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HomeMy WebLinkAbout039-14 17 Massachusetts Ave.Fee: $450.00 TOWN OF NANTUCKET BOARD OF APPEALS -1 NANTUCKET, MA 02554 APPLICATION File No.J Owner's name(s): 17 Massachusetts Avenue Nominee Trust ,Sarah Alger, trustee Mailing address: c/o Bracken Engineering, Inc. 49 Herring Pond Rd. Buzzards Bay MA 02532 Phone Number: 508 -833 -0070 F- hfail: zacCwbrackeneng.com -Applicant's nan}e(s): Same Mailing Address: Phone :Number: E -Mail: locus Address: 17 Massachusetts Ave. Assessor's Map /Parcel: 60.3. U315 Land Court Plan /Plan Book & Page /Plan l,ile No, LCC 42408- Y1Plan 48 -P Book 1201, Pg. 18 Deed Reference /Certificate of Title: Cert. 23355 'Zoning District VR Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dR,ellings 1 Duplex Apartments Date of Structure(s): all pre -date 7/7z or under construction Building Permit Numbers: Previous Zorn ng lloard Application Numbers: 063 -11 2 Fairgrounds Road N a a t u c k e t Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile Alain rime Office. � � N Nantucket office: d 49 Herring Pond Road 19 Oki South Road Buzzards Bay, MA 02532 Nantucket, MA 02554 Tel (5081833 -0070 Tel (508) 325.0044 Fax (50811333 -2282 AN June 10, '2014 Town of Nantucket Zoning Board of Appeals 2 Fairgrounds Road Nantucket, 144A 02554 Re: Request to Modified Special Permit 4063 -12 17 Massachusetts Avenue - Map 60.3.1 Parcel 315 Dear Board Members: On behalf of our client, 17 Massachusetts Avenue Nominee Trust, Bracken Engineering, Inc.. is submitting the following information in order to request an amendment to the above identified special permit for the following modification: • Construct a proposed elevated Aic unit platforn on the west side of the garage within the side yard setback and 4.3' of the side yard lot line. Enclosed for your review please find the following: • A completed'Yown of Nantucket Board of Appeals Application; • A revised "Existing & Proposed Setback Exhibit" dated 06.09.14: • A revised full size Site plan, dated 06109 ?14; • A proposed elevation plan, dated 05.28.14, prepared by BPC Architecture; • A Town of Nantucket Assessor s flap; • A copy of the original recorded Special Pennit 063 -12; • A certified abutters list: • Two sets of mailing labels, and; • A $450 check made payable to the Town of Nantucket. Thank you for your consideration on this matter. Please call our office at 508 - 325 -0044 should you have any questions or require any further information regarding this project prior to the July 10 tit, 2014 hearing date. Sincerely, Bracken Engineering, 1W Z'ach v L.,Bas inski. P.E. P�rvject :41'�nager cc: 17 Marssachusc:ts Avenue Notrince Trust, ui) Ms. Sarah Alger, Trustee Ma..1t t it, ne, Alf{ -13PC Architecuue MADAKE- H ,A P,6C R bA1EQ NE LGG'Ai2Y) CA' 51W,/12 R ntP�K rl�Ia '� LO; AREA I 1 I },t,,'l f 4 0 I, z i f ,I it I c li' t t.`�• PLAN SCAL F r la 24 .15 W r. 1 :nch = 3v .'eel Zoning Requirements 1. L: CL, S: 0'7 MASSACHUSETTS A'vENL- ZONE: VR REQUaE_� 1 —'-- -CT .ARFAr 20D20 5.r. 12,123± s.(. N i 4.3''( °Rl '- p E V OI_15Lr 50.0' 5D C M d (- UTCC<)R S--I0WER 9.4'* I I r� 1 1C JNIT A 1.�'± I PLA -FORA GROUND COVER: I % t i f ,I it I c li' t t.`�• PLAN SCAL F r la 24 .15 W r. 1 :nch = 3v .'eel Zoning Requirements 1. L: CL, S: 0'7 MASSACHUSETTS A'vENL- ZONE: VR REQUaE_� EXIST NC- PP,DPOSED -CT .ARFAr 20D20 5.r. 12,123± s.(. '2.1aet t.J. ROVTA,.. ^,Er t(7:.' 50.0' 5D C FRO ^iT YARC. 20 9.4'* 3'.C'3 SICEJP,EAP. YARC: 'd' 1.