HomeMy WebLinkAbout42-16 9 Hallowell Lane decision logged in 1/13/2017Fee: $450.00
NANTUCKET
TOWN CLERK
2016 NOY 28 PM 2: 11
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
NOV 15 2016
c v� iCc30
BY
File No. 1l -16
Owner's name(s): Nancy Colson
Mailing address: c/o Reade, Gullicksen, Hanley, Gifford & Cohen, LLP
6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584
Phone Number: 508 - 228 -3128 E -Mail: air @readelaw.com
Applicant's name(s): Same
Mailing Address: Same
Phone Number: Same E -Mail: Same
Locus Address: 9 Hallowell Lane Assessor's Map /Parcel: 30 -14, 15 and 257
Land Court Plans 12022 -B, Lot 30 -A; 12022 -Q, Lot 47; 12022 -H, unregistered land shown as
"Martha D. MacCorkendale" Zoning District R -20
Deed Reference Book 350, Page 225 (unregistered) Certificate of Title: 14549 (registered)
Uses on Lot- Commercial: None Yes (describe)
Residential: Number of dwellings' Two Duplex Apartments
Date of Structure(s): all pre -date 7/72 or
Building Permit Numbers:
Previous Zoning Board Application Numbers: 056 -83; 073 -90; 036 -10
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
F: \shared \WpC \COLSON \ZEA App for 12- 2016.do
State below or attach a separate addendum of specific special permits or variance relief applying for:
The applicant proposes to demolish or remove the existing principal
single - family dwelling upon locus, and to replace it with a new
principal single- family dwelling. The area of this waterfront lot
fluctuates with shoreline changes; the lot area in 2000 was about
31,070 square feet; more recently, lot area has been calculated at
about 28,050 square feet. At present, the ground cover of the
existing structures, consisting of the principal dwelling and a
secondary dwelling (which is to remain) is about 3,846 square feet,
for a ground cover ratio of about 13.7% on the basis of 28,050
square feet of lot area; 12.5% is the maximum under Nantucket
Zoning By -law §139 -18 in this Residential -20 zoning district. The
existing ground cover exists as a result of a Special Permit issued
by the Board of Appeals in File No. 036 -10, which found the then -
existing conditions upon locus to be pre- existing and nonconforming
with zoning requirements, and authorized an expansion of 60 square
feet in connection with the replacement of the secondary dwelling,
which was constructed and a Certificate of Occupancy issued. The
existing principal dwelling is nonconforming as to front yard
setback, being sited about 29.7 feet from the front lot line, with
minimum front yard setback in the R -LA district being 30 feet. The
applicant proposes that the replacement structure will comply with
all setback requirements. Accordingly, the applicant seeks relief
consisting of:
(a) Modification of the Special Permit in File No. 36 -10,
to permit the replacement of the principal dwelling with total
ground cover upon locus not to exceed 3,860 square feet as set
forth in that decision;
(b) A Special Permit under Zoning By -law §139- 33.A(4), for
removal and reconstruction of a pre- existing, nonconforming
structure in excess of the permitted ground cover upon locus.
In addition, and to the extent necessary, the applicant requests
relief from the parking requirements set forth in Zoning By -law
§139 -18, which require two spaces for the principal dwelling and
one for each of the two bedrooms in the secondary dwelling in the
R -20 district, for a total of four. At present, and in conformity
with previously- existing requirements, there are three parking
spaces provided, and there is no change to the uses upon locus.
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: Nancy Colson Owner*
By: 4 SIGNATURE: / Appliean
Ar hur I. Reade, Jr.
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
F: \shared \WpC \COLSON \LBA App for 12-2016.do
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
F: \shared \WpC \COLSON \ZHA App for 12- 2016.do
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MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
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presented on this map.
