HomeMy WebLinkAbout025-02
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSE'ITS 02554
Date: R-fILI L cj
, 2002..
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
() 2- S- -0 2...
Owner/Applicant: fJoSEG-A ~ t lfrh TED
(?fthN<' te. c')H ( 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.
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 U139-30I (SPECIAL PERMITS); 0139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
One East Chestnut street
Nantucket, Massachusetts 02554
Assessor's Map 73.1.4, Parcel 13
One Nosegay Lane
Siasconset Residential-2
Plan Book 20, Page 49
Lot 2
Deed Ref. 648/119 and 709/158
DECISION:
1. At a public hearing of the Nantucket zoning Board of
Appeals, on Friday, March 8, 2002 at 1:00 P.M., in the
Conference Room, in the Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, the Board made the following
Decision on the Application of NOSEGAY LIMITED PARTNERSHIP, c/o
Sarah F. Alger, Two Union Street, Nantucket, Massachusetts
02584, File No. 025-02:
2. Applicant is seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-Law Section 139-16C(2), or in the
alternative, a VARIANCE under Section 139-16A (Intensity
Regulations setback). Applicant is seeking to validate the
said to be unintentional setback intrusion of a roof and support
posts, which are sited about 2.4 inches into the 30-foot
required front yard setback area. Applicant also seeks a
finding from this Board that a stone patio is a landscaping
detail, and not a structure within the meaning of the By-Law, as
defined in By-Law Section 139-2, and that, therefore, no relief
as to front yard setback requirements for such patio is
required. In the alternative, the Applicant seeks further relief
by VARIANCE under Section 139-16A to validate the intrusion of
the patio of about 15 feet into the required 30-foot front yard
setback area. The Applicant is requesting this relief because
the Zoning Enforcement Officer took a position that such patio
is a porch and thus a structure for setback purposes. The Locus
is nonconforming as to lot size, containing about 9,680 square
feet of area in a district that requires a minimum lot size of
20,000 square feet; as to setback, with the dwelling being sited
as close as about 9. 7 feet from the rear yard lot line, in a
district that requires a minimum rear yard setback of ten (10)
feet; and as to ground cover, with the Locus containing about
1,733 square feet of ground cover (about 17.9%), where maximum
permitted ground cover for a lot of record is 1,500 square feet
or 12.5%, whichever is greater.
The Premises is located at ONE NOSEGAY LANE, Assessor's Map
73.1.4, Parcel 13, Plan Book 20, Page 49, Lot 2. The property is
zoned Siasconset Residential-2.
3. Our Decision is based upon the Application and
accompanying materials, and representations and testimony
received at our public hearing. The Planning Board
recommendation stated that in its opinion at-grade patios are
not generally considered part of a structure, but that because
the Applicant has constructed a patio that is several steps
above grade, it should be considered a "platform" and therefore
a structure not exempt from setback requirements. As a result,
the Planning Board supported the opinion of the Zoning
Enforcement Officer that the patio needs relief from the front
yard setback requirement. There was no opposition presented at
the public hearing. The attorney for a prior owner of the
Locus, as well as the Applicant's builder and legal
representative, voiced support for the application.
4. The violations arise out of the renovation of a pre-
existing nonconforming dwelling upon the Premises and involve
the addition of a raised patio, a portion of which is covered by
a roof supported by posts set in footings in the ground. The
renovation was based upon a survey of the property prepared by a
licensed surveyor. The posts were properly positioned and met
the setback requirement of the By-Law, but their positioning did
not allow for the decorative column work that was constructed to
surround them. It is this column work that intrudes into the
front yard setback by 2.4 inches. The roof overhang supported
by these posts likewise intrudes into the front yard setback by
2.4 inches. As a result of past local practice, the patio was
thought to be a landscape feature, and not a structure needing
to conform to setback requirements within the meaning of the By-
Law. It is raised two steps above grade and is constructed
about 15 feet into the required front yard setback. All of the
violations were unintentional, and the work was performed in
good faith.
5. Under By-Law ~139-16C(2), the Board of Appeals is
empowered to grant a Special Permit to validate unintentional
setback intrusions not greater than five feet into a required
yard and not closer than four feet from a lot line, provided
that the Board finds that the burden of correcting the intrusion
substantially outweighs any benefit to an abutter of eliminating
the intrusion and the structure was sited based reasonably upon
a licensed survey. In the light of the fact that the intrusion
is upon front yard setback and no neighboring property owner has
objected, no benefit to an abutter from correction of the
intrusion is apparent. As noted above, the siting was based
upon a survey by a licensed surveyor, and said siting was
unintentional due to the confusion about post details and roof
overhang.
