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Home My WebLink About032-91TOWN OF NANTUCKET BOARD OF APPEALS Nantucket, Mass. 02554 C> 3.--D- :�l To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 032 -91 Owner /Applicant: DOROTHY RAUCH Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. 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 a certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20)—days. n Date:. bert \T. ILeichter, `dhairman cc: Town Clerk Planning Board Building Commissioner BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS DECISION: The Nantucket Board of Appeals, acting, at a public hearing held on Friday, May 17, 1991, at 1:00 pm, at the Town and County Building, Broad Street, Nantucket, MA, made the following DECISION upon the application of Dorothy Rauch, c/o David J. Moretti, N.P.P. Suite 64, Nantucket, MA 02554, (032 -91): 1. The Applicant has sought a Variance pursuant to Section 139 -32A of the Nantuc e ZZon}} from the front yard setback requirements of the All r��vJ � 1plaw, as to allow the applicant to construct a single - family dwelling structure at 82 1/2 Baxter Road (Assessors Map 49- Parcel 38), substantially as is shown on the site plan submitted with the Application, 15 feet from the front lot line. The property is situated in the LUG -3 District, but abuts the less restrictive R -2 District. The premises is owned by Dorothy Rauch, Certificate of Title No. 10629, and is shown as Lot 10 on L.C. Plan 9710 -F. 2. Our findings are based upon the application papers, addenda to the application, including site plans, copies, representations and testimony presented at the hearing. The recommendation of the Planning Board was favorable, and no opposition was heard at the public hearing. 3. In support of this request for Variance relief, we find as follows: A. Owing to circumstances relating to the soil conditions, shape and topography of the property, but not generally affecting the zoning district, a strict application or enforcement of the front yard setback requirements will work a substantial hardship, financially or otherwise upon the Applicant. The instant property contains wetlands in the rear or westerly portion. We are told by Applicant, and confirmed by Mr. Bruce Perry- Administrator for the Nantucket Conservation Commission, that a required fifty -foot setback is imposed by the Nantucket Wetlands By -law, as measured from the wetlands to the proposed structure. It was further represented that the Conservation Commission is considering a partial waiver of their setback requirements, but will require a twenty -five feet (25') buffer and a thirty feet (30') setback to the structure. Given this condition which arises out of the topography and soil conditions on the lot, we therefore find the necessary hardship for the grant of Variance. B. Our granting relief hereby will not derogate from the Zoning By -law's intent and purpose, and will not cause detriment to the public good. As shown on the application plans and reiterated at the hearing, the paved surface of Baxter Road is substantially further from the proposed structure than is the front lot line. Indeed, while the relief hereby granted will reduce the setback from t_le existing public roadway layout to fifteen feet (15') (reduced from the required 35 feet), a separation of approximately 35 feet wi'1 be maintained from the actual, physical roadway surface. Th :s separation between structures and the street are not uncommon in type or degree on Baxter Road. THEREFORE, upon a motion duly made and seconded, this Board voted, UNANIMOUSLY in favor to grant Applicant relief by VARIANCE i3q -((of to reduce the front yard setback requirements from 35 feet under, the Zoning By -Law, to 15 feet from the front lot line, so as to ►C allow construction of the proposed dwelling structure at 82 1,2 ^w1 Baxter Road, being Lot 10, L.C. Plan 9710 -F, substantially as located on the application plan, a copy of which is annexed hereto anted. incorporg"ed herein by this reference. I,Wi MIN 11301 J/�lf�► i►i w � �D C Linda F. Williams Sian tftba_ Ann Balas A: ZBA- DEC.DR Ul- o ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held at 1:00 P.M., Friday, May 17, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: DOROTHY RAUCH Board of Appeals File No. 032 -91 Applicant is seeking a Variance under Section 139 -32A of the Zoning Bylaw from the requirements of Section 139 -16A (Intensity regulations, front yard setback) to permit applicant to construct a single family dwelling 15 + feet from the front lot line and approximately 35 feet from the paved surface of Baxter Road in order to maintain a larger buffer zoned between the proposed dwelling and the wetlands on the rear of the lot. The premises are located at 82 1/2 BAXTER ROAD, SIASCONSET, Assessor's Map 49, parcel 38, as shown on Land Court Plan 9710 - F, Lot 10. The property is zoned LUG -3. Robert J. I�ichtt'er, Chairman 'BOA Form 1 -09 NANTUCKET ,TOWNTAND COUNTY �BUILDING PEALE3 JJ�Date NANTUCKET, MA 02554 CASE NO.03z -� APPLICATION FOR RELIEF Owner's name(s): DOROTHY RAUCH Mailing address: c/o David J. Moretti, NPP Suite 64, Nantucket, MA 0255: Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number 49- 38 Street address: 82 -1/2 Baxter Road Registry Land Ct Plan, Rk=xHkx &xRgxaxxRkRRxRii9 9710 -F Lot 10 Date lot acquired: _/_ /_ Deed Ref 4746 Zoning district LUG -3 —,— Uses on lot - commercial: None x or MCD? - proposed - number of: dwellings 1 duplex_ apartments_ rental rooms C of O? — Building date(s): all pre - 8/72? x or — Building Permit appl'n. Nos. Case Nos. all BOA applications, lawsuits: State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge I -or IIoA to makel each f i nil it I'inci 5l:19, 33A 139 -32A x_ if Variance, 139 -30A if a Special 1 et -M >eal< tet' ] 39 -31A if to alter or extend a noncono nniny use). :[f appeal [ 2 & B _ , attach decision or order appealed. OK to attach addend wn . Pursuant to Section 139 -32A, Applicant seeks a variance from the frontyard setback requirements of Section 139 -16 Intensity Regulations. If granted, Applicant will be allowed to construct 3a5 +single-family e sing-f milythe dwelling 15 feet from the front lot line and paved surface of Baxter Road. The frontyard setback in the area is 35 feet. The reason for the relief request is to help accommodate maintenance of a buffer zone from wetlands on the rear of the lot, as required by local wetlands regulations. Items enclosed as part of this Application: orders addendum I.,ocus map_ Site plan_ showing present -I planj—ied approved?—) s l-uu e. Floor plans present_ proposed— elevations ( parki data Listings lot area frontage setbacks___ GCR _ l e Assessor_ list 4 sets _ mailing labels "). sets 200 fee payable to 'Town of Nantucket proof 'cap' covenant. — (If an appeal, ask Town Clerk to'send Uldq COmr'5 record to BOA.) I certify that the requested information submitted is substantially ,complete and true to the best of my knowledge, under the pains and penalties of p_ jury. SIGNATUIZE (//� Applicant Attorney /agent 3(If not•o ner o wner's attorney, enclose proof of authority) FOR BOA OFFICE USE /. s for BOA on t�J ' L bY__ -�� Application copies rec d: 4 l/ or— �1-� -�e be A complete?_ One.,copy filed with Town Clerk on C/ %�� One copy each to Planning Bd and Building Dept%_/ , try 6, J/ waived? " $200 fee check given wn 'Pr /easure� e ` T b�� — Ilearing notice postedb��/ mail _/3-/VI & nearing(s) on—/_-/— cont'd to--I--J—, —/—J— withdrawn ?//— made filed TCee— mailed —/- Decision due by��— ��— lawsuits other See related cases