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Home My WebLink About15-19 6 Western AvenueFee: $450.00 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION File No. Owner's name(s): 1 -5�A4&tr4 -'2TQAa �[_<, Mailing address: %k I 'i opy L W71 L k qE Z061+ Phone Number: _26- A!9�4 - �_J J E -Mail: OCAM LC�� b? Applicant's name(s):w�U.6,,7 GbC,I.krq— Mailing Address: �( ,DeWN 'p"r-, r Phone Number: . LZ \ - b D Locus Address: G'1 uy Assessor's Map/Parcel: �� J Land Court Plan/Plan Book & Page/Plan File No.: Deed Reference/ Certificate of Title: Z& (e 5 1 Zoning District 2 Uses on Lot- Commercial: None Yes (describe) Residential: Number of dwellings_ Duplex. ._' Apartments Date of Structure(s): all pre -date 7/72 or y201 Building Permit Numbers: lq0' I �� Previous Zoning Board Application Numbers: zth OZ_ U 2 Fairgrounds Road Nantucket Massachusetts 02554 508 325-7587 telephone 508-228-7298 facsimile 9 SWAIN STREET LLC, FILE NO. 15-19 Applicant seeks Variance relief pursuant to Section 139-32.A for a waiver from the front yard setback provisions of Section 139-16.A. Specifically, applicant seeks to validate the As -Built dwelling with only the chimney sited as close as 29.8' from the front yard lot line where a 30' front yard setback is required. The remainder of the front elevation massing is cited in compliance with the 30' front yard setback requirement. The lot has an area of 79,470 sq. ft., with a limited available building envelope due to shape, zoning setbacks, soil conditions, wetlands with associate buffer zones, and split zoning. The Locus is situated at 36 Western Avenue, is shown on Assessor's Map 87 as Parcel 133, and as Lots A-1 8v A-5 upon Land Court Plans 8597-C & 8597-E. Evidence of owner's title is registered on Certificate of Title No. 26651 at the Nantucket County District of the Land Court. The site is zoned Residential 20 (R-20) and Limited Use General 2 (LUG -2). Town of Nantucket Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER.... ?G✓14' Al.. 5 .�... G .......................... MAILING ADDRESS....................................................................... PROPERTY LOCATION.....36 4J4J66/ ...... N .................... .......................... ....... ASSESSOR MAPIPARCEL........... % — 3 .3 SUBMITTED BY......., 5�h)l)/ L—I�L ....................... . ............................ 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)• o5--/& — / � - DATE T:± -�- T� ASSESSOR'S OF ICE TOWN OF NANTUCKET or 87 JEMISON CAROLYN H C/O FIRST FIDUCIARY TRUST 4120 LEXINGTON WY EGAN, MN 55123 87 HJB NI LLC ETAL C/O FIDUCIARY TRUST INTERNATIONAL 1220 NORTH MARKET ST STE 333 WILMINGTON, DE 19801 87 34 WESTERN AVE SURFSIDE LLC 240 LONG NECK POINT RD DARIEN, CT 06820 87 NANTUCKET ISLANDS LAND BANK 22 BROAD STREET NANTUCKET, MA 02554 87 FARRELL ANTHONY B ETAL TRSTS C/O FARRELL DOROTHY A ETAL TRSTS PO BOX 906 NORWICH, VT 05055 87 AMERICAN YOUTH HOSTELS INC DBA HOSTELLING INTERNATIONAL USA 8401 COLESVILLE RD STE 600 SILVER SPRING, MD 20910 87 AMES SURFSIDE LLC . 1159 NORTH ROAD CARISLE, MA 01741 87 9 SWAIN STREET LLC C/O OLIVER & BONNIE CARR 5311 MOORLAND LANE BETHESDA, MD 20814 87 DESAI SHEEROY D & BARBARA M TR DESAI REVOCABLE TRUST 1100 SACRAMENTO ST # 288 SAN FRANCISCO, CA 94108 r_j 7 i C 7 � A Z' t✓i .