The URL can be used to link to this page

Home My WebLink About32-16 45 Quidnet RoadFee: $450.00 NANTUCKET TOWN CLERK 2016 AUG - I PM 3: 49 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Zoning Board of Appeals 'UL 2 0 2016 RECEIVED File No. 32 -16 Owner's name(s): Alan. A. Shuch, as Trustee of the Ann F. Shuch Qualified Personal Residence Trust Mailing address: clo Sarah F. Alger, Attorney, 2 South Water Street, Nantucket, MA 02554 Phone Number: 508 - 228 -1118 F -Mafl: sfa @sfapc.eom Applicant's name(s): Same as above Mailing Address: Same as above Phone Number: Same as above g- Locus Address: 45 Quidnet Road Assessor's Map /Parcel: Map 21, Parcel 21 Land Court Plan /Plan Book & Page /Plan File No.: Lot 23, Land Court Plan 8853 -L Deed Reference/ Certificate of Title: 21927 Zoning Dis Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwellings 2 Duplex R -20 Apartments Date of Structure(s): all pre -date 7/72 or Building Permit Numbers: 10574 -94, 11168 -94, 11169 -94, 11627 -94, 11793 -95, 12781 -95, 286 -00, & 287 -00 Previous Zoning Board Application Numbers: 007 -96 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: Citvner* SIGNATURE: WZ-7/1 Applicant /Attomey /Agent* rah F. Alger,bdtorney for Alan huch, as Trustee as aforesaid er qr he *If t is re reentn the Ow tA p- hc please pro si ed foof of a enc . P g 9 OFFICE USE ONLY Application received on:_ /_ /_ By: Complete: Need Copies: Filed with Town Clerk:-J-/_ Planning Board:-/-/- Building, Dept.:-/-/- By:_ Fee deposited with Town Treasurer:_/_/_ By:_ Waiver requested: Granted:_ /_ /_ Hearing notice posted with Town Clerk:-/-/— ivlailed:_ /_ /_ I&M_ /,J_, &_/ —/_ Hearing(s) held on:—/—/— Opened on i_ /_/_ Continued to:—/—/— Withdrawn:_/ -J_ Decision Due By:—/—/— Made:_.. /_/_ Filed w /Town Clerk:_/_ /_ Mailed:—/—/— 2 Fairgrounds Road. Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508- 228 -7296 facsimile Addendum (Alan A. Shuch, Trustee, 45 Quidnet Road, Nantucket, Massachusetts) Applicant seeks a special permit under By -law §139-33 (A) (1) (a) to extend, alter, or change a pre - existing, non - conforming ancillary structure used as a studio and beach changing area by raising it up above the flood plain so that it no longer floods and adding stairs necessary for access. To the extend necessary, Applicant also seeks a modification of the Board's decision in File No. 007 -96 to allow for such work_ The locus is located at 45 Quidnet Road, is shown on Nantucket Tax Assessor's Map 21 as Parcel 21, is shown as Lot 23 on Land Court Plan 8853 -L, and is located in the Residential- Twenty zoning district. I own ana c-ounry OT NantuCKet, MA 27.26.1 +� '41 2126.5 41' 2126.4 5 3r � Go g'e Property Information Property 21 21 ID Location 45 QUIDNET RD Owner SHUCH ALAN ATRUSTEE IS 21 143 4 2126.7 2121 45 AUgUSL 1, 1Ulb x '2123 '� Z s 21.87 21142,4_'',5 LP ' X2185 211-2 ? 7 '' Yr " ua �y 2.1083$' 21141 �� 12 9 w•— 21 140 11 i0i x'120 17 17 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 1 "= 134ft� I 3 ?'o AD �UI� o � i z r r I a m m \P -26.5 FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, DHCB VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. 