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Home My WebLink About057-06 TOWN .OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 0255~ --1 c: . C/) t -rl Date: S~fero'l~~~g' ,SO::JlO:," <: 00 -0 \..v To: Parties in Interest and Others concerned with the ~ DeCrslon of the BOARD OF APPEALS in the Application ofNthe following: Application No.: 6S7-0& Owner/Applicant: ( 1 H' I (( ~ Vn 1 ~ roy} y)y) Q VlcO SUIon e. (OY1.rf1y) Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Becision must be given to the Town Clerk so as to be received within such TWENTY ( 20) days. 401 ~CC(J, cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING' TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); Y139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. , , , NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 87, Parcels 69 and 70 Certificate of Title No. 14,220 Residential-2 and Limited-General-Use-2 12 Western Avenue Lot 8 on Land Court Plan 8597-G Lot G on Land Court Plan 8256-B DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals on Friday, September 8, 2006 at 1:00 P.M., in the conference room at 2 Fairgrounds Road, Nantucket, Massachusetts 02554 (former Electric Co. Bldg), the Board made the following Decision on the Application of WILLIAM J. CARLSON AND SUSAN E. CARLSON, of 5225 140 Avenue, NE, Bellevue, W A 98005, Board of Appeals File No. 057-06: 2. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33A (alteration/expansion of a pre-existing nonconforming use/structure) and under Section 139-16C(1) (reduction of side/rear yard setback from ten to five feet). The original Application was scheduled to be heard in July 2006. However, due to changes required by the Nantucket Conservation Commission through the public hearing process to obtain Order of Conditions No. SE48-1922, the scope of relief sought from the Board of Appeals changed and required the re-notice of the public hearing. Applicants now propose to renovate and relocate an existing single-family dwelling and demolish or remove from the locus the existing free-standing garage that is currently sited as close to the northerly front yard lot line along Western Avenue as about 5.5 feet. The structure would be expanded in a vertical manner to add second floor living space and the ground cover ratio would be expanded from about 8.8% to about 11.3%, with a maximum ground cover ratio allowed of 12.5%. A new attached garage would be constructed onto the easterly side of the dwelling and would be sited farther from the front yard lot line than the existing garage. The dwelling is currently sited as close as about 17.7 feet from the front yard lot line in a district that requires a minimum front yard setback of 30 feet and would be relocated so as to be as close as about 12.6 feet. The westerly nonconforming side yard setback of about 0.8 feet would be increased to a point no closer than five feet from that lot line in a district that requires a minimum side yard setback of ten feet without the grant of special permit relief to reduce the side yard setback to as close as about five feet from this Board. The structure would continue to meet the easterly side and southerly rear yard setback requirements. Parking would continue to be provided on site. In addition, to the extent necessary, the Applicants are seeking V ARIANCE relief pursuant to Zoning By-law Section 139-16A to allow the structure to be relocated as proposed. To the extent necessary, Applicants are seeking a MODIFICATION of the previous Special Permit relief granted in the Decision in BOA File No. 075-93. The lot is also nonconforming as to frontage with the lot having about 73.15 feet of frontage in a district that requires a minimum frontage of 75 feet. The Premises is located at 12 WESTERN AVENUE, Assessor's Map 87, Parcels 69 and 70, Land Court Plan 8256-B, Lot G and Land Court Plan 8597-G, Lot 8, respectively. The property is zoned Residential-2 and Limited-Use-General-2. . , I and lot, but not generally the zoning district within the lot is situated, a literal enforcement of the provisions of this chapter would involve substantial hardship to the Applicants and the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-law. 6. Therefore based upon the foregoing, with respect to the special permit relief requested, the Board fmds that the reduction in westerly side yard setback requirement from ten feet to as close as five feet would not be substantially more detrimental to the neighborhood than the existing nonconforming situation. The Board notes that the existing nonconforming westerly setback distance of the dwelling of about 0.8 feet at its closest point would be made more nonconforming with the relocation of the structure and would provide a benefit to the neighborhood. In addition, the Board finds that the proposed expansion of the structure as approved by the HDC, would be a vertical expansion of the structure within the required setback areas but said expansion would not be substantially more detrimental to the neighborhood than the existing nonconforming structure. 