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Home My WebLink About30-16 8 Harbor View WayTOWN OF NANTUCKET --� BOARD OF APPEALS NANTUCKET, MA 02554 0 �c s rn - r MEMORANDUM Date: October 27, 2017 To: Town Clerk From: Eleanor Weller Antonietti, Zoning Administrator Re: Zoning Board Decision #30-16— TECHNICAL CORRECTION Bruce M. Kaplan and Madeline S. Kaplan, Trustees KAPLAN FAMILY NOMINEE TRUST The above referenced ZBA Decision regarding 8 HARBOR VIEW WAY (Map 42.4.1, Parcel 28). filed with the Town Clerk on September 9, 2016, requires minor modification to correct inadvertent typographical errors. The corrections are shown as strike -out of the errors and insertion of the correct information on Pages 2 and 3 of the Decision filed herewith. This minor modification will neither effect the nature of the relief granted in the decision nor the completed appeal period. Please attach this page to the front of the corrected Decision so that it may be re-recorded in its entirety as amended. Thank you. Eleanor W. Antonietti, Zoning Administrator COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the day of OC -6 r 2017, before me, the undersigned notary public, personally appeared Eleanor w¢) e i*oinl I 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 signed the foregoing instrument volu.Warily for the purpose therein expressed. RANG blic Offs-iAt al Signature and Seal of No ry Public MM7aaeChuaetb My commission expires: ►0109 Zq?_Q tebet 1� 2020 2 Fairgrounds Road Nantucket Massachusetts 0 25 54 508-228-7215 telephone 508-228-7298 facsimile NANTUCKET 3c ' TOWN CLERK O H 2010 SEP -9 PM 2: 30 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September 8, 2016 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 30-16 Current Owner: Bruce M. Kaplan and Madeline S. Kaplan, Trustees of KAPLAN FAMILY NOMINEE TRUST Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing a complaint in Land Court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. Eleanor W. Antonietti, Zoning Administrator cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-325-7587. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.4.1, Parcel 28 Book 756, Page 54 8 Harbor View Way Shown as Lot 2 Residential Old Historic (ROH) Plan File 2014-41 CORRECTED DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals held on August 11, 2016 at 1:00 P.M., in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts. the Board made the following Decision on the application of Bruce M. Kaplan and Madeline S. Kaplan, Trustees of KAPLAN FAMILY NOMINEE TRUST, 750 Hopmeadow Street. Simsbury, Connecticut 06070, File No. 30-16. 2. Applicant is seeking relief by Special Permit pursuant to Zoning By-law Sections 139- 33.A and 139-17 to allow the alteration and extension of the pre-existing nonconforming dwelling. The proposed work consists of lifting the structure to place it on a new foundation in conformance with Federal Emergency Management Agency ("FEMA") regulations. The new foundation will result in an increase in structure height on land subject to coastal storm flowage. In the alternative, applicant seeks Variance relief to exceed the height limitations pursuant to Zoning By-law Section 139-17. The Locus is situated at 8 Harborview Way, is shown on Assessor's Map 42.4.1 as Parcel 28, and as Lot 2 in Plan File 2014-41. Evidence of owner's title is recorded in Book 756, Page 54 on file at the Nantucket Registry of Deeds. The site is zoned Residential Old Historic (ROH). 3. Our decision is based upon the application and accompanying materials, representations, and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning were presented. No opposition, written or oral, was presented at the hearing. 4. Locus, as shown on record plot plan recorded as Plan No. 2014-41 with the Nantucket Registry of Deeds (dated August 5, 2013 and prepared by Nantucket Surveyors. LLC), contains 7,371 square feet in the ROH district where minimum lot size is 5,000 square feet and has adequate frontage. The Premises are improved with the subject dwelling and a garage structure having a total ground cover ratio of approximately 25.5% in the ROH district where 50% is allowed. The 2 1/2 story dwelling contains approximately 1,092 square feet of ground cover, and has an approximate height of 30.7 feet. The garage contains approximately 784 square feet of ground cover. Both structures are compliant as to all setbacks. 