HomeMy WebLinkAbout089-08 Adequate Holdings, LLC
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
FEE: $300.00
CASE NO.
D~~ .. Df
APPLICATION FOR RELIEF
Owner's name(s): Adequate Holdin2s. LLC g
Mailing address: c/o Sarah F. Al2er. Attornev. Two South Water Street. Nantucket. M.A 02554
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Applicant's name(s): Same as above. ~
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Mailing address: Same as above.
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Locus address: 35 Eel Point Road. Nantucket. Massachusetts Assessor's Map/Parcel: Map~. Parcel 63
Land Court Plan/Plan Book & Page/Plan File No.:Plan File: 51-0 Lot No.:Lot 5
Date lot acquired: Julv 22. 2004 Deed Ref.lCert. of Title: Book 904. Pa2e 209 Zoning District: LUG-2
:::;l
Uses on Lot - Commercial: None..!.. Yes (describe)
Residential: Number of dwellings:.1.. Duplex_ Apartments Rental Rooms
Building Date(s): All pre-date 7/72? or C ofO(s)? Yes (except open permit for pool)
Building Permit Nos: 1157-03: 104-04: 105-04: 413-04
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:
(See attached Addendum)
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under th pains and enalties of perjury.
SIGNATURE:
(If not owner or
Applicant Attorney/Agent X
y, please enclose proof of agency to bring this matter before the Board)
FOR ZBA OFFICE USE
Application received on:-I_/_ By: Complete: Need copies?:
Filed with Town Clerk:_/_/_ Planning Board:_/_/_ Building Dept.:_/_/_ By:
Fee deposited with Town Treasurer:-I_/_ By: Waiver requested?: Granted:_/_/_
Hearing notice posted with Town Clerk:-I_/_ Mailed:_/-I_ I&M:-I_/_ & -1_/_
Hearing(s) held on:_/_/_ Opened on:_/_/_ Continued to:-I_/_ Withdrawn?:-I_/_
[)ECISION DUE BY:_/_/_ Made:_/-I_ Filed w/Town Clerk:_/_/_
\lailed:-I-I_
JECISION APPEALED?: / /
SUPERIOR COURT:
LAND COURT
Form 4/03/03
ADDENDUM
35 Eel Point Road, Nantucket, Massachusetts
Adequate Holdings, LLC
The Applicant, Adequate Holdings, LLC, seeks a Variance
pursuant to Section 139-32 of the Nantucket Zoning By-Law to
validate the existing ground cover of the structures now
existing upon the locus of about 3,340 square feet measured to
the cornerboards (about 4.2%) and about 3,280 square feet
measured to the foundation/framing (about 4.1%), where maximum
permitted ground cover in this Limited Use General 2 zoning
district is 3,200 square feet (4%).
The Applicant purchased the locus on July 22, 2004. At
that time, the locus was improved, as it is now, with a main
dwelling, cottage, and garage, as well as an uncovered,
residential, in-ground swimming pool, which is not included
within the definition of ground cover under By-law ~139-2.
Except for routine maintenance and repair, the Applicant has
made no further improvements to the locus since acquiring it.
The locus has the benefit of Certificates of Occupancy Nos.
OP-2004-0293, OP-2004-0294, and OP-2004-0295, duly issued for
those structures prior to the Applicant's purchase of the locus.
In purchasing the locus, the Applicant relied upon the
certificates of occupancy and a plot plan drawn by John J.
Shugrue, PLS, dated June 28, 2004 (the "Shugrue Plan"), which
showed that the structures on the locus were conforming to the
4% ground cover requirement, having total ground cover of about
3,130 square feet or 3.91%.
In 2008, in preparation for making additional improvements
to the locus, the Applicant had a plot plan prepared by Emack
Surveying. This plot plan, dated September 8, 2008 (the "Emack
Plan"), shows that the locus has ground cover of about 3,340
square feet measured to the cornerboards or about 4.2% and about
3,280 square feet measured to the foundation/framing or about
4.1% .
The discrepancy between the Shugrue Plan and the Emack Plan
is that the Shugrue Plan failed to include wi thin ground cover
the three overhanging portions of the second floor of the main
dwelling that contain enclosed interior space, as required under
the definition of "Ground Cover" in By-law ~139-2. When taken
together, those three overhangs contain about 211 square feet,
and when included within ground cover, cause the locus to exceed
maximum permissible ground cover by between about 80 and 140
square feet, depending upon whether the measurement is made to
the cornerboards or the foundation.
