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Home My WebLink About075-08 Gazaille TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION g ) '5 r, ) v1 Fee: $300.00 File No. ~ -7 ~-<p.f Owner's name(s): Denis H. Gazaille Mailing address: c/o Reade. Gullicksen. Hanley and Gifford. LLP Phone Number: 508-228-3128 E-Mail: SLC@readelaw.com Applicant's name(s): Same Mailing Address: 6 Youngs Way. Post Office Box 2669. Nantucket. Mass. 02584 Phone Number: Same E-Mail: Same Locus Address: 24 Sesapana Road Assessor's Map/Parcel: 68 - 97 Certificate of Tide: 16300 Plan.: _ _ Zoning District: LUG-3 Uses on Lot- Commercial: None Residential: Number of dwellings 1 Duplex no Apartments no Date of Structure(s): all pre-date 7/72 No or Building Permit Numbers: 3396-84 (dwelling). 352-08 ere-shingle) Previous Zoning Board Application Numbers: None 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: SEE ATTACHED I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Denis H. Gazaille, owner ~ Steven L. Cohen, as his attorney SIGNATURE: OFFICE USE ONLY Application received on:_1 _I _ By:_ Complete:_ Need Copies:_ Filed with Town Clerk:_1 _I _ Planning Board:_1 _I _ Building Dept.:_1 _I _ By:_ Fee deposited with Town Treasurer:_1 _I _ By:_ Waiver requested:_ Granted:_1 _I _ Hearing notice posted with Town Clerk:_1 _I _ Mailed:_1 _I _ I&M_I _I _ &_1 _I _ Hearing(s) held on:_1 _I _ Opened on :_1 _I _ Continued to:_1 _I _ Withdrawn:_1 _I _ Decision Due By:_1 _I _ Made:_1 _I _ Filed w ITown Clerk:_1 _I _ Mailed:_1 _I _ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile ADDENDUM FOR GAZAILLE - 24 SESAPANA ROAD The pre-existing, nonconforming two-story dwelling with attached garage is on a lot consisting of 30,954 SF and with 165 feet of frontage in the Land Use General 3 zoning district (LUG-3), where 120,000 SF of lot area and 200 feet of frontage are otherwise the minimum requirements. The lot was established prior to enactment of the Nantucket Zoning Bylaw in 1972 and is also benefited by an extended zoning "freeze" until April 5, 1984 by virtue of the effective date of endorsement of the plan (there was no endorsement, but this 1984 date has been repeatedly accepted by the Building Inspector, Planning Board, and Board Of Appeals based on litigation). The dwelling on the locus was constructed under Building Permit 33-96-84, issued April 5, 1984. The current ground cover on the lot is about 1,433 SF (about 1,388 SF attributable to the dwelling and about 45 SF attributable to an enclosed back-up generator) or about 4.6 %, where a 3% ground cover ratio is allowed. The locus also contains a small shed that is about 27 SF shed that is exempt from ground cover pursuant to the definition of "Ground Cover" in Section 139-2(A), as it is less than the allowed 121 SF. The house and shed comply with zoning setbacks for the district. The backup generator is as close as 13.4 feet from the side yard setback in a district that has 20 foot side yard setbacks. However, since the locus predates August 3, 1992, it qualifies for the exemption from the 20 foot side yard setback for LUG-3 pursuant to Section 139- 33(E)(3)(a), which provides for 10 foot setbacks for such lots. The locus and structures thereon are conforming in all other dimensional respects. Pending approval of the Historic District Commission, Applicant proposes to alter and expand the dwelling strucure, by expanding and enclosing the current rear deck and by adding on a new enclosed addition for an indoor pool. The proposed addition would have a grollnd cover of about 244 SF fot the expanded and enclosed deck and about 1040 SF for the addition, or about 1,284 SF of new ground cover. The relief sought would increase the total ground cover to about 2,717SF or a 8.7% ground cover ratio. Applicant asserts that the requested relief is not substantially more detrimental to the neighborhood because most of the lots in the neighborhood are already well over the 3% ground cover limitation and many have received similar relief. This relief is not only