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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET,
MASSACHUSETTS 02SS~
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To: Parties in Interest and Others concerned with the N
'jjeci-sTon of the BOARD OF APPEALS in the Application of the
following:
Application No.: Ol q -OCo
Owner/Applicant: ~l^f.YI" '~,ei--\ JQ ,,~~ hlh1se/:F
OS Ollit'ey anc1 W ~f'l'c (9.) "(Jn0Qc9nrcQ .'
Co'\lfo-0f-' (P.tJf'ch (1 9-e{'
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 st be given
to the Town Clerk so 0 e ived within s ch 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 9139-301 (SPECIAL PERMITS); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 56, Parcel 169.2
Certificate of Title No. 16923
Residential-2
Lot 10
Land Court Plan 35397-F
57 Meadow View Drive
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, July 11, 2005 at 1:00 P.M., in the
conference room at the Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, the Board made the following
decision on the application JOHN G. HALLET, JR. FOR HIMSELF AS
OWNER AND FOR ERIC W. GODDARD, CONTRACT PURCHASER, of 10779
Perry Park Road, Larkspur, CO 80118, and 20 Essex Road,
Nantucket, MA 02554 , respectively, Board of Appeals File No.
019-06:
2. Applicant (Goddard) lS seeking a MODIFICATION of the
Decision in BOA File No. 045-05 that granted relief by SPECIAL
PERMIT under Nantucket Zoning By-law Section 139-8B(1) to allow
for the use of an existing ancillary studio as a recreational
facili ty. There currently exists upon the property a single-
family dwelling and the separate accessory building used for
martial arts and fitness class instruction to children and
adults, with a class size limited to a maximum of 12 per class,
and formerly taught primarily by the current owner of the
Premises. The owner also received relief to expand the structure
by about 130 square feet. All parking would continue to be
provided on site and all structures are conforming to the
requirements of the Zoning By-law. The Applicant is seeking to
modify condition ~a" of Paragraph 6 in the Decision so that the
relief is not particular to John Hallet in order to continue the
approved use on a leased basis. Applicant would not be involved
with the teaching of classes but would lease the structure to a
separate entity for the same purposes and would live on site in
the single-family dwelling year-round. All other conditions
would remain in place.
The Premises is located at 57 MEADOW VIEW DRIVE,
Assessor's Map 56, Parcel 169.2, Land Court Plan 35397-F, Lot
10. The property is zoned Residential-2.
3. Our decision is based upon the application and
accompanying materials, and representations, photographs, and
testimony received at our public hearing. The Planning Board
made no recommendation as the matter did not present any issues
of planning concern. There was no public comment at the hearing
and no letters on file. The Applicant represented that he had
. .
spoken with several neighbors about the change in ownership and
there had been no concern expressed to him.
4. The Applicant (Goddard), through personal testimony and
counsel, stated that the property was benefited by a previous
grant of Special Permit relief in the Decision in BOA File No.
045-05 that allowed an ancillary structure to be used for
recreational purposes, specifically a fitness studio/martial
arts studio. Relief was conditioned upon the use being
particular to John Hallet and directly under his control as he
was a martial arts instructor himself. The current Applicant is
purchasing the property for his family from John Hallet and
wishes to continue to be able to use the ancillary structure as
permitted and maintain the existing conditions. However, as the
Applicant is not a martial arts instructor himself, he is
seeking a modification of the original Decision in order to
transfer the relief to himself and be able to lease the martial
arts/fitness studio to a separate entity. His family would be
li ving on the property in the separate single-family dwelling
year-round and would continue to be in control of the Premises
and able to enforce compliance with the conditions in the
Decision. No other changes are proposed under this application.
5. The Board finds that the Zoning By-law specifically
allows, by a grant of special permit relief, for such uses as
~community recreational facilitiesmbowling alleys, fitness
centers or the like" in all residential zones, other than
Limited-Use-General zones, provided that the Board makes a
finding that the use is not substantially more detrimental to
the neighborhood or environment, than the alternative uses of
the lot. Therefore, based upon the foregoing, the Board
reaffirms its finding that the proposed use and about 130
square-foot addition to the studio structure would not be
substantially more detrimental to the neighborhood nor the
environment than the existing or permitted al ternati ve uses of
the Premises with appropriate conditions. Relief so granted
would be consistent with other grants of similar relief in
residential zones by this Board. The Board further finds that a
modification of the original Decision in BOA File No. 045-05 to
allow the relief to be made particular to the new property
owner, the Applicant, and allow the studio to be leased to a
separate entity for the uses so stated under the existing
condi tions, would not be substantially more detrimental to the
neighborhood or contrary to the general purpose and intent of
the Zoning By-law.
