HomeMy WebLinkAbout19-16 12 Pond View Drive town
Town & County Buildir:;.
16 Broad St
Nantucket, MA 02554
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $450.00 File No. /916
Owner's name(s): John Udelson
Mailing address: 49 Union Park, Unit 3, Boston, MA 02118
Phone Number: 508-228-0771 E-Mail:John @gliddenandglidden.com
Applicant's name(s): Same
Mailing Address:
Phone Number: 508-228-0771 E-Mail:John @gliddenandglidden.com
Locus Address: 12 Pond View Drive Assessor's Map/Parcel: 81/9
Land Court Plan/Plan Book&Page/Plan File: Lot 10, LC Plan No. 36550-C, Sheet 2
Deed Reference/Certificate of Title: 25177 Zoning District: LUG-2
Uses on Lot- Commercial: No Yes (describe)
Residential: Number of dwellings: 2 Duplex Apartments
Date of Structure(s): Pre-1972, 1984, 2004, 2007
Building Permit Numbers:
Previous Zoning Board Application Numbers: N/A
State below or attach a separate addendum of specific special permits or variance relief
applying for:
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: Owner*
SIGNATURE:
Applicant/At .ey/Agent*
*If an Attorney or other Agent is representing the Owner or the Applicant,please provide
a signed proof of agency.
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:_/_/_
I&M_/_/_&_/_/_Hearing(s) held on:_/_/_Opened on :_/_/_
Continued to:_/_/_Withdrawn:_/_/ Decision Due By:_/_/_
Made:_/_/_Filed w/Town Clerk:_/_/_Mailed:_/ /_
Exhibit A
The Owner/Applicant, John Udelson(hereinafter referred to as "Udelson") is the
owner of 12 Pond View Drive ("the Premises") by virtue of Certificate of Title No.
25177. Applicant is requesting Variance relief pursuant to Nantucket Zoning Bylaw
Section 139-32 from the intensity regulations in Section 139-16 to validate the ground
cover of the existing structures which have been in their same location and have not been
altered since 2007.
The Premises, a lot containing approximately 80,298 square feet in the Limited
Use General—2 zoning district, contains four structures: a single-family dwelling, a two-
story garage/studio, a shed, and a secondary dwelling. All of said structures were duly
permitted and received Certificates of Occupancy from the Building Department. Said
Certificates were all issued upon a duly-licensed survey.
In August 2004, the then-owner, Greg Bourbeau, applied for a building permit to
modify the existing garage. Said building permit application is attached hereto as Exhibit
B. As indicated on page 3 of said application,the ground cover of the principal dwelling
is 1,706 and the ground cover of the existing garage will be 580. This corresponds with
the ground cover of the principal dwelling as shown on the site plan from February 2004,
which is attached hereto as Exhibit C. However, upon Exhibit C, the square footage of
the existing garage is 667 square feet. As part of the work done in Exhibit B, a
renovation was made to reduce this 87 square feet of ground cover of part of the
conversion of the garage use to office use.
In 2007, a Certificate of Occupancy was issued for the building permit referenced
in Exhibit B. Said Certificate of Occupancy is attached hereto as Exhibit D. Said
Certificate of Occupancy was issued in part due to the site plan provided to the Building
Department by John J. Shugrue, PLS, dated May 9, 2005, which shows the location of the
583 square foot garage, a 95 square foot shed (which has a Certificate of Occupancy
attached as Exhibit E), and a primary dwelling with 1,692 square feet of ground cover.1
Said plan from Mr. Shugrue is attached hereto as Exhibit F.
In August 2007, a building permit was applied for to add a secondary dwelling to
the Locus. Said application is attached hereto as Exhibit G. As evidenced on page 3 of
Exhibit G,the principal dwelling has a ground cover of 1,692 square feet, the secondary
dwelling would have a ground cover of 935 square feet, and the garage/studio has a
ground cover of 583 square feet(note: the 95 square foot shed is exempt from ground
per Nantucket Zoning Bylaw Section 2 and therefore does not count towards the
maximum allowable ground cover on the Locus). This meant that the total ground cover
on the Locus would be 3,210 square feet when the maximum allowable was 3,211.96,
which is 4% of the lot area of the Locus. These numbers were relied upon per the plot
' Please note the discrepancy in ground cover between 2004 and 2005. It does not appear as though there
were any alterations to the primary dwelling that would account for this 14 square-foot difference. It may
be that the overhangs were not included in the 2004 survey or that surveying equipment improved over the
course of a year.
plan in Exhibit F from 2005 showing the ground cover and location of the renovated
garage and shed.
Said secondary dwelling was completed in 2008 and a Certificate of Occupancy
was issued in November 2008 (Exhibit H). This Certificate of Occupancy was issued
based upon the survey dated October 22, 2007 prepared by Outermost Land Survey, Inc.,
attached hereto as Exhibit I. Per the Exhibit I, the ground cover of the structures is as
follows: the garage/office has a ground cover of 505 square feet; the primary dwelling
has a ground cover of 1,725 square feet, and the secondary dwelling has an existing
ground cover of 934 square feet for a total ground cover of 3,164 or a ground cover ratio
of 3.9%, which is less than the maximum ground cover ratio allowed in the Limited Use
General—2 zoning district. Based upon the information provided in this survey, a
Certificate of Occupancy was issued.
In 2014, Udelson took title to the property and in 2015 applied for a building
permit to construct a pool and appurtenant decking. Said work did not add any ground
cover, but a survey was completed in order to close-out this permit. Said survey,
prepared by Nantucket Surveyors, attached hereto as Exhibit J, shows a Locus with
structures over the allowable ground cover for a property in the Limited Use General—2
zoning district.
The largest discrepancy in the plans in Exhibit I and Exhibit J is the calculation of
the ground cover of the garage/studio. The most recent survey shows a ground cover of
585 square feet (which corresponds with the 2005 Shugrue Survey), whereas the 2007
survey shows a ground cover of 505 square feet. The two surveys also show a
discrepancy in the ground cover of the primary dwelling of nearly 50 feet.
Per Massachusetts General Laws Chapter 40A, Section 7:
"no action, criminal or civil, the effect or purpose of which is to compel
the abandonment, limitation or modification of the use allowed by said
permit or the removal, alteration or relocation of any structure erected in
reliance upon said permit by reason of any alleged violation of the
provisions of this chapter, or any ordinance or by-law adopted thereunder,
shall be maintained, unless such action, suit or proceeding is commenced
and notice thereof recorded in the registry of deeds for each county or
district in which the land lies within six years after the commencement of
the alleged violation of law."
Because the structure was constructed with the benefit of a building permit—and
received a Certificate of Occupancy—and no action to force the removal, alteration, or
relocation of the structure was taken within the six years since the issuance of the
building permit relative to the violative work, and therefore the structure is deemed
protected.
Accordingly, although the structures upon the Locus are protected from removal,
alteration, or relocation to comply with the intensity regulations of the Zoning Bylaw, the
structures are deemed noncompliant because they violate the intensity regulations of
ground cover. Therefore, the Applicant is requesting Variance relief pursuant to
Nantucket Zoning Bylaw Section 139-32 from the intensity regulations in Section 139-16
to validate the ground cover on the Locus of approximately 3,292, per Exhibit J. This
results in a ground cover ratio of 4.1%where the maximum allowable ground cover ratio
is 4% in the Limited Use General—2 zoning district.
a..- .. p., . tIcitivii. b
- _, 'r',
,.,. :--.
