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Home My WebLink About013-14 80 Sankaty RoadTOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION pD w1 .z6 0*1-13 Fee: $300.00 m 0 k n M z -Print Form NO ry rn n a 3 m O W CZ ut File No._ 00 -11 ;,o r r - M iW ., .r lip MIA" Mailing Address: 'r '.h 3p5a W ,mot. _... kA A CVbPb+ Locus Address: i/ a Jyj�nf fi1W 'Y Land Court Plan /Plan Book & Page /Plan File Deed Reference /Certificate of Tide: Zoning District g.-L (12 p M pl(p -O) Uses on Lot- Commercial: None X Yes (describe) ResideatiaL Number of dwellings I Duplex Apartments Date of Structure(s): all pre -date 7/72 or }N*6 1pkw i%4 Building Permit Numbers: f =111!- 9.-1,1 1r 1 r- 2 Fairgmuuds Road Nantucket Massachusetts 02554 508- 228 -7215 telephom 508- 228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for. I certify that the infomaation contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Owner* SIGNATURE: Applicant /Atmmey /Agcm*Cq 51 � *I£ an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:_ / / Bg Complete: Need Copies: Filed with Town C1erkjj_ planning Board: -/ -/_ Building Dept.:_ / -/_ By:_ Fee deposited with Town Treasurer.-/_ /_ By_ Waiver requested: Granted: / / Hearing notice posted with Town Clerk:,—/ Mailed: I&M_/ / & / / Hearing(s) held on: _ /_ /_Opened on:/ / C _ ontinued to: -/-/-Withdrawn: Withdrawn: / / Decision Due By: / Made: -7- / Filed w /Town Clerk / / Mailed: / / 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 -228 -7298 facsimile Zoning Board of Appeals Eleanor Antometti, Administrator 2 Fairgrounds Rd Nantucket, MA 02554 December 19, 2013 RE: Application for a variance Property location- 80 Sankaty Road Hello Eleanor- We are asking to add dormers to a pre-existing, non - conforming structure on the property. The present location of the dwelling was approved by the issuance of a variance (file 016 -08) in June of 2008. At that time the property was also re-zoned to R -2 which is presently called SR -20. The new construction is outside of the non conformity area and no needs no further relief from setback. There is no ground cover issue with the added square footage and there is no relief necessary for that I have included old ZBA decisions and HDC approvals with this application for your files and to help facilitate the present requested relief. Please let me know if you need any further information for this to process. Thank you on clients, Kevin Werle U < Val Oliver, agent and designer Page 1 of 1 ackval62@9mail.com From: "Wendy Werle" <wewede @comcast.aet> Date: lbursday, December 12, 2013 9:40 AM To: "Val Oliver" <ackva162 @gmail.com> Subject: Fwd: 80 Sankaty Rd. Eleanor Antonietti, We give power of agency to Vallorie Oliver to sign on our behalf any necessary materials with regards to the application process referenced below. Please contact us if you have any questions. Thank you, Wendy and Kevin Werle 860 - 651 -4219 Begin forwarded message From: Marcus Silverstein < MSilverstein (cDnantucket- ma.gov> Subject: 80 Sankaty Rd. Date: December 11, 2013 8:40:22 AM EST To: "'wewerle @comcast.net"' <wewerle(ccilcomcast.net> Dear Mr. And Mrs. Werle, Your request for work at 80 Sankaty Rd. (Map# 49, Parcel# 114) cannot be processed at this time for the following reason(s): The location of the dwelling was approved by the issuance of a variance (file #016-08) by the Zoning Board of Appeals (ZBA). As such, alteration of the structure requires additional ZBA relief. Please contact Eleanor Antonietti, ZBA Administrator, at 508- 325 -7587, ext. 7010, or at eantonietti @nantucket- ma.Rov for information on how to proceed. If any person is aggrieved by the denial, an appeal may be filed with the Zoning Board of Appeals within thirty (30) days of the date of this notice. Respectfully, Marcus Silverstein Zoning Enforcement Officer Town of Nantucket 12/19/2013 Y r C m Z O C U a m 3 H O Z Z 2;E w OW cam WM 54 62 SI/ 4 ,:JAR' W O K mom api , W(D 3 2m O¢ $E" LLF E.. a ! �o do g e e _ q e' � r�• m e r w r e � V V' CERTIFICATENO: Inf?I09O / DATE ISSUED: I2 K2 Appeal to me HISTORIC DISTRICT COMMISSION, Nantucket. Mavachus ells, her a CERTIFICATE OF APPROPRIATENESS for sM1UCWralwak. NOTE:Is a tlrgl __ All banks meal be N11etl In main, BLUE OR SLACK INK (no,end, or himeed N. ards g y roc Pleas sea bMer side for submittal Irequl the ete ePollleeeNona will no be evle In oved by the lHrDtLp SUEmlllel of epPlicelbn. The is a ¢naeNUal ay eemenl and must M filled out In Ink An appllralion Is Mreby made for issuance of a Darken of Appropriateness under Chewier SBS of the Min and Resdved of Mass., 1970, M Address week as deecriMd read and on plans, broad, and pboduramobs acwmpgrryirg Ws somakeatbn end made a Cad hared by reference. The badgered lsvalk) fa thea theism date of demand Neslrmluremaydrars =;M� wetl nobelion. YOlalibe meylmpetledodmce of Cenillcate of 9" 'S� USE DESCRIPTION Date application received: al l,.Q 17US Fee PeM:s -2"2' TAX MAP Ni PARCEL N°. i1A Must be acted an by: jo StreBl 8 Number of Propose] Wdk; IB,'I!' J� ,1 EdeMed lo: ' Oxnard dddi IAYy. b./} ykyyl \IWMA Approved: else Mailing A6Rem: II- RS" X- I kA' Chairman: Es. 6t Q 0'Z Mem, memoer: Member: Notes Comments- RBabktlong- CwMlbm DEBCMP N OF WORK TO BE PERFORMED See r- for re,oned recommendation ❑New Ovrelling ❑Adilbn ❑(ape ❑OrWaway /Apron ❑Commercial ❑ Hisloicaepl H�:e.