Loading...
HomeMy WebLinkAbout33-17 250 Polpis RoadFee: $450.00 , . ` -, �'.i _i� 1 f L' �:.L TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Owner's name(s):_ Polpis Harbor, LLC Mailing address:_ 250 Polpis Road, Nantucket MA 02554 3 File No. �3-o Phone Number: 508-228-4455 E -Mail:_ kevinCa,vdhlaw.com Applicant's name(s): Polpis Harbor, LLC Mailing Address: 250 Polpis Road, Nantucket, MA 02554 Phone Number: 508-2284455 E -Mail:_ kevin(a).vdhlaw.com Locus Address: . 250 Polpis Road Assessor's Map/Parcel: 26-27 Land Court Plan/Plan Book & Page/Plan File No.: Lots A-3 and A-7; Plan Nos. 13443-D and 13443-E Deed Reference/Certificate of Title: 25343 Zoning District LUG -3 Uses on Lot- Commercial: None x Yes (describe) Residential: Number of dwellings Duplex Apartments Date of Structure(s): all pre -date 7/72 No or garage/pool house - pre -1972 Building Permit Numbers: Previous Zoning Board Application Numbers: 34-16 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special perrr&s or variance relief applying for Applicant is seeking a Modification of prior Special Permit No. 34-16 which permitted the conversion of a pre-existing and non -conforming garage to a pool house/cabana pursuant to Section 139-33A and in the alternative, a Variance pursuant to Section 139-16A to allow the Applicant to reassemble the garage which was razed during the conversion of the garage to a pool house within the front yard set back and to allow the conversion of the reassembled garage to a pool house/cabana in accordance with Special Permit No. 34-16 and HDC Certificate of Appropriateness No. 63521 (See attached Addendum "A") 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: Polpis Harbor, LLC Owner* SIGNATURE:B : Applicant/Attorney/Agent* Kevin F. Dale, ttomey and authorized representative of Polpis Harbor, LLC *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--/-/- planningBoard:,JJ_ Building Dept.:-/-/_ By:_ Fee deposited with Town Treasurer:-/-/_ By:— Waiver requested: Granted:—_/—/_ Hearing notice posted with Town Clerk:-/_/` Mailed:_/a/_ I&M_/_/_ gt` jam_ Hearing(s) held on:_/_/_ Opened on :—/—J_ Continued to:_,/___/_ Withdrawn:--/—/_ Decision Due BX. -_/_J_ Made:_/_/_ Filed w/Town Clerk:,_/_/ Mailed:—J—/` 2 Fairgrounds Road Nantucket Mas sachuaetta 02554 508-228-7215 telephone 508-228-7298 facsimile ADDENDUM "A" 250 POLPIS ROAD The Nantucket Board of Appeals granted Special Permit relief in Decision No. 34-16 to the Owner Applicant, Polpis Harbor, LLC, on October 11, 2016 permitting the conversion of a pre-existing and non -conforming garage to a pool house/cabana substantially in accordance with HDC Certificate of Appropriateness No. 63521 and Nantucket Conservation Commission Order of Conditions No. SE48-2779. The property at issue is located at 250 Polpis Road and shown as Lots A-3 and A-7 on Land Court Plan Nos. 13443-D and 13443-E at the Nantucket Registry District for the Land Court and also shown as Parcel 27 on Nantucket Assessor's Map 26 ("Property"). The Property is located in the Limited Use General -3 Zoning District. The garage on the property is sited within the required 35' minimum front yard setback area and is approximately 8.6 feet from the easterly front yard lot line at its closest point. During the course of the conversion of the garage to a pool house, which included reduction of the size of the structure by 10 feet, the Owner's contractor dismantled the garage and stored this garage material on site. During the renovation, it was determined that several of the support timbers were compromised by rot. In addition, with the removal of the one wall to reduce the size of the structure and the garage doors, it left three unstable walls that made it very difficult to install a new foundation with the three walls staying in place. The structure was removed from its location and stored on site with the goal of replacing the reconfigured structure back on the site and completed as originally approved. Although Special Permit Decision No. 34-16 did not explicitly allow demolition of the garage, the contractor interpreted the "conversion" of the garage to the "new" pool