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Home My WebLink About032-85TONVIN OF NANTUCKET ►3r� 1N BOARD OF APPEALS �gPORaT..•�' NANTUCKET, MASSACHUSETTS 02554 May 16, 1985 Re: PETER V. REID (032 -85) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. Q` JJ- 0 , o S' A M. Alaq�- 411� William R. Sherman, Chairman BOARD OF APPF'ALS TO1ti'N OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS at a Public Hearing held on FRIDAY, MAY 3, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, rendered the following decision in the Application of PETER V. REID (032 -85). 1. This is an Application for a VARIANCE from Zoning By -Law SECTION 4A 1.b(2) (secondary dwelling- codified as 139- 7A(2)(b)) made applicable in the RESIDENTIAL -2 zoning district by Section 4B 1.a (codified as Section 139 -8A (1)) and also for a VARIANCE from SECTION 5.1 (ground cover - codified as Section 139 -16A). The premises, located at 20 BAXTER ROAD, SIASCONSET, Lot 36 and 37, Assessor's Map 49.2.3, are zoned RESIDENTIAL -2. 2. The Applicant's representative noted that the principal dwelling was located before zoning on Lot 37j of about 17,500 SF. The garage behind it, non- conforming with respect to rear lot line setback, also pre -dated zoning. Thier combined ground cover is only 23 SF short of the total al- lowed for the site, severely limiting the footprint of a secondary dwelling, absent relief by variance. Additionally, a secondary dwelling of the 732 SF footprint proposed by Applicant could not be located on the site in re- lation to the principal dwelling and required lot line setbacks without variance relief. Applicant has elected a siting closer than the required 12 feet spacing in front of or behind the principal dwelling. 3. We are reminded that the severe constraints upon Applicant date from the 1984 re- zoning from R -1 to R -2. A hardship is faced to forego a secondary dwelling or relocate the principal dwelling. [�e are not per- suaded, however, that this is a hardship of the type required for grant of a variance under. By -1,aw Section 7H (codified as Section 139 -32). Alter- native of a garage apartment was noted. 4. The Planning Board has recommended our favorable action after reviewing Applicant's proposal pursuant to his submission under Sec- tion 4A l.b(7) (codified as 139 -7A (2) (g)). Reasons are not ziver.. 5. Counsel representing an abuttor noted close proximity of abuttor's existing structure to the proposed siting and objected to grant of a var- iance. From a viewing, it appeared that a secondary dwelling, sited as proposed, would also be discordant with the existing openness of grounds surrounding large main houses in the neighborhood. 6. Accordingly, we are unable to find that the requested relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By -Law. 7. Upon motion made and seconded to grant the requested VARIANCE, no affirmative vote was cast. Relief is UNANIMOUSLY DENIED. Dated: May 16, 1985 Nantucket, MA 02554 `0 William R. Sherman Dorothy D. Vollans C. Mar hall Beale 1 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MAY 3, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of PETER V. REID (032 -85) seeking a VARIANCE under SECTION 4A 1.(2) (secondary dwelling) as applied through 4B 1.(a) (permitted uses) and under SECTION 5 (ground cover ratio) of the Zoning By -Law. If granted, the Applicant would be allowed to construct a second- ary dwelling less than the required 12 feet from the princiapl dwelling that would also exceed the allowable ground cover by 500 square feet. The premises are located at 20 BAXTER ROAD, LOT 36 and 37, ASSESSOR'S MAP 49.2.3 and is zoned RESIDENTIAL -2. nl�� ct'� '-/' �-� Andrew J.,Leddy Acting Chairman BOARD OF APPEALS AB -1 FEE $100.00 Case No. Z APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusetts To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the (ZONING BY -LAW) (BUILDING CODE) on property described below: Location of Property 20 Baxter Road Assessor Map Lot No. 36 $ 37 FjjWkkq-_ 49.2.3 _ District is Zoned for R -2 Type of structure (Existing or proposed) or proposed use: Dwelling Owner's Name Peter y. Reid Owner's Address 875 Rt. 206 No., Bridgewater, New Jersey 08807 When did you acquire this property? 