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Home My WebLink About084-04 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ~bruor7 / , 2005" To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the fOllowing: Application No.: ()~q- 0 '-I HndreaJ fh. saul ~(J{ an&. Owner/Applicant: .D~r1/SP jlJ, 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 an 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 the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. cc: Town Clerk Planning Board BUilding Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING-TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 Assessor's Parcels 49-10 and 49.2.3-4 39 Baxter Road, Siasconset SR-2 and LUG-3 Plan Book 2, Page 52, Lot 36 and part of Lot 35; Plan Book 2, Page 5 Deed, Book 868, Page 198 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, December 10, at 1:00 P.M., in the Conference Room, in the Town Annex Building, 37 Washington Street, Nantucket, MassaChusetts, the Board made the fOllowing decision on the application of ANDREW M. SAUL and DENISE N. SAUL, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 084-04: 2. The applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law ~139-33.A (alteration or expansion of a pre-existing nonconforming structure), and to the extent necessary a MODIFICATION of the SPECIAL PERMIT relief granted in the decision in Board of Appeals File No. 008-97. The applicants propose to extend a conforming open covered porch into the required front yard setback area by about 2' 3", to provide an entryway directly into the existing basement from the exterior of the structure. The porch would corne no closer to the front lot line than the existing nonconforming secondary dwelling "garage/cottage" (sited as close as about 14.7 feet from the front lot line along Baxter Road) to which the porch is attached. Minimum front yard setback in the Siasconset Residential-2 zoning district (in which all structures upon the locus lie) is 30 feet. The locus is also nonconforming as to northeasterly side yard setback of the "garage/cottage" structure, which is sited as close as about 5.01 feet from that lot line. The locus is situated at 39 BAXTER ROAD, SIASCONSET, Assessor's Map 49, Parcel 10 and Map 49.2.3, Parcel 4, is shown upon plan recorded with Nantucket Deeds in Plan Book 2, Page 52, as Lot 36 and part of Lot 35, together with additional land formerly a part of Wilson Lane on plan recorded with Nantucket Deeds in Plan Book 2, Page 52, and additional land lying eastward of said lands, and is situated partly in the Siasconset Residential-2 zoning district and partly in the Limited Use General-3 zoning district. 3. Our decision is based upon the application and accompanying materials, and representations and testimony recei ved at our public hearing. There was no Planning Board recommendation, on the basis that no matter of planning concern was presented. Except for the presentation by the applicants' representatives, there was no support or opposition presented in person or by correspondence at the public hearing. 4. Applicants represented through counsel that the property was benefited by a previous grant of Special Permit relief in the Decision in BOA File No. 008-97, which granted relief to convert a garage structure into use as a garage and secondary dwelling, which included the construction of a second story and a single- story wing on the rear of the structure. Applicants stated that the Board of Appeals found in said decision that the "garage/cottage" structure was a pre-existing, nonconforming structure, that was sited within the required 30-foot front yard setback