HomeMy WebLinkAbout076-91cn -7 & - 4�'/
ZONING BOARD OF APPEALS
14 South Water Street
Nantucket, Mass. 02554
Robert J. Leichter, Chairman Spencer M. Cowan, Jr.
Linda F. Williams, Vice Chainnan Zoning Board Administrator
Ann Balas, Clerk Telephone (508) 228 -7215
To: Parties in Interest and Others concerned with the Decision
of the BOARD OF APPEALS in the Application of the following:
Application No. 976 -91
Owner /Applicant: CAROLINE WEYMAR
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed in 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 court within TWENTY (20) days after this day's date.
Notice of the action with a copy of the Complaint and a certified
copy of the Decision must be given to the Town Clerk so as to be
received within such TWENTY (20) days
Date:
RobertrT.lLeichter, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Mass. 02554
Map 49 -0 -0 76 Baxter Road, Siasconset
Parcels 42 & 43 370/293
R -2
At a Public Hearing of the ZONING BOARD OF APPEALS held at
1:00 P.M., Friday, December 13, 1991, in the Town and County
Building, Broad Street, Nantucket, Massachusetts, on the
Application of CAROLINE WEYMAR, of 80 Westcott Road, Princeton,
N. J. 08540, Board of Appeals -File No. 076 -91, the Board made the
following Decision:
1. Applicant is seeking a Finding and /or Special Permit under
§139 -33A of the Zoning Bylaw to allow an addition of 268± S.F. to
a dwelling said to be pre- existing and nonconforming as to front
and side /rear yard setback. The addition will not further
encroach on any setback. In addition, Applicant is seeking a
finding under §139 -33A that a change in use of a part of the
existing structure will not be substantially more detrimental to
the neighborhood than the present use. The present use of that
part of the structure is as an attached garage; the proposed use
is residential, as part of the entire existing dwelling. The
premises are located at 3 BAYBERRY LANE and 76 BAXTER ROAD,
SIASCONSET, Assessor's Map 49, parcels 42 & 43, as shown in Plan
Book 4, page 46, Lots 52 & 53. The property is zoned R -2.
2. The Decision is based upon the Application and materials
submitted therewith, the testimony and evide4nce presented at the
hearing, and a favorable recommendation from the Planning Board.
3. Applicant presented evidence that the structure presently on
the lot pre -dates the enactment of zoning and encroaches on the
required front yard setbacks on both east and south sides. The
proposed change in use applies to the existing garage, which is
within the southerly front yard, being 13.6± feet from the lot
line, and which applicant proposes to change to dwelling use (as
part of the-existing dwelling) and the proposed addition is at
the front setback line on that side, possibly just within or just
outside of the setback area, behind the existing garage.
4. The Board finds that the proposed addition will not make the
nonconforming distance more nonconforming and that the proposed
alteration and change in use will not be substantially more
detrimental to the neighborhood than the existing structure and
use.
5. By unanimous vote (Leichter, Williams, Balas, O'Mara, and
Mitchell in favor) the Board GRANTS the relief requested by
Special Permit to allow alteration of the existing structure
Application No. 076 -91
Decision
substantially in conformity with the plans submitted to the Board
and to allow the change in use as s fied.
Date:—
Aobe J. Leichter
Linda F. Williams
Mic e1 O'Mara
E
Ann Balas
C�Ck K'
Kate Mitc ell
ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Mass. 02554
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held at
1:00 P.M., Friday, December 13, 1991, in the Town and County
Building, Broad Street, Nantucket, Massachusetts, on the
Application of:
CAROLINE WEYMAR
Board of Appeals File No. 076 -91
Applicant is seeking a Finding and /or Special Permit under
§139 -33A of the Zoning Bylaw to allow an addition of 268± S.F. to
a dwelling said to be pre- existing and nonconforming as to front
and side /rear yard setback. The addition will not further
encroach on any setback. In addition, Applicant is seeking a
finding under §139 -33A that a change in use of a part of the
existing structure will not be substantially more detrimental to
the neighborhood than the present use. The present use of that
part of the structure is as an attached garage; the proposed use
is residential, as part of the entire existing dwelling.
The premises are located at 3 BAYBERRY LANE and 76 BAXTER
ROAD, SIASCONSET, Assessor's Map 49, parcels 42 & 43, as shown in
Plan Book 4, page 46, Lots 52 & 53. The property is zoned R -2.
