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HomeMy WebLinkAbout37-18 190 Cliff Road (2)SEP 10 2018 IU TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 ° e'�nd 0' ppppeea lli SEP 1 0 2018 RECEIVED APPLICATION N !� O N Fee: $450.00 File No. 3 Owner's name(s): Whitney A. Gifford, Trustee of 190 Cliff Road Nominee Trust Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP, 6 Young's Way, Nantucket, MA 02554 Phone Number: 1-508-228-3128 Applicant's name(s): Same Mailing Address: E -Mail: air@readelaw.com 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 TitleBook 1306, Page �5oning 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. IUVVII 0.I IU I,UUI ILy UI INdIILUt KCL, Ivlr•, Jepiemoer 5, LUlti 4 i+ -- r Go gle'' Property Information Property ID 4023 Location 190 CLIFF RD Owner GIFFORD WHITNEY A TR 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 09/05/2018 1"=134ft Sill 41 - W674,11' 3 40 24 ISO 4 i+ -- r Go gle'' Property Information Property ID 4023 Location 190 CLIFF RD Owner GIFFORD WHITNEY A TR 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 09/05/2018 1"=134ft CURRENT ZONING CLASSIFICATION: Limited Use General 1 (L.U.G.-1) 92 CLIFF ROAD Existing• MINIMUM LOT SIZE: 40,000 S.F. MINIMUM FRONTAGE: 46,903 S.F.t (LOTS B-1.1, B-1.2 & 34) FRONT YARD SETBACK: 100 FT. 35 FT. SEE PLAN SEE PLAN REAR/SIDE SETBACK: 10 FT. SEE PLAN GROUND COVER 7: 7% 7.6% f 10 LOT B1.1 LOT 61.2 LOT 34 TOTAL r n 'r m / b AREA 2,339 S.F.t 1,695 S.F.t 42,869 S.F.t 46,903. '1 \ �8 EXIST. o_ POOL EQUIPMENT 'OX IX/ST. 1 STY. W/F CABANA N Q� UNENCLOSED EXIST. JACUZZI ,0 2—A/C &V UNITS _ EXIST. 1 1/2 STY. W/F STRUCTURE / 765 S.F. ± 40-25.3 N/F SALLY V. SIEBOLD CERT. (16329 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. ASSESSOR MAP: . 40. . . , PARCEL: 23 . T:\PAJE 2 JOB 48 V:\DRAWFILES\B5036\ZBA.dwg 2/14/2013 8:30:47 AM EST DRl✓EWAY EASEMENT L. C. DOC. 0 l� EASEMENT DOC. 194258 20-24 NIF KARALEX NOMINEE TRUST CERT. /423507 L.C.C. 9455—P LOT 35 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.2009738, LOT B-1.1 Cert. of Title.: #79584. Plan: LC.C. 9455—P, LOT 34 Locus: . . . . . ,190 CLIFF ROAD BLACKWELL & ASSOCIATES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228-9026 B5036 N/F 92 CLIFF ROAD NOMINEE TRUST BK. 1306, PG. 270 <ROADWAY40-22 AN No. 2009-38 LOT B-1 '1 \ �8 EXIST. o_ POOL EQUIPMENT 'OX IX/ST. 1 STY. W/F CABANA N Q� UNENCLOSED EXIST. JACUZZI ,0 2—A/C &V UNITS _ EXIST. 1 1/2 STY. W/F STRUCTURE / 765 S.F. ± 40-25.3 N/F SALLY V. SIEBOLD CERT. (16329 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. ASSESSOR MAP: . 40. . . , PARCEL: 23 . T:\PAJE 2 JOB 48 V:\DRAWFILES\B5036\ZBA.dwg 2/14/2013 8:30:47 AM EST DRl✓EWAY EASEMENT L. C. DOC. 0 l� EASEMENT DOC. 194258 20-24 NIF KARALEX NOMINEE TRUST CERT. /423507 L.C.C. 9455—P LOT 35 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.2009738, LOT B-1.1 Cert. of Title.: #79584. Plan: LC.C. 9455—P, LOT 34 Locus: . . . . . ,190 CLIFF ROAD BLACKWELL & ASSOCIATES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228-9026 B5036 CURRENT ZONING CLASSIFICATION: Limited Use General 1 (L.U.G.