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Home My WebLink About050-05 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: S-g:;rernb-er ~, 200S' To: Parties in Interest and Others concerned with the DecrS-Iem 6f the BOARD OF APPEALS in the Application of the following: Application No.: OS()- oS- Owner/Applicant: &foVIQ- In. t>OPJIUT 8RpDllt}rls [, 't~ ~tf) atJf,. and f(-j('" ~rep/'Of)/~<.1Je(Jctff){).1I) 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 com.laint 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 Y139-30I (SPECIAL PERMITS); 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 Assessor's Map 29, Parcel 4 75 Hulbert Avenue Residential-Commercial Land Court Plan 8472-A Cert. Of Title 4074 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, September 9,2005, at 1:00 P.M., continued to January 9, 2004 in the Conference Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of OCT A VIA M. DUPONT BREDIN, as life tenant under the will of John Bruce Bredin, deceased, and for STEPHANIE SPEAKMAN, of 2205 Old Kennelt Road, Wilmington, DE 19899, and c/o Denise Ertle, 4th floor, PO Box 730, Wilmington, DE 19899, BOA File No. 050-05: 2. Applicant is seeking reliefby SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A (alteration/expansion of a pre-existing nonconforming structure/use). Applicant proposes to abandon the kitchen/dwelling use in the pre-existing garage/apartment. The dwelling unit, one of three pre-existing dwellings on the lot, would be relocated to a proposed new structure that would be so sited as to be conforming as to setbacks and ground cover. The lot would continue to contain three separate dwelling units, a garage and a boat house. The garage structure would be moved to a new conforming location to the south if its present site. The Locus is nonconforming as to use, containing three separate dwelling units, a main dwelling, a garage/dwelling structure, and a cottage, when a maximum of two dwellings are allowed on one lot in this zoning district. In addition, the Locus is nonconforming as to rear yard setback with the boathouse being sited as close as about 0.9 feet from the northwesterly rear yard lot line, in a district that requires a minimum rear yard setback of five feet. The Locus is conforming as to ground cover, lot size, frontage, parking and all other setback requirements. To the extent necessary, the Applicant is also seeking modification of the previous permit in the Decision in BOA File No. 088-03 which established the grandfathering of the three dwelling units on the Premises. The Premises is located at 75 HULBERT AVENUE, Assessor's Map 29, Parcel 4, Land Court Plan 8472-A, Lot 4. 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 recommendation was that no matters of planning concern were presented. Except for the presentation by the Applicant's representatives, there was no support or opposition presented at the public hearing. 4. Applicant, through counsel, stated that the property was benefited by a previous grant of Special Permit relief in the Decision in BOA File No. 088-03 that allowed the reconstruction and move of one of the cottage, one of three dwelling units on the site. During that public hearing process the Applicant presented an affidavit from a former resident of the locus, George W. Fraker, which clarified the history of the locus and confirmed the pre-existing 1 nonconforming status of the three dwellings thereon. The affidavit stated, among other pertinent facts, that the subject structure, i.e., the garage/apartment, had been a bathhouse at one time and had been converted to a garage, with a small apartment at the rear of the garage. The affidavit also stated that this apartment was occupied by Mr. Fraker's chauffeur and his wife for many years. The Applicant's family purchased the property from