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Home My WebLink About036B-13 ZA 101 Eel Point Road Town of Nantucket '4,p,MTUCk4r OFFICE OF THE Catherine Town&Couoty Clerk CMMC 0 TOWN & COUNTY 03 y, (508)228-7217 ~� FAX(508)325-5313 ` '‘ CLERK Home:(508)228-7841 a''..,,,,,,: Email:townclerk @nantucket-ma.gov '4pORAi�V' 16 Broad Street NANTUCKET, MASSACHUSETTS 02554-3590 November 8, 2013 Per the attached emails from Planning and Land Use Services Dept. (PLUS)via Deputy Director of Planning, Leslie Snell, Zoning Administrator Decision dated: September 30, 2013 for William and Denise Welsh, 101 Eel Point Road is now Application Number: 036B-13 ZA. Ii Nantucket Town Clerk's Office — o 2 w C C r rri c° : 1i1 o —o 0 z �. n N r s rn .t 7 I • _-- RECEI\,'ED '~ ` - P A RECEIYE( 11 SL 3��, j 2 Z8 9oVg. ' CT 0'ii N C L L �..o � TOWN OF NANIH I AI2WC - • ZONING ADMINISTRATOR TLOR NANTUCKET, MASSACHUSETTS 02554 Date: September 30, 2013 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No: ,- A-.&-.3.9.--1-3- Owner/Applicant: William and Denise Welsh 101 Eel Point Road Enclosed is the Decision of the Zoning Administrator which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision to the Zoning Board of Appeals may be taken pursuant to Nantucket Zoning Bylaw Section 139-29.C. (3) Any action appealing the Decision must be brought by filing a notice of appeal, specifying the grounds thereof, with the Town Clerk, pursuant to Nantucket Zoning Bylaw Section 139-29.C. (6) ei4,4-,ea.„, Leslie Woodson Snell, Zoning Administrator cc: Town Clerk Building Commissioner/Zoning Enforcement Officer 40 NANTUCKET ZONING ADMINISTRATOR 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor' s Map 32 101 Eel Point Road Parcel 7 Certificate of Title 16014 Book 430, Page 005 Limited Use General 2 DECISION: 1. Upon review of the application submitted by the Applicant for the above-referenced property, it was determined by the Zoning Administrator that pursuant to Nantucket Zoning Bylaw Section 139-33.A. (3) (a) , the proposed addition to the structure does not increase the nonconforming nature of said structure. 2 . The Applicant is proposing to relocate the existing structure away from the eroding coastal bank. The structure will be moved to a southerly location on the Locus, toward Eel Point Road. The structure location will conform to the front yard setback requirements for the LUG-2 district and the angle of the structure upon the Locus will be altered to lessen the side yard setback intrusions from what currently exist. 3. The structure on the Locus is preexisting nonconforming with respect to side yard setback, where the structure is sited as close as 0 feet to the western side yard lot line and as close as 1. 4 feet from the eastern side yard lot line, in a zoning district that requires a 15 foot side yard setback. The existing ground cover ratio is 15. 5% in a district that allows a maximum of 4% . The Locus is also pre- existing nonconforming, having 25. 3 feet of frontage where 150 feet is required, having approximately 6, 222 square feet of lot area where 80, 000 is required, and having approximately 84% upland where 90% is required. 