-1) MINIMUM LOT SIZE: 40,000 S.F. MNIMUM FRONTAGE: 100 Fr. FRONT YARD SETBACK: 35 FT. REAR/SIDE SETBACK: 10 FT. GROUND COVER %: 7% Im LOT 81.1 LOT 81.2 LOT 34 TOTAL r �o _Existing, 46,903 S.F.t (LOTS B-1.1, B-1.2 & 34) SEE PLAN SEE PLAN SEE PLAN 7.26% t AREA 2,339 S.F.f 1,695 S.F.f 42,869 S.F.f 46,903 S.F.f 'Lo ROADWAY 40-22 EASEMENT NIFry p 192 CLIFF ROAD NOMINEE TRUST IDEED RK. 1306, PC. 270 ' PLAN No. 2009-38 \�'9d 5, LOT B-1 2ND STY L.S. N �� \ iR \ ss, p� <�o,,� M. EXIST. i °'o. POOL EQUIPMENT EXIST 1 STY. 2? W/F CABANA UNENCLOSED EXIST JACUZZI 'EXIST. 1 1/2 STY. W/F STRUCTURE 750 S. F.* (Foundation) , 40-25.3 N F SALLY SJEBOLD p CERT. 116329 L.C.C. 88$2—S �t%A OF Ayes LOTS 31 dr 32[\� X16 WANNACOMET ROA O= JEFFREY L. s BIACKWELL Q No 35388 VV ■ 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. AN APPLICATION TOTHE ISNANTUCK NANTUCKET OFPECTION PLAN WAS APPEALS AND IS NOT EPARED TO L�TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PUN SHOULD NOT BE USED TO fSTABLISH PROPERTY LINE 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 CEUFICA71ON AS TO THE TITLE OR OWNERSHIP OF THE OF PROPERTIES ARE SHOWN ACCORDNGRTYWN. TOOURRENT TOWNOOFNNANTUCKET ASSESSOR RECORDS, THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN ITS INTENDED USE STATED ABOVE, @ Blockwell do Associates Inc. T:\PAJE 2 JOB 48 DRIVEWAY EASEMENT KI N L. C. DOC. gg �1�`89771 -, N k� g q. EASEMENT DOC_ 194258 20-24 N/F KARALE7( 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 NOMINEE ,TRUST 1306/276 2009-38, LOT B-1.2 Deed Bk./Pg.:1306/257 Pion:2009-38, LOT B-1.1 Cert. of Title.: V9584. Plan: L_9_9..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 8 7_BA-dwg 9/4/2018 12:53:19 PM EDT CURRENT ZONING CLASSIFICATION: N/F Limited Use General 1 (L.U.G.-1) 192 CLIFF ROAD LOTS 31 & 32 0? JEFFREY L. 16 WANNACOMET ROA NOMINEE TRUST Existina: Proposed: <RIOIADWAY40-22 MINIMUM LOT SIZE: 40,000 S.F. 46,903 S.F.f 46,903 S.F.f MINIMUM FRONTAGE: 100 FT. SEE PLAN SEE PLAN FRONT YARD SETBACK: 35 FT. SEE PLAN SEE PLAN REAR/SIDE SETBACK: 10 FT. SEE PLAN SEE PLAN GROUND COVER %: 7% 7.26% t 7.8% t IDI ARTA AD LOT B1.1 2,339 S.F.f RQ LOT B1.2 1,695 S.F.f LOT 34 42,869 S.F.f 126 TOTAL 46,903 S.F.f 2ND STY L. EXIST, POOL EQUIPMENT i o� EXIST. 1 STY. W/F CABANA UNENCLOSED tih EXIST A JACUZZI PROPOSED EXIST. 1 1/2 ADDITION STY W/F 234f S F. STRUCTURE i 750 S.F.f (Foundation) 0 �0r�ss, j ADDDMON / \5 % \ 'ms , INCREAS£1 9f S.F. le? -7-1 p of 40-25.3 N/F N/F SALLY V. SIEBOLD CERT. /16329 L.C.C. 8852—S 192 CLIFF ROAD LOTS 31 & 32 0? JEFFREY L. 16 WANNACOMET ROA NOMINEE TRUST BLACKWELL BK. 1306, PG. 270 <RIOIADWAY40-22 AN No, 2009-38 LOT 8-1 2ND STY L. EXIST, POOL EQUIPMENT i o� EXIST. 1 STY. W/F CABANA UNENCLOSED tih EXIST A JACUZZI PROPOSED EXIST. 1 1/2 ADDITION STY W/F 234f S F. STRUCTURE i 750 S.F.f (Foundation) 0 �0r�ss, j ADDDMON / \5 % \ 'ms , INCREAS£1 9f S.F. le? -7-1 p of 40-25.3 N/F SALLY V. SIEBOLD CERT. /16329 L.C.C. 8852—S SH LOTS 31 & 32 0? JEFFREY L. 16 WANNACOMET ROA BLACKWELL �? No 35388 I 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 ESTABUSH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY UNES 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. Q Blackwell & Associates Inc. T:\PAJE 2 JOB 48 V \DRAWF DRIVEWAY EASEMENT L. C. DOC. 189771 N EASEMENT DOC. (94258 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, N01f1NEE ,TRUST 1306/276 2009-38, LOT B-1.2 Deed Bk./Pg.:1306(257 plan:2009-38, LOT B71.1 Cert. of Title.: #1,9584. plan: T.C.