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Home My WebLink About077-99TOWN OF NANTUCKET BOARD OF APPEALS s NANTUCKET, MASSACHUSETTS 02554 Date: September, 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.: 077=99 Owner/Applicant: AMOS HOSTETTER, JR., TRUSTEE OF BEECHCROFT TRUST II 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 days 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. ~. ~-~ - William Hourihan ~ Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMT.T 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 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 58 Baxter Road, Residential-2 49, Parcel 54 Siasconset Plan Book 20, Page 90 Lot 7 Deed, Book 546, Page 69 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, September 17, 1999, at 1:00 P.M., in the Conference Room, in the Town Annex Building, 37 Washington~- Street, Nantucket, Massachusetts, the Board made the following decision on the application of AMOS HOSTETTER, JR., Trustee- of BEECHCROFT TRUST II, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 077-99: 2. The applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law §139-33.A (alteration and expansion of a pre-existing, nonconforming structure). The applicant proposes to alter the single-family dwelling with attached garage as part of a substantial renovation by relocating it, increasing front yard setback to about 20 feet from Baxter Road and eliminating the northerly side yard setback nonconformity. The subject property (the "Locus") is nonconforming as to front yard setback, with the structure being sited at 9.60± feet at its closest point from Baxter Road, in a zoning district in which minimum front yard setback is 30 feet; as to side yard setback, with the structure being sited at 9.70± feet at its closest point from the northerly side yard lot line, with minimum side yard setback in this zoning district being 10 feet; and as to lot area, with the Locus containing 9,340± square feet (9,423± square feet per the recorded plan) with minimum lot area in this district being 20,000 square feet. The Locus is conforming as to all other dimensional requirements, including ground cover. The Locus is situated at 58 BAXTER ROAD, SIASCONSET, Assessor's Map 49, Parcel 54 , is shown on plan recorded with Nantucket Deeds in Plan Book 20, Page 90, as Lot 7, and is situated in a Residential-2 zoning district. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation, on the basis that the issues presented were not of planning concern. Except for the presentation by the applicant's representatives, there was no opposition nor support presented in person, by representatives or by correspondence at the public hearing. 4. As presented by the applicant's lawyer and architect, it is proposed that the existing structure, which consists of a garage facing Baxter Road with an attached dwelling unit, be relocated and substantially altered, with the nonconforming front yard setback of about 9.70 feet being increased to about 20 feet. The appearance of the structure will be substantially changed, and this alteration has already been approved by the Nantucket Historic District Commission. The structure will be sited about . 