Parcels updated December, 2014
Properties updated 11/15/2016
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CURRENT ZONING: R -2 EXISTING CONDITIONS PLOT PLAN TO
MINIMUM LOT SIZE: 20,000 sf ACCOMPANY APPUCATION TO ZBA IN
MINIMUM FRONTAGE: 75 ft
NANTUCKET, MASSACHUSETTS
FRONTYARD SETBACK: 30 ft
SCALE: 1 " =30' DATE: OCT 26, 2016
SIDE AND REAR SETBACK: 10 ft
ALLOWABLE G.C.R.: 12.5%
DEED REFERENCE: LC CERT.# 14549
EXISTING G.C.R.: 13.8 %±
and DEED BK 350, PAGE 225
(SEE SPECIAL PERMIT RECORDED AS LC DOC 133365)
PLAN REFERENCE: LC PL 12022 —H
EXISTING G.C. MAIN HOUSE: 3290 ±SF
and LC PL 12022 —Q
EXISTING G.C. 2ND DWELLING: 566± SF
ASSESSOR'S REFERENCE:
(ground cover estimated to foundation)
MAP: 30 PARCELS: 14, 15, & 257
PREPARED FOR: NANCY COLSON
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD,
EMACK SURVEYING, LLC
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
2 WASHAMAN AVENUE
THIS PLAN IS NOT REPRESENTED TO BE A TITLE
EXAMINATION OR A RECORDABLE SURVEY.
NANTUCKET, MA. 02554
N.B. 09/90
(508) 325 -0940 J -399
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NOTE:
DWELLING TO CONFORM TO
CURRENT ZONING REQUIREMENTS WITH
RESPECT TO FRONT YARD SETBACK.
CURRENT ZONING: R -2
MINIMUM LOT SIZE: 20,000 sf
MINIMUM FRONTAGE: 75 ft
FRONTYARD SETBACK: 30 ft
SIDE AND REAR SETBACK: 10 ft
ALLOWABLE G.C.R.: 12.5%
PROPOSED G.C.R.: 13.7%±
(SEE SPECIAL PERMIT RECORDED AS LC DOC 133365
PROPOSED G.C. MAIN HOUSE: 3280± SF
EXISTING G.C. 2ND DWELLING: 566?' SF
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.
N.B. 09/90
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PROPOSED CONDITIONS PLAN TO
ACCOMPANY APPLICATION TO ZBA IN
NANTUCKET, MASSACHUSETTS
SCALE: 1 " =30' DATE: OCT 26, 2016
DEED REFERENCE:LC CERT.# 14549
and DEED BK 350, PAGE 225
PLAN REFERENCE: LC PL 12022 —H
and LC PL 12022 —Q
ASSESSOR'S REFERENCE:
MAP: 30 PARCELS: 14, 15, & 257
PREPARED FOR: NANCY COLSON
EMACK SURVEYING, LLC
2 WASHAMAN AVENUE
NANTUCKET, MA. 02554
(508) 325 -0940 J -399
Town of Nantucket
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
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PROPERTY OWNER... , Qn.. G.. �. s'.c' ..................... . .... . . . ... . ... .
MAILING ADDRESS..,, c/o Reade, ; Gullicksen, Hanley.;.& Gifford, LLP
PROPERTYLOCATION,.!�..H gzLloWctl La,,-r-
...................... ................
ASSESSOR MAP/PARCEL.. 3°' ► �l ►5 25 �. (Q s s11r-17 10.i r. Pc„a t 1
SUBMITTED BY......... Reade, Gullicksen, Hanley & Gifford, LLP
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).
