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Home My WebLink About072-00TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September 18 ~ 20 00 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.:_ 072-00 Owner/Applicant: WALTER J. GLOWACKI & SONS, INC., ET AL Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. Q~ Q D. leil P rent, Vi e- Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 42.2.3, Parcel 35 Plan Book 24, Page 33 53 Washington Street Deed, Book 288, Page 230 Residential-Commercial DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, September 8, 2000, at 1:00 P.M., in the Conference Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of WALTER J. GLOWACKI & SONS, INC., WALTER J. GLOWACKI, DAVID D. GLOWACKI, GREG W. GLOWACKI and KIM GLOWACKI, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 072-00: 2. The applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law §139-33.A (alteration or expansion of a pre-existing, nonconforming structure or use) to validate the demolition and reconstruction of the primary single-family dwelling upon the subject property (the "Locus") without change in its prior dimensions, including side yard setback intrusion. In the alternative, the applicants seek relief by VARIANCE from the provisions of Zoning By-law §139-16A, to authorize reconstruction of the primary dwelling with side yard setback of about 4.3 feet from the northwesterly side lot line, being the location of the present foundation, with minimum side yard setback in this zoning district being five feet. In addition, the applicants seek relief by SPECIAL PERMIT under Zoning By-law §139-33.E(2)(a), to increase the permitted ground cover to enable reconstruction of the dwelling with ground cover of about 893 square feet, for a total ground cover computed in accordance with the Zoning By-law of about 1,179 square feet, for a ground cover ratio of about 37.80; maximum ground cover ratio in this zoning district for an undersized lot of record is 300, or about 935 square feet, the area of the Locus being about 3,117 square feet. Further, the applicants seek relief by SPECIAL PERMIT under Zoning By-law §139-18.B(2) to reduce the number of required on- site parking spaces from two to one (with an additional space to be provided in a "stacked" manner). The Locus is nonconforming as to lot area, containing about 3,117 square feet in a zoning district which requires minimum lot area of 5,000 square feet; as to side and rear yard setbacks, with the foundation of the principal dwelling under construction being sited about 4.3 feet at its closest point from the northwesterly side yard lot line, with a shed structure being sited about 2.52 feet at its closest point from. the northwesterly side yard lot line, and with a secondary dwelling being sited at about 2.98 feet at its closest point from the southeasterly side yard lot line and about 1.31 feet at its closest point from the rear lot line, with the 1 minimum side and rear yard setback required in this zoning district being five feet; and as to parking, with there being only one conforming parking space provided, with two spaces being required for the two dwellings upon the Locus. The Locus is situated at 53 WASHINGTON STREET, Assessor's Map 42.2.3, Parcel 35, is shown upon plan recorded with Nantucket Deeds in Plan Book 24, Page 33, and is situated in a Residential-Commercial zoning district. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board recommendation was unfavorable. One letter from an abutted, expressing concern about the granting of variance relief, was received by the Board of Appeals, and the Building Commissioner spoke in favor of the granting of relief; no other support nor opposition, apart from the applicants' presentation, was received at the public hearing. 