4 . Therefore, because the structure in the proposed location will be further away from the side yard lot lines than the structure in its current location, the ground cover ratio and upland calculations will not be altered as a result of the relocation, and because no other existing nonconformities will be increased and no new nonconformities will be created as a result of the relocation, all as shown on the site plan entitled, "Board of Appeals Site Plan, 101 Eel Point Road" prepared by Site Design Engineering, LLC, dated July 29, 2013, attached hereto as "Exhibit A", the proposal will not increase the nonconforming nature of the structure on the Locus. Assessor' s Map 32 101 Eel Point Road Parcel 7 Certificate of Title 16014 Book 430, Page 005 Limited Use General 2 I1'7/JL' Leslie Woodson Snell Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. SeplavkLIPL, 2013 On this 3V day of rep-it-1146,A, , 2013, before me, th undersigned Notary Public, personally appeared )J4't.( a/ gon g- k , who is personally known to me, and who is the person whose name is signed on the 4 preceding or attached document, and who acknowledged to me that he/she signed it voluntarily for its stated purpose. 1 / / i L j. ...4 • .4,/ i. Notary "ublic• My jrnmission sires: mac. Notary Public OF MASSACHusemill V1,, cacatrm ion Exptn` ' 1 2014. EXHIBIT A NANTUCKET SOUND SITE NANTUCKET SOUND 1 1111111111111 '��_ Efl -��, /JEAN mA CH 1 (OBSERVED MM^CN,201,}) � SITE DESIGN - ENGINEERING,LLC. 111114klita.� ..•3 -, 1I CUSHMAN STREET o b • COASTAL MIDDLEBORO,MA 02346 .=' T:508-967-0673 F:508-967.0 674 WL'NJ.STTEDESIGNENG.COM N z ° ; P N N 4 N a y O µ I ' � TOp OF 1BANX� l • — VICINITY MAP NTS RETA WALL ' DECK •LEGEND 3.1 ' i.a' 4 CONCRETE BOUND SEE GRANT OF EASEMENT I EXISTING/ v LAID COURT DOCUMENT{57775 HOUSE / • DRILL HOLE (GRANTED TO 101 EEL POWT RD V. / 0 FOR PORCH AN3 DECK) 1.6' ' / (ALSO SEE VARIANCE LC.DOC.{60288) 13' .,•.. H<TLANOS OY•R I o -. - — EXISTING WETLAND UNE r,',mI — - o 100•WETLAND BUFFER UNE O I• DECK — — — — 2. 't i r i 'I 2.0'± PROPOSED BUILDING w PORCH _ MOVE LOCATION < 3.Y ° 103 EEL POMT ROAD 4'' �„ o OWNER & APPLICANT MAP 32 LOT 6 2.3't __ -3ma�. 6.2• .. z WILLIAM J. & DENISE C. WELSH 2 STORY S 0 •IIIII_ �I' DECK PLAN REVISIONS LC. CERT. {16014 = 100•TOP OF DEED BK.430/PG.5 — _ A—I -_t= BUFFER DATE: JULY 29,2013 L.C. PLAN 13887-P (LOTS 8 &11) �M�� 1 I nF3-4/N DRAM,'BY: DESIGN BY CHECK BY: MAP 32 LOT 7 _ n — 2.0'� RWDCM DCM RWDCM 101 EEL POINT ROAD LIA EXISTING STAIRS TO @E PROJECT NO. 13005 EXTENDED TO ALLO)N ISSUED FOR: FOR CHANGE IN GRAD€ 2.0•t APPROVAL // \ 7 1111111 N/F / \ 1�7 t I O CUTOUT LLC. / \V 7 I °O I V m 99 POINT MAP 32 T "mo o.r.y.'' / W I I - LC CERT.{22916 DEED BK.1129/PG.134 ROBERT L j,r ° r N O LC.PLAN 13687-P(LOTS A WIG) .SON i Nancy Holmes From: Sent: To: Cc: Leslie Snell Friday, November 08, 2013 11:31 AM Catherine Stover; Nancy Holmes; Gail Holdgate Gail Holdgate; Andrew Vorce Subject: RE: Zoning Administrator Decisions: 039-13 ZA and 036-13 ZA Catherine— My explanation is that I simply made a cut and paste error with the file numbers. 11 Thanks, Leslie Leslie Woodson Snell, AICP,I,EED AP Deputy Director of Planning Lighting Enforcement Officer Planning and Land Use Services (PLUS) Nantucket Planning Office 2 Fairgrounds Road Nantucket, MA 02554 508.325.5385 telephone 508.228.7298 facsimile lwsnell@nantucket-ma.gov www.nantucket-ma.gov From: Catherine Stover Sent: Thursday, November 07, 2013 11:24 AM To: Nancy Holmes; Gail Holdgate Cc: Gail Holdgate; Leslie Snell; Andrew Vorce Subject: RE: Zoning Administrator Decisions: 039-13 ZA and 036-13 ZA As you stated earlier, Nancy, we have office policies, which on occasion we relax in order to help folks out. Illustrated below is an example of how