HomeMy WebLinkAbout073-05
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: Qd-d by 12-(~, 200S-
To: Parties in Interest and Others concerned with the
DecIsion of the BOARD OF APPEALS in the Application of the
following:
Owner/Applicant:
J~rtOtfl)e
073 ,os
lOr[ aV'd.
fl::o r b r'r.L
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
complaint and certified copy of the necision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
'-
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 9139-301 (SPECIAL PERMITS); g139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 26
Parcel 8
LUG-3
29 Quaise Road
Plan Book 19, Page 27
Deed Ref. 917/209
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M.,
Friday, October 14,2005, in the Conference Room, Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, on the Application of the CARL AND
BARBARA JELLEME, 29 Quaise Road, Nantucket, MA 02554, Board of Appeals File
No. 073-05, the Board made the following Decision:
1. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/expansion of a pre-existing, non-conforming
use/structure), or in the alternative, relief by VARIANCE from the provisions in Section
139-16A (Intensity regulations - ground cover). Applicants propose to relocate an
existing garage structure from the immediately abutting Land Bank property to the east to
a conforming location on the Applicants' lot. The existing ground cover on the lot is
nonconforming, with the single-family dwelling having about 1506 square feet of ground
cover (or 6.2%) in a district that allows a maximum of 1500 square feet or 3%, whichever
is greater for this undersized lot containing about 24,401 square feet oflot area in a
district that requires a minimum lot size of 120,000 square feet. With the addition ofthe
about 500 square-foot garage structure and a new 5' x 6' breezeway to attach it to the
house, ground cover would be raised to about 2,036 square feet (or 8.3%). In addition to
the above noted nonconformities, the locus is also nonconforming as to frontage, having
about 140 feet of frontage along Beach Road/Quaise Road, in a district that requires a
minimum frontage of 200 feet; and as to setback with the house being sited as close as
about 6.68 feet from the easterly side yard lot line and with the shed being sited as close
as about 5.18 feet from the same lot line in a district that requires a side yard setback of
ten feet for subminimum lots in this zoning district.
The Premises is located at 29 QUAISE ROAD, Assessor's Map 26, Parcel 8,
Plan Book 19, Page 27, Lot 2. The property is zoned Limited-Use-General-3.
2. The Decision is based upon the Application and the materials submitted with it
and the testimony and evidence presented at the Hearing. The Planning Board made no
recommendation, as there were no issues of planning concern. There was one letter on
file in opposition, submitted by an abutter at the hearing who expressed concerns about
the placement of the garage and the impact on her property. A representative of the
immediate abutter to the east, the Nantucket Land Bank, was present to speak in favor of
the Application, and stated that it was a benefit as the structure would not be demolished.
3. Applicants, through counsel and personal testimony, represented that the property
was an undersized lot of record, having about 24,401 square feet of area in a district that
required a minimum lot size of 120,000 square feet of area. The lot also exceeded the
maximum ground cover ratio allowed of 3% (or 1500 square-feet, whichever is greater),
having an existing ground cover of about 6.2% (or 1506 square- feet). The Applicants
proposed to relocate an existing garage from the Land Bank property to the east onto
their property and attach it to their 1984 single-family dwelling and convert it into
additional interior living space. The ground cover ratio would be increased to about 8.3%.
The addition would conform to all setback requirements. Applicants stated that if the
structure was not relocated to the locus it would be taken to the land fill, which was
represented to be at capacity. Applicants stated that they preferred to expand their ground
cover rather than build a second story addition as the lot was situated on the water and
keeping the dwelling low was a priority. Applicants further stated that the area was
comprised of undersized lots with excess ground cover and that the addition of the garage
on their house would be in harmony with the neighborhood and not constitute a
substantial detriment.
4. Based upon the foregoing, a super majority of the Board finds that to allow a
further increase in the ground cover by Special Permit would be inappropriate and that
relief would be more appropriately granted by Variance. The same super majority also
finds that there are no grounds to support a grant of Variance relief as there are no issues
of the uniqueness of soil, shape, topography of either the lot or the structures contained
thereon and no issues of financial hardship. The super majority further finds that the
ground cover ratio of the Premises has already been increased in excess of the maximum
allowable and a further increase would then increase the negative impact on the
neighborhood and any grant of relief would possibly set a negative precedent.
