HomeMy WebLinkAbout020-11 David P. WhiteTo: 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. This amendment to permit 020 -11 shall not require the
twenty, (20) day appeal period prior to recording.
3
SIGNATURE PAGE TO FOLLOW
2
Dated: December 8, 2011
Nantucket, ss.
Kerim Kose
c
N� r
COMMONWEALTH OF MASSACHUSETTS
Dl(n 32011
On this Lday f Wa.— ", 2011, before me, the undersigned Notary Public, personally
appeared ;h"L. , 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 /tq signed it voluntarily for its stated purpose.
ary Public:„
My commission expires: �rl�r l4
5
f
aal 6 $ 8s92 V r
a
Hill s
0
+n
0
N_
N ^I7 �
°w
w I
Z3
�I
ov
' o Q �1
hl
o a 1 "'
ELI �
0
tZ p m
m � ae
w
m z�zvi / `n`
ji
a 1
d N I
I °
JI +�jl I
l li ^
I oZS£ IZ� - -� o
°
I
z
6 k •k0•kd uoijonajsuoo aoj ION - AIUO uoisslwgnS -0 -G -H
(•y� `liit c n =La�q
M €Y
c
m
a
0
0
LL
9
C
v
ti
c
m '
x
w
c
m
a
`o
0
LL
W
LL
C =
m .
X e
W
O
c m
m ® ® >
m
a w
o L
0
LL p
v ® z
c
o
coo c°
m
� X _
� W
O
IL
N
<i
LL
v
o:
o_
T
L L • L 0 • L L uo11on.rlsuo,) ,iol ton► u uo►ssiwanQ
0
m
W
a
m
3
v
m
m.
o'
O
a_
d'
O
m
m
W
L
O
z
v
O
P1i
O•
d
M
r�
Qr�
r
C
c O C
O oo O
m °000 —
m > m
> m >
o m
w w
L w
�+ 1 m
m O m
m m m•
W _ W W °
') •rr•u
0
m
W
m
w
v
m
m.
o'
O •
a
�O
c
O
m
W
L
O
fq
v
m
m.
o'
o�
a_
LIi
0
r MIL
c
m
a
0
0
LL
9
C
v
ti
c
m '
x
w
c
m
a
`o
0
LL
W
LL
C =
m .
X e
W
O
c m
m ® ® >
m
a w
o L
0
LL p
v ® z
c
o
coo c°
m
� X _
� W
O
IL
N
<i
LL
v
o:
o_
T
L L • L 0 • L L uo11on.rlsuo,) ,iol ton► u uo►ssiwanQ
0
m
W
a
m
3
v
m
m.
o'
O
a_
d'
O
m
m
W
L
O
z
v
O
P1i
O•
d
M
r�
Qr�
r
C
c O C
O oo O
m °000 —
m > m
> m >
o m
w w
L w
�+ 1 m
m O m
m m m•
W _ W W °
') •rr•u
0
m
W
m
w
v
m
m.
o'
O •
a
�O
c
O
m
W
L
O
fq
v
m
m.
o'
o�
a_
LIi
C IIB� s � r
ss
..AA l col 6$ eq;ii Jai r
Y• C � � � a� 9 ��e s��y�yi gp
5 $ g g S
HIM
R
'e4
`A
\ �4
y att�
$33
I/
10 m
0 0
a
v° o�
o ws
ffiB
ii
i..am
CL
e
I
� LL
� o
0
I LL a
I —
I LL3
— —-� I N
is
L J
� I
d� 16
—i�
I
z,
s
0
me
v .
5
Y� i
t � Y !� Y
Y
tL
c
E
O .
I?
u
sI%
is
L J
� I
d� 16
—i�
I
z,
s
0
me
v .
5
Y� i
t � Y !� Y
Y
tL
c
E
O .
I?
u
k t •t0,t k uoiIonaIsuo0 JOJ 4 0 N - Alu0 uoiss!wgno '0'4 "H
ii
I.ifl
I TV
O .
o
A
p00�400A�00
�
!�
"• Sc,,
€ €r'p.
p
IE
3g�G
€IE a¢Ec
( .
ei!
€ g
2
feg
�a -60be°
f 2
Y
40
€
k t •t0,t k uoiIonaIsuo0 JOJ 4 0 N - Alu0 uoiss!wgno '0'4 "H
ii
I.ifl
I TV
O .
o
cc F
FYI
s {
k t •t0,t k uoiIonaIsuo0 JOJ 4 0 N - Alu0 uoiss!wgno '0'4 "H