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HomeMy WebLinkAbout067-05 ~. . TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ()c::fr;:::i~-e r ;Z 7_ , 200 S- To: Parties in Interest and Others concerned with the DecIsion of the BOARD OF APPEALS in the Application of the following: Application No.: CXo7-0S- Owner/Applicant: C:-rY..mtX1d J. O+- Jdq] ulrn m~ O<OfnO>, p"o.. vr't OS I T '('U~ re ~ I Re vocoJt?&- TrCflf-;- 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. /---------- uJ~ Chairman 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 g139-30I (SPECIAL PERMITS); 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Map 55.4.1 Parcel 139 ROH 9 York Street Plan File 30-C Book 132, Page 382 DECISION 1. At a public hearing ofthe Nantucket Zoning Board of Appeals, on Friday October 14,2005, at 1:00 P.M., in the Conference Room in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following Decision on the Application (067-05) of EDMUND J. RAMOS, TRUSTEE OF JOAQIDM M. RAMOS REVOCABLE TRUST, of P.O. Box 183, Nantucket, Massachusetts 02554, the Board made the following Decision: 2. The Applicant is seeking relief by VARIANCE from the provisions of Nantucket Zoning By-law Section 139-16A (Intensity regulations - minimum lot size, ground cover, setbacks) to validate the locus as separately marketable and buildable from all adjacent land. Applicant's lot was created as a result of an Approval Not Required subdivision plan endorsed by the Planning Board in 1988. However, the lot is now nonconforming having a lot size of about 3,009 square feet in a zoning district that requires a minimum lot size of 5,000 square feet; as to ground cover with the structure having a ground cover of about 32% in a district that allows a maximum ground cover of 30% for an undersized lot; and as to setback with the structure having a side yard setback of as close as about 3.7 feet from the southwesterly lot line in a district that requires a minimum setback of five feet, though the change in the lot lines did not affect the setback nonconformity. The structure conforms to all other setback requirements as well as parking. The locus and the abutting conforming parcel are now held in separate ownership. The Applicant obtained a building permit to alter the use of the structure from that as a nonconforming use, a commercial plumbing shop, to a conforming use as a single-family dwelling in 2001 and another permit in 2004 for further alterations, neither of which increased any existing nonconformities. The alterations received a Certificate of Occupancy from the Building Department without the status of the lot being questioned. Applicant is also seeking relief by SPECIAL PERMIT to validate the previous conversion of the commercial shop use to the conforming use as a single-family dwelling under Nantucket Zoning By-law Section I 39-33A. The Premises is located at 9 YORK STREET, Assessor's Map 55.4.1, Parcel 139, Plan File No. 30-C, Lot 2. The property is zoned Residential-Old-Historic. 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. Except for the presentation by the Applicant's representative, there was no support or opposition presented at the public hearing and no letters on file. 4. The Applicant, through counsel, stated that in 1988 the lot was created by a three lot subdivision plan endorsed by the Nantucket Planning Board as '"Approval Not Required" (ANR) pursuant to M.G.L. c. 41, ~ 81L ('"the Subdivision Control Law"). The division of the property into three lots was based upon the fact that there were structures on each lot that were constructed prior to the enactment of the Subdivision Control Law in 1955. However, nonconforming status under the Zoning By-law is not protected by such ANR approval. The three ANR lots are as shown on the '"As-Built Plot Plan", drawn by Michael S. Bachman and dated July 19,2001, a reduced copy of which is attached hereto as Exhibit A. Title to each of the three lots is held in separate ownership. The locus is shown as Lot 2 and is nonconforming as to lot area, setbacks, and ground cover. The building on the locus historically contained a nonconforming commercial use, i.e., a plumbing shop, from 1949 to 2001, and in existence without a three-year cessation of use throughout that time period. Due to the fact that the use predated the 1972 enactment of the Nantucket Zoning By-law it was considered grandfathered. Lot 1 on said plan is nonconforming as to setbacks and not before the Board for relief at this time. Lot 3 on said plan is conforming to all dimensional requirements ofthe Zoning By-law. However, the structure located on Lot 3 is nonconforming as to use, containing a duplex, which is not a permitted use in the ROH zoning district where the lot is located. In 1988 and 2000, the Board reviewed unrelated Applications submitted by the Applicant that concerned a separate parcel not located within the same zoning district or neighborhood as the subject lot. The Applicant used this unrelated parcel in connection with his plumbing business. On each occasion, the Board granted the Special Permit and imposed a condition on the Applicant requiring him to convert the nonconforming plumbing shop located on the locus to the conforming use as a dwelling. In both instances, the Special Permits were arguably not exercised in a timely manner and said Permits are said to have expired, which would render any conditions null, void and unenforceable. In 2000, the Applicant was granted a Building Permit by the Nantucket Building Department to convert the plumbing shop into a single-family dwelling by a previous Building Commissioner. In 2004, the new Building Commissioner issued a Certificate of Occupancy for this dwelling based upon the '"As-built Plot Plan", done by Michael S. Bachman and dated January 2, 2004, a reduced copy of which is attached hereto as Exhibit B. At no time was the noncomplying status of the lot questioned and the Applicant proceeded in good faith. 