HomeMy WebLinkAbout125-98TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: March p(~.3 ' 19 99
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 12~~-98
Owner/Applicant: JOHN/JAN/AMY GOETCHEUS, TRUSTEES OF
_ ACT. ASSOCIATES (FAMILY PARTNERSHIP)
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.
J ~
~'
Dale W. Waine hairman
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.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
Assessor's Map 49.2.3
Parcel 3
R-2
36 Baxter Road, Siasconset
Plan Book 5, Page 2, Lot 5
Deed Ref. 449/338
At a Public Hearing of the Nantucket Zoning Board of Appeals
held at 1:00 P.M., Friday, December 11, 1998, in the Conference Room,
Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on
the Application of JOHN/JAN/AMY GOETCHEUS, TRUSTEES OF ALG ASSOCIATES
(FAMILY PARTNERSHIP), P.0 Box 327, Siasconset, MA 02564, Board of
Appeals File No. 125 98, the Board made the following Decision:
1. Applicants are seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-Law §139-33A (alteration/expansion of a pre-existing
nonconforming use/structure). Applicants propose to construct a 2' x 7'
addition onto the southerly side of a said to be pre-existing
single-family dwelling to expand an existing bathroom and increase the
ground cover ratio from 14.1+% to 14.2+go in a district that allows a
maximum of 12.5%. In the alternative, Applicants are seeking relief by
VARIANCE under Nantucket Zoning By-Law §139-16A to complete the project
as proposed. The property is nonconforming as to lot size having an
area of 11,250+ square feet in a district that requires a minimum lot
size 20,000 square feet; as to side and rear yard setback with the
dwelling being sited 4.0+ feet at its closest point from the southerly
side yard lot line, 8.6+ feet at its closest point from the northerly
side yard lot line and zero feet at its closest point from the rear
yard lot line in a district that requires a minimum side and rear yard
setback of ten (10) feet; and as to ground cover as stated above.
The Premises is located at 36 BAXTER ROAD, SIASCONSET,
Assessor's Map 49.2.3, Parcel 3, Plan Book 5, Page 2, Lot 5. The
property is zoned Residential-2.
2. The Decision is based upon the Application and the materials
submitted with it and the testimony and evidence presented at the
hearing. The Planning Board made no recommendation as the matter was
not of planning concern. There were no letters on file and no
opposition expressed at the hearing.
3. Applicants' agent represented that the structure was small and
that Applicants needed to enlarge an undersized bathroom that was
located on the southerly side of the single-family dwelling. In 1984
the zoning district was changed from Residential 1, with an allowable
ground cover ratio of 30%, to Residential-2, with a ground cover ratio
of 12.5%. Applicants' structure had a ground cover ratio 14.1+%, in
excess of the allowable ground cover requirement. In 1977 an 18' x 21'
addition was constructed onto the northerly side of the structure
without a building permit which increased the ground cover to 14.1+%
from 11.95+%. The addition is protected under Mass General Laws Chapter
40A, §7, from any enforcement action but renders the structure
non-complying and thus not eligible for Special Permit relief.
Applicant represented that the increase of 0.1+% would be de minimus
and would have little impact upon the neighborhood and due to the
topography of the structure, a Variance could be granted.
4. Therefore, based ,upon the foregoing, the Board found that due to
the non-complying status of the structure, having in excess of the
allowable maximum ground cover ratio of 12.5%, Special Permit relief
was not available for the proposed project. The Board further found
that there was insufficient grounds to support a grant of relief of a
Variance. Applicants then offered to remove another part of the house on
the northerly side of the structure if they could be allowed to alter
the structure as proposed without having to increase the ground cover
ratio beyond 14.1±g~. Based upon that representation, the Board found
that the alteration of the pre-existing nonconforming structure by
allowing the 2' x 7' addition to be constructed on the southerly side
of the structure as proposed at 4.5+ feet at its closest point from the
lot line, within the required 10-foot side yard setback area, without
coming any closer to the southerly side yard lot line than the existing
structure, which is sited 4.0+~feet at its closest point, would not be
substantially more detrimental to the neighborhood than the existing
nonconforming setback of the structure.
5. Accordingly, by a unanimous vote, the Board GRANTED the
requested relief by SPECIAL PERMIT under Nantucket Zoning By-Law
§139-33A as proposed upon the following condition:
- There shall be no increase in the ground cover ratio of
14.1+% or 1585+ square feet.
