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Home My WebLink About043-10 Quaise Twenty N.T.(Sarah Alger, Trus) NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 ~-1J --iz "."",' S? ):"> C- ~ :;;:~ F -, C~Slt:NO. "4~-l D. . - o FEE: 53'00.00 APPLICATION FOR RELIEF ;-i'~'~ :;1:. ;..,., a ~ Owner's name(s): Sarah F. Alf!er. as Trustee of Ouaise Twentv Nominee Trust Mailing address: Two South Water Street. Nantucket. Massachusetts 02554 Applicant's name(s): Same Mailing-address Same Locus address: 20 Bassett Road Assessor's MaplParcel: Map 26. Parcel 60 Plan Book & PagelPlan File No.: Plan Book 8. Pae:e 49 Lot Nos.: 21. 22.23.24.25.26.27.28 and 30 Date lot acquired: 6/8/2010 Deed Ret/Cert. of Title: Book 1233. Pae:e 199 Zoning District: LUG3 Uses on Lot - Commercial: None l Yes (describe) Residential: Number of dwellings ..1.... Duplex No Apartments ~Rental Rooms No Building Date(s): All pre-date 7/72? No - one dwelline: and accessory structure pre-dates 1972: one dwelline: built in 1995 C ofO(s)? Yes Building Permit No: 11539-94 Previous Zoning Board Application Nos.: (:::; I::) " None State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zonfng By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: Please see the attached addendum. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under th pains and enalties of perjury. Applicant Attorney/Agent X y, please enclose proof of agency to bring this matter before the Board) FOR ZBA OFFICE USE Application received on:~~_By: Complete: Need copies?: Filed with Town Clerk:_/~_ Planning Board:~~_ Building Dept.:~_/_ By: Fee deposited with Town Treasurer:_/---1_ By: Waiver requested?:_ Granted:---1_/_ Hearing notice posted with Town Clerk:---1---1_ Mailed:---1---1_ I&M:---1---1_ & ---1~_ Hearing(s) held on:_/~_ Opened on:---1---1_ Continued to:---1~_ Withdrawn?:~---1_ DECISION DUE BY:~~_ Made:---1---1_ Filed wlTown Clerk:_/---1_ Mailed:---1~_ DECISION APPEALED?:~---1_ SUPERIOR COURT: LAND COURT Form 4/03/03 SIGNATURE: (If not owner or . ... Addendum The Applicant seeks a Special Permit pursuant to Nantucket 'Zoning By-law ~139-33A to alter a pre-existing non-conforming structure on a pre-existing non-conforming lot by picking it up and relocating it in a conforming location on the Locus. As so relocated, the structure shall meet all applicable front, rear, and side yard setback requirements, and there will be no increase in ground cover or other zoning nonconformity. The Locus is nonconforming as to area, having about 77,150 square feet of land area, where 120,000 are required and as to ground , cover, having ground cover of about 3.7%, where 3% is allowed. The Locus was in existence as of November 15, 1990 and, as a result, had the benefit of LUG-1 intensity regulations until January 1, 2000, when the LUG-3 zoning requirements became applicable to lots of record in this area. The structures on the Locus were all built prior to January 1, 2000. The Applicant also owns the property at 18 Bassett Road, which is separated from the Locus by West Quaise Road, which is an 'unconstructed road over which abutters to the north have extant rights of access. The Locus is located at 20 Bassett Road and is zoned LUG-3. E ~ f I ! t I o o o <D '" ,., llJ flfA]flfJ! ([f elK EJ! HAllf(l$([J)!& UN IVERSITY OF MASSACHUSETTS 90.0 ACo v '-.