5. Therefore, based on the foregoing, as to the Special Permit requested, the Board finds that validating the change in use of the structure from a commercial plumbing shop to a residential dwelling would not create a substantially greater detriment to the neighborhood than the pre-existing nonconforming use as a plumbing shop and in fact would reduce the nonconforming nature of the lot and remove a commercial use from a residential neighborhood. As to the Variance relief, the Board finds that validating the lot as separately marketable and buildable from all adjacent parcels, with the ground cover, setback and lot size as shown on Exhibit B, would eliminate the necessity of merging the locus with Lot 3, which would create a use violation, for which the Board of Appeals does not have power to rectify. The existing structure on Lot 3 contains two dwelling units. Combining subject Lot 2 with Lot 3, now that the shop has been removed and the dwelling unit installed in the structure would increase the nonconforming nature of the use by placing three dwelling units on one lot. The circumstances relating to the creation, natural characteristics, shape and condition of both the lot and the structure on Lot 2 are unique and do not generally affect other lots in the ROH zoning district. A literal enforcement of the provisions of the By-law would force the Applicant to merge Lot 2 with Lot 3. As these lots are held in separate ownership, this action would be practically impossible and may result in displacement of the occupants of said dwellings. In addition, a literal enforcement of the By-law would cause the Applicant to suffer a substantial financial hardship as he has undertaken the time and expense of performing the work required to convert the plumbing shop to a residential dwelling. Such a change provided a benefit to the public and the neighborhood in particular as a pre-existing nonconforming commercial use was removed from the structure and by substantially renovating and upgrading the structure to be more in harmony with the surrounding structures. A literal enforcement of the Zoning By-law would also result in a substantial financial hardship to the Applicant in that if the lots were required to merge, Applicant would have to remove the dwelling unit in the structure on the locus at considerable expense, after having relied on the issuance of both the Building Permit and the Certificate of Occupancy. In addition, such conversion of use followed the spirit and intent of the previous unrelated Decisions granted to the Applicant. Finally, this the Board finds that this Variance would not result in a substantial detriment to the public good because many of the surrounding lots in the neighborhood are undersized and include dwellings that do not conform to intensity regulations in the Zoning By-law. Parking is provided on site and the structure is conforming to the setback requirements on three sides. 6. Accordingly, the Board of Appeals, by a UNANIMOUS vote, GRANTS the requested SPECIAL PERMIT relief under Nantucket Zoning By-law Section 139-33A to validate the change of use from a commercial plumbing shop to a dwelling and by VARIANCE under Section 139-16A to validate the Premises as a separately marketable and buildable lot, validating the siting, lot area and ground cover ratio of the locus, upon the following conditions: a) There shall be no further expansion of the dwelling on Lot 2 without further relief from this Board; b) The lot and improvements on the lot shall be in substantial conformance with Exhibit B; and c) There shall be a minimum of one conforming parking space provided on site. Dated: October L 7 ,2005. /1 I J.~ j! '/[/1 /J(-- / " C. Richard Loftin/ / Edward Murphy W~-r ~~ ~ Ui (). J~ - ~ "1..,ju. U' -i' ~ ~ -)< 0-..' I)- ~ cf' i- t- " ~1I J -!' !: r. , ill ~ u' U' I .t. ~ ~ i -t ~ / / /I f 4// / , , --- ",/ / I .11- :r "''<~ ~ -- ~: LoT '2... t>oe.s t-b-r (,otAF--. WIT'" ~1.Eri"1' "Z-q..llt-1(", f2f;Gu,aEM~~~l) \LI.ll.s ~ O~ -nt~ ~l~ of: ~U\I.ol7\t..L~~ ~""~,.., ~~t-l ~I~"'" ~f:> 0..... ""\t1Ec "'-CUNI4'1 f'l2--lojZ..,..-o l~l7l? ,.J,~~!!.~?~~ ...;;.'0..;'- ~-/'"~-....~~ ....~J..".'" ~./': -- - ;7{.'~:~"~i~. ~>~ ~~_\.".'.'~'7'.....'... 'c.':i: ~..'. ,: -'. ;-. ~. - ;,5.. -,' -,.-. -".. " . \~;;?f- . .. ,;J11 CURRENT ZONING MAP: aDH MINIMUM LOT SIZE: SCVo 6F, MINIMUM FRONTAGE: 50 Fr. FRONTY ARD SETBACK: NOME:.. SIDE AND REAR SETBACK: S M ALLOWABLE G.C.R.: t;o"/~ EXISTING G. C.R.: !..or z.~ p\.,"fot 1.-0,. -;:; V-. I PI<> -:f:-. PROPERTY LINES SHOWN ARE TAKEN FROM RECORDED DEED AND PLAN REfERED TO HEREON. BUILDINGS MONUMENTS ETC. ARE PLOTTED FROM FIELD MEASUREMENTS. ' ' N.B. 0,.1 (\.''''''' \ \ . l-.or =? l..ct- ~~ G,'7'1.,,?-t. S~ Cfo, AS-BUILT PLOT PLAN IN NANTUCKET, MASSACHUSETTS SGAL-€: l.-<;..2.D'uDAIE:--=7~~-""gJ- DEED REFERENCE: ~J. 1;1-'. \ Y>1. p'" ?><tt'2.- PLAN REFERENCE:~~ 30-<- ASSESSOR'S MAP ~~ 4 \PCL. ~I ~.I ~ PREPARED FOR: I ~4 ~.,..~a 0;;:: -1AQ..... \ ~ \-A \ ~I"''''!l NANTUCKET SURVEYORS INC. 5 WINDY WAY NANTUCKE~ MA. 02554 N \ (;iu . . /~ 4 N / / \ ~~ ~ ".... / \ ;t ~9 Y: ~lJ) I' NO en . "..../ \ ~ N CO'" ,., Cl! ~ I ~~..-i } ~\ \ \ ~ ~ ~ ~~~~ 6 " ~ \ t, 0 ~ ~ ~.. ~ ~ \ ~~ \ ~ ~~~ ~ ffig o.~~ g \ ), \ ~ i g ~ ;;m~~ ~ ~:b \\ \_ _ __- i ~ m~~~~ t1 l!;;~~ Z '<t \ w.n ~ 10 \ < \ \ \ \ \ \ \ 18 ~ I Z ~ fQ v o :g ~ S ~>-~ ~~g ~!~ ~ ~ ~ ~ ~ ~ ~ o y ~ 'XcO IOC'I I-..D ZIL ~!2 I1.lC1!l.' .~~;.., Q to I- w Z '" o ~-: Ill~ 11.. , .....0- z~~ I:R ~ III Z o I-O~.ri ~w~\O III I- lr 1Il< - :)Wzo 0~~1- o I \1'1 Ill.! 1-<",0 ~~\!)~ >-O~(\ ..JZOZ ~<::!:> 0\/\ =>0 0!z(1)~ I- w 11.. O~ ow zW I ~\I'II- IJ\ => - WG"'Z OW<O allllCl Wa C'I~IW Ll ~I-I- -I-Z ~ ) OOZOX ~..JN W Z ~ o Cl! lQC'i t:: 11..<' 2:a~ ll.!1O <Ill I o ll.! d t:.iJm ~~IISi",i~t ~ It)~ 8 ~ ~ jt~" ..tij ~a:~ ~~~~~~O! I ~ Nb[~C::rl~ ~~~ ~ ~5~~~:ig i~U ~~~~~~~ ~~~ ~ ll.! W a Z < 1Ilc() ~!2 11.. 