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Home My WebLink About118-98' TOWN OF NANTUCKET B(JARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December10 19 98 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 118-98 Owner/Applicant: CHRISTOPHER BONERS AND FRANCIE BONERS 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. W ` Dale W. Waine ~ 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 §139-301 (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. Dec-08-98 01:22P VAUGHAN AND DALE P.C 508 228 3070 NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map: 2b Parcel: 7 Limited Use General III 31 Quaise Road Plan Book 6, Page 33, Lot 2 Plan Book 19, Page 37, Lot 1 Deed: Book 583, Page 45 At a Public Hearing of the Nantucket Board of Appeals held at 1:00 p.m., Friday, November 20, 1998, in the Town Building Annex, 37 Washington Street, Nantucket, Massachusetts on the Application of CHRISTOPHER BONERS and FRANCIS BONERS of 31 Quaise Road, Nantucket, Massachusetts 02554, Board of Appeals File No. 118-98, the Board made the following DECISION: 1. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A (alteration/expansion of apre-existing non-conforming structure/use}. Applicants propose to alter a said to be pre-existing boathouse/garage by constructing a second story with a bedroom with no increase in the existing ground cover. The Locus also contains asingle-family dwelling with the boathouselgarage being attached to the main structure by a breezeway. The Locus is non-conforming as to lot size having a lot area of 12,800± square feet in a district that requires a minimum lot size of 120,000 square feet, though until January 1, 2000, the lot has the benefit of LUG-! (40,000 square feet) intensity regulations; as to frontage having a frontage of 70± feet along Quaise Road in a district chat requires a minimum frontage of 100 feet (LUG-1); as to ground cover with a lot having a ground cover of 14°la in a district that allows a maximum ground cover of seven (7%) percent (LUG-1); and as to side yard set back with the boathouse/garage being sited 1.0± feet at its closest point from the easterly side yard lot line in a district that requires a minimum side yard set back of ten (10') feet (LUG-1). As part of an overall renovation, the number of bedrooms on the Lot will be reduced from five (5) is three {3}. The Premises is located at 31 QUAISE ROAD, Assessor's Map 26, Parcel 7, Plan Book 6, Page 33, Lot 2; and Plan Book 19, Page 37, Lot 1. The Property is zoned L1MITED USE GENERAL 3. 2. Our DECISION is based upon the application and accompanying materials, and representations and testimony received at the Public Hearing. The Planning Board stated that the Application was not of Planning concern. There was no opposition on file or expressed at the Public Hearing. 3. The Applicants, through eouncel, stated they had resided in the house on the Premises for fifteen (15) years and recently purchased the Premises as their primary residence. A new septic system has been ins[alled on the Premises and the Nantucket Conservation Commission has issued an Order of Conditions No. SE48-1200 for the P_02 Dec-08-98 01:22P VAUGHAN AND DALE P_C 508 228 3070 P_03 proposed renovation project. Further, the Nantucket Historic District Commission has issued an approval for the project design. According to the Applicant's counsel, the previous owner, Eben Hutchinson, Jr. , built the house and attached boathouse/garage in 1941, thus the structures are pre-existing and non-conforming. The Applicants proposed floor plan for the project includes the reconfiguration of living space so as to reduce the number of bedrooms from five (5} to three (3), thereby reducing the intensity of use of the property. The Applicants presented to the BOARD proposed design plans. for the project which reflected three (3) bedrooms: one (1) bedroom on the second floor of the house; one {1) bedroom on the ground floor of the boathouse/garage; and one (1 } bedroom on the sec:vnd floor of the boathouse/garage. The plans reelected no• increase in the existing ground cover. A portion of the easterly