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HomeMy WebLinkAbout033-12 190 Cliff RoadFee: $300.00 Owner's name(s): D O s—+ � N -j —i C TOWN OF NANTUCKET N rn BOARD OF APPEALS ° 3 m NANTUCKET, MA 02554 M w -J APPLICATION File No. T53 -12 Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP 6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584 Phone Number: 508 - 228 -3128 E -Mail: air @readelaw.com Applicant's name(s): Whitney A. Gifford, Trustee of 190 Cliff Road Nominee Trust Mailing Address: Same Phone Number: Same E -Mail: Same Locus Address: 190 Cliff Road Assessor's Map /Parcel: 40 -23 Land Court Plan 9455 -P, Lot 34; /Plan 2009 -38, Lots B -1.1 and B -1.2 Certificate of Title: No. 19584; also deeds, Book 1306, Page 257, and Book 1306, Page 276 Zoning District Limited Use General -1 Uses on Lot- Commercial: None Yes (describe) Residential: Number of dwellings' Two Duplex Apartments Date of Structure(s): all pre -date 7/72 No or Building Permit Numbers: Previous Zoning Board Application Numbers: 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508- 228 -7298 facsimile F: \shared \wpN \Newton \190 Cliff Road \8 Application for 5 -12 zevi,ed.do= State below or attach a separate addendum of specific special permits or variance relief applying for: See attached addendum. 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: WhitngA. Gifford, as Trustee of 190 Cliff Road Nominee Trust Owner* BY= // SIGNATURE: 1. v Appheaft t /Attorney /Agent Art ur I. Reade, Jr. OFFICE USE ONLY Application received on:—/—/— By: Complete: Need Copies: Filed with Town Clerk:—/—/— Planning Board:_ /_ /_ Building Dept.:_ /_ /_ By:_ Fee deposited with Town Treasurer:_/_/_ By: Waiver requested: Granted:_ /_ /_ Hearing notice posted with Town Clerk: _ /_ /_ Mailed:_ /_ /_ Hearing(s) held on:—/—/— Opened on Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:—/—/— Made:_ /_ /_ Filed w /Town Clerk:_ /_ /_ Mailed:_ /_ /_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 -228 -7298 facsimile F: \shared \NpN \Newt0n \190 Cliff Road \ZRA Application £or 5 -12 revised.doex ADDENDUM TO APPLICATION OF WHITNEY A. GIFFORD, TRUSTEE OF 190 CLIFF ROAD NOMINEE TRUST The locus and the present structures upon it pre -exist the upzoning of the district in which it is situated from Residential -2 to Limited Use General -1, which took place in 2006. The lot area of the principal lot is 42,869 square feet; two additional strip lots were acquired by the applicant from the Town under the "yard sale" program on December 22, 2011. The total area of the locus, including these additional lots is 46,903 square feet. The existing structures consist of a principal dwelling with ground cover of 2,720 square feet; a secondary dwelling /garage structure with ground cover of 765 square feet; and a pool cabana with ground cover of 161 square feet; for a total ground cover of 3,646 square feet, for a ratio of about 7.770. Accordingly, the locus became nonconforming as to ground cover by virtue of the ZUUb zoning change, and thus has pre- existing, nonconforming status. The applicant now proposes to construct an addition to the principal dwelling, containing 288 square feet of ground cover; since this will increase the pre- existing, nonconforming ground cove upon the locus and affects a single - family dwelling, the applicant requests relief by Special Permit under Nantucket Zoning By -law §139- 33.A(4), for the extension of a pre- existing, nonconforming structure without creating any new nonconformity. Also, the applicant proposes to demolish the existing cabana and replace it with a new cabana with ground cover of about 136.5 square feet, thus reducing ground cover of that structure by about 24.5 square feet. The new cabana is