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Home My WebLink About042-13 6 Jefferson AvenueC- G P TOWN OF NANTUCKET`T BOARD OF APPEALSm o NANTUCKET, MA 02554 i APPLICATION Fee: $300.00 File No. L -13 Owner's name(s): Barbara W. Schweizer Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP 6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584 Phone Number. 508 -228 -3128 E -Mail: air @teadelaw.com Applicant's name(s): Same Mailing Address: Same Phone Number: Same E -Mad: Same Locus Address: 6 Jefferson Avenue Assessor's Map /Parcel 29 -49.1 Plan Book 22, Page 52, Lot 1 Deed Reference Book 1050, Page 33: Zoning District Residential -1 Uses on Lot- Commercial None Yes (describe) Residential Number of dwellings' One Duplex Apartments Date of Structure(s): all pre -date 7/72 No or 1983 Building Permit Numbers: 2650 -83; 9722 -93; 933 -09 Previous Zoning Board Application Numbers: 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: The applicant proposes to place a new foundation under the single - family dwelling upon the locus, because of water damage to the existing structure. In order to comply with present code requirements for land lying below the elevation of eight feet above sea level, it is necessary to increase the elevation of the first floor of the dwelling by slightly more than two feet. Existing elevation of the structure, as calculated under the Nantucket Zoning By -law, is about 29.7 feet; as a result of the necessary increase in the height of the first floor, the proposed work will result in elevation of the structure above mean grade becoming about 31.8 feet. Maximum height under Nantucket Zoning By -law 4139 -17 is 30 feet. Accordingly, the applicant requests relief by Variance from the maximum height requirement under the By -law, on the basis of soil conditions and topography which create a hardship unique to the locus. 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. SIGNATURE: Barham W Schweizer owner* By: SIGNATURE: �' L Appkesac /Attorney /Agent Arthur I. Reade, Jr. OFFICE USE ONLY Application received ox—/—/— By:_ Complete:_ Need Copies:_ Filed with Town Cie& -/- /- Planning Board--/-/- Building Dept:-/-/- By:_ Fee deposited with Town Treasures._/_/_ By:_ Waiver requested:_ Granted: -/—/_ Hearing notice posted with Town Clerk:JJ_ Mailed —/—/_ I&M—/—/_ &—/—/_ Hearing(s) held on:—/-/_ Opened on:—/—J- Continued to —/—J— Withdrawn:_/_/_ Decision Due By: —/—/_ Made-.—/—J— Filed w /Town Clerk:—/ —/— Mailed: —/—/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile Property Information PropertylD 2909.1 Location 6JEFFERSON AV Owner SOMEIZER BARBARA W > MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT I me Te en makes, no claims and no warames, expressed or implied, concerning to validity or oc rary of Me GIS data presented on this map. Parcels, updated Decemeer, W12 3 gpE EiiA . "e1 i i i i i g 3 J/ ,,1 •,,. S S q 3i ga i i 9 / � e t Ifiill 1 3 � PP-j1 o Town of Nantucket Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER ......... � ..Cn..HpQ,,.�'.vppFrrt...L�..�:.. MAILING ADDRESS ..................!..ar PROPERTY LOCATION ...... .....- f.c�'-Sa� fTU� ASSESSOR MAP/PARCEL ...... / N.. .....Lc..n'.�.....�...t4"'i.R.. C.L.... /.9 SUBMITTED BY........ ...... ......... rJ VFr. t ....... SEE ATTACHED PAGES R 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). 2 7 /O 03, DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET \f j§ §- ; � � | ,!!! ;\ ! �| || ■ |§ "] �| . |�...._. ..|,. .... 11 ;, ;..; „ ; ................ 29 30 NANTUCKET TOWN OF LINCOLN PHILIP W ETAL C/O PARK & REC 31 SETTLERS PATH 2 BATHING BEACH RD LANCASTER, MA 01523 NANTUCKET, MA 02554 TARRYTOWN, NY 10591 -5112 29 30 BELL STUART L TRUSTEE FARELLO MICHAEL 1 & CATHERINE CAMPANA NOMINEE TRUST 9 NORTH STREET 350 WILLOW ST GREENWICH, CT 06830 SOUTHPORT, CT 06890 29 30 MILLER WILLIAM C IV DIAMOND ROBERT E 1R 515 MADISON AVE SUITE I 8 C/O CLARFELD FINANCIAL NEW YORK, NY 10022 560 WHITE PLAINS RD 5TH FLR TARRYTOWN, NY 10591 29 30 GOTTWALD THOMAS E TRST DIAMOND ROBERT E IR 14915 WHITFIELD AVE C/O CLARFELD & COMPANY PACIFIC PALISADES, CA 90272 560 WHITE PLAINS RD 5TH FLR NANTUCKET, MA 02554 TARRYTOWN, NY 10591 -5112 29 30 VAN DYKE DEBORAH TRUSTEE MILLER WILLIAM C IV 74 NORTH BEACH ST NOM TRUST 515 MADISON AVE SUITE I8B 74 N BEACH ST NEW YORK, NY 10022 NANTUCKET, MA 02554 NEW YORK, NY 10017 29 30 NANTUCKET TOWN OF ONE GRANT LLC C/O PARK &REC 4707 WOODWAY LANE NW 2 BATHING BEACH RD WASHINGTON, DC 20016 NANTUCKET, MA 02554 29 30 NANTUCKET CONSERVATION FOUND I HILFIGER SUSAN C PO BOX 13 C/O ELLIOT HOROWITZ COMPANY NANTUCKET, MA 02554 675 THIRD AV 23RD FLR SIMSBURY, CT 06070 NEW YORK, NY 10017 29 30 NANTUCKET CONSERVATION FOUND I HILFIGER