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HomeMy WebLinkAbout021-10 Kent Murphy Inc.NAN'1'U(;K.N:'1' GUNliV(~ tiUAKU Ur' AYY1:ALa ` . 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 FEE: 5300.00 CASE NO. D L - ~ D APPLICATION FOR RELIEF Owner's name(s): USBC Bank/Bank USA Mailing address: c% Kent F. Murahv Ina, Kent J. Mnrphv Presisdent Applicant's name(s): Same Mailing address: Post Office Boz 477. Nantucket. Massachusetts``02584 Locus address: 3 Cliff Road Assessor's Map/Parcel: 42.44 -20 Record for Lot: Plan File 2006-68 Lot No.: 87 ~ . o ~ Date lot acquired: 9/19/06 Deed: 1040 - 309 Zoning District: R-1 Q ~ ~ :~:._~ Uses on Lot -Residential: One single family dwelling. to be owner occuuied. r ~ ~ _ r - ,J n'1 Building Date(s): All pre-date 7/72? ~s C of O(s)? na ure-eaisiting ~-- c ~ '-~' ~* ~ ~, ~"~ • Building. Permit Nos: 31-07 ,_. o s 1 Previous Zoning Board Application Nos.: 067-07 SPECIAL PERMIT State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any ezisting nonconformities: See attached addendum. I certify that the information contained here' ~s substantially complete and true to the best of my knowled a under the - s g ~ P~ pena~tl~ p~Y'• SIGNATURE: f`' ~'" " " ~ Applicant Attorney/Agent z (If not owner or o er's rney, a lose proof of a ency to bring this matter before the Board) FOR ZBA OFFICE USE 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: I / 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notice posted with Town Clerk: / / Mailed: / / I&M: / / & / / Hearing(s) held on: / / Opened on: / / Continued to: / / Withdrawn?: / / DECISION DUE BY: / / Made: / / -Filed w/Town Clerk: / / Mailed: / / DECISION APPEALED?: / / SUPERIOR COURT: LAND COURT Form 4/03/03 ADDENDUM TO APPLICATION OF MURPHY FOR~3 CLIFF ROAD. History: The property is under agreement and scheduled for closing March 26, 2010. The property is 5181.6 +/- SF.in.a district with a minimum lot size of 5,000 SF,, and has 29.8$ +/= ground covex.in a district where 30~ ground cover is allowed. The property contains a 1,295.7 +/- SF single family dwelling that is 31 feet high in a district where 30 feet is allowed. The Southeast and Southwest sides of the house (the front and left side viewed from Cliff Road) are within the 10 foot front setback and 5 foot side yard setback, as shown on the attached survey. The house was built about 1800 and moved from Madaket or Sherburne in 1832. There is also an 85.5 +/- SF shed that is within the 5 foot side yard setback. The shed dates back to the. early 1900s. There is no existing zoning relief for the property, but both the house and shed are grandfathered as structures existing prior to the enactment of the Nantucket Zoning Bylaw in 1972. A corner of the shed is also about 1.2 feet over the Northern lot line, with the permission of that abutter. Action Proposed: The owners, with the approval of the Historic District Commission, propose to raise the house to add a basement, including below grade window wells, and to enclose about 28 +/- SF of "negative space" currently created by an exterior staircase under a second floor