�'± 4.3'± GROUND COVER: 1C9 tD 5n tC.? o 1.520 SF g.7- oEgTMATI I 1 .2' STEReD t, }( .� RECSI_P.EC 'j' vo. ?RCPOSEC -:CUS- .,VC•E4 CONS- 1?UC�Gh. - P,;:�RaSE3 D::Ctc Ut,CER C045T ?,�vTiON r PROPOSED UTt- TY SFED ci r P.CP CIS Eft e GARA.G= ^ LEGEND: 'JIJ7- R I �,CO'dS RUC�CN Xy'r(Frj -- r +5;, vC :e rs c :A-C£ X.X' #(PR) _ -RCiPCSEC SETRACd DSThPJ_E S 82 A5'', w r-vG, x r F PSI I� n Ar , U1,�11.. t =:::Y '1 +{l; °_ - i'Uyt';. '•'rh ?') £'N EXISTING & PROPOSED SETBACK EXHIBIT 17 MASSACHUSETTS AVENUE 43 HERMNO POND ROAD 19OLGSOUTHROAC NANTUCKET, MA BUZZARDS BAY, MA 62632 NANTUCKET, (4A P2654 f,PI sailza Wo 1iy SO1.226.JG44 0.4TF11. 06.20121 n ;y� SIv nF .q..P9 :r11c 'F -QC T "a FIL�"U. (F) 601.!32.22$2 RvANt1r1e4eeenE.eem ': OE.D9.14 BEI ZLB Z_B 11 :30' 410 -35 ., 'A,.1u ^>f tiu—. 1�1ar+fvctni �, +. +t�UtiF ^!:3B(fs f.ri!7 ..V-r Alm i>T AIMP A,* zH� pl.. —I N 0 T:* S: 1. L: CL, S: 0'7 MASSACHUSETTS A'vENL- MAP 50.3.1 PARCEL 315 2. 0114JER: 17 IJ&SSAC7�USETTS A'VENLE NCVIW: TP'ST W SARAH F. ALGER, tri:tee 2 SOUTH '' /,'ATER STP.=r- I =!� NANTUCKE -, MBA 02554 DEED P,EF: Ek: 12C- PG: 137 4 CER- #23355 g.7- oEgTMATI I 1 .2' STEReD t, }( .� RECSI_P.EC 'j' vo. ?RCPOSEC -:CUS- .,VC•E4 CONS- 1?UC�Gh. - P,;:�RaSE3 D::Ctc Ut,CER C045T ?,�vTiON r PROPOSED UTt- TY SFED ci r P.CP CIS Eft e GARA.G= ^ LEGEND: 'JIJ7- R I �,CO'dS RUC�CN Xy'r(Frj -- r +5;, vC :e rs c :A-C£ X.X' #(PR) _ -RCiPCSEC SETRACd DSThPJ_E S 82 A5'', w r-vG, x r F PSI I� n Ar , U1,�11.. t =:::Y '1 +{l; °_ - i'Uyt';. '•'rh ?') £'N EXISTING & PROPOSED SETBACK EXHIBIT 17 MASSACHUSETTS AVENUE 43 HERMNO POND ROAD 19OLGSOUTHROAC NANTUCKET, MA BUZZARDS BAY, MA 62632 NANTUCKET, (4A P2654 f,PI sailza Wo 1iy SO1.226.JG44 0.4TF11. 06.20121 n ;y� SIv nF .q..P9 :r11c 'F -QC T "a FIL�"U. (F) 601.!32.22$2 RvANt1r1e4eeenE.eem ': OE.D9.14 BEI ZLB Z_B 11 :30' 410 -35 ., 'A,.1u ^>f tiu—. 1�1ar+fvctni �, +. +t�UtiF ^!:3B(fs f.ri!7 ..V-r Alm i>T AIMP A,* zH� pl.. —I Stace below or attach a separntc sddendurn of specific special pcmilis or variance relief app'.y)nh f:�r: Requesting to amend Special Permit 063 -12 in accordance kith section 139- 31(1),1 in order to modify the original decision by substituting a revised site plan to reflect AC units erroneously omitted from the prior plan and a utility shed. I certiF that :.he information contained herein is suhstantisaly complete and true to the best of my knowledge, under the pains and penalties of periury. { SIGNATURE:— _ E Owner' SIGNATURE: Applicant /Attorney /Agent' *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:_/_ /_ By: Complete: Need Copies: Filed with Town Clerk J_ /_ Plannmg Board:—/—/— Building Dept.:Jj_ By :_ Fee deposited with Town Treasures.—/—/_ By Waiver requested: Granted:, _f _/_ IIearing notice posted with Town Clerk:J_ /_ Mailed:—/_ /r I8r1W_J_ /� &eJ_ /e Hearings) held on:J_/_ Opened on :_/_/_ Continued to:_/_J_.- Withdrawn:__/__/,_„- Decision Due By:_ /_/_ lvfade:_/_ /_ Filed w /Town Clerk: —I—/` l4ailed J _j_ 2 Fairgrounds Road Nantucket M a a s a c h u a e t t s 02554 508 -228 -7215 telephone 508 -228 -7298 facsimile i A- yZirg x1p �A R UMV, 011", Mil c3k;l It yZirg x1p �A R UMV, 011", Mil c3k;l c3k;l 0.9 71 V) 5 Z ri AIZ O m r- rn C) Z 09-009 1 IN rn rn O Ol ■ ul Ol ■ • i own ang county Of Nantucket June 10, 2014 F- 616,31 PA 25 60. 3. 1 83 CO. 11 311 17 t _C L 23, r In 150,3.11 61).3.1 332 1 1. 