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.
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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. BOAS Seetie~~ l 1 and Zoning Code Chapter 4UA, Section 1 _i9-29B
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Dean & Becky Miller Andrew & Roni N. 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
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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
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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
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Page 2 of 2
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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
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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%±
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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
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~p°R~i~~ TOWN OF NANTUCKET
0
BOARD OF APPEALS r:Y~_a-
NANTUCKET, MASSACHUSETTS 0~5~4
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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
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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~
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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]