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Home My WebLink About068-10 Farello, M. & C. VAUGHAN, DALE, HUNTER, STETINA AND BEAUDETTE PROFESSIONAL CORPORATION EnwARDFoLEYVAUGHAN KEVIN F. DALE WlLLIA.MF.HUNTER MARTIN JEFFREY STETINA RrCH.A.RD P. BEAUDETTE LORI D'EIJA. ATTORNEYS AT LAW WHALER'S lANE P.o.BOX659 NANTUCKET, MAsSACHUSETTS 02554 TEL: (508l228.4455 FAX: (508) 228-3070 November 12,2010 Re: Variance Request Michael J. Farello and Catherine Farello 7 & 9 Jefferson Avenue Nantucket, Massachusetts 02554 . ..... 0 :'0 -iz O):~, :z: ::E -,.. c:::::J z:""":; <: ..... ~ N r J r'Ot ::g :;"'~,' N J'. V1 \0 John Brescher, Esquire Nantucket Zoning Board of Appeals Fairgrounds Road Nantucket, MA 02554 Dear John: On behalf of my clients, Michael J. Farello and Catherine Farello, enclosed is an application for Variance relief with supporting documentation attached. We enclose four (4) duplicate counterparts to accompany the original application. I have also enclosed the filing fee required by the Town of Nantucket in the amount of $300.00. Please mark this matter for hearing by the Nantucket Zoning Board of Appeals at its December Public Hearing. Thank you for your help in this matter. Please feel free to call me should you have questions. ,~S~ /y~ Richard P. Beaudette RPB/ Enclosures Cc: Nantucket Town Clerk Michael and Catherine Farello Emeritus 1 ...<{0flO~' j' .:, ,>;;->~-'4':1'~ ' ,. ,./ -..!'<',^ " f i~',' ,,:~~::~,\i:~.' ;1 ' ',\ 'f. ,\ \(::);<~ ,.:. ig;V , "J)fi):'(i1.w.'.,~~,' :,,- ~-..~t.!.J.',..{h;8'{j" ~,~~d~~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 -Iz 0-, :E:;: z ~.::; APPLICATION c-) r- I". A' Fee: $300.00 File No. Owner's name(s): Michael J. F_relio and Catherine Farrello Mailing address: C/O Vaughan, Dale, Hunter, Stetina, and Beaudette Phone Number: 508.228.4455 Print Form . - o ....,..,'.. tI"-~.."" :z: c:::::J <: - N :g N V1 \0 E-Mail: kevin@vaughandaleandhunter.com Applicant's name(s): !':-'lmp Mailing Address: same Phone Number: same E-Mail: Locus Address: 7&9 Jefferson Av.e Assessor's Map/Parcel: 30/54 & 54.1 Land Court Plan/Plan Book & Page/Plan File No.: Lots 1 &2 Plan Book 49. G Deed Reference/Certificate of Tide: B. 3:247 Zoning District R-1 P. 319 Uses on Lot- Commercial: None x Yes (describe) Residential: Number of dwellings -mffie Duplex Apartments None Date of Structure(s): an pre-date 7/72 or Building Permit Numbers: Non", Previous Zoning Board Application Numbers: None 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 information contained herein is substantially complete and true to the best of rny knowledge, under the pains and penalties of perjury. SIGNATURE: SIGNATVRE.~/ ~ Owner* Applicant/ Attorney / Agent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:_ / _/ _ By~ Complete~ Need Copies:_ Filed with Town Clerk:J _/ _ Planning Board:J _/ _ Building Dept.:_/ J _ By:_ Fee deposited with Town Treasurer:J _/ _ By: _ Waiver requested:_ Granted:_/ _/ _ Hearing notice posted with Town Clerk:J J _ Mailed:_/ _/_ I&M / / & / / Hearing(s) held on: / / Opened on: / / Continued to: -/-/- Withdrawn: / /- Decision Due By: T T - Made:_/ / - Filed w /Town Clerk: / _/ _ Mailed:_/ /-- 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Town of Nantucket Web GIS - Printable Map \, 30 n5~ .-/"- ~/'" \ .""'Jo \... '\ \ \ / \ /~/ \ -.......--.' \ // > / "'. / '~ 3') 137 1/ '~ ''-.---.. /"-.. ..... 30139,1 /' "'. ..... ~'______ / '''', '-........ / / "- .....---.._, / / / ---.., /' ''-,''~ // 30 139 // /---..... ~'-- 1/ ""<:", /:l~'~/'" ,/ ~.............~~ .Jf!:!'~:!iS~~""""---_--'" 3') 139.2 ,/,,", "'-. ....,",oJ'" --___ .// ".............. // ~<Q'" / 3') 55 -'...................."... . ,,_..... o 41ft '/" c}-' /' / - -' // 2Hg-.....:............. 30 285 Prop ID Address Owner Sale Date Sale Price Book/Page Lot Size Town of Nantucket Web GIS \ " .;> /\ \ ) ,:),/.:>0/ if/\ \ ~~:JV \ 30 52 ') ~ \ /' \ 30250 ...//' ,\\/",// ~ // \// \\ 3053 ~\, // ~ ..../..,-/../. \......\ \ /,/ "- ,.,/// \,,/ \\ '\ \ 3] 53,1 o Page 1 of 1 '- "-... ...........~ \ '---, \ --.........." \ "'''t', '-- , 6'~~~ -'____, \ '4y \ \ \ /> ./ // // /' ./ 2) 3 R '. r:- I :~::' 0::......-, -.: 3') 5-1.1 3054 7 JEFFERSON AV SNOW THOMAS G & VALERIE G TRS . BUG LIGHT REALTY TRUST 52 STARR RIDGE RD NEEDHAM, MA 2492 10/16/1996 $0 00517/0193 0.18 acres -"--~' Town of Nantucket, Massachusetts Map Composed 11/12/2010 Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo http://host.appgeo.c.om/nantucketma/PrintableMa1>~aspx?Preserve=Width&Map Width=43... 11/12/2010 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. ADDENDUM The Applicants, Michael J. Farello and Catherine Farello, request a variance pursuant to Section 139-32 of the Nantucket Zoning By-law for this property located at7 and 9 Jefferson Avenue, Nantucket (hereinafter "the Property"). The Property is shown as Lots 1 and 2 in Plan Book 49-G recorded at the Nantucket Registry of Deeds. Attached hereto as Exhibit A. The subject Property consists of two vacant 8,000 square foot lots located in the Residential 1- (R-l) zoning district. The required minimum lot size in the R-l district pursuant to intensity regulations under Section 139-16 of the By-law is five thousand (5,000') square feet. The maximum ground cover allowable for the Property pursuant to Sections 139-16 is thirty (30%) percent of the lot size. The required side yard setback in the R-l district is five (5') feet and the required front yard setback in the R-l District is ten (10) feet. The property is heavily encumbered by wetland resource areas as shown on the site plan to accompany Notice of Intent prepared by Charles Hart and Associates, dated May 3, 2008. Attached hereto as Exhibit B. Indeed, approximately only 