The URL can be used to link to this page

Home My WebLink About046-99TOWN OF NANTUCKET BOARD OF APPEALS -~~~°~~ NANTUCKET, MASSACHUSETTS 02554 Date : May o~ $~ 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.: Owner/Applicant: 046-99 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 . Waine ~ Chairman ~EGE(VED OV~JN CLERK'S OFFICE NANTUCKET. MA 02554 cc : Town Clerk C~~,~ ~ 8 ~99q Planning Board TIME: Building Commissioner rl~~. ~-~.~Q.a rk CLERK:. I., - ' -f - PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE r~ llriu~- 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 ""'~~" ~ . - - - 37 Washington Street Nantucket, MA 02554 Assessor's Map 68 3 Sesapana Road Parcel 23 LC Plan 14664-C, Lot 22 R-1 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 §139-33A (alteration/expansion of apre-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± 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 §139-16A to complete the project as proposed. The Premises 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 asingle-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-III 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± 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 §139-33A 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~c/opy of which is attac hereto as Exhibit "A". Dated: ~ ~ b , 1999 ~~~~~~ e ~rn-. Linda F. Williams 6~ Micha .O'Mara Edward Murphy ~J rl. Nancy S r ns . t' S FP FN F c` SE .,,a•2~ 15 w ll: 3 L -,~.~ s ~ M ~ N '~+ I ~ i J Q z~ 0 1-~-Q P~ ~'~ P; :o Z~ i ~• ~ W :~ -~- N) ~!'~ N7 Z ~ a~ , ~ ~~ 1 W p ti.. <U N m F- M ~~ ~ ° 1 N~ M 21 ~` 11 11 ` 1 1 ~ ~ __ ~ .-~ ~ ~~~ .~--. ~ _ ~- _- Sig 4242 15"E TOWN OF NANTUCKET ZONING BDARD OF .APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCRET ZONING BOARD OF APPEALS will be held at 12:00 P.M., FRIDAY, MAY 14, 1999, in the CONFERENCE ROOM, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: JAMES AND BARBARA BAISLEY BOARD OF APPEALS FILE N0. 046-99 Applicants are seeking a 5PECTAL PERMIT under Nantucket Zoning Bylaw §139-33A (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+ square feet 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 Bylaw §139-16A to complete the project as proposed. The Premises is located at 3 SESAPANA ROAD, Assessor's Map 68, parcel 23, Land Court Plan No. 14664-C, Lot 22. The property is zoned Limited-Use-General-3. , Dale W. Waine, Chairman BoA Form 1-89 NANTIICKET ZONING HOARD OP APPEALS D `` TOWN AND COffNTY DOILDZNG • NANTIICRET, MA 02554 CABE N - ~PLICATION POR RELIEF W ~' U ~ , o ~O ~ tr t- UJY o0 ~ ~U~ ~ 2 ~ ~ . O Q I ~~' r- z ~ ~_ Owner's name(s): James & Barbara Baisley Mailing address: 530 Longwood Avenue, Glencoe IL 60077 Applicant's name: Same Mailing address: Location of lot: Assessor's map and parcel number 0068-023 Street address: Sesa an R Land Coy t Plan 14664-C Lot 22 Registry Land Ct Plan, Plan Bk & Pg or Eiazs=8>~e Date lot acquired: _/~_. Deed ReP COT,11921 Zoning district ~i~r Uses on lot - commercial:'None - or MCD?