The URL can be used to link to this page

Home My WebLink About051-13 77 Washington Street1 CAp RECEIVED 2013 SEP 9 API 9 55 TOWN OF NANTUCKET i:ANTUCKET TORN CLERK BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. 061 -1 3 Owacr s name(s): Peter B. Zschau and Melanie Y. Zschau Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP 6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584 Phone Number: 508- 2283128 L -Mail: air@readelaw.com Applicant's name(s): Same Mailing Address: Same Phone Number Same F. -Mail: Same Locus Addtess: 77 Washington Street Assessors Map /Parcel: 42.2.3 -42 No plan of retard Deed Reference Book 1254, Page 89: Zoning District Residential - Commercial Uses on Lot- Commercial: None Yes (describe) ResidentiaL Number of dwellings' Duplex Yes Apattments Date of Stntctum(s): all pre -date 7/72 or Building Permit Numbers: Previous Zoning Board Application Numbers: 2 Fairground. Road Nantucket Massachusetts 02554 SD8- 228 -7215 telephone 508- 228 -7298 facsimile State below or attach a separate addendum of specific special permits of vadance relief applying for The applicants propose to demolish the existing dwelling and garage upon the locus and to construct a new duplex dwelling upon their pre- existing lot of record situated in the Residential - Commercial ( "RC") zoning district, which contains about 4,734 square feet in lot area; minimum lot area in the RC district is 5,000 square feet. Maximum ground cover ratio in the RC zoning district is 508; however, for an undersized lot of record, the maximum ground cover ratio is 308. The present structures upon the locus have ground cover of 30.18. The proposed structure, which has received approvals from the Nantucket Conservation Commission and the Nantucket Historic District Commission, will have ground cover of about 1,811 square feet, for ground cover of about 38.38. Under Nantucket Zoning By -law §139-33.E(2) (a), relief by Special Permit may be granted for an undersized lot of record to authorize it to have ground cover up to the amount otherwise permitted in the zoning district. As part of the plan, the present parking layout in which vehiclas back directly out into Francis Street will be changed so that cars will be able to turn within the locus and head out into Francis Street. Accordingly, the applicants request relief by Special Permit to authorize the construction of the new structure with ground cover ratio of about 38.38. I certify that the infornation contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Peter B. Zeban and Melanie Y. Zschau Owner' By: SIGNATURE: A . Arplieant /Atmmey /Agent Ar ur I. Reade, Jr. OFFICE USE ONLY Application teceived on:—/—/— By:_ Complete:_ Need Copies:_ Filed with Town Clerk:,_/_ Planning Bom d:JJ_ Building Dept.:-/-/- By:_ Fee deposited with Town Tteasute -jj- By:_ Waiver requested:_ Granted:_ /_ /_ Hearing notice posted with Town Clerk:_ /_ /_ Mailed:_ %_ /_ & —/-J_ Hcanng(s) held on.—/—/— Opened on.—/—/— Continued to: _/_/_ Withdrawn:_ /_ /_ Decision Due By:—/—/— Rude-._/_ /_ Filed w /Town Clerk:_ /_/_ Mailed:_/_/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile 1�1.s. 11v 1......1... s..,..,- :oo..... a x N V= a �L]J N �\ N LL]d 's N ]19 1 4Z2.331 422]IT n \ dz IJ ! %a n asks is ] 4] it n N \ ...2 _ :-1 M Propertylnlorine0on Propartylo 422342 Location 27 WASHINGTON ST Owner M(3iAUPETERB &MELANIE 0 �4 kr �Po2A\k0 MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Tna Tam make: no c Ia are and na m nenaes, saplemmml or Implied, ommormin2 me mYdiNor a¢u req M Ne GIS data pmsenw an lab map. Parcelaupdated0epmaer, 2012 LV I n tlC w $� P�"USLTTS <' semA0 TEA do� �e J w m >�obo I I W to uy M �'N wm Z3QO42o J P - �owwoo oft . �'; I is fired e$ 4 X s� Seg s w•w .. „,.. ��y. ffi3 �� _ F N S NuSETTS , @ TO: � O 6 '3 �.% CFS � •v 9 tS: J� o`d a ; 11]]x€ gyxypp$_$@@ eat ��tltltlR 0'e hg$'�� giR�X 6a � pl SGSG ddd ¢ m Ism 233 21 lip, 10 ,00 Town of Nantucket Zonine Board of Anneals RECENED BOARD OF ASSESSORS AUG 01 2013 TOWN OF NANTUCKET. MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: II i ..�PROPERTY OWNER... ................. .. .�I:!;1 K. e MAILING ADDRESS. c�o, R 9A!x.Gullickaen, Hanley & Gifford, LLP 77 --// ...... ............................... PROPERTY LOCATION....l...l...WS��in Ci:I:'ri „$'i ";YC! {�,........., ASSESSOR MAP /PARCEL. �. 2::.: 2_ ................. ............................... iCrM✓r SUBMITTED BY... RR9tl ¢...�4,i1,�cicsen,,,Hanley, 6, Gifford: LLP .............. SEE ATTACHED PAGES 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 abutter's 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 Zmtirg Code Chapter 40A, Section 139 -29B (2)• ,2a /3 ,SE z, ) T ASSESSOR'S OFFICB TOWN OFNANTUCKET H H z M 0 H f+ NZ S�A��nxCCCCCCG�iGC�CC GCFn58��GCC�� - aas��s ss�GS ss" � aas $ �.. �.... mmm mmx .m.n...