HomeMy WebLinkAbout079-03
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: U.eCQ.mlJ.wr tf
, 20 <A.3
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Owner/Applicant:
01 ~"'03
VeQl') LQnOJ Gli\& UY\€JI ~ {D01-
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.
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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); Y139-32I (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 65, Parcel 14
5 Bartlett Farm Road
Limited Use General-2
Plan Book 17, Page 45
Lot 2
Deed, Book 247, Page 277
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, November 14, 2003, 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 DEAN LONG and MELISSA LONG, c/o
Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Massachusetts 02584, File No. 079-03:
2. The Applicants are seeking relief by SPECIAL PERMIT
under Nantucket Zoning By-law ~139-33.A(8). They propose to
change the common lot line between their pre-existing
nonconforming lot, shown as Lot 2 on a plan recorded with
Nantucket Deeds in Plan Book 17, Page 45 and the immediately-
abutting lot to the southeast, shown on Assessor's Map 65 as
Parcels 15 and 15.1, and known and numbered as 7 Bartlett Farm
Road. The alteration of the lot line would create no new
nonconformities and would not increase any existing
nonconformities. The Applicants' Lot 2 contains about 71,100
square feet in area, in a zoning district in which minimum lot
size is 80,000 square feet. In order to cure a side yard setback
violation upon the abutting lot, the Applicants propose to convey
a portion of Lot 2 containing about 397 square feet in area to
the abutting owner in exchange for a parcel of the same size in
return, to maintain the existing nonconforming lot area. Lot 2
contains a single-family dwelling and is also used for
agricultural and viticultural purposes. The subject property is
situated a 5 BARTLETT FARM ROAD, Assessor's Map 65, Parcel 14, is
shown on plan recorded with Nantucket Deeds in Plan Book 17, Page
45, as Lot 2, and is situated in a Limited Use General-2 zoning
district.
3. Our Decision is based upon the Application and
accompanying materials, and representations and testimony
received at our public hearing. There was no Planning Board
recommendation, on the basis that the Application presented no
matters of planning concern. There was no support or opposition
presented at the public hearing.
4. Applicants, through counsel, represented that Nantucket
Zoning By-law ~139-33.A(8) empowers the special permit granting
authority to grant relief by Special Permit to modify the
boundaries of a pre-existing, nonconforming lot, in separate
ownership from all adjacent land since a time prior to the
effective date of the Nantucket Zoning By-law in 1972,
notwithstanding the fact that the lot would not be brought into
full conformity with dimensional requirements of the Zoning By-
law, provided that no new nonconformity would be created and no
existing nonconformity would be increased. As shown by the
Applicants at the public hearing, their undersized Lot 2 has been
in separate ownership from all adjacent land since 1970. As set
forth above, they propose to effectively move the lot line
between the present Lot 2 and the lot to the southeast, by an
exchange of parcels of land each containing about 397 square feet
of area, in order to cure a side yard setback violation upon the
abutting lot. Thus, there would be no net change in the existing
nonconforming lot area of the Applicants' land, and there would
be no new nonconformities created. The proposed changes are
shown upon a plan done by Charles W. Hart & Assoc., Inc., dated
September 5, 2003, revised through October 6, 2003, a reduced
copy of which is attached hereto as Exhibit A. The parcel of
land, which is proposed to be conveyed by the Applicants to be
joined with the abutting lot, is shown as Parcel "A" thereon,
while the parcel of land to be conveyed by the abutter to the
Applicants is shown as Parcel "B".
5. Based upon the foregoing facts, the Board of Appeals, by
a UNANIMOUS vote, finds that the proposed change in the lot line
of the Applicants' land would create no new nonconformities and
would not increase any existing nonconformities and would no be
substantially more detrimental to the neighborhood than the
existing situation, and GRANTS the requested SPECIAL PERMIT under
Nantucket Zoning By-law ~139-33.A(8), to authorize the
reconfiguration of the Applicants' land substantially as shown
upon Exhibit A, with a lot with the dimensions of Parcel "A" to
be conveyed by the Applicants to the abutter and a lot with the
dimensions of Parcel "B" to be conveyed by the abutter to the
Applicants, and with the Applicants' resulting land, consisting
of the lot having the dimensions of Parcel "B" and the remaining
portion of Lot 2 to be held by the Applicants and their
successors in title as a single lot for all purposes and not
conveyed separately from each oth r.