`� 9 4 G M t C C 2 o o z 3 0 .7 I q V '� V O u� CI u-. 3 SI d N � l� u V U town ano �-ounry or ivaniuCKei, NIH May -LO, cUly :J^ _v N Y 87 118 127 87116 Y 871117 167 87 151 3 4 a • ;791 83 87947195 872589 '/KNOWN UM(NOWN43 H 31 15_2 87 87 15 87 ;A a 1W. 27 WESTERN AV WESTERN AV WESTERN AV WESTERN AV all &of we 87 7 12 87 71 14 87 75 87 74 87 76 22 20 81 BO 24 8772 87 73 16 7 82 87 81 30 87 79 SB 8784 87 133 34 32 40 ?6 97 36 87 78 28 87 77 26 1"=250ft Property Intormation Property ID 87 133 G, Location 36 WESTERN AV Owner 9 SWAIN STREET LLC {1�NMMttO 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. Geometry updated 11/13/2018 Data updated 11/19/2018 TO THE TOM OF NANTUCKET- "I ANTUCKET"I CERTIFY THAT THE BUILDINGS AND IMPROVEMENTS SHOWN WERE LOCATED BY AN ACTUAL 17£LD SURVEY AND THE DIMEN-901VS .SHOWN ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. " 5 I�{ OF AfISsgc ALAN M tiG 1 N GRADY "_= , — No.37732 £X. ED6'E Of PAWMENT LPFE FND. 70.00 LROD 'DFESS�O"r FND. yO COQ' // .6'.1- 1.6'.1— N (SF£ NOTE (SCE 140 WESTERN AVENUE MAP 87 PARCEL 84 NOTES: 1. OWNER: 9 SWAIN STREET LLC c/o OLIVER k BONNIE CARR 5311 MOORLAND UNE BETHESDA, MD 20814 2. DEED REF: CERT #26651 3. PLAN REF: LCC #8597-C (LOT A-1) LCC #8597-E (LOT A-5) 4. DECISION REF: Doc. #158142 5. LOCUS PARTIALLY FALLS WITHIN A SPECIAL FLOOD HAZARD ZONE VE (EL 10) AS SHOWN ON F.E.M.A. FLOOD INSURANCE RATE MAP NO. 25019C -0151-G, DATED 06/09/2014 WESTERN AVENUE SHELL ROADWA r 0 c. R-20 ZOAC -- 20NE LINE 1 LUG -2 ZC7E �-- Of J EDQ 15? CO�SrAt DC, �OF 2 I Of 2AI�,v w DF4 —L7 DF 5 ti COASTAL DUNE fTl�F 1 COASTAL fLAGO£D BY LEC E 0 U N E COVSDL TANTS / ZONE: R-20 REQUIRED EXISTING N 8936'09" E 90.00' FN . £X. ED6'E Of PAWMENT LPFE FND. 70.00 - 20.00= L FRONT YARD: 30' 29.8'±(P) SIDE YARD: 10' 10.5'± b N �* o GRAVEL O aJ APR70YAL a CNwy g7w TO BE sa,,2yr mom Mf ZCivM'G 'A DRIVEWAY BOARD Or APPEACS 4 125.10 11,250 st WlHm R-20 ZONE fv 1,405 of CA'AIMD COWP, EX. GARAGE c. UND£RGR0IJk_ 302± s. f o PROPANE �—KEN IN NANTUCKET, MASSACHUSETTS TANK COYERiiA - 49 HERRING POND ROAD 19 OLD SOUTH ROAD S7EP5 COMACY BUZZARDS BAY, MA 02532 NANTUCKET, MA 02554 #36 WESTERN AVENUE (tep 508.893.0070 (tel) 508.325.0044 (NO PLATFOW) (faz) 508.837.2282 w .Iomcksneng.com W 2N0 FLR. a LIWNG SPACE 20.4± 3 #36 EX. HOUSE p tN T 2 D£✓ W N h h o, 4 AREAA'AY MAP 87 PARCEL 133 g H.W.M.OPER PLAN ti 4r.'4 WESTERN AVENGE J MAP 87 PARCEL 82 0 c. R-20 ZOAC -- 20NE LINE 1 LUG -2 ZC7E �-- Of J EDQ 15? CO�SrAt DC, �OF 2 I Of 2AI�,v w DF4 —L7 DF 5 ti COASTAL DUNE fTl�F 1 COASTAL fLAGO£D BY LEC E 0 U N E COVSDL TANTS / ZONE: R-20 REQUIRED EXISTING LOT AREA: 20,000 s.f. 79,470± s.f FRONTAGE: 75' 90' FRONT YARD: 30' 29.8'±(P) SIDE YARD: 10' 10.5'± REAR YARD: 10' 770.3'± GROUND COVER: 4,134 slMAXXW 2,147± s.f. r aJ APR70YAL a CNwy g7w TO BE sa,,2yr mom Mf ZCivM'G BOARD Or APPEACS .:^.J YE ZOMG LLO".. 