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Home My WebLink About25-16 55 Union StreetFee: $450.00 Owner's name(s) TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION George Gray LLC Zoning Board of Appeals Pe 2016 RECEIVED 4 2016 2016 C, ? DMI J -j- NANTUCICE, T File No. 2.5-16 100 W N C L E RX" Mailing address: c/o Sarah F. Alger, P.C., Two South Water Street, Nantucket, Massachusetts 02554 Phone Number: (508) 228-1118 F. sfa@sfapc.com Applicant's name(s): Same as above. Mailing Address: Phone Number: E-Mail: Locus Address: 55 Union Street Assessor's Map/Parcel: 55.1.4/89 Land Court Plan/Plan Book & Page/Plan File No.: Plan No. 2014-92 Book 1459, Page 294 ROH Deed Reference /Certificate of Tide: . Zoning District Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwellings I Duplex 0 Apartments 0 Date of Structure(s): all pre-date 7/72 X or Building Permit Numbers: 1758-14 Previous Zoning Board Application Numbers: ZA 26-14 2 F a i r g r o u n d s R o a d N a n t u c k e t Massachusetts 02554 508 - 228 -7215 telepho ne 508 - 228 -7298 facsimile W State below or attach a separate addendum of specific special permits or variance relief applying for: See attached Addendum. 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: ! l V-4, ,/i W-1 L-'�( L➢= Owner* SIGNATURE: 2K , Z:nL, Applicant /Attorney /Agent* *If an Agent is representing the Nvner 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Town Clerk:_ /_ /_ Mailed:_ /_ /_ I &M_ /_ /_ &_ /_ /_ Hearing(s) held on:—/—/— Opened on :_/_/_ Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:—/—/— Made:—/—/— Filed w /Town Clerk:_ /_ /_ Mailed:_ /_ /_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508 -228 -7215 telephone 508 - 228 -7298 facsimile ADDENDUM (Nantucket Zoning Board of Appeals Application 55 Union Street, Nantucket, Massachusetts) The Applicant seeks a Special Permit under Nantucket Zoning By- law (the "By- law ") §139- 16.C(2) to validate an unintentional intrusion of about 0.2 feet into the required side yard setback of 5 feet. In the course of construction, which was reasonably based on a licensed survey, an underground cistern was encountered that had the unintended effect of changing the course of the wall, causing it to be about 0.2 feet (about 2.4 inches) into the setback in one corner. Applicant also seeks a clarification of the Zoning Administrator's Decision, dated December 30, 2014, recorded with Nantucket Deeds in Book 1470, Page 182 in which it is inadvertently stated that the dwelling is sited about 2.4' from the Westerly (rear) lot line, when the plan referenced by the Decision actually shows the dwelling to be sited about 2' 4" from the line or about 2.31. The Locus is located at 55 Union Street, is shown on Nantucket Tax Assessor's Map 55.1.4 Parcel 89, is shown on Plan File No. 2014- 92 at Nantucket Deeds, and is located in the Residential Old Historic ( "ROH ") Zoning District. I own ana County OT NanLuCKet, MA 55 Union Street may zi, zuib D .i.4 D 55.1.4 64 3 a8 , 1 24+ $ f61ba'. 84ee 86 r 'i0 4 04' � 88 5 55:1.4 66 55_i_4r26 : 4 64 554.1 25 7 y ` , � � 4 r ' S53�4;�1•# 5&.4 67 55 4.126 - 55*l'4 101 63 �Z • 66 55q,4 65 2 554I�p4 68 `E 55.14 57155 4'55 .� .5..4`.92, 0 *" 5511,4 Z5 c s ac QOT " r` 5'.1.4 +. 5� ,*- d� 76 r` 55.2:4 24 ��,+ - �, - - /0 93 2 SO 551�4'S5 5 .1. J Ti 5 Y., 7 r 55>1454 # 55:1 ^4 96 - - 10 m erms of Us. Property Information Property 55.1.4 89 ID Location 55 UNION ST' Owner GEORGE GRAY LLC 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 55.1.4 -88 - & /ZOLO -T 10T 12' 53 0 4.49 N, 1 1�2 STY /F OW c W 2 c E�UNG N CP c0 55.1.4—B-7 FAUNCE 6.8' — x� N �F E�FE EST ATE OD + AC UMT 12.95'' S 1 4 -86 N /FEST PAT ANDREWS BAgRgARA P• NOTES: 1.) BUILDING DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS WITH RESPECT TO SIDE AND REAR YARD SETBACKS. 2.) SEE ZBA DECISION RECORDED IN DBK 1470, PG 182 * ADDITIONAL NOTE: ZBA DECISION NOTED ABOVE STATES THAT THE DWELLING IS SITED 2.4' FROM THE WESTERLY (REAR) LOT LINE. HOWEVER THE PLAN REFERENCED BY THE DECISION ACTUALLY SHOWS THE BUILDING SI1 2' -4" FROM THE LINE, WHICH IS 2.3' —. 