HomeMy WebLinkAbout021-07
TOWN .OF NANTUCKET
BO"ARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
Au> nIl f-3
, 2007
To: Parties ip Interest and. Others concerned with the
H-----"-De-Eis iOn"Hoi the BOARD OFl APPEALS in the Appl"ica tion of the
following:
Applica tion No.: (J ?1-cJ7
, '
ow~er/APp1icant: _ ~z~~{>;cr;IT~~e-or
. (Q Lf &~~_~O-_--,-~_"_T(t)___'
. .
. ... I '
APPEALS which has
Nantucket Town d -
---1 --.J
C
An Appeal from this Decision may be taken pursuaft to ~
Section 17 of Chapter 40A, Massachusetts General Laws. (JS "
Any action appealing the Decision must be brougJt by u ~
filing an complaint in court within TWENTY (20) days a~r
this day's date. Notice of the action with a copy of th~
com~laint and certified copy of the necision must be given'
to the Town Clerk so as to be received within such TWENTY
(20) days. .
Enclosed is the Decision of the BOARD OF
this day been filed in the office of the
Clerk.
~0l)~ ~/(Jr7~
II - - --('. -:- -~s:, Chairman
k,-h/"5J ~~ //ttC"Ml!'''' ~,;.. ~~
Clt:",l!.5 JCF-,..f- 3.'.5.2~..,.
:/:,3/;i .
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A T~ . . ~
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET
ZONING BY-LAW g139-30T (SPECIAL PERMITS); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
cc:
Town Clerk
Planning Board APR
Building Commissioner
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
63 Baxter Road, Siasconset
Certificate of Title No. 19,844
Residential- 2
Assessor's Map 49, Parcel 22
Land on Land Court Plan No. 9173-A
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on
Friday, March 16,2007, at 12:00 PM, in the Conference Room in the Town Offices at 2
Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision
on the Application in Board of Appeals File No. 021-07, of ELIZABETH SINGER,
TRUSTEE of 64 BAXTER ROAD REALTY TRUST, u/ d/ t dated February 22, 2001,
registered as Document No. 92079 at the Nantucket Registry District, with a mailing
address of 674 Ad Hoc Road, Great Falls, V A 22066, in connection with property
known as 63 Baxter Road, Siasconset Village, Nantucket, Massachusetts.
2. Applicant is seeking a MODIFICATION of the Decision in BOA File
No. 049-04 to the extent necessary, which, in part, granted relief by Variance to
demolish an existing garage/ guest house and reconstruct a separate garage in a
conforming location and a separate cottage to be sited within the required 30-foot
front yard setback area due to the severe erosion along the Sconset Bluff. Due to
continuing erosion, Applicant now proposes to re-site the garage to a location within
the required 30-foot front yard setback area and as close as about 20 feet from the
front yard lot line along Baxter Road. In addition, the Applicant is seeking a finding
that the previously approved Special Permit and Variance relief has not expired
based on the Applicant having obtained building permits and commenced work
under said permits. The Zoning Enforcement Officer denied issuance of a building
permit specifically for the garage structure, as approved and sited in the Decision, on
the basis that two years had passed without commencement of the work related to
the garage, despite the fact that building permits had been obtained for other work
permitted in the same Decision. The project had begun and proceeded, with the
garage/ guest house having been demolished, on reliance on the building permits
already issued and in anticipation of a building permit for the new garage being
issued. No Certificates of Occupancy have been issued for the new secondary
dwelling and Applicant argues that the Special Permit and Variance relief are still
active in order to complete the project. Should the Board find that the relief has
expired, then the Applicant is seeking a re-issuance of the previous Variance relief
under Nantucket Zoning By-law Section 139-16A (Intensity regulations - front yard
setback, ground cover ratio) in order to complete the project as proposed with the
reallocation of ground cover to the secondary dwelling and separate garage. The
previously existing nonconforming ground cover ratio of about 14% (a maximum of
12.5% is allowed) would not be exceeded. See also BOA File No. 009-04.
The Premises is located at 63 BAXTER ROAD, SIASCONSET, Assessor's
Map 49, Parcel 22, Land Court Plan 9173-A. The property is zoned Residential-2.
3. Our decision is based upon the application and accompanying
materials, plans, photographs, representations and testimony received at our public
hearing. The Planning Board made no recommendation as the application did not
present any issues of planning concern. There were four letters on file from abutters
in favor. There was no public comment at the hearing for or against the proposal.
4. Applicant, through counsel, represented that since the notice
publication of the Application for this meeting, the Zoning Enforcement Officer
(" ZEO") had found that the relief granted in 2004 for the project as a whole had not
expired and a building permit had been issued for the garage in the conforming
location originally approved by this Board in the Decision in BOA File No. 009-04
(the "Decision"), and shown on Exhibit A attached to the Decision, which is
registered as Document No. 109240 at the Nantucket Registry District for the Land
Court. The Board concurs with the ZEO's ruling and therefore finds that it is
unnecessary for the previous relief to be reissued. As a result, the Applicant
withdrew that portion of the relief seeking a re-issuance of variance relief pursuant
to Nantucket Zoning By-law Section 139-16A. Therefore, Applicant is seeking solely
a modification of previously issued variance relief in order to permit the proposed
garage to be relocated from the conforming site outside of the required 30-foot front
yard setback area on the northerly portion of the lot to a site within the required
front yard setback area farther to the west. The garage would be sited so that the
southerly corner of the building would be no closer than 20 feet from Baxter Road
and the northerly corner of the building would be no closer than 26 feet from Baxter
Road.
5. Applicant, through counsel, represented that the Premises is located on
the 'Sconset Bluff, which has been experiencing ongoing documented severe erosion.
