HomeMy WebLinkAbout106-06
TOWN .OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
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To: Parties in Interest and. others concerned with the
-]SeElslou-uOf the BOARD OF> APPEALS in the Application of the
following:
Owner/Applicant:
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Application No.:
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
com.laint and certified copy of the necision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
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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 9139-301 (SPECIAL PERMITS); ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 55.1.4, Parcels
7.1 and 7.2
Certificates of Title Nos.
C24-6 and U24007
Residential-Commercial
Lot 18
Land Court Plan 8254-G
95 Washington Street
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, December 8, 2006, at 1:00 P.M., in the
Conference Room at Two Fairgrounds Road, Nantucket,
Massachusetts, the Board made the following decision on the
application of BLAKE S. DREXLER, c/o Sarah F. Alger, Attorney,
Two South Water Street, Nantucket, Massachusetts 02554, File No.
106-06:
2. Applicant is seeking relief by VARIANCE pursuant to
Nantucket Zoning By-law (the "By-law") 5139-17 (Height
limitations). To the extent necessary, Applicant is also seeking
MODIFICATION of the Decision in BOA File No. 090-87 (as
previously modified in the Decisions in BOA File Nos. 139-87 and
105-98), that granted VARIANCE relief that allowed various
alterations to the building and waived parking requirements and a
loading zone. In the al ternati ve, or to the extent necessary,
Applicant is seeking relief by SPECIAL PERMIT pursuant to By-law
5139-33A (alteration/expansion of a pre-existing, nonconforming
use/ structure) . The locus is currently improved by a building
containing two condominium units. The current permitting allows
the first floor of the building to be used as a retail store; the
second story to be used as a year-round accessory apartment and
an office; and the third floor of the building to be used as a
single-family dwelling. As so used and configured, the locus is
nonconforming as to loading zone, driveway accesses, and parking.
Applicant, the owner of both units, now proposes to renovate the
existing structure by placing a new foundation under it and
relocating it to a conforming site on the lot and converting it
to use solely as a single-family dwelling. Applicant may also
reconfigure the lot lines between the locus and an abutting lot,
and construct a separate garage, neither of which would require
relief from this Board. Following construction, the locus would
be conforming as to parking but would continue to have two
conforming parking spaces that back onto Washington Street (as
previously approved in the Decision in BOA File No. 105-98),
would have two driveway accesses, and would be nonconforming as
to height. In all other respects, the locus would be conforming
to all other zoning requirements. As part of the overall
renovation, the structure must be brought up to FEMA Flood Zone
requirements, which would require raising of the first floor from
about Elevation 6.41 to Elevation 8.85, an increase of height
from under the maximum height allowed of 30 feet to no more than
32 feet. The Premises is located at 95 WASHINGTON STREET,
Assessor's Map 55.1.4, Parcels 7.1 and 7.2, Land Court Plan No.
8254-G, Lot 18. The property is zoned Residential-Commercial.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
recei ved at our public hearing. The Planning Board made no
recommendation as the matter was not of planning concern. There
was no opposition expressed either in person at the public
hearing or by letter on file. The Applicant, through counsel,
represented at the public hearing that he had agreed with an
abutter to tie any height relief granted by this Board to a
benchmark established on the plan attached hereto as Exhibit A in
two sheets.
4. The locus lS currently improved by a building
containing two condominium units. The current permitting in the
above noted Decisions allows the first floor of the building to
be used as a retail store, the second story of the building to be
used as a year-round accessory apartment and as office space; and
the third story of the building to be used as a single-family
dwelling. As so used and configured, the locus is nonconforming
as to loading zone, driveway accesses, and parking, including
parking backing out onto Washington Street and two driveway
accesses.
The Applicant proposes to renovate the existing structure
upon the locus by picking it up, placing it on a new foundation
in a different, yet conforming, location upon the lot, and
converting it to use solely as a single-family dwelling. The
Applicant may also change the boundaries of the locus by swapping
parcels with an abutter and constructing a garage, but none of
these changes would affect the zoning status of the locus and
thus would not require relief from this Board.
In doing the proposed work, the Applicant proposes to remove
the locus from the provisions of Mass. Gen. Laws c. 183A, that
is, to de-condominiumize the property, and to reduce, although
not completely eliminate, the zoning nonconformities of the
property. Following construction, the locus would be conforming
as to the number and size of parking spaces, but would continue
to have two conforming spaces that back onto Washington Street
(as previously approved by the Nantucket Board of Appeals in Case
No. 105-98), would have two driveway accesses, one directly from
Washington Street and the other through the driveway of the
adj acent Great Harbor Yacht Club, Inc. property, and would be
nonconforming as to height. In all other respects, the property
would conform to all requirements of the By-law.
