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Home My WebLink About078-13 3 Traders LaneAPPLICATION Fee: $300.00 Owner's name(s): Katherine Ann M C] skey Mailing address: 3 Traders Lane h1antuckeL MA 02554 Phone Number: 508- 228 -2393 ]~Mail: File No. M -113 Applicant's name(s):Brian Fggg, Co tra t Purchasex Mailing Address: 18 CM Lane Readim MA 01867 Phone Number: 781- 254-6615 ]-Mail : Locus Address: 3 Traders T me Assessor's Map /Parcel: 4233/116 Land Court Plan /Plan Book & Page /Plan File No.: None Deed Reference /Certificate of Title: Book 131 Page 34 Zoning District ROH Uses on Lot- Commercial: None Yes (describe) Residential: Number of dwellings 1 Duplex Apartments Date of Structure(s): all pre -date 7/72 X of Building Permit Numbers: Previous Zoning Board Applimtion Numbers: None 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimilc State below or attach a separate addendum of specific special permits of variance relief applying for. 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 .a J �o-',tilr Owner* i SIGNATURE: Applicant /Attorney /Agent* *If an Agent is [epos ' g the Owner of the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on.—/—/— By Complete:_ Need Copies:_ Filed with Town Cleric –/J_ Planning Board:_ /J_ Building Dept./–/– By._ Fee deposited with Town Ticasurer:JJ_ By— Waiver requested:_ Granted:—/_j_ Heating notice posted with Town Clerlc –/J_ Mailed:_ /_/_ I&M_/J_ & _/ _/_ Headng(s) held on:–/—/_ Opened on:—/—/— Continued to:_ / _/_ Withdrawn:_ /_/_ Decision Due By:_ /_/_ Filed w /Town Clerk:_/_/_ Mailed:_/_/_ 2 Faitgtsunds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508- 228.7298 facsimile Exhibit "A" Katherine Anne McCluskey, Owner Brian Fogarty, Contract Purchaser 3 Traders Lane, Nantucket, Ma The Applicant is seeking SPECICAL PERMIT relief under Nantucket Zoning Bylaw Chapter 139- 33A(4)(5)(change and extension of non- cunforming structure) to allow the temporary lifting of existing house to repair and/or replace the existing foundation, to increase the height of single story ell on the back of house by approximately 2.00 feet and to reconfigure the roof of the existing ell on the house. The Premises are located at 3 Traders Lane, Assessor's Map 4233, Parcel 116, Book 131, Page 34. The property is zoned Residential Old Historic (ROH). ' v 1a ® I ®a �a �e °o e ay 3 ` 1 71 a r:amarmime KSfil tlW lManaeYN �0 ��mq uapuluo nux.nla Fj a Y�SF�Ii 6 niN ' v 1a ® I ®a �a �e °o e ay 3 ` 1 71 a w"ew�.�'r..�a.��.mm >,ri.u•e rrxr:a.q �r 11161 � ee w.�mw�a+. Y smvwv.rw.•u P 6i� Print ht4)://us-Tng5.mil.yahoo.com/neo/laumh?,rand= 13iu47q3dv3v5gmail Cop% O/C 6--tM'4 /L 5EaT /VoV. 2.1 Z013 Subject: File No. 078-13 From: Bill Gosh blIligosh @yahoo.com) To Isnell@nantucket— ma.gov, Date: Saturday, November 2, 2013 10:17 AM To: Nantucket Zoning Board Of Appeals 2 Fairgrounds Road Nantucket, MA 02554 From: Betty Gosh 477 Holman Drive Brookfield, Vr 05036 RE: File No. 078 -13 Brian Fogerty as applicant Dear Board, Since Brian Fogerty is seeking Special Permit to lift 3 Traders Lane, I have the following serious concerns: The foundation and sewer connection of my 1750 house at 4 Traders Lane is approximately 15 feet from the proposed excavation for a cellar hole at 3 Traders Lane. I am deeply concerned that the excavation (especially the vibration of pounding in the beams that support the metal plates that would be installed to keep the lane from falling in) will damage the foundation, sewer connection, exterior and interior walls and 260 - year -old window panes of my house, which is protected by the Nantucket Preservation Trust. I am further concerned that the excavation will cause excessive dirt and filth to the exterior and interior of my house. Therefore, I request that Brian Fogerty give me documentation confirming that he will be responsible for any and all damages to my house and property, along with copies of his and his contractor's insurance polices stating the same. Since we do not receive mail at 4 Traders Lane, please send all documents pertaining to this matter to: Betty Gosh 477 Holman Drive 1 oft 11/2/2013 10:18 AM Print M tp: / /m- rng5.mail.yahoo.wm/r)eo/law h? rand= 13nA7g3dv3v5ffmail Brookfield, VT 05036 Phone: 802) 276 -3393 However, any communication or documents can be personally delivered to me at 4 Traders Lane from November 25th to December 6th, as my husband and I will be in residence during that period. Thank you for your attention to this matter. Sincerely, Betty Gosh 4 5�.VP4011- 2 of 2 11/7/2013 10:18 AM 0 COPY Z`9Pp6 TOWN OF NANTUCKET"ECEIVED BOARD OF APPEALS 17 Pn 2 17 NANTUCKET, MASSACHUSETTS-02554 0 L E R Date: December 17, 2013 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 078 -13 Owner /Applicant: Brian Fogarty S Katherine Ann McCluskey 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. ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET. MASSACHUSETTS 02554 Map 42.3.3 Parcel 116 3 Traders Lane Residential Old Historic DECISION Book 131, Pg 34 Plan No. 2013 -60 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, November 14, 2013, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of BRIAN FOGARTY (contract purchaser) for KATHERINE ANN McCLUSKEY (owner), of 18 Cory Lane, Reading, MA 01867, File No. 078 -13: 2. The Applicant is seeking SPECIAL PERMIT relief under Nantucket Zoning Bylaw Chapter 139- 33.A.(4) & (5) (alteration and extension of pre- existing non - conforming structure on a pre- existing non - conforming lot) to allow the temporary lifting of the existing house to repair and/or replace the existing foundation, to increase the height of single story ell on the west side of the house and to reconfigure the roof of the existing ell on the house. The Locus is situated at 3 Traders Lane, is shown on Assessor's Map 4233, Parcel 116, on Plan No. 2013 -60, and evidence of owners' title is recorded at the Nantucket Registry of Deeds in Book 131, Page 34. The site is zoned ROH. 3. Our decision is based upon the application and accompanying materials, representations and testimony received at our public hearing. The Planning Board made no recommendation. There was an e-mail from the owner of the house across the street on file expressing concerns about lifting of the house. 4. Attorney Paul Jensen represented the Applicants. Attorney Jensen explained to the Board of Appeals that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) & (5) in order to reconfigure and raise the roof line of a one -story addition to the west side of the main dwelling by approximately 2.00 feet and to temporarily raise the house to repair /replace the existing foundation. No change in the existing ground cover of the house is being proposed and there will be no additional non - conformities. 5. Therefore, after a discussion with the agent for the Applicants, the Board finds that such a Special Permit for relief sought by the Applicant pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) & (5) in order to allow said reconfiguration and upward expansion of the one -story addition to the main house and the temporary lifting of the house, would be in harmony with the general purpose and intent of the Zoning Bylaw, and would not be substantially more detrimental to the neighborhood. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals grants a Special Permit for the relief sought by the Applicant pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) & (5) in order to allow reconfiguration and upward expansion of the ell addition to the west side of the main dwelling and the temporary raising of the entire house to repair or replace the existing foundation, with following conditions: a. That there shall be no exterior construction for the proposed work, including the exterior use of power tools for interior work or for landscaping and hardscaping, between Memorial Day and Labor Day of any year; b. The proposed work herein shall be completed is substantial conformance with plans, approved by the Historic District Commission under Certificate of Appropriateness No. 60641, entitled "Plan of Land in Nantucket, Mass. Owned by Katherine Ann McCluskey ", dated October 18, 2013, prepared by Bracken Engineering, Inc., and "Elevations of 3 Traders Lane ", by Nantucket Architecture Group, copies of which are attached hereto as "Exhibit A". SIGNATURE PAGE TO FOLLOW Dated: December I '�- 2013 Susan McCarthy Maz c Poor COMMONWEALTH OF MASSACHUSETTS Nantucket, :y SS T�U.0 l i' 12013 On the j]— day of ilCClrti' W , 2013, before me, the undersigned notary public, personally appeared (.i sA, $ oJi+iCC.IA--i , one of the above - named members of the Zoning Board 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. b V Notary blic: My.CgtnmYion E7, D. VOLLANS Notary Public A @4 /tCommonweelth of Massoch ... m `A \`VIIY //f My Commission Expires December 28, 2018 E x.4 i a i -i A w�ac.�ew 3�u ^ .emu. in «w ,n,me rescovw'++nvvv.0 .vnvuw room o.v+ia �� {!�I1� aa ° � roav norm a i .er.,cram:u yet, xvsa ccn.a.w KSSO VW'VPNa�N � (( tt 9 N