0 , ..... - Z.J ~ III ",10 o Z < ll.! l1.. (;.,\\ C51iJl - ., TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 PAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, OCTOBER 14, 2005, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: EDMUND J. RAMOS, TRUSTEE OF JUAQUIM, J. RAMOS REVOCABLE TRUST BOARD OF APPEALS FILE NO. 067-05 The Applicant is seeking reliefby V ARIANCE from the provisions of Nantucket Zoning By-law Section 139-16A (Intensity regulations - minimum lot size, ground cover, setbacks) to validate the locus as separately marketable and buildable from all adjacent land. Applicant's lot was created as a result of an Approval Not Required subdivision plan endorsement by the Planning Board in 1988. However, the lot is now nonconforming having a lot size of about 3,009 square feet in a zoning district that requires a minimum lot size of 5,000 square feet; as to ground cover with the structure having a ground cover of about 32% in a district that allows a maximum ground cover of 30% for an undersized lot; and as to setback with the structure having a side yard setback of as close as about 3.7 feet from the southwesterly lot line in a district that requires a minimum setback of five feet, though the change in the lot lines did not affect the setback nonconformity. The structure conforms to all other setback requirements as well as parking. The locus and the abutting conforming parcel are now held in separate ownership. The Applicant obtained a building permit to alter the use of the structure from that as a nonconforming use, a commercial plumbing shop, to a conforming use as a single-family dwelling in 2001 and another permit in 2004 for further alterations, neither of which increased any existing nonconformities. The alterations received a Certificate of Occupancy from the Building Department without the status of the lot being questioned. Applicant is also seeking to validate the previous conversion of the commercial shop use to the conforming use as a single-family dwelling under Section 139-33A. The Premises is located at 9 YORK STREET, Assessor's Map 55.4.1, Parcel 139, Plan File No. 30-C, Lot 2. The property is zoned Residential-Old-Historic. ~ ~ CHN\~-- Dale Waine, irm THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET WNlNG BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE Nct:Xo 7-05' FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Edmund J. Ramos, Trustee of Joaquim M. Ramos Revocable Trust Mailing address: P.O. Box 183, Nantucket, Massachusetts, 02554 Applicant's name(s): Same Mailing address: Locus address: 9 York Street Assessor's MaplParcel: 5541-139 Land Court Plan/PlanBook &PageIPlan File No.: Plan File 30-C Lot No.: 2 Date lot acquired:-1!!IJ1.I..2.2....Ueed Ref./Cert. of Title: Book 132 Page 382 Zoning District: ROH Uses on Lot- Commercial: NoneL Yes (describe) Residential: Number of dwellings 1 Duplex Apartments Rental Rooms Building Date(s): All pre-date 7n2? Yes or C of 0(5)1 YPcF; Building Permit Nos: 1140-01, 881-04 Previous Zoning Board Application Nos.: None State below or on a separate addendum specific relief sought (Special Permit, Varlance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconfonnities: See Addendum 1 I I J I certify that the information contained herein is substantially complete and true to the best of my knowledg~ under the pains and pen~nry. SIGNATURE: ~~ ~ (If not owner or owner's attorney, please enclose p . Application received on:;]J1JJ(';;y: F Filed with TownOerk:::rL~\~. --'_ BuDding ep ___ Fee deposited with Town Trea8Urer:3./7{,c>(By: .iver reqaestedf: Graa.Ud:---1---1_ Hearblg notice posted with Town Oerk:.2/lLOf MaiJed:~Ji'...c.-I&M'l:.t2eP~& /5J{p,;,~ H~I) held 00:_'-1_ Opened on:--1_'_ COllfbaU.t.U.....J-'___W~:--" ..iI....... DECI$I~ DUE DY:-1_'_ Made:-1--1_ Filed wlTona.--'--'_~"1~~' .,~... ., ADDENDUM The Applicant, Edmund Ramos, requests a variance pursuant to Section 139-32 from the provisions of Section 139-16A (Intensity regulations - minimum lot size, ground cover) of the Nantucket Zoning By-law to validate the lot size and ground cover ratio for this property located at 9 York Street, Nantucket ("hereinafter the Property"). The Property is shown as Lot 2 on Plan File 30-C recorded at the Nantucket Registry of Deeds. Attached hereto as Exhibit A. The Property was created by an Approval Not Required ("ANR") subdivision pursuant to the Massachusetts Subdivision Control Law, G.L. c. 41 ~ 81L and originally consisted of what is shown in the Town of Nantucket Tax Assessor's book as 9 York Street, 79 Orange Street, and 81 Orange Street ("Original Parcel"). The Original Parcel was subdivided by Applicant's father Joaquirn Ramos and endorsed ANR by the Nantucket Planning Board in 1988. This subdivision thereby created Lot 2 (9 York Street) on Plan File 30-C due to the existence of the buildings on the Property prior to the enactment of the Massachusetts Subdivision Control Law in 1955. The subject Property is located in the Residential Old Historic - (ROH) zoning district. The property is nonconforming as to minimum lot size with the lot containing about 3,009 square feet of area, with a minimum of 5,000 square feet required; as to ground cover, with the lot containing a ground cover ratio of about 32%, with a maximum of 30% allowed for subminimum lots; and as to side yard setback, with the structure sited as close as about 3.7 feet from the westerly side yard lot line, with a minimum of five feet required. The subdivision did not affect the side yard setback nonconformity. Existing conditions are as shown on an As-built Plot Plan prepared by Michael S. Bachman of Nantucket Surveyors dated January 2, 2004. Attached hereto as Exhibit B. The property shown as 81 Orange Street conforms to the dimensional 1 requirements of the Zoning By-law in all respects as shown on an As-built Plot Plan prepared by Michael S. Bachman of Nantucket Surveyors dated July 19,2001. Attached hereto as Exhibit C. Joaquim Ramos originally held title to the original parcel. After ANR subdivision in 1988, title to 81 Orange Street was transferred to Alice Ramos with title to 9 York Street remaining in Joaquim Ramos's name. In 1999 Joaquim Ramos died, leaving 9 York Street to Edmund Ramos, Sr. as trustee of the Joaquim Ramos Revocable Trust of 1997. In 2000, Alice Ramos died, leaving 81 Orange Street to Edmund Ramos, Sr. as trustee of the Alice Ramos Revocable Trust of 1997. The Applicant is seeking relief by variance in order validate 9 York Street as separately marketable and buildable from all adjacent parcels for zoning purposes. The