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HomeMy WebLinkAbout20-16 91 Low Beach RoadTOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 lawn UlerK Town & County Building 16 Broad St Nantucket, MA 02554n '1 APPLICATION - Fee: $450.00 File No. C�e)_ Owner's name(s): Gerald T Vento and Margaret Vento. as Trs Ninety -One Low Beach Road Nominee Trust. Mailing address: c/o Cohen & Cohen, PO Box 786, Nantucket, MA 02554 Phone Number:508- 228 -0337 —E-Mail: Steven(a cohenlegal.net Applicant's name(s) Mailing Address: Phone Number: same E -Mail: same Locus Address: 91 Low Beach Road Assessor's Map /Parcel: 75 31 Land Court Plan: Lot 912 Land Court Plan 5004 -65 Certificate of Title: 24350 Zoning District LUG 3 Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwellings 2 Duplex Apartments Date of Structure(s): all pre -date 7/72 no or 2007 Building Permit Numbers: Previous Zoning Board Application Numbers: None 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief aj2plyin9 for: The Locus is an oversized lot of about 156,430 + /- SF in the LUG -3 zoning district. It contains a 2 -story dwelling of about 3,182 + /- SF and a cottage of about 1,381 + /- SF. There is an accessory structure about 98 +/- SF. The premises has a ground cover ratio of about 2.97% in a zoning district where 3% is allowed. In 2012 the Applicant hired a contractor, Arthur Dwyer of Fair Play, to install a clay tennis court and associated fence. The structure was sited based on a prior survey and was measured off multiple survey stakes, previousl} uses for selling the property and then for landscaping and land clearing. However, when the court was installer, the court was not correctly sited — the northwest corner is as close as 15.4 +/- feet from the side yard lot line and the northern side is as close as 18.0 +/- feet from the rear lot line, in a zoning district where 20' is required. The Applicant later discovered that the contractor had installed the tennis court with HDC approval but without a building /zoning permit, and is now trying to resolve the matter. The encroachment was discovered in the as- buit. The contractor reasonably sited the structure base on a licensed survey, but unintentionally violated the side and rear yard setback. The intrusion is 4.6 +/- feet for the side yard and 2.0 +/- feet for the pool equipment (i.e., it is not more than 5' into the setback and not closer than 4' from a lot line). Therefore, the Applicant seeks Special Permit relief under Nantucket Zoning Bylaw Section 139- 16.C.2 to validate the intrusion. The burden of correcting the intrusion, which would require entirely redoing the court and fence, substantially outweighs any benefit to an abutter of eliminating the intrusions. Applicant also seeks Variance relief, in the alternative, to the extent necessary, under Section 139 -32. 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: Applica t/Attorney gent* *If an 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: / /_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile CURRENT ZONING CLASSIFICATION: Limited Use General 3 (L.U.G. -3) MINIMUM LOT SIZE: 120,000 S.F. MINIMUM FRONTAGE: 200 FT. FRONT YARD SETBACK: 35 FT. REAR /SIDE SETBACK: 20 FT. GROUND COVER % : 3% µ 1+ 15.4�f 23.6't xi tin : 156,430 S.F.t SEE PLAN \ SEE PLAN SEE PLAN 2.97% t 75 -31.4 N/F SCONSET TRUST, INC. 21p9 9'.? WOOD AND WIRE FENCE v EXIST• URT o TENNIS \ rn rn v N 4'f WOOD AND WIRE FENCE EXIST POOL EQUIPMENT BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MA SCALE: 1"= 50' DATE: APRIL 15, 2016 NINTEY —ONE LOW BEACH owner: ROAD NOMINEE, TRUST . . . LOT 912 Cert. of Title: .# ?4350. Plan: ,L;C.C..5004,-65 Locus: .. . 91. LOW BEACH ROAD . . , . , BLACKWELL do ASSOCIATES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228 -9026 57.1't EXIST. 2 I \ GY1 W/F DWELL 3,182 SF N 57.3 G \ �9%v x EXIST. G W/F \ \ STRUCTURE 75 -3.1 �\ NIF WEINROTH \ \m\ g? 0 / N ORGY P \-A\ �ZF m\ ��. 9'x20' PARKING 'o �' 1 SPACE (TYP.) o / o_\ lJN\ \ O\ E \ 75 -31.3 NEMIROVSKY, TR. EXIST. STONE WALL \ \ \ \ o� \ \ 0 o° THIS PLOT PLAN WAS PREPARED FOR THE TOWN <\ �$ / . 4O� OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A PROPERTY LINE ,,11 SURVEY. THIS PLAN SHOULD NOT BE USED 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 PLOT PLAN IS NOT A CERTIFICATION AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. ASSESSOR MAP: .75. , PARCEL: . 