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Home My WebLink About35-16 8 Old North WharfFee: $450.00 TOWN OF NANTUCKET BOARD • NANTUCKET, MA 02554 APPLICATION File No. 35-46 Owner's name(s): Harvey C. Jones, Jr., Trustee of Eight Old North Wharf Nominee Trust c/o Reade, Gullicksen, Hanley & Gifford, LLP, Mailing address: _6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584 Phone Number: 508 - 228 -3128 E -Mail: wag @readelaw.com Applicant's name(s): Same Mailing Address: Same Phone Number: Same E -Mail: Same Locus Address: 8 Old North Wharf Assessor's Map /Parcel: 42.3.1 -20 Land Court Plan /Plan Book & Page /Plan File No.: Lot B -1, Land Court Plan 10169 -B Deed Reference /Certificate of Title: 25,811 Zoning District RC Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwellings One Duplex Apartments Date of Structure(s): all pre -date 7/72 Yes or Building Permit Numbers: 2731 -83, 8765 -92, 1251 -06 and 301 -07 Previous Zoning Board Application Numbers- 070 -05 ro 0 a w w N N E2 -v ry 0 --i z oD *z z —4 �c:: r n M ;VM Ai 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile N' O C7 m +� C M p IQ t.s M a O A .a - a CD w in 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: The applicant is seeking a Special Permit under Nantucket Zoning By -Law Secton 139- 33.A(2). The applicant is proposing to alter the pre- existing nonconforming two -story single - family dwelling by enclosing the existing latticed porch. The building footprint will not change. 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. Harvey C. Jones, Trustee of Eight Old North Wharf SIGNATURE: Nominee T[4.5t Owner* X,"' �° / / /ppr /Attorney /Agent* SIGNATURE- Whitney A. Gifford *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:_ /_ /_ By: Complete: Need Copies: Filed with Town Clerk:_ /_ /_ 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with Town Clerk:–/–/— Mailed:—/—/— I &M_ /_ /_ &_ /_ /_ Hearing(s) held on:—/—/— Opened on :_ /_ /_ Continued to:—/—/— Withdrawn:—/—/— Decision Due By:—/—/— Made:_ /_ /_ Filed w /Town Clerk:_ /_ /_ Mailed:_ /_ /_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone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 i own ana Louniy or NanrucKer, IAA �)epremoer y, Lulq r, Subdivision of shiown ion plans {10223A 69A 101693 Filed-with Corte. of Title Nos. 1lot B and part of land = 1502 & 1617 Registry District of Nantucket County LAND IN NANTUCKET Oct. 10, 1940 William F. Swift, Surveyor. Leila L. Carlisle S. 16'- 06L,30° E LX.J. /Z 60Z.15 34.00 A W. 38319.369 MAX 99 S. /d 06 =30 "E. -/0 3 ep /7 M. Price Separate certifiqafas of t/Y/e may be issued for.-Idis. BI-B.Z d-6 shown he .2)2 By the Cot/110 Jai2.10J9.41. Recorder H. C. T. t, ko el Q) Z� 1, sz N::. Q, JN O N C CO O LO L'j A 12856. so W, CPPY oF aH orplan fd I ,. 11 - I LAND REGISTRATION OFFICE NOV 13, 1940 - - - SCO/e Of this plan 6 feet. to MAX 99 S. /d 06 =30 "E. -/0 3 ep /7 M. Price Separate certifiqafas of t/Y/e may be issued for.-Idis. BI-B.Z d-6 shown he .2)2 By the Cot/110 Jai2.10J9.41. Recorder H. C. T. t, ko el Z� 1, sz N::. JN O N C CO O L'j A 12856. so W, CPPY oF aH orplan fd I ,. 11 - I LAND REGISTRATION OFFICE NOV 13, 1940 - - - SCO/e Of this plan 6 feet. to an inch C'91'umphrey' fng;�Fr7src."'I" o n. /Sox N WB OW NORTH NIMr s7Rff7- PLAN OF LAND IN NANTUCKET Scale 5,feet to an inch •OCTOBER 1928• I.Tilliam F. Swift, Surveyor NA ff Y U CK-E T EAR -B OR zaa Z. cd,1w, �AgF oL� NOTES: A ~ 1.) LOT DOES NOT CONFORM TO CURRENT ZONING EMU ACK Na 37730 0� TO LOT AREA AND REQUIRE FRONTAGE �"FS� �fC�STEU. RESPECT MINIMUM �i 2.) STRUCTURE DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS WITH RESPECT TO SIDE YARD SETBACK A AND ALLOWABLE GROUND COVER R RATIO. JUL 2 g 2013) m MHW AS DETERMINED BY 2003 NOS NANTUCKET TIDAL - -- m RESPECT TO ZONING. a J a x / Cory & 1st aeck 3 29 05 o? '421S064EL`C Zdwepin91WHPRF N/ / �ORTM N o 8 O10 f ✓ ... ::::;: :::::.::: .:•:. :.. 