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Home My WebLink About058-02 -- TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ~~ 3 , 200 2, To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: , Application No.: () 5 ?"--Od.- cTo.-rI1o ~c, ard &riAra Owner/Applicant: 13Qt'S{Q/ 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 give~ to the Town Clerk so as to be received within such TWENT~ (20) days. 6:::- :E~c: :z :' l/? rr1 -0 I w ::0 m ') "n ~ j ~ i . . ..~ 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 ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, MA 02554 Assessor's Map 68 Parcel 23 LUG-3 3 Sesapana Road L. C. Plan 4664-C, Lot 22 Cert. of Title 11,921 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, August 9,2002, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of JAMES AND BARBARA BAISLEY, c/o Glidden and Glidden, P.C., 37 Centre Street, Nantucket, Massachusetts 02554, Board of Appeals File No. 058-02, the Board made the following Decision: 1. Applicants are seeking a MODIFICATION of SPECIAL PERMIT relief granted in the Decision in BOA File No. 046-99, which allowed a total ground cover of about 2,218 square feet. Due to a recent "as-built" survey of the Locus, it was learned that the ground cover is actually about 2,222 square feet. Applicants represent that the four square feet of difference is due to the difference between measuring the ground cover from the foundation versus the finish corner board, as the By-law requires. Applicants are asking the Board to Modify the previous Decision to show the current ground cover based upon the current as-built site plan. The Premises is located at 3 SESAPANA ROAD, Assessor's Map 68, parcel 23, Land Court Plan 46664-C, Lot 22. The property is zoned Limited-Use- General-3. 2. The Decision is based upon the Application and materials submitted therewith, and the testimony and evidence introduced at the Hearing. The Planning Board made no recommendation as the matter was not of planning concern. There were no letters on file and no testimony at the hearing in favor of or opposed to the project. 3. Applicant, through his attorney, presented his case. He explained that he wished to obtain a Modification of the Special Permit relief granted in the Board's previous Decision in BOA File No. 046-99, which allowed construction of an about 784 square-foot addition, which raised the ground cover from about 1 ,434 square feet to a maximum of about 2,218 square feet. The project was completed in accordance with the duly issued Building Permit No. 031-00. However, when the as-built survey was done by John J. Shugrue, Inc., dated July 5, 2001, marked as Exhibit A, a reduced copy of which is attached hereto, it showed that the finished ground cover was about 2,222 square feet, about four square feet larger than what was approved in the previous Decision. Applicant represented that the error occurred when the ground cover was calculated based on the foundation wall and did not allow for the calculation at the finish wall, as required. All setback requirements would continue to be met. 4. Therefore, the Board makes the finding that the proper relief would in this case be by Modification of the previous Special Permit granted in the Decision in BOA File No. 046-99. The Board further finds that the error is de minimus and that the additional four feet would not be substantially more detrimental to the neighborhood than the existing nonconforming ground cover, nor create any new nonconformities, nor increase intensity of use upon the Locus. In addition, the structure is in harmony with the general purpose and intent of the Zoning By-law and'with the residential character of the neighborhood and in keeping with the (" previous relief granted. 5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested MODIFICATION of the SPECIAL PERMIT granted in the Decision in BOA File No. 046-99, to validate the ground cover at a total of about 2,222 square feet, upon the following condition: (a) The Locus shall be in substantial conformity with Exhibit A. Dated: September J ,2002 Edward Sanford ~\ SESAPANA ROAD r -- I I I 1 I _______L 36.0G' I I 1 I I 1 I I I 1 I 1 I 01 <. ~I VlI ,-,. ~I 21 3: in in Ol N n I'") ~ III N n Vi I 1 I I 1 I L_ THE STRUCTURES ARE LOCATED AS SHOVN N79'24'15"W 1123.30' 1 I I I I \~ \"~ I . I "- 10 10 II'- II'- I I I I -t- -1- I \ I l ,. I... ."J.