HomeMy WebLinkAbout19-17 69 Milestone Road1=WPA10
DJUN 13 2017
i
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Owner's name(s): A'>UAW -P 4',_ 1/V67 ertt_
File No. / I -/?
L
tV
V1
W
Mailing address: &9 0�7414 -667 AA_' 1Cp /t44 02,554–'
Phone Number: 5QO, 22 / , `j2 E -Mail:
Applicant's name(s):
/4
Mailing Address: Po 00?( (,� : � % , IL14 005 * --
Phone Number: E -Mail:
Locus Address: �P� Assessor's Map /Parcel: ✓ 2
Land Court Plan /Plan Book & Page /Plan File No.: 369.41
Deed Reference /Certificate of Title: 22 Zoning District
Uses on Lot- Commercial: None Yes (describe)
Residential: Number of dwellings__ Duplex Apartments. 71AV-5 A-0`401L 164W 42.1,f
Date of Structure(s): all pre -date 7/72 or
Buildin P 't Numbers:
Previous Zoning Board Application Numb
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
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1=WPA10
DJUN 13 2017
i
IS `�
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Owner's name(s): A'>UAW -P 4',_ 1/V67 ertt_
File No. / I -/?
L
tV
V1
W
Mailing address: &9 0�7414 -667 AA_' 1Cp /t44 02,554–'
Phone Number: 5QO, 22 / , `j2 E -Mail:
Applicant's name(s):
/4
Mailing Address: Po 00?( (,� : � % , IL14 005 * --
Phone Number: E -Mail:
Locus Address: �P� Assessor's Map /Parcel: ✓ 2
Land Court Plan /Plan Book & Page /Plan File No.: 369.41
Deed Reference /Certificate of Title: 22 Zoning District
Uses on Lot- Commercial: None Yes (describe)
Residential: Number of dwellings__ Duplex Apartments. 71AV-5 A-0`401L 164W 42.1,f
Date of Structure(s): all pre -date 7/72 or
Buildin P 't Numbers:
Previous Zoning Board Application Numb
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
At
State below or attach a separate addendum of specific special permits or variance relief applying for:
K rEF 8Y spWr-A,l- 0e--,V-A-L 17` 457XI:5 r7#� r of 19 As 55�9,e;
135 -.33 Zz�lM,(4 Rer-Ee-6N�e-; 07R0c:.720R-F— F tl��eo Fs SI�F
�E'r e 3 fb /45 9W `'? �" �r4 �7a �a�c;.
A4411- r-leO i -004FOUG . +0A4 M J
I certify that the information contained herein is substantially complete and true to the [41M AI5-777)
best of my knowledge, under the pains and penalties of perjury.
SIGNA
SIGNATURE:
*If an Agent is representing the Owner or
Owner*
licant Attorney Agent*
Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on:—/—/— By: Complete: Need Copies:
Filed with Town Clerk:–/–/– Planning Board:–/–/_ Building Dept.:–/–/– By:_
Fee deposited with Town Treasurer:–/–/– By: Waiver requested:
Granted:_ /_ /_ Hearing notice posted with Town Clerk:_ /_ /_ Mailed:_/_/_
I &M_ /_ /_ &_ /_ /_ Hearing(s) held on:—/—/— Opened on :_/_/_
Continued to:—/—/— Withdrawn:_ /_ /_ Decision Due By:—/—/—
Made:_
/_ /_ Filed w /Town Clerk:_ /_ /_ Mailed:—/—/—
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
69 MILESTONE ROAD - ADDENDUM SUPPLEMENT
Seeking relief pursuant to 139- 33.A(1)(a) for a change of use of a nonconforming structure
139- 33.A(11
Preexisting, nonconforming structures or uses may be extended, altered, or changed, provided that:
(a) The special permit granting authority finds that such extension, alteration, or change shall not be
substantially more detrimental than the existing nonconforming structure and /or use to the
neighborhood. Where an existing structure violates a front, rear, or side yard setback distance, the
special permit granting authority may issue a special permit to allow an extension, alteration, or
change to the structure, provided that the nonconforming setback distance is not made more
nonconforming and based upon a finding that the extension will not be substantially more detrimental
to the neighborhood than the existing nonconformity; or
As to the Statue of Limitations per Massachusetts General Laws Chapter 40A, Section 7:
If real property has been improved by the erection or alteration of 1 or more structures and the
structures or alterations have been in existence for a period of at least 10 years and no notice of an
action, suit or proceeding as to an alleged violation of this chapter or of an ordinance or by -law
adopted under this chapter has been recorded in the registry of deeds for the county or district in
which the real estate is located or, in the case of registered land, has been filed in the registry district
in which the land is located within a period of 10 years from the date the structures were erected,
then the structures shall be deemed, for zoning purposes, to be legally non- conforming
structures subject to section 6 and any local ordinance or by -law relating to non-
conforming structures.
Because the structure was constructed with the benefit of a building permit - and received a
Certificate of Occupancy in 2003 - and no action to force the removal, alteration, or relocation of
the structure was taken within the 10 years since the issuance of the building permit relative to the
violative work, therefore the structure is deemed protected.
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CURRENT ZONING CLASSIFICATION:
OF LAND IN
NANTUCKET, MASS.
