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HomeMy WebLinkAbout044-12 24 Codfish ParkN O y> V C c. ca -` TOWN OF NANTUCKET; ry BOARD OF APPEALS C NANTUCKET, MA 02554 r 771 -J APPLICATION Fee: $300.00 File No. 6'Hl - Owner's name(s): Paul D. Schold and Joann Schold Mailing address: c/o 2 Whaler's Lane, P.O. Box 659, Nantucket, MA 02554 Phone Number: 508 - 228 -4455 &Mail: lori@vdhlaw.com Applicant's name(s): same Mailing Address: same Phone Number: same F'Mail: same Locus Address: 24 Codfish Park Assessor's Map /Parcel: 73.1.3/66 Land Court Plan/Plan Book & Page /Plan File No.: Land Court Plan 39141 -A COT Deed Reference /Certificate of Title: 19545 Zoning District R -1 Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwellings 1 Duplex. Date of Structure(s): all pre -date 7/72 yes or Building Permit Numbers: 1911 -81 Previous Zoning Board Application Numbers: 096 -99 Apartments N M C-,) M M 0 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile Jun 12 12 09:27p Schold Construction 508,892.8910 p.3 State below or attach a separate addendum of specific special permits or variance relief appfping for. See Addendum, attached hereto as Exhibit "Am. ccttify that the information containcd herein is substantially complete and true to the blot of my and--- tbz p%,:-.tz and retakes r SIGNATURE: PJL owacr* Paul D. Schold w4,io _ �nnSc Id SIGNATURE: Applicant/Attocney/Agent* Rick Beaudette. Attorney for Paul D. Schold and Joann Schold *If an Attorney of other Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY 'A.Ppl1ca4.= rec-cived By.-- Completes— Need Copies !—., Med with Town Clerk-._/_/_ Planning Board _L%_ Bt?? ding —Dept,; Pi--e deposited with Town Treasurer:-1-11- By: Gt%nte&—J—/— He&dnk notice peered N11-1, Continued Decision Due By-•/___/_ 9 9 F 1 i I ADDENDUM TO ZONING APPLICATION Paul D. Schold and Joann Schold 24 Codfish Park Road The applicants, Paul D. Schold and Joann Schold (hereinafter the "Applicants "), request Special Permit relief pursuant to Sections 139- 33A(4) of the Nantucket Zoning By -Law, a Modification to the Zoning Board of Appeals ( "ZBA ") Variance, File No. 096 -99, or a Variance for their property located at 24 Cod Fish Park Road, Siasconset, Massachusetts 02564 (the "Property "), Parcel 66 on Nantucket Town Assessor's Map 73.1.3, shown on Land Court Plan 39141 -A at the Nantucket Registry District. The Property is a 1,769 square foot lot located in the R -1 Zoning District. The Property is shown on a Mortgage Inspection Plan prepared by Blackwell & Associates, dated July 30, 1999, a copy of which is attached hereto as Exhibit "A ". As shown on the Plan, there is one single family dwelling on the Property. As stated in the previous Variance for the property (File No. 096 -99), dated December 22, 1999, and as evidenced by the Nantucket Assessor's Data for the Property, attached as Exhibit `B ", the structure on the Property pre -dates 1972. A 245 square foot portion of the existing dwelling intrudes into the front, side and rear yard set -backs on the Property. More specifically, the dwelling is pre- existing non - conforming as to the front yard set -back with the dwelling being sited as close as five (5) feet to the front yard lot line in a zoning district that requires a minimum front yard set -back of ten (10) feet, as well as to the side and rear yard set -backs being sited as close as .4 feet from the side and rear yard lot line in a district that requires a side and rear yard set -back of five (5) feet. Additionally, the lot is undersized having an area of 1,769 square feet in a