6. Accordingly, the Board of Appeals, by a UNANIMOUS vote
GRANTS the requested MODIFICATION of the SPECIAL PERMIT relief
granted in the Decision in BOA File No. 045-05, to allow the
relief to be particular to the new property owner, the
Applicant, and allow leasing of the ancillary structure as a
martial arts studio or fitness studio (which would include the
abili ty to construct the additional about 130 square feet of
space as previously approved). Relief is hereby subject to the
new conditions stated below as well as those conditions
enumerated in the Decision in BOA File No. 045-05, other than
modified herein, and incorporated herein by reference:
; .
a.
When music
related to
studio use,
closed; and
is being played wi thin the structure
the martial arts studio or fitness
windows and doors shall be kept
b. The new conditions of relief incorporated into
this Decision as well as those made part of the
Decision in BOA File No. 045-05 shall be made
part of the lease agreement with any tenant
leasing the hereinabove described martial arts
and fitness studio and said tenant shall be bound
by the conditions contained therein.
Dated: March~, 2006
;:
Ii
Edward Murphy
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 12:00 P.M.. FRIDAY, MARH 10,2006, IN THE CONFERENCE ROOM,
TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the
Application of the following:
JOHN G. HALLET, JR. FOR HIMSELF AS OWNER AND FOR ERIC W.
GODDARD, CONTRACT PURCHASER
BOARD OF APPEALS FILE NO. 019-06
Applicant (Goddard) is seeking a MODIFICATION of the Decision in BOA File
No. 045-05 that granted relief by SPECIAL PERMIT under Nantucket Zoning By-law
Section 13 9-8B( 1) to allow for the use of an existing ancillary studio as a recreational
facility. There currently exists upon the property a single-family dwelling and the
separate accessory building used for martial arts and fitness class instruction to children
and adults, with a class size limited to a maximum of 12 per class, and formerly taught
primarily by the current owner of the Premises. The owner also received relief to expand
the structure by about 130 square feet. All parking would continue to be provided on site
and all structures are conforming to the requirements ofthe Zoning By-law. The
Applicant is seeking to modify condition "a" of Paragraph 6 in the Decision so that the
relief is not particular to John Hallet in order to continue the approved use on a leased
basis. Applicant would not be involved with the teaching of classes but would lease the
structure to a separate entity for the same purposes and would live on site in the single-
family dwelling year-round. All other conditions would remain in place.
The Premises is located at 57 MEADOW VIEW DRIVE, Assessor's Map 56,
Parcel 169.2, Land Court Plan 35397-F, Lot 10. The property is zoned Residential-2.
(~9-QQ ~l~ i
Dale Wame, ChaIrman '--./
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASE No.OIY ~ (p
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s):
Mailing address:
Applicant's name(s):
John G. Hallet, Jr.
10779 Perry Park Road, Larkspur, CO 80118
Eric W. Goddard
Mailing address:
Locus address:
20 Essex Road, Nantucket, MA 02554
57 Meadow View Drive Assessor's Map/Parcel: 56/169.2
Land Court Plan/Plan Book & Page/Plan File No.: LCPL 35397-F Lot No.: 10
Date lot acquired: 8/10/1995 Deed Ref.!Cert. of Title: 16923 Zoning District: R-2
Uses on Lot - Single family dwelling and Fitness Studio
Building Date(s): All pre-date 7/72?
Building Permit Nos:
Previous Zoning Board Application Nos.: 045-05
or
C of O(s)?
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
See Exhibit" A" attached hereto and made a part hereof.
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under th~n~n~ of perjury.