Dated:
December
If
-,
2003
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will
be held at 1:00 P.M., FRIDAY, NOVEMBER 14, 2003, IN THE CONFERENCE
ROOM, TOWN ANNEX BlJaDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
DEAN LONG AND MELISSA LONG
BOARD OF APPEALS FILE NO. 079-03
Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A(8). Applicants propose to change the common lot line between the
pre-existing nonconforming Locus and the immediately abutting lot to the southeast,
shown as 7 Bartlett Farm Road, Assessor's Map 65, Parcel 15 and 15.1. The alteration of
the Lot lines would create no new nonconformities and would not increase any existing
nonconformities. The Locus contains about 71,010 square feet of area in a district that
requires a minimum of 80,000 square feet. In order to cure a side yard setback violation
upon the abutting lot, the Applicants propose to convey an about 397 square-foot parcel
of land to the abutting owner in exchange for the same size parcel in return to maintain
the existing lot area. The Locus contains a single-family dwelling and is also used for
agricultural and viticultural purposes.
The Premises is located at 5 BARTLETT ROAD, Assessor's Map 65, Parcel 14,
Plan Book 17, Page 45, Lot 2, The property is zoned Limited-Use-General-2.
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THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
AL TERNA TIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
FEE: $300.00
CASE NO.
G7Y--(j3
.
APPLICATION FOR RELIEF
Owner's name(s): Dean Long and Melissa Long
Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP
Applicant's name(s): Same
Mailing address:
Locus address:
6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584
5 Bartlett Farm Road Assessor's MaplParcel: 65-14
Plan Book & Page: 17-45
Date lot acquired: 4/15/86 Deed Ref.:
Lot No.:
2
247-277
Zoning District:
LUG-2
Uses on Lot - Commercial: None_ Yes (describe)
Residential: Number of dwellings-1- Duplex_ Apartments_ Rental Rooms
Building Date(s): All pre-date 7/72?
Previous Zoning Board Application Nos.:
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:
or
C of O(s)?
The applicants request a Special Permit under Nantucket Zoning By-law ~139-33.A(8),
to authorize the changing of the lot lines of a pre-existing, nonconforming lot
wi thout creating any new nonconformity or increasing any existing nonconformity.
The applicants' present Lot 2 consists of a lot which has been in separate
ownership from adjacent land since 1970, containing about 71,010 square feet, with
80,000 square feet being the minimum required in this Limited Use General-2 zoning
district. In order to cure a setback violation upon the adjacent property, the
applicants propose to convey a parcel of land shown as Lot A upon a plan by Charles
w. Hart & Assoc., Inc., dated October 6,2003, to the abutting owner in exchange
for Lot B, which the abutter would convey to the applicants. Each parcel will
contain about 397 square feet, so there will be no change in the area of the locus.
The locus contains a single-family dwelling and is also used for agricultural and
viticultural purposes.
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pains and nalties of perjury.
SIGNATURE: Applicant Attorney/Agent x
(If not owner or owner's at orn , please enel se proof of agency to bring this matter before the Board)
FOR,z~ QFFICE USE
Application received on:(() Z~~y: ( 11?(JJ Complete: Need copies?:~
Filed with Town C1erk!"O ~Iannmg ..oard: ~ Bnilding Dept.:-" -" ~: @J
Fee deposited with Town Treasurer:---..&~/&3By: aiver requested?:_Granted:_/_/_
Hearing notice posted with Town Clerk:!{2IlRJ./oJ Mailed: /O;:t!J CEI&M: I02flQ3& ill .Ji.!13..
