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Home My WebLink About042-88Wnm TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 May L3 , 1988 Re: Decision in the Application of FREDERICK M. MOYNIHAN (042 -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 FRIDAY, APRIL 29, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of FREDERICK M. MOYNIHAN (042 -88) address c/o Reade and Alger, Box 2669, Nantucket, MA 02584. 1. Applicant seeks a VARIANCE from the front -yard setback require- ments of 30 feet under Zoning By -Law SECTION 139 -16A to allow relocation of Applicant's single- family dwelling from its site near the Sankaty bluff to within 10 feet of the Baxter Road street line. The premises are located at 109 -111 BAXTER ROAD, Assessor's Parcel 48 -012 and -013, Land Court Plan 9448 -B, Lots B -1 and B -2, zoned RESIDENTIAL -2. 2. Our findings are based upon the Application papers including the undated blueprint (our Exhibit "A ") showing existing and new dwelling footprints on Lots B -1 and B -2, respectively, our viewing, and representa- tions and testimony received at our 3/25/88 hearing on emergency relief and at our regular 4/29/88 hearing. See our letter of 3/28/88 to the Building Commissioner authorizing issuance of a temporary permit pursuant to Section 139 -26H. 3. We find that adjacent Lots B -1 and B -2 each have about 11,800 SF area and a Baxter Road frontage of about 80 feet. They were created by subdivision of a Lot B as shown on Land Court Plan 9448 -B dated 4/2/46. According to counsel for Applicant, unimproved Lot B -2 is buildable under the protection of Ch. 808, codified in By -Law Section 139 -33F, for the 5 -year period starting with upzoning to R -2 in 1984, notwithstanding the 20,000 SF minimum lot size requirement for R -2 lots. 4. In any event, Applicant proposes to remove his dwelling from the Lot B -1 site near the eroding bluff to a new foundation on Lot B -2 outlined on Exhibit "A" and setback 10 feet from the front lot line. Along this stretch of Baxter Road, the roadway pavement, we are told, is about 21 feet west of that lot line, resulting in a 31 -foot setback from (042 -88) -2- its edge. Such siting is considered justifiable, consistent with our grant of similar valiance relief for other homes at risk on Sankaty Head. Orientation of the dwelling will be reversed by a 180° rotation. Apart from the new foundation, no substantial structural change is proposed. 5. In view of the eroding soil condition at the bluff and risk of early loss of the dwelling by soil collapse, we are able to find the resulting hardship required for variance relief. The requested relief may be granted without substantial detriment to the public good and with- out nullifying or substantially derogating from the intent or purpose of the Zoning By -Law upon the Condition that no further dwelling or dwelling unit be constructed on-the premises and specifically on Lot B -1. A building permit issued pursuant to such variance relief would supersede a temporary permit issued following our 3/28/88 letter. 6. Such variance relief has the favorable recommendation of the Planning Board and, we understand, the Conservation Commission. No oppo- sition was heard. 7. Accordingly, this Board by UNANIMOUS vote, GRANTS to Applicant the requested VARIANCE from the 30 -foot front -yard setback required by SECTION 139 -16A to relocate his dwelling on Lot B -2 in substantial conformity with Exhibit "A" not closer than 10 feet from the street line and upon the above -noted condition. Dated: ^Iay 1988 Nantucket, MA 02554 William R. Sherman A CX L "'(YzW id�' Andrew J. Leddy, Jr. Dorothy D. Vollans TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 YY-� G wclk L9-, L�kE5' Re: Decision in the Application of ( ow - Fk) 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 j cc: Building Commissioner Planning Board Town Clerk TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 March °� 1988 Ronald Santos, Building Commissioner Town of Nantucket Building Department. East Chestnut Street Nantucket, Massachusetts 02554 Re: Frederick M. Moynihan, 109 and 111 Baxter Road BOA File v/v -88, Assessor's Parcels 48 -12 and 13 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 from Dr. Frederick M. Moynihan. This was done in response to his counsel's letter of March 24, 1988, under Zoning Code Section 139 - 26.x'. We have scheduled for April 29, 1988, the hearing, after notice to the public, of his application U�1v -88 for variance relief. We are persuaded, however, that emergency relief is necessary because of rapid erosion of the bank at the ocean side of his (and other Baxter Road) property. Proper developmen- of the Baxter Road community will not occur if ocean -side homes are allowed to topple over the bank. It appears probable that variance relief will soon be available for Dr. Moynihan, subjec-_ to appropriate conditions after public submissions. See our Whitehead file 002 -88; our Weisskopf file 020 -88; our Golding file 027 -88; our Shaw file 028 -88; and other matters pending before the Board. Accordingly, pursuant to Section 139 -26.H, you are authorize_` to issue a temporary permit for the non - conforming structure and use resulting with relocation of house into the required 30 -foot front yard setback. The decision to issue the permit is, of course, yours. This Board recommends maintaining a 10 -foot setback. The front building line of the house (on its new foundation) would then be set back about 31 feet from the edge of the roadway pavement. The existing grade of the Ronald Santos, Building Commissioner March :-'' , 1988 Page Two new location of the house shall not be changed by more than 18 inches. Applicant's counsel assures us that Dr. Moynihan accepts the risk that a valid variance may not be granted or that the conditions of such variance may be onerous. The temporary permit is authorized for the remainder of 1988, unless further extended by this Board, and shall be superseded when and if a Building Permit is issued pursuant to a variance grant.. By copy of this letter, comments of the Department of Public Worksand Conservation Commission are invited for our April 29, 1988 hearing. 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 N O T I C E A Public Hearing of the BOARD OF APPEALS will be held on FQIbig • aek(L 1988, at 3U P.M. in the TOWN and COUNTY BUILDING, FEDERAL and BROAD STREETS, Nantucket on the application of FREDERICK M. MOYNIHAN, seeking a VARIANCE from Zoning By -Law Section 139 -16.A (Front Yard Setback) to enable the relocation of the existing single- family dwelling within ten feet of the road. The Premises are located at 109 -111 BAXTER ROAD (Assessor's Parcel 48 -12 and 13), Land Court Plan 9448 -B, Lots B -1 and B -2, and are zoned RESIDENTIAL -2. �Wxsr. William R. Sherman, Chairman BOARD OF APPEALS BOA Form 1 -87 ARPEZCATION NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") No.v /iY Owner's name(s): Frederick M. Moynihan Mailing address: c/o Reade & Alger Professional Corp., Post Office Box 2669, Nantucket, MA Applicant's name 02584 Mailing address: Location of lot(s): Assessor's map and parcel: 48 -12 and 13 Street address 109 and 111 Baxter Road Siasconset Registry LC PL, 9448 -B Lot B -1 and B -2 Deed ref.Cert 8602 Subdivision Na Endorsed _ /_ /_ ANR? Date lot(s) acquired: 1/24/79 Zoning district Residential -2 Number of dwelling units on lot(s): One Rental guest Looms No Commercial use on lot(s): No MCD? No Building date(s): all pre -'72 zoning? Yes or Building permit application Nos. and dates C of 0? 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 by;Appeal per -31A & B: Applicant requests relief by Variance from the front yard setback requirement of 30 feet under 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 ten feet from the boundary of the property with Baxter Road. Enclosures forming part of this Application: Supplement bo 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):, Mailing labels) (2..sets) 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 Ae best of ay knowledge, under pains and penalties of perjury.; Signature: _ Applicant Attorney /agent x (If not owner, show basis for authority=•to "apply:) FOR OFFICE USE Application copies received: 4((or only /" ) for BOA %/ ' /��by One copy given Town Clerk �/L, y (��` Complete? 7� ( ✓' One copy sent to Planning Board and to Building Dept. by (,: /G•(('; $150.00 check given Town .Treasurer Notices of hearing posted` /� a iled /� p ublished , /z� / Hearing(s) held on _ /_ /_ continued to _ /_ / _ /_ /_ withdrawn? Decision made _ /_ /_ filed with Town Clerk _ /_ /_ mailed See related files: application - litigation - other ill!, i / W 111 � � �i ARTHUR I. READE, JR. SARAH F. ALGER KENNETH A. GULLICKSEN HEADS & A11,0E13 PROFESSIONAL CORPORATION POUR YOUNG'S WAY NANTUCKET, MASSACHUSETTS 02554 (617) 228 -3128 FAX: (617) 228 -5630 March 24, 1988 William R. Sherman, Chairman Board of Appeals Town of Nantucket Nantucket, Massachusetts 02554 Dear Chairman Sherman: MAILINO ADDRESS POST OFFICE BOX 2669 NANTUCKET, MASS. 02584 In connection with the application of Frederick M. Moynihan for a variance to permit relocation of a dwelling at 109 -111 Baxter Road, Siasconset, by reason of severe erosion of the coastal bank at Sankaty Head, request is hereby made for the issuance of a temporary permit under Nantucket Zoning By -law Section 139 -26.H, pending final action under said variance application, to allow preliminary work to proceed for the relocation of such structure in accordance with the application. Very truly yours, FREDERICK M. MOYNIHAN By his attorney, Arthur I. Reade, Jr. AIR /ejw N 0 T I C E A Public Hearing of the BOARD OF APPEALS will be held on 1988, at P.M. in the TOWN and COUNTY BUILDING, FEDERAL and BROAD STREETS, Nantucket on the application of FREDERICK M. MOYNIHAN, seeking a VARIANCE from Zoning By -Law Section 139 -16.A (Front Yard Setback) to enable the relocation of the existing single- family dwelling within ten feet of the road. The Premises are located at 109 -111 BAXTER ROAD (Assessor's Parcel 48 -12 and 13), Land Court Plan 9448 -B, Lots B -1 and B -2, and are zoned RESIDENTIAL -2. William R.!Sherman, Chairman BOARD OF APPEALS