house, which included substantial reconstruction, including removal of the structure in order to comply with the HDC Certificate of Appropriateness. The Owner is seeking a Modification of the Special Permit relief granted in Decision No. 034-16 to allow the dismantling and reconstituting of the structure in the approved location. The pool house will be reassembled and constructed on a new foundation repurposing as much of the wood as possible. Due to wetland restrictions and grade changes, relocating the garage out of the required setback would be problematic. The existing larger garage has existed in its present location since before 1972 without incident or comment. The aforementioned Decision already allowed the conversion of the remaining portions of the garage to the pool house. In the alternative and/or to the extent necessary, Variance relief pursuant to Nantucket Zoning By Law is sought pursuant to Section 139-32 from the provisions of Section 139-16A to allow the removal of the garage and reconstruction of the pool house substantially on the current location within the required 35' front yard setback without coming any closer to the front yard line than presently sited. There are unique circumstances relating to the shape, soil and topography of the existing structure and the Property that especially affect the Property without generally affecting the LUG -3 Zoning District which support a grant of Variance relief. Specifically, the grade of the Property through the property and specifically in that location and the siting of the other existing improvements on the Property make it infeasible to relocate the new pool house outside the front yard setback area as it relates to the existing and previously approved pool. In addition, there are substantial wetlands affecting the Property limiting relocation on the irregularly shaped lot. The relocation of the garage would cause the Owner a substantial hardship at this point given the limitations on the Property. The reassembled pool house would have a less intense impact on the setback area as the structure is being reduced in footprint as part of the conversion from garage to pool house. A grant of relief would be consistent with the provisions in Decision No. 34-16 and would not nullify or substantially derogate from the intent and purpose of the Zoning By Law. i own ana t..ounty or ivantucKet, IVIA August 14, ZU1 / WI -1., e l [ R } a � � { Y rpt 11P Ea 10 p RRRRR • �► SITE PLAN F k€ ', r i � �Y 24192WPOLMRWD r�a/u/o�esw►w.rwicaasan F E>'� 8 t R MR CD .35 ni ou 1 ----> >� / 1111111115 N 203 Can: 25343 Doc: SP Registered: 11101/2016 11.35 AM 153287 NAN-f UCK�RK .TOW tilt 0ci TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: October 11, 2016 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 34-16 Current Owner: POLPIS HARBOR LLC Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing a complaint in Land Court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified.copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. Eleanor W. Antonietti, Zoning Administrator cc: Town Clerk • Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-325-7587. 153287 NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 26, Parcel 27 248-250 Polpis Road Limited Use General -3 ("LUG -3") DECISION: Land Court Plan No. 13443-D and 13443-E Lots A-3 and A-7 Certificate of Title No. 25343 1. At a public hearing of the Nantucket Board of Appeals held on Tuesday, September 20, 2016, at 1:00 pm, at 4 Fairgrounds Road, Nantucket, Massachusetts 02554, the Board made the following decision on the application of POLPIS HARBOR, LLC, 250 Polpis Road, Nantucket, Massachusetts 02554, File No. 34-16. 2. Applicant is seeking. Special Permit relief pursuant to Zoning By -Law Section 139-33.A to allow the change of use of a pre-existing nonconforming garage structure to a pool houselcabana. The existing structure is sited within the easterly front yard setback. The proposed alterations will result in a decrease in size such that the structure's footprint and massing will not increase within the setback area. The Locus is situated at 248 and 250 Polpis Road, is shown on Assessor's Map 26 as Parcel 27, as Lot A-7 upon Land Court Plan 13443-E and as Lot A-3 upon Land Court Plan 13443-D. Evidence of owner's title is registered on Certificate of Title No. 25343 at 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, representations, and testimony received at our public hearing. There was no Planning Board recommendation. No opposition, written or oral, was presented at the hearing. 4. As explained by the Applicant's representative, the Locus is conforming as to lot size, ground cover, frontage and side and rear set back requirements in the LUG -3 Zoning District. The subject garage structure is .pre-existing nonconforming as to front -yard setback, being sited as close as 8.6 feet from the easterly front yard lot line where minimum front yard setback distance is thirty-five (35) feet. The garage has existed in its present location on the Premises from a time prior to 1956 as reflected in the tax records of the Nantucket Assessor. In addition, there is another pre-existing, non -conforming (circa 1890) studio that is as close as 27.3 feet from the front lot line. The property has a Iot area of approximately 8.81 acres (383,763± square feet). 04 s 153287 The Applicant has obtained Nantucket Historic District Commission approval by virtue of Certificate of Appropriateness No. 63521 and Nantucket Conservation Commission approval (SE48-2779) for the conversion of the garage to a pool house/cabana. The change in use will involve the removal of a portion of the existing garage, thus reducing the ground cover of the new pool house./cabana from approximately 520 square feet to approximately 474 square feet, 5. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Applicant, through counsel, explained that -there is an ongoing construction project on the Premises, and the proposed conversion of the pre-existing, non -conforming garage to a pool house%abana would reduce the footprint of the building by approximately forty-six (46) square feet, but would not change the location or the height of the structure. He maintained that the proposed change of use of the structure would enhance and restore the building to new condition and not be substantially more detrimental to the neighborhood than the existing garage structure. He also noted to the Board that there was no opposition to this application for Special Permit relief. Based upon the foregoing, the Applicant asked the Board to grant the SPECIAL PERMIT pursuant to Section 139-33.A of the By -Law to allow for the conversion of the pre-existing, non -conforming garage to a pool house/cabana with a reduced footprint. 6. The Board found that the existing garage structure on the Premises is a pre-existing, non- conforming structure that meets the criteria for special permit relief pursuant to Section 139- 33.A. The Board determined that the height of the new pool houselcabana would be substantially the same as the height of the existing pre-existing, non -conforming garage. The Board affirmed that the new pool house/cabana should substantially conform to the approved HDC design plans and Nantucket Conservation Commission site plan. 7. Accordingly, by UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT relief from the provisions of Zoning By -Law Section 139-33.A to allow the conversion of the pre-existing, non -conforming garage structure to a new pool house/cabana with reduced footprint subject to the following conditions: (a) The pool- houselcabana shall be constructed substantially in accordance with Certificate of Appropriateness No. 63521 as approved by the Nantucket Historic District Commission, as may be amended from time to time; and (b) The pool houselcabana shall be constructed substantially in accordance with the site plan incorporated into Order of Conditions No. SE48-2779 issued by the Nantucket Conservation Commission, as may be amended from time to time. K J Assessor's Map 26, Parcel 27 248-250 Polpis Road Limited Use General -3 ("LUG -3") Dated: &A/qu.L .2016 Nantucket, ss 153287 Land Court Plan No. 13443-D and 13443-E Lots A-3 and A-7 Certificate of Title No. 25343 Lisa Botticelli 4 Geofi7y Thayer Mondani COMMONWEALTH OF MASSACHUSETTS On the �� ' day of (3C+06et- , 2016, before me, the undersigned notary public, personally appeared Ed uwd S . Toole, 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 helshe signed the foregoing instrument as their free act and deed and voluntarily for the purposes therein expressed. c al Signature and Seal of NoPublic My commission expires: IY O�ober q 20go I CERTIpYTHAT *DAYS HAVB`F.tI1tSt�'�t:'I>tR TIMVW$ION WASM0I" TW 0FE= OF M MW Q,ERii,„AND THAT MAFF M,. NAS U191 �p`�11�UAKC1+Oy'FJIQAI.U11I1510A,�C1'lON ff TO" CLERK 4 y'�jliyp�l�Q DONS C. iTFAN ConrnlalYMOgOq f. 2020 ATTEST; ATRUE COPY NANTUCKET TOWN CLERK 4 153287 1 1 1 1 i 1 1 1 a o ' ' n c s ' ' ' � � 1 1 1 o v � -+ v 111 r v a 0 0 0 t Town of Nantucket Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER......f'o�_t��s n,�[il�olz !a c ............................. MAILING ADDRESS ..... .2 �� naicr, i ,in.c \antucket. NIA ��,;a......................... PROPERTY LOCATION..... `5. II"IP; K":"i ............................................ ASSESSOR MAP/PARCEL... 2)-27 ........................... I ...... .................... licudc SUBMITTED BY .....Vaug.........ale....., .......LMM& .......t... P(....... .................. 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). R -s- (I DATE �s�� ICFCEE TOWN OF NANTUCKET a N N N N N N N N N 01 j N a N N N N N N p� W tP U a W n n n £ n H O O O r 0 r z W Y x m b S H m K z a n 9 z K m z n K b n m v O 0 71 O N z m 3 H ro 3 ro x K K z r z H ro r ro A ro0 a ro O ro N J O O O J O O O O a W tl o o x 0 0 X 0 0 m b X x r x x r o< w r� m �- .• r H .� A P W b N Z W lD m W n m m 7J O 70 V d O A b p 0 z z 'yL Zy'L b m 'yL Zy'Lm x b O H H Hm O H H A O Z n n n z x n z o z m m mM m H H H H H m O H Vl H G1 K < K m r r gg33 m Y x x K m b H< z K tJ� U lP lP N lP O� l0 U� N N N N N N N N N N a a in a a a v� to in u� 0 0 0 0 0 0 0 0 0 0 b ro m ro b v m m m m m cn vi to ti N to O y N 0 0 0 0 0 0 0 0 0 0 v d m 25 THOM GEORGE M JR & N ANN S TRINITY PASS PO BOX 59 POUND RIDGE, NY 10576 25 BERMAN MARTHA L C/O THE AYCO COMPANY LP PO BOX 7138 GARDEN CITY, NJ 11530 25 KELLER KARL ELISE C & WILLIAM C JR TRS 104 CAVELIER DR CHARLOTTESVILLE, VA 22901 25 STAVNES HARALD S TRST ETAL 270 REDDING ROAD EASTON, CT 06612 26 OMARA MICHAEL J 240 POLPIS RD NANTUCKET, MA 02554 26 244 POLPIS LLC P O BOX 1930 LENOX, MA 01240 26 OPPENHEIM LANNY A TR C/O THE AYCO COMPANY LP PO BOX 7138 GARDEN CITY, NY 11530 26 POLPIS HARBOR LLC C/O VAUGHAN DALE & HUNTER P O BOX 659 NANTUCKET, MA 02554 26 COHEN STEVEN L TR C/O JENNIFER MONTO 247 POLPIS RD NANTUCKET, MA 02554 46 NANTUCKET CONSERVATION FND INC PO BOX 13 NANTUCKET, MA 02554 BY HAND DELIVERY AND EMAIL Eleanor Antonietti, Administrator Nantucket Board of Appeals, PLUS 2 Fairgrounds Road Nantucket, MA 02554 RE: 250 Polpis Road Nantucket, Massachusetts 02554 Dear Eleanor: Wu,Lux F. HUNTER OF COUNSEL 33�i7 AUG 14 2017 ✓ /, -I q g On behalf of my client, Polpis Harbor, LLC ("Polpis Harbor") enclosed for filing is an application to modify Special Permit No. 34-16 which permitted the conversion of a pre-existing non -conforming garage to a pool house/cabana. Specifically, because the garage was razed and disassembled Polpis Harbor seeks a modification to Special Permit No. 34-16 to allow the reassembly of the garage in its prior location within the front hard set back area and the conversion of the reassembled garage to a pool house/cabana. In the alternative and to the extent necessary, Polpis Harbor seeks a Variance pursuant to Section 139-32 of the By Law to reassemble the garage within the front yard setback area and to convert the reassembled garage to a pool house/cabana. VAUGHAN, DALE, HUNTER AND BEAUDETTE PROFESSIONAL CORPORATION ATTORNEYS AT LAW WHALER'S LANE P.O. BOX 659 EDWARD FOLEY VAUGHAN NANTUCKET, MASSACHUSETTS 02554 KEVIN F. DALE - RICHARD P. BEAUDETTE TEL(508)228-"55 FAM (508) 228.3070 LoRIDT1u BRYAN J. SWAIN August 14, 2017 BY HAND DELIVERY AND EMAIL Eleanor Antonietti, Administrator Nantucket Board of Appeals, PLUS 2 Fairgrounds Road Nantucket, MA 02554 RE: 250 Polpis Road Nantucket, Massachusetts 02554 Dear Eleanor: Wu,Lux F. HUNTER OF COUNSEL 33�i7 AUG 14 2017 ✓ /, -I q g On behalf of my client, Polpis Harbor, LLC ("Polpis Harbor") enclosed for filing is an application to modify Special Permit No. 34-16 which permitted the conversion of a pre-existing non -conforming garage to a pool house/cabana. Specifically, because the garage was razed and disassembled Polpis Harbor seeks a modification to Special Permit No. 34-16 to allow the reassembly of the garage in its prior location within the front hard set back area and the conversion of the reassembled garage to a pool house/cabana. In the alternative and to the extent necessary, Polpis Harbor seeks a Variance pursuant to Section 139-32 of the By Law to reassemble the garage within the front yard setback area and to convert the reassembled garage to a pool house/cabana. Eleanor Antoinetti Nantucket Board of Appeals August 14, 2017 Page 2 of 2 In support of this application, enclosed are the 161low°ing: I) Signed Application 2) Addendum `'A" 3) Locus Plan 4) Site Plan 5) Special Permit No. 34-16 6) Pictures of disassembled-oaragc 7) Certified Abutters List 8) Two (2) sets of mailing labels; and 9) Filing fee check in the sum of $450.00 made payable to the "Town of Nantucket" Please schedule the matter for hearing before the Nantucket Board of Appeals on September 14, 2017 and call me with any questions or concerns at 508-228-4455. I will email the completed application as a single document in PDF format later today. Thank wu. Sincerely. Enclosures cc: Michael Cohen Steve Cheney, Cheney Brothers TUC� s , a,IN 2p17 -I 1 PM 31: 3s TOWN OF NANTUCKET ULI BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: October 6, 2017 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 33-17 Owner/Applicant: POLPIS HARBOR, LLC Property Description: 248 - 250 Polpis Road Map 26 Parcel 27 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 26, Parcel 27 248-250 Polpis Road Limited Use General -3 ("LUG -3") DECISION: Land Court Plan No. 13443-D and 13443-E Lots A-3 and A-7 Certificate of Title No. 25343 1. At a public hearing of the Nantucket Board of Appeals held on Thursday, September 14, 2017, at 1:00 pm, at 4 Fairgrounds Road, Nantucket, Massachusetts 02554, the Board made the following decision on the application of POLPIS HARBOR, LLC, 250 Polpis Road, Nantucket, Massachusetts 02554, File No. 33-17. 2. This is an application for MODIFICATION of SPECIAL PERMIT No. 034-16 pursuant to Nantucket Zoning By -Law Section 139-33A to allow for the dismantling of the pre-existing, non -conforming garage on the property, the reassembly of the garage and the conversion of the garage into a pool house/cabana in its existing location. The pool/house cabana will be reassembled and constructed on a new foundation using as much of the existing garage structural components as possible. The location of the garage is 8.6 feet from the easterly front yard lot line at its closest point and has existed in its present location on the property from a time prior to 1956 as reflected in the tax records of the Nantucket Assessor. 3. Existing Special Permit No.034-16 allowed the Applicant to "convert" the garage to a pool house/cabana. During the course of construction, the Applicant's contractor observed rotten garage support timbers that made it infeasible to construct a new pool house foundation with three (3) unstable garage walls in place. Moreover, the Nantucket Historic District Commission Certificate of Appropriateness No. 63521 for the garage project referred to the pool house /cabana as a "New Dwelling" and the contractor erroneously interpreted the "conversion" of the garage to a pool house/cabana as permission to disassemble the garage and build a new pool house in its place. The Applicant seeks a modification of Special Permit No. 034-16 to allow for the disassembly of the garage, the reassembly of the garage and the conversion of the reassembled garage to a pool house/cabana on a new foundation using as much as the existing garage structural materials as is feasible. In the alternative, the Applicant seeks a Variance under Section 139-32 of the By Law to allow for the removal of the existing garage and reconstruction of the pool house in the current garage location within the front yard setback area. There are unique circumstances especially affecting this property and not generally affecting other properties located in the LUG -3 Zoning District which warrant the grant of variance relief. Specifically, the grade of the property, the location of existing improvements and the significant wetland resource areas on the property make it infeasible to relocate the pool house outside the front yard setback area. Given these material limitations, relocation of the pool house outside the front yard setback area would cause the Applicant to suffer a substantial hardship. Moreover, the pool house foot print is smaller than the existing garage footprint and the requested variance relief would not derogate from the intent and purpose of the By Law. 2 4. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Applicant, through counsel, stated the Applicant was prepared to reassemble as many of the components of the pre-existing garage that had structural integrity and then convert the structure to a pool house/cabana in the current garage location on the property as allowed by Special Permit No. 34-16. The Board emphasized that the first floor elevation of the pool house should replicate the first floor elevation of the disassembled garage, and asked the Applicant to provide the Board an Elevation Plan showing the first floor elevations of the old garage and the new pool house. 5. The Board found that the requested modification of Special Permit No. 034-16 was reasonable, conformed to the intent and purpose of the Special Permit and was not substantially more detrimental to the neighborhood than the terms and provisions of Special Permit No. 034- 16. The Board determined further that a Modification of the Special Permit was appropriate relief for this application and Variance relief was unnecessary. 6. Accordingly, by UNANIMOUS vote, the Board GRANTS the requested MODIFICATION of SPECIAL PERMIT No. 034-16 under the provisions of Zoning By -Law Section 139-33A to allow for the disassembly of the pre-existing, non -conforming garage; the reassembly of the garage in its current location using as many as the garage components as is feasible and the conversion of the reassembled garage to a pool house/cabana upon the following conditions: (a) The pool house/cabana shall be constructed substantially in accordance with Certificate of Appropriateness No. 63521 as approved by the Nantucket Historic District Commission, as may be amended from time to time; and (b) The pool house/cabana shall be constructed substantially in accordance with the site plan incorporated into Order of Conditions No. SE48-2779 issued by the Nantucket Conservation Commission as may be amended from time to time. (c) The pool house/cabana shall be constructed substantially in accordance with the Elevation Plan prepared by Site Design Engineering, dated September 19, 2017, a copy of which is annexed hereto as "Exhibit A;" and (d) All of the other terms and provisions of Special Permit No. 034-16 shall remain in full force and effect. SW NATURE PAE F LL WS Assessor's Map 26, Parcel 27 Land Court Plan No. 13443-D and 13443-E 248-250 Polpis Road Lots A-3 and A-7 Limited Use General -3 ("LUG -3") Certificate of Title No. 25343 Dated: September 14 2017 Edward S. Toole COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the dayf 2017, before me, the undersigned notary public. personally appeared , 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 signecVlie foregoing instrument voluntarily for the purposes therein expressed. Official Signature and Seal of Notary Public My commission expires: Q,IN LESLIE WOODSON SNELL NOTARY PUBLIC CO,'AMONWEALTH OF MASSACHUSETTS My Comm. Expires Sept 28, 2018 0 SPA SW�MMIN� p00L "EXHIBIT A" PO LPI S ROAD SITE DESIGN BUILDING SITE imENGINEERING, LLC. DATE : SEPTEMBER 19, 2017 ELEVATION PLAN "CUSHMANSTREET, MIDDLEBORO,MA02346 PROD. N0. 14122 250 POLPIS ROAD, MAP 26 PARCEL 27 T'. 508-967-0673 F: 508-967-0674 WWW.SDE-LDEC.COM SCALE: 1" = 20' NANTUCKET, MASSACHUSETTS