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020-11 White, David P.
SARAH F ALGER, P.C. -� —{ s ATTORNEY AT LAW M Two Soun{ WATu Sir • NAN7uc�r, Wssa cHusm-rs • 02554 - nurHoNE: 508 - 228 -1118 FAcsmuE- 508 - 228-8004 T SAM F. ALM Frye Pain RaAcr f sr Q"a Banc 449 sfn�tnrabintgerpaoom OsfMUE, M9&A WWM • 02655 maHom 508. 428-8594 508.420 -3162 JOM LALM February 14, 2011 1931 -2007 BY HAND John Brescher, Administrator Nantucket Zoning Board of Appeals 2 Fairgrounds Road Nantucket, Massachusetts 02554 Re: 2 Hussey Street Nantucket, Massachusetts Map 42.3.1, Parcel 119 Dear John: I am enclosing in the above matter four (4) application packets, which include the following: 1. Application with addendum; 2. Locus Plan from Nantucket Tax Assessor's Map Book and GIS Map; 3. Existing Conditions Plan; 4. Abutters' list; 5. Two (2) sets of mailing labels; and 6. A check in the amount of $300.00 for the filing fee. Please place this matter on the Board's agenda for its hearing on March 10, 2010. If you have any questions or need anything further, please let me know. Thank you. Sincerely, 3 h' v is SFA /hjv Enclosures FEE: $300.00 NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MA 02554 APPLICATION FOR RELIEF CASE NO. 00 – It Owner's name(s): David P. White Mailing address: c/o Sarah F. Alger, P.C., 2 South Water Street, Nantucket, MA 02554 Applicant's name(s): Same Mailing address: Locus address: 2 Hussey Street Assessor's Map/Parcel: 42.3.1 -119 Land Court Plan/Plan Book & Page/Plan File No.: Plan Book 16, Page 34 Lot No.: Lot 2 Date lot acquired: 7/20/79 Deed Ref. /Cert. of Title: Book 171, Page 206 Zoning District: RCDT Uses on Lot – Commercial: None X Yes (describe) Residential: Number of dwellings Duplex Apartments 2 Rental Rooms Building Date(s): All pre -date 7/72? No. or Building Permit Nos: BP- 2010 -0587 Previous Zoning Board Application Nos.: 015 -97 C of O(s)? Yes State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By -law, and supporting details, grounds for grant of relief, listing any existing nonconformities: I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: 4SOAA R �'JLQ.,�1 I V Applicant Attorney /Agent X (If not owner or owner's attorney, please enclo e p oof of agency to bring this matter before the Board) FOR ZBA OFFICE USE Application received on: / / By: Complete: Need copies ?: Filed with Town Clerk: / / Planning Board: / / Building Dept.: / / By: Fee deposited with Town Treasurer: / / By: Waiver requested ?: Granted: Hearing notice posted with Town Clerk: / / Mailed: / / I &M: / / & Hearing(s) held on: / /_ Opened on: / / Continued to: / / Withdrawn ?: / / DECISION DUE BY:—/—/— Made: / / Filed w/Town Clerk: / / Mailed: DECISION APPEALED?:—/—/— SUPERIOR COURT: LAND COURT Form 4/03/03 .. M 0 5 The Applicant seeks to modify the relief granted by this Board on March 19, 1997 in its File No. 015 -97 by deleting the requirement that either or both of the apartments be occupied year -round only. The Locus is located at 2 Hussey Street and is zoned RCDT. RECENED BOARD OF ASSESSORS FEB 0 3 hil TOWN OF NANTUCKE MA i TOWN OF NANTUCKET ZONING BOARD OF APPEALS � �s• o0 LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF PROPERTY OWNER: David P. White MAILING ADDRESS: c% Sarah F Alger P.C., 2 South Water Street, Nantucket. MA 02544 PROPERTY LOCATION: 2 Hussey Street ASSESSORS MAP/PARCEL: Map 4i3. 1 Parcel 119 SUBMITTED BY: Sarah F Alger P.C. - 508- 228 -1118 SEE ATTACHED PAGES I certify the foregoing is a list of persons who are owners of abutting the 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, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.= Section 139 -29D (2) 10 `Z' diu) ASSESSOR'S OFFICE TOWN OF NANTUCKET S H " E H a a aO H H H H N w Y E Ea E/ H W W W F W H W W W W E E H H W■ E H H ■ ■■ W W W W W W H N F F W W ■ W W W H F E H W W■ W■ W W W ■ ■■ H E W W■ / ■ b n A A m■ f N O O O O m b A b b r ! N w A f N n A 0 0 0 0 p f! A A n A A A A A' n N!! f f f f! a�•ff A A A! N .i A n ei N f A A N w r .� ei FlI ei 'a e/ A A A A m w ' w A ! O f!!! f A! O b f 0 b N d! n! f f f f!! f f f f! 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PARCM-M :. 04,000 42.42 -36 42.12-3 4 • 1 42.12-35 ;. ,Sy.3 42.42 -2i U-( w 4 e 7 10? st �, as tit o S` . REET F g.l ao CHESTNUT., z - 9 rz -20 46 74 66 V` 5 71 - ``Bp► 61 66 112 67 73 �►. TO STREET 125 i r1USSEY 7 120 i nr IN.p1A 36 'J'�`IBERTY 56 I P�� t� STREET ST RE�� 127 .`aiD`P 124' 1L3 226 125 ,A% Ot • s,i9 STREET o+ *�E�Vo -.1 a 126 m r 166 167 J 166 •• 170 m A d 153 172 O 'Los .5 w V 173 Q� NANTUCKET LODGE* N t0� F- W W F 07 c ' 206 207 s0 a `i9 ROMAN 'CATHOLIC ARCHBISHOP N • i tA6.% E� S G PR�N /H V 4J 0 V •J 91 c `7` 0 9 0 w c M W aC i 9 Q IO i.+ c a ai C C E 0 0 N J CA W N N = _ �i N D c M O ..1 O O L U a 3 d N V � IL a � C � O C IV imm ,q:;.* 3 (n u -@ c U c aC O a� C C C h 4F4 a �o fV 0 a O 0 Ln O . N O Ln E N N � U- Q O N a� C O � o U) 0 crn .-i 0 m V H 0 d v O Y rn 0 N W U G N rl u O p , N yOj (4 CO Z O > ^ m O Q O O O m Z o 4& o o c U. d d N V Co N V V m . O Q W io O c �, H m O 3 d N V � IL a � C � O C IV imm ,q:;.* 3 (n u -@ c U c aC O a� C C C h 4F4 a �o fV 0 a O 0 O . N O E N � U- O N a� C O � o U) 0 crn .-i 0 m V H 0 d v 0 y o 10 o 0 G 'y 0 G N rl *� y N N yOj (4 > ' c > > Ul O a c ~ �c J c c ~ c U. 3 d N V � IL a � C � O C IV imm ,q:;.* 3 (n u -@ c U c aC O a� C C C h 4F4 a �o fV 0 a 0 O . N O N � %0. O N � 0 0 crn .-i 4A- AO)- 4A- Vl-+fr Im c 3 = a m °> > 0> > m O W O a ° ~ m ~ U. 3 d N V � IL a � C � O C IV imm ,q:;.* 3 (n u -@ c U c aC O a� C C C h 4F4 a �o fV 0 a 1 1 G - 1 ~ ® ~ ~ t D ~ ~ s ~~ 49 a ~.N -- w -~' b~, - -- - ~ ~ _ '~ ~ A H M q 6 I t ' ~ O~ M O Q ~s ,oy ~ S I I M~ . O I ~ g ~ ~ ~' _ ~ _ ~ a - o Q ~ , ~ Q © .o .~ ~. o 0 o ~ ~ ~ ~ -- .o o © ~ © o ~ I ~~ 6 ~ o o © . I i II ~ O ~'~~ ~ O R ~ ~ +- __ __ -------- Q Q `\ ` pQ :€ .~ ~ ~S ~ ~ ~ ~ ~ ~ ~ Ip ~ 0 ~ ! -ij C a ~ II T~ ~ , • ~ :~ S a o t' ~. .. U ~} ~ . ~ g ~ ~ ~^~' Mr. David White . NANTUCKET ARCHITECTURE GROUP ~~., ~ 2 Hussey Street, Nantucket, MA . ~+~'s-n~s~~s-F+isroruc rr~s~Anw+-~wvsr.