The URL can be used to link to this page

Home My WebLink About039-13 15 Washington AvenueNANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 FEE: $300.00 CASE NO. APPLICATION FOR RELIEF Owner's name(s): Geoffrey W. Thayer Mailing address: Post Office Box 252, Siasconset, Massachusetts 02564 Applicant's name(&): Same Mailing address: Same Locus address:15 Washington Avenue Assessor's Map/Parcel: 6021/42 Land Court Plan/Plan Book & Page/Plan File No.: L.C. z Plan 3092 -10 Lot Nos. 129-B d 134A Date lot acquired:05 /28/2013 Deed Ref./Ceti. of Title:24,802 Zoning District:vQt c Uses on Lot - Commercial: None X Yes (describe) � m r � ^� Residential: Number of dwellings 1 Duplex 0 Apartments 0 Rental Room" o E2 Building Date(s): All pre -date 7172? yes C of O(s) yes z � 3 rn Building Permit Nos: 679 -93 and 1507 -93 Previous Zoning Board Application Nos.: none. m = N N 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: See Addendum attached hereto. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under �the � paiinns� and penalties of perjury. RTCNATi1RF.e /.C/ — "/ . /Y'A' Anolicant Attornev /Aeent X owner or owner's atto%ey, please enclose proof of agency to bring this matter before the 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 Addendum (Geoffrey W. Thayer, 15 Washington Avenue, Nantucket, Massachusetts) The Applicant seeks a special permit under Nantucket Zoning By -law (the "By -law ") §139- 33.A(4) & (5) to alter and extend the pre- existing, nonconforming structure on the locus, which is nonconforming as to front yard setback, having front yard setback of about 8.3 feet where 30 feet is required. The pre- existing, nonconforming garage on the property is nonconforming as to both front and side yard setback, having front yard setback of about 16.3 feet and side setback of about 9.7 feet where 15 feet is required. The lot is nonconforming as to lot area having about 8,000 square feet of land area where 20,000 is now required. The locus is a valid, pre- existing, nonconforming lot of record, having been in existence in separate ownership from all adjacent land since a time prior to 1972, and in addition, the locus was up -zoned from Residential -20 to Village - Residential in 2009. The Applicant proposes to pick up, expand, and relocate the dwelling on the locus and to add a front porch and addition. As so modified, the dwelling will continue to be nonconforming as to front yard setback, but will be no closer than the existing structure. The. garage will remain unchanged, and the locus will otherwise conform to all dimensional requirements of the by -law, including ground cover. The locus is located at 15 Washington Avenue, is shown on Nantucket Tax Assessor's Map 60.2.1 as Parcel 42, is shown as Lots 129 -B and 130 -A on Land Court Plan 3092 -10 filed with Nantucket Registry District, and is located in the Village Residential (V -R) zoning district. Town and County of Nantucket July 2, 2013 tt IZ fl ffi 3 soars : aav \ t n \\ \ \\\ i 1 ,4 am 00' r ' 1" = 70 IIX PmpertytnfdrrnWlpp Property ID 602142 Location 15WASHINGTONAV Owner THOMPSON WILLIMI C & JANE H MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT P._q The Twm makes no came and rommandes, eepreeead or implied, concerning Me vakddy or ,.t acmrary of Me GIS dale presented on this map. 4�` gqy Percale updated DecemW 2012 ,O WASHI NGTON Q� a D STREET a0 AVENUE I * 4RAVE DRIVE DECK Y3 n N15 2 1/2 STORY o DWELLING o o C @%* S.F. N11 ATNOOD, TRUSTEES N 60.21 -44 JANE E. 19.D'3 TRUSTEE. L 1RU51EE. AL 60.2.1 -41 41 .... AVENUE I * 4RAVE DRIVE DECK Y3 n NTT N/F DAVID E. B o KATHLEEN C. 