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HomeMy WebLinkAbout032-03 ~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: c:run~ /(p ,2COa To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the fol.lowing: Owner/Applicant: C. ~,19r('nn 032-03 G-QY'C( ~. ~IJt{m QV\(1} t{UT"h Application No.: 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. ~tJ~.90VJ-PtJ.- AJOv)~~ . ..~(en9 I Chairman 8 --i-.. o~.- ~!.. Z. C- c: 2: :u n cc: Town Clerk Planning Board Building Commissioner ('") r f-:- -.. 0\ :~.' -0 PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES~'HAVE A ~IME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING"TO N~TUCKE~ ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES) I ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. '. NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 64 Monomoy Road Limited Use General-1 Land Court Plan 13219-E, Lots 13 and 14; also adjacent unregistered land Certificate of Title No. 18121; Deed, Book 660, Page 55 Assessor's Map 43, Parcel 109.1 (includes 109.3 and 109.4) DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, April 11, 2003, 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 of GARY L. PILGRIM and RUTH E. PILGRIM, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 032-03: 2. The Applicants are 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 Applicants propose to alter the existing pier, about 332 feet long, which extends into Nantucket Harbor from their property, by removing a section of about 52 feet from the end of the pier and thus shortening the pier, and placing a ramp and float at the end of the truncated pier. The overall length of the pier, together with the ramp and float, would be reduced by about 12 feet, so that the total length would be about 320 feet. The Applicants represent that the pier existed prior to April 30, 1992, and the adoption of By-law ~139-22.B, which prohibits the addition or creation of new appurtenant structures to piers existing prior to that date. In the alternative, the Applicants are seeking relief by VARIANCE from ~ 139 - 22 . B, to the extent necessary to enable them to alter the pier and add the ramp and float as proposed. The proposed alterations have been approved by the Nantucket Conservation Commission under an Order of Conditions dated February 21, 2003, in Massachusetts Department of Environmental Protection File No. SE48-1596. The subject property (the "Locus") is situated at 64 MONOMOY ROAD, Assessor's Map 43, Parcel 109.1 (Parcels 109.3 and 109.4 are included in the same assessment), consists of Lots 13 and 14 on Land Court Plan 13219- E and an unregistered strip lying between these lots, and situated in a Limited Use General-1 zoning district. 3. Our Decision is based upon the Application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation, on the basis that no matter of planning concern was presented. There was no support or opposition presented at the public hearing except for the presentation by the Applicants' representatives. 4. As presented to the Board of Appeals by the Applicants' representatives, the pier extending into Nantucket Harbor from the Locus was built many years ago by a prior owner, and pre- exists the 1972 adoption of the Nantucket Zoning By-law. The pier is built out over shallow water, and apparently was built to its present extent in order to reach water deep enough to float the prior owner's vessel. However, the pier is built high above water level, and is not practical as a means of access to small pleasure watercraft. Accordingly, the applicants' surveyor and engineer have designed a modif ication to the pier, which will foreshorten the existing pier by 52 feet and place a ramp and float at the end, as approximately shown upon a plan by Sullivan Engineering, Inc. and Blackwell and Associates, Inc., dated November 7, 2002, revised February 7, 2003, a reduced copy of which is attached hereto as Exhibit A. This system will allow for convenient access from the float to small boats, with the overall length of the structure, including the ramp and float, being about 12 feet shorter than the existing pier. The ramp and float will be removed from the Harbor for storage each winter. 