overhang. Relief Requested: That the Hpecal Fermit 067-07 issued and r-eaorded is August of 2007 which has expired be reinstated or granted in it original form with no changes or as seams fit by the board. Previous request; The applicant requests a Special Permit be granted under Nantucket Zoning By-law §139-33 to the extent necessary, to install a basement under that portion of the existing that is pre-existing nonconforming, including below grade window wells extending beyond the current foot print on the front, and also to enclose an existing pre-existing nonconforming exterior staircase as interior living space, as shown on the plan and photographs attached. The front and left sides of the house are within the 10 foot front setback and 5 foot side setback, with the front porch and stairs extending to the front lot line and the side wall and exterior stairs extending as close as 0.6 +/- feet to lot line. These changes to the structure pose no detrimental effect, as such pre-existing encroachments are common in the downtown area of Nantucket and the applicant is ' not' seeking to increase the above grade encroachment into the ' setback or change the finished height of 31~ feet. Further, because the basement is within the current~footpri~nt, the window wells are below grade, and the exterior stairs:a~re already under a second story overhang, none of the proposed changes would increase the ground cover of the structure under the-. Nantucket Zoning By-law. The locus and the buildings thereon are otherwise in conformity with all other zoning requirements. No work is planned for the grandfathered shed and the rear addition and porch are not in the setback and do not require relief. ., ~~ Nd7E:. PROP©SED LOT COVERAGE FS 29.E196 (1544.7 S.F.) . U ~~ ~ ~ •. o~ ~ I .EXISTIAtG ... ~ . d ~ ~ . ~~~ ~ .. 'fit ~ : ~ ~ / ~ - z ~ ~PROP'OSED . ~ ~ ` % !COT AREA: ~ Q g PORCH ~~° 5 181 .6 S.F\ ~ L ~ PROPOSED PROPOSED ;s ~~ WINDOW WELLS ~S/' ~~~ ADDITION ::•.••;:,::. U (TYPICAL) J ~ i ~~-~i~~22 I S.F. :~:: '~ f:,•' ~'~:::'',':;• ~i Fes- O~ ' i •~,,,~~~ :; :~ ~ :::; f .;`::• ~ x~•:•• :.. .:.•:'•'••. ~ : r: ~:::::: °:•: s°••::•:::::• Q ~ ~ ~' r ~ ~~.~~:••,••• '.•'f~f:sr=~' PARK-NG AREA Q ~ _ ~,. ......f.~".'~:~~ ~/..~~'.~~~, ....~_ _ ~'~ ((2) VEHICLES) ~ < ,~ ,~, C~/,c. ~, O,4 FRONT STEPS ENCROACH - 9.T INTO FRONT SETBACK .._.t - ~ `r. ~ s? ~ 25.7' -:Z's, y ~P \,~ ~ EXISTING DWELLING -- 1323.7 S.F. (INCLUDES ~?~~O 2ND FLOOR OVERHANG) O ~~ ~-- PROPOSED ADDITION (FILL IN UNDER 2ND FLOOR OVERHANG) -r 5.8 ~ (ENCROACHES 4.6' INTO SIDE YARD SETBACK) DIMENSIONAL REQUIREMENTS ZONING CLASSIFICATION: R- I (R,EQ'D) (EXISTING) MINIMUM LOT SIZE: 5000 SF (5 18I .6 S.F.) MINIMUM FRONTAGE: 50' (59.00') MINIMUM FRONT YARD: i O' (0.3') MINIMUM SIDE +~ REAR YARD: 5' (0.6') MAXIMUM GROUND COVERAG E: 30% (29.8%) SITE PLAN OF LAN D FOR 3 CLIFF ROAD NANTUCKET, MA PREPARED FOR !CENT J. ~ LINDA J. MURPt1Y LE: . DATE: DRAWN BY: I " = 20' 07-02-2007 TMW J08 NUMBER: 06-0 12 REVISION: 07- I I -2007 sneEr NUMBER: CPP- I U1/ELLER ~ A~SOCIAT~S ) 645 FALMOUTH RD., SUITE 4C -- #'.O.60X 4 17 CENTERVILLE, MA 02632 2 WINDY WAY, #232 