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HomeMy WebLinkAbout061-09 Bennett, John F. Jr.TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 APPLICATION Fee: $300.00 File No. ~G~ -09 Owner's name(s): John F. Bennett, Jr. Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP Phone Number: 508-228-3128 E-Mail: air@readelaw.com Applicant's name(s): Same Mailing Address: 6 Young's Way, Post Office Box 2669, Nantucket, Mass. 02584 Phone Number: E-Mail: Locus Address: 25 Allen's Lane Assessor's Map/Parcel: 67-124 Plan and Lot Reference: Plan Book 16, Page 38, Lot 3 Title Reference: Deed, Book 493, Page 71 Zoning District Residential-10 Uses on Lot- Commercial?: No If yes, describe Residential: Number of dwellings on lot 2 Number of dwelling un its 2 Duplex ? No Accessory Apartments? No Date of Structures: all pre-date 7/72? No If not, when built? Building Permit Numbers: 553-99 (as amended) Previous Zoning Board Application Numbers: 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile F:\ilp8\Henaett\JOM\EBA matter 2009\8BA applicatioo for 12-2009.doe State below or attach a separate addendum of specific special permits or variance relief applying for: The applicant requests relief by Variance from the provisions of Nantucket Zoning By-law ~ 139-7.A(2)(e}, in order to validate the construction of a secondary dwelling upon the locus which does not comply with the requirement under that section of the By-law which requires that a secondary dwelling be at least 20~k more or 20$ less in ground cover than the primary dwelling. In this instance, the second dwelling (in time of construction) has ground cover of about 1,355 square feet, while the primary dwelling has ground cover of 1,210 square feet, and accordingly the secondary dwelling has ground cover about 12Rs in excess of the primary dwelling. In order to comply with the 20$ differential requirement, the applicant would have to construct an addition to the secondary dwelling with at least 97 square feet of additional ground cover. The structure was originally constructed as a garage with workshop in 1999, the building permit application showing ground cover of 1,024 square feet. In 2000, the permit was amended to show the use as "boat storage and workshop with bath", without exterior change. In 2004, the permit was further amended to convert the second story into an apartment, with an addition of 396 square feet in ground cover. In the amended permit application, the principal dwelling was shown as containing 1,205 square feet, with the garage/secondary dwelling structure containing 1,030 square feet and being increased to 1,426 square feet with the addition. Even if these dimensions were accurate and the addition had been built in accordance therewith, the 20~k differential still would not have been achieved. Accordingly, the Zoning Enforcement Officer has denied the applicant a Certificate of Occupancy for the garage/secondary dwelling structure. The locus and the structures thereon otherwise comply with all applicable dimensional zoning requirements. 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: John F. ennett, Jr. Owner* By: C ~t/Attorney/~rgerrt* A ur I. Reade, Jr., Attorney 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: Granted:-/_/_ Hearing notice posted with Town Clerk:-/_/_ Mailed:-/_/_ I&M_/_/_ &_/_/_ Hearing(s) held on:_/_/_ Opened on :_/_/_ Continued to:_/_/_ Withdrawn:-/_/_ Decision Due By:_/_/_ Made:-/_/_ Filed w/Town Clerk:`/_/_ Mailed:-/_/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile F:\XpB\gemett\SOha\zaa matter 2009\zffi~ application for 12-2009.doc OFFICE OF ZONING ENFORCEMENT TO~'4'N BUILDING A.'VNEX 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Telephone 508-325-7578 Fax 508-325-7579 March 25, 2009 John Bennett 25 Allens Ln. Nantucket, MA 02554 Dear Mr. Bennett: Zoning approval of your request for a Certificate of Occupancy (C.O.