HomeMy WebLinkAbout015-08 Barney
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554~
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June 25 ,2008
To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No.:
015-08
Owner/Applicant:
William H., III and Ruth M. Barney
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TWENTY (20) days after this day's
date. Notice of the action with a copy of the complaint and
certified copy of the Decision must be given to the Town Clerk so
as to be received within such TWENTY (20) days.
f~lt 'J, P/~~ L '/i6)
Michael J. O'Mara, Chairman
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
NANTUCKET ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS 02554
Assessor's Map 42.2.4
Parcel 4
Residential-Commercial
25 Commercial Wharf
Plan Book 5, Page 9
Land Court Plan No. 10752-E
Deed Ref. Book 249, Page 229
DECISION
1. At a public hearing of the Nantucket Zoning Board of Appeals, held on Friday,
May 9,2008, at 1:00 P.M., (originally noticed for public hearing on April 11, 2008 and
continued without opening) in the Conference Room in the Town Annex Building, 2
Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on
the Application of WILLIAM H., III AND RUTH M. BARNEY, 2222 Rockingham
Drive, Troy, OH 45373, Board of Appeals FILE NO. 015-08, the Board made the
following Decision:
2. Applicants are seeking relief by Special Permit pursuant to Nantucket Zoning
By-law Section 139-33A (alteration, expansion of a pre-existing, nonconforming
structure or use). Applicants propose to alter and expand a pre-existIng, non-conforming
single-family dwelling on a subminimum lot by constructing a second-floor addition and
raising the structure to place a new foundation under it within the required setback areas.
The addition would be constructed entirely within the existing footprint of the structure
and would come no closer to the lot lines than the existing structure. In addition, the
addition would be constructed outside of the required five-foot side yard setback areas.
However, a portion of the addition would be constructed within the required five-foot
rear yard setback area, with the existing structure being sited as close as zero feet from
the rear yard lot line. The addition itself would not exceed the existing height of the
highest ridge of the structure and would be primarily located over the existing one-story
central portion of the structure. The structure contains one bedroom and after alteration
and expansion, there would be two bedrooms. The locus is served by town water and
sewer. The locus is grandfathered as to the lack of parking and the parking requirement
would not be increased.
As part of the renovation, the structure would be raised up from grade on Commercial
Wharf in order to meet the flood plain requirements as detailed below. The highest point
of the ridge would increase from about 19 feet to about 23 feet above grade of the dirt
portion of Commercial Wharf, though the actual building mass height of the structure
itself would not change. Applicants stated that after application was made to the ZBA for
a new height above mean grade of about 25 feet for the structure after construction of the
new foundation, Applicants were able to obtain a waiver from the Massachusetts
Department of Conservation and Recreation through the Flood Hazard Management
Program, in order to allow a reduction in the required ten-foot elevation compliance to
the eight-foot elevation, on the basis that the structure was determined have historical
relevance, resulting in a new proposed height above mean grade of 23 feet.
Due to the raising in the overall height of the structure, relief is also being sought,
to the extent necessary, by Variance pursuant to Nantucket Zoning By-law Section 139-
32 in order to be allowed to remove and replace the existing boardwalk that is sited
within the required westerly five-foot side yard setback area and to be allowed to add a
stairway within the reconstructed boardwalk in order to access the door on the rear of the
structure. The existing front door on the northerly elevation will no longer be accessible.
To the extent required by the Building Code, the new stairway may be sited closer to the
westerly side yard lot line than the existing boardwalk, which is sited as close as about
one foot.
The Premises is located at 25 COMMERCIAL WHARF, Assessor's Map
42.2.4, Parcel 4, Land Court Plan No.10752-E, and Plan Book 5, Page 9. The property is
zoned Residential-Commercial.
3. Our Decision is based upon the Application and accompanying materials, and
representations and testimony received at our public hearing. The Planning Board made
no recommendation, finding that the Application did not present any issues of planning
concern. There was no written correspondence related to this matter on file and no public
testimony at the public hearing other than that by Applicants' representatives.