zoning district that requires a minimum lot size of 5,000 square feet. The dwelling has a ground cover of 548, exceeding the permitted ground cover ratio of 30% by 18 +/- square feet. As noted, on December 22, 1999, the ZBA granted the previous owner of the Property Variance relief under Section 139 -32 of the By -Law. The purpose of the Variance relief was to validate the ground cover violation on the Property and to validate the dwelling on the Property in its current location and configuration. A copy of this ZBA Decision, File No. 096 -99, is attached hereto as Exhibit "C ". The Applicant proposes to move, partially demolish and renovate the existing dwelling in accordance with the Site Plan and Architecture Plans prepared by Brook Meerbergen Designs, attached hereto as Exhibit "D ". As shown on these plans, the majority of the proposed dwelling will be moved out of the set -backs to the buildable portion of the Property with the exception of a seventy -nine (79) square foot portion of the front of the dwelling and six (6) square foot portion of the enclosed porch which will intrude into the front yard set -back. The proposed 1 dwelling will be sited no closer than 5.4' to the front yard lot line. Additionally, the proposed dwelling will cure the side and rear yard set -back and ground cover violations on the property. Granting the proposed Special Permit will not be substantially more detrimental to the neighborhood than the existing non - conforming dwelling on the Property. Rather, the proposed work will eliminate the significant set -back violations which currently intrude into side and rear yard set -backs on the Property. The proposed work also will bring the ground cover on the Property into compliance with the By -Law and decrease the non - conforming distance of the current front yard set -back violation. No new non - conformities will be created as a result of the proposed work. Further, the new dwelling will be in harmony with other houses in this area of the Island. By granting the requested Special Permit, the Board would be acting in a manner consistent with the spirit and intent of the Zoning By -Law. In the alternative, the Applicant requests a Modification to the Variance, ZBA File No. 096 -99, or a new Variance for the proposed work on the Property pursuant to Section 139 -32. As stated in the previous ZBA Decision for the Property, File No. 096 -99, due to the shape and topography of the lot and the structure thereon, the literal enforcement of the provisions of the Zoning By Law would create a substantial hardship for the applicant. Further, granting this relief does not involve substantial detriment to the public good or a derogation of the intent of the By -law. The Applicant respectfully requests that the Board grant the requested Modification to Variance, File No. 096 -99, or a new Special Permit under section 139- 33(A)(4). 2 EXHIBIT A 07/30/09 13!59 FAX 508 229 $292 ZONING CLASSIFICATION: R- E mc.. mW. MF/l• . • EOOQ S.F. IN 9A 4. F: NRI. FRORUGE .. $6 FT SEE PLAT! FRONT YARD S.B.:.. FT , REAR & SIDE S.B» ..,'S• Fr CROUND CM (%):.. Q% . „ 13t,o h rt 73.1.3-C4 . HJF SYdEWBURWE C.B. I.- FND. d '73.1.3 - CS VJF- KING 35733 ' PAKKlVG ' N DECK Wool) FRAM£ / DWELLIAIG f J . 37.01 FAwc>~rr WAS - So' �r.P. N I Fi/D. IDa02 ONLY ORIGINALLY STAMPED AND DNOORSEO COPIES OF THIS PUN SHALL BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR, I V. De IZ Y Lt- Q O V �il©p4QQ�G T0: ................. ORWO B u m MAN N .................. AND NO OTHERS. In 1 CERTIFY, TO THE BEST OF 4Y IOrOWLEDGE, mT THE PR SHOWN. ARE DOTED IN FLOOD KVM ZONE.. X mmmmy, mma . ; .