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Home My WebLink About053-08 Westbrook - T/DAW Nominee Trust r'i ,.,.,j TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 ',' ) APPLICATION Fee: $300.00 File No. O~ ~ ~oJ Owner's name(s): DAW Nominee Trust, Daryl Westbrook, Trustee Mailing address: 16 Baxter Road, Siasconset Phone Number: E- Mail: Applicant's name(s): William F. Hunter, Esq. for Overlock etal Mailing Address: c/o Vaughan, Dale, Hunter P.O. Box 659, Nantucket, MA Phone Number: 228-4455 E-Mail: billh@vaughandaleandhunter.com Locus Address: 16 Baxter Road Assessor's Map/Parcel: 49.2.3/16 ~~~P1~~~/Plan File No.: 02-51 Deed Reference/~KdU~~}(~~ 792/180 Zoning District SR-2 Uses on Lot- Commercial: None~ Yes (describe) Residential: Number of dwellings 1 Duplex Apartments Date of Structure(s): all pre-date 7/72 X or Building Permit Numbers: Previous Zoning Board Application Numbers: 083-84, 004-85, 098-07 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile :') 1 ) 'j 'j ~ State below or attach a separate addendum of specific special permits or variance relief applying for: Applicant is appealing the Zoning Enforcement Officer's refusal to revoke the Zoning Certification on a Building Permit application wherein a Building Permit was approved by the Building Commissioner in contravention of the Decision of the Zoning Board of Appeals in its File No. 098-07 and further wherein said Building Permit was approved in violation of Sec. 139-33A(9) of the Nantucket Code (Zoning). I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Owner* SIGNATURE: ~~/Attorney/~ *If an Attorney or othe proof of agency. r the Applicant, please provide a signed OFFICE USE ONLY Application received on:_1 _I _ By:_ Complete:_ Need Copies:_ Filed with Town Clerk:_1 _I _ Planning Board:j _I_Building Dept.:_1 j _ By:_ Fee deposited with Town Treasurer:_1 _I _ By:_ Waiver requested:_ Granted:~ _I _ Hearing notice posted with Town Clerk:_1 _I _ Mailed:_1 _I _ I&M~ _I _ &_1 _I _ Hearing(s) held on:_1 ~ _ Opened on :~ _I _ Continued to:_I_I_ Withdrawn:~ _1_ Decision Due By:_I_I_ Made:_1 _I_Filed w ITown Clerk:_1 _I _ Mailed:_I_1 _ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile # ~ BoA Form ~ ~/cfJ NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 2-89 RECEIVED BOARD OF ASSESSORS ASSESSOR'S LIST OF PARTIES IN INTEREST JUL 1 7 2008 TOWN OF NANTUCKET, MA PROPERTY OWNER: 00\10 (bm\,<,~> ~ APPLICANT FOR RELIEF (SAME? 'fu ) :~~~ ~ ~~ ~~\'&i ADDRESS OF PROPERTY: \<0 ~x,~(. Q~\)L ~~<N\~ * ASSESSOR'S MAP - PARCEL: ~.2.$ - --.!ll) * 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, sll and Zoning Code Chapter 139, s139-29D(2)]. ~. . ~ ~ ~ If bl.otJ r '/UC.GN , D . ......~ As~essor' s 9ffice . Town of Nantucket *NOTE: Applicant (Petitioner) should include with the lot for which zoning relief is sought, any commonly-owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. Submitted by Vaughan and Dale, P. C. Date: Client: rl OJ 01 (lj 0. 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E-t :>:: ~ <Jl H <Jl E-t >< ~:>:::>:: > ~ ~ ~ ~ ~ E-t ~ ~ 0<11 LO ~ ~ ~ ~ a ~ ~ ~ :g 8 ~ 'j ~ a Po M N tJ '" *' Q ~ r>:l E-t <Jl ~ o ~ ~ ~ ~ 0"1 E-t r-- H ~ <Jl LO ~ ~ Po 0 Po ~ H l:Q tt: *' E-t <Jl E-t iii iii ~ ~ ~ o ~ Z o ~ ~ ~ ..:l P l:Q tJ E-t <Jl Q ~ r>:l U Q E-t H <Jl ~ ~ ~ 8 l:Q ~ Q E-t ~ <Jl iii ~ ~ ~ ~ III <Jl E-t <Jl '" '" :>:: '" E-t N ~ ~ ~ l:Q '" \0 C1\ 0\ E-t '" LO M M <Jl \0 r-I r-- t"'- N Ln ~ ~ ~ >< >< 000 o 0 l:Q l:Q ~ l:Q l:Q l:Q '" '" '" '" LO LO Z E-t H <Jl ~ ~ >< >< E-t o 0 <Jl >< l:Q l:Q ~ g tIl tIl Ql H VAUGHAN, DALE, HUNTER, STETINA AND BEAUDETTE PROFESSIONAL CORPORATION EDWARD FOLEY VAUGHAN KEVIN F. DALE WILLIAM F. HUNTER MARTIN JEFFREY STETINA RICHARD P. BEAUDETTE ATTORNEYS AT LAW WHALER'S LANE P.O. Box 659 NANTUCKET, MAsSACHUSETTS 02554 July 25, 2008 d c--' ,) ) '~l J j J 'J ) TEL: (508) 228.4455 FAX: (5081228,3070 Catherine Flanagan Stover Nantucket Town Clerk 16 Broad Street, 1 st Floor Nantucket, Massachusetts 02554 Re: Notice of Appeal/Decision of the Zoning Enforcement Officer Dear Catherine: Pursuant to Nantucket Code sec. 139-29, et sec, Zoning Board of Appeals, this letter shall constitute a Notice of Appeal of the decision of the Zoning Enforcement Officer not to enforce the Nantucket Zoning Code, to wit, refusing revoke a building permit application Zoning Certification, said Certification mistakenly given and in spite of the weight of the evidence to the contrary. (Please see the enclosed letter to Marcus Silverstein from me dated July 25, 2008.) I have discussed this matter with Marcus and given him my grounds for requesting the action described above as contained in the enclosed letter to him and he has failed, refused and denied to provide me the relief sought therein. The appeal is taken pursuant to M.G.L. c.40A, ~7, Enforcement and Penalties; Superior Court Jurisdiction and Nantucket Code sec B (1) and (2). WFHI Enclosure EDWAlID FoLEY VAUGHAN KEvIN F. DALE WILLIA.M: F.HUNTER M.A.Rmi JEPFHEY STE'l'INA RICIWID P. BEAUDBTTB VAUGHAN, DALE, HUNTER, STETINA AND BEAUDETTE PROFESSIONAL CORPORATION .A7To:aNEYS AT LAw WHALER'S l.ANE P.O. Box 659 NANTUCKET, MAssAcHUSE'M'S 02554 TEL: 1l508I228.4455 pA.X:1l508I228-3070 July 25, 2008 BY HAND DELIVERY Marcus Silverstein, Nantucket Zoning Enforcement Officer Nantucket Building Department Town Building Annex 3 7 Washington Street Nantucket, Massachusetts 02554 Re: Request to revoke Zoning Certification and Revoke Building Permit; DA W Nominee Trust, Daryl Westbrook, Trustee; 16 Baxter Road, Assessor's Map 49.2.3, Parcel 16; Siasconset, Nantucket, Massachusetts 02554 Dear Marcus: Enclosed herewith please fmd a copy of the Building Permit application in the referenced matter, a copy ofBemard A. Bartlett's letter notifYing DA W Nominee Trust that said application was conditionally approved and copies of three Nantucket Zoning Board of Appeals decisions related to this pre-existing, non-confonning property. With reference to the zoning decisions, the Decision in ZBA File #083-84, allowed the Applicant to expand a pre-existing non-conforming use (a single family residence with ground cover greater than otherwise allowed in the Residential-2 Zoning District) by 154 square feet. The Decision references the boards' review of, "....