HomeMy WebLinkAbout066-08 Schmidt/Conway
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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Date: December 24 ,2008
To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Applica tion No. :
066-08
Owner/Applicant:
John R. Schmidt and Wendy F. Conway
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.
Jr J; S Nt.. 085)
Michael J. O'Mara, Chairman
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32
(VARIANCES). ANY QUESTIONS, PLnSE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
NANTUCKET ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS 02554
Map 92.4
Parcel 121
LUG-3
28 Bosworth Road
Land Court Plan No. 5004-D
Lots 223-239, inclusive
Cert. of Title 21-545
DECISION
1. At a public hearing of the Nantucket Zoning Board of Appeals ("ZBA"), on
Thursday, November 13, 2008 at 1 :00 P.M., in the Conference Room in the Town Annex
Building, 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following
Decision on the Application of JOHN R. SCHMIDT AND WENDY F. CONWAY,
with an address of 4570 Delafield Avenue, Riverdale, NY 10471, Board of Appeals File
No. 066-08, the Board made the following Decision:
2. Applicants are seeking relief by VARIANCE pursuant to Nantucket Zoning By-
law Section 139-16A (Intensity Regulations - setback). Applicants are seeking relief in
order to validate the siting of an existing at grade tennis court. The tennis court is sited as
close as zero feet from the southwesterly front yard lot line, in a district that requires a
front yard setback of 35 feet. If the frontage is taken from Surrey Avenue to the north
then the tennis court is sited within the required ten-foot side yard setback area as
measured from Bosworth Road. The tennis court fence is actually sited over the lot line
by about six inches on its northwesterly comer. The tennis court is otherwise conforming
as to all other setback requirements. Residential tennis courts do not count towards
ground cover calculations.
The Premises is located at 28 BOSWORTH ROAD, Assessor's Map 92.4, Parcel
121, Land Court Plan No. 5004-D, Lots 223-239, inclusive, Certificate of Title 21,545.
The property is zoned Limited-Use-General-3.
3. Our Decision is based upon the Application and accompanying materials, and
representations and testimony received at our public hearing. The Planning Board made
no recommendation, finding that the Application did not present any issues of planning
concern. Other than the presentation by the Applicants' representative there was no
comment from the public at the public hearing. There was one email note on file
submitted by an abutter, which expressed no concerns about the location of the tennis
court. They asked that the screening from Bosworth Road be improved as a mature tree
had been blown down in a storm. On file was a letter dated October 3, 2006 from the
Zoning Enforcement Officer indicating that several permits needed to be closed out prior
to issuance of a new building permit for work to be performed on the dwelling. The
tennis court building permit could not be closed out until relief had been obtained from
the ZBA or the tennis court was relocated out of the required setback area.
4. Applicants represented that the other structures on the lot, i.e., a single-family
dwelling, swimming pool, shed and outdoor platform, are conforming as to setback
requirements, with a minimum side/rear yard setback of ten feet allowed for subminimum
lots of record in the LUG-3 zoning district. The lot is conforming as to ground cover and
frontage requirements. Other than the aforementioned nonconforming siting of the tennis
court, the lot is also nonconforming as to lot size, with the lot containing about 85,000
square feet of area in a district that requires a minimum lot size of 120,000 square feet.
Applicants represented that the lot is a pre-existing nonconforming lot of record.
5. Applicants represented that the single-family dwelling was constructed in 1988
pursuant to validly issued Building Permit #5597-87. A Certificate of Occupancy was
issued on August 8, 1988, without benefit of an "as-built" plot plan having been
submitted or required by the Building Department at the time. Subsequent building
permits were issued for ancillary structures in 1988, 1993 and 1994 with no Certificates
of Occupancy having been issued. The Applicants are in the process of closing out those
Building Permits as required by the Zoning Enforcement Officer prior to his "sign-off'
on a new building permit application for work on the dwelling that was approved by the
Historic District Commission ("HDC,,) and that would be entirely conforming.
6 Applicants represented that the septic plan included in the Building Department
file, prepared by Charles W. Hart, professional land surveyor, submitted as part of the
1988 Building Permit application for the dwelling, showed the tennis court running in an
east to west direction located on the southerly portion of the lot, but sited at zero feet
from Bosworth Road. There was no notation in the file about this aspect of the plan.
7. Applicant represented that the tennis court was constructed in 1993 pursuant to
duly issued Building Permit #10333-93. The Building Permit Application indicated that
the setback from Bosworth Road of the tennis court was to be about 75 feet with the
notation on the Application above this particular noted measurement that this
measurement was taken from "Bosworth". At no time did any plan show a 75-foot
setback of the tennis court from the property line but could have been seen as 75 feet
from the dirt traveled portion of Bosworth Road, which is on the westerly side of the
road layout. The other measurements on the Application were also incorrect but
immaterial as the tennis court meets all other setback requirements.