3 ti',�9 ' NNE •'•'•'. /LOT B -1 0 L.C. PL 13194 B 877± SF ** CD :' :42. •NAP .. .. NP :. D X t4 x 2a� 8,h2 k 122' Zed StoCY deo \ :..::.::...... deck d�iade �AgF oL� NOTES: A ~ 1.) LOT DOES NOT CONFORM TO CURRENT ZONING EMU ACK Na 37730 0� TO LOT AREA AND REQUIRE FRONTAGE �"FS� �fC�STEU. RESPECT MINIMUM ANAI 2.) STRUCTURE DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS WITH RESPECT TO SIDE YARD SETBACK LAWS AND ALLOWABLE GROUND COVER R RATIO. / 3.) * *LOT SHOWN ON L.C. PL. 10169 -B IS LOCATED BELOW MHW AS DETERMINED BY 2003 NOS NANTUCKET TIDAL DATUM AND AS SUCH, MAY HAVE NO LOT AREA WITH RESPECT TO ZONING. 4.) DWELLING APPEARS TO BE SHOWN ON LC PLAN 10169 —A DATED IN 1928. 5.) LC PLAN 10169 —B CREATING LOT B -1 IS DATED IN 1940. CURRENT ZONING: RC MINIMUM LOT SIZE: 5000 SF MINIMUM FRONTAGE: 40 FT FRONTYARD SETBACK: NONE SIDE AND REAR SETBACK: 5 FT ALLOWABLE G.C.R.: 50% EXISTING G.C.R.: 71% +- ** EXISTING G.C..: 620 SF _+ (not including porch enclosed w/ lattice) 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. N.B. 14/132 AS —BUILT PLOT PLAN IN NANTUCKET, MASSACHUSETTS SCALE: 1 " =10' DATE: JULY 29, 2015 DEED REFERENCE: LC CERT.# 14,452 PLAN REFERENCE:LC PL 10169 —B ASSESSOR'S REFERENCE: MAP: 42.3.1 PARCEL: 20 PREPARED FOR: JOHN P. DUNFEY, TR. EMACK SURVEYING, LLC 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 508 - 325 -0940 J -766 CERTIFICATE NO: Application to the HISTORIC DISTRtCTCOMMISSION, Nantucket, Massachusetts,Dfora ISSUED: /b CERTIFICATE OFAPPROPRIATENESS for s"ctural.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 othersido 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,Certif Bate of Appropriateness under Chapter 395 of the Acts and Resolves of Mass., 1970, for proposed work as described herein and omplans, drawings and photographs accompanying this application and made a part hereof by reference. jl The certificate is valid for three years from date of issuance. No structure may d ffer from the approved application. Violation may impede issuance of Certificate of F R Fl USE ONLY Occupancy. PROPERTY DESCRIPTION Date apps cation received: 11 f �i Fee Paid: 25� TAX MAP N°: PARCEL No. Zo Must be acted on by: Sheet & Number of Proposed Work: c h-J.4_ c Extended to: Owner of record: e1,r, -(-r SE Approved: Disapproved: Mailing Address: Z--- Chairman: S2_ ire A 941 ^9 Member, Contact Phone #., E-mail: Member: - t AGENT INFORMATION (if applicable) Member: 1 i Name: I Member, Mailing Address: IS Notes - Comments - Restrictions- Conditions te NI Contact Phone #. Z z ICI _ E mad: - _ , �• DESCRIPTION OF WORK TO BE PERFORMEF v See reverse for required'documentation: New Dwelling oAddition ❑ Garage �1❑ Driveway /Apron ❑ Commerclaf ❑ Historical. Renovallon 11 Deck/Patio ❑ Steps ❑ Shed C Color Change ❑Fence C1 Gate C1 Hardscaping` ' ❑ Move Building El E Demolition Revisions to previous Cert. No, G'S 1� f ❑ Pool (Zoning District t ❑ Roof . ❑Other Size,of Structure or Addition: Length: Sq. Footage 1st floor: Decks/Patio: Size: ❑ 1st floor C 2nd floor Width: Sq. footage 2nd floor: Size: ❑ lstfloor ❑ 2nd floor. Sq. footage 3rd floor. Difference between existing grade and proposed finish grade: North /South East West Height of ridge above final finish grade: North ` South East t West Additional Rpmarke y . , , Historic Name: REVISIONS* '. 