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HomeMy WebLinkAbout069-07 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August ~ ,2007 To: Parties in Interest and. Others concerned with the Decision of d the BOARD OF APPEALS in the Application of the following: --.J Application No. : --~ B I N Owner/Applicant: KENT J. MURPHY AND LINDA J. MURPHY, TRUSTEES 18 AMELIA DRIVE NOMINEE TRUST ~ uJ 069-07 :- \ .,..,.... Enclosed is the Decision of the BOARD OF APPEALS which ha~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. elL 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 67 Parcel 440 RC-2 18 Amelia Drive Plan File 30-D, Lot 11 Deed Ref. 777/275 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 12:00 P.M., Friday, July 13, 2007, in the Conference Room, 2 Fairgrounds Road, Nantucket, Massachusetts, on the Application of Kent J. Murphy and Linda J. Murphy, Trustees -18 Amelia Drive Nominee Trust, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, Board of Appeals File No. 069-07, the Board made the following Decision: 1. The Applicants are seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-9B(2)(a),(b) and (c) (light manufacturing; storage and warehousing of goods, materials and equipment; and fabrication and assembly of component parts for off-site construction or use) in order to convert the rear storage/warehousing bays to commercial shop space. Applicants are also seeking relief by SPECIAL PERMIT pursuant Zoning By-law Section 139-18 (Parking requirements) to waive three on-site parking spaces. The Applicants propose to provide 12 of the required 15 on-site conforming parking spaces, related to the two existing second floor apartments, first floor retail shop and conversion of the currently noncommercial four storage/warehousing bays to commercial use. Applicants can provide a conforming loading zone space with ten exterior parking spaces. However, if the Board feels that provision of twelve parking spaces is more desired, then SPECIAL PERMIT relief pursuant to Zoning By-law Section 139-20 to waive the loading zone is sought. The lot and structure otherwise conform to all other dimensional zoning requirements. The Premises is located at 18 AMELIA DRIVE, Assessor's Map 67, Parcel 440, Plan File 30-D, Lot 11. The property is zoned Residential~Commercial-2. 2. The Decision is based upon the Application and materials submitted with it and testimony and evidence presented at the hearing. The Planning Board made no recommendation as the matter was not of planning concern. There were no letters from abutters on file. Other than the supportive presentation made by the Applicants' representative, there was no opposition expressed at the public hearing. On file was a letter dated July 12, 2007 from Robert Gardner, General Manager of the Wannacomet Water Company, stating that he had reviewed the proposal and found that the project met the requirements of Zoning By-law Section 139-12 and further that he issued a "Certificate of Water Quality Compliance", further stating that the "proposed change in use [would] not have a negative impact on ground water quality". 3. Applicants, through counsel, represented that in 2002 the current owners purchased the land with the approved plans and building permit obtained by the previous owner without realizing that the mixed-use commercial/residential structure had not specifically been approved for commercial contractor's shop space. Applicants constructed the existing building, received Certificate of Occupancy 2004-0269 and have rented the front commercial space as a retail/office space and operated the contractor's shop from the rear first floor area with at times multiple commercial tenants in the four bays, with two apartments on the second floor. Unbeknownst to the Applicants when they purchased the structure, the commercial garage-style bays were originally designated for residential storage and boat storage, uses allowed as a matter of right without relief from this Board. Applicants were further confused about whether the commercial uses were allowed under the original building permit after a recent review of the Building Department file as the use of the rear portion of the structure was not specifically called out on the application. When the Applicants later learned, when the property was offered for sale, that special permit was required to validate and continue using the existing commercial shop space as stated, (retail/office being allowed as a matter of right without relief from this Board), Applicants applied for such relief, which included relief to regularize the parking and loading zone area. Applicants stated that, under