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HomeMy WebLinkAbout027-88Y a17 -& TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April-31 , 1988 Re: Decision in the Application of ANNA F. GOLDING (027 -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, andshall be filed within twenty (20) days after this date. CC: Building Commissioner Planning Board Town Clerk William R. Shuman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MARCH 25, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following decision upon the Application of ANNA F. GOLDING (027 -88) address Box 295, Siasconset, MA 02564. 1. Applicant seeks a VARIANCE from the 30 -foot front -yard setback required by 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 10 feet from the front lot line (the Baxter Road street line). Applicant also seeks a SPECIAL PERMIT under SECTION 139 -33A to alter a pre - existing, non- conforming use by the relocation, not only other dwell- ing but also an existing guest cottage ( "sun room ") to be placed about 16 feet rearwardly of an existing garage. The premises are located at 99 BAXTER ROAD, SIASCONSET, Assessor's Parcel 48 -018, Land Court Plan 14263 -A, Lot 8. 2. Our findings are based upon the Application papers including a site plan titled "relocation of the Golding Residence" (our Exhibit "a"), correspondence, knowledge of the premises and representations and testimony received at our hearing.Reference is made to our decision in the Whitehead Application (022 -88) in which we granted Variance relief to an abutter of the present Application under closely similar circumstances 3. Applicant's lot with area of 0.57 acres is just to the west of the Sankaty bluff or As we have found in other recent Baxter Road variance requests and specifically, Whitehead 002 -88, rapid erosion there threatens early loss of building close to the bluff unless they are relocated to the west. For Applicant, the sun room cottage, a small building used by the household for overflow accommodations from the main house, is the nearest and most threatened. However, moving this size of building is much more quickly undertaken and with less expense and economic risk than the main house. Accoiding to the Exhibit "A" site plan, the main house is to be moved as close to the Baxter Road street line as this (027 -88) 1 -2- Board will permit, i.e., with 10 -foot setback. By contrast, the about 10' x 14' sun room would be moved about 50 feet westward to a point about 16 feet eastward and to the rear of the garage. 4. The garage, while it conformed to the 10 the premises were zoned R -1, now is non - conforming 30 -foot setback required in R -2. Residential uses found to pre -date our mid -1972 adoption of zoning. that the premises qualify under Section 139 -33A as conforming residential uses. -foot front -yard when by intrusion into the of the premises are Accordingly, we find pre- existing and non- S.Normally, we would not, by a Section 139 -33A Special Permit, allow relocation of a principal dwelling into a front -yard setback, nor a secondary dwelling closer than at least 12 feet to the rear of a princi- -eal dwelling. In either case, we could not find such Special Permit relief in harmony with the general purposes and intent of the zoning chapter, as we must find to grant such permit. Here, however, we are able to make that finding in conjunction with granting a variance from the front -yard requirement. The gnconsolidated soil of the bluff together with its unstable slope relative to so- called angle of repose threaten severe financial and personal hardship with continuing erosion. Neighbors orrthe eastern side of Baxter Road are similarly affected, so grant of Special Permit and Variance relief would not be more detrimental to the neighborhood of the public good but in harmony with shared interests and in conformity with the intent and -2 urpose of zoning. Land in the R -2 district is not generally affected by this topography and soil condition peculiar to the Sankaty bluff. 6. We understand that the Planning Board and likely the Conserva- tion Commission favor the requested relief. One neighbor urged a setback no less than 10 feet to permit off -road parking, ample room for fire trucks, etc. In the recent Baxter Road cases, we have been mindful of the shoulder between the Baxter Road paving and the front property lines, allowing different reduced setbacks with the hoped result that building fronts, after relocations are complete, will have a general alinement some 30 feet or more eastward from the easterly edge of the paving. We think any eastward widening of Baxter Road is extremely unlikely where (027 -88) 1 -3- erosion threatens. 7. Under the foregoing circumstances and mindful of the White- head 002 -88 precedent, we condition relief on-the main house being reloca- ted in substantial conformity with the Exhibit "A" site plan, with 10- foot front -yard setback. The sun room cottage may be relocated now to a site at least 12 feet eastward of the main house but may be relocated further west as shown on Exhibit "A" whenever the bluff erodes to within 20 feet of the cottage's present site. In any event, the pre - existing residential uses of the buildings on the property may be continued in the new locations. 