5.5% of the lot area is available for a building footprint after the wetland buffers in which structures are prolllbited are factored into the lot area. The applicants propose to construct a single family home on site as shown on the site plan prepared by Emeritus. Attached hereto as Exhibit C. The proposed dwelling will consist of a two story structure that has a footprint of 899 square feet. The applicants have recently submitted plans to the Nantucket Historic District Commission to construct this dwelling and expect a Certificate of Appropriateness by the December 2010 Zoning Board of Appeals hearing. Plans Attached as Exhibit D. In addition, the previous owner of the property was granted Order of Conditions Number SE48-2122 from the Nantucket Conservation Commission on March 4, 2008 to construct the dwelling (hereinafter "Order of Conditions"). Attached as Exhibit E. As shown on the site plan in Exhibit C, the dwelling must be sited to conform to the 50 foot no-build wetland buffer as set forth in the Order of Conditions. It is worth noting by way of background that a prior application to the Nantucket Conservation Commission by the prior owner of the Property sought a waiver of this 50 foot no-build 1 requirement so that a small portion of the dwelling could be sited into the 50 foot wetland buffer. The Nantucket Conservation Commission denied that request and thus required the entire structure to be outside the 50 foot buffer as shown on the Notice of Intent. The Applicants wish to construct the house with a 65 square foot covered porch and 19 square foot step on the front of the dwelling. This porch and step as proposed would be sited within the front yard set back by 4.75 feet coming no closer to the front lot line than 5.25 feet. Accordingly the applicant is seeking a variance pursuant to Section 139-32 of the By-law to allow the siting to be within the front yard setback. Section 139-32 of the By-law provides in pertinent part: The Board shall have the power to grant a variance where the Board specifically finds that owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of [the Bylaw] would involve substantial hardship, financial or otherwise to the petitioner and the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Bylaw. In this instance, the soil conditions and topography of the Property require the applicant to site the house no closer than 50 feet from the wetland resource areas. In addition, the site conditions are unique to the Property. While wetland resource areas affect specific properties in the R-l zoning district, wetlands are not found in the R-l district on a widespread general basis. Furthermore, a literal enforcement of the Bylaw on this property would involve a substantial hardship to the Applicants in that it would likely require them to further reduce the size of an already very modest house for this zoning district. Finally, such relief would not be a substantial detriment to the public good, nor will it nullify the intent of the zoning by-law. The proposed dwelling is 899 square feet in a district that would allow the applicant to construct a 4,800 square foot dweliing if the current soil conditions did not exist on site. In addition, the porch and steps have been designed to minimize the intrusion into the front yard setback. Therefore, the Applicants respectfully request that the Board grant the requested Variance. 2 EXHIBIT A z ....,...I"7I.~"71 ~ .~ 1- ua \. \ \ ,....,oP.,.------ , ,./'" _.. _..-k..---' ib ~ ..~ ~ -------- ~ 2 h.t e t ~;i ; J il~i~~~ <4 %! ~ <4 t -.. ~ ~!i pal~lI~ ll~~jli ii,l ll~ ~1') . ~ t ~ ti '. <i:l . ~ f{,~ t1. ~ ~ ) ~ ~ ~~ ~1 l z ~ ~ J -t i ~ l-t. ol.... ) ~ ~ 04 ~ ll! ~ ..1.r.. i ""~'!l: 'ti' I :Skl~~ ,,~;r ~~':'~tli: ~~~. ""l.i~~~l.'l~'" J "'~l~. ""~~ ~~l~~~ ~fU ~ 0{ ~ hr' " \ \ ! ~ H~ ~ % ~ t. ~ \!~ :i ~~ ~ - ., ~ ~ a ~I~~ ~j II I ~ ~O-;~ i ' J/ ,~~ ~t.. i<!l .~ ~. ,,~, H~ ~~ f'l ~ ~ " ~il~ m ~ I~ J I 1 ~ai I, J ~ ~ f !Z ! :.,;,; ~ t ~ ~h IUd -- ,,"- , EXHIBIT B .. 'G,ia. "'I i ~ ~ ~4!~~ ~s'S ~ ~. '\l ..~: "tH -~ ,~ I t~Y:3 k~ ~Ot .r)!: ~~!!.~ ~\I~ ~s~ ~~ "':l~I! 3oJ; ~~~ >t t~!~! ~t~ ~ti. ~~, .~ I " .. i ~ <- <> ~ ~ ~ , " " " .; ~ 101 ~ ~ o ~ ~ ~ I-)o:t '< n~ ~ '(~\)..~ ~l:~~~ l)... r.. ~Ill-t!... ...uoo~ <I)~~"''' III .~o--- ~ l\ ~ ~ ~ w < . ~ t ::! ~ ~ ~ ~ ~ ~ Iti ~ o < ~ . ., ~ ~ ~ ~ ~ ~ ~ ... ~ '" ')... ~*...(ft ~ ~ 4 .. , . ., " ~ 00 .s~' ~ I- 0 ~ wi ~ ~; ~~qh I(:iHH.. ~ 10 ~ ,q~ ~eO ~~I O~n~~~ II ~ >. .. ~ ., "i ~ ~ .., ~ ;:) .... q o .. t .. ~ " ~ 1ll:\!~~OI,j ~ ~ .../: ... ... ... .. ~ ~ !! It oI.~~ ~ ~ 0:> J, '(.. ..~I\~~~ ~..~~~t ~ Iol ~ ., lq I-~~~o(" 0; ~ ~ H ~ o d -1'\ t 'ii' ~ ~ ~ '" ~ ~ i ~ if. ~ <> lJ 14 ~ 0", z a: -;~Cl .. g >~Ill~ 9.t ~~:)~O <( U)~Z(l)_ oil ~~~~! I- j < l1>"" '" ~ ~ ~ ti'" :r: ~C~~~ ~ 5l5<nge en W~~!Z ~ ~~ ~ ~ ft is n. .~ .... !!! ... ... In l5 ~ ... .. ~ ... o It < a '0 ~ . ':' i OIt~~:::::; >! 3 '! sO' "j It ~ ", ~ ., s ~; o~I15~ : h~ ~~h " It <> ~ ~I':t~ ~ ~ Il '( II! 00 .. < ~ 0 ~ q.... II .. ~ < ~ t-~",~~ Ollll(~~ ~ ,,~ ~ ~ ~ ~ ~ '( ~ . lq ~Il~ d ... lot" " u '( ~ d~~;; 'I ~ .. ~ l- nn It !! ]l q ..t 0 ~ ~ \ l u ... :> f ~ "" 0 .... .. ..., <'C'( '( .. q ~ 11 ... ..... '!")r('" . , I fit '.~~1~ ~ II \ "c- .... .. 0' ~~ . ~ , ~ / ~~\5 tt. // ~t:r \ ~\ . ~N~~~ 4 ~ ~~ ..~. ~~ ~.~ :~~ ~~~ ,~~ ~\~ ):\1-> \to'.! tltl~ ~~~ ~~ .... .-'_n.,,_ ___~ ", ... , iii <> ~ ~ o 101 ~ ~ , o. .. ~ t , o P) ., ~ II " 0( ~ ., 'It o ., Of '" " .. 00( EXHIBIT C C) ...- ........ CD ~ : ~ C) -$- ---'~ \'1~' . --- ._-------\ \ --- --- . . -- , \ --- ----. , . -- , . --- ---- , ~/-/ I \,\ I . , ~ ".-........ ,. ~ \' f ,.....-.... \r-;:'l ", i ~! ,(' '-....------" ~ ~d ! '\" (' '~\ ' I , /.. , ~ \ t'.._,' ..----- . , ' I ------ , :g. " \ 'Ci) .,\ \ ,) \ \ '\ J ,. i , i / \t--' ;-~ ...