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HomeMy WebLinkAbout02-19 5 Mill Streeti e s, �► C`.EP 2010 FEB 15 Pr# 1: G TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February 14, 2019 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 02-19 Owner/Applicant: DWZ, LLC Property Description 5 Mill Street Map 42.3.3, Parcel 79 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 Two Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.3.3, Parcel 79 Certificate of Title 25828 5 Mill Street Land Court Plan 17016-B Residential Old Historic (ROH) Lot 1 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, January 10, 2019, at 1:00 PM, 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 application of DWZ, LLC, a Massachusetts limited liability company, owner and applicant, in care of Sarah F. Alger, Attorney, Two South Water Street, Nantucket, Massachusetts 02554, File No. 02-19: 2. The Applicant is requesting Special Permit relief pursuant to Nantucket Zoning By- law (the `By-law") Sections 139-7(a), 139-30, and 139-33.A to convert a pre-existing nonconforming shed into a home office. Applicant also seeks Special Permit relief, or in the alternative Variance relief pursuant to By-law Section 139-32, to relocate a nonconforming air conditioning unit, sited as close as about 1.6 feet from the rear yard property line, to a new location as close as about 3.8 feet from the easterly side yard property line, where the minimum required side and rear yard setback is five (5) feet. The Locus is situated at 5 Mill Street, is shown on Assessor's Map 42.3.3 as Parcel 79, and as Lot 1 upon Land Court Plan 17016-B. Evidence of owner's title is registered as Certificate of Title No. 25828 at the Nantucket Registry District of the Land Court. The Locus is zoned Residential Old Historic ("ROH"). 3. Our decision is based upon the application and accompanying materials and representations and testimony received at our public hearing. The Applicant and its attorney and contractor spoke in support of the application. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. Letters in support of the application were received from the three immediate abutters to the Locus. No opposition to the application, written or oral, was received. 4. The Applicant seeks a special permit pursuant to By-law Sections 139-30 and 139- 33.A(1)(a) to convert a pre-existing, nonconforming shed to use as a home office. The Applicant also sought a special permit or, in the alternative, a variance pursuant to By-law Section 139-32 to relocate a nonconforming air conditioning unit from a location about 1.6 4 feet from the rear property line to a location about 3.8 feet from the side lot line, where a minimum rear yard setback of five (5) feet is required. 5. At the public hearing, the Applicant requested and was granted approval, by a unanimous vote of the Board, to withdraw, without prejudice, the requested relief with respect to the relocation of the nonconforming air conditioning unit. 6. The shed was constructed in or about 1950 and is located only about 2.1 feet from the rear lot line, where a minimum rear yard setback of five (5) feet is required. Originally, as shown on Land Court Plan No. 17016-B, when the Locus was created, the shed had a side yard setback of only about 2.9 feet, where a minimum side yard setback of five (5) feet is required. In 1993, the then owner of the Locus removed the easterly end of the shed under Building Permit #10353-93 and brought the shed into conformity with the side yard setback requirement, and Certificate of Occupancy #10353-94 was issued. The Locus is currently improved as shown on the building location plan dated July 24, 2018, drawn by Blackwell & Associates, Inc., a copy of which is attached hereto as "Exhibit A" (the "Building Location Plan"). 7. During the ownership of the Applicant's predecessor in title, a portion of the shed was converted to use as a home office, apparently without benefit of a permit. Such nonconformity appears to have been in existence for more than 10 years and, as a result, may be considered pre-existing nonconforming pursuant to Mass. Gen. Laws c. 40A, Section 7. 8. The Applicant purchased the Locus in 2015 and, in 2017, applied for and was granted Building Permit #717-17 to "turn existing shed into home office (no plumbing); seasonal change of use." The Applicant performed the work under Permit #717-17 and in 2018 applied for a Certificate of Occupancy ("CO"). When the Zoning Enforcement Officer denied the request for the CO, the Applicant learned that a special permit was required for the work, because the shed and the air conditioning unit associated therewith are sited in the setback. It appears that the need for a special permit may not have been flagged at the time that Permit #717-17 was issued, perhaps because no exterior work was proposed or performed. 9. Pursuant to By-law Section 139-33.A(l)(a), any change in use to a pre-existing, nonconforming structure requires a finding by the Zoning Board of Appeals "that such extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure and/or use to the neighborhood." By-law Section 139-33.A(1)(a) further provides that "[w]here [the] existing structure violates [the] rear ... yard setback distance, the special permit granting authority may issue a special permit to allow an 3 extension, alteration, or change to the structure, provided that the nonconforming setback distance is not made more nonconforming and based upon a finding that the extension will not be substantially more detrimental to the neighborhood than the existing nonconformity." 