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Home My WebLink About057-88.TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June ,71, 1988 Re: Decision in the Application of GLEN MENARD (057 -88) Enclosed is a notice of the 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 cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MAY 20, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following decision upon the Application of GLEN MENARD (057 -88) address, c/o Sherburne, Powers and Needham, 18 Broad Street, Nantucket, 02554. 1. Applicant seeks a SPECIAL PERMIT under zoning By -Law SECTION 139 -33A to raze an existing single- family dwelling and garage and to reconstruct centrally on the lot a new 2 -story single - family dwelling conforming with the allowable ground cover ratio and setback and height limitations. The premises, treated as one lot for zoning purposes, are at 70 BAXTER ROAD, SIASCONSET, Assessor's Parcels 49 -045 and -046, Plan Book 4, Page 46, Lots 50 and 49, respectively, and zoned RESIDENTIAL -2. 2. Our fiindings are based upon the Application papers including plot plan showing existing dwelling and detached garage, and plot plan (our Exhibit "A ") showing the proposed new dwelling, also representations and testimony received at our hearing. 3. According to Applicant's t'f counsel and the first -noted plot plan ' the existing buildings have aiground cover (9.37 % GCR), the dwelling is outside any required setbacks and conforms structurally to zoning, the 15,820 SF lot, however, being under - sized, i.e., less than 20,000 SF, now the required minimum lot size. Except for siting on an undersized lot, the proposed new dwelling with 1935 SF ground cover (12.36% GCR) will likewise conform with zoning. 4. Allowable ground cover for an undersized lot is specified in (057 -88) -2- the first ( *) footnote of Intensity Regulations Section 139 -16A for "lots of record ". Counsel asserts that the premises constitute a lot of record long pre- dating zoning and not held in common ownership with other ad- joining land since the effective date of the 20,000 SF lot size require- ment. Accordingly, allowable ground cover is the greater of 1500 SF and 12.5% of the actual 15,820 SF lot area, or 1978 SF. Ground covers of the existing buildings and of the proposed new dwelling are properly within such limit. 5. Normally, Section 139 -33A does not authorize a Special Permit for razing a non - conforming structure and reconstructin it. However, a statutory exception is included in the text allowing reconstruction of single- family residential structures where the non - conforming nature of the structure is not increased. 6. Accordingly, we find that Applicant's proposed new dwelling is within the Seciton 139 -33A exemption. Based upon the premises being a lot of record, ground cover may be increased up to 12.5 %. The Planning Board's recommendation is favorable. 7. Because there is no increase in the lot -size non - conformity nor increase in non - conforming nature of a single - family residential structure, we are able to find the prerequisites to a Special Permit under Section 139 -33A, should Applicant need such Permit to make the foregoing finding of record in the Registry. The proposed new dwelling is not, for zoning purposes, substantially more detrimental to the neighborhood but in harmony with the general purpose and intent of the zoning By -Law. 8. By UNANIMOUS vote of this Board, the requested SPECIAL PERMIT under SECITON 139 -33A is GRANTED to Applicant to raze the existing buildings and reconstruct the proposed new single - family dwelling with up to 12.5% ground cover ratio, to be sited outside the required setbacks. ((057 -88) Dated: June 3, 1988 Nantucket, MA 02554 -3- William R. Sherman , r- Andrew J. Leddy, Jr. Dorothy D. Vollans NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MAY 20, 1988 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica- tion of GLEN MENARD (057 -88) seeking a SPECIAL PERMIT under SECTION 139 -33A to'- replace a single- story, single - family dwelling with 1,482 SF ground cover on an undersized 15,820 SF lot (9.37% ground cover ratio) with a 2 1/2 -story single - family dwelling having 1,955 SF ground cover for a 12.36% GCR. In this RESIDENTIAL - 2 district, 20,000 SF lot area is required, and-12.5% GCR is allowed. The premises are located at 70 BAXTER ROAD, Assessor's Parcels 49 -045k and 046, Plan Book 4, Page 46, Lots 50 and 49, respectively. 