4. The locus is nonconforming as to lot size, with the lot containing about 700
square feet oflot area in a zoning district that requires a minimum lot size of 5,000 square
feet; as to ground cover, with the lot containing about 72.9% ground cover ratio in a
district that requires a maximum ground cover ratio of 30% for undersized lots; as to
setbacks with the structure being sited as close as about 2.1 feet from the easterly side
yard lot line, as close as about one foot from the westerly side yard lot line (the
boardwalk, with the structure itself sited as close as about 3.7 feet) and as close as about
zero feet from the rear yard lot line abutting the water's edge, in a district that requires a
minimum side and rear yard setback of five feet; as to frontage with the lot containing
about 35.35 feet along Commercial Wharf in a district that requires a minimum frontage
of 40 feet; and as to parking, with the parking area servicing the lot being sited within the
layout of Commercial Wharf. The lot is conforming as to front yard setback and height
requirements.
5. Applicants, through their representatives, stated that the family of Applicant
William H. Barney, III. has owned the property since 1905 separately from any adjacent
properties and the lot is thus considered a lot of record. The structure was more likely
used as a fishing shack prior to that time and dates from the late 1800's. At a point in
time between 1905 and the 1920's the family added the two-story addition on the easterly
side of the one-story shack to convert the structure into an un-winterized summer cottage.
The cottage has remained substantially unchanged since that time. The family has
increased in size over the past 102 years of ownership and the Applicants desire to
provide a small second bedroom and bathroom for their children and grandchildren,
while trying to keep the small, summer cottage aspect of the structure. There is no other
possibility of expansion given that the lot appears to be the smallest individually held lot
on Commercial Wharf and there is little ability to expand the ground cover.
6. Applicants represented that the locus is situated within "Zone V8" that has a
requirement of an "elevation" of ten feet according to National Geodetic Vertical Datum
as shown upon a small portion of a redaction of the map (Exhibit A) on file with the
Nantucket Zoning Board of Appeals ("ZBA"). The structure is currently sited with an
elevation of about 4.7 feet. This area is considered a "high-velocity" zone that has the
potential for severe damage from wave action during a storm. Properties in this zone
proximate to the water are subject to more stringent elevation requirements, even more so
than those abutting the Easy Street basin along Old North Wharf that has a requirement
of only eight feet as an example. As a further illustration, the ZBA has considered
applications and subsequently granted both Special Permit and Variance relief for
property owners with structures in the Brant Point area that have a less onerous elevation
requirement of eight feet. In some cases the ZBA has granted relief to raise structures up
on new foundations that resulted in heights in excess of the maximum height requirement
of 30 feet. The requirement to meet current standards has been triggered by the
Applicants' proposal to construct a new foundation under the dwelling and new second
floor space above the existing footprint. The structure would not be removed from the
site to do the work but would be raised in place. The existing deck that is situated over
the water on the southerly side of the structure and thus outside of the lot lines, would be
temporarily removed during construction and replaced at the appropriate increased
height. In addition, the measurement is calculated differently in Zone V8. In other zones,
such as Zone A 7, that encompasses most of Old North Wharf, elevation is taken from
first floor height. In Zone V8 elevation is taken from the bottom of the sill, requiring the
structures in this zone to come even farther above mean grade.
7. Applicants represented that the structure is currently situated entirely on the dirt
portion of Commercial Wharf, with only the deck on the southerly side of the structure
being sited over the water. The sills of the structure are compromised by rot due to being
sited in part directly on top of the existing wooden main bearing beam, with a dimension
of about 14" x 14", that runs under Commercial Wharf. It is visible in the southerly
elevation photo from 2007 on file with the ZBA (Exhibit C). The beam was placed under
the existing stone cap when Commercial Wharf was constructed in the 1800's. The
structure has begun to shift and sink along with the underlying wooden beam. To
stabilize the cottage, a new foundation is necessary to be constructed.
In this case, the structure would continue to meet the maximum 30-foot height
requirement. The primary entry is currently at grade level on the northerly side of the
structure and sited at about zero feet from that lot line. Once the dwelling is raised up on
the new foundation to meet elevation requirements, a new set of stairs would have to be
constructed within the area of the existing boardwalk on the westerly side of the structure
in order to enter the house from a side door. There would no longer be any ability to
access the property from the existing front door on the northerly side as no new stairs
could be constructed that would be located entirely within the lot lines of the locus that
would allow access to the raised up front door.
