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Home My WebLink About21-16 9 Fulling Mill RoadVATJGHAN, DALE, HUNTER AND BEAUDETTE Eleanor Antonietti Zoning Administrator Nantucket Zoning Board of Appeals 2 Fairgrounds Road Nantucket, MA 02554 Re: Request for Determination that No Relief is Required, Special Permit or Variance Relief 2013 Freedom Trust 9 Fulling Mill Road, Nantucket, AM 02554 Map 27 / Parcel 25 Dear Eleanor: IVimAM F. xUNTER OFCOUNSEI. ZBA 21 -16 03A13 9102 E I 4A 301330 O11NNYld On behalf of our client, the 2013 Freedom Trust, enclosed please find an Application and Addendum with respect to the property located at 9 Fulling Mill Road, Nantucket, MA 02554. Please note that I reserve the right to supplement this Application with further materials at a later time. Thank you for your help in this matter. Please feel free to call ma should you have questions. Sincerely, Rick Beaudette RPB /Ild Enclosures cc: 2013 Freedom Trust "town Clerk Building Town SI County 16 Broad St Nantucket, MA 02564 F — — vial _ _ PROFESSIONAL CORPORATION ATTonNF,YS AT LAw lftuma's LANE P.O. Box G59 EQWARD FOLEY VAuGHAN NANTuc=, MASSACHUSETTS 02554 KEviN F. DALE RICHARDP. BEAUDMTB TFT.1508)228 -4455 FAM [5081228.3070 Lom D 'EuA BRYAN J. SWAIN May 12, 2016 Eleanor Antonietti Zoning Administrator Nantucket Zoning Board of Appeals 2 Fairgrounds Road Nantucket, MA 02554 Re: Request for Determination that No Relief is Required, Special Permit or Variance Relief 2013 Freedom Trust 9 Fulling Mill Road, Nantucket, AM 02554 Map 27 / Parcel 25 Dear Eleanor: IVimAM F. xUNTER OFCOUNSEI. ZBA 21 -16 03A13 9102 E I 4A 301330 O11NNYld On behalf of our client, the 2013 Freedom Trust, enclosed please find an Application and Addendum with respect to the property located at 9 Fulling Mill Road, Nantucket, MA 02554. Please note that I reserve the right to supplement this Application with further materials at a later time. Thank you for your help in this matter. Please feel free to call ma should you have questions. Sincerely, Rick Beaudette RPB /Ild Enclosures cc: 2013 Freedom Trust "town Clerk Building Town SI County 16 Broad St Nantucket, MA 02564 F — — vial _ _ Fee: $450.00 l s (J v PLANNING OFFICE MAY 13 2016 RECEIVED TOWN OF NANTUCKET BOARD OF APPEALS Town Clerk NANTUCKET, MA 02554 16 Br ad Stns Building Nantucket, MA 02654 APPLICATION,__ _ File No. 21 -16 Owner's name(s): 2013 Freedom Trust Mailing address: c/o Vaughan, Dale, Hunter & Beaudette, P.C., 2 Whalers Ln., P.O Box 659, Nantucket, MA 02554 Phone Number: 508 - 228 -4455 g_Mafl: rick @vdhlaw.com; lori @vdhlaw.com Applicant's name(s): same Mailing Address: same Phone Number: same E -Mail: same Locus Address: 9 Fulling Mill Road Assessor's Map /Parcel: 27 / 25 Land Court Plan /Plan Book & Page /Plan File No.: Lot 3 on Land Court Plan 14311 -K COT Deed Reference /Certificate of Tide: 24287 Zoning District LUG - 3 Uses on Lot - Commercial: None Yes (describe) Residential: Number of dwellings Duplex Apartments Date of Structure(s): all pre -date 7/72 or Building Permit Numbers: Previous Zoning Board Application Numbers: 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 applying for: See Addendum, attached hereto. 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 /Attorney /Agent* *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 Nvith Town Clerk._ /_/_ Planning Board:—L/_ Building Dept.:—/—/— By:^ Fee deposited with Town Treasurer:—/—/_ By:� Waiver requested: — Granted:_/_ /^ Hearing notice posted with 'Town Clerk: -/ —/— Mailed:—/—J- k—/—/— Hearing(s) held on:_ /_ /— opened on :,J_%_ Continued to:_ /___/_ Withdrawn .