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HomeMy WebLinkAbout049-14 58 Pleasant Street.y- WS Fee: $450.00 Owner's name TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION FOR SPECIAL PERMIT /VARIANCE File No.49-1 L� James C. Herbert and Kathleen H. Herbert Mailing address: 2 Windy Way, P.M.B. No. 117, Nantucket, MA Phone Number: 703 - 629 -3187 F--mail: katyaherbert{Dyahoo.com Applicant'sname(s): James C. Herbert and Kathleen H. Herbert c o-Attorney Joseph-M. Guay Mailing Address: P.O. Box 1294, Nantucket, MA 02554 -1294 Phone Number: 508 - 825 -9099 E -Mail: J osephmguay(?Aol . com Locus Address: 5 8 P l e a s a n t S t. Assessor's Map /Parcel: 5 5.4. 1/ 4 5 Land Court Plan /Plan Book & Page /Plan File No.: Book 1012, Page 50 Deed Reference /(K&Xffdi €' Zoning District R 0 H Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwellings 2 Duplex Apartments dwellings predate; deck Date of Structure(s): all pre -date 7/72 X or a l t e r a t i o n /extension and propane tank nonconforming Building Permit Numbers: 12570-95 Previous Zoning Board Application Numbers: None 02554 -7301 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 variance relief applying for: See Addendum Attached 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* ose uay, Attorney for James C. Herbert, Sr. and hlejen H. Herbert SIGNATURE: Applicant /Attorney /Agent* Jo e a tt rney for James C. Herbert, Sr. *If an Agent is repie� g t�e (5vvne�r or�erApp 'cant, please provide a signed proof of agency. OFFICE USE ONLY 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Town Clerk.--/—/— Mailed:—J—/_ I&M — /.T/^ &--J_./— Hearing (s) held on:--/ —/_ Opened on :_ /_/_ Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:—/—/— Made:_/_ /_ Filed w /Town Clerk:—/—/— Mailed:--/—/— 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile ADDENDUM (Application for Special Permit/Variance) James C. Herbert, Sr. /Kathleen H. Herbert 58 Pleasant Street Nantucket, Massachusetts Nantucket Assessors — Portion Map 55.4.1, Parcel 45 Minimum Area: Minimum Frontage: Front Yard Setback: Rear /Side Yard Setback: Ground Cover Ratio: APPLICANT/PROPERTY ZONING CLASSIFICATION ROH District 5,000 Sq. Ft. 50 Ft. 0 Ft. Existine 5,230± Sq. Ft. 60.16 Ft. 5 Ft. 5 Ft. Secondary Dwelling (Pre - existing nonconforming as to rear and side setback) 50% Shed (Conforming as to rear and side setback) Primary/Front Dwelling (Pre - existing and conforming as to dwelling; nonconforming as to deck alteration and extension and above - ground propane tank — within 5' side setback) 33% James C. Herbert, Sr. and Kathleen H. Hebert (hereinafter referred to as the "Applicant ") are the title owners of the real estate known and numbered as 58 Pleasant Street, Nantucket, Massachusetts (hereinafter referred to as the "Property"), as evidenced by a deed recorded at the Nantucket Registry of Deeds in Book 1012, Page 50. The subject Property is currently zoned Residential Old History ( "ROH "). ZONING BOARD OF APPEALS RELIEF SOUGHT: Applicant seeks relief by Special Permit from the Nantucket Zoning Board of Appeals (hereinafter referred to as the "Board ") pursuant to Nantucket Zoning By -Law Section 139 -33A to validate the previously constructed deck attached to the primary /front dwelling and above- ground propane tank, as shown and sited on the attached Building Location Plan prepared by Michael Connolly & Associates, Inc., dated June 23, 2014, which are nonconforming as to the five (5') foot side setback requirement in the ROH District. In the alternative, Applicant requests relief by Variance under Section 139- 32A(4)(a) /(b). HISTORY/EXISTING CONDITIONS: Applicant purchased the Property in 2006. There are