+w~ N :. ° ~ Map: 42.3.1 Parcel: 119 P05T OFFICE BOX 1814 NANTUCKET-MASSACHUSETTS-02554 'TELEPHONE 508-228-5631 FAX 325-4284 ~ a ~0 ~ ' Mr. David White ~ 2 Hussey Street, Nantucket, MA ~" ~~ Map: 42.3.1 Parcel: 119 U ' NANTUCKEt ARCHITECTURE GROUP ARLFIREGTS-DESKiNERB-HISTORIC PRESERYAilON~1ND~af.APE POSt OFFICE BOX 1814 NANTUCKET- MASSAGHU5ETf8-02554 TELEPHONE 508-22.8-5631 FAX 325-4284 D ~ _~ I 'I • ® m ® . O ~i- © p • ~~ o ~ ~ ~ -- p O ® O O I ; O O p I i i O i p. ~ ~ p ~ ~ L p z ~ a .z I - - N ~ a ~ ~ . . ~ u o.. o ~ n~ Existing Condition Plans For: NANTUCKET ARCHITECTURE GROUP o # Mr. David White n~cxii~crs-n~N~s-H~s~c P~s~re'^na+-~^a~c^r~ ~--+ „ ° ~ 2 Hussey Street, Nantucket, MA POST OFFICE BOX 1814 i •~~O Map: 42.3.1 Parcel: 119 NANTUCKET- MASSACHUSETTS-02554 } •~° TELEPHONE 508-228-5631 FAX 325-4284 ~° 3 o ~ ~ .Existing Condition Plans For: Mr. David White A 2 Hussey Street, Nantucket, MA Map: 42.3.1 Parcel: 1 l9 U NANTUCKET ARCHITECTURE GROUP n~+~crs-oESs-H~smzic rr~sEr~nnoN-LnNVSCnPe P05T OFFICE BOX 1814 NANTUCKET-MA55ACHU5ETf5-02554 TELEPHONE 508-228-5631 FAX 325-4284 Impression antibourrage et ~ s~dtage rapide ® wuvw averycom Utilisez le gabarit 5160® ~ 1-800-GO-AVERY Forty-Eight Centre Street Inc. EMMA LLC 48 Center Street c/o Dr. Thomas Ginnley Nantucket, MA 02554 700 Old Gulf Road :Bryn Mar, PA 19010 Five Chestnut Street, LLC c/o Paul S. Jensen, P.C. P.O. Box. 3097 Nantucket, MA 02584 Deborah N. Dunham 3979 Hancock Forest Trail Annandale, VA 22003 Jermifer B. Nelson 1238 Canton Avenue Milton, MA 02186 APT Holdings, LLC c/o Patricia Lassiter 330 Beacon Street, #C115 Boston, MA 02116 Bernard L. & Carol L. Coffin P.O. Box 1881 Nantucket, MA 02554 Catherine M. Dutton & Gardiner Dutton, Trustees P.O. Boz 1046 Nantucket, MA 02554 Charles Carl and Diane Carl 2 Chestnut Street Nantucket, MA 02554 Elizabeth Mary Flanagan P.O. Box 214 Nantucket, MA 02554 Albert P. Minucci and Judith A. Minucci P.O. Box 194 Barnstable, MA 02630 Charles G. Carl, Trustee Chestnut Realty Trust 3 Chestnut Street Nantucket, MA 02554 Rhoda H. Weinman, Trustee Paddock House Nominee Trust c/o CW Livingston P.O. Box 2518 Nantucket, MA 02584 i .Vanessa Noel Ginley c/o Paul S. Jensen, P.C. ' P.O. Box 3097 ~ ~ Nantucket, MA 02584 i ;, i Frederick R. Wallhausser '~ P.O.Box616 ' Stockbridge, MA 02162 'Bernard L. & Carol L. Coffin c/o Laurance Clark 79 Pleasant Street Marblehead, MA 01945 Rhoda H. Weinman P.O. Box 1365 Nantucket, MA 02554 Darcy Creech ' 16 ifz Federal Street ` Nantucket, MA 02554 Irene M. Beach, Trustee 'Beach Nominee Trust ~ P.O. Box 748 i Nantucket MA 02554 ~ , 34 Center. Street, LLC .John McDermott et al 2 Greglen Ave, PMB 316 Nantucket, MA 02554 Q a~® 5160® Cobblestone Partners, LLC c/o Paul S. Jensen, P.C. P.O. Box 3097 Nantucket, MA 02584 Michael A. Molinar 99 Orange Street Nantucket, MA 02554 Michael A. & Mary Fabacher 46 Park Street .New Canaan, CT 06840 i' ~~ Banita Kern & Raj Witteborg, Trustees P,O. Box 3998 W. Sedona, AZ 86340-3998 Kenneth B. Spatola 2 Kings Hi way, Unit 3 Hampton, NH 03842 Regina Reid P.O. Box 205 Nantucket, MA 02554 Center Street Ackquisition, LLC ' 11 India Street 'Nantucket, MA 02554 Edward S. Grennan, Trustee 24 Broad Street Realty Trust P.O. Box 1829 " Nantucket MA 02554 Hospital Thrift Shop P.O. Box 3 'Nantucket, MA 02554 John D. Warner, Trustee c/o Beth Hanlon P.O. Box 657 .Nantucket, MA 02554 . ......, - - --- -~- n ~ end-o~os-i pis ~.~r~awa.i. ~-e eSn impression arrtibourrage et a s~thage rapide ~ www averycom Utilisez le gabarit 5160® ~ 1-800-GO-AVERY Donald E. DeMarco David Masters, Jr. and Cielo 240 E. 79`~ Street, #4 Masters New York, NY 10021 7 India Street Nantucket, MA 02554 Paula W. Gold c/o Plymouth Rock Assurance 695 Atlantic Avenue Boston, MA 02111 13 India Street LLC 270 Madison Avenue, 16~' Floor New York, NY 10016 J Pepper Frazier, Trustee Treetops Realty Trust 19 Center Street Nantucket, MA 02554 Ann Teasdale P.O. Boa 157 Nantucket, MA 02554 7 Petticoat Row LLC 19 Center Street Nantucket, MA 02554 Michael F. Orr, Trustee 2003 Sally Orr QPRT 455 East 57`~ Street, #4A New York, NY 10022 Peyton S. Hawes, Jr. et al 2467 Montview Drive NW Atlanta, GA 30305 Thomas A. Twomey and Judith Hope P.O. Boz 9398 Riverhead, NY 11901 Loise B. Chapin 2700 Geysers Road Geyersville, CA 95441 George F. Baker and Sarah J. Baker 3711 San Felipe #9C Houston, TX 77027 Mariner House Ltd. c1o Canty Property Management . 56 Cato Lane ~ 'Nantucket, MA 02554 j~. 9 Petticoat Row, LLC 19 Center Street :Nantucket, MA 02554 Elizabeth P. Frazier 19 Center Street Nantucket, MA 02554 'Francis X. Farrell 4 Westmoor Lane Nantucket, MA 02554 Nina Hellman 48 Center Street Nantucket, MA 02554 ;Carol M. E. Cross, Trustee CCME Revocable Trust 20 India Street . ;Nantucket, MA 02554 i ;Leroy G. Palmer 7 Hussey Street Nantucket, MA 02554 Alfred Bornemann et al, Trustees c/o Toni McDerrow 106 W. Chester Street 'Nantucket, MA 02554 /~~® 5160® NIR Retail II LLC c/o New England Development One Wells Avenue Newton, MA 02159 Susan Jean Cavanaugh ` 59 Lansdowne Road .London W112LG England ;. i . _ ._ _. Susan Handy et al, Trustees Word of Mouth Realty Trust 10 India Street Nantucket, MA 02554 13 Center Street LLC 19 Center Street Nantucket, MA 02554 Preservation Institute of Nantucket c/o Bruce Delaney P.O. Bog 14425 'Gainesville, FL 32604 Robert J. Rebhan & Cynthia B. Rebhan 932 Baldwin Road :Woodbridge, cT 06515 Dale & Susan Hamilton 4 Quince Street .Nantucket, MA 02554 ~;: .- - ___ ' ,Clarissa Porter et al Life Estate ~' ~ 2026 Dartmouth Place Charlotte, NC 28207 Jane L. Bacon et all, Trustees c1o Kathleen Tyrer Vasell 900 Union Street E. Bridgewater, MA 02333 Christopher P. Karlson, Trustee c/o S. Manolis, Suite 316 138 Palm Coast Pkwy NE Palm Coast, FL 32137 ne ~ c ..,. i ~^~ w ~ A!l3111~0~-008-L ~ ~09L5 3J.117dW31 ~a~-1i- ~(1 Impression arrtibourrage et ~ s~chage raplde ® www.averycom Utilisez le gabarit 5160® ~ 1-800-GO-AVERY Stephen E. Bepler and Kim B. Vuk Bulajic & Polly Morozov Bepler 6 Stewart Road P.O. Bog 5010 Esseg Fells, NJ 07021 Monroe, CT 06468 Eighteen Broad Street, LLC Tracy W. Root & Susan Root c/o Robert Shapiro P 3310 W. Crown Pointe Blvd 218A E Eau e Blvd . #107 ;Naples, PL 34112 Indian Harbor, FI: 32937 ~; ,. errs 0 A1/E1Z1f® 5160® Robert J. Miller & Carol A. Miller 4 Washington Street Nantucket, MA 02554 Nantucket Islands Land Bank 22 Broad Street Nantucket, MA 02554 Twenty Four Broad Street, Inc. ~ ~ Priscilla E. Whalley Trustee P.O. Bog 1829 PE Whalley Revoc Trust Nantucket, MA 02554 52 Center Street Nantucket, MA 02554 _-. - - - ----~- rl ~ one-a-~-oos-i .~~ ®O9is at~naw~.~-d eSn T.. --~ :;~~.: -- _~ .~ .ryv TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, M A~ 02554 ~. '~~~.. File No. • 2~Oih I -111,~4;'llill Iviap ~-, .. "' I Parcel. ';' ;: 'i;!I This agreement to extend the time limit for the Board of Appeals to make a decision, hold a public hearing, or to take other action concerning the application of -m •i :: ,..,. ':e,• n•,c+dn„ :nnr r, ~., i ':Ir '.'I: .:C 4'r i',a,: I! Irg Pi;:7f:gr.;;:!fii k%:~:;'!!Ril ;'I Ir;:p6P'!