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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 O 0 0 Ul 08M m x mm 0 C Q > z z > z -4*40 C:ro > O>M U3 X r- Z M Im, ,Mm c fj) 0 z z Ol 0 En :E U At 0 c m U'l F) .r X ru T 0 0 Ljj N- o 0� 0 lc� co D O co I V 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.