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Home My WebLink About052-06 TOWN . OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554g Date: --1"1'" 0::" fWs-us+ ~ ~. f"' :'1" "'" := en c:::J , ~O~ -0 W To: Parties in Interest and Others concerned with the ~ -'DeclsTon of the BOARD OF APPEALS in the Application of €he following: Application No.: Owner/Applicant: >te:phe-n uJ ck::>Vlel:~1 Gev(pr Or cJf)/4::iU l ('O#).9~Sl\() ~ ~/\nf?6 Corlc9r,},mln I( )y() 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. ~.Anx action appealing the Decision must be brought by fiiing 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. AJ1![!f:Jf~~:::- cc: Town Clerk Planning Board ~uilding Commis~ioner 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. t, TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2FAlRGROUNDSROAD NANTUCKET, MASSACHUSETTS 02554 Assessors Map 80 Parcel 296.1 LUG-2 29A South Shore Ro&L Unit #1 Plan File 46BIPlan Bk. 25, Page 87 Deed Ref. 966/21 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P .M., Friday, July 14,2006 in the Conference Room, 2 Fairgrounds Road, Nantucket, Massachusetts, on the Application of the STEPHEN W. CHENEY, OWNER OF UNIT #1, COTTAGES IN THE PINES CONDOMINIUM, 8 Perry Lane, Nantucket, MA 02554 and c/o Lawrence Mannix, 127 River Ro&L Wilton, CT 06897, respectively, Board of Appeals File No. 052-06, the Board made the following Decision: 1. Applicant is seeking reliefby SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33A (alteration/extension of a pre-existing nonconforming structure/use). Applicant proposes to construct a new foundation under his existing single-family dwelling within the existing footprint without increasing the nonconforming ground cover, and increase the single-story structure to a two-story structure. The structure would continue to meet the front, rear and southerly side yard setback requirements and the nonconforming northerly side yard setback distance would not be made more nonconforming. The Locus is nonconforming as to lot size with the Lot containing about 50,020 square feet of area is a district that requires a minimum lot size of 80,000 square feet; as to setbacks with Unit #1 being sited as close as about 9.73 feet from the northerly side yard setback area and with Unit #4 being sited closer than ten feet from the westerly rear yard lot line in a district that requires a minimum setback of ten feet for undersized lots; as to ground cover with the Lot containing about 2,284 square feet in a district that allows a maximum of about 2,000.80 square feet (4%); and as to use with the Lot containing four separate dwelling units in a district that allows a maximum of two on one lot. All required parking would continue to be provided on site. See also BOA File Nos. 023-80, 104-88,054-01 and 047-04. The Premises is located at 29A SOUTH SHORE ROAD, UNIT #1, Assessor's Map 80, Parcel 292.1, Plan File 46B, Plan Book 25, Page 87. The property is zoned Limited-Use-General-2. 2. The Decision is based upon the Application and the material submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation, as the matter was not of planning concern. There was one letter on file from the owners of Unit #2, Unit #3 and Unit #4 that supported the alteration of Unit #1. One abutter spoke in favor of the proposal at the hearing. 3. The Applicant stated that the property as a whole was benefited by previous grants of Special Permit and Variance relief in the Decisions in BOA File Nos. 023-80, 104-88,054-01 and 047-04. The Locus is nonconforming as to the number of dwelling units allowed on one lot, having four separate single-family dwellings, in a district that allows a maximum of two. Though the proposed alteration to the subject structure would not increase the northerly side yard setback nonconformity, reliefis necessary to alter or expand any of the units due to the nonconformity related to the number of units. . ' Applicant is now before the Board to seek special permit relief in order to be able to increase the one-story dwelling to two stories. The first existing first floor would be raised up to fonn the second floor and a new first floor system would be constructed under it to expand the interior living space entirely within the existing footprint and without increasing the nonconforming ground cover. A new front porch would also be constructed but would not violate the front yard setback requirements and a new foundation would be constructed substantially on the same site as the existing foundation. The Historic District Commission (HDC) has approved the expansion in Certificate of Appropriateness No. 47,759. There would be no intensification of any of the other nonconformities and all of the required parking would continue to be provided on site. 4. Based upon the foregoing, the Board finds that the conversion of the one-story dwelling into a two-story dwelling on Unit # 1 as proposed by a grant of Special Permit relief would be consistent with other relief granted for the same property. The Board further finds that though there would be an increase of massing within the northerly required ten-foot side yard setback area, there would continue to be four separate dwelling units on the site with no increase of ground cover or any setback violation and said increase would not be substantially more detrimental to the neighborhood than the existing nonconforming situation. 5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by SPECIAL PERMIT under Zoning By-law Section 139-33A, to allow alteration and expansion of Unit #1 as proposed by the construction of conforming dormers on the second floor within the existing footprint, based upon the following conditions: a. The alterations and expansion are to be done in substantial compliance with the HDC Certificate of Appropriateness No. 47,759, as may be amended from time to time; b. There shall be no further expansion of Unit # I without further relief from this Board; and c. The structure shall be sited no closer to the northerly side yard lot line than it is presently located at about 9.50 feet. Dated: August ti, 2006 ~~ ~~~~ Ju.\w Micha .O'Mara ~7~ Burr Tupper . ole ~osrorf ~~ , TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS ~D PHONE 508-228-7215 TOWN CL!AK'S OFFICE FAX 508-228-7205 NANTUCKET, MA aetM NOTICE JUN 3 0 2006 TtME' 5 ~Lil~~ A Public Hearing of the NANTUCKET ZONING BOARD OF ~"S will be held ~ 1:00 P .M., FRIDAY, JULY 14, 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: STEPHEN W. CHENEY, OWNER OF UNIT #1, COTTAGES IN THE PINES CONDOMINIUM BOARD OF APPEALS FILE NO. 052-06 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33A (alteration/extension of a pre-existing nonconforming structure/use). Applicant proposes to construct a new foundation under his existing single-family dwelling within the existing footprint without increasing the nonconforming ground cover, and increase the single-story structure to a two-story structure. The structure would continue to meet the front, rear and southerly side yard setback requirements and the nonconforming northerly side yard setback distance would not be made more nonconforming. The Locus is nonconforming as to lot size with the Lot containing about 50,020 square feet of area is a district that requires a minimum lot size of 80,000 square feet; as to setbacks with Unit #1 being sited as close as about 9.73 feet from the northerly side yard setback area and with Unit #4 being sited closer than ten feet from the westerly rear yard lot line in a district that requires a minimum setback of ten feet for undersized lots; as to ground cover with the Lot containing about 2,284 square feet in a district that allows a maximum of about 2,000.80 square feet (4%); and as to use with the Lot containing four separate dwelling units in a district that allows a maximum of two on one lot. All required parking would continue to be provided on site. See also BOA File Nos. 023-80, 104-88,054-01 and 047-04. The Premises is located at 29A SOUTH SHORE ROAD, UNIT NO.1, Assessor's Map 80, Parcel 292.1, Plan File Plan Book 2w' P ge 87. The property is zoned Limited-Use-General-2. .-- ~ Dale Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. , . " , .\: -~, , , c 1 . t,.>" I .. .. fJ. . r NANTUCKET ZONING BOARD OF APPEALS ~ .. 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 APPLICATION FOR RELIEF CASE NO. () ~2~cI0 FEE~ $300.00 o 8~ ' ~ ~' ~ d " ::~::f.:~7~f~!=~;~pj;;i.~ih~i~-~~~~JJ~/~60 I CL ~0~V Mailing address: e p,;;;f {Me/ (i./(J/J - cb-r; /)1fr QZsstf Locus address: ;:(9 & MYh sl1CIT!-- IfOrx&, Assessor's MaplParcel: '50 !-x'iG.j Land Court PlanIPlan Book & PllgeIPlan ~ No,:~ i';-~ 1) t.I3/r-L ~ ?( ~Lot No,: Unt'r AJo. I Date lot acquired: U .:]'06 Deed Ref.lCert. of Title: 9fR. ~ I ;}...J Zoning District: l CiJ. - ;:L t Uses on Lot- Commercial: NoneK Yes (describe) . Residential: Number of dwellings-t- Duplex_ Apartments Rental Rooms , Building Date(s): All pre-date 7/72? K or C of O(s)? Building Permit Nos: Previous Zoning Board Application Nos.: 6;) State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of th;;~:;;'r;dS;;:7:,g~qa~~o~a:S,f~I~~~~ SeCh m Ii) 9- 33 fJ- I /) ~ ,J'o" ~ I - CiJi(1 {1,r;(I/CQOJL.e unde(' 'f11~ _PKd,'j4~(d(~'~'>:.;t;; ./)tV1, ,_ ~\M. ' ~ 5rhq I~. _ f'~~hr on& IDa u.tc! ('ciJI7JL//JLA:i '1-0 ~e;;, rJ ~ f' kiD y{ sJ feN, , u"- 19 /1/2J,IJfvcnr- fPcrcR tu:>>ld ,,"'- QUCXJIC{ ~~~r. !PrtI4~~(!1 Con'rfnvec VJJ k ~(CffldJon .1'/je. vkae_ are <-I C9wNfI r1 V/JI jLs- Of) 'Hv1 Cf1f!- · I certify that the in mation contal ed herein is substantially complete and true to the best of my knowledge, unde th . sand alties of perjury. SIGNATURE: Applicant ~orneyl Agent (If not owner or owne rney, please enclose proof of agency to bring this matter before the Board) FOR ZB~ <)FFICE USE Application received on:JQJ f' fXR.