proposed to have an attached unenclosed porch, not over or under any enclosed interior space, with about 369.5 square feet, which would be excluded from ground cover calculation under the definition of "ground cover" in By -law §139 -2. However, the Zoning Enforcement Officer has ruled that the cabana structure would contain 504 square feet in ground cover and thus would increase the already -pre- existing ground cover and would require relief from the Board of Appeals; a copy of his ruling, dated March 15, 2012, is filed herewith. Therefore, the applicant appeals from the decision of the Zoning Enforcement Officer, and asks the Board of Appeals to rule that the porch does not contain ground cover and thus that the replacement of the cabana will actually reduce ground cover and accordingly needs no relief. In the alternative, the applicant requests relief by Special 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508 -228 -7298 facsimile F: \shared \1ttpN \Newton \190 Cliff Road \ZH Application for 5 -12 — ised.d- Permit under By -law §139 -33.A for the alteration, by demolition and reconstruction with addition, of the cabana, an accessory structure to the pre- existing, nonconforming single - family dwellings on the locus, or a Variance from the ground cover requirements, in order to authorize the proposed work upon the cabana as described herein. 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 -228 -7298 facsimile £: \shared \NpN \Newt \190 Cliff Road \ZB Application for 5 -12 revised. do= March 15,201? 190 Cliff Road Nominee Trust Whitney Gifford, Trustee P.O. Box 2669 Nantucket, MA 02504 Tetepl %one J30& -325 -7578 Fa-r- 508-325-7579 Dear Mr. Gifford, Your request for work at 190 Cliff Rd. (Map# 40, Parcel# 23), has been denied for the following reason(s): The proposed construction of a 504- square foot cabana will increase the already pre- existing, nonconforming ground cover for the property. As such, the proposed work requires relief issued by the Zoning Board of Appeals. I tt lzave any questions regard' this notice please call, fax or visit. le 4 lly, Mat`L�"ilverstei n Zoning Enforcement Officer Town of Nantucket Please be advised that an appeal of this denial may be filed within 30 days of this notice with the Zoning Board of Appeals pursuant to §139- 31.4(?) of (lie Town of Nantucket Zoning Code. 0,./04!2012 09:37 FAX 5082285630 READS CULLICKSE X001 � ro r Town of Nantucket ZoninZ'Board of Avpeats RECEIVED BOARD OF ASSESSORS APR 0 4 2012 TOWN OF NANTUCKET, MA LIST OF pART1ES ?N rNTMEST IN THE MATTER OF THE PETITION OF: PROPERTY O1VNEI .... � yte /,,f . > : , .� cio Re� er Gullicksen, Hanl.ev+.. &..,�f '�r1. ILII`.G ADDRESS.. jc�un s Way f CIan�ta� ket f�r�, LLr PROPERTY. LOCATION ............ X I (,) . 4 � - ASSESSOR MARIPARCEL .............. "?Wo SLSMITTEM B'Y.. I?ead,e, t;ullicksen, HarLle� & Gifford SEE ATTACHED PAGES I cert#fy that file foregoing is,,. list of all persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abetter,, of the abutters and alt other land owArners within private feet of the property line of owner's property, as they appear on the most recent applicable th able ta�c list (M.G.L. c. 40A, Section t l arad Zoning Code Chapter 40A, Section 139 -29B (2). % � 1 DAT ASSESSOR'S OPF'I' E TO N OF NANTUCKET 0 0 �-1 O b w M N Z U n C7 H H E En H 0 H au H E E o�v z z n t @m@ U Z n m s 4j a 0 x u oa c� g qq w w w a w w jww[yy w u (y [G M a M H N N N H H H H N M Oo 10 v Fi Uu u N m a H rl I m 1n 10 m m r U N .� m N H N N N o m O N v o Ifl 111 v O O N N m� N N N O 1!1 N T H b h O N N 111 v O 1n N N m N r N N N 0 N N N O O N 0 0 0 rl 0 0 0 H N O 9999IR �9999A9 �z El 0R� �o Pl v In U yH 11 H v El rW� F a IL F E N N IIIO CG m u7 0 o w� o � w a oa Ia w � w w 1n b b f7 O\ O a o o N 00 r m .