~ ~~ :z < -' 11. W I-b -, U):.. N ~ ~ .ll I i '" " J ~i ~~ ... ~ . s- .. j! ~ sl :z js < - -' - ii 11. - :>1 - (/) - !!i; => ;:) lEi! u o~ -'" - o ~ . ~ ~ . ~ ~ uOlpnJlSuo8 JOJ lON - uO!le~!Iddv V8Z EXHIBIT D a ~ 1015 . f8I8IIo RakIonce 11'....... .-.. -........ Farello Residence 7 & 9 Jefferson Avenue Nantucket, MA 02554 C"l ~ . . lA_ _~_. __ _ --r ~ n r _ ,_ r .. .~, ~ ~ s::: o G.1.1 1015 Nol1h - ..... 2 Proposed Elevations ...."-- u ~ '- ..- -- - :s: CI) s::: o (.) --- --- -.- --- --- '- o ...... o <: :... s::: o 1 ~'~~ku.~.,..h p s::: o CI) CI) Immmmmw - E .Q ~ CI) DOO. A.D W,IDOWle.IDYLl ..... 0UNmTY 1M' IlIE Ii. 11 ,..,..,....,. . , -.-.. c ""._oj. D _._.. 1IOCIt..-,ry ...- , _.- J 210...._ ~ I'.....r...- ......- -. -- -- -... -... -... -... -... 2S'........, z.. $ ~ (.) Q :J:: 51t~....z- 3 Door &. Window Schedule ..- c -.- N ~- .---_. -.- -.- c: 0 r to) ---r- ::, . ... , -- ,- ~ CI) r c: I 0 f 0 . , ... ,_w.1 0 '19l. ..... ,-- 0 ::z:: ' ,-- ::.... c: 0 c: 0 CI) <" E .Q ::, CI) 0 Q :c: 1 ~_~.~t Elev,lIon 3 ;~1"~: Eleutlon 2South Elflullon ......... 4 ~?r~:h Elnallon 1015 fIIIllIo Residence 7 & ,............. -........ ,~. ..- ..- - - -- .. - ~. " -.. -- --- --- --- -- - A.2.1 1015 c ..... C'-I ..... ..... t:: o (,) :::3 ... .... CI) t:: o () ... o ...... o <: ::.., t:: o t:: o CI) CI) E: .Q :::3 C/) () C) :r: 1 ~I.~.~l Floor Plan 1015 FtnIIo Residence 7&............... -....... .~.=- -- -.- - =: ~-~ == -.... .. -.. --- ---- ~ - A. 1. 1 1015 EXHIBIT E m wpafonn5.doo' roy.3/IMlIl \........ Bk: 01129 Pg: 236 Massachusetts Department of Environmental Protection Bureau of Reso!Jrce Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L c. 131. ~40 And the Town of Nantucket Bylaw Chapter 136 Jefferson Ave RT DEP FUe Number: SE48-2122 __I.- Bk: 1129 Pg: 236 Page: 1 of 13 Doe: ooe, 03/14/2008 02:38 PM A. General Information From: Nantucket 1. ConservatIon Commission 2. This issuance Is for (check one): ~ Order of Conditions o Amended Order of Conditions 3, To: Applicant: George H. Davis, Emily Snow Thomas G. Snow &: Valerie G. Davis Trustees (1) Snow Truslees (2) a, First Name b, last Name Jefferson Avenue Realty Trust (1) and Bug Ught Realty Trusl (2) Co Company 529 Chandler lane and 56 COunllY Way d, Mailing Address Villanova and Needham e. CitylTown 4. Property Owner (if different from applicant): 19085 and 02492 g. Zip Code PA and MA t, State Jefferson Ave Really TrustJ Bug LIght Realty Trust c, Company a. First Name b. last Name 529 Chandler Lane and 56 Country Way d. Mailing Address VlIlanova and Needham e. Cltytrown PA and MA t.State 19086 and 02492 g. zip COde 5. Project Location: 7 and 9 Jefferson Avenue a. Street Addre5s 30 c. AssessQrs Map/Plat Number latitude and Longitude. if known {note: electronic fliers will click for GIS locator): e. latitude f. Longitude 6. Property recorded at the Registry of Deeds for (attach additional informatIon if more than one parcel): Nantucket 8. County 517 c. BOoI< Nantucket b. CilyfTown 54 and 54.1 d. Parcel1lot Number b. Certlflcate (If registered land) 193 and 199 d.Page February 15. 2008 February 27. 2008 March 4,2008 a, Dale Notice of Intent Filed b. Date Pub"c Hearing Closed c. Dale of Issuance' B. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Sile Plan to accompany a notice of intenl a. Plan Titltl Charles W. Hart & AssocIates lne b. Prepared By Aprl124.2006 d. Final Revision Datil Landscape and ulllltles plans f. Additional Plan ~r Document Tille $500.00 a, Total Fee Paid 1. Dates: Charles W. Hart e. Signed and Stamped by e. Scale 9. lotal WPA Fee Paid: $262.50 b, Stale Fee Paid 02/12/08 g. Date $237.50 c. CltyfTown Fee Paid Pl104 1 cf 9 m wparorm5.doc' lev, 212710& Bk: 01129 Pg: 237 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, ~40 And the Town of Nantucket Bylaw Chapter 136 JeKerson Ave RT DEP File Number: SE48~ :2 I cl ;}... B. Findings 1, Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the Information provided In this application and presented at the public hearing, this Commission finds that the areas In which work Is proposed Is significant to the following interests of the Wetlands Protection Act. CtIeck all that apply: 181 Prevention of Pollution 181 t8] Public Water Supply lEI Private Water Supply ~ Groundwater Supply t8] land Containing Shellfish Protection of Wildlife Habitat I8J Flood Control !81 Fisheries t8J Storm Damage Preventlon [8] Recreation (Bylaw) t8J Erosion and Sediment 18J' Public Safety' This Commission hereby finds the project, as proposed, Is: (check one of the following boxes) Approved subject tb: ~ the followIng conditions which are necessary In accordance with the performance standards set forth In the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans. specifications. or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: o the proposed work cannot be conditioned to meet the performance standards set forth In the wetland regulations: Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures Which are adequate to protect lhese Interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet Is attached to this Order. o the information submitted by the applicant Is not sufficient to describe the site. the work, or the effect of the work on the interests identified In the Wetlands Protection Act. Therefore. work on this project may not go forward unless and until a revised Notice of Intent Is subrnitted which provides sufficient Information and includes measures which are adequate to protect the Act's Interests, and a final Order of Conditions is issu,ed. A description of the specific Information which Is lacking and why It Is necessary Is attached to this Order as per 310 CMR 10.05(6)(c). ' ~ Inland Resource Area Impacts: Check all that apply below, (for Approvals Only) Proposed Permitted Proposed Alteration Alteration Replacement Permitted Replacement Resource Area 1. 