HomeMy WebLinkAbout014-06
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
fJ1 a vdc t7-
200t€
To: Parties in Interest and Others concerned with the
~ljeclsTon of the BOARD OF APPEALS in the Appl ica rl'on of the
following: ;~:' )
;n
Owner/Applicant:
orV-{)&
Cht^\ {yJ- i+nc le~~{,()rJe~
Application No.:
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
com~laint and certified copy of the necision must be given
to the Town Clerk so as to be received within such TWENTY
( 20) days.
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 9139-301 (SPECIAL PERMITS); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 49.3.2
Parcel 4.2
SR-2
4 Jennifer Lane
Plan Book 21, Page 85, Lot 4
Book 215, Page 168
At a Public Hearing of the Nantucket Zoning Board of Appeals held at 10:00
A.M., Tuesday, February 14,2006, having been continued without opening from Friday,
February 10,2006, in the Conference Room, Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, on the Application of CARY M. HAZLE GROVE of
c/o Sarah F. Alger, P.C., Two South Water Street, Nantucket, MA 02554, Board of
Appeals File No. 014-06, the Board made the following Decision:
1. Applicant is seeking relief by V ARlANCE pursuant to Nantucket Zoning By-law
Section 139-16A (Intensity regulations - ground cover, setbacks,) to validate ground
cover of a new addition connecting two existing structures and to validate the siting of an
about 80 square-foot storage shed; and a SPECIAL PERMIT under Zoning By-law
Section 139-33A (alteration/expansion of a pre-existing, nonconforming structure/use).
Applicant proposes to construct an about 250 square-foot addition between the existing
garage apartment and the primary dwelling unit to increase interior living space (with the
removal of the apartment), and place a new basement foundation under the garage
apartment structure and breezeway, that would also entail construction of a basement
access on the easterly side of the structure within the required 30-foot front yard setback
area, though no closer than the existing structure. The addition would replace the open
breezeway and would not be sited any closer to the front yard lot line than the existing
structures and would increase the ground cover from about 1,525 square feet to about
1,775 square feet. A new front dormer would be constructed on the primary dwelling
within the required 30-foot front yard setback area within the existing footprint of the
structure and sited no closer than the existing structures. Applicant's property is
improved with a primary dwelling, constructed in 1988, and a garage/secondary dwelling,
constructed in 1984 and currently attached to the primary dwelling by an open 12-foot
breezeway, both pursuant to validly issued building permits and both benefited by
Certificates of Occupancy. The garage apartment and primary dwelling were constructed
during a time when the lot was afforded protection from a 1984 change in zoning from
Residential-l to Residential-2 and both structures were conforming to Residential-l
dimensional requirements at the time. In 2005 a new building permit was erroneously
issued based on Residential-l requirements as stated upon the building permit application
upon which the Applicant relied and proceeded to undertake the work. Consequently,
Applicant is now before the Board to allow the completion of the work as proposed and
indicated above that would otherwise have met Residential-l dimensional requirements.
The lot is nonconforming as to lot size with the lot containing about 8,089 square feet of
area in a district that requires a minimum lot size of20,000 square feet; as to front yard
setback with the primary structure being sited as close as about 9.1 feet from the front
yard lot line along Jennifer Lane in a district that requires a minimum front yard setback
of 30 feet; as to side and rear yard setback with the shed being sited as close as about 4.8
feet from the easterly side yard lot line and with the primary dwelling being sited as close
as about 6.4 feet from the southerly rear yard lot line in a district that requires a minimum
side and rear yard setback of ten feet; and as to ground cover with the lot having a ground
cover ratio of about 18.9% or about 1,525 square feet. The Premises is located at 4
JENNIFER LANE, SIASCONSET, Assessor's Map 49.3.2, Parcel 4.2, Plan Book 21,
Page 85, Lot 4. The property is zoned Sconset-Residential- 2.