\ ...... ,.'" ci o o ,.... Ib' DATE PARCEL DATE PARCEL INFORMATION SHOWN HEREON WAS COMPILED FROM AERIAL PHOTOGRAPHS, DEEDS, AND PLANS OF RECORD AND IS NOT TO BE The To,' NAN' l\IH '4 1.2 AC. ,. 4.5 AI;. I: " 2. 7 AC. 14,'!.. IA ~' 1.1-" \'\ + '4 T.O AC, L 2.. SECTION :.... \~:" , \'\~ lAo , POL"PIS .:looS .t.of:I 3at "'" J .... . ~ 20 Bassett Road - Map 26, Parcel 60 2854.1 2658 @> 26- 46 N/F Andres J. Recorder & lsobelle Schiovi Cert: ,21554 Land Court Pion 37002-A 26-45 N/F Quoise Twenty Nominee Trust .t!Q!ES: WELL AND SEPTIC SYSTEM INFORMATION SHOWN HEREON IS BASED ON PLANS ON FILE AT THE NANTUCKET HEALTH DEPARTMENT, WORK WITHIN 100-FEET OF THE WETLAND REOUIRES THE APPROVAL OF THE NANTUCKET CONSERVATION COMMISSION --- '62.a\' \ \ \ \ \ \ \ LOT AREA=77,150:tS.F. ROAD I I ) / 26- 59 N/F Richord E. Hilger & Wginia K. Halger, Tr. 0: 405/189 '- IVW'9 ~'VW'8 @ 26-54.1 /VW" N/F Nontucket Conservation \ f oundotion, Inc. 0: 620/220 \ @ IVW'2 "': \ .1l!k. t IVW,J @> @ IVW'4 26-55,56 .1l!k. 1~'5 N/F Robert G. Cook & Eleanor J. Cook 0: 129/441 HOLUSTER (NOT CONSTRUCTED) 26-41 N/F Oovid G. Koytes & Barbaro B. Koytes 0: 430/231 P,f. 39-J J.EIID @> DENOTES EXISTING 'EU ~y ......-. DENOTES .ETIAND BOUNDARY AS FlAGGED . DENOTES CONCRETE MONUMENT roUND CURRENT ZONING CLASSIFICATION: Limited Use Generol 3 (L.U.G.-3) EXISTING: MAP:26 PARCEL' 60 77,150 S.F.:1: SEE PLAN SEE PLAN SEE PLAN 3.7:1:% MINIMUM LOT SIZE: 120,000 S.f. MINIMUM FRONTAGE: 200 FT. FRONT YARD SETBACK: 35 FT. REAR/SIDE SETBACK: 20 FT. GROUND COVER % : 3% OWNER' S REFERENCE QUAISE TWENTY NOMINEE TRUST #20 BASSETT ROAD MAP 26, PARCEL 60 DEED BK, 12.3.3, PG, 199 PLAN BOOK 8, PG, 29 LOTS 21, 22. 2.3, 24, 25, 26 27, 28 & 30 C:\SPF\PROJ\PBO\B6928\SITEPLAN 2.dwg 9/14/2009 r- L_ I 11 :43:08 AM EDT 0' EXHIBIT A SITE PLAN OF LAND TO ACCOMPANY A Z.B.A. APPliCATION in Nantucket. MA Prepared For QUA/SE TWENTY NOMINEE TRUST 20 BASSETT ROAD MAP 26 PARCEL 60 Scale: 1 "=50' July 6. 2010 BLACKBU and ASSOC1Af'8S. Inc. Professional Land. Surveyors 20 TEASDALE CIRCLE NANTUCKET. MASS. 02554 (508) 228-9026 SCALE I 100' GRAPHIC I 50' I 150' J5'~ TOWN OF NANTUCKET RECEiVED BOAF:D OF AsaESSORS t\.. JUl 0 1 2010 .j":,' " TOWN OF NANTUCf(ST, AHA ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MAITER OF THE PETITION OF PROPERTY OWNER: Sarah F. Alger. as Trustee of Ouaise Twenty Nominee Trust MAILING ADDRESS: 2 South Water Street. Nantucket. Massachusetts 02554 PROPERTY LOCATION: 20 Bassett Road ASSESSORS MAP/PARCEL: Map 26. Parcel 60 SUBMITTED BY: Sarah F. Alger. P.C. 508-228-1118 SEE ATTACHED PAGES I certify the foregoing is a list of persons who are owners of abutting the 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 300 feet of the property line of owner's property, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139. Section 139-29D (2) #r .2, ;;<'0/0 ~ tfldM ASSESSOR'S OFFICE TOWN OF NANTUCKET ..... " 0\ Il III '" 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ " :oJ 3 ~ ~ ~ ~ ~ M t ~ ~ t 0 ... ~ ~ ~ ~ ~ m ~ ~ ~ ~ .... 2 a a a a i a 2 a a ft w o N " ~ N ~ m N 0 ~ 0 ~ ~ .. " " " " N " " N H N . . 0 ~ B . ~ NON ~ ~ ~ ~ ~ ~ 0 ~ ~ '" ~ ~ co ~ i ~ m rl ~ M .~ ~ N ~ N NON H " .. o 000 0 N Nom E< ~ ~ ~ ~ . ~ ~ ~ ~ ~ m ~ ! I &l ~ E< E< = E< E< 2 B BIB ~ B I ~ ~ ~ t' ~ ~ i ~ i I i II N " " OJ ~ llo .