HomeMy WebLinkAbout082-05
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
J;n UOYLj Co , 200 Co
To: Parties in Interest and Others concerned with the
-Decrsionof the BOARD OF APPEALS in the Application of the
following:
Owner/Applicant:
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Application No.:
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
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.
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING-TO NANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 49, Parcel 13
45 Baxter Road, Siasconset
Sconset Residential-2
Plan Book 19, Page 24
Lot 39
Deed, Book 928, Page 88
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, scheduled on Friday, November 18, 2005, continued
without opening to December 13, 2005, and continued again without
opening to January 6, 2006, at 1:00 P.M., at which time it was
heard, in the Conference Room, in the Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, the Board made the
following decision on the application of ARTHUR I. READE, JR., as
Trustee of 45 BAXTER ROAD NOMINEE TRUST, c/o Reade, Gullicksen,
Hanley & Gifford, LLP, Post Office Box 2669, Nantucket,
Massachusetts 02584, File No. 082-05:
2. The Applicant is seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law 5139-33.A(1) (alteration and expansion of
a pre-existing, nonconforming structure)and 5139-33.A(9) (removal
and reconstruction of part of a structure exceeding the permitted
ground cover ratio). The Applicant proposes to construct a new
foundation under the single-family dwelling upon the locus,
wi thout coming any closer to the lot lines as to which the
dwelling is nonconforming than the existing structure now is
sited. The structure is proposed to be moved farther away from
the northerly and southerly side lot lines as well as from the
front lot line along Baxter Road, reducing the nonconforming
setback intrusions although not eliminating them. Portions of
the rear part of the structure toward Baxter Road and a southerly
portion of the house would be removed and reconstructed
substantially in the same locations, and the resulting ground
cover ratio would not exceed the pre-existing ground cover ratio
of about 27.46% (or about 2,354 square feet of ground cover).
There would be an increase in the elevation of the structure as a
result of the construction of the new foundation, but the
elevation would not exceed the maximum of 30 feet above mean
grade. In addition or in the al ternati ve, the Applicant is
seeking relief by VARIANCE from the provisions of By-law 5139-
16.A (Intensity Regulations) to complete the project as proposed.
The locus is nonconforming as to lot area. containing about 8,569
square feet, with the minimum lot area in this zoning district
being 20,000 square feet; as to front yard setback, with the
structure being sited as close as about 10.8 feet to the front
lot line along Baxter Road, with 30 feet being the minimum
required; as to side yard setback, with the structure being sited
1
as close as about 9.0 feet from the northerly side lot line as
measured from the unconstructed "Way" abutting the locus to the
north (with overhangs and a gas tank sited closer), with minimum
side yard setback in this district being ten feet; and as to
ground cover ratio, being about 27.47 % at present, with the
maximum in this zoning district being the greater of 12.5 % or
1,500 square feet, whichever is greater. (Reference is made to
Board of Appeals File No. 067-88, which allowed earlier changes
to the dwelling.) The locus is situated at 45 BAXTER ROAD,
SIASCONSET, Assessor's Map 49, Parcel 13, is shown upon plan
recorded with Nantucket Deeds in Plan Book 19, Page 24, as Lot
39, and is within a Sconset Residential-2 zoning district.
3. Our Decision is based upon the application and
accompanying materials, and representations and testimony
recei ved at our public hearing. There was no Planning Board
recommendation, on the basis that no matter of planning concern
was presented. Except for the presentation by the Applicant's
representatives, there was no support or opposition presented at
the public hearing. (The Applicant represented that efforts had
been made to address concerns of one neighbor, and that as a
result of changes made to the project by the Applicant that
neighbor no longer desired to object; this was confirmed by
counsel for the neighbor at the public hearing.)
4. As presented by the Applicant, the proposed alterations
to the existing dwelling, described in Paragraph 2, would result
in ground cover not being increased and nonconforming setbacks
also not being increased. The overall increase in the ridge
height would be limited to one foot in the absolute elevation of
the highest roof ridge line, in response to concerns expressed by
the neighbor and the Nantucket Historic District Commission
("HDC") . The HDC has approved the proposed changes. The
existing and proposed site plan for the locus are shown upon a
plan by Charles W. Hart and Associates, Inc., dated December 22,
2005, a reduced copy of which is attached hereto as Exhibit A.
