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Home My WebLink About064-02 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: 0c)~ I ~ , 20 C) Y To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Applica tion No.: ()~ ~ -D 2- bwner/Applicant: X-eUI'n -P. Vo.Ce.. i T('() siee..- O-r TeV'Y"bfI\{) Nornr0t'e... True;. T 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 La~~~ d J;::. . ':""'lI --.j ";j c"- - c- Any-action appealing the Decision must be brought by ~ filing an complaint in court within TWENTY (20) daY;S-afteG this day's date. Notice of the action with a copy ~f the J;::. complaint and certified copy of the Decision must ~e give~ to the Town Clerk so as to be received within such'TWENTYi~ (20) days. ~ w U{"171--!- cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND V~RIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING-TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES) I ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts, 02554 Assessor's Map 26 Parcel 46 LUG.3 22 Bassett Road Land Bank No. 37002-A COT 19,312 At the continued Public Hearing ofthe Nantucket Zoning Board of Appeals held at 1 :00 P.M., Friday, June 11,2004 in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, 02554, and originally noticed and opened on September 12, 2002 and subsequently continued to November 15 and December 13,2002, then to May 9, July 11, October 17 and December 12,2003 and then to February 13, May 14 and then to June 11, 2004 for fmal resolution, to allow for the Nantucket Historic District approval of a set of plans and to allow for a vote of the 2003 Annual Town Meeting on a warrant article that would directly have affected this Application of KEVIN F. DALE, TRUSTEE OF TERRAPIN NOMINEE TRUST of PO Box 659, Nantucket, Massachusetts, 02554, Board of Appeals No. 064-02, the Board made the following Decision: 1. Applicant is seeking a SPECIAL PERMIT to demolish a partially constructed "pole barn" with a ground cover of approximately 733:t square feet and to renovate and enlarge the existing primary dwelling on the Premises. The Property has an area of 127,414:t square feet. The existing buildings have an aggregate ground cover of6,539 square feet (5.13%). The Property is located in the LUG-3 zoning district and is subject to a maximum allowable ground cover of three (3%) percent. At the time Applicant purchased the Property in October 1999, however, the maximum allowable ground cover ratio for this Property was seven (7%) percent because the Property had the benefit ofthe following amendment set forth in Section 139-16 of the By-law: "Provided, however that all lots in this district in existence as of November 15, 1990 shall have the benefit of LUG-l intensity regulations." This amendment was rescinded effective January 1, 2000. As of January I, 2000, the Property was, therefore, non-conforming as to the maximum allowable ground cover ratio. In all other respects, the Property conformed to the provisions of the By-Law. The Premises is located at 22 BASSETT ROAD, Assessor's Map 26, Parcel 46, Land Court Plan No. 37002-A, Owner's Certificate of Title No. 19132. The property is zoned LUG-3. 2. The Decision is based upon the Application and the materials submitted with it, and the testimony and evidence presented at the public hearing. There was no opposition to the Application and no letters on file. 3. Applicant, through counsel, represented that after Applicant purchased the property in October 1999, he filed an application for a building permit with the Nantucket Building Department to construct a ''pole barn" on the Property with a ground cover of approximately 733:t square feet. The ''pole barn" building permit was duly issued on December 13, 1999 and Applicant immediately poured the foundation footings for the pole barn. The Nantucket Building Department inspected and approved the footings on December 21, 1999. On January 1, 2000, the Property reverted from LUG-l to LUG-3 intensity regulations and became nonconforming with respect to ground cover ratio ofthe existing buildings on the Property, including the pole barn, whereas ground cover