0 Bank 2. 0 Bordering Vegetated Wetland 3. 0 Land Under Waterbodles and Waterways 8. Unear feet b.llnearfeel c. linear feet d, linear feet a, square feet b. square feel c. square feet d. square feet a. square feel b. square feel c. square feet d. square feet e. cu.yd dredged f. cu.yd dredged PIIg42dV Bk: 01129 Pg: 238 m Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, 940 And the Town of Nantucket Bylaw Chapter 136 Jefferson Ave RT DEP FOe Number: SE4S. j.l ;l ~ B. Findings (cont.) , Resource Area Proposed Permitted Alteration Alteration 1. o Bordering land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage e. cubIc feet f. cublc feet 2, o Isolated Land subject to Flooding a, square feet b. square feet Cubic Feet Flood Storag e (:, <lublc feet d. cublo feet 3. D Riverfront area e. total sq, feel b. total sq. feet Sq ft within 100 ft Co square feet d. square feel Sq ft between 100-200 It e. square feet f. square feel Proposed Replacement Permitted Replacement c. square feet d, 5quare feet g. cubic feet h, cubic feet f. cubic feel e. cubic feet Coastal Resource Area Impacts: CheCk all that apply below. (For Approvals Only) 4.0 Designated Port Areas 5, 0 Land Under the Ocean 6. 0 Barrier Beaches 7, 0 Coastal Beaches 8. 0 Coastal Dunes 9. 0 Coastal Banks 10. 0 Rocky IntertIdal Shores 11, 0 Salt Marshes 12. 0 Land Under Salt Ponds 13. 0 Land Containing Shellfish 14.0 Fish Runs 15. 0 Land Subject to Coastal Storm Flowage wpalotmS.dQc' r~, 'lI1.7lf:13 Indicate size under Land Under the Ocean, below d. cu,yd dredged Indicate size under Coastal Beaches and/or Coastal Dunes below d. cJy nourlslvnl a, square feel b, square feel e. squlIre feet d. squOIro feet Indicate size under CQastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a. square feet b. square feet c. cJy nourishml d. cJy nourishml o. cu.yd dredged c. c1y nourfshmt. a, square feet b. !Square feet a. square feet b, square feet a, linearfeel b. ffnear feel a. square feet b, square feel a. square feel b. square feel 01. square feel b. square feet c, cu.yd dredged d. cu,yd dredged (:. square feet d. square feet a. cu,yd dredged b. cu.yd dredged POOl 3019 B. square feel b. square fel;ll Bk: 01129 Pg: 239 m Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, ~40 And the Town of Nantucket Bylaw Chapter 136 Jefferson AV8 RT DEP File Number. SE4S- J..J cil ~ 81. Additional Conditions (Issued by the Town of Nantucket) The Town of Nantucket Conservation Commission has found It necessary to include these additional conditions as a standard part of every Order. If the condltlon applies, then the corresponding box will be checked: 181 1. Pursuant to General Condition Number 8, thIs Order of Conditions must be registered with the Registry of Deeds for Nantucket, and proof of recording shall be submitted to the Commission prior to the commencement of any work approved in this Order. [gI 2. No work approved under this Order shall take place untU all administrative appeal periods from the Order have elapsed, or. if an appeal has been filed. until all proceedings have been completed. t81 3. The landowner, applicant, and/or the contractor will notify the Commission In writing five days prior to the start of work. The letter shall state the name, address. and telephone number of the project supervisor who will be responsible for Insuring onsite compliance with this Order. (All erosion/sedimentation control devices shall be Installed BEFORE the start of work.) (gJ 4. Prior to any activity at the site, a snow fence, slltatlon fence or a line of straw bales shall be staked as shown on the plan of record or as authorized by the Commission. After the fence or straw bales are installed. notice shall be given to the Nantucket Conservation Commission. No work shall begin on the site for 12 hours after said notiu Is glvenj so as to allow CommissIon members time to Inspect all siltation devices. The snow fence, siltation fence. or straw bale line erected to prevent siltation, erosion, filling of the weiland, and trap windblown debris during construction. will also serve as a limit of the activity for work crews. It shall remain in good repair during all phases of construction, and It shall not be removed until all soils are stabilized and revegetated or until permission to remove It rs given by the Commission. [gI 6. An as-built plan, signed and stamped by a registered professional engineer or land surveyor In the Commonwealth of Massachusetts, and having the same scale as the final approved plans, shall be submitted to the Commission at the sama Ume as a written request for a Certificate of Compfiance, and shall specify how, if at all, the completed plan differs from the final approved plan. The as-built plan shall Include, but not be limited to, the following: any/culvert Inverts for Inflow and outfalls; pipe slope, sIze, and composition; iocation of any other drainage structures and their composJUon; Omits of fill or alteration; location of all struetures and pavement within 100 feet of the wetland; the edge of the wetland; the grade contours within 100 feet of the wetland. [81 6. Members, employees, and agents of the Commission shall have the right to enter and Inspect the premises to evaluate compliance with the conditlons and performance standards stated in this Order, the Massachusetts Wetlands Protection Act, and pertinent Massachusetts regulations (310CMR10:00 through 10:99). The Commission may require the submittal of any data deemed necessary by the Commission for that evaluatlon. C8l 7. The applicant, owners, successors, or assignees shall be responsible for maintaining anyon-site drainage structures and outfalls, assuring the lasting Integrity of vegetative cover on the site. and monitoring of site activities so as to prevent erosion, siltation, sedimentation, chemical contamination, or other detrimental Impact to anyon-site or off-site resource area. It shall be the responsibility of the property owner of record to ensure compliance with the maintenance conditions required by this Order. wpalorm5,cIoe'. 