plumbing shop on the subject lot and the dwelling on the property at 81 Orange Street, were in existence prior to the 1972 enactment of the Zoning By-law and are thus any nonconformities were grandfathered with respect to the setback and use. The shop at 9 York Street was constructed in 1949 and the dwelling on 81 Orange Street was constructed in 1890. The structure at 9 York Street was converted from a nonconforming use as a commercial plumbing shop in 2001 pursuant to duly issued Building Permit No. 1140-01 to a single-family dwelling that is currently occupied by the Applicant's son, Edmund Ramos, Jr. The Applicant subsequently received a Certificate of Occupancy in March of 2004. All permits were issued without comment or question about the status of the lot as a separately marketable and buildable. Said Permits are attached hereto as Exhibit D. The Applicant is seeking a variance in order to effectively convey 81 Orange Street separately from 9 York Street. It would create a financial hardship on the Applicant and his family if the property at 9 York Street was not validated as separately marketable and buildable. There would 2 also seem to be no other solution as it would be difficult to merge the two properties back together, as they are held in separate ownership. In addition, a variance would not be a substantial detriment to the public good, nor would it nullify the intent or purpose of the Zoning By-law. In addition, a grant of variance relief would have no negative effect on the health, safety or general welfare of the inhabitants of the Town of Nantucket, and the siting of the structure would be in harmony with the surrounding properties, many of which are subminimum in size and contain ground cover ratios far in excess of 30%. The property has been legally subdivided for nearly twenty years without incident and the pre-existing nonconforming commercial use of the subject structure was eliminated as requested by the Zoning Board in its unrelated Decision in BOA File No. 044-88. Attached hereto as Exhibit E. The work permitted in said Decision was never undertaken and the relief has arguably lapsed. The Applicant is also seeking relief under Section 139-33A to validate the change in the use of a nonconforming structure from a commercial plumbing shop to a single- family dwelling, eliminating a nonconformity, and to validate the increase in ground cover from the maximum allowed of 30% to 32%. No further alterations or expansions are proposed for the subject dwelling at 9 York Street. Parking is provided on site as well and the structure meets all other setback requirements. A 1957 aerial photograph from the Town records clearly indicates that the structures were present prior to the 1972 enactment of the Zoning By-law in their current locations and configurations. Attached hereto as Exhibit F 3 ~ 74 117 58~' ea.llItl I '"'l I&l ------- /I; S" 00 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 RECEIVED BOARD OF A~E%spRS AUG 2 6 2005 BoA Form. TOWN OF NANTUCKET, MA ASSESSOR'S LIST OF PARTIES IN INTEREST PROPERTY OWNER: / T (;Dc.. qUlA R.o. ...vt 0 S ~ cJ.AA~() ~~()S APPLICANT FOR RELIEF (SAME? ~: ADDRESS OF PROPERTY: CJ c.tork S~~ ASSESSOR'S MAP - PARCEL: f)c:;;--'11 /"5CJ * * LIST OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED ~): I certify that the foregoing (or the attached ____) lists all persons, natural or legal, 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 three hundred feet of the ~roperty line of Owner's property, as they (and their address) appear on the most recent applicable tax list [per M.G.L. c.40A, ~11 and Zoning Code Chapter 139, ~139-29D(2)]. ~. -- . . 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I i - -J. ---- --- --:- \ ?7 ---- /i:-._ \ f'~,~<4 \ / ~ " -- --- /' / I "l.or~ ~ Afu;:.A~ G,C7'1.,,? -t SJ': -'" .1 ~ ~ II- :r '90, , \ -... ~:l>.'" >lo,-"""'r"1 \doT" ~T -- '(c:>i2-IL ~ ~lt-l(,. flf:aulaEM~~~C ~!l ~ o~ -ntl~ ~ I( I) r: ~\,I\I.l7\ t-J4 \ ~ ~ tl'i-lt-l ~~"" ~l~"" tol& 0,.L -r~E- b~t4<1 ,.....~J-:!~~~. tj:Uo~ '"T'e> \"'\~l? ~r;<.:_\_;\~fS'" . _._~____~_~~~~ _j}~'>';',~!: ;~hEi~~}.. ~ CURRENT ZONING MAP:' ~H 1\ ~_l-"(<:""" J' i~ !~:~~S:~~~~?;.~ ,;v EXISTING G.C.R.:!..oT~~;;\.,"/o't. - \..c-r '; ~ 'If,. I ofp :t.. PROPERTY LINES SHOWN ARE TAKEN FROM RECORDED DEED AND PlAN REfERED TO HEREON. BUILDINGS MONUMENTS ETC. ARE PlOTTED FROM FIELD MEASUREMENTS. · . N.S. AS-BUILT PLOT PLAN IN NANTUCKET, MASSACHUSETTS SGAb&: ~'-. _nAIE:_--=7____~~~_-- DEED REFERENCE: ~~ el4 I Y>1. p" ~'b1- PLAN REFERENCE:~~ 3o-~ ASSESSOR'S MAP ,?~4\PCL.~,ff1,1 ~ PREP AREO FOR: f '2>4 'E,.s"-A"Tf? 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TYPE AND COST OF BUILDING - All applicants complete Parts A-E A. TYPE OF IMPROVEMENT B. OWNERSHIP D. DIMENSIONS o New Building ~ivate Dimensions of Structure o Addition o Public First Floor Area: kt Alteration Second Floor Area: o Repair, replacement C.COST Third Floor Area: o Demolition TOTAL COST OF IMPROVEMENT Total Floor Area: o Moving / (~ oec", C>,:';' Full Cellar Area: E. PROPOSED USE Residential Detail scope of work by floor & provide the square footage. o One Family o Studio ~ - he;. <cr-IE...iT , '~I':;, 70""")(:, r-c::XV>j"'-.. \\...~~~ c~_ o Two or more family - Enter number of units -:;: J \ h 2<rk rOCV-l o Hotel, Motel, Dormitory enter number of units o Second Dwelling o Garage o Pool ~ o Other - Specify -1--CiJ 6 3. SELECTED CHARACTERISTICS OF BUILDING For new buildings and additions, complete Parts D-N . for Demolition, complete onlv Part 1., for all others skip to 4. F. PRINCIPLE TYPE OF FRAME H. TYPE OF SEWAGE DISPOSAL K. ACCESSORY HEAT SOURCE rJd'Nood frame ~bliC No. of fireplaces o Other - Specify o Private (septic tank. etc.) No. of Wood Stoves Other: I. TYPE OF WATER SUPPLY G. PRINCIPLE TYPE OF HEATING p1i~blic k1Gas o Electricity o Private (well) L. RESIDENTIAL BUILDINGS OOil o Heat Pump Number of Bedrooms C' J. SMOKE DETECTORS o Other - Specify ,- Number of Bathrooms I No. of Detectors Full I Partial See Plan for Location YYYl. - 3. Continued M. ENERGY CONSERVATION Type Thickness R Value Foundation or Floor insulation Wall Insulation ?