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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
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W/F
STRUCTURE
9"
A=267 S.F.tODS
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5.3'
2 STRY
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W/F
STRUCTURE
A=1,764 S.F.t
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(FOUNDATION)
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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
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4232 4233 4233
SANDRAS NANTUCKET LLC GRIFFIN PATRICIA P SANFORD CHRISTINE C TRST
P O BOX 15101 17 PLEASANT ST 3 MILL ST
BALTIMORE, MD 21282 NANTUCKET, MA 02554 NANTUCKET, MA 02554
4233 4233 4233
FIRST BRICK LLC THREE MILL STREET NOM TRUST FOWLKES MANAGEMENT INC
C/O WHITNEY ANN P 3 MILL ST C/O DAPHNE MITCHELL
11 HIDDEN SPRING DR NANTUCKET, MA 02554 66 FLAX ROAD
WESTON, CT 06883 FAIRFIELD, CT 06824
4233 4233 4233
FIRST BRICK LLC DWZ LLC ESPY MARY F & MISSETT NANCY TR
C/O WHITNEY ANN P 3 SHERIDAN SQUARE 3H 765 PARK AVENUE
I 1 HIDDEN SPRING DR NEW YORK, NY 10014 NEW YORK, NY 10021
WESTON, CT 06883
4233 4233 4233
WATKINS MAIRE A FMI LLC ESPY JOHN W & MARY TRS
P O BOX 344 C/O DAPHNE MITCHELL EPSY GARAGE TRUST
WASHINGTON DEPOT, CT 06794 66 FLAX ROAD 765 PARK AVE
FAIRFIELD, CT 06824 NEW YORK, NY 10021
4233 4233 4233
BAILEY SAMUEL JR & JANET G TRS FMI LLC WEATHERLEY JOHN W JR TRST ETAL
MILL STREET REALTY TRUST C/O DAPHNE MITCHELL 65 N MAPLE AVE STE 300
211 MOUNTAIN SPRING ROAD 66 FLAX RD RIDGEWOOD, NJ 07450
FARMINGTON, CT 06032 FAIRFIELD, CT 06824
4233 4233 4233
CARTER DEBORAH M FOWLKES GREGORY G & ANNABELLE B 100 MAIN NANTUCKET LLC
2 NEW MILL ST 155 EAST 72ND ST APT 7-8 B 4 N WATER ST
NANTUCKET, MA 02554 NEW YORK, NY 10021 NANTUCKET, MA 02554
4233 4233 4233
SCHNEIDER THOMAS C & ALISON P WEINMAN RHODA H TRST AKERS SUSAN D
17 MEETING ST SHORT EARED OWL NOM TRUST 1 STURGES HGWY
CHARLESTON, SC 29401 PO BOX 1365 WESTPORT, CT 06880
NANTUCKET, MA 02554
4233 4233 4233
SCHNEIDER THOMAS C TRST ETAL PHUNN LTD BURKE ROBERT F & JACQUELYN M
TC SCHNEIDER IRREV TRUST # 2 ATTN TOM KAPLIN 25 FELLSCREST RD
17 MEETING ST 1 MIRANOVA PL #2330 ESSEX FALLS, NJ 07021
CHARLESTON, SC 29401 COLUMBUS, OH 43215
4233 4233 4233
KORN GEORGE F TRST SANFORD ALFRED F III TRST NARBONNE LLC
C/O D AVELLA JOHN F & DENISE A 13 PLEASANT ST REALTY TRUST 138 WEST 17TH STREET APT 10
40A UNION STREET 13 PLEASANT ST NEW YORK, NY 10011
NANTUCKET, MA 02554 NANTUCKET, MA 02554
4233 4233 4233
RIGGS BREDA SANFORD MATHEW LARSEN CHRISTOPHER
16 PLEASANT ST 3520 CRYSTAL VIEW CT 6 SCHUYLER LN
NANTUCKET, MA 02554 MIAMI, FL 33133 BLOOMFIELD, CT 06002
4233
READE ARTHUR I JR TRST
C/O MARY SHORE
720 PARK AV 5TH FLOOR
NEW YORK, NY 10021
5544
KARGMAN ROBERT M
151 TREMONT ST
BOSTON, MA 02111
5544
MAURY LAWRENCE M & MICHELLE B
54 OLD SOUTH RD
NANTUCKET, MA 02554
4233 5544 5544
SMITH PHILLIPS G TR ETAL FRASCATI C FLORENCE & J MICHAEL TR`. 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
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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
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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�
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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
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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
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Town and County of Nantucket, MA December 10, 2018
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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
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0
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A=1,764 S.F.f
n
(FOUNDATION)
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BRICK
PARKING EDGE OF PAVEMENT
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vT
N/F194 r �TI?E,
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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"