The purpose of the Applicant's original project, as approved in 2004, was to remove
an existing structure, which contained the secondary dwelling and garage, and a
separate shed, which were sited directly in front of the main dwelling within the
required front yard setback area. The dwelling/ garage was site as close as about 6.4
feet from the lot line along Baxter Road. The Decision allowed construction of a new
secondary dwelling to be sited as close as 5.6 feet from the front yard lot line in the
2
southwesterly corner of the Premises and a separate garage on the northerly side of
the Premises in a conforming location, in order to make space for the primary
dwelling to be moved away from the Bluff and closer to Baxter Road when it became
necessary due to further erosion. Applicant represented that erosion had continued
to impact the lot and the new garage would have to be moved again when the house
was moved closer to Baxter Road if constructed in the previously approved location.
In anticipation of the move, the Applicant was asking permission to also place the
new garage within the required setback area to avoid moving it once constructed.
6. Applicant, through counsel, represented that the proposed project
would result in structures that would be smaller in scale and height, farther from
Baxter Road, and similar in design and siting to other accessory structures in the
neighborhood similarly sited close to Baxter Road and submitted photographic
evidence to support that argument. The Applicant also provided photographs to
show the recent impacts of the continued erosion on the Applicant's property. In
addition, Applicant pointed out that the Board had granted several such waivers to
relocate buildings to sites within the required 30-foot front yard setback area to
properties on the east side of Baxter Road due to severe erosion of the Bluff area.
7. Applicant represented that the proposed new garage would be the
same one-story, approximately 325 square-foot structure approved in the Decision,
except as to siting on the lot. The standards for a grant of variance relief are required
to be met in order to construct the new building within the front yard setback. The
maximum of 14 % ground cover allowed in the Decision would still be in full force
and effect. By moving the garage approximately 11 feet closer to the street, the
Applicant would be able to access the garage doors (which face south and not
towards the street to the west) even after the main house is moved away from the
eroding bank.
8. Therefore, based upon the foregoing, the Board reaffirms the findings
made in the previous Decision and finds that that the continued erosion of'Sconset
Bluff is a unique soil condition affecting the shape and topography of Applicant's
land and not affecting generally the Residential-2 zoning district within which the
Premises is situated. In addition, the Board finds that a literal enforcement of the
provisions of this chapter would involve substantial hardship to the Applicant with
the possible loss of Applicant's dwellings and accessory structures. Construction of
the new garage in the former proposed location so as to hamper the moving of the
primary dwelling necessitated by the continued erosion would have a possible
negative impact on the lot in requiring the garage to be relocated again and cause
possible financial hardship to the Applicant. The Board also finds that allowing a
front yard setback intrusion for this lot has been established with the new secondary
dwelling being sited as close as about 5.6 feet from the lot line along Baxter Road,
and the proposed siting of the garage would be consistent with the siting of other
ancillary structures along Baxter Road. Therefore, the relief may be granted without
substantial detriment to the public good and without nullifying or substantially
3
derogating from the intent or purpose of the Zoning By-law. Some members
expressed concern that the existing hedge would be removed from that area of the
front yard west of the proposed garage location and asked that a hedge be re-
established and maintained in the same area west of where the garage was being
moved to.
9. Accordingly, the Board of Appeals, by a vote of four in favor, (O'Mara,
Waine, Koseatac, Wiley) and one opposed, (Tupper), GRANTS the requested
MODIFICATION of the VARIANCE relief granted in the Decision in BOA File No.
009-04 pursuant to Nantucket Zoning By-law Section 139-16A to permit the
relocation of the new garage to a site within the required 30-foot front yard setback
area as proposed. Relief is hereby conditioned upon the following:
(a) The garage shall be sited so that the southerly corner of the
building would be no closer than 20 feet from the front yard lot
line along Baxter Road and the northerly corner of the building
would be no closer than 26 feet from the front yard lot line along.
Baxter Road;
(b) A hedge shall be planted and maintained in the location of the
hedge shown as existing between the previously proposed
garage location and Baxter Road on the site plan that is attached
as Exhibit A to the Board's Decision in BOA File No. 009-04; and
(c) The conditions from the Board's Decision in BOA File No. 009-
04, including, without limitation, the condition that no plumbing
may be installed in the garage, shall remain in full force and
effect, except as herein mod' . allow the relocation of the
new garage structure as roposed.
Dated: April )3,2007
~7~
Burr Tuppe ..
--
4
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 12:00
P.M.. FRIDAY. MARCH 16.2007. in the Conference Room, 2 FAIRGROUNDS ROAD,
Nantucket, MA, on the Application of the following:
ELIZABETH SlNGER, TRUSTEE OF 64 BAXTER ROAD REALTY TRUST
BOARD OF APPEALS FILE NO. 021-07
Applicant is seeking a MODIFICATION of the Decision in BOA File No. 049-04 to the
extent necessary, which, in part, granted relief by Variance to demolish an existing garage/guest
house and reconstruct a separate garage in a conforming location and a separate cottage to be sited
within the required 30-foot front yard setback area due to the severe erosion along the Sconset Bluff.
Due to continuing erosion, Applicant now proposes to re-site the garage to a location within the
required 30-foot front yard setback area and as close as about 20 feet from the front yard lot line
along Baxter Road. In addition, the Applicant is seeking a finding that the previously approved
Special Permit and Variance relief has not expired based on the Applicant having obtained building
permits and commenced work under said permits. The Zoning Enforcement Officer denied issuance
of a building permit specifically for the garage structure, as approved and sited in the Decision, on
the basis that two years had passed without commencement of the work related to the garage, despite
the fact that building permits had been obtained for other work permitted in the same Decision. The
project had begun and proceeded, with the garage/guest house having been demolished. on reliance
on the building permits already issued and in anticipation of a building permit for the new garage
being issued. No Certificates of Occupancy have been issued for the new secondary dwelling and
Applicant argues that the Special Permit and Variance relief are still active in order to complete the
project. Should the Board find that the relief has expired, then the Applicant is seeking are-issuance
of the previous Variance relief under Nantucket Zoning By-law Section 139-16A (Intensity
regulations - front yard setback, ground cover ratio) in order to complete the project as proposed
with the reallocation of ground cover to the secondary dwelling and separate garage. The previously
existing nonconforming ground cover ratio of about 14% (a maximum of 12.5% is allowed) would
not be exceeded. See also BOA File No. 009-04.
