTIAL -2. 2. Our findings are based upon the Application papers, viewings, and 3 sheets of "Sketch Plan" dated 4/21/88 (our Exhibit "A ") and testi- mony and representations received at our hearing of 4/29/88, the matter having been continued from 3/25/88 at Applicant's request. For zoning purposes, Lots 7 and 8 are treated as merged. 3. At our 4/29/88 hearing, Exhibit "A" was submitted showing pro- posed relocation to 10 feet from the Baxter Road street line and enlarge- ment of the relocated dwelling by addition of a new foundaton and first floor under the building. By contrast, the plan for relocation accompany- ing the Application as filed showed the existing one -story dwelling with- out enlargement set back 15 feet from the street line. The original pro- posal met with no neighborhood objection. The new building will have a 29 -foot height above mean grade. 4. Ordinarily, we would resist granting relief beyond that origi- nally sought and made the subject of notice to the public and abutters. (025 -88) -2- In the present circumstances, however, the neighborhood is intensely aware of undertakings to relocate all or most of the homes along this stretch of Sankaty bluff endangered by erosion. The only objection came in one case from an abutter on the opposite, west side of Baxter Road. Here, Applicant is represented as owning the land on the opposite side of the Road. Neighbors to the north and south along the bluff side of Baxter Road have been granted variances reducing the required 30 -foot setback to 10 feet for their relocated houses. We have sought consistency in such variance grants, mindful of an approximately 20 -foot shoulder east of the Baxter Rod& paving to maintain at least a 30 -foot setback from paving edge. 5. If an adverse party owned the land across Baxter from Applicant, we would be reluctant also to allow such marked vertical enlargement of her house. In this case, we are assured that building height, measured as elevation in absolute terms, will not be increased. Rather, the new foundaton will be sited on a correspondingly lower grade with natural downward contouring of the lot westward toward Baxter Road. The added first story is to maintain living areas of the existing dwelling at essentially the same altitude for continued enjoyment of ocean views beyond the bluff. Architectural details may be altered as required for issuance of a Certificate of Appropriateness Iy the Historical Districts Commission. In view of the urgency of providing relief and with some misgivings, we make the findings necessary for variance relief. 6. That is, we find that, offing to circumstances relating to the eroding soil conditions and noted topography of the lot, not generally affecting the R -2 District, a literal enforcement of the 30 -foot setback would involve a substantial hardship in the risk of losing the house by bluff erosion. The relief sought may be granted without substantial detriment to the neighborhood and without nullifying or substantially derogating from the intent or purpose of the Zoning By -Law. (025 -88) -3- 7. Accordingly, by UNANIMOUS vote, this Board GRANTS to Applicant the requested VARIANCE from the 30 -foot front -yard setback requirement of SECTION 139 -16A to the extent necessary for relocating and reconstruct- ing her single- family dwelling in substantial conformity with Exhibit "A ", with not less than a 10 -foot setback from the Baxter Road street line. Dated: May 13 , 1988 Nantucket, MA 02554 i William R. Sherman 01 � w Z' /'D. � � � -0- t � Dorothy D. Vollans C� Dale W. Waine i 4 NOTICE A Public Hearing of the Board of Appeals will be held on Friday, March 25, 1988, at 1:30 P.M. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Ap- lication of EDNA SPOOR (Dols -88) seeking a VARIANCE from 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 15 feet from the Baxter Road street line. The premises are located at 101 -103 BAXTER ROAD, SIASCONSET, Assessor's Parcel 46 -016 and 48 -017 zoned RESIDENTIAL -2 Y�Y.ecv� Chairman Board of Appeals 8 -7 A IR P 1. C, A 1: Y C R',' HANTUCKET ZONIPC, BOARD OF APPEALS ("BOA.11) t, t s name(s): L'dni, S p o c r P k 11,ig address: 415 rk, New York, "New plicant's natre S r,Ce .I.ing address: cation of lot(s): Asses!7-or's map and parcel- IC-01-6 48 -017 Street address --.'