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Continued to: / / Withdrawn: / / Decision Due Bp._/ /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
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ASSESSOR'S REFERENCE
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PREPARED FOR:
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NANTUCKET SURVEYORS LLC
5 WINDY WAY
NANTUCKET, MA 02554
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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
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