three (3) structures on the Property including (i) a pre - existing primary /front dwelling (conforming as to dwelling and nonconforming as to attached deck and above - ground propane tank), (ii) a pre- existing nonconforming secondary /rear dwelling and (iii) a conforming shed. There is an open Building Permit No. 12570 -95 for re- shingle work and an alteration and extension of a pre - existing deck attached to the primary/front dwelling. The building application for Building Permit No. 12570 -95 provided that the alteration and extension of the deck would be sited 5 feet from the "right" side boundary of the Property and that no Special Permit or Variance relief was required. The deck, as constructed, is sited at its closest point 4.6 feet from the side boundary and encroaches approximately 6 inches into the 5 foot side setback in the ROH District. Additionally, there exists an above- ground propane tank that is sited near the deck and is approximately 2.0 feet from the side boundary and nonconforming as to the 5 foot side setback requirement in the ROH District. Applicant believes that the alteration and extension of the deck, upon construction by the prior homeowner, was intended to conform with the 5 foot side setback and unintentionally and inadvertently sited within the setback. SPECIAL PERMITNARIANCE RELIEF: Applicant requests the Board to: 1. Grant Special Permit relief under Section 139 -33A to validate the Building Location Plan prepared by Michael Connolly & Associates, Inc., dated June 23, 2014, as to the siting of all structures on the Property, including the deck as attached to the primary/front dwelling and above - ground propane tank. 2. Grant Special Permit relief under Section 139 -33A for the alteration/extension of the deck attached to the pre - existing primary /front dwelling and the above- ground propane tank and find such deck and propane tank to be not more substantially detrimental to the neighborhood. 3. In the alternative, grant relief by Variance under Section 139 -32A, taking into consideration the shape of the Property /Locus and the nonconforming deck and propane tank and finding that enforcement of the 5 foot zoning side setback requirement would involve substantial hardship to the Applicant; whereas, the desired relief may be granted without substantial detriment to the public good and without substantially derogating from the intent of the Zoning By -Law. 4 '5-- oa Town of Nantucket Zoning Board of Appeals RECEIVED 80ARD OF ASSESSORS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER..... I�f Tyl -e_eO /f_ X�k- J6V G/a 4`7Z�,e /j�� j J7. �`�CR A0 9-t-, MAILING ADDRESS...-A.0 �LIC`�E?�e/Yt/. PROPERTY LOCATION...-� ...... ............. ......... ASSESSOR MAP/PARCEL....-.. SUBMITTED BY............ SEE ATTACHED PAGES JUN 0 2 2014 TOWN OF NANTUCKET AAA I certify that the foregoing is a list"of all persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -298 (2)• ael O�ITE SSESSOR'S OFFIC TOWN OF NANTUCKET N P P P r m q ► W N r 0 0 A W W a P W W W W W N N N Y H pq y tV F�yll O5 O Cl (i(i(iyyy�q�q�q BHT+. �yzp K ^yg7 IE b. yH pny Y po7 y O (7N+1 H b M O p n 'U Pr! m z o 7 x yyx t' H H H y n ro y \ � ryi o ^9 4 rr� C,u W Fyyn n fbyyv y y ro V�ll H � H H y � H i a W m J Y J m a Y p ro N W W g A p Y y Y O m N A pp11 fT r Y b ro Y Y m W P m W b J ro ryJ lJ Y N N H O O Ft 'i H y o tmif Y ro U �pp uNi Col tmD b H�+�i t� 5W (� Y�j w W po C . �xH y i [ENSYHZHIAbH�Npy 2' y� m x y 'y y ro nx n 'A CY H O N Y tl H N y w H tl O N H r Myy H H + H H H yy y p Z tl ZS I3V1 K .yy y gg gg gg gg gg gg xg gg gg yg 33 zz cc�� gg tt 3 2y aa 2z tpy y yy yy g gg gg gg yy gg Xg x O N O N N N N N O O O O O H O H N W O O Y O N Om O O O O