Hearing(s) held on:_I_I_ Opened on:_I_I_ Continued to:_I_I_ Withdrawn?:_I_I_
DECISION DUE BY:_/_/_ Made:_I_I_ Filed w/Town Clerk:_/_I_ Mailed:_/_/_
DECISION APPEALED?: I I SUPERIOR COURT: LAND COURT Form 4/03/03
F,\WpL\LONG\DEAN\ZBA APP.doc
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RECEIVED
BOARD OF ASSESSORS
OCT 2 2 2003
TOWN OF
NA~TUCKET, MA
TOWN. OF NANTUCKET
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN 1l--'::E MATTER OF THE PETITION OF
. PROPERTY OWNER:....... .~.._ .;......~,~.~~.~....~...............
MAJLING ADDRESS:.... .,..... . eO. .~ ..2-.!.((??......C?..~.~.... ...................
PRO PERTY LOCATION:....... ......~..~~ tt~~...@~L.............
~~SESSORS MAP1PARCEL;u2.~~~:u;Tmmuu;G.u ,.J . t LV"
S,UBMITTED BY.....~,~'w. .........,... ...... ... .......<~~......_.... g" .
SEE ATTACHED PAGES
I cenify that the foregoing is c list of persons who are owners of cbuning properTY, o\\ne~s o~ iz..;-.C
directly opposite on any public or private street or way; "-DC abuners of the abuners and 211 Oir;e.
land O\\Tlers within three hundred feet of the property line of owner's property, all as they "-ppe2,
on the most recent applicable tax list. (M.GL. c. 40A, Section II Zoning Code Ch<Jptcr 1:39.
Section 139-290 (2) )
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: ~UO(J CJ
, 200 'f
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Owner/Applicant:
O?CJ -OG
!t-f)f) J e
b. K9.7
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.
~JU ~ ~ ~nj.~t\-
'/J(! 1 ,;;: s€? () nSy . Cha irman
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); Y139-32I (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 55
Parcel 24
R-1
18A Atlantic Avenue
Unit 2
Deed Ref. 654/258
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M.,
Friday, December 12, 2003, in the Conference Room, Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, on the Application of the ANNIE B. KAY, of PO Box 1677,
Nantucket, MA 02554, Board of Appeals File No. 080-03, the Board made the following
Decision:
1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law
Section 139-33A (alteration/expansion ofa pre-existing nonconforming structure/use) to alter
and expand a pre-existing non-conforming shed structure. Applicant proposes to change the
current use as a shop to use as an artist's studio. In addition alterations to the footprint would be
made that would reduce the southeasterly rear yard setback intrusion, with the removal of
massing within the required five-foot setback area, and then constructing a conforming addition
onto the northeasterly side of the structure. The Locus contains two separate dwelling units that
have been conveyed into two separate condominium units, with the shed being part of Unit 2.
The Applicant currently retains ownership of both units. The Locus is nonconforming as to front
yard setback with the primary single-family dwelling (Unit 1) being sited as close as about 9.0
feet in a district that requires a minimum front yard setback of ten feet; and as to side and rear
yard setbacks with the secondary dwelling being sited as close as about 2.7 feet from the
southwesterly side yard lot line, and with the shed structure being sited as close as about 0.7 feet
from the rear yard lot line, in a district that requires a minimum side and rear yard setback of five
feet. The Locus is conforming as to ground cover, frontage, lot size, and parking requirements.
The Premises is located at 18A (Unit 2) ATLANTIC AVENUE, Assessor's Map 55,
Parcel 24, Deed Ref. Book 654, Page 258. The property is zoned Residential-I.
2. The Decision is based upon the Application and the materials 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 no letters on file in favor of or in
opposition to the Application. The Applicant is the owner for both Condominium Unit #1 and #2
and thus no separate sign-off was required for Unit # 1.
3. The Applicant represented that there were two condo units on the property. There was a
single-family dwelling on Unit #1 and a single-family dwelling and separate ancillary structure
on Unit #2. The ancillary structure was the subject of the Application. Applicant proposes to
convert the use of the structure to an artist's studio. The structure had been used as a garage and
as a personal general wood working shop in the past. No commercial use is asked for in this
Application. During the process of rehabilitating the structure and converting the use, a
nonconforming addition on the structure that is sited within the rear yard setback area would be
removed and a new conforming addition would be constructed onto the northeasterly side of the
structure. Applicant stated that the structure would not be used for human habitation. The Lot
met all other dimensional zoning requirements, other than setback requirements as stated above,
with all required parking provided on site. No new nonconformities would be created. The
Nantucket Historic District Commission has issued Certificate of Appropriateness No. 42,451 for
the renovation, which also included window and door changes.
