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HomeMy WebLinkAbout20-19 115 and 117 Baxter Roadtrt it!Y^�, x ,Z TOWN OF NANTUCKET • R, OF APPEALS NANTUCKET, . • / APPLICATION Fee: $450.00 File No. P —/C?- Owner's name(s): Scott Kelley Mailing address: c/o Cohen & Cohen Law PC, 34 Main Street Phone Number: 508-228-0337 E --Sail: steven@cohenlegal.net Applicant's name(s): Same lSailing Address: Phone Number: E -Mail: Locus Address: 115 and 117 Baxter Road Assessor's Map/Parcel: 48/9 and 48/10 Land Court Plan/ Plan Book &- Page/Plan File No.: Book 21, Page 113 / Book 2, Page 81 - Lot 2 & Portion of Lot 3 1513/335 & 1656/124 Deed Reference /Certificate of Title: Zomig District SR -20 Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwellings—0 Duplex. Date of Structure(s): all pre -date 7/72 Yes or Building Permit Numbers: Apartments Previous Zoning Board Application Numbers: 027-05, 066-11, 026-88, and 028-88 2 Fairgrounds Road Nantucket Massachusetts 02554 508 325-7587 telephone 508-228-7298 facsimile State below, or attach a separate addendum of specific special permits or variance relief applying for: I cerrtifz- that the uiformation contained herein is substantially complete and trae to the best of my knowledge, tinder the pains and penalties of perjury-. SIGNATURE: Owner* SIGNATURE: Applicant/Attomev/Agent' *If an Agent is representing the Ov-ner 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.:–/–/– BT. Fee deposited -vvith Tov n Treasurer. _/_/_ Bv:_ Waiver requested: Granted:_/_/_ Hearing notice posted With Town Clerk:_/_ Bailed: Heating(s) held on:_/_/_ Opened on :_/_/_ Contiriued to:_/_/_ Withdra=_/_/_ Decision Due Bv:_/_/_ Made:—/—/— Filed W/Town Clerk:—/—/_ Mailed:—/—/ - 2 Fairgrounds Road Nantucket Massachusetts 02554 508 325-7587 telephone 508-228-7298 facsimile ADDENDUM A The Locus is comprised of two lots, 115 Baxter Road (Tax parcel 48-10 being shown on Plan Book 21, Page 113) and 117 Baxter Road (Tax Parcel 48-9, being Lot 2 and a portion of 3 on Plan Book 2, Page 81). The Owner is Scott Kelley per deeds recorded at Book 1701, Page 107 and Book 1701, Page 201 at the Nantucket Registry of Deeds. 115 Baxter Road is a 15,216± square foot lot with a single- family dwelling and 117 Baxter Road is a 13,000± square foot vacant lot. They were undersized lots in the Sconset Residential 20 (SR -20) zoning district, which has a minimum lot area requirement of 20,000 square feet, until the Owner merged them into common ownership, creating a conforming lot at 28,216± square feet. The SR -20 zoning district allows 12.5% ground cover ratio (GCR). The structure at 115 Baxter Road consists of approximately 1,292± square feet of ground cover where 1,851± square feet was allowed on the prior lot, and where 3,527± square feet of ground cover is allowed on the merged lot. The SR -20 zoning district requires 75' of frontage with a 30' front setback and 10' on the side and rear of the lot. The current house was built in 1940 and is currently non -conforming on front yard setback with the front stoop/steps approximately 2.3± feet from front lot line and the structure approximately 7.4± feet from the front lot line. The existing front yard setback encroachment nonconformity pre -dates the adoption of the Nantucket Zoning Bylaw in 1972. 117 Baxter Road was previously benefited by Zoning relief (see ZBA Decision No. 028-88 recorded at the Nantucket Registry of Deeds in Book 298, Page 211) that granted a variance to allow a large structure previously on the lot to be relocated inside the front setback. That structure was relocated off the lot at a later date. ZBA Decision No. 027-05, as modified by Decision No. 066-11, also allowed for parking waivers on the lot. These ZBA decision are now moot and no conditions from them apply here. The lot is otherwise dimensionally conforming. Applicant requests a variance of the setback requirements of §139-16, under §139-32, to allow for the relocation of the single-family dwelling at 115 Baxter Road from its current location, which is in imminent danger (see letter from Building Commissioner, attached) further into the front setback of the combined lot, now currently 117 Baxter Road. Due to extreme erosion, Applicant seeks to relocate the structure away from the bluff edge at 117 Baxter Road, and possibly into the County Road layout, as shown on the attached plan. Applicant proposes to move the dwelling as close as 0.0' from the front lot line of the property, and also to move it approximately 7.5' over the lot line into an unimproved section of Baxter Road, if a license is granted by the County of Nantucket in a separate application. This license and Zoning relief to move into the road layout was recently approved and implemented at the abutting lot at 113 Baxter Road (see ZBA Decision N0. 