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Home My WebLink About053-10 Marshall, William & Tracey ~x 0..,.. :,-::-":: ~- TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No.\~rII'i~t~2 o ' ( ) .t\avfa:",ilH~":'i<:'f':'?~--"'~Ke',i,'!Wana~t;e'>~n:f;;R,:~"rWalkeJl~:~"{~~~~t':;;:1~i':~':::,: '~:;:; wner s name s 'r::"_..~".j,,,'tM~l~~"""'"~XLn.,,i;!~,,,,,,,,2~w...:,*,.''''' ..,,,,,,,,,..L..fii:l',.,,,,,.ld":."""'';!f,.. H , Mailing address:13~i13..~~_~:p,~~ll.~~6'9:"~a~~I)P;Q~?11~ "'~._ .,' I~. __...... '.,.: ~~~4;<1($iWIi';r,;-r,~~~tt~~~~~~~~,,-J . - o :n ..,., : I. C/? ,., -0 ~ ~ CO i.JJ s::- '''......, "".'- ~."'~"- "'-.','~'~ .' ,...' . '".'. , ........m..' -_. ..,..lI.....'"~..... ..~"..,..,...r.'."..,1 Ph N b ",.n8R~<l." '€r."l " . EMail ......~n11..........Wi..il.... one um er:_~4:' '~!. . ". . , ' .',,,; '. - : ~~ . .' "., I"~ rdt.e 'o,,"',Q :le.J d den . com Applicant's name(s):~~- .61' "'" Ph N b .~"1r~;;1:a,"7A~~~ai:rd'iT~;."~'iit~tU;,\~"jl~ E Mail.Etl:t:"mari:!:n:EilcI@ii1e-ircom::;;':::;'; one urn er.HY;)~;::~~~Ifn1eM'~I~~~-I-4l;("~,;iJ'~ik~U - . h"~:Fi,...'.e'~~'~~'<")P"f4':4';~'*;""'/i;,",j1'>+!~cO"~.l',.''j'J.:~,,,',f~:r,\~;;~,;,,'":~ Locus Address: A ' M /P 1'4"'2':;"'2","c"l"S'. ,;: '.'Vi'.', i ssessor s ap arce :, "'<ii'\" t'11ilt.t7,i,?~>.J,1 Land Court Plan/Plan Book & Page/Plan File NO.:~~~1;~I:~i&gji~J1;;!..jr:rr;~~,~?i;~g?,:?6,i{\i'!,r Deed Reference/Certificate ofTide:~~9",~~J:lili;}jG:St Zoning Uses on Lot- Commercial: Nonei~ Yes (describe) Residential: Number of dwelling~"f~ Duplex Date of Structure(s): all pre-date 7/72 or Building Permit Numbers: Previous Zoning Board Application 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 Addendum attached I certify that the informa 'on contained herein is substantially complete and true to the best of my knowledge, der the pains and penalties of perjury. Davl Brooks Walker and Stephen P. Walker SIGNATURE: R I c h err d Owner* Under Power of Attorney SIGNATURE:IIIIIIII_Applican€ttor~Agent* Joseph M. Guay, Esquire *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. Date: September , 201 0 OFFICE USE ONLY Application received on:lIlM!iI By~ Complete_ Need Copies:~ Filed with Town Clerk:_1 _I _ Planning Board:_1 ~ _ Building Dept.:_1 ~ _ By:. Fee deposited with Town Treasurer:_1 _I _ By:fII Waiver requested:~l Granted.1II Hearing notice posted with Town Clerk:_1 JiI Mailed./IU~~H I&~/. &II~ III Hearing(s) held on. III III Opened on :1I/11/~ Continued to:. Withdrawn:1I1II1II Decision Due By:.III/. Made:.I. Filed w/Town Clerk./fllII Mailed:... 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile ADDENDUM (Application for Special PermitNariance) William J. Marshall and Tracey C. Marshall- Applicant(s) David Brooks Walker and Stephen P. Walker - Owner(s) 23 Commercial Wharf, Nantucket, Massachusetts Lot 1, Land Court Plan No. 10726-A, Certificate of Title No. 20,570 Nantucket Assessors Map 42.2.4, ParcelS ZONING CLASSIFICATION District RC Existing Proposed Minimum Area: 5,000 SF 1,404:t SF* No Change (Lot of Record); (Pre-existing nonconforming) Minimum Frontage: 40FT 56.15 FT No Change (Conforming) Front Setback: None 4.5 FT Relocate Dwelling (Maintain 4.5 FT) (Conforming) Side Setback: 5 FT 1.2 FT Relocate Dwelling (Westerly Side) (Reduce nonconformity) (Easterly Side) (Conforming) Rear Setback: 5 FT 0.4 FT Relocate Dwelling (Maintain 0.4 FT) (Not more nonconforming) Ground Cover: 50%* 25.6% Alteration! Addition (*30%) (359 SF) 29.8% (Add 59 SF/ Total 419 SF) (Not exceed 30%) (Conforming) * Lot of record less than 5,000 sq. ft. - 139-33E allows ground cover of 30%, but not more than 50% by special permit PROPERTY/LOCUS The property/locus (hereinafter referred to as the "Property") is located in the Residential Commercial Zoning District (RC) and is within the Harbor Overlay District (HOD). The Property is a pre-existing nonconforming lot of record. The Property contains approximately 1,404 +/- square feet in a zoning district that requires a minimum area of 5,000 square feet. The single family residential dwelling on the Property is a pre-existing nonconforming structure with a size of approximately 359 square feet and a ground cover ratio of 25.6%. There is a platform deck on the easterly and southerly sides of the dwelling that extends over Nantucket Harbor. The dwelling (on the westerly side) is within the 5 ft. side setback and on the southerly side within the 5 ft. rear setback and the deck on the southerly side is attached to the dwelling and extends within the rear setback, across the Property lot line and over Nantucket Harbor. The Property is nonconforming with RC zoning as to required minimum area (undersized lot) and the 5 ft. rear and side (westerly) setbacks. The Property is conforming to RC zoning as to: (i) Frontage - existing frontage is 56.15 ft.; RC zoning requires a minimum of 40 ft. (ii) Front Setback - existing front setback of 4.5 ft.; RC zoning requires none (-0-). (iii) Ground Cover - existing ground cover ratio of25.6%; RC zoning allows 50%. * [*139-33E provides that a lot of record less than 5,000 square feet allows for 30% ground cover and not more than 50% with special permit.] PROPOSED RELOCATION AND CONSTRUCTION Applicant proposes to alter, relocate and expand the existing dwelling by: (i) Moving the dwelling so as to reduce the 5 ft. side (westerly) setback nonconformity. The dwelling, as re-sited, will be outside (conforming) to the 5 ft. side (westerly) setback except for the mechanical unit (air conditioner condenser) attached to the exterior of the dwelling which will be approximately 3 ft. (nonconforming) from the westerly lot line. The dwelling and deck will remain within the 5 ft. rear setback but no more nonconforming than as already exists. (ii) Raising the ridge height of the dwelling to approximately 22 feet from existing grade by constructing a new first floor. A new piling foundation will be constructed at the relocated dwelling site. (iii) Expanding the dwelling by approximately 59 square feet creating a ground cover ratio of29.8% which will be conforming as such expansion will result in a ground cover ofless than 30% as allowed under 139-33E. RELIEF SPECIAL PERMIT Applicant seeks reliefby Special Permit pursuant to Nantucket Zoning By-law 139-33A for the alteration, relocation and expansion of a pre-existing nonconforming structure (single family residential dwelling with deck). The Property is an undersized lot of record containing approximately 1,404 square feet and located in the RC zoning district that requires a minimum area of 5,000 square feet and is situated within the HOD. The Property (locus) and structure (dwelling with deck) are nonconforming and validly existing in the RC zoning district The Property measurements and dimensions of the existing dwelling are as shown on the Existing Conditions Plan prepared by Bracken Engineering, Inc., and the relocation and construction proposal submitted by Applicant is as shown on the Site Plan prepared by Smith & Hutton Architects and Designers. The description of the construction work to be performed is set forth in the Historic District Commission Application and referenced as Certificate of Appropriateness No. Upon relocation, the dwelling will continue to be conforming as to front setback and the side setback (easterly side). Further, the proposed relocation of the dwelling will remove the dwelling from within the 5 ft. side setback (westerly side). Upon relocation, the structure will be outside (conforming) to the 5 ft. side (westerly) setback except for the mechanical unit (air conditioner condenser) attached to the exterior ofthe dwelling which will be approximately 3 ft. (nonconforming) from the westerly lot line. The relocated dwelling will reduce the nonconformity on the side setback (westerly side). The expansion of the dwelling by 59 square feet (for a total of 419 square feet = 29.8%) will conform with permitted ground cover and not exceed the 30% ground cover ratio allowed for an undersized lot of record (less than 5,000 square feet) under 139-33E. The structure, as re-sited, will remain within the 5 ft. rear setback and the reconstructed deck will extend across the Property rear lot line and over Nantucket Harbor. The dwelling will maintain a 0.4 distance from the reallot line and the deck will retain its existing width and depth and will not be more nonconforming. The construction of a new first floor will raise the ridge height of the dwelling to approximately 22 feet from grade and not exceed the maximum height requirement of 30 feet The renovation and improvement to the dwelling will not be dissimilar to the recent construction renovations made to other residential properties along Commercial Wharf and specifically the work performed on the Ruth M. and William H. Barney, III residence situated at 25 Commercial Wharf as approved by prior Zoning Board of Appeals Decision No. 015-08, dated June 25, 2008, and recorded at the Nantucket Registry of Deeds in Book 1146, Page 202. The proposed renovation will not be substantially more detrimental than the existing nonconforming neighborhood properties. VARIANCE In the event the Board deems necessary and appropriate, the Applicant seeks Variance relief pursuant to Nantucket Zoning By-laws 139-32 and 139-16A for the alteration, relocation and expansion of the dwelling and deck (move dwelling laterally from west to east within the 5 ft. rear setback, across the Property rear lot line and over Nantucket Harbor). Applicant proposes to move and relocate the dwelling from west to east which will reduce the nonconformity as to the westerly side setback and maintain conformity as to the easterly side setback. Moreover, the dwelling is presently located at a distance of 0.4 ft. from the rear lot line and is nonconforming within the 5 ft. setback. The dwelling will be re-sited within the 5 ft. rear setback but maintain the 0.4 ft. distance from the rear lot line and therefore no more nonconforming. The deck will extend from the dwelling within the rear setback, across the rear lot line and over Nantucket Harbor, maintaining the existing width and depth of the deck, and no more nonconforming. The unique circumstances of the Property including the size (undersized lot of record at approximately 1,404 square feet), shape and topography (adjacent to Nantucket Harbor bordering on the southerly side lot line and Commercial Wharf on the northerly side lot line) support the Variance relief. Moreover, such relief would not be a substantial detriment to the public good and is supported by the recent renovations made to the neighboring properties along Commercial Wharf and particularly the improvements made to the adjoining parcel at 25 Commercial Wharf after being granted Special Permit and Variance relief under Zoning Board of Appeals Decision No. 015-08. I-' ~ VI ;:; Q. !f III ." 1C ~ Ai 5' ::::J Q. " Cl .. ~ c!i " ~ 9- 6' " J o ~ H ~CD J~ Q, o 3 .., 0- o .., , ! i i z' di~ q,~ ni ~ ! t:: , " ! ~ i !i : [ L"~_u_,,._u_u c~i ~~l ~~~ ! o J III f=Ei:l 0 lill ~. :l )> '" c: Site Plan <T ~ ~ U 3 I~ i ti. o' " i5 Marshall Residence 23 Commercial Wharf Nantucket, MA 02554 t:: " (l) Q, ~ 'U ~ () o 3 3 CD .., () o ~ :Y o =+. ~~~g~~ ~ =~i'~~ ~.~.g-t;'5 ~ o~"Q.ii\'::u ;'~""..n ;.e:at;~S' ::~:!:&.:!. ,,:iI1lJ.J!ti "g.::...m",o ~'2:%~~~ II:T" ..... n a.:!. ii'OQ ~:J'''S~ Sgo3g== ~'&.~a8~ CIQ n" IIQ;'^ a.o"'ao~ ~~~c3~ ~ ... -< ::::II _. '"" ~ g ~ ~i ~ -;;;''2.~S:1Q r'ltt<"....a I " .... .. ., c: Vt,,~S'::J::J ~3"'w~~ -:-"a-~~:~ ~!!!?.~~ a~s-;l:z: ~ ~.; g ~ a....." < AI ,~ ..", ~ :;iil", ..,,~~s:~~ ~ ~ p ~;~ wl't",s,::J" N..... 0 ::rrl!. ~ ~V'l ~)( ::u::::ll"O )>~2~= S~~S-~ ~ S:~~ ",n ~:::~ ~ tan., f'1) :~~~~ " ."....3=="2 iiJ ~ ~~ ::a;; ::I "".-t!a. a ~~~f~ ~ ~~~ s. S::N _,0 :l :l -. .. 3 " c: 3 aa~~~~~~a~ -g-g ~'~I ~ ;.: ~~. :;~iicr~i&.~c a.a..~~fi';;-S::o~3 ototgg~~~m~oa ~i&.&.g g ~'~?r~~ ~~1)'~&.&."a ~~ 3~ii:ib'b' ~ Q. a.. iJ iJ ~ ti ... gb'O:':~; ~ ~~~ ~?r i c=: R' !=!' .. .. '" " ~ ~. N o ::::J :r (lQ ;J:J III .0 c: ::;' III 3 (1) ::::J ... '" N~NW~ \D....V'IV'10 i>>\Di::n\DN 'if{;~~~ l.nZ",z..::o ~~~qn '" :n "'.. 0- ll'tg ~ ~ j' 5 f ~ i i ~ f J i ~ . 2 i I e b l3' I;:E is , ::::J STATEMENT OF AGENCY We, WILLIAM J. MARSHALL AND TRACEY C. MARSHALL, of 162 North Central Avenue, S1. Louis, Missouri 63105, executed a Purchase and Sale Agreement dated August 13, 2010, as the prospective buyers of the real estate known and numbered as 23 Commercial Wharf, Nantucket, Massachusetts, owned by David Brooks Walker and Stephen P. Walker, c/o Glidden and Glidden, P.C., 37 Centre Street, P.O. Box 1079, Nantucket, Massachusetts 02554-1079, as evidenced by Certificate of Title No. 20570, filed at the Registry District of Nantucket County. We hereby authorize our attorney, JOSEPH M. GUA Y, to be our true, sufficient and lawful attorney and agent, and to act on our behalf in connection with our Application for Special Permit and Variance relief before the Nantucket Zoning Board of Appeals. -rL EXECUTED as an instrument under seal this r day of September, 2010. ;;:i~ ~~ ':"",...L. I ~,I~.,....... .;.. .,~ ,"';: ~ (W "~:I"'",:,: ".r,.: ,\,';1-:1 ~ \~:' J ""'f : ,.~:.~ "-,:~ f'"'' , - .-. j.... .."',(\,...1,..,,...,. 'r '1liuf..41 .0"';""; ',.,. ::...,.,...., ':. ,':',' "; 'rI(~' . ~RJL Form LCE.D-2. 