requirements had been met before. The existing buildings exceed the new maximum allowable ground cover ratip of three (3%) percent by 2.13%. The buildings have an aggregate ground cover of6,539:t square feet (5.13%). From December 1999 until August 9, 2002, Applicant worked to construct the pole barn pursuant to the duly issued Building Permit No. 1268-99 (the Permit). On August 9, 2002, Applicant filed this Application for Special Permit relief to demolish the partially constructed pole barn and transfer the ground cover allocation to enlarge and renovate the existing primary single-family dwelling on the Premises by approximately 693:t square feet, less that the square footage currently allocated to the pole barn. Applicant argues that Special Permit relief is warranted under Section 139-33A(4)(a) of the By-law, which allows the extension or alteration ofa pre-existing, nonconforming structure or use. 4. At the September 2002 hearing on this Application, the Board asked the Applicant to have the Nantucket Building Inspector determine whether the December 13, 1999 Building Permit No. 1268-99 to construct the pole barn was duly issued and activated and the Board continued the hearing. By letter of December 2, 2002, Nantucket Building Commissioner Bernard Bartlett confirmed in writing that Building Permit No. 1268-99 was duly issued and activated by the Applicant prior to January 1, 2000. From January 2003 to May 2004, the Board continued its hearing on this Application a number of times to determine whether the 2003 Nantucket Town Meeting would vote to amend the By-law to provide relief for matters like this and to afford the Applicant additional time to obtain Nantucket Historic District Commission (HOC) approval for the primary dwelling renovation. The Town Meeting voters amended the original warrant article, limiting relief solely for structures that were to be demolished and reconstructed and did not allow the reallocation of the ground cover in order to add onto another structure on a property. The HOC issued Certificate of Appropriateness No. 43,684 for the primary dwelling renovation in April 2004. At the continued hearing on this matter in May 2004, the Board asked the Applicant to have the Nantucket Building Commissioner confIrm that Building Permit No. 1268-99 had not been "abandoned", nor had it "lapsed" by non-use from December 1999 to August 9, 2002 when this Application for Special Permit reliefwas filed. By letter of June 9, 2004, Applicant wrote to the Board and stated he had met with Building Commissioner Bartlett who confirmed that Building Permit No. 1268-99 was "active" and "alive" from December 13, 1999 to August 9, 2002, the filing date of this Application. At the continued hearing on this matter on June 11,2004, Building Commissioner Bartlett was present and stated this fact directly to the Board. Applicant contended further that Building Permit No. 1268-99 remained "active" and "alive" from the date of the filing ofthis Application, August 9, 2002, until the date ofthe Board's decision because the filing ofthis Special Permit application effectively placed the Permit "on-hold" until the time of the Board's decision. The time period to construct the pole barn under the Permit, therefore, is "tolled" while this matter is pending before the Board because this Special Permit application directly addresses whether the pole barn ground cover allowed under the Permit may be relocated and attached to the primary dwelling on the Property. 5. The Applicant argues that Special Permit Relief is appropriate in this case because Section 139-33(4) provides that ''pre-existing, nonconforming structures or uses may be extended or altered" as long as the extension or alteration is not "substantially more detrimental than the existing, nonconforming use to the neighborhood." Applicant further argues that the ground cover ratio, in excess of 3%, is nonconforming, having been conforming prior to the change in the zoning for the district from LUG-l to LUG-2, and the Applicant proposes to "alter" this non- conforming pole barn ground cover by demolishing it, not abandoning