Mr. Fraker in 1950 and had made little alteration to the property since that time. Applicant further stated that these structures had continued in the same location and use up to the present time. The present Application is brought as the Applicant proposes to alter the existing garage apartment by removing the dwelling unit and constructing a new structure that would contain the third dwelling unit. The remaining structure would be used solely for garage purposes and would be moved to a conforming location farther to the south on the lot. Though all work to be performed would be conforming, this project would involve alteration to the pre- existing, nonconforming condition upon the locus as to the use with three dwelling units, and accordingly the Applicant has requested a Special Permit under By-law 9139-33.A for the alteration of the pre-existing, nonconforming conditions upon the locus. The relocated garage and new cottage would conform to all dimensional zoning requirements, and no work is proposed which would affect the nonconformities of the boathouse or the number of dwelling units. The existing and proposed conditions upon the locus are shown upon a "Proposed Site Plan" done by Sandcastle Construction, Inc., the design firm for the Applicant, dated July 8, 2005, a reduced copy of which is attached hereto as Exhibit A. The main house, boat house existing garage/apartment, and former location of the cottage are shown upon a "Plot Plan", done by Nantucket Surveyors, Inc., dated June 24, 2003, revised July 29,2003, a reduced copy of which is attached hereto as Exhibit B. 5. Therefore, based upon the foregoing presentation, the Board of Appeals, by UNANIMOUS vote, makes the finding that, subject to the conditions hereinafter set forth, the proposed relocation of the garage and construction of a new structure that would contain the relocated third dwelling unit would not be substantially more detrimental to the neighborhood than the pre-existing nonconformities upon the locus. There would continue to be a maximum of three separate dwelling units on the property and all construction would meet all dimensional zoning requirements. 6. Accordingly, by UNANIMOUS vote, the Board GRANTS the requested relief by SPECIAL PERMIT under Zoning By-law ~139-33.A for the alteration and expansion as proposed above, subject to the following conditions: (a) All work shall be performed in substantial conformity to the plan attached hereto as Exhibit A; (b) No exterior construction work related to this project shall be performed between June 15 and September 15 in any given year; and (c) There shall be no further expansion of any structure without further relief from this Board. 2 (BOA File No. 050-05) Dated: September ~, 2005 Dale Waine Mi~:b{ ,~ C. Rich Edward S. Toole d Ul :~. ,", - ",--! r---J >-' -I.:; \.- tl r'-J 3 o /5 " f-; u ", !..&(j) ~~~'''- I r / ~'~Iv ~ ~~ NANTUCKET HARBOR WATERLINE 08- '21 L.C. PLAN 8472-A EB NORTH SITE PLAN PROPOSED 07-07-05 / / I / I / I / / I / / / / I / . /-..... I (:j/ t! 1;]/ ell i / / /LOCUS MAP / 75 HULBERT AVENUE / ZONING INFORMATION I MAP/PARCEL NO. 29/4 / CLASSIFICATION RC LOT NO. / LOT AREA 76,900 s.f. I BUILDING SETBACKS ! FRONT / SIDE & REAR / G.C.R. / AlLOWED G.C. EXISTING G.C. I ,/ PROPOSED NEW USE GROUP o ft. 5 ft. 50? 38,450 s.f. 7,921 sJ. 1,500 s.f. +/- +/- R-3 ;'~ 11' ~ ~ SAND CASTLE CONSTRUCTION INC. ~ t ....)<.. BREDIN ESTATE ~. f' ~~ 75 HULBERT AVENUE ARCHITECTS & BUILDERS C ~ "'", NANTUCKET, IIA EJ ~~ P.O. BOX 2113 .., NANTUCKET, IIA PO' 506-226-3671 . lob No. PROPOSED sITE PLAN 02554 REFERENCES DEED REFERENCE: LC.CERT,#4.074 PLAN REFERENCE: LC PLAN IJ.8472-A ASSESSOR'S REFERENCE: MAP: 29 PARCEL: 4 lONING CLASSIFICATION: CURRENT ZONING: RC MINIMUM LOT SIZE: 5,000 SF MINIMUM FRONTAGE: 40 FT FRON1YARD SETBACK: 0 FT SIDE AND REAR SETBACK: 5 FT ALLOWABLE G.C.R.: 50% EXISTING G.C.R.: N/F niM-l OF NANTUCKF:T 29-2 /~ ~ ~ .. I!! '" I; ~- ~ ~ LOT RECORD AREA - 76.90();1: SF (5CALED F1IDI u.ND COURT /UN) 100.00' SHELL DRIVEWA Y N/F J. SEWARD JOHNSON .R., JR. 29-5 ~ --. --. --. --. --. --."