3M.9-5S-9IS1<5 L,C, No, 8580A PLAN OF LAND IN NANTUCKET' Josiah S. Barrett, Engineer August 12, 1955 c:: o CO c:: <t :I: r. fil~i I ~". I I c.B ""2"~'H'" I ,U""od'E - : I ~ Itone : : bulkhead : ~ z Mean'Hlgh Water Mark and LOW WATIR lUlU: I- LLJ ~ U ::> I- Z <t Z c.~ ~..\ ~' ~ r )tVYw ~ roo,'" 'n._ .."''---.i>iiaifljlnq.--''~ "'II' ~ ~\ .. ... .. g . :. m ~ II \ ,i 'I~ 1,"4 040 ~. '0 o '. . 0'"' ~ . . . ..J <t u ffit-= ::!;C/) ::!; o .0 ej0726A $ ;t c:: '10 co c:: <t :I: I- L&J ~ U :;) I- Z c:t z OJ/,! <<;r:/;nof.!!!!:. 10726~ LAND REGISTRAT/ON OFFICE -August '29,' 1955~" Scale, oFthis plan 40 feetloaii:/iijft, C-M. Andef'$Oil, EngineerfOr CouitwcIJ IS-I. . I I I j ! i I I I I I I I I I (j'" ~;I '.:t- I .;,;~; <r:' .~.~ \..fr .... "'::.:r. ~./~,- r~ ~, . , ,I: I 1 I .1 I I NoP/J Town of Nantucket Web GIS - Printable Map Page 1 of 1 Town of Nantucket Web GIS Sale Date Sale Price Book/Page Lot Size 42.2.4 5 23 COMMERCIAL WF WALKER DAVID B & STEPHEN P C/O WALKER DAVID B 1030 PRESIDENT AV STE 114 FALL RIVER, MA 2720 12/20/2002 $700,000 C0020570 0.03 acres NOT A LEGAL DOCUMENT = Prop ID Address Owner For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator, 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. Town of Nantucket, Massachusetts Map Composed 9/7/2010 Copyright 2005 Town of Nantucket, MA, All rights reserved, Developed by AppGeo httn:/ /host. aOOQeo.com/nantucketma/PrintableMaD. aSDx?Preserve=Width&M aD Width=75&... 9/7/2010 Town of Nantucket Web GIS - Printable Map Page 1 of 1 Owner Sale Date Sale Price Book/Page Lot Size Town of Nantucket Web GIS 42.2.4 5 23 COMMERCIAL WF WALKER DAVID B & STEPHEN P C/O WALKER DAVID B 1030 PRESIDENT AV STE 114 FALL RIVER, MA 2720 12/20/2002 $700,000 C0020570 0.03 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. 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, Town of Nantucket, Massachusetts Map Composed 9/9/2010 Copyright 2005 Town of Nantucket, MA. All rights reserved, Developed by AppGeo httn~/ /host"annQeo.com/nantucketmaJPrintableMao.asox?Preserve=Width&MaP Width=864... 9/9/2010 ;; \ () \ ::0 s- o> \ n '1j P' ::r: n .... ~() - 0 Ul \ ;' .() .. .. 0>- ~ \ l! \ \ 'II! "Z. '" J 0- ~ )> ~ \ ... 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All blanks must be filled In using BLUE OR BLACK INK (no pencil) or marked N1A. NOTE' It Is strongly recommended that the applicant be familiar with the HOC guidelines, BuIlding wIth Nantucket In MInd, prior to submittal of appllcaUon. . Please see other side for submlllal requirements. Incomplete applications will not be revIewed by the HOC. this Is a contractual agreement and must be IIl1ed out In Ink. An application Is hereby made for Issuance of a Certificate of ~propriat~ness unde~ Chap: ~95 ~fbythe ~cts and Resolves of Mass" 1970, for proposed work as described herein and on plans, drawings and photographs accompanying thiS application and ma e a p ereo re erence. The certificate Is valid for three years from date of issuance. No structure may differ from the approved application, Violation may Impede Issuance of Certificate of Occupancy. FOR OFFICE USE ONLY Date application received: Must be acted on by: Extended to: Approved: Chairman: Member: Member. Member. Fee Pald: $ PROPERTY DESCRIPTION TAX MAP W: 4-2-.. 2.. + PARCEL NO. 5 Street & Number of Proposed Wor1<: 1.'3 0.vl iVlEIU-I.t..L- ',^,H ~ Owner of record: bAVlb ~ S'T€Pf.IerJ /IV\.~ Mailing Address: ~ 0N M E:tz.s:..4 ts..L- v.JHAP..p:- NM~l)('~-r; M A OV74 Disapproved: Contact Pho'ne #: E-mail: AGENT INFORMATION (if applicable) Member: Name: Sc.orr ff UT'/ON Notes. Comments. Restrictions _ Conditions Mailing Address: I q F-.A~r ~/EL-t> P-oAb /-fAvt2fl4""oWN f f'A 190f)3 Contact Phone #: (0 I 0 '-19; - 2b45 E-mail: S"4fiJ"@ $M rffI H &I fT01J. Cbl' o New Dwelling 0 Addition o Color Change 0 Fence o Roof tJ Other Size of Structure or Addition: . Length: U~4-'-~Sq,Footage 1stlloor. '].0 Width: n~ 'T .111. ' Sq. footage 2nd 1I00r: ~ 5 Cf Sq. footage 3rd 1I00r: - Difference between existing grade and proposed IInlsh grade: North t> South (;) East () West 0 Height of ridge above final finish grade: North "2- ~ I South ~l. ' East :;LJ,., , West :;1...'2.' Additional Remarks REVISIONS' 1. East Elevallon ~$c: HE:/ftHt ~ 130/(.,D Nr:;vJ l'iT fL.. S6l-OW Historic Name: (describe) 2. South Elevation \ I " Original Date: I '1 ? 0 3. West Elevallon " '1 o Garage o Gate DESCRIPTION OF WORK TO BE PERFORMED See reverse for required documentation, o Garage/Apartment 0 Commercial M Historical Renovation 0 Deck o Pavlng 0 Move Building 0 Demolition 0 Revlslons to prevlous Cert, No. o Steps 0 Shed Decks: slze:~1 Size: J8{ 1 st 1I00r 0 2nd floor o 1 st floor ):r 2nd lloor Original Builder: Is there an HOC survey form for this building attached? 0 Yes 0 N1A 4"North Elevation ,. " 'Cloud on drawings and submh photographs of existing elevations, DETAIL OF WORK TO BE PERFORMED Foundation: Height Exposed 0 Block 0 Block Parged 0 Brick (type) Masonry Chimney: 0 Block Parged 0 Brick (type) 0 Other Roof Pitch: Main Mass~12_ Secondary Mass-L12_ Dormer --112_ Other Roofing material: !:19 Asphalt: o3-Tab;gj Architectural o Wood (Type: Red Cedar, While Cedar, Shakes, etc.) o Poured Concrete ~Pler;s Skylights (flat only): Manufacturer Manufacturer Gullers: P(WOOd 0 Aluminum Leaders (material and size): Sidewall: ~ White cedar shingles o Other Trim: A. Wood 0 Pine 0 Redwood MCedar oOlher B. Treatment ~Palnt 0 Natural to weather 0 Other C.Dlmenslons: Fascia t;.1/~' Rake 151/.;.' Soffll(Overhang) ql/"':' Comer boards t;V-i: , Window Casing ':b t,r;.' Door Frame 1:J'f~' Columns/Posls: Round _ Square_ Windows': JZi Double Hung 0 Casement kSJ All Wood 0 Other AI"I N;,.J Cr' . PI c:,...pJp.e ~ True Divided lIghts(munlln~), single pane 0 SOL's (Simulated DlvldJ U9hts) Manufacturer Doors' (type and material): Front - Rear?- f' A-I j').. 16 /.--'r;:; Garage Door(s): Type - Material - Hardacape materials: Driveways Walkways . Note: Complete door and window schedules are required. Rough Opening Rough Opening o Copper 0 Leaders (material) r-:, R. 4 'x -+ v-lOOJ>- B(/;(,~p. L-€AI>6\2. PA/ ~ wl-f '1E o Clapboard (exposure: Inches) Size Size Fence: Height: Type: Length: Location Location Front 0 SideD Frieze ~YL' Side 'I J....tfE w /f'~'B1- Wails t:Xi $1' CCNC. S'a..W.dl..l- COLORS Sidewall NATlJf.l..A.t_ Clapboard 0' applicable) Trim 1^l4 Ire Sash Deck N'&';VC2-.6..I_ Foundation IN H- , . Attach manufacture~s color samples n color Is not from HOC approvalllsL I her.eb~ authorize the agent ~amed above to aC,t on my behalf to make Changes In the s ecificatlons or the plans contained in this applicallon in order to bring the application Into compliance With the HOC guidelines. I hereby agree to abide by and co Iy with the terms and conditions of this application. I hereby agree that the ' ~~~:Isslon of any revisions to this application Wil~II~I~=:~,: ~:~.