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06-16 25 Broadway Sconset
TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION FEB 12016 Pm 1:33 �Iavrn tacelt; guiidinc 'own & County 16 Broad St Nantucket, MA 02554 Fee: $450.00 File No. 64.4 Owner's name(s): 1620 Capital, LLC Mailing address: 579 Washington Street, Whitman, MA 02382 Phone Number: 508 - 228 -0771 Applicant's name(s): Same Mailing Address: E -Mail: John @gliddenandglidden.com Phone Number: 508 - 228 -0771 E -Mail: John @gliddenandglidden.com Locus Address: 25 Broadway, `Sconset Assessor's Map /Parcel: 73.1.3/108 Land Gaur-t Plan/Plan Book & Page�Plan File : N/A Deed Reference /Ge °d"eate of Title. Book 1489, Page 190 Zoning District: SOH Uses on Lot- Commercial: No Yes (describe) Residential: Number of dwellings: 1 Duplex X Apartments Date of Structure(s): Pre -1972 Building Permit Numbers: Previous Zoning Board Application Numbers: N/A State below or attach a separate addendum of specific special permits or 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. SIGNA SIGNA /Ageftt* Owner* *If an Attorney or other 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:–/–/– Planning Board:_ /_ /_ Building Dept.:–/–/– By: Fee deposited with Town Treasurer:_ /_ /_ By: Waiver requested: Granted:_ /_ /_ Hearing notice posted with Town Clerk:_ /_ /_ Mailed:—/—/— I &M_ /_ /_ &_ /_ /_ Hearing(s) held on:—/—/— Opened on :_ /_ /_ Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:_ /_ /_ Made:—/—/— Filed w /Town Clerk:_ /_/ Mailed:—//_ Exhibit A The Owner /Applicant, 1620 Capital, LLC (hereinafter referred to as "1620 ") is the owner of 25 Broadway, `Sconset ( "the Premises ") by virtue of a Deed recorded in Book 1489, Page 190. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(1)(a) to alter a preexisting nonconforming structure. The Premises, and pre- existing nonconforming duplex thereon, is nonconforming with respect to lot area, setbacks, ground cover ratio, and use. The lot, a lot of record, is undersized for the `Sconset Old Historic ( "SOH ") zoning district, having a lot size of 1,803 square feet in a zoning district that requires a minimum lot size of 5,000 square feet. However, because the lot is a lot of record, the undersized lot is grandfathered and has preexisting nonconforming status with respect to the intensity regulations of the Nantucket Zoning Bylaw. The structure upon the Premises, a pre- existing nonconforming duplex with approximately 1,085 square feet of ground cover, is nonconforming with respect to side and rear yard setbacks. The structure is sited approximately 0.5 feet from the northerly side yard lot line, 0.9 feet from the easterly rear yard lot line, and 0.6 from the southerly side yard lot line in a district that requires a five (5) foot rear and side yard setback. The structure has a ground cover ratio of approximately 60.2% in a district that requires a maximum ground cover ratio of 50 %. The structure is also a duplex and is a validly grandfathered two- family residence. However, since duplexes are not allowed in SOH zoning, this use is considered nonconforming as well. Said use was in existence since before the adoption of the Zoning Bylaw. The structure has been sited in its present location since prior to the adoption of the Zoning Bylaw and the setback and ground cover violations thereon are considered grandfathered and have preexisting nonconforming status with respect to the intensity regulations of the Nantucket Zoning Bylaw. The Applicant proposes to alter the structure by lifting the structure to place a new foundation beneath the existing footprint and by adding two second floor dormers to the West elevation, adding a dormer to the second floor and extending the existing one -story entry to two stories along the East elevation. As a result, the footprint will not change, however, the height of the structure will increase from 20 feet to 21 feet at its highest point. Said alterations have been approved by virtue of Historic District Commission Certificate of Appropriateness No. 65026. Therefore, because the proposed alteration does not increase the nonconforming nature of the lot or structure because the lot area, ground cover ratio, and setback intrusions are not affected as a result of the proposed alteration, nor is the duplex use, the proposed alteration will not be substantially more detrimental to the neighborhood than the existing nonconforming structure and Special Permit relief may be granted relief may be granted to allow the Applicant to alter the preexisting nonconforming structure in accordance with Historic District Commission Certificate of Appropriateness No. 65026 by adding the new foundation, increasing the height from 20 feet to 21 feet, adding dormers, and extending the one -story entry to two stories. I own ana County OT NantuCKet, MA 3a 73.1.344.1 ::..._. 