056-13 as recorded at Book 1408, Page 211). Due to rapid erosion of the coastal bank and danger of collapse, a literal enforcement of the provisions of §139-16 would involve substantial hardship to the Applicant and the proposal remains in harmony with the general purpose and intent of the Zoning Bylaw for the SR -20 zoning district. The erosion has reduced the upland area on both lots, which was previously conforming to the so-called "90o upland rule" in the definition of §139-2 "Lot Area," but would not be if the lots were created today. This provision requires the lot to be ninety (90) percent upland relative to the district's minimum lot area requirement (i.e., 18,000 SF of upland in the SR -20 District that requires 20,000 square foot lots). When the vacant lot is merged into the improved lot, that lot have 12,655± square feet of upland area, which is about one- third of the required amount but about twice as much as either lot had before, due to the erosion. No zoning relief is required for the alteration of a pre-existing nonconforming lot as to lot area, per §139-33A(3) where the nonconformity will be reduced, though not brought into compliance, and no new nonconformities are created. However, the second clause of §139-33A(3) provides that: "Any other alteration to a preexisting, nonconforming lot that does not increase an existing or create a new nonconformity is allowed upon determination that such alteration will not be substantially more detrimental to the neighborhood." Applicant asserts that no relief is needed here, but in an abundance of caution, Applicant seeks special permit, variance relief from the 90% requirement and also a determination that the alteration to the pre-existing nonconforming lot is not substantially more detrimental to the neighborhood. Applicant also requests Special Permit or Variance relief related to the 30' height limitation in the SR -20 zoning district contained in §139-17. The existing house may be nonconforming as to height or to a portion of the height formula, and the new site is differently contoured than its current location, which may impact the height or a portion of the height formula. Once moved, the existing structure may exceed the 30' height limitation or may exceed portions of the formula for the height allowed for one or more sides due to the sloped topography of the lot. Applicant is currently undertaking an engineering study and surveys to determine final siting of the house. Applicant will update this application as data are available. Applicant further requests special permit relief, pursuant to §139-33, to reuse the foundation of the structure to the extent it is nonconforming by being currently within the front yard setback at 115 Baxter Road. Applicant proposes to change the use of the remaining foundation from a single-family dwelling to an ancillary use, not for habitation, such as a garage, storage, or studio space. Applicant notes that such change shall not be substantially more detrimental than the existing use to the neighborhood and the non -conforming setback distance will be reduced by the elimination of the front stoop/steps that are currently 2.3± feet from front lot line. The 7.4± foot structural encroachment will remain until that structure is eventually removed. Town and Count\ of Nantucket, MA .JuiV lU. 2011 S2 115 Baxter Road aI, a, ]7 k YT ?f'apimay imorn-GII'm Propeay El rJ S 6.._ Locavon _._:P:: NIAP F: ?P REFERENCE ONLY DOCUMENT n, da7, ,z an.0 f.,. r Lac a -_ems 1,11" 1i1 )!