22286 FND THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINA11ON OR A RECORDABLE SURVEY. 1 21 -143 N/F STEPHEN W. & SUSAN C. BURBAGE Lrl al � m \ �I I N 21 -26.4 N/F RICHARD A. & G KATE 0. DOYLE, TR. p �� et al p 21 -141 N/F WILLIAM F. PAULSEN, TRST et al 1 A- 200 �0 0°60 � O O pe ON CIO v "y'��Qo Off' 0i a LnC� to � a 'Y �o I 1 � O 21 -140 p O N/F JOSEPH R. O N O. SEIGER, TR. 00 DHCB GJA o Stud\ \k� FND �$0 31 FDNDB' \A o Q�� pPYR �\ C*\s P N 5( 21 -26.6 O N/F POND HEDGES LLC c0_ et al LOT 23 aT� 172,500 ± SF X -' P�J CA oG O /y 5k,�i. rL0 21 -26.7 �� N/F POND HEDGES LLC \ et al N: 000 �Nv N OT yq�� ROBERT cy k EMACK 1 y No. 37730 c 'Pf6iSTEV" 0,�a Q L AW5 SJ CURRENT ZONING: MIXED: R -2 / LUG -3 MINIMUM LOT SIZE: 20,000 SF / 120,000 SF MINIMUM FRONTAGE: 75 FT / 200 FT FRONTYARD SETBACK: 30 FT / 35 FT SIDE AND REAR SETBACK: 10 FT / 20 FT ALLOWABLE G.C.R.: 12.5% / 3% EXISTING G.C.R.: 3.4%± DWELLING G.C.: 3320 SF COTTAGE G.C.: 550 SF ± GARAGE G.C.: 390 SF± CABANAS G.C.: 2X50 SF =100 SF ± STUDIO G.C.: 1040 SF + STUDIO ON BEACH G.C.: 440 SF + NOTE: ALL STRUCTURES EXCEPTING STUDIO ON THE BEACH ARE LOCATED IN R -20 ZONE. STUDIO ON THE BEACH ACCOUNTS FOR 0.3% GCR. NB 15 /PG 89 PLOT PLAN TO ACCOMPANY APPLICATION TO THE ZONING BOARD OF APPEALS IN NANTUCKET, MASSACHUSETTS SCALE: 1" =100' DATE: JULY 28, 2016 DEED REFERENCE: LC CERT.# 21927 PLAN REFERENCE: LC PL 8853 -L ASSESSOR'S REFERENCE: MAP: 21 PARCEL: 21 PREPARED FOR: ALAN A. SHUCH, TRUSTEE EMACK SURVEYING, LLC 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 J-685 (508) 325 -0940 SH10F,2 Zp 2� 'yCZ 'yam \ �d 21 -140 1A / N/F JOSEPH R. SEIGER, TR. , Al / �H OF Mqs� 0 ROBERT A. ° EMACK o No. 37730 0 TBM: TOP OF 9EGlsa S) e,W� / CB W/ DISK 'VAL LAN�SJ <v� ELEV= 21.29' � 1988 NGVD ro p 5� of b °�tiG / of 6 < \d9� LoQ �`L � ens o n�o 113 t / K /lSgE VG $$/ / 0 �p /os vote 5 in Parch O W ATEF 4- 3 WATER LINE PLOT PLAN TO ACCOMPANY APPLICATION TO THE ZONING BOARD OF APPEALS IN NANTUCKET, MASSACHUSETTS SCALE: 1"=20' DATE: JULY 25, 2016 PREPARED FOR: ALAN A. SHUCH, TRUSTEE LAND COURT PLAN 8853 -L ASSESSOR'S MAP 21 PARCEL 21 I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THE PREMISES SHOWN ON THIS PLAN ARE PARTIALLY LOCATED WITHIN THE AE ZONE, EL. 8 (areas of 1% annual chance of flood) AND PARTIALLY WITHIN THE X ZONE (areas outside 0.2% annual chance flood plain) AS DELINEATED ON THE "FIRM" OF COMMUNITY NO. 250230, MASSACHUSETTS. EFFECTIVE: JUNE 9, 2014, BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. NB 15 /PG 55 SES�C��C�A STUDIO TO BE LIFTED ON TO NEW PIER FOUNDATION. EXISTING FIRST FLOOR ELEV. = 7.0' PROPOSED FIRST FLOOR ELEV.= 10.0' \k X001 od do �vcl Ar / 21 -20 N/F TOWN OF NANTUCKET �SJ 3 JULY 2016 MNW SESACFIACIIA \ �k JUNE 2004 pOND EMACK SURVEYING, LLC 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 J-685 SH2 OF BOARD DECEIVED 11 SESSORS tl' Town of Nantucket JUL `�UL 19 2016 Zoning Board of Appeals- SAW �� MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER.,, Phan A. Shuch, as Trustee of the Ann F. Shuch QPRT ...... ............................... c /o.Sarah F. Alger, P.C. MAILING ADDRESS... Two. South Water.Street,.Nantucket, MA............ PROPERTY LOCATION.. 45.Quidnet Road, Nantucket _ _. ASSESSOR MAP/PARCEL... 21, Parcel 21 SUBMITTED BY... Sarah F. Alger, P.C. 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)- _- DATE AS SOR'S OFFICE TOWN OF NANTUCKET z H H H r0 H W b a u` and z a U U U U U V R a R R R U U p p p q q 0 N H N N a N a 4 N 4 4 w W N N� N N O N N W W W W W d N N r m ❑ p ❑ ❑ N F F F F � VPl N �O �0 J1 N� m A H N ✓1 1.1 N N N O1 O H N N b m N �tf X11 �f1 N N O O O 1"1 O P rf O N 1.1 rl P �!1 N N P Yl O� ONi h N O A !� O ORR a O O O N N r O� O N Oqa N N OQ O O V h O a O O o r N m Oq E £ Z E S £ U O F R Z Z Z Z Q Z U Z fau £ N q p ❑ a 0 U: z a q w z �4 uH N N y F� y� F E W p a x W' pq W WKF ,Z R. O F t>A N O aV 0 Z Z X C U' U' 8 z 8 S. .T. Z. U H N FU' � pQ� G� 2 iG F 0 WW ❑ D D [ O�.. y Uy y Uy O�Fy.'' ggN Z Z Ooo S f F ooZ o o �j 2 7. N y Z z PC 3 .7 R V �] S .7 .1 2 U OWO W H w � p n F 1 m m a q mW a H pp W aa F O V [G a 0YB 2 Wyy (N� swj 4�H77 W Wa yw4] tG ❑q G W �WQ( N r�^Q] O W W N .7 1+G q ri 4 a ri m H OG ❑❑ W a M G � U�pyy� W W U❑ N m m❑ W F rl W 2 a W a a 8 iG F Q F O O NZ H w N WN ° p DD U b A d w N�Ua y ° x m U o O O y �a H KROi N n 2 OOH WN NW H uaQi o U N N b N 01 O Yl N 1� O O P H N N M M .� H rl N r1 m a� .+ m .-� .-� � ul �D m m t•1 H t�l Ml H 1•f N N N P V ✓� yF .7 14 C yy F N z W tFn H 2 2 2 E F F [ fir y N [aa W .i Uy UU rr�S rrtt W �pC E O O 4] Q rWS F aW W Q 40j m F E N a .a F a N W W N� pa ryO� WW R m Wa ( aNte .7 cW� W b H a m w tR Ft�� P Az AT,�, H7ay O C y ay Z H N .4 O ah h S N F ��H77 r•W7l M N O a a ar� W /t �� R [[.�� Kx( IL W w�� p W �7 oL m W .7 ❑ a N U U F S a d ri U (7 WU• U a ia�� N O E O ud' -7 YQU y W OS7 N �o 0 0 H � F y a H F W yH O b Z O P F a W U U U d U a N 3 yF .7 14 C yy F N z W tFn H 2 2 2 E F F [ fir y N [aa W .i Uy UU rr�S rrtt W �pC E O O 4] Q rWS F aW W Q 40j m F E N a .a F a N W W N� pa ryO� WW R m Wa ( aNte .7 cW� W b H a m w tR Ft�� P Az AT,�, H7ay O C y ay Z H N .4 O ah h S N F ��H77 r•W7l M N O a a ar� W /t �� R [[.�� Kx( IL W w�� p W �7 oL m W .7 ❑ a N U U F S a d ri U (7 WU• U a ia�� N O E O ud' -7 YQU y W OS7 N �o 0 0 21 21 21 MASSACHUSETTS AUDUBON SOCIETY MCKEE WILLIAM J JR ETAL SEEMAN ISABELLE PETTIT 153 HUMMOCK POND RD 355 DOVER STREET 8323 SOUTHMEADOW CIRCLE NANTUCKET, MA 02554 WESTWOOD, MA 02090 DALLAS, TX 75231 21 NANTUCKET ISLANDS LAND BANK 22 BROAD ST NANTUCKET, MA 02554 21 NANTUCKET ISLANDS LAND BANK 22 BROAD ST NANTUCKET, MA 02554 21 DEBENEDICTIS DANIELLE P O BOX 880 SIASCONSET, MA 02564 21 DEBENEDICTIS DANIELLE P O BOX 880 SIASCONSET, MA 02564 21 NANTUCKET TOWN OF 16 BROAD ST NANTUCKET, MA 02554 21 SHUCH ALAN A TRUSTEE 15 CENTRAL PARK WEST #26D NEW YORK, NY 10023 21 GARDNER WILLIAM L TRUSTEE AVANT GARDNER NOMINEE TRST 3900 WATSON PL NW APT B -5BC WASHINGTON, DC 20016 21 FLORENCE CHARLOTTE TRST FOUR NAAUMA LANE NOM TRUST 99 LYMAN ROAD CHESTNUT HILL, MA 02467 21 STEWARDSON FAMILY LLC C/O CONNOLLY LIZA 31 WACHUSETT DR LEXINGTON, MA 02421 21 21 DOYLE RICHARD A & KATE 0 TRST ETAI NANTUCKET