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Home My WebLink About030-90Form 3- TOWN OF NAM LjCJS -ET 0 ---�� BOARD 0'1� �_S NANTUCKET, M�` ^, C" T"T'TT V r 7 - D May /Y' , 1990 To: Parties in interest and othc -� concerned with the decision of the Board of Appeals in Application No.030 -90 of: Charles Darby Enclosed is the decision of the Board of Appeals which 1 -7 this day been filed with the Na t An appeal from this decision may be taken pursuant to Section 17 of Chapter 40A, Mass r Any action appealing the decision must be brought by filing a complaint in court within twenty (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of `c give- to the Town Clerk so as to be re:;L. -_ . _ ? _: in such Lwenty (20) days. T -- cc: Town Clerk Planning Board Building Commissioner BOARD OF APPEAL- TOWN OF NANTUCKET NANTUCKET, MASSACi DECISION The Board of Appeals of Nantuc,_: at a ?ublic Hearing held on Friday, May 4, 1990, at 1:00 pm in the Town and County Building, Nantucket, Massachusetts, made the follow -..,; L)ecision upon the Application of CHARLES DARBY, 70 Baxter Road, Siasconset, Massachusetts (hereinafter also 1. Applicant petitioned for a VARIANCE from the 30 -foot front yard setback requirement of r r� `_'= - r, ,_ GA "-" rD Na � .' =et Zoning By -law, to allow the construcL.L_:a or p—:ement of a single - family dwelling ten (10) feet from the front boundary line of the lot with Baxter Road. The property is situated at 119 Baxter Road. 2. Our findings are based upo,_1 -he Applicationn, papers, plans testimony, representations and documents submitted at our said hearing. Several letters were receive:? in 7,.,pport of the application. No one appeared at the hearing in opposition. 3. We find that the severe a..-apiu eresion of Lhe coasc-ai bank at Sankaty head which has imperiled the existing houses on the easterly side of Baxter Roar? ,', =ersely affect the building location on this lot. Therefore, to circumstances relating to the topography and the eroding soil condition noted above and in several of our prior cases, not generally affecting the R -2 District in which this lot is located, a literal enforcement of the 30 -foot front yard setback would work a subs~ a,-_tial ` shi1, in the risk of loss of the house to be constructed. 4. Moreover, relief can u, grariced without substantial detriment to the neighborhood and without nullifying or substantially derogating from the a c . _ .: p _1L__ thc. By -law, provided that the structure, if consumed by the forces of nature does not become a public nuisance. To nr_event this offending possible result, Applicant has a�reea accept a condition that, in the event of a casualty to the building as a result of the continued erosion of the bank, the Applicant shall forthwith obtain the necessary approvals to and clean -up any and all debris strewn over the bank and ^„ t1_o from the dwellinc: structure allowed to be built hereunder. Furthermore, -Ale note that the covered porch, at its closest point, will be located at a distance not less than 10 feet from the front property line, but it will be approximately 22 feet from the actual paved surface of Baxter Road. The full front c= i. structure will be stepped back from that point an additional 5 feet. 5. The premises are located at 119 Baxter Road, Siasconset, Assessor's Parcel 7, Map 48, as shown on Land Court Plan 29522 -A and zoned RESIDENTIAL -2. 6. Accordingly, by UNANIMOUS vote, the Boa— � .� --lis L� Applicant a VARIANCE for reduction of the front yard setback from 30 feet to 10 feet, to allow the c ^ns' . ` on ^f the r-r- ncs,�_ single - family dwelling structure suostantially in accordance with the siting and footprint shown on the Topographic Plan, drawn by Nantucket Surveyors, Inc. , dated Mi _ __-. 