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Home My WebLink About006-00/007-00TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date : January ~~ ~ 20 00 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 006-00/007-00 Owner/Applicant• ROBERT M. FLANAGAN AND MARY L. FLANAGAN 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. William P. Hourihan, Chairman 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);.§139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 14, Parcels 14 & 38 L.C. Plan 16220-B, Lot 2D; 6 Village Way; 37 Pocomo Road L.C. Plan 22667-B, Lot 17A Limited Use General-3 Cert. of Title No. 7171 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, January 14, 2000, at 1:00 P.M., in the CoiZference Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the applications of ROBERT M. FLANAGAN and--MARY~L: FLANAGAN, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, Files Nos. 006- 00 and 007-00: 2. The applicants, being the owners of two adjacent lots in common ownership, have filed two companion applications which, by consent of the applicants and the Board of Appeals, were presented together. The applicants' two lots consist of Lot 17A on Land Court Plan 22667-B, situated at 37 POCOMO ROAD, Assessor's Map 14, Parcel 38 ("Lot 17A"), and Lot 2D on Land Court Plan 16220-B, situated at 6 VILLAGE WAY, Assessor's Map 14, Parcel 14 ("Lot 2D") Lot 17A is a vacant lot. According to the Assessor's records, Lot 17A contains about 2.7 acres, which is about 117,612 square feet, and the application to the Board of Appeals so described Lot 17A. However, a survey plan of Lot 17A prepared by Charles W. Hart & Associates, Inc., filed with the Board of Appeals, a reduced copy of which is attached hereto as Exhibit A, shows that Lot 17A actually has area of about 126,183 square feet, and frontage of 240.57 feet on Pocomo Road. Thus, Lot 17A complies with the dimensional requirements for the Limited Use General-3 district in which both Lot 17A and Lot 2D are situated, which consist of a minimum of 120,000 square feet of lot area and a minimum of 200 feet of frontage. Lot 2D is improved with a dwelling, pre-existing the 1972 effective date of the Nantucket Zoning By-law. According to the Assessor's records, Lot 2D contains about 5,227 square feet; the actual area, according to the plan shown in Exhibit A, is about 5,387 square feet, with frontage of 89.36 feet on Village Way, a Proprietors road; thus, Lot 2D is nonconforming as to both lot area and frontage. The dwelling upon Lot 2D is nonconforming as to front yard setback, according to the plan shown is Exhibit A, being situated at its closest point about 11.1 feet from Village Way, with minimum side yard setback in this district being 35 feet; and as to side and rear yard setback, with minimum side and rear yard setback being 20 feet (10 feet for a lot of record) and northerly side yard setback, according to the plan shown in Exhibit A, being situated about 4.2 feet from the northerly side lot line and about 9.3 feet from the westerly rear lot line. According to the plan shown in Exhibit A, the structure upon Lot 2D has ground cover of about 946 square feet, for a ground cover ratio of about 17.560; the maximum allowed in this zoning district is 30, or 1,500 square feet for a lot of record. The applicants asked the Board of Appeals in their applications to issue relief by Variance to validate each of Lots 17A and 2D as a separate lot from each other, or in the alternative a determination that the lots have not merged and that no variance relief is needed, with each lot to be treated as a lot of record. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board ~_-ecommendation was negative on both applications. There was no opposition presented in person or by correspondence at the public hearing. Two abutting property owners were represented ~by counsel, who expressed their support for the applications subject to the conditions set forth in this decision. 4. As presented by the applicants, their legal representative and family members, Lot 2D has belonged to the family of the applicant, Robert M. Flanagan, since some time in the 1920'x. In the late 1920'x, his grandparents, Eugene M. Perry and Annie M. Perry, constructed the dwelling upon Lot 2D, which still exists today. It is a simple one-story cottage. It was inherited by Catherine T. Flanagan, Robert's mother, in 1957, and she placed it in joint ownership with her husband, Charles P. Flanagan, immediately thereafter. Meanwhile, in 1955 Charles P. Flanagan and Catherine T. Flanagan purchased the adjacent Lot 17A, which had up to that time had a separate title history from Lot 2D; each lot was derived from a separate Land Court case and was held separately upon its own Certificate of Title. In 1974, Robert's parents conveyed both Lot 17A and 2D to the applicants. Each lot has been separately assessed by the Town of Nantucket consistently up to the present time. The Flanagan family have used the cottage upon Lot 2D during each summer since it was built, as shown by photographs submitted to the Board of Appeals. The applicants are not full-time residents of Nantucket, and Robert described to the Board the sentimental attachment that he and his family have for it. The applicants now have a financial need to sell Lot 17A, and if Lot 2D were to be considered as merged with Lot 17A, they consider it likely that a prospective buyer would demolish the cottage in order to be able to construct a more modern and substantial secondary