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DATE
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ASSESSOR'S OFFI
TOWN OF NANTUCKET
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SUNSET HOUSE LLC
535 CHESTNUT ST #210
CHATTANOOGA, TN 37402
30
PETERS KIM M TRST
NANTUCKET PROPERTY TRST
16 LAUREL DR
SCITUATE, MA 02066
30
LITTLE POINT ACQUISITION CO LLC
165 MOASON STREET 3RD FL
GREENWICH, CT 06830
30
COLSON NANCY
179 TACONIC RD
GREENWICH, CT 06831
30
ROGERS HOPE SCOTT ETAL
308 E 79TH ST APT 10 L
NEW YORK, NY 10075
30
BRESLER RON TRST
26 GOSNOLD NOMINEE TRUST
50 SCOLLARD STREET
TORONTO ONTARIO, . M5R I E9
30
HANSEN ANITA M TRST ETAL
350 YERBA SANTA AVE
LOS GALTOS, CA 94022
30
NANTUCKET ISLANDS LAND BANK
22 BROAD ST
NANTUCKET, MA 02554
30
HOPKINS WILLIAM F CPA TRUSTEE
20 VILLAGE DRIVE
NEW CANAAN, CT 06840
30
JOHNSON DAVID B TRST
TWO E HALLOWELL LN NOM TRST
4407 IRAQUOIS AVE
NASHVILLE, TN 37205
30
ROGERS HOPE SCOTT ETAL
308E 79TH ST APT 10 L
NEW YORK, NY 10075
30
COLSON NANCY
179 TACONIC RD
GREENWICH, CT 06831
30
LITTLE POINT ACQUISITION CO LLC
165 MASON STREET3RD FLR
GREENWICH, CT 06830
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- ' TOWN OF NANTUCKET �y G
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
co
Date: January 13, 2017
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No. s : 042-16
Current Owner/Applicant: NANCY COLSON
Property Description 9 Hallowell Lane
Map 30 Parcels 14, 15, and 257
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 30, Land Court Plans 12022-B,
Parcels 14, 15 and 257 Lot 30-A; 12022-Q, Lot 47;
9 Hallowell Lane 12022-H, unregistered land "Martha D. MacCorkendale"
Residential-20 Certificate of Title No. 14549;
deed, Book 350, Page 225
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, December
8, 2016, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of NANCY COLSON, c/o Reade, Gullicksen, Hanley &
Gifford, LLP, Post Office Box 2669,Nantucket, Massachusetts 02584, File No. 42-16:
2. Applicant is seeking modification of prior Special Permit and new Special Permit relief
pursuant to Nantucket Zoning By-law §139-33.A to allow removal and reconstruction of a pre-
existing nonconforming dwelling in excess of the permitted ground cover. The siting of the
proposed new dwelling will cure the nonconforming front yard setback and the pre-existing
nonconforming ground cover will be reduced. The Locus is situated at 9 Hallowell Lane, is
shown on Assessor's Map 30 as Parcels 14, 15, & 257, (together constituting a single lot), being
the parcels shown on Land Court Plan 12022-B as Lot 30-A, on Land Court Plan 12022-Q as Lot
47, and on Land Court Plan 12022-H as unregistered land of "Martha D. MacCorkendale".
Evidence of owner's title is registered on Certificate of Title No. 14549 and in Book 350, Page
225 on file at the Nantucket County Registry of Deeds. The site is zoned Residential 20 (R-20).
3. Our decision is based upon the application and accompanying materials, and
representations and testimony received at our public hearing. There was no Planning Board
recommendation, on the basis that no matters of planning concern were presented. There was no
opposition, written or oral, to the application.
4. Applicant proposes to demolish or remove the existing principal single-family dwelling
upon locus, and to replace it with a new principal single-family dwelling. Accordingly, the
applicant seeks relief consisting of:
(a) Modification of the prior Special Permit issued by the Board of Appeals in File
No. 36-10, registered with the Nantucket County District of the Land Court as Document
133365, to permit the replacement of the principal dwelling with total ground cover upon locus
not to exceed 3,860 square feet as set forth in that decision;
2
(b) A Special Permit pursuant to Zoning By-law §139-33.A(4), which reads:
Removal and reconstruction of any or all of the preexisting nonconforming structure(s), or any
portion(s) thereof in excess of the permitted ground cover ratio upon a lot, shall be allowed by
special permit,provided that:
(a) Such special permit shall have been issued prior to the removal of the preexisting
nonconforming structure(s), or any portion(s) thereof
(b) (Reserved)
(c)All reconstructed structure(s), or portion(s) thereof shall conform to all applicable
front, rear and side yard setback requirements; unless relief is granted under separate
provisions of this chapter; and
(d) The special permit granting authority shall have made the finding that the result of
the proposed removal and reconstruction shall not be substantially more detrimental to
the neighborhood than the existing nonconforming structure and/or use.