-_ /_ /_ Decision Due By:_/_./^ Filed w /Town Clerk:—/—/— A-iaiied:_f _/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508- 228 - 7298 facsimile ADDENDUM — 9 Fulling Mill Road Applicant, the 2013 Freedom Trust, is the owner of the property located at 9 Fulling Mill Road, Nantucket, Massachusetts 02554 (the "Premises "). Applicant seeks a determination that no relief is required, or, Special Permit Relief under Section 139- 33(2), or, in the alternative, Variance Relief pursuant to Section 139 -32 of the Nantucket Zoning By -Law (the "By- Law "), The Premises is located in the LUG -3 zoning district and is shown as Lot 3 on Land Court Plan 13311 -K. The Premises is pre- existing non - confirming as to ground cover, having a ground cover ratio of 6.9% where 3% is permitted. The existing and proposed plans for the Premises, prepared by Blackwell and Associates as well as Design Associates Inc. (the Plans), are attached hereto as Exhibit A. As shown on the Plans, the guest house contains a "generator shed" underneath the deck specifically designed and intended for the installation a generator. The understanding at the time the Plans were permitted was that this underground and unenclosed space did not contribute to ground cover on the Premises and, therefore, was not included in the ground cover calculations. The Applicant recently learned that in order to function safely and ventilate properly, the generator requires a more enclosed space with strategically placed vents. As a result, the Applicant is seeking permission to construct the "proposed generator enclosure ", shown on the Plans, which will involve a rubber layer directly underneath the deck and plywood along the lattice. The proposed changes will be undetectable to the eye and the structure, intended solely for the operation of a generator, will remain substantially underground. Further, the new design will conceal the generator and help to reduce the noise level it creates. Under the By Law, the definition of ground cover is as follows: The horizontal area of a lot covered at grade by structures, together with those portions of any overhangs which contain enclosed interior space; excluding tents, retaining walls, substantially below grade finished or unfinished space ... The proposed generator enclosure is located substantially below grade, and, therefore, should not be included in the ground cover calculations for the Premises. The very nature of the structure is that it is intended to be underground. If not for the sloping topography on the Premises, the structure would be entirely underground and, therefore, the enclosed space for the generator would not contribute to ground cover. Accordingly, the Applicant requests a determination from the Board that the structure is substantially below grade, does not contribute to ground cover and therefore no relief is required to make the proposed changes. In the event that the Board determines that the proposed generator enclosure is not substantially below grade and contributes to groundcover, the structure will increase the ground cover on the Premises from 6.9% to 7 %. Under Section 139 -33(2) of the By -Law: An extension, alteration, or change to an existing structure or a new structure that will result in an increase in the pre- existing nonconforming ground cover ratio of a lot may be allowed through the issuance of a Special Permit, provided that the Special Permit granting authority makes the following findings: (a) The increase in ground cover will not be substantially more detrimental to the neighborhood that the existing nonconformity; (b) The resulting ground cover ratio is consistent with the character of the surrounding neighborhood; and (c) The extension, alteration, or change to the existing structure or new structure is conforming to other dimensional requirements of this chapter. Further, under Section 139 -32 of the By -Law, the Board may grant a Variance where: Owing to circumstances relating to the soil, conditions, shape or topography of such land or structures especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this chapter would