0. //58/42 125.10 11,250 st WlHm R-20 ZONE fv 1,405 of CA'AIMD COWP, t;W 64220sl. WM LUG -2 ZM h 2,728 s.t 00MO COWP. TOTAL ALLOWABLE G1?aW COIR 4, IJ4 , t FINAL AS—BUILT PLAN �—KEN IN NANTUCKET, MASSACHUSETTS 49 HERRING POND ROAD 19 OLD SOUTH ROAD 9 SWAIN STREET LLC BUZZARDS BAY, MA 02532 NANTUCKET, MA 02554 #36 WESTERN AVENUE (tep 508.893.0070 (tel) 508.325.0044 MAP 87 PARCEL 133 (faz) 508.837.2282 w .Iomcksneng.com 0591 /' Q1,P� bC 1401 PLAN SCALE 0 4 8 12 16 20 30 40 60 1 inch = 20 feet Dm =�+� MAY 15, 2019 �...T ERC/BEI I DFB/AMG r.c.newman@comcast.net From: Oliver Carr <ocarr@carrprop.com> Sent: Monday, May 13, 2019 3:01 PM To: doug@brantpointbuilding.com; Rob Newman Subject: ZBA Application To whom it may concern, Doug Collatz is permitted to execute the required ZBA application on behalf of 9 Swain Street, LLC, which is the owner of 36 Western Ave. Best regards, Oliver Carr Managing Member, 9 Swain Street, LLC Sent from my iPhone v WESTERN AVENUE; eaAo (VARMKE 111101R - nalc iin 6cvnTl�Rl . >a.eo (ruW6e) [r N a:ror r /mI S°00 N4 ` [> DL 6IA�4MM ,, 3 3 FlL•T.Ia a > .M aw e7 _p °".1-.A' i [u�� msEAL nNt RA9® [r Lrc n•";- .-� LTr 'i a ��__�_'. DTMKORK C¢QL[IMrs -- PLAN SCALE 1 hn . s6 foI "EXHIBIT A" Notes 1. LOCUS: ON WESTERN AL(IAJE YAP W CMCE, 133 2 OVER: LOOA G. IMUSTER as DANO 0- u STER ET, 1 34 WESTEI$I AVENJE HMTC V. MA 025`4 3. DEED PS: CW /11m 4. PLAN AFf: LC $591-C (LOT A-1) LC am -E (LOT A -S) CUS S. LOPARTIALLY FALLS K1100 A SPECIAL FLOOD MAZAIID ZONE VE (EL 10) AS %601W ON EEYA ILOOD ft"A KY RATE YAP Ro. 25OiW--O151-G aatw 06/09/1014. (SEE LOWS uAo) S. LOCUS DOES EAil WTel THE "T RAL NERITACE —1 EMANCEAED SPECIES PROGRAAL (NKK) AREAS 6 ESTMAIED HABITATS OF RARE KATE —1 P'PoORITY MANTATS OF RARE SPEOES, 1. LOT WAS CREATED N SEPT. o 1933 SYMBOLLEGEND �_—_� couoY.Omrure s®La< - �9NamRta P.gpW BX �ACHEN L_ $.•1wAt1>'JQ ...A...... EXISTING CONDMONS PLAN W NANTUG(ET, UAMM NSETTS A4pae6 for OUVER CARR /36 WESTERN AVENUE MAP 67 PARCEL 133 TOWN OF NANTUCKET NANTUCKET ZONING ADMINISTRATOR 2 Fairgrounds Road Nantucket, Massachusetts 02554 36 Western Avenue Assessor's Map 87, Parcel 133 Residential 20 (R-20) Limited Use General 2 (LUG -2) DECISION: ZA Decision 02-18 Certificate of Title No.26651 Shown as Lots A-1 & A-5 Land Court Plans 85970 & 8597E Upon review of the Application submitted by the Applicant, the Zoning Administrator determined pursuant to Nantucket Zoning By -Law Section 139-33.A(1)(b) that the proposed alteration, extension, and structural changes to the pre-existing non -conforming structure upon the pre-existing nonconforming locus do not increase the non -conforming nature of the structure or the locus. 2. The Applicant proposes to alter the pre-existing nonconforming garage structure by renovating and replacing the existing foundation. The structure will be no closer to the front or side yard lot lines than the existing structure as a result of the proposed alterations and no new nonconformities will be created. The proposed project has been granted Historic District Commission approval by virtue of Certificate of Appropriateness 69545. The Locus, as shown on plan entitled, "Existing Conditions Plan in Nantucket, Massachusetts", dated September 7, 2017, and prepared by Bracken Engineering, Inc., a reduced copy of which is attached hereto as "Exhibit A", is a long narrow oceanfront lot having split zoning. The northern buildable portion of the locus, where the existing