common, but has been locally supported numerous times in this neighborhood, as evidenced by the decision in Files Nos. 067-89 (authorization for a 2,485 SF structure), 110-92 (Special Permit to validate existing addition and for increase of ground cover to 1,988 SF), 026-97 (Special Permit to increase ground cover to 2,893 SF), 046-99 as modified by 058-02 (Special Permit to increase ground cover to 2,222 SF), and 089-01 (Special Permit to add full basement and increase in ground cover to 2,334 SF). These decisions repeat that the Board of Appeals and the Building Inspector (who was then also the Zoning Officer) have treated these lots as subject to the requirements of the R-2 zoning district, which allows 12.5% ground cover (up to 3,869 SF for the locus). Moreover, the locus is heavily wooded with substantial distances to abutting lots, structures and the road, such that the addition would not be substantially visible from the road or to abutters. The primary abutter to the rear (where the addition is proposed) is the Nantucket Islands Land Bank, a land conservation entity which has no structures on the lot. Further, this lot and the entire subdivision are limited to one single family dwelling by a recorded restriction granted to the Planning Board and the Nantucket Conservation Foundation, which also received conservation land as part of the deal to resolve the litigation described above. See Document Nos. 29149, 29310, and 31290 recorded at the Nantucket Registry District of the Land Court. As the existing improvements upon locus already exceed the present maximum ground cover ratio, as a pre-existing, nonconforming condition, the enlargement thereof may be accomplished by Special Permit under 9 139-33(A) and M.G.L. c. 40A Section 6, which allow pre-existing nonconformities of single or two-family structures to be expanded by Special Permit where the alteration is not substantially more detrimental to the neighborhood than the existing nonconformity. Applicant requests that the Board of Appeals to grant such a Special Permit for the proposed addition and to validate the existing conditions, as needed. . U!~J/'UU~ vr:oo ~^A OU~~~~DOJV tSt.lUlt'.. \:o1..!,..L 11,~ ~I:.. 10 VIJl. Town of Nantucket ZOt'!H-lC BOARD QF ^'P'PE^~ :$ 5, of) L.IST OF PMTtES IN iNT'ER.ESi TN THE MA1'TER OF THE permON Or' PROPER TY O'/o'NER.. .Q.q,.:o.\.':,. .1:1-.:... (1.A:j~. \J~.. ............ 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I ~ i ~ ~ a 0: I-< 0: ~ '" o 0: ~ <Il o U ~ '" i 0: ~ o u o "- u ~ ~ !2 ~~~~ ~ ~ : t; ~ ~ u ~ 0: ~ 0: Z I-< H I-< ~ .. :<IlU~~~~ ~ r:l H I-< 5 '" .., '!l : ~~~~~~: l ~ U (/) g::; g::; ~ iii ~ ~~A~~~~ ~ ~~5aa~t: ., "" 5 I-< -< H S .. ~ :E ~ ~ ~ ~ ~ I-< t1 tJ ~ ~ ~ s U ~ '" ~ !:1 H H H U H '" ~ '" ~ ; ~ ::i '" H I-< .. ~ '" I ; ., o N\Dt--OOo\Or-4('f'lflLtl\DQ) H NmcocomO\O\O\O\O\O'IO'I P. l'G comCOCOCDcoCOQ)OOQ:lOOQ) ;l: \0\0\0\0\0\01.0\0\0\0"'\0 .... Q) en '" 0. .-'" ~ OJ M '" .... '" o N ...... M N ...... o .... Richard & Jane Mittelbusher 121 Economou Farm Rd. South Burlington, VT 05403 Nantucket Islands Land Bank 22 Broad Street Nantucket, MA 02554 Richard E. and Judy Carter 29 Sesapana Rd. Nantucket, MA 02554 Barbara R. Carter 2 Draper Road Dover, MA 02030 Margaretta Dupont Stabler c/o Margaretta Andrews 23 Sesapana Rd. Nantucket, MA 02554 Dianne M. Cicchetti 500 Chase Parkway Waterbury, CT 06708 Tracy L. Bakalar 20 Sesapana Rd. Nantucket, MA 02554 Debra Francine Posner & Robert R. DeCosta 22 Sesapana Rd. Nantucket, MA 02554 5.vf- I ~ :::;> Steven L. Cohen Reade, Gullicksen, Hanley & Gifford, LLP PO Box 2669 Nantucket, MA 02584 5J2A- ~ V Richard & Jane Mittelbusher 121 Economou Farm Rd. South Burlington, VT 05403 Nantucket Islands Land Bank 22 Broad Street Nantucket, MA 02554 Richard E. and Judy Carter 29 Sesapana Rd. Nantucket, MA 02554 Barbara R. Carter 2 Draper Road Dover, MA 02030 Margaretta Dupont Stabler c/o Margaretta Andrews 23 Sesapana Rd. Nantucket, MA 02554 Dianne M. Cicchetti 500 Chase Parkway Waterbury, CT 06708 Tracy L. Bakalar 20 Sesapana