73.1.35.7 32 r 27 73.1.3 43 - _.. +! 73. + 26 73MC 13 89 `i 473.1-.341 7. 73.1.3 90 Ct) 26 73.1.3 91 27 krr,� St :7331.310fi 1' 73:1. 8 6 W7-I.' 34-1 87 73.1.3 88 : 73.13121 Tiff M-6- 2 O S., .1.73.1.3 92 73.1.3 I07 F 23 11 24 7,.1.3L8 73-1.385 73.1.3 i34 : 25 is 20 7313117 73.1.3 94 nuary zu, Lulb 73.1.3123 7 73.1.3 45 73.1.3119 Grt,0 73.1.3 731.3 49 29 ,� 73.13 50 r73. 47 73.1.3 5173.1.3 52 i 73.1.3 34 X73 1.3 55 cn 73.13 54 1.3 5 .10 22 21 32 73. 1.383 73 18 °J --- -, - � *'• 16 73.1.3109 ... -' ' ° 73.1.3 57 73.13 83 � 73:1.3 116 :° 73.1.3 56 7311.3T81 73,1.395 73.1.3104 � _ 19 ,��, • ' 14 73.1.3110 �u fe1 0 S t ti zi m •-t 73:1.31.15 73.1.3 97 1 Q� 73:12 80 73.19103' a .73.119 15 73;1 58 731336 0 a Jacks Q 7.3.1.3 35 ' 1x31.3114 : , t 73.1.3-61 1 73.1.3 79' 733.310 73.1.3113 fti 8 , v' v` 16 17 73.1:3 98 5 LU —1,362 731,365 x'3.13 78 ` : : 73X, 10I .73.1.3113 r 1' 3 P 14 1S 1.3 7 26 77� 73. • • . ~ -- r 73.1.364 - ,.. � 1 73:1.3100 �_ @."9 k 73.1.368; h Ftf el . 24 1-;' CartoDB attnbutio 10 m Property Information Property 73.1.3 108 ID Location 25 BROADWAY Owner WELTON CHARLES E TRST .4 MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town and County of Nantucket, MA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated December, 2014 Properties updated January, 2015 0 10 20 30 ZONING CLASSIFICATION: SOH 2 S TORY WOOD BULLDINC MINIMUM LOT SIZE - 5,000 SQ. FT. PARCEL i MNIMUM FRONTAGE - 50 FT. SCALE 11NCN = 10 FEET FRONT YARD SETBACK - 0 FT. REAR YARD SETBACK = 5 FT. 00 SIDE YARD SETBACK = 5 FT. w GROUND COVER RAT K) = 507 Q EXISTING GROUND COVER RAMO - 6D.2 % a N N O 1 CERTIFY THAT THE BUILDING 15 z LOCATED AS SHOWN HEREON AND z THAT THE PROPERTY IS IN ZONE 'X' J a AS SHOWN ON F.I.R.M. 25019CD114C JOSEPH MARCKLINGER P.L.S. -- - STREET FOR MORTGAGE PLOT PLAN PURPOSES ONLY MA910N EDGE SHELL ROAD Q -EN. / / / m Q / / app FENCE Ow / L,P.G. / CONCRETE o / ,y25 %} 2 S TORY WOOD BULLDINC / PARCEL i AREA = 1,80 SO.FT. +rZ/ / >t 1.5 33 0' m N88'ag'p6'w ............. " EDGE SHELL TUCKER STREET (WA Y) JOSEPH MARCKLINGER P.L.S. J, MARCKLINGER & A_SOCIATES, INC. PROFESSIONAL LAND SURVEYORS P,O.BOX 896 NANTUCKET, MA. 025511 (310) 945 -7054 1 W m ro i O1 cr- W MORTGAGE PLOT PLAN NANTUCKET, MA. (NANTUCKET COUNTY) SCALE 1 IN.= 10 FT 25 BROADWAY JUNE 28, 2015 PLAN FILE: 29 -8 DEED BOOK 963, PAGE 14 ASSESSORS MAP 73.1.3 . PARCEL 108 OWNER: FAITH SULLIVAN, TRUSTEE WELTON FAMILY NOMINEE TRUST PREPARED FOR: 1620 CAPITOL LLC CERTIFICATE NO: } t 1 L DATE ISSUED Application to the HISTORIC DISTRICT COMMISSION, Nantucket, Massachusetts, for a fi CERTIFICATE OF APPROPRIATENESS for structural work. ' All blanks must be filled in using BLUE OR BLACK INK (no pencil) or marked N /A. NOTE: It is strongly recommended that the applicant be familiar with the HDC guidelines, Building with Nantucket in Mind, prior to submittal of.application. Please see other side for submittal requirements. Incomplete applications will not be reviewed by the HDC. This is a contractual agreement and must be filled out in ink, An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 of the Acts and Resolves of Mass., 1970, for proposed work as described herein and on plans, drawings and photographs accompanying this application and made a part hereof by reference. The certificate is valid for three years from date of issuance. No structure may differ „ from the approved application. Violation may impede issuance of Certificate of FpR OFFICE USE ONLY Occupancy. PROPERTY DESCRIPTION Date application received of "r�,' I Fee Paid: $ t' 'i • TAX MAP N °: i� PARCEL N °. Must be acted on by: i Street & Number of Proposed Work ,' t f ^f i . Extended to: Owner of record: f r)•' L C t, t: Approved: -' - Iii .Di Mailing Address: _ ' r '. E: Chairman: Renovation ❑ beck/Patio ❑ Steps ❑ Shed Member: i s ,r.:>I E-mail: Contact Phone #: : Member: Member: AGENT INFORMATION (if applicable) y rf Member. ! �: I -- � i Notes - Corpments - Restrictions - Conditions Name: r� jLA r Sq. footage 3rd floor: Mailing Address: - �`SJ� =c.; � t _ - ?: E,Y. f - ,.,_.E:,.