HomeMy WebLinkAbout020-07
WITHDRAWAL FORM
TOWN OF NANTUCKET
BOARD OF APPEALS
File
IN RE: THE APPLICATION OF
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UPON THE REQUEST OF THE APPLICANT(S) MADE:
prior to
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after
PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE ABOVE CAPTIONED
APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS:
acknowledge as a matter right and
without prejudice
~ approve without prejudice
approve, but with prejudice
THE WITHDRAWAL:
~- in full of the said application
of so much of said application as:
DATED:
1 )13{07
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Form
6-89
NANTUCKE'l' ZOmHG BOARD OF APPEALS
'rOWN MID COUNTY BUILDING
NANTa-our, 1U. 02SS(
File No .0(0- 0-'
Assessor~s parcel
'THIS AGREEMENT 'TO EX'TEtm "l'HB'l'IKE LIBIT FOR 'l'HE BOARD OF
APPEALS 1.'0 -MAKE A DECISIoN (or t.o hold a public hearinq or
-take o~r act-ion) c~cerns the APP. 1icat.ion of:
ULnvl~ ~ i:..t'rfn~
Pursuant to the provisions of the Acts of 1981, Chapter -
498, amend'ing the state Zonin9' Act, Chapter 40A of the
Ma:ns:cl11rSl!tt!: 'GeIlerB._I LaWS. -.kppliaant(s)-/~"t;ition~(s) and
the Board 01: Appeals -hereby agree to ~end the tiwe Ihlii t
_ for a public hearinq K on the Appl.icattan# or -
- for a d~ision b(... of tne ~oard, or
. "'....
for any other ~ct:ion
by the Board,
(whether such Appl!.:-cation. is an aimeal. _ from the -
decisi.on of an~ "aWilinlctratlve of~lcia~, a petitioD for
a Spec~aJ. Pera1.t> . Of '01:' .~or.~ -var~Dce ~, or for -any. _.7 t_l:lI
ext~.).on _, lIloclif1.c:atiott ~,. or. reneWii _ thexoeof) .
to the NEW TIHE ~-r oflllidn1ght on /d, 10. ~J I AT; I
but not ear~1.er than a time 1111lit set Wiiatu~e 'or -bYl~W.
cfhe App~icant(s) f or the attorney _ or agent _ tor -
Ap).ll.lcant(S) represented to be c1UJ.y a.uthorized to aet ip
th~s .~tter ~or Appl.ieant(~). in executit}.~ this A9re.em~nt
W'a::Lves a.n'f rl..qhts-linde-r the "antuc~et z~n1.ng Bylaw and the
state Zonl..ng Act4' as amended, to. the extent, but only to
the extent, inconsi,stent with eti$A9reem~nt.
A-
f\1t\..~ 1 t I ton7
Effe~e 'Or Agreement
cc: Town Clerk
Planning BOar.d
Building co~issioner
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Form
6-89
NANTU.CKET 20NING BOARD OF APPEALS
TOWN AND COUNTY BUIL01:NG
NANTUCKET,MA 02554
File No. Oa::L 67
g/ --0-
Assessor(s Parcel
THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF
APPEALS TO . MAKE A DECISION: (or to hold a public hearing or
take other action) concerns the Application of:
ct(~V'lQS 4=t's1'ler
pursuant to the provisions of the Acts of 1987, Chapter
498, amending the state Zoning Act, Chapter 40A of the
-'Mas"!:m:chusetts'.Gene~a1 La\ltS ,'Applic:ant-( slfp-etitione"rts)a-nd
the Board of Appeals" "hereby agree to extend the time liniit
_ for a public hearing ~ on the Application,-or -
- for a d~cision ~ of the ~oard{ or-
for any other ~ction
!?y the Board,
(whether such Application.is an appeal ___ from the .
decisi?n of an~'admin~strative .off~cial, a petition fo~
. a SpecIal PermIt ',or_for \ <), VarIance ~, or for "any .-
ex.te!lsion _, moq.ificatioll L~or: renewal _ ther-eof} --'f!I
to the NEW TIME LI.MIT of midnight on June.. z.~ 2Ei=Y~2 .
but not, earlier than a time limit set by sta~~ r.bylaw.-
-=--,. ~
The ~pp1icant(s) I Qr tl).e attorney K- or age~ _ W- -
Appl~cant(s) represented to be duly authorJ.zed to ac:t. i~
th~s.~atter ~or Applicant(~)( in executil}'1 t~is Agr~ent
wa~ves anX' rIghts' tinder the Nantuc~et zqn~ng '.Bylaw ~d the
state ZQn~ng Act, as amended, to. the extentrbut on~ to
the exten , inconsistent with this Agreement. ~
\0
A~T(S)Joseph
Fish e r; ,
Guay, Attorney for Charles W.
and Cynthia Perry Fisher
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Effec ve a~ of
FOR T
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Agreement ~>1V_ ~ l"trk '5 /t;e.,. tit/- ?: ~21'''''''''
co: Town Clerk 1{1"J,J~7
:~~~~t~~ ~~~~ssioner ~ #1 ~
Agree~rl~1(~d in the O[ficeA:: ~:e2~~w(jk' .' .
Date ~ Town Clerk
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SWe'lTTll'l e'PUl,
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at!1:QQ
P.M.. FRIDAY. MARCH 16.2007. in the Conference Room, 2 FAIRGROUNDS ROAD,
Nantucket, MA, on the Application of the following:
CHARLES W. FISHER, II AND CYNTHIA PERRY FISHER
BOARD OF APPEALS FILE NO. 020-07
The Applicants are seeking MODIFICATION of V ARIANCE relief granted pursuant to
Nantucket Zoning By-law Section 139-16A (Intensity regulations - ground cover) in the Decision in
BOA File No. 051-97, as modified in the Decision in BOA File No. 061-02. Applicant proposes to
construct an about 14' x 24' single car garage attached to the existing single-family dwelling for an
additional about 336 square feet of ground cover. The resulting ground cover ratio would be about
2.16% or about 3,661 square feet. In addition, the Applicants propose to construct a second floor
addition (uninhabitable storage space) over a portion of the existing dwelling and the proposed
attached garage. The garage would be constructed over an existing brick patio area. Prior to the
change in the zoning district from LUG-2 to MMD, the property was conforming in all respects to
the dimensional requirements of the Zoning By-law and continues to conform to setback and
frontage requirements. However, the lot is now nonconforming as to lot size with the lot containing
about 168,594 square feet oflot area in a district that requires a minimum lot size of 10 acres; and as
to ground cover ratio with the lot containing about 2.0% in a district that requires a maximum
ground cover ratio of 0.5%.
The Premises is located at 7 WEST MIACOMET ROAD, Assessor's Map 81, Parcel 62,
Land Court Plan No. 17368-A, Lot A4. The property is zoned Moorlands Management District.
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Nancy 1. Sevrens, C . an
PLEASE NOTE THE CHANGE IN TIME FROM 1:00 PM TO 12:00 PM.
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURmER
INFORMATION.
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FEE~.1300.00
NANTUCKEt ZONING BOARD OF APPEALS
" i, IIj:AST CHESTNUT STREET
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
CASE NO. 020~
Owner's name(s): C H A R L E S W. F ISH E R, I I and C Y NTH I APE RR Y F ISH E R
,_~~~_l!!.1:.~_~~dress: P.o.. Box 1 1 77, Nan t u eke t ,M ass a c h use t t s 02554 - 1 1 77
--:-""-~'----"'-'-"_._--.'--------'."'--------'--------'-..---..-.---..-.--------.-.--. . --.,....-..----.-..-----.--. .. ~- --------------
Applicant's name(s): Sam e
Mailing address: . Sam e
. Locus 'address: 7 We s t M r a com e t R (] ad Assessor's. MaplParcel: 81 /62
Land Court Plan/lUanxB<mI\X&~hPJ8n<File:NI1.: 1 7368 - A Lot No.: A 4
Date lot acquired:W2 0. /~ Deed Ref./Cert. of Title: C / T 1 8,676 Zoning District: M M D
:Uses on Lot- Commercial: None-L"Yes (des.cribe)
ReSidential: Number of dwellings-2- Duplex-------.: Apartments_Rental Rooms
. Building Date(s): All pre-date 7/721 or 1 985 C of O(s)? Yes
Building Permit Nos:
Previous Zoning Board Application Nos.: 0 5 1 - 9 7 / 0 6 1 - 0 2
, State below or on a separate addendum specificreli~f sought (Special Permit, Variance, 'Appeal), :~~ction of
the Zoning By.;.{aw,and supporting details, grounds for grant of relief, listing any existing ~onconf~mities:
I
SEE ADDENDUM ATTACHED HERETO AND INCORPORATED HEREIN
.
