HomeMy WebLinkAbout005-94TOWN OF NANTUCKET
D r _5 �
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: u a r y 14 r 1994
To: Parties in Interest and.Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.. 005 -94
Owner /Applicant:
NICOLE S. BARR, CONTRACT PURCHASER
" AND THE ESTATE OF PAUL E. GILDEHAUS, JR., PAUL E.
GILDEHAUS, III., EXECUTOR
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 an complaint in 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.
.7V
v
Linda F. Williams, Vice hairman
cc: Town Clerk
Planning Board
Building Commissioner
NANTUCKET BOARD OF APPEALS
10 South Beach Street
Nantucket, Massachusetts 02554
Map 49 40 Baxter Road, Siasconset
Parcel 63 Deed reference: Book 115, Page 542
Zoning District: R -2 Plan Book 5, Page 2, Lot 6
Decision:
At a public hearing of the Board of Appeals held at 1:00
P.M., Friday, January 7, 1994, in the Town and County Building,
Broad Street, Nantucket, Massachusetts, on the application of
NICOLE S. BARR (contract purchaser), upon property owned by the
Estate of PAUL E. GILDEHAUS, JR., PAUL E. GILDEHAUS III,
Executor, c/o Reade & Alger Professional Corporation, Post Office
Box 2669, Nantucket, Massachusetts 02584, Board of Appeals File
No. 005 -94, the Board made the following Decision:
1. The applicant is seeking relief by Special Permit on
the basis of a finding under Nantucket Zoning By -law Section
139 -33.A, in order to allow the authorization and expansion of a
dwelling said to be nonconforming with present zoning
requirements. The lot is undersized, containing about 11,250
square feet; 20,000 square feet are required in this zoning
district. The existing single - family dwelling, as shown upon the
plot plan by Charles W. Hart & Associates, Inc., dated November
22, 1993, a reduced copy of which is attached hereto as Exhibit
A, is situated 6.2 feet from the southerly boundary of the lot,
and about 6 feet from the northerly lot boundary; 10 feet of side
yard setback is required. The subject property (the "Locus ") is
situated at 40 Baxter Road, Siasconset, is approximately shown on
Assessor's Map 49 as Parcel 63, is shown upon plan recorded with
Nantucket Deeds in Plan Book 5, Page 2, as Lot 6, and is zoned
as RESIDENTIAL -2.
2. This Decision is based upon the application and
materials submitted with it,, and the testimony and evidence
presented at the hearing. The Planning Board made no
recommendation. There was no opposition presented to us.
3. The Board finds that the existing dwelling's
nonconformities with the side yard setback requirement of ten
feet pre -exist the 1984 amendment to the Nantucket Zoning By -law
which imposed this setback requirement. Accordingly, the subject
application is governed by the rules set forth in Goldhirsh v.
McNair, 32 Mass. App. 455. We must first determine whether the
proposed alteration of the pre- existing, nonconforming
single - family dwelling . will intensify existing zoning
nonconformities and, if so, whether this intensification will
result in substantially more detriment to the neighborhood than
the existing nonconforming conditions upon the Locus.
4. As presented to us at the public hearing, the applicant
5C
proposes to alter the existing dwelling by placing a new
foundation under it, and by adding a second story to a portion of
the dwelling (including a portion lying within the required
ten -foot side yard setback from the southerly property line). A
proposed addition, referred to in the application, is no longer
contemplated, and the awlic nt wi hd e er request for relief
in connection therewith. " "v�, °ae� prZsed work will all be
performed within the "footprint" of the existing dwelling.
5. The applicant agreed, at the time of our public hearing,
to the following conditions to the granting of relief:
(a) The ridge height of the structure at its highest
point shall not exceed 25 feet above mean grade level, measured
in accordance with the By -law;
(b) The work to be performed shall be in substantial
conformity with the drawings presented by the applicant at the
public hearing, a reduced copy of which is attached hereto as
Exhibit B; and
(c) No further alteration to the structure upon the
Locus shall be made without further relief from this Board.
6. On the basis of the materials presented, and subject
to the foregoing conditions, the Board found, by unanimous vote
of all five members sitting (Balas, Williams, Leichter, Hourihan,
and Sevrens), that the proposed alteration does constitute an
intensification of the existing zoning nonconformity, in that the
alteration will entail in part the upward expansion of the
existing dwelling within the setback area, and that this
alteration, if constructed in conformity with the foregoing
conditions, will not be substantially more detrimental to the
neighborhood than the existing nonconforming struct
Accordingly, by unanimous vote, we granted the special permit ur
the alteration of the _ s,ing -Le - family dwelling upon the Locus as
per the plans attached hereto as Exhibit B, subject, however, to
the conditions set forth in Paragraph B hereof.
Dated: , 1994 An Balas
RECEIVE i11' ams
NANTUCKET, CKETK MA OFFICE 02554 t ; 6 . , Y/
JAN 141994 Ro erE Leichter
TIM
/" William P. Houri n
CLE K:
ancy J. Uelvreds
-2-
(e;w3R /harrnic )
Zoning Board of Appeals
South Beach Street
Nantucket, Mass. 02554
NOTICE
A Public Hearing of the ZONING BOARD OF APPEALS will be held
at 1:00 P.M., Friday, January 7, 1994, in the Town and County
Building, Broad Street, Nantucket, Massachusetts, on the
Application of:
PAUL E. GILDEHAUS, III, AS EXECUTOR FOR THE ESTATE OF PAUL E.