The Premises is located at 63 BAXTER ROAD, SIASCONSET, Assessor's Map 49, Parcel
22, Land Court Plan 9173-A. The property is zoned Residential-2.
~ ~~(4J!1~.
Nancy J. Sevrens, C ., an
PLEASE NOTE THE CHANGE IN TIME FROM 1:00 PM TO 12:00 PM.
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER
INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASE NO. G'Z' -d(
FEE: $300.00
APPLICA TION FOR RELIEF
Owner's name(s): Elizabeth Singer, Trustee of 64 Baxter Road Realty Trust u/d/t dated 2/22/01 registered as
Document No. 92079 at the Nantucket Registry
Mailing address: 674 Ad Hoc Road, Great Falls, Virginia 22066
Applicant's name(s): SAME
Mailing address: SAME
Assessor's Map/Parcel: 49-22
Lot No.: N/A
Locus address: 63 Baxter Road
Land Court Plan: 9173-A
Date lot acquired: 03/0112001 Deed Ref./Cert. of Title: COT No. 19,844
Uses on Lot - Commercial: None ~ Yes (describe)
Residential: Number of dwellings .-L Duplex_ Apartments _Rental Rooms_
Zoning District: R-2
Building Date(s): All pre-date 7/72? ~or C ofO(s)?
Building Permit Nos: 113-02 (renovate dwelling), 1205-04 (construct second dwelling), 1023-04
(demolish existing second dwelling/garage), 9-05 (demolish shed), 151-06 (construct garage - denied by ZEO)
Previous Zoning Board Application Nos.: 049-04
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appe~, Sectio~ of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonC9nformi1jies:
i'":"--;
_J
~\.J
v
SEE ADDENDUM ATTACHED
. ':J
, j
.) }
,,'.J
I certify that the information contained herein is substantially complete and true to the best of my
knOWledge,~~S ~ ~~~It~fPe.jU~ b~ tf6ad~ T ~
SIGNATURE: 'd ~J..;;. 0/ pp ic t Attorney/Agent
(If not owner or 0 ner's attorney, please en of agency to bring this matter before the Board)
FO ICE USE
Application received on: 2-/7 r!l By: Complete: Need copie~ \
Filed with Town Clerk: ~ ;?z___02 Planning-B6anr.----HIH'--I'--BuildingDePt;;__.~,/--'t-~
Fee deposited with Town Treasurer:~/~QBy:7f~ Waiver requested?:_Granted:_/_I_
Hearing notice posted with Town Clerk:C- 122 r::'f Mailed: Z 1 2Zto7 I&M:3J{__07 & 31 ?S:J!:!l
Hearing(s) held on:_I_/_ Opened on:_I_/_ Continued to:_I_I_Withdrawn?:_/_/_
DECISION DUE BY:_I_I_ Made:_/_I_ Filed wiT own Clerk:_I_/_
Mailed: / /
---
DECISION APPEALED?: 1 /
SUPERIOR COURT:
LAND COURT
Form 4/03/03
Addendum - Application of Elizabeth Singer, Trustee
The Applicant seeks a modification of the Variance relief granted in ZBA File
049-04 to permit the already approved garage to be constructed at a location
within the front yard setback.
Given the continued impacts of erosion on the 'Sconset Bluff generally and this
property in particular, the Applicant requests relief so that the previously
permitted garage can be sited 11.5 feet closer to Baxter Road than the location
shown on the plan attached as Exhibit A to the Board's decision in 049-04. At its
closest point, the garage would be approximately 20 feet from Baxter Road; a 30
foot front yard set back is required by Section 139-16. This siting is proposed in
anticipation of erosion requiring that the main building on the property will
need to be moved due to continued erosion, and is consistent with the siting of
other structures along Baxter Road.
The Applicant seeks a finding that the Zoning Enforcement Officer incorrectly
denied the building permit for the garage in the location approved by ZBA File
049-04. The Applicant, having demolished the existing garage/ guest house and
shed, and having constructed the new second dwelling, all in reliance on the
Board's decision in 049-04, has exercised that variance by substantially
completing the improvements it authorized. This use of the permit prevents its
expiration, If however the Board agrees with the Zoning Enforcement Officer as
to the expiration of the 2004 relief, then in addition to the variance relief to
permit the location of the garage within the front yard setback described above,
the Applicant requests that the variance as to ground cover granted in ZBA File
049-04 be re-granted so that the project can be completed as proposed and
approved in 2004.
Town of Nantucket Web GIS - Printable Map
gll
. ',',
Vi....
1:1
o
Prop ID
Address
Owner
Sale Date
Sale Price
Book/Page
Lot Size
Page 1 of2
Town of Nantucket Web GIS
i
II
i I
i
i
i
! i
~I
1 !
Ii
,I
II
i 1
I'
, I
i I
r i
! !
i;
, ;
:i57fti
4922
63 BAXTER RD
GLIDDEN RICHARD J
TRUSTEE
C/O SINGER ELIZABETH
674 AD HOC RD
GREAT FALLS, VA 22066
03/01/2001
$6,500,000
C0019844
0.57 acres
BEE
Ze):).3
.
CJ
~. ~
~
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Qjsclaimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
~j:I()nr;:lnhir Tnfnrm.::.tinn c::.w::tp.m ((:;Tc::.' rl;:lt~h;:lC:p.
