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HomeMy WebLinkAbout022-86Re: - __ 01' NANTUCKET -_ BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 March f , 1986 DANIELLE E. DEBENEDICTIS (022 -86) 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. William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, FEBRUARY 28, 1986 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of DANIELLE E. DEBENEDICTIS (022 -86) address 251 Old Farm Road, Milton, MA 02186, the Board enters the following De- cision and makes the following findings: 1. Applicant seeks a VARIANCE from the intensity regulations, SECTION 139 -16A of the Zoning By -Law, to permit extension of an existing single - family residence beyond the prescribed ground cover ratio. The premises are located at 17 SESACHACHA ROAD, QUIDNET, Lots 16 and 17, Land Court 8798 -G, in the zoning district LIMITED USE GENERAL -III. 2. Based upon the Application papers, viewings, testimony, representa- tions and M. Rowland's site, floor and elevation plans made of record at the hearing, we find that Applicant now has a very modest 768 SF of ground cover. Her residence is sited on a parcel consisting of the two lots 16 and 17 treated as merger( for zoning purposes due to her common ownership. The parcel area of 11,760 SF is subminimum in LUG -III where 120,000 SF are required and the maximum ground cover ratio is 3 %, or 352.8 SF for this parcel. Counsel for Applicant proposed that 1500 SF be taken as the maximum allowable ground cover pursuant to the "Note" to Section 139 -16A. While evidence was not offered in support of that larger ground cover limit, we proceeded with the hearing on that basis. 3. Applicant explained that since her recent 1985 purchase of the premises, she has determined that extension of the residence was necessary to accommodate her son and daughter in separate rooms and, this summer, her father in failing health. Her husband affirmed the need. Compared with the present 2 bedrooms, 1 bath, living /dining room and kitchen, the addition of 1078.5 SF would allow 3 bedrooms, 2 bathrooms, larger living and dining areas plus new kitchen. The alternative of adding a second story, rather than exceeding 1500 SF ground cover, was said to be barred by a deed restric- tion known to Applicant from prior to her 1985 purchase. Applicant, V (022 -86) -2- an attorney, questions whether the restriction violated the rule against perpetuities but stated a preference against court challenge. 4. For puposes of Section 139 -32, the requisite uniqueness was said A to lie in the deed restriction, not of record, and the siting below the bank of Sesachacha Pond on the shore. That side of Sesachacha Road is zoned LUG -III whereas the historic Quidnet cluster of small houses on the other side is in R -2 with ground cover ratio 12.5 %. The height restriction is also cited in support of the requisite finding of hardship going with the land and not of Applicant's own making. 5. The Planning Board voted 3 -2 for a favorable recommendation. A letter was received on behalf of Dr. Leon and Mrs. Elizabeth Miller stating their reliance on the height restriction when they purchased adjoining property in 1972. One might infer from the 1972 date that the subject resi- dence pre- existed zoning and its expansion alternatively a matter for Section 139 -33A relief. However, this Application was limited to Variance relief, perhaps because of setback problems not of record. The Denbys spoke in opposition. 6. In any event, we were not able to make the requisite findings under Section 139 -32A, including that desired relief may be granted without substantial detriment to the public good and without nullifying or sub- stantially derogating from the intent or purpose of the Zoning By -Law chap- ter. However much we might wish to extricate Applicant from the constraints of her recent home purchase, neither law nor considerations of precedent allow such a drastic variance. 