8. Included in the file (Exhibit B) are the proposed elevation plans for the addition,
that had not received a final certificate of appropriateness from the Nantucket Historic
District Commission at the time of the ZBA public hearing. Applicants stated that the
one-story profile of the structure would be maintained on the westerly side and there
would be minimal changes to the two-story section on the easterly side. As visible on the
proposed elevations, the new addition would be constructed within the existing footprint
and would be lower in height than the existing two-story addition. Also visible on the
west elevation is the new set of stairs that would be used as the new access to the
dwelling. Currently, a boardwalk is constructed on that side that is used to access the
existing waterside deck and door. Should building code requirements be such that the
new stairway be a certain width, Applicants would need a grant of Variance relief to
allow the stairway construction and replacement of the boardwalk. It is currently
proposed that the new stairs would not come any closer to the westerly side yard lot line
than the existing boardwalk, which would temporarily have to be removed during
construction of the new foundation. Applicants are seeking permission to remove and
replace the boardwalk portion during construction within the westerly required five-foot
setback area.
9. Included in the file (Exhibit C) are a series of photographs. One set shows the
current status of the dwelling in 2007. Applicants stated that there have been minimal
structural changes to the building since about the 1920's. The earliest photograph
available is from about 1904 showing the existing one-story portion of the structure
substantially in the present location. The next two photographs are from the 1920's
showing that the two-story addition had already been constructed, substantially as it is
shown today. The last photo is from 1939 and shows the structure as presently configured
and massed in context with the surrounding structures. Since that time, the surrounding
Straight Wharf area has been entirely reconstructed and much larger structures have been
built in the immediate area, including along the westerly end of the Commercial Wharf.
The photographs clearly show that the structure is validly grandfathered as to siting,
ground cover and parking as having existed prior to the 1972 enactment of the Nantucket
Zoning By-law. The shifting and sinking of portions of the structure can also be seen on
the elevation photographs taken in 2007.
10. Included in the file (Exhibit D) is the overall plan of Commercial Wharf done by
William F. Codd on September 20, 1911. The Applicants' property is clearly identified
on the plan showing the locus in its current configuration and owned by an ancestor of
Applicant William H. Barney, III, Alanson C. Barney, as a separate and distinct lot from
all adjacent parcels. This plan also shows the original footprint of the one-story section of
the. current dwelling. The second plan is the first Land Court Plan No. 10752 for
Commercial Wharf, done by William S. Swift on February 19, 1925. The Barney lot is
clearly shown with substantially the same dimensions as shown on the current site plan.
In addition, the two-story addition has been added to the footprint and situated as shown
today. These plans support the Applicants' claim that the locus is a validly grandfathered
lot of record.
11. The surveyed site plan on file (Exhibit E), dated October 16, 2007, done by
Bracken Engineering, Inc., shows the current conditions on the site. The Applicants
stated that the second plan shows that the nonconforming ground cover and setback
distances would not be made more nonconforming as a result of the construction of the
second floor addition. It also shows the area of the boardwalk and new stairway to be
constructed on the westerly side of the dwelling.
12. Therefore, based upon the foregoing, the Board finds that the structure and locus
are validly grandfathered as to dimensional nonconformities and thus Special Permit
relief is available for the proposal. A grant of the requested relief by Special Permit
would not create a situation that would be substantially more detrimental to the
neighborhood than the existing nonconformities as the nonconforming ground cover and
setback distances of the existing single-family dwelling and the dimensional
nonconformities of the lot would not be made more nonconforming. There would also be
would no increase in the parking requirements. The resulting new ridge height of about
23 feet as required to meet the stringent flood plain requirements in this zone would not
exceed the maximum height requirement of 30 feet. The addition of about 180 square feet
of second floor interior living space within the existing foot print would not create a
structure that would be out of scale with the existing structures along Commercial Wharf
and would be in context with the neighborhood in general. Raising the structure would
also protect the historic structure from further damage due to structural compromise at
the foundation level.
In addition, the Board finds that a grant of Variance relief, to the extent necessary,
to construct a new boardwalk and entry stairs on the westerly side of the structure, could
be supported given that the lot is a lot of record containing a structure that pre-dates the
1972 enactment of the Nantucket Zoning By-law. The ZBA finds that owing to the
unique circumstances related to the soil conditions, with the locus being situated on an
earthen/rock historic wharf immediately proximate the water, shape and topography of
the structure and land, with the historic structure being sited on a small lot that is
bounded by water on the south and a common wharf area on the north, and especially
affecting such land or structures but not affecting generally the zoning district in which it
is located, given that a large portion of the Residential-Commercial zoning district within
which the locus is situated, is not affected by such stringent flood plain requirements or
situated directly proximate the water. In addition, a literal enforcement of the provisions
of the Zoning By-law would involve substantial hardship to the Applicants as the
structure's stability is being compromised by the rotting sill under Commercial Wharf
and the requirement to raise the structure would make the existing front door inaccessible
and thus the structure would require an alternate access route. The desirable relief to
remove and replace the existing boardwalk and add new stairs within the required
westerly five-foot side yard setback area could be granted without substantial detriment
to the public good and would not nullify or substantially derogate from the intent or
purpose of the Zoning By-law, particularly as the boardwalk seems to have existed within
the westerly required five-foot side yard setback area for some time without incident.