1H OF A4 RC+BERT ryG A I 55 UNION STREET LOT AR SF 4494 - N CD (D -1 cn 3 m r.- cp"`I l+ 50.49 STREET Y ORK rn `Z c F--{ n a y PLOT PLAN TO ACCOMPANY APPLIC aTION CURRENT ZONING: ROH �; TO ZONING BOARD OF APPEALS IN SMACK N NANTUCKET, MASSACHUSETTS MINIMUM LOT SIZE: 5000 S.F. �, No. 37730 0 MINIMUM FRONTAGE: 50 FT. °'F �EG�STER�� ,`` SCALE: 1"=15' DATE: MAY 27, 2016 FRONTYARD SETBACK: NONE �r��N�� AN�SJQ DEED REFERENCE: DBK 1458, PG 3216 SIDE AND REAR SETBACK:5 FT. PLAN REFERENCE: PL NO. 2014 -92 ALLOWABLE G.C.R.: 50% ASSESSOR'S REFERENCE: EXISTING G.C.R.: 26.3+— % AP: 55.1.4 PARCEL: 89 EXISTING G.C.: 1180 ±SF PREPARED FOR: GEORGE GRAY LLC FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN EMACK SURVEYING, LLC RELIES ON CURRENT DEEDS AND PLANS OF RECORD, 2 WASHAMAN AVENUE VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. NANTUCKET, MA. 02554 THIS PLAN IS NOT REPRESENTED TO BE A TITLE (508) 325 -0940 EXAMINATION OR A RECORDABLE SURVEY. J-1269 Bk: 01470 Pg: 182 i��INlllq N �I N Nil NI IN I NN�III I Ill Bk: 1470 Pg: 182 Page: 1 of 5 Doc: DEC1810 01/30/2016 09:46 TOWN OF NANTUCKET ZONING ADMINISTRATOR NANTUCKET, MASSACHUSETTS 025 Date: December 30, 2014 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No ?A 26 -14 Owner /Applicant: GEORGE GRAY LLC Enclosed is the Decision of the Zoning Administrator which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision to the Zoning Board of Appeals may be taken pursuant to Nantucket Zoning Bylaw Section 139- 29.C.(3) Any action appealing the Decision must be brought by filing a notice of appeal, specifying the grounds thereof, with the Town Clerk, pursuant to Nantucket Zoning Bylaw Section 139- 29.C.(6) Eleanor Weller Antonietti, Zoning Administrator cc: Town Clerk Building Commissioner /Zoning Enforcement Officer • � f Bk: 01470 Pg: 183 TOWN OF NANTUCKET NANTUCKET ZONING ADMINISTRATOR 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 55.1.4 Parcel 89 Book 1458, Page 294 55 Union Street Plan No. 2014 -92 Residential Old Historic (ROI l) DECISION: I. Upon review of the Application submitted by the Applicant. the Zoning Administrator determined pursuant to Nantucket Zoning By -Law § 139- 33.A(1)(b) that the proposed alterations. extensions, and structural changes to the pre - existing non - conforming structure do not increase its non - conforming nature. _'. The Appliewit proposes to alter portions of the structure which are sited within the northern side and westeni rear _yard setbacks. The work consists of rehabilitation and renovation of an historic dwelling which includes the construction of a porch rurming the length of the front of the house. facing Union Street, and a two -story addition to the rear of the structure. The porch addition will result in an extension. containing approximately 22 square feet, of the northern side yard setback intrusion from the existing northeast corner of the structure to the lront Ward lot line. The addition to the rear of the structure will result in a vertical extension of the northern side and westenn rear setback intrusions. The resulting height of this rear addition will be approximately 23.1 feet. These alterations will not bring the , structure any closer to the side and rear yard lot lines than the existing structure, as shown on plan entitled "Proposed Plot Plan - ZBA APP. ", prepared by Milton Rowland & Associates. and attached herewith as -Exhibit. A ". 3. The major renovation is comprised of further alterations within the buildable portion of the property �vliich do not require relief. These stntctural changes consist ol: a 149 square foot first floor addition with a roof height of approximately 26.6 feet to the south elevation of the structure outside of the setback; a new roof walk; fenestration and roof '-pitch changes, and; new shingling. The addition will bring the total ground cover of the structure to 1.160 square feet where a ground cover of 2.249 square feet is allowed. ]'he existing height of the structure. approximately 30.4 feet at its highest point, \A, ill not be increased. Pursuant to Nantucket Zoning By -.law Section 139- 17.B(1), roof walks are uses pennitted to exceed the thirty (30) foot height limitation specified in Section 139 -17.A "to an extent reasonable and customary ". All of the proposed alterations have been granted historic .District Commission approval by virtue of Certificate of Appropriateness No. 62899. N Bk: 01470 Pg: 184 4. The property. a corner lot abutting both Union Street and York Street, is an undersized lot of record. "]Wherefore, the Locus is pre - existing nonconforming with respect to lot area. having a lot size of 4,494 square feet in the Residential Old I- listoric zoning district where minimum required lot size is 5,000 square feet. The lot contains a LM l square foot dwelling, said to be built circa. 1834, with an existing total ground coyer ratio of'approximately 22.5 %, where 50% is allowed. The dwelling is sited as close as zero (0) feet from the northern side yard lot line and as close as 2.4 feet from the western rear yard lot line where the minirnurn side and rear yard setbacks are five (5) feet. The dwelling is pre - existing nonconfonning as to height with an approximate height of 30.4 feet at its highest Point IMhere a maximum height of thirty (30) feet is allowed. -17te premises contain no parking spaces where one (1) is required. However. applicant proposes a new driveway at the southwest corner of the lot, providing access from York Street. These nonconiormitics pre -exist the 1972 adoption of Nantucket's Zoning By -law. 5. Although the height of the structure would increase within the required five (5) foot setback area. it would come no closer to the side and rear yard lot lines than the existing structure. The addition of the front parch will result in an extension of the northern side yard lot line towards the eastern front }card lot line, but will not bring, the structure any closer to the northern lot line. Therefore, because the proposed alterations will not result in an increase to the pre- existing non- conforming side and rear yard setbacks. as shown on "Exhibit A ", the Zoning Administrator finds that the proposed work will not increase the pre - existing nonconforminc nature of the Locus. 55 union Street Assessor's Map 55.1.4 Parcel 89 Residential Old Historic (ROIL) {{fi�b I CERTIFY THA&AYS HAVE ELAPSED AFTER THE DECISION WAS FILED IN THE OFFICE OF THE TOWN CLERK, AND THAT NO APPEAL HAS BEEN FILED, PURSUANT TO GENERAL LAWS 40A,SEMON 11 TOWN CLERK ATTEST: A TRUE COPY NANTUCKET TOWN CLERK Elk: 01470 Pg: 185 Book 1458, Page 294 Plan No. 2014 -92 JAN 3 0 2015- Eleanor Weller Antonietti Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket. ss On the 3_� dad u1 _._ CP,tvUbC2. 2014, bel6re me. the undersigned notary public. personally appeared _ 61t o vt o e_ UJ ,0_ i P__+t , ►4 v� C, the above -named I.oninc Administrator of Nantucket.. Massachusetts, personall} known to me to be the person whose name is signed on the preceding document, and acknowledged that she signed the foregoing instrument voluntarily for the purposes therein expressed. Notary I/L.-blic: My Commis 1W&1V %LLAN5 ji'S Notary public Commenwealth of Mossachusatts My Commission Expires —inber 28, 2018 4 Bk: 01470 Pg: 186 EX157IN40 ENOMArHUENT - WO CHANGE JEXHIBIT A I MENT (225.f.) GEORGE GRAY LLC Z UNION ST. R'T"'pf M NANTUCKET MA o3554 it F"KCF'05E[) PLOT PLAN -Z5A APP. Aol wm 5GALE: 1 " =15' -0" ti T. c It nt en 3 m CL IN Mt a 3 60 �so� µ tx5502 W Op 35,12 >o 0 Z �( W z O b t .$.50 5 ti O 5 132028 E N 13tt'22 8 I 6 Q rc F Q H F- � W pp i r m " z pF I `l T O W Z � O � W oa �Z • Z o° F S a c W m Q, Z' a - aO p v S �� '�^.• m �m a�i Gi` °z� W a �_� F- ooT,o Z mQr�_� (L �/ O Norm o� W 5 U <mz o �W F ' la! N Z o fir^ �9 U° C7 p N m o w Z' < Z Li }r "r�1 z< Q 6 ca " x W a_ C) �z €� W a_ 5 t60Z E STIZgET 13j6'a2 E tt8 3 x6 F<os .Nt a. YO UT) sm# b��3o `,� (1939 ��or UNION �amTF � nz .M46'D2 E Mt a 3 60 �so� µ tx5502 W Op 35,12 >o 0 Z �( O 1 -05 Nid II � O O� � y ��1 to pe rated � e� pq,ndan' IM °N �3Z21� W N c r G u N Ocl c °s o a ui o i- i OZ yQO.