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HomeMy WebLinkAbout004-14 11 Milk StreetPrint Form RECEIVED TOWN OF NANTUCKJ.i3 CH 31 Fn 12 28 BOARD OF APPEAL'gNNCKET TOWN CLERK NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. ui- i 4 Comer's Mailing address: IL Iyl.i.\tt S{. Phone Number. ZZS . boa ;~`Mail: Applicant's name(s): I,.il,i4{ 2o...i.c.� Ass ' _4 s Mailing Address: IS ! l 4 EESb...l.. Phone Number: 12p,. 2o4y E-Mail: Re ti :....5. Locus Address: _ It I••UUr_ 5k , Assessor's Map /Parcel: Z•'S.3 9 Land Court Plan /Plan Book & Page /Plan File No. _V1.A% oa ak 4-4q Deed Reference /Certificate of Title: /P3 gg Zoning District VL ,A Uses on Lot- Commercial: None ✓ VYes (describe) ResidentiaL Number of dwellings_, -I` Duplex N Apartments NA Date of Stmcture(s): all pre -date 7/72 Yes or Building Permit Numbers: Previous Zoning Board Application Numbers: ZA os. — 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 valiance 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: Owner* SIGNATURE: 7;9�,, Applicant /Attorney /Agent* *If an Agent is representing the Owner or the Appli_/cant, please provide a signed proof of agency. OFFICE USE ONLY Application received on: / /_ Bp. Complete:_ Need Copies:_ Filed with Town C1erk:JJ_ Planning Board:—/—/— Building Dept,:—/—/— 5y: Fee deposited with Town Treasuer.JJ_ By_ Waiver requested: Granted: / / Hearing notice posted with Town ClerkJJ Mailed: / / I&M 77 & / / Heating(s) held on: _/ / Opened on: 7 / Continued to: / / Withdrawn: / / Decision Due Bp._/ / Made:_/ / Flledw /Town Clerk / / Mailed:_/ / 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 50 8-228 -7298 facsimile MILTON ROWLAND A N D A S S O C I A T E S November 212, 2013 Nantucket Zoning Board of Appeals 2 Fairgrounds Road Nantucket, Ma 02554 Re: Application for work proposed for 11 Milk Street Nantucket MA 02554 Zoning Board of Appeals, We are seeking an approval for the proposed construction at 11 Milk Street. The property is located on the comer of Milk Street and Green Lane. The building to be worked on dates back to as early as 1761 and currently does not confirm to the ROB zoning requirements. We are proposing to construct of new 8' 0" x 7' 0" (56 s.f) garden shed attached to the existing structure. In order to do the proposed addition we will need the following wing reliefs: - Permission to work on a pre-existing non- comfomming structure. - Permission to increase the allowable ground cover from the existing 33% to 34.5 %. Thank you very much and please contact me if you have any questions or concerns with our proposal. Best, Ben Normand Milton Rowland and Associates 1 1 COMMERCIAL WHARF ' NANTUCKET ISLAND MASSACHUSETTS mmmick tniltontowland.com " 508 228 -2044 fax 228 -2082 Town and County of Nantucket November 18, 2013 _I �� � fwrn "� Tom, � • '� � \ � � +� O\ 1 V] \ ar =_ •rJ . m i A vl\?�''Il�� � uu sufm 7 X 'fa =12$ft- ILE/ / *� OLM Property Information PropertylD 6233& Location 11MILK ST %>f Owner ZSOHAU EDWIN d JO ANN TRU �^ ZSCHM LIVING TRUST MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Tmrnmioeropalmsandnoesr Mlles, emmued m impled, cencaminq me. Wny or .., of Me GIS date pre,ented on this map. Parcels updeled Decemtec 2012 M'MI I. LOT An WLWHO SHO{MI PRMD W ..Q NLY V. 1912 2 SEE HISTMC Pfl B A. g . MI. B6 M 1EO P% 3PP 3 ISOM PATO ANO WN%WA15 ARE NOT OEPICTL, A� N I U J m J a D� N/F EDn S BWREZ MST. PI. 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LOT AND BIAWNC SHOWN PROATE ZCNM6 d Y 27, 19TL 2 SE HISTORIC PRWNAM REMIETON C X Sk MP4= P 1 BACK PAT IND IV % Y9 ARE NOT DEPHCTEO. mN N EDITH S BWREZ MST. PI. N. OS -05 Nn LOT 0 ;�v ePoIX 42.3.3-130 h DmxB N BRlal wNN z` � sHPn m g / 2 1/2 STORY DWELLING j GC= 1,347± S.F./ € W PROPANE \ � Q CXIMNEY TANK aL / p 4,077 ±E S.F. pU N) 42 33.5$ j l pU8�1C i As —SUILT LOTTPL N IN M "�� NANNCKET, MASSACHUSETTS $ nN, H. H SCALE:1'.10' oaT '1z z0 12 CORRENT ZONIMROH 0WVfNTN. aD H9TMIL) Y4s% yy,TH:j / / HBNIWM WT S '5p SF. Ns 361 +a PEED RLFERENCE D4 Bk474. P% E5 HWY.M. iApYTA�8W .h. Y FRENnw SE1aAa.:xwE aHP�. RAN REFERENCE PI. Sk 5, Pg. 55 SEE AND REAR 9:THAPC5 - L. r ASSESSOR'S REFERENCE.. N .N AE ..