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Home My WebLink About026-88r TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April 3 , 1988 Re: Decision in the Application of MICHAEL BLOOMBERG (026 -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 Monday, March 28, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following DECISION upon the Application of MICHAEL BLOOMBERG (026 -88) with an address of 118 Baxter Road, Siasconset, Massachusetts 02564. 1. Applicant seeks a VARIANCE from the Section 139 -16A requirement of a 30 foot front yard setback to allow the relocation of an existing single- family residence from near the Sconset Bluff to a position not less than 6 feet from the Baxter Road street line to the structure itself and less than one foot to the entry steps. The premises are located at 115 Baxter Road, Siasconset, Assessors Parcel No. 48 -010, Plan Book 21, Page 113 at the Nantucket Registry of Deeds and zoned Residential -2. 2. Our findings are based upon the 026 -88 application papers, the site plan showing the proposed relocated dwelling submitted with the application (our Exhibit .A), and representations and testimony received at our hearing. 3. At the hearing the status of the current outstanding building permits and construction was discussed and reviewed. The relief granted herein is expressly conditioned upon the applicant's construction being conducted in conformity with building permits from the Nantucket Building Page One of Two Office. 4. In light of the significant and severe erosion of the Sconset Bluff along the easterly boundary of the applicant's property, we find that owing to circumstances relating to the soil conditions and topography of this lot and which specifically effect this lot but do not generally affect the zoning district in which it is located, a literal enforcement of Section 139 -16A would involve substantial hardships to the applicant. Variance relief_ can be granted in this instance without substantial detriment to the public good and without derogating from the intent and purpose of the zoning by -law. 5. Accordingly, this Board by UNANIMOUS vote GRANTS to the Applicant the requested variance from Section 139 -16A with respect to front yard setback requirements. William R. Sherman Dal'(�,NW. Warne ��Z 0 Dorothy D. Vollans Dated: April 6 , 1988 Nantucket, Massachusetts srm #35 �� Page Two of Two t EDWARD FOLEY VAUGHAN KEVIN F. DALE MELISSA D. PHILBRICK RACHEL C. HOBART VAUGHAN, DALE AND PHILBRICK ATTORNEYS AT LAW WHALER'S LANE NANTUCKET, MASS 02554 (617) 228-4405 March 4, 1988 HAND DELIVERY William Sherman, Chairman Nantucket Board of Appeals Town and County Building Nantucket, Massachusetts 02554 RE: Michael Bloomberg Variance Application Dear Chairman Sherman: Enclosed herewith for filing is my client Michael Bloomberg's variance application seeking permission from the Board of Appeals to move his Baxter Road house into the front yard setback area due to severe erosion along the bluff. In most respects, this application replicates Mr. Bloomberg's previous application for variance which was withdrawn without prejudice on February 5, 1988 except that this new application asks permission to move the house closer to Baxter Road. I also enclose a filing fee check in the sum of $150.00 made payable to the Town of Nantucket, a certified list of abutters, two (2) sets of mailing labels and plot plan showing the existing location of the house and a plot plan showing the proposed new location of the house. William Sherman, Chairman March 4, 1988 Page Two It is my understanding that you will mark this matter for hearing on March 25, 1988. Please call me if you have any questions or concerns. Sincerely, KFD /bal Enc. cc: Mr. Michael Bloomberg Nantucket Town Clerk Nantucket Planning Board Nantucket Building Inspector VAUGHAN, DALE AND PHILBRICK ATTORNEYS AT LAW WHALERS LANE NANTUCKET, MA 02554 PAY TOTHE ORDER OF- - - - - -- - - - -- - �. - -- 394 -- e 53-512/113 1 'Ab '-DOLLARS Parifir National Vank (/ of N k r A/ NANTUCKET MA FOR / -� I �1.000394lie "I:0 L i 54 2 21: 116003 i04611' IWA Form 1 -87 APPLICATION' NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): MICHAEL BLOOMBERG No.. - `tailing address: 31 Glezen Lane, Wayland, Massachusetts 01778 ,applicant's name same `tailing address: same Location of lot(s): Assessor's map and parcel: 0048 -010 Street address 115 Baxter Road, Siasconset, Massachusetts 02564 Registry LC PL, PL BK & PG, PL F[. 21/113 Lot Deed ref.266/153 Subdivision Endorsed _ /_ /_ ANR? Date lot(s) acquired: 12/24/86 Zoning; district R -2 Number of dwelling units on lot(s): one Rental guest rooms N/A Commercial use on lot(s): No MCD? No Miilding date(s): all pre -'72 zoning? yes or Building permit application Nos. and dates C of 07 Case No(s). or dates all prior. BOA applications: 017 -88; February 5, 1988 '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 by-,- Appeal per -31A & B: The, A pplicant seeks a variance pursuant to Section 139 -32A to !allow the relocation of the existing dwelling within the thirty (30) foot front yard setback area in accordance with the proposed site plan. Severe erosion of the bluff along the easterly boundary of applicant's land necessitates the relocation of such dwelling. Failure to grant the requested variance will cause the Applicant a significant hardship and the granting of such relief will not derogate from the intent of the zoning by -law. c`o �• At38ACH6 T8 UI7CLAIM DEED 614ORT FORM (INDIVIDUAL) 001 WILLIAM F. NORRIS of 