!h.... -";"""';:q~.- ~~ --. --'--'__ I I h .~ 1/ PLOT PLAN TO ACCOMPANY H.D.C. APPUCA1l0N f}f(l5 HULBERT A VENUE IN NANlUCKET, MASSACHUSETTS SCALE: 1-=40' DATE: JUNE 24, 2003 REVISED: JULY 29, 2003 PREPARED FOR: ESTATE OF J. BRUCE BREDIN NANlUCKET SURVEYORS INC. 5 WINDY WAY NANlUCKE~ MA. 02554 NB: 272 01 N/F niM-l OF NANTUCKF:T 29-50 - .... llil.lE:. lHE LOT IS LOCAlED IN SPECIAL FLOOD HAZARD ZONE A7 (EL 8) /4S SHOWN ON F.E.t.t.A. F.I.R.M. MAP 110. STRL1 .L.:.J'E:T ( 11 TieNu e) H/F THOMAS. LLC. 29-51 N/F MARJORIE e. HOGAN 29-53 k~ N-7431 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, AUGUST 12, 2005, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: OCTAVIA M. DUPONT BREDIN, LIFE TENANT UNDER THE WILL OF JOHN BRUCE BREDIN, AND FOR STEPHANIE SPEAKMAN BOARD OF APPEALS FILE NO. 050-05 Applicant is seeking reliefby SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33A (alteration/expansion of a pre-existing nonconforming structure/use). Applicant proposes to abandon the kitchen/dwelling use in the pre-existing garage/apartment. The dwelling unit, one of three pre-existing dwellings on the lot, would be relocated to a proposed new structure that would be so sited as to be conforming as to setbacks and ground cover. The lot would continue to contain three separate dwelling units, a garage and a boat house. The garage structure would be moved to a new conforming location to the south if its present site. The Locus is nonconforming as to use, containing three separate dwelling units, a main dwelling, a garage/dwelling structure, and a cottage, when a maximum of two dwellings are allowed on one lot in this zoning district. In addition, the Locus is nonconforming as to rear yard setback with the boathouse being sited as close as about 0.9 feet from the northwesterly rear yard lot line, in a district that requires a minimum rear yard setback of five feet. The Locus is conforming as to ground cover, lot size, frontage, parking and all other setback requirements. To the extent necessary, the Applicant is also seeking modification of the previous permit in the Decision in BOA File No. 088-03 which established the grandfathering of the three dwelling units on the Premises. The Premises is located at 75 HULBERT AVENUE, Assessor's Map 29, Parcel 4, Land Court Plan 8472-A, Lot 4. roperty is zo ed Re 'dential-Commercial. c:5 Ui Dale W. Waine, Chairman l'.J '-' THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER-::J l0 ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR:-;; FURTHER ThWORMATION. ~ NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE NO. (S7J-o> FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): 'J1eQMil~ h~~\~ ~ Mailing address: 22~_ v..et-l~~r:' ~M\~"t'D'" I ~ Applicant'sname(s): _\~ ~_6t:L ...r~ ~ . . Mailing address: LIb ~NJ'~ t2.~"\\...~ I ~ t... 'f1..cr>a... ,~D fuy. ::r~ I ~\Lt1\~t<:t-\ l~ m9 Locus address:.% ~\)~ ~"E. Assessor's Map/Parcel:~ Land Court Plan/Plan Book & Page/Plan File No.: ~'l.:" A Lot NO~ Date lot acquired:/O / /"5/~Deed Ref./Cert. of Title: ~IO-::r4 Zoning District: ~ Uses on Lot - Commercial: NoneX Yes (describe) Residential: Number of dwellings '3> Duplex_ Apartments Rental Rooms Building Date(s): All pre-date 7172?_ or C ofO(s)? Building Permit Nos: Previous Zoning Board Application Nos.: 0 B~ - b'3> State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: ~G~ 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. ! lJ / Pofl bv OCTIIVIII d~.lo#1 r 13 R.eb(rJ SIGNATURE: r//.. Dl<4".,. Applicant Attorney/Agent (If not owner o~wner's attorney, please enclose proo of agency to bring this matter before the Board) ~ FOR ICE USE Applieation received on::1.; l/~ By: Complete: Need copies?: .