� � � - y t l 1 West Additional Remarks 1.. REVISIONS' 1. East Elevation =fir 'f, :' �;��. %' -'• �' r ' �;..s'.:'? Contact Phone #: . ; _ E -mail DESCRIPTION OF WORK TO BE PERFORMED See reverse for required documentation, ❑ New Dwelling ❑ Addition ❑ Garage ❑ Driveway /Apron ❑ Commercial ❑ Historical Renovation ❑ beck/Patio ❑ Steps ❑ Shed ❑ Color Change ❑Fence ❑ Gate ❑ Hardscaping ❑ Move Building ❑ Demolition ❑ Revisions to previous Cert. No, ' ❑ Pool (Zoning District ❑ Roof Y Other )f ' , Y,'1 ) Size of Structure or Addition: Length: °a r` ? Sq. Footage 1st floor Decks /Patio: Size: ❑ 1st floor ❑ 2nd floor )r�(� Width: �:� r ` Sq. footage 2nd floor k ,� Size: ❑ 1st floor ❑ 2nd floor Sq. footage 3rd floor: Difference between existing grade and proposed finish. grade: North ” South East ' r _ West Height of ridge above final finish grade: North South i ' ` East West Additional Remarks 1.. REVISIONS' 1. East Elevation =fir 'f, :' �;��. %' -'• �' r ' �;..s'.:'? Historic Name:,. t, (describe) 2. Souh Elevation Original Date: 3. Westt Elevation ) t Original Builder:` 4. N o rth. E to vation rJ U 3, C 3`^ Is there an HDC survey form for this building attached? El Yes El N/A 'Cloud on drawings and submit photographs of existing elevations. DETAIL OF WORK TO BEPERFORMED Foundation: Height Exposed �V ❑ Block ❑ Block Parged ❑ Brick (type) P'Poured Concrete ❑ Piers Masonry Chimney: ❑ Block Parged 29rick (type) v r f 9 ❑ Other Roof Pitch: Main Mass /12 Secondary Mass 112 Dormer /12_ Other Roofing material: ❑ Asphalt: ❑ 3 -Tab ,❑ Architectural Fence: Height: Q'Wood (Type: Red Cedar, White Cedar, Shakes, etc.) _ Type: Length: Skylights (flat only): Manufacturer i M Rough Opening Size ` Location L t Manufacturer _ Rough Opening Size _ oca on Gutters: ❑ Wood ❑ Aluminum ❑ Copper ❑ Leaders (material) - - Leaders (material and size): Sidewall: D'6hite cedar shingles ED Clapboard (exposure: inches) Front ❑ Side ❑ ❑ Other - - -- Trim: A. Wood ❑Pine ❑- Redwood 'Cedar. ❑Other B. Treatment 12 Paint ❑ Natural to weather ❑ Other C. Dimensions: Fascia — Rake i e`f Soffit (Overhang) Corner boards :' Frieze Window Casing a f 1 �' -I Door Frame '?f Columns /Posts: Round _Square _.._ ✓` Windows': B'Double Hung ❑ Casement 9'4 Wood' ❑ Other Q-TI& Divided Lights(m.,�gjitins), single pane ❑ SDL's (Simulated Divided Lights) Manufacturer Doors' (type and material): [J TDL ❑ SDL Front Rear Side Garage Door(s): Type t �} _ _Material Hardscape materials: Driveways Walkways Walls Note: Complete door and window schedules are required, COLORS Sidewall. ti�"i `?I a ° `z: -'. Clapboard (if applicable) Roof i Trim �� ',,V, �' f,° :t ± , Sash I . k L z f R Doors Y r ';:! `a. L ' Deck Foundation Fence Shutters Attach manufacturer's color samples if color is not from HDC approval list. 1 hereby authorize the agent named above to act on my behalf to make changes in the specifications or the plans contained in this application in order to bring the applica- tion into compliance with the HDC guidelines. 1 hereby agree to abide by and comply with the terms and conditions of this application. I hereby agree that the submission of any revisions to this application will initiate a new sixty -day review period. s Date Signature of owner of record', �� -� "" a� it -' f _ ____ Signed under penalties of perjury m s B o ° RENOVA TION FOR: NANTUCKET ARCHITECTURE GROUP LTD. 1020 CAPITAL LLC POST OFFICE BOX 1814 NANTUCKET, MASSACHUSETTS, 02554 25 BROADWAY, NANTUCKET, MA TELEPHONE 508.228.5631 MAP: 73.1.3 PARCEL 108 WW W.NANTUCKETARCHITECTURE.COM O O � O O ❑ '© ° 0 o in ° �o z m � L7 P T E ° D Z �Z ❑ � G F O Or I O 31 OO ° O 0 0 0 Q O O _ _ 0 x O - -O T L 00 $ 00 I I ° El <> � .I A O ❑ m X z G1 N I i o o p ❑ z I I 0 T I I I I A I I I ° o O r- �, I , I I I I I I 0 ID / © o ° I 01 I I I ° —� I I I il0 ❑ I ___ I I o0 oO — 1 ------ L I . I I , 1 I Y--- — --------- - -- --- --- ---- -- ° i ° ❑ O m s B o ° RENOVA TION FOR: NANTUCKET ARCHITECTURE GROUP LTD. 1020 CAPITAL LLC POST OFFICE BOX 1814 NANTUCKET, MASSACHUSETTS, 02554 25 BROADWAY, NANTUCKET, MA TELEPHONE 508.228.5631 MAP: 73.1.3 PARCEL 108 WW W.NANTUCKETARCHITECTURE.COM l N -- - - - - -- � I 1 1 I O - O � I I I ° o I 1 I I I i m I 1 rn I I I I 1 I I O j9O p I I I I I I___i I D 1 I M 1 I I = I I I I I 1 1 I 1 I I I I I I I I I I I I I I I I I I I I I I 1 1 I I 1 I I OI 1 I I I I I I � I I I I V O j2 z j 0 O j ___ - - -` __________III m 'i1I111`'������� 1lllfifififi. � J I I I T O 4 i I I I I I I I I I I I I I I I I I I I I m m BROADWAY s Z +� EDGE OF PAVE SO4'0 B'47 E 3 I 54.5' .. o n j OVER I i an i A HANG `• I I { m °O' I }I cD 0 C A ••• ml m �Ll.'m � �/ a t•i � I a ~ •� o �z Yt' m i " { b NANTUCKET ARCHITECTURE GROUP LTD. POST OFFICE BOX 1814 NANTUCKET, MASSACHUSETTS, 02554 TELEPHONE 