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Home My WebLink About068-98 & 070-98TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September ~ 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.: Owner/Applicant: 068-98 & 070-98 BRENDA LEE HALL Enclosed is the Decision of tYie 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. l -''`~ Chairman Dale W. Waine 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. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 41 7 Meadow Lane Parcel 445 Plan Book 16, Page 96, Lot 4 R_2 Deed Ref. 575/257 At a Public Hearing of the Nantucket Zoning Board of Appeals originally noticed for 1:00 P.M., Friday, July 10, 1998 in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, and continued without opening to 1:00 P.M., Friday, August 14, 1998 in the same location, in order that the matter be heard in conjunction with a subsequent Application for the same property, on the Application of BRENDA LEE HALL, c/o~~,Theodore L. Tillotson, P.O. Box 1530, Nantucket, MA 02554, Board of Appeals File Nos. 068-98 and 070-98, the Board made the following Decision: 1. The Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Cato §139-33A(4) (alteration/expansion of a pre-existing nonconforming use/structure) in BOA Application (068-98). Applicant proposes to remove an existing 75+ square-foot addition on the rear of the single-family dwelling and relocate an existing 161+ square-foot shed to the northwest corner of the Premises and enlarge the shed by 75+ square feet to create a new garage. In the alternative, Applicant is seeking a VARIANCE under Nantucket Zoning By-Law §139-16A to complete the project as proposed. Applicant further seeks a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A, in BOA Application (070-98), to alter a said to be pre-existing single-family dwelling by adding a second story and porches. A portion of the second floor expansion will be within the front yard setback area but cone no closer to that lot line than the existing dwelling. The Locus is nonconforming as to lot size, with the Lot having an area of 13,749+ square feet in a district that requires a minimum lot size of 20,000 square feet; as to front yard setback, with the structure being sited 28.7+ feet from the front yard lot line along Meadow Lane in a district that requires a minimum setback of 30 feet; and as to ground cover, with the Lot containing a ground cover ratio of 16.5+% in a district that allows a maximum ground cover ratio of 12.5%. The Premises is ]_ocated at 7 MEADOW LANE, Assessor's Map 41., Parcel 445, Plan Book 16, Page 96, Lot 4. The property is zoned Residential-2. 2. The Decision is based upon the Applications and the materials submitted with them and the testimony and evidence presented at the Hearing. BOA Application Nos. 068-98 and 070-98 were heard together at ,- the August 14, 1998 Public Hearing Frith t11e records being consolidated for the purposes of this Decision. The Planning Board. made no recommendation on either Application as the matters were not of planning concern. There were no letter on file in support or opposition. 3. Applicant represented, through counsel, that the 75+ square-foot addition was constructed in 1985 pursuant to a validly issued Building Permit to construct a handicap bathroom onto the rear of the single-family dwelling. Though the existing structure already exceeded its allowable maximum ground cover, relief from this Board was not sought nor arguably required at that time prior to construction of said addition, on the grounds that it was for handicap purposes ar~d did not require a Variance. A Certificate of Occupancy was subsequently issued. Applicant further represented that with the removal of the bathroom addition and transference of the 75+ square feet of ground cover to the new garage structure, would not be in violation of the Zoning By-Law and would not increase the overall ground cover ratio. The existing 161± square-foot shed is in violation of its 10-foot rear yard setback requirement, being sited 7.3+ feet at its closest point from the northerly rear yard lot line. This nonconformity ~,rould be eliminated with the relocation of the shed, to form a new 236± square-foot garage structure, to the rear