TOWN OF GO PETER KELLNER 16 BROAD ST 15 JUBILEE PLACE NANTUCKET, MA 02554 LONDON ENGLAND, . SW3 3TD 21 MCKEE WILLIAM J JR ETAL 355 DOVER STREET WESTWOOD, MA 02090 21 POND HEDGES LLC ETAL C/O PETER KELLNER 15 JUBILEE PLACE LONDON, . SWS 3TD 21 POND HEDGES LLC ETAL C/O PETER KELLNER 15 JUBILEE PLACE LONDON ENGLAND, . SW3 3TD 21 DOYLE RICHARD A & KATE 0 TRST 71 HANCOCK STREET BOSTON, MA 02114 21 CLARK HERBERT T III TR ETAL 52 INGHAM HILL ROAD ESSEX, CT 06426 21 21 ALBRIGHT RALPH N JR & SUSANNE TRS'I LANDMANN ROBERT S & SUSAN S 5026 KLINGLE ST 6 SQUAM RD WASHINGTON, DC 20016 NANTUCKET, MA 02554 21 21 KELLNER PETER L & MARIA T TRST BECK GARY W TRUSTEE 15 JUBILEE PLACE QUIDNET NOMINEE TRUST LONDON ENGLAND, , SW3 3TD 8625 BLOME ROAD CINCINNATI, OH 45243 21 HALL BROOKS CHAPMAN TR LAKE VIEW VILLA II NOM TRUST 30 PEACHCROFT DR BERNARDSVILLE, NJ 07924 21 HALL PERRY EDWARDS III ETAL TR 30 PEACHCROFT DR BERNARDSVILLE, NJ 07924 21 MILLER LEON L & ELIZABETH P 1 MILLAY CIRCLE PITTSFORD, NY 14534 -1722 21 JONES RICHARD M 3 HILLSIDE PLACE TARRYTOWN, NY 10591 21 RICKARDS ASSOCIATES 2 CRAWFORD Cl WILMINGTON, DE 19805 -2616 21 WENDY LIPP 27 SPRING HOUSE RD POUND RIDGE, N1 10516 21 SEIGER JOSEPH R TRUSTEE SEIGER NANTUCKET NOMINEE TR 27087 OLD TRACE LN LOS ALTOS HILLS, CA 94022 PAULSEN WILLIAM F TRST ETAL WF PAULSEN 2012 TRUST 408 GREENWICH ST UNIT PH NEW YORK, NY 10013 21 NEWHOUSE JUDITH W TRUSTEE SESACHACHA FAMILY TRUST 600 COCONUT PALM RD VERO BEACH, FL 32963 -3713 21 BURBAGE STEPHEN W & SUSAN C 54 GLEZEN LANE WAYLAND, MA 01778 BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: November 23, 2016 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 32 -16 Current Owner: ALAN A. SHUCH, AS TRUSTEE OF ANN F. SHUCH QUALIFIED PERSONAL RESIDENCE TRUST Property Description 45 Quidnet Road Map 21 Parcel 21 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 Two Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 21, Parcel 21 45 Quidnet Road Residential Twenty (R -20) & Limited Use General 3 (LUG -3) DECISION: Certificate of Title No. 21927 Land Court Plan 8853 -L Lot 23 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, November 10, 2016, at 12:30 PM, (continued from a public hearing held on Thursday, October 13, 2016), in the First Floor Community Room of the Public Safety Facility at Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of Alan A. Shuch, as Trustee of Ann F. Shuch Qualified Personal Residence Trust, pursuant Declaration of Trust dated May 13, 1996, registered with Nantucket Registry District as Document No. 72025, in care of Sarah F. Alger, Attorney, Two South Water Street, Nantucket, Massachusetts 02554, File No. 32 -16: 2. The Applicant is seeking Special Permit relief pursuant Nantucket Zoning By -law (the "By -law ") Section 139- 33(A)(1)(a) to extend, alter, or change a pre- existing, non - conforming ancillary structure used as a studio and beach changing area by raising it up above the flood plain so that it no longer floods and adding stairs necessary for access. To the extent necessary, Applicant also seeks a modification of the Board's decision in File No. 007 -96 to allow for such work. The Locus is situated at 45 Quidnet Road, is shown on Assessor's Map 21 as Parcel 21, and is Lot 23 upon Land Court Plan No. 8853 -L. Evidence of owner's title is registered on Certificate of Title No. 21927 at the Nantucket County District of the Land Court. The Locus is situated in the Residential - Twenty (R -20) and Limited Use General 3 (LUG -3) zoning districts. 