HomeMy WebLinkAbout051-06(Appeal)
LAW OFFICES OF
JEFFREY D. WILLIAMS
JEFFREY D. WILLIAMS
219 EAST MAIN STREET
MILFORD, MASSACHUSETTS 01757-2823
TELEPHONE (508) 478-1777
FACSIMILE (508) 478-3145
E-MAIL:
WIL.LAW@VERIZON.NET
THOMAS J. GIBLIN, III
OF COUNSEL
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November 24, 2006
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Town Clerk
Town Of Nantucket
16 Broad Street
Nantucket, Massachusetts 02554
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DELIVERED IN HAND
RE: Notice Of Appeal, Christopher E. Klein Vs. Town Of
Nantucket, et al.
Dear Town Clerk:
Forwarded herewith please find the above-referenced
Notice Of Appeal.
Very truly yours,
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COMMONWEALTH OF MASSACHUSETTS
Trial Court Of Massachusetts
Land Court Department
Case No.: 06 MIse 333236
VS.
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Town Of Nantucket, Acting )
By And Through Its Duly )
Authorized Agent, Alice Boyd )
And Michael J. 0' Mara, )
Edward S. Toole, Kerim )
Koseatac, Burr Tupper and )
Nancy J Sevrens, As They )
Constitute The zoning Board )
Of Appeals Of The Town Of )
Nantucket, )
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Christopher E. Klein,
Plaintiff
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Defendants
BOT:ICE OF APPEAL
Notice is hereby given that the Plaintiff, Christopher
E. Klein, has appealed the Decision of the Nantucket zoning
Board Of Appeals, which Decision is dated November 6, 2006
and was filed with the Nantucket Town Clerk's Office on
November 6, 2006.
A true copy of the appeal, as filed with the
Massachusetts Land Court on November 22, 2006, is attached
hereto and made a part hereof.
Christopher E. K~~in,
By His Attorney,
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Jef~~D. williams, Esquire
BBO# 528760
Law Offices Of Jeffrey D. williams
219 East Main Street
Milford", Massachusetts 01757
(508) 478-1777
COMMONWEALTH OF MASSACHUSETTS
TrialCourt'Of Massachusetts
Land Court Department
Case No. : 06 MIse 333236
VS.
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Town Of Nantucket, Acting }
By And Through Its Duly }
Authorized Agent, Alice Boyd }
And Michael J. O'Mara, }
Edward S. Toole, Kerim }
Koseatac, Burr Tupper and }
Nancy J Sevrens, As They }
Constitute The zoning Board }
Of Appeals Of The Town Of }
Nantucket, }
}
Christopher E. Klein,
Plaintiff
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Defendants
COMPLAINT TO APPEAL GRANT OF SPECIAL PERM:IT
1 . Plaintiff, Christopher E. Klein is the owner of the
property located at 67 Orange Street, Nantucket,
Massachusetts 02554.
2. Defendant Alice Boyd is the duly authorized agent of
the Town Of Nantucket, Massachusetts, a Municipal
Corporation, of 16 Broad Street, Nantucket, Massachusetts
02554, the Applicant relative to the hereinafter described
Decision of the Nantucket Zoning Board Of Appeals.
3. Defendant Michael J. O'Mara resides at 240 Polpis
Road, Nantucket, Massachusetts - 02554 and is, at all
relevant times, a Member of the Nantucket Zoning Board Of
Appeals.
4. Defendant Edward S. Toole resides at 28 Burnell
Street, Siasconset, Massachusetts, has a mailing address of
P.O. Box 725, Siasconset, Massachusetts 02564 and is, at
all relevant times, a Member of the Nantucket zoning Board
Of Appeals.
5. Defendant Kerim Koseatac resides at 30 North Water
Street, Nantucket, Massachusetts 02554 and is, at all
relevant times, a Member of the Nantucket zoning Board Of
Appeals.
6. Defendant Burr Tupper resides at 16 Miacomet Road,
Nantucket, Massachusetts 02554 and is, at all relevant
times, a Member of the Nantucket zoning Board Of Appeals.
7. Defendant Nancy J. Sevrens resides at 22 Vesper Lane,
Nantucket, Massachusetts, has a mailing address of P.O. Box
428, Nantucket, Massachusetts 02554 and is, at all relevant
times, a Member of the Nantucket Zoning Board Of Appeals.
8. That prior to July 14, 2006, the Town Of Nantucket,
acting by and through its duly authorized agent, Defendant
Alice Boyd and others, made Application for relief, by
Special Permit, under Nantucket zoning By-Law section 139-
33A (alteration/expansion of a pre-existing/nonconforming
structure/use) and to the extent necessary, relief by
Special Permit under zoning By-Law Section 139-18 (Parking
requirements) relative to property owned by the Town Of
Nantucket, located at 58A Orange Street, Assessor's Map
55.4.1, Parcel 79.2, Plan Book 15, Page 8 (the "Premises").
9. That Public Hearings were held, by the Nantucket
zoning Board Of Appeals, on July 14, 2006 and october 13,
2006.
10. That by Decision dated November 6, 2006 and filed with
the Nantucket Town Clerk's Office on November 6, 2006, the
Nantucket Zoning Board Of Appeals granted the Special
Permit requested seeking relief pursuant to Nantucket
Zoning By-Law, Section 139-33A and to the extent necessary,
Special Permit pursuant to Nantucket zoning By-Law Section
139-18. A certified copy of the Decision, marked Exhibit
~, is attached hereto and made a part hereof (the
"Decision") .
11. That the Plaintiff, Christopher E. Klein, is a direct
abutter to the Premises and, being aggrieved by the
Decision, files this appeal pursuant to the provisions of
Massachusetts General Laws, Chapter 40A, Section 17.
12. That the Decision of the Nantucket
Appeals exceeds the authority of said
Appeals and should be annulled.
zoning Board of
zoning Board Of
WHEREFORE, Plaintiff, Christopher E. Klein, prays that
this Honorable Court enter judgment in his favor, annulling
the Decision of the Nantucket Zoning Board Of Appeals,
together with such other and further relief as the Court
deems meet and just.
Christopher E. Klein,
By His Attorney,
,
\
Je~~-i"J? ~;}~~ams. Esquire
BBO# 528760
Law Offices Of Jeffrey D. Williams
219 East Main Street
Milford, Massachusetts 01757
(508) 478-1777
E).<HIBIT A
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. TOWN 'OF NANTUCKET
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Date:
To; Parties in Interest and. oth,ers concerned vi th the.
.---:--.... ,-.--.- ,'Decision ofUthe BOARD OF .APPEALS in 1;he Appl'ication of the
fo~1owing: -
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Applicat,1'on No.:
Owner/Applicant:
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EncJ.osed, is the Decision of the BOARD OF APPEALS which has'
~his day'been'filed in the office of the Nantucket Town
C1.erk.
An Appeal from this Decision may be t~ken pursuail:t to
Section 17 of Chapter 40A, Massachusetts General LaYS.
....AlIy action appealing the .Decision must. be .brought by
. f.iling an complaint in court vitoh1n T1IBN'l'~ (20) days after
this. day's date. Notice of the ac~ioD with a copy of the
complaint and certified cOPY' of the .J:>ecision must be given. .
~, to the Town Clerk so as to be 'received within such TWENTY '
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~.~~a~ PLiASE NOTE~ MOST SPECIAL PERMITS ANO VARIANCBS HAVE A TIME
.~_ LIXIT AND WILL EXPIRE IF NOT AGTED'UPON ACCORDING' TO NANTUCRET
ZONING' BY-LAW g139-30I (SPECIAL PBRKITS)~, ft 139-321 (VARIANCES)
ANY QUESTIONS, 'P;LBASE CALL THB NANTUCKBT ZONING BOARD OF APPEALS.
'l'oYn Clerk
planning Board
~uilding Commds~oner
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NANTUCKET ZONING BOARD OF APPEAlS
Two Fairgrounds Road '
Nantucket, Massachusetts 02554
58A Orange Street
Assessor's Map 55.4.1, Parcel 79.1.
Residential-Old Historic
Deed Book 122, Page 246
Plan Book 15, Page 108
DECISION:
"
1. At a public hearing of the Nantucket Zoning Board of Appeals, opened for
discussion on Friday, July 14, 2006, at 1:00 P.M., and continued to Friday, October 13,
2006, at 1:00 P.M. in the Conference Room at 2 Fairgrounds Road, Nantucket,
Massachusetts, the Board made the following Decision on the Application (051-06) of
the TOWN OF NANTUCKET, of 16 Broad Street, Nantucket, MA 02554, in connection
with property known as 58A Orange. Street, Nantucket, Massachusetts:
2. Applicants are seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law Section 139-33A (alteration/expansion of a pre-existing/ nonconforming
structuref use), and to the extent necessary, relief by SPECIAL PERMIT under Zoning
By-law Section 139-18 (parking requirements). Applicants propose to alter the use of a
1901 structure that has been used for municipal storage and shop pUrposes to a
conforming use for residential purposes that would contain one primary dwelling unit
and an accessory aparbnent. There would be no change in the footprint or increase in
any of the nonconformities. There would be new dormers added within the existing
footprint outside of the required five-foot setback area and a new foundation placed
under the structure. The property is nonconforming as to lot size with the lot containing
about 900 square feet of area in a district that requires a minimum lot size of 5,000 SF; as
to ground cover with the lot containing ~ 100% ground cover ratio in a district that
allows a maximum ground cover ratio for undersized lots of 30%; as to side and rear
yard setbacks, with the structure being sited within one foot ofhoth the southerly and
northerly side yard lot lines as well as the westerly rear yard lot line, in a district that
requires a minimum side and rear yard setback of five feet; and as to parking with the
lot containing no parking historically and none is planned in relationship to this
application.
The Premises is located at 58A ORANGE STREET, Assessor's Map 55.4.1, Parcel
79.2, Plan Book 15, Page 8. The property is zoned Residential..old-Historic.
3. Our Decision is based upon the application and accompanying materials,
representations and testimony received at our public hearings. The Planning Board
dete:rmined that this matter was of Planning Board concern in a memo dated July 11,
2006. The Planning Board stated that the area "is an area where the properties are
almost entirely residential and the existing use of the site is commercial in nature... The
Planning Board would like to encourage the ZBA to approve the requested $pecial
permits at 58A Orange Street n The Board of Appeals received 241etters of support from
abutters, and interested individuals and organizations that supported the conversion of
the garage use to use for housing pmposes. The president of the Nantucket Housing
Office attended the October meeting and spoke in' favor of the Application; as did a
member of the Nantucket Board of Selectmen. The Board received no letters in
opposition from abutters. However, Seven abutters appeared and spoke against the
application at the hearings, objecting to the lack of setbacks, ground cover ratio of the
existing structurel the lack of a pla~tri store bicycles, garbage and recycling material
that wOuld accompany a change in use, the increased density of. two dwelling units on
the Premises, the increased intensity of use that abutters argued would result from
changing the use from nonconforming commercial use,to conforming residential use,
possible negative impacts on quality of life issues and enforcement problems.
4. Applicant, initially at the July public hearing through Alice Boyd, the
grant administrator, legal counsel at both hearings, and the representatives of the .
Nantucket Housing Office, as agent at the October 2006 hearing, represented that the
Applicant is the owner of a 1901 structure that has been used for storage, sign painting,
and shop purposes for the Nantucket Department of Public Works since the town
purchased the structure in 1961. These uses of the garage are nonconforming in the
Residential..old-Historic rROH") zoning district. The garage has been used
consistently for theSe purposes since a time prior to the 1972 ,enactment of the
Nantucket Zoning By-law and is thus validly grandfathered as to use. The structure is
also shown on the 1938 and 1957 aerial photographs in the Town records in
substantially the same configuration and location and thus the nonconforming siting of
the garage is also validly grandfathered. Applicant plans to convert the structure to
residential use, a primary dwelling unit and an accessory apartment unit (as defined in
Zoning By-law Section 139-7Q, which are permitted uses as a matter of right in the
ROB zoning district. However, relief is necessary by special permit to alter the use of
the nonconforming ancillary structure 85 it is sited withjn a required setback area.
5. Applicant stated that the existing ground cover and setback
nonconformities of the garage ,structUre would not be increased with the conversion of
use. The proposed dormers that would be placed within the existing footprint would be
located ou1sid.e of the required setback areas and there would be no increase in the
ridge height of the structure. The current parking requirement for the existing
,'.
municipal use is one space for every 900 square feet of commercial space. The parking
requirement for the new dwelling unit is one space, and there is no parking
requirement under Nantucket Zoning By-law Section 139-18 for the aCcessory
apartment No parking is currently provided on site and no parking space is planned as
part of this Application. However, there would be a gain of a minimum of two on street
parking spaces for use of the neighborhood related to the conversion of use as the
existing curb cut across the front of the garage would be removed. Applicant argues
that no parking relief is necessary as there is no change in use that would require
additional parkins- but has asked for relief to the ~xtent necessary should the Board
find that relief is necessary. 'In response to abutters' concerns about trash'storage areas, ,
the Applicant submitted a new interior floor plan at the October hearing that indicated
that there would be an interior area provided for the storage of trash and such items as
bicycles.
7. Thcrc.forc, based upon the foregoing, the Board finds that the change from
nonconforming uses as described above, to conforming residential uses, and expansion
of the structure in a conforming manner.with. the construction of second floor dormers
as proposed, would not be substantially more detrimental to the neighborhood than the
existing nonconformities. The Board finds that there would be no increase in the
intensity of use or nonconforming nature of the structure with said conversion of use
and expansion of the structure. Conversion to a residential use would be consistent
with the residential character of the neighborhood within which the lot is situated. Said
change would also lessen the nooconfonning nature of the lot with the elimination of
the municipal use. The Board finds that the issue raised by abutters that the setbacks
and ground cover nonconformities resulted in no place for residents to store bicycles,
garbage, and similar items, has been resolved by the Applicant with the revised floor
plan that created interior storage space. The presentation of the revised floor plan and
with reasonable conditions to control the intensity of use .of the Premises, special permit
relief could be granted without derogating from the general purpose and intent of the
Zoning By-law. In addition, the Board finds that parking relief is not required by this
application, but to the extent necessary, waiver of the one required space would not be
contrary to safety and traffic conCerns and in harmony with the general purpose and
intent of the Zoning By-law and consistent with other similar grants of relief in the ROH
zoning district.