~..." '~;r V. 5(' ,:;l;~;. . <{:: .. .... \3.. .... ~ -.: .' LOT 30,033 5.F. 123.30' 579'24'15"[ ASSESSORS MAP 68 in Ol W n ~ ~ N N n i- 24.56- ~ z LOT OF RECORD 1500 S,F. GROUND COVER ALLOWED I __ __J ZONING: LUG-3 MINIMUM LOT SIZE: 120,000 SF. MINIMUM FRONT AGE: 200 FT FRONT YARD SETBACK: 35 FT REAR 8. SIDE SETBACK: 20 FT GROUND COVER RATIO: 3% PLOT PLAN OF LAND IN NANTUCKET, MA SCALE' 1'= 30' DA TE: JULY 5, 2001 JOHN J, SHUGRUE, INC. 57 OLD SOUTH ROAD NANTUCKE~ MA 02554 FDR: JAMES BAISLEY J-~ ,,~'Y ./ PARCEL NO. 23 115553ABS ~~. it 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 WNING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, AUGUST 9, 2002, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application ofthe following: JAMES AND BARBARA BAISLEY BOARD OF APPEALS FILE NO. 058-02 Applicants are seeking a MODIFICATION of Special Permit relief granted in the Decision in BOA File No. 046-99 which allowed a total ground cover of about 2,218 square feet. Due to a recent "as-built" survey ofthe Locus, it was learned that the ground cover is actually about 2,222 square feet. Applicants represent that the four square feet of difference is due to the difference between measuring the ground cover from the foundation versus the finish comer board, as the By-law requires, Applicants are asking the Board to Modify the previous Decision to show the current ground cover, The Premises is located at 3 SESAPANA ROAD, Assessor's Map 68, Parcel 23, Land Court Plan 4664-C, Lot 22. The property is zoned Limited-Use-General-3. {7t ~ ~ bAi\70~ Nancy ~. Sevren C ll1nan TillS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER ALTERNATNE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. d N ::0 ....~ .,.; :::::.~ ~ m - C- ?= () N 'n A .- -u ..... LoJ (11 - CJ -.J ',:\. 6/12/02 ' Datp. No. o;rt-._Q1...; BoA form 1-89 NANTOCKET ZONING BOARD OF APPEALS TOWN AND COUNTY DOILDING NAN~OCKET, KA 02554 CJ\SE APPLIC^TION FOR RELIEF O'-'ner's name(s): James and Barbara Baisley 3 Sesapana Road, Nantucket MA 02554 Kailing address: Applicant's name: Mailing address: James and Barbara Baisley 3 Sesapana Road, Nantucket, MA 02554 Location of lot: Assessor's map and parcel number ~- 023 Street address: 3 Sesapana Road Reg istry Land ct Plan, ~IQX~X~X~X~~XXlXn~XlXnJe 4664-C Lot-1l.- C of T #11921 Date lot acqu ired: -1-1_ ~<<oIXm:f _,_ Zoning district LUG III Uses on lot - commercial:' None MCD: or - nll:T\ber 0 f: dwell ings...!.- duplex_ Building date(s): all pre-S/72? or apartments___ rental rooms___ C of 0: ./ _ ''C) (-~ v;:; (. - "l'-i) Bllilding Permit appl'n, Nos. l31-00) ( ~'\\..-S" -'\~) ('-11..'-1'1 Case Nos, all BoA applications I lawsuits: (046':'99) State fully all zoning relief sought and respective code sections and subsections, specifically what you propose compared to present and '-'hat grounds ~ou urge for BoA to make each finding per Section IJ9~J2A _ if Varlance, 139-:0A X if a Special Permit (and 139-3JA .L if 1;0 alter or extend a nvTlcoii7orming use). If C1ppeal per lJ9-J1A & 9 __ ' attach decision or orderl appealed. OK to attach addendum ' See Exhibit A Is this property within the Public Wellhead Recharge District? Yes No Items enclosed as part of this Application: orderl addendum2__ Locus map_ site plan___ showing present~ +planned___ structures Floor plans present proposed elevatlons (HOC approved?_) Listings lot area ~rontage --Setbacks G~ parking data Assessor-certifiea-addresse~ ITSt 4 sets-==-ma~llng labels 2 setS:: 1200 fee payable to To~n of Nantucket proof 'cap. covenant (I f an appeal, as~ To~,'n Clerk to senaBldg ComM record to BoAT I certify that e request eo information submitted is SUbstantially complete and t e to the best of my knowledge, under the pains and penalties of p rju ~ SIGNATURE: Applicant ___ Attorney/agent J(If not owner or owner's attorney, enclose proo! of authority) fOR B~ OffICE USE Application copies rec'd: 4_~ or___ f~~ge~A on=:L; One copy filed with Town Clerk on~~~Y One copy each to Planning Bd and BU~ldi~9 ~t~~ 5200 fee check 9iven-!