The plans of the locus have been prepared using as an
Elevation coordinate system the 1992 Mean Low Water Data. The
FEMA Flood Plain maps were prepared using the 1934 Half Tide
Data. Elevation 8.85 of the 1992 Mean Low Water Data is the
equivalent of Elevation 8 of the 1934 Half Tide Data. For
purposes of this Decision, all references are to the 1992 Mean
Low Water Data. The locus is located within FEMA Flood Zone A7,
Elevation 8.85. As a result, as part of the proposed work,
because the locus is being completely converted to residential
use, the first floor of the building must be raised to Elevation
8.85 to meet applicable Federal regulations. The existing
structure is of so-called "glulam" (glued laminate) construction,
which is a post and beam type construction using glued laminate.
This construction is very strong and makes the proposed
renovation difficult and precludes modifications to reduce the
height of the structure.
As currently existing, the first floor of the structure is
at about Elevation 6.41, and the ridge is at about Elevation
34.9. Existing average mean grade at the locus is at about
Elevation 6.09, resulting in a current building height of about
28.8 feet for purposes of By-law 5139-17. Applicant proposes no
change in the existing average mean grade. Consequently, federal
regulations require that the building must be raised about 2.5
feet (from Elevation 6.41 to Elevation 8.85), which would result
in a new height for purposes of By-law 5139-17 (assuming no
change to average mean grade) of about 31.3. Accordingly, the
Applicant is requesting a relief by Variance to allow a maximum
height under By-law 5139-17 of no more than 32 feet (which is the
equivalent of a ridge height at Elevation 38.09).
Applicant has agreed to tie any height relief granted by
this Board to a benchmark established on the plan attached hereto
as Exhibit A in two sheets. On this plan, the benchmark is shown
as "Benchmark #119" and is a drill hole in a granite curb on the
south side of Washington Street. As shown on the plan, this
benchmark is at Elevation 6.56. Accordingly, after the proposed
construction, the ridge height of the structure would be no more
than 31.53 feet above the benchmark (which is the equivalent of
Elevation 38.09).
5. Therefore, based upon the foregoing, the Board
specifically finds that owing to the circumstances relating to
the soil conditions, shape, and topography of the Locus and the
structures upon it and especially affecting the Locus but not
affecting generally the Residential-Commercial zoning district in
which the Locus is situated, a literal enforcement of the
provisions of the By-law, and specifically of 5139-17, would
involve substantial hardship, financial and otherwise, to the
Applicant, and the requested relief may be granted without
substantial detriment to the public good and without nullifying
or substantially derogating from the intent or purpose of this
By-law. In making this finding and granting of variance relief,
the Board considered the unique construction of the structure,
the fact that the structure, following construction would be in
context with the surrounding structures and uses, and the benefit
to the neighborhood of reducing the parking and other zoning
nonconformities of the locus and lessening the intensity of the
use of the locus by eliminating the commercial use of the locus
and converting the use to one single-family dwelling.
6. Accordingly, by a UNANIMOUS vote, the Board GRANTS the
requested relief by VARIANCE, from the Height Restrictions of
Nantucket Zoning By-law 5139-17, and to the extent necessary
MODIFIES the previously granted relief in the Decisions in BOA
File No. 090-87 (as previously modified in the Decisions in BOA
File Nos. 139-87 and 105-98) to allow the proposed renovation of
the existing structure by placing a new foundation under it and
relocating it to a conforming site on the lot and converting it
to use solely as a single-family dwelling, including possibly
reconfiguring the lot lines between the locus and an abutting lot
and constructing a separate garage, in a way that does not render
the locus more nonconforming, and maintaining two conforming
parking spaces that back onto Washington Street (as previously
approved in the Decision in BOA File No. 105-98), two driveway
accesses, and the proposed parking, access, and utility easement
to an abutter, all upon the following conditions:
a. The project shall be built in substantial
conformance with the relevant Certificate of
Appropriateness No. 49,253, issued by the
Nantucket Historic District Commission, as
may be amended from time to time;
b. The proj ect shall be builtin substantial
conformance with the "Site Plan" drawn by
Site Design Engineering, LLC, dated December
14, 2006, in two sheets, a copy of which is
attached hereto as Exhibit A (the "Site
Plan"); and
c. The maximum height of the new addition shall
be no more than 32 feet for purposes of the
By-law, shall have a ridge height of no more
than Elevation 38.09, based upon the 1992
Mean Low Water Data, and shall have a ridge
height of no more than 31.53 feet above the
benchmark established on the Site Plan.
,
(BOA Decision 106-06)
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ZONING REQUIREMENTS
ZONING DISTRICT: R-C
MINIMUM REQUIREMENTS
MINIMUM LOT SIZE (SOUARE FEET)
MINIMUM LOT FRONTAGE (FEET)
MINIMUM FRONT YARD SETBACK (FEET)
MINIMUM SIDE YARD SETBACK (FEET)
MINIMUM REAR YARD SETBACK (FEET)
GROUND COVER RATIO (")
EXISTING BUILDING RIDGE ELEVATION
EXISTING AVERAGE MEAN GRADE ELEVATION
BLACKWELL cI: ASSOCIATES. Inc,
Professional Land SUTVeyors
20 TEASDALE CIRCLE
NANTUCKET. MASS, 02554
(508) 228-9026
r :-. SITE DESIGN
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1 I CUSHMAN STREET. MIDDLEBORO, AlA 02316
T: 5<J8-1/6U1673 F: 508-1/67-0674
- WW'N.S1TEDESlGNENG.COM
C:\SDE\Projects\6012\CAD\Todd Building\TODD BUILDING.dwg
EXISTING PROVIDED
5,000 6462
40 77.9
NONE 7.7'
5 15.5'
5 21.1'
50 26:t
34.86
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WASHINGTON STREET EXT.