O N N N N N W g N N N O N O O O N N b N O N N N N H V N O N N N N N N N N N N Y N N J a H N N N O H W O O N N► N O N N N N N b V Y N N H N O N N g N N (r W N N J g J In N N b P P O Y N U N N N g O m N in N g O N m N N N N O N N N m N m N J N a a O P P g H P P A P O 0 a J a U A H b O J O P P N P m q P P P A H J b O A q P N P P N P f N O W N O b P N N Y Y Y Y" Y fp W N" H r NO N A Y W A Y q W Z ro N H ro ro Y Y Y P b H J ro q m Y Y Hr H C << H y H < C 5 Z r >O d d V V 4 R Q z w H n � 3 r H -3 H z 0 W O r m N ro a s m i N N N N N !n N N N N N N U N N N U N N N N N N N Ui N N U N N N a U A s N N N N U N N N a s n n> A UA U P P A H H H H Y Y H H H H H H H H H Y H K H H Y H Y N J N N H b b b C 4 P O y y ¢. W H 01 U a m b H N H Y A P y W Y r N HH❑ O H Z to 2 Ida 7 7co YS M x r�V+ HZ [$A9 Cti vJi a p s N N rw H H�� ti Hmy H �" n H J Fi k �y7 Cn K K A N Q Z Y << gg id gg � gg t gg gg zz gg yy z7K O N b O O O O O o Y O O O O W O N O J N H N N N N N N O N N N O N N N W a H g N U A m H UI H H N N O� N m N 0 O� A N m N H N Y N mY o N H A N O A A A A A P s a J A b m W A 0 A 0 b W J O J A H W H Y H A N N N H P N W N N N N N W H W N U N b N 01 N N t0 N LO N N to b N b l+ N H H H H n n n� K H H H H H H C< G H K 9 a H Ci 7 W 3 a O O N D 21 G C H C t� H N H H u 0 a H b e m h A m fir+ n O a H [zz' bbbb0 0 0O � 'A 7y1 y M yS � n37yyp 'pMR yty! W H H m I H I W H 01 U a m b H N H Y A P y W Y r N HH❑ O H Z to 2 Ida 7 7co YS M x r�V+ HZ [$A9 Cti vJi a p s N N rw H H�� ti Hmy H �" n H J Fi k �y7 Cn K K A N Q Z Y << gg id gg � gg t gg gg zz gg yy z7K O N b O O O O O o Y O O O O W O N O J N H N N N N N N O N N N O N N N W a H g N U A m H UI H H N N O� N m N 0 O� A N m N H N Y N mY o N H A N O A A A A A P s a J A b m W A 0 A 0 b W J O J A H W H Y H A N N N H P N W N N N N N W H W N U N b N 01 N N t0 N LO N N to b N b l+ N H H H H n n n� K H H H H H H C< G H K 9 a H Ci 7 W 3 a O O N D 21 G C H C t� H N H H u 0 a H b e m h A m fir+ n O a Roger Protois Charlotte Louisa Maison Stillwaters Nominee Trust 13 Atlantic Avenue 33 Upper Hollow Road PO Box 297 Nantucket, MA 02554 Stowe, VT 05672 -4519 Nantucket, MA 02554 -0297 Richard A. and Claire H. Seaquist, Trustees PO Box 2805 Nantucket, MA 02584 -2805 Louis E. & Maria -Luisa Roberts 85 Cedar Terrace_ Milton, MA 02186 William J. Stone, II 42 Eighth Street, Apt. 5302 Charlestown, MA 02129 Jamuel J. Perry, Jr. Mark S. & Virginia P. Lopez 10 Atlantic Avenue Nantucket, MA 02554 Paul M. & Elizabeth O..O'Rourke PO Box 2951 Nantucket, MA 02584 -2951 Artists Association of Nantucket PO Box 1104 Nantucket, MA 02554 -1104 Edward S. Grennan, Jr., et al PO Box 1829 Nantucket, MA 02554 -1829 Harris & Susan S. Warsaw 87 Mills Road North Salem, NY 10560 -2300 Wayne B. & Cynthia M.N. Hodges c/o Carey 1713 Greenway Drive Fredericksburg, VA 22041 47 Pleasant Street Realty Trust Jessie M. Glidden, Trustee PO Box 1079 Nantucket, MA 02554 -1079 Moonstruck, LLC 35 Alden Road Swampscott, MA 01907 Lindsey Butler 12 Atlantic Avenue Nantucket, MA 02554 Charles Leo & Donna N. Wilson 920 Haven Avenue Ocean City, NJ 08226 William V. & Bonnie Baldassano 1825 Township Line Road Blue Bell, PA 19422 Elaine Z. Feldberg c/o REPO Products 4485 Atlanta Road Smyrna, GA 30080 Linda J. Groves One Laurel Street Charlestown, MA 02129 Barbara T. Thomas 7 Atlantic Avenue Nantucket, MA 02554 Prevete Nominee Trust Raymond & Lorraine Prevete, Trustees 813 Half Moon Bay Drive Croton, NY 10520 John J. & Julie A. Palermo 8 Hillside Road Boxford, MA 01921 Paul GaIschneider PO Box 576 Nantucket, MA 02554 -0576 Dean Kevin & Michele B. Lurie 5125 Chevy Chase Parkway Washington, DC 20008 Karen L. Murphy 60 Pleasant Street Nantucket, MA 02554 Amy M. Fahrenkopf 291.0 Q SAtreet, NW, Apt. 