� /f i LZA U4 Cam-. rf U �M W jam•. r F � oW== > �j V� �R a.. �Z«SV�iW WH4�C1 yWy� WOW < G Y z F �yFj}¢3W3 < OV pO� pW 4i;O�Z � Oo70Z0 Ign oY goo J �C;SJ V o ex• z � U� At z��N�JO �-WOa 2 <3 S m =�ymStT �! • F-� V tiff F� zo `y g ¢poo ' Jso }1 NO�oo j �j� V 2=o5 J Z ' OU�J <m ,le) F'Z2 <Z- }ZW�j` o ZTfX�O� \` KrLi ppJ�1QF¢I1N �OT�QW .W� 4 W t .$.50 5 132028 E N 13tt'22 0 W j i r m " O 1 -05 Nid II � O O� � y ��1 to pe rated � e� pq,ndan' IM °N �3Z21� W N c r G u N Ocl c °s o a ui o i- i OZ yQO.� /f i LZA U4 Cam-. rf U �M W jam•. r F � oW== > �j V� �R a.. �Z«SV�iW WH4�C1 yWy� WOW < G Y z F �yFj}¢3W3 < OV pO� pW 4i;O�Z � Oo70Z0 Ign oY goo J �C;SJ V o ex• z � U� At z��N�JO �-WOa 2 <3 S m =�ymStT �! • F-� V tiff F� zo `y g ¢poo ' Jso }1 NO�oo j �j� V 2=o5 J Z ' OU�J <m ,le) F'Z2 <Z- }ZW�j` o ZTfX�O� \` KrLi ppJ�1QF¢I1N �OT�QW .W� 4 J--O' 00 Town of Nantucket Zoning Board of Appeals RECEIVED BOARD OF ASSESSORS MAY 18 2016 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: George Gray LLC PROPERTYOWNER ....................................... ............................... c/o Sarah F. Alger, P.C., Two South Water Street, Nantucket, MA 02554 MAILINGADDRESS ....................................... ............................... PROPERTY LOCATION...... 55 Union Street 55.1.4/89 ASSESSOR MAP/ PARCEL ................................ ............................... Sarah F. Alger, P.C. SUBMITTEDBY ............................................ ............................... 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). /� '�� . i � pakel�a-,� SSESSOR'S OFFIC TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September 20, 2016 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 25 -16 Current Owner: GEORGE GRAY, 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 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 Two Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 55.1.4, Parcel 89 Book 1458, Page 294 Plan File No. 2014 -92 Residential Old Historic ( "ROH ") 55 Union Street DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, July 14, 2016, at 12:00 noon, in the First Floor Community Room of the Public Safety Facility at Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of George Gray, LLC, in care of Sarah F. Alger, Attorney, Two South Water Street, Nantucket, Massachusetts 02554, File No. 25 -16: 2. The Applicant is requesting relief by Special Permit pursuant to Nantucket Zoning By- law (the "By -law ") §139- 16.C(2) to validate the unintentional intrusion of an addition to the pre- existing, nonconforming dwelling by approximately 0.2 feet into the required side yard setback of five (5) feet. In the course of the rehabilitation, renovation, extension, and alteration of the dwelling pursuant to the Zoning Administrator Decision No. 26 -14, dated December 30, 2014, recorded with Nantucket Deeds in Book 1470, Page 182 (the "ZA Decision "), which work was reasonably based on a licensed survey, an underground cistern was encountered that had the unintended effect of changing the course of the southerly rear wall of the dwelling, causing the southwest corner of the dwelling to be about 0.2 feet (about 2.4 inches) into the required five (5) foot side setback. The Applicant also seeks a clarification of the above - referenced ZA Decision in which it was inadvertently stated that the dwelling is sited approximately 2.4' from the westerly (rear) lot line, when the plan referenced by the ZA Decision actually shows the dwelling to be sited approximately 2' 4" from the line or approximately 2.3'. The Locus is located at 55 Union Street, is shown on Nantucket Tax Assessor's Map 55.1.4 as Parcel 89, and is shown on Plan File No. 2014 -92 recorded with the Nantucket Registry of Deeds. Evidence of owner's title is recorded at Book 1458, page 294. The Locus is situated in the Residential Old Historic ( "ROH ") Zoning District. 3. Our decision is based upon the application and accompanying materials and representations and testimony received at our public hearing. The Planning Board recommendation was that the matter is not of planning concern. There was no opposition, written or oral, presented at the public hearing. 