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Form 3 -89
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
April (v , 19 90
To: rarties in interest and others
concerned with the decision of the
Board of Appeals in Application No. 018- 90
of: ERNEST J. JAXTIMER, TRUSTEE OF TOM NEVERS REALTY TRUST
Enclosed is the decision of the Board of Appeals which has
this day been filed with the Nantucket Town Clerk.
An appeal from this decision may be taken pursuant to
Section 17 of Chapter 40A, Massachusetts General Laws.
Any action appealincj the decision must be brought by
filing a complaint in court within twenty (20) days after
this day's date. Notice of the action with a copy of the
'„_r'- - ' certified copy of the decision must be given
to the Town Clerk so as to be received within such twenty
(20) days.
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W m RSherman, Cirman
cc: Town Clerk
Planning Board
wilding Commissioner
L
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a Public Hearing held on March 30,
1990 at 1:00 p.m. in the Town and County Building, Nantucket,
Massachusetts, made the following decision upon the application
of ERNEST J. JAXTIMER, TRUSTEE of TOM NEVERS REALTY TRUST
(18 -90) of 48 Rosary Lane, Hyannis, Massachusetts 02601.
1. Applicant seeks a modification of VARIANCE NO. 65 -86 so
as to -allow him to increase the ground cover of the existing
single - family cottage on the premises in accordance with the
plan entitled "Proposed Addition for E.J. Jaxtimer" for Willard
Street, Natucket, MA, dated March 15, 1990. The premises are
located at 22 WILLARD STREET, ASSESSOR'S PARCEL 29 -79, Lot 2,
Plan Book 2, Page 23 at the Nantucket Registry of Deeds and
zoned RESIDENTIAL -l.
2. Our findings are based upon the Application papers,
correspondence, plans, representations and testimony received at
our '_earl_: on March 9, 1990 and March 30, 1990. We find that
the BOARD :_:-sued a Variance for the subject premises on July 21,
1986 (65 -86) which included the express condition that any
expansions or extension of the existing structure by an increase
in height or ground cover require(s) relief from the Board of
�NN�uis. r:.e
Applicant's lot contains approximately 2,182
Page One
square feet and the cottage on the lot has existing ground cover
of 510 square feet. Allowable ground cover for the Lot is 654
square feet. The Applicant has submitted a one (1) page plan
'Marc: 15, 1990 which shows a proposed first -floor bedroom
addition to the cottage of 140 square feet, together with a
proposed first floor, 204 square foot deck and chimney with a
base of 12.5 square feet. We note that "decks" are excluded
from the definition of "Ground Cover" set forth in Section 139 -2
�:. By -Law. The proposed addition to the cottage includes an
agr-., to ;_:..cease in ground cover of 152.5 square feet for a
total ground cover of 662.5 square feet. An abutter to the
premises expressed concern about construction of the addition
during the summer season and the Applicant has agreed to limit
any exterior construction to the period between September 15 and
3. We find further that the Applicant's proposed addition to
the cottage will be in harmony with the intent and purpose of
the By -Law and constitutes a reasonable modification of the
terms of the prior Variance (65 -86) on the express conditions
thU one pruN��ed�aditioth to the cottage be constructed in
substantial accordance with the March 15, 1990 one (1) page Plan
submitted by the Applicant and that all exterior construction of
the proposed addition occur between September 15 and June 15 of
any calendar year.
Page Two
4.For the reasons and upon the conditions set forth herein,
the BOARD, by unanimous vote, hereby GRANTS the requested
MODIFICATION TO VARIANCE NO. 65 -86 so as to allow the
construction of the proposed addition to the cottage at 22
Willard Street.