- By: I!? Jll Complete: Need copies?: I Filed with Town Clerk: D2-1 2QI @i1lnnl~g :;;; ~ Bnlldlng flept,: _,2 B.f.(/2J:iJ Fee deposited with Town Treasnrer: (Sy ;b,C(QBy: - . . aiver requested?:_Granted:_I_I- Hearing notice posted with Town Clerk: f0~fcWM.i1ed:::ZJ3~J~1&M: U; I Z1r l1p.& 2J LI C({, Hearing(s) held on:_'_'_ Opened on:_I_I_ Continued to:-'_I_ Withdrawn?:_I_/_ DECISION DUE BY:_'_'_ Made:_I_I_ Filed wrrown Clerk:_I_/_Mailed:_I_I_ Town of Nantucket Web GIS - Printable Map Page 1 of2 Town of Nantucket Web GIS ~,_ I .iJ/ Sale Date sale Price Book/Page Lot Size 80 296.1 29A S SHORE RD CHENEY STEPHEN W 8 PERRY LANE NANTUCKET, MA 02554 07/07/2005 $550,000 00966/0021 o acres NOT A LEGAL DOCUMENT (:=) 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. 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I"" , '1 BOOK TOWN 7 1 3 PAGE 0 090 OF NANTUCKET /" BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: Augus-t d2J()..;, 200 t To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Owner/Applicant: O~'1-0/ !- Itw AA A) ~ s. m 4A.Jlulx... 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 complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. 9 ~ -Iz OJ>- (M.~~A~ ,A)o.Jy1~ 5, ' enai~:n I ;0...... :>:: e; c::> N ,>4 :::0 rn o rn < m CJ -0 W h:. \Jl 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 NANTUCK~T ZONING BOARD OF APPEALS, /- I / BOOK 7 1 3 PAGE 0091 NANTUCKET WNlNG BOARD OF APPEALS '1 East Chestnut Street Nautucket, Maaaacbusetts 02~ Assessor's Map 80 Parcel 293,3 LUQ..2 29C South Shore Road Unit No.3, Plan Flk 46-B Deed Ref 679/82 At a Public Hearing of the Nantucket Zoning Board of Appeals held lit 1:00 P,M., Friday, August 10,2001, in the Conference Room, Town Annex Building, 37 Washington Street, Nantuelret, Massachusetts, on the Application of LAWRENCE S, MANNIX. ofl27 River Road, Wilton, cr, 06897, Board of Appeals File No. 054-01, the Board made the following Decision: 1. Applicant is llOCking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-33A (alteration/expansion of a prrrexisting nonconforming uselstIUcture), Applicant proposes to demolish Unit No.3, ooe (1) of four (4) single-family dwellings located 0111 single lot, when a maximum of two (2) are allowed, and reconstruCt a new single-family dwelling on substantially the same footprint. Tho Lot is nonconforming as to ground cover with the Lot containing about 2,284 square feet, in a district that allows a maximum ground cover of4"0, or about 2.,000,80 square feet. The existing dwelling, conforming as to all setback requirements, is about 818 square feet and the new structure would have a maximum ground cover of about 816 square feet. All parldng for the units is provided on site and will continue to be provided on site. The Locus is also nonconforming as to lot size, with the Lot coDtaining about 50,020 square feet of area in a district that requires a tttinimnm lot size of 80,000 square feet; and as to setbacks, with Unit No. 1 being sited within the required I5-foot northerly side yard setback area, and with Unit No, 4 being sited within the required I5-foot westerly rear yard setback area, In the a.ltemative, Applicant is seeking relicfby Variance under Nantucket Zoning Bylaw Section 139-16A to complete the project as propo9Od. See also BOA File Nos. 023-80 and 1 Q<HS8, The Premises is located at 29C soum SHORE ROAD, A!lBessor's Map 80, Parcel 293,3, Unit No.3, Plan File 46-B, The property is zoned Umited-Use-Gencral-2. 2, The Decision is based upon the Applicatioo and matc:rials submincd with it and the testimony and evideIwe presented 11 the hearings. The Planning Board made no recommendation. There were no lcucrs on file in filvor or opposed. CouusclI1 the hearing representing the abutter to the north expressed support fur the project. Hmwver. he also litaLod tllA1 there wa:; oonCCID thal the owner of Unit No. ) WlIS using a portion of his property as a driveway and was possibly parlcing OIl the rear of the abutter' B property, He asked Wt my grmt of relief cootaiD a,oopdihnn that all puking ad access be coutained soJcly within the subject property. Another abutter presen111 the hearing spoke in favor of the proposed project and stated that it would be a snbsta:ntial improvement to l__~ I I I / BOOK 713 PAGE0092 (054-01 ) the neighborhood. There were letters from the other three (3) condominium owners on file stating their support as weI1. 3, Applicant represented that he wished to demolish his single-family dwelling, one (1) of four (4) on a single lot, and reconstrua a new single-family dwelling. The structure currently meets all setback requirements and the new structure would be sited substantially on the same footprint. All parking is provided on site, The nonconformities associated with the other units would not be impacted by this project, The Locus is nonconforming as to ground cover ratio with the Lot containing about 4.560/0 in a district that allows a maximum ground cover of 4% for this undersi.zcd about 50,020 square-foot Lot. The new dwelling would decrease the ground cover, lessening the nonconformity, as the 8Xisting house is about 818 square feet and the new hoWlC would be about 816 square foot, Applicant represented, and the Decision in BOA File No, 023-80 supports this fact, that at least three (3) of the units were const:ructed prior to the 1972 enactmel1t of the Zoning Bylaw, and were thus grandfathered, with the fowth being constructed in 1986 on II foundation that pre-dated aid enactDlCl1t, byvirtuc ofa grant ofVarimce relieffrom this Board. There would continue to be fom separate units on the Lot 4, Therefore, based upon the foregoing, the Board finds that Special Permit relief is available for this demolition and recoost:ruction of the sin~family dwelling IS none of the existing nonconfurmi1ies on the Locus would be increased and in fact the nOlWOnforming ground cover ratio would be reduced. In addition, the Board finds that the Applicant does not give up the grandfiathered status of the multiple dwelling units with the demolition and reconstruetion of said dwelling. The Board further finds that Variance reliefis not necessary in the alternative to complete the,project as proposed. The demolition and reconstruction of a new single-f.&mily dwelling would be a benefit to the neighboIhood and the Board finds that said project would not be substantially more detrimcnta1 to the neighboIhood than the existing nonconformities. 5, Accordingly, by a unanimous vote, the Board GRANTS the requested rdiefby SPECIAL PERMIT under Nantucket Zoning Bylaw Section 1 39-33A to allow the proposed demolition and reoonstruCtion of one (1) of four (4) single-family dwcIlings on II single lot, with a maximum ground cover of the new dwelling to be about 816 square feet, and constructed in conformance with setback requirements, upon the following conditions: a, All parldng for all of the units shall be provided entirely on site; b. The structure shall be constructed in substautinl conformance with the Certificate of Appropriateness No, ~ l"ZL>issued by the Nantucket Historic Commission, as may be amended; and "- " .., / (054-01) BOOK 713 PAGE0093 c, The stmcture shall be constIUCted in substantial confurmance with the site plan done by Charles W, Hart, dated January 23,1995, I modified and reduced copy of which is attached hereto and marked as Exhibit A \u.~ ~ kh~ ~ ~ (J (J~ ~ Dale W. Wain Dated: August~ 2001 '\ - .... C. Richard Loftin Edward Murphy I CEtWY nv. T ::::> DA Y':i H^ VP. flh"SE:l 1\r""""iTlt ~:llifJ.::cI:;!ON 1rl"/..s ;~1U:~J n; rriE O}f!(:~ c.\} ~ili ~ ~;/':N '.J..rm.z. AI;) T:':AT !\.) 11..Ff'::',\L} ;~...~ j-:i'-'_.~'f ~'iL:'.i_\ f~..:~.su..~.rr"1'O G;u\a:'J...lt~~:'$ C.\ ~~:'::~C.:J : I '^, .~ '. .' ~ ~,~ ~ '11,i . ~3 i - ; , ~i:;lj"~~; 5hll2 ~......, i ~. ~: I;". ~~~i"~ ~h 1~1;li~I:~; II!I; ~L 11 .Im fj~l'l:f..j H 11;1. 1 ' I s ,1 15'.1. z!1~.. $I~t rf:!ilf!kiljlJI I HI} zhfd;fld~ H ! U h, 'h . , f.. ' , Hf1 nfUr!f,!d!U i J t j ~ If ( b~~ll 'J ~fHd J C'l., q.-oo- "0-0 lis "'~~Os ""~ t...,.::::.." .~,-......... 'C~,ql. ~~ 111 ~ lit . . ~ /i~ .. i /3) i ~ i , oS .1/ . ; -: 'j I. Q ri :z; -< ..l II w } 111 :z; i e>; Q: 11 Z . w ; 0 j~;: .;;!! "" ~ it[ ~ Z '-t:O. ~ z~-2 ::> II> ~Jj g ~ ~ Ill' ~ -< f" o /'1: 6 Ii -"" .'---- - '-- -'-~~- .8:1;;-.;..!f-, .. .' 8 ,",l.u .~. .....:.- ..~..,.,;. ) -...-- - 0:1 = = ;:J': -.} ~ ~ ~ 1> C" rn o o ~ ... ~. ~ /;-~ NantUfO~ coun~O~)ived & Ent;~~5' Oate:;)t..!" 1 4 Tlme,~_ Mt8St: 'r-- -a.d.&, Rllol!1ei oiDQeds EnJ nt __ lll:HrUII\e1l,( '- " l__ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ~YJ2YY\W \0 , 20 Or.;. To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Appl ication No.: Olf 7,0 Y Owner/Applicant: ~)C;:Bcrh ~. me 4uee:rj ) CCvItr ~ Un, '1--#=2.. I ('~f,~ In -rv,~ pt'n~s C.o(\ dJ(f) OJI ~1/'( ) m 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 as to be received within such TWENTY (20) days. 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. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET,'MASSACHUSETTS 02554 Assessors Map 80 Parcel 296.2 LUG-2 29B South Shore Road, Unit #2 Plan File 46B/Plan Bk. 25, Page 87 Deed Ref. 466/113 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M., Friday, August 13,2004, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the JOSEPH E. MCA VEETY, OWNER OF UNIT #2, COTTAGES IN THE PINES CONDOMINIUM, 29B South Shore Road, Nantucket, MA 02554, Board of Appeals File No. 047-04, the Board made the following Decision: 1. Applicant is seeking a relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33A (alteration/extension ofa pre-existing nonconforming structure/use). Applicant proposes to construct a new conforming second-floor dormer on both the front and rear of his single-family dwelling within the existing footprint without increasing the nonconforming ground cover. The Locus is nonconforming as to lot size with the Lot containing about 50,020 square feet of area is a district that requires a minimum lot size of 80,000 square feet; as to setbacks with Unit #1 being sited within the required 15-foot northerly side yard setback area and with Unit #4 being sited closer than 15 feet from the westerly side yard lot line; as to ground cover with the Lot containing about 2,284 square feet in a district that allows a maximum of about 2,000.80 square feet (4%); and as to use with the Lot containing four separate dwelling units in a district that allows a maximum of two on one lot. All required parking would continue to be provided on site. See also BOA File Nos. 023-80, 104-88 and 054-01. The Premises is located at 29B SOUTH SHORE ROAD, UNIT NO.2, Assessor's Map 80, Parcel 292.2, Plan File 46B, Plan Book 25, Page 87. The property is zoned Limited-Use-General-2. 