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95 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS
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DA TE : DECEMBER 14. 2006
PROJ. NO. : 6012
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95 WASHINGTON STREET
EXISTING RIDGE LINE ELEVATION = 34.9:i:
PROPOSED RIDGE LINE ELEVATION = 37.43:
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Professional La.nd SUTVeyors
20 TEASDALE CIRCLE
NANTUCKET. MASS. 02554
(508) 228-9026
r :-. SITE DESIGN
~ ENGINEERING, Ltc.
f1 CUSHMAN STREET. MIDOLEBORO. MA 02346
T: 508-96NJ673 F: 508-967-0674
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BENCHMARK /119
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95 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS
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DA TE : DECEMBER 14. 2006
PROJ. NO. : 6012
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, DECEMBER 8,2006 in the Conference Room, 2
FAIRGROUNDS ROAD, FORMERLY KNOWN AS THE NANTUCKET
ELECTRIC COMPANY BUILDING, WITH AN ENTRANCE FROM OLD
SOUTH ROAD, FIRST RIGHT AFTER FAIRGROUNDS ROAD COMING
FROM TOWN WITH ENTRANCE FROM THE FRONT OF THE BUILDING,
Nantucket, Massachusetts, on the Application of the following:
BLAKE S. DREXLER
BOARD OF APPEALS FILE NO. 10,""06
Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning By-law
Section 139-17 (Height limitations). To the extent necessary, Applicant is also seeking
MODIFICATION of the Decision in BOA File No. 090-87 (as previously modified in the
Decisions in BOA File Nos, 139-87 and 105-98), that granted VARIANCE relief that
allowed various alterations to the building and waived parking requirements and a
loading zone. In the alternative, or to the extent necessary, Applicant is seeking relief by
SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-33A
(alteration/expansion of a pre-existing, nonconforming use/structure). The locus is
currently improved by a building containing two condominium units. The current
permitting allows the first floor of the building to be used as a retail store; the second
story to be used as a year-round accessory apartment and an office; and the third floor of
the building to be used as a single-family dwelling_ As so used and configured, the locus
is nonconforming as to loading zone, driveway accesses, and parking. Applicant, the
owner of both units, now proposes to renovate the existing structure by placing a new
foundation under it and relocating it to a conforming site on the lot and converting it to
use solely as a single-family dwelling. Applicant may also reconfigure the lot lines
between the locus and an abutting lot, and construct a separate garage, neither of which
would require relief from this Board. Following construction, the locus would be
conforming as to parking but would continue to have two conforming parking spaces that
back onto Washington Street (as previously approved in the Decision in BOA File No.
105-98), would have two driveway accesses and would be nonconforming as to height. In
all other respects, the locus would be conforming to all other zoning requirements, As
part of the overall renovation, the structure must be brought up to FEMA Flood Zone
requirements, which would require raising of the first floor from about elevation 6A I to
elevation 8.85, an increase of height from under the maximum height allowed of 30 feet
to no more than 32 feet. The Premises is located at 95 WASHINGTON STREET,
Assessor's Map 55.1A, Parcels 7.1 and 7.2, Land Court Plan No_ 8254-G, Lot 18, The
property is zoned Residential-comm~,~, '
Nancy J. Sevrens,
4 .
NANTUCKET ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MA 02554
CASE NO. ((j Y-d 0
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s):
Blake S. Drexler
Mailing address: c/o Sarah F. Alger, Two South Water Street, Nantucket I MA 02554
Applicant's name(s):
Mailing address:
Locus address:
Same
95 Washington Street
Assessor's Map/Parcel:
55.1.4":7.1
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&'b.2
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Same
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Land Court Plan/Plan Book & Page/Plan File No.:
Lot No.:
Lot 18, Land Court Plan No. 8254-G
Units 1 & 2, Todd Building Condominium
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Date lot acquired: 2/20/04 and 6/13/05 Deed Ref./Cert. of Title: Certs. C24-6 and U24007
Zoning District: RC
Uses on Lot- Commercial: None Yes (describe)
Residential: Number of dwellings ~ Duplex ~ Apartments ~ Rental Rooms -L
Building Date(s): All pre-date 7/72? No or 1989 addition C ofO(s)? Yes
Building Permit Nos: 5779-89; 9742-93; 9878-93
Previous Zoning Board Application Nos.: 090-87~ 130-87~ 105-98
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:
Please refer to the attached Addendum.
SIGNATURE: Applicant Attorney/Agent...x..
