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Home My WebLink About055-09 VallettC=' TOWN OF NANTUCKET ti: BOARD O F APPEALS _ ,, NANTUCKET, MA 02554 Fee: $300.00 Owner's name(s): Chris and Melinda Vallett Mailing address: 14 Sesapana Road Phone Number: E-Mail: Applicant's name(s): Richard J. Glidden, Attorney Mailing Address: 37 Centre Street, Nantucket, MA 02554 Phone Number: 508-228-0771 Locus Address: 14 Sesapana Road File No. U S ~~ y E-Mail: glidatty@nantucket.net Assessor's Map/Parcel: 68/27 Land Court Plan/Plan Book & Page/Plan File No.: LC Plan 14664-C, Lot 11 Deed Reference/Certificate of Title: 16867 Zoning District: Uses on Lot- Commercial: None: Yes (describe) None Residential: Number of dwellings: 1 Duplex _n/a Apartments _n/a_ Date of Structure(s): all pre-date 7/72: 1987 Building Permit Numbers: 5543-87 APPLICATION Previous Zoning Board Application Numbers: n/a State below or attach a separate addendum of specific special permits or variance relief applying for: Please see attached. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Owner* ~,, ~ SIGNATURE: Applicant Attorney/Agent* *If an Attorney or other Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:_/_/_ By: Complete: Need Copies: Filed with Town Clerk:-/_/_ Planning Board:-/_/_ Building Dept.:_/_/_ By: Fee deposited with Town Treasurer:-/_/_ By:_ Waiver requested: Hearin notice osted with Town Clerk:-/_/_ Mailed:-/_/_ Granted:-/_/_ g p I&M_/_/_ &_/_/_ Hearing(s) held on:_/_/_ Opened on :_/_/_ Continued to:_/_/_ Withdrawn:-/_/_ Decision Due By:_/_/_ Made:-/_/_ Filed w/Town Clerk:-/_/_ Mailed:-/_/_ Addendum to ZBA Application Chris and Melinda Vallett Applicants own house and land at 14 Sesapana Road. The lot contains 33,787 square feet of lot area and 146 feet of frontage in what is now an LUG-III zoning district requiring 120,000 square feet of lot area and 200 feet of frontage. The "Milestone Court" subdivision was endorsed prior to the 1972 enactment of the Zoning By-law and had the benefit of a plan freeze. Due to litigation, the plan freeze was extended until 1984. This lot was conveyed into separate ownership prior to the expiration of the plan freeze in 1984 in order to preserve its buildability. All of the lots within this subdivision are undersized and have been built upon as pre-existing lots of record. Applicants' existing dwelling contains 1,359 square feet of area which is in excess of the allowed 3% ground cover ratio. Applicant would like to build a 16' x 18' family room addition, a 16' x 32' attached garage and a 75 square foot addition to the attached greenhouse. The total additional square footage is 875 square feet which would bring the total ground cover to 2,234 square feet which equals 6.6% ground cover. Applicant seeks a Special Permit pursuant to Chapter 139-33 4 (a) and (b) to permit this expansion on said non-conforming lot. . ~.. .. i e ?: . .;:. - -: i.,, .. 1 i ~ t r l I ~ s~auMO u M o u >I .u(1 M ., y Z ,~ t , 9L N 16'964 P8 °4..'PQ J,... N M i! I i i I ~ I ~ I .-_--~ .. . __.. y~ul ue va 1aa3 oOf 41/4 riy} ~o afeos 2O'S9 f 9I ~ T A A Y Town of Nantucket Web GIS -Printable Map Page 1 of 1 Town of Nantucket Web GIS ~ Prop ID 68 27 Address 14 SESAPANA RD Owner VALLETT CHRISTOPHER & MELINDA 14 SESAPANA RD NOT A LEGAL DOCUMENT NANTUCKET, MA 02554 Sale Date 06/08/1995 For general reference only: Important caveats Sale Price' $0 which must be considered when using this data are available from the Nantucket GIS Coordinator. Book/Page 00016/867 Lot Size 0.78 acres ~ 2tSClalfi!.ef The information displayed on this or any other I I map produced by The Town of Nantucket is for referende t purposes only. The Town of Nantucket does not guarantee the fi accuracy of the data. Users are responsible for determining the suitability for individual neetls. All information is from the Town of Nantucket Geographic Information System (GIS) Town of Nantucket, Massachusetts ` { database. I ~ 1 Map Composed ~ 8/3/2009 I ! ._.._._.._._..____~_.._...._..~_v...._._.~~_.___..._...._._._._~_ ,w..._._.__._~_~. ._..._ .~.. _... --- .. Copyright 2005 Town of Nantucket, MA. All rights reserved, Developed by AppGeo http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve=Width&MapWidth=864&MapHeight=5... 8/3/200S !1 SQ' , ryy', ~ Vv bc> N ~/ ~ ~o T n l~ ~ 2 n ~` b ~`~ .,,1 OO ynJ ~ _~ ~ M x ~1 ~x _~x ~ ~ ~ I 1 I 1 !J ~/~ ~/ 0 p s /o ~ l ~ ~ d !c' 737YYd ~ ~ dd ba ~~ 0 J~ Q JQ ~ S10 I i p. 