11 Washington, DC 20007 ULM Family 2012 GST Trust 131 East 66 Street New York, NY 10021 Priscilla F. Saperstein Trust Lucky Fish, LLC Alfred E. Bernard PO Box 1408 91 Wetherell Lane 74 Orange Street Nantucket, MA 02554 -1408 Manchester, VT 05255 Nantucket, MA 02554 Jayray, LLC Alfred J. & Kathleen Souza Rosemary S Tierney Liv Rev Trust 450 Mountain Road 628 Belmont Street 322 Maple Street West Hartford, CT 06117 Manchester, NH 03104 New Bedford, MA 02740 Peter & Jill Weiner Michael J. Wilson, Trustee Lee Morgan 52 Damon Road PO Box 1433 11 New Street Needham, MA 02194 Nantucket, MA 02554 Nantucket, MA 02554 Andrew B. & Terri B. Sackett Winkler Kubie 2010 Family Rev. MAS Realty Trust 14111 Lewisdale Road Trust 75 Giezen Lane Clarksburg, MD 20871 48 Holman Road Wayland, MA 01778 Auburndale, MA 02466 Peter Debarros Penelope Dey Joseph M. Garasic 15 Warren Street 17 Warren Street Kathryn Marchant Nantucket, MA 02554 Nantucket, MA 02554 28 Beaufort Road Jamaica Plain, MA 02130 Georgia A. Axt Darian V. & Elizabeth M. Lapaglia Realty Trust 23 Warrant Street Almodobar 5 Atlantic Avenue Nantucket ' MA 02554 4 Atlantic Avenue Nantucket MA 02554 Nantucket, MA 02554 ' Laurie A. Kaplan, Trustee Robert D. & Carol M. Carter, Edward G. & Joanne M. O'Rourke 1633 35th Street, NW Trustees 172 Haverhill Street, Unit 21 3 North River Place Washington, DC 20007 Andover, MA 01810 Jensen Beach, Fl 34957 David F. & Patricia S. Dick, Hill Nantucket Realty Trust Trustees William J. Sonte, II Jodi W. Hill, Trustee PO Box 757 42 eighth Street, Apt. 5302 40 Commercial Wharf Center Conway, NH 03813 Charlestown, MA 02129 Boston, MA 02110 Lawrence K. Lema West York Street Trust Mollie & David Bigley 1 Atlantic Avenue Donald H. Chapin, Trustee 20 York Street Nantucket MA 02554' 1425 Kheall Road Nantucket MA 02554 ' Rye, NY 10580 ' Frederic F. &Sheila A. Heap Keebaugh Family Trust Rick & Nefeli M. Keebaugh, Trst. Victor Haley 210 North Street 999 Peachtree Street NE Hingham, MA 02043 10892 Treeview Court Atlanta, GA 30309 Great Falls, VA 22066 David M. Barrett Thirty York Street LLC Ethan Griffin & Bridgette Hynes 28 York Street 2483 Sea Island Yacht Club 50 Pleasant Street Nantucket, MA 02554 Rockville, SC 29487 Nantucket, MA 02554 The Development Co., Inc. Barbara Whaples Rives 25 York Street Realty Trust 60 Monmouth Park Highway 19 York Street Richard J. Glidden, Trustee West Longbranch, NJ 07764 Nantucket, MA 02554 PO Box 1079 Nantucket, MA 02554 -1079 Museum of Afro - American History 14 Beacon Street Boston, MA 02114 Petrel Holdings LLC l0A West Dover Street Nantucket, MA 02554 Alison P. Scavone, Trustee 1225 Foxboro Drive Norwalk, CT 06851 Museum of Afro - American History 46 Joy Street Boston, MA 02114 Whitfield C. Bourne c/o Countrywide Home Loans PO Box 10211 VanNuys, CA 91410 Carvalho Investments Assc. LP 16 Parsons Avenue East Providence, RI 02914 Kevin M. Silva 1501 Trombone Ct. Vienna, VA 22182 ZONING CLASSIFICATION. Exismc: MIN. AREA ..... • JP.�U. J;` S��Q L.S•` MIN. FRONTAGE:.. , .. ,S. 'P. FRONT YARD S.B.: ....... 0. REAR & SIDE S.B.:......1 GROUND COVER (x):.. J Q. l ..... lJW,�,W,I/G 7.t Li a - c' - 6 8--�lsi. C? /tom /.c >t OW�7�/G I N i 1 E I CERTIFY, AS OF /. THAT THE BUILDING(S) IS /ARE LOCATED ON THE GROUND AS SHO HEREON, PROFESSIONAL LAND SUR�V&Y6JR THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A PROPERTY LINE SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD, THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. (D Connolly & Associoles Inc. N 0 .f60Ii,C G/lov�/.p � p.80P.W,� TiGVf( STRw5ZT- BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MA. SCALE: / � /!S DATE: Owner. : its; �S, C,. Sin•�%�j�!