70 ft Property Information Property 10 60.3.1 315 Location 17 MASSACHUSETTS AV Owner ALGER SARAH F TRST 17 MASS AVE NOM TH 1 328 60-3.1 325 14 63.3.1 321 16 2, MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Town makes no claims and no warranties. expressed or implied. concerning the validity or aocursey of the GIS data presented on tN* map. Parcels updated December, 2013 Bk: 01364 Pg: 200 �I�����1 i UIW� 1. 1 4 Cart; 23366 Doo: 8P Bk: 1364 Pg., 200 Page: 1 of 7 lip Fiealstered: 01104!2013 42:29 PNi Doo: SP 01104/20i3 02 :30 PM 'SOWN OF NANTUCKET RECEIVED BOA OF .APPEALS 701? CEO 14 RM IP 17 NANTUCKET, MASSACHUSETTS WS ET TOWN CLERK Date: December 141 2012 - To: Paxties in interest and Others concerned -with the Decision of The BOARD OF APPEALS in the Application vi' the following: Application go: 063 -12 Owner /Applicant. SARAH F. ALGER, As TRUSTEE OF THE 17 MASSACHUSETTS AVENUE KOM3NEE TRUST Xnelosed is the Decision of the BOARD OF ARPEALS which has this day been filed with the office of the Nantu43ket Town Clerk. An Appeal from this Decisxon may be taken pursuant to SeCtion 17 of Chapter 40111, Massachusetts General Laws. Any action appealing the Decision Faust be brought by filing a aoMlaint in Lend Court within TWENTY (20) days after this day's date. Notice of the action with a copy of th® complaint -and oertiflad copy of the D45%ci9i0n must be given to the Town Clerk so as to be receivod within such TW=Y (20) days. Edward S. Toole, Chairmen cc: Town Clerk Planning Board Building CommissionOr /,Z00ing EnfOresmOnt Officer PLEASE NOTE: MOST SPECIAL PET41ITS AMA VARIANCES HAVE A TID0 LIMIT AND WILL UP'IR'E 1LF NOT ACTED UPON ACCORDING To NANTUCKET ZONING SY -LAW SECTION 139 -30 (SPECIAL PERMIT'S) , SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCMT ZONING BOARD OF AppEALS OFFICE AT 508 - 228 - 7215. Bk: 01364 Pg: 201 NA1V'i` CKET ZONING BOARD OF APPEALS 2 Vairgroundy Road Nantucket, Massachusetts 02554 Assessor's gaps 60rard 60.3.1 Certificate of Tit'c Dte, 23,355 Parcels 5 and 31.5, respectively 17 Massachusetts Avenue Deed Book 1201, Page 187 Village Residential, Lard Court ?lan 2408 -Y _ ots 6 and 7, Block 29 DECISTON! 1, At a public iic.ax' nc of the Narltucket Zoning Berard of Appeals, on Thursday, October J.1, 2012, at 1 , 00 a,M., ; Fairgrounds Road, Nantucket, Massachuaet.ts, the Board made the following decision on the application of SARAH F. ALGER, AS TR0$T8E 0)' THE 17 MASSACHUSETTS AVENUE NOMINEE TRUST, c/o Sarah F. Alger, P.C. , Two South Water Street, Nantucket, Massachusetts 02554, File No. 063 -12: 2. Applicant is .requesting Special Permit relief pursuant to Nantucket Zen .rtg Bylaw Sections 1.39-33.A. (4) , (5), and (9 ) (Alteration and extension of preexisting nonc.onforrr.i.ng structures; ramcval and reconstruction of structures) in order 4o alter and extend the two preexisting noncontoxming str•..tctures on the Locus by remov,irng all or a pertic[r of such structures and then relocating and rer_:anstxuc:tin9 t htmrn acid constructing additions to said structures. The Locus i.s preexisting nonconforning as to lot urea, having lot area of about i2,188 square feet, where 20,000 sq- j,,-xe feet is required; and as to frontage, Having frraxiLage of only about 50 feet, where 100 feet is required. The structures on the lot are eye - existing nonconforming as to front vard Setback., being sited as close as 9.4 feet ftxcrn the front yard lot line, where a 30 foot front yard setback is required; and as to side yard setback, being sited as close as 1.9 feet tr��rt i he y1dc� yard J.rt line in a zoning district where a f:.f.toen (15) foot side yard sctback is required. The Lociiq has a around cover, rsat:ir.. of about 10. a3, having ground cover of abcaL 1,285 square feet, where the mzxi.raurr, ground cover rat'ic.1 i.