~~asurer on~~y Hear ing notice posted2li!12-t.mailed'.:2J~t!L;I & M2.;~ fj iJc!2--/ Hearing(s) on-1---!'_ cont',', to---!,---!,_, ---!'---!'_ withdrawn?---!'J_ Decision due bY---!'-1_ made-1---!'__ filed TC--I--I_ mailedJJ__ See rel~ted cases lawsuits other Exhibit A - James and Barbara Baisley Applicants obtained a Special Permit from the Board of Appeals in 1999 (Case No. 046-99) for the construction of an addition to their dwelling house at 3 Sesapana Road. The Special Permit allows for a total ground cover of 2,218 square feet. When the project was begun, they hired surveyors to layout the foundation for this addition, but when the project was completed, the as-built drawing shows a total square footage of 2,222 square feet, 4 square feet more than allowed by the Special Permit. This extra square footage is because when they do the as-built, they measure to the corner-boards and those extra couple of inches result in 4 square feet when you multiply by the perimeter of the house. Applicant requests that the Board modify its previous decision and allow a total ground cover of 2,222 square feet. Cllnactrve clients\8AISLEY, JAMES & BARBARAIZBAlexhibitmodification.6.02.doc 1 01 <. ~I ~I ,-,. ~I 21 I 1 I I 1 I L_.------------J ~\ r-- I 1 I I I _______L_____ 36.och' ~ in in Ol N n i0 ~ III N n Vi THE STRUCTURES ARE LOCATED AS SHOVN SESAPANA ROAD N79'24'15"W 1123.30' 1 I I I 1 I \,0 \'~ 1'\ 1'\, 10 10. II'- II'- I I 1 I --t-'-1-'-- I I I l .,::~'::d.::. <r' L. Yt ". J'" , ";',. . .:~ .:-;. .::'.k' ".:r: ."...,... in Ol .!-'-' n in ~ ('oj N -I'") III n z 1-- ----- I 24.56 r:1 D I I I I i-22:-1r- I I I LOT 30,033 5.F. LOT OF RECORD 1500 S.F. GROUND COVER ALLOWED 123.30' 579'24'15"( ZONING: LUG-3 MINIMUM LOT SIZE: 120,000 SF. MINIMUM FRONT AGE: 200 FT FRONT YARD SETBACK: 35 FT REAR 8. SIDE SETBACK: 20 FT GROUND COVER RATIO: 3% PLOT PLAN OF LAND IN NANTUCKET, MA SCALE: 1'= 30' DATE: JULY 5, 2001 JOHN J. SHUGRUE, INC. 57 OLD SOUTH ROAD NANTUCKET, MA 02554 \,~.y FDR: JAMES BAISLEY ~t ASSESSORS MAP 68 PARCEL NO~ 23 #5553ABS --I- - . == =:h-",!;.Q)i.!;,-=- /-- ~<~.~ r \ ..... , \. _V-\<Nb ," \ '" ..... '\. ~O ~6' ~"-' + + ) and ( ~U( .,aehns 0'-'"'''') ".2 AC j''" , 'f''; .,/' 0'; Q"'i'O. t,: _,~' ..,111 I,. '~'u o r:? / () '1> ii , . , $(01..112.00) ., ~~'--~-.,!, =3'''--~-= .\ ,~_>11.... -;..~.~ 61.1 ~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: May ~ t , 19 99 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 046-99 Owner/Applicant: JAMES AND BARBARA BAISLEY 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. c:::::::::::-- 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. NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, MA 02554 Assessor's Map 68 Parcel 23 R-1 3 Sesapana Road LC Plan 14664-C, Lot 22 Certificate of Title 11,921 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 :00 P,M., Friday, May 14, 1999, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of JAMES and BARBARA BAISLEY, of 530 Longwood Avenue, Glencoe, Illinois 60022, Board of Appeals File No. 046-99, the Board made the following Decision: 1. Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By- Law S139-33A (alteration/expansion of a pre-existing nonconforming structure/use). Applicants propose to expand a said to be pre-existing single- family dwelling by adding a 12' x 20' screened in porch, a 20' x 24' garage and an 8' x 8' foyer for an additional 784.:t of ground cover. The Locus is nonconforming as to lot size, having a lot area of about 30,033 square feet in a district that requires a minimum lot size of 120,000 square feet; as to frontage, having about 123.30 feet in a district that requires a minimum frontage of 200 feet; and as to ground cover ratio, with the Lot having about 4.77% of ground cover ratio in a district that allows a maximum of 3%, In the alternative, Applicants are seeking relief by VARIANCE under Nantucket Zoning By-law S139-16A to complete the project as proposed. The Premise_s is located at 3 SESAPANA ROAD, NANTUCKET, Assessor's Map 68, Parcel 23, Land Court Plan 14664-C. The property is zoned Limited-Use-General-3. 