'El's Om ATNOOD, TRUSTEES 60.21 -44 O MH SEPTIC TAW m LOTS 129 -8 & 130 -A AREA = 8,0002 S.F. DFM 100.00 MD N/F HENRY P., III 6 plr3 JANCE S. H4MMON0 60.2.1 -45 NOTES- 1. PROPERTY REZONED R -20 TO V -R, STM 9/21/09. 2. LOT PREDATES ZONING JULY 27, 1972 (10/25/54). 3.jDWEUUNG PREDATES ZONING, SECOND STORY ADDED PERMIT NO. 1507 -8 4. GARAGE POST DATES ZONING, PERMIT NO. 679 -74. 5. CERTIFICATES OF OCCUPANCY NO. 679 -93 AND NO. 1507 -93. CURRENT ZONING: V -R (VILLAGE RESIDENTIAL) MINIMUM LOT SIZE:20,000 S.F. MINIMUM FRONTAGE: 100' FRONTYARD SETBACK:30' SIDE AND REAR SETBACK:15' ALLOWABLE G.C.R.:10% (1,500 S.F. LOT OF RECORD) E10STING G.C.R.:1,265f S.F. FOR PROPERTY ONE DETERMINATION THIS PLOT PUN REJES ON CURRENT DEEDS Alb PLANS OF RECORD, MIMED BY FLED MEASURDTENTS AS MOM HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TIRE EXAMINATION OR A REC DABLE SURVEY.. I HEREBY CERRFY TO THE BEST OF MY KNOWLEDGE THAT THE PRENSES SHOWN ON THIS PLAN ME LOCATED WTHIN THE 'X' ZONE AS DEJNEATED ON THE 'RRM' MM OF COMMUNITY NO. 250230 00151: MAP EFFECTVEJUHE 3. 1966 BY THE EEDERAL ETAERGENCY MANAGEMENT AGENCY. REVISED NOVEMBER 6, 1986. MORTGAGE INSPECTION PLAN #15 WASHINGTON AVENUE IN NANTUCKET, MASSACHUSETTS SCALE:1' =20' DATE:5/17/2013 DEED REFERENCE:L.C. CERT. #22026 PLAN REFERENCE.-L.C. PLAN #3092 -10 ASSESSOR'S REFERENCE: MAP: 60.21 PARCEL' 42 PREPARED FOR: GEOFFREY W. THAYER NANTUCKET SURVEYORS LLC 5 WINDY WAY NANTUCKET, MA. 02554 N -10265 "z `N WASHINGTON AVENUE p� -- _- - -__ -- EDG— PAVENEM _ __ _____ _ �_ DSO D STREET t -50'3 OHCR " w 000.00' J GRAVEL DNCB FND m Smp, _ I h DRIVE FNT 3. DWELLING PREDATES ZONING, SECOND STORY ADDED PERMIT NO. 1507 -80 4. GARAGE POST DATES ZONING, PERMIT NO. 679 -74, 5. CERTIFICATES OF OCCUPANCY NO. 679 -93 AND NO. 1507 -93. CURRENT ZONING:.V —R (VILLAGE RESIDENTIAL) MINIMUM LOT SIZE:20,000 S.R. MINIMUM FRONTAGE-000' FRONTYARD SETBACK:30' SIDE AND REAR SETBACK:15' ALLOWABLE G.C.R.:109 (1,500 S.F. LOT OF RECORD) EXISTING G.C.R.:1,2653 S.F. PROPOSED G.C.R.:1,337f S.F. FOR PROPERTY UNE DEIFRMINATON THIS PLOT PLAN RMES ON CURRENT DEEDS AND PLANS OF RECORD. VENRED BY FIELD MEAMROJENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TILE EXAMWARON OR A RECORDABLE SURVEY. I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THE PROMISES SHOWN ON THIS PLAN ME LOCATED WITHIN THE '%' ZONE AS DELINEATED ON THE 'RRM' MAP OF COMMUNITY NO. 25023D OD1BE; MAP EFFECDVE:JONE 3, 1986 BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. REVISED NOVEMBER 6, 1996. ZBA EXHIBIT PLOT PLAN #15 WASHINGTON AVENUE IN NANTUCKET, MASSACHUSETTS SCALE-=20' DATE:7/3/2013 DEED REFERENCELC. CERT. /24802 PLAN REFERENCE:LC. PLAN $3092 -10 ASSESSOR'S REFERENCE: MAP: 60.2.1 PARCEL-42 PREPARED FOR: GEOFFREY W. THAYER NANTUCKET SURVEYORS LLC 5 WINDY WAY NANTUCKET, MA. 02554 N -10265 210 ORCH —/ STEPS SEPDC TANX .x FLOOR M LOTS 729 -8 8 130 -A s DE CK 2 1/2 STORY AREA -8,001 S.F. DHCB FM qry5 FNO N/F att o jy�1 M-8)9t S.F. _ o 5° f Nil N/f -- 3° 19,04 NOTES: Q�l 1. PROPERTY REZONED R -20 TO V —R, STM DAVID 8 FDBSOI�pUPOM 2. LOT PREDATES ZONING JULY 27. 