`ii'i i ~'!I'.P~I;';"I~+'~ I. i "~'' ,ti, :! I::: i; rj silo' :, ! : Li , ~: I I'I ail L, I I; iii,: 1~,;,,,i. ,::,:il, ,; I. ,,,n,,tll,i,. li'~;~,!:,., i 1 i P~i~~~IP~•"~li::,~ih~i~e• '~~I I,fllil i~h. PiI'~~u!:I~III,..I~ ;i;III IU I~tlel~l~ll~lil la !I ~I,,,. ~r~::ja •~ I:: iil".aL IILI:: L.>.•.d~.ull Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40.E of the VLassachusetts General Laws, Applicant(s)/Petitioner(s) and the Zonhg Board of Appeals hereby agree to extend the time limit For a public hearing on the application ~ For a written decision lil3ejilq 5i iil;.a 11"~'?I II;I' :..a:iiej ~l•.i;li: 'Is :I'il"II I l i ; ,I,:;: I. ~ .n: :,. l:`";al:,~~,j;;,:, '„ t; 11 l,: i,~i u O For other action' ;..n ~ + I ,i :S i I......,• ~ I ill cl~ ~ ~ I ~~ ~.tt.n:, .r~n.:i. , .G,•. I~ ; iI~I.:. o . ~:e:' I;, I.:.'~, :.t,r.': Such application is: I O An appeal from the decision of any administrative official A petition for a special permit ~~ O A petition for a variance O An extension ~~ O A moclification The necv time limit shall be midnight on DEe~~ext::il31il:;y+L p~~,::,.;,:ti:~ iila~i~Ilici:i~!I'I <IIII<~IIIIh which is not earlier than a time limit set by stahrte or bylaw. The Applicant (s), attorney, or agent for the Applicant represented to be duly authorized to act in this matter for the applicant, in executing this agreement waives any rights under the Nantucket Zoning Bylaw and the State Zoning Acp; as amende~, ~ o the extent, but only to the extent, uicansistent with this agreement. For For Zoning Board of ,,;,;I; , :. ,. , ...ri; r ~ I r,'r i ,.,, ~ . ~ ,: -;; •ri ,,,~r n^; R' "' +~ Town Clerk Stamp: 1 .I 'i.' ;:I i,iliill{'ilj• !li Ljru',,.;,r~ I':i•I.I . I~I'II;'tI~I II:I'i',: •:.i:ll; r .,14II, .1:1~'i!::I'I;% !'I• I:IIi.; t.:.:..1'.' )~:ffective Date of Agreement 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-72]5 telephone 508-228-7298 facsimile TOWN OF NANTUCKET BOARD OF APPEALS _ NANTUCKET, MA 02554 ,~, ~, WITHDRAWAL FORM ~~qq ~ File tN11o. U~~ - It ~'~. Map"~'~~~•~ Parcel «~ APPLICANT(S): ~IlVt1 i • ~1~L UPON THE REQUEST OF THE APPLICANT(S) MADE: PRIOR TO k AFTER PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE ABOVE CAPTIONED APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS: ACKNOWLEDGE AS A MATTER / RIGHT AND WITHOUT PREJUDICE (\ APPROVE WITHOUT PREJUDICE APPROVE, BUT WITH PREJUDICE THE WITHDRAWAL: IN FULL OF THE SAID APPLICATION 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile r ~ '~' _ ': iSl; `.~:~Y i` yP . {~~ ~ :: ~:'i TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 v Date: August 12, 2011 0, To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: Owner/Applicant: 020-11 DAVID P. WHITE Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing a complaint in Land Court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. ~~~ ~ ~~~ Edward S. Toole, Chairman cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-228-7215. NANTUCKET ZONING BOARD OF 2 Fairgrounds Road Nantucket, Massachusetts Assessor's Map 2 Hussey Street Book 171, Page DECISION: 42.3.1, Parcel 119 206 APPEALS 02554 Plan Book 16, Page 34 Commercial Downtown 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, July 14, 2011, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of DAVID P. WHITE, C/O SARAH F. ALGER, P.C., 2 SOUTH WATER STREET, NANTUCKET, MA 02554, File No. 020-11: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A.(4) (alteration of preexisting nonconforming structure) and a modification of the decision in File No. 015-97 in order to convert the structure on the Locus to one single-family dwelling, including lifting the structure to put a foundation with a full basement in its existing location and making changes to the roof pitch, in its existing location and constructing an addition to the structure that will comply with all dimensional requirements of the By- law, with parking continued to be waived as necessary. The structure is nonconforming as to rear-yard setback by having a setback of only 0.1 feet where 5 feet is required and by having a lot area of only 2,650 feet where 3,750 feet is required. The Locus is situated at 2 Hussey Street, is shown on Nantucket Tax Assessor's Map 42.3.1 as Parcel 119, is shown as Lot 2 in Plan Book 16, Page 34, and title is recorded at the Nantucket County Registry of Deeds in Book 171, Page 206. The property is zoned Commercial Downtown. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation, on the basis that no matter of planning concern 1 was presented. There was a letter on file with the Zoning Board of Appeals in opposition to said application. 4. Attorney Sarah Alger represented the Applicant at the hearing. Attorney Alger explained that the Applicant is requesting a modification in order to convert the structure on the Locus to one single-family dwelling. The Applicant also intends to lift the structure in order to put a foundation, with a crawl space or full basement, in its existing location or a more conforming location and to change the roof pitch of the structure, including the portion of the structure that is within the rear yard setback. Attorney Alger also explained that the Applicant further intends to construct an addition to the structure that will comply with all dimensional requirements of the Bylaw. 5. The structure is nonconforming as to rear-yard setback by having a setback of only 0.1 feet where 5 feet is required and by having a lot area of only 2, 650 feet where 3, 750 feet is required. The proposed modifications and alterations will not affect the Locus in any way that will increase the existing nonconformities or create any new nonconformities on the Locus. As the Applicant has the benefit of Special Permit in 1997 (Decision No. 019-97) that waived the required parking on the Locus, the Applicant also requests that the previously waived parking remain waived. 6. Accordingly, the Board of Appeals, by unanimous vote of the sitting members, found that the proposed modification of the decision in File No. 015-97 in order to convert the structure on the Locus to one single-family dwelling and the alteration to lift the structure in order to put a foundation, with a crawl space or full basement, change the roof pitch of the structure, and create an addition that will comply to the zoning requirements of the Bylaw will be in harmony with the purpose and intent of the Zoning Bylaw and the proposed alteration will not be substantially more detrimental to the neighborhood than the existing nonconformity. Therefore, the Board granted relief with following conditions: a. There shall be no exterior construction between May 1st and October 1st of any year; b. All work shall be done in accordance with the plan entitled ~~Zoning Board of Appeals Application," dated July 8, 2011, prepared by 2 Emeritus Development, ~~Exhibit A"; and, c. All work shall be done with Historic District Appropriateness Number SIGNATURE PAGE TO FOLLOW Ltd, attached hereto as in substantial compliance Commission Certificate of 56616, as may be amended. 