the relief applied for, a maximum of two commercial tenants would be operating from the first floor commercial space and thus the impact would be less than the current four to five separate commercial users, thereby reducing the number of people and vehicles accessing the site related to the commercial use. Applicants also noted that a majority of the other lots on Amelia Drive are either strictly commercial use or mixed commercial/residential uses similar to the Applicants' proposal and that the property is situated in the Residential-Commercial-2 mid-Island area. Applicants' change of use also requires a re-examination and compliance with the parking and loading zone requirements. If the relief for the above uses had been applied for at the time the building was built and occupied in 2002 - 2004, the parking requirement for the current uses would have been ten spaces plus one loading zone, and the locus would have been in compliance. However, due to subsequent changes in the Nantucket Zoning By-law related to the parking requirements for duplex units, the residential portion of the building now requires seven parking spaces (l/bedroom) rather than two (l/dwelling unit), even though there is no actual change in the number of dwellings or bedrooms. The uses were exempt from the new parking requirements. However, when the Applicants applied to change the use through this Application, the new parking requirements had to be applied and the change in use as if newly constructed. Applicants assert that a grant of relief from the off-street parking requirements of Zoning By-law Section 139-18 and the off-street loading zone requirements of Zoning By-law Section 139-20, to the extent necessary, would be appropriate. If used as proposed, the Zoning By-law applicable to the Premise would require a minimum of fifteen parking spaces, including one handicapped space, and a loading zone. As the uses require fifteen parking spaces, State Law 521 CMR 23.00 related to handicap parking space provision is triggered and one of the spaces has to be a larger van accessible space with a stripped access lane, taking up two 9' x 20' parking spaces. However, Applicants state that it is physically impossible to provide the required parking and loading zone spaces within the existing parking area due to the size and shape of the existing building and the lot. Therefore, Applicants seek either a waiver of five of the fifteen parking spaces in order to provide the loading zone, or a waiver of the loading zone and three of the fifteen parking spaces. Applicants state that granting this request would not have an adverse or detrimental effect on the neighborhood and would not be contrary to sound traffic and safety considerations. Applicants also note that a more intense situation has existed from the time of construction to the present without complaint or problems and a reduction to two commercial tenants would drastically lessen the intensity of use on the property. Applicants argue that the inability to provide both the required parking and loading zone spaces was due to a technical change to the parking requirements of the Zoning By-law after the time the structure was built and not due to the any material change to the uses or expansion of the structure. Had the Applicants officially changed the use of the structure prior to the alteration of the Zoning By-law the property would have fully complied. 4. Therefore, based upon the foregoing, the Board finds that a grant of special permit relief for the proposed uses of the rear first floor portion of the structure for light manufacturing, interior storage and warehousing of commercial materials and equipment, and fabrication and assembly of component parts for off-site construction or use, in conjunction with use as a contractor's shop allowed under Nantucket Zoning By-law Sections 139-9B (2)(a), (b) and (c), would be in harmony with the general purpose and intent of the Zoning By-law and consistent with similar commercial uses in the immediate neighborhood. Additionally, the Board finds that the uses sought by the Applicant would not inherently be in violation of Zoning By-law Section 139-7E(4) of the Zoning By-law as a result of the conditions imposed below. In addition, the Board finds that the conversion of the use from "boat storage" to commercial shop space increased the parking requirement and as a result of the siting of the existing structure full compliance with the parking and loading zone requirements would be physically impossible to provide entirely on site, and a waiver of the parking and loading zone requirements to the extent necessary, would be in harmony with