2. The Decision is based upon the Application and the material submitted with it and the testimony and evidence presented at the Hearing, The Planning Board made no recommendation, as the matter was not of planning concern. There were three letters on file from the owners of Unit #1, Unit #3 and Unit #4 that supported the alteration of Unit #2. One abutter spoke in favor of the proposal at the hearing. 3. The Applicant, through his representative, stated that the property as a whole was benefited by previous grants of Special Permit and Variance relief in the Decisions in BOA File Nos. 023-80, 104-88, and 054-01. The Locus is nonconforming as to the number of dwelling units allowed on one lot, having four separate single-family dwellings, in a district that allows a maximum of two. Though the proposed alteration to the subject structure is conforming, relief is necessary to alter or expand any of the units due to the nonconforming number of units. Applicant is now before the Board to ask to be able to construct conforming second-floor dormers to expand the interior living space entirely within the existing footprint without increasing ground cover. The Historic District Commission (lIDC) has approved the expansion in Certificate of Appropriateness No. 43,926. There would be no intensification of any of the other ~ ~ nonconformities or expansion of ground cover. All of the required parking would continue to be provided on site. 4. Based upon the foregoing, the Board finds that the construction of conforming second floor dormers on Unit #2 by a grant of Special Permit relief would not be substantially more detrimental to the neighborhood than the existing nonconforming situation. The Board further finds that there would be no increase of any of the existing nonconformities, as there would continue to be four separate dwelling units on the site and no increase of ground cover or any setback violation. 5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by SPECIAL PERMIT under Zoning By-law Section 139-33A, to allow alteration and expansion of Unit #2 by the construction of conforming dormers on the second floor within the existing footprint, based upon the condition that the alterations and expansion are done in substantial compliance with the HDC Certificate of Appropriateness No. 43,926, as may be amended. . \ {JP-1 C. Richard Loftin '/; ~~~ 001 aine MiChael;i:~ .~ C ! .' ,'- ' '. ' . TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSE'ITS 02554 \ July 7 , 1989 File No. (104-89) To: Parties in interest and others Re: Decision in the Application of CHRISTINE M. CUNNINGHAM (SUBSTITUTE DECISION) Enclosed is the decision of the Board of Appeals which has this day been filed with 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 court within twenty (20) days after this 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. (jJtfMm41/ rrrtrpu.otYl William R. Sherman, Chairman --- cc: Building Commissioner Planning Board Town Clerk r .. I. i ~ BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 After a public hearing concluded on Friday, November 18, 1988 at 1:00 P.M. at the Town and County Building, Nantucket, on the Appl ication (104 - 8 8) of CHRI STINE M. CUNNINGHAM, Trustee of WHITE TRUST, and pursuant to proceedings in an appeal from the decision of the Board of Appeals in Land Court Case No. 131070 Misc., the Board hereby enters the following substitute DECISION: 1 . The Appl icant seeks a var iance from the 80,000 square feet minimum lot size requirement under Nantucket zoning Bylaw Section 139-16.A, to validate her 50,023 square foot lot after its August 28, 1980 conveyance into ownership separate from adjacent land, pursuant to a plan (Nantucket Deeds Plan Book 20, Page 120) which showed the Applicant's lot (Lot 22) as separated from such adjacent land by a strip of land, 30 feet wide, designated thereon as "Town of Nantucket Sewer Easement a/k/a Sewer Beds Road". The Applicant's land is located at 29 South Shore Road, Assessor's Parcel 80296, and is zoned as Limited Use General - 2. . 2. Our findings are based upon the Application and supporting papers, including the plan in Plan Book 20, Page 120, which was endorsed as "approval not required" 'by the Nantucket Planning Board on February 7, 1977; and also upon viewing, photoprints, representations and testimony recei~ed at our hearing. 3. We find that, prior to the August 28, 1980 conveyance of Lot 22 , it was held in common ownership wi th Lot 21 on said plan, which conta i ned 78, 129 square feet. The record is not clear as to why the Planning Board endorsed the plan in Plan Book 20, Page 120, but the endorsement carries the legend "Lots 21 & 22, as shown, have insufficient area and Lots 21, as shown, have insufficient frontage to comply with present zoning requirements." 4. This case hinges upon the question of whether the easement "a/k/a Sewer Beds Road" constituted a street within the meaning of the Nantucket zoning by-law at the time of ,the August 28, 1980 conveyance which placed Lots 21 and 22 in separate ownership. If this easement constituted a street, as the Applicant urges, Lot 22 was already a separate lot for zoning purposes, under the by-law definition of "lot" as a parcel of land in single ownership and not divided by a street. "Street" is defined as "a publ ic or pr i vate way on record at the Registry of Deeds which affords a financial means of adequate access to abutting property or a way shown on a subdivision plan duly approved or endorsed by the Planning Board under the Subdivision Control Law. " 5. There was some evidence presented at our publ ic hearing that Sewer Beds Road was used for access to abutting property at and before the time of endorsement of the "ANR" plan and conveyance of Lot 22, but subsequently has been blocked off. 6. In our prior case 023-80, the Board of Appeals granted a variance to enable construction of a fourth cottage on Lot 22 on a foundation completed pursuant to an approval pre- dating the 1972 adoption of the Nantucket zoning bylaw, completion having been put off for financial reasons. This fourth cottage has now been completed pursuant to a bui lding permit issued on October 2, 1982, and a Certificate of Occupancy was issued on November 4, 1988. 7. Neighbors expressed concern at our public hearing as to the use of the four cottages on Lot 22. Mindful that, if the Applicant were successful in her claim in the pending Land Court action that no zoning violation exists upon the premises, this Board would be unable to impose any conditions which would limit and mitigate the activities complained of at our hearing, we have reconsidered our earlier denial of relief and grant the var iance requested by the Appl icant, upon conditions set forth below. 8. The conditions of the relief hereby granted are: (a) Each of the four cottages upon Lot 22 shall be used solely as single-family dwellings; (b) All uses upon Lot 22 shall comply with the require- ments of Nantucket Zoning By-law section 139-20 notably the prohibition of excessive noise; motor (c) vehicle No disabled, dismantled, inoperative or unregistered shall be stored or kept upon the premises; and (d) Not more than two of the cottages upon Lot 22 may be seasonally rented at any time. 9. We find that, owing to circumstances relating to the shape or topography of Lot 22 (consisting of the circumstance and location of the putative "Sewer Beds Road"), and especially affecting Lot 22 but not affecting generally the zoning district in which Lot 22 is located, a literal enforcement of the bylaw would involve substantial hardship to the Applicant in that she is otherwise potentially deprived of the marketability of her Lot 22 unless she is able to acquire additional adjacent land to conform to the minimum lot size requirement of the by-law. We further find that desirable relief as requested may be granted wi thout substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the by-law, in that the imposition of the co<nditions herein will mitigate some of the objectionable features of an existing nonconforming use which is itself protected from enforcement. ~ ~ 10. Accordingly, we grant the requested relief by VARIANCE from the minimum lot size request of the by-law, upon the conditions herein stated, by a UNANIMOUS vote. W/,J #------- william R. Sherman Dated: ~' 1989 t.. ~~'"-~ ~_\-- C. Mar hall Beale ct1vn M. f0- Ann G. Balas 2;;2~ ./ .TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET. MASSACHUSETTS 02554 Date: July 7 , 19 89 CERTIFICATE OF GRANTING OF VARIANCE X~~~ (Massachusetts General Laws. Chapter 40A. Section 11) The BOARD OF APPEALS of the Town of Nantucket hereby certifies that a Variance ~)(9::~KKXXRillf)6XX has been granted,: To: 104-88 - Substitute Decision (Owner/Applicant) Address: Cliff Road, Nantucket, MA 02554 affecting the rights of the Owner/Applicant with respect to land or buildings at 29 South Shore Road, Assessor's Parcel 80296, Plan Book 20 Page 120, Lots 21 and 22 Deed Reference And the BOARD OF APPEALS further certifies that the attached Decisio i sat rue and cor r e c t cop y 0 fit s De cis ion g ran tin g the Va ria n c e ~~4:;(iln{ ~l~~~~~~and that copies of the Decision and of all plans referred in the Decision have been filed with the Planning Board and the Town Clcr 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 ~~KX~~~KXXXX~~~~, 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 Dcccl 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 Ti t 1 e . The fee for such,re-e-O-r,.d.i n g or register i n g sho 11 be paid by the Owner/Applicant. / /,~~/ L- Chairman ........ \I Ii I z..lQ BCWm OF APPEAlS Nantucket, Massachusetts Dc!} 3- ~O I IE:ISICN: I I At a regular Jll3eting of the Board of 1>.ppeals held Friday, July 25, 1980, at 3: 00 p.m., at the Town and Camty Building, in the matter of the awlication of .JFJ\N EN:6 (023-80), after due deliberation, the Board fcum: 1. '!his is a petition for relief fran SECTIGl V, nr!'ENSITY REGlJIATICNS, of the By-laW in order to permit the oonstructioo of I; a dwelling halse on a lot kn:7Nn as IDt 22 located 00 south Sl'YJre ~ and zooed WH-II. The lot consists of 50,023 square feet of 1arrl and presently CXl'1tains three (3) existing snall cottages. '!he Petitioner wishes to constIUCt a fourth cottage 00 this pro- perty on an existing concrete fourrlation. 2. The Petitioner has owned this property since 1966 and has constructed the t'l1ree existi.rv; ~llings with his own later arrl materials. The Petitioner planned to Mld a foorth ~lling arrl received awroval for this dwelling fran the Historic District Carmission on February 29, 1972. He received an extension of this certificate on January 19, 1973. He was unable to carplete nore than the f~tion due to financial difficulties, and in the ensuing years the prq>erty was placed in the I1Xi-II zoning district. In addition to the concrete foundation, the peti Honer has installed a dual septic system serving all the proposed ~llings on the p~, which has t.een awroved by the Health Inspector on that basis that the small cottages pose 00 septic prdJlans. 3. The Board finds that the Petitioner has consistently planned to ccrrplete the remaini.n9' cottage sioce his original awlication in 1972 before the idcption of the zooing by-law, an:i that he ~uld suffer a ~erlUine hardship if prevented fran doing so. The exisi ting oonstroctian on the property is unique an:l the lot shares certain features which are not ~~,""lLlal to other prq:erty within this zoning district. For the reasons set forth, the application for relief fran Sectioo V is granted by unanim:>us vote to permit the constrUctioo of one final dwelling l"oJ,se upa1 the existing foundation on I.Dt. 22 00 Sa.lth Sta:'e ~. ~~L~ _ _ ~ ~. CF APPEALS ~ ,\,\\~ ~ \.~~~ ~~ ~~~~ I \..-., " , ((' " Ii/" ~- ,y / \... /) /f. ./' ~ I, -~ ") Jo, copy , oJ 0", I 1/"'1 1,1 (l- I / i j ~~.. (., v r I , ') It, "t. ....., ..~.". l t, ~1':;) // / (\ I,) I '\) 1al"'. ~~ "~ :~ o~ ~, ()~ (I)(\, v \-, ~ ~ ~ III II) '\ ~ ~ "' '\ ~ ~ o ~ o k , \ s* \ G." ,'-\ .5""~ I ) ~ r-:- \, ' ..' , 1/ , ".'(..... , ;~ !"-~~.. ,J>-~3- S GB" 5.3' Z3'"'€ -+- ./00.8e 0/'" ---- I iI I ,'~ "A"ffl ,CI.: _::~_,_~.1-~!'?:_H___- . ~\ < \. " ft f ~ "---, :',,:'~ ~y / ---------- ~ '~o/.... \\ / ~~ ._ __ - "1' ,It: /1~ ", .' 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I / ~ ~ ,00<,< ~ ~( "'-".~,,~ .;.._~ CERTIFICATE NO 47151, DATE ISSUED Application to the HIS,.pRIC DISTRICT COMMISSION, Nantucket, Massechusens, for a CERTIFICATE OF APPROPRIATENESS / for structural work, AlJ'blan_kEITlusrbe 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 HOC guidelines, Building wlfh Nantucket In Mind, prior to subm,"al of application, Please see other side for submittal requirements, Incomplete applications will not be reviewed by the HOC, This IS a contractual agreement and must be filled out In ink, An appiication IS hereby made for Issuance of a Certificale of Appropflaleness under Chapter 395 of the Acts and Resolves of Mass.. 1970, for proposed work as descflbed herein and on plans, draWings and photographs accompanYing this application and made a pan hereof by reference Tne cend,cate IS valid for three years from date of Issuance No structure may differ from the approved application, Violation may impede issuance of Certificate of Occupancy ~/2(. / (/0 PROPERTY DESCRIPTION TAX MAP NO: go PARCEL NO J. '1 r, Street & Number of Proposed Work :).. '1 A SOv; >1 S "I C> I? L Owner of record S. 7 t - V L (' J / (. v t '"/ Mailing Address 2 P ( , '" '/ 'A v L- V...\U1V('("....tt.f O,ll 02 <, ':;-'/ F-'D Date application received: Must be acted on by: Extended to: Approved' FOR OTCE USE ONLY --7- I J I () 0' Fee Paid' I . I 41 y; 10,- I I $ .5..!l--. Chairman' Telephone' G {(/- <"/0,,- (on island) (off Island) Member: Mamber: Member: Membar: AGENT INFORMATION (If applicable) Name 6 ?c A Mailing Address' J.. r:.. D CJ " D s., '\1 .t. I, Jr ~ t I 0/.1 O,ll, \'/ Telepnone J 1..8 ~ 7 J '2 (on Island) ______ (off Island) New Dwelling :v'Additlon COlor Change = Fence Other (please specify) h () 0 :..J Garage Gate S c' (OU () DESCRIPTION OF WORK TO BE PERFORME See reverse tor required documentation. -::: Garage/Apartment 0 CommerCial 0 Historical Renovation 0 Deck ~ Paving =' Move BUilding D Demolition D ReviSions to prevIous Cen, No F (OaR ,--")l) ty, ~ 7'06> ,-J Steps = Shed Size 01 Structure or Addition Length Width' Decks: Size: Size: = 1 st floor c:J 2nd floor [' 1 st floor D 2nd floor Sq Footage 1 st floor Sq. footage 2nd floor' Sq, lootage 3rd floor Oltlerenee between eXisting grade and proposed finish grade: North Helgnf of ridge above final finish grade: North AdditIonal Remarks South East " " West South East West Histone Name -~.,,'. ';f'.~ REVISIONS' 1 East Elevatl09 (~~~~IiQiJ';'2'S'Ou'itfEi;:a;;;--"" ,2, ,_'."l" Onglnal Date 3, West Eleyation anginal BUilder North Elevation IS there an HOC survey form for thiS building? _., Yes .Cloud on drawings and submit ~hotOgraphs of eXisting elevatlons DETAIL OF WORK TO BE PERFORMED ' I=oundatlon: Height Exposed }2 II = Block =-= Block Parged CJ Brick (type) !0'Poured Concrete Masonry Chimney _ Block Parged :=: Brick (type) Cather Roof Pilch: Main Mass ~/12_ Secondary Mass ~/12_ Dormer --6..112_ Other Roofing metenal VAsphalt Manufacturer I"' 0, {,RiJ'( \ ., JIll,". t: ~/ So' ''''(~ ..(N 0 = Piers Fence: Height: \ ~ Fiberglass Manufacturer Wood (Type: Red Cedar. White Cedar, Shakes. etc.) Skylights (flat only) Manufacturer Model No, Length Type: Size Size Loca lion Loca tion :J Copper Manufacturer Guners ~ Wood (type) Leaders (material and slze)_ Sloewall ~hlte cedar shingles ::::,Other Model No, Aluminum ..= Clapboard (exposure: Inches) F rant only T rim Lumber type Treatment ~ine ~aint :J Redwood := Cedar = Other = Staln.soiid ,. Natural to weather DimenSIons: FascIa Frieze (; '. Rake Window CasIng ~ =- Clear oil finish A' Soffit (Overhang) Door F rsme ~ " Corner boards if /f Posts Round _ Square 6',6_ . Windows ?Double Hung Casement _ All Wood _~ Other firue DIVided lights(munt'ns) SOL's (Simulated Divided lightS) , Doors (type and material) Front 9 L / ("" i 1,-,-, DO D - t ,I ,; ; ,IV (, Rear Au D C r.?, Lvi I ,,- L I c.,.itr Side Garage Door(s) Type Material Larldscape matenals Driveways . Note Complete door and WIndow schedules are required Walkweys Walls COLORS "J.'-4 -, vC l4.l Clapboard (It applicable) Sash Foundation ~J /\ , '-.../' (( A L Roof I f< u. G Ie 11 ,( ", " 4 G ;, Doors IV A I.J ; v (lA L I (( L ' G Sidewall l.)"; '-.J Q /), c. Tnm \:.......,. ,I t Deck Fence Shuffers , Anach ma~ufi'ctui'er's color samples I hereby authorize the agenf named above to act on my behal1 to make changes in the application Into compliance with the HOC guidelines, I hereby agree to abide by and submiSSion of any levisions to this'application will initiale a new sixty-day review peri d, ification r the plans contained in this application In order to bring the e terms and conditions of this application, I hereby agree that the tIE A A I ~~.~~"~~ ""... I Cheney . "'" ,.. - _~_______~____.._ n_ ____ -----..-- .-~-~--- i ..~ ~ . ~ ~. 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'l/- u"- ~' /'~---, / J ~ -< ~ I-~; ~__nl @J @J .O'fl .,. ,~ ~ I ~ I -----"< L L r r 11 .(J-fl @J I ---'Ie- I I I II@! bl .cOJ "i ~v 8 ~ ~ - <./1 ~ 0 z 0 0 \.J 0 f= z J: CL. ~ U a::: z w U x ~ '<./1 ~ W LL I ,I I I I[ i ! : I I iT5 @! ----iriL=f~~: ~ ~ Bk: 00966 Pg: 21 CONDOMINIUM QUITCLAIM DEED 1111lI."1 Bk: 968 Pg: 21 Page:' of 3 Doc: UOO 07/07/2006 03:02 PM BLUEFISH PROPERTIES, LLC, a Massachusetts Domestic Limited Liability Compan); having a mailing address of9 Carver Road, Newton, Massachusetts 02461, for consideration paid and in full consideration of FIVE HUNDRED FIFTY THOUSAND DOLLARS ($550,000.00), does hereby grant to STEPHEN W. CHENEY, of8 Perry Lane, Nantucket, Massachusetts 02554, with QillTCLAlM COVENANTS, That certain condominium unit located in Town and County of Nantucket, Commonwealth of Massachusetts, now known and numbered as 29 South Shore Road, being Unit No. I, (the "Unit") of Cottages in the Pines Condominium (the "Condominium), having an address of 29A South Shore Road, Nantucket, MA, and created pursuant to Chapter 183A of the Massachusetts General Laws (the "Act") by Master Deed dated February 14, 1995 and recorded with Nantucket Registry of Deeds in Book 466, Page 49, as amended (the "Master Deed"), together with (a) an 23% undivided percentage interest in both the common areas and facilities of the Condominium, (b) the exclusive right to use the Exclusive Easement Area(s), parking space(s) and storage area(s), if any, assigned to the Unit, and (c) such other rights and easements appurtenant to the Unit as may be set forth in any document governing the opemtion of the Condominium, including without limitation the Master Deed, the By-Laws of the