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Home My WebLink About07-18 115 Washington St ExtensionFee: $450.00 2018 FEB -o Alf 10: C,,-) TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION File No. 7 _ g Owner's name(s):115 Washington Street Extension LLC Mailing address: c/o Sarah F. Alger. P.C.. Four North Water Street. Nantucket. MA 02554 Phone Number: (508) 228-1118 E -Mail: sfa@sfapc.com Applicant's name(s): Same as above Mailing Address: Phone N E -Mail: Locus Address: 115 Washington Street ExtensionAssessor's Map/Parcel: 55.1.4/39 Land Court Plan/Plan Book & Page/Plan File No.: Lot 2, Plan Book 21, Page 118 Book 1572,Page 326 Deed Reference/Certificate of Title: \ Zoning District Residential Old Historic (ROH) Uses on Lot- Commercial: None x Yes (describe) Residential: Number of dwellings 4 Duplex Date of Structure(s): all pre -date 7/72 x or M61MOYAWal Mas MErareffillYA11IMS We Apartments Previous Zoning Board Application Numbers: 35-17 and 50-17 2 Fairgrounds Road Nantucket Massachusetts 02554 50 8 -228 -7215 telephone 508-228-7298 facsimile 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* SIGNATURE: Applicant/Attomey/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:_/_/_ By:_ Waiver requested: Granted:_/_/_ Hearing notice posted with Town Clerk:_/_/_ Mailed:_/—/_ I&M_/_/_ &_/_/_ Hearing(s) held on:—/—/— Opened on :—/—/— Continued to:_/_/_ Withdrawn:_/_/_ Decision Due By:_/_/_ Made:_/_/_ Filed w/Town Clerk:—/—/— Mailed:— / -/- 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile ADDENDUM Nantucket Zoning Board of Appeals 115 Washington Street Extension LLC 115 Washington Street Extension Assessor's Map 55.1.4, Parcel 39 Applicant seeks to modify the Special Permit decision issued in File #35-17, previously modified in File #50-17 (collectively, the "Decision"), by deleting, in its entirety, Condition (d) of Paragraph 8 of the Decision, which provides that "[t]here shall be no exterior construction between Memorial Day and Labor Day of any year," or, in the alternative, by revising said Condition (d) of Paragraph 8 of the Decision to read, "There shall be no exterior construction between June 30 and Labor Day of any year. The project is at the end of Washington Street Extension, a dead-end street. It is directly adjacent to the project at Mariner Way, which is currently under construction and is under no construction prohibition. The grant of relief will have the effect of reducing the overall time that the project at the Locus is under construction, which in turn will reduce the overall disruption to the neighborhood. Evidence of owner's title recorded in Book 1572, Page 326 on file at the Nantucket County Registry of Deeds. The Locus is located at 115 Washington Street Extension, is shown on Nantucket Tax Assessor's Map 55.1.4 as Parcel 39, and is located in the Residential Old Historic ("ROH") Zoning District. p N tucket Ban ' II' SARA ALAT GER ,, P.C," II, I , H, Olaf uF!!,drvas prof B uei',Is Bank FbNAN UCKET, MA 02554 53-7013/2113 i PH. 508-228-1118 J 2/5/2018 Q N V00Town of Nantucket r $ *`450.00 vOI Four Hundred Fifty and DOLLARS N Town of Nantucket Town and County Building Broad and Federal Streets Nantucket, Massachusetts MEMO '-9:r RI GN!(TURE 15Washington Street - ZBA filing fee s a- a;x<,. i ,a<ai.a..ueu.rsrr ac �a. rs., ;>:>o�..� i-.. ___e •.i 11100996411' 1: P 1 1370 13 4 1: BB 90 L6 273ii SARAH F. ALGER, P.C. Town of Nantucket Sanford - filing fee Nantucket Bank Busin 115 Washington Street - ZBA filing fee SARAH F. ALGER, P.C. Town of Nantucket Sanford - filing fee 1 Nantucket Bank Busin 115 Washington Street - ZBA filing fee PRODUCT SSLT104 USE WITH 91663 ENVELOPE Deluxe Corporation 1-800-328-0304 or www.deluxe.com/shop 2/5/2018 2/5/2018 9964 450.00 450.00 9964 450.00 450.00 F2A39A 9WK07 05/31/2'Z07.03 -38- epgg0 OFCFjyF qS O S J4N 2 �SSo,9S Tp ?818 Town of Nantucket NqU K M,q Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER 115 Washington Street Extension LLC .... .............. ..... . MAILING ADDRESS .c/o Sarah F.IAlger: P.C.; Four . North ... Water Street . . , Na . .. ntucket, MA ................................ PROPERTY LOCATION 115 Washington Street,Extension ASSESSOR MAP/PARCEL 55.1:4/39; ............................... SUBMITTED BY. Sarah F. Alger ......................................................................... 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)• DATE ASSESSOR'S OF CE TOWN OF NANTUCKET V H H H U a � U a] EA H H H ]z m N t/1 m O O O zO O rd U' E O ti F E F Z N F m F F YI F F H U' U' ❑ HH H F F F F F H m E H U' $ E Z E F �/1 H F F N E W m Z z Z Z 2 IL m z Z z 2 W m W U m ui ui W W Z rn O w m N m m In H H H O 4L H Hz H 0 w ZH U' E• yO Z O . m m a N Z m W O O 4 12Iyy y 0 y 0 Z 0 0 �n ppz O b Q W W H O y O y O m W Q W O D 2 2 3 D uai W 3 3 b W P w a G D D G b 3 Q p , W W- U G D O W W N P H❑ z m m W Q m Q N I W fA U RI (Q Ih lD ,-1 N O 0 N N m O P m N r N m m H N H N U N� N m N� N 1�) m IO lD r r N N r r P lO vl m r m N 1�1 Ill OIPn In In o ul .� vl In N In mi .� ✓l o m m o m c �n o vl N vl r UNl .