5. Based upon the foregoing, the Board of Appeals, by a
vote of four members (Waine, O'Mara, Loftin and Murphy) in favor
and one (Sevrens) opposed, made the finding that the proposed
alterations to the dwelling upon the locus, subject to the
condi tions herein set forth, would not be substantially more
detrimental to the neighborhood than the existing
nonconformities, and by the same vote of four members in favor
and one opposed, GRANTED relief by SPECIAL PERMIT under Nantucket
Zoning By-law 5139-33.A(1) and (9), to allow the alteration,
including partial demolition and reconstruction, of the pre-
existing, nonconforming dwelling as requested by the Applicant,
subject to the following conditions:
2
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(a) All work shall be done in substantial conformity
with the plans filed with the HDC and approved under its
Certificate of Appropriateness No. 47,384, as may be amended from
time to time;
(b) All work shall be done In substantial conformity
with the Exhibit A plan;
(c) The absolute elevation of the ridge upon the
structure as altered shall not be increased by more than one foot
above its present elevation;
(d) Maximum ground cover of the structure as altered
shall not exceed 2,354 square feet; and
(e) No setback distance which is now conforming shall
be made nonconforming, and no setback distance which is now
nonconforming shall be reduced.
Dated: January ~, 2006
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will
be held at 1:00 P.M., FRIDAY, NOVEMBER 4, 2005, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
ARTHUR I. READE, JR., TRUSTEE OF 45 BAXTER ROAD NOMINEE TRUST
BOARD OF APPEALS FILE NO. 082-05
Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/expansion of a pre-existing, non-conforming
use/structure) and Section 139-33A(9). Applicant proposes to construct a new foundation
under the single-family dwelling, without coming any closer to the lot lines than the
existing structure. The structure is proposed to be moved farther away from the northerly
and southerly side yard lot lines as well as from the front yard lot line along Baxter Road,
reducing the nonconforming setback intrusions. Portions of the rear part of the structure
towards Baxter Road and a southerly portion of the house would be removed and
reconstructed substantially in the same locations and would not exceed the existing
ground cover ratio of about 27.47% (or about 2,354 square feet). There would be a
change in the height of the ridge with the construction of the new foundation but would
not exceed the maximum allowed of 30 feet. In the alternative, Applicant is seeking relief
by VARIANCE under Nantucket Zoning By-law Section 139-16A (Intensity regulations)
to complete the project as proposed. The lot is nonconforming as to lot size, with the lot
having an area of about 8,569 square feet in a district that requires a minimum lot size of
20,000 square feet; as to front yard setback, with the structure being sited as close as
uuu~~_outulQ.8 fe~t_ fro1l!.!heJ!2!l.!.Yllrd 10!Ji!!~_~oIlgJ}~!.e!RQ<!<h. with ~_I!!inim~~of 30 feet_~__
required; as to side yard setback, with the structure being sited as close as about 9.0 feet
from the northerly side yard lot line (with overhangs and a gas tank sited closer) in a
district that requires a minimum side yard setback often feet; and as to ground cover
ratio, with the lot containing a ground cover ratio of about 27.47% in a district that allows
a maximum of 12.5% or 1,500 square feet, whichever is greater.
The Premises is located at 45 BAXTER ROAD, SIASCONSET, Assessor's Map
49, Parcel 13, Plan Book 19, Page 24, Lot, 'I' Th property is. zoned Sconset-Residential-
2. . \
I
Dale Waine, Chairman
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, MASSACHUSETTS 02554
CASE NO.O~5
FEE: $300.00
APPLICA TION FOR RELIEF
Owner's name(s):
Mailing address:
Applicant's name(s):
Mailing address:
Locus address:
Arthur I. Reade. Jr.. as Trustee of 45 Baxter Road Nominee Trust
c/o Reade. Gullicksen. Hanlev & Gifford. LLP
Same
6 Youn2's Way. Post Office Box 2669. Nantucket. Massachusetts 02584
45 Baxter Road. Siasconset Assessor's Map/Parcel: 49-13
Lot No.: 39
Zoning District: SR-2
Land Ceurt Plan/Plan Book & PageIPlan File Ne.: 19-24
Date lot acquired: 12/2/04 Deed Ref.lCert. ef Title: 928-88
Uses on Lot - Commercial: None-.!.- Yes (describe)
Residential: Number of dwellings-L Duplex_ Apartments
Rental Rooms
Building Date(s): All pre-date 7/72? x or C ofO(s)? x
Building Permit Nos: 3493-84; 6333-88; 10799-94
Previous Zoning Board Application Nos.: 067-88' (j'l--q - ~
I
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.