(t)he application, accompanying map, plans approved by the Historic District Commission....", and other representations. The map and plans referenced in the Decision constitute Exhibit "A" of the application and describe the dwelling in its current location. The Decision in ZBA File #004-85 is essentially a companion application to #083-84 as it clarified an omission in #083-84 wherein the applicant on its plans had showed the garage existing on the property, and still existing thereon; in a new location but had not requested relief Page 2 July 25, 2008 Marcus Silverstein, Nantucket Zoning Enforcement Officer re: Request to revoke Zoning Certification and Revoke Building Permit,' DAW Nominee Trust, Daryl Westbrook, Trustee; 16 Baxter Road, Assessor's Map 49.2.3, Parcel 16,' Siasconset, Nantucket, Massachusetts 02554 for the change of location. The Applicant filed #004-85 to have the board approve the location of the garage within the rear setback. Applicant had requested that the garage be sited at five feet off the rear property line however the Zoning Board approved a location for the garage with a seven.foot set back. In its decision the Zoning Board reasoned that the garage at seven feet from the closest abutter's building, a shed addition, would not have, "... .any detrimental affect on the neighborhood and all the neighbors whose property it will affect have voiced the approval of the request." Accordingly, the Zoning Board allowed the applicant to move the existing .garage to the new location. The map and plans referenced in the Decision constitute Exhibit "A" of the application and describe the dwelling and the garage in their current location. In the Decision in ZBA File #098-07, the Applicant proposed to relocate the pre-existing, non-conforming dwelling to a different location on the undersized lot and conforming with all setback requirements; most importantly that different location being the proposed location described in the building pennit application and conditional building pennit that is the subject of this letter. At the public hearing in ZBA File #098-07 the neighbors objected to the proposed relocation of the dwelling as the "oversized house" would have a detrimental effect on abutting properties. Subsequently, a Motion to Approve the Applicant's request to relocate the dwelling was defeated by a vote of the Zoning board, two votes in favor and three votes in opposition. As the Decisions in 1984 and 1985 allowing the expansion of a preexisting nonconforming dwelling on a preexisting nonconforming lot and relocation of the garage ancillary thereto were based on plans and exhibits showing the dwelling and garage in specific locations relative to the abutting properties, the Applicant was correct in going to the Board of Appeals in the matter of #098-07 to ask for permission to further change the location of the oversized dwelling within the yard of the property. The Board of Appeals considered the request and denied the Applicant the ability to change the location of the dwelling. Further, inasmuch as DA W Nominee Trust is proposing to extend and alter the preexisting, nonconfonning strocture by adding a partial full basement and foundation, Nantucket Zoning By-law section l39-33A (4) requires a finding by the pennit granting authority that such change, extension or alteration shall not be substantially more detrimental than the existing nonconfonning use to the neighborhood and the subsequent issuance of a special pennit. Page 3 July 25, 2008 Marcus Silverstein, Nantucket Zoning Enforcement Officer re: Request to revoke Zoning Certification and Revoke Building Permit,' DAW Nominee Trust, Daryl Westbrook, Trustee,' 16 Baxter Road, Assessor's Map 49.2.3, Parcel 16,' Siasconset, Nantucket, Massachusens 02554 Additionally, the Zoning By-law in section 139-33A (9Xa) states that the removal and reconstruction of a preexisting nonconforming structure that exceeds the ground cover ratio requires a special permit from the permit granting authority in advance of such removal as well as the fmding stated hereinabove. Inasmuch as the Building Permit first referred to hereinabove has been conditionally issued in direct contravention of the Decision in ZBA File #098-07 and without the special permits required by the Nantucket Zoning By-law, please withdraw your Zoning Certification of the Permit and ask the Building Commissioner to revoke the Building Permit approval. Please free to call me should you have questions or comments for me in this matter. WFHI Enclosures if"Z-"\l. E (" ...- !. 'V.. F E ~C-.. k' t"'1t'.\~ -- J ~ 9.. _. \.../ .... ~ ';/ ...-. / nf~C ...~ . , &-." ,.....- ., '''-.1 \"r.:D ~ MA~' (; 9 "I'''' '. "".11'U" t.'