Loading...
HomeMy WebLinkAbout068-12 5 Warren Street, Stuart Duty and Mary DutyFee: $300.00 RECEIVED 2012 1 pin 10 34 TOWN OF NANTUC 'ECG ET To04 CLERK BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Owner's name(s): Stuart M. Duty and Mary A. Duty File No. M_t7. Mailing address: 170 Stanwich Road, Greenwich, CT 06830 Phone Number: 508 - 228 -4455 E -Mail: kevin @vdhlaw.com Applicant's name(s): same Mailing Address: same Phone Number: 508 - 228 -4455 E -Mail: kevin @vdhlaw.com Locus Address: 5 Warren Street Assessor's Map /Parcel: 55.4.1/93 Land Court P1anfPI=TB-ocrk- &-Page /-Plan- EiIL --Na.: 23876 -A, Lot 1 Deed Reference/ Certificate of Title: 24132 Zoning District ROH Uses on Lot- Commercial: None x Yes (describe) Residential: Number of dwellings 1 Duplex Apartments Date of Structure(s): all pre -date 7/72 X or Building Permit Numbers: Previous Zoning Board Application Numbers: 004-02;050-10 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: Applicants request a Special Permit under Section 139 -33A of the By -Law to construct a second story addition to their pre- existing and non - conforming primary dwelling by raising the roof and construction of a second story dormer which will create approximately 100 + /- sq. ft. of additional second floor living space. -See Addendum "A" attached hereto. 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. Stuart M. Duty and Mary A. Duty By Their Attorney, SIGNATURE: Kevin F. Dale SIGNATURE: Owner* /Attorney /Agent* *If an Agent is represengg the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on-,1.7,1 / =/ By: Complete Need Copies: Filed with Town Clerk:_/_ /_ Planning Board:—/—/— Building Dept.:_ /_ /_'By: Fee deposited with Town Treasurer:—/—/— ByM Waiver requested: Granted. Hearing notice posted with Town Clerk:_ /_/ Mailed./ I&1Y1 //�' & /_ /_'.- Hearing(s) held on ;/ /_' ;Opened on Continued to: /_ =/ Withdrawn/ /Decision Due By/ Made_/ / Filed w /Town Clerk•/ / = =_/ Mailed./fr 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile ADDENDUM "A" Owners and Applicants Stuart M. Duty and Mary A. Duty ( "Duty ") ask the Board of Appeals to grant them a Special Permit under Section 139 -33A of the By -Law to create approximately one hundred (100+ ) sq. ft. of habitable space on the second floor of their pre= existing, non - conforming primary dwelling by raising the existing roof and constructing a new second story dormer. The Property is located in the Residential Old Historic Zoning District ( "ROH "), has a lot area of 4,538+ sq. ft., existing ground cover of 1,551+ sq. ft. (34.2 %), and frontage of sixty -nine and 86/100 (69.86') feet. The Property is conforming as to ground cover (1,551 sq. ft.; 34.2 %) and frontage (69.86 ft.). Minimum ground cover and frontage requirements in the ROH Zoning District as 50% and 50 feet, respectively. There are two (2) dwellings on the Premises: a primary dwelling with approximately 732+ sq.ft. of ground cover and a guest cottage with approximately 819+ sq.ft. of ground cover. The Property is non - conforming as to lot size and side line set back requirements. It has an area of 4,538+ sq. ft., a minimum lot area of 5,000 sq.ft. is required in the ROH Zoning District. The primary dwelling is also non - conforming as to side yard setback