C
Robert J. 4icifter, Chairman
_ �'G'GZIL-
BoA Form 1 -II9 NANTUCKET ZONING IIo3 ►IiD OF APP);RL:3
TOWN A14D COUN'T'Y BUII.DIIv'G Date
1Z-,NTUC ZT, 11A 02554
tlPPi1zC71TIO14 FOIL RiliZ -1 k'
owner's name(s): ra- `)r="t
,Sailing address: � 0 �����c-T'r �, PR ��`- �"�'`� �y� 0��`��
Applicant's name: 0-rwz, 2
Mailing address: go �OY ���� �\ A'�s L .���` p"2 SZ-6y
Location of lot: Assessor's map and parcel number Lkok- L-\2
Street address: �
Registry Land Ct Plan, Plan Bk & Pg or Plan file Li Lot- -,52 r5 3
2
Date lot acquired: �� "�� Deed Ref�Q �i3 7oning dl.strict a
Uses on lot - commercial: None +! or S)wGA- A �r 14CD? N -v
- number of: dwellincis 1 duplex, apartments rental rooms_
Building date(s): all pre -8/72? '✓or C of 0 ?_
Building Permit appl'n. Nos. \Q0N G
Case Nos. all BoA applications, lawsuits:' &je
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 Variance, 139 -30A if a special Permit (and 139 -33A
if to alter or extend a nonco IfOrming use) . If ap; ?euJ. per 139 -3�A
&B _ , attach decision or orderl appealed. OK to attach addendum .
Items enclosed as part of this Application: order) aClc}endum2
Locus map V! Site plan —showing present � +planned ✓ structures
Floor plats presenter proposed ✓elevations v (11DC approved ?! —)
Listings lot area ✓frontage ',sctbacks_ / GCR ✓ parking data ✓
Assessot- certifies addressee list 4 sets ,imalliig labels 2
51200 fee payable to Town of Nantucket C/ proof j,--'cap' covenant
(If an' appeal, ask Town Clerk to send Bldg Comrls record to BoA.)
I certify that the requested information submitted is substantially
complete and tru he best- of my knowledge, under the pains and
penalties of pe
SIGNATURE: Applicant- ✓At y /agent '!
3(If not owner or owner's attorney, enclose proof of authority)"
Foil B OFFICE, USE
Application copies r.ec 'd: 4 or� for BoA on-L/ q/ by /
One copy filed with Town Clerk on_jl/R/j by complete' ?,,
One copy each to Planning Bd and Building DepVL /�2/ / byL�CXJ
$200 fee check given Town Treasurer on-41/211?Z by waived?
Hearing notice posted_ f mailed .9/,�2/ I & M,� ?j LL, f j ✓��
Hearin on cont'd to withdrawn?
Decision due by_/_/_ made��_ filed TC_/_/_ mailed__/__/_
See related cases_ lawsuits: _ , otic, /����
ADDENDUM A
Applicant is seeking a Finding and /or Special Permit under
§139 -33A of the Zoning Bylaw to allow an addition of 268± S.F. to
a dwelling said to be pre- existing and nonconforming as to front
and side /rear yard setback. The addition will not further
encroach on any setback. In addition, Applicant is seeking a
finding under §139 -33A that a change in use of a part of the
existing structure will not be substantially more detrimental to
the neighborhood than the present use. The present use of that
part of the structure is as an attached garage; the proposed use
is residential, as part of the entire existing dwelling.
Certificate No. p /
Date Issued: /T) e7l
APPLICATION TO THE HISTORIC DISTRICT COMMISSION
Nantucket, Massachusetts for 11/17-/ qj
CERTIFICATE OF APPROPRIATENESS - STRUCTURAL WORK ' An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 Acts and Resolves of
Massachusetts, 1970 proposed work as described below, and on plans, drawings and photographs accompanying this appli-
cation. This is a contractual agreement Fill out in ink.