- 00EATED ON F ERA / oOMM110 � PANEL NUUNUMBER: 25o230' -00 4 4.1... 0. BY THE FEDERAL SCALE: I'= io DATE : ✓�� Y s o, 1999 a1ERCa�cr wiNACELMENr X*a. MECTNE DATE OF 06 AND AS`PERIODICALLY REVISED. s,�,�r�oA -v n�rr�zr auk Owner. .. .. . ... • . .. ... . . k •. ' jjl�'IN$ @ECTION PLAN WAS:.PREP/R FOR LOCCE PURPOSES • I5, . . . TTPJla7 T: LS ,_;r. QNnY AND It Nor TO 6 ED A RILL INSTRUIM SUM. D tPLAN-SNOUN 6. P ... . n CC . 3.. :4 ;�'i " t FENCES; HEOCES.:Of ANY _ANC UJIRY'SFRUC1URES ON THE PREMISES. ,THE PROPERTY U►iES SHOWN, It '�Y OWCURRENT DEEDS AND PUANS . . ... . 73.1. Tax E(ap' ?' GG LOCW: Z4 a?bFIm PaR;K 7tI) QF. RECORD: INSPEcnw PUN M)W,A,.0 TION AS TO THE TITLE OR 'SHOWN. BL�CKIVEI,I. ;OWNETLSIOP OF THE PR . OWNERS OF ADJOINING PROPERTIES g ASSOCIATES, Inc. ARE SMYJ41 A=C ;INd RO. WOW TOWN OF NIYRUCKET A33CS30R .RECORDS. � ..r �•. , . , rYofmzio, o Lend �j . ,.-' TiOS PLAN SHAD, NOT BE, USED FOR ANY OTHER PURPOSE OTHER TWW 6 Young's Wait rrs umS+tRO USE.5IATED'ABOVE Nantucket. Ml�ssneleuaofte �7..S.S4 EXHIBIT B Print Summary Parcel Value Item Buildings Xtra Bldg Features Outbuildings Land Total: Owner of Record SCHOLD PAUL D & JOANN 490 MARSHALL ST LEICESTER, MA 01524 Ownership History Owner Name SCHOLD PAUL D & JOANN TUTTLE E SANFORD III & NANCY B Land Use Land Use Code 1010 Land Line Valuation Size 0.04 AC MBLU : Location: Owner Name: Account Number: Assessed Value 105,600 0 400 483,700 589,700 Land Use Description Single Fam M01 Construction Detail Building # 1 STYLE Cottage Stories: 1 Story Roof Structure: Gable /Hip Interior Fir 1 Pine /Soft Wood AC Type: None Total Half Baths: 0 Building Valuation Living Area: 724 square feet Building Value: 105,600 Zone R1 Book/Page C0019545 00009/232 7313/ / 66/ / / 24 CODFISH PARK RD SCHOLD PAUL D & JOANN 7313 -066 MODEL Residential Occupancy 1 Roof Cover Asph /F Gls/Cmp Heat Fuel Coal or Wood Total Bedrooms: 2 Bath Style: Average Year Built: 1920 Sale Date 8/1/2000 8/1/1974 Assessed Value 483,700 Page 1 of 2 Powered by Vision Government Solutions, Inc. Sale Price 215,000 0 Grade: Average Exterior Wall 1 Wood Shingle Interior Wall 1 Drywall /Sheet Heat Type: None Total Bthrms: 1 Kitchen Style: Modern Depreciation: 16% http: // data. visionappraisal .com /NantucketMA/print.asp ?pid =11859 6/8/2012 Print Summary Extra Features Code Description No Extra Building Features Outbuildings Code Description SHD1 SHEDFRAME Building Sketch Subarea Summary Code Description BAS First Floor EAF Attic, Expansion, Finished Units Units 48 S.F. Gross Area Living Area 536 536 536 188 Page 2 of 2 http: // data. visionappraisal .com /NantucketMA/print.asp ?pid =11859 6/8/2012 EXHIBIT C • � TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December 19 99 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: 1111-14! . . Application No.: Owner /Applicant: E. SANFORDTUTTLE, III. AND NANCY B. TUTTLE Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in 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 an complaint in court within TWENTY (20) days after this days 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. William'- Hourihax-Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET ZONING BY -LAW §139 -301 (SPECIAL PERMITS); §139 -32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. L TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508- 228 -7215 FAX 508- 228 -7205 Assessor's Map 73.1.3 24 Codfish Park Road Parcel 66 Land Court Plan 39141 -A R -1 Cert. of Title No. 9232 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 12:00 