8. Applicants represented that the original stamped approved HDC plans in
Certificate of Appropriateness No. 24,719, submitted with the Building Permit
application for the tennis court indicated that the tennis court was to be oriented in an east
to west direction with a minimum of a 15-foot setback from Bosworth Road shown on
the plan and with the tennis court located on the southerly portion of the lot. This would
seem to indicate that the owner at the time was considering the frontage to be taken from
Surrey A venue and side yard setback from Bosworth Road. Had the tennis court been
constructed as shown on this plan it would have been conforming. The Building Permit
was issued based upon this plan.
9. Applicants represented that at some point, after issuance of the Building Permit in
1993 for the construction of the tennis court, the orientation was altered during
construction to run in a north to south direction and was placed at zero front/side yard
setback, as it is currently shown upon the "As-Built Plot Plan", dated September 25,
2008, and prepared by John R. Farren, professional land surveyor, for Bracken
Engineering, Inc.
10. Applicants further stated that should the ZBA deny relief and thereby require that
the tennis court be relocated in its entirety to a conforming location, it would constitute a
de facto enforcement action on a structure that is arguably protected from such
enforcement action as it has been in the current location for more than six years.
Applicants desire to validate the siting of the tennis court along Bosworth Road, which is
a private abutters' way. The traveled portion of the dirt road ends prior to the Tom
Nevers Bluff just beyond the southerly boundary of the locus and services only four other
properties abutting this portion of Bosworth Road. The tennis court has not impeded
access for 15 years along this portion of Bosworth Road and Applicants argue that there
would be no public benefit gained from the relocation of the tennis court to a conforming
portion of the lot. In addition relocation would disturb the neighborhood and the
substantial screening along the lot lines in a rural area of Tom Nevers. There is an
extensive natural vegetative buffer zone between the tennis court and the traveled dirt
portion of Bosworth Road, providing screening and separation from the road, as visible
on the 2007 GIS aerial maps provided with the ZBA Application. The buffer has been left
to grow undisturbed since original construction as can be seen when comparing the 1998-
2004-2008 aerial photographs.
11. Therefore, based upon the foregoing, the Board finds that the tennis court has
been so sited for a period of greater than six years for a structure that was built pursuant
to a validly issued building permit; and for greater than ten years for a structure not built
pursuant to a validly issued building permit. No enforcement action or other notice issued
by the town of said setback violation was received by the Applicants or the predecessors
in title since the 1993 construction of the tennis court and thus the nonconforming siting
of the structure is arguably protected by the curative provisions in Mass. General Laws c.
40A, section 7 from any enforcement action and can remain as currently sited. However,
the ZBA takes note that the Zoning Enforcement Officer ("ZEO") has requested that all
previous permits be closed out prior to issuance of a new building permit for conforming
unrelated work to be performed on the dwelling.
The Board further finds that there seemed to be some confusion among all parties
at the time of construction as to which road was providing frontage, and thus which
setback applied to Bosworth Road. There was a series of owners and builders, with the
tennis court having been built by an off-island contractor who perhaps was not aware of
the requirement to seek a modification of the Building Permit in order to re-site the tennis
court and change the orientation prior to construction. In addition, as was common, and
documented in several previous ZBA Decisions related to properties in the Tom Nevers
area, setbacks were at times erroneously measured from the actual traveled portion of the
dirt roads rather than the actual boundary lines, with bounds being difficult to locate.
Brush cut paths have also been incorrectly used to take measurements from in other
cases. The setback of the tennis court might actually have measured 75 feet from the dirt
portion of Bosworth Road at the time of construction, leading the builder to think that the
court was properly sited. The builder and previous owner at the time are no longer
available to testify as to what transpired.
In addition, the Board finds that a grant of Variance relief, to the extent necessary,
to validate the siting of the tennis court, could be supported given that the tennis court is
validly protected from enforcement action by state zoning law, but Applicants are now
placed in a difficult position in that the ZEO is requiring that the permits be closed out
prior to issuance of the new building permit and the only practical remedy for the
Applicants is to either move the protected tennis court, in essence a de facto enforcement
action, or seek variance relief from the ZBA. The ZBA therefore finds that owing to the
unique circumstances related to the topography of the structure, i.e., tennis court,
especially affecting such land or structures but not affecting generally the zoning district
in which it is located, given that the property is situated within a rural area of Tom
Nevers on a dead-end dirt road, and the tennis court has been so sited without comment
for 15 years, a literal enforcement of the provisions of the Zoning By-law would involve
substantial hardship to the Applicants. The desirable relief to validate the siting of the
tennis court, could be granted without substantial detriment to the public good and would
not nullify or substantially derogate from the intent or purpose of the Zoning By-law.
