HomeMy WebLinkAbout33-19 3 Pond Roadl 1" U 0 s
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26111 7`. 13 AM I I : 3
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TOWN OF NANTUCKET-'
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BOARD OF APPEALS w `=
NANTUCKET, MA 02554 3 ;�"
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APPLICATION
Fee: $450.00 File No. 2.. 3 -1 q
Owner's name(s): John B. Brescher, Trustee of 3 Pond Road Nominee Trust
Mailing address: 3 Pond Road, Nantucket, MA 02554
Phone Number: 508-228-0771 E -Mail: John@gliddenandglidden.com
Applicant's name(s): Same
Mailing Address: Same
Phone Number: 508-228-0771 E -Mail: John@gliddenandglidden.com
Locus Address: 3 Pond Road Assessor's Map/Parcel: 56 / 151.1
Land Court Plan .: Lot 132, Land Court Plan No.
14830-7.
Deed Re fe....~... Certificate of Title: Certificate of Title No. 26211
Zoning District: R-2
Uses on Lot- Commercial: No Yes (describe)
Residential: Number of dwellings: 2 Duplex Apartments
Date of Structure(s):
Building Permit Numbers:
Previous Zoning Board Application Numbers:
056-95
067-03
018-16
State below or attach a separate addendum of specific special permits or variance relief
applying for:
See attached 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: Owner*
SIGNATURE:
f/Attorney/Ageiat*
*If an Attorney or other Agent is representing the Owner or the Applicant, please provide
a signed proof of agency.
OFFICE USE ONLY
Application received on:_/_/_ By: Complete: Need Copies:
Filed with Town Clerk:–/–/– Planning Board:–/–/– Building Dept.:–/–/– By:_
Fee deposited with Town Treasurer:–LL By:_ Waiver requested:
Granted:_/_/_ Hearing notice posted with Town Clerk:_/_/_ Mailed:_/_/_
I&M_/_/_ &_/_/_ Hearing(s) held on:—/—/— Opened on :—/—/—
Continued to:_/_/_ Withdrawn:_/_/_ Decision Due BY:—/—/—
Made:_/_/_ Filed w/Town Clerk:—/—/— Mailed:—/—/—
E
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1�i�Cd
Addendum A
2019 NOV 18 PM 2: OC
The Applicant, John B. Brescher, Trustee of the 3 Pond Road Nominee Trust
(`Brescher"), is the record title holders to the property 3 Pond Road, Nantucket, MA
02554 by, virtue of Certificate of Title No. 26211 registered at the Nantucket Registry
District of the Land Court.
The Locus presently contains a single-family dwelling, a shed, and a secondary dwelling
on a lot containing approximately 21,143 square feet in a zoning district that requires a
minimum lot size of 20,000 square feet. The single-family dwelling and shed comply
with the intensity regulations of the R-20 zoning district; however, the garage is sited
approximately 12.9 feet from the front yard lot line in a zoning district that requires a 30 -
foot front yard setback. The garage has the benefit of Variance relief issued by the
Nantucket Zoning Board of Appeals in Decision No. 056-95, which was modified by
Decision No. 067-03, which was further modified by Decision No. 018-16. The subject
of these Variances was the siting of the garage, which was then converted to a secondary
dwelling, within the front yard setback. As a condition of approval, the Board of Appeals
required in Paragraph 5(b) of the 056-95 Decision that, "The footprint of the garage
structure shall remain substantially unchanged, and that any additions to allow for
second floor access and dormers shall be made outside of the 30 foot setback area."
While amendments had been made to the Variance relief modifying the terms of the
Variance, this condition had remained.
The Applicant is requesting a modification to the Variance and, to the extent necessary,
Variance relief pursuant to Nantucket Zoning Bylaw Section 139-32 from the intensity
regulations of Section 139-16 to allow a second -floor dormer on the secondary dwelling
structure as close as close as 26.1 feet from the front yard lot line as shown on the
attached Exhibit B
The Applicant has applied to the Historic District Commission and has approval for the
second floor dormers as shown on the attached Exhibit C, by virtue of Certificate of
Appropriateness No. 72933.
Accordingly, the Applicant is requesting a modification of the existing Variance relief
since the secondary dwelling has been sited in its present location since 1980 and the
second floor dormer intrusion is deminimis and, to the extent necessary, Variance relief
may be granted to allow additional massing within the front yard setback because owing
to the unique conditions of the structure being a non-compliant structure that was
constructed in the 1980s, a literal enforcement of the provisions of the R-20 zoning
district would cause substantial hardship and that relief may be granted without
derogating from the purpose and intent of the Bylaw because the structure has been in its
present location for over 30 years.
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MAP 56
PARCEL 152
JOSEPH MARCKLINGER P.L.S.
J. MARCKLINGER & ASSOCIATES, INC.
PROFESSIONAL LAND SURVEYORS
P.O.BOX 896
NANTUCKET, MA. 02554
(310) 945-7054
0 20 40 60
MAP 56 P9 P9 n I
PARCEL 149 SCALE: I INCH = 20 FEET
-ERTIFY THAT THE BUILDINGS
2E LOCATED AS SHOWN HEREON
VG CLASSIFICATION: R-2
IUM LOT SIZE = 20,000 SO. FT.
IUM FRONTAGE = 75 FT.
IT YARD SETBACK = 30 FT.
YARD SETBACK = 10 FT.
YARD SETBACK = 10 FT.
IND COVER RAT10 = 12.5%
IG GROUND COVER RATIO = 9.5 %
CONCRETE BOUND
FOUND
POND ROAD AS - BUILT" PLOT PLAN
NANTUCKET, MA.
(NANTUCKET COUNTY)
SCALE 1 IN.= 20 FT
3 POND ROAD
NOVEMBER 6, 2019
CERT.: 26211 L.C.C. 14870-7
ASSESSORS MAP 56 , PARCEL 151.1
fx,li�iii L
CERTIFICATE NO: _ DATE ISSUED:
Application to the HISTORIC DISTRICT COMMISSION, Nantucket, Massachusetts, for a
CERTIFICATE OF APPROPRIATENESS
for structural work.
All blanks must be filled in using BLUE OR BLACK INK (no pencil) or marked N/A.
NOTE: It Is strongly recommended that the applicant be familiar with the HDC guidelines, Building with Nantucket in Mind, prior to submittal of application.
Please see other side for submittal requirements. Incomplete applications will not be reviewed by the HDC.
This is a contractual agreement and must be filled out in ink. An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 of the Acts and
Resolves of Mass., 1970, for proposed work as described herein and on plans, drawings and photographs accompanying this application and made a part hereof by reference.
