HomeMy WebLinkAbout032-04
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
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To: Parties in Interest and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
fol.lowing:
Appl-ica tion No.: 03 2 - 0 tJ
bwner/Applicant: --51m ue \ t=uvv-ow qncp.
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Enclosed is the Decision of the BOARD OF APPEALS wh~~h ha~ :~I
this day been filed in the office of the Nantucketdown
Clerk. ~:' ~
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An Appeal from this Decision may be taken pursuant~o
Section 17 of Chapter 40A, Massachusetts General Laws.
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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 as to be received within such TWENTY
(20) days.
\..N""("V)~ Cba irman
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 ij139-30I (SPECIAL PERMITS); ~139-321 (VARIANCES)
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ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
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NANTUCKET ZONING BOARD OF APPEALS
One Bast Chestnut Street
Nantuoket, Massachusetts 02554
Assessor's Map 49, Parcel 8
87 Baxter Road, Siasconset
Siasconset Residential-2
Plan Book 24, Page 2
(No lot number)
Book 839, Page 295
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, May 14, 2004, at 1:00 P.M., in the
Selectmen's Meeting Room, in the Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, the Board made the
following decision on the application of SAMUEL FURROW and ANN
FURROW, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office
Box 2669, Nantucket, Massachusetts 02584, File No. 032-04:
2. The Applicants are seeking relief by VARIANCE from
Nantucket Zoning By-law ~139-16.A (Intensity Regulations - front
and side yard setback). The Applicants propose to move and alter
a single-family dwelling by relocating the structure away from
the 'Sconset Bluff, an eroding bank, to a point as close as about
one foot from the front yard lot line along Baxter Road, in a
district in which minimum front yard setback is 30 feet, and as
close as about four feet from the northerly side yard lot line
(where it is currently conforming), in a district in which
minimum side and rear yard setback is ten feet. At present the
structure, with attached garage, is sited as close as about 14.9
feet from Baxter Road. In order to maximize the separation from
the eroding bank, the Applicants also propose to alter and rotate
the connection between the dwelling and the attached garage wing,
which would reduce the nonconforming ground cover ratio from
about 16.5% to about 16.3%, with the maximum ground cover ratio
in this zoning district being 12.5%. The Locus is also
nonconforming as to southerly side yard setback, by less than one
foot. See also Board of Appeals Files Nos. 061-87 and 120-88,
which allowed an increase of the nonconforming ground cover ratio
by Special Permit. The Locus is situated at 87 BAXTER ROAD,
SIASCONSET, Assessor's Map 49, Parcel 8, is shown upon a plan
recorded with Nantucket Deeds in Plan Book 24, Page 2, and is
situated in the Siasconset Residential-2 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 made no
recommendation, determining that no matters of planning concern
were presented. One neighboring property owner wrote a letter in
support, suggesting conditions to mitigate damage to his property
during construction. A letter was on file from Atlantic Aeolus
Corp., dated March 23, 2004, stating that recent increase in
erosion had ~brought the edge of the buff dangerously close to
the structure" and further recommended that the structure be
moved back ~as soon as is practical". There was no other support
nor opposition presented at the public hearing.
4. As presented by the Applicants and their
representatives, the Locus is situated near a portion of the
'Sconset Bluff which is rapidly eroding. Portions of the
Applicants' dwelling are now as close as about 15 feet from the
top of the bank. The Applicants therefore propose to move the
structure away from the Bluff and closer to Baxter Road. The
dwelling is now within the required front yard setback area,
being about 14.9 feet from the street line at its closest point,
as shown upon a plan by Blackwell and Associates, Inc., dated May
25, 2004, a reduced copy of which is attached hereto as Exhibit
A. The edge of the pavement of Baxter Road is about eight feet
into the layout of Baxter Road, however, as shown upon the
Exhibit A plan, giving the appearance that there is a larger
setback from the front yard lot line. Because the attached
garage extends closer to Baxter Road than the main part of the
house, the Applicants propose to rotate and shorten the connector
between the garage and the main portion of the dwelling, which
would have the effect of bringing the garage slightly closer to
the northerly side lot line.
