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HomeMy WebLinkAbout063-89f VV o(o 3 - 2�7 BOARD OF APPEALS OF NANTUCKET - TOWN OF NANTUCKET NANTUCKET, MA 02554 File No. Map Parcel O ]N RE: THE APPLICATION OF ******************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Upon the request of the Applicant(s) made prior to (check one) after publication of notice of a public hearing on the above captioned application, we acknowledge as a matter of right and without prejudice (check one) approve without prejudice approve, but with -prejudice the withdrawl in f ull of the said application. (check one) of so much of the said application as Dated ems- l Pi lit � VD NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 November 22, 1989 NOTICE A public hearing of the Board of Appeals will be held on Friday, December 8, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application of: PIERRE P. GARNEAU Board of Appeals File No. 063 -89 seeking a Variance from the maximum ground cover ( "GC") allowed by Section 139 -16A to construct a garage (GC = 480 SF) attached to his existing single - family dwelling (GC = 1200 SF) with "accessory living space" above the garage. Allowable GC ratio in this Limited Use General -3 zone is 3% of the 33,105 -SF (undersized) lot area but 1500 SF is said to be the allowable GC. Relief for the proposed 180 -SF excess is asked. The premises are at 18 Sasapana Road, Assessor's Parcel 68 -094, Lot 13 of Land Court Plan 14664 -C. _ v � William R. Sherman, Chairman BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, NA 02554 APPLICATION FOR RELIEF Owner's name(s): PIERRE P. GARNEAU Mailing address: Applicant's name: Mailing address: November 14, 1989 �1Date CASE No. 18 Sasapana Road, Nantucket, Massachusetts 02554 Same Same Location of lot: Assessor's map and parcel number 68 - 094 Street address: 18 Sasapana Road Registry Land Ct Plan, Plan Bk & Pg or Plan File 14664 -C Lot 13 bn,c, Date lot acquired: L(21 Deed �Rtef 33;)Z`f Zoning district LUG -3 C'C . ft IfT16i Uses on lot - commercial: None or MCD? - number of: dwellings 1 duplex_ apartments_ rental rooms_ Building date(s): all pre -8/72? no or �Q'� a C of O? Building Permit appl'n. Nos. 538-8-7 (_ Case Nos. all BoA applications, lawsuits: State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds xoU urge for BoA to make each finding per Section 139 -32A XX if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3�A & B , attach decision or order appealed. OK to attach addendum . The applicant seeks a Variance from the 1,500 square feet maximum ground cover requirement in the LUG -3 zoning district to enable the construction of an attached garage to his existing principal residence. For a more particular statement of Applicant's request for relief, see Exhibit "A" annexed hereto. Items enclosed as part of this Application: orderl addendum2 Locus map_X Site plan showing present +planned structures Floor plans present proposed_ elevations (11DC approved? J ) Listings lot area �rontage� setbacks X GCR� parking data r- Assessor- certified addressee list 4 sets mailing labels 2 sets $200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) I certify that the requested information submitted is substantially complete and true to the be of my knowledge, under the pains and penalties of perjur (/, SIGNATURE: �� 7i ""'-Applicant Attorney /agent XX Pierre/P. Garn au, b his Attorne Kevin F. Dale 3(If not owner or owner's attorney, enyC�ose prooY of authority) FOR Bo OFFICE USE Application copies recd: 4 for BoA on //1, by rze One copy filed with Town Clerk on/� by � complete? v One copy each to Planning 13d and Building Dept_LL/ by $200 fee check given Town Treasurer on/1 1(714 by waived? Hearing notice posted�� A/ Z61 I & MAI2z Hearing(s) on__J_/_ cont'd to_/_/_, _/_/_ withdrawn ?