7. Accordingly, for the reasons set forth herein, the Board, by UNANIMOUS vote, hereby GRANTS the requested relief by VARIANCE pursuant to Zoning By-law Section 139- 16A so as to reduce the required front yard set back from 30 feet to about 12.6 in order to relocate the siting of the house as proposed feet; requested relief by SPECIAL PERMIT pursuant to Zoning By-law Section 139-16C(l) to reduce the side yard setback from ten feet to no closer than five feet from the westerly side yard lot line; and requested relief by SPECIAL PERMIT pursuant to Zoning By-law Section 139-33A to expand the structure as proposed. Reliefis hereby conditioned upon the following: a. The renovated dwelling shall be located on the property substantially as shown on "Site Plan for Zoning Application", dated August 2, 2006, and done by Bennett and O'Reilly, Inc., a reduced copy of which is attached hereto as Exhibit "A"; and b. The structure shall be renovated and expanded insubstantial conformance with the plans approved by the HDC in Certificate of Appropriateness No. 47,445 for the garage move or demolition and Certificate of Appropriateness No. 48,374 for the house relocation and expansion, as may be amended from time to time. Dated: September t:J, 2006 Nancy J. Sevrens MilJ~~= .~7~- Burr Tupper -- 17.5' \.5' 0." EXISTING CONDITIONS PR.OPOSED CONDITIONS SCAlE 1"-20' SCAL..f 1"""20' .' VoIESTERN AVENUE CURRENT ZONING ClASSIFICATIONS ~ndwardf~ "'~- " ,ro, ~' 3'.aoo"s.r.:1: iZif'si2l" IO.700:5.r.:1: lDTGf~ i'Oi'AiTIiT5~, <I'.!lCQ5.r_~ I5OSfING, 1<I.050'>:5.r. 73.15' 5S>:5171'u.H O.~>:5U~ ~.~~'" PRDr05W, ~~:~to5.r. 12.' '.0 11.3>:'" lOm:Il;-2 MI~lOf 2O,0005.f. hoIINlMUMl"Il.ONf~, 75'1'f ~~~~ Gl!.OIJNDCO'IfR"', 12.5'" WESTERN e:.'l5fING, f'Il;C 32.~:I:S_r. WI< .. .. WA WI< : : 2ON~UJG- =~~~ W.~5~ ~~ ~;.~. GROlJNOcovu'... <I". (rul:>hc Way, 30' Wide) DIm.. f1~",~ 5 I -54 " ~ ~ ~ 8 rJclS1"INGowtIJJHG, 1.03,.s,r ~l5fINGG.&.IW>~, I'.:l!l.r. rlWl'05roO'Nl'llJNG,I.5035,r f'05twR."lrem:e 5 .0 1~4.75' , ~ ZONfUNf (R-2) (200' from road) (lUG-2) GROUNDWATER fLOW::t ~ ~ '" S ro", , \ '-IJ , ) I I I I { I /5(ls!:lrlg ( Septic ISyotem \8' \~I II " " " \ ,I \ I' \ \ I I " \ " I _I tO~t C t\.~ \0 ../'Z-~C;;"-" : ~ ~D ZONE UNE FIRM Commumty ~anel #250230-1 2c dated OG,l03/8G MAP 87 PARCEL 71 ATLANTlC OCfAN NOT TO SCAlE l. C. PLANS 825b-B, LOT G" 85~7-G. LOT 8 CERTifiCATE Of mLE # 14220 A5SES50RS' MAP 87 f'ARCE15 G9 .70 LEGEND ____32 _32 EXISTING CONTOUR PROPOSED CONTOUR EXISTING SPOT GRADE PROPOSED SPOT GRADE WATER. SERVICE UNE OVERHEAD UTIUTI' SERVICE TEST HOLE 1 BORING LOCATION SEPTIC TAN" DlSTRJ6lITION BOX SOIL AB5ORFTION S't"STEM RESERVED fOR RlTURE UTIUTY POLE EXISTING VVELL CONCRETE BOUND, FOUND TOP Of BANK POST AND RAIL fENCE D <:( ~ 1LI D (f) IL n<: :::l (f) -~- " " ", "'- .", o -,- AVENUE \ , p~~Ef~5 \ \ I / \ \ Map 57 Parcel ';'7 Town Owned< """ ~ " '" " Q ~ ~ '3 PLAN 1 SCALE 1....20' OVERVIEW DAT!' Mr. and Mrs. William J. Carlson c/o D. Nell Parent A5WCla\:e5, p. O. 60:< 298, HalWlchport, MA 02G46 SITE PLAN FOR ZONING APPLICATION I 2 Western Avenue, Nantucket, MA I HERte>Y CERTIFY mAT mE EXI5TING ~UJNG 5HOWN HeREON 15 LOCATW AS IT EXISTS ON TH!: GROUND. SCALE 1'''''50' l.S. 40 60 o 20 SCALE )',,20' (eot)8H-<<ltSO Dro:AIMNG,C,I.... 2005 .1fAA!NT.c...rt~352\dw""'4352"t..plan.dW4 08102106 6005-4352 TOWN OF NANTUCKET ZONING 'BOARD OF APPEALS 2 FAIRGROUNDS ROAD ' NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 AMENDED NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, SEPTEMBER 8, 2006 in the Conference Room, at ~ FAIRGROUNDS ROAD. Nantucket, Massachusetts, with a vehicular entrance from Old South Road and a pedestrian entrance from the front of the former Nantucket Electric Company building, on the Application of the following: WILLIAM J. CARLSON AND SUSAN E. CARLSON BOARD OF APPEALS FILE NO. 057-06 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33A (alteration/expansion ofa pre-existing nonconforming use/structure) and under Section 139-16C(1) (reduction of side/rear yard setback from ten to five feet). The original Application was scheduled to be heard in July 2006. However, due to changes required by the Nantucket Conservation Commission through the public hearing process to obtain Order of Conditions No. SE48- I 922, the scope of relief sought from the Board of Appeals changed and required the re-notice of the public hearing. Applicants now propose to renovate and relocate an existing single-family dwelling and demolish or remove from the locus the existing free-standing garage that is currently sited as close to the northerly front yard lot line along Western Avenue as about 5.5 feet. The structure would be expanded in a vertical manner to add second floor living space and the ground cover ratio would be expanded from about 8.8% to about 11.3%, with a maximum ground cover ratio allowed of 12.5%. A new attached garage would be constructed onto the easterly side of the dwelling and would be sited farther from the front yard lot line than the existing garage. The dwelling is currently sited as close as about 17.7 feet from the front yard lot line in a district that requires a minimum front yard setback of 30 feet and would be relocated so as to be as close as about 12.6 feet. The westerly nonconforming side yard setback of about 0.8 feet would be increased to a point no closer than five feet from that lot line in a district that requires a minimum side yard setback of ten feet without the