1j • .fC BUILDING PERMIT NUMBER
t >; , ' , I ,
T r 1 ,, ;-_ f AUG `2�' + l APPLICATION FOR
'`v'G .' �Q� ?J04 BUILDING PERMIT
,W: zondAi(Ke,�r
IMPORTANT - Applicant to complete arfi?V ms in Sections: 1, 2, 3, 4, and 5
1. OWNERS NAME (print): /3.67UR 6e4L! 4.Po¢r
LOCATION Last First Middle Initial
OF /2 /' 'o W/ W .c702/(/. --.
BUILDING No. Street
Assessor's Map No. $/ - Assessor's Parcel No. O7
2. TYPE AND COST OF BUILDING -All applicants complete Parts A-E ,
A. TYPE OF IMPROVEMENT B. OWNERSHIP D. DIMENSIONS
O New Building 0/Private Dimensions of Structure - -
2/Addition 0 Public • - First•Floor Area: 5740= 4EXI ST/,t/.
O'Alteration Second Floor Area:576 t A/eel
O Repair, replacement C. COST Third Floor Area:
0 Demolition TOTAL COST OF IMPROVEMENT Total Floor Area: .676 t :Au?
O Moving • 236,42Z? Full Cellar Area:
E. PROPOSED USE - .
Residential Detail scope of work by floor& provide the
square footage.
❑��e Family •
e/Studio .4f3odCy,ot.‘-ya" 'xl377.y9 lf,o.Qer$ ze 2. ' C'avvM• '7 / /3,47-
❑Two or more family- Enter
number of units ape DpA-ice U.SC= - 2,5e 5F.
O Hotel, Motel, Dormitory
enter number of units reE/Awed �)e-<ST/ / A✓,o 2.u0 Fz,e26;.2
0 Second Dwelling d Ze4 ,R S7.-efo O asS 4,//'YY4 J-7%
0 Garage
O Pool /ii/•T.tGL- S7;4, 5 70 ZSlr> Z.4X�.4 /BUG
0 Other-Specify_ '-Z- : g 1 2411'4 t/9g
3. SELECTED CHARACTERISTICS OF BUILDING For new buildings and additions,complete Parts D-N
for Demolition,complete only Part 1.,for all others skip to 4.
F. PRINCIPLE TYPE OF FRAME H. TYPE OF SEWAGE DISPOSAL K.ACCESSORY HEAT SOURCE
Wood frame 0 Public No. of fireplaces
❑ Other- Specify "Private (septic tank, etc.) No. of Wood Stoves
Other:
I.TYPE OF WATER SUPPLY
G. PRINCIPLE TYPE OF HEATING 0 Public
O Gas 0 Electricity 0 Private(well) L. RESIDENTIAL BUILDINGS
❑ Oil ❑ Heat Pump Number of Bedrooms
J. SMOKE DETECTORS
l=1 Other Specify Number of Bathrooms
P y No. of Detectors
Full Partial
See Plan for Location
'3. Continued
M. ENERGY CONSERVATION Type Thickness R Value
Foundation or Floor insulation FC'/!f iU J17/v
Wall Insulation 177 3% ('" /5- 2/
Ceiling or Roof Insulation /47T cg/Z 4 .�
Window Glazing: Insulated Glass ✓ Double Glass Storm -
Doors: Insulated Yes ✓ No Weatherstripped: Yes ✓ No
Percentage of Window Area to Wall Area:
N. STRUCTURAL CHARACTERISTICS OF BUILDING
Applicant is required to submit complete structural framing plans with application due to the complexity of the structure, if the
following information is insufficient for proper plan review.
Foundation .a,1(sST/AV ' -
Footing size: Footing reinforcing:
Wall material: Wall thickness:
Wall height: Wall reinforcing:
AIR 0/ Pier or column size: 3�L' Ldi7 Pier or column spacing: /2/0‘-
Pier or column tooting size: 3 x3X /Z`' Pier or column reinforcing: -afit saas 6'0.6 s3
No. of crawl space vents: ,V/4 Crawl space: ❑ Full ❑ Partial
FRAMING: Main Carrying members: Size: N✓i . Support Spacing:
First Floor Framing Joist size: /ff Ab Maximum Span: Maximum Spacing:
Second Floor Framing Joist size: ZA'749 Maximum Span: /Z/ Maximum Spacing: /e/GC•
Ceiling Framing Joist size: Maximum Span: Maximum Spacing:
i
Roof Framing Joist size: , 1//V Maximum Span: I. Maximum Spacing:/6,467.4-
Roof Truss Applicant must submit design calculations for all wood trusses stamped by a Registered Professional Engineer.
SKETCH OF PROPOSED WORK (minor projects)
NOTES AND DATE or Department Use)) FEE CALCULATIONS
�5fOec7 c
•
Da
4. ZONING COMPLIANCE To be completed by all applicants
Applicant is required to submit a registered plot plan with application, showing location of all structures.
Zoning District: LL,/ , —2 Total Land Area: Sae),0548
Frontage on Street: 24/01". Lot No.: /Q
Plan Book No. and Page: Land Court Plan No.: 3 Co 550 t`E
Date Lot Purchased: 114/ 2291 Certificate No.:
/ Name of Previous Owner: .Z/EOmf41/
SUBDIVISION INFORMATION
Name of Owner:
Date of Plan Approval: TIME SHARING
Type of Approval:ANR AR INFORMATION
Planning Board File No.: Is there a declaration of
Covenants and Restrictions of
Is the Subdivision subject to a Covenant: YES NO Interval Ownership noted on
Is a Release required: YES NO your Title or Deed?
Has Plan been filed with the Registry of Deeds? YES NO
If YES: Plan Book and Page No.: Date Yes No
DIMENSIONS
Distance from Property Lines: FRONT .16'183 REAR /0.2 LEFT///2 RIGHT//e'd.
Distance between Principal and Secondary Dwelling: ,V/.1- (12ft. minimum)
Height of structure above finish grade: N f 23—� E f 23 ;7a .S t 23 `!~ W .±23A5
Number of off-street parking spaces: Enclosed / On-site 2
GROUND COVER
Principal Dwelling: 1,Ax.• (OiO dCICt )
Secondary Dwelling:
Addition: = 5'' t/e.4. GX S !/.04/4Vre ) Total: 2?$6 _SF.
Garage: 2 V8&' Allowable: 32// ._SF.
Accessory Building:
Swimming Pool:
Other:
MISCELLANEOUS
Was a request to"Determine Applicability of the Protection Act"filed with the Nantucket Conservation Committee?YES NO ✓
If answered YES, include"Order of Conditions"with application.
What date was the"Order of Conditions"with application.
What date was the "Order of Conditions"filed with the Registry of Deeds?
Is the property located within a Flood Hazard district? YES NO ✓
Was a Variance or Special Permit granted by the Board of Appeals? YES NO ✓
If answered YES, what date was the decision filed with the Town Clerk?