garage and dwelling are located, is zoned Residential 20. The southern portion is zoned Limited Use General 2 and has a restricted buildable area due to a coastal dune extending south of the split zoning line. Zoning By-law Section 139-5 (Determination of boundaries) was recently amended by virtue of passage of Article 19 at the Special Town Meeting on November 6, 2017. The amended Section 139-51 now reads: When a boundary line between zoning districts divides a lot in single ownership and the line does not fall within 30 feet of a lot line, each portion of the lot shall be governed by the use and yard setback requirements of the zoning district in which it is located. Ground cover shall be applied to the entire lot and shall be the combined total of the ground cover allowed for the portion of the lot in each zoning district in which it is located. 4. The premises contain approximately 79,425 square feet of lot area. Minimum lot size in the R-20 is 20,000 square feet and maximum allowable ground cover is 12.5%. Minimum lot size in the LUG -2 is 80,000 square feet and maximum allowable ground cover is 7%. The property is improved with a 968 square foot single family dwelling and the subject 302 square foot garage structure for a total existing ground cover 1,270 square feet. 5. The garage structure is said to have been built circa 1950, prior to the 1972 adoption of the Nantucket Zoning By -Law and, as such, is pre-existing nonconforming with respect to the intensity regulations pursuant to Section 139-16.A. Specifically, in a district which requires a minimum ten (10) foot side yard setback and minimum thirty (30) foot front yard setback, the single story garage structure is sited roughly 1.6 feet from the westerly side yard lot line and 11.2 feet from the northerly front yard lot line at its closest points. 6. The proposal consists of a replacement of the existing slab foundation and structural renovation of the garage without any change in footprint or ground cover. The ridge height of the garage will increase from roughly fourteen (14) feet to eighteen (18) feet. Although the alteration and expansion will result in a slight vertical extension of the side and front yard setback intrusions, the structure as so altered shall be sited no closer to either lot line than the existing structure. 7. Based upon the foregoing, the Zoning Administrator finds that the proposed alterations and vertical expansion of the garage sited within the front and side yard setbacks will not increase the nonconforming nature of the dwelling structure or the locus, and will not create any new nonconformities and hereby issues the permit as requested. This approval is subject to the following condition: a) The proposed alterations shall be performed in substantial accordance with Certificate of Appropriateness No. 69545 granted by the Nantucket Historic District Commission, as the same may be amended from time to time. f Eleanor Weller Antonietti Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the L 5 day of �% h t -r/ , 2018, before me, the undersigned notary public, personally appeared Eleanor Weller Antornetti, the above-named Zoning Administrator of