3 Dated: August ~~ 2 Mark Poor COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. ~~ ~ ( , 201 l this ~~ day of ~, 2011, before me, the undersigned Notary Public, personally appeared ~f ~ 1~6, ~~ ,who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he/she signed it voluntarily for its stated purpose. G f/h• Notary P ic: ~{,~ Kj~ln. My commission expires: ~~~~~~ ~~ 4 ,~ , . ~X ~D~ ~ CnT3~ ~ ON 1 o •~ r ~'~ ~ (O N O" O.. (n ~ Cn C ~ ~ 6 O ry (D N 3 ~ ,~', C7 G1 C7 ~ m ~ n n o ~• m ~ ~ n • C7 ~c ~c- ~c ~ ~ 3 co ~•• ~_ ~ ~ ~ Oo Ut1 V W CTOZ W ZJ~ O W m~U V ~~ O CJt nfU m O~ 0 0 ~ N~ ~ W ~ 4 O O '~ ., ~ N ~ + O » ~ O ~ 9 42.3.1-118 0 0.~ ~ ~ N ~ 35.20 w I ~ I o I N j I µ a ~ I :~ ~z~z ~ ~,~~~ v~ I ° ~ o.zt ~~- ~~ . ~~ ~ I i ~ ~ j o 18 '^ N O is m I v ~ N cl ~ ~ C ~ ., ~ ;I / ~ ~ ?1 I _ / o ~ z ~ 6.7t I / N' N~ ~ Fr. W C ~ n W- ~ ~ N i V ~ n lD ~"~ O c 5.3t -- - o° v~ 1 36.24 Zoning Board of Appeals Application 07.08.11 VAUGHAN, DALE, HUNTER, STETINA AND BEAUDETTE PROFESSIONAL CORPORATION ATTORNEYS AT LAW WHALER'S LANE EDWABD FOLEY VAUGHAN P.O. BOX G59 KEVIN F. DALE NANTUC%ET, MASSACHUSETTS 02554 WILLIAM F'. HUNTEE MAETIN cTEFFEEY STETINA TEL:15081228.4455 FAX: (5081228.3070 RICHARD P. BEAUDETTE Lori DBLIA August 30, 2011 Hand Delivered Catherine Flanagan Stover, j Nantucket Town Clerk 16 Broad Street == Nantucket, MA 02554 ~`=~ .~, NOTICE TO TOWN CLERK PURSUANT TO G.L. c. 40A, ~ 17 Dear Madam: I, Richard P. Beaudette, Attorney for 34 Centre Street, LLC, John McDermott, and Victoria McManus ("Plaintiffs"), hereby provide notice that Plaintiffs have this day filed an appeal in the Nantucket Superior Court of the August 11, 2011 decision of the Nantucket Zoning Board of Appeals in File No. 020-11 which was filed with your office on August 12, 2011. Said decision granted David P. White a Special Permit relative to 2 Hussey Street, Nantucket, Massachusetts. A copy of the complaint filed in the Superior Court is attached hereto, pursuant to G.L. c. 40A, § 17. Thank you for your attention to this matter. Please call me at 508-228-4455 should you have any questions or concerns. Sincerely, Richard P. Beaudette Enclosure Cc: 34 Centre Street, LLC UAUGHAN, DALE, HUNTE$, STETINA AND BEAUDETTE PROFESSIONAL CORPORATION ATTOaNF:YS AT LAW WHALEa'S LANE EDWABD FOLEY VAUGHAN P.O. BOX G59 KEVIN F. DALE NANTUCHET, MASSACHUSETTS 02554 WILLIAM F'. HUNTEa MAFTIN JEFFEEY STETINA TEL 15081 2 28-445 5 KICHABD P. BEAUDETTE FA%: (508) 228.3070 Loaf D'ELIA Hand Delivered Mary Elizabeth Adams Nantucket Superior Court Clerk Nantucket Superior Court P.O. Box 967 16 Broad Street Nantucket, MA 02554 August 30, 2011 Aur 3 ~ zot' ~~'~IVTUCK~ g PERIOF~ .._._CO~~pr.., ^_ Re.: 34 Centre Street LLC, et. al v. Edward S. Toole, et al Dear Ms. Adams, -- 9 .. w Enclosed please find for filing an original Complaint in the above referenced i~ matter and supporting material, as well as a civil action cover sheet and a filing fee inIl'ie amount of $275. Ins Please call me at 508-228-4455 should you have any questions or concerns. Sincerely, RPB Enclosure Cc: 34 Centre Street, LLC Michael J. Wilson, Attorney Sarah F. Alger, Attorney Richard P. Beaudette TRIAL COURT OF THE COMMONWEALTH SUPERIOR COURT DEPARTMENT NANTUCKET DIVISION CIVIL ACTION NO.~-~ ~ ~ - 5 34 CENTRE STREET, LLC, JOHN ) MCDERMOTT and VICTORIA ) MCMANUS, ) Plaintiffs, ) v. ) EDWARD S. TOOLE, MARK POOR ) KERIM KOSEATAC, LISA BOTTICELLI, ) and DALE WAINE, as they are Members ) of The NANTUCKET ZONING BOARD ) OF APPEALS, and DAVID P. WHITE ) Defendants. ) AUG 3 ~ 2011 l~;~t~TUCKET SUPERIOR _- w COMPLAINT _ This is an appeal pursuant to G.L. c. 40A, § 17 from the July 14, 2011, decision of the Nantucket Zoning Board of Appeals (the "ZBA" or "Board") in ZBA File No. 020-11 (the "Decision"). The Decision grants a Special Permit to the improved real estate located at 2 Hussey Street, Nantucket, Massachusetts, and shown as Lot 2 on Plan recorded at the Nantucket Registry of Deeds in Plan Book 16, Page 34 (the "Locus"). As set forth below, the Decision exceeds the ZBA's authority. The Applicant, David P. White ("Applicant" or "White") applied for a Special Permit from the ZBA to build an addition to the existing structure on the Locus and change the use of the Locus from a two dwelling unit use to a primary single family residence. The Decision is erroneous, exceeds the Board's authority and is in violation of the Town of Nantucket Zoning Bylaw ("Bylaw"), because it allows a single family primary dwelling to be constructed in the Commercial Downtown ("CDT") zoning district. Pursuant to the Bylaw 139 § 7, a single family primary dwelling use is only permitted as an accessory use ancillary to a primary use allowed in the zoning district. Accordingly, the Court should annul the Decision and direct the ZBA to deny the relief requested. A certified true copy of the Decision appealed from is attached hereto as Exhibit "A." JURISDICTION The plaintiff brings this action pursuant to M.G.L.c. 40A, §17 which confers jurisdiction on the Superior Court in the District where the land lies. PARTIES 1. (a) The defendant, Dale Waine, is named in his capacity as member of the Zoning Board of Appeals for the Town of Nantucket, located at Two Fairgrounds Road, Nantucket, County of Nantucket, Massachusetts, 02554. Upon information and belief, Mr. Waine resides at 11 Bishops Rise, Nantucket, Massachusetts, 02554. (b) The defendant, Kerim Koseatac, is named in his capacity as member of the Zoning Board of Appeals for the Town of Nantucket, located at Two Fairgrounds Road, Nantucket, County of Nantucket, Massachusetts, 02554. Upon information and belief, Mr. Koseatac resides at 2 Chester Street, Nantucket, MA 02554 (c) The defendant, Lisa Botticelli, is named in her capacity as member of the Zoning Board of Appeals for the Town of Nantucket, located at Two 2 Fairgrounds Road, Nantucket, County of Nantucket, Massachusetts, 02554. Upon information and belief, Mrs. Botticelli resides at 24 Pine Street, Nantucket, Massachusetts 02554. (d) The defendant, Mark Poor, is named in his capacity as member of the Zoning Board of Appeals for the Town of Nantucket, located at Two Fairgrounds Road, Nantucket, County of Nantucket, Massachusetts, 02554. Upon information and belief, Mr. Poor resides at 8 Deer Run Road, P.O. Box 3363, Nantucket, Massachusetts, 02584. (e) The defendant, Edward S. Toole, is named in his capacity as Chairman of the Zoning Board of Appeals for the Town of Nantucket, located at Two Fairgrounds Road, Nantucket, County of Nantucket, Massachusetts, 02554. Upon information and belief, Mr. Toole resides at 28 Burnell Street, P.O. Box 725, Siasconset, Massachusetts 02564. (f) The defendant, David White ("Mr. White "or "Applicant"), is a natural person who, upon information and belief resides at 9 Mary Ann Drive, Nantucket, County of Nantucket, Massachusetts 02554. Mr. White is the record owner of the Locus and has a mailing address of P.O. Box 1812, Nantucket, MA 02554. 