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HomeMy WebLinkAbout32-17 14 Bassett Road9 i � ys f aq TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: Fee: $450.00 File No. 3%r Owner's name(s): DAVID B. KAYTES and BARBARA B. KAYTES Mailing address: 680 Steamboat Road; Apt 3, Greenwich, CT 06830 Phone Number: E -Mail: dkaytesog..novantas.com Applicant's name(s): David B. Kaytes and Barbara B. Kaytes Mailing Address: 680 Steamboat Road; Apt 3, Greenwich, CT 06830 Phone Number: E -Mail: dkaytes@novantas.com Locus Address: 14 Bassett Road Assessor's Map/Parcel: 26-41 Land Court Plan/Plan Book & Page/Plan File No.: Lot 2; Plan File 39-J Deed Reference/Certificate of Title: 430-231 Zoning District LUG -3 Uses on Lot- Commercial: None- Yes (describe) Residential: Number of dwellings 2 Duplex. Primary Date of Structure(s): 211 pre -date 7/72 Dwelt; r_ Building Permit Numbers: Previous Zoning Board Application Numbers: Apartments (b 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: Applicant seeks a Special Permit pursuant to By -Law Section 1319-13A(4) to constrict two (2) buildings on the Property with non-confonning excess around cover by converting an existing secondary dwelling to a smaller studio and by constructing a new secondary dwelling. The aggregate ground cover of all buildings will be reduced by 40 square feet, more or less. (See Addendum A) I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: David B. Ka tes and Barbara B. Kaytes Owner* SIGNATURE: v.Applicant/Attorney/Agent-* Kevin F. ale, Esquire *If an Agent is represents g the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on: J_/_ By: Complete: Need Copies: Filed with Town Clerk:___ Planning Board:_/__ Building Dept.:__/ _ BT.— Fee y _Fee deposited with Town Treasurer:___ By Waiver. requested: Granted:,,_/_/_ Hearing notice posted with Town Clerk:_/_/_ Mailed:_J___J_ &___J` Hearings) held on:_J_J_ Opened on Continued to:—./—J— Withdrawn:_/_/_ Decision Due By:_/_J_ ivfade:_/_/_ Filed -,,.,/Town Clerk:_/___ Mailed:_/ /` 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile ADDENDUM A 14 BASSETT ROAD Applicants David B. Kaytes and Barbara B. Kaytes own the improved residential real estate located at 14 Bassett Road shown as Lot 2 on a plan recorded in Plan File 39-J at the Nantucket Registry of Deeds and also shown as Parcel 41 on Nantucket Assessors Map 26 ("the Property"). The Property has an area of approximately 98,423± square feet and is located in the Limited Use General -3 Zoning District ("LUG -3"). There are three (3) buildings on the Property with an aggregate ground cover of 4,352 + square feet: a primary dwelling (2312 sq. ft), a secondary dwelling (1608 sq. ft) and a garage (432 sq. ft.). The existing aggregate ground cover is 4,352 + sq. ft. or 4.42% of lot area. The Property is non- conforming as to ground cover because the maximum allowable ground cover in the LUG -3 District is three (3%) Percent of lot area. By way of background, the Property was zoned Limited Use General -1 ("LUG -119) until January 1, 2000 when it was up -zoned to LUG -3. The existing primary dwelling and garage on the Property pre -date January 1, 2000. The Kaytes applied for a building permit for the second dwelling on October 20, 1999, prior to the up -zoning. The Building Commissioner denied the building permit because there were no building permits available under the Building Period Moratorium then in effect. In November, 1999, Kaytes filed an application with the Nantucket Board of Appeals appealing the denial of the secondary dwelling permit. The filing of this application maintained the status quo and exempted the Kaytes' property from the January 1, 2000 zoning change. On November 10, 1999, the Board of Appeals extended its hearing until June 2000 and on May 1, 2000, the Nantucket Building Commissioner issued a secondary dwelling permit to Kaytes. Kaytes seek a Special Permit under Section 139-33A(4) of the By -Law to reconstruct the non -conforming buildings on the Property which have an aggregate ground cover in excess of the maximum allowable 3% ground cover in the LUG -3 District as follows: a) By constructing a new secondary dwelling on the Property with a ground cover of 1,084 ± sq. ft. b) By converting the existing secondary dwelling to a studio and by reducing the ground cover of the building from 1608+ sq. ft. to 484 + sq. ft; and C) There will be no change in the existing ground cover of the primary dwelling (2312+ sq. ft) and the existing garage (432+ sq. ft.). The new aggregate ground cover will be 4312+ sq. ft a reduction of 40 ± sq.ft. All of the reconstructed buildings will conform to current zoning regulations and the proposed reconstruction of the new secondary dwelling and the conversion and renovation of the existing secondary dwelling to a reduced sized studio will not be substantially more detrimental to the neighborhood than the existing non -conforming structures. Town and County of Nantucket, MA UST 14, LU1/ Property information Property 2641 to Location 14 BASSETT RD Owner KAYTES DAVID G & BARBARA B MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town and County of Nantucket, MA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated December, 2014 Properties updated 08114(2017 .wg TnTMM xro n RECEIVED To OCT 05 2001 YR HOLLIS NANTUCx- r BUILDING U Ei'T ^33 f f ry M f a � I R�b ono YP. f WN OM0j.// . 40.1JM7 33 SCQOMT MUM W-rdw Stt wb=. CPN]] 4t w �6 20 BoaFUM m MhY�Yn� ROAD =—�LTo ]MMw AMflp l a' ASiLLT PLOT PLM M NArMIG.T. WOSAOfSTTS d9 iso \ M/: ONEL A x 1WWx P. y LOT 2 CPORTIQJ: 95.000 sq.ftt PWM M� PLM ME AJ -�: APPRO%MATE AREA �� TO OLD FENCE LW- • DAYD A BAF ARA KAYTES NANTUMU MAKv i W- 5 MALT WAY MArRA7ET. NA. 02554 T Z76� Lt2MF team MifJ1 lDT �! 1PMMM FAIDAMM TFAANTYAIC A1BAFT SM AND WAR 1aWEeno4AmFT46 Effii1e O,FAa ! (Gova) a07rW MLFL ]sd m nwmv MARS Mmov w m NOT NM ]05.16' PLBK.IS M39 Meas Mr aMMea M✓®t A1D ww a Map vm A Fm RMe1660t At Gml A T M. MW r M A MRMODA le m R A TMMMB 2- A 16VN6[ fYIRX AE A/I! lEis P Nn2M/1l N8•ffi�Iii-� LOT i ABC 16 PO.A w �6 20 BoaFUM m MhY�Yn� ROAD =—�LTo ]MMw AMflp l a' ASiLLT PLOT PLM M NArMIG.T. WOSAOfSTTS d9 iso eGIE rla WE OCT. 2 MM M/: ONEL A x 1WWx P. MM FUEFE M M M Fe m 1OT PWM M� PLM ME AJ 0.fi. DT LI - >9u ASM22M PEFEN9M' PW. x PAIM Q PIBAPW FOt DAYD A BAF ARA KAYTES NANTUMU MAKv i W- 5 MALT WAY MArRA7ET. NA. 02554 LEGEND a dAf?J G8. cOonc{ NeT F.TtM coc.7ER MAP ,q#om VNUFX IW Jusmislow 2NrAN- UW NOr IrcMR90 MANTW.rcr r1AAMAM MOW �.. ✓s._ OAF ►_Mi �/IA(ELS V 4/ 4s, v3 •►YV ZOMlARi LW -I ARFA lf6am Lr. FftMTw lao it FRO►R YARD Is Fr PAALZS" YALD WFT GRwwD coUK 'I % Puvp OF IAMO IN /V A Al T CUT , NVF oaT. It 1"a Tom 7. 50OG a IAC 57 MD SoorM ICAC )"mrVcRET, ft emit Ata7DR6o Fat OIMfI[L A r NAYMM 7 HAYNES # 3107— N m m � Z T� N PROPOSED SITE PLAN 16 BASS— ROAD ASSESSOR'S MAP 28, PARCEL It NANR1DKEf, MASSACHUSETTS PREPARED FOR DAMS G. 8 BARBARA B. M -FS me x� im S N m m � Z T� N PROPOSED SITE PLAN 16 BASS— ROAD ASSESSOR'S MAP 28, PARCEL It NANR1DKEf, MASSACHUSETTS PREPARED FOR DAMS G. 8 BARBARA B. M -FS me x� im October 11, 2001 HAND DELIVERY Marcus Silverstein, Zoning Enforcement Officer Town Building Annex 37 Washington Street Nantucket, Massachusetts, 02554 RE: David Kaytes and Barbara Kaytes Certificate of Occupancy for Second Dwelling 14 Bassett Road Nantucket, Massachusetts, 02554 Map 26, Parcel 41 Dear Marcus: In accordance with our telephone conversation yesterday, this letter will serve to confirm that I represent David Kaytes and Barbara Kaytes, the owners of the property at 14 Bassett Road. It is my understanding that my clients have applied for a Certificate of Occupancy for the second dwelling on the property and there is a question about whether they are subject to LUG -3 Intensity Regulations or LUG -1 Intensity Regulations under the Nantucket Zoning By - Law. In my opinion, the second dwelling at issue is subject to LUG -1 Intensity Regulations for the following reasons: The Kaytes' property is located in an LUG -3 Zoning District which had the benefit of LUG -1 Intensity Regulations until December 31, 1999. On October Marcus Silverstein October 11, 2001 Page 2 of 3 20, 1999, Mr. and Mrs. Kaytes applied for a Building Permit to construct the secondary dwelling at issue. On November 18, 1999, Jack Dunn, the Building Commissioner, denied the secondary dwelling building permit because all 1999 new dwelling building permits available under the Building Permit Cap had been issued. Mr. and Mrs. Kaytes were put in line to receive a building permit for their secondary dwelling on May 1, 2000. In November, 1999, I filed an Application for Relief with the Nantucket Board of Appeals requesting that the Board overturn Jack Dunn's denial of the Kaytes' secondary dwelling building permit and, in the alternative, issue a Variance to allow Mr. and Mrs. Kaytes to build the secondary dwelling of their choice. By law, filing of this Board of