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. Letters in opposition and support were submitted prior to the hearing. The Applicant and his attorney, surveyor, contractor, and other representatives spoke in support of the application. 4. The Locus is located in the R -20 and LUG -3 zoning districts. Because the boundary line between the zoning districts divides the Locus and the line does not fall within thirty (30) feet of the lot line, that portion of the Locus that is within the more restrictive LUG -3 zone is governed by the use of land and dimensional requirements of the LUG -3 zone pursuant to By -law Section 139 -5.F. The portion of the Locus where the subject beach cabana is located is entirely within LUG -3 zoning district, and accordingly, the use and dimensional requirements of the I,UG -3 zone apply to this Application. 5. The beach cabana is nonconforming as to side and rear setbacks, having a side yard setback of about 2.7 feet on the east and at times being closer than twenty (20) feet from the pond on the south. In all other respects, the locus conforms to the dimensional requirements of the By -law. 2 6. When the beach cabana was renovated pursuant to the relief granted by this Board in File No. 007 -96, the level of the pond was not an issue. In recent years, however, the level of the pond as well the severity of the storms, particularly in the winter, have increased, making the raising of the structure necessary. 7. As shown on the drawn by Emack Surveying, LLC, dated July 25, 2016, revised September 30, 2016, submitted as part of the application and attached here to as "Exhibit A ", the first floor elevation of the beach cabana is currently at elevation seven (7). The ground is between elevation five (5) and six (6) feet. The highest portion of the ridge of the structure is currently at elevation 20.55, and the height of the structure for zoning purposes is between about fourteen and one -half (14.5) and about fifteen and one -half (15.5) feet. 6. The portion of the Locus where the beach cabana is located is within the AE zone, elevation 8 (areas of 1% annual chance of flood) as delineated on the "Firm" of Community No. 250230, Massachusetts, effective June 9, 2014, by the Federal Emergency Management Agency. Pursuant the current state building code, the first floor of the structure would need to be one (1) foot above the elevation 8 or at nine (9) feet. Pursuant the 9th edition of the state building code, which is scheduled to take effect in 2017, the structure would need to be two (2) feet above elevation 8 or at ten (10) feet. 7. The Applicant proposes to raise the beach cabana three (3) feet. This lift would put the first floor at elevation ten (10), in compliance with the 9th edition of the state building code. The height of the building for zoning purposes would be about eighteen and one -half (18.5) feet, a low, one story building by any standards. At this height, the building would remain just below the level of the bank, and as a result, no views of Sesachacha Pond from Quidnet would be impacted. 