1972 (10/25/54). o KATHLEEN C. TRUSTEE, ET AL 18.5'S S S ADDITION � WOOD, TRUSTEES ap.2T -a1 eo.2t -ac a nano SHOWER CN DECK SHOWER 3. DWELLING PREDATES ZONING, SECOND STORY ADDED PERMIT NO. 1507 -80 4. GARAGE POST DATES ZONING, PERMIT NO. 679 -74, 5. CERTIFICATES OF OCCUPANCY NO. 679 -93 AND NO. 1507 -93. CURRENT ZONING:.V —R (VILLAGE RESIDENTIAL) MINIMUM LOT SIZE:20,000 S.R. MINIMUM FRONTAGE-000' FRONTYARD SETBACK:30' SIDE AND REAR SETBACK:15' ALLOWABLE G.C.R.:109 (1,500 S.F. LOT OF RECORD) EXISTING G.C.R.:1,2653 S.F. PROPOSED G.C.R.:1,337f S.F. FOR PROPERTY UNE DEIFRMINATON THIS PLOT PLAN RMES ON CURRENT DEEDS AND PLANS OF RECORD. VENRED BY FIELD MEAMROJENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TILE EXAMWARON OR A RECORDABLE SURVEY. I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THE PROMISES SHOWN ON THIS PLAN ME LOCATED WITHIN THE '%' ZONE AS DELINEATED ON THE 'RRM' MAP OF COMMUNITY NO. 25023D OD1BE; MAP EFFECDVE:JONE 3, 1986 BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. REVISED NOVEMBER 6, 1996. ZBA EXHIBIT PLOT PLAN #15 WASHINGTON AVENUE IN NANTUCKET, MASSACHUSETTS SCALE-=20' DATE:7/3/2013 DEED REFERENCELC. CERT. /24802 PLAN REFERENCE:LC. PLAN $3092 -10 ASSESSOR'S REFERENCE: MAP: 60.2.1 PARCEL-42 PREPARED FOR: GEOFFREY W. THAYER NANTUCKET SURVEYORS LLC 5 WINDY WAY NANTUCKET, MA. 02554 N -10265 MH SEPDC TANX .x M LOTS 729 -8 8 130 -A s OHM AREA -8,001 S.F. DHCB FM 100.00' FNO N/F HENRY P., III 8 JAMM S. HAMMOID 502.1 -45 NOTES: Q�l 1. PROPERTY REZONED R -20 TO V —R, STM 9/21/09. 2. LOT PREDATES ZONING JULY 27. 1972 (10/25/54). 3. DWELLING PREDATES ZONING, SECOND STORY ADDED PERMIT NO. 1507 -80 4. GARAGE POST DATES ZONING, PERMIT NO. 679 -74, 5. CERTIFICATES OF OCCUPANCY NO. 679 -93 AND NO. 1507 -93. CURRENT ZONING:.V —R (VILLAGE RESIDENTIAL) MINIMUM LOT SIZE:20,000 S.R. MINIMUM FRONTAGE-000' FRONTYARD SETBACK:30' SIDE AND REAR SETBACK:15' ALLOWABLE G.C.R.:109 (1,500 S.F. LOT OF RECORD) EXISTING G.C.R.:1,2653 S.F. PROPOSED G.C.R.:1,337f S.F. FOR PROPERTY UNE DEIFRMINATON THIS PLOT PLAN RMES ON CURRENT DEEDS AND PLANS OF RECORD. VENRED BY FIELD MEAMROJENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TILE EXAMWARON OR A RECORDABLE SURVEY. I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THE PROMISES SHOWN ON THIS PLAN ME LOCATED WITHIN THE '%' ZONE AS DELINEATED ON THE 'RRM' MAP OF COMMUNITY NO. 25023D OD1BE; MAP EFFECDVE:JONE 3, 1986 BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. REVISED NOVEMBER 6, 1996. ZBA EXHIBIT PLOT PLAN #15 WASHINGTON AVENUE IN NANTUCKET, MASSACHUSETTS SCALE-=20' DATE:7/3/2013 DEED REFERENCELC. CERT. /24802 PLAN REFERENCE:LC. PLAN $3092 -10 ASSESSOR'S REFERENCE: MAP: 60.2.1 PARCEL-42 PREPARED FOR: GEOFFREY W. THAYER NANTUCKET SURVEYORS LLC 5 WINDY WAY NANTUCKET, MA. 02554 N -10265 RECEIVED BOARD' OF ASSESSORS l MAY 14 2013 Town of Nantucket TOWN OF ZONING BOARD OF APPEALS NANTUCKET, MA P . LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF' Nancy J. Reid & Will -iam X. Thompson, Successor Trustees of William C. PROPERTY OW1�ER:ThomRson Livinq Trust and Jane H.' Thompson Living Trust c/o Sarah F. Alger,-P...., Two South Water Street., Nantucket' +fAILINO ADDRESS ......... .............................................................. 