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TONING CLAGS IFICATION• LUG- 3 MINIMUM LOT SIZE BE9VIHEQ 720,000 6.F. ExISIlNG 20,000 S. F. MINIMUM FRONTAGE 200' 746.66' FRONT SETBACK 35' 54.6' 61DE/REAR SETBACK 10'• 43.6' GROUND COVER RATIO 3% or 1,500 S.F.'• 4% (1,3593 SF.) •SEE ZONING BYLAW 139-33E(3a) '"SEE ZONING BYLAW 139-33E(2b) 54-36 & 37 N/F 7RA/NOR CB-dh 66 p3 p0 \ ~ ,-- ce do N ipp FNV. w . ~ ~ pRIVEWnY ~ _~_~ .~__ ~ - "RpvE / ~ ,raw ` ~ ~ O - G o~ . ~ tx15nNC 2 m E EX/STING ~ ~ ~ 2 STY. W/F 5 ~ NDUSE a \ ~[,.z5et sFI 2 I DECK ~f~ a 54.6~j A ~ I~ p ~ a ~ o °, ~i O ~ ~ n va' O CB-dh FNO. 68-27 33, 7781 S. F. L / N 8p76¢j" k' 70' W10E UT/L/TY EASEMENT (L.C OOC ,f29394J 66-93 N/F OL/YER TRUST 7Z7 THE 701NV OF NANTUCKET.• CERTJFY THAT THE BU/LD/NG ANO /MPRD hFMENTS SHOWN WERE LOCH-TED BY AN ACTUAL F/ELD SURhEY ANO THE O/MENS/ONS SHOWN ARE ACCURA IE TO INE BEST OF MY KNOWLEDGE AND BEL/EF. " JOHN R EARREN No 33590 ~ JAW PROFESSIONAL LAND SURhEYOR GRAPHIC SCALE 30 0 1s 3o so 1 inch = 30 [t. 68-451 N/F ELLIS s4-2el F GUNSG/J N W E U 1 b Z V s NOTES EX/57 wEL[ 1. OWNERS: CHRISTOPHER & MELINDA VALLETT ~I 2. DEED REFERENCE: LC. CERT. 16867 3. PLAN REFERENCE: L.C. 14664-C Prepared By. ItACI~ZjE~!~N~ Engineering -Surveying RiY:i{~LSLL/W8LY.71 Environmental Permitting 19 Old South Road, P.O. Box 3525 Nantucket, MA 02584 Phone:508-325-0044 Fax:508-833-2282 AS-BUILT PLOT PLAN IN NANTUCKET, MA Prepared For: CHRISTOPHER &MELINDA VALLEI? 14 SESAPANA ROAD MAP 68 PARCEL 27 ~', ao Town of Nantucket Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER ................... .............. ~......... ............... MAILING ADDRESS ................./.......... ......... ..1~..i!!-~~.......... PROPERTY LOCATION .............~~.......- ... ................ 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P7 U' M G L VI H N N N O a b W H N N Ill b H N t~l C N Ill N M M N N N N N OI T 01 OI Ol a s m ~ a a a a a' ~~~ e In N ul In In b b b b b .~ Q1 a N N 0 0 ~pNTU~h~T:~ y~, ^\ ~-' TOWN OF NANTUCKET -_ BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December 11, 2009 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 055-09 Owner/Applicant: Christopher and Melinda Vallett Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing a complaint in Land Court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. lcr°`~~ ~~ V,-VIA ~ /~,,lj, Michael J. O'Mara, Chairman cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-228-7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road, Nantucket, Massachusetts 02554 Assessor's Map 68, Parcel 27 14 Sesapana Road Land Use General 3 (LUG-3) Lot 11 Land Court Plan 14664-C Certificate of Title #16867 DECISION: 1. The Nantucket Zoning Board of Appeals held a public hearing on November 12, 2009, in the Garage Area at 2 Fairgrounds Road, Nantucket, Massachusetts, regarding the application of Christopher and Melinda Vallett, 14 Sesapana Road, Nantucket, Massachusetts 02554, Board of Appeals File No. 055-09. The Board made the following Decision: 2. Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A.(4)(a) and (b) (expansion of preexisting, nonconforming structures) to add 875 square feet of ground cover to their structure to bring the total ground cover on the lot to 2,234 square feet (6.6%) in a zoning district with a maximum ground cover requirement of 3%. In the alternative, the Applicants are requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139-32 from the intensity regulations in Nantucket Zoning Bylaw Section 139-16 for the requested addition. The site is located at 14 Sesapana Road, is shown on Nantucket Tax Assessor's Map 68 as Parcel 27, is shown on Land Court Plan 14664-C as Lot 11, and is registered at the Nantucket County Registry of Deeds as Certificate of Title No. 16867. The site is zoned Limited Use General - 3. 