area. The applicants, who recently purchased the locus and plan to place a new basement under the "garage/cottage", proposed to extend the existing conforming porch about 2'3" further into the front yard setback area than the existing porch, located on the southerly side of the structure (but to a lesser extent than the pre-existing portions of the structure) in order to provide proper access into the basement of the dwelling unit within this building without passing through the garage portion of the structure. Applicant stated that there was no access into the basement possible from the living area and when a car was parked in the garage where the existing door to the basement is currently located there was no way to open the basement door, creating a potentially unsafe condition. The change would not increase the nonconforming setback distance of the structure as it now existed by virtue of its grandfathered status and the changes made pursuant to the decision in File No. 008-97. 5. Accordingly, the Board of Appeals, by UNANIMOUS vote, made the finding that the proposed alteration to the structure would increase the massing of the structure within the front yard setback area but said increase would not be substantially more detrimental to the neighborhood than the existing nonconformities, and by the same UNANIMOUS vote GRANTS relief by SPECIAL PERMIT under Nantucket Zoning By-law ~139-33.A to allow the construction of the extension to the porch as proposed, and the MODIFICATION of the SPECIAL PERMIT relief granted in the Decision in BOA File No. 008-97 to the extent necessary, subject to the condition that there shall be no further expansion of any structure upon the locus without tGrther relief from the Board of Appeals. Dated: ~yt)()~-,--, 2005 U Nancy --- Edward S. Toole 2 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, DECEMBER 10, 2004, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: ANDREW SAUL BOARD OF APPEALS FILE NO. 084-04 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33A (alteration/expansion of a pre-existing nonconforming structure/use) and to the extent necessary a MODIFICATION of the SPECIAL PEMIT relief granted in the Decision in BOA File No. 008-97. Applicant proposes to extend a conforming open covered porch into the required 30-foot front yard setback area by an additional 2'3" to provide an entryway directly into the existing basement from the exterior of the structure. The porch would come no closer to the front yard lot line than the existing nonconforming secondary dwelling (sited as close as about 14.7 feet from the front yard lot line along Baxter Road) upon which the porch is attached. The Locus is nonconforming as to northeasterly side yard setback with the garage/cottage being sited as close as about 5.01 feet from that lot line, in a district that requires a minimum side yard setback often feet; and as to front yard setback with the garage/cottage being sited as close as about 14.7 feet from the front yard lot line, in a district that requires a minimum front yard setback of thirty feet. The Premises is located at 39 BAXTER ROAD, Assessor's Map 49, Parcel 10 and Map 49.2.3, Parcel 4, Plan Book 2, Page 52, Lot 36 and Plan Book 2, Page 5. The property is zoned Residential-2 and Limited Use General-3. a~~~ Nan y J. Sevrens, C THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. , '. .' t ~ I}" . .. ..'I" NANTUCKEt ZONING BOARD OF APPEALS " 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE No.OR f -Q t ~J;lj300.00 APPLICATION FOR RELIEF OWner's name(s): An~ Sa.uJL Mailing address: q V\Je~+ S-q 1+. S+red-I, , JV.Y N Y 100 I 9 Applicant's name(s): J G~~ ~ Mailing address: ' / 3 ~se. f2d . :' . if ~ .2. 