12. Accordingly, the Board of Appeals, by a vote of four in favor (O'Mara, Koseatac,
Poor, Cross) and one opposed (Tupper), GRANTS the requested relief by VARIANCE
pursuant to Nantucket Zoning By-law Section 139-16A to validate the siting of the tennis
court within the required southwesterly setback area as close as zero feet, subject to the
following conditions:
a. The northwesterly portion of the tennis court fence that is located within
the layout of Bosworth Road shall be relocated so as to be entirely
contained within the defined lot lines of the property;
b. There shall be no further construction within the required ten-foot side
yard setback area as taken from Bosworth Road, without further relief
from this Board; and
c. The tennis court shall be sited, other than the portion of the fence to be
relocated as stated in Condition "a", substantially as shown upon the "As-
Built Plot Plan", prepared by John R. Farren of Bracken Engineering, Inc.,
dated September 25, 2008, a reduced copy of which is attached hereto as
Exhibit A; (Note: a revised site plan showing the relocated fence, shall be
submitted into the ZBA file upon completion of this portion of the work.)
(ZBA Dec. 066-08)
Dated: December ~3 , 2008.
t, ~
Mlcha J. O. 'M,
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.("Kerim Koseatac
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M rk Poor .
Carol Cross
Burr Tupper
COMMONWEALTH OF MASSACHUSETTS
Nantucket, SS.
~lw- J 3
,2008
On this ~3 day of ~l.. , 2008, before me, the undersigned Notary Public,
personally appeared tPlM-.. p"r , 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 signed it voluntarily for its stated
purpose.
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00
File No. H&-OJ
Owner's name(s): APPLICANTS JOHN R. SCHMIDT AND WENDY F. CONWAY
Mailing address: 4570 DELAFIELD AVENUE, RIVERDALE, NY 10471
Phone Number: 212-436-3038
E-Mail:WESCHMIDT@DELOI~TE.COM
Applicant's name(s): ATTORNEY FOR APPLICANTS RICHARD GLIDDEN, ESQ.
Mailing Address: PO BOX 1079, NANTUCKET, MA 02554
Phone Number: 508-228-0771
E-Mail: GLIDATTY@NANTUCKET.NET
Locus Address: 2 9 BOSWORTH ROAD
Assessor's Map/Parcel: 92.4/121
Land Court Plan/Plan Book & Page/Plan File No.: 5004-D, LOTS 223-239
Deed Reference/Certificate of Ticle: 21,545
Zoning District LUG- 3
Uses on Lot- Commercial: None~ Yes (describe)
Residential: Number of dwellings ONE Duplex
Apartments
Date of Structure(s): all pre-date 7/72
or 1988
Building Permit Numbers: 6095- 88 i 6232-88 i 10333 - 93 i 10573 -94; 10989- 94 iSS97.g7
Previous Zoning Board Application Numbers: NA
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
State below or attach a separate addendum of specific special permits or variance relief applying for:
(SEE ATTACHED ADDENDUM)
./"
I certify that the information con . ed herein is substantially complete and true to the
best of my knowledge, under e pains and penalties of perjury.
SIGNATURE:
Owner*
SIGNATURE:
Applicant/ Attorney / Agent*
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on:_ / _/ _ By~ Complete~ Need Copies:_
Filed with Town Clerk:_/ _/ _ Planning Board:_/ _/ _ Building Dept.:_/ _/ _ By:
Fee deposited with Town Treasurer:_/ _/ _ By:_ Waiver requested:_
Granted:_/ _/ _ Hearing notice posted with Town Clerk:_/ _/ _ Mailed:_/ _/_
I&M_/_/_ &_/_/_ Hearing(s) held on=-/_/_ Opened on :_/_/_
Continued to: / / Withdrawn: / / Decision Due By: / /
Made:_/ / Filed w/Town Clerk: / _/ _ Mailed:_/ /--
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
ADDENDUM
Applicants are seeking relief by Variance pursuant to Nantucket Zoning By-law Section
139-16A (Intensity Regulations - setback). Applicants are seeking relief in order to
validate the siting of an existing at grade tennis court. The tennis court is sited as close as
zero feet from the southwesterly front yard lot line, in a district that requires a front yard
setback of 35 feet. If the frontage is taken from Surrey Avenue to the north then the
tennis court is sited within the required ten-foot side yard setback area as measured from
Bosworth Road. The tennis court fence is actually sited over the lot line by about six
inches on its northwesterly comer. The tennis court is otherwise conforming as to all
other setback requirements. Residential tennis courts do not count for ground cover.