dwelling. The applicants offered to place restrictions upon Lots 17A and 2D, as part of a favorable decision to be granted by the Board of Appeals and also enforceable by the neighboring property owners who, as set forth above, supported the applications through their counsel, that Lot 17A would be limited to a single dwelling and that any structure to be placed upon Lot 17A would be set back by 100 feet from the northerly property line (being the boundary of Lot 17A closest to Nantucket Harbor), rather than the 20 feet required as side yard setback under the Zoning By-law, with an undisturbed buffer of natural vegetation 50 feet wide within Lot 17A along its northerly property line. Accordingly, the total number of dwellings upon Lot 17A and 2D would be two, which is exactly the same number of dwellings that could be constructed upon the entire property if it were merged together as a single lot. 5. Under the circumstances presented to the Board, the Board found that owing to circumstances relating to the shape and Lopoyraplry oL Lot 2D and especially aLlectiirg Lot 2D but riot affecting generally the zoning district in which it is situated, consisting of the configuration of the existing dwelling upon Lot 2D a~-rd the adverse effect which the construction of new dwellings upon Lot 17A in close proximity to its northern boundary would leave upon the neighborhood, a literal enforcement of the G~rovisions of the Zoning By-law would involve substantial hardship to the applicants, in that they would no longer be able to keep and enjoy the existing cottage if the combined Lots ~17A and 2D were to be sold as a single lot, ant that desirable relief might be granted without substantial detriment to the public good any without nullifying or substantially derogating from the intent or purpose of the By-law, in that, conditioned as set forth below, the proposed Variance would have the effect of not increasing the total number of dwellings above that permitted as a matter of right, and would benefit the neighborhood by restricting the placement of structures upon Lot 17A. Accordingly, by UNANIMOUS vote, the Board of Appeals GR_~NTED the requested VARIANCE relief for Lot 2D, validating it as a separate lot for zoning purposes with the status of a lot of record, with the structure upon it as now existing, subject to the following conditions, which the applicants agreed would burden Lot 17A as well as Lot 2D: (a) Not more than one dwelling, containing not more than one dwelling unit, shall be constructed or permitted to exist upon Lot 17A. (b) All structures upon Lot 17A shall be situated at least lOC feet from the northerly boundary line of Lot 17A. (c) An undisturbed buffer of natural vegetation 50 feet wide shall be maintained within Lot 17A along its northern boundary line. (d) No expansion of the existing structure upon Lot ?D, as shown upon the plan shown in Exhibit A, shall be permitted without further relief from the Board of Appeals. 5. Inasmuch as Lot 17A conforms to the dimensional requirements of the Zoning By-law, it needs no relief (except for the Variance relief granted to Lot 2D as set forth above) in order to validate its status as a separate lot, and for that reason the requested VARIANCE for Lot 17A was DENIED by the Board of Appeals, by UNANIMOUS vote, for the reason that no relief was necessary; provided, however, that the conditions of this 3 Decision for the granting of the Variance for Lot 2D shall also burden Lot 17A, as agreed by the applicants. Dated: January ~Q, 2000 ~~~ I ~~ Wi is ~. Ho zzihan r., -~ ~ECEIVE® 70'WN CLERK'S OFFICE NANTUCKET, MA 02554 JAN 2 0 2000 ~1,~ ~ . %LERK:__.~ F:\WF\Flanagan\FOber[\ZPA DEC.doc Da lt~ W . ~ i e ~/ " v'~~~/ . O'Mara ~, ATTEST: A TRUE COPY 7~'" _ _ NANTUCKET TOWN CLERK 4 ~~ ZONING' CLASSIF'ICATfON: ~: ~• G: -,~ EXISTiNC: MIN. AREA: ~2000(J S.F.' S.E~P~.RN 'MIN. FRON~AGE:...~. PQ F'?'... , FRONT YARD S.B.:..9,~: F.7" REAR do SIDE S.B.: .2;0, F;7", GROUND COVER (7.):.~3 :/r . , ,t,or z "~ .c. c. /czzo-a N /s }.~ W,4Y (aofr.~ ~tt~+ ~- ,COrzD /y.~`a /t ~i9t?l N /' , Z ..--~ arr. w,/: corr..cic ~ ~' ( ~NM/BT ~ ~ T M RC / G.C.• Sic: J.T ON J a ° °' o q .tors zAaz'' ,LorJ2°c2 .G.C./c22oB~c d..C.lGZ2oaac ~: i , t.: • S9.6G:: 23 8.59 !J- 20. / n/F JCO BFRr M. KVOO/NJ, TA .tor ~s .~..c. zzcc>-v ~l` ~~ p rl A 0 n 4 4 3 R1 V /y-Jfl f0 - ° tioTi7~ ~; ~n .c. c. z:~cc>-a ~ R 0 ..CRtA ~ I` !zcle9ra./c ~ ~71D COUNTY ~ JCOAD ~./NL, H 4 h~ ~ 0. cor !d a b. C.22G6T-C POCOMO Crvss.~e-co.oorr. -~~:~ cov/rrr,r..~ro~r-s-~s-/asi~ j! R C-t. D •...... zsa.aa---------~ ~. S1T~ P~,Ax ,~y_-''-'--,~ ~,~ F LAND IN .,`~~,F °;'~~~~~~,~ ~ NANTU~KET, MASS. ~4o CNAR_ES ti~1 +~O w. ~ SCALE: 1'~lOO~ DATE !-/0-2000 ~` ~ HART ,,, \9 Na.32489 04 OWner. J20B/ERT M.& MARY.C,. F'~,ANAG:4x o"`~s 9FG/S7EAF~ S°, .Zr.C. C~CRT. 7/7/ . . ZoT 2 D ; .G.C. s/ ro oQ Oeed: . . . : .. .Plan /6 zzo-B an d L N / !o•V/l. A.iIG~EYICAY ~-`oT'/7-A;d..C. LOCUB~ZPOCOMO RD: '22~OfO~'B ~~/O^QO CHARLES W. HART & ASSOCIATES, Inc. SANFORD BOAT BUILDING 49 SPARKS AVENUE NANTUCKET, MASS. 02554 . (508) 228-8910 H-5899 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON 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, JANIIARY 14, 2000, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: ROBERT M. FLANAGAN AND MARY L. FLANAGAN BOARD OF APPEALS FILE N0. 006-00 Applicants are seeking relief by VARIANCE under Nantucket Zoning Bylaw §139-16A (Intensity Regulations.