HomeMy WebLinkAbout059-91en
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: October L& , 19 91
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Aoolication No..
Owner /Applicant:
059 -91
ANDREW S. BARADA, III AND RITA BARADA
Enclosed is the Decision of the BOARD Or APPEALS which has
this day been filed in the office of the Nantucket Town
C_�rk.
An ooeal from this Decision may be taken pursuant to
Section 17 of Chaoter -^_OA, Xa55achusetts General Laws.
T r v tr; D b by
_._.J �_on ap- ealing _ e -vision mnust e
f_ii.ig an ccxiplaint _n co'...t witrn Ti'; EN, TY l -v% ..4YS
this day's days date. Notice of the action with a copy of the
co ^plaint and certlfleu copy of -he Decision I'tlSt .^.e given
t0 Fe _ it tl Clerk So .5 to ' receil'ed idit :in SuC
([:0) days.
cc: Town Clerk
Planning Board
Building Commissioner
ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Mass. 02554
Map 86 -0 -0 41 West Miacomet Road
Parcel 13.1 9,222
MMD
At a Public Hearin,
P.M., Friday, September
Building, Broad Street,
Application (059 -91) of
of 87 Juniper Road, New
following DECISION:
of the BOARD OF APPEALS held at 1:00
13, 1991, in the Town and County
Nantucket, Massachusetts, on the
ANDREW S. BARADA, III, and RITA BARADA,
Canaan, Conn., the Board made the
1. Applicants are seeking a determination that no relief is
required to allow expansion of a single family residence said to
be pre- existing and nonconforming as to lot area, frontage, and
ground cover, by construction of an addition and removal of an
existing shed, which will result in an increase in ground cover
of less than 93 S.F., and which will bring the total ground cover
to not more than 1,500 S.F. In the alternative, the Applicant
seeks a finding from the Board that the proposed addition will
not be substantially more detrimental to the neighborhood than
the existing structure, or, in the alternative, a Special Permit
under §139 -33A to alter or extend a structure said to be pre-
existing and nonconforming. The premises are located at 41 WEST
MIACOMET ROAD, Assessor's Map 86, parcel 13.1, as shown on Land
Court Plan 17,368 -K, Lot 30. The property is zoned MMD.
2. Our Decision is based on the Application and materials
submitted therewith, the testimony and evidence presented at the
hearing, plans of existing and proposed structures, one (1)
letter in support of the Application from a neighbor, and a
favorable recommendation from the Planning Board for relief under
§139 -33A, but subject to its approval under §139 -13 and with
possible conditions to be imposed to address the concerns of that
section.
3. Applicant stated that the lot contains 127,878± S.F., with
278± feet of frontage and a ground cover ratio for existing
structures of 1.10, and has been in separate ownership since at
least 1980, and the house currently on the property was
constructed in 1979 -80, and a Certificate of Occupancy was issued
in 1980, No. 1294 -80, which means that the lot and structure
pre -date the April 3, 1984, adoption of theMoorlands Management
District zoning, requiring a minimum of 10 acres, with 300 feet
of frontage and a maximum ground cover ratio of 0.5 %, and, to the
extent the lot and structure do not comply with the requirements
of that district, as to lot area, frontage, and ground cover, it
is pre- existing and nonconforming.
4. This Board has jurisdiction over the proposed alterations
Application No. 059 -91 Decision
because §139- 13C(1) and (2) specify the limits of Planning Board
authority as Special Permit granting authority for the Moorlands
Management District, and, by so specifying must be interpreted to
exclude other Special Permit jurisdiction for the Planning Board,
which leaves the Permit granting and Special Permit granting
authority for pre- existing nonconforming uses and structures to
this Board under §139 -30A.
5. While authority for granting relief in this matter is left
to this board, the Board is mindful of the intention of §139 -13
to have the Planning Board as the Special Permit granting
authority for the district and notes that site plan approval will
be required from the Planning Board under §139 -13D.
6. As the Board decided in Preston, No. 057 -91, a pre- existing,
nonconforming single or two - family residential building on a lot
nonconforming as to lot area is governed by the ground cover
limitations of §139- 33E(3), which would allow 1,500 S.F. or the
ground cover ratio in the district, whichever is greater, to this
lot because the lot area exceeds 5,000 S.F., under §139 -
33E(3) (b) .