grant of special permit relief to reduce the side yard setback to as close as about five feet from this Board. The structure would continue to meet the easterly side and southerly rear yard setback requirements. Parking would continue to be provided on site. In addition, to the extent necessary, the Applicants are seeking VARIANCE relief pursuant to Zoning By-law Section 139-16A to allow the structure to be relocated as proposed. To the extent necessary, Applicants are seeking a MODIFICATION of the previous Special Permit relief granted in the Decision in BOA File No. 075-93. The lot is also nonconforming as to frontage with the lot having about 73.15 feet of frontage in a district that requires a minimum frontage of 75 feet. The Premises is located at 12 WESTERN AVENUE, Assessor's Map 87, Parcels 69 and 70, Land Court Plan 8256-B, Lot G and Land Court Plan 8597-G, Lot 8, respectively. The property is zoned Residential-2 and L~~a;;erall ~ti;\j)..- Nancy J. sevrens'); an .:f OFFICE: 19 OLD SOUTH ROAD NANTUCKET, MA 02554 PAUL S. JENSEN, ~C. ATTORNEY AT LAW PHONE: (508) 228-9555 FACSIMILE: (508) 228-3904 MAILING: P.O. Box 3097 NANTUCKET, MA 02584 August 8, 2006 By Hand Linda Williams, Administrator Nantucket Board of Appeals 2 Fairgrounds Rd Nantucket, Massachusetts 02554 Re: Amended Application For Relief BOA File No. 057-06 12 Western Avenue Dear Linda: Attached please find a Revised Addendum, along with four (4) copies of revised site plan, a reduced copy of proposed site plan and set of abutters mailing labels. These documents amend the Application for Relief in BOA File 057-06. Please notice this amended application for a hearing by the Board of Appeals on September 8, 2006. If you have any questions or if further information is needed, please give me a call at 228-9555. Thank you. z;~ Paul S. Jensen Enclosure Cc: William J Carlson and Susan E. Carlson (w/enclosures) D. Neil Parent (wi enclosures) John M. 0' Reilly (w/o enclosures) FEE: $300.00 NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 APPLICATION FOR RELIEF CASENO.6(7~ Owner's name(s): William J. Carlson and Susan E. Carlson &. n6""C~ ~.d/. A-';t'fO'it'D1I Mailing addresses: 5225140 Avenue, NE, BeIlevue, W A 98005 Applicant's name(s): Same Mailing address: Same Locus address: 12 Western Avenue Assessor's Map/Parcel: 87/69 & 70 Land Court Plan/Plan Book & Page/Plan File No.: LCPL 8256-B Lot Nos.: G LCPL 8597-G Lot Nos.: 8 Date lot acquired: 10/16/89 Deed Ref./Cert. of Title: 14,220 Zoning District: R-2 & LUG-2 Uses on Lot - Commercial: None X Yes _(describe) Residential: Number of dwellings 1 Duplex_ Apartments_Rental Rooms Building Date(s): All pre-date 7/72? No or 1993 C ofO(s) Yes Building Permit Nos: ~ -1-. o~1" :E:" = Previous Zoning Board Application Nos.: 075-93 :;;;r::.. 8 . POd State below or on a separate addendum specific relief sought (Special Permit, Vari~ce, App~), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any eXisting no~onformities: a A See addendum attached hereto and made a part hereof DECISION DUE BY: / / --- / LAND COURT DECISION APPEALED?: / / SUPERIOR COURT: --- Form 4/03/03 Addendum Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A (alteration/expansion of pre-existing nonconforming use/structure) and under Section 139-16C (reduction of setback to five feet). Applicants propose to renovate and relocate an existing single-family dwelling so as reduce the front and side setback intrusion of structures on the property. The existing garage is currently sited as close as 5.5 five feet from the front yard line along Western Avenue in a district that requires a minimum setback of 30 feet and would be removed from the site or demolished. The existing dwelling is currently sited as close as 0.8 feet from westerly side lot line, in a district that requires a minimum setback of 10 feet. The renovation will enlarge the dwelling vertically to add second floor space and the structure would increase in ground cover to accommodate a new attached garage and increased interior living space. The renovated dwelling would be relocated so as to be sited as close as about 12.6 feet from the front yard lot line and setback at least 5 feet from the westerly side lot line. The lot would continue to meet the maximum ground cover, easterly side setback requirement, and rear setback requirement. Parking would continue to be provided on-site. In addition, or to the extent necessary, the Applicants are seeking VARIANCE relief pursuant to Zoning By-law Section 139-16A to allow structure to be relocated as proposed. To the extent necessary, Applicants are seeking a MODIFICATION of the previous Special Permit relief granted in the decision of the BOA File No. 075-93. The lot is currently also nonconforming as to frontage with the lot having about 73.15 feet of frontage in a district that requires a minimum frontage of 75 feet. The Premises are located at 12 WESTERN A VENUE, Assessor's Map 87, Parcels 68 & 70, , LCPL No. 8256-B, Lot G and LCPL 8597-G, Lot 8. The property is zoned Residential - 2 and Limited Use - 2. WESTERN Ed e of Pavement (Public Way, 30' Wide) AVENUE 1L Qc; f--C\J I'- //////'/ /'/'/'/ /' f \e ~ / '---PROPOSED RELOCATED proposed~ AND REMODELED '\ Attached // DWELLING TOf EL= 28.5 Garage / , / ~/'uJ :/ j"; 