William R. Sherman
Linda F; Wi- lliams
V V
Mic h e-10 ' Marra
Aavid ,;ems ett
Peer Dooley
Dated: April /0 , 1990
Nantucket, MA
fill
NANTUCKET ZONIivG BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
February 20, 1990
NOTICE
A public hearing of the Board of Appeals will be held on
Friday, March 9, 1990, at 1:00 p.m.. in tho Town and County
Building, Federal ana Broad Streets, Nantuc,,,et, on the
Application of:
Ernest J. jaxtime�- TC:1_;'�E'.�:: ll,Nevers i? ^zlt' "rl] -t, o -:3?'. of
Appeals File No.
seeking a modification of i;he 65 -C6 Varianct2 granted in 1980 so
as to allow a fifteen (15 ±) sg113a re foot i zicre.at;e in ground r. ;cvf! i
and a second story add.i.tion to the e:�:isting cot.tag:� on
premises.
The premises are at 22 Willard U Pareel 2 ^`
Lot 2, Plan Book 19, Page 23 a•- t:hF fl2nf:ack t. R-: :,qist.ry of
and zoned Residential-I.
P
�,r:illi atrt R. Shern n,
Bole Form 1 -89
Owner's name(s):
Mailing address:
Applicant's name:
Mailing address:
NANTUCKET ZONING BOARD OF APPEALS 02/16/90
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554
CASE N0.017-qO
APPLICATION FOR RELIEF
TOM NEVERS REALTY TRUST
Gregory I. O'Neil and Ernest J. Jaxtimer, Trustees
24 Jeannes Path, Yarmouthpdrt, Massachusetts 02675
Ernest J. Jaxtimer
same
Location of lot: Assessor's map and parcel number 29 - 79
Street address: 22 Willard Street
AMgix tyKZ=dxXMXXP2=, Plan Bk & Pg or Plan File 19/23 Lot 2
Date lot acquired: _2_/_L5/ 86 Deed Ref 257,149 Zonipg district R -1
Uses on lot - commercial: None X or
MCD?
- number of: dwellings 1 duplex apartments rental rooms
Building date(s): all pre -8/72? yes or C of O?
Building Permit appl'n. Nos.
Case Nos. all BoA applications, xiawsuit= 65 -86 (Variance)
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 Vari.ancep 139 -30A X if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -31A
attach decision or order appealed. OK to attach addendum .
ii
I,.
The Applicant seeks a modification of the Variance (65 -86) so as to allow him to
increase the ground cover of the existing dwelling on Lot 2 by 15 square feet
and to construct a second story. See Addendum A annexed hereto. PI
Items enclosed as part of this Application: orderl addendum2 X
Locus map X Site plan showing present X +planned X "structures
Floor plans present X proposed X elevations X (HDC approved?yes)
Listings lot area x frontage x setbacks X GCR X parking data
Assessor- certifieU addressee i.st 4 sets x ma�'l ni g labels 2 sets_
200 fee payable to Town of Nantucket proof 'cap' covenant
(If an appeal, ask Town Clerk to sen�ldg Comr record to BoA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of pperjur .
ERIQEST J. TI y - is torney,
SIGNATURE: ME icant Attorney /agent X
evin F Daie, EsgPire
3(If not owner o owner's attorney, enclose proof of authority)
119
FOR non OFFICE USE :'''
ADDENDUM A
The applicant, Ernest J. Jaxtimer, owns a modest cottage at
22 Willard Street. The cottage has existed on the Lot for a
time prior to the effective date of the Nantucket Zoning By -Law,
July, 1972. The Lot contains approximately 2,182 square feet
and has approximately 52.64 square feet of frontage on Willard
Street. The Lot is undersized and does not conform to the
minimum 5,000 square foot lot size requirements for the
Residential -1 Zoning District. The pre - existing structure on
the premises has a ground cover of 510 square feet and is
non - conforming as to the ten (101) foot front yard setback
requirement
On July 21, 1986, this Board granted a Variance (65 -86)
which cured a technical defect in title arising out of the
division of one (1) parcel into three (3) undersized lots with
pre- existing dwellings on each. One lot included the subject
premises (Lot 2).