- lot area-and frontage). Applicants own Lot 17A on Land Court Plan 22667-B and an adjacent lot, shown as Lot 2D on Land Court Plan 16220-B. Lot 17A, a vacant parcel, contains about 2.7 acres (117,612+ square feet), according to the Assessor's records, and has in .excess of 200 feet of frontage on Pocomo Road. The minimum lot area in this Limited-Use-General-3 zoning district is 120,000 square feet, and minimum frontage is 200 feet. The Applicants ask the Board to validate the subject Lot as a separate lot for zoning purposes from the adjacent nonconforming improved Lot 2D, or in the alternative, a determination that the lots have riot merged and that no Variance relief is needed, with each Lot to be treated as a lot of record. Lot 2d is the subject of BOA File No. 007-00. The Premises is located at 37 POCOMO ROAD, 8ssessor's Map 14, Parcel 38, Land Court Plan 22667-B, Lot 17A. The 157operty is zoned Limited-Use-General-3. RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 DEC 2 3 1999 ASSN. CLERK:--~~ ~_~~, _ 'lliam P. Houriha Jr., Chairman THIS NOTICE IS AVAILABLE IN LARGE PRAT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE PLEASE CALL (508) 228-7215. BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS December 1, 1999, 37 WASHINGTON STREET Date NANTUCKET, MASSACHUSETTS 02554 -CASE NoC/~ APPLICATION FOR RELIEF Owner's name(s): Robert M. Flanagan and Mary L. Flanagan Mailing address: c/o Reads, Gullicksen, Hanlev & Gifford, LLP Applicant's name: Same Mailing address: P. O. Box 2669, Nantucket, Massachusetts 02584 Location of lot: Assessor's map and parcel number 14-38 i~ Street address: 37 Pocomo Road; Land Court Plans 22667-B, Lot 17A, Date lot acquired: 7/10/74 Cert. of Title 7171 Zoning district LUG-3 Uses on lot - commercial: None x or MCD? _ - number of: dwellings 1 duplex T apartments _ rental rooms _ Building date(s): all pre-8/72? x or C of O? Building Permit appl'n Nos. Case Nos. all BoA applications, lawsuits: State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139-32A x if Variance, 139-30A _ if a Special Permit (and 139-33A _ if to alter or extend a nonconforming use). If appeal per 139-31A & B _, attach decision or orders appealed. OK to attach addendumZ The applicant owns two adjacent lots: Lot 17A on Land Court Plan 22667-B (Assessor's Parcel 14-38), and Lot 2D on Plan 16220-B (Assessor's Parcel 14- 42). Lot 17A, a vacant parcel, contains about 2.7 acres (117,612± square feet), according to the Assessor's records, and has in excess of 200 feet of frontage on Pocomo Road. Lot 2D, which has been improved with a dwelling ever since a time prior to the 1972 effective date of the Nantucket Zoning By-law, contains 5,227± square feet, according to the Assessor's records, and has frontage of 90.46 feet on a Proprietors Road known as Village Way. The minimum lot area in this Limited Use General-3 zoning district is 120,000 square feet, and minimum frontage is 200 feet. When the dwelling upon Lot 2D was constructed, Lots 17A and 2D were in separate ownership. The applicants seek variance relief from the intensity requirements of Zoning By-law §139- 16.A (Lot area and Frontage) to validate each of their lots as a separate lot for zoning purposes, or in the alternative a determination that the lots have not merged and that no variance relief is needed, with each lot to be treated as a lot of record. Items enclosed as part of this Application: orderl_ addendumZ Locus map x Site plan _ showing present - + planned _ structures Floor plans present _ proposed _ elevations _ (HDC approved? _) Listing lot area x frontage x setbacks _ GCR _ parking data _ Assessor-certified addressee list 4 sets x mailing labels 2 sets x $200 fee payable to Town of Nantucket x proof' 'cap' covenant _ 1(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 the pains and penalties of perjury. SIGNATURE: ~• Applicant _ Attorney/agent x '(If not owner or owner's attorney, enclose proof of authority) FO~ OFFICE USE ) Application copies reed: or M , B on Lj~/~b}~~~~~ One copy filed with Town Clerk on ~l~v~~1~ by ..complete? C~ One copy each to Planning Bd and Building by/~AJ~G,~~;,~ $200 fee check given T w surer on1~ 'by ivec~, Hearing notice posted ~ mailed ~~' /L. & M 1 ~ ~/~j`_ Hearing(s) on _/_/_ co~~o _/_/~_"",II"-/-/- withdrawn. _/_/_ Decision due by _/!/_ made _/_/_ filed TC _/~/_ mailed _/_/_ See related cases lawsuits other F:\WP\Flanagan\RObe r[\20A App.doc W~ U~ N !L LL O W~Q ~ rn ~~ ~ W Lr I- JY ~ G t - ~ ~~~ U- ~~ i ~ Z ~ ~ ~._ ~ ~ ~ ~` ~ ~ `~I ~_' A hr • .+ q i ti r 1 ~ = ~ F~ t I .t . -x. w 4 ~rw.. eax-... - , 1 • f._ _w9 ` ~ ~ ~ r ~ _ ~ ~~ ,J~x r < ~~~ ~ q' f Y ' ~ _ t a _ v .~ -o° I~~ t t ~ ~ r'r ~ .. M~ 1 _' ~ ti J _,f = F _. ~...._ I • ,ter ~"~ ~/ i F } ~ i I I ~! '1 N L ~ ° ~ v • ~ N ~ '~~ C ' ~~ ~~ ^~ of ! 1 I v 1 ~4 T. 4. ~ = T Z ~ i ~ I"'r i f ` • `Q ~ • u Q ~ O s I i • = ~ u ~ « y. ~ w • < ~ • '. • a 1 o i ~ y ! 1 - ~ _ t~ • / ~ C~! /~ • u ,~ PM ~ ~ i y- G~M ~ ak ~- s ~ o > e € _ ~ u i :' ~ y O y ` H t • W ~ < ~ f 1 ~ < • ~ w r u ~ f ~ O M WW < Wp O p • M ~ w M ~ w 1 f < ,j ai ~ • ~ W ~ W • w e `! =» ' ~KM n e I~ I~ Y 3 J w ~ ~~ ~ • C ` ; M M .. O ~ ~ I > 1 G D O • ' W M u ~• ~ i ~ ~ W W j r A~ d r }} t yj J Y "" ' W J- • f ~~ A w i <~ m~ •= d ~ Y _ Z~'~< O ^ e ~ '.. O a O "< < O Z • u U ~+ o °C z Z va • ~_ O = ~ ~ V 3 d Z ~ w • • i J\ Ze"i 3~2~ N • • ^ ~ ^ ~ ~~ O C Q d D U • y ~ ~~ `~ N Z<oZZ & ~ ~ FOp<~ w ~ p0 ~ p~ Z W v O ~ S ^ ~1 ~ ~ V Z ~ V _ ^ M Z p V< V A ~ 3 '000 Z £ £ 3 ~~ Form LCE-S-3. 4M•9.55-'JI5145 SUBDIVISION PLAN OF LAID IN NANTUCKET Josiah S. Barrett, Engineer August 1~, 1955 N, ~~ ~ y~ ---L 1, C. No, /6Z20~ wi/h Cert. 2380 Or vile Coffin BO~nd ~ N• Z3 22 667 B t 2- n J C.H. Henry N. Faye L. C, 6283 A fled with Cert of Title No. /077 Subdivision of part of Lot 17 ShoV+n on plan 22b67A sh.l Filed tivith Cert. of Title No. 3710 Registry District of Dlantucket County Separate certificates of tit/e may be /slued fog land shown hereon as___dot__17_A----------------------- By the Court. / ;" •' / / / r~ m~v. ~'ept~7r 1~,~5(~ - - ----- --'-----Recorder Copy of pan` of plan filed in LAND REG/STRA T/ON OFF/CE Sept. 7, /955 Scale of this plan lOO feet to an inch C.M. Anderson, Engineer fvr Court i~,~l ~ ~~;'r i ~.a ~ ;. ~..,. :-r .- u V d v r .y l rV V •~ U •.. k C d U QTY -'YG} 14'~~- ~ ~Fl~~-- Subdivision of Lots 2 2 B & 1~A shown on Plan 16220A Sheet 2 ~~~~0 ~ 5 Filed with Cert. of Titie No.~ 3 ~tegistry District of Nantucket County _ ~ LAND IN NANTUCKET f ~ ,S I Scale 100 feet to a,n inch ~~s~`~~' ,gyp ''°.~-,~ APRIL 25, 1`39 , ti ,', *Qp'o~.~ -. S~ ~~~0 C. B. Humphrey, Engineer for Court. ~~ 'Q~ -S ,Q ~. ~ '~ ~ ~ '~~ ^ 0~ ~y ti~ ^,~ od ~^~ ~ G ~! ~ l ~ Q\a l V ^ ~\ ~,, i ^ ~ti / i ~.:.,5/ua 0 ~ ~~~~ - ~7 Jo.c -'mss n ~ ~ ''~. ~° 1 n~ O QJ V ``J ~ t 95~ `~ O O d ~ ~ ~~ °Oti~ 3 0 ;' =~ i J 9z~ ` 3 .5' o ~ ~' /, ,., Q,o _~ "~ ilp ^E ~ n~ v , j u 'i I 92 #~ ~ri ry~ ~ d+. ~ 0 r ' I 90,x. .. ~ Q, ~ p' ~o J i O T ~ ~ d^ ~, B/~h I 86 x X98 ~uli 1 ~~ Fj2 '•' 1 /~ A' O r N r i ~; :~ ~ ~~ - ~•~os%y ~ N !? ~ /-t .. ~ ~~/d _ I ~ ~ ~~ ~ ~ ',t: _ o~/ '~o,~~ ~' i 29 ~j~, `v i ~ 'nT > _ ~, f ~ ~, I ~/ ~ ~O` L j ~o ~ ,~~ ~, ~ ~ ~ ~~ ~ ~~. -%o ~ <;~ ~ ,bti X90° ~~'~ 1 ~ \ _ ~ y~ ~ 3, 9p ~ ~ s c ~ ~o.,c N ~ <r 1' o ~I '~ •>, v h `~ `^ ~J i / i ~ •~ ~ ~ '', / ._~ _- i ~ ~ v ~~ ~ ~~ D }} i - ( /c ~ v.o `C ~ : _ 4 ~ 1 ~, ~ ~ ~ .~ o '`~` v ?3s ~ '~ Separate certificates of title may be issued (I ~ ~ - Q ,,1 dot .Z..,~,..~j~, 2., 25..,.~,.~`...,.~......... as shown hereon ` N ~ / ~~'~~ ,~,o9os~ ~ ®y the Court 6°,7"~~B s~ a h ~ , .. ... ' ~~ ~ I I 1 ~ ~ APR(L.~ ..x.1..39 .. - Recorder o~ .J J u N 0 N 0. N TOWN OF NANTUCKET ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN T~ MATTER OF THE PETITION OF . ~= ~ ~.,+ PROPERTY OWNER:..........~.~.~.~.~.. ..~~.....~~:,Ic::.~ ................~rn... ~~ ~fA1LfNG ADDRESS :....................................................................................... PROPERTY LOCATION :...............(.`-I., 3. ASSESSORS MAP/PARCEL :............................................................................. SUBMITTED BY :............................................................................................... SEE ATTACHED PAGES l certify that the foregoing is a list of persons who are o~mers of abutting property, o~~~ners of lane directly opposite on any public or private street or ~vay; and abuners of the abuners and all ocher land o~~ners within three hundred feet of the propert}~ line of owner's property, all as they appear on the most recent applicable tax list. (M.G.L. c. 90.A, Section I l Zoning Code Chapter 139. Section 139-29D (2) ). `~ N a`~, ~ F s 5..:, DATE ~ ////' ~ C~/ ASSESSOR'S OFFICE TOWN OF NANTUCKET • •< ~~ ~r ~~ g~gAp ~C~1 oFgSS~ D INFORMATION REQUEST FORM /n~//~n, Nantucket, MA 'O(~~ SS~'4S ~2 1999 Assessing Office, 16(BOgjd Street, T ~____ _ 22.8-7211 O'A, N ~'V APPLICANT C~~T A Return by Mail [ ] Date - 11 /_ ~ / 99 Pick-up (XX] Name Arthur I. Reade, Jr.; Reade, Gullicksen, Hanley & Gifford, LLP Address - 6 Y W State _ Massachusetts City Nantucket x2554 2honE - ( 508 ) 228 - 312_ $ __ Z ip - ------- ~ . 5(;BJEC,T PROPE~'t`i'Y x38 Fiscal Year 2vvv Map ~ _ wl4 Parcel ~ - Robert M. and Mary L. Flanagan Owner - Address 37 Pocomo Road TYPE OF INFORMATION 11.00 per hour or part thereof)__--( xl 1_ Abutter s List_..($ _-~ ] a. Board of Health .................. .~ ] b_ Conservation Commission....------• - c. Liqu -~.eals. ____[X] d. Zoning Board of App •--•--- 2. Property Card._..($ ..._.. -($11.00 per hour or)-•-----•-....-- =~-J - 3. Maps....-------- •_....._.[ ] a. Full Size__.($3.00 ea.).-- b. Index._..---($1.50 ea.)_..---------L ] . _f l b_ Letter 5~7~.~$cl-?5 ea.)..--------- 4. Topographic Map--($11-00 Per hour or $3.00 ea_)__-_---I ~ 5. Sales Report._---( " - ($11.0p per hour or part-thereof)_-_.[ ] 6. Other..---------- Explain: da s for processing- Payment is due upon Allow ten (10) Y return of information requested. This is not a receipt_ ~ TG4!'d 0` t`!kMTUC~=T t;UAS?50 9.. ',1 r'C5/Si 0;.!n!~R'S MAILI!i6 ADDRESS LIST ry :.:3:5~ -,l nc "~~'re~slCity S~~'r.e Zi? Prcperty t.~caticn p=:, ?1c,c!c Lct Owne^'s%Ce-Gwner's Via,>.le N~ ~ i. _ .,,.,. ., . G~^[ Vin; ~ LENAITkE CHARLES E 2 ALIN`- A uA J'~n37 ' . :C;t u>.RD!. . u I'_LA6E I , , f CC14 OC''S cc _cTn'~ r ICr.;`.R "2 - - l;C i-'.. . n ..v °" I?.~ Y ~~.`i."~,I~T Cr'.Q! .. .. ri (G ^-'' /v 777__~1i.' C.:-~RD ti: 03 CO'14 GC'.? r_nP:Au=.D! 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", ''I L~.N=',Sid' ~tt~K~FS E ~, 4•.._N= „ ~7 .. tiARD'~,'ICK '.U^~BE°. of F:ECO°.DS = - , ~ 1 . ~- fr., '.1' 1. r-1 r. lr TOWN OF NANTUCKET ZONMG BOARD OF APPEALS LIST OF PARTIES IN MT*E-REST IN THE MATTER OF THE PETITION OF PROPERTY OWNER:......''.~C~.!"1.~.~~..`..~~~.~<~:..~.....~....I.~.~~ `-- i~fA1LfNG ADDRESS :........................................................................................ (cam - PROPERTY LOCATION:..........~.....v'.~.......J~..-....~d.`-~ .......................... ASSESSORS MAP/PARCEL:.........~.~... y..a' ..:................................................ SUBti11TTED BY :............................................................................................... SEE ATTACHED PAGES 1 certify that the foregoing is a list of persons who are o~mers of abutting property, o~~~ers of Iz^.~ directly opposite on any public or private street or way; and abutters of the abutters and all other land o~~ners ~~'ithin three hundred feet of the propert}• line of owner's property, all as the~~ appear on the most recent applicable tax list. (M.G.L, c. 90A, Section 1 1 Zoning Code Chapter 1 39, Section 139-29D (2) ). DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET ~~'~ ~l T.IFORMATION REQUEST FORM Assessing Office, 16 Broad Street, NantucKet, MA 02554 (508) 22.8-72I1 APPLICA2~'T Date Name Address City '~honc Map Owner Address Return by Mail [ ] - 11 / 2 _/ 99 Pick-up [ ] Arthur I. Reade, Jr.; Reade, Gullicksen, Hanley & Gifford, - 6 Young's Way _ Nantucket State _ Massachusetts //~ ~ Y LLP 228 - 3128 _ Zip - _ x2__554____. ( 508 ) • ~ SCBJEC'T PROPI:rc`i~Y x42 Fiscal Year 2000 0014 Parcel ~ - Robert M. and Mary L. Flanagan 6 Village Way TYPE OF INFORMATION 1_ Abutter`s List__.($11.00 per hour or part thereof)_..-[X~ a. Board of Health-------------------'[ ] b. Conservation Commission_._.--------[ ) ='~ c. Liquor License .....................j d_ Zoning Board of Appeais....._....._[X7 2_ Property Card.__.($ x,00 ea.) ..........................[ 7 .($11.00 per hour or)_.......__...._ _[-] . 3. Maps.......----- .._--{ ~ a. Full Size.__($3.00 ea.)..----- b. Index_--__--($i.50 ea.)_...-----...[~ b. Letter Size.($0.25 ea.).-----------[ ~ 4. Topographic Map._($11.00 per hour or $3.00 ea.).------[ 5. Sales Report-----($1.OOJpage) ..............•-...-----_[ 7 ($11.00 per hour or part thereof).---[ 3 6. Other.......-.--- Explain: Allow ten (10) days for processing. Payment is due upon return of information requested. This is not a r-eceipt. . FAGS 1 TOSlN OF NANTUCKET µL'c S73C 9.2 ~o GtaNER'S MAILING ADORES.. , ,T .v:2i ' uaiii^.o Addre°s(City Sate '_'~ rro?erty Lacaticn Mop Eicci: ~ot .. 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VILLAc 4!Y CC"~+ 0""1 L_MAITRE CF::;RLES E v R.._NE A 0103? ~A~DWiCK MA OC02 - V?NCcr~c cA4opRN Lr, RR.L.CrL_n 300 4i000HAVEN DR ,,#:1G6 G.s00 V~LLa~-= ,a" GCi4 H_LTON HEAD SC L99%3 19 . ~G'GU ~A~M~O ~i CO'; S ~ ;.6 E e: Y ._-_ .~.. ~ 4 L..1,, .. :.ITzI F~ ~N:.aL~_ ~Tri. ~_C V.J , NANTUCKET Mk 027:4 :0 cOX 239 CO^ ~ ~, - ~ Lk6E ~.~~ -- C01y OCJ,:. ~RO`:IDE4CE :.SSOCIATEc L!.C Ct:Ei+MRIDGE NJ 08:14 0[3i C/0 R=:LCO cE.°.VICc Cv 1 c HA2$G~ VILLAa O=' 5 G.. - T, y?n Tsc - . 5?~:~ 3 IY _ LA6E t:'F.Y ~'0'"INE- ~,i -TV- T~.~1S~ :E40 BEACH , ~ 3:95? ' ' ~= ! _ _ _ -qC GC1 =ET23 u VIRGilr_n _ ~`:v_,n1 - FnYBGR VILLr,Gt D;: _ - ~ rIi ! A6E C_~i ~.. + GO :- ~ . ._ `:\'c VILLAc= !dAY" P'G.":T_?~rE TaUST VERO BEACH FL 3'9c.7 v G01. ^^,`L ~-~ ~wGVIDct~~E .•~~GC_T=.~tS ' ` ~ r0 BG%. C39 -"~`S . d-11 c "iJ G' ~ c C. ~ ~=;._CO SER~iIC= C, G _ , CF~A.M RIDG - COGS ViL! AGE iTY OC"' G~=:3 SY:tL ~vANcTTE G1. E`+ G006 rnRMER ST t:A4TUCKET A'.A 02:54 4301 NcW 3UP.NSWICK AVE 0033 PGCOYG ,'.O 001',. OG¢.0 SEi.LEY RONa.LD A S RL,4INFIELD 4J C7080-12G~ NUMBER CF RECGR~S = "'~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: January ~~ ~ 2000 To: Parties in Interest and_Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 006-00/007-00 Owner/Applicant: ROBERT M. FLANAGAN AND MARY L. FLANAGAN 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. William P. Hourihan, Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMT.T AND WILL EXPIRE IF NOT ACTED UPON ACCORDING`TO NANTUCKET ZONING BY-LAW §PLEASEICALLETHELNANTUCKET'ZONING3BOARDAOFAAPPEALS. ANY QUESTIONS, NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 14, Parcels 14 & 38 L.C. Plan 16220-B, Lot 2D; 6 Village Way; 37 Pocomo Road L.C. Plan 22667-B, Lot 17A Limited Use General-3 Cert. of Title No. 7171 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, January 14, 2000, at 1:00 P.M., in the 37 Washington Conference Room, in the Town Annex Building, Street, Nantucket, Massachusetts, the Board made the following decision on the applications of ROBERT M. FLANAGAN and--MARY• L: FLANAGAN, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, Files Nos. 006- 00 and 007-00: 2. The applicants, being the owners of two adjacent lots in common ownership, have filed two companion applications which, by consent of the applicants and the Board of Appeals, were presented together. The applicants' two lots consist of Lot 17A on Land Court Plan 22667-B, situated at 37 POCOMO ROAD, and Lot 2D on Land Assessor's Map 14, Parcel 38 ("Lot 17A"), Court Plan 16220-B, situated at 6 VILLAGE WAY, Assessor's Map 14, Parcel 14 ("Lot 2D") Lot 17A is a vacant lot. According to the Assessor's records, Lot 17A contains about 2.7 acres, which is about 117,612 square feet, and the application to the Board of Appeals so described Lot 17A. However, a survey plan of Lot 17A filed with the prepared by Charles W. Hart & Associates, Inc., Board of Appeals, a reduced copy of which is attached hereto as Exhibit A, shows that Lot 17A actually has area of about 126,183 square feet, and frontage of 240.57 feet on Pocomo Road. Thus, Lot 17A complies with the dimensional requirements for the Limited Use General-3 district in which both Lot 17A and Lot 2D are situated, which consist of a minimum of 120,000 square feet of lot area and a minimum of 200 feet of frontage. Lot 2D is improved with a dwelling, pre-existing the 1972 effective date of the Nantucket Zoning By-law. According to the Assessor's records, Lot 2D contains about 5,227 square feet; the actual