5. The subject structure is a pre-existing nonconforming dwelling having a height of 34-7 30.8 f feet as determined from average mean grade where thirty (30) feet is the maximum height allowed pursuant to By-law Section 139-17.A. As presented to the Board, the Applicant is seeking relief to further exceed the maximum allowable height pursuant to Section 139-17.C(7). recently amended by virtue of passage of Article 60 at the 2016 Annual Town Meeting, which now reads: The height of a structure which is situated within the "Areas of one -hundred -year Flood" and/or "Areas of 100 -Year Coastal Flood with Velocity" as established by the Federal Emergency Management Agency ("FEMA') and depicted upon the Flood Insurance Rate Map promulgated by FEMA, as from time to time revised, shall not exceed 30 feet above the minimum height at which the first floor of the structure will conform with all applicable building codes and FEMA requirements, [..J. 6. The property is located in Flood Zone AE -7 which carries a base floor elevation of seven (7) feet. The existing dwelling is a wood framed structure with a finished floor elevation at six (6) feet and thus a first floor frame that is currently not flood proof and shows signs of past flood damage. Applicant is seeking approval to raise the existing foundation of a pre-existing non- conforming dwelling in order to increase the base floor elevation by approximately forty (40) inches (3'4"f) in order to conform to FEMA requirements. The resulting height will be approximately thifty three (22) thirty four feet, four inches (3414"f). The project also consists of new steps and railings which are appropriate to the historic nature of this circa 1920 structure. The project benefits from approvals by the Conservation Commission and the Nantucket Historic District Commission. 7. Based upon the foregoing presentation, the Zoning Board of Appeals made the finding that the proposed extensions, alterations, and additions to the pre-existing nonconforming dwelling upon the locus would not be substantially more detrimental to the neighborhood than the pre-existing, nonconforming conditions thereon. Furthermore, the increase in height of approximately 1-53.5 feet is necessary to protect the historic structure from further flood damage. 8. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT relief pursuant to By-law Sections 139-33 and 139-17 to alter the dwelling by lifting the structure to place it on a raised foundation, thus resulting in an increase in the pre-existing nonconforming height in order to render the structure conforming as to applicable FEMA requirements. The relief herein is subject to the following conditions: a. There shall be no exterior construction between Memorial Day and September 15th of any given year relative to the construction contemplated under this decision. I NATURE PAGE T F LLOW 3 Assessor's Map 42.4. 1, Parcel 28 8 Harbor View Way Residential Old Historic (ROH) Dated: '9 85 ,2016 Nantucket, ss Book 756, Page 54 Shown as Lot 2 Plan File 2014-41 Lisa Botticelli COMMONWEALTH OF MASSACHUSETTS On the 844 day of SQ mb , 2016, before me, the undersigned notary public, personally appeared Uwar Taol 2 , 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/she signed the foregoing instrument as their free act and deed and voluntarily for the purposes therein expressed. AtAl'A.p- 4��_ ffici 1 Signature and Seal of Notary ublic My commission expires: 1c) I tq 12,E Fc6cw DORIS C. STRANG NOtery POk Musuhusetts Commission Expires Oct 9, 2020 Bk: 01557 Pg: 261 NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.4.1, Parcel 28 8 Harbor View Way Residential Old Historic (ROH) DECISION: Book 756, Page 54 Shown as Lot 2 Plan File 2014-41 1. At a public hearing of the Nantucket Zoning Board of Appeals held on August 11, 2016 at 1:00 P.M., in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of Bruce M. Kaplan and Madeline S. Kaplan, Trustees of KAPLAN FAMILY NOMINEE TRUST, 750 Hopmeadow Street, Simsbury, Connecticut 06070, File No. 30-16. 2. Applicant is seeking relief by Special Permit pursuant to Zoning By-law Sections 139- 33.A and 139-17 to allow the alteration and extension of the pre-existing nonconforming dwelling. The proposed work consists of lifting the structure to place it on a new foundation in conformance with Federal Emergency Management Agency ("FEMA") regulations. The new foundation will result in an increase in structure height on land subject to coastal storm flowage. In the alternative, applicant seeks Variance relief to exceed the height limitations pursuant to Zoning By-law Section 139-17. The Locus is situated at 8 Harborview Way, is shown on Assessor's Map 42.4.1 as Parcel 28, ana l at the Nantucket as Lot 2 in Plan tle RegOstry41. of Deeds.Thee of site is's title zoned is recorded in Book 756, Page 54 on fi Residential Old Historic (ROH). 3. Our decision is based upon the application and accompanying materials, representations, and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning were presented. No opposition, written or oral, was presented at the hearing. 