I
)
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pains and penalties of perjury.
SIGNATURE: ~ --- ~ ".,- Applicant yJ Attorney/Agent
(If not owner or owner's attorney, please enclose proQ of agency to bring this matter before the Board)
"/ __ FOR ZB ICE USE ~.
Application received on:~/~f[l By: Complete: ~ Need copies?:
Filed with Town Clerk:V 122 Q)praicUling Beare: .' f RlIildine Oppt. ~yL/tA...)
Fee deposited with Town Treasurer:~,Q2 BY:~ Waiver requested?:_Granted:_f_l_
Hearing notice posted with Town Clerk: &iZ/ZfQ) Mailed: 2 (ZZ/(;!]I&M:3JL/(tZ& -3 FS:'t2?-
Hearing(s) held on:---.I_I_, Opened on:_I_I_ Continued to:-.I_I_ Withdrawn1:_I_i_
DECISION DUE BY: / I M..,t". li'lIul ...I'T'~..._ rtl__L .. .. .
ADDENDUM
Application for Modification of a Variance
Application/Decision No. 061-02
Application/Decision No. 051-97
Charles W. Fisher, II and Cynthia Perry Fisher
7 West Miacomet Road, Nantucket, Massachusetts
Lot A4, Land Court Plan No. 17368-A
Nantucket Assessors Map 81, Parcel 62
ZONING CLASSIFICATION
MMD
District
Minimum Area:
10 acres
Existing Proposed
3.9 acres No Change
(169,5942: sq.ft.)
348.61 ft. No Change
Greater> 50 ft. No Change
Greater> 50 ft. No Change
Greater> 50 ft. No Change
1.96% 2.16%
Minimum Frontage:
300 ft.
Front Yard Setback:
50 ft.
Side Yard Setback:
50/25 ft. *
Rear Yard Setback:
50/25 ft. *
Ground Cover Ratio:
0.5%
(1.96%)**
Ground Cover:
3,335 sq. ft. **
(1.96%)**
3,325 sq.ft.
(1.96% )
3,661 sq.ft.
(2.16%)
*
**
Lot of record - pre-existing nonconforming
Approved Ground Cover - Zoning Board Variance in Decision No. 051-97, as modified
by Modification to Variance in Decision No. 061-02
APPLICANT/PROPERTY
Charles W. Fisher, II and Cynthia Fisher (hereinafter referred to as "Fisher"), are the title
owners of the residential property now known and numbered as 7 West Miacomet Road, Town
and County of Nantucket, Massachusetts, Lot A4, Land Court plan numbered 17368-A, as
evidenced by Certificate of Title No. 18676, registered at the Registry District for Nantucket
County, (hereinafter referred to as the "Property").
ZONING BOARD OF APPEALS RELIEF
Fisher is seeking relief from the Nantucket Zoning Board of Appeals (hereinafter referred
to as the "Zoning Board") to further modify and amend a previously granted Variance as
follows:
Construction of a 14' X 24' single car garage attached to Fisher's existing year
round single family residential dwelling on the subject Property and second floor
addition (uninhabitable storage attic) over a portion of the existing dwelling
attached to the proposed single car garage.
Fisher obtained approval from the Historic District Commission (hereinafter referred to
as the "HDC") of the plans and specifications for the proposed attached single car garage and
second floor addition (uninhabitable storage attic). HDC Certificate of Appropriateness No.
49711, together with pertinent plans, specifications and applicable materials, are attached hereto
and incorporated herein, in support of Fisher's Application before the Zoning Board.
TITLE
The chain oftitle to the subject Property is as follows:
November 20, 1988 - To present Charles W. Fisher, II and Cynthia Perry Fisher
Certificate of Title No. 18676
(Applicant)
July 31, 1985 - November 20, 1988 Charles W. Fisher and Joan 1. Fisher, Trustees
Fisher/Nantucket Realty Trust
Certificate of Title No. 11963
(Applicant's Parents)
June 28, 1973 - July 31, 1985 Charles W. Fisher and Joan J. Fisher
Certificate of Title No. 6890
(Applicant's Parents)
February 9, 1966 - June 28, 1973 Matthew L. Jaeckle and Vera Jaeckle
Certificate of Title No. 5203
(App licant' s Grandparents)
PLANNING BOARD "SPECIAL PERMIT" HISTORY
1. On September 23, 1985, the Planning Board granted a Certificate of Granting of a
Special Permit (Nantucket Registry District Document No. 33844) under Nantucket Zoning By-
Laws, Section 139-13C and Section 139-30A, for the construction of a single family dwelling on
the Property (Planning Board File No. 5-85) with a ground cover of 1,357 square feet.
2. On December 24, 1997, the Planning Board approved a modification to said
Special Permit (Planning Board File No. 5-85) and issued a Certificate Granting an Amendment
to a previously granted Special Permit (Nantucket Registry District Document No. 78672) and
approved the construction of a 670::t square foot addition to the single family dwelling existing
on the Property increasing the permitted ground cover to 1,871::t square feet.
3. On October 3,2002, the Planning Board approved a modification to said Special
Permit (Planning Board Decision No. 18-02) and issued a Decision of Amendment to a
previously granted Special Permit (Nantucket Registry District Document No. 100219) and
approved the construction of an addition to the existing single family dwelling and construction
of a detached barn on the Property increasing the permitted ground cover to a maximum of 3,335
square feet with the barn accounting for a minimum of 600 square feet.
ZONING BOARD OF APPEALS "VARIANCE" HISTORY
1. On September 3, 1997, the Zoning Board, on Application No. 051-97, granted a
Variance (Nantucket Registry District Document No. 77354) under Nantucket Zoning By-Laws
Section 139-16A, approving the addition of 670::t square feet of ground cover on the subject
Property, for a total ground cover of 1,871 square feet.
2. On December 11, 2002, the Zoning Board granted a modification of a previously
granted Variance on Application No. 061-02, (Nantucket Registry District Document No.
100220) under Nantucket Zoning By-Laws Section 139-16A, approving the construction of an
attached addition to the existing single family residential dwelling on the Property and the
construction of a detached barn on the Property increasing the ground cover to a maximum of
3,335 square feet, with the barn accounting for a minimum of 600 square feet.
ZONING CLASSIFICATION/PROPERTY DESCRIPTION
The subject Property contains a total of3.9 acres (169,594::t) square feet. The locus of
the Property was originally located in the Nantucket Zoning District classified as LUG-2
established by enactment of the Nantucket Zoning By-Laws in 1972/1973. The LUG-2 zoning
district requires a minimum "buildable" lot size of 80,000 square feet with a ground cover ratio
of 4% of existing land area. In 1984, by approved amendments to the Nantucket Zoning By-
Laws, the subject Property was reclassified and up-zoned to the Moorlands Management District
(hereinafter referred to as "MMD"). The MMD zoning district requires a minimum buildable lot
size often (10) acres with a ground cover ratio of .5% of existing land area.
