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HomeMy WebLinkAbout19-17 69 Milestone Road1=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 LU LU J tJ a- ' --. m C! Few; $450.00 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. a Obby Lon w0� �O ab 0 c 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 PARKING ORJVEWAY J SiR!! _L?i yyF • S7R11CTi/Ri j A °479 F.F-± tXY5' " ' CRA-'X nRiVFWAY a'XJS74VG rAxInNG cccJl, 1 -°- .i. 2 STRY. I 1. SfRZc1UP,£ ) ?Ri'1JJiRY A =7,7.0 Sf J f.:lJlJ. PORCH ---s ��y f WIF SHFO T-SRN.iC71A?t 1 P =214 St.# RA.SIP j DEL?( 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. ------------------------------------- - - - - -- cn Z Liu � W L L t FM ti 4 W O cn L) nr Cl) =) _ H z am N Z d. ° F LU LL g oz �q x w Z2 O 00 O J Z — O y 1� 0 O H I l F- W O M U W � ~ p t' cc cn w cn a cn cr Z H � 3 W ° 0 a O w O J O =OoC H � Z UZoOOD aavnc w ° Q F- a0 FaZz LL ci °o OWz= Q M -ww W Oz� cna�, =zw� o�rz� z 0QM cn cr. a�Q z Cj) =0 O H F- L) a W =Z�o Q z cn F- W U W W 5: L) H cnWOQ ° z C� LL ZzF- Z 0 Q ui U CC W Q = N Z E- W Z ch z cn a a� Zo =® J_ Z cc D �OOm a: oC WO LLI U Q cn Z Ow cc cr. 'a^^ p c / cc ma ww Om z� am WW cc Q Z° O° CL Z � a °° W w D cn cn cn wz Od w J m j Z cn Q az U o ®W LL cn Oz W ° QW cr U �O F' W cr. c: W J U as cc Q OZ W (n O i- H =J W Uo a wV W 2 NO F- Ln Z L� O Uw 0 a z °z a �° oz M cc 6 U_ LL w a 20 Z za O U �o a c� Z Z cc Q O w W zwm W E U C/) 020 p U 2 Q mva m Q O } cn cn Z Q C LU UJ Q w °C - U (n E a Q =W< 2 LL F- a F- i v; m 0 U w CL U) z c� z 'o J_ m 1' Q o M V 0 w (Z Z w 0 Z J W 2 r� C = a O Z O u- s .;,- Z J (1 �y Q Q Z Z H M L LL Z J �, o d �7�- Q C'3 Lill s = w 2 —� Li --� Q w Z = L Q LL a- m 0 U w 2 LL Z O Z w Zo =fig o D > > w Q O O O M Z LL LL cc ? LL l co I i 0 �I zl 3 N h ti —i"9'24' s MTL t STpAlc- 200.00' ' i " UAD EXISTTNG ir S 65 S.F. LOT 7 130,680 S.F. THE STRUCTURES 57 2 ° °00 9.24' , ARE LOCATED AS SHOWN F,P 02� JOHN J. o SHUGRUE U No, 23529 JVIE N 'Ty �HUGRyi PLS '� gFG1 TEQ� D PTEMB R 2 2003 oN ASSESSORS MAP 68 /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 / e PARKING SPACE / DULxk!! AD / \ EXISTING / /DWELLING 689 S.F. / PARKING SPACE / �5 EXISTING 1 STUDIO 433 S.F. I PARKING I SPACE � h U DECK = EXISTING ' DWELLING 1,102 S.F. i EXISTTNG ir S 65 S.F. LOT 7 130,680 S.F. THE STRUCTURES 57 2 ° °00 9.24' , ARE LOCATED AS SHOWN F,P 02� JOHN J. o SHUGRUE U No, 23529 JVIE N 'Ty �HUGRyi PLS '� gFG1 TEQ� D PTEMB R 2 2003 oN ASSESSORS MAP 68 /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 n 1 i t I 1 i t N E W i 1 1 SUBDIVISIGA PLAN OF i.A_ND IA NA714TJCKET Miclmel S. Bacbr.•esi, Surveyor }eeemter 10, 1979 4 Pkm can 5 No. 369419 Vo. J823 ---I wfAe i ROAD N - Henry Coffin, ✓r e/ of Corr. ft. 6a94 Subdivision of tart of mot 2 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 000 T f Cj S w V151 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 a H E N H E a� aU E-4 H E �z U z 0 0 0 H z z Z fn H 0 m N N O N 0 cG n: a ° 0 a 5 U U U W W W W W W O O O O O O z z z (F/] !F/I z lF/l U lH O O O a a a a a a w w w £ s s a v o a N N N N N N N m N N N N N N N N m 0 0 0 0 0 0 0 0 0 W W w w w W W F W U U U U O D U O U o❑ o 0 0 C3 a o z z z z z z z m z z z z z z z z 3 z 0 Z C7 Z N ❑ H m Q w ❑ O O 0 ❑ a ❑ ❑ a a o a a a U a W F U z F O z z z z W O m F 0 0 0 O z F 0 F E H CL O W Q a W W W N a V1 a a£ a a a o m a £ W £ £ £ W H N £ o El N F F N N F F W W a o a > o W N a Q a W o m a w �] H .] U Q G z �d F z z a Q h P] V W r a ❑ F a O z 4 C o 0 0 u a E+ ❑ z H a F v1 F Q a w '0 h ❑ H Q Q 2Q l W W 7 a 0 Ox .a ❑ a a W a G. V W a H £R ❑a a W a z a W W 14 z W" U O F Q D `.4 Q n W E m a rW-1 F z U h O C E a z❑ z z£ a E H m z a x w z z -� Ol O N N f7 N N N N C G' C Q P W W m m m m N N l0 tD �O �O 10 l0 l0 54 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 K , 2JR RCt1N01DCOVER RO�� - . tx1N - -.. 9jKE F.I. _ CR A 2.9SP .. - _ rH ' - - _ COBBLE STONE . 2000.2, - APRON all DENOTES CONCRETE BOUND W/DRILL HOLE FOUND - O - DENOTES REBAR FOUND." - - - - - 2 S7RY. STRUCTURE LP BULKHEAD ACe PARCH - `672. Al - DECK GRAVEL DRIVEWAY TBB' DECK I STRY. W/ - BULKHEAD STRUCTURE 68 -?8.4 . A =419 SFt H ROBERT J- C MPESE & - n� SUSAN G. CAMPfS£ ' b 68 -28.2 _ OYEL0 AZUL REAL T/ TRUST � e . DECK DECK - - - 2 STRY. w/r STRUCTURE - . _ A =1,710 S.Ft - PWH `SJot_ 1 STRY IF STRUCTURE ' A -274 S. RAMP . - - - DECK oc IilAp(yyELL - 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 11Q V: \DRAWFILES \87114 \BLP.dwg 1/24/2017 1: 59: OB PM EST