1 East Elevation C LeiCsL cfl rneeo o 2r H _ L , cS uAZ t� dF _1 (� .. -[-t St -•� Original Datav = V � We Original Builder - 3 st Elevation , � c -\ c k;`' r. -- ' Is there an HDC survey form for this building attached? ❑,Yes C1 NIA 4 North Elevation 9-- i z., �x s }• -� ct �� 'Clqud on drawings and submit photographs of existing elevations. Foundation: He ht Ex sed DETAIL OF WORK TO BE PERFORMED g Po ❑Black ❑ Block Parged , ❑Brick (type) ❑ Poured Concrete ❑Piers Masonry Chimney ❑ Block Parged ❑ Brick (type) ❑ Other Roof Pitch: Main Mass _ 12 Secondary Mass. /1 2 Dormer__/12 Other Roofingmaterial- ❑Asphalt: C3 -Tab CArchitectural - ❑ Wood (Type: Red Cedar White Fence: Height: `Cedar, Shakes, etc.) , ' Type: Length: j Skylights (flat only): Manufacturer Rough Opening +I Size Manufacturer Location Rough Opening Size Location Gutters: 13 Wood ❑Afuminum ❑Copper ❑ Leaders (material) Leaders (material and size): Sldewatl: ❑ White cedar shingles ❑ Clapboard (exposure: inches) Front ❑ ❑ Cl other Side Trim: A Wood ❑ Pine ❑ Redwood ❑ Cedar ❑ Other B. Treatment ❑ Paint ❑ Natural to weather ❑ Other C. Dimensions: _ Fascia Rake Soffit (Overhang) Corner boards Frieze Window Casing Door Frame. Columns /Pasts: Round Square Windows': ❑ Double Hung ❑ Casement Q All Wood ❑ Other ❑True Divided Lights(muntins), single pane ❑ SDUS- (Simulated Divided Lights) Manufacturer. Doors* (type and material): ❑ TDL ❑SDL Front Rear . Garage Door(s): Type Side Hardscape materials: Driveways Walkways Note: Complete door and window schedules are required Walls COLORS rdewall T Claphoard (if applicable) Trim Roof Sash . .. Doors Deck Foundation Fence Shutters 'Attach manufacturer's color samples if dolor is not from HOC .approval list. I hereby authorize the agent named above to act on my behalf to make changes in the *cifications nhe pidns contained in this application in order to bring the applica- tion into compliance with the HOC guidelines. I hereby agree to abide by and co ply 'th the to conditions of this application. I hereby agree that the submission of any revisions to this application will initiate a new sixty -day review period. /: Date Signature of owner of record 1l L ' 7 _ �� 1 .. ..i •{ _ _ / - ,�. _ _ _ Signed under penalties of pequry � / � - 07190190 :mlya � / � - vw jz-jcn3upN �UX,M: ;AJTXf"ll � LOA ifl�j PLqm 141-101,NZ PIO 9 ,i: N VD111-.1 �N� 0' 1', 9 1 i'lli iflil ql�l�rl-1150N q0fJV GN011YA31A R LLJ IEHI LLI io M-M I a R ui SoI F all, SJA7,� �)U 'JAX)�N UIIV,."� IPjOK PIO 9 91 llfl� GNOUVA211 X3SS3 9HI :GNOIGIAMI z LLI 'l,", L H:H Iwo LU MI ZD IV Tc, 9 9 :GNOIGIA�3� =2/1:3�V3G GIIV130 ll:Djo-rL3uutq FmWA 113-11ON PIO s -XISSEI YH C5 I L.j '12 Ll j LL1 W- I L - - - - - - - - - - - - - - - - - - - - - - 2: m LL :z U t TOWN OF NANTCKE'I cart: II win.w. ivrerzws m.13ai BARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: 0LAJP6WY_ Z(p , 20067- To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 010- oS- Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in 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 an complaint in 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 be received w in such TWENTY (20) days, wa(Ml t, Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY -LAW §139 -30I (SPECIAL PERMITS); §139 -32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. 114200 NANTUCKET BOARD OF APPEALS I East Chestnut Street Nantucket, Massachusetts 02554 Map 42.3.1 8 Old North Wharf Parcel 20 Land Court Plan 10169 -B, Lot B -1 R -C Certificate of Title 14,452 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 p.m., Friday, October 14, 2005 in the Conference Room of the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the JOHN P. DUNFEY AS TRUSTEE OF JOHN P. DUNFEY NOMINEE TRUST, 230 Commerce Way, Suite 300, Portsmouth, NH 03801, Board of Appeals File No. 070 -05, the Board made the following Decision: 1. Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By -law Section 139 -33A (alteration/expansion of a pre- existing, non - conforming use/structure). Applicant is proposing to alter the pre- existing, nonconforming two -story single - family dwelling by replacing the existing foundation with a new pile foundation substantially in its original location though the exact placement in relationship to the lot lines may be slightly altered. Therefore, Applicant further request VARIANCE relief from the provisions of Section 139 -16A to remove the structure and remaining dock from the Locus and replace