�: 1012; but is n1lowed maximum gt'ound 0VC-I ' of 0 quAr€T fL-C!t by Light U1!1de_a: ay -law §1.3'1 - 3.3.'F_ (2) Sb, its a = esi -At. of t.ha.' 1'1.;)r'k .ii'�il "(:d, th(. N', theµr .'.=1r.y 3j i i.i :: Bk: 01364 Pg: 203 During the hearing, ikttorriey Algex explained to the Hoard that no second story addition is being proposed as the design for the structur.eo have been approved by toe Ri stork nxsLNict 'ommission in Certificate of Appropriateness ## 55571 i.naWn house) and 58572 'garage). E'urther, the new structures Rill be sited approximately 4 .3 ff--F t fron the westerly side ;hard .lot line, 8.7 feet: from the on- sterly .sire .yard lc;,: line, and 31 feet from the front yQrrl for line. By relocating the struct-:ir.es in such a way, t to front yard setback viol at.ion wi.l= be cured and she side yard setback vio],aticns ANill be _lessened. 5. Therefore, after a discussion wit': the agent: - or the Applicant, the Board finds that such Special Permit relief piz.rsitan'r to Nantucket 7oxti no, Bylaw Sectl.on 139 -33.A. (4), (5), and (9) in order to alter and extend the two preexisting nonconforming s_r-. :cturos on the Locus by removing all or a portion of such Structures and then relocating and reconstructing them would net be substantially more detrimental to 1'he neighborhood because. said alterat:.ions and relocation ww11 Fie no closer to the front and s -'de yard lot_ lines than the existing structure. Further, tarp, 1�3oard of Appeals finds t:;;at r,his type c)f alt eeraLion would be in harmony with the general purpose and intent of the Zoni.nq Bylaw, 6. F..ccardiclg.ly, :)y .a UNANIMOUS O', e of ':Yee sitting Board, the 0oard of Appeals, rade the- finding that such Special_ Permit: relief pursuant to Nantucket Zoning Bylaw sections (4) , ({) and (9) in carder tTo alter and extend the preexisting noncon.fo.rmi,ng structures without increasing the nonconfor- rn:ing r:atur e of the struct =ures would not be any mere detrimental to the neighborhood than the existing ronconfoordties and would be ir, hazmony with the general purpose and intent of the Zoning Bylaw with the following conditions: a . That a:.l, work shall. be done as shown on the plan labeled, "E'xistincl and Prcpoaet-i Setback Exhibz`, 17 Ma sachuset;t;s AvGllu , Nantucket, MA.'" dated' November t7, 2012, prery.-'rer.' by Bracken Snglneerinq, Inc., zttzched hereto aU "Exhibit A "; and, b, That aIl_ work be plane in accordance with Historic Diigtrict CoTTffi.ssion Cercif.icates of Appropriateness ## 513571 ,main house -) and 56572 (garaga), as may bQ amende:i `rcan� t.imG to tim,e. Sic: 01364 Pg: 202 setback, but shall be Conforming as to frofit yard setback_ 'rive property is located at 11 Massachusetts Avenue, is shown cn Nantucket Assessor's Map 60 as Parcel. 5 and Assessor's Map 60.3.1 as Parcel 315, As shown as Lots 6 and 7, Block 29 on Land Court Plan 2408 -Y, and is recorded at 'the Nantucket County Registry of needs in Book 1201, Page 187. `['tie property is zoned Village Residential. 31 c)ur decision is based upon the application and accompanying rraterials, _Ner�resentations, arld teatimvny received at our public: heiirzaiV. There was n« Planning Board recommendation on the basis that no matters n,f planning concern were presented. one letter was received expressing concern about a possible second story added tc the strurt,.ure. 4. Attorney Sarah F, Alger represented the AppI.ir.