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HomeMy WebLinkAbout25-17 44 Arkansas AvenueFee: $450.00 PdAN ' j`_,1. v1CLEa C i i i E 2017 JUL 31 PM 3: 13 TOWN OF NANTUCKET \� BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Owner's name(s): Peter Rowe and Betty Santini File No. f— Mailing address: 4 Emmonsdale Road, West Roxbury MA 02132 Phone Number: 617-799-7502 E -Mail: prowe48&gmail.com Phone Number: 785-633-8926 E -Mail: chriskcareycompanyinc.com Locus Address: 44 Arkansas Avenue Assessor's Map/Parcel: 59.4-150 Land Court Plan/Plan Book & Page/Plan File No.: Lot 470, 3092-40, Sheet 3 Deed Reference/Certificate of Title: 25844 Zoning District VR Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwellings 1 Duplex _ Date of Structure(s): all pre -date 7/72 pre -dated 1972 Building Permit Numbers: Previous Zoning Board Application N Apartments 2FairgroundsRoad Nantucket Massachusetts 02554 508-228-7215telephone 508-228-7298facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: (SEE ATTACHED ADDENDUM) I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Owner* r 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 with Town Clerk:_/_/_ Planning Board:_/_/_ Building Dept.:—/—/— By:_ Fee deposited with Town Treasurer:—LL By:_ Waiver requested: Granted:_/_/_ Hearing notice posted with Town Clerk:_/_/_ Mailed:—/—/ - 1&M—/—/— &_/_/_ Hearing(s) held on:—/—/— Opened on:—/—/_ Continued to:—/—/— Withdrawn: /—/— Decision Due By:_/_/_ Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_ 508-228-7215telephone 508-228-7298facsimile A review of the aerials clearly indicates that the dimensional issues affecting this lot, and particularlyim rear decks, are consistent with the other units throughout the 10 complexes but not affecting the single-family dwellings in Tristram's Landing development. Photos have been included in this packet showing the existing deck. Similar Special Permit relief has been granted by the Zoning Board of Appeals in Decision 051-05 to 76 Arkansas Avenue in a unit in a 6 -unit complex southwest of the locus. In that Decision, included in the packet for review, an additional 14 feet and a spa were allowed to be constructed onto a first -floor deck. Like the subject lot, this lot is 24 feet wide and larger than other units in the complex. A grant of Special Permit relief could be granted for the deck extension, existing storage unit to remain, rebuild of the existing shower in its present location and addition of stairs to the second -floor deck as the nonconforming zero setback distance will 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. Variance relief may be supported by finding that owing to circumstances relating to the topography and shape of the lots and the structures, attached time-share units with zero lot line setbacks on narrow lots, of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, these complexes are an anomaly in the VR zoning district, a literal enforcement of the provisions of this chapter would involve substantial hardship, financial or otherwise, compliance with the 10 -foot side yard setback would render the lot unbuildable, to the petitioner or appellant, 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 such bylaw. Applicant offers as conditions of a grant of Special Permit relief: no further expansion of the deck without further relief from this Board, the expansion of the at -grade deck is limited to 12 additional feet, which includes a stairway to the second -floor deck, maintaining of the existing storage unit and rebuilt shower, and expansion shall be in substantial compliance with the HDC COA #67626 as may be amended from time to time. As the deck is under an existing second -floor deck that is already sited at zero feet, Applicants are seeking a zero side yard setback for the deck expansion to match the second floor deck. Town and County of Nantucket, MA 1/, 1U1/ - I 265 2 PJ waSP`� 59.4133`2 59-41Z26% PS 6 ' q.p 262 59 15 260 OP 59.4 271 264pJ 59.41 , .� 59T4f21b f 5 J7:4 40 �rfJ�.4 'IJ A49 �P PW 01Valli 41 51.5Ql4 39 3 7o V `t GG2J ,'59-'T3b ' - 59.325 �QJ 59 4 JA 59.4 31 S 59.317 -�- tPo gle j=; no Property Information Property 59.4150 ID Location 44 ARKANSAS AV Owner ROWE PETER C & BETTY SANTINI 62 59.3 v L •'oJ6ptto MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town and County of Nantucket, MA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated December, 2014 Properties updated 07/17/2017 1"=134ft Town and County of Nantucket, MA July 1 /, 1U1 Property Information Property 59.4150 O Location 44 ARKANSAS AV Owner ROWE PETER C & BETTY SANTINI r b x w "^OMticN` MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town and County of Nantucket, MA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated December, 2014 Properties updated 07/17/2017 DHCB FND. FND. NOTE: LOT SHOWN HEREON PREDATES NANTUCKET ZONING 8Y LAWS. T 81T %ps s, LOT 4701 r AR�£A=S,210f� F. �y S TOS Ate, tip a F C`� F 1 � srs, CURRENT ZONING: VR MINIMUM LOT SIZE: 20,000 S.F. MINIMUM FRONTAGE: 100 FT. FRONTYARD SETBACK: 20 FT. SIDE AND REAR SETBACK: 10 FT. ALLOWABLE G.C.R.: 10% EXISTING G.C.R.: 9.4% t FOR PROPERTY UNE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. DHCB FND. F �+ STEPHEN J. SULLIVAN No. 37060 G STERti� ��, 4 40 ;10/ DHCB FND. ti soO ss O. s DHCB FND. 01 9 Sy' tit �9 SHEET 1 OF 2 PLOT PLAN to ACCOMPANY a ZB.A. APPUCA nav for 144 ARKANSAS AVE: /N NANTUCKET, MASSACHUSETTS SCALE- 1'=6O' DATE JJNE 27, 201 DEED REFERENCE CERTR5844 PLAN REFERENCE.