Rd. Nantucket, MA 02554 Debra Francine Posner & Robert R. DeCosta 22 Sesapana Rd. Nantucket, MA 02554 Steven L. Cohen Reade, Gullicksen, Hanley & Gifford, LLP PO Box 2669 Nantucket, MA 02584 Stuart C. Reid Trst Etal 38 ~ York Street Nantucket, MA 02554 John H. Kauffinann 2 Greglen Avenue PMB 298 Nantucket, Ma 02554 Jeanette Marie Garneau 18 Sesapana Rd. Nantucket, MA 02554 Edward F. Ahneman, III & Lucia T. Ahneman 892 Riverbank Rd. Stamford, CT 06903-3114 Stuart C. Reid Trst Etal 38 ~ York Street Nantucket, MA 02554 John H. Kauffinann 2 Greglen Avenue PMB 298 Nantucket, Ma 02554 Jeanette Marie Garneau 18 Sesapana Rd. Nantucket, MA 02554 Edward F. Ahneman, III & Lucia T. Ahneman 892 Riverbank Rd. Stamford, CT 06903-3114 24 Sesapana Road Map 68 Parcel 97 Town of Nantucket Web GIS - Printable Map Page 1 of 1 Sale Date Sale Price Book/Page Lot Size Town of Nantucket Web GIS 6897 24 SESAPANA RD GAZAILLE DENIS H 24 SESAPANA RD NANTUCKET, MA 02554 05/11/1994 $182,000 C0016/ 300 0.71 acres NOT A LEGAL DOCUMENT "~\ !~\ ....j'<!r(\~\ V m For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Disclaimer The information displayed on this or any other map produced by The Town of Nantucket is for reference purposes oniy, The Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for determining the suitability for individual needs. AU information is from the Town of Nantucket Geographic Information System (GIS) database. '\b" .,~ #,". "'~ -'. -......_,...,/-_._---._~--~-- Town of Nantucket, ~a~~ts 11/10/2008 Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by http://host.appgeo.comlnantucketma/PrintableMap.aspx?Preserve=Width&Map Width=34... 11/1012008 / ...... e" I ... '" '" ... ~ ~ 68-98 N/F AHNEMAN ~ C\j c.c CO ...... MOVABLE TRASH BIN - ---.?J.8':t: --.::::. - - OUTDOOR SHOWER dZz':t: - SHED 27:i:S.F. -, ~I ~ '" 68-96 N/F POSNER CURRENT ZONING CLASSIFICA TlON: Limited Use General 3 (L.U.G.-3) EXISTING: MINIMUM LOT SIZE: 120,000 S.F. 30955:1:S.F. MINIMUM FRONTAGE: 200 FT. SEE PLAN FRONT YARD SETBACK: 35 FT. SEE PLAN REAR/SIDE SETBACK: 20 FT. SEE PLAN GROUND COVER % : 3% 4.6:1:% EXISTING 8.7:1:% PROPOSED 68-86 N/F NILB NOTE: THE EXISTING DECK IS TO BE EXPANDED AND CONVERTED INTO AN ENCLOSED STRUCTURE =244:1: S. F. * 10FT. SETBACK FOR LOT OF RECORD, SEC. 139-33E (3)(0) LEGEND BUILDING LOCATION PLAN OF LAND IN d \.0 -~ -:-:-- ~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 ,"';:' :_-~ ::;\ l' Date: January 6 ,2001 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Applica tion No. : 075-08 Owner/Applicant: Denis H. Gazaille Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing a complaint in Land Court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. ~~ tJJ1f4&4-i-MnFJ Michael J. O'Mara, Chairman cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-228-7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road, Nantucket, Massachusetts 02554 Assessor's Map 68, Parcel 97 24 Sesepana Road Land Use General 3 (LUG-3) Lot 16 Land Court Plan 14664-C Certificate of Title 16300 DECISION: 1. The Nantucket Zoning Board of Appeals held a public hearing on December 11, 2008, in the Garage Area at 2 Fairgrounds Road, Nantucket, Massachusetts regarding the application of Denis H. Gazaille, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, Board of Appeals File No. 075-08. The Board made the following Decision: 2. Applicant sought relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-33(A) to increase the ground cover ratio of the lot. The Premises is located at 24 Sesepana Road, Nantucket and is shown on Tax Assessor's Map 68 as Parcel 97. The property is zoned Land Use General 3 (LUG-3). 