The URL can be used to link to this page

Home My WebLink About052-07 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 8 NOTICE c.~ ........-" ....", z . A Public Hearing ofthe NANTUCKET ZONING BOARD OF APPEALS ~ll be hel~t 12:00 P .M.. FRIDAY . JULY 13. 2007. in the Conference Room, 2 F AIRGROUNl>.S ROAD,.Nantucket, MA, on the Application of the following: \.A) Vi o DARYL ACHESON WESTBROOK, AS TRUSTEE OF DA W NOMINEE TRUST BOARD OF APPEALS FILE NO. 052-07 Applicant is seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-33A (alteration/expansion of a pre-existing/nonconforming structure/use), to expand the existing nonconforming ground cover; SPECIAL PERMIT reliefpursuant to Section 139-33A(9), to be able to remove and replace existing nonconforming ground cover; to the extent necessary, a MODIFICATION of the Decisions in BOA File No. 083-04 that granted SPECIAL PERMIT relief pursuant to then Section 139-71, currently Section 139-33A, to expand nonconforming ground cover; and in the Decision in BOA File No. 004-85 that granted SPECIAL PERMIT relief pursuant to Section 139-5(3), currently Section 139-16C(1), reducing the rear yard setback allowing relocation of the garage to a site no closer than seven feet with a minimum setback of ten feet required from the rear yard lot line. Applicant now proposes to remove the existing about 311 square-foot garage and construct a new about 782 square-foot secondary dwelling that would be sited no closer to the westerly rear lot line than the previously approved seven feet. Applicant is also seeking SPECIAL PERMIT relief pursuant to Section 139-16C(I) to reduce the required northerly side yard setback distance from ten feet to five feet in order to maintain the required 12-foot scalar separation between the existing dwelling and the proposed secondary dwelling~ The 20% differential requirement would be met. In addition, the Applicant is seeking relief pursuant to Section 139-16C(1) in order to reduce the southerly side yard setback from ten feet to five feet to validate the siting of a nplayhouse~, a portion of the original house that was removed from the house and relocated to the current site in 1984. The southwesterly corner of the about 138 square-foot structure would be slightly shifted to a point no closer to the .southerly side yard lot line than five feet. The existing ground cover of about 16.43% would be increased to about 19.84% (about 2,140 square feet) in a district that allows a maximum ground cover of 12.5%. The lot is also nonconforming as to lot size with the lot containing about 13,814 square feet of area in a district that requires a minimum lot size of 20,000 square feet; and as to front yard setback with the existing dwelling being sited as close as about 8.5 feet from the front yard lot line in a district that requires a minimum front yard setback of 30 feet. The Premises is located at 16 BAXTER ROAD, Assessor's Map 49.2.3, Parcel 16, Plan File 2-51, Page 14, Lot 7. The property is zoned Sconset-Residential-2. Na;~~ THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER AL TERNA TIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. ~ ,.t"1~, .I. U '-'.l"-CI.l LJV~ ''''1' '-Y llVftftl1 VI' ftr r .c.ftLC) 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 CASE NO. Of"'z,07 FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Mailing address: Applicant's name(s): Mailing address: Locus address: Daryl Acheson Westbrook. as Trustee ofDA W Nominee Trust c/o Reade. Gullicksen. Hanlev & Gifford. LLP Same 6 Youn2:'s Way. Post Office Box 2669. Nantucket. Massachusetts 02584 16 Baxter Road. Siasconset Assessor's Map/Parcel: 49.2.3-16 Plan No.: 02-51 Lot No.: N/A Date lot acquired: 12/17/2002 Deed Ref: 792-180 Uses on Lot - Commercial: None _ Y es (describe) Zoning District: SR-2 Residential: Number of dwellings ~ Duplex_Apartments _Rental Rooms Building Date(s): All pre-date 7/72? x or Building Permit Nos: C of O(s)? Previous Zoning Board Application Nos.: 083-84: 004-85 State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: See attached addendum. 8 c=.- Z N 1.0 -0 I certify that the information contained herein is substantially complete and true to the best of>my knowledge, under the pains and penalties of perjury. :t SIGNATURE: Applicant Attorney/Agent x (If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board) . FOR ZB~ OfFICE USE . ~ Application received on:1lJJ1~l.d2By: rwz l Complete:V" Need copies?: Filed with Town Clerk:m~Q2Planning BQaril'_/~_ Building Dt:Pt.:-,,~_~ t{j).iJ ' Fee deposited with Town Treasurer:k'_I_BY:~ Waiver requested?:_Granted:-"_I_ Hearing notice posted with Town Clerk:W t2?7Ql Mailed:_~j22..0 I&M:~~ & L~~ Hearing(s) held on:-"-"_ Opened on:-"-"_ Continued to:-"-"_ Withdrawn?:-"-"_ DECISION DUE BY: 1 1 --- DECISION APPEALED?: 1 Made: 1 1 Filed wIT own Clerk: 1 1 Mailed: 1 1 1 SUPERIOR COURT: LAND COURT Form 4/03/03 ~I/ Tr~i~ ADDENDUM TO APPLICATION OF DARYL ACHESON WESTBROOK, TRUSTEE The applicant proposes to replace the existing about 311 square- foot garage upon the locus, sited about seven feet from the westerly rear lot line pursuant to the Special Permit granted by the Board of Appeals in File No. 004-85, with a new secondary dwelling. Minimum rear yard setback in this zoning district is ten feet. Present ground cover ratio is about 16.43%, with the existing structures (consisting of a single-family dwelling, shed and garage) having ground cover of about 2,269 square feet, and the locus, an undersized lot of record, containing about 13,814 square feet of lot area in a district that requires a minimum lot size of 20,000 square feet. Maximum ground cover ratio in this district is 12.5%. The proposed secondary dwelling will have a ground cover of about 800 square feet; with other changes as proposed, the total ground cover upon the locus will be about 2, 758 square feet, for a ratio of about 19.97 % . Rear yard setback will be maintained at not less than seven feet. At the time the locus was placed in a Residential-2 zoning district in 1983, it became nonconforming as to ground cover ratio. Accordingly, the applicant requests relief by Special Permit under Nantucket Zoning By-law 5139-33.A, for the al teration and expansion of the pre-existing residential uses, specifically an increase in ground cover upon the locus, without creating any new nonconformity; and pursuant to Zoning By-law 5139-33.A(9) to remove and replace existing nonconforming ground cover. In addition, to the extent necessary, applicant is seeking a Modification of the Decision in BOA File No. 083-04 that granted SPECIAL PERMIT relief pursuant to then Section 139- 71, currently Section 139-33A, to expand nonconforming ground cover; and in the Decision in BOA File No. 004-85 that granted SPECIAL PERMIT relief pursuant to Section 139-5 (3), currently Section 13 9-16C (1), to reduce the rear yard setback to allow relocation of the existing garage to a site no closer than seven feet. Further, applicant is seeking SPECIAL PERMIT relief pursuant to Section 139-16C (1) to reduce the required southerly side yard setback from ten feet to five feet to validate a "playhouse", a portion of the original house that was removed from the house and relocated to the current site in 1984. The southwesterly corner of the about 138 square-foot structure would be shifted to a point no closer to the southerly side yard lot line than five feet; and to reduce the northerly side yard setback from the ten feet to five feet in order to place the proposed secondary dwelling more than twelve feet from the main dwelling with a roof overhang consistent with the architectural style of the main dwelling, and minimizing alterations to the main dwelling. The required 20% differential would also be maintained between the primary and secondary dwellings. The present dwelling is also nonconforming as to front yard setback, being sited about 8.5 feet from Baxter Road at the closest point; minimum front yard setback in this district is 30 feet. F:\WpU-Z\Westbrook\16 Baxter\ZBA APP.doc ZONING CLASSIFICATION: ~(e:" ~. WN. ARFA: . . .?9~P;q -?:1=J. . * FRONTAGE: . . 