The Property is a pre-existing nonconforming lot of record. Under the Zoning Board
Variance dated September 3, 1997 (Zoning Board Decision No. 051-97), the Zoning Board
granted Fisher a Variance for construction of a 670::t square foot addition to the existing single
family dwelling on the subject Property with a total ground cover of 1,357 square feet.
Thereafter, on December 11,2002, the Zoning Board in Decision No. 061-02, approved a
Modification to the Variance previously granted in Decision No. 051-97, permitting and
approving the construction of an addition to the existing single family dwelling and construction
of a detached barn on the Property increasing the permitted ground cover to a maximum of 3,335
square feet with the barn accounting for a minimum of 600 square feet.
[GROUND COVER: The existing ground cover of the single family dwelling (2,397:t
square feet) and detached barn (928:t square feet) on the subject Property totals 3,325:t
square feet. The existing total ground cover of 3,325:t is less than the permitted ground
cover of 3,335j: as approved in the Modification to the Variance previously granted by the
Zoning Board in Decision No. 061-02.]
RELIEF SOUGHT BY APPLICANT
Fisher seeks relief from the Zoning Board, under Nantucket Zoning By-Law Section
139-16A, for modification of the Variance granted in Zoning Board Decision No. 051-97, as
modified by Zoning Board Decision No. 061-02, to permit and approve the construction of
a 14' X 24' single car garage attached to Fisher's year round single family dwelling
constituting an additional 336 square feet. The total ground cover would be 3,661 square
feet equal to a ground cover ratio of 2.16%. Additionally, Fisher seeks reliefto construct
a second floor addition (uninhabitable storage attic) over a portion of the existing dwelling
attached to the proposed single car garage.
Fisher's plans for an addition to the existing residential dwelling with an attached single
car garage and second floor uninhabitable storage attic are intended solely for personal use and
enjoyment. The attached single car garage shall provide an enclosed storage area for Fisher's
personal automobile. The attached garage will be constructed over an existing brick patio and
said brick will be used as the surface of the single car garage.
The subject Property is located on the northern edge of the MMD neighboring the
Miacomet Golf Course. The Property is not subject to flooding and contains no dune grassland,
no wetlands and is not beach front property.
Fisher, as a year round resident, is aware of the fragile and unique ecological and
vegetative environment existing in the MMD area. Fisher, and the Fisher/Jaeckle familial
predecessors in interest in the subject property, have maintained a sensitivity to the surrounding
environment and Fisher believes that the relief for modification to the previously granted
Variance would not adversely impact the moorlands and the scenic integrity of the area. The
proposed construction of a single car garage attached to the existing dwelling would be
undertaken with careful consideration and protection of plant and animal species, maximize the
preservation of moorlands, heathland vegetation, and scenic views and would not disturb the
indigenous natural environment existing in the MMD.
Fisher maintains that the relief requested herein is necessitated by the up-zoning of the
area in which the subject Property is located from the LUG-2 Zoning District to the Moorlands
Management District. The up-zoning adversely impacted Fisher's ability to make improvements
to the subject Property. In fact, if the Fisher Property had remained in the LUG-2 Zoning
District, Fisher would have been entitled to improve said Property by constructing
dwellings/structures with a ground cover ratio not to exceed 4% of the locus area (169,594 sq.
ft.) equal to 6,783::!:: square feet. Notwithstanding, Fisher's proposed improvement
(construction of a single car garage attached to the existing dwelling) for which Fisher
seeks a modification of a previously granted Variance would result in a total ground cover
of 3,661 square feet equal to a ground cover ratio of 2.16%, which is less than the ground
cover Fisher would have been entitled to prior to the up-zoning of Fisher's Property.
Moreover, the granting of such relief by the ZBA would not be a substantial detriment to
the neighborhood and public good of Nantucket Island.
For the foregoing reasons, Fisher respectfully requests the Zoning Board grant a
Modification to the Variance relief issued in Zoning Board Decision No. 051-97, as modified by
Zoning Board Decision No. 061-02, approving the construction of the single car garage attached
to the existing dwelling on the Fisher Property and second floor addition (uninhabitable storage
attic) designed, sited and constructed in accordance with the plans, specifications and materials
enclosed in support herewith as previously approved by HDC Certificate of Appropriateness No.
49711.
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
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Sale Date
Sale Price
Book/Page
Lot Size
81 62
7 W MIACOMET RD
FISHER CHARLES W II &
CYNTHIA
POBOX 1177
NANTUCKET, MA 02554
11/20/1998
$0
C0018/ 676
4 acres
NOT A LEGAL DOCUMENT
C)
Prop ID
Address
Owner
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Dis~lQLllJj;_r The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data, Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
~~nnr.::'lnhir Tnfnrm~tinn c:.\/c:h:;)m (GYc:., ,;.::\r.:::lhAC:p
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Town of Nantucket, Mass
Map Composed
http://host. appgeo. com/nantucketma/PrintableMap.aspx ?Preserve= Width&Map Width= 345... 2/22/2007
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
Sale Date
Sale Price
Book/Page
Lot Size
81 62
7 W MIACOMET RD
FISHER CHARLES W II &
CYNTHIA
POBOX 1177
NANTUCKET, MA 02554
11/20/1998
$0
C0018/ 676
4 acres
.
Prop ID
Address
Owner
NOT A LEGAL DOCUMENT
a
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Plscla.imf:J The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only, The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
(:;pn('1rAnhir TnfnrmAtinn c;,\J~tj:lm r(:;Tc;" rlAtAhAC:lOo
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Town of Nantucket, Mass
Map Composed
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Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
Sale Date
Sale Price
Book/Page
Lot Size
81 62
7 W MIACOMET RD
FISHER CHARLES W II &
CYNTHIA
POBOX 1177
NANTUCKET, MA 02554
11/20/1998
$0
C0018/ 676
4 acres
.
Prop ID
Address
Owner
NOT A LEGAL DOCUMENT
'::=J
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
DL$~lgjm~[ The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only, The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
Ail information is from the Town of Nantucket
(;pi'lilr.::.nhir Tnfnrm.::ltinn c;\/c:h:~m r(;TC;' rl.:::lt.:::lh.:::lC:p
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Town of Nantucket, Mass
Map Composed
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CURRENT ZONING CLASSIFICATION:
Moorlands Management (MMD)
EXISTING:
MINIMUM LOT SIZE: 10 acres
MINIMUM FRONTAGE: 300 FT.
FRONT YARD SETBACK: 50 FT.
REAR/SIDE SETBACK: 50 FT.
GROUND COVER %: 0.5%
. 1.6~..5~4:t .S,F.
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SEE PLAN
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81-63
N/F
NANTUCKET ISLANDS LAND BANK
EXISTING
IN-GROUND
POOL
EXISTING ~
1/2 STY W/F
BARN
928:f: S.F.
FOUNDATION G.C.
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EXISTING
1 1/2 STY W/F
DWELLING
f,397:f: S.F.
FOuNDATION G.C.
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81-56
N/F
NANTUCKET CONSERVATION FOUNDATION. INC.
81-55
N/F
NANTUCKET ISLANDS LAND BANK
</~~:~ 'i')~:~fl ~O CO
I CERTIFY, ASiOF :." .8:'i~ltgO.o? . . THAT
THE BUILDING(S). !S/AR~ L99ATED ON THE
GROUND AS .SHO';NNHEREOfi!;
(t!RfJ-1O-1/i:1ih/tJA 1/
PROFESSIONALCAND SURVEYOR
THIS PLOT PLAN WAS PREPARED FOR THE TOWN
OF NANTUCKET BUILDING DEPARTMENT ONLY AND
SHOULD NOT BE CONSIDERED A PROPERTYUNE'
SURVEY. THIS PLAN SHOULD NOT BE USED 'to
ESTABUSH PROPERTY UNES. FENCES. HEDGES OR
ANY ANCILLARY STRUCTURES ON THE PREMISES.
THE PROPERTY UNES SHOWN RELY ON CURRENT
DEEDS AND PLANS OF RECORD.