organization of unit owners, and any administrative rules and regulations adopted pursuant thereto, the budget for common expenses, and all unit plans and site plans. The Condominium is shown on plans recorded with the Nantucket Registry of Deeds in Plan Book 25, Page 87, For title see deed recorded in Book 788, Page 199, The Unit is subject to the following matters: 1) All terms, provisions, covenants, conditions restrictions, easements reservations, rights of access to units, charges and assessments. all as set forth in the Master Deed, 2) All terms and provisions of the Declaration of Trust of the Cottages at the Pines Condominium, dated February 11, 1995 and recorded in Book 466, Page 59, 3) Terms and provisions of Chapter 183A of Massachusetts General Laws, as amended, 4) Order of Taking by the Town of Nantucket for sewer purposes, dated August 12, 1981 and recorded in Book 185, Page 6, 5) Order of Taking by the Town of Nantucket for layout of South Shore Road, dated January 12, 1983 and recorded in Book 197, Page 172, 6) Provisions of Variance granted by from the Nantucket Board of Appeals, as evidenced by a Certificate of Granting dated July 7,1989 and recorded in Book 329, Page 152, Condominium Quitclaim Deed Bluefish Properties, LLC to Cheney Page 2 Bk: 00966 Pg: 22 WITNESS my hand and seal this ~daY of July 2005. Nantucket,5s, By: 1 ~~ COMMONWEAL TH OF MASSACHUSETTS On thisl day of July 2005, before me, the undersigned notary public, personally appeared 1. Patricia Rossin, as Manager of Bluefish Properties, LLC, proved to me through satisfactory evidence of identification, which was personal knowledge of the Wldersigned, to be the person whose name is signed on the preceding docwnent, and acknowledged to me that they signed it voluntBrily for its stated PUIp05e. /7 /'J / ___ apply stamp . ~~ Paul S. Jensen, Notary Public My Commission Expires 7/1212007 MA98AOHUSETT8 ae TAX ~ Nantuoket Oounty 0 '1 e 001 Date: 0710712 03:02 PM OtM' >45 4<486 DooI ??oo2425 F..: 12. ,00 Con.: 1660,000,00 I NAN1\JCICET \.AND BANK CERTlACATE ~$ II, (}()().OO O~ ONarHlppllc'" Bk: 00966 Pg: 23 ~ ~ ~ f!fi J~!!/tIw(j~ JtaLe- ::11:Ott&e~ [jJ~, ./1.1as.uukt&ettJ; 021SJ WUIiam Francis Galvin Sec:retary of the Commonwealth May 18, 2005 TO WHOM IT MAY CONCERN: I hereby certify that a certificate of organization of a Limited Liability Company was filed in this office by BLL'EFlSll PROPERTIES, LLC in accordance with the provisions of Massachusetts General Laws Chapter 156C on October 8, 2002. I fwther certify that said limited liability Company has filed all annual reports due and paid all fees with respect to such reports; that said Limited Liability Company bas not filed a certificate of cancellation or withdrawal; and that, said Limited liability Company is in good standing with this office. I also certify that the names of all managers listed in the most recent filing are: JACK E. ROSSIN, I. PATRICIA ROSSIN I further certify, the names of all persons authorized to execute docWDenls filed with this office and listed in the most recent filing are: JACK E. ROSSIN, I. PARTRICIA ROSSIN The names of all persons authorized to act with respect to real property listed in the most recent filing are: JACK E. ROSSIN, L PATRICIA ROSSIN ' In testimony of which, I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. ,.-..."~.." , /JA' ~. ~, '. '. ' >~~ ..1 Secretary of the Commohwealtb ~ il ~~ !! r- -,{ ~.. it;, :v.i (I. ... ~ ~ III t'c ~ ,~ .. ~ '-f 1 J , .;,.... ;,. .'=:' ~~.; .oor0466~"1 049 MASTER DEED OF THE ~F..s IN THE PINES rrnrnnMINHM (a) Creation of Condominium CHRISTINE WHITE-CUNNINGHAM, (forlDerly CHRISTINE M, WHITE) Trustee of WHITE TRUST under Declaration of Trust dated December 21, 1976, recorded with Middlesex South District Deeds in Book 13115, Page 192, a copy of which has been recorded with Nantucket Deeds in Book 191, Page 70, hereinafter called the "Declarant", being the sole owner of the land with the buildings thereon now known as and numbered as 29 South Shore Road, Nantucket, Massachu.etts, described on Exhibit A which is attached hereto and hereby incorporated herein by this reference and Made a part hereof, does hereby. by duly executing and recording this MaJlter Deed, submit said land, together with the buildings and illlprov_nts erected thereon, and all easements, rights and appurtenancelil belonging thereto, hereinafter called the "Subject Property", to the provililions of Massachusetts General Laws, Chapter 183A ("CondoaliniUlllll" I, and hereby lIt.at.es she proposes to create, and does hereby create, a condoalinium with respect t.o the Subject. Property, to be governed by and subject. to t.he provisiOMl of said Chapt.er 183A. (b) Description of Land The premises which constitut.e the condominium consists of the land described llhewn upon t.he Site plan dat.ed :r--... ~~~6 prepared by Charles W, Hart " MlilOC, recorded with NAntuc et Deeds in Plan File <411-6 , as fully delilcribed in Exhibit A {t.he "Site Plan" I which ia attached heret.o and which ia hereby incorporated herein by this reference and INIde a part hereof, together with the building and improvement. thereon. (cl Description of Buildings; Units There are on the land described in Exhibit A "Buildinga" I now known and numbered as 29 Nantucket, in which the condcaainiwa units located, as follows: 1. Skippy' a COttage, a oae-story wood frAlM building with loft containing Unit 1. :I, The ElIlbassy, a one and one-halt atory wood fr_ building containing Unit 2. ), The Big COttage, a one-atory wood fr... building containing Unit ). 4. The Saltbox, a tlllO-stOry wood frAlM building c:oDtaining Unit 4. four buildinga (the South Shore ~, (the "Units" I are The Wlit designation of each unit, and atate-.nt of its location, " " 1 MSigInII ReIe*1GI '3ook I-"~ ~ ~Il .. , '" 'j , ~ ~J ... :! :~ ~0466~{ 000 appZOX1_te area, ~ of r<XlIU, and i~1ate ~ area to whlch it ~ aace.., and it. proportionate inten.t 1ft the ~ ar... aDd facU1t1.. of the COndolIl1n1W1 an a. Ht forth Oft Exhibit B which 18 attached hereto and 18 hereby 1ncoEpOrated herein by tM. reference and ..de a part hereof. The boundarie. of .ach of the unit. with re~ct to the floor., ceUing., w.lh. door. and windowa thereof, are a. follow.. ( i) ,.1_. . The upper aurfac:e of the aubflooriDg 1 (ii) Cei1tDga. The plane of the interior .urfaoe of the ceiling but not the interior .urfaoe fini.h. ' (11i) Wall.. With R8pt!Ct to ail unit., the plane of the interior .urfacc of the interior _11. but not the interior INrface tinl8h. (iv) .ipe o.a.e. or ou..r ~lo..re. concealing pipe., wire., or conduit. within a unit are part ot that unit. but the pipe., wire. or conduitB within .uch pipe cha.. or other enclOlNre are a part of the common area. and tacilitie.. (v) All .tructv,ral hrtiOlUl of the building are part ot the CQGmOn area. and tacilitie., Root Area The roof .hall be a part of the com.on area. and tacilitie. (dl Exclu.1ve Ea__nt Area.. The Subject Property containa Bxcluai_ E&--,t Are&8. a. .howa upon the plana and the Site Plan. The unit Owner of ..ch Unit for which i. deaignated an Bxclu.ive ~~t ~ upon the Plana and upon the Sit. Plan .hall ha_ the eo1. and exc:1uai_ right to uae INch &xc1W1ive EA._nt Ar.a .ubjec:t to the provi.iona ot thi. MIl.ter Deed and the Declar.tion of TrwIt and aubjec:t 'only to an ..._nt to be held .net exerciaed by the TrwIt... to enter upon INch E:xcluai_ ~e_nt Area for th_inteDAnce and repair ot the Building. and the ~ Area. and ..acUitie.. It .hall be the obligation of the Unit Owner having the eole and exclWlive right to uae Buch Exclusive Eas_nt Area to _int.in and repair .aid ExclWlive &aae_nt Area, (e) o..cription ot common Are.. and racilitie. and the Proportionate Interest ot Each Unit Therein The common area. and tacilitie. ot the ~iniWl con.i.t. of the entire .ubject pre.i..a a. deac:ribed in par~rapb (b) (.oe.cription of Land.) ot thi. Me.ter Deed and all part. of the building. .. de.cribed 1n paragraph (c) (.oe.cription of :z - _..,....... ,-----_..~_.. .-...... ..--- ~..~ -_.-------~- aoo.0466uc{ 051 Buildings") of this Master Deed, other than the Units described on Exhibit B hereto, Without limiting the foregoing language in this paragraph (e), the cOlNllOn areas and facilities'ot the Condominium include: (i) the land ~scribed in paragraph (b) ("Description at Land") ot this Master Deed, (ii) the foundations of the Buildings, and all portions thereof, and all structural oolugns. structural l~tels, girders, bea_, slabe, support II , and floor. ceiling and roof bea_ and joists and all IItructural ..-berll appurtenant to such floor ceiling and roof bea_ and joists, the. exterior wall II , and any interior va II II , the subflooring below the upper surface thereof, the root, building entrances and exits and all structural portions at the buildings; (iii) installations of central service. such as power, light, drains, hot and cold water, vents, heating and heating linell, (ivl all conduitll', pipes, ductll, plumbing, wiring, flues and other facilities for the furnishing of utility services or wAlIte removal and vents which are contained in portions ot the building outside of the unitll and all installations outside the Wlits for services such as lights, power, telephone, water, and lI4Ulitary se_r drairWIge; (v) all oonduitll, pipe., duct., plu~ing. wiring, flues and other facilities for the furnishing of utility serVices or waste removal, and ventll. which are located within Wlits including ~ not lialited to such of lIame as are located below the plane of the bottommost surface of the floor bea... or roof joists, and other structural memberll appurtenant to lIuch floor beams or roof joists, of the floor above each Wlit; with respect to the to~st Wlit, the roof) and above any ceiling within the units. (vi) exterior lighting device. and wirell and poles IIsrving the same, (vii) all other ite_ situated on the subject property and listed as ooamon ar..s in MassachUMStts General Laws. Chapter 183A. except for the Wlits described on Exhibit B hereto, The proportiolUlte interest of each Wlit of the CondolainiUlll in the COllIIlOD areas and facilities of the Oondoaini\Dl shall be as set forth on Exhibit B which is attached hereto and is hereby incorporated herein by thill reterence and _de a part hereof, (t) Plana A set of the floor plana of the building showing the layout, loe<<tion, unit numbers and di.ensiona of the units, and bearing the verified statement of Eli&&betb Churchill. a Registsred Architect, cereityill9 that the plaDS fully and accurately depict the layout, location. unit ~r and di_lUIiona of the Wlits as 3 l ~PlUOOl blailt, all puzwuaDt to ~ttll o.neral Lawe, ~- 1U1., ~ beeD lI\~ .UultueQOwly with tbe reccmSiDg of tbi. Muter o..cs. Said ..t of plallll, benUl .