7.:".F:T: . . . . fRONT YARD S.S.: . ..:3.C! F.'T. . . REAR de Sll)E S.B.: . /Q .r..r, . . . GROUND COVER (%): .I.z..~ :/'0 . . EXISTING: 13 6/;J. or .:3.p, ~~,6:~4~;/ " . . . . . . . . . " N ..~ q ct . . . . . . . . . ., +9.2.:3 -.39 fI./T r. Po OVI':R/..OCt<. l< u ' t-.. lJi ~ I' ~ ~ I (<) 'l.. bi III . ~; " q ll, ''': ~ r.l Q.. ~ ..,; '( ~ ~ ll, .PROPOSIF:D HOV.:s;:: (G.C.= 78Z:tr.5.F) ,/'.-/ .OVJ::R.NANG / /tY.03 (/ POOTPRfNT / '., ..'-- ) / .35'. SO I~ (04 __'I<) 7.0 r I I I I I I I I I 7.0 . T'OACCOJvfODATIC lZ'SePAR.- /. . ArlON APPIeOXIM:;t.T'C:/..Y \!j~*.s.P. <t O~!1;Ar, TO BE cC.n- 1 '/2 ..,r:;,'. W/F' .H. (!HJ S If!: ~ \<) .. .~ I I' \0 'fo ~. ..;~ 1Q ~ Ifi ~ k " ho ~ lij .G e ~ ...... " ~ U1 f... >< r:(, '{) JJ.. .... I .sT;X W/F' GARAGE G. C.:=. 311:1:; S.P. (TOZJIf: f?~MOY~:D) (c.b.) .~ r:J [::~.~ \'j : "l .Pt..AYHOUS;:: (rO.BJ<:"HIF"TJ::D TO MEE.,$'S.B.) G. C. := I1'>Bz- S. P. (c.b) 1R.1./3 -,- 7.3.1.-1-- 32- ,./f: C.J. MARitI<. Tr. BUILDING LOCATION PLAN OF LAND tN NANTUCKET, MASS. PROF'ESStONAt l.ANl) SURVEYOR -- THIS PLOT Pl.AN WAS PREPARED FOR THE: TOWN OF NAHTUCKf:T atJfL.M4G DEPARTWENT 0Nt. Y AND SHOUlD HOT BE:.. COHSfDERED A PROPERTt UN€: SURVEY. THIS PLAN ~ NOT BE USED. TO ESTABUSH PROPERTY UHES. FENCES, HEDGES. OR ANY AHCIlLARY STRUCTlJR'ES ON THE PRDMSES. THE: PROPER'rY lWES SHOWN RE1Y ON CURRDJT DEEDS AND PLANS OF RECORD. THlS PLOT PlAN IS NOT A CERTlFlCATlON AS TO TITlE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJ()lNfNG PROPERTIES ARE: SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. ASSESSOR MAP: 1-!??: ~ . PARCEL: .1<f. . . c:\J08S\CW~IlJ' SCALE: 1". Z5' DATE: JUtlE ~5. 2007 Own..: .p1~~"-: ~C:H,~s.ot'.Vr(I1:,S.r.bfG'?<:?I<?', . Trustee o-F PAW NOMIN!'f:e 7"IeUST Dee<l: . 7~2:-/!=S9. . . . Plan .o.;e,-.5,1. . . . L~u. . {~. !3~?<TIf~ .~~~~ . . . . . . . . CHARLES W. HART &. ASSOCIATES, IIw. SANFORD BOAT BUlLDlNG 49 SPARKS AVENUE NANTUCKET. MASS. 025M (508) 228-8910 )lOT TO. BE RECOIWE1D. H-5585 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET WNING BOARD OF APPEALS will be held at 1:00 P.M.. FRIDAY. JUNE 8.2007. in the Conference Room, 2 FAIRGROUNDS ROAD, Nantucket, MA, on the Application of the following: DARYL ACHESON WESTBROOK, AS TRUSTEE OF DA W NOMINEE TRUST BOARD OF APPEALS FILE NO. 052-07 Applicant is seeking reliefby SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-33A (alteration/expansion of a pre-existing/nonconforming structure/use), to expand the existing nonconforming ground cover; SPECIAL PERMIT relief pursuant to Section 139-33A(9), to be able to remove and replace existing nonconforming ground cover; to the extent necessary, a MODIFICA nON of the relief granted in the Decisions in BOA File No. 083-04 that granted SPECIAL PERMIT relief pursuant to then Section 139-71, currently Section 139-33A, to expand nonconforming ground cover; and in the Decision in BOA File No. 004-85 that granted SPECIAL PERMIT relief pursuant to Section 139-5(3), currently Section 139-16C(I), to reduce the rear yard setback to allow relocation of the existing garage to a site no closer than seven feet with a minimum setback of ten feet required from the rear yard lot line. In addition, Applicant is seeking SPECIAL PERMIT relief pursuant to Section 139-16C(1) to reduce the required southerly side yard setback from ten feet to five feet to validate a "playhouse", a portion of the original house that was removed from the house and relocated to the current site in 1984. The southwesterly comer of the about 138 square-foot structure would be shifted to a point no closer t9 the southerly side yard lot line than five feet. Applicant now proposes to remove the about 311 square-foot garage and construct a new about 800 square-foot secondary dwelling incorporating the groun~ cover from the gamge and the new dwelling would be sited no closer than about 7.5 feet from the westerly rear yard lot line. The an existing portion of the existing dwelling, with a ground cover of about 46 square feet, would be removed in order to maintain the required 12-foot scalar separation between primary dwelling and proposed secondary dwelling. The primary and proposed secondary dwelling would also meet the 20010 differential requirement. The existing ground cover of about 16.43% would be increased to about 19.63% in a district that allows a maximum ground cover of 12.5%. The lot is also nonconforming as to lot size with the lot containing about 13,814 square feet of area in a district that requires a minimum lot size of 20,000 square feet; and as to front yard setback with the existing dwelling being sited as close as about 8.5 feet from the front yard lot line in a district that requires a minimum front yard setback of 30 feet. The Premises is located at 16 BAXTER ROAll, Assessor's Map 49.2.3, Parcel 16, Plan File 2-51, Page 14, Lot 7. The property is zoned SCO~~ ,gJ/CJl-Alfi Nancy J. Se , Chaiiman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OrnER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 CASENO.OO~7 FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Mailing address: Applicant's name(s): Mailing address: Locus address: Daryl Acheson Westbrook. as Trustee ofDAW Nominee Trust c/o Reade. Gullicksen. Hanlev & Gifford. LLP Same 6 Youn2's Way. Post Office Box 2669. Nantucket. Massachusetts 02584 16 Baxter Road. Siasconset Assessor's Map/Parcel: 49.2.3-16 Plan No.: 02-51 Lot No.: N/A Date lot acquired: 12/17/2002 Deed Ref: 792-180 Uses on Lot - Commercial: None_ Yes (describe) Zoning District: SR-2 Residential: Number of dwellings-L- Duplex_ Apartments _Rental Rooms Building Date(s): All pre-date 7/72? x or C ofO(s)? Building Permit Nos: Previous Zoning Board Application Nos.: 083-84: 004-85 State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: See attached addendum. 8 -Cl'. c' \. r - :..3: =< N LV ~~' -u w I certify that the information contained herein is substantially complete and true to the best9f my knowledge, under the pains and117ti':" of perjury. SIGNATURE: ~/.. ~ Applicant Attorney/Agent x (If not owner or owner's attdmey, please enclose proof of agency to bring this matter before the Board) FOR ZBA OFFrICE USE /" _______ Application received on: sf.1./:..f) By: ~ ~ Complete~ Need copies?: Filed with Town Clerk: r- ?~~Plauuiug Board:-!_I_ Building Dept.:-!-!~ Fee deposited with Town Treasurer: .r-/~3/d'JBy: ~aiver requested?:_Granted:_/-"_ Hearing notice posted with Town Clerk:~ /b~cJ}Mailed:J/~/d)I&M: S/!!iJCI) & ,s-r3}j~ Hearing(s) held on:_/_/_ Opened on:-"-"_ Continued to:-"-"_ Withdrawn?:_/-"_ DECISION DUE BY:-"--!_ Made:--!--"_ Filed wtrown Clerk:--!