�maalim ❑pecksheM ❑Sign ❑SMtl ❑Color Skill ❑Fence ❑Oahu ❑Hardmeping ❑Make Beading ❑Dom ided 4mvvMmla waevons Carl. No rrJb La ❑ Pad S5courg Distrka_) ❑Root ❑an. Slxe o151mc1ore or AEtlllbn: Lens Bq.Fwlepe dal flwr: D dyrsi Sial ❑1 s door ❑gq tsar ofi 3q.iwle9e'bgiba:_ size: ❑lalnm ❑2nd lkcr Sq hwlpe thadde :_ Defense. bclween Bxining grade sad prcWuea nnlM goods: Not 9uum Eeal weal Hall W ridge eMVe tidal four Breda: Nor sou1M1 Eey _ Additional Remarks E Hlslwb Name REVISIONS' 1 East Elevation C 4 Shall IDIIM I ItS Opinal Data ! (dssaipa) z Scum Elevated odmnel Builder: Is there ¢n HDC dower corm far this buefig erlMlsd90 yes ❑N. a. Norte Oriented 1 FounWllm: HelgM1l Ekpoad ❑Blcck ❑ Bkckpnge OF WORK TO BE PERFORMED Ranged 11 Seek Ul ❑Pound Concede ❑Pura an eaary cherha : ❑BIMk Parpetl ❑ &Ne ltypB) ❑ dryer _ Rool Pltcr: Mein Messes 2 SamMary Mo. _JI2_ D rJI2_Bidder Rcdfin9 m.Wi: ❑ooddly: ❑SEEM ❑Arctriese l T�rcs: lleigrl: ❑ Wood Oyer: Rod Cetler. mite Carter, Sreka. ate.) Skylights plat Only): Mamfecleer G"dl ❑Wootl ❑Aluminum ❑Cropper ❑ Le9dee (door and rile): Model ❑WM1IIB radar Mlwlm Rml❑ Skis❑ -_- Trim: A. Word ❑Piro ❑Re ❑Conde ❑"41- B.Trerma l ❑Pain ❑NMUralto wme ❑Omer j C. Dimensions: Fssck Ratio garth(OkdMl Baru 1pude Flk NMMw Caging B rFems CeMnne /POau:Rwxq_Syare_ Wlndoae':OWubb HUp ❑Cemlent ❑AIIWmd QSmer ❑Tore BMtlM ughtsm uMhn), single pare, (]SOLre (Samurai BWded Lights) Marshall Doors' OWB andm."I): ❑Ta- ❑SBL Front React Me Gerpe 0.rorla): TypeT Will wNxepe mglM.ls: Ddas 0 ylalkwrya Schwan Tile F. BM1UpBea list eeuy'sn" -haws oy and woos, p9B pre terms and conditions of thus aPolMetlon. I hereby agree that th wbmission w sizlr -0er review perud _Y re Abandoned of oxrer or maN sl,menhaarcenalliehacegmv IIII ii�l +ll` �I ��, ICI � �!I_ �� _ I� �i �,li�� _� IIDi �� 1B 6�, i�� I IBC: - � -' u ��I � �� ; IIIIIIII� � IIIIIU'��1IIII� / !� R�� III II I 1 Ij�� / VIIIIIIIIIIIIIIIIIIIIIIIIIII I ��I I��, - i .:i u ' iii p � °�� = h� l�il .I',I �� - -- ��r� ��,;;,; ®a� III��:�Illl�l�l: = =� III 1• �� p � IIIIIIIII I!� _ r , , , Vii � I I � I ea ae •e -_ _ r� IuW1ulYIIW .1101 SANKATY / i es �[i me r ez s, ea n �� is gg 0 �w �S3 rE%IBiINA RCOry k M6 WALLS — Y A-j Mi IXIBiING FLWR J018i8 NC r [ 6G ::G36 3 6eR� I j'F 5 =E �R J x 0.NGR oFSISK WENDY & KEVIN WERLE -MINOR REV TO COA #60416 Po w: sos' CORNER OF ISOBEL WAY o�vm ar. w NGM�1CKEf. I'IG OABt AND 00 SANKAIY AVE on,E: Il -le-u CERTIFICATE NO DATEISSHEOS Application to the HISTORIC DISTRICT COMMISSION. Nantucket. Massachuaass. he a CERTIFICATE OF APPROPRIATENESS for anceduN work. MORE: It strongly All blend must fan filed In usurp BLUE OR BLACK INK Ina pawlp m my ketl N /A. g Y mwomnwm see oaehe ap Iloratbmr fa iliar with the HDC guidelines, Makeng with Nantucket in Mat prior to submittal of appliance. Mqulnmenb. lncwnplete applications will not be marketing! by Me N.C. This Is a mnlradual agreement and must be filled out In ink. An applltallon is hereby made for issuance of a CamordiM of Approryiateneas miler CM1AMer AS 0l Me Acts fns Bonuses of Mass., 1970, for Reposed work as described herein and an pans, tlramngs and pMmgrarow accompanying this application and made a pad herst by machines. rnenmfeate is valid mr them room from sale of issuance No Shereate may differ form Its appmvad appllcalidn. NoMlbn may heeds issuance of CeNfeab of .upon, PROPERTY DESCRIPTION Data appncaton raceivM. _ E u or _Fee mam : S TAX MAP N': !43_ PARCEL N'. 114 Mull be anleemby: Street B Number of Proposed WoA: 8M d ¢j� From. lo: Of of testae: Vry1 ^vx1N-I ILIa/IN`'W1,'I/NJ(' Apparent: L.' Unapproved: McIIIngAMress:A`- rIV26" /.I i Chehman: iJ��Tk J F T !J 3% Member CrntaciFhmre4 -mall: Member:__ .Wher,Ammor. �D Q�Y // "'s Cwnmanta- Rae biciims- Conduc003 i"IAW Cmlecl Phona� Email: A{y- 4�.�1�6I:W(.�(a( DESCRIPTION OF WORK TO BE PERFORMED See reverse Ior reputed tlwomenlatbrt ❑New Creating ❑audlim ❑Gmege ❑ DowearaylApror ❑Commercial ❑ Hbloriled Renovation ❑DecbParm ❑Sbp ❑Shetl ❑Color Chmga ❑Ferry ❑Gale ❑Hardscagng ❑shave Boiling ❑Demoflicn LJ Reviaime to Pwboe Carl. No ❑ Far Craning Maker _J i]Real 11 Other Size of Stmqure or Addition: Length Sp. Fomaga lallbm: Oeard" : Swa: ❑lellbw L12MI r Wllh: Sq. fwlage 2M hear: By C1 Is lbw 02M Pear Sg. lnolage 30 floor OlHerance MMeen exlSHng gratle and imposed llnbH 9r1'a�QQ�^Ie: NOrIM1 ./ South Eeai Weal Heigh) oln�e adova liedfinish gratle: North HIV_ Soem Eesl WeN gdtl one Reme ke Historic Name. REYISNINS_ 1, East EMVation Original Data (aaeq{Ee) - 2. South Ebvatian Original Builder: 1 3, West EMValbn Is there an HDC waver farm For this descent a1laMSd4 Ones O NIA •. Ned. EMvetbn 'Olpq on drawings And submit plploglspba of isstirg chemical, �I DETAIL