HomeMy WebLinkAbout061-00TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date : November `~ ~ 2000
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 061-00
Owner/Applicant:
BRUCE RITTER AND DIANE L. RITTER
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.
t1 -
Michael O,Mara, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET
ZONING BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
Nov 14 00 03:12p Vaughan, Dale & Hunter, PC lbUdl2~Ei UU'/U
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
Map 49 81 Baxter Road
Parcel 33 Cert. No. 15,445
RESIDENTIAL-2
At a Public Hearing of the ZONING BOARD OF APPEALS noticed for I :00 P.M. on
Friday, August 11, 2000, and continued for hearing to Friday, September 8, 2000 and to Friday
October 13, 2000 in the Town Building Annex, 37 Washington Street, Nantucket, Massachusetts
02554 on the Application of BRUCE BITTER and DIANE L. BITTER, 293 Nod Road,
Ridgefield, Connecticut 06877, Board of Appeals Fite No. 061-00, the BOARD made the
following DECISION:
Applicants are seeking a modification of Special Permit No. 030-93 to permit the
construction of a second story addition and first story porch on the west side of the
existing dwelling on the Premises. The Property does not conform to the current By-
law. The lot has an area of approximately 15,088+_ square feet in a zoning district that
requires a minimum lot size of 20,000 square feet. The existing dwelling does not
comply with the required thirty (30') foot minimum front yard set back requirement.
The front of the dwelling is twenty (ZO') feet from the front lot line along Baxter
Road. The Premises is located at 81 BAXTER ROAD, SIASCONSET, Assessor's
Map 49, Parce133, and shown as Lot 8 on Land Court Plan No. 9710-E. The property
is zoned RESIDENTIAL-2.
2. The Decision is based upon the Application and materials submitted witl- i/, the
testimony and evidence submitted at the Hearing, and Board of Appeals Decision No.
030-93. There was no opposition to the requested relief. The Planning Board
recommended that if the front yard set back intrusion increased, a variance would be
required and the BOARD should deny this variance relief.
At the September 8, 2000 Hearing, Applicants' attorney submitted the proposed plan
for the second story addition and proposed porch that e~ctended five (5') feet farther
into the front yard set back area and, at its closest point, was fifteen (15') feet from
the front lot line along Baxter Road. The Board's prior Special Permit Decision in
this matter (030-93) allowed the demolition ofa house on the property and the
construction of a new house located farther back from the front lot line but still within
the front yard setback area. The Board continued the matter until October 13, 2000
to afford Applicants an opportunity to have their proposed plan approved by the
Nantucket Historic District Commission ("HDC").
p.2
At the October 13, 2000 continued Hearing, Applicants submitted a revised plan for
the property dated October 2000 and prepared by Nantucket Architecture Group, Ltd.
Ploy 14 00 03:32p
that had been approved by the HDC (No. 36590). The revised plan included a
second story addition to the existing dwelling; an increase in ground cover from 1,765
square feet (I I.7%) to 1,778 square feet (11.78%), but no extension ofa front porch
into the twenty (20') foot front yard set back area. ]n summary, the revised plan
created no new zoning non-conformities and the modest increase in ground cover did
not exceed the maximum ground cover ratio of I2. S% required in this Zoning
District.
Therefore, the BOARD fords that the proposed second- story addition and increase in
ground cover does not intensify any existing zoning non-conformities nor create any
new ones; is not substantially more detrimental to the Baxter Road neighborhood
than the existing dwelling; and is a reasonable modification to Special Permit No.
030-93.
6. Accordingly, The BOARD, by unanimous vote {5-0), hereby GdtANTS a
MODIFICATION TO SPECIAL PERMIT No. 030-93 to construct the addition as
now proposed upon the following conditions:
a. The aheration and expansion of the existing dwelling shall be done in substantial
conformance with the Site Plan dated October 2000 prepared by Nantucket
Architecture Group, Ltd., a reduced copy of which is attached hereto as Exhibit
A; and
b. The aheration and expansion of the e~tittg dwelling shall be done in substantial
conformance with the Certificate of Appropriateness {No. 36590) issued by the
Nantucket l'hstoric District Conarrission.