3 - tj . Locus'address: ,31 l3o....xkr?.. r2d. . . AssMT,r's"MaplParcel:_ L/1, - J{) Land Court PlanlPlan Book & PageIPlan File No.:2/>2:-t 7:/5".., f'- Lot No.:_ " i:3 cp ~ Date lot aeqnired:JJ ie.. cl Deed RefJCert. otTltle: 'iNJ sr iff 't Zoning District: R 2.- Lv~ 3 Uses on Lot - Commercial: None~ ' Yes (describe) Residential: Number of dwellingsL Duplex ' Apartments_Rental Rooms . B.illding Date(s): All pre-date 7/721 or I q 5 J ~ 4~ ICI 8 J C of O(s)? BUilding Perm'it Nos: :3105 -0 L/- - / ,//q. ()Lf P~evious Zoning Board Application No~.: CPt Co ) 2. I 1'1 q (p) ctf?- 9 7 . State below or on a separate addendum specific reli~f sought (Special Permit, Variance, 'Appeal), Section of the Zoning By.;.}aw, and supporting details, grounds for grant of relief, listing any existing nonconformities: $u.. A U-~ cI ~ :"J ''I ) ,: . J . ,.. " j ;) I certify that the information contained herein is substantially complete and true to the best of my knowledge, under t pains and penalties of perjury. SIGNATURE: JGG Applicant_ _Attorne Agent X (If not owner r owner's attorney, please enclose proQf of agency to bring this matter before Board) FOR' OFFICE USE .~' , Application received on:Ji,L. Icl By: Complete:~Need copies?: \ Filed with Town Clerk:J.L/l1/~ Plannin~ard:_I_'_ Building Dept.:-- I_/~~ ftjQAjj Fee deposited with Town Treasurer:jLji:L, ocfBy:.!fM.2 Waiver ~,ested?: G~ed: -' -' m Hearing notice posted with Town Clerk:U..ItlPf Malled:.l.Lju lI;1 I&M:..ID 'Z~ & JY 'L-,l!t Hearing(s) held on:---1_/~ Opened on:---1_I_ Continued to:---1_I_ Withdrawn?:-'_I_ DECISION DUE BY:_I_/_ Made:_I---1_ Filed wffown Clerk:_'_I_ Mailed:_I_I_ ADDENDUM Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33A (alteration/expansion of a pre-existing nonconforming structure/use) and to the extent necessary a MODIFICATION of the special permit relief granted in the Decision in BOA File No. 008-97. Applicant proposes to extend a conforming open covered porch into the required 30-foot front yard setback area by an additional 2'3" to provide an entryway directing into the existing basement from the exterior ofthe structure. The secondary dwelling upon which the porch is sited is sited as close as about 14.7 feet from the front yard lot line along Baxter Road. Applicant is seeking to provide safe and direct access into the basement of the single-car garage and cottage. Currently, the only access is through the narrow single-car garage. No direct access can be provided from the interior of the living space due to the placement of interior stairs and small footprint. When a car is present in the garage there is no ability to access the basement area at all. The existing covered porch is conforming in all respects. An additional about 2'3" area of porch would be constructed but come no closer to the front yard lot line than the existing structure and would not be substantially more detrimental to the neighborhood than the existing nonconforming garage. .. lot 000. + ...,... .....,...... .r .. _or AI JrIlAIflIJrIC ll'''' · {j)ClEAflI ., -+ .... " . 1.,'~" ,&'I ./ , I HI 'HUT 49.2.3 !lCHOFIEL~ BROTHERS.I~ ~ '''O'USIONAL [ftCfMEl'" . MGIITlItID LAND IUItVlYOltS 1411 '!DUAL .IT., M*,"UC:K~T,- .AII. , I 'nd COlIJlt\" of CKET DUHf:lUH t~ =J ~ . .