&% (wx NCN- mHCOflNwO LOT SECT. Ma- E42X -)) 1AAP:423.3 PARCEL: 84 ,.NE at -nwtt r PREPARED FOR: Re E ON T OcHwnxATIDN THS nB PLw HAMPTON LYNCH VF�1B ED eY m T kSMEUfWSASAS 5NMN 1 EDN. NANNCKET SURVEYORS LLC iws P AN . NOT a]'AESnm 1C BE A MLE 5 WNOY WAY Ev9 "07 OR A RELTMDAV a SMNEY. NANNCKET, MA. 02554 x9. 3I1/1ss CCPYB GHT BY NANNIXFT EURYEYpS. Iu. N -10213 v "om a "WUem, " ".WVI.......... y� S455p5: 5£ 5H444S99�5555N r53 €554545��5A456575�54 €......... H H p N H „ N 5 N July 24 ", 2013 Nantucket Zoning Board of Appeals 2 Fairgrounds Road Nantucket, Ma 02554 Re: Agency statement for l t Milk Street Nantucket MA 02554 Zoning Board of Appeals, I, Helen Lynch, allow Milton Rowland and Associates to act as my agent for all duties pertaining to the application at the Board of Appeals. Best, Helen Lynch ik TOWN OF NANTUCKET RECEIVED BOARD OF APPEALS M F a 18 M 3 28 NANTUCKET, MASSACHUSETTS 02554 -OWN CLERK Date: February 14, 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 04 -14 Owner /Applicant: HAMPTON S. LYNCH, JR., as Trustee of 11 MILK STREET REATLY TRUST 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. /C, �_ C 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. NANTUCKET BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET. MASSACHUSETTS 02554 Assessor's Map 42.3.3, Parcel 84 Book 1362, Page 300 11 Milk Street Plan Book 5, Page 55 Residential Old Historic (ROH) DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals (Board) on Thursday, February 13, 2014, at 12:00 p.m., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of HAMPTON S. LYNCH, JR., as Trustee of 11 MILK STREET REATLY TRUST, of 11 Milk Street, Nantucket, Massachusetts 02554, File No. 04 -14: 2. The Applicant is requesting a Special Permit pursuant to Section 139- 33E(2)(a) of the By -Law to allow an increase of ground cover from 1,347 square feet (33 %) to 1,403 square feet (34.4 %) to construct a 56 square foot garden shed addition on the northeasterly side of this pre- existing non - conforming dwelling. The lot has an area of 4,077 square feet. The structure is approximately 6.8 feet from the easterly property line at its closest point, and 4.4 feet from the southerly lot line abutting Milk St. A minimum lot area of 5,000 square feet and a minimum side yard setback of five (5) feet are required in the ROH Zoning District. The Locus is situated at 11 Milk Street and is more particularly described in the Applicant's deed recorded in Book 1362, Page 300 at the Nantucket Registry of Deeds. 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. 4. Ben Normand of Milton Rowland & Associates represented the Applicant and stated that the dwelling on the premises is a pre - existing non - conforming structure which existed prior to the enactment of the Zoning By -Law in 1972. The Locus is pre- existing nonconforming with respect to the side yard setback with the structure being sited as close as 4.4 feet in a district that requires 5 (five) feet, with respect to lot area having an area of 4,077 square feet in a zoning district which requires 5,000 square feet, and with respect to ground cover ratio with 33% existing in the ROIL Zoning District which allows a maximum of 30% for pre- existing non- conforming lots with less than 5,000 square feet of lot area. Mr. Normand said the applicant proposes to construct a garden shed addition to the northeasterly side of the dwelling with additional ground cover of approximately 56 square feet. He said the existing dwelling had a ground cover of 1,347 square feet (33 %) and the additional 56 square feet of ground cover would create a new ground cover of 1,403 square feet (34.4 0/o), in excess of the 