Owing to circumstances relating to the size and shape of
the structures upon the locus, which make curing the ground
cover nonconformity onerous, but not affecting generally the
zoning district in which the locus is situated; glven that the
nonconformity is de minimus in nature; and given that the
Applicant purchased the locus relying in good faith upon the
certificates of occupancy and the Shugrue Plan, which contained
inadvertent errors, a literal enforcement of the provisions of
the By-law would involve substantial hardship, financial and
otherwise, to the Applicant, and the desired relief may be
granted without substantial detriment to the public good and
wi thout nullifying or substantially derogating from the intent
or purpose of the By-law (since the intent of the By-law is not
to create a hardship in such cases, and this Board has generally
granted similar relief to other applicants in like
circumstances) .
NO BUILDING
NBB'47'IO'E 162.20'
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THE STRUCTURES
ARE lOCATED AS SHO~N
ASSESSORS MAP 32
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LOT :;
BO,007 s.r.
ZONING. lUG-2
MINIMUM lOT SIZE,80,000 S.F.
MINIMUM FRONTAGE,150 FT
FRONT YARD SETBACK,35 FT
REAR &. SIDE SETBACK: 15 FT
GROUND COVER RATIO: 41.
PLOT PLAN OF lAND IN
NANTUCKET, MA
SCALE: 1'= 60'
DATE: JUNE 28, 2004
JOHN J. SHUGRUE, INC.
57 OLD SOUTH ROAD
NANTUCKET, MA 02554
FOR: ~IlLIAM HADDON
PARCEL NO. 63
#7014ABS
DHCB FND _~ . L~
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CURRENT ZONING: LUG-2
MINIMUM LOT SIZE: 80,000 SF
MINIMUM FRONTAGE: 150 FT
FRONTYARD SETBACK: 35 FT
SIDE AND REAR SETBACK: 15 FT
ALLOWABLE G.C.R.: 4%
EXISTING G.C.R.: 4.2% to cornerboards
4.1% est. to foundation/froming
GROUND COVER CALCULA liONS:
, ST FLOOR MAIN HOUSE:
2048 SF TO comerboords
2020 SF estimated to foundation
2nd STY UVlNG A:
165 Sf to comerboards
165 SF estimated to framing
2nd STY UVlNG B:
33 SF to cornerboards
32 SF estimated to framing
2nd STY UVlNG C:
13 SF to comerboards
13 SF estimated to framing
GARAGE:
332 SF to cornerbaards
320 SF estimated to foundation
CABANA:
749 SF to comerboords
730 SF estimated to foundation
TOTAL EXISTING GROUND COVER:
3340 SF to cornerboards
3280 SF est. to foundation/framing
* ALL GROUND COVER FIGURES ARE:!: *
NOTE: STRUCTURES DO NOT CONFORM
TO CURRENT ZONING REOUIREMENTS
WITH RESPECT TO ALLOWABLE GROUND
COVER RAllO.
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AS-BUILT PLOT PLAN
IN
NANTUCKE~ MASSACHUSETTS
SCALE: 1"=40' DATE:SEPT 08, 2008
DEED REFERENCE: DBK 904, PG 209
PLAN REFERENCE: PLFL 51-Q
ASSESSOR'S REFERENCE:
MAP: 32 PARCEL: 63
PREPARED FOR: ADEQUATE HOLDINGS,
BAACK SURVEYING
2 WASHAMAN AVENUE
NANTUCKET, MA. 02554
(508) 325-0940
N.B. 19/39
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Po IN1'
l(04JJ
LLC
FOR PROPERTY UNE DETERMINAllON THIS PLOT PLAN
REUES ON CURRENT DEEDS ANO PLANS OF RECORD.
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A llTLE
EXAMINAllON OR A RECOROABLE SURVEY. J-984
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Sale Date
Sale Price
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3953
3263
35 EEL POINT RD
ADEQUATE HOLDINGS
LLC
48 WEST MORELAND ST
ST LOUIS, MO 63108
07/22/2004
$4,530,000
00904/0209
1.84 acres
NOT A LEGAL DOCUMENT
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RECEIVED
BOARD OF ASSESSORS
AUG 2 7 Z008
TOWN OF NANTUCKET
TOWN OF
NANTUCKET, MA
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
PROPERTY OWNER: Adequate Holdings LLC
MAILING ADDRESS: 48 WestMoreland Street. St. Louis. MO 63108
PROPERTY LOCATION: 35 Eel Point Road
ASSESSORS MAPIPARCEL: Map 32. Parcel 63
SUBMITTED BY: Sarah F, Alger. P.C. 508-228-1118
SEE ATTACHED PAGES
I certify the foregoing is a list of persons who are owners of abutting the 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 139.