+ tL d 111 m .� F N a e°+ 0 q p� °a G F N o 0 U U F H N H N F E d y p El 11 0 0 y a a w a E4 P FW W F a. N WQQ O D U R W x rl N m r r1 N v N ul O O O 111 b r 10 - N N N N N rl •i rl rl b b b v a W . 0 0 0 0 0 0 S v v v s v c v a v v v v v H 4 ro w I N O m r, 0 N Town of Nantucket R. L. Wiessmann Trst etal 16 Broad St 1 Green Briar Cir Nantucket, MA 02554 Newtown, PA 18940 Sally V. Siebold Alison Sweet Zieff, Trst c/o Town Motors Maxey Pond Rd Nom Trust PO Box 8159 c/o 775 Mill Creek Rd Englewood, NJ 07631 Gladwyne, PA 19035 -1546 9 Maxey Pond Realty LLC Nantucket Conservation 1 Avery St, Apt. 14C Foundation I Boston, MA' 02111 -1023 PO Box 13 Nantucket, MA 02554 Patricia Abramson & Leste Silverman 3005 0 Street NW Washington, DC 20007 Town of Nantucket 16 Broad St Nantucket, MA 02554 Sally V. Siebold C/o Town Motors PO Box 8159 Englewood, NJ 07631 9 Maxey Pond Realty LLC 1 Avery St, Apt. 14C Boston, MA 02111 -1023 Patricia Abramson & Leste Silverman 3005 0 Street NW Washington, DC 20007 Philip L. & Linda L. Juliano 17 Wannacomet Rd Nantucket, MA 02554 190 Cliff Road Map 40, Parcel 23 Set 1 of Two R. L. Wiessmann Trst etal 1 Green Briar Cir Newtown, PA 18940 Alison Sweet Zieff, Trst Maxey Pond Rd Nom Trust c/o 775 Mill Creek Rd Gladwyne, PA 19035 -1546 Nantucket Conservation Foundation I PO Box 13 Nantucket, MA 02554 Philip L. & Linda L. Juliano 17 Wannacomet Rd Nantucket, MA 02554 190 Cliff Road Map 40, Parcel 23 Set 2 of Two Barbara S. Daley c/o Paul Daley 4 Battery WF Unit 4611 Boston, MA 02109 -1400 Robert M. Paine 300 E 75th St. , Apt. 5B New York, NY 10021 Andrew B. & Sarah W. Williams 520 Plymouth Rd Blue Bell, PA 19422 Whitney A. Gifford Reade, Gullicksen, Hanley & Gifford, LLP Post Office Box 2669 Nantucket, MA 02584 Barbara S. Daley c/o Paul Daley 4 Battery WF Unit 4611 Boston, MA 02109 -1400 Robert M. Paine 300 E 75th St., Apt. 5B New York, NY 10021 Andrew B. & Sarah W. Williams 520 Plymouth Rd Blue Bell, PA 19422 Whitney A. Gifford Reade, Gullicksen, Hanley & Gifford, LLP Post Office Box 2669 Nantucket, MA 02584 Q 0 LL LL. 0 r 0 W Z r u m � N s i � `` •aro2 Y1� o I yi z � s At 4t Ix \ ,. IL d, e N ft V OPO � m N GO V VP m ? 1-2 4 Tc i3 X6. ce$ ° m g• '^X gym« .. _rc A g e s N 3 ^ p om `o W: O Y = Q 2 NtNO 1�D .oj r 04 K ?�nL\H F W nT Af N� ry°i Y Y Oft 6 Y^ Nf` tiq /N� (i 4 el NIQ i°� J C ni Y II ff of fO AMC yy 0 •1�1 a,p G p m.. O. d G oo'^o: ell im uj tOP V` r a O LL. LL. CpJ U Z O w z o E1 p o� �� NN 4 4 z x �Zyg �A �R u= N 0 0 J O a a LL LL V O Z Q m a V COMM J Nil 'six a m< I � I I ti \ t� EU 1 1 � 1 � 1 1 � 1 1 1 1 1 I 1 i 3 � Z N \ \ 0 p a :i VA W x H u 0 Rt V� W i 4r: Y E r- \ x t tit. a i I � I I ti \ t� EU 1 1 � 1 � 1 1 � 1 1 1 1 1 I 1 i 3 � Z N \ \ 0 p a :i VA W x H u 0 Rt V� W i �i I■ Z �a t Z i g d� V a m< �z $Y. 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Parcels updated January 1, 2011 CURRENT ZONING CLASSIFICATION: Limited Use General 1 (L.U.G. -1) xi in g: MINIMUM LOT SIZE: 40,000 S.F. 46,903 S.F.t (LOTS B -1.1; B -1.2 & 34) MINIMUM FRONTAGE: 100 FT. SEE PLAN FRONT YARD SETBACK: 35 FT. SEE PLAN REAR /SIDE SETBACK: 10 FT. SEE PLAN GROUND COVER %: 7% 7.77% t LOT AREA '0 A� LOT B1.1 2,339 S:F.t 6i3 LOT B1.2 1.695 S.F.± 128' LOT 34 42,869 S.F.t TOTAL 4 6, 9 S.F.± i �C r � d EXIST. 1 STY 1 36 �, W/F CABANA 2� Q00 161 S.F.t \ IX A 0 ROADWAY 40 -22 0 EXIST .��' 'y T. EASEMENT 192 CLIFF ROAD � JACUZZI NOMINEE TRUST O 2 —A /C DEED BK. 1306, PG. 270 \ *9 O\\ UNITS PLAN No. 2009 -38 �8 LOT B -1 \� EXIST. 1 112 STY. W/F STRUCTURE ! ?� o 765 S.F.t A o �G A!