/- �itry,.h!.ERQ.F.2T, Tax Map: S3% L0cus: 7: MICHAEL CONNOLLY & ASSOC. INC. PROFESSIONAL LAND SURVEYORS 149 SURF"SIDE ROAD NANTUCKET, MASSACHUSETTS 02554 508 - 228 -89 i 0 C�93� 7C o� 'tip cn RECEIVED ``7: �i TOWN OF NANTUCKET , P . c,k}1`I �:�� 17 � it 2 35 •BOARD OF APPEALS • ,._ ,ICKE. TOWN CLERK NANTUCKET, MASSACHUSETTS 02554 Date: December 17 , 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 49-14 Current Owner/ Applicant: JAMES C. HERBERT, JR. and KATHLEEN H. HERBERT 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 . NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket,Massachusetts 02554 Assessor's Map 55.4.1, Parcel 45 Book 1012, Page 50 58 Pleasant Street Plan Book 10, Page 48 Residential Old Historic (R-OH) DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, opened on Thursday, September 11, 2014, at 1:00 P.M., and closed on October 9, 2014, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of JAMES C. HERBERT, Sr. and KATHLEEN H. HERBERT, do Attorney Joseph Guay, Post Office Box 1294,Nantucket, Massachusetts, 02554, File No. 49-14: 2. Applicant is requesting Special Permit relief pursuant to Zoning Bylaw Sections 139- 33.A(1)(a) and 139-16.C(2) to validate the siting of an above-ground propane tank and an existing deck attached to the primary dwelling by reducing the side yard setback requirement from five (5) feet to two (2) feet. In the alternative, Applicant requests Variance relief pursuant to Zoning Bylaw Section 139-32 for a waiver from the five (5) foot setback requirement in 139- 16.A. The Locus is situated at 58 Pleasant Street, is shown on Assessor's Map 55.4.1 as Parcel 45, and on Plan Book 10, Page 48. Evidence of owner's title is recorded at Book 1012, Page 50 on file at the Nantucket County Registry of Deeds. The site is zoned Residential Old Historic (R-OH). 3. Our decision is based upon the application and accompanying materials, as well as 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 was one letter of opposition from a direct abutter specifically objecting to relief granted to validate the siting of the propane tank. This portion of the application was subsequently withdrawn. There was no oral opposition to the application. 4. Applicant, represented by Attorney Joseph Guay at both hearings, is requesting that the Board validate the siting of an existing deck and 150 gallon propane tank, both intruding into the five (5) foot southern side-yard setback. According to the applicant, who is the current owner, a predecessor in title altered the existing deck and inadvertently sited it inside the setback. The locus contains a lot area of 5,230 square feet in the R-OH zoning district where a minimum lot size of 5,000 square feet is required. The overall ground cover of the two dwelling structures upon the premises, said to pre-date the adoption of the Nantucket Zoning Bylaw, is approximately 32% where a maximum of 50% is allowed. The primary dwelling contains approximately 1,137 square feet and is conforming as to front and rear yard setbacks but non- 2 conforming as to the southerly side-yard setback, being sited as close as two (2) feet from the lot line where a five (5) foot setback is required. The secondary dwelling, while not addressed in this application, contains approximately 527 square feet and is pre-existing non-conforming as to side and rear yard setbacks. There is also a dimensionally compliant 68 square foot zoning shed. 5. Attorney Guay reviewed the history of the property. There is an open Building Permit (No. 12570-95), filed in 1995 by said prior owner, proposing various alterations, including the expansion of an existing deck located on the south side of the main dwelling. In conjunction with this Building