56 S. Woods Hole Road, Woods Hole, MA C$At3tttjtj ItS9WrkFt9ette, hWngxmvs,*tkW, for consideration paid, and in full consideration of grant to MICHAE,1. BLOOMBERG ,1 of 31 Glezen Lane, Wayland, MA 01778 $625,000.00 s with gttitrla[ttt ruuenunte thelandin the 'Town and County of Nantcket, Massachusetts together with the dwelling house and all other buildings thereon, situate at 115 Baxter Road, bounded and described as follows: [Description and encumbrances, if any] NORTHWESTERLY by land of Moffat, 142.92 feet; NORTHEASTERLY by "The Path ", land of the Inhabitants of the Town of Nantucket, 101.39 feet; SOUTHEASTERLY by land of Caveness, 143.55 feet; and SOUTHWESTERLY by Atlantic Street, 111.32 feet. Be any dimensions more or less. Above description taken from plan recorded with Nantucket Registry of Deeds in Plan Book 21, Page 1W .`13 For my title see deed recorded in Book 252, Page 224 at said Registry of Deeds. %1111irua ..... my ..... hand and seal this. .......... t ...... ?v- . --- 1- . Nantucket ss. `j•............ day of ..... .c.c.enlbc.r. i .... WILLIAM F. NORRIS (401tt►nnluuettlil] of 4l amittrl[unrttu ,19...M. December 1-t 1986 Then personally appeared the above named Michael Bloomberg and acknowledged the foregoing instrument to be his free act and deed befoFo��t).U!.. r,ll%11T1)t'!C!,T COUMTY Notary Pubtic -AIX. 0(wxo.KA lr_ s .w 1' ;olvr,l and V1111- r,tl m My commission expires 11'. l�ci ,polvidual - -- ]oink Tenants - -- Tenants in Common.) _NC COM/MONWs''�EALTH OF MASSAC.HU_SE'[TS tr< z COMMONWEALTH- OEMASSACHUSM�S r 3 AJ��J.DJ (J �c �"tI J elate• c : l�dJl.� DS -i X� E as 1: !,� i I r 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 ANC COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of MICHAEL BLOOMBERG (4(0-99 ) seeking a VARIANCE from the Section 139 -16A requirement of a thirty (30) foot front -yard setback to allow relocation of an existing single - family residence from near the bluff to not less than one (1) foot from the Baxter Road street line at the entry steps, with the front building line set back of six (6) feet. The premises are located at 115 BAXTER ROAD, SIASCONSET, Assessor's Parcel 42.3.1 -1 -164, Plan Book 16, Page 73 and zoned RESIDENTIAL -2. rem r- ANDREW J. LEDDY, JR., Acting Chairman, Board of Appeals I3OA Form 1 -87 APPELCATION' NANTUCKET ZONING BOARD OF APPEALS (11BOA0') Owner's name(s): MICHAEL BLOOMBERG `1ai.ling address: 31 Glezen Lane, Wayland, Massachusetts 01778 . 1pplic ant Is name same `tailing address: same Location of lot(s): Assessor's map and parcel: 0048 -010 Street address 115 Baxter Road, Si.asconset, Massachusetts 02564 Registry LC PL, PL BK & PG, PL FL 21/113 Lot Deed ref.266 /153 Subdivision Indorsed _ /_ /_ ANR? 1)"Ite lot(s) acquired: 12/24/86 Zoning district R -2 Number of dwelling units on lot(s): one Rental guest rooms N/A e;ommercial use on lot(s): No MCD? No ffitilding date(s): all pre -'72 zoning? yes or Building permit application Nos. and dates C of 07 Case No(s). or dates all prior BOA applications: 017 -88: February 5, 1988 `sate 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 by,,- Appeal per -31A & 11: The:Applicant seeks a variance pursuant to Section 139 -32A to !allow the relocation of the existing dwelling within the thirty (30) foot front yard setback area in accordance with the proposed site plan. Severe erosion of the bluff along the easterly boundary of applicant's land necessitates the relocation of such dwelling. Failure to grant the requested variance will cause the Applicant a significant hardship and the granting of such relief will not derogate from the intent of the zoning by -law. 1�'nclosures forming part of this Application: Supplement to above Site /plot plan(s) X with present /proposed structures X Locus reap X Floor plans present /proposed Appeal record Needed: areas15,216frontage 111.32etbacks x GCR 7,11% parking data Assessor's certified addressee list 4 ( acts) x Mail.ing IaUels) (2- .sits) 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 penal.ties'of perjury. ` >ignature• •Michael Bloomberg yoln hF a Al plicant Attorney/agent X (If not owner. s ow as,� �__,: -.� a i i i ry e � k i 298 w 276 i j BOARD OF APPEALS 'TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS at a Public Hearing held on Monday, March 28, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following DECISION upon the Application of MICHAEL BLOOMBERG (026 -88) with an address of 118 Baxter Road, Siasconset, Massachusetts 02564. 1. Applicant seeks a VARIANCE from the Section 139 -16A requirement of a 30 foot front yard setback to allow the relocation of an existing single - family residence from near the Sconset Bluff to a position not less than 6 feet from the Baxter Road street line to the structure itself and less than one foot to the entry steps. The premises are located at 115 Baxter Road, Siasconset, Assessors Parcel No. 48 -010, Plan Book 21, Page 113 at the Nantucket Registry of Deeds and zoned Residential -2. 2. Our findings are based upon the 026 -88 application pacers, the site Plan showing the proposed relocated dwelling submitted with the application (our Exhibit A), and representations and testimony received at our hearing. 3. At the hearing the status of the current outstanding building permits and construction was discussed and reviewed. The relief granted herein is expressly conditioned upon the applicant's construction being conducted in conformity with building permits from the Nantucket Building r.,,.%N, ;rr's Page One of Two I,,, 7