FOR ZONING OFFICER
Minimum Lot Size: Ground Cover Ratio:
Frontage on Street: - Side and Rear Setback:
Front Yard: Secondary Dwelling approval __
Additional Comments: Board of Appeals
Lot Release For.
Date: 1 APPROVED BY: Al
Zoning Officer
5. IDENTIFICATION - To be completed by all applicants
Name Mailing address - Number, street, city and state Zip Code Telephone No.
1. �sQ . 0;144201-4(.3 73ox 34'2& Fere
Owner or
Lessee !�
,t�,V rlLG�'t ��j
Print Name 3 Y
� R� R Builder's License
2. \„.A)t tr. ,M O Ps b
Contractor Signature
Del$ Date
3. ea:40w T S"ea dervC. 33 3 r s -69l
Contact Person D.2 l i�lE2 JV� ,ircic4.c-7 1 ,u a S-6,1 Date 143;7-441 .
Works Compensation Insurance Certificate or Affidavit must be submitted with this application. x'6.75 S
I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make
this application as his authorized agent and we agree to conform to all applicable laws of this jurisdiction.
S`nature of ape Address -�- �,gp - Telephone # (—WO. bf<o 4'R
3v k- a-3 fi--(01 S i
Print name 4,4&" •
77 DO NOT WRITE BELOW THIS LINE
6. PLAN REVIEW RECORD - For Office Use
Plans Review Required
HISTORIC DISTRICTS COMMISSION '766 /7,0�
SEPTIC A �` _ ;of.
i
SEWER
WATER WELL COMPLETION REPORT
CONSERVATION COMMISSION
FIRE CHIEF
OVER-THE-ROAD (Board of Selectmen)
ROAD OPENING PERMIT(DPW)
PLUMBING
ELECTRICAL
7. VALIDATION
FOR DEPARTMENT USE ONLY
Building Use Group
Permit Issued
Occupancy Load __
Building �j G� �y
Census No. /37
Permit Fee / / / • -
Approved by:
2
Date Issuance of / •
Certificate of of Occupancy
Building Commissioner
• tri.lif O.,. .
N79.59.46•y
v
275.00. -
EXISTING ,,
GARAGE
2 667 S.F. -��y1
Z 7j-e* SHUV OUTDOOR II \ I
11
DECK / I
DWELLING
G � 4 L r - \\ I I
1,706 S.F. ' J \ I /
\
/. DECK
96.4 / /
b ; -
O� O^ /
/M -
LOT 10 / /
80,298 S.F, / /
-- / / ,'
/ N
M
0
0
-. / / 2N
.ti /
/ /
/ /
/ /
/ /
//
:>/
ARCIUS-7,200•' - /4/
L£NGT7�>24p.20, / /
pEND VIE W D /
RIVE I
L QED
FEB a 5 2004
NANYU'CK T ZONING: LUG-2
BUILDING DEPT MINIMUM LOT SIZE: 80,000 S.F.
MINIMUM FRONTAGE: 150 FT
FRONT YARD SETBACK: 35 FT
REAR & SIDE SETBACK: 15 FT
GROUND COVER RATIO: 4%
PLOT PLAN OF LAND IN
NANTUCKET, MA
(H OF MASS
THE STRUCTURES o2�' JOHN 9cyGU SCALE: 1'= 50'
ARE LOCATED AS SHOWN �,
z SHUGDATE: FEBRUARY 20, 2004
,a No.s JOHN J. SHUGRUE, INC.
/j �� \4 �e, : 57 OLD SOUTH ROAD
J❑ N J SHUGRUE PLS �/i;<?' '�`, NANTUCKET, MA 02554
D•TEE- BRUARY 20 2004 FOR: ROBERT AND VILMA ZIEDMAN
TA ASSESSORS MAP 81 PARCEL N❑, 9 6880ABS
. . . .
.. ,. . �� t( vtht 1._
- , w
.., _ ,
1 m a
K
°O : U = J W , C7
(z+ _ w
d ,t1/4 z
o O a u. M G. ,, J
0
O '\ 5•a > z W U W m
m zE `�� , W m �•o
�, : < u, }. Z
'= 4., c..-5 H 5b J = We O
II
m W O V y b d et.w.. ° OH. c,] o _
. a Q
°, , o a9 1 W - W Z
m ' `o Y W �' � `� '. = = O (/)
`° °' >- CU 0
Z c ; ,oa EN o � m � z
o z H � a ° _� . g - yQ O0 U
.c 4-- U m W y a) 0C W _CL
3 3 w ¢ ° • U °' ) pa U) Q Cl) •
o I O = O Z
o E- Q Abp Za p
b W 5 � ] z V
H � N 4a O
E PI
," 0 H
v
o Q Z _Q _ _ ' hw z
o ?� z Z r.d- .0 ;,±i . `J � ° - A Q CO
OA w o ? CI
Q Cx1 o 2 .3 .� o a uz aO cc
o U zo a 0 .9 tc J W W CX
o a Q m Z W m
U a
a
• � W � zv
o • H o J W _Cn
z : b ''' ` Q 02U 0
o W
cco o m
) Z m0a CO °z
v-- - - � U aZm a
• V cn a z v a.
!- Z_ I- _ ° o 0
0<-J W �' = V V Q W W a CC 0
Z o. !n = F- z O Li W W = U F-
0002 d EQ pW., zZW cc5 a' 2Q T
U
Zcrwo � ~J W =�o �^ cc w 0 = WtX = U = Wa H u,tnl-"
WW Z H a E- u. O ? a = I- au.
D_ •
•
L
________ _ 6-14-01/11 L
1 Certificate No: OP-2014-0212
Building Permit No.: BP-2004-0629
Commonwealth of Massachusetts
Town of Nantucket
Building Electrical Mechanical Permits
This is to Certify that the. SHED
located at
Dwelling Type
12 POND VIEW DR in the TOWN OF NANTUCKET
Address
Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
Move 8' x 12' shed on to lot from 20 Cornwall Street
CO for permit 535-04 M/P 81-9
This permit is granted in conformity with the Statutes and ordinances relating thereto.
Issued On: Thu May 29,2014 ���•
GeoTMS®2014 Des Launers Municipal Solutions,Inc. AZ iin. 14t)
_1
'1R _ice
Z CO z 'G Ciq
pm pZ cnZt1 a G
C z0 03 El nZO � _ C � �
-+1 O v5 m
o � c t `f
C n -� -i �o M z cn =
'73
C N
= 2z oo
U) 0 zm m0 cmzlrl o
1 r � 0 Dim v_ n � m 3
D cm . _ 0 ° m � •
rn
m oc0 °-u -a ou = o --1
0 -- m -xlm pmmm e rn
z _lw _ig y0 _i = rn 11•1
--I 6. u) m74 c � Dm
-c . Z g
c m C) m z0 nzCD m r
cnz ao
01
o 'D E -n NI p3cri I r- O
z , '17 < O
M
_1 _n caq m
_i Z _ a n�
M z � � � ooZ v .. = c
--I m O D z -+ = n 111Mill
70 N � � r ccnnmz -Di Cn
I
EYA iti(' 't
N79.5,,46'1,,
EXISTING iv=
GARAGE 4:
275.00-
583 S.F.
2N➢ FLOOR '
� _,
DECK al 1
S =
----\
F j.,,,,, ,,, f
O OUTD00R 11
Z SHOW ••II /
SHED �;�'/ •
_ 568 95 S.F. _'�"'� DECK
6
3. �i,
EXISTING \\ /
DWELLING v
1,692 S.F.%" ,,i
" •96.4,,t. . . . . )
DECK o
e
■ //
o `,
ti _ LCIT 10 /
80,298 S.F. /
•
•
/7
N
M h
P
N
.H I /
•
II
II
j
RADIOS: - I A I
ARC LENG7,,,_290. 0, I
i •
POND VIE w D RI I I
VE I 1
ZONING: LUG-2
MINIMUM LOT SIZE: 80,000 S.F.