~/) Filed with Town Clerk:-2/lQ/QfPianni . _' . De t.:---1 / y{J&:1L. Fee deposited with Town Treasnrer:-=4~cJJB;: Waiver requested?: Granted:--" 1_ Hearing notice posted with Town Clerk:_/lo pJ Mailed: ') /2SjOfI&M: ) /~r& ~ Hearing(s) held on:_/_/_ Opened on:~~_ Continued to:_/_/_ Withdrawn?:_/_/_ DECISION DUE BY: / / Made: / / Filed wffown Clerk: / / Mailed: / / --- --- --- --- DECISION APPEALED?:_/_/_ SUPERIOR COURT: LAND COURT Form 4/03/' Bredin Family Estate 75 Hulbert A venue Nantucket, MA 02554 07-06-05 Nantucket Zoning Board of Appeals The property, 75 Hulbert Avenue, is non-conforming in use as established and certified in ZBA case #088-03. The applicants propose to abandon the kitchen/dwelling use in the garage/dwelling structure as it now exists. The garage will be converted to garage use only and relocated on the site as schematically indicated on the proposed new Site Plan. The owners are requesting that the established third kitchen/dwelling usage be allowed to transfer to a new structure that would be located where the existing garage structure is presently sited and as schematically indicated on the proposed new Site Plan. All relocated and new structures shall be HDC and Zoning compliant. ~ D~ SANDCASTLE CONSTRUCTION INCORPORATED P.O BOX 2113 NANTUCKET. MA. 508-228-3671 02584 508-228-8705 fax III \........ \ \ \ TOWN OF NANTUCKET ~ I 15.3 A + .~ ). ;'~~~'-'.---"_l .. \ \ \ \ /' /I , \ , \ , , , \ , \ , , , / I"'. , ,. ( ,,,,.,, ' "''';'':~ ,: I" ~.~ , !fi ,.,~ ; , I . " +' D".TE PARCEL ~ JleAaf tfiii#rt ~rIie 4l1\n\'1l NANTl l\IasHH( OATE PARCel INFORMATION SHOWN HEREON WAS COMPILED FROM AERIAL PHOTOGRAPHS, DEEDS, AND PLANS OF RECORD AND IS NOT TO BE CONSUUED AS HAVING SUFfICIE;~T ACCUR- ACY FOR CONVEYANCE, 58 ${ol. { ...;.._- --~~'~"~~~""\'..' 200 0 ,.~ ~~ ~9 1: , . _"~f dO -~- .', :~;.u~~,:'<';i:.i~'~~;J,j~~~tf.~;;~j!~~:tJ..;,Ll~ ADDENDUM Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A (alteration/expansion of a pre-existing nonconforming structure/use). Applicant proposes to abandon the kitchen/dwelling use in the pre-existing garage/apartment. The dwelling unit, one of three on the lot, would be moved to a proposed new structure that would be so sited as to be conforming as to setbacks and ground cover. The lot would continue to contain three separate dwelling units, a garage and a boat house. The garage structure would be moved to a new conforming location to the south if its present site and be used just as a garage. The Locus is nonconforming as to use, containing three separate dwelling units, a main dwelling, a garage/dwelling structure, and a cottage, when a maximum of two dwellings are allowed on one lot in this zoning district. In addition, the Locus is nonconforming as to rear yard setback with the boathouse being sited as close as about 0.9 feet from the northwesterly rear yard lot line, in a district that requires a minimum rear yard setback of five feet. The Locus is conforming as to lot size, frontage, parking and all other setback requirements. To the extent necessary, the Applicant is also seeking modification of the previous permit in the Decision in BOA File No. 088-03 which established the grandfathering of the three dwelling units on the Premises. The previous Decision allowed the Applicant to move the cottage out of the setback area without increasing the footprint. The lot has a ground cover far below the 50% allowed in this district and the compound has continued to be used by the family. 