(If not owner or' ner's attorn lease enclose p oof of agency to bring this mat r before the Board)
~ FOR~A'OFFICE USE
Application received on: (/[J(L By:' Complete: Need copies?:
Filed with Town Clerk:~ . ~ Planti~!~o:td: -~Iding Dept.: I ~: 6(7)..1._)
Fee deposited with Town Treasurer:ll/~BY: (Qe~aiver requested?:_Granted:_/_/_
Hearing notice posted with Town clerk:l_~jU(k Mailed:1l/~()(jJI&M:-tl/c2/&P& -4-/:11/ 00
Hearing(s) held on:---./_/_ Opened on:_/---./_ Continued to:_/_/_ Withdrawn?:_/_/_
DECISION DUE BY:_/_/_ Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_
DECISION APPEALED?: / / SUPERIOR COURT: LAND COURT Form 4/03/03
Addendum to
Application to Nantucket Zoning Board of Appeals
Blake s. Drexler, 95 Washington Street, Nantucket, Massachusetts
The Applicant seeks a Variance pursuant to Nantucket Zoning
By-law (the "By-lawlf) Si139-32 from the height provisions of By-
law Si139-17. To the extent necessary, the Applicant also seeks
a modification of the Variance granted in Case No. 090-87, as
previously modified in Cases Nos. 130-87 and 105-98, and/or a
Special Permit under By-law SiSi139-30 and 33 to alter a pre-
existing, nonconforming use.
The locus lS currently improved by a building containing
two condominium units. The current permitting allows the first
floor of the building to be used as a retail store, the second
story of the building to be used as a year-round accessory
apartment and as office space; and the third story of the
building to be used as a single-family dwelling. As so used and
configured, the locus is nonconforming as to loading zone,
driveway accesses, and parking, including parking backing out on
to Washington Street.
The Applicant proposes to renovate the existing structure
upon the locus by picking it up, placing it on a new foundation
in a different, yet conforming, location upon the lot, and
converting it to use solely as a single-family dwelling. The
Applicant may also change the boundaries of the locus by
swapping parcels with an abutter and constructing a garage, but
none of these changes will affect the zoning status of the locus
and thus will not require relief from the Nantucket Zoning Board
of Appeals.
In doing the proposed work, the Applicant proposes to
remove the locus from the provisions of Mass. Gen. Laws c. 183A,
that is, to de-condominiumize the property, and to reduce,
although not completely eliminate, the zoning nonconformities of
the property. Following construction, the locus will be
conforming as to the number and size of parking spaces, but will
continue to have two conforming spaces that back on to
Washington Street (as previously approved by the Nantucket Board
of Appeals in Case No. 105-98), will have two driveway accesses,
one directly from Washington Street and the other through the
driveway of the adjacent Great Harbor Yacht Club, Inc. property,
and will be nonconforming as to height. In all other respects,
the property will conform to all requirements of the By-law.
The locus is located within FEMA Flood Zone A7, Elevation
8.85. As a result, as part of the proposed work, the first
floor of the building must be raised to elevation 8.85 to meet
applicable Federal regulations. The existing structure is of
so-called "glulamlf construction, which makes this sort of
renovation difficult and precludes modifications to reduce the
height of the structure.
As currently existing, the first floor of the structure is
at about elevation 6.41, and the ridge is at about elevation
34.9. Existing average mean grade at the locus is at about
elevation 6.09, resulting in a current building height of about
28.8 feet for purposes of By-law 8139-17. Consequently, federal
regulations require that the building must be raised about 2.5
feet (from elevation 6.41 to elevation 8.85), which will result
in a new height for purposes of By-law 8139-17 (assuming no
change to average mean grade) of about 31.3. Accordingly, the
Applicant is requesting a Variance to allow a maximum height
under By-law 8139-17 of no more than 32 feet.
Town of Nantucket Web GIS - Printable Map
Page 1 ot L
Sale Date
Sale Price
Book/Page
Lot Size
55.1.47.1
95B WASHINGTON ST
DREXLER BLAKE S
687 OENOKE RIDGE
NEW CANAAN, CT 06840
02/20/2004
$1,200,000
C24-6
o acres
NOT A LEGAL DOCUMENT
C:J
Prop ID
Address
Owner
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Discli;limer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
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Town of Nantucket Web GIS - Printable Map
Page 1 ot L
Town of Nantucket Web GIS
Prop ID
Address
Owner
55.1.4 7.1
95B WASHINGTON ST
DREXLER BLAKE 5
687 OENOKE RIDGE
NEW CANAAN, CT 06840
02/20/2004
$1,200,000
C24-6
o acres
Sale Date
Sale Price
Book/Page
Lot Size
NOT A LEGAL DOCUMENT
'='
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Disclaimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
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ZONING REQUIREMENTS
ZONING DISTRICT: R-C
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MINIMUM LOT FRONTAGE (FEET)
MINIMUM FRONT YARD SETBACK (FEET)
MINIMUM SIDE YARD SETBACK (FEET)
MINIMUM REAR YARD SETBACK (FEET)
GROUND COVER RATIO (%)
EXISTING BUILDING RIDGE ELEVATION
EXISTING AVERAGE MEAN GRADE ELEVATION
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95 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS
1 INCH - 20 FEET
DATE : NOVEMBER 14, 2006
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
October 19, 1987
Re: Decision in the Application of
NAUTICAN REALTY COMPANY, OWNER, FOR ITSELF AND
J. DREW DEELEY (090-87)
Enclosed is a notice of the Decision of the BOARD OF APPEALS
which has this day been filed with the Town Clerk.