2. The Decision is based upon the Application and materials submitted with it and
testimony and evidence presented at the hearing, including substantial photographic
evidence presented by the Applicant. The Planning Board made no recommendation on
the matter. The Applicant was represented by counsel at the Hearing. There were six
letters from abutters on file supporting Applicant's request for relief. Two additional
abutters gave verbal authorization to Applicant's attorney to state their support on the
record of the relief request in lieu of their writing letters and Applicant's attorney did so
at the public hearing.
3. Applicant, through counsel, represented that in April, 1984, voters at the
Nantucket Annual Town Meeting approved a change in the zoning district in which the
Locus is situated from Residential-l (R-l) to Residential-2 (R-2) (with a subsequent vote
several years later changing the relevant districts to SR-l and SR-2 do denote their
location in the Siasconset part of the Islane). Nantucket Zoning By-law Section 139-33F
(Pre-existing nonconforming uses, structures and lots) protects this category of parcel (a
lot for single-family residential use) for a period of five years from the effective date of a
change in zoning from the requirement of complying with the new more restrictive
intensity regulations. In other words, Applicant was able in 1984, for a period of five
years, to improve the Premises with a single-family dwelling and secondary dwelling
with customary appurtenances in compliance with the old R-l intensity regulations
notwithstanding the fact that the Locus was now situated within an R-2 zoning district.
4. Applicant's attorney explained that, pursuant to her "grandfathered" rights under
the Zoning By-law, Applicant constructed the existing garage/apartment first in time in
1984 pursuant to validly issued Town of Nantucket Building Permit # 3639-84 and was
issued a Certificate of Occupancy on October 11, 1988. The existing three-bedroom
single-family dwelling was subsequently constructed in 1988 by virtue of validly issued
Town of Nantucket Building Permit # 6387-88 and was issued a Certificate of
Occupancy on August 25, 1992. As explained herein, at the time of this construction, the
Premises was situated in the R-2 zoning district but was grandfathered and therefore
benefited by the Residential-l intensity regulations. The existing about 80 square-foot
shed was constructed in 2002 pursuant to validly issued Town of Nantucket Zoning
Permit # 225-02 and had been signed off by the Historic District Commission,
notwithstanding its nonconforming siting within the easterly previously required five-foot
side yard setback area under now SR -1, with a minimum of ten feet being required for
SR-2. Applicant stated that the builder of the shed thought that the Locus was situated
within the SR-l zoning district as the only records on file at the Building Department
indicated such with nothing being present in said file that referenced R-2 or SR-2.
4. With respect to this current application for relief, Applicant's attorney stated that
because of the construction history of the Premises, its Building Department file
containing no references to the R-2 (SR-2) zoning district, with all construction, apart
from the shed, having taken place under R-I standards, Applicant relied on such R-I
information when planning and applying for the requisite approvals and permits in good
faith. A review of the Building Department and Historic District Commission files by the
Applicant's designer when designing the addition in question led him to believe Locus
was situated in the less restrictive SR-I zoning district. As a result, the design in question
reflected ground cover appropriate to the SR-l zoning district and proposed alterations to
the existing structure believed to be outside of required setback areas and not in violation
of ground cover restrictions, when, in fact, the majority of the structures were now sited
within the more restrictive 30-foot front yard setback area, with a portion of the primary
dwelling sited within the ten-foot rear yard setback area, as opposed to the ten-foot front
and five-foot side yard setback requirements of the SR-l zoning district. This design was
submitted to the Nantucket Building Department, along with Historic District
Commission approvals, and subsequently a building permit was erroneously issued based
upon the SR-l zoning district requirements. The SR-l zoning information was clearly
indicated on the Building Department application for the permit and was not caught at the
time of submission by Building Department personnel in their review of the application
at a time when there would have been an opportunity for the Applicant to rectifY the
information prior to construction of the project. In other words, the mistake of the owner
and designer was compounded by an identical oversight during the vetting of the building
permit application by the Building Department.