31. T: \KEN 26 JOB 10 V: \DRAWFILES \7344 \BLP.dwg 6/15/2011 :43:16 PM', M /z / / LEGEND DENOTES EXIST. DIRT TRACK / TP DENOTES EXIST. TELEPHONE PEDESTAL / ❑ E DENOTES EXIST. ELECTRIC TRANSFORMER ® DENOTES EXIST. WELL B7604 0 v I own ana uouncy OT ivanLuCKeL, [VIA G_ i -!t Property Information Property 75 31 ID Location 91 LOW BEACH RD Owner VENTO GERALD T & MARGARET TRST r-iQy -), LV.LU c: 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 t� C • jZ � 4`� iF c c ^�y Yom' l � f t . 0 c: 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 r9 $1o.00 Town of Nantucket Zoning Board of Appeals RECEIVED BOARD OF ASSESSORS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF; MAY 0 9 2016 TOWN OF NANTUCKET, MA R..�J ......... MAILING ADDRESS .�/R,..�°' :M,tCo � P° Bq 6�N�! *c1Caf�ii'J�f oZSs�� PROPERTYLOCATION...9. �.,,..L� ....Bes►Gh Roa� .................. ASSESSOR MAP/PARCEL......1...,,� , .3 .!........... ........... SUBMITTED BY.,S✓... C'�,�''J Cdhen Coker, L., �✓ P� 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) jyj /0 DAT.9 f ,/?/, - . 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Tr: Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicants) /Petitioner(s) and the Zoning Board of Appeals hereby agree. to extend the time limit O For a public hearing on the application For a written decision O For other action Such application is: O An appeal from the decision of any administrative official • A petition for a special permit O A petition for a variance O An extension O A modification The new time limit shall be midnight on October 14, 2 016 which is not earlier than a time limit set by statute or bylaw. The Applicant (s), attorney, or agent for the Applicant represented to be duly authorized to act in this matter for the applicant, in executing this agreement waives any rights under the Nantucket Zoning Bylaw and the State g c s am�te t only to the extent inconsistent with this agreement. For 4� For Zoning Board of Appeals Town Clerk Stamp: I P: Effective Date of Agreement 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile PrinfForm ..;` N O� Z toe) M—a TOWN OF NANTUCKET Z -j BOARD OF APPEALS c NANTUCKET, MA 02554 ,=; rn .. ;� M File No. 2 0 -16 –.j Map 75 Parcel3l This agreement to extend the time limit for the Board of Appeals to make a decision, hold a public hearing, or to take other action concerning the application of Gerald .'T: 'Margaret VENTO;Tr.:of- Niriet One Low Beach Road Nom Tr. Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s) /Petitioner(s) and the Zoning Board of Appeals hereby agree to extend the time limit O For a public hearing on the application ® For a written decision O For other action Such application is: O An appeal from the decision of any administrative official 01 A petition for a special permit O A petition for a variance O An extension O A modification The new time limit shall be midnight on �U ��v : ® -f� zVhich is not earlier than a time limit set by statute or bylaw. The Applicant (s), attorney, or agent for the Applicant represented to be duly authorized to act in this matter for the applicant, in executing this agreement ,,vaives any rights under the Nantucket Zoning Bylaw and the State Zon' g Act, as amended, to tjie extent, but only to the extent, inconsistent -,vith this agreement. Fox pplicant (s) Eleanor Weller Antonietti, Zoning Administrator For Zoning Board of Appeals �— September 28, 2016 , Effective Date of Agreement 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508 - 228 -7298 facsimile Town Clerk Stamp: MANTUCKt- 1 2 o 4 P�1 3: 0 2016 NOV I TOWN OF NANTUCKET C E t BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: November 14, 2016 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 20-16 Current Owner: GERALD T. VENTO & MARGARET VENTO, Trustees of NINETY-ONE LOW BEACH ROAD NOMINEE TRUST Property Description 91 Low Beach Road Map 75 Parcel 31 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 ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 75, Parcel 31 Certificate of Title No. 24350 91 Low Beach Road Land Court Plan 5004-65 Limited Use General 3 (LUG-3) Lot 912 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals opened on October 13, 2016 (continued from a public hearing held on Thursday, June 9, 2016) at 1:00 P.M. in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of GERALD T. VENTO & MARGARET VENTO, Trustees of NINETY-ONE LOW BEACH ROAD NOMINEE TRUST, c/o Cohen & Cohen Law, P.C., PO Box 786,Nantucket, MA 02554, File No. 20-16: 2. Applicant is requesting Special Permit relief pursuant Zoning Bylaw Section 139-16.C(2) to validate unintentional side and rear yard setback intrusions. The siting of a tennis court, installed in 2012, was reasonably based on a licensed survey. The court is sited as close as 15.4 feet from the side yard lot line and eighteen (18) feet from the rear yard lot line, where a twenty (20) foot setback is required. In the alternative, and to the extent necessary, Applicant requests relief by Variance pursuant to Section 139-32 to allow said setback intrusions. The Locus is situated at 91 Low Beach Road, is shown on Assessor's Map 75 as Parcel 31, and as Lot 912 upon Land Court Plan 5004-65. Evidence of owner's title is registered on Certificate of Title No. 24350 at the Nantucket County District of the Land Court. The site is zoned Limited Use General 3 (LUG-3). 3. Our decision is based upon the application, 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, written or oral, to the application. 4. The Locus is shown on plan entitled "Building Location Plan of Land in Nantucket, Ma.", prepared by Blackwell and Associates, Inc., and dated April 15, 2016, a reduced copy of which is attached herewith as "Exhibit A". The lot contains 156,430 square feet in the Limited Use General 3 (LUG-3) zoning district, where minimum lot size is 120,000 square feet. The property is improved with a two-story 3,182 square foot primary dwelling, a 1,381 square foot secondary dwelling, a pool and associated pergola, a 98 square foot shed, and a tennis court for a total ground cover ratio of approximately 2.97% where 3% is allowed. The tennis court is sited as close as 15.4 feet from the westerly side yard lot line and as close as 18.0 feet from the northerly rear yard lot line where the required setbacks are twenty (20) feet. 5. As presented to the Board, through their attorney and surveyor, the applicant hired a contractor to install a clay tennis court. The structure was sited and measured using survey stakes that had been set, based on a prior survey, for landscaping and clearing purposes. 2 However, the contractor inadvertently installed the tennis court within the twenty (20) foot side and rear yard setbacks required in the LUG-3. The respective setback intrusions are 4.6 feet for the side yard and 2.0 feet for the rear yard, and therefore not more than five (5) feet into the setback and not closer than four (4) feet from the lot line. As such, the Applicant seeks Special Permit relief pursuant to By-law Section 139-16.C(2) which reads: The Board of Appeals may grant a special permit to validate unintentional setback intrusions not greater than five feet into a required yard and not closer than four feet from a lot line, provided that it shall first find that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion and, if the intruding structure was so sited after 1990, the siting of the structure was reasonably based upon a licensed survey. The burden of correcting the de minimis intrusions would be extremely costly as it would require entirely removing and re-installing the tennis court and would thus substantially outweigh any benefit to an abutter of eliminating the intrusions. The tennis court is located to the rear of the lot, surrounded by a hedge and fencing. Furthermore, the direct abutter on the effected side (west), has a clay tennis court as well. In addition, the property is among the last four building lots at the end of Low Beach Road, a sand road at that point of its layout. It is surrounded to the north by protected open land. 6. The Board discussed how the tennis court is considered a structure. The definition of Structure pursuant to Section 139-2.A is: Anything constructed or erected, the use of which requires a fixed location on the ground. "Structure" shall be construed, where the context allows, as though followed by the words "or part thereof' and shall include, but not be limited to, buildings, retaining walls which support buildings, platforms, steps, antenna towers, steel storage containers, lighthouses, docks, decks, chimneys, tents, and game courts. "Structure" shall not include retaining walls not exceeding four feet in height for landscaping purposes,fences, rubbish bins, and a maximum of two aboveground propane tanks not to exceed 120 gallons each. 7. At the close of the initial hearing on June 9, 2016, the Board requested that the Applicant provide a detailed cost estimate for the removal and reinstallation of the tennis court, which would include the removal and replacement of privet hedges, sod, drainage and sprinkler systems, and other associated components. The Applicant submitted this information, along with scope of work and schematics for a tennis court built to United States Tennis Association specifications (standard dimensions are 60' X 120'), at the second hearing on October 13, 2016. 8. Pursuant to By-law Section 139-16.C(2), the Zoning Board of Appeals is empowered to grant a Special Permit to validate unintentional setback intrusions not greater than five (5) feet into a required yard and not closer than four (4) feet from a lot line, provided that the Board finds that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion and the siting of the structure was reasonably based upon a licensed survey. In light of the fact that the intrusion is upon side and rear yard setback and no neighboring property owner objected or raised a concern, no benefit to an abutter from correction of the intrusion is apparent. 3 9. Therefore, after discussion with the Applicants' representatives, the Board made the specific finding that the setback intrusions in this matter were unintentional, not greater than five (5) feet into a setback area and not closer than four (4) feet to a lot line, and that the burden of correcting the intrusions substantially outweighs any benefit to an abutter of eliminating the intrusion. 10. Accordingly, by a MAJORITY vote (4-1; Poor opposed) of the sitting Board, the Zoning Board of Appeals GRANTS the requested relief by SPECIAL PERMIT pursuant to Zoning By-law Section 139-16.C(2) to validate the unintentional side and rear yard setback intrusions of an existing tennis court. SIGNATURE PAGE TO FOLLOW 4 Assessor's Map 75, Parcel 31 Certificate of Title 2435 91 Low Beach Road L Q* Limited Use General 3 (LUG-3) Llidd:OtirtrPtEltirl\No51M4365 Dated: 11 10 ,2016 ill Es .rd Toole r / Kerim , oseatac j dj\N- MIN . . Mondani 7 ) -Geoff Thayer / ' t , ', - i t—__,-.r" Mark %/Z 4/t/ / --.7 Poor(Opposed) COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the IOC day of No veer , 2016, before me, the undersigned notary public, personally appeared M ar k Hoar , 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 sig -• the foregoing inst/s ent voluntarily for the purposes therein expressed. Off cial Signature and Seal of No try Public x 7----„ ,,� DORIS C.STRANG My commission expires: 10\art 202.0 � . W y td r, ; Notary Public as: " I t r' Massachusetts x Commission Expires Oct 9,2020 5 "EXHIBIT A" CURRENT ZONING CLASSIFICATION: Limited Use General 3 (L.U.G.-3) Existl g; MINIMUM LOT SIZE: 120,000 S.F. 156,430 S.F.f BUILDING LOCATION PLAN MINIMUM FRONTAGE: 200 FT. SEE PLAN FRONT YARD SETBACK: 35 FT. SEE PLAN OF LAND IN REAR/SIDE DVTBgCK: 20 FT. SEE LAN NANTUCKET, MA 75-31.4 N/F SCALE: 1"= 50' DATE: APRIL 15, 2016 SCONSET TRUST, INC. NINTEY—ONE LOW BEACH o. Owner ROAD NOMINEE TRUST 0 LOT 912 227'p9' H- Cert. of Title: .#?4350• plan: •L;C;C..5004-65 • ■ 9 f WOOD AND Locus• 91 LOW BEACH ROAD ' WIRE FENCE BLACKWELL &ASSOCIATES, Ino. 15.4' Professional Land Surveyors . 20 TEASDALE CIRCLE -o NANTUCKET, MASS. 02554• TENN� COURT 0)". (508) 228-9026 4' • WOOD AND • WIRE FENCE • 23.6' . m EXIST a' POOL `t EQUIPMENT B N W EXIST 2 STY. '1 .s® v. W1381 DWELLING F.t f —� 57,1' , I. EXIST 2 STY. E 75-31.3 • W/F DWELLING / 1 c� 3,182 S.F.t NEMIROVSKY, TR. EXIST 57.3' \ q. STONE �� r�u� �ti 1 WALL -0 C, -0 g'_.-- ) \X EXIST. �r �I °�� S A. \� W/F P� 1■y // \STRUCTURE e \98S.F.± lb 7N/F 1 \m\ 9,�% 'I II. WEINROTH t.n QOR \ � -, \c-33\ \\ s- \I\ \\ { 31 ^ \� ��.‘J 9'x20' \c, `�,\,—PARKING \ I o\ ,<•.'Q- SPACE (TYP.) \\ o_\ \\ /, I __\,.;.1\ \\ 7 \k\ \\ / e \o\ \\ / /.� ',1\ 7 00 lc// THIS PLOT PLAN WAS PREPARED FOR THE TOWN \�\ Za0 / .VOV OF NANTUCKET BUILDING DEPARTMENT ONLY AND \�\ • 7 '¢ SHOULD NOT BE CONSIDERED A PROPERTY LINE v{ SURVEY. THIS PLAN SHOULD NOT BE USED TO \ \ 7 ,�C,� ESTABLISH PROPERTY LINES, FENCES, HEDGES OR / /.(�Q� ANY ANCILLARY STRUCTURES ON THE PREMISES. \ N ' THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS PLANS OF THIS PL TDPLAN IS NOT A CCERTIFICATION AS TO 7 yo LEGEND TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. 7 . OWNERS OF ADJOINING PROPERTIES ARE SHOWN 7 .7 — — DENOTES EXIST. DIRT TRACK ACCORDING TO CURRENT ASSESSOR RECORDS. /' /• / • TP DENOTES EXIST. TELEPHONE PEDESTAL ASSESSOR MAP 75 PARCEL' 31 / ❑ E DENOTES EXIST. ELECTRIC TRANSFORMER •R. 0 DENOTES EXIST. WELL T:\KEN 26 JOB 10 B7609 V:\DRAWF1LES\8,7344\BLP.dwg 6/15/2011 :43:16 PM'ROT /