Appeals Application maintained the status quo and exempted Mr. and Mrs. Kaytes' property from the January 1, 2000 zoning change. At the December 10, 1999 Public Hearing on the Kaytes' application, the Nantucket Board of Appeals extended its hearing on the matter until June, 2000 to afford Mr. and Mrs. Kaytes time to work this out with the Nantucket Building Department. On May 1, 2000, the Nantucket Building Commissioner issued the secondary dwelling building permit and made the Board of Appeals matter moot. In June 2000, Mr. and Mrs. Kaytes withdrew their application for relief from the Nantucket Board of Appeals. In summary, Mr. and Mrs. Kaytes had the benefit of LUG -1 Intensity Regulations at the time their secondary dwelling building permit issued on May 1, 2000 because this issue was pending before the Nantucket Board of Appeals. The 26 NANTUCKET CONSERVATION FOUNDAT PO BOX 13 NANTUCKET, MA 02554 26 HORVATH PAUL & CACILIE 3327 P STREET NW WASHINGTON, DC 20007 26 HORVATH PAUL & CECILIE 3327 P STREET NW V ASHINGTON, DC 20007 26 BENSON & HENDERSON ENTPR LLC 14 NASSAU STREET #322 PRINCETON, NJ 08542 26 MCGOWAN MICHAEL J & AMY C 701 SOUTH OLIVE AV # 1710 W PALM BEACH, FL 33401 26 I{AYNES DANIEL PO BOX 1855 NANTUCKET, MA 02554 26 KAYTES DAVID G & BARBARA B 680 STEAMBOAT RD APT #3 GREENWICH, CT 06830 26 ALGER SARAH F TRST QUAISE TWENTY NOM TRUST P 0 BOX 1078 NANTUCKET, MA 02554 26 ALGER SARAH F TR C/O DILLION PO BOX 1078 NANTUCKET, MA 02554 26 RYAN MICHAEL G TRUSTEE QUAISE REALTY TRUST 2200 PENNSYLVANIA AV NW #800W WASHINGTON, DC 20037 26 HILLGER ROBERT W TRST GINRICH REALTY TRUST P 0 BOX 747 NANTUCKET, MA 02554 26 ALGER SARAH F TRST QUAISE TWENTY NOM TRUST P O BOX 1078 NANTUCKET, MA 02554 "'U V3 CLI VAUGHAN, DALE, HUNTER AND BEAUDETTE PROFESSIONAL CORPORATION ATTORNEYS AT LAw WHALER'S LANE P.O. BO% 659 EDWARD FOLEY VAueHA?T NANTUC=, MAssACHusEM 02554 Wn rJaK F. Hu -s-= KEvrN F. DALE — OFCOUNSEL TEL(508)228-4455 RICHARD P. FAX: X :15081228-3073070 Loan D'ELIA RRYAN J. SWAIN August 14, 2017 BY HAND DELIVERY AND EMAIL Eleanor Antonietti, Administrator Nantucket Board of Appeals, PLUS 2 Fairgrounds Road Nantucket, MA 02554 Dear Eleanor: 3z-( r p T M T 0 T T AUG i 4 ?D17 B Y RE: 14 Bassett Road Nantucket, Massachusetts 02554 On behalf of my client, David B. Kaytes and Barbara B. Kaytes ("Kaytes"), the owners of the improved residential real estate located at 14 Bassett Road, Nantucket, Massachusetts ("Property"), enclosed for filing is an application for a Special Permit pursuant to Section 139-33(A) of the By Law to construct a new secondary dwelling and to convert an existing secondary dwelling to a smaller studio on the Property which has non -conforming excess ground cover. The aggregate ground cover of all buildings will be reduced by approximately 40+ sq. In support of this application, enclosed are the following: 1) Signed Application 2) Addendum "A" Eleanor Antoinetti Nantucket Board of Appeals August 14, 2017 Page 2 of 2 3) Locus Plan 4) Existing Conditions Plan 5) Recorded Plan 6) Copy of letter from Attorney Kevin F. Dale to Zoning Officer Marcus Silverstein dated October 11, 2001; 7) Current recorded deed for the Property; 8) Certified Abutters List 9) Two (2) sets of mailing labels; and 10) Filing fee check in the sum of $450.00 made payable to the '`Town of Nantucket" Please schedule this matter for hearing before the Nantucket Board of Appeals on September 14, 2017 and call me with any questions or concerns at 508-228-4455. 1 will email the completed application as a single document in PDF format later today and also supplement this application with a "Proposed Conditions Plan" this week. Thank you. Sincerely, Enclosures cc: Mr. and Mrs. David B. Kaytes Twig Perkins f NN CLC ( , 2011 OCT I I PM 3: 38 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: October 6, 2017 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 32-17 Owner/Applicant: DAVID G. KAYTES and BARBARA B. KAYTES Property Description: 14 Bassett Road Map 26 Parcel 41 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 Nantucket Superior Court or 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. Eleanor W. Antonietti, Zoning Administrator 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 508-325-7587. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 26, Parcel 41 Book 430 Page 231 14 Bassett Road Plan File 39-J Limited Use General -3 ("LUG -3") Lot 2 DECISION: 1. At a public hearing of the Nantucket Board of Appeals held on Thursday, September 14. 