MINIMUM FRONTAGE: 150 FT
FRONT YARD SETBACK; 35 FT
REAR & SIDE SETBACK: 15 FT
GROUND COVER RATIO: 47.
PLOT PLAN OF LAND IN
NANTUCKET, MA
THE STRUCTURES
Mq SCALE: 1'= 50'
ARE LOCATED AS SHOWN
r<CZNOF
3OH N t DATE; MAY 9, 2005
SHUGRUE i JOHN J. SHUGRUE, INC.
�` No.23529
of, �, �o 57 OLD SOUTH ROAD/� /' °la• e/S-C `, NANTUCKET, MA 02554
JEHN . SHUGR E PLS \DNALLAO
DATE: MAY 9, 2005 FOR: GREG BOURBEAU
TA ASSESSORS MAP 81 PARCEL NO. 9 #7284ABS
C gio(v- 0-7
R r, D
AUG 0 3 2007 BUILDING PERMIT NUMBER
AUG 1 0 2007
NANTUCKET
NANTUCKET
ZONING DEPT APPLICATION
BUILDING PERMIT
BUILDING DEPT.
IMPORTANT - Applicant to complete all items in Sections: 1, 2, 3, 4, and 5
1• OWNERS NAME (print): , U42A1341%4 >.2r
LOCATION Last . First Middle Initial
OF /2 ,'-- kzEYf/ x. 2/v&'
BUILDING No. Street
Assessor's Map No. ci/ Assessor's Parcel No.
2. TYPE AND COST OF BUILDING - All applicants complete Parts A-E
A.TYPE OF IMPROVEMENT B. OWNERSHIP D. DIMENSIONS
2 New Building rivate Dimensions of Structure
❑ Addition ❑ Public First.Floor Area: 735- ✓•fs
❑ Alteration Second Floor Area: 177 Z.
❑ Repair, replacement C. COST Third Floor Area:
❑ Demolition TOTAL COST OF IMPROVEMENT Total Floor Area: 6 -/2 = ."-F
❑ Moving Full Cellar Area: 735
E. PROPOSED USE
Residential Detail scope-of work by floor& provide the
square footage.
❑ One Family
❑ Studio
❑Two or more family- Enter
number of units
❑ Hotel, Motel, Dormitory
enter number of units
XSecond Dwelling
❑Garage
❑ Pool
❑Other- Specify
3. SELECTED CHARACTERISTICS OF BUILDING
F. PRINCIPLE TYPE OF FRAME H. TYPE OF SEWAGE DISPOSAL K.ACCESSORY HEAT SOURCE
Xf Wood frame ❑ Public No. of fireplaces
❑ Other- Specify V Private (septic tank, etc.) No. of Wood Stoves
Other:
I. TYPE OF WATER SUPPLY •
G. PRINCIPLE TYPE OF HEATING ❑ Public
Gas ❑ Electricity 12i Private (well) L. RESIDENTIAL BUILDINGS
❑ Oil ❑ Heat Pump Number of Bedrooms .Z
J. SMOKE DETECTORS
❑ Other-Specify 5 Number of Bathrooms
P Y No. of Detectors /
Full ✓ Partial
See Plan for Location
3. Continued
M. ENERGY CONSERVATION Type Thickness R Value
Foundation or Floor insulation 7b477" a a q A/42. Q/
Wall Insulation t•17-7 G w x. 0. 2i
Ceiling or Roof Insulation 347E 1p "r, .7,1) / p
Window Glazing: Insulated Glass ✓ Double Glass Storm la
Doors: Insulated Yes / No Weatherstripped: Yes ✓ No
Percentage of Window Area to Wall Area:
N. STRUCTURAL CHARACTERISTICS OF BUILDING
Applicant is required to submit complete structural framing plans with application due to the complexity of the structure, if the
following information is insufficient for proper plan review.
Foundation
Footing size: 44:7,Y .2 Footing reinforcing: ' ,2 di 5 i34ft5; G4;vci l
Wall material: 447A/4—/4— Wall thickness: !CJ 1'
Wall height: c:55":-/e2 u Wall reinforcing: • .91. 15443S 7113
r A.
Pier or column size: . .• STG Pier or column spacing: '/t7L..1".1
Pier or column footing size:c3}i3®x /2 p/?Pier or column reinforcing:'131,*04•L /i‘fC;t--G.� 3��✓
No. of crawl space vents: /0 Crawl space: ❑ Full ❑ Partial
FRAMING: Main Carrying members: Size: ( ) /Sit X/ 1 " GUL S Support Spacing: C ' /471.6
First Floor Framing Joist size: Z /C7 Maximum Span: IS i ,Maximum Spacing: /2 °Q.c.
Second Floor Framing Joist size: 2 60 Maximum Span: /3 ' Maximum Spacing: /G`Q.C,
Ceiling Framing Joist size: .Zj,-6s Maximum Span: /2/ Maximum Spacing: /6 ''47"--
Roof Framing Joist size: Z 1</e7 Maximum Span: /S' Maximum Spacing: /6'a e—
Roof Truss Applicant must submit design calculations for all wood trusses stamped by a Registered Professional Engineer.
SKETCH OF PROPOSED WORK (minor projects)
NOTES AND DATE (For De artment Use) FEE CALCULATIONS
1114/0-/ ' Spoke, (&)1Grefo — , t
( 74 ' .
./s*..-7..) -
006 ac-Y-
4. ZONING COMPLIANCE To be completed by all applicants
Applicant is required to submit a registered plot plan with application, showing location of all structures.
Zoning District: ,Call —2.. Total Land Area: 80/ 2/6 S` S•ill'•
Frontage on Street: 21417 4' • Lot No.: /17
Plan Book No. and Page: Land Court Plan No.: 36 17 PI
Date Lot Purchased: //4J Certificate No.:
/ Name of Previous Owner: %/a..40#04.40.140/
SUBDIVISION INFORMATION
Name of Owner:
Date of Plan Approval: TIME SHARING
Type of Approval:ANR AR INFORMATION
Planning Board File No.: Is there a declaration of
Covenants and Restrictions of
Is the Subdivision subject to a Covenant: YES NO. Interval Ownership noted on
Is a Release required: YES NO your Title or Deed?