Town of Nantucket, Mass
Map Composed
http://host.appgeo.comlnantucketmaJPrintableMap.aspx?Preserve= Width&Map Width= 172... 2/2212007
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
Sale Date
Sale Price
Book/Page
Lot Size
4922
63 BAXTER RD
GLIDDEN RICHARD J
TRUSTEE
C/O SINGER ELIZABETH
674 AD HOC RD
GREAT FALLS, VA 22066
03/01/2001
$6,500,000
C0019844
0.57 acres
Zod'f
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
QlscJ~l.irn~I The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
(:;j:)f"lru"::tnhir Tnfnrm::.tinn c;\lc:h:)m ((:;rc;, n;:\t;"lhAC:P
~~
Town of Nantucket, Mass
Map Composed
http://host.appgeo . comlnantucketmalPrintableMap. aspx?Preserve= Width&Map Width=4 3 2... 2/22/2007
CURRENT ZONING CLASS/FICA nON:
Residential 2 (R-2)
EXISTING:
25.0 14:tS.F.
SEE PLAN
SEE PLAN
SEE PLAN
12.2:t%
20.000 S. F.
75 FT.
30 FT.
10 FT.
12.5:;
MINIMUM LOT SIZE:
MINIMUM FRONTAGE:
FRONT YARD SETBACK:
REAR/SIDE SETBACK:
GROUND COVER % :
49-2J
N/F
PRICE I
151.20
>-
I
g
~
~
~
~
~
:::.
CD
LEGEND
. DENOTES CONCRETE BOUND FND.
100'
It
. I
\ \ .
.i~~
. .iS6
LMNG \l?\~
SPACE . jg \"')
PORCH ROOFI' j g ~
...-OVE:RHANG i ~
,~~
.!~;>O;
'I~
I
48-8
I H/F
'TOWN OF ~rr
: I
If
:!
I!
.!
./
l
PORCH I
fi' :- EXISTING }
\() SHELL
~ I\) DRIVf:WA Y
~ DECK UNDER
~ PORCH/ SECOND FLOOR
~ 2nd STY. DECK EXISTING
~ 1 1/2 STY
C"i --owrttNG
~ 77JzS.F.
"-
BASEMENT )
ACCESS
FLAG POLE 0
.1_
~
~
~
IYAY
r
49-21
N/F
VAUGHTER\
HEALEY
THIS PLOT PLAN WAS PREPARED FOR THE TOWN
OF NANTUCKET BUILDING DEPARTMENT ONLY AND
SHOULD NOT BE CONSIDERED A PROPERTY LINE
SURVEY, THIS PLAN SHOULD NOT BE USED-IQ
ESTABLISH PROPERTY LINES. FENCES. HEDGES OR
ANY ANCillARY STRUCTURES ON THE PREMISES.
THE PROPERTY LINES SHOWN REL Y ON CURRENT
DEEDS AND PLANS OF RECORD.
THIS PLOT PLAN IS NOT A CERTIFICA TlON AS TO
TITlE OR OWNERSHIP OF THE PROPERTY SHOWN,
OWNERS OF ADJOINING PROPERTIES ARE SHOWN
ACCORDING TO CURRENT ASSESSOR RECORDS.
ASSESSOR MAP: . ~S! , . . PARCEL: .2? ,
l>\SPF\PROJ\^CN\l::lSG22\8LP,d~q 1/17/2006 O<'1',j(1 ^1.4 EST
BUILDING LOCATION PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: ,',30' DA TE: JANUARY 17, 2006
64 BAXTER ROAD
Owntlr: . . . . REA.L.T.Y. . TRUST. . . . . . . . .
Dtltld: . .C.E~r. ~g{114, . Plsn: . . ~9~L. ~~ll..A. . .
LOClJs: . . . !~4. E?~~~E.R. f!q~C? . . . . . . . .
BLACKWELL and ASSOCIATES. Inc.
Professional Land Surveyors
20 TEASDALE CIRCLE
NANTUCKET, MASS. 02554
(508) 228-9026 0-5622
(
Yl2urM.;AvfOJrKp ~ OKM, ~(/ ?~ (Boa1of~
().. Y'! I . 0.... l 11__' . U I I
~ofQ ;z~ (jJt/(J~ ~fl-CM!JV.L*,~~/()il6/d~
TOWN OF NANTUCKET
BOARD OF APPEALS tCOJfPY
P3~
NANTUCKET, MASSACHUSETTS 02554
Date: %~~)3 ' 20C~
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
oc.;7-0tj
Owner/Applicant: f(/?o/'o-;-U. c)(h~rlO~~
of2- Gcf & r-~~ 1tkro(7 l2e:e~ "b!~r;
- , .~I 0 ~
'0 -:t
. - '"dri?1
APPEALS which has ~ '~~~ ,_
Nan t ucket ,Town ~ 1= 6 1.3 i irI .g;
. - $ ~--.!I~ 9
..' - - - ....'" u
\I)' -"- QJ
Qtl Q. '~ ~ c:i ..J ::
~Q a: - Z (l) C
e..:.../ _ c :]) C ';1,
><'0 III Q):;::: C if,
'~ 1} ~ i= ~ '(1.
~.C;):l; uo-' jj
Any action appealing the Decision must be brought by o::~ g~. ..
filing an complaint in court within TWENTY (20) days after 'z 0
this day's date. Notice of the action with a copy of the ~
complaint and certified copy of the Decision must be given ,Q
to the Town Clerk so as to be received within such TWENTY
(20) days. /
4o;:tJ!?:~~
Application No.:
Enclosed is the Decision of the BOARD OF
this day been filed in the office of the
Clerk.
An Appeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, Massachusetts General Laws.