westerly portion of the Locus. Applicant further represented that the single-family dwelling pre-dated the 1972 enactment of the Nantucket Zoning By-Law and was granfathewred as to the siting and ground cover ratio. The Applicant proposed to substantially renovate the existing structure and construct a second floor addition over the existing footprint, and add porches that would not increase the ground cover ratio nor violate the setback requirements. The second floor addition would come no closer to the front yard lot line along Meadow Lane than the existing structure ~~rhich Boas sited 28.7+ feet at its closest point from said lot line. Applicant had received Certificate of Appropriateness No.3~,`~~~ issued by the Nantucket Historic District Commission to complete the project as proposed. 4. Therefore, based upon the foregoing, the Board finds that the grant of relief by Special Permit to alter the existing single-family dwelling by adding a second floor and porches/decks as proposed would a.) be an increase in the nonconforming nature of the structure by the upward expansion within the required front yard setback area of thirty (30) feet, though coming no closer to that lot line; and b.) said expansion and alteration would not be substantially more detrimental to the neighborhood than the existing nonconforming structure. As to the request to remove the 75+ square-foot addition on the principal structure and add said square-footage to the 161+ square-foot shed to create~a new 236+ square-foot garage structure, the Board finds that the the bathroom addition looses its protected/exempt status once the handicap related aspect of the space is removed and/or the addition is entirely removed, which would result in decreasing the nonconforming nature of the Locus as to ground cover ratio. Any protection afforded the Locus as to ground cover ratio relating to the addition is eliminated once the reason for the apparent exemption from s ground cover requirements, upon which issuance of the 1985 Building Permit was based, has been removed. Variance relief would be required to increase the ground cover ratio again once the handicap bathroom/addition is removed. As to Special Permit relief as it specifically relates to this addition, the Board finds that said addition does not pre-exist the 1972 enactment of the Zoning By-Law, and thus does not benefit from any grandfathering provisions as to ground cover ratio as stated in the Zoning By-Law. The Board further finds that there is no support for the grant of Variance relief as the Variance criteria is not met under the Zoning By-Law. 5. Accordingly, by a. vote of four (4) in .favor ('Waine, Williams, Hourihan and O'Mara) and one (1) opposed (Sevrens), the Board GRANTS the SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A to allow the alteration of the single-family dwelling by upward expansion ~•rith the construction of a second floor and addition of porches/decks without any increase in ground cover ratio or further intrusion into the front yard setback. In addition, upon a motion made and seconded to grant relief by Variance under Nantucket Zoning By-Law §139-16A, there were no votes in the affirmative and five (5) votes (Waine, Williams, Hourihan, O'Mara and Sevrens) in the negative. Relief by VARIANCE is hereby DENIED. Relief is based upon the following condition: - The second floor addition shall be constructed in substantial conformance with the Certificate of Appropriateness No.3 ~,~Ui issued by the Nantucket Historic District Commission. ~ Dated: September ~-, 1998 ~~ -= Dale W. Waine v ~ r inch F. Williams 1 v ~ ~ ~Q ~,~C ~~ Willia H urihan, Jr. ~t M' el J. 'Mara Nancy Sevrens RECEIVED TOWN CLERK'S OFFICE NANT! lr~~-r ^^~ n2554 SEP 0 2 1998 TIME:~._ CLERKa ~~ ~`~ ~m 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, JULY 10, 1998, in the CONFERENCE ROOM, TOWN ANNEX BIIILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: BRENDA LEE HALL BOARD OF APPEALS FILE N0. 