_ - number of: dwellings 1 duplex- apartments- rental rooms- Building date(s): all pre-8/72? or 1984 C of 0'~ Building Permit appl'n. Nos. 3656-84, 4248-85, 9765-93 Case Nos. all BoA applications, lawsuits: 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 179-~2A iP Variance, 179-:oA if a Special Permit (and 139-73A ~ if to alter or extend a ncr~con~orming use). If appeal per 139-3~A b B attach decision or order appealed. OK to attach addendum . See attached, Exhibit A. Is this orooerty within the Public Wellhead Recharge District? Yes Items enclosed as part of this Application: orderl addendum2_ _ Locus map x Site plan R showing present x +planned x struct'.es Floor plans present proposed- elevations (HDC aapproved. _ Listings lot area frontage setbacks- GCR parking data Assessor-certified addressee. ist 4 sets ma~ling labels 2 sets= Si200 fee payable to To`~n oP antucket proof 'cap' covenant (If an appeal, ask To~~ erk to send Bldq ComrTS record to BoA.! I certify that the equesteb information submitted is substantia'_'y complete and tru to the best of my knowledge, under the pa=ns anv penalties of per ury. SIGNATURE: Applicant _, Attorney/agent x 3(If not owner or owner's attorney, enclose proof of authority) '~ o FOR-Bo OFFICE USE Application copies recd: 4 or_ for ''BoA on '~ ~ ~bY One copy filed with Town Clerk on~/~ ~~ by--~ > Gam- complete? One copy each to Planning Bd and Building D7erpt~/~ 5200 Pee check given T wn Tr.easurer o ~d ~by ~jaiv~ed~,?,_ Hearing notice posted~~ mailed ~ ~~ ~ M `~ ~ =' Hearing(s) on,~_/_ cont'~'~ to~~_, ~~._ withdrawn?~~'_ Decision due by_/~_ made,-/-/- filed TC_/~_ mailed~~_ See related cases lawsuits other 1 EXHIBIT A Applicant is seeking a Special Permit under Nantucket Zoning By-law, chapter 139- 33A (Alteration/Extension of aPre-existing, Non-conforming Structure/Use). Applicant proposes 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 square feet of ground cover. The locus is non-conforming as to lot size, having a lot area of 30,033 square feet in a district that requires a minimum lot size of 120,000 square feet; as to frontage, having 123.30 feet in a district requiring 200 feet; and as to ground cover ratio, having 4.77% in a district that allows a maximum of $%. Ikxumanl _ 000'OZf_3 Op'pZf3 - - T' I -- SAC J/~ a i rr~ ~ v•fn ,^ O J \ \ _ -`` _ , '``\ w t .`` ~ ~\ ~\ h ~_ i ~ \ • ~ t• J ~~~ A ~ I \ ~ ~~ ~ _ / \~ _~`~ j~ M ~ "~ I \ I J ~ w I «T \ r S T fro h r w ~ 1S~a - - -- " / ~ 3 ~ ~! M,``` _ ~ w r \ / '~ .,/ T a ~ S 2 Q ~ o ~ ~`, \ a ~ t f + "~_ ~ ~ "~_~ eo - : ,~ ~ s ,. Y ~ ~ O 1 V 0 « r I ! ~ r _ ~ ~` d t • ^ ^ ~ ~ _~.,. = ~ _-= - ~T - ~ ~` • r w • ~ h e _ o ~„ r • M J s Y ~ ~ ~V Iv I•+ ~ ''! 1 1 e ~ N t1J T Q' ~ J s o- S O ~ O •~ r T -. ___' i_ N C ``~. T n - J `-`` ' N 7 r ~~ \ I ~ , ~ \ N ~ N T y \\ ~~ \ \\ w r~ n T T a w 1~' ~ T t ~ I ~I / \ a ~ ' '`~ I J l_ ~ ~ ~~ . 