508.228.5631 W W W.NANTUCKETARCHITECTURE.COM 6 0 a RENOVATION FOR: z m� 1020 CAPITAL LLC a 25 BROADWAY, NANTUCKET, MA _ a MAP: 73.1.3 PARCEL 108 NANTUCKET ARCHITECTURE GROUP LTD. POST OFFICE BOX 1814 NANTUCKET, MASSACHUSETTS, 02554 TELEPHONE 508.228.5631 W W W.NANTUCKETARCHITECTURE.COM � s � y s ��ywy II I I I I 1020 CAPITAL LLC s I I I I ®® I I I m � 25 BROADWAY, NANTUCKET, MA MAP: 73.1.3 PARCEL 108 m I N 2 I I I I I I [n O c O I I = I I m O Z I I I I I I 4 I I I I I 1 I I ®® I I I - O I I I I O I I I I ®® i I I I I I I I I I I I I I � 3 S u i I I I I I I I I I I I I I I I L� I mx O II II I r�r 4 U I I D O 1 O z z 1 I I I li II I I I II II 11 I 1 II I I O li I II I 11 I 1 1 1 I I ® I I � I 1 II II 1 I I I li II I1 II II O - 'Ix � 1 I _ ®® r ru z = ra g' n e �a N 1`� EEE 9 °ti �i I � s NANTUCKET ARCHITECTURE GROUP LTD. POST OFFICE BOX 1814 NANTUCKET, MASSACHUSETTS, 02554 TELEPHONE 508.228.5631 W W W. NANTUCKETARCHITECTURE.COM o ° y RENOVATION FOR: ��ywy � 1020 CAPITAL LLC s � 25 BROADWAY, NANTUCKET, MA MAP: 73.1.3 PARCEL 108 NANTUCKET ARCHITECTURE GROUP LTD. POST OFFICE BOX 1814 NANTUCKET, MASSACHUSETTS, 02554 TELEPHONE 508.228.5631 W W W. NANTUCKETARCHITECTURE.COM Q o ° P a gl i m I I I I I I I I I I 8 il x A � I I I I I I I I I I I I I I 2 25 BROADWAY, NANTUCKET, MA O I I I I I Z A MAP: 73.1.3 PARCEL 108 O = I I I I I I I I. I = r o oaaoo D Z I I I I I I I I I I n Ell I I I I I I I I I I I I I I I I I I I I I I I I I I 2 m � � a I I I I I I II II I I I N ® I tiM p IE II , I H Z m I z li ti I I I r D z li li I I I I II 1 I I I I I a I I NO I[ I I I 1 II II I I I I li i I O� II i II I II II I I I I OI I I O Oil > jj II I i i i i i il III III' II it li 11 r r r r r r I I r I u r I 1 r I 1111111 �° II ® I ii EI n I I I I I I I I I I I Q NANTUCKET ARCHITECTURE GROUP LTD. POST OFFICE BOX 1 B14 NANTUCKET, MASSACHUSETTS, 02554 TELEPHONE 508.228.5631 W W W. NANTUCKETARCHITECTURE.COM o ° P a gl RENOVATION FOR: m 8 1020 CAPITAL LLC x 25 BROADWAY, NANTUCKET, MA MAP: 73.1.3 PARCEL 108 NANTUCKET ARCHITECTURE GROUP LTD. POST OFFICE BOX 1 B14 NANTUCKET, MASSACHUSETTS, 02554 TELEPHONE 508.228.5631 W W W. NANTUCKETARCHITECTURE.COM me Town of Nantucket Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER ......... 1d) .... 4!Q.J.IIUL .............................. MAILING ADDRESS........ PROPERTY LOCATION.......... j ............ ASSESSOR MAP /PARCEL........ , 111r . ........... SUBMITTED BY ...................................... ................. SEE ATTACHED PAGES 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 139-29B (2)• DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET 0 z H N H a a W H H A WHW N U H aQ Pa Pa a N a a a ak H rpxa��C. xfF�C a z w tFil W P M W H H M W >+ W W F F F U F H E m m m w m m m m w w a x E+ H F m x x F x F F 2 z E x x H E+ FC FC m w w w m m Ft H N m w M a x w r a x w Ia w fl r a m W H H x w w m w a m U 0 fC zfZ F7 C Fh z C m h O m h w z m FH F W C w ❑U U m H w m w O 0 m 3 Q a a w a a m a x a x a a x a m w x a x a w z 4z ❑ a u x � a x x x z x O l W o o o o o z W W m U U m U m m W O O O z z 0 r N M 0 - U W W H m H x N P lD O m M N M �p O O M N r h H O O M O N r N (n LD m m 0 Ol O m� 1(1 O O O Ol O H O O to h N r m N m r H M Ifl N H O 1D E O V' ul r-1 m m Ol m r Ol 41 ri C r m Ul r1 N N N N O .1 H H . 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TOWN CLERK 'N 2915 jUL -7 PM 3: 40 Al TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: July 7, 2016 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 06 -16 Current Owner /Applicant: 1620 Capital, LLC 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 sc 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 73.1.3, Parcel 108 25 Broadway, `Sconset `Sconset Residential One (SR -1) DECISION: Book 1489, Page 190 NO PLAN 1. At a public hearing of the Nantucket Zoning Board of Appeals ( "ZBA" ), opened at 1:00 P.M. on Thursday, February 11, 2016 and Thursday, April 14, 2016, and closed on Thursday, April 14, 2016, in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of 1620 Capital, LLC as Owners, 579 Washington Street, Whitman, Massachusetts 02382, File No. 06 -16. 