2017, at 1:00 pm, at 4 Fairgrounds Road, Nantucket, Massachusetts 02554, the Board made the following decision on the application of DAVID G. KAYTES and BARBARA B. KAYTES. 680 Steamboat Road, Apt. 3, Greenwich, CT 06830, File No. 32-17. 2. This is an application for SPECIAL PERMIT relief pursuant to Nantucket Zoning By - Law Section 139-33.A(4) to allow for the conversion and reconstruction of pre-existing, non- conforming buildings on the property as follows: a) Conversion and reconstruction of the existing secondary dwelling to a studio with a reduction in ground cover from 1,608 sq. ft. to 484 sq. ft.; b) Construction of a new secondary dwelling with a ground cover of 1,084 sq. ft.; and c) No change in the existing primary dwelling on the property which has ground cover of 2,312 sq. ft. and no change in the existing garage which has ground cover of 432 sq. ft. 3. The Applicants' 14 Bassett Road property ("Property") is shown as Lot 2 on a plan filed in Plan File 39-J at the Nantucket Registry of Deeds and also shown as Parcel 41 on Nantucket Assessor's Map 26. The Property has an area of approximately 98,423 +/- sq. ft. and is located in the Limited Use General -3 Zoning District ("LUG -3"). There are three (3) buildings on the Property with an aggregate ground cover of 4,352 +/- sq. ft.: a primary dwelling (2,312 sq. ft.), a secondary dwelling (1,608 sq. ft.) and a garage (432 sq. ft.). The existing aggregate ground cover is 4.42%. The maximum allowable ground cover in the LUG -3 District is 3)%. 4. The Property was zoned Limited Use General -1 ("LUG -1") until January 2000 when it was up -zoned to LUG -3. The existing primary dwelling and garage on the Property pre -date January 1, 2000 and are pre-existing and non -conforming. The Applicants applied for a secondary dwelling building permit in October, 1999, prior to the up -zoning, to construct a secondary dwelling on the Property. The secondary dwelling building permit was denied because there were no building permits available under the Building Permit Moratorium then in effect. In November, 1999, the Applicants filed an application with this Board appealing the denial of the secondary dwelling building permit. The filing of this application maintained the status quo and exempted the Property from the January 1, 2000 zoning change. On November 10, 1999, the Board extended its hearing on the appeal until June, 2000 and in May, 2000, the Nantucket Building Commissioner issued the secondary dwelling building permit to the Applicants. 2 5. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Applicant, through counsel, stated that the converted and reconstructed studio, new secondary dwelling and existing primary dwelling and garage would conform to current zoning regulations and the new secondary dwelling and the conversion and renovation of the existing secondary dwelling to a reduced -size studio would not be substantially more detrimental to the neighborhood than the existing non- conforming structures and, in fact, the aggregate ground cover of the buildings would be reduced by 40 sq. ft. Counsel noted to the Board there was no opposition to this application for Special Permit relief. Applicants, through counsel, asked the Board to grant the SPECIAL PERMIT pursuant to Section 139-33.A(4) of the By -Law to allow for the reconstruction and conversion of the pre-existing and non -conforming buildings on the Property. 6. The Board found that the existing buildings on the Property are pre-existing and non- conforming because the aggregate ground cover of the buildings exceeds the maximum allowable 3% ground cover in the LUG -3 District, the existing primary dwelling and garage were on the Property prior to the January 1, 2000 zoning change, and the existing secondary dwelling on the Property was exempt from the change for the reasons stated in above Paragraph 4. The Board found further that the proposed converted, reconstructed and newly -constructed buildings would conform to the zoning intensity regulations of the By -Law and the proposed reconstruction and conversion project would not be substantially more detrimental to the Bassett Road neighborhood than the existing non -conforming buildings. 