(ZBA File No. 015-08)
13. Accordingly, the Board of Appeals, by a UNANIMOUS vote, GRANTS the
requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section
139-33A and, by the same vote, relief by VARIANCE pursuant to Nantucket Zoning By-
law Section 139-16A to alter and expand the structure as proposed above. The relief is
hereby conditioned upon the following:
a. The structure as expanded shall have a maximum ridge height of about 23
feet above mean grade;
b. There shall be no exterior construction related to the project herein
permitted between May 1 and October 1 of any given year;
c. All work shall be done in substantial compliance with the site plan entitled
"Existing Conditions Plan in Nantucket, MA" prepared by Bracken
Engineering, Inc. and dated March 19,2008; and
d. The structure will conform to HDC Certificate of Appropriateness No.
52097.
SIGNATURE PAGE TO FOLLOW
Dated: J U!lv( ,1 <) , 2008.
Dale Waine.7?
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COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. June as-, 2008
On this d S-day of JUJL< ,2008, before me, the undersigned Notary
Public, personally appeared ~"'- 6, /hulli , who is
personally known to me, and who is the person whose name is signed on the preceding or
attached document, and who acknowledged to me that he/she signed it voluntarily for its
stated purpose.
~~f;/!k1L
Notary Public: JlrIt<S~K'. M.~
My commission expires: Mt.ti-eI1 tiJ,),p1&I3-
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPUCATION
Fee: $300.00
File No. a 1~.OI
Owner's name (s): William H., III & Ruth M. Barney
Mailing address: 2222 Rockingham DRive, Troy, OR 45373
Phone Number: 937-335-0909
E-Mail:
Applicant's name(s): (same)
Mailing Address: (same)
Va \.e'4'I'e Not'~
Phone Number:Agent: 508-228-998"7 E-Mail:preserve@nantucket.net
Locus Address: 25 Commercial Wharf Assessor's Map/Parcel: 42 .2.4-4
Land Court Plan/Plan Book & Page/Plan File No.: Plan Bk 5, Page 9/J.0752-E
Deed Reference/Certificate of Title: 249/229 Zoning District RC
Uses on Lot- Commercial: None X Yes (describe)
Residential: Number of dwellings one Duplex
Apartments
Date of Structure(s): all pre-date 7/72 x or
Building Permit Numbers:
Previous Zoning Board Application Numbers: none
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Print Form
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State below or attach a separate addendum of specific special permits or variance relief applying for:
[AJ.p Q I!f 0 civ. cJ! 0 d cJ&t,d.u m)
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
SIGNATURE:
Owner*
SIGNATURE: \/ ~ y.}:. 1\~ Applicant/Attom~
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on~/ _/ _ By~ Complete~ Need Copies:
Filed with Town Clerk:J J _ Planning Board:J J _ Building Dept.:J _/ _ ~
Fee deposited with Town Treasurer:J _/ _ By: Waiver requested: -
Granted~/ _/ _ Hearing notice posted with Town Clerk:_/ J Mailed:/" /
I~/ _/ _ & _/ _/ _ Hearing(s) held on~/ _/ _ Opened on: 7 7 -
Continued to:_/ _/ _ Withdrawn~/ _/ _ Decision Due By: T T -
Made~/ _/ _ Filed w/Town Clerk~/ _/ _ Mailed:_/ /--
2 Fairgrounds Road Nantucket Massachusetts 02554i508-228-7215 telephone 508-228-7298 facsimile
ADDENDUM
Applicants are seeking relief by Special Permit pursuant to Nantucket Zoning By-law
Section 139-33A (alteratio~ expansion of a pre-existing, nonconforming structure or
use). Applicants propose to alter and expand a pre-existing, non-conforming single-
family dwelling on a subminimum lot by constructing a second-floor addition and raising
the structure to place a new foundation under it within the required setback areas. The
addition would be constructed entirely within the existing footprint of the structure and
would come no closer to the lot lines than the existing structure. In addition, the addition
would be constructed outside of the required five-foot side yard setback areas. However,
a portion of the addition would be constructed within the required five-foot rear yard
setback area, with the existing structure being sited as close as zero feet from the rear
yard lot line. The addition itself would not exceed the existing height of the highest ridge
of the structure and would be primarily located over the existing one-story central portion
of the structure. The structure contains one bedroom and after alteration and expansion,
there would be two bedrooms. The locus is served by town water and sewer. The locus is
grandfathered as to the lack of parking and the parking requirement would not be
increased.