TAX MAP NO. 49 PARCEL NO.��-�
OWNER OF RECORD �j1�D(A�TE. '
ROME ADDRESS: Vi 0- —1— NO.: LatA4 4-
ADDR S� VOt I
NAME AND ADDRESS OF A?�.,�� TEL. NO.:o��'
All drawings submitted must be of #" scale and will be retained by this office. Tr
DES
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DETAI
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COLOR
DWELLING_ ADDITION_ GARAGE_ COMMERCIAL- RAZING or DEMOLITION_
HISTORIC RE TORATION PAVING STEPS FENCE GATE OTHER
IZE OF STR• !T R Length Z2 aidth Square Footage
rIFFERENCE DECK OOY� Size
BETWEEN EXISTING GRADE AND FINISH/ GRADE:
HEIGHT OF RIDGE ABOVE FINISH GRADE: N, Z3l 3 `' E. W.
/-
1, Foundation: Height Exposed Con. Elk. Blk. parged Brick t YP. e
.2. Chimney: Block parged' Brick Type
3. Wood Garage Doors Wood Louvers
�4P .
4. �S ylight: (Flat Only) Type '��+�e
o u ,i e O
u r
5.
f Pitch: Dormer 1• d" , —
_ Pitch Other 1 nd D
!Ae£tli� fro tf1Qt
—if Material: Asphalt Wood Other 4DDr tuts ry1
�. 4l w
f
no
#J,"ut ader Material 6V1 Of Jj' Size
Coh
tter Material LI Sise � .. &I_A4i.04 I V1
scia. Size JX G Soffit Overhang yy J Rakeboard size }Q Cornerboard Size.
1 _
ewall: White Cedar Shingles_ x Clapboard Other
i'1"' W dow style: Double hung_ Crankout muntins� o Snap -in Grills
f i
12. Dor type: Front yt Rea�Ct h,4�_ �,/�
Sidewall 'Roofing '� Doors
Trim Foundation Fence
Sash Shutters Deck
Received by HDC office
VALID FOR 12 MONTHS FROM DATE OF ISSUANCE. MAY BE RE W.
APPLICATION.
APPROVED y
COMMEN
%AA W—W
ttr
IG TUR OF O F RE D
1'
D. NO STRUCTURE MAY DIFFER FROM THE APPROVED
EDWARD FOLEY VAUow
KEVrN F. DALE
MMISSA D. PHY BMCK
RAG= C. ROBAgT
Susmi Jobzs TO:r'ER
VAUGHAN, }ALE AND PHiLBETCK
ArroRNEYs AT i.a.W
P.O. Boa e89
IVXj x. r r 'S LANx
NANTUCM, KV% 02364
TEL' (608) 2284456
PSC 15001280.0010
October 29, 1991
Zoning Board of Appeals
Nantucket Town and County Building
South Water Street
Nantucket, MA 02554
Dear Members of the Zoning Board of Appeals:
This letter will serve to advise you that J.
.Gwynne Thorsen s authorized to act on behalf of
Caroline and Helmut Weymar.
Ve T ly yours,
EFVlpgm
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OIIIT C LAIM DEED
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The Foundation of the University of North Carolina at Charlotte,lnc., c/o U.N.C. Charlotte,
of $375,000.00 paid, grants to Caroline S.
4'
Charlotte, North Carolina, 28223, for consideration
Weymar, of 79 Baxter Road, Siasco set, Massachusetts, 02564, Trustee of Baxter Realty Trust
1 at the Nantucket District
* .
under Declaration of Trust dated and recorded
Registry of Deeds in Book3:]D Page ` with Quitclaim Covenants, the land with buildings
thereon situated at 76 zter Road and 3 Bayberry Lane, respectively, in the
and improvements
Village of Sinsconset, Nantucket Town and County. Commonwealth of M.tcsachuscits, and
bounded and described as follows:
-
t
EASTERLY by Atlantic Road a/k/a Baxter Road, about one hundred fifty (150. feet;
SOUTHERLY by Bayberry Lane, about one - hundred thirty (I30 ±) fat; - - -
t
WESTERLY by land now or formerly of Hubert M. Ricks, about one hundred fifty
(150.f) feet; and
NORTHERLY by Lot Fifty- Four (54) on plan hereinafter referred to, about one hundred
thirty (130..±) feet.
Being shown as Lots Fifty- Two (52) and Fifty Three (53) on Plan of the division of the land
of the hein of William J. Flagg recorded in Plan Book 4 , Page 46 at the Nantucket Registry
of Deeds.
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