5. The area of this waterfront lot fluctuates with shoreline changes. In 2000, the lot area was
approximately 31,070 square feet; more recently, it has been calculated at approximately 28,050
square feet in the R-20 zoning district where minimum lot size is 20,000 square feet. At present,
the ground cover of the existing structures, consisting of the principal dwelling and a secondary
dwelling (which is to remain), is approximately 3,856 square feet, for a ground cover ratio of
roughly 13.8% on the basis of 28,050 square feet of lot area; 12.5% is the maximum pursuant to
By-law §139-16 in R-20. The existing ground cover is a result of the above-referenced Special
Permit which found the then-existing conditions upon locus to be pre-existing and
nonconforming with zoning requirements, and authorized an expansion of sixty (60) square feet
in connection with the replacement of the secondary dwelling, which was constructed and a
Certificate of Occupancy issued. The existing principal dwelling is nonconforming as to front
yard setback, being sited approximately 29.7 feet from the southerly front yard lot line, with
minimum front yard setback in the R-20 district being thirty (30) feet.
6. The applicant proposes that the replacement structure will comply with all setback
requirements, as shown on plan entitled, "Proposed Conditions Plan to Accompany Application
to ZBA in Nantucket, Massachusetts", prepared by Emack Surveying, LLC, and dated October
26, 2016, a reduced copy of which is attached herewith as "Exhibit A". Historic District
Commission approval has been obtained for the proposed work.
7. Based upon the facts set forth above, as presented by counsel to the applicant, the Board
made the finding that the demolition and replacement of the existing primary dwelling upon
locus, as proposed, would not be substantially more detrimental to the neighborhood than the
existing nonconforming structure; in fact, it would be less detrimental, since the front yard
setback nonconformity would be eliminated.
8. Accordingly, by UNANIMOUS vote, the Board of Appeals granted the requested relief
by SPECIAL PERMIT pursuant to By-law §139-33.A(4), and modification of a prior Special
Permit in File No. 36-10, to allow removal and reconstruction of the pre-existing, nonconforming
structure in excess of the permitted ground cover upon the locus.
SIGNATURE PAGE FOLLOWS
3
Assessor's Map 30, Land Court Plans 12022-B,
Parcels 14, 15 and 257 Lot 30-A; 12022-Q, Lot 47;
9 Hallowell Lane 12022-H, unregistered land "Martha D. MacCorkendale"
Residential-20 Certificate of Title No. 14549;
deed, Book 350, Page 225
Dated: January /�, 2017
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Geoffrey Thayer
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss.
On the i 2 day of V anus , 2017, before me, the pursuant signed notary public,
personally appeared E...ci wa roil'S:rob le , 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.
MA �/y , sss -°,c,<< DORIS C.STRANG
l�K —�� Notary Public
otar Public: Massachusetts
My Commission Expires: L. •� Commission Expires Oct 9.2020
c -kbe- 9� 202.6 -,. .
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NOTE: • FlVD
DWEWNG TO CONFORM TO
CURRENT ZONING REQUIREMENTS WITH PROPOSED CONDITIONS PLAN TO
RESPECT TO FRONT YARD SETBACK.
CURRENT ZONING: R-2 ACCOMPANY APPLICATION TO ZBA IN
MINIMUM LOT SIZE: 20,000 sf NANTUCKET, MASSACHUSETTS
MINIMUM FRONTAGE: 75 ft SCALE: 1"=30' DATE: OCT 26, 2016
FRONTYARD SETBACK: 30 ft
SIDE AND REAR SETBACK: 10 ft DEED REFERENCE:LC CERT.# 14549
ALLOWABLE G.C.R.: 12.5% and DEED BK 350, PAGE 225
PROPOSED G.C.R.: 13.7%+ PLAN REFERENCE: LC PL 12022—H
(SEE SPECIAL PERMIT RECORDED AS LC DOC 133365) and LC PL 12022—Q
PROPOSED G.C. MAIN HOUSE: 3280±SF ASSESSOR'S REFERENCE:
EXISTING G.C. 2ND DWELLING: 566±SF MAP: 30 PARCELS: 14, 15, & 257
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN PREPARED FOR: NANCY COLSON
RELIES ON CURRENT DEEDS AND PLANS OF RECORD. EMACK SURVEYING, LLC
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. 2 WASHAMAN AVENUE
THIS PLAN IS NOT REPRESENTED TO BE A T111.E NANTUCKET, MA. 02554
EXAMINATION OR A RECORDABLE SURVEY.
N.B. 09/90 (508) 325-0940 J-399