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HomeMy WebLinkAbout044-11 Lindsay, Ronald and Nancy Fee: $300.00 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION ~~ ~x "' JUN. File No. ~~' ~ Owner's name(s): ~~onc>.~ d o-nd ~~*r'c`7 j--i+'2 c~~°"-a Mailing address: i ~ ~-t- t Old r~tc~ r-1 b o~ o i2 ~ac~. GO Fi c a i c~ r~l (~c ~J ( =i-- ~~-- L Phone Number: ~~-f 45 ~.~p`'=, cG `={-(c~ E-Mail: ~t'c'r1,~1~~r~c\~,.~-~ c~ c~~tc~,~~ . ; t{~ . Applicant's name(s): c~-t,-~'1~ Mailing Address: Phone Number: E-Mail: Locus Address: ~ ` ~~:~t'3p ~ ~ ~ Assessor's Map/Parcel: ~J'Lg- - ~-k ~ Land Court Plan/Plan Book & Page/Plan File No.: (..- ~ i 1-{ (~ loL4 -- C- Le74-_ S Deed Reference/Certificate of Title: (~ ~ 2c%( Zoning District r-V ~ -~ Uses on Lot- Commercial: None ~ Yes (describe) Residential: Number of dwellings~~_ Duplex Apartments Date of Structure(s): all pre-date 7/72 Building Permit Numbers: or i ~fi ~~{- Previous Zoning Board Application Numbers: 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: ~ ~~ -~ ~ ~~~I tulc(~~rt '~1,1 ~~ X'(~!~ 1~f~~p/t GYM, ~m~d ~C~ Id~~'r r~ ~, IS~ ~ ~.~T ~ n ~~' AA~i~I ~~ n ~~ ~ ~, I v,(Sv-~t~ ~, I'~~'32 i~ ~~til ih~l~~`1 ~t{~/~~C~i A N u~ l~1Naqq vt~Ic~Cl K~~~ ~ ~u ~~ g 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. r--7 .-.. SIGNATURE: ~ --~ S C~~. --7 Owner* SIGNATURE: Applicant/Attorney/Agent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. 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posted with Town Clerk:_/_/ Mailed:_/ / I&M /_/_ &_/ /_ Hearing(s) held on_/ / Opened on :_/_/ Continued to: /_/_ Withdrawn:_/ / Decision Due By:_/ /_ Made:_/ / Filed w/Town Clerk:_/ / Mailed:_/ / 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298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 Town of Nantucket Web GIS -Map Page "~'`'°~` i"`° TQWn o€ Nantucket ~iTeb GIS Parrets ,. Zoom In ~1~~)~li~~ Out t;i "'~ "" ~ ~ : ~ t~ ~ ~ Property ID 54 41 _. -- - - a nuKnm , 5a ttc amts r i r 4t ~ ~ ~ ,'~ ~ i d` ~~l ~~ ! +~ I~+ .` ~ 1 / ~ 11~ - _ _, ` ,' - _ - 1 t _~ F 5 } r -.._ . t ~ z3 ` 1 ~ ,1 ~ fl / sift -~~~~~_. ~ , ; t \ ._ ~4 ~ Location 8 TAWPOOT RD Owner LINDSAY RONALD M & NANCY S Co-Owner Owner Address 1041 OLD MARLBORO RD CONCORD, MA 01742 Last Sale Date 10/01/1996 Last Sale Price $447,500 Book/Page 00017/ 540 Lot Size 0.69 acres ~ Land Use i Code 1010 land Use i Desc Single Fam MO1 ~ Land Use i % 100 Land Use 2 Code r Land Use 2 Desc Land Use 2 % 0 Out Building $0 Value Ex. Feature Value $7,800 Improvement $934,600 Value Total Ezempt $0 Total Value $1,545,900 utility "Well,Septic" Land Class R °' "~ ~ Zone LUG3 Label Parcels with Parcel ID ~ ~' OrthO PhOt05 Default Map Use of this facility is dependent upon acceptance and understanding of Use Conditions and Data Caveats contained on the Home & Additional I~onnation pages. http://host.appgeo.com/nantucketmaJMap.aspx Page I of I Printable Flap 9/23/2009 Town of Nantucket Web GIS -Map Page Page I of 1 "~"'°"~' ~° T©wn of Nantucket Web GIS taa*~eis ~ Printable Map Zoom In f ~ ~, ~ ~ ~ ~ ~ ~ Out ~ • ~ F ~ ~ ~ ; _ ~Q fi""f ~ ~ Property ID 54 41 I~~ I sa a8_t ~~ I i' 0 193ft Location 8 TAWPOOT RD Owner LINDSAY RONALD M & NANCY S Go-Owner Owner Address 1041 OLD MARLBORO RD CONCORD, MA 01742 Last Sale Date 10/01/1996 Last Sale Price $447,500 Book/Page 00017/540 Lot Size 0.69 acres ~ Land Use i