SIGNATURE: ~ ~ Applicant Attorney/AgentL
(If not owner or owner's attorney, please enclose proof f agency to bring this matter before the Board)
~ FO Z CEUSE
Application received on:0 L<'DBy: Complete' Need copies?:
Filed with Town Clerk:..2!:'0 tCtQ.planning B~~. i " Huilding Dept.: / ~j___'J>~
Fee deposited with Town Treasurer: 'U'L-~~By: If?baiver requested?:_Granted:_I_I_
Hearing notice posted with Town Clerk: ~ 'f6wailed:~&&M: 2-t~ c((?& 312--rJ0
Hearing(s) held on:_/~_ Opened on:~_I_ Continued to:_/~_ Withdrawn?:_/~_
DECISION DUE BY: _1_1_ Made: _1_1_ Filed w/Town Clerk: _1_1_ Mailed:_1 _1_
DECISION APPEALED?:_I_I_ SUPERIOR COURT: LAND COURT Form 4/03/03
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e-)<~ \-J~ A
ADDENDUM
Applicant (Goddard) is seeking a MODIFICATION of the Special Permit relief granted
in the Decision in BOA File No. (045-05), which granted permission to operate a
recreational facility from an existing ancillary structure on the premises. Applicants are
the contract purchasers for the property and wish to have the relief that was particular to
the previous owner transferred to the Applicants without any other changes in the
imposed conditions. Applicants would not be involved with the teaching of classes but
would lease the structure to a separate entity for the same purposes and would live on site
in the single-family dwelling year-round.
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REGINA KOLHEPP
56-169.3
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JAMES F. Be PATRICIA PATTERSON
56-169.4
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EDWARD B. &: GRETCHEN F. ANDERSON
56-169.1
LOT 10
AREA..35.770:i:S.F. 0)
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STORAGE
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SITE PLAN
#57 t'EADOWVEW DRIVE
IN
NANTUCKET, HASSACI-l.ISETTS
SCALE:1-=50' DATE: 6-1-05
DEED REFERENCE: C-16,923
PLAN REFERENCE: LC.PL. 35397 F
ASSESSOR'S REFERENCE:
HAP: 56 PARCEL: 169.2
PREPARED FOR:
J()HII G. HALLETT. JR.
CB FND
N/F
JANICE L OMARA
56-110
CLmENT ZONING: R-2IPWR
MN1.J1 LOT SIZE: 20,000 SF.
I'H1.JM FRONTAGE: 75 FT.
FRONTY ARD SETBAO<: 30 FT.
$DE #D REAR SETBACK: 10 FT.
ALLOWAa..E G.CR.: 12.5%
EXISTNG G.CR.: 6.8 %
FOR PROPERTY LH: ~TION THS PLOT PlAN
RELES ON ClJlRENT DEEDS />H) PLANS CF RECORD.
VERFED BY FeD /'EASlIE"ENTS AS SHOWN tEREON. RS INC
THS PlAN IS NOT REPRESENTED TO EE A TTTlE NANTUCKET SURVEYO .
EXAl"W. TION OR A RECOODAB..E SLfMY. ':.2:::Y /J L ~ _~. ~y WAY
~..e:. ~T. MA. 02554
N.B.308-2 272-22 'U41=t-!!7:..... ~EpTlC. &l~", e: SHEET 1 N-8249
------
10212006 THU 11: 4t FAX
~ 0021002
11 5, (JO
Town of Nantucket
ZONlNG BQARD OF ^PPEA~
RECEIVED
BOARD OF ASSESSORS
! FEB 0 2 2006
~~~MA
UST OF PAATlES IN ll'1'TEREST IN THE MATTER OF nm PETITION OF
PROPERTY O~ER: ..;;r;9. ,~~,~,'...H~..I, .c~t;.Xr.:.',...". .......
MAILING ;OORESS...~ 7.... j::1.~.~.q.~.v.f.~!#.J>r.~~ ~,.(Uoh+UO~ /' I
PROPERTY LOCATION. ,;27... ~~.~~~9~.~~'.~.J.?r~~!(~..
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A?PLlC^NT...'P~,~l....Q.~ ..~ !~~C"'... P:.~.:...,. ...."..."..
SEE ATIACHED PAGES
I eertl for tbat the roregoiAg is a Jill of pc;notl.s wilo &I'll owners of abuttil\g property, ownen of
lll.nd directly OppO$ile on LnY public or priVAte street or wa)': r.nd 1~lJttefoS of the ablJlters and aH
other land owners within 300 feel of lhe, pro;:>erty Iirill of owner's property, ali as they appear on
tbe most reQent applicable lu list (M.O.L. c, 40A, Section 11 Zcning Code Chapter 139. .