Section 139-29D (2)
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SESSOR'S OFFICE
TOWN OF NANTUCKET
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Jam ana ~muage tree t"rmtmg
Use Avery@TEMPLATE 5160@
Nantucket Islands Land Bank
22 Broad Street
Nantucket, MA 02554
Jerome B. & Karen J. Johnston
2224 North Dayton Ave.
Chicago, IL 60614
John D. & Kerryanne Loughborough
15 W oodchester Road
Wellesley, MA 02481
Adam Glick
Denise Scruton
155 East 72nd Street, #13-B
New York, NY 10021
William V. Haddon, Trustee, et al
P.O. Box 247
Nantucket, MA 02554
@091.5 @1\HaAY \!l\
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www.avery.com
1-80o-GO-AVERY
Town of Nantucket
Park & Recreation
2 Bathing Beach Road
Nantucket, MA 02554
Linda D. Neff
5 West 86th Street
New York, NY 10024
Bart A. & Leslie K. Grenier, Trs.
24 Commonwealth Ave., #3
Boston, MA 02116
Thomas H. & CynthiaJ. Bonafair
6312 Dorado Beach NE
Albuquerque, Nantucket,
Massachusetts 87111
Dain T. & Hillary J. Fritz
14 Moss Ledge Road
Westport, CT 06880
AH3^"-09-008-1.
WO)',uaAe'MMM
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Maria L. Zodda
3 Dionis Beach Road
Nantucket, MA 02554
Gregory & Catherine Crockett
130 Rocky Hill Road
Essex, MA 01929
Town of Nantucket
16 Broad Street
Nantucket, MA 02554
Marshall Cohen
Ellen J. Brooks
5 Country Club Drive
Larchmont, NY 10538
Paul M. & Allison G. Russo
133 West 17th Street, Apt. PHB
New York, NY 110011
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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Date: February 11 ,2009
To: Parties in Interest and,Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No, :
089-08
Owner/Applicant:
Adequate Holdings, LLC
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 wi thin such TWENTY (2,0) days.
{ - ' r.! {' -
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, ' ' '( /. . U. '. ,,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 32, Parcel 63
Book 904, Page 209
Limited Use General - 2
Lot 5
Plan File 51-Q
35 Eel Point Road
DECISION:
1, At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, January 15, 2009, at 1:00 P,M" in the
Conference Room at Two Fairgrounds Road, Nantucket,
Massachusetts, the Board made the following decision on the
application of Adequate Holdings, LLC, c/o Sarah F, Alger, P,C"
Two South Water Street, Nantucket, Massachusetts 02554, File No,
089-08:
2. The Applicant requests Variance relief pursuant to
Nantucket Zoning Bylaw (the "By-law") ~139-32 (Variances) from
the intensity regulations of Bylaw ~139-16 (intensity
regulations) to validate the existing ground coverage of about
4,2% in a zoning district where the maximum permitted ground
coverage is 4%, The site is located at 35 Eel Point Road, is
shown on Nantucket Tax Assessor's Map 32 as Parcel 63, is shown
on Plan File 51-Q as Lot 5, and is owned by the Applicant by deed
recorded with Nantucket Deeds in Book 904, Page 209 (the
"Locus"), The Locus is zoned Limited Use General - 2,
3, Our decision is based upon the application and
accompanying materials, and representations and testimony
recei ved at our public hearing, The application was not of
planning concern, and the Planning Board made no recommendation,
There was no opposition in the form of testimony or letters
presented at the public hearing,
4, The Applicant seeks a Variance pursuant to By-law ~139-
32 to validate the existing ground cover of the structures now
existing upon the Locus of about 3,340 square feet measured to
the cornerboards (about 4,2%) and about 3,280 square feet
measured to the foundation/framing (about 4,1%), where maximum
permitted ground cover in this Limited Use General 2 zoning
district is 3,200 square feet (4%),
5, The Applicant purchased the Locus on July 22, 2004, At
that time, the Locus was improved, as it is now, with a main
dwelling, cottage, and garage, as well as an uncovered,
residential, in-ground swimming pool, (The pool is not included
within the definition of ground cover under By-law ~139-2,)
Except for routine maintenance and repair, the Applicant has made
no further improvements to the Locus since acquiring it, The
Locus has the benefit of Certificates of Occupancy Nos. OP-2004-
0293, OP-2004-0294, and OP-2004-0295, duly issued for those
structures prior to the Applicant's purchase of the Locus,
6, In purchasing the Locus, the Applicant relied in good
faith upon the certificates of occupancy and a plot plan prepared
for the prior owner, drawn by John J, Shugrue, PLS, dated June
28, 2004 (the "Shugrue Plan"), which showed that the structures
