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Home My WebLink About034-11 Quaise Twenty N. T. FEE: $300.00 NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET,MA 02554 ~~ if CASE NO. VJr APPLICATION FOR RELIEF Owner's name(s): Sarah F. A1e:er.as Trustee ofOuaise Twenty Nominee Trust Mailing address: Two South Water Street. Nantucket. Massachusetts 02554 Applicant's name(s): Same Mailing address Same . - -- 7J ~z ,; :E~r $ ,~ Assessor's MaplParc8l::':l.\fao ~ Parcel 60 "", W Plan Book & PagelPlan File No.: Plan Book 8. Pae:e 49 Lot Nos.: 21.22.23. 24. 25.1~6,27. 28 ~d 30 , .-'" Date lot acquired: 6/8/2010 Deed Ref.lCert. of Title: Book 1233. Pae:e 199 Zoning District: ~G3 , U1 Uses on Lot - Commercial: None l Yes (describe) Residential: Number of dwellings -1... Duplex No Apartments ~Rental Rooms No Building Date(s): All pre-date7172? No - one dwelline: and accessorv structure ore-dates 1972: one dwelline: built in 1995 C ofO(s)? Yes Building Permit No: 11539-94: 984-10: 124-11: 315-11 Previous Zoning Board Application Nos.: 043-10: 067-10 Locus address': 20 Bassett Road 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: Please see the attached addendum. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under he pains penal .es of perjury. SIGNATURE: Applicant Attorney/Agent X (If not owner or wner's atto ey, please en se 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:~~_ By: Waiver requested?: Granted:~~_ Hearing notice posted with Town Clerk:~~_ Mailed:~~_ I&M:~~_ & ~~_ Hearing(s) held on:---1_/_ Opened on:~~_ Continued to:~_/_ Withdrawn?:~~_ DECISION DUE BY:~~_ Made:_/_/_ Filed wlTown Clerk:~~_ Mailed:~~_ DECISION APPEALED?:_/_/_ SUPERIOR COURT: LAND COURT Form 4/03/03 Addendum The Applicant seeks a Special Permit pursuant to Nantucket Zoning By-law, (the "By-law") SI39-33, 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 demolishing and removing in its entirety the pre-existing non-conforming structure having ground cover of about 1,034 square feet pursuant to Certificate of Appropriateness No. #56512 issued by the Nantucket Historic District Commission (the "HDC"), and reconstructing a structure in approximately the same location on the Premises, having a slightly different footprint but having ground cover of about 1,032 square feet pursuant to Certificate of Appropriateness No. #56511 issued by the HDC. The reconstructed structure 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 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 or were altered and reconstructed pursuant to prior relief granted by this Board. See File Nos. 43~10 and 67-10. 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, Assessor's Map 26, Parcel 60, and is zoned LUG-3. c:i o o OD ... '" .... \..' flfAl.ffJ!![f C J![ jgJ! HAll&lIJ{)}l& 14 l.a. '.. ..lOll. :"10 11:" . \'\ UNIVDIITV Of IIUIAClIUUTTI 100a AC, . .+ f\~ .'11 !" . " ". .' ,.. o o o ;"W..' . 14 T.a All. lEGE D L ____DDI01'O ..TIII DIVI". UN. L ..m.. OMII'. LID AI __;- _X'IIAT&. OIIL" The To,- NAN' l\In - \. ~ "'. .: INPOIMATION SHOWN HEuoN WAS CClMPILED I'ROM AERIAL 1'HOIOGUoPHS. DEED$, AND PlANS Of RECClID AND Q NOT 10 IE :.J' \.- . ~ ....r'.: ....,:. -Town of Nantucket Web GIS - Printable Map Page 1 of 1 Town of Nantucket Web GIS 2854.1 o Prop ID Address Owner 2660 20 BASSETT RD FIRTH MARIA LEE & RODERICK JR FIRTH FAMILY REALTYTR NOT A LEGAL DOCUMENT Sale Date S81e Price Book/Page Lot Size 108 SPYGLASS LANE JUPITER, FL 33477 12/28/1990 $100 00357/203 1. 7 acres For general reference only: Important caveats which must be considered when using this data are availa~le from the Nantucket GIS Coordinator. Disdalmer The information displayed on this or any other map produced by The Town of Nantucket Is for reference purposes only. The Town of Nantucket does not guarantee the aCOJracy of the data. Users are responsible for determining the suitability for Individual needs. Alllnfonnation Is from the Town of Nantucket Geographic Information System (GIS) database. Town of Nantucket, Massachusetts Map Composed 5/16/2011 Copyright 2005 Town of Nantucket, MA. All rights reserved, Developed by AppGeo http://host.appgeo.comlnantucketmalPrintableMap.aspx?Preserve=Width&Map Width=409... .5/16/2011 1IIIIlID ...---. DENDmS rm.AND BOUNDARY . DENDmS CONCRm IlONUJIEIIr FOUND NOTE: STRUCTURE AREAS SHOWN ARE TO FOUNDATION CORNERS 26-46 N"f Andres J. Recorder IE Isabelle SchicM Cert: f215M land Court Plan 37002-A 148.83' 26-45 N"f ~ Twenty Nominee TroM 110' "'19 " ""8 .ilk. . IVW "An I.,.,t . ""2 .ilk. ""J @l "'" .... l ""5 ""/" HOWSTER (NOT CONSTRUCTED) ROAD CURRENT ZONING CLASSIFICATION: Limited Use General 3 (L.U.G.-3) 26-41 EXISTING: Da"d GN"fK wi .. MAP'26 ... OI'es.. PARCEL' 60 ~::~~yles 77 ,150 S.F.:l: ,P.F. 39-J SEE PlAN SEE PlAN SEE PLAN 3,7:l:% MINIMUM LOT SIZE: 120,000 S.F. MINIMUM FRONTAGE: 200 FT. FRONT YARD SETBACK: 35 FT, REAR/SIDE SETBACK: 20 FT, GROUND COVER % : 3% REF, SPECIAL PERMIT, BK,1248/173 REF. SPECIAL PERMIT, BK,1266/166 v: DRAWFILES 87269 Z8A 2.dw 5 14 2011 12:04:22 PM EDT r- L_ I 0' GRAPHIC SCALE I I 50' 100' I 25' --- '62.8" \ \ \ \ \ \ \ \ \ \ e \ \ CD \ \ \ \ I I I / I I // / / / / I I I I I I ! I " " ) I "~, \ '\ \ \ \ \ \ j 150' LOT AREA= 77 ,150f:S,F. PROPOSED STRUCTURE A= 1 ,032:i: SF STRUCl\JRE UNDER CONST. 44 7:i:S.F. "--. 26-54,1 N"f Nantucket eon-lian Foundation. Inc. 0: 620/220 " DrRR.'1l U..~ QUAlSE TWENTY NOWINEE TRUST SARAH F, ALGER, lRUSTEE 120 BASSETT ROAD NAP 26. PARCEL 60 DEED BK. 1233, PC. 199 PlAN BOOK 8, PC. 29 LOTS 21. 22. 23, 24. 25, 26 27, 28 '" 30 EXHlBIT A SITE PLAN OF LAND TO ACCOJIPANY A Z.B.A. APPUCATlON in Nantucket. AlA Prepared For QUMSE TBNTY NOJl/NB TRUST 20 BASSET! ROAD MAP 26 PARCEL 60 Scale: 1'"=50' May 14. 2011 ~"'~lM. ProfessUmal Lan4 Sv:rueyors 20 TEASDALE CIRCLE NANTUCKET. laSS, 02554 (508) 228 9026 j. ? ,/J(} TOWN OF NANTUCKET ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MAlTER 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 LOCA nON: 20 Bassett Road ASSESSORS MAP/P ARCEL: Map 26. Parcel 60 SUBMIlTED BY: Sarah F. Alger. P.C. 508-228-1118 SEE A TIACHED 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) (If!ar /0, c51tJ// / fJ~/~A ASSESSOR'S OFFICE TOWN OF NANTUCKET ~ II o i ii ii i i i. i i i ~ · ~ t t t ~ ~ t t ; I I I I I I ~ I = i ~liliAi2ii U ~N"CDNOI'~""" -- .... '" PI .... N .... .... ('It .... N ....a..I.....NO.. IIIIQC')" IIIV)OU1N 0. Ul...UlEUllD.......O oIfNNtOC"II NON....O at 0000 ONNOCft :: .. fl. ..!II~. ~ I I. : IlIhlll ! N I ' ! .... i t!I 5 i: i 81 ~:s~ iii:. la j HH!~ii!: I 14:: J a ~ g · i Ii j I IS 8 A A 0 I ' I H . ~ i i I ~ r ~! ~ r! ! ! !. ~ !1~ll!ldl. j li!lilaill .. B .... .. :J ....~=~:::;~::::~ 0. Jill to UI UltOUI"'''' "'tOtO Z N N N N N N N N N N .... ~ I1l P, ~ .... ~ N ... CD .... 0, N ...... \D .... ...... It) Jalll and.Sllludge Free Printing Use Ave'" TEMPLATE 51608 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 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 ""muc; ISl\.&.U:lAV \ii\ - www.avery.com 1-8OO-GO-AVERY - paniel Haynes ,P.O. Box 1855 !Nantucket, MA 02554 Robert G. & Eleanor J. Cook 9633 Accord Dr. Potornac,NUD 20854 Kevin W. Sharer, Trustee 788 Malcolm Ave. Los Angeles, CA 990024 panie1 Haynes : 1'.0, Box 1855 ,Nantucket, MA 02554 Robert G. & Eleanor]. Cook , 9633 Accord Dr. : Potornac,NUD 20854 Kevin W. Sharer, Trustee 788 Malcolm Ave. Los Angeles, CA 990024 AH3J\V-Og-oOS-~ ...ftlIIIft..~ la.Ba.. A.a. - ~ AVERV@ 5160. 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 GD99l.s:apeqe6 81 Z8SIIM ..n,I'IDI ..RDan=ac: D ua AliltnllllftllllR uolSSaJdWI BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 \,~ Date: July 15, 2011 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 034-11 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) days. ~' ~ ( ) ~ ~~ ~~ ~ ~~f~~ ~~ ~~~ Edward S. Toole, Chairman 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 508-228-7215. NANTUCKET ZONING BOARD OF 2 Fairgrounds Road Nantucket, Massachusetts Assessor's Map 26, Parcel 60 20 Bassett Road Limited Use General - 3 DECISION: APPEALS 02554 Plan Book 8, Page 49 Lot Nos. 21-28, 30 Book 1233, Page 199 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, June 9, 2011, 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. 034-11: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139-33.A.(9) (removing and replacing nonconforming ground cover) in order to demolish and remove in its entirety the preexisting, nonconforming structure having ground cover of approximately 1,034 square feet and reconstructing a structure in approximately the same location on the Locus, having ground cover of about 1,032 square feet. The reconstructed structure will meet all applicable 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 where the minimum lost size is 120,000 square feet, and to ground cover ratio, having a ground cover ratio of about 3.7o in a zoning district where the maximum allowable ground cover ratio is 30. 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 1 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 explained that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A.(9) in order to demolish and remove, in its entirety, the preexisting, nonconforming structure having ground cover of approximately 1,034 square feet. The reconstructed structure will be in approximately the same location as the Locus and will have ground cover of about 1,032 square feet. The reconstructed structure will meet all applicable setback requirements and there will be no increase in ground cover or other zoning nonconformity. The Locus is nonconforming as to square feet in a zoning district 120,000 square feet. The Locus ground cover ratio, having about 3.7o in a zoning district where cover is 30. lot size, having about 77,150 where the minimum lot size is is also nonconforming as to a ground cover ratio of about the maximum allowable ground 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 was in existence as of November 15, 1990 and, as a result, had 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. 