The certificate is valid for three years from date of issuance. No structure may differ
from the approved application. Violation may impede issuance of Certificate of FOR OFFICE USE ONLY
Occupancy,
PROPERTY DESCRIPTION Date application received: Fee Paid: S
TAX MAP No: 5G PARCEL No. f5� � I Must be acted on by:
Street & Number of Proposed Work 3 PC "D R OAT Extended to:
Owner of record: ORGSCHCR JOHN 8' t R (I,s!
Mailing Address: r37 CCN 1 R( S r P 666 r
A/AV TU C 1<F 1 /" IA 0 2SS"I '
Contact Phone #:
E-mail:
AGENT INFORMATION (if applicable)
Name: E7FIAN M`f?ORRow
Mailing Address: Pd 80;y- t052- 9
jV1AtV TUC LCC i IvW 02SS S�
Contact Phone #: 2-28 0-�✓56
Approved: _
Chairman: _
Member:
Member:
Member:
Member:
Disapproved:
Notes - Comments - Restrictions - Conditions
DESCRIPTION OF WORK TO BE PERFORMED
See reverse for required documentation.
❑ New Dwelling C5Addifion ❑ Garage ❑ Driveway/Apron ❑ Commercial ❑ Historical Renovation ❑ Deck/Patio '—.'Steps ❑ Shed
❑ Color Change ❑ Fence ❑ Gate ❑ Hardscaping ❑ Move Building ❑ Demolition ❑ Revisions to previous Cert. No.
❑ Pool (Zoning District ) ❑ Roof ❑ Other
Size of Structure or Addition: Length: Sq. Footage 1 st floor: Decks/Patio: Size: ❑ 1st floor ❑ 2nd floor
Width: Sq. footage 2nd floor: Size: ❑ 1st floor ❑ 2nd floor
Sq. footage 3rd floor:
Difference between existing grade and proposed finish grade: North
Height of ridge above final finish grade: North South _
Additional Remarks
REVISIONS' 1. East Elevation Nt� v FAENCN [)CIO iu
(describe) 2. South Elevation jjew pon MEGs CM 0
Historic Name:
Original Date: I q87
Original Builder:
South East West
East West
3. West Elevation
4. North Elevation
Is there an HDC survey form for this building attached? ❑Yes N/A
Cloud on drawings and submit photographs of existing elevations.
DETAIL OF WORK TO BE PERFORMED
Foundation: Height Exposed ❑ Block ❑ Block Parged ❑ Brick (type) ❑ Poured Concrete r Piers
Masonry Chimney: ❑ Block Parged ❑ Brick (type) ❑ Other
Roof Pitch: Main Mass /12 Secondary Mass /12 Dormer /12 Other
Roofing material: ❑Asphalt: [13 -Tab ❑Architectural (Fence: Height:
i
❑ Wood (Type: Red Cedar, White Cedar, Shakes, etc.) M L (Type:
Skylights (flat only): Manufacturer
Manufacturer
Gutters: ❑Wood ❑Aluminum
Leaders (material and size):_
Sidewall: X White cedar shingles _
❑ Other
Trim: A. Wood ❑Pine ❑Redwood []Cedar ❑Other -Tu tml-cH EX1571^%G-
B. Treatment ❑ Paint ❑ Natural to weather ❑ Other CO �`'1AFcj4 C)YST7N G
C. Dimensions: Fascia I M E Rake T/''tt= Soffit (Overhang) !M & Corner boards TMC Frieze Fns
Window Casing iME Door Frame T -ML Columns/Posts: Round Square
Windows': L Double Hung ❑ Casement ❑ All Wood ❑ Other To M 14 6)Q -S r tn/ 6 -
El True Divided Lights (mu ntins), single pane Cg, SDL'S (Simulated Divided Lights) Manufacturer To Mkfct4 [')c(5Too G -
Doors' (type and material): ❑TDL gSDL Front Rear Side AAtDERSE/✓
Garage Door(s): Type Material
Hardscape materials: Driveways Walkways Walls
Note: Complete door and window schedules are required.
COLORS
Sidewall To wee ('1 C It Clapboard (if applicable) Roof
Trim VVHI-ITf -('HLr Sash WHI'rC `TMG Doors Whitt: —M
Deck Foundation Fence Shutters
' Attach manufacturer's color samples if color is not from HDC approval list.
Rough Opening
Rough Opening
❑ Copper ❑ Leaders (material)
ILength:
Size Location
Size Location
❑ Clapboard (exposure: inches) Front ❑ Side
I hereby authorize the agent named above to act on my behalf to make changes in the sp9yfications or the plans contained in this application in order to bring the applica-
tion into compliance with the HDC guidelines. I hereby agree to abide by and comp) with a terms and conditions of this application. I hereby agree that the submission of
any revision to this application will initiate a new sixty-day review period.
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Property Information
Property ID 56 151.1
Location 3 POND RD
Owner BRESCHER JOHN B TR
7
] S6105 Sir 471 4
U 1 M274
56167 , - N 6
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.
Geometry updated 11/1312018
Data updated 11/19/2018
SOMEifET6D
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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.
Geometry updated 11/1312018
Data updated 11/19/2018
Vision Government Solutions
3 POND RD
Location
3 POND RD
Acct#
00004131
Assessment
$1,440,900
Building Count
2
Current Value
NANTUCKET, MA 02554
Mblu 56/ / 151/1 /
Owner BRESCHER JOHN B TR
PID 4131
Page 1 of 4
Assessment
Valuation Year
Improvements
Land
Total
2019
$724,400
$716,500
$1,440,900
Owner of Record
Owner BRESCHER JOHN B TR
Sale Price
$1,440,000
Co -Owner 3 POND RD NOMINEE TRUST
Certificate
C0026211
Address 37 CENTER STREET
Book & Page
C0026211
NANTUCKET, MA 02554
Sale Date
09/30/2016
00
Instrument
00
Ownership History
Ownership History
Owner Sale Price Certificate Book & Page Instrument Sale Date
BRESCHER JOHN B TR
$1,440,000
Year Built:
C0026211
00
09/30/2016
HANSON JANET
$1,025,000
Building Percent
C0023280
00
07/15/2009
CLOUGH DAVID &JANE B
$760,000
Less Depreciation:
C0020876
00
09/15/2003
JEKANOWSKI PHILIP M &
$0
C0015/ 949
99
10/04/1993
JEKANOWSKI PHILIP M &
$125,000
C0012/ 704
10/16/1986
Building Information
Building 1 : Section 1
Year Built:
FJ.988Building Photo
Living Area:
1,872
Replacement Cost:
$534,300
Building Percent
80
Good:
Replacement Cost
Less Depreciation:
$427,400
Building Attributes
Field
Description
Style
Cape Cod
8/2/2019
Vision Government Solutions
Model
Residential
Grade:
Avg to Good
Stories:
1.75
Occupancy
1
Exterior Wall 1
Wood Shingle
Exterior Wall 2
Board & Batten
Roof Structure:
Gable/Hip
Roof Cover
Asph/F GIs/Cmp
Interior Wall 1
Drywall/Sheet
Interior Wall 2
Cust Wd Panel
Interior Fir 1
Hardwood
Interior Fir 2
Heat Fuel
Gas
Heat Type:
Hot Air -no Duc
AC Type:
None
Total Bedrooms:
4
Total Bthrms:
3
Total Half Baths:
0
Total Xtra Fixtrs:
Total Rooms:
Bath Style:
Average
Kitchen Style:
Modern
Building 2 : Section 1
Year Built:
1987
Living Area:
741
Replacement Cost:
$340,197
Building Percent
87
Good:
STP
Replacement Cost
36
i - nanrPrintinn!