Has Plan been filed with the Registry of Deeds? YES NO
If YES: Plan Book and Page No.: Date
Yes No
DIMENSIONS
Distance from Property Lines: FRONT .t ge,1 REAR t 2eG
LEFT 54' RIGHT a'/SC7
Distance between Principal and Secondary Dwelling: (12ft. minimum)
Height of structure above finish grade: N £2.� E ft ' S 12 W /2
Number of off-street parking spaces: Enclosed On-site 2. e,01z mew "y
GROUND COVER
Principal Dwelling: 61W
Secondary Dwelling: 935-2" �•F�
Addition: $v 3 if .7rl Total: 3 ?lh _SF.
Garage: Allowable: 3/2!!_.. _SF.
Accessory Building:
Swimming Pool:
Other:
•
_
•
MISCELLANEOUS
Was a request to"Determine Applicability of the Protection Act"filed with the Nantucket Conservation Committee?YES NO X
If answered YES, include"Order of Conditions"with application.
What date was the"Order of Conditions"with application.
What date was the"Order of Conditions"filed with the Registry of Deeds?
Is the property located within a Flood Hazard district? YES NO X
Was a Variance or Special Permit granted by the Board of Appeals? YES NO x
If answered YES, what date was the decision filed with the Town Clerk?
FOR ZONING OFFICER
Minimum Lot Size: Ground Cover Ratio:
Frontage on Street: Side and Rear Setback:
Front Yard: Secondary Dwelling approval
Additional Comments: Board of Appeals _
Lot Release Form
Date: 110\1 APPROVED BY: _
Zoning Officer
5. IDENTIFICATION - To be completed by all applicants
Name Mailing address- Number, street, city and state Zip Code Telepl one No.
1. y. ' ' 4 9t 37420, e
Owner or
Lessee ,•/l�C1Z7./4ILG-jf i/ Q1. 4/ ?.7�3 (v7%•
Print Name ,4(rr •. /� Builder's License
2.
Contractor Sighature
Date
3. lJlG1.lG/.Z. dfZ� Se& 22£7 6157'
Contact Person f nitilzs !!S ›( 3 3 SAC.. a2.5 Date-1-)d ,.. 9 X40
Works Compensation Insurance Certificate or Affidavit must be submitted with this application.
I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make
this application as his authorized agent and we agree to conform to all applicable laws of this jurisdiction.
'nature of ..p ical nt Address -�,_ Telephone #
.� Q= salmi VC-..:
Print name /i!. 2� - c)
DO NOT WRITE BELOW THIS LINE
6. PLAN REVIEW RECORD - For Office Use
Plans Review Required ,c9 6 G 7
HISTORIC DISTRICTS COMMISSION r, �`�0
ylz-7/0
7 SEPTIC�.s,� ,, EG ��i � 3 �Es ; �-4 -r.,-t-s i et,i X-75
SEWER
WATER WELL COMPLETION REPORT
CONSERVATION COMMISSION
FIRE CHIEF
OVER-THE-ROAD (Board of Selectmen)
ROAD OPENING PERMIT (DPW)
PLUMBING
ELECTRICAL
7. VALIDATION
FOR DEPARTMENT USE ONLY
Building Use Group
Permit Issued
Occupancy Load
Building
�- Census No. /6)
Permit Fee f c� (�/ 'x _
Approved by:
Date of Issuance of _ /� -"'�i j�
Certificate of Occupancy "T /� (J /� 7
Building Commissio er
64,0 i1(
Certificate No: OP-2008-0574 Building Permit No.: BP-2007-0630
Commonwealth of Massachusetts
Town of Nantucket
Building Electrical Mechanical Permits
This is to Certify that the SINGLE FAMILY DWELLING located at
,
Dwelling Ty,-e
12 POND VIEW DR in the TOWN OF NANTUCKET
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
Dwelling unfinished cellar, 1st fl 935sf&2nd fl 477sf 2 bedrooms 2 baths
CO for permit 806-07 M/P 81-9
This permit is granted in conformity with the Statutes and ordinances relating thereto, and
expires unless sooner suspended or revoked.
Expiration Date
Issued On: Wed Nov 12,2008
GeoTMS®2008 Des Lauriers Municipal Solutions,Inc. / "um
W i no wil ow NI r ;:c
Q co -, co
2.
z 0 Z 1U = z CC
o O OO - w o 0 —
Q g O F- F- o ‹ CO J E icWZJ z - * OLL �U 6 Uz t.) = _ W Z W J w V ~
`e.1_1-1 0 ° m
CO Za-
11111111=11 t N = = Z }, w wU t' I ii Cn Q � Q V 2w — to
O 0 � w01- 020 Q
l'Im miimi
F- pF- w a = 02 <
C� Y w W
w Z0z (2 Uz mum m Z
_z —
U
o° Q ~ V � w � aQ Op aim Z
W O V J W Z O W = Z Q = a
zD
IP 55 z
rn!0 LL i
al wwz —
O O Q
� z=�
. . 21- z0 LLW OCF � Q
z
°
CA
W�� a 5� wza � F= ir aF_ � V a
ZO=fn0 G a z- w V
���� u) oc w JoH w0 TX = _ 1
W mw = — M -w = w < w
Ww Z F— a. • 1 - u. O ? < ce f- aLL. F'
cc >
•
Za
D 2
l 6,,t
S 79°5946"E
213.87.
Garage and office
S 79'5946"E
69 sft
ig" 61.13'
ari
ai.5•
• od Frame',welling
Shed
"pleHrr ......•••• —
pg
�
95.6
Well 0 Ada
ocation •
Lll l
(70 . 1)\r: .■...„
_____c_c_c_..r.7.i
fie\
Gi
O •
O
47.5 r`d 80,200 SQ. F i. c
46.6' Existing / 1 .84 ACRES
/Foundation
934 S.F. /
/ I
53.8 52.4 ..
6.1' /
.7. -
0 4 1
R -.3-f-- -,--,14C:Fl -120nQ Edgpav` • ---
Telephone
• Box
Pono,v.
4p'right war/fro
of way
1 hereb. /- 1, „.14.,4 foundation shown
here p- :. . 'sts on the ground.