5. Consequently, the Applicant, in reliance in good faith on the duly issued permit,
stated that she began construction of her new foundation, addition and other alterations to
the existing dwellings. She demolished a connecting breezeway between the two
dwellings, altering the walls substantially between the two structures, raised the
garage/apartment onto piers, had a full cellar foundation placed under the
garage/structure and former breezeway area with the intent of converting the
garage/apartment into additional living space for the primary dwelling with the removal
of the secondary dwelling and garage. New dormers were also planned within the
existing footprint for the primary dwelling but within the now required front yard setback
area. She then hired a surveyor to confirm the exact placement of the corners of the
foundation to ensure that the garage/apartment structure would be placed back down
outside of the setbacks as previously required for SR-l. The surveyor then brought to her
attention that the zoning district was in fact SR-2 and that the vast majority of her
structures were sited well within the currently required 30-foot front yard setback area. At
the time that the surveyor brought the error to the Applicant's attention, the Applicant
immediately stopped construction and submitted an application to the Zoning Board of
Appeals addressing these issues and seeking the relief stated hereinabove in Paragraph 1
to complete the project as proposed.
6. Applicant stated that the surveyor further informed her that her new ground cover
calculation, based on the issued building permit, was proposed to be about 275 square
feet above the maximum ground cover allowed in the SR-2 Zoning District for this pre-
existing, nonconforming lot, though with the new addition the structures would have
complied fully with the maximum ground cover ratio allowed for the SR-l zoning
district. The SR-l zoning district allows a maximum ground cover ratio of 30% or 1,500
square feet, whichever is greater for this lot. The SR-2 zoning district allows a maximum
ground cover of 12.5% or 1,500 square feet, whichever is greater. The about 8,089
square-foot lot was allowed a maximum ground cover under the SR-l zoning district of
about 2,427 square feet and under SR-2 requirements, 1,500 square feet. The Lot
currently contains about 18.9% ground cover ratio, or about 1,525 square feet of ground
cover. Applicant proposes to remove the open breezeway that does not count towards
ground cover calculations and replace it with an about 250 square-foot connecting
enclosed area that would allow the former garage/apartment to be converted to use as
interior living space for the primary dwelling unit. The new addition would increase
ground cover to about 1,775 square feet or about 22% ground cover ratio. Both
conforming to SR-l zoning district requirements but in excess ofthat allowed in SR-2.
Such work has already begun with the placement of the new foundation under the
addition area between the two structures, with the removal of the secondary dwelling unit
in the structure and with alterations taking place between the two structures to
accommodate the new addition that would be sited within the required 30- foot front yard
setback area but no closer to the front yard lot line than the existing structures. No
structure is proposed to be closer to any lot line than currently sited. Applicant
represented that the only place to site the existing shed was in its present location as due
to the irregular shape of the lot the only other open yard space available to the west of the
primary dwelling was rendered virtually unbuildable as there would be what amounted to
a negative building envelope due to the required 30-foot front yard and ten-foot rear and
side yard setback requirements.
7. Therefore, based upon the foregoing, the Board finds that the Applicant acted in
good faith and that there were a series of oversights by all parties involved that
contributed to the current situation. The Board further finds that owing to unique
circumstances relating to the irregular shape of the lot (being of a long, narrow
configuration and sited at the "hammer head" terminus of a private lane), and topography
of the structures contained therein, rendered non-conforming by the 1984 change in the
zoning district, especially affecting the property in question and not the SR-2 zoning
district as a whole, that a literal enforcement of the provisions of the By-law would
involve substantial financial hardship for the Applicant and that the Board could grant
relief to the Applicant to renovate the single-family dwelling and former
garage/apartment as proposed, and validate the siting of the ancillary shed structure
within the required easterly side yard setback area, without substantial detriment to the
public good and without nullifYing or substantially derogating from the intent or purpose
of the Nantucket Zoning By-law.