15 Washington Avenue PROPERTY LOCATION .......:............................ ............................... ASSESSORS MAP/PARCEL:..;•;eoz1 /nz APPLICANT .....Serah F,. Alger.......... ' SEE ATTACHED PAGES I certify that the forogoing Is a list of persons who are owners of abutting property, owners of ' land directly opposite on any public or private street or way; and abuttors of the abutters and all other landowners within 300 feet of the property line of owner's property, all as tliey appear on the most recent applicable tax list (bLO.L c. 40A, Section I I Zoning Code Chapter 139. Section 139.29D (2) . DA`fE./ ASSESSOR'S OFFICE Town of Nantucket I ..........................�ie t6R00066EbbS56bbbb69�6Cb6b6 ..,..:.:::CW.u�....... ...... ............. ............. 8888858 8 r8� '<< 3 6 g k � ff S t6R00066EbbS56bbbb69�6Cb6b6 ..,..:.:::CW.u�....... ...... ............. ............. 8888858 8 r8� '<< 3 6 g k Easy Peel® Labels i Band along line to AVERY® 5160® Use Avery®Template 51600 j Feed Paperer expose Pop -up Edge TM ` Town of Nantucket Alexander Schmid Trustee 4 Amigos LLC Conservation Commission c/o Nancy Kunmett 4 Kenilworth Lane 16 Broad Street 54 Captain Pierce Road Rye NY 10580 Nantucket MA 02554 Scituate MA 02066 Ruth E & William E Grieder Tis Naomi Smith Cheryl K. Coffin et al, Trustees The Maddequet Nominee Trust Weyand Trust Six Sisters Realty Trust 15 Birch Tree Road 1135 Oxford Road NE 199 Polpis Road Foxboro MA 02035 Atlanta GA 30306 Nantucket MA 02554 Hither Creek LLC Alita Brooks Mary E Chalice 14 Withe Pass 18 Washington Avenue 7 D Street Burlington CT 06013 Nantucket MA 02554 Nantucket MA 02554 Paul B. Metrithew Franklin Bartlett Fred Tn. Susan Jennison Etal PO Box 120 P.O. Box 777 615 Wyoming Avenue Amherst NH 03031 Nantucket MA 02554 Wyomissing PA 19610 Stephen H Rogers Gerald L. & Betsy T. Brown Robert & Pamela Schacchez c/o Arthur Pase - Hemingway, & 1350 Main Street 43 Tabardry Mill Port Barttes Lynnfield MA 01944 Chapel Hill NC 27517 60 State Street Boston MA 02109 Muyabi LLC Eta] Jane E Hobson - Dupont Ttst Etal Kathleen C. & David E. Atwood C/O Eric Getshman 11 Washington Ave Trst 300 Meadow Lane Nantucket MA 02554 95 Brentwood Road Stowe VT 05672 Exeter NH 03833 Henry P Hammond, III & Janice Eileen Mullin Etal Jessie M. Glidden, Trustee Hammond 19 Washington Avenue c/o 307 Madaket Road Realty Trust 20 Lenape Lane Nantucket MA 02554 P.O. Box 1243 Colts Neck NJ 07722 Nantucket MA 02554 Silva Lining Real Estate I.LC Elizabeth Roxby Eta] John P. Sjovall c/o Silva Lining Real Estate 31 Elmore Street 312 Madaket Road PO Box 987 Arlington MA 02476 Nantucket MA 02554 Nantucket MA 02554 Lloyd & Elizabeth Sherwood Mark L. Palma Janet A. & Robert C. Hassold 108 Edgemont Road 49 Riley Road 2 Tiger Drive Scarsdale NY 10583 Northboto MA 01532 Califon NJ 07853 Etiquettes faciles a peler i . -A Repliez d la hachure afin de i www.averyxom Easy Peel® Labels A Bend along line to AVERY® 5160 i Use Avery® Template 51600 Feed Paper expose Pop -up Edge - Town of Nantucket Alexander Schmd Trustee 4 Amigos LLC Conservation