4. The Locus, a corner lot abutting both Union Street and York Street, is a pre- existing, nonconforming lot of record, having lot area of approximately 4,494 square feet where minimum required lot area is 5,000 square feet. The dwelling on the Locus, built circa. 1834, has existing total ground cover of about 1,180 square feet, or 26.3 %, where approximately 2,247 square feet or 50% is allowed. The dwelling is pre- existing, nonconforming as to side and rear setbacks, being sited as close as zero (0) feet from the northerly side yard lot line and as close as about 2.3 feet from the westerly rear yard lot line where the minimum required side and rear yard setbacks are five (5) feet. The dwelling is also pre- existing nonconforming as to height. 5. The Applicant seeks a Special Permit to validate the unintentional side yard setback intrusion of a 2015 addition to the dwelling on the Locus by about 0.2 feet into the required side yard setback of five (5) feet, on the basis that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion and that the siting of the addition was reasonably based upon a licensed survey. As a result of the 2015 addition, which was constructed pursuant to the ZA's Decision in reasonable reliance upon a licensed survey, the pre- existing, nonconforming dwelling, as altered and extended, does not meet the side yard setback requirement of five (5) feet at its southwest corner, having a setback of about 4.8 feet at its closest point. The Applicant explained to the Board that this intrusion resulted when an underground cistern was encountered during construction that had the unintended effect of changing the course of the southerly rear wall of the dwelling, causing the southwest corner of the dwelling to be about 0.2 feet (about 2.4 inches) into the required five (5) foot side setback. The Applicant also seeks a clarification of the ZA Decision in which it was inadvertently stated that the dwelling is sited approximately 2.4' from the westerly (rear) lot line, when the plan referenced by the ZA Decision actually shows the dwelling to be sited approximately 2' 4" from the line or approximately 2.3'. The other dimensional nonconformities (lot area, side and rear setbacks, and height) of the Locus and the dwelling, which predate the 1972 effective date of the By -law, remain unchanged. 6. Pursuant to By -Law §139- 16C(2), the Zoning Board of Appeals is empowered to grant a Special Permit to validate unintentional setback intrusions not greater than five feet into a required yard and not closer than four feet from a lot line, provided that the Board finds that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion and the siting of the structure reasonably based upon a licensed survey. In light of the fact that the intrusion is within the side yard setback and no neighboring property owner objected or raised a concern, no benefit to an abutter from correction of the intrusion is apparent. As noted above, the siting was based upon a survey by a licensed surveyor, and said siting was unintentional due to the discovery and preservation of an old underground cistern. 7. Accordingly, by a UNANIMOUS vote, the Zoning Board of Appeals makes the finding that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion and that the addition was reasonably based upon a licensed survey, and GRANTS the requested relief by SPECIAL PERMIT pursuant to By -Law §139- 16C(2), validating the unintentional side yard setback intrusion of the southwest corner of the dwelling approximately 4.8 feet at its closest point into the required five (5) foot setback, as shown upon the Plot Plan prepared by Emack Surveying, LLC, dated May 27, 2016, a copy of which is attached hereto as "Exhibit A ". The Board further approves a MODIFICATION to the Zoning Administrator Decision No. 26 -14, to clarify that it was inadvertently stated that the dwelling is sited about 2.4' from the westerly (rear) lot line, when