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 9139-301 (SPECIAL PERMITS); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
!'
TOWN OF NANTUCKET
BOARD OF APPE.l.\LS
NANtUCKET, MASSACHUSETTS 02554
s:5
.:0,.
:~:;J
Da te : Jf; 'krn h0.- ~-, 2 0 ~y
:~.'"'r~
w
::g
To: Parties in Interest and, Others concerned with fhe ~~
Decision of the BOARD OF APPEALS in the Application of th~
......1
fol.lowing:
Application No.: 049-0c.f
bwner/APPlica~t:-R,\rhnrrL ..j,. ~d&onTruST€e
DC (o~ ~ ~'lPr RoQdl RDrL~"1y IT't!IT
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.
)L~~~.~~~;-
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VkRIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING' TO NANTUCKET
ZONING BY-LAW ~139-30I (SPEC~AL PERMITS): ~139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
63 Baxter Road, Siasconset
Certificate of Title No. 19,844
Residential-2 Zoning District
Assessor's Map 49, Parcel 22
Land on Land Court Pl~"1 No. 9173-A
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on
Friday, August 13, 2004, 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 (049-04) of RICHARD J. GLIDDEN, TRUSTEE
of 64 BAXTER ROAD REALTY TRUST, u/d/t dated February 22, 2001, registered as
Document No. 92079 at the Nantucket Registry District, with a mailing address of
674 Ad Hoc Road, Great Falls, VA 22066, in connection with property known as 63
Baxter Road, Siasconset Village, Nantucket, Massachusetts.
_ 2. Applicant is seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law, Section 139-33A(9) (alteration of a pre-existing nonconforming
structure/ use). Applicant proposes to demolish an existing nonconforming
secondary dwelling! garage structure and a separate shed and construct a new
cottage in the southerly corner of the Lot and a new separate garage structure in the
northerly comer of the Lot, with neither new structure being closer to the front yard
lot line than the existing structure, which is currently sited as close as about one foot
from the front yard lot line along Baxter Road. A 30-foot front yard setback is
required in this zoning district. The new cottage would be sited as close as about 9
feet and the new garage would be conforming as to all setback requirements. The
existing ground cover ratio of about 14% (a maximum of 12.5 % is allowed) would
not be exceeded. In addition, and to the extent necessary, Applicant is seeking relief
by V &"'liANCE under Nantucket Zoning By-law Section 139-16A to allow the new
cottage to be placed back in the required 30-foot front yard setback area and allow
reallocation of ground cover to construct a new separate gar~ge, while maintaining
the existing maximum ground cover of about 14%. See also BOA File No. 009-04.
The Premises is located at 63 Baxter Road, Siasconset, Assessor's Map 49, Parcel 22,
Land Court Plan 9173-A. The property is zoned Residential-2.
3. Our Decision is based upon the Application and accompanying
materials, plans, photographs, representations and testimony received at our public
hearing. The Planning Board made no recommendation, as the matter was not of
planning concern. Letters of support from both immediate abutters were received
prior to the hearing and the abutter to the south spoke at the public hearing in
support of the Application.
4. The Locus is situated on the 'Sconset Bluff, which has a long
documented history of experiencing ongoing severe erosion. The purpose of the
Applicant's proposed project is to remove the existing secondary dwelling! garage
structure and shed, which are sited directly in front of the principal dwellL.~g wit.w
the required 30-foot front yard setback area, and construct a new secondary dwelling
in the southwesterly comer of the Premises and a separate new garage on the north
side of the Premises, making space for the main dwelling to be moved further away
from the Bluff and closer to Baxter Road, to a location outside of the required front
yard setback area, which move does not require relief from this Board as currently
proposed. The existing secondary dwelling/ garage structure was built in the 1960's
and thus grandfathered, is incongruous in scale and design from the principal house
on the Premises and other structures along Baxter Road. The Applicant's proposed
project would result in two separate structures that would be smaller in scale and
height, further from Baxter Road, and similar in design and siting to. other accessory
structures in the neighborhood along Baxter Road. Applicant represented that at
preliminary hearings before the 'Sconset Advisory Committee to the Historic District
Commission (HDq in 2001, the Applicant was strongly urged to design two smaller
buildings to replace the existing secondary dwelling/ garage building so as to be
more consistent with the neighborhood.
5. Applicant represented that the existing secondary dwelling/ garage
structure is pre-existing, nonconforming as to front yard setback, being located about
3.2 feet from Baxter Road where a 30-foot minimum front yard setback is required,
as shown thel/Site Plan" prepared by Blackwell & Associates, Inc., dated August 9,
2004, a reduced copy of which is attached hereto as Exhibit A. The structures on the
Premises are pre-existing, nonconforming as to ground cover, with approximately
14% total ground cover where 12.5% is the maximum allowed in the R-2 zoning
district. Theproposed new garage would be conforming as to setback requirements
in all respects. The proposed new secondary dwelling would be set back further
back from Baxter Road than the existing secondary dwelling, with the exterior finish
wall of the building sited no closer than about 8.8 feet from the front yard lot line
along Baxter Road. The" areaway" shown on Exhibit A, to the extent considered a
part of the structure for setback purposes, would be no closer than 5.6 feet from
Baxter Road; no balcony was permitted on the fa<;ade of the guesthouse facing Baxter
Road by the HDC, though currently still shown on Exhibit A. An existing shed
(1591. sq. ft. of ground cover) would be removed from the property as well as the
existing guest house/ garage (945+ sq. ft. of ground cover) for a total of 1104j: sq. ft.
of existing ground cover being affected as part of this project. The new garage
would have 322+ sq. ft. of ground cover and the new guesthouse would have 773=.
sq. ft. of ground cover for a total of 109S=. sq. ft. of ground cover for the proposed
new buildings. Variance relief is requested to site the new guesthouse back in the
front yard setback, and to re-allocate the ground cover between the two new
separate buildings. There would be no increase in ground cover beyond what exists,
and Special Permit relief is requested to alter these pre-existing nonconforming
2
struct'...rres in accordance with the attached plan and to maintain the existing
maxirnumground cover of 14 %. Applicant represented that they did not want to
move the new cottage further back out of the front yard setback area with. the main
house being moved back towards Baxter Road at the same time. Applicant stated
that eventually they would have had to be back before the Board to move the house
and cottage back to a site approximately where currently proposed due to continued
erosion along the Bluff.