it, in order to relocate the ground cover allotment and attach it to the primary dwelling. The Board. acknowledges, however, that when the pole barn is demolished, the ground cover nonconformity will be temporarily eliminated. Even so, the majority of the Board rejects the practice of leaving "one stick standing" to preserve the nonconformity and relies on its precedent to find that Special Permit relief is appropriate in this case. Moreover, Section 139-33A(9) of the By-law now clarifies this issue and provides that Special Permit relief is appropriate to authorize the construction of a new structure after removal ofthe pre-existing, nonconforming structure, in certain circumstances. Although Section 139-33A(9) excludes Special Permit relief for "relocation" of pre-existing, excess ground cover, like this case, the Board finds that this Application predates the enactment of Section 139- 33A(9) ofthe By-law and is not subject to its provisions. The Board finds further that the design for the enlarged primary dwelling on the Property has been approved by the HDC in Certificate of Appropriateness No. 43,684. 6. Based upon the foregoing, the Board finds that the issuance of a Special Permit to demolish the existing pole barn and to enlarge and renovate the existing primary dwelling is warranted in this case and such demolition and renovation would not be substantially more detrimental to the neighborhood than the existing structures on the Property. The Board notes this Application was filed prior to the effective date of Section 139-33A-4(9) of the By-law, an amendment that expressly provides for Special Permit relief to allow the demolition and reconstruction of a pre-existing, nonconforming structure with a ground cover ratio in excess of the permitted ground cover ratio, as long as the new ground cover ratio remains the same and is not relocated or attached to another building. Prior to this amendment, the Board notes further there were different interpretations as to whether a Variance or Special Permit was required for such demolition and relocation of ground cover. Here, the rescission of the LUG-l intensity regulation amendment rendered the Property nonconforming as to the maximum permitted ground cover ratio. In all other respects, the Property conforms to current Nantucket Zoning By-law provisions. Special Permit relief is appropriate in this matter pursuant to the provisions of Section 139-33A(4) ofthe By-law and the Board finds the pole barn allowed by Building Permit No. 128- 99 is duly issued and active. The Applicant is entitled to the issuance of a new Building Permit for the primary dwelling enlargement and renovation, and this renovation would not be substantially more detrimental to the neighborhood than the existing uses and structures on the Applicant's property and would not create any new nonconformities. 7. Accordingly, by a vote of four in favor (Sevrens, Toole, Wiley and Murphy) and one opposed (Loftin), the Board GRANTS the requested SPECIAL PERMIT relief under Nantucket Zoning By-law Section 139-33A to allow the demolition of the partially constructed pole barn on the Property and reallocation of the ground cover associated with that structure to allow the enlargement and renovation of the existing primary single-family dwelling on the Locus upon the following conditions: a) The renovation and enlargement ofthe existing primary single- family dwelling shall conform substantially to the design plans approved by the Nantucket Historic District Commission in April 2004, Certificate of Appropriateness No. 43,684, as may be amended from time to time; and b) The structures shall be substantially as shown upon the "Site Plan", done by Applicant's contractor, Twig Perkins Inc., dated 7/24/2000, a reduced copy of which is attached hereto as Exhibit A. 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HH HIHHH Iliiiiii iiiiiiii5 III . .. g ~<C..u.. .. ao,..'~._.. .. ~"-I -...