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HomeMy WebLinkAbout37-18 190 Cliff RoadFee: $450.00 SEP 10 2018 I� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION File No.3 Owner's name(s): Whitney A. Gifford, Trustee of 190 Cliff Road Nominee Trust e f AMe SEP 10 2018 RECEIVED Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP, 6 Young's Way, Nantucket, MA 02554 Phone Number: 1-508-228-3128 E -Mail: air@readelaw.com Applicant's name(s) Mailing Address: Same Phone Number: E -Mail: Locus Address; 190 Cliff Road Assessor's Map/Parcel: Map 40, Parcel 23 Land Court Plan/Plan Book & Page/Plan File No.: LC Plan 9455-P, Lot 34 & Plan 2009-38, Lots B-1.1 and B-1.2 Cerftificate No. 19584, Book 1306, Page 276 and Deed Reference/Certificate of TitlePook 1306, Page 225 on7ing District LUG 1 Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwellings 2 Duplex Apartments Date of Structure(s): all pre -date 7/72 or 2001 & 2002 Building Permit Numbers: 765-99, 1229-99, 236-01, 104-02, 704-02, 283-11, 444-12 and 509-12 Previous Zoning Board Application Numbers 033-12 2 Fairgrounds Road Nantucket Massachusetts 02554 508 325-7587 telephone 508-228-7298 facsimile ADDENDUM TO APPLICATION OF WHITNEY A. GIFFORD, TRUSTEE OF 190 CLIFF ROAD NOMINEE TRUST The applicant is requesting Special Permit relief pursuant to Nantucket Zoning By-law §139-33.A(4) (alteration of pre-existing nonconforming structures) in order to extend the pre-existing nonconforming structure upon the locus without creating any new nonconformity. The locus contains 46,903± square feet in lot area, and accordingly is conforming with minimum lot area of 40,000 square feet in this Limited Use General -1 ("LUG -1") zoning district; however, the existing improvements upon the lot, with ground cover ratio of about 7.6%, which conformed with the ground cover ratio of 12.5% which was in effect in the Residential -2 ("R-2") zoning district in which the locus was formerly situated, became pre-existing nonconforming structures when the locus was placed in the LUG -1 district, in which the maximum ground cover ratio is 7%. The applicant is proposing to construct a 234 and a 9 square foot addition consisting of enclosure of an existing pergola over a stone patio and a demolition and reconstruction using the existing foundation of an existing wart on the southerly side of the single-family dwelling, pursuant to the Historic District Commission approval granted in Certificate of Appropriateness No. 70615. In the alternative, the applicant is requesting Variance relief under By-law §139-32 from the intensity regulations under By-law §139- 16 as to ground cover requirements for the proposed work. The locus is situated at 190 CLIFF ROAD, is shown on Nantucket Assessor's Map 40 as Parcel 23, consists of Lot 34 on Land Court Plan 9455-P and Lots B-1.1 and B-1.2 on plan recorded with Nantucket Deeds as Plan No. 2009-38, with title held by the applicant under Certificate of Title No. 19584 and deeds recorded with Nantucket Deeds in Book 1306, Pages 257 and 276, respectively, and is situated in the Limited Use General -1 zoning district. Town and County of Nantucket, MA September 5, 2018 41 65 � 16� a 1 t 1; f, i 1. :. .. -i++wv--- .