Loading...
HomeMy WebLinkAbout083-04To: Parties Decision of following: TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Dater 200c( in Interest and.Others concerned with the the BOARD OF APPEALS in the Application of the Application No. :�(�.� -Ca�1 Owner/Applicant: _-R`1;�:, n, Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursu,rRt to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of complaint and certified copy of the Decision must be the. to the Town Clerk so as to be received within such TWENTYn (20) days. n N4� .y• JrQnS Chairman l i cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET ZONING BY -LAW §139 -30I (SPECIAL PERMITS); 3 ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD AOFAAPPEALS. NANTUCKET ZONING BOARD OF AppE,S 1 East Chestnut Street Nantucket, Massachusetts 02554 Assessor's Map 49.2.3, Parcel 23.1 27 Sconset Ave, Siasconset Deed Book 880, Page 334 Plan Book 22, Page 89 Sconset- Residential -2 Lot 1 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday December 10, 2004, at 1:00 P.M, as continued from Friday November 12, 2004, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following Decision on the Application of STEPHEN A. SILVERIO of P.O. Box 808, Siasconset, Massachusetts 02564, File No. 083 -04. 2. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By -law Section 139- 16(C)i to reduce the easterly and westerly side yard setbacks from ten feet to 6.5 feet. Applicant received a Certificate of Appropriateness from the Historic District Commission and then a duly issued building permit to construct his single- family dwelling. All through the permit process, the Lot was thought to be situated within the Residential -1 ( "R -1 ") zoning district. The Building Department and the Zoning Enforcement Officer signed off on the application that indicated that the Lot was situated within the R -1 zoning district, and that the structure met R -1 zoning requirements, with a minimum side and rear yard setback distance of five feet required. During construction Applicant's surveyor informed him that the zoning had changed after the date of the original subdivision in 1983 and the current correct zone was Residential - 2, with a minimum side and rear yard setback of ten feet. Applicant is seeking to be able to build the approved house as currently designed and permitted. All other zoning requirements would be met. The Locus is nonconforming as to lot size with the Lot having an area of about 6,274 in a district that requires a minimum lot size of 20,000 square feet. The Premises is located at 27 SCONSET AVENUE, SIASCONSET, Assessor's Map 49.2.3, Parcel 23.1, Plan File 22, Page 89, Lot 1. The property is zoned Siasconset Residential -2. 3. Our Decision is based upon the Application and accompanying materials and representations and testimony received at our public hearings. The Planning Board indicated that this Application presented no issues of planning concern. There was Opposition presented in person and by counsel at the hearing. There were letters of o public abutters who were concerned about pptheltsize 1 of t the f proposed dwelling and the possible impact on the neighborhood by reducing the setback distances. 4. Applicant, through personal testimony and legal counsel, stated that he was seeking relief by Special Permit under Nantucket Zoning By -Law Section 139- 16(C)1 to reduce the easterly and westerly side yard setback distances from ten (10)feet to 7.3 feet as shown on the "Proposed Building Location Plan" dated December 9, 2004 done by Charles W. Hart & Associates, Inc. (the "Proposed Dwelling Plan ", a reduced copy f which is attached hereto as Exhibit A). The Lot was created in 1983 pursuant to a certain "Plan of Land in Nantucket, Massachusetts" prepared for Jonathan and Jae Roosevelt by Michael Bachman dated November 10, 1983 (the "Plan ") . As the lot was created before the zoning change in 1984, the size of the lot has status as a lot of record. However, as the Proposed Dwelling Plan shows, the lot is significantly smaller at 6,274 than the minimum of 20,000 square feet required in the SR -2 Zoning District. 