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'1 I I I I I I ClJI <::::1 ;::1 01 ~I 01 UJI "71 QJi AI RI I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I -----/ I I I I I I I I I I I I I I I 3nN3^'v' 1~381nH gL d'v'V'l SnJ01 0.7"" DN8 .JI.L~ OJJ~I,jO 2'i.JS) ClO~cI.JN gO-LO-LO 03S0dOtid N\ild 311S H1tiON EB 'v'-ZLi78 N'v'ld 'J'l ~Z,-80 3NIlCl31'v'M ti08ti\iH 13~Jn1N\iN TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ,:50 t') Uf,( vcr (0 , 20 01 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: () g't(-CJ3 Owner / A;P li can t , ,6 (' i-Q; u I h rn. OIL fbM , f.1-e&/'f)) uS erR "hnonr 0rdJrr"'t-h(?Wf(L 0' f :1iAY\ R rure- Gr~ &, h l ~ C' <<JAod 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. '~'\C7~ (t1I\5') Cha irman 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. NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 Assessor's Map 29, Parcel 4 75 Hulbert Avenue Residential-Commercial Land Court Plan 6472-A Cert. Of Title 4074 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, December 12, 2003, at 1:00 P.M., continued to January 9, 2004 in the Conference Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of OCTAVIA M. DUPONT BREDIN, as life tenant under the will of John Bruce Bredin, deceased, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 088-03: 2. The applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law ~139-33.A (alteration or expansion of a pre-existing, nonconforming structure or use). The applicant proposes to relocate and alter an existing dwelling upon the locus, which now encroaches upon Charles Street, and this encroachment would be eliminated. The dwelling would, after the proposed work, be in conformity with all applicable dimensional zoning requirements. The locus is nonconforming as to use, containing three dwelling units, a main dwelling, a garage/dwelling structure, and the subject cottage, with a maximum of two dwellings or dwelling units being permitted on any one lot in this zoning district. In addition, the locus is nonconforming as to rear yard setback, with a boathouse being situated as close as 0.9 foot from the northwesterly rear yard lot line, in a district in which minimum rear yard setback is five feet; and as to separation between the main dwelling and the garage/dwelling structure, having a separation of about eight feet, with twelve feet being the minimum required scalar separation between dwellings under the By-law. The existing nonconformities would not be affected or increased, and no new nonconformities would be created, by the work proposed by the applicant. The locus is situated at 75 HULBERT AVENUE, Assessor's Map 29, Parcel 4, is the land shown upon Land Court Plan 6472-A, and is situated in a Residential-Commercial zoning district. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board recommendation was that no matters of planning concern were presented. Except for the presentation by the applicant's representatives, there was no support or opposition presented at the public hearing. 4. Applicant, through counsel, that the matter had been continued from the public hearing in December in order to obtain evidence to support a claim of grandfathering of the existing three separate dwelling units on one lot. Applicant presented an affidavit from a former resident of the locus, which corroborated the history of the locus and the dwellings thereon. The affidavit stated that in about 1930, one George W. Fraker purchased the locus from the Town of Nantucket. Previously, a beach club had been operated upon the locus. Mr. Fraker moved and al tered various structures upon the locus, with several bathhouses being combined to form the nucleus of the main dwelling; the- office being moved and converted to the secondary dwelling (the cottage which is proposed to be relocated by the applicant); and another bathhouse being converted to a garage, with a small apartment at the rear of the garage. The affidavit stated that this apartment was occupied by Mr. Fraker's chauffeur and his wife for many years. Mr. Fraker also constructed the boathouse