5. Because of the natural processes of erosion affecting
the locus, the Board of Appeals considered that the moving of the
structure closer to Baxter Road would meet the statutory criteria
for variance relief. However, members of the Board suggested
that the Applicants could make further changes which would reduce
the intrusion into the northerly side yard setback, and would
enable relief to be granted by special permit instead of
variance, pursuant to the provisions of ~139-16.C(1), which
authorize the granting of special permit relief to reduce the
ten-foot side yard setback distance in R-2 districts (including
SR-2) to five feet. Accordingly, the Applicants were directed to
modify their plan to show a five-foot northerly side yard setback
for the relocated structure, as shown upon Exhibit A.
5. The Board of Appeals, by UNANIMOUS vote, makes the
finding that a grant of relief to relocate the existing structure
further into the front yard setback area would be consistent with
similar relief granted on Baxter Road due to the documented
severe erosion of these lots and that owing to circumstances
relating to the soil conditions and topography of the Locus, and
especially affecting the Locus and not affecting generally the
zoning district in which the Locus is situated, the literal
enforcement of the front yard setback requirement would involve
substantial hardship to the Applicants, the granting of a
variance from the front yard setback requirement would not result
in substantial detriment to the public good and would not nullify
or substantially derogate from the intent or purpose of the
2
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Zoning By-law, and further makes the finding that the granting of
relief by SPECIAL PERMIT to reduce the northerly side yard
setback for the relocated structure from ten feet to five feet
would be in harmony with the general purpose and intent of the
Zoning By-law. Accordingly, by UNANIMOUS vote, the Board of
Appeals GRANTS relief by VARIANCE from the provisions of Zoning
By-law ~139-16.A to reduce the front yard setback to one foot,
and a SPECIAL PERMIT under ~139-16.C(1) to reduce the northerly
side yard setback to five feet, subject to the following
conditions:
(a) The relocated structure shall comply with the ten-
foot southerly side yard setback requirement.
(b) The work shall be done in substantial conformity
with the proposed location of the structure as shown upon Exhibit
A, allowing a side yard setback from the northerly lot line of
five feet and a minimum front yard setback of one foot.
(c) All wetlands, on or proximate the Locus, shall be
adequately protected from injury by trucks and equipment used in
connection with the relocation of the structure.
(d) The contractors performing the work shall not use
the driveway or other property of any neighbor for the turning of
heavy equipment without prior written permission from such
neighbor.
(e) The Applicants shall be responsible for repalrlng
any damage to property of neighbors in connection with the work.
Dated: June q , 2004 ~Li.t A ~ s;::~
JUN 3 0 2004 ancy - J~ 7S'evr~ns
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CURRENT ZONING CLASSIFICATION:
Residential 2 (R-2) EXISTING:
MINIMUM LOT SIZE: 20,000 S.F.
MINIMUM FRONTAGE: 75 FT.
FRONT YARD SETBACK: 30 FT.
REAR/SIDE SETBACK: 10FT.
GROUND COVER % : 12.5%
24759:1: SF
SEE PLAN
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16.5% EXISTING
16.3% PROPOSED I
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Plot Plan to Accompany
Board of Appeals Application
in
Nantucket, Massachusetts
SCALE: 1"= 30' DATE: MAY 25, 2004
Owner: . . . . . . .s~MU~~ fU.R~QW. . . . . . . . . . .
. . . . . . . A~~ f~R~qW. . . . . . . . . . . ,
Deed/Cert.: ~K. .8~Q . ~G, .2~5. Plan: ~~.2.4. .PC.? ,
Tax Map: . ~~-:8. .. Locus: .#?~ ~AXTER. R.O~D. . .
THIS PLOT PLAN IS NOT A CERTIFICATION f.S TO TO THE TITLE OR
OWNERSHIP Of' THE PROPERlY SHOWN. OWNERS Of' ADJOINING PROPERTIES
ARE SHOWN ACCORDING TO CURRENT TOWN Of' NANTUCKET f.SSESSOR
RECORDS.
THIS PLAN MAY NOT BE USED f'OR Nff OTHER PURPOSE THAN ITS
INTENDED USE NOTED ABOVE.