096.000
Building Attributes : Bldg 2 of 2
Field
Description
Style
Cape Cod
Model
Residential
Grade:
Avg to Good
C!
Page 2 of 4
® Balding Photo
(http://images.vgsi.com/photos/NantucketMAPhotos/AOO\03
\97/09.Jpg)
Building Layout
Building Sub -Areas (sq ft) L2920111
Gross Living
Code Description
Area Area
BAS
First Floor
1,164
1,164
TQS
Three Quarter Story
944
708
STP
Stoop
36
0
WDK
Deck, Wood
388
0
2,532
1,872
Building Photo
V
8/2/2019
Vision Government Solutions
Stories:
1.75
Occupancy
1
Exterior Wall 1
Wood Shingle
Exterior Wall 2
676
Roof Structure:
Salt Box
Roof Cover
Asph/F GIs/Cmp
Interior Wall 1
Drywall/Sheet
Interior Wall 2
442
Interior Fir 1
Pine/Soft Wood
Interior Fir 2
Concr Abv Grad
Heat Fuel
Gas
Heat Type:
Hot Air -no Duc
AC Type:
None
Total Bedrooms:
1 Bedroom
Total Bthrms:
1
Total Half Baths:
1
Total Xtra Fixtrs:
Total Rooms:
Bath Style:
Average
Kitchen Style:
Modern
C
Extra Features
Page 3 of 4
® Building Photo
(http://images.vgsi.com/photos/NantucketMAPhotos//\00\03
\88/71.Jpg)
Building Layout
(http://images.vgsi.com/photos/NantuCketMAPhotos//Sketches/4
Building Sub -Areas (sq ft) Legend
Code
Description
Gross
Area
Living
Area
TQS
Three Quarter Story
676
507
BAS
First Floor
234
234
FGR
Garage, Finished
442
0
PTO
Patio
200
0
STP
Stoop
9
0
1,561
741
Extra Features Lecienc
No Data for Extra Features
Land
Land Use Land Line Valuation
Use Code 1090 Size (Acres) 0.49
Description MULTI HSES M01 Frontage 0
8/2/2019
Vision Government Solutions
Zone R20
Neighborhood 475
Alt Land Appr No
Category
Outbuildings
Depth 0
Assessed Value $716,500
Page 4 of 4
Outbuildings Leciend
Code Description
Sub Code
Sub Description
Size
Value
Bldg #
SHD1 SHED FRAME
$1,277,300
2017
84 S.F.
1 $1,000
1
Valuation History
Assessment
Valuation Year
Improvements
Land
Total
2018
$521,500
$755,800
$1,277,300
2017
$524,000
$755,800
$1,279,800
2016
$509,700
$785,200
$1,294,900
2015
$526,500
$518,600
$1,045,100
2014
$526,500
$394,200
$920,700
id=4131
(c) 2019 Vision Government Solutions, Inc. All rights reserved.
8/2/2019
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Town and C:nunty of Nantucket. MA November 12, 2019
3 Pond Road
5614.4
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Property Information
Property ID 56 151.1
Location 3 POND RD
Owner BRESCHER JOHN 8 TR
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.
Geometry updated 11/13/2018
Data updated 11/19/1018
%JrJLf •
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: November )__, 1995
To: Parties in Interest and.Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No. 056-95
Owner/Applicant:
PHILLIP M. JEKANOWSKI AND ELIZABETH
D. COLLIER Alt -9
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.
Micha 1 J O'Mara . Chairman
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET
ZONING BY --LAW §139-301 (SPECIAL PERMITS); §139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
Assessor's Map
Parcel 151.1.
Residential -2
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
56 3 Pond Drive
Land Court Plan 14870-7
Lot 132 IS-9,vl?
Cert. of Title 4-2`7 '
071'70'7
At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS,
held on FRIDAY, OCTOBER 13, 1995, at 1:00 P.M., in the Selectmen's
Meeting Room, Town and County Building, Broad Street, Nantucket, MA,
on the Application of PHILLIP M. JEKANOWSKI AND ELIZABETH D. COLLIERA
of 3 Pond Drive, Nantucket, MA 02554, Board of Appeals File No.
056-95, the Board made the following Decision: *&,e# r3� C• J
1. Applicants request a FINDING that a garage structure is
protected from enforcement action pursuant to M.G.L. ch 40A, §7 and
further seek relief by VARIANCE pursuant to Zoning By -Law -§139-32
from the requirements of Zoning By -Law §139-16A (Intensity
Regulations - front yard setback). Applicants propose to construct a
secondary single-family dwelling unit within an existing garage
structure that is sited 12+ feet from the front yard lot line in a
district that requires a minimum front yard setback of 30 feet.
The premises is located at 3 POND DRIVE, Assessor's Map 56,
Parcel 151.1, Land Court Plan 14870-7, Lot 132. The property is zoned
Residential -2.
2. The Decision is based upon the Application and materials
submitted with it, and testimony and evidence presented at the
Hearing. The Planning Board made an unfavorable recommendation. There
were two (2) letters and one (1) petition, signed by five (5)
abutters, on file supporting the proposed conversion of the second
floor of the garage into a dwelling unit. The Building Commissioner
also spoke in favor of the grant of relief.
3. The Applicants purchased this property in 1986 when there was
one (1) structure located on it, the subject garage, which was built
in 1980. At the time of construction of the garage the Locus had been
part of a larger lot and considered a use ancillary to the single
family dwelling and office contained therein. In 1984 the predecessor
in title subdivided the property into Lot 132 (the "Locus") which
contained the garage and Lot 133 which contained the dwelling and
office. Lot 132 then measured its frontage along Pond Drive and Lot
133 maintained Hussey Farm Road as its frontage. When the two (2) lots
had been considered as one (1) the Lot met front yard setback
requirements from Hussey Farm Road and further, met the 10 -foot side
yard setback requirement for the garage from Pond Drive. When the Lots
were subdivided, the lot with the garage on it became non --complying as
to front yard setback being sited 12 feet from its front yard lot line
as measured from Pond Drive rather than the required 30 feet.