5. Applicant represented that the request for relief arose because the Applicant, his agents and the Nantucket Building Department were under the mistaken impression that the Premises was located in the SR -1 Zoning District. At the time that the Applicant purchased the Premises, the Applicant and his then attorney reviewed the Plan which showed the Premises as located in the SR -1 District, with a 20 -foot front yard and five -foot side and rear yard setback requirement. In designing the dwelling at the Premises, both the Applicant's architect and his surveyor, also relying on the Plan, designed and sighted the house according to the intensity regulations for the SR -1 District. The Nantucket Zoning Enforcement Officer approved the Applicant's application for a building permit allowing side yard setbacks of 6.5 feet as required under the intensity provisions of the SR -1 Zoning District. A building permit was approved by the Building Commissioner relying on the same information and issued. In good faith reliance on the building permit the Applicant commenced construction. Once the hole was dug for the foundation, the Applicant requested that his surveyor specifically check to ensure that the foundation would not encroach into the required five -foot setback area. He was aware that sighting the proposed dwelling was crucial since the lot was so small. During the course of that surveying work, it was brought to the Applicant's attention for the first time that the Premises was located in a SR -2 Zoning District and, as a result, the front yard setback requirement was 30 feet and side yard setback was ten feet. Applicant, not wanting to continue until he rectified the problem, immediately stopped work on the foundation and submitted an application for relief by Special Permit to the Zoning Board of Appeals. 2 6. At the hearing, the direct abutters on the easterly and westerly sides of the Premises expressed concern that the setbacks were not consistent with the rest of the other structures on Sconset Ave and were detrimental to the neighborhood. Applicant represented that the Sconset Avenue neighborhood was substantially developed according to the SR -1 zoning scheme, prior to the change in the zoning district. Applicant presented aerial photos of the neighborhood that indicated that the majority of the properties in the immediate area were small lots and the structures were located close to the lot lines. Applicant stated that a review of the As -Built plans from the Nantucket Building Department for several properties in the neighborhood also showed that many of the properties on the street were constructed according to the SR -1 intensity regulations. Applicant stated that the siting of his house within the required ten -foot setback areas at about 7.3 feet would not be contrary to the character of the existing neighborhood. However, in response to the concerns of the abutters, the Applicant increased the setback distance to 7.3 feet from the lot lines on both the easterly and the westerly sides of the lot and will plant and maintain a hedge on the easterly side. The neighbors then withdrew their objections to the Special Permit application. In all other respects, the proposed dwelling at the Premises would conform to the SR -2 zoning requirements as the siting had also been moved back from the original siting of 20 feet to 30 feet. 9. Therefore, based upon the foregoing, the Board makes the following finding: (a) That Section 139- 16(C)i of the Zoning By -law anticipates that the Zoning Board of Appeals would grant relief from the intensity regulations of an SR -1 district in instances, such as with undersized grandfathered lots such as the Premises, that the relief would not make the dwelling inconsistent with the balance of the neighborhood no be substantially more detrimental to the neighborhood due to a grant of such relief. (b) That much of the Sconset Avenue neighborhood has been developed under the SR -1 intensity regulations, either because they were constructed prior to the change in zoning districts or were lots of record. (c) That the granting of a Special Permit to allow the reduction