3. Applicants own house and land at 14 Sesapana Road. The lot contains 33,787 square feet of lot area and 146 feet of frontage in what is now an LUG-III zoning district requiring 120,000 square feet of lot area and 200 feet of frontage. The "Milestone Court" subdivision was endorsed prior to the 1972 enactment of the Zoning By-law and had the benefit of a plan freeze. Due to litigation, the plan freeze was extended until 1984. This lot was conveyed into separate ownership prior to the expiration of the plan freeze in 1984 in order to preserve its buildability. All of the lots within this subdivision are undersized and have been built upon as pre-existing lots of record. Applicants' existing dwelling contains 1,359 square feet of area which is in excess of the allowed 3% ground cover ratio. Applicant would like to build a 16' x 18' family room addition, a 16' x 32' attached garage and a 75 square foot addition to the attached greenhouse. The total additional square footage is 875 square feet which would bring the total ground cover to 2,234 square feet which equals 6.6% ground cover. Applicant seeks a Special Permit pursuant to Chapter 139-33 4 (a) and (b) to permit this expansion on said non-conforming lot. In the alternative, Applicants seek a variance pursuant to Nantucket Zoning Bylaw Section 139-32 from the provisions found in Section 139-16. 4. Our decision is based upon the application and accompanying materials and representations and testimony received at our public hearing. There was no Planning Board recommendation, as no matter of planning concern was presented. Oral and written presentations were made by the Applicants' representative, and no opposition or concerns were presented by the abutters or the public. Applicants stated that such pre-existing nonconformities are common in this area, with numerous similar permits granted by the Board for this neighborhood, as evidenced by the decision in File Nos. 067-09 (authorization for a 2,485 SF structure), 110-02 (Special Permit to validate existing addition and for increase of ground cover to 1,988 SF), 026-97 (Special Permit to increase ground cover to 2,893 SF), 046-99 as modified by -58-02 (Special Permit to increase ground cover to 2,222 SF), and 089-01 (Special Permit to add full basement and increase in ground cover to 2,334 SF), as well as a pending application for such in File No. 076-08. These decisions repeat that, subject to Special Permit relief, the Board of Appeals and the Building Inspector (who was previously also the Zoning Officer) have treated these lots as being subject to the requirements of the R-2 zoning district, which allows 12.5% ground cover. The Board also took note of the abutting conservation land, the heavily wooded lots with substantial distances to abutting lots, structures and the road, and that the entire subdivision is limited to one single family dwelling put lot by a recorded restriction granted to the Planning Board and the Nantucket Conservation Foundation (see Document Nos. 29149, 29310 and 31290 recorded at the Nantucket Registry District for the Land Court). The Board also noted that the unique shape of the lot with the acute angle at the northern half could justify variance relief. 5. Therefore, based upon the foregoing, the Board of Appeals finds that the requested relief is not substantially more detrimental to the neighborhood because most or all of the lots in the neighborhood are already well over the 3% ground cover limitation and many have received Special Permit or variance relief. Additionally, the Board finds that the unique shape of the lot justifies variance relief by finding that literal enforcement of the Nantucket Zoning Bylaw will cause the Applicant a substantial hardship regarding the ground cover, which poses no substantial detriment to the public good and does not nullify or substantially derogate the intent and purpose of the Bylaw. 6. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by VARIANCE pursuant to Nantucket Zoning By-law Sections 139-32 to allow an increase in the ground cover ratio up to 6.6% (875 SF increase), so as to validate the existing conditions and accommodate the proposed addition to be constructed in substantial conformity with materials submitted to the Board and under Certificates of Appropriateness No. 54106 to be issued by the Nantucket Historic District Commission, with no other conditions. SIGNATURE PAGE TO FOLLOW Dated: ~~~Q.l~~? //, , Mic ael .O'Mara ~~~ - __ usan McCarthy ~ ~~~A ~ ~` ark Poor COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On this ~ day of 009 ,before me, the undersigned notary public, personally appeared CGYK l/>r (a) X personally known to me, or (b) proved to me through satisfactory evidence of identification, which was (type of identification) to be the person v~:hose name is signed on the preceding or attached document, and acknowledged to me ti.at he/she signed it voluntarily for its stated purpose. ~~ Official Signature and'Seal of Notary Public My commission expires: /~9d~cl ~,, ~~i 3