Code 1010 Land Use i Desc Single Fam MO1 ~ Land Use i % 100 d Land Use 2 Code Land Use 2 Desc Land Use 2 % 0 Out Building $0 Value Ex. Feature Value $7,800 Improvement $934,600 Value Total Exempt $0 Total Value $1,545,900 Utility "Well,Septic" Land Class R ~ "~ ""~ Zone LUG3 Label Parcels with Parcel ID ~ ~~ Ortho Photos Default Map Use of this facility is dependent upon acceptance and understanding of Use Conditions and Data Caveats contained on the Home & AddRional Informatio[e pages. http://host.appgeo.com/nantucketma/Map.aspx 9/23/2009 1 11 ~` \~ ,~ 1~ 1~ 4~ 11 II K ~ ~, M1'- - _ ~I ^+ 3~ . h h ~ w y ~ S _ a ~ O s ; ' x z - v : R » S- ~ - a -- a ., x ~ a - ao -x ~ . ` ~ , u y :r ~ _ __ aNOZ aNV~sl w1151S 31vN10M007 S113S/~H7vSS~w H1MON Olat•J N _ 3 > t O~ v ~~ . N ~ ' O q •.G 2 < ° ; ,~ ~~O '' ~ r .? E ~~ -- .9 . U o ~ Z V W Y V1 ~ r W u i ~ -• '. '~. O m ~ W _ m z a i o 3 -s~~ . G W ~ L7fi J •L~ W = S 9~'wb z _ _' __- _- S ~ ~ ~ = ee ~ r _~' ~ V 1~ F" N °¢ ~m s 'w^ _ `~--~ ~ ~• '~=/ S~. ~1 ~ ~••~ , r II a.i 3~ II J ~ r ( ^~ ^~~ s f i ~ I ,: ~. ~l ~ r ~ .~rN ! ~ F + . .~ ~ s pp ~ ~ : ~ r-~ :r -.vim a a. Q ... U d- cD c0 d' Q ~Q Q Q~ .S f~ 3 0 ~ o ~ ~ o ,.~ :"7 ° co 1 __~ tea. U cv MAP 54 J PARCEL 116 ~o of CONCRETE BOUND FOUND S79'~~'1~»E 143 ~0, ~_ Q U ~- co ~r- / a O~ ~0 ~Q 3 N 0 vim- o ~ o „ ;~ /~ ~ ~0 /~ U cv MAP 54 -' PARCEL 116 ~o CONCRETE BOUND FOUND ZONING CLASSIFICATION: Ll MINIMUM LOT SIZE = 120, MINIMUM FRONTAGE = 2( FRONT YARD SETBACK = REAR YARD SETBACK = 21 SIDE YARD SETBACK = 20 GROUND COVER RATIO 3° GROUND COVER RATIO 7. PROPOSED GROUND COVEF BASED ON PLANS DATED S7g °11.16 „E 143 ~~, ~ _ -~ ~- ~ 5,00 Town of Nantucket Zoning Board of Appeals ~~~ ~.,r. ~ q ~o.n .. LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: I PROPERTY OWNER... ~~ ~~.. I~..:..~....~~?~! c z' :~:.. ~~9 !~.~ _ l ~ MAILING ADDRESS .... !~:'.. ~{~ :`' `~.~~~. ! ...... ~-!~ ................................. ~ i`~'t~v (.^2 PROPERTY LOCATION..... .......... ~..::~......./.. ~~ .................... ASSESSOR MAP/PARC L...........:~~ .`~ ..~~ ..................................... C ~' APPLICANT .............. ..~?=-l..... ~~~~.`~:~-:.....1.:--1.~"J!`~~,r-............ SEE ATTACHED PAGES I certify that the foregoing is a list of persons 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 land owners within 300 feet of the property line of owner's property, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 40A Section 139-2 DATE SSESSOR'S OFFICE Town of Nantucket ro a ~ a ~ ~ ~ ~ ~ a a a a a a z z v a a a a o o F a a a ~ ° ~ ~ ~ ~ 0 0 o H a ° ~ ~ ~ a ~ v i i o a a a a a o 0 0 o w w a a a a a ~ a a a a F pp,, p, {~LL a a 3 a a a m N ~ F N U W PO P7 PG h 7 ~ a ~ ~ W W P7 H m v1 m u~ .7 F F F rA v1 a~ w r+ w w ~ v v w a a M .~+ w w o +n r+ +n +n +n +n +n +n +n +n o m +n +n m a +n o +n +n +n +n +n +n +n +n r o in +n o v1 N n N N N N N N N N Ill O N N N N O .-I O O O O O O O O b 0 0 0 ~ g ~ ~ ~ ~ ~ ~ ~ ~ b a Tr' H z 0 F F F F F O F W W 6 7 W p p~~77 W W W W h l ' T. H ,~ p p U U W p p U U U U ] ~ 7 . H U a ~~ CC ~ ~ ~ ~ ~ ~ ~ Q U ~ ~ ~ z z N 0 Cl H b b a rn a .~, .