- U) INld 3lB z -< lL W f- " Ferm b-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 File NO.CfJ!L-()~ Assessor's Parcel 20 ---L<f.3 THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO-MAKE A DECISION (or to held a public hearing er take ether actien) concerns the Applicatien ef: '--" , /~~In Pursuant to. the previsions of the Acts ef 1987, Chapter 498, amending the state zening Act, Chapter 40A ef the Massachusetts General Laws, Applicant(s)/petitiener(s) and the Beard ef Appeals- -hereby agree to. extend the time limit - fer a public hearing ~ en the Applicatien, er - for a decisien ~ ef the ~oard, or fer any ether actien by the Board, (whether such Appl~catien. is an appeal frem the .0 decisi?n of an~.admin~strativeeff~cial~ petitien fer . a Spec~al Pernat L, er for a Var~ance K-, er fer any ext~nsien ___, me4~ficatiep ___, or: renewal ___ thereef) to the NEW TIME LIMIT of midnight on W~ 2a:l't but net earlier than a time limit set by sta u erbylaw. The ~pplicant(s), or the atterney ~ er a~ent ___ for.. Appl~cant(s) represented to be duly author~zed to. act ~n th~s_matter ~or Applicant(s), in executin~ this Agreement wa~ves any r~ghtsunder the Nantucket zon1ng Bylaw and the State Zo. ing Act, as amended, to the extent, but enly to. the ext n ns'stent w'th this Agreement. FOR /f/7 FOR d ~ --1- ,..;....., ~-... c:: ..f,_ c ,-- r' .- ~ Effect1 Agreement :t::> 0'\ W - cc: Tewn Clerk Planning Board Building Commissioner Agreement filed Date (P (1!j/ (; 1 in the effice of the Tewn Clerk: Town Clerk Feb 02 04 04:43p Vau~han, Dale & Hunter,PC (508)228 3070 p.3 Form N~UCKEr ZON~NG BOARD OF APPEALS TOWN AND-COUNryBUYLDXNC NANTUCKET, HA 02554 6-89 File NO.C'fJ!t-ay Assessor's Parcel THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO-MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: r---f_tf~r f) It} ( Pursuant to the provisions of the Acts Of 1987, Chapter 498, amending the state Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant (s)/petitioner(s) and the Board of Appeals hereby agree to extend the time limit - for a public hearing ~ on the ~pplication, or - fot~ a decision ~-Of the ~oard( or - for any other action =- by the Board, (whether Such APPlication.is an ap~eal from the decisi?n of any-ad~inistrative oft+cial,..g petition for a Spec1al Perm~t ~, or for a Var~ance ~, or for any extension ___' moQification ___" orrenewar ___ thereof) FOR to tho NEW TIM. LIKIT of midnight on JYl~.~. /.00 i. but not earlier than a time limit set by stat:u e br byl. w. The Applicant(s), or the attQrney ___ or a~ent ___ for._ Applicant(s) represented to be.duly authorJ."Zed to act 1.n this matter for Applicant(s), in executin9 this Agreement waives any rights under the Nantucket Z~nlng BYlaw and the State Zoning Act, as amended, to the extent, but only to the extent, incons. fi ith this Agreement. ~ ~G\hS~ ~T: FOR THE 'ff~~iS~~~e Of Agr.omont CC; Town Clerk Planning Board Building Commissioner Agreement filed Dat1(/ II 0 1- in the office of the Town Clerk: -1- 0:: ~. 2: (-, r- rr; ~ ,., n, CD ..b Tuwn Clerk ~- 2::: -.. N \0 1 . d cn:J/_O'"7' nn..... Jul 02 03 12:57p Vau~han. Dale L Hunter,PC (508)228 3070 p. 1 6-8~ Form NANTUCKET ZONING BO~RD OF APPE~LS TOWN lWO COUNTY BUXWl:NG NANTUC~ET, KA 02SS~ File NO_~(J~ Assessor's Parcel THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: Te.,~ln Noin,'nee~ \rv5T Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the state zoning Act, Chapter 40A of the Massachusetts General LaWs, APplicant(s}/-petitioner(s) and the Board of Appeals hereby agree to extend the time limit _ for a public hearing ~ on the Application, or _ for a d~cision K of the Board, or for any other action by the Board, (whether such APpl~cation.is an appeal ___ from the decision of any-administrative official,~ petition for a special Perm~t J( ., 'or for a variance ~, or for any extension ___, .odItication ___,-or'renewal ___ thereof) to the NEW TIME ~ln:T of midnight on Der eTMftyr~ b'd3 but not earlier than a ti~e limit set by statu e orbyl~w. The Applicant(s), or the attorney ~ or agent for. Applicant(s} represented to be duly author1zed ~a~t i~ th~smatter ~or Applicant(s in executin9 this Agreement Wa1VeS any r~ghts under. t a ucket z~n~ng Bylaw and the state Zoning Act, as a 0- e extent, but only to the extent, inconsist t s qr ement. FOR THE BOARD OF Effec~~ of Agree.ent cc: Town Clerk planning Board Building Commissioner ~ FqR APPLlcANT(S) -i "'"_ e -"- ~'-.' =E::-' z" d v.J .u :11 C- c r- 0' r- rn ^ - ~ ~ -0 W A \0 Agreement filed in the office of the Town Clerk: oate,1 II \ O~ -( 'rown Clerk _...