5. Therefore, after a discussion with the Applicant and Counsel for the Applicant, the Board finds that such a Special Permit may be granted to demolish and reconstruct the preexisting nonconforming structure with a slightly different footprint because the structure, as so reconstructed, will meet all applicable front, rear, and side yard setback requirements and there will be a decrease in the ground cover. 2 7. Accordingly, by a unanimous vote of the sitting Board, the Board of Appeals made the finding that proposed demolition and reconstruction of the preexisting nonconforming structure will not be substantially more detrimental to the neighborhood than the existing nonconformities and granted the requested relief by Special Permit to allow the proposed work, all substantially as contemplated under Historic District Commission Certificates of Appropriateness Nos. 55238, 55337, 55670, 55783, 55784, 55837, and 56511, 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 May 14, 2011. SIGNATURE PAGE TO FOLLOW 3 Dated: ~'^ `~ , 2011 Kerim ose Li Bottic 1' f ichael Ange ast COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. ~ ~~ , 2011 On this ,~ day of ~~ , 2011, before me, the undersigned Notary Public, personally appeared ~~ ~•.~ ,who is personally known to me, and whS~is the person whose name is signed on the preceding or attached document, and who acknowledged to me that(ly6/she signed it voluntarily for its stated purpose. /~'~ `-a-nn-n-„~,,' Notary rU ~ lic: ~~ r }ry '~;.~~~°~~,~~~ ,,:,~; My commission expires: ~~~. ~ b~ ~r ., ud\ a 1~@ ~® D&MOTRS IIATLAND BOUNDARY ^ DENOTES CONCRETE YONUYENI' FOUND NOTE: STRUCTURE AREAS SHOWN ARE TO FOUNDATION CORNERS ~~ sa ~ti ~o oT ~~ ~~ 00 "~ 2d, G~, ~~ ~ ~~ O 0 2s~s '~ N Quaise Twenty Nominee Trust ~~ 2s~ N Andres J. Recorder & Isabelle Schiavi Cert: /21554 Land Court Plan 37002-A REMOVE CREENE PORCH GRAPHIC SCALE I 0' 25' 50' 100' 150' I ~~ r I 162.81' I - - I I 1 ~1 ~ 1 1 LOT AREA=77,150fS.F. ~ I I I I PROPOSED ____,~,iSTRUCTURE STRUCTURE UNDER CONST 447tS.F. ryto ~ . ~~w~9 nrxpe ,tl~ , O I rvw~i IVW "A" o ~~wr2 ~ J' W ivwM3 i o ~~w~. ~ I jp NwNS ivwMe Qi HOLLISTER 43.8't(p.) ~ ~ 60 SF ~~ t~ \ II I~ss; I~ ~10' UTILITY EASEMENT (NOT CONSTRUCTED) ROL'~J./ 1 26 CURRENT ZONING CLASSIFICATION: EXISTING: ~ N DaHd G. Kaytes dr Limited Use General 3 L.U.G.-3 MAp;2g Barbara B. Kaytes PARCEL: 60 D:430/231 MINIMUM LOT SIZE: 120,000 S.F. 77,150 S.F.t P.F. 39-J MINIMUM FRONTAGE: 200 FT. SEE PLAN FRONT YARD SETBACK: 35 FT. SEE PLAN REAR/SIDE SETBACK: 20 FT. SEE PLAN r - GROUND COVER % 39' 3.7t~ L REF. SPECIAL PERMIT, BK.1248/173 - REF. SPECIAL PERMIT, BK.1266/166 ~:\DRAWFILES\87269\ZBA_2.dwa 5/14/2011 12:04:22 PM EDT I I I 1 ~ I I ~~ J~ / ~ i~ ~~~ J I / ~ ~ / ~ A=1,032f SF I -DECK \ / REMOVE ' 1 STY / / W~F x\ DWELLING 1034fS.F. ~ / G~~pl \ g J ,~ G ,~~~ O~ I `~~ ~ 1 ~`~ I ~ ~~ I ~ ~ ~ 2 N~ .1 ~ Nantucket Conservation ~ Foundation, Inc. \ o: s2o/220 ~ ~ ~. I ` \ ~t1-55,56 A~ ~w \ ^A Robert 4!)F ~,S;I,~~'4„ J `~ ~. ' r ~~~,, , .~ ~ ~ ~ ~ ~~l't EXHIBIT A y l l t ., i j ~ ~~SITE PLAN OF LAND ``a ~ ~, . ~ -~ :, ? TO ACCOIIIPANY A ~~ ~`~ Z.B.A. APPLICATION - ~ d~s, ~ • ~ in Nantucket, dfA . 2s_ss'~,,.