-LCPLI"2-40 ASSESSOR'S REFERENCE MAP.• 59.4 PARCEL: 150 PREPARED FOR. - PETER C ROW and BETTY SANAN/ ROWF EARCE & SU U M1( Mir- PROFESSIONAL VGP1ROFESSIdVAL LAW SERWYO1RS 6 YOLM S WAY AMANMCNET, MA. a? 54 5018 -JM -f" rl- u, NOTE: LOT SHOWN HEREON PREDATES NANTUCKET ZONING BY LAWS. CURRENT ZONING: VR MINIMUM LOT SIZE: 20,000 S.F. MINIMUM FRONTAGE: 100 FT. FRONTYARD SETBACK: 20 FT. SIDE AND REAR SETBACK: 10 FT. ALLOWABLE G.C.R.: 10% EXISTING G.C.R.: 9.4% t FOR PROPERTY UNE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. SHEET 2 OF 2 PLOT PLAN to ACCOMPANY a ZB.A. APPL/CA77ON for 144 ARKANSAS A W. /N NANTUCKET, MAS&01CHUSETTS SCALE 1'-20' DA 7F JJV-r 27, 201 DEED REFERENCE.• CERT.#25844 PLAN REFERENCE.• L L; PL1.3092-40 `tH p ASSESSOR'S REFERENCE Asa! MAP.• 59.4 PARCEL: 150 STEPHEN c.£ PREPARED FOR. - J. PE7ER C. ROMF and SULLNAN j> BETTY SAN77N/ ROME No. 37060 iqe EARL£ & SULIVAN, Ar- fl-CIST �� ��� PROFESSIOVAL LAAV S7A?tfX 1RS 11 DLA?T OP LA'7D IIT *NANTUCK�:1' 5092-40 Rssex Survey Service Inc., Surveyors SHEE T / of May 20, 1971 440 6 It 90 m h ;\ v� -6 \ to - _--o cB. 40.00 ooy1 N(40.00 Wide) 33 40 OAKLAND Sr Subdivision of Lots 408 to 410, 412 to 415, 417 to 429, 441, 443 and 444 Shown on Plan 3092-34 Sheots 2 and 3 Filed with Cart, of Title No. 5.995 Registry District of Nantucket County Separate certificates of vVe ma be issued for /and Show/1 ood_17/L V--* Z�_3_4 _44Is 4561hru 476 By the Court. LAND R£61STRATION OFRC£' y MA Y 27 /97/ A'� /// _ 4;z---- S',TFDjirTSTON Scale of this pian 8O fert fo an u�aliMAULA97J_ - ---------Reco r�� icesa. ssao•i•n q 2 a c l { 0 2 a O � 3 <` 1 _Q Q) 0 Q q H O N ;\ v� -6 \ to - _--o cB. 40.00 ooy1 N(40.00 Wide) 33 40 OAKLAND Sr Subdivision of Lots 408 to 410, 412 to 415, 417 to 429, 441, 443 and 444 Shown on Plan 3092-34 Sheots 2 and 3 Filed with Cart, of Title No. 5.995 Registry District of Nantucket County Separate certificates of vVe ma be issued for /and Show/1 ood_17/L V--* Z�_3_4 _44Is 4561hru 476 By the Court. LAND R£61STRATION OFRC£' y MA Y 27 /97/ A'� /// _ 4;z---- S',TFDjirTSTON Scale of this pian 8O fert fo an u�aliMAULA97J_ - ---------Reco r�� icesa. ssao•i•n q 2 .+ Ln o� Z z w 0 A N o Z C W o E• a CIO o Q S4 H CA W' c ~ LU F �y o U � coLU W a. m d W z 10 7 3092-401 SHEET 3of3 476 Sea sheet C,.D-s S/0 A7 o1�JY CanOti Carl 70 Iva 3/BB /nom Scale of this plan 50 feet to an inch S 51000' W r5lo 00 Lo F ki ARKANSAS Rg CB. ?o 4 Cs. Ib �61� AkL , CI) Ab 6/591 .DI 1,4- , , " ,, - a V2 h) 5 04 % Ci 0 . 0 CB It 40 to CB. 39- s 4 07"W 476 Sea sheet C,.D-s S/0 A7 o1�JY CanOti Carl 70 Iva 3/BB /nom Scale of this plan 50 feet to an inch S 51000' W r5lo 00 Lo F ki m 0 CT 61911 REcrt^^. ED FOR REGISTRATION �0'CIOC�� , o m R/ M Die Fla Li Led with Catifwou A6 (D � z Z Assictnnt z= r; n g11%*, -9 at R z i ° v 9 Z N Fo- r( W x a L � H Y p G � ® V I� z i ° v 9 Z N Fo- 3 � W x a • AS x • H p G I, Lindsey R. Perry, Trustee of Madaket Realty Trust, under a Declaration of Trust dated February 29, 1968, registered with Nantucket Registry District as Document No. 10818, as amended, f Topsfield, Essex Bda*County, Massachusetts i uvco* for consideration of SIXTY THOUSAND ($60,000) DOLLARS paid, nt to MARTIN M. RUTCHIK and RONA S. RUTCHIK, husband and wife, as joint tenants and not as tenants by the entirety, bXN,KtMt who reside at 25 Carol Avenue, in Norwich, Connecticut, with quitelaim covenants, e land, with any buildings thereon, in Nantucket, Nantucket County, Massachusett bounded and described as follows: NORTHWESTERLY by Arkansas Avenue as shown on a plan hereinafter mentioned, twenty (20) feet; NORTHEASTERLY by Lot 471 as shown on a plan hereinafter menti on two lines measuring one hundred ninety-seven 27/100 (197.27) feet and eighty (80) feet, respectively; SOUTHEASTERLY by Lot 476 as shown on said plan, twenty-four (24) feet; and SOUTHWESTERLY by Lot 469 as shown on said plan, on two lines measuring eighty (80) feet and one hundred ninety- three and 96/100 (193.96) feet, respectively. tEING shown as Lot 470 on a plan entitled "Subdivision Plan of La I Nantucket" dated May 20, 1971 drawn by Essex Survey Service, I filed in the Land Registration Office as Plan No. 3092-40, a copy of which is filed in Nantucket Registry District with Certificate B of Title No. 6322. The above-described premises are conveyed subject to and with the benefit of rights, easements and restrictions as set forth in Document No. 12712 noted on Certificates of Title Nos. 5995, 6222 and 6223. TOGETHER WITH the right, as appurtenant to said Lot being conveyed, to pass and repass on so much of Lots 411, 416, 418, 456 through 467, inclusive, in common with others entitled thereto, which lies between Arkansas Avenue and lines A A, B -B, C -C and D -D and which lies between Oakland Street and lines E -E and F -F as shown on the aforesaid plan; the Grantor hereby reserves for himself and his successors in title, as appurtenant to all -lots shown on the aforementioned plan, the right to pass and repass on so much of the lot herein conveyed which lies between Arkansas Avenue and said line C -C denoted on said plan. Said Lots 411, 416 and 418 being shown on Plan No. 3092-34 filed with Certificate of Title No. 5995. All other lots being shown on Plan No. 3092-40. TOGETHER WITH the right as appurtenant to said lot being conveyed to use, in common with others entitled thereto for park, welfare recreational purposes Lot 476 as shown on said plan No. 3092-40. 