In Paragraph 5 of the Variance, this Board imposed a
condition which provided that ". . . any expansion or extension
. . . of the existing structures by an increase in height or
ground cover require relief the Board of Appeals."
The Applicant seeks such relief to increase the ground cover
of the existing structure by 15 square feet and to construct a
second story living area.
ccs #76
eco� 254 271
BOARD OF APPEALS .
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISIONt
The BOARD OF APPEALS, at a Public Nearing held on FRIDAY, JUNE
27, 198G at 100 p.m. in the Town and County Building, Nantucket made
the following Decision upon the Application of RONALD K. BAMBER (065 -86)
of Box 261 Nantucket, MA 02554.
1. This is an Application for a VARIANCE pursuant to SECTION
139 -32 requesting relief from SECTION 139 -1G (intensity regulations)
,3f the Zoning By -Law. The Applicant seeks a Variance to Cure a techni-
sal defect which arose when the subdivision of the original lot pursuant
:o the subdivision control law. created three (3) non - conforming, under -
tized lots.-under the Zoning By -Law. The premises owned by Applicant are
.ots 2 and 3 shown on Plan reco*d at Plan Book 19,.Page 23, located at
!0 and 22 WILLARD STREET, Assessor's Parcels 29 -078 and 29 -079 and are
coned RESIDENTIAL -1.
2. Based upon a review of the Application, supporting documents,
Clans and testimony, the Board finds that the property consists of two
mdersized lots which were created and sold off in 1975 by the Appli-
.ants predecessor in title. Sited on each lot are small single - family
swellings. The Applicant does not request any relief to alter or change
.he existing structures or uses. Applicant acquired the premises in
arly 1984 and just recently understood the significance of the lots'
on- conformity.
r.
3. Variance relief may be granted to remove an alleged defect in i
:arketability of title by a prior owner's subdivision of land into lots, i
one or more of which do not conform to the minimum lot size required in
.I !
section 139 -16A of the Zoning By -Law. The Planning Board's recommendation
s favorable, and no opposition was heard. i
4. The Board finds that the shape of the lots and the siting of
he buildings thereon, and the technical zoning violation which affects
� i
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gtc�� 254.PAcc272
` (065 -86) -2-
E
the marketability of title, do not generally affect the Residential -1
+ zoining district in which the property is located, and a literal en=
foreement of the By -Law would involve a substantial hardship to the Ap-
plicant and create non - marketable property. The desired relief may be
!' granted without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of
r j the By -Law. Separate ownership of the lots will result in the more con-
forming single dwelling unit per lot.
S. The�Board r however r, does impose ose a condition that any expan -
sion N
or extension of either of the existing structures by an increase
:.;. in height or ground cover require relief from the Board of Appeals. I;
6. For the reasons and upon the conditions set forth herein,
the Board, by UNANIMOUS voter hereby GRANTS the Applicant the requested
relief from SECTION 139 -16A (intensity regulations - minimum lot size) of
the Zoning By -Law by VARIANCE with respect to Lots 2 and 3 at 20 and 22
Willard Street, permitting said property to be marketable as the separ-
ate lots shown on Plan recorded at Plan Book 19, Page 23."
Dated: July 7-1 r' 1986
Nantucket, MA '02554 , 1
William R. Sherman
I ra.
Cf
Dorothy D. Vollans 1
CA0_"_. J
C. Mn shall Bea e
IC[RTIFYTIU1�OpAY SIIAVEEIAtS ..,'.+1; . • ,• ;
�RF1fgrHEOECIS10N: '<'. =... j
• f! � i WAS FILED W NANTUCKET COUNTY THE OFFICE OF THE TOWN lrlER!(ANp THAT . ' , � , ;' .� '
NOAPPEAE HAS BEEN FILED. PERSUANTTOGEN RAEUtWg !`; t. JCao0vod and Entered
i 40A• SECTION 11 NO, �1 /W, •oiz An
Aft*t LM
la 'tit ...' ._.:........_................. .......«. .. ....'.........