9. _~b~~ °t, . __l_ T ~ h u " F d~ ~ „ 7 C ~ M A N w n j ~ ~/ .'/ 1i ~; J r r .. ; ~i ,y. N , ,lam i~ ~~ ~ ~ ~I -`-~' I ,. ~' ~ I 1 1 I I 1 I I Iz I L~ I o I cn I 1 ~ 0 I~ I ~ a ~, I I nx ~ . 1 ~~ I i I ZI w w -~-- Nd dd S~5 „~ d N O~ C~ c7-1 ~ O,~ z ~, G~ ~~ N Q --{ L '• i ~j T n ~ ~ ~ h Z .;,,~. }~ I i i ~ . I ~; i I h i~ J ., -I T, r P O Z U' i'~ n l' O z ~~ 3 ~~ ~- ~~ ~ n N (1' -1 0 Z eJ~ mn ~~ ~ ~~ ~~(~r-' ! -~~ b O ~O ~~ s~ )' v 7 7 .~ G o~ 0 ~r rn P r Q z R ~ ~ ~ r1 `Z ,~,po 2-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COtTNTY Bt1ILDING NANTUCKET, NIA 02554 ASSFSSCR.S LIS?' '-~r.• p7~R'f''i c,S IIvT INTEREST c'~~;~'ER^~' OWNER : - James -and -Barbara Baisl~__ .-- APPLICANT FOR RELIF'F (SAME?-X _)_-_--- _ - ADDRESS Or' PROFER'I`Y : __3 Sesapana Road _ ~.5~~'SSORS MAP & PARCEL: __ 006.8-023___ ____ :.:IST 0~ PARTIES INCLUDING ADDRESSES*(OR S=.E ATTACHED ; '_ -~,-Ytify '~har_ the frregoir:g ;~:~r she attached-! lists ~. - _ ' ::ersons natal'-`a1 or _ega ,••,rno are owners or abutting :~~ooerty owners oT- iand c~ir~:_cti.y opposite ors any public ~Y p~,;vate street or way; and abutters of the abutters and ali other land owners withi:~ three hundred feet of the property line of Owner's property, as they ( and their ~dr.ress) appear on the most recent applicable tax list ,per M,C,L, c. 40A, Section ?- Zoning Code Chapter 139, _ z~ ~~ _ ~~ - __ --~~~------- r_ssessors Office Dare Tr'~wn of Nantucket • -, r :mould i ;,elude wi t'r_ the lot -~~^T= : ?bplican` (pP .~ t-~o..e_ ', nor w.n^C;: Zonl:"!C~ rP..L1eL i~ °-;GLl~7ht, any comn'~only-owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. ~ ~ g 1989 03/22/99 r} TOWN 0'r NANTUCKET PAGE 1 08:40:15 OWNER'S MAILING ADDRESS LIST MUAS750 9.1 Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Pr operty Lo cation 0068 0021 NANTUCKET ISLANDS LAND BANK 22 BROAD ST 0041 MILESTONE RD NANTUCKET MA 02554 0068 0022 MITTELBUSHER RICHARD & JANE 89 PINCKNEY ST 0012 TAWPOOT R D BOSTON MA 02114 0068 0024 LANMAN ANNE M 0005 SESAPANA RD 0005 SESAPANA RD NANTUCKET MA 02554 0068 0025 DALE KEVIN F & BARBARA M 0007 SESAPANA RD 0007 SESAPANA RD NANTUCKET MA 02554 0068 0026 ROUILLARD THOMAS P & JOAN PO BOX 6692 0011 SESAPANA RD PORTSMOUTH NH 03802-6692 0068 0088 *CARTER RICHARD E & JUDY 6 DAWN HARBOR LANE 0029 SESAPANA RD RIVERSIDE CT 06878-2609 0068 0089 CARTER BARBARA R 0002 BUTTERCUP LN 0027 SESAPANA RD DOVER MA 02030 0068 0090 FEBRILE MICHAEL A & SUSAN E OC25 SESAPANA RD 0025 SESAPANA RD NANTUCKET MA 02554 0068 0091 STABLER MARGARETTA DUPONT 0023 SESAPANA RD 0023 SESAPANA RD C/0 ANDREWS MARGARETTA NANTUCKET MA 02554 0068 0092 CICCHETTI DIANNE M 500 CHASE PARKWAY 0017 SESAPANA RD WATERBURY CT 06708 0068 0087 REID PRISCILLA M 0028 SESAPANA RD 0028 SESAPANA RD NANTUCKET MA 02554 0068 0098 AHNEMAN EDWARD F III & LUCIA T 0892 RIVERBANK kD 0026 SESAPANA RD STAMFORD CT 06903-3114 0068 G097 GAZAILLE DENIS H 0024 SESAPANA RD 0024 SESAPANA RD NANTUCKET MA 02554 NUMBER OF RECORDS = 13