... I ile "
A Date
`� Certified Plot Plan
Dca.Al • Date
r
P 12 Pond View Drive
\\r7SltR - F�� prepared for
o ,� ,o1 74 9 Greg Bourbeau
Existing House = 1,725 SF showing new foundation
., _ : Garage/Offcie =505 SF �� ,
_ „ `�' Existing Foundation = 934 SF Oct. 22, 2007 Scale 1 =50
��q T. P OO�� Q� Total=3,164 SF or 3.9%lot coverage ols# 291-1
tiO ti Lti
i ,. N/F
BLUEFIN PARTNERS LLC
81-6
1 ,
P ANE m 275.00' E NDB
r+Na O
BNDC
\ 61.13'
Ac C"r___/
/y��R
4' IZ/
..,,,2,
Loa -'1 _ � .---- \
/ \ FNS
(BROKEN)
N)
A� 6 � _� L. \
N: / _/l// / ` \ \ / I
EQOL UNRS(2) V
SANDRA A.MACDONALD tir451,. WR /,
81-10 ///// /
-O BLUI / /
h / /
I\. / /
M / Z
0vE / //
/ /
/ / ZO
IV' CO
rro / / �N AC LOT 10 d
w_;:R
f _/ Z, , AREA=80,298± S.F. I
�. N
�6' SHARON N.FRUIT,TRUSTEE
I/4q -.A / 1 1 SHARON N.FRUIT DECLARATION OF TRUST
ititt.,...,ci ACO'yiE 81-8
I
_ //\, /
HC g ` /1/ / \\) I
DB ` j
END L=240.27, / /
R,1200.00, //
POND VIEW ORivE DHCB
x
$
5. AS-BUILT PLOT PLAN
#12 POND VIEW DRIVE
NOTE: IN
CURRENT ZONING:LUG-2 1. SEE MIACOMET REALTY DEED NANTUCKET, MASSACHUSETTS
MINIMUM LOT SIZE:80,000 S.F. RESTRICTIONS TO THE EXTENT APPLICABLE SCALE:1"=40' DATE:3/18/16
MINIMUM FRONTAGE:150'
FRONTYARD SETBACK:35' DEED REFERENCE:L.C. CERT. #25177
i SIDE AND REAR SETBACK:15' PLAN REFERENCE:L.C. PLAN #36550-C
ALLOWABLE G.C.R.:4% ASSESSOR'S REFERENCE:
EXISTING G.C.R.:4.1% MAP:81 PARCEL:9
,. PREPARED FOR:
FOR PROPERTY UNE DETERMINATION THIS PLOT PLAN JOHN UDELSON
RELIES ON CURRENT DEEDS AND PLANS OF RECORD, NANTUCKET SURVEYORS LLC
s VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A TITLE 5 WINDY WAY
EXAMINATION OR A RECORDABLE SURVEY. NANTUCKET, MA. 02554
4 N.B. 163-104/401-21/401-41 COPYRIGHT BY NANTUCKET SURVEYORS, LLC. N-1O736
Town and County of Nantucket, MA May 6, 2016
12 Pond View Drive
81 188 81 175
- 11 12
8165. 81187
.`,.
81 '.
Q
__ i 14
oe
au — ..
.c5 , 81186
-•- .. 15 81177 i
816'4 __ 16
135 81 6
.......... 72__7
' 81 185
�'-. 17
a _.__ - _--- 91178
i __ 2, 81179
816.3
12
`oF: 0/ 136 j `. 81184 ;
cJ 19
816.2 ___ 81183 27
81 180___
138 n
- --__ 81182 I 81181
4 l!•
b. �" 140 -
8114
U ___ �1 1...
- i� ___ _____ _
S 8113 t "i. __,' ill
4 8112
8115 6 Bi 11,- 8110 i ® I
_ 142 8 10
819
12
pond VIeN Dr :
818
Pord View Dr 14
X57 - Pand V,i --
oOYr Dr P ytd View Dr 'Pond V,ew Dr
8116 `i 1 ___. Pond��ew Or
I
1.1
1 and
! V evi Dr ---
,
.--- - - 8118 I 8119 iii I,..8117 3 5 I' 81 20 8121
146 7 8122
O 1 9 'll 8123
81�4i51.. + 81 4
81 c',2 8129 7 83 25
i !81294:81(291 8132 II "_ 17
�. ' 834 ` 1
61758174 8138 -. — 19 9
76 8182 ?.- ._
814D ! ��
81430
177
81 84 ! - - - ' i 8145. I.
!83 78 81 Bl i 0183] ! 8147 _ _
- - - 8148 81 49
8150
8185 •
81 104 !'8106 - -
i 1 ' 1-. 8188 - _
081105 11107 ! - - 8187 ! - __-
Go gie z''"•0 stick j! i 8189 ' 8190 18192 r 8151 soma Terms of Use
Property Information
Property 819 +�' it
ID
Location 12 POND VIEW DR <``
Owner UDELSON JOHN D ns
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town and County of Nantucket, MA makes no
claims and no warranties, expressed or implied,
concerning the validity or accuracy of the GIS data
presented on this map.
Parcels updated December, 2014
Properties updated January, 2015
RECEIVED
7* 0(7 BOARD OF ASSESSORS
APR 2 8 2016
TOWN OF
Town of Nantucket NANTUCKET, MA
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER
MAILING ADDRESS b ou
PROPERTY LOCATION 1(104All ri\rt
ASSESSOR MAP/PARCEL I 1 I
SUBMITTED BY ) ,
t [At& L
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons who are owners of abutting
property, owners of land directly opposite on any public or private street or way;
and abutters of the abutters and all other land owners within 300 feet of the
property line of owner's property, as they appear on the most recent applicable tax
list(M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B
(2).
z9, Reve9 -
14.44 „um,
DA ASSESSOR'S OFFIC
TOWN OF NANTUCKET
•
. a,
)T
al
w
o a o o a a a 0 0 0 124 0
.0 ❑ ❑ ❑
1, a E 3 3 3 3 3 3 3 3 4+ N >+ N
66: 6: W W W W 3 3 W W W W W 3 3 3 3
C) ❑ ❑ 01 U H H H W W H H
O a O > > > H H > > > > > m m m m
a W x Q > > W W W W W 0 00 ❑ ❑ ❑ ❑ ❑
H x x m H Z 2 2 ❑ ❑ Z Z Z 2 Z a a 44
W O O £ O O O Z Z O O O O O a a a a
u qw UU m O a a a 0 0 a a a a a W W W W
a a
O) N l0 H O" H H 01 N N Ol N In Cl H•ar a N C N H H H H m Ol H .-I H H .1 Cl N N N
C d' C 10 N LU - 0 H (.1 01 C N N l0 l0 l0 l0 .
Q) N ul N O N V1 C N lO l0 CO H 0 dl ill N dl
(l, «) 0 Jl O N O ul m 0 Ol C N H O O 0 0 0
'r1 N N N N N N N lO O N O N N lO N N N N
N 0 0 0 0 N \O 0 0 H M El 0O H O O 0 o o
CO Z £ £ U > ll', U O Z w 2 0 a U £ £
W
a
a z: x O' ❑
E w w o > 01 FC x 4 w o w
X X X X E m X 2 a W X W H X X X X
U U U a O' ❑ O 4 O x U m w a a a a
0 0 0 0 2 Z 0 0 4-, X O H £ 0 0 0 0
H Z 2 Z (Z H Z Z , 3 a o E, 04 0 a a a a
.I 1 U U o U ❑ a W W W a 2 00 0 0 0 0
U Z Z Z Z U: W Z 2 2 > (A 2 N Z Z Z 2
N
E N
rn F 3
a W X
❑ t > a ❑
Z > W 2 ❑
£ H > E O ❑ 6 fa O E O m x ❑ H a
a a FI a 3 o H Z Z 0E4
H 0 W O Z O O H H l0 E >+ lO H 0 0 0 0 0
N a .p E > U: F (Z c X > 0) in 0 0/
N a O \O a W U: E H 2 N U U: 0 l0 0 lO
o4 1.4Z 0 .40 ,00, 01 001
0 X x m X Z U Z x K 3 x X U m X X X X
W O O 0 FC O W U) 0 W Ow 0 Ox 0
4 cN rS m 'l O W a U: N LU W O 4'4
C.9 4 0 a N a 01 N a H ON O M a N N a a a a
z
H
La
H
)4 E-4
ca
N H a E X
0 E 0 2U
Z p a n
(`4 Z @ Z 2 3 N 3
CG W N9 W °H FG' 2 W
Z (q E 07 W E
m E a x w
ti U W.1 0 H 0 00
H o x 3 z
° a w a 0 0
U W (n 3 U U
E
W .