upon the locus, which has never contained a dwelling unit nor been used in any way for habitation. The Applicant's family purchased the property from Mr. Fraker in 1950 and had made little alteration to the property since that time. Based upon the affidavits from Harrison S. Fraker (the son of George W. Fraker) and Laura Bredin Hussey (the applicant's daughter and one of the remaindermen after the applicant's life estate), which are attached hereto as Exhibits A and B respectively, Applicant stated that these structures have continued in the same location and use up to the present time. In addition, Applicant stated that the 1938 aerial photograph in the Town records clearly indicated that there were four structures on the property substantially in the current locations. The present application is brought because, as a result of a survey performed after the death of John Bruce Bredin, the applicant's husband, it was learned that the cottage encroached upon Charles Street. Despite its Hulbert Avenue address, the locus has frontage only upon Charles Street, and accordingly no front yard setback for Charles Street is required in this Residential-Commercial zoning district. However, the position of the cottage within the lines of Charles Street may violate the rights of others, including those of the Town of Nantucket, within Charles Street, and therefore the applicant desires to relocate the cottage to a position within the lot. However, this will involve alteration to the pre-existing, nonconforming condition upon the locus as to the use with three dwelling units, and accordingly the applicant has requested a Special Permit under By-law ~139-33.A for the alteration of the pre-existing, nonconforming conditions upon the locus. The relocated cottage will conform to all dimensional requirements, and no work is proposed which will affect the nonconformities of the boathouse and the separation between the main dwelling and the garage/dwelling structure. The existing and proposed conditions upon the locus are shown upon a Plot Plan by Nantucket Surveyors Inc., dated June 24, 2003, revised July 29, 2003, a reduced copy of which is attached hereto as Exhibit C. The moving, placement of a new foundation under the structure, and cosmetic alterations of the exterior of the cottage had been approved by the Nantucket Historic District Corrunission ("HDC") under Certificates of Appropriateness Nos. 42,064 and 42,593. 5. Therefore, based upon the foregoing presentation, the Board of Appeals, by UNANIMOUS vote, makes the finding that, subject to the conditions hereinafter set forth, the proposed relocation of the cottage, alteration of the exterior elevations within the same footprint and construction of a new foundation under the cottage upon the locus would not be substantially more detrimental to the neighborhood than the pre-existing nonconformities upon the locus. Accordingly, by UNANIMOUS vote, the Board GRANTS the requested relief by SPECIAL PERMIT under Zoning By-law ~139-33.A for the relocation of the cottage as requested, subject to the following conditions: (a) All work shall be performed in substantial conformity to the plan attached hereto as Exhibit C; (b) All work shall be performed in substantial conformity with Certificates of Appropriateness Nos. 42,064 and 42,593 issued by the HDC, as may be amended; (c) The structure as relocated shall have the same exterior walls, rather than demolition and reconstruction of the structure; and (d) No exterior construction work shall be performed between June 15 and September 15 in any gi ven year. Dated: January~, 2004 Edward C. Murphy nLn.u.c.. \3....'1...