@ 2004 Blackwell &: Assaciotea Inc.
C:\PROJ\ADG\B6311 \ZBA 1.dwg OS/25/04 01: 16:53 PM EDT
ORIGINAL SIGNED AND STAMPED COPIES Of' THIS PLAN MAY BE
PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET
COUNlY REGISTRY OF DEEDS FOR RECORDING PURPOSES.
IN CASES OF DISCREPANCIES REGARDING INf'ORMATlON CONTAINED
HEREON AND UNAUTHORIZED PHOTOCOPIES Of' THIS PLAN. ONLY
ORIGiNALlY STAMPED AND ENDORSED COPIES SHALL BE
ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR.
THIS PLOT PLAN Wf.S PREPARED TO ACCOMPANY AN APPLICATION
TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE
CONSIDERED A FULL INSTRUMENT SURVEY.
THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERlY LINES.
FENCES. HEDGES OR Nff ANCILlARY STRUCTURES ON THE PREMISES.
THE PROPERlY LINES SHOWN RaY ON CURRENT DEEDS AND PLANS
Of' RECORD.
BLACKWELL &: ASSOCIATES, Inc.
Professional Land. Surveyors
20 Teasdale Circle
Nantucket, Massachusetts 02554
FBK.:160 8 (508) 228-9026 B6311
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at
1:00 P.M., FRIDAY, MAY 14,2004 in the Conference Roo~ Town Annex Building,
37 Washington Street, Nantucket, Massachusetts, on the Application ofthe following:
SAMUEL FURROW AND ANN FURROW
BOARD OF APPEALS FILE NO. 032-04
Applicant is seeking relief by VARIANCE under Nantucket Zoning By-law
Section 139-16A (Intensity Regulations - front yard/side yard setback). Applicants
propose to move and alter a single-family dwelling by relocating the structure away from
an eroding bank along Sconset Bluff to a point as close as about one foot from the front
yard lot line along Baxter Road in a district that requires a minimum front yard setback of
30 feet and as close as about four feet from the northerly side yard lot line (where it is
currently conforming) in a district that requires a minimum of a ten feet. At present the
structure and attached garage are sited as close as about 14.9 feet from that lot line. In
order to maximize the separation from the eroding bank, the Applicants also propose to
alter and rotate the connection between the dwelling and the attached garage wing, which
would reduce the nonconforming ground cover ratio from about 16.5% to about 16.3% in
a district that allows a maximum ground cover ratio of 12.5%. The Locus is also said to
be nonconforming as to the southerly side yard setback by less than one-foot. See also
BOA File No. 061-87 and 120-88, which allowed an increase of the nonconforming
ground cover ratio by Special Permit.
The Premises is located at 87 BAXTER ROAD, SIASCONSET, Assessor's Map
49, Parcel 8, Plan Book 24 Page 2. The property is zoned Siasconset-Residential-2.
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TIDS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
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REC1::IVED
BOPP"':)f ASSESSORS
MAR 1 R 2004
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Town of Nantucket
! JwN OF
NANTUCKET, MA
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
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1 cenify that lhe foregoing is a list of persons who are OWtlefS of abutting property, owners of
land directl~ opposite on any public or private street or way. and abutte"ts of the abutters and all
other land Owners within 300 feet of the, property lirie of owner's property, all as they appear on
the most recent applica'ole lax list (M.O.L. c. 40A, Section II Zoning Code Chapter 139.
Section 139-29D (2) "
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ASSESSOR'S OFFICE
Town of Nantucket
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NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
CASE No.3 V04
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s):
Mailing address:
Applicant's name(s):
Mailing address:
Locus address:
Samuel Furrow and Ann Furrow
c/o Reade, Gullicksen, Hanley & Gifford, LLP
Same
6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584
87 Baxter Road, Siasconset
Assessor's MapIParcel:
49-8
Land Court PlanlPlan Book & PageIPlan File No.: 24-2
Date lot acquired: 8/4103 Deed Ref./Cert. of Title: 839-295
Lot No.:
Zoning District: SR-2
Uses on Lot - Commercial: None~ Yes (describe)
Residential: Number of dwellings-L Duplex_ Apartments _ Rental Rooms_
Building Date(s): All pre-date 7/72? No or 1976
Building Permit Nos: 335-76,6012-88,6111-88,6734-89,7261-90,1357-03
Previous Zoning Board Application Nos.: 061-87 //zo ~~
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State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
See attached addendum.