2
Z a
E
W U:
0 E Ft d o H z a W
r-C 0 Q E a 4 F
a fn .13
I E U m w 2
a Z .7 a s w U: > E a F H .U-1 a s
0 h a .4 E. w Z a a a a a a
w z F w W
co m W m F. 3 m E a■ a m m m m
• W w a x E a [Z ❑ 01E, 1-1 [4 r 4 0 4 0 4 0 4
w Z 2 W E Z Z 4 0 x ❑ Z O Z Z Z Z
m 0 rS E E Z ft U: 0 U G H PC H E E E E
I10 ❑ a x mom W a o Z w X r: a a a
H r.0 U U' a W E r1 FC FC .4 FC
Z W Q a a Z ❑ a X x i H 3.2 w a w a
0 H ❑ O Z 0 m Z W W U: Z a La O £O H H 2 H
H O a w E E O Z Z a m x ri w w w w
a O a 0 a m w H 000040 .1M040400•00
O 3 a rt a eC O W W U: 0 0 FC a a a .]
O m > E m O w £ 0 3 m 3 3 a O a d1 W CO
q
D
1, CO O H N m
0 Pi N 0 0 H H N 01 m Ip lO CO CO E
a N vl fyl l0 N CO H N N N N N N H H H H a
10
0
O
X
0
p • H
(A
[0 to
0
O
N
W
CL N
A O O O .i H H H H H H H H H .i H H
CO CO CO CO CO CO CO CO m CO CO CO CO CO m CO CO CO
Easy Peel®Labels % • r Bend along line to Q AVERY® 5160®
Use Avery®Template 5160® j Feed Paper ® expose Pop-Up EdgeT"' j
80 81
BORZILLERI JAMES JR WELLS NANTUCKET INVEST LLC
BORZILLERI BETHANY S C/O WELLS HENRY
PO BOX 2513 3515 HENRY HUDSON PKWY
NANTUCKET,MA 02584 BRONX,NY 10463
80 81
VISCO DAVID F&JANA L WORK LEILANI D TRST ETAL
4 RACHEL DR PO BOX 2462
NANTUCKET,MA 02554 NNATUCKET,MA 02584
i I
80 81
TWEARDY MILAN P&LISA A& PORTHCAWL FAMILY LP
59 S SHORE RD 2210 MOCKINGBIRD RD
NANTUCKET,MA 02554 HARRISBURG,PA 17112
I �
81 81
BLUEFIN PARTNERS LLC CARDAMONE MICHELE TRUSTEE
PO BOX 650 C/O NICOLETTE WERNICK
NORFOLK,MA 02056 27 RESERVOIR ROAD
BLOOMFIELD,CT 06002
81 81
CARUTHERS STEPHEN P&LOUISE ANN I BLUEFIN PARTNERS LLC
3820 NORTH RICHMOND ST PO BOX 650
ARLINGTON,VA 22207 NORFOLK,MA 02056
81 81
FRUIT SHARON TRST BLUEFIN PARTNERS LLC
SNF DECLARATION OF TRUST PO BOX 650
12 EAGLE COURT NORFOLK,MA 02056
EDWARDSVILLE,IL 62025
81 81
MACDONALD SANDRA A BLUEFIN PARTNERS LLC
10 POND VIEW DRIVE PO BOX 650
NANTUCKET,MA 02554 NORFOLK,MA 02056
81 81
OCONNELL GERALD F&JUDITH A BLUEFIN PARTNERS LLC
113A HARRISON AVE PO BOX 650
NEW CANAAN,CT 06840 NORFOLK,MA 02056
81
WERTHEIMER JAY W TRST
WERTHEIMER JAY W REV TRUST
150 EAST 69TH ST APT 21
NEW YORK,NY 10021
81
SEGALAS HERCULES&MARGARET TR
10625 WITTINGHAM AVE
VERO BEACH,FL 32963
f=tiquettes faciles a peter ; Repliez a la hachure afin de i www.averv.com
Utilisez le gabarit AVERY®5160® j
char reveler le rebord PopUpTM 1-800-GO-AVERY
2 . eO IE i,
oaaUkFT
/ N
yo9\ ; 2016 AUG - 1 PM 3: 4
7
sA � TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: August 1 , 2016
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 19-16
Current Owner /Applicant: John UDELSON
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 .
Z7L-'
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 ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 81, Parcel 9 Certificate of Title No. 25177
12 Pond View Drive Lot 10, Land Court Plan No. 36550-C, Sheet 2
Limited Use General—2 (LUG-2)
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals ("ZBA"), at 1:00 P.M. on
Thursday, June 9, 2016, in the Conference Room at 4 Fairgrounds Road, Nantucket.
Massachusetts, the Board made the following Decision on the application of John Udelson, 49
Union Park, Unit 3, Boston, MA 02118, File No. 19-16.
2. Applicant requests Variance relief pursuant to Nantucket Zoning Bylaw Section 139-32
from the intensity regulations in Section 139-16 to validate the ground cover of the existing
structures which have been in their same location and have not been altered since 2007. The
Locus is situated at 12 Pond View Drive, is shown on Nantucket Tax Assessor's Map 81 as
Parcel 9. Evidence of owner's title is in registered as Certificate of Title No. 25177 at the
Nantucket County Registry District of the Land Court. The property is zoned Limited Use
General—2 (LUG-2).
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
testimony, written or oral, in favor of or in opposition to the application.
4. Attorney John B. Brescher represented the applicant at the hearing. Attorney Brescher
explained that in August 2004, the then-owner, Greg Bourbeau, applied for a building permit to
modify the existing garage. Said building permit application indicated that the ground cover of
the principal dwelling is 1,706 sf and the ground cover of the existing garage will be 580 sf. This
corresponds with the ground cover of the principal dwelling as shown on the site plan from
February 2004 submitted to the Building Department.
5. In 2007, a Certificate of Occupancy was issued for the building permit to modify said
garage. Said Certificate of Occupancy was issued in part due to the site plan provided to the
Building Department by John J. Shugrue, PLS, dated May 9, 2005, which shows the location of
the 583 square foot garage, a 95 square foot shed, and a primary dwelling with 1,692 square feet
of ground cover.
6 In August 2007, a building permit was applied for to add a secondary dwelling to the
Locus. Said application indicated that the principal dwelling has a ground cover of 1,692 square
feet, the secondary dwelling would have a ground cover of 935 square feet, and the garage/studio
has a ground cover of 583 square feet (note: the 95 square foot shed is exempt from ground per
Nantucket Zoning Bylaw Section 2 and therefore does not count towards the maximum allowable
ground cover on the Locus). This meant that the total ground cover on the Locus would be 3,210
square feet when the maximum allowable was 3,211.96,which is 4% of the lot area of the Locus.
