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Home My WebLink About34-19 26 Appleton Road2019 HE' -2 PPS 2: L TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Zoning Board of Appeals NOV 26 2019 RECEIVED Fee: $450.00File No. Owner's name(s): Daniel L. Lawson and Michael J. Gnojewski Mailing address: 59 Walnut Crescent, Montclair, NJ 07042 Phone Number: (646) 285-1671 E -Mail: mgnojewski@mac.com Applicant's name(s): Daniel L. Lawson and Michael J. Gnojewski Mailing Address: 59 Walnut Crescent, Montclair, NJ 07042 Phone Number: (646) 285-1671 E -Mail: mgnojewski@mac.com Locus Address: 26 Appleton Road Assessor's Map/Parcel: 66-30 Land Court Plan/Plan Book & Page/Plan File No.: Lot 30A on Plan No. 2006-13 Book 1313, Page 36 Deed Reference/ Certificate of Title: Zoning District R5 Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwellings 1 Duplex Apartments Date of Structure(s): all pre -date 7/72 or 2007 Building Permit Numbers: Previous Zoning Board Application Numbers: 049-88; 040-90; 101-93; 102-93 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 certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNA 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 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posted with Town Clerk:_/_/_ Mailed:_/_/_ I&M_/_/_ &_/_/_ Hearing(s) held on:—/—/— Opened on :—/—/— Continued to:_/_/—Withdrawn:—/—/— Decision Due By:_/_/_ Made:—/—/— Filed w/Town Clerk:_/_/_ Mailed:_/_/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508 325-7587 telephone 508-228-7298 facsimile ZBA APPLICATION ADDENDUM 26 Appleton Road, Nantucket, Massachusetts 02554 Daniel L. Lawson and Michael J. Gnojewski Applicant is requesting to rescind in full all previous Decisions relative to 26 Appleton Road as the property is now in compliance with current zoning, and the uses are now allowed by right in the Residential -5 (R5) zoning district. All references in the previous ZBA decisions referring to the limitation of no secondary dwelling shall be rescinded. The locus is situate at 26 Appleton Road, as shown on Assessor's Map 66, Parcel 30, and evidence of Owner's Title is recorded at the Nantucket Registry of Deeds in Book 1313, Page 36. The site is zoning Residential - 5 (R5). Currently, there is a single-family dwelling on the subject property. There are three - bedrooms and three bathrooms on the first two floors with a full basement, and an unfinished third floor. The property is situate on a 5,008 square foot lot in compliance with present zoning. Applicant respectfully requests that the Board rescind, in full, all previous Decisions, which restrict a second dwelling, including: 1) File No. 049-88 (see Book 301, Page 190) 2) File No. 040-90 (see Book 350, Page 163) 3) File No. 101-93 (see Book 435, Page 286 and Book 435, Page 287) and 102-93 town ana uounry OT wanwCKei, MA Novemoer l5, LUly bb TN;19 ¢ , 66'j 42 r 1 aG 6622 0 3' 4 66 398 ti +' Z ft21N 66 341 '- _ c 8 X667 23 NOBStcq tvr jr100 6624 414 q 625 r+ 3 .66 26 67I1 ' S ' i 66 401 p i •.•.' 27 Of 1 67 100 • jJ30 7 b6 339 a° 66 1402V..............66503 28 y 6629 • i� 4 6628 6 6627 66 403 504 8 j1'4 ,. L' -?661-3 36 ---- .._ .......... THURSTONS W 3 66 31.1 Y 2 6631 - 1•A s `7`. �N •' 3 fib 33 .y W1Q'Y4 66 336.1 , 5 66 33.1i} 66 36 ; 6 34 a 30 1"=101ft n Property Information Property ID 66 30 Location 26 APPLETON RD Owner LAWSON DANIEL L ETAL 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. Geometry updated 1V13/2018 Data updated 11/19/2018 en 301 w490 .TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 May 13, 1988 to: Decision in the Application of WILLIAM V. BURDICK, JR. AND ALBERTA M. BURDICK (049-88) Enclosed is a notice of the Decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be sada pursuant to Section 17 of Chapter 40A of the General Lava, and shall be filed within twenty (20) days otter this date. William R. Sherman. Chairman BOARD OF APPEALS -"*11N 331 wE 131 BOARD OF APPEALS TOWN OF NANTUCKET• { NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, APRIL 29, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following decision upon the Application of WILLIAM IF. BURDICK, JR. AND ALBERTA M. BURDICK (049-88) address 26 Appleton Road, Nantucket, MA 02554. 