THIS PLOT PLAN IS NOT A CERTIFICATION AS TO
TITLE OR OWNERSHIP OF THE PROPERTY SHOWN.
, OWNERS OF ADJOINING PROPERTIES ARE SHOWN
ACCORDING TO CURRENT ASSESOR RECORDS.
ASSESSOR MAP: . .81. . . PARCEL: . .62 .
BUILDING LOCATION FLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: 1"= 100'
DA TE: AUGUST 15. 2005
Owner: . . . f/$H.Ef:?IN!'J'!T.U9K.ET .RfAPY. ~Rl)$T. : , .
LOTM
Deed: . . C.Ef?~. .1 ,1Q6;5. . Pion: . . ~.C;.9.. F;5Q8.-t<-. .
Locus: , , . , #,7, W,S,T. MIACOMU. SQAP. . . , .
CHARLES' Jr. HART a.ncL ASSOCIATES. Inc.
Professional Land Surveyors
49 SPARKS AVENUE
NANTUCKET. MASS. 02554
(508) 228~8910
H-5291
REPLACEMENT
TRENCHES
(2) 2 'x3 'x50 , ~
CURRENT ZONING CLASSIFICATION:
Moorlands Management (MMD) EXISTING:
MINIMUM LOT SIZE: 10 acres
MINIMUM FRONTAGE: 300 FT.
FRONT YARD SETBACK: 50 FT.
REAR/SIDE SETBACK: 50 FT.
GROUND COVER % : 0.5%
169,594:1: S.F.
: stt. NAN: :
. $(E. fl,AN. .
. $(E. fl,AN. .
. $E;E. fl,AN. .
SEE B.O.H. FILE DATED 5-6-1986 FOR
ORIGINAL SYSTEM DESIGN &- AS-BUILT
81-63
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81-56
N/F
~\NTUCKIT CONSERVATION FOUNDATION, INC.
81-55
N/F .
NANTUCKIT ISLANDS LAND BANK
, #;~;;{;:~~-: BUILDING LOCATION PLAN
. 4-14-2004 .1',!~.-lI.i< .......~.,~...~ OF LAND IN
CERTIFY, AS OF. . . . . . . . . . . . .ff., ,A'f[Jw~.<1(} '.,~. ~
THE BUILD/NG(S) IS/ARE LOCATED ON ffj' ~ '~~~
;RO;;?O AS SHOWN HEREON. ~( ;":';..:";:~~~~"t/;1 NANTUCKET, MASS.
VAAAJ: cA~" V\<.,:,.,,~~.
7L , ~y '_.."\)(:.~ SCALE: 1"... 100' 'DATE: APRIL 14, 2004
PROFESSIONAL LAND SURVEYOR \:;.,.::' '!!'l'%
. ~;;'''.R~~ Owner: . . . f/$H.EIfI.N.NfTtJ9K.Ef .RfA,LTY. ~R!J~T. : . .
IS PLOT PLAN WAS PREPARED FOR THE TOWN LOT A4-
NANTUCKET BUILDING DEPARTMENT ONLY AND CERT. 11963 I f' f' 17Y:8 A
OULD Not BE CONSIDERED A PROPERTY LINE' Deed: . . . . .' . . . . . . Plan: . . ....y.y.. . . '( .-. . .
-RVEY. THIS PLAN SHOllLD NOT BE lJSED TO
TABLlSH PROPERTY LINES, FENCES, HEDGES OR
Y ANCILLARY STRUCTURES ON THE PREMISES.
=: PROPERTY LINES SHOWN RELY ON CURRENT
=:DS AND PLANS OF RECORD.
S PLOT PLAN )$ NOT A CERTIFICATION AS TO
LE OR OWNERSHIP OF THE PROPERTY SHOWN.
'NERS OF ADJOININO PROPERTIES ARE SHOWN
CORDING TO CURRENT ASSESOR RECORDS.
Locus: . . . . #.7. W~S:T. MIACPMF:T. F5QAP. . . . .
\SSESSOR MAP: . .81: . , PARCEL: , .62 .
CHARLES w: HART and ASSOCIATES,
Professional Land Surveyors
49 SPARKS A VENUE
NANTUCKET, MASS. 02554
(508) 228-89tO
Inc.
H-5291
----r--::-:,. ~-'--o- - ~
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'.\:'l\\(1"~~ ,{l ,'c.... .</; t It\I'~'E.~~~"~....~.,r..:.
Haines Hydrogeologic Consulttng
rli.irrtil1v\i~i lJIft'Q'fuUtP;:'(\\t ~~ J (( M (~( "
\- \~~\\'Uu;~~\I)JI1\~i speclahsing in groundwater & wetlands
( i~~~k'~'\;~;-\~~'''''''-..).~\l,\\lJ)~ c." (I
<:, '1 . y~;::: 1;~:>1;:-4-P~~ ':::--c-- -- 141 Old Enfield Roa~
, (,\ \) ;;.::~ \~\'~ \~ ___-fJl~ Ct '-._____~) I ~~~ Belchertown I,~, ',- '_
0!,-~'\J~~)~~' ~~5 <.:::.' \\1\11 1,9 Mass. 01007 ,,:,
1~{(1~, t'{~ ~L--:: ~ < 1~_4l\ \\-Xf\ ,111 \ I {\\I.. 413 323 7156 =~:l"'t ,.f:n';.:, ':,
I ~ 1 (\',:. ,,( (5 <, \ S ~<; ~ ~L- - -a.1I lJ/ __ Fax 413 323 4776 -=~~:~_~--:-/ ~
Joseph Guay
100 Surfside Avenue
P.O. Box 1294
Nantucket, MA 02554
February S, 2007
Re: Site Evaluation with respect to Endangered Species - Fisher Site, 7 West Miacomet
Road, Nantucket, Massachusetts
Dear Mr. Guay:
As required for a Special Permit within a Moorlands Management District from the Town of
Nantucket Zoning Coder we have evaluated the above~referenced site and the proposed work with
respect to endangered plant and animal species. The site is comprised of a combination of coastal
heathland and sandplain grassland surrounding cultural grassland (lawn and pasture). The site
contains a house, a barn and pasture. The proposed work includes the constmction of a one-car
garage and second floor attic addition onto an existing house. All work will be over an existing
brick patio, landscaped area or existing house. According to the Nantucket Zoning Code,
heathlands "represent an extremely fragile and unique environment, and are a rare and endangered
landform of North America". Certain endangered plant and animal species may be supported in
the area. The Massachusetts Natural Heritage and Endangered Species program has included the
area in its "Priority Habitat of Rare Species and also Estimated Habitat of Rare Wildlife" (2006;
USGS Nantucket Quadrangle).
SITE DESCRIPTION
The site consists of a 3.89-acre parcel of land located on the south side of West Miacomet Road
in Nantucket,. Massachusetts. The site. contains a house,. a barn,. outbuildings,. lawn,. and pasture.
There is a small man-made pond'with a liner along the southern property line; this landscape
feature is not under jurisdiction of the Nantucket Wetlands By-law or the Massachusetts Wetlands
Protection Act.
2
The site is primarily lawn (cultural grassland) surrounded by open areas vegetated with grasses and
low shrubs (sandplain grasslands and sandplain heathlands). The area to the north of the site is the
Miacomet Golf Course (cultural grassland, sandplain grassland and sandplain heathland). The
area to the south is managed conservation land (sandplain grassland and sandplain heathland)r
The sandplain grassland and sandplain heathland are habitats that could support threatened or
endangered plant and animal species. The endangered plant species which may be present in the
sandplain grassland or sandplain heathland include Eastern Silvery Aster, Sandplain Flax, Bushy
Rockrose, Sandplain Blue-eyed GraSSy St. Andrew's Cross,. Nantucket Shadbush, Purple
Needlegrass, Purple Cudweed and Papillose Nut-sedge. These areas provide suitable nesting,
fledging and feeding habitat for Short-eared Owl (endangered) and Northern Harrier (threatened).