� i t CLIFF RD -....... := S 43 4024 4Q-, 4025.1 lfr. L16- tj•Ay y,.1� � .,e-'' "�� � sir• '.: �tst i� GQ 9le' '.� 1"=134ft Property information Property ID 4023 r %� Location 190 CLIFF RD.�. y-,~ Owner GIFFORD WHITNEY A TR °P4 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 08/02/2018 Properties updated 09/0512018 CURRENT ZONING CLASSIFICATION: Limited Use General 1 (L.U.G.-1) 192 CLIFF ROAD Existing: MINIMUM LOT SIZE: 40,000 S.F. 46,903 S.F.f (LOTS B-1.1, B-1.2 & 34) MINIMUM FRONTAGE: 100 FT. SEE PLAN FRONT YARD SETBACK: 35 FT. SEE PLAN REAR/SIDE SETBACK: 10 FT. SEE PLAN GROUND COVER %: 7% 7.6% t LOT 81.1 LOT 81.2 LOT 34 TOTAL n it P b AREA 2,339 S.F.t 1,695 S.F.± 42,869 S.F.t 76,-9-033797.1 C0 40-25.3 N/F SALLY V. SIEBOLD CERT. J16329 L.C.C. 8852—S LOTS 31 & 32 ■ DENOTES CONCRETE BOUND FOUND THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A. PROPERTY LINE SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. EXIST. . moo. POOL EQUIPMENT i EXIST. 1 STY. W/F CABANA UNENCLOSED X. EXIST. JACUZZI CO 2—A/C I _ �xV UNITS EXIST. 1 1 2 STY. W F STRUCTURE l 0, 765 S.F-E ASSESSOR MAP: . 40. . . , PARCEL: . ?3 . . T:\PAJE 2 JOB 48 V:\DRAWFILES\B5036\ZBA.dwg 2/14/2013 8:30:47 AM EST N/F 192 CLIFF ROAD NOMINEE TRUST BK. 1306, PG. 270 <ROADWAY40-22 LAN No. 2009-38 LOT B-1 C0 40-25.3 N/F SALLY V. SIEBOLD CERT. J16329 L.C.C. 8852—S LOTS 31 & 32 ■ DENOTES CONCRETE BOUND FOUND THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A. PROPERTY LINE SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. EXIST. . moo. POOL EQUIPMENT i EXIST. 1 STY. W/F CABANA UNENCLOSED X. EXIST. JACUZZI CO 2—A/C I _ �xV UNITS EXIST. 1 1 2 STY. W F STRUCTURE l 0, 765 S.F-E ASSESSOR MAP: . 40. . . , PARCEL: . ?3 . . T:\PAJE 2 JOB 48 V:\DRAWFILES\B5036\ZBA.dwg 2/14/2013 8:30:47 AM EST i BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MA SCALE: 1'= 50' DATE: FEBRUARY 14, 2013 Owners: 190. CLIFF ROAD . NOMINEE ,TRUST 1306/276 2009-38, LOT B-1.2 Deed Bk./Pg.:1306/257 . Plan._ 2009-38, LOT B-1.1 Cert. of Title.: #19584. Plan: L.9.9._9455—P. LOT 34 Locus: . . . . . .190 -CLIFF ROAD, . . . . . . BLACKWELL & ASSOCIATES, Inc. Professional Lad Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228-9026 EASEMENT DOC. 494258 20-24 NIF KARALEX NOMINEE DRIVEWAY 2p TRUST CERT CERT. 423507 EASEMENT L.C. DOC. / 9 �o� sp LCC. 9455—P �? O_ p' LOT 35 i BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MA SCALE: 1'= 50' DATE: FEBRUARY 14, 2013 Owners: 190. CLIFF ROAD . NOMINEE ,TRUST 1306/276 2009-38, LOT B-1.2 Deed Bk./Pg.:1306/257 . Plan._ 2009-38, LOT B-1.1 Cert. of Title.: #19584. Plan: L.9.9._9455—P. LOT 34 Locus: . . . . . .190 -CLIFF ROAD, . . . . . . BLACKWELL & ASSOCIATES, Inc. Professional Lad Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228-9026 CURRENT ZONING CLASSIFICATION: Limited Use General 1 (L.U.G.-1) MINIMUM LOT SIZE: 40,000 S.F. MINIMUM FRONTAGE: 100 FT. FRONT YARD SETBACK: 35 FT. REAR/SIDE SETBACK: 10 FT. GROUND COVER %: 7% .LOT LOT B1.1 LOT 81.2 LOT 34 TOTAL n P b Existing: 46,903 S.F.+ (LOTS B-1.1, B-1.2 & 34) SEE PLAN SEE PLAN SEE PLAN 7.26% f / AREA 2,339 S.F.t 1,695 S.F.t 42,869 S.F.f 46,903 S.F.t ROADWAY 40-22 1y EASEMENT N/F qN 0' 192 CLIFF ROAD NOMINEE TRUST DEED RK. 1306, PG. 270 \ I PLAN No. 2009-38 �d \ LOT B-1 �o { 'o• 2ND STY L.S. 10 AD EXIST. 