2. Applicant requests special permit relief pursuant to Zoning By -law Section 139- 33.A(1) in order to alter the pre- existing nonconforming duplex. The structure is sited within the side and rear yard setbacks. The work consists of raising the structure to place a new foundation beneath the existing footprint and adding two second floor dormers to the West elevation, adding a dormer to the second floor and extending the existing one -story entry to two stories along the East elevation. As a result, the footprint will not change, however the height of the structure will increase from 20 feet to 21 feet at its highest points. The Locus, an undersized lot of record, is situated at 25 Broadway, is shown on Nantucket Tax Assessor's Map 73.1.3 as Parcel 108. Evidence of owner's title is in Book 1489, Page 190 on file at the Nantucket County Registry of Deeds. The property is zoned `Sconset Residential One (SR -1). 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. Opposition, both written and oral, was presented at the public hearing. 4. Attorney John B. Brescher represented the applicant at both hearings. Additional testimony regarding this project in favor of the application was received from Steve Theroux (Architect), and Bernie Perkins (Excavator). 5. At the initial hearing on February 11, 2016, attorney Brescher explained that the Premises, and pre- existing nonconforming duplex thereon, are nonconforming with respect to lot area, setbacks, and ground cover ratio. The lot, a lot of record, is undersized for the `Sconset Residential One (SR -1) zoning district, having a lot size of 1,803 square feet in a zoning district that requires a minimum lot size of 5,000 square feet. However, because the lot is a lot of record, the undersized lot is grandfathered and has pre- existing nonconforming status with respect to the intensity regulations of the Nantucket Zoning Bylaw. 2 6 Attorney Brescher further explained that the structure upon the Premises, as shown on plan entitled "Mortgage Plot Plan, Nantucket, MA." dated July 7, 2016 and prepared by Joseph Marcklinger, PLS, a reduced copy of which is attached herewith as "Exhibit A ", is a pre - existing nonconforming duplex having approximately 1,085 square feet of ground cover, and is nonconforming with respect to side and rear yard setbacks. The structure is sited approximately 0.5 feet from the northerly side yard lot line, 0.9 feet from the easterly rear yard lot line, and 0.6 from the southerly side yard lot line in a district that requires a five (5) foot side and rear yard setback. The structure has a pre- existing nonconforming ground cover ratio of approximately 60.2% in a district that allows a maximum ground cover ratio of 30 %. 7. The Applicant proposes to alter the structure by lifting the structure to place a new foundation beneath the existing footprint and by adding two second floor dormers to the West elevation, adding a dormer to the second floor and extending the existing one -story entry to two stories along the East elevation. As a result, the footprint will not change, however, the height of the structure will increase from 20 feet to 21 feet at its highest point. Said alterations have been approved by virtue of Historic District Commission Certificate of Appropriateness No. 65026. The proposed alterations do not increase the nonconforming nature of the lot or structure because the lot area, ground cover ratio, and setback intrusions will not change as a result of the proposed project. Therefore, the proposed alterations will not be substantially more detrimental to the neighborhood than the existing nonconforming structure and Special Permit relief may be granted to allow the Applicant to alter the pre- existing nonconforming structure in accordance with Historic District Commission Certificate of Appropriateness No. 65026 by adding the new foundation, increasing the height from 20 feet to 21 feet, adding dormers, and extending the one - story entry to two stories. 8. Over the course of the two hearings, the Board heard substantial opposition to the project. Along with counsel for the abutters, several abutters — many of whom had also submitted written opposition — appeared at the hearing to express various concerns related to the impact on the neighborhood. Those expressing concerns collectively maintained that substantial site constraints inevitably effect the construction methodology and best practices must be incorporated and adhered to throughout the construction process. The principal contention was that the proposed alterations would have a negative impact on the neighborhood because of the inconvenience that would be inflicted upon the abutters as a result of the construction process. The neighbors, in particular, expressed concerns about the existing sewer and water lines and urged the Applicant to meet with members of the Department of Public Works and Wannacommet Water to ensure the public utilities were not compromised as a result of the construction. The parking of construction vehicles and the time during which the exterior construction would take place were additional matters of concern. 