area, according to the plan shown in Exhibit A, is about 5,387 square feet, with frontage of 89.36 feet on Village Way, a Proprietors road; thus, Lot 2D is nonconforming as to-both lot area and frontage. The dwelling upon Lot 2D is nonconforming as to front yard setback, according to the plan shown is Exhibit A, being situated at its closest point about 11.1 feet from Village Way, with minimum side yard setback in this district being 35 feet; and as to side and rear yard setback, with minimum side and rear yard setback being 20 feet (10 feet for a lot of record) and northerly side yard setback, according to the plan shown in Exhibit A, being situated about 4.2 feet from the northerly side lot line and about 9.3 feet from the westerly rear lot line. According to the plan shown in Exhibit A, the structure upon Lot 2D has ground cover of about 946 square feet, for a ground cover ratio of about 17.560; the maximum allowed in this zoning district is 3%, or 1,500 square feet for a lot of record. The applicants asked the Board of Appeals in their applications to issue relief by Variance to validate each of Lots 17A~and 2D as a separate lot from each other, or in the alternative a determination that the lots have not merged and that no variance relief is needed, with each lot to be treated as a lot of record. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board recommendation was negative on both applications. There was no opposition presented in person or by correspondence at the public hearing. Two abutting property owners were represented ~by counsel, who expressed their support for the applications subject to the conditions set forth in this decision. 4. As presented by the applicants, their legal representative and family members, Lot 2D has belonged to the family of the applicant, Robert M. Flanagan, since some time in the 1920's. In the late 1920's, his grandparents, Eugene M. Perry and Annie M. Perry, constructed the dwelling upon Lot 2D, which still exists today. It is a simple one-story cottage. It was inherited by Catherine T. Flanagan, Robert's mother, in 1957, and she placed it in joint ownership with her husband,. Charles P. Flanagan, immediately thereafter. Meanwhile, in 1955 Charles P. Flanagan and Catherine T. Flanagan purchased the adjacent Lot 17A, which had up to that time had a separate title history from Lot 2D; each lot was derived from a separate Land Court case and was held separately upon its own Certificate of Title. In 1974, Robert's parents conveyed both Lot 17A and 2D to the applicants. Each lot has been separately assessed by the Town of Nantucket consistently up to the present time. The Flanagan family have used the cottage upon Lot 2D during each summer since it was built, as shown by photographs submitted to the Board of Appeals. The applicants are not full-time residents of Nantucket, and Robert described to the Board the sentimental attachment that he and his family have for it. The applicants now have a financial need to sell Lot 17A, and if Lot 2D were to be considered merged with Lot 17A, they consider it likely that a prospective buyer would demolish the cottage in order to be able to construct a more modern and substantial secondary dwelling. The applicants offered to place restrictions upon Lots 17A and 2D, as part of a favorable decision to be granted by the Board of Appeals and also enforceable by the neighboring property owners who, as set forth above, supported the applications through their counsel, that Lot 17A would be limited to a single dwelling and that any structure to be placed upon Lot 17A would be set back by 100 feet from the northerly property line (being the boundary of Lot 17A closest to Nantucket Harbor), rather than the 20 feet required as side yard setback under the Zoning By-law, with an undisturbed buffer of natural vegetation 50 feet wide within Lot 17A along its northerly property line. Accordingly, the total number of dwellings upon Lot 17A and 2D would be two, which is exactly the same number of dwellings that could be constructed upon the entire property if it were merged together as a single lot. 5. Under the circumstances presented to the Board, the Board found that owing to circumstances relating to the shape and topography of Lot 2D and especially affecting Lot 2D but not affecting generally the zoning district in which it is situated, consisting of the configuration of the existing dwelling upon Lot 2D a?~d the adverse effect which the construction of new dwellings upon Lot 17A in close proximity to its northern boundary would have upon the neighborhood, a literal enforcement of the c~rovisions of the Zoning By-law would involve substantial hardship to the applicants, in that they would no longer be able to keep and enjoy the existing cottage if the combined Lots '17A and 2D were to be sold as a single lot, ant that desirable relief might be granted without substantial detriment to the public good any without nullifying or substantially derogating from the intent or purpose of the By-law, in that, conditioned as set forth below, the proposed Variance would have the effect of not increasing the total number of dwellings above that permitted as a matter of right, and would benefit the neighborhood by restricting the placement of structures upon Lot 17A. Accordingly, by UNANIMOUS vote, the Board of Appeals GRANTED the requested VARIANCE relief for Lot 2D, validating it as a separate lot for zoning purposes with the status of a lot of record, with the structurWhiphnthe appl cants agreed wouldtburden eLo o117Alas conditions, well as Lot 2D: (a) Not more than one dwelling, containing not more than one dwelling unit, shall be constructed or permitted to exist upon Lot 17A. (b) All structures upon Lot 17A shall be situated at least lOC feet from the northerly boundary line of Lot 17A. (c) An undisturbed buffer of natural vegetation 50 feet wide shall be maintained within Lot 17A along its northern boundary line. (d) No expansion of the existing structure upon Lot '?D, as shown upon the plan shown in Exhibit A, shall be permitted without further relief from the Board of Appeals. 5. Inasmuch as Lot 17A conforms to the dimensional requirements of the Zoning By-law, it needs no relief (except for the Variance relief granted to Lot 2D as set forth above) in order to validate its status as a separate lot, and for that reason the requested VARIANCE for Lot 17A was DENIED by the Board of Appeals, by UNANIMOUS vote, for the reason that no relief was necessary; provided, however, that the conditions of this 3 Decision for the granting of the Variance for Lot 2D shall also burden Lot 17A, as agreed by the applicants. Dated: January ~+Q, 2000 ~ECEIVE® TOiNN CLERK'S OFFICE. NANTUCKET, MA 02554 JAN 2 0 2000 ~~-d-V1~:_---- ~ ~1~ A,K ~ERK: F:\WP\Flanaga^\ROberC\Z°A DEC.doc ~~~ ~ ~~ Wi is ~.w ~~ih~n ~.''~ Da~W. ~ai~v J, 'cha O'Mara . ~~tz~U~ Nancy S n d S./'P'oole 4 ZONING CLASSIF'ICATfON: ~:, u. ~; -,~ EwsnNC: MIN. ARFA: . l2000fJ S;F:' S.E~P~.AN MIN. FRONfAGEk ..2PQ F•. Z'. .. .. .. . FRONT YARD S.B.:.. 9.5: F•T- • ... ... . REAR dt SIDE S.B.: . .2:~ FT , .. . GROUND COVER (7.): .~3 :fir . • X38.58 ~~ r;! s/ A 0 !s - az ~-- Lor2D / L.c.l~zzo-e -(Rd:R • .?3871 J.F. -/ JTY. N// GoTTA6/C G.C.• 9iG: 1. /' n Y 4 3 ai h v /s-20.1 ti/F Ro H,CRr M. KVQO/N1, Tw.. .(,or G4 .{, G, 22GGY- V ,C,or z "~ .L. c. /czzo-a yV~gY (sorr.~ !fn Jfa /-I~ J94d1 R/CM/AND ~~/jYM~/DT J.{. rRt1TON A R /.oTJ 2°t2 Lors z az L.C.l622osac ,t„6lG 220a~ ~' .LOT /7. ~ ~ .G. C.2RCG7-a ~ ~ - . .cRx.a ~ /zC/83d J•/C {. ~ LoT /8 D CrOCO/M"Y ~ ,L,C.22G67-C ROAD .C/Ki~ 4 0. ~- :I :1 POGOMO (r~ati/c-co.oorr. -';~, co~/rrr /-Aro~r -s-~-/a~/~ ~ ~.? O A D zso.aa-'-'---' SiT~' P~,Ax F LAND IN ~~~~.~~_~.~;.1. NANTU~KET, MASS. ~~F1µ OFlrgg~,~$?. ;' CHAa! ES tiG yy, m SCALE 1'~LOO DATE: 1-/0-2000 HART ~ ' JQOB~RT M. & MARY.. F~,A/JAGAK No. 32489 ~ O.wner. o ,CoTZ D ; .G.C. r 9FGISTEP~~ ~~ ~ ,Z.C. C/CRT. 7/T/. Plon/6 220-8 a.. d N O N 6 V/.S.A.itG~ vr~AY 22667-8 Locus 3x~ocoMo lea; . `~/o - Qo cxaR~s w. xA~tT & AssociATES, ins. SANFORD BOAT BUII,DING 49 SPARKS AVENUE NANTUCKET, MASS. 02554 . (508) 228-8910 H_gg99 ..,,~~~M~~, TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON 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, JANUARY 14, 2000, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: ROBERT M. FLANAGAN AND MARY L: FLANAGAN BOARD OF APPEALS FILE N0. 007-00: Applicants are seeking relief by VARIANCE under Nantucket Zoning Bylaw §139-16A (Intensity Regulations - lot area and frontage). Applicants own Lot 2D on Land Court Plan 16220-B and an adjacent lot, shown as Lot 17A on Land Court Plan 22667-B. Lot 2D, an improved with a dwelling since a time prior to the 1972 effective date of the Nantucket Zoning Bylaw, contains about 5,227 square feet., according to the Assessor's records, and has frontage of 90.46 feet on a Proprietor's Road known as Village Way. The minimum lot area in this Limited-Use-General-3 zoning district is 120,000 square feet, and minimum frontage is 200 feet. The Applicants ask the Board to validate the subject Lot as a separate lot for zoning purposes from the adjacent nonconforming vacant Lot 17A, or in the alternative, a determination that the Lots have not merged and that no Variance relief is needed, with each Lot to be treated as a lot of record. Lot 17A is the subject of BOA File No. 006-00. The Premises is located at 14, Land Court Plan 16220-B, Lot Limited-Use-General-3. f~ECEt'VED TOV~/N CLERK'S OFFICE NANTUCKET, MA 02554 6 VILLAGE WAY, Assessor's Map 14, Parcel 2D. The property is zoned William P. Hourihan, Jr., Chairman DEC 2 3 1999 T~~r1E:_.__ 1` Icy ~.~ vLER ~ :~. TffiS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE PLEASE CALL (508) 228-7215. BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS December 1, 19.99 37 WASHINGTON STREET Date NANTUCKET, MASSACHUSETTS 02554 CASE No. - APPLICATION FOR RELIEF Owner's name(s): Robert M Flanagan and Marv L. Flanagan Mailing address: c/o Reads Gullicksen Hanlev & Gifford, LLP Applicant's name: Same Mailing address: P. O. Box 2669 Nantucket Massachusetts 02584 Location of lot: Assessor's map and parcel number 14-38 and 42 Street address: 37 A~aaex~e-* 6 Village Wav Land Court Plans "" r-, * ~~* ~^a 16220-B, Lot 2D Date lot acquired: 7/10/74 Cert. of Title 7171 Zoning district LUG-3 Uses on lot - commercial: None x or MCD? _ - number of: dwellings 1 duplex _ apartments _ rental rooms _ Building date(s): all pre-8/72? x or C of O? _ Building Permit appl'n Nos. Case Nos. all BoA applications, lawsuits: State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139-32A x if Variance, 139-30A _ if a Special Permit (and 139-33A _ if to alter or extend a nonconforming use). If appeal per 139-31A & B _, attach decision or orders appealed. OK to attach addendumZ The applicant owns two adjacent lots: Lot 17A on Land Court Plan 22667-B (Assessor's Parcel 14-38), and Lot 2D on Plan 16220-B (Assessor's Parcel 14- 42). Lot 17A, a vacant parcel, contains about 2.7 acres (117,612± square feet), according to the