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Home My WebLink About028-10 Far Greater Folly, LLC i _'c..~ C-:. .,,;"-- . -" 0 , / ::t::> LJ ;:0 ~ -0 :'V 0 -" TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 APPLICATION Fee: $300.00 File No. )~ -10 Owner's name(s): Far Greater Folly, LLC Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP Phone Number: 508-228-3128 E-Mail: air@readelaw.com Applicant's name(s): Same Mailing Address: 6 Young's Way, Post Office Box 2669, Nantucket, Mass. 02584 Phone Number: E-Mail: Locus Address: 73 Squam Road Assessor's Map/Parcel: 13-11 (part) Plan and Lot Reference: Plan 2008-82, Lots 6A and 3B Title Reference: Deed, Book 1203, Page 26 Zoning District LUG-1 Uses on Lot- Commercial?: No If yes, describe Residential: Number of dwellings on lot Two Number of dwelling units Two Duplex? Accessory Apartments? Date of Structures: all pre-date 7/72? Yes If not, when built? Building Permit Numbers: Previous Zoning Board Application Numbers: 061-06; 088-07; 011-08; 017-10 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile F:\WpB\BewkGs\73 Squam\ZBA App Hay 201.0.d.ocx State below or attach a separate addendum of specific special permits or variance relief applying for: The applicant requests a new Special Permit under Nantucket Zoning By-law ~139-33.A, for the alteration of a pre-existing nonconfo~ing use, modifying the Special Pe~it issued in File No. 061-06, as modified by the decisions in Files Nos. 088-07 and 011-08, in order to obtain approval for a different footprint and design for the proposed new dwelling as approved in those decisions, in accordance with the site plan prepared by Emack Surveying dated March 8, 2010, filed herewith. The decision in File No. 061-06 approved the demolition and reconstruction of one of the two single-family dwellings upon the locus without loss of the condominium status of the locus; the decision in File No. 088-07 approved the alteration of lot lines under Nantucket Zoning By-law ~139-33.A(8) without changing that project; and the decision in File No. 011-08 approved a minor change in the proposed replacement dwelling. The proposed new dwelling will comply with all dimensional requirements of the By-law. The applicant is the successor in title to Squam Head, LLC, the applicant in Files Nos. 088-07 and 011-08. 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: By: Far Greater Folly, LLC ~:((f!!L Owner* Applicantl Attorney I Agem* OFFICE USE ONLY Application received on:_1 _1_ By:_ Complete:_ Need Copies:_ Filed with Town Clerk_I _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_I _I _ Mailed:_1 _I _ I&M_I _I _ &_1_1_ Hearing(s) held on:_1 _I_Opened on :_1_1_ Continued to:_1 _I _ Withdrawn:_1 _I _ Decision Due By:_1 _I _ Made:_1 _I_Filed w ITown Clerk_I _I _ Mailed:_1 _I _ 2 Fairgrounds Road Nantucket 508-228-7215 telephone Massachusetts 508-228-7298 facsimile 02554 F:\WpB\:8awkes\73 Squa.m\ZBA App May 2010.cloex Easy Peel labels Use Avery@ TEMPLATE 5160(11: ft1 \, LiL" Squam Associates c/o David M. Roby 7 Bliss Ln Lyme, NH 03768 Scacrest LLC c/o Timothy E. & Elizabe Quinlisk 55 Hicks Point Road Duxbury, MA 02332 Terence D. & Marion W. Martin 2 Greglen A v PMB 69 Nantucket, MA 02554 E. Garrett Bewkes, III 774 Hollow Tree Ridge Rd Darien, CT 06820 Squam Associates c/o David M. Roby 7 Bliss Ln Lyme, NH 03768 Seacrest LLC c/o Timothy E. & Elizabe Quinlisk 55 Hicks Point Road Duxbury, MA 02332 Terence D. & Marion W. Martin 2 Greglen A v PMB 69 Nantucket, MA 02554 E. Garrett Bewkes, III 774 