4. As presented by the applicants, the Locus was improved with three buildings: a primary dwelling with ground cover of about 893 square feet, a secondary dwelling with ground cover of about 286 square feet, and a shed with ground cover of about 103 square feet. (The shed is no longer required to be included in the calculation of ground cover, by virtue of the adoption of Article 29 of the 1999 Annual Town Meeting.) Because of the dilapidated condition of the primary dwelling, the applicants determined to proceed with its demolition and replacement with a new dwelling having exactly the same location and dimensions, horizontal and vertical, as the old structure. They proceeded to obtain approval from the Nantucket Historic District Commission ("HDC") and a Determination of Applicability from the Nantucket Conservation Commission that the project would not require the filing of a Notice of Intent under state and local wetlands regulations, and obtained two building permits, each issued by the Nantucket Building Department on April 1, 1999. Permit No. 302-99 authorized the demolition of the old dwelling, and Permit No. 303-99 authorized the construction of the replacement dwelling. The applicants represented at the public hearing that they proceeded in good faith, unaware of any need for zoning relief or any further permits and assuming that the issuance of the building permits confirmed the applicants' authority to proceed with the work. 5. In the autumn of 1999, the applicants proceeded to demolish the old dwelling. In the winter of 1999-2000, they proceeded to install a poured concrete foundation in the exact location, and with the same dimensions, as the old structure. However, when the foundation was inspected by the Building Department on or about March 10, 2000, the issue of need for zoning relief was for the first time raised by the Building Department. On March 28, 2000, the Building Commissioner issued a letter, purporting to revoke Permit No. 303-99 and ordering the immediate cessation of all construction upon the site. This 2 letter also raised various other non-zoning issues, all of which have been addressed by the applicants. This application has been brought in order to address the need for zoning relief as suggested in the March 28 letter. 6. As described in Paragraphs 2 and 4, the old dwelling was nonconforming dimensionally as to side yard setback, with the ground cover upon the lot being in excess of the 30% permitted for an undersized lot of record, and with the stacked parking arrangement resulting in only one valid, conforming parking space although as a practical matter two spaces were provided. The foundation for the new dwelling having been placed identically to the location of the old dwelling, the new dwelling would have exactly the same nonconformities as the old one. The applicants contend that, if they had properly applied to the Board of Appeals for relief to permit their project before undertaking the demolition of the old dwelling, they could have been granted a special permit under Zoning By-law X139-33.A, for the demolition and reconstruction of their existing dwelling, and that the Board of Appeals could consider their present application as one for that same relief. This overlooks the facts that (a) the demolition has now already occurred, and there is now no nonconforming structure to modify, and (b) the Board of Appeals has in other cases taken the position that such demolition and reconstruction cannot be done without a variance. (If the applicants had had this position in mind when planning their project, they might have been able to accomplish it by preserving enough of the original structure so that the project could have been considered an alteration, requiring only special permit relief, not a variance.) Accordingly, the Board of Appeals declined to consider the project, as it involves the side yard setback issue, as a special permit, and determined that any relief to be granted would have to be in the form of a variance. 