it back on its new foundation substantially in its original location. if available, the building would be temporarily relocated and stored on the solid filled portion of Old North Wharf. The building floor to ridge height is not changing and will remain about 27 feet. The first floor height is changing from about seven feet above mean low water to about 9.6 feet above mean low water, or a total of about three feet. At the highest point, the overall height would be 30 feet, and which is the maximum allowed under the Zoning By -Law. There would be no expansion of the structure as a result of this project. The Locus is non - conforming as to Lot size, with the Lot containing about 877 square feet of area, in a district that requires a minimum lot size of 5,000 square feet; as to frontage, with the Lot having about 28.5 feet of frontage along Old North Wharf, in a district that requires a minimum frontage of 40 feet; as to ground cover ratio, with the lot containing about 69 %, with the maximum allowed of 30 %; as to side and rear yard setbacks, with the structure being sited less than five feet from all side yard and rear yard lot lines in a district that requires a minimum of five feet; and as to parking, with the lot not providing any on -site parking spaces, and with none planned as part of this project. The existing second story deck on Old North Wharf side of the structure would remain, and the fast floor deck would be cut back and steps added to accommodate the increase in first floor height above grade and both decks would remain partially situated within the layout of Old North Wharf and not contained entirely within the property boundary lines. The Premises is located at 8 OLD NORTH WHARF, Assessor's Map 42.3.1, Parcel 20, Land Court Plan No. 10169 -B, Lot B -1. The property is zoned Residential - Commercial. 2. This Decision is based upon the Application and materials submitted with it, along with the testimony and evidence presented at the hearing. The Planning Board made no recommendation, as the matter was not of planning concern. There was no opposition to this Application expressed at the hearing or in letters. There were two letters on file in support. One letter was from an abutter to the west who stated that replacing the pilings under the dwelling and raising the cottage to meet flood plain 114200 requirements would benefit the entire wharf area as "[i]n a storm event every bit of loose debris can cause damage to other property, so all of us on the wharf will benefit from this being done." She also had no objection to the structure being temporarily relocated to an area on the wharf in front of her property at 4 OId North Wharf so long as fire access and other safety concerns were addressed. The president of the Old North Wharf Cooperative, Inc. also submitted a letter in support and granted permission to temporarily place the structure "in the roadway of Old North Wharf while the work is being accomplished" subject to an agreement made between the owner and the Cooperative. In reference to the existing overhanging balcony and deck that are currently located partially on the wharf and not entirely on the Applicant's property the letter stated that the Cooperative "is willing to enter into a revocable license with the Dunfey's to rectify the situation if they so desire" or in the alternative require removal of the encroachments. 