5. By-law ~139-22.B prohibits for all non-public owners, in all zoning districts except the Residential-Commercial district, construction of new docks, piers and wharves, extension of existing docks, piers and wharves, and the addition or creation of new appurtenant structures for existing docks, piers and wharves, except for docks, piers and wharves approved by the Nantucket Conservation Commission prior to April 30, 1992. Because, as represented by the Applicants and found by the Board of Appeals, the subject pier existed prior to April 30, 1992, the question of the alteration of this nonconforming, pre-existing structure while not increasing its extent is governed by By-law ~139-33 .A(4), for the alteration of pre-existing, nonconforming structures or uses. 6. Based upon the foregoing facts, the Board of Appeals, by UNANIMOUS vote made the finding that the proposed alteration of the pier upon the Locus would not be substantially more detrimental to the neighborhood than the existing nonconforming pier, in that the pier would be shortened and the float would be lower than the existing pier structure, and GRANTED RELIEF by SPECIAL PERMIT under Nantucket Zoning By-law ~139-33.A(4), to allow the alteration of the pier as proposed and shown on attached Exhibit A. Dated: June ~, 2003 2 TO: TOWN CLERK'S OFFICE FROM: LINDA F. WILLIAMS, ZBA ADMINISTRATOR DATE: JUL Y 9, 2003 RE: ZBA FILE NO. 032-03 It has just been brought to my attention that there was a clerical error on the first page of the text of the above referenced Decision. The copy filed with your office stated in the description ofthe property in the heading at the top of page 1, that the property is shown on Land Court Plan 13210-E, as "Lots 13 and 14" and the same error is repeated at the end of paragraph 2. The correct lot number description is "Lots 13 and 16". Please add this memo and attached corrected first page to the already filed copy of the Decision. As this cover sheet states, there is no 20-day appeal period required for clerical corrections. The Registry of Deeds needs a corrected version to be filed at the Town Clerk's office and certified by your office before they will file it against the record in their office. Should you have any questions, please do not hesitate to call this office at 508-228-7215. d v.J ::1J -1 0 ~:..- '. c- . l ~ - c Z "'.u r- j - ,.-- - '- . , p- -0 . W .-- (f1 0 I. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Date: j'cJ~ II I~ TO: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: OWNER/APPLICANT: M' (1fY) 03:<~ \ ()-Clrq 1.,-. ~( J ~('J m and R uTh c5~ APPLICATION NO.: Enclosed is the Decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. This Decision provides a CLARIFICATION (not a Modification), an EXTENSION, or authorizes a TEMPORARY PERMIT under Nantucket Zoning By-Law ~139-26H, with NO twenty (20) day appeal period required. Chairman cc: Town Clerk Planning Board Building Department NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 64 Monomoy Road Limited Use General-l Land Court Plan 13219-E, Lots 13 and 16; also adjacent unregistered land Certificate of Title No. 18121; Deed, Book 660, Page 55 Assessor's Map 43, Parcel 109.1 (includes 109.3 and 109.4) DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, April 11, 2003, 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 of GARY L. PILGRIM and RUTH E. PILGRIM, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 032-03: 2. The Applicants are 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 Applicants propose to alter the existing pier, about 332 feet long, which extends into Nantucket Harbor from their property, by removing a section of about 52 feet from the end of the pier and thus shortening the pier, and placing a ramp and float at the end of the truncated pier. The overall length of the pier, together with the ramp and float, would be reduced by about 12 feet, so that the total length would be about 320 feet. The Applicants represent that the pier existed prior to April 30, 1992, and the adoption of By-law ~139-22. B, which prohibits the addition or creation of new appurtenant structures to piers existing prior to that date. In the alternative, the Applicants are seeking relief by VARIANCE from ~139-22. B, to the extent necessary to enable them to alter the pier and add the ramp and float as proposed. The proposed alterations have been approved by the Nantucket Conservation Commission under an Order of Conditions dated February 21, 2003, in Massachusetts Department of Environmental Protection File No. SE48-1596. The subject property (the "Locus") is situated at 64 MONOMOY ROAD, Assessor's Map 43, Parcel 109.1 (Parcels 109.3 and 109.4 are included in the same assessment), consists of Lots 13 and 16 on Land Court Plan 13219- E and an unregistered strip lying between these lots, and situated in a Limited Use General-1 zoning district. 