10. In this case, the use of the, shed as proposed as a home office is compatible with the neighborhood, and arguably, given its history, may already be grandfathered under Mass. Gen. Laws c. 40A, Section 7. In addition, three of the direct abutters to the Locus and those who would be most impacted by the use are all in support of the application. 11. Based upon the foregoing and the representations and testimony received at the public hearing, this Board finds that converting the pre-existing, nonconforming shed to use as a home office in its current location, maintaining the existing setback nonconformity of the shed structure (but not causing it to become more nonconforming) is in keeping with the general purpose and intent of the By-law and will not be substantially more detrimental to the neighborhood than the existing structure and use. 12. Accordingly, by a UNANIMOUS vote, the Board of Appeals GRANTS the requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning By -Law Section 139-33(A)(1)(a) to allow the conversion of the pre-existing, nonconforming shed to use as a home office in its current location, maintaining the existing 2.1 foot rear yard setback nonconformity (but not causing it to become more nonconforming), all as shown on the above -referenced Building Location Plan; and further GRANTS the request to WITHDRAW, WITHOUT PREJUDICE, the requested relief with respect to the relocation of the nonconforming air conditioning unit, sited in the rear yard setback, to a proposed location within the five (5) foot easterly side yard setback. Said AC -unit shall be removed from its current location within the five (5) foot yard setback to a compliant location, outside of all setbacks. SIGNATURE PAGE TO FOLLOW 4 Assessor's Map 42.3.3, Parcel 79 5 Mill Street Residential Old Historic (ROH) Dated: January 10, 2019 Edward S. Toole Certificate of Title 25828 Land Court Plan 17016-B Lot 1 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the 1T day of , 2019, before me, the undersigned notary public, personally appeared AtmA , one of the above- named members of the Zoning Board of Appe 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--� MEGgN T" I Notary Public ��MMdNW EALTH OF MASSACHUSETTS MV Gammission Expires On May 08.2020 L— Official ignatur d Seal of Notary Public My commission x ires r` d v 6-0 5 CURRENT ZONING. CLASSIFICATION: Residential Old Historic (R -OH) Existing LEGEND MINIMUM LOT SIZE: 5000 S.F. 7,481 S.F.t MINIMUM FRONTAGE: 50 FT. SEE PLAN ■ DENOTES CONCRETE BOUND FOUND FRONT YARD SETBACK: NONE SEE PLAN REAR/SIDE SETBACK: 5 FT. SEE PLAN O DENOTES IRON PIPE FOUND GROUND COVER % 50.% 27.2% QMH OF MqS d1 s9 o� JEFFREY L. oy 42.3.3-124 o BLACKWELL m N F U No 35388 ti A9 r' CHRISTINE SANFORD v P TRST. 42.3.3-80 FFM/LLC AC 42.3.3-78 3.8_ N/F Q_ 3196 5,6' THREE MILL ST. 1 STRY -- N. T. W/F STRUCTURE 9" A=267 S.F.tODS o 1 DECK cr .0 5.3' 2 STRY _- W/F STRUCTURE A=1,764 S.F.t n (FOUNDATION) 2i - o 88.18' PORCH DECK3314 88.66' BRICK PARKING EDGE OF PAVEMENT STONE STEPS AT FACE VERTICAL GRANITE CURBING r STREET N/F194 I r r 1 LL EDMUND LIDDLE TRST. ETAL BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1"= 20' DATE: JULY 24, 2018 THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A PROPERTY LINE DWZ, SURVEY. THIS PLAN SHOULD NOT BE USED TO ,LLC Owner: . . . . . , ,. ESTABLISH PROPERTY LINES, FENCES, HEDGES OR Cert.•.25828. .,.L.C. Plan.:. 17016-B (LOT A ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT Locus: 5 MILL STREET ' DEEDS AND PLANS OF RECORD. ' ' ' ' ' THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. BLACKWELL & ASSOCIATES, Inc. OWNERS OF ADJOINING PROPERTIES -ARE SHOWN Professional Land Surveyors ACCORDING TO CURRENT ASSESSOR RECORDS. 20 TEASDALE CIRCLE ASSESSOR MAP: . 42:3:3. , PARCEL: . 79 NANTUCKET, MASS. 02554 (508) 228-9026 T:\JACK 26 JOB 88 88198 V: \DRAWFILES\B8198\BLP2.dwa 7/24/2018 10:40:22 AM EDT "EXHIBIT A" Fee: $450.00 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Owner's name(s): DWZ LLC, a Massachusetts Limited Liability Company ff A*!"rr L `�.,,i,.nrt• tr , c= s t? Q4 ED ^ r r v File No._O Mailing address: c/o Sarah F. Alger, P.C., Four North Water Street, Nantucket, MA 02554 Phone Number: 508-228-1118 Applicant's name(s): Same as above E -Mail: sfa@sfapc.com Mailing Address: Same as above Phone Number: Same as above E -Mail: Same as above Locus Address: Five Mill Street Assessor's Map/Parce1:42.3.3/ 79 Land Court Plan/Plan Book & Page/Plan File No.: Land Court Plan 17016-B Deed Reference/Certificate of Title: 25828 Zoning District ROH Uses on Lot- Commercial: None x Yes (describe) Residential: Number of dwellings 1 Duplex Apartments Date of Structure(s): all pre -date 7/72 X or Building Permit Numbers: 10354-937 1Q353-937 15;010 97.617 167 and 717-17 Previous Zoning Board Application Numbers: 2 Fairgrounds Road Nantucket Massachusetts 02554 508 325-7587 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: App licant/Attorney/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 508 325-7587 telephone 508-228-7298 facsimile ADDENDUM Nantucket Zoning Board of Appeals DWZ LLC Five Mill Street, Nantucket, Massachusetts Assessor's Map 42.3.3, Parcel 79 The Applicant seeks a special permit pursuant to Nantucket Zoning By- law (the "By-law") §§139-30 and 139-33.A(l) (a) to convert a pre-existing, nonconforming shed to use as a home office. The Applicant also seeks a special permit or, in the alternative, a variance under By-law §139-32 to relocate a pre-existing, nonconforming air conditioning unit from a location about 1.9 feet from the rear property line to a location about 3.8 feet from the side lot line, where a minimum rear yard setback of 5 feet is required. The shed was constructed in or about 1950 and is located only about 2.1 feet from the rear lot line, where a minimum rear yard setback of 5 feet is required. Originally, as shown on Land Court Plan No. 17016-B, when the Locus was created, the shed had a side yard setback of only about 2.9 feet, where a minimum side yard setback of 5 feet is required. In 1993, the then owner of the Locus removed the easterly end of the shed under Permit #10353-93 and brought the shed into conformity with the side yard setback requirement, and Certificate of Occupancy #10353-94 was issued. During the ownership of the Applicant's predecessor in title, a portion of the shed was converted to use as a home office, apparently without benefit of a permit, and the nonconforming air conditioning unit was added. Such nonconformity has been in existence for more than 10 years and, as a result, is considered pre-existing nonconforming pursuant to Mass. Gen. Laws c. 40A, §7. The Applicant bought the Locus in 2015 and in 2017 applied for and was granted Permit #717-17 to "turn existing shed into home office (no plumbing); seasonal change of use." The Applicant performed the work under Permit #717-17 and in 2018 applied for a certificate of occupancy. When the Zoning Enforcement Officer denied the request for the certificate of occupancy, the Applicant learned that a special permit was required for the work, because the shed is located in the rear yard setback. It appears that the need for a special permit may not have been flagged at the time that Permit #171-17 was issued, because no exterior work was proposed or performed. Under By-law §139-33.A(l) (a), any change in use to a pre-existing, nonconforming structure requires a finding by the Zoning Board `that such extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure and/or use to the neighborhood." By-law §139-33.A(l) (a) further provides that 11[w]here [the] existing structure violates [the] rear ... yard setback distance, the special permit granting authority may issue a special permit to allow an extension, alteration, or change to the structure, provided that the nonconforming setback distance is not made more nonconforming and based upon a finding that the extension will not be substantially more detrimental to the neighborhood than the existing nonconformity." Both the shed and the air conditioning unit are eligible for such treatment. Evidence of owner's title is registered with Nantucket Registry District as Certificate of Tile No. 25828. The Locus is located at Five Mill Street, is shown on Nantucket Tax Assessor's Map 42 .3.3 as Parcel 79, and is located in Residential Old Historic ("ROH") Zoning District. 1 V V 1 V ONantucket Bank , SARAH F. ALGER, P.C. A division of Blue Hills Bank FOUR NORTH WATER STREET 53-7013/2113 NANTUCKET, MA 02554 PH. 508-228-1118 12/10/2018 0 6 'm PAY TO THE Town of Nantucket $ *'450.00 ORDER OF m m Four Hundred Fifty and DOLLARS m N Town of Nantucket 8 Town and County Building LU t Broad and Federal Streets Nantucket, Massachusetts ® AUTHORIZED SIGNATURE MEMO r Dewez -Filing Fee 1110103IS111 1: 2 L L3701341: 88 90 L6 273111 SARAH F. ALGER, P.C. Town of Nantucket Nantucket Bank Busin Dewez -Filing Fee SARAH F. ALGER, P.C. Town of Nantucket ZBA Filing Fee ZBA Filing Fee 12/10/2018 12/10/2018 10315 450.00 450.00 10315 450.00 Nantucket Bank Busin Dewez -Filing Fee 450.00 PRODUCT SSLT104 USE WITH 91663 ENVELOPE Deluxe Corporation 1-800-328-0304 or wwW.deluxe.com/shop • 6422467201 C5FA97 STKDK07 09/14/2018 03:02 -187- Town of Nantucket Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER.Dwz LLC ................................................................ MAILING ADDRESS c/o, SarahF;Alger, P;C., Four.North.Water.Street,.tu Nancket, MA 02554 ............ .. PROPERTY LOCATION Five Mill Street .................................................. ASSESSOR MAP/PARCELMaP.42.3:3! .Parcel .79,,,,,,,,,,,,,,,,,,,,,,,,,, ... ............. SUBMITTED BY -00Y. F.srnaodQs......................................................... 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) //49 -IS, DATE z4- -I-- T� A SESSOR'S OFF110E TOWN OF NANTUCKET Y N N U N N U N N N N A a A A a A a a A a A A a A a A A A a a a A A A A a A a A a A a A a A a r N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N A a A A A A a A A A W W W W W W W W WW W W W W W W W W W W W W W W W W W W W W W W W W W W N A A A A a A A A A A W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W N �O N w O N Y r Y r r Y r ------------ r r r r r r Y r Y r Y Y m m tb J J J J J J J W W W W W N O 1p )O d0 J Ol N a W N l0m�O� N N U N N N N N N N N N N Y O lO m J Ol U a W W N Y 0 0 r a N 0 W N O �O 1p m a 1p m J T a W N Y 0 P N� m z '.d gOg H K K C£'' H C�'1 '7 0 'L ZZ Z H r y (fin tin SOpI Lm7 M [z•1 n b nx K W to M rroi r z Z M O b M 4 tx•1 700 A O Z M [" tr" t' H y GI r 1�i w K Z y H Y K K [z9 N [h to pHpty �y yp� CJ S 'A N x A O O C Z m jp m l7 O y z (n O O c� M Z p m O [C=1 [dq 0 to N 71 ror N £ yOm H r x 'A r M N Z K Z K Lb" O 7po G1 r �O M 71 x1 y7. yy 3 y x p r b b Gl m 3 b n O b Z 5 bC ��+yJ m bC H H C O C9 ?1 r C I -i r xl z b £ N Z 711 H �m�7 O P7 H b 0 H H � 0 C H x 7C Z ro ro N r 'A N r r r 0 'A H t9 ro H O H O H 0 Q' P G) N tx7 L'] b 0 H 1�+ �A Ogg Ogg b r C'q r r C H O H H H H H N H O -1 C m M H£ O x K (roy H H b b s 4 b (r] Cr] T. 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MCKELVIE ALLAN & DARINA C PO BOX 658 FLORENCE C FRASCATI REV TRUST 3901 FORDHAM ROAD NW NANTUCKET, MA 02554 515 BORDEN ROAD WASHINGTON, DC 20016 LEXINGTON, VA 24450 4233 5544 5544 12 MILK STREET LLC NANTUCKET HISTORICAL ASSN FELDBERG WARREN D & ROSALYN J 118 EAST 95TH STREET PO BOX 1016 282 BEACON ST 10TH FLR NEW YORK, NY 10128 NANTUCKET, MA 02554 BOSTON, MA 02116 4233 5544 5544 BUTLER ROBERT M TRUSTEE WHITNEY ANN P ETAL TRST MUELLER NANTUCKET ASSCOCIATES LL BUTLER FAMILY NOMINEE TRUST HEAVEN HELPER TRUST 50 TAFT AVENUE 22 WAYDALE ROAD 11 HIDDEN SPRING DR PROVIDENCE, RI 02906 NANTUCKET, MA 02554 WESTON, CT 06883 4233 5544 5544 GRIFFITHS CHRISTOPHER L & MELISSA S WHITNEY ANN P TRST ETAL MUELLER NANTUCKET ASSC LLC PO BOX 728 HEAVEN HELPER TRUST 50 TAFT AVENUE CONCORD, MA 01742 11 HIDDEN SPRING DR PROVIDENCE, RI 02906 WESTON, CT 06883 4233 5544 5544 LIDDLE EDMUND W TR ETAL FELDBERG WARREN D & ROSALYN J NANTUCKET ISLANDS LAND BANK PIPPA REALTY NOM TRUST 282 BEACON ST 10TH FLR 22 BROAD ST PO BOX 1317 BOSTON, MA 02116 NANTUCKET, MA 02554 NANTUCKET, MA 02554 5544 5544 5544 MILL STREET LIMITED PTRSHIP NANTUCKET ISLANDS LAND BANK NANTUCKET ISLANDS LAND BANK C/O PERSONAL ADMINISTRATORS INC 22 BROAD STREET 22 BROAD ST 3939 BEE CAVE RD BLDG C-100 NANTUCKET, MA 02554 NANTUCKET, MA 02554 AUSTIN, TX 78746 5544 5544 5544 MILL STREET LIMITED PTRSHIP NANTUCKET ISLANDS LAND BANK CLARK PAMELA VAN HOVEN C/O PERSONAL ADMINISTRATORS INC 22 BROAD STREET 7 BERRY LANE 3939 BEE CAVE RD BLDG C-100 NANTUCKET, MA 02554 DARIEN, CT 06820 AUSTIN, TX 78746 5544 5544 5544 BAILEY SAMUEL JR & JANET G TRS MUELLER CARL M CLARK CAITLIN R TRST MILL STREET REALTY TRUST FOX HILL VILLAGE 9 ANGOLA ST NOM TRUST 211 MOUNTAIN SPRING ROAD 10 LONGWOOD DR APT 248 9 BERRY LANE FARMINGTON, CT 06032 WESTWOOD, MA 02090 DARIEN, CT 06820 5544 5544 5544 NANTUCKET HISTORICAL ASSN NANTUCKET ISLANDS LAND BANK CLANCY JOSEPH F TR PO BOX 1016 22 BROAD STREET CLANCY JOSEPH F REV TRUST NANTUCKET, MA 02554 NANTUCKET, MA 02554 1000 CORDWEINER DRIVE NORWELL, MA 02061 - -moo I BUILDING PERMIT NUMBER APPLICATION FOR BUILDING PERMIT IMPORTANT - Applicant to complete all items in Sections: 1, 21 3, 4, and 5 Please Print 1. OWNERS NAME (print): LOCATION Last First Mile Initial OF 5 BUILDING No, Street Assessor's Map No. 4273 Assessor's Parcel No. 2. TYPE AND COST OF BUILDING - All applicants complete Parts A-E A. TYPE OF IMPROVEMENT ❑ New Building ❑ Addition Alteration Cl Repair, replacement ❑ Demolition ❑ Moving E. PROPOSED USE Residential ❑ One Family 'gStudio ❑ Two or more family - Enter number of units ❑ Hotel, Motel, Dormitory enter number of units ❑ Second Dwelling ❑ Garage ❑ Pool ❑ Other - Specify B. OWNERSHIP APrivate ❑ Public C. COST TOTAL COST OF IMPROVEMENT D. DIMENSIONS Dimensions of Structure First Floor Area: Second Floor Area: — Third Floor Area: Total Floor Area: Full Cellar Area: Detail scope of work by floor & provide the square footage. For new buildings and additions, complete Parts D -N 3. SELECTED CHARACTERISTICS OF BUILDING for Demolition complete only Part 1., for all others skip to F. PRINCIPLE TYPE OF FRAME Wood frame ❑ Other - Specify G. PRINCIPLE TYPE OF HEATING ❑ Gas ❑ Electricity ❑ Oil ❑ Heat Pump ❑ Other - Specify H. TYPE OF SEWAGE DISPOSAL ❑ Public �J�>-, ❑ Private (septic t nk, etc,) I. TYPE OF WATER SUPPLY ❑ Public \J j j'k ❑ Private (well) J. SMOKE DETECTORS No. of Detectors — See Plan for Location K. ACCESSORY HEAT SOURCE No, of fireplaces No. of Wood Stc Other: L. RESIDENTIAL BUILDINGS Number of Bedrooms Number of Bathro Full artial 3. Continued M. ENERGY CONSERVATION Foundation or Floor insulation Wall Insulation Ceiling or Roof Insulation Type Window Glazing: Insulated Glass Doors: Insulated Yes No Percentage of Window Area to Wall Area: Thickness R Value Double Glass Storm Weatherstripped: Yes No N. STRUCTURAL CHARACTERISTICS OF BUILDING Applicant is required to submit complete structural framing plans with application due to the complexity of the structure, if the following information is insufficient for proper plan review. Foundation Footing size: Footing reinforcing: Wall material: Wall thickness: Wall height: Wall reinforcing: Pier or column size: Pier or column spacing: Pier or column footing size: Pier or column reinforcing: No. of crawl space vents: Crawl space: ❑ Full ❑ Partial FRAMING: Main Carrying members: Size: Support Spacing: First Floor Framing Joist size: Span: Maximum Spacing: Maximum S P Second Floor Framing Joist size: Maximum Span: Maximum Spacing: Ceiling Framing Joist size: Span: Maximum Spacing: Maximum S p Roof Framing Joist size: Maximum Span: Maximum Spacing: submit design calculations for all wood trusses stamped by a Registered Professional Engineer. Roof Truss Applicant must SKETCH OF PROPOSED WORK (minor projects) D DATE (For FEE CALCULATIONS 1 4. ZONING COMPLIANCE To be completed by all applicants Applicant is required to submit a registered plot plan with application, showing location of all structures. Zoning District: Total Land Area: — Frontage on Street: ��� (�p(D Lot No.: Plan Book No. and Page: Land Court Plan No.: J2 i D --E2 Date Lot Purchased: Certificate No.: Name of Previous Owner: SUBDIVISION INFORMATION Name of Owner: Date of Plan Approval: Type of Approval: ANR AR Planning Board File No.: Is the Subdivision subject to a Cove nt: YES NO Is a Release required: YES NO Has Plan been filed with tfje egistry of Deeds? YES _ If YES: Plan Book and Page No.: Date NO TIME SHARING INF Is thern of Covenants,/s of Interval Od on your Title y No DIMENSIONSt' X�_ Distance from Pro erty LLines. ROOK REA LEFT RIGHT Distance between Principal and Secondary Dwelling: (12ft. minimum) Height of structure above finish grade: N E S W Number of off-street parking spaces: Enclosed On-site GROUND COVER Principal Dwelling: Secondary Dwelling: Addition: Garage: Accessory Building: Swimming Pool: Other: MISCELLANEOUS 2 Total: /i0� SF. Allowable: _a SF. Was a request to "Determine Applicability of the Protection Act" filed with the Nantucket Conservation Committee? YES If answered YES, include "Order of Conditions" with application. What date was the "Order of Conditions" with application. What date was the "Order of Conditions" filed with the Registry of Deeds? Is the property located within a Flood Hazard district? YES NO Was a Variance or Special Permit granted by the Board of Appeals? YES NO If answered YES, what date was the decision filed with the Town Clerk? FOR ZONING OFFICER Minimum Lot Size: _ Frontage on Street: Front Yard: Additional Comments: Date: Ground Cover Ratio: Side and Rear Setback: — Secondary Dwelling approval Board of Appeals Lot Release Form APPROVED BY: Zoning Officer N 0.x, 5. IDENTIFICATION - To be completed by all applicants Name Mailing address - Number, street, city and state Zip Code Telephone No. Owner or Lessee HISTORIC DISTRICTS COMMISSION IN — 1 Ot o� � %i 1 ►.`.. (/� 2 Prir} NA71� , ✓�C�� n / Builder's License /� � WCC%Q Contractor 3. Contact Person t'e� !Q % Date Dat e� ;�W r Works Compensation Insurance Certificate or Affidavit must be submitted with this application. I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application as his authorized agent and we agree to conform to all applicable laws of this jurisdiction. Signature of applicant Address Telephone # i r7j) C� Cc�can\•n Print na e ft-)ress: nC& I v 6/rDO NOT WRITE BELOW THIS LINE 6. P N REVIEW RECORD - For Office Use Plans Review Required HISTORIC DISTRICTS COMMISSION IN — 1 Ot o� SEPTIC SEWER WATER WELL COMPLETION REPORT CONSERVATION COMMISSION FIRE CHIEF OVER -THE -ROAD (Board of Selectmen) ROAD OPENING PERMIT (DPW) PLUMBING ELECTRICAL 7. VALIDATION Building Permit Issued Building —7 Permit Fee 100 Date of Issuance of Certificate of Occupancy FOR DEPARTMENT USE ONLY Use Group V,3 C� ?- occupancy Occupancy Load Census No. S�S Approved by: Building Commissione ���pNT 11C/rF�� Planning and Land Use Services November 1, 2018 DWZ, LLC 3 Sheridan Sq., 3H New York, NY 10014 To whom it concerns, Your request for a Certificate of Occupancy for work approved under Building Permit #717-17 at 5 Mill St. (Map# 42.3.3, Parcel# 79) cannot be processed at this time for the following reason(s): The original work — conversion of a pre-existing, nonconforming shed (yard setbacks) to residential office space —.requires approval through the Zoning Board of Appeals, per §139-33A(1) of the Nantucket Zoning Code. Additionally, per the site survey included with your request (Blackwell, 7/24/18), A/C units have been located within the 5 -foot side yard setback area in violation of §139-16 of the zoning bylaw. The units must either be relocated to the buildable area of the property, or variance relief through the ZBA is required to allow the units to remain in place. If you are aggrieved by this denial, you may file appeal with the Zoning Board of Appeals within thirty (30) days of the date of the notice. Town -of Nantucket Officer 2 Fairgrounds Road ■ Nantucket, MA 02554 ■ 508-228-7298 facsimile r. W H A Ed x w a w A ,z O O � w A C7 � C7 � cx W Q 0 V 1- � Z� O �. z ®U �U LL0 U U Z J o W �co�H Qa.N®W �� ��,I >CL <f--0LLJ LL0 OW WLLJ cc � W ® am�oc� LLV LL d 0 H O � m a a M 0 a: cd cd o : W: W: bo m .b z cpsON: ; : o o -7:: o; w; Z ; H• q it 4WI 'd �, • 7 . cd Q� Y U m - Q 4•d O CD m r14 ch U w; U a C7 ' Gf O . UZ b H - a'y4'; ; h0 H• o" q : 5 '�: a PQ11 C44 cr1 O v w O p a z : O 0 �- m y o m m r=4 m H N O m H a. c ; m m ;� ; CLCD m o co ° a,: r t. m '0 co cd. Y ® Nb p; .+ ,cd 7 : � H; 1 m H . rx: 7-1 ca low.. o vm O; U N : Fq: C+; m m cd m q o, o T ® cdcd H •o : • m a) CD � A p 41 m m C.2 W ch 2 cr. CL ui I- 0` LU V J IL cnM m V 1� I Q r L) w CL z z 0 m O z 71 D SUBDIVISION PLAN OF LAND IN NANTUCKET Schofield Brothers, Inc., Surveyors July 30, 1980 W C. a O.I6 s- 0.26 W Mary �..- Subdivision of Land Shown on Plan 17016A Filed with Cert. of Title No. 2378 Registry District of Nantucket County Separate certiEcates of title may be 1' sued for land shown hereon as Gets_ 1 and -9 --------------------- B --------------------- By the Court. .ACG_.0. Mp R order. FTF _ P— LOW&I. 2500.476 17016B- C'. 70/6B C. B. 4 h 0 c.B. W 3 Abmtters are -shown as on original decree plan %py fle It [AND REGISTRATION ORAX DEC. S. 1980 's./e of M& plan 20 fent to an k.d RL. Woodbury,rforCourt Z b 'a vs• C a a a mb S �1 h If -- Mary �..- Subdivision of Land Shown on Plan 17016A Filed with Cert. of Title No. 2378 Registry District of Nantucket County Separate certiEcates of title may be 1' sued for land shown hereon as Gets_ 1 and -9 --------------------- B --------------------- By the Court. .ACG_.0. Mp R order. FTF _ P— LOW&I. 2500.476 17016B- C'. 70/6B C. B. 4 h 0 c.B. W 3 Abmtters are -shown as on original decree plan %py fle It [AND REGISTRATION ORAX DEC. S. 1980 's./e of M& plan 20 fent to an k.d RL. Woodbury,rforCourt Z 124 42.3 3`SANFORD 1RST N /F CHRIS�NE C. 3 80 N IF3FM1 `�C N 1 1 I+ er I+ ar an A-7.40 BUILD W LOT 1 7,480 ± SF deck C CP NOTE:1 STY BUILDING DOES NOT CONFORM WITH W 3_19 4 �I DYJEID 42.3 EDMUND /000UE ET At- shave` V4 ,rch r � 5.0' + m tD 0 _78 - - + 3'REE MIu -t 5.5 D N /F M1NEE 1RUS a- 6,2! 6 2, 1, 18.65' — } pIr handler I + + Perch 5.2 - Cr .P 5,0' o 0 ck , cb ct . fnd I 33 14. 88.18' 88.66' LA I+ — I+ ILL STREET M x NOTE:1 STY BUILDING DOES NOT CONFORM WITH TO CURRENT ZONING REQUIREMENTS ERT RESPECT TO REAR YARD SETBACK. CURRENT ZONING: ROH MINIMUM LOT SIZE: 5000 SF o SMACK 11 MINIMUM FRONTAGE: 50 FTNo. 37730 4 ,�>4 MORTGAGE INSPECTION PLAN FRONTYARD SETBACK: 0 FT ��° 'f stA ,o!" , `: IN SIDE AND REAR SETBACK: 5 FT� G.C.R.: 50%+ / NANTUCKET, MASSACHUSETTS ALLOWABLE EXISTING G.C.R.: 27.5% _ G! Z----; SCALE: 1"=20' DATE: OCT 14, 2015 FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN DEED REFERENCE: LC CERT.## 18891 RELIES ON CURRENT DEEDS AND PLANS OF RECORD, BY FIELD MEASUREMENTS AS SHOWN HEREON. PLAN REFERENCE: LC PL 17016-8 VERIFIED THIS PLAN IS NOT REPRESENTED TO BE A TITLE ASSESSOR'S REFERENCE: EXAMINATION OR A RECORDABLE SURVEY. MAP: 42.3.3 PARCEL: 79 1 HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE PREPARED FOR: DWZ LLC THAT THE PREMISES SHOWN ON THIS PLAN ARE LOCATED 0.2% annual chance flood Iain plain) SMACK SURVEYING, LLC WITHIN THE X ZONE (areas outside AS DELINEATED ON THE "FIRM" OF COMMUNITY NO. 250230, 2 WASHAMAN AVENUE MASSACHUSETTS. EFFECTIVE: JUNE 9, 2014, BY NANTUCKET, MA. 02554 THE FEDERAL EMERGENCY MANAGEMENT AGENCY. (508) 325-0940 J-1289 N.B. 19/115 CURRENT ZONING, CLASSIFICATION: d JEFFREY L. Residential Old Historic (R -OH) -E BIACKWELL N/F Exist!nQm MINIMUM LOT SIZE: 5000 S.F. 7,481 S.F.t MINIMUM FRONTAGE: 50 Fr. SEE PLAN FRONT YARD SETBACK: NONE SEE PLAN REAR/SIDE SETBACK: 5 FT. SEE PLAN GROUND COVER % 50.7 27.2% 42.3.3-80 / FFM LLC N'� 25.78 r 17.40' 31 96 1 STRY W/F STRUCTURE A=267 S.F.f ODS FDECK LEGEND ■ DENOTES CONCRETE BOUND FOUND O DENOTES IRON PIPE FOUND d JEFFREY L. 42.3.3-124 -E BIACKWELL N/F ° ANo 35388 CHRISTINE SANFORD 9 P� O Q TR5T.�9tio Es_ 42.3.3-78 N /F 5 6' THREE MILL 5T. N. T, w rn �o rn - I 2 STRY W/F STRUCTURE A=1,764 S.F.t (FOUNDATION) IPOR H DECK 688.ICK KING STONE STEPS 0 EDGE OF PAVEMENT AT FACE VERTICAL GRANITE CURBING g8.18 42.N�F194 r r T S TREE EDMUND LIDDLE 11JL TRST, ETAL BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1"= 20' DATE: JULY 24, 2018 THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AND DWZ, ,LLC SHOULD NOT BE CONSIDERED A PROPERTY LINE Owner: . . , . . SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR Cert.:.25828. ..,L.C. Plan... . 17. . . . .(LOT 1) ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT 5 MILL STREET , , . , , DEEDS AND PLANS OF RECORD. Locus: . THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. BLACKWELL $ ASSOCIATES, I7LC. OWNERS OF ADJOINING PROPERTIES ARE SHOWN Professional Land Surveyors ACCORDING TO CURRENT ASSESSOR RECORDS. 20 TE,ASDALF.i CIRCLE'' ASSESSOR MAP: , 42:3;3, , PARCEL: 79 NANTUCKET, MASS. 02554 (508) 228-9026 T:\JACK 26 JOB 88 V:\DRAWFILES\B8198\BLP2.dwg 7/24/2018 10:40:22 AM EDT AFFIDAVIT I, Polly Espy, hereby depose and say: 1. I'am an individual and reside at 765 Park Avenue, New York, New York 11021. 2. I make this affidavit of my own personal knowledge and belief. 3. I have been familiar that certain parcel of land, - together with the buildings thereon, located in Nantucket, Nantucket County, Massachusetts, now known and numbered as 5 Mill Street, being Lot 1 on Land Court Plan No. 17016-B (the "Premises") since a time prior to July 1972. 4. The structures upon the Premises, as shown on the building location plan drawn by Emack Surveying, LLC, dated October 14, 2015, a copy of which is attached hereto as Exhibit A, have existed in their current location since a time prior to July, 1972. The rear side of the 1 story building has existed in its current configuration since a time prior to July, 1972. Signed under the penalties of perjury this « day of October, 2015. I Lu t' �] Gv� (Polly Espy oet-gw-If. STATE OF NEW YORK ss. On this 101 day of October, 2015, before me, the undersigned notary public, personally appeared Polly Espy, personally known to me, to be the person who signed the preceding or attached document in my presence, and who affirmed to me that the contents of the document are truthful and accurate to the best of her knowledge and belief. 1-11'� I_ Notary Public ELAYNE HERRERA Notary Public - State of New York N0. 01 HEo""285300 Qualified in Suffolk County My Commission Expires Jul 1, 2017 03 Ln 'k 42.3 �flMUNa vNV]p01� E.TAI- 42. 5-3-124 D iRST N/F CHRISTINE G / N � 1 1 k a � un er 17�40� i ,1 SN W LOT 1 7,480 + 5F dee ST'S m �n 0 rnh2.3.Rt 7 mA T + N/F �ON,MEE -mUS 06 STREET / atr hondler t + + oorch 5,2 N 1+ STREET "'I" ct�ndb �d I 88.18 33.14' p NOTE:1 STY BUILDING DOES NOT CONFORM ate' y, TO CURRENT ZONING REOUIREMENTS WITH CURRENT ZONING: ROH o` ROBERT �;f�4, A. RESPECT TO REAR YARD SETBACK. MINIMUM LOT SIZE: 5000 SF SMACK MINIMUM FRONTAGE: 50 FT No. 377 a ��C�514?�`����w MORTGAGE INSPECTION PLAN FRONTYARD SETBACK: 0 FT � °Nal SIDE AND REAR SETBACK: 5 FT Ati G.C.R.: 50% Z__ NANTUCKET, MASSACHUSETTS ALLOWABLE � EXISTING G.C.R.:27.5% I SCALE: 1"=20' DATE:OCT 14, 2015 FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN DEED REFERENCE: LC CERT.¢# 18891 RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. PLAN REFERENCE: LC PL 17016—B THIS PLAN IS NOT REPRESENTED TO BE A TITLE ASSESSOR'S REFERENCE: EXAMINATION OR A RECORDABLE SURVEY, MAP: 42.3.3 PARCEL: 79 1 HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE PREPARED FOR: DWZ LLC THAT THE PREMISES SHOWN ON THIS PLAN ARE LOCATED WITHIN THE X ZONE (areas outside 0.2% annual chance Hood Plain) EMACK SURVEYING, LLC AS DELINEATED ON THE "FIRM" OF COMMUNITY NO. 250230, 2 WASHAMAN AVENUE MASSACHUSETTS. EFFECTIVE: JUNE 9, 2014, BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. NANTUCKET, MA, 02554 (508) 325-0940 J-1289 N.B. 19/115 p image Record Page 1 of 2 NHA Home I NHA Research Library Home Multi -Database Search I Books Search I Manuscripts Search I Cemeteries Search I New Historic Images Search I Collections Search I Barney Genealogical Record Sear Historic Image Database Search Results Expanded Record no. 7 of 17 Image Number PH51-2-5 Location Regular sized P -prints Process Black -and -white photographic print Format or Mount Paper Photographer or Artist Davidson, Louis S. PNew Historic Images Search rf Purchase an 8 1/2" x 11" print % Purchase an 11" x 14" print it Become a member X Report broken link to http://www.nantuckethistoricalassociation.net/dbtw-wpd/execldbtwpub.dll?AC=GET_RE... 10/15/2015 image Record Date 1950s (circa) Notes The garden shed and side yard of the home at 5 Mill Street. Subjects Houses Mill Street Condition Good Credit Line Courtesy of the Nantucket Historical Association. Donor Notes Gift of Elaine Shea Turrentine. Written to CD 499 Page 2 of 2 image 9 Permission to use this image in a publication Multi -Database Search I Books Search I Manuscripts Search I Cemeteries Search I New Historic Images Search I Collections Search Barney Genealogical Record Search NHA Home I NHA Research Library Home Previous Record Next Record < « Powered by DB/Text WebPublisher, from I NM G C http://www.nantuckethistoricalassociation.netldbtw-wpd/execldbtwpub.dll?AC=GET_RE... 10/15/2015 Town and County of Nantucket, MA December 10, 2018 '.�• 423.3159,�1� _. - .,} •t t4 _ 42.3.3120- 42.3.3 182 104 —' .3 7. Z 1433:3167 ,'e • �• �^ �`� ,�r••� '11�,. it��.- 2 42.1 fir • `�<y 122 q �j •• 13 4 213.3 12fi e}� 4 .3.31127 Y•Yi •1' i %'42.3.3 128 , 42,3.3,80+• 42.3.3 124 - 42.3.3 z •t� �•-4 ,�,��• � .,•1 '�,.� - �;. �: �.� �.; �^+„ I/�� "+A13.378 � 42.3.3 9 42.3.3 81 '•ti, r. s, . o ti•6 M1L t • �`• 1f42 . 3 4 1 % JV - el` y 42:3. 1 yt r' '� 55,4 1 .21: • " 42.3.3 3 _.. � . ,1 •• - •'' V•5'� . i � ` � 55.4.4 14 71 :„,� '� tti� y :�• 30+ ... S5 4.41 1423.31 11 l } 4, \!S5.4.4 a : 13 `� �� % µ.Vi �•'' :'t 8 Ii h t . •'. '% k3 ; ;- x"554.419 17- ,�1'Ci ; 55 15': 10 'S{ • 5 .1. 55.4.4 49 12 �• 55.4.4 50.1 55.4.448 � '' 14 �`� '� 55 44 104 155.4.4 105-�--- \. 16 1 14 ! SS.erd'43Li1 \ /! 55.4.4 107f 55.4.4 108 r(jpogje"lt 7rJ=✓ 9 7 1 = �+ P 88 ft Property Information 4t Property ID 42.3.3 7913;. Location 5 MILL ST Owner DWZ LLC 'GRAtt 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. Geometry updated 11/13/2018 Data updated 1111912018 ��pHTUC/�� Q 201FEt3 f S Ph I G'; H H o9�RA�`6 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February 14, 2019 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 02-19 Owner/Applicant: DWZ, LLC Property Description 5 Mill Street Map 42.3.3, Parcel 79 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 Two Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.3.3, Parcel 79 Certificate of Title 25828 5 Mill Street Land Court Plan 17016-B Residential Old Historic (ROH) Lot 1 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, January 10, 2019, at 1:00 PM, 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 application of DWZ, LLC, a Massachusetts limited liability company, owner and applicant, in care of Sarah F. Alger, Attorney, Two South Water Street, Nantucket, Massachusetts 02554, File No. 02-19: 2. The Applicant is requesting Special Permit relief pursuant to Nantucket Zoning By- law (the `By-law") Sections 139-7(a), 139-30, and 139-33.A to convert a pre-existing nonconforming shed into a home office. Applicant also seeks Special Permit relief, or in the alternative Variance relief pursuant to By-law Section 139-32, to relocate a nonconforming air conditioning unit, sited as close as about 1.6 feet from the rear yard property line, to a new location as close as about 3.8 feet from the easterly side yard property line, where the minimum required side and rear yard setback is five (5) feet. The Locus is situated at 5 Mill Street, is shown on Assessor's Map 42.3.3 as Parcel 79, and as Lot 1 upon Land Court Plan 17016-B. Evidence of owner's title is registered as Certificate of Title No. 25828 at the Nantucket Registry District of the Land Court. The Locus is zoned Residential Old Historic ("ROH"). 3. Our decision is based upon the application and accompanying materials and representations and testimony received at our public hearing. The Applicant and its attorney and contractor spoke in support of the application. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. Letters in support of the application were received from the three immediate abutters to the Locus. No opposition to the application, written or oral, was received. 4. The Applicant seeks a special permit pursuant to By-law Sections 139-30 and 139- 33.A(1)(a) to convert a pre-existing, nonconforming shed to use as a home office. The Applicant also sought a special permit or, in the alternative, a variance pursuant to By-law Section 139-32 to relocate a nonconforming air conditioning unit from a location about 1.6 feet from the rear property line to a location about 3.8 feet from the side lot line, where a minimum rear yard setback of five (5) feet is required. 5. At the public hearing, the Applicant requested and was granted approval, by a unanimous vote of the Board, to withdraw, without prejudice, the requested relief with respect to the relocation of the nonconforming air conditioning unit. 6. The shed was constructed in or about 1950 and is located only about 2.1 feet from the rear lot line, where a minimum rear yard setback of five (5) feet is required. Originally, as shown on Land Court Plan No. 17016-13, when the Locus was created, the shed had a side yard setback of only about 2.9 feet, where a minimum side yard setback of five (5) feet is required. In 1993, the then owner of the Locus removed the easterly end of the shed under Building Permit #10353-93 and brought the shed into conformity with the side yard setback requirement, and Certificate of Occupancy #10353-94 was issued. The Locus is currently improved as shown on the building location plan dated July 24, 2018, drawn by Blackwell & Associates, Inc., a copy of which is attached hereto as "Exhibit A" (the "Building Location Plan"). 7. During the ownership of the Applicant's predecessor in title, a portion of the shed was converted to use as a home office, apparently without benefit of a permit. Such nonconformity appears to have been in existence for more than 10 years and, as a result, may be considered pre-existing nonconforming pursuant to Mass. Gen. Laws c. 40A, Section 7. 8. The Applicant purchased the Locus in 2015 and, in 2017, applied for and was granted Building Permit #717-17 to "turn existing shed into home office (no plumbing); seasonal change of use." The Applicant performed the work under Permit #717-17 and in 2018 applied for a Certificate of Occupancy ("CO"). When the Zoning Enforcement Officer denied the request for the CO, the Applicant learned that a special permit was required for the work, because the shed and the air conditioning unit associated therewith are sited in the setback. It appears that the need for a special permit may not have been flagged at the time that Permit #717-17 was issued, perhaps because no exterior work was proposed or performed. 9. Pursuant to By-law Section 139-33.A(1)(a), any change in use to a pre-existing, nonconforming structure requires a finding by the Zoning Board of Appeals "that such extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure and/or use to the neighborhood." By-law Section 139-33.A(1)(a) further provides that "[w]here [the] existing structure violates [the] rear ... yard setback distance, the special permit granting authority may issue a special permit to allow an 3 extension, alteration, or change to the structure, provided that the nonconforming setback distance is not made more nonconforming and based upon a finding that the extension will not be substantially more detrimental to the neighborhood than the existing nonconformity." 10. In this case, the use of the, shed as proposed as a home office is compatible with the neighborhood, and arguably, given its history, may already be grandfathered under Mass. Gen. Laws c. 40A, Section 7. In addition, three of the direct abutters to the Locus and those who would be most impacted by the use are all in support of the application. 11. Based upon the foregoing and the representations and testimony received at the public hearing, this Board finds that converting the pre-existing, nonconforming shed to use as a home office in its current location, maintaining the existing setback nonconformity of the shed structure (but not causing it to become more nonconforming) is in keeping with the general purpose and intent of the By-law and will not be substantially more detrimental to the neighborhood than the existing structure and use. 12. Accordingly, by a UNANIMOUS vote, the Board of Appeals GRANTS the requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning By -Law Section 139-33(A)(1)(a) to allow the conversion of the pre-existing, nonconforming shed to use as a home office in its current location, maintaining the existing 2.1 foot rear yard setback nonconformity (but not causing it to become more nonconforming), all as shown on the above -referenced Building Location Plan; and further GRANTS the request to WITHDRAW, WITHOUT PREJUDICE, the requested relief with respect to the relocation of the nonconforming air conditioning unit, sited in the rear yard setback, to a proposed location within the five (5) foot easterly side yard setback. Said AC -unit shall be removed from its current location within the five (5) foot yard setback to a compliant location, outside of all setbacks. SIGNATURE PAGE TO FOLLOW 4 Assessor's Map 42.3.3, Parcel 79 5 Mill Street Residential Old Historic (ROH) Dated: January 10, 2019 Edward S. Toole Certificate of Title 25828 Land Court Plan 17016-B Lot 1 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the IT day of , 2019, before me, the undersigned notary public, personally appeared, one of the above- named members of the Zoning Board of Appe 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. <--� MEGAN RUDE � Notary Public HusETTs COMMONWEALTH Of MASSAC My Cammissi0n Expires On May 08. 2020 1— Official ignatur d Seal of Notary Public My commission x ires tAa,,e a v 6-0 5 CURRENT ZONING. CLASSIFICATION: Residential Old Historic (R -OH) Existing: LEGEND MINIMUM LOT SIZE: 5000 S.F. SEE ANS.F MINIMUM FRONTAGE: 50 FT. SEE PLAN IN DENOTES CONCRETE BOUND FOUND FRONT YARD SETBACK: NONE SEE PLAN REAR/SIDE SETBACK: 5 FT. SEE PLAN O DENOTES IRON PIPE FOUND GROUND COVER % 50_% 27.2% -NH OF MqS � sy o� JEFFREY L. ps 42.3.3-124 0 6LACKWELL m N/F v No 35388 y CHRISTINE SANFORD lA9pRP" `' ESR TRST. X1,0 Q 42.3.3-80 / 25.78. FFM LLC N; 401 17. AC 42.3.3-78 3.8: N/F 3196 Q 5,6'_ THREE MILL ST. 1 STRY -- N.T. STRUCTURE A=267 S.F.t ODS 0 6_3• �i - 18.65'�� 55 DECK 5.3_ 2 STRY __ W/F STRUCTURE A=1,764 S.F.f n (FOUNDATION) 2i - o BB.18' PORCH DECK33.14 88.66 BRICK PARKING EDGE OF PAVEMENT STONE STEPS AT FACE VERTICAL GRANITE CURBING vT N/F194 r �TI?E, . r r 1 LL EDMUND LIDDLE TRST, ETAL BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1"= 20' DATE: JULY 24, 2018 THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A PROPERTY LINE DWZ LLC SURVEY. THIS PLAN SHOULD NOT BE USED TO Owner: . . . . , . . . . . . . . . . . ESTABLISH PROPERTY LINES, FENCES, HEDGES OR Cert.:. 25828. Plan.:. . 170167B (LOT 1), ANY ANCILLARY STRUCTURES ON THE PREMISES. . .L.C. THE PROPERTY LINES SHOWN RELY ON CURRENT Locus: 5 MILL STREET DEEDS AND PLANS OF RECORD. ' ' ' ' ' ' ' ' ' ' THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. BLACKWELL $ ASSOCIATES, Inc. OWNERS OF ADJOINING PROPERTIES -ARE SHOWN Professional Land Surveyors ACCORDING TO CURRENT ASSESSOR RECORDS. 20 TEASDALE CIRCLE ASSESSOR MAP: . 42:3:3. , PARCEL: . 79 NANTUCKET, MASS. 02554 (508) 228-9026 T: \JACK 26 JOB 88 H8�98 V:\DRAWFILES\B8198\BLP2.dwg 7/24/2018 10:40:22 AM EDT "EXHIBIT A"