071707
However, no enforcement action was ever taken and the garage has
remained in the same location from the date of the 1984 subdivision
until the present. Applicants subsequently received a Building Permit
and Certificate of Occupancy to construct a single family dwelling at
the rear of the Lot that met all dimensional requirements and in 1990
received a Building Permit to construct a deck onto the house.
Applicants now propose to renovate the two -car garage
structure and convert second floor space into a garage apartment.
There would be no increase in the footprint of the structure and any
additions that will be made to accommodate exterior stairway access
and placement of shed dormers on the structure would be made outside
of the 30 -foot setback area. Applicants would be allowed to convert
said space and have a secondary dwelling unit on the premises as a
matter of right were the garage sited outside of the setback area. Any
alteration to a non -complying structure would have to be made by
Variance.
Applicants represent that moving the structure would be
difficult and cause extreme financial difficulty, costing several
thousand dollars. The placement of the existing septic system and
leaching field would severely hamper relocation to a point outside of
the required setbacks while still maintaining the required 12 -foot
distance from the principal dwelling. Applicants stated that the
nearest abutter, at 5 Pond Drive, preferred that the garage remain in
its present location to minimize infringement on his privacy which
would occur should the garage be relocated. The abutter at 10 Hussey
Farm Road also expressed the same concern and preference. However,
both supported the addition of the garage apartment. It was also noted
that Applicants had been before this Board in 1986 (BOA File No.
132-86) asking for similar relief but the Application was withdrawn
without prejudice.
4. The Board finds that the garage structure is protected by the
10 -year curative statute from any enforcement action. The Board
further finds that due to the facts as presented in this case, and the
overwhelming neighborhood support for the proposal, and owing to the
unique location of the structure and difficulty relocating it,
conditions especially affecting the Locus but not affecting generally
the zoning district in which the Locus is situated, a literal
enforcement of the provisions of the By -Law would involve substantial
hardship, financial and otherwise, to the Applicants (in that they had
purchased a lot in good faith with a non -complying structure on it)
and the desirable relief may be granted without substantial detriment
to the public good and without nullifying or substantially derogating
from the intent or purpose of the By -Law.
5. Accordingly, by a vote of four (4). in favor (O'Mara, Williams,
Leichter and Waine) and one (1) abstaining (Balas), the Board GRANTS
the requested relief by VARIANCE under Zoning By-Law,§139-16A to
allow conversion of the second floor garage space into a secondary
dwelling unit and further makes the finding that the garage structure
is protected from enforcement action by the curative statute subject
471707
to the following conditions:
a. The apartment shall be limited to year-round occupancy;
and
b. The footprint of the garage structure shall remain
substantially unchanged, and that any additions to allow for second
floor access and dormers shall be made outside of the 30 -foot setback
area.
U`
Mich1ael J. O'Mara
// _.4 / A
Dated: NovemberP—, 1995
L
F/7 Wi
Mbert J. chter
Da e W. Waine
Ann G. Balas
RECEIVED
To"VN CLERK'S OFFICE
NANTUCKP-r hAA 02554
NOV 0 21995
CLERKi
I CERTIFY TFHAT_20ayS HAVEELkpSMAFTE.R THE DECIS"
WAS FILED IM THE OFFIHAT
CE.0F iHE7TMN CLERK, A 11 AWS
NO APPEAL MAS BEEN7P9,
+40 A+ SECii01t.11 K
AP.R` A 2.X96
(10022'
106203
TOWN OF NANTUCKET ORIGINAL
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: 1MbUr 20 , 2U0y
To: Parties in Interest and.Others concerned with the
Decision of the BOARD OF APPEALS ih the Application of the
following:
Application No.: �--03
Owner/Applicant :_ �(PU (�(I \ ICRJ 1�(A p
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket Town
Clerk.
0
An Appeal from this Decision may be taken pursua ,to
Section 17 of Chapter 40A, Massachusetts Generalaws.
Any action appealing the Decision must be broughty CD
rji
0
filing an complaint in court within TWENTY (20) . d;a-ys after
this day's date. Notice of the action with a copy�6f thew
complaint and certified copy of the Decision must be givem
to the Town Clerk so as to be received within such TWENTY"
(20) days.
c S Chai-rman
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILT, EXPIRE IF NOT ACTED -UPON ACCORDING'TO NANTUCKET
ZONING BY-LAW $139-301 (SPECIAL PERMITS); $139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
Assessor's Map 56
Parcel 151.1
Residential -2
106203
Zoning Board of Appeals
1 EAST CHESTNUT STREET
Nantucket, Massachusetts 02554
3 Pond Drive
LC PLN 14830-7
Lot 132, C.O.T. No. 20,876
At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, December 12,
2003 at 1:00 P.M., in the Conference Room, in the Town Annex Building, 37 Washington Street,
Nantucket, Massachusetts, the Board made the following Decision on the Application of DAVID
CLOUGH AND JANE B. CLOUGH, c/o Vaughan, Dale and Hunter, P.C., Whaler's Lane, P.O.
Box 659, Nantucket, MA 02554, on Board of Appeals File No. 087-03;
Applicants are seeking a MODIFICATION of previously granted VARIANCE
relief in the Decision in Board of Appeals File No. 056-95 that allowed the construction of a
second floor over an existing garage structure to provide a secondary dwelling. The garage was
sited within the required 30 -foot front yard setback area in 1980. Applicants are now proposing
to expand the living space into the first floor area of the garage space, while maintaining a single
garage space. Entry steps added on the westerly side of the structure within the required 30 -foot
setback area would be removed and access would be provided outside of the 30 -foot setback
area. The Premises is located at 3 POND ROAD, Assessor's Map 56, Parcel 151.1, Land Court
Plan 14830-7, Lot 132. The property is zone Residential -2.
2. The Decision is based upon the Application and materials submitted with it and
testimony and evidence presented at the Public Hearing. The Planning Board made no
recommendation in this matter as the matter was not of planning concern. There was one letter
in support of the Application presented at the Public Hearing.
Applicants, through counsel, represented that the Locus was a portion of a bigger
corner lot that had been subdivided into two parcels in 1984. Upon subdivision newly created
Lot No. 133, abutting the Locus to the east, was benefited by and subject to a front yard setback
taken from Hussey Farm Road and side yard setback from Pond Road. However, upon
subdivision, newly created Lot 132, the Locus, which until then had been subject to a ten -foot
side yard setback, now took frontage off ofPond Road and was therefore benefited by and
()0Ur 11
109203
subject to the thirty-foot front yard setback required in the zoning district. Consequently, the
subdivision left the Locus with a garage, originally sited outside of the ten -foot side yard setback
prior to subdivision, now sited within the thirty-foot front yard setback area.