'lIY,2fE7fJ1l P-oe ~ 0/9 Bk: 01129 Pg: 240 jl]-' ~I Massachusetts Department of Environmental Protection Bureau of Resource Protection. Wetlands WPA Form 5 - Order of Conditions ~ Massachusetts Wetlands Proteclloh Act M.G.L. c. 131, !l40 And the Town of Nantucket Bylaw Chapter 136 Jeffel'$on Ave RT DEP File Number: SE48- ;).1 ;l. ~ 81. Additional Conditions (cont.) The Town of Nantucket Conservation Commission has found it necessary to Include these addltlonal eondltlons as a standard part~f every Order. If the condition applies, then the correspondIng box will be checked: 181 8. This document shall be Included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. l:??J 9. A complete copy of this permit, including Its drawings, Special Conditions, and any Amendments shall be available at the work site whenever work Is being perforn'led. The permittee shall provide a copy of this permit to all contractors, subcontractors, and other personnel performing work relating to this project In order to assure full knowledge and compliance with the permifs terms and conditions, {8\ 10. Natural vegetation between the wetland edge and upland edge of the Undisturbed Buffer shall be left Intact. Within 48 hours of project completion, weather permitting, all disturbed areas shall be replanted as previously approved by the Commission. There shall be at least a 25- foot undisturbed buffer on the upland side of the wetland boundary. This shall be an ongoing Condition that shall survive the expiration of this permit and shall be so noled on the Certificate of Compliance. ~ 11. To minimize adverse effects on wildlife and water resources. the use of any pesticIde or fertilizer requires explicit permission to be granted by the Commission. This shall be an ongoing Condition that shall survive the expiration of this permit, and shall be so noted on the Certificate of Compliance. ~ 12. In all cases, no part of any structure, including decks, stairs, cantilevers, etc., may be closer than 50 feet from the approved wetland boundary. This shall be an ongoing Condition that shall survive the expiration of this permit and shall be so noted on the Certificate of Compliance. ~ 13. Any refuse material found on the sUe shall be disposed of at an approved landfill and ' In no case may these materials be buried or disposed of in or near a wetland. [gI14. This Order of Conditions shall apply to any successor in interest or successor in control of the property. [8J 15. No underground petroleum product storage tanks are allowed within 100 feet of any weiland Qr within any velocity (V) flood zone as indIcated on the most recent FEMA floodplain maps. (8116. No work under this Order of Conditions may proceed until the applicant has filed all necessary permits and applications wllh: Board of Heallh, ZBA, HDC. Building Inspector, Army Corps of Engineers, DEP, Waterways, MNH, etc. !8117. All construction and alterations must comply with the above referenced plans and the Conditions of this Order. Any changes Intended to be made In the plal'\$ or in the work shall require the applicant to file a new Notice of Intent, or to Inquire of the CommissIon In writing whether the change is substantial enough to require a new filing. No change In plan or work under this filing is permissible without a new Notice of Intent, or permission from the Commission. wpolonnS.doc' rtV.2127108 Page & elll Bk: 01129 Pg: 241 m Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, ~40 And the Town of Nantucket Bylaw Chapter 136 Jefferson Ave RT DEP File Number: SE48- ~I do ,. 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rIghts or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permIttee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The wor!< authorized hereunder shall be completed within three yaars from the date of this Order unless either of the following apply: a. the work Is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified oata more than three years, but less than five years, from the data of issuance. If this Order)s intended to be valid for more than three years, the extension date and the speclat circumstances warranUng the extended tlme period are set forth as a special condition In this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years-each upon application to the Issuing authority at least 30 days prior to the expiration date of the Order, 6, Any fill used In connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish. or debris, Including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoIng. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the land Court for the district In which the land Is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted In the Registry's Grantor Index under the name of the owner of the land upon which the proposed work Is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Regfstry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in sIze b~arlng the words, "Massachusetts Department of Environmental Protection" tor. "MA DEP") SE48. ~ I q.;}. v.pe!0nn5.doc' IIN,1O.7108 PaS" Bel 0 . L Bk: 01129 Pg: 242 . -I I~_ ~I Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions ~ Msssachusetts Wellands Protection Aot M.G.L. o. 131, 940 And the Town of Nantucket Bylaw Chapter 136 Jefferson Ave RT DEP File Number: SE48~ :11 ~ ;l.. C. Gen~ral Conditions Under Massachusetts Wetlands Protection Act 10. Where the Departmen\ of Environmental Protection Is requested to Issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13, Any change to the plans Identified In Condition #12 above shall require the applicant to Inquire of the Conservation Commission In writing whether the change is significant enough to require the flling of a new Notice of Intent 14. 