_/_ Mailed:-"-"_ DECISION APPEALED?:_/_/_ SUPERIOR COURT: LAND COURT Form 4/03/03 ADDENDUM TO APPLICATION OF DARYL ACHESON WESTBROOK, TRUSTEE The applicant proposes to replace the existing about 311 square- foot garage upon the locus, sited about seven feet from the westerly rear lot line pursuant to the Special Permit granted by the Board of Appeals in File No. 004-85, with a new secondary dwelling. Minimum rear yard setback in this zoning district is ten feet. Present ground cover ratio is about 16.43%, with the existing structures (consisting of a single-family dwelling, shed and garage) having ground cover of about 2,269 square feet, and the locus, an undersized lot of record, containing about 13,814 square feet of lot area in a district that requires a minimum lot size of 20,000 square feet. Maximum ground cover ratio in this district is 12.5%. The proposed secondary dwelling will have a ground cover of about 800 square feet; with other changes as proposed, the total ground cover upon the locus will be about 2,712 square feet, for a ratio of about 19.63%. Rear yard setback will be maintained at not less than seven feet. At the time the locus was placed in a Residential-2 zoning district in 1983, it became nonconforming as to ground cover ratio. Accordingly, the applicant requests relief by Special Permit under Nantucket Zoning By-law ~139-33.A, for the al teration and expansion of the pre-existing residential uses, specifically an increase in ground cover upon the locus, without creating any new nonconformity; and pursuant to Zoning By-law ~139-33.A(9) to remove and replace existing nonconforming ground cover. In addition, to the extent necessary, applicant is seeking a Modification of the Decision in BOA File No. 083-04 that granted SPECIAL PERMIT relief pursuant to then Section 139- 71, currently Section 139-33A, to expand nonconforming ground cover; and in the Decision in BOA File No. 004-85 that granted SPECIAL PERMIT relief pursuant to Section 139-5 (3), currently Section 139-16C (1), to reduce the rear yard setback to allow relocation of the existing garage to a site no closer than seven feet. Further, applicant is seeking SPECIAL PERMIT relief pursuant to Section 139-16C(1) to reduce the required southerly side yard setback from ten feet to five feet to validate a "playhouse" , a portion of the original house that was removed from the house and relocated to the current site in 1984. The southwesterly corner of the about 138 square-foot structure would be shifted to a point no closer to the southerly side yard lot line than five feet. The ground cover of the existing dwelling will be reduced by about 46 square feet in order to maintain the required 12-foot scalar separation between the existing primary dwelling and the proposed secondary dwelling. The required 20% differential would also be maintained. The present dwelling is also nonconforming as to front yard setback, being sited about 8.5 feet from Baxter Road at the closest point; minimum front yard setback in this district is 30 feet. Town of Nantucket Web GIS - Printable Map Page 1 of2 II I -_J <( . "---- UI'=!?N 5T --==-l """ rn n 'w ~o---~ G 129ft-- Prop ID Address Owner Sale Date Sale Price Book/Page Lot Size 49.2.3 16 16 BAXTER RD WESTBROOK DARYL A TRUSTEE DAW NOMINEE TRUST PO BOX 262 SIASCONSET, MA 2564 12/17/2002 $0 00792/0180 0.32 acres Town of Nantucket Web GIS . ~.~ 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. Disclaimer 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 r::jQnnr~nhir Tnfnrm;:!tinn c::.\I<:.tjQm (r.;rc::.' r1;::tt.::.h;:!c::p Town of Nantucket, Mass Map Composed http://host.appgeo . comlnantucketmalPrintab leMap. aspx?Preserve= Width&Map Width=864... 5/23/2007 Town of Nantucket Web GIS - Printable Map Page 1 of2 Town of Nantucket Web GIS ~ Prop 10 Address Owner Sale Date Sale Price Book/Page Lot Size 49.2.3 16 16 BAXTER RD WESTBROOK DARYL A TRUSTEE DAW NOMINEE TRUST PO BOX 262 SIASCONSET, MA 2564 12/17/2002 $0 ?P1 00792/0180 0.32 acres . 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. Qj~clairoer 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 ~jOnnr;:tnhjr Tnf"rm~tinn c:.\Ic:h:::lm r(:;rc::, r1;:!t;:!h;:!c:~ a ~~ ~ Town of Nantucket, Mass Map Composed http://host.appgeo .com/nantucketma/PrintableMap.aspx?Preserve= Width&Map Width=4 32... 5/2312007 Town of Nantucket Web GIS - Printable Map Page 1 of2 Town of Nantucket Web GIS Prop ID Address Owner . 49.2.3 16 16 BAXTER RD WESTBROOK DARYL A TRUSTEE DAW NOMINEE TRUST PO BOX 262 SIASCONSET, MA 2564 12/17/2002 $0 1tPf 00792/0180 0.32 acres 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. [2jsr;!almer 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 GAf"If1r;::mhir Tnfnrm.:::lltinn c;\Ic:tpm r(.;Tc::., r1~t.:::llh;::\c:p Sale Date Sale Price Book/Page Lot Size o ~~~ ~- Town of Nantucket, Mass Map Composed http://host.appgeo.comlnantucketma/PrintableMap.aspx?Preserve= Width&Map Width= 127... 5/2312007 Town of Nantucket Web GIS - Printable Map Page 1 of2 Town of Nantucket Web GIS Prop ID Address Owner 49.2.3 16 16 BAXTER RD WESTBROOK DARYL A TRUSTEE DAW NOMINEE TRUST PO BOX 262 SIASCONSET, MA 2564 12/17/2002 $0 00792/0180 0.32 acres Sale Date Sale Price Book/Page Lot Size lt~ . 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 ~A"nr~nhir Tnfnrm~tinn ~\/c:tj:)m ((:;Te:;, r1At.::lhAC:,::a o ~ __J\~ y-V ~ Town of Nantucket, Mass Map Composed http://host.appgeo . com/nantucketma/PrintableMap. aspx?Preserve= Width&Map Width=4 3 2... 5/23/2007 Town of Nantucket Web GIS - Map Page Additional Info Page 1 of 1 Town of Nantucket Web GIS Home Find Parcels . :: :c ~ ~.. Zoom In 1II1I1IIII Out fC[ ~~ ~ t.. 499 <4 ,3R .... soum """ ~ ~.. Set Scale 1 in. = 166 .-?...I ,.~J ft. Property ID 49.2.3 Location 16 BAX ~ D 1998 Aerial Photo D Aerial Photo [] Airport G2J Bicycle Routes G2J Buildings D Contours [J Docks G2J Driveways i~ Edge of Pavement D FBED G2J Fences D Dormitory 00 D Employee Housing D Flood Hazard 00 D Harbor Watershed I HOC Old Hist Dist D Index Contours ... ~ u.l ~ Wetlands Bicycle Routes Buildings Driveways Parking Sidewalks Parcels Use of this facility is dependent upon acceptance and understanding of Use Conditions and Data Caveats contained on http://host.appgeo .com/nantucketma/Map.aspx 5/912007 ~ ----j ~ h ~ I ~ .1';' ~ ~ I /! r-' (C) ~ ::) r~ ~ I :~ I ~ !} I ~ I\_~:C TtD I ~ 8~' I', I sry w/.... J)/rCI<: G:AA'A(;E I I GC'3:;.~ ZONING CLASSIFICATION: . ~-.2: UIN. AREA:. .;;'9PC?C?~..F(. UIN. FROtlTAGE: . .7S'J;'T. . . . FRONT YARD S.B.: . ~P. ;;r.. . . RrAR &I SlOE S.B.: . I<? .~. . . GROUND C<M:R (X): . ~.c;.~~ . . (l) f-., I lQ 'l':~~ ": .......,^ l') ~ " '" ~ II) , , /.5'!r t"'j .i4 /....."'~ If<, -, EXISTING: ,A.PP/'tO:X. .IIVCJ. ) 13600 C W""lo': :~.e:~ f'+':-'~: ,. . . . . . . . . . ., . . . . . . . . . ~9.Z.3 --3~ rvlt:' F7 Po OVER-LOOK t:) ~ N -9G ':i: , .j<, t-' \\l: t~~;t_. .I'''z sry w/,r:- . -'<.ov.s~ -II , .(1) ..... ..... ~ ~ ~ X ~ ~ t ;.sH~P03 LJ.~ G.C.=/38:i= ,I<) ..5.p. /ZJ'= 73.1.-1-- -32 11-jr C.J. MA.Jer/x MORTGAGE PLOT PLAN OF lAND IN NANTUCKET, MASS. SCALE: 1.. 30' DATE: ,5"-Z6-;)8 TO: ..../"f~f:l.-':y.C:J::'-.~T.. ..E!~?>f!<:. . . . . . . I CERllfY, TO lHE BEST OF UY KNOWLEDGE. THAT. THE PREWSES SHOWN ARE I.OCAlED IN FlOOD HAZARD ZONE: . ~ . . .,DELINEATED ON F J.lUl. / COUUUN1Y PANEL NUIoIBER: 250230-00 CJ.'fJ:. ,l), ff( lHE fEDERAL DlfRCENCY IoIANAGEIoIENT N;D4CY. EFFECTIVE DATE or UAPS: JUNE 3, 1986, AND 1S PERlODICAI.l.Y REVISED. THIS PLOT PLAN WAS PREPARED FOR aAORTGAGE PURPOSES ONLY AND IS NOT TO BE CONSIDERED A FUll INSTRUaAENT SURVEY. 1llIS PLAN SHOULD NOT ~ ~ J?a~USH PROPERTY UNES, FENCES, HEDGES STRUCTURES ON lHE PREUJSES. THE PROPERTY UNES SHOWN RaY ON CURRENT DEEDS AND Pl.ANS OF RECORD. 1liJS PlOT PLAN IS NOT A CERTIFICATION AS TO THE TTJtE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS Of ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS Of THE TOWN Of NANTUCKET. Owner: .p~~.';Y:'--. ~r;:.I;'~.S?~. y'v~~T.plf9C?J< ,(ors II (POleT.)& 12 Deed: !'~f?J?ftp..-1:7.S.3. Plan: i?-:~-? . . . -$-!7.2.:3- /lZ &. ,/(C JjAxrEJfe. Tax Map: 7..3,./, "1; - . '* . . . Locus: . ..R.: 1?. . . . CHARLES W. HART & ASSOCIATES, Inc. SANFORD BOAT BUILDING 49 SPARKS AVENUE NANTUCKET, )lASS. 02554- (508) 228-8910 H-5585 NOT TO BE RECORDED. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 December 3, 1984 Re: DARYL WESTBROOK (083-84) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. t~iI~ . BOARD OF\ APPEALS Eileen I. Cahoon, Chairman TOWN OF NANTUCKET BOARD OF APPEALS Nantucket, Massachusetts 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, NOVEMBER 16, 1984 at 1:30 p.m. in the Town and County Building, Nantucket, made the following decision in the Application of DARYL WESTBROOK (083-84), address 61 Allwood Street, Darien, CT 06820: 1. This is an Application for a SPECIAL PERMIT under Zoning By-Law SECTION 71 (expansion of a pre-existing non-conforming use). The granting of relief would enable the Applicant to increase the ground cover of their single-family residence occasioned by the ex- pansion of the kitchen area and other renovations. 