NANTUCKET', MA 02554 TEL.: (508) 775-0735 -- FAX: (508) 775-0'754 EMAIL: triswellert~comcast.net flROFE5510NAL ENGtNEERS +~ LAND SURVEYORS i own ~oi ivanna:cxe>r w eo pia - rrintaule Map Props ID 42.4.4 20 Address 3 CLIFF RD rDwner CLIFF ROAD CORPORATION NOT A LEGAL DOCUMENT C/O MURPHY KENT J & ~ 'LINDA J For general reference only: Important 18 AMELIA DR caveats which must be considered when NANTUCKET, MA 2554 using thls data are available from the Ba1~Date 12/10/1986 Nantucket GIS Coordinator. Sale'Price $0 Disclaimer The infornatlon displayed on this or any other map produced by The Town of ~Boo~t,/Page 00363/ 212 Nantucket is for reference purposes only. The : -a Lot 5iie 0.12 .acres Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for Town of Nantucket, Mass l determining the suitability for Individual needs. All lnformatlon Is from tfie Town of Nantucket ? ~ An~nranhir Tnfnrmahinn CVG~OT ff:TEl ~iatahaeo ~ Map Composed ~ttp://host. appgeo: com/nantucketma/PrintableMap. aspx?Preserve=Width&MapWidth=864... 6/27/2007 • ~ '00.9 ' 60E 3 ------ -~- ~, ~e~ i~ poi X' .. - `'e1 ,a ~ . r . .. ... ~. ~ ~.. .~ . ~ ~ ,. \ « 6~ • ; `~ ~ ~` c ~ . 3 (~P I jO w 3NOZ QNYISI W31SaS 31YWIOil00~ 5113Sf1HrrSSVw P'~ ~ . ~ H1aoN also OHO N ~ ~ t ~' ~ R • ~` ~ a w ~ ~;~/ J ~ ~ ~nw Z W W ~~ V,Py n ~ 1 a ~ N M f J 4 ~ 2 C~'y '~ ~ 6~ ~~ ='s ~ N {~'~ ~ '~ i ,~ _ 3 W = _ °~ . ~s~a ~ W 2,~ ° a ~~° _ x ~ u- ~ "~n~o ~ ~ ~ ~ S „. r ~` « ~ ^ 1 ~ ~ • / _is ~ * ~ 3 W ~~ 'f "~ ~~ ~ ~ y s< ~ ~ •.~1 r.~ ~ I ~ 1 ~~ ~ ~ I ~ N ~ ~ J ^ ~ 'J_ ~ i ~ ^ a i .., ~ i ~ ~~~-+ 1 $ ~ i ~+ Q`~ 2 ~~ I I ~ ~ e ~• -~ LIST OF PARTIES IN INTEREST IN THE MATTER .OF THE PETITION OF: ~S _ 5' , PROPERTY O~gJlv~~:" ~~Y~~ MAILING AD.DRESS .:.............:..,:.......:..:................................,.:...:.. PROPERTY LOCATION........~~..C?. ~ C,~1 ~" ASSESSORMAP/PARCEL ............:.:........//.''........ SUBMITTED BY. ~~~„~.. 1~'GV ... ..........:............. ~- ............1.' .Z ...... . ~ ~~- ~l l 2 SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of tt~e 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 ~l l and Zoning Code Chapter 40A, Section 139-29B (2)• J-~ ~~ / ~ DATE A SSOR'S OFFIC TOWN OF NANTUCKET ~:. . ~. .. •. ~ w ~.a•a•aa~a~aaaa:aa~r. aara.a~aaa.a~aaa~aaA~a~~~a~.aaaaaa.. ~~ ~ ~ ~ . . ~~R ~~ ~• ~ ~~ .~~ ~~~ N N N a OI ~ O rl Y YI a N N N 'lM. N. N r v O N ~/ ~ .1qD 1x11 Ml r n F ~ 1~ ! ~ ~ II • n ~1 0 N • • f ai ~~ ~ N. N ~ N N .~ ~. O ~ ~ l~ ~1 ~ tl ~~ ~ N ew1 ~ ~. ~ ~ o. 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N ^ p ~ F ~ ~ 3a Pf ~ R p m o~o IU~1 m O~ eNi e1 R ~N•1 N N ~1 W $ m ~R { ~ W Q U O opob O U Y p4 V W ~ ~ ~R7 ~ ryp1 N M O Ua ~ •~ U ~i 5 D W Q ~ y H ~7 P6 a~~ ~~~ y O rrll ~ ~; N m a a O ei .i N ~ N 1I1 Iq v1 10 ~O r r ~ N v+ v e+ v v+ ~ a v v a v+ v ~r N N N N N N N N fh a v a~ v a v s ' 42414243 4243 TD BANK N A ~ FEATHERSTONHAUGIIJAMES D TRS HUNTER QUENTIN B ETAL 370 MAIN STRE$T ~ 99PTNE ST~STE 207 60 PARK AVE WORCES'T'ER, MA 01608. ~ 'ALBANY, N'Y-12207 .MANHASSET, NY 11030 4242. NANTUCKET ISLAND RBSORTS LLC. ONB WELLS AVE NBWTON, MA 02459 4243 . DUPONT WAYNE H. 39 STATE STREET' NEWBUR~,'I'ORT, MA OT950 4243 SIMOIJ BARYON A 8c SHARON H 2762 I~ER.SDALE ROAD I~'EI'PER PACE, OH 44124'. 