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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 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 received within such TWENTY (20) days. 1 e_ (.Ll. (��1 j'�S 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 $139-30I (SPECIAL PERMITS); $139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. 113616 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET' NANTUCKET, MASSACHUSETTS 02554 Assessors Map 59.4 76 Arkansas Avenue Parcel 42 Land Court Plan 3092-34 R-2 Lot 416, Cert. of Title 17,578 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P.M., Friday, August 12, 2005, in the Conference Room, Town Annex Bulling, 37 Washington Street, Nantucket, Massachusetts, on the Application of DONE' :YN PRESLEY BOURN, of 76 Arcansas Avenue, Nauttrcket, MA 02554, Board of 6Q Appeals File No. 051-05, the Board made die following Decision: UU n I . Applicant is seeking relief by SPECIAL PERMIT under Nubicket Zoning By- law Section 139-33A (alterationlexpension of a pre-existing nomconfvrmiag ase). Applicant proposes to extend an existing first -0 deck by about 14 feet in a southwesterly direction and constrict an outdoor shower and shurcew under the existing second -floor deck and within the existing footprint of the existing first floor deck. The new deck would include an about 6' x 6' spe. Neither the deck nor spa would come any closer to the side yard lot lines than the existing structim or deck. As the Applicant's unit is part of a group of six conjoined town houses in the Tristram's Landing complex, the dwelling has a zero side yard setback and the deck also runs from lot line to lot line in a zoning district that requires a minimum side yard setback of ten feet. None of the units meet the side yard setback requirement and are said to pre -date the 1972 enactment of the Zoning By-law. The Premises is located at 76 ARKANSAS AVENUE, Assessor's Map 59.4, Parcel 42, Land Court Plan 3092-34, Lot 416. The property is zoned Residentiel-2. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence meted at the Hearing. The Planning Board made no endatian finding that the matter did not present any issues of plarining concern. On file was a letter from 11 abutters proximate the Locus in support of the Applicant's project, including four of the five other owners of units in the same attached townhouse complex. 3. The Applicant rtiod that she is the owner of a unit that is one of six attached town houses. The other units vary from 12 feet wide to 16 feet, with the Applicant's being the largest at 24 feet wide, with all units having a zero side yard setback with the common walls dividing therm. The units had originally been dated as time-share units on one lot and at a point in the past, prier to the 1972 enactment of the Nantucket Zoning By-law, the units were subdivided into fee simple ownership. Applicant proposes to alter and expand a pro -existing nonconfonning dock by extending it at the ground level back into the rear yard area by about 14 feet. Said new deck would continue at zero setbacks to link up with the immediate neighbor to the southeast as there is a deck that extends out about 12 feet at zero setbacks as well, and would be no closer to the side yard lot lines than Applicant's existing deck and structure. The deck would also 113616 contain a 6' x 6' spa. Under the existing second -floor deck and within the footprint of the existing first -floor deck, the Applicant is also proposing to cold an outdoor ghovwer and screened circular staircase to the second floor. All have been approved by the Historic 17istrict Commission. The area has 12 other such complexes that have all been divided into fee simple lots, all with zero side yard setbacks, and were all construes in the mid 1960's, prior to the 1972 enactment of the Nantucket Zoning By-law and thus grandfathered as to the setback nonconfornities. There would be no intrusion into the required front or rear yard setback areas and the lot and the ground cover would continue, to conform. Applicant stated that there were many such docks looted on the rear sections of these units sited at zero feet and adding 14 more feet at ground level would have no impact on the neighborhood The back yard is heavily screened by existing vegetation and an existing extensive playground set. 4. Based upon the foregoing, the Board finds that the area is largely comprised of attached townhouse units with zero side yard sedxwJ s. The Board also finds that the area is now zoned Residential -2 with a required minimum side yard setback of ten feet, and should that be applied to these lots, in some cases there would be a negative building envelope, and in the Applicant's case a four -foot building corridor, not large enough to place even the 6' x 6' spa without encroaching into the required setback areas. The Board notes that the other units in this complex all have decks extending out the back and at zero side yard setbacks. In addition, the Board finds that there would be an increase of massing within the required side yard setback areas with the construction of the deck addition, stairway and outdoor shower, but said additions would not come any closer to the side yard lot lines than the existing structure or dock, and would not be substantially more detrimental to the neighborhood than the existing structure. In response to concerns expressed by some Board Members abort the proposed zero side yard setback of the new deck, Applicant agreed to site the new deck no closer than one -foot from the southeasterly andnorthwesterly side yard lot lines. 