requirements. It has a side yard setback on its westerly side of 3.1+ ft., at its closest point. A minimum five (5') foot side yard setback is required in the ROH Zoning District. Duty intends to construct a second story dormer and raise the roof of the primary dwelling to create approximately one hundred (100 sq.ft.) of additional living space on the second floor. To do so, Duty plans to increase the first floor ground cover by approximately 8± sq.ft. to 1,559+ sq.ft. or 34.35 %. The proposed addition to the second story of the primary dwelling is modest and in harmony with the other dwellings in the ROH Zoning District. The Nantucket Historic District Commission has approved this addition to the Duty's primary dwelling which will not be substantially more detrimental to the neighborhood than the existing primary dwelling. Mr. and Mrs. Duty ask the Board of Appeals to grant this Special Permit. I own ana uoymy Of NanILICKet -October 11, 2012 5 Warren Street 75 .26. 'x W-:31 1.25 [128 129 15 6 \ �\ 63' �j s1 124 V 9 187.1 W 100— IWPP- -187 7 138 85 it y 188 17 'l 82 68 181 lkl—,7'4 2 180 -lq2 an 142 96 3 1451 98 Ail 149 2\ 79 151151 41 93p 21 4 79 41.2 .2 8 s 48 L4 -99 98 37 38 19 16 Vq� 5 43 341 397 �t % 1-7 40 19 19 /`11 4 2 396 346 360 37- 653 20 1\ 6! 3 n 398 343 -4 a 3 3 353 - \7 'p 33 35D 427 37a t 29 "17 =x'188 ft \3 67, 434 24 VV m9; 397 f 656 \ 7 32 y. 37 Property Information Property ID 5541 93 Location 5 WARREN ST Owner MCKEE BARBARA R MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Town makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated January 1, 2011 / SCALE: 1 "=20' N W E S 6g.86 ww''' Iv V'qP�j I HEREBY CERTIFY THAT THE ABOVE MORTGAGE INSPECTION WAS PREPARED FOR: PROVIDENT FUNDING GROUP, INC. IN CONNECTION WITH A NEW MORTGAGE AND IS NOT INTENDED TO REPRESENT A PROPERTY LINE SURVEY. IT CANNOT BE USED FOR ESTABLISHING FENCE OR BUILDING LINES. THE LAND AS SHOWN HEREON IS BASED ON CLIENT FURNISHED INFORMATION AND MAY BE SUBJECT TO FURTHER OUT— SALES, TAKINGS, EASEMENTS AND RIGHTS OF WAY. I CERTIFY THAT THE STRUCTURES SHOWN ON THIS PLAN IS LOCATED AS SHOWN AND TO THE BEST OF MY KNOWLEDGE. DO NOT COMPLY WITH THE CURRENT DIMENSIONAL REGULATIONS OF ZONING BY —LAWS OF THE TOWN OF NANTUCKET AND IS NOT LOCATED IN A SPECIAL FLOOD HAZARD AREA AS SHOWN ON THE F.E.M.A. FLOOD INSURANCE RATE MAP No. 250230 - 0011 —D, dated 7/02/1992. JOHN R. FARREN No. 33590 PROFESSIONAL LAND SURVEYOR Prepared By: RAC KEN Engineering - Surveying Environmental Permitting 19 Old South Road, P.O. Box 3525 Nantucket, MA 02584 Phone: 508-325-0044 Fax: 506-833-2282 i E ZONING CLASSIFICATION: MINIMUM LOT SIZE REQUIRED 5,000 S.F. _g2 EXISTING 4,538± S.F. MINIMUM FRONTAGE 50' 69.86' FRONT SETBACK 0' 6.1'± SIDE/REAR SETBACK 5' 0.3'± GROUND COVER RATIO 50% 34.2% (1.551± S.F.) NOTE: LOT SUBJECT TO PROTECTION UNDER LUNINU BYLAW 139 -33 NOTES 1. CURRENT OWNERS: BARBARA R. McKEE 2. DEED REFERENCE: L.C. CERT. 19992 3. PLAN REFERENCE: L.C. PLAN 23867 —A MORTGAGE PLOT PLAN IN NANTUCKET, MA Prepared For. PROVIDENT FUNDING GROUP, INC. #5 WARREN STREET MAP 55.4.1 PARCEL 93 .t— Sep 06. 2012 — 5:12 pm OY— ,— h -t.dwg N ��d -vc � .rn � �rn x� Nti.qu o ar D z DUTY RESIDENCE �C�MA DD - NOT FOR CONSTRUCTION CHIP WEBSTER ARCHITECTURE T>€ OC z QC ] Vr Y Yr Y t £ L ! $2 V o 1S�d b6 or x �rn xxx� V 4 � N ��d -vc � .rn � �rn x� Nti.qu o ar D z DUTY RESIDENCE �C�MA DD - NOT FOR CONSTRUCTION CHIP WEBSTER ARCHITECTURE elhon Sep 06. 