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 ILES\65036\2018 ZBA.dwg 9/4/2018 12:53:19 PM EDT B5036 CERTIFICATE NO: -� CK4:�>( DATE ISSUED: L C� 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 contractual agreement 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 lesolves 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 E *om the approved application. Violation may impede issuance of Certificate of FOR OFFICE USE ONLY l )ccupancy. PROPERTY DESCRIPTION Date application received: `� tl I Fee Paid: $ AX MAP N°: ly PA CEL N°. 2— Must be acted on by: n treet & Number of Proposed Work: 0 0 l Z IFI`- &D Extended to: wrier of record: _ ii i'����� j ZL'l � Approved: isa d �/�� ailing Address: -1 !�WJ40 -sT Chairman: llj fft TU-16i(,'�r- Lr 2gc ! - Member: �f,-ZZ� Z% " IJI�! Member: ontact Phone #: � %�-mail: AGENT INFORMATION (if applicable) Member: ame: C. 2L /f / FG Z' (_ Member: ailing Address: Z /� n 57- 7 Notes - Comments - Restrictions - Conditions I /'�" " Aj kbJ Tv1%14�cT inti¢ di, ontact Phone #: Slrr-Z 2Z- Z 71 "E-mail: DESCRIPTION OF WORK TO BE PERFORMED See reverse for required documentation. I New Dwelling Addition S ❑ Garage ❑ Driveway/Apron ❑ Commercial ❑ Historical Renovation ❑ Deck/Pabo I Color Change ❑ Fence ❑ Gate ❑ Hardscaping ❑ Move Building ❑ Demolition ❑ Revisions to previous Cert No. I Pool (Zoning District ❑ Roof ❑ Other _ ze of Structure or Addition: Length: Sq. Footage 1 st floor: Decks ati • Size: /Z K / F )3 1st floor ❑ 2nd floor Width: Sq. footage 2nd floor:! G [� /?T�}L Size: ❑ 1 st floor El 2nd floor Sq. footage 3rd floor: ifference between existing grade and proposed finish --grade: North South East West eight of ridge above final finish grade: North Z i -Z South East West dditional Remarks Si C RE I ' 1. -East) -Elevation PH) D+1,a/V i-0 f rGrrT j 3 lA�r-i` cluw )-Vekj! istoric Name: (describe) 2. Seath Elevation ftOiTity TO % I Li%7 4 A.rut) (r,R pcl js riginal Date: N?- 3. West Elevation "DrT/6 U j 7'0 /-G Fl- riginal Builder: Neil I n there an HDC survey form for this building attached? 13 Yes ❑ N/A 4. NeRh Elevation 400/ �L�u L5/'T `Cloud on drawings and submit photographs of existing elevations. DETAIL OF WORK TO BE PERFORMED :oundation: Height Exposed 1_ ❑ Block ❑ Block Parged ❑ Brick (type) Poured Concrete ❑ Piers Aasonry Chimney: ❑ Block Parged ❑ Brick (type) c� ❑ Other loof Pitch: Main Mass Thr /12 Secondary Mass 7 /12 Dormer /12 Other looting material: ❑ Asphalt: ❑ 3 -Tab []Architectural Fence: Height: Wood (Type: Q d Ced , White Cedar, Shakes, etc.) Type: ❑ Steps ❑ Shed skylights (flat only): Manufacturer Manufacturer mutters: ❑ Wood []Aluminum .eaders (material and size):_ lidewall: (White cedar shingles _ ❑ Other rim: A. Wood ❑ Pine ❑ Redwood •Cedar ❑ Other B. Treatment (Paint ❑ Natural to weather ❑ Other C. Dimensions: Fascia ? Rake F Soffit (Overhang) Comer boards A7 Frieze Window Casing Door Frame Columns /Posts: Round �C- Square iindows-: Double Hung ❑ Casement ❑ All Wood ❑ Other Prue Divided Lights(muntins), single pane ❑ SDL's (Simulated Divided Lights) Manufacturer oors' (type and material): /�TDL ❑ SDL Front Rear / L / % ii Side r` S- - L / TG Garage Door(s): Type Material ardscape materials: Driveways Walkways Wails Note: Complete door and window schedules are required. �1 COLORS