SCALE: 1'= 40' DATE: JANUARY 24, 2017
Umited Use General 3 (L.U.G.-3)
E.Mng:
Owner. ....... SWAP A RINK - - -
CARL F. MURRAY
ANN H. MURRAY
Cert: 27492 . - L.C,pian: .76941 -D (LOT 7). . ,
MINIMUM LOT SIZE: 120,000 S.F.
130,680 5ft
WACRWLL and ASSOCIAMS, Inc.
��y`jt - -`
Af
Professional Land Surveyors
MINIMUM FRONTAGE: 200 FT.
FRONT. YARD SETBACK:..: -33,FT. -
SEE PLAN
- SEE:PLAN
-
(508) 228 -9026
'REAR /SIDE SETBACK: 20 FT.
% 3%
SEE PLAN - -
2.9% -
-
.. -
- RQ��-
.
GROUND COVER
. pp
r2g2. �W
■ DEMOTES CONCRETE BOUND- W/DRILL HOLE FOUND
_
• 0040TES REBAR FOUND
-
n
.
- 2 S7RY.
r
-_ ....
W
,.
-
S7RUCATE LP
BULKHEAD -
. A =1,379 SF.t AC
- PORCH
A
DECK
GRAVEL -
DRIVEWAY
MDECK v 7 S7RY. W STRUCTURE 68 -28.4 - A =419 SEt
N/F
ROBERT J. CAMPESE h SUSAN C. CAMPESE
1 /Y
STRUCTURE
A1274 SF.t
RAMP
DECK
68-461
THIS PLOT PLAN WAS PREPARED FOR THE TO N�
TOM
NANTUCKET BUILDING DEPARTMENT ONLY AND 6 MkFS7ONf CROSSING LLC
SHOULD NOT BE CONSIDERED A PROPERTY LINE
SURVEY. THIS PLAN cNOUL N07 BE USFE TO
ESTABLISH PROPERTY LINES. FENCES, HEDGES OR
ANY ANCILLARY STRUCTURES ON THE PREWSES.
THE PROPERTY LINES SHOWM RELY ON CURRENT
DEEDS AND PLANS OF RECORD.
THIS PLOT PLAN IS NOT A CERTIFICATION AS TO
TITLE OR OWMERSMP OF THE PROPERTY SHOWN.
OWNERS OF ADJOINING PROPERTIES ARE SHOWN
ACCORDING TO CURRENT ASSESSOR RECORDS
ASSESSOR MAP: .68... , PARCEL: 4?
\LEO 25 JOB 49
\DRAWFILES \87114 \BLP.dw9 1/24/2017 1:59:08 PM EST
68 -26.2
N/F
CIELO AZUL REALTY TRUST
DECK
2 STRY.
W/F
STRUCTUuRE
A =1,710 IF.t
CNDl.
�6Q`
J -�
-
OF LAND IN
NANTUCKET, MASS.
SCALE: 1'= 40' DATE: JANUARY 24, 2017
MAXW3EU L R MM A(AIVAJtgr ANN XIM :
-
N/F.
Owner. ....... SWAP A RINK - - -
CARL F. MURRAY
ANN H. MURRAY
Cert: 27492 . - L.C,pian: .76941 -D (LOT 7). . ,
69 MILESTONE. ROAD, .. , .. .
WACRWLL and ASSOCIAMS, Inc.
Professional Land Surveyors
20 TEASDALE CIRCLE
NANTUCKET, MASS. 02554
(508) 228 -9026
B7114
Nantucket Planning Board
April 11, 2017
Mr. Steve l3mler, Building Cornn- dsioner
P drgounds Road
Nantucket, NUt 0255.1
Ire: 61 tililestune Road — Edward F. Ding ctal (lTap 68 Parre, 283)
Tear Mr. Brntler:
Please be advised dial. Lhe Platuring Board, at its mu Ling on April 10, 2017, considered the above. application for
aderluate access, as per X139 -20.1 of the INTaxreA4 Code, and Blunted a tertiary dwelling approval (1- ueclruuru, 433
square ieCL), cotrdaioml upon trio following:
(1) That there should he a minimmr of Eve (5) perking spaces be provided as delineated on the site
plan;
(:?1 That the tertiary= dweli.ng shall be in the same ov7iership as at least one other owner - occupied
dwc1ling unit on the tor, or shall he owned by a not- for.-pxoEt, te4ous, or educational entity, or
;hall he subject to a restriction limiting occupancy Lo a yc:ar -round household:
(3) Thal Lhc Lravecd width o= the driveway shall he a tninimrtm of ten (10) feet in width and a
mazirnuaz or fifteen X15, feet in w=idth, excluding carrier roundiul; which mzy hzvc a maximum
radius of two A feet;
(4) Th4t the drivev=ay etrltance stall be cicarcd free of vegetation and obstruction to a minimnrm
vrid+ of twelve (12) feet and a height of thirteen (13) feet;
(5) T uaL ally landscaping at the driveway= entranre he limited to low growing plant material not to
exceed three (3) feet in height; and,
(6) That The applicant shall submit an As -Built prior to the heal inspection by staff which shall take
place prior to lire issuance of a CerdficaLu of Occupanc,7.