7. Our misgivings about more intense use of her septic system im- mediately adjacent the Pond and a much used beach might be answered by an action of the Conservation Commission, not made of record. We are told it permitted a system expansion for the expanded dwelling here proposed, and based upon the plans submitted to this Board. 8. Upon motion to grant the requested relief, a unanimous vote was not obtained, member Vollans voting in the negative. Accordingly, relief (022 -86) -3- is DENIED. Dated: March , 1986 Nantucket, MA 02554 c�-- S �' �• // William R. Sherman Dorothy D. Vollan Linda F. Williams DOROTHY D. VOLLANS P.O. SOX 622, NEW ST. SIASCONSET, MA 02564 TO: William Sherman, Chairman Board of Appeals RE: Case 022 -86) Intensity- Ground Cover, Quidnet DISSENTING OPINION M a464 �fiilP�o The Nantucket Zoning By -Law does not permit the oversize addition which Ms. Debendictis applied for in Quidnet. The square footage allowed is very generous already and these limits must be maintained. The owner's only reasons for the addition are as follows: 1.She has been to a lot of trouble going to the Con Comm in order to add two more bathrooms and a hot tub and permission to build a temporary driveway down the bank for trucks as there is no access to this beach land. 2. The Seller indicated to her that she could obtain a special permit from the Board Of Appeals. (Ms. Debenedictis stated that she is a Lawyer and was aware of the Bylaws at the t ime she purchased the property 3. The present house no longer suits her needs as her children are of each sex and need separate bedrooms. I voted against the propsal because there is no excuse for the increase in groundcover and intensity which she desires. If you waive the ByLaw to open the door to anything. This land is particularly fragile as it is on the beach of Sesachacha Pond. (Please refer to accompanying drawing of locus). Note also that members of the Planning Board and the Conservation Commission were also opposed. Regular Member Board of Appeals March 3, 1986 I f. f5 -4 AOO U.,O it. I f. Ic IL I f. I El CDP, I i --- A--J I El CDP, I i /II oop 1! Am* 1 M Al i E:l 1*1�41 40+- � --1 • 1 • r • 1 . . . -too, I � � O dOW J a► � M- O v ~ - - -� NINE . • -- • 'M • . -000� 0 T N V 1 . . . -too, I � � O dOW J a► � M- O v ~ a, NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, FEBRUARY 28, 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of DANIELLE E. DEBENEDICTIS (022 -86) seeking a VARIANCE under SECTION 139 -16A (intensity regulations - ground cover) to permit extension of a single - family residence exceeding allowable ground cover by 346.50 SF after merger of LOTS 16 and 17, LAND COURT 8798 -G. The premises are located at 17 SESACHACHA ROAD, QUIDNET, and zoned LUG -III. J L William R. Sherman, Chairman BOARD OF APPEALS AI3 -1 FEE $100.00 Case No.��Ci APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusetts '1'o the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the (ZONING BY- LAW)(BUILDING CODE) on property described below: location of Property —l7 Sesachacha Road - Oilidne —_ Lot No . 16 & 17 on Land Court------ - - - - -- -flan No. 8798 -G District is zoned for LUG III Type of structure (Existing or Proposed) or proposed use: residence )wrie r' s Name Danielle E. DeBenedicti is Owner's Address 251 Old Farm Road, Milton, MA 02186 When did you acquire this property? 