6. Under By-Law ~139-32A, the Board has the power to
grant a variance upon the specific finding that owing to
circumstances relating to the soil condi tions, shape or
topography of such land or structures and especially affecting
such land or structures but not affecting generally the zoning
district in which it is located, a literal enforcement of the
provisions of this Zoning By-Law would involve substantial
hardship, financial or otherwise, to the Applicant, and the
desirable relief may be granted without substantial detriment to
the public good and without nullifying or substantially
derogating from the intent or purpose of such By-Law. In this
case, the Board agrees with the Zoning Enforcement Officer that
the raised patio is a structure that must maintain front yard
setback. Due to the extent of the intrusion, relief must be by
Variance. Based upon the siting of the pre-existing,
nonconforming structure on the Locus; the location of wetlands
2
-.
near the Locus that placed the Locus within the jurisdiction of
the Conservation Commission, which imposed restrictions upon the
siting of additional improvements and the materials of such
improvements as represented at the hearing; the uncertain status
of the patio as a landscaping detail or a structure; the
enormous cost that would be incurred by the Applicant if this
patio, which was dry laid as required by the Conservation
Commission, had to be rebuilt or removed; and the lack of
opposition to the Application, the Board makes such specific
findings.
7. Accordingly, by a UNANIMOUS vote, the Board of Appeals
makes the finding that the burden of correcting the intrusion
substantially outweighs any benefit to an abutter of eliminating
the intrusion and that the subject columns and roof overhang
were sited based reasonably upon a licensed survey, and GRANTS
the requested relief by SPECIAL PERMIT under Nantucket Zoning
By-Law ~139-16C(2), validating the siting of the porch columns
and porch roof overhang about 2.4 inches into the required front
yard setback; and by a vote of four (4) in favor (O'Mara,
Sanford, Toole, and Waine) and one (1) opposed (Sevrens), the
Board GRANTS relief by VARIANCE under Nantucket Zoning By-Law
~139-16A, validating the siting of the raised patio, based upon
a finding that there was a uniqueness of the topography, soil
conditions, and shape of the Locus, the pre-existing non-
conforming structure, and the patio and confusion as to whether
the patio was a landscape element or part of the structure; that
a literal enforcement of the provisions of this Zoning By-Law
would involve substantial financial hardship to the Applicant;
and the desirable relief may be granted without substantial
detriment to the public good and wi thout nullifying or
substantially derogating from the intent or purpose of such By-
Law. Relief is conditioned upon the following:
a. The porch/raised patio area is substantially as
shown upon the Plot Plan by Blackwell and Associates,
Inc., dated January 4, 2002, a reduced copy of which is
attached h~eto as Exhibit A. ~.
Dated: April ~ , 2002
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ZONING CLASSIFICA TION:R-2
EXISTING:
9680 S.F. :I:
SEE' PLAN' . .
:;~E: ~L~~ : : :
SEE. P.L~N . . .
n~ ro.:!; . . .
MIN. AREA: . . . . . ~q.qO.O. S.-F: .
MIN. FRONTAGE: . . . . . 7.5. n. .
FRONT YARD S.B.: . . . .3P.FJ..
REAR & 'SIDE S. B. : . . 10. I;T. .
GROUND COVER (,;): . . .12.5.';.
73.1.4-14
N/F
KELLER
73.1.4-14
N/F
KELLER
"
/"',
/ ,
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EXISTING
SHELL
!VOs. DRIVEWAY~ //
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73.1.4-48
N/F
N/F TOWN OF NANTUCKET
BUILDING LOCATION PLAN
OF LAND IN
NANTUCKET, MASS.
THIS PLOT PLAN WAS PREPARED FOR THE TOWN
OF NANTUCKET BUILDING DEPARTMENT ONLY AND
SHOULD NOT BE CONSIDERED A PROPERTY LINE
SURVEY. THIS PLAN SHOULD NOT BE USED TO
ESTABLISH PROPERTY LINES. FENCES. HEDGES OR
ANY ANCILLARY STRUCTURES ON THE PREMISES.
THE PROPERTY LINES SHOWN RELY ON CURRENT
DEEDS AND PLANS OF RECORD.
THIS PLOT PLAN IS NOT A CERTIFICA TION AS TO
TITLE OR OWNERSHIP OF THE PROPERTY SHOWN.
OWNERS OF' ADJOINING PROPERTIES ARE SHOWN
ACCORDING TO CURRENT ASSESOR RECORDS.
ASSESSOR MAP: n.\.~ . . PARCEL: . Qq. .
SCALE: ,"= 20' DATE: JAN. 04, 2002
Owner: . .~y.~.p~~ . . . . .