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the p' and penalties of perjury.
SIGNATURE: Applicant Attorney/Agent x
(If not owner or 0 er's attorney, pi e enclose proof f agency to bring this matter before the Board)
J. (./ FOR ICE USE V '
Application received on:tO Il{JJ By: Complete: Need copies?: ~\
Filed with Town Clerk: /01 ({IOY-Plannine Board: I '. I Building Dept.: 1 ~By~
Fee deposited with Town Treasurer: {Off? ,:;J'iy{RJ2)/) Waiver requested?:_Granted:_I_I_
Hearing notice posted with Town Clerk: /cJll~/OSMailed:LGU(9 pSI&M:!GI@~ lOG//) r
Hearing(s) held on:_I_I_ Opened on:_/~_ Continued to:~~_ Withdrawn?:_I_I_
DECISION DUE BY:~_I_ Made:_/~_ Filed wffown Clerk:_/~_ Mailed:_I_I_
DECISION APPEALED?:_I_I_ SUPERIOR COURT:
LAND COURT
Form 4/03/03
ADDENDUM TO APPLICATION
OF
.ARTHUR I. READE, JR., TRUSTEE OF 45 BAXTER ROAD NOMINEE TRUST
The applicant requests a Special Permit under Nantucket Zoning
By-law ~139-33.A, for the alteration of the pre-existing,
nonconforming single-family dwelling upon the locus, by placing
a new foundation, eliminating the existing second dwelling or
"bunkhouse" and constructing a new wing of the dwelling. The
locus now has ground cover of about 2,354 square feet, and the
locus contains about 8,569 square feet in ground cover, for a
ground cover ratio of about 27.47%; maximum permitted ground
cover in this Sconset Residential-2 zoning district is 12.5%, or
1,500 square feet, for a pre-existing, undersized lot of record
having area of at least 5,000 square feet under ~139-33.E(2) (a).
The locus is also nonconforming as to lot area, with 20,000
square feet being the minimum lot area in this zoning district;
as to side yard setback, with the present structure located
about 9.0 feet from the northerly property line; and as to front
yard setback, being sited about 11.0 feet from the street line
of Baxter Road. The structure as resited and altered will
continue to be within these setbacks, but the nonconforming
setbacks will be reduced. Ground cover will continue to be
about 2,354 square feet; no new nonconformities will be created.
To the extent necessary and in the alternative, relief by
Variance from the Intensity Regulations contained in By-law
~139-16.A is also requested. The elevation of the structure
will be increased, but its height will not exceed the mJa'mum of
30 feet under the By-law. ~ (69,,---630 Cq
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Z.QNlNG BOARD OF APPEA~~
RECEIVED
BOARD OF ASSESSORS
. JUL 1 5 2005
TOWN OF
NANTUCKET, MA
LrST OF PARTIES IN rt-rrERESi IN THE MA'rTER OF THE PETmON OF .
PROP E R TY OWNER,,,, f/!4. r"!:. '! ~, ,:!., ,I\~, 0 f".J..",. oj' '1 fY.,~'W- '0
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SEE ATTACHED PAGES
I cer\ify lhal tne rorCioil'l& is II list of pel10ns who'lIe ownen of Ibunin~ P"Vpcny, Owners Qr .
IUld directly opposite Cn 11\)' l'ublie Or private Street or waY;~'1d abutters or the Ibulters llld III
other land .,.....n~rs within :l00 (eet of Ihe properTy line of owner's propel't)'. III IS they appc&I on
lh~ mOst recenl applicable tl~ lisl (M.G.L. c. 40A, Seelion 11 Zoninx Code Chapter 139.
S(clion 139.290 (2) .
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