9. Numerous representatives for the applicant assured the Board and the concerned residents that best practices would be consistently and reliably applied with this renovation project. It was further explained that the work will be done according to all applicable building 3 6 Attorney Brescher further explained that the structure upon the Premises, as shown on plan entitled "Mortgage Plot Plan, Nantucket, MA." dated July 7, 2016 and prepared by Joseph Marcklinger, PLS, a reduced copy of which is attached herewith as "Exhibit A ", is a pre- existing nonconforming duplex having approximately 1,085 square feet of ground cover, is nonconforming with respect to side and rear yard setbacks. The structure is sited approximately 0.5 feet from the northerly side yard lot line, 0.9 feet from the easterly rear yard lot line, and 0.6 from the southerly side yard lot line in a district that requires a five (5) foot side and rear yard setback. The structure has a ground cover ratio of approximately 60.2% in a district that allows a maximum ground cover ratio of 30 %. 7. The Applicant proposes to alter the structure by lifting the structure to place a new foundation beneath the existing footprint and by adding two second floor dormers to the West elevation, adding a dormer to the second floor and extending the existing one -story entry to two stories along the East elevation. As a result, the footprint will not change, however, the height of the structure will increase from 20 feet to 21 feet at its highest point. Said alterations have been approved by virtue of Historic District Commission Certificate of Appropriateness No. 65026. The proposed alterations do not increase the nonconforming nature of the lot or structure because the lot area, ground cover ratio, and setback intrusions will not change as a result of the proposed project. Therefore, the proposed alterations will not be substantially more detrimental to the neighborhood than the existing nonconforming structure and Special Permit relief may be granted to allow the Applicant to alter the pre- existing nonconforming structure in accordance with Historic District Commission Certificate of Appropriateness No. 65026 by adding the new foundation, increasing the height from 20 feet to 21 feet, adding dormers, and extending the one- story entry to two stories. 8. Over the course of the two hearings, the Board heard substantial opposition to the project. Along with counsel for the abutters, several abutters — many of whom had also submitted written opposition — appeared at the hearing to express various concerns related to the impact on the neighborhood. Those expressing concerns collectively maintained that substantial site constraints inevitably impact the construction methodology and best practices must be incorporated and adhered to throughout the construction process. The principal contention was that the proposed alterations would have a negative impact on the neighborhood because of the inconvenience that would be inflicted upon the abutters as a result of the construction process. The neighbors, in particular, expressed concerns about the existing sewer and water lines and urged the Applicant to meet with members of the Department of Public Works and Wannacommet Water to ensure the public utilities were not compromised as a result of the construction. The parking of construction vehicles and the time during which the exterior construction would take place were additional matters of concern. 9. Numerous representatives for the applicant assured the Board and the concerned residents that best practices would be consistently and reliably applied with this renovation project. It was further explained that the work will be done according to all applicable building 3 code regulations, and that the contact information of the site manager and General Contractor will be given to all neighbors. 