idewall /y � Clapboard (if applicable) Roof im WmTe Sash hiet1-E, Doors L+)H-ITE 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 com.ppli�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 revi�ns7o thisa plication will in a new sixty-day review period. �/y��7, ate Ura 114 Signature of owner of record qAL—A Signed under penalties of perjury Rough Opening Rough Opening ❑ Copper ❑ Leaders (material) Length: Size Location Size Location ❑ Clapboard (exposure: inches) Front ❑ Side ❑ C) O LL LL J 0 Z O LLJ Z Q O LLL V_ J U 0 0 p LL ` � U m z Q S a U 0 �r w F' I =«-.! f 137608 IIIIIII III!IIIIIIIIIIIIIIII IIII IIIIIIII 1 2 Doc: 09/0Page: of 7 PM 201 001 7 88 Cert: 19584 Doc: SP Registered; 07/11/2012 01:36 PM o z 'y c c= TOWN OF NANTUCKET M BOARD OF APPEALS o NANTUCKET, MASSACHUSETTS (h5§ r- 71 � 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: 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 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. 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 7.7%, 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 S. 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 S an McCai'thY COMMONWEALTH OF MASSACHUSETTS Nantucket, ss_ hit J U!i (0 , 2012 On this day of�%I, 2012, before me, the undersigned Notary Public, personally appeared V U -.r_ , 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&she signed it voluntarily for its stated purpose. My commission expires: ���r/� �� ��.�Fy f'i •9 d O •1 ' r-' 1 CERTIFY THAT 20 DAYS HAVE ELAPSED AFTERQj,�,�Ys;;,,<< THE DECISION WAS FILED IN THE OFFICE OF THE .0 TOWN FILED, PURSUANT TO GENERAL LAWS 0A SECf10N It TOWN CLERK p,TTEST: A TRUE GOPY ' JR 10 2012 7� NANTUCKET TOWN CLERK CURRENT ZONING CLASSIFICATION: Limited Use General 1 (L.U.G.-1) MINIMUM LOT SIZE: 40,000 S.F. MINIMUM FRONTAGE: 1DO FT. FRONT YARD SETBACK: 35 FT. REAR/SIDE SETBACK: 10 FT. GROUND COVER %: 7% ROADWAY EASEMENT 137608 Fxiat ring: Proposed: 45,903 S.F.* 46,903 S.F.t SEE PLAN SEE PUN SEE PLAN SEE PUN SEE PLAN SEE PLAN 7.77% f 8.34% t 40-22 ' 0,� PROPOSED i N/F 192 CLIFF ROAD / NOMINEE TRUST DEED 8K. 13061 PG. 270 ' PLAN No. 2069-36 \ L0T B— i moi PROPOSED 40-25.3 SALLY V. SIESOLD CERT. /15J29 L.C.C. 8852—S LOTS 31 & 32 LEVEND ■ 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 NDT BE USED TO ESTABLISH PROPERTY t1NES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREJAISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PUNS OF RECORD. THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TIRE 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. ©Blockwell k Associates Inc ' 0,� PROPOSED i CABAAA 136.5 aF.t 7 EASEMENT DDC. 194258 PROPOSED KARALEX NOMINEE UNENCLOSED PORCH 9p 5 EASEMENT L. C. DOC. 336 SF.t /89771 EXIST.O L JACUZZI 00 2—A/C PROPOSED UNITS 285 &Ff \� c EXIST. 1 1/2 STY, W/F r� STRUCTURE 765 S. F t 40-25.3 SALLY V. SIESOLD CERT. /15J29 L.C.C. 8852—S LOTS 31 & 32 LEVEND ■ 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 NDT BE USED TO ESTABLISH PROPERTY t1NES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREJAISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PUNS OF RECORD. THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TIRE 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. ©Blockwell k Associates