NANTUCKET BOARD OF APPEALS
D AINE
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IL ARENT
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Nov 14 00 03:33p
Dated: Nantucket, MA
~~~~~~ 2000
WILLIAM HOURIHAN
NANCY SEVRENS
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
NOTICE
A Public Hearing of the Nantucket Zoning Board of Appeals will be held at 1:00 P.M.,
FRIDAY, AUGUST 1 Y, 2000, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDIING,
37 Washington Street, Nantucket, Massachusetts, on the Application of the following:
BRUCE RTTTER AND DIANE L. BITTER
BOARD OF APPEALS FILE N0.061-00
Applicants are seeking a MODIFICATION of a SPECIAL PERMIT granted in the Decision
issued m BOA File No. 030-93. The original Decision allowed demolition of the original house and
reconstruction of a new dwelling in a different location. Applicants now propose to construct asecond-
story addition and one-story porch on the westerly side of the existing single-family dwelling which
would come five (S} feet closer to the front yard lot line than the existing structure, which is sited at
about 20 feet from the front yard lot line along Baxter Road in a district that requires a nunimum front
yard setback of 30 feet. No other new zoning nonconformities would be created. The Locus is also
nonconforming as to lot size with the Lot containing about 15,088 square feet of area in a district that
requires a minimum lot size of 20,000 square feet. To the extent necessary/m the alternative, Applicants
are seeking relief by VARIANCE under Nantucket Zoning Bylaw Section 139-16A to complete the
project as proposed.
The Premises is located at 81 BAXTER ROAD, Assessor's Map 49, Parce133, Land Court Plan
No. 9710-E, Lot 8. The property is zoned Residential-2.
1 '~
'~ C
Michael J. O'Mara, airman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE
FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION.
IIoA corm 1-U9
Owner's name(:;)
Mailing addre~~:
Applicant's name:
1r.,~rTOCxz;T zoNlNa noA1zD or rrrErLa
TOWir A27D COUNTY T3UILDINO ~ Date
2rAIrTUC1CliT, 1tA 02:i5•S
CAIIE No.~
7L1'PLICTTION FOR Rf;T,IEP
BRUCE RITTER and DIANE L. RITTER
293 Nod Road, Ridgefield, CT 06877
same
Diailing address; : same
Location of lot: Assessor's map and parcel number 49- 33
Street address: 81 Baxter Road, Siasconset
Registry Land Ct Plan, x~Cx&x~x1~CXl~$X17i~CX$ 9710-E Lot~_
Date lot acquired: _/_/_ Deed Ref ~,~ Zoning district R-2
Uses on lot - commercial: None _ or 2dCD?
- number of: dwellings 1 duplea_ apartments- rental rooms-
F3uilding date(s): all pre-0/72?
IIuilding Permit appl'n. Nos.
_ or
Case Nos. all IIoA applications, lawsuits: 030-93
C of 0?
State fully all zoning relief sought and respective•Code sections
and subsections, specifically what you propose compared to present
and what grounds Xou urge for BoA to make each finding per section
139-32A if Variance, 139-30A if a special Permit(:aid 139-33?~
if to alter or-~extend~a noncon orming use). If appeal per 139-3~A
& B _ , attach decision or order appealed. OK to attach addenduml.
The Applicants seek a modificatino of Special Permit No. 030-93 to allow for
the construction of a second story addition and first story porch on the west
side o.f the existing dwelling on the Premises., Currently,, the,~~istimg dwelling
has a front yard set back of twenty (20+) feet from Baxter Road. The proposed
addition will Have a front yard set back of fifteen (15+) feet. See Addendum )~
• „A„
Items enclosed as part of this Application: orderl addendum2 x
Locus map x Site planX showing present x +planned x "'structure:
Floor plans present X proposed x elevations x (HDC..approved? nod
Listings lot area x frontage x setbacks x GCR x parking data
Assessor-certifica addressee ~t •1 sets x maj.ling labelY 2 setsX
Si200 fee payable...to_._.Pown of irantucket proofs - _' cap' Co'v'enant
(If an appeal, asY, Town Clerk to send aldg ComrT record to IIoA~
I certify that the requested information submitted is substantially
complete and true.to he bestyof my knowledge, under the gins and
penalties of perjury ~~ ~ • ~~ ' ~• . , k' :,
Bruce Ritter and D fle i to by their Attorney
SIGNATURE: Y-Y~;~^c~g7y¢gxxxx Attorney~~[t~t x
3(If not owner or owner's attorney, enclose proof of authority)
r• oR Bo orr• IcI: Use
Application copies reed: h or for~f3o
One copy filed with Town Clerk on~ ~~
One copy each ,to Planning.Bd and Iluild~
$200 fee check given Town ~~ensurer on_
Hearing notice posted~__~~ 1~'~!" mailc~C
~.