Applicants explained that in 1995 Applicants' predecessors -in -interest applied to
the Nantucket zoning Board of Appeals for a Variance to ratify the siting of the existing
nonconforming garage within the thirty-foot front yard setback area and for permission to
convert the second floor of the garage into a secondary dwelling. The Board in the Decision in
BOA File No. 056-95 granted the requested relief provided that there was no expansion of the
footprint within said setback area and that the apartment be limited to year-round occupancy
4. Applicants are now requesting a Modification to that Variance to include the
highlighted portion of the following text: "...conversion of the second floor garage space as weU
as a portion of the first flgor r &Ma space into a secondary dwelling." Applicants stated that
the planned conversion of a portion of the first floor garage space would include living area as
well as kitchen facilities, while leaving one conforming parking bay for use as a garage on the
first floor. There would be no expansion of the footprint or any further intrusion into the required
30 -foot front yard setback area.
5. Therefore, based upon the foregoing, the Board finds that the requested
Modification of the conditions in the Variance granted in the Decision in BOA File No. 056-95
to now allow alteration of the interior first floor space to allow an expansion of the living space,
without expansion of the footprint within the required 30 -foot front yard setback area, would not
be substantially more detrimental to the neighborhood than the existing nonconformity and
further reaffirms the Variance related findings made in said Decision.
5. Accordingly, by an UNANIMOUS vote, the Board GRANTS the requested
MODIFICATION of the VARIANCE granted in the Decision in Zoning Board of Appeals File
No. 056-95, under Nantucket Zoning By-law 139-16A, to allow the conversion of the expansion
of the second floor living space of the secondary dwelling into a portion of the first floor garage
space, while maintaining a one -bay garage space for parking, subject to the following conditions
(which incorporates the conditions contained in the previous Decision):
106203
of o 0 (a) The apartment shall be limited to year-round occupancy;
(b) The footprint of the garage structure shall remain substantially unchanged,
and any additions to allow for second floor access and dormers shall be
made outside of the 34 -foot setback area; and
(c) The apartment shall be limited to a single bedroom.
January �O, 2
�.r
C. Richard in Dale Waine
OL
dward . Toole hae J. pWI,ara
Edward Murphy
f�
i 4 NANTUCKET
Cert: 23280 Doc: MOD TOWN CLERK
Registered: 08/15/2016 01:25 PM
2016 JUL 25 PM 2: 00
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: July 7, 2016
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 18-16
Current Owner /Applicant: JANET HANSON
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Torn 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 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.
60 0 11,iVt di-11AC, 0 - i q
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 56, Parcel 151.1 Certificate of Title No. 23280
3 Pond Road Land Court PIan 14830-7
Residential Twenty (R-20) Lot 132
DECISION:
I . At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, June 9,
2016, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of JANET HANSON, 18 Banks Farm Road, Bedford,
New York 10506, File No. 18-16:
2. Applicant is seeking modification of prior Variance relief in order to remove the
condition that the second dwelling be restricted to year-round occupancy. Prior relief validated
the siting of the garage structure within the front yard setback and the conversion of a portion of
the garage into a second dwelling. No change in footprint is proposed. The Locus is situated at 3
Pond Road, is shown. on Assessor's Map 56 as Parcel 151.1, and as Lot 132 upon Land Court
Plan 14830-7. Evidence of owner's title is registered on Certificate of Title No. 23280 at the
Nantucket County District of the Land Court. The site is zoned Residential 20 (R-20).
3. Our decision is based upon the application and accompanying materials, representations,
and testimony received at our public hearing. There was no Planning Board recommendation on
tlhc basis that no matters of planning concern were presented. Opposition, both written and oral,
u as presented at the public hearing.
4. The Locus, shown on plan entitled "As -Built Plot Plan in Nantucket, NIA", dated October
1, 2009, prepared for Janet f ianson by Bracken Engineering, Inc., and attached herewith as
"Exhibit A", contains 21,142 square feet of lot area in the R-20 zoning district where minimum
lot area is 20,000 square feet and has one hundred (100) feet of frontage on Pond Road, where
seventy-five (75) feet is required. It is improved with a dimensionally compliant primary
dwelling having a footprint of 913 square feet and a "garage/cottage" containing approximately
676 square feet of ground cover and sited as close as twelve (12) feet from Pond Road where
minimum front yard setback is thirty (30) feet. Total ground cover is 7.5% where maximum
allowable is 12.5%.
5. Attorney Steven L. Cohen, who represented the Applicant at the hearing, explained that
the property has been granted prior relief in 1995, 2003, and 2007. The locus was originally pan
of a larger parcel which was subdivided in 1984 into two lots. The subdivision resulted in
frontage, originally taken from Hussey Farm Road, being moved to Pond Road. This rendered
tho garage structure, built in 1980, nonconforming as to 'front yard setbacks', whereas it was
previously conforming when Pond Rd. was the established side yard.
2
In 1995, a prior owner was granted Variance relief to 1) validate the frontyard setback intrusion,
and 2) approve the conversion of the second floor of the nonconforming garage structure into an
apartment, while maintaining the two -car garage space on the first floor. The following
conditions were imposed in this decision:
a. The apartment shall be limited to year-round occupancy; and
b. The footprint of the garage structure shall remain substantially unchanged,
and that any additions to allow for secondfloor access and dormers shall be
made outside of the 30 foot setback area.
In 2003, another prior owner obtained approval to modify said Variance in order to convert one
of the two first floor garage bays into additional living space for the second floor apartment. This
decision retained the prior conditions and added a P which was:
c. The apartment shall be limited to a single bedroom.
In 2007, the same prior owners requested and received further relief to allow the conversion of
the entire garage structure into a second dwelling. However, this decision was neither recorded
nor exercised and the Building Permit originally pulled for said relief was voided. The prior
conditions were retained, with the exception that condition `c' was slightly modified to read:
C. The secondary dwelling shall be limited to a maximum of one bedroom without
further relieffrom this Board.
Applicant purchased the property in 2009 and has made some modest improvements to the
dwelling and garage apartment, but nothing that required additional relief or modification
thereto. The applicant is requesting to remove only the year-round occupancy condition.
6. Specifically, applicant seeks to eliminate, or in the alternative, to clarify the above
referenced "Condition X' contained in the following Variance and two subsequent Modifications
thereto:
I ) Board of Appeals File No. 056-95 granted to Phillip M. Jekanowski & Elizabeth 1).