As part of the renovation, the structure would be raised up from grade on Commercial
Wharf in order to meet the flood plain requirements as detailed below. The highest point
of the ridge would increase from about 19 feet to about 25 feet above grade of the dirt
portion of Commercial Wharf, though the actual building height of the structure itself
would not change. Due to the raising in height of the structure, relief is also being sought,
to the extent necessary, by Variance pursuant to Nantucket Zoning By-law Section 139-
16A in order to be allowed to remove and replace the existing boardwalk that is sited
within the required westerly five-foot side yard setback area and to be allowed to add a
stairway within the reconstructed boardwalk in order to access the door on the rear of the
structure. The existing front door on the northerly elevation will no longer be accessible.
To the extent required by the Building Code, the new stairway may be sited closer to the
westerly side yard lot line than the existing boardwalk, which is sited as close as about
one foot.
History of the Locus:
The family of Applicant William H. Barney, III. has owned the property since 1905
separately from any adjacent properties. The structure was more likely used as a fishing
shack prior to that time and dates from the late 1800's. At a point in time between 1905
and the 1920's the family added the two-story addition on the easterly side of the one-
story shack to convert the structure into an un-,winterized summer cottage. The cottage
has remained substantially unchanged since that time. The family has increased in size
over the past 102 years of ownership and the Applicants desire to provide a small second
bedroom and bathroom for their children and grandchildre~ while trying to keep the
small, summer cottage aspect of the structure. There is no other possibility of expansion
given that the lot appears to be the smallest individually held lotson Commercial Wharf.
Existing Nonconjormities:
The locus is nonconforming as to lot size, with the lot containing about 700 square feet of
lot area in a zoning district that requires a minimum lot size of 5,000 square feet; as to
ground cover, with the lot containing about 72.9% ground cover ratio in a district that
requires a maximum ground cover ratio of 30010 for undersized lots; as to setbacks with
the structure being sited as close as about 2.1 feet from the easterly side yard lot line, as
close as about one foot from the westerly side yard lot line (the boardwalk, with the
structure itself sited as close as about 3.7 feet) and as close as about zero feet from the
rear yard lot line abutting the water's edge, in a district that requires a minimum side and
rear yard setback of five feet; as to frontage with the lot containing about 35.35 feet along
Commercial Wharf in a district that requires a minimum frontage of 40 feet; and as to
parking, with the parking area servicing the lot being sited within the layout of
Commercial Wharf. The lot is conforming as to front yard setback and height
requirements.
Exhibit A:
The locus is situated within "Zone V8" that has a requirement of an elevation of ten feet
according to National Geodetic Vertical Datum as shown upon, a small portion of which
is included in Exhibit A. This area is considered a "high-velocity" zone that has the
potential for severe damage from wave action during a storm. The locus is subject to an
increase in the requirements for properties located proximate the water, even more so
than those abutting the Easy Street basin along Old North Wharf that has a requirement
of only eight feet. As a further illustration, the ZBA has dealt with structures in the Brant
Point area that have an elevation requirement of eight feet and have had to be raised up
on new foundations, some needing to exceed the maximum height requirement of 30 feet.
The requirement to meet current standards has been triggered by the Applicants' desire to
construct a new foundation under the dwelling. The structure would not be removed from
the site to do the work but would be raised in place. In addition, the measurement is
calculated differently in Zone V8. In other zones, such as Zone A 7, that encompasses
most of Old North Wharf, elevation is taken from first floor height. In Zone V8 elevation
is taken from the bottom of the sill, requiring the structures in this zone to come even
farther out of the ground.