..iU(' NAN ruc KE'f i'U1" C/(ET BUlLbINc{~tS~, , 7JNG DC:PT / '.< i~iRtA'filf,; APP.i<*nlto c~~p..ote allltein~ln,$ectlons: 1, 2, 3, 4,and 5 ~1,~,,;.,....'''''/';"- ,,'..', rOYlNERSNAME{Print)::~'N&M. /kusr; ML ~~~1k I ,L~G'A;TION' . . ., 'l8stFl,~t Mlddl<t' 'In1tl~lI :QF . " " " '.., ../~ ..~~:~_12:r:> . ' ,jQ.lli~jNG '. : ,N(). Street' '.C ," , .' .~(SMapNO.~~.. 2.. '? . , '. . ,~ ,.- ';' JUL 0 32008 BUILDING PERMIT NUMBER APPU9AnO,N F._ BUIUJlNG PERMJT' / AsS$ssor's Parcel No, ~ L, , , , . ..,'~~.~FtPE~.jtr':..~,.jL~t~$-:::'l~~j~pn~/~Q'mp~te.pait$A~E A. TYf!Edf":i~~~ENf " " .'~(~~~~HIP , O;Ni;;,W:ePlla,r;i:~Ji ' . '~~4~} o A4(fi~ : 0 pUbt{c 'l4l~!~~Illt!im. ,'... , ....G3;.R~p(ff,.~~t!t.. . .(JOelJlOli.lioil . ~"";'dvh '..'..; ..,'..mg. ~. . '. .' . : , . . r. .' . , C. CQST TOTA..j~y-Q.O'.~TOFIMP80VEMEN" ,~~ . O.DIMEN.SIONS Notfi'1 OlmensionsofSWcture" '., .' FirstA~rA~ea:. . j{~~~~;{#iiJ.'r2;l: . SecondFloorAr.e:a: Third AoorArea: Total Floor Area: FtillCellar Area:' J~1f1:;~. ' '1:. .P:~~~fS~t1S.E . o".":I"~"1i I ' ,o~~na, Oetall'~'Qh""OOcby.lli::>m' & provide the square f~ge. , ' . ,'~=~~~~i~ , , "'!I":"~ /?((il!-:A.b,IItlJ. .;S/1t:()i" Jrt, J_L' Nf'1!JI:1:1 ... we.7T'"/ ~ r'/~,..,,'~~'~' ,'.1.. ,_.v~, ,...' ,'" ,(&1<., ".., .~~ti!iJ.'~<<:4;f/#tJ/!A~A/.&. ..~~,'~. . '., . .".. . ~"'.:f?~,;~"~.~eM~'r-r8...'(Jf)jl!p~,F#riA:f .' " ~:"':':"""'V~;,~;~;~~'~ ,,~ :lI?kitNl4. ' " .. . _ . ~.,.,.u.r~'. . __. ...LWf".:~~ ~:i ,. _. .....~.._.1".. .~\.i" 4 ~"'Jb:'(1~~~-;>/~~~ iPt:i!r'-/~~tt~~ ~~~;II A~ I~' .:. ~c:;: ~ ".' .~, .' ._~; ":;"" j . "11_,. ," .~ ,.,.: - I.~Z'JItI. ." "- - ,- .. 1\;{$,~F~~._.~~';oF~-S"IL.~]ti$ " ' ,~c~~iJi.tv~~2~;',~.':" ltTYPE 0F$e\1~G.~.~I~:(j$Ai. .:~dJr:amtt .~cP.iJblic .. ~ ::, :::~r~~r. .~~" ' ."Q Private (septic lanl<.,;ete.) .. liI.'~ ' ';'.., .: ;":':'.~'5,,'. ..... '., . .' . .' .' .. ,:;: ;~, BR.~~G~P.~UPE{)rH,gATING :d;~::l;~ .~ ,:~~C Q Qther.S~ify., I. TYPE OF WATER SUPPLY '.~UbliC . ,.' , ; :~;eriY.ate..(weIQ. ." , KA<;;QESSOl'tYHEAT .$GitJReE No,,()Hir.epla~ No. of WQod stoves OthQr-; N9. of Detectors S$ePlan for L~i~A L.fi{eSfl1ENrl~L BUILDI).,lGS N~lllber olSe.d~. "';~~~r:r~ . NUmberQ,f~!lthrO()01S:'~~~ f'UIl '~l'arti~1 J. ... " ': J. SMOKE O~CTcil\ts.: . ,i.\,~.':~~'..: ":.<~.,:..".:~" '.< ". ..,~,. ,,:e.:_.:..:: "0::.': -~~'-;-""':""_';;""~' ." .:,;.;.".......!.::;o ....,.,.""" ..- ~_.--..- "'. . / R Value 3. Continued M. ENERGY CONSERVATION Foundation or F1Qotirlsulatjon W~llnsuIation , ~JIin9ot R~ ;1t}$uij,ttfQn ','Wm4~,.GI~9r"'fn$!il~t~"Glass , O()Q($: In.S,u1~te?':'y.es ..',. No ,.J~etf,~mageo.f;'WlI;\90":~r.$a'J(). WaJI,Area: Type Storm No " / ;;~,~'$TRUC~~b~~~ti.:t~I$T1CSOF BUILDING , ,. ,,~l~1;\!~f$.,:~u{~~t.a.~JJ.nji:tcqmp.l~te sti'UcturaUramii;l,g:PIaO$;\Yithappl~tion due to the complexity of~' $tnJcture, iftM , ,,~~~~p1m~~lr{$.:~~~HOrpf9pe~,~I:.,A.r~A~ew. , ,("!2. \ 1fo'., ,.. 4.-o.,~....A,""'.,','.' ,:;!i't:"',.'.'. ::.,' , " ' FQOtin~J.siz.~ 'Lit!. e-:~ Footiog:reiilfore1ng: . -~J 'U7 ~F WAltrrnlt~lW; ~~. WaJlitdokness' ~..,. .f>':;:~ ~.-~~.~~;:~:~~' ~ING'M"ACfl';'" '''mbers S' ' "~"\>, 11.( ~~ '<'1..0 's' rtSP~:~ :':FJ,~;~t:~;~;~'~G~s=~~~'~,~~~~',~~;>" .'... c-M~irnu;:~~~~~+?'.':.~~, -. ~~~ ,!(ljO\.~.....1r ~_. . M.;.i.....~ . . '~ilIIl9J;rcUuing,: ..,' . Jot$t $i~e; '..': . ..M~Urn;iSpa.rl: M~mu.m'Spaclng: . i.RQOf:Franlil19 Joi.sl'Sii~:' ".,' M$iX~um':Sp.an: 'McOOtnum'Sp'~oihS.= .R~.TlUs& ~!~:~'s.ub~lt~~~~~~Qt.~~~~~~@:$t~,~~:a.;R~erE)~'PrOf~:~neer. "..,,', , ,,,S~if::.F:iPr.~PQ'$eQf,WiJBa~t""h';r'ptojec~j# ! .. .' . 'ffefi_~.~Qlj. J'~~~ ~ ".'- - ..... .. "," - >,.,::~i:~: : .....~..:.;:;. ::::,:,:~~:~';-i;.,'';~;;.i;':::~~,~-~~.;;:.~~-,~,.,.;.:. ..". . '",,'~ '''~'.;'.~ -'- ,; ,.' ---~..:....:::......:". .,;;,.- .. 5. IDENTIFICA'''tlON - To be completed by all applicants Name Mailing address - Number, street, city and state Zip Code Telephone No. 1. Own~r or , :,lessee j;)4uJ #()M~ p.O. &rK 2~t... t)Nefli..~~~ 3tA~E-T "'1'+ .,qtt>.'...J fh ': .'tJJl~ 02.564 ,z,>> - ft,2L>b Builder's ~Cs.G!1il~ Date , " ~~"m~:p~~~ ;",/I;;'~~~-46N' f<'~I~l%:':lDate 3'~II' of; tfJ. i~$$ , ":':'~"')W~:~trlp~nsatiOl'l'I"sur:ar.tce certlflaa~~:~rAffKtavii must ~ submitted With thiS application. . '. '::"itterel'Y,,~~Ycl~~l' . '.o.s:edWOtkJsautllQ~z:ecj,by.thEl6,~;'Ofre.cordandthatJ f;\avebf\en autf'!orlz.~'by ~he. o~to, make :~, . "~~~~fiiI .,ijJs.h!$~lJthoriZed 'll.{fQr1t 8ndwe agre,Moconfonn to all~ppr~b~laws oftH.isjun'sdiotiOn. ...t:~:r~, ,=~ ~=M4~t;l~H"~" t ;.:' \ .\D. ~~~r:'6'v:L .~ s ~\-ui ,t.At\o o. z..:;c: '1 c....: " .;: ,., Prilltname'~A-~J_ A.. W;6"~T'~ ~k ,\ .p~i1ii:f - . , .....~~/ ~. ~. -'.,~ '.) '.~. : ~~_~I:~:;~~:~;;t.:. "':''''~':, .::"'i..:.;..:.... ~:. '--..::.--- ; ;~'t~.,.l!~e,.' , - FOR OEPARtMENT USE o.N,l:Y ':;~P.i.Idi~' , .r~l'q1jr:\$~~ , U~ Group .. .' ., . . . ~ )-, -..... . '. ;,..~;.1tl:fj~,' ." , "('4i1~'~;' '~'~:, . .:.........-:... :" . :.... '. ". .'. - ,,- . ...... ' ~ '~~ '" _....,....., . ,";,' " .(,~> ....~, ..., _.. ~"' . \:,,0 . . '..' ~ . Qooup8neylpad , . ,~. ~rt$U$::~.o~., .Jir;~/ . ~ : '_\., Appro'l<<l by: ;O,~~,Qf;,~::": ,:jae~ef.'" , ~. ' .., ,. - .... .'-.. .;.... . - ,,' . . . . ~4!~"-'... .~. pi . .' :e~ridm~'-c~ ',..,~';~;' C :.~;;;.:~....;..-;:;~:.>..:;_..!.....,.j:. ~,:.:::.. :-,;......;.,. ...;.: .:..... 1_... .,~'... :_:._"- . . 4.. ZONING COMPLIANCE To b:~ completed by all applicants Applicant is required to s1;.l~rnit a reg., '. istered plot plan with application. showing location of all structur~s. J. . Zoning District: .~f4.