Collier — registered with the Nantucket County District of the Land Court as Document
71707;
2) Board of Appeals file No. 087-03 granted to David Clough & Jane B. Clough -
registered with the Nantucket County District of the Land Court as Document 106203;
3) Board of Appeals File No. 023-07 granted to David Clough & Jane B. Clough — never
registered with the Nantucket County Registry District of the Land Court.
7. Therefore, based on the application materials and testimony received at the public
hearing, the Board finds that the subject condition may be clarified, rather than eliminated. The
Board observed that the original intent of imposing the restriction was to support the creation of
available housing for year-round residents, and the need for such housing continues to be
prevalent on island.'le the restriction does not allow the owner to rent on a short term basis.
it (toes not exclude casual use by the owner or guests and family members of the owner. Based
on the foregoing, the Board made a determination to modify the condition to allow for rentals of
the "garage/cottage" to be limited to year-round rentals of not less than twelve (12) months.
3
8. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals made
the determination to modify the previous decisions by replacing the above referenced "Condition
A" in the following manner:
a. The rentals of the apartment to prospective tenant(s) shall be for periods not less
than twelve (12) consecutive months;
b. All other relief granted and conditions in above -referenced of prior Decisions
shall remain in full force and effect.
Assessor's Map 56, Parcel 151
3 Pond Road
Residential Twenty (R-20)
Dated: Atth--, bb", 2016
Lq
AUG 1$20
I CERTIFY THAT 20 DAYS HAVE ELAPSED AFTER
THE DECISION WAS FILED IN THE OFFICE OF THE
TOWN CLERK, AND THAT NO APPEAL HAS BEEN
FILED, PURSUANT Td GENERAL LAWS 40A,SECnON 11
ATTEST: ATRUE COPY
NANTUCKET TOWN CLERK
Nantucket, ss
Certificate of Title No. 23280
Land Court Plan 14830-7
Lot 132
COMMONWEALTH OF MASSACHUSETTS
On die Z z day of b , 2016, before me, the undersigned notary public,
personally appeared hv. K.0,wAl-A-t-, , one of the above-named members of
the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose
name is signed on the preceding document, and acknowledged that he/she signed the foregoing
instrument voluntarily for the purposes therein expressed.
tld-1�4111
Notary Public:
MyWe
7NOTARY
SON SNELL
UC
A40L 6 M
20, 2056
Tri BfE It711N
GWR77fY MAT MC aNC AND
1,uPROYE7NENT5' SHomN *W LOCA IED BY AN
AC MAL fXW RR WY AND ME 4WiW576WS
_910 WV AR£ ACaJRA7E 727 Wr PEST Or MY
ANOI EMa'- AND BEUEf: '
RR6VFS570NA1 LAND .SURVEYOR
Pr B -- - -
CKIEN Engen-Swvt+rr+H
,ARAEmrlmwrrortmintd PermFtting
19 Old South Road, P.O. Box 3525
Nantucket, MA 02584
Phone:508-325-0044 Fax: 508-833-2-282
7�9NG CLASSilGAT1CN
MINIMUM LOT SIZE
R-20
REW
20,000 S.F.
E)OSTIN
21,1x2 S.F.
MINIMM FRONTAGE
75'
100'
FRONT SETBACK
ELM.
12'•
S1DE/REAR SETBACK
10'
17
GROUND COVER RATIO
12.5%
7.5%
rJ
c+acwwx k'
:Fw�
�DFCY `j9l�tt Sri
S
5b -'S;
.56-1.:
u
ti SHED
gal
t
1
P,rA(WO -OARALXII
— --
...ti.....
►. lascrt�r
b
k !oa Lir
i
r
4_Q193' (W - CR)
cs__dr Ka -v r,^, Mi
c1s=�
POND ROAD
L1r NAN7tIIL7CE'T (0' WDE)
Tri BfE It711N
GWR77fY MAT MC aNC AND
1,uPROYE7NENT5' SHomN *W LOCA IED BY AN
AC MAL fXW RR WY AND ME 4WiW576WS
_910 WV AR£ ACaJRA7E 727 Wr PEST Or MY
ANOI EMa'- AND BEUEf: '
RR6VFS570NA1 LAND .SURVEYOR
Pr B -- - -
CKIEN Engen-Swvt+rr+H
,ARAEmrlmwrrortmintd PermFtting
19 Old South Road, P.O. Box 3525
Nantucket, MA 02584
Phone:508-325-0044 Fax: 508-833-2-282
7�9NG CLASSilGAT1CN
MINIMUM LOT SIZE
R-20
REW
20,000 S.F.
E)OSTIN
21,1x2 S.F.
MINIMM FRONTAGE
75'
100'
FRONT SETBACK
30'
12'•
S1DE/REAR SETBACK
10'
17
GROUND COVER RATIO
12.5%
7.5%
►SEE VARIANCE RECORDED AS L.C. DOC. /71707
NOTES
1. OWNER: JANET HAI+ISON
2. DEED REFERENCE: LC CERT, 23280
3. PLAN REFERENCE-- LC PLAN 14930-7
AS—BUILT PLOT PLAN
M NANTUCKET, NA
Propomd For:
JANET HANSON
3 POND ROAD
MAP 50 PARCEL 151.1
Town of Nantucket
Zoning Board of Appeals
1510
410 9SS F�
2 Tp 09
P; 1 �p s
GQr.
i i 0b ,oO
p
��J' LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER.... _C�
MAILING ADDRESS ........ ........
PROPERTY LOCATION.......... �...'��.���........ . .........................
ASSESSOR MAP/PARCEL.......�?...:.. /�!:..� ...............................
APPLICANT ............ c.l� Y 2.f.. .......y�....... i ................ ..............
..................