-!1G Town and COLjnry Oi Nantucket, MA 117 Baxter Road 46 7 Properiy[D IF Location %—,I ,Dv,T*r L: 7 FLD LLC i5 is NIA' F FDP REFEPENCE -0LY NIOT A LEGAL IDOCU't4 1 ;711',4- cwn ano .tun of tianui mL. mae,,s: nc. claimz anO ric, wdrTarf-,f55 S-- Tr' :,mc�-mm!'r Dam upda!ecl 1—laq...20is J L) I v -J, 4,-) -L tJ Town and COUntv of Nantucket, MA Properly Irtiornim) n PrGp-rty[D 43 Cl Location =5 A�17TZR p E omen -L-,, F 4v<T—RL,-C JUIV 9, zlji.l 117 Baxter MAP FOP PEFEP� EJ-4,CE: Ord rY L NOT A LEGAL DOCUMENT lcwm arta %tm of Nlarmj:>• . M- In ,S7 M= 7..o r. zi� "D :1w, a M=- June 18, 2019 Planning and Land Use Services Building ■ Historic District Commission ■ Planning Board ■ Zoning Board of Appeals BUILDING DIVISION To: The Nantucket Historic District Commission From: Paul Murphy, Building Commissione Re: 115 Baxter Road I have reviewed the photographs sent to my office regarding the dwelling referenced above. It is obvious from the photographs that the dwelling is in imminent danger of collapsing into the ocean. Emergency measures should be taken immediately to relocate the dwelling to a safe location. Please feel free to contact my office should you have any further questions. 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Oz MJLCM wO�j-LZCLadO�� aQdfn W fnx-m7 < WoL of wo N 15i ~W< NI-0V--F-OQ Town of Nantucket Zoning Board PROPERTY OWNER: 115 Baxter Road LLC 60gRo 0" /JFG S 0,9 sEsso9s rVgNOnAl of ��9 FT M MAILING ADDRESS: c/o Cohen & Cohen, 34 Main Street, Nantucket PROPERTY LOCATION: 115 Baxter Road, Nantucket, MA 02554 ASSESSOR MAP/PARCEL: 48 / 10 SUBMITTED BY: Cohen and Cohen Law PC 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 -77 1 ASSESSOR'S OFFICE TOWN OF NANTUCKET SCONSET TRUST INC NANTUCKET TOWN OF SCONSET TRUST INC PO BOX 821 16 BROAD ST PO BOX 821 SIASCONSET, MA 02564 NANTUCKET, MA 02554 SIASCONSET, MA 02564 NANTUCKET TOWN OF 16 BROAD ST NANTUCKET, MA 02554 LATSHAW KYLE L & YODER LORETTA A PO BOX 3186 NANTUCKET, MA 02584 SANKATY HEAD GOLF CLUB INC PO BOX 293 SIASCONSET, MA 02564 HINCHEY RICK TRUSTEE P O BOX 32676 KNOXVILLE, TN 37930-2676 GIFFORD WHITNEY A TRST C/O JUDY JOHN A 119 EVERGREEN AVE ELMHURST, IL 60126 117 BAXTER RD LLC 117 BAXTER RD NANTUCKET, MA 02554 KENNEY JUSTINE M TR 3506 RODMAN STREET N W WASHNIGTON, DC 20008 MACKAY RICHARD S & LINDA M TRS PO BOX 567 HANOVER, NH 03755 FURROW ANN 5300 TURTLE POINT LANE KNOXVILLE, TN 37919 NANTUCKET TOWN OF 16 BROAD ST NANTUCKET, MA 02554 115 BAXTER LLC 38 BETTS DRIVE WASHINGTONCROSSING, PA 18977 GIFFORD WHITNEY A TRST C/O GRETZ HANNAH J 940 EAST DEERPATH RD LAKE FOREST, IL 60045 DELPIDIO LOUIS TR 116 BAXTER RD BEACH HOUSE TR 171 PHILLIS AVE SWAPSCOTT, MA 01907 RYAN PATRICK T TRST RYAN NANTUCKET REALTY TR 686 HALE STREET BEVERLY, MA 01915 Town of Nantucket Zonina Board PROPERTY OWNER: Scott Kelley MAILING ADDRESS: c/o Cohen & Cohen, 34 Main Street, Nantucket PROPERTY LOCATION: 117 Baxter Road, Nantucket, MA 02554 ASSESSOR MAP/PARCEL: 48 / 9 SUBMITTED BY: Cohen and Cohen Law PC 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 ASSE'SSOR'S OFFICE TOWN OF NANTUCKET 48 SCONSET TRUST INC PO BOX 821 SIASCONSET, MA 02564 48 SCONSET TRUST INC PO BOX 821 SIASCONSET, MA 02564 48 NANTUCKET TOWN OF 16 BROAD ST NANTUCKET, MA 02554 48 1 l 7 BAXTER RD LLC 117 BAXTER RD NANTUCKET, MA 02554 48 115 BAXTER LLC 38 BETTS DRIVE WASHINGTONCROSSING, PA 18977 48 LATSHAW KYLE L & YODER LORETTA A PO BOX 3186 NANTUCKET, MA 02584 48 KENNEY JUSTINE M TR 3506 RODMAN STREET N W WASHNIGTON, DC 20008 48 SANKATY HEAD GOLF CLUB INC PO BOX 293 SIASCONSET, MA 02564 48 MACKAY RICHARD S & LINDA M TRS PO BOX 567 HANOVER, NH 03755 48 DELPIDIO LOUIS TR 116 BAXTER RD BEACH HOUSE TR 171 PHILLIS AVE S WAPSCOTT, MA 01907 48 HINCHEY RICK TRUSTEE P 0 BOX 32676 KNOXVILLE, TN 37930-2676 48 FURROW ANN 5300 TURTLE POINT LANE KNOXVILLE, TN 37919 48 RYAN PATRICK T TRST RYAN NANTUCKET REALTY TR 686 HALE STREET BEVERLY, MA 01915 49 NANTUCKET TOWN OF 16 BROAD ST NANTUCKET, MA 02554 _, +1 4 _ apNTUC�E� ii s ~ r 3 P ', Z� ZU �-�. ,�, , 281 S� I PUflASE� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date : September 11 , 2019 To : Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No. : 20-19 Owner/Applicant: SCOTT KELLEY Property Description: 115 & 117 Baxter Road Map 48 , Parcels 10 & 9 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 Nantucket Superior Court or 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 48, Parcel 9 & 10 Book 1701,Pages 107&201 115 & 117 Baxter Road Plan Book 21,Page 113 Sconset Residential 20 (SR-20) Plan Book 2,Page 81 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals(the"Board")held on Thursday, August 8, 2019 in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of SCOTT KELLEY ("Applicant"), c/o Cohen & Cohen Law PC, 34 Main Street, 2nd Floor, P.O. Box 786, Nantucket, MA 02554, in File No. 20-19. 