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the B ins and penalf s of perjury.
SIGNATURE: Applicant _Attorney/Agent ~
(If not owner or 0 ner's attorney, please enclose proof of agency to bring this matter before the Board)
J. FOI3- k.BA\OFFICE USE
Application received on:--->>/ J d By: UUW Complete: Need copies?: ~
Filed with Town Clerk: ..:1.../?2Q./ Q!1 Planning Board: _1_/_ Building Dept.: _/_ ~ By:
Fee deposited with Town Treasurer:~J3CJ 11f-/ By:. Waiver requested?:_Granted:~~_
Hearing notice posted with Town Clerk:S:0dQ;txI Mailed: 4 I~tt ICXI I&M:J112J(1q{ & J/~ tJ..J/-
Hearing(s) held on:_I_I_ Opened on:~_I_ Continued to:_/~_ Withdrawn?:_I_I_
DECISION DUE BY: 1 1 Made: 1 1 Filed w/Town Clerk: 1 1 Mailed: 1 1
DECISION APPEALED?: 1 1
SUPERIOR COURT:
LAND COURT
Form 4/03/03
ADDENDUM
The dwelling upon the locus is now situated near a rapidly-
eroding coastal bank, and the applicants wish to move it as far
away therefrom as possible. At present, the front yard setback
at the closest point of the dwelling to the line of Baxter Road
is about 14.9 feet; minimum front yard setback in the Siasconset
Residential-2 zoning district is 30 feet. The dwelling is now
conforming with all other dimensional zoning requirements. The
applicants seek to move and alter the dwelling, so that it will
be at its closest point about one foot from the lone of Baxter
Road. In order to maximize the separation from the eroding bank,
the applicants also propose to alter and rotate the connection
between the dwelling and the attached garage wing, so that the
garage will be at its closest point about four feet from the
northerly lot line; minimum side yard setback in this district is
ten feet. Accordingly, the applicants request relief by Variance
from the intensity regulations contained in Nantucket Zoning By-
law ~139-16.A, as to front yard setback and northerly side yard
setback, in order to accommodate the proposed relocation of the
dwelling.
The dwelling upon the locus was built in 1976, when the locus was
situated in a Residential-1 zoning district, and was in
conformity with the R-1 dimensional requirements when
constructed. The rezoning of the area to R-2 in 1984 rendered
the locus nonconforming as to front yard setback, southerly side
yard setback, and ground cover ratio. See the decision in Board
of Appeals File No. 061-87, which granted a Special Permit to
allow an addition to the structure which increased ground cover.
F, \ WpF\Furrow\ZBA APP. doc
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SCHOFIELD BROTHERS, INC. r=:=:>_
PROFESSIONAL ENGINEERS. REGISTERED UNO SURVEYORS
14'" FEDERAL ST,; NANlUCKE.T, 'MASS.
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CURRENT ZONING CLASSIFICATION:
Residential 2 (R-2) EXISTING:
MINIMUM LOT SIZE: 20,000 S.F.
MINIMUM FRONTAGE: 75 FT.
FRONT YARD SETBACK: 30 FT.
REAR/SIDE SETBACK: 10FT.
GROUND COVER % : 12.5%
24759:1: SF
SEE PLAN
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1 6.5% EXISTING
1 6.3% PROPOSED
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ORIGINAL SIGNED AND STAMPED COPIES OF THIS PlAN MAY BE
PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET
COUNlY REGISTRY OF DEEDS FOR RECORDING PURPOSES.
IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED
HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY
ORIGINALLY STAMPED AND ENDORSED COPIES SHALL BE
Plot Plan to Accompany
Board oj Appeals Application
in
Nantucket, Massachusetts
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