the plan referenced by the ZA Decision actually shows the dwelling to be sited about 2' 4" from the line or about 2.3'. GNATURE PAGE FOLLOW 3 Assessor's Map 55.1.4, Parcel 89 Book 1458, Page 294 Residential Old Historic ( "ROH ") Dated: ,2016 Nantucket, ss Plan File No. 2014 -92 55 Union Street ,KAich 1 J. O'Mara erim Kos ac Mark Poor COMMONWEALTH OF MASSACHUSETTS 01 1 On the day o (iV✓AA,&_% , 2016, before me, the undersigned notary public, personally appeared 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 /she signed the foregoing instrument as their free act and deed and voluntarily for the purposes therein expressed. 1W& -4JJ- 1 Official Signature and Seal of Notary Public My commission expires: MSNELL LIC SACHUSETTSt. 28, 2018 q.49' + pRE_pUS HED � pER p11`N DECISION) Z� TV a called Out) 55; Y4, $F AUNCE N/f UFS ESTA� N /f TERESE OT ZO & LOT EW 5 r'a't 12.g5. N /fSES p ANDREA BABRBARA ii ZsvW 2 � ",%NG Yid AC UNIT I 55 UNION��AREET L4494 + SF N f m m 0 N tD (D 3 fi NOTES: 1.) BUILDING DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS WITH RESPECT TO SIDE AND REAR YARD SETBACKS. 2.) SEE ZBA DECISION RECORDED IN DBK 1470, PG 182 CURRENT ZONING: ROH MINIMUM LOT SIZE: 5000 S.F. MINIMUM FRONTAGE: 50 FT. FRONTYARD SETBACK: NONE SIDE AND REAR SETBACK:5 FT. ALLOWABLE G.C.R.: 50% EXISTING G.C.R.: 26.3 +% EXISTING G.C.: 1180+-SF FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. "EXHIBIT A" N W N O yo RK STREET PLOT PLAN TO ACCOMPANY APPLICATION TO ZONING BOARD OF APPEALS IN NANTUCKET, MASSACHUSETTS SCALE: 1"=15' DATE: MAY 27, 2016 DEED REFERENCE: DBK 1458, PG 3216 PLAN REFERENCE: PL NO. 2014 -92 ASSESSOR'S REFERENCE: MAP: 55.1.4 PARCEL: 89 PREPARED FOR: GEORGE GRAY LLC EMACK SURVEYING, LLC 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325 -0940 J -1269 y y yo RK STREET PLOT PLAN TO ACCOMPANY APPLICATION TO ZONING BOARD OF APPEALS IN NANTUCKET, MASSACHUSETTS SCALE: 1"=15' DATE: MAY 27, 2016 DEED REFERENCE: DBK 1458, PG 3216 PLAN REFERENCE: PL NO. 2014 -92 ASSESSOR'S REFERENCE: MAP: 55.1.4 PARCEL: 89 PREPARED FOR: GEORGE GRAY LLC EMACK SURVEYING, LLC 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325 -0940 J -1269 NANTUCK ! TOWN CLERK N 2016 SEP 21 PH 3:20 "" TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September 20, 2016 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 25 -16 Current Owner: GEORGE GRAY, 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 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 Two Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 55.1.4, Parcel 89 Book 1458, Page 294 Plan File No. 2014 -92 Residential Old Historic ( "ROH ") 55 Union Street DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, July 14, 2016, at 12:00 noon, in the First Floor Community Room of the Public Safety Facility at Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of George Gray, LLC, in care of Sarah F. Alger, Attorney, Two South Water Street, Nantucket, Massachusetts 02554, File No. 25 -16: 2. The Applicant.is requesting relief by Special Permit pursuant to Nantucket Zoning By- law (the `By -law ") §139- 16.C(2) to validate the unintentional intrusion of an addition to the pre- existing, nonconforming dwelling by approximately 0.2 feet into the required side yard setback of five (5) feet. In the course of the rehabilitation, renovation, extension, and alteration of the dwelling pursuant to the Zoning Administrator Decision No. 26 -14, dated December 30, 2014, recorded with Nantucket Deeds in Book_ 1470, Page 182 (the "ZA Decision"), which work was reasonably based on a licensed survey, an underground cistern was encountered that had the unintended effect of changing the course of the southerly rear wall of the dwelling, causing the southwest comer of the dwelling to be about 0.2 feet (about 2.4 inches) into the required five (5) foot side setback. The Applicant also seeks a clarification of the above-referenced ZA. Decision in which it was inadvertently stated that the dwelling is sited approximately 2.4' from the westerly (rear) lot line, when the plan referenced by the ZA Decision actually shows the dwelling to be sited approximately 2' 4" from the line or approximately 2.3'. The Locus is located at 55 Union Street, is shown on Nantucket Tax Assessor's Map 55.1.4 as Parcel 89, and is shown on Plan File No. 2014 -92 recorded with the Nantucket Registry of Deeds. Evidence of owner's title is recorded at Book 1458, page 294. The Locus is situated in the Residential Old Historic ( "ROH ") Zoning District. 