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HomeMy WebLinkAbout18-16 3 Pond RoadFee: $450.00 Owner's name(s) Mailing address: Igg TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 r.� 5 X0,5 Town Clerk Town & County Building 16 Broad St Nantucket, MA 02564 APPLICATION _- File No. /,� L4 )05;06 C r /� v Phone Number: �' J �� ✓p �`T E -Mail: a n � n i z 1 �J" � � � � ! � � m Applicant's name(s): � J a net 4:1 a Mailing Address: (_iJVKL aq � 1� Phone Number: E -Mail: ✓ Locus Address: Assessor's Map /Parcel: S(� ISl • I Land Court Plan /Plan Book & Page /Plan File No.: Deed Reference /Certificate of Title:C0023ZbO Zoning District R2 Uses on Lot- Commercial: None -ZYes (describe) Residential: Number of dwellings_ Duplex Apartments Date of Structure(s): all pre -date 7/72 or ' N16 /Ingi Building Permit Numbers: 9,A-01 Previous Zoning Board Application Numbers: OA-0-4- . QZI- o�5 , dS� q 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: i MIA �- - &,yoAAt4tt Ai sly lI V2t (,i XX A+(-d fio a VV-Wt a( OcCvPaV� ea. C� I certify that the information contained herein is substantially complete and true to the best of my e, under the pains and penalties of perjury. SIGNATU Owner* SIGNATURE: Applicant /Attorney /Agent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on: — / —/— By: Complete: Need Copies: Filed _ Town Clerk:/ Planning Board:_ /_ /_ Building Dept.: _/_ /_ By:_ Fee deposited with Town Treasurer:—LL By:_ Waiver requested: Granted: — / —/— Hearing notice posted with Town Clerk: _ /_ /— Mailed:—/—/ - I &M — / —/— & — / —/— Hearing(s) held on: — / —/— Opened on : — / —/- Continued to: — / —/— Withdrawn: — / —/— Decision Due B Made:—/—/— Filed w /Town Clerk: — / —/— Mailed: — / —/— 2 Fairgrounds Road Nantucket Massachusetts 02554 508 -228 -7215 telephone 508 - 228 -7298 facsimile 56- 14B 56-- 14.9 56 150 \ PLAN } 96.40' 09 -dh 1"=.30' v PROPANE N N r,4 29'1 w e HOUSE -. DECK., «(91J* ,SF.)\ 1 I I` 56 -151 56 -152 , H r8t 1, ti y, SHED r- (84j I 1 1 � 1�1 'al near J \ EX1IS77NG ' PARKpVC GARAGE/ r : COTTAGE ` - - —� - -- -- - -- -- - _ .(676._* } i Qt (Z_- DOC 74502) t- 100.00' 499.93' (CB — CB) sao'f ro CB -dh 1"I'01 Y FAPM PO. �_ POND ROAD (40' WIDE) R7 ME 70)W OF NAN7UAYET,• C£R77FY 7NAT THE 841/L01NG AND ZONING CLASSIFICATION: R -20 IMPROVEMENTS SHow *ERE LOCAMD BY AN REQUIRE Q EASTING A07UAL FIELD SVRVEY AND 7N£ DIMENSIONS MINIMUM LOT SIZE 20,000 S.F. 21,142 S.F. SHO►HV AR£ ACCURATE TO THZ' BEST OF MY MINIMUM FRONTAGE 75' 100' KNOIKEDGE AND BELIEF. " FRONT SETBACK 30' 12'• PROFESSIONAL LAND SURVEYOR Prepared By..1 1, RACKEN Engineering - Surveying Li��al Environmental Permitting 19 Old South Road, P.O. Box 3525 Nantucket, MA 02584 Phone: 508-325-0044 Fax: 508- 833 -2282) SIDE/REAR SETBACK 10' 17' GROUND COVER RATIO 12.5% 7.5% *SEE VARIANCE RECORDED AS L.C. DOC. #71707 NOTES 1. OWNER: JANET HANSON 2. DEED REFERENCE: L.C. CERT. 23280 3. PLAN REFERENCE: L.C. PLAN 14830 -7 AS -BUILT PLOT PLAN IN NANTUCKET, MA Prepared For: JANET HANSON 3 POND ROAD MAP 56 PARCEL 151.1 0'7170'7 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: November Z , 19 95 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 056 -95 Owner/Applicant: PHILLIP M. JEKANOWSKI AND ELIZABETH D. COLLIER Af,69 E�*tbtl�GJe%'°i✓"�, Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of 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 an complaint in court within TWENTY (20) days after this days 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. Dj 1 Micha O'Mara. Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET ZONING BY -LAW §139 -301 (SPECIAL PERMITS); §139 -321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. Assessor's Map 56 Parcel 151.1 Residential -2 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 3 Pond Drive Land Court Plan 14870 -7 Lot 132 /S'9,vq Cert. of Title 411'4)* 071707 At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS, held on FRIDAY, OCTOBER 13, 1995, at 1:00 P.M., in the Selectmen's Meeting Room, Town and County Building, Broad Street, Nantucket, MA, on the Application of PHILLIP M. JEKANOWSKI AND ELIZABETH D. COLLIER* of 3 Pond Drive, Nantucket, MA 02554, Board of Appeals File No _ 056 -95, the Board made the following Decision: 4t &e. C> l 1. Applicants request a FINDING that a garage structure is protected from enforcement action pursuant to M.G.L. ch 40A, §7 and further seek relief by VARIANCE pursuant to Zoning By -Law- §139 -32 from the requirements of Zoning By -Law §139 -16A (Intensity Regulations - front yard setback). Applicants propose to construct a secondary single- family dwelling unit within an existing garage structure that is sited 12+ feet from the front yard lot line in a district that requires a minimum front yard setback of 30 feet. The premises is located at 3 POND DRIVE, Assessor's Map 56, Parcel 151.1, Land Court Plan 14870 -7, Lot 132. The property is zoned Residential -2. 