Hearing(s) on_/~_ cont'd to___/___/_,
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Decision due by_/~_ made~_/_ filed TC mailed
ADDENDUM "A"
Applicants Bruce Ritter and Diane L. Ritter seek a modification to SPECIAL PEI~'~IIT
No. 030-93 to allow them to construct a second story addition and first story porch to their home
at 8l Baxter Road in Siasconset. The existing dwelling is approximately twenty (?0+) feet from
Baxter Road; the proposed addition will be approximately fifteen (1 ~±) feet from Baxter Road.
By way of background, this Board granted the Applicants a SPECIAL PERMIT in 1993
(030-93) which allowed the demolition of a prior dwelling on the lot and the construction of a
new dwelling on a different footprint which was sited approximately 20+ feet from the front lot
line. The proposed second story addition will be constructed within the footprint of the existing
dwelling. The proposed first story porch will, however, extend approximately five (~±) feet
towards the front lot line along Baxter Road. The project will create no other new zoning non-
conformities.
The property is located in the RESIDENTIAL-2 Zoning District which requires a
minimum lot size of ?0,000 sq. feet, a maximum ground cover ratio of 12.5%, minimum side and
rear yard set backs of 10', minimum front yard set backs of 30', and minimum frontage of 7>'.
The property is non-conforming as to minimum lot size; it has an area of 1 _>,088± square feet.
The property is also non-conforming as to front yard set back requirements. The dwellingT is
currently ?0± from the front lot line along Baxter Road. The proposed porch addition will be
approximatel}• 1.5+ from the front lot line. The existing structures have a ground cover of 176
square feet (1 1.7°'0). The proposed addition will add approximately 13± square feet of ground
cover and the new ground cover will be 1778± square feet (1 1.78%). The exiting side yard set
back on the northerly side is ?5± feet; the proposed northerly side yard set back will be 20± feet.
The property has 100± feet of frontage along Baxter Road.
In its prior decision (030-93 ), the Board referred to testimony stating, that mam~ of the
properties along Baxter Road have structures within the front yard set back areas and the
Conservation Commission desires to keep all construction as far as possible from the eroding
Sconset Bluff.
The proposed second story addition and first story porch are modest additions that will
enhance the property and be in harmony with other homes along the Sconset Blut~t~.
1~~~-~~~
In the alternative, and only to the extent the Board deems necessary, Applicants request
y'.~RL~NCE Relief to constrict that portion of the proposed first story porch which will extend
approximately tive (~-) feet towards the front lot line along Baxter Road.
.applicants respectfully ask this Board to grant the requested relief
BoA Form
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
ASSESSOR'S LIST OF PARTIES IN INTEREST
PROPERTY OWNER : ~~~ /t• ~ ~~ ~ ~~~G ~ ` ~~
APPLICANT FOR RELIEF (SAME? ~ ):
2-89
ADDRESS OF PROPERTY : ~~ iJ ~ n ~`~-^ /`~/ ~ ~ ~ S~'~ I~ ~`''~~
ASSESSOR'S MAP - PARCEL: - ~ 3 3
LIST OF PARTIES INCLUDING ADDRESSES
*(OR SEE ATTACHED ):
RECErVE~
BOARD OF ASScSSORS
JUN 2 9 2000
TOWN OF
I certify that the foregoing (or the attached ~~~s~~~Tlr'~er~sons,
natural or legal, who are owners of abutting property, owners of land
directly opposite on any public or private street or way; and abutters of
the abutters and all other land owners within three hundred feet of the
property line of Owner's property, as they (and their address) appear on
the most recent applicable tax list [per M.G.L. c.40A, §11 and Zoning Code
Chapter 139, §139-29D(2)].
Oa
Date
Assessor's Office
Town of Nantucket
*NOTE: Applicant (Petitioner) should include with the lot for which zoning
relief is sought, any commonly-owned abutting lots which might become
involved in the zoning matter. List map and parcels for each abutter.
~r/z~~ q~ ~,,,,~
V / ~ "
Submitted by aughan a~d Dale, P.
Date . N£ 2~ ~~~~
Client.
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49
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~ BAXTER
ROAD PUW //102
( PUBLIC )
( ALSO KNOWN AS ATLANTIC STREET )
ROAD
(DOWN 3')
COUNTY BOUND
FOUND
CURRENT ZONING: R-2
NINIFAU~A LOT SIZE: 20.000 S. F.
NINIIAUf~I FRONTAGE: 75 FT.