OF WORK TO BE PERFORMED Foundation Heigh)ENpaed Nf OBI.k OBbhch Pmgad ❑Brkk llY➢el El Planned Concede ❑Piers Masonry Chlmnry; OOkck Parged OBrbhow) Ct4r ❑Other Rant Pitch: Mein Mesa _/12 Sdcwa' Mass 12_ Channel Differ _ Raeffri, aterial: OPSphef: 03416 0Nd'Medue1 Farce: H—: O WOad ITyPa: Red C1]eh WNla Cetlar, Shekea,ek'.I Type: englh: Skylights (flat mly): Manufacturer L'N.LA Are'Oeanlrg r'ASr Sias welbn ManulaMmr Remain Owing Swe Locelbn Ouhera: OWwt []Aluminum OCeppN OLeMers(malerbll SMewall: 0 While or ❑ Other _ Trim: A. Wood pO�ahe ORetlwmtl ❑Ceder 001hw B.Tmahrgnd i15 rest Elhi u le welher 0gher _ C. Crowbars I'm ia,_zL Raks Off_ Buy. R0AddW) Commitment IFIi FMZe W, Window Casing Ili Dom Frame ColumrelPmlc: RquM_ squa WiMow','Ib Muble Hung OCasemenl ONIWw D0 r O True DlvltlM Ligherneurrans1, single pans JiISDLb (Simmled Caked USMA.) Mankfassarer 7.iBA) Done' hi sM mMwlap: OTOL OSDL Frard & 12Py., lici{C Rear 9 Ur Pr sky kAL'L Garage Ormed): Tyfe Malarial .n.aM maMOaM: Dowewayc Walkways Walh__ ❑CIyL N(a�moeure: kMea) Frond❑ sidle❑ CMpboard tit applicable) Bash why" i Fo—akkm (I fro z it color is not lmm HOC aooroval Pa poor _�y� �".1Y11�1L Oros W�i_ F.— Burundi wady aumome an agent moth aW Ve in ap on my will to make changes in the sperforators at the plans conlalmod In this apolcafwn in order to bring the appllcao Ibn Ind numerical with me HDC guidelines. I hamby agree to adds, by and empty with the terms and coastal of this app rodarm. I hereby some Nat IM submtssbn of sort ^ap Ip cots aPp— on wllf in s 9 a new se,y CreeperM.. - ome �a_ Vim— ____ Signature of oarer of rewN___'_ sgnM usher ce^allksa cerVry loillpIIliulllll MCI ��.I Iliiillllllnali I,iii��pllII�III�I all Ifs �z. ••, �IIIIIIIIIIIIIII u E- IIIIJIIIIIIII IIIIIII!I) — i�d � ( Ilil ihliiiiiil !!llillllllllllllllllll ` —� j 1= p�nne;� u IN IIIIIIIIIiIII "" • ■ � �I 11�1I Illli�il�� ' uteri O 9� F h TOWN OF NANTUCKET z s BOARD OF APPEALS 9 NANTUCKET, MASSACHUSETTS 01554 m o � � 3 m 0 � N Date: March 19,201w- TO: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 013 -14 Owner /Applicant: Kevin C. Werle and Wendy E. Werle 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. Eleanor W. Antonietti, Zoning Administrator 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- 325 -7587. NANTUCKET BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 49 Parcel 114 Lot 4 & Lot A 80 Sankaty Road Plan Book 5, Page 14 Sconset Residential 20 (SR -20) Book 1115 Page 82 DECISION: At a public hearing of the Nantucket Zoning Board of Appeals (Board) on Thursday, March 13, 2014, at 12:00 p.m., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of KEVIN C. WERLE and WENDY E. WERLE, of 11 Old Stone Crossing, West Simsbury, Connecticut, 06092, File No. 13 -14: 1. The Applicant is requesting Variance relief pursuant to Zoning Bylaw 139 -32 to alter the existing structure by adding shed dormers and windows to this two story dwelling. The dwelling is non - conforming with respect to side yard setbacks and benefits from a previously issued Variance (ZBA Application File No. 016 -08). The proposed alterations will not increase the non - conforming setbacks. The Locus is situated at 80 Sankaty Road, is shown on Assessor's Map 49 Parcel 114, as Lots 4 and A in Plan Book 5 Page 14, and evidence of owner's title is recorded at Book 1115, Page 82 on file at the Nantucket County Registry of Deeds. The site is zoned Sconset Residential 20 (SR -20). 2. Our decision is based upon the application and accompanying materials, 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. There were no letters in favor of, or in opposition to, the application. 3. Val Oliver and Timothy McClure represented the Applicant and stated that this non - conforming structure is a single family dwelling, built in 1978, with an attached deck and steps, outdoor shower and refuse bin, and is shown on plan entitled, "Mortgage Inspection Plan in Nantucket, Ma. ", dated November 26, 2007, prepared by Blackwell & Associates, Inc., attached hereto as "Exhibit A ". The dwelling is non - conforming with respect to side yard setbacks, being sited as close as three (3) feet from the northerly side yard lot line, in a zoning district where a ten (10) foot side yard setback is required. The locus benefits from Variance relief granted in Board of Appeals Decision No. 016 -08 and recorded with the Nantucket Registry of Deeds at Book 1146 Page 272. Said Variance relief, pursuant to Nantucket Zoning Bylaw Sections 139 -32 and 139 -16, was granted in order to: (1) treat the zoning classification of the locus as R -2 (now known as SR -20) instead of LUG -3, and; (2) to reduce the side yard setback to three (3) feet to validate the location of the existing structure. The Historic District Commission has granted the Applicant Certificate of Appropriateness No. 60690 for the proposed work. Therefore, the BOARD makes a specific finding that a literal enforcement of the provisions of Nantucket Zoning By -law 139 -32 would involve substantial hardship and that the requested modification of prior Variance relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of said by- law. The proposed alterations will not result in any additional side yard setback nonconfornities to the existing dwelling, are within the buildable portion of the Property, will not increase the ground cover or the height (30 feet) of the structure, and me architecturally appropriate as determined by the Nantucket Historic District Commission. 