Dated: March ~~, 1998
RECEIVE
TOWN CLERK'S OFFICE
NANTIlCKET, MA 02554
MAR 2 3 1999
t;LERK:_
Wi11i~P / Hourihan, Jr.
ole
Micha O'Mara
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
T0: Catherine Stover, Nantucket Town Clerk
FROM: Linda F. Williams, Asst. Zoning Administrator
DATE: April 30, 1999
Please be advised that at a duly posted public hearing at 1:00 P.M.,
Friday, April 9, 1999, the Board of Appeals voted to clarify the
Decision issued in Board of Appeals File No. 125-98 to John/Jan/Amy
Goetcheus, Trustees of AGL Associates (Family Partnership).
Attached you will find the amended page of said Decision. As this is
not a material change to the Decision, correction is allowed and this
document requires no twenty (20) day appeal period. Please file this
document with the original Decision. Thank you for your assistance in
this matter. Should you have any further questions please do not
hesitate to call this office.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
Date: April 3c~, 1999
T0: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of
the following:
125-98
APPLICATION NO.:
OWNER/APPLICANT: JOHN/JAN/AMY GOETCHEUS, TRUSTEES OF
AGL ASSOCIATES (FAMILY PARTNERSHIP).
Enclosed is the Decision of the Board of Appeals which has this
day been filed with the Nantucket Town Clerk. This Decision
provides a CLARIFICATION (not a Modification), an EXTENSION, or
authorizes a TEMPORARY PERMIT under Nantucket Zoning By-Law
§139-26H, with NO twenty (20) day appeal period required.
~~
T
ale W. Waine,
Chairman
cc: Town Clerk
Planning Board
Building Department
ground cover ratio of 30%, to Residential-2, with a ground cover ratio
of 12.5%. Applicants' structure had a ground cover ratio of 14.1+%, in
excess of the allowable ground cover requirements. In 1977 an 18' x 21'
addition was constructed onto the northerly side of the structure
pursuant to Nantucket Building Permit 667-77 which increased the ground
cover ratio from 11.95+% to 14.1+% without benefit of a Special Permit
from this Board, though in compliance with said Building Permit.
Applicant represented that the increase of 0.1+% would be de minimus and
would have little impact upon the neighborhood and due to the topography
of the structure, a Variance could be granted.
4. Therefore, based upon the foregoing, the Board found that due to
the non-complying status of the structure, having in excess of the
allowable maximum ground cover ratio of 12.5%, Special Permit relief was
not available for the proposed project. The Board further found that
there was insufficient grounds to support a grant of relief of a
Variance. Applicants then offered to remove another part of the house on
the northerly side of the structure if they could be allowed to alter
the structure as proposed without having to increase the ground cover
ratio beyond 14.1+%. Based upon that representation, the Board found
that the alteration of the pre-existing nonconforming structure by
allowing the 2' x 7' addition to be constructed on the southerly side
of the structure as proposed at 4.5+ feet at its closest point from the
lot line, within the required 10-foot side yard setback area, without
coming any closer to the southerly side yard lot line than the existing
structure, which is sited 4.0+ feet at its closest point, would not be
substantially more detrimental to the neighborhood than the existing
nonconforming setback of the structure.
5. Accordingly, by a unanimous vote, the Board GRANTS the requested
relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-33A as
proposed and agreed to above, upon the following condition:
There shall be no increase in the ground cover ratio of
14.1+% or 1585+ square feet. ~_ 1
Dated: March 23, 1999
F~~CE11/E~
tOVV~i CLERK'S OFFICE
9VAPJTLICKET, MA 02554
~PI~ ~ 4 1999
~~~~
~,LERK:~ L i~- a ~~,~
Willia~p/`~. Hourihan, Jr.