~~~ -IP o ' ~~~ - ~. (; . ~ i! . SHUf INbu. , u' ~~.. (' ~ I ~ o o ~ ~ o o o on '" ~, I [I LtlJ/4(i 11 ~/\UI FAI< I NI::K::i LF 09.2330 a In 11-01-2004 6/6 Telephone 508-228-7222 Tele Fax 508-228-7249 October 25, 2004 Saul and Denise Andrew P_O. Box 635 Katonah, NY 10536 Dear Mr. And Mrs. Andrew: Your request for construction at 39 Baxter Rd.. Nantucket. MA(Map# 49, Parcel# 10), bas been denied for the following reason(s): Prior to approval, you are required to receive Zoning Board of Appeals (ZBA) relief under 139-33A(5) of the Zoning Code. For information on how to proceed please contact Linda Williams, ZBA Administrator, at 508-228-7215. Your application materials win be held in the Building Department, in the file for 39 Baxter Rd., and will be kept for a limited time. If you have any questions regarding this notice please caJl, fax or visit. M Zoning Enforcement Officer Town of Nantucket Cc: on file PIeeM be uMNd tIl.at IIIIIPIlClIl ottWallMiat mey be........w. 1M r..a.........r Appt... ""....... t"I1Jt.JIA(2) ot'tIw 1'owu(N...etIIIt ZonIIII c". Nantucket Zoning Board of Appeals 1 East Chestnut Street Nantucket MA 02554 November 4 2004 Dear Zoning Board of Appeals: On the behalf of Mr. Andrew Saul J.G.G. Architects is requesting a specific relief under 139-33A of the zoning code for the Garage deck alteration which will now fall 2"3" over the 30 foot front set back. This is necessary so that they can have and entrance to the already existing basement there is currently no way to enter unless there is no car parked in the garage. ARCHITECTURE. INTERIOR DESIGN. LAND PLANNING 7 KILBURN STREET. BtJRLINGTON. VERMONT 0.5401 .802/862-40.53. FAX 802/864-8267. E-MAIl.: VT@jggarchitccts.cO!n 13 ESSEX ROAD. NANTt;CI(ET, MASSACHUSETTS 02.5.54.508/228.6047. FAX 508/325-7087 . E-MAIL: MA@jggarchitects.com NOJ-2-2004 16:24 FROM: \ L I LV.,JL.,U 11 ~#nv... , MI"'tIH..',,"V LI TO: 15083257087 -, ,-- . ~ ,. --' . , --. --- 11/02/2004 18:39 FAX 5083251087 Zoning Boanl of Appeals November 2, 2004 I Andrew SaJ.ll, give the firm. of J Graham Goldsmith permission to act on my behalf to apply to the Zoning Board. AI.CHI"l'EC"I' .. I.NT.E1UOJf rmtrGN.. LAND 11.J\NN1NG 7 KlLBUIlN ~lTIUhT - 8URUN01"ON, VElUCCNT OSiOl . B02,e62.(OSj . VAX llCW864.flZ67. I!-loWl.: vr~'_rdaitsa-CGID I) 'aa 'ROAD. NANTv~ MASBACHVIln'T8 D3U,.. !ORI12fl..en . ~ J(l4I)U..70A7 . J!.W.U.. ~"b""'__ *',1. NANTUCKET PLANNING BOARD 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 (508) 228.7233 December 30, 1996 Mr. John H. Dunn Building Commissioner Town Building Annex 37 Washington street Nantucket, MA 02554 Dear Mr. Dunn: Please be advised that, at its December 23rd, 1996 meeting, the Planning Board votep to grant secondary dwelling approvals to the following applicants, based on their having provided adequate access to their lots: Alice F. Emerson, 39 New street, Sconset (Tax Map 73.4.2, Parcel 126) David Brownwood, 39 Baxter Road, Sconset , Tom Driscoll, 23 Tashama Lane (Tax Map 55, Parcel 464) Sandy & Andy Owen, 32 Flintlock Road, Tom Nevers (Tax Map 75, Parcel 78) Approval of ALL of the applications referenced above is also conditional upon the provision of a minimum 12-foot width, free of brush, along the entire length of the applicants' driveways, to a height of 13 feet, in order to ensure adequate access for emergency vehicles, and adherence to the site plan(s} submitted by said applicant(s}, showing the relative locations of proposed and/or existing dwellings and driveways and/or parking areas, which plans have been endorsed by the Chairman and forwarded to the applicant(s}. (Duplicate copies of all site plans are on file with the Planning Department.) " / / secondary Dwelling Approval Letter i 2 In addition, as per Sect~on 13$-7A2(g) of the Nantucket Zoning Code, as amended at the 1996 Annual Town Meeting, all of the approvals referenced herein are valid for a Deriodx'Of,:two years ,.QD,ll, calculated from the date of site plan endorsement by the Planning Board. If you have