The cultural grasslands (lawn and landscaped areas) are not suitable habitat for the endangered
plans and do not provide nesting or fledging sites for the two bird species. The birds may use the
areas for taking prey.
PROPOSED WORK
The proposed work involves the construction of a one-car garage addition and a second story attic
over a portion of an existing house. All work will occur over an existing brick. patio, landscaped
area, or existing structure. The one-car garage will be constructed using the existing brick patio as
the floor. The only earthwork will be for installation of footings. The trenches will be dug either
by hand or using a small backhoe and will be completed in less than one day. No other heavy
equipment will be used. Since the extent of the work and the use of machinery will be minimal,
and all work will be over landscaped areas or existing structures, the work will not impact any
species of concern. Since the birds will not use the area immediately around the house for nesting
or fledging, in our opinion, it is not necessary to restrict the timing of this project.
MESA REGULATIONS
The work on the site qualifies for an exemption from the Massachusetts Endangered Species Act
(MESA) regulations. The work involves an addition onto an existing house with less than 50%
expansion of the footprint within either existing footprint or over existing maintained landscaped
area.
The proposed work on the site involves construction of a small garage addition and a second story
attic on a portion of an existing house. The existing main house is approximately 23-97 square feet
in size and its proposed addition is approximately 3-36 ft2; this constitutes a 14% increase. The
second story attic addition is compktdy over the existing footprint. All work will occur within
existing maintained lawn area.
This work qualifies for exemptions from the MESA regulations under Sections 321 CMR (3&4).
Haines
Hydrogeologic
Consulting
3
RECOMMENDA nONS
The following reconunendations have been formulated to protect and preserve the existing and
proposed wildlife habitat values surrormding the site.
Limit outdoor lighting by directing lights downward.
Restrict the use of pesticides and herbicides on the property.
Use indigenous non-invasive species with significant wildhfe value for any new
landscaping.
Establish silt or construction fence no more than 20 feet from the existing and proposed
structures- to limit construction activity on the site
Stabilize any disturbed area with indigenous drought tolerant grasses.
CONCLUSION
The site is within an area recognized as sandplain grassland, coastal heathland and cultural
grassland. Sandplain grassland and coastal heathland surrOtmding the lawn are potential
environments for several endangered plant species and may provide habitat for some endangered
animal species.
The proposed work to construct a one-car garage and a second story attic addition onto an existing
house is small in scale and will take place over an existing house, patio or landscaped area.
Therefore, it will not impact any significant plant species or animal habitats.
If you have any questions, please call.
{I~
David M. Haines
Hydrogeologist/Wetland Scientist
i~N; ~ ;ktt~
-;J;:a Sanders Haines
Ecologist/Wetland Scientist
Haines
Hydrogeologic
Consulting
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CERTIFICATE NO: t/9 7 J I DATE ISSUED: / - 7 - 0 '/
'Appllcatlan to the HISTORIC DISTRICT COMMISSION, Nantucket, Massachusetts. for a
.- CERTIFICATE OF APPROP-RIATENESS./
for structural work. . _
All blanks must be filled In using BLUE OR BLACK INK (no penclQ or marked N/A. ..
NOTE: It is strongly recommended that the applicant be familiar with the HOC guidelines, Building w,llth Ntllbntuck,st In:::n~i,PW)tido submittal of application.
- Please see other side for subtnlttal requlramants.lncomplete applications w I no I rlv IWS y e .
. I.k r tI I - h b d f r Issuance of a Certificate of Appropriateness under Chapter 395 of the Acts and
This is a contractual agreement and mdust brl<e fllledd OU!b1ndnh' A!' apPdlcan ~,nanss derraewYnmgSa ~d ophotOgraphS accompanying this application ana made a part hereof by reference.
Resolves of Mass., 1970. for propose wo as escn e ereln an 0 P', 'II . . . .
The certificate Is valid for three years from date of Issuance: No structure may differ f~om the approved application. Violation may Impede Issuance of ~ertlficate of Occupancy. .
TAX MAP N":
. Date application received:
Mlls1 be acted on by:
Exlended to:
FOR OfAC~ USE ONLY
I!-;; !t, 7
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Fee Paid: $ V7
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PRO.P'ERTY DESCRIPTION I
':I \ PARCEL NO. (f 2.-
.-f i I,' 'I I , {:, 10" IV...... V_.{)
Street & Number of Proposed Work: 0', J\" I;i\, lo'< I vv""\ f '-:?
~ ii'!. .' l~. .:, .' {. .'''1 1 ~ . Ik'~
Owner of record:' .1,:{:Ji. y J." , ('"y. I V--"V'_.<1 ~.
M,,,, '''~, ' :j ~I _ r~r~1'~rY;; ~ ~
-." f'li>\.." f HB\ : \) f (J1 .---
""V d'O'()D .-" ,
Telephone: '! j,:;.- yW . (on Island) (off Island)
AGENT INFORMATION (if applicable)
'1'.1 rn \\,/..' .
\, /0"1" ! I) \1\:1/./
.,,~ ,#" '~;... /"'JI' ,.....""
, I':) A1;~ ,. 't'o' :' f'.
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/-Ii~-:)\"l . (on island)
~:<;.,.
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Name:
Approved:
Chairman:
Member:
Member:
Member:
Member:
Notes. Comments. Restrictions. Conditions
'1
f ".
Disapproved:
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;, II
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,
,
!
Mailing Address:
Tel~phone~
(off Island)
[] New Dwelling 0 Addition
o Color Change 0 Fence
[] Other (please specify)
Size of Structure or Addition: Length:
Width:
DESCRIPTION OF WORK TO BE PERFORMED
See reverse for required documentation.
o Garage/Apartment 0 Commercial 0 Hlstorlcat.Renovatlon 0 Deck 0 Steps
avlng 0 Move 8ullding o Demolition '~Revlslons to previous Cert. No.Jt
. 0 Shed
..f 1, 'V Sq. Foolage 1st floor: ..{~f
Sq. footage 2nd floor: (
Sq. footage 3rd floor:
Diffe!ence bet~een existing grade and proposed finish grade: North
Hel~ht of ridge above final finish grade: North ~ 11/,. .
Additldnal Remarks " . }
Decks:
Size:
Size:
~d( ,
. iI~\
o 1 sl floor 0 2nd floor
o 1 st floor 0 2nd floor
Eai\f! /
1./
Historic Name:
, i l:lfut,l1.,
South i. ilJ v'
.~, "~-!~~"
R~VISIONS' '.1. East Elevation
(describe) i.' i : '.
. ,;- . _ -;,L -,~~Z;~~Ulh fle,vatlon
r ,'. ~ . 'i-" ,:...... .:" !: 3'~ \Vest ~ie~'atlon .
East
Wesf.
West II
~JIC
Original Date:
\
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... ... .:~.
~,.~ .
Oiiginal Builder:
" 4. North Elevation .
. l ' . '
~loud'On'drawlngs and sdbmlt photographs of.'pxlstlng eleva~ons.
, \, DETAIL OF WORK TO BE PERFORMED r' ;::
Foundation: Height Exposed \j 0810ck' 0 Block Parged 08riCk,(type). Ell Poure<f;Concrete 0 Piers'
Masonry Chimney: 0 Block Parged 0 8rlc~ (type) 0 Other. -
Roof Pitch: Main Mass -'12_ Secondary Mass .5...-.J12_ Dormer --.Jf2_ Other
Roofing material: ~S~Il'T-Malll"fl\~~.1:r. j.JlL~ . .