10 feet from the northerly side yard lot line, as measured-from the boundary of the lot as shown upon the record plan; however, the applicant also owns the adjacent land to the north, so no actual side yard nonconformity now exists. Likewise, the lot ._ area nonconformity is cured by the automatic merger of the Locus with the commonly-owned vacant parcels which it abuts, so there is no actual nonconformity in lot area. The effect of the proposed work will be to separate the garage portion of the structure from Baxter Road by twenty feet, enabling the provision of lawful parking spaces- between Baxter Road and the garage entrance. When asked by the Board of Appeals why the relocated structure was proposed to be sited twenty feet from Baxter Road and not the minimum of thirty feet required by the Zoning By-law, the applicant's representatives stated that the effect of placing the structure farther back on the lot .would be the loss of green space to the rear of the structure, abutting conservation land owned by the 'Sconset Trust. Furthermore, the applicant's representatives presented a collection of photographs showing numerous garage structures in closer proximity to Baxter Road than the required front yard setback, and showed that the actual pavement of Baxter Road is situated some five feet from the westerly line of the roadway layout adjacent to the Locus. 5. Based upon this presentation, the Board of Appeals voted UNANIMOUSLY to make the finding that the effect of the proposed alteration and relocation of the structure will be an improvement to the neighborhood, in that the appearance of the structure will be substantially improved and the nonconformity in front yard setback will be reduced, and to GRANT the requested SPECIAL PERMIT, subject to the following conditions: (a)' All work shall be done substantially in conformity with the plans submitted to the Nantucket Historic District Commission and approved under Certificate of Appropriateness No. 34,627; and (b) The applicant shall cause the structure to be situated upon a lot containing at least the minimum lot area in the zoning district in which it is situated (at present, 20,000 2 . .. William ~. H~urihan, Jr. ~ ~' O'Mara square feet), by merger of lots or by reconfiguration of the , present or merged lots so that each building lot contains at least the minimum lot area. , Dated: September- ~ 1999 \`~ v ' ~, ~8' ~ ("UWN CLERK'S OFFICE NANTC~CKET, MA 02554 SEP 2 3 1999 R~: ~ ' - sc F:\WP\HOStetter\Amos\58 Baxter\ZBA DEC.doc Dales: Nancy J. Sev en - D. Nei ar nt 3 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 AGENDA A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, SEPTEMBER 17, 1999, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: AMOS B. HOSTETTER, JR., AS TRUSTEE OF BEECHCROFT TRUST II BOARD OF APPEALS FILE N0. 077-99 The Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-33A (alteration/expansion of a pre-existing nonconforming use/structure). Applicant proposes to alter the single-family dwelling as part of substantial renovation by relocating it further out of the front yard setback area at about 20 feet from Baxter Road and eliminating the northerly side yard setback nonconformity. The Locus is .nonconforming as to front yard setback with the dwelling being sited at 9.60+ feet at its closest point from Baxter Road in a district that .requires a minimum front yard setback of 30 feet; as to side yard setback with the dwelling being sited at 9.70+ feet at its closest point from the northerly side yard lot line in a district that requires a minimum side yard setback of 10 feet; and as to lot size with the Lot containing 9,340+ (9,423+ square feet recorded area) square feet of area in a district that requires a minimum lot size of 20,000 square feet. The Lot is conforming as to all other dimensional requirements, including ground cover ratio. The Premises is located at 58 BAXTER ROAD, SIASCONSET, Assessor's