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Home My WebLink About029-86e�'-Q 9— T�� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April 7, 1986 Re: MICHAEL CAIN AND BARBARA CAIN (029 -86) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed eith the Town Clerk. Any appeal from this shall be made pursuant to Section 17 of chapter 40A of the General Laws, and shall be filed within twenty (20) daus after this date. William R. Sherman, Chairman BOARD OF APPEALS BOARD OK APPEALS ` TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, APRIL 43 1986 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of MICHAEL CAIN AND BARBARA CAIN (029 -86)9 address 152 Spruce Street, Burlington, VT, the Board enters the following Decision and makes the following findings: 1. Applicants seek a SPECIAL PERMIT under SECTION 139 -33 to alter and expand their single - family residence and under SECTION 139 -7C to in- stall an accessory (garage) apartment, and, if needed, a VARIANCE from SECTION 139 -16A ground cover requirements, also relief by VARIANCEfrom the building cap requirements of SECTION 139 -27. The premises are located at 45 BAXTER ROAD, SIASCONSET, Assessor's Parcel 49 -13, and zoned RESIDENTIAL -2. 2. Based upon the Application papers, viewing of the premises, testimony and representations, we find that Applicants would construct an 8'x14' one -story addition on their house, linking it with a reconstructed two -story garage proximate Atlantic Street. In the northwest corner of that new structure would be a brick patio and, above it, a second -story deck, not counted as ground cover. Added ground cover is reckoned at 208 SF, to be compared with 1634 SF for the house, 452 SF for the shed, and 1500 SF the total allowable on this undersized (8712, not 20,000 SF) lot. 3. For Applicants, we are told that the garage apartment will have bona fide year -round use and meet all the Section 139 -7C requirements for an accessory apartment. However, the one -car garage does not meet the need for a second space for the apartment and the recently laid out space in the adjacent abutter's way is not legally adequate - see Section 139 -18E. Applicants' counsel rightly noted comparable high- density improvements in the area. 4. Even if variance relief from parking had been sought, the in- crease over allowable ground cover was seen as detrimental in this tightly (029 -86) -2- developed area. As the Planning Board noted in an unfavorable recommenda- tion, the recent change to R -2 zoning was the result of Siasconset voters working to change it to the current density restrictions. Perhaps Appli- cants could have obtained relief when they purchased the premises in 1982 but this is not an equity special to themselves, hence persuasive here. 5. Because of immediate proximity of the garage shed to Atlantic Street, a two -story replacement will have a substantial and detrimental impact on the neighborhood. Only the less affected abutter was understood to have no objection. No justification was offered for waiver of the build- ing cap which specifically applies to garage apartments. Applicants argua- bly could for similar cost add an accessory apartment to their house with single -story two -car garage as a less detrimental alternative. We note a reluctance to deny an accessory apartment, favored in the spirit and purpose of the zoning chapter. 6. The Board, upon motion to grant the requested relief, voted one in favor (member Andrew Leddy) and two opposed. Accordingly, relief is DENIED. Dated: April 7, 1986 Nantucket, MA 02554 �{�, t-�- (� • �` William R. Sherman Andrew J. Leddy, Jr. C. Mars all Beale NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, APRIL 4, 1986 at IZ:06_p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of MICHAEL CAIN AND BARBARA CAIN (029 -86) seeking a SPECIAL PERMIT under Zoning By -Law SECTION 139 -33 (and in the alternative a VARIANCE under SECTION 139 -16A) to expand groundcover of an existing struc- ture, and a SPECIAL PERMIT pursuant to SECTION 139 -7(c) (accessory apartment), and a VARIANCE granting relief from SECTION 139 -27 (building cap). If granted, the Applicants would be allowed to expand a structure by 165 SF and convert the front structure into an accessory apartment by incorporating said structure into the principal dwelling. The premises are located ht 45 BAXTER ROAD, SIASCONSET, ASSESSOR'S MAP 49, PARCEL 13, and zoned RESIDENTIAL -2. Andrew J. Leddy, Jr., A ting Chairman BOARD OF APPEALS AB =1 FEE S100.00 Case No.