Assessor's records, and has in excess of 200 feet of frontage on Pocomo Road. Lot 2D, which has been improved with a dwelling ever since a time prior to the 1972 effective date of the Nantucket Zoning By-law, contains 5,227± square feet, according to the Assessor's records, and has frontage of 90.46 feet on a Proprietors Road known as Village Way. The minimum lot area in this Limited Use General-3 zoning district is 120,000 square feet, and minimum frontage is 200 feet. When the dwelling upon Lot 2D was constructed, Lots 17A and 2D were in separate ownership. The applicants seek variance relief from the intensity requirements of Zoning By-law §139- 16.A (Lot area and Frontage) to validate each of their lots as a separate lot for zoning purposes, or in the alternative a determination that the lots have not merged and that no variance relief is needed, with each lot to be treated as a lot of record. Items enclosed as part of this Application: orders- addendumZ _ Locus map x Site plan _ showing present _ + planned _ structures Floor plans present _ proposed _ elevations _ (HDC approved? ,_) Listing lot area x frontage x setbacks _ GCR _ parking data Assessor-certified addressee list 4 sets x mailing labels 2 sets x $200 fee payable to Town of Nantucket x proof3 'cap' covenant _ 1(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 the pains and penalties of per'ury. SIGNATURE: _~ Applicant _ Attorney/agent x 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies rec' d: 4 v/ or for BoA on ~Z-/L~ / ~~ by -fi P One copy filed with Town Clerk on IL/~/~L by ~~ com lete~ One copy each to Planning Bd and Building Dept ~L /'}~? ~~ by ~ _ $200 fee check given Town Treasurer on _/ by waive . Hearing notice posted ~~/l~/~ mailed L/~~ I & M f~/~/~~, .1/~/~ Hearing(s) on -/_/_ cont'd to _/_/_, _/_/- withdrawn? _/_/_ Decision due by _/_/_ made _/_/_ filed TC _/_/_ mailed _/_/_ See related cases lawsuits other F:\WP\Planagan\RObe r[\Z BA App.doc W~ U LL O W~Q ~Y~ ~ rn ~ ~ : ~WW ~ r .JY ~- J _ ~ ~ 1 ~ > ~ d ~, ~ ~ ~ ~ ~ ~ C} _ ~._ _ _ _ E 332 000. s = o o _ u n > n i + ~ - o >.. € ~~s T tY n ,. omioz ~ °o sP npoN AO ,_. p !` ~i m ~^ 0 3> 70 ~Ci ~~oE ° ~ f 3 o r _ ~o -. o m < ~ < > < 0 A Z J~ ~ P (Zl Z ~ ~ N T O /~\' ~ .,~ ~ y T C1 ~ ~ ^ O! ~ • P P Y T ~ O Z ~ N `` p n ° ~ r ~ p T Z Z> p o c P p P ~O ~~ ~.. ~ PY ~ °~f ~ ~ 1 ,s ~P f ~m 10 ~ ~ - P M ' r r ~ - V + Pr .I • P• V w r ~ ~ ' ~r P M P ~ _ ~ ~ O Z N V I ~ I O _ P ~ ~ C ~ ~ ~' Y_P O V ~; ' n P ~ ' M P Z Z I P P M N P M Y M O N~ • ° w j9 1~1 » ~ i ~ ~ ~ ' ~ N ' P + v ' ~ ~ ~ > ~ n ^ ~ P V I ^ -1 ~ H t ~ ~ :i = v ~, 4 P ~ - i krn o P x ` '1 ~ : M f ' ~ _ ~ P ;a ~ ~p~~~ a Y Y • ~ ~ _ _ _ i R _ /~ ~ 5 .T_ _~ F ~ • o P r ~ v P P _ . - n f s Y ~ w ° P No 0 ~ • +~ ~ i ~ D ~ .. ~ w 1 ~ - ~ ° r r-.N~ '" y ~..~ - _ r 7~- -1 /w ~ y r ~I r f- ~ o ~t co~,cs~,.y /` P ~ f f~~. d ~ ~/ T ~ .,. s' ~ ~ ~ ~ 11 i 7~ ~ w M ~. 1~. I P.• q~ ° ~~ LI ~ ~ ~ ~ • ~ r^ r ~ n P 1.,T ,q ur I I li ~. ~~ /\ M M ~ \/ • ~ \ {~ P - - Y • ~_ t o ~1 ~~ A ^ ~ b N P N : ~ V rT ~~ ~ ~ Y T 1~r ~ F~ _ ..x ...~rv. ~P1+ " r t ~ ^` n 1 1 / r ~ ~ i N ~ '~ u v ~P•4 r 1 ~-= TOWN.OF NANTUCKET ZONING BOARD OF APPEALS - LIST OF PARTIES IN INTERfiST IN THE MATTER OF THE PETITION OF PROPFRT`.' OWNER:......:-'.!dr~.~.~>'~.. ~G~<,t,,;..M......,,....~..... ~... t~1A1Li1~'G ADDRESS :........................................................................................ PROPERTY LOCATION:..........~.".....~'.`...~~..~:...~-'a.~~ ...:...................... ASSESSORS MAP/PARCEL:.........}.~..~. y..r~ ...:................................................ SUBt~11TTED BY :............................................................................................... SEE ATTACHED PAGES 1 certi(; that the foregoing is a list of persons who are o~mtrs of abutting property, o~~ners oC Izne directly opposite on any public or private street or ~~-ay; and abuners of the abuners and all ocher land o~~ners ~tiithin three hundred feet oCthe propert}' line of otivner's property, all as they appear on the most recent applicable tax list. (M.G.L. c. 40.A, Section 1 1 Zoning Code Chapter ! 39. Section 139-29D (2) ). ~j,~ ear: ~~ , , ~ 1: i DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET i I?,TI'ORMATION REQUEST FORM Assessing Office, 16 Broad Street, NantucKet, MA 02554 (508) 22.8-7211 APPLICANT Date Name Address City - 11 / 2 1 99 Pick-up [ ~ Red=-urn by i~a i 1 [ ] Arthur I. Reade, Jr.; Reade, Gullicksen, Hanley & Gifford, 6 Young's Way _ Nantucket State Massachusetts Phone - ( 5v8 ) 228 - 31____ L8 _ Z is SC3JEC:T PROP~:rt`i'Y ,dap ~ _ vul4 Parcel r - v4~ Robert M. and Mary L. Flanagan Owner - Address _ 6 Village Way c/ -~ ~ LLP - - u---- 55~ - _ { Fiscal Year. = TYPE OF INFORMATION ~1_ Abutter's List.__($11.00 per hour or part thereof)____[Xj a_ Board of Health--------------- " '-'[ ~ ---[ 3 = b. Conservation Commission_..____.- c. Liqu .•eals. ___jX] d_ Zoning Board- of App .._.__.. Card__..{$ 1.00: ea.) ....................---...[ ~ 2_ Property {$11.00 per hour or)_..------------ -{_] - 3. Maps....-__--. " ' 3.00 ) ---•---[ ~ a. Full Size..-($ ea_ _..-- b_ Index-___--_($i.50 ea.}_..------•-•~ ~ b. Letter Size_($0-25 ea-)-'-'-'"----~ 4. Topographic Map__($11_00 Per hour or $3.00 ea.)-------[ ~ 5_ Sales Report-----($1-OOJpage)-......__----------------[ l ($11.00 per hour or part-thereof)..--[ j 6. Other_...-------- Explain: 10 da s for processing. Payment is due upon Allow ten { ) Y return of information requested. 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