� O In N O m IA m In ul lD ul N m r1 O tf O 0 2 N.+ Noo o Nm a. 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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 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 Two Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 55.1.4, Parcel 39 115 Washington Street Extension Residential Old Historic (ROH) DECISION: Deed Book 1572, Page 326 Lot 2 upon Plan Book 21, Page 118 Land of Dunham, LC Plan No. 10452A 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, March 8, 2018, at 1:00 P.M., Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of 115 Washington Street Extension LLC, c/o Sarah F. Alger, P.C., Four North Water Street, Nantucket, Massachusetts, 02554, File No. 07-18. 2. Applicant seeks to modify prior Special Permit decision in order to remove a condition which prohibits any "exterior construction between Memorial Day and Labor Day of any given year". In the alternative, Applicant seeks to revise the construction moratorium dates to June 30 to Labor Day of any given year. Prior relief issued in File No. 35-17, and superseded and replaced in File No. 50-17 (recorded at Book 1632, Page 242), approved demolition and replacement of six pre-existing nonconforming structures with four new condominium dwelling units to be sited outside of all setbacks. Evidence of owner's title recorded in Book 1572, Page 326 on file at the Nantucket County Registry of Deeds. The Locus is located at 115 Washington Street Extension, is shown on Nantucket Tax Assessor's Map 55.1.4 as Parcel 39, and is located in the Residential Old Historic ("ROH") Zoning District. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Board received one letter in opposition to the request from an abutter. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. 4. Applicant seeks to modify the Special Permit decision issued by the Board in File No. 50- 17 (the "Decision"), which superseded and replaced the Board's decision in File No. 35-17, by deleting, in its entirety, Condition (d) of Paragraph 8 of the Decision, which provides that "[t]here shall be no exterior construction between Memorial Day and Labor Day of any year," or, in the alternative, by revising said Condition (d) of Paragraph 8 of the Decision to read, "There shall be no exterior construction between June 30t` and Labor Day of any year. The proposed project is at the end of Washington Street Extension, a dead-end street. It is directly adjacent to the project at Mariner Way, which is currently under construction and is under no construction 2 prohibition. The grant of relief will have the effect of reducing the overall time that the project at the Locus is under construction, which in turn will reduce the overall disruption to the neighborhood. 5. The Board was reluctant to grant relief due to concern about setting a precedent and because the Board's policy is to impose a uniform seasonal prohibition on all exterior construction for projects in densely populated areas where zoning relief is required. In this case, however, because of the project location and because of the ongoing, unfettered construction at the directly adjacent site on Mariner's Way, the Board was willing to entertain a slight relaxation of its usual policy. 6. Therefore, after a discussion with the Applicant, the Board finds that modifying Condition (d) of its decision in File No. 50-17 to provide that, in any given year, there shall be no exterior construction (a) between 12:00 noon on the Thursday immediately before Memorial Day and 7:00 AM on the Tuesday immediately following Memorial Day, and (b) between June 15th and Labor Day, would be in harmony with the general purposes and intent of the By-law, the concerns of the abutters being adequately addressed by the conditions imposed hereby. 7. Accordingly, by a MAJORITY VOTE — four (4) in favor and one (1) (Koseatac) opposed — the Zoning Board of Appeals grants such Special Permit relief pursuant to Nantucket Zoning By -Law §139-30 and modifies Condition (d) of its decision in File No. 50-17 to read as follows, with all other conditions of such decision remaining in full force and effect: (d) In any given year, there shall be no exterior construction (a) between 12:00 noon on the Thursday immediately before Memorial Day and 7:00 AM on the Tuesday immediately following Memorial Day, and (b) between June 15'' and Labor Day. 5NNATILREPAVEF L 3 Assessor's Map 55.1.4, Parcel 39 115 Washington Street Extension Residential Old Historic (ROH) Dated: March 8. 2018 Nantucket, ss. Deed Book 1572, Page 326 Lot 2 upon Plan Book 21, Page 118 Land of Dunham, LC Plan No. 10452A Geoff Thayer COMMONWEALTH OF MASSACHUSETTS On the (y day of I , 2018, before me, the undersigned notary public, personally appeared Wjvt4= e4r-- , 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 they signed the foregoing instrument as their free act and deed and voluntarily for the purposes therein expressed. ^ , V V Officlaf Signature and My commission expire � LESLIE-- WOODSON SNELL NOTARY PUBLIC ,0MONWEALTH OF MASSACHUSETTS UY GOMM. Expires Se;L 28, 2018 4