2. (a) Plaintiff 34 Centre Street, LLC is a duly formed Delaware Limited Liability Company qualified to do business in Massachusetts with a mailing address of 2 Greglan Avenue, PMB 316, Nantucket, MA 02554 and is the record owner of 34 Centre Street, Nantucket, MA 02554, shown as Lot 1 on Plan recorded at the Nantucket Registry of Deeds in Plan Book 16, Page 34, which directly abuts the Locus to the East. 3 (b) Plaintiffs John McDermott and Victoria McManus (hereinafter ("Managers"), are natural persons and are managers and members of the 34 Centre Street, LLC. The Managers reside at 14 Wood Hollow Road, Nantucket, County of Nantucket, Massachusetts 02554 and have a mailing address of 2 Greglan Avenue, PMB 316, Nantucket, MA 02554. FACTS 3. In February 2011, the Applicant applied to the Nantucket Zoning Board of Appeals seeking relief in the nature of an amendment to Zoning Board Decision Number 15-97 for the Locus ("Prior Relief') in order to eliminate a condition in said decision which required both dwelling units in the existing structure to be occupied by year round Nantucket residents. See Application and Addendum attached hereto as Exhibit B. 4. The Locus is anon-conforming lot with an existing structure containing two dwelling units and is located in the Commercial Downtown ("CDT") zoning district on Nantucket. The Locus has an area of approximately 1,463 square feet. The minimum lot area for lots in the CDT zoning district is 3,750 square feet. The structure does not conform to rear setback requirements in that the structure is located approximately .l foot from the rear lot line in a district requiring a minimum five (5) foot setback. The use on the Locus consists of two separate dwelling units, one on the first floor of the structure and one on the second floor of the structure. 5. The initial application filed in February 2011 and scheduled to be heard by the Board in March 2011 sought only an elimination of the condition in the Prior Decision requiring year round occupancy in the two units on the Locus. 4 6. John McDermott, Manager of 34 Centre Street, LLC attended the March 2011 hearing of the Board but the application was continued without opening the hearing and no public testimony was heard. 7. In April 2011, the Applicant changed the relief requested to include a new 270 square foot addition to the east of the existing structure as well as a request to lift the existing structure to accommodate the construction of a full basement on the premises. 8. The Applicant also included, in his revised Application, a request to modify the relief in the Prior Decision to allow the Applicant to change the use on site from a conforming two family use to anon-conforming single family residence. 9. At some time after March 2011, the Applicant submitted drawings of the proposed addition to the Board. 10. The application before the Board was postponed numerous times between March 2011 and July 2011. 11. The revised drawings included a second floor porch on the east side of the building which overlooks the Plaintiff s patio. 12. The initial drawings of the addition also include air conditioning units on the North side of the proposed house. These air conditioning units were sited below grade. 13. On July 14, 2011 the Applicant, through counsel, opened the hearing before the Board and presented the revised Application seeking Special Permit relief. 5 14. Almost no mention was made about the change of use from a two unit structure to anon-conforming single family residence at the public hearing. To the contrary, the Applicant, through counsel, indicated that the only relief necessary was to alter apre-existing structure in the zoning setback and to waive the parking requirements. 15. In addition, Applicant's counsel stated during the hearing that "we're doing away with anon-conforming use... [and] ...going to a completely conforming use of one dwelling." 16. During the course of the public hearing, the Board briefly discussed the impact of the proposed addition on neighboring properties given the close proximity of the proposed full basement to neighboring lot lines. 17. The Board did not inquire as to whether the Applicant had conducted ground water or engineering studies on the Locus to determine whether installing a full basement or crawl space was feasible. 18. On information and belief, ground water is significantly high in the vicinity of the Locus and any displacement of soil on the locus will further exacerbate a high ground water problem that currently exists in the neighborhood. 19. The Board voted to grant the Applicant's requested relief at the July 14, 2011 hearing. 20. On August 11, 2011, the Board signed a written decision granting a Special Permit to the Applicant, thereby allowing the Applicant to construct the addition with a full basement and convert the existing two unit structure to a primary single family dwelling. 6 21. The Boazd's written decision makes a specific finding that the conversion of the structure on the locus will be in harmony with the purpose and intent of the Zoning Bylaw and that the proposed alteration will not be substantially more detrimental to the neighborhood. 22. The Boazd's written decision references an "Exhibit A" Plan prepared by Emeritus Development, Ltd. which shows the air conditioning units on the East of the Locus and nearest to the Plaintiffs property. This new location of the air conditioning units was not shown on the plan submitted with the application to the ZBA. 23. On August 12, 2011, the Board's written decision was filed with the Nantucket Town Clerk pursuant to Massachusetts General Laws chapter 40A. 24. The Plaintiffs never saw, and were not given notice of, the change of design plans prepazed by the Applicant until the final signed Decision was mailed to the Plaintiff on August 17, 2011. 