~.Wood (TYPeyFfed ~~~Ile Cedar, Shakes, etc.)
o Other Manutar~l[mfr'
Skylights (flat only): Manufacturer Rough Opening
Manufacturer Rough Opening
Gullers: [] Wood (type) D Aluminum
Leaders (material and size):
Sldewall:D White cedar shingles
[J Other
Trim: A Wood
Is there an HOC survey form for this..bullding? tJ Yes 0 No
Fence: Height:
Type:
Length:
Size
Size
Location
Location
D Copper
D Clapboard (exposure:
Inches)
.-
Front 0
SideD
D Pine 0 Redwood 0 Cedar D Other
o Paint 0 Stain-solid -fJ Natural to weather 0 Clear 011 finish \!
C. Dimensions: Fascia "Y' Rake I 't- ,!) SOffit(Overhang) i ."_. ~ J Comer boards I '(to
Window Casing I v .4 Door Frame I "" 4 Columns/Posls: Round _ Square ~
Windows':[) Double Hung 0 Casement 0 All Wood 0 Other
- [] True Divided Lights(muntins) 0 SOL's (Simulated Divided Lights)
Doors' (type end material):. Front ; H. Rear
Garage Door(s): Type Malerlal
Landscape materials: Driveways Walkways
: Nole: Complete door and window schedules are required.
COLORS
Sidewall ~. .' Clapboard (If applicable) .--'-
Trim;_.; ,/ :,\ Sash '~rl:;{"(.l-yt-{i\~
Deck . '.' ~ -\.",.. ,';, ! ./ Foundation /, ;:'~ :
. Attach manufacturer's color samples if color Is not from HOC approval list.
.,
...:....:.-.\
8. Treatment
Frieze
t' J ~ t. .
Side
1-'\ '
Walls
. :~~~.
......~':.,
Roof
1'-.1 h1.liA.(L
: . J t\\..~~/f \ L-
- Shutters ~--.
Doors
Fence
I hereby authorize the agent named above to act on my behalf 10 make changes in the JP8'clflcatlons or the plans conlalned In this application In order to bring the
application into compliance with the HOC guidelines. I hereby agree to abide by and ~om'ply with the terms and conditions of this application. I hereby agree that the
submission of any ,evlsions to this application will Initiate a new sixty-day review pe/led('r .. /\ ..----~.. _.._._
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
~i-efr-.~(3 , 1997
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
051-97
Owner/Applicant:
CHARLES W. FISHER AND JOAN J. FISHER
'T'RTTS'T'F.F.S OF' F'T~H"RR l\T2'.l\T'T'TT('K1<'T R"R2'.I'I'v 'T'RTT5T AND C'HARl.E~
W. FISHER, II AND CYNTHIA FISHER
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 Decision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
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); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
Assessor's Map 81
Parcel 62
MMD
7 West Miacomet Pond Road
Land Court Plan 17368-A, Lot A4
Cert. of Title 11963
At a Public Hearing of the Nantucket Zoning Board of Appeals held
at 1:00 P.M., Friday, August 8, 1997, in the Selectmen's Meeting Room,
Town and County Building, Broad Street, Nantucket, Massachusetts, on the
Application of CHARLES W. FISHER AND JOAN J. FISHER, TRUSTEES OF FISHER
NANTUCKET REALTY TRUST AND CHARLES W. FISHER, II AND CYNTHIA FISHER, of
P.O. Box 1177, Nantucket, MA 02554, Board of Appeals File No. 051-97, the
Board made the following Decision:
1. Applicants are seeking relief by VARIANCE pursuant to Nantucket
Zoning By-Law ~139-32 from the requirements of Nantucket Zoning By-Law
9139-16 (Intensity Regulations - ground cover ratio). Applicants propose
to enlarge a l201~ square-foot single-familY dwelling by constructing a
670~ square-foot addition onto the northwesterly side of the structure.
Maximum allowable ground cover for the Lot is 1500 square feet. The Locus
is nonconforming as to lot size, having a lot area of 169,594+ square
feet in the Moorlands Management District that requires a minimum lot
area of ten (10) acres and limits the ground cover to 800 square feet or
.5% unless a Special Permit is issued by the Planning Board as specified
in Nantucket Zoning By-Law ~139-l3.
The premises is located at 7 WEST MIACOMET POND ROAD, Assessor's
Map 81, Parcel 62, Land Court Plan l7368-A, Lot A4. The property is
situated in the Moorlands Management District.
2. The Decision is based upon the Application and the materials
submitted with it and the testimony and evidence presented at the
hearing. The Planning Board made a negative recommendation based upon a
split vote of 3-2. There was one (1) letter in opposition on file. One
(1) area resident was at the hearing and spoke in favor of the
Application. One (1) interested party, not an abutter, spoke against the
grant of relief.
3. Applicants, through counsel, represented that the Locus had been
in the family since a time prior to the 1972 enactment of the Zoning
By-Law. The Lot met zoning, with the area previously having been zoned
Limited-Use-General-II (a minimum lot size of 80,000 square feet). The
area was up-zoned in 1984, when the minimum lot size required became ten
(10) acres. Under the original LUG-II zoning the Applicants would have
been entitled to construct up to 6700zsquare feet of ground cover or 4%.
It was further represented that though the additional square footage
proposed totaled 670+ square feet, they were actually asking for relief
for an additional 371~ square feet. The Planning Board has jurisdiction
over all ground cover requests up to a maximum of 1500 square feet for
lots of record. It was stated that the 37/~ square feet of additional
ground cover asked for above the 1500 square feet, was diminimous
considering the size of the lot and further that the additions would not
have any visual impact nor cause any destruction of an endangered
habitat. The property was located at the northern most edge of the
Moorlands Management District (JlMMDJI),70 feet from being sited outside of
the district, and is proximate to the Miacomet Golf Club, a public
enterprise, as well as a well traveled access road to nearby beaches.
Applicants have attempted to design an addition that would maintain
the low profile of the structure to make it less obtrusive, by breaking
up the massing with roof line changes. It was noted that the height of
structures in that area is restricted by By-Law to a maximum of 25 feet
forcing dwellings to maintain a lower profile and build horizontally
rather than vertically to enlarge living space.
Applicant (Charles Fisher, II) stated that he had received
Planning Board approval in 1985 to increase the size of hi~ sing~e-family
three-bedroom dwell ing from 800~ square feet up to 1500 square fe-et. He
pointed out that there were several homes in the area within the MMD that
exceeded the allowable 800 square feet as well as the 1500 maximum square
feet limitation, with some being situated on lots that were smaller than
the Locus. Some of those lots were benefited by subdivision plan freezes
that allowed larger structures. Applicant's lot was not, being an isolated
lot not held in common ownership with adjoining land at any point since
the enactment of zoning. He added that it was necessary to enlarge his
dwelling to four bedrooms to accommodate his expanding family. Decks, that
are not counted as ground cover, will also be used to minimize disturbance
of the natural habitat. Applicant has Historic District Commission
approval, Certificate of Appropriateness No. 29577, for the additions as
proposed. The land was not purchased after the 1984 inception of the MMD
and in fact it was purchased with the understanding that they could
build up to 6700~square feet of ground cover. The Lot does not front on
the ocean or pond, nor is there any dune grass present. The use of the
Lot is solely for residential purposes and more in keeping with the
residences that abut the golf course across the way. There will be no
impact on erosion nor an scenic integrity. The Lot is surrounded by
vacant land. The Applicant further stated that his family was one (1) of
the only year-round Island families in the entire MMD, thus the dwelling
was not used on a part-time seasonal basis as most of the others were.
When he constructed his dwelling in 1984 it was not possible to foresee a
change in personal family circumstances.
4. Therefore, the Board, based upon the above stated testimony, finds
that owing to circumstances relating to the soil conditions, shape or
topography of such land or structures but not affecting generally the
zoning district in which it is located, a literal enforcement of the
provisions of this Zoning By-Law would involve substantial hardship,
financial or otherwise, to the petitioner or appellant, 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 such By-Law. The requested addition of 371+ square feet of ground
cover, above the permitted 15DO SF, 'isdimini;ousand will have little or
no impact upon the scenic oreenvffironmental integrity'of the MMD area.