Nantucket, Massachusetts, personally 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. --, WES TERN I""� VENUE . - T x er3Fror c e Aa nay imx ae�m++ ur99 f Rp MfPir61'f p00' ' / w® YY 91f � - ; �quwc x Fs omc yncsit ' W - E Mes - N �u`erz as vA6m w � nme W. t 4 -IL _ Y� PLAN SCALE EXHIBIT A AtM'RC KM rg Not" L Lo= fmSW.. i:3 2 ODEA U DA 4 NFLAS1Eft aW DAVE 4 YWASTER ET. AL 3! eeSEni AL NAXNOET, w D25U s. DEED R6: care- f"m !. PtAx TEF: LC a -C (Lor A -r 6597-E (:OT A-5) S. Locus PAtnALY FADS r A SPELAL FUM HAZARD ZO W (R 1. AS SNOW a r riooD ns.RA+¢ UTE YAP Me. 250i9Cr0151-G data0 06/09/201!. 6. LOQ/z DOES FALL MII- 1K Ui1PiK IIMTAGE axe MANGMED SKM eROrnAu (x ) AREAS OF ESR IM N Ars OF RARE IKX*T and PRpWT+ NAMI. oF R SIEGES 7. LOT • O M N YY i. of 1935 ZONE R-20 REOLXRED LDT ARE/e FRONTAGE; ROTT YARD: w 11.i fe: SIDE YARD: +C 1'r REAR YAM. 10' 76Tf G.OLPO CO+ER: )25i W W?1 SZ ower )s roue 3Z'::. :RAC KE EXISTING CONDITIONS PLAN IN NANTUCKET, WSSAQI)SETTS P,.— F:. OLJVER CARR /36 WESTERN AVENUE MAP 87 PARCEL 133 _ TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 Date: July 11, 2019 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 15-19 Owner/Applicant: 9 SWAIN STREET, LLC Property Description: 36 Western Avenue 87/133 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 Nantucket Superior Court or 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 36 Western Avenue Assessor's Map 87, Parcel 133 Residential 20 (R-20) Limited Use General 2 (LUG -2) DECISION: Certificate of Title No. 26651 Shown as Lots A-1 & A-5 Land Court Plans 8597 & 8597E 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, June 13, 2019, at 1:00 PM, 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 9 SWAIN STREET, LLC, 5311 Moorland Lane, Bethesda, Maryland 20814, File No. 15-19. 2. Applicant is requesting Variance relief pursuant to Nantucket Zoning By-law Section 139-32 for a waiver from the front yard setback provisions of Section 139- 16.A. Specifically, applicant seeks to validate the As -Built dwelling with only the chimney sited as close as 29.8 feet from the front yard lot line where a thirty (30) foot front yard setback is required. The remainder of the front elevation massing is sited in compliance with the thirty (30) foot front yard setback requirement. The lot has an area of 79,470 sq. ft., with a limited available building envelope due to shape, zoning setbacks, soil conditions, wetlands with associate buffer zones, and split zoning. The Locus is situated at 36 Western Avenue, is shown on Assessor's Map 87 as Parcel 133, and as Lots A-1 & A-5 upon Land Court Plans 8597-C & 8597-E. Evidence of owner's title is registered on Certificate of Title No. 26651 at the Nantucket County District of the Land Court. The site is zoned Residential 20 (R-20) and Limited Use General 2 (LUG -2). 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 or oral, to the application. 4. The Locus benefits from prior Zoning Administrator relief in 2018 (ZA No. 02-18; registered as Document No. 158142) to alter the pre-existing nonconforming garage 0 structure. The proposal consisted of replacing the existing slab foundation and structural renovation of the garage without any change in footprint or ground cover. The ridge height of the garage increased from roughly fourteen (14) to eighteen (18) feet, resulting in a slight vertical extension of the westerly side and northerly front yard setback intrusions. 