2. From a review of the Application, accompanying map, plans approv.ed by the Historic District Commission, together with represeni- ations, testimony and letters offered at the Hearing, The Board finds that the subject property (Lot 16, Sheet 49.2.3 and 4, Sheet 73.1.4) on BAXTER ROAD, SIASCONSET, is zoned as RESIDENTIAL-2. Ground cover is limited to 12.5%. Prior to an amendment of the By-Law effective in April, 1984, the property as zoned was limited to 30% ground cover. With the Applicant's lot being about 13,566 square feet area, the max- imum ground cover was then reduced from about 4069 square feet (30%) \ to 1975 square feet (12.5%). Existing cover is reckoned at 2079.5 square feet, hence non-conforming. Area to be added is 154 square feet. 3. Included in existing ground cover is a garage. Applicant's proposed changes with respect to it are not dealt with in this Appli- cation. 4. Indicative of neighbors favoring the proposed increase are two letters, one signed by eight people. The Planning Board's recom- mendation was favorable. There are none opposed. (083-84) -2- 5. The Board finds that the proposed 154 square foot increase of Applicant's residence, slightly more than 1% of the total lot area, is not substantially more detrimental than the existing non-conforming use to the neighborhood. The non-conformity, an excess of ground cover ratio over that prescribed in Section 5.1 arose only recently and then by reason of a zoning change not specifically intended to affect such a minor expansion. The proposed increase is thus in harmony with the general purposes and intent of the By-Law. 6. Accordingly, the Board, by a UNANIMOUS vote, GRANTS to Appli- cant a SPECIAL PERMIT under SECTION 71 affording the requested relief from the SECTION 5.1, limitation on ground cover ratio, allowing Appli- cant to add the 154 square feet of proposed increase to his residence. Dated: December 3, 1984 Nantucket, MA 02554 i~i!~ Eileen I. Cahoon ~~./~~ , Wiltiam R. Sherman ~~- ()/rf~\lb7~V Linda F. Williams TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 February 15, 1985 Re: DARYL WESTBROOK(004~8S) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. ~ OF\ APPEAL Eileen I. Cahoon, Chairman TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FridaYi FEBRUARY 1, 1985 at 1:30 p.m. in the Town and County Building in Nantucket, made the following decision in the Application of DARYL WESTBROOK (004-85) address 61 Allwood Street, Darien, CT 06820: 1. This is an Application for a SPECIAL PERMIT under SECTION 5 SUBPARAGRAPH 3 of the Nantucket Zoning By-Law. The granting of the requested relief would enable the Applicant to re-locate an existing garage on their property at BAXTER ROAD, SIASCONSET, Lot 16 on Sheet 49.2.3 and 4 on 73.1.4, zoned RESIDENTIAL-2, to an area within within 5 (five) feet of their side lot line. 2. From a review of the Application, accompanying plans, together with testimony and letters offered at the Hearing, the Board finds that the subject property was the subject of an Applica- tion to the Board in November of 1984 (083-84) wherein the Board gave the Applicant a Special Permit to exceed their allowable ground cover in the construction of a new kitchen and renovation of their existing home. Plans presented to the Board in the original Applica- tion showed the garage in its new location but inasmuch as the Applicant inadvertently forgot to request that relief in her Applica- tion, the Board was powerless, at that time, to grant relief from the side-line set-back. 3. The proposed new location, opposite an abuttor's shed addition, is ~esthetically in~keeping with the previously approved addition, it will not have any detrimental affect on the residential character of the neighborhood and all the neighbors whose property it will affect have voiced their approval of the request. The Board does find that a 7 (seven) foot set-back as opposed to the requested five, would provide adequate space between this building and the closest building on the adjacent lot, and given this minor alteration, -2- (004-85) which the Applicant agrees with, the Board finds the requested relief to be in harmony with the general purpose and intent of the By-Law. 4. Accordingly, after motion made and duly seconded, the Board, by UNAN~MOUS vote, GRANTS the Applicant a SPECIAL PERMIT under SECTION 71 for relief from SECTION 5.3 of the Zoning By-Law, allowing the Applicant to move the existing garage to said proposed new location, 7 (seven) feet from her side lot line. February 15, 1985 Nantucket, MA 02554 ~~~.1~J~L ileen L Cahoon ~~ William R. Sherman L~a@l~~ \ , ~ 'tf .L"I~'VVI U.; L.U r^a VVO.,."OO"I) ... Kt.^Ut. l:iULLll;l\::;r. l(!;jlJU"/lJlJ" "'t't t Jf 6. 00 REC'i:IVED BOARD "'S3ESSORS APR 1 g 2007 Town of Nantucket OF NN\ITUCKET, MA ZQDiI}g Board of Appeals LIST OF PARTIES IN lNTERbST IN THE MATTER OF TIlE PETITION OF: PROPERTY OWNER....'72.~[J!.....~...~~~~~r~~... MAlLING ADDFESS. H .~~~~~.t ..9~Ali.~~~.Hm.c..."~nl~y. .A. ~.:i,.,fJ9.J.::9.L.. LL~ PROl'ERTY LOCA nON..... ...... n. /.4':.... t$.~1+c. . ..~~.................... ~'?~'3 - ~/(p A.SSESSOR ~P/P ARCEL............................... --. n............. ......--.................. APPLICANT... .~~~~.~.!.. .~~~ J;.~~ ~~!}.!. ..~~~.~.~.Y. ..~.. ~.i.;.~~~~.~. }+~... SEE A TrACKED PAGES I certify that the foregoing is a list of persons who are Clwners of abutting property, owners orland di:r:ectly opposite on any public or private street or way; and abutters of the abutten and all othe~ land ov.ners wlthin 300 feet of the property. line of o\\ner's property, aU us they appear on the I PtQst rcccnt applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 40A Section 139-29B (2) ~~ /~ ~aJ7 AT 7 r:l ~ ~ lil lil lil lil lil lil : lil lil lil lil lil lil lil lil lil lil lil lil lil lil lil z z lil A lil lil lil g oJ.. ~5 ~g ><f<g ~ ~g f<~g ~ .. .. .. .. .. ~ ~ ~ ~ ~ .. .. .. ~ .:l .:l .. .. ~ ~ ~ A ,., f<:J-;:: ..........;:l;:l;:l;Hi:J:J:J;:l><><:J~;:l;:l;:l.. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 8('1'tO'\r--U'lN....~ID....MOOQ)r--O\MOC""lIllM....(I)P;P;NIQ0'\r--1,l')~ ~ ~ N M M N N N N N N N N N M N N M N N M .... M .... M ~.... M.... M ~ o ... ... r- PI '" ~ 'f ... .... 00 .... M N 0'\ 0 III an r-- III N . M 1.0 Q. It'l III co LIt 'ltI r-- 0 f"'l "" NNIDNNr-IOr-- N oOOOOO....M Ul '" ... Ul ... ... o Ul I \0'" I o 0 . 0 .... 0 0'\ 0'\ ID .... 0 III 0 M co = ~ M .... II) N M (I) N M ... 0'\ 0'\ en III r-- (I) ... 0 0 M M N Q) III en en Ul 0'\ 0'\ en M rl MillO 0 en 1.0 N ~ P; 0 III r-- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ; ~ ~ ~ ... ... ... PI PI Ul '" '" Ul r- r- '" 000 Ii; ;!;!t;!;!)1~~tJt;!~~tiiH!;!)1lH:tta f< .. g ~ ~ .. ~ 0.: ~ 0 ~ ~ ~ ~ i:l ! H tJ H H &l = ~ ! ~ ::! l:l H U ~ tn A 0 .. 2 f< :;! rg ~ 8 ~ g ~ ~ ~ ! ~ ~ ~ ~ f< f< f< ~ ~ ,., g g !il .. ,., f< ,., ~ ... u Ii; ~ ~ f< .. f< ~ ~ ~ u ~ u ~ ~ ~ '" .. .. II .. '" '" 0< tll " .... ... .... ;! C!l Z ~~ CIJ H ' HE-t rzl CIJ~ ~CJ rzll:J ~~ ~ .. f1 ~ ~ .. ... .. ~ ~ ~ f< Ii; ~ Ii; >< A ~ p; 0 = ~ ~ ~ ~ ~ ~ :J .. 0 ~ ZO<O 8 : lil:s~~t~~t1.. ~ 1Q~t1 ~ f"-N"' 't1 CQ 0 rir--MOc ~ ~N~~:::~~~~~ ~ ~ f< tl ~ ~ .. f< f< lil f< 0 0 .. ~ ; I I I ~ f< ~ '" '" '" '" ~ ~ ~ ~ o .. Ii " ~ Z II I .. j .. f< o .. 