7. Accordingly, by UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT relief in accordance with the provisions of Zoning By Law Section 139-33.A(4) to allow for the reconstruction and conversion of the existing secondary dwelling on the Property to a studio and the construction of a new, secondary dwelling upon the following conditions: a). The new secondary dwelling and studio be constructed substantially in accordance with the Certificates of Appropriateness to be issued for the buildings by the Nantucket Historic District Commission; and b). The project be constructed substantially in accordance with the Revised Site Plan for the Property prepared by Site Design Engineering, LLC, dated September 8, 2017, a copy of which is annexed hereto as Exhibit "A." SI NAT RE PA E FOLL WS 3 Assessor's Map 26, Parcel 41 14 Bassett Road Limited Use General -3 ("LUG -3") Dated: September 14 2017 v 0'yar ieia Mark Poor Book 430 Page 231 Plan File 39-J Lot 2 COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the 'V day of O 64.C- 2017, before me, the undersigned notary public. personally appeared , one of the above-named members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he signjao4lt foregoing instrument voluntarily for the purposes therein expressed. Official Signature and Seal of Notary Public My commission expires: f�1- 9 MY comm. Expires Sept 28, 2018, 11 ZJ 11W z l lip NV'1d311S(13SOdO8d kN 4 "EXHIBIT A z 0 04 "EXHIBIT A z 0 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 MEMORANDUM iNAV , J�� TC':':'N CLQ MINA 13 PM 3:00 Date: November 13, 2017 To: Town Clerk From: Eleanor Weller Antonietti, Zoning Administrator Re: Zoning Board Decision #32-17— TECHNICAL CORRECTION David G. Kaytes and Barbara B. Kaytes The above referenced ZBA Decision regarding 14 BASSETT ROAD (Map 26, Parcel 41). filed with the Town Clerk on October 11, 2017 and previously recorded at Book 1617, Page 246 with the Nantucket Registry of Deeds, requires minor modification to correct inadvertent typographical errors. The corrections are shown as strike -out of the errors and insertion of the correct information on Pates 2 and 3 of the Decision filed herewith. This minor modification will neither effect the nature of the relief granted in the decision nor the completed appeal period. Please attach this page to the front of the corrected Decision so that it may be re-recorded in its entirety as amended. Thank you. i\� \ w� Eleanor W. Antonietti, Zoning Administrator COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the day of f, Vove Y1 tr , 2017, before me, the undersigned notary public, personally appeared , one of the above-named members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he signed the foregoing instrument vo untarily for the purIMAA pos s therein expressed. DORIS C. STRANG 'ej ft;LA�AZ �A Notary Public Official Signature and Seal o N to y Public Commonwealth of Massachuseft My commission expires: r L@My Commission Expires October 9, 2029 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile L E i s _ _ N 20171 OCT I I PM 3:3r TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: October 6, 2017 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 32-17 Owner/Applicant: DAVID G. KAYTES and BARBARA B. KAYTES Property Description: 14 Bassett Road Map 26 Parcel 41 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 Nantucket Superior Court or 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. Eleanor W. Antonietti, Zoning Administrator 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 508-325-7587. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 26, Parcel 41 Book 430 Page 231 14 Bassett Road Plan File 39-J Limited Use General -3 ("LUG -3") Lot 2 DECISION: 1. At a public hearing of the Nantucket Board of Appeals held on Thursday, September 14, 2017, at 1:00 pm, at 4 Fairgrounds Road, Nantucket, Massachusetts 02554, the Board made the following decision on the application of DAVID G. KAYTES and BARBARA B. KAYTES. 680 Steamboat Road, Apt. 3, Greenwich, CT 06830, File No. 32-17. 