Commission c/o Nancy Kimmett 4 Kenilworth Lane 16 Broad Street 54 Captain Pierce Road Rye NY 10580 Nantucket MA 02554 Scituate MA 02066 Ruth E & William E Grieder Trs Naomi Smith Cheryl K. Coffin et al, Trustees The Maddequet Nominee Trust Weyand Trust Six Sisters Realty Trust 15 Bitch Tree Road 1135 Oxford Road NE 199 Polpis Road Foxboro MA 02035 Atlanta GA 30306 Nantucket MA 02554 Hither Creek LLC Alita Brooks Mary E Chalke 14 Withe Pass 18 Washington Avenue 7 D Street Burlington CT 06013 Nantucket MA 02554 Nantucket MA 02554 Paul B. Merrithew Franklin Bartlett Etal Tn. Susan Jemison Etal PO Box 120 P.O. Box 777 615 Wyoming Avenue Amherst NH 03031 Nantucket MA 02554 Wyomissing PA 19610 Stephen H Rogers Gerald L. & Betsy T. Brown Robert & Pamela Schaechet c/o Arthur Pase - Hemingway & 1350 Main Street 43 Tabardry Mill Port Barnes Lynnfiekl MA 01940 Chapel Hill NC 27517 60 State Street Boston MA 02109 Muyabi LLC Etal Jane E Hobson - Dupont Trst Etal Kathleen C. & David E. Attwood C/O Eric Cashman 11 Washington Ave Trst 300 Meadow Lane Nantucket MA 02554 95 Brentwood Road Stowe VT 05672 Exeter NH 03833 Henry P Hammond, III & Janice Eileen Mullin Etal Jessie M. Glidden, Trustee Hammond 19 Washington Avenue c/o 307 Madaket Road Realty Trust 20 Lenape Lane Nantucket MA 02554 P.O. Box 1243 Colts Neck NJ 07722 Nantucket MA 02554 Silver Lining Real Estate LLC Elizabeth Roxby Etal John P. Sjovall c/o Silver Lining Real Estate 31 Elmore Street 312 Madaket Road PO Box 987 Arlington MA 02476 Nantucket MA 02554 Nantucket MA 02554 Lloyd & Elizabeth Sherwood Mark L. Palmer Janet A. & Robert C. Hassold 108 Edgenront Road 49 Riley Road 2 Tiger Drive Scarsdale NY 10583 Northbom MA 01532 Califon NJ 07853 €tiquettes faciles a peler A Replier a la hachure afin de ww m w.avery.cc ' Sens de TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 05?� � N n � � m Date: August 8, 201A -o m - o To: Parties in Interest and Others concerned with the Paci�9ion of The BOARD OF APPEALS in the Application of the following: Application No 039 -13 Owner /Applicant: Geoffrey W. Thayer 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 (2161 days. 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 Two Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 60.2.1, Parcel 42 Certificate of Title No. 24,802 15 Washington Avenue, Madaket Lots 129 -B & 130 -A, Land Court Village Residential ( "VR ") Plan No. 3092 -10 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, August 8, 2013, at 12:00 noon, Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of GEOFFREY W. THAYER, C/o Sarah F. Alger, P.C., Two South Water Street, Nantucket, Massachusetts, 02554, File No. 039 -13: 2. The Applicant is requesting Special Permit relief pursuant to Nantucket Zoning By -law (the "By -law ") Section 9139.33A to alter and extend a pre- existing nonconforming structure on the Locus, which is a pre- existing nonconforming lot of record. Applicant proposes to pickup, relocate, and expand the dwelling and to add a front porch and addition. As modified, the dwelling will continue to be nonconforming as to front yard setback but will be no closer than the existing structure. The Locus is situated at 15 Washington Avenue, is shown on Assessor's Map 60.2.1 as Parcel 42, and evidence of owner's title is recorded at Certificate of Title No. 24,802 on file at the Nantucket Registry District of the Land Court. The Locus is zoned Village Residential (VR). 