In addition, the Board finds that given the circumstance within which the
Applicant now finds herself, and further given the rather modest work proposed to be
done to the current structure within the required SR-2 front yard setback area, i.e., change
in use of the garage/apartment to use as part of the living space of the primary dwelling,
construction of the new addition within the required front yard setback area without
coming any closer to the front yard lot line than the existing structures, the construction
of dormers within the existing footprint, and placement of a new foundation under the
structure, the special permit relief requested by the Applicant would result in a situation
that would not be substantially more detrimental to the neighborhood than the pre-
existing nonconforming situation and the Board could therefore grant Special Permit
relief supported by such findings.
6. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief
by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A and further
GRANTS the requested relief by V ARlANCE pursuant to Zoning By-law Section 139-
16A to complete the project as proposed and to validate the siting of the shed, based upon
the following conditions:
(BOA File No. 014-06)
a. There shall be no secondary dwelling or accessory apartment unit located
upon the Premises, without further relief from this Board;
b. Work shall be done in substantial conformance with Historic District
Commission Certificate of Appropriateness # 46,933, as may be amended
from time to time; and
c. Work shall be done in substantial compliance with the "Plot Plan for #4
Jennifer Lane", done by Stephen J. Sullivan, of Nantucket Surveyors LLC,
dated January 23, 2006, a reduced copy of which is marked as Exhibit "A"
and attached hereto.
Dated: March 2-, 2006
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will
be held at 12:00 P.M.. FRIDAY, FEBRUARY 10,2006, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
CARY M. HAZLEGROVE
BOARD OF APPEALS FILE NO. 014-06
Applicant is seeking reliefby VARIANCE under Nantucket Zoning By-law
Section 139-16A (Intensity regulations - ground cover, setbacks,) to validate ground
cover of a new addition connecting two existing structures and to validate the siting of an
about 80 square-foot storage shed; and a SPECIAL PERMIT under Zoning By-law
Section 139-33A (alteration/expansion of a pre-existing, nonconforming structure/use).
Applicant proposes to construct an about 250 square-foot addition between the existing
garage apartment and the primary dwelling unit to increase interior living space (with the
removal of the apartment), and place a new basement foundation under the garage
apartment structure and breezeway, that would also entail construction of a basement
access on the easterly side of the structure within the required 30-foot front yard setback
area, though no closer than the existing structure. The addition would replace the open
breezeway and would not be sited any closer to the front yard lot line than the existing
structures and would increase the ground cover from about 1,525 square feet to about
1,775 square feet. A new front dormer would be constructed on the primary dwelling
within the required 30-foot front yard setback area within the existing footprint of the
structure and sited no closer than the existing structures. Applicant's property is
improved with a primary dwelling, constructed in 1988, and a garage/secondary dwelling,
constructed in 1984 and currently attached to the primary dwelling by an open 12- foot
breezeway, both pursuant to validly issued building permits and both benefited by
Certificates of Occupancy. The garage apartment and primary dwelling were constructed
during a time when the lot was afforded protection from a 1984 change in zoning from
Residential-l to Residential-2 and both structures were conforming to Residential-l
dimensional requirements at the time. In 2005 a new building permit was erroneously
issued based on Residential-l requirements as stated upon the building permit application
upon which the Applicant relied and proceeded to undertake the work. Consequently,
Applicant is now before the Board to allow the completion of the work as proposed and
indicated above that would otherwise have met Residential-l dimensional requirements.
The lot is nonconforming as to lot size with the lot containing about 8,089 square feet of
area in a district that requires a minimum lot size of 20,000 square feet; as to front yard
setback with the primary structure being sited as close as about 9.1 feet from the front
yard lot line along Jennifer Lane in a district that requires a minimum front yard setback
of 30 feet; as to side and rear yard setback with the shed being sited as close as about 4.8
feet from the easterly side yard lot line and with the primary dwelling being sited as close
as about 6.4 feet from the southerly rear yard lot line in a district that requires a minimum
side and rear yard setback of ten feet; and as to ground cover with the lot having a ground
cover ratio of about 18.9% or about 1,525 square feet.