__...___ .. O.....IT-, "'nC-:Tn ~n ~n Tnr Ma~ 08 03 02:16p Vaughan, Dale L Hunter,PC (508)228 3070 p. 1 CULlll NANTUCKET ZONING BOARD OF APPEALS TOWN ~D COUNTY BUILDING NANTUCK~T.KA 02554 File No.@i-~2- Assessor's parcel Z&2 _J<f(}" THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO MAKE A DECISION (or to hold a public hearing OJ: take other action) concerns the Application of: ve rt7J-f( n AJOff)I/lee -rrvs! pursuant to the provisions of the Acts of 1967. Chapter 498, amending the State zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant (s)/petitioner(s) and the Board of Appeals hereby agree to extend the time limit _ for a public hearing ~ on the Application, or _ for a decision ~ of the ~oard, or - for any other action " by the Board, (whether such Applj.cation. is an ap)?eal _ from the decisi~n of an~-~inistrative Off~c.ial. a petition for a Spec1al penut , or for a Var:tance )( , or for any extension ___, m 1fication ___, or reneta! ___ thereof) to the NEW TIME LlMIT of midnight on ~fJj( JC t ;( ~ 20a '5 but not earlier than a time limit set by sij{ti:lte or ylaw. The Applicant(s). or the attorney or agent for. Applicant(s} represented to be duly authorized ~act in this matter for Applic~nt(s), in executin9 this Agreement waives any rights undt- t e Nantucket zonlng Bylaw and the state Zoning Act, as m ~, to the extent, but only to the extent, inconsis t i ..~'.' Agreem . ' ~:;;;:_ '1'/ " - .:k -> N- " ,t4 ~. ~:." !1f~?~P ~ :;;: - d w -..~ "- J :3: ~ -< o - E ect~ve dat cc: Town CIe planning Building Agreement f'led in the office of the Town Clerk: Gt3 S Date Town Clerk. ~an'Jn cn QO hew Form 6-89 NANTUCKET ZONZNG BOARD OF APPEALS TOWN AND COUNTY BUZLDZNG NANTUCKET, MA 02554 File NO.~-O~ Assessor · s Parcel ? 10 -ll (0 THIS~GREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO 'MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: T..o~(h Ii .k&D\/}:f-f" \W~ Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State zoning Act, Chapter 40A of the Massachusetts' General Laws, Appl icant (s) lpeti tione-r (s) and the Board of Appeals- 'hereby agree to extend the time limit - for a public hearing ~ on the Application, or - for a d~cision ~ of the ~oard, or for any other action by the Board, (whether such Application-is ,an appeal ___ from the' decisi9n of an~'a~;n~strativeoff~cial, a petition for a Spec1al Perm1t ~ or for a Var1ance )( , or for any ext~nsion ___, mod1fication ___, or: renewal ___ thereof) to the NEW TIME L+MIT of midnight on ~Y10 (>,/1 ~W~ ~ but not earlier than a time limit set b statute or ylaw. The ~pplicant(s), or the attorney ___ or agent ___ for,. Appl1cant(s) represented to be duly author1zed to act 1p th~smatter ~or Applicant(s), in executin9 this Agreement wa1ves any r1 hts onder the Nantucket zqn1ng Bylaw and the state Zoning c a amended, to the extent, but only to the extent,' on s nt ith ~ent. /, JtT 2 ~:; ",..-; c:::J ;;: i ::, --- ("') w r- rn -0 ~~ /..J . N 0\ ~ ~I t ~Jd2-- Effect~ve date of Agreement cc: Town Clerk Planning Board Building Commissioner Agreement filed in the office of the Town Clerk: Date Town Clerk h.tU'l'.dJL..r.L'l' :t.uJ.'ll..NG BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET,MA 02554 File No. ~Cl2> Assessor's Parcel ~(p -flip THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO-MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: T~ Y'rOtf)/ /; 1IJ0l// ~ 71Gu>r f Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant (s)/petitioner(s) and the Board of Appeals hereby ;(ree to extend the time limit - for a public hearing ___ on the Application, or - for a decisionf-- of the Board, or for any other action " by the Board, (whether such Application is an appeal ___ from the decisi?n of an~-aq~inistrative off~cial'ya petition for a SpecIal PermIt ~, or for a VarIanceF, , or for any ext~nsion ___, mOdIfication ___, or: renewal ___ thereof) to the NEW TIME LIMIT of midnight on I r)JY)LbfU 3 (, 2cx:l3 but not earlier than a time limit se~y stat~~ bylaw. The Applicant(s), or the attorney or a<]ent for. Applicant(s) represented to be duly authorIzed to act in th~s matter ~or Applicant(s), in executin9 this Agreement waIves an rIghts under the Nantucket zonIng Bylaw and the State Zon'ng Act, as amended, to the extent, but only to the exten , inconsistent with this Agreement. - ~ I ~) o~ ;z: 1: ~< c:::J \ :z: :'" <:: i F'OR UJ~ {LJy- G - U1 rr: Al' -0 Eff{lifd~at:Of ':"T .J::lo, (6 U1 Agreement CC: Town Clerk Planning Board Building Commissioner Agreement filed in the office of the Town Clerk: Date Town Clerk 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, SEPTEMBER 13, 2002, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: TERRAPIN NOMINEE TRUST BOARD OF APPEALS FILE NO. 064-02 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By- Law Section 139-33A (alteration/extension of a pre-existing nonconforming structure/use). In the alternative, Applicant is seeking relief by VARIANCE under Nantucket Zoning By-law Section 139-16A to complete the project as proposed. Applicant proposes to eliminate a "pole barn" foundation, with a ground cover of about 733 square feet, and enlarge the existing primary single-family dwelling, by a maximum of733 square feet. The existing dwelling has a ground cover of about 1,411 square feet and after construction of the addition it would have a total ground cover of about 2,126 square feet. The Locus also contains a secondary dwelling and a separate barn. The Locus is conforming as to lot size with the Lot containing about 127,414 square feet of area in a district that requires a minimum lot size of 120,000 square feet. However, the Locus is nonconforming as to ground cover ratio, with the Lot containing about 5.13% ground cover ratio in a district that allows a maximum ground cover ratio of3%, and as to frontage with the Lot having about 106.12 feet along Bassett Road, in a district that requires a minimum frontage of 200 feet. The Premises is located at 22 BASSETT ROAD, Assessor's Map 26, Parcel46, Land Court Plan 37002-A The property is zoned Limited-Use-General-3. /!!;~e}1h&@~ THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. , ,- , : I I ; I i I I I . Fa :::0 -1_ C):~ =- m -;,> ~-~ en (") :'1' c::J --- ....11 c: \.oJ c; ~ . '. 0 .- r~" .- .... ' , -0 \.oJ ,11 ~ ;-~ \--- 0\ BoA-_ Form 1:-99 N~~TUCKET ZONING DO~ OF APPEALO TOWN AND COUNTY DUILDING, -:N1I1ITUCKET, HJ\ 02554. No(iiV CJ\8E APPLICATION FOR RELIEF Owner's name(s) : Mailing address: TerrapintNominee Trust c/o P.O. Box 659, Whaler's Lane, Nantucket, MA, 02554 Applicantls name: same M~i1ing address: Location of lot: Assessor's map and parcel number 26 - 46 street address: 22 Bassett Road Registry Land ct Plan, :Riil:lOtxllkxJUt~X)(J&x~x~e 37002-A Lot_ Date lot acquired: ..2.V2!../2000 Deed Ref _,_ zoning district LUG-3 Uses on lo~ - commercial: :None ~ or )~CD? _ - number of: dwellings~ duplex~ apartments~.rental rooms_ Building date(s): all pre-8/72? Building Permit - appl'n ~ :Nos. Case Nos. all BoA applications, lawsuits: state fully all zonin~ relief sought and respective' Code sections and subsections, spec~fically what you propose compared to present and what grounds ~ou urge for BoA t? make ea~h findi~g per Section 1J9-J2A if Var~ance, 139-30A - ~f a Spec~al Perm~t .(.'9-Jl'p' 139-33A if .toaHer or"'ext'end 'a, nonconforming use).' If appeal per 139-32A ~B _ , attach decision or order appealed. OK to attach addendum . Applicant seeks a Special Permit under section 139433A of theeBy-Law to reconfigure the ground cover of existing, non-conforming structures on the lot by eliminating'a Pole Barn (733 sq.ft..of ~,c.~_an1 entarg~~~ tqe. 'A:~;::ivr6~~~t~T~l='(;~ . or C of O?yes ,I ,-," 11 Items enclosed as part of this Application: orderl addendum2 xx Locus map Xx site plan xx showing present..--M +planned xx -s't:r;ucture~ Floor plans present xx proposed XKelevat~ons (HDC,a~proved?) Listings lot area xx~rontage XXSetbacks xx G(;RXX park~ng data xx Assessor-certifiea-addressee IISt 4 sets XX ma~lIng label9 2 setsxx f200 fee payabl_(L.to..2own -.of Nantucket.XX proof., _ I cap I c6venant - (If an appeal, ~sk Town Clerk tC?