HomeMy WebLinkAbout075-13 58A Orange StreetNANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET Y
NANTUCKET, MA 02554
FEE: $300.00 �A�N
APPLICATION FOR RELIEF m
n
Michael Lynch � N m
Mailingaddress• c/o Sarah P. Alger, P.C, Two south water street, Nantuc Wit, ..tts of 554
Applicant's name(s): same as above
Mna:na addroaae Same as above m
Locus address: SBA Orange street Assessor's Map/Parc& 5541/79.2
Land Court Plan/Plan Book& Page/Plan File No.: 2013 -38 Lot No.: 2
Date lot acquired: 8 / 15 / 13 Deed RefXert. of Title: Book 1399, Page 31 Zoning District: a -OH
Uses on Lot – Commercial: None x Yes (describe)
Residential: Number of dwellings 1 Duplex_ Apartments—Rental Rooms_
Building Date(s): All pre -date 7/72? yes or C of O(s)?
Building Permit Nos: 188-01
Previous Zoning Board Application Nos.: 051 -05
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 attached Addendum.
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.
X
to bring this matter before the Board
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Hearing(s) held on: _/_/ Opened on:_/ /_ Continued to:_ /_/ Withdrawn ?:_ / /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
(Michael Lynch, 58A Orange Street,
Nantucket, Massachusetts)
The Applicant seeks a special permit under Nantucket Zoning
By -law (the "By -law ") 45139- 33.A.(4), (5)., (8), and (9) and By-
law 5139 -18.B to alter and extend a pre- existing nonconforming
structure on a pre- existing nonconforming lot, where no parking
is provided.. The locus is pre- existing, nonconforming as to lot
area, frontage, side and rear setback, parking, and use. The
building has been used for commercial purposes, most recently as
the sign shop and storage for the Department of Public Works.
The Town recently sold the property to the Applicant. The
Applicant proposes to demolish the existing structure and to
rebuild a two -story dwelling that will be less nonconforming as
to side and rear setback, having a rear and side setback of just
over three (3) feet, and that will conform as to use. The
Applicant also proposes to reconfigure the shape of the lot by
swapping parcels of approximately equal size with the abutter.
The .locus will continue to be nonconforming as to frontage, lot
area, and parking.
The locus is located at 58A Orange Street, is shown on
Nantucket Tax Assessor's Map 5591 as Parcel 79.2, is shown as
Lot 2 on Plan No. 2013 -38 recorded with Nantucket Deeds, and is
located in the Residential Old Historic(ROH) zoning district.
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Doc: DD 08/1612013 11:14 AM
OUITCLAIM DEED
SSA Orange Street, Nantucket, Massachusetts
The TOWN OF NANTUCKET, a Massachusetts municipal corporation having a
principal place of business at 16 Broad Street, Nantucket, Nantucket County, Massachusetts
acting by and through its Board of Selectmen (the "Grantor"), in consideration of Three Hundred
Ten Thousand and 00 /100 Dollars ($310,000.00), receipt of which is hereby acknowledged,
pursuant to the authority of Article 80 voted upon at 2009 Annual Town Meeting, a certified
copy of which is attached hereto, grants to Michael Lynch of P.O. Box 2543, Nantucket,
Massachusetts 02584 (the "Grantee "), with QUITCLAIM COVENANTS, that certain lot of land
with the building thereon located at 58A Orange Street, Nantucket, Massachusetts, shown as Lot
2 on a plan of land entitled "Being a Redivision of Land Shown on Plan Book 15, Page 108, Plan
of land in Nantucket, Mass., Prepared for Town of Nantucket, Deed Book 122, Page 246," dated
August 5, 2013, prepared y Island Surveyors, LLC, recorded with Nantucket County Registry
of Deeds as Plan Ni the "Plan"). The premises hereby conveyed contains approximately
1,106 square tech more ess, according to said Plan.
The undersigned certfifies that there has been full compliance with the provisions of G. L.
c. 44 §63A.
No deed stamp taxes are due on this conveyance.
For Grantor's title, see Deed recorded with said Deeds in Book 122, Page 246.
(Remainder of Page Intentionally Blank. Signatures Follow on Next Page.)
