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Home My WebLink About056-88TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June -01 1988 Re: Decision in the Application of BLACK FIN REALTY TRUST, jy'1 i� i' lh`' C `'', HO QI-) , I { /Ll 7f 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. l William R. Sherman, Chairman BOARD OF APPEALS cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS DECISION: The Board of Appeals at a public meeting held on Friday, May 20, 1988, at 1:30 P.M. in the Town and County Building, Nantucket, made the following decision upon the application of Black Fin Realty Trust, Michael J. Houlihan, Trustee (056 -88), address P. 0. Box 1120, Hyannis, MA 02602. 1. Applicant sought a VARIANCE pursuant to 139 -32A from the front yard setback requirement of 139 -16tof the Nantucket Zoning By -law as it may apply to a paper road Ballantyne Lane. Applicant also reserved at the hearing its right to challenge the application of the front yard setback to Ballantyne Lane in the first instance. Assuming for these purposes that such a front yard requirement does apply to Ballanytne Lane, the relief sought would allow the construction -of a new single - family dwelling that would be 10.5 feet from Ballantyne Lane at its closest point. 2. The locus is presently vacant land situated at 33 Baxter Road, Siasconset, Nantucket, Massachusetts. It is shown as Assessor's Parcel 007 on Map 49.2.3, and as Lot 2 on a plan filed in Nantucket Registry of Deeds, Plan File 30 -B. The locus contains approximately 21,818 square feet of area, a substantial portion of which is unsuitable for building, and is zoned R -2. The front yard setback requirement for this zone is 30 feet. 3. Our findings are based upon the Application papers, including a Certificate of Appropriateness No. 17864, plans accompanying the application, plans, photographs, copies and prints received at the hearing and representations at our hearing, and an Order of Conditions No. N -1965 (D.E.Q.E. No. 456) issued by the Nantucket Conservation Commission. 4. In support of Applicant's request for a VARIANCE under 139 -32 we find, as follows: Owing to circumstances relating to soil conditions, shaper topography of the land, but not affecting generally the zoning district, a strict application or enforcement of the front yard setback requirements to Ballantyne Lane will work a substantial hardship, financial or otherwise on Applicant. Ballantyne Lane is an unconstructed paper road which was part of the original subdivision known as Aurora Heights. Counsel for applicant represented, uncontested, that there are no public rights in this way. We make no specific finding as to the rights of third parties in and over Ballantyne Lane and note that this decision shall not affect those rights, if any. The proposed structure is to be sited 10.5 feet from Ballantyne Lane and 10.5 feet from the northerly boundary, centering it on the lot. The proposed structure and its siting have received approvals from both the Nantucket Historic District Commission and the Nantucket Conservation Commission. Moreover, a significant portion of the lot is land constituting a coastal bank and land below such bank which abuts to the east, the Atlantic Ocean. Given the location of Ballantyne Lane in relation to the topography, it cannot provide vehicular access to the east of the locus. 5. Granting relief hereby will not derogate from the Zoning By -law's intent and purpose and will not cause detriment to the public good. Moreover, our granting relief is consistent with the reasonable application of our front yard setback requirements to lots having frontage on more than one street. Here, the proposed structure is sited approximately 60 feet back from Baxtr-r Road. 6. THEREFORE, upon a motion duly made and seconded, this Board voted UNANIMOUSLY to grant Applicant relief by VARIANCE to reduce so much of the front yard setback requirement from Ballantyne Lane, only, to allow the placement or construction of a single- family dwelling structure, substantially in accordance with the H.D.C. and Conservation Commission approved plans, which will be 10.5± feet from Ballantyne Lane at its closest point. Dated: y ,OROTHY VOLLANS WILLIAM R: SHERMAN Ane&4o V_ R W J. LEDDY NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MAY 20, 1988 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica- tion of BLACK FIN REALTY TRUST, MICHAEL J. HOULIHAN, TRUSTEE (056 -88) seeking a VARIANCE from the 30 -foot front -yard setback required by SECTION 139 -16A to allow construction- of a new 1 1/2 - 2 1/2 -story single- family residence (about 60 feet back from Baxter Road) not closer than about 10.5 feet from Ballantyne Lane which extends along the southerly lot line. The premises are at 33 BAXTER ROAD, Assessor's Parcel 49.2.3 -007, Plan File 30 -B, Lot 2, zoned RESIDENTIAL -2. William R. Sherman, Chairman BOARD OF APPEALS B'OOA Form 1 -87 Noy ABPEICATTON'; ;.: NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") >�Owner's name(s): Black' Fin- Reelty Trust Michael J. Houlihan, Trustee Mailing address: P.``'0. Box 1120, H annis, MA 02602 �,.A plicant's name Same as' above Mailing 'address: 1. ' 'Location of lot(s):'Assessor.'s map.and parcel: 4923 -007 Street address 33 Baxter Road r' Registry ML1U4XTtXBXDWXRQJX PL FL 30-B Lot 2 Deed ref. 297/98 Subdivision N/A Endorsed 3 /14 /88 ANR? Yes �wDate 'Lot(s) acquired: / /_gg Zoning district R -2 Y {Y kNumber of dwelling units on lot(s): None Rental guest tOOms N/A Commercial.use on lot(s): NA" MCD? N/A n.. . Building date(s): al-1 pre -' 72 zoning?. or proposed Building permit application- Nos'. and .dates N/A C of 0? Case No(s). of dates all :prior B10k.applications: crone State fully all zoning relief sought together with all respective Code sections :xand subsections, specifically, what you propose compared with present and f _Fx- -: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.byvAppeal per -31A & B: Applicant seeks relief by'VARIANCE pursuant to 139 -32A from th6front yard setback requirements of 139 -16 as it may apply to Ballantyne Lane If granted, the Applicant will be allowed to construct a single- family dwelling that would be 10.5 feet from Ballantyne -Lane at its closest po`'-^ w " ,•. -�-�= ,....�I..ti 7 _Tn o far as a suhstnntial S *` the Sankaty Bluffs,'to strictly impose a`''second frontward setback from the uncons ructed Y� r�- . '� Ballantyne Way 'would work a''sutstant al hardship upon use of the land. Moreover, con- struction of the Proposed 'dwelling is in harmony with the purposes of the Rv law ac c „h'_ � - stant*ally demonstrated'b the favorable "`results of both H.D, and Conservation Commiss evi w o the proposal. Enclosures forming part of this,Application: Supplement o.above {'Site /Slot plan(s) with present /proposed'structures Locus map Floor lane s % sed A eal ,.record :' AV, "' pp gg g_ tt Drp p PP.. SEE SCHEDULE. ,A A.�TAC It HERE O., . Needed: areas L_ Frontage ;setbacks GCR% parking data ssessor's certified addressee list .(4'.s Ma:il.in ' labels : 2.�sets Fee check for $150.00 payable to Town of Nantucket's {'.Cap covenant I' certify that the requested information "submitted is substantially complete * and true., to a be m owled` e•" ..under ' Y g , pains and 'penalties'.of per�urx'j Signature: Applicant _ Attorney /Agent x (If not owner, show asis for authority-to,�applj ;;)'. on RE: Board of Appeals Application Black Fin Realty Trust SCHEDULE A Required Actual Area: 20,000 21,818 Frontage: 75 75 Setbacks: Front: 30 60 Front /Side: 30/10 10.5 Side: 10 10.5 Parking: 1 1 Ground Cover 12.5% 7 ±% Certificate. No. Date Issued:_ 11 APPLICATION TO THE HISTORIC DISTRICT COMMISSION Nantucket, Massachusetts for CERTIFICATE OF APPROPRIATENESS — STRUCTURAL WORK An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 Acts and Resolves of Massachusetts, 1970 proposed work as described below, and on plans, drawings and photographs accompanying this appli- cation. This is it contractual agreement. Fill out in ink. TAX MAP NO. OWNER OF RECO HOME ADDRESS: PARCEL NO. DATE: TEL. NO.: ADDRESS OF PROPOSED WORK: S avAt, t _ . d J � Meat Y (,,,, O 0-S ,5' 1 TEL. NO.: /'-2 -) �j �' NAME AND ADDRESS OF AGENT: AK jLcfiLw �Mjp: All drawings submitted must be of 4" scale and will be retained by this office. DESCRIPTION DWELLING ADDITION_ GARAGE_ COMMERCIAL_ RAZING or DEMOLITION_ OF WORK HISTORIC RESTORATION_ PAVING_ STEPS_ FENCE_ GATE_ OTHER_ - SIZE OF STRUCTURE: Length--43 ) ength 43) - a „ Width P Square Footage (S 0 0 WOOD DECK: Size Ymi'd c 15 A'AJW {Iyst Fl. (0VCtXA rr'CIj 2nd Fl. DIFFERENCE BETWEEN EXISTING GRADE AND FINISH GRADE: 1 U11 HEIGHT OF RIDGE ABOVE FINISH GRADE: Nt.27 DETAIL 1. Foundation: Height Exposed , _ Con. Blk. �/ �aB�l�k. parged Brick type 2. Chimney: Block parged Brick Type t) ICE Wood Louvers 3. Hood Garage Doors t! 4. Skylight: (Flat Only) Type r/0 N Size m4�, Qre ren • #�= tir C �NTR�5. Roof Pitch: 12- Dorm r Pitch Other 6. Roofing Material: Asphalt Wood Other 7. Leader Material Size 00"', 1pr r7; ' 8. Gutter Material r� Size nJSZ�� 9. Fascia Size U Soffit Overhang 3 t1 Rakeboard size x COO Cornerboard Size 10. Sidewall: White Cedar Shingles V Clapboard Other 11. Window style: Double hung_ Crankout muntins-1— Snap -in Grills, 12. Door type: FrontZ I hWL Rear Other Material tA� tVPrTgj1&\— Doors L0TiN6E Ep COLOR Sidewall NFT j� !