2. This is an application for SPECIAL PERMIT relief pursuant to Nantucket Zoning By - Law Section 139-33.A(4) to allow for the conversion and reconstruction of pre-existing, non- conforming buildings on the property as follows: a) Conversion and reconstruction of the existing secondary dwelling to a studio with a reduction in ground cover from 1,611 sq. ft. to 4&4 491 sq. ft.; b) Construction of a new secondary dwelling with a ground cover of 1,084 sq. ft.: and c) No change in the existing primary dwelling on the property which has ground cover of 2,292 sq. ft. and no change in the existing garage which has ground cover of 4-34 483 sq. ft. 3. The Applicants' 14 Bassett Road property ("Property") is shown as Lot 2 on a plan filed in Plan File 39-J at the Nantucket Registry of Deeds and also shown as Parcel 41 on Nantucket Assessor's Map 26. The Property has an area of approximately 98,426; +/- sq. ft. and is located in the Limited Use General -3 Zoning District ("LUG -3"). There are three (3) buildings on the Property with an aggregate ground cover of 4,386 +/- sq. ft.: a primary dwelling (2734z 2,292 sq. ft.), a secondary dwelling (1,61149 sq. ft.) and a garage (483 sq. ft.). The existing aggregate ground cover is 4.54%. The maximum allowable ground cover in the LUG -3 District is 3%. 4. The Property was zoned Limited Use General -I ("LUG -1") until January 2000 when it was up -zoned to LUG -3. The existing primary dwelling and garage on the Property pre -date January 1, 2000 and are pre-existing and non -conforming. The Applicants applied for a secondary dwelling building permit in October, 1999, prior to the up -zoning, to construct a secondary dwelling on the Property. The secondary dwelling building permit was denied because there were no building permits available under the Building Permit Moratorium then in effect. In November, 1999, the Applicants filed an application with this Board appealing the denial of the secondary dwelling building permit. The filing of this application maintained the status quo and exempted the Property from the January 1, 2000 zoning change. On November 10, 1999, the Board extended its hearing on the appeal until June, 2000 and in May. 2000. the Nantucket Building Commissioner issued the secondary dwelling building permit to the Applicants. S. Our decision is based upon the application and accompanying materials. and representations and testimony received at our public hearing. The Applicant, through counsel, stated that the converted and reconstructed studio, new secondary dwelling and existing primary dwelling and garage would conform to current zoning regulations and the new secondary dwelling and the conversion and renovation of the existing secondary dwelling to a reduced -size studio would not be substantially more detrimental to the neighborhood than the existing non- conforming structures and, in fact, the aggregate ground cover of the buildings would be reduced by 40 36 sq. ft. Counsel noted to the Board there was no opposition to this application for Special Permit relief. Applicants, through counsel, asked the Board to grant the SPECIAL PERMIT pursuant to Section 139-33.A(4) of the By -Law to allow for the reconstruction and conversion of the pre-existing and non -conforming buildings on the Property. 6. The Board found that the existing buildings on the Property are pre-existing and non- conforming because the aggregate ground cover of the buildings exceeds the maximum allowable 3% ground cover in the LUG -3 District, the existing primary dwelling and garage were on the Property prior to the January 1, 2000 zoning change, and the existing secondar} dwelling on the Property was exempt from the change for the reasons stated in above Paragraph 4. The Board found further that the proposed converted, reconstructed and newly -constructed buildings would conform to the zoning intensity regulations of the By -Law and the proposed reconstruction and conversion project would not be substantially more detrimental to the Bassett Road neighborhood than the existing non -conforming buildings. 7. Accordingly, by UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT relief in accordance with the provisions of Zoning By Law Section 139-33.A(4) to allow for the reconstruction and conversion of the existing secondary dwelling on the Property to a studio and the construction of a new, secondary dwelling upon the following conditions: a). The new secondary dwelling and studio be constructed substantially in accordance with the Certificates of Appropriateness to be issued for the buildings by the Nantucket Historic District Commission; and b). The project be constructed substantially in accordance with the Revised Site Plan for the Property prepared by Site Design Engineering, LLC, dated September 8. 