__~e~"d.I3ldg Comr IS r.~c~~~ to BoAT I certify that the requested complete and true,to the bes pertalties of perj'ury'. .",;,_U.. Terrapin Nominee Trust "_ SIGNATURE: 3 By: Kevin F. Dale, (If not owner or rmation submitted is substantially y k~?~;t~de~ the, r.~~n~ and pp{icant ~ttqrney/agent attorney, enclose proof of a~thority) Application One copy filed with Town Clerk One co.py $200 fee see related ca~p~ , ....._...! L_ ADDENDUM "A" Terrapin Nominee Trust (the "Trust") is the owner ofthe improved real estate located at 22 Bassett Road, Nantucket, Massachusetts, 02554 and shown as Parcel 46 on Tax Map 26. The property has an area of 127,414 square feet and is located in the LU G- 3 zoning district. The aggregate ground cover of buildings on the property is 6,539 square feet (5.13%). The property is non-conforming as to ground cover because a maximum ground cover ratio of three (3%) percent is permitted in the LUG-3 zoning district. By way of background, the property was subject to a seven (7%) percent maximum ground cover requirement until January 1,2000 pursuant to the provisions of Section 139-16 of the Zoning By-law. The following amendment applied to the Trust property: "Provided, however that all lots in this district in existence as of November 15, 1990 shall have the benefit of LUG-1 intensity regulations." LUG-1 intensity regulations provide for a maximum ground cover ratio of seven (7%) (8,919:t sq. ft.) and a side and rear set back minimum distance often (10') feet. All of the Trust buildings were existing or under construction prior to January 1, 2000, the rescission date ofthe LUG-l intensity amendment. At this time, the Trust property complies with the current zoning by-law except for maximum ground cover requirements. The Trust wishes to eliminate the pole barn foundation (733:!:: sq. ft.) and renovate and enlarge the existing primary dwelling by adding approximately 7l5:!:: square feet of ground cover. The existing primary dwelling has a ground cover of 1,411 square feet. The renovated dwelling will have a ground cover of 2, 126:t square feet for a net ground cover increase of 715 square feet. The proposed addition to the primary dwelling will not be substantially more detrimental to the neighborhood than the existing structures on the Trust property and Terrapin Nominee Trust asks the Board of Appeals to grant this Special Permit. ~1(.J~~rtl J ().,' ~ ~ 1~G..'t.fl -- -----------, I I I I r , I I , I I , CORAL NOTEI ZONING AT TIME OF CONSTRUCTION. ZONING: LUG-l MINIMUM LOT SIZE, 40,000 S.F. MINIMUM FRONT AGEl 100 FT FRONT YARD SETBACKI35 FT REAR &. SIDE SETBACKI 10 FT GROUND COVER RATIOI7/. THE STRUCTURES ARE LOCATED AS SHOVN U ;//i---~_ JoHN,J, SH\,J5'RUE PLS DATE: MARCH 27, 2002 ASSESSORS MAP 26 :x: l- e>< CJ z tP ~ t/l ~ ~ ZONING, LUG-3 MINIMUM LOT SIZE1120,000 S.F. MINIMUM FRONTAGE/200 FT FRONT YARD SETBACKI35 FT REAR &. SIDE SETBACKI20 FT GROUND COVER RA TID: 3% PLOT PLAN OF LAND IN NANTUCKET, MA SCALEI 1'= 75' DA TE' MARCH 27, 2002 JOHN J. SHUGRUE, INC. 57 OLD SOUTH ROAD NANTUCKE~ MA 02554 FoR,TERRAPIN NOMINEE TRUST KEVIN DAL~ TRUSTEE PARCEL NO.46 #6385ABS rd' lEJlVN en __ -L -.. .. ./" -f II ,- - --;;':- , ~~<1 ~/~\~./-" \, \ II ..9 --------- ..-, , \ \ r ~-_.~.- \ ~\ \\ \ i -4' ~.. ~ \~\, \ \::~ ....- \\' I /-:) \\\ . ..----_.~ /-:.-/ \ \ \ : _.----;;;; .",-', l ,.-~-' , . \ \1;-.--:::...:.---.'. \ " ~/~.,/ \ . / . i--- ~~...._....-'" \,\ '\ \ \ .,/ )7-' , \ t,.... ,/ ~ / \ \ /V: \ \ j/~~/ ,tftl --' './ \' _-",--- _::::1.- : \ --------:;;:=:-- ------~~ \ ' ..-'../ ...- . ,,' ----~" ~ _...---- ____-- (lfIIl : ._- _____. ~oa y~ - 11 ~ z ! I r i ~ ~:~t~lu~~~.::,.I~.~.:H~ ~~.. ~.....~.. _ F. DALE l1UllEE ~ IQAIEE llIsr NAIl1UCI:ET. "'" ~ RECEIVED BOARD OF ASSESSORS AUG 0 5 2002 TOWN OF NANTUCKET, MA 4J 31/)() Town of Nantucket ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF . PIJ,OPERTY OWNER.Af.( t.I':.f. ~.k A~II~ .~. u/lfrL~ Iv. T MAILING.A~DRESS. .fr.. ..&1~5J!... 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