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Continued to:—./—J— Withdrawn:_/_/_ Decision Due By:_/_J_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
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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
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26
HORVATH PAUL & CECILIE
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BENSON & HENDERSON ENTPR LLC
14 NASSAU STREET #322
PRINCETON, NJ 08542
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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
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ALGER SARAH F TR
C/O DILLION
PO BOX 1078
NANTUCKET, MA 02554
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RYAN MICHAEL G TRUSTEE
QUAISE REALTY TRUST
2200 PENNSYLVANIA AV NW #800W
WASHINGTON, DC 20037
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HILLGER ROBERT W TRST
GINRICH REALTY TRUST
P 0 BOX 747
NANTUCKET, MA 02554
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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:
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MY comm. Expires Sept 28, 2018,
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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:
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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
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