side of the boathouse/garage is located within the ten (10') foot side line set back and is not changing. Pursuant to the Massachusetts Appeals Court decision in Gvldhirseh v. McNear, 32 Mass.App.Ct. 455, 461 (1992}, this BOARD must first determine whether the proposed renovation project constitutes an intensification of use of the property and, if sv, whether this intensification of use is "... substantially more detrimental than the existing, non-conforming structure or use to the neighborhood" pursuant to §139-33A of the By-Law. 4. Based upon the foregoing, the BOARD finds that the proposed renovation of the existing structures vn the Property does not constitute an increase in the intensification of residential use as the number of bedroots is being reduced from five (5} tv three (3} and reallocated within the existing floor space. Therefore, the BOARD finds that such increase or change is not substantially more detrimental to the neighborhood than the existing house and garage/boathouse and the nvn-conforming side yard set back distance is not being altered or increased with the subject change. 5. Accordingly, by UNANIMOUS vote, the BOARD GRANTS the requested relief under Nantucket Zoning By-law §139-33A to construct the project as proposed upon the condition that the project shall be constructed in substantial conformity with the plans approved by Nantucket Historic District Commission in Certificate of Appropriateness No. 32,436. Dec-07-98 04z33P Vaughan and kDa 228-3070 P.04 /~~=-~~) December. 1d ((~~~ ~ (~ ALE WAINE RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 DEC 1 0 1998 TIME: 3 • ~~ -- CLERK: x I- ~~. ~~ EDWAKD MURPHY TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON 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, NOVEMBER 20, 1998, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: CHRISTOPHER BONERS AND FRANCIE BONERS BOARD OF APPEALS FILE N0. 118-98 Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A (alteration/expansion of a pre-existing nonconforming structure/use). Applicants propose to alter a said to be pre-existing boathouse/garage by constructing a second story with a bedroom with no increase in the existing ground cover. The Locus also contains a single-family dwelling with the boathouse/garage being attached to the main structure by a breezeway. The Locus is nonconforming as to lot size having a lot area of 12,800+ square feet in a district that requires a minimum lot size of 120,000, though until January 1, 2000, the Lot has the benefit of LUG-1 (40,000 square feet) intensity regulations; as to frontage having a frontage of 70+ feet along Quaise Road in a district that requires a minimum frontage of 100 feet (LUG-1); as to ground cover with the Lot having a ground cover ratio of 14+% in a district that allows a maximum ground cover of 7% (LUG-1); and as to side yard setback with the boathouse/garage being sited 1.0+ feet at its closest point from the easterly side yard lot line in a district that requires a minimum side yard setback of ten (10) feet (LUG-1). As part of an overall renovation the number of bedrooms on the Lot will be reduced from five (5) to three (3). The Premises is located at 31 QUAISE ROAD, Assessor's Map 26, Parcel 7, Plan Book 6, Page 33, Lot 2 and Plan Book 19, Page 37, Lot 1. The property is zoned Limited-Use-General-3. THIS NOTICE IS AVAILABLE II ALTERNATIVE. FORMATS..: (SO~r 2~8=72.1 ~ . _ _ -- : _ ._ . Dale W. Waine, Chairman ~ LARGE PRINT 0R CQTHCR FOR ASSISTANCE LALL _ BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDINC3~ ~ Date 'NANTIICRET, MA 02554 II~/ ~!/~ CASE No. I IX - APPLICATION FOR RELIEF ~ '~~~TTT'''~~~T' owner's name(s): CHRISTOPHER BbVERS and FRANCIE BONERS Mailing address: _ 31 Ouaise Road, Nantucket MA 025 4 Applicant's name: same Mailing address: same Location of lot: Assessor's map and parcel number 26 -007 Street address: 31 puaise Road Lot 2, Plan Book 6, Page 33; Lot 1, Plan Book 19, Page 37 Registry Land Ct Plan, Plan Bk & Pg or Plan File Lot Date lot acquired: ~22 98 Deed Ref 58~ 95 Zoning district Lu - Uses on lot - commercial: None x or MCD? - number of: dwellings 1 duplex- apartments- •rental rooms- Building date(s): all pre-8/72? ves or Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: _ C of 0?