HomeMy WebLinkAbout024-12 17 Top Gale LanePrint Form
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
� N
� O
--i
n � �
M
M w c-)
M
_3 <
:3 M
0
C
M N
m
7 N
Fee: $300.00 File No. Pi- i Z,
Owner's name(s):Robert M Kaye
Mailing address:c /o Patricia A. Halsted, Attorney, 4 North Water Street
Phone Number:508- 228 -0444 E-Mail:patricia@halstedlaw.com
Applicant's name(s):Same as above
Mailing Address: same as above
Phone Number:Same as above
Locus Address: 17 Top Gale Lane
E -Mail: same as above
Assessor's Map /Parce1:27 /7
Land Court Plan /Plan Book & Page /Plan File No.:L . C. Plan No. 14311 -4
Deed Reference/ Certificate of Title: to , 320 Zoning DlstrictLUG -3
Uses on Lot- Commercial: Nonex Yes (describe)
Residential: Number of dwelhngs2 Duplex 0 Apartments 0
Date of Structure(s): all pre -date 7/72 or 1984 and 1989
Building Permit Numbers: 2968 -84, 5525 -89, 6935 -89 and 7368 -90
Previous Zoning Board Application Numbers:N /A
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:
See attached Addendum
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: 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:-7—/—Planning Board:—/—/— Building Dept.:—/—/— By:_
Fee deposited with Town Treasurer:—LL 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Continued to:' /_/ Withdrawn: /_/ Decision Due By:—/—/—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:-7-7-
ade: / / Filed w /Town Clerk: / /—Mailed:—/—/—
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 -228 -7298 facsimile
Addendum
Applicant is seeking relief by SPECIAL PERMIT pursuant to
Nantucket Zoning By -law Section 139 -30 to alter a pre- existing,
non - conforming use. Applicant is renovating the second floor of
the existing dwelling and constructing a pergola on the
property. There will be no increase in ground cover. The
dwelling was constructed when the property was zoned LUG -1 with
a ground cover ratio of 70. The zoning later changed to LUG -3
with a ground cover ration of 30. The property is non-
conforming as to ground cover as a result of the zoning change.
�l
Town of Nantucket
Zoning Board of Appeals
RECEIVED
BOARD OF ASSESSORS
MAR 0 9 2012
TOWN OF
NANTUCKET, MA
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER.... NC .':c` '.'.
MAILING ADDRESS......:: --a
PROPERTY LOCATION........ l.1 .... :... /°`t.....` :` L ...............
ASSESSOR MAP/PARCEL......... 2 T....... ....... ...............................
SUBMITTED BY..... '.iT t� // ...!. ".T .: ? ... ...........................
SEE ATTACHED PAGES
I certify that the foregoing is a list of all 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, as they appear on the most recent applicable tax
list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B
(2)•
DATE ASSESSOR'S OFFICE
TOWN OF NANTUCKET
W
U)
N
O
0
w
ro
3
ro
w
m
N N N N N N 3
J J J J J J M1M1
b
pl
f0]
x
U o N N m J r
N N N O
R
N
C
7
W
R
r
z z m
m m
zzHb
nT P H
z z
O z z H
x n n
ro
w K
o n
� m
ro
H z i
z o
n a
r H
0
H
C
m
H
o ~ o o rn
$ o o O n
to
N r C 0
w s b tl e
n
m J J M
b b
H
A
U
Id M
m H
m m 2
z o o R m
� 0 x z � z
H H O
O �
g g g g g (S
7 7 Y Y Y 7
0 0 0 0 0 b
N N N N N P
U Y H N U O
P A 10 b A O
1
J
N
O
Ol OI N N N N
01 N N P U U
z z z
pr rp pr
F
pn
9
m
Qn
3
W
n
e
m
z
0
p�
M
a
Iq
H
N
b
ro
N
s
p
M
7
4'
H H
rn 7d
yr
H
H
H
z
a
= I "
0 r _
.I-= r
q o _ _ O
f jam' j H
(7i
o g g 2 s
lO `
ur _GRID
MASSACHUSETTS COORDINATE
SYSTEM mzTFim
ISLAND -ONE
9 �
O
u o n
-o J) ) \
o
E 326,000.
Kaye Residence
i - -\ UCXET
17 Top Gale Lane
- R Nantucket, MA 02554
27 -52
N/F NANTUCKET
CONSER VA 77ON —' —
FOUNOA TOM
/y 1 Site Plan
1 1" = 50' -0"
Lot Size
123,710 + / -sq.fl.
Current
I \
-
LUG -3
LUG -1
Allowable G.C.
3% or 3,711 + / -sq. ft
7 %or 8,660,711 + / -sq. ft.
Existing G.C.
4,503 +/- sq. ft.
4,503 +/- sq. ft.
Proposed G.C.
4,503 +/-sq ft.
4,503 +l- sq. ft.
Total G.C.
4,503 +1- sq. ft.
4,503 +/- sq. ft.
27 -7
\
(2.85 ACRES)
u
qt.
A-
5 TONE
EXISTING
COTTAGE
841 sq. ft.
\ 1
1 \I
��6h 4p 27 -7.1
NIF 15 TOP GALE, LLC
/
\.•.A
2�
2
,
0� Q
/.
.P
TOP GALE LANE
o
/y 1 Site Plan
1 1" = 50' -0"
2 Locus Map
Graphic Scale
Lot Size
123,710 + / -sq.fl.
Current
Previous:
Zoning:
LUG -3
LUG -1
Allowable G.C.
3% or 3,711 + / -sq. ft
7 %or 8,660,711 + / -sq. ft.
Existing G.C.
4,503 +/- sq. ft.
4,503 +/- sq. ft.