2. Applicant is requesting relief by Variance pursuant to Zoning By-law Section 139-32.A for a waiver from the setback requirements in Section 139-16, to allow for the relocation of the single-family dwelling as close as zero (0) feet from the front yard lot line and as much as 7.5 feet over it, and also as close as five (5) feet from the north side lot line, where a thirty (30) foot front yard setback and ten(10) foot side yard setback are required. In addition,Applicant seeks relief by Special Permit or Variance from the thirty(30)foot height,provision in Section 139-17 and Special Permit relief pursuant to Section 139-33.A to allow the change of use of the pre-existing nonconforming remainder structure, sited as close as 7.4 feet from the front yard lot line, to an accessory use. To the extent necessary and applicable, Applicant further requests Special Permit or Variance relief from the "90% upland rule" specified in the definition of"Lot Area" in Section 139-2.A. The Locus is situated at 115 & 117 Baxter Road, shown respectively on Assessor's Map 48 as Parcels 10 and 9, and on Plan Book 21,Page 113 and as Lot 2 and a portion of Lot 3 on Plan Book 2, Page 81. Evidence of owner's title is recorded in deeds at Book 1701, Page 107 and Book 1701 Page 201 on file at the Nantucket County Registry of Deeds. The site is zoned Sconset Residential Twenty(SR-20). 3. Our decision is based upon the application and accompanying materials, representations, and testimony received at the public hearing, including a letter from the Nantucket Building Commissioner concerning the danger posed to the structure by its close proximity to the eroding bluff. Applicant,through its counsel, Steven Cohen,presented testimony at the public hearing. There was no Planning Board recommendation. Except for the presentation on behalf of the Applicant,there was neither support nor opposition received at the public hearing. 4. The locus contains a single family dwelling on a conforming lot at 28,2161 square feet in the Sconset Residential 20 (SR-20) zoning district, which has a minimum lot area requirement of 20,000 square feet. The locus was recently combined from two pre-existing undersized lots. 2 The dwelling has approximately 1,292± square feet of ground cover where 3,527± square feet of ground cover is allowed in a district that allows for a ground cover ratio of up to 12.5%. The existing dwelling was built circa 1940 and is currently non-conforming as to front yard setback with the front stoop/steps approximately 2.3± feet from front lot line and the structure approximately 7.4±feet from the front lot line. The existing front yard setback encroachment nonconformity pre-dates the adoption of the Nantucket Zoning Bylaw in 1972. The locus is otherwise dimensionally conforming. 5. The locus is subject to severe erosion of the `Sconset Bluff, and benefits from prior relief related to such erosion. See Zoning Decision Nos.028-88,027-05,and 066-11,which are now moot, with no conditions applying here. 6. As explained by Applicants legal representative, Attorney Steven Cohen, Applicant seeks relief by Variance pursuant to Zoning By-law Section 139-32.A for a waiver from the setback requirements in Section 139-16, to allow for the relocation of the dwelling onto a new foundation to be sited as close as zero (0) feet from the front yard lot line and also as much as 7.5 feet over it into an unimproved section of Baxter Road (a license is being sought from the County of Nantucket in a separate application to the County Commissioners),and also as close as five (5) feet from the north side lot line, where thirty (30) foot front and ten(10) foot side yard setbacks are required. 7. Applicant further seeks relief by Special Permit.pursuant to Section 139-33.A, or by Variance to the extent necessary, for a waiver from the height provision in Section 139-17 and to allow for a change of use of the pre-existing nonconforming remainder structure, sited as close as 7.4 feet from the front yard line, from a dwelling to a garage, shed, or other accessory not for human habitation structure. 