4242 DOUCETTE:SHARON BENSON 25 N WATER ST NANTUCKET, MA 02554 4242 NANTUCKET ISLAND RESORTS LLC ONE WELLS AVE NEWTON; MA 02459 4242 NANTUCKET ISLAND RESORTS LLC ONE WELLS AVE NEWTON, MA 02459 4243 MOORE WILLIAM M JR 3 WEST CHESTER STREET NANTUCKET, MA 02554 4243 SCRAPPER SH~RLEE-ANN & LAWRENCE TRS 46 TUMBLE BROOK RD WOODBRIDGE, CT-06521 4243 MILLER DENNIS & CHRISTINE O C 1535 28TH ST NW WASHINGTON, DC 20007 4243 KOSEATAC TUGS U 2 CHESTER ST NANTUCKET, MA 02554 4243 MARTIN HOUSE INN LLC GO SOEDER & ASSC LLC. 241 ASYLUM ST STE 900 HARTFORD, CT 06103 4243 4243 NORKIN JEFFREY R & JUDITH E S TRST WESTFALL CAROL A ETAL 9 TORY LANE GO MORGAN SANDRA W ETAL NEWTOWN, CT 06470 177 WESTLAND AVE WEST HARTFORD, CT 06107 4243 CASSIOPEIA ENTERPRISES INC C/O THE CARLISLE. HOUSE 26 N WATER ST NANTUCKET, MA 02554 4243 MONOMOY SHOALS LLC C/O HALSTEDS 656 THROCK MORTON MILL VALLEY, CA 94941 4243 STOKER ALIDA L & RICHARD E 16 CANTERBURY DR GEORGETOVVIV, MA 01833 4243 I,ENCYN ELISABETH M ETAL 46 BROAD BROOK LN STANFORD, CT 06907 4243 FAULKNBR FRANCENE AMARI 43 BEDFORD ROAD CARISLE, MA 01741 4243 4243 BRETSCHNEIDER VIRGINIA LIFE EST SIGNET HOLDINGS LLC BRETSCHNETDER RICHARD TRST GO IvIILLER BRUCE D PO BOX 1433 P O BOX 2306 NANTUCKET, MA 02554 NANTUCKET, MA 02584 4243 4243 ABBOTT COLETTE M WASIL DEBORAH A TRUSTEE 414 EAST CLARK 8 CHESTER ST VERMILLION, SD 57069 NANTUCKET, MA 02354 4243 HANSON LAURA F 1 MOOREHEAD DRIVE I'ENNINGTON, NJ 08534 4243 .HEAP FREDERIC F 8c SHEILA A PO BOX 262 NANTUCKET, MA 02554 4243 DONNEL JUDITH ANN 19 IRMA AVE PORT WASHINGTON, NY 11050 4243 FOSTER GENE G 115 N WESTVIEW DR WINSTON SALEM, NC 27104 4243 HANES ELDRIDGE C & JANE G & FOSTER GENE G I' O BOX 125 PFAFFTOWN, NC 27040 t 4243 GODWIN SARA GO WBLLS FARGO RE SERVICE 1 xoME CAMPUS ~~ MAC X2SO2-011 . DBS MOINBS, IA 5032$ . 4243 WASSBRMAN ANN MgRCIA TR .NANTUCKET HOMB NOM TRUST PO BOX 456 NANTUCKET, MA 02554 4243 GLIDDEN RICHARD J TRST JB7.6 REALTY TRUST 37 CENTER ST NANTUCKET, MA 02554 4244 LITTLE THOMAS D C & BROWN SARA D 80 PLYMOUTH ROAD NEWTON, MA 02461 4244 BUSHBY WILKIE F 93 VALLEYWOOD RD COS COB, CT 06807 4244 ADLER LEE P & ELISABETH T 11 MEETING STREET ROSWELL, GA 30075 4244 LITTLE ELIZABETH D RR 3 37 CONANT RD LINCOLN, MA 01773 4244 ~ .4244 . PORTERFIELD MQ.LER C JR ETAL TRS LTrIZE SARAH• TR SECOND WII~TD NOMINEE TRUST ROSA RUGOSA~ RTY TRUST 5936 OI~D WELL HOUSE ROAD 14 MbNTVALE Rb CIiARLUTTE, NC 28226 WELI:I~SLEY,II~A 02481. 4244 WALTER RALPIi B & SOWERS SANDRA 382 CENTRAL PARK WEST ' APT 19P NEW'YORK, NY 10025 .4244 CENTURY HOUSE REAL ESTATE TRUS PO BbX 603 NANTUCKET, MA 02554 4244 OWEN JEFFREY S & DIANA M 7421 LYNNHURST ST CHEVY CHASE, MD 208,15 4244 BALISCIANO MARCIA L 191 RANDOLPH AVE LONDON . ENGLAND, . 