068-98 The Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-LAw §139-33A(4) (alteration/expansion of a pre-existing non-conforming use/structure). Applicant proposes to remove an exiting 75+ square-foot addition on the rear of the single-family dwelling and relocate an existing 161+ square-foot shed to the northwest corner of the premises and enlarge the shed by 75 + square feet to create a new garage. In the alternative, Applicant is seeking a VARIANCE under Nantucket Zoning By-Law §139-16A to complete the project as proposed. The Locus is non-conforming as to lot size with the Lot having an area of 13,749+ square feet in a district the requires a minimum lot size of 20,000 square feet; as to front yard setback with the structure being sited 28.7+ feet from the front yard lot line along Meadow Lane, in a district that requires a minimum setback of 30 feet; and as to ground cover with the Lot containing a ground cover ratio of 16.5+% in a district that requires a maximum ground cover ratio of 12.5%. The premises is located at 7 MEADOW LANE, Assessor's Map 41, Parcel 445, Plan Book 16, Page 96, Lot 4. The property is zoned Residential-2. W 1 ~~t.~~~ / v~ Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR QTHER ALTERNATIVE. FORMATS. (SO~r..~~8=721 ~. --- -- . _ . FOR ASS~(STANC;E BALL _ _._ __. r BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TO~PN AND COUNTY BUILDING NANTUCKET, MA 02554 Date CASE No . ~- APPLICATION FOR RELIEF Owner's name(s): BRENDA LEE HALL Mailing address: c/o Theodore L. Tillotson, P.C., PO Box 1530, Nantucket, MA 02554 Applicant's name:Same Mailing address: Location of lot: Assessor's map and parcel number 41 - 445 _ . , _, __ _ _ _ . 7 Meadow Lane Registry Plan Bk & Pg 16-96 Lot 4 Date lot acquired: ~1~ 98 Deed Ref575 , 257 Zoning district R-2 MCD? N/A Uses on lot - commercial: None X or p - number of: dwellings 1 duplex 0 Addition ofs 0 rental rooms 0 Building date(s)' all pre-8/72? x or Handicapped Bathroom C of 0? Building Permit appl'n. Nos. 4114-85 Case Nos. all BoA applications, lawsuits: None 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 (and 139-33A x if to alter or extend a nonconforming use). If appeal per 139-3~A & B attach decision or order appealed. OK to attach addendum . RECEIVEr See Addendum Annexed TOWN CLERK'S GIr~=`" NANTUCKET', M~ ~'~~~`-~~~ JUN 2 4 1998 TIME: ~ _.~~ CLERK: __ Items enclosed as part of this Application: orderl addendum2 x Locus maps Site plan x showing present x +planned x structures Floor plans present proposed elevations (HDC approved? ) Listings lot area x frontage x setbacks x GCR~ parking data Assessor-certifiedaddressee ist 4 sets x ma~ling labels 2 sets x 5200 fee payableask Town Clerkntocsen3 B1dgoComr s'recordotonBoA.) (If an appeal, I certify at eques ed information submitted is substantially complete a d tr a the st of my knowledge, under the pains and penalties oBR Aj L Applicant Attorney/agent x SIGNATURE $y: Th odore L. illotson, Her t~torney 3(If not ow er or owner's attorney, enclose proof of authority) FOR Bo OFFICE USE Application copies reed: 4 or for BoA on~,~(/~~Y 1 / Town Clerk on // ~by co plete? v One copy f sled with _L~~ De t l7 / b AY One copy each to Planning nd and auillitig 1? .~/~._ ~j~~ ~ ~~!_~ waived? $200 fee check given Town Treasurer on~~,~/~ by , ,c Hearing notice posted~/2~~rf~mailc.d~ C ~ ~G~/~ Hearing (s ) on_/_,J_ cont' d to~_/_, ~_./.- withdrawn?~~,_ Decision due by~~,_,_ made~~_ filed TC_,/~_ mailed~~_ See related cases lawsuits other ADDENDUM ANNEXED TO APPLICATION FOR RELIEF BRENDA LEE HALL - 7 MEADOW LANE ZONING DISTRICT: R-2 Lot Size: Set-Back Front: Side/Rear: Frontage: G.C.R.: Parking: 20,000 sq. ft. 30 ft. 10 ft. 75 ft. 12.5 1 Space 13,749 sq. ft. 28.7 ft. 11.7 ft. 107.66 ft. 16.5 1 Space Applicant seeks Special Permit under Section 139-33(A)(4) to remove a 75 sq. ft. addition to the main dwelling, to relocate an existing shed of 161 sq. ft. to the northwest corner of premises, and enlarge the shed by 75 sq. ft. and convert it into a 236 sq. ft. garage; or in the alternative, applicant seeks a variance under Section 139-32 to do the same removal, relocation and conversion. I3 ~'-l~l~ -. -.. ,w ^~, /i / r- ~.~ ~ ODD - - ~ -- '- - - I L ------ )~, ~ " ~ l 1 ~?C-y(fr-~~i i I i /... //. I /~ I ~ 7 ~~~~ JUN-06-98 SAT 08:04 HALL ~-~a~~t .~-~Z~r,~r, ~b-,~ cou~sz~~.tr~ t #Glwuu p Govel~J /i~~/~6 1 +Jlr_ JrD i~ LOiC~..