Inc Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application in IVantucket, Mass. SCALE: 1 50' DATE: APRIL 18, 2012 ownus: 190, CLIFF .MAD , NOMINEE ,TRUST 1305/276 2009-38, LOT B-1.2 Deed Bk./Pg.:1306/457. Plon:2009-38, LOT B-1 1 Cert, of Title.: 11.958.4. plan,L.G,C. 9455-P, LOT, 34 Tax Mop—Porcel: 40-23, . . . , , . . Locus: . . . . . ,190 .CLIFF ROAD . . , . BLACKWELL ASSOCIATES, Inc. Professional Land Surveyors 20 TEAEDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228-9026 V:\DRAWFILES\B5036\ZBA.dwq 4/18/2012 10:09:39 AM EDT B5036 7 EASEMENT DDC. 194258 10-24 N/F KARALEX NOMINEE DRIVEWAY / TRUST �o CERT j2J507 EASEMENT L. C. DOC. / 59 !ol sb, L.C.C. 9455—P c /89771 O LOT 35 Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application in IVantucket, Mass. SCALE: 1 50' DATE: APRIL 18, 2012 ownus: 190, CLIFF .MAD , NOMINEE ,TRUST 1305/276 2009-38, LOT B-1.2 Deed Bk./Pg.:1306/457. Plon:2009-38, LOT B-1 1 Cert, of Title.: 11.958.4. plan,L.G,C. 9455-P, LOT, 34 Tax Mop—Porcel: 40-23, . . . , , . . Locus: . . . . . ,190 .CLIFF ROAD . . , . BLACKWELL ASSOCIATES, Inc. Professional Land Surveyors 20 TEAEDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228-9026 V:\DRAWFILES\B5036\ZBA.dwq 4/18/2012 10:09:39 AM EDT B5036 137608 i p4A� J� ,lo'�s15a�J to a!_a�aaj •�� aayiouar ;ISB" pa aau3 4 pan1a.ay A1NftOJ 131i�n1h+HN I 1 � 1 1 4 { 1 3 1 1 7 � Q I 1 T1 T_ 1 I tD •• IT1 M I r I Ij v I rl I w+ 1 H I + T1 IJ Iq i C ."tP I --1 I • ij 1 mCI I o ►� 1 I v m 10 1 cf CT 2 1 p 'T1 1 I � I I I I K f I iJl 1 1 1 ap 1 O t Town of Nantucket Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER...., Whitney A. Gifford, Trustee of 190 Cliff Road Nominee Trust ...................................................... Tiff n rr rrrn n nnnVice c/o Reade, Gullicksen, Hanley & Gifford, LLP PROPERTY LOCATION...,, 190 Cliff Road ......................................... ASSESSOR MAP/PARCEL.. ,Map 40,. Parcel 23 SUBMITTED BY.,. ......... Reade, Gullicksen, Hanley & Gifford, LLP ... ....... ......................... ....... I..................... 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)• Cl- 5-- I � DATE T L ASSESSOR'S OFFICE TOWN OF NANTUCKET a Z H H N H EH a� r U a� 6] F F z a a a a a s ❑ O O w Z Z w❑ 0 0 w w a a m 6 a 0 O a m a a x z W W W U U W W W W U U g H W W z N N z W W W zz 1 a N H z W W z N H N z a z z w U U U 3 S 3 0 0 0 U 3 3 H O m b E r vl N �D a Ol m Ol �O M H N i!) �O m m r ill LLl m P N M M N �O N N N O O l0 itl u1 Ol N �O O .� O ill ul P O Ol N N N m N r Ol O O N N 01 O r N ££ a£ z a z z x£ a V z£ y'y 88 z V U 3 U 3 z 0 0 0 U m Z E !� O g O q W i� ). q❑ U E y F F F a 0 Fy yF w x Z Q r1 f37 4 Z .a] W 43] Q Q a a 1 Z z z z z W 0 z z z z m 3 m Od a ❑❑ H a a a w � a z a °a ❑ ma❑ ww4K77.. w w x w Ea V) T w> w a o W EN D44 z 0 o w a x' e a x x a o a E a mW V o E m m o o a a m a m m m m �o O O m O r w Irl O O ❑ ❑ 5 Z 3 U O O x a a a F m a o o m V Ww o F a w a H w o o w RC z F 5 a a aC 0❑ F O V U z� a 3 T w 3 zQ Q N z Q a w w U z w W x❑£ W❑ H a Z W. W. £� F w F W VI W m N 0 3 E F .a > W a z W W a W a 0 Z z a H> W z c2 3 a N wm 3. z Z 3 m. m H M P vl .11 0 0 o vl � r �o io N N N N N N N N lO l0 �D P P 0 0 0 0 0 0 0~ H P P~ P P P P P P P P P P a O N O O N Ln 0) 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 %TH 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