-0.1 to ]_0? Ba-xter -,--zlmac] Registry LC PL, PL BBC & PG, FL FI, A1,-I,6 Lot T-and Deed tef. 21 Subdivision Endorsed ANR7 lot(s) acquired: ----Zoning district "residential-2, r „ber of dwelling units on lot(a)-. one- Rental guest Looms i,:,;ercial use on lot(sN-. hone A ,.Iding date(s): all Pre-,742 zoning? y e E, or wilding permit nppliclation- Mos. and dater, C UE 01 No(s). or dates 3.t1 prior BOA applicationS., to fully all zoning reitef sougfit togettier with alt respective Codq sections and subsection.,,;, :a(7jfjcFtjlyj ..41hat --YOU r-ropose and What groutids you urg or o m,- , , - k. f�- (-! q c 11 f I 39-32 ' A --t S e c. U ci, Vfirlancey --'),-')A 1.4' isi. Fermit, -73P.. ir to 0tpl: 01, or to reverse 11-jrpe-ctc, per -311.A & A p TD 1 --*,. ca -it cok<; to 13re--',- W a i vf-,-, r 6 n a JI X n,-f hc'u,!Se irom Lhe r(----r of- the !--:'L t1hic hiii_"C ser t aY.te u — et -(—)r -losures forming part of this Application-. Supplement bo above Site /plot plan(s) es v►ith present/proposed structures..',' ye' z. 5 Locus map Floor plans present/proposed Appi Al,irecord-' Needed: a-s'eas -- frontage setbacks GCR% parking data Assessor's certified addressee list (4 Fee check for $150.00 payable to Town of NanLucket L__._,P.Cap” covenant -ertify that the requested Information submitted is substantially complete ,,-ind true-to the best of my knowiledge, under pains and p' enaltie's'of perjurq.-, applicant Attorney /Agent not own-yt'-, show basis' for LAW OFFICES HOLMES, HAYS & F! TZC ERALC C • D 35 CENTER STREE 'T' POST OFFICE BOX 1108 NANTUCKET, MASS. 02S5A WAYNE F. HOLMES WILLIAM H. HAYS IFI -JULIE A. FITZGERALD Mr. William Sherman, Chairman Board of Appeals Town and County Building Nantucket, MA 0255; RE: Application of Edna Spoor 101 -103 Baxter Road Dear Mr. Sherman: fee. March 3, 1988 Enclosed for filing please find the following: 1. Application plus three (3) copies; 2. Certified Abutter's list, plus three (33) copies; 3. Four (4) copies of 1. "he As es: or' s Map; 4. Two ( 2) so Ls of mailing 5. Check in ;:he amount of 1.50.00 Lo cover the filing AREA, LOGE 617 22E :052 Please schedule this matter for hearing on March 25, 1938. A site plan showing the location of the exist�nq structuro and proposed relocation site will be sent to you under �;epar -.ate cover by Hart- lackwell. Very truly yours, zl�q a� cc: Mrs. Joanne M. Holdgate, Town Clerk Ms. Edna Spoor r 'LAW OFFICES HOLMES, HAYS & FITZGERALD 35 CENTER STREET POST OFFICE BOX 1108 NANTUCKET, MASS. 02554 WA!'NE F. HOLMES WILLIAM H. HAYS III JULIE A. FITZGERALD March 3, 1988 Mr. William Sherman, Chairman Board of Appeals Town and County Building Nantucket, MA 02554 RE: Application of Edna Spoor 101 -103 Baxter Road Dear Mr. Sherman: Enclosed for filing please Fiii,,i t )1e roi_loaina: 1. Application plus t1iree (=i) copies; 2. Certified Abutter's list ,plus three (3) copies; 3. Four (4) copies of the Assessor's Map; 4. Two (2) sets of mailing labels; 5. Check in the amount of $150.00 to cover the filing fee. AREA CODE 61 7 228-0052 Please schedule this matter for bearing on March 25, 1928. A site plan showing the location of tI->e existing structure and proposed relocation site will be sent to you under :separate cover by Hart- Rlackwell. Very truly yours, cc: Mrs. Joanne M. Iloldgate, Town Cl_er]: Ms. Edna Spoor 'A Form .1-8-7 Noy - ARPE1CAaHO V HAN'ruCKET ZONING BOARD OF APPEALS ?n e r I a rame(s): hd', _ a S P o o r iling address: 41 -) IJ L r! (.2 Y C 'f?1_1 k N c. k" �Iicant's nnme 11itig address: of lot(8): Asseasor'v map and parcel- 48-01,6 anu 4 lul -G I S t r e e t address j 0 t o 1 0 a x t e D C ' 1i Registry *L,C PI-t PT, U1K & P(,, PL FL 4/46 Lot '/-" _-a n d Deed ref 139/'. 2 Subdivision Endorsed ANR? �:e lot(s) nequired: --Zoning district '.'.`residentiai-2 71ber of dwelling units on lot(s)-. one Rental guest J:ooms none i;-qercial use on lot(s): none MCD? N / A _11ding date(s): all pre-72 zoning? yes or Building permit applicatioll-Nos. and dates C Of 0? No(s). of dates all prior BOA applications: t-e fuily all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urgep for BOA to make each finding per' ,SecLion 139-32A if Vpriance, -30A if Special Permit, -33A if to alter or extend lion- conforming use, or to reverse Building Inspector by,,,Appeai per, -31A & B: 14 -F APP Lcant seeks v.--?i.iant,s, to 139 -32A a waiver x 1- i -th c� S t 1,jusa tln�_, rc?at- --)f the J: C!"..'.'ser to E a x t r r R oa ,T LA