6. Based upon the foregoing, the Board finds that the erosion of 'Sconset
Bluff is a unique soil condition and topography affecting Applicant's land and not
affecting the Residential-2 zoning district generally and the possible loss of
Applicant's dwellings and accessory structures due to erosion would result in
substantial hardship. The Board further finds that demolishing the incongruous
existing secondary dwelling/ garage structure that is sited only a few feet from the
road and replacing it with a new secondary dwelling sited further from the front
yard lot line and a separate conforming new garage, with. the ground cover re-
allocated so that the buildings' scale and design would be appropriate for the
neighborhood, is desirable and a public benefit; and in addition, Variance relief may
be granted without substantial detriment to the public goOd and without nullifying
or substantially derogating from the intent or purpose of the Zoning By-law. The
Board also finds that maintaining the nonconforming existing maximum ground
cover ratio of approximately 14% for this project would not be substantially more
detrimental to the neighborhood than the existing nonconformity and would be in
harmony with the general purpose and intent of the Zoning By-law. The Board
notes that a grant of relief in this case would be consistent with similar relief granted
in other Applications related to other properties along the Bluff.
7. Accordingly, the Board of Appeals, by a vote of four in favor (Waine
Toole, Sanford, and Loftin) and one opposed (Murphy), GRANTS the. requested
relief by SPECIAL PEIDv1IT under Section 139-33A(9) to permit the demolition of the
existing secondary dwelling/ garage structure and reconstruction of a new secondary
dwelling and separate conforming garage not to exceed the existing overall
maximum ground cover ratio for the Premises of approximately 14%, and GRANTS
the requested V ARIANCE relief under Section 139-16A to permit the new secondary
dwelling to be sited within the front yard setback &nd to re-allocate the ground cover
separately between the garage and the guesthouse, based upon the following
conditions:
(a) No plumbing shall be installed in the garage and it shall not be used
for human habitation;
(b) The guest house shall not be expanded without further relief from
this Board;
3
(c) The exterior finish wall for the new guest house shall be no closer to
Baxter Road than about 8.8 feet (recognizing that the II areaway" shown
on the site plan may be as close as about 5.6 feet from Baxter Road);
and
(d) The project shall be constructed in substantial conformity with the site
plan attached hereto as Exhibit A, without the balcony that is included
on the plan.
Dated: %~ ~ L12004
C. Risl}ard Lof
Ec-1
Edward J. Sanford
Edward Murphy
~
I d!Rm""{ TIti"T :IJ DA Y:i ~ ~A 'Vi: l:L\.i:"'.J::D j:":;'l.':~r~
'mE ~ON WAS FllE!) 1~ lnE O~'1CE. Or n~:E
ro~a.ERX. ANDl1iAT tlO r'\JlfEAl...lV..s B:EEl'C
~ P'JU.! 10 LAWS <<:lA. SBCn()C 11
.~
ATTEST: A TRUE COPY
NANTUCKET TOWN CLERK
OCT 0 5 200~
4
BAXTE~
3
.
. ~
,,.-
r~t.
0-
.
-0
\
o
....
-
l;
a
..-
..,
::.
:l
:l
~
~
\:l1
\:
~ 1~
. ~N';'~
!;')~'O!<>h:
· ~ g~~~l
",--..."'I!.
-c:::::::J~" ~t"'I
n ~~~" ~
'" I '" i.~
. g.~!'l~",O
i<J'" "'~ ~
(7)o~a~
'" "".:! !'Ii
~ 3!'l
.. W
l~~
~~!i
iiQ>l
n~
ilj'"
!; i
~i1"
r:
i~i
da
n~
;11
..2
,.
e (a..k.a.. ATLANTIC sr.)
.
!:;
II
o
-',. '., \ . ~ \
, ~,. ,,- \ J
, .......__;0;. \ ::I -:~ -. \ - '--::
, !. - a~ ~
~ . I' I.
~ "~'..:.=.':"_"_ ""', at - , ,'- 1I
.-.-.___ _.,_.--'~=~~c~c:~.C=::\.j-..-"
l~ .
I~
d
. .Ii
~
~ ..",.
....... ~
~~ ~ ~ ~
.~C'>r-"'~ r--;; -...::;
lh:lr>~:;' ~ ~ ~ ~
~~~r>~... ~ Q&:~
~ 'V_~ !:l:J '" ;::::s ~
!';~lia;;j~~~S!~
",..,,:t: I ~~ ~.. ~ ~
~ '1:; ... ",," ::i::..:
~~ t ~ ~
":il\! ::t:;;:.
~ .~
~ ~
""
....
I
i~1
~-
~,
~~"iJ~!: ::~
S:a~~3 i:~
-~~~i~ ~g
n""~""'" 2.
~I,nO~~ N~
"ij"':!i.. -=
"~';l!;'" '1'ii
..~~r.'t':l ~p
1!.. ill
g l42
~o~o:g ~_.
~;:t:J~~ ~
~ .
~n~ ~ J
::p" :
:z.~t; .
!
~
i~~
'--.
G,!~'(, ~ ~ fA
) ~('\OI'....~--;9ar.oa;.Jg a\"'\V~~;a'l;:\ \.i'\~ _....j;;; ~ ;'- ~'. ~..,- ','Sa\a.-af;.\e~ ..