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8. Accordingly, by a vote of four in favor (O'Mara, Toole, Koseatac, Tupper)
and one opposed (Sevrens) the Board GRANTS the requested SPECIAL PERMIT relief
pursuant to Nantucket Zoning By-law Section 139-.~A for the proposed conversion of
use as described above and to the extent necessary, SPECIAL PERMIT pursuant to
Zoning By-law Section 139-18 to waive the required parking space, subject to the
following conditions:
a. There shall be a maximum of two dwelling ~tS permitted on the
Premises;
b. The primary dwelling unit and the accessory apartment shall be limited to
no more than one bedroom each;
c. The renovation of the structure shall be done in substantial conformance
with the Certificate of Appropriateness No. 47,173, approved by the .
Nantucket Historic Districts Commission, as may be amended from time
to time; and
d. The floor plans of the dwelling units shall be constructed substantial1y in
accordance with the revised I'Proposed Floor Plansn, prepared by S.M.
Roethke, dated October 4, 2006, a reduced copy of which is attached
hereto as Exhibit A L
Dated~ ~(n~ eo..., 2006 () .
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16 Broad Street, Nantucket, MA 02554-3590 . Telephone: 508.228.7217 · Fax: 508.325.53 \3
Office Of The Town Clerk · Town Of Nantucket
FAX
To: Paul DeRensis
Fax No: (617) 951-2323
Tel No: (617) 951-2300
Subject: ZBA appeal
From: James (Town Clerk's Office)
Fax No: 508,325.5313
Tel No: 508.228.7217
# of Pages: )If \ 3
Attached please find the appeal of the ZBA decision re: 58A Orange Street.
Office of the Town Clerk + 16 Broad Street +
Nantucket, MA +
02554
LAW OFFICES OF
JEFFREY D. WILLIAMS
219 EAST MAIN STREET
MILFORD, MASSACHUSETTS 01757-2823
TELEPHONE (508) 478-1777
FACSIMILE (508) 478-3145
E-MAIL:
WIL.LAW@VERIZON.NET
JEFFREY D. WILLIAMS
THOMAS J. GIBLIN, III
OF COUNSEL
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November 24, 2006
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Town Clerk
Town Of Nantucket
16 Broad Street
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DELIVERED IN HAND
RE: Notice Of Appeal, Christopher E. Klein Vs. Town Of
Nantucket, et al.
Dear Town Clerk:
Forwarded herewith please find the above-referenced
Notice Of Appeal.
Very truly yourS,
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Jef~rey D. Williams
JDW:wss
w/enclosure
COMMoNWEALTH OF MASSACHUSETTS
Trial Court Of Massachusetts
Land Court Department
Case No. : 06 MISe 333236
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Christopher E. Klein,
plaintiff
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Defendants
BOT:ICE OF APPEAL
Notice is hereby given that the Plaintiff, Christopher
E. Klein, has appealed the Decision of the Nantucket zoning
Board Of Appeals, which Decision is dated November 6, 2006
and was filed with the Nantucket Town Clerk's Office on
November 6, 2006.
A true copy of the appeal, as filed with the
Massachusetts Land Court on November 22, 2006, is attached
hereto and made a part hereof.
Christopher E. K~~in,
By His Attorney,
<~"" 'J (" ) 1 \" ~( -
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Jeffj~ D. williams, Esquire
BBO# 528760 .
Law Offices Of Jeffrey D. Williams
219 East Main street
Milford, I' Massachusetts 01757
(508) 478-1777
COMMONWEALTH OF MASSACHUSETTS
Trial .Court'Of Massachusetts
Land Court Department
Case No. : 06 MISe 333236
Christopher E. Klein,
plaintiff
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Town Of Nantucket, Acting }
By And Through Its Duly }
Authorized Agent, Alice Boyd)
And Michael J. O'Mara, }
Edward S. Toole, Kerim }
Koseatac, Burr Tupper and }
Nancy J Sevrens, As They }
Constitute The Zoning Board }
Of Appeals Of The .Town Of }
Nantucket, }
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Defendants
COMPLAINT TO APPEAL GRANT OF SPECIAL PERM:IT
1 . Plaintiff, Christopher E. Klein is the owner of the
property located at 67 Orange street, Nantucket,
Massachusetts 02554.
2. Defendant Alice Boyd is the duly authorized agent of
the Town Of Nantucket, Massachusetts, a Municipal
Corporation, of 16 Broad street, Nantucket, Massachusetts
02554, the Applicant relative to the hereinafter described
Decision of the Nantucket Zoning Board Of Appeals.
3. Defendant Michael J. O'Mara resides at 240 polpis
Road, Nantucket, Massachusetts, 02554 and is, at all
relevant times, a Member of the Nantucket zoning Board Of
Appeals.
4. Defendant Edward S. Toole resides at 28 Burnell
Street, Siasconset, Massachusetts, has a mailing address of
P.O. Box 725, Siasconset, Massachusetts 02564 and is, at
all relevant times, a Member of the Nantucket zoning Board
Of Appeals.
5. Defendant Kerim Koseatac resides at 30 North Water
street, Nantucket, Massachusetts 02554 and is, at all
relevant times, a Member of the Nantucket zoning Board Of
Appeals.
6. Defendant Burr Tupper resides at 16 Miacomet Road,
Nantucket, Massachusetts 02554 and is, at all relevant
times, a Member of the Nantucket Zoning Board Of Appeals.
7. Defendant Nancy J. Sevrens resides at 22 Vesper Lane,
Nantucket, Massachusetts, has a mailing address of P.O. Box
428, Nantucket, Massachusetts 02554 and is, at all relevant
times, a Member of the Nantucket zoning Board Of Appeals.
8. That prior to July 14, 2006, the Town Of Nantucket,
acting by and through its duly authorized agent, Defendant
Alice Boyd and others, made Application for relief, by
Special Permit, under Nantucket zoning By-Law section 139-
33A (alteration/expansion of a pre_existing/nonconforming
structure/use) and to the extent necessary, relief by
special Permit under zoning By-Law Section 139-18 (Parking
requirements) relative to property owned by the Town Of
Nantucket, located at 58A Orange Street, Assessor's Map
55.4.1, parcel 79.2, Plan Book 15, Page 8 (the "premises") .
9. That Public Hearings were held, by the Nantucket
zoning Board Of Appeals, on July 14, 2006 and October 13,
2006.
10. That by Decision dated November 6, 2006 and filed with
the Nantucket Town Clerk's Office on November 6, 2006, the
Nantucket Zoning Board Of Appeals granted the special
Permit requested seeking relief pursuant to Nantucket
zoning By-Law, section 139-33A and to the extent necessary,
special permit pursuant to Nantucket zoning By-Law Section
139-18. A certified copy of the Decision, marked Exhibit
~, is attached hereto and made a part hereof (the
"Decision") .
11. That the Plaintiff, Christopher E. Klein, is a direct
abutter to the Premises and, being aggrieved by the
Decision, files this appeal pursuant to the provisions of
Massachusetts General Laws, Chapter 40A, section 17.
12 . That the Decision of the Nantucket
Appeals exceeds the authority of said
Appeals and should be annulled.
Zoning
zoning
Board of
Board Of
WHEREFORE, Plaintiff, Christopher E. Klein, prays that
this Honorable Court enter judgment in his favor, annulling
the Decision of the Nantucket Zoning Board Of Appeals,
together with such other and further relief as the Court
deems meet and just.
Christopher E. Klein,
By His Attorney,
,
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Je 1 y D. williams, Esquire
BBO# 528760
Law Offices Of Jeffrey D. Williams
219 East Main Street
Milford, Massachusetts 01757
(508) 478-1777
EXHIBIT A
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. TOWN 'OF NANtUCKET
R'ECEIVED
BO'ARD OF APPEALS
'D6 '. NoV ~6 P 3 :44
NANTUCKET ~ MASSA~SETIS ~2554.
NiUf(UI.:r\I:, "
j t ',~ "."'" /_ TOWH CLERK
NdttelY1 UI-\!' Y lp ,_, 200(f ,
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Date:
',' . To: parti es in Interest and. others concerned vi th the,
'__..:-...... ._.__._ .'Decision of"the BOAin OF APPEALS in 1;he .lppl'!cat.ion of the
f'o~1oriDg ::~
App1icat.i:QD No.:
owner/App1.icant:
C?51-0c,
ICAVf! :'6cP. AJp.rrtuct.e:i-
Enc1.osed' is the Decision of . the BOARD OF APPEALS which has'
-this day 'best'"f:iled i~ the office of the Nant.ucket Town. .'
C1erk.
An Appea+ from this Decision may be t~ken pursuant to
Section 17' of chapter 40A, Massachusetts Gei:l.era~ Lays.
...A.ny ac~ion appea~ing the Decision must. be .brought. by
,fjling an comp1.aint in court vithin TWENT~ (20) days after
th!s.day's date. Notice of the ac~lon with a copy of the
cCJDp1.aint and certified copy of the .J:)ecision must be given. .
. ~ to the Town C1erk so as to be 'received vithin such TWENTY .
~ (20) days..
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"~.~1I..~ PLZASE NOTE: MOST SPECIAL PERMITS AND VARIANCBS HAVE A TIME
..
LIMIT AND WILL EXPIRE IF NOT AGTED'UPON ACCORDING' TO NANTUCRET
ZONIN.G' BY-LAW D139-301 (SPECIAL PERMITS)J. 1139-321 (VARIANCES)
ANY QUESTIONS,PLBASE CALL THE NANTUCKBT ZONING BOARD OF APPEALS.
.
'rOYIl Clerk
Planning Board
~uilding Commds~oner
..
..
NANTUCKET ZONING BOARD OF APPEALS
Two Fairgrounds Road
Nantucket, Massachusetts 02554
58A Orange Street
Assessors Map 55.4.1, Parcel 79.2
Residential-Old Historic
Deed Book 122, Page 246
Plan Book 15, Page 108
DECISION~
"
1. At a public hearing of the Nantucket Zoning Board of Appeals, opened for
discussion on Friday, July 14, 2006, at 1:00 P M" and continued to Friday, October 13,
2006, at 1:00 P.M. in the Conference Room at 2 Fairgrounds Road, Nantucket,
Massachusetts, the Board made the fonowing Decision on the Application (051-06) of
the TOWN OF NANTUCKET, of 16 Broad street, N~tucket MA 02554, in connection
with property known as 58A OrangeStreet Nantucket, Massachusetts:
2. Applicants are seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law Section 139-33A (alteration! expansion of a pre-existing/ nonconforming
structurel use), and to the extent necessary, relief by SPECIAL PERMIT under Zoning
By-law Section 139-18 (parldngrequirements). Applicants propose to alter the use of a
1901 structure that has been used for municipal storage and Shop pUrposes to a
conforming use fur residential purposes that would contain one primary dwelling unit
and an accessory aparbnent. There would be no change in the footprint or increase in
any of the nonconformities. There would be new dormers added within the existing
footprint outside of the required five-foot setback area and a new foundation placed
under the structure. The property is nonconforming as to lot size with the lot con.l:a4dng
about 900 square feet of area in a district that requires a minimum lot size of 5,000 SF; as
to ground cover with the lot containing apnost 100% ground cover ratio in a district that
allows a maXimum ground cover ratio for undersized lots of 30%; as to side and rear
yard setbacks, with the structure being sited within one foot of.both the southerly and
northerly side yard lot lines as well as the westerly rear yard lot line, in a district that
requires a minimum side and rear yard setback of five feet; and as to parking with the
lot containing no parking historically and none is planned in relationship to this
application.
The Premises is located at 58A ORANGE STREET, Assessor's Map 55.4.1, Parcel
79.2, Plan Book 15, Page 8. The property is zoned Residential-Old-Historic.
3. Our Decision is based upon the application and accompanying materials,
representations and testimony received at our public hearings. The Planning Board
determined that this matter was of Planning Board concern in a memo dated July 11,
2006. The Planning Board stated that the area I'is an area where the properties are
almost entirely residential and the existing use of , the site is commercial in nature... The
Planning Board would like to encourage the ZBA to approve the requested $pecial
permits at 58A Orange Street" The Board of Appeals received 241etters of support from
abutters, and interested individuals and organizations that supported the conversion of
the garage use to use for housing purposes. The president of the Nantucket Housing
Office attended the October meeting and spoke in' favor of the Application; as did a
member of the Nantucket Boatd of Selectm~ The Board received no letters in
opposition from abutterS. However, Seven abutters appeared and spoke against the
application at the hearings, objecting to the lack of setbacks, ground cover ratio of the
existing structure" the lack of a pla~.tO store bicycles, garbage and recycling material
that would accompany a change in use, the increased density of two dwelling units on
the Premises, the increa5ed intensity of use that abutters argued would result from
changing the use from nonconfonni,ng commercial useto conforming residential use,
possible negative impacts on quality of life issues and enforcement problems.
4. Applicant, initially at the July public hearing through Alice Boyd, the
grant administrator, legal counsel at both hearings, and the representatives of the .
Nantucket Housing Office, as agent at the October 2006 hearing, represented that the
Applicant is the owner of a 1901 s.tructure that has been used for storage I sign. painting,
and shop purposes for the Nantucket Department of Public Works since the town
purchased the structure in 1961. These uses of the garage are nonconforming in the
Residential.ol4-Historic (UROH") zoning district. The garage has been used
consistently for theSe purposes since a time prior to the 1972 .enactm.ent of the
Nantucket Zoning By-law and is thus validly grandfathered as to use. The structure is
also shown on the 1938 and 1957 aericU photographs in the Town records in
substantially the same configuration and location and thus,the nonconforming siting of
the garage is also validly grandfathered. Applicant plans to convert the ,structure to
residential use, a primary dwelling unit and an accesRory apartment unit (as defined in
Zoning By-law Section 139-7C), which are permitted 11005 as a matter of right in the
ROH zoning district. However, relief is necessary by special permit to alter the use of
the nonconforming ancillary structure as it is sited withjn a required setback area.
5. Applicant stated that the existing ground cover and setback
nonconformities of the garage ,structUre would not be increased with the conversion of
use. The proposed dormers that would be placed ,within the existing footprint would be
located ou1side of the required setback areas and there would be no increase in the
ridge height of the structure. The current parking requirement for the existing
.,
municipal use is one space for every 900 square feet of commercial space. The parking
requirement for the new dwelling unit is one space, and there is no parking
requirement under Nantucket Zoning By-law Section 139-18 for the aCcessory
apartment. No parking is currently provided on site and no parking space is planned as
part of this Application. However, there would be a gain of a minimum of two on street
parking spaces for use of the neighborhood related to the conversion of use as the
existing curb cut across the front of the garage would be removed. Applicant argues
that no parking relief is necessary as there is no change in use that would require
additional parkin~ but has asked for relief to the ~xtent necessary should the Board
find that relief is necessary. .In response to abutters' concerns about trash'storage areas, .
the Applicant submitted a new interior floor plan at the October hearing that indicated
that there would be an interior area provided for the storage of trash and such items as
bicycles.
7. Therefore, based upon the foregoing, the Board finds that the change from
nonconforming uses as described above, to conforming residentW uses, and expansion
of the structure in a conforming manner.with the construction of second floor dormers
as proposed, would not be substantially more detrimental to the neighborhood than the
existing nonconformities. The Board finds that there would be no increase in the
intensity of use or nonconforming nature of the strUcture with said conversion of use
and expansion of the structure. Conversion to a residential use would be consistent
with the residential character of the neighborhood within which the lot is situated. Said
change would also lessen the nonconforming nature of the lot with the elimination of
the municipal use. The Board finds that the issue raised by abutters that the setbacks
and ground cover nonconformities resulted in no place for residents to store bicycles,
garbage, and similar items, has been resolved by the Applicant with the revised floor
plan that created interior storage space. The presentation of the revised floor plan and
with reasonable conditions to control the intensity of use .of the Premises, special permit
relief could be granted without derogating from the general purpose and intent of the
Zoning By-law. In addition, the Board finds that parking relief is not required by this
application, but to the extent necessary 1 waiver of the one required space would not be
contrary to safety and traffic coneems and in harmony with the general purpose and
intent of the Zoning By-law and consistent with other similar grants of relief in the ROH
zoning district.
..
.
.
8. Accord.ingly, by a vote of four in favor (O'Mara, Toole, Koseatac, Tupper)
and one opposed (Sevrens) the Board GRANTS the requested SPECIAL PERMIT relief
pursuant to Nantucket Zoning By-law Section 139-.~A for the proposed conversion of
use as described above and to the extent necessary, SPEOAL PERMIT pursuant to
Zoning By-law Section 139-18 to waive the required parking space, subject to the
following conditions:
a. There shall be a maximum of two dwelling uni.tS permitted on the
Premises;
b. The primary dwelling unit and the aCcessory apartment shall be limited to
no more than O~ bedroom each;
c. The renovation of the structure shall be done in substantial conformance
with the Certificate of Appropriateness No. 47,173, approved by the .
Nantucket Historic -qistricts Commission, as may be 'amended from time
to time; and
d. The floor plans of the dwelling units shall be constructed substantially in
accordance with. the revised "'Proposed Floor Plans" , prepared by S.M.
Roethke, dated October ~ 2006, a reduced copy of which is attached
hereto as Exhibit A. L
Dated: N(nre~ Ca...., 2006 o.
>n! 311 NMOl
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PRoPOSED FLOOR PLANS
58A Onmge Street
58A Oranse Street, Nantucket, MIl. 02554 ,
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TOWN OF NANTUCKET
F' :'
BOARD OF APPEALS
'06 NOV -6 P 3 :44
NANTUCKET, MASSACHUSETTS 02554
Date: )JdtJf.fJn W<?v(p , 200~
To: Parties in Interest and Others concerned with the
-'De"clsIOil' of the BOARD OF APPEALS in the Application of the
following:
~
Owner/Applicant:
OSI -- OCQ
/Oem - '(JP- AJOrtfucter
Application No.:
Enclosed is the Decision of the BOARD OF APPEALS which has
this daybee,~Ffiled in 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
fiiing an complaint in court within TWENTY (20) days after
this day's date. Notice of the action with a copy of the
com~laint and certified copy of the necision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
cc: Town Clerk
Planning Board
~uilding CommissJoner
"'
,
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); ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
Two Fairgrounds Road
Nantucket, Massachusetts 02554
58A Orange Street
Assessor's Map 55.4.1, Parcel 79.2
Residential-Old Historic
Deed Book 122, Page 246
Plan Book 15, Page 108
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, opened for
discussion on Friday, July 14, 2006, at 1:00 P.M., and continued to Friday, October 13,
2006, at 1:00 P.M. in the Conference Room at 2 Fairgrounds Road, Nantucket,
Massachusetts, the Board made the following Decision on the Application (051-06) of
the TOWN OF NANTUCKET, of 16 Broad Street, Nantucket, MA 02554, in connection
with property known as 58A Orange Street, Nantucket, Massachusetts:
2. Applicants are seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law Section 139-33A (alteration/ expansion of a pre-existing/ nonconforming
structure/use), and to the extent necessary, relief by SPECIAL PERMIT under Zoning
By-law Section 139-18 (Parking requirements). Applicants propose to alter the use of a
1901 structure that has been used for municipal storage and shop purposes to a
conforming use for residential purposes that would contain one primary dwelling unit
and an accessory apartment. There would be no change in the footprint or increase in
any of the nonconformities. There would be new dormers added within the existing
footprint outside of the required five-foot setback area and a new foundation placed
under the structure. The property is nonconforming as to lot size with the lot containing
about 900 square feet of area in a district that requires a minimum lot size of 5,000 SF; as
to ground cover with the lot containing almost 100% ground cover ratio in a district that
allows a maximum ground cover ratio for undersized lots of 30%; as to side and rear
yard setbacks, with the structure being sited within one foot of both the southerly and
northerly side yard lot lines as well as the westerly rear yard lot line, in a district that
requires a minimum side and rear yard setback of five feet; and as to parking with the
lot containing no parking historically and none is planned in relationship to this
application.
The Premises is located at 58A ORANGE STREET, Assessor's Map 55.4.1, Parcel
79.2, Plan Book 15, Page 8. The property is zoned Residential-Old-Historic.
3. Our Decision is based upon the application and accompanying materials,
representations and testimony received at our public hearings. The Planning Board
determined that this matter was of Planning Board concern in a memo dated July 11,
2006. The Planning Board stated that the area" is an area where the properties are
almost entirely residential and the existing use of the site is commercial in nature... The
Planning Board would like to encourage the ZBA to approve the requested special
permits at 58A Orange Street." The Board of Appeals received 24 letters of support from
abutters, and interested individuals and organizations that supported the conversion of
the garage use to use for housing purposes. The president of the Nantucket Housing
Office attended the October meeting and spoke in favor of the Application, as did a
member of the Nantucket Board of Selectmen. The Board received no letters in
opposition from abutters. However, seven abutters appeared and spoke against the
application at the hearings, objecting to the lack of setbacks, ground cover ratio of the
existing structure, the lack of a place to store bicycles, garbage and recycling material
that would accompany a change in use, the increased density of two dwelling units on
the Premises, the increased intensity of use that abutters argued would result from
changing the use from nonconforming commercial use to conforming residential use,
possible negative impacts on quality of life issues and enforcement problems.
4. Applicant, initially at the July public hearing through Alice Boyd, the
grant administrator, legal counsel at both hearings, and the representatives of the
Nantucket Housing Office, as agent at the October 2006 hearing, represented that the
Applicant is the owner of a 1901 structure that has been used for storage, sign painting,
and shop purposes for the Nantucket Department of Public Works since the town
purchased the structure in 1961. These uses of the garage are nonconforming in the
Residential-Old-Historic ("ROH") zoning district. The garage has been used
consistently for these purposes since a time prior to the 1972 enactment of the
Nantucket Zoning By-law and is thus validly grandfathered as to use. The structure is
also shown on the 1938 and 1957 aerial photographs in the Town records in
substantially the same configuration and location and thus the nonconforming siting of
the garage is also validly grandfathered. Applicant plans to convert the structure to
residential use, a primary dwelling unit and an accessory apartment unit (as defined in
Zoning By-law Section 139-7C), which are permitted uses as a matter of right in the
ROH zoning district. However, relief is necessary by special permit to alter the use of
the nonconforming ancillary structure as it is sited within a required setback area.
5. Applicant stated that the existing ground cover and setback
nonconformities of the garage structure would not be increased with the conversion of
use. The proposed dormers that would be placed within the existing footprint would be
located outside of the required setback areas and there would be no increase in the
ridge height of the structure. The current parking requirement for the existing
municipal use is one space for every 900 square feet of commercial space. The parking
requirement for the new dwelling unit is one space, and there is no parking
requirement under Nantucket Zoning By-law Section 139-18 for the accessory
apartment. No parking is currently provided on site and no parking space is planned as
part of this Application. However, there would be a gain of a minimum of two on street
parking spaces for use of the neighborhood related to the conversion of use as the
existing curb cut across the front of the garage would be removed. Applicant argues
that no parking relief is necessary as there is no change in use that would require
additional parking, but has asked for relief to the extent necessary should the Board
find that relief is necessary. In response to abutters' concerns about trash storage areas,
the Applicant submitted a new interior floor plan at the October hearing that indicated
that there would be an interior area provided for the storage of trash and such items as
bicycles.
7. Therefore, based upon the foregoing, the Board finds that the change from
nonconforming uses as described above, to conforming residential uses, and expansion
of the structure in a conforming manner with the construction of second floor dormers
as proposed, would not be substantially more detrimental to the neighborhood than the
existing nonconformities. The Board finds that there would be no increase in the
intensity of use or nonconforming nature of the structure with said conversion of use
and expansion of the structure. Conversion to a residential use would be consistent
with the residential character of the neighborhood within which the lot is situated. Said
change would also lessen the nonconforming nature of the lot with the elimination of
the municipal use. The Board finds that the issue raised by abutters that the setbacks
and ground cover nonconformities resulted in no place for residents to store bicycles,
garbage, and similar items, has been resolved by the Applicant with the revised floor
plan that created interior storage space. The presentation of the revised floor plan and
with reasonable conditions to control the intensity of use of the Premises, special permit
relief could be granted without derogating from the general purpose and intent of the
Zoning By-law. In addition, the Board finds that parking relief is not required by this
application, but to the extent necessary, waiver of the one required space would not be
contrary to safety and traffic concerns and in harmony with the general purpose and
intent of the Zoning By-law and consistent with other similar grants of relief in the ROH
zoning district.
8. Accordingly, by a vote of four in favor (O'Mara, Toole, Koseatac, Tupper)
and one opposed (Sevrens) the Board GRANTS the requested SPECIAL PERMIT relief
pursuant to Nantucket Zoning By-law Section 139-33A for the proposed conversion of
use as described above and to the extent necessary, SPECIAL PERMIT pursuant to
Zoning By-law Section 139-18 to waive the required parking space, subject to the
following conditions:
a. There shall be a maximum of two dwelling units permitted on the
Premises;
b. The primary dwelling unit and the accessory apartment shall be limited to
no more than one bedroom each;
c. The renovation of the structure shall be done in substantial conformance
with the Certificate of Appropriateness No. 47,173, approved by the
Nantucket Historic Districts Commission, as may be amended from time
to time; and
d. The floor plans of the dwelling units shall be constructed substantially in
accordance with the revised "Proposed Floor Plans", prepared by S.M.
Roethke, dated October 4, 2006, a reduced copy of which is attached
hereto as Exhibit A. L
Dated: No~ (0, ,2006 0 .
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREEJ ~RO,IVID
NANTUCKET, MASSACHUSET1f~()l:SK'S OFFICE
PHONE 508-228-7215 NANTUCKET, MA02664
FAX 508-228-7205 JUN 30 2006 ,
NOTICE TtME: 3~~
CLERK:~
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will held at
1:00 P.M., FRIDAY, JULY 14,2006 in the Conference Room, 2 FAlRGRO S
ROAD. FORMERLY KNOWN AS THE NANTUCKET ELECTRIC COMPANY
BUILDING. WITH AN ENTRANCE FROM OLD SOUTH ROAD. FIRST RIGHT
AFfER FAIRGROUNDS ROAD COMING FROM TOWN WIm ENTRANCE
FROM THE FRONT OF THE BUILDING. Nantucket, Massachusetts, on the
Application of the following:
TOWN OF NANTUCKET FOR ITSELF AS OWNER AND FOR ALICE BOYD,
GRANT ADMINISTRATOR
BOARD OF APPEALS FILE NO. 051-06
Applicants are seeking reliefby SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/expansion of a pre-existinglnonconforming
structure/use), and to the extent necessary, reliefby SPECIAL PERMIT under Zoning
By-law Section 139-18 (Parking requirements). Applicants propose to alter the use of a
1901 structure that has been used for municipal storage and shop purposes to a
conforming use as a residential structure that would contain one primary dwelling unit
and an accessory apartment. There would be no change in the footprint or increase in any
of the nonconformities. There would be new dormers added within the existing footprint
outside of the required setback area and a new foundation placed under the structure. The
property is nonconforming as to lot size with the lot containing about 900 square feet of
area in a district that requires a minimum lot size of 5,000 SF; as to ground cover with the
lot containing almost 100% ground cover ratio in a district that allows a maximum
ground cover ratio for undersized lots, in a district that requires a minimum side and rear
yard setback of five feet; and as to parking with the lot containing no parking historically
and none is planned in relationship to this application.
The Premises is located at S8A ORANGE STREET, Assessor's Map 55.4.1,
Parcel 79.2. Plan Book 15, Page 8. The C~ (~~:c.
Dale Wain<. c~
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASE No.o.s--I--o (0
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s): IOWA at ~tAf\ \vL~e t-
Mailing address: \~. ~fXAA~~~t1, \JM~Ck'~,t M. A- O?S~4--
Applicant's name(s):~/(~ 'rc! . '., . '. ,
Mailing address:~~O '/)1 () LI);{1f.()i/3d;<.~ )S;~f!J.&ytJ;(~ I}J~();:)& 7/
Locus address: C;~~ ()eJtNGe- ~1i'~ Assessor's Map/Parcel: S54. \ ,1'1-4. :L
Land Court Plan/Plan Book & Page/Plan File No.: llv'\ O<J Lot No.:
Date lot acqnired:j1r l!Wll- Deed Ref./Cert. OfTi~\(iM~ ~e Jtb Zoning District:~
Uses on Lot-Commercial: None_Yes (describe) . \I ~( lD(~(~S ~V\ fCl:'Y1~Y\~ ~lvf
Residential: Number of dwellings Duplex _ Apartments_Rental Rooms
Building Date(s): All pre-date 7/72? f... or
Building Permit Nos:
C of O(s)?
Previous Zoning Board Application Nos.:
Jt1~
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
(- (V2 G 1IOC'~OcP odkf2wciv IY~
I certi that the information contained herein is s bstantially complete and true to the best of my
knowledge, und~r the pains and penalties of perjury.
SIGNATURE: ~ ~ Applicant /' Attorney/Agent
(If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board)
FO ZBA 0 ICE USE
Application received on: W ~.\20 By: Complete: Need co~ .
Filed with Town Clerk: ~ l'if2~nint2J'&rr~ -BUilding Dept.:~ ~ ~ BalX{j
Fee deposited with TownCffeaMIrY':~-.-I_BY: Waiver requested?:_Granted:-.-I_/_
Hearing notice posted with Town Clerk: 0/i2t~ailed:.zjfiJ~&M:~./i!iJO(p& 2I{Q;~
Hearing(s) held on:-.-I-.-I_ Opened on:-.-I-.-I_ Continued to:-"-.-I_ Withdrawn?:-.-I-.-I_
DECISION DUE BY:-.-I-.-I_Made:-.-I-"_ Filed w/Town Clerk:_/-.-I_Mailed:_-.-I_
~-
DECISION APPEALED?:-.-I-.-I_ SUPERIOR COURT:
LAND COURT
Form 4/03/03
ADDENDUM
Applicant is seeking relief by Special Permit under Nantucket Zoning By-law Section
139-33A (alteration/expansion of a pre-existing nonconforming structure/use). Applicants
propose to alter the use of a structure that was constructed in 1901 as a garage. The
structure has been used for municipal purposes since 1961 when the Town purchased the
property. Applicant now proposes to convert the shop space to a conforming use within
the Residential-Old-Historic district, a single-family dwelling and an accessory
apartment. There would be no change in the footprint of the structure. The HDC has
approved the fenestration changes and new dormers to allow for second floor space that
would be sited so as to conform to the required setbacks and would be within the existing
footprint of the structure. There would be no increase of the ridge height under this
proposal other than what would be associated with the placement of a new foundation
under the structure which may result in an eight inch increase.
In addition, to the extent necessary, the Applicant is seeking relief by Special Permit
under Nantucket Zoning By-law Section 139-18 (Parking requirements) to waive the one
parking space required, or a finding that no such relief is necessary. The structure is
grandfathered as to the one required space for the shop use and one space is required for
the residential use.
The property is nonconforming as to ground cover with the structure having a ground
cover ratio of almost 100% in a district that allows a maximum ground cover ratio of
30% for undersized lots; as to setbacks with the structure being sited at zero feet from the
northwesterly and southeasterly side yard lot lines and southwesterly rear yard lot line, in
a district that requires a minimum side and rear yard setback of five feet; as to frontage
with the lot having about 30 feet of frontage on Orange Street in a district that requires a
minimum frontage of 50 feet; as to lot size with the lot containing just over 900 square
feet oflot size in a district that requires a minimum lot size of 5,000 square feet; as to
parking with there being no space historically provided on site since at least 1961; and as
to use.
The proposal is a Town of Nantucket project for adaptive reuse of a municipal structure
that is no longer needed for municipal shop purposes. The structure lies in a residential
neighborhood and conversion to a residential use would be in harmony with the general
purpose and intent of the Zoning By-law and would not be substantially more detrimental
to the neighborhood than the existing nonconforming use. It would be actually be a
benefit to the neighborhood and provide much needed affordable housing for members of
the community. The property would be leased for this development and funded through a
Community Development Block Grant for adaptive reuse of such properties (Housing
Development Support Program). The property would be deed restricted for affordable
housing.
Applicant is also seeking a fee waiver.
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ZONING CLASSIFICATION: ~,O~,
MIN. AREk , , ?~W . ?{, , .
MIN. FRONTAGE: . .~. .f( . .
FRONT YARD S.B.: .!? . f"f.'. . .
REAR II. SIDE S.B.: . '? . F:1: . .
\ GROUND COVER (7.): .~ ~ . .
EXISTING:
.~!~<}.~:I:-
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ONLY ORIGINALLY STAMPED AND
ENDORSED COPIES OF THIS PLAN
SHALL BE ACKNOWLEDGED BY
THE CERTIFYING LAND SURVEYOR.
. . . . . .. .
\1 II
:?~~:~:
65.4.1 -12?
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NIP
o.CA!..-L.-AHAN
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TO: . . 2?f'-'!~'f!:. .1-.~\f4-s~. . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . AND NO OTHERS.
I CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE
PREMISES SHOWN ARE LOCATED IN FLOOD HAZARD ZONE:
. . .C . . , DEUNEATED ON F.I.R.M. I COMMUNITY PANEL
NUMBER: 250230-00 . . J I. , . D, BY THE FEDERAL
EMERGENCY MANAGEMENT AGENCY. EFFECTIVE DATE OF
MAPS: JUNE 3, 1986 AND AS PERIODICALLY REVISED.
THIS INSPECTION PLAN WAS PREPARED FOR MORTGAGE PURPOSES
ONLY AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY,
THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERlY LINES.
FENCES, HEDGES DR ANY ANCILLARY STRUCTURES ON THE PREMISES.
THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS
OF RECORD.
THIS INSPECTION PLAN IS NOT A CERTIFlCATION AS TO THE TITLE OR
OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES
ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR
RECORDS.
THIS PLAN SHAll NOT BE USED FOR f>.N'( 01HER PURPOSE OTHER THAN
ITS INTENDED USE STATED ABOVE.
M@~ll@&@~
~[f\Jj@~[3(f;lJ~@lM ~[b&[f\Jj
Olfil
[t;;!]&~lJl)J]~[)({~i D ~&~~.
I
SCALE: r =fE2 DATE: 5EFr. ZZ, Zo:::l'3
Owner: .s.u.s.A.~ ' w.. .1.</i;-ATHRR.!--fY. . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
Deed/Cert.: 485.- 2'!3~.. Plan: I.~ Ilc?t? ' . . . .
T ax Map: ~t?,4-:1 :' 1~.[ Locus: I.p 7 P12f.~'e? .~~,tf
@Blackwell & Associates Inc.
C:\1OBS\HB\llPP
[NOT TO BE RECORDED I
BLACKWELL &- ASSOCIATES, Inc.
Professional Land SUnJeyors
6 Young's Way
Na,ntucket, Ma,ssa,chusetts 02554
FBK.:~11"'1I11/ Ie'> (508/228-9026 B- G/81
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CERTIFICATE NO: l{ 1113 DATE ISSUED: II ( I ! oS
-~'" Application to the HISTORIC DISTRICT COMMISSION, Nantucket, Massachusetts, for a
CERTIFICATE OF APPROPRIATENESS
for structural work.
All blanks must be f.illed in using BLUE OR BLACK INK (no pencil) or marked N/A.
OTE: It Is strongly recommended that the applicant be familiar with the HOC 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 HOC.
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
esoives 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 ofi~suance. No structure may differ from the approved application. Violation may impede issuance of Certificate of Occupancy.
,
" FOR OFFICE USE ONLY
PROPERTY DESCRIPTION Date application received: W( -:211 oc., Fee Paid: $ I2D
rAX MAP W SSe.\. \ PARCEL NO. 1Q. -;l. Must be acted on by: 12.119 10S
3treet & Number of Proposed Work: szA 0RANc"G c)IK~S-r Extended to: /'
J~er of re:~rd: JJ 1-\ ~ 'i)Ru?,,~1ISS i jJ L rl I ('J It)" ~P-!!11 n' D~p~~d
'A,aillng Address: ^JAiUl U L ",-I<- i rIOiA';//0 (en () r FlL(;
'?o "V,. .,,/- -:'I"( "\ A.);\Nl~CGk ~ T pi ~ o;2S''b ~ ~-, ~
Telephone: TJ 9. ' ()2c, L (on Island) (off island) ~=/- //' (0~
AGENT INFORMATlOt-l (If applicable) Member: , " ~
... { ^ ) C: il..- pM'<'&A)"-- , AC,')(\c Member:
.....-1- 'D f
Name:
Mailing Address: V. () . ,( ()-L 'J L\ <;. <t Notes- Comments - Restrictions - c~ntions ,('
NAil \-rlACi.<.."~ lAA lC>Y.2~,?,( . ,~Q.t 1c)7 I IOr,ii\ ()J.~
Telephone: -:rJ'i-C, 1 ") ,} (on island) (off Island) ce~~1l A V
, ,~ 'fC)(((' (^~J
.....
DESCRIPTION OF WQRK TO BE PERFORMED
See reverse for required documentation.
o New Dwelling t;i(Additlon 0 Garage' 0 Qarage/Apartment 0 Commercial 0 Historical Renollation, 0 Deck
DC.olor Change 0 Fence 0 Gate 0 Paving 0 Move Building 0 Demolition 0 Revisions to previous Cert.No.
~ther(pleasespecify) ^-DD j)okMta. (,
Size of Structure or Addition: Length: "'jl)" 2 .. ,Sq. Footage 1 st floor:
Width: "\ c) '. J .' Sq. footage 2nd floor:
Sq. footage '3rd floor:
Jifference b,,~tween existing grade and proposed finish grade: North (; .' Y.C South C" :v.: East
~eight of ridge above final finish grade: North .2 <-I '. q" ..' South :2 W'- cL.\ " East:2 Li '- ll"
~dditional Remarks;, \ '_REV~SI?~S'! 1, EastEi~valion
ilsloric:'Narne: '''-~!'''i4d''$~''''~)~''~2.~6't;t;;E1~~.fti~n
)riginal Date: 3. West EIEfva.tiO~
o Steps
o Shed
~\a
-C:;Ct..\
Decks:
I
Size:
Size:
o 1 st floor D2ndfloor
o 1 st floor 0 2nd floor'
West
West G "-v--
'::2 l ( '- ll, ,.
,c:~",~IJ~~~l::!!t-!.t;;>*~,.,..>
(,' k
)iiginal Buil<;ler:
_/
slhere an HOC s~orm fonhis building? 0 Yes. 0 No
4. North Elevation
--"...v-o l?0(2.l.tJ\.~ ,
,'~;f''T~';-:~.~~;~ ..":";i}~:::,~~"";-';'';:"~.'
'('<1711 Vot.ueE,.L
~D WO!1-1t.
A-vv 9-orZ.u-t~
.j
.qloud.on dr.awlngs a(ld subinlt photogf'll,ph$!of eXisthig,elavations.
Dl:TAU:: OFWOFlK TOBEW'EFlFORMl:[)
'oundatlon: Height Exposed . 0 Block 0 Block Par:ged 0 -Brick (type) ,
Aasonry Chimney: 0 -Block Parged 0 Brick (type) ,JIA 0 Other , . .".
~oof Pitch: Main Mass ~12~ SeCOndary' Mass--CJ12_ Dormer --CJ12_ Other
~oofing material: \&Asphalt Manufacturer \ \.Z ()
o Fiberglass Manufacturer
o Wood (Type: Red Cedar, White Cedar, Shakes, etc.)
IkyIi9hts(flatonly): Manufacturer A?/A Model No.
t>L-.. Manufacturer Model No.
.utters: 0 Wood (type) -r ,) ",\),., (vI '" y. ,'-.'f' 0 Aluminum
~aders ('Wterial and size): -r b M A, (~\ ,;;;::t.\ S>(".
idewall: 0 White cedar shlngles-_ 0 Clapboard (exposure:
o Other
rim: LUmber type 0 Pine
Treatment 0 Paint
Dimensions:
o Poured Concrete
o Piers
Fence: Helllht:
Length:
Type:
Size
Location
Location
o Copper
Size
inches)
Front only
DHedwood \:r Cedar 0 Other
DStaln-solid 0 Na~ralto weather 0 Clear 011 fi~!~h
Fascia"" Rake
Frieze I J Window Casinll L
Vfindows: !&Double Hung DCasement 0 All Wood I2JOther W ,
)Q True Divided L1ghts(muritins) .',' .P SDL'sj&jmula\edgiYided Lights)
r (""('ov,,KPAL,~
)oors (type and material): Front J , . . Rear
Garage Door(s): Type Material
mdscape materials: Driveways Walkways, I
~ote: Complete door and window schedules are required. '') E C C. () v G- (,(, Y f\ G l
1..2 ...
'Cornerboaids
c
, . ,Posts: R~und~ Square_
Side
Walls
dewall
im
3ck
~ttach manufacturer's color samples.
AJ;\ I
l,) \ I 11:-
COLORS
Clapboard (if applicable)
Sash i.v f- I I -rtF
Foundation ,N A -r
~~~:s ~n~1:~ t'-M'A?
Fence Shutters
,ereby authorize the agent named above to act on my behalf to make changes in the specific~'ons or the plans contained in this application in order to bring the
'plication into compliance with the HOC guidelines. I hereby agree to abide', bY, and comply ith t terms and conditions of this apPlicatio,n. I hereby agree that the
bmiss\p~ pf jBny r~i~ions t""thls ication will initiate a new sixty-day review Piriod. '
lte U l.{ r;J-..' I .1-( l Si nature of owner of record ,,------= .Siqned under Denallles of oeriurv
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58A ORANGE STREET: BUILDING HISTORY
The DPW garage at 58A Orange Street was built in 1901 by the Town of
Nantucket as a Fire Station or Engine House. Evidence of the origin of the
building can be found on Sanborn Insurance Company rnaps of the town. These
maps are uniform and detailed, providing information about the size of a
structure, its footprint, and sometimes windows and building material, noting
those buildings considered particularly susceptible to fire, like workshops and
restaurants, and paying particular attention to the location of fire departments
and engine houses. Nantucket was first documented by the Sanborn Co. in
1887. Subsequent maps were issued in 1892. 1898, 1904, 1909, and 1923, the
latter one updated in 1949. As depicted on the 1898 map there were two small
one- story structures at the location of 58A Orange Street; in 1904 these
structures had been replaced by a larger one-story structure labeled "Fire
Station. "
The Statement of the Receipts and Expenditures of Nantucket Town and County
. .. for the Year Ending December 31, 1901 includes a report of the town
Firewards that verifies the construction date of the Orange Street building: "owing
to the limited appropriation made at the last annual meeting for our department, it
became necessary to call for an extra appropriation of $1,000 for the erection of
a new and commodious engine house on Orange Street. . ."
The footprint of the Fire Station building remains the same on all subsequent
Sanborn maps. In 1909 the building, labeled "Fire Dept.," housed the Niagara
Engine No.2, Hook & Ladder Truck No.2. Hose No.5. 1 Hand Engine. 2 Hose
Carts. 1 Hook & Ladder Truck. and 1000 feet of Hose. In 1923 Steamer No.1,
Hook & Ladder No.2, and Hose No.5 were kept in the building on Orange
Street. The town built a new Fire Station on South Water Street in 1929, and
purchased gas-powered fire trucks in the second decade of the twentieth
century; the building on Orange Street was then used to store older equipment,
and by 1949 was home to one hand-wagon and Hose No.2.
The Town of Nantucket built the structure at 58A Orange Street on leased land;
sixty years later, in 1961, the Town purchased from the estate of Marie S. Platt
"the land on which the building owned by the Grantees and used by the Highway
Department, sits and being shown on a Plan of Josiah Barrett, Eng.. dated
November 6, 1961. . ." The particular uses of the building in the late twentieth-
century are not known, although it has most recently been the site of the sign-
painting operation of the Department of Public Works.
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Page 1 or 1.
Linda Williams
From: Tracy Murray
Sent: Friday, June 23,2006 8:23 AM
To: Linda Williams
Cc: 'Alice Boyd'; Libby Gibson
Subject: RE: Urgent Orange Street ZBA application issue
Linda,
Pis consider this emaH as authorization to change the Town's application as noted below by Friday June
23rd to meet advertising deadlines. Thank you.
Tracy
-----Original Message-----
From: Alice Boyd [mailto:aboyd@baileyboyd.com]
Sent: Thursday, June 22,2006 5:26 PM
To: Libby Gibson; Tracy Murray
Cc: Linda Williams
Subject: Urgent Orange Street ZBA application issue
Importance: High
Libby and Tracy:
I would like to see the Town of Nantucket application to the ZBA for the above-mentioned project be
amended to have my name appear in lieu of the Nantucket Housing Office as the representative for
the upcoming hearing.
The following are my reasons:
1) The Nantucket Housing Office has not yet bid to be the developer of this project, thus it is
inappropriate that they are the entity appearing on the ZBA notice.
2) As the author of the grant, I am in a position to intelligently represent the project and will do
so on a pro bona basis.
3) As you may be aware, NHO is in some turmoil at this time and the Board is deadlocked as to
whether they should bid on this project. They are also deadlocked on potential design
changes to this project that will hold up the ZBA meeting.
4) Any delay in going in front of the ZBA would inevitably delay the project. DHCD is adamant
that all projects are completed in a timely fashion and penalizes towns that do not comply.
Delaying this hearing could have an adverse impact on future funding for Nantucket. With a
few large projects in the wings, I believe that it is in the Town's best interest to move this
along.
Please understand that there is considerable turmoil at NHO, and that any decision that you make
may offend one of the parties. While I am committed to working with this group, my first concern is
6/30/2006
Page 2 01'2
for the Town. I believe that I can move this project forward in a fair and equitable manner.
Linda Williams would need your authorization to change the Town's application by Friday June 23rd
so that she can meet advertising deadlines.
Thank you for your consideration. I am available on my cell phone at any time to answer your
questions.
Best.
Alice Boyd
Bailey Boyd Associates
\\ \\\\.hailt.~ hoyd.rom
~IIS -1311--1.1'>')
6/30/2006
/~
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NP&EDC
NANTUOCET PlANNING AND ECONOMIC OEVELOI'MENT COMMISSION
November 15, 2005
Jane Wallis Gumble, Director
Department of Housing and Community Development
100 Cambridge Street, Suite 300
Boston, MA 02114
Dear Ms. Wallis-Gumble,
I am writing to urge your approval of a creative application by the Town of Nantucket for
Housing Development Support Program funds. The application was developed by the
Nantucket Housing Office and Bailey Boyd Associates. The requested funds would be
used for the adaptive reuse of a Town-owned garage structure at 58 Orange Street. The
garage structure would be converted from its current use as a sign-painting shop into two
units of affordable housing. .
The project is a model for innovation and is especially impressive given its proposed
location in the historic core neighborhood of Nantucket. The project submitted to you
utilizes a parcel of publicly-owned land and an existing structure to create housing
opportunities within walking distance of the downtown area of Nantucket. The downtown
area contains traditional commercial, institutional, and transportation facilities.
Integrating and retaining affordable housing in this neighborhood is entirely consistent
with the smart-growth principles of the State and local planning efforts. The island faces
many constraints to the development of affordable housing such as rapidly escalating real
estate costs, a situation that is found in this well-located neighborhood. This project
would overcome this barrier by efficiently using an underutilized resource.
The creation and retention of affordable housing on Nantucket has been a long-term goal
of the Nantucket Planning and Economic Development Commission (NP&EDC), the
Nantucket Planning Board and the entire community. Recently, development of
additional affordable housing has been a consistent topic at community master planning
forums.
I reiterate my support for this application and hope that you will look favorably upon it.
Sincerely,
Ana~p
Director of Planning
1 EAST CHESTNUT ST. NANTUCKET, MA 02554
(508) 228-7237
o recycled paper
JUH-27-06 04:14 PM BAILEY BOYD
:S08 430 4498
P.01
"'-
eONlMONWIAl.Tt4 Of' NlAStACHUSETTC
MASSACHUSETTS SENATE
STATE HOUSE, e08TON 02'U.10&3
SENATOR ROBE..,. A. O"LEAMY
CAPE. IllNO IILANO ClSTIIICT
.TIII" HOU.. AOONl .1OA
TI\.. (e,." 722.1570
"A.. ..", '22.1271
(QTIIICT 0f'PtC~ (1108) 7~
E-U.d: "'0I..'v.......,...,.1..",..".
COMMITTEES,
HIDHU'I EtlUCJI(fION, I eMA'" I
HCIUSINCI. McI (>WOO)
IEI.DII' A,PAIlS
~..,.. ....nAU AUOUOlC"
IoHD AGIICVLTUOtI
Ra..,e_
October 27, 2005
Jane Gumble, Director
Department of Housing and Community Development
100 Cambridge Street, Suite 300
Boston, MA 02114
Dear Ms. Gumble:
I am writing in support of the Town ofNantuckct's application for funding from
the Housing Development Support Program application. The funds would be for the
adaptive reuse of the Orange Street Garage, converting a small garaae structure in our
Residential Old Historic District (ROH) into two apartments. The strUcture is served by
_ town water, town sewer and public transportation.
The need for affordable rental housing is a top priority for the town of Nantucket.
With median home prices over SI,OOO,OOO and affordable rentals scarce to non-existent,
every housing initiative is critical.
Thank you for you time and consideration. If 1 can be of further assistance in this
or any other matter please do not hesitate to contact me.
ROBERT A. O'LEARY
State Senator
Cape & Islands District
cj: Leeara Zota, Nantucket Housing Office
-
O;!!J
JUH-27-06 04:15 PM BAILEY BOYD
508 430 4498
P.02
.-
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HOUSE OF REPAESENTATIVES
STATE HOUSE. BOSTON 02133-1054
ERIC T, TURKINGTON
STATE REPRESENTA"rIVE
BARNSTABLE. DUKES 8
NANTUCKET DISTRICT
CHAIRMAN
~t~. 0" TClI./f'I$rn. At"
end Cull"".. [)evelnpmenl
AQUINNAIo4. CIo4ILMARK, IiDGAATOWN
FA~MOUTH. GO. NOLO
N.4\NTVCKfT, OAIC BLUFFS. TlaaUJIV
" WEST TISIIURV
"OOM 1~. ST...,.E ~OUS:E
nL. le171 722.2015
FAX 1"'71 722-21eo
E-Men: Rep.ErIcT....kln\Jlon.hou..'.........us
Novemb~r 3, 2005
Jane Gumble, Direaor
Dcpartment of Housing and Community Development
100 Cambridge Street, Suite 300
Boston. MA 02114
-
,. ......... \ ~'" .,,/
Dear M$. Gu~le, ~, r ':
I am writing in wpport ofan application by tbeTown ofNiIJltUCb:t for Housing
Development Suppcm Program fUDds. The leek of affordable housing has reached crisis level for
the town ofNantuckct. With median home prices OYer $1,000,000 Nantuckct'.low. low-to-
moderate, and even mJddle income families are priced out oCthe bomcownersbip market. On the
rental side, with average prices of MSvertiJcd residential rentals over $2,000 per month. islanders
ue fmding it increasingly difficult to atTord monthly rental payment,. Thil creates a situation
where every housing initiative is vital.
I ask that you please: support the Town of Nantuclcet's Housing Development Support
Program application. The funds would be for the adaptive J'CUIe. convening. small garage
structure in the Residential Old Historic Diatrict (ROll) into two apartment.. The structure is
served by Town water, town sewer and public transportation. It is a prime example or"smart
i1'owth."
For your information I have enclosed a copy oCme project proposal. 1 thank you for your
aUention to this matter. If I can be of further assistancc, please do not hesitate to contact me.
Sincerely,
! )' . ."
.... . ..~. .
.:,.~' ..'
-
ERIC T. TURKINGTON
Slale Representative
Barnstable, Dukes
&. Nanrockel District
Chair, Tourism Am & Cultural Development
JUH-27-06 04:17 PM BAILEY BOYD
:508 430 4498
P.08
-
CI
11
n
Community
Preservation
Commi ttee
16 Broad Street
Nantucket, MA 02554
(508) 325-6682
October 30. 2005
Jane Gumble. Director
Department of Housing and Community Development
tOO Cambridge Street, Suite 300
Boston, MA 02114
Dear Ms. Gumble:
1 am writing to you on behalf of the Nantucket Community Preservation Committee to voice our support
for the application by the Town of Nantucket for Housing Development Support Program funds for the
adaptive reuse of the Orange Street Garagc. This project would take a small garage strUCture in 8
Residential Old Historic District (ROH) and convert it into two apartments. The structure is served by
Town water and town sewer. It is indeed a "Smart Growth" project.
'-
The Nantucket Community Prc:scrvatiou Committee has been an important advocate of and sponsor of
affordable housing initiatives on the island and bas worked elosely with the Town and the Nantucket
Housing Officc in the past.
I strongly urge you to support this grant application.
c: Nantucket Housing Office
Board 0 f Sel~ctmen
Nantucket Planning & Economic Development Commission
-
JUH-27-06 04:17 PM BAILEY BOYD
508 430 44'38
P.07
Susln E. Robinson
Cleric" AlsislQIIl TnQSllnr Dear Ms. Gumble:
Karen 1(. BOfChen
William S. Brenizer
!Wen K. Clark
William N- Cluzier. Jr.
IItIiIip B. Day
...... 1IIrIcs H. Dcaabana
ChrisUae DcaebIt
W.se QIeeQe
Jean Haffalrdrct
Prof. Donald R_F. HartemM
Mary Heller
CIwIeI A. KiJven rn
PelerMtCMlu.r.d
Eilcat P. NcGndI
SuunDe MaeDer
Pia G. Murphy
BNCCW. PaTy
SURD R. Shapiro
Carl H. SjoIund
Lal'$ O. SodefhoerJ
Pcu:r WlUOU5
-
Board of Directors
Lany Breakiron
Prrsid,,1I
hul A, Bmncu
Vj~ ""silklll
William WilleI
Vie. ","*'"
HOYiard N, Blilmaft
T rctuMrr r
Hooorary Director
Prof. William A. HUlCe
Sian-
Connx Collier
E1.tC'Uliw: Dir<<Ior
Lynn ZimmemWt
As.tQciolt UKl/l;W: DincfO'
F.mily L. Moldc-n
R",s(lflr'(Y COIts,'rvaliolli.cl
___"i~" H31.c1l
..Jtmbt-nltip C dQrJinol'!'
Linda S, Holland
f),,,,/t)flllk't1/ Di"clor
@
Nantucket Land Council, Inc.
Six Ash Lint"
Post Office Box )02
Nantucket, MassaChUSC'llS 02554
-
508 228- 2li 1 R
Fax S08 2~-64 56
nlcOnantuckCI,net
www.nanLucketlandc.-ouncil.org
November I, 200S
Ms. Jane Gumble, Director
Department of Housing " Community Development
100 Cambridge Street. Suite 300
Boston. MA 02114
The Nantucket Land Council Inc. is a aonproflt environmental advOOlCY
group with over 1800 membert. IUD writios in IUppoIt of tile Town of
Nantucket 0, appIicatioIl to the Hcumw DeftIopmc:nt Support Prosram for
funding for the adapCivo reuse ora small T~ prase tttue;ture. The
structure is currently naded amona older raideotiaJ dwellinp in . bistoric
neighborhood that ia walking di&tanee &om tbe main toWn area. It il serviced
by both Town water and sewer. and il a wile \lie of infill development.
NantucIcet has been working very agraaiveIy OYer the pat few years to
develop aD inveatory oCpermaneat1y prac.ected affordable bousiDa that is
aeating bouIina unitt wiahout Idwnely affecting our open Ip&eeS or our sole
IOUI'CO aquifer. This proposal will contribute to thil effort. Please support this
grant application.
G:
Planning . Protecling . Pre~rving
JUH-27-06 04:15 PM BAILEY BOYD
508 430 4498
p.03
'-
"
Nantucket 1sland Chamber of Commerce www.nantucketchamber.org
AS Main Street . Nantucket, Moucc;huroGtts 0255.4-3595 · 508.228-1700 · FAX: 508-325-4925
October 27, 2005
Jane Gumble, Director
Department or Housing and Community Development
100 Cambridge Street, Suite 300
Boston. MA 02114
Dear Ms. Gumble:
Please accept this as a letter ofsupport for an application by the Town of Nantucket for
Housing Development Support Program funds for the adaptive reuse of a town owned
garage which would create two new affordable rentals.
_ The need for affordable housing and rental units continues to be one of the most critical
issues facing our island community. With average advertised rental prices well over
$2,000, island households arc fInding it difficult to afford housing. The Town, as well as
a variety of other island organizations, has made housing a top priority.
Not only will this project create new rentals, it is creating housing in an area well
serviced by infrastructure (town water, town sewer, bus route, ctc). I urge you to suppon
this Housing Development Support Program grant application.
Sincerely,
.~/~ ~
,:>tracy Bak~, Executi\'c Director
Nantucket Island Chamber of Commerce
--
TO PRESERVE NANTUCKET, ITS TRADITIONS.. AND ITS PROSPERITY
JUH-27-06 04:16 PM
. ._~ ...... V~ uo; "'~p
BAILEY BOYD
ntlde
508 430 4498
lS08)228-79S1
'-
N
W*E
Sustain,ble Sovcmber 3, 200S
Nantucket
P.O.blZ44
NMltudctt, MA 02S54
T 50uzum
f 501.221.7961
-".~n1Udt....OI'9
~~ntlO"-Of'
Ms. Jane Ownble, Director
Depmtmau ofHousiDC and Community DeYeloprnent
100 c.mbridse S1Jeot
Boston. MA 02114
Dear Ms. Gumble.
.....
Ia.ard ..~
Wendy M. HIlCborI
(~
Wide Cirftrle
lib Olairft'IM
I am writina in support of an application for Housins
Development Support Propam funds for the "Idaph\'e re-use" of
a town owar.d pnge to be convened into two amall apartments
for use IS affordable rauals. The Town ofNantudtet bas been
nOlable in its effortS to provide opportunities on town land and
ttvOU&h its VIlious properties for bousing initiatives.
Not only wiD thia proj= 8dcl two more much needed uuits to our
affordable reatal illVCDtOly. but it is c:oasistent with other
iJnportlol GOIIUIIunity pis U uticuIated in our Comprebcmive
ComllNllity PIn. n. property is loaatcd in our Old Historic
Distrid and wiD f'ulfiU the aoaI oC"ill-fiU- deYeIopmcnt within an
established neighborhood and within walkina distance to all
lICf\'ic::es. Illldditiol\ the property is ~ by town water and
sewer. It couldn't be anon: perfectly suited for this purpose.
The Nancucket Housiq Ofrlte IIU been co11aborllins with the
Town ofNI&1tlUet 10 aarcsaivc1y implement our HOUling "dion
Plan and to UK Cosman growIh" priDciplcs in the process.
We strongly urge you to support this srant application
-
'I1trry ~
TrrMUtW
~JIy o,.rpic
~
I'i.rr. Crosby
M~ ICopIco
Btth Ann Mcdwn
~ Murphv
A1N~
~ryNolluimo
SuM" 0'1"-"
[~rd I, Tuct't
Alvin S. Toptwm
~ur.w~
ChtiJ1ine I. S1Mm.;n
("(\1M O#~r
I(eny ~ F"""
'_ 1Iftlgr.1om AdIrWIiICrnur
P.04
,.2,
JUH-27-06 04:16 PM BAILEY BOYD
__"""".....w' '0"
508 430 4498
~IANI.1C t:AST R E
P.05
PAGE in
A tlanticEastRealEsta te
. Wi.lIUIIN r... -NaftlurMt, MA 02554 T: -~7707 f; 5Of-22I-77'IO
w-..tI.mI'ct..t~.COIII
-
November I, 2005
lUle Oumble, Director
Departmcn( or HOUIiaI and CommUDity Ccvtlopmeat
tOO CambricIae SII'COt, Suite 300
Botton, MA 02114
Dear MI. Gumhlc:
1 am writiq to IXpmIstronalUppOrt for the appIicatioa by the Town ofNllrtUCkct for
Housiq Development Support Proamn Funds for tbc Idapti\lC lWJC oftbe Otqc Street
0.... This project woukl.. .1IDaI1....1InIctunI in . RuicleDdaJ 0lcI Historic
District (ltOH) aDd cao.wd it iDID two IpII1IDCDtS. Cae oftbc mosIlIlCUlc bousina aecdI
is for ..n IINcturet which can .~od_ aoc or two people on . year-round buis.
The ItnIchn is acrved by TOWD w.- ad rowa.... fa Id4itioa. this projcd provides
- 1ft opportuDity lOr two ho-~~.,. units ill toWD. which it .... to the iDfruU1actute ofw
bib pathI and th.e Nutuc:bt I.epma! Trasit AaIbority (NRT A) but ayaem. II i. indeed
. IISm.-t Growth- projcd.
As . real estate broker 011 NIIWckd for the put 20 )WIll hive ~ firtt hand
the lInIgle for ,.opt. who are seckinllCQIIC, ufe and atahle ,.--rouncI housinl. The
ra' -.te c:ommutlity aupportIlft'ord*Ie bouaiDa initiatives Iftd bas worked dosdy
with the NmNdtd HOUIiq Office ill the put.
I strona11 uqc you to IRlpport Ibis pant application.
--.'
JUH-27-06 04:16 PM BAILEY BOYD
508 430 4498
P.06
--
Wb~
HABITAT
I-O.t'
H u ........ ^ N J--.--v
--------
.-. NANTl.JC.KFT
November 2, 2005
Jane Oumblc, Director
Department of Housing and Community Development
100 Cambridge Street. Suite 300
Boston, MA 02114
Dear Ms. Gumblc:
Habitat for Humanity Nantucket is very aware of the acute housing shortage on
Nantucket. The entire community needs to be invoJved in addressing solutions.
-
The application by the Town of Nantucket for 21 Housing Development Support Program
(HDSP) grant is a prime example of how to address the housing situation with
imaginative solutions. These funds will be part of the adaptive reuse of the Orange Street
Garage. This project would take a small garage stn1Cture in a Residential Old Historic
District (ROM) and convert it into two apartments. The structure is served by Town water
and town sewer. 11 is within walking distance from the town's downtown area and is
located In a quiet residential neighborhood. It is an ideal site for community housing.
Nantucket may have the reputation of an abwtdantly wealthy community, but its
attractiveness as a reson has played havoc with real estate prices. causing a critical
displacement of working people with average or below average incomes. Programs such
as HDSP can make a real difference in helping to retain working families, who arc
essential for any thriving, diverse community.
Please support this grant application.
SaidtJU(,te~
Christoph K. Lohmann
President
-
JUH-27-06 04:18 PM BAILEY BOYD
S08 430 44'38
P.09
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NANr]'!.l( ~KE1' PRESFR\/.;\"] ]I._i"< -rRUST'
Cdibr.l/in.~ NUllfudNl '$ At'ChiTc:fll/f(lll 1.-:',:..'-':'
BoL1t'J 1.lf Di'."r.!l)T~
GnH..i~ l i. kJ\ ~:;"I;ln
C~uir",~" .
K,r.~M.th':"' T. ~.1nrim""ft
November I, 2005
r'..,.,,;J~...:
Ca,.~!in" F.:~':I
\.i,-,' /.....;....'1
John S"..~~
~.rl."'ler,'..
N r.ncy for..,,,!,
.If 4' rei ,,.-y
tiArrh f.. :';H~\l'
I 'lotio;"''',,,!
Jane Gumble, Director
Department of Housing and Community Development
100 Cambridge Street, Suite 300
Boston, MA 021 J 4
Dear Ms. Gumble:
:\t.t~ ~. "y<t~.
Su...."St".."i.,,"\I\
Eli., 1 ti:.torh'.oII,1 Cllnnj",h~,..
(:~ri.:""Ib'1 L. n.,]rn~..
Su-..\n Zi.,,'j Gn..r.
i.:.,,)' H,:k--~,,,,,....
I\,i\;...~ O. H...i:I...,1
"r ",d );~nJ,1I
,: ~'I"l!"r~
m. i) J. l.coh'
Chri'lop1\~ ~,'''rIUllfl
A,,11 ~"...:"IU'"
l~'ma." I'f"I')
[:\I;I-:.tf StlllW
The Nantucket Preservation Trust would like to express our
support for the adaptive reuse of the Orange Street Garage
proposed in the Town ofNantuckct's Housing Development
Support Program application. This project would take a small
garage s1rUCture in a Residential Old Historic District (ROH) and
convert it into two apartments. It is consistent with our
organization's mission ofprescrving existing building stock.
I:<~ 1k'~I.~~
~ ,",h..J C. Cr."""
C.lh",,,. ;\, (;",t",d. Ph, D,
S.dr. Ho~h"J
A"h.., W, HulC'''' II\, 1;.."
. ..!:lr~ 8.,,,.:..11 a;"fJ;"
.I""ft! \.aw",.~,.'
The Nantucket Preservation Trust as an island-based organization
understands the importance of affordable housing and welcomes
initiatives that retain the historic fabric of our community.
A4viwrs
Sincerely.
(:I~ri:.~ "("f"h"
E.~CCUI it:,' Oiri',-lur
~
Patricia Butler
Director of Educational Programs
, ~~,
-
P.,,;.' Jo SIT"';' 10;'...
..\~rw,1 F. ':I~f,...~
hJ"~ ~. Wel.h
P....l';,.~:1 ~".Io
AJrr.i.,i~:".I''''-
.1'.....1 \ l:,::/"._'i.~,:
,-
:.\'.~. ~ rl'.:t'l\ \,7,:rt:t"f. N,II\~I.I\'~.i", 1$I:!nJ' !\.~:;!'~:l:-\,,,~..!t,, · /l~:',,~ · :,..(\, :~".! ,R? . ;:". 'i,:.i..::.~ !O',
, ,
,t~.;" h: .I~.IJ~I t~l.'h'l'~ ;J.- ~ ,".;,"'~.;h h"I.It...~
. . ............- ..._- - -..... -. ...... .-...... .-.....--
JUH-27-06 04:19 PM BAILEY BOYD
'508 430 4498
P. 1 1
"-
elder
servICes
0' C.PC Cod .nd Iltl! IIllndt
October 27. 2005
Ms. Jane Gumble, Director
Department of Housing and Community Development
100 Cambridge Street; Suite 300
Boston, MA 02114
Dear Ms. Gumble:
As Director of ServIces of the Nantucket Office or Elder Services of Cape Cod and the
Islands, I would like to add support to the application by the Town of Nantuckct for a
Housing Development Support Program grant.
-
The: funds requested would be: a part of tile adaptive re-USC of the Town's garage: on
Orange Street The project would take the small struclure in B Residential Old Historic
District (ROH) and convert it into two apartments. The building is served by Town water
and sewer and is situated among quality residences in a quiet Jl\:ighborhood within
walking distance of Nantucket's downtown area.
There is a great need for atTordable rental housing on Nantucket. and I respectfully
request that you support the Town's application for this 8fIIlt.
Sincerely.
~A~
Sheri A. Hunt
Director of Services
access / service / advocacy
1 H Orange Street, Nantucket, MA 02554 ph: 508.228.4647 fx: 508.325.0499 www.tsCCI.Ofg
JUH-27-06 04:19 PM BAILEY BOYD
508 430 4498
P. 12
Pacinc National
A lank 01 AIMIU ComllaIlY
Joel p, Brown
Regional President
-
November 2, 2005
Jane Gumblc, Director
Department of Housing and Community Development
100 Cambridge Street, Suite 300
Boston, MA 02114
Dear Ms. Gltl'llbJe:
As an orguni~ation intimately involved in hon~.()wnership and also as an employer on the
island who sees the needs ofstllff, Pacific National Bank is well llware of the housing
crisis facing our community. Not only are home ownership opportUnities oUl of reach for
low, low.to-modcrate. and even midd)c income islanders. affordable rentals are few to
non-exiSlent. The Nantucket Hou.4;ing Office is working to make a difference, and we
would like to add our support to thdr current effort, an adaptive reuse projecllhat takes
an old town owned, garage structUre and creates twO new affordable rental npnrttnenlloi.
',,-,
Not only will this project create new rentals, it is creating housing in an Brea well
serviced by infrastruCture (town water, town sewer, bus route, etc).
We urge you to support this Housing Development Support Program grant application.
SinCaf
Joel . .
Regional Prc!\ident
'-
61 Main S1reet, NantUCket, MA 02554
Telephone (508) 325-9500 FecsimiIe (508) 228-6859
JUH-27-06 04:20 PM BAILEY BOYD
11/0T/ZOOS 10:08 FAl 501311131.
:508 430 4498
P. 13
ICIUUl
"-
8
NANTUCKET PUBUC SCHOOLS
10 SVRFS'oe ROAO
NANT\JCI<ET. ~SETTS 02554
(508) 228-7285
,508) 3&5318 Fu
ALAN B. MYERS
8UPiJIllfllT!"'~
ROBERT W. PELlICONE. Ed,O.
DEP\ITY SUPERlNTEMDENT
November 7.2005
Jane Oumble. DireCtor
DqJartn\eftI of Housing ad community D:vdopment
100 Cambridge Sueet. Sui. 300
Boston. MA OZ114
Dear Ms. Gumble:
--.
1 am wriuna on bcba1f of the }Umuc::1a:l Public Schoob to voic:c our 1UOn& IUpport for the
HouIiIlI ))evel~. Suppon Project by ~ Town ofN~. 'The fuDdI would be
for the Idaptivc reuse of the 0nDp Streei GaftF. c:anw:rtinJ. unall prap stnIdure in
our llaicknti1l Old IBtcOrie DiIU'itt (ROB) into twO apertnumlS. The st;nJdUJ'e is suvcd
by &own WIlCI'. IOWn sewer. md out NiI11tUCbt aqpoaal TmnaporwiOO Authority.
The need for aff~le taltal bouIilllls . top priarity for d\e Town of NantuCket- tl "
important that BXiltina hcJusing stoek remain affordable.
, hope that you will tupport this projeCt.
Sinccrc1y.
~~
John D. McFarland
Facilities Manalcr
_ .'" misSion 0{ w Ncmrwcker PwbIic SdIooIs it to ,.. J&Vd,ena in a P<<JWS of ~ and ~ ~ athWcutl WiT
1O\Ique srrcncdu and CCIltnu. 1DUtJ dtrir ~ ~ 1IofJ!.ds. ond promD~ socidl ~.
AN EQUAL QPPORTUNITY e.1PlOYER
JUH-27-06 04:20 PM BAILEY BOYD
!!,a"~a~ ~:~~ ~~~~~a~;o
:l08 430 4498
~ I'1lJ.b!Nb ~IHUK1Y
P.14
~~ In
Mlaeomet
VOJa,e
'"'" .
"
Nantucket HOUlIIlll Authorlt)t
INCOtU'OMTaD "..
3 MANTA DRlVe NAHTlICKET: MASSACHUSETTS 02iM 5Q8.228-0298 VOaITTY
Now:mher 7, 2005
JIDe o..ble, DIredor
~ ofHouaiq _ CoauDuDi'Y Developmcat
100 CImbridF Stn:ct. Sui. 300
BoItDa. MA 0211'
Dear MI. 0UmbIe:
Tbe N.-MOJr.. HouIIDa Autbority wouW liD tit aM our IUppGIt tit Ibe appU" by tbt
Towa anr-....... tor IIIDaIIIw Dft~ Iuppad Prapm.... l'beIe limdI will
be.-rt Dfkldllpdve __ of tile Orup SUIelCllmpa TlUpNjed wouW1Ib ·
1IIIaIl.... stn:M:ture taall-""''' Old HIIIDdo DiID=t (R01f).& ClOIMrt It into
two...... l'he1tnGtlR II....." Towa___ IOwa ..... B iI WIDdD&
~ hili thetoWD'. dowDtowD... Naded _1IiP 1IId~.... ill,
_ rat.... ~ it 11m idc:aIlocdaa for ICItIlancIIftI al'ordahJe....
"-
The NllllUekctllDuliDa A\6orit;y is well ... oto.ls1mcS'. haum& criIiJ. ,....
IUppOIl dlIa anat .ppIk-Idoa
~
~1iJ
III
JUH-27-06 04:18 PM BAILEY BOYD
""'" I \J \I" \,I,......
508 430 4498 P.l0
508-22&4915 p.2
cM-u ~(
-
Steve Deader 73 Onn_ Street N..tucbt ~.chu.etb 02~
NO'JeInbc114.200S
Jane Oumbl~. DiKdor .
l)(pI11haent of'Hou8ins and Communlty.Devclopmmt. '
100 CambriC,o Street. Suite 300
. Bos1On. MA 0211 ~
. ,
Dear Ms: Q1anblc:
At . Ddlbbor ot the 58A OnIap:Street ldaptiw:reuic prc-jeel, my family .net I woukl
Uke to voice our CbIIlpletc npport. W.~iBt IbM aftbcdable ho\Idnc is III essential
need 011 dti. ~ In fKt. wheD we bo\I8bI bKk ill 1he 1970.1, d1is MCdon ofOranle
Streit wu elfotdabJe. DOt die patr:l&d.1DU1IHDi11foD dollar aria it it ~ow. While more
Dfiabbon ia aeDlft1."t eDd!Y oar fkIt cba!ce. we wIIolehuNd1)' ~ yeer-
roUiDd, ~kiIIa isIaadcn .. adV"'-'s.1Dd lOok bwul to dill project!s ~mpleUon.
. .
: !IrOftIly urae )'0'010 su.ppon 1biI pat 1pIII~
Sin~.
s~er
-
r",,( U::1 UO IV. ILl!:!
~~/~~f2~e6 89:54
5eS22S721a
::>LR5-'::LO-,+::J1 ::>
NANTUCKET ASSESSOR
p.i
PAGE m
Town of Nantucket
Z07'<1NG BQARD OF APPEALS.
,. 0
RECE\VE ESSORS
BOft.RO OF ASS .' .
FES 0 7 2006 .
TOWN OF .
,NANTUCKET, MA
LIST OF PAATtES IN OOEREST tN THE MAiTER OF mE PETITION OF
PR~PER-iv.DWljtR.';fre~~~~~a:~'. "I"iI~Jj1-4-
MA,l,..INO ADO~SS... ". .......... II .,,,.., "........ ,..... ,,~.......,',...... ,~f..:M.;r ~~'
PROPERTY LdCAT10N.,%.~.e.."O~~N,~~.$'~...,.. ......,
A SSESSDRS M~:::~~~.?~ ~...t:2:~" ......... ,..
A P Pl.ICANT 'f' r-" , .. .. ..... "" .. . . .. .. . , .. . " , .. ,~'\ \: ' '.. ,. . . .. .... . .. , .., . .. '.. .. . '" . .. . .
u.-tt~~ ~~~ 5D1f-)')~-442S)
SEE ATIACHED PAGES
t ccnify that th~ ror~Bo~g i~ a li~\ ofp~uons wac, lle Qwncn orloul'Hnz propeny, OWncl'$ or
Ill\C direclJw ClPl'osit~ on LIlY pl;bllc or privale !trtct or WIY; and &bu~en or Ll\e &butten and 'II
olnt.r land Qwners within 300 feet oftM.IHCpCI"t)' line cf owner' ~ ;>roP~rty, all u they II'P~U on
the mOH reccnllpplictbte lax li.sl (M.O.L. e. l\OA, Seetion 1 \ Zoning COOl: Chapter 139.
Sc:c!ioll 139.290 (2) -
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OA T'E .
ASSESSOR.'S OFFiCE
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NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASE NO.rJJ/ -[) 0
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s): SQuam Head LLC
Mailing address: Suite 203. 11450 SE Dixie Highwav. Hobe Sound. FL
Applicant's name(s): same
Mailing address:
Locus address: 73 Squam Road. Unit 2 Assessor's Map/Parcel: 0013-011
Land Court Plan/Plan Book & Page/Plan File No.: LC 14902-J Lot No.: 6
Date lot acquired: 4/18/06 Deed Ref.lCert. of Title: U-42020 Zoning District: LUG-I
Uses on Lot - Commercial: None X
Yes ( describe)
Residential: Number of dwellings 2
Duplex_ Apartments_Rental Rooms_
C of O(s)?
Building Date(s): All pre-date 7/72?
X
or
Building Permit Nos:
Previous Zoning Board Application Nos.: 54-05
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
See attached.
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I certify that the information containe herein is substantially complete and true to the best of my
knowledge, under the pains and pena ies of perjury. /
SIGNATURE: Applicant Attorney/Agent
(If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board)
FOR ZBA O~FICE USE
Application received on:10 f'/:!G;:ny: ( -6? 2l J Complete: Need copies?: i
Filed with Town Clerk: 10 L ~anning B031 d: --'--' _ -BniIding Dept.' --' --' S ~
Fee deposited with Town Treasurer:_/-/-By: Waiver requested?:_Granted:_/-'-
Hearing notice posted with Town Clerk:--' --' _ Mailed:--' --' _1&M:1Li 200h& 2wC2i;?
Hearing(s) held on:----1_/- Opened on:-'_/_ Continued to:-'----1_ Withdrawn?:-'-'_
DECISION DUE BY:----1----1- Made:-'-'_ Filed w/Town Clerk:----1_/_ Mailed:-'-'_
DECISION APPEALED?:_/-/- SUPERIOR COURT: LAND COURT Form 4/03/03
GLlDDEN & GLIDDEN. P.C.
AlTORNEYS AT LAW
P. O. BoX 1079
37 CENTRE STREET
NANTUCKET, MASSACHUSETTS 02554
JAMES K. GLIDDEN
RICHARD J. GLIDDEN
JESSIE M. GLIDDEN
50S-22S..Q77 1
FAX 508-228-6205
GLlDATIY@NANTUCKET.NET
31 May 2006
HAND DELIVERY
Marcus Silverstein
Zoning Enforcement Officer
37 Washington Street
Nantucket, MA 02554
RE: Squam Head LLC, Map 13 Parcel 11
73 Sauam Road
Dear Marcus:
I represent Squam Head LLC, the entity which purchased the above captioned property from
the Hall family on 18 April 2006 (copy of the deed registered as Document No. 115990 is
enclosed herewith as Exhibit A). Title was taken in the name of Squam Head LLC, and Mr.
Erik M.W. Caspersen is the manager of that entity. It was my client's application that was
denied by virtue of your letter dated 10 May 2006, a copy of which is enclosed herewith as
Exhibit B. The Brown family agreed to allow my client to make application to the Building
Department prior to closing.
The purpose of this letter is to notify you that my client is appealing your decision to deny the
appli9Btion for a Building Permit to build a single-family dwelling with ground cover of 1,585
sqlre feet. I enclose a copy of my letter to the Board of Appeals.
V\ry truly yours,
\ ..~-"\- )
.'.,,(----)/
Richard J. Glidden
RJG/ka
enclosures
GLlDDEN & GLIDDEN, P.C.
ATIORNEYS AT LAw
P. O. BoX 1079
37 CENTRE STREET
NANTUCKET, MASSACHUSETfS 02554
JAMES K. GLIDDEN
RICHARD J. GLIDDEN
JESSIE M. GLIDDEN
50&228..Q77 1
FAX 50&22&6205
GLlDA TfY@NANTUCKET.NET
5 June 2006
HAND DELIVERY
Nantucket Zoning Board of Appeals
clo Linda Williams, Administrator
One East Chestnut Street
Nantucket, MA 02554
RE: Squam Head LLC, Assessor's Map 13 Paracel11
73 Sauam Road. Unit two
Dear Ms. Williams:
I represent Squam Head LLC, the owner of the above captioned property by virtue of
a deed registered with the Nantucket Registry District for the Land Court as
Document No. 115990 (a copy of said deed is enclosed herewith as Exhibit A). In
March 2006, Thomas W. Hall and Helen Marshall Hall Brown, my client's
predecessor in title, submitted an application to the Nantucket Building Department to
build a new single-family dwelling at 73 Squam Road (a copy of said application is
enclosed herewith as Exhibit B). On May 10, 2006, the Zoning Enforcement Officer
issued a letter denying the application (a copy of the denial letter is enclosed
herewith as Exhibit C).
The plans for the new dwelling had been prepared by Botticelli & Pohl for my client as
contract purchaser of the property. The Halls agreed to submit the application on
behalf of my client, as they were then the owners of the property. As evidenced by
the enclosed deed, my client is now the owner of the property and is the aggrieved
party.
It is our position that the Zoning Enforcement Officer is incorrect in his denial of the
application for a Building Permit. The purpose of this letter is to appeal his decision
to the Board of Appeals and ask the Board to make a finding that no relief from the
31 May 2006
Letter to Williams
Squam Head LLC, 73 Squam Road, Unit two
Page two
Board of Appeals was required in order for the Building Department to issue the
requested Building Permit (enclosed find title and building memorandum for review
by the Board, which elaborates our reasons for believing that the Building Inspector
was incorrect).
In the alternative, Applicant seeks a Special Permit, pursuant to Chapter 139 Section
33 A(4) to allow the construction of a new single-family dwelling in accordance with
H.D.C. approved plans (H.D.C. Certificate of Appropriateness No. 47611)
ReSprCtfUlI,lY submitted,
~
Richard J. Glidden
Glidden and Glidden, P.C.
37 Centre Street
Nantucket, MA 02554
TITLE MEMO
1. The property (Lot 6 on Land Court Plan No. 14902-J) was owned by the
Brown Family since the 1950s.
2. Both the main house and cottage were built and used as separate
residences since a time prior to 1972 and both have been continuously used
as residences up to today.
3. In 2004 the Brown family created the Squam Head Condominium. Unit 1
being the main house and Unit 2 being the cottage.
4. The lot in question contains 80,700~ square feet with a total allowable ground
cover of 5649 square feet. The main house has ground cover of 2188
square feet and the cottage has ground cover of 445 square feet.
5. Applicant proposes to demolish the existing cottage and build a new
residence with a ground cover of 1,585 square feet. The new Unit 2 will
comply with setbacks, ground cover, 12 foot separation from main dwelling,
and will be 20% smaller than the main house. While the structure is being
reconstructed, the use as a single-family residence is not being abandoned
or even changed.
6. The Zoning Enforcement Officer has decided that the form of ownership is a
pre-existing non-conformity because both dwellings pre-existed the 1972
Zoning By-law. It seems to be the position of the Zoning Enforcement Officer
that the use of the structure as a single-family residence lost its pre-existing
status when the Brown family created the condominium. Applicant argues
that the use is separate from the structure and that he is not abandoning or
even changing the use as a single-family structure, and that demolishing and
rebuilding will not somehow nullify the condominium.
OCEAN J
ATLAN!!E--:- ~ 14902
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Plan Ne, 14902H Cerl. Ne. 3915
Subdivision of Part of Lot 8-6
Shown on Plan 14902-E
Filed with Cert. of Title No. 3454-
Registry District of Nantucket County
Separate certificates of title may be issued for land
shown hereon os Lot 6
By Me c..ut.&J~!;?~ 1
Dec. 24, 1997 Recorder
Abutters ore shown os
on original decree plan.
Cop)' 0/ pori 0/ pion
- filed in-
LAND REGISTRATION OmCE
_ DEC. 23. 1997-
Scafe of this plan 50 f..,1 to an inch
Louis A, Moore, Engineer for Court
DJC -o21N
115990
,--
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UNIT DEED
\111111111
cert: U42020 Doc: UDD
Registered: 04118/2006 03:29 PM
WE, HELEN MARSHALL HALL BROWN and ROBERT S. BROWN, of 8220 E. Thistle
Court, Orange, California 92869 and THOMAS W. HALL, Jr. of 23 Anthony Road, Foster,
Rhode Island 0282S, for consideration paid and in full consideration of TWO MILLION FIVE
HUNDRED THOUSAND and 00/100 ($2,500,000.00) DOLLARS grant to SQUAM HEAD
LLC, a duly organized Delaware limited liability company, with a mailing address of c/o Emily
Ross, 11450 SE Dixie Highway, Suite 203, Hobe Sound, Florida 33455, with QUITCLAIM
COVENANfS
Unit No.2, located at 73 Squam Road, of the Squam Head Condominium (the "Condominiums)
created pursuant to Chapter 183A of the Massachusetts General Laws (the "Act") by Master
Deed dated December 23, 2003 and registered with the Nantucket Registry District as Document
No. 106508 noted on Certificate of Titles No. C-35 and U-42003 (the "Master Deed"), together
with a forty (40%) undivided percentage interest in both the common areas and facilities of the
Condominium and the organization of unit owners through which the Condominium is managed
and regulated, (b) the exclusive right to use the parking space and storage area, if any, assigned
to the Unit, and (c) such other rights and easements appurtenant to the Unit as may be set forth in
any document governing the operation of the Condominium, including without limitation the
Master Deed, the By-Laws of the organization of unit owners, and any administrative rules and
regulations adopted pursuant thereto (all of which are hereinafter referred to as the
"Condominium Documents") The above described premises are those conveyed to the SELLER
by deed dated July 30, 2005 and registered with the Nantucket Registry District as Document
No. 113863 noted on Certificate of Titles No. C-35 and U-42oo3.
Said Unit 2 is conveyed subject to the following matters:
(a) Any and all rights legally existing in and over said Lot 6 below mean high water mark.