7. As presented by the applicants, they understandably thought that, having proceeded through the Building Department and secured building permits, they had complied with all legal requirements for their project. They aver that, considering that the dimensions and use of their structure would be unchanged, they did not realize that any zoning relief would be needed. At the same time, the fact that the completed project will be identical in both dimensions and use to the pre-existing, nonconforming conditions upon the site leads inescapably to the conclusion that the granting of the requested relief will have no adverse impact upon :the neighborhood and generally upon the interests protected by the Zoning By-law. 8. With regard to the side yard setback issue affecting the foundation which the applicants have placed upon the Locus (and which identically affected the demolished dwelling), the Board of Appeals made the finding, by UNANIMOUS vote, that, owing to circumstances relating to the topography of the Locus and the structures thereon (consisting of the pre-existing location of the dwelling and the placement of the existing foundation), and 3 especially affecting the Locus and not affecting generally the zoning district in which the Locus is situated, a literal enforcement of the provisions of the Zoning By-law would involve substantial financial hardship to the applicants (in that the removal of a portion of the poured concrete foundation which already exists would be required), and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By-law (for the reasons set forth in Paragraph 7, above). Accordingly, by UNANIMOUS vote, the Board of Appeals voted to GRANT relief by VARIANCE from the side yard setback requirement of five feet to authorize the placement of the_ existing foundation upon the Locus, about 4.3 feet at its closest point from the northwesterly side yard lot line, and the construction of a replacement dwelling thereon, subject to the conditions set forth in Paragraph 11, below. 9. Since the proposed (and pre-existing, prior to demolition) ground cover upon the Locus exceeds the 30o maximum for a pre-existing lot of record with less than 5,000 square feet of lot area, but is less than the 50o ground cover ratio permitted in the Residential-Commercial zoning district in which the Locus is situated, relief to permit the proposed ground cover may be granted by Special Permit under Zoning By-law ~139- 33.B(2)(a), upon a finding that such increase in ground cover shall not be substantially more detrimental to the neighborhood than the existing nonconformity. Based upon the reasons set forth in Paragraph 7, above, the Board of Appeals, by UNANIMOUS vote, made this finding and GRANTED relief by SPECIAL PERMIT under §139-33.E(2)(a), to permit ground cover of the structures upon the Locus to be about 1,179 square feet, for a ground cover ratio of about 37.80, subject to the conditions set forth in Paragraph 11, below. 10. Under By-law X139-18.B(2), relief from parking requirements in the Residential-Commercial zoning district may be given by Special Permit, provided that the Special Permit Granting Authority makes the findings that (a) the granting of the relief is in harmony with the general purposes and intent of the Zoning By-law, and (b) that compliance with the parking requirements contained in X139-18 of the Zoning By-law would (i) be physically impossible for the applicants to provide, (ii) have a significant and adverse effect upon the scenic and historic integrity of the neighborhood, or (iii) be contrary to sound traffic and safety considerations. Based upon the reasons set forth in Paragraph 7, above, and the fact that the provision of more than one conforming parking space upon the Locus would be physically impossible, the Board of Appeals, by UNANIMOUS vote, made these findings and GRANTED relief by SPECIAL PERMIT under §139-18.B(2), to waive one of the two required parking spaces upon the LocL:s, subject to the conditions set forth in Paragraph 11, below. 