3. Our decision is based upon the application and accompanying materials and representations and testimony received at our public hearing. The Planning Board recommendation was that the matter is not of planning concern. There was no opposition, written or oral, presented at the public hearing. 4. The Locus, a corner lot abutting both Union Street and York Street, is a pre - existing; nonconforming lot of record, having lot area of approximately 4,494 square feet where minimum required lot area is 5,000 square feet. The dwelling on the Locus, built circa. 1834, has existing total ground cover of about 1,180 square feet, or 26.3 %, where approximately 2,247 square feet or 50% is allowed. The dwelling is pre - existing, nonconforming as to side and rear setbacks, being sited as close as zero (0) feet from the northerly side yard lot line and as close as about 2.3 feet from the westerly rear yard lot line where the minimum required side and rear yard setbacks are five (5) feet. The dwelling is also pre - existing nonconforming as to height. 5. The Applicant seeks a Special Permit to validate the unintentional side yard setback intrusion of a 2015 addition to the dwelling on the Locus by about 0.2 feet into the required side yard setback of five (5) feet, on the basis that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion and that the siting of the addition was reasonably based upon a' licensed survey. As a result of the 2015 addition, which was constructed pursuant to the ZA's Decision in reasonable reliance upon a licensed survey, the pre- existing, nonconforming dwelling, as altered and extended, does not meet the side yard setback requirement of five (5) feet at its southwest corner, having a setback of about 4.8 feet at its closest point. The Applicant explained to "the Board that this intrusion resulted when an underground .cistern was encountered during construction that had the unintended effect of changing the course of the southerly rear wall of the dwelling, causing the southwest corner of the dwelling to be about 0.2 feet (about 2.4 inches) into the required five (5) foot side setback. The Applicant also seeks a clarification of the ZA Decision in which it was inadvertently stated that the dwelling is sited. approximately 2.4' from the westerly (rear) lot line, when the plan referenced by the ZA Decision actually shows the dwelling to be sited approximately 2' 4" from the line or approximately 2.3'. The other dimensional nonconformities (lot area, side and rear setbacks, and height) of the Locus and the dwelling, which predate the 1972 effective date of the By -law, remain unchanged. 6. Pursuant to By- Law §139- 16C(2), the Zoning Board of Appeals is empowered to grant a Special Permit_ to validate unintentional setback intrusions not greater than five feet into a required yard and not closer than four feet from a lot line, provided that the Board finds that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion and the siting of the structure reasonably based upon a licensed survey. In light of the fact that the intrusion is within the side yard setback and no neighboring property owner objected or raised a concern, no benefit to an abutter from correction of the intrusion is apparent. As noted above, the siting was based upon a survey by a licensed surveyor, and said siting was unintentional due to the discovery and preservation of an old underground cistern. 