3. Applicant, through his representative, stated that the neighboring properties at 4 and 10 Old North Wharf, as well as at 6 Old North Wharf the subject of relief granted earlier in this same meeting, had received similar relief from this Board in the past two years for a similar scope of work. As was the case in those earlier Applications, there was a need to stabilize this single - family dwelling and replace the deteriorating piling system that supported the house over Nantucket Harbor and partially on dry land, to bring it up to flood plain requirements as the structure had been flooded on several occasions. Applicants also proposed to renovate the dwelling as part of the project. The project would entail moving the house off of the Locus to a designated temporary location on Old North Wharf in order to replace the rotting pilings, after which the house would be placed back substantially in its present location. However, the structure may be shifted slightly in order to place it back on new pilings and Variance relief had been asked for to validate said re- siting should the structure be placed closer to a lot line than currently situated. The current ridge height of the structure was about 27 feet and the new height would be no higher than 30 feet above the solid fill Old North Wharf, with the maximum height allowed of 30 feet for this district. The overall height of the structure itself would not be increased as a result of the placement of new pilings. There has historically been no parking provided on site and none is planned as a result of this project. 4. Therefore, based upon the foregoing, the Board finds that raising of the overall height of the single - family dwelling within the required setback areas, without altering the actual ridge height of the structure itself, to no higher than 30 feet above mean grade on dry land, and allowing the temporary relocation and replacement back on the Locus, to enable the placement of the new pilings to meet the flood plain requirements, would not be substantially more detrimental to the neighborhood than the existing nonconforming situation. In addition, the Board finds that there would be little negative impact upon this thickly settled mixed -use neighborhood, especially as the structure would be sited substantially in the same location as it presently exists, and that owing to the soil conditions, shape and topography of the Locus (specifically, location over the harbor and topography of the lot and structure) and especially affecting the Locus but not affecting generally the Residential- Commercial zoning district within which it is situated, a literal enforcement of the provisions of the Zoning By -law would involve substantial hardship to the Applicant, place the structure in danger of further flooding, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By -law. The Board further finds that it has no jurisdiction over alteration or expansion of any portion of the balcony or deck/steps that may be located outside of the Premises' lot lines due to the increase in height of the structure to meet the flood plain requirements and such details had to be worked out with the owner of Old North Wharf. This Decision expressly does not 114200 prohibit such an agreement to work on those parts of the structure outside the lot lines or sanction alteration of those parts of the structure outside of the lot lines. In addition, the Board finds that the lack of on -site parking is grandfathered and would remain grandfathered for the single - family dwelling. 5. Accordingly, by a UNANIMOUS vote, the Board hereby GRANTS the SPECIAL PERMIT relief under Nantucket Zoning By -law Section 139 -33A to increase the overall height of the structure above mean grade on dry land within the required setback areas, in order to replace the pilings, involving the temporary storage of the structure on Old North Wharf; and VARIANCE relief under Section 139 -16A to remove the structure and replace it back on its new foundation substantially in its original location, allowing the slight variation of the setback distances. Relief is hereby conditioned upon the following: a. The structure shall not exceed the maximum height above mean grade on dry land of 30 feet; b. No exterior work associated with this project shall be permitted from May 15 to October 15 of any given year; and C. The re- siting of the structure shall be