4 11. The relief hereby granted is subject to the following conditions: a. The structures upon the Locus shall be constructed in substantial conformity with the site plan by John J. Shugrue, Inc., dated July 10, 2000, a reduced copy of which is attached hereto as Exhibit A, and the plans as approved by the HDC in Certificate of Appropriateness No. 30613. b. In addition to the conforming parking space upon the Locus, additional driveway area for stacked parking shall be provided, substantially as shown upon the site plan attached hereto as Exhibit A. ~ ~~~ ~ ~ Dated: September ~, 2000 ~EGE~19E® TOWN CLERK'S OFFICE ~IANTL~CKE?", ~,~A 02554 SEP 1 8 2000 l1ME: - - ,1- -G--------_._--._ agLERK:_ ~=.~.3 : o Edward J. Sanfor F:\WP\GLOWACKI\walter\53 Wash St\ZHA DEC.doc 5 D.~ Neir Parent ~ ~ I~IIBIT A '9~y ,S,~q~T f' ,~ G~, WASHINGTON STREET ~ S39.48'16'E ~, 41,76' ml ~~ o,ssroa 2.s w o~ g ~ ~; o ~ 3 z ~ N W 0 O) in ck C p, (7 ~ U 6d a~ .a' r' • LET 3,117 S.F. ~ ~.JS'. ~~ g 'back HVILDDlG 12 ~ 286 Sf. ~~ ... 2.98' ~ ~ 41.88' .;~ N4q'29'07'W ~. N^TE~ LOT []F RECORD BUILDINGS PREDATE Z^NING, SITE PLAN OF LAND In NANTUCKET, MASS, SCALES 1'=15' DATES JULY" 10, 2000 JOHN J, SHUGRUE INC. 57 OLD SOUTH ROAD NANTUCKET, MA, F^R~ WALTER GLOWACKI 5 0 scale In feet ~~ ~,~,f LOCUS J,~ O,y ~,~• sT ~~~ 5~• P~~ ~v~ i ~` ~~P~ `tiS f`0`tP SS Q```P~ LOCUS MAP SCALE 1" = 400' Z^NING~ RC MINIMUM LOT SIZES 5,000 S.F. MINIMUM FR^NTAGE~ 40 FT FRONT YARD SETBACK~N^NE REAR & SIDE SETBACKS 5 FT GROUND C^VER RATI^~ 50% APPR^VED~ NANTUCKET BOARD of APPEALS DATE FILE NUMBER ASSESS^RS MAP 42.2,3 PARCEL N^, 35 #3466 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the Nantucket Zoning Board of Appeals will be held at 1:00 P.M., FRIDAY, SEPTEMBER 8, 2000, in the Conference Room, Town Annez Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: WALTER J. GLOWACKI & SONS; WALTER J. GLOWACKI; DAVID D. GLOWACKI; GREG W. GLOWACKI; AND KIN GLOWACKI BOARD OF APPEALS FILE NO. (072-00) Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139- 33A (alteration expansion of apre-existing nonconforming structure/use) to validate the demolition and reconstruction of the primary single-family dwelling without change in its prior dimensions, including side yard setback intrusion. In the alternative, Applicants are seeking relief by VARIANCE under Nantucket Zoning Bylaw Section 139-16A to authorize reconstruction of the primary dwelling with a side yard setback of about 4.3 feet from the northwesterly lot line, being the location of the present foundation in a district that requires a minimum side yard setback of five (5) feet. In addition, Applicants are seeking relief by SPECIAL PERMIT under Bylaw Section 139-33E(2xa), to increase the permitted ground cover ratio to about 37.8% (about 1,179 square feet) in a district that allows a maximum ground cover ratio of 30% for undersized lots; and under Section 139-18B(2) to reduce the number of required on site parking spaces from two (2) to one (1) (with the additional space to be provided in a stacked manner). The Locus is nonconforming as to lot size with the Lot containing about 3,117 square feet of area in a district that requires a minimum lot size of 5,000 square feet; as to side and rear yard setbacks with the principal structure's foundation being sited at about 4.3 feet at its closest point from the northwesterly side yard lot line; with the shed structure being sited at about 2.52 feet at its closest point from the same lot line; and with the secondary dwelling being sited at about 2.98 feet at its closest point from the southeasterly side yard lot line and about 1.31 feet at its closest point from the rear yard lot line in a district that requires a minimum side and rear yard setback distance of five (5) feet; and as to parking with there being only one (1) parking space provided on site with two (2) being required. The Premises is located at 53 WASHINGTON STREET, Assessor's Map 42.2.3, Parce135, Plan Book, Page 33. The property is zoned Residential-Comnier ial. ~ Michael J. O'Mara, Cha' n THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR FURTHER ASSISTANCE, PLEASE CALL THE OFFICE AT (508) 228-7215. BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 APPLICATION FOR RELIEF August 2, 2000 ~~ D~a^/tie CASE No.