involve substantial hardship, financial or otherwise, to the petitioner or appellant, 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. In the event the Board does not permit the proposed generator enclosure, the emissions and noise level created by the generator will create a hardship not only for the Applicant, but also the neighbors. The proposed changes to the structure housing the generator will reduce the noise level and emissions created by the generator and therefore benefit the surrounding neighbors. Accordingly, a Special Permit is warranted because the proposed changes will not be substantially more detrimental to the neighborhood than the existing nonconformity, are consistent with the surrounding neighborhood and the Premises complies with the By -Law in all other respects. Due to the topography of the Premises, namely the slope of the lot, a literal enforcement of the By -Law, in the event that the Board determines that the generator enclosure is not underground, would create a hardship not only to the Applicant but also to the abutting neighbors. The issuance of a Variance under these circumstances may therefore be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent / purpose of the By -Law. In conclusion, the Applicant respectfully request that the Board determine that the proposed generator enclosure is substantially below grade and does not contribute to ground cover on the Premises. In the alternative, if the Board determines that the structure is not substantially underground, the Applicant respectfully requests Special Permit or Variance Relief for proposed changes. EXHIBIT A �.1 *D"Da 2Mvs c,.issrranoh. IIiIDl2 INLW n MEf IIO.000 . fi,Jp7 [F.S VaCMl4 fTfaYnWp 700 R. 'a R.tN Mir.-SEf &�,7C 1 R. 7fE PVx Ri (SSr■,6C 70 R. SEE FIF W�l&ID C01FR R : Si 0.Li 3 Oal �f g0. 1At.>I e++l 1 V6 •Y i�� n �f 2T-N TaN;RW mm rWSr r10 4 -4t a N31, -., OT f u c ,an -.a tr. ,f x 1 L -f9 LLC�f.G c aa,_r I EfMRf6 f t l,"f OF be e1■u !for ocatT C Uft Y.a ry R M 9d A 4 tF M ,f.GVJ1', KOW W Q "M 'fit azfOfa iANUKi of GYS Np1b�s�tOV�AMM 10 �Y/J~,1Na,& R0001'NLS a' Lrs l,{v 00 CR11111r f9asm Dora POLL VXAVR K N ftlYTrO LRO K ` I" s%1 Existing Conditions \` � Site Plan. Nantucket. 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THE BATTLE RESIDENCE "TEAPI). ELEYATIONs A2.1 AL- ja�&l A �a A3.1 77 H I S-GRIC It -F5-V.TI0N IM c.-"v hKl 02 14; c." : 91. Of m "51 FO 6- IM THE BATTLE RESIDENCE I-" �a A3.1 -k /,�, to Town of Nantucket Zoning Board of Appeals RECEIVED BOARD OF ASSESSORS MAY 06 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER ....2013 Freedom Trust ............... I................. c/o VDH &B, PO Box 659, 2 Whalers Ln., Nantucket, MA 02554 MAILING ADDRESS ....................................... ............................... PROPERTY LOCATION..... 9.Fu,14 g Mill Road ASSESSOR MAP/PARCEL ...... 1. / 25 ......................... SUBMITTED BY....... VDH &B, P, C. ............. ............................... SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting propcily, 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 1 I and Zoning Code Chapter 40A, Section 139 -29B (2 ). 2016,_ DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET §q § as E§ § 22 222»222 !! § §n § §Er§§§ A 0[k�)��2{ ■B «, \�N, \�!; ) |Ek] |§\� |§u§ § § §§ ) �■ ■� � § §§ =§§ !20 E �. ■B °r | ®§ §§ §n ( § ■z 2 § 3§ « n § / 2§Elne§ §2 /K2 J ;o -o ,G 2 § §)§(H H -U \ T AU3AV -0 "O" ' uao�ArenennnnAn 27 JAMES MOLLY F TRUSTEE CIO STRAYER EDUCATION 2303 DULLF,S STATION BLVD FL 6 HERNDON, VA 20171 27 SHERIDAN PHILIP H TRST TFKCUTNAN NOMINN TRUST 4831 INDIAN LANE NW WASHINGTON, DC 20016 27 NANTUCKET CONSERVATION FOUNDAT PO 13OX 13 NANTUCKET, MA 02554 27 JOHNSON DAVID If & I IALBOWF;R KATI IRYN S ONE LEXINGTON AVENUE NEW YORK, NY 10010 27 DOUGLASS DAVID L 18 REDBERRY RIDGE PORTOLA VALLEY, CA 94028 27 PERRY FAMILY TRUST 424 