rd I`Poole
Dale W. Waine
~0~~~~1~~cT~ ~ . ~_ ~~~~ r~~ .~P ~EAL~
37 _ AS~r.~Id GTG~ ST ~ ~ :~E~. - -
N~,N"~~`UC~~~T, N~ASSACHUS3tJTTS" 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, DECEMBER 11, 1998, in the CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket,
Massachusetts, on the Application of the following:
JOHN/JAN/AMY GOETCHEUS, TRUSTEES ALG ASSOCIATES (FAMILY PARTNERSHIP)
10.5
BOARD OF APPEALS FILE N0. '~-98
Applicants are seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-Law §139-33A (alteration/expansion of a pre-existing
nonconforming use/structure). Applicants propose to construct a 2' x 7'
addition onto the southerly side of a said to be pre-existing
single-family dwelling to expand an existing bathroom and increase the
ground cover ratio from 14.1+% to 14.2+*q in a district that allows a
maximum of 12.5%. In the alternative, Applicants are seeking relief by
VARIANCE under Nantucket Zoning By-Law §139-16A to complete the
project as proposed. The property is nonconforming as to lot size
having an area of 11,250+ square feet in a district that requires a
minimum lot size of 20,000 square feet; as to side and rear yard
setback with the dwelling being sited 4.0+ feet at its closest point
from the southerly side yard lot line, 8.6+ feet at its closest point
from the northerly side yard lot line and zero feet at its closest
point from the rear yard lot line in a district that requires a minimum
side and rear yard setback of ten (10) feet; and as to ground cover as
stated above.
The Premises is located at 36 BAXTER ROAD, SIASCONSET,
Assessor's Map 49.2.3, Parcel 3, Plan Book 5, Page 2, Lot 5. The
property is zoned Residential-2.
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554 Dale W. Waine, Chai an
NOV 2 4 1998
TIME:
CLERK:
TMlS NOTICE IS AVAILABLE IN LARGE PRINT OR C(~THCR
AL~"FRNATIVE. FORMATS FOR ASSISTANCE i~ALL _ _.__ __
;~~.~~.~
~;,..
Y N!' .
;-.;: BoA Form 1-89 NANTUCKET ZONING BOARD 08 APPEALB
TOWN AND COIINTY SIJILDINO D
' NANTQCRET~ MA 02554 ,.(Q~SLj
CABS No.~,
APPLYCATTON FOR RELIEF
owner' s name (s) : ( ?OCTt//~yS ~ vow ~~~~~f~ ~.S /~~~ES ~r,+.%y
{; ~~trecS~i~
r.. Mailing address: U 3~ 7 ,S~'v SrT C~Zf6 ~ ~%7 -~i 06yL6-
Applicant's name: Cro6'TeyEtJS~ ~.IoNN_~Jan~~4~°'~y, ALA +4fSoG1~°CT'ES, ~~'R7~iZ5 O~7
-T
b:ailisig address: 3o7c 32? s~cot+ssET ozS"EA~ Be)c 69'j, rSSEt~ G'T D64Q~Lb-064?
Location of lot: Assessor'b map and parcel number ,_ /`/Rim X1.2.3 TifRc~~ -3
Street address: 3~ 3rFt/TE~l- ~~~ ~ S~on~Sc- r-
Registry Land Ct'Plan, l~r
Date lot acquired:,'~~~
Uses on lot -.commercial :'None ~ or
MCD?
- number of: dwellings, duplex apartments- rental rooms_
Building date(s): all pre-8/72? or /97~~`~CQh(l~ C of O?_
suildinq Permit appl'n. Nos. ~ ~ 7 " ~ 7
Case Nos. all BoA applications, lawsuits:
State full all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each findin5 per Section
139-32A if Variance, 139-ZOA if a Special Permit (and 139-33A
if to alter or extend a nanco~'orming use). If appeal per 139-3~A
~B _ , attach decision or order appealed. OK t attach addendum
~/it.~- (~ ~~ ~ rwr~~
Items enc ose as part o i s pplications order addendusg2,__
Locus map- Site plan showing preses'st--+planne3 structures
Floor plans present proposed- elevates (HD~ appproved?_).