5 rg o ... " :.: .. ~ ~ lil f< ... .. ~ .. is ~ .. ~ ~ i:l :1 u ~ f< ~ ~ ~ ~ f< ~ f< .. [;l !;J ~ [;l o f< ~ j o ~ a .. o " u U U f< ,., .. ~ .. .. i:l .. ~ ~ .. .g g ~ rn l:,Q'N .. r- r- '" '" A 00" " " U U 0: €l ~ .. ~ o .. .. .. ~ ~ ~ o .. ~ o " U :.: 0< ~ H .. o U '" '" o ~ ~ ... A .. :i -< {) " ~ I-t ~ tZC!J:! H ~ ~ ~ ~ ~ ~ ~ f< ~ ~ ~ rg .. .. H ~ ~ .. ~ .. ~ ~ ... ~ ~ ; ~ ~ Ii; 6 ~ ~ ~ ~ ~ 0: ... .. J ~ ~ ~ p; ~ ~ ~ ~ 4 ~ A = ~ m ~ ~ ~ 4 ~ 4 ~ ~ U ~ .. ~ U f< .. ~ t [;l ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Il f<"~ :o:s~t1""~>>Pl~~fi~><'" ~ "~::!0.:0<rg~t1~~"5"O~"'Hrg::l~ .. 5Si:l~~~~~~~~"i!E5!j~"~~:~~g I Ul:tw =~~O ~PtAiO 0'1~:z;p; ~~j:Qf-lP; H H Ii:1 H OOf-tOfa;l II ~elE~~~~e~f:l~~~~ss~~~~~ ! li!:~z:i!..~u!E..~;il:ll:lo==:o:"liio.. .oJ ... :5 ... ~ )1 ~ ~ ~ ;! ~ ~ ~ ~ ~ ~ o t ~ I ~ ~ ~ ~ fi lil = E1 ~ ~ ~ .. ~ ~ ~ 0< 0 tJ ~ f< f< tJ ~ i ~ ~ ! ! ~ o ... ~ o o ~ g i ::l ~ f< ~ ~ : ~ Ii; ~ E ~ : ~ a ~ Ul r- 0 ri In 0\ t-- C'I ri M III '" '" '" Ul '" ... '" Ul ~ ~ ~ ~ o 0 .. .. lil lil I I ; .. .. .. ~ ~ ~ f< f< '" ~ ~ ... .. f< .. tl ... ~ 0.: U ~ o o S ~ .. A ~ S A i'l .. .. ~ a i:l ... 0 tl e o )1 ~~ f< ~ f< f< lil gJ gJ f< ~ ~ g ~ ~ ~ ~ !;J ~ .. ~ ~ ~ .. .. .. .. .. .. ... 01 ... ~ i ~ .. ~ ~ .. f< ~ e I " ~ ~ ~ 0: .. ~ ~ A ~ ~.. ~ ~ ~ Ii: ~ ~ ~ ~ 8 PO ~ ~ ~ = t< z ~ ~ S.... 8 o ... ... .. ~ ~ ~ E ~ i ~ ~ e !il ~ a f< ~ .. ~ .. t ~ :.: t i ~ ~ 8 ~ ~ A ~ .oJ o N.Illt--COO\O\OMII\\Dt--O\Orotr4 O....NM.II\\Dt--co M 0\ rot rl ri ri ri rot ri N M M M MM. . . r4 M ~ ~ co M M M MM. ~ ~ .. ... Q) l7\ III 0. ;';i N ... OX) M '" o o N '- ZONING CLASSIFICATION: ~ {e .^' ~ . WN. AREA: . . ?9P.o.Q -?:I=!. . Wil FRONTAGE: . . 7"-.;=:7; . . . . FRONT YARD S.B.: . .~q P."r. . . REAR de SlOE S.B.: . /Q .F:77. . . GROUND COVER (%): . /.~...;r . ";:" . . ~ u l'- lJ ~ I ~ ~ ~<.j..b.i41 . '-... !':.j ll. ~ ~ r.i Il <T) ',; '( ~ .:5" 0... ~ c<) (" 't- I f' ~ 'If< 42 . . ~ II{ ~ ..... "- '" ..... . ~;;;.. ...... ~ if) t-. :z: o EXISTING: 13 6/~:t: -5.F: ~~~: i:4-1.i:v: " . . . . . . . . . " N . . . . . . . . . 'I '1-f). 2.3 -.39 n./r F: R OVJ:RI-OCI<. /':;:03 ""," \, ,. .......,. .35. :3 0 .. A _ ~ ..... , , :0 I"': 7;.~I' ~: :::: /' roACCO;"'fODATE 12./.s~PAR- / AT/ON ( APPJeOXI!vtATCI-Y " \ "fG )/:.,5.1=: &. Deck- TO.s~ CUT ,\ - - ..~ \ '. ~ ?~opos/C.J) House G-.C." 800i:" S,1='. /?s ? ~~ EXIST. I 1 '2 sr:T. w/r- , .HOV.5e 7.5 G.G..::: /8Z0 :i:: S.F'. (c.h) 'l. / '" " PECK '- / STY wi1=' GARAGE: G. C. = 3 i 1 :i:; S.P. (c.b.) (ro 81:: MOV~D Ie. //VCOIePO~AT,E.1> WItH PJICOPO.:3/i?: HOUS~) SH~D.s ~~~j [~~J G. c. ~ 1 3e~ - - ~ S. !:: (c.b) IZ1.13 73./.-f..- 32- n./.f: C.J MARTIN. Tr. .-0'1.'. THAT THE / . C) n:: k) ~ 0) ....... ...... ~ W ~ >< ~ ~ " .. "I:" I ^~II"\ I~I BUILDING LOCATION PLAN ,. \ . -' PROFESSIONAL CORPORATION VAUGHAN, DALE, HUNTER, STETINA AND BEAUDETTE ATTORNEYS AT LAW WHALER'S LANE P.O. Box 659 NANTUCKET, MASSACHUSETTS 02554 EDWARD FOLEY VAUGHAN KEVIN F. DALE WILLIAM F. HUNTER MARTIN JEFFREY STETINA RICHARD P. BEAUDETTE TEL: 15081228.4455 FAX: (508) 228.3070 d .~ r) "J .1 July 25, 2008 Catherine Flanagan Stover Nantucket Town Clerk 16 Broad Street, 1 sl Floor Nantucket, Massachusetts 02554 ~l .. ) ) Re: Notice of Appeal/Decision of the Zoning Enforcement Officer Dear Catherine: Pursuant to Nantucket Code sec. 139-29, et sec, Zoning Board of Appeals, this letter shall constitute a Notice of Appeal of the decision of the Zoning Enforcement Officer not to enforce the Nantucket Zoning Code, to wit, refusing revoke a building permit application Zoning Certification, said Certification mistakenly given and in spite of the weight of the evidence to the contrary. (Please see the enclosed letter to Marcus Silverstein from me dated July 25, 2008.) I have discussed this matter with Marcus and given him my grounds for requesting the action described above as contained in the enclosed letter to him and he has failed, refused and denied to provide me the relief sought therein. The appeal is taken pursuant to M.G.L cAOA, S7, Enforcement and Penalties; Superior Court Jurisdiction and Nantucket Code sec B (1 ) and (2). WFH/ Enclosure VAUGHAN, DALE, HUNTER, STETINA AND BEAUDETTE PROFESSIONAL CORPORATION EDWARD FOLEY VAUGHAN KEvIN F. DALE WILLWI F.Hmmm MARTIN JRlIFBEY STETINA RIClWIDP.BEAUDETTB ATroRNEYS AT LAw WHAl.ER'S LANE P.O. Box 659 NANTUCKET, MAsSACHUSETTS 02554 TEL: (l108l228.44t\5 FJ.X:(508)228-3Q70 c5 C/J OJ July 25, 2008 , . I ._\ ;.. ) .;1 - ~ , -J BY HAND DELIVERY Marcus Silverstein, Nantucket Zoning Enforcement Officer Nantucket Building Department Town Building Annex 37 Washington Street Nantucket, Massachusetts 02554 : ) l,~l , J Re: Request to revoke Zoning Certification and Revoke Building Permit; DA W Nominee Trust, Daryl Westbrook, Trustee; 16 Baxter Road, Assessor's Map 49.2.3, Parcel 16,' Siasconset, Nantucket, Massachusetts 02554 Dear Marcus: Enclosed herewith please fmd a copy of the Building Pennit application in the referenced matter, a copy of Bemard A. Bartlett's letter notifying DA W Nominee Trust that said application was conditionally approved and copies oftbree Nantucket Zoning Board of Appeals decisions related to this pre-existing, non-conforming property. With reference to the zoning decisions, the Decision in ZBA File #083-84, allowed the Applicant to expand a pre-existing non-conforming use (a single family residence with ground cover greater than otherwise allowed in the Residential-2 Zoning District) by 154 square feet. The Decision references the boards' review of, "....(t)he application, accompanying map, plans approved by the Historic District Commission... .", and other representations. The map and plans referenced in the Decision constitute Exhibit "A" of the application and describe the dwelling in its current location. The Decision in ZBA File #004-85 is essentially a companion application to #083-84 as it clarified an omission in #083-84 wherein the applicant on its plans had showed the garage existing on the property, and still existing thereon, in a new location but bad not requested relief Page 2 July 25, 2008 Marcus Silverstein, Nantucket Zoning Enforcement Officer re: Request to revoke Zoning Certification and Revoke Building Permit,' VA W Nominee Trust, Daryl Westbrook, Trustee,' 16 Baxter Road, Assessor's Map 49.2.3, Parcel 16,' Siasconset, Nantucket, Massachusetts 02554 for the change of location. The Applicant filed #004-85 to have the board approve the location of the garage within the rear setback. Applicant had requested that the garage be sited at five feet off the rear property line however the Zoning Board approved a location for the garage with a seven foot set back. In its decision the Zoning Board reasoned that the garage at seven feet from the closest abutter's building, a shed addition, would not have, "... ,any detrimental affect on the neighborhood and all the neighbors whose property it will affect have voiced the approval of the request." Accordingly, the Zoning Board allowed the applicant to move the existing .garage to the new location. The map and plans referenced in the Decision constitute Exhibit "A" of the application and describe the dwelling and the garage in their current location, In the Decision in ZBA File #098-07, the Applicant proposed to relocate the pre-existing, non-conforming dwelling to a different location on the undersized lot and conforming with all setback requirements; most importantly that different location being the proposed location described in the building permit application and conditional building permit that is the subject of this letter. At the public hearing in ZBA File #098-07 the neighbors objected to the proposed relocation of the dwelling as the "oversized house" would have a detrimental effect on abutting properties, Subsequently, a Motion to Approve the Applicant's request to relocate the dwelling was defeated by a vote of the Zoning board, two votes in favor and three votes in opposition. As the Decisions in 1984 and 1985 allowing the expansion of a preexisting nonconforming dwelling on a preexisting nonconforming lot and relocation of the garage ancillary thereto were based on plans and exhibits showing the dwelling and garage in specific locations relative to the abutting properties, the Applicant was correct in going to the Board of Appeals in the matter of #098-07 to ask for permission to further change the location of the oversized dwelling within the yard of the property, The Board of Appeals considered the request and denied the Applicant the ability to change the location of the dwelling, Further, inasmuch as DA W Nominee Trust is proposing to extend and alter the preexisting, nonconforming structure by adding a partial full basement and foundation, Nantucket Zoning By-law section 139-33A (4) requires a finding by the permit granting authority that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood and the subsequent issuance of a special permit. Page 3 July 25, 2008 Marcus Silverstein, Nantucket Zoning Enforcement Officer re: Request to revoke Zoning Certification and Revoke Building Permit; DAW Nominee Trust, Daryl Westbrook. Trustee,. 