a good deed has now complicated OUR filing and certification procedures. We will now return to our general office policy, and adhere firmly to it: "When we have been notified that filings have been submitted with mistakes, or need changes subsequent to filing with us, we need a fresh, new copy with the corrections and/or changes made." Naturally, if the changes or mistakes are not substantial :in nature, (for example, the duplicate numbers situation) we will honor the original filing time stamp. Leslie, could I trouble you for a brief explanation of what happened with the duplicate filing numbers from your end? (an email will be sufficient) We will then attach our own explanation for what then became duplicate file numbers in our system. Nancy, you have my permission to issue a certified copy when we receive Leslie's explanation. Thanks, everyone! CFS From: Nancy Holmes Sent: Thursday, November 07, 2013 10:54 AM To: 'Catherine Flanagan Stover' Subject: FW: Zoning Administrator Decisions: 039-13 ZA and 036-13 ZA Catherine, I have ask your permission to release this Zoning Administrator Decision. We've finally got an answer on some duplicate#'s, but I'm not comfortable writing another New#onto it and thought we should get something signed by Leslie to attach,which she seems reluctant to do. Should I just Certify it as is and release it? N. From: Nancy Holmes Sent: Wednesday, November 06, 2013 11:26 AM To: Leslie Snell Subject: RE: Zoning Administrator Decisions: 039-13 ZA and 036-13 ZA Leslie - because you had originally asked Gail to change the File#, which she did—which was then a duplicate file#-as we have explained. Now we are modifying that number so it is not a duplicate. We have never been in the habit of doing this with past ZBA or ZBA Admin. decisions. Legal relevance or no, it does not look good if we in the Town Clerk's are hand-modifying decisions that we are supposed to be not only the repository for, but are Certifying as"true attested copies"that have passed a period of appeal. You had forwarded this to Lynell and she asked me what I need to correct it, which I believe I have made a very simple clarification request thereof. Nancy From: Leslie Snell Sent: Wednesday, November 06, 2013 11:02 AM To: Nancy Holmes; Lynell Vollans 2 Cc: Gail Holdgate Subject: RE: Zoning Administrator Decisions: 039-13 ZA and 036-13 ZA Nancy— I don't understand why you need a signed"note". We e-mailed you a corrected file number,which has no legal relevance whatsoever and is only used for our internal file system. Why can't you just release the document? Leslie Leslie Woodson Snell,AICP,LEED AP Deputy Director of Planning I Sighting Enforcement Officer Planning and Land Use Services (PLUS) Nantucket Planning Office 2 Fairgrounds Road Nantucket, MA 02554 508.325.5385 telephone 508.228.7298 facsimile Iwsnell@nantucket-ma.gov www.nantucket-ma.gov From: Nancy Holmes Sent: Wednesday, November 06, 2013 9:56 AM To: Lynell Vollans; Leslie Snell Cc: Gail Holdgate Subject: RE: Zoning Administrator Decisions: 039-13 ZA and 036-13 ZA Good Morning Ladies, Reade's office is still waiting to get a Certified Copy of decision (036B-13 ZA) for Welsh property below. Can we get that note to attach to the decision regarding the modified decision number sometime today? They've been asking me daily for it. Thanks, N. From: Nancy Holmes Sent: Thursday, October 31, 2013 2:46 PM To: Lynell Vollans; Leslie Snell Cc: Gail Holdgate Subject: RE: Zoning Administrator Decisions: 039-13 ZA and 036-13 ZA Thanks Lynell and Leslie. Do you think at your convenience tomorrow you or someone could bring down a signed (by you or Leslie, doesn't matter to me) copy of this email or a note saying same so that we can attach it to the one for Welsh. I think Leigh from A. Reade's would be happy if she's able to pick it up anytime tomorrow, so please don't make a special trip. Thanks again. 