\ ;'\ Ceiling or Roof Insulation K J~ Window Glazing: Insulated Glass Double Glass V~ Storm v~--- Doors: Insulated Yes No Weatherstripped: Yes No Percentage of Window Area to Wall Area: N. STRUCTURAL CHARACTERISTICS OF BUILDING Applicant is required to submit complete structural framing plans with application due to the complexity of the structure, if the following information is insufficient for proper plan review. Foundation Footing size: Footing reinforcing: Wall material: Wall thickness: Wall height: Wall reinforcing: Pier or column size: Pier or column spacing: Pier or column footing size: Pier or column reinforcing: No. of crawl space vents: Crawl space: 0 Full o Partial FRAMING: Main Carrying members: Size: Support Spacing: First Floor Framing Joist size: Maximum Span: Maximum Spacing: Second Floor Framing Joist size: Maximum Span: Maximum Spacing: Ceiling Framing Joist size: Maximum Span: Maximum Spacing: Roof Framing Joist size: Maximum Span: Maximum Spacing: Roof Truss Applicant must submit design calculations for all wood trusses stamped by a Registered Professional Engineer. ~ 5S,--.c~ SKETCH OF PROPOSED WORK (minor projects) --:::::::=-:- I ------ -1 \ 0....~b y\:. o?)cc....-"\ f,::-" C' I -~-----------,- . ~_._~\ ~ ---- \ f~~:~~ ! \ \ I \ /. \ I - /--t----------- .-.. --- I t ! - .- ~--~-_.- -" NOTES AND DATE (For DeDartment Use) FEE CALCULATIONS r ___1.-r \ A 1..'. -\- p r. '" k~ ... u ~ ,", \c- "K-(.+-0Y I '-'" \) 33 :-r / t' 5''1 Cfjf ~ ~~6~ 4. ZONING COMPLIANCE To be completed by all applicants Applicant is required to submit a registered plot plan with application, showing location of all structures. Zoning District: Total Land Area: Frontage on Street: Lot No.: Plan Book No. and Page: Land Court Plan No.: Date Lot Purchased: Certificate No.: Name of Previous Owner: SUBDIVISION INFORMATION Name of Owner: Date of Plan Approval: TIME SHARING Type of Approval: ANR AR INFORMATION Planning Board File No.: Is there a declaration of Covenants and Restrictions of Is the Subdivision subject to a Covenant: YES NO Interval Ownership noted on Is a Release required: YES NO your Title or Deed? Has Plan been filed with the Registry of Deeds? YES NO Yes No If YES: Plan Book and Page No.: Date - - DIMENSIONS Distance from Property Lines: FRONT REAR LEFT RIGHT Distance between Principal and Secondary Dwelling: (12ft. minimum) Height of structure above finish grade: N E S W Number of off-street parking spaces: Enclosed On-site GROUND COVER " Principal Dwelling: Secondary Dwelling: Addition: Total: SF. Garage: Allowable: SF. Accessory Building: Swimming Pool: Other: MISCELLANEOUS Was a request to "Determine Applicability of the Protection Act" filed with the Nantucket Conservation Committee? YES _ NO - If answered YES, include "Order of Conditions" with application. What date was the "Order of Conditions" with application. What date was the "Order of Conditions" filed with the Registry of Deeds? Is the property located within a Flood Hazard district? YES NO Was a Variance or Special Permit granted by the Board of Appeals? YES NO If answered YES, what date was the decision filed with the Town Clerk? FOR ZONING OFFICER Minimum Lot Size: Ground Cover Ratio: Frontage on Street: Side and Rear Setback: Front Yard: Secondary Dwelling approval Additional Comments: Board of Appeals Lot Release Form Date: ii' · ~ "- APPROVED B~ \- \ Zoning Officer 5. IDENTIFICATION - To be completed by all applicants Name Mailing address - Number, street, city and state Zip Code Telephone No. 1. Owner or Lessee L I.. I) C )-. S- 5 '( '-'-0'" 'lGC-<.C' ",- 5--c~(t, - .),~ (. -f { r '. 2. Contractor Print Name 5 C''-C Signature Builder's License Date 3. Contact Person ~(~ Date Works Compensation Insurance Certificate or Affidavit must be submitted with this application. I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make . plication as his authorized agent and we agree to conform to all applicable laws of this jurisdiction. Address Telephone # DO NOT WRITE BELOW THIS LINE 6. PLAN REVIEW RECORD - For Office Use Plans Review Required HISTORIC DISTRICTS COMMISSION /4~o~ ~4'~y SEPTIC / SEWER WATER WELL COMPLETION REPORT CONSERVATION COMMISSION FIRE CHIEF OVER-THE-ROAD (Board of Selectmen) ROAD OPENING PERMIT (DPW) PLUMBING ELECTRICAL 7. VALIDATION FOR DEPARTMENT USE ONLY Building :9 / I 3 If) 0/ Use Group Permit Issued / I Occupancy Load Building I 00 Census No. ~ ~JY Permit Fee ~Y6 ~ Approved by: Date of Issuance of =:?5>f4#- ~'//O7 Certificate of Occupancy Building Comfuissioner I' ~ 2 ~ . ~- ~. ,,# r- U >> ,,;.,-,~- ':;.__,.1 """",, ~ V '-= AECEltED APPLICATION Wlbl NOjQiI: DEEMED COMPLETE UNTIL REVIEWED BY eUfLfDi~ET INSPECTOR BUiLDING DEPT ;/Vu-o; ~ .I : . BUILDING APPLICATION NUMBER APPLICATION FOR PLAN EXAMINATION AND BUILDING PERMIT OWNERS NAME: Ramos, Edmund Trustee Last First Middle Initial 9 York Street 1. LOCATION OF BUILDING No. Stroot Village Assessor's Map No. ~1' & 139 ,-.... 1'~, "l a Assessor's Parcel No. 2. TYPE AND COST OF BUILDING - All applicants complete Parts A-D A. TYPE OF IMPROVEMENT o New Building o Addition (If residential. enter number of new housing units added, if any, in Part D, 13) .*Alteration (Soo 2 above) o Repair, replacement ODemolition (If multifamily residential. enter number of units in building in Part D, 13) o Moving (relocation) o Fou'ldation only B. OWNERSHIP ;)rPrivate (individual, corporation. nonprofit institution, etc.) o Public (Federal, State, or local government) C.COST Cost of: a. Structure b. Electrical c. Plumbing d. Heating e. Other TOTAL COST OF IMPROVEMENT BUILDING INSPECTOR'S ESTIMATE D. PROPOSED USE - (For "Demolition" most recent use) Residential Detail scope of work by floor & provide the i;:One Family square footage. o Two or more family - Enter number of untils o Transient Hotel, Motel or dormitory; or INTERVAL OWNERSHIP - enter number of units o Garage o Carport o Other - Specify Renovation of existing structure (op V~ Cnn .n?e/'-C; rd... DW~ J;.uc UN;'7-. .