•ant: at the nearing. Attorney Alger explained to the Board that the Applicant is requt_st.in," Spef-,ial Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4), (7), and (9) (a.lter.at ion and extension of preexisting nonconforming s 'ructiarrs; removal and r, aconstruct.ion of 3truntures) in order to alter and extend the two preexi.sti.ng nonconforming structures on the 2.ocsus. Attorney Alger explained that the Applicant_ intends Uo alter and extend th? two preexisting nonconforming structures on the Locus by removing all or a portion of such structures and then relocating anti recon-structing them. As a result of the work proposed, the structures on the pzoperty will remain nonconforming as to the required fifteen (1.5) foot side yard setback, but shall be conforming as to front. yard setback and conforming as to around cover by having .less than 150D square feet of ground cover in a !oninq district that allows for a gnax.imum allowable ground cover of 1500 square feet for undersized lots under By -law 9139 -33. ice. (2_) (b) . As eXplazned at the hearing, the 1,oc:us i s preexisting; nonconforming as to Icat area, having .got circa of about 12, 168 square feet:, where 20,000 yquar ;� feat is roquiz:ed, and as to frontage, having Lrontage of only about. 50 teat, where 100 feet is re{.iulred, TYie structures on die: -'Qt are pre-exi9ting nonconf'orrting as to front yard Setback, being sited as close as 9.4 feet f-rom the front_ yard l.o,t, line, where a 30 foot front yard aeLback is requirc?cl; and, as to side yard setback, being s:itett as lose as 1.9 .Feet from tile side yard lot line in a nor.7.nq district where. a f;iftee-n (15) foot side yard setback, is reglli real. MADAKET HAR,50K JM NNAT I= NO aV JOS/12 —, 00, � YAP 60 P4A-CFL 5 Irk rementa E=%Q .uAp .6a a Y Pmal .375 li L07 AREA: 20,00 a-f- COW&NZO ZOT ARCA 12.I881 kf. FRONUGE: ID• 50.6 50.0, FRONT YARD: 317 9. 4':t 31,0,1 SJDE/REAR YARD: 15' AMP 6,lt 4.3*t GROUND COVER; lox 10..5% Sk: 01364 Pg. 205 Zoning Re 2QNE:-, VR RLQWff�Q, rementa E=%Q Ea=K2 li L07 AREA: 20,00 a-f- 12,1883 3.1. 12.I881 kf. FRONUGE: ID• 50.6 50.0, FRONT YARD: 317 9. 4':t 31,0,1 SJDE/REAR YARD: 15' t9'* 4.3*t GROUND COVER; lox 10..5% lux 3. DEEO REF: Uk,1201 Pq:187 (1,045t mA) 1. NOIES LOCUS' #17 WASSACHUSOTS AVENUE VAR co MAP 60,33 PARCEL 315 - and — MAP 60 PARCEL 5 2. UM4FR: 17 1JASSALOMM AVENUE Nmwa MOST SARAH F. ALGER, trustoo 2 SCUM WATER STREET t4A"TvC3<ET• NA 02554 3. DEEO REF: Uk,1201 Pq:187 (1,045t mA) CERT #23355 ARACKEN EXISTING & PROPOSED SETBACK EXHIBIT 17 MASSACHUSETTS AVENUE ,p jJ;p;fW0pWyto;,0 1A AL111 5 OUTF11 RGAU NANTUCKET, MA Jou=pj "y. 14 A "02 uAlfruc:141'r, fj'% 52FSA "AT 5bumfi-o" u E mijit. �-t­ekeKq.,;qn 8E1 ZLH VAR co AARC47 6 ED PR06-OSED hOU15E (1,045t mA) 1'F 1, . "I, PRDPOSEII DECK 7 Amp ia—, I w 41 61,11 pAwAP ti. 312 7,6 -1 RQPOqD LEGENCY, c 7 3AAA - lk A'; ' nuy mm ?,!9 5r* (?R) • NopCr%:) S"A(X tKSTA*a 60245 w fvA sAO AV U t 14: IDLAN SCALE c 4 J:� to 21� 30 is 60 I La— W L inoh 00 fret ARACKEN EXISTING & PROPOSED SETBACK EXHIBIT 17 MASSACHUSETTS AVENUE ,p jJ;p;fW0pWyto;,0 1A AL111 5 OUTF11 RGAU NANTUCKET, MA Jou=pj "y. 14 A "02 uAlfruc:141'r, fj'% 52FSA "AT 5bumfi-o" u E mijit. �-t­ekeKq.,;qn 8E1 ZLH M C��tt tl• fJLOA Nantucket, ss. l2;da2 Bk: 01364 Pg: 204 Kcr .m Kr)sea ac ,- Mlichael. Ange'-astr -�T -- COMA 10 F MASSAC:HUStsl"l-S W 2012 On this �i day (,f Lfjw, , 2012, before fne, the undersigned Notary Public, personalty app2arcd who is personally known to me, and who is the person whose nan:v is signed on the preceding or Atta hod ducurnew, and whp acknowladged to me that het + , igud k vulunrarily for its rtatcd purpose. My LKyrnmission expires: ll t9ltfty I CERTIFY THAT PO [JAYS HAMELAPSED AFTER M DECISION WAS FILED IN THE OFFICE OF ME TOWN CLERIC, AND THAT IVt?, APPEAL HAS BEEN FILED, PURSUANT TO GENERAL LAWS 4#A, SECt't0N 71 TOWN CLERK •.;�.