SEE ATTACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting
property, owners of land directly opposite on any public or private street or way;
and abutters of the abutters and all other land owners within 300 feet of the
property line of owner's property, all as they appear on the most recent applicable
tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 40A
Section 139-2
DATE
ASSESSOR'S OFFICE
Town of Nantucket
r
LOCKLEY MARY P HARVEY ROBIN LEE SILFEN ERIC LIFE ESTATE
7 MEADOW VIEW DR 5 MEADOW VIEW DR C/O ERIC SILFEN
NANTUCKET, MA 02554 NANTUCKET, MA 02554 PO BOX 3711
NANTUCKET, MA 02584-3711
DEE TIMOTHY J & SUSAN G
1 ARLINGTON ROADO
WELLESLEY. MA 02481
STARR MICHELE M & JAMES
9A HUSSEY FARM RD
NANTUCKET, MA 02554
MANCHESTER WILLIAM P & AMY L
3 MANCHESTER CIRCLE
NANTUCKET, MA 02554
KLATT JONATHAN G & SANDRA L
7A HUSSEY FARM RD
NANTUCKET, MA 02554
OBRIEN EDWARD A III & HUNT ELIZABETH MANCHESTER LAWRENCE & SUSAN L
P 0 BOX 3035 PO BOX 594
NANTUCKET, MA 02584 NANTUCKET, MA 02554
FLASTER RICHARD P TRUSTEE FALLS THOMAS ALAN ETAL FALLS THOMAS ALAN ETAL
4 HEATHER WY 258 BROADWAY # 5 258 BROADWAY # 5
MILL VALLEY, CA 94941 NEW YORK, NY 10007 NEW YORK, NY 10007
ADAMS JERRY W & MARY E
6 MEADOW VIEW DRIVE
NANTUCKET, MA 02554
LANG DIANE J
10 HUSSEY FARM RD
NANTUCKET. MA 02554
CHERVIN STANLEY K & ERIN L TRS CONNON ROBERT M & BARBARA J TR
CHERVIN FAMILY TRUST JOINT REV TRUST OF CONNON ROBE
4929 GLORIA DR M & BARBARA J
ENCINO, CA 91436 2 MEADOW VIEW DR
NANTUCKET, MA 02554
BRESCHER JOHN B TR RIZZO JOHN S ETAL
3 POND RD NOMINEE TRUST 112 BLEDDYN RD
37 CENTER STREET ARDMORE, PA 19003-1502
NANTUCKET, MA 02554
ALLISON KENT E TRST ALLEN ELISA H KUSZPA JOHN & ANNE P M
SEVEN POND ROAD REALTY TR 9 POND RD 11 POND RD
37 LORD WILLIAM PENN DRIVE NANTUCKET, MA 02554 NANTUCKET, MA 02554
MORRISTOWN, NJ 07960
HEYWORTH BENTON & KELLEY SHEEHAN KATHRYN K GODLESKY THOMAS A & KAREN J
24 JACKSON ROAD P 0 BOX 3834 4 POND RD
WELLESLEY, MA 02481 NANTUCKET, MA 02584 NANTUCKET, MA 02554
TAYLOR KIMBERLY K & NANCIE B GELLER HARRY & PAULA J BOUSQUET NICOLE
76 EASTON STREET 99 MOHAWK TRAIL PO BOX 844
NANTUCKET. MA 02554 STAMFORD, CT 06903 NANTUCKET, MA 02554
SEHOLM KATHERINE P GLIDDEN RICHARD J TRUSTEE MONTGOMERY CHRISTOPHER &
PO BOX 165 C/O CAPAUNO EDWARD BRIDGET C
SIASCONSET, MA 02564 82 KINGSBURY RD 3 PINKHAM Cl
NEW ROCHELLE, NY 10804 NANTUCKET, MA 02554
BLANK THEODORE J & CRISTINA KANE JOHN J JR & ANGELA M
10 POND RD 83 EAGLE ROCK ROAD
NANTUCKET, MA 02554 STOUGHTON, MA 02072
z t I L.' '..., 1'. -."1'. ..
7_-,4pNTUC/fFP\ *' i,1 _
3? '\,
y� gin:; —$ PM 3: 32
''9PoHATO__-= TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date : January 2 , 2020
To : Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No. : 33-19
Owner/Applicant: JOHN B. BRESCHER, TRUSTEE
3 POND ROAD NOMINEE TRUST
Property Description: 3 Pond Road
Map 56 , Parcel 151 . 1
Enclosed i's 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 .
/67:
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 56, Parcel 151.1 Certificate of Title No. 26211
3 Pond Road Land Court Plan 14830-7
Residential Twenty(R-20) Lot 132
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, December
12, 2019, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of John B. Brescher, Trustee of 3 POND ROAD
NOMINEE TRUST, 3 Pond Road,Nantucket, MA 02554, File No. 33-19:
2. Applicant is seeking modification of prior Variance relief, as previously modified, in
order to remove the condition that prohibits second floor dormers within the front yard setback.
To the extent necessary, Applicant also requests relief by Variance pursuant to Zoning By-law
Section 139-32 for a waiver from the front yard setback provision in Section 139-16.A in order
to allow second-floor dormers on the secondary dwelling structure as close as 26.1 feet from the
front yard lot line. The subject structure is sited as close as 12.9 feet from the front yard lot line
where minimum front yard setback is thirty (30) feet. No change in footprint is proposed. As
with prior modifications, the remainder of the relief shall remain in full force and effect. The
Locus is situated at 3 Pond Road, is shown on Assessor's Map 56 as Parcel 151.1, and as Lot 132
upon Land Court Plan 14830-7. Evidence of owner's title is registered on Certificate of Title No.
26211 at the Nantucket County District of the Land Court. The site is zoned Residential 20 (R-
20).
3. Our decision is based upon the application and accompanying materials, representations,
and testimony received at our public hearing. There was no Planning Board recommendation on
the basis that no matters of planning concern were presented. There was no opposition, written
and oral,presented at the public hearing.
4. The Locus, shown on plan entitled "Proposed Plot Plan in Nantucket, MA.; 3 Pond
Road", dated November 6, 2019, prepared Joseph Marcklinger, P.L.S., and attached herewith as
"Exhibit A", contains 21,143 square feet of lot area in the R-20 zoning district where minimum
lot area is 20,000 square feet and has one hundred (100) feet of frontage on Pond Road, where
seventy-five (75) feet is required. It is improved with a dimensionally compliant primary
dwelling having a footprint of 1,332 square feet and a"garage/cottage" containing approximately
694 square feet of ground cover and sited as close as 12.9 feet from Pond Road where minimum
front yard setback is thirty (30) feet. Total ground cover is 9.58% where maximum allowable is
12.5%.
5. Attorney John B. Brescher, who represented the Applicant at the hearing, explained that
the property has been granted prior relief in 1995, 2003, and 2007. The locus was originally part
of a larger parcel which was subdivided in 1984 into two lots. The subdivision resulted in
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frontage, originally taken from Hussey Farm Road, being moved to Pond Road. This rendered
the garage structure, built in 1980, nonconforming as to `front yard setbacks', whereas it was
previously conforming when Pond Rd. was the established side yard.
6. In 1995, a prior owner was granted relief by Variance (Board of Appeals File No. 056-95
granted to Phillip M. Jekanowski & Elizabeth D. Collier—registered Document No. 71707)to 1)
validate the front yard setback intrusion, and 2) approve the conversion of the second floor of the
nonconforming garage structure into an apartment, while maintaining the two-car garage space
on the first floor. The following conditions were imposed in this decision:
a. The apartment shall be limited to year-round occupancy; and
b. The footprint of the garage structure shall remain substantially unchanged,
and that any additions to allow for second floor access and dormers shall be
made outside of the 30 foot setback area.