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254 P)270
:4=,: "'! 1? Cdvr "71FiE1CJDMN90NV1'NAI;TH
OF M ASSNCHUS1:TTS I `wr
Nantucket _ �� ({{Jybbnyy.
' yr � • s`�,
BOARD OF APPEALS
Date: July: 21 . 19 86
Certificate of Granting of Varian ceor6peciow4patu
(General Laws Chapter 40A, Section 11)
The Board of a r
ppeals of the City or Town of Nantucket
hereby certifies that it Varinncebr-Sprt zHft nj"&g been tranted
To RONAL0 K. BAMBF.R (065 -86)
Address Box 26
City or Town Nantucket
affecting the rights of the owner with respect to land or buildings at 20-22 Willard St.,
Lots 2.and 3 Plnn Book•19 r Page 23 i Assessor's Parcels 29 -078, 29.079,
And the said Board of Appeals further certifies that the decision attached hereto Is a true and
t? correct copy of Its decision granting said variance - -m�ge
t- permit, and that copies of sold
decision, and of all plans referred to in the decision, have been filed with the planning board and �•,
the city or town clerk.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws, + t
Chapter 40A, Section ,l I (last paragraph) provides that no variance i
.or any ex :. ��
tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the ,
certification of the town or city clerk that twenty days have elapsed after the decision has been . " • r
filed in the office of the �city or town clerk and no appeal has been filed or that, if such appeal has •.
been filed, that It has been dismissed or denied, Is recorded in the registry of deeds for the county
and• district in which the land Is located and indexed in the grantor Index under the name of the
owner of record or is recorded and noted on the owner's certificate of title. The fee for such recor-
ding or registering shall be paid by the owner or applicant.
AIR-
t'Ml,m�e 1'
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FORM 1614. ndbl ♦ "wA1101N -.1 NC
' l
EDWARD`JLEY VAUGHAN
KEVIN F. DALE
MELISSA D. PHILBRICK
RACHEL C. HOBART
HAND DELIVERY
VAUGHAN, DALE AND PHILBRICK
ATTORNEYS AT LAW
WHALER'S LANE
NANTUCKET, MASS 02554
TE0508) 228-4455
FAX:(508) 228 -3070
Ms. Linda Williams
Nantucket Board of Appeals
Chestnut Street
Nantucket, Massachusetts 02554
February 16, 1990
RE: Jaxtimer- Modification of Variance No. 65 -86
Dear Linda:
On behalf of my client, Ernest J. Jaxtimer, enclosed
herewith is an Application for Modification of Variance No.
65 -86 so as to allow a minimal increase in ground cover and the
construction of a single story on the property located at 22
Willard Street, Nantucket, Massachusetts 02554. I also enclose
a filing fee check in the sum of $200.00 made payable to the
"Town of Nantucket ", a site plan showing the existing °structure
on the Lot, a site plan showing the proposed increase in ground
cover, copies of building plans showing the floor plans and
elevations, Variance No. 65 -86 and an Addendum to the
Application which states specifically the relief my client seeks
from the Board of Appeals. I will deliver to you a certified
list of abutters, mailing labels and a notice early next week.
Please mark this matter for hearing on March 9, 1990 and
AK
Ms. Linda Williams
February 16, 1990
Page Two
call me if you require any additional information. Thank you
for your assistance.
Sincerely,
KFD /ccs
Enclosures
cc: Mr. Ernest J. Jaxtimer (w /enc)
Nantucket Planning Board (w /enc.)
Nantucket Building Inspector (w /enc.)
Nantucket Town Clerk (w /enc.)
Mr. Christopher Crosby (w /enc.)