II o).....>:cI~ ??'0'-'a'J1NaS,' ',;;n:al::l - .. J;;'B;:;\o- 51'1\ O~
3Io.<?,')\\<:> 'ilSeat \,\lld\aaa8. _ ,3?IS~~ 3',)t.;':i~(\ ,'\.130.
3\a\cI.,;l~, 30. e _ ,0 ?a,~""U~'d:lI\"':.j _ ;\ ,.\el('l. ?3 .\, a'J-
)'<I\Sal' oala\S\oa~d 51 -;.0 o."3\\e~e :v"'. : \Ie~'\ ??1rlJOClL.llI
$.f 'C;:1Q\I\~S-;\') f.,ue lO~:\lo. I-\N~;':~!i.ual:2 :...,0."'" '<I ·
'~<?u~;~eu~;;'I;::~~o.:.LJ1JliiG--Au~D CODE ENFORCE~IENT DEPT.
1&L';$.~1(1'
~M'TUCJr~"" TOw"N BUILDING .:\J.'{NEX
~;~ 37 WASHINGTON STREET
_ \~~ NA.NTUCKET, V.....A..SSACHUSETTS 02554
i!" ~
~ I:~
- ~."....
- ~^' "
. =-,,~ "
...~ ./ ~ ...'"
.p .......... 'l). "
,ORA'T... ,,\'
111'"11"'\'
Telephone 508-228-7222
Tele Fax 508-228-7249
October 17, 2006
Elizabeth Singer
674 Ad Hoc Rd.
Great Falls, VA 22066
Dear Ms. Singer:
Your request for work at 63 Baxter Rd. (Map# 49, Parcel# 22), has been denied for the
following reason(s):
The Zoning Board of Appeals relief you received to allow the proposed work has expired
on September 13, 2006.
If you have any questions regarding this notice please call, fax or visit.
~eC~llY,
~ Silverstein
Zoning Enforcement Officer
Town of Nantucket
Please be advised tbat all appeal of tbis denial may be filed witbin 30 days of tbis notice witb the Zoning Board of Appeals pursuant to ~ 139-
3lA(2) of the Town of Nantucket Zoning Code.
I
I
,.....
I~
:~
I~
I~
tb::J
I~
l~
I
I
I
I oog~8o
dzlo .. DD
~D
~. i
\:i' .
CJ
~
~o
1::-
~-
I
--~, i,.,-,J
~ ----v.
) \
~ :
I
t
~~
~ it
t~
~ ~
~. ~.
""
1
I
1
I
I
I
....1
51
~I
~\
tl
0':11
~1
~I
I
~trl
~tl9
?;l b:j
~. . ~.-------'
~. I .
. I ,
,,~ - \ .
~~
o~h:
t~ \
~ -\ ;
~,
~ I. _ /:
'\I
~
.t
~~
'"\:) -
~'Z.
P ~
~~
c
,)
I
\
I
I
I
I
~~
I
.- --- - - - -It- - -
-J
j
;;p
~
~.
~
;::
~
III
" -,Ot
I
\
j
~~-
~
~
~
4'
11'" 1'1- ok
# ~OD
~I
--
RECEIVED
BOARD OF ASSESSORS
Town of Nantucket
NOV 1 4 2006
, .
ZONING BOARD OFAPPEALS
TOWN OF
NANTUCKET, MA
LIST OF PART[ES rN rNTEREST [N THE MATTER OF THE PETITION OF
PROPERTY OWNER.....gf!.~..~~~rul;..kL
. ~(,f ~p...~~.:t. n. l ~t
MAIUNG~ DD kESS... .c~. '~A 'h't.e;b'T'~",,,,,,,,,,,,,,,
PROPERTY LOCATION. ....to. 3.... f3..~e-:r:...gQa...d..........
ASSESSOR.S MAP/PARCEL...... ..':f1../.;?;.. ,~...............,....,...............
A P P L Ie ANT.. t11~~. $:;~e.(;, .~...t ~. .............. .........
PHILBRICK AND AVERY LlP
P.O. BOX 148
ZERO MAIN STREET, 2ND FLOORS EE ATTACHED P AG ES
NANTUCKET, MA 02554
I cerilfy that the foregoing is a list of persons who are owners of abutting ?roperty, owne~ of
land directly opposite on any public or private street Or way; and abutters of the abutters and all
ocher land owners within 300 feet of the property line of owner's property, all as they appear on
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section l 39-290 (2)
.md.../~...RO"O".?
A~Ii!~
DATE
-
ASSESSOR'S OFFICE
Town of Nant\.lcket
=
~ rr.. (lr..
~ ~~~~:il:il:il:il:il:il:illi!
u ... ...
o a1~ar:=P::IlCar:a:~"="
..:I pa CIQ 111 1I1 J&1 W IllI W IlI1 W
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
0: ~~~~~~~~~~~~
o Z. ~ ~ Gl j:Q Q:I aI aI j:Q m l:Q aI
... 0 0
l\1 Ut)lIlo\,...lIlr-cn....NOO)
Cl. CIlCllIllIll\Q\Q!D\Dr--r--r--OQ
:il :il ~ ~
Q
H Q = 1:1I: PI: Ill::
1I1 Pi: W W f4 ~
~ fo4 I-t fo4 (o-l
~ = ~ ~ ~ ~
H E-t m I:I:l j:Q aI
j ~ ... '" 0 ... '"
&tol lQ \D \0 ID 1(1 l'
:il :il :il
>< >< ><
~ ; ;
c,1 en CIl
z
...
'"
.c
~ :il
>< ..
.. ..
'" ~
f:l ~
>< III
.c
III ..
...
