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Home My WebLink About095-07 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: October 23 , 2007 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 095-07 d .-;;J --4..... O~'.- ~J.." :z: ~". r)':':' r- rrt -0 ;:CJ OF APPEALS whiche~has th~s Nantucket Town Clerk. w Owner/Applicant: Barry M. Cooper and Susanne D. Cooper :z: c::l <: I - Enclosed is the Decision of the BOARD day been filed with the office of the 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) d ys. Mich cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-228-7215. ::0 m ....-...) rn ";1, CJ NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 49.2.3, Parcels 36 and 37 Book 1056 Page 35 SR-2 Plan No. 2006-85 20 Baxter Road DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, October 19, 2007, at 1:00 P.M., in -the Conference Room at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of Barry M. Cooper and Susanne D. Cooper, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 095-07: 2. The Applicant is proposing to alter and extend an existing nonconforming garage through the issuance of a Special Permit pursuant to Zoning By-law ~139-33A for pre-existing nonconforming uses, structures and lots. An addition, as well as changes in the existing foundation and roofline is proposed in order to convert the garage to a second dwelling. The site is located at 20 Baxter Road, shown on Nantucket Tax Assessors Map 49.2.3 as Parcels 36 and 37, and on Plan No. 2006-85 at the Nantucket Registry of Deeds, and is located in the Siasconset Residential-2 (SR-2) zoning district. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at the public hearing on October 19, 2007. The Planning Board recommendation was not of planning concern. There was one letter in support of the project submitted prior to the hearing; there was no opposition at the public hearing. 4. Applicant, thought counsel and its architect, informs us that there is a pre-existing one-story garage upon the Premises which does not meet the current ten foot rear yard setback requirement in this district. The garage, builtin the 1930' s, is located approximately 1.95 feet from the rear yard lot line at its closest point. Applicant proposes to convert the existing garage to a second dwelling, and has received Planning Board and Historic District Commission (HDC) approval for the project. The work will involve placing a crawlspace underneath the existing structure, adding a small addition to the northerly side of the structure, and raising the shed roof with dormers, so that interior rooms will meet building code height requirements. 5. The Board notes that the proposed crawlspace work will require that the structure be temporarily lifted. The Board suggested that rather than setting the structure back down in its original location, that it would be possible to place the structure five feet from the rear yard lot line. The five foot rear yard setback would still enable maintenance of the required twelve feet scalar separation between primary and secondary dwellings, yet would also act to lessen the existing setback nonconformity upon the Premises. As such, the Board finds that the proposed changes to the Premises are in harmony with the general purpose and intent of the By-law, and shall not be substantially more detrimental to the neighborhood than the existing nonconformity. 6. Accordingly, by a UNANIMOUS vote the Board GRANTS the SPECIAL PERMIT relief pursuant to 139-33A to alter and extend a pre-existing nonconforming structure. The foregoing relief is subject to the following conditions: (a) The proposed work shall be completed so that a five foot setback from the rear yard lot line shall be maintained. b. The proposed work shall be completed in accordance with HDC approved plans, as the same may be modified by the HDC. SIGNATURE PAGE TO FOLLOW ~~~ ~r Tup er COMMONWEALTH OF MASSACHUSETTS Nantucket, SS JI/JJ~ it IA/(.I/(A/ / , 2 007 On the I day of 110{J~~~)l/ , 2007, before me, the undersigned notary public, personally appeared J~ l{)J~ ' one of the above-named members of the Zoning Bo rd of Appeals of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he/she signed the foregoing instrument voluntarily for the purposes therein expressed. LESLIE ERIN WOODSON Notary Public Commonwealth of Massachusells My Commission Ex ires ecember 22, 2011 My Commission Expires TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE --4z 01:>> :E:.,. :z -. ("") r ' rr :~- :;J'J.iY .~ s ;0 c::l c-J --4 r .