'the Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and Inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated In this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of CondItions shall apply to any successor in interest or successor In control of the property subject to this Order and to any contractor or other person performing work condiUoned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a BorderIng Vegetated Wetland, the boundary of the wetland In the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once In place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission, 17, All sedimentation barrier's shall be maintained in good repair until all dIsturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited In a wetland or water body. During construction, the applicant or his/her designee shall Inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall Immediately control any erosion problems that occur at the site and shall also Immediately notify the Conservation Commission, which reserves the right to require addi1ional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work Una has been approved by this Order. Special Conditions: -.palcmnS,cloe' TW. 'JIl71O$ P.geTo18 Bk: 01129 Pg: 243 \ - a\ Massachusetts Department of Environmental Protection Bureau of Resource Protection . Wetlands I WPA Form 5 - Order of Conditions ~ Massachusetts Wetlands protection Act M.G.L. c. 131, !j40 And the Town of Nantucket Bylaw Chapter 136 Jefferson Ave RT OEP File Number: SE48- ;}.t3. ~ D. Findlngs Under Municipal Wetlands Bylaw or Ordinance Furthermore, the Nantucket hereby finds (check one that applies}: ConS8l'11aUon Commission 2. 0 that the proposed work cannot be conditioned to meet the standards set forth In a municipal ordinance or bylaw speclflcally: b. Citation a. Municipal Ordinance or Bylaw Therefore, work on thIs project may not go forward unless and until a revised Notice of Intent Is submitted which provides measures which are adequate to meet these standards, and a flnal Order of Conditions Is issued. 3. 0 that the following additional conditions are necessary to comply with a munIcipal ordinance or bylaw: B. Municipal Ordlnanco or Bylaw b. Cltallon The Commission orders that all work shall be performed in accordance with the following condltlons and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent. the conditions shall control. c. The special conditions relating to munIcipal ordinance or bylaw are as follows: P.8ofD wpAfcunS.d04' IW."PXT108 Bk: 01129 Pg: 244 FINDINGS and ADDITIONAL CONDITIONS George H. Davis, Jefferson Ave. Realty Trust DEP BLE NUMBER 800-2122 ASSESSOR'S MAP 30, PARCELS 54 & 54.1 7 & 9 Jefferson Avenue UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACf (Chapter 131840) and THE TOWN OF NANTUCKET WETLANDS PROTECTION BYLAW This Order of Conditions permits the construction of a single family dwelling, pervious parking area and landscaping within the buffer zone to a bordering vegetated wetland and within land subject to coastal storm nowage. FINDINGS 1. Applicant's Name George H. Davis, Jefferson Ave. Realtv Trust DEP File Number SE48-2122. 2. This Order of Conditions is being issued based upon strict accordance wiUt Ute information submitted in the Notice of Intent dated 2/14/2008. the Plan of Record dated as revised 2114/08 and stamped by Charles Hart and Landscaping and Site Plans by Emeritus dated 2114/08. 3. Areas subject to protection/regulation are bordering vegetated wetland and its buffer and land subject to coastal stonn flowage. 4. This Order is in accordance with a vote by the Nantucket Conservation Commission to close the public hearing on 212712008 and a vote to issue Orders taken by the Commission on 2/27/2008. ) 5. This Order permits the construction of a single family dwelling, pervious parking area and landscaping within the buffer zone to a bordering vegetated wetland and within land subject to coastal storm flowage. . 6. A waiver is required for the work permitted by this Order of Conditions. In addi~ion to the above referenced GENERAL CONDITIONS the Commission has found it necessary to include the following Additional Conditions pursuant to MGLCh131s40 and the Town of Nantucket Wetlands Protection Bylaw, Chapter 136. The above listed General Conditions and Findings are automatically part of this Order of Conditions. ADDITIONAL CONDITIONS 18. No work within 25' of the bordering vegetated wetland is pennitted by this Order of Conditions. 19. No structures, including cantilevered decks, are allowed within 50' of the bordering vegetated wetland. 20. No dewatering activities are permitted by this Order of Conditions. [ . Bk: 01129 Pg: 245 21. The applicant shall stake the 25' buffer line with strawbales and silt fencing. This line shall serve as the work limit line. 22. Prior to the start of work, the applicant shall provide the Commission office with HDC approved plans for review and final approval. WAIVERS UNDER THE NANTUCKET WETLANDS BYLA WIREGULATIONS The Commission grants waivers to Section 3.02(B)(l) of the Wetlands Protection Regulations of the Town of Nantucket Wetlands Bylaw (Chapter 136) which states that are not water dependent shall maintain a minimum 24" separation to high groundwater for all structures. The Commission finds that the piling support system as pennitted will not require dewatering as stated by the applicant and that there are no reasonable alternatives to the design as permitted and that there will be no adverse impacts. Therefore a waiver is granted under the authority of Sections 1.03(F) (2) and 1.03 (F) (3) (c) of the Wetlands Protection Regulations for the Town of Nantucket. [~ wpalctm5,doo' 'n.2Il7/I:IJ Bk: 01129 Pg: 246 Mas,achusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, ~40 And the Town of Nantucket Bylaw Chapter 136 Jefferson Ave RT DEP File Number: SE48. 