Any appeal from this action shall be made pursuant to
Section 17 of Chapter 40A of the General Laws, and shall be
filed within twenty (20) days after this date.
William R. Sherman, Chairman
BOARD OF APPEALS
cc: Building Commissioner
Planning Board
Town Clerk
.
.
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a Public Hearing held on WEDNESDAY,
OCTOBER 14, 1987 at 1:30 p.m. in the Town and County Building,
Nantucket, made the following Decision upon the Application of NAUTICAN
REAKTY,COMPANY, INC., OWNER, FOR ITSELF AND J. DREW DEELEY (090-87)
of 27 Easy Street, Box 1222, Nantucket, MA 02554.
1. Applicant seeks a VARIANCE under Zoning By-Law SECTIONS
139-32A and B to waive the following:
(a~ Seven (7) of the off-street parking spaces required by
SECTIDON 139-18 A-D and I;
(b) that portion of the 14 by 35-foot off-street loading
area required by SECTION 139-19A and C not entirely on Lot 18;
(c) the requirement of not more than one driveway per 100
feet of street frontage for any single lot, stated in SECTION 139-18F
(l)(c); and
(d) the 20% open-space requirement set forth in new SECTION
139-16F;
each to the extent necessary to permit renovation of the existing
("Todd") building in accordance with the Site Plan dated "Rev. 7/16/87"
(Exhibit "A") as a 3-story building with up to 1275 SF of retail
commercial space on the first floor, up to 1530 SF of commercial office
space on the second floor and a th~ee-story residential use as a single
dwelling unit including 405 SF for utility/storage on the first floor,
150 SF on the second floor and up to 1200 SF, i.e., the entire third
floor, all on a total ground cover "footprint" of 1680 SF. The premises
are located at 97 WASHINGTON STREET EXTENSION, Assessor's Parcel 5514-
007, Lot 18, Land Court Plan No. 8254G, together with Assessor's Par-
cel 55.1.4-006, Lot 17, Land Court Plan No. 8254-G, in the Zoning
District RESIDENTIAL-COMMERCIAL.
2. Our findings are based upon the Application papers, viewings,
(090-87)
-2-
correspondence, affidavits and plans (including the above-referenced
Exhibit "A" Site Plan submitted with 8/4/87 cover letter for Applicant to
complete the Application), and plans and representations and testimony
received at our hearings of August 21 and September 18, 1987, (including
a Site Plan dated 9/14/87, our Exhibit "B", for Lot 18 and a portion of
Lot 17). Reference' lis also made to prior Application 070-87, withdrawn
without prejudice.
3. We find that Applicant's Lot 18 has an area of 6,462 SF, more
or less, well in excess of the 5,000 SF minimum lot size for the RC
Zdning District, with about 78-foot frontage on Washingotn Street Exten-
sion. A cinder block building on the premises, known as the "Todd Building"
has existed at its present location since a time prior to the effective
date of our Zoning By-Law. The single-story Todd Building, with about
1660 SF of grourid cover, is used principally for commercial storage and
work shop space, sith a northeasterly section occupied by a clothing
workshop and retail store "Cynara". When zoning was enacted in mid-lf72,
use was limited to boat storage or workshop use, then on al Lot 14. Changes
of use since mid-1972 have been without benefit of Special Permit or other,
zoning relief, e.g., from the off-street parking or loading area require-
ments. Open area, about 4800 SF, surrounding the Todd Building was and
reamins unimproved. After an ANR division of the contiguous property
owned by Applicant 3/23/79 into Lots 17 and 18, the Todd Building stood
on Lot 18 and a Butler Building stood, and still stands, on Lot 17.
4. Applicant represents that it continues to own abutting Lots
17 and 18 in common, but Lot 17 is subject to a lease between Applicant
and Nantucket Shipyard, Inc. dated November 20, 1968, not of record here.
The parties to the lease are involved in protracted litigation. Appli-
cant ?epresents that a limited use of Lot 17 open area is retained under
the lease but not to provide the required off-street parking spaces or
loading area which, therefore, must be located fully on Lot 18 except to
the extent waived by the requested variance. However, Applicant also
represents that it has retained sufficient rights in Lot 17 open space
to complete the driveway and street exit from Lot 18, to give access
to the south side parking spaces,
(090-87)
-3-
and to provide the biance of the required 20% open area not kept on
Lot 18 with the Exhibit "A" plan. Assuming the correctness of such
representations and treating Lots 17 and 18 as one "lot" for zoning
purposes, Applicant still requires relief fron Section 139-18F(1)(c)
since the spacing between the driveway entry on Lot 18 and exit on Lot
17 is less than 100 feet.