P.M., Friday, October 22, 1999, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of E. SANFORD TUTTLE, III. AND NANCY B. TUTTLE, of 103 Old South Road, Nantucket, MA 02554, Board of Appeals File No. 096 -99, the Board made the following Decision: 1. Applicants are seeking relief by VARIANCE under Nantucket Zoning Bylaw §139 -16A (Intensity Regulations) to validate the existing nonconforming ground cover of a single- family dwelling which now has a ground cover ratio of 31%+ and does not comply with the required 30% maximum ground cover allowed for undersized lots in this district. An addition was constructed in excess of the proposed 150+ square feet of ground cover permitted which resulted in the noncomplying ground cover ratio. The Locus is nonconforming as to lot size with the Lot having 1,769+ square feet of area in a district that requires a minimum lot size of 5,000 square feet; and as to front yard setback with the structure being sited at five (5) feet at its closest point in a district that requires a minimum front yard setback of ten (10) feet, and as to side and rear yard setbacks with the structure being sited five (5) feet at its closest point from the lot line along Codfish Park Road, at 0.4+ feet at its closest points from the southerly and rear lot lines in a district that requires a minimum side and rear yard setback of five (5) feet. No expansion of the footprint is asked for under this Application. The Premises is located at 24 CODFISH PARK ROAD, SIASCONSET, Assessor's Map 73.1.3, Parcel 66, Land Court Plan 39141 -A. The property is zoned Residential -1. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the the hearing. The Planning Board made no recommendation as the matter was not of planning concern. There were no letters on file and there was no public concern expressed at the hearing. LI• . r� •r q 3•. Applicants, through counsel, represented that they had purchased the Locus in 1974 and the structure at the time was a garage that pre -dated the 1972 enactment of the Nantucket Zoning Bylaw, thus giving it grandfathered- status. The nonconforming use of a garage on a lot not ancillary to a dwelling unit was rectified shortly thereafter by its conversion to a- permitted use, a single - family dwelling, with no change in the footprint at that time. In 1981, Building Permit No. 1911 -81 was issued to expand the footprint of the dwelling by constructing an approximately 150 square -foot addition onto the approximately 361+ square -foot building. The addition was subsequeaLly built in excess of that figure resulting in the 31%± ground cover ratio now existing.. No Certificate of Occupancy had been issued to date. The error had only recently become apparent upon a survey done by Blackwell & Associates, Inc., dated July 30, 1999, marked as Exhibit A and attached hereto. No alterations are planned or asked for under this Application. Applicants further state that the structure is now protected from enforcement measures under the curative statute as more than ten (10) years have passed since the infraction took place. 4. Therefore, the Board finds that the error in ground cover ratio is de minimus and owing to circumstances relating to the topography of the structures on the Locus 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 this Zoning Bylaw, requiring Applicants to remove part of the structure, would involve substantial hardship, financial or otherwise, to the Applicants, and the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such Bylaw, there being no remedy available to the Applicants to cure either the lot size or the ground cover issues. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested relief by VARIANCE under Nantucket Zoning Bylaw §139 -16A to validate the existing structure as currently configured upon the Locus allowing a maximum ground cover ratio of about 31 %. Dated: December a2a, 1999 RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 DEC 2 11999 TIME:,_,-.__j� CLERK: IG�RT t TZOD 'ft�"HAV1 SAPS®AFISt 70" i tilC, AJ q'H 1T NQ APwALH- MIBMN '! „ To" JAN �7 �QOO n� in P. Ho /Than, Jr. D. P"eilk-Parent _Q_ I CLA- NWcyScV_bens E&- D I nr— Edward J. ord/ rd Murphy 07/10/99 11:59 FAX 500 228 $292 ZONING CIASSIRCATION: R- WL ARM 5000 S.F. Nw. FRONTAGE .. So.?- FRONT YARD S.B.:..10 F 7� REAR & SIDE S.B. GROUND COYER (x} ..Q . 73.1.3-C4 . WF Skr-r- 3URUE C.B. i•- FNa P� EASnNC: N709,t$•F SEE PLAIT 73.1.3 - CS u/F KaNG icy 0 088018 14 002 ONLY ONCK91Y STAMPED AND ENDORSED COPIES OF THIS PLAN SHALL BE ACKNOWLEDGED BY THE CER"G LAND SURVEYOR. PAKKWCr ' A)M4 N OEcu h 0. MOOD -- FRAME /' x DWELLIA/G In 4 O 50 V 37. 11 r.e NI FWD. FAwcErr WA - N@IrL�dOa4@QC�G TO:..�NTE�FIiZST ................. �n� 0W c U UI m MAN N ......... AND NO OTHERS. i CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT TIME IDS R SHOYM. ARE LOCATED IN FLOOD HAZARD XDNE:• u �`gU4�5 A e v OWNEATED ON FALR.11. / COMMUNITY PANEL NWOEIt '2S023If- m 0 4., ... 0, BY THE FEDERAL SCALE: 1'= 10' DATE: -/UL.Y 30, 1999 EMERCDV IkANA6E11ENT per! EFFECTIVE DATE OF W1PS ^.,)F1HE..3, 1986 AND AS`PERIOOIGU.LY REVISED. Owner. F S�'.ti!FoA'D 71J7"TLE At/D . NI SPECT10N PLAN, W '' AS ,PREPWD FOR MORTCACE PURPOSES /JQ AJCY . $: TC/T7 LE s' AY.AND is NOT TOIE`C011SlI6ffl A FULL INSIRUWWr SM. TfN3 PIAN SHOULD NAT. BE USFD_1t1 E9MIS}I PROPFRrY LwFC_ _ C J�'T 9z3Z L.C.C. 39141.4 Deed�CerL: Pion: F" FENCES; HEDCES..OR. AN1' MW ARY'STRUCTURES ON THE PRMISES, .. . . . . . . ?: THE PROPERTY LINES SHOWN. RELY ON `CURRENT DEEDS AND PLANS Tax Map: 73 l.3 - 66 LOce:�z4DF1M PARK 72D OF RECORD nns p1SPEL710N PIIW X A.c&TF1CAT10N AS TO THE TITLE OR BLACKI�I.L &ASSOCIATES, Inc. OF THE PROPI Y SHOWN. OWNERS OF ADJ09 m PROPERTIES ARE =40* it S DS _ AccoROlNd lr . MAW Tow Of worrucKer A=cssoR ; i:E1xxIDS. ::.:, <.. , Profsssiorwi Loyd Sunisyors THLS PLAN SHAIJ NUT BE, US.ED FOR ANY OTHER PURPOSE OTHER TFM 6 You 's pia y trs INrfiNl>to vsE sTATEn AsovE Nantucket. 14 fusmahuseftc 07 ,54 � f A -i d -q M ,n 2 a n a o z m n n p C) r rn �+ m r x D o n �T; a M M-4 33 (i?y I � Z a C. CC>� e rte. s EXHIBIT D L/)� OC on �x ®oc In PO zO�o w � � U w z � Q 0 0 a a� �H T. Q a U �Q a c CD w CD aNcUi,� a s r s� Q 0 a 0 W3 W �z =z IN z� ^°C OC p w N Q N CC :e L w x LJ w t- W z � Q x z PC C C ti to 3 z v z� �Q Q F 4 k �� = v r oc z �^ x �N^ x� N w.. w Y \ LQ � Q x z z c Q z c ® ` ®® ® Q Z C z Q c w O ® L LQ I LH3M z ® � i G 77 k n x OC X^ CwQN cc LLJ a w U ,c Oil !L^ 30 z� a JIZNb O ?1 b x 1N °H 3 _ t - q po �Q j /y a 3•a Q Q O x 2�tz�.oc x XN 4J�QN a L 1 a 'IV w O a a� 0o V U ❑ 13 �� �m aJ�o a A�vp, Clftaa�u• n3r � �` _ ` v F „r Q p a w F= 0 I- cc OC gr 2 CC b yY C 1 T �lr Y1tq cL��TT T s -Y��8 mr .ttvvves �V �J��T 3 0 iv r �r r 3QCV _ V) M V x zrl 1�2 w �waN x W u P U � E- w . w z _ � a x z a �1 a ❑ O C � J �L c 3 � r Y r.] r .L U I 71 a F2 3 U \ ƒ § ( m 2 \- / m 4 < LL � � / §54 m x LQ / z , \ � � )\i\ ~ \c ® ~ LQ 3< - � % . . . — . [ G \ » - \ \_ , _o.. . Wig§. k G < \ 2 zz \ Town of Nantucket Zoning ard of Appeals RECEIVED BOARD OF ASSESSORS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER..... Schol Joann and Paul d .... Scho .......... ............................... MAILING ADDRESS..... c/o 2 Wlialer.s Lane PO Box 692 Nantucket,, MA, 02554,. ... ..................