3. Our Decision is based upon the Application and accompanying materials, and representations and testimony recei ved at our public hearing. There was no Planning Board recommendation, on the basis that no matter of planning concern was presented. There was no support or opposition presented at the public hearing except for the presentation by the Applicants' representatives. '. ,.. ~ ~ " " ~ ~ ~ ~ ~ : II ~ " - ~ ~ l ~ ~ 't; ~ I I :il ~ II - ~ &. ~ J: ~ c: 'c:: Q c; ~ 't; ~ <Q II ~ " ., 0.-; ~ ~ 'L " ~ '" .. ~ : I ~ l .. 't; ~ I ~ "'ll"; ~ 8.. ~ ~ d: ~ c: Q.) E: Q.) <J -'2 ~ i:S ~ ~~ Q.).,... b ~o...;? .~.~ ~ -e.~ r>i ~~ ~o ~;Tr-;~"-; /t.(<>l~I,." /il"Y,,'M %,,"r;p".' ... .' l:4", .,d 1..< " 1<"..."._ . \'.. '~'. '.:'1 l:\!~",? '. t .'5 \ ~...:: _I .(..) .:": ).' \ "'<. >'-iEEl (/f\") \::&~~;i:i!~~ r / \ ~ \ .~~~? \ ~'2 :; v~.~ ~ o...;~ EXHIBIT l: ~~ .~ &; ct~ ~;g Q; c; <: 0'31: ooj,; ---"'-:i 0- -~ '~ /" O'~ /1~ - ,', .~ \J '-- 0 E'o "- Q:: Q <z .c >-, ~ ~O :JE~ Q::oQ.) c:.>c: ~ou ~.2 o c: o -.;t 0 l:J<D<: <i ~ ~ ~ -0 ~ tel ~"'l"l ~~cjo ~~~ ~telCJ~ g;~"'l~ -";d'-'l"", '-'l-": "t:l t3 ..: ~d-.:t:2 g~u 0.4..... :::, ~~Oh ~.."l=<:; :.::~ -..; Ud:; :;,; :s t:!:l u r:: 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, APRIL 11, 2003, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: GARY L. PILGRIM AND RUTH E. PILGRIM BOARD OF APPEALS FILE NO. 032-03 Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33A (alteration/expansion of a pre-existing nonconforming structure/use). Applicants propose to alter the existing pier, about 332 feet long, which extends into Nantucket Harbor from their property, by removing a section of about 52 feet from the end of the pier and thus shortening the pier, and placing a ramp and float at the end of the truncated pier. The overall length of the pier, together with the ramp and float, would be reduced about 12 feet, so that the total length would be about 320 feet. The pier is said to have existed prior to April 30, 1992, and the adoption of Nantucket Zoning By-law Section 139-22B, which prohibits the addition or creation of new appurtenant structures to piers existing prior to that date. In the alternative, the Applicants are seeking relief by VARIANCE from Section 139-22B, to the extent necessary to enable them to alter the pier and add the ramp and float as proposed. The proposed alterations have been approved by the Nantucket Conservation Commission under an Order of Conditions dated February 21,2003 and in Massachusetts Department of Environmental Protection File No. SE48-1596. The Premises is located at 64 MONOMOY ROAD, Assessor's Map 43, Parcel 109.1, Land Court Plan No. 13219-E, Lots 13 and 14, also unregistered parcel, shown in Deed Book 660, Page 55. The property is zoned Limited-Use-General-l. A THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 March 5, 2003 Date No. ~1/-03 CASE APPLICATION FOR RELIEF Owner's name(s): Gary L. Pilgrim and Ruth E. Pilgrim Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP Applicant's name: Same Mailing address: POSt Office Box 2669, Nantucket, Mass. 02584 Location of lot: Assessor's map and parcel number 43-109.1 Street address: 64 Monomoy Road Zoning district LUG-1 Land Court Plan 13219-E, Lots 13 and 16; also unregistered parcel Date lot acquired: 11/6/97 Cert. of Title 18121; deed, Book 660, Page 55 Uses on lot - commercial:- None x or MCD? --- _ number of: dwellings 1 duplex apartments rental rooms Building date(s): all pre-8772? or C of-o? Building Permit appl'n Nos. -- ----- Case Nos. all BoA application~wsuits: State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139-32A x if Variance, 139-30A x if a Special Permit (and 139-33A x if to alter or extend a nonconforming use). If appeal per 139-31A & B ,attach decision or order1 appealed. OK to attach addendum2 01 C ~'-.: L: (''") .... C. ". L' eo N c..: c-: ~..::: 11.J :c a::: (V) p The applicants propose to alter the existing pier, about 332 feet long, which extends into Nantucket Harbor from their property, by removing a section of about 52 feet from the