2012 — 5:15 pm OY —w ,heet.Ewy 000 0000 F ji i gN�lM DUTY RESIDENCE X 929H. C CHIP WEBSTER ARCHITECTURE �$ DD - NOT FOR CONSTRUCTION eth- Sep 06, 2012 — 5:42 pm OY— .— h,.Ldwg drn r D 1 z z MOM M IMMS 19 IN Fm 71mum .o .A di D z z m X U) z G) X 0 a 0 cn m 0 sg DUTY RESIDENCE N NRMCKET MA CHIP WEBSTER m ARCHITECTURE IV Rig DD - NOT FOR CONSTRUCTION .Nan Sep 06. 2012 — 5:20 pm 0Y —..�.h..t.d.g 0 z m X Z G) T X O m O m 0 lss�v ! sgs,� DUTY RESIDENCE �CKFM CHIP WEBSTER gig . ARCHITECTURE DD — NOT FOR CONSTRUCTION O D ❑ oo❑ -r _fi m X Z G) T X O m O m 0 lss�v ! sgs,� DUTY RESIDENCE �CKFM CHIP WEBSTER gig . ARCHITECTURE DD — NOT FOR CONSTRUCTION BoA Form Ce 2 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSOR'S LIST OF PARTIES IN INTEREST PROPERTY OWNER: ,S r If, Nr IGrr gr /N �JTY /,,.4 APPLICANT FOR RELIEF (SAME? t� ); ADDRESS OF PROPERTY: S YIl*.) / v ASSESSOR'S MAP - PARCEL: O LIST OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED ): 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) appear on the most recent applicable tax list [pe:- M.G.L. c.40A, §11 and Zoning Code Chapter 139, §139-29D(2)] _ Date Assessor'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. Submitted by Vaug 4DW_tfP C . �® Date. 'H VJ W H b�y � Z �i C O .a U O a U a N N U m m b a z m o� U gm Z m u 0 u M b a° k U O W a ro z H F F N N F >H N N W W w F F F H F F F F F N N W O O N N N N N N N N N F F H z z F H E H E E IH+J w E+ F H 7 CW77jyy ,'�Ojj H 0 O W W f3i] W W W W W Q Q U U U o ffw�� O z z 3$ z z z z z z m m QW 4 4 4 r1 n� U Qw m H O O O O O O O O O m O w n n tD H W N r 01 O r O N N C C C C r1 C d� C N M a 111 O lD n rf 111 N f�l N N N H N W H a} 111 N 111 N 111 111 N C 111 N N .D N m 111 M O N O N N N H d1 n H r N N 111 111 111 N aT N 111 N 111 n� N H n 1p d� rl NO O O O O O O O O N N m N O 0 0 N O O m O 0 o O. rl N 01 n O N M t"1 H H OO O O OQQ O �O 0 IJ El C7 ❑ i> U S i' W i i U H U O W N ❑ a Zg u �F�77 O H W H H W O E O H � H7 E E F t-, O E E, E, H O �H7 O a z a 1�FjyQy, [CH117�� a ,[pp?u w [p7x�., IW� ay q Q E Q z H'4 ; 0 twl] W Q z Q 3 z z z 8 z z S z F WF W qq u Q W w a w P4 E C� Ww W o ❑p K 3 x a E a 2 a N a U WO❑ a b n 0 V W 3 aW r Qi w i F El v H W O w 7 w F r x Q WWo " y z U�w � z Q�a � O xW' z�a � ° E+ F E F E. z x W a W E Q y z W . 14 y ° H m �tW w fl N z p O F o O Oot o ° d O H oN ] d 9 w ' A W \ 0 0 0 0 x O O O E m N tx O Q K Wq >x c� . 2 3 q H o 0 O O1 N H 111 N 111 0 0 0 0 0 0 O H a F F F a H W H K �Fg rf 0 N H F H N C z 14 [Ui] H rH>i x x H W 2 z °a a m m u C4 0 T4 w W w' 14 O O w ° Q W H O °W F a W0.' U N r C W W W F U N w E. z a H N F W w $ W o f E' 1°I N w H E a a w O x w O x Q W W a& O z U❑ W Q i Q W � U� W' f] W�❑ H W W N xa q Hq a N W a w H z a a H W z b Wa x 3 r7 a w a W H W W x .7 x >• F H rS N V❑ x ❑ W' ❑ W H x aa U O z a gx x E [r a N m W O '� W O� W CQ W h QW >Q a w H W H a F '.� W z Q cA F a x z E Q W `.4 3° UFI w a i. w w❑ Q z 3 w UI N o Q .