The Applicants' property is situated in the MMD proximate to a very
heavily used public golf course and a well-traveled road that is used to
access nearby beaches and other area residences. Applicants (Charles and
Cynthia Fisher) face a hardship due to changing family circumstances which
could not be foreseen at the time that the district was upzoned. The Board
fails to see how the addition of 371~ square feet of ground cover, above
the 1500 square feet previouslY permitted by the Nantucket Planning Board,
would constitute a substantial detriment to the public good; nor would a
grant of relief nullify or derogate from the intent or purpose of the
By-Law. The Board further notes that further relief from the Planning
Board is necessary for the proposed project, particularly as it relates to
the addition of open decks that do not count in the calculation for
ground cover.
5. Accordingly, by a vote of four (4) in favor (Williams, O'Mara,
Parent and Madden) and one (1) opposed (Sevrens), the Board GRANTS the
requested VARIANCE under Nantucket zoning By-Law 9139-16A to allow the
addition of up to 670~ square feet of ground cover for a total ground
cover of up to 1871~ square feet upon the following conditions:
a. There shall be no further expansion of the structures without
further relief from the Board of Appeals; and
b. The additions shall be constructed in substantial conformance
with Certificate of Appropriateness No. 29577, issued by the Nantucket
Historic District Commission.
Dated: september,.3 , 1997
T\3Z'mothY Ma.dden
~ ' /
\
Nancy Sevren
TOWN OF NANTUCKET
BOARD OF AP.PEALS
NANTUCKET, MASSACHUSETTS 02554
Date: sg,'fem~--3
, 1997
CERTIFICATE OF GRANTING OF VARIANCE ~~i>>V~~~ix
(Massachusetts General Laws, Chapter 40A, Section 11 .
The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifie.
that a VARIANCE )Q1f~x~ttXXI.XPDEIXXhas been GRANTED:
To:(Owner/Applica~t) Charles W. Fisher and Joan J~ Fisher, Trustees of
Fisher ~antucket Realty Trust and Charles W. Fi~her, II and Cynthia
Fisher (051-97)
Address: P.O. Box 1177. N;:!nt"C'ket. MA 02551
affecting the rights of the Owner/Applicant with respect to land or
building at:
7 West Miacornet Pond Road, Assessor's Map 81, Parcel
62, Land Court Plan l7368-A, Lot A4
Cert. of Title
~xR<<xxX~~ 11963
And the BOARD OF APPEALS further certifies that the attac~ed
Decision is a true and correct copy of its Decision GRANTING the
VARIANCE OCOC~~OCX~RK~X~~~X~~nd that copies of the Decision af;~ of
all plans referred to in the Decision have been filed with the Planni;
Board and the Town Clerk.
The BOARD OF APPEALS calls to the attention of the Owner/
Applicant that General Laws, Chapter 4~A, Section 11 (last paragraph)
provides that no VARIANCEXOCOCoctOC<<xSRR~xgKXRRRNxXX or any EXTENSION,
MODIFICATION or RENEWAL thereof, shall take effect until (a) a CO?y 0
the Decision is certified by the Town Clerk that "TWENTY (20) days hav
elapsed after the Decision has been fil~d in the office of the TOftn
Cletk and no appeal has been filed (or, if such appeal has been filed
that it has been dismissed or denied) and (b) the certified copy is
recorded in the Registry of Deeds' f.or the County of Nantucket and
indexed in the grantor index under the name of the Owner of Record or
is recorded and noted on the Owner's Certificate of Title. The fee fa
such recording or registering shall~be paid by the Owner/Applicant,
_WcP9- CD llli~ ~_~~~ ~unq~
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: f).QQQm ~ (I , 200 2--
To: Parties in Interest and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
fo.l.lowing:
Application N~.: O(Q ( -() 2.-
'Owner/Applicant: C:navl. O\,~ U). 'f1S'Mr ,:It GnrQJ
C~()1M~ f"'c ftJ'NJr'
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 Decision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
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); ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
Assessor's Map 81
Parcel 062
MMD
7 West Miacomet Road
Land Court Plan 17368-A
Cert. of Title 18,676
Lot A4
At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 :00 P.M.,
Friday, October 18,2002, (originally noticed for September 13,2002 and continued
without opening) in the Conference Room, Town Annex Building, 37 Washington Street,
Nantucket, Massachusetts, on the Application of CHARLES W. FISHER, II AND
CYNTHIA PERRY FISHER, of7 West Miacomet Road, Nantucket, Massachusetts,
Board of Appeals File No. 061-02, the Board made the following Decision:
1. Applicants are seeking a MODIFICATION of a VARIANCE granted in the
Decision in BOA File No. 051-97, which allowed construction of additional ground cover
in excess ofthe 0.5% allowed in the Moorlands Management District. In said Decision
Applicants were granted VARIANCE relief under Nantucket Zoning By-law Section
139-16A (Intensity Regulations - ground cover) to increase the ground cover to about
1,847 square feet. Applicants now propose to construct a new attached garage/learning
center of about 48' x 30' and a new addition of about 16' x 7' onto the existing family of
the existing single-family dwelling and construct a detached barn of about 30' x 36'.
The new additions and barn would constitute an additional ground cover of about 2,632
square feet for a total of about 4,479 square feet. The ground cover ratio would increase
from about 1.09% to about 2.64%. The Locus would continue to meet setback, frontage
and parking requirements. In the alternative, Applicants are seeking new relief by
VARIANCE under Nantucket Zoning By-law Section 139-16A. The Locus is
nonconforming as to lot size having a lot area of about 169,594 square feet (about 3.9
acres) in a zone that requires a minimum lot size of 10 acres; and as to ground cover ratio
with the Lot containing about 1.09% in a district that allows 0.5%.
The Premises is located at 7 WEST MIACOMET ROAD, Assessor's Map 81,
Parcel 62, Land Court Plan 17368-A, Lot A4. The property is zoned Moorlands
Management District.
2. The Decision by the Nantucket Zoning Board of Appeals (herein referred to as
the "Board") is based upon the Application and accompanying materials submitted by
Applicants with said Application and the testimony and evidence presented by Applicants
at the hearing on Friday, October 18, 2002. There was no opposition expressed at the
hearing or in writing on file. The Nantucket Planning Board gave a positive
recommendation and granted and approved an Amendment to a previously granted
Special Permit (File No. 5-85) in its Decision No. 18-02. After this Application was
submitted and noticed for a public hearing, the Planning Board held a public hearing.
Relief was granted with conditions to allow additional ground cover, which required
reduction in the scope of proposed work from what was contained in the original notice.
Applicants then appeared before the Zoning Board of Appeals on October 18, 2002 with
a request to reduce their proposal in accordance with the Planning Board conditions,
which was within the scope of the original notice and did not require new notice.
3. Applicants, through counsel and through personal testimony, represented that they
are the title owners ofthe property situated at 7 West Miacomet Road, Nantucket,
Massachusetts, located in the Moorlands Management Zoning District (MMD). The
Applicants' property is a pre-existing nonconforming lot of record as established in the
previous Decision by this Board in File No. 051-97. Applicants now propose to enlarge
the 1,868 square-foot existing single-family dwelling by constructing an addition onto the
dwelling and additionally Applicants desire to construct a detached barn on the subject
property with a total ground cover on the Lot not to exceed 3,335 square feet, reduced
from the about 4,479 square feet as originally noticed, as allowed by the Planning Board
in separate action. The attached addition to the existing single-family dwelling, together
with the detached barn, will create an additional 1,5672: square feet of ground cover. The
proposed attached addition to the existing dwelling and proposed detached barn would
increase the ground cover ratio from 1.102:% to 1.972:%. New site plans were submitted
which showed the approximate building envelopes of the addition and new barn.
However, as the Historic District Commission had not issued a Certificate of
Appropriateness upon which to base a grant of relief in this Decision, no exact footprint
or allocation of specific ground cover was allocated to the addition and detached barn.