50.00' ~ ('r) c!) G. \' (Pl \ .5' (El 5.0' (Pl 0.8' (El (J.l \.D 0\ o Q -- -T'-- CURRENT ZONING CLASSIFICATIONS LOT G Lc5T5IZE: 3G,200'S.F.:t LOT 8 LOT SIZE: 10,700' S.F.:t LOT G * 8 TOTAL LOT SIZE: 4G.900'S.F.:t ZONE R-2 MINIMUM LOT SIZE: 20.000' S.F. MINIMUM FRONTAGE: 75' fT. FRONT YARD SETBACK: 30' fT. REAR/SIDE SETBACK: 10' fT. GROUND COVER % : 12.5 % EXISTING: 14.050':t S.F. 73.15' 58:t SEE PLAN 0.8':t SEE PLAN 8.8:t% ZONE LUG-2 MINIMUM LOT SIZE: 80,000' S.F. MINIMUM FRONTAGE: 150' fT. FRONT YARD SETBACK: 35' fT. REAR/SIDE SETBACK: 1 5' fT. GROUND COVER % : 4 % EXISTING: 32.900':t S.F. N/A N/A N/A 0% EXISTING DWELLING: I .039 S.F. EXISTING GARAGE: 193 S.F. PROPOSED DWELLING: 1,583 S.F. Grass/Concrete Driveway Proposed Driveway EXISTING 4: PROPOSED CONDITIONS SCALE 1 "=20' f coastal Bank 0_,-' .,- (J.l (j) 0\ o Q (J.l (j) 0\ ~ Q I HEREBY CERTIFY THAT THE EXISTING DWELLING SHOWN HEREON IS LOCATED AS IT EXISTS ON THE GROUND. DATE PROPOSED: 14.050':t S.F. 73.15' 12.G' 5.0' 11.3:t% L.S. PROPOSED N/A N/A N/A N/A 0% CERTIFIED PLOT PLAN SHOWING EXISTING AND PROPOSED CONDITIONS AT 12 WESTERN AVENUE, NANTUCKET, MA PREPARED fOR MR. 4: MRS. WILLIAM J. CARLSON SCALE: I" = 20' AUGUST 4, 200G 5005-4352 OUTERMOST LAND SURVEY, INC. One Ellis Landing Road Brewster, MA 02631 (508)896-1050 BENNETT & O'REILLY, INC. Engineering, Environmental & Surveying Services 1573 Main Street, Brewster, MA 02631 (508)896-6630 Massachusetts Depat1ment of Environment" Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Ad. M.G.l. c. 131, 540 And 1he Town of Nantucket Bylaw Chapter 136 Clfleon OEP File Number: SE48-1922 A. General Information ..... ....... From' .~~.49k~.... .."__._n._ . ..;.." .: ::: . 1. ConservaIlon Commlalon ',' .",lo,.....: " ;.~.~. "'.~. .;. ,.' 2. ThllllaUance 1& tor (Check one): " :~ '!' . . . . . . .y., T ...............nt '; " .... : : ::.' 3. 0: "........... : . ..... WlHlam J. & Susan E. a. FIrst Name 5225 140 Avenue N.E '(j:M8Ina Adchss BelIevue e~citVlrown 181 Order d CondiUon8 o Amended Order of Conditione CarI~ b.1.a8t NlIme Co Company WA i. seat.- 98005 g. ZIp Code 4. Property Owner (If different from applicant): SAME fl. Fim Name b. last N8m. 0. Compeny d. MaiIflg Address e. CltyITown f. St8te g. ZIp Code 5. Project location: 12 Western Avenue Nantucket a. Street Adchsa b. Cityfrown ~.!.:._... __._.m... ......_.___.__ 69 end 70 .... ._. ........ c. As6euora Map/PIat Number . d. P8JC8IILot Number latitude and Longitude, If known (note: electronic _ _... __.... .'. .._..__ fliers will click for GIS locator): .:I.liUle f. longitude 6. Property reoorded at the Regtstry of Deeds for (attach additional information if more than one parcel): Nantucket il~cOunty . -... ...... b. CertIlIcahI (If ~Ieted land) '" .. ....._...._ 14220 LC Plan 8256-6LLot Q~!~~I-G l~L- d.Page June 2. 2006 J~y'_2.6. 2006 ~28.. ~........__..._. a. Date Notice of Intent Flied b. Date Public HearIng Closed c. Date of leeuance 8. Final ApproVed Plans and Other Documents (attach additional plan or doclIment referenQes as needed): .~i!! and...~wage Disposal ~ystem Design tl. Plen Tide B.~nett & 9'RelIIY. Inc. b. Pr$p.... By Al.lne 01, ?006 d. Final Aevllllon Dal8 c. Book 7. Dates: John M. O'Reilly. ... c. Signed end SCamped by ----. ._...... 8. Scale t: Additional Pia;; or DoCUment'Title 9. Total WPA Fee Paid: ~og" pliiit ...--- ~rUlm5W1:' In ,rifllf1O $237.50 b. State Fee Pald 11. Date ,~262.50 c. Qty(Town Fee Paid "-t8 1 en ld Wcet :ct 900C: Ie '6l'\:J i"Rl.8CZSeSI: '(].I Xt:I.:l WO:JUO:) : 1.I"Pol-l II' ( ~',,':,::',:: . M..sachusetta Department of Environmental Protection . :':;-'::"':;""" Bureau of Resource Protection - Wetlands : 4(:\.t)~; : WPA Form 5 - Order of Conditions , ';~ Massachusetts Wetlands Protection Act M.G.L c. 131, ~ And the Town of Nantucket Bylaw Chapter 136 C8ltson DEP Fie Number: .~~48.1922 ______..._ 1 ____..._ ..:.>:::....... "':". B.Findin ~::. :.~<?<;~::.. ..... 95 ~. '. : .~:: 1. Fildlnga pursuant to the Massachusetts Wettand& Protection Aot: "~',' , ..... ", ..' :' ::":~,. . :.:' FoIowIng the review of the above-referenced Notice of Intent and based on the information provided In ::. '::~;~' w...,.... ,',:." .. this application and presented at the public heating. thls Comml8llonflndl that the... in which work is proposed is slgnific::ent to the follOwing interests cI the Wedands Protection Act. Check all that apply: o Public Water SUpply 0 land Containing StteIIfish t8I Prevention of Pollution ~ Protection of Wildlife o PrIvate W4lter Supply 0 FIIherfes Habitat o Groundwater Supply ~ Stiorm Damage Prevention t8I Rood Control ~ Recreation (Bylaw) 1m ErosIon and SedIment ~ Publle Safety This CommiSSIOn hereby finds the prqect, as proposed, is: (check one of the following boxes) Approved subject to: ~ the following conditions which are necenary in accordance with the performance standards set forth In the wetlands reguIatIon&. This Commi$sion orders that ell work shall be performed in accordance with the Notice of Intent referenced above, the following General Condftion$, and any OCher special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, spedfications, or other proposel$ submitted with the Nottco of Intent, these oondttlona 8haI1 control. DenIed because: o the proposed work cannot be conditioned