5. Applicant proposes that the new building be reconstructed
on the existing Todd foundation, except that the northerly extension
would be replaced by an extension of larger footprint set farther back
from the front building line. Ground cover would be increased from
1660 SF to 1680 SF.
6. For the uses set forth above, proposed by Applicant, the
parking space requirements are as follows:
Second
USE
One retait~store~t2~5 SF
store employees up to 4
Office-1530 SF
SPACES
6
1
8
1
FLOOR
First
lst,2nd,3rd One apartment dwell. unit
16 Total
Applicant has shown the provlslon of 7 numbered parking spaces on
Lot 18 in Exhibit "A", diagonal spaces 6 and 7 being accessible to
cars only from Lot 17, radially inwardly from the arcuate portion of the
driveway to be provided on Lot 17. While Applicant has requested relief
as to only 7 spaces, this Board indicated a willingness to waive 8
spaces upon the conditions set forth below.
7. Off-loading requirements of Section 139-19 can not be fully
met on Lot 18, i.e., the 14 by 35-foot area, screened, and not infring-
ing on a required yard. However, Applicant can provide an off-street
loading area on Lot 18 which is 65 SF below the minimum 14 by 35-foot
loading area required by Section 139-19C(3). Applicant proposes to
locate that 65 SF of proposed loading area on abutting Lot 17.
(090-87)
-4-
8. Approximately five (5%) percent of the Exhibit "A" premises
is designated as "open space", as defined in Section 139-16F of the
By-Law. Since most of Lot 17 is unimproved, sufficient to meet open-
space requirements for both lots, Applicant asks telief for Lot 18 to
the extent the full 20% open area can only be provided by treating Lots
17 and 18 as one lot.
9. Applicant proposes a U-shaped parking-area driveway on Lots
17 and 18, as shown on the Exhibit "A" parking plan, having a northerly
entry on Lot 18 and unobstructed egress from the southerly exit (Lot
17) onto Washington Street extension. With a spacing of about 70 feet
between entry and exit, i.e., less than the 100 feet required by Section
139-18F(1)(c) when Lots 17 and 18 are treated as one lot, Applicant
asks relief to validate the about 70-foot spacing. Because of anticipated
sharp increase in traffic on Washington Street Extension, we would be
adverse to granting such relief but for the conditions noted below.
10. Applicant proposes to upgrade and substantially enhance
appearance of the "Todd Building". This proposed renovation v;.ould pro-
vide a substantial benefit to the Washington Street neighborhood. In our
view, however, the proposed structural enlargement and intensification
in use of the Todd Building may be allowed without substantial detriment
to the public good, and without nullifying or substantially derogating
from the intent or purpose of the zoning chapter, only because zoning
deficiencies may, we are told, be made up by the above-described open
space and vehicular use of Lot 17. As soon as allowed by the leasehold
or termination of the Shipyard lease, Applicant would no longer require
variance relief except for a short period to implement a plan in con-
formity with zoning, perhaps per Exhibit "B". The uniqueness in the
R-C District relieJ upon to meet the requisite fin@ingfor variance
relief lies in the inter-relating of Lots 17 and 18. Applicant faces
a resulting hardship, financial and otherwise, if full development of
Lot 18 must await availability of Lot 17 to complete the development
of the property. Early but temporary surfacing and landscaping of Lot
18 around the Todd BuildingAre clearly beneficial to the neighborhood.
(090-87)
-5-
Bringing the building into conformity with requirements of the Building
Code and Historic Districts Commission is likewise beneficial.
11. The unfavorable recommendation of the Planning Board was
presumably because Lot 18 alone should not carry such an intensified
use. We have no basis for determining whether or not the Shipyard
lease allows the uses required for relief here, but must leave that as
a possible issue between the parties in litigation.
12. So that we may make the necessary findings in favor of
Applicant's proposed renovation project as set forth above, we condition
relief upon the following:
(a) If Applicant is now legally entitled to use Lot 17 to
complete the open space, off-street parking and loading area require-
ments for Lot 18, as shown on Exhibit "A" and described above, this
variance grant shall become effective following the 20-day statutory
waiting period; otherwise, only il and when that entitlement is finally
established;
(b) if and when the Shipyard lease is terminated or is
amended or legally construed so that Applicant would be entitled to
implement the Exhibit "B" site plan (for which the variance relief re-
quested here is not needed), Applicant shall have one (1) year within
which to bring the Lots 17 and 18 property into compliance and conformity
with the then-current zoning by-law, per exhibit "B" or such other plan
as this Board may approve;
(c) this variance shall terminate at the end of such one (1)
year period, by operation of law;
(d) in the event that Applicant encumbers or disposes of
Lot 17 or 18 without reserving or providing the right (i) to complete
the present zoning requirements referred to in (a) above, or (ii) to
bring the Lots 17 and 18 property into the zoning compliance referred to
in (b) above, this variance shall thereupon terminate, by operation of law.