16 Baxter Road, Assessor's Map 49.2.3, Parcel 16,' Siasconset, Nantucket, Massachusens 02554 Additionally, the Zoning By-law in section 139-33A (9Xa) states that the removal and reconstruction of a preexisting nonconforming structure that exceeds the ground cover ratio requires a special permit from the permit granting authority in advance of such removal as well as the rmding stated hereinabove. Inasmuch as the Building Permit first refemd to hereinabove has been conditionally issued in direct contravention of the Decision in ZBA File #098-07 and without the special permits required by the Nantucket Zoning By-law, please withdraw your Zoning Certification of the Permit and ask the Building Commissioner to revoke the Building Permit approval. Please free to call me should you have questions or comments for me in this matter. WFHI Enclosures REC'E-1.V, 'ED. .. N ,../ - ,; . '. ~I.' ~ "., ;W.'''': Al.~C c;;'Vt?D . MA}' {t (j ., ).. . (. ,7 r,(,iUl: NAN Tl,i.CKET ~ NAm UCI(ET BUILDIMGDE? 71NG OEPT / .. i~:dRTA:N:r .. APplicant to c~mpl$te an Ite.n$lnSectlons: 1, 2, 3, 4, and 5 :'OWNiSRSNAME{Print)::~ NOM ftl,1JS7j ~L ~~~-,;.. I .. . 'LastA.~t Middl~ .Inltial . ... . i~. .~~~ ./2:0 No. Street .' . . .~$sor'sMap No. J~", 2.. ? JUt e 3 2000 BUILDING PERMIT NUMBER / APPU9AnON F.OR BUILDINGPERMlT / :i~'~" .....:./.:.,. ,L(JCATI~ :QF .1t1JII4D1NG AsS~ssor'sparceINo.~ ~ .:. .. , :".TYPE.~j&it~..,j~i'lIi"'~IN$ -:~(~~~IJ~rits~~mp'e~Part$ A"E A. TYPE dfl'~:'MPB~~MENt .... ~.,&W&~~~HIP Q.Ni;lW8ui(aiOg: . ~~,i~ Q AdditiOn 0 PUblic Q:l~t.~J@tit>n. ... O:.Repitir, r~Ja~rhent .0 Dern-qUtion ~ovms . C.OOST TOT~.~~Q.o~TOF .IMP80VEMENT l :.tSV.y....., D. DIMENSIONS NO /!i.~: Dimensions of Struct~ .. .... ~. .:t,/'.ik';',,;, l'f First FloQrArea: :::Jl~''(j;~~:W'f;.:r<t;/c . SecondFloorAre.a: Third Floor Area: Tolal Floor Area: Full Cellar Area: 14W.:.J.~!d.. E. PFlti)l"t>$ED USE .~~~ritial ., ~One. fMlily .. . ;Q'S~dlo .Q1['Wo}or~ml\Jl:\!,'e.lti!lY- :EJ;ller ~~j;~;~T:~::~~:. . ~c . ; le.ilt9r:.fl:a~.. ... ~if$ ."9'~~lJdOW~lfIitQ:,. . .;;:a;S~".. ... , QI'Other.Speoltf. Detail sq~pe.QhVol'kbyll(:)()r & provide the square foOfage. . ., ~l.i~ti~$~~~rJ~~~"~1f.i~.GF'<8UfLQlri$ 4 J40&ll$.pgI~~GlfV~ NOI!:f'1-.l .1$ w6F.T/ ~ .~1DJj&i.!~~lJ4;iIt~NY:iAla.lILA^ltfih . . . ".:fP~.'" .:~.'~et-(I!fi;lr-rr;> "'fPl):I!~M4:~1l ~~....~~.;... .~...., ~~ ~.~~. . .. ..... '. ...'. ".:'f:1fr<::':..' .' , ~ '.. . .... ",. . '.. '.' . " ". . .' ..", .. '. ..- '" ,'. . .'. .. . --'" '--' -' . ~.. . ..,. --" ...... . .,':" .. . .......-. '., -'." '.." ... .', - ~~.,Ii$.(.}IIiI~/~~ lDf/I2Ir/F'_ .)1" ~~~ ,Je~/t.I ,AS I~. .'...,-,: I. TYPE OF WATER SUPPLY . . )'tPUbliC . .. :O;P.riV~te(Wel!). ... No.oHireplaees No. of WQod Stoves Other: . .:.;r.;,~~~;:::ty~~,:~~~_. . ., ...JtJ\~U1~r .Sp~QlfY . i;t;;t.~, lfl.:~.~~ . . :~. ~R!NCJPll~UPE()FHSATING ~;G'~ p;~~l~'~y.. tl;l:Q,)f ; . 'eil"l~:ai:~~rnp Q Qthei'.Spe.c:ff.y: . JitTYPE 0FSE~~$tt;,;~'$.P'OS:AL ~'P!Jblic o Private (septic tao~,.etc.) KACCESSO~YHEAT.sOlJRCE .. J ~(JjJI11 . . - . . J. SMOKE OET~CrOf!lS No. o.f Detectors. See. Plan for Lgc(ltiQA L. R€SfOENTI'AJ-. BUILPIf.'-giS . N\Jrpber otl3edroorns i'~_1ir:rtl. Number o.f 81lthroo.ms . ., ~~P'j~ FUll ~Partial ./. . i.,.:.',_..; ,.;. "~,;"",_:_'.~~.:_,:,,.:-.........:: ;. ..-.;.:.....::..~,-'...; .;;.,....': . :~:-.,....':'7;. ',_oM,-,.. ,,:!.. 3. Oontinued N R Value M. ENERGY CONSERVATION Foundation or Floor insulation W$lIlnsulation t':EtJli'1SQr R'Oqf. ,Il)~,l:ljJ,iti()n V{md.9W.GI~g.. 'fll$lil~t~dGlass . Dool'S. Insulated :Yes No Perc.~f!tage.o'f.;WtI)40W'Ar.ea.Jo WaJI.Area: Type / Storm No ~ / jN"STRUClAJRAlA'.,.~.~c:r.fZRISTIC:SOF BUilDING . ". .....~lr~l:l!~fs.,:~Ui~~t~~.o"-rn~~~mpl~te sflUCtural framii'lg.plans-withapplj~tion due to the complexityoi;the structure, if the '~~qi!lWinfM,(!tprm~I!Ji)Oi:i$..:~i$j)fffQlenUorproper plan revJew.. Fotmd,ab'Oif . . , ,. , . .. FQOlingsit.~ .FD"'I11J'" Footing.reinforcing: C~)""4~aaJf' ,. . -WAltmat.elW;~~' Wall thickness: e",".., Wall'height:, '.~'':--4-'" wallre.inf()rcl!~9: \J~ ~~~~~~. ~i~ror~l(lt:tIfJ~ge: . ~f~i ".~"1 PlerorcoIUm~'spaCil'lg: f'~ . ' . \:;;~;: :el.8r ()r..'~I~ifi~}f,Q'()lin9.Sit~:.~~~ [,0'" ';Pie.r:~t~IUnlnteli'lfbrClng: (4 }~ ~. Vs,). ~o~'bf'*WJ~~veri~; ,..,. . . Orawr~a-ce.:;>p,F~il . QPartial . . ~ 0'\ L J. <( C) (\ . . . . ... ... .:. :. .1."1'_ n"' FAAMJr4GiM~inQat.wiJ;\g;~mbers:$i~:, .or )( l' .r:~ 'J-Dc. .... Su.Pport$~~~::~ . .F~t$l;~f;Fta~g '. JGtst'sii~}:~~~ ,MMaxlmum Span: ~~imumSp-aclng:,,>:.;...;~:.;. :S....t{C.:..~d.,J;I....~..~..~. JQjs.\~=t=.. ..i.. M.ax. ..~m...um..s.pa."...: MaximumSpacrog: ~\tIl19 .FraAjlng . Jotstslze; . .... MaxalTlum:,Span: M~imum$paclng: i-RoafFl'anling Joist-siZe: . .: ..~. MJlXil1lum.Span: . Maximum Spa,ciltg: flQQf..TI.'U$& ~~pi~"mU$t$UBJ1>iit'~$ig!1.'AAl()WlauoAS..for"~!!~oo(!J~t~~e$...staro~d:bY,. a ..Re~istere~...Profes$iOom.Er;1.mneer. S.~iff:QF:PR\)PQ-SEDZ~G.RK.;(~lndr...ptoject$.) .. 'Fe~i_~WJ;M1Gll$ Jf. ' ....Ca.~ ~;?r:?G ~ ".. ,.. ..' '. _ .,,;'....: ''':'..i '.:,-'.;". 0.;;':::' .~. ::i.;~;:;.:t.;";';:'~"':;':':.;.;.;~J;;,';'~ .:....,~. .;~,~-;;,,,,,..,.. . --.,.":..'. ~',"', .;';'" -*.. ,..:, ...:- 6. IDENTIFICAtiON - To be completed by all applicants 1. Owner or '.Lessee Name Q4uJ IJoM~ t?Ni!lt.UE-~L. "'71-e.,G Mailing ~ddress . Number, street, city and state Zip Code Telephone No. 02.564 .z~. tJ,'Zaft, Builder's ~se CS ~3ft, Date f>-(), . .8t;.-F!(#$!. :2.'Z.~ " '~~_..~~~~:T Date 3"11. of; J3 . I~~$ .:'W~,:Compensation' Insurance CertlflcatpQi" Affidavit must be submitted with thiS application. . ',' ,-- ' .".. ':' ," ..; . jhere!Wd~~~~ltp'at'~~;propO$ed wotkis authei:ited~y the 6.W.nerof re.cord and thai I bave been authorized by lhe ownet'to make . .'. .tl1.~;~!!~;Jtlb.l:ll,aSh!$auth.orizedaQ'c;lrlt andwe agr~ to conform to allappflCable laws of this jurisdiction. .. . . ,".'."C, ;._' .. ,'~'....:":. _ .~.- - . . . ~i,9natllre:ofapi,j(oanf . . .. Address . .L'~ .,;t .'~.. W~~ \'Aw..d'-~ ":. ~,'.~~'-'.'.. ":'" .'.., , Telephone" $""0 t :z.S'''7. t. 2.'" <:" Po ~.$ ~Z- l \0' ~""~tS~ .~ 5 ~\-ul ,"^^ 0 2:,";': ~ .' . :'.J " Print name..):i>A~''''' A. WerST''6 ,~k , \' .p~;fif;i:f DO :NQT WRI~i'''fi''oWTHrS LlN.E ~. .~f~t fi),ff~:U.$e : ~:':i,;~"'~~~*"~.i FOR OEPARtMENT USE ONlY ~~911dihg .)~nn.lt:~~$q$d . Us.e Group ,=J:~$~ ..6e;() -~ Approved by: .:=~f:'=~o; ., ~'/~ ~'" ._~. d12".': n~;I~g;C9m.' ~Z:;~'~,. L ,'._-' .:...:_::' .'c.,..~.. ;. r_":: .... '." '.' __.._~ .....,-....". 4.. ZONING COMPLIANCE To b~ completed by all applicants Applicant is required to stJ..' ~mit a reg.. istered plot plan with application, showing location of all s. tructures. J.. Zoning District: ./!~f4.- 2- Total Land Area: 1~}4- 7- ~ Frontage on Street 1 '~..:o?' Lot No.: l { &. I L PI~ Book NO.' ..d.pago; ~lj? &; f? 1- Lancle..,. Plan No.' JlIA- // p.'