6'0. POOL EQUIPMENT ?EXIS"TO EXIST. 1STYW/F CAa4NApUNENCLOSED JACUZZI EXIST. 1 1/2 STY. W/F STRUCTURE 750 S.F.f (Foundation) 40-25.3 N/F SALLY V. SIEROLO U� CERT 416329 4Zli OF Mqs L.C.C. 8852—S Sy4p `SqO\ LOTS 31 do 32 116 WANNACOMET ROA oz JEFFREY L. Ln BLACKWELL m Q Na 35388 r1 LEG ,V,.. ■ DENOTES CONCRETE BOUND FOUND ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY STAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. THIS INSPECTION PIAN WAS PREPARED TO ACCOMPANY AN APPLICATION TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY UNES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR RECORDS. THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN ITS INTENDED USE STATED ABOVE ©Blackwell & Associates Inc. T:\PAJE 2 JOB 48 V:\DRAWFILES\85036\2018 ZBA.dwg 9/4/2018 12:53:19 DRIVEWAY EASEMENT ( 1 L C. DOC. 59 1`89771 %rj pct 5.� EASEMENT DOC. 194258 20-24 N/F IGIR4LEA' NOMINEE TRUST CERT 123507 L.C.C. 9455—P LOT 35 Existing Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Mass. SCALE: 1"= 50' DATE: September 04, 2018 owners: 190, CLIFF ,ROAD. NOWNEE ,TRUST 1306/276 2009-38, LOT B-1.2 Deed Bk./Pg.:1306/257 , Plon: 2009-38, LOT B-1.1 Cert. of Title.: 1111955.4. plan: LC.C. 9455—P, LOT 34 Tax Map—Parcel: . . . 40-23 Locus: . . . . . .190 ,CLIFF ROAD, BLACKWELL & ASSOCIATES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228-9026 PM EDT 25038 CURRENT ZONING CLASSIFICATION: Limited Use General 1 (L.U.G.-1) MINIMUM LOT SIZE: 40,000 S.F. MINIMUM FRONTAGE: 100 FT. FRONT YARD SETBACK: 35 FT. REAR/SIDE SETBACK: 10 FT. GROUND COVER 9: 79 LOT B1.1 LOT 81.2 LOT 34 TOTAL xi ti Propped: 46,903 S.F.* 46,903 S.F.t SEE PLAN SEE PLAN SEE PLAN SEE PLAN SEE PLAN SEE PLAN 7.269 t 7.89 t AREA 2,339 S.F.f 1,695 S.F.t 42,869 S.F.t 46,903 S.F.f ROADWAY 40-22 �1 V EASEMENT N/F o�. 192 CLIFF ROAD / NOMINEE TRUST EXIST. 1 STY. DEED BK. 1306, PG. 270 W/F CABANA p I PLAN No, 2009-3B EXIST / ` LOT B-1 \2 \ EXIST. 1 1/2 STY_ W/F VG ADDMON 0\ j0� 2341 S.F. 750 S.F.t moo- 2ND STY L.S. m1p.11 EXIST. °o_ POOL EOUIPMENT o�. EXIST. 1 STY. W/F CABANA p UNENCLOSED EXIST / JACUZZI 0 PROPOSED EXIST. 1 1/2 STY_ W/F VG ADDMON 0\ STRUCTURE 2341 S.F. 750 S.F.t oy� O ti✓ �� (Foundation) I 0 1 j PRO OSED / vP O� ors- ADDMON NET / INCREAS£1 / N., 9t S.F. 40-25.3 ' N/F SALLY V. SIEBOLD CERT. 416329 tt1 OF Mq L.C.C. 8852-5 LOTS 31 & 32 ©? .JEFFREY L s 116 WANNACOMET ROA G DRIVEWAY Z 8 m EASEMENT i` goy Q No 35388 L.C. DOC. 7 V 1 . ■ DENOTES CONCRETE BOUND FOUND ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY STAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. THIS INSPECTION PLAN WAS PREPARED TO ACCOMPANY AN APPLICATION TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR RECORDS. THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN ITS INTENDED USE STATED ABOVE. QC Blockwell & Associates Inc. T:\PAJE 2 JOB 48 5� a���a 5 `I EASEMENT DOC. 194258 20-24 N/F KARALEX NOMINEE TRUST CERT. 123507 L.C.C. 9455—P LOT 35 Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Mass. SCALE: 1"= 50' DATE: September 04, 2018 Owners: 190. CLIFF ROAD, NOMINEE ,TRUST 1306/276 2009-38, LOT B-1.2 Deed Bk./Pg.:1306/257 _ plan.2009-38, LOT B-1.1 Cert. of Title.: #19584 plan_ LC.C. 9455—P, LOT 34 Tax Map—Parcel: 40-23. . . _ , . Locus: . . . . . _ 1.9.0 