~:~~~~~~~ew period. ) '" ,_ "' c..... "'-J r:>,~ """\ Roof Doors Fence Att'I-I,LI-T 't3l--,A~ 't'J-.t:..y Shutters DATE ISSUED: Appflcatlon to the HISTORIC DISTRICT COMMISSION, Nantucket, Massachusetts, for a CERTIFICATE OF APPROPRIATENESS for structural work. All blanks must be filled In usIng BLUE OR BLACK INK (no pencil) or marked N1A. NOTE' It Is strongly recommended that the applicant be familiar with the HOC guldallnas, Building with Nantucket In Mind, prior to submittal of application. . Plaase see other side for submittal requlremants. Incomplete applications will not be reviewed by the HOC. This Is a contractual agreement and must be filled oulln Ink. An application Is hereby made for Issuance of a Cerllflcale of ~prop~ateness under Chapter 395 ofbythe 1cts and Flesolves of Mass., 1970, for proposed work as described herein and on plans, drawings and photographs accompanying thIS application and made a part hereof ,re erenca. The certificate Is valid for three years from date of Issuance, No structure may differ from the approved appflcatlon. Violation may Impede Issuance of Certlflcate of Occupancy. CERTIFICATE NO: FOR OFFICE USE ONLY Date application received: Fee Paid: $ PROPERTY DESCRIPTION TAX MAP NO: 4-').-.?-- .f'- PARCEL NO. ~ Must be acted on by: Street & Number of Proposed Work: ;z.;. CoM M ~(2C.( AL wUAJ2..F Extended to: Approved: Disapproved: Owner of record: bL!>.v' I:> -l- C;~PH r:;?/"J NtS..J...I~ Chairman: Mailing Address: '2.. -; CbMM 6Fl.JU Ab WHiS. p.F Member: NArJr~T llJ~ 0:;1.-%4, Member: Contact Phone #: , E.mall: Member: AGENT INFORMATION (If applicable) Member: Name: "S C-C;17T A If UtiOi\.l Notes" Comments - Restrictions - Conditions Mailing Address: le, ~$'r ~~fEtb f2-0A.D HL..vE/<:roV'-J .J ,FA t1()~,3 Contact Phone #: fP1 0 '1 I'd; .,,,u>+t.:; E-mail: 5ca1T@S:M ,.f/f H\J1f"rJ,c;,;-;v1 o New Dwelling 0 Addition o Color Change 0 Fence o Roof 0 Other Size of Structure or Addition: DESCRIPTION OF WORK TO BE PERFORMED See reverse for required documentation. o GaragelApartment 0 Commercial 0 Historical Renovation 0 Deck o Paving ~ Move BuildIng 0 Demolition 0 Revlslons to prevlous Cert. No, o Garage o Gate o Steps o Shed length:~fr,'~+-iz." Sq. Footage 1st 1I00r: '3<SCj Width: I Cf '- "1,1,1;." Sq. footage 2nd floor: - Sq. footage 3rd 1I00r: Difference between existing grade and proposed finish grade: North Height of ridge above flnal finish grade: North Additional Remarks ;,7,/CJ ~ 1 st floor 0 2nd floor o 1 st floor 0 2nd floor Decks: Size: Size: South East West South East West Historic Name: REVISIONS' (describe) 2. South Elevation 1. East Elevation Original Date: I 9 ;;;'0 . -" 3. West Elevation Original Builder: 4. North Elevation Is there an HOC survey fonn for this building attached? 0 Yes 0 N/A 'Cloud on drawings and submit photographS of existing elevations. DETAIL OF WORK TO BE PERFORMED Foundation: Height Exposed 0 Block 0 Block Parged 0 Brick (type) 0 Poured Concrete 0 Piers Masonry Chimney: 0 Block Parged 0 Brick (type) 0 Other Roof Pilch: Main Mass--112_SecondaryMass--112_ Dormer--112_ Other Roofing material: 0 Asphalt: 03. Tab 0 Architectural Fence: Height: o Wood (Type: Red Cedar, White Cedar, Shakes, etc.) Type: Length: Skylights (flat only): Manufacturer Manufacturer Gullers: 0 Wood 0 Aluminum Leaders (material snd size): Sidewall: 0 White cedar shingles o Other Trim: A. Wood B, Treatment C. Dimensions: Rough Opening Rough Opening o leaders (material) Size Size location location o Copper o Clapboard (exposure: Front 0 Inches) SideD OPine 0 Redwood 0 Cedar 0 Other o Paint 0 Natural to weather 0 Other Fascia Rake Window Casing Door Frame Windows': 0 Double Hung 0 Casement 0 All Wood 0 Other o True Divided lIghls(inuntlns), single pane 0 SOL's (Simulated Divided lights) Manufacturer Doors' (type and material): Front Rear Garage Door(s): Type Material Hsrdscape materials: Driveways Walkways . Note: Complete door and window schedules are required. Soffit (Overhang) Corner boards Columns/Posts: Round _ Square_ Frieze Side Walls COLORS Sidewall Clapboard (If applicable) Trim Sash Deck Foundation , Attach manufacture~s color samples If color Is not from HOC approval list, I hereby authorize the agent named above to act on my behalf to make changes In the spe IlIcatlons or the plans contained in this application In order to bring the application Into compliance with the HOC guidelines, I hereby agree to abide by and compl with the tenns and conditions of this application, I hereby agree that the submission of any revlslons to this application will Initiate a new sixty-day review period.) U~ ~ Date Rlnn~htrAnfnwnornfr,l!:u"^r'" f'rt~?-""",- \A"J" ...... . Roof Doors Fence Shutters is.:' Bk: 01146 Pg: 202 11111.. Bk: 1148 PQ: 202 Page: 1 of 8 000: SP 07/16/200811:19AM TOWN OF NANTUCKET @ ;. c :'.....- BOARD OF APPEALS i! NANTUCKET, MASSACHUSETTS 02554l)l ;0 fit '.J :'p :::::> 'Q .... <, . , ~ ; 1 ''\ . .~ Date: June 25 ~Q: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 015-08 owner/Applicant: Williem 11., III and Ruth H. Barnel K:nCl0sEtd is the Decision of the BOARD 0:9' APP~S 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, Massachusett.s General Laws. Any action appealing the Deoision must be brought by filing a complaint in Land Court within TWENTY (20) days after this dayrs date. Notia8 of i;he action with a copy of the aODlplaint and certified copy of the Decision lQ.ust be given to the Town Clerk so as to be received within such ~NTY {20} .days. 1M 1. Jl~ ('5<<>) Michael J. O'Hara, Chairman co: 'rown Clerk Planning Board Bu~lding Commissioner/Zoning Enforcement Offioer PLSASJi: NOTE: MOST SPECIAL PlUUUTS AND VARIANCES HAVE A TIME LDaT AND WILL BXP:tRB IP NOT ACTED UPON ACCORDING TO NAWrOCKET ZONING aY-LAW SBCTION139-30 (SPBCIAL PBRMXTS); SHCTION 139-32 (VARIAHCBS). ANY QUESTIONS, PLBASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICS AT 508-228-7215. Bk: 01146 Pg: 203 NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 42.2.4 Parcel 4 Residential-Conunercial 25 Commercial Wharf Plan Book 5, Page 9 Land Court Plan No. l0752-E Deed Ref. Book 249, Page 229 DECISION 1. At a. public hearing of the Nantucket Zoning Board of Appeals, held on Friday, May 9,2008, at 1:00 P.M., (originally noticed for public hearing on Aprll11~ 2008 and continued without opening) in the Conference Room in the Town Annex Building, 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application of WILLIAM H., m AND RUTH M. BARNEY, 2222 Rockingham Drive, Troy, OH 45373, Board of Appeals FILE NO. 015-08, the Board made the following Decision: 2. Applicants are seeking relief by Special Permit pursuant to Nantucket Zoning By-law SeetloD 139..33A (alteration, expansion of a pre-existing, nonconforming structure or use). Applicants propose to alter and expand a pre-existmg. non-conforming single.