- '2- Total Land Area: ~}4- 7- ~ . Frontage on StreetH~,;.'$,?' Lot No.: f { &. I L PI~. Book No. and. ....go, ~'it " n.z... Lond~ Plan No.' ilIA- // ~teLot Purcl.ta~d~, '. . / Certjf~ No.: -- Name of Previous OWner: saaOIVIS10NINFORMA,WlPN Name ,oJ OWner:';'?lR!~, " tiat~ (>f'iPIaOA))P;~." 't~Of AJ>prb~~I. ' _.. .. A!a.t:l.nlng;Bo.ar;d\~ , -"~~~s~e'S~I'-" ($,a.BeJ~",(EJ.ij.,; " ,:,HQ'~r~lilthb~n :tV' , :llYe$;,p.Ian:e'~;:,~ ::COV$~t: YES NO "i ~St!Yof,D,eeds? YES , Date NO liME 'SHARING INFORMATION :I.li ,tMre a d~laration of , " ". and Resb1QtiGnS .of' < ..:.: ~'$~hip ',note'd,on, .,.'.or'O~? AR NO ~....;~'. 0,' " . .. ., .;-. ~'. -'.; ..... . . . -, . ~~ ~\,,;j~1~Tft~~ No ~ \...,i.:...t".;.:::...'..:.. Of~~NSIONS ..;:::::i:=:n:i.. , ::;;':i~~;(>.r$t. "" Number'or6ff~~;. .' ..... :',:~..::,'~.;.;:'.:;,~:*,.'.:",~(l,-:".'.,'..:..'~'-' . .,J;; I'" . . '.OIlT$2.'-c" ~ a'~O " LEfT -1~~:"z. ""'HTI!'..o"~ ~ijCon.l)','Dwetling: '14,'(;,+, (12ft.niiriirnum) ,., ' ' (f~f<~ : '~:'iN ./tiJOAii, ~",:,.o. .... ". S , ,::';.,~;'!i'::':.p : Enclc>sed On~ltt; .2- · . ,;;~;~'!:;, .... ,.. ;' , GROUND.Oo\lER, ,',' ,:p ' . . '. . . '.'...' . _ -"~1lWaIilOD: . ~. eKl~mJ~.NO CI4><{;/6E- ~~) S!,=",.:O,.;>:f",,,,';D,w.$IIir;r,;; . '~ , . ~,.'-'1 ... ,- ..,~. , 2/J.d:lJl 6 ' , ..~~:::,,~~e~~'5~ ._ _ .__7:::;r~';' , ,0lTley::~~.:fiIPjf~~&'. do (!..AlAiAI~ (PI.A!,{#t!J,tJSE.) 1t5~(!)tP , , , " , ' .tft~"':~.1 i~ __ I th_ Gli...rlilelJWih 1h N uckeoriS.. "lIt<ves NO v' :.",:, f.,".'t"',,' ;,!,:..:,Qrmn~,~p.,f:." "1.:'o.',e::. e.. on:'..,:,..:,I, ;:.' , ,'e~nt e~', ,SP..{!:;ltjon,QOmrn ,.ee ." : , ~,.' '............ .,' '. '.ff;~~~:~l\~.!;:~~.~f~~~f~~iti~ns. ~R~~~tt.on. . ,.WIUit~~~~~.~r,:qJ~.!:1dl~ons" .with ~pp1,~~n. ." What.!dal::~$<l~.;ot~eo.nd'~n$..,',flt~ Wlttl:th~:a~!jr$tlV:of'Ueeds? V',' i f 1$:tbe.~PEJtty'I~Mithl0:a ~'H~zcndQiStriCt? YES NO :Was a v~~,w$.~a1:permit~~e.d ,by the Board of Appeals? yeS NO '.,. ffansWe~~$, what dal~was4he:declsionfiled witMhe Town Clerk? ~l.Ii:!P:Q.oy,et ;R~~O: .' ,~{a.~d~~r~etb#. " ' , ,~n.<J,a~J;)w~lih~lttp~ro~al i' ' .'B.o:arrlo.f~als "tJ.. '~'Lot:.R,~lease ,:' ' Date: ~~\1 A~P.ROVEDBY: . Zbn~n!fOffId$r BUILDING AND CODE ENFORCEMENT DEPT. TOWN BUILDING ANNEX 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Telephone 508-228-7225 Fax 508-228-7249 July 16, 2008 DAW Trus"t Daryl ,Westbr()ok T1;ust~e 16 Baxter Read Siasc.6nset, Ma~sacbuse.tts 02SQ4 Re:Map 49.2.3, Parcel 16 1'6 B'axter Road Dear Sirs: Ple,ase, be advised, that your application for a building permit'filed Qn July 3, 2008, for moving and alteration of a awelling on the a'bovepremises, was APPROVED on 'July 11, 2008. Upon payment of the permit fee of $20,0.00, and filing with this offi:Ce of proof that all utilities have been disconnected 'and$.eoored in a s.a;femanner, as provided in the Massachusetts ~uildip,g Code" 780~R 511.2.1., the building permi-t- w~ll ,be issued., ,~ndly contaotthis offi-ee if there is any question. Sincerely, ~#~c?~-- Bernard A. Bartlett Building Commissioner TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 December 3, 1984 Re: DARYL WESTBROOK (083-84) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has tnis day been filed with the Town Clerk. Any appeal from this actio~ shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be':filed within twenty (20) days after this date. t~#~ BOARD OF, APPEALS Eileen I. Cahoon, Chairman TOWN.OF NANTUtKET BOARD OF APPEALS Nantucket, Massachusetts 02554 DECISION: The BOARD OF APPEALS, at a. Pubti:e Hearing held on FRIDAY, NOVEMBER 16, 1984 at 1:30 p.m. in the Town and County Building, Nantucket, made the following decision in the Application of DARYL WESTBROOK (083-84), address 61 Altwood Street, Darien, CT 06820:. 1. This i!J an Application for a SPECIAL PERMIT under Zoning By-Law SECTION 11 (expaqsion of a pre-existing non-conforming use). The tranting of relief would enable the Applicant t~ iner~ase the ground cover of their single-family residence occasioned by the ex- pansion ~f the kitchen area and other renovations. 2. From a review of the Application, accompanying map, plans approted by. the Historic Di8trict Colll11lission, together with represen6~ ations, testimon~ and letters offered at the Hearing, The Board finds that the subject property (Lot 16, Sheet 49.2.3 and ~, Sheet' 73.1.4) on BAXTER ROAD, SIASCONSET, is zoned as lESlDENTI:AL-2.. Ground cover is limit~d to 12.5%. Prior to an amendment of the By,-Law effecUve in April, 1984, the property as zoned was limited to 30l ground cover. With tne Applic4nt'S 10t'beiRg about 13,566 square feet area, the max- imum ground cover was then reduced from about 4069 s~uare feet (301) \ to 1975 square feet (12.5%). Exist~ng cover 1s reck~ned at 2079.5 square feet, hence non-conforming. Area to be adde~ .is 154 square feet. 3. Included in existing ground cover i8 a ga~age. Applicant's proposed changes with respect to it are not dealt with' in this Appli- cation. 4. Indicative of neighbors favoring the p~oposed increase are two letters, one. signed by eight people. The Planning Board'S recom- mendation'was favorable. There are none opposed. . '. . .." . . ~:;~~t.:'~~~;f: . <;:;.;". '. .: (083-84) -:2- 5. The ~oard finds that the proposed 154 square foot increase of Applicant's residence, slightly more than 1% of the total lo~ area, is not substantially more ~etrimental than the existing non-conforming use to the neighborhood. The non~conformity" an excess of ground cover ratio over that prescribed in Section 5.1 arose only recently and then by reason of a zoning change not specifically intended .to affect such a ..ino11 expansion,. The proposed increase is thus in ha1!lllony wi th the general purposes and intent of the By.