� ATTEST: A 1 tiUE COPY NANTUCNET TOWN CLFRK Jun '.0 1a 4 :a'�7 E,w!ker F .ipineei, -.g. I is 51.13- 833 -? 282 p .2 RECEIVED �30ARD OF ASSESSORS / r -1 UN 10 20N ToN,m ofNantvLuket TOWN OF ri,� r_,P a Is NANTUCKET nn LIST OF PARTIES FN iNTEIG. ST fN THE WIAT7ER OF -1 -H2 ??TIT ON OF, °'.`LCIPI✓RT Y Vti 3? Mast; Ave Nom '-'r 4 rSk. .. ....... i�L;�ll.,i' C; .4>�I ItESS..`�, /o Bracken a nq-4 neer-ing.:.. Y'. r.'.. ,............ I'ItCPE3 �Y IrOI 4TI0I�f,..,17 14assach set -s Ave ASSESSC .X12MIA.P.?ARCF'L...'...... EO:.I ...........- A. I..5 ................. . SC3M;IED ia. ✓#i� ra"c< kx•�.i - iiE�t n gianering, ' cuInzc z Bay `h',A..�2tr SEE ATTACEED ?AG FS I;; W-, �' that *.lie iortguu:g :1 a list or all rerscnS w :oi are oA- ners of auL:t_ing properly, owners 0 Lard &eclly cpposite on ary Rublie x p-iA a:e Street or,�,ay; 2nd ab'ltters o t'l-e abutters a -d all other land owners wit- n 300 fat of -he prape- -ry Ene 0= owner's prig }', in tire' ar�pezr or: ;he mclst remat applicable tar: list N,G.L. c. 40A, Sec-aorr I "_ and %aping Code C'Japt= +Ors:, S=tion i _;'a -2913 U . SSESSOR'S OFI;"ICE 'ICJ YN Os NANTUC 'KET r J ra lt� H Y� •v t� .e r. C d 0 a m g m 9 m a m m a m a 0 a. a m a ^1 a z 0 a P m m O m M 0 0 0 0 0 0 0 0 a 0 0 0 0 a 0 0 0 0 0 5 6 0 0, P 4 0 0 O 0 0 0 u W W W W W w w ..• W w M M N N N Y .+ Y✓ y Y✓✓ y y y r y w. y �+ ... P W W :J W :! W W W W W W W l✓ W W,JA M H H 1+ y . tl m ti 0 ' W k - I+ � � � �yc •{��� � EHH1 y a b ,�$si' S (' (�yS� Ip�r�+ {d7 I.� � � yy� b � q 7y{� yq }H. G'1 S Y F yy4 [5 ctl, yN o M a R R A lW9 �j '9 K 3 a CI w Y a T N Y IIIy��� H K + N y y w H p3 Y 'L � [Tji� SC I.I t7 f�4dp i .i «i •AH7 � DY �' {�a�` 3 FFH�� yC n: ypry Ic rrto33 9 X ICJ lf�ij t� 31 O H N bl S Y I H 3 Y 4 4 i 7} K Y} N Y Y 2 Y 4 0 2 E K 3+ Y 7 Y� Y f Y O d 4 d 0 0 �' O 6 r O Y N 0✓ W a 0 0 IC 03 O N G N Y �+ o O O O U Q d U u 6 0 JI G✓ O O T a Os � W p A b� d O N Lt A O y T U U N '-' N A W ♦ -� O 0 0 :J O i 0 p 10 A 0 N 6 O O O A I V to b O tl C W w N pppp IL,qq , pppp A O ¢¢ O f0 w � dA UI w S R W 09 fl C3 D i [S+ c C 7 rt 'Y 6 O 3 N m D D i H '= -pNI uck-- TOWN OF NANTUCKET `; 3 BOARD OF APPEALS -;, 21 NANTUCKET, MASSACHUSETTS 02554. _ Date: December 12, 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 39 -14 Current Owner /Applicant: SARAH F. ALGER, as TRUSTEE of the 17 MASSACHUSETTS AVENUE NOMINEE TRUST (u/d /t dated October 2, 2009 and registered as Document No. 128508) 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 OP 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 ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Maps 60 and 60.3.1, Parcels 5 and 315, respectively 17 Massachusetts Avenue Village Residential ( "VR ") DECISION: Certificate of Title No. 23355 Deed Book 1201, Page 187 Land Court Plan 2408 -Y Lots 6 and 7, Block 29 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, July 10, 2014, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of SARAH F. ALGER, as TRUSTEE of the 17 MASSACHUSETTS AVENUE NOMINEE TRUST, c/o Sarah F. Alger, P.C., Two South Water Street, Nantucket, Massachusetts 