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. There were no letters in favor of, or in opposition to, the application. 4. Attorney Sarah Alger represented the Applicant at the hearing. Attorney Alger explained to the Board that the Applicant is seeking a special permit under By -law §139- 33.A(4) and (5) to alter and extend the pre- existing, nonconforming structure on the Locus, which is nonconforming as to front yard setback, having front yard setback of about 8.3 feet where 30 feet is required. The pre- existing, nonconforming garage on the property is nonconforming as to both front and side yard setback, having front yard setback of about 16.3 feet where 30 feet is required and side setback of about 9.7 feet where 15 feet is required. The lot is nonconforming as to lot area having about 8,000 square feet of land area where 20,000 is now required. The Locus is a valid, pre- existing, nonconforming lot of record, having been in existence in separate ownership from all adjacent land since a time prior to 1972. In addition, the Locus was up -zoned from Residential -20 to Village - Residential in 2009. The Applicant proposes to pick up, expand, and relocate the dwelling on the Locus and to add a front porch and addition. As so modified, the dwelling will continue to be nonconforming as to front yard setback, but will be no closer than the existing structure. The garage will remain unchanged, and the Locus will otherwise conform to all dimensional requirements of the by -law, including ground cover. The locus is located at 15 Washington Avenue, is shown on Nantucket Tax Assessor's Map 60.2.1 as Parcel 92, is shown as Lots 129 -B and 130 -A on Land Court Plan 3092 -10 filed with Nantucket Registry District, and is located in the Village Residential (V -R) zoning district. 5. Therefore, after a discussion with the Applicant, the Board finds that such Special Permit relief under By -law §139 - 33.A(9) and (5) to alter and extend the pre - existing, nonconforming structure on the Locus by picking up, expanding, and relocating the dwelling on the Locus and adding a front porch and addition in such a way that the dwelling will continue to be nonconforming as to front yard setback, but will be no closer than the existing structure, would be in harmony with the general purposes and intent of the Bylaw and would not be substantially more detrimental to the neighborhood than the existing nonconformity. 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 under By -law §139 - 33.A(9) and (5) to alter and extend the pre- existing, nonconforming structure on the Locus by picking up, expanding, and relocating the dwelling on the Locus and adding a front porch and addition in such a way that the dwelling will continue to be nonconforming as to front yard setback, but will be no closer than the existing structure, would be in harmony with the general purposes and intent of the Bylaw and would not be 2 substantially more detrimental to the neighborhood than the existing nonconformity with the following conditions: a. That all work shall