(LOT e)
Deed: B.K'.7~9.P~'.1~8.Plon: . ~Kl.e? :u: ~9. .
Locus: . . . ..! ~O~E9A! ~T~E~T. . . . .
BLACICRLL and ASSOClAf'BS, Inc.
ProlessionaJ. La:nd. Surueyors
20 TEASDALE CIRCLE
NANTUCKET. MASS. 02554
(508) 228-9026 B - 551 0
C.\PRO.l'TCB\B5510\BLP.dwg 01115/02 10038.17 AM EST
'Cvl tfir
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETIS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00
P.M., FRIDAY, MARCH 8, 2002, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING,
37 Washington Street, Nantucket, Massachusetts, on the Application of the following:
NOSEGAY LIMITED PARTNERSIDP
BOARD OF APPEALS FILE NO. 025-02
Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law Section 139-
16C(2), or in the ahernative, a VARIANCE under Section 139-16A (Intensity Regulations - setback).
Applicant is seeking to validate the said to be unintentional setback intrusion of a roof and support posts,
which are sited about 2.4 inches into the 30-foot required front yard setback area. Applicant also seeks a
rmding from this Board that a stone patio is a landscaping detaa and not a structure within the meaning
of the By-Law, as defined in By-Law Section 139-2, and that, therefore, no relief as to front yard
setback requirements for such patio is required. In the alternative, the Applicant seeks further relief by
VARIANCE under Section 139-16A to validate the intrusion of the patio of about 15 feet into the
required 30-foot front yard setback area. The Applicant is requesting this relief because the Zoning
Enforcement Officer took a position that such patio is a porch and thus a structure for setback purposes.
The Locus is nonconforming as to lot size with the Lot containing about 9,680 square feet of area in a
district that requires a minimum lot size of20,000 square feet; and as to setback, with the dwelling being
sited as close as about 9.7 feet from the rear yard lot line, in a district that requires a minimum rear yard
setback often (10) feet; and as to ground cover, with the Locus containing about 1,733 square feet of
ground cover (about 17.90.10), where maximum permitted ground cover for a lot of record is 1,500 square
feet or 12.5%, whichever is greater.
The Premises is located at 1 NOSEGAY LANE, Assessor's Map 73.1.4, Parcel 13, Plan Book
20, Page 49, Lot 2. The property is zoned Residential-2.
fh
TIllS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE
FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION.
__I;f<,.;~m..:..;~:..,; ^' p
BOA Form 1-89
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
~.
CASE No. ~5~ -02
APPLICATION FOR RELIEF
Owner's name(s): Noseqav Limited Partnershi?
Mailing address: c/o Sarah F. A1qer, 2 Union Street, Nantucket, MA
Applicant's name: Same
Mailing address: Same
Location of lot: Assessor's map and parcel number 73.1.4-~
Street address: 1 Noseqav Lane, Nantucket, Massachusetts
Registry Land Ct Plan, Plan Bk & Pg or Lot 2, Plan Book 20, Paqe 49
Date lot acquired: 01/121QQ Deed Ref Book 648, Paqe 119 and Book
709, Paqe 158 Zoning district Sconset Residential-2
Uses on lot - commercial: None K or MCD? No
- number of: dwell~ngs 1. duplex Q apartments Q rental rooms Q ,.-
Building date(s): all pre-8/72? __ or C of O?
Building Permit app1'n Nos. 340-00
Case Nos. all BoA applications, lawsuits:
State fully all zoning relief sought and respective Code sections
and ~ubsections, specifically what you propose compared to present and
what grounds you urge for BoA to make each finding per Section 139-32A
K if Variance, 139-30A K if a Special Permit (and 139-33A __ if to
alter or extend a nonconforming use). If appeal per 139-31A & B __'
attach decision or order1 appealed. OK to attach addendum2
Please refer to the attached addendum.
Items enclosed as part of this Application: order1 addendum2 K~
Locus map K Site plan K showing present K + planned __ structures
Floor plans present __ proposed __ elevations __(HDC approved? K)
Listing lot area K frontage K setbacks K GCR K parking data __
Assessor-certified addressee list 4 sets __ mailing labels 2 sets
$200 fee payable to Town of Nantucket __ proof3 'cap' covenant __
l(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under tpe pains and
penalties of ~jur)1;1J,~
SIGNATURE, ~ ,/-ro- I~ Applicant _ Attorney/agent Z
3(If not owner or owner's attorney, enclose proof of authority)
FOR BoA OFFICE USE
Application copies rec'd: 4 V~r for BoA on L.IY<!J2- by ~
One copy filed with Town Clerk on ~j~C22- by ~ complete? C--J
One copy each to Planning Bd and Building Dept ~ ~ by ~
$200 fee check given Town Treasurer on '~.iZll(~ b~ ~. waived? ~
Hearing notice posteoz-iZllC!2 mailed ZI71lt!t/I & M Z/Z/)(f2. 7.Jff~
Hearing (s) on __1__/__ cont' d to __1__/__ __I __I __ wi thdrawn? _/ _/ _
Decision due by __I __I __ made _I __I __ filed TC _I __I __ mailed _/ _/_
See related cases lawsuits ~~31J NMGJlher
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Addendum
.s.