25. A structure including two dwelling units is a permitted use in the CDT zoning district pursuant to the Bylaw section 139-7. 26. Pursuant to the Bylaw section 139-7, a single family primary dwelling is not allowed in the CDT zoning district unless the single family primary dwelling is an accessory use and ancillary to a primary use allowed in the zoning district. 27. Accessory use is defined in section 139-15 of the Bylaw as follows: "In addition to the principle buildings, structures or uses permitted in a district, there shall be allowed in that district, as accessory uses, such activities as aze subordinate and customarily incident to such permitted uses." 28. The Board based its findings solely upon the facts and history of the Locus as presented by the Applicant's counsel. 7 29. The ZBA based its Decision, in large part, upon the statements of the Applicant's attorney to the effect that the Locus only needed relief to allow the alteration of the preexisting structure and a required waiver of off-street parking spaces. 30. The ZBA also based its Decision, in large part, upon the statements of the Applicant's attorney to the effect that a single family primary dwelling is a conforming use in the CDT zoning district. 31. The Applicant did not provide evidence or information to the ZBA as to the Applicant's ability to change the use on site to anon-conforming primary dwelling. 32. At its hearing, the ZBA had no reasonable basis to make an informed decision as to whether the Applicant could legally change the use on the Locus from a conforming two family residential use to anon-conforming primary single family dwelling. 33. The Applicant did not provide evidence or information to the ZBA as to the Applicant's ability to construct a crawl space or full basement on the Locus. 34. Plaintiffs received an "abutter's notice" of the Applicant's application to the ZBA and subsequently attended the first scheduled hearing of the Board. However, Plaintiffs were led to believe, based on the first Application, that the requested relief was relatively benign. 35. In Apri12009, the Town of Nantucket changed the Bylaw at issue to allow for a zero foot side yard setback in the CDT zoning district. This change, as agreed to by the Town Meeting Voters, shows an intent and purpose to encourage 8 commercial uses in the downtown zoning district. Typically, commercial uses do not require the privacy necessary and incidental to residential zoning districts. 36. Every residential zoning district enumerated by the Nantucket Zoning Bylaw provides, at the very least, for a minimum of a five (5) foot side yard setback from property lines. 37. The Applicant's request to construct anon-conforming primary dwelling in the CDT zoning district undermines the purpose and intent of the Bylaw by permitting the construction and use of anon-conforming single family primary dwelling in a commercial zoning district without the typical privacy setbacks which exist in residential zoning districts. (`(lT TT~TT 1 3 8. Plaintiff incorporates by reference, as though fully restated herein, the allegations set forth in Paragraphs 1 through 37 above with the same force and effect as if stated herein. 39. The ZBA failed to make specific written findings required by the Nantucket Zoning Bylaw, Section 139-33, when it granted the Special Permit at issue. The Decision lacks a specific fmding relative to the Applicant's ability to construct a single family primary dwelling on site. 40. The ZBA's Special Permit Decision exceeds its authority by granting a Special Permit to construct and use the Locus for primary single family dwelling use when such use is specifically prohibited by the Bylaw unless a primary use also exists on site and otherwise failed to either question the Applicant about its 9 legal ability to do so or include in its Decision a specific finding authorizing the Applicant to do so 41. At its hearing, the ZBA had no reasonable basis to make an informed decision as to whether the Applicant could feasibly construct a full basement or crawl space on the Locus. 42. The ZBA's Special Permit Decision exceeds its authority by granting a Special Permit to the Applicant without first requiring the Applicant to demonstrate that the installation of a full basement or crawlspace would not be substantially more detrimental to the neighborhood than a structure with no full basement or crawl space. 43. The ZBA exceeded its authority by granting a Special Permit and attaching plans to its Decision which deviated from the original plans filed with the Application. 44. The ZBA's Special Permit Decision is erroneous as a matter of law because it grants a Special Permit to use the Locus for a single family primary dwelling when such a use is specifically prohibited by the Bylaw unless a primary use also exists on the Locus. 45. No mechanism exists in the Bylaw which would allow the Applicant to obtain Special Permit relief to change the use on the Locus from a conforming two family residential structure to anon-conforming single family primary dwelling. Furthermore, Section 139-32 of the Bylaw prohibits the Board from granting a Variance to "authorize a use or activity not otherwise permitted in the zoning district in which the land or structure is located." 10 46. Plaintiffs are aggrieved by the Board's Decision, and will suffer substantial harm if the decision is permitted to stand. RELIEF REQUESTED For the foregoing reasons, Plaintiffs respectfully request that this Court enter a judgment: 1. Annulling the July 14, 2011 Decision of the Nantucket Zoning Board of Appeals in ZBA File No. 020-11; 2. Directing the Nantucket Zoning Board of Appeals to deny the requested relief; 3. Directing the Nantucket Zoning Board of Appeals to require the Applicant to obtain an engineering analysis relative to the ability to install a crawl space or basement on the Locus; 4. Awarding Plaintiffs their reasonable costs and attorney's fees incurred in bringing this appeal; and 5. Granting such other and further relief as the Court deems just and proper. Nantucket, Massachusetts - Dated: August 30, 2011 34 CENTRE STREET, LLC, John McDermott and, Victoria McManus, Plaintiffs By their a~tt/ ey, /~ ~/ Richard P. Beaudette, Esq., BBO# 658136 Vaughan, Dale, Hunter, Stetina and Beaudette, P.C. P.O. Box 659, Whaler's Lane Nantucket, MA 02554 Tel No. 508-228-4455 11 EXHIBIT A ~~p~STUC/~-Fl ~ .. yn ~~ F N V~ ~~n ~`1. ~-, re:~-r~. A T~~E caP~ NANTUC4~ET TOWN CLEt~K TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 ~ ~: Date: August 12, 2011 0, To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 020-11 Owner/Applicant: DAVID P. WHITE Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing a complaint in Land Court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. Edward S. Toole, Chairman cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-228-7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.3.1,Parcel 119 Plan Book 16, Page 34 2 Hussey Street Book 171, Page 206 Commercial Downtown DECISION: I. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, July 14, 2011, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of DAVID P. WHITE, C/0 SARAH F. ALGER, P.C., 2 SOUTH WATER STREET, NANTUCKET, MA 02554, File No. 020-11: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A.(4) (alteration of preexisting nonconforming structure) and a modification of the decision in File No. 015-97 in order to convert the structure on the Locus to one single-family dwelling, including lifting the structure to put a foundation with a full basement in its existing location and making changes to the roof pitch, in its existing location and constructing an addition to the structure that will comply with all dimensional requirements of the By- law, with parking continued to be waived as necessary. The structure is nonconforming as to rear-yard setback by having a setback of only 0.1 feet where 5 feet is required and by having a lot area of only 2,650 feet where 3,750 feet is required. The Locus is situated at 2. Hussey Street, is shown on Nantucket Tax assessor's Map 42.3.1 as Parcel 119, is shown as Lot 2 in Pian Book 16, Page 34, and title is recorded at the Nantucket County Registry of Deeds in Book 171, Page 206. The property is zoned Commercial Downtown. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation, on the basis that no matter of planning concern 1 was presented. There was a letter on file with the Zoning Board of Appeals in opposition to said application. 4. Attorney Sarah Alger represented the Applicant at the hearing. Attorney Alger explained that the Applicant is requesting a modification in order to convert the structure on the Locus to one single-family dwelling. The Applicant also intends to lift the structure in order to put a foundation, with a crawl space or full basement, in its existing location or a more conforming location and to change the roof pitch of the structure, including the portion of the structure that is within the rear yard setback. Attorney Alger also explained that the Applicant further intends to construct an addition to the structure that will comply with all dimensional requirements of the Bylaw. 5. The structure is nonconforming as to rear-yard setback by having a setback of only 0.1 feet where 5 feet is required and by having a lot area of only 2, 650 feet where 3, 750 feet is required. The proposed modifications and alterations will not affect the Locus in any way that will increase the existing nonconformities or create any new nonconformities on the Locus. As the Applicant has the benefit of Special Permit in 1997 (Decision No. 019-97) that waived the required parking on the Locus, the Applicant also requests that the previously waived parking remain waived. 6. Accordingly, the Board of Appeals, by unanimous vote of the sitting members, found that the proposed modification of the decision in File No. 015-97 in order to convert the structure on the Locus to one single-family dwelling and the alteration to lift the structure in order to put a foundation, with a crawl space or full basement, change the roof pitch of the structure, and create an addition that will comply to the zoning requirements of the Bylaw will be in harmony with the purpose and intent of the Zoning Bylaw and the proposed alteration will not lie substantially more detrimental to the neighborhood than the existing nonconformity. Therefore, the Board granted relief with following conditions: a. There shall be no exterior construction between May 1st and October 1st of any year; b. All work shall be done in accordance with the plan entitled ~~Zoning, Board of Appeals Application," dated July 8, 2011, prepared by 2 Emeritus Development, Ltd, attached hereto as "Exhibit A"; and, c. All work shall be done in substantial compliance with Historic District Commission Certificate of Appropriateness Number 56616, as may be amended. SIGNATURE PAGE TO FOLLOW 3 Dated: August ~~ , Mark Poor COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. I ~~ ~ ( , 2011 Q~ this ~~ day of~, 201 1, before me, the undersigned Notary Public, personally appeared ~ItTiM dtt~ ~t ,who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who aclolowledged to me that he/she signed it voluntarily for its stated pwpose. G Notary P ~c: ~~ (~(a~ln. My commission expires: ~ /~~/ ~ ~y p~t~NP~kr~., .. .~J\\~~,~A~. vjti~t~i~, .. l Afi. I~ mmrD~ ~cn-n~c~~ o ~ o x° a~ v a o~ c m = ~ ~ m ~ a r o .Cn~ r 3 m ~' ~~ ~ co m ~ ° ~ ~ ~ 3 ~ ~ - o fl' ~ N (n p Q Q -n ON (p 7 A' i C C7 ~ ~ F ~ ~ l0 ~. ~ ~ W ~ ~ I ~ ~ ~ ~ ~ '~ (D O ! m Vt ~ v W Cn O Z W ,q t ~ wrn~cnr .Tx~ ~(7N wOOOo ~ ~ ~~ W N N O .i ~ ~ N p N ~ ~~ ~ S N ,a,' + O x ~ ~ ~ 42.3.1-718 -~~ I `~ ~~ ~~ ti S c N O Zoning Board of Appeals Application 07.08.11 EXHIBIT B NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MA 02554 FEE: $300.00 CASE NO. ~ a~' ~ ~ APPLICATION FOR RELIEF Owner's name(s): David P. White Mailing address: c/o Sarah F. Alger, P.C., 2 South Water Street, Nantucket, MA 02554 Applicant's name(s): Same Mailing address: Locus address: 2 Hussey Street Assessor's Map/Parcel: 42.3.1-119 Land Court Plan/Plan Book & Page/Plan File No.: Plan Book 16, Page 34 Lot No.: Lot 2 Date lot acquired: 7/20/79 Deed Ref./Cert. of Title: Book 171, Page 206 Zoning District: RCDT Uses on Lot -Commercial: None X Yes (describe) Residential: Number of dwellings Duplex Apartments 2 Rental Rooms Building Date(s): All pre-date 7/72? No. or Building Permit Nos: BP-2010-0587 C of O(s)? Yes Previous Zoning Board Application Nos.: 015-97 State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal}, Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: ~C~.