5. Accordingly, by a vote of four in favor (Wain, Sevrens, Loffin, Koseatac) and one opposed (Toole), the Board GRANTS the requested relief by SPECIAL PERMrr under Nantucket Zoning By-law Section 139-33A to allow the project as proposed, including the outdoor shower and new staircase, based upon the following conditions: a. The new deck addition shall be limited to a maximum of 14 feet; b. The additions shall be in substantial conformity with the Certificate of Appropriateness No. 46,446, approved by the Historic District Commission, as may be amended; and C. The new deck addition shall be sited no closer to the southeasterly and northwesterly side yard lot lines than one foot (BOA File No. 051-05) Daftd August 1% , 2005 113616 eine Edward S. Toole 4 'y `moi - ��� �i `•♦ Y �3 t �i ,�.: r:�iG .� � 1 t f s •• � , 113616 8 CER TIFICATE NO: ✓� DATE ISSUED: Application to the HISTORIC DISTRICT COMMISSION, Nantucket, Massachusetts, for a CERTIFICATE OF APPROPRIATENESS for structural work. All blanks must be filled in using BLUE OR BLACK INK (no penciQ or marked WA. NOTE: It is strongly recommended that the applicant be familiar with the HDC guidelines, Building with Nantucket in Mind, prior to submittal of application. Please see other side for submittal requirements. Incomplete applications will not be reviewed by the HDC. This is a contractual agreement and must be filled out in ink. An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 of the Ads and Resolves of Mass., 1970, for proposed work as described herein and on plans, drawings and photographs accompanying this application and made a part hereof by reference. The certificate is valid for three years from date of issuance. No structure may differ from the eoproved application. Violati Occupancy. on may impede issuance of Certificate of PROPERTY DESCRIPTION rAX MAP N°: Jr�Y . PARCEL No. ISO Street & Number of PProposed Work: ` zi %%r 2;,-' C c Dwner of record: 7/ - Wil,/{� MailingAdaress: �r mG nslla•J� J�� /}� ) contact Phone #: — 7 -mail: AGENT INFORMATION (if applicable) Vame:_ i rJ 11 3 , C t Nailing Adc ress: PO t5OX - S7:2 :ontact Phone #: 7 S (a-)3 - E-maiCCrl - i C � rA n ! :1 New Dwolling El Addition ❑Garag Color Change ❑ Fence ❑ Gate Pool (Zoning District ) ❑ Roof FOR OFFICE USE ONLY Date application received: 2- ) '1 r 1 Fee Paid: $ Ina . w) Must be acted on by: ,! 7 Extended to: Approved: Disapproved: Chairman: Member: S 6'lfC(.LYI Member: Member Member: Notes - VMments - Restrictions - Conditions ` DESCRIPTION OF WORK TO BE PERFORMED See reverse for required documentation. e ❑ Driveway/Apron ❑ Commercial ❑ Historical Renovation Ld'Deck/Patio ❑ Steps ❑ Shed ❑ Hardscaping ❑ Move Building ❑ Demolition ❑ Revisions to previous CerENo. ❑ Other oize of Stru� lure or Addition: Length: Sq, Footage 1st floor: Width: Sq. footage 2nd floor: Sq. footage 3rd floor. )ifference between existing grade and proposed finish grade: North ieight of ridge above final finish grade: North South additional Rem r Decks/Patio: Size: Size: (est floor ❑ 2nd floor 111 st floor ❑ 2nd floor South East West Fast West listoric Nan e: REVISIONS' 1. East Elevation )riginal Date: (describe) 2. South Elevation- Xiginal Builder: 3. West Elevation s there an F DC survey form for this building attached? ❑ Yes ❑ N/A 4. North Elevation Cloud on drawings and submit photographs of existing elevations. DETAIL OF WORK TO BE PERFORMED Foundation Height Exposed ❑ Block ❑ Block Parged ❑ Brick (type) Cl Poured Concrete ❑ Piers Masonry Chimney: ❑ Block Parged ❑ Brick (type) ❑ Other" Roof Pitch: Main Mass /12 Secondary Mass !12 Dormer 112 1. Other Roofing material: ❑Asphalt: 03 -Tab ❑Architectural ❑ Wood (Type: Red Cedar, White Cedar, Shakes, etc.) Skylights (fiat only): Manufacturer Rough Opening Manufacturer Rough Opening Gutters: L Wood ❑Aluminum ❑ Copper ❑ Leaders (material) Leaders (material and size):_ Sidewall: C White cedar shingles ❑ Other Size Fence: Height: Type: Length: Location Size Location ❑ Clapboard (exposure: inches) Front ❑ Side ❑ frim: A. Wond ❑ Pine ❑ Redwood Gr6eclar ❑ Other B. Treatment ❑ Paint 941a'tural to weather ❑ Other C. Dimensions: Fascia Rake Soffit (Overhang) Window Casing Door Frame Columns/Posts: Round Square Nindows': I J Double Hung ❑ Casement ❑ All Wood ❑ Other C 7 True Divided Lights(muntins), single pane ❑ SDUs (Simulated Divided Lights) Manufacturer ]oors' (type and material): ❑ TDL ❑ SDL Front Rear Side Garage Door(s): Type Material landscape materials: Driveways Walkways Walls Note: Complete door and window schedules are required- . COLORS Comer boards Frieze iidewall Claphnard (if applicable) Roof -rim RIG.1 � / -/76 L✓a �1 �` Sash poor )eck Foundation Fence Shutters Attach manutac[urer's color samples if color Is not from HDC approval list. _ - hereby authorize the agent named above to act on my behalf to make changes in the s tions or the pldns contained in this application in order to bring the appRca- on Into comp iance with the HDC guidelines. I h6reby agree to abide by and comply with ,terms a co ' 'ons of this application. I hereby agree that the submission of my revisions to this pplication will initiate a new sixty-day review period. )ate _ D7 Signature of owner of record Sl under Penattles of perjury I own ana County OT NantuCKet, MA 44 Arkansas reDruary zu, Lul P 594210 r, ; '§+ 59:4265 " - 5907 y p 2 '259 "253 Sd 41 59.4310;. - 43 59.484 Ito "DWEf ND 14 zCa" z `6+Dt„ADAKET ' RD .