3. The lot is about 30,954 SF with 165 feet of frontage in a zoning district where 120,000 SF of lot area and 200 feet of frontage are the minimum requirements. It contains a two-story dwelling with attached garage of about 1,388 SF, plus a shed of about 27 SF and a generator enclosure of about 45 SF, with a total ground cover on the lot of about 1,433 SF, or a total ground cover ratio of about 4.6% (not counting the 27 SF shed toward ground cover, as it or the generator enclosure could be exempt from ground cover pursuant to the definition of "Ground Cover" in Section 139-2(A), as they are less than the allowed 121 SF) in a district where up to 3% is allow. The lot and the house and garage are pre-existing nonconforming. The lot was established prior to enactment of the Nantucket Zoning Bylaw in 1972 and is also benefited by an extended zoning "freeze" until April 5, 1984 by virtue of the effective date of endorsement of the plan (there was no endorsement, but this 1984 date, based on litigation, has been repeatedly accepted by the Building Inspector, Planning Board, and Board Of Appeals). The dwelling on the locus was constructed under Building Permit 33-96-84, issued April 5, 1984. The house and shed comply with zoning setbacks for the district. The backup generator is as close as 13.4 feet from the side yard setback in a district that has 20 foot side yard setbacks. However, since the locus predates August 3, 1992, it qualifies for the exemption from the 20 foot side yard setback for LUG-3 pursuant to Section 139-33(E)(3)(a), which provides for 10 foot 1 setbacks for such lots. The locus and structures thereon are conforming in all other dimensional respects. 4. Pending approval of the Historic District Commission, Applicant proposes to alter and expand the dwelling strucure, by expanding and enclosing the current rear deck and by adding on a new enclosed addition for an indoor pool. The proposed addition would have a ground cover of about 244 SF for the expanded and enclosed deck and about 1040 SF for the addition, or about 1,284 SF of new ground cover. The relief sought would increase the total ground cover to about 2,717 SF, or an 8.7% ground cover ratio. 5. 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, as no matter of planning concern was presented. Oral and written presentations were made by the Applicant's representative, and no opposition or concerns were presented by the abutters or the public. Applicant stated that such pre-existing nonconformities are common in this area, with numerous similar permits granted by the Board for this neighborhood, as evidenced by the decision in Files Nos. 067-89 (authorization for a 2,485 SF structure), 110-92 (Special Permit to validate existing addition and for increase of ground cover to 1,988 SF), 026-97 (Special Permit to increase ground cover to 2,893 SF), 046-99 as modified by 058-02 (Special Permit to increase ground cover to 2,222 SF), and 089-01 (Special Permit to add full basement and increase in ground cover to 2,334 SF), as well as a pending application for such in File No. 076-08. These decisions repeat that, subject to Special Permit relief, the Board of Appeals and the Building Inspector (who was previously also the Zoning Officer) have treated these lots as being subject to the requirements of the R-2 zoning district, which allows 12.5% ground cover. The Board also took note of the abutting conservation land, the heavily wooded lots with substantial distances to abutting lots, structures and the road, and that the entire subdivision is limited to one single family dwelling per lot by a recorded restriction granted to the Planning Board and the Nantucket Conservation Foundation (see Document Nos. 29149, 29310, and 31290 recorded at the Nantucket Registry District of the Land Court). 6. Therefore, based upon the foregoing, the Board of Appeals finds that the requested relief is not substantially more detrimental to the neighborhood because most or all of the lots in the neighborhood are already well over the 3% ground cover limitation and many have received similar relief. 7. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Sections 139-33(A) to allow an increase in the ground cover ratio up to 8.7%, so as to validate the existing conditions and accommodate the proposed addition to be constructed in substantial conformity with materials submitted to the Board and under Certificates of Appropriateness issued or to be issued by the Nantucket Historic District Commission, with no other conditions. SIGNATURE PAGE TO FOLLOW 2 Dated~ooJ Carol Cro$S ~ COMMONWEAL TH OF MASSACHUSETTS Nantucket,SS. { I 9 (J~jG.oo: On this IS- day of~o9A, before me, the undersigned Notary Public, personally appeared 1!7U-Y'Y' Tu,rr , who is personally known to me, and who is the person whose ~ me is signed on the preceding or attached document, and who acknowledged to me that he signed it voluntarily for its stated purpose. ~~ ~~--( Notary Public: J/~f:;, K. MMC( My commission expire~~~ A ';1.:J, ;1;/3 3 c5 '-0 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 -,.., r:J ~D ',.0 -J _.~ Date: February 13 ,2009 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 075-08 Owner/Applicant: Denis H. Gazaille Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing a complaint in Land Court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY 0) days. , tl ");)4 (J&j) Michael J. O'Mara, Chair.man 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 68, Parcel 97 24 Sesepana Road Land Use General 3 (LUG-3) Lot 16 Land Court Plan 14664-C Certificate of Title 16300 DECISION: 1. The Nantucket Zoning Board of Appeals held a public hearing on December 11, 2008, in the Garage Area at 2 Fairgrounds Road, Nantucket, Massachusetts regarding the application of Denis H. Gazaille, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, Board of Appeals File No. 075-08. The Board made the following Decision: 2. Applicant sought relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-33(A) to increase the ground cover ratio of the lot. The Premises is located at 24 Sesepana Road, Nantucket and is shown on Tax Assessor's Map 68 as Parcel 97. The property is zoned Land Use General 3 (LUG-3). 3. The lot is about 30,954 SF with 165 feet of frontage in a zoning district where 120,000 SF of lot area and 200 feet of frontage are the minimum requirements. It contains a two-story dwelling with attached garage of about 1,388 SF, plus a shed of about 27 SF and a generator enclosure of about 45 SF, with a total ground cover on the lot of about 1,433 SF, or a total ground cover ratio of about 4.6% (not counting the 27 SF shed toward ground cover, as it or the generator enclosure could be exempt from ground cover pursuant to the definition of "Ground Cover" in Section 139-2(A), as they are less than the allowed 121 SF) in a district where up to 3% is allow. The lot and the house and garage are pre-existing nonconforming. The lot was established prior to enactment of the Nantucket Zoning Bylaw in 1972 and is also benefited by an extended zoning "freeze" until April 5, 1984 by virtue of the effective date of endorsement of the plan (there was no endorsement, but this 1984 date, based on litigation, has been repeatedly accepted by the Building Inspector, Planning Board, and Board Of Appeals). The dwelling on the locus was constructed under Building Permit 33-96-84, issued April 5, 1984. The house and shed comply with zoning setbacks for the district. The backup generator is as close as 13.4 feet from the side yard setback in a district that has 20 foot side yard setbacks. However, since the locus predates August 3, 1992, it qualifies for the exemption from the 20 foot side yard setback for LUG-3 pursuant to Section 139-33(E)(3)(a), which provides for 10 foot 1 setbacks for such lots. The locus and structures thereon are conforming in all other dimensional respects. 4. Pending approval of the Historic District Commission, Applicant proposes to alter and expand the dwelling strucure, by expanding and enclosing the current rear deck and by adding on a new enclosed addition for an indoor pool. The proposed addition would have a ground cover of about 357 SF for the expanded and enclosed deck and about 1040 SF for the addition, or about 1,397 SF of new ground cover. The relief sought would increase the total ground cover (existing house, addition, and shed) to about 2,812 SF, or a 9.1 % ground cover ratio. 5. 