~~ ~N K4 a 7~-dar~s da r-„ iv CURRENT zONING MAP: ~Z - 2 MINIMUM lOT SIZE: 2o,ooa SQ ~ MINIMUM FRONTAGE: 7~ry- FRONTYARD SETBACK: 30 Fr 510£ AND REAR SETBACK: 10 ~- AILOWABLE G.C.R.: 12.E %-~ 1718 q~,jy,~,~q~~ EXISTING G.C.R.: 16.5°~ `-^,22G8'- ~xaF~r._~pi.~r~ PROPERTY LINES SFfOWN ARE TAKEN FROM RECORDED OEEO AND PLAN REFERED TO HlrREON. BUIt_DINCS, MONUMENTS, ETC. ARE PLOTTEp FROM FIELD MEASUREMENTS. N.6. I q,3 -,~.~ 508 325 5986 P. 01 E 4~6 AS-BUILT PLOT PLAN IN NANTUCKET, MASSACHUSETTS 5CAL£`(_~2p~ GATE:-/JUNE 1, DEED REFERENCES ~~S ~~ 161 PLAN REFERENCE:"R..~ ~6 ~ ~~ ASSESSOR'S MAP ~/ PCL. *~ PREPARED FO',Rt(• ~~P~"~ °` ~ ~tZ>rrlD~ . ~. H ~ ~.1,,, ~ RICHAR U K. NAN7UCKE•T SURVEYORS >:aR~E • No. 29a1 5 WINDY WAY °~FS ~f~,s a, NANTUCKET; MA. 02554 N o° ~~' BoA Form NANTUCKET ZONING BOARD OF APPEALS TOWN.AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSORS LIST OF PARTIES IN IN^tERES_ PROPERTY OWNER: Z ~d~ APPLICANT FOR RELIEF (SAME? ) ~~ ~• 2-89 ~. , l (,.c-6-CSc?r-~ c~ . Q ~ 1534 N~~~~~ s ~ T ' 2 Z~- _5 ~fUd ADDRESS OF PROPERTY : ~ \V ` ~-4-~~ ~ ~ 1~~ ASSESSORS MAP & PARCEL: ~1. l - ~) y 5 LIST OF PARTIES I~TCL[iDING ADDRESSES* (OR SEE ATTAC`r?ED ) 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 cn any public or private street or way; and abatters of the a:,utters a:~d all other land owners within three hundred feet of the property line of Owner's property, as they ( and their address) appear on the most recent applicable tax list {per M.G.L. c. 40A, Section 11 Zoning Code Chapter 139, Section 139-29D (2)}. Date P.ssessors Of_ice Town of Nantucket XNOTE: Applicant (petitioner) should include with the lot for which zoning relief is sought, any com-ronly-owned abutting lots which ;,ti5ht beco:~e involved in the zoninc ~~' _ ~rat;ter~-- ' st r.:ap and parcels foY each abutter. /~ 7 '~ ~; ~ 1!~N ~ 9 1998 ~ ~ . TOWN OF NANTUCKET PAGE 1 06/10/98 OWNER'S MAILING ADDRESS LIST MUAS750 8.5 08:06:32 Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 0041 0435 BOBER ALEXANDER JR & JUDITH 0007 LASALLE AVE 0030 GROVE LN CRANFORD NJ 07016 0041 0436 MEYERS JOHN M & MARY ANN 0217 GYPSY LN 0028 GROVE LN WYNNEWOOD PA 19096 0041 0437 SALTIEL JACK & QUILLARD JUDITH 135 ROBIN ROAD 0026 GROVE LN WESTON MA 02193 0041 0439 WARD ROBERT D & MARGARET TRUTS 91 KILBURN ROAD 0024 GROVE LN THE ROBERT WARD REALTY TRUST BELMONT MA 02178 0041 0440 WEBER GERTRUDE 0334 AVILA RD 0020 GROVE LN SAN MATED CA 94402 0041 0441 HOLDGATE WILLIAM F PO BOX 1875 0018 GROVE LN 34 GROVE LN NANTUCKET MA 02554 0041 0395 REMAR ROBERT 8 & GREENHOOD 1714 MEADOWDALE AVE 024A NEW LN VICTORIA ATLANTA GA 30306 0041 04063 KUDISH FREDRIC M & LYNN R 0363 S MERIDEN RD 0013 MEADOW LN CHESHIRE CT 06410 0041 0448 ROTONDO SEVERING J & MARION T 0035 MEADOW LN 0011 MEADOW LN HARWINTON CT 06791 0041 0447 LYNCH FRANCIS J & KATHERINE M PO BOX 1141 0008 MAYHEW LN NANTUCKET MA 02554 0041 0446 *COGGESHALL THEODORA PO 60X 1255 0009, MEADOW IN NANTUCKET MA 02554 0041 0443 CORKISH RICHARD B PO BOX 636 0006 MAYHEW LN NANTUCKET MA 02554 0041 0444 OKEEFE CLAIRE E ETAL 0005 MEADOW LN 0005 MEADOW LN NANTUCKET MA 02554 0041 0396 BUNEVICH CAROL & MERSON JOHN C PO BOX 445 0004 MAYHEW LN SIASCONSET MA 02564 0041 03961 BARR JOAN & CROSS KENNETH 4 CROWN COURT 0020 NEW LN NANTUCKET MA 02554 0041 0398 CHAPMAN JOYCE 0205 COLONIAL AVE 0003 MEADOW LN ALBANY NY 12208 0041 0397 HILTS BEVERLY A TRUSTEE PO BOX 876 0018 NEW LN NANTUCKET MA 02554 0041 0405 GRANT ALICE J 0014 MEADOW LN 0014 MEADOW LN NANTUCKET MA 02554 0041 0404 WILSON PETER M JR PO BOX 16 0012 MEADOW LN NANTUCKET MA 02554 0041 0403 HILTS BEVERLY A ETAL PO BOX 876 0010 MEADOW LN NANTUCKET MA 02554 0041 0402 CATON RICHARD G & PHYLLIS B 0149 MAIN ST OOQ6 MEADOW IN NANTUCKET MA 02554 0041 04011 LOWELL ANDREW G & SHERRI V 4 NEW LANE OO~R NEW LN NANTUCKET MA 02554 0041 0482 MARKS JEFFREY F ETUX 0004 MEADOW LANE 0004 MEADOW LN NANTUCKET MA 02554 0041 0399 PEW WILLIAM M & LUCILLE F PO BOX 975 001,4 NEW LN NANTUCKET MA 02554 0041 0400 PEW WILLIAM M & LUCILLE F PO BOX 975 0012 NEW LN NANTUCKET MA 02554 0041 04012 GARGANO PAUL A & SHEILA K PO BOX 444 0010 NEW LN W HYANNISPORT MA 02672-0444 ~ M 06/10/98 TOWN OF NANTUCKET 08:06:32 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip 0041 04013 CALLAHAN MEG S & TIMOTHY H TRS 281 ROGER WILLIAMS AVE HIGHLAND PARK IL 60035 Property Location 0008 NEW LN PAGE 2 MUAS750 8.5 NUMBER OF RECORDS = 27 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date : Se~~tember ~-- ~, 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.: U68-9B & 070-98 Owner/Applicant: BRENDA LEE HALL ' 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 TWEr•TTY (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 h a i r m a n ____ Dale W. Waive ~-=' . 