4. Accordingly, by UNANIMOUS VOTE of the sitting BOARD, the ZONING BOARD OF APPEALS grants a modification of prior Variance relief pursuant to Nantucket Zoning By -Law Section 139 -32 allowing the construction of shed dormers and windows to this two story dwelling with following conditions: a. The existing structure and proposed improvements shall be completed is substantial compliance with plan entitled "Wendy & Kevin Werle - Minor Revisions to COA #60416 ", dated November 18, 2013, prepared by Val Oliver Design., a reduced copy of which is attached hereto as `Exhibit B b. The proposed addition of shed dormers and windows will not increase the height (30 feet) of the structure. SIGNATURE PAGE TO FOLLOW Assessor's Map 49 Parcel 114 Lot 4 & Lot A 80 Sankaty Road Plan Book 5, Page 14 Sconset Residential 20 (SR -20) Book 1115 Page 82 Dated: M&vGh (9 2014 Xcl--- ATo d COMMONWEALTH OF MASSACHUSETTS Nanmcket�ss� On the 1 day of MQI 2014, before me, the undersigned notary public, personally appeared Mickad 1) WIMP- , one of the above -named members of the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose more is signed on the preceding document, and acknowledged that he signed the foregoing instrument voluntarily for the purposes therein expressed. 62!�w-t�l0 1 Notary blic: My Commission Expires: S� LYNELL D. VOLLANS Notary Public weh '9 * commission Expires DO- -bet 28, 2018 I`URRENT ZONING CLASSIFICATION: ONLY ORGINWY STANPED AND Ui KM Use Genwl 3 (LU,G. -3) EXISTING: MOBBED COPIES OF THIS PUN SHML BE 400OWLEDGED BY MINIMUM LOT SIZE 120,000 S.F. 14,4 OJBSX.. THE MRNEYING ONU SURVEYOR, MINIMUM FRONTAGE: 200 PT. SEE PLAN FRONT YARD SETBACK: 35 FT. SEE PLAN REAR %SIDE SETBACK: 20 FT.- SEE PLAN G NO COVER R : 3fe ++ $49 f ➢.7 'LOT OF RECORD UMR=1,500 S F -tI II ws.+ ,., 5'2 24 s�r s%b N/F SANKATY HEAD GOLF COURSE REFFUNSE a pp W /SEMrs I.P Ik I? (OUTDOOR 4 SHCY.ER s1 t 1100 W/ F, m aeat 929 i. $d m:1 t p STEPS PERGOLA ll I 1 STY 9 IN p W9 S�S R 5325 µl 5 H RI�EE VEVlA ISOBEL'S WAY GO QAWROMORTGAGE INSPECTION PLAN 3, IN ...... ... .. AND NO DINERS NANTUCKET, MA I CE ,,10 TIZ BEST W MY NNWIB MAT TIE ZERO!; SHOWN ARE IAWIED N ROOD TVUVRT LONG SCALE: 1'= 30' DAT&11/26/07 X., , OELINEAiO M F1.RK / SOB IIY PANB NUMBOF PSO 0T ...4 . 0, BY TT'E FRIEIUL DWner f, CAjF J(G, RUEGNCY UDEBENT 43ORDO EFFECTIVE DATE M P.F.12 -F MWS: JUNE 3, JM6 AND AS PERIEUXLY REVISN. BK:S PG:14 THIS INSPECTION PION WAS PREPORED FOR WRIGAOE PUR,POSTS PORTION OF ONLY AND IS HOT TO BE CONSIDERED A FUL NSIRUMDT SI1ReEY. D- d /C9rt: BF%2N PS'i X49 Plan: . ROTS+ A. 4C.4. . THIS PON SHORD NEiBE. Ucm un `u PBOPfP1Y UNfS FENCES, HEDGES OR ANY WfiI STRUCTURES ON ME FIRMSE.S. Tv Map: 49-1.1.4. LOUR.: #$Q $ANKAT(.RD. THE PROPERN LINES SHOWN RELY ON CURRENT DFRU AND PUNS OF HIS NGFIF ION PUN IS NOT A CFRIIII DM AS TO ME TILE OR BLAC%BBLL & ASSOCIATES, Inc, OWNESSIP OT ME PROPERTY SHOWN OWNERS Of ADJGNDIG PRWERDES P fpg imam Lend SvAvga N SHOVIN >MUROINC To CURRENT TOWN OF NURUCUEI ASSESSOR 20 Townwe Circle moms, PUN SH41 NOT RE 15EO MR !NY OTHER PURPOSE OTHER 1X9N INS PO Nantucket, k(assuhluetts 02564 PS BITHIM WE STAIFD ABTE (508) 288 -9026 86967 NOi TO BE gEWRDFS E-xH izz ti A 3AVAIMINVS O9 ONV re%o v�cerxuno�+ w:xe w.wm AVM 13SOSI JO MUDO naasa m.i�w w.. Q =,.n amps 91h098V00 O1 ABU HONIW 3lH3M MMA V AOMM a• II� r� I-OR � LEA i mu... , I, • sll�ll.l— L rt Bk: 1421 Pg: 29 Page: 1 of 7 Doc: DEC181001/211201409:20 11 1 COPY c 141 JI o2a N TOWN OF NANTUCKET ZONING ADMINISTRATOR V JAN 2 l luib NANTUCKET, MASSACHUSETTS 02554 BY ` Date: December 20, 2013 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No: Owner /Applicant: Eeyin C. Werle and Wendy E. Werle Enclosed is the Decision of the Zoning Administrator which has this day been filed with the office of the Nantucket Toms Clerk. An Appeal from this Decision to the Zoning Board of Appeals may be taken Pursuant to Nantucket Zoning Bylaw Section 139- 29.C.(3) Any action appealing the Decision must be brought by Filing a notice of appeal, specifying the grounds thereof, with the Town Clark, pursuant to Nantucket Zoning Bylaw Section 139- 29.C.(6) Z o Eleanor Weller Aatoait:L T Zoning Admini9trator � O m cc: Tomn Clerk p 'o Building Commissioner /Zoning Enforcement officer 3 rn Z O n W r co m co TOWN OF NANTUCKET NANTUCKET ZONING ADMINISTRATOR 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 49 Parcel 114 - Lot 4 & Lot A 80 Sankaty Road Plan Book 5, Page 14 Sconset Residential 20 (SR -20) Book 1405 Page 273 DECISION: - - 1. Upon review of the application submitted by the Applicants for the above - referenced property, it was determined by the Zoning Administrator that pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(3)(a), the proposed alteration to the structure does not increase the nonconforming nature of said structure. .