The structure is currently sitting entirely on the dirt portion of Commercial Wharf, with
only the deck on the southerly side of the structure being sited over the water. The sills of
the structure are compromised by rot due to being sited in part directly on top of the
existing wooden main bearing beam, with a dimension of about 14" x 14", that runs
under Commercial Wharf. It is visible in the southerly elevation photo from 2007
contained in Exhibit C. The beam was placed under the existing stone cap when
Commercial Wharf was constructed in the 1800's. The structure has begun to shift and
sink along with the underlying wooden beam. To stabilize the cottage, a new foundation
is necessary to be constructed.
In this case, the structure would continue to meet the height requirement.. The structure is
currently sited with an elevation of about 4.7 feet. Applicants propose to raise the
structure up on a new foundation. As entry is currently at grade level, a new set of stairs
would have to be constructed within the area of the existing boardwalk on the westerly
side of the structure in order to enter the house from a side door. There would no longer
be any ability to access the property from the front door on the northerly side as no stairs
could be constructed that would be located entirely within the lot lines of the locus.
Exhibit B:
Included are the proposed elevation plans for the addition. The one-story profile of the
structure would be maintained on the westerly side and there would be minimal changes
to the two-story section on the easterly side. As visible on the proposed elevations, the
new addition would be constructed within the existing footprint and would be lower in
height than the existing two-story addition. Also visible on the west elevation is the new
set of stairs that would be used as the new access to the dwelling. Currently, a boardwalk
is constructed on that side that is used to access the existing waterside deck and door.
Should building code requirements require that the new the stairway be a certain width,
Applicants would need a grant of Variance relief to allow the stairway construction. It is
currently proposed that the new stairs would not come any closer to the westerly side
yard lot line than the existing boardwalk, which would temporarily have to be removed
during construction of the new foundation.
Exhibit c:
Included are a series of photographs. One set shows the current status of the dwelling in
2007. There have been minimal structuml changes to the building since about the 1920's.
The earliest photograph available is from about 1904 showing the existing one-story
portion of the structure substantially in the present location. The next two photographs
are from the 1920's showing that the two-story addition had already been constructed,
substantially as it is shown today. The last photo is from 1939 and shows the structure as
presently configured and massed in context with the surrounding structures. Since that
time, the surrounding Straight Wharf area has been entirely reconstructed and much
larger structures have been built in the immediate area. The photographs clearly show
that the structure is validly grandfathered as to siting, ground cover and parking as having
existed prior to the 1972 enactment of the Nantucket Zoning By-law. The shifting and
sinking of portions of the structure can also be seen on the elevation photographs taken in
2007.
Exhibit D:
The first plan is the overall plan of Commercial Wharf done by William F. Codd on
September 20, 1911. The Applicants' property is clearly identified on the plan showing
the locus in its current configuration and owned by an ancestor of Applicant William H.
Barney, III, Alanson C. Barney, as a separate and distinct lot from all adjacent parcels.
This plan also shows the original footprint of the one-story section of the current
dwelling. The second plan is the first Land Court Plan No. 10752 for Commercial Wharf,
done by William S. Swift on February 19, 1925. The Barney lot is clearly shown with
substantially the same dimensions as shown on the current site plan. In addition, the twO-
story addition has been added to the footprint and situated as shown today. These plans
support the Applicants' claim that the locus is a validly grandfathered lot of record.
Exhibit E:
The first plan is the surveyed site plan dated October 16, 2007, done by Bracken
Engineering, Inc., showing the current conditions on the site. The second plan shows that
the nonconforming ground cover and setback distances would not be made more
nonconforming as a result of the construction of the second floor addition. It also shows
the area of the boardwalk and new stairway on the westerly side of the dwelling.
Conclusion/Findings:
The structure and locus are validly grandfathered as to dimensional nonconformities and
thus Special Permit relief is available for the proposal. A grant of the requested relief by
Special Permit would not create a situation that would be substantially more detrimental
to the neighborhood than the existing nonconformities as the existing nonconforming
ground cover and setback distances of the existing single-family dwelling or the
dimensional nonconformities of the lot would not be made more nonconforming. There
would also be would no increase in the parking requirements. The resulting new height of
about 25 feet as required to meet the stringent flood plain requirements in this zone
would not exceed the maximwn height requirement of 30 feet. The addition of about 180
square feet of interior living space within the existing foot print would not create a
structure that would be out of scale with the existing structures along Commercial Wharf
and would be in context with the neighborhood in general. Raising the structure would
also protect the historic structure from further damage due to structural compromise at
the foundation level.