~, ~s'_ ~Q~~ (If not owner or owner's attorney, please ~ V Applicant Attorney/Agent X roof of agency to bring this matter before the Board) FOR ZBA OFFICE USE Application received on: / / By: Complete: Need copies?: Filed with Town Clerk:_/ / Planning Board:_/ / Building Dept.:_/_/ By: Fee deposited with Town Treasurer: / / By: Waiver requested?: Granted: / / 1=Tearing notice posted with Town Clerk:_/ / Mailed: / / I&M: / / & / / Hearing(s) held on:_/ / Opened on:_/ / Continued to:_/ / Withdrawn?:_/ / DECISION DUE BY: / / Made:_/ / Filed w/Town Clerk: / / Mailed: / / IECISION APPEALED?: / / SUPERIOR COURT: LAND COURT Form 4/03/03 ADDENDUM The Applicant seeks to modify the relief granted by this Board on March 19, 1997 in its File No. 015-97 by deleting the requirement that either or both of the apartments be occupied year-round only. The Locus is located at 2 Hussey Street and is zoned RCDT. To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: Owner /Applicant: 020 -11 DAVID P. WHITE Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing a complaint in Land Court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. Edward S. Toole, Chairman cc: Town Clerk Planning Board Building Commissioner /Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY -LAW SECTION 139 -30 (SPECIAL PERMITS); SECTION 139 -32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508 - 228 -7215. Assessor's Map 2 Hussey Street Book 171, Page DECISION: NANTUCKET ZONING BOARD OF 2 Fairgrounds Road Nantucket, Massachusetts 42.3.1,Parcel 119 206 APPEALS 02554 Plan Book 16, Page 34 Commercial Downtown 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, July 14, 2011, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of DAVID P. WHITE, C/O SARAH F. ALGER, P.C., 2 SOUTH WATER STREET, NANTUCKET, MA 02554, File No. 020 -11: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) (alteration of preexisting nonconforming structure) and a modification of the decision in File No. 015 -97 in order to convert the structure on the Locus to one single- family dwelling, including lifting the structure to put a foundation with a full basement in its existing location and making changes to the roof pitch, in its existing location and constructing an addition to the structure that will comply with all dimensional requirements of the By- law, with parking continued to be waived as necessary. The structure is nonconforming as to rear -yard setback by having a setback of only 0.1 feet where '5 feet is required and by having a lot area of only 2,650 feet where 3,750 feet is required. The Locus is situated at 2 Hussey Street, is shown on Nantucket Tax Assessor's Map 42.3.1 as Parcel 119, is shown as Lot 2 in Plan Book 16, Page 34, and title is recorded at the Nantucket County Registry of Deeds in Book -171, Page 206. The property is zoned Commercial Downtown. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation, on the basis that no matter of planning concern 1 was presented. There was a letter on file with the Zoning Board of Appeals in opposition to said application. 4. Attorney Sarah Alger represented the Applicant at the hearing. Attorney Alger explained that the Applicant is requesting a modification in order to convert the structure on the Locus to one single- family dwelling. The Applicant also intends to lift the structure in order to put a foundation, with a crawl space or full basement, in its existing location or a more conforming location and to change the roof pitch of the structure, including the portion of the structure that is within the rear yard setback. Attorney Alger also explained that the Applicant further intends to construct an addition to the structure that will comply with all dimensional requirements of the Bylaw. 5. The structure is nonconforming as to rear -yard setback by having a setback of only 0.1 feet where 5 feet is required and by having a lot area of only 2,650 feet where 3,750 feet is required. The proposed modifications and alterations will not affect the Locus in any way that will increase the existing nonconformities or create any new non - conformities on the Locus. As the Applicant has the benefit of Special Permit in 1997 (Decision No. 019 -97) that waived the required parking on the Locus, the Applicant also requests that the previously waived parking remain waived. 6. Accordingly, the Board of Appeals, by unanimous vote of the sitting members, found that the proposed modification of the decision in File No. 015 -97 in order to convert the structure on the Locus to one single- family dwelling and the alteration to lift the structure in order to put a foundation, with a crawl space or full basement, change the roof pitch of the structure, and create an addition that will comply to the zoning requirements of the Bylaw will be in harmony with the purpose and intent of the Zoning Bylaw and the proposed alteration will not be substantially more detrimental to the neighborhood than the existing nonconformity. Therefore, the Board granted relief with following conditions: a. There shall be no exterior construction between May 1St and October lst of any year; b. All work shall be done in accordance with the plan entitled "Zoning Board of Appeals Application," dated July 8, 2011, prepared by VA Emeritus Development, Ltd, attached hereto as "Exhibit A "; and, c. All work shall be done in substantial compliance with Historic District Commission Certificate of Appropriateness Number 56616, as may be amended. TECHNICAL AMENDMENT 1. Since the Board granted the aforementioned relief the applicant amended the scope of the proposed work to eliminate the raising of the structure, to eliminate the installation of a full basement and to cause the addition to be supported by piers. The proposed addition to the structure will comply with all dimensional requirements of the Bylaw. 2. Attorney Michael J. Wilson represented the applicant at the hearing. Attorney Wilson explained that the revised scope of work was the result of a negotiated compromise to an appeal of decision 020 -11. 3. The applicant has secured the .approval of the Historic District Commission for the amended scope of work. 4. The proposed modifications and alterations will not affect the Locus in any way that will increase the existing nonconformities or create any new non - conformities on the Locus. Therefore, a. There shall be no exterior construction between May lst and October 1st of any year. b. All work shall be done in accordance with the plan entitled Zoning Board of Appeals Application" dated November 1, 2011, prepared by Emeritus Development, Ltd. Attached hereto as Exhibit A; and, c. All work shall be _done Historic District Commission Number 57194 as may be amended. in substantial compliance with Certificate of Appropriateness d. 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