1. Applicants seek a VARIANCE from the 20,000 SF minimum lot also requirement of Zoning By -Lav SECTION 139-16A to allow redivision of their 3 commonly owned lots into new Lots 1 and 2 respectivelyjof 17,496 SP and 16,277 SF, with the existing single-family dwelling on Lot 1 and a new single-family dwelling buildable on Lot 2. The premises are a corner lot ■t 26 APPLETON ROAD (Lot 1), and 4 THURSTON'S VAT (Lot 2). and zoned RESIDENTIAL -2. f 2. The present 3 lots are, respectively: - Assessor's Parcel 66-029 (Lot 28, Plan Book 18, Page 127. -- { of about I5,M SP) - Assessor's Parcel 66-030 (Lot 9, Plan Book 17, Pafe 70 of - Assessor's Parcel 66-121 (Lot 1A, Flom Pile a0, of 2174 SF in a thin triangular shape), now treated as one lot for zoning purposes. 3. Our findings are based upon the record in this and prior Application 041-85, including "sketch plan of land" dated 4/8/88 (our Exhibit "A") showing new Lots 1 and 2. viewing and plans. neighbors' petition,representatIon* and testimony received at our hearing of 4/29/88. n . en 301 1st 192 (049-88) -2- 4. Applicants' Lots 9 and 28 are shown on a plan endorsed by the Plaasing Board 'approval mot required" 6/17/74 with respective 100 -toot southerly lot lines confronting property of the Thurstons. Next of record is the Thurston*' subdivision endorsed by the Planning Board 4/20/76 and locating then -new Thurston's Way running past the Burdick Lots 28 and'9 but with Lot IA blocking then from having any (southerly) frontage on Thurston's Way. Our record does not show why Applicants' frontage was deliberately blocked or why Applicants' counsel, now deceased, had then acquire Lot 28 with the same joint ownership as Lot 9. We are told that Donald Visco who endorsed the plans as a member of the Planning Board. was jhe road contractor who put in Thurston's Way and later, as owner of Lot IA, sold it to Applicants. Visco is shown as a joint owner of Lot IA as early as 1981, and the joint developer on an AMR plan endor- sed by the Planning Board 6/12/78, in lieu of the Thurston'*. 5. In any event. having, slace our adverse decision in 041-85, acquired Lot IA from Visco, Applicants now have adequate frontage on Thurston's Way for new Lot 2. Normally, we would still not be able proper- ly to validate each of new Lots 1 and 2 as buildable for lack of 20,000 SP. Unusual circumstances, however, here support variance relief. Specifically, were relief denied and the matter fully litigated, equities favorable to Applicants involving blocked frontage for Lot 28 and Town official involvement might be adduced. The 5/77 upzoning of Applicants' Lots to R-2 also raises questions in that toning districts are typically bounded by streets. not the Burdicks' Lot 28 back proporty line, again with involvement of Planning Board officials. Lots just across that back lot line are buildable with only 5,000 SF. Lots 9 and 28 (and new Lots 1 and 2) are comparable in size to others on the same side of Thurston's _ Way and larger than those on the other side. Lot 28 is odd only in not being built upon. 6. Applicants' neighbors are clearly supportive of relief. However. in view of the unfavorable recommendation of the Planning Board, we condition relief upon barring a secondary dwelling on either of Lots 1 and 2. We understand this is acceptable to Applicants. Presumably they t _ i i rfr.•�w.i...�wr:•�•.•zv�w rn.�...-a.:...r 7.r... w...: �:�.,-.xy-..w a' ».K..;�,.a...w�+. :wqr.