Map 49, Parcel 54, Lot 7, Plan Book 20, Page 90. The property is zoned Residential-2. e ~ 0~ ~I'L William P. Hou ha Jr., Cha man THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE PLEASE CALL (508) 228-7215. BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 APPLICATION FOR RELIEF August 4, 1999 CASE No. ~. ~-~ Owner's name(s): Amos B. Hostetter,Jr., as Trustee of Beechcroft Trust II Mailing address: c/o Reade, Gullicksen Hanley & Gifford LLP Applicant's name: Same Mailing address: P. O. Box 2669. Nantucket, Massachusetts 02584 Location of lot: Assessor's map and parcel number 49-54 Street address: 58 Baxter Road Registry T "`~-^~ Plan, Plan Bk & Pg or iiu-iz--~~i2 20-90 Lot 7 Date lot acquired: 9/4/97 Deed Ref 546-69 Zoning district RR=2 Uses on lot - commercial: None x or MCD? _ - number of: dwellings 1 duplex _ apartments _ rental rooms Building date(s): all pre-8/72? x or C of O? _ Building Permit appl'n Nos. Case Nos. all BoA applications, lawsuits: State fully 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 finding per Section 139-32A _ if Variance, 139-30A x if a Special Permit (and 139-33A x if to alter or extend a nonconforming use). If appeal per 139-31A & B _, attach decision or orders appealed. OK to attach addendumz The applicant requests a Special Permit under Nantucket Zoning By-law §139- 33.A, for the alteration of a pre-existing, nonconforming dwelling by renovation and enlargement. The structure is nonconforming as to front yard setback, having setback from Baxter Road of about ten feet, with minimum front yard setback in this district being 30 feet; and as to side yard setback, having setback from the northerly aide lot line of about 9.75 feet at the closest point, with minimum side yard setback in this district being 10 feet. The applicant proposes to increase front yard setback to about 20 feet and to eliminate the aide yard setback nonconformity. The structure is conforming as to all other dimensional requirements, including ground cover ratio. The subject lot is nonconforming as to area, having area of about 9423 square feet, with minimum area in this district being 20,000 square feet. Items enclosed as part of this Application: order1 addendum2 _ Locus map x Site plan x showing present x + planned x structures ~ ~'~ a~~~d Floor plans present _ proposed x elevations x(HDC approved. ) rt_`F"", (~~ )_ -~ `~'`~''' <`~ OFFICE Listing lot area x frontage x setbacks x GCR x parking data x ~!"j!`~ E ~.,;tG~" Assessor-certified addressee list 4 sets x mailing labels 2 sets x ~ MFl ~~Jr54 $200 fee payable to Town of Nantucket x proof' 'cap' covenant ~~ ~ 0 2 1999 '(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) ?l1~: I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and ~.LtF3f(; ~ ~ .-F-- penalties of pe 'ury. _ ~. SIGNATURE: Applicant _ Attorney/agent x '(If not owner or owner's attorney, enclose proof of authority) FOR Bo FFICE USE Application copies reed: 4 or r on ~"//~ by ~j~~~"LJ One copy filed with Town Clerk on ~/~ by mplete? One copy each to Planning Bd and Building Dep b $200 fee check given w ~T~j~asurer on y aived? Hearing notice posted ~Q~~`~1- mailed ~/~/ & M / /~ ~j Hearing(s) on _/_/_ cont'd to _/_/_, _/_/_ wi hdrawn? _/_/~ Decision due by _/_/_ made _/_/_ filed TC _/_/_ mailed _/ /_ See related cases lawsuits other F:\WP\Hostetter\Amos\2BA Application.doc FROM BENTLEY 8 CHURCHILL ARCHITECTS PHONE NQ. 508 228 4844 X Q i~ i 1 1 1 l ~` `~~ quq, 31 1999 ii:30fiM Pi tae. ~q .. .. . - - - y-~ i . t '~ a t3! •~' ~ + . e ~ :Y ~ v ~ - ~ z v ~ ~ ~ ~ I ~ , ~~ .s~~ _ y ~~ ~ __ ~` ~ Id a ~ ~ ~ - - -- o_ 1 i I ''~ I ~ ~,' i ' I, ~ ~ l ~ . - - . ~ ti , ~~ _.. . ~~ ~ / 15.00 ' ~~~~ ~I ~~n~ NE\JOBS\N5778\N5778 BEECHCROFT3 TRUST // LOT ,q/L. C PL ` . . CTR. /CB CERT. 18,¢ 91`31 A -2 .FND. , 013 •I X25.00' RECORD 124.25' TO LAYOUT B ~ AXTER RD. ~ f ~ ~ ~h V O 0 o I~ ~'N~ w ~ ~b rr /STY\ rY00D FR,gME \ ~ ~ •~ r~` po V BU/LD/NG o 0 U ~ ~ ~ ~ ~ ~ o r ~ 9.S~t o W ,~ CURREN r AREA_ 9, 340~-S F. ~ ~ (RECORD AREA-9, 423fS F.) O ~ v 126.30' RECORD 124.86' TO LA YpU BAXTER ROAD ~~ BEECHCROFTS LOT 6/PL.BK.20,oG90 Dp BK. 546, PG 67 POINTED CONC. POST FND. WAY ZONING CLASSIFICATION DISTRICT: R2 =RESIDENTIAL 2 MINIMUM LOT SIZE = 20,000 Sq Ft. MINIMUM FRONTAGE = 75 Ft. FRONT YARD SETBACK = 30 Ft. REAR & SIDE LINE SETBACK = 10 Ft. MAX. GROUND COVER RAT10 = 12.5 EXISTING GROUND COVER RAT10 = 9.6~ t REFERENCES: ' DEED REF.: DD.BK.546,PG.69 PLAN REF.: PL. BK. 20 PG. 90 ASSESSORS REF.: MAP: 49 PARCELS: 54 NANTUCKET SURVEYORS INC 5 WINDY WAY NANTUCKET, MA 02554 (508) 228-0240 q CTR./CB FND. 0 0 n Z ~ Q ~ h ~~ o~ V Q I m O h W ~~N ~F tilgs~e / rE. rq ~ ~~~ .~° RICHARD ~` o K. EARLE 9„ No. 29416 ~Q' PLAN TO ACCOMPANY A Z.B.A. APPLICATION IN NANTUCKET, MASS. PREPARED FOR: AMOS HOSTETTER SCALE: 1 " = 30' DATE: AUGUST 4, 1999 N-5778 "' { ~ WAY s 3.~1 c~ N.c. ~ ~~ n cL zs.~ f~ ~ ' ~4y ~s,e G#~ z5 __ - x ~ -- Q 24 al ~ 7WAY ~. 3 rc a7 Gt 3 23 ----- ~ I so -~ 90 `-- ,9 ~ zz 1 7 ~f.. (C War ~ ~A~ gyJ _____ _ 62 !! 1 II p.~.1 L a;,. ~ v~• 5 6' .~ o~.+~ 6A 1• M ,~ 133 111 I~ ~-' lal Ar " 1~ ~ n 'BEf tai caoFr tir~Y ~ _ o x. n ~ 7a'/ --1 at I,.r u7 /t4 St w Ic ~ 37 !7 1. t K. IF-1 f.3. y..t! ~~ ~~. It '1 JP.7 M s M.T AC. flgrltltTQ1!! Of rn[ so~lw ov NnaTu ~~ It s1.~.eA.rJ 4 ~ co I>< f.. u rsl t "`>'./ RI ,..~ ^ t jn 0C Tas'~ ,es to ~ eta f~Rt7 ,1?, 2.3 ~~r~~~ ` . 1 ~ t~ ~~ ~ ~~ ~C- ~ w 5~140Fii'=>rQ ~3ROTHERS, iPiG. I_~~ ` g~ z ~ -'y ~ 1 ~ oy PS!Of CSSION~I QMCIp[ER1R[GIb7[R[D lANO SURY[YORS ggg * ~ O ww +I~D FEO(RI.I ST., kANY VC:MLT. MASS. Z Nu~ 94-i9t~ I \Sn or -~"T' 1 ~~°`llfw(LLTN y~ g'}~ o LLEW[ILYN s ~ jN~ Il` a M U T ~ ~ t. I °~ Z rf SCIH?f1LlD .~ ~j' LCNOfiClO L1 V ,p 4 SJ+ O ~ u ~ No. 317 O N "T..i (, DIRTE*~GT yD ~D~fTCP~\.p~`~' hD SLS''S' ~tlhONM tMb E SMEE1 tNOEx _1 ,. I ' 1 i 1 ~; ~1 ~' ~~ i I' 1' i! •'r ., 1 's I 0 o 0 o n r3 W t N98,000. 7 ~,~- _ 49 ~~ EET NO. ,' ~~ 7" ; 9101 11 ~I? ~1, ~ IX 1J •~J• ~10 7 111 . ,. 's 7'~7' ~ 73 7l ~.j~~.' I K'.. u ~S ad U I .!F - ' BJ SI _SI I SO n ~^ .. 59 70 71~ 11 ;T ~ 1 78 77 76 73 7~ B9 90 91 9 - ' , ~' :i,: ,, 1 ~ ~ • • TOWN, OF NANTUCKET ZONING BOARD OF APPEALS LIST OF PARTIES fN MTnnERE__ ST IN THE TT R OF TI-i~PETITiON OF ) PROPERTY OWNER:....4~~ S ~j . q.~(. .. ~ ru1~,P ~ ~ o~-t Tr~ MAILING ADDRESS :....................................................•.............. ............... PROPERTY LOCATION :...............~J..llll~.,.. .... .. `~. ............ ............ ASSESSORS MAP/PARCEL:........ .,.1.~ .5. ~ .................. ......................... SUBMITTED BY :....................................:.......................................................... SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are o~mers of abutting property, o~~ners of land directly opposite on any public or private street or ~vay; and abutters of the abutters and all ocher land o~~rers ~~•ithin three hundred feet of the property line of owner's property, all as the~• appear on the most recent applicable tai: list. (M.G.L. c. 40A, Section 1 l Zoning Code Chapter 139• Section 139-29D (2) ). . , ......~3..~1..9.g .................... ...