Said secondary dwelling was completed in 2008 and a Certificate of Occupancy was
issued in November 2008. This Certificate of Occupancy was issued based upon the survey
dated October 22, 2007 prepared by Outermost Land Survey, Inc. Per said survey, the ground
cover of the structures is as follows: the garage/office has a ground cover of 505 square feet; the
primary dwelling has a ground cover of 1,725 square feet, and the secondary dwelling has an
existing ground cover of 934 square feet for a total ground cover of 3,164 or a ground cover ratio
of 3.9%, which is less than the maximum ground cover ratio allowed in the Limited Use General
— 2 zoning district. Based upon the information provided in this survey, a Certificate of
Occupancy was issued.
In 2014, Mr. Udelson took title to the property and in 2015 applied for a building permit
to construct a pool and appurtenant decking. Said work did not add any ground cover, but a
survey was completed in order to close-out this permit. Said survey, prepared by Nantucket
Surveyors, attached hereto as Exhibit A, shows a Locus with structures over the allowable
ground cover for a property in the Limited Use General—2 zoning district.
The largest discrepancy in the plans is the calculation of the ground cover of the
garage/studio. The most recent survey shows a ground cover of 585 square feet (which
corresponds with the 2005 Shugrue Survey), whereas the 2007 survey shows a ground cover of
505 square feet. The two surveys also show a discrepancy in the ground cover of the primary
dwelling of nearly 50 feet, but this may be accounted for by the interpretation of whether or not
ground cover is calculated from the corner-boards of the structure or the foundation.
7. Attorney Brescher further explained that per Massachusetts General Laws Chapter 40A,
Section 7:
"no action, criminal or civil, the effect or purpose of which is to compel the
abandonment, limitation or modification of the use allowed by said permit or the
removal, alteration or relocation of any structure erected in reliance upon said
permit by reason of any alleged violation of the provisions of this chapter, or any
ordinance or by-law adopted thereunder, shall be maintained, unless such action,
suit or proceeding is commenced and notice thereof recorded in the registry of
deeds for each county or district in which the land lies within six years after the
commencement of the alleged violation of law."
Because the structure was constructed with the benefit of a building permit—and received
a Certificate of Occupancy — and no action to force the removal, alteration, or relocation of the
structure was taken within the six years since the issuance of the building permit relative to the
violative work, and therefore the structure is deemed protected.
3
8. Accordingly, although the structures upon the Locus are protected from removal,
alteration, or relocation to comply with the intensity regulations of the Zoning Bylaw, the
structures are deemed noncompliant because they violate the intensity regulations of ground
cover. Therefore, the Applicant is requesting Variance relief pursuant to Nantucket Zoning
Bylaw Section 139-32 from the intensity regulations in Section 139-16 to validate the ground
cover on the Locus of approximately 3,292, per Exhibit A. This results in a ground cover ratio of
4.1% where the maximum allowable ground cover ratio is 4% in the Limited Use General — 2
zoning district.
9. Accordingly, due to the evidence presented at the hearing, Variance relief may be granted
on the basis that owing to the unique circumstances relating to the shape of such structures and
especially affecting such structures but not affecting generally the LUG-2 zoning district, a literal
enforcement of the provisions of this chapter would involve substantial hardship, financial or
otherwise, to the petitioner and the desirable relief may be granted without substantial detriment
to the public good and without nullifying or substantially derogating from the intent or purpose
of such bylaw.
10. Accordingly, by a UNANIMOUS vote (five in favor and none opposed) of the sitting
Board, the Zoning Board of Appeals GRANTS the requested relief by VARIANCE pursuant to
Zoning By-law Section 139-32 from the intensity regulations in Section 139-16 to validate the
existing ground cover overage upon the locus as described in the attached Exhibit A entitled,
"As-Built Plot Plan, #12 Pond View Drive in Nantucket, Massachusetts," prepared by Nantucket
Surveyors, Inc., dated March 18, 2016.
SIGNATURE PAGE TO FOLLOW
4
Assessor's Map 81, Parcel 9 Certificate of Title No. 25177
12 Pond View Drive Lot 10, Land Court Plan No. 36550-C, Sheet 2
Limited Use General—2 (LUG-2)
Dated: ,201
// j
Et', •fd T•.i le
I molly
1• o lcel i
ae . . O' ara
awe
Kerim Koseat.
James Mondani
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On the 2q-kb day of Jtta , 2016, before me, the undersigned notary public,
personally appeared L�u; `d �vo� , one of the above-named
members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me
to be the person whose name is signed on the preceding document, and acknowledged that he
signet the foregoing instrume�t voluntarily for the purposes therein expressed.
4
a_ . L'/ • I 1ri/
fici. Signatu e and Seal of Not., , Public
Sic,
My commission expires: 4 We„S DORIS C.STRANG
1, Public
, Massachusetts
=Ji 4i4 ires Oct 9,2020
C
rrvti �,• Commission Exp
5
a
"EXHIBIT A"
N/F
BLUEFN PARTNERS LLC
81-6
isi-
O a* 275.00' OH
katc,
FND A elk �/���_ 61.13' FHP
„lif:
Ricca ) _ (BROKEN)
, I
. , I�o '' - L. —i^ /
., o v
SANDRA ti�MACDONALD y . .; ,A \�•
81-,D �
I .
/ /
imsPARC / i
CIO
TR' /
•TJ'T' / ,/ MN
LOT 10 1 id/
/w'�- , AREA=80,298± S.F.
46.J•*, j`/4q [:II,rp,J,! II / SHARON N.FR�I1IT,TRUSTEE
,.. Ql 1 ? T'. SHARON N.FRNT DECARATON DF TRUST
1 I
DHCB� _ <,, ) /
FND
"240.21, 1 /
Ra1200.00• / I
/ /
FEND VIEW DRIVE DHCB
8
e
i
Y
h
AS-BUILT PLOT PLAN
#12 POND VIEW DRIVE
$ NOTE: IN
1 CURRENT ZONING:LUG-2 1. SEE MIACOMET REALTY DEED NANTUCKET, MASSACHUSETTS
R RESTRICTIONS TO THE EXTENT APPLICABLE
MINIMUM LOT SIZE: S.F.
� SCALE:1°=40' DATE:3/18/16
$ MINIMUM FRONTAGE:150'
g FRONTYARD SETBACK:35' DEED REFERENCE:L.C. CERT. #25177
SIDE AND REAR SETBACK:15' PLAN REFERENCE:L.C. PLAN #36550-C
ALLOWABLE G.C.R.:4% ASSESSOR'S REFERENCE:
EXISTING G.C.R.:4.1%
MAP:81 PARCEL•9
I PREPARED FOR:
FOR PROPERTY UNE DETERMINATION THIS PLOT PLAN JOHN UDELSON
REUES ON CURRENT DEEDS AND PLANS OF RECORD.
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. NANTUCKET SURVEYORS LLC
THIS PLAN IS NOT REPRESENTED TO BE A TITLE 5 WINDY WAY
a EXAMINATION OR A RECORDABLE SURVEY. NANTUCKET, MA. 02554
I N.B. 163-104/401-21/401-41 COPYRIGHT BY NANTUCKET SURVEYORS, u.c. N-10736