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ZBA approves setback variance for Conroy property at 18 Madakasham Valley Road
Summary
The Zoning Board granted a variance to allow relocation of the primary dwelling and removal of an accessory structure at 18 Madakasham Valley Road, permitting the house to move as close as the lot line (up to 0 feet) to address erosion and topographic hardship; conditions restrict future expansion and require as-built documentation through the building department.
The Town of Nantucket Zoning Board of Appeals approved a variance for Jim and Roberta Conroy allowing relocation of the primary dwelling toward the front lot line at 18 Madakasham Valley Road to address erosion-related hardship.
Attorney Rick Bodette told the board he had renoticed the application to allow the dwelling to be moved to as close as 0 feet from the property line, while explaining the applicants were not certain they would exercise the full 0-foot option pending HDC and building-department review and cost estimates. Bodette said the change gives flexibility to respond to the lot’s erosion and topography.
Board members discussed the potential implications if the work encroached on the town’s traveled way or required a license from the town; staff noted the application had been advertised to permit either a special-permit modification or a variance, and that a variance would replace the existing special permit if granted. No letters in opposition were reported.
During deliberation the board reviewed the statutory variance standard (Mass. Gen. Laws chapter 40A §10 and local bylaw section 139-32), found that the lot topography and other circumstances supported a variance, and placed conditions on the approval: substantial compliance with the approved plans and requirements to remove the existing nonconforming shed and to relocate structures in a manner consistent with the decision. Board members also discussed filing as-built information with the building department after construction.
A motion to grant the variance with stated conditions was made, seconded, and carried. The board recorded that the variance nullifies and replaces prior special-permit approval to the extent affected and that any future expansion within the front-yard setback requires further relief.