&...1 "n.;u:. ItJ UUo:: ~~ .;...... AFFIDAVIT OF HARRISON S. FRAKER I, HARRISON s. FRAKER, ~esiding at 1 Gardner Court, Nantucket, Massachusetts, depose and say: ~. I have been a summer resident of Nantucket every year since I was born in 1917, excepc for periods during World War II. I have been a legal resident of Nantucket since 1974. Prior to my retirement, I was active as a real estate broker in NantUCKet. 2. I have been familiar with the property situated at 75 Hulbert Avenue, Nantucket (the "Property"), since J.930. when it was purchased by my father, George W. Fraker. from the Town of. Nantucket. The Town had operated a beach club upon the Property, with an office and various bathhouses. After purchasing the Property, my father moved the structures around. with some of the bathhouses being combined to form what is now the main dwelling; the office being' moved adjacent to Charles Street for use as a guest cottage as now existing; and another bathhouse being converted to a garage, with a small apartment behind the garage which was initially occupied during my father's ownership by his chauffeur, and has existed up to the present time in the same configuration. My father also built a boathouse, which still exists in its present location and which has never contained any living space and has been used exclusively for the storage of boats and other materials, From 1930 until ].947, tne P't"operty WaS my family's summer residence on Nantucket. ( .' 3. The Property was sold to the Evans family in 1947, when it was sold to J_ Bruce Bredin. who owned it until his death in 2002. 4. I have visited the Property frequently occasions throughout the period since 1t was sold by and the Property has been used and improved with dwellings as described above, consisting of the main guest cottage, and the apartment behind the garage. this period_ on social my family. the three house, the throughout 5. I have examined the plot plan depicting the Property, prepared by Nantucket Surveyors Inc., dated June 24, 2003, revised July'29, 2003 (the "Plot Plan"), showing the structures thereon consisting of a main dwelling shown upon the Plot Plan as "Wood Frame Dwelling", a secondary dwelling shown upon the Plot Plan as "Existing Cottage", a garage containing a third dwelling unit shown upon the Plot Plan as "Garage/Dwelling", and a Boathouse shown as such on the Plot Plan. All of these structures are in the locations where they have been since the work done by my father after he .CqU~he Property in 1930. Executed and sealed on January , 2004. H.~I.~~ 01/15/2004 16:16 FAX 5082285630 -~ READE GULLICKSE III 003 , SS. STATE OF NORTH CAROLINA ~. ~4 5i:ept-13mh~r 1-, ~ Then personally appeared the above-named Harri$on S. Fraker, and made oath t.hat the statements contained in the foregoing affidavit were true and were made of his own personal knowledge, b f ~"U""". e ore me, ....1... " Sc I" ,..1i<'l.~ ",. "'L>'~ ....~" ....... 'T~~ ,I ~v,"o\A". e,,:'-. o"\. .;o~-c, A .::po:. i 0/ ~OT A !:I ).. '..0\ = . . . : : ......~ : = : ~ : = " -. ,.oUBUC .. S . "'-''''.0 ...Ill . ,. '\.,.;~.-.I?'l. 7 ?~,:,'_,r:,,1 ..... .. \."~!lIi ~~I'r~COU~~"'" It~~"II""'I. P: \Vp8'8RDIIt\Prucr ottidll",i.t .~t'C' c;;Z;;i4--tl(~~ Notary Public Printed name: &I'f'O.en 11. 5C-19~40t;o My commission expires; 1-/-'7-0(.. 01/15/2004 16:16 FAX 5082285630 READE GULLICKSE ~004 ~,b AFFXDAVIT OF LAURA BREOXN HUSSEY I, Laura Bredin Hussey, residing at 865 Webscer ~roak Road, Delhi, New York, depose and say: 1. I am the daughter of John Bruce Bredin, late of Wilmington, Delaware, who died on November 12, 2002. I was born on March 23, 1953. 2. My father was the owner of the land and buildings situated at 75 Hulbert Avenue, Nantucket, Nantucket County, Massachusetts, being the land shown upon Land Court Plan 8472-A (the "Property") i from Ootober 15, 1956, until the time of his death, by virtue of Certificate of Title No. 4074 at Nantucket Registry District- 3. I have visited the Property every summer from 1956 to the present, and am thoroughly familiar with the Property, including the buildings thereon. 