} for Building Permit #533-99 for work at 25 Allens Ln (Map# 67, Parcel# 124) has been denied for the following reason(s): The site plan submitted with your request, dated August 6, 2007, shows that the ground cover for the principal dwelling is 1,355-square feet and the ground cover of the secondary dwelling is 1,210-square feet, a difference of 11% ground cover. Section 139- 7A(2)e requires the ground cover of a secondary dwelling be a minimum of 20% less, or greater, than the ground cover of the principal dwelling. You are required to either receive relief through the Zoning Board of Appeals allowing the 11% difference, or bring the ground cover of the secondary dwelling into compliance with the requirement of § 139-7A(2)e, prior to zoning approval of your requested Certificate of Occupancy. If you have any questions regarding this notice please call, fax or visit. Mar us Silver Zoning nforcement Officer Town of Nantucket Phase be advised that an appeal of this denial may be filed within 30 days of this notice with the Zoning Board of Appeals, pursuant to §139-31 of the Town of \antucket Zoning Code. 1~~LV/GVVO LLJY i'As1 J~AVGiV JV JV llLAl/Li li l'LL+1!.L\.7 C. ~.A!~L ~~I '~ ~.?~,(, i`own of Nantucket Zonin • Board cf A esi.s '~;l; LIST C7F PARTIES IN INTEREST IN THE MATTF;F~ C7F THE PETITIQN OF: pT'.OPERTY C?WNER....,...~./.°~!? -.!k~'~-•• ......................... c/o Reade, Gullicksen, Hanley & Gifford, LLP .~1AlI.ING ADDR.ESS., 6..Young's Way, Na/ntucket.,..MA.. 02554... . PRQPEK'T~' ~:C7CATIdN..... - - ~~....~~/~3 ..~ ........ .. .... ASSESSOR Mr~P(I' hRCEL.........~.'.~- ./• • :. ~~•'`,~ S(Jf31\4ITTEDSY..Reade~ Gullickse:z, Hanley ~ Gifford ,,,.,_. 5EE ATTAOI-IED PAGJuS T certify that the foregoing is a list of all persons who are owners of abutting property, awners of and directly oppositz on any public or private street or way: and abutters of the abetters and alJ. other land owners within 30(3 feet of the property line ofowner's property, as they appear on the most recent applicable. tact list (M.G.L. c. 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Roberts Steven A. & Debra Lawrence PO Box 3226 16 Allens Ln PO Box 2524 Nantucket, MA 02584 Nantucket, MA 02554 Nantucket, MA 02584 Gregory P. Centeio, II Marcia T. Eldridge c/o Bridgewater Credit Union 7 Second Way 75 Main Street Nantucket, MA 02554 Bridgewater, MA 02324 John E. Backus Bertina M. Backus 29 Hooper Farm Rd PO Box 257 Nantucket, MA 02554 Norton, MA 02766-0257 Richard & Venessa K. Moore William A. Tornovish, Jr. PO Boc 3392 21 Allens Ln Nantucket, MA 02584 Nantucket, MA 02554 Lisa J. Greenberg Thomas J. & Leslie E. Munnelly 71 Orange St PO Box 2642 Nantucket, MA 02554 Nantucket, MA 02584 Michelle Lamb, Trst Michele Lamb Model Home Trust 7 Fifth Wy c/o Gretchen S. Buchmann Nantucket, MA 02554 PO Box 2156 Nantucket, MA 02584 Eriberto & Maria Rosa Chacon Eldridge B. & Eva C. Norton PO Box 2437 39 Hooper Farm Rd Nantucket, MA 02584 Nantucket, MA 02554 Susan C. Stone Dacruz & Marcia Policarpo 38 Hooper Farm Rd 115 Great Neck Road Nantucket, MA 02554 Wareham, MA 02571 Charles A. Manghis, Trustee Michelle L. Kalman Whaleivory Trust p0 Box 2164 44 Somerset Lane Nantucket, MA 02584 Nantucket, MA 02554 Callie D. & Brenda J. Pearce Devin B. & Sarah H. Remick 29 Allens Ln 2 Greglen Ave PMB 306 Nantucket, MA 02554 Nantucket, MA 02554 Etiquettes faciies a peter ~ Utilisez le gabarit,~VERY® 5160 dens de chargement Scott K. Valero & Megan A. Blair PO Box 1284 Nantucket, MA 02584 Town of Nantucket 16 Broad St Nantucket, MA 02554 William Tornovish, Jr. 21 Allens Ln Nantucket, MA 02554 William