Section 139.29D (2) - .
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date, 0tJ4 / Y
, 200~
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Owner/Applicant:
Ocf5""-os
~;;:;rAjY' 'cr. t-bLLetf i Jrr
,
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 necision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
~~~Q~an
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); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 56, Parcel 169.2
Certificate of Title No. 16923
Residential-2
Lot 10
Land Court Plan 35397-F
57 Meadow View Drive
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, July 11, 2005 at 1:00 P.M., in the conference
room at the Town Annex Building, 37 Washington Street, Nantucket,
Massachusetts, the Board made the following decision on the
application of JOHN G. HALLETT, JR., c/o Reade, Gullicksen,
Hanley & Gifford, LLP, Post Office Box 2669, Nantucket,
Massachusetts 02584, Board of Appeals File No. 045-05:
2. Applicant is seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law Section 139-8.B(1) to allow for the use
of an existing ancillary studio as a recreational facility. There
currently exists upon the property a single-family dwelling and
the separate accessory building used for martial arts and fitness
class instruction to children and adults, with a class size
limited to a maximum of 12 per class, and taught primarily by the
Applicant, the owner of the Premises. Applicant also proposes to
expand the structure by about 130 square feet. All parking would
be provided on site and all structures are conforming to the
requirements of the Zoning By-law.
The Premises is located at 57
Assessor's Map 56, Parcel 169.2, Land Court
The property is zoned Residential-2, and is
Wellhead Recharge overlay district.
MEADOW VIEW DRIVE ,
Plan 35397-F, Lot 10.
located in the Public
3. Our decision is based upon the application and
accompanying materials, and representations, photographs, and
testimony received at our public hearing. The Planning Board
recommendation was negative, stating that the intensification of
use would be detrimental to the neighborhood. There was a letter
on file from the General Manager of the Wannacomet Water Company
who reviewed the project. He stated that the use would ~not have
a negative impact on groundwater quality and is hereby approved..."
There were numerous letters and petitions in favor of the
proposed relief, including letters from immediate abutters and
their tenants. Several persons spoke in favor of the proposed
relief at the public hearing, including immediate abutters,
students, and parents of students at the facility. One neighbor
voiced concern about the noise impact of the proposed use.
4. The Applicant, through personal testimony and counsel,
stated that his family lived in the single-family dwelling upon
the Premises, on a sizable piece of property, which was fairly
isolated off the roadway, both by distance and heavily screened
with existing vegetation. The private recreational facility
previously permitted for the Applicant's personal use had been
used as a martial arts and fitness studio in an ancillary
structure to the rear of the property. When Applicant applied for
an expansion of the studio, the Zoning Administrator rendered an
opinion that the use had expanded beyond the ~home occupation"
limits as defined under By-law Section 139-7A(4), and requested
that Applicant seek special permit relief in order to validate
the existing use and allow the proposed 130 square-foot addition
to the studio to expand the interior waiting area. The proposed
addition had been approved by the Historic District Commission. A
parking plan, done by Richard K. Earle of Nantucket Surveyors,
Inc., dated June 1, 2005, a reduced copy of which is attached
hereto as Exhibit A, of the existing graveled parking area
submitted by Applicant's surveyor demonstrated that the literal
requirements of the By-law for the six spaces required for the
use and dwelling upon the Locus would be met; in addition, a
seventh parking space would be easily accommodated. Applicant
also submitted a parking plan that reflected how the graveled
parking area was customarily used by patrons, which allowed for
practical use of a great deal more of the area for parking.
Applicant informed the Board that neither he, the other
instructors, studio students, nor his family parked on Meadow
View Lane due to its narrow width, as well as the distance from
the roadway to the improvements upon the Premises. The Applicant
and class participants also informed us that ample parking for
the classes was always available on site. Neighbors and students
stated that there had never been a problem with insufficient
parking on site and had never seen anyone parking on Meadow View
Lane.