-Law. 6. Accordingly, the Board, by'a UNANIMOUS vote, GRANTS to Appli- cant a SfECIAL PERMIT qnder SECTION 71 affording the requested relief from the SBetION 5.1, limitation on ground cover ratiO, allowing Appli- cant to add the 154 square feet of proposed increase to his residence. Dated. Pecember 3, 1984 Nantucket, MA 02554 i;bv.l~~ Eileen I. Cahoon /~.:~- WllMaDl R. Sherman ~ IJ;ratrAZ0 Linda F. Williams " .' , ....!.. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, ,MASSACHUSBTIS 02554 February 15, .1985 Re: DARYL'WESTBROQK:(004~8S) Enclosed, please find notice of a 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 after this date. Chairman TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS ,02554 DECISION: . The BeARD OF APPEALS, at a Public Hearing held on Friday, FEBRUARY 1, 1985 at 1.:,30 p.m. in the -TOWn and Counlly Building in Nan~ucket, made the following decision in the Appiicat~on of DARYL WESTBROOK (004-85) address .61 Allwood Street, Darien, CT 06820: 1. This is an Application for a SPECIAL PERMIT un~er SECTION 5 SUBPARAGRAPH 3 of the Nantucket' Zoning By,-Law.. The granting of the requested relief would. enable the Applicant to re-locate an existing garage on their property at BAXTER ROAD, SIASCONSET, Lot 16 on Sheet 49.2.3 and 4 on 73.1.4, zQned RESIDENTIAL-2, to an area within within 5 (five) feet of their side lot line. 2. From a review of the App1icati&n, accompanying plans, ~ together with testimony and letters offered at the Hearing, the Board finds that the subject property was the subject of an Applica- tion to the Board in November of 1984 (083-84) wherein the Board gave the Applicant a Special Permit to.e~ceed ~heir .allowable ground cover in the construction .of a new'kitchen and renovation of their existing home. Plans presented to the .Boar.d in the o~iginal Applica- tion showed.the gara~e in its new l~cation'btit inasmuch 'as the' , A~plicaut inadvertently forgot to request that relief in her Applica- tion, the Board was powerle~s, at that time, :to grant relief from the side-line set-back. 3. The proposed new location,.opposite an abutt~'s shed addition, iis~aesbhetically:in~keeping with ~he previously approved addi~ion, it will not have any detrimental 'affect on the residen~ial character Gf the neighborhood and all the neighbors whose property it will affect have voiced.their approval Of the request. The Board does find that a 1. -(seven) foot set~back as, ~pposed to the requested five, would provide adequate' space between this building and the closest building Qn the adjacent lo.t" and g-iven' this 'minor alteration, . . ..2- (004-85) which the Applicant agre~s with, the Board finds the requested . relief to be' tn.harmony with'the general.purpose and intent of the By-Law. 4. Accordingly, after moti~n made and duly seconded, the Board J ~'llJY", 'UNANiliMOUS vo te, GRANtS;' the Appl icant a S,PECIAL PERMIT under SECTLON 7i: fot' relief f.rom SECTION 5;3 of, the Zoning By-Law, 'allowin& the Appticant to move the existing garage to said proposed new location, 7 (seven), feet from her side lot line. a~)~~f.Jf4 ,/ ~eTl".I~ . Cahoon - ~'./~ William R. Sherman ~~\jJJtv Li aa F. Williams . February 1,5, .1985 Nantucket, MA. 02554 \ , . . f TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ~~.II ,2008 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following:@ --I. '*~ ~~: '"'"1 z-:.' G3 098-07 ;v Tn Application No.: ..... '. .'! owner/Applicant: Daryl Acheson Westbrook, ("') '::- c- ' rq~ : A' . - - "n .". ........ Trustee of DAW Nominee Trust -0 N o . \0 ~'.~ , . , . , .1 Enclosed is the Decision of the BOARD ,OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing a complaint in Land Court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. Chairman ~~ CO cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASB NOTE: MOST SPECIAL PERMITS AND VAAIANCES HAVE A T:tME LIMIT AND WILL EXPIRE Ili' NOT AC'I'ED UPON ACCORDING TO N.AN'1't1CKET ZOm:NG BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASB CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICB AT 508-228-7215. ., ., . NANTUCKET ZONING BOARD OF APPEALS TWO FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 Assessors Map 49.2.3 Parcel 16 SR.2 16 Baxter Road, SiascoDset Book 792, Page 180 Plan No. 02-51 1. At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 p.m., Friday, November 16,2007 and 1:00 p.m., Friday, January 11, 2008, at 2 Fairgrounds Road. Nantucket, Massachusetts. on the Application of DARYL ACHESON WESTBROOK, AS TRUSTEE OF DA W NOMINEE TRUST of 16 Baxter Road, Siasconset. Nantucket, Massachusetts 02554, Board of Appeals File No. 098.07, the Board made the following Decision: 2. The Applicant is proposing to modify previously issued Special Pennits by altering and extending an existing nonconforming dwelling and detached garage. The Applicant is seeking additional Special Pemrlt relief pursuant to Zoning Bylaw section 139.33 for pre- existing, nonconforming uses, structures, and lots and section 139.16(C)(I) to reduce the required ten (10) foot rear yard setback to five (5) feet. 3. Therefore, the Applicant is seeking to relocate the existing single-family dwelling and detached garage now existing on the premises. The pre.existing, nonconfonning dwelling is now sited about nine (9) feet