-famity dwelling on a subminimum lot by constnlcting a second-floor addition and raising the stmcture to place a new foundation under it within the required setback areas. The addition would be constructed entirely within the existing footprint of the strncture and would come no closer to the lot lines than the existing structure. In addition, the addition would be constructed outside of the required fivewfoot side yard setback areas. However, a portion of' the addition would be constructed within the required five.-foot rear yard setback ar~ with the existing structure being sited as close as zero feet from the rear yard lot line. The addition itself would not exceed the existing height of the highest ridge of the structure and would be p~arily located over the existing one-.story central portion of the structure. The structure contains one bedroom and after alteration and expansion, there would be two bedrooms. The locus is served by town water and sewer. The locus is grandfathered as to the lack of padcing and the parlcing requirement would not be increased. 1;11\. VI 1"t0 rl:J. ",V"t As part of the reno'Vation, the structure would be raised up from grade on Commercial Wharf in order to meet the flood plain requirements as detailed below. The highest point of the ridge would increase from aoout 19 feet to about 23 feet above grade of the dirt portion of Commercial Wharf, though the actual building mass height of the structure itself would not change. Applicants stated that after application was made to the ZBA for a new height above mean grade of about 25 feet for the structure after construction of the new foundation, Applicants were able to obtain a waiver from the Massachusetts Department of Conservation and Recreation through the Flood Hazard Management Program. in order to allow a reduction in the required ten-foot elevation compliance to the eight-foot elevation, on the basis that the structure was determined ha'Ve historical relevance, resulting in a new proposed height abo'Ve mean grade of 23 feet. Due to the raising in the overall height of the structure, relief is also being sought. to the extent necessary, by Variance pursuant to Nantucket Zoning By-law Section 139- 32 in order to be allowed to remove and replace the existing boardwalk that is sited within the required westerly five-foot side yard setback area and to be allowed to add a siairway within the reconstructed boardwalk in order to access the door on the rear of the structure. The existing front door on the northerly elevation will no longer be accessible. To the extent required by the Building Cadet the new stairway may be sited closer to the . westerly side yard lot line than the existing boardwalk, which is sited as close as about one foot. The Premises is located at 25 COMMERCIAL WHARF, Assessor's Map 42.2.4, Parcel 4, Land Court Plan No.1 07S2~E, and Plan Book 5, Page 9. The property is zoned Residential-Commercial. 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. There was no written correspondence related to this matter on file and no public testimony at the public hearing other than that by Applicants' representatives. 4. The locus is nonconfornting as to lot size, with the lot containing about 700 square feet of lot area in a zoning district that requites a minimum lot size of 5,000 square feet; as to ground cover, with the lot containing about 72.9%, ground cover ratio in a district that requires a maximum ground 'cover ratio of 30% for undersized lots; as to setbacks with the structure being sited as close as about 2.1 feet from the easterly side yard lot line, as close as about one foot from the westerly side yard lot line (the boardwalk, with the structure itself sited as close as about 3.7 feet) and as close as about ~ero feet from the rear yard lot line abutting the waterts edge, in a district that requires a minimum side and rear yard setback of five feet; as to frontage with the lot containing about 35.35 feet along Commercial Wharf in a district that requires a minimum frontage of 40 feet; and as to parking, with the parking area servicing the lot being sited within the layout of Commercial Wharf. The lot is confonning as to front yard setback and height requirements. 5. Applicants, through their representatives, stated that the family of Applicant William H. Barney. m. has owned the property since 1905 separately from any adjacent g..... V' '''I-Q r!:f. 'vv prl.lperties and the lot is thus considered a lot of record. The structure was more likely used as a fishing shack prior to that time and dates from the late 1800's. At a point in time between 1905 and the 1920.s the family added the two-story addition on the easterly side of the one-story shack to convert the structure into an un-winterized summer cottage. The cottage has remained substantially \Ulchanged since that time. The family has increased in size over the past 102 years of ownership and the Applicants desire to provide a small second bedroom and bathroom for their children and grandchildren, while trying to keep the small, summer cottage aspect of the structure. There is no other possibility of expansion given that the lot appears to be the smallest individually held lot on Commeroial Wharf and there is little ability to expand the gro\Uld cover. 