BoA Form 1 -89
owner's name(s):
Mailing address:
NANTUCKET ZONING BOARD OF APPEALS 02/16/90
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554
CASE No. -
APPLICATION FOR RELIEF
TOM NEVERS REALTY TRUST
Gregory I. O'Neil ,and Ernest J. Jaxtimer, Trustees
24 Jeannes Path, Yarmouthport, Massachusetts 02675
Applicant's name: Ernest J. Jaxtimer
Mailing address:
Location of lot:
Street address:
same
Assessor's map and parcel number
22 Willard Street
29 - 79
qjj XZ=dX)=x C, Plan
Bk &
Pg or Plan
File 19/23 Lot 2
Date lot acquired: 15 86
Deed
Ref 257,149
Zonipg district R -1
Uses on lot - commercial: None X or
MCD?
number of: dwellings 1 duplex apartments rental rooms
Building date(s): all pre -8/72? yes or
Building Permit appl'n. Nos.
Case Nos. all BoA applications, xi it= 65 -86 (Variance)
C of 0?
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 Variancep 139 -3OA X if a Special Permit (and 139 -33A
if.to alter or extend a noncon- orming use). If appeal per 139 -31A
& B T , attach decision or order appealed. OK to attach addendum2.
i'
The Applicant seeks a modification of the Variance (65 -86) so as to allow him to
increase the ground cover of the existing dwelling on Lot 2 by 15 square feet
and to construct a second story. See Addendum A annexed hereto.
Items enclosed as part of this Application: orderl addendum2 X
Locus map X Site plan showing present X +planned X "structures
Vloorr plans present x proposed X elevations x (11DC approved?yes)
Listings lot area X frontage X setbacks x GCR�x parking data
Assessor- certifieddressee list 4 sets x ma�ling labels 2 sets_
Ua
200 fee payable to Town of Nantucket proof 'cap' covenant
(If -an. appeal, ask Town Clerk to senU--Bldg Com s record to BoA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
pehal't:ies of perj ur
ER EST J. TIME y is torney,
SIGNATURE•- icant Attorney /agent x
Kevin F Dale, hsqi1re
3(If not owner o owner's attorney, enclose proof of authority)
FOR BoA OFFICE USE
ADDENDUM A
The applicant, Ernest J. Jaxtimer, owns a modest cottage at
22 Willard Street. The cottage has existed on the Lot for a
time prior to the effective date of the Nantucket Zoning By -Law,
July, 1972. The Lot contains approximately 2,182 square feet
and has approximately 52.64 square feet of frontage on Willard
Street. The Lot is undersized and does not conform to the
minimum 5,000 square foot lot size requirements for the
Residential -1 Zoning District. The pre- existing structure on
the premises has a ground cover of 510 square feet and is
non - conforming as to the ten (101) foot front yard setback
requirement
On July 21, 1986, this Board granted a Variance (65 -86)
which cured a technical defect in title arising out of the
division of one (1) parcel into three (3) undersized lots with
pre- existing dwellings on each. One lot included the subject
premises (Lot 2).
In Paragraph 5 of the Variance, this Board imposed a
condition which provided that ". . . any expansion or extension
. . . of the existing structures by an increase in height or
ground cover require relief the Board of Appeals."
The Applicant seeks such relief to increase the ground cover
of the existing structure by 15 square feet and to construct a
second story living area.
ccs #76
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254 wE270
OF M ASSAcHu.,3t-,,rrS
'antucket
di
UVARD OF APPEALS
Date:
Certificate of Granting of Variance or 6PeCisN4Mk
(General l �%"Chaptcr40AScctIonII)
The Board oroppeals of the City or town or Nantucket
�'Y•T
1A
July; 21 ,1986
hereby certifies that a Variance'ar si-Ch, ftm"u been panted
To RONALD K.
•
Address Box 26
City orTown Nantucket
affecting the rights or the owner with respect to land or buildings at 20-22 Will
_.a_rd
Lots 2and 3, Plan Book 19, Page 23, Assessor's Parcels 29 -078, 29-079,
And the sald Board of Appeals further certifies that the decision attached hereto Is a true and
correct copy or Its decision granting said variance --jpctqaj_pc=It, and that copies of said
decision, and of all plans referred to In the decision, have been filed with the planning board and;,:'
the city or town clerk.