Nosegay Limited Partnership
Board of Appeals Application
One Nosegay Lane
Siasconset, Massachusetts
Applicant seeks a Special Permit under Nantucket Zoning By-Law
(the "By-Law") Si139-16 (C) (2), or in the alternative, a Variance
under By-~aw Si139-16A, to validate the unint~ntional, de minimus
intrusion of the roof and support posts about 0.2 feet (2. 4:t
inches) into the 30-foot front yard setback required in this
Siasconset Residential-2 zoning district. The Applicant also
seeks a finding that the patio is a landscaping detail, and not
a structure within the meaning of the By-Law, as defined in By-
Law Si139-2, and that, therefore, no relief as to front yard
setback requirements for such patio is required. In the
alternative, the Applicant seeks a Variance under By-Law Si139-
30A to validate the intrusion of the patio of about 15 feet into
the required 30-foot front yard setback area. The, Applicant is
requesting this relief, because the Zoning Enforcement Officer,
in a letter dated October 22, 2001, took the position that such
patio is a porch and thus a structure for setback purposes. The
Locus is a pre-existing, nonconforming lot of record containing
about 9680 square feet of land area in a zone that requires a
minimum lot size of 20,000. The structure is also pre-existing,
non-conforming, having been constructed in about 1978 when the
property was zoned Residential-I, prior to the re-zoning of this
area of Siasconset from Residential-1 to Residential-2 at the
1984 Annual Town Meeting. The structure is non-conforming as to
rear yard setback having a rear yard setback of about 9.7 feet,
where a minimum of 10 feet is required, and as to ground cover,
having ground cover of about 1,733 square feet (17.9%), where
maximum permitted ground cover for a lot record is 1,500 square
feet or 12.5%, whichever is greater. The Locus and the
structure are otherwise in conformity with the dimensional
requirements of the By-Law.
Town of Nantucket
Office of Zoning Enforcement
37 Washington St., Nantucket, MA 02554
Marcus Silverstein
Zoning Officer
Ph. 508-325-7578
Fax: 508-325-7579
....
October 22, 2001
Larry Pollock
18100 South Park Blvd.
Shaker Heights, OH 44120
Mr. Pollock:
Your request for a Certificate of Occupancy for Building Permit no. 340-00 has, for the
following reason(s), been denied.
Your property at 1 Nosegay Ln., Siasconset, MA (Map# 73.1.4, Parcel# 13) is within the
Sconset Residential-2 (SR-2) Zone (formerly Residential-2). Per ~139-16, the required
front yard setback is thirty (30) feet. Review of the as-built site plan submitted as part of
your request, revealed a roof overhang that extends less-than-a-foot (O.6-feet) and a front
porch that extends to approximately fifteen (15) feet into said setback. You will be
required to obtain relief from the Zoning Board of Appeals prior to issuance of the
Certificate of Occupancy.
If you have any questions regarding this notice, please call or fax.
Marc 1 V stein
Zoning Enforcement Officer
Town of Nantucket
cc:
on file
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If you believe you have received this Notice lD error, or if you are 81grieved by this Notice. you may show cause as to why you
should not be requlrecl to comply, by f'IIinI a Notke of Appeal (specifying the grouuds thereof) wIthiD thirty (30) days of the
receipt of this letter.
BoA Form
@
2-89
4.
- "
,NANTUCKET ZONING BOA...~D OF APPEALS
'TOi>1N .1\..~D COUNTY BUILDING
NF-.NTUCKET,' Hp.0255/1
ASSESSO~S ~lST OF Pk~TIES IN INTEREST
...
PROPERTY OWNER: \lO:5PCi~ L,-..-.,; ..\-e.--d.. Pa.r-+n-e/ .s~:p
l \
APPLICANT FOR RELIEF (S~~E? ~
ADDRESS OF PROPERTY: \ N<::>~CL'-1 Lc.u~ -,-
\
ASSESSOB.S HAP (. PI-.RCEL: l\Y.Jy 13/4, ~eu-c~ \.~
LIST OF PA-~TIES INCLUDING ~~DRESSES*(OR SEE ATTACHED___)
RECEIVFD
BOARD OF ASSESSORS
JAN 3 1 2002 .