__/_j__ Decision due by_/_/_ made---,/__J_ filed TC_/_J_ mailedi_/_ See related cases lawsuits other U/^�IV^' -- i EXHIBIT "A" The Applicant, Pierre P. Garneau, owns a single- family principal residence located at 18 Sasapana Road, Nantucket, Massachusetts 02554. The lot contains approximately 33,105 square feet and is located in the Limited Use General -3 zoning district. The lot is a pre- existing, non - conforming lot of record which was transferred into separate ownership prior to the expiration of the "zoning freeze" provision set forth in Section 139 -33(g) of the Nantucket Zoning By -Law. The structure existing on the lot has a ground cover of 1,200-square feet. The allowable ground cover is 1,500 square feet. The lot has frontage of 90 feet along Sasapana Road and complies with the front, side and rear yard setback requirements for lots of record in the Limited Use General -3 zoning district. The Applicant seeks a variance from the Board of Appeals to allow the construction of an attached garage with accessory living space above the garage. The proposed garage would have a ground cover of 480 square feet. The new ground cover for the house and proposed garage would be 1,680 square feet and would exceed the 1,500 square feet ground cover maximum allowed in the LUG -3 zoning district by 180 square feet. As grounds for the variance, the Applicant states that the particular topography of his lot is unique in the Limited Use General -3 zoning district Page One and a literal enforcement of the maximum ground cover requirements for lots of record would involve a substantial hardship to the Applicant. Further, the requested variance relief may be granted without substantial detriment to the public good and without nullifying the intent and purpose of the Zoning By -Law. Specifically, the Applicant's lot slopes dramatically to the rear. In addition, the Applicant currently suffers a hardship based upon his inability to park his vehicles in the garage and needs additional living space. The proposed garage construction is modest and necessary for the Applicant. Other owners in the Sasapana Road neighborhood have houses with attached garages which exceed the 1,680 ground cover which the Applicant proposes to build and by granting the requested relief, this Board would not permit construction on the Applicants lot which would be disharmonious with the other structures in the neighborhood. The proposed new construction would comply with the front, rear, and side line setback requirements for lots or record in this zoning district and the Applicant's proposed constuction plans have been approved by the Historic District Commission. Page Two EDWARD FOLEY VAUGHAN KEVIN F. DALE MELISSA D. PHILBRICK RACHEL C.HOBART VAUGHAN, DALE AND PHILBRICK ATTORNEYS AT LAW WHALER'S LANE NANTUCKET, MASS 02354 TE0508) 228-4455 FAX:(508) 228 -3070 November 14, 1989 HAND DELIVERY Mr. William Sherman, Chairman Nantucket Zoning Board of Appeals Chestnut Street Nantucket, Massachusetts 02554 RE: Pierre Garneau Variance Application 18 Sasapana Road Nantucket, Massachusetts 02554' Dear Mr. Sherman: Enclosed herewith for filing on behalf of my client, Pierre P. Garneau, is an application for variance relief, $200.00 filing fee check, abutters list, mailing labels, and plans for a proposed garage. Please place this on the agenda for the December 8, 1989 meeting. Please call if you have any questions or concerns. KFD /bar Enc. cc: Mr. Pie= Nantucket Nantucket Nantucket Nantucket a Garneau Town Clerk Planning Board Board of Health Building Inspector Sincerely, MM 'd I �° o ru } .o "© k _ A \ At Ln J- . � 4 0 � 0 r @ � � 0 I \ §ƒ mm mm ei s c 0 x » CXO 2 � \§ m .7q � a £ z �m)o � ).7 � ■ n A } � { A) i (0 w BoA Form 1 -89 N BOARD OF PEALS BUILDING NANTUCKET, MA 02554 APPLICATION FOR RELIEF Owner's name(s): PIERRE P. GARNEAU \ Mailing address: November 14, 1989 Date CASE No._- 18 Sasapana Road, Nantucket, Massachusetts 02554 — Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number 68 - Street address: 18 Sasapana Road 094 Registry Land Ct Plan, Plan Bk & Pg or clan File 14664 -C Lot 13 Date lot acquired �QJ� Deed Ref 33;f Z`� Zoning district LUG -3 Uses on lot - commercial: None _ or MCD ?