7. Accordingly, by a UNANIMOUS vote, the Zoning Board of Appeals makes the finding that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion and that the addition was reasonably based upon a licensed survey, and GRANTS the requested relief by SPECIAL PERMIT pursuant to By -Law §139- 16C(2), validating the unintentional side yard setback intrusion of the southwest corner of the dwelling approximately 4.8 feet at its closest point into the required five (5) foot setback, as shown upon the Plot Plan prepared by Emack Surveying, LLC, dated May 27, 2016, a copy of which is attached hereto as `Exhibit A ". The Board further approves a MODIFICATION to the Zoning Administrator Decision No. 26 -14, to clarify that it was inadvertently stated that the dwelling is sited about 2.4' from the westerly (rear) lot line, when the plan referenced by the ZA Decision actually shows the dwelling to be sited about 2' 4" from the line or about 2.3'. SIGNA K P G LLQWS 3 Assessor's Map 55.1.4, Parcel 89 Book 1458, Page 294 Residential Old Historic ( "ROH") Dated: ,2016 Nantucket, ss Plan File No. 2014 -92 55 Union Street erim Koset ac Mark Poor . COMMONWEALTH OF MASSACHUSETTS On the !/(/ _ day o GW✓� , 2016, before me, the undersigned notary public, personally appeared 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 /she signed the foregoing instrument as their free act and deed and voluntarily for the purposes therein expressed. Official Signature and Seal of Notary Public My commission expires: LESLIE WOODSON SNELL NOTARY PUBLIC COMMONWEALTH OF MASSACHUSETTS R) Comm. Expires Sept 28, 2018 4 T0%A1N CLEF"` 2016 OCT 14 PM 3: 35 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 MEMORANDUM Date: October 14, 2016 To: Town Clerk From: Eleanor Weller Antonietti, Zoning Administrator Re: Zoning Board Decision #25 -16— TECHNICAL CORRECTION The above referenced ZBA Decision regarding 55 UNION STREET, filed with the Town Clerk on September 21, 2016, requires minor modification to replace the incorrect "Exhibit A" with the correct Plot Plan attached herewith. This minor modification will neither effect the content of the relief contained in the decision nor the completed appeal period. Please replace the incorrect "Exhibit A" filed with the decision on September 21st with the correct "Exhibit A" submitted herewith to be recorded as the final page of the Special Permit Decision. Thank you. Eleanor W. Zoning Administrator COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the 14"N day of QGZG , 2016, before me, the undersigned notary public, personally appeared R , 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 inst ent voluntarily for e purposes therein expressed. DORIS C. STRANG Notary Public Massachusetts ffi ial Signature an Seal of No y Public = °�rr,.� Commission Expires Oct 9, 2020 My commission expires: c 202—C' 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile 55.1.4 -87 ONCE N IF M FEYESTA� 4.49 .P cD 55.1.4-58 N �F TEREE`uOT ' & Zouol 53A / / s1 � 2 1 /�-I t It raO 11 \ � AC UNiT 2.951 �I 5-1.4 —m NgFSES p Atg)? BABRSARA I 55 UNION STET L44,ggE'A= 94 + 5F (n CD CD f O O co � 3 m NOTES: 1.) BUILDING DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS WITH RESPECT TO SIDE AND REAR YARD SETBACKS. 2.) SEE ZBA DECISION RECORDED IN DBK 1470, PG 182 \ �k ADDITIONAL NOTE: ZBA DECISION NOTED _ ABOVE STATES THAT THE DWELLING IS SITED 2.4' FROM THE WESTERLY (REAR) LOT LINE. HOWEVER THE PLAN REFERENCED BY THE DECISION ACTUALLY SHOWS THE BUILDING SITED 2' -4" FROM THE LINE, WHICH IS 2.3' ±. • - kN Of Mao_ CURRENT ZONING: ROH A. MINIMUM LOT SIZE: 5000 S.F. ° EMACK MINIMUM FRONTAGE: 50 FT. Na 3T730 FRONTYARD SETBACK: NONE �sfc+sTit SIDE AND REAR SETBACK:5 FT. ALLOWABLE G.C.R.: 50% EXISTING G.C.R.: 26.3 ± % EXISTING G.C.: 1180 ±SF FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. coo 50.49. Y ORK STREET Corrected "EXHIBIT A" N cz O N 0 � y txl y PLOT PLAN TO ACCOMPANY APPLICATION TO ZONING BOARD OF APPEALS IN NANTUCKET, MASSACHUSETTS o SCALE: 1 " =15' DATE: MAY 27, 2016 DEED REFERENCE: DBK 1458, PG 3216 PLAN REFERENCE: PL NO. 2014 -92 ASSESSOR'S REFERENCE: L--MAP: 55.1.4 PARCEL: 89 PREPARED FOR: GEORGE GRAY LLC EMACK SURVEYING, LLC 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325 -0940 J -1269