4. Therefore, based upon the foregoing, the Board finds that the conversion of the garage
structure to use as an artist's studio, without human habitation, and that would also entail
removal of a nonconforming addition and construction of a conforming addition as proposed,
would not be substantially more detrimental to the neighborhood than the existing
nonconformities. There would be a public benefit in that the rear nonconformity of the garage
structure would be lessened, as a portion of the structure would be removed from the required
five- foot setback area.
5. Accordingly, by a UNANIMOUS VOTE, the Board GRANTS the requested reliefby
SPECIAL PERMIT under Nantucket By-law Section 139-33A to expand the garage structure
ancillary to the dwelling unit, known as Unit #2, as proposed, upon the following conditions:
a.
The structure shall not be used for human habitation nor rented separately from
the dwelling in Unit #2;
b.
The project shall be done in substantial conformance with the Certificate of
Appropriateness No. 42,451 issued by the Nantucket Historic District
Commission, as may be amended;
c.
The bathroom facility shall be limited to no more than a sink and toilet,
prohibiting the installation specifically of a shower or bathtub; and
d.
The addition shall be done in substantial conformance with the "Mortgage
Inspection Plan", as marked up by the Applicant, dated February 7,2000, revised
March 10, 2000, done by Robert Emack, a reduced copy of which is attached
hereto as Exhibit A.
Dated:
~S~.~e~ X ,Ci~u-
Dale Waine
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OVE'~ lAHD or ABUTTERS $HO\lhl HEREON
AS J()totN t<. " ERNESTINE WILSON.
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YARD SET8AOC.AS SI-IOYtN HEREON. ALSO.
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~,'t- NANTuCKET, MASSACHUSETTS
SCALE: '''-20' DATE; FEe, 7, 2000
REVISED: MARCH 10. 2000
DEED REF'ERENCE: OBK 584, PC 246
PLAN RtfERENCE:NONE FOR LOCUS
ASSESSOR"S REFERENCE:
MAP; S5 PARCEL: 24
PREPARED FOR: SHARON A. &
rRANCIS A. WANA Tend
CENDANT MORTGAGE CORPORA liON
EMACK SUR'IE'l1NG
2 WASHAMAN AvENUE
NANTUCKET, MA. 02554
~08 325-0940
CURREN T ZONING: R-1
MINIMUM LOT SIZE:: 5000 SF
MINIMUM FRONTAGE: 50 FT
FRONTYARD .SETBACK: 10 FT
SIDE AND REAR SETBACK: 5 F"T
ALLOWABLE G.C.R.: 30 ~ .
EXISTING C.C. R.: 2.6. 7~ :!: (not incl. 52 sf shed)
f"M PROPERTY ~INE OE:n:ft~"A llOI'l THIS PLOT PLAN
RE:UES ON CURRENT CUOS AND PLANS Of RECORD,
~Rln[O 6Y flELD ...EASURE..-(NT'S AS SHO~ HEREON.
THIS PLAN IS NOT R(IlRESENTEO TO aE A TlR.E
(V.MINATION OR ^ RECORDABlE SVHYrV.
I HE:RWY CERTlN TO THE BEST ~ 1.1'1' KNO'\M..(OGt
lHAT THE PROAlS~S SHOWN ON THIS PLAN AR(
L.OCA TEO YJ\TH1N 'THE .C. ZONE AS C>EuHEATEo
ON ~( "rIRM' MAP OF COM...UNITY NO. 2502J.O;
..AS5.r:r::r(Cnvr: 6-3-86, REVISED 7-2-02 BY
H'i[ I"CD[RAL (.lJERG(NCY "'~NACf:I.(t:N T AC(NCy.
Nfl 10/02
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