t,lQt! ngs let area "~'ror~tage s~atbaoka_„ GCR parking data
AososWO~c-asrtitied-addressa`~ ~t 4 aeta_ taa 1~ labels 2 sets
200 fee payable to Town of Nantucket praQf~ ~aap' oovsnant
(If an appeal, ask Toren Clerk to sien3-'~ldq Comr s reoord to DoA~
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
NOV 2 4 1998
I certify that the requested information •ubmittsd is •uDatantially TIME: 3 .US A!~•L
complete and true to the b~t of my kriowlelge, under the pains and
penalties of perjury. ~z~-~i/~ ~
SIGNATURE: ~ ~~ Applicant A4rte~~e+}'/agent >C CLER :_ ~CL_C~. m
3(if not o nex or owner's attorney, enclose proof of authority)
FOR Bo OFFICE USE ~ ~~ C~'"~
Application copies ree d: 4_~_ for BoA on~,~/_ by
One copy filed with Town Clerk on~~L~G~~( by ,c~`'plete?~
vn@ ccpy each ~o planning Ed and ~uildinq Dopt ~i byL~~~.-
8100 fo• aheok giY•:i Town Treasurer_/ n ! by~~ wa ved?_
Hearing notice posted~2 ~/~mailec~,~/ I & M~/~~~~~/
tom`
Hearing(s) on,_/,_/_ con '~a to_/,_/_, ~~_ withdrawn?~,~_,
Plan F le ,~~2 hot,
~oning district ~_
Decision due by_,/_/_ made~_/_ tiled TC~~/_ mailed~~_,
Sae related cases lawsuits other
y. _-
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1.) LOT DOES NOTE CONFORM TO CURRENT ZONING RE~?UIREME'.TS WITH
RESPECT TO MINIMUM LOT SIZE.
2.) DWELLING DOES NOT CONFORM TO CURRENT ZONING REQUIPMENTS
WI`iH RESf'cCT TO SIDE & REAR YARD SETBACKS.
3.) Dv"rILINC ~ ~ OVER REAR LOT LINE AND PROJECTS :NTB 34'-- NAY.-
~ STY W~F
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ADDITION
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49-63
NSF MARY F GILDEHAUS
150.00 ~ (rte
LOT 5
11, 250 + SF
~ 5- (-'ec.
»p~±
N/F DANIEL 49.2.3
~ EL1ZggETH M, WOODHEAO
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CURRENT ZONING: R-2 ~_
MINIMUM LOT SIZE: 20,000 sq.ft.
MINIMUM FRONTAGE: 75 ft.
FRONTYARD SETBACK: 30 ft.
SIDE AND REAR SETBACK: 10 ft.
ALLOWABLE G.C.R.: 12.5%
EXISTING G.C.R.: 14.1% ± (1585 ± sf)
PROPOSED G.C.R.: 14.2% ± (1600 ± sf)
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO 6E A TITLE
EXAMINATION OR A RECORDABLE SURVEY.
33
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-~ PLOT PLAN TO ACCOMPANY
APPLICATION TO ZONING BOARD OF APPEALS
IN NANTUCKET, MASSACHUSETTS
SCALE: 1 "=30' DATE: OCT 30, 1998
REV: NOV. 5, 1998
DEED REFERENCE: DBK 449/338
PLAN REFERENCE: PLBK 5/2
ASSESSOR'S REFERENCE:
MAP: 49.2.3 PARCEL: 03
PREPARED FOR: ALG ASSOCIATES
SMACK SURVEYING
2 WASHAMAN AVENUE
NANTUCKET, MA. 02554
(508) 325-0940
J-259ZBA
JOHN S. GOETCHEUS, M.D.
Orthopaedic Surgery
MIDDLESEX, TURNFII:E ~ P.O, TyOX 697
ESSEX, CONNECTICUT 06426-0637
Telephone 860;767-0796
October 20, 1998
Zoning Board of Appeals &
Historic District Commision
Nantucket, MA
Dear Sirs:
Mr. John F. Van Lieu agreed to present the proposed changes to our home at 36 Baxter
Road. I have authorized him to be my agent in all aspects of that process.
Thanking you in advance.
Sin yours,
J S. Goetcheus, M.D.
JSG/djc
~~
SEP 3 ~~~~
_ --_._ _g.oA-£~rm
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(~~'
NANTUCKET ZONING BOARD OF APPEALS
TOWN.AND COUNTY BUILDING
NP?~ITUCKET, MA 02554
ASSESSOR/S LIST OF PA.RTIE /IJN T_NTEREST
PROPERTY OWNER: (`70CTC/~EUS ~J ~ ~7 /T~~oC/fz+%E S
APPLICAN^1 FOR RELIEF (SAME? ~ ~~/~ [=
ADDRESS OF PROPERTY : ~~P 3~ X i ~,~ ~t7
ASSESSORS MAP & PARCEL: ~~ ~ oZ, ,~ ~~CEI .~
LIST OF PARTIES I~1CLliDING ADDRESSES* (OR SEE ATTAC`riED ).