any questions regarding your approval, please contact the Planning Office at Ext. 233. ~i~~relY ~ ~ ~~ll B~l vice Chairman Imp cc: Alice F. Emerson c/o Sarah F. Alger, Esq. Reade & Alger Six Young's Way - P.O. Box 2669 Nantucket, MA 02584 David Brownwood c/o Botticelli & Pohl Zero Washington st. Nantucket, MA 02554 Tom Driscoll/Sandy & Andy Owen c/o Alan Sherburne P.O. Box 2347 Nantucket, MA 02584 NOTE TO APPLICANT: Please note that a copy of the plan you submitted to the Board, which has been endorsed by the Chairman, is enclosed, and-must be presented to the Building Department when applying for a building permit. ~~:.\. - ~ Y-"- ~ \7O\r~~U PLANNING BOARD DEe :1,121996 :"lj.. I I i I . I I r NIA ~!T~H~T~~~nP~~~ET~ 1~~srn~2~RD I" (508) 228-7233 APPIJCAtON TO THE l>LANNINGBOARD FOR A SECONDARY DWELLING Own~: : David Brownwood ~ailillgAddr1ss: 19 Pelham Cresent, London SW7 2NR I Address of prrposed Secondary Dw ling: 1q Rrlxter Roaci , Tax Map # 49 Parcel # 10 I ~- Applicant: I (if other than qwner) Mailing Address: 0 Washington street, Nan~ucket I Daytime Phon~: 228~5455 , I.~ ' Subm.ission Rfuirements:. . 1) Two cOPie~ of an informal site plan (11" x 17" max.) showing: i ~xisting Structures, proposed structures, and any Structures to he removed. ~riveway access to snucture(s) with dimensioned parking, or pecifically, how off-street parking will be accomplished as per Section 139-18A(3) f the Nantucket Zon.ing By-Law which. states "Each required space shall not be !jess than nine (9) feet in width and twenty (20) feet in length (23 ft. for parallel parking), exclusive of drives and maneuvering space". I I 2) A locus mf (overview of surrounding area) with tax map and parcel numbers which may be Obtairled at the Office of Assessor in. the Town & County Building on Broad Street. 3) A $50.00 ~ling fee. (Cash or check payable to the Town of Nantucket) I 4) The deadl'ne for SUbmitting a Second Dwelling Application is one week prior to the schedul meeting. (The Planning Board meets on the second and fourth non-holiday Monday of each month at 7:00 p.m. in the Selectmen's Meeting Room at the Town & County. u.i1ding. , ' RECEIVED Botticelli & Pohl ' , .~... A. B. Applicants are ~ncouraged to attend meetings to represent their projects, and will be notified by mail, within several days after the meeting, of the Board's decision, i'7A.y..-rr=-a- ~ C="'''-''1~ An........"'-'~.,,...) ,lpvr>,~'--li''''i '-oi..."::(T...""'.........\ I...:... C<l- '7IL 17\ "'" -=r ) \ , . ~ ~\ " ;f...t , "l'7']Zlr.G., 'P'~'~t ;~ ',;." I \ \ , " '-.:... ..-----. ""------- I "1' .Iy~~,-'(. 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L;j;'~i ~[P)!p[Pd~~~1l] NANTUC IlD/NG DEPT. ~ ,r AS-BUILT PLOT PLAN IN NANTUCKE~ MASSACHUSETTS SCALE: 1 "''''0' DA TE;JVN611i \~~P.i DEED REFERENCE: tl:\ PII<. ";II?'>, r""7 PLAN REFERENCE: PwP,,,, '1- I""- t;z.. ASSESSOR'S MAP 4") PCL.~'?410 PREPARED FOR: 4<).1.>, _ '\ 1).<>../ll7 D.u.e.N I?z.cwI-!VJ=9 CURRENT ZONING MAP: fl-r'l-/w",.? MINIMUM LOT SIZE: 20,000 "".1='. MINIMUM FRONTAGE: 1<=; l"-r'. FRONTY ARD SETBACK: "'''a ~-r r: 'I SIDE AND REAR SETBACK: 10 lOT ALLOWABLE G.C.R.: 1'2.-."i'~__ "",,A,=-.A. "- EXISTING G.C.R.: '1,7Y.t:0..i.. lZ-1..z.o,.J",~) PROPERTY LINES SHOWN ARE TAKEN FROM RECORDED DEED AND PLAN REfEREDTO HEREON. BUILDINGS, MONUMENTS. ETC. ARE PLOTTED FROM FIELD MEASUREMENTS. N.S. 1% -= I?" 