MARRETT ROAD LEXINGTON, MA 02421 27 SHERIDAN PHILIP H TRST TEKCUTNAN NOMINEE TRUST 4831 INDIAN LANE NW WASHINGTON, DC 20016 27 FISCHER PROPERTIES LLC 6 WEST CEDAR STREET BOSTON, MA 02108 27 JOHNSTON TODD D & LESLEY L 11 BRISTOL COURT SKILLiMAN, NJ 08558 27 PILLA DEBORAH & VOLPI DAVID 0 1035 PARK AV APT 9A NEW YORK, NY 10028 widn -dod plogaj ei joigAgi j ap ul ;e aantP84 el @ zalldaa 27 COE RICIIARD L & ELLEN 8 FULLING MILL RD NANTUCKET, MA 02554 27 JOHNSON DAVID H & HALBOWER KATHRYN S ONE LEXINGTON AVENUE NEW YORK, NY 10010 luawa6JEW ap suas 0 100 1 AN `)WOA M3N WINHAV NOIDNIX3'I 3N0 S NAIHlV?113AkOfflVH 79 H GIAV(I ROSNHOf LZ VSSZO VNI `I3)iDn.LRVN GI'I'IIW ONI [`Ind 8 GIVHDII 30D LZ sons ®Jli my wege6 of zesimn ,paled g Selpe; SoUenb►}l 8Z001 AN `51210.1 AMER V6 JAV AV -IIt'd S£OI 0 CIIAV(I Id'IOA ?8 HV1083(I V"I ltd LZ 85580 fR `NVIVI'11)IS IInoD'lo.I.sI1811 'I A3'IS3'I v Q 0001 NOISNHOf LZ 801ZO VW `NO.LS00 .LR1H,I,SIV(I3D. 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NN )MAV fIZVH ,Y H G1AVG NO' \MOf LZ tSSZO VIN `laNDI i•NVN £I N :AIOd .I.VGNf10d NOI.LVAI3SROD 13ND1" I.NVX' t.Z 91002 DG `NO.LE)NI I -svm A1N 3NV"I NVI(P ' 10 V ISf12LL NNIWON NVN.Lf is N JI .I.S'dl H dl'IIHd NV(-U IHS LZ ILIOZ VA `NOl: N1 310 9 I GA-18 NOLLVIS S3"1'In,l £0£Z NOI.LVDnua 131kVI : s ODD 33.LSflII d A, I'IOINI :INIVf LZ T ®09L5 ®A�13Ad Nle6p dl) asodxe `., jaded peal r ®09Ls aleldulel &aAV 8511 of 8100 6uoip puaa ♦ ; slage'I ®teed A503 27 JAMES MOLLY F TRUSTEE C/O STRAYER EDUCATION 2303 DULLES STATION BLVD Fl, 6 HERNDON, VA 20171 27 SHERIDAN PHILIP 11 TRST TEKCUCNAN NOMINN TRUST 4831 INDIAN LANE NW WASI IINGTON, DC 20016 27 NANTUCKET CONSERVATION FOUNDAT PO BOX 13 NANTUCKET, MA 02554 27 JOHNSON DAVID H & HALBOWER KATHRYN S ONE LEXINGTON AVENUE NEW YORK, NY 10010 27 DOUGLASS DAVID L 18 REDBERRY RIDGE .PORTOLA VALLEY, CA 94028 27 PERRY FAMILY TRUST 424 MARRETT ROAD LEXINGTON, MA 02421 27 SHERIDAN PIIILIP II TRST TEKCUTNAN NOMINEE TRUST 4831 INDIAN LANE NW WASHINGTON. DC 24016 27 FISCHER PROPERTIES LLC 6 WEST CEDAR STREET BOSTON, MA 02108 27 JOHNSTON TODD D & LESLEY L I tBRISfOL COURT SKILLMAN, NJ 08558 27 PILLA DEBORAH & VOLPI DAVID O 1035 PARK AV APT 9A NEW YORK, NY 10028 27 COE RICHARD L & ELLEN 8 FULLING MILL RD NANTUCKET, MA 02554 27 JOHNSON DAVID 11 & HALBOWER KATHRYN S ONE LEXINGTON AVENUE NEW YORK, NY 10010 ,E�pNTUC/,�T Al r _ � ycO9po�o`�1� 1/ NAi`t #T CKET TOWN CLERK;. 2016 JUL -7 PM 3:40 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: July 7, 2016 To: Parties in Interest and Others concerned with the Decision of: The BOARD OF APPEALS in the Application of the following: Application No: 21 -16 Current Owner /Applicant: WILLIAM PIETRAGALLO, II, as Trustee the 2013 FREEDOM TRUST Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing a complaint in Land Court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. 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 27, Parcel 25 9 Fulling Mill Road Limited Use General 3 (LUG -3) DECISION: Certificate of Title No. 24827 Land Court Plan 14311 -K Lot 3 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, June 9, 2016, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of WILLIAM PIETRAGALLO, II, as Trustee of the 2013 FREEDOM TRUST, c/o Vaughan, Dale, Hunter, and Beaudette, PC, 2 Whaler's Lane, PO Box 659, Nantucket, Massachusetts 02554, File No. 21 -16: 2. Applicant is requesting a finding that a proposed generator enclosure is substantially below grade and, therefore, does not contribute towards ground cover. In the alternative, applicant requests either Special Permit relief pursuant to Zoning Bylaw Section 139- 33.A(2) or Variance relief pursuant to Section 139 -32 for a waiver of the ground cover ratio provisions in Section 139 -16. The Locus is situated at 9 Fulling Mill Road, is shown on Assessor's Map 27 as Parcel 25, and as Lot 3 upon Land Court Plan 14311 -K. Evidence of owner's title is registered on Certificate of Title No. 24827 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 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 was no opposition, written and oral, presented at the public hearing. 