� Roofing pA Trim ! t ` Foundation 1-4ray"i� C-W $ "(-Y—Fence Sash I�f C� J t Shutters NEE Deck Received by HDC office SIGNATURE OF OWNER OF RECORD VALID FOR 12 MONTHS FROM DACE OF ISSUANCE. MAY BE RENEWED. NO STRUCTURE MAY DIFFF�R FROM THE APPROVED APPLICATION. / i APPROVED COMMENTS: m 297 mi 98 DEED I, JOHN SEAWARD BAKER, of San Luis Obispo, California, for consideration paid in the amount of $ 4,cyS,000.°' , grant to MICHAEL J. HOULIHAN, as TRUST E OF BLACK FIN REALTY TRUST, under Declaration of Trust, dated A-" tf , 1988, recorded with Nantucket Deeds in Book , Page , of Post Office Box 1120, Hyannis, Massachusetts 02602, QUITCLAIM CONVENANTS, That certain parcel of land, located in Siasconset, Nantucket County, Massachusetts, now known and numbered as 33 Baxter Road, bounded and described as follows: WESTERLY by Atlantic Street (now known as Baxter Road), seventy -five (75) feet; NORTHERLY by Lot 34 on a plan hereinafter mentioned, one hundred thirty (130) feet; EASTERLY by Atlantic Ocean, seventy -five and 45/100 (75.45) feet; and SOUTHERLY by Ballantyne Lane, one hundred twenty -five (125) feet. Said land is shown as Lot 33 on a plan drawn by Wm. F. Codd, dated November 4, 1887, recorded with Nantucket Deeds-in Plan Book 2, Page 52. Together with any and all right, title and interest in and to the lands lying eastward of said Lot 33, between the extension of the northern and southern lines, respectively, of said Lot 33, with the condition that so much of said lands hereby described as lie between the east line said Lot 33 and the edge of the bank shall be kept open for the purposes of a way, together with any and all buildings thereon, and any and all right, title, and interest in and to land under the water adjacent to these lands to low water mark. All of the land above described is shown as Lot 2 on a plan drawn by Nantucket Surveyors Inc., dated February 22, 1988, recorded with Nantucket Deeds in Plan File Ro-A , bounded and described as follows: WESTERLY by Baxter Road (formerly Atlantic Street), seventy -five (75.00) feet; NORTHERLY by land now or formerly of Virginia B. Blandi, two hundred ninety -four and 04/100 (294.04) feet; EASTERLY by land now or formerly of Proprietors of the Common and Undivided Land of the Island of Nantucket Trustee, seventy -two and 82/100 (72.82) feet; and E P�- 1 &%� 297 rnc-t 99 SOUTHERLY by land now or formerly of Robert B. Coffin and Ballantyne Lane, two hundred ninety -six and 45/100 (295.45) feet. Said Lot 2 contains 21,818 square feet, more or less, according to said plan. Said land is conveyed subject to the following matters: (a) Real estate tax assessed by the Town of Nantucket for the fiscal year 1988 which are not yet due and payable. (b) Provisions of an Order of Taking for the layout of Atlantic Street (now known as Baxter Road) by the County of Nantucket, dated October 29, 1975, recorded with Nantucket Deeds in Book 151, Page 224. (c) Provisions of an easement for a footpath as set forth in a deed dated March 1, 1913, recorded with Nantucket Deeds in Book 95, Page 424. For title, see deed of William Imhof, Executor of the Will of Elihu Church, dated July 10, 1964, recorded with Nantucket Deeds in Book 126, Page 279, death certificate of Joshua Baker, Jr., recorded with Nantucket Deeds in Book 278, Page 34, and deed of Theodora M. Baker, dated March 31, 1987, recorded with Nantucket Deeds in Book 276, Page 323. Executed and sealed on April LZ 1988. IIANTUCKET COON" ItfcMted etd Eclnt rmd/y� APR 1 988 � j IS I "I•. Seawar a er Attest �t � STATE OF C IFORNIA FTcpister San Luis Obispo, ss. April L,L , 1988 Then personally appeared the above -named John Seaward Baker and acknowled the foregoing instrument to be his free act and deed, before me, COMrrM101NWEA`L OF yMASSSSACH*USSEEM 7h lr_1�. f�:.'fJ.I 16 8 4. 00mi — /Notary Public My commission expires: p ` .-� OfFICIAI. SEA, F.A. RTI(Vt 0 i!. ••_: WK FEE %Ayp ANN SGIUSE NOT.IRYP{jM4C.CAtIFO,W4A GAN1UISO(USP000LOM MT CO..11 (.piN 2. lift O Exian. t- '?.Sllc�. 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