� o1,cy = O�G� 0 P Jai �41,, CY0 'x o EASEMENT 40-25.3 �� \ / DOC. 194258 SALLY V. SIEBOLD •(M OF Mq O 20 -24 NIF CERT. 1!16329 del SS9 KARALEX NOMINEE L.C.C. 8852 -5 LOTS 31 & 32 JEFFREY L. N pRluEwaY CERT. (/TRUST /. T. 23507 BCACKWELt . m -4 I ! °s L.C.C. 9455 —P O No.35388 -~ C.C. DOC. y9 °r o °, LOT 35 V Ao_ s`� y (89771 PO? _�`� _ ■ DENOTES CONCRETE BOUND FOUND ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY STAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. THIS INSPECTION PLAN WAS PREPARED TO ACCOMPANY AN APPLICATION TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR RECORDS. THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN ITS INTENDED USE STATED ABOVE. © Blackwell & Associates Inc. V: \DRAWFILES \85036 \ZBA.dwg 4/19/2012 8:29:51 AM EDT Existing Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Mass. SCALE: 1 "= 50' DATE: APRIL 19, 2012 Owners: 190. CLIFF ROAD_ NOMINEE .TRUST 1306/276 2009 -38, LOT B -1.2 Deed Bk./Pg.:1306/257 Plan: 2009 -38, LOT 6-1.1 Cert. of Title.: 19584. Pion: L.C.C. 9455 —P, LOT 34 Tax Map — Parcel: 40 -23, . • , . • , , . Locus: . 190 CLIFF ROAD BLACKWELL & ASSOCIATES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228 -9026 WITHDRAWAL FORM Print For z n z ^� ° ^' C= n C- C Z � M ca c7) M z 3 M D TOWN OF NANTUCKET M BOARD OF APPEALS CD NANTUCKET, MA 02554 File No. 032 -12 Map 30 Parcel 155 APPLICANT(S): Third Point, LLC UPON THE REQUEST OF THE APPLICANT(S) MADE: PRIOR TO X AFTER PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE ABOVE CAPTIONED APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS: THE WITHDRAWAL: ACKNOWLEDGE AS A MATTER RIGHT AND WITHOUT PREJUDICE X APPROVE WITHOUT PREJUDICE APPROVE, BUT WITH PREJUDICE X IN FULL OF THE SAID APPLICATION OF SO MUCH OF SAID APPLICATION AS: 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 033 -12 Owner /Applicant: WHITNEY A. GIFFORD, TRUSTEE OF 190 CLIFF ROAD NOMINEE TRUST 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. Edward S. Toole, 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 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 40, Parcel 23 Certificate of Title No. 19584; Deeds, Book 1306, Page 257 and Book 1306, Page 276 Limited Use General -1 DECISION: Land Court Plan 9455 -P, Lot 34; Plan 2009 -38, Lots B -1.1 & B -1.2 190 Cliff Road 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, May 10, 2012, at 12:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of WHITNEY A. GIFFORD, as Trustee of 190 CLIFF ROAD NOMINEE TRUST, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 033 -12: 2. The applicant /appellant is requesting Special Permit relief pursuant to Nantucket Zoning By -law §139- 33.A(4) (alteration of pre- existing nonconforming structures) in order to extend the pre- existing nonconforming structure upon the locus without creating any new nonconformity. The applicant /appellant is also appealing the ruling of the Zoning Enforcement Officer that the proposed 369.5 square foot unenclosed porch on the pool cabana constitutes ground cover as defined in By -law §139 -2 (definitions) of the By -law. The locus contains 46,903± square feet in lot area, and accordingly is conforming with minimum lot area of 40,000 square feet in this Limited Use General -1 ( "LUG -1 ") zoning district; however, the existing improvements upon the lot, with ground cover ratio of about 7.70, which conformed with the ground cover ratio of 12.50 which was in effect in the Residential -2 ( "R -2 ") zoning district in which the locus was formerly situated, became pre- existing nonconforming structures when the locus was placed in the LUG -1 district, in which the maximum ground cover ratio is 7%. The applicant /appellant is proposing to construct a 288 square foot addition to the principal residence, demolish the existing 161 square foot pool cabana, and replace the pool cabana with a 136.5 square foot cabana having an attached 369.5 square