2 9, y � 0 and i evised "Klay 4, 1990, a reduced copy of which is annexed hereto, with the CONDITION that in the event of a casualty, to the dwelling structure allowed to be built hereunder, resulting from the continued erosion of the bank, the Applicant shall forthwith obtain the necessary approvals to and remove, at no expense to the Town of Nantucr_`�_, any and all debris strewn over the bank and /or on the beach from the said dwelling. Dated: r Willi r. ShelLkUl_ -_.d, _ . Wiill l ich ei v i�, a, c,ocrt Lei/chter <U) t c�`- NANTUCKET ZONING BOARD OF APPEALS 6 CHESTNUT STREET NANTUCKET, NA 02554 508 228 -7215 June 5, 1990 Richard S. Arnold 8 Winn Lane Nantucket, MA 02554 Dear Mr. Arnold: We have your letter of May 22, 1990 responding to ours of May 4th. Attached was your check dated 4/18/90 for $200 which we cannot accept. We are accordingly again returning it to you. As was spelled out in our May 4th letter to you, the date you received or picked up the March 14th certified letter from Building Commissioner Santos does not start the 30 day period for taking an appeal but, rather, the date of his letter - March 14th. State law does not permit us to accept an appeal filed after the close of the 30 -day period. State law also puts upon the party taking responsibility for filing a proper appeal Clerk's office. The papers must be filed. understand that if papers could simply be no record established in the Town Clerk's public would not be put on notice and the not satisfied. an appeal the in the Town You can "proferred" and office, the State statute Under State law and necessarily under Nantucket's zoning Bylaw, our Board is without power to treat the papers filed by you as an application for zoning relief. The papers are simply being retained with no findings made. As stated at the conclusion of our May 4th letter, you can still apply for zoning relief, e.g., by variance (but not by appeal). If you need help in doing so, let us know. If a proper application is to be filed, please submit a new check for the filing fee. r cc: R. Santos, Building Commissioner Joanne Holdgate, Town Clerk s William R. Sherman, Chairman r cc: R. Santos, Building Commissioner Joanne Holdgate, Town Clerk s BoA Form 1 -89 Owner's name(s): Mailing address: Applicant's name: Mailing address: NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 APPLICATION FOR RELIEF Richard S. Arnold 8 Winn Lane Nantucket, MA 02554 SAME CASE No. Location of lot: Assessor's map and parcel number 41 - 51.2 Date Street address: 8 Winn Lane Registry Land Ct Plan, Plan Bk & Pg or Plan File BK 200 PG 39 Lot 4 Date lot acquired: 77 Deed Ref _, Uses on lot - commercial: None — or Zoning district R -1 MCD? - number of: dwellings 1 duplex apartments rental rooms Building date(s): all pre -8/72? no or 2/79 C of 0? Building Permit appl'n. Nos. 1051 - 79 Case Nos. all BoA applications, lawsuits: District Court 9088 CR 0024 State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139 -32A if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3JA & B X , attach decision or order appealed. OK to attach addendum . 1) Copy of Building Commissioner letter citing violation 139 -16A 2) See Addendum n Items encl ed as part of this Application: order X addendum2 X Locus map Site plan X showing present X +planned 'structures x Floor plans present proposed elevations - (11DC approved ?_) Listings lot area frontage X setbacks X GCR X parking data Assessor- certifieU addressee ist 4 sets X ma�ling labels 2 sets_ Si200 fee payable to Town of Nantucket X proof 'cap' covenant (If an appeal, ask Town Clerk to sena-9ldg Comr's record to BOA. I certify that the requested i ormation submitted is substantially complete and true to the best my knowledge, under the pains and penalties of pe SIGNATURE• Applicant X Attorney /agent 3(If not ow or wner's ttorney, enclose proof of authority) cnn nnA nPPTrF. USE TOWN OF NANTUCKET ZONING BOARD OF APPEALS Nantucket, Mass. 02554 April 9, 1990 NOTICE OF PUBLIC HEARING A public hearing of the Zoning Board of Appeals will be held on Friday, May 4, 1990, at 1:00 P. M. in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: CHARLES DARBY Board of Appeals File No. (o 3o -9o) Seeking a variance from the provisions of Section 139 -16A (Intensity Regulations - setback requirements), to reduce the required front yard setback from thirty feet (301) to ten feet (10'). The premises are located at 119 Baxter Road, Siasconset, Assessor's Map 48, parcel 7, as shown on Land Court Plan 2'522 - A, filed in the Nantucket Registry District. The property is zoned R -2. 111h William R. Sherman, Chairman