1959 Has application been filed at Building Department? No Has any previous appeal been made•? No Section of By -law or Code from which relief is requested: Section 4A 1. (2.) as applied through 4B 1. a. and Section 5 - (ground cover ratio) u` ng I jCL M tQ Reason for asking relief: The design and placement of the existing house and lot, both of which pre -date zoning, prohibit strict compliance in any way with the Building Department's current interpretation of Section 4A 1.(2.). The recent change of zoning from R -1 to R -2 in April 1984 would limit a second dwelling to 232 sq.ft. to comply with the new ground cover restrictions. Strict compliance with the zoning by -law would deprive the applicant of an allowable use,tantamount to a taking and �an— obvious hardship. 16 k0AAL a� r - - a - By Their Attorney, atu of applicant S L, r ., �� /� �� Richard J. Glidden ATTAC 1) A l t of the names and addresses of each abutting owner and owner abutting the abutters. ti /00.06 (2) Check in the amount of $66:89 made payable to the Town of Nantucket. (3) Map or plan showing the location of the property to be considered. i (4) If the applicant is other than the owner, please indicate your authority to make;this application. BOARD' S DECISION Application submitted to Board Advertising dates ,- Hearing date —,� Decision of Board _ Decision filed with the Town Clerk LANO OFr:- CARD L_Y" H. R E 1 0 AUG (;2, 1 959 SCALE (BARRF-T'r, eN60R. tVATALIE P WIODOWS C.8 C. / -33.58' 0 64 cl V) "q LLI AREA 7, S50 O c. (3. N 7s C AN TIC PLAN At-IcNoro JULY .rC3 Siqovj PARCEL CONVEYED (3,,r 1-4A).4L-01J -ro 0 Jost^" .5• I i i TC',71V CF RTADTTUCKFT I -oard cf appeals L.ist ; parties in interest in the matter of the petition of: atr,e: Peter V. Reid 'ddr? >s: 875 Rt. 206 No., Brideewater NJ 08807 Property adc ess: 20 Baxter Road, Si; sconset LOCUS 49.2.3- 036/037 49.2.3 -12 Perry, W. Malcolm $ Mary c/o Langner, Parry etc. 10 Columbis Circle New York, NY 10019 -14 Platt, William V. $ Yvonne B. North Beach Road Hobe Sound, FL 33455 -15 Glazier, Phillip A. c/o Mrs. Patricia Kreis Laurel Road Essex, CT 06426 -16 Westbrook, Daryl A. 61 Allwood Road Darien, CT 06820 -17 Vaughan, James N. Alan C. & Edward F. 15 Fair Street Nantucket, MA 02554 -18 Bruning, Paul C. $ Valerie 47 Ripley Hill Road Concord, MA 01742 -19 Black, Keith L. Box 1S8 Siasconset, MA 02564 -19.1 Hunter, William F. $ Farlow, Juliet C 15 South Water Street Nantucket „MA 02554 -20 Parkinson, John S. $ Deborah F. 1730 West Circle Drive Martinsville, NJ 08836 -33 Zecher, Peter $ Mary Jane 224 Glenwood Road Ridgewood, NJ 07450 -35 Wilson, Walter C. 1610 Bank of the S.W. Bldg. 910 Travis Street Houston, TX 77002 -40 McNeill, Duncan et al 483 Prince Albert Ave. Westmont, H3Y2P7 Quebec, Canada -42 Widdoes, William P. 4 Barbara L. Life Estate to Natalie 8 Dunmoyle Place Pittsburg, PA 15217 -44 Margaret W. Greene Trust -54 P. 0. Box 96 Siasconset, MA 02564 49 -9 Town of Nantucket 49.2.3 -9 Ritchie, Eleanor P. 34 Kalaroma Circle Washington, DC 20008 -10 Sloan, George $ Robin M. Old Country Road Francestown, NH 03043 -11 Parry, W. Malcolm F, Mary c/o Langner, Parry, etc; 10 Coluumbis Circle New York, NY 10019 [ C— `Y Y the foregoing is a list of persons who are owners of land abutting Via: er ", 1rd owners of land directly opposite the propert�� on any street or way, d ov,;:ers of land within 3 ^,0 feet of the ,)roperty, cell ::= they appear on the most ;Cent r•plicahle TAX list. Page 1 of 2 i'ow:. of Nanwcl� at TC'� /N CF NANTUCKET ' oard of Appeals J List of parties in interest in the matter of the petition of: am e: Peter V. Reid 7 Address: 875 Rt. 206 No. Bridgewater NJ 08807 Property address. 20 Baxter Road, Siasconset 49.2.3 -23.1 Roosevelt, Jonathan & Jae B. through 1211 Connecticut Avenue, N.W. -23.5 Washington, DC 20036 -45 Lathrop, John G. The Brooks School 1160 Great Pond Road N. Andover, MA 01845 -32 Churchill, Mary Elizabeth -53 121 Bryker San Antonio, TX 78209 -39 Overlock, Frances Forst 114 Country Club Road New Canaan, CT 06840 73.1.4 -45 Strasenburgh, John B. $ Ada A. P. 0. Box 6336 Lawrenceville, NJ 08648 -16 Westbrook, Daryl A. 61 Allwood Road Darien, CT 06820 I ce; ify the foregoing is a list of persons who are owners of land abutting the rop: -r I.y ind owners of land directly opposite the property on any street or way. .::d ow ne _-s of land within 900 feet of the property, all as they appear on the most rccert a` ?livable TAX list. I e aaQC 9Y8e Jr /I -,� /r r�a7f� Town of Nantucket Page 2 of 2