TOWN OF
NANTUCKET, MA
1 certify that the Ioregoing (o~ the ~ttached ) ~i5tS
~" all persons natural or legal, who are owners oY-abutting
property , owners of land directly opposite on any .public
or private street or way; and ab~tters of the abutters a~d
all other land owners within three hundred feet of the
property line'of owner's.property, as they < and their
address) appear on the most recent -applicable tax list
{per M.G.L. c. 40A, section" 11 zoning Code Chapter 139,
~ection ~39-29D (2)}. ' -
~Jo, J~'
Da te I f
. . .JlO4Jitt O.J-
Assessors Off ce
?o~n of Nahtuck~t
*NOTE: Applicant (petitioner) should include with the lot
for 1,-lhich zoning relief is ~o\Jght, any cOTIU-nonly-ownea.
abutting lQt~ which ~.i;ht beccc,c involved in the zonins
~atter. List ~ap and parcels fo~ eac~ abutt~r.
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Smooth Feed Sheets™
Susan Koch SEmmon
Post Office Box 1701
Schillhammer Road
Jericho, VT 05465
.$.
Susan Eliot Wyss etal, Trustee
c! 0 Andrea B. Mayfield
841 Cheshire Drive
Coppell, TX 75019
Suzanne Deheart Life Estate
Post Office Box 341
Siasconset, MA 02564
T own of Nantucket
16 Broad Street
Nantucket, MA 02554
Joanne S. Forkner
263 Adams Street
Milton, MA 02186
Gail L. Butters
36 Summit Road
Riverside, CT 06878
Richard W. Durkes
Clementina Durkes
19 East nnd Street
New York, New York 10021
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J\.,cidress LDcels
John Maraganore
49 Constellation Wharf
Boston, MA 02129
Thomas E. Meehan
61 Jane Street
New York, New York 10014
Wade Greene, Trustee
Wade Cottages Nominee Trust
35 Charles Street
New York, New York 10014
Mark Roosevelt
109 Davis Avenue
Brookline, MA 02445
Dennis J. Keller, Trustee
David M. Keller, Trustee
Keller Nominee Trust
324 E. 7th Street
Hinsdale,IL 60521
James L. Hiers, Jr., Trustee
5 Nosegay Lane Realty Trust
533 Beachwalk Circle
Naples, FL 33963
Mark Massey
Elizabeth Massey
920 Highland
Hamilton, MA 01982
Use template for 5160@
Siasconset Partnership Ltd.
2920 Orion Drive
Colorado Springs, CO 80906
Ray W. Grubbs
Elizabeth G. Grubbs
401 East Main Street
Christiansburg, VA 24073
Nantucket Islands Land Bank
22 Broad Street
Nantucket, MA 02554
Kermit Roosevelt, J r.
Priscilla Roosevelt
5052 Macomb Street NW
Washington, DC 20016-2673
Marjbrie Conley, Trustee
Robert Conley, Trustee
Hiers-Conley Realty Trust
24 Fair Wood Road
Madison, NJ 07940
Ellene Winn Mobbs, Trus~e
636 East Capitol Street NE.
Washington, DC 29923
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ZONING CLASSIFICA TION:R- 2
EXISTING:
9680 S.F. :t
SEE" PLAN
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73.1.4-14
N/F
KELLER
MIN. AREA: . . . . . fq.qo.o. S:F: .
MIN. FRONTAGE: . . . . . Z5. O. .
FRONT YARD S.B.: . . . .3.0.0.,
REAR & SIDE S. B. : . . 10. ~T. .
GROUND COVER (%): . . .12.~ .%.
73.1.4-14
N/F
KELLER
~
ZONING CLASSIFICATION:
RESIDENTIAL 2 (R-2)
MIN. AREA: . . . ; . . 4Q,P99fT:
MIN. FRONTAGE: . . . 7~fT. . . .
FRONT YARD 5.8.: . . J9F:T. . . .
REAR & SIDE S.B.: . .1.oFT. . .
GROUND COVER (%): .1.2:q~ . .
EXISTING:
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SEE PLAN
. . . . . . . .
SEE PLAN
SEE' PLiN'
. . . . . . . .
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73.1.4-14
N/F
KELLER
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ONLY ORIGINALLY STAMPED AND
ENDORSED COPIES OF THIS PLAN
SHALL BE ACKNOWLEDGED BY
THE CERTIFYING LAND SURVEYOR.
73.1.4-14
N/F
KELLER
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