CLIFF ROAD. BLACKWELL do ASSOCIATES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228-9026 V:\DRAWFILES\B5036\2018 ZBA.dwg 9/4/2018 12:53:19 PM EDT CERTIFICATE NO: LX<26 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 pencil) or marked N/A. TOTE: 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. his is a contractualagreement and must be filled out in ink. An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 of the Acts and tesolves 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. he certificate is valid for three years from date of issuance. No structure may differ �0"7 -om the approved application. Violation may impede issuance of Certificate of FOR OFFICE USE ONLY )ccupancy. PROPERTY DESCRIPTION / //�� Date lication received:'I ti (I ti Fee Paid: $ V36" AX MAP N°: � �A13o L N°n. c2- treat & Number of Proposed Work: wner of record: JE I F17 /t n� ailingAddress: � �- Dntact Phone #: _ZZ 7-7,?-�--mail: AGENT INFORMATION (if applicable) ame: tu & /FG ailing Address: % 69-4)M- S% /LI ontact Phone #: 1-7— ZZ- - Z 71 "E-mail: -1 Must be acted on by: Approved:�, ma - Chairman: �� Member: Member: Member: Notes - Comments - Restrictions - Conditions DESCRIPTION OF WORK TO BE PERFORMED See reverse for required documentation. I New Dwelling Addition S F-1GarageE3Driveway/Apron El Commercial El Historical Renovation ElDeck/Patio ❑ Steps 11 Shed I Color Change E3Fence E3Gate E3Hardscaping E3Move Building ElDemolition ❑ Revisions to previous Cert No. I Pool (Zoning District _) ❑ Roof ze of Structure or Addition: Length: Width: ❑ Other _ Sq. Footage 1 st floor: Sq. footage 2nd floor: Sq. footage 3rd floor: ifference between existing grade and proposed finish grade: North eight of ridge above final finish grade: North 2 J-7- I South dditional Remarks REVISIONS` istoric Name: riginal Date: riginal Builder: (describe) j)= Decks ati T7-/-4L- South East 1. E1 st-Elevation 4DDI -1-1 nAJ 2. SSatAh Elevation ft 0 i 77 t ti IVB 3. West Elevation "DrT/duf 4 N�eHAh Elevation An p7 j1 G+) Size: 11-K' /I E 1st floor ❑ 2nd floor Size: ❑ 1 at floor ❑ 2nd floor East West West 7-0 r f0trj ; 3 LA"-0-r-G;�k%c✓i , v LEwi # 11_I6N-T 1 4-tirEl;,J alir0cws L6rT there an HDC survey form for this building attached? ❑ Yes ❑ N/A `Cloud on drawings and submit photographs of existing elevations. c� DETAIL OF WORK TO BE PERFORMED :oundation: Height Exposed _S ❑ Block ❑ Block Parged ❑ Brick (type) Poured Concrete ❑ Piers Aasonry Chimney: ❑ Block Parged ❑ Brick (type) [3Other loot Pitch: Main Mass Tyr. /12 Secondary Mass 1c- /12 Dormer /12 Other loofingmaterial: ❑Asphalt: 11 3 -Tab 11 Architectural Fence: Height: Wood (Type:d Ced , White Cedar, Shakes, etc.) Type: tkylights (flat only): Manufacturer Manufacturer :utters: ❑ Wood ❑ Aluminum .eaders (material and size):_ :Idewall: L Cwhite cedar shingles ❑ Other rim: A. Wood B. Treatment C. Dimensions: Rough Opening Rough Opening ❑ Copper ❑ Leaders (material) ❑ Clapboard (exposure: Length: Size Location Size Location inches) Front ❑ Side ❑ ❑ Pine ❑ Redwood t,�itedar ❑ Other (Paint ❑ Natural to weather ❑ Other Fascia $ Rake 1E Soffit (Overhang) Comer boards - Frieze Window Casing Door Frame 4- Columns/Posts: Round )OL Square lindows`: �gbouble Hung ❑ Casement ❑ All Wood ❑ Other PTe Divided Lights(muntins), single pane ElSDUs (Simulated Divided Lights) Manufacturer - oors` (type and material): (�DL El SOL Front Rear' `/ % Side - /�%G . Garage Door(s): /Ty_pe Material ardscape materials: Driveways Walkways Wails Note: Complete door and window schedules are required. �1 COLORS idewall /V 6T Clapboard (if applicable) Roof -' im Sash tC1f-1-/I`E. Doors W d ITS eck Foundation -- Fence Shutters — 4ttach manufacturer's color samples if color is not from HDC approval list. iereby authorize the agent named above to act on my behalf to make changes in the specifications or the plans contained in this application in order to bring the applica- m into comppfi''ance with the HDC guidelines. I hereby agree to abide by and comply with the terms and conditions of this application. I hereby agree that the submission of iy rev n 5 . t/his application will initiate a new sixty-day review period.%( l� M� "7/in / /LI Sionature of owner of record X,� 4 Signed under penalties of perjury F - 2N U Q` Or 137608 2012 0013-60- 2MIIV2IIN0000W2IN 49Doc: SP 07/11/2012 01:37 PM l�tll Cert: 19584 Doc: SP Reglstered: 07/11/2012 01:36 PM G c= c TOWN OF NANTUCKET M Cn BOARD OF APPEALS m NANTUCKET, MASSACHUSETTS (254 r— M z rn Date: June 18, 2012 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: � 10 Application No: 033-12 Owner/Applicant: WHITNEY A. GIFFORD, TRUSTEE OF 190 CLIFF ROAD 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 90A, 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. Edward S. Toole, Chairman 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 508-228-7215. 137608 NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 40, Parcel 23 Land Court Plan 9455-P, Lot 34; Certificate of Title No. 19584; Plan 2009-38, Lots B-1.1 & B-1.2 Deeds, Book 1306, Page 257 190 Cliff Road and Book 1306, Page 276 Limited Use General -1 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, May 10, 2012, at 12:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of WHITNEY A. GIFFORD, as Trustee of 190 CLIFF ROAD NOMINEE TRUST, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 033-12: 2. The applicant/appellant is requesting Special Permit relief pursuant to Nantucket Zoning By-law §139-33.A(4) (alteration of pre-existing nonconforming structures) in order to extend the pre-existing nonconforming structure upon the locus without creating any new nonconformity. The applicant/appellant is also appealing the ruling of the Zoning Enforcement Officer that the proposed 369.5 square foot unenclosed porch on the pool cabana constitutes ground cover as defined in By-law §139-2 (definitions) of the By-law. The locus contains 46,903± square feet in lot area, and accordingly is conforming with minimum lot area of 40,000 square feet in this Limited Use General -1 ("LUG -1") zoning district; however, the existing improvements upon the lot, with ground cover ratio of about 7.70, which conformed with the ground cover ratio of 12.5% which was in effect in the Residential -2 ("R-2") zoning district in which the locus was formerly situated, became pre-existing nonconforming structures when the locus was placed in the LUG -1 district, in which the maximum ground cover ratio is 70. The applicant/appellant is proposing to construct a 288 square foot addition to the principal residence, demolish the existing 161 square foot pool cabana, and replace the pool cabana with a 136.5 square foot cabana having an attached 369.5 square foot unenclosed porch, having no enclosed space above or below it. In the alternative, the applicant/appellant is requesting Variance relief under By-law §139-32 from the intensity regulations under By-law §139-16 as to ground cover requirements for the proposed work. The locus is situated at 190 CLIFF ROAD, 137608 is shown on Nantucket Assessor's Map 40 as Parcel 23, consists of Lot 34 on Land Court Plan 9455-P and Lots B-1.1 and B-1.2 on plan recorded with Nantucket Deeds as Plan No. 2009-38, with title held by the applicant/appellant under Certificate of Title No. 19584 and deeds recorded with Nantucket Deeds in Book 1306, Pages 257 and 276, respectively, and is situated in the Limited Use General -1 zoning district. 3. 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, on the basis that no matters of planning concern were presented. Apart from the presentation by the applicant/appellant's representatives, there was no support nor opposition presented in person or by correspondence at the public hearing. 4. As presented by the applicant/appellant's representatives, the locus was formerly situated in the R-2 zoning district, in which the existing structures were conforming with ground cover ratio and all other dimensional zoning requirements, with considerable additional ground cover available. The 2006 upzoning to LUG -1 rendered the locus nonconforming as to ground cover ratio, however. The applicants/appellants propose to construct an addition to the single-family principal dwelling, which would increase the already -nonconforming ground cover ratio but would conform to all other dimensional zoning requirements. Because this constitutes the alteration to an already -nonconforming single- family dwelling without creating a new nonconformity, which will intensify the pre-existing nonconformity, approval for the alteration can be made by special permit if the Board of Appeals finds that the alteration may be made without being substantially more detrimental to the neighborhood than the per - existing nonconformity. 5. The Nantucket Historic District Commission ("HDC") has issued a Certificate of Appropriateness, No. 55261, approving the proposed alterations to the principal single-family dwelling. The 288 -square foot ground cover of the addition is modest compared to the size of the lot and the structure, and no opposition has been received. Based upon these facts, the Board of Appeals, by unanimous vote, made the finding that the proposed addition would not be substantially more detrimental than the pre-existing ground cover ratio nonconformity of the dwelling. 