from the front lot line; minimum front yard setback in this district is thirty (30) feet The Applicant, in its application presented at the first public hearing, proposed to move this dweIJing so that it would conform to front yard setback, being sited about 30.1 feet from the front lot line; as a result, it would be sited with overhangs being as close as about 9.2 feet from the rear lot line, the foundation being about ten (10) feet from the rear lot line. Minimum side and rear yard setbacks in this district are ten feet. The Applicant also proposed to move the existing garage, sited about seven (7) feet from the rear lot line pursuant to relief , granted by the Board of Appeals in File No. 083.84, to a different location upon the locus, in order to allow for the relocation of the dwelling; the relocated garage will be sited about eight (8) feet from the rear lot line. The locus also contains a pre-existing, nonconfonning playhouse structure, sited about four (4) feet from the southerly side lot line. No change to this structure is proposed. Total ground cover upon the locus is about 2,269 square feet, with lot area being about 13,814 square feet, for a ground cover ratio of about 16.4%; maximum ground cover ration in this district is 12.5%. The present size of the dwelling was established by Special Permit relief granted in Board of Appeals File No. 083-84. ' 4. At the November 16, 2007 meeting, Applicant, through counsel, brought the application in front of the Board of Appeals. The Board suggested that the existing structures could be relocated in a more conforming location. Attorney William Hunter spoke on behalf of the abutters in opposition to the resiting and insisted that the relocation of the garage and dwelling would be more detrimental to the neighborhood and should therefore be denied Speci~l Permit relief. The Board suggested that the Applicant and the abutters convene to discuss an amicable solution. R cl' . . .. 5. At the January 11, 2008 meeting, Applicant, through counsel, again brought the application in front of the Board of Appeals. At this time, the Applioant proposed to relocate the dwelling to conform to all setback requirements. The garage has previous Special Permit relief to be sited within the setback; nevertheless, the Applicant proposed to relocate the garage to conform to all setbaok requirements. The pre-existing playhouse would not be moved or altered. As presented by the Applioant, the ground oover of all struotures upon the locus would not exceed the present ground cover of2,269 square feet, as none of these stnlctures would be altered in any way whioh would inorease ground cover. 6. Hunter reiterated his objections made on behalf of the abutters at the November 16, 2007 hearing. Hunter also presented the board with one page memo outlining the rulings in 'Britton v. Zoning Board of Appeals of Gloucester. No. 01-P-114S. Appeals Court of Massachusetts. Essex which speaks of the aesthetics of a house location [a new second story blocking views of a house behind] as being a legitimate element for a Zoning Board to consider in looking at the issue of detriment to the neighborhood. Hunter also gave the board a copy of the photograph taken from the second story of the Pappendick house (immediate abutter to the west) pwporting to show the visual impact visual the moving of the Applioant's house would have on the abutter directly to the west of the premises. Attorney Hunter argued that by moving the dwelling to the northwest comer of the lot - whioh would meet all setback requirements - his clients would be negatively impacted because the oversized house would block their views. 7. Our Decision is based upon the Application and accompanying materials, representations and testimony received at our public hearing. The Planning Board made no recommendation as the matter did not present any issues of planning concern. There were neighbors represented by counsel at the hearing and there were several letters in suppOrt and in opposition of the application on file. Accordingly, at the hearing on January 11, 2008, a motion to approve the requested relief and move the garage and playhouse so all struotures would be conforming was made based on the finding that the ohange would not be substantially more detrimental than the existing nonconfonning use to the neighborhood. Upon a motion duly made and seconded to grant the requested relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 1'39-33 and 139-16(C)(1), there were two votes in favor (Sevrens and Waine) and three votes in opposition (Wiley, Koseatao, Tupper). Therefore, reliefis hereby DENIED. SIGNATURE PAGE TO FOLLOW (/-t 0, 1'~ " r ~J .:< ....;;.-.(.9 . . .. // . 2008 DATED: qb. I~ COMMONWEALTH OF MASSACHUSETIS Nantucket, ss. February; II . 2008 On Ibis II ~fJfaJiOO8, befure me, the undersigned ~otaryjpublic. personaJIyappeared , ~,.. . who IS PersPna11y known to me, and who is the person whose name is signed on the preceding or attached doPument, and who acknowledged to me that helshe signed it voluntarily for its stated purpose. .~. 