be done in substantial compliance with Nantucket Historic District Commission Certificate of Compliance No. 60038 as the same may be amended from time to time. b. That all work shall be done in substantial conformity to the plot plan drawn by Nantucket Surveyors LLC, dated July 3, 2013, a copy of which is attached hereto as Exhibit A. SIGNATURE PAGE TO FOLLOW 3 Dated: ( U , 2013 Nantucket, ss. COMMONWEALTH OF MASSACHUSETTS On this it day of 2013, before me, the u ers i_cJned otary Public, personally appeared M 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. %I(m -vi ta� Notary Public: LCS=INOODION NELL My COmmi55ion expires: WMMUSMS FAy Co8, 2010 if s=4F� WASHINGTON AVENUE Q c V Q2' O - _- ___ - - -- EDC£OF PAVEMENT - - - - - -- - r---- 7 - - - - -- CSO 3 C�E 4 D STREET 3 —50'1 _ WELL I DHCB 100.00 I GRAVEL DHC8 END * m STEPS DRIVE FND SIDE AND REAR SETBACK:15' PROPOSED m NANTUCKET, MASSACHUSETTS EXISTING G.C.R.:1,265± S.F. TE STEPS RELOCAD I REIASED:8 /5/13 (BUILDING FOOTPRINT) FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN DWELLING ROUES ON CURRENT DEEDS AND PUNS OF RECORD, PLAN REFERENCE: LC. PLAN 13092 -10 vEMDFD BY HELD MEASUREMENTS AS SHOW HEREON. 2ND FOR STEPS 9.7' EXAMINATON OR A RECORDABLE SURVEY. MAP: 60.2.1 PARCEL: 42 I HEREBY CERTFY TO THE BEST OF MY MCIMEDGE PREPARED FOR: THAT THE PREMISES SHOW ON THIS PLAN ME DECKR 2 1/2 STORY 0 THE 'RRM' MAP OF COMMUNITY NO. 2SM30 OIDaE: DWELLING MAP E C`DW'.XNE 3, 1988 BY THE FEDERAL EMERGENCY MMAGEMENT AGENCY. G_8 . F 3 C 91 #17 qtt d ] 9 19.0± - ry E. E �Ui O DAVID 5 HOB PONT SOC -0 0 KATHLEEN G TRUSTEE, ET AL 10.2'1 i 5 Om ATWOOD, TRUSTEES 60.21 -41 60.21 -44 2 DECK LLOOR SHOWER SHOWER DELH STEPS S 5 BULKHEAD MH 0 STORAGE SEPTIC TANK WINDOW a WELL if LOTS 129-8 8 130 -A AREA = 8.000± S.F. SHOE END 100.00' DHCB FND is N/F HENRY P.. III B� JANICE S. HAMMOND 60.2.1 -45 MILL I. I .36605 No. 36124 NOTES: 11. PROPERTY REZONED R -20 TO V —R, STM 9/21/09. 2. LOT PREDATES ZONING JULY 27, 1972 (10/25/54). dTJ 5//i 3. DWELUNG PREDATES ZONING, SECOND STORY ADDED PERMIT NO. 1507 -80. 4. GARAGE POST DATES ZONING, PERMIT NO. 679 -74. 5. CERTIFICATES OF OCCUPANCY NO. 679 -93 AND NO. 1507 -93. CURRENT ZONING: V —R (VILLAGE RESIDENTIAL) MINIMUM LOT SIZE: 20,000 S.F. ZBA EXHIBIT PLOT PLAN MINIMUM FRONTAGE:100' FRONTYARD SETBACK:30' G p15 WASHINGTON AVENUE SIDE AND REAR SETBACK:15' ALLOWABLE G.C.R.:10R (1,500 S.F. LOT OF RECORD) NANTUCKET, MASSACHUSETTS EXISTING G.C.R.:1,265± S.F. SCALE:1 " =20' DATE:7/3/2013 PROPOSED G.C.R.:1,400± S.F. REIASED:8 /5/13 (BUILDING FOOTPRINT) FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN DEED REFERENCE: L.C. CERT $24802 ROUES ON CURRENT DEEDS AND PUNS OF RECORD, PLAN REFERENCE: LC. PLAN 13092 -10 vEMDFD BY HELD MEASUREMENTS AS SHOW HEREON. ASSESSOR'S REFERENCE: THIS PLAN IS NOT REPRESENTED TO BE A TIIE EXAMINATON OR A RECORDABLE SURVEY. MAP: 60.2.1 PARCEL: 42 I HEREBY CERTFY TO THE BEST OF MY MCIMEDGE PREPARED FOR: THAT THE PREMISES SHOW ON THIS PLAN ME GEOFFREY W. THAYER LOCATED WITHIN THE 'X' ZONE AS DELINEATED ON THE 'RRM' MAP OF COMMUNITY NO. 2SM30 OIDaE: NANTUCKET SURVEYORS LLC MAP E C`DW'.XNE 3, 1988 BY THE FEDERAL EMERGENCY MMAGEMENT AGENCY. 5 WINDY WAY RINSED NOVEMBER 6. 1996. NANTUCKET, MA. 02554 N.B.129/18 N -10265