< 2. The Applicants are proposing to alter the existing structure by adding shed dormer windows to this two story dwelling. The proposed additions.are within the buildable portion of the Property and will not increase the setbacks, ground cover or the height (30 feet) of the structure. Therefore, the additions will not create any new non - conformities. The structure is a single family dwelling with attached deck with steps, outdoor shower and refuse bin, and is shown on plan entitled, "Mortgage Inspection Plan in Nantucket, Ma- ", dated November 26, 2007, prepared by Blackwell & Associates, Inc., attached hereto as "Exhibit A ". The dwelling is pre - existing non - conforming with respect to side yard setbacks, being sited as close as three (3) feet from the northerly side yard lot line, in a zoning district where a ten (10) foot side yard setback is required. The locus benefits from Variance relief granted in Board of Appeals Decision No. 016 -08 and recorded with the Nantucket Registry of Deeds at Book 1146 Page 272. Said Variance relief, pursuant to Nantucket Zoning Bylaw Sections 139 -32 and 139 -16, was granted in order to: (1) change the zoning classification of the locus from LUG -3 to R -2 (now known as SR -20), and; (2) to reduce the side yard setback to three (3) feet to validate the location of the existing structure. The Historic District Commission has granted the Applicants Certificate of Appropriateness No. 60690 for the proposed work. 4. Therefore, because the proposed alterations, shown on the plan entitled, "Wendy & Kevin Werle - Minor Revisions to COA#60416 ", dated November 18, 2013, prepared by Val Oliver Design., and attached hereto as "Exhibit B ", will not result in any additional side yard setback nonconformities, the Zoning Administrator finds that the proposed work will not increase the nonconforming nature of the structure and will not be substantially more detrimental to the neighborhood. SIGNATURE PAGE TO FOLLOW Assessor's Map 49 Parcel 114 80 Sankaty Road Sconset Residential 20 (SR -20) Lot 4 & Lot A Plan Book 5, Page 14 Book 1405 Page 273 okzt.— L,/— Eleanor Weller Antonietti Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, as. DcNR W192013 On this 20"' day of December 2013, before me, the undersigned Notary Public, personally appeared 6U ILK04 WtlGue 4#11 s4ilW . whoispersonallyknown 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. Notary Public: - - _ My commission expirE: LYNELL D. VOLLANS Notary Public IV Commonw ohh of Mauadwseth My Ccmmbsien Expl- 1 CERTIFY THAT 20 DAYS HAVE ELAPSED AFTER December 28, 2018 THE DECISION WAS FILED IN THE OFFICE OF THE TOWN CLERB,.AND THAT NO APPEAL HAS BEEN FILED, PURSUANT TO GENERAL LAWS 40kSECTION H t .);^. `; % i. coo JtC X00 aP� -CURRENT ZONING CLASSIFICATION: ONLY ORIM4LY SEANPED AND ' Limited Uee General 3 (LU.G.-3) EXISTING: ENDORSED C➢PI6 OF iF115 FIAN SHALL BE OliSFDG11 BY MINIMUM' LOT SIZE 120,000 S.F. 14,430±S.F. ME CERODWG UND SUBvEYOR. MINIMUM FRONTAGE 200 FT. SEE PLAN FRONT YARD SETBACK: 35 FT. SEE PLAN REAR /SIDE SETBACK: 20 FT.- SEE PLAN GROUND COVER R : 3R•. 65R t /.7 "LOT OF RECORD. LIMB =1,500 S�TB II /0Ay/r 3/b 49 -2 NSF _ SANKATY HEAD GOLF COURSE REFUSE 2 B N Q 9E CK ' i W STEPS CO HHF Lu a I`"' tmat UTDOO R U IS SHOWER H 3ai ILCO XW/FNG !!I 2 RI PERGOLA ECK %STS g Ttt.s s W STY CT9F a STRUCTURE 3251 FRSI ELLWA n ISOBEL'S WAY a ga AWH➢RD. O GPSBARRO.IiI u NP.6)169 H (q0 sm"B MORTGAGE INSPECTION PLAN WELLS . sna6o- , . -, ra......... ... IN AND NO OTHERS. NANTUCKET, MA CIXI ,, ro THE EEST OF MY OW IWUDGE MAT THE PRDIffs SHOWN ARE UOCAIED IN ROOD (WARD ZONE SCALE: 1'= 30' DATF-11/26/07 X .. DEIJNEAM AY FUME / COMMUNITY PANEL xl BIR asoBBD ...4.. D, BY NE FEDERAL owner. ANN.— C3W?LOM KRA= EMERSNEY MNUGTiIEM AGENCY. EFFECB E RATE CF- .1JVNG. P.F.12 —F . NIPS K:S JUNE 3, 1966 MD AS PUMMIGVLY AEYSED. B PG: THIS INSPECTION PUN WlS PREPARED FOR MORTC,AGE PURPOSE PORTION OF ONLY ANO IS NOT TO BE CONSIDERED A FULL INSTRUMEM SURVEY. Deed /CaftPK -244 M. X49 Plan: .4071i F. 4:.4; . THIS PLAN SHOULD NOT BE USED TO MARI1% PROPEktt UNES u FENCES, HEDGES OR PAT ANCILLARY STRUCTURES ON THE PREMISES Tax Map: .48- 1.1.4. Locus #?Q.$AN1KA7Y RD: THE PROPERTY WKS SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS INSPECTION FLAN IS NOT A CERMQ% ON AS TO THE MILE OR BLACS9MLL B,' ASSOC%ATS'S. Tae OWNERSHIP aF DIE PROPERTY SHOWN OWNERS OF ADJOINING PROPERTIES }OfB6{Oa IAA ME SHOWN ACCORDING TO CURRENT TOWN OF WNNCQT ASS RECORDS 20 Teesdale Circle MIS PLM SHVL NOT BE USED FOR AM OTHER PURPOSE OTHER THAN Nasdleakef. YaJanwhvsetts 02554 ITS IMENDED ME STATED PB]VE (506) 226 -9026 - B6967 NOT TO BE RECORDED E-Y, N is i Im n3an -e 3n VSINd ONE O�:A9 "Mtltl� AYMl3HOSHO H3NN00 s0 4413XJILLNOX / -° /� s 9 L409 #VOO Ol A3U LIONIW' 31d3M NVM $ AON3M "�ma xenno Trn Im �emcw anw wane exam .