~"~ - 0\ ~'....,. l; ;e - o A PUBLIC HEARING of the NANTUCKET ZONING BOARD OF APPEALS~s scheduled for 1:00 PM in the Conference Room at 2 Fairgrounds Road, Nantucket, MA, 02554. The application materials for the below referenced application may be reviewed at the Zoning Board of Appeals office at 2 Fairgrounds Road, Nantucket, MA 02554 between the hours of 8:30 A.M. and 4:30 P.M., Monday through Friday. Written comments for the October 19,2007 meeting must be received by 4:30 PM on Wednesday, October 10, 2007 and may be addressed to the Nantucket Zoning Board of Appeals at the above address, faxed to (508) 228-7298, or e-mailed to tbroadrick@nantucket-ma.gov . BARRY COOPER AND SUE COOPER, FILE NO. 095-07 The applicant is proposing to alter and extend an existing nonconforming garage through the issuance of a special permit pursuant to Zoning Bylaw section 139-33 for preexisting, nonconforming uses, structures, and lots. An addition, as well as changes in the existing roof is proposed so that the garage may be converted to a second dwelling. The site is located at 20 Baxter Road, is shown on the Nantucket Tax Assessors Map 49.2.3 as Parcels 36 and 37, in Nantucket Registry of Deeds Book 1056, Page 35 and on Plan File No. 2006-85 , , . -J ~ ,{ ~ '\.' '. I . 'i" . , c .~~:/.' ~. NANTUCKEt ZONING BOARD OF APPEALS " ., 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 APPLICATION FOR RELIEF CASE NO.~I FEE~ j300.00 Owner's name(s): Mailing address: Applicant's name(s): Mailingaddress:~:X 'ill ~"~ ~,Ji~'3~ J~ lY<_.~(.,\p. " . Locus 'address: s'. - j\ssessor'~fMaplParcel:9 q. Z:', "\fol.l1 Land Court PlanlPlan Book & PagelP. an File .. ..:~~- <k S Lot No.: Date lot acquired: \"1 t 31 O"Deed Ref./Cert. 9f Title: . ~~~ ' Zoning District:~ ~. :Uses on Lot - Commercial: Non~ Yes (describe) . . Residential: Number of dwellings '2--Duplex-'l: Apartments 0 Rental Rooms 0 B~nding Date(s): All pre-date 7/721 X or C of O(s)? ~ Building Permit Nos: ~o. Previous Zoning Board Application Nos.: ~ - State below or on a separate addendum specific reli~f sought (Special Permit, Variance, Appeal), Section- of the '7.oning By.:.law, and supporting details, grounds for grant of relief, listing any existing nonconformities: ~~~~ ~ ;U --I ...0':':. 'Tl a ~-, ~ ::E --t } ..... ;"f1 .,t.!._ --" c; 0\ .....,. ~ ~ , 3l I n I'V i:::J e:;, --" 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. SIGNATURE: - t\10' . Applicant . Attorn~ >< (If not owner or owner' tto ney, please enclose proQf of agency to bring this matter before the Board) FOR ZBA OFFICE USE Application received on:_I_I_ By: Complete: Need copies?: Filed with Town Clerk:_I_I_ Planning Board: _1_1_ Building Dept.:_/~ _ By: Fp~1eposited with Town Treasurer:_I_I_ By: Waiver requested?:-:..-Granted:_I_I_ Heitring notice posted with Town Clerk:_I_I_ Mailed:_I_I_ I&M:_I_I_ & ~_I_ Hearing(s) held on:_I_I_ Opened on:--!_I_ Continued to:_I_I_ Withdrawn?:_I_I_ DECISION DUE BY:_I_I_ Made:_I_I_ Filed wrrown Clerk:_I_I_ Mailed:_I_I_ ~f GWYNNE THORSEN DESIGN ASSOCIATES MEMO TO: SUBJECT: DATE: NANTUCKET ZONING BOARD OF APPEALS COOPER/ADDENDUM SEPTEMBER 1. 2007 o ATTACHED 00 ENCLOSED VIA o MAIL o FAX 00 HAND o UPS o FEDERAL EXPRESS I. To change status of existing garage into a (2) bedroom Second Dwelling. Nantucket Planning Board has already granted approval for Second Dwelling. 2. Change doors, windows and floor plan as per attached set ofHDC approved prints. 3. Raise rear shed roof in the area indicated with dormers (see clouds). Head room in bathrooms would then meet code. 4. Add "wart" on the East elevation ofthe existing garage. This small addition would be outside the rear setback line. 5, The location and footprint ofthe existing structure would remain as is except with the addition of the East wart as described on line 4. I plan to attend the October 12, 2007 meeting to answer any questions the Board of Appeals may have on this request. Sincerely, 3Gwt~~ l~~ J. Gwynne Thorsen Authorized Agent for Mr. and Mrs. Barry Cooper, 20 Baxter Road, Siasconset, MA 02564 JGT/mk Ene.: As noted. REPLY VIA.................... 0 TELEPHONE 0 FAX SIMPLY......................... 0 FOR YOUR INFORMATION o MAl L 0 EXPRESS o FILE 0 THROW AWAY BOX 307 BOX 417 HOSE SOUND, FL 33475 SIASCONSET, MA 02564 TEL (772) 546-2094 TEL (508) 257-4424 FAX (772) 546-2019 FAX (508) 257-6619 'JONES HEWARD INVESTMENT COUNSEL INC. A member of BMO Financial Group Barry M. Cooper ChaIrman of the Board August 22, 2007 CC(())~r TO WHOM IT MAY CONCERN: This letter acknowledges the fact that Mr. 1. Gwynne Thorsen is acting as agent for me on all aspects of my property at 20 Baxter Road, Yours truly, ~\J 77 King Street West . Suite 4200 . Toronto, Ontario . MSK 115 . (416) 359.4142 . fax (416)359-5971 . www.jonesheward.com , 49.2.~-..):> N/F TWENTY TWO BAXTER ROAD NOMINEE TRUST DEED BK. .370, PG. 191 PLAN BK. 21, PC. 75 LOT 2 J dhCB FNO. J . ,,0 ;.,./ o ~ \ f\I "<1"' ~ -I ~ '., neB i ...... .~-?- NO. ~~ -tELO) <0 \ LP ANK J\f 1 .::t,~ > ).~ ....{i\:~ ;1 ,,_ ~ 'i'/' Y6" .....~ ~. ... " . I, . 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