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Home My WebLink About090-08 Tulloch - T/Five Village Way Nominee Trust d OJ -~~ r--', c:::J r=:! - ~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 LV o -'J , -~ ---- o APPLICATION Fee: $300.00 File No. 010' m Owner's name(s): Peter H. Tulloch and Virginia C. Tulloch. Trustees of Five Village Way Nominee Trust Mailing address: c/o Reade. Gullicksen. Hanley & Gifford. LLP Phone Number: 508-228-3128 E-Mail: air@readelaw.com Applicant's name(s): Same Mailing Address: 6 Young's Way. Post Office Box 2669. Nantucket. Mass. 02584 Phone Number: 508-228-3128 E-Mail: air@readelaw.com Locus Address: 5 Village Way Assessor's Map/Parcel: 14-3 and 14-47 Plan Reference: Land Court Plan 16220-A. Lot 4: Land Court Plan 16220-B. Lot 4A Deed Reference/Certificate of Ticle: 18543 Zoning District Limited Use General-3 Uses on Lot- Commercial: None-K- Yes (describe) Residential: Number of dwellings 1 Duplex Apartments Date of Structure(s): all pre-date 7/72 x or Building Permit Numbers: 1366-07 Previous Zoning Board Application Numbers: 050-07 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 varianee relief applying for: The applicants request that the Board of Appeals decision in Case No. 050-07, which granted relief by Special Permit for the alteration of their pre-existing, nonconforming single- family dwelling, be modified to specifically determine and clarify that all of the work performed upon the dwelling, pursuant to Building Permit No. 1366-07 and Historic District Commission ("HOC") Certificate of Appropriateness No. 47665, has been done in substantial conformity with the plans approved by the HOC, and specifically that the roof overhang on the southerly side of the structure, as shown upon the plan by Weller & Associates dated December 6, 2008, filed herewi th, is permitted wi thin the scope of the Board of Appeals decision. 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: Peter By: Tulloch and Virginia C. Tulloch, Trustees, Owner* SIGNATURE: .i\pplicantl Attorney I Agem* ur I. Reade, Jr., Attorney *If an }...ttomey or other Agent is reprcsCflting thc Owner or the Applicant, please pro-.ride a signed proof of agency. OFFICE USE ONLY Application received on:_1 _I _ By:_ Complete:_ Need Copies:_ Filed with Town Clerk:_1 _I _ Planning Board:_1 _I _ Building Dept.:_1 _I _ By:_ Fee deposited with Town Treasurer:_1 _I _ By:_ Waiver requested:_ Granted:_1 _I _ Hearing notice posted with Town Clerk:_1 _I _ Mailed:_1 _I _ I&M_I _I _ &_1 _I _ Hearing(s) held on:_1 _I _ Opened on :_1 _I _ Continued to:_1 _I _ Withdrawn:_1 _I _ Decision Due By:_1 _I _ Made:_1 _I_Filed w ITown Clerk:_1 _I _ Mailed:_1 _I _ lr:\~\'f'a1.1och\ma. UP f'or 1-200~_dDc:I:: 2 Fairgrounds Road Nantucket 508-228-7215 telephone Massachusetts 508-228-7298 facsimile 02554 I, i~ I; ~I .,,-. ~:~~ ~ E : ~ ;~ i "/./.'.'~.~.'.d~\.JJjj;.. \\ , ."~. ~~'{t' : '.. ....,. ,'.<. / '-', '.. ; -'>r'- J "-. '-'" ....., -, -~., " ,." I 'qjfti" I '~ H '.. z .... 1m ~ . .... II' ~ ~ . 1,1, ~ I aL 0( !lllt III I 1Illi ~ . . . ;: I Ii' ~ L '~..lI'" I ''JIIW I I-"~I -~... -~11-'-11'" I ill ill ill @ ill! ~I 41 illI , @l I ~ 10 w- illi ~~ i~ ~ i~ ij 1 ~ ----.f.Th. !~ ~ ___J i!J ~ w-- @l' ~E~i ~ ~!. <PI @l ~ J F--- ----~ ~-------~~ r', ,'1 I', ,'. I'" ,. I I , f I ',,' I , ',,," t I " I I ,... I I ,-... I I " I I ,"', I I ,"', I I;' "I I ,,' ',I I,' I I, ,I -------- @J j l... ,~~ It. '~ 'flTff,ll,;f!':"' lr'\\' '. ' ,. .~ '-. , : \,\\,- f;-,/..' "'"".. -'. .,- .'/ 33 !~ j ;:!! I. ~~ ! aL . UII hil HI. I 'qjfti" I I ~'.-I ".JIIH' I I I ~--I ~,"..- I ~'"- I -.- I - 'SIlIi'!li' mJJ.llP I%l r---i-- ; ~I: I o , (j) i$ @ --flV' I-""J --'--'~--' --~ ,~ Ii l.. 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(q, -!..-!//yur,;u.!) Reade, Gullicksen, Hanley & Gifford, LLP 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). ~,g ;&(}()( DA E / ~4~ ASSESSOR'S OFFICE .. TOWN OF NANTUCKET a o ~ ~,~~~~~~~~~~~~~~~~fi! i ~illll~~~~~~1111111 : ~~~~~~CD\OCJ\r--~:::~:::~\O~~~ " en '" '" r4 M r4 M " '" " "" ~ ~ ~ ~ r-- .... 