6. Applicants represented that the locus is situated within "Zone V8" that has a requirement of an "elevation" of ten feet according to National Geodetic Vertical Datum as shown npon a small portion of' a redaction of the map (Exhibit A) on file with the Nantucket Zoning Board of Appeals ("ZBA"). The structure is cmrcntly sited with an elevation of about 4.7 feet. This area is considered a ''high-velocity'' zone that has the potential for severe damage from wave action during a storm. Properties in this zone proximate to the water are subject to more stringent elevation requirements, even more so than those abutting the Easy Street basin along Old North Wharf that has a requirement of only eight feet as an example. As a further illustration, the ZBA has considered applications and subsequently granted both Special Pennit and Variance relief for property owners with structures in the Brant Point area that have a less onerous elevation requirement of eight feet. In some cases the ZBA has granted relief to raise structures up on new foundations that resulted in heights in excess of the maximum height requirement of 30 feet. The requirement to meet current standards has been triggered by the Applicants' proposal to construct a new foundation under the dwelling and new second floor space above the existing footprint. The structure would not be removed from the site to do the work but would be raised in place. The existing deck that is situated over the water on the southerly side of the structure and thus outside of the lot lines, would be temporarily removed during construotion and replaced at the appropriate increased height. In addition, the measurement is calculated differently in Zone V8. In other zones. such as Zone A7, that encompasses most of Old North Wharf. elevation is taken from first floor height. In Zone V8 elevation is taken from the bottom of the sill, requiring the structures in this zone to come even farther above mean grade. 7. Applicsnt~ represented that the structure is currently situated entirely on the dirt portion of Commercial WhaJ.t with only the deck on the southerly side of the structure being sited over the water. The sills of the structure are ~ompromised by rot due to being sited in part directly on top of the existing wooden main bearing be~ with a dimension of about 1410 x 14'~, that runs under Commercial Wharf. It is visible in the southerly elevation photo from 2007 on file with the ZBA (Exhibit C). The beam was placed under the existing stone cap when Commercial Wharf was constructed in the 1800's. The structure has begun to shift and sink along with the underlying wooden beam. To stabilize the cottage, a new foundation is necessary to be constructed. In this case, the structure would continue to meet the maximum 30-foot height requirement. The primary entry is currently at grade level on the northerly side of the stmcture and sited at about zero feet from that lot line. Once the dwelling is raised up on gn.. V. ."t'u r!:f. &.vu the new foundation to meet elevation requiretttentsJ a new set of stairs would have to be constructed within the area of the existing boardwalk on the westerly side of the structure in order to enter the house from a side door. There would no longer be any ability to access the property from the existing front door on the northerly side as no new stairs could be constructed that would be located entirely within the lot lines of the locus that would allow acceSS to the raised up front door. 8. Included in the file (Exhibit B) are the proposed elevation plans for the additionJ that had not received a final certificate of appropriateness from the Nantucket Historic -District Commission at the time of the ZBA public hearing. Applicants stated that the onewstory profile of the structure would be maintained on the westerly side and there would be minimal changes to the two~story section on the easterly side. .M visible on the proposed elevaUonst the new addition would be constructed. within the existing footprint and would be lower in height than the existing two.story addition. Also visible on the west elevation is the new set of stairs that would be used as the new access to the dwelling. Currently, a boardwalk is constmcted on that side that is used to access the existing waterside deck and door. Should building code requirements be such that the new stairway be a certain width, Applicants would need a grant of Variance relief to allow the stairway constnlction and replacement of the boardwalk. It is currently proposed that the new stairs would not come any closer to the westerly side yard lot line than the existing boardwalk, which would temporarily haV'e. to be removed during . construction of the new foundation. Applicants are seeking permission to remove and replace the boardwalk portion during consfrnction within the westerly required five-foot setback area. 9. Included in the file (Exhibit C) are a series of photographs. One set shows the current status of the dwelling in 2007. Applicants stated that there have been minimal structural changes to the building since about the 1920's. The earliest photograph available is from about 1904 showing the existing one-story portion of the structure substantially in the present location. The next two photographs are from the 1920's showing that the twowstory addition had already been constructed, substantially as it is shown today. The last photo is from 1939 and shows the structure as presently configured and massed in context with the surrounding structures. Since that tim~ the surrounding Straight Wharf arca has been entirely reconstructed and much larger stnlCtures have been built in the immediate area, including along the westerly end of the Commercial Wluuf. The photographs clearly show that the structure is validly grandfathered as to siting. ground cover and parking as ha.ving existed prior to the 1972 enac1ment of the Nantucket Zoning By-law. The shifting and sinking of portions ofilie structure can also be seen on the elevation photographs taken in 2007. 10. Included in the file (Exhibit D) is the overall plan of Commercial Wharf done by William F. Codd on September 20J 1911. The Applicants' property is clearly identified on the plan showing the locus in its current configuration and owned by an ancestor of Applicant William H. Barney, m. Alanson C. Barney, as a separate and distinct lot from all adjacent parcels. This plan also shows the original footprint of the one-story section of the. current dwelling. The second plan is the first Land Court Plan No. 10752 for Commercial Wharf, done by William S. Swift on February 19~ 1925. The Barney lot is clearly shown with SUbstantially the same dimensions as shown on the cunent site plan. LlR. V' .....U r~. ".v, In addition. the two-story addition has been added to the footprint and situated as shown today. These plans support the Applicants' claim that the locus is a validly grandfathered lot of record. 11. The surveyed site plan. on file (Exhibit E), dated October 16, 2007, done by Bracken Engineering, Inc., shows the current conditions on the site. The Applicants stated that the second plan shows that the nonconforming ground cover and setback distances would not be made more nonconforming as a result of the constmotion of the second floor addition. It also shows the area of the boardwalk and new stairway to be constructed on the westerly side ofthe dwelling. 