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HomeMy WebLinkAbout017-12 54 Hulbert AvenueFEE: $300.00 NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MA 02554 APPLICATION FOR RELIEF CASE NO. Owner's name(s): John T. Connelly, Jr. and Bessie B. Connelly Mailing address: C/O Vaughan, Dale, Hunter, Stetina and Beaudette, PC, POB 659, Nantucket 02554 Applicant's name(s): Owner, above Mailing address: C/O Vaughan, Dale, Hunter and Beaudette, PC, POB 659, Nantucket 02554 Locus address: 54 Hulbert Avenue, Town Assessor's Map/Parcel: 29 / 59 Plan Book & Page: Plan File 17, Page 51 Date lot acquired: 11 /10 /11 Deed Ref.: Book 1300 Page 37 Zoning District: RR =1 Uses on Lot – Commercial: None X Yes (describe Residential: Number of dwellings 1 Duplex Apartments Rental Rooms Building Date(s): All pre -date 7/72? Yes or. Building Permit Nos: Previous Zoning Board Application Nos.: 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 no�onformities: Please see addendum attached hereto I certify that the i formation contained herein is substantially complete and true to the best of my knowledge, under he pains and penalties of perjury. SIGNATURE: Applicant Attorney X (If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board) Application received on: / / By: FOR ZBA OFFICE USE 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posted with Town Clerk: / / Mailed: / / I &M: / / & —/—/— Hearing(s) held on: / / Opened on: / / Continued to: / / Withdrawn ?: / / DECISION DUE BY:—/—/— Made: / / Filed w/Town Clerk: / / Mailed: / / DECISION APPEALED ?: / / SUPERIOR COURT: LAND COURT Form 4/03/03 ADDENDUM John T. Connelly, Jr. and Bessie B. Connelly (hereinafter "Applicant ") seeks SPECIAL PERMITS and FINDINGS pursuant to Section 139 -33 A (3) (a) and (4) (a) and (b) of the Nantucket Zoning By -Law (that `By- Law ") and a SPECIAL PERMIT pursuant to Section 139 -33 A (5) of said By -law and Massachusetts General Laws, Chapter 40A, Section 6. The property is located at 54 Hulbert Avenue, Nantucket (the "Premises ") and is improved with a two (2) story wood frame Dwelling. It is shown as Parcel 59 on Assessors Map No. 29. Applicant is requesting the SPECIAL PERMIT and FINDING pursuant to Section 139 -33 A (3) (a) and (4) (a) and (b) of the Nantucket Zoning By -law to renovate and extend the pre- existing non - conforming dwelling, sited partially within the westerly and easterly side yard setbacks, by enlarging an existing bedroom, adding a garage and thereby providing off - street parking. The second floor of the proposed garage shall be improved with a bedroom. The balance of the proposed work shall be within the buildable part of the yard and consists of a sun -room addition to the kitchen on the westerly side; a bay window addition to the living room on the northerly side; a second floor balcony above the front porch also proposed for the northerly side; and an extension to the kitchen's dishwashing sink and working area on the southerly side. The proposed improvements will result in an increase in ground cover however resulting in a ground cover ratio within the limits allowed in the By -law. The Premises consists of a single lot (Locus) approximately 7,753 +/- square feet in size situated in a Zoning District with a minimum lot size of 5,000 square feet. Locus is non - conforming as to side yard setback being a Lot in the R -1 Zoning District that abuts two streets and therefore having a 10' side yard setback requirement from James Street however with a portion of the existing dwelling sited as close as 1.7 +/- feet to the property line on that side. The dwelling is also preexisting nonconforming as to side yard setback on the other side of Locus with a 5 +1- foot setback requirement with portions of the dwelling sited as close as 3.3 +/- feet from the property line on that side. Locus is conforming as to Ground Cover Ratio with an existing ration of 27.2% with 30% allowable in the Zoning District. The extensions described hereinabove will result in a ground cover of 2320 +/- square feet with 2326+/ - square feet of ground cover allowed