0 0 \4 .. .. 0 ... " ... rt 0 0 \0 I"l .. \0 '"" f'I'I In r-- .... " .... U\ &n U'lI 0 In 0 to- r-- C"lI N 111 " " l:l. o 11'I "'''''U'lIn....O III.... In.... 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I:> .. ~ ~ .. .. .. .. .. .. .... ~.... .. ~ 0 .... ~ ~ ! ~~~~a~il~~i:~~a~~~~ '" a~~~~511~~ritiJra~~~Ii::C~1i: j ;1~~i~!~i~ii~~i~li~ < .. g ~ .... .... .... '" 0) S r4N....an\O::;~::~::=~~~;:.1 o '" ...... 0) i =~=~============:!:== ...... '" .... TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 w d \-'..J 'J . ) .) Date: March 12 /~009 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 090-08 Owner/Applicant: Peter H. Tulloch and Virginia C. Tulloch Trustees of Five Village Way Nominee Trust 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. ~i ~.lll CSilAJ 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, 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 14, Parcels 3 & 47 5 Village Way Limited Use General-3 Land Court Plan 16220-A, Lot 4; Land Court Plan 16220-B, Lot 4A Certificate of Title No. 18543 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, originally scheduled for Thursday, January 15, 2008, at which time it was continued without opening, and was resumed and heard on Thursday, February 12, 2009, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of PETER H. TULLOCH AND VIRGINIA C. TULLOCH, as Trustees of FIVE VILLAGE WAY NOMINEE TRUST, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 090-08: 2. The applicants seek a modification of the Special Permit granted by the Board of Appeals by its decision in Case No. 050- 07, which allowed the alteration of their pre-existing, nonconforming single-family dwelling, to determine that the work done upon the dwelling pursuant to Building Permit No. 1366-07 and Historic District Commission ("HDC") Certificate of Appropriateness No. 47665, has been done in substantial conformity with the plans approved by the HDC, and to conform the Board of Appeals decision to revisions made pursuant to amendments approved by the HDC, specifically including the roof overhang on the southerly side of the structure. The footprint of the structure as altered, and pursuant to the HDC-approved amendment, is shown upon the plan by Weller & Associates dated December 6, 2008, a reduced copy of which is attached hereto as Exhibit A. The locus is situated at 5 VILLAGE WAY, is shown upon Nantucket Assessor's Map 14 as Parcels 3 and 47, consists of Land Court Plan 16220-A, Lot 4, and Land Court plan 16220-B, Lot 4A, and is situated in a Limited Use General-3 zoning district. 0: \ZBA\ZBA Decisions\ZBA DEe 090-08 Tulloch.doc 1 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 matters of planning concern were presented. One neighboring property owner was represented by counsel in opposition and requesting conditions for relief; no other support nor opposition was received. 4. The zoning status of the locus, and the project as proposed by the applicants, are set forth in the Board of Appeals decision in File No. 050-07, which required that the work be done in "substantial conformity" with the plans approved by the HOC in Certificate of Appropriateness No. 47665, "as may be amended from time to time". As noted above, the applicants made minor changes, approved by the HOC under Certificate of Appropriateness No. 52668. When the applicants submitted their request for a Certificate of Occupancy, the Zoning Enforcement Officer declined to certify zoning compliance, on the basis that the work had not all been done in substantial compliance with the original Certificate of Appropriateness. Accordingly, the applicants submitted the present application. The Zoning Enforcement Officer appeared at the hearing, stating that he believed that a modification of the original approval would be necessary, but that he had no obj ection to the granting of relief for such modification. 