3 .Nancy£. .3(c.&neo Asst. Town/County Clerk Town of Nantucket 16 Broad Street Nantucket, MA 02554 (508) 228-7216/7217 nholmes(a�nantucket-ma.gov From: Lynell Vollans Sent: Thursday, October 31, 2013 2:25 PM To: Leslie Snell; Nancy Holmes Subject: RE: Zoning Administrator Decisions: 039-13 ZA and 036-13 ZA Nancy, • I have unraveled the decisions and we are going to number them as follows: 036-13 ZA- Platt& McCallister—6 Saratoga Lane 036B-13 ZA—Welsh—101 Eel Point Road 039-13 ZA—Philbrick—4 Silver Street Do you need me to bring anything down to correct this? Let me know and I will bring it down ASAP. Thanks, Lynell Lynell Vollans Administrative Specialist Nantucket Planning and Land Use Services 2 Fairgrounds Road Nantucket, MA 02554 telephone 508.325.PLUS(7587)ext. 7024 facsimile 508.228.7298 lvollans(5inantucket-ma.gov From: Leslie Snell Sent: Thursday, October 31, 2013 2:04 PM To: Lynell Vollans Subject: FW: Zoning Administrator Decisions: 039-13 ZA and 036-13 ZA Importance: High From: Nancy Holmes Sent: Thursday, October 31, 2013 10:27 AM To: Leslie Snell Cc: Gail Holdgate Subject: Zoning Administrator Decisions: 039-13 ZA and 036-13 ZA Importance: High Hi Leslie, 4 We really need to clarify the ZA#'s above today as we have had several requests for Certified Copies of Decisions for them. Arthur Reade's Office wants to pick one up today for the Welsh property as the appeal period has expired. However, I'm not comfortable giving it to them until we are certain of the proper Application #'s. As Gail had mentioned in her emails, you had asked her to change Welsh from 039-13 ZA to 036-13 ZA— however we already have 036-13 ZA as: 6 Saratoga Lane. We also already have 039-13 ZA as 4 Silver St. (Philbrick) and have today released a Certified Copy of the decision for the Philbrick property. Could you please send us a note that we can print out and attach to the Welsh decision as to which number it is to be changed to? Then I can attach it with the Certified Decision and release that to Arthur Reade's office. Thank you. Nancy From: Gail Holdgate Sent: Monday, October 07, 2013 9:48 AM To: Leslie Snell Subject: 036-13 ZA Hi Leslie, We have two different properties using the same number 036-13 ZA 1 6 Saratoga Lane, for Charles Platt and Maureen McCallister 101 Eel Point Road, William and Denise Welsh We can fix it whenever you have the time. Thanks Gail From: Gail Holdgate Sent: Friday, October 18, 2013 3:24 PM To: Leslie Snell Cc: Nancy Holmes Subject: 036-13ZA Leslie, A confusing situation and I just wanted to remind you that we have two ZA's with the same number. Today I was asked, by a lawyer's office for 036-13ZA 6 Saratoga Lane, as it was the first one in the office I prepared it for them as a certified Decision. We also have 036-13 ZA 101 Eel Point Road which originally came into the office with the number 039-13 ZA. We had talked about changing the number from 039-13 ZA to 036-13ZA, I did but did not put it in Laser Fiche as I noticed the mistake and emailed you on October 7`h Gail Sincerely, 5