of the side yard setbacks on the easterly and the westerly sides of the Premises to 7.3 feet is in harmony with the general purpose and intent of the Zoning By -law. E 10. Accordingly, by UNANIMOUS vote, the Board of Appeals (Sevrens, Waine, Loftin, Sanford) GRANTS relief by SPECIAL PERMIT under Nantucket Zoning By -law §§139- 16(C)1, to allow the setbacks on the easterly and the westerly sides of the Premises from ten feet to no closer than 7.3 feet. 11. The relief hereby granted is subject to the following conditions: (a) The Applicant shall reimburse the owner of Lot 2 on the Plan for the cost to install a privet hedge along the easterly side yard property lot line between Applicant's Lot 1 and Lot 2. (b) The cost of maintaining the privet hedge along the easterly lot line shall be split equally between the Applicant and the owner of the lot shown as Lot 2 on the Plan. (c) The siting of the house shall be substantially as shown upon Exhibit A and no closer to the easterly or westerly side yard lot lines than 7.3 feat Dated: December II 2004 2 ZONING CLASSIFICATION: MIN. AREA: ;.;�O,JO�� J. MIN. �ROMAGE: FRONT YARD S.B.:.. `�J, /--T REAR do SIDE S.B.: GROUND COVER (7.):.. EXISTING: 00 S C'O /V/S,,E-T" IS-0-00 ►�Q d (0 10 q 2' -2tt- f�h CAI \ i°ORc,V w/ 2�o STy f NVJNC SP,�• 8�O -- TO Fl-,UVYDA T/ 0A,- y9. /V; 6. loxcr/C/�- f/ /4CK 8-0, --- TO FOVi 0Ar -/0/% � %�jQQ,nC7�6Q 1 To v 8,0 �i- au/vacT7oK G.e,) - _ _ To /0 A` _ 67,0' -- .TO f001YO.4 7 10JY - 7-0 OV'--XW4AJG ", X/0- OF LAND IN NOFMass NANTUCKET, MASS. CHARLES gOym SCALE: I` -,ZO �DATE-- 9,CC-F'z00'i/ v C� HART No. 324 ®9 Owner: V!`t: �;FSS9FG /STEPE�QIL'� ' Deed: 4K 86L2 �.P,,✓r'/Plon c�!�..27, P6.9� D Locus J5�fpvZ4,C {V r2_3 04 , CHARLES W. HART & ASSOCIATES, Inc. SANFORD BOAT BUn DING 49 SPARKS AVENUE NANTUCKET, MASS. 02554 s s '70 (509) 228 -8910 c:\Joes\cWK\ev H- 6.553 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508- 228 -7215 FAX 508- 228 -7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 :00 P.M., FRIDAY, NOVEMBER 19, 2004, IN THE `-CONFERENCE Nari # ucket, ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Massachusetts, on the Application of the following: STEPHEN A. SH VERIO BOARD OF APPEALS FILE NO. 083-04 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By_ Section 139- 16C(1) to reduce the easterly and we side yard setback distances from ten feet to 6.5 feet. Applicant received a Certificate of Appropriateness from the Histori c District Commission and then a duly issued buildin dwelling. Ali throu the g Permit to construct his single - family 1 Pest process, the Lot was thought to be situated within the Residential -1 ( "R -1 ") zoning district. The Building Department Enforcement Officer signed off on the application that indicated ated thattt a Lot was situated within the R -1 zoning district, and that the structure met R -I zoning requirements, with a minimum side and rear yard setback distance of five feet required. During construction Applicant's surveyor informed him that the zoning had changed after the date of the original subdivision in 1983 and the current correct zone was Residential -2, with a minimum side and rear yard setback of ten feet. Applicant is seeking to be able to build the approved house as currently designed and would be met. The Locus is nonconforming permitted. All other zoning requirements about 6,274 in a district that requires a minimum to lot size ize of 20 0 sq 0 ° uare having area of The Premises is located at 27 SCONSET AVENUE, SIASCONSET, Assessor's Map 49.2.3, Parcel 23. 1, Plan File 22, Page 89, Lot 1. The property is zoned Residential- _. 2. Nancy J. Sevrens, Cha' THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508 - 228 -7215 FOR FURTHER INFORMATION. Y h 1 i y rN EE 300,00 Owner's name(s):� Mailing address; ,� Applicant's name(s):_ Mailing address :_ NANTUCKET ZONING BOARD " l EAST CHESTNUT STJ NANTUCKET, MA 0; 5I'1 APPEALS T CASE NO._Q&2.n c,L A ' Locus address: Land Court Plan /Plan Boo Assessor's'Map/parcel: k & Page/Plan File No.: vZf"q Date lot acquired: / / D Lot No.:,_ Q_ Deed Ref. /Cert. of Title: - 3 Zo . Uses on Lot- Commercial: None Yes (deseribe) ning District. Residential: Number of dwellings Duplex Apartments Building Date(s): All pre -date 7/72? or p nts Rental Rooms �Q (�(�M� -- Building Permit Nos: C of O(s)? Previous Zoning Board Application N /9- State below or on a separate addendum specific relief sought (Special Permit Varia the Zoning By =law, and supporting details nce,"Appeal), Section of � � g ,grounds f� grant of relief Listing any existing � ��/ � nconformities: L+ d f / Fule, �A�� e n . ��� �tnj CPJeJ 91,97 i)1 O 1110- A16 I)Cfiqe- A I certify that the i, knowledge, under SIGNA not owner or owne 's P,Irein is substantially complete and true to th est of my s f perjury. Applicant e enclose pr of of agency to bring this atterBbefore /theent FO A FFICE USE Bo�ar/d)'�� Application received on:� /�j,� gy; Complete: __�Need copies ?: Filed with Town Clerk:/ �/6 � p(a _ T) Fee deposited with Town Treasurer: ,1,L /�/�� g Hearing notice posted with Town Clerk: / / y, , aiver requested ?: Granted:—/ / �..�C� Mailed :-1 �"�i�I &M: Hearing(s) held on:,_/ / . Opened on: / 1" _.. _,,._,/ Continued to: / / DECISION DUE BY:_/ — — — Withdrawn ?:_ / / _/ Made._/ / Filed w/Town Clerk: _/ `/ Mailed:_ NNW,, lif PENN; 49,3.2. 11 jf o ti I WI ca AM ca 2 The 'fowl, Itil(I NANTTU MassItchl 138 1x. a v v • r v v: UR u b .I f •�. -Y I"e. 4 y c A ^ } tl0 dO $ oA a g IO a P ... o so •� 40.00 NO=.�O' O7• y SA VKA T Y - ►N•dK YA,r /Aad.! M/OrMI . y AVE. p / \ 0►> I) h cl . a - z Oa 4or t,.C. .t 4 s FWD 3 ° w M�e (M) L _. �a 0 _, 1 a, LL O Z O law zZ XLL ZU�N H V 7 sU�UJ LL � _ W (7 � o° ~a. �n Ub, W U WI acc ; H Z ui F- a W ri Z D J m N 40- C. W LL 0 u w 4� O u W O 4 Qs 0 z L G cc LU am Z J Q XLU c zF-Z o°o aa� _o co -JWLL 0 0 a 0. �- 0 e r 0 w Q O J I fi W ui0 U O i a Co Q Z W F- a 1 _�Oa0O wwao orcno mi--Z LL or0 z °z ui_ LUZw° o >Za �az cn _ CO LL 0 1- Z cn U40= J a °ova, Z U) a�Q W Z W OC O. Y LU Cl W�VF- 00 z F- F-- CL 0 (!) Y z CD. a U ~_ZZ31 W ° Q Z U!Ja amo LL Z O O =VZ . irrF -ZO W z Q F- as — ZW wwp.2 .T. J �.'. P. LL 0 Z J �O a� or � a O_z w cc �a as Cl) 0 �a wa OW m w or W o W Q ( W m0 J Z -' w W m z> a= U z 0 LL C3 0w QH 0 CL V Z LL W W 0 UW am OC a 0 �0 W E" = W � J LL 2 coj w n (4.O 00� w0 Oz WZ 0 ~U �0 Z M o LL W Z a. O m0 W Z C) Cl) QO Z W M Ua LUw V W 0 oar va J �- Q m Z Paz � =con CC LW W W F M Cl) CI), OTC cc =WQ F- M LL m CL I— z 0 V IL n 0 V a z 0 C) Q z W Q a U) O m M Q U 0 z U z a Q U. W Q LL i W 0 a .z z 0 m �� �.., 1. 'ILL: _, G _ �,!! E`er � U;.1:� ✓�..:",/�` . n._ � P n BUILDING PERMIT NUMBER ' APPLICATION FOR BUILDING PERMIT IMPORTANT - Applicant to complete all items in Sections: 1, 2, 3, 4, and 5 1' OWNERS NAME (print): S I �4 g!El a 'G 'rE ?+4 E LOCATION Last . First Middle Initial OF Se.otvgET Q vs< vE. BUILDING No. Street Assessor's Map No; 49 Assessor's Parcel No. 23 • ' 2. TYPE AND COST OF BUILDING - All applicants complete Parts A -E A. TYPE OF IMPROVEMENT &f New Building ❑ Addition ❑ Alteration ❑ Repair, replacement Q Demolition ❑ Moving E. PROPOSED USE Residential 5 One Family ❑ Studio ❑ Two or more family - Enter number of units ❑ Hotel, Motel, Dormitory enter number of units ❑ Second Dwelling ❑ Garage ❑ Pool ❑ Other - Specify B. OWNERSHIP a Private ❑ Public C. COST T TAL COST OF IMPROVEMENT f�1 U D. DIMENSIONS Dimensions of Structure First Floor Area: X44 Z tP Second Floor Area: _ IS Third Floor Area: Total Floor Area'. _ Z614 Full Cellar Area: Detail scope of work by floor & provide the square footage. �EW pwEw�e -} L '3. SELECTED CHARACTERISTICS OF BUILDING For new buildings and additions, complete Parts D -N for Demolition, complete onl Part 1., for all others ski to 4. F INCIPLE TYPE OF FRAME H. TYPE OF SEWAGE DISPOSAL K. ACCESSORY HEAT SOURCE frame I1Public ❑ Other Specify No. of fireplaces ❑ Private (septic tank, etc.) No. of Wood Stoves O G. PRINCIPLE TYPE OF HEATING 4's C) Electricity SOil Q Heat Pump ❑ Other - Specify I1_. TYPE OF WATER SUPPLY o1'PubIic ❑ Private (well) J. SMOKE DETECTORS No. of Detectors As fffa c+pp6' Other: L. RESIDENTIAL BUILDINGS Number of Bedrooms S Number of Bathrooms 3 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: 91 Total Land Area: --4 Frontage on Street: S0 . 0O 1 Lot No.: -� Plan Book No. and Page: o o 14 2 Z PA b ig 19 Land Court Plan No.: -- Date Lot Purchased: X 'SOD Certificate No.: Name of Previous Owner: T2,ys— V g;71- SUBDIVISION INFORMATION Name of Owner: 7-0045 EyCL -1- 1 Date of Plan Approval: I I 141 0 3 Type of Approval: ANR ✓ AR Planning Board File No.: 2loD5 °WIs the Subdivision subject to a Covenant. YES NO Is a Release required: YES NO Has Plan been filed with the Registry of Deeds? YES ►/� NO If YES: Plan Book and Page No.: ?Z (-E" $IDate j6W • % 111 TIME SHARING INFORMATION Is there a declaration of Covenants and Restrictions of Interval Ownership noted on your Title or Deed? Yes No DIMENSIONS Distance from Property Lines: FRONT 2�✓ f + — REAR . �' 1 + LEFT n RIGHT rp�r Distance between Principal and Secondary Dwelling: h1.4A (12ft. minimum) Height of structure above finish grade: N 2Ca L �r E Z(at-R" S 2 fv t_ q rr W Number of off- street parking spaces: Enclosed On-site--.7— GROUND COVER Principal Dwelling: _ Secondary Dwelling: Addition: Garage: Accessory Building: Swimming Pool: Other: MISCELLANEOUS Total: JC 2 SF. Allowable: l 6 S 2# SF. Was a request to "Determine Applicability of the Protection Act' filed with the Nantucket Conservation Committee? YES NO ✓ 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: Ground Cover Ratio: Side and Rear Setback: Secondary Dwelling approval Board of Appeals Lot Release Form Date: APPROVED BY: Zoning Officer 3. Continued M. ENERGY CONSERVATION Type 'Thickness R Value Foundation or Floor insulation Wall Insulation ;3,ecr F�pSt"¢��ocS 5�r/�1j R-l°l Ceiling or Roof Insulation BATS" FISeTLCo1.AtS Window Glazing: Insulated Glass Double Glass Storm ✓, Doors: Insulated Yes No _� Weatherstripped: Yes __� No Percentage of Window Area to Wall Area: CD 0/0 N. STRUCTURAL CHARACTERISTICS OF BUILDING Applicant is required to submit complete structural framing plans with application due to the complexity of the structure, following information is insufficient for proper plan review. Foundation Footing size: 10")' 5 "COQ' Footing reinforcing: CZ�{ s E[iAR Wall material: C c t4a Wall thickness: 8 �� Wall height: V-Lam" Wall reinforcing: W , Pier or column size: 10" O'er^• Pier or column spacing: SEA W(xA'wl IV- Pier or° column footing size: I -R" Mt ht• Pier or column reinforcing: S _ s sc OF~ rll vs No. of crawl space vents: Crawl space: ❑ Full ❑ Partial FRAMING: Main Carrying members: Size: First Floor Framing Joist size: 2 X I �' S Second Floor Framing Joist size: Z )c(0�$ Ceiling Framing Joist size: 2 Xto S Roof Framing Joist size: f C IS 2 X Io Support Spacing: Maximum Span: w3'' o' 1 �vlaximum Spacing: J G u c •C- Maximum Span: rz -t"� Uaximum Spacing: 10'a- Maximum Span: L-+1-c>" Maximum Spacing: (,(o "o C Maximum Span: _ ,. - Maximum Spacing: l (y o ,C Roof Truss Applicant must submit design calculations for all wood trusses stamped by a Registered Professional E NOTES AND SKETCH OF PROPOSED WORK (minor projects) Department Use) J 13 FEE CALCULATION 5. IDENTIFICATION - TO be clarnpleted by all applicants Name Mailing address - Number, street, city and state Zip Code Telephone No. i. eo tt.vEF10, STW -li$-N A- i- ac.15w4,-� pg%vlc Owner or Lessee � Print Name 2. — ---------0 Builder's License Contractor f-i� wcE'Ow N@ (2' Signature Date 3. Port L, g2�TD Contact Person jOti tC L,1.,1 WL- Date 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 # Print name ,S—�►h �, S� !a «'�O DO NOT WRITE BELOW THIS t 1N= 7. VALIDATION Building Permit Issued Building Permit Fee Date of Issuance of Certificate of Occupancy FOR DEPARTMENT USE ONLY Use Group Occupancy Load Census No. Approved by: Building Commissioner 15,00' co601.65TO�E 71" PAtHwhY'. WI eRpy4 GENT T d 3 0 p Y E N u S P y y 0 I L 'N _. �o.'A:I7'E' cv861.ESTO wB FPP=N. p A N O T E S I µAP '.9`1,1.3 PARoE�: 23.1 -� Z 1 fRoNr s-0 $IDa ReAR- 5BTBALKS lo" 0' CERTIFICATEINb: 7 - -1 DATE ISSUED: / f Application to the HISTORIC DISTRICT COMMISSION, Nantucket, Massachusetts, for a CERTIFICATE OF APPROPRIATENESS for structural work. All blanks must be filled in using BLUE OR BLACK INK (no pencil) or marked N/A. TOTE: It Is strongly recommended that the applicant be familiar with the HDC guidelines, Building with Nantucket In Mind, prior to submittal of application. Please see other side for submittal requirements. Incomplete applications will not be reviewed by the HDC. 'his is a contractual agreement and must be filled out in ink. An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 of the Acts and lesolves of Mass., 1970, for proposed work as described herein and on plans, drawings and photographs accompanying this application and made a part hereof by reference. 'he certificate is valid for three years from date of issuance. No structure may differ from the approved application. Violation may impede issuance of Certificate of Occupancy. PROPERTY DESCRIPTION TAX MAP N°: "� `� PARCEL N°. Street & Number of Proposed Work: b� OwQenof record: J11. 14 (:LL f1 , Wo v o Mailing Address: Telephone: < -qq (on island) (off island) AGENT INFORMATION (if applicable) Name:- C_.0 Mailing Address: " 2 si I) C .0 �- i.111 o2, y Telephone: (on island) (off island) FOR OFFICE USE ONLY Date application received; 1 ` . l Fee Paid: $ 0 Must be acted on by: Extended to: / Approved: Disapproved: Chairman: *41 21 Member:> i Member. Member: Member. Notes -Comments -Rest nctlons - 7ndltlons . —� —TIC, '. i�� n -...._ �, f'1 /' /'!f ! l ?�.i 1 . DESCRIPTION OF WORK TO BE PERFORMED See reverse for required documentation. New Dwelling ❑ Addition ❑ Garage ❑ Garage/Apartment ❑ Commercial ❑ Historical Renovation ❑ Deck ❑ Steps ❑ Shed ❑ Color Change ❑ Fence ❑ Gate ❑ Paving ❑ Move Building ❑ Demolition ❑ Revisions to previous Cart. No ❑ Other (please specify) 6-2,0, 1 `(z-`I , 0, Size of Structure or Addition: Length: =4-+ Sq. Footage 1st floor: ' Decks: Size: 7 - Kl st floor ❑ 2nd floor Width: `- Sq. footage 2nd floor. Size: '1 ? E 1 at floor, ❑ 2nd floor 3 t{ y r Sq. footage 3rd floor. Difference between existing grade and proposed finish grade: North South — East West Height of ridge above final finish grade: North �� South East West ^- Additional Remarks Z (p ✓- `j " 2 ! r ;,` REVISIO N 1. 'East Elevation G Historic Nam e." (describe) 2::South Elevation Original Date: 3. West Elevation Drginal Builder: 4. North Elevation Is there an HDC survey form for this building? ❑ Yes ❑ No ' on drawings and submit DETAIL OF WORK TO BE PERFORIp D Foundation: Height Exposed ❑ Block ❑ Block Parged ❑ Brick (type) Masonry Chimney: ❑ Block Parged ❑ Brick (type) Other Root Pitch: Main Mass Seendjry Mass =/121 Dormer i /12 Other Roofing material: El Asphalt Manufacture i '1 r Fence: Height: ❑ Fiberglass Manufacturer Length: EXWood (Type +" ` Red Cedar White Cedar, Shakes, etc.) Type: Skylights (flat only): Manufacturer - Model No. Size Location of existing elevations. El Poured Concrete ❑ Piers Manufacturer Gutters: CfWood (type) Leaders (material and size): C"1 r _ Sidewall: White cedar shingles ❑ Other No. Size Aluminum ❑ Clapboard (exposure: Location El Copper inches) Front only`. Trim: Lumber type ❑ Pine ❑ Redwood 9Cedar ❑ Other Treatment © Paint ❑ Stain -solid ❑ Natural to weather ❑ Clear oil finish Dimensions: Fascla Rake Soffit (Overhang) Corner boards r Frieze Window Casing Door Frame Posts: Round Squar • Windows: D'Double Hung ❑ Casement ❑ All Wood ❑ Other " QTrue Divided Lights(muntins) ❑ SDL's (Simulated Divided Lights) Doors (type and material): Front ` Rear ! 4 L;.•= Side Garage Door(s): Type Material Landscape materials: Driveways Walkways Walls " Note: Complete door and window schedules are required. COLORS i, Sidewall Clapboard (if applicable) Roof Trim Sash Doors E Deck Foundation Fence Shutters Attach manufacturer's color samples. kJ0 S j;-lt ire j I hereby authorize the agent named above to act on my behalf to make changes in the specifications or the plans contained in this application in order to bring the application into compliance with the HDC guidelines. I hereby agree to abide by and comply with the terms and conditions of this application. I hereby agree that the submission of any revisions to this application will initiate anew sixty -day review period. Date .•{ " " Signature of owner of record -- _ S_.,',' �..- _ - - " "-'- -' " -: � Sicned under oenaltles of oeriury m A -i A _`°� N �3 N .A m r- �' a Q1 �r Z d �r S c 1 1 r� rj -a � d o o C.7 c. II I I so„ 1V 07 Woob b'iOMaA A l w r x.Q —A cl.� nsi en II II II II �I II I it d i fA i' i r M Town of Nantucket ZONING BOARD OF APPEALS RECEIVED BOARD OF ASSESSORS. NOV 0 2 2004 T6WN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF PROPERTY OWNER........ ..... ..... ..., ....... MAILING ADDRESS....... � ..... . ........ PROPERTY LOCATION ........... °. /....... ..r ....... .............. ASSESSORS MAP/ PARCEL:...... 9. a . 3.-:..... I .......... I ...................... APPLICANT.................................................... ............................... . SEE ATTACHED PAGES I certify that the foregoing is a list of 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, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139. Section 139 -29D (2) i� DATE ' ASSESSOR'S OFFICE Town of Nantucket aFgpa�ya7py��yjaHwHHF����� 'a'eR�� ul y aFz�i ,Pa:�i`. hi W Cu f i W W y w Pl W F p Hl m F H H F H o m U U ai ad a N ~~ r� ®��+! z UO z pot �oyf bz a�i m m w ai RI m W R 7 U V! U U U O O O O O z y O W N N P b aUi y U U P N 10 N N H H m rI M m c .i N 10 y M 'a N O r N 0 N N b o 0 o N m b b b N o Vl N o P v v o g b Om b P M P f g P M P N N N N O P N N O tm0 O W h m h 01 M N O ON1 m 001 b b N tp N. N O N M 0 0 0 0 0 0 OMD O O N N N N N O t0R VOI O O O O N ?O•I O N H O O O O N O O O VI 0 N 0 m m E. W z F oI U U a H O H U 0 F 64Fj 7 m l 1 1 m U) q z E w vi vi H ii q v N W W ON R b b N M M s pi F El 04 �� m C E- .4 W .� (184 �R Q k P cNi H cPl fPl OPI p184 '�?`��i r•1 4r0 V q ,7pp7 �y h N m N D r H ` [H] v r N N K S O I�A ry .,yi VM1 W W a .i m N nN1 0'1 a a O OOQ pOp Al C7 IA O vv��ir, a ��NmM�e�a1°Ram l�0 Iri U E q m `4 N P z o � m z $ F � �1 H � � � � m 1✓: b q q yH Q a U U U U 10 y O 0 N a WW U M I U q �7 p� H pp� qq y q aye F U H H p.�7 � w O mH yl Z A O IG H E U y D 7 ry m y p a R1 Al a y z a° m P N N N 11 tl N H N N N N -N f P t t t f t V1 N V7 P P P N VI b n O 'y H N N M r m N a O N m 0 M M M M M M M M M M M M N M M M M .q O� 01 01 O� O� ONi ON1 T ON1 ONi N t t t t t t :m mm t q q N N OMI OMi O N ON OMI OM1 OMI OMi OMI O NO � $ t f t t t f t f f f •q► 01 01 01 01 N v a i ZONING' CLASSIMATIoN: MIN. AREA; . . . . .. x©500 MIN. FRONTAGE: . . , FRONT YARD S.B.: . . . . ... �T REAR & SIDE S.B.: , ' /,o, mil" GROUND COVER (7.): . . , %4C,; o� WSTING: -4; (f O/V -S,,E -7_ ml� i - ro.Gcr�nrva riot X,,T /J Ini,Gr�.� /XC To C'ovA,COA7- o � - - - - - - 6.5 To �ourVo -4 r'e0� 1 'J /VO- Bv� �,V� ./,-,:�:)CtT-1(:2ff I( � z Z s c � 7 TOWN OF NANTUCKET BOARD OF APPEALS o m NANTUCKET, MASSACHUSETTS 0251 ° w Date: April 8,2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Applicatio the following: Application No: 083 -04 Original owner /Applicant: Stephen A. Silverio Current Owner /Applicant: SARA GOLDSMITH SCHWARTZ S WILLIAM E. HANNUM. III Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing a complaint in Land Court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. 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. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 49.2.3, Parcel 23.1 Book 1226, Page 22 27 Sconset Avenue Lot 1 Sconset Residential Ten (SR -10) Plan Book 22, Page 89 DECISION: 1. At a public meeting of the Nantucket Zoning Board of Appeals (Board) on Thursday, March 13, 2014, at 12:00 p.m., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of Sara Goldsmith Schwartz and William E. Hannum, HI, of 234 Brentwood Circle, North Andover, Massachusetts 01845, File No. 083 -04: 2. Applicant requested a rescission of previously issued Special Permit granted to prior owner, Stephen A. Silverio, in Zoning Board of Appeals Decision No. 083 -04. The Locus is situated at 27 Sconset Avenue, shown on Nantucket Assessor's Map 49.2.3 as Parcel 23.1, upon Plan Book 22, Page 89, and evidence of owner's title is recorded at Book 1226, Page 22 on file at the Nantucket County Registry of Deeds. The site is currently zoned Sconset Residential 10 (SR -10). 3. This decision is based upon the application and accompanying materials, representations, and testimony received at the public meeting. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. There no letters in favor or in opposition to the requested rescission. 4. Leslie Snell explained the request that the Board rescind the Special Permit due to the change of zoning of the property from Sconset Residential 20 (SR -20) to Scons :t Residential 10 (SR -10). The original permit, issued when the site was located in the SR -20 district, was granted in order to reduce the side yard setback requirement from ten (10) feet to 7.3 feet. At the 2013 Annual Town Meeting, the site was placed in the SR -10 zoning district which has a five (5) foot side yard setback requirement, thereby rendering said special permit relief unnecessary pursuant to Zoning By -Law Section 139- 16.C(1). The lot was created in a 1983 subdivision, prior to a 1984 zoning change from SR -1 to SR -2 (later known as SR -20), and, consequently, retains its status as a lot of record whose original zoning designation was SR -1. Therefore, the locus is pre- existing nonconforming as to lot size with a lot area of 6,274 square feet in the SR -10 district where minimum lot size is 10,000 square feet. Locus is also pre - existing nonconforming as to frontage, having fifty (50) feet of frontage on Sconset Avenue in a district where seventy-five (75) feet of frontage is required. The two -story single family dwelling, with a ground cover of 1,365 square feet, was built in 2004. The structure, as shown on plan entitled `Building Location Plan of Land in Nantucket, Ma. ", prepared by Charles W. Hart & Associates, Inc., dated June 2, 2008, a reduced copy of which is attached herewith as "Exhibit A ", meets all other dimensional requirements and intensity regulations for the SR -10 zoning district. 5. Therefore, based on the application materials, testimony received at the public meeting, and the request, the Board finds that special permit relief for the locus is not required. No evidence was presented to support the need for special permit relief for waivers from any sections of the Zoning Bylaw. 6. Accordingly, by UNANIMOUS VOTE of the four sitting members of the ZONING BOARD OF APPEALS, the Board of Appeals rescinded the previously issued Special Permit granted to Stephen A. Silverio, prior owner, in Zoning Board of Appeals Decision No. 083 -04, recorded with the Registry of Deeds in Book 945, Page 290. SIGNATURE PAGE TO FOLLOW Assessor's Map 49.2.3, Parcel 23.1 Book 1226, Page 22 27 Sconset Avenue Lot 1 Sconset Residential Two (SR -2) Plan Book 22, Page 89 Dated: A o , 2014 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the day of 1401 2014, before me, the undersigned notary public, personally appeared one of the above-named members of the Zoning Board of antucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document and acknowledged that he signed the foregoing instrument voluntarily for the purposes therein expressed. N tary P c: My Com tssion Expires: Q KAREN t, E. BRADFORD NoleE. Public bnMNbaWMN Or WSSM;HUSETrS My Commpaion Expires De ber 19. 2020 t NING CLASSIFICATION:.SR-z EXISTING: AREA, ,2000, 0S,F FRONTAGE:.. uT YARD SO, •.3P.T7 l64K Rk SIDE SO. . S•C� : .... /0 P> ....x.... UND COVER ScoA1'S,,ET � ,erryrivc II ,, N• e• P,uriGy -H /�Y 2 87Y w/F D yy.zs -zo rf/.e 1 1 CERTIFY AS QF/ . • 6.++qqq. RIAT THE BUILDING(S)ISfPRE lOCA1ED; DN E GROUND AS SHHOWN HEREON PROb OOVAL L'ND S U RVEYAOR R THIS MOT PLAN WAS PREPARED FOR THE TOWN OF NANNCI(ET BUILDING DEPARTMENT ONLY AND RVEY. NOT E CGNSI U ED A PROPERTY LINE ESTABLISH PROPERTY UNES fENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERTIFlCARON AS TO TITLE OR OWN JP OF THE PROPERTY SHOWN. OWNERS 'OF ADJOINING PROPERTIES ARE SHOWN ACCQROMlC TO CURRENT ASSESSOR RECORDS ASSESSOR MAP: . /�.• PARCEL: 244 . �V>E LL i /y/F c.li C.Ceors ,ETR.G BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MA. SCALE: 1' -zo' DATE: TiJK$.Z2A�8 oWDOr: ST.G'?iY.C?tC.L. 5xt. FC/Q..... . Deed: %800.44.3i331PIM:.d/. %2��e Locuz ....27.. S 'W"W r /4 Y.E...... . CHARLES M. HART and ASSOCIATES, Inc. PROFESSIONAL LAND SURVEYORS 8 WILLMMS LANE NANTUCKET, MASS. 02554 (508) 228 -8910