011 a. ~ E. Issuance This Order is valid for three years, unless otherwise specified as a special ~~~~t. 2008 I H.tr) condition pursuant to General Conditions #4, from the date of Issuance. f. Date of Issuance Please Indicate the number of members who wiD sign this form: .5" This Order must be signed by a majority of the ConservaUon CommissIon. 2. Number of Signers The Order must be mailed by certified mall (return receipt requested) or hand delivered to the applicant A copy also must be mailed or hand delivered at the same Ume to the appropriate Department of Environmental Protection RegIonal Office, if not filing electronically, and the property owner, If different from applicant. . Signatures: il~~~~_s, ~ Virginia Andrews, ~Cl ~ ~ ~ ~b'.R"'" OPJ ' ~~o J\~ .. SarahOktay ~A '-Ernest Sleinauer John Braglnton-Smnh ~~~n ~ Ivtdrew BenneU Notary Acknowledgement Nantucket Commonwealth of Massachusetts County of 27'h February 2008 On this Day of Month Year Before me, the undersigned Notary Public, The Above Commissioners personally appeared Name of Document SIgner proved to me through satisfactory evidence of Identification, which wasJwere Personally Known (1(.0 bf'('J- 1? lie{ In) Description of evldence of ldentiflcallon / to be the person whose name Is ~Igne~ Ol'l the preceding or attached document, and acknowl!'l~9.~d to me thaUle/sha signed It voluntanly for Its stated purpose, "\\\\\'~IH~IIlI,,I:,',,;:~~t.., As member of Nantucket " Cqj;~' ~~~'..'~'M1:i~i~~; cltyfTown ;:: '.. ~" t:Jy'~8' ,,,, .:;;~p. i ~ <t.~ "''J. ,!l. ~...-;! ;_ ,.'.: ..':t-...... .1 .;?_~. - , ~ """ 1'" . - . "'-I ~ r:.~"';. ". . - ~J.:: .~ ~ /.: ....."" ~ ...... .... .. .....~ .: i;~ y"~>~#C/~ I Margaret R. Fanfo:a~~~ .: ~ t'/~~."!:.'.~'" ~> ~ . .. :'""f~ii..".'.";--'..""'" rl .' :4.- 4 ot ~...".. . .~(....~.-!\. ""t-. ...,.,'" Sapternber 01, 2011 '.",' I .UJltij.....~:; '....~~1 . .\7"'~'& Place notary seal andfor any stamp above This Order is issued to the applicant as follows: t81 by hand delivery on ~"~II'1, brtlery 29. 2008 I.. /l.fJU: ) Dale " o by certified mail, return receipt requested, on Oat6 . P.ge II 019 Bk: 01129 Pg: 247 \ ;;.... ~\ Massachusetts Oeparbnent of Environmental Protection Bureau of Resource Protection - Wetlands ( WPA Form 5 - Order of Conditions ~ Massachusetts Wetlands protection Act M.G.L. c. 131, ~40 And the Town of Nantucket Bylaw Chapter 136 Jefferson Ave Ri DEP File Number: SE48~ F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order. or any ten residents of the city or town In which such land Is located, are hereby notified of their right to request the appropriate DEP Regional Office to Issue a Superseding Order of CoodlUons. The request must be made by certified mall or hand delivery to the Department, with the appropriate 11\In9 fee and a completed Request of Departmental Action Fee Transmittal Form, as provIded in 310 CMR 10.03(7) within ten business days from the date of Issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the aPRell~nt. . The request shall state clearly and concisely the obJecUons to the Order whIch Is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protectlon Act, (M.G.L. c. 131, ~ 40) and is inconsistent with the wetlands regulations (310 CMR 1Q.00). To the extent that the Order Is based on a municipal ordInance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulatlons, the Department has no appellate Jurisdiction. Section G, Recording Information Is available on the fOllowing page. Paga10of9 WIle/DlmS.doe' m.21271('1J I I ~ UI wpalcrrn5.<Ioc. rlv,2n7108 Bk: 01129 Pg: 248 Massachusetts Department of Environmental Protection Bureau of Resource ProtectIon ~ Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131. ~40 And the Town of Nantucket Bylaw Chapter 136 Jeffel'$on Ave RT DEP File Number: SE48- G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district In which the land is located, within the chain of tiUe of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording Information on Page 7 of this form shall be submitted to the Conservation Commission listed below. Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservatlon Commission. TO:.---.- ----- - n._ - -... ._n. __nun_ u___. uuu, n. ____. -.. '__" ___ __ _- n_ .....__n___n... .'.n_'_ nn. n___n nn___ --.. ConservaUQn Commlsslon Please be advised that the Order of Conditions for the Project at: Project Locatlon OEP File Number Has been recorded at the Registry of Deeds of: County for: Book Page Property Owner And has been noted in the chain of title of the affected property In: ~ ... ~ ~$ u='j t-t:: ~~ I !?g :x:~ ~;o ;o~ :;' ~. e... ~.... ~.g' ",rr .....~ ~~ Book Page In accordance with the Order of Condllions Issued on: Dale If recorded land, the Instrument number identifying this transaction Is: Instrument Number If registered land, the document number Identifying this transaction is: o ... ~ \g, '" Document !'lumber Signature of Appl!canl ".114 11 a/' 0....; . ~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 '~-:!;i~ C-,d,-, -' .