137608 5. As to the pool cabana, the applicant/appellant's representatives demonstrated that the portion of the structure which would be open on its sides except for supporting members would constitute an unenclosed porch, and accordingly that under the definition of "ground cover" under the Zoning By-law is to be excluded from the calculation of ground cover ratio. Accordingly, the Board of Appeals found by unanimous vote that the ruling of the Zoning Enforcement Officer that this portion of the structure would constitute ground cover was error. In fact, the proposed alteration of the pool cabana by demolition and reconstruction will reduce the ground cover of that structure. The proposed work upon the pool cabana has also been approved by the HDC, under Certificate of Appropriateness No. 57412. The Board of Appeals therefore found that the alteration of the pool cabana by demolition and reconstruction as proposed would not be substantially more detrimental to the neighborhood, and in fact, since a reduction in ground cover would be achieved, would be beneficial to the neighborhood. 6. Accordingly, by unanimous vote, the Board of Appeals took the following action: (a) Granting relief by Special Permit to the applicant for all of the proposed work as described herein as shown on the plan entitled, "Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Mass.", dated April 18, 2012, prepared by Blackwell & Associates, Inc., attached hereto as "Exhibit A"; and, (b) Sustaining the appeal from the ruling of the Zoning Enforcement Officer that the open portion of the pool cabana would constitute ground cover. SIGNATURE PAGE TO FOLLOW 137608 Dated: �w I , 2012 1,7 S an McCaKt Y COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. L J iXI- l 0 , 2012 On this da of�1�� , 2012, before me, the undersigned Notary Public, personally appeared OA" , who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me tha I��i Yshe signed it voluntarily for its stated purpose. �c: ��,,, sd✓ My 4}n�iCti�� ' Y P i commission expires,_ / _' ; • ,.9 -I; I CERTIFY THAT 20 DAYS HAVE ELAPSED AFTER FILED 1N THE OFFtCE OF THE V/y, THE DECISION WAS AT O APPEAL HAS BEEN TOWN URSUANTTOERI� ANDGEN RALLAWS 40A, SEC11ON I FILED, P TOWN CLERK r+ ATRUE GopY JUL 10 2012 t4WTUCKET TOWN CLERK CURRENT 20NING CLASSIFICATION: Limited Use General 1 (L.U.G.-1) MINIMUM LOT SIZE: 40,000 S.F. MINIMUM FRONTAGE: 1 DO FT. FRONT YARD SETBACK: 35 FT. REAR/SIDE SETBACK: 10 FT. GROUND COVER %: 7% 137608 . /� ( t-�4 4 - Existing: 46,903 S.F.t Proposed: 46,903 S.F.t SEE PLAN SEE PLAN SEE PIAN SEE PLAN SEE PLAN SEE PLAN 7.77% t 8.34X t ROADWAY 40-22 EASEMENT N/F / 192 CLIFF ROAD NOMINEE TRUST DEED BK. 1 JO6, PG. 270 PLAN No. 2009-38 ` LOT B-1 �o ti J fo AD PROPOSED ' CABANA 136.5 SF.t \r 55.7 f 4\" EXIST. 7 1/2 PROPOSED �\6'� UNENCLOSED PORCH STRUCTURE 765 S.F. f 336 S.F.t EXIST. O JACUZZI CO 2—A/C PROPOSED ADDITION &; ,UNITS 2BB SF-* F EXIST. 7 1/2 STY. W/F si STRUCTURE 765 S.F. f G' 40-25.3 N/F SALLY V. SIEBOLD CERT. ,/16J29 L.C. C. 8852—S LOTS 31 do J2 ■ DENOTES CONCRETE BOUND FOUND ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET REGISTRY OF DEEDS FOR RECDRDING PURPOSES. IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND UNALTI-IORVED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY STAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. THIS INSPECTKIN PIAN WAS PREPARED TO ACCOMPANY AN APPLICATION TO THE NANTUCKET BOARD OF APPEALS AND S NOT TO BE CONSIDERED A FULL INSTRUuENT SURVEY. THIS PLAN SHOULD NOT BE USED TO FST/�yUSH PROPERTY L* , FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREM5ES, THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR RECORDS. THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN ITS INTENDED USE STATED ABODE. ©BlockWdl k Associates Inc DRIVEWAY EASEMENT L. C. DOC. 189771 10� 1 EASEMENT DOC. f94258 20-24 N/F KARALEX NOMINEE TRUST CERT. /23507 L.C.C. 9455—P LOT 35 Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Mass. SCALE: 1'= 50' DATE: APRIL 18, 2012 Owners: 190, CLIFF ,ROAD, NOMINEE ,TRUST 1305/276 2009-38, LOT B-1.2 Deed Bk./Pg.:1396/457. Pion: 2009738, LOT B-1 1 Cert. of Title.: 11.9584, Plan: L.C.C.,9455-P, LOT 34 Tax Mop—Porcel: . . . 