HomeMy WebLinkAbout027-88Y
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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
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