2, The Planning Board made no recommendation as they determined that it was not a planning concern. There was one letter on file in support from a neighbor and no letters in objection. 3. The Locus, a 30,033 square foot lot, contains a single-family dwelling with an attached garage with a total ground cover of 1 ,434 square feet. The Applicants propose to construct a 12' x 20' screened in porch, a 20' x 24' new garage and a 8' x 8' foyer and rear entrance. There will be no additional bedrooms added, The additions will total 784 square feet, bringing the total ground cover percentage from 4.77% to 7,38% or 2,218 square feet. 4, The Lot, in common with the other lots in the Milestone Court Subdivision, was created prior to the 1972 enactment of the original Nantucket Zoning By-Law and had the benefit of a zoning "plan freeze", This "plan freeze" was extended until 1984. The transfer of the property into separate ownership from adjacent land prior to the expiration of the "plan freeze" protected this property as a "buildable" lot arguably subject to the requirements of the Residential-2 district and not those of the Limited-Use-General-1I1 district in which the property is actually located. Further, a former Nantucket Building Inspector determined that owners of non-contiguous lots in this subdivision were entitled to construct houses on these lots which complied with those R-2 Intensity Regulations. A Building Permit was duly issued for this property in 1984 and a Certificate of Occupancy was issued in 1986. Under the R-2 Intensity Regulations, the permitted ground cover ratio is 12,5% or 3754.:t square feet for this lot. 5, Two of the Board members failed to find the necessary conditions for the granting of variance relief, 6. Accordingly, a motion to grant variance relief was made and seconded, and three members (Waine, O'Mara and Williams) voted to grant said relief, however, two member (Murphy and Sevrens) voted in opposition, and the variance relief was not granted. 7. However, a 4/5ths majority of the Board did find that the 784 square foot additions, with no additional bedrooms, to the existing pre-existing, non- conforming structure would not be substantially more detrimental to the neighborhood than the existing non-conforming structure and would not violate the spirit or intent of the Zoning By-law. 8, Accordingly, the Board, by a vote of four (4) in favor (O'Mara, Williams, Waine and Murphy) and one (1) opposed (Sevrens), GRANTS relief by SPECIAL PERMIT under Nantucket Zoning By-Law 9139-33A to allow the addition of 784 square feet onto an_existing structure that would have an aggregate ground cover of 2218 square feet upon the following condition: That the proposed addition be constructed in substantial conformity with Plan dated October 21, 1998 entitled "Proposed Additions for James and Barbara Baisley", a copy of which is aUac hereto as Exhibit" A", . \ Dated: ~ d (,1999 (' \ \ ~//{!L& cW::;:J Linda F. Willia\s , oj~ Micha . Q'Mara Edward Murphy l \1t:!~,v'\ ~l/ Nancy S r ns - ' '..~, - . t' ..:..-....-:.~:~ I Q 21 ~ ~ . s'tS p.S? ~ N !\ \ '-.. '.J ' *,^.J4- : I ,t! H ~ J< \ '- M L ~ ~ I ~ ,j I I 111 ~ ~ nj: j I I , I .' P:! lJ--> J ~8 I 7: af' u b I I t1 f=-Q ~ ~zt ]i r,.~ KP I ! o:i r \ \ \ \ \ L----- ------ G' - . 3Q~O_. _. \ \ \ \ \ \ \ \ \ \ \ \ \ u.: v; ~'- ~ n ~\ g ~ in\ 0 Cl . 1") ~\ ~\ \ \ \ \ \ \ - I II ~ ~ I - I L------- ,7..3,30' 519.7..4i'6"f.. R~' (,L \0 o <A.. 0'1\ \ RECEIVED BOARD OF ASSESSORS JUN 1 2 2002 TOWN OF NANTUCKET,MA Town ofNaIitucket ~ . ~f:~O ) " ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF P ROPER.TY OWNER.....),..~ .~; .'7.;;.......::..... ~~ ~ ?:-:\~~~ ~~::..........~~. ,~ d d- MAIUNG ADDRESS.......,. .").......~ ..~.~..~.:,::. ~..~;....... .::~.::............ . 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