�] - 59.4 -.-, P, 59.4315; , .24 �# 5967 asp 594`1 6 9. 248 A, A7f �59-436539 9.4 365 - 59.4 213 �. 2 ,:. 'S 39 V 252 � 1�yy 59.4348?b7y 59 4368 59A 212 t- J_.. P ,x .•.7 tom/ 254.pT" � 594111-.�:. 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West Roxbury, MA. 02132 July, 15, 2017 617-799-7502 prowe48@gmail.com RE: Zoning Variance Application —44 Arkansas Ave. Nantucket, MA. 02554 To Whom it may concern: Please be advised that I have authorized Chris Carey, from the Carey Company Inc., to be my representative for my Zoning Variance Application to expand the rear deck at my property at 44 Arkansas Ave., Nantucket, 02554. Please extend to him all the necessary rights and privileges to act on my behalf in this matter. Thank you. Peter Rowe R Town of Nantucket Zoning Board of Appeals 6pg9O oFq /��O ✓U4 .1419 SSFssogs 2 �� 1'%, 1/ Nq� Mq LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: �� c� t�� �©tee PROPERTY OWNER .............. .................7.. ....................... MAILING ADDRESS.. y/=rh�DN5G��•�..k. !�..!.. . v `? .. .................. ..... . ... . PROPERTY OC ON �! /1 ,�J', 5 N "` �� T L ATI .; ..................... ASSESSOR MAP/PARCEL ..� .�� .... ���.t`.P . / .. .. . U .............. 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Q, C� N N No Lnn N 1a M M M M M M M C' C C C Ol an n In n 0 Ol 01 Ol 01 01 CM M M M Ol Cil 61 Ol M M M M M M Ol Ol Ot O C. n f) n n N n n In N to n U) In o to Lo to N LO 0 to Ln to N N Lnn_ - _ - _ _ - LA I z WI t N m z 3 O 2 O 4 O r£y U £ �C z H 0 (D N a z z x M o H w F:c a x a H O U H F w H W z z w a a a a O F >+ a a x a rz H W VI W O O W W z r1 > U a w a m F m C:) r m c in n N Lr) Ln � c » >+ 0 3 3 a a U W W O O U U F40 a FC 0 o w w m E o 0 U O O N N - U U rd %D �o i11 N N ID �l'I r IO M O O O cD N Q N O V' NN N N N 0 0 0 0 E �C rC r1 m > > I z WI t N m z 3 O 2 O 4 O r£y U £ �C z H 0 (D N a z z x M o H w F:c a x a H O U H F w H W z z w a a a a O F >+ a a x a rz H W VI W O O W W z r1 > U a w a m F m C:) r m c in n N Lr) Ln � ADDENDUM Applicants are seeking Special Permit relief pursuant to Nantucket Zoning By-law Section 139-30 from the provisions of Section 139-33A (Pre-existing nonconforming uses, structures and lots). Applicants propose to extend an existing about 8 -foot deep first -floor deck by adding about 12 -feet in a southeasterly direction on the rear of the unit. As part of the deck expansion the existing storage unit will remain unchanged in its present location on the existing deck, the existing outdoor shower will be rebuilt in the existing location on the existing deck and a set of stairs to the 12 -foot deep second -floor deck will be constructed on the new portion of the deck. All three (3) will be sited within the now required 10 -foot side yard setback area. In the alternative and to the extent necessary, Applicants are seeking relief pursuant to Nantucket Zoning By-law Section 139-32 front the provisions of Nantucket Zoning By-law Section 139-16A (Intensity Regulations — setbacks) to allow construction of the deck as proposed. The subject townhouse unit (one of 50 such units, all but two are individually owned) is situated in the center of five (5) similarly attached units all with zero lot lines. There are 10 such attached time-share complexes in Tristram's Landing subdivision. These lots were created through ANR plans in the late 1960's and early 1970's' prior to the August 1972 approval of the Nantucket Zoning By-law that set minimum dimensional standards. According to the developer's son the complexes (35 units) built on the Arkansas Avenue side of White Goose Cove (numbers in the 400s, with this lot being Lot 470) were built the earliest. The group constructed on S. Cambridge Street were built between 1974 and 1975. It would appear the Assessor's Office at the time put the 1974 date on all 50 units though a majority were actually constructed prior to the 1972 adoption of the Zoning By-law and thus are grandfathered. The son further stated that his father pulled building permits for all units at one time prior to the on- coming zoning in order to grandfather them as to all dimensional/use requirements. Subject Lot 470 was created through Land Court Plan 3092-40 dated May 20, 1971 with 20 feet of frontage and with all lots having a zero side yard setback in a district that requires a minimum frontage of 100 feet and a minimum side yard setback of 10 feet. The 10 complexes contain various numbers of attached units but all units have zero lot line setbacks. However, the units comply with front and rear yard setback requirements. The lot is also nonconforming as to maximum height in the Village - Residential District of 25 feet and minimum lot size of 20,000 SF with an actual lot size of about .14% of an acre (@6,098 SF). Applicants propose to extend the rear yard at grade first -floor deck an additional about 16 feet under a larger existing second -floor deck while maintaining the zero setback. Decks on the units on both sides, and in all other units in the 10 complexes, have similar second floor decks all at zero -foot setback, with several with first floor decks under them. The extended first floor deck would extend about eight (8) feet beyond the existing second floor deck. The HDC approved