-etu.. called the "...ater Plallll" ia hereby iDcorporated henUl by tM. nfer.nc. and .-de a part hereof. (9) u.. of unie. (i) The tNilding. and eac:b of the wdt. an int~ only for naidential purpoae. by not .:>>n than one faaily unit/ (H) 'No unit ahall be u...s or _iota1.ned Ul a ...met' 1nconai.tent with the By-La_ of tM ~i..f.. Truat arid tM nale. and A9Ulat1ona f~ ti_ to ti_ adoptedpurauant tMreto/ (iH) Further, unit 2. Tbe s.ba..y, and unit 4, The Salt Box, .hall not be rented on a _eonal baai. at any ti_, thoae two unit. being hereby deaignated the two cottitge dwelling. iNbject to that re.triction by the Variance dated July 7, 1989 recorded with Nantucket Deed8 in Book 329, page 155. (h) J\aendaMlnt of ....t.r Deed (il Tb1. ~.ter Deed ..y be _nded by an Ul.t~t in writing (il aignecl and acknoWledged io proper foni for recording by the owner. of unit. entitlecl to not le.. than aeventy-fi- (75" percent of the undivided intere.t. in the ~ area. and tacilitie. and (HI .igned and acknowledged in proper fo~ for recording by not le.. than aeventy-five (75') percent of the holder. ot fir.t IIlOrtgage. on the unit. (baaed upon one vote for each mortgage owned) but only it .uch .me~nt would ..terially affect the right. of any ""'rtgag... and (Hil .igned and acknowledged in proper foruo for recording by a _jolFity of the Tru.tee. of the Condoadniu. Tru.t, and (ivl duly recorded in the Nantucket County Regi.try of Doeda. provided, however, that: (11) The dAt. on which any auc:h iOlltru.ent a_nding tb1a ...at.r Deed i. firat .igncd by a unit owner, or mortgagee, or Tru.tee ot the Condoal1niUIII Truat, .hall be indicated thereon a. the date of .uch inllt~nt, and no lIUch inatrument lIhall be of any force or .ffect unle.. and until the .... ha. been recOrded in the Nantucket County Regi.try of Deed. within .ix (61 month. after .uch dAt.; and (11il Pursuant to the proviaiona of ~pter 87 of the Act. of 1987. the percentage of the undivided intere.t of each unit owner in the CQIllIllOn area. and taciliti.. ahall not be alt.ered without the conaent C)f all unit owner. whoee percentage of the undivided intere.t ill affected, expre..ed in an .-oded Maater De.d duly recorded; and 4 --- -.--- ..----- ...-. ~OI0466rAC-l (f'J3 ' (iv) No instrument of amendment which alters the dimensions of any unit shall be of any force or effect unless the N_ has been signed and acknowledged in proper fOrlD for recording by tbe owner or owners and 8lOrtgagee or IllOrtgage.. of the units so altered; and lvl No instru-ont of ...ndlDent which alter. the right. of the Declarant, shall be of any force or effect unless the same has been signed and acknowledged in proper fo", for recording by the Declarant, so long as the Declarant owns any unit in the Condominium; and (vi) No instrument of amendment which alters this Master Deed in any ...nner contrary to or inconsistent with the provisions of Massachusetts General Laws, Chapter 183A, shall be of any force or effect. (vii) Notwithstanding any other provisions of this Section lh), no amendment of this Master Deed shall be lllade if such amendment would be in contravention of the provisions of Section 33 of the By-Laws of the Condoeinium Trust, lviiil Notwithstanding anything to the contrary herein, 80 long as the Declarant owns any unit in the CondonainilJlll. the Declarant shall have the right, at any time and f~ time to time. to amend this Master Deed without the consent of any other Unit Owners or any of the Trustees of the condotainiUlll Trust. to meet the requireaents of any governmental or quasi-governmental body or agency. or the requirements of any insurance c~ny or insurance underwriting office or organization, or the requirements of Federal National Mortgage Association, Federal Hoee Loan Mortgage Corporation, the secondary IKlrtgage _rket, or any lender, or to correct typographical or clerical errors, or to cure any ambiguity, inconsistency or formal defect or omission, (il Condominium Unit Owners' Association The name of the Trust which has been forMed and through which the unit owners will manage and regulate the Condoeinium hereby established is the Cottages in the pines eondominiUlll Trust under Declaration of Trust dated February J.!l-. 1995. to be recorded herewith, Said Declaration of Trust establishes that all uni t owners in the CondominiUlll hereby established shall be benef iciaries of said Trust and that the benef icial interest of each unit owner in said Trust shall be the ..- percentage interest as such Unit Owner's percentage of undivided intere.t in the c~n areas and faciliti.. a. ..tablished by this Ma.ter Deed. The IUiling addr... of Hid Trust i. 1171 w.shington 'treet. West Newton. Massachus.tts, 021'5. The na_s and addres.es of the TrwItees of said TruSt and their tee. of office are as follows. Christine White-Cunninghaa, 1171 Washington Street. ....t Newton. Ma.Hcbus.tts 021'5 5 .-0466"" 054 JOMPb Mc:AYMty U Alaudr1a Drift ~t Office Box :I".. Ilant\llCUt, Mu..obu~U 0:15.. luuruw M. walton 3:1 Cliff Road. llantucbt. .....-c~U O:l5S. J_. cochrane 1 sanford 8tAet. llantl&cbt. Ma..-cm.a.ett. O:lSS. ~1"1U I All Ht torth in a.ction III ot the Declaration ot Tnl.t ot Cottagea in the Pine. CondoIainiu. Truat. The Tnlatee. have enacted By-LaW8 pur.~t to Ma..achuHtt. General Law.. Chapter 183A. which are Ht torth in the Declaration ot Tru.t ot eaid Tnl.t which ie ~nt.CS henwieh. (j) N.- ot Condotftiniu. The COOdolainiUII hereby e.tabli.hed .h&ll be known a. the .cottaqe. in the Pine. Condominiu... (kl Bncroachment. It any portion ot tbe ~ area. IIDd t~ilitie. - eucroac:baa upon any unit, or if any unit _ ~ upon any otbez" unit or upon any portion of the ClCl..xl ~ ud facilit1... or if any .uch encroac~t or encroa~t. eb4l1 ~ at any tt..e or t~ ti_ to ti_ here.tter .. the reault ot, (1) ..ttliDg of the wilding. or (:I) ~tion or _ilWDt dolY1n prooeedinga, or (3) .lteration or repah: of the ~ are.. and tacU.itiea or any part thereof done pur.uant to the provi.iona of this Maater Deed a. the ._ lAY be frea ti_ to ti_ .-oded. or the provi.ion. of the Declaration of Truat of the Condo,dniUII Truet a. the -- -Y be fr~ time to time amended, or (4) repair or'reatoration of the wilding or any unit therein after dulage by fire or other ca.ualty. then and in any of the foregoing event., a valid easement .hall exi.t for euch .ncroac~nt and for the maintenance of s._ for 80 long a. the building .t~. (1) Pipe., Wire.. Flue., Duct., conduit., Plumbing Lines and Other Common Facilitie. Located Inside of Unit. Each unit owner .h&ll h&ve an eas_nt in c~ with the owner of the other unit. to use all pipes, wire., flue.. duct., conduit.. plumbing line. and other portion. of the c:;oaIlOn area. and facilities located in the other unit. and serving .uch Unit Own.r'. unit, hch unit .hall be .ubj.c::1: to an ...._nt in f.vor of the owner of the other units to u.e all pipe., wire., flu.., duct., conduit., plw.bing lines and other portions of the common are.. and facilities .erving such other unit. .nd located in such unit, The ~.t... of the condominiUd ~.t .hall have a right of , - ( I I I I , , I I I f I I I , I I , 1OOI0066rlc( 055 acceaa to each unit to inspect the aa_. to rewtOve violationa therefrom and to maintain. repair or replace any portiona of the common .reas and facilities contained therein or eleewhere in the building, I.) All Unit. Subject to Master Deed, unit Deed. and By-Law. and Rulea and RegulatioN! of the CondoainiUlll TnIat All' present and future ownerll. tenantll, visitors. servanta and occupants of units .hall be subject to. and ahall comply with. the proviaions of this Master Deed' as the sallie IllaY be from ti_ to ti_ ....nded. the unit Deed. the CondominiulII Trust and the By-Lawa, and the Rulell and Regulations of the CondominiUM Trust as the aa_ _y be from ti_ to time a_nded and the rights. easeMenta. agreement a and re.trictioN! of record and all matters lIet forth on Exhibit A hereto insofar as the aame now are, or are in the future. in force and applicable, The acceptance of a deed or conveYAnce or the entering into a lease or into occupancy of .ny unit. shall conatitute an Agree_nt that the provision>> ot this Ma.ter Deed .. the s._ away be frOlll time to ti_ ._nded. .nd the said rights, ea.._nt., agreement. and relltrictiona. and All _ttera set forth on Exhibit A hereto, and the Unit Deed, And the Condominium Trust And the By-law. and rulea and regulAtions thereto, .s the s... _y be from ti_ to time ._nded, .re .ccepted and r.tified by lIuch owner. tenant, viaitor, eervant or occupAIlt, and all of INch provi.iona ahall be deet.ed and taken to be COV.nAnts running with the land and llhall bind any per.on having .t any time any int.re.t or eat.t. in such unit or as though such provisiona _re recited or atiP'll.ted at l.ngth in each .nd ev.ry deed or convwyanoe or 1.... or occupancy .gr....nt h.r.of. (n) F.der.l Home Loan MQrtgage CorporAtion; PederAl National Mortgage Associ.tion Ref.rence is hereby IIlade to S.ction 33 of the By-Lawa of the CondominiulII Trullt which ia her.by incorporAted herein by thi. r.terence and made a part hereof, (0) Invalidity The inv;olidity of .ny provi.ion of tlli. Ma.ter Deed .hall not be deemed to illlp8ir or .ffect in any -.nDer the v.lidity, .nforceability or. effect of the ~inder of this .....ter Deed, and, in .uch event, .11 of the p1:OYi.iona of this .....ter Deed .hall continue in full force and effect .. if INch inv.lid provi.ion had never been iocluded bu'ein. Ipl Waiver No provi.ion cont.ined in this Maater Deed .hall be ~ to have been aMog'ated or _ived by re._ of any failure to .nforce the 7 .oa.o466PKl 056 ...., irreepeotive of the ~ of violee1olw or breaabea ..uClh .ay 0ClC\&Z'. (q) C&peiorw "nIe cepeioa. benin .n lDMrtecS oo1y .. a _tter of ~.nc. and for nf~, and in 110 _y daf1De, l1ait or ~1tIe the .cope of ehb ....t.r Deed or tbe intent of allY pzovi.iODll benof. (r) Conflict. Thi. Ma.t.r Deed 18 _t forth to CClIIPly with the nqW.