8. The project has been granted approvals by both the Conservation Commission, by virtue of Order of Conditions MassDEP File # SE48 -2928, and by the Nantucket Historic District Commission by virtue of Certificate of Appropriateness No. 66579. 9. Pursuant By -Law Section 139- 33(A)(1)(a), this Board is empowered to grant a Special Permit to extend, alter, or change a preexisting, nonconforming structure if it finds that such extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood. Where, as here, an existing structure violates a front, rear, or side yard setback distance, the Board may issue a special permit to allow an extension, alteration, or change to the structure, provided that the nonconforming setback distance is not made more nonconforming and based upon a finding that the extension will not be substantially more detrimental to the neighborhood than the existing nonconformity. 10. Based upon the foregoing and the representations and testimony received at the public hearings, this Board finds that raising the building three (3) feet in its current location, maintaining the existing setback nonconformities (but not becoming more nonconforming), and adding access stairs will not be substantially more detrimental to the neighborhood than the existing nonconformities. 3 11. Accordingly, by a UNANIMOUS vote, the Board of Appeals GRANTS the requested relief by SPECIAL PERMIT pursuant Nantucket Zoning By -Law Section 139- 33(A)(1)(a) to allow the extension, alteration, or change a pre- existing, non - conforming ancillary structure used as a studio and beach changing area by raising it up above the flood plain so that it no longer floods and adding stairs necessary for access subject to the following conditions: a) The applicant shall monitor and maintain the pump in accordance with the above - referenced Order of Conditions granted by the Conservation Commission; and b) The construction shall take place in substantial compliance with the plans approved by the Nantucket Historic District Commission, as may be amended form time to time, and with the above - referenced "Exhibit A ". SIGNATURE PAGE FOLLOWS 4 Assessor's Map 21, Parcel 21 45 Quidnet Road Residential Twenty (R -20) & Limited Use General 3 (LUG -3) Dated: November , 2016. Certificate of Title No. 21927 Land Court Plan 8853 -L Lot 23 Siusan Carthy Michael J. O' a Geoff Thayer M 1c Poor COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the -27_ day of t_Ii0UV_V"6y- , 2016, before me, the pursuant signed notary public, personally appeared Q4,,,,s{ S 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 that he /she signed the foregoing instrument voluntarily for the purposes therein expressed. Notary Public: My Commission Expires: ib 10 OORIS C. STRANG NolarY PUNC Massachusetts .: Commission ExPires Oct 9. 