�............ PROPERTY LOCATION... 24 Codfish . P.ark .................. ............................... ASSESSOR MAP/PARCEL ..... ?3.1.3/66 ............................... I .......... I........ SUBMITTED BY...... Lori D,EIia, 508;228 -4455 .................... ............................... SEE ATTACHED PAGES JUN 0 5 2012 TOWN OF NANTUCKET, MA I certify that the foregoing is a list of all persons who are owners of abutting property, owners of land directly opposite on any public or private street or way, and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B (2)• ?TE ASSESSOR'S OFFICE TOWN OF NANTUCKET \ W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W r r r r r r H r r r H H H r r r r r H H H H H r r r r r H r H r r r r H H H r r H H H H r r � W W W W W W W W W W W w W W W W W W W W W W W W W W w W W W W W W W W W w W W W W W W W W W N O F-' m N r r Y Y r b b b b b b b J J J J m m m m m m m m m m U U U U U U U U N N N N N N N N Y Y H H H O O O O b m J U A W N U N Y 0 b m J U P N H H H O m J m U A W N Y b m J m U A W Y m U P N r b m H O N H O N y O O p n O z r N p 't 'NL O o L'A r O r gctl hi O C H x O H Hn try°m I O m Cy cxi 9 m H 8. 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H q 71 Q to N 71 H 71 1H H Z 71 gyg H rA rA m m m M. yy H m Fa H �75yp1f H H yy ��pI y.q yy 75y�17r yy C N H tl tl tl tl tl tl ro a w m H 0 n at' H b P M O H 0 Y K 7 LJ � Hr H H H N O r r N a N f ro w a m N J J J J J J J J J J J J J J W w W w w w W w W w W W W W L N N N N N N N N w w w W H w w N F A P A A A p A p W W w W L U W" m 0 N w" N F g U O W N n N ro �9 p y p n x H 0 z H p co ro H K C d H H p u1 A G W q O ttJ++ W tO J N !n q � H �t9 N q :tl 1x� H FN+ � S k ❑1 tq m " N a n S y� t7 C7 Q 'p H yH rybtl Z Y tl C � z y Ptg N N � H zzWyz�� H H H rl y g g g g g g z y O O O O O O O O w 0 p O O O N J g N N N N N N O N m o M W W N N g q A N N q O J P N 1 W q O a Moc�c�i ��t�6666 m H H iC H m m� g Sl 70 70 ,I1 b U1 H A x 0 R a M m m z H n Hr H �H H File No. i y �?.lf>I �44!A I, -d�t� R. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 map 7 '1! ' Parcel '.r 'fi rll Z ^� D Z ^� � O C CID C> —i R M o � z C'> �n M t--� rn tV This agreement to extend the time limit for the Board of Appeals to anke a decision, hold a public hearing, at to take other action concerning the application of ' 1' ^' P[:` ?r •+I':ero,, :e?�:. :r,•,^ -a., !, �,.:ii� r� :x'yl ,tt�l,i:r �r:ji �ia�', S :i �Il1$.,f__ ?n ..c ?i�g••rpi�;t!:,E:;o,a!�!: �i? a1t��? ti"# �d•!;: S��iiala�d` at?c��:# �fb�_•:��fi��`t1i "i!;. ?:,.�.�.r ,a,'c,�..t:� .:�•Ig,.R..:tR:,t 1t: ,.>,�rs5 }n, Pursuant to the provisions of the Acts of 1987, Chapter 499, ae rndiag toe State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/Petidones(s) and the Zoning Board of Appeals hereby agree to extend the time limit ,Ff For a public hearing on the application A For a written decision ;=f. :;;,.i..: if!S�. �'. +o.,..ti "f -•:I' -S:.•. 'c!:'i i .I � p,is� ; 0 For otheracHoKR ! I;k,,, i ;1 rt{ !� }k ? j ia.