Permit application, the prior owner obtained Historic District Commission ("HDC") approval by virtue of Certificates of Appropriateness No.s 27549 and 27972 for a deck said to measure 19 feet in length and 8.7 feet in width. The deck was shown to be five (5) feet from the southern lot line of the dwelling on the architectural plans submitted with the Building Permit and HDC applications. A 1995 Mortgage Plot Plan, drawn by Charles W. Hart, shows the deck, to have been sited nine (9) feet from the lot line prior to expansion. After expansion, it is shown to be 4.6 feet on a 2006 Mortgage Plot Plan, also drawn by Charles W. Hart. The propane tank is not shown on 2006 Plot Plan. The first time the propane tank appears is on plan entitled"Building Location Plan of Land in Nantucket, Ma.", prepared by Michael Connolly & Associates, Inc., dated June 23, 2014, attached herewith as "Exhibit A". Thereon, the tank is shown to be adjacent to the nonconforming deck and sited as close as two (2) feet from the lot line. The applicant believes that the minor setback intrusions caused by the deck and the propane tank were inadvertent on the part of the prior owner. During the September 9th hearing, the Board raised concerns about the installation of the propane tank and confirmed that they would not grant relief for this structure. They advised the applicant to either relocate the 150 gallon propane tank out of the five (5) foot setback or replace it with up to two 120 gallon tanks which would not be subject to the setback requirements pursuant to Section 139-2. The Bylaw's definition of Structure excludes "a maximum of two above-ground propane tanks not to exceed 120 gallons each." At the close of the initial hearing, the Board further requested that applicant obtain clarification of HDC approval for the deck as constructed. They suggested that they could grant relief for the existing deck with a restriction that the deck space could never being converted into living space. A unanimous Motion was made to Continue to the October 9th hearing to allow applicant to obtain a confirmatory approval by the HDC of the previously issued Certificate of Appropriateness as it pertains to the existing deck. 6. The hearing was re-opened on October 9, 2014. Attorney Guay informed the Board that the requested relief pertaining to the setback intrusion of the propane tank was withdrawn. Applicant will relocate the propane tank out of the setbacks and/or replace it with up to two smaller 120 gallon tanks. Attorney Guay further explained that he had complied with the request to obtain clarification of prior HDC approval for the deck. A letter dated October 7, 2014, from HDC Administrator Mark Voigt was presented to the Board. The letter specifically stated that the deck was not visible from 3 the HDC's "jurisdictional vantage point" which is "restricted to publicly accessible areas." He wrote, "Due to the limits of the HDC's jurisdiction, the deck in not visible and therefore is considered approved." Attorney Guay also presented correspondence from Surveyor Mike Connolly containing the exact measurements of the deck as constructed. 7. Applicant stated that pursuant to these facts, the threshold criteria of Bylaw Section 139- 16.C(2) for the granting of special permit relief to validate unintentional setback intrusions not closer than four (4) feet from a lot line were met, because the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion and, the intruding structure was so sited after 1990, and the siting of the structure was reasonably based upon a licensed survey. 