5. Accordingly, upon a motion duly made and seconded to grant the requested relief
by Variance under Nantucket Zoning By-law Section 139-16A, there was one vote in
favor (Waine), and four votes in opposition (Sevrens, Wiley, Koseatac, Murphy).
Therefore, relief is hereby DENIED.
Da tober ~, 200
~~
~a'L~~ ~~\JYV7fk
Nancy J. Sev s "
~=,~
Edward Murphy
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 1:00 P.M., FRIDAY, OCTOBER 14, 2005, IN THE CONFERENCE
ROOM, TOWN ANNEX BillLDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
CARL AND BARBARA JELLEME
BOARD OF APPEALS FILE NO. 073-05
Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/expansion ofa pre-existing, non-conforming
use/structure), or in the alternative, relief by VARIANCE from the provisions in Section
139-16A (Intensity regulations - ground cover). Applicants propose to relocate an
existing garage structure from the immediately abutting Land Bank: property to the east to
a conforming location on the Applicants' lot. The existing ground cover on the lot is
nonconforming, with the single-family dwelling having about 1506 square feet of ground
cover (or 6.2%) in a district that allows a maximum of 1500 square feet or 3%, whichever
is greater for this undersized lot containing about 24,401 square feet oflot area in a
district that requires a minimum lot size of 120,000 square feet. With the addition of the
about 500 square-foot garage structure and a new 5' x 6' breezeway to attach it to the
house, ground cover would be raised to about 2,036 square feet (or 8.3%). In addition to
the above noted nonconformities, the locus is also nonconforming as to frontage, having
about 140 feet of frontage along Beach Road/Quaise Road, in a district that requires a
minimum frontage of 200 feet; and as to setback with the house being sited as close as
about 6.68 feet from the easterly side yard lot line and with the shed being sited as close
as about 5.18 feet from the same lot line in a district that requires a side yard setback of
ten feet for subminimum lots in this zoning district.
The Premises is located at 29 QUAISE ROAD, Assessor's Map 26, Parcel 8,
Plan Book 19, Page 27, Lot 2. The property is zoned Limited-Use-General-3.
~C'tO 2 eQJ UMA_~
Dale arne, 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. G 73~.5--
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s): Carl and Barbara Jelleme
Mailing address: 29 Quaise Road, Nantucket, MA 02554
Applicant's name(s): Same
Mailing address: Same
Locus address: 29 Quaise Road Assessor's Map/Parcel: 26/08
Land Court PlanlPlan Book & Page/Plan File No.: Plan Book 19 Page 27 Lot No.: 2
Date lot acquired: 10/07/05 Deed Ref.lCert. of Title:917/209
Uses on Lot - Commercial: None X Yes (describe)
Residential: Number of dwellings 1- Duplex_ Apartments
Zoning District: LUG-III
Rental Rooms
Building Date(s): All pre-date 7/72? X or
Building Permit Nos: 411-76 and 3200-84
Previous Zoning Board Application Nos.: None
State below or on a separate addendum specific relief sought (Special Permit, Variance, APJeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing ir~nconformities:
C of O(s)? Yes
See attached Exhibit A.
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SIGNATURE:
(If not owner or owner's orney, please enclose proo
/' FOR ZBA
Application received on:3JH(2[ By:
Filed with Town Clerk:.Q!"1L-~Plann. .-' .
Fee deposited with Town Treasurer:Sl/l-l rM By: aiver requested?:_Granted:_/_/_
Hearing notice posted with Town Clerk:~/~LJQf"Mailed:3'U /41&M:!t/1Ji;o.r & ~(jlIJill--
Hearing(s) held on:_/_/_ Opened on:~~~'Continued to:_/_/_Withdrawn?:~~/~
DECISION DUE BY:_/_/_ Made:_/_/_ Filed wrrown Clerk:_C_../_ Mailed:_/_/_
DECISION ArPEALED?;_/~_SUPERIORCOURT: LAND COURT < ;; 'Vorm;4/03/03
Applicant Attorney! Agent /
of agency to bring this matter before the Board
FICE USE
Complete:
I certify that the infor ation contained herein is substantially complete and true to the best of my
knowledge, under th pains and penalties of perjury.
.....