� ", lt��;ii t! ?R: ,1.:.;; ?,.ol•1 Such application is: o An appeal from the decision of any ad<rainistrxioe ofitrlal 0 A petition for a special permit O A petition for »variance • An extension • A modification The new time limit shall be midnight oa �l}$�i:,�'%�;4. �3:2;(`}i�`t:,ti F.;l �.., wes..:::1(!.1� ; {,.y ° -. , which is not earlier than a time limit set by statute or bylaw. The Applicant (s), attorney, or agent for rite Applicant represented to he duty 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 Act, as amended, to the extent, but only to the extent, inconsistent with this agreement For Applicant (s) f - ' 11'f — r For Zoning Board of Appeals '! ;i% ? ."i! `i if '° *; lii i ia ! !;4,p- Town Clerk Stamp: Lffectivc Date ofAlp=ment HA"A 2 Fairgrounds Road Nantucket Massachusetts 42554 508 -225 -7215 telephone 548 - 2284298 facsimile rn C'7 rn rn 0 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 o D N Z C o Z Date: November 29, To: Parties in Interest and Others concerned with tkj De�pisl3on of The BOARD OF APPEALS in the Application of the following -e � ro Application No: 044 -12 Owner /Applicant: PAUL D. SCHOLD AND JOAN SCHOLD 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. EdwarcrS. 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 73.1.3, Parcel 66 Land Court Plan No. 39141 -A Certificate of Title No. 19,545 24 Codfish Park `SCOnset Residential - 1 DECISION• 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, August 9, 2012, at 12:00 P.M and Thursday, October 11, 2012 at 1:00 P.M. at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of PAUL D. SCHOLD AND JOANN SCHOLD, c/o Vaughan, Dale, Hunter, and Beaudette, P.C., 2 Whaler's Lane, PO Box 659, Nantucket, Massachusetts, File No. 044 -12: 2. Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) (alteration of preexisting nonconforming structure) and, to the extent necessary, a modification to Variance No. 096 -99, in order to alter the preexisting nonconforming structure on the Locus. The present structure is nonconforming as to side, rear, and front yard setbacks, being sited as close as 0.4 feet from the southerly side yard lot line, 0.4 feet from the rear yard lot line, and 5.0 feet from the front yard lot line in a zoning district that requires a ten (10) foot side yard setback for corner lots, a five (5) foot rear yard setback, and a ten (10) foot front yard setback. The Locus is nonconforming to lot size, having a lot size of about 1,769 square feet in a zoning district that requires a minimum lot size of 5,000 square feet. The structure is also nonconforming as to ground cover ratio, having a ground cover ratio of. about 318 in a zoning district that requires a ground cover ratio of 308 for lots containing less than 5,000 square feet. The Applicants propose to move the existing dwelling approximately three (3) feet east towards Codfish Park Road. The Applicants also propose to partially demolish and renovate a portion of the building. The dwelling will be sited no closer than 3.6 feet from the rear yard lot line, 2.0 feet from the front yard lot line, and the side yard setback violation will not change. The Locus is situated at 24 Codfish Park, is shown on Nantucket Tax Assessor's Map 73.1.3 as Parcel 66, is shown on Land Court Plan No. 39141 -A, and title is registered as Certificate of Title No. 19,545 in the Nantucket County District of the Land Court. The site is zoned `Sconset Residential - 1. 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 matters of planning concern were presented. The owners of an abutting property requested that there be a restriction on exterior construction during the summer months. Another abutter wrote a letter objecting to the proposed renovations. Otherwise, there was no support nor opposition presented at the public hearing except for the presentation by the Applicants' representative. 