on the Locus were conforming to the 4% ground cover requirement,
having total ground cover of about 3,130 square feet or 3,91%,
7, In 2008, in preparation for making additional
improvements to the Locus, the Applicant had a plot plan prepared
by Emack Surveying, This plot plan, dated September 8, 2008 (the
"Emack Plan"), a reduced copy of which is attached hereto as
Exhibit A, shows that the Locus has ground cover of about 3,340
square feet measured to the cornerboards or about 4,2% and about
3,280 square feet measured to the foundation/framing or about
4,1%,
8, The discrepancy between the Shugrue Plan and the Emack
Plan is that the Shugrue Plan failed to include wi thin ground
cover the three overhanging portions of the second floor of the
main dwelling that contain enclosed interior space, as required
under the definition of "Ground Cover" in By-law ~139-2, As
shown on the Emack Plan, when taken together, those three
overhangs contain about 211 square feet, and when included within
ground cover, cause the Locus to exceed maximum permissible
ground cover by between about 80 and 140 square feet, depending
upon whether the measurement is made to the cornerboards or the
foundation,
9, The Applicant plans to improve the Locus by
constructing a mudroom and laundry room under the overhanging
second story living area identified as "2nd sty living 'A'" on
the Emack Plan ("Area A"), This construction will fill in the
area under Area A and will not result in any additional ground
cover,
10, Upon the particular facts in this case, the Board finds
that owing to circumstances relating to the size and shape of the
structures upon the Locus, which make curing the ground cover
nonconformi ty onerous, but not affecting generally the zoning
district in which the Locus is situated; given that the
nonconformity is de minimus in nature; and given that the
Applicant purchased the Locus relying in good faith upon the
certificates of occupancy and the Shugrue Plan, which contained
inadvertent errors, a literal enforcement of the provisions of
the By-law would involve substantial hardship, financial and
otherwise, to the Applicant, and the desired relief may be
granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent or
purpose of the By-law (since the intent of the By-law is not to
create a hardship in such cases, and this Board has generally
granted similar relief to other applicants in like
circumstances) ,
11. Accordingly, by unanimous vote, the Board grants relief
by VARIANCE pursuant to By-law ~139-32 from the requirements of
By-law ~139-16,A as to ground cover ratio to validate the Locus
as currently improved, as shown on the Emack Plan, and to allow
the construction of improvements under Area A; provided, however,
that the ground cover ratio of the Locus shall not exceed the
ground cover ratio of the Locus as shown on the Emack Plan, and
further provided that the Applicant shall not have the right to
construct an accessory detached shed as provided in the
definition of ground cover under By-law ~139-2.
SIGNATURE PAGE TO FOLLOW
Dated:
~b~ lD
, 2009
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COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss.
cl J 10, 2009
/
On this L day of ,~r/.ltf. 009, before me, the undersigned Notary Public,
personally appeared J./dA. A '1~ , 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/she signed it voluntarily for its stated purpose.
Ifu~~
Notary Public: ~n~5>c<- j:::'. C;:j/e'
My commission expires: ;fA~r~ij c?.;;J, ~?'/3.
EXHIBIT A
CURRENT ~ WG-2
MINIMUM LDT SI2E: lIO,ooo SF
MlHIiMI FRONTAGE: 150 "
FRONTYNlD SET8AQ(: 3S "
SlOE NfIJ IIEM SETBACK: 1!1 FT
AU.0WA8l.E G.c.R.: 4S
ElCISlIMG G.c.R.: 4-.2lIl to c:orMrbocrd.
4-.1. .... to fllun4IItlon/rr.nt1g
GIlllUIID _ CIll.CMA_
1ST 1'\._ ... IllIUE!
_W1II_.
"W___
... srr u.G ,.
..---
1.'-_"_111,
... srr uw. II
.>>W"_
32 .- __ _ .......
... srr uw. Co
13 .- _ .._.
13 .. __ .. ......
--
J32 . .. __~...
:noW___
CMMA:
1.... _ _ ~...
711O"___
TOTAL DCIS11HG GROUND COVER:
3340 SF to c:omlr1lOllrdl
3280 SF .... to foundation/tram..",
* AU. GIlllUIID aMIl _ MIE.:!: ·
__10__
lU~~~
_ lIf3I'El:T lU IILl-.E GIlllUIID
_1IA1lCI.
~
\
.,.
,\\
~
\
l
AS-IlUILT PLOT PlAN
IN
NANlUCKET, MASSlIOiUSETTS
SCALE: 1"-40' DAlE:SEPT Oll, 200B
DEED fU!:ROIC%: D8K 1104-. PG 208
PlAN REFERENCE: PlfL !l1-0
ASSESSCR'S REFERENCE:
MAP:.12 PARCEl.: 63
PR!PAftED FOR: ADEQUATE HOLDINGS, lLC
D!AO< SlJR't'E'I1HG
2 WASHAUAN AVENUE
NANlUCKET, MA. ~
(50S) ~01140
N.8. 11/38
~
PolJior
~AD
Fa! _n ~ __ ... PUll PUll
_llIl~lDIIDI_~OF-'
__ IY F1ILD __lIS _-.
lHIS PUll IS "01 _ISI 1lI IE A 1IlU:
~- (It A ~~. .J-lNK