4. Attorney Richard P. Beaudette represented the Applicant at the hearing. Applicant seeks a finding that no relief is necessary by virtue of a determination that the "proposed generator enclosure" is "substantially underground ", or below grade. The new generator requires installation in a pit to be surrounded by a certain type of enclosure to function optimally. The definition of Ground Cover pursuant to Section 139 -2.A is: The horizontal area of a lot covered at grade by structures, together with those portions of any overhangs which contain enclosed interior space; excluding tents, retaining walls, substantially below grade finished or unfinished space, [ ... J. Should the Board be disinclined to make such a finding, the Applicant is alternatively seeking Special Permit relief pursuant to Zoning By -law Section 139- 33.A(2) to allow renovations resulting in an increase in the pre- existing nonconforming ground cover ratio from the existing 6.9% to the proposed 7 %, where 3% is permitted, all as shown on the plan entitled "Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application of Land in Nantucket, MA ", dated May 12, 2016, and prepared for the 2013 Freedom Trust by Blackwell & Associates, Inc., and attached herewith as "Exhibit A" (Site Plan). 2 5. Attorney Beaudette provided a detailed narrative of the zoning and building history of the property. The property has an approximate lot area of 69,302 square feet and was originally located in the LUG -1 zoning district, where the minimum lot size is 40,000 square feet and the maximum allowable ground cover ratio is 7 %. In 1990, the property underwent a zoning change to be placed in the LUG -3 zoning district where the minimum lot size is 120,000 square feet and the maximum allowable ground cover ratio is 3 %. This zoning change thus rendered the locus pre- existing nonconforming as to lot size and ground cover. However, the Locus complies with the LUG -3 zoning regulations in all other respects. 6. It was further explained that the Applicant recently received building permits from the Nantucket Building Department to renovate the structures upon the Premises. The initial permitted plans reduced the ground cover ratio from 6.9% to 6.8% due, in part, to the creation of a new generator pit connected to the garage which was proposed as an unenclosed space and, therefore, did not count towards ground cover. As the construction progressed, the Applicant was informed that the new generator model requires a fully enclosed space with strategically placed vents to ventilate properly and function safely and efficiently. The "proposed generator enclosure ", shown on the Site Plan, will also help to reduce the noise level and emissions created by the generator. The proposed fully enclosed pit, which contains 187 square feet, will result in a net overall expansion of 69 square feet, causing the ground cover ratio to increase from 6.9% to 7 %. 7. Applicant, through counsel, presented the application and provided photographic evidence of the generator pit prior to construction and as it currently exists. Applicant's HVAC technician, James Gross, testified that the old generator model could only be run properly in an open space outside of the existing pit. Further, the HVAC technician stated that the new generator model requires a fully enclosed space. Applicant also presented evidence that all of the surrounding lots are undersized and in excess of maximum allowable ground cover, thus establishing that the proposed conditions for the Premises are consistent with the character of the neighborhood. The Attorney for a direct abutter also spoke in favor of the application, stating that the alternative of placing the old generator in an open space outside of the pit would be both a visual and sound nuisance and, if installed in that manner, could have a negative impact on the abutters. The attorney did request that the Board subject any relief to a condition which would prohibit the enclosed space from being converted into habitable space. 