the expansion of the first -floor deck in COA #67626. The expanded deck would come no closer to the rear yard lot line than the deck on the immediate abutting unit to the southwest. hc C;V." .25-1TTK - '7,0VIN CLERK' ADDENDUM 2017 AUG 23 PM 3: L EZd Gi AU3 21 M7 Revised 8/21/20170 )ED Applicants are seeking Special Permit relief pursuant to Nantucket Zoning By-law Section 139-30 from the provisions of Section 139-33A (Pre-existing nonconforming uses, structures and lots). Applicants propose to extend an existing about 8 -foot deep first -floor deck by adding about 12 -feet in a southeasterly direction on the rear of the unit. As part of the deck expansion the existing storage unit will remain unchanged in its present location on the existing deck, the existing outdoor shower will be rebuilt onto the new deck approximately four (4) ft. toward the rear, away from the exterior wall of the building and a set of stairs to the 12 -foot deep second -floor deck will be constructed on the new portion of the deck. All three (3) will be sited within the now required 10 -foot side yard setback area. In the alternative and to the extent necessary, Applicants are seeking relief pursuant to Nantucket Zoning By-law Section 139-32 from the provisions of Nantucket Zoning By-law Section 139-16A (Intensity Regulations — setbacks) to allow construction of the deck as proposed. The subject townhouse unit (one of 50 such units, all but two are individually owned) is situated in the center of five (5) similarly attached units all with zero lot lines. There are 10 such attached time-share complexes in Tristram's Landing subdivision. These lots were created through ANR plans in the late 1960's and early 1970's' prior to the August 1972 approval of the Nantucket Zoning By-law that set minimum dimensional standards. According to the developer's son the complexes (35 units) built on the Arkansas Avenue side of White Goose Cove (numbers in the 400s, with this lot being Lot 470) were built the earliest. The group constructed on S. Cambridge Street were built between 1974 and 1975. It would appear the Assessor's Office at the time put the 1974 date on all 50 units though a majority were actually constructed prior to the 1972 adoption of the Zoning By-law and thus are grandfathered. The son further stated that his father pulled building permits for all units at one time prior to the on- coming zoning in order to grandfather them as to all dimensional/use requirements. Subject Lot 470 was created through Land Court Plan 3092-40 dated May 20, 1971 with 20 feet of frontage and with all lots having a zero side yard setback in a district that requires a minimum frontage of 100 feet and a minimum side yard setback of 10 feet. The 10 complexes contain various numbers of attached units but all units have zero lot line setbacks. However, the units comply with front and rear yard setback requirements. The lot is also nonconforming as to maximum height in the Village - Residential District of 25 feet and minimum lot size of 20,000 SF with an actual lot size of about .14% of an acre (@6,098 SF). Applicants propose to extend the rear yard at grade first -floor deck an additional about 16 feet under a larger existing second -floor deck while maintaining the zero setback. Decks on the units on both sides, and in all other units in the 10 complexes, have similar second floor decks all at zero -foot setback, with several with first floor decks under them. The extended first floor deck would extend about eight (8) feet beyond the existing second floor deck. The HDC approved the expansion of the first -floor deck in COA #67626. The expanded deck would come no closer to the rear yard lot line than the deck on the immediate abutting unit to the southwest. A review of the aerials clearly indicates that the dimensional issues affecting this lot, and particularly rear decks, are consistent with the other units throughout the 10 complexes but not affecting the single-family dwellings in Tristram's Landing development. Photos have been included in this packet showing the existing deck. Similar Special Permit relief has been granted by the Zoning Board of Appeals in Decision 051-05 to 76 Arkansas Avenue in a unit in a 6 -unit complex southwest of the locus. In that Decision, included in the packet for review, an additional 14 feet and a spa were allowed to be constructed onto a first -floor deck. Like the subject lot, this lot is 24 feet wide and larger than other units in the complex. A grant of Special Permit relief could be granted for the deck extension, existing storage unit to remain, rebuild of the existing shower and addition of stairs to the second -floor deck as the nonconforming zero setback distance will not be made more nonconforming and based upon a finding that the extension will not be substantially more detrimental to the neighborhood than the existing nonconformity. Variance relief may be supported by finding that owing to circumstances relating to the topography and shape of the lots and the structures, attached time-share units with zero lot line setbacks on narrow lots, of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, these complexes are an anomaly in the VR zoning district, a literal enforcement of the provisions of this chapter would involve substantial hardship, financial or otherwise, compliance with the 10 -foot side yard setback would render the lot unbuildable, to the petitioner or appellant, 