In addition, a grant of Variance relief, to the extent necessary, to construct new entry
stairs on the westerly side of the structure, could be supported given that the lot is a lot of
record containing a structure that pre-dates the 1972 enactment of the Nantucket Zoning
By-law. The ZBA could find that owing to the unique circwnstances related to the soil
conditions, with the locus being situated on an earthen/rock historic wharf immediately
proximate the water, shape and topography of the structure and land, with the historic
structure being sited on a small lot that is bounded by water on the south and a common
wharf area on the north, and especially affecting such land or structures but not affecting
generally the zoning district in which it is located, given that a large portion of the
Residential-Commercial zoning district within which the locus is situated, is not affected
by flood plain requirements or situated directly proximate the water. In addition, a literal
enforcement of the provisions of the Zoning By-law would involve substantial hardship
to the Applicants as the structure's stability is being compromised by the rotting sill and
the requirement to raise the structure would make the existing front door inaccessible.
The desirable relief to remove and replace the existing boardwalk and add new stairs
within the required westerly five-foot side yard setback area could be granted without
substantial detriment to the public good and would not nullify or substantially derogate
from the intent or purpose of the Zoning By-law.
02/27/08 WED 13:31 FAX 640 8761
DUNLEVEY MAlIAN &; FURRY
III 002
William H. Barney, III
2222 Rockingham Drive
Troy, Ohio 45373
February 27, 2008
RE: 25 Commercial Wharf/Agent Assignment
To Whom it May Concern,
Please be advised that Valerie Norton of Norton Preservation Trust will be acting
on OUf behalf for the project at 25 Commercial Wharf. She has our pennission to
file all appropriate materials to the following boards, or any others that are deemed
necessary for the project.
-Nantucket Zoning Board of Appeals
-Nantucket Conservation Commission
-Historic District Commission
-Nantucket Building Department
-Mass Department of Environmental Protection
Thank you in advance for your assistance.
Sincerely,
William H. Barney, III
Town of Nantucket Web GIS - Printable Map
Page 1 of 1
Town of Nantucket Web GIS
Prop ID
Address
Sale D8te
Sale Price
Book/P8ge
Lot Size
42.2.4 4
25 COMMERCIAL WF
05/23/1986
$0
00249/ 229
0.02 acres
8
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Disclaimer 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
Geographic Information System (GIS) database.
Town of Nantucket, Massachusetts
Map Composed
3/8/2008
Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo
http://host.appgeo.comlnantucketmaIPrlntableMap.aspx?Preserve=Width&Map Width=864...
3/8/2008
Page 1 of 1
Town of Nantucket Web GIS - Printable Map
Town of Nantucket Web GIS
42.2.4 4
25 COMMERCIAL WF
05/23/1986
$0
002491 229
0.02 acres
Prop ID
Address
Sale D.te
S.le Price
Book/P.ge
Lot Size
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Disclaimer 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
Geographic Information System (GIS) database.
Town of Nantucket, Massachusetts
Map Composed
3/8/2008
Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo
http://host.appgeo.com/nantucketmalPrintableMap.aspx?Preserve=Width&Map Width=216...
3/8/2008
Town of Nantucket Web GIS - Printable Map
Page 1 of I
Town of Nantucket Web GIS
Prop ID
Addre..
Sale Date
Sale Price
Book/Page
Lot Size
42.2.4 4
25 COMMERCIAL WF
OS/23/1986
$0
00249/ 229
0.02 acres
e
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Disclaimer 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
Geographic Information System (GIS) database.
Town of Nantucket. Massachusetts
Map Composed
3/8/2008
Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo
http://host.appgeo.com/nantucketmalPrintableMap.aspx?Preserve=Width&Map Width=864...
3/8/2008
.~~
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Town of Nantucket
sa .RECEnIEo
~RO OF ASsr,~::r.
~j
FEe 1 1 2008
TOWN OF
NANTUCI<eT, MA
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER. .W.\.I:-:-~If.n-:1. .~. f.;m.. :~." .~'])t.. H .'. ~~
MAILING ADDRESS.l: ?-:-'~~ ..~. ~.t:-?~.~. ::~., ::r.~~j 1:9M. . ~S ~ '13
PROPERTY LOCATION.. 2..S. .,::::.<;:)t7':t.r:-:1~.C:::L.~~. .~...........
ASSESSOR MAP/P ARCEL.. .4.?:--.~ ~~:-+. :7.~.. . .. . .. . .. ...... ... . .. . ... .. . .. . ..... . .