� -.w� ar✓�e S N Q� z m 0 d 3AV ALVNHVS 09 ONV . AVM- SSOSIHO IAMHOO 9 HIOUVOO Ol A3H HONIW- 31H3M NVM4VAON3M aaao nu'�atwm .soc wa oa �xsa csvio mn a- Q 0 d 0 a a- ayi:�da 3AVAIVANVS 084NV AWS808I d0 H3Ntl00 �c oa oa Q ,wig arvas 9LYO9fpV00 Ol A3fi NONIW 31k13M NIA3)1'3 AON3M Q Q LL U � N z 0 m Y n m �= d Q� a 8 III ®a® E$ wao° �a3ns °°d I O' r O� LL mil wursam � — �s\rnm� ' € °2 Bk: 01146 Pg: 272 Bk: VA Pg: 272 Page: 1 6 Doc: : VAR 07/1712008 02:18 3 PM - :v TOWN OF NANTUCKET 130ARD OF APPEALS � a NANTUCKET, MASSACHUSETTS O255ea Date; 'Tuna 25 ,2008 To: Parties in Interest and.0there concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 016 -08 Owner /Applicant: Kevin C. Merle and Wandy B. Werle Enclosed is the Decision of the BOARD OF APPEALS which has this day bees 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 Dacision 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 coax of the Deaiaiea must B. ei...a t. th. Tewa cloak ae as to be received within such TWENTY (20) days. Michael 0. O'Mara, Chairman Oct 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 ODRSTIONS, PL2"m CALL Tam = rmCEET 6ONINO Boa OF APPEALS OFFICE AT 508- 228 -7215. Bk: 01146 Pg: 273 NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 49, Parcel 114 80 Sankaty Road LUG -3 DECISION: Plan Book 5, Page 14 Lots 4 & A Deed, Book 1115, Page 62 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, May 9, 2008, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of KEVIN C. WBRLE AND WENDY B. WERLS, it Old Stone Crossing, West Simsbury, Connecticut 06092, File No. 016 -08: 2. Applicant is seeking Special Permit relief pursuant to Zoning Bylaw section 139 -33A (pre - existing nonconforming lots), or in the alternative Variance relief pursuant to Zoning Bylaw section 139 -32 (Variances). Applicant is seeking Variance relief from Zoning Bylaw section 139 -16 (Intensity Regulations) to reduce the rear yard setback from five (5) feet to three (3) feet to validate location of the existing structure (single family dwelling with attached deck with steps, outdoor shower and refuse bin), to reduce the front yard setback from thirty -five (35) feet to thirty (30) feet to validate the location of the existing garden shed, and to increase the ground cover from 1,500 square feet to 1,803 square feet. In the alternative, the applicant is Seeking Special Permit relief from Zoning Bylaw Section 139 - 16(C)2 to validate the unintentional setback intrusion no closer than four (4) feet to the north lot line and allow Applicant to modify the outdoor shower and refuse bin siting. The site is located at 80 Sankaty Road, is shown on Nantucket Tax Assessor's Map 49 as Parcel 114, is shown in Plan Book 5, Page 14, and applicant's title deed is recorded at the Nantucket County Registry of Deeds in Book 1115, Page 82. 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. There was no opposition or support from the public presented at the public hearing. 4. As presented by counsel at the public hearing, the applicant requests to have the intensity benefits of the R -2 zoning district. The applicant noted that in order to re -zone his property, the appropriate avenue would be through a Town Bk: 01146 Pg: 274 Meeting. in order to expedite the process and receive substantially the same results, the applicant is instead requesting zoning relief. The applicant presented various documents (building permits, ZBA decisions, maps) that indicate the locus was incorrectly classified as R -2. Part of the applicant's desire to reclassify the property as R -2 pertains to the nature of this property and the zoning classification of the abutting properties. The applicant submitted a GIB image showing the two zoning districts in the applicant's neighborhood. The first image showed the applicant's parcel relative to the R -2 zoned parcels to the south and east of his lot and the LUG -3 zoned parcels above his lot. The applicant, and those parcels abutting the applicant to the north, are zoned LUG-3 and are owned by Sankaty Head Golf Club. The applicant is one of the few residential properties in Siaeconset not to be zoned as R -2. Because of the location of the property, the applicant contended that owing to the circumstances related to the conditions of the land and structures, a literal enforcement of the provisions of Nantucket Zoning Bylaw Section 139 -32 would involve substantial hardship and .desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of said bylaw. The Board considered these arguments and was persuaded by counsel for the applicant and the images illustrating the location of the zoning districts relative to the applicant's property. - S. Based upon the location of the property and the zoning classification of the abutting properties, the Board of Appeals made the finding, by UNANIMOUS vote, that a literal enforcement of the provisions of Nantucket Zoning Bylaw Section 139 -32 would involve substantial hardship and desirable relief may be