2. The Decision is based upon the Application and materials submitted with it, and testimony and evidence presented at the Hearing. The Planning Board made an unfavorable recommendation. There were two (2) letters and one (1) petition, signed by five (5) abutters, on file supporting the proposed conversion of the second floor of the garage into a dwelling unit. The Building Commissioner also spoke in favor of the grant of relief. 3. The Applicants purchased this property in 1986 when there was one (1) structure located on it, the subject garage, which was built in 1980. At the time of construction of the garage the Locus had been part of a larger lot and considered a use ancillary to the single family dwelling and office contained therein. In 1984 the predecessor in title subdivided the property into Lot 132 (the "Locus ") which contained the garage and Lot 133 which contained the dwelling and office. Lot 132 then measured its frontage along Pond Drive and Lot 133 maintained Hussey Farm Road as its frontage. When the two (2) lots had been considered as one (1) the Lot met front yard setback requirements from Hussey Farm Road and further, met the 10 -foot side yard setback requirement for the garage from Pond Drive. When the Lots were subdivided, the lot with the garage on it became non - complying as to front yard setback being sited 12 feet from its front yard lot line as measured from Pond Drive rather than the required 30 feet. vi 0'71'70'7 However, no enforcement action was ever taken and the garage has remained in the same location from the date of the 1984 subdivision until the present. Applicants subsequently received a Building Permit and Certificate of Occupancy to construct a single family dwelling at the rear of the Lot that met all dimensional requirements and in 1990 received a Building Permit to construct a deck onto the house. Applicants now propose to renovate the two -car garage structure and convert second floor space into a garage apartment. There would be no increase in the footprint of the structure and any additions that will be made to accommodate exterior stairway access and placement of shed dormers on the structure would be made outside of the 30 -foot setback area. Applicants would be allowed to convert said space and have a secondary dwelling unit on the premises as a matter of right were the garage sited outside of the setback area. Any alteration to a non - complying structure would have to be made by Variance. Applicants represent that moving the structure would be difficult and cause extreme financial difficulty, costing several thousand dollars. The placement of the existing septic system and leaching field would severely hamper relocation to a point outside of the required setbacks while still maintaining the required 12 -foot distance from the principal dwelling. Applicants stated that the nearest abutter, at 5 Pond Drive, preferred that the garage remain in its present location to minimize infringement on his privacy which would occur should the garage be relocated. The abutter at 10 Hussey Farm Road also expressed the same concern and preference. However, both supported the addition of the garage apartment. It was also noted that Applicants had been before this Board in 1986 (BOA File No. 132 -86) asking for similar relief but the Application was withdrawn without prejudice. 4. The Board finds that the garage structure is protected by the 10 -year curative statute from any enforcement action. The Board further finds that due to the facts as presented in this case, and the overwhelming neighborhood support for the proposal, and owing to the unique location of the structure and difficulty relocating it, conditions especially affecting the Locus but not affecting generally the zoning district in which the Locus is situated, a literal enforcement of the provisions of the By -Law would involve substantial hardship, financial and otherwise, to the Applicants (in that they had purchased a lot in good faith with a non - complying structure on it) and the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By -Law. 5. Accordingly, by a vote of four (4) in favor (O'Mara, Williams, Leichter and Waine) and one (1) abstaining (Batas), the Board GRANTS the requested relief by VARIANCE under zoning By- Law. §139 -16A to allow conversion of the second floor garage space into a secondary dwelling unit and further makes the finding that the garage structure is protected from enforcement action by the curative statute subject w 071'7'07 to the following conditions: a. The apartment shall be limited to year -round occupancy; and b. The footprint of the garage structure shall remain substantially unchanged, and that any additions to allow for second floor access and dormers shall be made outside of the 30 -foot setback area. Dated: November o2-, 1995 v' Michael J. O'Mara .fq' / n Lim F /A Wi J ./LelLchter e W. Waine Ann G. Balas RECEIVED CLERK'S OFFICE NANTUCKFr AAA 02554 NOV 02 1995 CI_FRK: I CERTIFY THAi2o4*S IMV O APSMAFTFA THE.MCIS N WAS FILED tl.A* . , OF, FOM THAT MOAPPMHASOM _ LAWS 40& SECTION' 4 ' OYVN 0002`'c 106203 TOWN OF NANTUCKET ORIGINAL BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date- j r` 70 , 20OX l To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: -03 Owner /Applicant: 1 -Q- k_ Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursua to Section 17 of Chapter 40A, Massachusetts General 'vs. a: Any action appealing the Decision must be brought— ° filing an complaint in court within TWENTY (20) -days aft4w this day's date. Notice of the action with a copy�bf thew complaint and certified copy of the Decision must be givbk to the Town Clerk so as to be received within such TWENTY° (20) days. Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTES MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED-UPON ACCORDING TO NANTUCKET ZONING BY -LAW 1139 -30I (SPECIAL PERMITS); $139 -32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. C►U01?3 Assessor's Map 56 Parcel 151.1 Residential -2 106203 Zoning Board of Appeals 1 EAST CHESTNUT STREET Nantucket, Massachusetts 02554 3 Pond Drive LC PLN 14830 -7 Lot 132, C.O.T. No. 20,876 At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, December 12, 2003 at 1:00 P.M., in the Conference Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following Decision on the Application of DAVID CLOUGH AND JANE B. CLOUGH, do Vaughan, Dale and Hunter, P.C., Whaler's Lane, P.O. Boa 659, Nantucket, MA 02554, on Board of Appeals File No. 087 -03; Applicants are seeking a MODIFICATION of previously granted VARIANCE relief in the Decision in Board of Appeals File No. 056-95 that allowed the construction Lion of a second floor over an existing garage structure to provide a secondary dwelling. The garage was sited within the required 30 -foot front yard setback area in 1980. Applicants are now proposing to expand the living space into the first floor area of the garage space, while maintaining a single garage space. Entry steps added on the westerly side of the structure within the required 30 -foot setback area would be removed and access would be provided outside of the 30 -foot setback area. The Premises is located at 3 POND ROAD, Assessor's Map 56, Parcel 151.1, Land Court Plan 14830 -7, Lot 132. The property is zone Residential -2. 2. The Decision is based upon the Application and materials submitted with it and testimony and evidence presented at the Public Hearing. The Planning Board made no recommendation in this matter as the matter was not of planning concern Thee was one letter in support of the Application presented at the Public Hearing. Applicants, through counsel, represented that the Locus was a portion of a bigger corner lot that had been subdivided into two parcels in 1984. Upon subdivision newly created Lot No. 133, abutting the Locus to the east, was benefited by and subject to a font yard setback taken from Hussey Farm Road and side yard setback from Pond Road. However, upon subdivision, newly created Lot 132, the Locus, which until then had been subject to a ten -foot side yard setback, now took frontage off of Pond Road and was therefore benefited by and C►UO`r., ?�l 106203 subject to the thirty- foot front yard setback required in the zoning district. Consequently, the subdivision left the Loans with a garage, originally sited outside of the tea -foot side yard setback prior to subdivision, now sited within the thirty-foot front yard setback area Applicants explained that in 1995 Applicants' predecessors--in-interest applied to the Nantucket Zoning Board of Appeals for a Variance to ratify the siting of the existing nonconforming garage within the thirty -foot front yard setback area and for permission to convert the second floor of the garage into a secondary dwelling. The Board in the Decision in BOA File No. 056 -95 granted the requested relief provided that there was no expansion of the footprint within said setback area and that the apartment be limited to year -round occupancy 4. Applicants are now requesting a Modification to that Variance to include the highlighted portion of the following text: "...conversion of the second floor garage space U wen as a oortious of the first Boor == spgee into a secondary dwelling." Applicants stated that the planned conversion of a portion of the first floor garage space would include living area as well as kitchen facilities, while leaving one conforming parking bay for use as a garage on the first floor. There would be no expansion of the footprint or any further intrusion into the required 30 -foot front yard setback area. S. Therefore. based upon the foregoing, the Board finds that the requested Modification of the conditions in the Variance granted in the Decision in BOA File No. 056-95 to now allow alteration of the interior first floor space to allow an expansion of the living space, Without expansion of the footprint within the required 30 -foot front yawl setback area, woWd not be substantially more detrimental to the neighborhood than the existing nonconformity and further reaffirms the Variance related findings made in said Decision. Accordingly, by an UNANIMOUS vote, the Board GRANTS the requested MODIFICATION of the VARIANCE granted in the Decision in Zoning Board of Appeals File No. 056 -95, under Nantucket Zoning By -law 139 -16A, to allow the conversion of the expansion of the second floor living space of the secondary dwelling into a portion of the first floor garage space, while maintaining a one-bay garage space for parking, subject to the following conditions (which incorporates the conditions contained in the previous Decision): 106203 n o 225 (a) The shall be Waited to year round occupmcy, (b) The footprint ofthe garage structure shall remain substantially unchanged, and any additions to allow for second Boor access and dormers shall be made outside ofthe 30-foot setback area; and (c) The apartment shaft be limited to a single bedroom. January �0, 2 C. Richard n Dale Wain 8 Toole WKhae J. O'Mara Edward Murphy Town of Nantucket Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER. � 4 .. V1` �bY7 . ............................... MAILING ADDRESS ...... 1 � J3 ................ PROPERTY LOCATION...... .............................. ASSESSOR MAP/PARCEL...... ...... ............................... SUBMITTED BY... SEE ATTACHED PAGES I certify that the foregoing is a list of all persons 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 land owners within 300 feet of the property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B (2)• DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET z H F N A EN 9 U R w F F ova z a a a a❑ °a °x °a o o a a a a a 3 3 3o N vwi vwi 0 0 3 0 0 y s z 3 3 3 N a C C a K K C a t a g a a ❑❑ U❑ 0 0 0 ❑ S S S❑❑ ❑ O Q R ❑ Z❑❑❑ X X X x x Z 2 o a N❑ a a Q 4 Q a a a 1 a a E a s: z a z z££ m z u z W F F F F F F .Wl F F E W 0 ❑ z F F Q F F E H W F F Z W w x w w w W W a w w o a o w w x W W w❑ w x W W o x x a a x x x x a x x x x x w X X u x x x a x x x H u a u u ❑ F N W'? x o r S❑ 0 7❑ N❑❑ a❑❑ l9 z y W W z z z K a Q �' Q 1, 2 O 2 . 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A N i UCKE ". uuL 25 Phi 2: 00 9p�HAiE� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: July 7, 2016 To: Parties in Interest and Others concerned with the Decision of'. The BOARD OF APPEALS in the Application of the following: Application No: 18 -16 Current Owner /Applicant: JANET HANSON Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of 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 Land 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. Eleanor W. Antonietti, Zoning Administrator cc: Town Clerk Planning Board Building Commissioner /Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY -LAW SECTION 139 -30 (SPECIAL PERMITS); SECTION 139 -32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508 - 325 -7587. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 56, Parcel 151.1 Certificate of Title No. 23280 3 Pond Road Land Court Plan 14830 -7 Residential Twenty (R -20) DECISION: Lot 132 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, June 9, 2016, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of JANET HANSON, 18 Banks Farm Road, Bedford, New York 10506, File No. 18 -16: 2. Applicant is seeking modification of prior Variance relief in order to remove the condition that the second dwelling be restricted to year -round occupancy. Prior relief validated the siting of the garage structure within the front yard setback and the conversion of a portion of the garage into a second dwelling. No change in footprint is proposed. The Locus is situated at 3 Pond Road, is shown on Assessor's Map 56 as Parcel 151.1, and as Lot 132 upon Land Court Plan 14830 -7. Evidence of owner's title is registered on Certificate of Title No. 23280 at the Nantucket County District of the Land Court. The site is zoned Residential 20 (R -20). 3. Our decision is based upon the application and accompanying materials, representations, and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. Opposition, both written and oral, was presented at the public hearing. 4. The Locus, shown on plan entitled "As -Built Plot Plan in Nantucket, MA ", dated October 1, 2009, prepared for Janet Hanson by Bracken Engineering, Inc., and attached herewith as "Exhibit A ", contains 21,142 square feet of lot area in the R -20 zoning district where minimum lot area is 20,000 square feet and has one hundred (100) feet of frontage on Pond Road, where seventy -five (75) feet is required. It is improved with a dimensionally compliant primary dwelling having a footprint of 913 square feet and a "garage /cottage" containing approximately 676 square feet of ground cover and sited as close as twelve (12) feet from Pond Road where minimum front yard setback is thirty (30) feet. Total ground cover is 7.5% where maximum allowable is 12.5 %. 5. Attorney Steven L. Cohen, who represented the Applicant at the hearing, explained that the property has been granted prior relief in 1995, 2003, and 2007. The locus was originally part of a larger parcel which was subdivided in 1984 into two lots. The subdivision resulted in frontage, originally taken from Hussey Farm Road, being moved to Pond Road. This rendered the garage structure, built in 1980, nonconforming as to `front yard setbacks', whereas it was previously conforming when Pond Rd. was the established side yard. In 1995, a prior owner was granted Variance relief to 1) validate the frontyard setback intrusion. and 2) approve the conversion of the second floor of the nonconforming garage structure into an apartment, while maintaining the two -car garage space on the first floor. The following conditions were imposed in this decision: a. The apartment shall be limited to year -round occupancy, and b. The footprint of the garage structure shall remain substantially unchanged, and that any additions to allow for second floor access and dormers shall be made outside of the 30 foot setback area In 2003, another prior owner obtained approval to modify said Variance in order to convert one of the two first floor garage bays into additional living space for the second floor apartment. This decision retained the prior conditions and added a 3rd which was: C. The apartment shall be limited to a single bedroom. In 2007, the same prior owners requested and received further relief to allow the conversion of the entire garage structure into a second dwelling. However, this decision was neither recorded nor exercised and the Building Permit originally pulled for said relief was voided. The prior conditions were retained, with the exception that condition `c' was slightly modified to read: C. The secondary dwelling shall be limited to a maximum of one bedroom without further relieffrom this Board. Applicant purchased the property in 2009 and has made some modest improvements to the dwelling and garage apartment, but nothing that required additional relief or modification thereto. The applicant is requesting to remove only the year -round occupancy condition. 6. Specifically, applicant seeks to eliminate, or in the alternative, to clarify the above referenced "Condition A" contained in the following Variance and two subsequent Modifications thereto: 1) Board of Appeals File No. 056 -95 granted to Phillip M. Jekanowski & Elizabeth D_ Collier — registered with the Nantucket County District of the Land Court as Document 71707; 2) Board of Appeals File No. 087 -03 granted to David Clough & Jane B. Clough - registered with the Nantucket County District of the Land Court as Document 106203; 3) Board of Appeals File No. 023 -07 granted to David Clough & Jane B. Clough — never registered with the Nantucket County Registry District of the Land Court. 7. Therefore, based on the application materials and testimony received at the public hearing, the Board finds that the subject condition may be clarified, rather than eliminated. The Board observed that the original intent of imposing the restriction was to support the creation of available housing for year -round residents, and the need for such housing continues to be prevalent on island. While the restriction does not allow the owner to rent on a short term basis, it does not exclude casual use by the owner or guests and family members of the owner. Based on the foregoing, the Board made a determination to modify the condition to allow for rentals of the "garage /cottage" to be limited to year -round rentals of not less than twelve (12) months. 8. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals made the determination to modify the previous decisions by replacing the above referenced "Condition A" in the following manner: a, The apartnient shall be finiited to -year round eeeupaney,---,6� a. The rentals of the apartment to prospective tenant(s) shall be for periods not less than twelve (12) consecutive months; b. All other relief granted and conditions in above - referenced of prior Decisions shall remain in full force and effect. SI NAT RE PAGE TO FOLLOW Assessor's Map 56, Parcel 151.1 3 Pond Road Residential Twenty (R -20) Dated: (i{,4 2016 Nantucket, ss Certificate of Title No. 23280 Land Court Plan 14830 -7 COMMONWEALTH OF MASSACHUSETTS Lot 132 On the Z, Z' day of 1/l� , 2016, before me, the undersigned notary public, personally appeared 2n ��.p �� c.� , one of the above -named members of the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he /she signed the foregoing instrument voluntarily for the purposes therein expressed. Notary Public: My LESLIE OODSON SNELL NOTARY PUBLIC COMAMONWFA�TH of � ASSACI+uSETTS My Comm. Expires Sept 28, 2018 5E -148 56 -749 56 150 N PLAN PLAN 96:40' �j CB -dh 1' =30' N r~ANE h --22' ' £X/S77NG HOUSE If £ DECK (91" SF.) L s 56 -151 56 -752 v SHED 1 r- (84i I 11 I 1 EX/S71NG ' � PARK /NC `GARAGE - - N w 1 r­ oac. 14502/ 100.00' ` I _ 499.93, (CB - cB) toa't To CB -dh VIZI FAPM po. CB -dh POND ROAD (40' WIDE) Tn 7H£ TOW CF NAN71ICN£T CERTIFY THAT THE BUILDING AND ZONING CLASSIFICATION: R -20 IMPROVEMENTS SHOW WERE LOCATED BY AN REQUIRED EXISTING ACTUAL FIELD SURVEY AND TH£ DIMENSIONS MINIMUM LOT SIZE 20,000 S.F. 21,142 S.F. SHOW ARE ACCURATE TO THE BEST OF MY MINIMUM FRONTAGE 75' 100' I(N0KEDGE AND BELIEF. " FRONT SETBACK 30' 12'• PROFESSIONAL LAND SURVEYOR Prepared By. BRAC KEN Engineering - Surveying ammmmom Environmental Permitting 19 Old South Road, P.O. Box 3525 Nantucket, MA 02584 Phone: 508- 325 -0044 Fax: 508- 833 -2282 J SIDE/REAR SETBACK 10' 17' GROUND COVER RAT10 12.5% 7.5% *SEE VARIANCE RECORDED AS L.C. DOC. #71707 NOTES 1. OWNER: JANET HANSON 2. DEED REFERENCE: L.C. CERT. 23280 3. PLAN REFERENCE: L.C. PLAN 14830 -7 AS —BUILT PLOT PLAN IN NANTUCKET, MA Prepared For: JANET HANSON 3 POND ROAD MAP 56 PARCEL 151.1