to meet the performance standards set forth In the wetland regutations. Therefore, work on this project may not go forward unless and \I1tI a new Notlce of Intent is submitted whlch provides measwes which are adequate to protect these interests, and a final Order of Conditlons Is Issued. A deacription of the perfonnance .tandarde which the proposed work cannot meet Is attached to'" Order. o the informacion 8Ubm111ed by the appllcaot is not sufficient to desaribe the site. the work, or the effect of the work on the tnwests identified In the Wellands Ptotection Act. Therefore, wort( on this project may not go forward unless and untl a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Aclf5 interests. and a final Order of Conditions Is Issued. A d8flCription of the specific Information which Is lacking and why It Is necessary .. attached to this Order _ per 310 CUR 10.0S(6}(c). Inland Resource Area Impacts: Check atl that apply below. (For Approvals Onty) Proposed PermiUed Proposed Alteration Alteration Replacement Resource Area Permitted Replacement 1. 0 Bank 2. 0 Bordering Vegetated Wetland 3. 0 land Under Waterbodles arid Waterways b. linear feet c. linear feet d: In.arfeetH'--' 'fl. linear feet 8. square feet b. square feet c. square feet d. &ciUare feet- a. sqUilt8 feet b. &qUare fe<< c.squarefeet d. square feel e. cu.yd dredoed f. cu.yd dredged "'IIOfOnntl.doG' m. 7121W1i Paoe 201 I 7.A JJ.4:tt :71 CAiP tA '6Y'\i ~}~l: 'rn Xt:j..:j IItOJUOJ: j.Qj.::l M..sachusetta Department of Environmentl. Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, g40 And the Town of Nantucket Bylaw Chapter 136 8. ,:::>i< B Findlnn. (cant) ~:. ,,::'::~, ~~.:.\:.;'" "..:. ... . ~ '''':<0::-,' <(<""ll : :\~. . , . ,;'::' Resource Area ~= ':?:':' . :.... :::.. 1. 0 BorcIerlng L8nd Sl.Ibject . . . ...".' .. . to Floodfrlg Cubic Feet Flood storage 2. 0 Isolated Land SuIJjeot toFIoocing Cubic Feet Flood storage 3. 0 RMwfront area e. Squer8 feet f.~ '"'.......- COastal Reeource Are8 1mpacl8: Check a' that apply below. (For Approvals Only) 4.0 Designated Port Areas 5. 0 Land Under the Ocean II' i:'~":"~"'h_' 'lv. ",,",' . ....... ,Y, ....... .." ".: . :.... ..... . . : ~~":::::.. . "'::;; : Sq ft within 100ft Sq it between 100-200 ft 6. 0 Barrier Beaches 7. 0 Coastal Beaches 8. 0 Coastal Dunes 9. 0 Coastal Banks 10. 0 Rocky Intertidal Shores 11. 0 Satt M.shes 12. 0 laI1d Under Salt Ponds 13. 0 Land Contaifling Shellfish 14. 0 Fi6h Runs 15. 0 Land SUbjeCt to Coastal Storm Flowage "IPIfar"'.c111C' r4!l/. 712Ml1 _. .1 ......_... ~~ ...". .,:;,rIIL..I ... 8qU8nt feel .. cubic feet .. IQUln feel Co cUlIG teet ...--.-- 8. tollIleq. feet c......,. Ceriaon OEP FHe Number: SE48-1~.~,~ Permitted Alteration Proposed Permitted Replacement Replacement "b."".qu.n1Mt-- Co squ.re.... -- d. ~,. feet -',"""--- f. cubic .... g. cubic r.et h. cubic,... -b:-SqUM,"iHil d: CUbiC,. e. cublG feet f. DUbie .... b. toaaI sq. .... d. equare teet Indlcale size under Land Under the Ocean, below ... square feet b. ~ feet Co co.yet dredged . do co,yd dnIdged Indicate size under Coastal Beeches and/or Coastal Dunes below 8. sqll8re feet B. square teet 8. IInaaI feeC 8. square feat 8. square feet ... sqU8re feet c. cu.yd dtedgvd --.- b. $qIIlInI feet c. c/y nourlshmt. d. c/'f noutlshml b:'squere feel c. dy ~l d. c:Iy nouriiiimt ti. linear feet b. square feet b. square feet 'c~"sQu~.'~ d:Sciun""- ".--- b. !SqUare feet d. cu.yd dredged a. .q'un ,,,,,,"-- b. square feet Co square feet d:".~lI", feet Indicate stze under Coastal Banks. Inland Bank. Land Under the Ocean. and/or Inland land Under Waterbodles and Waterways. above 3, cu.yd dredged 8. squ<<8 .... b. cu.yd dredged b. square fII8I "IQ8J of9 ~ J O~T . -n..J \11.4..1 WO'1UO'"I : 1.11>-I-1 Massachusetts Department of Environmental ProtectIon Bureau of ResolWC8 Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, i40 And the Town of Nantucket Bylaw Chapter 136 .81. Additional Conditions (11.-I by the Town <II ~ ; ':;:",:~;:.:~(. .: The Town of Nantucket Conservation CommIa8lon hat found it neoess.-y to include these additional '. . ., .' ~. ::condlttons as a standard part of every Order. If the condltton appIl88, then the correspondfng box wit be .. . checked. '::::1.:> .,., : .... :.,:~.<;:: ~ 1. Pum.-ntto GenenII CondItIon Number 8. thl8 Order of Conditions must be ~ with the RegIstry fA Deeds for Nantudcet, and prvof of recording shall be submitted to the CommJ8lSkm prior to the commencement of any work approved in this Order. CIrIeon DEP FOe Number: SE4&-1~~.?._. .._ t8J 2. No work approved under this Order shall take place untl all administrative 8ppeaI periods from 1M Order have elapsed, or, if an appeal has been fled, until all proceedings have been completed. t8J 3. The landowner, applicent. and/or the contractor will notify the COmmis&ion in writing five daya prior to the start of work. The letter shan state the name, ac:tdreae, and telephone number of the project su~ who wid be responaIbIe few inNing oolite compliance with this Order. (All erosion/Sedimentation control devioes shall be installed BEFORE the start of work.) t8J 4. Prior to any activity at the site, . snow fence. aItatIon fence or a line fA straw baIea shall be staked 8$ shown on the plan of record or as authorized by the