#
(e) Applicant's renovation of the premises shall be sub-
stantially as shown in Exhibit "A" (but with the off-loading area re-
located to have approximately 65 SF on Lot 17 near the street) and with
(090-87)
-6-
the floor spaces and uses described above, and crushed stone or equi-
valent surfacing on the travelled areas
13. Having made the necessary findings, this Board, by UNANIMOUS
vote, GRANTS to Applicant the requested VARIANCE under SECTIONS 139-
18A-D and I, 139-18F (l)(c), 139-19C, and 139-16F, limited by the con-
ditions noted herein and to be recorded against both Lots 17 and 18.
Dated: October lQ, 1987
Nantucket, MA 02554
~~
William R. Sherman
hh
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
o e.;t- -
19
, 19 <g'f
CERTIFICATE OF GRANTING
(Massachusetts General
ND/OR SPECIAL PERMIT
apter 40A, Section 11)
The BOARD OF APPEALS of the Town of Nantucket hereby certifies
that a Variance and/or Special Permit has been granted:
To: ru~\;~J1. ~ C~()t1t ((}tQ.~ l ~ ~/~
...o.0.cl j. .f'. . .oe b-'1(l- .' Owner/Aulicant. ~
Ad d re s s : Ph 4)$'1' <<T. I (2,,-, Id ,,22( tf'J(J yTtock 0'1--, VY1P4- 0 c5:s-t.{
the
rights of the Owne~/~p.~licant with
" Was~
_ co&:> L. e. .
respect to land or
t S :e.S orLr
neen Referenc~V~
~.
"'"
And the BOARD OF APPEALS further certifies that the attached Decisiot
is a true and correct copy of its Decision granting the Variance and/or
Special Permit and that copies of the Decision and of all plans referred t
in the Decision have been filed with the Planning Board and the Town C1er~
The BOARD OF APPEALS calls to the attention of the Owner/Applicant
that General Laws, Chapter 40A, Section 11 (last paragraph) provides
that no Variance and/or Special Permit, or any extension, modification or
renewal thereof, shall take effect until (a) a copy of the Decision is
certified by the Town Clerk that twenty days have elapsed after the
Decision has been filed in the office of the Town Clerk and no appeal has
been filed (or, if such appeal has been 'filed, that it has been dismissed
or denied) and (b) the certified copy is recorded in the Registry of Deed
for the County of Nantucket and indexed in the grantor index under the
name of the Owner of Record or is recorded and noted on the Owner's
. \
Certificate of Title. The fee for such recording or registering shall
be paid by the Owner/Applicant.
~/
~~~-
Chairman
A nJrPW ;/. ~J'Alr fl.
Clerk (
MAP 55.1.4
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CERTIFICATE NO: ~10 3 DATE ISSUED:
Application to the HISTORIC DISTRICT COMMISSION, Nantucket, Massachusetls, tor a
CERTIFICATE OF APPROPRIATENESS
for structural work.
. .. All blanks must be filled in using BLUE OR BLACK INK (no pencil) or marked NJA
NOTE: It la strongly recommended that the applicant be familiar with the HOC guidelines, Building with Nantuckef In Mind, prior to submittal of application,
Please see other side for submittal requirements. Incomplete appllcatlons wlll not be revIewed by the HOC.
This is a contractual agreement and must be filled out in ink. An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 of the Acts and
Resolves 01 Mass.. 1970. for proposed work as described herein and on plans. drawings and photographs accompanying this application and made a part hereof by raference.
The certificate Is valid for three years from data of issuance. No slrucle may differ from the approved application. Violation may impede Issuance of Certificate of Occupancy,
J ~ FOR Ol'FICE USE ONLY
PROPERTY DESCRIPTION ./} \ Date application received: f 1-70/06 Fea Paid: $-
.AXMAPNo:';G.I,4-!!fJ!:! PARCEL NO. ~ r, Must be acted on by: I 'qt7..(J,/6(o
Streel&NumberofProposedWork: 9r?gW>,J,'''Jf,1'I s~ef E><.f. Extendadto: T (
Owner 01 record: /1,..- /3/...14- pt<.x.ler Approved:
Mailing Address: t~7 Pel1.Ke '''e/1~ Chairman:
~ U-n').:1Y1 c"{" P~l> ft> Member:
Telephone: ~~8. t1.$. 5'1,16 (on island) 1#3. '172.' 71.'1 J (ofl island) Member:
AGENT INFORMATION (if applicable) Member:
Y;J.~A r- h/~
"
-,;" S ..wIt-. J-I ~/rr
fI,.,fl/ejif /1A
'elephone: !i "$ . 1.:/.~ . 11 S/J (on island)
Mailing Address:
sfwe-r
,,2-;; 1-
Notes - Co
Member:
Name:
C New Dwelling X Addition
%' Color Change = Fence
GJ Other (please specify)
Size of Slructure or Addition:
_~ Garage
= Gate
DESCRIPTION OF WORK TO BE PERFORMED
Sea reverse for required documentalion.
= Gerage/Apartment C Commercial = Historical Renovation = Deck
=: Paving pfJ Move Building = Demolition = Ravisions to pravious Cert. No.