RJ Lothian Trst Eight Ave South Nom Trust PO Box 877 Nantucket, MA 02554 Nancy G Metsch c/o Nancy Cronier 11 Harmony Rd Huntington, NY 11743 Clara E. Eberhard & N. Cronier 11 Harmony Rd Huntington, NY 11743 Sarah R. Bell & Camille Joyner PO Box 2468 Nantucket, MA 02584 Carlos Grangrade, Jr. & Effie Ma 2108 McKoy Rd Greenville, NC 27858 Paul C. & Theresa Ann Droz 28 Allens Ln Nantucket, MA 02554 ~onsuitez fa feuilie vvww.avery.com d'instru~ti~n 1-800-GO-AVERY ,l~9Atl'®J'008'L !s~€~:zP`s.l~s~°I„~ eut~~YGane•nnnnnn apsrsa* ~~ za~~r~sa~o~ Laura Wasserman PO Box 456 Nantucket, MA 02554 Joseph A. & Jill H. Demby 40 Hooper Farm Rd Nantucket, MA 02554 Dina Warren 35 Hooper Farm Rd Nantucket, MA 02554 ArtJiur 1. Reade, Jr. Reade, Gullicksen, Hanley & Gifford, LLP PO Bor 2669 Nantucket, MA 02584 ~~aa~aa~.~e~a ap s~,~as ~~9! 5 pA?931~1~ ~.Raeyefi a~ zasEyi~f1 ,~ala~ a sa~~aet da~~.a~k~~;~ Kirk W. McIntosh Scott H. Waldie 43 Hooper Farm Rd 41 Hooper Farm Road Nantucket, MA 02554 Nantucket, MA 02554 Frank P. & Lia K. Marks, Trustees 44 Hooper Farm Rd Nantucket, MA 02554 Nantucket Islands Land Bank 22 Broad St Nantucket, MA 02554 Matthew R. MacEachern, Trst 7 Essex Rd Nantucket, MA 02554 ZS Allen's Lane Map 67, Parcel 124 Set !' of Two Page 2 of 2 Christine Ouren 6260 60th Ave North St. Petersburg, Fl 33709 '~~a.~~~.ea~ ~aad ~(se3 ~o~ F z~ded F~aad~,~ ` p0945 3lttldW31®~(aan~ ash; ~a9~s~A~1~,AAmf L =•+ 11~7`~1 ~ iaay~ uoi~ana~sul aa5 ~ ': IeL7`~d slagel (aad ~lse~ Town of Nantucket Web GIS -Printable Map Town of Nantucket Web GIS 0 8 ;tt },.,_ ____.. ~fra' i ~ [_-1` - _ - 2-- Prop ID 67 124 Address 25 ALLENS LN Owner BENNETT JOHN F JR 25 ALLENS LANE NANTUCKET, MA 02554 Sale Date 01/11/1996 Sale Price $0 Book/Page 00493/0071 Lot Size 0.9 acres _,~~NfuC,p t,,` ~e% S ~ ~ ,~ ~~~~e! ~APbgATEO ,_ , :w= ~_, ~ ~~ _~ ,, ,_~-C'Ke i C .. C0~ rli i ~tC-! ~~ Page 1 of 1 O Town of Nantucket, Massachusetts Map Composed 11/3/2009 Copyright 2005 Town of Ndntu~kei, MA. All rights reserved- Developed by AppGeo http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve=Width&MapWidth=864&Map... 1 I /3/2009 -% -o c~h C~ ~r~d 1~11+YiLo~ ~' ~rrd~a~ bash P ~ ~e Y t~ M ~ ~n ,^ V (~ ~,... ~ ,p ~ y v H d z ~~ ~~ C~~I ~~ I / ~- f , L~_ ~ ~- - - N ~ ~ ~~ I L.L,i ALA 1=-C?s1t`1 C is `, ' ,• ~ ~ _ i ~ ~r ~ rJE_h~.1~V~ ~; ~a - i j~ ~ j ~ zo-r :~s n ~'~ r,~: ~-~ r.~~ti ~ ~, ~ /~ ~ ~ % H1~ ~ QUA ti-- L.oT 2 P'L ~r~L 16 ~'~T• ~~ ~ ~ __ G7-17---- 4 ~~ _01y ~.~ --_ tL1 I ~ G-7 - I~ I t~arv~ ` ' O ~. 3! ~ ~p ~ ~ / LET ~,) _f t-. X1:_"1 J"'F'G ~, _ _ _ _ _ __ - - o N j J N J° _ /~ B„dower ~,~ u•Po~ i I ~_ ..~ ------x---t~--•---._...___._._ q 9~ . T I - 'P,aa-~.i tii r~ / 12. i~ I ~~ '`! . ^" r ° i . / i , ~ ~'? - I24 F'l, E.Sk 16 PCz ~8 LoT ~ ~ A~1rA :38~ S~fl± SF Cfuc. (38 ?7 ri0 k'~cosr.Gr ) 7~~~8 G~ .. 12 ~ L.a7- 21 .-= ~ 1 app-~%~ ~.a~ ~ ~tl ~ ~ I t. ~ 1 ~ ~~ --' ~ `x-21,9 ~~ 4,\ \ ~ l '~ ~l __ V.V ~, ~~ ..W iV nM ~.( V'l~ ~~: y i 4 -. ro ~ C cc \~ ~1 W J J Q 30.25 _-~ ~~ra y.- ,~. ~.c ~~, N ''! J V ~ v1` N , I ~_ r c J ~~ P CURRENT ZONING: R-10 MINIMUM LOT SIZE: 10,000 SF MINIMUM FRONTAGE: 75 FT FRONTYARD SETBACK: 20 FT SIDE AND REAR SETBACK: 10FT ALLOWABLE G.C.R.: 25% EXISTING G.C.R.: 6.66%± 1= ~ k:_ 1 :,~,~~ ~ S I •~- AS-BUILT PLOT PLAN IN NANTUCKET MASSACHUSETTS SCALE: 1"=30' DATE: AUG. 6, 2007 MAP: 67 PARCEL: 19 & 124 PREPARED FOR: JOHN F. BENNETT JR. DEED REF.: BK. 493 PG 71 EARLE & SULLIVAN, INC. 18 BLUEBIRD LANE NANTUCKET. MA. 02554 (508)228-6351 ~p~1TULhFT ' 1 y~~\~1 ~, ~f ~' ' ~p°R~i~~ TOWN OF NANTUCKET 0 BOARD OF APPEALS r:Y~_a- NANTUCKET, MASSACHUSETTS 0~5~4 _; .~ Date: January 6, 2010 ~ To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 061-09 Owner/Applicant: John F. Bennett, Jr. 