°J] x >• a a x z ❑> W 5 w Q N a w Q 1 a w(W7 ❑ w U N w Qcn �d W N a rw w u wN a ° . w W w o m m W O W 0.t H H Q F w w x i W x m o w 0 w E > �a W O H W ° 14 w w W H N S vzi a m w w r1 r1 m o H� v1 m n m 10 e c��� o N N m o N y. y. y. rl e} eM W H N N N N N N C C 111 l(1 N F H Nw �1 E'I s C O U O a U a a N m y u m m m b a z m O U d z m m y q b O a x U O H m m z r 3 N L H F I-- H� cH/1 uHi rHA E H E H F N N F F E E a E cn m N m N w cn y m m m W cn U U H F F .] m W W W W C�zdWgz�7!! twy7 Cwy9 tWgJ N zaa a z a z a z z .'aaL aa W W W w w UI W a Q O 3 X 37 S 3 3 3 k W Q Q Q Q Q Q [ti F E Q w' a .0 O Cl O O O O Q W U❑ z W z W z z z z 3 3 3 3 3 3 S 0 0 0 U 3 3 3 0.0t S 1n m H n u1 u1 u1 m z H m 01 Q1 O1 Ql 01 01 N N tp m N n D1 N N N H H N N m n N N M r �1 N N N .-1 01 C sN T C W H C. W. T M. t7 m O n If1 Ifl T W Ifl H m m n 01 M H IA N In If1 r �O n M lft N 1D Ifl ri Ot H II1 W In H n to N V M N H N 111 N I N N m T n In H Ill N 1n to N O m W N N N N O O N H O N N N N N O H N N N N n C N l0 H C N 0 0 0 oyy H H r1 o H H o 0 0 Q 0 O S U U£ W ❑ a u r, w W z a F El WFW W W a H z W WE E�7❑ �X F7 r F7 qqq F [x E7 a [ Fx7 (z] WF O w w U H Up U H to QW H aQa H z ,[Z u U z Uyy u aam ZZ U qq U [z U.. /1 x �7 U z z qz W H W 5 z a [w7 z i W H z Z U z U Q 3 z z z r0 2 z m a Q 2 0 � N O qq yN W4 F Q L1 Cl ❑a P U w O Q Q a a s U > q Q .Q7 Ian + N O1m w ❑ a ❑ z a Q m H p; N F a H , ¢ H w c � za a Q1 a a o O F W x O w $ z o W N H 3❑ W a q u O >> z O z Ozm Q �a z z .l a z a vHaa a i a ; w a Q w ry O F 04 z w O ry r m m o m n N O LL H W C C1 N N :1 I W a r H W n H H N N m M N W n H N t'1 N F W F F F a H p El U w F a g F C N C H F E o 0a a a w a O a H H ] w El m H a H a H p�p a i x 3 m F V O Q O Q W El 2 U 3 U E E O z r a H g N j m E u E- rlo� a Q w w a .Y Q Q r❑ a H O P W x Q >1 W z F IQI z w a ❑❑ a Q W U H Q H o 'y'y W a cq S w C7 w w Q x w u to x 5 H a' N�- w F cn Q ?' H V Q H O N E pa g H W W t0 Q O to a W U F W a y K d U z H a a 0 rl z a W z x a a O O H �+ F S 1n G1 ❑ a a O H H x w p a W w Q O O a 1i 9 a µ Q 7 O W a W ? D a O F Q z w [a a h m W W a p Si a F H a I w 0 a 7 iN+ F a om >� a H N O a w IU-I w F a F a H a x rA a h u z a w �d a s '� a H 0 0 r N n 01 O rl N N W 111 r O N �'X N N N t'1 M M I`l t*1 t1 M t�1 M N M N tl M d� C C dI d' T m m 01 01 O1 O1 O1 O1 H C r1 rl H N H .-I H H H N ri F'1 rEr^ LV!, •l \ N E W E� •N C 0 +1 ai O a U N a N N y u m d b Q N z m u u z w 11 .N R b r0l x U O w m N 3 F N N �W O H F m F F E+ F H F F F N F W [ail Q m 7 n m m n y w V U m m W m W O mom U Q x x x x x U x x x x x> x F a a a a a fK a a a a a 0 '1 0 W K F O O O O O O O O O O O 0 0 w 3 N O O N N N N N N N N N N N N Q w0 T M N N N N N N N N N N N m rl N N N N N N O N N N l0 O O t(1 O O O N M O C M O 0 0 0 0 0 lul a W b a w F w E 5E.WC °i izi u° S F 2 U W W O W z W a z x Q m S 2 2 w F z � w U �a w > > m a E+ a aW W 14 Q4 0 Q m> a a W m m ° W w w a a O W O u O o V N a M M x FG' E x (7 O x x> A O Q w x a x o a u x O a 0 w G w 0 0 0 z G O m O w O A 3 F S w m ?� [q o m m N N in w O N& Q N 1 O m m 0 r+ M N O O N N �D G N N G N r1 m N N N G G N m N N W E N O Q E N W m Q N F H H N m El W Q a w W z Q g Q E 3> N G F O w W C°7 O mEl z� uQ' Q o yq w z H Q w w a a w x i W a 1 A U w U H x 0 G a s 2 o ff °x a 11 a 0> H a 1 o� Qco m o w N M F W w w 4 N m z a x x m rC w o H u > u Q z w v a °a x w aw 2 x aw a> m m N N ri W If1 r W W m N N ri E E N H H O a w � x a O O a °w u u W E N O Q E N W m Q N F H H N m El W Q a w W z Q g Q E 3> N G F O w W C°7 O mEl z� uQ' Q o yq w z H Q w w a a w x i W a 1 A U w