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HomeMy WebLinkAbout085-84� v TUC W F NANTUCKET'S TOWN N O o y BOARD OF APPEALS ogP`OR»A.I V. NANTUCKET, MASSACHUSETTS 02554 November 30, 1984 Re: GRACE P. HAMMOND (085 -84) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. BOARD OF APPEALS Eileen I. Cahoon, Chairman a � q ---*now +'.!... •�{ .yyyBY' N, war. ,,. 4W r TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION: In the matter of the Application of GRACE P. HAMMOND, BARBARA S. HAMMOND, JANE W. HAMMOND,, and HELEN J. HAMMOND (085 -84) , at a meeting of the BOARD OF APPEALS held at 1:30 p. M. on Friday, November 16, 1984, at the Town and County Building, Nantucket, the Board enters the following Decision and makes the following findings: 1. This is an application for relief from the requirements of Section 5.1 (Intensity Regulations: ground cover ratio) of the Zoning By -Law. (The Application describes the proposed relief as a variance; at the public hearing, the Applicants suggested to the Board that relief by special permit would be appropriate. This Board deems the granting of a special permit to be the appropriate relief, for reasons stated herein, and, taking the position that the application for a variance includes, where applicable, the lesser included relief of a special permit, which tests upon —�-- """ s less stringent requirements. Accordingly, we treat thi = 'application as one for a SPECIAL PERMIT.) if granted? Applicants would be permitted to construct a new garage .` addition to be ataed togs present dwelling upon the Alt Aft- subject premises, such garage addition to be sixteen and one -half feet wide and twenty -nine feet long, which would, when added to the present structure, cause the subject premises to have a total ground cover ratio of 12.1% (7% maximum permitted by the by -law.) The subject premises are shown as Lot E on Land Court Plan 14029 -A, are located at 46 Monomoy Road, and are zoned as LIMITED USE GENERAL-1. 2. Based upon the application and the materials and testimony presented at the public hearing, the Board finds that the subject premises contain 15,000 square feet and contain a single - family dwelling, antedating the effective date of the Nantucket Zoning By -Law, with ground cover of 1,340 square feet; the present ground cover ratio, computed under the by -law, is 8.98. The maximum ground cover ratio permitted in a LUG -1 zoning district is 78. The Applicants' proposed garage addition, to contain no additional dwelling unit, would have a ground cover of 478.5 square feet, bringing the total for the subject premises to 1,818.50, for a ground cover ratio of 12.1 %. The new garage addition is to ... A be constructed at the southerly end of the existing building. i 3. The subject premises constitute a non - conforming lot by reason of the fact that they contain les$ than the 4`0;000 square feet of minimum lot size -requit ed by the by -law. Although ."h"appears that the subject premises are a lot of record c,pntaining more than 5,000 square feet and therefore may be built upon, up to 1,500 square feet of ground cover, .... . under the provisions of Section 5.1 (first sentence after the tabulation) , the next sentence makes it clear that, although lawfully existing, the lot is to be considered non - conforming because the present structure exceeds the ground cover permitted under the by -law; any other construction would vitiate the need for that next sentence. Accordingly, the provisions of Section 7I.1, providing for extension or alteration of pre- existing, non - conforming uses or structures by special permit, are applicable. 4. The Board finds, based upon a review of the Application, supporting documents, plans, testimony, correspondence, and a viewing of the subject premises, that the proposed new garage addition, as herein described, is in harmony with the general purpose and intent of the Zoning By -Law, which permit garage structures as accessory to the conforming residential use of the subject premises. (There is an existing garage upon the subject premises, but the Applicants represent, and the Board finds, that it is insufficiently large to permit its effective use for garaging an t automobile.) This Board further finds that the proposed addition will not be substantially more detrimental to the neighborhoM than the existing non - conforming structure, in that tjleTes will be no adverse aesthetic effect, no additional dwelling unit will be created, and the proposed addition will not violate any setback requirement of the by -law. 5. Relief granted hereunder is conditional upon the proposed garage addition not being used as an addditional