foot unenclosed porch, having no enclosed space above or below it. In the alternative, the applicant /appellant is requesting Variance relief under By -law §139 -32 from the intensity regulations under By -law §139 -16 as to ground cover requirements for the proposed work. The locus is situated at 190 CLIFF ROAD, is shown on Nantucket Assessor's Map 40 as Parcel 23, consists of Lot 34 on Land Court Plan 9455 -P and Lots B -1.1 and B -1.2 on plan recorded with Nantucket Deeds as Plan No. 2009 -38, with title held by the applicant /appellant under Certificate of Title No. 19584 and deeds recorded with Nantucket Deeds in Book 1306, Pages 257 and 276, respectively, and is situated in the 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. Apart from the presentation by the applicant /appellant's representatives, there was no support nor opposition presented in person or by correspondence at the public hearing. 4. As presented by the applicant /appellant's representatives, the locus was formerly situated in the R -2 zoning district, in which the existing structures were conforming with ground cover ratio and all other dimensional zoning requirements, with considerable additional ground cover available. The 2006 upzoning to LUG -1 rendered the locus nonconforming as to ground cover ratio, however. The applicants /appellants propose to construct an addition to the single- family principal dwelling, which would increase the already- nonconforming ground cover ratio but would conform to all other dimensional zoning requirements. Because this constitutes the alteration to an already- nonconforming single - family dwelling without creating a new nonconformity, which will intensify the pre- existing nonconformity, approval for the alteration can be made by special permit if the Board of Appeals finds that the alteration may be made without being substantially more detrimental to the neighborhood than the per - existing nonconformity. 5. The Nantucket Historic District Commission ( "HDC ") has issued a Certificate of Appropriateness, No. 55261, approving the proposed alterations to the principal single- family dwelling. The 288 - square foot ground cover of the addition is modest compared to the size of the lot and the structure, and no opposition has been received. Based upon these facts, the Board of Appeals, by unanimous vote, made the finding that the proposed addition would not be substantially more detrimental than the pre- existing ground cover ratio nonconformity of the dwelling. 5. As to the pool cabana, the applicant /appellant's representatives demonstrated that the portion of the structure which would be open on its sides except for supporting members would constitute an unenclosed porch, and accordingly that under the definition of "ground cover" under the Zoning By -law is to be excluded from the calculation of ground cover ratio. Accordingly, the Board of Appeals found by unanimous vote that the ruling of the Zoning Enforcement Officer that this portion of the structure would constitute ground cover was error. In fact, the proposed alteration of the pool cabana by demolition and reconstruction will reduce the ground cover of that structure. The proposed work upon the pool cabana has also been approved by the HDC, under Certificate of Appropriateness No. 57412. The Board of Appeals therefore found that the alteration of the pool cabana by demolition and reconstruction as proposed would not be substantially more detrimental to the neighborhood, and in fact, since a reduction in ground cover would be achieved, would be beneficial to the neighborhood. 