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Home My WebLink About020-90M o�U r O Form 3 -89 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April /0 , 19 90 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. 020_ 90 of• • KARL KELLER, ELISE C. KELLER AND WT_LLIAM G. KELLER, JR. TRUSTEES OF SAFE HARBOR -170MINEE 'I HUST Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the decision must be brought by filing a complaint in court within twenty (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the decision must be given to the Town Clerk so as to be received within such twenty (20) days. r Will - -aim R. S hermZi arm cc: Town Clerk Planning Board Building Commissioner TOWN OF NANTUCKET ZONING BOARD OF APPEALS Nantucket, Mass. 02554 At a public meeting on Friday, March 30, 1990, at 1:00 P.M. in the Town and County Building, Nantucket, on the Application (020 -90) of KARL KELLER, ELISE C. KELLER and WILLIAM G. KELLER, JR., TRUSTEES OF SAFE HARBOR NOMINEE TRUST, the Nantucket Zoning Board of Appeals made the following DECISION: 1. The Applicants are seeking a variance under Section 139 -16A (Intensity Regulations - Ground Cover Ratio) to enable them to retain a shed with a ground cover of 204 square feet after construction of a 339 square foot addition to a house on the property. The area is zoned LUG -3, with a maximum allowable ground cover ratio of 3.00 %, the prexisting ground cover, without the addition, was 2.93 %; with the addition and the shed retained, the ground cover would be 3.13 %; with the addition, but without the shed, the ground cover would be under 3.00 %. The property is located at 256 Polpis Roadc Assessor's Parcel 25 -025, LC Plan 13443 -F, Lot 2. 2. The Historic District Commission has approved the demolition of the shed but has indicated that it would prefer to have the shed retained as it is a visually and historically significant structure. It is well over 60 years old, and it is clearly visible from the harbor. 3. The Applicant agreed that, if the variance were granted, the shed would not be used for storage or habitation. The Applicant also agreed that there would be no further additions to any structure on the property without returning to the Board for permission, which could be reviewed under the same standards which the Board could apply if the property were in compl =ance with the applicable ground cover limitations. 4. By a 2 -3 vote, member Waine and Sherman in favor, members Williams, Balas and Leichter opposed, the relief requested was DENIED. The member of the Board opposed to the granting of the relief reasoned that the Applicant had not established sufficient basis for the granting of the variance in that the property could, remain in compliance with the ground cover limitations under the demolition permit granted by the Historical District Commission, within whose authority would fall the determination of the desirability of retention of the shed for historic and /or aesthetic reasons. There is clearly nothing relating to the physical characteristics of the property, such a3 soil conditions, lot shape or topography which distinguish this lot from others and necessitate the allowance of extra ground cover. Dated: April /6, 1990. Linda F. William William R. Sherman �, . bert" J . Le chter I Dale W. Waine ON qo �I� Ann Balas NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 March 13, 1990 NOTICE A public hearing of the Board of Appeals will be held on Friday, March 30, 1990, at 1:00 p.m. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of: KARL KELLER, ELISE C. KELLER and WILLIAM G. KELLER, JR., TRUSTEES of SAFE HARBOR NOMINEE TRUST Board of Appeals File No. OW-90 seeking a Variance from the 3% maximum ground cover ratio allowed by Section 139 -16A for their 3.59 -acre lot to enable them to retain a 204 -SF shed, said to have historic significance, with completion of a 339 -SF addition to the existing dwelling. GCR would be increased from the present 2.93% to 3.13 %. The premises are at 256 Polpis Road, Assessor's Parcel 25 -025, Lot 2 of Land Court Plan 13443 -F, and zoned Limited Use General -3. William R. Sherman, Chairman BOA Form 1 -II9 NANTUCKET ANDNCOUNTYBOARD PEALS BUILDING Date NANTUCKET, MA 02554 CASE NO.r)M-(?(", APPLICATION FOR RELIEF Karl Keller, Elise C. Keller and William G. Keller, Jr., Trustees owner's name(s): Of Safe HarbQr c/o Reade & Alger Professional Corporation, 6 Young's Way, Mailing address: Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number 9 - ms Street address: Registry Land Ct Plan, Plan Bk & Pg or Plan File 13443 -F Lot certificate of Title 14294 Date lot acquired: 1? f2�8? Deed Ref _,_ Zoning district LUG -3 Uses on lot - commercial: None X or MCD ?- - number of: dwellings I duplex_ apartments_ rental rooms — Building date(s): all pre -8/72? x or C of O ?_ Building Permit appl'n. Nos. 6486 88 7133 8� ��g -89 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 you urge for BOA to make each finding per Section 139 -32A x if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a noncont.orming use). If appeal per 139 -3 JA s B _ attach decision or order appealed. OK to attach addendum[. Applicant requests a variance fran By -law Section 139 -16.A (Intensity pr Cover Cover Patio), to enable retention of a shed with ground cover of 204 s (7ua.re feet res-'11 .nr in ground cover ratio of 3.13% after construction of a 339 square -fmt ki_tc:i_ additin Allavable ground cover is 3.0 %; present ground cover is 2.93°. The Historic District Co mission has approved demolition of the shed, which would result in conformity, but strongly prefers its preservation in order to retain it as a visually and historically significant structure. Items enclosed as part of this Application: orders addendum2 Locus map X Site planes showing present +planned structures Floor plans present proposed— elevations (HDC approved ?_) Listings lot area frontage setbagks_� GCR� parking data aaddressee 1st 4 setsx mailing labels 2 sets ca' cvenant 1(If aneappeal, ask Town clerkntocsend BBldgocomr's,recordoto 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 p j�urry. SIGNATURE: Applicant — Attorney /agent X 3(Tf not owner or owner's attorney, enclose proof of authority) FOR BOA OFFICE USE s ree d: 4 or for BOA onj 9 by Application copse _ � �� u <�/``AL- omplete? One copy filed with Town Clerk on /_ Y UO One copy each to Planning Bd and Building Dept�/bY ��bk� waived? $200 fee check given Town Treasurer o — Hearing notice posted -/ jiomailed -3/,/�I & MS 14-! /) d Hearing(s) on //_ cont'd to / /_, / /._ withdrawn ?_/_-J_ Decision due by //_ made/ _/_ filed TC_/,_/_ mailed //_ /� See related cases lawsuits `D other (J A l 1 1 A 1 s.. 1_ 1 A. I QA h "i- -,r, P (Iw