=RONTYARD SETBACK: 30 FT.
31DE AND REAR SETBACK: 10 FT.
au.owAOLE c.c.r,.: i 2.~r.
_XISTING C.C.R.: 9.27. =
'OR PROPERTY UNE OEZERFIINATION THIS PLOT PLAN
2EUES ON CURRENT DEEDS ANO PLANS OF RECOftD.
+1-1tIFlED BY FIELD /AEASUREYIENTS AS S}iOWN HEREON.
fIS PLAN IS NOT REPRESENTED TO DE A TITLE
:XA111NATION OR A RECORDABLE SURVEY.
NOTE:
ACCORDING TO CERTIFICATE OF TITLE.
"LAND' WITHIN 50 FT. OF THE EASTERLY
UNE OF ATLANTIC ST. IS SUBJECT TO
WHATEVER RIGHTS OF WAY FRAY LEGAL-
LY EXIST THEREOVER.
->rc luoir~lr-s ~,er 6^~= H{psl5uPy1"LEN'1'S
Flat CouFdw~14'R~ lunaF~r7~-+i~,.ttr
RGPUia,e t.~174.
rl~~ncc~c pN•rcau' CoKMf ~`i1~1 [L-~c.u
C~c.~n-o5 t~~-ice r~uwt~.~r,z~o~ 1723.
RICHARD
K
EARLE
NO. ?0118
MORTGAGE INSPECTION PLAN
IN
NANTUCKET, MASSACHUSETTS
SCALE: 1 "=20' DATE: OCT. 28, 1~Q
DEED REFERENCE: CERT.//15,445
PLAN REFERENCE: L.C.PL.~9710-E
ASSESSOR'S REFERENCE:
MAP: 4g PARCEL: 33
PREPARED FOR:
BRUCE BITTER & DIANE L. BITTER
ANo
~ e
In V
-.,,.
49-9
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: May IG~ ~ I9 93
To: Parties in Interest and. Others concerned with the
Decision of the. BOARD OF :'APPEALS in the Application of the
following:
Application No.: 030-93
Owner/Applicant: BRUCE RITTER AND DIANE L RITTER
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 Frithin such TWENTY
(20) days.
~-
~ 1., 2 ~ l
Dale Yd. Waine i man
c. c.: `s'own Cler}c
1'1~3nning Board
Ilui]_dinq Cr~mmi~.;s~<~n~~t
ZONING BOARD OF APPEALS
3 South Beach Street
Nantucket, Mass. 02554
Map 49-0-0 81 Baxter Road, Siasconset
Parcel 33 15,445
R-2
At a Public Hearing of the ZONING BOARD OF APPEALS held at
1:00 P.M., Tuesday, April 13, 1993, in .the Town and County
Building, Broad Street, Nantucket, Massachusetts, on the
Application of BRUCE RITTER and DIANE L. RITTER, 293 Nod Road,
Ridgefield, Connecticut 06877, Board of Appeals File No. 030-93,
The Board made the following DECISION:
Applicants are seeking relief by Special Permit under §139-33A to
allow the reconstruction, alteration and extension of a dwelling
which is said to be nonconforming. The structure does not comply
with current requirements as to front yard setback and is a
residential use on a lot with less than the required lot area.
The building is sited 6.5± feet from the front lot line on a lot
containing 15,100± S.F.; a minimum 30 foot front yard setback and
20,000 S.F. minimum lot area are required. Applicant proposes to
demolish the existing dwelling and replace it with a new dwelling
on a different footprint, sited 14± feet from the front lot line
at its closest point. The premises are located at 81 BAXTER
ROAD, SIASCONSET, Assessor's Map 49, parcel 33, as shown on Land
Court Plan 9710-E, Lot 8. The property is zoned R-2.
2. The Decision is based upon the Application and materials
submitted with it, the testimony and evidence presented at the
Hearings on March 5 and April 13, 1993, no recommendation from
the Planning Board, and three (3) letters in support of the
request for relief.
3. Applicants' attorney presented the proposed plan, showing
the location of the existing house, which Applicants' plan to
demolish, and the footprint of the new dwelling, which would be
constructed to replace the old dwelling.
4. After extensive discussion of the proposed siting, the
distance from the edge of the coastal bank, the distance from the
closest point of the proposed structure to the property line and
the edge of the pavement on Baxter Road, Applicant modified the
plan to site the proposed new house further from the lot line in
order to maintain a 30 foot separation between the dwelling and
the edge of the pavement. The new siting would still be within
the required front yard setback of 30 feet from the lot line; the
house to be 20± feet from the property line.