~- --,b :j,~ omit cents E. DIMENSIONS S50,000 10,000 10,000 5,000 Dimensions (New) of Dwelling or Addition: No. of Stories: First Floor Area: Second Floor Area: Third Floor Area: Total Floor Area: Full Cellar Area: Dimensions of Additional Structures: Garage: Accessory Bldg. Swimming Pool: Other: 75,000 3. SELECTED CHARACTERISTICS OF BUILDING F. PRINCIPLE TYPE OF FRAME o Masonry (wall bearing) ,*WOOd frame o Structural steel o Reinforced concrete o Other - Specify G PRINCIPLE TYPE OF HEATING 4Gas oOil o Electricily o Coal o Olher - Specify For new buildings and additions, complete Parts E-N for Demolition, complete only Part 1., for all others skip to 4. H. TYPE OF SEWAGE DISPOSAL ;j Public or private company o Private (septic tank, etc.) K. ACCESSORY HEAT SOURCE No. of fireplaces No. of Wood Stoves No. of Coal Stoves Solar Collector Other: I. TYPE OF WATER SUPPLY "Public or private company o Private (well, cistern) L SMOKE DETECTORS J. SPECIAL CHARACTERISTICS No of Dectectors Type (Battery or AC) See Plan for Location 4 AC o Air Conditioning o Heat Pump o Central Vacuum o Other M. RESIDENTIAL BUILDINGS ONLY Number of Bedrooms 2 Number of Bathrooms 2 Full ~ Partial , ~ 3. Continued N. ENERGY CONSERVATION Vpe Foundation or Floor insulation 1 be rg I ass Wall Insulation Fiberqlass Ceiling or Roof Insulation Hiqh-R Window Glazing: Insulated Glass X Thickness 6" 3 ~" R Value 20 13 30 4" Double Glass WeatherstriPpJ): Yes Existing Storm X X Doors: Insulated Yes No No Percentage of Window Area to Wall Area: Maximum BTU loss per hour of structure: . (Do not fill in if % of window to wall area is less than 20%) o. STRUCTURAL CHARACTERISTICS OF BUILDING Applicant is required to submit complete structural framing plans with application due to the complexity of the structure. if the following information is insufficiant for proper plan review. Foundation Footing size: Wall material: Wall height Pier or column size: Pier or column footing size: No. of crawl space vents: Exist. " Footing reinforcing: Wall thickness: Wall reinforcing: Pier or column .spacing: Pier or column reinforcing: Crawl space: 0 Full 0 Partial Exist. " " " FRAMING: Main Carrying members: Size: First F!oor Framing Joist size: Second Floor Framing Joist size: Ceiling Framing Joist size: Roof Framing Rafter size: Maximum Span: Maximum Span: Maximum Span: Maximum Span: Support Spacing: Maximum Spacing: Maximum Spacing: Maximum Spacing: Maximum Spacing: Roof Truss Applicant must submit design calculations for all wood trusses stamped by a Registered Profession Engineer. INTERIOR FINISH Bedrooms Living Room Family Room Dining Room Bathroom Utility Room Special (specify) Attic Cellar EXTERIOR FINISH Wall Material Roof Material Roof Type Walls Plaster Floors Wood Ceiling Plaster " II " " " " " " II " " " Exist. NOTES AND DATE (For Department U.e) FEE CALCUAL nONS 15S-Y. , t.fCJ:.. ag;z. --- . 4. ZONlNG COMPLIANCE To be completed by all appllcanll Applicant is required to submit a ~istered plot plan with application, showing location of all structures. .~ 3 C!JO 9.sr. Zoning District: Co; rI Total Land Area: ) Frontage on Street: Lot No. Plan Book No. and Page: land Court Plan No. Date lot Purchased: Certificate No. Name of Previous Owner: , SUBDIVISION INFORMATION Name of Owner: Date of Plan Approval: Type of Approval: ANR AR TIME SHARING Planning Board File No. INFORMATION Is there a declaration of Is the Subdivision subject to a Covenant: YES NO Covenants and Restrictions of Is a Release required: YES NO Interval Ownership noted on Has Plan been filed with the Registry of Deeds? YES NO your Title or Deed? " YES: Plan Book and Page No. Date Yes_ No_ I DIMENSIONS Distance from Property lines: FRONT REAR lEFT RIGHT Distance between Principal and Secondary Dwelling: (12ft. minimum.) Height of structure above finish grade: N E S W Number of off-street parkig spaces: Enclosed On-site GROUND COVER Principal Dwelling: 9SS- ~r..~"N,) ~a)';'Pte;tvf::j.. d ( V 9SS' Secondary Dwelling: Addition: II Total: SF. Garage: Allowable: J 5"00 SF. Accessory Building: : Swimming Pool: Other: MISCELLANEOUS Was a request to "Determing Applicability of the Wetland Protection Act" filed with the Nantucket Conservation Commillee? YES _ NO_ If answered YES, inclde "Order of Conditions" with application. What date was the "Order of Conditions" with application. What date was the "Order of Conditions" filed with the Registry of Deeds? Is the property located withing a Flood Hazard district? YES NO Was a Variance or Special Permit granted by the Board of Apeals? YES NO If answered YES, what date was the decision filed with the Town Clerk? FOR BUilDING DEPARTMENT USE ONLY Minimum Lot Size: Ground Cover Ratio: Frontage on Street: Side and Rear Setback: Front Yard: Additional Comments: Date \o\r1>\O\ APPROVED BY~ Zoning Officer . .. . l' 5. IDENTIFICATION - To be completed b allappllcanla Name Mialing address - Number. street, city, and State Zip Code Telephone No. 1. Edmund Ramos, TrustEe Box 183 02554 ??R Owner or Lessee 7\T--. ~..... M::> 2099 2. - , C. 7\ . T\""~H'" Builder's License General Contractor 1\1", MA II 3. Date Contractor ,;2/J./-5o S-c Signature 4. Architect or Engineer I hereby certify that the proposed work is authorized by the owner of record and that I have been a uthorized by the owner to make this application as his authorized agent and we agree to conform to all applicable laws of this JUflsdiction S;go""<o 01 'PPU,"2?' " Address Cj; C /" j' e ~ ~- .. :----".~ y/ ,?-- /1 DO NOT WRITE BELOW THIS LINE ,4; 6. PLAN REVIEW RECORD - For Office Use Plans Review Required HISTORIC DISTRICS COMMISSION SEPTIC SEWER WATER WELL COMPLETION REPORT CONSERVATION COMMISSION BOARD OF APPEALS SECONDARY DWELLING APPROVAL (Planning Board) FIRE CHIEF OVER-THE-ROAD (Board of Selectmen) RELEASE FORM (Planning Board) ROAD OPENING PERMIT (DPW) PLUMBING ELECTRICAL 7. VALIDATION FOR DEPARTMENT USE ONL Y Building Permit number //'ID-D/ Building Permit issued 11/rL/(j/ f Use Group Fire Grading Live Loading Occupancy Load ~. .~'\ Census No Je:> / ~ Date of Reissuance Building Permit Fee ~g;..- Approved by Date of Issuance of Certlflcate of Occupancy O~I BUilding Inspector . , ." ,\), ( "-. --- ~. '.. . ...:....) RECEIVEDAmendm nt# / /1 7'- (: / ApprOJal )ate /() -.t?- ~-CJ:2 RUILDING PERMIT NUMBER OCT 2 4 2002 ~I~~j #: A //0/0-0/ ,., ~ p/? /1'~~~,/7~~7 lyjJt;; APPLICATION FOR - '{iici~./?