2017, a copy of which is annexed hereto as Exhibit "A." Assessor's Map 26, Parcel 41 14 Bassett Road Limited Use General -3 ("LUG -3") Dated: September 14, 2017 COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss Book 430 Page 231 Plan File 39-J Lot 2 0 icha 1 O'Uara ,-no", bts-'a'-4didicelIF Mark Poor On the IV day of 046 644" 2017, before me, the undersigned notary public, personally appeared rj h� , one of the above-named members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he signd foregoing instrument voluntarily for the purposes therein expressed. . A4 MAJ 0 Official Signature and Seal of Notary Public My commission expires: 1 ��, •sr � f CI "EXHIBIT A" U ,a�c+=au; mor- cauv�r rwawa roaura roamwaaw ,� � z �i� 4� � 7 =„=arnrrrvw•.�aa,wa g - � C,0Z, � � =B � s �g= umwa'aevw syossassr a �v p '�`� � aroruarrmn w B x s b NY1c1 a1S 03SOdM1d w tic � � ° ; • 4t� z !S S 1 � i E-•� g � � �,1 EE � 3 4 t ° i y ••{a�i z 9 rpi PIE 6 ie g # gp gw @s yp o t ep p e 2 Y a R r R^ § i g~a U s� •1 � u 9 'V 4111 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 MEMORANDUM _N.�'TJKE- TC'A!N CLLIR 2017 NOV 13 PM 3: 00 Date: November 13, 2017 To: Town Clerk From: Eleanor Weller Antonietti, Zoning Administrator Re: Zoning Board Decision #32-17— TECHNICAL CORRECTION David G. Kaytes and Barbara B. Kaytes The above referenced ZBA Decision regarding 14 BASSETT ROAD (Map 26, Parcel 41), filed with the Town Clerk on October 11, 2017 and previously recorded at Book 1617, Page 246 with the Nantucket Registry of Deeds, requires minor modification to correct inadvertent typographical errors. The corrections are shown as strike -out of the errors and insertion of the correct information on Paaes 2 and 3 of the Decision filed herewith. This minor modification will neither effect the nature of the relief granted in the decision nor the completed appeal period. Please attach this page to the front of the corrected Decision so that it may be re-recorded in its entirety as amended. Thank you. Eleanor W. Antonietti, Zoning Administrator COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the day of t -love Y1 2Y' , 2017, before me, the undersigned notary public. personally appeared , one of the above-named members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he signed the foregoing instrument vo untarily for the purpos s therein expressed. DORIS C. STRANG Notary Public oc f ficial Signature and Seal o N toy Public Commonwealth of Massachusetle My commission expires: r C3 09 My Commission Expires October 9, 2029 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile N ,oI7 -,CT I { PM 3: 3 9'�flAj TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: October 6, 2017 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 32-17 Owner/Applicant: DAVID G. KAYTES and BARBARA B. KAYTES Property Description 14 Bassett Road Map 26 Parcel 41 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 Nantucket Superior Court or 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. Eleanor W. Antonietti, Zoning Administrator 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 508-325-7587. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 26, Parcel 41 Book 430 Page 231 14 Bassett Road Plan File 39-J Limited Use General -3 ("LUG -3") Lot 2 DECISION: I . At a public hearing of the Nantucket Board of Appeals held on Thursday.. September 14, 2017, at 1:00 pm, at 4 Fairgrounds Road, Nantucket, Massachusetts 02554, the Board made the following decision on the application of DAVID G. KAYTES and BARBARA B. KAYTES. 680 Steamboat Road, Apt. 3, Greenwich, CT 06830, File No. 32-17. 2. This is an application for SPECIAL PERMIT relief pursuant to Nantucket Zoning By - Law Section 139-33.A(4) to allow for the conversion and reconstruction of pre-existing, non- conforming buildings on the property as follows: a) Conversion and reconstruction of the existing secondary dwelling to a studio with a reduction in ground cover from 1,611 sq. ft. to 494 491 sq. ft.; b) Construction of a new secondary dwelling with a ground cover of 1,084 sq. ft.; and c) No change in the existing primary dwelling on the property which has ground cover of 2,292 sq. ft. and no change in the existing garage which has ground cover of 4'� 483 sq. ft. 3. The Applicants' 14 Bassett Road property ("Property") is shown as Lot 2 on a plan filed in Plan File 39-J at the Nantucket Registry of Deeds and also shown as Parcel 41 on Nantucket .Assessor's Map 26. The Property has an area of approximately 98,4263= +/- sq. ft. and is located in the Limited Use General -3 Zoning District ("LUG -3"). There are three (3) buildings on the Property with an aggregate ground cover of 4,386 +/- sq. ft.: a primary dwelling (2-34-2 2,292 sq. ft.), a secondary dwelling (1,61149 sq. ft.) and a garage (483 sq. ft.). The existing aggregate ground cover is 4.5421%. The maximum allowable ground cover in the LUG -3 District is 3%. 