6. Accordingly, by unanimous vote, the Board of Appeals took the following action: (a) Granting relief by Special Permit to the applicant for all of the proposed work as described herein as shown on the plan entitled, "Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Mass. ", dated April 18, 2012, prepared by Blackwell & Associates, Inc., attached hereto as "Exhibit A "; and, (b) Sustaining the appeal from the ruling of the Zoning Enforcement Officer that the open portion of the pool cabana would constitute ground cover. SIGNATURE PAGE TO FOLLOW Dated: �W I � , 2012 S an McCarthy COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. 11 U I 1 '2012 On this da of , 2012, before me, the undersigned Notary Public, personally appeared 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 tha h 'she signed it voluntarily for its stated purpose. f'u�lic. My commission expires: IMP (y rt 4 - CURRENT ZONING CLASSIFICATION: 40 -22 0\\.UNITS Limited Use General 1 (L.U.13. -1) 192 CLIFF ROAD NOMINEE TRUST ?� Existing: Proposed: MINIMUM LOT SIZE: 40,000 S.F. 46,903 S.F.t 46,903 S.F.t MINIMUM FRONTAGE: 100 FT. SEE PLAN SEE PLAN FRONT YARD SETBACK: 35 FT. SEE PLAN SEE PLAN REAR /SIDE SETBACK: 10 FT. SEE PLAN SEE PLAN GROUND COVER %: 7% 7.77% t 8.34% t r b Vl � 2A1 40 -25.3 N/F SALLY V. SIEBOLD CERT. //16329 L.C.C. 8852 —S LOTS 31 & 32 ■ DENOTES CONCRETE BOUND FOUND Ro AD PROPOSED i C+4SW 136.5 S.F.& 55.7f_ o� 0 \ I y1 a PROPOSED UNENCLOSED PORCH 0 336 SF.& T. 0h� EXISO b JACUZZI 0 2 —A /C 40 -22 0\\.UNITS N/F 192 CLIFF ROAD NOMINEE TRUST ?� BK. 1306, PG. 270 <ROADWAY AN No. 2009 -38 LOT B -1 40 -25.3 N/F SALLY V. SIEBOLD CERT. //16329 L.C.C. 8852 —S LOTS 31 & 32 ■ DENOTES CONCRETE BOUND FOUND Ro AD PROPOSED i C+4SW 136.5 S.F.& 55.7f_ o� 0 \ I y1 a PROPOSED UNENCLOSED PORCH 0 336 SF.& T. 0h� EXISO b JACUZZI 0 2 —A /C PROPOSED 0\\.UNITS 8DSF& EXIST. 1 112 STY. W/F ?� STRUCTURE / 765 F. t o o S. ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY STAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. THIS INSPECTION PLAN WAS PREPARED TO ACCOMPANY AN APPLICATION TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY UNES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR RECORDS. THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN ITS INTENDED USE STATED ABOVE. Q Blackwell & Associates Inc Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Mass. SCALE: 1"= 50' DATE: APRIL 18, 2012 Owners: 190 CLIFF ROAD NOMINEE TRUST 1306/276 2009 -38, LOT B -1.2 Deed Bk./Pg.:1306/257. Plan:2009 -38, LOT B -1.1 Cert. of Title.: #19584. Plan: L.C.C. 9455 —P, LOT 34 Tax Map — Parcel: . . . 40 -23. . . . , . . . . Locus: . . . . . ,190 CLIFF ROAD. . . . . . _ V: \DRAWFILES \B5036 \ZBA.dwg 4/18/2012 10:09:39 AM EDT BLACKWELL & ASSOCIATES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228 -9026 EASEMENT DOC. J94258 0 / � 20 -24 N F NOMINEE KARALEX DRIVEWAY �/ TRUST CERT. 923507 EASEMENT L. C. DOC. 59 oT sop, L.C.C. 9455 —P //89771 0' gyp, ew LOT 35 ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY STAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. THIS INSPECTION PLAN WAS PREPARED TO ACCOMPANY AN APPLICATION TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY UNES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR RECORDS. THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN ITS INTENDED USE STATED ABOVE. Q Blackwell & Associates Inc Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Mass. SCALE: 1"= 50' DATE: APRIL 18, 2012 Owners: 190 CLIFF ROAD NOMINEE TRUST 1306/276 2009 -38, LOT B -1.2 Deed Bk./Pg.:1306/257. Plan:2009 -38, LOT B -1.1 Cert. of Title.: #19584. Plan: L.C.C. 9455 —P, LOT 34 Tax Map — Parcel: . . . 40 -23. . . . , . . . . Locus: . . . . . ,190 CLIFF ROAD. . . . . . _ V: \DRAWFILES \B5036 \ZBA.dwg 4/18/2012 10:09:39 AM EDT BLACKWELL & ASSOCIATES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228 -9026