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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 i 4 f I J y ' 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:: )