4. Locus, as shown on record plot plan recorded as Plan No. 2014-41 with the Nantucket Registry of Deeds (dated August 5, 2013 and prepared by Nantucket Surveyors, LLC), contains 7,371 square feet in the ROH district where minimum lot size is 5,000 square feet and has adequate frontage. The Premises are improved with the subject dwelling and a garage structure having a total ground cover ratio of approximately 25.5% in the ROH district where 50% is allowed. The 2 %Z story dwelling contains approximately 1,092 square feet of ground cover, and has an approximate height of 30.7 feet. The garage contains approximately 784 square feet of ground cover. Both structures are compliant as to all setbacks. 5. The subject structure is a pre-existing nonconforming dwelling having a height of 30.7 feet as determined from average mean grade where thirty (30) feet is the maximum height allowed pursuant to By-law Section 139-17.A. As presented to the Board, the Applicant is seeking relief to further exceed the maximum allowable height pursuant to Section 139-17.C(7), Bk: 01557 Pg: 260 IIUM�'(E N A N i�U Ci Bk: 1657 Pg: 260 Page: 1 of 4 TOWN CLERK ' Doc: SP 10/03/2016 09:16 AM till SEP -9 PM 2: 29 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: Se tember 8 2016 To: Parties in Interei� the Applicationers ofhe lth the followingcision of The BOARD OF APPEALS Application No: 30-16 Current Owner: Bruce M. Kaplan and deline S. Kaplan, Trustees of KAPLAN FAMILY NOMINEE TRUST Enclosed is the wDthithenoffa.oeeofOARD the Nan�c�SToanch has Clerk,this day been fled 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 intthis day's date. Notice of the action with a copy of the comp 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 NAN'T'UCKET 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. Bk: 01557 Pg: 262 recently amended by virtue of passage of Article 60 at the 2016 Annual Town Meeting, which now reads: The height of a structure which is situated within the "Areas of one -hundred year Flood" and/or "Areas of 100 -Year Coastal Flood with Velocity" as established by the Federal Emergency Management Agency ("FEMA ") and depicted upon the Flood Insurance Rate Map promulgated by FEMA, as from time to time revised, shall not exceed 30 feet above the minimum height at which the first floor of the structure will conform with all applicable building codes and FEMA requirements, f ... J. 6. The property is located in Flood Zone AE -7 which carries a base floor elevation of seven (7) feet. The existing dwelling is a wood framed structure with a finished floor elevation at six (6) feet and thus a first floor frame that is currently not flood proof and shows signs of past flood damage. Applicant is seeking approval to raise the existing foundation of a pre-existing non- conforming dwelling in order to increase the base floor elevation by approximately forty (40) inches in order to conform to FEMA requirements. The resulting height will be approximately thirty-three (33) feet. The project also consists of new steps and railings which are appropriate to the historic nature of this circa 1920 structure. The project benefits from approvals by the Conservation Commission and the Nantucket Historic District Commission. 7. Based upon the foregoing presentation, the Zoning Board of Appeals made the finding that the proposed extensions, alterations, and additions to the pre-existing nonconforming dwelling upon the locus would not be substantially more detrimental to the neighborhood than the pre-existing, nonconforming conditions thereon. Furthermore, the increase in height of approximately 2.5 feet is necessary to protect the historic structure from further flood damage. 8. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT relief pursuant to By-law Sections 139-33 and 139-17 to alter the dwelling by lifting the structure to place it on a raised foundation, thus resulting in an increase in the pre-existing nonconforming height in order to render the structure conforming as to applicable FEMA requirements. The relief herein is subject to the following conditions: a. There shall be no exterior construction between Memorial Day and September 15`h of any given year relative to the construction contemplated under this decision. Assessor's Map 42.4. 1, Parcel 28 8 Harbor View Way Residential Old Historic (ROH) Dated: q g ,2016 1 CERTIFY THAT 20 DAYS HAVE ELAPSED AFTER THE DECISION WAS FILED IN THE OFFICE OF THE TOWN CLERICS AND THAT NO.APPEAL HAS BEEN FILED, PURSUANT TO GENERAL LAWS 4KSECTION II L �, rrT 0 Bk: 01557 Pg: 263 Book 756, Page 54 Shown as Lot 2 Plan File 2014-41 Lisa Botticelli COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the 844 day of S' apl2 , 2016, before me, the undersigned notary public, personally appeared Edwliv ei 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 he/she signed the foregoing instrument as their free act and deed and voluntarily for the purposes therein expressed. J14zA A0 ffici 1 Si ;nature and Seal of No ublic My commission expires: t0I CM1002-0 A DORIS C. STRANG NotoyF16k mural sm COMMISSI a (POM on S• 2ON ATTEST A TRUE COPY NANTUCKET TOWN CLERK a ¢a