~,- r Prepared For "~ Richard E. Hilger dr QUa41SE TIIL~`NTI' Vrgini° K. Hllga, Tr. NOJ~i'JL'i TRUa~rT D:405/189 20 BASSETT ROAD n~~trrl¢'s lea~alaaitllcs MAP 26 PARCEL 60 QUAISE TWENTY NOMINEE TRUST SARAH F. ALGER, TRUSTEE Scale: 1 "=50' ~[ap 14, 2011 X20 BASSETT ROAD ~~~ ~d ~~~~ hIR MAP 26, PARCEL 60 PG. 199 DEED BK. 1233 Projessanal Land Suaveyors , PLAN BOOK 8, PG. 29 LOTS 21, 22, 23, 24, 25, 26 20 TEASDALE CIRCLE NANTUCKET, PASS. 02554 27. 28 & 30 (508) 228-9028 gj~ BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 \,~ Date: July 15, 2011 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 034-11 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) days. ~' ~ ( ) ~ ~~ ~~ ~ ~~f~~ ~~ ~~~ Edward S. Toole, Chairman 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 508-228-7215. NANTUCKET ZONING BOARD OF 2 Fairgrounds Road Nantucket, Massachusetts Assessor's Map 26, Parcel 60 20 Bassett Road Limited Use General - 3 DECISION: APPEALS 02554 Plan Book 8, Page 49 Lot Nos. 21-28, 30 Book 1233, Page 199 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, June 9, 2011, 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. 034-11: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139-33.A.(9) (removing and replacing nonconforming ground cover) in order to demolish and remove in its entirety the preexisting, nonconforming structure having ground cover of approximately 1,034 square feet and reconstructing a structure in approximately the same location on the Locus, having ground cover of about 1,032 square feet. The reconstructed structure will meet all applicable 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 where the minimum lost size is 120,000 square feet, and to ground cover ratio, having a ground cover ratio of about 3.7o in a zoning district where the maximum allowable ground cover ratio is 30. 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 1 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 explained that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A.(9) in order to demolish and remove, in its entirety, the preexisting, nonconforming structure having ground cover of approximately 1,034 square feet. The reconstructed structure will be in approximately the same location as the Locus and will have ground cover of about 1,032 square feet. The reconstructed structure will meet all applicable setback requirements and there will be no increase in ground cover or other zoning nonconformity. The Locus is nonconforming as to square feet in a zoning district 120,000 square feet. The Locus ground cover ratio, having about 3.7o in a zoning district where cover is 30. lot size, having about 77,150 where the minimum lot size is is also nonconforming as to a ground cover ratio of about the maximum allowable ground 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 was in existence as of November 15, 1990 and, as a result, had 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. 5. Therefore, after a discussion with the Applicant and Counsel for the Applicant, the Board finds that such a Special Permit may be granted to demolish and reconstruct the preexisting nonconforming structure with a slightly different footprint because the structure, as so reconstructed, will meet all applicable front, rear, and side yard setback requirements and there will be a decrease in the ground cover. 2 7. Accordingly, by a unanimous vote of the sitting Board, the Board of Appeals made the finding that proposed demolition and reconstruction of the preexisting nonconforming structure will not be substantially more detrimental to the neighborhood than the existing nonconformities and granted the requested relief by Special Permit to allow the proposed work, all substantially as contemplated under Historic District Commission Certificates of Appropriateness Nos. 55238, 55337, 55670, 55783, 55784, 55837, and 56511, 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 May 14, 2011. SIGNATURE PAGE TO FOLLOW 3 Dated: ~'^ `~ , 2011 Kerim ose Li Bottic 1' f ichael Ange ast COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. ~ ~~ , 2011 On this ,~ day of ~~ , 2011, before me, the undersigned Notary Public, personally appeared ~~ ~•.~ ,who is personally known to me, and whS~is the person whose name is signed on the preceding or attached document, and who acknowledged to me that(ly6/she signed it voluntarily for its stated purpose. /~'~ `-a-nn-n-„~,,' Notary rU ~ lic: ~~ r }ry '~;.~~~°~~,~~~ ,,:,~; My commission expires: ~~~. ~ b~ ~r ., ud\ a 1~@ ~® D&MOTRS IIATLAND BOUNDARY ^ DENOTES CONCRETE YONUYENI' FOUND NOTE: STRUCTURE AREAS SHOWN ARE TO FOUNDATION CORNERS ~~ sa ~ti ~o oT ~~ ~~ 00 "~ 2d, G~, ~~ ~ ~~ O 0 2s~s '~ N Quaise Twenty Nominee Trust ~~ 2s~ N Andres J. Recorder & Isabelle Schiavi Cert: /21554 Land Court Plan 37002-A REMOVE CREENE PORCH GRAPHIC SCALE I 0' 25' 50' 100' 150' I ~~ r I 162.81' I - - I I 1 ~1 ~ 1 1 LOT AREA=77,150fS.F. ~ I I I I PROPOSED ____,~,iSTRUCTURE STRUCTURE UNDER CONST 447tS.F. ryto ~ . ~~w~9 nrxpe ,tl~ , O I rvw~i IVW "A" o ~~wr2 ~ J' W ivwM3 i o ~~w~. ~ I jp NwNS ivwMe Qi HOLLISTER 43.8't(p.) ~ ~ 60 SF ~~ t~ \ II I~ss; I~ ~10' UTILITY EASEMENT (NOT CONSTRUCTED) ROL'~J./ 1 26 CURRENT ZONING CLASSIFICATION: EXISTING: ~ N DaHd G. Kaytes dr Limited Use General 3 L.U.G.-3 MAp;2g Barbara B. Kaytes PARCEL: 60 D:430/231 MINIMUM LOT SIZE: 120,000 S.F. 77,150 S.F.t P.F. 39-J MINIMUM FRONTAGE: 200 FT. SEE PLAN FRONT YARD SETBACK: 35 FT. SEE PLAN REAR/SIDE SETBACK: 20 FT. SEE PLAN r - GROUND COVER % 39' 3.7t~ L REF. SPECIAL PERMIT, BK.1248/173 - REF. SPECIAL PERMIT, BK.1266/166 ~:\DRAWFILES\87269\ZBA_2.dwa 5/14/2011 12:04:22 PM EDT I I I 1 ~ I I ~~ J~ / ~ i~ ~~~ J I / ~ ~ / ~ A=1,032f SF I -DECK \ / REMOVE ' 1 STY / / W~F x\ DWELLING 1034fS.F. ~ / G~~pl \ g J ,~ G ,~~~ O~ I `~~ ~ 1 ~`~ I ~ ~~ I ~ ~ ~ 2 N~ .1 ~ Nantucket Conservation ~ Foundation, Inc. \ o: s2o/220 ~ ~ ~. I ` \ ~t1-55,56 A~ ~w \ ^A Robert 4!)F ~,S;I,~~'4„ J `~ ~. ' r ~~~,, , .~ ~ ~ ~ ~ ~~l't EXHIBIT A y l l t ., i j ~ ~~SITE PLAN OF LAND ``a ~ ~, . ~ -~ :, ? TO ACCOIIIPANY A ~~ ~`~ Z.B.A. APPLICATION - ~ d~s, ~ • ~ in Nantucket, dfA . 2s_ss'~,,.~,- r Prepared For "~ Richard E. Hilger dr QUa41SE TIIL~`NTI' Vrgini° K. Hllga, Tr. NOJ~i'JL'i TRUa~rT D:405/189 20 BASSETT ROAD n~~trrl¢'s lea~alaaitllcs MAP 26 PARCEL 60 QUAISE TWENTY NOMINEE TRUST SARAH F. ALGER, TRUSTEE Scale: 1 "=50' ~[ap 14, 2011 X20 BASSETT ROAD ~~~ ~d ~~~~ hIR MAP 26, PARCEL 60 PG. 199 DEED BK. 1233 Projessanal Land Suaveyors , PLAN BOOK 8, PG. 29 LOTS 21, 22, 23, 24, 25, 26 20 TEASDALE CIRCLE NANTUCKET, PASS. 02554 27. 28 & 30 (508) 228-9028 gj~