(. jt'G~ Owner's name(s): Walter J. Glowacki & Sons, Inc; Walter J. Glowacki; David D. Glowacki; Gre W. Glowacki• and Kim Glowacki Mailing address: c/o Reade, Gullicksen, Hanlev & Gifford Applicant's name: Same Mailing address: Post Office Box 2669, Nantucket, Massachusetts 02589 Location of lot: Assessor's map and parcel number 42.2.3-35 Street address: 53 Washington Street Registry T""nurm-cz Plan, Plan Bk & Pg ^'-- ~"'- 24-33 Lot Date lot acquired: 11/15/87 Deed Ref 288/236 Zoning district R-C Uses on lot - commercial: None x or MCD? _ - number of: dwellings 2 duplex _ apartments _ rental rooms _ Building date(s): all pre-8/72? x or C of 0? _ Building Permit appl'n Nos. 303-99 Case Nos. all BoA applications, lawsuits: State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA'to make each finding per Section 139-32A x if Variance, 139-30A x if a Special Permit (and 139-33A x if to alter or extend a nonconforming use). If appeal per 139-31A & B _, attach decision or orders appealed. OK to attach addendumz See attached Addendum. Items enclosed as part of this Application: orderlx addendum2 x Locus map x Site plan x showing present _ + planned x structures Floor plans present _ proposed _ elevations _ (HDC approved? _) Listing lot area x frontage x setbacks x GCR x parking data x Assessor-certified addressee list 9 sets x mailing labels 2 sets x $200 fee payable to Town of Nantucket x proof3 'cap' covenant _ I(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perj y. SIGNATURE: Applicant _ Attorney/agent x 3(If not owner or owner's attorney, enclose proof of authority) Application copies recd: 9 One copy filed with Town C1 ? One copy each to Planning B $200 fee check given Hearing notice posted / ~,\ Hearing(s) on _/_/_ cony Decision due by _/_/_ mad j j See related cases F:\WP\GLGWACXI\va lCe r\53 Wash SC\2HA APP.000 FOR ~oA OFFICE U5E ,L,L/ or oA on / by erk on ~ ~~ by complete d and Buildin De / by surer on y aive ~' ~"`~ mailed / & M d to _/_/_, _/_/ withd a~? _ e _/ / filed TC _/ /_ mailed lawsuits other RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 AUG 2 5 2000 TIMSE~: I. 3(J pM CLERK: 1_ ADDENDUM TO APPLICATION OF WALTER J. GLOWACKI & SONS., INC., ET AL The applicant requests issuance of a Special Permit under Nantucket Zoning By-law §§139-33.A, 139-33.E(2)(a), and 139- 18.B(2), and in the alternative a Variance from the Intensity Regulations in §139-16.A, in connection with the demolition and reconstruction of a pre-existing, nonconforming single-family dwelling upon the locus. The locus is nonconforming as to lot area, containing about 3,117 square feet in a district where the minimum is 5,000 square feet. As of April 1, 1999, the locus contained three buildings: a primary dwelling with ground cover of 893 square feet, a secondary dwelling with ground cover of 286 square feet, and a shed with ground cover of 103 square feet(no longer to be included in the ground cover computation, pursuant to Article 29 of the 1999 Annual Town Meeting), for total ground cover of 1,179 square feet, or about 37.80; a maximum of 300, or about 935 square feet in the case of the locus, is permitted for an undersized lot of record. The primary dwelling was also nonconforming as to side yard setback, having northwesterly side yard setback of about 4.3 feet at the closest point; a minimum of five feet is required in this zoning district. The secondary dwelling is nonconforming as to side and rear yard setback, having southwesterly rear yard setback of about 1.3 feet at the closest point and southeasterly side yard setback of about 2.9 feet at