5. As presented by the applicants' representative, the only change in footprint between the original HOC approval and the later HOC approval under which the work was performed, consists of the overhang to the south of the garage. This overhang is, at its closest point, about 7.3 feet from the westerly side lot line; as noted in the original ZBA decision, minimum side yard setback for this undersized lot of record is 10 feet. The closest point of the dwelling to this lot line, as shown upon the Exhibit A plan, is about 3.6 feet. All other changes are within the existing and approved footprint. 6. Counsel to the property owner directly to the south of locus, separated from locus by a Way, 33 feet wide, as shown upon the Exhibit A plan, alleged that an agreement existed between the applicant and her client as to certain matters and that this agreement was being breached by the applicants. She asked that certain conditions be imposed to conform to this alleged agreement. Specifically, she asked that the applicants be restricted from parking vehicles within the 33' way; that screening be placed to obstruct the view from her client's property of the applicants' house and specifically of the garage facing her client's property; and that lighting be placed so as to shine downward and not toward her client's property. 0: \ZBA\ZBA Decisions\ZBA DEe 090-08 Tulloch.doc 2 7. As to parking within the 33' way, the Board members did not consider that this matter, centered upon existing property rights, was within their purview. It was noted that the existing vegetation will provide adequate screening, particularly as existing plantings mature. As to lighting, the applicants volunteered the condition that they will comply with the lighting requirements of the Zoning By-law, as set forth in ~139-19.F. The applicant's representative noted that a reason for the overhang was the elimination of a previously-existing light above the garage door facing the neighbor's property and its replacement within the overhang by recessed, downward-facing lighting within the soffits. 8. Upon the facts presented, the Board of Appeals, by unanimous vote of the members sitting, made the finding that the proposed modification of the Special Permit issued in Case No. 050-07 to conform it to the changes approved by the HDC in Certificate of Appropriateness No. 52668 and as shown upon the Exhibit A plan would not be substantially more detrimental to the neighborhood than the pre-existing nonconformi ties upon locus, and accordingly, by the same unanimous action, voted to modify the Special Permit in Case No. 050-07 to provide that the work will be done in substantial conformity to the plans approved by the HDC in Certificate of Appropriateness No. 52668, and thus that the work that has been performed is in accordance with the provisions of the Special Permit issued in Case No. 050-07, as modified hereby; subj ect to the condition that the locus will comply with the lighting requirements of the Zoning By-law, as set forth in ~139-19.F. 9. Except as expressly so modified, the provisions and conditions set forth in the decision in Case No. 050-07 shall be and remain in full force and effect. SIGNATURE PAGE TO FOLLOW 0: \ZBA\ZBA Decisions\ZBA DEe 090-08 Tulloch.doc 3 Dated: ~llttll Z- , 2009 Burr T13-pP. r 'l1 :' /. / 11,.1 il IN~ Mark' Poor COMMONWEALTH OF MASSACHUSETTS Nantucket, SS. On this It. qay of j{,J , 2-10" before me, the undersigned Notary Public, personally appea~ IiJ 1,,~ - , 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. rtr~ l~ ,~ Nornry PU~~. ~ My commission expires: '1.fI1( tJ t't O:\ZBA\ZBA Decisions\ZBA DEe 090-08 Tulloch.doc 4 ~ I A L-)( ~\ ,.Jd CJ/~ 1t..~1' l-lflrt-8 1u? (' ;JflrJ L.or Y S1.7.Z8Z Sr:!: WAY 1~f,3Y' (SS' wl-<''') tI '" ...... ~ ~ i 0 ~ " , " ~ ,.' .... ~ ~ \ ~ '~ 'a \- ~ ~ ~ 'I " ~ /3U/L.o/N~ .c: oCA77oAl ;pc/1/Y :-- ..co...-'\: 'IH'=3~' XlIl~1lo 07-O<,/c." WELLER. * AS50CIATE5 1'45 rALMQUTM W.. 5UtTe: 4C - ".0. eQ)( 4/7 Cl.'NrUVUL. MA02b32 Z WlNDYWAY, 1232 NANTlJCI;.fT, ",,",0255-1 Tel.: (5Oe1775-0735 - rM: ('SOC) 775-0754 fM....l.: tr>_dIvGc;ooooc:ut.nd PROfESSIONAl ENGINEERS f lAND 5URvE'r0R5