done in substantial conformance with the "Plot Plan", done by Emack Surveying, dated October 10, 2005, a reduced copy of which is attached hereto as Exhibit A. The Board hereby acknowledges that Variance relief has been granted to allow for slight variations in the relocation of the structure on the Lot that would not strictly be in conformance with Exhibit A, with a slight shift in setback differences due to the site anomalies. Dated: October 2�0, 2005 NOV 1.6 2005 t. TIES ?. A'CRUir,GOPY �;KETTOWIN CLERK -ale Waine Nancy J. Se / Davi4Riley Koseatac Edward Murphy .J N m 9 BUILDING TO BE LIFTED = ON TO NEW PILE FOUNDATION 1st iX 2a cK tort 2g 0� wlrl 2 uG lure S tr10R'fNi ter• 1lmber bulkhead 114200 laARBpR n t9= �F PL 13194 - Q'7-,+ / c S. 'o p Z •� 2ck qnd gto�Y d�ok d —ems / Porc1+ TK ��AgF OLD NOTES: 1.) LOT DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS WITH RESPECT TO LOT AREA AND MINIMUM FRONTAGE. 2.) STRUCTURE DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS WITH RESPECT TO SIDE YARD SETBACK AND ALLOWABLE GROUND COVER RATIO. 3.) . *LOT SHOWN ON L.C. PL, 13194 -A IS LOCATED BELOW MHW AS DETERMINED BY 2003 NOS NANTUCKET TIDAL DATUM AND AS SUCH, MAY HAVE NO LOT AREA WITH RESPECT TO ZONING. 4•) STRUCTURES ARE BUILT ON PILES. CURRENT ZONING: RC MINIMUM LOT SIZE: 5000 SF MINIMUM FRONTAGE: 40 FT FRONTYARD SETBACK: NONE SIDE AND REAR SETBACK: 5 FT ALLOWABLE G.C.R.; 50% EXISTING G,C.R.: 717. ± ** EXISTING G.C..: 621 SF + (not including porch enclosed w/ lattice) 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. N.S. 14116 PLOT PLAN TO ACCOMPANY APPLICATION TO ZBA IN NANTUCKET; MASSACHUSETTS SCALE: 1 " =10' DATE: OCT. 10, 2005 DEED REFERENCE: LC CERT.y 14,452 PLAN REFERENCE:LC PL 10169 -8 ASSESSOR'S REFERENCE: MAP: 42.3.1 PARCEL: 20 PREPARED FOR: JOHN P. DUNFEY, TR. EMACK SURVEYING 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 508 -325 -0940 J -766 `10gRQ oF�gFi`Fo sSFSSO�s Town of Nantucket �ANT�C Fop 1 Mq Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: 140CV C. �ar,c$, Jr. e -T,- s-tte- of PROPERTYOWNER............ ...................... .................:............. W1n�f f W n cc. MAILING ADDRESS..,,,c /o Reade, . Gullicksen, Hanley.& Gifford, LLP ' ?rus.k PROPERTY LOCATION.......d ASSESSOR MAP/PARCEL.... �'.2 ... 3... ....:..2 � ............................. 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N m O N W m BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: November 14, 2016 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 35 -16 Current Owner: HARVEY C. JONES, JR., Trustee of EIGHT OLD NORTH WHARF NOMINEE TRUST Property Description 8 Old North Wharf Map 42.3.1 Parcel 20 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 42.3.1, Parcel 20 8 Old North Wharf Residential Commercial (RC) DECISION: Certificate of Title No. 25811 Land Court Plan 10169 -B Lot B -1 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, October 13, 2016, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of HARVEY C. JONES, JR., Trustee of EIGHT OLD NORTH WHARF NOMINEE TRUST, c/o Reade, Gullicksen, Handley, & Gifford, PC, 6 Young's Way, PO Box 2669, Nantucket, Massachusetts 02584, File No. 35 -16: 2. Applicant is seeking Special Permit relief pursuant to Zoning By -law Section 139 - 33.A(2) to allow an increase in the pre- existing nonconforming ground cover ratio upon the pre- existing nonconforming locus. In the alternative, and to the extent necessary, applicant requests Variance relief pursuant to Section 139 -32 for a waiver of the ground cover ratio provisions in Section 139 -16. Applicant is proposing to alter the pre- existing nonconforming single family dwelling by enclosing an existing porch without any change to the structure's footprint. The Locus is nonconforming as to lot size and frontage and the dwelling is non - conforming with respect to rear and both side yard setbacks. The Locus, an undersized lot of record, is situated at 8 Old North Wharf, is shown on Assessor's Map 42.3.1 as Parcel 20, as Lot B -1 upon Land Court Plan 10169 -B. Evidence of owner's title is registered on Certificate of Title No. 25811 at the Nantucket County District of the Land Court. The site is zoned Residential Commercial (RC). 