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EB.I ~ () z z <( ~ 0- oc () () ~ lL I- z" W~ "'2.: W~ \1)-= lfi~ EI ~ '" { ( l l ! ffii 1m NOIS1A3l:l 31\1'0 NOISIA3l:l 31\1'0 EB~ z 4: -1 It. li () () -1 11-= D~ z: ()~ 0- W~ I.f)~ Lt09-8ll-80S tSSlO VW'l\l €SOtr-l98-Z08 lOtSO LA 'UC 'J'd 'S.LJ't HlIWSGIOD \, TOWN OF NANTUCKET .. BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: March I<J , 19 97 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 008-97 Owner/Applicant: DAVID O. BROWNWOOD 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 an 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 the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. Michael ~~~~Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING' TO NANTUCKET ZONING BY-LAW ~139-301 (SPECIAL PERMITS); fi139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. J ' NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 ASSESSOR'S MAP 49, PARCEL 9 & 10 49.2.3, PARCEL 4 Deed Reference: Book 353, Page 3 Plan Reference: Plan Book 2, Page 52 39 Baxter Road Residential II District Limited Use General III District DECISION: 1. At a Public Hearing of the Nantucket Zoning Board of Appeals on Friday, February 14, 1997 at 1:00 P.M. in the Selectmen's Meeting Room in the Town and County Building, Broad Street, Nantucket, Massachusetts the Board made the following DECISION on the application of David O. Brownwood, c/o Vaughan and Dale, P. C., Post Office Box 659, Nantucket, Massachusetts 02554, File No. 008-97: 2. Applicant is seeking a FINDING under M. G. L. Chapter 40A, ~6 and Nantucket Zoning By-Law ~ 139-33A(4)(a) that an alteration of a pre-existing non-conforming structure/use shall not be substantially more detrimental to the neighborhood than the existing non-conforming structure/use. Applicant proposes to construct a second story of a said to be pre-existing garage structure, without coming any closer to the northerly side yard lot line, and a single story wing on the rear of said garage. Applicant also seeks a SPECIAL PERMIT under Nantucket Zoning By-Law ~139-33A to change the use of the structure from a garage to garage and an apartment. The locus is non-conforming as to front yard setback, with the garage structure being sited 14.7.:!.. feet from Baxter Road at its closest point, in a district that requires a minimum front yard setback of thirty (3) feet; and as to side yard setback, with a garage structure being sited 5.0+ from the northerly side yard line at its closest point, in a district that requires a minimum side yard setback of ten (10) feet. The current ground cover ratio is 7.5+ per cent (1805+ square feet) with a proposed ground cover ratio, after construction, being 10.0+ per cent (2309+ square feet) in the R-2 Zoning District that allows a maximum ground cover ratio of 12.5 per cent. In the alternative and to the extent necessary, Applicant further seeks a Special Permit under Nantucket Zoning By-Law ~139-33A (should Article 11 be approved at the 1997 Annual Town Meeting). The Premises is located at 39 Baxter Road, Siasconset, Assessor's Map 49, Parcel 10 (portion of 9) and Assessor's Map 49.2.3, Parcel 4, Plan Book 2, Page 52, and shown as Lots 36 and 35 (portion). The property is zoned Residential - 2. 3. Our DECISION is based upon the application and accompanying materials and representations and testimony received at the Public Hearing. There was no Planning Board recommendation as to any of the requested reliefs. The Building Commissioner offered an unfavorable recommendation to the Board based upon the massing of the structure and its proximity to Baxter Road. The Applicant, through counsel, reminded the Board that massing of a structure on Nantucket Island was not within the direct jurisdiction of this Board but was within the jurisdiction of the Nantucket Historic District Commission which had issued a Certificate of Appropriateness No. 29,716 for this project. Applicant further pointed out that there were several properties in the immediate neighborhood that contained structures that were similarly located within their respective front yard setback areas with many of them having been benefited by a grant of relief from this Board. 