the general purpose and intent of the Zoning By-law and would not be contrary to sound traffic and safety considerations. In reality, the use of the property has been consistent for several years without incident and the relief herein granted pursuant to the conditions imposed below, would actually de<;rease the intensity of use on the property, even though there was an increase in the parking requirement. The Board further notes that provision of parking in lieu of the required loading zone space was preferable. The Board also finds that Amelia Drive is substantially developed in a similar manner as the Premises, with mixed-use residential-commercial buildings of similar size. The Board further finds that there would be a significant benefit to the public good with the reduction of the current number of commercial tenants in the building to two commercial tenants. The Board finds that there would be a significant benefit with the addition of a van accessible handicapped parking space for the retail/office space. 5. Accordingly, by vote of a four in favor (Waine, Koseatac, Wiley, Botticelli) and one opposed (Tupper), the Board GRANTS the requested relief by SPECIAL PERMIT pursuant to the following Nantucket Zoning By-law sections: (a) Nantucket Zoning By-law Section 139-9B(2)(a), (b) and (c), to validate and expand the commercial use of the rear commercial shop space, as proposed to encompass the areas of the first floor of the structure designated as "proposed shop," as shown on the Site Plan of Land, done by Weller and Associates, dated July 2,2007 and revised on July 19, 2007, a reduced copy of which is attached hereto as Exhibit A, to be used for light manufacturing, storage and warehousing of commercial materials and equipment, and fabrication and assembly of component parts for off- site construction or use, while maintaining the two second floor dwelling units and retail/office space in the front of the structure; (b) Nantucket Zoning By-law Section 139-18 to waive three of the required 15 parking spaces; and (c) Nantucket Zoning By-law Section 139-20 to waive the required loading zone in favor of provision of more of the required parking spaces on site. 6. The above granted Special Permit relief is hereby conditioned upon the following: (a) The parking areas and screening shall be maintained in substantial conformance with Exhibit A; (b) The basement shall be restricted to residential use and storage; ( c) There shall be a maximum of two separate commercial tenants operating on the first floor of the structure, without further relief from this Board, which space is inclusive of the rear commercial shop area and the front retail/office space; (d) There shall be no more than a total of seven bedrooms on the property contained within the two residential apartments (one three-bedroom unit and one four-bedroom unit), without further relief from this Board; (e) There shall be no outside storage of goods and/or materials associated with the commercial uses, without further relief from this Board; (f) The hours of operation of the rear commercial shop sections shall be limited to no earlier than 7:30 A.M. and no later than 7:00 P.M., Monday through Saturday, with no commercial manufacturing or fabrication activities on Sundays; and (g) When heavy power equipment is being operated in the rear commercial shop section of the structure, all exterior doors and windows in that shop area shall be closed, and all use of heavy power equipment shall cease by 6:00 PM. 7. 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(j) ~N~ tt: o t-- ~ :3 0... <( '- 111 ~ <Jl <() o ~ o :ti <0 ::i => z <0 Q r \) \ 0- I (' ~~ TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public aearing of the NANTUCKET ZONING BOARD OF APPEALS win be held at 12:00 P.M.. FRIDAY. JULY 13.2007. in the Conference Room, 2 FAIRGROUNDS ROAD, Nantucket, MA, on the Application of the following: KENT J. MURPHY AND LINDA J. MURPHY~ TRUSTEES OF 18 AMELIA DRIVE NOMINEE TRUST BOARD OF APPEALS FILE NO. 069-07 The Applicants are seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By- law Section 139-9B(2)(a),(b) and (c) (light manufacturing; storage and warehousing of goods, materials and equipment; and fabrication and assembly of component parts for off-site construction or use) in order to convert the rear storage/warehousing bays to commercial shop space. Applicants are also seeking reliefby SPECIAL PERMIT pursuant Zoning By'"taw Section 139-18 (Parking requirements) to waive two on-site parking spaces. The Applicants propose to provide 13 of the required 15 on-site conforming parking spaces, related to the two existing second floor apartments, first