U H x 0 G a s 2 o ff °x a 11 a 0> H a 1 o� Qco m o w N M F W w w 4 N m z a x x m rC w o H u > u Q z w v a °a x w aw 2 x aw a> m m N N ri W If1 r W W m N N ri John Brescher From: tru2002 @aol.com Sent: Monday, October 29, 2012 12:31 PM To: John Brescher Subject: Comments on 5 Warren St. As an abutting neighbor to 5 Warren St. ( we are at 7 Warren St.) I would like the board to consider the character and size of Warren St. as a whole when you review the height modification to 5 Warren St. We already have an out of character house that was built up to it's current height prior to Warren St. becoming part of the ROH. If 5 Warren is allowed to gain a height that is uncharacteritic to the rest of the street it will book end the houses inbetween and not blend in with it's suroundings. I don't object to the rear expansion and the side setback being less than 5 feet. Please consider the rest of this very quaint and old street when you review the requested roof height modification; that alone could have more of an impact than the ground cover and side setbacks. appreciate your work in helping to keep our quaint neighborhoods intact, Thank you for your time. Sincerely, Carol Truffini 7 Warren St. 9 " TOWN OF NANTUCKET BOARD OF APPEAL, NANTUCKET, MASSACHUSETTS 0255 f 3 0 z o n Date: January 11, P�O1!r 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: Stuart M. Duty and Mary A. Duty 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 I,.G 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 55.4.1, Parcel Certificate of Title No. 24,132 93 5 Warren Street Land Court Plan 23876 -A, Lot 1 Residential Old Historic DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, November 8, 2012, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of STUARY M. DUTY AND MARY A. DUTY, c/o Vaughan, Dale, Hunter, and Beaudette, PC, 2 Whaler's Lane, PO Box 659, Nantucket, Massachusetts 02554, File No. 068 -12: 2. Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5) (alteration of preexisting nonconforming structures) and 139 - 33.E(2)(a) (increase in ground cover ratio by Special Permit) in order to create approximately 100 square feet of habitable space on the second floor of the preexisting nonconforming dwelling by raising the existing roof and constructing a new second story dormer. The Locus is nonconforming as to minimum lot size, having a lot area of approximately 4,538 square feet in a zoning district that requires a minimum lot size of .5,000 square feet; nonconforming as to ground cover ratio, having a ground cover ratio of 34.2% in a zoning district that allows for a maximum ground cover ratio of 30 %; and nonconforming as to side yard setback, being sited as close as 3.1 feet from the side yard lot line in a zoning district that requires a five -(5) foot side yard setback. The proposed additions will increase the ground cover by approximately eight (8) square feet and result in a ground cover ratio of 34.35% where up to 50% is allowed by Special Permit. The Locus is situated at 5 Warren Street, is shown on Nantucket Tax Assessor's Map 55.4.1 as Parcel 93, is shown on Land Court Plan 23876 -A as Lot 1, and title is registered as Certificate of Title No. 24,132 in the Nantucket County District of the Land Court. The site is zoned Residential Old Historic. 