the closest point. The shed is nonconforming as to northwesterly side yard setback, having northwesterly side yard setback of about 2.5 feet at the closest point. The locus was also nonconforming as to parking, having one legal parking space (with provision also of an additional but nonconforming, "stacked" parking space). The applicant obtained Building Permit No. 302-99 for the demolition of the primary dwelling, and Building Permit No. 303-99 for the reconstruction of the primary dwelling in the same location and with the same dimensions as the old structure, both dated April 1, 1999. After the applicant had demolished the old structure and constructed the new foundation, the Building Commissioner revoked Building Permit No. 303-99 on March 28, 2000, citing zoni-~.g issues among the reasons for the revocation. Accordingly, the applicant seeks relief_ as follows: _ ?~ Special. Permit ~~.der 5i 39-3~ .A, for the alterat-c-- (by reconstruction and cmoiitionj of the pre-existing, nonconforming primary dwelling upon the locus, without change in its prior dimensions, including the side yard setback. 2. In the alternative, a Variance from the side yard setback regtairement under §=~9-16.A, to authorize reconstruction -, -_ . - ~ _. "' ^ r \' '~ /~ ~...:. ~' ~ ... %Y r~ ~ 7 ~, _. ~ a c F? r 1-' ~ !- V /~ r a .~~ / ~ ] t .. G _ r F~ C '_ 1 from the northwesterly lot line, being the location of the present foundation upon the locus. 3. A Special Permit under X139-33.E(2){a), to increase the permitted ground cover ratio upon the locus to-about 37.8 (about 1,179 square feet, with the shed excluded). 4. A Special Permit under X139-18.B(2), reducing the number of required legal parking spaces upon the locus from two to one {with an additional nonconforming space to be provided by "stacking"). F:\WP\GLOWACKI\walter\53 Wash St\ZBA ADD.doc 2 ;~ ~ . ~jj 3 I u32 .. T ~j I ~ a Y •2 32-N 9 ,3 syi Ic yC I ~ 3~ Oy 11 a 37 • Ss Ss Ia I ~ 12.32- 2t i ~~ ~ a I ~'~ ~ ~P~ ; 5 µ 32 w ' u ~~ oF4 Ia \ ~Y~~y ~. ~~ ~ ' \ 4i It ~~~ F 31 ~D 9 Is F k ~ . F~ I - P~~ 10MN OT NANTUCKET ~~ 19 I ~ 30 ~3 TOM'N lEACN 11 :: 1 ~ ~~~ I ~~ ^O.~ -~,O.B ~ N ~P~ '1 20 2s 5 ~z 13 ~..In ~ f i ~ IMNTUCKE7 I r 21 GO 21 z• P p .(' ~~ ze Gig NnNTUCKe 2i 8 p G'O~ ~~'P Q.P~ NarRUaE f F / I - `~ ss l ~-~ ~ M i ».LS-1 FFj, r w I ss Ls-z ss i.+- d $ REVISIONS IfGEND ~ DALE oARGE1 DIE VwRCEI O~iE i~kCEl ~~1 ~ 1 E' ~~1( ) ///-A~~~ 1 ` ~~ ~ mT ~~t Y~ INFORMATION $HOwN HEREON wA$ I I I I- 1 1 1,-- ~1 eocr~s~a,iar. COMPIlEO FROM AERIAL PHOTOGRAPHS, DEEDS. AND PLANS OF 2KORD AND IS NOT TO BE - ~ ~ ; ~_ CONSTRUED AS HAVING SUFFICIENT ACCUR- ACY FOP. CONVEYANCE. io s o r-~--~~ - Z. ~ n n n BUILDING AND CODE ENFORCEMENT DEPT. TOWN BUILDING ANNEX 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Telephone 508-228-7222 Tele Fax 508-228-7249 John H. Dunn Building Commissioner March 28, 2000 Walter Glowacki PO Box N Nantucket, MA 02554 Dear ~^,r. Glowacki, Your permit #303-99 to build a dwelling located at 53 Washington St (42.2.3-35) has been reviewed pursuant to §139 of the Code of Nantucket and 780 CMR the Massachusetts State Building Code and is for the following reasons revoked. All construction is hereby ordered to cease and desist immediately. The requested footing inspection on Friday March 10, 2000 did not meet the requirements of 780 CMR 3604.3.1 note #5due to the soil conditions and was not "signed off'. As a result of the site inspection the file for the above permit was reviewed. The following information has not been provided or has been found to be misrepresented on the plans and documentation presented to this office; • The zoning compliance section of the application has not properly completed as required. §139-2B of the Code of Nantucket J The property is within 100' feet of land subject to tidal action. Approval by the Conservation Commission has not been provided. X139-26C(3) of the Code of Nantucket The building is over the permissible ground cover allowed for a lot with less than 5000 square feet. X139-33{E)(2){a) of the Code of Nantucket ~= A sewer entry permit from the DPI.,, X139-26C(2)(b) of the Code of ,,_n~, , .