GILDEHAUS, JR., OWNER, AND NICOLE S. BA =R, CONTRACT PURCHASER,
Board of Appeals File No. 005 -94
Applicant seeks relief by Special Permit under Nantucket
Zoning By -Law §139 -33A in order to remodel and expand their single
family dwelling. The dwelling, a said to be a pre- existing
nonconforming structure, is located 6.2± feet from the southerly
side lot line at its closest point, and 6± feet from the northerly
side lot line at its closest point, in a district that requires a
10 foot side yard setback. Applicant proposes to do extensive
foundation work under the dwelling, and add a second floor addition
over the southerly end of the house which will come no closer to
the side yard lot line than the existing structure. Applicant
further proposes to construct a 15± square foot addition to the
dwelling outside of the required setbacks and within the allowable
groundcover ratio.
The premises are located at 40 BAXTER ROAD, Siasconset,
Assessor's map 49, parcel 63, as shown in Plan Book 5, page 2, Lot
6. The property is zoned RESIDENTIAL -2.
Dale W. Waine, Chairman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. FOR ASSISTANCE CALL
(508) 228 - 7215.
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BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 12 /08/93
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554 1�1 d 11
CASE No. - 93
APPLICATION FOR RELIEF
/Paul E. Gildehaus, III, as Executor of the Estate of
owner's name(s): Paul E.-Gildehaus', Jr., Nantucket Probate No. 93P- 0031 -FE
/ c/o Reade & Alger Professional Corporation, Six Young's Way,
Mailing address: P.SL�t.nffi[a Rng 9FiF9, Nantu�kg Maser has x07.584
Applicant's name: Nicole S. Barr
c o• ea a ger Proressionai Corporation, Six Young's Way,
Mailing address: / Post Office Box 2669, Nantucket, Massachusetts 02584
Location of lot:- AssaSsor's map and parcel number 49 - 63
Street address: 40 Baxter Road,'.Siasconset
Registry rand, Gt nl al , Plan Bk & Pg Gir Plan F1 i 5/2 Lot 6
Date lot acquired: 013 52 Deed Ref 115,241* Zoning district R -2
Uses on lot - commercial: None X or N/A MCD? Nc
- number of: dwellings 1 . duplex 0 apartments 0 rental rooms 0
Building date(s): all pre -8/72? Yes or N/A C of 0 ?N A
.Building Permit appl'n. Nos. None
*See also Book 333/95 and Nantucket
Case Nos. all BoA applicatioris, laWsuits: None Probate Nos. 92P- 0010 -FE and
State fully all zoning relief _sougght and respective Code sections /93P- 0031 -F
and subsections, specifically what•you propose compared to present
and what grounds you urge for.BoA to make'-each finding per Section
139 -32A NLA if Variance, 139 -30A N /Aif a Special Permit .(and 139 -33A
X if to alter or extend a noncom oMing use). If appeal per 139 -3i1.
& B N1A', attach decision or .order appealed. OK to attach addendum .
Please see attached addendum.
Items enclosed as part of this Application: orderl N/A addendum2 x
Locus map Site plan•x showing present x .+pla-nn--e7 No structures
Floor plans present proposed No No (HDC aapproved ?No)
Listings lot area Lrontage setbacks GCR �— parking data x
Assessor- certified addressee list 4 sets �majling labels 2 sets-7
51200 fee payable to Town. of Nantucket x proof N/A 'cap' covenantNT
(If an appeals ask Town'Clerk to send-Bldg Comr s. record to BoA-.F
I certify that the.requested information submitted is substantially
complete-and true to the best of my knowledge,' under the pains and
penalties oP erj r .
SIGNATURE: Applicant No Attorney /agent _X_
3(If not ner or owner's attorney, enclose proof of authority)
FOR BoA OFFICE USE
Application copies recd: 4.�,,/ Or_ for BoA on �¢ C
� � y
One copy filed with Town Clerk on by complete? L One copy each to Planning Bd and Building Dept -& by 4 J-
$200 fee check given Town Treasurer on/ 3 by 'waived?
Hearing notice posted) .2 3 mailed�//3 I & M�L7 � � �%
Hearing(s) on_/_/_ cont'd to_/_/r, _/�_ withdrawn ?�_/_
Decision due by_/�_ made_/_ filed TC_/_/_ mailed_/_/_
See related cases lawsuits other
Atir3Pndi m
Applicant plans to acquire the locus which is currently located
in a Residential -2 Zoning District. The locus was created and
conveyed into ownership separate from all adjacent land, and the
existing single- family dwelling on the locus was constructed,
prior to the enactment of the Nantucket Zoning By -law in 1972.
The locus contains 11,250 square feet; 20,000 square feet are
required. The dwelling has side yard setbacks on both the north
and south of about 6 feet; 10 feet are required [although under
Nantucket Code Section 139- 16.C(1), the Board of Appeals may, by
special permit, reduce the side yard setback to 5 feet]. In all
other respects, including, but not limited to, ground cover and
frontage, the locus and the dwelling conform to the requirements
of the Code.
Applicant intends to remodel and expand the dwelling on the locus
by completing the following work:
1. Providing a new foundation under, and adding a second
story to, that section of the dwelling marked "A" on the site
plan, a reduced copy of which is attached hereto (the "Site
Plan ").
2. Providing a new foundation under that section of the
dwelling marked "B" on the Site Plan.
3. Adding a wart having a total ground cover of fifteen
square feet to the dwelling, which wart will be outside the
required setbacks and within the allowable ground cover ratio.
Applicant requests either a finding or a special permit under
Nantucket Code §139 -33.A to perform such work.
(kah /boa /41)