(b) Stipulation by the Commonwealth of Massachusetts dated March 14, 1933, registered
with the Nantucket Registry District as Document No. 2824.
(c) Easement to Rudolph G. Bolling and Ethel Bolling dated October 17, 1963, registered
with the Nantucket Registry District as Document No. 9086.
(d) Right of Way to John B. Feltner et al., dated December 4, 1981, registered with the
Nantucket Registry District as Document No. 25693.
(e) Declaration of Trust and By-Laws of the Squam Head Condominium Trust uldlt February
12, 2004, registered with the Nantucket Registry District as Document No. 106509 and
noted on Certificate of Title No. C-35;
115990
(f) First Amendment to Squam Head Condominium Trust Declaration of Trost, registered
with the Nantucket Registry District as Document No. 1f6Qg'1 and noted on
Certificate of Title No. C-35.
For title, see Certificate of Title No. €-9'5 at the Nantucket Registry District.
U '-I~oo3
-
115990
WITNESS our hand and seal this ~ day of March, 2006.
C;1.u- ~l4.1k fl.--
HELEN MARSHALL HALL BROWN
$l/~
ROBERT S. BRO
STATE OF CALIFORNIA
.sl-
,55. March 2-1 ,2006
~t
On this .2... , day of March 2006, before me, the undersigned notary public,
personally appeared Helen Marshall Hall Brown and Robert S. Brown proved to me through
satisfactory evidence of identification, which were C-A 1)\-) v ~ "':J L?~
to be the person whose name is signed on the preceding or attached document, and acknowledged
to me that he signed it voluntarily for its stated purpose.
~~~H
Notary Public .
My Commission Expires: I,.. .2.S' - -lo.og-
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e CQMM.I1_125 Uta
tJ NOTAAV~
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MA HUSEne EXCISE TAX
Nantuoke unty AOD '16 001
Date: 04/181 03:29 PM
Ctrl'4676511493 eel 00115990
Fee: $11.400.00 Con $2.600.000.00
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115990
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THOMAS W. HALL. .
10~
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ST ATE OF RHODE ISLAND
March .2:d-. 2006
On this tuSf day of March 2006. before me. the undersigned notary public,
personally appeared Thomas W. Hall. Jr. proved to me through satisfactory evidence of
identification. which were (J)A~ ~ to be the person whose
name is signed on the precMing or attached documen , and acknowledged to me that he signed it
voluntarily for its stated purpose.
Nd~r; ~~b-
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115990
UNIT 2
ARST FLOOR
AREA = 445 S.F.+/-
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, CERTIFY THAT THIS PiAN SHOWS THE UNIT
DESIGNATED UNIT 12. AND NSfJ THE IlAlElMTRY
ADJOIHIHG lJtf1S. NID ff FUU.Y ANDNXURATRr
DEPICTS THE LAYOUT Of THE UNIT, IJS LOCAJJON.
DIBlSIOH5. N'PROXIIATE MEA
NID IAIUEl*TE COIAION AAf).
NXESS. AS BUlt..T.
of 3'
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UNIT 2
SECOND FLOOR AREA
= 445 S.F.+/-
8QUAM ItE~D CONDOMINIUM8
NANTUCKEt MASSACHUSETTS
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DATE: MARCH 21. 2006 SCALE: 1/8" :::; l'
Boucher &:Heureux. Inc.
CIVIL rn'GINEERS' 7\ LAND SURVEYORS
648 AMERICAN LEGION HIGHWAY,SUITE {)NE
WESTPORT. MASSACHUSETTS 02790
tel. (508) 636-5905 - 1ax.(508) 636-24n
115990
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Ma~ 10 2006 10:40AM Nantucket Building Dept.
508-325-7579
p.2
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BUILDING AND CODE ENFORCEMENT DEPT.
TOWN BUILDING ANNEX
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
Telephone 508-228-7222
Tele Fax 508-228-7249
May 10, 2006
Thomas Hall
P.O. Box 3988
Austin, TX 92781
Dear Mr. Hall:
Your request for work (reconstruction/expansion of a pre-existing nonconforming
structure) at 73 Squam Rd. (Map# 13, Parcel# 11), has been denied for the following
reason(s):
The structure you have applied to demo and reconstruct/expand is currently said to be a
pre-existing, nonconforming structure as to ownership (s 139-7 A(2)t) and Planning Board
approval (~139-7 A(2)h). Pre-existing, nonconforming structures may only be expanded
by special permit as issued by the Zoning Board of Appeals (ZBA), per ~139-33. Please
contact Linda Williams, ZBA Administrator, at 508-228-7215 for infonnation on how to
proceed.
At this time, the demolition has been approved and is available to be picked up from the
Building Department. Should you not wish to seek ZBA relief, the structure may be
rebuilt in compliance with all provisions of the Zoning Code.
If you have any questions regarding this notice please call, fax or visit.
~ctfu~,
~lverstein
Zoning Enforcement Officer
Town of Nantucket
F c: Richard Glidden
Pkaae be .dvised tbata. appeal ohms deDial iDaY be filed w1rbill30 days of this DOli<< witb the Zoning Beard ofAppeab purs1l4111 to i13'.
JIA(%) oftbe Towa of Nantucket Zonlal! Code.
-~--~--_..-
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BUILDING PERMIT NUMBER
APPLICATION FOR
BUILDING PERMIT
1.
LOCATION
OF
BUILDING
IMPORTANT _ Applicant to complete all items in Sections: 1, 2, 3, 4, and 5
OWNERS NAME (print):~~LL fA\Jt\LY l-\:r: ill~ \JJ-lt\LL.JR.. ~ \-\B.fH ~~
Last First Middle Initial
-=r~ ~\A~ ~\) l)N\T *~
No. Street
Assessor's Map No.
l~
Assessor's Parcel No, ~
2. TYPE AND COST OF BUILDING - All applicants complete Parts A-E
A. TYPE OF IMPROVEMENT
~ew Building
o Addition
o Alteration
o Repair, replacement
o Demolition
o Moving
B. OWNERSHIP
(Private
o Public
D. DIMENSIONS
C. COST
TOTAL COST OF IMPROVEMENT
~J~.Cd)
I
Dimensions of Structure
First Floor Area: /61i< OF
Second Floor Area: 1l0fo er-
Third Floor Area:
Total Floor Area: Z/i;;R 1
Full Cellar Area: _l1 'Z...4::>
if
vr
~
e~t\1 F\~
'Al..C
E. PROPOSED USE
Residential
Detail scope of work by floor & provide the
square footage.
IftOne Family
o Studio
o Two or more family - Enter
number of units
o Hotel, Motel, Dormitory
enter number of units
o Second Dwelling
o Garage
o Pool
o Other - Specify
FlH\.~ 6pAl"~
3. SELECTED CHARACTERISTICS OF BUILDING
For new buildings and additions, complete Parts D-N
for Demolition, com lete onl Part 1" for all others ski to 4,
F, PRINCIPLE TYPE OF FRAME
crJ.,Wood frame
o Other - Specify
H, TYPE OF SEWAGE DISPOSAL
o Public
:;a Private (septic tank, etc,)
K, ACCESSORY HEAT SOURCE
No. of fireplaces
No. of Wood Stoves
Other:
OOil
o Electricity
o Heat Pump
I. TYPE OF WATER SUPPLY
o Public
Lpl Private (well)
G, PRINCIPLE TYPE OF HEATING
o Other - Specify -----
J, SMOKE DETECTORS
No of Detectors ~ ~<?t) [J:J:;f::
See Plan for Location
L. RESIDENTIAL BUILDINGS
Number of Bedrooms -4 ~
Number of Bathrooms~ -
Full ~ Partial ...--L----
e')-G as
3. Continued \
M. ENERGY CONSERVATION Type Thickness R Value
Foundation or Floor insulation ?A'f\ q" _ ~/:::s6
Wall Insulation ~,.,------- 6" ~-~- grlGf
Ceiling or Roof Insulation ~M1 - q" 'f?: . W
Window Glazing: Insulated Glass Double Glass Storm ~--
Doors: Insulated Yes No V Weatherstripped: Yes y No
Percentage of Window Area to Wall Area: 5&!0
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 't... I'{$ ~
Footing size: 0"'. 1.. ~footing reinforcing:
Wall material: C~. Wall thickness: B*
. ~ . e' c>
Wall height: o. \C> c -1 Wall reinforcing:
Pier or column size: _\C>- <t> Pier or column spacing: 3 '-(C)'. t-AAX
Pier or column footing size: ~ Pier or column reinforcing:
No. of crawl space vents: t\ Crawl space: 0 Full o Partial
FRAMING: Main Carrying members: Size: l-ef~'" )C.. 9 -/?j" 1--"1- eJ -
Support Spacing: -6 >>A-)(.
First Floor Framing Joist size: ~..,~ \ Maximum Span: lb"" D" Maximum Spacing: J b'" ex;.
Second Floor Framing Joist size: 3NC> At::: Maximum Span: Lb"-D'. Maxim"m Spacingo =t=
Ceiling Framing Joist size: ~ Maximum Span: 16'" cJ Maximum Spacing:
Roof Framing Joist size: 2-rlD Maximum Span: J \, .. - b' Maximum Spacing:
Roof Truss Applicant must submit design calculations for all wood trusses stamped by a Registered Professional Engineer.
SKETCH OF PROPOSED WORK (minor projects)
NOTES AND DATE (For Department Use) FEE CALCULATIONS
....
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: Lub-l Total Land Area: eq 3C;i:) 'if'
Frontage on Street: roo Lot No.: ~' I Q H \ '"" z..
Plan Book No. and Page: Land Court Plan No.: l~qc>?- ')
Date Lot Purchased: Certificate No,: l~fofo
Name of Previous Owner: .\-tb... L-l ~
SUBDIVISION INFORMATION
Name of Owner:
Date of Plan Approval: TIME SHARING
Type of Approval: ANR AR INFORMATION
Planning Board File No.: Is there a declaration of
Covenants and Restrictions of
Is the Subdivision subject to a Covenant: YES NO Interval Ownership noted on
Is a Release required: YES NO your Title or Deed?
Has Plan been filed with the Registry of Deeds? YES NO
If YES: Plan Book and Page No.: Date Yes - No -
DIMENSIONS
Distance from Property Lines: FRONT lZO. +-/- REAR 'Z.kC> oj:. LEFT IB' RIGHT lO'
Distance between Principal and Secondary Dwelling: K/~ (12ft. minimum)
Height of structure above finish grade: N Zz,'-(&,.' E zz. '- f&:1" S a '- ~.. W zz, '- '=>'.
Number of off-street parking spaces: Enclosed 0 On-site z..
GROUND COVER
Principal Dwelling: l'=D4.~
Secondary Dwelling: Total: J b')4. 3.~
Addition: SF.
Garage: Allowable: SF.
Accessory Building:
Swimming Pool:
Other:
MISCELLANEOUS
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: Ground Cover Ratio:
Frontage on Street: Side and Rear Setback:
Front Yard: Secondary Dwelling approval
Additional Comments: Board of Appeals
,- Lot Release Form
Date: APPROVED BY:
Zoning Officer
5. IDENTIFICATION - To be completed by all applicants
Name Mailing address - Number, street, city and state Zip Code Telephone No.
1.
Owner or QZ-1<ct
Lessee
Print Name Builder's License
2,
Contractor Signature
Date
3. Pa.-lL Date
Contact Person Sf. 6~
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,. 0, f applicant
t '--;:1.Lt-.v /~LA- ~ ~....'W'"-
Address
PO (3("" ~"(.s8'
IU.:)t;.....,.I cA. ?J. 7':r1
Telephone #7 J"t- 53 S -I 7 g-:;,-
Print name He-Ie"" t'Jb.(s\t.,o-U t~6-.M ~("O\."'"'
6. PLAN REVIEW RECORD - For Office Use
Plans Review Required
HISTORIC DISTRICTS COMMISSION ~
.r~ ~/2:;.. // ,dj/~ /;Z tJ. .-./2 .M~~ - X I--L JJ~.;) 'OJ Iv ;Z 7C Q/i
SEPTIC, ~ ;~
SEWER -/ -I' -, fJ 7
WATER WELL COMPLETION REPORT /
CONSERVATION COMMISSION /
FIRE CHIEF
OVER-THE-ROAD (Board of Selectmen)
ROAD OPENING PERMIT (DPW)
PLUMBING
ELECTRICAL
DO NOT WRITE BELOW THIS LINE
7. VALIDATION
FOR DEPARTMENT USE ONLY
Building Use Group
Permit Issued ----_._._-_._--~-~-~ I
Occupancy Load I
I
Census No.
Building
Permit Fee
Approved by:
Date of Issuance of
Certificate of Occupancy
Building Commissioner
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RECEIVED
BOARD OF ASSESSORS
JUN 0 6.2006
Town of Nantucket
ZONING BOARD OF APPEALS
TOWN OF
NANTUCKET, MA
~
LIST OF PARTlES IN INTEREST IN THE MATTER OF THE PETITION OF
, '. <:, Q '" 1-\ fV\. \-\ {A- \) '-'-C .
PROPERTY OWNER..".,..,..,..."",.",.""...."......,.....,..."..."",..,...,,:,
. ., \
. .
MAILrNG ADDRESS..~ .~~.~.~..... ,~,~"..~ ,~~.~~.....~ ~.~'::.':^:.~,~, ,'v.~~, ~,T.~
PROPERTY LOCATION..,......J .)...., .~..,.. .? 9:-~.~..~,..... .,::,:-,~"....
'ASSESSORS MAPfPARCEL:..... ..~.~..,..~,...,'~ .\<~.......... ....",..,.....,.,
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APPLICANT,., ,."", ,~,9.,':!:.~,.~. """ \~:,~,~" .\"~~,~'" "",.,.,.", ,.."
SEE ATTACHED PAGES
I certify lhallhe foregoing is & list of persons who are owners of abutting property, owners of
land direct I" opposite on MY public or private street or way; and a.butten of the abutters and all
other land owners within 300 feet of the. property lirie of owner1s property, alias they appear ?n
the most recent applicable tax list (M,G.L. c, 40A, Section 11 Zoning Code Chapler 139,
Section 139-29D (2) .
~HZ.F:o.o.0
DATE'
,;J~~!.HI?~
ASSESSOR1S OFFICE
Town of Nantucket
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