7. Applicant stated to the Board that the plans submitted in
support of this Application had been approved by the HDC, and
that no change in the height of the structure had been proposed.
8. By unanimous vote, the Board GRANTS the requested relief and
determines that no relief is required to allow expansion of a
single family residence pre- existing and nonconforming as to lot
area, frontage, and ground cover, by construction of an addition
and removal of an existing shed, which will result in an increase
in ground cover of less than 93 S.F., and which will bring the
total ground cover to not more than 1,500 S.F. In the
alternative, the Board finds that the proposed addition will not
be substantially more detrimental to the neighborhood than the
existing structure, and, in the alternative, GRANTS a Special
Permit under §139 -33A to alter or extend the structure
substantially in conformity with the plans submitted with this
Application and approved by the HDC, subject to the following
conditions:
A. Prior to obtaining the Building Permit, Applicants shall
submit plans to the Planning Board in complia ce with the
conditions specified in §139 -13D o be appr ed by that
Board as provided in that secti l _
OW
Robert
2
Application No. 059 -91
da F. Willlams (�
Dale Waine
/MA
:.
Peter Dooley
Decision
Ia. edy-4f_ /6, /1�/
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held at
1:00 P.M., Friday, September 13, 1991, in the Town and County
Building, Broad Street, Nantucket, on the Application of:
ANDREW S. BARADA, III., AND RITA BARADA
Board of Appeals File No. 059 -91
Applicant is seeking a determination that no relief is
required to allow expansion of a single family residence said to
be pre- existing and non - conforming as to lot area, frontage, and
ground cover, by construction of an addition and removal of an
existing shed, which will result in an increase in ground cover
of less than 93 SF, and which will bring the total ground cover
to not more than 1,500 SF on a lot that contains 127,878 SF of
area. In the alternative, the Applicants seek a finding from the
Board that the proposed addition will not be substantially more
detrimental to the neighborhood than the existing structure, or,
in the alternative, a Special Permit under Section 139 -33A to
alter or expand a structure said to be pre- existing and
non - conforming.
The premises are located at 41 WEST MIACOMET ROAD,
Assessor's Map 86, Parcel 13.1, as shown on Land Court Plan
17,368 -K, Lot 30. The property is in the MOORLANDS MANAGEMENT
ZONING DISTRICT.
R Bert J. Le ht r, Chairman
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS August 21, 1991
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554
CASE NoOL3-3j
APPLICATION FOR RELIEF
Andrew S. Barada III and Rita Barada
Owner's name(s):
Mailing address.. 87 Juniper Road, New Canaan, CT
Applicant's name • Same
Mailing address: Same
Location of lot: Assessor's map and parcel number 86 _ 13.1
Street address: 41 west Miacomet Road
Registry Land Ct Plan, Plan Bk & Pg or Plan File 17368 -K Lot 30
Cert. of Title 9222
Date lot acquired: �_/ 80 Deed Ref _,_ Zonipg district MNID
Uses on lot - commercial: None or MCD?
- number of: dwellings 1 duplex_ apartments_ rental rooms_
Building date(s) : all pre -8/72? no or (Pre -1981) C of 0? yes 1294 -80
Building Permit appl'n. Nos. 1294 -79
Case Nos. all BoA applications, lawsuits: none
State fully all zonincr 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 if Variance, 139 -30A if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -3JA
& B _ , attach decision or order appealed. OK to attach addendum .
t! The applicants seek a Special Permit pursuant to Section 139- 13(C)(1) to
expand the ground cover of the existing single - family dwelling on the property
from 1,407 square feet to allowable ground cover not in excess of 1,500 square
feet. See Addendum "A" annexed hereto.
Items encloseq as part of this Application: orderl ad endum2 W✓
Locus map Site plan showing present +pl nned�"structures
Floor plans present proposed ,/ elevations V (HDC approved?-J)
Listings lot area _�ffrontage s setbacks/ GCR parking data
Assessor - certified addressee list 4 set =na�ling labels 2 sets
200 fee payable to Town of Nantucket proof 'cap' covenant
(If an appeal, ask Town Clerk to sen Bldg Comr ss record to BoA)
I certify that the requested information submitted is substantially
complete and true to the bes of my knowledge, under the pains and
penalties of perjury.