8. Therefore, because said intrusion was based upon a reasonably licensed survey after 1990 and is not closer than four (4) feet from the side yard lot line, the Board made the finding that granting relief would be in harmony with the purpose and intent of the zoning bylaw and, furthermore, the burden of correcting said intrusion outweighs any benefit to an abutter because the intrusion may be considered de minimis. 9. Accordingly, by a UNANIMOUS vote, the Board found that the setback intrusion pertaining to the deck was unintentional, is not closer than four feet from the side yard lot line, and that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion. Accordingly, the Zoning Board of Appeals GRANTED a SPECIAL PERMIT pursuant Nantucket Zoning Bylaw Section139-16.C(2), validating the siting of the deck on the south side of the primary dwelling as close as 4.6 feet from the southerly side yard lot line, as shown on"Exhibit A", subject to the following conditions: a) The relief granted herein is specific to the siting of the existing deck and does not apply to any other setbacks on the lot; b) Any changes to the existing deck will require further relief from this Board; c) The propane tank currently sited as close as two (2) feet from the southerly side yard lot line will either be relocated out of the five (5) foot setback or replaced with up to two 120 gallon propane tanks. SIGNATURE PAGE TO FOLLOW 4 Assessor's Map 55.4.1, Parcel 45 Book 1012, Page 50 58 Pleasant Street Plan Book 10, Page 48 Residential Old Historic (R-OH) Dated: December 1.I' , 2014 Susan McCarthy 7 i /J � -A erim Kose,,,; I6,r W isa :•1? cel ichael An P 1.- f !AI T Geoffrey Thayer COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the IV4it day of i) e et M A , 2014, before me, the undersigned notary public, personally appeared M t amu I A-K I .S'1 ' , one of the above-named members of the Zoning Board of Appeals of N ntucket, 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. 2 t LL 0 distiW--- Offi al Signature and Seal of Notary Public My commission expires ,.'\ LYNELL D. VOLLANS Notary Public 1Corrrronwealth of Massachuset s rk :..mission Expires Decor.,: 23, 2018 5 or • _ "EXHIBIT A" ZONING CLASSIFICATION: /7(.-0/-k/ EXISTING: MIN. AREA . . . . . .J`5-c9.2 0.a% S< 3Q SF MIN. FRONTAGE: . . . . .,S"P,t'Y .� i%,1.�� FRONT YARD S.B.: . ... , , .Q. �T " _rS•S!/- -'-" �� ____ REAR& SIDE S.8.: . . . . ..5(;-7',-- a X/F- GROUND COVER (%): . .S,Q.% to A, ,fir" .S�y,/—.2// % ,, - ,V y6 N /r/F • , .0/' .5'Av,G' /..577'w/F 0 < ,iro oa,v.-7,4N,k1 ,Dive0XVl'C �t El_• sC . ,2'D/.4, G.C.:527. - • , /sryw/,= 1 sX,E� ,2.o'` 5S-y/ N/F _5 y/— 97 cil C// f,,E4 • p/v-/,4- \ I oECx D,A.O/C/-< >;, /.6• I • A Z /sr7 w/A' "00t,,,� GROCW0 I OW�,-•C/iv I,,‘-/'ZCMW,, - 7,1N`( r (� I 1✓! '.. i .c.=// 7isF - z I A yG' I ate. - �> • HIIIII ��' —_! k � 4,D,/' —— - . .. M ,6A 9A/'r .eT ',E 7" ( NN bt�liOtJ.Y Na 49682 etFBSt y 4'`= /1 o/v- BUILDING LOCATION PLAN THE BUILDING()FIS/ARE LOCATED ON THET OF LAND IN GROUND AS SHOW HEREON. NANTUCKET, MA. � (�J SCALE: /,�/5, DATE:Te-JA/L�0// PROFESSIONAL LAND SURV R Owner:X4'le',C:-SR•4/1(77/G xr.: ./e, ;..eo . . THIS PLOT PLAN WAS PREPARED FOR THE TOWN Deed/Cert.:44 !D4z." -5.OPIan:'/P,e4..- ?'g OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A PROPERTY LINE Tax Map:55 Y/'4/5 Locus:.r6 l,S^GV.T.S7 T SURVEY, THIS PLAN SHOULD NOT BE USED TO - ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. MICHAEL CONNOLLY col ASSOC. INC, THE PROPERTY LINES SHOWN RELY ON CURRENT . DEEDS AND PLANS OF RECORD. PROFESSIONAL LAND SURVEYORS THIS PLOT PLAN IS NOT A CERTIFICATION AS TO 149 SURFSIDE ROAD TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN NANTUCKET, MASSACHUSETTS 02554 ACCORDING TO CURRENT ASSESSOR RECORDS. ©Connolly&Associates Inc. 508-228-8910 C-696 4.