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 7.ONING BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET Assessor's Map 41 Parcel 445 R-2 ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 7 Meadow Lane Plan Book 16, Page 96, Lot 4 Deed Ref. 575/257 At a Public Hearing of the Nantucket Zoning Board of Appeals originally noticed for 1:00 P.M., Friday, July 10, 1998 in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, and continued without opening to 1:00 P.M., Friday, August 14, 1998 irr the same location, in order that the matter be heard in conjunction with a subsequent Application for the same property, on the Application of BRENDA LEE HALL, c/o~~,Theodore L. Tillotson, P.O. Box 1530, Nantucket, MA 02554, Board of Appeals File Nos. 068-98 and 070-98, the Board made the following Decision: 1. The Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A(4) (alteration/expansion of a pre-existing nonconforming use/structure) in BOA Application (068-98). Applicant proposes to remove an existing 75+ square-foot addition on the rear of the single-family dwelling and relocate an existing 161+ square-foot shed to the northwest corner of the Premises and enlarge the.„shed by 75+ square feet to create a new garage. In the alternative, Applicant is see}sing a VARIANCE under Nantucket Zoning By-Law §139-16A to complete the project as proposed. Applicant further seeks a SPECIAL PERMIT under Nantuc}cet Zoning By-Law §139-33A, in BOA Application (070-98), to alter a said to be pre-existing single-family dwelling by adding a second story and porches. A portion of the second floor expansion will be ~~~ithin the front yard setback area but cone no closer to that lot line than the existing dwellinq_ The Locus is nonconforming as to .lot size, with the I,ot having an area of 13,749+ square feet in a district that requires a minimum lot size of 20,000 square feet; as to front yard setback, with the structure being sited 28.7+ feet from the front yard lot line along Meadow Lane in a district that requires a minimum setback of 30 feet; and as to ground cover, with the Lot containing a ground cover ratio of 16.5+°!, in a district that allows a maximum ground cover ratio of 12.5%,. The Premises is ]_ocated at 7 MEADOW LANE, Assessor's Map 41, Parcel 445, Plan Book 16, Page 96, Lot 4. The property is zoned Residential-2. 2. The Decision is based upon the Applications and the materials submitted with them and the testimony and evidence presented at the Hearing. BOA Application Nos. 068-98 and 070-98 were heard together at the August 14, 1998 Public bearing ~,~ith the records being consolidated for the purposes of this Decision. The Planning Board made no recommendation on either Application as the matters were not of planning concern. `Phere were no letter on file in support or opposition. 3. Applicant represented, through counsel, that L-he 75± scuare-foot addition was constructed in 1985 pursuant to a validly is~~ued Bui]_ding Permit to construct a handicap bathroom onto the rear of the single-family dwelling. Though the existing structure already exceeded its allowable maximum ground cover, relief from this Board was not sought nor arguably requixed at that time prior to construction of said addition, on the grounds that it was for handicap purposes and did not require a Variance. A Certificate of Occupancy was subsequently issued. Applicant further represented that with the removal of the bathroom addition and transference of the 75+ square feet of ground cover to the new garage structure, would not be in violation of the Toning By-Law and would not increase tyre overall ground cover ratio. The existing 161± square-foot shed is in violation of its 10-foot rear yard setback requirement, being sited 7.3+ feet at its closest point from the northerly rear yard lot line. This nonconformity would be eliminated with the relocation of the shed, to form a new 236± square-foot