The Premises is located at 4 JENNIFER LANE, SIASCONSET, Assessor's
M~ 49.3.2, ParceI4.2, Plan Book 21, pag~ property. is zoned Sconset-
Re..denh.I-2. W~
Dale Waine, Chairman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASE No.(]{5{--o0
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s): Cary M. Hazlegrove
Mailing address:_c/o William F. Hunter, Esq., Sarah F. Alger, P.c., Two South Water Street
Applicant's name(s): Same
Mailing address: Same
Locus address: 4 Jennifer Lane, Siasconset
Assessor's Map/Parcel: 49.3.2/4.2
Plan Book 21, Page 85 Lot No.: 4
Date lot acquired: 04/19/1984 Deed Ref: Book 215, Page 85 Zoning District: SR-2
Uses on Lot - Commercial: None NO Yes (describe)
Residential: Number of dwellings 1 Duplex_ Apartments 1 Rental Rooms
Building Date(s): All pre-date 7/72? NO or C of O(s)? YES
Building Permit Nos: #3639-84 (Garage/Apt); #6387-88 (3 Bedroom Dwelling); ZP #225-02 (Shed)
Previous Zoning Board Application Nos.: N/A
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
See Addendum attached hereto
I certify that the in~
knowledge, under th
tained herein is substantially complete and true to the best of my
enalties of perjury.
SIGNATURE:
Applicant
Attorney/Agent_X_
Wilram . Hunter, Esq.
(If not owner or owner's torn y, please enclose prooti of agency to bring this matter before the Board)
FO B ICE USE I /'
Application received on:l/1L-~ By: Complete: L/ Need copies?: \
Filed with Town Clerk:j_/Z11 I' . / Bu" "_ BY:Ccl){U
Fee deposited with Town Treasurer:LiZ--1 /cJQsy: iver requested?: Granted:_/_/_
Hearing notice posted with Town Clerk: LiZ 7 / ~ailed: -Lj B rX.s4&M: L/2iJ.fff& 2:../--z--t ~
Hearing(s) held on:---1---1_ Opened on:_/_/_ Continued to:_/_/_ Withdrawn?:_/_/_
DECISION DUE BY:---1_/_ Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_
DECISION APPEALED?:---1---1_ SUPERIOR COURT: LAND COURT Form 4/03/03
CARY M. HAZLEGROVE
- -- - -- - --- - - - - .... - - - - - - - - --
4 JENNIFER LANE. SIASCONSET
Cary M. Hazlegrove (Applicant), owner of 4 Jennifer Lane, Siasconset,
evidenced by deed dated April 19, 1984 and recorded in the Nantucket Registry of
Deeds in Book 215, Page 168, seeks (1) a Variance pursuant to Section 139-32 of the
Nantucket Zoning By-law, from the requirements of Section 139-16, Intensity
Regulations (Ground Cover Ratio)(Yard Setbacks), as amended, and (2) a Special
Permit pursuant to Section 139-33 A. (4) (a) and (b), Preexisting nonconforming uses,
structures and lots, as amended. Applicant requests a Variance to allow a ground
cover ratio higher than what would otherwise be allowed in the Zoning District due to
the enclosure and expansion of a breezeway currently connecting the Primary Dwelling
to the Garage/Apartment. Applicant further requests a Special Permit to allow the
alteration and extension of a preexisting, nonconforming dwelling by reconstructing an
existing roof dormer within the front yard setback and by the construction of two new
roof dormers (one on the front and one on the back of the connector between the
dwelling and garage/apartment) within the front yard setback; by enclosing and
expanding a breezeway; by expanding a front deck entry way to this proposed newly
constructed breezeway area while intruding into the front yard setback no further than
the preexisting non-conforming dwelling and garage; and by constructing a cellar weill
stairway access area while intruding into the front yard setback no further than the
preexisting non-conforming garage.