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 such bylaw. Applicant offers as conditions of a grant of Special Permit relief: no further expansion of the deck without further relief from this Board, the expansion of the at -grade deck is limited to 12 additional feet, which includes a stairway to the second -floor deck, rebuild of the outdoor shower and maintaining the existing storage unit, and expansion shall be in substantial compliance with the HDC COA #67626 as may be amended from time to time. As the deck is under an existing second -floor deck that is already sited at zero feet, Applicants are seeking a zero side yard setback for the deck expansion to match the second floor deck. TOWN OF NANTUCKET C BOARD OF APPEALS`z NANTUCKET, MASSACHUSETTS 02554 C� C; Date: October 12, 2017 _ To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 25-17 Owner/Applicant: PETER C. ROWE and BETTY SANTINI ROWE Property Description: 44 Arkansas Avenue Map 59.4 Parcel 150 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 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 59.4, Parcel 150 44 Arkansas Avenue Village Residential (VR) DECISION: Certificate of Title No. 25844 Lot 470 Land Court Plan 3092-40 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, September 14, 2017, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of PETER C. ROWE and BETTY SANTINI ROWE, 4 Emmonsdale Road, West Roxbury, Massachusetts 02132, File No. 25-17: 2. The applicants are seeking Special Permit relief pursuant to Zoning By-law Sections 139- 30 and Section 139-33.A in order to alter and extend the pre-existing nonconforming dwelling. Specifically, applicants propose to extend a rear yard first floor deck an additional sixteen (16) feet beneath a larger existing second floor deck while maintaining the zero (0) foot side yard setback. The proposed work further consists of maintaining the siting of the existing storage unit, relocating an outdoor shower four (4) feet away from the existing building exterior wall, toward the rear of the new deck, remaining under the existing second floor deck, and the construction of a set of stairs to the second floor deck on the new portion of the deck. All three will be sited within the required ten (10) foot side yard setback area. In the alternative and to the extent necessary, Applicants are seeking Variance relief pursuant to Section 139-32 from the setback provisions of Section 139-16.A to allow the proposed alterations. 3. The Locus is situated at 44 Arkansas Avenue, is shown on Tax Assessor's Map 59.4 as Parcel 150, and as Lot 470 upon Land Court Plan 3092-40. Evidence of owner's title is registered as Certificate of Title No. 25844 in the Nantucket County District of the Land Court. The site is zoned Village Residential (VR). 4. 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 as their meeting occurred after this Board's meeting. Two letters in support and one letter in opposition to the application were received. One abutter spoke in opposition to the application at the hearing. 5. Subject Lot 470 was created through Land Court Plan 3092-40 dated May 20, 1971 with twenty (20) feet of frontage and with all lots having a zero side yard setback in a district that requires a minimum frontage of one hundred (100) feet and a minimum side yard setback of ten (10) feet. The ten complexes contain various numbers of attached units but all units have zero lot line setbacks. However, the units comply with front and rear yard setback requirements. The lot is also nonconforming as to maximum height in the Village Residential District of twenty-five (25) feet and minimum lot size of 20,000 square feet with an actual lot size of approximately 6,098 square feet. 6. As explained by the applicant at the public hearing, this structure, said to have been built circa early 1970s, is the middle unit of a series of five Tristrams Landing row houses. The proposed alterations will take place within both side yard setbacks. The Locus, as shown on site plan entitled, "Plot Plan to Accompany a Z.B.A. Application for #44 Arkansas Ave. in Nantucket, Massachusetts" (Sheet 1 of 2), dated June 27, 2017, and drafted by Earle & Sullivan, Inc., and attached hereto as "Exhibit A", is a long narrowly shaped lot improved with the subject structure, adjoined to adjacent structures, with a resulting zero side yard setback distance where then (10) feet is the required minimum side yard setback. 7. The proposed conditions are shown on site plan entitled, "Plot Plan to Accompany a Z.B.A. Application for #44 Arkansas Ave. in Nantucket, Massachusetts" (Sheet 2 of 2), dated June 27, 2017, revised September 5, 2017, and drafted by Earle & Sullivan, Inc., and attached hereto as "Exhibit B". Specifically, applicants propose to extend an existing rear at -grade first floor deck beneath an existing second floor deck, rebuild an existing outdoor shower onto the new deck approximately four (4) feet toward the rear, and build stairs to the second floor deck. The applicants are looking to establish a second form of egress since there was a fire in one of the units in this complex. 