Comml8slon. After the fence or straw bale. are Installed, notice shaD be given to the Nantucket Conservation Commission. No work shall begin on the ... for 72 hou,. an. nId notice Ie glveni SO as to IIUow Comrn""on membera time to Ins'" aI..atIon devIcea. The snow fence, sItation fence, or straw bale Une erected to prevent siltation, erosion. filling of the wetland. and 1rap windblown debris during construotion. wiD 8110 serve aa a limit of the activity few wort aew&. It 8haI remain in good repai' dll1ng all pha.. of construction, and It shaH not be removed untl al soils are stabHlzed and revegetated or untO pennl88ion to remove it is given by the Commission. ~ 6. An as-buUt plan, signed and s~ped by a registered profee&lonaI engineer or land surveyor In the Commonwealth of Massachusetts, and having the same scale 88 the final approved plans, shan be submitted to the Commission at the same time as a wrttten request for a Certificate of Comptiance, and shall specify how, , at aU, the completed plan differs from the final approved plan. The as-built plan shaH indude. but not be limited to, the following: any/culvert Inverts for Inftow and outfalla; ptpe slope, me. and composition: location of any other dralt'1age structures end their camposition; limits of fiB or alteration; location of aI slnJ<:lure$ and pavement within 100 feet of the wetland; the edge ~ the ~and; the grade cootours wtthln 100 feet of the wettand. ~ 6. Members, employees, and agents of the Commission sha. have the right to enter and inspect the premises to evaluate compliance with the conditions and peIformance standards stated In this Order, the Massadlusetts Wetlands Protection Act, and pertinent Maasachusetts regulations (310CMR10:00 through 10:99). The Commission may require the submittal of any data deemed necetsary by the CommisSiOn for that evaluatIOn. t8:I 7. The applicant, owners, successors, or a88ignees shell be responsible for maintaining anyon-site drainage structures and outfals, assuring the lasting integrity of vegetetive cover on the site, and monitoring of site activities so as to prevent erosion. siltation, sedimentation. chemical contamination. or other detrimental impact to anyon-site or off-site resource area. It shaH be the responsibllty of the property owner of record to ensure compliance with the maintenance oonditions required by this Order. lVj)O/ClttIlS.doG. "".1fJ.ll/lIll rtge4Gft h..J LI...JTT .~T ~~ Tn -f;...... ~~Ja~T. .....1 vt..I.J llr1""'\1.Jn'"\. l.nlo.l..J MuaachU..tta Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachueett8 Wetlands Protection Ad M.G.L. c. 131,840 And the Town of Nantucket Bylaw Chapter 136 C8rlson OEP File Number: $.s.~1922 .81. Additional Condition. (cont.) (';i"i0 :'=-:.~~ se;=C=:~.:Io;'=:==:!..~h==,=d::n-' ~: ". : :.; will be checked: ..::<.,.. .....'.:...:~ 8. This document ahaII be Included in at consIrudIon c:ontracta and subc0ntract8 dealing .' ......... .... . . with the work proposed and ahaI supersede other contract requirements. 181 9. A complete copy of this permit, including its drawings, Special Conditions, and any Amendrnentt shall be avaIat1Ie at the work . whenever work is being performed. . The permittee shall provide a copy of this permtt to III conbadot'l, subcontractors, and other personnel performing work relating to this project In order to aasuf'8 fuI knowledge and compliance with the permlt'Slerms and condlllons. o 10. Natural vegetatiOn between the wetland edge and upland edge of the Undisturbed Buffer &hall be left intact. Within 48 hol.n of project compIeIIon. weather permitIIng, all dlsturted are.. shaI be replanted as prevtoualy approved by the Com.rnsaton. There shall be at least 8 25- foot \n1f8Ubed buff. on the upland... of the wetland bounda'y. ThIa shall be an ongoing Condition that shaH survive the expiration of this permit and shall be 80 noted on the Certlflcate 01 Compliance. C82 1 t. To mWlimize adverse effects on wildlife and water resources, the use of any pesticide or fertilizer requires expllclt permission to be ~ted by the Commission. Thla shall be an ongoing Condition that shall survive the expiration of thla permit, and shall be so noted on the CertIfIcate of Compliance. 012. In all cases, no part of any structure, Including dook$, stairs, cantlevers, etc.. may be doser than 50 feet from the approved wetland boundary. ThIs sh8Il be an ongoing Condtuon that shall survive the expiration d this permit and shaN be so noted on the CertifICate of Compliance. ~ 13. Any refuse material found on the site shan be disposed of at an apprO'led landfill and in no case may these materials be buried or disposed of In or near a wettand. 18I14. This Order of Conditions shall apply to 8nY SUCC88IOr in interest or succeS&or in control of the property. ~ 15. No underground petroleum product storage tanlc8 are allowed within 100 feet of any wetland or within any velocity (V) flood zone as indicated on the most recent FEMA floodplain maps. ~ 16. No work under thle Order of Conditions may proceed until the applicant has filed all necessary permits and applications WIth; Board of Health, ZaA, HOC, BuDding Inspector, Army Corps of Englneer8, OEP, Waterways, MNH, eto. I2J 17. All COll8t/\lCtion and alterations must comply with the above referenced plans and the CondItions of this Order. Any changes intended to be made in the plans or In the work. shall require the applic:ant to file a new Notice of Intent, or to ioquire of the Commission In wrltiflg whether the change is substantial enough to require a new filing. No change in plan or work under this tHing is permissible without a new Notice of Intent, or permission from the Commission. WJ1lIIor~.CIt1I;. !Iv. tlttlOO ''-De , 01 , oC:..J 1.u:JT . #T ~~ TnII .~....... ~""~",..""",,,,,,.I' It..' , '....,:~..,. ".... Massachusetts Department of Environmental Protection '':::''::'''::~.:3,. : Bureau of Resol.l'Ce Protection - Wetlands . 4~;;\ · WPA Fonn 5 - Order of Cond"lons :. "~"::. Massachusetts Wetlands Protection Ad M.G.L. c. 131, !40 And the Town of Nantucket Bylaw Chapter 136 8;C. O8n_1 Condltl_ Under Massachusetts WeUands Protection Act ~. '.. . '. : ,::(Only applicable to approved projecta) ... .. . ... '~.. ".~... ,.::"": .":. "UJ". . ''''<:':'1. Failure to oomplywilh ell conditions stated herein, and with all related statutes and other regulatory mea8l1r88. shall be deemed cause to revoke or modify this Order. Carlson DEP File Number. ,~].4!-~!.2l_. 2. The Order does not grant any property rights or any exclusive prlvlteges: It doe. not authorize any injury to private property or invasion of ptWate rights. 3. This Order does not relieve the permittee or any other person d the necessity of complying with all other appIioabIe federal. stete. or local statutes. ordinances. byI8W8, or regulatlon8. 4. The work authorized hereunder shal be completed within three years from the date of this Order unIesa either of the following apply: a. the work I. a maintenance dredging project as provided for in the Ad; or b. the time for completion h8a been extended 10 a specified date morelhan three years. but leGS than flve years, from the date of i6&l.l8OCe. If this Order is inteflded to be valid for more than three years, the extenaton date and the special clrcum8tanCe8 warranting the extended tine period are set forth as a special condition in thIs Order. 5. This Order may be extended by the i88u1ng authority for one or more periods of up to three years each upon application to the Issolng authority at least 30 days prior to the expiration date of the Order. 6. Any fill used In connection with this project shall be clean fll. Any fit shall contain no b'ash. refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire. lath, paper, cardboard, pipe, tires, ashes, refrlgetators, motor vehides. or parts of any of the foregoing. . 7. This Order Is not ftnaI until all admini$tr8tive appeal periods from this Order have elapsed, or if suc::h an appeal has been taken, untl all proceedings before the Department have been oompleted. 8. No work shall be undertaken untI the Order has become final and then has been recorded In the Registry of Deed, or the Land Court for the district in whtch the land Is 1oc8ted, within the chain of title of the affected property. In the case of recorded land, the Final Order shaD also be noted in the Registry's Grantor Index Wlder the name of the owner of Ihe land upon which the propo&ed work Is to be done. In the case of the registered land, the Final Order shall atao be noted on the l.cInd Court Certificate of TItle of the owner of the land upon which the proposed work /$ dOne. The recording information shall be submitted to this COnservation Commission on the form at the end of this Order. which form must be stamped by the RegiStry of Deeds, prior to the commencement of work. 9. A sign $hall be dl&played at the site not le8s then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" lor, "MA DEP"l SE48-1922 WlHIfut1ft5.IlClC' nw. ~rlf;/(16 ... hIll ~ w..&7t ~?t CRP tR .6l'l-l ?t'?)~l: TloI X\:l~ WOJUO): \.QI.:l 11"11 M..ach_ tis Department of E.nviro omental Protection : :.::~ :.', :::::'. . Bureau of Resource Protection - Wetlands : <::,(~;:,'.:,::, : WPA Form 5 - Order of Conditions ~ ....<:~: Massachusetts Wetlands Protection Ad M.G.L. c. 131, S40 '. .. .. .. ..... And the Town of Nantucket B)faw Chapter 136 ,.:':':' C. General conditiOns. Under Massachusetts Wetlands Protection Act ~.", " ' t..- 10. Where the Department d Environmental Protection is requested to I88ue a Superseding Order, the ~:~:'" ' ',~:'" Con$ervatlon Commission &hall be 8 party to all agency proceedings and hearings before DEP. ,,' '::',.. ..... . I~ ";. 11. Upon completion of the work described herein, the applicant $haH IUbmit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commi6sion. C8lfton OEP FOe Number: ~E48:"t9.22 12. The work shaI conform to the plans W1d special c:onditions referenced in this order. 13. Any change to the plana kknIfied In ConcIIIIon #12 above shaD require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to l'8qUire the filing of a new NotIce. of Intent 14. The Agent or members of the Conaervatlon Commission and the Department of Environmental Protection shall have the right to enter and inspect the a'ea subject to this Order at reasonable hours to evaruate compli8noe with the condltion& stated in this Order, and may require the submittal d any data deemed necessary by the Conservation Commls8lon or Depertment for that evaluation. 