end of the pier and thus shortening the pier, and placing a ramp and float at the end of the truncated pier. The overall length of the pier, together with the ramp and float, will be reduced by about 12 feet, so that the total length of the pier, ramp and float will be about 320 feet. The pier existed prior to April 30, 1992, and the adoption of Nantucket Zoning By-law !i139-22.B, which prohibits the addition or creation of new appurtenant structures to piers existing prior to April 30, 1992. Accordingly, the applicants request relief by Special Permit under !i139-33.A for the alteration of the pre-existing, nonconforming pier structure by adding the proposed ramp and float while reducing the overall length of the pier, including the ramp and float. In the alternative, the applicants request relief by Variance from !i139-22,B to the extent necessary to enable them to alter the pier and add the ramp and float as proposed. The proposed alterations have been approved by the Nantucket Conservation Commission under an Order of Conditions dated February 21, 2003, in Massachusetts Department of Environmental Protection File No. SE48-1596. Items enclosed as part of this Application: order1 addendum2 Locus map x Site plan x showing present x + planned x structures Floor plans present -proposed elevations (HDC-approved? ) Listing lot area frontage setbacks GC~ parking data-- Assessor-certifiea-addressee list 4 sets X-mailing labels 2 sets ~ $300 fee payable to Town of Nantucket 3 proof3 'cap' covenant l(If an appeal, ask Town Clerk to send Bldg Comr's record to BO~) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties o~ pe:tt~ /;1 ~ SIGNATURE: ~! ~ L Applicant __ Attorney/agent ~ 3(If not owner or owner's attorney, enclose proof of authority) USE /!l~~l;~~? by waive . /(/." -41 ~a!:? wi hdra~? 1 1 __I __ mailed--=-I _/_ other F: \WpOPQ\pilgrim\ZBA APP. doc 6 o o .. '" uJ -1- flfAflfJrlfl C JJ( lE J! f'~CL " wi I III! A1 J& lB (() l/!1 ,to h I -r I -----r-- I I l. tN.C.) OEI~OTE$ NOT COJr/STRUCTED. 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LOW TIDE, 1O-24-01....1:25PM DENOTES APPROX. EDGE OF EEL GRASS DENOTES APPROX. EDGE OF BEACH GRASS ~ \ ,'. EDGE OF ffI..-GRASS 'i ~ ../ ,. . --..... ,.' '- .' '...., .. .. , ..........._~...-.... \ ......^_.. IN ________ -1.0 , ......1) ~,\"........ ..- ,q.-. 1.0 i -~V' \ '\ -",' 4.0 5.0 ___0.0 1.0 LOT 14- CERT NO. 16225 4,J-ff5 N/F ANATHAN FAUILY TRUsr 4,J-~9.2 N F SIXTY-SIX ONOMOY ROAD NOMINEE TRUsr CERT NO. 16225 LCPL 1J219E LOT 15 43- ff 0 N/F ERNSJ; ROGER &: JEAN OWNERS REF: GARY & RUTH PILGRIM CERT.# 18,121 LCPL: 1 J219-E DEED: 699-226 PLAN: PLAN NO. 01-2J ZONING: LUG 1 G.C.P. 5.6%:f: EXISTING CONDITIONS PLAN 64 MONOMOY ROAD NANTUCKET MA. PREPARED FOR: GARY AND RUTH PILGRIM SCALE: 1"; 80 DATE: FEBRUARY 15, 2002 MAP/PARCEL: 43-109.1 CERT. OF TITLE: 18121 BLACKWELL and ASSOCIATES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228-9026 CURRENT ZONING CLASSIFICATION: Limited Use General 1 (L.U.G.-1) MINIMUM LOT SIZE: MINIMUM FRONTAGE: FRONT YARD SETBACK: REAR/SIDE SETBACK: GROUND COVER %: 40,000 S.F. 100 FT. 35 FT. 10 FT. 7% '3 'I"':J ASSESSOR'S MAP43, PARCEL 109.1 8-577J ~P-.:,'M!'?ii;':.ll:=~m<JF,l -____NIIIIl-.J '1'cJ-}!'E.?,--~"".i<''''~ofi'~ .~ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, S40 And the Town of Nantucket Bylaw Chapter 136 F" .- (J- , .-- ,.-r .~'~ ..../- DEP File Number: SE48-1596 Provided by DEP A. General Information From: ~Ved & Entlilred -....... . )..;;).\ \ ~C03 Time:.2. J.::, Date. 0 D' 'ct Nantucket Registry Istrq I ( Document No. ) 00 ~O Gart of Title No. I R \ ;::}.. \ Joanne L. KeH9Y ~istam Recmder Nantucket Conservation Commission Conservation Commission This issuance if for (check one): ~&E"*M .d5"YO~ 0.: OJ 20(J3 Trme: d~ with Nantucket County t::>MdI 9ook; '60'-1 p~; 231 Joan.. L. K6iley R-ei3ler Qf o.eds ~ Order of Conditions D Amended Order of Conditions To: Applicant: Gary L. and Ruth E. Pilgrim Name 121 Mine Road Mailing Address Malvern CityfTown Property Owner (if different from applicant): same Name Mailing Address PA State 19355 Zip Code CityfTown State Zip Code 1. Project Location: 64 Monomoy Road Street Address 43 Assessors Map/Plat Number Nantucket CityfTown 109.1/ lots 13 and 16 Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Nantucket County 18,121 Certificate (if registered land) 699 Book 13219-E PI NO.01-23 Land Court