4. Attorney Richard Beaudette represented the Applicants. Attorney Beaudette explained to the Board the Applicants are requesting Special Permit relief and, to the extent necessary, a modification to Variance No. 096 -99, in order to partially demolish and relocate the preexisting nonconforming structure on the Locus. The present structure is nonconforming as to side, rear, and front yard setbacks, being sited as close as 0.4 feet from the southerly side yard lot line, 0.4 feet from the rear yard lot line, and 5.0 feet from the front yard lot line in a zoning district that requires a ten (10) foot side yard setback for corner lots, a five (5) foot rear yard setback, and a ten (10) foot front yard setback. The Locus is nonconforming to lot size, having a lot size of about 1,769 square feet in a zoning district that requires a minimum lot size of 5,000 square feet. The structure is also nonconforming as to ground cover ratio, having a ground cover ratio of about 318 in a zoning district that requires a ground cover ratio of 308 for lots containing less than 5,000 square feet. At the August 9th hearing, it was determined that the Applicants needed to modify the requested relief due to a change in the siting of the structure. 04 Accordingly, the application was re- noticed. The Applicants now propose to move the existing dwelling approximately three (3) feet east towards Codfish Park Road. The Applicants also propose to partially demolish and renovate a portion of the building. The dwelling will now be sited no closer than 3.6 feet from the rear yard lot line, 2.0 feet from the front yard lot line, and the side yard setback violation will not change. Because the location of the structure relative to the lot lines predates the Zoning Bylaw, the structure is considered preexisting nonconforming with respect to setback violations. The Locus has the benefit of Variance No. 096 -99 which validates the ground cover ratio at about 318. Accordingly, because the ground cover ratio is not being affected as a result of the proposed renovations, Special Permit relief to alter and extend a preexisting nonconforming structure is appropriate. 5. Upon these facts, the Board of Appeals, by unanimous vote, made the finding that the proposed alterations to partially demolish and renovate part of the dwelling and to site the structure no closer than approximately 3.6 feet from the rear yard lot line, no closer than approximately 2.0 feet from the front yard lot line, and no closer than approximately 0.9 feet from the side yard lot line would not be substantially more detrimental to the neighborhood than the existing nonconformities, and granted the requested relief by Special Permit to authorize this alteration and extension, subject to the following conditions: (a) All work shall be done in substantial conformity to the plan entitled "Proposed Dwelling - Schold," prepared by Brook Meerbergen Designs, attached hereto as "Exhibit A "; (b) All work shall be done in substantial conformity with Historic District Commission Certificate of Appropriateness No. 58,303, as may be amended from time to time; and, (C) No exterior construction shall take place between Memorial Day and Labor Day in any year. SIGNATURE PAGE TO FOLLOW 0 Dated: �WbeL I , 2012 Geoffrey Thayer COMMONWEALTH OF MASSACHUSETTS Nantucket, as. ' I sr 4 2012 On this ti Qty of Nv1 '2012, before me, the undersigned Notary Public, personally appeared /[lur who is personally known to me, and who is the person whose name is signed on dlelpreceding or attached document, and who acknowledged to me that&?she signed it voluntarily for its stated purpose. N ublic: 1 )144 6 AAVv My commission expires: "UU',OA- w02° g qpo x m -Y �T�� Q �Qp0 i_ � V sY4 v o< \\ V ^e Uv iZti� � n10�0 U¢ O cam_ ga. -z cu¢Q ���H