12. Therefore, based upon the foregoing. the Board finds that the structure and locus are validly grandfathered as to dimensional nonconformities and thus Special Permit relief is available for the proposal. A grant of the requested relief by Special Pemtit would not create a situation that would be substantially more detrimental to the neighborhood than the existing nonconformities as the nonconfonning ground cover and setback distances of the existing single-family dwelling and the dimensional nonconformities of the lot would not be made more nonconfonning. There would also be would no increase in the parking requirements. The resulting new ridge height of about 23 feet as required to meet the stringent flood plain requirements in this zone would not exceed the maximum height requirement of 30 feet. The addition of about 180 square feet of second floor interior living space within the existing foot print would not create a structure that would be out of scale with the existing structures along Commercial Wharf and would be in context with the neighborhood in general. Raising the structure would also protect the historic s1rncture from further damage due to structural compromise at the foundation level. In addition, the Board finds that a grant of Variance relief, to the extent necessary, to construct a new boardwalk and entry stairs on the westerly side of the sttucture, could be supported given that the lot is a lot of record containing a structure that pre-dates the 1972 enactment of the Nantucket Zoning By-law. The ZBA finds that owing to the unique circumstances related to the soil conditions, with the locus being situated on an earthen/rock historic wharf immediately proximate the water, shape and topography of the structure and land, with the historic structure being sited on a small lot that is bounded by water on the south and a common wharf area on the north, and especially affecting such land or structures but not affecting generally the zoning district in which it is-located, given that a large portion of the Residential-Commercial zoning district within which the locus is situated, is not affected by such stringent flood plain requirements or situated directly proximate the water. In additio~ a literal enforcement of the provisions of the Zoning By-law would involve substantial hardship to the Applicants as the structure's stability is being compromised by the rotting sill under Commercial Wharf and the requirement to raise the structure would make the existing front door inaccessible and thus the struoture would require an altemate access route. The desirable relief to remove and replace the existing boardwalk and add new stairs within the required westerly five.foot side yard setback area could be granted without substantial detritnent to the pUblic good and would not nullify or substantially derogate from the intent or purpose of the Zoning By-law, particularly as the boardwalk seems to have existed within the westerly required five-foot side yard setback area for some time without incident. en.. v. ."0 rl:::l' A:.va " (ZBA File No. 015.08) 13. Accordingly, the Board of Appeals. by a UNANlMOUS vote, GRANTS the requested relief by SPECIAL PBRMlT pursuant to Nantucket Zoning By-law Section 139-33A and, by the same vote, reIiefby V ARIANCB pursuant to Nantucket Zoning By- law Section 139..16A to alter and expand the structure as proposed above. The relief is hereby conditioned upon the following: ' a. The structure as expanded sball have a maximum ridge height of about 23 feet above mean grade; b. There shall be no exterior construction related to the project herein permitted between May 1 and October 1 of any given year; C. All work shall be done in substantial compliance with the site plan entitled "Existing Conditions Plan in Nantucket, MAn prepared by Bracken Engineering, Inc. and dated March 19, 2008; and d. The structure will conform to HDe Certificate of Appropriateness No. 52097. SIGNATURE PAGE TO FOLLOW gn. v I .-.U rl:lc 'V~ f ....... . . , Dated: J u J\.,,( ~ $' . 2008. COMMONWEALTH OF MASSACHUSETTS Nantucket. ss. June is: 2008 On this -.iff: day of J~M .2008, before me, the undersigned Notary Public, personally appeared ~fL- /In 1j1lJ Iii " who is personally known to me. and who is the person whose name is signed on the preceding or attached doeumen~ and who acknowledged to me that he/she signed it voluntarily for its stated purpose. ~dJm Notary Public: *1f<~'M.~ My commission expires: ~ ;,),Jt:J/3- :po "' - lK:z: ~m =,~ ;?g -'c =~ . ""ll; ~:::o !!i:11II ~li} :;'i 1;'0. ::;0:,"'" ;;.g' :A.~ SIn; Q, ~ .. , . . -or,: \i:-.. ,\,~t.c:."~:o~~,., ...!.,,~"v.. ..\.\0 1\~'-lIC '#I',--..;~;'" , t.~ ~lt l w: /.. ~tt. '4>."i ' ~, "IIt:..'~ +=,..,thh (!'. I'J :'.. ~'. ~t;. c;,.'-.,...... "'.t ~ ..~.~ ~~~j ~..... .' "......,. ", ,,'l.py ... ~.' " ...~.....:I'tI.r::,i"'("l) ~ ~ ~ ", ^-1"'f'....OT. o??rt6J""~.. \ ,:-":.. f.'\l'~t.!..~ ~ :'{:;1P~' ...~. n'''f ':.~'.'l' (p. ..,~'~ =~! ~. ' -e.:'.""' ".. : Hf"; . : ;. . :. '.-:." ~. ..-'., : .. ~. ,_. "'~. ~ . K . ";..;:...f . ' " X;::Ab;ioWN CLE.R ". ~ :.... NASl.~~.~"," . ~'1I '." O#...o~.'u.uu;;~. ," ~1;'jf)~~" . ~I.I# ..tt ~f1.AT';' .............tt. '{-;. . -:..*'t1'ttNJr't .,.&.::~. ..........,.,.~:. l:;;O l ... 1 CERTIFY THAT 20 DAYS HAVE ELAl'SED AFTER THE DECISION WAS FlLED,IN me omCE OF nm TOWN CLER~ AND THAT NO mEAl,. HAS BEEN fILED.PURSU TOG LAWS~CTIONl1 ~K JUL 1 6 Z008 I REGElVP..D BOARD OF AOOESSOP.8 AUG 2 5 2010 'i I it. 5~ 00 TOWN OF NANTum<ET, MA Town of Nantucket Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: David Brooks Walker PROPERTY OWNER...... .... .~:t. ?~.~.~ ~...~.:.. ~.? !.~.~:.. ... ....... ........ ...... .... 14 Plumlelgh Drive MAILING ADDRESS.......... f'l.9x:1; .h.. .P.~.r:;t: !".9.l;l."t .h.1.. .tM.... 9.?~:4. 7.............. PROPERTY LOCATION......~.?..~ ~~. ~.~.~.~ .I.? ~...~~. ?~.~:... ~.~.~.~~. ~.~.~;~:.. .~.A ASSESSOR MAP/PARCEL. ..M!!.!?..~ ?-.?~.<!=: !l.~.c:.~.I... ?........... ... ............ ... SUBMITTED By............... .~.~:t. ?~.~.e;y.. .~.<?~~.P.~.. .~:.. .~.~.a.y.... '" ............ 508-825":'9099 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 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). ~ ~ .;l~ . :JtJ/t) D1\ TE I ~Ila SSESSOR'S OFFICE' ' , TOWN OF NANTUCKET <D . .. ,.. ,.. ,.. ,.. ... ,.. ,.. ... ,.. ,.. ,.. ,.. ... f "- ~ N N N N N N N N N N N N N N N W W W W N N N N N N N N N N N 0'\ N N ~ ~ ,.. ... ... ,.. ,.. ,.. ,.. ,.. ,.. ,.. ,.. "- N a NNW W ~ ~ ~ ~ ~ ~ m ~ ~ ,.. W t' ... W N m ~ ,.. W N ~ 0 0 l1' '" a tn ". 'if -.J ~ ... l1' ~ ~ ~ ; ~ ~ ; ; I I ; ; ~ I ; 3 . 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I I ., ., ., ., CD CD '" '" NNW ... ... .... 