~al)~~s.. ~~.. i . DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET ., _ ~ 07/22/99 TOWN OF NANTUCKET PAGE 1 09:04.30 OIJNER'S MAILING ADDRES S L IST MUAS750 9.2 Map Blcck Lot Owner's/Co-Owner's Name Mailing Address/City S tat e Zip Property Loca tion 0049 0090 MOSTLY C LIMITED LIABILITY CO 110i NOTTINGHAM ROAD 0081 SANKATY RD C/0 CASHMAN WILLIAM T WILMINGTON DE 19805 0049 0051~MOSTLY C LIMITED LIABILITY CO 1101 NOTTINGHAM ROAD 0064 BAXTER RD C/0 CASHMAN WILLIAM T WILMINGTON DE 't 9805 0049 0052 VAUGHTER ELINOR & HEALEY ANNE 3612 CHESAPEAKE ST NW 0062 BAXTER RD & GAMMON ELINOR W WASHINGTON DC 20008 0049 0053 HOSTETTER AMOS B JR TRUSTEE THE PILOT HOUSE LEWIS WHA RF 0060 BAXTER RD C/0 CONTINENTAL CABLE INC PASTON MA 02110 0049 0055 HOSTETTER AMOS B JR TRUSTEE THE PILOT HOUSE LEWIS WHA RF 0056 BAXTER RD C/0 CONTINENTAL CABLE I1C BOSTON MA 02110 0049 C021~ VAUGHTER ELINOR & HfALEY ANNE 3612 CHESAPEAKE ST NW 0061 BAXTER RD & GAMMON ELIN02 WASHINGTON DC 20008 0049 0020 MITCHELL ELIZABETH TRUSTEE BURLINGAME RD 6059 BAXTER RD GEORGE E MITCHELL IRREV TRUST CAZENOVIA NY 13035 0049 0018 GIFFORD WHITNEY A TRUSTEE PO BOX 2669 0055 BAXTER RD FLAGGSHIP NOMINEE TRUST NANTUCKET MA 025 84 0049 0017 ~ HOSTETTER AMOS B JR LEWIS WHARF 0053 BAXTER RD THE PILOT HOUSE 60STON MA 02110 0049 012 HOSTETTER AMOS 8 JR LE91IS WHARF 054A BAXTER R9 THE PILOT HOUSE BOSTON MA 021'!0 0049 0123 HOSTETTER AMOS B JR TR LEWIS WHARF 0001 BEECHCROFT WY THE PILOT HCUSE BOS70tJ MA 02110 0049 0083~SCONSET TRUST INC PO BOX 821 0079 SANKATY RD BUCKINGHAM GEORGE M JR SIASCONSET MA 02564 0049 008i'~ SCONSET TRUST INC PO BOX 821 0077 SANKATY RD BUCKINGHAM GEORGE M JR SIASCONSc7 MA 02564 0049 0083 SCONSET TRUST INC PO BOX 821 0075 SANKATY RD BUCKINGHAM GEORGE M JR SIASCONSET MA 02564 0049 0083 SCONSET TRUST INC PO BOX 821 0073 SANKATY RD BUCKINGHAM GEORGE M JR \ SIASCONSET MA 02564 0049 y ' 0083[ SCONSET TRUST INC PO BOX 821 0071 SANKATY RD BUCKINGHAM GEORGE M JR SIASCONSET MA 02564 0049 0130 SCONSET TRUST INC PO BOX 821 0012 BEfCHCROFT b!Y BUCKINGHAM GEORGE M JR SIASCONSET MA 02564 0049 0131 ~SCONSET TRUST INC PO EOX 821 0011 BEECHCROFT WY BUCKINGHAM GEORGE M JR SIASCONSET t1A 02564 0049 0132' SCONSET TRUST INC PO BOX 829 OOC9 BEECHCROFT WY BUCKINGHAM GEORGE M JR SIASCONSET MA 02564 OC49 0133 ~SCONSET TRUST INC FO BOX 8G1 0007 BEECHCROFT WY BUCKINGHAM GEORGE M JR SIASCGNSET MA 02564 0049 1` 0134JC SCONSET TRUST INC PO 60X 829 0005 BEECHCROFT WY \ BUCKINGHAM GEORGE M JR SIASCONSET MA 02564 ,0049 '/ 0135DC SCONSET TRUST INC PO BOX 8[1 0003 BEECHCROFT WY ' \ BUCKINGHAM GEORGE M JR SIASCONSET Mn 02564 OC49 0124 6CHOSTETTER AMOS B JR LEWIS WHARr O~C2 BEECHCROFT WY THE PILOT HOUSE BOSTON MA 021 i0 0049 0125 ~SCONSET TRUST iNC PO BOX 821 G004 BEECHCROFT WY BUCKINGHAM GEORGE M JR SIASCONSET MA C2564 OC49 ~,~ 0'!2T SCONSET TRUST INC PO BOX 821 0006 BEECHCROFT WY BUCKINGHAM GEORGE M JR SIASCONSET MA 02564 0049 0008 BARNETT ELLIOTT B & BONNIE 16276 EiRIDLEW00D CIR 0087 BAXTER RD DELRAY 2EACH FL 33445-6674 b7/22/99 TOWN OF NANTUCKET PAGE 2 09:04:30 OWNER'S MAILING ADDRESS LIST MUAS750 9.2 Map Block Lot ,~/Owner's/Co-owner's Name 0049 00221' MOSTLY C LIMITED LIABILITY CO """\ C/0 CASHMAN WILLIAM T 0049 0115 ~CONSET TRUST INC BUCKINGHAM GEORGE M JR 0049 0117 BUCKINGHAM GEORGE M JR TR `' SCONSET TRUST 0049 0118 ~BLLCKINGHAM GEORGE M JR TR SCONSET TRUST NUMBER OF RECORDS = 30 Mailing Address/City State Zip Properly Location 1101 NOTTINGHAM ROAD 0063 BAXTER RD WILMINGTON DE 19805 PO BOX 821 0696 SANKATY RD SIASCONSET MA. 02564 PO BOX 821 069A SANKATY RD SIASCONSET MA 02564 PO BOX 821 0069 SANKATY RD SIASCONSET MA 02564