Plan 226 Page 3. Dates: January 24, 2003 Date Notice of Intent Filed February 19, 2003 Date Public Hearing Closed February 21, 2003 Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Proposed Pier Modification at 64 Monomoy Road as revised Title Existing Conditions Plan to Accompany a Notice of Intent Title Feb. 7,2003 Date Jan22,2003 Date The Notice of Intent, Jan. 2003, and the Letter from Pamela Neubert dated Feb.13, 03 Title Date 5. Final Plans and Documents Signed and Stamped by: Peter Sullivan Name 6. Total Fee: $ 664.00 (from Appendix B: Wetland Fee Transmittal Form) ~ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, ~40 And the Town of Nantucket Bylaw Chapter 136 DEP File Number: SE48-1596 Provided by DEP B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: 0 Public Water Supply ~ Land Containing Shellfish 0 Prevention of Pollution 0 Private Water Supply ~ Fisheries ~ Protection of Wildlife Habitat 0 Groundwater Supply ~ Storm Damage Prevention ~ Flood Control ~ Recreation (Bylaw) ~ Erosion and Sediment (Bylaw) ~ Wildlife (Bylaw) ~ Wetland Scenic View (Bylaw) ~ Protection of Wildlife Habitat (Bylaw) Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ~ the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: o the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. o the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised NoJtice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Wpaform5.doc' rev. 2/19/03 Page 2 of 9 ~ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, S40 And the Town of Nantucket Bylaw Chapter 136 DEP File Number. SE48-1596 Provided by DEP B. Findings (cant.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" (or, "MA DEP"] "File Number SE48-1596 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. Wpaform5.doc' rev. 2/19/03 Page 3 of9 111 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, S40 And the Town of Nantucket Bylaw Chapter 136 OEP File: ~Jumr~(;c SE48-1596 Provided by DEP B. Findings (cant.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. ?lei3_~~r<=fe rence attac~~_cLfi nd i ng~90_g_;::ld d ition~~n_d itions __ Findings as to municipal bylaw or ordinance Furthermore, the Nantucket Conservation Commission Conservation Commission hereby finds (check one that applies): o that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued ~ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw speCifically Town of Nantuc:.~~~E3Jl~"",-_ _~_ MuniCipal Ordinance or Bylaw _ ___~~ap~E3 r 1l~___ _._ _ Citation The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. Wpaform5.doc. rev 2/19/03 Page 4 of9 -. ~ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, S40 And the Town of Nantucket Bylaw Chapter 136 DEP File Number SE48-1596 Provided by DEP 81. Additional Conditions (Issued by the Town of Nantucket) The Town of Nantucket Conservation Commission has found it necessary to include these additional conditions as a standard part of every Order. If the condition applies, then the corresponding box will be checked: [gj 1. Pursuant to General Condition Number 8, this Order of Conditions must be registered with the Registry of Deeds for Nantucket, and proof of recording shall be submitted to the Commission prior to the commencement of any work approved in this Order. [gj 2. No work approved under this Order shall take place until all administrative appeal periods from the Order have elapsed, or, if an appeal has been filed, until all proceedings have been completed. [gj 3. The landowner, applicant, and/or the contractor will notify the Commission in writing five days prior to the start of work. The letter shall state the name, address, and telephone number of the project supervisor who will be responsible for insuring onsite compliance with this Order. (All erosion/sedimentation control devices shall be installed BEFORE the start of work) D 4. Prior to any activity at the site, a snow fence, siltation fence or a line of straw bales shall be staked as shown on the plan of record or as authorized by the Commission. After the fence or straw bales are installed, notice shall be given to the Nantucket Conservation Commission. No work shall begin on the site for 72 hours after said notice is given; so as to allow Commission members time to inspect all siltation devices. The snow fence, siltation fence, or straw bale line erected to prevent siltation, erosion, filling of the wetland, and trap windblown debris during construction, will also serve as a limit of the activity for work crews. It shall remain in good repair during all phases of construction, and it shall not be removed until all soils are stabilized and revegetated or until permission to remove it is given by the Commission. [gj 5. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, and having the same scale as the final approved plans, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance, and shall specify how, if at all, the completed plan differs from the final approved plan. The as-built plan shall include, but not be limited to, the following: any/culvert inverts for inflow and outfalls; pipe slope, size, and composition; location of any other drainage structures and their composition; limits of fill or alteration; location of all structures and pavement within 100 feet of the wetland; the edge of the wetland; the grade contours within 100 feet of the wetland. [gj 6. Members, employees, and agents of the Commission shall have the right to enter and inspect the premises to evaluate compliance with the conditions and performance standards stated in this Order, the Massachusetts Wetlands Protection Act, and pertinent Massachusetts regulations (310CMR10:00 through 10:99). The Commission may require the submittal of any data deemed necessary by the Commission for that evaluation. [g] 7. The applicant, owners, successors, or assignees shall be responsible for maintaining anyon-site drainage structures and outfalls, assuring the lasting integrity of vegetative cover on the site, and monitoring of site activities so as to prevent erosion, siltation, sedimentation, chemical contamination, or other detrimental impact to anyon-site or off-site resource area. It shall be the responsibility of the property owner of record to ensure compliance with the maintenance conditions required by this Order. Wpafonn5.doc' rev. 2119/03 Page 5 of 9 ILi,.~,~,__H_...,. "..;i., '.. .___ -. . /'~~ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, S40 And the Town of Nantucket Bylaw Chapter 136 DEP File Number SE48-1596 Provided by DEP 81. Additional Conditions (cont.) ~ 8. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. ~ 9. A complete copy of this permit, including its drawings, Special Conditions, and any Amendments shall be available at the work site whenever work is being performed The permittee shall provide a copy of this permit to all contractors, subcontractors, and other personnel performing work relating to this project in order to assure full knowledge and compliance with the permit's terms and conditions. D 10. Natural vegetation between the wetland edge and upland edge of the Undisturbed Buffer shall be left intact. Within 48 hours of project completion, weather permitting, all disturbed areas shall be replanted as previously approved by the Commission. There shall be at least a 25- foot undisturbed buffer on the upland side of the wetland boundary. This shall be an ongoing Condition that shall survive the expiration of this permit and shall be so noted on the Certificate of Compliance. D 11. To minimize adverse effects on wildlife and water resources, the use of any pesticide or fertilizer requires explicit permission to be granted by the Commission. This shall be an ongoing Condition that shall survive the expiration of this permit, and shall be so noted on the Certificate of Compliance. D 12. In all cases, no part of any structure, including decks, stairs, cantilevers, etc., may be closer than 50 feet from the approved wetland boundary. This shall be an ongoing Condition that shall survive the expiration of this permit and shall be so noted on the Certificate of Compliance. ~ 13. Any refuse material found on the site shall be disposed of at an approved landfill and in no case may these materials be buried or disposed of in or near a wetland. ~ 14. This Order of Conditions shall apply to any successor in interest or successor in control of the property. [gJ 15. No underground petroleum product storage tanks are allowed within 100 feet of any wetland or within any velocity (V) flood zone as indicated on the most recent FEMA floodplain maps. ~ 16. No work under this Order of Conditions may proceed until the applicant has filed all necessary permits and applications with: Board of Health, ZBA, HDC, Building Inspector, Army Corps