4. At the Public Hearing, the Applicant presented the Board with evidence of the final dimensions of the proposed structure through architectural elevations provided by Botticelli & Pohl Architects. Further evidence was presented to the Board in the form of photographs of the exiting structure and a proposed site plan reflecting the footprints of the structures on the Locus when construction is complete. Applicant had received a negative Determination from the Nantucket Conservation Commission when a Request for Determination had been sought, indicating that the addition would be outside of their jurisdiction. Applicant represented that the unconstructed fifteen (15) foot private way, known as Wilson Lane, which bi-sects the Locus east to west, was not subject to the Nantucke Zoning By-Law as it exists wholly within Applicant's property. The ground cover ratio after the addition is constructed will be under the allowable 12.5% ground cover ratio for the Residential-2 zoning district in which the structures are situated. A portion of the Locus is also situated within the Limited Use General-III zoning district. 5. Based upon the foregoing, the Board finds that the addition of a second story over an existing garage structure, that will come no closer to the northerly side yard lot line than the existing structure, construction of a conforming addition on the easterly side of the garage and conversion of the structure from a garage to a single-car garage and apartment, is an increase in the non-conforming nature of the structure. However, said alterations and extensions will not be substantially more detrimental to the neighbotrhood than the pre-existing non-conforming garage. 6. Accordingly, by a vote of four (4) in favor (O'Mara, William~, ~ Waine and Hourihan) and one (1) opposed (Sevrens), the Board GRANT~DO~ . the requested relief under Nantucket Zoning By-Law ~139-33A to ~q'~ . construct the project as proposed above upoo the following conditio s,' ~ a. The project shall be constructed in substantial conformance with Historic District Commission's Certificate of Appropriateness No. 29,716; b. Construction shall be done in substantial conformance with the plot plan done by licensed surveyor Richard K. Earle, of Nantucket Surveyors, Inc., and dated September 9, 1996, and annexed hereto as Exhibit A; and c. The structure, upon completion, shall contain a space for one (1) vehicle in addition to the space dedicated to the apartment. (008-97) Dated: March Ii, 1997 J~~ Michael J. 0 '11:ara ~y,~~ William P. Hourihan, Jr. 'Nou~~. ~~r<7UL- Nancy J. vtens ';"'.'> ~~.;~.. , . ,., (;,,\1~j, """""h__",~L I?A.~ ~ , CE"""""IW.>( A,........r"...~) ~.;ii41 ~~M"? \ " " ,I' \~ \ \" .,., 'jZlo/... \ \ \, '.............--..--...... >1""- ~ 111.\:./ t I~ ~I '1' ~ In I~, 11" ~"""~ ,Ioj t' I 1_..1I.o.~.:II.,. '... , ~"'r'L'-.., ~I ---- -_'i:~*, -~,--J'-~-----~:. \ If~~~"""'f'"'1'I . l' I .--....;.- --' --- --------- ~ ~ ~. JL- it;- -~" if- jl . '!:I~ " .~ ~1 .._~ I I R' I I ' I /. +" . , - - 4 - efi'7....I(:o.~~....)\I.C#\'\...). -- . ,. I I . I .L~ '. . ~ ....- . .t~~ ~ ~,J ti"TH> ' A1oI'~~7""tI-ll~ O"'~T, AS-BUILT PLOT PLAN IN NANTUCKET, MASSACHUSETIS SCALE: ,...,... DATE:~.,; '''10 DEED REFERENCE: t)\ 1>Jlo..,.,., r" >, PLAN REFERENCE:.....""- ~ "'" 'fL, ASSESSOR'S MAP J..'1 PCL.,......?~1O PREPARED F'OR: ..,.'l." .. ~?~ ~~p '/ - N'''TUCKET SURVEYORS ,INC. . ~DY WAY .