02554, File No. 039 -14: 2. The Applicant is seeking a modification of the Special Permit issued in Decision 063 -12. The Applicant proposes to substitute a revised site plan to show air - conditioning units and an eighteen (18) square foot utility shed that were not shown on the site plan submitted with the original decision. The property is located at 17 Massachusetts Avenue, is shown on Nantucket Assessor's Map 60 as Parcel 5 and Assessor's Map 60.3.1 as Parcel 315, is shown as Lots 6 and 7, Block 29 on Land Court Plan 2408 -Y, is recorded at the Nantucket County Registry of Deeds in Book 1201, Page 187, and is located in the Village Residential ("VW') zoning district. 3. Our decision is based upon the application and accompanying materials, and 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. One abutter appeared at the public hearing to voice concerns about the requested relief. 4. The project engineer, Donald F. Bracken, and Attorney Sarah F. Alger represented the Applicant at the hearing. Mr. Bracken explained to the Board that the Applicant is seeking to modify the decision issued by the Board in Case No. 063 -12, dated December 14, 2012, registered with Nantucket Registry District as Document No. 139742, recorded with Nantucket Deeds in Book 1364, Page 200 (the "2012 Decision ") by substituting a revised site plan for the "Existing & Proposed Site Plan Exhibit" attached to the 2012 Decision (the "2012 Site Plan"). As now proposed, air - conditioning units would be placed on the west side of the garage, where they would have a side yard setback of about 4.3 feet, instead of the ten (10) feet required in the VR zoning district, and an eighteen (18) square foot utility shed would be located on the north side of the garage. 5. The Board raised no concerns about the shed but noted that had the air - conditioning units been shown on the 2012 Site Plan, the Board would not have approved them in their proposed location within the side yard setback. Although the Applicant agreed to install the most state -of- the -art, "whisper quiet" air conditioning units available, the neighbor to the west, who appeared at the hearing, expressed concerns about the noise associated with having air conditioning units so close to the lot line and her house, which itself is built very close to the lot line. At the Applicant's suggestion, the Board agreed that it was reasonable to locate the air conditioning units within the side yard setback but no closer than the garage structure, which has a side yard setback of about 7.8 feet. 6. Therefore, after a discussion with the Applicant and taking testimony from the public, the Board finds that modifying such Special Permit relief pursuant to By- Law § §139 -33.A to substitute the plan entitled, "Existing & Proposed Setback Exhibit," drawn by Bracken Engineering, Inc., dated November 11, 2012, revised June 9, 2014 and December 10, 2014, a reduced copy of which is attached hereto as Exhibit A (the "2014 Site Plan") for the 2012 Site Plan and to grant Special Permit relief to allow for placement of air conditioning units on the project site within the side yard setback but no closer than 7.8 feet from any such setback and to otherwise permit construction of the project, including the shed, as shown on the 2014 Site Plan would be consistent with the 2012 Decision and in harmony with the general purposes and intent of the By -law and would not be substantially more detrimental to the neighborhood than the relief previously granted in the 2012 Decision, particularly given that the setbacks established in the 2012 Decision are being maintained. 