Exhibit A
Applicants own a 3 bedroom dwelling with an existing ground cover of 1506 square feet. The property
contains 24,401 square feet of area and has 140.00 feet of frontage on Beach Road. The zoning
requirements in this district are 120,000 square feet of area and 200 feet of frontage. The lot is
grand fathered as to both area and frontage. The ground cover requirements of the zoning district allow
ground cover of the greater of 1500 square feet or the ground cover ratio of the district which in this case
would allow 732:1: square feet. Therefore in this case 1500 square feet is allowed and the existing dwelling
contains 1506 square feet and as such is a pre-existing non-conforming structure.
Pursuant to Chapter 139, Section 33 A (4), applicants are requesting a special permit to allow them to
extend their non-conforming structure by adding a 5 x 6 breezeway and attached garage of 500 square feet
for a total addition of 530 square feet.
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COMPilED FROM AERIAL PHOTOGRAPHS,. DEEDS,.
AND PLANS OF RECORD AND IS, NOT TO IE
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RECEIVED
BOARD OF ASSESSORS
S':':) 1 ~ 2005
Town of Nantucket
ZONING BOARD OF APPEAL~
l:,l~l\t (OF
,:, "',,{;::,' '\AA
~l,~, I U,,,,,,_I, ,II
I,.
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
PROPER TY owNER'....... ~ .?-..~.:-:-..... ..~.........:.......:::. ~.::-:.?:-:. ~~.... -s (\..\.12. M t
. . ", . .
MAILfNG ADDRESS...... ..~..~...... .~.::. ~.\> ~........ ..~.? ~ .~...........
PROPERTY LOCA TIO)~...... .~..~. ...... ...~.~ ~~~S.... .f\..9,.. ... ........,.
ASSESSORS MAPfPARCEL;...... ..~. ~..:... .:.~. ..... ............................,.
APPLiCANT....., .~. .?\~.\-.. ...... ~...... .~. ~.:-:-.~.':=:..\).~......,...,..,...".,..
SEE ATTACHED PAGES
1 certify lballhe foregoing is a list of persons wbo e.re owners of abutting property, owners of
land directly Opposile on tny public or private street or way; and a.butten of the abutters and all
other land owners within 300 feet of the. property line of owner's property, all as they appear ?n '
tbe most recent applicable tax list (M.G.L. c. 40A, Section II Zoning Code Chapler 139.
Section 139.29D (2) _
~~/t:.i?t!qs-
DATE'
"jJ~ll~
ASSESSOR'S OFFICE
Town of Nantucket
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24
BOOK 917PAGE0209
~NS
DEED
04
I, LAURA M. WARD, TRUSTEE of the BARBARA LOUCKA NOMINEE TRUST
under Declaration of Trust dated September 1, 2004, recorded with
Nantucket Deed in Book 911, Page 320, of Belton, Missouri, for
consideration paid in the amount of $3,720,000.00, grant to CARL
M. JELLEME and BARBARA JELLEME, husband and wife as joint tenants
with rights of survivorship, of 6 Howard Court, Nantucket,
Massachusetts, with QUITCLAIM COVENANTS,
that
tion
The land with the buildings thereon situated in Nantucket,
Nantucket County, Massachusetts, now known and numbered as 29
Quaise Road, bounded and described as follows:
NORTHERLY
by Nantucket Harbor, about one hundred thirty
seven (137 +/-) feet;
EASTERLY
by land now or
Berrian, about
(174 +/) feet;
formerly of
one hundred
Jeanne Gill
seventy-four
SOUTHERLY
by Beach Road, one hundred forty (140.00)
feet; and
WESTERLY
fifty-nine and 56/100 (59.56) feet,
NORTHERLY
three and 13/100 (3.13) feet,
SOUTHERLY
forty-seven and 38/100 (47.38) feet,
four and 44/100(4.44) feet, and
WESTERLY
WESTERLY
about ninety-two (92 +/-) feet by land now
or formerly of Hazel Hutchinson.
Being shown as Lot 2 on a plan dated September 12, 1975 by
Shugrue & Hart, Inc., recorded in Plan Book 19, Page 37 at the
Nantucket Registry of Deeds.
Said land is subject to the following matters:
L
(a) Said land is subject to a right of way for foot passage
along the beach above high water mark, 8 feet in width, reserved
to Harriet E. Hollister, her heirs and assigns and said land has
appurtenant to it a right of way to Polpis Road over land
formerly of said Harriett E. Hollister.
be added.
(b) Real estate taxes assessed by the Town of Nantucket for
the fiscal year 2005, commencing on July 1, 2004.