in the Zoning District. The property is pre- existing nonconforming as to parking having no off - street parking in a Zoning District that requires a single space for a primary dwelling. The proposed renovation will result in the construction of an off - street parking space where now none exists. The renovation of the dwelling as proposed is in keeping with other similar renovations in this Residential -1 District and will not increase the non- conforming nature of the structure as the non - conforming distance is not being made more non - conforming. The Applicant asks the Board to find that the proposed extension will not be substantially more detrimental than the existing non - conforming dwelling nor is it substantially more detrimental to the neighborhood than the existing non - conformity. By granting the SPECIAL PERMITS, the Board will be acting in a manner consistent with the spirit and intent of Section 139 -33A of the By -Law. The Applicants respectfully request that the Board vote in favor of the requested SPECIAL PERMIT. CONNELLY /Addendum/ 1.30.12 t hQ Q 3 1s v w ^�U) w ztbtN m '�h .J sF'• "ter � � 1,9 d �o n� P^ G' J J W Z Z O U w In In W m 46 Z S 0 Ir O L, O LLI a d w tr d / o1 J A �. a ` / Co w / j ^moo O C`.i W s dLr sQ zd C) W cr- U Q d N a Q In rr 0 v) v) w v) U) rjq m=a C, a Usk/ N J� Q, �I • ' 0 � J d, r CL CLL s a sd A A., W 1 �O 6 O LU J > G (: s ^ C � o, W Ld J N rn U O ✓ I- F ca o Ad a N O m �'�. °� a o mo o\ J rnLn= ap N W , 0pO���°7 qLn II 4 ci- U) W \ li j in .- w 0r Z m II II I I > v) w S N O Q¢ ¢Od � � U Y y V I+1 °O Z Z O NQn7 J Z � J > p EN � dQ1NO Qm QQ Ir U)Z�mmW O j OL ?�O� U WY Z� 0 SW m= ¢ ~ n� sr' m w wzQO Z o U O�Q0Q° C.7 W� F- �. .a� z = F- W m J O �4 am� Z »r�rz z �� _-`` 3 .'` O Z �Z c°no W ZF- O> Q O W w ��Zof S w F- Q (nZ i d °> O J J W J O ZZ W tr X I- Q Lo Zd ILO W N WCC U) 0 W OW 9t: w z W F r H O Z N S O cn U = co O° X --� JO Q W t l/ 3113 Ndld t hQ Q 3 1s v w ^�U) w ztbtN m '�h .J sF'• "ter � � 1,9 d �o n� P^ G' J J W Z Z O U w In In W m 46 Z S 0 Ir O L, O LLI a d w tr d / o1 J A �. a ` / Co w / j ^moo O C`.i W s dLr sQ zd C) W cr- U Q d N a Q In rr 0 v) v) w v) U) rjq m=a C, Usk/ N J� Q, �I • ' ° � J d, r CL CLL s a sd A A., W 1 �O 6 O L rz O � G s ^ C � o, p w / \ Q �� v rn 0� a O ✓ t hQ Q 3 1s v w ^�U) w ztbtN m '�h .J sF'• "ter � � 1,9 d �o n� P^ G' J J W Z Z O U w In In W m 46 Z S 0 Ir O L, O LLI a d w tr d / o1 J A �. a ` / Co w / j ^moo O C`.i W s dLr sQ zd C) W cr- U Q d N a Q In rr 0 v) v) w v) U) 4.71 HULBERT AVENUE MAP 29 SITE PLAN PAP,CEL 59 5CALE 1/8' : I'-P °;r a • f` i�P .. � s - E — t l r• w AV HUL8ERT _ VALSH ST 1 U i / S'T D Bk: 01300 Pg: 37 uu lI� IIIII��YU IIUUTAI�� I 1 Bk: 1300 Pg: 37 Page: 1 of 3 Doc: DD 11/10/2011 02:43 PM DEED I, WARNER S. FLETCHER, Trustee of HULBERT STREET NOMINEE TRUST under Declaration of Trust dated June 25, 1996, recorded with Nantucket Deeds in Book 524, Page 247, of Worcester, Massachusetts, for consideration paid in the amount of $4,500,000.00, grant to JOHN T. CONNELLY Jr. and BESSIE B. CONNELLY, husband and wife, joint tenants with right of survivorship, of 555 Old School Road, Gulf Stream, Florida 33483, with QUITCLAIM COVENANTS, That certain parcel of land, together with the buildings thereon, located in Nantucket, Nantucket County, Massachusetts, now known and numbered as 54 Hulbert Avenue, bounded and described as follows: NORTHEASTERLY by the line of Hulbert Street, seventy -nine and 89/100 (79.89) feet; SOUTHEASTERLY by Lot 2 on plan hereinafter referred to, ninety -eight and 11 /100 (98.11) feet; SOUTHWESTERLY by Lot 4 on said plan, seventy -nine and 97/100 (79.97) feet, and NORTHWESTERLY by the line of James Street, one hundred and 39/100 (100.39) feet. Said land is shown as Lot 3 on plan recorded with Nantucket Deeds in Plan Book 17, Page 51. Said land contains 7,749+ square feet, more or less, according to said plan. Said land is conveyed subject to the following matters: (a) Special Permit dated February 17, 1993, recorded with Nantucket Deeds at Book 409, Page 297, and recorded at Book 409, Page 303. Bk: 01300 Pg: 38 (b) Real estate taxes assessed by the Town of Nantucket for the fiscal year 2012 commencing on July 1, 2011. For title, see deed recorded with Nantucket Deeds in Book 524, Page 253. I, WARNER S. FLETCHER, Trustee of HULBERT STREET NOMINEE TRUST, do hereby certify the following: a) I am the sole Trustee of Hulbert Street Nominee Trust under Declaration of Trust dated June 25, 1996, recorded with Nantucket Deeds in Book 524, Page 247. b) Said Trust is in full force and effect and has not been altered, amended, or revoked. c) All of the beneficiaries of the Trust are individuals, of full age, and not under any disability. d) I have been duly authorized by all of the beneficiaries of said Trust to execute, acknowledge, and deliver a Quitclaim Deed to JOHN T. CONNELLY Jr. and BESSIE B. CONNELLY, for consideration paid in the amount of $4,500,000.00, conveying the property located at 54 Hulbert Avenue, Nantucket, Massachusetts, being shown as Lot 3 in Plan Book 17, Page 51, and to execute and deliver all documents and take any action necessary to consummate said transfer. Bk: 01300 Pg: 39 Executed and sealed on November l , 2011. )" 7,-, TdA NER S. FLETCHER, Trustee of H BERT STREET NOMINEE TRUST COMMONWEALTH OF MASSACHUSETTS Worcester, ss. On this - ?4-A day of November, 2011, before me, the undersigned notary public, personally appeared WARNER S. FLETCHER proved to me through satisfactory evidence of identification, which was AeYsona( klnowled% , to be the person whose name is signed on t e preceding or attached document, and acknowledged to me that he signed voluntarily, as Trustee for its stated purpose and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of his knowledge and belief. MASS/Cou XC18E TAXI /� / NantuOD N16 001 '�y'I Date: 2:43 PM CtrIN Doc# 00002876 Fee: ons: $4,500.000.00 NANTUCKET LAND BANK CEFMRCATE 00 Notary Public commission expires: 11111 „1111,111 „,,, 064"t i O�q • !A�RAfAss' -- '�� PUBLIC ,,'�1�II/IIIIa N1j1i sp080 ,}a .tapisas Iaaia.taal -H JaJiuua` ;}sa ;jd pa.►aau3 Pan18D3S A1N003 13N3n1NVH BoA Form 2 -89 NAN'T'UCKET ZONING BOARD OF APPEALS RECEIVED TOWN AND COUNTY BUILDING BOARD OF ASSESSORS NANTUCKET, MA 02554 JAN 3 ® 2012 ASSESSOR'S LIST OF PARTIES IN INTEREST TOWN OF ,.- NANTUCKET, MA PROPERTY OWNER: Qmmlt APPLICANT FOR RELIEF (SAME? V ) : ADDRESS OF PROPERTY: ASSESSOR'S MAP - PARCEL: L 1 - LIST OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED 1: I certify that the foregoing (or the attached ) lists all persons, natural or legal, who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within three hundred feet.of the property line of Owner's property, as they (and their address) app6ar on the most recent applicable tax list [per M.G.L. c.40A, §11 and Zoning Code Chapter 139, §139-29D(2)] . D to As essor's Office Town-of Nantucket *NOTE: Applicant (Petitioner) should include with the lot for which zoning relief is sought, any commonly -owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. 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UI J H m m m� m� m m m m NNN N to to E10 0 m m m mm m m m m m m m tq m H y H m m H H m m H H H H y H y H H H H H Y Y H H Y Y H H Y Y H Y Y Y H Y Y Y Y Y << C< C< < C C C<< C C< �r H N H z b d M. m H b pro N m r 0 M n Philip and Colleen Hempleman Barbara J. Fife, Trustee David and Perrin Lilly 2 Dublin Hill Drive Barbara J. Fife QPRT 18 Summit Court Greenwich, CT 06830 25 Central Park West #15R St. Paul, MN 55102 New York, NY 10023 SeaSaw LLC Joseph P. Scanlon Carter and Melissa Cafritz c/o Stephen Davis 12 Sunswyck Road 1660 L Street, Suite 300 PO Box 15709 Darien, CT 06820 Washington, DC 20036 Springfield, MA 01115 Sixty -Two Hulbert Ave, LLC Anthony M. Lamport Susanne Hutcheson, Trustee c/o PMC Property Group, Inc. 432 E 84 Street 56 Hulbert Nominee Trust 1411 Walnut Street New York, NY 10028 1940 Knox Avenue South Philadelphia, PA 19102 Minneapolis, MN 55403 Theresa H. Fortgang Edward M. Gilbreth Trust Gregor and Mary Ferguson 1060 Fifth Ave, Apt 2B 134 Columbus Street 53 Simon Willard Road New York, NY 10128 Charleston, SC 29403 Concord, MA 01742 