~ .... ... :II t!) ~~ m ~ E< a i tI) a ~ ~ H ~ HE-! ~~ ~ ~ i ~ : 8 ~ ~ " ~ ~ i ~ s ~ ~ I ~ ~ ~ 01 H 2 ~ B H .. m j 2 w 8 2 ~ . C 0 O'l P1 0 0 ~ 2 2 ~ N ~ 2 : : ~ ~ E< E< I m ~ ~ i ~ ~ ~ .. ! E< 2i I &: &: I 01 a a i I 1 M MOo: W ~ ~ a 0 i 8. ~ CD U ~ ~ ~ ! i i! i a · ~ a ~ .. ~ ~ i a ~ ~ ~ ~ : ~ .. ~ ~ ~ OJ ~~",Ilof;l~~...O:U S ~i~~~~~=~~ ~ '" '" a ~ 60.. j I~~!I~~~I~ .. ~ ... N ..... ... N .oJ 8 .oJ o O....It)\Q..,\Qcocn.... H "".""011 "'1tJ1t)W)1ll\C) '" .10 \D\O\OIQ\Q'DlD'Q'D'O Z N N ~ N N N N N N N ..... o N ..... ..... ..... .... Jam and Smudge Free printing Use Avery. TEMPLATE 5160Gl) Nantucket Conservation Foundation P.O. Box 13 Nantucket, MA 02554 Andres J. Recoder Isable Schiavi 34 Chelsea Park Gardens London, England SW3 6AB Robert W. Hillger, Trustee Ginrich Realty Trust 22 Ferry Rei. Newburyport, MA 01950 Nantucket Conservation Foundation P;O. Box 13 Nantucket, MA 02554 Andres J. Recoder Isable Schiavi 34 Chelsea Park Gardens London, England SW3 6AB Robert W. Hillger, Trustee Ginrich Realty Trust 22 Ferry Rd. Newburyport, MA 01950 e09LS eAHiJAY $ - www.avery.com 1-BOO-GO-AVERY - Daniel Haynes P.O. Box 1855 Nantucket, MA 02554 Robert G. & Eleanor J. Cook 9633 Accord Dr. Potomac, MD 20854 Patricia A. Casale Kevin Sharer - M&J Mgmt 1000 Lakeview Canyon Rei. Wesdake Village, CA 91362 Daniel Haynes P.O. Box 1855 Nantucket, MA 02554 Robert G. & EleanorJ. Cook 9633 Accord Dr. Potomac, MD 20854 Patricia A. Casale Kevin Sharer - M&J Mgmt 1000 Lakeview Canyon Rd. Wesdake Village, CA 91362 AIB^"-09-008-L wo)",{Ie^e.MN\M - - \i\ AVERYGlI 51608 David G. & Barbara B. Kaytes 30 Stanwich Road Greenwich, CT 06830 Michael G. Ryan, Trustee Quaise Realty Trust 8404 Parham Court McLean, VA 22102 David G. & Barbara B. Kaytes 30 Stanwich Road Greenwich, CT 06830 Michael G. Ryan, Trustee Quaise Realty Trust 8404 Parham Court McLean, VA 22102 eotl.S ~ 81 zesmm 8p!de.l eae.p,s , ~a efie.unoqllue uo!558.IdWI SARAH F. ALGER, P.C. TWO SOUTH WATER STREET NANTUCKET, MA 02554 PH. 508-228-1118 PAY TO THE ORDER OF Town of Nantucket NANTUCKET BANK 01 53-7013-2113 7/8/2010 $-300.00 Three Hundred and 00/100**********************************************************~ Town of Nantucket Town and County Building Broad and Federal Streets Nantucket, Massachusetts 02554 MEMO ZBA filing fee-Quaise Twenty Nominee Tr 11100 5 ~08111 I: 2 ~ ~ :170 ~ :I ~I: 4~('/.~~ Ii 0 ~ b 2 7 :1111 88 5108 til DOLLARS Ii "C ~ U .5 ~ ~ I l:- 1: il .. rJ) ... TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 i' . - 0 ::0 C/) "'l' rn -0 ~ ~ ;~"I ~ .- ::g ['V - N (/-~'\ ~~;;~ ,,;'C.. September 13, 2010 Date: To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 043-l0 Owner/Applicant: Sarah F. A1ger, Trustee of Quaise Twenty Nominee Trust, Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section l7 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) days. c6~Utt' ~ (;~) Edward S. Toole, Chair.man / 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 l39-30 (SPECIAL PERMITS); SECTION l39-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT S08-228-72lS. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 26, Parcel 60 Plan Book 8, Page 49 Lot Nos. 21-28, 30 20 Bassett Road Limited Use General - 3 Book 1233, Page 199 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, August 12, 2010, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of SARAH F. ALGER, TRUSTEE OF QUAISE TWENTY NOMINEE TRUST, of Two South Water Street, Nantucket, MA 02554, File No. 043-10: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33. A. (4) (alteration of preexisting, nonconforming structure) to allow the Applicant to pick up the structure and relocate it to a conforming location on the lot. As relocated, the structure shall meet all applicable front, rear, and side yard setback requirements and there will be no increase in ground cover or other zoning nonconformity. The locus is nonconforming as to area, having about 77, ISO square feet of land area, where minimum lot size is 120,000 square feet and as to ground cover, having a ground cover ratio of about 3.7% where 3% is the maximum ground cover ratio allowed. The site is located at 20 Bassett Road, is shown on Nantucket Tax Assessor's Map 26 as Parcel 60, is shown as Lot Nos 21-28 and 30 on Plan Book 8, Page 48, and title is recorded at the Nantucket County Registry of Deeds in Book 1233, Page 199. The site is zoned Limited Use General - 3. 3. Our accompanying received at decision is based upon the materials, and representations our public hearing. There was no application and and testimony Planning Board 1 recommendation, on the basis that no matters of planning concern were presented. One abutter spoke to the merits of the application at the hearing. 4. Attorney Sarah Alger represented the Applicant. Attorney Alger stated that the Applicant is requesting Special Permi t relief pursuant to Nantucket Zoning Bylaw Section 139- 33 .A. (4 ) (alteration of preexisting, nonconforming structure) to allow the Applicant to pick up the structure and relocate it to a conforming location on the Locus. As relocated on the Locus, the structure shall meet all applicable front, rear, and side yard setback requirements. Additionally, Attorney Alger informed the Board that there will be no increase in ground cover or other zoning nonconformity created by this relocation. The Locus is nonconforming as to lot size, having about 77,150 square feet in a zoning district that requires a minimum lot size of 120,000 square feet. The Locus is also nonconforming as to ground cover, having a ground cover ratio of about 3. 7 % in a zoning district where the maximum ground cover ratio is 3%. The Locus was in existence as of November 15, 1990 and, as a result, has the benefit of the LUG-1 intensity regulations until January 1, 2000, when the LUG-3 zoning requirements became applicable to lots of record in this area. The structures on the Locus were all built prior to January 1, 2000. It was noted that the Applicant also owns the property at 18 Bassett Road, which is separated from the Locus by West Quaise Road, which is an unconstructed road over which abutters to the north have extant rights of access. Attorney Alger stated that the Applicant is proposing to slightly rotate the structure and relocate it about thirty (30) feet to the west of its present location, as shown on the attached "Exhibit An to this decision. s. At the hearing, there was some discussion as to whether or not the structure, as presently sited, was nonconforming as to the applicable setbacks of the Limited Use General - 3 zoning district. An abutter, Mr. Bob Hillger, raised this issue for the Board to consider. Mr. Hillger also noted that he believed the structure could be left as presently sited and conform to the setbacks if the Applicant used Hollister Road for her front yard setback. However, as he is in favor of the intent of this application with respect to historic preservation of the structure, he expressed his support in moving the structure on the Locus. 2 6. Therefore, after a discussion with the Applicant and Counsel for the Applicant, the Board finds that such a Special Permi t may- be granted to alter the preexisting nonconforming structure because relocating the structure will eliminate the front yard setback intrusion and, with the support of the neighbor, the proposed relocation of the structure will not be substantially more detrimental to the neighborhood than the existing nonconformity. 7. Accordingly, by a unanimous vote of the sitting Board, the Board of Appeals made the finding that proposed alteration to the 'preexisting nonconforming structure will not be substantially more detrimental to the neighborhood than the existing nonconformity and subsequently allowed the alteration of the structure as shown on the plan entitled "Exhibit A Site Plan of Land to Accompany ZBA Application in Nantucket, MA", prepared by Blackwell and Associates, Inc., dated July 6, 2010. SIGNATURE PAGE TO FOLLOW 3 Dated: ~~ 1'3 , 2010 ~ttiCelll ~L. i.; Mark Poor COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. J.../!.L,201O .J1. i'J:l:l ~ day o~ 2010, before me, the ondersigoed Notary Public, persooally appeared ~ mUt{ , who is personally known to me, and who is the person whose "name is signed on the preceding or attached document, and who acknowledged to me that he/she signed it voluntarily for its stated purpose. 4~ . otary Pubfic: 'tn-f5SA . 1vf1f}Y.{ I My commission expires: MtvtAt i1,)./ ild ':} 4 flY> 26-46 N/F Andres J. Recorder & Isabelle Schiovi Cerl: 121554 Land Court Pion 37002- A 26-45 N/F Ouoise Twenly Nominee Trusl , I'llWIg ",VW'8 @ /VW" @ IVW'2 Jlik. f IVW,J @ IVW" Jlik. l,VW'5 \,10' UTILITY EASEMENT 130.00' HOWSTER (NOT CONSTRUCTED) 26-41 N/F Oovid G. Kayles & Barbaro B. Kayles 0: 430/231 P.F. 39-J JIIJaD flY> DENOTES EXISTING WElL ~y ....--. DENOTES WETLAND BOUNDARY AS FLAGGED . DENOTES CONCRETE MONUMENT roUND CURRENT ZONING CLASSIFICATION: Limited Use Generol 3 (L.U.G.-3) EXISTING: lAAP:26 PARCEL' 60 77,150 S.F.:1: SEE PLAN SEE PLAN SEE PLAN 3.7:1:% lAlNllAUlA LOT SIZE: 120.000 S.F. MINIMUM FRONTAGE: 200 n. FRONT YARD SETBACK: 35 FT. REAR/SIDE SETBACK: 20 FT. GROUND COVER % : 3% OWNER' S REFERENCE QUAISE TWENTY NOMINEE TRUST #20 BASSETT ROAD MAP 26. PARCEL 60 DEED BK, 1233. PG, 199 PLAN BOOK 8. PG, 29 LOTS 21, 22. 23. 24. 25. 26 27, 28 & 30 C:\SPF\PROJ\P80\86928\SITEPLAN 2.dwg 9/14/2009 !:lQIES: WELL AND SEPTIC SYSTEM INFORlAATION SHOWN HEREON IS BASED ON PLANS ON FILE AT THE NANTUCKET HEALTH DEPARTlAENT, WORK WITHIN 10Q-FEET OF THE WETLAND REOUIRES THE APPROVAL OF THE NANTUCKET CONSERVATION COlAMISSION \ \ \ \ \ \ \ -- '62.8\' LOT AREA=77,1S0:tS.F. 26-54.1 N/F Non lucket ConserllOtion Foundation, Inc. 0: 620/220 \ \ \ flY> 26-55.56 N/F Robert G. Cook & Eleanor J. Cook 0: 129/441 ROAD 26- 59 N/F Richord E. Hilger & Wginio K. H~lger, Tr. 0:405/189 I I ) / EXHIBIT A SITE PLAN OF LAND TO ACCOMPANY A Z.B.A. APPliCATION in Nantucket, MA Prepared For QUA/SE TWENTY NOJiINEE TRUST 20 BASSETT ROAD MAP 26 PARCEL 60 Scale: 1 "=50' July 6, 2010 SUCKULL and ASSOClA'l'ES, me. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET. MASS. 02554 (508) 228-9026 GRAPHIC SCALE I I I I 2S' SO' 100' 1S0' r- L_ " I 1 1 :43:08 AM EDT 0'