Proposed G.C.
4,503 +/-sq ft.
4,503 +l- sq. ft.
Total G.C.
4,503 +1- sq. ft.
4,503 +/- sq. ft.
2 Locus Map
Graphic Scale
Date: Mav 11. 2012
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 024 -12
Owner /Applicant: ROBERT M. KAYE
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.
)6 l
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 27, Parcel 7 Land Court Plan No. 14311 -4
17 Top Gale Lane Certificate of Title No. 10,320
Limited Use General - 3
DECISION:
1. At a public hearing
Appeals, on Thursday, April
Nantucket, Massachusetts, the
on the application of ROBERT
Attorney, 4 North Water Stre
024 -12:
of
12,
Bo
M.
et,
the Nantucket Zoning Board of
2012, at 4 Fairgrounds Road,
3.rd made the following decision
KAYE, c/o Patricia A. Halsted,
Nantucket, MA 02554, File No.
2. The Applicant is requesting Special Permit relief
pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) and (5)
in order to alter the preexisting nonconforming dwelling without
increasing the nonconforming nature of said structure. The
structures are preexisting nonconforming as to ground cover
ratio, having a ground cover ratio of 3.6% in a zoning district
that allows for a maximum ground cover ratio of 30. The
Applicant is not proposing any change to the ground cover ratio,
but is renovating the existing structure. The Locus is situated
at 17 Top Gale Lane, is shown on Nantucket Tax Assessor's Map 27
as Parcel 7, is shown on Land Court Plan No. 14311 -4, and title
is registered as Certificate of Title No. 10,320 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
accompanying materials, representations, and t
at our public hearing. There was no
recommendation on the basis that no matters of
were presented. There were no letters in
opposition to the application.
application and
estimony received
Planning Board
planning concern
favor of or in
4. Attorney Patricia Halsted represented the Applicant at
the hearing. Attorney Halsted explained to the Board that the
Applicant is requesting Special Permit relief pursuant to
1
Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5) in order to
alter the preexisting nonconforming dwelling without increasing
the nonconforming nature of said structure.
The structures are preexisting nonconforming as to ground cover
ratio, having a ground cover ratio of 3.6% in a zoning district
that allows for a maximum ground cover ratio of 30. The
Applicant is not proposing any change to the ground cover ratio
or the setbacks, but is renovating the existing structure. It
was determined by the Zoning Enforcement Officer that this level
of alteration required Special Permit relief, therefore the
Applicant is applying for relief pursuant to Section 139 -
33.A.(4) and (5) of the Nantucket Zoning Bylaw.
5. Therefore, after a discussion with the agent for the
Applicant, the Board finds that such a Special Permit relief
pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) and (5)
in order to renovate the existing structure would not increase
the nonconforming nature of the structure and would not be any
more detrimental to the neighborhood than the existing
nonconformity because there will be no change to the ground
cover ratio as a result of said alterations. The Board of
Appeals so finds that this type of alteration would be in
harmony with the general purpose and intent of the Zoning Bylaw.
6. Accordingly, by a UNANIMOUS vote of the sitting Board,
the Board of Appeals made the finding that such Special Permit
relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4)
and (5) in order to alter the preexisting nonconforming single -
family dwelling without increasing the nonconforming nature of
the structure would not be any more detrimental to the
neighborhood than the existing nonconformity and would be in
harmony with the general purpose and intent of the Zoning Bylaw
with the condition that all work shall be done as shown on the
plan labeled, "Kaye Residence ", dated March 6, 2012, prepared by
Emeritus Development, attached hereto as "Exhibit A."
SIGNATURE PAGE TO FOLLOW
2
Dated: '2012
n-
�usan McCarth /
Mark-Poor
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. 1 lh I U 12012
On tl�'s {—�U� da of 1 l 2012, before me, the undersigned Notary Public, personally appeared
Q��'i`. , 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 /she signed it
voluntarily for its stated purpose.
aiy Public:
My commission expires: 1111(Ult
3
(Y =
i zxZ
1
" A N T U C, Kaye Residence
17 Top Gale Lane
\x H A R 8 R Nantucket, MA 02554
27_52
N/F NANTUCKET
CONSFA"VA TION
FOUNDATION
/5 1 Site Plan
1
1"= 50,_Q.
Lot Size 123,710 + / -sq.ft.
Current
Previous:
Zoning:
LUG -3
LUG -1
Allowable G.C.
3%or 3,711 + / -sq. ft.
7% or 8,660,711 +1-sq. ft.
Existing G.C.
4,503 +1- sq. ft.
4,503 d- sq. ft
Proposed G.C.
4,503 +/- sq. ft.
4,503 +/- sq. fL
Total G.C.
4,503 +1- sq. ft
4,503 +/- sq. fL
27 -7
\
/.
124_3601 5F.
\
(285 ACRES)
°
,
°o
'it
pEC� O
,, /�
,n
°
I�
AY
STONE
E�
EXISTING
COTTAGE
841 sq. ft.
11
5
i
27 -71
391 N/F 15 TOP GALE, LLC ' \I
)
.
\
b ry /•.
0�
G -
TOP GALE LANE
� f
/5 1 Site Plan
1
1"= 50,_Q.
Lot Size 123,710 + / -sq.ft.
Current
Previous:
Zoning:
LUG -3
LUG -1
Allowable G.C.
3%or 3,711 + / -sq. ft.
7% or 8,660,711 +1-sq. ft.
Existing G.C.
4,503 +1- sq. ft.
4,503 d- sq. ft
Proposed G.C.
4,503 +/- sq. ft.
4,503 +/- sq. fL
Total G.C.
4,503 +1- sq. ft
4,503 +/- sq. fL
zLocus Map
Graphic Scale