Marian C. Ellis, Trustee Robert Petrie, III, Trustee Richard and Ann Jackson c/o Dr. George Ellis Kodi Nominee Trust PO Box 522 1185 Park Avenue, Apt. 6C c/o Sally S. Lochner Dorset, VT 05251 New York, NY 10128 Greenwich, CT 06830 Peter W. Gerster Harry and Susan Rein John and Joan Goodwin 11 East Byway 174 Turtleback Road 14 '/Z Roton Avenue Greenwich, CT 06831 New Canaan, CT 06840 Rowayton, CT 06853 Paul Charron and Kathy Herdt Amanda Cross and Lisa Gray Katherine Belber 44 Contentment Island Road 1349 Bay Drive 3509 Lowell Street, NW Darien, CT 06820 Sanibel, FL 33957 Washington, DC 20016 Maureen and Eileen Murphy Robert and Maureen Dobies William and Grace Christie 15 Fullingmill Lane c/o Scott David Sloan Trust 130 Ellington Street Hingham, MA 02043 1 Alcott Way Longmeadow, MA 01106 Medfield, MA 02052 Scott W. Oldakowski Thirty Six Walsh LLC John and Jane Mullen 1945 Port Chelsea Place PO Box 141280 c/o Jane Mullen Newport Beach, CA 92660 Staten Island, NY 10314 70 Edwards Street Portland, ME 04102 Gregory L. Geiser Walter Angoff, Trustee Anna Fisch 319 Main Street Goldberger RM QPRT 61 Hemlock Road El Segundo, CA 90245 3 Battery Wharf, Apt. 3605 Short Hills, NJ 07078 Boston, MA 02109 David Salisbury, Trustee Whitney A. Gifford, Trustee David Salisbury, Trustee Brant Point Nominee Trust PMC Property Group, Inc. Brant Point Nominee Trust 15700 W Short Court 1411 Walnut Street 15700 W Short Court Cleveland, OH 44114 Philadelphia, PA 19102 Cleveland, OH 44114 David Salisbury, Trustee Whitney A. Gifford, Trustee Whitney A. Gifford, Trustee Brant Point Nominee Trust PMC Property Group, Inc. PMC Property Group, Inc. 15700 W Short Court 1411 Walnut Street 1411 Walnut Street Cleveland, OH 44114 Philadelphia, PA 19102 Philadelphia, PA 19102 Date: April 13, 2012 M M M 0 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 017 -12 Owner /Applicant: JOHN T. CONNELLY, JR. AND BESSIE B. CONNELLY 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. s�xv 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 29, Parcel 59 Plan File 17, Page 51 54 Hulbert Avenue Deeds Book 1300, Page 37 Residential - 1 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, March 8, 2012, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of JOHN T. CONNELLY, JR. AND BESSIE B. CONNELLY, c/o Vaughan, Dale, Hunter, Stetina, and Beaudette, PC, PO Box 659, Nantucket, MA 02554, File No. 017 -12: 2. Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(3), (4), and (5) (alteration of preexisting nonconforming structures) in order to renovate and extend the preexisting nonconforming dwelling on the Locus. The Applicants propose to enlarge an existing bedroom, add a garage as well as other alterations to the existing dwelling within the buildable part of the yard. The Locus is nonconforming as to side yard setback being a Lot in the R -1 Zoning District that abuts two streets and therefore has a ten (10) foot side yard setback requirement from James Street, but is sited as close as 1.7 +/- feet to the property line on that side. The dwelling is also nonconforming as to side yard setback on the easterly side of the Locus, being sited as close as 3.3 feet from the side yard setback in a zoning district that requires a five (5) foot side yard setback. The property'is also nonconforming as to parking, having no off - street parking in a zoning district that requires a single space for a primary dwelling. The proposed renovation will result in the construction of an off - street parking space where none now exists. The property and structures thereon are otherwise conforming to the intensity regulations of the Residential - 1 zoning district. The Locus is situated at 54 Hulbert Avenue, is shown on Nantucket Tax Assessor's Map 29 as Parcel 59, is shown on Flan File 17, Page 51, and is recorded at the Nantucket County Registry of Deeds in Book 1300, Page 37. The property is zoned Residential - 1. 1 3. Our decision is based upon the application and accompanying materials, representations,, and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. There were no letters in favor of or in opposition to the application. A direct abutter spoke at the hearing asking for the Applicant to clarify the work proposed. 