\ NANTUCKE~ M~ 02554 L, -;" - ~~. '4''''''''"''1 l\'j .1...... II 1"-..... ~ pc.'- i df ( ~ 1_. l/I.~~ --2::.:!::.. l.vlooo'" c ....- tt""4-fI I I " I 1l: ~ \-loTL. ~ \lJ lL'1.."Zo......~-!i""J ~"'Ioo\o.l,~L.l......) CURRENT ZONING MAP: 11-1.- /I..AJI,.:?, . MINIMUM LOT SIZE: 1,C>,QQQ 4.:.... . MINIMUM F'RONTAGE: ,"l..... FRONTYARD SETBACK: 1;0.... SIDE AND REAR SETBACK: 10 .... ALLOWABLE G.C.R.: 1t..J\~ .... _ ~ EXISTING G.C.R.: "',~'H:~:n:t~~ J PROPEltTY LINES SHOWN ARE TAKEN FROM RECORDED DEED liHD Pl.AN REf'EREO TO Hl:REON. 8UIJlINOS, MONUMENTS, ETC, 4lfE .PLOT1ED FROM FIELD MEASURp!ENTS. N.B. It,& . . I. !""..' .. n...J....~~.. . ?>lZD? r- ~."Ci( '-'1'.., p":"'''''' P- tt '110 ~t-b.,- 1+0.,.....1 N-~., TOWN OF NANTUCKET BOARD OF AP.PEALS NANTUCKET, MASSACHUSETTS 02554 19 Date: March , 199 CERTIFICATE OF GRANTING OF ~ <<X SPECIAL PERMIT (Massachusetts General Laws, Chapter 40A, Section 11) . . ~ The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifie th~ a XKRXXK<<KXXK~t~K SPECIAL PERMIT has been GRANTED: To: (Owner/Applicant) David O. Brownwood (008-97). Address: c/o Vaughan and Dale, Box 659, Nantucket, MA 02554 affecting the rights of the Owner/Applicant with respect to land or building at: 39 Baxter Road, Assessor's Map 49, Parcels 9 & 10, Assessor's Map 49.2.3, Parcel 4, Plan Book 2, Page 52 and shown as Lots 36 and 35 (portion) Deed Reference: 353/3 And the BOARD OF APPEALS further certifies that the attac~ed Decision is a true and correct copy of its Decision GRANTING the \~<<X~OC~~<< SPECIAL PERMIT and that copies of the Decision ar,: 0 all plans referred to in the Deci"sid'ri. have been fn~-.....itfr -t;he-W-a-nn Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of the owner/ Applicant that General Laws, Chapter 4DA, Section 11 (last paragraph provides that noX~brnCK1Jl:]~~ SPECIAL PERt-1IT, or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until (a) a CO?Y the Decision is certified by the Town Clerk that TWENTY (20) days h2 elapsed after the Decision has been filed in the office of the To~n Clerk and no appeal has been filed (or, if such appeal has been filE that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Deeds for the County of Nantucket and indexed in the grantor index under the name of the Owner of Record l is recorded and noted on the Owner's Certificate of Title. The fee such recording or registering shall~be paid by the Owner/Applicant. ~D \1 ,.Vv) ~ XbD Q (fl) (lt~l~ t, ~ df 5100 Town of Nantucket ReceiVED BOARD OF ASSESSORS NQV 0 2 2004 TOWN OF NANTUCKET, MA ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF .,' ,;) \ , , . . / /J / /J', r~ PROPERTY.o~ER'...~..... .~... 0.. ..:... ..... MAILfNG ADDRESS...........................:........................................... PROPERTY LOCATION... .:. ... ./ft/.??..::. ....:t.'l.... ..e~.1J{ 'ASSESSORS MAPfP ARCEL:..... .'t:r.-:: Ie?...................... ................... APPLICANT................. ~........ SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners of land directl;, opposite on any public or private street or way; and abutter.s of the abutters and all other land owners within 300 feet of the, property Iirie of owner's property, all as they appear ~n the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139. Section 139.290 (2) . .Q1~ ..too ooM..C!...V .~.,a~ DATE' ASSESSOR'S OFFICE Town of Nantucket " ~ ~ ~~li!li!lHlli!li!li!li!li!:1i! Ii! Ii! Ii! Ii! Ii! Ii! Ii! Ii! j : i I ! I I ! I I ! i ! i : ; r I I r i ! I I m f:f8,"",II')r"'-'CO\D"'C'\Iol/)ri~1 lDlI')f'1l"'1M"C'IIO'I r;:I. ;l;Cl"J<qI......,....."'I/)..~Vl('l')PlMM..,MPlM .. .. 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