garage structure, to the rear westerly portion of the Locus. ' Applicant further represented that the single-family dwelling pre-dated the 1972 enactment of the Nantucket Zoning By-Law and was granfathewred as to the siting and ground cover ratio. The Applicant proposed to substantially renovate the existing structure and construct a second floor addition over the existing footprint, and add porches that would not increase the ground cover ratio nor violate the setbaci: requirements. The second floor addition would coma no closer to the front yard lot line along Meadow Lane than the existing structure which was sited 28.7+ feet at its closest point.~rom said lot line. Applicant had received Certificate of Appropriateness No.3.~,'~c:~ issued by the Nantucket Historic District Commission to complete the project as proposed. 4. Therefore, based upon the foregoing, the Board finds that the grant of relief by Special Permit to alter the existing single-family dc,relling by adding a second floor and porches/decks as proposed would a.) be an increase in the nonconforming nature of the structure by the upward expansion within the required front yard setback area of thirty (30) feet; though coming no closer to that lot line; and b.) said expansion and alteration would not be substantially more detrimental to the neighborhood than the existing nonconforming structure. As to the request to remove the 75~- square-foot addition on the principal structure and add said square-footage to the 161+ square-foot shed to create a new 236+ square-foot garage structure, the Board finds that the the bathroom addition looses its protected/exempt status once the handicap related aspect of the space is removed and/or the addition is entirely removed, which `could result in decreasing the nonconforming nature of the Locus as to ground cover ratio. Any protection afforded the Locus as to ground cover ratio relating to the addition is eliminated once the reason for the apparent exemption from ground cover requirements, upon which issuance of the 1985 Building Permit was based, has been removed. Variance relief crould be required to increase the ground cover ratio grain once the handicap bathroom/addition is removed. As to Special Permit relief as it specifically relates to this addition, the Board finds that said addition does not pre-exist the 1972 enactment of the Zoning By-Law, and thus does not benefit from any grandfathering provisions as to ground cover ratio as stated in the Zoning By-Law. The Board further finds that there is no support for the grant of Variance relief as the `Jariance criteria is not met under the Zoning By-Law. 5. Accordingly, by a vote of four (4) in favor (Waine, Williams, Hourihan and O'Mara) and one (1) opposed (Sevrens), the Board GRANTS the SPECIAL PERMTT under Nantucket Zoning By-Law §139-33A to allow the alteration of the single-family dwelling by upward expansion ~~~ith the construction of a second floor and addition of porches/decks without any increase in ground cover ratio or further intrusion into the front yard setback. In addition, upon a motion mad` and seconded to grant relief by Variance under Nantucket Zoning By-Law §139-16A, there were no votes in the affirmative and five (5) votes (Waine, Williams, Hourihan, O'Mara and Sevrens) in the negative. Relief by VARIANCE is hereby DENIED. Relief is based upon the following condition: - The second floor addition shall be constructed in substantial conformance with the Certificate of Appropriateness No.3 ~,~C~% issued by the Nantucket Historic District Commission. ~ Dated: September ~-, 1998 ~~Q1. ~,~ ~-= Dale W. Waine inch F. Williams V~,` _ ~O~C w- \.. Will H urihan, Jr. ~r M' h el J. 'Mara Nancy Sevrens RECEIVED TOWN CLERK'S OFFICE NANT~ ir~cT ^ ^ ^ 82554 SEP d 2 1998 TIME:__._ 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, AUGUST 14, 1998, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: BRENDA LEE HALL BOARD OF APPEALS FILE N0. 