8. All other units in the various Tristrams Landing complexes have similar second floor decks at zero -foot setback, and numerous of these have first floor decks. The expanded first floor deck would extend roughly eight (8) feet beyond the existing second floor deck. Therefore. Applicants are seeking a zero side yard setback for the deck expansion. The expanded deck would come no closer to the rear yard lot line than the deck on the immediate abutting unit to the southwest. The nonconforming zero setback distance will not be made more nonconforming. Furthermore, the proposed alterations have been granted Historic District Commission approval by virtue of Certificate of Appropriateness 67626. A review of the aerials clearly indicates that the dimensional issues affecting this lot, and particularly rear decks, are consistent with the other units throughout the ten complexes but not affecting the single-family dwellings in Tristram's Landing development. Photos were submitted with the application to show the existing deck. Similar Special Permit relief has been granted by the Zoning Board of Appeals (Decision File No. 051-05) to 76 Arkansas Avenue in a unit southwest of the locus. In that Decision, also included with the application for review, an additional fourteen (14) feet and a spa were allowed to be constructed onto a first floor deck. 9. Based upon the explanation presented at the public hearing, the Board of Appeals found that the alterations of the pre-existing, nonconforming dwelling structure by extension of an existing rear at -grade first floor deck beneath an existing second floor deck, reconstruction of an existing outdoor shower onto the new deck approximately four (4) feet toward the rear, and construction of a new set of stairs to the second floor deck, would not be substantially more detrimental to the neighborhood than the pre-existing conditions and would not create any new nonconformities. 10. Accordingly, by a UNANIMOUS vote of the sitting Board, the Zoning Board of Appeals GRANTED the requested relief by SPECIAL PERMIT pursuant to By-law 139-33.A(1) in order to alter the structure upon the locus as described above. Relief is subject to the following conditions: a. The proposed alterations shall be performed in accordance with the above - referenced Site Plan, attached herewith as "Exhibit B"; b. The proposed alterations shall be performed in substantial conformity with the plans approved in conjunction with Certificate of Appropriateness No. 67626 granted by the Nantucket Historic District Commission, as the same may be amended from time to time; There will be no further alteration or construction within the side yard setback area of ten (10) feet without further relief from the Zoning Board of Appeals. I NATURE PA E T F LLOW Assessor's Map 59.4, Parcel 150 44 Arkansas Avenue Village Residential (VR) Dated: September 14,2017 Certificate of Title No. 25844 Lot 470 Land Court Plan 3092-40 Susa c Mark Poor Jim Mondani r COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the 121�' day of 0c_+'cabeY' , 2017, before me, the undersigned notary public. personally appeared &4L.,_�y- S .—Fo-oLe— . one of the above-named members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he sigrlN the foregoing instrument voluntarily for the purposes therein expressed. ffiAal Signa ure and Seal of N ary Public DORIS C. STRANG My commission expires: jd ZOZD � Notary Public IQ ( Commonwealth of Massachusetts My Commission Expires October 9, 2020 DHCB FND. DHCB FND. • � 69 BIT a s Q�P�S DRI �e �s P s. LOT 47 t �' ARF4=6,210-t- f. . �y S NOTE: LOT SHOWN HEREON PREDATES NANTUCKET ZONING BY LAWS. 9�p s 64 SRE• �' �''.ry CURRENT ZONING: VR MINIMUM LOT SIZE: 20,000 S.F MINIMUM FRONTAGE: 100 FT. FRONTYARD SETBACK: 20 FT. SIDE AND REAR SETBACK: 10 FT. ALLOWABLE G.C.R.: 10% EXISTING G.C.R.: 9.4% t FOR PROPERTY LINE DETERMINATION THIS PLOT PLMR RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. DHCB FND. DHCB FND. DHCB FND. "EXHIBIT A" S' , �p o IK - 10. * . IraB p p, o �i 000, 0A tJ's SHEET 1 OF 2 \ PLOT PLAN to ACCOMPANY \\ a Z.B.A. APPL/CA AO/V for ,f" ARKANSAS AVE. 1N NANRICKET, MASSACHUSETTS ' STEPHEN yoJ SCALE. 1 %=60'I DATE.•,AJNE 27, 201 J. � SULLIVAN �% DEED REFERENCE.• CERT./25844 NO. 3700 PLAN REFERENCE -LC.PLIJO92-40 �ECISTE 4a�Q1� ASSESSORS REFERENCE.- p0. NAP.- 59.4 PARCEL: 150 .4E 174 PREPARED FOR.• PETER C. ROME and BETTY BETTY SANANI ROME �f v EARLE & SULUVAN, NVr- PRGIFES I MVAL LAND 5U WVRS s YOMOS WAY UCAI TT,� MA�".�A02554 NAN7508-332-4" ✓0 �3 2-•fr,+ =14 "EXHIBIT B" 0 w N a M Ci J �pti y G � 9 cy �QQ -ter s o�p u6 PROPOSED IQP�`� U OWE Dec4c 6+, tiS��G spa p Fv SFv �O t 9 -p g la0 PROPOSED SPIRAL TAIRCASE PROPOSED ADDITIONAL • 4.1 1ST FLOOR DECK Apra 01 BUILT TO LOT LINE s s O X °0, a 4 'mss °• tia F 2 1�• Ply 59AdIF RENSED.• SEPT. 5, 2017 NOTE: LOT SHOWN HEREON PREDATES SHEET 2 OF 2 NANTUCKET ZONING BY LAWS. PLOT PLAN to ACCOMPANY o Z.B.A. APPLICA 77ON for CURRENT ZONING: VR ,��,'�VA Of 44Sf jF" ARKANSAS AVE. /N MINIMUM LOT SIZE: 20,000 S.F. EPHEN yG NANTUCKET, MASSACHUSETTS MINIMUM FRONTAGE: 100 FT. J. FRONTYARD SETBACK: 20 FT. SULLIVAN - SCALE 1'=20' DATE.•✓UNE 27, 201 SIDE AND REAR SETBACK: 10 FT. NO AEGI$TE ``� DEED REFERENCE. CERT./25844 J�,� ALLOWABLE G.C.R.: 109 R PLAN REFERENCE.•L.C.PLIM92-40 mos ASSESSORS REFERENCE EXISTING G.C.R.: 9.4% t0 MAP.• 59.4 PARCEL 150 PREPARED FOR. PETER C. ROWF and FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN BETTY SAN77NI ROW£ RELIES ON CURRENT DEEDS AND PLANS OF RECORD, E,RLE a. ,ULUVAN #Vr- VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. PROFES-9WAL MAV SURW)VIRS THIS PLAN IS NOT REPRESENTED TO BE A TITLE 6 MUNGS WAY EXAMINATION OR A RECORDABLE SURVEY. NANAIMET, MA 015.54 508-`M-4" ES- 511