6. Accordingly, by a UNANIMOUS vote, pursuant to By -Law § §139 -33.A, the Board of Appeals hereby grants the modification of the previously granted Special Permit relief to substitute the 2014 As -Built for the 2012 Site Plan and grants Special Permit relief to allow for placement of air conditioning units on the project site within the side yard setback but no closer than 7.8 feet from any such setback and to otherwise permit construction of the project, including the shed, as shown on the 2014 Site Plan, upon the following conditions: (a) The project shall be in substantial conformity with the 2014 Site Plan, with any air conditioning units placed on the site, which are not shown on the 2014 Site Plan, to maintain a side yard setback of about 7.8 feet. (b) Except as hereby modified the relief granted by this Board in the 2012 Decision remains in full force and effect. SIGNATURE PAGE TO ....... ................ Assessor's Maps 60 and 60.3.1, Parcels 5 and 315, respectively 17 Massachusetts Avenue Village Residential ( "VR ") Dated: U Q,Q (1 2014 Nantucket, ss. Certificate of Title No. 23355 Deed Book 1201, Page 187 Land Court Plan 2408 -Y Lots 6 and 7, Block 29 COMMONWEALTH OF MASSACHUSETTS On the day of NCtim bM , 2014, before me, the undersigned notary public, personally appeared WQvd -nott- , one of the above -named members of the Zoning Board of Appeals 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. Offied Signature and Seal of Notary Public My commission expires: X�s LYNELL D. VOLLANS W Notary Public Commonwealth of Massachusetts My Commission Expires December 28, 2018 UI, MADAKET HARBOR WA7ERLINE LOCATED ON 8/16/12 ---, RK MAP 60.3.1 PARCEL 315 LOT AREA 12,188± 5.. f N W E i 2 Q S MAP 60 �^ PARCEL 4 0 2 EXISTING HOUSE & DECK (SHADED) MAP 60 3. 7 PARCEL 313 4.3't(PR) Zoning Requirements ZONE: VR REQUIRED EXISTING PROPOSED LOT AREA: 20,000 s.f. 12,188± s.f. 12,188± s.f. FRONTAGE: 100' 50.0' 50.0' FRONT YARD: 20' 9.4'± 31.0'± SIDE /REAR YARD: 10' 1.9'1 4.3'1 GROUND COVER: 10% 10.5% 10.7% or (1, 303 s. r) 1,500 SF NOTES: 1. LOCUS: #17 MASSACHUSETTS AVENUE MAP 60.3.1 PARCEL 315 2. OWNER: 17 MASSACHUSETTS AVENUE NOMINEE TRUST 4, SARAH F. ALGER, trustee 2 SOUTH WATER STREET v NANTUCKET, MA 02554 r a 3. DEED REF: Bk:1201 Pg:187 v CERT #23355 4. PROPOSED AC UNITS TO BE AT LEAST 7.8' FROM WESTERLY PROPERTY LINE. MAP 60 PARCEL 6 g,7'f(PR) 8.2f(EX) UNREGISTERED .. FRED PROPOSED HOUSE (1,045± s.f.) PROPOSED DECK o I 8.7't(PR) °o^ PROPOSED UTILITY SHED Li (18± s.f.) 7 6'f(EX) MAP 60.31 h PARCEL 317 Q, o CS o Z3 ^ o PROPOSED `^ 7.8't(PR) GARAGE LEGEND: (240± s. f.) XXf(EX) = EVS77NG SETBACK DISTANCE 1 (EX) o X.X' ±(PR) = PROPOSED SETBACK DISTANCE EXISTING J _\ GARAGE 1 50.00' CBDH (SHADED) S 8245'07" W FND. CBDH ', FND. AVENUE MA55ACHU5E�5 PUBLIGWAY) PLAN SCALE 0 6 12 18 24 30 45 60 90 1 inch = 30 feet IR OAS; wr am !l EXISTING & PROPOSED SETBACK EXHIBIT A'MBINIR=im 17 MASSACHUSETTS AVENUE 49 HERRING POND ROAD 19 OLD SOUTH ROAD NANTUCKET, MA BUZZARDS BAY, MA 02532 NANTUCKET, MA 02554 (P) 508.833.0070 (P) 508.325.0044 DATE 11.06.2012 DRAWN BY CHECKED BY APPROVED BY SCALE PROJECT N0. FILE NO. (F) 508.833.2282 — .bmCkeneng.com REV: 06.09.14 nNUSS gvs28A E.rinrt REV: 12.10.14 BEI ZLB ZLB 1 " =30' 410 -35 S' IAutocod Orowinasl NOntucketl Massachusetts A ve 177 Moss Ave 117 Moss Ave — 29A Exh;bif/c) — Rev 12.70.14. dwa C