4. From the time ~hat my father bought the Property until the present, the Property has been improved with four buildings, as shown upon a Plot Plan by Nantucket Surveyors Inc., dated June I 24, 2003, revised July 29, 2003 (the "Plot Plan"), consisting of a main dwelling shown upon the Plot Plan as "Wood Frame Dwelling", a secondary dwelling shown upon the Plot Plan as "Existing Cottage", a garage containing a third dwelling unit shown upon the Plot Plan as "Garage/Dwelling", and a Boathouse shown as such on the Plot Plan. 5. All of these structures have existed in their present configuration and use throughout the period from October 15, 1956, to the present time. Each of the three dwelling units upon the Property have been occupied during all or part of the Summer season throughout this period. R.Pc., Executed and sealed on No.ember ~ 2003. 'l -t" /.,:;.... - lev. I ~('I c.D ._..b.J=.Lil.L.~./ a l.'-----. S3. STATE OF NEW YORK b~~e r I , 2003 Then personally appeared the above-named Laura Bredin Hussey, and made oath that the statements contained in the foregoing affidavit were true, and were made of her own personal knowledge, before me, -I~rv\ da. t ) f-;:() b.l,/'cr/) Notary Public ,. \W~I'\I.~MJH.'JN\i4"~'C:Y AttAGlI'Vl~ . doc Printed name: My commission expires: LINDA J. ROBERTS Notary Public. State of New Y!lrk nelf!ware Co~mty 1198587~;J DDh r.nl11rr\i~~ir.~ ~)(p:res M:\\' 12. - . REFERENCES DEED REFERENCE: LC.CERT.f4-,074 PLAN REFERENCE: LC PLAN #8472-A ASSESSOR'S REFERENCE: MAP: 29 PARCEL= 4 ZONING CLASSIFlCA llON: CURRENT ZONING: RC MINIMUM LOT SIZE: 5,000 SF MINIMUM FRONTAGE: 40 FT FRONTYARD SETBACK: 0 FT SIDE AND REAR SETBACK: 5 FT ALLOWABLE G.C.R.: 50" EXISllNG G.C.R.: I~ . I-~ N/F 7DMN OF' NANTUCKET 29-2 I I!! I~ II N/F J. 5a1ARD JOHNSON oR.. 7R. 29-S NOlE;. lHE LOT IS LOCAlED IN SPEQAL A..OOD HAZARD ZONE A7 (EL B) AS SHOWN ON F.E-....... F.I.R.... "AP 110. - PLOT.PLAN TO ACCOMPANY H.D.C. APPUCAllON 0/fl5 HULBERT AVENUE IN NANTUCKE~ MASSACHUSETTS SCALE: 1-",,40' DATE: JUNE 24. 2003 REVISED: JULY 29. 2003 PREPARED FOR: ESTA TE OF J. BRUCE BRfD/N NANTUCKET SURVEYORS INC. 5 WINDY WAY NANTUCKE~ MA. 02554 NB: 272 1 SrRl;l .i:J'E:r ( ,4 t7e}yr, VE:) N/F THOIJAS, Uc. 29-51 N/F MARJORIE E. HOGAN 29-SJ ~~JJ.,f. C' N 7431 41~tJO Town of Nantucket RECEIVED BOARD OF ASSESSORS ZONING BOARD OF APPEALS I JUN 0 3 2005 ToWN OF NANT'UCKET, MA LIST OF P ARTlES IN INTEREST [N THE MA TIER OF THE PETITION OF . . . . /)A J' . Cl-t~ _ ~ PROPERTY O'm!EK..pr.~.I." "P"" /. =.".""."."."".".".. , ~ MAILING ~DDRESS.....~;0......~~...~ PROPERTY LOCATION............~........ .is... .IJ.~.. ~ . -:" a.9- Li ASSESSORS MAPIPARCEL:.. ...... ...... .r..........................................,.. A P P L I C A NT, , . , , . . .. .. . . .. .. .. .. .. . . .. .. . .. .. .. .. . . , , . .. . .. . . . .. . . .. .. .. .. . .. . .. .. . .. . .. .. . , . .. 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 abutter.s of the abutters and all other land owners within 300 feet of the, property line of owner's property, all as they appear ?n the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139~ Section 139.29D (2) ~,,~...,;;z. qJ..5"" DATE' tlW ASSESSOR'S OFFICE Town of Nantucket ~ ~~ 01 H . ~E-< lZ1 011>0: ~U ~~ ~ ~:il :il o ~ ~!<!<~!<Ii;!<!< S aaallla::aa ~ I~~I~~~~ :. =~:~~..~: '" ... .... ~ .... '" III '" ... ... III .... '" .... 0 ... . M .-t .... .... \D cg .. III rf r-- III ~ UlOCOII'I .... C't 0 \D " NO.... 0 0 Ii; ~~t~ .~~~ I ~ ; I ~ ~ ~ i g a~~a~~~~ ... .. .. " .:l ~ Ul ~ ... .... ... ~ 0: o :3 ... :il ~ i ~ ~ ~ ~ ~ j ~! ~ ~ N ~ ~ 9 8 :z; '-' .. .. = '" t i ! o 0 o ___..... '-' '-' '-' ... f< ... '" .... ... '" ... ~ Ii; ~ ~ t .:. ~ ~ IlIl ~ ~ o !:: o 0 f< '-' ... .. 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