~,~„ ,~cr;e~ The property is located within the Flood-hazard zone (A Zone) 780 CMR 3107.5 the Massachusetts State Building Code • The foundation plan submitted is not "...prepared ~y a qualified registered nrofes~~ional engineer or architec~._ " 780 Ctv1R 3iC7 5 the Massachus~~a Deny 2000\4223-35~gtowacki ~• The foundation plan submitted does not show the proper elevation above the flood level. 780 CMR 3107.5.1 the Massachusetts State Building Code ~• The foundation plan submitted shows an enclosure below the flood level. 780 CMR 3107.5.3 the Massachusetts State Building Code • The Plumbing and Electrical permits for the disconnection of utilities for Building permit #302-99 are required to be "signed off' by the inspectors and the permit card returned to this office. 780 CMR 112.1 the Massachusetts State Building Code You were informed of the above sited violations at a site meeting Monday March, 27 2000. Due the amount of missing information and the time constraints of this office a complete code review has not taken place, there maybe other code violations not cited. Please review all applicable codes thoroughly prior to any re-submission. Please be advised that you may appeal this decision of the Building Commissioner to the Zoning Board of Appeals pursuant to §139-31 of the Code of Nantucket and/or to the Board of Building Regulations and Standards pursuant to 780 CMR 122. If you require any additional information please contact my office. Sincerely, i e i~~ ~ ~~,-''tom-`~ John H Dunn Building Commissioner Deny 2000\4223-35~glowacki 7 "J ~ Z V ~i ~ W ~~ ~~ ~~ NZ as W O~ = Q J ' Q w z oO O~ U ~~ O ~J z w :? f~- ri~ Q ~. 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MINIMUM FRUNTAGE~ 40 FT r FRUNT YARD SETBACK~NUNE ~ RGR^UND SCUVERE RATIU~ 50%T N 0 O)~ N 0.6sronck ~ U Ld d 0- a~ 4.3' LOT ~ ' z.'sz~ 3,117 S.F. a 3.35' . ~N 9~ 0.88rouck ~ ~ ' BUILDING It2 286 S.F. 2.b2' ... ?:98'. ~ '• •~,/ 41.88' ~ '` ~' .,~ N44'29'07 . . ~, N~TE~ LOT ^F RECORD BUILDINGS PREDATE ZONING, SITE PLAN OF LAND in NANTUCKET, MASS. SCALES 1'=15' DATES JULY 10, 2000 JOHN J. SHUGRUE INC. 57 OLD SOUTH READ NANTUCKET, MA. FURS WALTER GLUWACKI ~~P~,~cNaFMass~cti o~' JOHN GJ, o J. ~ 15 0 ~ SHUGRUE ~ No 23 0 q Pc~O ~C'' scale in feet ~a ASSESSORS MAP 42.2.3 PARCEL ND. 35 APPROVEDS NANTUCKET BOARD of APPEALS DATE' FILE NUMBERS #3466BOA' fir, w S39'48'16'E ''': 41.76' 60gRo oc~~~~ F~SSF O TOWN OF NANTUCKET SUN O ~ 240 RS ZONING BOARD OF APPEALS ~ - NgN~O~N OF TUCK~T Mq LIST OF PARTIES IN INTEREST IN MATT F THE PETITION OF ~, '~ JJ ~ _ PROPERTY OWNER:...........w~ ' ~-'~ ~ Gu~G C t_.t ..................................................................... MAILING ADDRESS :...................................1.......1.............~...................... 3 1G S tom, n, ~ ................................ . PROPERTY LOCATION:.........~ ................ ............... ASSESSORS MAP/PARCEL:.........~.a..~~...'~?..)-...~..~ ................................ . SUBMITTED BY:.........~. ~'i~~ .............~:1.J.!.~.J1.~.rr1J~.......................... C/ SEE ATTACHED PAGES 1 certif}' that the foregoing is a list of persons who are owners of abutting propem~, o«ners of land directly opposite on any public or private street or ~vay; and abutters of the abutters and all other land o~~-ners within three hundred feet of the propert}' line of o«~ner's property, all as they appear on the most recent applicable tax list. (M.G.L. c. 40A, Section 1 1 Zoning Code Chapter 139. Section 139-29D (2) ). D.aTE ASSESSOR'S OFFICE TOWN OF N.Ai~'TliCKI/T i 06 /12/00 TOWN OF NANTUCKET 11 :01:07 OWNER'S MAILING ADDRESS LIST :4ap Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip P roperty Location 4223 0002 *NANTUCKET TOWN OF 0016 BROAD ST 0034 WASHINGTON ST