0(1 0' VAUGHAN, DALE, HUNTER, STETINA AND BEAUDETTE PROFESSIONAL CORPORATION EDWARD FOLEY VAUGHAN KEVIN F. DALE WILLIAM F. HUNTER MARTIN JEFFREY STETINA RICHARD p, BEAUDETTE ATTORNEYS AT LAW WHALER'S LANE P,O, Box 659 NANTUCKET, MASSACHUSETTS 02554 d 0::> TEL: 15081 228'4455 FAX: 1508l228'3070 V? rn -0 ...... September 11, 2008 -._~ ;:.:--... ,:::l o o John Brescher, Nantucket Zoning Board of Appeals Nantucket Zoning Board of Appeals 2 Fairgrounds Road Nantucket, Massachusetts 02554 Re: DAW NOMINEE TRUST, DARYL WESTBROOK, TRUSTEE AS OWNER, OVERLOCK ET AL AS APPELLANT, FILE NO. 053-08 16 Baxter Road, Siasconset, Massachusetts 02564(Locus) Dear John: With respect to the referenced matter, Appellant, the Overlock, Pappendick and Sweet families, immediate abutters to locus, request that this hearing scheduled before the Zoning Board of Appeals at 1 :00 P.M. tomorrow afternoon, September 12, be held over to the October meeting of the Zoning Board of Appeals. Please note that Arthur Reade, attorney for DA W Nominee Trust, consents to this request. Please feel free to call me should you WFH/ cc: Marcus Silverstein, Nantucket Zoning Enforcement Officer d co TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 =s ~~ ..... .::;:,. ":,'3 --=-....... ;''0 Date: November 13 ,2008 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 053-08 Owner/Applicant: William F. Hunter, Esq. for Overlock, et al Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing a complaint in Land Court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) ays. Mic Chairman cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-228-7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 49.2.3, Parcel 16 16 Baxter Road, Siasconset Sconset Residential-2 Plan 02-51 Deed, Book 792, Page 190 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, October 10, 2008, at 12:00 noon, in the former Electric Company building, 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the appeal of WILLIAM F. HUNTER, ESQ., FOR OVERLOCK ETAL, c/o Vaughan, Dale, Hunter, P.O. Box 659, Nantucket, Massachusetts 02554, File No. 053-08: 2. The appellant has appealed from the refusal by the Zoning Enforcement Officer (the "ZEO") to revoke the Zoning Certification on a Building Permit application wherein a Building Permi t was approved by the Building Commissioner, allegedly in contravention of the Decision of the Zoning Board of Appeals in its File No. 098-07, and further alleging that said Building Permit was approved in violation of Nantucket Zoning By-law ~139- 33.A(9). The locus is situated at 16 BAXTER ROAD, SIASCONSET, is shown on Nantucket Tax Assessor's Map 49.2.3 as Parcel 16, is shown on plan recorded with Nantucket Deeds as Plan 02-51, stands in the record ownership of DARYL ACHESON WESTBROOK, Trustee of DAW NOMINEE TRUST, and is situated in the Sconset Residential-2 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 recommendation by 1 the Planning Board, on the basis that no matter of planning concern was presented. The matter was contested at the public hearing, with the appellant presenting materials and argument in opposition to the action of the ZEO in issuing his zoning certification for the issuance of the building permit, and counsel to the property owner and the ZEO presenting support for the ZEO's action. 4. The subj ect property has a long history before the Board of Appeals. Prior to the 1984 Nantucket Annual Town Meeting, it was situated in a Residential-1 ("R-1") zoning district. At that Town Meeting, a zoning map amendment was passed, placing the locus in a Residential-2 ("R-2") district. Subsequently, the locus was rezoned as Sconset Residential-2 ("SR- 2") j without, however, changing any substantive aspect of dimensional zoning requirements from those applicable in the R-2 district. 5. The minimum lot area in the Residential-1 zone at the time of the 1984 Annual Town Meeting was 5,000 square feet j minimum frontage was 50 feetj minimum front yard setback was 10 feetj minimum side and rear yard setback was 5 feetj and maximum ground cover ratio was 30%. 6. The minimum lot area in the Residential-2 zone at the time of the 1984 Annual Town Meeting was 20,000 square feetj minimum frontage was 75 feetj minimum front yard setback was 30 feetj minimum side and rear yard setback was 10 feetj and maximum ground cover ratio was 12.5%. 7. The locus contains about 13,814 square feet in lot area. The structures upon the locus at the time of the 1984 Annual Town Meeting had ground cover of about 2079.5 square feet, for a ground cover ratio of about 15.05%. Accordingly, the locus and the structures thereon became nonconforming with those zoning requirements by virtue of the 1984 zoning change, and the structures acquired the status of pre-existing, nonconforming structures. 8. Subsequent to the 1984 Annual Town Meeting, Mrs. Westbrook applied to the Board of Appeals for relief by Special Permit, for an increase of the already pre-existing ground cover upon the locus by 154 square feet in connection with the expansion of the single-family dwelling thereon. At a public hearing held on November 16, 1984, in File No. 083-84, the Board of Appeals granted the requested Special Permit, finding that the increase would not be substantially more detrimental to the neighborhood than the pre-existing nonconformity. The decision of the Board of Appeals was filed with the Town Clerk on December 3, 1984, no appeal was taken therefrom, and a certified copy of 2 the decision was recorded with Nantucket Deeds ln Book 222, Page 330. 9. The decision of the Board of Appeals in File No. 083-84 does not specify the location of the additional ground cover nor make reference to any plan to which the applicant was required to conform in doing the authorized work, as a condition of the decision or otherwise, and no plan was attached thereto. 