Locus is presently improved by a preexisting non-conforming wood-framed
single-family dwelling and garage/apartment connected by a twelve (12') foot
breezeway. The Premises is located in the Siasconset Residential-2 Zoning District.
Premises consist of a single parcel of land improved as described herein and shown as
Lot 4, on a Plan of Land dated October 13,1981, Michael G. Bachman, R.L.S, Robert
J. Leichter, P.E., recorded with the Nantucket Registry of Deeds, Book of Plans No. 21,
Page 85, and as Parcel 4.2 on Assessor Map 49.3.2.
With respect to Lot Area, the Premises is comprised of 8, 089 +/- square feet in
a zoning district with a minimum area requirement of 20,000 square feet. The single-
family wood-framed dwelling and garage/apartment is pre-existing, nonconforming as
to ground cover having a ground cover of 1525 +/- square feet and as to front yard
setback being sited almost entirely within the front yard setback in a zoning district
having a 30' front yard setback requirement. In all other respects, the Premises
currently conform to the dimensional requirements of the zoning by-law for a
preexisting single-family dwelling and garage/apartment in the SR-2 District.
CONSTRUCTION HISTORY
The existing garage/apartment was constructed first in time in 1984
pursuant to Town of Nantucket Building Permit # 3639-84 and was issued a
Certificate of Occupancy thereon on October 11, 1988. The Nantucket Town
Meeting, April, 1984 approved the up zoning of this district from R-1 to R-2, said up
zoning being ratified by the Attorney General of the Commonwealth, July, 1984.
(Please note: Nantucket Zonina Bv-Iaw Section 139-33 F (Preexistina
nonconfonnina uses, structures and lots) protects this cateaorv of premises (a lot
for sinale- familv residential use) for a Deriod of five years from the effective date
of an UP zonina (in this case, Julv, 1984) from the requirement of complvinq with
the new more intensive intensity requlations.) The existing three (3) bedroom
single family dwelling was constructed in 1988 pursuant to Town of Nantucket
Building Permit # 6387-88 and was issued a Certificate of Occupancy thereon on
August 25, 1992. At the time of construction, the Premises was situated in the
Residential-2 Zoning District but was grandfathered and therefore benefited by the
Residential-1 intensity regulations as described above. The existing 80 square foot
shed was constructed in 2002 pursuant to Town of Nantucket Zoning Permit # 225-
02 and has been signed off by the Historic District Commission.
BASIS FOR REQUESTED RELIEF
In 2005, Applicant was issued Building Permit #1298-05 to, "enclose a 276
square foot breezeway to create a single family dwelling-convert a garage to
studio-shingle-move doors and windows", all pursuant to a duly issued Nantucket
Historic District Commission Certificate of Appropriateness. The architectural
elevations, floor plans and construction drawings approved by the HDC and
submitted to the Nantucket Building Department as part of the building permit
submission incorrectly noted the zoning district as SR-1. In fact the protection
afforded the Premises under the original R-1 intensity regulations expired in 1989,
five years after the vote of the Town Meeting, and ratification by the Attorney
General, approving the re-zoning of the district from then R-1 to R-2.
A consequence of these compounded errors is that when considered in light
of the old R-1 intensity regulations the proposed dwelling conforms in every way
with the requirements of the zoning by-law, while under the R-2 intensity
regulations the preexisting nonconforming dwelling is sited almost in its entirety
within the thirty (30') foot front yard setback. Therefore Applicant is requesting a
Finding that the proposed changes to the structure are not substantially more
detrimental than the existing nonconforming structure to the neighborhood and a
Special Permit supporting such Finding.