dwelling unit. 6. For the reasons and upon the conditions set forth, the BOARD OF APPEALS hereby GRANTS the Applicants relief from Section 5.1 of the Zoning By -Law by a SPECIAL PERMIT, by a UNANIMOUS vote. ^ Dated: November 1984 - E le I. Cahoon `n Q C ° �- `' Cam_ 4�••� _. William R. Sherm Cam--, 3._ ss �-- - • L le L. Rickard t .. x q ` -o TiICO� � My AB -1 fD� FEE $ 100.00 Case No. APPLICATION TO THE BOARD OF APPEALS Nantucket Massachusetts To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the (ZONING BY- LAW) E on property described below: to. Location of Property 46 Monomoy Road (.54 -71) Lot No. Lo District is Zoned for LUG -1 Plan No. 14029 -A Type of structure (Existing or Proposed) or proposed use: New garage addition Grace P. Hammond, Barbara S. Hammond, Jane W. Hammond, Owner's Name and Helen J. Hammond Owner's Address 23 Pawson Road, Branford, Connecticut 06405 (Please send all correspondence to Attorney Arthur I. Reade, Jr.) When did you acquire this property ? 1982 - Has application been filed at Building Department? No I -]as any previous appeal been made? No Section of By -law or Code from which relief is requested:- Section 5.1 (In- tensity Regulations) Reason for asking relief: Applicants desire to construct _a _new —gara e addition containing no living space. Their lot contains 15,000 square feet and is a lot of record; the existing building covers 1,340 square feet. The maximum ground coverage permitted is 1,050 square feet. Applicants request a variance from the ground cover ratio, only, to permit the construction of the proposed addition. Attorney for applicant: — �- Arthur I. Reade, Jr.(Tel. 423 -4800 Grace P. Hammond et al 168 Milk Street 228 -3128) Signature of applicant, Boston, Massachusetts 02109 .ATT.'�CH: (1) A list of the names and addresses of each abutting owner. and owner abutting the abutters. -01 00.0 / (2) Check in the amount of made payable to the Town of Nantucket. a � r u� ue>7 (3) Map or plan showing.the location of the property to be / considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION :pnlication submitted to Board 16) 1 (Ivertising dates Hearing date _ — Decision of Board _ Decision filed with the Town Clerk No ` TOWN OF NANTUCKET � BOARD OF APPEALS of parties in in Lis *_ terest in the mattes of the petition of. Namej. race P. Hammond et al , Address o /o .Arthur I . ;Reader Jr , Esquire; 168 Milk Strut �, Bps, ` n, *sssc use s Prrerty Address 4 Manomoy = '11—(5 4 - 7 1) } S - t4-ached list. ee fA of tw a S I ceiti y the foregoing is a list of per sons who are owhtrs :'of land he abu t rs owners' abut 'inq the property, ners o land ;abutting tr o ert ©n a' y treet o a�/ andj Ind di ect oppoiteathe p p oh s of and within` X00 feet; f the` 6p III fall as�;te�fk PIP eatr. Ae most regent appl ica%lle is C-11 r � A � RsseSsor { at own of antucket�. a I 's. ,. nP 'A i♦ <,s+;i4ypl�WpAM••. Clarence S. Lovelace et al (54 -151, 152, 160) 620 West Lyon Farm Greenwich, Connecticut 06830 Caro e Lovelace Brown et al (54 -153, 154, 155, 157, 158, Box Boca ande, Florida 33921 -� R 9, , 4 • t. f p. JAI.. � iL.+•sa:+. i.. r M km A M040 : Yk am...... .. i ?—° mss.,. ,::... a..n2 n n•_e»= .ca.'m�',r°'°.- -_. _ - -- r '�. dlWrev r -Fs ?t a Mow Re: Board of Appeals application of Grace P. Hammond et al s Edward Harry Newhall c/o Nancy N. Hurlburt 1006 De Wolfe Drive Alexandria, Virginia 22308 Jane P. Long Hidden Brook Farm Purchase, New York 10577 Welington Burt, Jr. and Jane B. Kolb 1250 Sea Plume Way i Sarasota, Florida 33581 ABUTTERS LIST s + < ( 43 -42) (43 -43, 44, 51) (43 -45, 49).,�R<w..".. ,. J Pepper Frazier and (43 -46, 48; 54 -5) Elizabeth P. Frazier Seven Darling Street ._. r._. Nantucket, Massachusetts 02554 Richard S. Lovelace et al (43 -47, 150, 156) 48 Main Street Essex, Connecticut 06426 dW*:. John L. Lyman -, (546 , 7.1) - - 636 Charles River Street Needham, Massachusetts 02192 >•x;. 4% Nantucket Conservation Foundation, (54 -7) ` " Inc. ;ass '� -,. • , ....,,,.... ..., .w .. 'emu.. , ♦� a =,.�,,,.:o ;... �� _ ,n. . �. wrAe+.g ar ...:.. ri'YU.4Pl,LI }yylp•M„NMaYMrtMNCU. NOTICE .�.��,. -•., A Public Hearing of the BOARD OF APPEALS will be held.. -_ „f a on FRIDAY, NOVEMBER 16, 1984 at 1:30 p.m. in the TOWN AND ,.. COUNTY.BUILDING, FEDERAL AND BRO ,GREETS, NANTUCKET, on the Application of GRACE P. HAMMOND ET AL (085 -84) seeking a VARIANCE under SECTION I Ofd 5.1 a r0kn)(' c?oL?e r - 2CW0 „.v (intensity regulations) of the Zoning By -Law. If granted the Applicants would be able to construct a new - - -- garage addition containing no living space. The property is located at 46 MONOMOY ROAD (54 -71) LOT E, PLAN 14029 -A and is zoned LUG -1.