I certify that the foregoing (or the attached ) lists
all persons natural or legal, who are owners of abutting
property owners of land directly opposite cn 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, Section 1? Zoning Code Chapter 139,
Section 139-29D (2)}.
a~~ 14 ~
Date P.ssessors Office
Town of Nantucket
*NOTE: Applicant (petitioner) should include with the lot
. for which zoning relief is sought, any commonly-owned
abutting .lots which Night beco:~e involved in the zoninc
matter. List r.:ap ar.d parcels for eac?: abutter.
09/09/98 TOWFd OF NANTUCKET
11 :10:47 041NER'S MAILING ADDRESS LIST
Ftan Block Lot Owner's/Co-Owner's Name Mailirg Address/City State Zio Property Locaticn
~~:'3 0026 ii+;EERTS R(:Y M & WILSON TAMMY E 217 WE' :~ON RD 0043 SANKATY RD
''-.LESLEY "fA 02181
4923 / 0051 WILEY ROBERT N & ELAINE C TR 2231 S CARNEGI'c DRIVE 0039 SANKATY RG
INVERNESS FL 34450-6073
4923 '~ 0047 LATHROP JOHN G PO BOX 344 0037 SANKATY RD
MILLWOOD VA 22646
4923 /0046 LATHROP JUHN G PO BOX 344 0035 SANKATY RD
tdILLW00D VA 22646
4923 '/ 0031 *PAGON MARSHALL W & MATTESON 108 EAST 81ST ST APT 9A 0028 BAXTER RD
HOLLY T NEW YORK NY 10028
4923 0029 CONSTANTINE BARBARA BYRD 0005 WAMASQUID PL 0032 BAXTER RD
NANTUCKET MA 02554
4923 (/ 0028 WOODHEAD DANIEL & ELIZABETH M 0666 HILARY DR 0034 BAXTER RD
C/0 EKLUND DAVID A TIBURON CA 94920
4923 y~ 0009 RITCHIE ELEANOR P 0034 KALAROMA CIR 0029 BAXTEk RD
WASHINGTON DC 20008
4923 `0008 CHERRY DOROTHY M PO BOX 5218 0031 BAXTER RD
LOUISVILLE KY 40255-0218
4923 (0007 BROLL ARTHUR G JR 1228 DENBIGH LANE 0033 BAXTER RD
RADNER PA 19087
4923 0006 KUPPENS MICHAEL F TRUSTEE 55 NORTH MAIN ST 0035 BAXTER RD
THE NEWSTREET TRUST COHASSET MA 02025
0049 / 0009 *NANTUCKET TOWN OF 0016 BROAD ST 0000 SCONSET BLUFF
NANTUCKET MA 02554
0049 ~ 0010 BROWNWOOD DAVID 0 825 8TH AVE 46TH FL 0039 BAXTER RD
NEW YORK NY 10019
0049 ~ ~ 0063 BARR NICOLE S 0737 PARK AVE 0040 BAXTER RD
NEW YORK NY 10021
/
0049 '
`~ 0011 SOROS PAUL & DAISY (TE) 1102 OENOKE RIDGE 0041 BAXTER RD
NEW CANAAN CT 06840
0049 ~ 0062 MOFFETT JAMES S & DONALD W APT 8 0042 BAXTER RD
356 EAST 13TH STREET NEW YORK NY 10003
0049 ~
V 0061 TRAVERS THOMAS A & CYNTHIA A 840 VERNA HILL ROAD 0044 BAXTER RD
FAIRFIELD CT 06430
0049 0060 *ODONOVAN ALFRED J TRUSTEE 75 STATE STREET 0046 BAXTER RD
BOSTON MA 02109
0049 ,/ 0068 MOFFETT DONALD R PO BOX 425 0005 ANNS LN
SIASCONSET MA 02564
0049 /00651 MOFFETT DONALD R TRUSTEE PO BOX 425 051R SANKATY RD
51 SANKATY ROAD REALTY TRUST SIASCONSET MA 02564
0049 /0066 MOFFETT DONALD R TR PO BOX 425 0049 SANKATY RD
SIASCONSET MA 02564
0049 - ~~0064 SULLIVAN ROBERT L & ELIZABETH 7121 NATELLI WOODS LANE 0045 SANKATY RD
BETHESDA MD 20817
PAGE 1
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