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 give to the Town Clerk so as to be received within such TWENTY (20) d ys. Mi ~ ~ ~A~' 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 2 Fairgrounds Road Nantucket, Massachusetts Assessor's Map 67, Parcel 124 25 Allen's Way Residential-10 DECISION: APPEALS 02554 Plan Book 16, Page 38 Lot 3 Deed, Book 493, Page 71 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, December 10, 2009, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of JOHN F. BENNETT, JR., c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 061-09: 2. The applicant is seeking relief by Variance pursuant from Nantucket Zoning By-law §133-32 from the requirement contained in the definition of "secondary dwelling" in By-law X139-2, that the secondary dwelling have ground cover either 20% greater or 20% lesser than the ground cover of the primary dwelling. As shown upon the plot plan by Earle & Sullivan, Inc., dated August 6, 2007, a reduced copy of which is attached hereto as Exhibit A, the primary dwelling has ground cover of 1,210± square feet, while the secondary dwelling has ground cover of 1,355± square feet, thus having ground cover about 12% greater than the primary dwelling. The locus, and the structures thereon, are otherwise in conformity with all dimensional zoning requirements. The locus is situated at 25 ALLEN'S WAY, is shown upon plan recorded with Nantucket Deeds in Plan Book 16, Page 38, as Lot 3, is shown upon Nantucket Assessor's Map 67 as Parcel 124, and is situated in a Residential-10 zoning district. 3. 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, on the basis that no matter of planning concern was presented. There was one letter from a neighboring property owner presented at the public hearing; except for the presentation by the applicant and his representatives, there was no other support nor opposition presented in person or by correspondence. 4. As presented by the applicant and his representatives, the locus was created as a separate lot in 1964, and the principal dwelling upon the locus was in existence at that time. 1 The applicant's mother thereafter became the owner of the locus, and later conveyed it to the applicant; his mother still lives in the primary dwelling. In 1999, while the applicant was living elsewhere in Nantucket, he obtained Building Permit No. 553-99 for the construction of a garage/workshop structure, to contain about 1,024 square feet of ground cover; this structure was constructed pursuant to that permit. In 2000, this permit was amended to allow there to be a bathroom in the structure, without change in the footprint. In 2004, the applicant amended this building permit again, to allow for the conversion of the second floor into an apartment, with an addition including access to the apartment from the first floor. This resulted in the conversion of the structure to a secondary dwelling, and the Planning Board issued its approval for the access to the secondary dwelling. The permit application showed that the ground cover of the structure would become 1,426 square feet; if so built, the required 20% differential in ground cover would not have been met. (The application also showed that the floor area of the secondary dwelling would be 1,488 square feet, which would exceed the ground cover of the primary dwelling by more than 20%; however, the differential is computed in ground cover, not floor area, and it is not clear why this information was included.) There was in fact an error in the calculation of ground cover in the application, and as noted above the actual ground cover of the completed and altered structure is about 1,355 square feet, less than the 1,426 square feet as shown on the application as approved; however, the alterations were completed in substantial conformity with the plans as submitted to the Building Department. The applicant, a teacher now partially retired as a result of physical disability, now resides in the secondary dwelling. 