of Engineers, DEP, Waterways, MNH, etc. ~ 17. All construction and alterations must comply with the above referenced plans and the Conditions of this Order. Any changes intended to be made in the plans or in the work shall require the applicant to file a new Notice of Intent, or to inquire of the Commission in writing whether the change is substantial enough to require a new filing. No change in plan or work under this filing is permissible without a new Notice of Intent, or permission from the Commission. Wpaform5.doc . rev. 2/19/03 Page 6 of 5 FINDINGS and ADDITIONAL CONDITIONS Gary and Ruth Pilgrim DEP FILE NUMBER SE48-1596 ASSESSOR'S MAP 43, PARCEL 109.1 64 Monomoy Road UNDER THE MASSACHUSETIS WETLANDS PROTECTION ACT (MGL CHAPTER 131, SECTION 40) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET (CHAPTER 136) This Order of Conditions permits the replacement of 280 linear feet of existing pier decking with new decking, the removal of 52 feet of existing pier and replacement with a float system. No waivers are required. FINDINGS 1. Applicant Names Gary and Ruth Pilgrim DEP File Number SE48-1596. 2. This Order of Conditions is being issued based upon strict accordance with the information submitted in the Notice of Intent dated 1/23/2003 and the Plan of Record dated as revised 2/7/2003 and stamped by Peter Sullivan and the Existing Conditions plan dated 2/22/03 and stamped by Leo Asadoorian. 3. Areas subject to protection/regulation are coastal dune. land subject to coastal storm flowage, land under the ocean, land containing shellfish and their buffer zones: 4. This Order is in accordance with a vote by the Nantucket Conservation Commission to close the public hearing on 2/19/2003 and a vote to issue Orders taken by the Commission on 2/19/2003. 5. This Order permits the replacement of280 linear feet of existing pier decking with new decking, the removal of 52 feet of existing pier and replacement with a float system. 6. A waiver is not required as the project is deemed water dependent. In addition to the above referenced GENERAL CONDITIONS the Commission has found it necessary to include the following Additional Conditions pursuant to MGLCh131s40 and the Town of Nantucket Wetlands Protection Bylaw, Chapter 136. The above listed General Conditions and Findings are automatically part of this Order of Conditions. ADDITIONAL CONDITIONS 18. All work shall be done in accordance with the Project ?\arrative attached to the "\'otice ofIntent. 19. Replacement decking for the pier shall be cut in a work area in excess of 50' landward from the existing pier and hand carried to the pier for installation. 20. No work on the pier or float shall commence after February 15th of any calendar year or before September 15th of any calendar year without the written permission of the Marine Department. Such written permission shall be provided to the Conservation Commission prior to the start of work. 21. Modification to the tloat design shall be made in accordance with the letter from ENSR dated 2/13/03 provided by the applicant. 22. Ongoing monitoring of eelgrass and shellfish habitats shall be done in accordance with the letter from ENSR dated 2/13103 provided by the applicant. Monitoring reports shall be provided to the Conservation Commission and Marine Department by August 29th, 2003. If adverse impacts to eelgrass or shellfish habitats have occurred as a result of the project as permitted and its ongoing use, the applicant, after review and approval by the Commission and Marine Department staff, will implement necessary mitigation measures and file for any and all permits deemed necessary. WAIVERS UNDER THE NANTUCKET WETLANDS BYLA \V/REGULA TIONS: No waivers are required for the project as permitted by this Order. ~ ~l Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, S40 And the Town of Nantucket Bylaw Chapter 136 DEP File Number SE48-1596 Provided by DEP B. Findings (cant.) Additional conditions relating to municipal ordinance or bylaw: Please reference attached findings and additional conditions This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. February 21, 2003 Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A) and the property owner (if different from applicant). Signatures: Peter Hull Clark Whitcomb On 19th Day Of February 2003 Month and Year before me personally appeared The Above Commissioners ~"",tt~~~l.