And additionally, as the more intensive SR-2 intensity regulations apply in
this case, Applicant seeks a Variance from the requirements of the zoning district's
Ground Cover Ratio to permit the construction of 260 +/- square feet of ground
cover beyond the existing ground cover of 1525 +/- square feet for a total of no
more than 1785 +/- square feet of ground cover. This undersized preexisting
nonconforming lot (Locus) in the SR-2 zoning district is allowed the larger of 12.5
% of the lot size (8089 s.t. X 12.5 % = 1011 +/- s.f.) or 1500 square feet. This
requested relief is harmony with the intent and purposes of the Nantucket Zoning
By-law. Given circumstances relating to the shape of the building lot and
subsequent up zoning and especially affecting this locus and not affecting
generally the zoning district in which it is located, a literal enforcement of the
provisions of by-law would involve substantial hardship to the Applicant. This
desired relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from intents and purposes of the by-
law.
REQUESTED RELIEF
Therefore, the Applicant respectfully asks the Board to vote in favor of a
Variance pursuant to Section 139-32 of the Nantucket Zoning By-law, from the
requirements of Section 139-16, Intensity Regulations (Ground Cover Ratio)(Yard
Setbacks), as amended, and (2) a Finding and Special Permit pursuant to Section
139-33 A. (4) (a) and (b), as amended, to allow the construction and alteration of
the existing dwelling pursuant to the approved HOC plans, the duly issued
Nantucket Building Permit and Exhibit "A", attached hereto.
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_ 215 ..188
WE. Fruel. T. o,son end Iluth E. Dyson. tNSbInd IIICIlIlf. I' TtnIfttI bJ the Entlret)'
~ SpInCeI'. . Morc.ste,. c..er.Wr - L..-
ha un'" It '" .lhlrt.1-lh.... thousand ($33.000.00) DoUlrs
.... to
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the.... ill "'at part of Nantucket. Massachusetts called Slasc=e~rla "
described as follOWS:
BEGINNING at a point at the northtlsterl)' corner of the lot herein described at the
northerl)' 11ne of .JennIfer Lane:
THENCE South 00. 52' 19" west. 47.95 feet;
THENCE North 890 07' 41" west, 181.07 feet;
THENCE North 01. 59' 10" East. 31.46 feet to .JIMlfe,. Lane;
THENCE SOUth 88. 00' SO" East, 40 f~t .long said Jennlfe,. Lane:
THENCE 31.42 feet on a curve to the right. the radius of Wilch II 20 feet along
said JeMlfer Lane.
THENCE South 88.00' SO" East, 120.10 feet along said JlMlf... LaM to the point of
beginning.
Contatnlng approxlNtely 8.089 square feet.
Being shown as Lot" on.a Definitive Plan of lMd.ln Nantucket. Ma..chusetts.
Scale 1" . 40', October 13. 1981. Michael G. Bac"'n~R.L.S., ADbert J. lAlchter,
P.E., Airport TOWer Building. Nantucket. Mass.. recorded with NantUcket _Istl")' of
Deeds. Book of Plans No. 21. Page 85.
Being a portion of the prellllses conveyed to the Grantors b)' deed of Francis T.
Dyson and Robert Goss. dated March 26. 1965 ind recorded with Nantucket Reglstr)' of
Deeds. 80Qk 127. Page 357.
"~
... See exhibit "A" attached hereto
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Executed u a ..w iDatlument thll
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. Worcester ..,
April ti. 1884
Francis T. Dyson and ~th E. Dyson
Then penoftlllly apJWIlred th.. .bo.... n.med
.... __Iedpd tlw fore....nlln.lJument 10 he thel r free ad .ad cIMcI. /'
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&C{1t. 215 ,.169
EXHIBIT "A"
Grantee agrees to use due diligence and i...diately fl1e .11'
necessary plans and applications to o~taln a buildin, perait
to construct a sinele-f.-ily residenc, upon the lot and .,ree.
that she will cowplete construction of ..id re.ldeDce withiR
.ix (6) 80nths of obtainina her buildln. ~t.