7. In 2003, subsequent prior owners obtained approval to modify said Variance in order to
convert one of the two first floor garage bays into additional living space for the second floor
apartment. This decision (Board of Appeals File No. 087-03 granted to David Clough & Jane B.
Clough — registered as Document No. 106203) retained the prior conditions and added a 3`d
which was:
c. The apartment shall be limited to a single bedroom.
8. In 2007, the same prior owners requested and received further relief(Board of Appeals
File No. 023-07 granted to David Clough & Jane B. Clough — never registered with the
Nantucket County Registry District of the Land Court) to allow the conversion of the entire
garage structure into a second dwelling. However, this decision was neither recorded nor
exercised and the Building Permit originally pulled for said relief was voided. The prior
conditions were retained, with the exception that condition 'c' was slightly modified to read:
c. The secondary dwelling shall be limited to a maximum of one bedroom without
further relief from this Board.
9. In 2016, the prior owner requested approval to eliminate, or in the alternative, to clarify
the above referenced condition 'a' contained in the original Variance and two subsequent
Modifications. The Board observed that the original intent of imposing the restriction was to
support the creation of available housing for year-round residents. The Board made a
determination to modify the condition and issued a decision (Board of Appeals File No. 018-16
granted to Janet Hanson—registered as Document No. 152432) to allow for the "garage/cottage"
to be limited to year-round rentals of not less than twelve (12)months. The prior conditions were
retained, with the exception that condition 'a' was modified to read:
a. The rentals of the apartment to prospective tenant(s) shall be for periods not less
than twelve (12) consecutive months;
10. The Applicant is requesting a further modification to prior Variance relief and, to the
extent necessary, new Variance relief from the intensity regulations of Section 139-16 to allow a
second-floor dormer on the secondary dwelling structure as close as 26.1 feet from the front yard
lot line as shown on the above-referenced"Exhibit A". Applicant maintains that the second floor
dormer intrusion is de minimis and, in fact, further from the front yard lot line than the front
3
elevation. The Applicant further explained, that, should the Board deem it necessary, new
Variance relief may be granted to allow additional massing within the front yard setback. The
proposal benefits from approval by the Nantucket Historic District Commission ("HDC") by
virtue of Certificate of Appropriateness No. 72933.
11. Based upon the foregoing, the Board approved the modification of above-referenced
condition `b' to allow for the addition of a second-story dormer to the secondary dwelling no
closer than 26.1 feet from the front yard lot line. The Board made the additional determination
that new relief by Variance was not needed as the dormer, while adding massing within the thirty
(30) foot front yard setback, is proposed no closer than 26.1 feet whereas the actual elevation is
as close as 12.9 feet from the southerly front yard lot line abutting Pond Road.
12. Accordingly, by a UNANIMOUS vote, the sitting Board made the finding that the
proposed MODIFICATION to the existing VARIANCES would be in harmony with the
purpose and intent of the Zoning Bylaw and that separate Variance relief is not necessary.
Specifically, the Board granted the request to modify the previous Variance decisions by
replacing the above referenced condition `b' in the following manner:
b. The footprint of the garage structure shall remain substantially
unchanged, and that any additions to allow for second floor access and
dormers shall be no closer than 26.1 feet from the front yard lot line.
The relief is further subject to the conditions that the proposal shall be in substantial
conformity with the above referenced "Exhibit A" and the plans approved in connection
with the aforementioned HDC approval (COA No. 72933), as the same may be amended
from time to time.
All other relief granted and conditions in above-referenced prior Decisions shall remain in
full force and effect.
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Assessor's Map 56, Parcel 151.1 Certificate of Title No. 26211
3 Pond Road Land Court Plan 14830-7
Residential Twenty (R-20) Lot 132
Dated: December 12, 2019 .0.0'�
Ctirr McC'ilW
, 0 I
Lisa Botticelli
/j . -
'dward T'ole
Azhai d*MA'
Michael J. O'Mara
Kerim Koseatac
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On the pr� day of t1A , 2020, before me,the undersigned notary public,
persona 11 y appeared 1 1 M.t() , one of the above-named members of
C.d�S�
the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose
name is signed on the preceding document, and acknowledged that he/she signed the foregoing
instrument voluntarily for the purposes therein expressed.
ORNotary Public. MEGN AP.;s!I ptRb!icUDEL
My Commiss Expires: 6=li
a!\� QOMMOMACHUJ
"EXHIBIT A"
0 20 40 60
MAP 56 A
PARCEL 149 SCALE: 1 INCH=20 FEET
N8974'44E —
r` 196.44' 1
0
C
COd-
I CERTIFY THAT THE BUILDINGS
Cj A/C U CM ARE LOCATED AS SHOWN HEREON
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�® 1.75 ST RY .1�% 0 1/' /L _I .
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22. BUILDING .. PH -R KLI G R 'LS. .
1,332 S.F.
DECK
13.•
ZONING CLASSIFICATION: R-2
MINIMUM LOT SIZE = 20.000 SQ. FT.
MINIMUM FRONTAGE = 75 FT.
FRONT YARD SETBACK = 30 FT.
REAR YARD SETBACK = 10 FT.
LOT 132 SIDE YARD SETBACK = 10 FT.
GROUND COVER RATIO = 12.5%
AREA=21,143 SOFT.
EXISTING GROUND COVER RATIO = 9.5
cn
N u MAP 56
Z 15. 5' c..1,
1v PARCEL 151
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O li m
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MAP 56
PARCEL 152
30.7 // // /i // //_ - '1
2ND. FLOOR ,
�..,
DORMER
1.75 STORY STONE DRIVE
11000
BUILDING -'__ _
�i 694 S.F. . i
30.0 i
�+ CONCRETE BOUND
`Q FOUND
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—— —— — 100.00' S8914'44•W
POND ROAD PROPOSED PLOT PLAN
NANTUCKET, MA.
'Fkms`-..' - (NANTUCKET COUNTY)
�sy'p� "fin:,', SCALE 1 IN.= 20 FT
02 JOEEP',I
0.
E. a,, 3 POND ROAD
JOSEPH MARCKLINGER P.L.S. p MA�CKL`I E'
iu 1 Rc 3,Nc., NOVEMBER 6, 2019
J. MARCKLINGER & ASSOCIATES, INC. 'h, \F'<, TFC_.2 '.;:' CERT.: 26211 L.C.C. 14870-7
PROFESSIONAL LAND SURVEYORS ��``
P.O.BOX 896 rrt; ASSESSORS MAP 56 PARCEL 151.1
NANTUCKET, MA. 02554
(310) 945-7054