6t�t�dA leAld460 — William R. Sherman, Chairman BOARD OF APPEALS cm 1 -87 APPLICATION— NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") No -� owner's name(s): GLENN MENARD Mailing ,address: c/o SHEnBURNE, POWERS & NEEDHAM,%18 Broad St., Nantucket, MA._, 02554 Applicant's name GLENN MENARD Mailing address: same as above Location of lot(s): Assessor's map and parcel: MAP 49, PARCELS 45 & 46 Street address 70 BAXTER ROAD Registry MAU PL BK & PG, RkXfL 4/46 Lots. -4-9 & 50 Deed ref . 290/142 Subdivision No Endorsed _ /_ /_ ANR? No Date lot(s) acquired: 12/31/ 1987 Zoning district Residence -2 Number of dwelling units on lot(s): one Rental guest Booms none Commercial use on lot(s): none MCD? N.A. Building date(s): all pre -'72 zoning? Yes or Building permit application-Nos. and dates N.A. C of 0? N.A. Case No(s). or dates all prior BOA applications: None State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non - conforming use, or to reverse Building Inspector byyAppeal per -31A & B: Applicant seeks a Special Permit under Section 139 -33A to raze an existing single family dwelling situated on a lot containing 15,820 sq. ft. having • G.C.R. of 9.37% and to construct a single family dwelling thereon having • G.C.R. of 12.5% as allowed by Section 139 -16. Enclosures forming part of this Application: Supplement bo above Site /plot plan(s) X with present /proposed structures X Locus map Floor plans present /proposed Appeal:record' Needed: areas 20,000 frontage N.A setbacks N.A- GCR% N•A• parking data N.. A. Assessor's certified addressee list (4 sets):- 4 • Mailing labeis) (2.,sets), Yes Fee check for $150.00 payable to Town of Nantucket yes !'Cap" covenant No I certify that t e requested information submitted is substantially complete and true-to th est of my k owledge, under pains and penalties.�of perjuryi GLE MENARD, Signature: A Applicant Attorney /agent X ice.. I I . - - 7 t __�Li ..._.w .....�:. .>' BOA Form 1 -87 No., - APPLICATION— NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): GLENN MENARD Mailing address: c/o SHERBURNE, POWERS & NEEDHAM, 18 Broad St., Nantucket, MA., 02554 Applicant's name GLENN MENARD Mailing address: same as above Location of lot(s): Assessor's map and parcel: MAP 49, PARCELS 45 & 46 Street address 70 BAXTER ROAD Registry M, dkhy PL BK & PG, RkxZL 4/46 Lots,, 4.9 & 50 Deed ref. 290/142 Subdivision No Endorsed / / ANR? No Date lot(s) acquired: 12/31/ 1987 Zoning district Residence -2 Number of dwelling units on lot(s): one Rental guest kooms none Commercial use on lot(s): none MCD? N.A. Building date(s): all pre -'72 zoning? Yes or Building permit application-Nos. and dates N.A. C of 0? N.A. Case No(s). or dates all prior BOA applications: None State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non - conforming use, or to reverse Building Inspector by,,Appeal per -31A & B: Applicant seeks a Special Permit under Section 139 -33A to raze an existing single family dwelling situated on a lot containing 15,820 sq. ft. having • G.C.R. of 9.37% and to construct a single family dwelling thereon having • G.C.R. of 12.5% as allowed by Section 139 -16. Enclosures forming part of this Application: Supplement to above Site /plot plan(s) X with present /proposed structures X Locus map Floor plans present /proposed Appeal record' Needed: areas 20,000 frontage N.A setbacks N.A. GCR% N.A. parking data N.A. Assessor's certified addressee list (4 sets) := 4 . Mailing labels) (2.,sets) Yes Fee check for $150.00 payable to Town of Nantucket Yes "Cap" covenant No I certify that the requested information submitted is substantially complete and true to the est o'f my k owledge, under pains and penalties.'of perjury. GLE MENARD�, Signature: Applicant Attorney /Agent x (If not owner, sr Siw asi for tjf ;� _y�to^ apply-,. )YuCnnnciG i r111nTCnn1 Gcninoc