5. Members of the Board of Appeals inquired as to whether it would be feasible for the applicant to cure the zoning nonconformity by constructing an addition to the secondary dwelling so as to result in the 20% differential in ground cover. Although ample ground cover is available upon the locus, the applicant stated that the existence of wetlands upon the abutting property to the west of the locus limited the extent of the addition to the structure, and further that a grade change would inhibit an addition to the easterly side of the structure. In any event, he stated that construction of a new addition would be financially impossible for him in his present circumstances. 6. On the facts presented by the applicant, the Board of Appeals voted unanimously to grant relief by Variance from the requirement of a differential of 20% in ground cover between the primary and secondary dwellings, to validate the present structures now in existence and as shown upon the Exhibit A plan, based upon the finding that owing to circumstances relating to 2 the soil conditions and topography of the locus (specifically the wetlands on the adjacent land and the grade change upon the locus) and especially affecting the locus but not affecting generally the zoning district in which the locus is situated, a literal enforcement of the provisions of the Zoning By-law definition of "secondary dwelling" as to the required differential in ground cover would involve substantial financial hardship to the applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By-law; upon the condition that no alteration may be made which changes the ground cover of either structure without bringing the locus into conformity with the ground cover differential prescribed by the Zoning By-law without further relief from the Board of Appeals. SIGNATURE PAGE TO FOLLOW 3 Dated: ~ ~ 2010 .~ !. COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. January ~, 2010 Then personally appeared the above-named ~H~ lao~P as one of the members of the Nantucket Board of Appeals, and acknowledged the foregoing instrument to be free act and deed and the free act and deed of the Nantucket Board of Appeals, before me, Notary Public My commission expires : ~lCl/'L~ ~07~ 0?//3 4 L.Q1V1 l_.l Ul~l7 J b l- ~i ~ d¢~ bNSh ~ Y 1 7 M~ ~~ s ~ H ~- i; y ~ a z 2 `0{? ~Q~ ~~ ~i ~ Ir ~ ~-NSF V,/I LF,IAEt~ ~, ~-PljhlcES ~ TO G.NOV+S H- q ~ ~ ~~, QI~ LoT 3P F'L L'+K. i-'.~+5 p ~ / C' I 19G 6 ~ -~ ~ -- r ~H~,ev wa r~ 1 L.oT' 2 f L 6~ 16 n.4 4g -T_~.----_..__ t` G7 _ 17 - ~ 0 ~~ ~I~ n. _ ____ __ -- 69-19 1 - ~. 31~ ~~~ / L0T 31 PL. SV_'I? PG8 Derv[ - _ -- 0 _ _ I `~' ~Ia- ~I~ L JoNt.L ~"_ ~ BEr+H.aTT'.~¢- i ~ ~..-- - - V'>~ n`!4 I ~ - A99.1, I 11 °~ - ~ peaea~G / M. i~ __ \ ~ .~ ~' ~c ± y . _ ~ \~ ~ s •\~ ,~ ~A ~ ;,i FI3LL T/.Nti" ._ - Q ~~ ~~~ t1' . 6-7 - 124 ` 1~aa P `?1+cG 4cr+~-?b•~ LOT ~ . A ceA : 3g~ c71D± SF Guc\ (38750 Ra<nasr) 7a.% c7_123 Ler ~~ ~~ .,. ~" ~ ~~~~ ~ ~ ~Pa~\~Lt , ,_ ~ ~. I 1 `\ _ ~~ 221.9 ~~ d4 \ ~ ~ ~. cFo` ~ou,~ ry --~ - ~-7 - 2~7 '-°r zo CURRENT ZONING: R-10 MINIMUM LOT SIZE: 10,000 SF MINIMUM FRONTAGE: 75 FT FRONTVARD SETBACK: 20 FT SIDE AND REAR SETBACK: 10FT ALLOWABLE G.G.R.; 25% EXISTING G.C.R.: 6.66°/n t~ '~ es l 4 i >,~ 6 ~4 ~` ~` ~ n ~~ ~&K a m ~~~ Y}~ W J J Q N ~' v J ~s N N I r I ~t i~ ~ 30.25 -- >> rs=,~„ ~Ya }- P ~- AS-BUILYPLQT FLAN IN NANTUCKET MASSACHUSETTS SCALE: 1"=30' DATE: AUG. 6, 2007 MAP: 67 PARCEL: 19 8 124 PREPARED FOR: JOHN F. BENNETT JR. DEED REF.: BK. 493 PG 71 EARLE & SULLIVAN, INC. 18 BLUEBIRD LANE NANTUCKET. #AA 02564 (SOBj228$9,5]