_ State fully all zoning relief sought and respective•Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per_Section 139-32A if Variance, 139-30A if a Special Permit,(;alld.139-33A ~ if to alter or~•extend'a nonconfforming use).'If appeal per 139-3~A & B _ , attach decision or orderl appealed. OK to attach addendum . The applicants seek a Special Permit pursuant to Section 139-33A(4) of the By-law to alter a pre-existing, non-conforming boathouse/garage by constructing a second story with a bedroom with no increase`•in exisEing'grourid cover. ,~ Items enclosed as part of this Application: orderl addendum2 x Locus map x Site plan x showing present x +planne~c, x '"structures Floor plans present proposed- elevations (HDC-approved?_) Listings lot area x frontage x setbacks x GCR x parking data Assessor-certifie3 addressee Test 4 sets_g, mailing label 2 sets $200 fee payabl.e._.to_.~.'nwn of Nantucket • x proof • - -'cap' C~~ienarit l(If an appeal, ask Town Clerk to sencT-Bldg Comr s record to BoA.~j- I certify that the requested information. submitted is substantially complete and true, to the bestVof my knowledge, under the gains and petlalties of p jury'. '•~••"~° SIGNATURE: ~~ CO's ~~~?~i~ant AttorneY~{~mt x Christophe Bover and Franc' overs y their Attorney, Kevin F. Dale 3(If not owner or owner's ttorney, enclose proof of authority) RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 NOV 04 1998 TIME: CLERK: FOR Bo OFFICE USE ~~ i~ Application copies recd: 4 or_ four, Bco~A'o~~ ~ by One copy filed with Town Clerk on~ // N. by complete?_~ One copy each . to Planning . Bd and Buildin~c~ , De,~t ~ ~/~Y y $200 fee check given Town Treasurer on~ ~~by~waived?_ Hearin notice ,l~l/~~ ~~~~ ~ ~ ~ ~~~~ q posted mailed I & M ~'. Hearing (s) on___/_/_ cont' d to_/_/_, _/_ j_ withdrawn?_/_/_ Decision due by_/~_ made-/-/- filed. TC_/_/_ mailed,_/_/_ See related cases lawsuits other r ADDENDUM "A" The Applicants, Christopher and Francie Bovers, own property at 31 Quaise Road which includes a single family dwelling and garage/boat house. Both structures have existed on the property in the same configuration and location since a time prior to July 1, 1972, the effective date of the Zoning By-law, as evidenced by Eben Hutchinson's Affidavit, a copy of which is annexed hereto as Exhibit "B" . The property is located in the LUG-3 Zoning District and is non-conforming as to area, frontage, setbacks and maximum allowable ground cover. The property includes approximately 12, 800 square feet, has 70.00 feet of frontage on Quaise road, and the buildings on the property have an aggregate ground cover of 1,790± square feet (14%). The garage/boat house is 1.6± feet from the easterly side lot line, at its closest point, and is approximately 1.3 ± feet from the rear lot line, at its closest point. The intensity regulations for the LUG-3 Zoning District require a minimum lot area of 120,000 square feet; minimum frontage of 200 feet; minimum side and rear setback of 10 feet (lot of record); and maximum ground cover of 3 %. The property is, however, subject to, and has the benefit of, LUG-1 intensity regulations until January 1, 2000. (LUG-1 intensity regulations: Lot Area: 40,000 square feet; Frontage: 100 feet; side and rear set backs, 10 feet.) The Applicants are in the process of renovating their home on the property and wish to add a second floor with a bedroom and bathroom over the garage/boat house. The foot prints for all buildings shall stay the same and there will be no increase in ground cover. The existing dwelling has five (5) small bedrooms. After renovation, the house and garage/boat house will have a total of three (3) bedrooms. The Applicants' renovation plans have been approved by the Historic District Commission and the Applicants have been issued a final Order of Conditions by the Nantucket Conservation Commission to proceed with the renovation work. The Applicants' proposed vertical expansion of the garage/boat house to include