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Home My WebLink About93-05 49 Fair StreetAo�otaAN' H N 9paRAi�� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: January 12, 2018 0 N -4z a z Cj J 1 J 0 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: Prior Owner: Applicant/Current Owner Property Description: 093-05 ANN B. MUHLHAUSER ANN B. MUHLHAUSER & CRAIG D. MUHLHAUSER 49 Fair Street Map 42.3.2 Parcel 101 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 42.3.2, Parcel 101 Book 1622, Page 338 49 Fair Street Plan No. 2009-08 Residential Old Historic (ROH) DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, December 14, 2017, at 1:00 P.M., in the First Floor Community Room of the Public Safety Facility at Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the request for RESCISSION by ANN B. MUHLHAUSER, c/o Rhoda H. Weinman, Esq., 36 Centre Street, Nantucket, Massachusetts 02554, File No. 093-05: 2. Applicant is seeking to rescind and vacate prior SPECIAL PERMIT ("Decision") granted to Ann B. Muhlhauser on December 9, 2005 to allow an expansion of a pre-existing nonconforming dwelling subject to a condition that the overall ground cover ratio not exceed 42%. The relief is now obsolete due to an amendment to Section 139-33.E of the Zoning By-law (Article 65; 2014 Annual Town Meeting) which permits a maximum 50% ground cover ratio upon the premises as a matter of right. The Locus is situated at 49 Fair Street, is shown on Tax Assessor's Map 42.3.2 as Parcel 101, and upon Plan No. 2009-08. Title to the premises is currently held by Ann B. Muhlhauser and Craig H. Muhlhauser by virtue of deed recorded at Book 1622, Page 338 on file with 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 this matter is not of planning concern, and no opposition to the request. 4. Applicant's representative explained the request to rescind Board of Appeals SPECIAL PERMIT Decision File No. 093-05 and recorded at Book 1004, Page 150 with the Nantucket Registry of Deeds. The Special Permit was issued in 2005, before passage of Article 65 at the 2014 Annual Town Meeting which revised the language in By-law Section 139-33.E. Prior to change in the by-law and in 2005, the provision in Section 139-33.E (2)(a) read: Any increase in area, frontage, width, yard or depth requirements shall not prohibit an unimproved lot from being built upon for single- and two-family residential purposes provided that: 2 I ... I For a lot within the provisions of this § 139-33E, the maximum ground cover upon such lot shall be: In the case of a lot containing less than 5, 000 square feet, 30% of the area of the lot; provided, however, that the special permit granting authority may grant a special permit to allow ground cover not to exceed the permitted ground cover ratio in the zoning district where such lot is situated. Said special permit shall require a finding that such increase in permitted ground cover shall not be substantially more detrimental to the neighborhood than the existing nonconformity. The current By-law— now known as Section 139-33.E(1)(a) — reads: For a lot within the provisions of this § 139-33E, the maximum ground cover upon such lot shall be: In the case of a lot containing less than 5, 000 square feet, 30% of the area of the lot or the amount determined in accordance with the maximum ground cover ratio requirement for the zoning district in which the lot is situated, whichever is greater. 5. The most recent As -Built entitled, "Mortgage Inspection Plot Plan; #49 Fair Street in Nantucket, Massachusetts", dated November 29, 2017 and prepared by Nantucket Surveyors, LLC, attached herewith as "Exhibit A" shows a lot area of 4,463 square feet. The 2005 Decision Exhibit Plan showed the lot to contain 4,518 square feet. A notation thereon next to MINIMUM LOT AREA reads "Record Plan Pending". The Record Plan was finalized in 2009 and filed as Plan No. 2009-08. The surveyor explained the discrepancy in lot area from the original compilation plan upon which the Special Permit was based. The result of this discrepancy is that the overall ground cover is slightly higher (42.2%) than that allowed in the Decision by virtue of a condition that the ground cover not exceed 42%. Pursuant to the above -referenced change in the By-law, 50% ground cover ratio is allowed by right in ROH. 6. Therefore, based upon the application materials and testimony received at the public hearing, the Board finds that the 2005 SPECIAL PERMIT encumbering the locus is no longer required and herewith rescinds and vacates said Decision. Specifically, the ground cover of the dwelling is conforming as to the provisions of the By-law and, as such, in compliance therewith. No evidence was presented to support the need for relief for waivers from any sections of the Zoning By-law. 7. Accordingly, by UNANIMOUS VOTE of the sitting members of the ZONING BOARD OF APPEALS, the Zoning Board of Appeals GRANTS the RESCISSION of previously issued SPECIAL PERMIT decision in File No. 093-05. 3 Assessor's Map 42.3.2, Parcel 101 49 Fair Street Residential Old Historic (ROH) Dated: December 14, 2017 County of Nantucket, ss Book 1622, Page 338 Plan No. 2009-08 COMMONWEALTH OF MASSACHUSETTS On the � day of 3aY)(AC_iV1V , 2010, before me, the undersigned notary public, personally appeared ar_ , 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 voluntarily for the purposes therein expressed. DORIS0 ---------- ,__ Q9 AA C. 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