Andrew S. ada a Rit Barada �'
SIGNATURE: BY: icant Attorney /ate
Kevin F Dale, 4ttornkq for Barada
3(If not owner or owner's attorney, enclose proof of authority)
FOR B A OFFICE USE
Application copies rec d:
FOR
for BoA on
One copy filed with Town Clerk-on' /byw complete?
One copy each to Planning IId and Building Dept_ -/ \by%F(�(�
$200 fee check given Town Treasurer one / bxf hf� waived? r
Hearing notice posted Y/ w mailed��( I & M- - rI, � ` /
Hearing(s) on_/_/_ cont'd to_/_/_, _/_/_ withdrawn ? _/_/_
Decision due by_/_/_ made_/_ filed TC_/_/_ mailed _/_/_
1.
See related cases lawsuits other
iPa�o „�'d �l�.v. �9, /99/ Aso �
ADDENDUM "A"
The Applicants, Andrew S. Barada III and Rita Barada, seek a
Special Permit pursuant to Section 139- 13(C)(1) of the By -Law to
increase the ground cover of their single - family dwelling at 41
West Miacomet Road from 1,407 square feet to an allowable ground
cover of not more than 1,500 square feet. The property is
located in the Moorlands Management zoning District. The house
on the property was constructed in 1979 -1980 as evidenced by
Certificate of Occupancy No. 1294 -80 and predates the effective
date of the MMD zoning amendment, April 3, 1984. The applicants
propose to remove the existing shed on the premises.
The property is a pre- existing, non - conforming lot of record
which has been held in separate ownership from a time prior to
the effective date of the MMD zoning amendment. The lot
contains approximately 127,878 square feet and is non - conforming
as to area and frontage. The proposed modest expansion of the
dwelling will minimize potentially adverse effects on the
moorlands environment and its scenic integrity and will not be
substantially more detrimental to the neighborhood than the
existing dwelling.
N
A-
BoA.
NANTUCKET ZONING BOARD OF APPEALS
TOWN- 2ND counTY Buiwn G
.�.. NANTUCKETr Ma 02559
.ASSESSORI-8 LIST OF PARTIES IN INTEREST
PROPERTY- ;.OWNER.:
APPLICANT -FOR RELIEF
ADDRESS•. OF . PROPERTY:
ASSESSOR'S. MAP - PAR,
Is, T'
2 -89
(SAME-'.) -
�� Utley
EL: •,��- DI�J�
LIST'OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED
I' certify -that the,* foregoing (or the attached lists
-all persons;;:'. °natural or legal, who are owners of abutting
property"- owners.'Of land directly opposite on any public
or private'street or way; and abutters of the abutters and
all other' Band owners within three 13Chdred feet of the
property 'jine':of Owner's property, as.they (and their
address) appear ; on -the most recent applicable tax list
(per:M..G'.L.;•c':4:0A, Section 11 and zoning Code Chapter 139,
Section' 139- 29D.(2) J .
Date A.'�ssegsor, To of Nantucket
" the lot
*NOTE: Applicant '(petitioner) '-should include with
for .which zoning relief is- - soucght, any commonly -owned
abutting lots. which might.�.'become involved in the zoning
matter. List map and parcels for each abutter.
EDWARD FOLEY VAUGHAN
KEviN F. DALE
MELISSA D. PHmBRICK
RAcHu G.HOBART
SUSAN JONES TONER
VAUGHAN, DALE AND Aina Icg
ATTORNEYS AT LAw
P.O. BO% 659' � q
WHALER'S LANE
NANTUCKET, MASS 02554
M(5081228-4455
,FAX: (508) 228.3070
August 21, 1991
HAND DELIVERY
Robert Leichter, Chairman
Nantucket Board of Appeals
South Beach Street
Nantucket, Massachusetts 02554
RE: Barada Special Permit Application
Dear Chairman Leichter:
Enclosed herewith for filing on behalf of my clients, Mr.
and Mrs. Andrew S. Barada III, are four (4) Application for
Special Permit relief pursuant to Section 139- 13(C)(1) of the
By -Law to allow a modest expansion of the existing house owned
by my clients from 1,407 square feet of ground cover to ground
cover not to exceed 1,500 square feet. The property is located
in the Moorlands Management District.