~,. ~:::. -:i": :~:,:-~ . - - :::0 ::J: m :;J:::o ----"-" :::0 0' - ,n :;J:::> \.Q (;; 00 Date: March 11, 2011 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 068-10 Owner/Applicant: ~chael J. Farello and Catherine Farello 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 TlfZNntJ:; tfi LSM>) Edward S. Toole, Chair.man 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 30, Parcels 54 and 54.1 7 & 9 Jefferson Avenue Residential - 1 Lots 1 and 2, Plan Book 49.G Book 1247, Page 319 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, February 10, 2011, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of MICHAEL J. FARELLO AND CATHERINE FARELLO, c/o Vaughan, Dale, Hunter, Stetina, and Beaudette, 2 Whaler's Lane, PO Box 659, Nantucket, MA 02554, File No. 068-10: 2. Applicants are requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139-32 (Variances) from the intensity regulations found in Section 139-16 (intensity regulations - setbacks) in order to site a porch and step as close as 5.25 feet from the front yard setback in a zoning district that requires a front yard setback of 10 feet due to wetlands constraints on the Locus. The Locus is situated at 7 & 9 Jefferson Avenue, is shown on Nantucket Tax Assessor's Map 30 as Parcels 54 and 54.1, is shown as Lots 1 & 2 in Plan Book 49.G, and title is recorded at the Nantucket County Registry of Deeds in Book 1247, Page 319. The property is zoned Residential - I. 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. Staff received letters from the abutters who are in opposition to the proposed project. 4. Attorney Howard Speicher and Architect Matt MacEachern represented the Applicant. Attorney Speicher stated that the 1 Applicants are requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139-32 (Variances) from the intensity regulations found in Section 139-16 (intensity regulations) in order to site a porch and step as close as 5.25 feet from the front yard setback in a zoning district that requires a front yard setback of 10 feet. The Applicants propose to site the porch and steps in the because of the existing wetland constraints on the According to the survey presented at the hearing, only the Locus is available for a building footprint due abundance of wetland constraints on the Locus. setback Locus. 5.5% of to the Attorney Speicher explained that the Locus currently does not have any structures on it and the Applicants are proposing to construct a modest 899 square foot dwelling. The reason why the Applicants propose to site the deck in the front yard setback is that the Applicants are bound by the restriction from the Conservation Commission that prohibits them building within the 50 feet of the wetland. Attorney Speicher addressed the drainage concerns that were brought up in the letters submitted by the abutters. Attorney Speicher stated that drainage issue had been vetted by the Conservation Commission and that the Board of Appeals did not have any jurisdiction over the drainage matters. 5. Attorney Sarah Alger, representing the McCoslands, suggested to the Board that the present Application does not meet the threshold for Variance relief because the proposed work will in fact be detrimental to the neighboring properties and the zoning district in which the Locus is situated. 6. The Board questioned why the deck needed to be added to the structure and wondered if the Applicants had proposed a more modest structure to the Historic District Commission for approval that did not require a deck sited in the setback. The representatives for the Applicants indicated that they could design something that could meet the zoning requirements of the Residential I zoning district, but did not present such a design to the Historic District Commission. 6. Therefore, after a discussion with the Counsel for the Applicant, the Board finds that Variance relief for the subject property is not appropriate as siting a deck in the front yard setback will affect the . zoning district in which the Locus is situated, despite the unique soil conditions, shape or topography of the land due to the abundance of wetlands on the Locus. Accordingly, the Board finds that owing to circumstances relating to the soil conditions, shape or topography of such land and 2 -"" ." especially affecting such land but not affecting generally the zoning in which it is located, a literal enforcement of the provisions of this chapter would not involve substantial hardship to the applicant and desirable relief may not be granted without substantial detriment to the public good and would nullify and substantially derogate from the intent or purpose of the zoning bylaw. Some of the Board also expressed frustration because the Applicant could have designed a house that would not require Variance relief because the house would be sited outside the setbacks. 7. Accordingly, a motion was made to approve the requested relief by Variance relief and by a vote of ONE in favor and FOUR opposed (Koseatac, Toole, Angelastro, McCarthy opposed) the relief was not granted for lack of a super majority. SIGNATURE PAGE TO FOLLOW 3 .- Dated: ~6ftl to , 2011 Michael Angelastro. COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. ~l.a~ ID ,2011 ~ day,of /1,.l, 2011, before me, 1I1e Wldersigned Notary Poblic, persooally appeared \ f.,~ , who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me tha~/she signed it voluntarily for its stated purpose. ~\\\\lIII~. ~.. 'lH;~~-%~~ ..\ ',i.."If~,... "-<t ~ .~, .- ,'>V l~ ',.' ,'A 'fJ: 0':"'_\>-\'" (j "'~~ 111~ It""" ') ~~ S:;~ ',\ \ 'I' :<C;.; ~n-~'~-p .: i i -;:- \ ". Ie -.. ii:-;: \'\'{::, ," : i ~ -;.'\..; \..~ \, fI . ~ ~ ..~ 'J:/" '.' E ~ '#,~,;.; - ,. I ~ 06',,' c:(.~.,r.< ~ M ~>b"",' '. ',' ,-....~~' ~.Ilitf:~~ , .'" ~-_.....- '/J//t, :.; , ~ .\\...V J..:~.. . d.. ...'. ,~." 4