91 DJ 4244 JACKSONVILLE PROPERTIES LLC 10 CUTTERS BLUFF WESTON, MA 02493 4244 KARTTUNENFRANCES 67 N CENTRE ST NANTUCKET, MA 02554 4244 DILLARD DAVID B & ANNA-KARIN C/O LAZARD CO 30 ROCK$FELLER PLZ NEW YORK, NY 10112 4244 BOWMAN BARBARA MAY TRUSTEE PO BOX 628 NANTUCKET, MA 02554 4244 MARCO JOAN M TRST ETAL 19 REVERE LN GLASTONBURY, CT 06033 4244 PAWLOWSKI MARGARET TRUSTEE 8 CLIFF ROAD UNIT # 2 NANTUCKET, MA 02554 4244 LITTLE THOMAS D C & BROWN SARA D 80 PLYMOUTH ROAD NEWTON, MA 02461 4244 CLIFF LODGE INN LLC 9 CLIFF RD NANTUCKET, MA 02554 4244 LITTLE JOHN N & WITTENBERG NANCY S TRUSTEES 58 WOODLAND STREET SHERBORN, MA 01770 4244 DEZALDIJONDO BARBARA O ETAL TRS 13 CLIFF RD NANTUCKET, MA 02554 4244 MATTHEWS ROBERT V GO MATTHBWS VENTURES LLC 250 ROYAL PALM WAY PALM BEACH, FL 33480 3~/7~io I GAIL KNEELAND_, Authorized Agent for HSBC Bank USA, National Association, as trustee of J.P. Morgan Alternative Loan Trust 2006-A7 Name Title Name of Bank/Firm with the proper authority hereby authorize Kent F. Murphy Inc. and their agents or employees to act as my agent before the Town of Nantucket Historic District Commission and/or Zoning Board of Appeals for the purpose of obtaining the proper permits to renovate the property at 3 Cliff Road Nantucket which is currently under agree for purchase by 3 Cliff' Road Nominee 'Trust, tJNA MtJRPHY Trustee. Current owner shall not incur any costs from this action and Kent F. Murphy Inc. shall be responsible for and costs associated with these actions. This authorization shall terminate upon transfer of ownership, termination of the purchase agreement or at will by owner and with written notice (email notice acceptable) to Kent F. Murphy Inc., the "T.BA and the HDC. . Auth ized signature Print name and title ~~~~ icy` 1' ~~ ~ Co~~~ ~ G w~ ~~ t ~,~ o ~ ~~ ' ~ 3 .Z ...-{ ~ ~.. ° r- r ~ ::. ~' 3 .. _._ r ~. N a r ~ «~ ~ .. Q ~~J, ASSET MANAt~EMENT SOLUTI(NIS, tti1C. December ~9, 2009 To Whom It May Conoem: RE: Signing Authority for Sates Contract and r~etated REO Seiler/dosing documents The following individuals are employees Lender Processing Services Asset Management Solutions, Inc. They hold the posttiort of Asset Manger, PortFolio Manager or Cbsing Coordinator and have authority to sign contracxs, addendums and other asset specific documents .related to the disposition of real properly on behalf of LPS Asset Management Solutions, Inc. on behalf of Chase Home Finance, LLC,- Homesales, Inc- Home~sales Inc. of Delaware. Sarah Alex Elisabeth Lembrich Marie Anderson Sue Nelson' Kim Davis Prudence Roche Madelyn Felix Dan Rubio Terri Fisher Pamela Slatkavitz Sherry Grochowski Brook Sueiter Janet Higgins Gregory Swan Jennffer Kasbohm Sherrill Swieciak Gail Kneeland Lori Ushio Alicia Leamon Sincerely, Scott Keeter V'~a Prosiders.- REO Marketing LPS Asset Management Solutions, lnc. LPS Asset Management Scluiions, Inc. . . 10386 Wesbrtroor' Drl+~: ~1001AhsirniraiAer, C0 80021 . Te1720-56+6-8000 Toll Free 1.800.+430.3324 Fa~t.720-566-8999 r ~ .' Rent F. lltnsphy :Ina. P.O. Boa 0477 Nantnoket,lldA OB664 I Name Title r/lVae (8081 i~S.