10. The Board established that the proposed project, if not done very carefully, will have a potentially substantial detrimental impact on the neighborhood. The Applicant informed the Board that a Geotechnical Engineer had been retained and would be completing a survey of the surrounding properties before any work commenced. The Board requested a more detailed construction methodology and asked how this project methodology could be differentiated from one that was recently approved at 1 Kite Hill Lane. 11. At the second hearing on April 14, 2016, the Board reviewed the revised and refined Construction Methodology and the supplemental information prepared by Attorney Brescher differentiating this project from the one at 1 Kite hill Lane. Further testimony was received from Steve Theroux explaining why the underpinning method of construction would not work for this renovation. It was also explained during this hearing that the neighbors would be able to contact the General Contractor, should they have any concerns or issues with the construction. There will also be a Blog set up so the neighbors may be updated on the progress and status of the project. The issue of basement expansion and potential living space in the basement was addressed by the neighbors and their counsel. The structure currently has 5 bedrooms and the basement space is dedicated to mechanicals and storage — there is no habitable space contemplated in the basement. 12. Based upon the testimony received at the hearings, the above - referenced site plan, the Construction Methodology and related submissions, the Zoning Board of Appeals made a determination that the requested relief may be granted according to the findings that the proposed project will not make the existing nonconforming setback distances more nonconforming and will not be substantially more detrimental to the neighborhood than the existing nonconformities, provided that the detailed the Construction Methodology is strictly adhered to so as to minimize any negative impact on the neighborhood. 13. Accordingly, by a UNANIMOUS vote of the sitting Board, the Zoning Board of Appeals GRANTS the requested relief by SPECIAL PERMIT pursuant to Zoning By -law Section 139 - 33.A(1) in order to alter the pre- existing nonconforming dwelling upon a pre- existing nonconforming lot. The relief is conditioned upon the following: a. The proposed alterations and expansion shall be done in substantial conformity with the above - referenced plan, a reduced copy of which is attached herewith as "Exhibit A ", and with the plans approved in conjunction with Nantucket Historic District Commission Certificate of Appropriateness No. 65026, as the same may be amended from time to time; 4 b. The project shall be done in accordance with the Construction Methodology attached herewith as "Exhibit B "; C. There shall be no living space in the basement without further relief from this Board; d. No air conditioning units shall be sited within the setback; e. There shall be no exterior construction in connection with the relief granted hereunder between June 15th through October 1St of any given year; f. The General Contractor, Site Manager, and/or Construction Supervisor will provide all contact information to the Zoning Administrator and any abutters who request it; g. The construction team will have a pre - construction meeting with the Town Engineer, and/or a representative from the Department of Public Works and Bob Gardner of Wannacomet Water Company to make sure the sewer and water lines are protected; h. In the event that there is interior construction during the summer, the workers will be encouraged to utilize either public transportation or to carpool so as to reduce the number of construction vehicles along Broadway. During the off -peak months, the construction vehicles will use public parking spaces along Broadway; The Applicant shall abide by the noise bylaw as set forth in Chapter 101, Section 1 of the code of the Town of Nantucket. SIGNATURE PAGE TO FOLLOW R Assessor's Map 73.1.3, Parcel 108 25 Broadway, `Sconset `Sconset Residential One (SR -1) Dated: Lne__ 9 ,2016 Book 1489, Page 190 NO PLAN COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the 94h day of j LAV)2 , , 2016, before me, the undersigned notary public, personally appeared Lt s a t) ice,{ ( , one of the above -named members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me to be Me person whose name is signed on the preceding document, and acknowledged that he signe,j t e foregoing i strume}t voluntarily for the purposes therein expressed. -__- fici 1 Signature and Seal k Not ublic r,, J,� DORIS C. STRANG My commission expires: �D Cpl 2d�,� Notary Public Massachusetts Commission Expires Oct 9. 2020 h "EXHIBIT A" 0 10 20 30 ZONING CLASSIFICATION: SR -1 MINIMUM LOT SIZE a 5,000 SQ. FT. SCALE 1 INCH - 10 FEET MINIMUM FRONTAGE 50 FT. FRONT YARD SETBACK = 10 FT. ap REAR YARD SETBACK = 5 FT. SIDE YARD SETBACK = 5 FT. w GROUND COVER RATIO - 305 Q � EXISTING GROUND COVER RATIO = 60.2 5 N N O Z ar' t T THE BUILDING IS OWN HEREON AND ERTY IS IN ZONE 'X' 'S HOWN I.R.M. 25019CO114G a 0 MARC -MEET SEP S. Ecis P 5 i7 S� = __MARION S F OT PLAN PURPOSES ONLY EDGE SHELL ROAD N83,39"09�E N 24.5' Q NC FENCE W00D OW Lb Q CONCRETE`.,•\ •\'I W m 1 0 W x/25 1i 2 STORY WOOD °ro N BUILDING PARCEL i V •�, AREA = 1,803 SQ.FT. I �Z o= O i` CC w°% i u- 33. 