The Board of Appeals also calls to the attention or the owner or applicant that General Laws,
Chapter 40A, Section I I (last paragraph) provides that no variance or spocial-perm4, or any ex-
tension. modification or renewal thereof, shall take effect until a copy of the decision bearing the
certification or the town . or city clerk that twenty days have elapsed after the decision has been
filed in the office of the city or town clerk and no appeal has been riled or that, If such appeal has
been riled. that It has been dismissed or denied, is *recorded in the registry of deeds for the county
and district In which the land is located and indexed in the grantor Index under the name or the
owner of record or recorded and noted on the owner's certificate of title. The fee for such recor-
ding or registering shall be paid by the owner or applicant.
j
•
FORM INC"... ..too
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Mor 254 rALE271
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACOUSETCS 02554
)ECISIONt
The BOARD OF APPEALS, at a Public Nearing held on FRIDAY, JUNE
:7, 1986 at 1 :30 p.m. in the Town and County Building, Nantucket made
.he following Decision upon the Application of RONALD K. BAMBER (065 -86)
,f Box 26, Nantucket, MA 02554.
1. This is an Application for a VARIANCE pursuant to SECTION
39 -32 requesting relief from SECTION 139 -16 (intensity regulations)
f the Zoning By -Law. The Applicant seeks a Variance to cure a techni-
al defect which &rose when the subd;Asion of the original lot pursuant
o the subdivision control law. created three (3) non - conforming, under -
ized lots.•under the Zoning By -Law. The premises owned by Applicant are i
ots 2 and 3 shown on Plan recoxhd at Plan Book 19, .Page 239 located at
3 and 22 WILLARD STREET, Assessor's Parcels 29 -078 and 29 -079 and are
oned RESIDENTIAL -1.
2. Based upon a review of the Application, supporting documents,
tans and he Board finds that the !
y, property consists of two ;
idersized lots which were created and sold off in 1975 by the Appli-
:nts predecessor in title. Sited on each lot are small single - family
+ellings. The Applicant does not request any relief to alter or change
ae existing structures or uses. Applicant acquired the premises in l
irly 1984 and just recently understood the significance of the lots'
m- conformity.
3. Variance relief may be granted to remove an alleged defect in
trketability of title by a prior owner's subdivision of land into lots, i
ie or more of which do not conform to the minimum lot size required in (
?etion 139 -16A of the Zoning By -Law. The Planning Board's recommendation
i favorable, and no opposition was heard.
4. The Board finds that the shape of the lots and the siting of
it buildings thereon, and the technical zoning violation which affects
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the marketability of title# do not generally affect the Residential -1
zoining district in which the property is located, and a literal on=
forcement of the By -Law would involve a substantial hardship to the Ap-
plicant and create non - marketable property. The desired 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. Separate ownership of the lots will result in the more con- I
forming single dwelling unit per lot.
5. The ?Board, however, does impose a condition that any expan-
sion or extension of either of the existing structures by an increase
in height or ground cover require relief from the Board of Appeals.
6. For the reasons and upon the conditions set forth herein,
the Board, by UNANIMOUS vote, hereby GRANTS the Applicant the requested
relief from SECTION 139 -16A (intensity regulations - minimum lot size) of
the Zoning By -Law by VARIANCE with re
Willard Street, permitting said proper
ate lots shown on Plan "recorded at P1
Dated: July 11 j'1986
* Nantucket, MA '02554
�• +i,
. .:; "vi
%.
ICERTIFY111A1 �� • ��� '''
?sAAYS NAVE EIMS�AF1fg THE DECISION
WAS FILED W THE OFFICE OF THE TOWN CtEK AND NO APPEAL HAS BEEN FILED. PERSUANT 0 GE R4 �Yfg
40& SECTION 11 `
epect to Lots 2 and 3 at 20 and 22
t;
ty to be marketable as the separ- Y
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