~~7V cu t~1 az6.ai~ F~pc (~} X8.9736 w~rw.Ackbn3ld.com of Name of Bank/Firm with the proper authority hereby authorize Kent F. Murphy Inc. and their agents or employees to act as my agent before the Town of Nantucket Historic District Commission and/or Zoning Board of Appeals for the purpose of obtaining the proper permits to renovate the property at 3 CliffRoad Nantucket which is currently under agreeh*~T for purchase by 3 Cliff Road Nominee Trust, U N ~ rt ~3tPt+~ Trustee. Current owner shall not incur any costs firm this action and Kent F. Murphy Inc. shall be responsible for aed costs associated with these actions. This authorization shall terminate upon transfer of ownership, termination of the purchase agreement or at will by owner and with written notice (email notice acceptable) to Kent F. Murphy Inc., the ZBA and the HDC. Authorized signature Print name and title I V N A M v 1t Q+{Y ~ as trustee of 3 Cliff Road Nominee Trust do hereby authorize :Kent F. Murphy Inc. and their agents or employees to act as my agent before the Town of Nantucket Historic District Commission and/or Zoning Board of Appeals for the purpose of obtaining the proper permits to renovate the property at 3 Cliff Road Nantucket.:~This authorization shall take effect upon legal ownership of 3 Cliff Road by 3 Cliff Road Nominee Trust. This authorization shall terminate at will with written notice (email notice acceptable) to Kent F. Murphy Inc. and the ZBA and HDC. Authorized signature ~avstG~ int name ' l v aw hly Ky ~ S, t 1 ` s. o to ~! ca ;p ci -x.~ ~, °- TOWN OF NANTUCKET , - ~ o BOARD OF APPEALS ~ NANTUCKET, MASSACHUSETTS 02554 W Date: Mav 11, 2010 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 021-10 Owner/Applicant: Kent J. Murphy and Linda J. Murphy 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 TWENT (20 days. n~ 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 42.4.4, Parcel 20 3 Cliff Road Residential-1 DECISION: Plan File 2006-68 Lot 87 Deed Ref. 1040/309 1. At a Public Hearing of the Nantucket Zoning Board of Appeals held at 12:00 P.M., Thursday, April 8, 2010, in the Garage Area, 2 Fairgrounds Road, Nantucket, Massachusetts, on the Application of KENT J. MURPHY AND LINDA J. MURPHY as applicants, USBC Bank/Bank USA as owners, c/o Kent F. Murphy, Inc., Post Office Box 477, Nantucket, MA 02554, Board of Appeals File No. 021-10, the Board made the following Decision: 2. Applicants are seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By- law Section 139-33A (alteration/expansion of apre-existing nonconforming use/structure). Applicants propose to alter and expand their single-family dwelling by placing a new foundation under the structure, which would include window wells extending into the required ten-foot front yard setback area but no closer than the existing front stoop, which is sited as close as about zero feet. There would be no increase in the existing ridge height of the structure, though portions of the new foundation would be constructed within the required front and side yard setback areas. In addition, Applicants propose to enclose first floor negative space (under existing second floor living space) of about 28 square feet on the southeasterly side of the structure. This portion of the structure is sited as close as about 0.6 feet from the southwesterly side yard lot line and the addition would come no closer to the lot line than the existing structure. There would