~t. of Cbapt.r 183A of the aen.rd r.._ of tbe o~n_..lth of ......chuaett.. In ca_ allY of the ~i.iOQll .eaeeeS above conflict with tbe provbiona of Mid .t.tut., tbe ~biorw of ..id .tetut. ahall control. (.) Liability IIotwithat.nding anytbiDg to tha contrary henin. and notwith.tanding allY C:U.llOla or ulI98 to the contr.ry, it 18 expre.dy undentood and agreed that oaly tha 're4l1 ..t.t. which conetitut.. tha Cottll98. in the pine. OOW'--1ni.- ahall be bound by the provieiorw of thb ....t.r Peed. '!'be Declarant .hall never be pereonally or individually bound or liable to anyon. ~ver with reepect to any of the provi.lorw of thi. ....t.r Deed beyond the Declarant'. inten.t in eha n.l ..tae. which conetitut.. the Cottage. in the Pine. ~iniu.. Executed .nd _eleeS tbb J:l.!!:... cUy of rabnuary. 1995. Ilantuc:Ut, ... CXMDfifXALTR or MASSAOfUSB'M'S FebruArY.:I. 19'5 TbeD pereonally appeAred tha abov. n.a.ed Chrbtine White- CUnniD9haa, orru.e_ .. .fo:reuid and acknow1edged the font90ing iMt~t to be bar ~ 4 and~~' before -. If j liAr. )f, fA! 11 ~ {/ 110 ary Public Ny =-i..ioo expin.~t~o . - .~ox0466rACI 057 EXHIBIT A Incorporaeed by reference into and _de a part of ehe Master Deed of Cottages in the pines CondQllinium. ::19 South Shore Road. Nantucket. Nantucket eounty. Maa..chu.etts, DBSCRIPTIOIl OF LAND ThAt certain parcel of land. together with the buildings thereon. sitUAted in -.ntucket. Nantucket eounty. Ma..achu..tt.. now known and nWllbered .. 29 South Shore Road. bowlded and de.cribed .. followsl pSTBRLY by South Shore Road. two hundred forty-seven and 93/100 (247,93) feet; satmmJlLY by Lot 8-11, a. shown upon plan hereinafter _ntioned. one hundred ninety-three and 31/00 (193.31) f_t; WBSTBRLY by Town of Nantuckee Sewer EaBement alkla sewer Beda Road. a. shown on .aid plan. tWO hundred forty-..ven and 92/100 (247,92) feetl and NORTMERL Y by land now or fo~rly of Richard Bolker Gree~n et al. two hundred ten and 76/100 (210,76) feet, said land is shown a. Lot 22 upon a plan drawn by Shugrue ~ Kart. Inc.. doated February 7. 1977. recorded with Naneucket Peeds in plan BoOk 20. Page 120, Said land is subject to the following matters: (a) Order of Taking by the Town of Nantucket for a sewer easement, dated August 12, 1981, recorded with Nantucket Deeds in BoOk 185. Page 6. (b) Order of Taking by the County of Nantucket for the layout of South Shore Road as a public highway. dated January 12, 1983, recorded with Nantucket Deeds in BoOk 197, Page 152. (c) Decision of the Nantucket Board of Appeal. evidenced by a CertUicat of Granting recorded ",ith Nantucket Deeds in BoOk 181. Page 258. (eU Variance granted by the Nantucket Board of Appeala. evidenced by a Certificate of Granting of Variance dated July 7. 198'. recorded with aantucket Deeds in Book 329. Page 15~. For title. ... o..d recorded witb .ADt~ket Deeds in, Book 177. Page 52. 9 \, ~008 ,.,': I 1- .,:.., aHIBIT B I~qlOr&ted by refenDCe lnto and .-de a ~ of tbe ....t.r Deed of ~t"" !D tJw Pl.. ODaI5<-inl~. 2t IIoQth Shore 1lc*S. IfaIltuekat. IlaDt\ACket county. M....c~tU. The unlt de.l9ft&tlon of each unit. aad .tat..-nt of It. locatlOD. approxl_te a~. n\lllber of rOClIIIII. and ~ate ~ area to whlC:)S It hall ~.. and lta proportlonate iatere.tln the ,~ area. and racl1ltle. or tJw cOndoainl~. are a. rollowel Key: aa-Bec1roOlll It_Kitchen, LR_Living Roell' LR/DR_eo-blnation Living Roell aad Dining Roell' B_sathrocl'lll L-Loftl FR-Pa.ily Roell WIlT 8TJI\""'" 011 ~, IlIMlP Nm t..-oIAft __Ixaaft IlDICIIImCII WItT LOCATlC* UIlA ar CIlIII~TIC* CCMOI omaar" 011 UIl1T 011 IIOCMI NlIIII '10 ~D1 IIQUU& PDT *I0l WIlT (XMCII UDI 11M /loCCSN Nm rACtLITl" Skippy" . 47S 5-".&. nua~ end zJ\ CD4:tAP lOq, f~. Ul/Dll. rear o.ck 8,1. 'I'M .....,. H'7 1-)". .. Dec:It z""' lOq, f~, LIl.Il.8. 1M ai, .,1 ,.)...IA ~aad Z'7\ CD4:~ lOq, f~, Il.a ...r .... n.. .,. 4-p,1A lleCk ZJ\ "l~_ lOq. f~, 1t.8 I.~-.Y" \11I.II*-- .... 10 mts. IIMfUCIClT CQUIITY MC"O Itfn!MD ,:~ tMIJl'A .. QtIIDWD ICfTUf ...--'-" ead of lDIuwaeat ---...-..-.-..-. -........ .--... RECEIVED BOARD OF po'sSESSORS MAY 0 r 2006 TOWN OF NANTUCKET. MA Town of Nantucket if 6-: (; tJ ZONING BOARD OF APPEALS LIST OF PARTIES rN INTEREST IN THE MATTER OF THE PETITION OF PROPERTYOwNERSftpbeA He /;f.1.10/.... <.~ c~'I/ - 71'111 s- MAlLING ADDREss..7H.. AIf}j{</U .Ot.I1/Y(?<<! .tP337f PROPERTY LOCATION??9 11., ,:?tl./f/A. <$f1V(f:... !~{,."...... ASSESSORS MAPIPARCEJJ1 TCZ ...,~ 74..~.. /... H.......... A PPLlCA NT... .. SfJ1 Nfl.. .C. . .. ..'-11 .cy.. .......... .. .. . ... . .. SEE ATTACHED PAGES 1 certify that the foregoing is a list of persons who are owners of abutting property, owners of land directlf' opposite on any public or private street or way; and abutters of the abutten and all other land owners within 300 feet of the, property line of owner's property, all as they appear on tbe most recent applicable tax list (M.G,L. c, 40A, Section 11 Zoning Code Chapter 139, Section 139-29D (2) , /> ;). ," II ;;<CO 07 ...' .//,af';'" ,7;"".."".. DATE' !1A.. - - /) /1// &/ ) t~/-~.J t/jS-'~' -v~ I ". ",.,.,. """""""" "I ASSESSOR'S OFFICE Town of Nantucket ~ tn c ~ ,~ 5 z 0. " " " " " H Z " Z Z '" '" '" '" '" H ~ H H OJ > > OJ OJ OJ Z u OJ .. .. OJ OJ ~ ~ 0 :'i .. '" '" '" '" '" H H H g 0 '" '" 0 0 0 H OJ OJ :>: OJ OJ :>: :>: :>: oo oo >< .... '" '" oo oo " " oo oo oo .. .. ~ ~ '" '" H H 0. 0. U 0 0 oo oo 0 0 oo oo oo ~ tJ tJ r- r- oo oo ~ M '" .... <D '" 0. M .... .... M .... .... '" '" ~ .. ;:; .. .. ~ ~ .... ~ ~ '" <D '" <D <D 0 (l '" '" '" '" '" '" '" '" '" ~ '" '" '" .... .... .... .... .... .... .... .... .... .... .... .... " 0 0 0 0 0 0 0 0 0 0 0 0 ... ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ oo 8 ~ ~ ~ ~ ~ 8 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ M M M M ~ ~ ~ ~ ~ ~ ~ ~ ~ 00 ~ ~ g ~~~~~~~~~~~~ 00 . ~ ~ 'tl 'tl .. '" 5 .... '" ~ :>: " Z H ~ E-< ~ tIl H OJ ....:l E-< '" ~ 5 0 5 rzl '" .... .... .... .... :>: '" tIl :.:: .... M .... M M M oo OJ r- .. :'i 0 .... .. .... .... .... '" r- .. .. p:: () M .... M .... .... .... :>: 0 '" .... H rzl ::J . 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'" :>: tJ " ~ '" c p r- '" '" 0l " '" M '" r- <D :;; :;; r- '" 0 <D M .. .... r- r- r- ~ '" .... H '" ~ '" .... .... .... .... N N N M 0 0 N ..... '" (l 0 0 ~ 0 0 0 0 0 0 0 0 0 0 ..... >: 00 <D 00 00 00 00 00 00 00 00 00 00 .0 d '0 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 co "::' "~ '...... Date: l)ece",lJv If , 2009 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 052-06 Owner/Applicant: Stephen W. Cheney, Owner of Unit 1 Cottages in the Pines Condominium Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. IH ,;.., ~? / ,,- J'(lffit Michael J. O'Mara, ') ()/~ J/{6) Chairman 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) i SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-228-7215. f:; TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 -, J December II, 2009 Date: To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 052-06 Owner/Applicant: Stephen W. Cheney, Owner of Unit 1 Cottages in the Pines Condominium 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. Michael J. O'Mara, Chairman 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 508-228-7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road, Nantucket, Massachusetts 02554 Assessor's Map 80, Parcel 296.1 29A South Shore Road, Unit # 1 land Use General 2 (lUG-2) Plan File 46B/Plan Book 25, Page 87 Book 966, Page 21 AMENDMENT TO DECISION: 1. The Nantucket Zoning Board of Appeals held a public hearing on December 10, 2009, in the Garage Area at 2 Fairgrounds Road, Nantucket, Massachusetts, regarding the modification of the application of Stephen W. Cheney, Owner of Unit 1, Cottages in the Pines Condominium, 8 Perry lane, Nantucket, MA 02554 and c/o Lawrence Mannix, 127 River Road, Wilton, CT 06897, respectively, Board of Appeals File No. 052-06. The Board made the following amendment to the Decision: 2. Applicant is requesting that the Special Permit in File No. 052-06 be modified so as to confirm that the approved ground cover for the Premises (Unit #1) is 467 square feet (as shown in the plan attached hereto as "Exhibit A"), and that there shall be no further expansion of Unit #1 without further relief from this Board. A copy of decision 052-06 is attached to this amendment. 3. Accordingly, by UNANIMOUS vote, the Board votes to approve the requested modification to decision 052-06 so as to confirm that the approved ground cover for the Premises is 467 square feet and that there shall be no further expansion of Unit #1 without further relief from this Board. SIGNATURE PAGE TO FOllOW Dated: Pec.e,nbu- IV IJo01- I~~ f. \, .- . n~ <,~" 1-" c.... J - " :i-/.c.C. ~ \ D~ t "f.."'