3. Our decision is based upon the application and accompanying materials, representations, and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. There was no opposition, written and oral, presented at the public hearing. 4. The locus was granted prior relief by Special Permit and Variance in 2005 (Board of Appeals No. 070 -05, registered at Document No. 114200 at the Nantucket County District of the Land Court) to allow renovation and the lifting and repositioning of the structure on a new pile foundation in order to comply with applicable flood plain requirements. The Locus is pre- existing nonconforming as to lot size, having an approximate lot area of 877 square feet in the Residential Commercial zoning district where the minimum lot size is 5,000 square feet, as to frontage having approximately 28.42 feet of frontage where a minimum of forty (40) feet is required, and as to parking with no on -site parking provided. The single family two story dwelling is pre- existing nonconforming as to both side and rear yard setbacks (with portions of the structure lying outside of the front and rear lot lines), and as to ground cover, having a ground cover ratio of 71 % where the maximum allowable is 50 %. 2 5. Attorney Whitney Gifford and architect Milton Rowland represented the Applicant at the hearing. Applicant is seeking Special Permit relief to allow the enclosure of an existing porch which will increase the pre- existing nonconforming ground cover ratio but will not alter the footprint of the structure. Specifically, applicant seeks relief pursuant to Section 139- 33.A(2) which reads: An extension, alteration, or change to an existing structure or a new structure that will result in an increase in the pre- existing nonconforming ground cover ratio of a lot may be allowed through issuance of a special permit, provided that the special permit granting authority makes the following findings: a) The increase in ground cover ratio will not be substantially more detrimental to the neighborhood than the existing nonconformity; b) The resulting ground cover ratio is consistent with the character of the surrounding neighborhood; and c) The extension, alteration, or change to the existing structure or the new structure is conforming to other dimensional requirements of this chapter. The alterations will increase the pre- existing nonconforming ground cover ratio from the existing 71% to a proposed 78 %, all as shown on the plan entitled, "Plot Plan to Accompany Application to the ZBA Nantucket, Massachusetts ", dated October 18, 2016, and prepared for the Harvey C. Jones, Jr., Trustee, by Emack Surveying, LLC (Site Plan), a copy of which is attached hereto as "Exhibit A ". The project benefits from Nantucket Historic District Commission approval by virtue of Certificate of Compliance No. 65974, as the same may be amended from time to time. 6. After hearing testimony from the applicant's representatives, the Board determined that the enclosure of the existing latticed porch area would increase the pre- existing nonconforming ground cover by an additional sixty (60) square feet. The Board discussed how the proposed work could be found to satisfy the criteria in By -law Section 139- 33.A(2), specifically subsection 139- 33.A(2)(c), cited above. The eastern elevation of the dwelling where the existing porch is located is shown to be sited as close as 1.9' from the easterly side yard lot line where a five (5) foot side yard setback distance is required. 