NANTUCKET MA 02554 4223 0003 NANTUCKET TOWN OF 16 BROAD ST 0036 WASHINGTON ST NANTUCKET MA 02554 4223 0004 NANTUCKET TOWN OF 16 BROAD STREET 0038 WASHINGTON ST NANTUCKET MA 02554 4223 0005 NANTUCKET TOWN OF 16 BROAD STREET 0040 WASHINGTON ST NANTUCKET MA 02554 4223 0006 NANTUCKET TOWN OF 16 BROAD STREET 0042 WASHINGTON ST NANTUCKET MA 02554 4223 0007 GLOWACKI WALTER J & ANNE PO BOX 28 0044 WASHINGTON ST NANTUCKET MA 02554 4223 0009 SANGUINETTI LUCILLE 0020 LIBERTY ST 0054 WASHINGTON ST NANTUCKET MA 02554 4223 0011 HERON JOANNE PO BOX 2200 0056 WASHINGTON ST NANTUCKET MA 02584 4223 0038 *HOLDGATE ALMA A BOX 146 0060 WASHINGTON ST NANTUCKET MA 02554 4223 0014 WOLFE RICHARD C PO BOX 778 0066 WASHINGTON ST NANTUCKET MA 02554 4223 0015 WEBB VICTORIA Y TR PO BOX 778 0068 WASHINGTON ST PIONEERS NOMINEE TRUST NANTUCKET MA 02554 4223 0016 CHRISTMAN GAIL PO BOX 1447 0070 WASHINGTON ST NANTUCKET MA 02554 4223 0041 NISDA INC PO BOX 1848 0071 WASHINGTON ST NANTUCKET MA 02554 4223 0039 PIETROWSKI MARION E 401 SOUTH AVE 0003 MEADER ST NEW CANAAN CT 06840 4223 0040 PiETROWSKI MARION E 41 SOUTH AVE 0005 MEADER ST NEW CANAAN CT 06840 4223 0037 *HOLDGATE ALMA A BOX 146 0057 WASHINGTON ST NANTUCKET MA 02554 4223 0031 KUEHN ALFRED L 2171 COMMONWEALTH AVE 0004 FAYETTE ST NEWTON MA 02466 4223 0036 HARLOW DORIS E 0127 LI VINGSTON CI P. 0055 WASHINGTON ST NE°Dr'AM MA 02492 42'3 0033 AMICK ROBERT A ETAL 22 WALKER TEP.RACE 0001 FAYETTE ST .-._~::.:TA GA ~E~09 4223 00331 CHAMBERS MA P,Y C 1001 '_.r.=_ DP.I VE =_PT 401 0003 FAYETTE ST .~ :..~i MP_ C2_-1-1524 +__., 0032 NANTUCKET TOWN OF 16 EHC=.D ._F.FBT 0005 FAYETTE ST _.___.-_CP_ET MA :554 --- 0034 GLO WP_C K: GiA LTER J ETAL PO =.. _. _-__ 00'9 WASHINGTON G_ ..-., ~___„_ ...: =_554 4~~3 0045 CH P.ISTMAN GAIL PO ECX 1447 0015 MEADER ST i1A tIT JC K.ET MF. 02554 4223 0030 GP.E ENBERG JEFFREY J & LISA 35 WEST LP. `dD RD 0006 FAYETTE ST WE_TO;J MA 02z.= 4.._~ 0044 LEGG BRIAN W & SUZANNE L 001" _'~~= 1N 0021 MEADER ST ,.._. ,, ,. __ ,..~ 7. -. -...-_.__`_ .__ _-554 ~ - _--- .. .~ _.. __ .. . NAI: 'JCKET MA 02554 _ _.. _~:N ~i PAGE 1 MUA5750 9.3 1 , i 06/12/00 TOWN OF NANTUCKET i1 :01:07 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City Sta te Zip 4223 0028 LEGG LUCILLE PO BOX 464 NANTUCKET MA 02554 4223 0043 DICKSON WILLIAM J & FLORENCE 0007 EASTLAKE PL MIDDLETOWN CT 06457 4223 0043 DICKSON WILLIAM J & FLORENCE 0007 EAS T[,AKE PL MIDDLETOWN CT 06457 4232 0084 *NANTUCKET TOWN OF 0016 BROAD ST NANTUCKET MA 02554 4232 0024 NANTUCKET TOWN OF 16 BROAD STREET NANTUCKET MA 02554 4232 0026 *NANTUCKET TOWN OF 0016 BROAD ST NANTUCKET MA 02554 4232 0142 PARKER JULIA W TRUSTEE 253 MEADOWBROOK ROAD JWP NANTUCKET NOMINEE TR UST WESTON MA 02493 4232 0086 COYNE THOMAS A & SUSAN W 91 STEPHEN MATHER RD DARIEN CT 06820 4232 0144 MCCLU RE FREDERICK P & MARGARET 1500 FLEET CNTR PROVIDENCE RI 02903 4232 0087 WILLIAMS GEORGE & MARY V 19 ASSINIPPI AVENUE NORWELL MA 02061 4232 0088 LEECH RICHARD E JR & LAURIE H 0005 HIGHLAND AV BINGHAMTON NY 13905 4232 00891 SALPIETRO NANCY B PO BOX 2558 C/O DARRELL CRATE NEW YORK NY 10163 4232 00892 WEINMAN RHODA H PO BOX 1365 NANTUCKET MA 02554 4232 00893 ROBZNSON JANET LYNN 164 E 72ND ST APT 11A NEW YORK NY 10021 4232 00894 CRATE DARRELL W PO BOX 6235 C\O TEMPLE-INLAND MORTGAGE CO. BOSTON MA 02114 4232 0028 LEWIS RICHARD E PO BOX 301 NANTUCKET MA 02554 _-4232 ---.~IlE21_ _RAVANIKE-R8Ad,3-Y-GROUP 0030---BERifSNI-RE~Q----- -- C/O ZISSI BARBARA WINCHESTER MA 01690 _--42.32- ----~----00 P.23 BARRETT PETER J & CLA RA H 0010 MARTINS LN - . ~ _ ._ ~ ~, ~ 1 -H INGHAM _ _ _ MA 02D43 ~ / , . _ ~ v ~ ~ ~ N UMBEP. OF KECOE3~ = ~ 4 c' ~ . ~ ~ - y PAGE 2 MUA5750 9.3 Property Location 0046 UNION ST 0001 FRANCIS ST 0001 FRANCIS ST 0037 WASHINGTON ST 0035 WASHINGTON ST 033E WASHINGTON ST 033R WASHINGTON ST 0034 UNION ST 0036 UNION ST 036- UNION ST 0038 UNION ST 040A UNION ST 040C UNION ST 040D UNION ST 040E UNION ST 0042 UNION ST 0033 WASHINGTON ST 0031 WASHINGTON ST /.