5. The Locus, as shown on plan entitled "Final As -Built in Nantucket, Massachusetts", dated May 15, 2019 (attached herewith as "Exhibit A"), has 79,425 square feet of lot area and is a long narrow oceanfront lot having split zoning. The northern buildable portion of the locus, where the existing garage and subject Dwelling Unit are located, is zoned R-20. The southern portion is zoned LUG -2 and has a restricted buildable area due to a coastal dune extending south of the split zoning line. Zoning By-law Section 139-5 (Determination of boundaries) was amended by virtue of passage of Article 19 at the STM on November 6, 2017. The amended Section 139-5.F reads: When a boundary line between zoning districts divides a lot in single ownership and the line does not fall within 30 feet of a lot line, each portion of the lot shall be governed by the use and yard setback requirements of the zoning district in which it is located. Ground cover shall be applied to the entire lot and shall be the combined total of the ground cover allowed for the portion of the lot in each zoning district in which it is located. 6. Minimum lot size in the R-20 is 20,000 sq. ft. and maximum allowable Ground Cover Ratio ("GCR") is 12.5%. Minimum lot size in the LUG -2 is 80,000 sq. ft. and maximum allowable GCR is 7%. The property is improved with a 1,845 sq. ft. single family dwlling and the 302 sq. ft. altered garage structure for a total existing ground cover 2,147 sq. ft. The former 968 sq. ft. dwelling, which was sited 24.7 feet from the front yard lot line, was demolished and replaced with this larger dwelling. 7. Applicant, as represented by the construction contractor, maintains that the chimney was inadvertently sited 29.8 feet from the front yard lot line where minimum setback is thirty (30) feet. The garage is sited as close as 11.2 feet from the front yard lot line. Although the subject intrusion is considerably less intensive than that of the pre-existing nonconforming garage, the current new dwelling does not benefit from the status of a pre-existing nonconforming structure. 8. The contractor explained that due to an error in calculations, the chimney ended up being sited approximately 2.4 inches into the thirty (30) foot front setback. When they demolished the previous dwelling, which was pre-existing nonconforming as 3 to front yard setback, they moved the newly sited dwelling further back attempting to getting it completely out of the front yard setback. The lot is nearly nine -hundred (900) feet long but the buildable area is restricted to fifty (50) feet due to coastal dune. As such, Applicants are seeking relief to allow a de minimis intrusion into the front yard setback brought about by the unintentional siting of a portion of the chimney 29.8 feet from the front yard lot line. 9. Therefore, pursuant to Section 139-32, the Board made the finding that Variance relief may be granted to validate the siting of the dwelling owing to circumstances relating to soil conditions, shape or topography of such land or structures but not affecting generally the zoning district in which it is located, and that a literal enforcement of the provisions of this chapter would involve substantial financial hardship, to comply with the intensity regulations of the R-20 zoning district. As such, desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such By-law. 10. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board grants relief by VARIANCE pursuant to Zoning By-law Section 139-32 from the provisions in Section 139-16 to approve the siting of the residential structure on the Locus as shown on the attached "Exhibit A", subject to the condition that there shall be no further expansion within the front or side yard setbacks without further relief from this Board. SIGNATURE PA E T "-LLW 9 36 Western Avenue Assessor's Map 87, Parcel 133 Residential 20 (R-20) Limited Use General 2 (LUG -2) Dated: June 13, 2019 Certificate of Title No.26651 Shown as Lots A-1 & A-5 Land Court Plans 85970 & 8597E Tool, Chairman Lisa Botticelli Kerim Koseatac J COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the day of J2019, before me, the undersigned notary public, personally appeared 0 TO L9 . 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 they signed ,tLe foregoing instrument as their free act and deed and voluntarily for the purposes ther in e ressed ial Signature and Seal of N4ry P4blic My commission expires �J PAUL M. MURPHY *!s NOTARY PUBLIC Commonwealth Of Massachusetts My Commission Expires 5 December 17, 2021 TO THE TOWN OF NANTUCKET CER77FY THAT THE BUILDINGS AND IMPROVEMENTS SHOWN WERE LOCATED BY AN ACTUAL FIELD SURVEY AND THE DIMENS1CNS SHOWN ARE ACCURATE TO 7HE BEST OF MY KNOWLEDGE AND BEUEF " ALAN M GRADY No. 37732 LROD FND. 1.6'1 - (S££ NOTE �4O vllcSTERN AVENUE A!AP 87 PARCEL 84 NOTES: 1. OWNER: 9 SWAIN STREET LLC c/o OLIVER & BONNIE CARR 5311 MOORLAND LANE BETHESDA, MD 20814 2. DEED REF: CERT #26651 3. PLAN REF: LCC #8597-C (LOT A-1) LCC 18597-E (LOT A-5) 4. DECISION REF: Doc. 1158142 5. LOCUS PARTIALLY FALLS WITHIN A SPECIAL FLOOD HAZARD ZONE VE (EL 10) AS SHOWN ON F.E.M.A. FLOOD INSURANCE RATE MAP N0, 25019C -0151-G, DATED 06/09/2014 OF 5 h v ZONE: R-20 REQUIRED EXISTING LOT AREA: 20,000 s.f. 79,470± s.f. FRONTAGE: 75' 90' FRONT YARD: 30' 29.8'±(0) SIDE YARD: 10' 10.5'± REAR YARD: 10' 770.3'± GROUND COVER: 4,134 s.f(UAxXb) 2,147± s.f.(4 (a) APPROVAL a, n(AOKr St MAt:Y 70 Bf SaP.' 17 FRN! ME 26VNIC OWD Of APPEALS (5J SEE 16 wo wagm,, Doc /154141 115: al 1(,150 sE XIXW R -20 10K Fu 1,405sf.. a?&W CGWR, 4X of 68,170.E N W.Y LUG -1 ZOWE Tw 1.716 r.1 G40Ok7 COU.. / TOTAL NiOWARE &W.V COlfk 4.1.1 sl CUT"N I Pep 49 HERRING POND ROAD 19 OLD SOUTH ROAD BUZZARDS BAY, MA 02532 NANTUCKET, MA 02554 (tel) 506.833.0070 (tol) 508.325.0044 (fax) 608.833.2262 www l rmclunsng.00m WESTERN AVENUE FINAL AS -BUILT PLAN IN NANTUCKET, MASSACHUSETTS 9 SWAIN STREET LLC #36 WESTERN AVENUE MAP 87 PARCEL 133 "EXHIBIT A" ,#34 �rES7EP.N A1sA'UE 1LAP 87 PARCEL 81 R-10 Z91E Luc -z Zcr,"r OF 1.: DF 1 c 8hg�/r GP PER �1 QGE� SCR MFRR �� PLAN SCALE 0 4 6 12 16 20 30 40 60 I inch = 20 feet MAY 15, 2019 ERC/BET DFB/Al,