40-23 Locus: . . . . . . 1.90 CLIFF ROAD . V:\DRAWFILES\B5036\ZBA.dwg 4/18/2012 10:09:39 AM EDT BLACKWELL & ASSOCL4TES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228-9026 B5036 137608 r 7iM D T :n 9 C— C: .m-0 77 c'� ,c "m-4 �. v FJ O �( G Yy Z D R c M -i W O r S Town of Nantucket Zoning Board of Appeals 19 sFp 9ss� s� 414, 1p aiS`� '98 LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER..,, Whitney A: Gifford, Trustee of 190 Cliff Road Nominee Trust MAILING ADDRESS.....,c/o Reade, Gullicksen, Hanley &Gifford, LLP .....:....................................................... PROPERTY LOCATION.... ,190 Cliff Road . ...... . ... . . ASSESSOR MAP/PARCEL ... Map 40, Parcel 23 SUBMITTED BY............R ..... Gullicksen, Hanley.. Gifford, LLP 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). • ('-5-19 DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET 0 Z Z N H EH L) E-4 N a a a a a ❑a °a y ❑❑❑ w z m w❑❑❑❑ w w o a a a 0 oa °a 0 a a a a o 0 O w w w U U w w w G. U U ,.� ❑ w w r.. Q N a w w w w Q Q .a a a a a z wX w z a a a a z z U w U U U 3 R 3 U U U U 3 3 W rl O\ W O� .O M •-I N N� m m r N N O ti ul m �l1 C N r rl � if1 W C N M M N �O N �fl N O O .O W Z m z z w V z U U 3 yy 88 Z U 8 Z O a0 U U m z E+ i. D D O D w 8 !. � D D H U E E FH .4 F F W x �i Z Z �d w a z z Z Z Z W U' z z z Z m$ m d H a a a El a W fw+] Z a F Z aZ a F m H P❑L m wa F> FW C W m N am w .N -i U m Q M M F m m O ❑ w m a x air .. -+ z m W, z a o a° s m W U Om rn a m Om �' N aW �o O (7 m O r w 0 0 H H ❑ ❑ Z z 3 D D m O O S m w w � a .m, F w a a m E F 1 E W x N3 2 �7 -4 U a F Z Z a m Z❑ O ff a a D w o o❑W 3Q' z F x a a m F 0" `-' ZQ a i m F 3 Z a D m m U F E+ Z Z a i4 ❑ ,gZ�gyy W ❑ r 44 ZZy Y. m rmggggr�� W E D aO m !. O E Q Q D D H W Z m E+ w m W m m❑ S E E+ .-> > W a Z w W .7 W a 0 Z Z .7 N> W Q H Q w o Q Q H w Q z (7 3❑ rn m m z z 3 m m m R 40 NANTUCKET TOWN OF 16 BROAD ST NANTUCKET, MA 02554 40 GIFFORD WHITNEY A TR 192 CLIFF ROAD NOMINEE TRUST P O BOX 2669 NANTUCKET, MA 02584 40 WIESSMANN R L TRST ETAL 1 GREEN BRIAR CIR NEWTOWN, PA 18940 40 DALEY PAUL P & BARBARA S 196 CLIFF RD NANTUCKET, MA 02554 40 SIEBOLD SALLY V C/O TOWN MOTORS PO BOX 8159 ENGLEWOOD, NJ 07631 40 BERSTEIN DOUGLAS TR MAXEY POND RD NOM TRUST 775 MILL CREEK RD GLADYNE, PA 19035-1546 40 WOOD ALASTAIR & ALISAA 8 E 96TH STREET NEW YORK, NY 10128 40 12 WANNACOMET LLC 550 PARK AVENUE NEW YORK, NY 10065 41 NANTUCKET CONSERVATION FOUND I PO BOX 13 NANTUCKET, MA 02554 41 NANTUCKET CONSERVATION FOUND I PO BOX 13 NANTUCKET, MA 02554 41 WILLIAMS ANDREW B & SARAH W 520 PLYMOUTH RD BLUE BELL, PA 19422 41 SILVERMAN LESTER P TR SILVERMAN LESTER P REV TRUST 3005 O STREET NW WASHINGTON, do 20007 41 SEVENTEEN WANNACOMET LLC 81 BLACKBURN ROAD SUMMIT, NJ 07901 41 BAER STEPHEN D & PHYLLIS S 115 MONROE RD QUINCY, MA 02169