HomeMy WebLinkAbout091-880 4? /- s:x;?
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
October 13 , 1988
Re: Decision in the Application of
WILLIAM B. AND MARILEE MATTESON (091 -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 Tuesday, October 4, 1988,
continued from Friday, September 30, 1988, at 1:00 p.m. in the Town and County
Building, Nantucket, MA, made the following decision upon the Application of
Marilee B. Matteson and William B. Matteson (091 -88).
1. Applicant seeks a VARIANCE from the 30 -foot front yard setback requirement
of Section 139 -16A of the Zoning By -Law to allow relocation of their existing
single - family dwelling, with some alterations and additions, from its present
location near the bluff to a site having a zero (0) frontyard setback. The
premises are located at 105 Baxter Road.
2. Our findings are based upon the Application papers, viewings, HDC approved
plans and reviewed plans, testimony, representation and documentary submissions
at our 9/30/88 and 10/4/88 hearings.
3. We find that the severe and rapid erosion of the coastal bank at Sankaty
Head imperils the continued existence of the house as it presently sits. Therefore,
owing to circumstances relating to the noted eroding soil condition and topography
of the lot, not generally affecting the R -2 District, a literal enforcement of
the 30 -foot setback would work a substantial hardship in the risk of loss of the
house over the bluff.
4. Moreover, relief can be granted without substantial detriment to the
neighborhood and without nullifying or substantially derogating from the intent or
purpose of the Zoning By -Law, provided reasonable conditons are employed. That
is, the application seeks to move the house westward on the lot maintaining the
same elevation it presently enjoys. However, because of the sloping topography,
maintenance of the height would require substantial filling in order to stay within
the 30 feet height limitations imposed by Section 139 -21 of our By -Law. On
the other hand, we realize that the Matteson house,presently at the highest point
of the bluff, stands above neighboring dwellings. Also by bringing the house
forward and down, there will be some loss of ocean view from the first floor.
That loss, however, will only be temporary, as the view will improve as the bluff
erodes. Therefore, we find that some fill should be allowed, but that the
elevation of the house, as it relates to sea level, should be reduced from that which
exists and was proposed.
Also, the house should be setback from the front property line. In ti-.is
case a front deck and a one story wing are to be added which will help to limit
the impact of the main portion of the house. Nevertheless, some reasonable setback
from the roadway layout of Baxter Road is prudent and reasonable. The actual
road surface is approximately 15' at it s closest point where the house was originally
proposed. The land between the road and the property line forms a heavily vegL�tate4
berm, but there is no guarantee that that situation will be maintained, even triough
the HDC has conditioned its approval on the maintenance of the existing foliag_
which will help to hide the building.
n
-2-
S. Accordingly, by majority vote, (WAINE, DOOLEY, LEICHTER, O'MARA in savor
SHERMAN opposed) the Board GRANTS to Applicant a VARIANCE for relocation and
alteration of existing single - famliy dwelling substantially in conformance with
the plans dated September 6, 1988 and approved by the HDC and revised as of
October 4, 1988 PROVIDED, however, that the structure be setback from the front
property line such that it shall not be less than 6 feet from the front property
line and its closest point and PROVIDED FURTHER that the dwelling after alteration
and relocation shall not exceed an elevation of 103.3feet from sea level measured to
the finished floor elevation.
Dated: October t3, 1988
Nantucket, MA 02554
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BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
At a public hearing on Monday, September 23, 1988,
at 1:00 p.m. in the Town and County Building, Nantucket,
on the Application (091 -88) of WILLIAM B. and MARILEE B.
MATTESON, the Nantucket zoning Board of Appeals made the
decision separately reported and filed concurrently with
this dissenting opinion. This dissent is on the following
grounds:
1. variance relief is granted to Applicants because
erosion of Sankaty bluff northeasterly of the property
endangers long -term stability of Applicants' dwelling.