All other structures on the lot are conforming as to setback requirements, with a
minimum side/rear yard setback of ten feet allowed for subminimum lots of record in the
LUG-3 zoning district. The lot is conforming as to ground cover and frontage
requirements. Other than the aforementioned nonconforming siting of the tennis court,
the lot is also nonconforming as to lot size, with the lot containing about 85,000 square
feet of area in a district that requires a minimum lot size of 120,000 square feet.
The lot is a pre-existing nonconforming lot of record. The single-family dwelling was
constructed in 1988 pursuant to validly issued Building Permit #5597-87 ("Permit"). A
Certificate of Occupancy was issued on August 8, 1988, without benefit of an "as-built"
having been submitted. Other building permits were issued for ancillary structures in
1988, 1993 and 1994 with no Certificates of Occupancy having been issued. The
Applicants are in the process of closing out those Building Permits as required by the
Zoning Enforcement Officer prior to his sign-off on a new building permit application for
conforming work to be done on the dwelling.
Exhibit A:
Letter dated October 3,2006 from the Zoning Enforcement Officer indicating that several
permits needed to be closed out prior to issuance of a new building permit for work to be
performed on the dwelling. The tennis court building permit cannot be closed out until
relief has been obtained from the ZBA or the tennis court is relocated.
Exhibit B:
The tennis court was constructed in 1993 pursuant to duly issued Building Permit
#10333-93. The Building Permit Application indicated that the setback from Bosworth
Road of the tennis court was to be about 75 feet with the notation above this particular
measurement that this measurement was from "Bosworth". At no time did any plan show
a 75-foot setback from the property line but could have been seen as 75 feet from the dirt
portion of Bosworth Road, which is on the westerly side of the road layout. The other
measurements were also incorrect but immaterial as the tennis court meets all other
setback requirements.
Exhibit C:
The original stamped approved Historic District Commission plans, Certificate of
Appropriateness No. 24,719, submitted with the building permit application indicated
that the tennis court was to be oriented in an east to west direction with a minimum of a
15-foot setback from Bosworth Road shown on the plan and with the tennis court located
on the southerly portion of the lot. This would seem to indicate that the owner at the time
was considering the frontage to be taken from Surrey A venue and side yard setback from
Bosworth Road. Had the tennis court been constructed as shown on this plan it would
have been conforming.
Exhibit D:
A septic plan included in the Building Department file, prepared by Charles W. Hart,
professional land surveyor, submitted as part of the building permit application for the
dwelling, showed the tennis court running in an east to west direction located on the
southerly portion of the lot, but sited at zero feet from Bosworth Road.
Exhibit E:
At some point, after issuance of the Permit in 1993, the orientation was altered during
construction to run in a north to south direction and was placed at zero front/side yard
setback, as it is currently shown upon the "As-Built Plot Plan", dated September 25,
2008, and prepared by John R. Farren, professional land surveyor, for Bracken
Engineering, Inc.
Conclusion/Findings:
The tennis court has been so sited for a period of greater than six years for a structure that
was built pursuant to a validly issued building permit; and for greater than ten years for a
structure not built pursuant to a validly issued building permit. No enforcement action or
other notice issued by the town of said setback violation was received by the Applicants
or the predecessors in title since the 1993 construction of the tennis court and thus the
nonconforming siting of the structure is arguably protected by the curative provisions in
Mass. General Laws c. 40A, section 7 from any enforcement action and can remain as
currently sited. However, the Zoning Enforcement Officer ('"ZEO") has requested that all
previous permits be closed out prior to issuance of a new building permit for work to be
performed on the dwelling.
There seemed to be some confusion among all parties at the time of construction as to
which road was providing frontage, and thus which setback applied to Bosworth Road.
There was a series of owners and builders, with the tennis court having been built by an
off-island contractor who perhaps was not aware of the requirement to seek a
modification of the Building Permit in order to re-site the tennis court and change the
orientation prior to construction. In addition, as was common, and documented in several
previous ZBA Decisions related to properties in the Tom Nevers area, setbacks were at
times measured from the actual traveled portion of the dirt roads rather than the actual
boundary lines, with bounds being difficult to locate. Brush cut paths have also been
incorrectly used to take measurements from. The setback might actually have measured
75 feet from the dirt portion of Bosworth Road at the time of construction, leading the
builder to think that the court was properly sited. The builder and previous owner at the
time are not available to testify as to what transpired at that time.