070-98 Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A (alteration/expansion of a pre-existing non-conforming structure/use). Applicant proposes to alter a said to be pre-existing single-family dwelling by adding a second story and porches. A portion of the second floor expansion will be within the front yard setback area but come no closer to that lot line than the existing dwelling. The Locus is non-conforming as to lot size, with the Lot having an area of 13,749+ square feet in a district that requires a minimum lot size of 20,000 square feet; as to front yard setback, with the structure being sited 28.7+ feet from the front yard lot line along Meadow Lane in a district that requires a minimum setback of 30 feet; and as to ground cover, with the Lot containing a ground cover ratio of 16.5+% in a district that requires a maximum ground cover ratio of 12 . 5°1a. Applicant is currently before this Board in Application 068-98, in which relief is sought by SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A(4), or in the alternative, a VARIANCE under Nantucket Zoning By-Law §139-16A, to remove an existing 75+ square-foot addition on the rear of the single-family dwelling and relocate an existing 161+ square-foot shed to the northwest corner of the premises and enlarge the shed by 75+ square feet to create a new garage. The Premises is located at 7 MEADOW LANE, Assessor's Map 41, Parcel 445, Plan Book 16, Page 96, Lot 4. The property is zoned Residential-2. t ~C./' ~~~N~L.~ Dale W. Waive, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR C~THCR ALTERNATIVE FORMATSc FOR ASSISTANCE %ALL _ _i4 __ BoA Form 1-89 NArITIICRET ZONING BOARD OF APPEALS Date ~~ j TOWN AND COIINTY BIIILDINf3 ~~11--y~ ~.L'- ~ NANTIICICET, MA ®2554 CASE No LJ N- AMENDED BppL CATION FOR RELIEF Owner' s name (s) BRENDA LEE HALL Mailing address: c/o Theodore L. Tillotson, P.C., PO Box 1530, Nantucket, MA 02554 Applicant' s name :Same Mailing address: Location of lot: Assessor's map and parcel number 41 - 445 Street address : 7 Meadow Lane Registry Plan Bk & Pg ~CX~C}~C.$$3~XX 16-96 Lot 4 Date lot acquired: ~1~ 98 Deed Ref575 , 257 Zoning district R-2 MCD? N/A Uses on lot - commercial: None R or pp - number of: dwellings 1 duplex 0 Additioeofs 0 rental rooms 0 Building date(s) • all pre-8/72? X or Handicapped Bathroom C of 0? Building Permit appl'n. Nos. 4114-85 Case Nos. all BoA applications, lawsuits: None State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared er Section and what grounds you urge for BoA to make each finding p 139-32A if Variance, 139-30A if a Special Permlealaner113933~A x if to alter or extend a nonco~orming use). If app p & B attach decision or order appealed. OK to attach addendum . See Addendum Annexed Items enclosed as part of this Application: orderl addendum2 x Locus maps Site plan x showing present x +planne3 x structures Floor plans present proposed elevations X HDark~irpirodata~) Listings lot area x~rontage x setbacks x GCR~ p g Assessor-certifie3 addressee ist 4 sets x ma~ling labecovenantsx 200 fee payable to Town of Nantucket x proof cap (If an appeal, ask Clerk to senc~Bld Comr s record to BoA.) I certify at eques ed information submitted is substantially complete a d tr e the st of my knowledge, under the pains and penalties oB A~ Applicant Attorney/agent x SIGNATURE $y: Th odore L. otson, Her ttorney 3(If not ow er or owner's attorney, enclose proof of authority) FOR BoA~OFFICE USE ~ ~_ Application copies recd: 4 nor for oA on~~ 9 by com lete? L~ One copy filed with Town Clerk on ~bY p One copy each to P nin Bd and Bu' 'ng Dept~~~~~bY - )- waived? $200 fee check give n reasurer on ~?~~`'~ LY ~~ ~~ Hearing notice posted Q mailed O I & M~,~ ~ ~J~~ Hearing(s) on~~_ cont'd to_/~,_, ~_/-. withd~:awn?~~._ Decision due bY~~_ made~~_ filed TC~~_ mailed~~_. See related cases lawsuits other AMENDED ADDENDUM ANNEXED TO APPLICATION FOR RELIEF BRENDA LEE HALL - 7 MEADOW LANE ZONING DISTRICT: R-2 Intensity Regulations Locus Lot Size: 20,000 sq. ft. 13,749 sq. ft. Set-Back Front: 30 ft. 28.7 ft. Side/Rear: 10 ft. 11.7 ft. Frontage : 75 ft . 107.66 ft . G.C.R.: 12.5 16.5$ Parking: 1 Space 1 Space Applicant seeks Special Permit under Section 139-33(A)(4) to extend or alter a pre-existing non-conforming single family dwelling by adding a second story and porches and to remove a 75 sq. ft. addition to the main dwelling, to relocate an existing shed of 161 sq. ft. to the northwest corner of premises, and enlarge the shed by 75 sq. ft. and convert it into a 236 sq. ft. garage; or in the alternative, applicant seeks a variance under Section 139-32 to do the same removal, relocation and conversion. ~~ ~~ . BoA Form NANTUCKET ZONING BOAitD OF APPEALS TOWN.AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSORS LIST OF PA~tTIES IN T_NTEREST PROPERTY OWNER: ~dN APPLICANT FOR RELIEF .