8. Subject to the foregoing conditions, this Board by UNANIMOUS vote GRANTS to Applicant the requested VARIANCE from the 30 -foot front - yard requirement of SECTION 139 -16A and SPECIAL PERMIT under SECTION 139 -33A to alter the locations of the buildings and continue their pre- existing residential uses. Dated: April � , 1988 Nantucket, MA 02554 rrt�d Get William R. Sherman Dorothy D. Vollans Dale W. Waine 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 STREET, NANTUCKET, on the Application of Anna F. Golding (0Z7 -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 10 feet from the Baxter Road street line. Applicant also seeks a SPECIAL PERMIT pursuant to SECTION 139 -33A to alter a pre- existing non - conforming use (three dwelling units on a lot) by altering the location of two of the structures. The premises are located at 99 BAXTER ROAD, SIASCONSET, Assessor's Parcel 48 -018, Land Court Plan 14263 -A, Lot 8 zoned RESIDENTIAL -2. yew a�7,4 k-e r c xrr, Chairman BOARD OF APPEALS srm #32 IWA Form 1 -87 APPLICATION NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): Anna F. Golding Mailing address: P.O. Box 295, Siasconset, MA 02564 applicant's name Same lailin address: Same Location of lot(s): Assessor's map and parcel: 48 -18 Street address 99 Baxter Road Registry LC PL, AMX)M9X ' ;XX'AXAfL 14263 -A Lot 8 ? fl ref. 6102 Subdivision Endorsed / / ANR? Date lot(s) acquired: 12/ 2/ 70 Zoning district R2 Number of dwelling units on lot(s): Rental guest rooms (,ornmercial use on lot(s): None MCD? I�uilding date(s): all pre -'72 zoning? yes or Building permit application -Nos. and dates C of 0? (:ase No(s). or dates all prior BOA applications: None State fully all zoning relief sought together with all respective Code sections andlsubsections, 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: Ap_p1i cant sPPks variance. relief Pursuant to Section 139 -32A for a waiver of theFfront yard setback requirements from 30' to 10' to relocate the existing house from the rear of the lot near the bluff closer to Baxter Road. _ Duejto the natural erosion of the bluff the house in danger of being destroyed. Applicant also seeks a special permit pursuant to Section _ 139433A to alter a pre- existing, nonconforming use (three dwelling units on a lot)by altering the location of two of the structures. f ?nclosures forming part of this Application: Suppfement to above Site /plot plan(s) X with present /proposed structures Locus map X Floor plans present /proposed Appeal record Needed: areas frontage setbacks CCR% - parking data Assessor's certified addressee list (4 sets) , X . Mailing ;labels► (2 -sets) 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'trua t best of my knQWledge, under pains and penalties of perjury. `signature: Applicant Attorney /agent X Foam [ Book 31 Transfer Certificate of Title. No. Page 102 6102 From Transfer Certificate No. 4900 . Originally Registered January 24th, 19 64, is Registration Book 24 Page 164 for the Registry District of NantucketCounty. Thilli Ig to Catltp that ANNA F. GOLDING ' of Nantucket in the County of Nantucket and Commonwealth of Massachusetts, married to Ardale V. Golding is the owner in fee simple. of that certain parcel of land situate in Nantucket In tl,e County of Nantucket and said Commonwealth, bounded and described as follows: I+ESTERLY by Atlantic Street, one hundred sixty -six and 65/100 (166.65) feet; NORTHERLY by a way twenty (20) feet wide, one hundred fifty and 40/100 (150.40) feet; EASTERLY by land now or formerly of the Inhabitants of the Town of Nan- tucket, Trustee, one hundred sixty -four and 48/100 (164.48) feet; and SOUTHERLY by land now or formerly of Lewis C, Henry, one hundred fifty ' and 95/100 (150.95) feet, All of said boundaries are determined by the Court to be located as shown upon plan numbered 14263 -A, drawn by J. H. Robinson, Surveyor, dated April 1 ?30, and filed with Certificate of Title No. 1818 at the Registry District of Nantucket County. Said land is shown thereon as Lot H. So much of the above described land as is included within the limits of the fifty (50) foot strip adjoining the easterly line of Atlantic Street is subject to such rights of way as may legally exist. And it is further certified that said land Is under the operation and provisions of Chapter 185 of the General Laws, and that the title of said ANNA F. GOLDINC to said land is registered under said Chapter. subject. however, to any of the encumbrance► mentioned In Section forty -sla of said Chapter, which may be subsisting. and sublect also = twaforesaid. Wtraess, ELWOOD H. HETTRICK, Esquire, Judge of the Land Court, at Nantucket in the County of rantucket the second day of December in the Vest nineteen hundred and seventy at eleven o'clock and fifty minutes in the forenoon. Attest, with the Seal of said Court, Land Court Case No. 14263 Assistant Reconler. Document No. 12326 T W N Q u F OC W u N 1� Z 0 W m DC u N W 0 e W F 0 N W Z Im cm i u Z W W 0 Q 09 Wt i i II ' C I o� z� i i as p � Ii I 0 � I d i