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EXECUTED under seal this day of S'i� . 2013.
N GMI:T 408ANK
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TOWN OF NANTUCKET
BY ITS BOARD OF SELECTMEN
" Vet '
Rick Atherton
Bruce D. Miller
Matthew G. Fee
1/
Tobias ,Xdfidden
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On this 1 day of V S � 2013, before me, the undersigned Notary Public,
personally appeared Rion Robert DeCosta, Bruce D. Miller, Matthew G. Fee and
Tobias B. Glidden as Members of the Board of Selectmen of the Town of Nantucket, proved to
me through satisfactory evidence of identification, which was personal knowledge, to be the
persons whose names are signed on the preceding or attached document, and acknowledged to
me that they signed it voluntarily for its stated purpose as the free and deed of the Board of
Selectmen of the Town of Nantucket. 'E'
479871 NANT197ir/UUL
Bit: 01399 Pg: 33
'��rucN�r
Town of Nantucket
OFFICE OF THE
TOWN & COUNTY
CLERK
16 Broad Strnt
NANTUCKET, MASSACHUSETTS 02554 -3590
uo�•�uu
TO WHOM IT MAY CONCERN:
C.1henne Huoupn Storer, MMC, CMMC
Torn & County Clerk
(508)13 &7216
VW( (5011) 32&&)u
Nome: (508) 2&7841
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tow7trlaYr&nenmcYH -e &rov
WEaSITE: Otto' /Mww n��mn!.r- m..env
April 27, 2009
I, Catherine Flanagan Stover, duly elected Clerk of the Town and County of Nantucket, hereby
certify that the April 6, 2009 ANNUAL TOWN MEETING adopted Article 80: "Real Estate
Conveyance: 50A Orange Street' at the April 7, 2009 adjourned session when ...the
adoption of all articles not heretofore acted upon as recommended by the Finance Committee,
or as recommended by the Planning Board was duly motioned and seconded.
CatHerirtB leii p0w8tover, MIMIC, CMMC
Town ilIn an iMerk
P
ATM 09 Article 80, Page 1 of 2
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ARTICLE 80
(Real Estate Conveyance: 58A Orange Street)
To see If the Town will vote to authorize the Board of Selectmen to convey, sell, or
otherwise dispose of Town property located at 58A Orange Street and described in the Town
Assessors records as Map 55.4.1, Parcel 79.2, or any portions thereof or interests therein,
subject to Massachusetts G.L. c. 30B, or to take any other action related thereto.
(Board ofSetectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
convey, sell, or otherwise dispose of Town property located at 58A Orange Street and described
in the Town Assessors records as Map 55.4.1, Parcel 79.2, or any portions thereof or Interests
therein, subject to Massachusetts G.L. c. 30B.
BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance
Committee Motion.
ATM 09 Article 80, Page 2 of 2
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ATTEST: A TRUE COPY
BOARD OF SELECTMEN a ,a
Minutes W the Meeting 0112 June 2013. The meeting look place lo the P d y
Training Room, 4 Fairgrounds Road, Nantucket, MA 02554. McMt of 1
Rick Atherton, Robert DeCosta. Mall Fee, Tobias Glidden, and Bnxe
called the meeting to order at 60 PM. i1a
IANNOUNCEMENTS
1. Town Manager C. Elizabeth Grown announced that there is a Hunrock Pond Road bike path
opening celebration on Saturday, 15 June 2013 at noon at the intersection of Barred Fan Road
and Hummock Pond Road, and that all are welcome.
u PENDING CONTRACTS
1 Approval of Pending Contracts for 12 June 201$ as Set Forth on the Spreadsheet IdenUlled as
Exllibk 1 Which Edrlbit is Irioorooraled Herein by Reference Ms. Gibson reviewed dal pending
contracts and answered Questions from Board members. The pending contracts of 12 June 2013
were approved by the unanimous consent of the meeting.
III OLD BUSINESS
i Decision Regarding Aoceal of David Sloan of Historic District COO isslon fHDCI Disapproval of
Certificate of Appropriateness No " w " Street. Nantucket MA Mao 29 Parcel
104 [Gon inued from 5 June 20131, Chairman AUedon briefly reviewed the public heating held by
the Board on 5 June 2013. rrotirg that Town Counsel has drafted a formal decision for the Board to
vote on. Mr. Miller moved to approve the decision as drafted by Town Counsel (attached)', Mr.