be other exterior work performed as part of the overall renovation of the historic structure that would be done outside of the required setback areas and would not need relief from this Board to complete. Identical relief was granted in File No. 067-07; but, the relief has since lapsed. The property is conforming in all other respects. The Premises is located at 3 CLIFF ROAD, Assessor's Map 42.4.4, Parcel 20, Plan File 2006-68, Lot 87. The property is zoned Residential-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, as no matter of planning concern was presented. Except for the presentation by the Applicant, there was no opposition presented at the public hearing or on file. 1 4. Applicant asserted that both the existing single-family dwelling and the shed are grandfathered as to siting, as they both are clearly shown in their present locations and configurations on the 1938 aerial photographs in the Town records. Applicants also presented evidence that the house was built about 1800 and moved from either Madaket or Sherburne in 1832, and that the shed dates back to the early 1900s. They were undertaking a substantial renovation of the existing single-family dwelling, which would include placement of a new foundation under the structure without increasing the height, and that would include window wells on the front of the structure, that would be sited within the required ten-foot front yard setback area but would not come any closer to the front yard lot line on Cliff Road. A recessed first floor area, with second floor living space above it, on the southeasterly side of the property of about 28 square feet would be enclosed to provide additional interior living space. The Applicant noted that the current recessed exterior staircase area counts as ground cover because it is a so-called negative massing under second-story living space. Applicants also propose to add an about 221 square-foot enclosed addition and a porch to the northeasterly and northwesterly sides of the structure that would be conforming in all respects and would not require relief from this Board. Applicant does not seek to increase the encroachments or ground cover in the setbacks. Other that those nonconformities previously indicated, the Premises is conforming in all other respects to the dimensional requirements of the Zoning By-law. Applicants stated that such pre-existing nonconformities are common in the core area of Nantucket, and that identical relief had been granted to the locus in 2007 in File No. 067-07. 5. Therefore, based upon the foregoing, the Board of Appeals finds that the proposed alteration and expansion of the single-family dwelling as proposed within the required front and side setback areas, both by the addition of a basement and window wells and by the enclosure of the recessed first floor area that contains an exterior staircase within the footprint of the current second-story overhang, would constitute an increase in the nonconforming massing of the structure within the required setback area. The Board further finds that said increase would not be substantially more detrimental to the neighborhood than the existing nonconformities. The Board of Appeals also notes that a grant of relief would be consistent with similar relief granted to nearby properties. 6. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-33A to allow construction of a new basement under the existing single-family dwelling that would not result in an increase in height on those portions of the structure that are sited within the required southeasterly side yard and southwesterly front yard setback areas. The new basement would include window wells extending beyond the current footprint within the required front yard setback area; and to allow the enclosing of a first-floor recessed area on the southeasterly section of the structure within the required side yard setback area to increase interior living space, subject to the following conditions: (a) This relief is limited to the siting of the basement and proposed enclosure as shown upon the "Building Location Plan", dated April 22, 2010, done by Weller & Associates, a reduced copy of which is attached hereto as Exhibit A, and no expansion within the required setback areas shall come any closer to the lot lines than the existing structure is sited, without further relief from this Board; (b) No exterior work shall take place between May 15t" and September 15th of any year; 2 (b) No further building shall be performed within the required front or side yard setbacks without further relief from this Board; and (c) The alterations shall be done in substantial conformance with Certificate of Appropriateness No. 54,860 issued by the Historic District Commission. SIGNATURE PAGE TO FOLLOW 3 Dated: ~~ ~ , 2010 ame r , /~ Carol Cross COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On this O7D day of ~, 2010, before me, the undersigned notary public, personally appeared ~~ ~ ,proved to me through satisfactory evidence of identification, which were ,/ or personally known to me to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public ~/.~ytCSScLK • 001{ My Commission Expires: Maki ~i ~~'> 4 U G~/~ ar oor ~e Q k ~t~~O, h ~ .. °N~ U ~ ~ O Q O ~ N EXISTING ~' ~ . ~ J 511 ED -~ N ~ v' z ~ Q Q J ~ c ~.. O U ~ °~ ~~~ ~9 ~ Z .~ Q ~ ~. ~ /~ CC s9 /~~ -oo ~O ~O ~ ~, ~g/ ~o ~~ LOT AREA: 5 18 I .6 S.F. ,Goys ~~ ~~ G~` ,; ~. -" Z~- ~. ~~ ~~ P fov,.~o~o>ia/. i !~ Ec. Zy ~s ~\\Q -- ,e~oy~ _ v_ / E~. = ss9 ~ SECOND FLOOR _ O riV°RHANG . \ Tb~ of Exis7ivy EC . 3v. o DIMENS!O~~A.L R°QUIREMEN`5 $. M. Et. ~ ZG.o-~~.. ZONING CLASSIF~CAT!O~J R~' iv.4ic. SETS-~/ n,tlNlr,tUM LOT SIZE: 5000 Sr ~''~vE~`~/T ti11NIMUM FRONTAGE: 50' tv11NiMUM FRONT YARD I O' MINIMUM SIDE 4 REAR YARD: 5~ 1v1AXIMUM GROUND COVERAGE: 30°70 BUILDING LOCATION PLAN FOR 3 CLIFF ROAD NANTUCKET, MA PREPARED FOR UNA MURPHY, TRS. 3 CLIFF ROAD NOMINEE TRUST 5CALE: DAi_. DRAwN 8~ I " = 20' 03-25-2010 TMW - _ _- 06-0.12. I y zz-/o WELLER ~ ASSOCIATES 1645 FALMOUTtt RD.. SUITE 4C - P,O. BOX 4 17 CENTEevILLE, MA 02632 2 WINDY WAY. X232 NANTUCK,FT, MA 02554 TEL.: (508) 775-0735. - FAX: (SOf51 775-0754 EMAIL: CnSwCIICrQCpmGaSC.nCt PROFE5510NAL ENGINEERS t LAND SURVEYORS TravM~ PC