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, as no matter of planning concern was presented. Oral and written presentations were made by the Applicant's representative, and no opposition or concerns were presented by the abutters or the public. Applicant stated that such pre-existing nonconformities are common in this area, with numerous similar permits granted by the Board for this neighborhood, as evidenced by the decision in Files Nos. 067-89 (authorization for a 2,485 SF structure), 110-92 (Special Permit to validate existing addition and for increase of ground cover to 1,988 SF), 026-97 (Special Permit to increase ground cover to 2,893 SF), 046-99 as modified by 058-02 (Special Permit to increase ground cover to 2,222 SF), and 089-01 (Special Permit to add full basement and increase in ground cover to 2,334 SF), as well as a pending application for such in File No. 076-08. These decisions repeat that, subject to Special Permit relief, the Board of Appeals and the Building Inspector (who was previously also the Zoning Officer) have treated these lots as being subject to the requirements of the R-2 zoning district, which allows 12.5% ground cover. The Board also took note of the abutting conservation land, the heavily wooded lots with substantial distances to abutting lots, structures and the road, and that the entire subdivision is limited to one single family dwelling per lot by a recorded restriction granted to the Planning Board and the Nantucket Conservation Foundation (see Document Nos. 29149, 29310, and 31290 recorded at the Nantucket Registry District of the Land Court). 6. Therefore, based upon the foregoing, the Board of Appeals finds that the requested relief is not substantially more detrimental to the neighborhood because most or all of the lots in the neighborhood are already well over the 3% ground cover limitation and many have received similar relief. 7. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Sections 139-33(A) to allow an increase in the ground cover ratio up to 9.1 %, so as to validate the existing conditions and accommodate the proposed addition to be constructed in substantial conformity with materials submitted to the Board and under Certificates of Appropriateness issued or to be issued by the Nantucket Historic District Commission, with no other conditions. SIGNATURE PAGE TO FOLLOW 2 Dated:~:J OldY'! Carol Cross · La I -- /~ '. - d b~~ Burr Tupper . ,~~ Lisa Botticelli COMMONWEAL TH OF MASSACHUSETTS Nantucket, SS. H/.7rttaP~'3-, ;7~tr-! On this ~ day oflCh/1l1nj~ tiiift before me, the undersigned Notary Public, personally appeared I3krr~7t:tpp-ffr , who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he signed it voluntarily for its stated purpose. tkfc4~~c~ Notary PublIc: fllr-&'~ K. /I.rl.?~r_( . _ My commission expires: }--1dJ-c11 d~ ~/3 3 -- --?J~ OUTDOOR - SHOWER PROPOSED DECK 68-98 N/F AHNEMAN ~ <\j CO ~ .... MOVABLE TRASH BIN dL?~ ~ SHED 27:1:S.F. .'Ii ::;1 ") CURRENT ZONING CLASSIFlCA TlON: Limited Use General 3 (L. U. G. -3) EXISTING: MINIMUM LOT SIZE: 120,000 S.F. 30955:1:S.F. MINIMUM FRONTAGE: 200 n: SEE PLAN FRONT YARD SETBACK: 35 n. SEE PLAN REAR/SIDE SETBACK: 20 n. SEE PLAN GROUND COVER % : 3% 4.6:1:% EXISTING 9.1:1:% PROPOSED .. IOn: SETBACK FOR LOT OF RECORD, SEC. 139-33E (3)(a) LEGEND CIl DENOTES CONCRETE BOUND FND. A/C Q DENOTES EXISTING HVAC UNITS THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANnJCKET 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 STRUCnJRES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. ASSESSOR MAP: . 9~ . . . PARCEL: O,9? . C:\SPf\Pt\O.I\IC.lP\.7oel\1'flOPOSal AllDfTlON 2-5-01....., 2/1/2001 7:44:15.... EST .ROAlJ GENERA TOR SHED 45~:1: S.F. 8? ~ to .... 13.4':1: 14.8':1: 68-96 N/F POSNER BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1"=30' DA TE: FEBRUARY 9, 2009 Owner: . . P~"fl$ . If. . 9~?~~L~~. . . . . . . . . LOT 16 Cert: . . .1~.~Op. . . . . Pion: ~C?~ .116p1-.C. . . Locus: . . 1?1 .S.E?'p;p'A.N~. ~9Ap . . . . . . . BLACKWELL and ASSOCIATES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228-9026 B7086