�.mmwn�.n.nnnmmmm.mnm.m A.......... mm mm. .mm.mm mmmm.mmwmmo..m.mmmmmmmm.mmm.mw. 94494 9112209 C 444044 C 049 G 44 C C 099444 §9$G4494994 ae:an .. aaxmnwmw ..wwaee:..mxaas9 °smn.wmmae�nm.. e w mu+muvu rvmon n num enom n a ......... . mm�mmnnmmmmmmwnn .nn�mmmw�mmm.n.n wxnnw._ ............ :nnnnnnn �H �a AS 91'9 ! a r, at,/3 TOWN OF NANTUCKET c� o BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02"4:M70 m N G'J f 3 m Date: October 10, 101,3, r cn m � 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: Peter B. Zschau and Melanie Y. Zschau 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 90A, 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 , 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 42.2.3, Parcel 42 (NO plan of record) 77 Washington Street Deed, Book 1254, Page 89 Residential - Commercial DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, which commenced on Thursday, September 12, 2013, and was continued to and concluded upon Thursday, October 10, 2013, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of Peter B. Zschau and Melanie Y. Zschau, c/o Reads, Gullicksen, Hanley, Gifford & Cohen, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 051 -13: 2. The applicants propose to demolish the existing dwelling and garage upon locus, and to construct a new duplex dwelling. Locus is a pre- existing, undersized lot of record with lot area of about 4,734 square feet, with the minimum lot area in this Residential - Commercial zoning district being 5,000 square feet, and the existing structures have a ground cover ratio of about 30.18. Maximum ground cover ratio on this zoning district is 50 %; however, for lots containing less than 5,000 square feet of lot area, the maximum ground cover ratio is 30 %. The proposed structure, which has received approvals from the Nantucket Conservation Commission and Nantucket Historic District Commission, would have ground cover of about 1,811 square feet, for a ground cover ratio of about 38.38. Accordingly, the applicant requests relief from the maximum ground cover ratio by Special Permit under Nantucket Zoning By -law 4139- 33.E(2)(a), which authorizes the special permit granting authority to issue such relief to permit ground cover ratio to be increased from 30% to the ratio authorized in the 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 no presentation no by oche applicants and their representatives, support presented at the public hearing, in person or by correspondence. 01 4. As presented by the applicants. the proposed work which they propose to perform will result in an improvement of the present parking situation upon locus, which consists of an irregular parking area with vehicles backing into the heavily - traveled public way, Francis Street, near its intersection with Washington Street. The applicants will be required to provide three parking spaces for the new duplex structure, and as presented upon the new site plan, prepared by Blackwell & Associates and dated August 8, 2013, and revised October 3, 2013, a copy of which is attached hereto as Exhibit A (which reflects changes in the parking layout as suggested by the Board at the initial hearing) , all vehicles in the new parking area will have ample room to turn within locus and enter the roadway heading forward. Considering the relatively small deficiency in lot area of locus from the minimum lot area required in this zoning district, the Board did not express concern for the neighborhood or any other protected interest of the Zoning By- law in granting the requested increase in ground cover. 5. The Board of Appeals, by UNANIMOUS action of the four sitting members, made the finding that the requested relief to allow ground cover of about 38.1% as shown upon the Exhibit A plan would be in harmony with the purpose and intent of the Zoning By -law, and granted this Special Permit relief, subject to the condition that no exterior construction wo be performed between Memorial Day and Labor Day in any yZ'/'?I Dated: October.31D , 2013 2 rey COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. On this ?'day of 00 20-13ry, before me the undersigned notary public, personally appeared G ✓I A L�� M Ni e , , and proved roc through satisfactory evidence of idennficatton, whit as [ ] MA Onver s License ersonal knowledge of the identity of the signatory [ ] Other: to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose. otary b is y Co s,ion Expires: KAPEN L L7 "!a . RAo P7A 1 LOW -'.A FAUN Oy M+ wYJIY / MyGmnY�YOn EigN .Wi 1Q 90! T s Nips; s p s N GNUSE1Tg . WUW3M O p �N oWwdo ,^j'kffi9 m 2 Qe tip: pill e 2a- 0b �k. 0'�t!'�v R�irQ3a e'i E3$�g 1.11 call Ins H