0' NBB'49'06'W -- - -- - -- "- EDGE SHELL TUCKER STREET (WAY) MORTGAGE PLOT PLAN NANTUCKET, MA. (NANTUCKET COUNTY) SCALE 1 IN.= 10 FT 25 BROADWAY JOSEPH MARCKLINGER P.L.S. JULY 7, 2016 J. MARCKUNGER & ASSOCIATES, INC. PLAN FILE: 29 -B DEED BOOK 963, PAGE 14 PROFESSIONAL LAND SURVEYORS ASSESSORS MAP 73.1.3 , PARCEL 108 P.O.BOX 896 OWNER: FAITH SULLIVAN, TRUSTEE WELTON FAMILY NOMINEE TRUST NANTUCKET, MA. 02554 (310) 945 -7054 PREPARED FOR: 1620 CAPITOL LLC EXHIBIT B CONSTRUCTION METHODOLOGY* 25 Broadway, `Sconset ZBA Application — File No. 06 -16 STRUCTURAL CONSIDERATIONS FOR INSTALLATION OF NEW FOUNDATION ❖ There is no foundation on Broadway to underpin. The building is supported on intermittent stones on which the wood frame was placed when the building was moved to this site. ❖ The first floor deck and lower part of the exterior walls are rotted and beyond repair. This is due to an elevation of the first floor frame and lower stud walls that is lower than the surrounding grade, which slopes toward the building causing water run -off to saturate the wood frame. ❖ Broadway is in very close proximity to the front of the building. The other three sides of the building are abutted by lanes that have utilities beneath them. THEREFORE the proposed work is to: • Lift the building so that a proper foundation can be installed below. o Toscana will likely be doing the building lifting, shoring, and sheet pile installation. Toscana has a low vibration sheet pile driving rig, which is planned to be used for this project. • The house will be supported on shoring beams fastened to the first floor studs below the second floor wall plate. The shoring will be used to lift the building and allow removal of the damaged first floor frame and stud work that is also damaged. A new first floor will be installed utilizing a mud -block condition at the outside perimeter so as to block water infiltration as has happened with the wood frame sitting on the "foundation ". INADDITION: ■ The Owner has retained a geotechnical firm that will perform borings and also provide an existing conditions survey of the buildings abutting the property. The use of the geotechnical engineer for subsurface documentation so as to have as much information regarding the street support, abutter's property, and soil conditions as possible. o The soil exploration will verify conditions of the soil, water table, and is required as the building is next to public roadway for the proper design of the sheet Piling. The exterior dimensions of the structure will remain as they currently are; The Contractor will be available to abutters via phone, email, or on site meeting; No exterior construction for this project will be done between June 15th and October 1St of any given year. "Pursuant to summary provided by Bernie Perkins of Toscana and Stephen Goan of SJE Engineering, LLC. File No. 06 -16 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 Map 7 313 Parcel 10 8 '�Wr N,* 2:5 1: 3 7 This agreement to extend the time limit for the Board of Appeals to make a decision, hold a public hearing, or to take other action concerning the application of: 1620 CAPITAL, LLC Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s) /Petitioner(s) and the Zoning Board of Appeals hereby agree to extend the time limit O For a public hearing on the application go For a written decision O For other action Such application is: O An appeal from the decision of any administrative official � A petition for a special permit O A petition for a variance O An extension O A modification NANTUCKET Vdt TOWN CLEF The new time limit shall be midnight on ;?July 18, 2016 which is not earlier than a time limit set by statute or bylaw. The Applicant (s), attorney, or agent for the Applicant represented to be duly authorized to act in this matter for the applicant, in executing this agreement waives any rights er the Nantucket Zoning Bylaw and the State Zoning Act, as amended, to the extent, but only to extent, inconsistent with this agreement. P/ For App t (s) r / V Eleanor Antonietti, Zoning AdministratgS For Zoning Board of Appeals July 1, 2016 Effective Date of Agreement 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508- 228 -7298 facsimile Town Clerk Stamp: