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Home My WebLink About067-10 Quaise Twenty Nominee Trst ~_...--- NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE NO. It 7'" Lv FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Sarah F. Ale: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: MaD 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: 6/812010 Deed Ref.lCert. of Title: Book 1233. Pae:e 199 Zoning District: LUG3 Uses on Lot - Commercial: None ....x.. 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 Dre-dates 1972: one dwelline: built in 1995 C ofO(s)? Yes Building Permit No: 11539-94 Previous Zoning Board Application Nos.: 043-10 State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: - o ::0 ~:;;r.: o J-"7 :IE -r z. ~:... ;'l~\ ~ Please see the attached addendum. (1 :~.~ ,..-:. < , ....... 1'1 - -J -0 N ~ 0\ I certify that the information contained herein is substantially complete and true to the best of my knowledge, under th pains and penalties of perjury. Applicant Attorney/Agent X , please enclose proof of agency to bring this matter before the Board) FOR ZBA OFFICE USE Application received on:~_I_ By: Complete: Need copies?: Filed with Town Clerk:_/~_ Planning Board:~_I_ Building Dept.:~_I_ By: Fee deposited with Town Treasurer:~_I_ By: Waiver requested?:_Granted:~~_ Hearing notice posted with Town Clerk:_1 ~ _ Mailed:-1_I_ I&M:_I_I_ & _I ~_ Hearing(s) held on:_/~_ Opened on:~~_ Continued to:_/~_ Withdrawn?:~_I_ DECISION DUE BY:-1~_ Made:_I_I_ Filed wIT own Clerk:_I-1_ Mailed:~_I_ DECISION APPEALED?:_I_I_ SUPERIOR COURT: LAND COURT Form 4/03/03 SIGNATURE: (If not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 (the "By-law") S139-33, and specifically By-law S139-33.A. (9), to alter pre-existing non-conforming structures on a pre-existing non-conforming lot, where the pre-existing structures exceed the allowable ground cover under the By-Law, by (a) removing and reconstructing a portion of the dwelling that was permitted to be picked up and relocated upon the premises in File No. 043-10, which portion is a screened porch to be raised and reconstructed in its new location pursuant to Certificate of Appropriateness No. #55337 issued by the Nantucket Historic District Commission (the "HDC"); and (b) demolishing and removing in its entirety the existing garage and reconstructing a garage with the same ground cover in the current location of the existing garage on the premises, all in accordance with plans to be approved by the HDC. The structures, as so altered and reconstructed will meet all applicable front, rear, and side yard setback requirements, and there will be no increase in ground cover or other zoning nonconformity. In addition, the Applicant seeks a modification of the decision issued by the Board in File No. 043-10 to clarify that such relief was intended to include relief under By-law S139-33.A. (9) to the extent such relief was necessary. 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-l 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. if;, ci o o OIl N '" 1&I '-., HAlflfJrIUClK jgJ! HAl!&J$((})!& I. ..1 AD. . '" .,. AC. .... ",Jo . \'\ UNIYUIITY Of "A..ACHUIETTI 10,0 AD. "+ f\~ ,v !" . "- ", 0' " ci o o h',.' DATE MIca The To,- NAN' 1\In , , ~ ". .: INPORMATION SHOWN HEREON WAS COMPILED FROM AERIAL 1'HOIOGRAl'HS, DE8l5. AND I'I.ANS Of RfCOtlO AND IS NOT 10 BE ~ 20 Bassett Road - Map 26, Parcel 60 , , 2854.1 2658 168 ...---. DENOTES rE'ltAND BOUNDARY . DENOTES CONCREfE 1I0NUJlENr FOUND 26-46 Nil' Andres J. Recorder '" lsobelle SdlicM Cert: '21554 Land Court Plan 37002-A I 0' I 2S' GRAPHIC SCALE I I SO' 100' I 1S0' \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I I I I I I / / - MINIMUM LOT SIZE: 120,000 S,F, MINIMUM FRONTAGE: 200 FT, FRONT YARD SETBACK: 35 FT. REAR/SIDE SETBACK: 20 FT. GROUND COVER ~ : 3~ , 62.81' LOT AREA=77,1S0:i:S.F. 26-45 Nil' Quoise Twenty Nominee Trust "0' PROPOSED MI'S " MI" BASEMENT ACCESS .tIk. @ IVW "A" I MI,' @ MI'2 Jill.. 1-'3 @) MI" Jill.. l MI'S 26-54.1 Nil' Nontucket Conservation Founclotion. Inc. 0:620/220 CURRENT ZONING ClASSIFICATION: Limited Use General 3 (L.U,G,-3) 26-41 Nil' Oo..;d G. Koytes '" EXISTING: Botb<ro 8, Koytes MAP:26 0:430/231 PARCEL: 60 P,F. 39-J 77 ,150 S,F.:l: SEE PLAN SEE PLAN SEE PLAN 3,7:l:~ I I ) / orNnl"S U"~6 QUAlSE TWENTY NOMINEE TRUST 120 BASSETT ROAD t.tAP 26, PARCEL 60 DEED BK. 1233. PC. 199 PLAN BOOK 8. PG. 29 LOTS 21. 22. 23. 24, 25. 26 27. 28 '" 30 EXHIBIT A SITE PLAN OF LAND TO ACCOMPANY A Z.B.A. APPLICATION in Nantucket, J(A Prepared For QUAISE TrfENTY NOJl1NEE TRUST 20 BASSETT ROAD MAP 26 PARCEL 60 Scale; 1"=50' July 6, 2010 Revised: October 29, 2010 1l1.M:KBU ...4S'SOt:WI'8. 1M. Professilnwll 1A.nd SvrveyM'S 20 TEASDALE CIRCLE NANTUCKET, MASS. 02~4. (508) 228-9026 11'1269 MI'~ HOWSTER (NOT CONSTRUCTED) ROAD r- L_ \. --If (P, 00 TOWN OF NANTUCKET ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MATIER OF THE PETITION OF PROPERTY OWNER: Sarah F. Alger. as Trustee of O~ise Twent;)' Nominee Trust MAILING ADDRESS: 2 South Water Street. Nantucket. Massachusetts 02554 PROPERTY LOCATION: 20 Bassett Road ASSESSORS MAP/P ARCEL: Map 26. Parcel 60 SUBMITTED BY: Sarah F. Alger. P,C, 508-228-1118 SEE AITACHED PAGES RECEIVED SOAAo OF ASsESSORS OCT 2 7 2010 TOWN OF NANTuCKET, MA 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) & d. .JJ; ;?a/o /akAUtl~ XSSESSOR'S OFFICE TOWN OF NANTUCKET 8 i ilHiliililliliii o :U: I: I: I: 1/1 I: :U: I: H ~ 1/1 1/1 1/1 1/1 = ~ = III i 2aaaa~a2aa ~ ~N""C>>NOr--all1" P4 ..........." N.... .... C'i .... N M Gl 01 III t>. "" "" 0 "" I "" "" NO"" 111 M')'" 111 an It1 0 111 N Q. 111 111 CD lI1i 111 CD"" ca 0 ... ......... ..0....0 N 0000 ONNOCft &1 ~~f:l~ .~!il~~~ i I co : 1IIIIIu ! .. . j ~ ... .. i t!) ~ co ~ ~ I< I ~ , III ~ M~. co!J II: ~ ~ ~B . ~ m : I i ~ i iii; II j ~~!~!~;!!! I< I J a j ! 8 ~ I · h- ~ ; i~~sl< i !i ~ i ~ I! i ! !Iijiqili j I!~!IIB~~I I< I ! ~ ~ = rJ ~i .. ~ '" '" M ... en ... ~ ... ~ rf~~~::~:g:::;~ 9 ta"'''''''\D\DUJ\Q\DlD iNN N N N N N N ("II N o N ..... CD N ..... o M Impression antibourrage et a sechage rapide Utilisez Ie gabarit 5160e ; Nantucket Conservation Foundation P.O. Box 13 Nantucket, MA 02554 Andres]. Recoder Isable Schiavi 34 Chelsea Park Gardens London, England SW3 6AB Robert W. Hillger, Trustee Ginrich Realty Trust 22 Ferry Rd. Newburyport, MA 01950 Nantucket Conservation Foundation P.O. Box 13 Nantucket, MA 02554 Andres]. Recoder Isable Schiavi 34 Chelsea Park Gardens London, England SW3 6AB Robert W. Hillger, Trustee Ginrich Realty Trust , 22 Ferry Rd. Newburyport, MA 01950 ....nQLC 1lI\ ....JJI=:IAW \\i\ - www.avery.com 1-80o-GQ-AVERY - Daniel Haynes : P.O. Box 1855 ; Nantucket, MA 02554 Robert G. & Eleanor]. Cook 9633 Accord Dr. Potomac,1flJ 20854 Kevin W. Sharer, Trustee 788 Malcolm Ave. Los Angeles, CA 990024 . Daniel Haynes P.O. Box 1855 Nantucket, MA 02554 Robert G. & Eleanor]. Cook I 9633 Accord Dr. . i Potomac, 1flJ 20854 Kevin W. Sharer, Trustee 788 Malcolm Ave. Los Angeles, CA 990024 AHMV-og-oog-1. - ..._....1'._._..... .. ~ AVERY@ 5160e 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 II I Michael G. Ryan, Trustee Quaise Realty Trust 8404 Parham Court , McLean, VA 22102 QD09I.S llYldrtaJ. elJ8AV asn R.........-.I~.. aAft.....r ""'D ..IDr 1181014/ D7-D5 l s: O~ m -l :zJ"( s: :r ~a 0 ca CD ~~ ~ :I: m 5' ZaJ-I-l c: ~o~~ ::I co a. ~ it e-8.::I::I ca CD 00)0)0 a. en "::1::1- 0) ::I ~)I. OJ 9!.a.a.Z ::I 0 0) - 0) a. - zo~ ... en s:"TlO::l 0 Z ~~en tn O)CDge- 52 0) 0 CD en a.::I 0 ::I J: o::z: ::; tn ~~" ...... - ~o~-n 0 0) 0) CD 0 c.:t. ;:0 o-OJ- 0 0 ~~ ~;. 1I1 0 .. " 0) :rcnc: .. CD n.J c: --. .. - ~~~ r- Oo tncaa: .. i - .. .... :u G) m: 9!. ::i" .. I ~ .. ~2~ !II I tnenCO .. .. I ... .. -. 0 .. ~m;' .. I\.) .. ..iC' 01 .. !!J. .. 01 : P n.J ~ .. - : .. .. - .. ~ : .. -.J .. .. 0 .. .. .. - : ~ .. .. r- .. - i .. .. .. .. OJ .. .. .. OJ : .. .. .. ..c .. .. 0 .. .. i .. .. .. ~ I ~~ ~!!I .. ~I .. .. : tl)~ I 0 ... : .. .. .. .. I 69 .. ...... : cJ ...... 0 .... .. 0 ...... : a i\) .. 0 0 ..... .0 c .0 C1I r- ~ f\) !Ii ...... en Co) SecurlIy Fealllreolncluded. Eb DetalIa on back. .J TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December 27, 2010 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 067-10 Owner/Applicant: SARAH F. ALGER, 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 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 y,s. 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 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, December 9, 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. 067-10: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A. (9) (alteration of preexisting nonconforming structure - ground cover) in order to alter the preexisting nonconforming structures on the Locus. 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 and the Locus is nonconforming as to ground cover, having a ground cover ratio of 3.7% in a zoning district where the maximum ground cover ratio is 3%. The Applicant proposes to remove and reconstruct a portion of the dwelling pursuant to Historic District Commission Certificate of Appropriateness No. 55337 and to demolish and remove in its entirety the existing garage and to then reconstruct a garage with the same ground cover in the current location of the existing garage. The portion of the dwelling that will be removed and reconstructed will be a screened porch that will be raised, also pursuant to Historic District Commission Certificate of Appropriateness No. 55337. All structures, as so altered and reconstructed, will meet all applicable front, rear, and side yard setback requirements and there will be no increase in ground cover of other zoning nonconformity. The Locus is situated at 20 Bassett Road, is shown on Nantucket Tax Assessor's Map 26 as 1 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 decision is based upon the application and accompanying materials, representations, and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. No abutter comment was received in favor of or in opposition to the application. 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.9 (removal and reconstruction of structures exceeding allowable ground cover on Locus) to alter the preexisting nonconforming structures on the Locus. The preexisting nonconforming structures presently exceed the allowable ground cover on the Locus, and the Applicant proposes to remove and reconstruct a portion of the dwelling that was permitted to be picked up and relocated upon the Locus in File No. 043-10, which portion is a screened porch to be raised and reconstructed in its new location pursuant to HOC Certificate of Appropriateness No. 55337. Attorney Alger also informed the Board that the Applicant proposes to demolish and remove in its entirety the existing garage and reconstruct a garage with the same ground cover in the current location of the existing garage on the Locus. The structures, as so altered and reconstructed will 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 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, had the benefit of the LUG-l 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. 5. Therefore, after Counsel for the Applicant, Permi t may be granted to a discussion with the Applicant and the Board finds that such a Special remove and reconstruct part of the 2 preexisting nonconforming structure and to demolish and remove in its entirety the existing garage and then reconstruct a garage with the same ground cover in the current location of the existing garage, because the structures, as so altered, will meet all applicable front, rear, and side yard setback requirements and there will be no increase in ground cover or other zoning nonconformity. 7. Accordingly, by a unanimous vote of the sitting Board, the Board of Appeals made the finding that proposed removal and reconstruction of part of the preexisting nonconforming structure and the demolition and reconstruction of the garage will not be substantially more detrimental to the neighborhood than the existing nonconformities and granted the requested relief by Special Permit to allow the alteration of the structure and the demolition and reconstruction of the garage, all substantially as contemplated under Historic District Commission Certificates of Appropriateness Nos. 55238, 55337, 55670, 55783, 55784, and 55837, , as the same may be amended, and 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 and revised October 29, 2010. SIGNATURE PAGE TO FOLLOW 3 Dated: c..kLt~_4 ,2011 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. Ja..n (p, 2011 \ / O,n this day oJ!U120ll, before me, the undersigned Notary Public, personally appeared )<..e r L..m 5 ~ , 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 "It'I'L~ ~ A'. 168 ----... DENOTES rE'ltAND BOUNDARY . DENOTES CONCREfE 1I0NUJlENr FOUND 26- 46 N/F Andres J, Recorder '" Isabelle Schiavi Cert '21554 Land Court PIon 37002 A I 0' I 25' GRAPHIC I 50' SCALE I 100' I 150' - 162.81' LOT AREA=77,150:!:S.F. ! 26-45 Nil' Quaise Twenty Nominee Trust "d' PROPOSED 'VWlg " MIlS BASEMENT ACCESS :ilk. @ IVW "An I Mil' @ MlI2 >i!I.. 1-,3 @ Mil' >i!I.. 1_,5 26-54,1 Nil' Nantucket Conservation Foundotion, Inc. 0: 620/220 \ \ \ CURRENT ZONING CLASSIFICATION: Limited Use General 3 (L.U.G.-3) EXISTING: MAP:26 PARCEL: 60 77,150 S.F.:t: SEE PLAN SEE PLAN SEE PLAN 3. H% 26-41 Nil' David G. Kaytes '" Barbaro B, Kaytes 0: 430/231 P,F. 39-J I I ) I or_R'S U'~UNC~ OUAlSE TWENTY NOMINEE TRUST 120 BASSETT ROAD MAP 26, PARCEL 60 DEED BK. 1233, PG. 199 PL.AN BOOK 8. PG. 29 LOTS 21, 22. 23. 24. 25, 26 27, 28 & 30 EXHIBIT A SITE PLAN OF LAND TO ACCOMPANY A Z.B.A. APPLICATION in Nantucket, MA Prepared For QUAISE TWENTY NOJIJNEE TRUST 20 BASSETT ROAD MAP 26 PARCEL 60 Scale: 1"=50' July 6, 2010 Revised: October 29. 2010 IJUCKUU, -.cI ABBOCUnS, 1u. Profession4/. La.nd. SUnJeyors 20 TEASDALE CIRCLE NANTUCKET, J/ASS. 02~1.'289 (508) 228-9026 Jj'f. -,~ 'C 10' lmUlY EASEMENT 130.00 HOLLISTER (NOT CONSTRUCTED) ROAD MINIMUM LOT SIZE: 120,000 S.F. MINIMUM FRONTAGE: 200 FT. FRONT YARD SETBACK: 35 FT. REAR/SIDE SETBACK: 20 FT, GROUND COVER % : 3% r- L_ "\