I also enclose copies of supporting plans, Certificate of
Occupancy, Abutters Lists, mailing labels and my check in the
sum of $200.00 made payable to "Town of Nantucket."
Please mark this matter for hearing at the September 13,
1991 meeting of the Board of Appeals and call me if you have any
questions or concerns.
Sincerely,
KFD /bar
Enc.
cc: Mr. and Mrs. Andrew S. B rada III
Mr. Milton C. Rowland
Nantucket Town Clerk
Nantucket Building Inspector
Nantucket Planning Board
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BoA Form 1 -89
Owner's name(s):
Mailing address:
Applicant's name:
Mailing address:
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
Andrew S. Barada III and Rita Barada
87 Juniper Road, New Canaan, CT
Same
August 21, 1991
Date
CASE No. -
Location of lot: Assessor's map and parcel number 86 _
Street address: 41 West Miacomet Road
13.1
Registry Land Ct Plan, Plan Bk & Pg or Plan File 17368 -K Lot 30
Date lot acquired: �_/ 80 Cert. of Title 9222 Deed Ref _,_ Zoniog district mmD
Uses on lot - commercial: None or MCD?
- number of: dwellings 1 duplex_ apartments_ rental rooms_
Building date(s) : all pre -8/72? no or (Pre -1981) C of O? yes 1294 -80
Building Permit appl'n. Nos. 1294 -79
Case Nos. all BoA applications, lawsuits: none
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 if Variance, 139 -30A if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -31A
& B _ , attach decision or order appealed. OK to attach addendum .
The applicants seek a Special Permit pursuant to Section 139- 13(C)(1) to
expand the ground cover of the existing single - family dwelling on the property
from 1,407 square feet to allowable ground cover not in excess of 1,500 square
feet. See Addendum "A" annexed hereto.
Items enclose as part of this Application: orderl ad endum2 4/
Locus map Site plan showing resent +pl nnedstructures
Floor plans present proposed elevations V (HDC approved?
.1)
Listings lot area �f�rontage setbacks/ GCR _/parking data4
Assessor - certified addressee List 4 sets
- ma�ling labels 2 sets -
200 fee payable to Town of Nantucket proof 'cap' covenant
(If an appeal, ask Town Clerk to send Bldg Comr ss record to BoA.)
I certify that the requested information submitted is substantially
complete and true to the bes of my knowledge, under the pains and
penalties of perjury.
Andrew S. ada a Rit Barada
SIGNATURE: BY icant Attorney /aqsfrt
Kevin F Dale, 4tto -for Barada
3(If not owner or owner's attorney, enclose proof of authority)
FOR BoA OFFICE USE
Application copies reed: 4_ or for BoA on /_/_ by
One copy filed with Town Clerk- 'on_ /_/_ by complete ?_
One copy each to Planning Bd and Building Dept_ /_/_ by
$200 fee check given Town Treasurer on_J_/_ by waived ?_
Hearing notice posted_/_ mailed _/_ I &Mme_/_,
Hearing (s) on_/__/ cont' d to _/_J_, _/_/_ withdrawn ?_/__/_
Decision due bye_/_ inade��_ filed TC_/_/_ mailed —/_ /_
See related cases lawsuits other
ADDENDUM "A"
The Applicants, Andrew S. Barada III and Rita Barada, seek a
Special Permit pursuant to Section 139- 13(C)(1) of the By -Law to
increase the ground cover of their single - family dwelling at 41
West Miacomet Road from 1,407 square feet to an allowable ground
cover of not more than 1,500 square feet. The property is
located in the Moorlands Management zoning District. The house
on the property was constructed in 1979 -1980 as evidenced by
Certificate of Occupancy No. 1294 -80 and predates the effective
date of the MMD zoning amendment, April 3, 1984. The applicants
propose to remove the existing shed on the premises.
The property is a pre- existing, non - conforming lot of record
which has been held in separate ownership from a time prior to
the effective date of the MMD zoning amendment. The lot
contains approximately 127,878 square feet and is non - conforming
as to area and frontage. The proposed modest expansion of the
dwelling will minimize potentially adverse effects on the
moorlands environment and its scenic integrity and will not be
substantially more detrimental to the neighborhood than the
existing dwelling.