4. The Property was zoned Limited Use General -1 ("LUG -1") until January 2000 when it was up -zoned to LUG -3. The existing primary dwelling and garage on the Property pre -date January 1, 2000 and are pre-existing and non -conforming. The Applicants applied for a secondary dwelling building permit in October, 1999, prior to the up -zoning. to construct a secondary dwelling on the Property. The secondary dwelling building permit was denied because there were no building permits available under the Building Permit Moratorium then in effect. In November, 1999, the Applicants filed an application with this Board appealing the denial of the secondary dwelling building permit. The filing of this application maintained the status quo and exempted the Property from the January 1, 2000 zoning change. On November 10, 1999, the Board extended its hearing on the appeal until June, 2000 and in May. 2000, the Nantucket Building Commissioner issued the secondary dwelling building permit to the Applicants. 5. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Applicant, through counsel, stated that the converted and reconstructed studio, new secondary dwelling and existing primary dwelling and garage would conform to current zoning regulations and the new secondary dwelling and the conversion and renovation of the existing secondary dwelling to a reduced -size studio would not be substantially more detrimental to the neighborhood than the existing non- conforming structures and, in fact, the aggregate ground cover of the buildings would be reduced by 40 36 sq. ft. Counsel noted to the Board there was no opposition to this application for Special Permit relief. Applicants, through counsel, asked the Board to grant the SPECIAL PERMIT pursuant to Section 139-33.A(4) of the By -Law to allow for the reconstruction and conversion of the pre-existing and non -conforming buildings on the Property. 6. The Board found that the existing buildings on the Property are pre-existing and non- conforming because the aggregate ground cover of the buildings exceeds the maximum allowable 3% ground cover in the LUG -3 District, the existing primary dwelling and garage were on the Property prior to the January 1, 2000 zoning change, and the existing secondary dwelling on the Property was exempt from the change for the reasons stated in above Paragraph 4. The Board found further that the proposed converted, reconstructed and newly -constructed buildings would conform to the zoning intensity regulations of the By -Law and the proposed reconstruction and conversion project would not be substantially more detrimental to the Bassett Road neighborhood than the existing non -conforming buildings. 7. Accordingly, by UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT relief in accordance with the provisions of Zoning By Law Section 139-33.A(4) to allow for the reconstruction and conversion of the existing secondary dwelling on the Property to a studio and the construction of a new, secondary dwelling upon the following conditions: a). The new secondary dwelling and studio be constructed substantially in accordance with the Certificates of Appropriateness to be issued for the buildings by the Nantucket Historic District Commission; and b). The project be constructed substantially in accordance with the Revised Site Plan for the Property prepared by Site Design Engineering, LLC, dated September 8, 2017, a copy of which is annexed hereto as Exhibit "A." Assessor's Map 26, Parcel 41 14 Bassett Road Limited Use General -3 ("LUG -3") Dated: September 14, 2017 0 icha 1 O'Mara a tticelli Mark Poor Geoffref Thayer Book 430 Page 231 Plan File 39-J Lot 2 COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the IV day of MtS 64'e- 2017, before me, the undersigned notary public, personally appeared 5 --sr , one of the above-named members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he sign d foregoing instrument voluntarily for the purposes therein expressed. VW1 III Official Signature and Seal of Notary Public My commission expires: ------------- hy m. Expires Sept 28, 20r pires Sept 28, 20 11 "EXHIBIT A" (i Es sw,n • wwaw z ro avw aw mwaae c�giila z � z a 7 l� � � � �tg' ,.�w.•.��.�.csacsr a N p moa � W p � ..N � I N` 1d 311S (3SOdM1d � m w S si e`` c 1 � is i 4 • kCCtCa �� � �k¢ � ;�e Rilf[Q