floor retail shop and conversion of the currently noncommercial four storage/warehousing bays to commercial use for up to four separate tenants. Applicants can provide a conforming loading zone space in place of the two required parking spaces. However, if the Board feels that provision of the two parkIng spaces is more desired, then SPECIAL PERMIT relief pursuant to Zoning By..;law Section 139-20 to waive the loading zone is sought. The lot and structure otherwise conform to all other dimensional zoning requirements. The Premises is located at 18 AMELIA DRIVE, Assessor's Map 67, Parcel 440, Plan File 30-D, Lot 11. The property is zoned Residential-Commercial-2. /lj{Rjt\ ~JCO M4--- Nancy 1. Sevrens hairman 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, MASSACHUSETTS 02554 APPLICATION FOR RELIEF CASE NO(;l..r:11cJ2 FEE: $300.00 Owner's name(s):_ Kent J. Murphy and Linda J. Murphy, Trustees - 18 Amelia Drive N. T. Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP Applicant's name(s): Same Mailing address: 6 Youn2's Way, Post Office Box 2669, Nantucket, Massachusetts 02584 Locus address: 18 Amelia Drive Assessor's Map/Parcel: 67-440 Record for Lot: Plan File P{lan File 30-D Lot No.: 11 Date lot acquired: 9/30/02 Deed: 777-275 Zoning District: RC-2 Uses on Lot - Commercial: Office, stora2e, fabrication, and manufacturin2 Residential: 2 apartments d ---J , J Building Date(s): All pre-date 7/72? no Building Permit Nos: 2002-1697 Previous Zoning Board Application Nos. : no C of O(s)? 2004-0269 1'-' ::,0 'J . _oJ '"..r: l...; State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: See attached addendum. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perju y. SIGNATURE: Applicant Attorney/Agent x (If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board) FORjZ",*,O.I.WICE USE ( j A 0 0 ~ Application received on: -.fw fi{./([1 By: lJ.J )}J.J Complete: N eed cop~ ~ Filed with Town Clerk: C2i2J?i:Jl Plarmln.g ~oard:_/-=-r---BYililjng Dept.: / / ~:~ Fee deposited with Town Treasurer: (Q/2.&1P1 By: ~aiver requested?:_Granted:_/_/_ Hearing notice posted with Town Clerk:iQ;~6) Mailed:&Jl2;~ I&M:LQ.J~ & ~/ff-.d2 Hearing(s) held on:_/_/_ Opened on:~~_ Continued to:_/_/_ Withdrawn?:_/_/_ DECISION DUE BY:_/_/_ Made:~_/_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_ DECISION APPEALED?:_/_/_ SUPERIOR COURT: LAND COURT Form 4/03/03 ADDENDUM TO APPLICATION OF MURPHY FOR 18 AMELIA DRIVE Proposal: The lot known as 18 Amelia Drive is 12,954 +/- in a district requiring a minimum of 5,000 SF. The lot is improved with a mixed use building containing 872 +/- SF of mercantile (retail) space in the front on the first floor and four currently noncommercial storage spaces totaling 2,881 + / - SF in the rear of the first floor. There are two apartments on the second floor, one with three bedrooms and one with four bedrooms. The Applicants propose to convert the rear units to commercial use as four separate commercial shop spaces, each potentially for use by a separate commercial user, as would be allowed of right in this district, but with the additional relief of the permitted uses requested below. Applicants note that the rear commercial space would continue to not be used ancillary to the retail space or the separate residential use on the second floor. Relief Requested: The Applicants request Special Permit relief pursuant to Nantucket Zoning By-law ~139-9.B(2) (a), (b) and (c) for light manufacturing; storage and warehousing of goods, materials and equipment; and fabrication and assembly of component parts for off-site construction or use, respectively. Applicants note that such mixed commercial-residential uses are common in the area and would not be a detriment or out of character with the heavily developed commercial district. The Applicants also request Special Permit relief pursuant to Nantucket Zoning By-law ~139-18 for relief from the off-street parking requirements. The Applicants propose to provide 13 of the required 15 on-site conforming parking spaces. Thus, Applicants seek a waiver of two parking spaces. Applicants can provide a conforming loading zone space in place of the two parking spaces, as shown on the attached site plan. However, if the Board determines that provision of the two parking spaces is more desired, then Special Permit relief to waive the loading zone is sought pursuant to Zoning By-law ~139-20. Applicants note that the building is existing and that the parking and loading zone waivers requested are related to the change in use sought herein. Due to the existing building and lot configuration, it is not possible or practical to provide 15 parking spaces and a loading zone for this lot, and the granting of relief regarding two parking spaces and/or the loading zone would not be adverse to the general purpose or intent of the Zoning By-law or detrimental to the neighborhood. The lot and structure otherwise conform to all other dimensional zoning requirements. Town of Nantucket Web GIS - Printable Map Page I of2 Town of Nantucket Web GIS Prop ID Address Owner Sale Date Sale Price Book/Page Lot Size 67 440 18 AMELIA DR MURPHY KENT J & LINDA J TRS 18 AMELIA DR NOMINEE TRUST 41 ESSEX ROAD NANTUCKET, MA 2554 09/30/2002 $382,500 00777/0275 0.29 acres NOT A LEGAL DOCUMENT C) For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Disc!