5. Because of the design of the new house, the area of
footprint of the structure within the front yard setback area
would be substantially less than the area of footprint within the
setback for the existing dwelling on the lot.
Application No. 030-93 DECISION
6. Applicant's attorney explained that the proposed new
location for the dwelling was selected to keep the house more
than 100 feet from the top of the bank, which the Conservation
Commission Administrator testified is eroding and stated that the
Conservation Commission would like all construction as far from
the edge of the bank as possible.
7. Applicants' attorney noted for the Board that many of the
properties along Baxter Road have structures within the front
yard setback area, and that the Board, in several other
applications, including Merrithew (ZBA File No. 118-92) and
Bernon (ZBA File No. 055-91), has approved the voluntary
demolition and reconstruction of single-family residential
structures, on different footprints, within required setbacks, by
Special Permit, and the Building Commissioner/Zoning Enforcement
Officer has issued Building Permits pursuant to those Special
Permits. In addition, Applicants' attorney noted that the Board
has, consistently, in several cases, allowed Special Permits for
alterations to nonconforming residential structures even though
the structure or lot was temporarily brought into conformity
during the course of the alterations, and Building Permits have
been issued based upon that relief.
8. Applicants's attorney argued that the language in §139-
33A(3)(a), and its parallel in M.G.L. Ch. 40A, §6 (first
sentence), excepting alteration, extension, structural change,
and reconstruction of single-family residential structures from
zoning restrictions if the change/reconstruction "does not
increase the nonconforming nature of said structure", if applied
to this proposal, would entitle the Applicants to relief if the
proposed new structure was less nonconforming than the pre-
existing structure.
9. By 4-1 vote (Waine, Williams, Leichter, and O'Mara in favor,
Angelastro opposed) the Board finds that the alterations and
reconstruction proposed, including the demolition of the existing
building and construction of a new single-family residential
structure on a different footprint, sited further from the lot
line than the existing structure and with less area of footprint
within the required setback than the existing building, does not
intensify the existing nonconformities nor add new ones, and the
plan proposed does not increase the nonconforming nature of the
structure, and GRANTS the relief requested by Special Permit
under §139-33A to allow the demolition and reconstruction of the
dwelling as proposed and substantially in compliance with the plans
submitted, marked Exhibit A, in the file.
Application No. 030-93
Date : I 1 ~ ~~-~ ~ ~~ r ~ ~~2
~~~
Linc~a'"F. Wil
-i
~~
Michael\O'Mara
0
H
NANTUCKET, MASSACHUSETTS
Date:- May
02554
CERTIFICATE OF GRANTING OF ~~~~ SPECIAL PERMIT
(Massachusetts General Laws, Chapter 40A, Section 11)
, 1993
The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies
that a ~>~~~x~~~ SPECIAL PERMIT has been GRANTED:
To:(Owner/Applicant) BRUCE RITTER AND DIANE L. RITTER (030-93)
Address- 293 Nod Road, Ridgefield, CT 06877
affecting the rights of the Owner/Applicant with respect to land or
building at:
81 Baxter Road Siaseonset, Assessor's Map
49.0, Parcel 33, as shown on Land Court Plan 971(
Cert. of Title
~~~X~i:
-E
15,445
And the BOARD OF APPEALS further certifies that the attached
Decision is a true and correct copy of its Decision GRANTING the
~(~~~XI~XXSPECIAL PERMIT and that copies of the Decision and of
all plans referred to in the Decision have been filed with the Planning
Board and the Town Clerk.
The BOARD OF APPEALS calls to the. attention of the Owner/
Applicant that General Laws, Chapter 40A, Section 11 (last paragraph)
provides that no ~gX;X~Xl$~~~XSPECIAL PERMIT, or any EXTENSION,
MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of
the Decision is certified by the Town Clerk that TWENTY (20) days have
elapsed after the Decision has been filed in the office of the Town
Clerk and no appeal has been filed (or, if such appeal has been filed,
that it has been dismissed or denied) and (b) the certified copy ~`-
recorded i_n the Registry of Deeds for the County of Nantucket and
indexed in the gr~snt.or index under the name o[ the Owner of Rccor<? ~%'
i_s recorded anti n~>LE~d on t:}ie Owner's Certificate of Title. T}~~' fcc' `: ~~~
such recording ~~r r~~g~~;tenng shall be paid by the Owner/Applicant.-
1
.; . ~ .