'"
... '"
., .,
. ~ 0 N ~ ~ . 0 . ~ g) ~ ~ . ~ g) Q 0 . . m . ~
III ~ H ~ 0 M III M ~ 0 M ~ ID ~ ~ 0 .... ~ ~ ~ ,... ~ ~
0. U"IlI')r40C 0\ III rD 1ll........1J'l "'Ill o 0.... 1""4 U"IlI'l"'U'1Q
"rt NNN.Ol""'rt\DNr-..NC'IlNNONNNNI"'lNN
No OOOO\NOOOOOO'lOOCNNOOOOMON
~
'"
~ ~ ~ ~ g ~ ~ t ~ ~ ~ ~ ~ ~ ~ g ~ ~ ~ ~ ~ ~ ~
.. ~
.. ..
tl tl
::> ::>
g ~ ~
~
~
.
...
'0
'0
.c
Ol
=
....
....
....
.
:c
t!l
Z
~~
t1l
H
...:IE-<
r.1
t1l~
c:.:U
r.1 ::J
E-< E-<
~~
IIlZ
III
I(
~ ~ ..
~ ;; ~
~ 0 0
. .. '"
... III III
'0
'0
.c
~
'"
~
,
...
.
l
o
u
I ~ ~
~ ~
. 0 0
. .. ~
.
Z ....
.. ..
~ " "
, U U
... ::> ::>
· S S
! z '"
.~
::>
o
u
en en
~ E-t M ~ i-I ~:z:
.. g ~ to" ~.... t ~ g
~ ~ ~ ~ g i ~ s ~ ~ ~ g ~ ~
~ Q = t W ~ ~ ~ ~ ~ ~ ==
~ e ~ = ~ ~ ~ ~ ~ ~ ~ ~ = ;
j:Q ~ ~ ~ z. u ~ l:Q CIl CIl en ~ ~ ~
s
'"
o
...
..
...
.c
'"
...
'"
~
...
.c ..
.. a
~ ~
'"
.. fool
'"
!:! u
'"
... '" 0
:I. 0 rot cc
~ ~ ~ u- ~ ~
~
'"
::> ...
'" .c
~ ..
..
..
~ ~ ;
5 ~ ~
'" "
><
.. ., ..
s 0 ~
... .c ..
.. .. '"
o
~ ~ ~
I-t U U
..
:0: ..
..
~ '"
<< ~
.. ..
'"
... ..
..
'" ;';
.. >
.. ..
~ "
..
.. ..
~ ~
'" Q
~ ~
..
o
o
'"
... ~
..
.. ..
.. 0:
... ..
::> '"
'"
'"
.. 0
'" '" '"
... "
... .. u
~ .c
x .c ..,
o ..
.. '" M
...
0: 0 0 '"
III P. \D r'l
..
'" '" '"
o 0
... ... ~
'" '" 0
000:
.. III III
00'"
.. .. ....
..
Q :i
'" ..
..
u .c
o '"
'" ..
~ 0
'"
... ...
... '"
'" M
~
>.
..
~
"'
'"
..
'" '"
o 0
.. ..
'" '"
~ ~
'"
~
Q
~
'"
l-4 ~ := f-4 ~
~o~=.~~
o .. 0
u U (,) ~
en CIl X tI'l Ill(
~ ~ :l ~ ~
CIl CIl ~ tIl CJ
~
'" '"
'"
o
'"
u
~
'" Q
0:
'"
.. Q
'" .. ...
., .c ..
Cl :0: ...
j i: ~
'" .c
o ..
Z
..
'" ..
::> u
'" ::>
~ ...
Cl '"
'" z 0
S.., E ~
... Q ><
U
I-t g:; PI: :;l
:5 ~ ~ ...
Q, ~ fool :z:
~ ~ ~ 3
Po ....... Vol ~
~ ~ ~ ~
Q
o ~ 0 0
......0...............
tJ U U U
'"
~ ~
.,
.. ..
~ i
.. ..
'" ..,
.. ..
'" ..
o
'" ...
... ..
... ...
"' '"
'" ~
.. :c
..
'" ..
Cl u
::> ...
... '"
> ..
'"
== ~ IW =
o ..
~ 8 3 ~
eo~~~E
~ i : ~ ~ ~
U ; In g I( ..:; '--
j < ~ ~ ~ ~ 0 ~ ~
.., 0 ~ ~ ~ ~ ~ 0
~ ~ ffi ~ ~ E ~ ~ ~ ~
~ i g ~ ~ i i ~ ~ : ~ ~
~ ~ G Q Q ~ ~ ~ ~
z ~ z ~ ~ ~ ~ u ~ ~
~ ~ g ~ ; ~ ~ ~ ~ 6 t t
~ e ~ ~ ~ ~ ~ z ~ ~ ~ ~
.. ..
:0: :0:
~
..
:i!
....
.... '"
'" .,
'"
.. ..
'" '"
o 0
~ ~
'" ..
.. ..
.. ..
.. !-o
.. .,
!-o ..
'" '"
o 0
'" '"
o 0
..... .....
u u
'"
0:
..
'" '"
~ ~
l/l '"
::> ::>
U1 ~
U U ., ~.
~ ~ ~ ~ ~
0: .. ..
l;; l;; &l = ~
::> ~ ~ J::io ~
0: '" ...
t-I fo1 .., '":) ..:4
"'
f-o f-I ;;( ~
~ ~ ~ ~ ~
S 8 g g ~
tIl tIJ p:; P;: tI)
~ ~
o COO 0-1 r1..,.U"\\D""Lnl'I%lC)o-INI""I""""Oo-l NCD
~ ~ N N n N N N ..,. ..,. ~ "" U"\ U"\ ~ ~ ~ ~ ~ 0\ ~ ~
.,
. '"
:s'._
~ ~ ~
!:O,~~