~ 77 NANTUCKET Bui1~j,fL~,. ( BUILDING PERMIT ru ,It -.. ~ IMPORTANT - Applicant to complete all items in Sections: 1, 2, 3, 4, and 5 1. OWNERS NAME (print): Ra./"'1J<;' Cd iYI "'~-'14 , LOCATION Last First Middle Initial OF q YDrK 5reuT BUILDING No. Street Assessor's Map No. 55-l.f/ Assessor's Parcel No. ' .., '1 / ,') 2. TYPE AND COST OF BUILDING - All applicants complete Parts A-E A. TYPE OF IMPROVEMENT B. OWNERSHIP D. DIMENSIONS o New Building GtPrivate Dimensions of Structure :;'0 X If' GtAddition o Public First Floor Area: o Alteration Second Floor Area: o Repair, replacement C. COST Third Floor Area: o Demolition TOTAL COST OF IMPROVEMENT Total Floor Area: o Moving Full Cellar Area: E. PROPOSED USE Residential Detail scope of work by floor & provide the square footage. o One Family ;J6c..) ?_~~~ o Studio o Two or more family, Enter number of units o Hotel, Motel, Dormitory enter number of units o Second Dwelling o Garage o Pool Gd"Other - Specify 3. SELECTED CHARACTERISTICS OF BUILDING For new buildings and additions, complete Parts D-N for Demolition, complete onlv Part 1" for all others Skip to 4, F. PRINCIPLE TYPE OF FRAME H. TYPE OF SEWAGE DISPOSAL K. ACCESSORY HEAT SOURCE o Wood frame o Public No. of fireplaces o Other - Specify o Private (septic tank, etc.) No. of Wood Stoves Other: I. TYPE OF WATER SUPPLY G. PRINCIPLE TYPE OF HEATING o Public o Gas o Electricity o Private (well) L. RESIDENTIAL BUILDINGS OOil o Heat Pump Number of Bedrooms J. SMOKE DETECTORS o Other - Specify Number of Bathrooms -- No. of Detectors ______ Full ~._-~~ Partial -------- See Plan for Location / 0 I' -;>c:'~ 3. Continued M. ENERGY CONSERVATION Type Thickness R Value Foundation or Floor insulation Wall Insulation Ceiling or Roof Insulation Window Glazing: Insulated Glass Double Glass Storm -- Doors: Insulated Yes No Weatherstripped: Yes No Percentage of Window Area to Wall Area: N. STRUCTURAL CHARACTERISTICS OF BUILDING ""fA Applicant is required to submit complete structural framing plans with application due to the complexity of the structure, if the following information is insufficient for proper plan review. Foundation Footing size: Footing reinforcing: Wall material: Wall thickness: Wall height: Wall reinforcing: Pier or column size: Pier or column spacing: Pier or column footing size: Pier or column reinforcing: No. of crawl space vents: Crawl space: 0 Full o Partial FRAMING: Main Carrying members: Size: Support Spacing: First Floor Framing Joist size: Maximum Span: Maximum Spacing: Second Floor Framing Joist size: Maximum Span: Maximum Spacing: Ceiling Framing Joist size: Maximum Span: Maximum Spacing: Roof Framing Joist size: Maximum Span: Maximum Spacing: Roof Truss Applicant must submit design calculations for all wood trusses stamped by a Registered Professional Engineer. SKETCH OF PROPOSED WORK (minor projects) NOTES AND DATE (Fo..r DeDartment Use) FEE CALCULATIONS r'6..0(1) D I{) - ;3- '-I - 02 A."'tF,...!l ~' t) 6-0 ~.oc dV /<(rSr-f. 7~~:: 1)7~ ~ (.~ ;.,...-- /~ 7'~x 4. ZONING COMPLIANCE To be completed by all applicants Applicant is required to submit a registered plot plan with application, showing location of all structures. Zoning District: KOH Total Land Area: :; , C(.... '1 s . i=". Frontage on Street: Lot No.: .... 0"- Plan Book No. and Page: PiM Fl!-<.. 3o~c.. Land Court Plan No.: N/4 Date Lot Purchased: Certificate No.: f3cu::.. i~ ~ P pee ~62 ...... Name of Previous Owner: :T0 4. $. iJ,>., (? a ,....v. ~ ,-- . Iv.> SUBDIVISION INFORMATION Name of Owner: Date of Plan Approval: TIME SHARING Type of Approval: ANR AR INFORMATION Planning Board File No.: Is there a declaration of Covenants and Restrictions of Is the Subdivision subject to a Covenant: YES NO Interval Ownership noted on Is a Release required: YES NO your Title or Deed? Has Plan been filed with the Registry of Deeds? YES NO Yes No If YES: Plan Book and Page No.: Date - - DIMENSIONS Distance from Property Lines: FRONT REAR ,.- LEFT )' RIGHT 1.1 Distance between Principal and Secondary Dwelling: (12ft. minimum) Height of structure above finish grade: N E S W Number of off-street parking spaces: Enclosed On-site if GROUND COVER Principal Dwelling: q~' S.f:. _'<.0 Secondary Dwelling: Addition: Total: SF. Garage: Allowable: 1,5D'-! SF. Accessory Building: Swimming Pool: Other: MISCELLANEOUS Was a request to "Determine Applicability of the Protection Act" filed with the Nantucket Conservation Committee? YES _ NO~ If answered YES, include "Order of Conditions" with application. What date was the "Order of Conditions" with application. What date was the "Order of Conditions" filed with the Registry of Deeds? Is the property located within a Flood Hazard district? YES NO y' Was a Variance or Special Permit granted by the Board of Appeals? YES NO V- If answered YES, what date was the decision filed with the Town Clerk? FOR ZONING OFFICER Minimum Lot Size: .. Ground Cover Ratio: Frontage on Street: Side and Rear Setback: Front Yard: Secondary Dwelling approval Additional Comments: Board of Appeals -- Lot Release Form - APPROVED BY ~/ ~ Date: [0 \ l,~ o-z..- --- Zoning Officer 5. IDJ:NTIFICATION - To be completed by all applicants Name Mailing address - Number, street. city and state Zip Code Telephone No. 1. Owner or Lessee ().:> .& ~~T rt~ () )..-C\.-7 ~~ e _ ). () S' c) 2. Contractor (:(V1, <> :::. Builder's License Date 3. Contact Person / D~ , 0"'\0 ~ Works Compensation Insurance Certificate or Affidavit must be submitted with this application. I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application as his authorized agent and we agree to conform to all applicable laws of this jurisdiction. ~.).., - ~ s-u Address Telephone # Print name ~~~ DO NOT WRITE BELOW THIS LINE 6. PLAN REVIEW RECORD - For Office Use Plans Review Required HISTORIC DISTRICTS COMMISSION Yo s.: S-b ?-;J~^ SEPTIC SEWER WATER WELL COMPLETION REPORT CONSERVATION COMMISSION FIRE CHIEF OVER-THE-ROAD (Board of Selectmen) ROAD OPENING PERMIT (DPW) PLUMBING ELECTRICAL 7. VALIDATION FOR DEPARTMENT USE ONLY I Building Use Group_ Permit Issued -- ~~-------~--------- ._----~ I Occupancy Load __ 0 Census No __ ____1<_2fL _ ----- I Building /'g- /-b Permit Fee - Approved by Date of Issuance of /7 4~ ?A:0 Certificate of Occupancy -:-;7..5 /. j . . ./ c') O? f c> 6....- Building Cornrf)'fssion r & hi' 61'-{- .E " , , " . TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June 3, 1988 Re: Decision in the Application of EDMUND J. RAMOS (044-88) Enclosed is a notice of the Decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days ~fter this date. t:;J1?AA:- ;( ~~, William R. Sherman, Chairman BOARD OF APPEALS cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MAY 20, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following decision upon the Application of EDMUND J. RAMOS (044-88) address Hooper Farm Road, Nantucket, MA 02554. 1. Applicant seeks a SPECIAL PERMIT under zoning By-Law SECTION 139-33A to alter and extend a non-conforming commercial use in the RESIDENTIAL-10 zoning district. The existing uses include a plumbing shop, a gas storage and a well-drilling business. Proposed is the con- struction and commercial use of a new 2400 SF building for such businesses. 2. The premises are located at 5 RAMOS COURT, said to be a private way off Hooper Farm Road, Assessor's Parcel 55-213.1, Plan Book 23, Page 21, Lot 4. Applicant also owns the plumbing business at a separate under-sized residential lot located at 9 York Street, Assessor's Parcel 55.4.1-139 (Book 132, Page 382)twe understand that is where Appli- cxant principally conducts his plumbing business. 3. Our findings are based upon the Application papers including copy of plan of subdivision dated 2/25/85 and site and bu~ing plans, 3 sheets undated (our Exhibit "A"), and representations and testimony received at our hearing. 4. Applicant represents that, prior to the mid-1972 adoption of zoning, he conducted the noted three businesses on the Ramos Court par- cel prior to its subdivision. He affirms that at least storage activities were so conducted and these were generally localized on the portion of that parcel now subdivided into Lot 4. We are urged to validate con- tinued non-conforming use restricted to Lot 4 because equipment and materials will no longer be stored in the open or in other places, e.g., closer to Hooper Farm Road. In addition, Applicant was represented as willing to discontinue his related plumbing business at his York Street ., (044-88) -2- lot, again a commercial use in a residential zone, along a much used in- Town street. 5. According to Applicant's counsel, the six off-street parking places shown on Exhibit "A" will fully meet the zoning requirement for the intended storage uses of the premises. No office or retail uses were noted and none shown on Exhibit "A", but there would presumably be at least a business office. In any event, Applicant will necessarily have to comply with the zoning requirements as to parking, loading area and screening. 6. While we are assured that most storage will be inside the proposed new building or in tn~ existing 1344 SF quonset hut and 400 SF shed, some vehicles and equipment or materials will likely be store~ outside. To minimize the usual imp~ct and possible neighborhood hazard, Applicant undertakes to locate all exterior commercial storage to the rear of the proposed new buiding on the surfaced area substantially as shown on Exhibit "A". Except in the case of trucks or other vehides, any such storage shall not have a height exceeding the height of the screening provided along the interior lot lines pursuant to Section 139~18F(1)(b) and as provided for below. Applicant also offers to provide the 20% open space referred to in Section 139-16F. 7. To support a favorable finding that the alteration and exten- sion of Applicant's commercial use will not be substantially more detri- mental to the neighborhood, the following conditions are imposed: (a) The alteration of the use formerly on the Ramos Road par- cel and now on Lot 4 is conditioned on no commercial use being conducted hereafter on any other of Applicant's lots in the subdivision, the use on all other lots being intentionally abandoned. (b) All of Applicant's York Street business activities will be transferred to his Ramos Road Lot 4 upon completion of the new build- ing and with in two months of issuance of a Certificate of Occupancy, with an intentional abandonment of all non-conforming commercial activities on his York Street lot; otherwise, Applicant shall not transfer any of such ,I \ . \ (-044-88 ) -3- activities to Lot 4. Allor nothing. (c) This Special Permit shall be valid and remain in force only as long as commercial activities on Lot 4 do not become a Major Commercial Development. See Section 139-9B(4), especially Subsection (a) [l][a]. (d) Year-round densely planted vegetative screening shall be maintained as a hedge around the interior lot-line perimeter of Lot 4 and extending across immediately in front of the new building, and low plantings across the front of the lot on either side of the driveway. (e) All commercial storage on Lot 4 shall be to the rear of the new building on the surfaced area shown on Exhibit "A", and stored materials and equipment (other than vehicles) shall be kept below the height of the perimeter screening. (f) The changes shall be in substantial conformity with Ex- hibit "A". 8. With these conditions, we are able also to find the relief in harmony with the general purpose and intent of the zoning chapter. We believe that neighborhood concerns are fairly answered and note that the Planning Board's recommendation was favorable. 9 Accordingly, by UNANIMOUS vote, this Board GRANTS to Applicant the requested SPECIAL PERMIT under SECTION 139-33A to alter the non- conforming commercial use by restricting it to Lot 4 since the sub- division, to construct and use the new 2400 SF commercial building and, if Applicant wishes, to transfer his York Street business to Lot 4, all subject to the above-noted conditions. Da ted: June 3, 1988 Nantucket, MA 02554 4L /" . /1 .- (~ll C~h ~ ~~/).~ William R. Shermr) ir~/~ 4-V);}ce~~ Dorothy D. Vollans C'lhl'h,'r t= ~<&.....',.~.o/JJ.!!l!'!"J 1T11J11:1Il~. -"''''''''''''-<;~