10. Thereafter, and in a timely manner, the work authorized by the Special Permit in File No. 083-84 was performed pursuant to a valid building permit, and a Certificate of Occupancy therefor was issued by the Nantucket Building Department. 11. In 2007, the owner of the locus proposed to make certain alterations and expansions to the structures upon the Locus, and filed an application for further relief with the Board of Appeals. This application involved the construction of a secondary dwelling and an increase in ground cover. Objections to this proposal were made by certain neighbors (while other neighbors expressed their support for the application). Before the hearing on this application was decided, she withdrew the application, and the Board of Appeals accepted this withdrawal without prejudice. 12. Thereafter, the owner filed a further application for a Special Permit to alter and relocate the dwelling and garage upon the Locus, without increasing ground cover and reducing, but not eliminating, setback nonconformities affecting the dwelling. As suggested by the Board of Appeals and its staff, the owner revised her plans during the pendency of this application to completely eliminate all dimensional nonconformities of the dwelling and garage; nevertheless, the Board of Appeals, by a vote of two members in favor and three opposed, denied her application. This denial is the subject of pending litigation filed by her in the Land Court to appeal from the decision of the Board of Appeals. 13. Counsel to the owner represented at the public hearing that he advised the owner that no relief from the Board of Appeals would be required if the result would be that the existing nonconformity in ground cover would not be affected, no other nonconformity would be increased or intensified, and no new nonconformities would be created. Thereafter, the owner filed an application for a building permit for the alteration and reconfiguration of the dwelling and garage, eliminating all setback nonconformities of these structures and not increasing ground cover nor creating any new nonconformity. This application was filed with the ZEO on May 9, 2008. The ZEO informed the Board of Appeals, at the public hearing, that he 3 consulted with the office of Town Counsel and on the basis of this consultation he approved the issuance of the permit and forwarded the application to the Building Department on July 3, 2008. On July 11, 2008, the Building Commissioner approved the building permit application. 14. Under Mass. Gen. Laws, c. 40A, ~ 6, ~ 1, a pre- existing, nonconforming single or two-family dwelling may be altered or extended, provided that the change does not increase the nonconforming nature of the structure. Under Nantucket Zoning By-law ~ 139-33 .A(3) (a), pre-existing, nonconforming single and two-family residential structures may be altered or extended if the ZEO (who is given the responsibility for determining zoning compliance in building permit applications) determines that the alteration or extension does not increase the nonconforming nature of the structure. Only where there is an increase in the nonconforming nature of a single or two-family dwelling must a finding be made by the special permit granting authority that the alteration or extension is not substantially more detrimental to the neighborhood. 15. In the present si tuation, the pre-existing, nonconforming dwelling upon the locus has been extended by Special Permit on the basis of a 1984 finding by the Board of Appeals that the increase in ground cover would not be substantially more detrimental to the neighborhood. The subject building permit application does not propose any increase in ground cover beyond what has already been determined by the Board of Appeals, in File No. 083-84, to not be substantially more detrimental to the neighborhood (and already has been validly constructed) Furthermore, the proposed work would eliminate all other dimensional nonconformities of the structures which are to be affected by the change. 16. Based upon the facts as presented by the property owner and the ZEO, the Board of Appeals made a motion to overturn the issuance of the Building Permit by the ZEO. Subsequently, there were zero (0) votes in favor and five (5) opposed (Toole, Koseatac, O'Mara, Poor, Tupper opposed). Therefore, it was decided that the ZEO correctly determined, within the scope of his power and without the need of a finding by the special permit granting authority, that the relocation and al terations to the dwelling and garage would not increase their nonconforming nature, and that therefore the ZEO had not erred in issuing zoning certification for the building permit issued to the property owner in this matter, based upon the Board of Appeals decision in File No. 083-84. 17. On the basis for our denial of the appeal, we have not reached the questions raised by the property owner as to the 4 failure of the appeal to state the names of the appellants, and as to their standing as "persons aggrieved" by the actions of the ZEO and the Building Commissioner, and the fact that the Building Commissioner was not named by the appellants as a party. / Dated: JIay/4- , 2008 Nantucket, ss. COMMONWEALTH OF MASSACHUSETTS November ;1-, 2008 On this If--dayof /tIoV ,2008, before me, the undersigned ~tary Public, personally appeared ~d~~ f/~ , who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he/she signed it voluntarily for its stated purpose. ~~ Notary Public: t!rJ1-(~,Md1Y~ My commission expires: M~ ;~ rltJ/7 5