a second story bedroom and bathroom will not increase the intensity of use of the building, nor will it be substantially more detrimental to the neighborhood than the existing structures. In fact, the proposed renovation will decrease the intensity of use by decreasing the number of bedrooms from five (5) to three (3), and will significantly benefit and enhance the neighborhood by upgrading the buildings on the property in a careful and modest way. The Applicants ask the Board of Appeals to grant the requested Special Permit Relief. _ r r r ru v11 LL 1 .v 1 vrlvl rJ .JJ.J1/ IJUU J/ LL 1 V/ LL ~~~ ~ a~d~~O~I:J `,~ 3J43lMON~ ,lW d0 1S3a .3H1 Ol ~.d112130 .1832l3N 1 t~ v ~~~ ~~~ ~ ~~a'~"' 'S1N3W3bnSb3W o~3(d woad a311o~d 3bd ~~13 ~W ^I~M ~ , f~biy NL w ~S~N~all~8 'N03?~3H Ol a3b3d s S3N(l ,ud3do~d ~~.~+~~ ~~~ ,~~Ir N b NO ~3~ Y`t0~1~ K3x~dl 32~b' NMOH ins 13~~n~~ ~,dN a3o~o -oG Lt :•x•0.0 ONIlSiX3 . ~ NI 5~01~3~r~,t~h~ ,L~~ I ~ o fa -fj ( ~J o ~ ~i- ~~i ~'~~~ :~0~ C13~dd3~d ~ ~ ,y~ ~~Odfl13S C12~d),.I.NO ~,~ ~ :3-IdJS ~ ~ oo( ~3`Jd1N0~fd W(1W1NIW ~~ ~z~ >> '31da ~ ~10(11NdN ~-~ ~xx~~o~' ~3ZIS 10~ Wf1WINIW ~ddW ONINOZ 1N3?~~~~ ~ SONOdSSdW l3 S113 NI l2~OW ~-' ~~~ ~ ~ g n ~ ~~ ~~ ~~ tvd~d No11~~dSr~ 30d0 ~~ i yn~ ~~ 1e~ ~U ~ r ~~ l6 y f 9 -~~ t',~ ,, c a s ~ ~~ c I N ~- _:"~ ~y~~Q ~ ~~ ~ro°1 ~ Sl ~ ~ ~r a ~ ~~i~~ G ~$_°-~ t G~~~ t J / 't,\` qqY ~ ,~ ~ ~ ~~.~,~~ ~~~ , ~~ ~ ,, , U ~i ~~ o t~, ~ A~ z I ~ I ~i ~I I w, a~ 1 ~'-£'• ~ - ; ,} ~; ..~~ ~. ~+~•~ w` I ~. i r ~~;~ J ~~ ~~ l.~ =b~~d 4c `FL ~~ ,YR'~ l Lo"~ ~~ ~ --- ~ ~ 3#r~yi'..1~l. ~lt~.~c~`~~. yN~ls~r~. ~. ~~. Y ~'~~~' ; 1 ~ g'~G ___---. ., ~'~ rn .~o~~~ ~~ 0~ ~ 6 ~~ oo°~ - _~. ~ ~ oa ~ . ~ ~ ~ •T~< .Q ~ Q .fir-•r7 -zi?1v~Y! ,, ...t / G .:: "~ ~ ~- .1. r ~1~ ~rv~~ ~r.~n .~ \ , ~ ~~ \ . ~. ~.~ J" ~ his z/ ~ ~~~ ~l>~ ~\ ~. _u ~G ~~ __. ---~ ~ ~~~~v ~ 7 ~~- ~~ ~~ ,. .~. ~:;. err ,s .,~„ r~ 1 2 r« r - -__. - - ~l ~ ~.~ ~, o~~° ~~~~~ 7. 4 Q 3 2 1 1 Q YI 6 !S 8 ~~ 11 ~~ ~ 4 t2 1.0 AC. i t ~ 13 4.0 AC. ~ „« ~ .a~. \~/" S,Fs• b4.~ A ~~• s ~~,N 0 Q O ~ C 16 2.7 AC. ~~ Bow Form ~O ~~ PROPERTY OWNER: NAN7.'UCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BIIILDING NANTUCKET, MA 02554 ASSESSOR'S LIST OF PARTIES IN INTEREST ppPLICANT FOR RELIEF (SAME? ) 2-89 (c~crruif) ADDRESS OF ZROrERTY: ~ /~ ASSESSOR'S MAP - PARCEL: !~/ - ~0 LIST OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED ): I certify that the foregoing (or the attached ) lists all persons, natural or legal, who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other 1 ert ~assthey (and their address)eappearhon property line of Owner's prop Y. the most recent applicable tax list [per M.G.L. c.40A, §11 and Zoning Co e Chapter 139, §139-29D(2)l• ~ ~~ Q$ Assessor's .Office Date Town of Nantucket *NOTE• Applicant (Petitioner) should include with the lot for which zoning relief is sought, any comm~e~y-oL st m~aptand parcelshfor eachtabutter. involved in the zoning ma Submitted by Vau ha~ a ~ D le, P. C. Date : aG Client: jah/FORMS/boa 10/u""5!98 TOWN OF NANTUCKET 91:32:37 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 0026 0003 KELLEY MARGARET P 9 CAULKINS RD 0039 QUAISE RD C/0 JOAN P HOLDGATE NORWICH CT C6360 0026 0004 THORNTON CAROL A 40 DRIFTWAY # 17 0037 QUAISE R7 SCITUAT"c MA 02065 002b 0005 TAYLOR JULIET B ~ WILLARD 8 0125 BROAD STREET 0035 QUAISE RD Lw~Y,S QcvCt..(. Q0O~9 TRUSTEES NEW YORK NY 10004 0026 0008 LOUCKA BARBARA L 0035 CENTER ST 0029 QUAISE R9 C/0 HAYES WILLIAM NANTUCKET MA 02554 C026 0011 CARTER SHIRLEY B 1437 41 ST 0027 QUAISE RD SACRAMENTO CA 95819 0026 0050 *ROVEGNO EDWARD J & JENNIFER 197 EIGHTH STREET # 411 0036 BASSETT RD CHARLESTOWN MA 02129 0026 00501 *ROVEGNO EDWARD J & JENNIFER 197 EIGi~ITH STREET # 411 0032 BASSETT RD CHARLESTOWN MA 02129 0026 00543 NANTUCKET CONSERVATION FOUND I PO BOX 13 0020 QUAISE RD NANTUCKET MA 02554 0026 00544 TAYLOR JULIET B & WILLARD B 0125 BROAD ST 0034 QUAISE RD TRUSTEES NEW YORK NY 10004 0026 00542 BUTLER ARTHUR E & MARTHA L 0030 QUAISE RD 0030 QUAISE RD NANTUCKET MA 02554 0026 0053 BUTLER ARTHUR E & MARTHA L 0030 QUAISE RD 0030 QUAISE RD NANTUCKET MA 02554 PAGE 1 MUAS750 8.5 NUMBER Of RECORDS = 11