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Home My WebLink About028-88TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April El , 1988 Re: Decision in the Application of TOBEY G. SHAW (028 -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. cc: Building Commissioner Planning Board Town Clerk William R. Sherman, 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 TOBEY G. SHAW (028 -88) address c/o Reade and Alger, Box 2669, Nantucket, MA 02584. 1. Applicant requests a VARIANCE from Nantucket Zoning By -Law SECTION 139 -16A (Intensity Regulations: Front Yard Setback) in order to enable the moving and relocation of the existing dwelling house upon her property Ca a location within the required 30 -foot front yard set- back, because of rapid erosion of the coastal bank on her _property. The premises are located at 117 BAXTER ROAD, SIASCONSET (Assessor's Parcel 48 -9), and are zoned RESIDENTIAL -2. 2. Based upon the matters presented to us at the public hearing including a site plan, existing and proposed (our Exhibit "A "), and our knowledge of the conditions affecting the property, this Board finds that severe and rapid erosion of the coastal bank at Sankaty Head is imperilling the existence of the house upon the premises, and other houses along the easterly side of Baxter Road. If these houses cannot be moved, they are in danger of tumbling down the bank as a result of continuing erosion. The Applicant's house is now about 32.5 feet from the edge of the bank, with an erosion loss of about 47.5 feet since 1981 at the adjacent edge of the bank. Existing and proposed locations on the lot for Applicant's dwelling are shown on Exhibit A but proposed 11 -foot setback is to be one foot. 3. Under these circumstances, we have no difficulty in finding that, owing to circumstances relating to the soil conditions and topography of the subject premises (consisting of the instability and erosion of the coastal bank), and especially affecting the subject premises but not affecting g!verally ik,?_ zoning district in which they are located (in that only the properties on the easterly side of Baxter Road near Sankaty Head are affected, not Residential -2 lots generally), a literal enforcement of (C28 -88) -2- the by -law would involve substantial hardship, financial or otherwise (consisting of eventual physical loss of the buildings upon the premises as a result of continuing erosion) to the Applicant; and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the by -law (in that the potential loss of structures by ero- sion can result in adverse public consequences, and the fact that the easterly line of Baxter Road lies about 30 feet from the easterly edge of the paved roadway, thus resulting in a de facto front yard about equal to the required minimum). 4. Accordingly, the Board GRANTS relief by VARIANCE to permit the moving and relocation of the dwelling house upon the premises as L shown on Exhibit "A" but to a location at least one (1) foot Aeasterly fei line of Baxter Road, by UNANIMOUS vote. Dated: April S , 1988 Nantucket, MA 02554 lwe�elld�l' 4�6v. William R. Sherman Dorothy D. Vollans Dale W. Waine TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Re: Decision in the Application of C) foe -c� � s-�aw Coz_i'r -RT) ME nc- 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 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 March %�F�, 1988 Ronald Santos, Building Commissioner Building Department Town of Nantucket East Chestnut Street Nantucket, Massachusetts 02554 Re: Tobey G. Shaw 117 Baxter Road BOA File 028 -88 Assessor's Parcel 48 -9 Dear Mr. Santos: This will confirm that the Board of Appeals on Friday, March 25, 1988, at its regular public hearing, took up a request for emergency relief, under Zoning By -law Section 139 -26.H, from Ms. Tobey G. Shaw, in response to a letter from her counsel dated March 25, 1988. We voted to grant variance relief to Ms. Shaw at the public hearing on her application, also on March 25, 1988. However, the appeal period from our grant of variance will not expire until 20 days have passed since the filing of our decision with the Town Clerk. in this circumstance, we are presuaded that. emergency relief is necessary because of rapid