The Applicant represented that the fitness studio was
located in a residential neighborhood which had numerous home
occupations conducted within it, including a nurse practitioner's
office, a dentist's office, contractor's shops, offices for other
purposes, and a beauty salon. There was also located within the
immediate vicinity of the Premises an automobile repair garage
and bus storage facility. The martial arts and fitness classes
are offered to children from the ages of 3-13, including special
needs classes, and adults. Classes are generally offered Monday
through Saturday in the morning and late afternoon and early
evening, however there was occasionally a class that met during
the lunch hour. There are no classes on Sunday. Applicant
stated that there was only one class running at one time and the
room could only accommodate up to 12 students at any given time.
In addition, there was generally one instructor per class,
although from time to time an apprentice instructor may
participate in a class, as well. Applicant stated that the
classes that he offered were an asset to the community and did
not negatively impact the neighborhood as there had been no
complaints during the time that he had been operating to date.
5. The Board finds that the Zoning By-law specifically
allows, by a grant of special permit relief, for such uses as
~communi ty recreational facili ties...bowling alleys , fitness
centers or the like" in all residential zones, other than
Limited-Use-General zones, provide that the Board makes a finding
that the use is not substantially more detrimental to the
neighborhood or environment, than the al ternati ve uses of the
lot. Therefore, based upon the foregoing, the Board finds that
the proposed use and about 130 square-foot addition to the studio
structure would not be substantially more detrimental to the
neighborhood nor the environment than the existing or permitted
alternative uses of the Premises with appropriate conditions.
Relief so granted would be consistent with other grants of
similar relief in residential zones by this Board.
6. Accordingly, the Board of Appeals, by a UNANIMOUS vote
GRANTS the requested SPECIAL PERMIT under Nantucket Zoning By-law
Section 139-8.B(1) to allow the use of the ancillary structure as
a martial arts and fitness studio and to allow construction of an
additional about 130 square feet of space. Said relief is granted
subject to the conditions enumerated below:
a. The relief herein granted is personal to the
Applicant or a business which he controls;
b. There shall be a maximum of 12 students per class,
and only one class at a time shall be conducted;
c. There shall be no parking on Meadow View Drive
related to the martial arts and fitness studio use;
d. There shall be no classes conducted on Sundays;
e. There shall be no further expansion of the use or
the ancillary structure except as applied for "in
this Decision, unless further relief is granted by
this Board;
f. Applicant shall post signage within the
studio requesting that students make every effort
to carpool for classes;
g. There shall be no secondary dwelling permitted on
the Premises for as long as the martial arts and
fitness classes are conducted on site;
h. No expansion in current total number of classes,
i.e., twenty-five class hours per week, nor
expansion in current hours of operation from 8:00
a.m. to 7:15 p.m., Monday through Saturday, without
further relief from this Board; and
l. The approved site plan shall be substantially as
shown upon Exhibit A attached hereto.
7. In separate action, the Board of Appeals, by a UNANIMOUS
vote, APPROVES the Site Plan attached as Exhibit A, under
Nantucket Zoning By-Law 5139-23.
Dated: July ~, 2005
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SITE PLAN
#57 MEADO\NEW DRIVE
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NANTUCKET. MASSACHUSETTS
SCALE:1"=50' DATE: 6-1-05
DEED REFERENCE: C-16,923
PLAN REFERENCE: LC.PL. 35397 F
ASSESSOR'S REFERENCE:
MAP: 56 PARCEL: 169.2
PREPARED FOR:
JOHN G. HALLETT, JR.
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JANICE L. OMARA
56-110
CURRENT ZONING: R-2/PWR
MINIMUM LOT SIZE: 20,000 S.F.
MINIMUM FRONTAGE: 75 FT.
FRONTY ARD SETBACK: 30 FT.
SIDE AND REAR SETBACK: 10 FT.
ALLOW ABLE G.C.R.: 12.5%
EXISTING G.eR.: 6.8 %
FOR PROPERTY LItE: DETERMNA TION ThIS PLOT PLAN
RB..ES ON ClRRENT DEEDS AN> PLANS <F REcom.
~YIS~ :~::~~~ri\: ~~ON. NANTUCKET SURVEYORS INC.
~TION OR A REcomAB..E SlRVEY. ~ /7/"~ _~.~Y WAY
~.c:.~KET, MA. 02554
N.B.308-2 272-22 'U;<<at4I7:".'.. ~pnc. &.l~~ tI SHEET 1 N-8249
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