granted without substantial detriment to the public good and without nullifying.. or substantially derogating from the intent or purpose of said bylaw. By the same UNANIMOUS vote, the Board GRANTED the requested Variance relief pursuant to Nantucket Zoning Bylaw Section 139 -32 pursuant to Section 139 -16 to reduce the rear yard setback from five (5) feet to three (3) feet to validate location of the existing structure (single family dwelling with attached deck with steps, outdoor shower and refuse bin) and to reduce the front yard setback from thirty-five (35) feet to thirty (30) feet to validate the location of the existing garden shed, with the following condition: Bk: 01146 Pg: 276 a) The existing structures and improvements on the property remain in substantial compliance with the Mortgage Inspection Plan, prepared by Blackwell and Associates, Inc., dated November -26, 2007, attached hereto as Exhibit A. Dated: June jW,, 2008 COMMONWEALTH dune OF MASSACHUSLTIS Nmiacktt ss. 2008 , Do this jYdspof June, 2008, before me, the mdm*wd Nomry PubH% per for vahmtmly NPheµ/ Myw®ssionevfin: yyf wrl 1 CERTIFY THAT 20 DAYS HAVE ELAPSED AFTER .IITU THE DECISION WAS FILED IN THE OFFICE OF THE p' t` .m(..r,,[' • - ' TOWN CLERK, AND THAT NO APPEAL HAS BEEN ;+' •t �: °,s�'•z� :� -,� FILED.PUR LAWS IW2% ON II WNCLERN JUL 17 2008 n".NMMM 6WN CLELE RK 3 4 %F�fiTF�D.e ,, Bk: 01146 Pg: 276 p Genaral 3 (LO.G. -3) EXISTING Sm M AMOgMID® By 7T SIZE 120.DDO S.F. - 14,430.*S.F. TIE Collm VM Raw iONTAGE: 200 FT. SEE PUN P SMACK- 35 FT. SEE PLAN SMACK: 20 FT.• SEE PUN OR LOT OF RECORD 1 •7 (CORD. LWIT -1,500 S.F. 48 -2 ! N/F SANKATY HEAD - GOLF COURSE REFUSE F] BN isps W .IIK; 1N a I ,r ri7s� T,1;R µ 1 ILCO $1:1 t p PERGOLAS . w/S�S I -I i STY w�srFas� gj �S.F [RSINELLA I I ISOBEL'S WAY 7 /•' 1pw. FARGO ............... I ... AND N0 0 I MLR . TO lfa: 067 OF W WORM THU RE ir,r(Q, jff "D .INSPECTION PLAN IN NANTUCKET, MA SCALE Y= 30' DAX- 11/26/07 Omm dNN- GfW:YDTIB .41UNG: KMM. . P.F.12 -F MS PG74 Deed /CatANZ6Q P6. 74a Plan: .414PNB * . E Tax Yap:.4a -L1.4. Lw= #0Q.WKM .RD: a BUCMMM R ASSOMMS, ft FPamFS AVWKmd L41 d S—VFM DR E0 Teasdde Cutts vm Nmtuckek Massachusetts 02554 (8e6) M- 0te B6967 a' a� XN e� �It S S MINIMUM LCT _:Z: '2C,-'CG S.F. 0 3 MINIMUM FRONT -.::E: 200 FT. c _ -_ -�.. PLAN 3D FRONT YARD SETBACK: 35 FT. SEE I REAR /SIDE SETBACK: 2C FT.* SEE PLAN 5� GROUND COVER % : 3 %— 615% t TT • 10 FT. FOR LOT OF RECORD p'7 V' I 12.15 IF "'LOT OF RECORD. LIMIT =1,500 S.F. E- - lTD 36.27± ISOBEL' S 49 -2 N /F ANKATY HEAD GOLF COURSE L:IU ifEIS 3, FARGO .......... .... AND NO OTHERS. BEST OF NY KIMEDGE, THAT TIE 1{ '�` ('.GED M RAC NQw ZONE - ARE .r PAW ONLY ORIGINALLY STAMPED AND ENDORSED COPIES OF THIS PLAN SHALL BE ACKNOWLEDGED By THE CERTIFYING LAND StJMOR. I• I ILi GAGE ORT INSPECTION PLAN IN NANTUCKET, MA SCALE: 1 °= 30' DATE:11 /26/07 -- 0 3 m s I - i STY 3 W/F a �'- STRUCTURE -' 325±S.F. V' I E- WAY I ILi GAGE ORT INSPECTION PLAN IN NANTUCKET, MA SCALE: 1 °= 30' DATE:11 /26/07 -- r z;:'- "x)mte UMWNWEAlax.Oe1kuSSACHUSCns Nantucket Y --_- -_ -BOARD OF APPEALS :rbi .. Date: October S. - :D86 Cenifaateof0nni naoh4adanCeerStYCia lP it (Oeoaai Laws Caapta 4GA, Section 11) The Board ofappea4 oftheary, orTOwnof Nantucket herebyarti(fes that aiaese.at Special Permit buhaograted To James G. Tyler (105 -86) Address c/o Ileadt and Alger. Box 2669 Cityor Town Nantucket affecting the rightsofthe ownerwith aspect to land or buildings at 80 Sanitary Read. . 8laee1o1ns9e.t1.l144Portion of Lot, A d 4 P1 e k p C Pe =csaid Board of A said ppeW further anifies that the decision attached hereto 4atrue and correct copy of in decision granting said "mace -- special permit, and that copies of said decision, and of an plans referred to in the decision, have been riled with the planning board and theckyortownclork The Board of Appeals also a0s to the Creation of the owner or app0cant that General Laws, Chapter 4BA, Section I I (ICt paragraph) provides that no vai oomeripaial feted, or any U. tension, modification or renewal thereof, shat rake effect until a copy of the decision bearing the - certification Of the town or city clerk rhu twenty days have elapsed after the decision has been filed In the office of the city or town clerk and no appeal has been filed or that, if such appeal has been BIN, that It has been dismissed or dcdd, 4 recorded in the registry of desds for the Ramey and district in which the land Is located and indexed in the grantor index under the name of the owner of mend or 4 recorded and noted an the owner's artifiate of this. The fee for such ressr- ding or registering shall be paid by the owner, or appNan Gr w...... 6CGa 260 r cA44 TOWN Or NANTUCKET BOARD OP APPEALS NANTUCKET, MASSACHUSETTS 03556 DECISION, In the Better of the application of JAMES 0. TYLER nos '861, at a Meeting of the BOA" OF APPEALS, hold at 1130 P.M, aN Friday, October 3, 1986, at the Town and County Building. Nant%Qkat, the Board enter, the following Decision and makes the following _ findinga, 1. This is-An application for a SPECIAL PERMIT granting �! relief par. Nantucket Code 8139.37.) (Rate of Development). If granted. the Applicant would be relieved from the terms and Conditions of a covenant entered into by the Applicant pursuant to the provision, of Nantucket C060 8139.37.!. The Premises are located at 80 SANTATY ROAD, SIASCONSET, portion of Lots A and 6. Plan Book S. Page 16 (Assessor's Parcel 69 -116). and are zoned RESIDENTIAL•2. 