7. Three members of the sitting Board made a finding that the proposed project could be allowed given that the additional square footage is resulting from enclosure of the existing porch and not from an alteration or expansion of the footprint which would increase the setback intrusion, and based upon the uniqueness of the property, the consistency with the surrounding area along Old North Wharf, and the lack of room anywhere else upon the premises to allow for this de minimis expansion of living area. The remaining two sitting members found that the criteria in Section 139- 33.A(2)(c) are not satisfied due to the increase of living space within the setback area. 8. A MOTION was made and duly seconded to grant the SPECIAL PERMIT for the relief sought by the Applicant pursuant to Zoning By -law Section 139- 33.A(2) based on the finding that the proposed alteration would not be substantially more detrimental to the neighborhood, that the resulting ground cover is consistent with the character of the surrounding 3 neighborhood, and that the pre- existing nonconforming setbacks will not be made worse by the proposed alteration. 9. The MOTION DID NOT CARRY by virtue of a vote of 3 in favor, 2 opposed. Therefore, the Board DENIES the request for relief by SPECIAL PERMIT pursuant to Massachusetts General Law Chapter 40A, Section 9 and Nantucket Zoning By -law Section 139 - 30.E(3). SIGNATURE PAGE TO FOLLOW 4 Assessor's Map 42.3. 1, Parcel 20 8 Old North Wharf Residential Commercial (RC) Dated: L j I t p , 2016 Nantucket, ss Certificate of Title No. 25811 Land Court Plan 10169 -B Mick el 9-IMara Kerim Koseatac COMMONWEALTH OF MASSACHUSETTS Lot B -1 On the 10� day of ovew,,b a' , 2016, before me, the undersigned notary public, personally appeared To� , one of the above -named members of the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he /she signed the foregoing instrument voluntarily for the„ purposes therein expressed. 1 Ec, DORIS C. STRA NG otary Public: i Notary Public M Commission Ex ires: �- Massachusetts 5 1T �-� Commission Expires Oct 9, 2020 5 0 z s a J —'9 N/F ww' `ac "EXHIBIT A" gAgBoR '0 03co Z a 19� o- 1st & deC to{Y r m' f r' z8' ZiS• deck story 2nd o eck n del-v- d9tode oL� � NOTES: E 1.) LOT DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS WITH RESPECT TO LOT AREA AND U'C aWeU�� p,FtF .m.. m N/F SE OR o mss / 3.) * *LOT SHOWN ON L.C. PL 10169 -B IS LOCATED BELOW a. L ,LOT B -1 RESPECT TO ZONING. C. PL 13194 —B 4.) DWELLING APPEARS TO BE SHOWN ON LC PLAN 10169 -A DATED IN 1928. 5.) LC PLAN 10169 -B CREATING LOT B -1 IS DATED IN 1940. r m' f r' z8' ZiS• deck story 2nd o eck n del-v- d9tode oL� � NOTES: E 1.) LOT DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS WITH RESPECT TO LOT AREA AND $; MINIMUM FRONTAGE. 11 2.) STRUCTURE DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS WITH RESPECT TO SIDE YARD SETBACK mss AND ALLOWABLE GROUND COVER RATIO. 3.) * *LOT SHOWN ON L.C. PL 10169 -B IS LOCATED BELOW MHW AS DETERMINED BY 2003 NOS NANTUCKET TIDAL L DATUM AND AS SUCH, MAY HAVE NO LOT AREA WITH RESPECT TO ZONING. 4.) DWELLING APPEARS TO BE SHOWN ON LC PLAN 10169 -A DATED IN 1928. 5.) LC PLAN 10169 -B CREATING LOT B -1 IS DATED IN 1940. CURRENT ZONING: RC MINIMUM LOT SIZE: 5000 SF MINIMUM FRONTAGE: 40 FT FRONTYARD SETBACK: NONE SIDE AND REAR SETBACK: 5 FT ALLOWABLE G.C.R.: 50% EXISTING G.C.R.: 71% +—** EXISTING G.C..: 620 SF + (not including porch enclosed w/ lattice) PROPOSED G.C.R.:78 % ± ** PROPOSED G.C.: 680 SF + (not including porch enclosed w/ lattice) 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. N.B. 14/132 N DF A. T EMACK r No. -V7W PLOT PLAN TO ACCOMPANY APPLICATION TO THE ZBA IN NANTUCKET, MASSACHUSETTS SCALE: 1"=10' DATE: OCT. 18, 2016 DEED REFERENCE: LC CERT.# 25811 PLAN REFERENCE:LC PL 10169 —B ASSESSOR'S REFERENCE: MAP: 42.3.1 PARCEL:- 20 PREPARED FOR: HARVEY C. JONES, JR., TRUSTEE EMACK SURVEYING, LLC 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 508- 325 -0940 J -1337