15. This Order of CondICions s,*, apply to any SUC:C88Sor In interest or successor In control of &he ~ subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start d work, and if the project involves work adjacent to a Bordering Vegetated WetIn, the boUndary at the weiland in the vicinity of the proposed work area 8haI be marked by wooden stakes or ftaggmg. Once in piece, the wetland bounday markers shall be maintained untl a CerliflC8t8 of Compliance hat been Iasued by the Conservation Commission. 17. All sedimentation barriers shal be maintained in good repair unUI all disturbed areal have been fully stabilized with vegetation or other means. N. no time shall sedimente be deposited in a weUand or water body. During construction. the applicant or hlslher designee shall inspect the erosion controls on a daHy ba8Is and shall remove ac;Q,lfnufated sediments as needed. The applicant shall immediately c:ontrol any erosion problems that occur at the $lite and shall also immediately notify the ConHl'Vatlon Commission, which r8&efVee the right to require additional erosion and/or damage prevention controls it may deem neceesary. Sedimentation barriers shall serve as the limit of work unless another lin' of work line has been approved by this Order. Special Condltlons: _..... .....-.. '_.~""'--". ....--.,.. """""'01#._' ..ell. 712M)O PIge 7 Oft . ~ I_I~T _'=liT ~? Tn .f:.Y"ILJ ~J C=Ji'~T. -,...",.. VI-I.J UJO"\UO..... l.rIJoI ~ M...ach....tts Del*'bMnt of Environmental Protection Bureau of Resource Protection- Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, 540 .And the Town of Nantucket Bylaw Chapter 136 CadIon DEP File tlImber: .~1.~~.____ . ". . "n , ( .' .:~:;~,::'.;'~;;:.. '. '~::D. Findings Under Municipal Wetlands Bylaw or Ordlpance ... '. > ... ~.: ;"." .~ ',:'1. Furthermore, the Nantucket hereby finds (<:heck one that applies); , . Cons<<veIon Comm/88Ion 2. 0 that the proposed work cennot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specific8lly. ~1ll5.dac' 'IN. T/2MlII .. Munlc!p8i~ of BYiliW" .,.. -...-. ii:Cit&tbi' Therefore. work on this protect may not go forward unless and until a revised NotIce of Intent Ie submlttGd \\tIlch provides measures which arv adequate to meet these standards. and a 1Inal Order of Conditione is issued. 3. 0 that the following additional conditions are necessary to comply with a municipal ordinance Of bylaw; a. MldcIpII"'~'Of; Bylaw ... .. ..w._.".... ." ,...- .-... . ~. b~ Clt810n The Commission orders that ail woric: sh8II be performed in aocordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following condtttons modify or differ from the plans. specificetions. or other proposals submitted with the Notice allntent. the condftions shall control. Co The special conditions relating to municipal ordinance or bylaw are as fdlow6: 118" 018 C.J I.~T ';>T ~ TO '6B-1 ~J ~T! .t"IJ '>tH ~ WO')UO'): 1.nH-I FINDINGS and ADDITIONAL CONDITIONS wUam J. " SuuD Eo Carlson DEP FILE NUMBER SE48-1922 ASSESSOR'S MAP 81, PARCELS 69 &. 70 1Z Wescem Avenue UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT (MGL CHAPTER 131, SECTION 40) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET (CHAPTER 136) TIlls Order of CoadltioDs permlts the reloeatloA ancIl'eeOIIItruedon or III exiltllll dwelJllIIt widl _ addltioll, drtveway. reloc:MIoD of a drIaki.. water supply weD and an up.....oftbe exis&i8c olllite....... diIposaI f8dUtIeI wldaia a coastal dune ad witlain Ibe b.... zone &0 a eo_aI dime ad COIItaI...... Waivers are required for the work permitted by this Order 01 COIldltlo.... FINDINGS 1. Applicant's Name William J. It SusaI\~ Carlson DEPPiIe Nwnber SE48~1922. 2. This Order of Conditions is being issued based upon strict accordance with the information submitted in the Notice of Intent dared 6/1106 and the Plan of Record dated 88 revised 7117106 stamped and siped by John M. O'Reilly. 3. Areas subject to protection/regulation are coastal dune, coastal bank and their buffer zones. 4. This Order is in accordance with a vote by the Nantucket Conservation Commission to close the public hearina on 7126/2fX)(1 and a vote to issue Orders taken by the Commission on 7~. 5. This Order permits the relocation and reconstruction of an existing dwelling with an addition, relocation of a drinking water supply well and an upgrade of the e.xisting onsite sewage disposal fadlities within a coastal. dune and within the buffer ZODe to a coastal dune and coastal bank. 6. Waivers are necessary for the work permitted by this Order of Conditions. ID addition to the above retereaeed GENERAL CONDmONS the Commission has found It Ile~ary to iIldude the foIlowinl Special CollditlOlll pursuaat to MGLCh131s40 ud tile Town of Nantucket Wetlancla Proteetion Bylaw, Chapter 136. The above listed General Conditions aad Findinp ..-e automatic:ally part of this Order of Conditions. ADDITIONAL CONDmONS 18. No equipment or materials shall be stOred within 20 feet of the top of the coastal bank. 19. The abandoned septic tank shall be pumped and backfilled with clean sands. 20. At least Ihree weeks prior to the start of work the Applicant shall provide the Commission staff with a written work protocol and sequencing for its review and approval. ~--.I 1_I....Jr"">T .~., ~~ TD .t::;....... ;:1(":;> J c::>::>cacT. .rwJ VH'" WO:)uo:l: ~"j