~, ro U' z H H N H a a ~ q z q ea a~ A a cn ~ ~ ~ fx U ~ z ~ m cFn ~ ~ a ~ a W E ~ [ i q a a a ~ ~ ~ ~ ~ ~ q x w ~ a a E'+ 7 m a a ~ ~ o ~ a a p ,a , m m w a~ w x o x 0 x 0 x 0 x 0 x o o a u W y v i W (~ -Z b y w PO w 09 w (A GQ R1 m w W (~ i b ~ o O O O O O O N ~ N m f A A ~ a m m w a a a a a a N ~ ~ +n n N F W O a ~ z ~ m ~ w + o a s~ z ~ N H ~ C4 1~ O O O ~ U U U H N H H M W W q i ~ ~qT . ~ ~ ~ S ~ yy (, W ~ w P P 7 , Z ~~ 7 7 yy F O O R R R 7 D+ W ~ P i W h i W w h ~ ~ W a a a F m a $ Z z z Z O VI iC v rn ro a c~l~~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02.554 Date: October 14, 2011 ~,~i To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 044-11 Owner/Applicant: RONALD AND NANCY LINDSAY 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 given to the Town Clerk so as to be received within such TWENTY (20) days. c ~~ J.. ~/ Edward S. Toole, 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 APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 54, Parcel 41 Land Court Plan 14664C 16 Sesapana Road Lot 5 Limited Use General-3 Certificate of Title No. 15929 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, September 8, 2011, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of RONALD AND NANCY LINDSAY, of 1041 Old Marlboro Road, Concord, MA 01742, File No. 044-11: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A.(4) (alteration of preexisting nonconforming structures) in order to alter the preexisting nonconforming structure. As a result of said alteration, the preexisting nonconforming ground cover ratio will be increased from 7.150 to 9.6o in a zoning district that allows a maximum ground cover ratio of 30. In the alternative, the Applicant is requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139-32 (Variances) from the intensity regulations in Section 139-16 (intensity regulations - ground cover) to complete the work requested. The Locus is situated at 8 Tawpoot Road, is shown on Nantucket Tax Assessor's Map 54 as Parcel 41, is shown on Land Court Plan No. 14664-C as Lot 5, and is registered as Certificate of Title No. 15,929 in the Nantucket County Registry District of the Land Court. The property is zoned Limited Use General - 3. 3. Our decision is based upon the application and accompanying materials. The Planning Board recommendation was that this was not a matter of planning concern. There were no letters in support of or in opposition to the application. 1 4. Tori Wilson represented the Applicant. Ms. Wilson explained to the Board that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) (alteration of preexisting nonconforming structures) in order to alter the preexisting nonconforming structure. As a result of said alteration, the preexisting nonconforming ground cover ratio will be increased from 7.150 to 9.60 (2,895 square feet) in a zoning district that allows a maximum ground cover ratio of 30. Ms. Wilson noted that such pre-existing nonconformities are common in this area, with numerous similar permits granted by the Board for this neighborhood, as evidenced by the decision in Files Nos. 067-89 (authorization for a 2,485 SF structure), 110- 92 (Special Permit to validate existing addition and for increase of ground cover to 1,988 SF), 026-97 (Special Permit to increase ground cover to 2,893 SF), 046-99 as modified by 058-02 (Special Permit to increase ground cover to 2,222 SF), and 089-01 (Special Permit to add full basement and increase in ground cover to 2,334 SF), as well as in File No. 076-08. These decisions repeat that, subject to Special Permit relief, the Board of Appeals and the Building Inspector (who was previously also the Zoning Officer) have treated these lots as being subject to the requirements of the R-2 zoning district, which allows 12.50 ground cover. 