This is the same grounds as for variance relief this Board
has granted to their neighbors to the north and south. See
variance grants to Shaw (028 -88), Bloomberg (026 -88),
Weisskopf (020 -88), Moynihan (042 -88) and Spoor (025 -88),
Golding (027 -88), Whitehead (002 -88), starting at the
north and continuing south of Applicants. The house
relocations undertaken by such neighbors are shown on
Applicants' topographical map of the bluff. The setbacks
we have allowed from the Baxter Road street line range
from one foot for Shaw and Bloomberg nearest the Sankaty
Head lighthouse at the north end of the road to 15 feet
for Whitehead at the south end. In between, we allowed
none closer than 10 feet. Here, the Board inconsistently
allows as near as 6 feet - and for a house that is said
to be the tallest.
2. Moreover, the Board here allows such extensive
backfilling around the relocated house that its entry
threshold drops only 3 feet while the contour of the site,
if followed, would have resulted in an about 8 -foot drop
in elevation. The obvious result is that the house, now
allowed to be very close to the Baxter Road right -of -way,
will stand artificially higher by at least some 5 feet.
Mean grade is not to exceed 30 feet, but that simply means
that backfill extending outwardly from the foundation
perimeter at least 4 feet will be built up to keep the
measurement of "mean grade" within the 30' limit.
3. The only rationale given by those voting in favor of
this variance is that Applicants want to keep undiminished
their views of the Atlantic Ocean to the east while
r,:locating their house for long -term stability. No similar
concern was shown neighbors, nor is such concern a proper
basis for fashioning this relief by variance. Here, the
continuing erosion of the bluff will necessarily restore
any loss of view.
4. To the extent relief might have been accorded
File No". 091 -88
influenced by the prior design approval given by the
Historic District Commission, we heard unchallenged
testimony that the HDC relied heavily on the dense
scrub -oak screening in front in allowing siting with zero
front yard. The HDC did not realize that the screening
relied on was not on Applicants' lot but on public land.
If vegetative screening is needed to justify so tall a
house so close to the street, I question why this Board
does not even condition its variance grant on maintaining
vegetative screening. Applicants have admitted that
vegetative screening in their front yard will necessarily
be destroyed in their proposed relocation of the house.
Hopefully, some w -1 remain on their property with the
requirement of a foot setback, and perhaps privet or
other more effective screening will be added.
5. For these reasons, I can, in good conscience, only vote
against the variance relief here granted, for lack of
conditions more consistent with prior variance grants and
with the purpose and intent of the zoning Code in serving
the public good.
Dated OC*OtOk L-15" 1988
William R. Sherman
- 2 -
- .0 ,
Mr. Ronald Santos
Building Commissioner
Torn of Nantucket
Annex Building
Nantucket, MA 02554
Dear Mr. Santos:
TOWN OF NANTUCKET
B O A R D O F A P P E A L S
NANTUCKET, MA 02554
August 26, 1988
RE: Matteson, 105 Baxter Road
BOA file 091- 98, Assessor's
Parcel 48 -015
This will confirm that the Board of Appeals on Friday, August 26, 1988,
at its regular public hearing took up a request for emergency relief from
William B. Matteson and Marilee B. Matteson. This was done in response to
their counsel's letter of August 18, 1988,under zoning Code Section 139 -26H.
We will schedule for September 23, 1988, the hearing, after notice to
i the public, of their application for variance relief. We are persuaded, however,
that emergency relief is necessary because of rapid erosion of the bank at
the ocean side of their (and other Baxter Road) property. Proper development
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 to the Matteson's, subject to appropriate conditions after
public submissions. See our Whitehead file 002 -88 and Weisskopf, file 020 -88.
Accordingly, pursuant to Section 139 -26H, you are authorized to issue a
temporary permit for the non - confirming 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. If the front deck is kept as is, the front building line
of the house (on its new foundation) would likely be setback "&-A- +o feet
from the street line.