erosion of the bank at the ocean side of her property, similar to that on other Baxter Road lots. Proper development of the Baxter Road community will not. occur if oceanside houses are allowed to topple over the bank. Accordingly, pursuant to Section 139 -26.H, you are authorized to issue a temporary permit for the non - conforming structure and resulting use, with relocation of the Shaw house into the required 30 -foot front yard setback. The decision to issue the permit is, of course, yours. This Board recommends that any permit issued by you follow the same provisions as those which we voted to follow in granting variance relief, namely, that the deck upon the Baxter Road side of the house be at least one foot from the line of Baxter Road (and thus about. 31 feet from the edge of the road pavement). Of course, a Ronald Santos, Building Commissioner March 1988 Page Two 10 -foot side yard setback should be maintained. Applicant's counsel assures us that Ms. Shaw accepts the risk that an appeal may be filed from our grant of variance relief, and thus that the effectiveness of our decision may be delayed or lost. The temporary permit is authorized for the remainder of 1988, unless further extended by this Board, and shall be superseded when and i.f a building permit is issued pursuant to the variance grant. William R. Sherman, Chairman Board of Appeals cc: Reade & Alger Professional Corporation Conservation Commission Department of Public Works Planning Board Town Clerk Copy to abutters to be mailed with variance decision /4/Y-tWV-'% V I'lttfoe N 0 T I C E 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 BUILING, FEDERAL and BROAD STREETS, Nantucket on the Co application of TOBFY G. SHAW,,,, seeks-fig a VARIANCE from Zoning By -Law Section 139 -16.A (Front Yard Setback) to enable the reloation of the existing single - family dwelling within eleven feet. of the road. The Premises are located at 117 BAXTER ROAD (Assessor's Parcel 48 -9) and are zoned RESIDENTIAL -2. Andrew J. Leddy, Actin�Chairman BOARD OF APPEALS BOA Form 1 -87 APPLICATION'- NANTUCKET 'ZONING BOARD OF APPEALS ( "BOA") �� owner's name(s): Tobey G. Shaw Mailing address: c/o Reade & Alger Prof Corp. P O Box 2669 Nan ticket, Massachusetts 02584 Applicant's name Mailing address: Location of lot(s): Assessor's map and parcel: 48 -9 Street address 117 Baxter Road Registry LC PL, PL BK & PG, PL FL 2,81 Lot 2 &3 (Part) Deed ref. 271 -102 Subdivision Endorsed _ /_ /_ ANR? Date lot(s) acquired: 3/ 23/ 87 Zoning district Residential -2 Number of dwelling units on lot(s): One Rental guest rooms None Commercial use on lot(s): No MCD? No Building date(s): all pre -'72 zoning? No or Building permit application Nos. and dates C of 07 Case No(s). or dates all prior BOA applications: 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 byAppeal per -31A & B: Applicant requests relief by Variance from the front yard setback requirement of 30 feet required by Nantucket Zoning By -Law Section 139 -16.A in order to enable the moving and relocation of the existing house by reason of severe storm damage and erosion of the coastal bank at Sankaty Head. The applicant proposes to relocate the house reaching a point about eleven feet of the boundary of the property with Baxter Road. Enclosures forming part of this Application: Supplement be above Site /plot plan(s) X with present /proposed structures X Locus map Floor plans present- /proposed Appeal,record' Needed: areas frontage setbacks GCR% parking data Assessor's certified addressee list (4 sets)- IX .Mailing -labels) (2:-s�ts) 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 J&he be st, of mji knowledg , under pains and penalties'of perjury. Signature: Dom, Applicant Attorney /agent (If not owner, show basis for authority."L-o- apply':).: FOR OFFICE USE �(or 1,1") for (` 3/ /A_ by Application copies received: only ? One copy given Town Clerk // by Complete? One copy sent to Planning Board and to Building Dept. _�by $150.00 check given To Treasurer Notices of hearing posted// mailed /2 published Hearing(s) held on _ /_ /_ continued to _ /_ /_, _ /_ /_ withdrawn? Decision made _ /_ /_ filed with Town Clerk _ /_ /_ mailed _ /_ /_ See related files: application - litigation - other