The approval is also conditional upon adrerence to tae site plan submitted by the applicant aad endorsed by the
Chairman, showing the xeladve locations of prupusc:d or cxi.-ting dv filings and drvewaaj=s nr parking areas. As pet
Section 139 -2 of the Nano, -An Zoriel C�.Ia, the approval referenced herein is valid for a period ui two years only,
c alculatcel from tic date of site plan cndorscrncnt by 1-lie Planning Board. If you have any questions regarding
this approval, please contact the Planning Office at 508 -325 -7587.
Sirrc;�cly,
Linda Williams
Vice - Chairman
cc: Edward F. Sing etal
Nfarrus Silverstein - Znning Enforcement C) fficer
NOTE TO APPJ —R: INNS' Near! ucte ihc! a co�r oftbzplurl_�rf su!mrtl e t to the lint w1� ras l:�lr e.,?Zzrvd i, Hv CAlim —Pi Lf Jll �.(L� r:RA IAM.7 f2
+�rxu. +erJ!u lfe 13Hildiri� DeFnr r,>ar w/rn apDnnrn lbr o Gxk*,gr urn . Tbere :r: %i ?�t a 325 !%am,"dura -) :a ra- .:urre ,r. errM+ awl ata,n/v+l.
KRJG- TE1iT1ARY DWLIJANG
69 MILF.STONF. ROAD
NANTUCKET, MA 02554
SCALF: I"= 80' -0"
STRUCTURE /N :ED
f5 EX /SR/VG 5TUaO -
PROPOSED CON lF"RSION
TO TERAARTY D6M_1LIMG I
f
lay.l f
Afir
� c'XISANfi
' 9' 2C' PArxws 1'ARKl4C
5TlcUCTJRF RJUx7JFAfl
LJ� /
A -1J/9 5l1 a
\` CIS75Iwo
LX,SJHNG MA 1U
— JFAR)fM2C — � DRIVEWAY
� 7
(:Hill.
—�7 1 �Y.
sTTr.:cnax
jJf sNFn A =2�• sr.�
RA,uP I
GFG?i
CURRLNJ LOWNG CiASSI 7CAT)DN; -
Limited Use Gonerci 3 (L.U.0r3) Erietinq:
tA,,v ll11 LOT SIZE JN/7L1'1 Sf. 130Af30 S.F*
mmaum fROWAGE• 200 m SFF PIAN
FRONT YAi20 SL-m -: 35 FT. !GFF MAN
gi AH /51DE aL PACX: 20 Fa. SEE' PLm.' f
GJ7Di/NU COVER X 3% 2.951 -
Ccrt: ? • {9 L.C.F.Un. .36?V. 7 491
69 MILESTONE ROAD 1
68 --Mil
N/F
6 MLESrme CROSS) r JJr.
f. R 4611
NIF
.r,AP.! F. 04UPRAY dr
AMU H_ MU.WAr
hl
0
MEEK 3ERGE_N DESIGNS
PO BOX b73
NANTUCKET, MA
508.228.1388
t XJ37RJG
cosaE STCNE
APRON
APPROVED
BY ME N-ANT U CET PLANNING BOARL
I-IOR ADEQUKIY ,ac_.CE% PURSUANT TO
SWIM ' ryc - 20.{{1 OF THE
t�lCGt.�i, iri3an to
KING- 69 \ff[ f S'InNf ROAD
LOCUS MAP - NO SCALE
B(/Ll(HEAD TRUCTARL
68 — ?6.4
Ae47.9 Sf.3'
pnAFRr J. LP.VPESf X
SUSAN r.. CAV TEX
�
cxf5)fNG
�
/`d
GRAVEL .
f 77 WWAY
FxJSTavc
/
PAn"G ► CcCX WrK
WIF
I
L�(•• -.t 57RUCWFf
?RJNARY) A =7,7f0 Sf3
(:Hill.
—�7 1 �Y.
sTTr.:cnax
jJf sNFn A =2�• sr.�
RA,uP I
GFG?i
CURRLNJ LOWNG CiASSI 7CAT)DN; -
Limited Use Gonerci 3 (L.U.0r3) Erietinq:
tA,,v ll11 LOT SIZE JN/7L1'1 Sf. 130Af30 S.F*
mmaum fROWAGE• 200 m SFF PIAN
FRONT YAi20 SL-m -: 35 FT. !GFF MAN
gi AH /51DE aL PACX: 20 Fa. SEE' PLm.' f
GJ7Di/NU COVER X 3% 2.951 -
Ccrt: ? • {9 L.C.F.Un. .36?V. 7 491
69 MILESTONE ROAD 1
68 --Mil
N/F
6 MLESrme CROSS) r JJr.
f. R 4611
NIF
.r,AP.! F. 04UPRAY dr
AMU H_ MU.WAr
hl
0
MEEK 3ERGE_N DESIGNS
PO BOX b73
NANTUCKET, MA
508.228.1388
t XJ37RJG
cosaE STCNE
APRON
APPROVED
BY ME N-ANT U CET PLANNING BOARL
I-IOR ADEQUKIY ,ac_.CE% PURSUANT TO
SWIM ' ryc - 20.{{1 OF THE
t�lCGt.�i, iri3an to
KING- 69 \ff[ f S'InNf ROAD
LOCUS MAP - NO SCALE
Nantucket Planning Shard
April 11, 2017
Mr. Steve Bntler, Building Corntnis &ioner
2. ' irgroundb Road
Nantucket, tihA 0255.1
Re: 69 -NIeslone Road — Edward F. Iing ctal N. ap 68 Parrel 29.5)
Tear Mt. Bntler:
Please be advised thaC line Planning Board, at ils muting on April 10, 2017, considered the above application for
adequate. access, as per ;;139 -20.1 of the NTa.r� fckn Cone, and gr --nted a tertiary dweUig approval (I bedroum, 433
square feet), condiliunA upon the following:
(1) That there shrnild he a minimutr, nf. £tre (5) paring spaces be provided as delineated on the site
plan;
That the tertigty dweling shall be in the same ownership as at least one other owner- occ:upiui
dwcliing unit on the tor., or shall he owned by a not -for.- profit, religious, or education 1. entity, or
shall be subject to a restriction thytitiiZ occupancy to a year-round household;
() That the travelled width o- tlhc driveway shs11 he a minimnrn of ten (10) feet in width and a
znaxirnum of fifteen (la; feet iii width, excluding comer roundiu}; which mz.y love a maxim. um
radius of two 12) feet;
(4) That the driveway enttance shall be cleared free of vegaation and obstruction to a minimum
widtlb of twelve (12) feet and a height of thirteen (13) feet;
(5) T11z l any landscaping at the drivcwar entrance he limited to low growing plant material not to
exceed three (3) feet in height; and,
(C) That the applicant shall si_rbmit an As -Built prior to the final inspection by staff which shall take
place prior to the issuance: of a CerLfficatc of Occupancy.
The approval is a.iso conditional upon adherence. to the site plan submitted by the applicant avid endorsed by the
ChaLman, showing the rela.uve locations of proposed or existing dv dlinags and driveways or parking areas_ As pet
Sectirn 139-2 of the ?Vrual. bit 2oNinl= 0.1e, the approval referenced herein is valid for a period of two `ears onleT,
calculalexl Loom the d2ac of site plan endorsement by the PlanningBoard. If you have any questions regarding
this approval, please contact the Planning Office at 50 --s3- 325 -758, .
Sinc;cxoly,
Luida V('Jltatns
Vice. - Chairman
cc: Edward F. Sing etal
%fit -cos Sily ersteira - Zoning Enforcement t,fficer
NO?:r TO APPl k:N7_5: Plrnre wle Aba? 7 top oftbe�la�t ynftsu!nsrd'erl . a tfiElin.�r; who+, ryas Liu snw'sr�d G,L fls !.l rnrvx, i.r a:iaarui,:nd r urt ba
,���e�z +al !u Ice l3hil�3�r2 llepanraar: »�l�n 3p�h ";t� ��r a brii�ur ^�u�t. T1�ere :ell ?rr c ,S.S �rrri�ustr�ti�x�§a iQ TN -iSG /4 5J! 8Jillbt37fl ate, lvr..
KING - TERTIARY DWEA .I_.1NG
69 MTLF.STONF. ROAD
t4.jW [TCKET, MA 02554
SCALE:
STRUCTURE !N R£0
15 ExTsnNG SRJDIO -
PROPO5ED CONVERSION
TG T,`R17ARTY DNCLUMG
r
n^AF.Rr. ..VPESE & n
St /SAN r. !.A..WEsF
h1IL�;
S7T0hTR ROAD -�
cGeaLE sicNE --
-- APRON
Ex1SMix
Y X 20' PARJtING
2 SiRY.
OF
57Romw EP f oCKHFAJ)
A -1-119 5t1 Arl, '7. J+ORLP
DIECII
f}GS1JI,'G /// GRA Y2L
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_L?i yyF
• S7R11CTi/Ri
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f
I
CURRENI eON!NG CLA55if!CATJON:
LiMiivj Use Gsnerci 3 !E J.C. -3) £Airtinq:
MJNJMU4 LOr SIZE: 1?C-Al Sf_ J90Ad0 S.ff
Mi7JJi(UM MNTAG[• 200 FT. SFF P! AN
FROM Y/4IM SETBACK: 3S JT. SFr PAN
krAlt/5iDC a"CTL?ACK: 20 ri- SEE PEAN
GXL'JNU
COVER X - 3X 2.9X _
Ccru 2J„ {9r .. -L.G.F.Un. . S69�t; Z {LOT
6 piEEyrJNE CROSSJNr i J r rA 4Alt
N/F
CARL F. MURRAY &
ANN H_ HURRAY
jVjL"�Kj3�1C17L. =Y LJGJlvi�u
PO BOX 673
NANTUCKET, MA
5013.278.13913
t' "RONT-D
I4GR ADEQU PURSUANT TO
SE. ECS -,v mo.i OF THE
r _ AING Y1.41
rrrr il: - as mu mS'roNf: ROAD)
LOCUS MAV - -NV
MEERBERGEN DESIUNN
KING - ADDITIONS & TERTIARY DWELLING `��/'� / PO BOX 673
69 MILESTONE ROAD ` (��� V NANTUCKET, MA
NANTUCKET, MA 02554 508.228.1388
SCALE: I"= 100' -0" C�
Afli' --
JIL O 17L,�
LOCUS MAP - NO SCALE
KING - AS BUILT CONDITIONS (TERTIARY)
69 MILESTONE ROAD
NANTUCKET, MA 02554
SCALE: 1/8" = F -0"
J' iz
�z
a Fi-ol
im
WEST ELEVATION
MEERBERGEN DESIONJ
PO BOX 673
NANTUCKET, MA
508.228.1 388
iwill-m-ml �11 mill mi
i� Lli �iLl'Em
NORTH ELEVATION
EAST ELEVATTON
SOUTH ELEVATION
KING - AS BUILT CONDITIONS (TERTIARY)
69 MILESTONE ROAD
NANTUCKET, MA 02554
SCALE: 1/8" = F -0"
MEERBERGEN DESIGNS
PO BOX 673
NANTUCKET, MA
508.228.1388
FIRST FLOOR
KING - ADDITIONS & TERTIARY DWELLING
69 MILESTONE ROAD
NANTUCKET, MA 02554
SCALE: 1/8" = F -0"
NORTH ELEVATION
WIN!
'fail
WEST ELEVATION
I2
iz 12
MBERBEKCiEN U1;3ll71va
PO BOX 673
NANTUCKET, MA
508.228.1388
KING- ADDITIONS & TERTIARY DWELLING
69 MILESTONE ROAD
NANTUCKET, MA 02554
SCALE: 1/8" = F -0"
MEERBERGEN DESIGNS
PO BOX 673
NANTUCKET, MA
508.228.1388
EAST ELEVATION
ICING- ADDITIONS & TERTIARY DWELLING
69 MILESTONE ROAD
NANTUCKET, MA 02554
SCALE: 1/8" = F -0"
MEERBERGEN DESIGNS
PO BOX 673
NANTUCKET, MA
508.228.1 388
FIRST FLOOR
SECOND FLOOR
KPqe - -ADDITIONS & TERTIARY DWELLING
69 MILESTONE ROAD
NANTUCKET, MA 02554
SCALE: 1" = 100' -0"
tLTr7 r_
MEERBERUEN Dl:J1(jiv�
PO BOX 673
NANTUCKET, MA
508.228.1388
L)
0 0
!II 2� me
1 IN
KING - 69 MILESTONE ROAD
LOCUS MAP - NO SCALE
MEERBERGEN DESIGNS
J TIONS & TERTIARY DWELLING PO BOX 673
.;TONE ROAD NANTUCKET, MA
6CKET, MA 02554 508.228.1388
L �
NORTH ELEVATION
A PR-
MAR 14-201117.
BV
.—i 7, -�7 6
t � ni Ty4nr apoPn AM
WEST ELEVATION
jITIONS & TERTIARY DWELLING
..;TONE ROAD
.L CKET, MA 02554
,;L E: 1/8" = F -0"
MEERBERGEN DESIGNS
PO BOX 673
NANTUCKET, MA
508.228.1388
p C�G��CdC� F MAP , 14 2017
Appul-ok
7
6 i
tu
�? `3 i .
EAST ELEVATION
i tti UH GHNtV6E�
i rr L4T)(- aPPA{1VAI
I
/ITIONS & TERTIARY DWELLING
,TONE ROAD
KET, NIA 02554
1 %8" = F -0"
FIRST FLOOR
SECOND FLOOR
_1.1�'.)✓iZ�?�Ki.7r._`i li J1V1�J
PO BOX 673
NANTUCKET, NIA
508.228.1 388
MAR 14 2017
M.G.L. 40.A SECTION T: ENFORCEMENT OF ZONIpG REGULATIONS; VIOLATIONS;
PENALTIES; JURISDICTION OF SUPERIOR COURT
The inspector of buildings, building commissioner or local inspector, or if there
are none, in a town, the board of selectmen, or person or board designated by
local ordinance or by -law, shall be charged with the enforcement of the zoning
ordinance or by -law and shall withhold a permit for the construction, alteration
or moving of any building or structure if the building or structure as
constructed, altered or moved would be in violation of any zoning ordinance or
by -law; and no permit or license shall be granted for a new use of a building,
structure or land which use would be in violation of any zoning ordinance or
by -law. If the officer or board charged with enforcement of zoning ordinances or
by -laws is requested in writing to enforce such ordinances or by -laws against
any person allegedly in violation of the same and such officer or board declines
to act, he shall notify, in writing, the party requesting such enforcement of any
action or refusal to act, and the reasons therefor, within fourteen days of
receipt of such request.
[ Second paragraph effective until November 2, 2016. For text effective November
2, 2016, see below.]
No local zoning law shall provide penalty of more than three hundred dollars
per violation; provided, however, that nothing herein shall be construed to
prohibit such laws from providing that each day such violation continues shall
constitute a separate offense. No action, suit or proceeding shall be maintained
in any court, nor any administrative or other action taken to recover a fine or
damages or to compel the removal, alteration, or relocation of any structure or
part of a structure or alteration of a structure by reason of any violation of any
zoning by -law or ordinance except in accordance with the provisions of this
section, section eight and section seventeen; provided, further, that if real
property has been improved and used in accordance with the terms of the
original building permit issued by a person duly authorized to issue such
permits, no action, criminal or civil, the effect or purpose of which is to compel
the abandonment, limitation or modification of the use allowed by said permit
or the removal, alteration or relocation of any structure erected in reliance
upon said permit by reason of any alleged violation of the provisions of this
chapter, or of any ordinance or by -law adopted thereunder, shall be
maintained, unless such action, suit or proceeding is commenced and notice
thereof recorded in the registry of deeds for each county or district in which the
land lies within six years next after the commencement of the alleged violation
of law; and provided, further that no action, criminal or civil, the effect or
purpose of which is to compel the removal, alteration, or relocation of any
structure by reason of any alleged violation of the provisions of this chapter, or
any ordinance or by -law adopted thereunder, or the conditions of any variance
or special permit, shall be maintained, unless such action, suit or proceeding is
commenced and notice thereof recorded in the registry of deeds for each county
or district in which the land lies within ten years next after the commencement
of the alleged violation. Such notice shall include names of one or more of the
owners of record, the name of the person initiating the action, and adequate
identification of the structure and the alleged violation.
I Second paragraph as amended by 2016, 184, Sec. 1 effective November 2,
2016. For text effective until November 2, 2016, see above.]
No local zoning by -law or ordinance shall assess a penalty of more than $300
per violation; provided, however, that nothing in this section shall be construed
to prohibit local zoning by -laws or ordinances from providing that each day the
violation continues shall constitute a separate offense. No action, suit or
proceeding shall be maintained in a court, nor an administrative action or
other action taken to recover a fine or damages or to compel the removal,
alteration or relocation of a structure or part of a structure because of a
violation of a zoning by -law or ordinance except in accordance with this section
and sections 8 and 17. If real property has been improved and used in
accordance with the terms of the original building permit, no criminal or civil
action intended to compel the abandonment, limitation or modification of the
use allowed by the permit or the removal, alteration or relocation of a structure
erected in reliance upon the permit by reason of an alleged violation of this
chapter or of an ordinance or by -law adopted under this chapter shall be
maintained unless the action, suit or proceeding is commenced and notice of
the action, suit or proceeding is recorded in the registry of deeds for each
county or district in which the land lies or, in the case of registered land, the
notice is filed in the registry district in which the land lies within 6 years of the
commencement of the alleged violation. No criminal or civil action intended to
compel the removal, alteration, or relocation of a structure by reason of an
alleged violation of this chapter or of an ordinance or by -law adopted under
this chapter or the conditions of a variance or special permit shall be
maintained unless the action, suit or proceeding is commenced and notice of
the action, suit or proceeding is recorded in the registry of deeds for each
county or district in which the land lies or, in the case of registered land, the
notice is filed in the registry district in which the land lies within 10 years of
the commencement of the alleged violation.
Two paragraphs inserted following second paragraph by 2016, 184, Sec. 1
effective November 2, 2016.]
[ First paragraph inserted following second paragraph applicable regardless of
whether structure erected prior to or after November 2, 2016. See 2016, 184, Sec.
2.]
• If real property has been improved by the erection or alteration of 1 or more
structures and the structures or alterations have been in existence for a period
of at least 10 years and no notice of an action, suit or proceeding as to an
alleged violation of this chapter or of an ordinance or by -law adopted under
this chapter has been recorded in the registry of deeds for the county or district
Certificate No: OP- 2003 -0427 Building Permit No.: BP- 2003 -0877
Commonwealth of Massachusetts
Town of Nantucket
Building Electrical Mechanical Permits
.This is to Certify that the STUDIO located at
-----------------------------------------------------
Dwelling Type
69 MILESTONE RD in the TOWN OF NANTUCKET
------------------ - - - - -- --------------- - - - - -- ---------------------- - - - - -- -------- - - - - --
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPkNCY
1 STORY STUDIO - NOT FvR HUMAN HABITATION
C.O. IS FOR PERMIT # 375 -99 - MAP 68 -28.3
This permit is granted in conformity with the Statutes and ordinances relating thereto, and
expires ----- -- -- ------------- --- ----- _- unless sooner suspended or revoked.
Expiration Date
--' --------------- --
Issued On: Tue Sep 23, 2003 ------------------------------------ - - - - -- -----------------------
GeoTMS® 2003 Des Lauriers Municipal Solutions, Inc. ------------------------------------- - - - - --
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/ZONING: LUG-3
MINIMUM LOT SIZE; 120,000 S.F.
MINIMUM FRONTAGE: 200 FT
FRONT YARD SETBACK:35 FT
REAR & SIDE SETBACK; 20 FT
GROUND COVER RATIO: 37
PLOT PLAN OF LAND IN
NANTUCKET, MA
SCALE; 1'= 60'
DATE: SEPTEMBER 2, 2003
JOHN J. SHUGRUE, INC.
57 OLD SOUTH ROAD
NANTUCKET, MA 02554
FOR;DOLOREZ MACY
PARCEL N❑. 28.3 JOB N❑. 6518 —ABS2
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U No, 23529
JVIE N 'Ty �HUGRyi PLS '� gFG1 TEQ�
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PLOT PLAN OF LAND IN
NANTUCKET, MA
SCALE; 1'= 60'
DATE: SEPTEMBER 2, 2003
JOHN J. SHUGRUE, INC.
57 OLD SOUTH ROAD
NANTUCKET, MA 02554
FOR;DOLOREZ MACY
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SUBDIVISIGA PLAN OF i.A_ND IA NA714TJCKET
Miclmel S. Bacbr.•esi, Surveyor
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No. 369419
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Shown an Plan 369,41&
Filed ;dWR Cert. of Title ho. 6894
Rogstry District of Nantucket CountT
Separate certificates of title may be issued for land
shown herein as__ L ge 8____________________--
By the Court.
JAN. - ----- --- -- Q-- -- -Recor r.
__�_____ -, +., y _• . _Recorder.
F— LCHS3. 2MOA -76 t�
3694/ D
Copy of part of plan
filed m --
LAND REGISTRATION OFFICE
JAN. 34 1980
Scale of this plan /p 0 feet to an inch
R. L. Woodbury] Engineer ror Curt
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Town of Nantucket
Zoning Board of Appeals
BOARD OF ASSESSORS
JUN 12 2017
NqN U Ker MA
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER ....... ,/ /L�7�GLs,f?1� Gi 1fZ .............
MAILING ADDRESS...... /... �. �: /G2�ej//-.,
PROPERTY LOCATION...... �` .!...f'?�1�5T��� ..... ................
ASSESSOR MAP /PARCEL..... ... . ...............................
SUBMITTED BY. ...'`� ...- f....� ...... ...... C.� �.. K. ..
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).
6 -12 -17
DATE
ASSESSOR' O FICE
TOWN OF NANTUCKET
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BELLEVUE LINDA J TRST
LJ BELLEVUE TRUST 2014
70 MILESTONE RD
NANTUCKET, MA 02554
54
NANTUCKET ISLANDS LAND BANK
22 BROAD ST
NANTUCKET, MA 02554
68
ANDERWALD MARGRIT TR
CIELO AZUL REALTY TRUST
71 MILESTONE RD
NANTUCKET, MA 02554
68
KING EDWARD F ETAL
69 MILESTONE RD
NANTUCKET, MA 02554
68
BENJULES LLC ETAL
67 MILESTONE RD
NANTUCKET, MA 02554
68
RAMOS MICHAEL J & DUSTY J TR
10 MILESTONE CROSSING
NANTUCKET, MA 02554
68
MURRAY CARL F & ANN H
PO BOX 2
NANTUCKET, MA 02554
68
6 MILESTONE CROSSING LLC
195 HILLPOINT ROAD
WESTPORT, CT 06880
68
SMITH LARRY E & COLGROVE ANN A
4 MILESTONE CROSSING
NANTUCKET, MA 02554
NAN. �''1-
2011 AJ� I I PM I: 5p?
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: August 10, 2017
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 19 -17
Owner /Applicant: MAXWELL E. P. KING, MARGARET ANN KING, and
EDWARD F. KING
Property Description: 69 Milestone Road
68/28.3
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 Nantucket Superior Court or 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 L T 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
Two Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 68, Parcel 28.3
69 Milestone Road
Limited Use General 3 (LUG -3)
DECISION:
Certificate of Title No. 22492
Land Court Plan 36941 -D
Lot 7
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday.. July 13,
2017, at 1:00 P.M., in the First Floor Community Room of the Public Safety Facility at Four
Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the
application of MAXWELL E. P. KING, MARGARET ANN KING, and EDWARD F.
KING, 69 Milestone Road, Nantucket, Massachusetts 02554, File No. 019 -17:
2. The Applicants are seeking Special Permit relief pursuant to By -law Sections 139 -7(a).
139 -30, and 139 -33.A to allow the change of use of a nonconforming studio structure to a
residential use with no expansion of the footprint. Applicant proposes to convert and alter the
studio, portions of which are sited within the westerly side yard setback, into a tertiary dwelling
and has prior approval from the Planning Board for said Tertiary Dwelling. The studio, as so
altered, will not be any closer to the side yard lot line. The Locus is situated at 69 Milestone
Road, is shown on Tax Assessor's Map 68 as Parcel 28.3, and as Lot 7 upon Land Court Plan
No. 36941 -D. Evidence of owner's registered as Certificate of Title No. 22492 in the Nantucket
County District of the Land Court. The site is zoned Limited Use General 3 (LUG -3).
3. Our decision is based upon the application and accompanying materials and
representations and testimony received at our public hearing. There was no Planning Board
recommendation specific to this request although the Planning Board did approve the conversion
of the subject structure into a Tertiary Dwelling at its meeting on April 10, 2017. There was no
opposition, written or oral, to the application.
4. The locus has an approximate lot area of 130,680 square feet in the LUG -3 zoning district
where minimum lot size is 120,000 square feet. The lot is improved with four structures, three of
which are conforming structures including a primary dwelling, a secondary dwelling, and an
outbuilding /accessory structure, and the fourth of which is a legally nonconforming studio
(subject structure). The studio is sited within the twenty (20) foot westerly side yard setback.
The primary dwelling has ground cover of approximately 1,710 square feet; the secondary
dwelling has ground cover of approximately 1,379 square feet; the outbuilding/accessory
structure has ground cover of approximately 274 square feet, and; the studio has ground cover of
approximately 419 square feet, for total ground cover of roughly 3,782 square feet or 2.9%
where maximum allowable ground cover is 3 %.
5. The studio structure was constructed with the benefit of a building permit — and received
a Certificate of Occupancy in 2003 — and no action to force the removal, alteration, or relocation
of the structure was taken within the 10 years since the issuance of the building permit relative to
2
the violative work. Therefore, the structure is deemed both protected and legally nonconforming
by virtue of the recent amendment to the "statute of limitations" which allows broader protection
of non - compliant structures. Massachusetts General Laws Chapter 40A, Section 7 now reads, in
relevant part:
If real property has been improved by the erection or alteration of I or more structures and the
structures or alterations have been in existence for a period of at least 10 years and no notice of
an action, suit or proceeding as to an alleged violation of this chapter or of an ordinance or by-
law adopted under this chapter has been recorded in the registry, of deeds fog° the county or
district in which the real estate is located or, in the case of registered land has been filed in the
registry district in which the land is located within a period of 10 years from the date the
structures were erected, then the structures shall be deemed, for zoning purposes, to be legally
non - conforming structures subject to section 6 and any local ordinance or by -law relating to
non - conforming structures.
6. The Applicant is seeking approval to convert a studio structure into a residential use as a
tertiary dwelling and to allow for the alteration of said structure. The structure is sited as close as
12.8 feet from the westerly side yard lot line where minimum setback is twenty (20) feet. The
Locus is and will remain compliant as to lot area and ground cover. The total adjusted parking
requirement, including the one (1) additional space for the proposed tertiary dwelling, will be
met.
7. The Applicant obtained approval for the proposed Tertiary Dwelling at the April 10, 2017
Planning Board meeting. The proposed project further benefits from Nantucket Historic District
Commission approval, by virtue of Certificate of Appropriateness No. 67681, as the same may
be amended from time to time. The conversion will entail interior renovations, fenestration and
door changes, and raising the roof to install a gable in order to accommodate a second floor loft
sleeping space with no change in footprint.
8. Based upon the testimony received at the hearing and the site plan entitled, 'Building
Location Plan of Land in Nantucket, Mass. ", prepared by Blackwell & Associates, Inc., and
dated January 24, 2017, a reduced copy of which is attached herewith as '`Exhibit A ", the
Zoning Board of Appeals made a determination that the requested relief may be granted based
upon the findings that the proposed project will not make the existing nonconforming setback
distances more nonconforming and will not be substantially more detrimental to the
neighborhood than the existing nonconformities and, furthermore, has garnered required
approvals for the conversion into a tertiary dwelling unit from both the Planning Board and the
Historic District Commission.
9. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL
PERMIT relief pursuant to the provisions of Zoning By -law Section 139 -7(a), 139 -30, and 139 -
33.A to allow the change of use from accessory to residential and associated alterations in order
to convert the legally nonconforming studio structure into a tertiary dwelling.
I NATURE PA E FOLL WS
3
Assessor's Map 68, Parcel 28.3
69 Milestone Road
Limited Use General 3 (LUG -3)
Dated: , 2017
Nantucket, ss.
Certificate of Title No. 22492
Land Court Plan 36941 -D
t ,ot 7
an McCar
im Koseatac
Geoff Thayer
COMMONWEALTH OF MASSACHUSETTS
On the day of '� , 2017, before me, the pursuant signed notary public,
personally appeared ��� S. -Tao e , 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.
s a 'c, DORIS C. STRANG
aAQ1-�
c Notary Public
otary Public: tdassachusetts
My Commission Expires: QC- 010ftY Q 202o Commission Expires Oct 9, 2020
- "EXHIBIT A"
CURRNT ZONING CLASSIFICATION: - - -
Umitad Use Can ... 1 3 (LU.0. -3) Exlating: -' - - -
MINIMUM LOT $IZE 120,000 S F 1J0 680
-
FRONTAGE .200 FT SEE PLAN - - i�[IL�/
..
- FRONT:
<fRON/T. YARD SETBACK 35 FT -:SEE PLAN
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No. 35369
. - OF LAND IN
2 00, NANTUCKET, MASS.
68 -461
THIS PLOT PLAN WAS PREPARED FOR THE TOWN 6 MILESTONE CROSSING LLC �- SCALE: 1"m 4.6 DATE: JANUARY 24, 2017
OF NANTUCKET BUILDING DEPARTMENT ONLY AND AfAXFELL X P. X7M.A(ARCARXr ANN XON t
SHOULD NOT BE CONSIDERED A PROPERTY LINE 68 -460 Owner. BDIIARD F. 1e771;1C
NOT BE - N/F; ' ' ' ' ' '
SURVEY. THIS PLAN SHOULD USED TO
ESTABLISH PROPERTY LINES, FENCES, HEDGES OR CARL F. MUkRAY tr
ANY ANCILLARY STRUCTURES ON THE PREMISES ANN H. MURRAY Cart: 22'1.92.. LC.PLgn: -D (LOT 7),
.36941
THE PROPERTY LINES SHOWN RELY ON CURRENT
DEEDS AND PLANS OF RECORD. MILESTONE ROAD
,69
THIS PLOT PUN IS NOT A CERTIFICATION AS TO Locue: . . ......... .
TITLE OR OWNERSHIP OF THE PROPERTY SHOWN.
OWNERS OF ADJOINING PROPERTIES ARE SHOWN - BLACKULL and ASSOCIATES, I'Tw.
ACCORDING TO CURRENT ASSESSOR RECORDS PTO,f8SSt0TMLC Land Surveyors
ASSESSOR MAP: .68... ,PARCEL: 28 3 ... 20 TEASDALE CIRCLE
NANTUCKET, .MASS. 02554
(508) 228 -9026
T: \LEO 25 JOB 49 - - p/ Dry
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