8. Further supportive testimony was received from another attorney who stated that the application met with all the criteria in By -law Section 139- 33.A(2) which reads: An extension, alteration, or change to an existing structure or a new structure that will result in an increase in the pre- existing nonconforming ground cover ratio of a lot may be allowed through issuance of a special permit, provided that the special permit granting authority makes the following findings: a) The increase in ground cover ratio will not be substantially more detrimental to the neighborhood than the existing nonconformity; b) The resulting ground cover ratio is consistent with the character of the surrounding neighborhood; and c) The extension, alteration, or change to the existing structure or the new structure is conforming to other dimensional requirements of this chapter *. Nota Bene: *The "enclosure" is shown to be sited as close as 16.2' from the northerly side yard lot line where a twenty (20) foot side yard setback distance is typically required. However, pursuant to Section 139- 33.E(2)(a): For a lot within the provisions of this Section 139 -33.E, the dimensional requirements of Section 139 -16A shall apply except as follows: In the LUG -2 and LUG -3 Zoning Districts, the side and rear yard setbacks shall be 10 feet; [ ... I 9. After hearing testimony from the applicant's representatives and the abutting neighbor's attorney, the Board determined that the proposed generator enclosure could not be found to be "substantially below grade finished or unfinished space" and would, as such, contribute towards the overall ground cover calculations. The Board further found that a Variance would not be a suitable type of relief relative to the application and the proposed conditions for which approval is sought. 10. Therefore, the Board finds that such a Special Permit for relief sought by the Applicant pursuant to By -law Section 139- 33.A(2). for the proposed conditions shown on the Site Plan would not be substantially more detrimental to the neighborhood, that the resulting ground cover is consistent with the character of the surrounding neighborhood, and that the Premises will comply with the LUG -3 zoning regulations in all other respects. 11. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals grants a SPECIAL PERMIT for the relief sought by the Applicant pursuant to Zoning By -law Section 139- 33.A(2). for the proposed conditions shown on the Site Plan, a copy of which is attached hereto as "Exhibit A ". Said relief is subject to the following conditions: a. Any future zoning shed, in order to be considered exempt from counting towards ground cover calculation upon the premises, shall contain no more than 131 square feet. b. The owner shall be prohibited from converting the proposed generator enclosure into habitable space without further relief from this Board. SIGNATURE PAGE TO FOLLOW 4 Assessor's Map 27, Parcel 25 9 Fulling Mill Road Limited Use General 3 (LUG -3) Dated: Uri , 2016 Nantucket, ss Certificate of Title No. 24827 Land Court Plan 14311 -K COMMONWEALTH OF MASSACHUSETTS On the I day of , 2016, before me, the undersigned notary public, personally appeared , one of the above -named members of the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged th he signed the foregoing instrument voluntarily for the purposes therein expressed. 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