(SAME? } 2-89 N~ ~ ss~ 4 ~ 2 Z~ -5 ~fv~ ~-2 ~- ~. ADDRESS OF PROPERTY: ~ \V` ~W-~~ `~-~~~~- ASSESSORS MAP & PARCEL: ~. ~ - t') ~ S LIST OF PARTIES INCLUDING ADDRESSES*(OR SEE ATTACiiED ,~ ~ S'~ 3~ ~~ I certify that the foregoing (or the attached-) lists all persons natural or legal, who are owners of abutting property owners of land direct~y opposite cn any public or private street or way; and abatters of the arutters and all other land owners within three hundred feet of the property line of Owner's property, as they ( and their address) appear on the most recent applicable tax list {per M.G.L. c. 40A, Section 11 Zoning Code Chapter 139, Section 139-29D (2)}. Date P.ssessors Of_ice Town of ATantucket XNOTE• Applicant (petitioner) should include with the lot for which zoning relief is sought, any commonly-owned • abutting lots which might beco:~e involved in the zoning _ ~ ~,a~ter~_ ' st r.:ap and parcels for each abutter. ~ i !~ ~ i I\ ^- \ ~ _ '~ f i .-JUN 9 1998 . I , . 06/10/98 TOWN OF NANTUCKET PAGE 1 08:06:32 OWNER'S MAILING ADDRESS LIST MUAS750 8.5 Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 0041 0435 BOBER ALEXANDER JR & JUDITH 0007 LASALLE AVE 0030 GROVE LN CRANFORD NJ 07016 0041 0436 MEYERS JOHN M & MARY ANN 0217 GYPSY LN 0028 GROVE LN WYNNEWOOD PA 19096 0041 0437 SALTIEL JACK & QUILLARD JUDITH 135 ROBIN ROAD 0026 GROVE LN WESTON MA 02193 0041 0439 WARD ROBERT D & MARGARET TRUTS 91 KILBURN ROAD 0024 GROVE LN THE ROBERT WARD REALTY TRUST BELMONT MA 02178 0041 0440 WEBER GERTRUDE 0334 AVILA RD 0020 GROVE LN SAN MATEO CA 94402 0041 0441 HOLDGATE WILLIAM F PO EOX 1875 0018 GROVE LN 34 GROVE LN NANTUCKET MA 02554 0041 0395 REMAR ROBERT B & GREENHOOD 1714 MEADOWDALE AVE 024A NEW LN VICTORIA ATLANTA GA 30306 0041 04063 KUDISH FREDRIC M & LYNN R 0363 S MERIDEN RD 0013 MEADOW LN CHESHIRE CT 06410 0041 0448 ROTONDO SEVERING J & MARION T 0035 MEADOW LN 0011 MEADOW LN HARWINTON CT 06791 0041 0447 LYNCH FRANCIS J & KATHERINE M PO BOX 1141 0008 MAYHEW LN NANTUCKET MA 02554 0041 0446 *COGGESHALL THEODORA PO 60X 1255 0009~ MEADOW LN NANTUCKET MA 02554 0041 0443 CORKISH RICHARD B PO BOX 636 0006 MAYHEW LJV NANTUCKET MA 02554 0041 0444 OKEEFE CLAIRE E ETAL 0005 MEADOW LN 0005 MEADOW LN NANTUCKET MA 02554 0041 0396 BUNEVICH CAROL & MERSON JOHN C PO BOX 445 0004 MAYHEW LN SIASCONSET MA 02564 0041 03961 BARR JOAN & CROSS KENNETH 4 CROWN COURT 0020 NEW LN NANTUCKET MA 02554 0041 0398 CHAPMAN JOYCE 0205 COLONIAL AVE 0003 MEADOW LN ALBANY NY 12208 0041 0397 HILTS BEVERLY A TRUSTEE PO BOX 876 0018 NEW LN NANTUCKET MA 02554 0041 0405 GRANT ALICE J 0014 MEADOW LN 0014 MEADOW LN NANTUCKET MA 02554 0041 0404 WILSON PETER M JR PO BOX 16 0012 MEADOW LN NANTUCKET MA 02554 0041 0403 HILTS BEVERLY A ETAL PO BOX 876 0010 MEADOW LN NANTUCKET MA 02554 0041 0402 CATON RICHARD G & PHYLLIS 8 0149 MAIN ST 0006 MEADOW LN NANTUCKET MA 02554 0041 04011 LOWELL ANDREW G & SHERRI V 4 NEW LANE OO~R NEW LN NANTUCKET MA 02554 0041 0482 MARKS JEFFREY F ETUX 0004 MEADOW LANE 0004 MEADOW LN NANTUCKET MA 02554 0041 0399 PEW WILLIAM M & LUCILLE F PO BOX 975 001,4 NEW LN NANTUCKET MA 02554 0041 0400 ~EW WILLIAM M & LUCILLE F PO BOX 975 0012 NEW LN NANTUCKET MA 02554 0041 04012 GARGANO PAUL A & SHEILA K PO BOX 444 0010 NEW LN W HYANNISPORT MA 02672-0444 06/10/98 TOWN OF NANTUCKET 08:06:32 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 0041 04013 CALLAHAN MEG S & TIMOTHY H TRS 281 ROGER WILLIAMS AVE 0008 NEW LN HIGHLAND PARK IL 60035 PAGE 2 MUAS750 8.5 NUMBER OF RECORDS = 27 _. . -1 _ a -r - - < ~ 0.7: coYNC••t.3r. ar •atttulYarn •, ~ { f ~ ~ • Lglla •a rNL tYralY{ l1 MI otratr NlYr or .VKK ttmr f0-M ~a3 1 M• f \ ~ tl •~• Gtr • ~ ... • • \0f ~1... 11~ ' t1 1jt ,t ~ 101 1)T ~~:5 a.; ~ le 4Ca t \°Y ~ i~ IIt It° t° 1~,`r A . ~ oY a q0 130 ~ a !)1 ; ~ t t \ ~ ~ Z : fl - 100 \°•~ M/ N1* 17a 3 ~ ~\~ 1 ... 11/ 5 / -to - ~z- c \ta uY i° ie r : xl.o )YY.ur~Yta tla `~~ ~). 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