2. Used upon the application and the materials and testimony presented at the public hearing. the Board finds that the Applicant acquired the premises on March 3. 1981. On October 15. 1981, the Applicant entered into the so- called residency covenant running in favor of the Tern of Nantucket. This Covenant was recorded _ with Nantucket goods on October 15. 1961 in Such 186, Page 108. By its !eras, the covenant remains in full force and offset for a ""k period of nut less than five years from the date of issuance of an occupancy permit for the dwelling constructed and occupied pursuant to the covenant. On the basis of the Covenant, the Page 1 of 3 e=F 2601::345 • Applicant was issued a building permit for the construction of a dwelling upon the Promises. no Applicant constructed a dwelling In accordance with said permit and, as of June 1. 1983, began occupying said dwelling as his year -round residents. She Applicant had all necessary inspection. made of the dwelling during its construction, but througb some oversight, no certificate of occupancy, was Leaned by the Building bapartment, and the building permit card was lost.: in September. 1986. the Applicant reapplied for, and received, a cortificate of occupancy for the dwelling upon the Premisssi The Applicant and his family are leaving Nantucket for personal and financial reasons. The Applicant has two shall children and has received a business opportunity which will provide him and him family with greater financial stability than is available on Nantucket. In addition. the Applicant's elderly mother has been 111, and the Applicant would like to It" closer to her to provide family support. 3. No opposition to the application was presented at the public hearing. e. no Board could find no basis for granting relief at the peasant time. However, considering that the Applicant completed tonstruttion of the dwelling and began occupying it as his year -round ! residence as of June 1, 1983. the Board finds that it would be! Inequitable to have the covenant run for a period of five years from September, 1986. Considering the elements of personal and financial hardship presented at the public hearing, no Beard finds that Prospective, relief from the terms and conditions of the covenant is earrantea. Page 2 of 3 Cip 260 f3Afi • Applicant "a issued a building permit for the construction of a dwelling upon the premiums. The Applicant constructed a dwelling in accordance with amid permit and, as of June 1, 1983, began occupying said dwelling as his year -round residence. The Applicant had all necessary inspections made of the dwelling during its construction, but through soma oversight, no certificate of occupancy was issued by the Building Department, and the building permit card we lost. to September, 1986, the Applicant reapplied for, and received, ■ certificate of occupancy for the dwelling upon the premises: The Applicant and his family Are leaving Nantucket for personal and financial reasons. The Applicant has two small children and has received a business opportunity which will provide him and his family with greater financial stability than to available on Nantucket, in addition, the Applicant's elderly author has home ill, And the Applicant would lib to live closer to her to provide family support. 3. No opposition to no application was presented at the public hearing. a. The Board could find no basis for granting relief at the present time. However, considering that the Applicant completed construction of the dwelling and began occupying St es his year -round amsidenge 48 of Juam It 1983, the Board finds that it would be!' inequitable to have the covenant run for a period of five years from September. 1986. Considering the elements of personal and financial hardship presented at the public hearing, the Board finds that prospective relief free the terns and conditions of the covenant is warranted. Page t of 3 facA 260 rAr.14i1 S. roe tde rmaeona got forth above. the BOARD Or ApPEALB heraby oRWW no Applicant prespeetivo relief from the terms and condition, of the covenant, to take effect as of June 1. 1988, granting relief fees and kermineting Said ooVSmnt ee of said date, by a SPECIAL pE MIT, by a @UNIMOUS VOTE. Dated, October 9. 1986 Nantucket, MA 02554 W ff am S. harms 61w�l�oifi / /�. - Dorothy D. o ana . Mesa Se a s` lwrrw u4'• liif Ti�rw JIB IgpIFYn W A Wv5w.4E E4P5fpMplixF p[rypf� ARM MA ME1rF1[[Of niFiINMCLfMil AR0t1Ni aSMplwAMfvf PEtWxJ TO %' am fl 9IN. rowxcURK �'ffi4Ni is, /Is MANMKCr C00" Nazd,V d and Cn and NO V 0 31986 11:17#-m - Nepisfa j Page 3 of 3