2020 ND �UZ� oNCe 222 g6, DNDCB Zr E � N al A J x "EXHIBIT A" Sheet 1 FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. 111 � 4 21 -143 N/F STEPHEN W. & SUSAN C. BURBAGE a �\ o X10 � —26.5 m \ �I I 21 -26.4 \ O N/F RICHARD A. & G �^ KATE et aOYLE, TR. p \ KJ 21 -141 N/F WIWAM F. PAULSEN, TRST et al 21 -26.6 N/F POND HEDGES LLC et al DHCB�A� U� FND o \to_ cA\ 21 -26.7 N/F POND HEDGES LLC et al \ Wk 51313- ° ° om O O s 'c''OO,°' OOi, ri cc 0 Di o co, a LOT 23 oQ cam\ 172,500 ± SF J <v'�prOry1 O� O° y� G v CURRENT ZONING: MIXED: R -20 / LUG -3 MINIMUM LOT SIZE: 20,000 SF / 120,000 SF MINIMUM FRONTAGE: 75 FT / 200 FT FRONTYARD SETBACK: 30 FT / 35 FT SIDE AND REAR SETBACK: 10 FT / 20 FT ALLOWABLE G.C.R.: 12.5% / 3% EXISTING G.C.R.: 3.4%± DWELLING G.C.: 3320 SF± COTTAGE G.C.: 550 SF ± GARAGE G.C.: 390 SF± CABANAS G.C.: 2X50 SF =100 SF ± STUDIO G.C.: 1040 SF +_ STUDIO ON BEACH G.C.: 440 SF - NOTE: ALL STRUCTURES EXCEPTING STUDIO ON THE BEACH ARE LOCATED IN R -20 ZONE. STUDIO ON THE BEACH ACCOUNTS FOR 0.3X GCR. NB 15 /PG 89 a m �q co a ,y a �, ti ,� a �o 1 I � O 21 -140 N/F JOSEPH R. 0 00- SEIGER, TR. O A / �LA DHCB INN ?*'"o SZP �F C3 $�5 4�,� Of �v f PLOT PLAN TO ACCOMPANY APPLICATION TO THE ZONING BOARD OF APPEALS IN NANTUCKET, MASSACHUSETTS SCALE: 1" =100' DATE: JULY 28, 2016 REVISED SEPT. 30, 2016 DEED REFERENCE: LC CERT.# 21927 PLAN REFERENCE: LC PL 8853 -L ASSESSOR'S REFERENCE: MAP: 21 PARCEL: 21 PREPARED FOR: ALAN A. SHUCH, TRUSTEE EMACK SURVEYING, LLC 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 J -685 (508) 325 -0940 SH10F2 10 •' 2 NON \ `yam `ycz �- VO 21 -140 q / N/F JOSEPH R. SEIGER, TR. ry/V 4O V TBM: TOP OF "� CB W/ DISK 4T ELEV= 21.29' etV�/ 1988 NAVD � g0 5k of 4�0 1 0 .to� 1y b tot' K yoo e Vol? 11ti 6 c�9 X N 8.15' Lo a �p / sea "EXHIBIT A" Sheet 2 5�5�C��C�� STUDIO TO BE LIFTED ON TO MODIFIED FOUNDATION. EXISTING FIRST FLOOR ELEV. = 7.0' PROPOSED FIRST FLOOR ELEV.= 10.0' LANE a yoo �.1. 2�N� PE E k boy 2 i 21 -20 �� 00 N/F TOWN OF iio i NANTUCKET a �1 $6� aec osa 100l P ao °tah O 0 � step � E Qo °i. book 5 WATER JAS 5 i ��2p 3 / 21111 4 VVp� / OpG 0 beach �ISEE VG /fps �lEN /o GeV ' 3 3 sr°0N WATER JULY 2016 LINE �ote< �,�- -- SESACHACHA POND o_ \ �k �3_ I EMACK PLOT PLAN TO ACCOMPANY APPLICATION N°. �xiD o� TO THE ZONING BOARD OF APPEALS IN ��^s I TERM Pali NANTUCKET, MASSACHUSETTS ��N41 RN °SV SCALE: 1 " =20' DATE:JULY 25, 2016 12- { REVISED SEPTEMBER 30, 2016 PREPARED FOR: ALAN A. SHUCH, TRUSTEE LAND COURT PLAN 8853 —L ASSESSOR'S MAP 21 PARCEL 21 I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE THAT EMACK SURVEYING, LLC THE PREMISES SHOWN ON THIS PLAN ARE PARTIALLY LOCATED WITHIN THE AE ZONE, EL 8 (areas of 1% annual chance of flood) 2 WASHAMAN AVENUE AND PARTIALLY WITHIN THE X ZONE (areas outside 0.2% annual NANTUCKET, MA. 02554 chance flood plain) AS DELINEATED ON THE "FIRM" OF 508 - 325 -0940 COMMUNITY NO. 250230, MASSACHUSETTS. EFFECTIVE: JUNE 9, 2014, J-685 BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. NB 15 /PG 55 SH2 OF