Applicant's counsel assures us that the Matteson's accept the risk chat
a valid variance may not be granted or its conditions onerous. We are mindful
of concerns about siltation during house relocation and run -off and catch -
basin clean -up afterwards.
r,
Mr. Ronald Santos
Page 2
August 26, 1988
The temporary permit is authorized for the remainder of 1988, unless 11
furthet extended by this Board, and shall be superseded when and if a Building
Pend 'is issued pursuant to a variance grant.
copy of this letter, comments of the DPW and Con Comm are invited for
our September 23, 198-8, hearing.
Z-4 �u V
William R. Sherman
Chairman
Board of Appeals
cc: David J. Moretti, Esquire
Conservation Commission
Department of Public Works
Planning Board
Town Clerk
Copy to abutter's to be mailed with
variance decision
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
September 6, 1988
NOTICE
A public hearing of the Board of Appeals will be held
on Friday, September 23, 1988, at 1.:30 p.m. in the Town
and County Building, Nantucket, on the Application of:
WILLIAM B. and MARILEE B. MATTESON
Board of Appeals File No.011 -88
seeking a variance from the 30 -foot front -yard setback
required by Section 139 -16A to allow relocation of their
existing single - family dwelling back from the eroding
Sankaty bluff to a site with zero front -yard setback,
about a 15' distance from the Baxter Road paving. The
premises are at 105 Baxter Road, Assessor's Parcel 48 -015,
Land Court Plan 9312 -A, zoned Residential -2. See temporary
permit 091 -88 authorizing relocation.
William R. Sherman, Chairman
BOA Form 1 -87 No�-
ARPE10AXION'.'
�.. NANTUCKET ZONING BOARD OF APPEALS ( "BOA ")
ti
Owner's name(s): william B: &•Marilee B. Matteson
Mailing address: 875 Third Avenue New York NY 10022
-.-Af plicant' s name : same as above
Maling'address: It "
.. ocation of lot(s): Assessor's map and parcel: 0048 -015
Street address 105 Baxter Road
Registry LC PL, &L 9312 -A Lot A Deed ref. . 5���t'
Subdivision Pre -1955 EndorsedN/A /_ /_ ANR? N/A
'':Date lot(s) acquired: 11 /14/ 69 Zoning district R2
Number of dwelling units on lot(s): 1 Rental guest Looms None
Commercial use on lot(s): None MCD? N/A
Building date(s): al-1 pre -'72 zoning? Pre -1972 or
Building permit application-Nos. and.dates None C of 0?
Case NOW. or dates all '-prior BOA-applications: 091 -88
.State fully all zoning relief sought together with all respective Code sections
:'and subsections, specifically, what you propose compared with present and
`Xts
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'byyAppeal` per =31,A & B:
Applicant requests relYef ' by "VARIANCE pursuant to Section'139= 32A.from the front yard
. setback requirements of 130 -16 Intensity Regulations. If granted, Applicant will be
allowed to relocate the existing structure, with some modifications, within the 30 -foot
W= "�aY_.: .vs.+� �. " ^' �R f�(il�aNr' : ` c .
front and setback from Barer 'Roa`c' . �ns`o ar a tie "e irg trank`t° `t��e 'aast: of- -the ho -use
'laces the structure at iinminent risk of destruction, Applicants request replacement at
a point having a zero (0)'setback from the front lot line, affording a maximum distance
from harms way Such placement on the lot would still leave a 15 separation between
`V '_
°" t`he house and the actual travelled surface of Baxter Road.
Enclosures forming part'of this'Application: Supplement.bo above
'` Site /plot plans) X with present /proposed structures x
Locus map x Floor plans present /proposed x Appeal :.record'
SEE PLANS
r=w Needed: areas .58 frontage setbacks GCR/, parking d$ta�_
Assessor's certified addressee list .(4"-set6'):•,x. Mailing' 1a'be19)spts�
ee check for $150.00 payable to Town of Nantucket x Cap covenant
I certify that the requested "information submitted is substantially complete
and true'" tot lie^ y owledge; ..under pains' and 'penalt,ies'.of per j'urx
. 111ka Applicant Attorney /Agent x
(If not owner, show sis for "'authority tb :`apply:: )