NANllJCKET COUNTY
ReoItiWtd and Entered '
JUN 14 !i84 /I". ~~ ~. rV\. ·
Attat ~~. c..:.. -r~~
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.<1U:..
Sarah E Alger, RC.
Attorneys at Law
Two South Water Street
Nantucket, Massachusetts 02554
Sarah F. Alger
E-Mail sfa@nantucket.net
January 10,2006
Siasconset office
97 Sankaty Road
Siasconset, Massachusetts 02564
Telephone (508) 257-6000
Facsimile (508) 257-601.0
Please reply to
Two South Water Street
Telephone (508) 228-1118
Facsimile (508) 228-8004
Alison Sweet Zieff
E-Mail asz@nantucket.net
William F. Hunter
E-Mail wfh@nantucket.net
BY HAND
Linda Williams, Administrator
Zoning Board of Appeals
Chestnut Street
Nantucket, MA 02554
RE: Cary M Hazlegrove
4 Jennifer Lane
Siasconset. MA 02564
Dear Linda:
On behalf of Cary M. Hazlegrove, owner of the improved property located at 4 Jennifer
Lane, Siasconset, enclosed please an Application for Relief, with three counterpart copies
attached thereto, as well as a filing fee check in the amount of $300.00. Please note that the
Exhibit "A" has not yet been completed and has, therefore, not been included with this
submission. I will deliver it to your attention as soon as I receive it from Nantucket Surveyors.
Ms. Hazlegrove is seeking relief in the form of a Variance pursuant to Section 139-32 of
the Nantucket Zoning By-law, from the requirements of Section 139-16, Intensity Regulations
(Ground Cover Ratio, to allow a ground cover ratio higher than what would otherwise be
allowed in the Zoning District, and a Special Permit pursuant to Section 139-33 A. (4) (a) and
(b), Preexisting nonconforming uses, structures and lots, to allow by Special Permit, the
alteration and extension of a preexisting, nonconforming dwelling.
Please mark this matter for hearing at the February, 2006 meeting of the Board of
Appeals and please feel free to call me with any que tions or comments that you may have for
me with respect to this application.
WFH/
Enclosures
\1/05/2006 THU 0: 58 FAX ...... Alger, Sarah F.
~OOl/001
Jt, &/00
Town of Nantucket
~ONING..BOARD QF APPEALS
. RECEIVED
. BO~RD OF ASSESSORS
JAN 0 5 2006
TOWN OF
NANTuCKET, MA
,
I~
LIST'OF P ARl1ES 'IN INTEREST IN THE MATrER OF nm PE'iritON OF'
. .
, PROPERTY O~ER.:...Co,r.~....~~.~rQ.~Pr:-:.............~........... '
MAlLINO ~OOI\ESs....% .:..~@::Lfj!.vp;..:f.t:., ...~!..lU 11it..~
PROPERTY LOCATION... ..1... .I~n~.\fe.c... La..iuL. .............
ASSESSORS 'MAPIPARCEl:.... 4~.~. ~.L..:b.~...... ............ .......
,S~ .
APPLfCANT..... II II.... II.. II II' ....., It- a. .... 4,. II ,.,......,... ......1 II.. II ........... ..L.....
SEE ATTACHED PAGES
.
I certify that the toregoing i.s . list ofpersoQl w~o 110 ownerS ohbutting ptoporw, owners oJ
11l1d direct IV oppolite Ou. II1Y publi; or priYlto street or way; and a'butt=s of the .blittcl'I'l.ll.d ..u
otflcr land owners within 300 feet oflh~ properly Ii~o of own~r's prop,erty, ,lias thoy appear on
the mott recent appUeablc tax list (M.G.L. c. 40A. Section 1 ~ Zoning Co~ Chapter p9~ .
ScctiOD. 139-290 (2) ,
~ /J ;;..~() ~
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ATE . .
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. Town of Nantucket
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