$te Lot Purctla~d~. / Certi1j~ No.: -- Name of Previous Owner: S\iJBDIV.'S10NINFORM~'JiJON Name of Owt\er: ..~.;~~(, o:at~ ofiPIanAJjp,t. . . T~ of APpro~al:~I;(F.i;,i; . _ .... -- -. -.,' . . .r. .i~~."".:~. . A!a.f,l.nlng::Boam: ~. .,. .. ..:il~~eStlbijfMSl~ii . ~$;aHeJ~_'.~' ..H~'S:~'~Il~e~n:tl'; liVES:. p'an:B~Qk~:' AR ..J~.. f1M!:SHARING INFORMATION there a d$Chlration of and R.~()f , ;~$t$hip.noled.()n .b;()TDeed? OIMENSIONS .. bj$ta~Jr.orn{B~Q~ . :Pi~l'a~;':P($V~ ; ; .tiIie1gh.t1~f.stm Numbei'-()foff~sii'eel;. .:cQvenant: YES NO i ~StJYofD.eeds? YES Date NO NO '.;;\:'<g:;~1'*~' ---,-. No__ '"".1';,;:'. ~..; - '-.;:' .:~ONT . :<?2 '-a "H~R f /'....0 " LEFT ~'~'~i:')'" +-t. RIGHTff~ ~.rt~ . l;J'$~h(il~ryDwelling: H1A. . (12ft. mlrilmum) fttcf<.~' . -~;i~~:N/!JOA1'" ~.;.... S~{;;':I{. . ~ .,~: Enclosed On-site 2-'k"'.. GR~~~:~':=Og: .lJf!iuj'" e.~I~77J,j~ -NO CI4'("'6.E...(rIlaP~ 14(iVs') $~Q.nd.8JY;~WQlljl1g: .. ,Adcntio,n: .. .~r;:~iY'euPij~: 'lIJittPfE.J(ttfin^,~ I~Ckt.A.I:il.lf:r($, ~~~~ .0 "-H~~~ (~f(~) ':"''"' .... ',' ',' _ . . . "t .... ...&1r$el;J.:U;NeG.UJS .. / "~...*~~oIthal>loletlio>'-^#f'\il~Wfththe _ ~""E;<lmn1ilteO?__NOX '. . . .~fi~~$t~d:Y.jt~I#'iIQl!I~;~O~f'PfCOndltiOns" wlth..app1ICatfotl. .-Whitdt:ll~'W~jt~'~rwr:otQG.gd.lttonsl' .with appliea~jQn. Whatda~.~ltt~;~~r.of~Con~I\lQll$"fll$,d Wlth'the.a~gr$try.'.ofOe!Kl$? , 1$'the.;prQj:)ertyl~'~~)'W1UiIl'laFlootrHaza(ddistriCt? YES No V Was a Vartaneeo.rl$~fal' Permit granted by the Board of Appeals? YES IfansViered''(E'S. what dat~was4h$decision flied with, the Town Clerk? f NO ;~f4,4~,~~ ~tit G'rQlJll,~:Oov,etf1latio: . .Sta~raM,~a( $etb~d!<:... . . .S~ndary,..Qwe1ijh9!approval . .B.Oard.o.fAppeals ~U:WR~lease ,. Pate: ~~\~ APPHOVED BY: . Zonin{i1OffiCer BUILDING AND CODE ENFORCEMENT DEPT. TOWN BUILDING ANNEX 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Telephone 508-228-7225 Fax 508-228-7249 July 16,2008 DAW Trust DarylW.estbrook Trust~e 16 Baxter Road Siasconset, Mas'$achu$etts 02564 Re:Map 49.2.3, Parcel 16 16 Baxter Road Dear Sirs: Please. De advised, that your application for a building permit.filed on July 3, 2008, for moving and alteration of a dwelling on the above premises, was APPROVED on July 11, 2008. opon payment of the permit fee of $200.00, and filing with this offi<:e of proof that all utilities have been dis-connected and seoured in a safe manne.r ,as pr,ovided in the Massacbusetts 8uilditl.g COde, 780 CMR 511.2.1, the building permit- wi,llbe issued. ~ndly contaotthis office if there is any question. Sincerely, -:P...----/c?~- Be;rnard A. Bart lett Building Commissioner TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 December 3, 1984 Re: DARYL WESTBROOK (083-84) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has t~is day been filed with the Town Clerk. Any. appeal from this actio~ shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be':filed within twenty (20) days after this date. t~#~ BOARD OF\ APPEALS Eileen I. Cahoon, Chairman TOWN ,OF NANTU€KET BOARD OF APPEALS Nantucket, Massachusetts 02554 DECISION: The BOARD OF APPEALS, at a.Pubti:c Hearing held on FRIDAY, NOVEMBER 16, 1984 at 1:30 p.m. in the Town and County Building, Nantucket, made the following decision in the Application of DARYL WESTBROOK (083-84), address 61 Allwood Street, Darien, CT 06820:. 1. This i~ an Application for a SPECIAL PERMIT under Zoning By-Law SECTION 11 (expansion of a pre-existing non-conforming use). The tranting of relief would enable the Applicant t~ ine~ease the ground cover of their single-family residence occasioned by the ex- pansion of the kitchen area and other renovations. 2. From a review of the Application, accompanying map, plans approyed by"the Historic District Commission, together with represen~- ations, testimon~ and letters offered at the fiearing, The Board finds that the subject property (Lot 16, Sheet 49.2.3 snd ~, Sheet. 73.1.4) on BAXTER ROAD, SIASCONSET, is zoned as RES1DENT~AL-~. Ground cover is limited to 12.5%. Prior to an amendment of the By.~Law effec~ive in April, 1984, the property as zoned was limited to 301 ground cover. With tRe Applic~nt's lot'being about 13,566 square feet area, the max- imum ground cover was then reduced from about 4069 s~uare feet (30%) \ to 1975 square feet (12.5%). Exist~ng cover is reck~ned at 2079.5 square feet, hence non-conforming. Area to be adde~ .is 154 square feet. 3. Included in existing ground cover is a ga~age. Applicant's proposed changes with respect to it are not dealt with' in this Appli- cation. 4. Indicative of neighbors favoring the p~oposed increase are two letters, one. signed by eight people. The Planning Board's recom- mendation'was favorable. There are none opposed. <:;=<<.;.. ", . . ~:~~~~:(~~~;{. (083-84) -2- 5. The ~oard finds that the proposed 154 square foot increase of Applicant's residence, slightly more than 1% of the total lo~ area, is not substantially more detrimental than the existing non-conforming use to the neighborhood. The non:conformity,. an excess of ground eover ratio over that prescribed in Seetion 5.1 arose only recently and then by reason of a zoning change not specifieally intended .to affeet sueh a minor expansion.. The proposed inerease is thus in ba1!mony with the general purposes and intent of the Br-Law. 6. Accordingly, the Board, by'a UNANIMOUS vote, GRANTS to Appli- cant a SfECIAL PERMIT under SEOTION 71 affording the requested relief from the SBetION 5.1, limitation on ground eover ratio, allowing Appli- cant to add the 154 square feet of proposed increaae to his residence. Dated a Peeember 3, 1984 Nantucket, HA 02554 i,~~d-V Eileen I. Cahoon {A~~.- Wll~am R. Sherman ~ turad~ Linda F. Williams .,. ..... ",',}. . TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, .MASSACHUSETTS 02554 February 15, .1985 Re: DARYL'WESTBROQK:(004~8S) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been. filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be 'filed within twenty. (20) days after this date. Chairman TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS .02554 DECISION: . The BeARD OF APPEALS, at a P~blic Hearing held on Friday., FEBRUARY 1, 1985 at 1.;.30 p.m~ in the -TOwn and .COUtlll)' . Building in Nantucket, made the following de~ision in the Application of DARYL WESTBROOK (004-85) address .61 A11wood Street, Darien, CT 06820: 1. This is an Application for a SPECIAL PERMIT un~er SECTION 5 SUBPARAGRAPH 3 of the Nantucket. Zoning By.-Law.. The granting of the requested relief would. enable the Applicant to re-locate an existing garage on their property at BAXTER ROAD, SIASCONSET, Lot 16 on Sheet 49.2.3 and 4 on 73.1.4, zoned RESIDENTIAL-2, to an area within within 5 (five) feet of their side lot line. 2. From a review of the Applicatt&n, accompanying plans, , together with testimony and letters offered at the Hearing, the Board finds that the subject proper.ty was the subject of an Applica- tion to the Board in November of 1984 (083-84) wherein the Board gave the Applicant a Special Permit to .e~ceed ~heir .allowable ground cover in the construction .of a new.kitchen and renovation of their existing home. Plans presented to the .Boar.d in the ofiginal Applica- tion showed.th~ gara~e in its new l~cation'but inasmuCh.as the' . A~plicaDt inadvertently forgot to request that relief in her Applica- tion, the Board was powerle~s, at that time, :to grant relief from the side-line set-back. 3. The proposed new location,.opposite an abuttoc's shed addition, iis~aesbhetically:in~keeping with the previously approved addi~ion, it will not have any detrimental.affect on the residen~ial eharac~er of the neighborhood and all the n.