1985 iias application been filed at Building Department? No 11as any previous appeal been made? No -- - - - -- - -- section of By -Law or Code from which relief is requested:_139 sect; on if ..Intensity Regulaties - - - - - -- 1,'ea,;L)n for asking relief: Applicant owns two lots in rn,idnet ch together rntaj 11,760 square feet in area. Even combining the lots as one it still is non- conformjDz and therefore Applicant is limited to 1500 square feet of ground cover. Applicant would like to have --a 5$ -squa un cover w ici necessitates a variance from the Board. This proQert is Unite i n rhar ; r ; s subject t ©a hei ght- rPCrY,' �t�_ f0 r__t _ bpnpfif of rhp -p porty j9ehR4--j+—wh! Q t—,the Appl i rant from going addition. Signature of applicant By her Attorney, Richar J. Glidden, Att'y. (1 ) A list of the names and addresses of each abutting cr. -ner and owner abutting the abutters. (2) A check in the amount of $100.00 mace payable to the 'Down of Nantucket.- (3) Four copies of the application and a map or plan shoe,irir the location of the property to be considered. (4 if the applicant is other than the oviner. , ple.asc i nd ic:itc2 your authority to make this application. BOARD'S DECISION Application submitted to Board �10 A d v e r t i s i n ci - dates - --- `-- - - - - -- __ —. - -- iiearinq date (s) Decision of Board Decision filed with the Town Clerk ____� 'Foard of Appeals !-.;" c" pa:-tics in in the rnatter of the petition of: fy the for IV Ci P 2 t-- ej7,r'1"n'^f who -.re 0, ners of lc ;l% butt' -.nd avmers of Land directly .-,ppos;,�� !11�! property on any street or vv-ily, of land within 300 fe,--t of t1he properlty, z,-11 as they appezir on the n-;ost c On t z-pplicable, TAX JiSt. C- t ,- - Town of 'NanWck-o--�-� 7 Danielle E. DeBenedictis 251 Old Farm Road, Milton, MA 02186 Lot 16 & 17, Sesachacha Road, Quidnet LOCUS 21-18 & 21-19 Town of Nantucket 21-11 Nantucket Ornithological Ass'n. Town & County Building P. 0. Box 1323 Nantucket, MA 02554 Nantucket, MA 02554 21-21 Allen E. Norcross -78 Paul E. & Mary E. Gilde'haus 100 Cliff Road 2 Tree Brook Lane Nantucket, MA 02554 St. Louis, MO 63124 -80 James R. & Ruth L. Paiker -22.1 Norcross Sesachacha & Quidnet Trust 24 Sesachacha Road *ffi' c/o Patricia Norcross Nantucket, MA 02554 2 Farmer Street Nantucket, MA 02554 -81.1 Mary J. Cassaday 59. Quidnet Road Ray B. & Margaret Eger Nantucket, MA 02554 P. 0. Box 31 Nantucket, MA 02554 -81.2 David & Brit McCullouch 6303 Ridgeway Road -26 Lewis H. Elverson et al Richmond, VA 23226 39 Quidnet Road Nantucket, MA 02554 -81.3 Dennis & Sally Dinan State Road -23 William & Melinda Gardner Plainfield, NH 03781 5100 Watson Street, N.W. Washington, DC 20016 -83 Leon L. & Elizabeth P. Miller 2 Chelmsford Lane -24 Ralph & Susan Albright Rochester, NY 14618 2450 39th Street, N.W. Washington, DC 20007 -85 Marion L. Follette -86 91 Mill Rock Road -17 Robert P. & Grace E. Desjardin New Haven, CT 06511 250 Old Sudbury Road Sudbury, MA 01776 -87 Charles R. & Susan Rickards 7 Guyenne Ct. -16 Mary McElderry Cassady Wilmington, DE 19807 24 Golf View Drive Englewood, FL 33533 -88 Mary Metcalf 2 Sesachacha Road -12 Walter A. Johnson Nantucket, MA 02554 Quidnet Nantucket, MA 02554 fy the for IV Ci P 2 t-- ej7,r'1"n'^f who -.re 0, ners of lc ;l% butt' -.nd avmers of Land directly .-,ppos;,�� !11�! property on any street or vv-ily, of land within 300 fe,--t of t1he properlty, z,-11 as they appezir on the n-;ost c On t z-pplicable, TAX JiSt. C- t ,- - Town of 'NanWck-o--�-� 7 E W &S AC. z 34 2.41 AC. L. � go NTUCKCT 3.9 AFL THOLOINCAL DWATION Town r the lown and Count,% )f SCHOFIELD BROTHERS, INC. z 'x 0 PROFESSIONAL ENGINEERS • REGISTERED LAND sunnyons &48 FEDERAL ST, NANTUCKET, MASS. z X N-NT CKET 0"F W�z LULEWIELLYN OLEV�Y" a . B 1. - 43, T.. D Massachusetts WA40FWW SCHOnELD A. W 0 "o A. PUTS V) ST9 ro whic SC414 A&L X 4-