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 was one letter in opposition to the application on file. - 4. Attorney Kevin Dale represented the Applicant at the hearing. Attorney Dale explained to the Board that the Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5) and 139 - 33.E.(2)(a) in order to alter the preexisting nonconforming structure by adding approximately 100 square feet of habitable space on the second floor by raising the existing roof and constructing a new second story dormer. The proposed additions will result in an increase of approximately eight (8) square feet of ground cover and result in a ground cover ratio of 34.358. The Locus is nonconforming as to minimum lot size, having a lot area of approximately 4,538 square feet in a zoning district that requires a minimum lot size of 5,000 square feet; nonconforming as to ground cover ratio, having a ground cover ratio of 34.28 in a zoning district that allows for a maximum ground cover ratio of 308; and nonconforming as to side yard setback, being sited as close as 3.1 feet from the side yard lot line in a zoning district that requires a five (5) foot side yard setback. The Board asked Attorney Dale whether or not the proposed alteration has Historic District Commission approval because the nature of the letter in opposition to the project addresses concerns that would have been raised at the Historic District Commission. Attorney Dale informed the Board that the Applicants have approval from the Historic District Commission by virtue of Certificate of Appropriateness No. 58,496. 5. Therefore, after a discussion with the agent for the Applicant, the Board finds that such a Special Permit for relief sought by the Applicant pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and 139- 33.E.(2) in order to alter the structure and add ground cover, as proposed, would not be substantially more detrimental to the neighborhood because said additions and alterations will be no closer to the westerly side E yard lot line than the existing structure and would be in harmony with the general purpose and intent of the Zoning Bylaw. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals grants a Special Permit for the relief sought by the Applicant pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and 139- 33.E.(2) in order to alter and extend the preexisting nonconforming single - family dwelling without increasing the nonconforming nature of the structure with the following conditions: a. That the structure shall not get any closer to the westerly side yard lot line; b. That all work shall be done in conformance with Historic District Commission Certificate of Appropriateness No. 58,496, as may be amended from time to time; and, c. That there shall be no exterior construction for the proposed work, including the exterior use of power tools for interior work or for hardscaping, between Memorial Day and Labor Day of any year. SIGNATURE PAGE TO FOLLOW 3 ` 015 Dated: �U ,281 COMMONWEALTH OF MASSACHUSETTS Nantucket, as. �I91O b On this � wh day , 9p1A., before the undersigned Notary Public, personally appeared 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 i& /she signed it voluntarily for its stated purpose. i Notary Pubic: My commission expires M is_.