)i'1Steps
o Shed
(off island)
Length:.!!>'''' Sq. Foolage 1st floor: t /1'" 1 t6Q',
Width: ]' ~.~ I Sq. footage 2nd floor: ~ 17'~ .771 e)luj.
~f;; Sq. foolage 3rd floor: 1: I "p~ iil _Jf's!'
Difference between exisling grade and proposed finish ~rade: North South
Height of ridge above final finish grade: North :t 132 . " ~ South r ~21. " ..
lIpditinnal Remarks I'rrtd
Decks:
Size: t,.t ;<11.- 1!lstfloor Q2ndffoor ',~H
Size:! ,~~.q-~ \11i1stfloor 02ndf\oor Hell
West
West
~ 31./;!J"
East
East
t'3'2'~t'
REVISIONS'
(do'Grlbe)
1 . East Elevation
Original Dale:
2. Soulh Elevation
3. Wesl Elevation
Historic Name:
Original Builder: 4. North Elevation
Is there an HDC survey form for this building? ;::: Yes 'it No 'CI ud 0 . dr' d b.t phot ph f . t' I t'
r 0 n. aWlngs an su ml ogra 5 0 eX1S tog e eva IOns.
tIlt DETAIL OF WPRK TO BE PERFORMED
Foundation: Height ~!,sed 1.' () ~ Block = Block ~ariled 3l Brick (type) 1'~1Ij,,1'ed = Poured Concrete 0 Piers
Maaonry Chimney: '-' Block parged '....' Brick (type) e,l(l '5t: Q Other
Roof Pitch: Main Mass_/12_SecondaryMass--'12- Donner --'12_ Other
Roofing material: A Asphalt Manufacturer eff(ld'>t1 f, Je.. rtf'/:>-cuY.
= Wood (Type: Rad Cedar, White Cedar. Shakes, etc.)
= Other Manufacturer
SkyJighl. (ftat only): Manufacturer e"'lsh~1
Manufacturer
Gutters: X Wood (type) 1'1:>-1,,-
Leaders (material and size): ~M CXIJ
Sidewall: J( White cedar shingles ~i.1h".t, -!-,
"
= Other
")tin,;",,.
Fenca: Height:
Type:
Length:
Rough Opening
Rough Opening
o Aluminum
Size
Location
Size
Location
= Copper
t-e.p/.u.ee:/
=:J Clapboard (exposure:
inches)
Front =
Side C
Trim: A. Wood
B. Treatmenl
C. Dimensions:
= Pine := Redwood
X Paint .... Stain-solid
Fascia"lt (!,Xl '!t.
X Cedar :] Other
= Natural to weather
Rake e,tC1 ~.
= Clear oil finish
Solfil (Overhang) aJtlJ'f. Corner boards ..xlsf.
Columns/Posts: Round _ Square -
Frieze
,.",.,ff.
'f( e;tlff.
40-' ,;,~
-f,,!.e ,
lluur.
iCl-J .
Window Casing Door Frame
Windows': X Double Hung = Casement -- All Wood :::; Other
)f. True Divided Lights(muntins) = SOL's (Simulated Divided Lights)
Ooors' (type and material): Front ;..I,,," p;lJf.../ Rear J.I,,,dl'1/~'J'J
.
Garage Door(s): Type - Material
Landscape malerlals: Driveways ~;osh" Walkways
. Note: Complete door and window schadules ara required.
'co/1~' ~t;k Side t/PI>dh/;>~f,
fX-/. &1",'7
Jrl..f.. t-Ylsh-:;
Walls
:=
Roof
Doors liD/. W~P/ 'rl&/ I
Fence Shutler.
I hereby authorize the agent named above to act on my behalf to make changes in the specifications or the plans contained in this applleallon in ordar to bring the
application Inlo compliance with the HOC guidelines. I hereby agree to abide by and comply wil the terms and conditions of this application. I hereby agree that the
submission of any revislon:to this application will initiate a new sixty-day review period.
Data t 1. M lIJ1' 't,pb 51 nalure of owner of record" 51 ned under enallias 01 e'u
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RECEIVED
BOARD OF ASSESSORS
Town of Nantucket
~lIG 1 0 Z006
TOWN OF
NANTUCKET, MA
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
PROPERTY OWNER '6 \&LKe S . U"e '>Gl-e.r
MAILING ADDRESS~u SClr~{.,. ~. A(~~ p. ~'I ~..so 1,0cJ:e",St-'J IJQht-vu..k..vJ"~~1
()I .- (!'t'H,) I i _ L.t (t )
PROPERTY LOCATION ~\ '8 lA..)c:lSV'I l VI C~TO V\.. ~} . U~ l t-l.
ASSESSORS MAP/PARCEL 5" 5, I . 4 - '1, 1 ~ 1.:L
APPLICANT Sarevl. ~ AI~-t/v- p.. L , bDY;- ).~q -I I l ~
. /
SEE ATTACHED PAGES
I certity that the foregoing is a list of 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, all as they appear on
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139,
Section 139-298 (2)
~, / ~ .:? {)I)C:,
D TE
~aPw
AS SSOR'S OFFICE
Town of Nantucket
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