'D ... ... ... = ... N N N ~ iilnBUhUii II " 0 . .. b' 0 ~ ~ ~ .,., ~ ~ ~ ~ ~ ~ ~ II rt '" ... OJ to co t-i t-i UII 0 P> ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ " <Q (I) ... TOWN OF NANTUCKET BOARD OF APPEALS . - NANTUCKET, MASSACHUSETTS 02554 0 -I ;r... ~~- X~..:~ ~...." , . .~ ~ :;.::: Date: r-:'_ November 17, ~QI0 1 r'\ "'-"""'..-.: --- ..0 -0 N ~ To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 053-10 Owner/Applicant: WILLIAM J. MARSHALL AND TRACEY C. MARSHALL 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 ( ys. 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 42.4.2, Parcel 5 Lot 1, Land Court Plan No. 10726-A 23 Commercial Wharf Residential Commercial Certificate of Title No. 20570 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, October 14, 2010, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of DAVID BROOKS WALKER AND STEPHEN P. WALKER AS OWNERS, C/O Glidden and Glidden, PC, PO Box 1079, Nantucket, MA 02554, and WILLIAM J. MARSHALL AND TRACEY C. MARSHALL AS APPLICANTS, C/O Joseph M. Guay, PO Box 1294, Nantucket, MA 02554, File No. 053-10: 2. Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A.4) (alteration of preexisting nonconforming structures) for the alteration, relocation and expansion of the preexisting, nonconforming structure on the property at 23 Commercial Wharf ("Locus"). _ The Applicants propose to relocate the dwelling and deck so as to reduce the westerly side yard setback nonconformity as the structure is presently sited 1.2 feet from the westerly side yard setback in a zoning district that requires a five foot side yard setback. The dwelling will remain sited as close as 0.4 feet from the rear setback line in zoning district that requires a fi ve foot rear yard setback. Addi tionally, the Applicants are proposing to raise the ridge height of the existing dwelling to approximately 22 feet from existing grade and to expand the dwelling by adding approximately 59 square feet of ground cover. The new ground cover ratio of the Locus will be 29.8% which will be conforming as Nantucket Zoning Bylaw Section 139-33. E. (2) (a) allows a ground cover ratio of 30% for lots under 5,000 square 1 feet. The Locus has a lot size of 1,404 square feet. In all other respects, the lot is dimensionally conforming. In the alternative, the Applicants are requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139-32 (Variances) from the intensity regulations in Section 139-16 (intensity regulations setbacks) for the proposed work. The Locus is situated at 23 Commercial Wharf, is shown on Nantucket Tax Assessor's Map 42.4.2 as ParcelS, is shown as Lot 1 on Land Court Plan No. 10726-A, and is registered as Certificate of Title No. 20570 in the Nantucket County Registry District of the Land Court. The property is zoned Residential Commercial. 3. Our decision is based upon the application and accompanying materials, and representations and testimony recei ved at our public hearing. There was no Planning Board recommendation, on the basis that no matters of planning concern were presented. One abutter spoke at the hearing expressing a concern with the location of the air conditioner unit in the setback. 4. Attorney Joseph M. Guay represented the Applicant. Attorney Guay stated that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A. (4) in order to alter a preexisting, nonconforming structure on the Locus. The Locus is located in the Residential, Commercial Zoning district and is in the Harbor Overlay District. The Locus is a nonconforming lot of record as it contains approximately 1,404 +/- square feet in a zoning district that requires a minimum lot size of 5,000 square feet. I ~ I I The dwelling that exists on the Locus is approximately 359 square feet (with a ground cover ratio of 25.65%) and is sited within 5 feet of the westerly side yard setback and within 5 feet on the southerly rear yard setback. The deck, which is attached to the dwelling, extends wi thin the rear setback, across the p"roperty line o~n the Locus, and over Nantucket. Harbor. '.,. .;:,~~... . ':~ '.~ . Accordingly, the Applicant proposes to alter, relocate, and expand the existing dwelling by moving the dwelling so as to reduce the 5 foot side (westerly) setback nonconformity which will result in the dwelling being outside the 5 foot westerly setback except for the air conditioner condenser attached to the exterior of the dwelling which will be approximately 3 feet from the westerly lot line. The dwelling and deck will remain within the 5 foot rear yard setback; but, will not be any more nonconforming than as already exists. The Applicant is also proposing to raise the ridge height of the dwelling to approximately 22 feet from the existing grade by constructing a new first floor. Finally, the Applicant approximately 59 square feet will creating expand the dwelling a ground cover ratio by of 2 approximately 29.8%, which will be conforming as the expansion will result in ground cover of less than 30% which is allowed pursuant to Nantucket Zoning Bylaw Section 139-33.E. In the alternative, the Applicant is requesting Variance relief for the work requested. 5. At the hearing, there was discussion regarding the si ting of the air conditioner condenser and whether or not it could be sited somewhere other than the westerly setback. The Board felt as though siting the condenser in the setback would be detrimental to the westerly neighbor. Nonetheless, the Applicant acquiesced to the Board's suggestion and agreed to not site the air conditioner condenser in the westerly side yard setback. 6. Therefore, after a discussion with the Applicant and Counsel for the Applicant, the Board finds that such a Special Permi t may be granted to alter the preexisting nonconforming structure because the proposed relocation of the structure will not be substantially more detrimental to the neighborhood than the existing nonconformity as the westerly side yard setback intrusion will be eliminated. 7. Accordingly, by a unanimous vote of the sitting Board, the Board of Appeals made the finding that the proposed alteration to the preexisting nonconforming structure will not be substantially more detrimental to the neighborhood than the existing nonconformity with the condi tion that the air condi tioner condenser not be sited in the westerly setback so that the structure as relocated will be conforming as to the westerly side setback; but, the dwelling and deck will remain within the 5 foot rear yard setback and extend across the property line of the Locus and over Nantucket Harbor. 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