Applicants desire to validate the siting of the tennis court. Bosworth Road is a private
abutters' way. The traveled portion of the dirt road ends prior to the Tom Nevers Bluff
just beyond the southerly boundary of the locus and services only four other properties
abutting this portion of Bosworth Road. The tennis court has not impeded access for 15
years along this portion of Bosworth Road and Applicants argue that there would be no
public benefit gained from the relocation of the tennis court to a conforming portion of
the lot. In addition relocation would disturb the neighborhood and the lot in a rural area
of Tom Nevers. There is an extensive natural vegetative buffer zone between the tennis
court and the traveled dirt portion of Bosworth Road, providing screening and separation
from the road, as visible on the GIS aerial maps provided with the ZBA Application. The
buffer has been left to grow undisturbed since original construction as can be seen when
comparing the 1998-2004-2008 aerials.
A grant of Variance relief, to the extent necessary, to validate the location of the tennis
court, could be supported given that the tennis court is validly protected from
enforcement action by state zoning law, but Applicants are now placed in a difficult
position in that the ZEO is requiring that the permits be closed out prior to issuance of the
new building permit and the only practical remedy for the Applicants is to either move
the protected tennis court, in essence a de facto enforcement action, or seek variance
relief from the ZBA. The ZBA could find that owing to the unique circumstances related
to the topography of the structure, i.e., tennis court, especially affecting such land or
structures but not affecting generally the zoning district in which it is located, given that
the property is situated within a rural area of Tom Nevers on a dead-end dirt road, and the
tennis court has been so sited without comment for 15 years, a literal enforcement of the
provisions of the Zoning By-law would involve substantial hardship to the Applicants.
The desirable relief to validate the siting of the tennis court, could be granted without
substantial detriment to the public good and would not nullify or substantially derogate
from the intent or purpose of the Zoning By-law.
Proposed Conditions:
The fence that is situated within the layout of Bosworth Road shall be
relocated so as to be contained entirely within the defined property lines.
There shall be no further building within the required 10-foot side yard
setback area along Bosworth Road.
The siting of the tennis court is substantially as shown upon the "As-Built Plot
Plan", dated September 25, 2008, and prepared by John R. Farren,
professional land surveyor, for Bracken Engineering, Inc. a reduced copy of
which is to be attached to the Decision.
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92.4 321
Sale Date
Sale Price
Book/Page
Lot Size
92.4 121
28 BOSWORTH RD
SCHMIDT JOHN R &
CONWAY WENDY F
4570 DELAFIELD AVE
RIVERDALE, NY 10471
12/01/2004
$3,000,000
C0021545
1. 9 5 acres
Prop ID
Address
Owner
NOT A LEGAL DOCUMENT
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For general reference only: Important
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Nantucket GIS Coordinator.
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''''"~;
Disclaimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy ofthe data. Users are responSible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
Geographic Information System (GIS) database.
~ --. ----0-
Town of Nantucket, Massachusetts
Map Composed
9/22/2008
Copyright 2005 Town of Nantucket. MA All rights reserved. Developed by AppGeo
http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve= Width&Map Width= 172... 9/22/2008
Town of Nantucket Web GIS - Printable Map
Page 1 of 1
Town of Nantucket Web GIS
Prop ID
Address
Owner
Sale Date
Sale Price
Book/Page
Lot Size
Q{cr67
92.4 121
28 BOSWORTH RD
SCHMIDT JOHN R &
CONWAY WENDY F
4570 DELAFIELD AVE
RIVERDALE, NY 10471
12/01/2004
$3,000,000
C0021545
1. 95 acres
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Pi~<;ljlimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
Geographic Information System (GIS) database.
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Town of Nantucket, Massachusetts
Map Composed
9/22/2008
Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo
http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve= Width&Map Width=864... 9/22/2008
Town of Nantucket Web GIS - Printable Map
Page 1 of 1
Town of Nantucket Web GIS
Prop ID
Address
Owner
Sale Date
Sale Price
Book/Page
Lot Size
92.4 121
28 BOSWORTH RD
SCHMIDT JOHN R &
CONWAY WENDY F
4570 DELAFIELD AVE
RIVERDALE, NY 10471
12/01/2004
$3,000,000
C0021545
1. 9 5 acres
':<dJ c.f
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Discl~"]1er The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for.
determining the suitability for individual needs.
All information is from the Town of Nantucket
Geographic Information System (GIS) database.
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Town of Nantucket, Massachusetts
Map Composed
9/22/2008
Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo
http://host.appgeo.comlnantucketmalPrintableMap.aspx?Preserve= Width&Map Width=864... 9/22/2008
Town of Nantucket Web GIS - Printable Map
Page 1 of 1
Town of Nantucket Web GIS
.,
Prop ID
Address
Owner
92.4 121
28 BOSWORTH RD
SCHMIDT JOHN R &
CONWAY WENDY F
4570 DELAFIELD AVE
RIVERDALE, NY 10471
12/01/2004
$3,000,000
C0021545
1. 95 acres
NOT A LEGAL DOCUMENT
')
I;;'
I~
Sale Date
Sale Price
Book/Page
Lot Size
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
,-
~. ~ J\ ~,. ~i,.
'-... ,#- _____,>~..I>'
''',,,...j '.,:
~!q9?
Disclaimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
Geographic Information System (GIS) database.
. - --~._~O
Town of Nantucket, Massachusetts
Map Composed
9/22/2008
Copyright 2005 Town of Nantucket, MA All rights reserved. Developed by AppGeo
http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve=Width&Map Width=864... 9/22/2008
At ~ 00
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FiECC:fVi.:,)
BOl,RD OF f\SSEE:SORS
Sf='P f) ') ZOPR
_I ~..I l....l""
Town of Nantucket
Zoning Board of Appeals
TOWN OF
NANTUC~\ET, MA,
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTYOWNER.~..~r.!d.)~..~
MAILING ADDRESS" ,."., ,.. ........ .,.." .."" ,....".",,'.,. ,.. ,.'", ..""" .,....
PROPERTY LOCATION"...... ,d.!....,~. ,I3:!.".....,
9;2'/- I;L/
ASSESSOR MAP/P ARCEL".""",.,.."".,.,..,..,...""".,.".",.,......."..,..,
SUBMITTED By"..,.,.,."""""""..",..",.."",.".,...,."..,.,.",.",.".",..
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons who are owners of abutting
property, owners ofland directly opposite on any public or private street or way;
and abutters of the abutters and all other land owners within 300 feet of the
property line of owner's property, as they appear on the most recent applicable tax
list (M.G,L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B
(2),
...
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DAT )
A~FI({ !t-w
TOWN OF NANTUCKET
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EXHIBIT A
PS l-orm ,jOVV. .JUI'!? ,"VVo:.. I' .-.-.--,
....~;.,H'I...~_1-' t'~,i"'l UUtlJlI,......J
....111'" BUILDING AND CODE ENFORCEMENT DEPT.
&,'\\~MTUc'~.:,,#. TOWN BUILDING ANNEX
!fC]~J-~
~~o.~ 37 WASHINGTON STREET
!:l_'~~ NANTUCKET, MASSACHUSETTS 02554
=':'~. ,!liS
-:: ~ ~.'::
~~ ......,- -. -- '{\.....~ Telephone 508-228-7222
~~ . ~~ TI
~ 0... "I;,~ e e Fax 508-228-7249
"'/~POItAt,9~",'
I""....."",
October 3,2006
John Schmidt and Wendy Conway
4570 Delafield Ave.
Riverdale, NY 10471
Dear Mr. Schmidt and Ms. Conway:
Your request for work at 28 Bosworth Rd. (Map# 92.4, Parcel# 121), has been denied for
the following reason(s):
No Certificate of Occupancy has been issued for work performed under the following
building permits: #6095-88 (pooVwhirlpool), #6232-88 (pool shed), #10333-93 (tennis
court), # 1 0573-94 (porch/deck/dormer), and # 1 0989-94 (deck), in violation 9139-28 of
the Zoning Code. Please submit a current as-built site survey for review.
If you have any questions regarding this notice please call, fax or visit.
~fullY'
Marcus Silverstein
Zoning Enforcement Officer
Town of Nantucket
Please be advised that an appeal of this denial may be filed within 30 days of this notice with the Zoning Board of Appeals pursuant to ~ 139.
31A(Z) of the Town of Nantucket Zoning Code.
EXHIBIT B
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IMPORT~NT - AppflCMt to complete ""tem. In Section.: 1,2,3,4, Md 5
OWNERS NAME: ~ ~.j;r,j ~ ,.,,~........ )'--
Last First Middle Initiav'
,;.l?n5/,)nRT# .RJ)
No. Street Village
Assessor's Map No.
2. TYPE AND COST OF BUILDING - All applicants complete Parts A-D
A. TYPE OF IMPROVEMENT
.I1O..New Building
o Addition (If residential, enter number
of new housing units added,
if any, in Part D, 13)
o Alteration (See 2 above)
o Repair, replacement
ODemolition (If multifamily residential,
enter number-of units in
building in Part D, 13)
[] Moving (relocation)
o Foundation only
B. OWNERSHIP
p(Private (individual, corporation,
nonprofit institution, etc.)
o Public (Federal, State, or local
government)
;;''/
'i.~
RECEIVED 9' -;< ? - .~ '~
APPLICATION WILL NOT BE
DEEMED COMPLETE UNTIL
REVIEWED BY BUILDING
INSPECTOR
1.
LOCATION
OF
BUILDING
C. COST
Cost of: a. Structure
b. Electrical
c. Plumbing
d. Heating
e. Other
TOTAL COST OF IMPROVEMENT
BUILDING INSPECTOR'S ESTIMATE
'i2.,:;)nt>,~
{
/0333-93
/0 'i.;l-98
BUILDING APPLICATION NUMBER
APPLICATION FOR
PlAN EXAMINATION AND
BUILDING PERMIT
10m
N€VEA'-S
/d< / - /L~ 7
9.:1. ~
Assessor's Parcel No.
D. PROPOSED USE - (For "Demolition" most recent use)
Residential Nonresidential
o Amusement, recreational
o Church, other religious
o Industrial
o Parking garage
o Service station, repair garage
o Hospital, institutional
o Office, bank, professional
o Public utility
o School, library, other educational
o Stores, mercantile
o Tanks, towers
o Other - Specify
o One Family
o Two or more family - Enter
number of untils
o Transient Hotel, Motel or
dormitory; or INTERVAL
OWNERSHIP - enter number of units
o Garage
o Carport
~Other - Specify .-r.6A)J.)r~ c;~
omit cents
E. DIMENSIONS
$
Dimensions (New) of
Dwelling or Addition:
No. of Stories:
Dimensions of
Additional Structures:
Garage:
Accessory Bldg.
Swimming Pool:
Other:
First Floor Area:
6
~t!') j( I Zb I
Second Floor Area:
Third Floor Area:
Total Floor Area:
Full Cellar Area:
3. SELECTED CHARACTERISTICS OF BUILDING
F. PRINCIPLE TYPE OF FRAME
o Masonry (wall bearing)
o Wood frame
o Structural steel
o Reinforced concrete
o Other - Specify
G. PRINCIPLE TYPE OF HEATING
o Gas
OOil
o Electricity
o Coal
o Other - Specify
For new buildings and additions, complete Parts E-N
for Demolition, complete onl Part 1., for all others skip to 4.
H. TYPE OF SEWAGE DISPOSAL
o Public or private company
o Private (septic tank, etc,)
K. ACCESSORY HEAT SOURCE
No, of fireplaces
No. of Wood Stoves
No. of Coal Stoves
Solar Collec~or
Other:
I. TYPE OF WATER SUPPLY
o Public or private company
o Private (well, cistern)
L. SMOKE DETECTORS
No. of Dectectors
Type (Battery or AC)
See Plan for Location
J. SPECIAL CHARACTERISTICS
o Air Conditioning
o Heat Pump
o Central Vacuum
o Other
M. RESIDENTIAL BUILDINGS ONLY
Number of Bedrooms
Number of Bathrooms
Full _ Partial
4. ZONING COMPLIANCE To be completed by 8118ppl1c8nta
Applicant is required to submit a re~istered' plot plan with application, showing location of all struc~es. (' ....G
Zoning District: /:.a..Z5~~ Total land Area: K.~ C/O CJ , ')~ ..p-
Frontage on Street: /, tJ ~:r' lot No. ~ 7- S '7"/,(,(/ I )~(t..;o/A/G L~7
Plan Book No. and Page: __ _ _- ~ f? (,/9 "7 ~dC) Y' P ~/ee-.T r
Date lot Purchased: t?~c:::.... :2- q ( 9 11 C Certificate No. /
SUBDIVISION INFORMATION
Name of Owner:
/r~,~
1/ AR
A/ I'7A/E
Date of Plan Approval:
Type of Approval: ANR
Planning Board File No.
Is the Subdivision subject to a Covenant: YES
Is a Release required: YES NO '- .-
Has Plan been filed with the Registry of Deeds? YES V NO
If YES: Plan Book and Page No. (: e~;- ?9) Date /yt?r
D1M:,::~::mm Pmperty Li",$ FRON ~ REAR C;;)
Distance between Principal and seco~ A/.4 (12ft. minimu
Height of structure above finish grade: N ~ S-' "21( E -2.:.~ I 2/f S 2.~; 2/ W
Number of off-street parkig spaces: Enclosed / On-site V
NO
c.-'
TIME SHARING
INFORMATION
Is there a declaration of
Covenants and Restrictions of
Interval Ownership noted on
your Title or Deed?
Yes_ No_
~
IGH~
/9/
GROUND COVER
Principal Dwelling:
Secondary Dwelling:
Addition:
Garage:
Accessory Building:
Swimming Pool:
Other:
~ <;/;>0 ~
Total:
Allowable: -Z~~
:29'16
SF.
SF.
MISCELLANEOUS
Was a request to "Determing Applicability of the Wetland Protection Act" filed with the Nantucket Cosnervation Committee? YES _ NO E".../
If answered YES, inclde "Order of Conditions" with application.
What date was the "Order of Conditions" with application.
What date was the "Order of Conditions" filed with the Registry of Deeds?
Is the property located withing a Flood Hazard district? YES NO t/
Was a Variance or Special Permit granted by the Board of Apeals? YES NO /./'
If answered YES, what date was the decision filed with the Town Clerk?
FOR BUILDING DEPARTMENT USE ONLY
Minimum Lot Size: /a"
Frontage on Street:
Front Yard:
Additional Comments:
Ground Cover Ratio:
Side and Rear Setback:
Date:
APPROVED BY:
Zoning Officer
3. Continued
N. ENERGY CONSERVATION Type Thickness R Value
Foundation or Floor insulation
Wall Insulation
Ceiling or Roof Insulation
Window Glazing: Insulated Glass Double Glass Storm
Doors: Insulated Yes No Weatherstripped: Yes No
Percentage of Window Area to Wall Area: I
Maximum BTU loss per hour of structure: . (Do not fill in if % of window to wall area is less than 20%)
O. STRUCTURAL CHARACTERISTICS OF BUilDING
Applicant is required to submit complete structural framing plans with application due to the complexity of the structure, if the following information
is insufficiant for proper plan review.
Foundation
Footing size: Footing reinforcing:
Wall material: Wall thickness:
Wall height Wall reinforcing:
Pier or column size: Pier or column spacing:
Pier or column footing size: Pier or column reinforcing:
No. of crawl space vents: Crawl space: 0 Full o Partial
FRAMING: Main Carrying members: Size: Support Spacing:
First Floor Framing Joist size: Maximum Span: Maximum Spacing:
Second Floor Framing Joist size: Maximum Span: Maximum Spacing:
Ceiling Framing Joist size: Maximum Span: Maximum Spacing:
Roof Framing Rafter size: Maximum Span: Maximum Spacing:
Roof Truss Applicant must submit design calculations for all wood trusses stamped by a Registered Profession Engineer.
INTERIOR FINISH Walls Floors Ceiling
Bedrooms
living Room
Family Room
Dining Room
Bathroom
Utility Room
Special (specify)
Attic
Cellar
EXTERIOR FINISH
Wall Material
Roof Material
Roof Type
NOTES AND DATE (For Department UH)
FEE CALCUAL TIONS
5. IDENTIFICATION - To be completed b elleppllcent.
Name
Mialing address - Number, street, city, and State
Zip Code
Telephone No.
1.
Owner or
Lessee
2.
General
Contractor
3.
Contractor
Signature
4.
Architect or
Engineer
I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application as
his authorized agent andE! agree to / form to all applicable laws of this jurisdiction.
Address
"
/
r4 ~
DO NOT WRITE BELOW THIS LINE
8. PLAN REVIEW RECORD - For Offtce U.. . ..
Plans Review Required
HISTORIC DISTRICS COMMISSION e-k, ~<\. 'q.\q 9..\ l~. Clt " --
SEPTIC - -
SEWER
WATER WELL COMPLETION REPORT
CONSERVATION COMMISSION
BOARD OF APPEALS
SECONDARY DWELLING APPROVAL (Planning Board)
FIRE CHIEF
OVER-THE-ROAD (Board of Selectmen)
RELEASE FORM (Planning Board)
ROAD OPENING PERMIT (DPW)
PLUMBING
ELECTRICAL
7. VALIDATION
FOR DEPARTMENT USE ONLY
Building ./O'-~ 3~3 0'3
Permit number - /'- Use Group
Fire Grading
Building /0 -/~- 98 Live Loading
Permit issued
Occupancy Load
Census No. ~S
Date of
Reissuance
Building <$'''7-
Permit Fee 50 ·
--- ^pfdJ'oved by:
Date of Issuance of /()-/~ f!/
Certificate of Occupancy
Building Inspector
C~J~R 780 5th e"
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