8. To the extent necessary and applicable,Applicant further requested Special Permit or Variance relief from the"90%upland rule"specified in the definition of"Lot Area"in Section 139-2.A, due to the combination of two prior pre-existing non-conforming undersized lots, each rendered more nonconforming by the effects of erosion. 9. During the deliberations, the Applicant withdrew the request to allow for a change of use of the pre-existing nonconforming remainder structure, as the Board indicated a desire to first know the position of the Nantucket Conservation Commission on retaining or removing it. 10. The Board made the following findings: a) Due to the soil conditions, shape and topography of the eroding lot, a literal enforcement of the provisions of the setback provisions of Section 139-16 and the height provision of 3 Section 139-17 would involve substantial hardship,financial or otherwise,to the petitioner, and the requested 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. b) No relief is necessary regarding the "90% upland rule" in the definition of"Lot Area" in Section 139-2.A, as the combination of two prior pre-existing non-conforming undersized lots is not the creation of a new lot, but the addition of land area from one lot to a grandfathered lot,making it more conforming at to upland content, which does not require relief. 11. Accordingly, by a UNANIMOUS vote, the Board approved the WITHDRAWAL WITHOUT PREJUDICE of the change of use request, and GRANTED the requested VARIANCE to allow for the relocation of the dwelling on the lot with the requested setback and height relief, as above, subject to the following conditions: a. Apart from the withdrawn request to change the use of the remainder foundation,the work shall be performed in substantial compliance with plan entitled, "Site Plan of Land for Structure Relocation in Nantucket, MA.", dated July 24, 2019, prepared by Nantucket Engineering & Survey. P.C., a reduced copy of which is attached herewith as "Exhibit A". b. The Finished floor elevation(FFE)of the structure set on its new foundation shall not exceed 105 feet of elevation, and ridge height shall not to exceed 126.1 feet of elevation. c. The existing foundation shall be removed entirely or filled and covered with clean fill, unless and to the extent the Nantucket Conservation Commission provides for it to remain(in such case,the reuse of the encroaching structure shall also require further relief from this Board). The cost of removal of such is to be paid by Owner of Record. d. Relocation of structure into the layout of Baxter Road is conditional on the applicant obtaining approval from the County. e. There shall be no exterior construction, with the exception of routine maintenance such as painting and landscaping,permitted between Memorial Day and Labor Day of any given year in connection with the work contemplated in this application. 4 Assessor's Map 48, Parcel 9 & 10 Book 1701,Pages 107&201 115 & 117 Baxter Road Plan Book 21,Page 113 Sconset Residential 20 (SR-20) Plan Book 2, Page 81 Dated: August 8, 2019 "tip iiAimmi cC. hy, Chai i I 11 Lisa : ttice ziia............„„,...._ E• irdTo•le V ,l ichae J. O'Mar.- ,► Geoff Thayer COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. On the `/TH day of6 - , 2019, before me, the undersigned notary public, personally appeared L-TS 1819" ;cell/ , 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 they signed the foregoing instrument as their free act ancLdeed and voluntarily for the purposes therein expressed. t) _ iE____________ Official Signature and Seal of Notary Pu lic My commission expires: PAUL M. MURP ii NOTARY PUBLICHY 5 �� Commonwealth Of Massachusetts My Commission Expires December 17,2021 r "EXHIBIT A" u- N �VSETTS 0 r L es o yo O co Q co— i'''' h 5 •� p J `'OUHo 1 j¢A "' ¢ qE" " JU. (-51-Lo WzA i 4, z .•.ate �' � w}WO���pN z ( �uWi�o� 4f4,0 4.�[t� V O X�Q pNpN ^r-/�Zd'i�e .1../: O � 0Wmca�pWYxm ✓C9 = � rag t.) WY W� -mOJ L_Z ! ` EAS NCO Wo�mQmo, z°�z ZW rill G 0� Q. 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