DeCosta seconded. So voted 4 -1. Chalnnan Atherton was Opposed
2 Ratify Votes Taken at 6 Jun 2013 Executive Session Meeting Regarding the Acceptance of
Bids for 19 Masaouat Avenue and WA Oren0e Slid Chairman Atherton explained that various
Town-owned prole were recently put oul to bd, and dre Board, site 6 June 2013 executive
session meeting, voted to accept bids for 19 Masaquet Avenue and 56A Orange Street. Mr.
Gfdden moved to rabry to Board's vote taken in executive session to accept the cash bid of
$1.220 million from Brian Fogarty for 19 Masaquet Avenn: Mr. DeCosta seconded. So voted 4-1,
Mr. Miller abstained. Mr. DeCosta moved to ratify the Board's vote taken in executive session to
accept the highest bid from Michael Lynch at $310.000; Mr. Miller seconded. So voted 3-2.
Chainnn Atherton and Mr. Fee were opposed.
IWORKSHOP
I BUSINESS
.., , c,,,,n NnxlclRc.wctanlishrnenl of aWork
GrouWCOmmhlee Ms. Gibson reviewed long -term munxdpal space needs in general and briefly
reviewed the linslory 0120 Sovlh Water Sheet from when trio Police Department moved out in
bson recommended Ue ressoblishment of a space needs wpdc group and revlewad
2011. Ms. Gi
policy Issues for the Board, including whether Town offxva should be located in or onto(
Some discussion lolicwed onto Tprrn bylaw Uat requires a town meeting vote to downtown.
move Town offices om of th dovmown. Chairman Atherton rioted Uat the Town currentty has
ce spaces a116 Broad $beet, 37 Washington SUael, 2 Fairgrounds Rued, 3 East
municipal off
Chestnut Street, 25 Federal Street 2 Bathing Beach Road, aid the Saltmarsh Senior Center, and
thief the Town is already planning o sap the'Mooney Buidkg' at 22 Broad Street Mr. Miler said
he eels a work group is a good idea but It will need direction at the start, specr icany whether or net
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Town offices are to be rekxaled downtown. He acknowledged that parking is a problem but stated
that progress Is being made, and there is some discussion to re10111 m the TOM parking tot on
Washington Street to add more spaces. Mr. DeCosta spoke in favor of keeping Planning and Land
Use Services (PLUS) at 2 Fairgrounds Road, moving the finance Department back downtown to
20 South Water Street after its been rebuilt or renovated, removing the building at 37 Washington
Street to expand the municipal parking tot or selling the 37 Washington Street lot, and moving the
Fire Department from 131 Pleasant Street to 4 Fairgrounds Road. He also spoke against fire sub-
stations unless they are fully staffed. Chairman Atherton noted that Mr. DeCosta doesn't address
the current condition of 2 Fairgrounds Road. Mr. DeCosta said he feels 2 Fairgrounds Road Is the
best location for PLUS and the Town will need to figure out the capital costs to either renovate or
rebuild the office space there. Mr, Glidden ooncumed with Mr. DeCosts with the exception of the
fire station, saying he feels it would be mono cost effective' to renovate the current fire station at
131 Pleasant Street. Mr. Fee spoke In favor of having a fire sub- slafion downtown. Chairman
Atherton said he agrees with PLUS staying at 2 Fairgrounds Road but Is in favor of all other offices
moving back downtown, noting that parking is a secondary concem. Discussion followed among
Board members. Mr. Fee said the Town needs to bok at how much it is spending and what it can
afford, adding that maintenance and operations of existing buildings need to be added into the
operating budgets. Mr. DeCosta said the Board needs to deckle what to do with 20 South Water
Street as soon as possible and that a space reeds work group needs to be focused on this. Mr,
Miller disagreed, noting the Town already has a design study for 20 South Water Street. Mr.
DeCosm clarified that the Town needs to decide whether to renovate or demolishlrebuild 20 South
Water as the new food zone maps may affect the study plans. The consensus of the Board is to
focus on getting Town offices downtown and keeping PLUS at 2 Fairgrounds Road, and re-
establish a space needs work group to look at one and con options.
2 Discussion Rmardlna Lono-Term Capital Plannino and Financing Ms. Gibson said she had
hoped that the Capital Program Committee could be Involved in the long-term capita planning, and
she said she thinks they are up for i. She reviewed a Capital Program Committee meeting held
yesterday, where it was discussed to have all departments with capital projects in FY 2015 and on
to presentreview their projects with the Committee this summer, In detail. Chairman Atherton
noted that the Sewer P[mmi g Work Group will be coming forward soon with is own
recommendations, among them, funding options. He added that the Board should have more
dialogue on its current debt service guideline percentage. Mr. Miller agreed, saying he feats the
percentage cap should be a goal but should not limit the Town. D'hscussbn among Board members
followed about looking at the -big picture regarding sewer, heads, municipal offices, and school
building capital needs. Nantucket Public Schools Superintendent Mike Comn stated that school
enrollment has increased 11 -12% in the last three years. He rated that he is preparing a request
for the School Commides and the HOC to add another modular classroom in the fall, and said the
school is bringing in an archiect this summer to prepare figures for possible expansion. Capital
Program Committee Chairman Phil Stambaugh discussed maintenance of bulldirgs, noting
maintenance seems to 90t 'Put off unfit it becomes capital projects. Mr. Decesta suggested
establishing a maintenance fund in which money can be added to if yearly to address maintenance
Issues. Mr. Miller noted the Town has an aggressive debt payment schedule and this could create
the opportunity to lake on new projects. Some discussion followed on the Town's debt service.
3 Continued Discussion Repeming Town Infrastructure Threatened by Erosion (continued from 8
May 201122 May 2013) Ms. Gibson explained that staff has begun to look at kmg-term options
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for Baxter Road Which have been reviewed a couple or Umas now with the Board. Mr. Miller said
first and foremost, the Town needs to determine 9 it wants to save Baxter Road, and If so, pursuing
that should be made a high priority. Department of Public Works Director Kara Buzanoski stated
that staff neade direction from the Board and access to engineering and legal services, whether the
Town pursues saving Baxter Road or creating a new access road. Mr. Miller read a statement
urging the Board to take emergency action to save Baxter Road. Mr. Glidden said he is interested
In pursuing saving the road as he Is not ready to Im Sonset', adding the Town needs to take
risks to protect its assets. Attorney John Giorgio of Town Counsel's office reviewed Chapter 67 of
the Town Code which places a temporary moratorium on the constzudion of new coastal
engineering structures, bluff amoring projects, etc. on Tom-owed coastal properties along the
eastem coa911ne of Nantucket, rioting the bylaw does not apply in an emergency. Mr. Giorgio
discussed Town-sponsorship of a bluff armoring project application verses suppod rig a private
landowners application, noting there Is a difference between inaction and sponsoring scrrwthing
that might not work. Mr. Giorgio reviewed the Conservation Commission's emergency application
provision which he said doesn t allow for a lot of time Ne recommended that 9 the goal is to save
Baxer Road, whether the Town takes the lead or its done privately, the Town should retain the
services of an engineering firm to look out or the Town's interests and advise as to options. He
added that a Notice of Intent can be applied for a limited project status. Mr. DeCoslx said he feels
there is a need to schedule an executive session meeting with Tom Counsel as soon as possible
to discuss liability and other issues. Mr, Gorgo said he recommends pursuing both trying to save
Baxter Road and developing a new access road simuffarreously as saving Baxter Road might riot
work through emsion control measures. Following some discussion, an executive session meeting
was scheduled or Wednesday, 19 June 2013 at 4:D0 PM. Chairman Atherton asked Ms. Gibson
and Ms. Buzanoski to look into engaging an engineer between now and then. Discussion among
Board members followed, Mr. Giorgio reviewed the moratorium language further, staring that it
does not over work to project Town mads and assets. Discussion followed about accepting
private donations for the work that is necessary. Mr. Giorgio said that according to MGL Chapter 44
section 33A, any department can accept a gift or any reason and appropriate it with a Board of
Selectmen vole. Mr. Giorgio added that N the Town sponsors the project than all construction laws
apply which will likely increase the costs. Mr. Miller said not to let inaction dictate the outcome of
Baxter Road, and he urged the Board to decide to take action or not.
V ADJOURNMENT
The meeting was unanimously adjourned at 7:41 PM.
Approved the 26w day of June, 2013.
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BOARD OF SELECTMEN
12 JUNE 2013— 6:60 PM
PUBLIC SAFETY FACILITY TRAINING ROOM
4 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS
List of documents used at the meeting:
11.1. Pending contracts spreadsheet for 12 June 2013
III. 1. omit decision, re: HOC appeal, re: 346 Walsh Street
IV. 1. List of discussion materials; outlifre of what has been most recently discussed re: long-
term space needs optlonslpolicy issues; recent letter from Civic League supporting
downtown municipal offices: Town bylaw regarding municipal office location; legal opinion
regarding bylaw on municipal office location; Space Needs Report from Maguire Group
(2007); references to Space Needs in Master Plan; draft revised Space Needs Work
Group misslonlchargelmembership
IV, 2. 10 -year debt service summary (contained In 10-year General Fund budget forecast
document); current 10 -year capital projects (approved and pro)ected; updated from 2013
ATM); Capital Program Committee agendas from 521113 and 6)11113
IV, 3. Outline of various policy issues; Town Counsel memo dated June 7 re: emergency
certification for mad repairslprofecdon, applicability of current moratorium on coastal
engineering structures, betiem ants; staff report dated May 3 ra: access options:
supplemental staff report dated May 20 re: access options; May 22 letter from Aaomey
Alger re: Ryan/Bander Road Access; May 22 email from Attorney Cohen re: Smnset Bluff
protection; June 7 letter from Attomey Cohen re: proposed approach: June 7 letter from
Attorney Dale mi Sankary Head Golf & Beach Club; Town Counsel legal opinion dated
October 17, 2012 re: maintenance of eroding roads; June 7letter from Attorney Alger, re:
Baxter Road; June 7lefler from Attorney James Masterman, re: Baxter Road
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TOWN OF NANTUCKET RECEIVED
BOARD OF APPEALS�'!ty FFB 18 F�j ; 28
NANTUCKET, MASSACHUSETTS. 0255+ TOWN CLERK
Date: February 18, 2014
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 075 -13
Owner /Applicant: MICHAEL LYNCH
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.
`-
Eleanor W. Antonietti,
Zoning Administrator
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- 325 -7587.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MA 02554
Assessor's Map 55.4.1, Deed Book 1399, Page 31
Parcel 79.2 Lot 2, Plan No. 2013 -38
58A Orange Street Residential Old Historic (ROH)
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday,
November 14, 2013, at 1:00 P.M., Four Fairgrounds Road, Nantucket, Massachusetts, the Board
made the following decision on the application of MICHAEL LYNCH, c/o Sarah F. Alger,
P.C., Two South Water Street, Nantucket, Massachusetts, 02554, File No. 075 -13.
2. The Applicant is requesting Special Permit relief pursuant to Nantucket
Zoning By -law (the `By -law ") § §139 -33.A and 139 -18 to alter and extend a pre- existing
nonconforming structure on a pre - existing nonconforming lot, where no parking is provided.
The Applicant proposes to demolish the existing structure, most recently commercially used by
the Town of Nantucket, and to construct a new two -story residential structure that will be less
nonconforming than the existing structure. The Applicant also proposes minor changes to the
shape of the lot. The locus is situated at 58A Orange Street, is shown on Assessor's Map 55.4.1
as Parcel 79.2, and is shown as Lot 2 on Plan No. 2013 -38 recorded with Nantucket Deeds, and
evidence of owner's title is recorded in Book 1399, Page 31 at the Nantucket County Registry of
Deeds. The locus is located in the Residential Old Historic (ROH) zoning district.
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 were no
letters in favor of, or in opposition to, the application. Attorney Steven Cohen, representing an
abutter, and a second abutter spoke at the hearing and requested conditions be imposed upon any
relief granted by the Board.
4. Attorney Sarah Alger represented the Applicant at the hearing. Attorney Alger
explained to the Board that the Applicant is requesting Special Permit relief under By -Law
§ §139- 33.A.(4), (5), (8), and (9) and By -law §139 -18.B to alter and extend the pre - existing
nonconforming structure on this pre - existing nonconforming lot, where no parking is provided.
The locus and the building on it are pre - existing, nonconforming as to lot area, having a
lot area of about 1,206 square feet where a minimum lot area of 5,000 square feet is required; as
to frontage, having frontage of about 33.08 feet where fifty (50) feet is required; as to side and
rear setbacks, being sited essentially on the lot line where a minimum side and rear setback of
five (5) feet is required; as to ground cover having ground cover of close to 100 %, where
maximum ground cover for a lot having lot area of less than 5,000 square feet is 30 %; as to
parking, having no on -site parking; and as to use, being used for commercial purposes in a zone
that does not permit such use.
The building has been used for commercial purposes, most recently as the sign shop and
storage for the Town of Nantucket Department of Public Works, which is a pre- existing
nonconforming use. The Town recently sold the locus to the Applicant, who proposes to convert
its use to that of a dwelling, which is a conforming use.
The Applicant proposes to demolish the existing structure and to rebuild a two -story,
single- family dwelling that will be less nonconforming as to side and rear setbacks, having a rear
and side setback of just over three (3) feet at the closest point, and that will conform as to use,
being used as a single - family dwelling.
The Applicant also proposes to reconfigure the shape of the lot by swapping parcels of
approximately equal size with an abutter. The locus will continue to be nonconforming as to
frontage, ground cover, lot area, and parking.
5. Therefore, after a discussion with the Applicant and taking testimony from the
public, the Board finds that such Special Permit relief pursuant to By -Law § §139- 33.A.(4), (5),
(8), and (9) and By -law §139 -18.13 to alter and extend the pre - existing nonconforming structure
on this pre- existing nonconforming lot, where no parking is provided, to allow the demolition of
the existing structure and construction of a new two -story, single- family dwelling, that is less
nonconforming but that is still nonconforming as to side and rear setback, ground cover, and
parking, to be used as a dwelling, which is a conforming use, and to reconfigure the shape of the
lot by swapping a parcel of equal size with an abutter would be in harmony with the general
purposes and intent of the By -law and would not be substantially more detrimental to the
neighborhood than the existing nonconformity, the concerns of the abutters being adequately
addressed by the conditions imposed hereby.
6. Accordingly, by a UNANIMOUS vote, the Board of Appeals grants such Special
Permit relief pursuant to By -Law §§l39-33.A.(4),(5),(8), and (9) and By -law §139 -18.B to alter
and extend the pre - existing nonconforming structure on this pre - existing nonconforming lot,
where no parking is provided, to allow the demolition of the existing structure and construction
of a new two -story, single - family dwelling, that is less nonconforming but that is still
nonconforming as to side and rear setbacks, ground cover, and parking, to be used as a dwelling,
which is a conforming use, and to reconfigure the shape of the lot by swapping a parcel of equal
size with an abutter upon the following conditions:
(a) All work shall be done in substantial compliance with the plan
entitled "Site Plan of Land in Nantucket, Mass." prepared by
Island Surveryors, LLC, dated October 15, 2013, a reduced copy
of which is attached hereto as "Exhibit A7.
(b) There shall be no exterior construction between Memorial Day and
Labor Day of any year.
* * * * * * * * * * * * * * * * * **
SIGNATURE PAGE TO FOLLOW
Dated: February 1-2>, 2014
Nantucket, ss
COMMONWEALTH OF MASSACHUSETTS
On this ,/w day of Febru
undersi nI .Orj Notary LL Public,
known to me, and to me, and who is the person
person
preceding or attached document, and
he /she signed it voluntarily for its
sry, 2014, before me, the
personally appeared
who is personally
whose name is signed on the
who acknowledged to me that
stated purpose.
My commission expires: LYNELL D. VOLLANS
Notary Public
Commonwealth of Mauochusens
My Commission Expires
December 28, 2018
Notar
Public
My commission expires: LYNELL D. VOLLANS
Notary Public
Commonwealth of Mauochusens
My Commission Expires
December 28, 2018
EXHIBIT A
OA P510
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