SUSAN C PO BOX 13 C/O ELLIOT HOROWITZ COMPANY NANTUCKET, MA 02554 675 THIRD AV 23RD FLR SIMSBURY, CT 06070 NEW YORK, NY 10017 29 30 BERMEL JOHN ITRST NANTUCKET ISLANDS LAND BANK NINE CABOT LN NOM TRUST 22 BROAD ST 237 OLD FARMS RD NANTUCKET, MA 02554 SIMSBURY, CT 06070 PALM BEACH GARDENS, FL 33410 29 30 GOTTWALD THOMAS E TRST LEVINGER FREDERICK N & CAROL 1 14915 WHITFIELD AVE LEVINGER NOMINEE TRUST PACIFIC PALISADES, CA 90272 13360 PROVENCE DR PALM BEACH GARDENS, FL 33410 30 DIAMOND JENNIFER C/O CLARFELD FINANCIAL CENTER 560 WHITE PLAINS RD 5TH FLOOR TARRYTOWN, NY 10591 30 DIAMOND JENNIFER C/O CLARFELD FINANCIAL ADVISORS 560 WHITE PLAINS RD STE 530 TARRYTOWN, NY 10591 30 HOFFMAN MARGUERITE S 9963 ROCKBROOK DRIVE DALLAS, TX 75220 30 CERUZZI LOUIS L IR 1720 POST ROAD FAIiFIELD, CT 06824 30 MILLER WILLIAM C IV 515 MADISON AVE SUITE 18B NEW YORK, NY 10022 -5418 TOWN OF NANTUCKET BOARD OF APPEALS y NANTUCKET, MASSACHUSETTS 453* s m o,, G Date: September 4, 22�r 3 O 2 f�nn cp To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following' Application No: 042 -13 Owner /Applicant: Barbara W. Schweizer 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. 9do&0� 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 49.1 - Plan Book 22, Page 52 6 Jefferson Avenue Lot 1 Residential -1 Deed, Book 1050, Page 33 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, August 8, 2013, at noon, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of Barbara W. Schweizer, c/o Reads, Gullicksen, Hanley, Gifford 6 Cohen, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 042 -13: 2. The applicant proposes to place a new foundation under the single - family dwelling upon locus, because of water damage to the existing structure. In order to comply with present code requirements for land lying below the elevation of eight feet above sea level, the applicant proposes to increase the elevation of the first floor of the structure. The existing elevation of the structure above mean grade, as calculated under the Nantucket Zoning By -law, is about 29.7 feet; the proposed increase in elevation of the first floor will increase the elevation of the .structure above mean grade to about 32.45 feet. Maximum elevation above mean grade under By -law §139 -17 is 30 feet. Accordingly, the applicant requests relief by Variance from the maximum height requirement under the By -law. Locus is situated at 6 Jefferson Avenue, Assessor's Parcel 29 -49.1, is shown upon plan recorded with the Nantucket Registry of Deeds in Plan Book 22, Page 52, as Lot 1, and is situated in a Residential -1 zoning district. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation, on the basis that no matter of planning concern was presented. Except for the presentation by the applicant's representatives, there was no support nor opposition presented at the public hearing. -4. As presented by the applicant's counsel, Professional Engineer, and a family member, the foundation and first floor of the existing structure have sustained structural damage as a result of exposure to water. The engineer has designed a new 1 foundation conforming to present floodplain construction requirements in order to replace the existing foundation and preserve the structural integrity of the dwelling. Compliance with these requirements will increase the elevation of the structure above mean grade, as calculated under the By -law, by nearly three feet. 5. On the basis of the facts as presented, the Board of Appeals, by UNANIMOUS vote made the finding that circumstances relating to the soil conditions and topography of locus, and especially affecting locus but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the By -law as to building height would involve substantial hardship to the appellant, there being no reasonable alternative for the preservation of the structure, and that the requested relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By -law, and GRANTED relief by Variance to permit the increase in elevation of the structure as proposed, subject to the following condition. 6. The relief hereby granted that no exterior work shall be and Labor Day in any year. Dated: 2013 is subject to the condition ay 2 ZBA File 042 -13 Approved August 8, 2013 Assessor's Map 29, Parcel 49.1 6 Jefferson Avenue Residential -1 SIGNATURES ON PREVIOUS PAGE Plan Book 22, Page 52 Lot 1 Deed, Book 1050, Page 33 COMMONWEALTH OF MASSACHUSETTS Nantucket, SS , 2013 On the V ( day of Vw 2013, before me, the un �sI d gotary public, ��ersonally appeared �,p�/ , one of the above -named members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he /she signed the foregoing instrument voluntarily for the purposes therein expressed. MY161i. i