All new construction would meet all setback requirements.
Applicants submitted the Nantucket Planning Board Decision No. 18-02, dated
October 3,2002 in which it granted an Amendment to a previously granted Special
Permit (File No. 85-5) which Decision was approved by the Nantucket Planning Board
on October 10,2002, and recorded with the Nantucket Town Clerk on October 16,2002.
Specific conditions were included which are incorporated below in this Board's grant of
relief. An opinion from Haines Hydrogeologic Consulting, dated July 30, 2002 was
submitted in which the conclusion was made that the proposed land use would be in
keeping with the proposed management plan for the adjacent conservation land and
would have no adverse impact on the protected MMD area; in fact, such land use may
enhance the wildlife habitat values of the area.
4. Applicants further represented that the property contains a total of3.9 acres
(169,5942:) square feet. The LOCUS was originally located in the Nantucket Zoning
District classified as LUG-2 established by enactment of the Nantucket Zoning By-Laws
in 1972/1973. The LUG-2 zoning district requires a minimum "buildable" lot size of
80,000 square feet with a ground cover ratio of 4% of existing land area. In 1984,
through approved amendments to the Nantucket Zoning By-Laws, the subject property
was reclassified and up-zoned to the Moorlands Management District (herein referred to
as the "MMD"). The MMD zoning district requires a minimum buildable lot size often
(10) acres with a ground cover ratio of .5% of existing land area,
Nantucket Zoning By-law Section 139-13C provides, in pertinent part, that the
"Planning Board is hereby designated the sole Special Permit granting authority for all
uses, structures and extensions or alterations of uses or structures within the Moorlands
Management District". Under the previous Planning Board Special Permit, dated
September 23, 1985 (Planning Board File No. 5-85), the Planning Board granted the
Applicants relief to allow construction of a single-family dwelling on the subject property
with a ground cover of 1 ,357::t.square feet. The Planning Board found in its decision in
Planning Board File No. 5-85, that the Applicants were entitled to a ground cover of
1,500 square feet in accordance with Nantucket Zoning By-law Section 139-16A
(Intensity Regulations) as affected by Section 139-33E(2)(b) (Pre-existing
Nonconforming Structures/Lots). In fact, the Applicants originally constructed a single-
family dwelling with a ground cover of 1,200:i:: square feet. On December 8, 1997, after a
hearing on an Application by Applicants to modify the Special Permit in Planning Board
File No. 5-85, the Planning Board granted the Applicants a Certificate for Amendment to
said Special Permit approving the construction of a 670:i:: square foot addition onto the
existing 1,200 square-foot year-round single-family dwelling increasing the ground
coverage on the subject property to 1,871:i:: square feet.
On September 3, 1997, the Nantucket Zoning Board of Appeals granted a
Variance in the Decision in File No. 051-97 (Nantucket Registry District Document No.
77354) under Nantucket Zoning By-law Section 139-16A (Intensity Regulations-
ground cover), approving the addition of 670::t.square feet of ground cover on the subject
property increasing the ground coverage to 1871:i:: square feet. In fact, the present ground
cover on the subject property is 1868:i:: square feet.
5. Therefore, based upon the foregoing, the Board finds that the proposed expansion
and alteration (addition) to the existing dwelling and the proposed construction of a
detached barn would not be substantially more detrimental to the neighborhood than the
existing nonconformities, stating that the proposed project would improve the existing
dwelling and have little impact on the neighborhood. In additi~m the Board affirms the
findings made in the grant of relief by Variance in the Decision in BOA File No. 051-97
in this grant of the Modification of said Variance, and finds that due to the uniqueness
and location ofthe Applicants' property within the MMD, i.e., on the outermost northern
part of said district, surrounded by land owned by the Nantucket Land Bank/Miacomet
Golf Club, proximate no other dwellings, and immediately adjacent to the Residentia1-
Commercial-2 zoning district that has a minimum lot size of 5,000 square feet, and owing
to circumstances relating to the soil, shape or topography of such land or structures and
especially affecting such land or structures but not affecting generally the zoning district
in which it is located, a literal enforcement of the provisions ofthis Zoning By-law would
involve substantial hardship, financial or otherwise, 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 such By-law.
6. Accordingly, at the hearing on October 18,2002, by a UNANIMOUS VOTE, the
Board GRANTS the requested MODIFICATION of the VARIANCE previously granted
by this Board in the Decision in BOA File No. 051-97, under Nantucket Zoning By-law
Section 139-16A, to allow the construction of an attached addition to Applicants' single-
family residential dwelling and construction of a detached barn on the subject property
subject to the following conditions, with (a) through (g) consistent with those conditions
imposed by the Nantucket Planning Board in its decision in Special Permit No. 18-02,
with the exclusion the Planning Board's condition (1) as this Board did not require a site
plan indicating size and dimension due to the fact that the Historic District Commission
had not established the footprint of said addition and detached barn as of this hearing:
(a). That the total ground cover shall be limited to a maximum of3,335 square
feet with the barn accounting for a minimum of 600 square feet;
(b). That the barn be used solely for the purpose of housing horses and/or farm
animals and shall not be converted to any other use (i.e. dwelling, workshop, etc.);
(c). That the barn not be used for any type of commercial activity (i.e.
commercial horse riding or boarding for profit);
(d). That in the event the barn should become vacant of farm animals for a
period exceeding three consecutive years, the barn shall be removed by demolition or
relocation from the property and the land be restored to its natural vegetative state;
(e). That all exterior construction shall be limited to August 1 through April 30
of any year in order to minimize disturbance of the breeding cycle of Short-eared Owls
and Northern Harriers;
(t). That no outdoors floodlighting shall be permitted. Any outdoor lighting
shall be limited to either foot lighting or shielded fixtures;
(g). That any disturbed areas be replaced with native plant species in order to
prevent the spread of non-native invasive plant species in the Moorlands Management
District. Any disturbed areas around the proposed barn should be allowed to re-vegetate
naturally. Pesticides and herbicides beyond ten feet from the primary dwelling are
strictly prohibited;
(h) The height of the roof ridgeline of the addition to the single-family
residential dwelling shall not be greater than IS:!: feet;
(i). The height ofthe roof ridgeline of the detached barn shall not be greater
than 22:!: feet;
(061-02)
Dated: DECEMBER~, 20002
C. Richard Lo in
~ IA) C L::b;;t~
~DaleW.~
Edward Murphy
Go- l)~
Edward Sanford
If; /' (J
,!;; I ()
i::;ECEiVED
BOARD OF ASSE.SSORS
JAN 2 5 Z007
TOWN OF
NANTUCKET, MA
Town of Nantucket
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATIER OF THE PETITION OF:
" //1/ k't {'5 t.().]C- 1..::),.:-/ fJIf /7Z=--
l! <.j/77i-J / fJ l1? t'i!.:t/' F f6f/P ,(
PROPERTY OWNER......... ........................ ~.........J,.....................................
7 / )e'<,~^I--I.'n/.f) C{)j~~!fT k' 2) . n/};/) /DtJ<e7/ n?A
MAILING ADDRESS......... kl...... ./.J.... .... .............................."......................
7 /, }::?/--;'--/}1Jf!.-{i///?1e7 ;, /}/! 2J
PROPERTY LOCATION... ... .ti.........Q........ ..... ..<.-. .... /......... t....Y.......................
(j' / -
ASSESSOR MAPIPARCEL........~.. i. .;,(r::/..................................................
i'1--j'-7Zil /1 e t. . "llc2{. -f'li / I). C'L)(2 z. .'
APPLICANT... /j. ........ .-......... j...................................J,......... .j................
SEE ATTACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting property, owners of land
directly opposite on any public or private street or way; and abutters of the abutters and all other
land owners within 300 feet of the property line of owner's property, all as they appear on the
most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 40A
Section 139-29B (2)
~k~ a dHAV
ASSESSOR'S OFFICE
Town of Nantucket
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