4. Attorney William F. Hunter represented the Applicant at the hearing. Attorney Hunter explained to the Board that the Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(3), (4),, and (5) in order to renovate and extend the preexisting nonconforming dwelling on the Locus. Specifically, the Applicants propose to enlarge an existing bedroom and construct a garage within the westerly side yard setback. The balance of the work shall be within the buildable part of the yard and consists of a sun -room addition to the kitchen on the westerly side; a bay window addition to the living room on the northerly side; a second floor balcony above an extended front porch on the northerly side; and an extension of the kitchen's dishwashing sink and working area on the southerly side. The Locus is nonconforming as to side yard setback being a Lot in the R -1 Zoning District that abuts two streets and therefore has a ten (10) foot side yard setback requirement from James Street, but is sited as close as 1.7 +/- feet to the property line on that side. The dwelling is also nonconforming as to side yard setback on the easterly side of the Locus, being sited as close as 3.3 feet from the side yard setback in a zoning district that requires a five (5) foot side yard setback. The property is also nonconforming as to parking, having no off - street parking in a zoning district that requires a single space for a primary dwelling. The proposed renovation will result in the construction of an off - street parking space where none now exists. S. Therefore, after a discussion with the agent for the Applicant, the Board finds that such a Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(3),(4), and (5) in order to alter the preexisting nonconforming single - family dwelling would not increase the nonconforming nature of the structure and would not be any more detrimental to the neighborhood than the existing nonconformity because said 2 addition will be no closer to the nonconforming structures on the Lo finds that this type of alteration general purpose and intent of the suggested the Applicant be mindful roadway layout, especially with re: installed on James Street. setbacks than the preexisting :us. The Board of Appeals so would be in harmony with the �oning Bylaw. The Board also of any hardscaping within the pect to any apron that may be 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals made the finding that such Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139 -33.A. (3), (4), and (5) in order to alter the preexisting nonconforming single- family dwelling without increasing the nonconforming nature of the structure would not be any more detrimental to the neighborhood than the existing nonconformity and would be in harmony with the general purpose and intent of the Zoning Bylaw with the conditions that all work shall be done as shown on the site plan labeled, "Proposed & Existing Ground Cover Plot Plan, Nantucket, MA, 54 Hulbert Avenue,," dated March 1, 2012, revised March 6, 2012, prepared by Joseph E. Marcklinger, attached hereto as "Exhibit A," and that there shall be no exterior construction between Memorial Day and September 15th of any year. SIGNATURE PAGE TO FOLLOW 3 Dated: I h��'� , 2012 Michael J. O'Mara Kerim Koseatac Lisa Botticelli r-, us McCarth COMMONWEALTH OF MASSACHUSETTS (� Nantucket, ss. 1 � !II b '2012 i On this d3of 2012, before me, the undersigned Notary Public, personally appeared t Soh , 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# signed it voluntarily for its stated purpose. N ublic: •�� q �,Jw y commission expires: lmpo 11 �0 c: 8 D D C) / o A n 'D / N/ l I (x %IIjIi A, T v'9 CF o� s 0~ 0 F O cov.00 R O / 40 �SF W N znz c U1 aDA i� O, F U> 20 -i, 11 O Z G7 -< (f) C) OO O C) y .q o m>0O?? z c AzK: K: o Z z -<{-+cc °° Lo m 0 M v A L71 M�ZN N N D OnD MC) m D m -D ° -0 -0 Z r W m r r 0 M O m 0 D-j <m° -izm D O Ul I N W m .. 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