<lJ.rner The information displayed on this or any other map produced by The Town of Nantucket is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for determining the suitability for individual needs. All information is from the Town of Nantucket Gp.nnr:::.nhir Tnfnrm:::.tinn c::.vc:::tp.m ((.;Te::, r/:::.t::lh.::.c:::p. ~ .~~4;. V y ~~O Town of Nantucket, Mass Map Composed http://host.appgeo.comlnantucketma/PrintableMap.aspx?Preserve=Width&Map Width= 172... 6/27/2007 Town of Nantucket Web GIS - Printable Map Page 1 of2 Prop ID Address Owner Sale Date Sale Price Book/Page Lot Size Town of Nantucket Web GIS 67 440 18 AMELIA DR MURPHY KENT] & LINDA ] TRS 18 AMELIA DR NOMINEE TRUST 41 ESSEX ROAD NANTUCKET, MA 2554 09/30/2002 $382,500 00777/0275 0.29 acres . NOT A LEGAL DOCUMENT For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. l2Ls_cJ<limer The information displayed on this or any other map produced by The Town of Nantucket is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for determining the sUitability for individual needs. All information is from the Town of Nantucket ~p()f1r~nhir Tnf"rm~tinn ~\Il::tpm r(:;;rc;, rl.:=lt::.h.:=lC:;,:r. ~. 5 J'V ~~ Town of Nantucket, Mass Map Composed http://host.appgeo.comlnantucketma/PrintableMap.aspx?Preserve=Width&Map Width= 172... 6/2712007 CD <1l (}Iv/ " 0 :t> VI ./ / i~' -. " '-, ;'\~ .. u. ,,., N~ . -<1'1 "'~N Q) VI " '- >" , " o '" ZONING CLASSIFICATION. . RC;:.-1-, , MIN. AREA: , , (5, oqo . ,s..F. . MIN. FRONT AGE: .49. ,FT'. . FRONT YARD S,8,: ,;;;q . IT.. - REAR & SIDE S, 8, : .0 ,F:0, , GROUND COVER (1.1, . 5q ,i;: . , AMELIA I. " I. -+- . I I . I . I - I<;OGE oFL _ .:... _ . ASPHALT . I' I I. -T- ~ i , I I, . I I ,.: _ J l co~ MOIJ 'DRI~~A.Y I::"AGE:MEIJT DEED BK,487-335' A5PHALT PARKING '8 '" ~ EXIS TI~;G: , .r?/~-4, ~'$. F. ,~~ ,~~N : :~O:I;t:: / ONLY ORIGINALLY STAMPED ANO ENDORSED COPIES OF THIS PLAN SHAlL BE ACKNOWLEDGED BY THE CERnFYING- LAND SURVEYOR, DRIVE OF ., >iALT SiDE'w',AU( ---+ 10t.00' I I I. _1-:'- 'N I I , UTILITY ~ SLOPE" e:A.S E.MlCJ.fT 4T9-Z79 \U <II e '" a 0 t;j f- ILl > i:i Il.. / G' l"LANK Ft:1-t:1i: 102.00. . , u, "" I CERTIFY. AS OF : , . G" ~ '::;,' .q~ , THAT THE BUILOINGISI 151 ARE LOCI, TED ON THE GROUNO AS SHOWN HEREON, ~it'" ~tl'-lQQ PROFESSIONAL LAND SURVEYOR THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF N^NTUCKET BUILDING DEP^RTMENT ONL Y AND SHOULD NOT 8E CONSIDERED A PROPERTY LINE SURVEY, THIS PLAN SHOULD NOT 8E USED TO ESTABLISH PROPERTY LINES. FENCES, HEDGES OR ^NY ^NCILLARY STRUCTURES ON THE PREMISES, THE PROPERTY LINES SHOWN !lEL Y ON CURRENT DEEDS ^ND Pl^NS OF RECORD. THIS PLOT Pl^N IS NOT A CERTlFIC^TION ^S TO TITLE OR OWNERSHIP OF THE PROPERTY -SHOWN. OWNERS OF ADJOINING PROPERTIES ^RE SHOWN ACCORDING TO CURRENT ^SSESOR RECORDS, ASSESSOR MAP: ,~7, . PARCEL: :419, :\JuaS\H8\8LP BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1", 2.0' DATE: J1JNE 9,2004 Owner: ,EJ{-0,N, ,091;lJf., .!?pl..L.T!: ,T/<;Lf~T LOT ,( Deed: .B.K: ~?? .~: 1$9 Plen: fi.l..~. ~9:l:? , Locus: 7 rfl . A/.1,f<..L!P:-. I:?~/'(~ . . , . BLACKWELL a.nd ASSOCIATES, Inc. Professional La.nd Su.ruey07's 20 TEASDALE CIRCLE NANTUCKE~ ~SS. 02554 (508) 228-9026 BGo83 NOT TO BE RECORDED .,... l' , , , , , , , , , , / , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , /"................. , , , , , , , , ~'v ~ <J ,~ fQ' t DRIVEWAY EASEMENT , , , , , '-', " " '... 1P 5 I 00 Town of Nantucket Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATIER OF THE PETITION OF: PROPERTYOWNER..f/~.'1:D~..?lI~.jlrS MAILING ADDRESS................................................................................... PROPERTYLOCATION......./.?....~..~~....... ASSESSOR MAP/P ARCEL............... .0.. 2. .~.~(.'!..q................................... APPLlCAm:........./(~....2n~............ SEE A TI ACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 40A Section 139-29B (2) "7nf-;Act ,2tJt77 DATE I .. ~-~ A.SSESSOR'S ~E .. 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