., (.,U 11 In-e E(,t t<..h:urq COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On this 15 day of 200~ ' before me, the undersigned notary public, personally appeared L I~A... i' ~ I (a) ~ personally known to me, or (b) _ proved to me through satisfactory evidence of identification, which was (type of identification) to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she..signed it voluntarily for its stated purpose, '/;; ,/ ,.' ... I' / - I / Official Signature and eal of Notary Public My commission expires: tUL.nlt ;).7, .J?'/ ~ Bk: 01039 Pg: 98 TOWN 'OF NANTUCKET B'O'ARD OF APPEALS Bk: 1039 Pg: 98 Page: 1 of 3 000: SP 09/07/200601:32 PM NANTUCKET, MASSACHUSETTS 025S4~ d?' {J,J,;r-us-f ~ ;j (")' ,.,' Date: e; o ' , ~tJ4: ;.:0 r-n 111__111 n" , . .,."'..r -0 l.AJ '.'-'-'----"To-:"---'Par-ties in Interest and. Others concerned wi th- the. U1 -, ----Jj'ecTsIOii-(j[ the BOARD OF APPEALS in the Appl'ication of €'fie following: .. Application No.: Owner/Applicant I ::; "t~he-r;' uJ, ~ l' DWfPr ()? UI)/~ " ('Om9~5 'l~()~~ VYl6brrhln,; )f(} 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. ~,~ny 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. 4)flJA(jjJfQUI7f~ -fJoniJ.:.fQ '1, Chairman . ee: Town Clerk: Planning Board ~uilding ComrnissJoner . . PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET ZONING' BY-LAW ~139-301 (SPECIAL PERMITS); 6139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. Bk: 01039 Pg: 99 Assessors Map 80 Parcel 296.1 LUG-2 TOWN OF NANWCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NAN1UCKET, MASSACHUSETTS 02554 29A South Shore Road, Unit #1 Plan File 46BIPlan Bk. 25, Page 87 Deed Ref. 966/21 At a Public Hearing,ofthe Nantnr,ket Zoning Board of Appeals. held at 1:00 P.M., Friday, July 14,2006 in the Conference Room, 2 Fairgrounds Road, Nantucket, Massachusetts,.OD the Application ofllie STEPHEN w. CHENEY~OWNER OF UNIT #1, corr AGES IN THE PINES CONDOMlNIUM, 8 Perry Lane, Nantucket, MA 02554 and c/o Lawrence M1lTlnix, 127 River Road, WiltDD; CT 06.897, respectively, Board of Appeals File No. 052-06, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning,By~ law Section 139-33A (alteration/extensionofa pre-existing nonconforming structureIuse). Applicant proposes to construct a new foundation under his existing single-family dwelling within the existing footprint witho~t increasing the nonconforming, ground cover, and increase the single-story structure to a two-story structure. The structure would continue to meet the front, rear and southerly side yard setback requirements and the nonconforming northerly side yard setback distance would not be made more nonconfonning. The Locus is nonconforming as to lot size with the Lot cont-3jning,about 5~020 square feet of area is a district that requires a minimum. lot size of 80,000 square feet; as to setbacks with Unit #1 being sited as close as about 9.73 feet from the northerly side y.arxl setback area and with Unit #4 being,sited closer than ten feet from the westerly rear yard lot line in a district that requires a minimum setback of ten feet for undersized lots; as to ground cover with the Lot containing about 2,284 square feet in a district that allows a maximum of about 2,000.80 square feet (4%); and as to use with the Lot containing four sepsrnte dwelling ,units in a district that allows .a maximum of two on one lot. All required parking would continue to be provided on site. See also BOA File Nos. 023~80, 104-88,054-01 and 047.04. The Premises is located at29A SOUTH SHORE ROAD, UNIT #~Assess()r's Map 80, Parcel 292.1, Plan File 46B, Plan Book 25, Page 87. The property is zoned Limited-Use~General~2. 2. The Decision is based upon the Application and the material submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation, as the matter was not of planning concern. 1bere was one letter on file from the owners of Unit #2, Unit #3 and Unit #4 that supported the alteration of Unit # 1. One abutter spoke in favor of the proposal at the hearing. 3. The Applicant stated that the property as a whole was benefited by previous grants of Special Permit and Variance relief in the Decisions in BOA File Nos. 023-80, 1 Q4-,8B, OS4~O 1 and 04 7 ~04. The Locus is nonconforming,as to the number of dwelling units allowed on one lot, having four separate single-family dwellings, in a district that allows a maximum of two. Though the proposed alteration to the subject structure would not increase the northerly side yard setback nonconformity, relief is necessary to alter or expand any of the units due to the nonconformity related to the number of units. Bk: 01039 Pg: 100 . Applicant is now before the Board to seek SpeCial permit relief in order to be able to increase the one-story dwelling to two stories. The first existing first floor would be raised up to fonn the second floor and a new first floor system would be constructed under it to expand the interior living space entirely within the existing footprint and without increasing the nonconforming ground cover. A new front porch would also be conStructed but would not violate the front y8rd setback requi.rements and a new fOWldation would be constmcted substantially on the same site as the existing foundation. The Historic District Commission (!IDe) has approved the expansion in Certificate of Appropriateness No. 47,759. There would be no intensification ofanyofth~ other nonconformities and all of the required parking would continue to be provided on site. 4. Based upon the foregoing, the Board finds that the conversion of the one-story dwelling into a two-story dwelling on Unit #1 as proposed by a grant of Special Permit relief would be consistent with other relief granted for the same property. The Board further finds that though there would be an increase of massing within the northerly required ten-foot side yard setback area, there would continue to be four separate dwelling units on the site with no increase of ground cover or any setback violation and said increase would not be substantially. more detrimental to the neighborhood than the existing nonconforming situation. 5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by SPECIAL PERMIT ~der Zoning By-law Section 139-33A, to allow alteration and expansion of Unit #1 as proposed by the conStruction of conforming dormers on the second floor within the existing footprint, based upon the following conditions: a. The alterations and expansion are to be done in substantial compliance with the HOC Certificate of Appropriateness No. 47,759, as may be amended from time to time; b. There shall OO,no further expansion of Unit # 1 withoutfwther relief from this Board; and :I> .... Ii ~I f~ ::0"" 1fI-1 f"i ~:: .... 111 Xl Ie .11 . ~ "3-' :1< -,~ ~ . i-~ ~; -/! -- /' .-:-i~ enm Kosea The structure shall be sited no closer to the northerly side yard lot line ' than it is presently located at about 9.50 feet Dated: August Ii, 2006 c. Ju'~ Mic . O'Mare "'..~ ,.~'."\~1).NT ,') _,,,, ~"...... >:...,t:... ~, ~ " <....: ,"" ~"." "."Burr, '...';-'. . ,I\,. t'lt. _.,," '-,",_ ' I.>", :: ,~/~" , $"; '.:~ EJE COpy .;;.' ~~: ,j",.. ~A~,JT~.1', p:.~lf3 , ,,""": :::;::',::, ~~. ~ ~, . _.: .... '. ".. ' :~:'.-:' ::. . " '\ i : ',' ~'.;,: ,,:1.., , . .;..~.."..~#~~.t~~'&~~:.J~WN CLERK ... '~C.~r'i~~'" "Q~~'4-~Y'~ ,,-,Il.."'"' ,,:,_, . ~..e';;~CJt~,~",:.~' '-,' :~ '. ~ it-',.d)l"';".tiiOri Wl"::' fU..l:'j) t!'i llt.l;0J'l-~c:EOFnti =~~ SEP 0 7 2006 ~~z 51270~ !_ CBDH FOUND A/C r:7I UN! T k:::2J \- ~H[O 26'~__~ o 10 I......J PLAN SCALE 20 30 45 60 I......J I I 1 inch = 30 reet fWfD - / ~ / ( ~HED J4'i: I I I I ~ Co\;; ~!o< ~~ ~ ~ SOUTH DETAIL SCALE o 2.5 5 7.5 \0 15 /--JJ-U I 1 inch = 10 feet DECK C=:J STONE STEP ZONE: REQUIRED LUG-2 LOT AREA: 80,000 s, f, FRONT AGE: 150' FRONT YARD: 35' SIDE YARD: 15' REAR YARD: 15' COVERAGE: 4"; UNIT 1 = 467 s,f. UNIT 2 ~ 645 5,(, UNIT 3 = 370 s.,. UNIT 4 ~ !l1.Il oJ. TOTAL = 2,300 s.( tIW.~:+ A'. NI6'59'JO"E 247.92' DECK I I I I I I I MAP 80 ~ PARCEL-296i 5~ 020::t s. f. I I I I I I I I 90 I #29C EXIS 17NC HOl.lSE UNIT J 818 S.t. S21'01 '4S"W EOGE OF PA t,O,/ENT SHORE (PUBLIC - 66' WIDE) WOODEN WINDOW WELL PROPANE TANKS TRASH BIN WOODEN WINDOW WELL 247. 93' t:!QES 1. CURRENT OWNER: STEPHEN W, CHENEY 2, DEED REFERENCE: BOOK: 966 PAGE: 21 3, PLAN REFERENCE: PLAN FILE: 46-B 4, SEE SPECIAL PERMIT: BOOK: 1039 PAGE: 98 5, GROUND COVER AND DIMENSIONAL INFORMATION FOR UNITS 2, 3 and 4 TAKEN FROM PLAN FILE 46-B, -( " ~ '" ~~ SHED u~~ '" ~ ~298 EXI5TlNC HOUSE UNIT 2 545 s,t: 16'r DECK ~ Co \.Ji C. "'. "" t>f -i ~ ~ i'l ~ ~ '" Iii i5 ~ ~ ~ -t. 9.9' '0 i E;;:U;::S~ r~A) USE AREA ~ PARCEL 296. I "'. 8, 465~ s,[ I I~ ~ I~ I~ =-33.9' I~ -t. DECK Il5l PORCH I I t"..",- p~;::? 77.00' (EXaUSlI-f CBOH FOUND \ ;0 ~ 314.33' AREA) _'- 1,1- -, c. ~ "" CBOH FOUND ROAD EDGE OF PAVLMCNT I HEREBY CERTIFY THAT THE ABOVE MORTGAGE INSPECTION WAS PREPARED FOR: SALEM FlVE MORTGAGE COMPANY, LLC IN CONNECTION \\ITH A NEW MORTGAGE AND IS NOT INTENDED TO REPRESENT A PROPERTY UNE SURVEY, IT CANNOT BE USED FOR ESTABUSHING FENCE OR BUILDING UNES, THE LAND AS SHOI'f1'l HEREON IS BASED ON CUENT FURNISHED INFORMATION AND MAY BE SUBJECT TO FURTHER OUT-SALES, TAKINGS, EASEMENTS AND RIGHTS Of WAY, I CERTIFY THAT THE STRUCTURE SHOI'f1'l ON THIS PLAN IS LOCATED AS SHOI'f1'l AND TO THE BEST OF MY KNOWLEDGE DOES NOT COMPLY \\ITH THE CVRRENT DIMENSIONAL REGULATIONS OF ZONING BY-LAWS OF THE TOI'f1'l Of NANTUCKET AND IS NOT LOCATED IN A SPECIAL FLOOD HAZARD AREA AS SHOI'f1'l ON 1l-iE F,E,~,A, FLOOD INSURANCE RATE MAP No, 250230-0012-0, daled 11/06/1996, PROFESSIONAL LAND SURVEYOR Prepared By. :I1JRAC KE N E'9""'.'9' S"",'yiog ~1IJ.I::t~[c1I~I::t::t:mIC1lIN. Envlronmanlal Permitting 19 Old South Road, P,O, Box 3525 Nantucket, MA 02584 Phone: 508-325-0044 Fax: 508-833-2282 MORTGAGE PLOT PLAN IN NANTUCKET. MA Prepared For: SALEM FIVE MORTGAGE: COMPANY. LlC #29A SOUTH SHORE ROAD MAP BD PARCEL 296,1 Dote: NOVEMBER 18 2009 Job No.: .363 66 Drawn By. DLH Checked B . JRF Scale; AS NOTED Drawing Nome: 29A-REV1 MPP.dwg