~ighbors whose property it will affect have voiced.their approval of the request. The Board does find that a 1. '~seven) foot set~back as. 6vposed to tbe requested five, would provide adequate. space between this building and the closest building Qn the adjacent lo.t,. and given this .minor alteration, -2- (004-85) which the Applicant agree~ with, the Board finds the requested . relief to be' tn.harmony with 'the general.purpose and intent of the By-Law. 4. Accordingly, after motion made and duly seconded, the Board, hpy....UNANiliMOUS vote, GRANtS~' the Applicant a S.PECIAL PERMIT under SECTION 71 for relief from SECTION 5;3 of. the Zoning By-Law, allowing the Applicant to move the existing garage to said proposed new location, 7 (seven), feet from her side lot line. ay~J..~ ~../~.-I ~en...I-~ . Cahoon ~ _/-dZ William R. Sherman ~~\;JJLv Li aa F. Williams . February 15, .1985 Nantucket, MA. 02554 \ . <<I . , . TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: J:t11./1 ,2008 Application No.: To: Parties in Xnterest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the fOllowing:@ :::! '<f";. '-o.P ...... -r'1 ::e; .,.... m ;;i --: :. co - - 098-07 )) in OWner/Applicant: Daryl Acheson Westbrook, C"") .::- r- . ~-i; : :A. ,': i Trustee of DAW Nominee Trust -0 "-l o '\0 .'", ....1 . . , .' Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with 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 Land 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. Chairman ~~ CO Kicb: cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASB NOTE: MOST SPECIAL PERMITS AND V~XANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PBRMITS); SECTION 139-32 (VARXANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-228-7215. III . I ,. . . NANTUCKET ZONING BOARD OF APPEALS TWO FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 Assessors Map 49.2.3 Parcel 16 SR-2 16 Baxter Road, Siasconset Book 792, Page 180 Plan No. ()2.51 1. At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 p.m., Friday, November 16, 2007 and 1:00 p.m., Friday, January 11, 2008, at 2 Fairgrounds Road, Nantucket, Massachusetts, on the Application of DARYL ACHESON WESTBROOK, AS TRUSTEE OF DA W NOMINEE TRUST of 16 Baxter Road, Siasconset, Nantucket, Massachusetts 02554, Board of Appeals File No. 098-07, the Board made the following Decision: 2. The Applicant is proposing to modify previously issued Special Permits by altering and extending an existing nonconforming dwelling and detached garage. The Applicant is seeking additional Special Permit relief pursuant to Zoning Bylaw section 139-33 for pre- existing, nonconforming uses, s1ructures, and lots and section 139-16(C)(l) to .reduce the required ten (10) foot rear yard setback to five (5) feet. 3. Therefore, the Applicant is seeking to relocate the existing single-family dwelling and detached garage now existing on the premises. The pre-existing, nonconforming dwelling is now sited about nine (9) feet from the front lot line; minimum front yard setback in this district is thirty (30) feet. The Applicant, in its application presented at the first public hearing, proposed to move this dwelling so that it would conform to front yard setback, being sited about 30.1 feet from the front lot line; as a result, it would be sited with overhangs being as close as about 9.2 feet from the rear lot line, the foundation being about ten (10) feet from the rear lot line. Minimum side and rear yard setbacks in this district are ten feet. The Applicant also proposed to move the existing garage, sited about seven (7) feet from the rear lot line pursuant to relief . granted by the Board of Appeals in File No. 083-84, to a different location upon the locus, in order to allow for the relocation of the dwelling; the relocated garage will be sited about eight (8) feet from the rear lot line. The locus also contains a pre-existing, nonconforming playhouse structure, sited about four (4) feet from the southerly side lot line. No change to this structure is proposed. Total ground cover upon the locus is about 2,269 square feet, with lot area being about 13,814 square feet, for a ground cover ratio of about 16.4%; maximum ground cover ration in this district is 12.5%. The present size of the dwelling was established by Special Permit relief granted in Board of Appeals File No. 083-84. 4. At the November 16, 2007 meeting, Applicant, through counsel, brought the application in front of the Board of Appeals. The Board suggested that the existing structures could be relocated in a more conforming location. Attorney William Hunter spoke on behalf of the abutters in opposition to the resiting and insisted that the relocation of the garage and dwelling would be more detrimental to the neighborhood and should therefore be denied specia~l Permit relief. The Board suggested that the Applicant and the abutters convene to discuss an amicable solution. R clJ ~ . I .. . , .. S. At the January 11, 2008 meeting, Applicant, through colUlBel, again brought the application in front of the Board of Appeals. At this time, the Applicant proposed to relocate the dwelling to conform to all setback requirements. The garage has previous Special Penmt relief to be sited within the setback; nevertheless, the Applicant proposed to relocate the garage to confonn to all setback requirements. The pre-existing playhouse would not be moved or altered. As presented by the Applicant, the ground cover of all structures upon the locus would not exceed the present ground cover of2,269 square feet, as none of these stroctures would be altered in any way which would increase ground cover. 6. Hunter reiterated his objections made on behalf of the abutters at the November 16, 2007 hearing. Hunter also presented the board with one page memo outlining the rulings in . Britton v. Zoning Board of Appeals of Gloucester. No. 01-P-1145. Apneals Court of Massachusetts. Essex which speaks of the aesthetics ofa house location [a new second story blocking views of a house behind] as being a legitimate element for a Zoning Board to consider in looking at the issue of detriment to the neighborhood. Hunter also gave the board a copy of the photograph taken from the second story of the Pappendick house (immediate abutter to the west) purporting to show the visual impact visual the moving of the Applicant's house would have on the abutter directly to the west of the premises. Attorney Hunter argued that by moving the dwelling to the northwest comer of the lot - which would meet all setback requirements - his clients would be negatively impacted because the oversized house would block their views. 7. Our Decision is based upon the Application and accompanying materials, representations and testimony received at our public hearing. The Planning Board made no recommendation as the matter did not present any issues of planning concern. There were neighbors represented by counsel at the hearing and there were several letters in suppOrt and in opposition of the application on file. Accordingly, at the hearing on January 11, 2008, a motion to approve the requested relief and move the garage and playhouse so all structures would be conforming was made based on the finding that the change would not be substantially more detrimental than the existing nonconfonning use to the neighborhood. Upon a motion duly made and seconded. to grant the requested relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33 and 139-16(C)(1), there were two votes in favor (Sevrens and Waine) and three votes in opposition (Wiley, Koseatac, Tupper). Therefore, reliefis hereby DENIED. SIGNATURE PAGE TO FOLLOW ~ (l ,0'\ ~.,{g) '-l;J..~ . I I .. . . . .. /. / . 2008 DATED: lib. I~ COMMONWEALTH OF MASSACHUSETTS Nantucke~ SS. February; II . 2008 On this II ~. a Off! fyOO8. before me, the undersigned I'!otary /Public, personally appeared 1!N!'" . who IS persPna1ly known to me, and who is the person whose name is signed on the preceding or attached dopument, and who acknowledged to me that he/she signed it voluntarily for its stated purpose. .~ 0(/ o.