__ - number of: dwellings 1 duplex_ apartments_ rental rooms__ Building date(s) : all pre - 8/72? no or Iq88 3 C of O? Building Permit appl' n. Nos. 53 �58 - 8- Case Nos. all BoA applications, lawsuits: State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds Xo0 urge for BoA to make each finding per Section 139 -32A XX if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3�A -&—B , attach decision or order appealed. OK to attach addendum . The applicant seeks a Variance from the 1,500 square feet maximum ground cover requirement in the LUG -3 zoning district to enable the construction of an attached garage to his existing principal residence. For a more particular statement of Applicant's request for relief, see Exhibit "A" annexed hereto. Items enclosed as part of this Application: orderl addendumz____ Locus map_X Site plan_X showing present +planned structures Floor plans present proposed elevations (11DC approved ?�) Listings lot area�rontagesetbacks)(— GCR parking data __ Assessor- certified addressee list 4 sets Y, ling labels 2 sets__ 200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjur� % SIGNATURE: `� A-1 pplicant " Attorney /agent XX Pierr P. Garn au, b his Attorney Kevin F. ale 3(If not owner or owner's attorney, enclose proo of authority) FOR BoA OFFICE USE Application copies reed: 4_ or for BoA on_ /_/_ by __ One copy filed with Town Clerk on_J _J_ by complete?--- One copy each to Planning Bd and Building Dept_ /_ /_ by ._ __ $200 fee check given Town Treasurer one_/_ by waived ?__ hearing notice posted__J__/_ mailed__/__/_ I & M--/--/_, llearing(s) on _j__/_ cont'd to_/_/_, ��_ withdrawn ?_ /_j_ Decision due bye_/_ made_-,/_/_ filed TC_/__J_ mailed__J__J_ See related cases lawsuits_ — other ____ _ EXHIBIT "A" The Applicant, Pierre P. Garneau, owns a single - family principal residence located at 18 Sasapana Road, Nantucket, Massachusetts 02554. The lot contains approximately 33,105 square feet and is located in the Limited Use General -3 zoning district. The lot is a pre- existing, non - conforming lot of record which was transferred into separate ownership prior to the expiration of the "zoning freeze" provision set forth in Section 139 -33(g) of the Nantucket Zoning By -Law. The structure existing on the lot has a ground cover of 1,200-square feet. The allowable ground cover is 1,500 square feet. The lot has frontage of 90 feet along Sasapana Road and complies with the front, side and rear yard setback requirements for lots of record in the Limited Use General -3 zoning district. The Applicant seeks a variance from the Board of Appeals to allow the construction of an attached garage with accessory living space above the garage. The proposed garage would have a ground cover of 480 square feet. The new ground cover for the house and proposed garage would be 1,680 square feet and would exceed the 1,500 square feet ground cover maximum allowed in the LUG -3 zoning district by 180 square feet. As grounds for the variance, the Applicant states that the particular topography of his lot is unique in the Limited Use General -3 zoning district Page One and a literal enforcement of the maximum ground cover requirements for lots of record would involve a substantial hardship to the Applicant. Further, the requested variance relief may be granted without substantial detriment to the public good and without nullifying the intent and purpose of the Zoning By -Law. Specifically, the Applicant's lot slopes dramatically to the rear. In addition, the Applicant currently suffers a hardship based upon his inability to park his vehicles in the garage and needs additional living space. The proposed garage construction is modest and necessary for the Applicant. Other owners in the Sasapana Road neighborhood have houses with attached garages which exceed the 1,680 ground cover which the Applicant proposes to build and by granting the requested relief, this Board would not permit construction on the Applicants lot which would be disharmonious with the other structures in the neighborhood. The proposed new construction would comply with the front, rear, and side line setback requirements for lots or record in this zoning district and the Applicant's proposed constuction plans have been approved by the Historic District Commission. Page Two