30% maximum ground cover ratio allowed for a lot with an area of less than 5,000 square feet in the ROB Zoning District. Therefore, the Applicant is requesting Special Permit relief pursuant to Section 139 -33 E(2)(a) which allows ground cover in excess of 30% of lot area for undersized lots. The locus benefits from a prior Zoning Administrator Decision (ZA File No. 030 -13) for alterations not resulting in an increase to any setback or ground cover nonconformities. The locus was granted Nantucket Historic District Commission approval for this addition (see Certificate of Appropriateness 60558). Therefore, the BOARD makes a specific finding that the proposed garden shed addition with an approximate ground cover of 56 square feet is not substantially more detrimental to the neighborhood than the existing dwelling because the addition is modest in size, hidden from public view by a stockade fence along the northeasterly property line, and is architecturally appropriate as determined by the Nantucket Historic District Commission. 5. Accordingly, by UNANIMOUS VOTE of the sitting BOARD, the ZONING BOARD OF APPEALS grants a SPECIAL PERMIT for the relief sought by the Applicant pursuant to Nantucket Zoning By -Law Section 139- 33(E)(2) allowing the construction of an 56 square foot garden shed addition 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 June 15ih and Labor Day of any year; b. The proposed work herein shall be completed is substantial conformance with plan entitled "As -Built Plot Plan, #11 Milk Street, in Nantucket, Massachusetts ", dated December 20, 2012, prepared by Nantucket Surveyors LLC, a reduced copy of which is attached hereto as "Exhibit A ". SIGNATURE PAGE TO FOLLOW Assessor's Map 42.3.3, Parcel 84 11 Milk Street Residential Old Historic (ROH) Dated: 9'A 13,2014 Nantucket, ss Book 1362, Page 300 Plan Book 5, Page 55 OF MASSACHUSETTS On the ' day of rLb 2014, before me, the undersigned notary public, personally appeared Ed IVACd - 0 . 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 signed the foregoing instrument voluntarily for the purposes therein expressed. Notary ubli � iL� My Commission ExpirIS: LYNELL D. VOLLANS Notary Public Commonwealth of Massachusetts My Commission Expires December 28, 2018 1, LOT AND K0.aNC SHOWN PreED M ZONNQ JAY V. 197L 2 SEE Hl5 c PNB3AxA=N RESIP m D6 Bk . Py m 3 OMM PAW . A"Y3 ARE N. DEPIC . �W '1 U m 4 DWKK OPrvE BNKK wNS• N/F EDITH S. BOUREIZ MST. M. No. 05-06 LOT B 42.3.3-130 [j a vi 0 6 I Imo" PUgI \C i AS-BUILT PLOT PPT� pi K IN NANTUCKET. MASSACHVS R1 a1RRBHT Zanxa Ral (RE9DEN11Aa an MSIaOC) � sNm- �� SCALED =10' OATS 12/20/12 MNIWM M meaow U- No. EC: +n "b_ DEED REFERENCE Dd 8k474, Pg. B5 MN M M0117AOE W T PLAN REFERENCE PI. Bk 5, P9. 55 F71CHWARD Y1 MM SDE AM REAR BEIN V ASSESSOR'S REFPRENCE ADllNAMc acx:xlN (BDF NaH- MgP IHD tAT SLT. 1�a3 U2X.)) MAP:413.3 PARCEL m [ximxc a.a2Paatk ��, /yp /fir PREPARED FOR: Ftlt pRLpEA1T M6 DcI WAMN 1X15 P D PWI HAMPTON LYNCH l�RM BY CUFIRM IMO MMEA�i� 1 M s xFREgE NANTUCKET SURVEYORS LLC 1M5 N S NOT 1elaP M 10 K A mti - 5 WINDY WAY IX AMM OR A IStYtliDABIE SIIRYEY. NANTOCKET, MA 02554 X.B. n4A. N -10213 2 1/2 STORY z z DWELLING N Nam GC= 1,347± S.F./ o o �'- '/ P eDRlm Q a aHIkNEY ' 1xi = r� 1 =077* 5,17. T TS s ov, s o AS-BUILT PLOT PPT� pi K IN NANTUCKET. MASSACHVS R1 a1RRBHT Zanxa Ral (RE9DEN11Aa an MSIaOC) � sNm- �� SCALED =10' OATS 12/20/12 MNIWM M meaow U- No. EC: +n "b_ DEED REFERENCE Dd 8k474, Pg. B5 MN M M0117AOE W T PLAN REFERENCE PI. Bk 5, P9. 55 F71CHWARD Y1 MM SDE AM REAR BEIN V ASSESSOR'S REFPRENCE ADllNAMc acx:xlN (BDF NaH- MgP IHD tAT SLT. 1�a3 U2X.)) MAP:413.3 PARCEL m [ximxc a.a2Paatk ��, /yp /fir PREPARED FOR: Ftlt pRLpEA1T M6 DcI WAMN 1X15 P D PWI HAMPTON LYNCH l�RM BY CUFIRM IMO MMEA�i� 1 M s xFREgE NANTUCKET SURVEYORS LLC 1M5 N S NOT 1elaP M 10 K A mti - 5 WINDY WAY IX AMM OR A IStYtliDABIE SIIRYEY. NANTOCKET, MA 02554 X.B. n4A. N -10213