~"~~~".ts? me known to be the person described in and who executed the foregoing instrument and acknowledged ~~(i'. :,:,:,/ .I':ili"~ he/s e executed the same as his/her free act and deed. ! .:'''~W~ .,~<~o;<J' .%./ ~*: ~" ," ~:' / . . ~ August 8, 2008 i : ~ !~ ,~~t ry Public Michelle J. Roberts My Commission Expires ~.... ~..... .. . ~ 1--r- .~"'(jSE1<\ ~ 'J'l$ Order IS Issued to the applicant as follows: ~v>- ... ~,,::;; Ifll/.' "lRy pu'O ,,~., rVl . l'IIIl!II!I!l\\\\'\\\ 16I by hand delivery on o by certified mail, return receipt requested, on February 21, 2003 Date Date Wpaf0n115.doc' rev. 2/19/03 Page 7 of 9 ~ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, S40 And the Town of Nantucket Bylaw Chapter 136 DEP File Number SE48-1596 Provided by DEP c. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 1003(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M. G. L. c. 131, ~ 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Nantucket Conservation Commission Conservation Commission WpaformS.doc' rev. 2119/03 Page 8 c~ S ~ Wl Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, ~40 And the Town of Nantucket Bylaw Chapter 136 DEP File Number SE48-1596 Provided by DEP D. Recording Information (cont.) --------------------------------------------------------------------------------------------------------------------------- Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Nantucket Conservation Commission Conservation Commission Please be advised that the Order of Conditions for the Project at Project Location DEP File Number Has been recorded at the Registry of Deeds of: Nantucket County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant WpaformSdoc. rev. 2/19/03 Page 9 of 9 .~ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E - Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, S40 A. Request Information 1. Person or party making request (if appropriate, name the citizen group's representative): Name Mailing Address Cityrrown State Zip Code Phone Number Fax Number (if applicable) Project Location Mailing Address Cityrrown State Zip Code 2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1 )): Name Mailing Address Cityrrown State Zip Code Phone Number Fax Number (if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for (check one): o Superseding Order of Conditions o Superseding Determination of Applicability o Superseding Order of Resource Area Delineation Send this form and check or money order for $50.00, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform5doc. Appendix E . rev. 2/19/03 Page 1 of 2 -~ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WP A Appendix E - Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, S40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see Appendix A). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant wpaform5.doc' Appendix E . rev. 2/19/03 Page 2 of2 ~\ UV TOWN OF NANTUCKET ZONfNG BOARD OF APPEALS BOAR~~fEIVED ASSESSORS ,MAR 1 4 2003 NAN~~~~g= ,MA LIST OF PARTIES IN INTEREST IN TI-IE MATTER OF TI-IE PETITION OF PROPERTY OWNER:..b4!J-...~:..r'.'.!.1.n~.......~..~~....~,...'P t' (3 fl'!)'! MAl LfN GAD D RES S:.............. ...... ................................... ........................... . . PROPERTY LOCA TION:.(P~........~9.np.m~.y.....'].9..~d....... ..... .............. ASSESSO RS MAP/P ARCEL:.... .1.3..::....I.Q.9.~.L.................. ... ...... .... ............. S.'UsMITTED By:]ead.c",-..6.~~k~~.t..~J~....4...0.: f&r.d) uP SEE ATTACHED PAGES I certify that the foregoing is ;:: list of persor.s who are owners of abuning properw, Q\\ncs Of '2.:'.::: directly opposite on any public or private streel or way; and abuners of the abuners and all air.::' land O\\l1ers within three hundred feet of the property line of owner' s property, all 2 s the) 2. PP::2: on the most recent applicable tax list. (M.GL. c. LlOA, Section 11 Zoning Code Ch2pter 1:;9 Section 139-29D (2) ) -S 2.[ Ii", (jJ3 DAT::: SESSOR'S O?FiCE TO\~'N OF i'::-')H UU'.E~ <l ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ j ~~~i~i~~~~i~~~~~i~~~~~~~ ... ~fil~~~e~filifilfil~filifilifil~ifil~~~=~ ~ {ji:i~ii~iiii~i~ii:o:i{jt'i{j5{j as Nr-4CJ\C7'ol.D\O\DO\r--r--U')U"I\DNONNCIO. I I 0 111 r-1\D LflIllLtlU")f'\O\D\Dl.O\D\O\O\Or--f"'\D r---..,.... r-I o 0 0 ..,. ,... ,... 0 ..,. ..,. ..,. ..,. C7'o ~ LI'l N N M ~ U') U') P. 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