APPLICANT. V:~f{:;:.,.. .N??~N... ..c.~~~~. .~. .~:2:-.'Q.-cq~ '8~
SEE ATTACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting
property, owners ofland 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 139-2
d-!/{/d
DATE ( I
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ASS~FFICE; \
Town of Nantucket
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The point of beginnin, i. .hOWD on . cert.in Pl.n
of Co.aerctal Wharf, Nantucket, N...., .urVeyed by ~.
P. Codd, Septe.ber 20, 1911, and entered with Nantucket
Deed. July S, 1'12, in Book of P1.n. No. S, p.,e t, and
.180 on a Suney of C~rcial Wharf ..de by. _. P.
SWift, C. I., rebruary 1', l'a5, for Grace D. Barne. in
connection with Land Court Applic.tion No. 107Sa-A, aald
point of beginning bein, an iron pipe bound aet in the
ea.t line of l.nd of Reuben C. Saal1'at a di.tance of
eighteen and 1/10 (18.IJ feet northerly froa the .outh
edge of .aid whad, thence aoutherly alOllg .dd eaat
line of ..1d .-.11'. land and at right angle. with the
Une of .dd wharf, eighteen and 8/10 (18. I J feet to the
edge ot the wbarf and thence into tbe harbor .. far ..
tb. Wharf ovn.nhip ext.nd., beginning a,ain .t hid
la.t ..ntioned irOll pipe bound, thence e.aterly along
land of GraCe Davi. Barne. tbirty-.ix .nd 35/100 C35.35)
feet to an iron pipe bo~d .et in the ground in the we.t
Une of adellend of Iarne., thence aoutherly alony .Ud
land of Iarne. i'n a line parallel with the ea.t 1 n. of
.aid Saall'. land eighteen and 35/100 C18.35) teet to
the edge of the vIlarf anel in tile .... directloa into tb.
h.rbor a. far a. hid Whad ownership eateaeJa. 8aid
tnct 18 ,bo~ded .outherly by the barboI'.
Together witb tbe rlgbt. of way d..cribed La tbe
deed of partition, hereinafter refened to, .. bela,
appurtenant. to th. 1anel .et apart to AlanaOft 8. larney
In ..id deed. leln, the .... pr..l... wblch were .et
apart in .everdt, to Al.nton 8. Bauer ia .DeI by a
t certain cIeecI N .'r....nt of parUtlOft aftCI dlYi.ion
. , exeouteel by Grace Davia Barne., .e"ben c. ...U, hid
II Ala..on I. larney aftCI otbeu, dated January 25, 1112,
Ii aad recorded IU1, 5, 1'12 with Kaatack.t co.nt, Deeds,
:1 Book 95, pave 24'.
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j' refu"ed to elated J......qr 21, 1'12.
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/11, 1'0&' IIY titl. ... .... b_ WU1iM B. """7 to O.v"d W. ...."n
I'eco&'ded & ...t...., Deeds 8oo1e' 10., .... 113, Ie'at. of _vid
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QUITCLAIM DIID
I, WILLIAM H. BARNIY, of Port 'alonfa, New fork, for
con81deraUon paid, and in flail c:onaideraUon of . grant to WILLIAM
R. IARNBI, III and RUTH M. IARNEY, hu.band and wif., .'a. joint
tenant. with rigbt of ...rv!vor.hip, of 1710 'eter.. Road, Troy,
Ohio, 45373, with qUitclaim Covenant. a one-fourth (1/4) uneliva~d
int.eren in tbat certain piece or p.tl'ce1 of land with the buUeliD,'
&lid iIIprovellenta thereon, situated on the C~erCi.l Whart ill t"
'fovn and County ot Nantucket, ......c:h....tt., which aaid parcell.
~uaded and de.crlbed a. follow..
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NORTON PRESERVATION TRUST
& NORTON DESIGN ASSOCIATES
P.o. BOX 476 NANTUCKET !.fA. 02SS4
PH 508 2219987 FAX 508 228 7882
SCALE ~ II . .
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New Historic Images Search
Record no. 37 of 63
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Image Number
P14247
Location
C!.. \ ~c.A- l, 2- C>:S
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Record no. 36 of 63
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Image Number
P14246
Location
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Record no. 43 of 63
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Image Number
P19157
Location
Regular sized P-prints
Process
Black-and-white photographic print
Format or Mount
Paper
Size
6 x 9 cm
Photographer or Artist
Unknown
Date
1939 November (circa) .
EXHIBIT D