Hollow Tree Ridge Rd Darien, CT 06820 Etiquettes facHes a peler Utilisez Ie qabarit AVERY@ 5160@ A I JLFeecl Paper ~f See Instruction Sheet :: ~. for Easy Peel feature 1 . ~AVERV@5160@ 1 ~;.i; Thomas C. & Jo Ann Succop, Trs 711 Devonshire Street Pittsburgh, PA 15213-2905 Squam Head LLC c/o Emily Ross 11450 SE Dixie Highway Ste Hobe Sound, FL 33455 Squam Head LLC c/o Lucille Keegan 11450 SE Dixie Hgwy Hobe Sound, FL 3455 Jan & Lotte Leschly 66 Aunt Molly Rd Hopewell, NJ 08525 73 Squam Road Map 13, Parcel 11 Set -I- of Two One page total Thomas C. & Jo Ann Succop, Trs 711 Devonshire Street Pittsburgh, PA 15213-2905 Squam Head LLC c/o Emily Ross 11450 SE Dixie Highway Ste Hobe Sound, FL 33455 Squam Head LLC c/o Lucille Keegan 11450 SE Dixie Hgwy Hobe Sound, FL 3455 Jan & Lotte Leschly 66 Aunt Molly Rd Hopewell, NJ 08525 73 Squam Road Map 13, Parcel 11 Set -k of Two One page total .... Sens de chargement William G. Spears, Trst Thalassa Trust 14ih East 48th Street New York, NY 10017 Squam Head LLC c/o Emily Ross 11450 SE Dixie Hwy Ste 203 Hobe Sound, FL 33455 Victor E. & Muriel A. Gatto 17 Rosemary St Needham Heights, MA 02492 Arthur 1. Reade, Jr. Reade, Gullicksen, Hanley & Gifford, LLP PO Box 2669 Nantucket, MA 02584 William G. Spears, Trst Thalassa Trust 14ih East 48th Street New York, NY 10017 Squam Head LLC c/o Emily Ross 11450 SE Dixie Hwy Ste 203 Hobe Sound, FL 33455 Victor E. & Muriel A. Gatto 17 Rosemary St Needham Heights, MA 02492 Arthur 1. Reade, Jr. Reade, Gullicksen, Hanley & Gifford, LLP PO Box 2669 Nantucket, MA 02584 Consultez la feuille d'instruction www.avery.com 1-800-GO-AVERY TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 -iz 0):;> ==E -.... :z ::~ . - o :::u "11 May 24, 201&-: ::x ~ N 00 Date: ::g N N To: Parties in Interest and Others concerned with the Decis~n The BOARD OF APPEALS in the Application of the following: fT" :J.:" of Application No: 028-10 Owner/Applicant: FAR GREATER FOLLY, 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 within such TWENTY (20) days. ~tmd !1~tX.- (~) ~chael 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 13, Parcel 11 (part) 73 Squam Road Limited Use General-1 Plan No. 2008-82 Lots 6A and 3B Deed, Book 1203, Page 26 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, May 13, 2010, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of FAR GREATER FOLLY, LLC, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 028-10: 2. The applicant requests a new Special Permit under Nantucket Zoning By-law ~139-33.A, for the alteration of a pre- existing, nonconforming use, modifying the Special Permit issued in File No. 061-06, as modified by the decisions in Files Nos. 088-07 and 011-08, in order to obtain approval for a different footprint and design for the proposed new dwelling as approved in those decisions, in accordance with the site plan prepared by Emack Surveying dated March 8, 2010, a reduced copy of which is attached hereto as Exhibit A. The decision in File No. 061-06 approved the demolition and reconstruction of one of the two single-family dwellings upon the locus, which has been declared as the Squam Head Condominium (the "Condominium"), constituting Unit 2 of the Condominium, without loss of the validity of the condominium status of the locus; the decision in File No. 088-07 approved the alteration of lot lines under By-law ~139-33.A(8) without changing that project; and the decision in File No. 011- 08 approved a minor change in the proposed Unit 2 replacement dwelling. The proposed new dwelling will comply with all 1 dimensional requirements of the By-law. The locus is situated at 73 Squam Road, is part of Assessor's Parcel 13-11, is shown upon plan recorded with Nantucket Deeds as Plan No. 2008-82 as Lots 6A and 3B, and is situated in a Limited Use General-1 zoning district. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation, on the basis that no matters of planning concern were presented. Except for the presentation by the applicant's representatives, there was no support nor opposition presented at the public hearing. 4. The history of this matter is presented above, in Paragraph 2. The applicant has purchased Unit 2 of the Condominium since the prior decisions of the Board of Appeals. It proposes, as did the prior owner, to demolish and reconstruct a single-family dwelling within the exclusive use area dedicated to Unit 2 under the Condominium's Master Deed and plans, with the new dwelling complying with all dimensional requirements of the By-law; however, the new dwelling as proposed differs from that referenced in the decision in File No. 011-08. Relief in this situation is required because the validity of the condominium status of the locus is dependent upon there having been two dwellings upon the locus prior to the adoption of the Nantucket Zoning By-law in 1972. Regardless of the differences in the proposed structure, and provided that it conforms with all dimensional aspects of the By-law, there is no conceptual difference between the present proposal and those approved by the Board's prior decisions affecting the locus. 5. Accordingly, by unanimous vote of the sitting members, the Board of Appeals made the finding that the proposed alteration to the pre-existing nonconforming use of the locus as a condominium, by demolition and reconstruction of a dwelling constituting Unit 2 of the Condominium, would not be substantially more detrimental to the neighborhood than the pre- existing nonconforming use, and granted the requested relief by Special Permit, subject to the following conditions: (a) The new dwelling shall be sited substantially in accordance with its location upon Exhibit A (it being acknowledged that the driveway access to the new dwelling may be relocated, as mentioned by the applicant's representatives at the public hearing) i and (b) substantially The new dwelling shall in accordance with the plans be constructed approved by the 2 Nantucket Historic District Commission in its Certificate of Appropriateness No. 54,897. SIGNATURE PAGE TO FOLLOW 3 Dated: M~,n , 2010 K rim Koseatac/1 ~... k ?'-.- M k Poor / ;l.-Z& Qsan McCar Nantucket, ss. COMMONWEALTH OF MASSACHUSETTS 11~~t20l0 ,2010, before me, the undersigned Notary Public, personally appeared , who is personally known to me, and who is the person whose or attached document, and who acknowledged to me that he/she signed it voluntarily ~~~ /'J. Notary Pu~C: Ven"...J;r.K.. - \OIlY..! My commission expires: t/l.Vt--J.r ~ ~J"'" 4 lJIl__ 1lIl 'LI ... Zz 0..... ..... ~~ u<U) ~rilE-< ll.ll.E-< ~ll.ril <U) 0 ><~::r: ~o~ '3 ll.~U) ~::!!~~ >.$ "" oo::!! dl~ u Uo:l . ~~ <O~ ~ ~2Su It.. Zo ~ ~OE-< ~:~ ll.::r:z E-<E-< 30 ;s ll.E-< "" dl \ ..~ YA '" ~~ ,I,~ ..~ " -- " .eX: '3 8 ..\ H ,1.,4- l!l "YJ, H ::::.. ::c " >< ril o o ~ N -l >- -l -l o u.. 0::: W f- <X: w 0::: c..? 0::: <X: u.. 0::: o LL o '0 w LO 0::: II <X: 0.. ~ W 0.. ;i, U Vl 00 :r: u a:: <( ~ I:! <( Cl ,..., ""'c co .Q;:; ....0 0", "'c C:l :10 0.... .... ....... .s!.~ ....... .... L..~ .g L..L.. 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