5. Accordingly, Ms. Wilson requests relief by special permit for the proposed additions, on the basis that the dwelling is already pre-existing, nonconforming as to ground cover, and that as a result of the special status of single and two-family dwellings under M.G.L., c. 40A, ~ 6, the nonconformity may be extended by special permit where the Board of Appeals, as special permit granting authority, finds that the extension will not be substantially more detrimental to the neighborhood than the existing nonconformity. The Board asked Attorney Richard Glidden, who happened to be in the audience for an unrelated matter, for a history of the subdivision and Attorney Glidden gave a history of the subdivision and how the Town created ground cover nonconformities for all the parcels in the neighborhood by rezoning said parcels to Limited Use General - 3. 6. Based upon the foregoing, the Board of Appeals, by a UNANIMOUS 5-0 vote, made the finding that the proposed extension and alteration to the structures upon the locus would not be substantially more detrimental to the neighborhood than the existing nonconformities, and by the same vote, GRANTED the requested relief by SPECIAL PERMIT under Zoning By-law ~ 139- 33.A, subject to the following conditions: 2 (a) All work shall be completed in substantial compliance as shown on the site plan entitled, "Plot Plan, Nantucket, MA," prepared by On-Island Survey Co., dated June 28, 2010, attached hereto as "Exhibit A;" and, (b) Except as permitted herein, there shall be no further expansion in ground cover without further relief from the Board of Appeals. SIGNATURE PAGE TO FOLLOW 3 n Dated: ~eL.~ 6s 2011 COMMONWEALTH OF MASSACHUSETTS Nantucket, SS. U~ ~J , 2011 On this ~ ~ day of ~~r~ 2011, before me, the undersigned Notary Public, personally appeared 1„f r,,,- ,who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he signed it voluntarily for its stated purpose. Notary Publ' g, My commission expires: O~r(~/U1'1 *.;°~~.~ .v~~ ..t_ -~ Y~ <• "~,; ~`' r a~: -'." ~~~wf'.r. ~ ~ .~:~%~ t m..,._ /F ~ ~ `~ ~ / ; U `,~~ i/ ~chael Angelast a a U U Ci J ./ ~ . I ~ ~~ ~o MAP 54 PARCEL 116 CONCRETE BOUND FOUND 143.Op, / / ~``~~~ / ~~ ~ / ~ ' ~~/i ~ ~~_ ~~ i i 1 / 3 0 ~. ~ o ~ ~ Z/ h o ~ ~ ~ ~ I ~I ~ o . . / % o ~i / ~° `~ ~ ~~ o ~~_ - ,~ ~ -~/ CONCRETE BOUND FOUND LOT 5 AREA = 30,185 SO. FT. I CERTIFY THAT THE BUILDINGS AR(E~L~C~AT~(E~D'~A~Sv~SHO U ON. ' rn JO PH MARC LIN ~ ~' ~"~R lly / 1 0.' ,.330 ., ~!~ ~~ ~\ Y<'ciSTf~va`a ~- ON-ISLAND SURVEY CO. JOSEPH MARCKLINGER P.L.S. PROFESSIONAL LAND SURVEYORS P.O.BOX 896 138.05' SZg- NANTUCKET, MA. 02554 DEED BOOK 891, PAGE 339 (508) 228-8031 ASSESSORS MAP 54, PARCEL 41 n o a o° ~ N _O MAP 54 PARCEL 40 PLOT PLAN NANTUCKET, MA. 8 TA~NPOOT ROAD (NANTUCKET COUNTY) PREPARED FOR: LINDSAY SCALE 1 IN.= 20 FT MARCH .18, 2009 REVISED: JUNE 28, 2010 ZONING CLASSIFICATION: LUG-3 MINIMUM LOT SIZE = 120,000 S0. FT. MINIMUM 'FRONTAGE = 200 FT. FRONT YARD SETBACK = 35 FT. REAR YARD SETBACK = 20 FT. SIDE YARD SETBACK = 20 FT. GROUND COVER RATIO 3% GROUND COVER RATIO 7.15% (EXISTING 2,159 SO. FT.) PROPOSED GROUND COVER RATIO 9.6% (2,895 S0. FT.) BASED ON PLANS DATED 4.25.10 BY; H. DARZEN