____ -C 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)(BUILDING CODE) on property described below: Location of Property. 45 Baxter Road _ kimtotiox Assessors Map 49 Parcel 13 :Ac ztgxDboc. _ ^ District is zoned for R -2 Type of structure(Existing or Proposed) or proposed use: Existiniz Owner's Name— Michael Cain F Barbara ain _ _ owner's Address 152 Spruce Street- B rlington. VT ►then did you acquire this property? 1982 Has application been filed at Building Department? N, Has any previous appeal been made ?moo _ln -G�OC cbn Suction of By -Law or Code from which relief is requested: �ecial Permit DUrsuant to Section 139 -33 expand groundcover pre- existing non - conforming structure; Special Permit pursuaIlt.to §139.A (c arr ccQr� ai artmantT varianrr granring rejye_f=_.J 39- zZ.b-uilsiing cap. Eten:,;:n for asking relief: Applicants wish to expand their pre - existing _ non—c conforming structure which _presen ly exceeds allowable ground cover. The proposed expansion is less - than 165 square feet. Such an expansion would have been allowed when purchased . but because of a subsequent change in zoning it is not allowed by right._ Applicants would also like to be able to convert the front structure into an accessory_apartment for year round use. Sig re Arica IEy their At/Eg hey: David J. Moretti ATTACH: ( 1) A list of the names and addresses of ea /Vc /h abutting owner and owner abutting the abutters. (2) A check in the amount of $100.00 made payable to the 'Town of Nantucket. (3) Four copies of the application and a map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner, please indic:.:tu your authority to make this application. BOARD'S DECISIOb: Application submitted to Board Advbrtisinq dates Hearing date(s) Decision of Board Decision filed with the Town Clerk P!. TQ`,'r' CT' r'A ?,:TVCHI�T� loard of Appeals List cf parties in interest in the rnatter of the petition of: L MiEhael CainA- Barbara Cain "�! "`�' .__.1�S.R;�uce Street. Burlin ton VT . .•r, ?�•: �' - z....: ^F9:— �.5.�675�.@T_ Read __-- _.._..------ --- • - - - -- -- __- - -- — -- -- .. LOCUS 49 -13 49 -10 Owen, Wilfred $ Virgina Ahern 4539 32rd N Arlington, VA 22207 -11 Soros, Paul $ Daisy 1102 Oenoke Ridge New Canaan, CT 06840 -14 Bickley, Samuel F. $ Anna C. -59 c/o Bickley, Tanya & Dean 671 West Road New Canaan, CT 06840 -15 Dickinson, Selden Jerome 49 Baxter Road Siasconset, MA 02564 -16 Seholm, Douglas P. Box 204 - Consul Road Galway, NY 12074 -S7 Herbert, William P. $ Mary Dickinson 415 St. Clair Grosse Pointe, MI 48230 -58 Benchley, Robert III -58.3 55 Baxter Road Siasconset, MA 02564 -60 (Applicants) -58.1 Benchley, Elizabeth Darling -58.2 4600 N. Morris Blvd. Sherwood, WI 53211 -61 Moffett, James S. & Donald R. -62 Apt. 4 -C 49 -63 Gildehaus, Mary Franco, Trustee P. 0. Box 602 1 Siasconset, MA 02564 -64 Sullivan, Robert L. $ lrllizabeth H. 10805 South Glen Road Potomac, MD 20854 i -65 Moffett, Mary Warren 4 -69 5000 North Marine Drive Chicago, IL 60640 49.2.3 -3 Goetcheus, Janice B. Middlesex Tpke. Essex, CT 06426 -4 Owen, Wilfred fi Virginia Ahern 4539 32rd N. Arlington, VA 22207 i 225 E. 5 Street New York, NY 10003 Ce: i!!)' the fl!!'C 1OIC; f iS a 1131 Of pers(;C16 'rl110 :11 -C U:Y ri Ci 'r oI lalld Si)U tt t!: �� !`1 �` cr:� a;ld 0 -ners of l::nd directly oppos"'2 the property on any Street or w:iy, ::! ov:rers of land within 300 feet of the property, all as they appear on the rr:ost ..CC -t applicable TAX list. c _ , ssessor - -._ Town of ,lantucket JTI7ij J of 30 too IoI of $a 39 roa N ApA led, 41 t - 004 lea 2aqt2x" 42 Zl too E AFf 4 27 4" S R LANE ;.-w 24•/ at at I Ac.. a f. z or lea 1. 3 K. 47 9 44.7 A& In 4 so- 49 It . to 1`140"Icrom *pr WN Tom or maNnow A MAN no I. AC, 51 TIC W4 t23 'to f.9 its 114 92 a, .12 at 53 to o CA .$as f A S AO. pas 5• WAY 3.1 he 4 IIJAI. of 2.17 0 Ac. 3.2 AC. gg 3? IL 144 2 Ac. A. a Ac. so -.0 Ac. A 1. 1 K. to ,ANNE'S LANE 14 69 so 71 to 40 a 70 a? .AAC. 0. FREDERICK fto 71 06 72 at r LANE tn.c4 X; 65 't&l 14 73 64 a to r 49.2.3 'he Town all(I (..0 1111t%. ()f 90 000. BROTHERS, INC. 4-==). L Dzo 49 AN TUCK:E PROFESSIONAL , . T "a"Me"S ft"ISTCAPIED 142 rEOCIRAL ST, MAnTUCRZT• LAND SUMVMS SPIEET INNS MASS. 0 e t ts z U�) 129 $ 7 2. w JTI7ij J T i i f c•r i �T Z MASS. C.00RD SYSjEN�, ISMuD zov� � z AT'-ANTIC- A T ➢� -- - - - -__ __� - -- ----- - - - - -- � i s GTREF-T ---- _-�_s_ F-VGIV-f. Tom_ 1-4 0 (r4p_31E -+ -- - I - - - - -- , �F r, r c w ~533 S iq 59_gzw OF I'm�-A a oL i ZA 0 J NANTLjCKF r } L �K J&A C� s c zo ° z r 0 S iq 59_gzw OF I'm�-A a oL i ZA 0 J NANTLjCKF r } L �K J&A