�-:+.�. _ .� � ... . . o_P.x 301 mE 193 will need a sewer entry permit to build on new Lot 2. since it lacks 40,000 SF for a septic system. 7. With the foregoing condition, we are able to find that the requested lot size variance relief for new Lots 1 and 2 may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By -Lay. We find the r%uisite hardship involved. in the unusual circum- stances relating to lot shape in the above-described interrelationship of Lot lA and Lots 28 and 9. 8. Accordingly, by UNANIMOUS vote. this Board GRANTS to Applicants the requested VARIANCE from the minimum lot site requirements of SECTION 139-16A to allow redivision of the premises into new buildable Lots 1 an 2 in substantial conformity with Exhibit "A" so tivt a single-family dwelling may be built upon Lot 2 but with the condition that no secondary dwelling shall be built upon either Lot 1 or Lot 2. Dated: May 0. 1988 Nantucket, MA 02554 kdi�sEe�lil::il.PiySl��li� '.WS X011% L ~ William R. Sherman Ax,dr?106' 1,0'a" ;". Andrew J. Leddy, Jr. Dale W. Wain* 'arm 00040 t i . o_P.x 301 mE 193 will need a sewer entry permit to build on new Lot 2. since it lacks 40,000 SF for a septic system. 7. With the foregoing condition, we are able to find that the requested lot size variance relief for new Lots 1 and 2 may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By -Lay. We find the r%uisite hardship involved. in the unusual circum- stances relating to lot shape in the above-described interrelationship of Lot lA and Lots 28 and 9. 8. Accordingly, by UNANIMOUS vote. this Board GRANTS to Applicants the requested VARIANCE from the minimum lot site requirements of SECTION 139-16A to allow redivision of the premises into new buildable Lots 1 an 2 in substantial conformity with Exhibit "A" so tivt a single-family dwelling may be built upon Lot 2 but with the condition that no secondary dwelling shall be built upon either Lot 1 or Lot 2. Dated: May 0. 1988 Nantucket, MA 02554 kdi�sEe�lil::il.PiySl��li� '.WS X011% L ~ William R. Sherman Ax,dr?106' 1,0'a" ;". Andrew J. Leddy, Jr. Dale W. Wain* 'arm 00040 r� B 301 N " �' pP,C, E T DiV ,Q 0.1 p • AK •• yy A. A. I / J•sefa lr000 I j®rO.fAct OH'.4.4 I.rQ f 1 Ike O� 111 .t.lf •/� / O� ~�� y a.o 0. 4.0 .� c wa C HR A- CI 1 J 704.q/M7 C-0 � 1► .v is • .ts • ro � .0 1 4 e 4v .6.f J v SCR e 1 p -- _ q CA pc. I /SS. >51y MANTUCKET COUMTII A.o7'J Cw.Y its .taaroo fWalved and Entered., eN �•o�+rw• JEIY�FR. Ml�i:,.3 f��tl7 � . .vOrB,G/.yC-4 �trc.N/BO/r/.riGW ory� 4`ubJJ04.s it w 4 G OAAQ.C.(- A 1•.J0, +• /aZ/ %Ut INC : /I - Z MINIMI!N I,O'r S1%I:: A0,000y.f MINIMUM I'RUNTAGI:: 7r.o O 1'kONT YARD %I'TIIACK: 50 REAR l SI11t:1.1;:1; 5FT13ACK: /O / I GROIINII (:Ol•I:R RATIO: !?.5 +.-._..._.... —SKETCH PLAN (11' LAND r� BOOK0350PACE 163 TUC k� .TOWN OF NANTUCKET �• BOARD OF APPEALS yCa9^0IIAT ��b NANTUCKET, MASSACHUSETTS 02554 Date: % 19 90 CERTIFICATE OF GRANTING OF VARIANCF. NXXPQIPwqpcx (Massachusetts General Laws, Chapter 40A, Section 11) The BOARD OF APPEALS of the Town of Hnntucket hereby certifies that a Variance as been granted.: To: DENNIS B. SULLIVAN AND DIANE B. SULLIVAN (040-90) (Owner/Applicant) Address: c/o Randa and Alger, Box 2669 Nantucket MA 02584 affecting the rights of the Owner/Appli-cant with respect to inne 'or buildings at 26 Appleton Road and 4 Thurston's Way, Assessor's Parcels 66-29 and 30, Lots 1 and 2 in Plan Book 24, Page 75 Deed Reference And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision granting the Variance JAXJ[ZU and that copies of tlio Decision and of all ^._,ans referred r in the Decision have been filed with the Planning Board andthe Town Clerk- The lerkThe BOARD OF APPEALS calls to the attention of the Owner/Applicnnt that Cenoral Laws, Chapter 40A, Section 11 (last paragraph) provides that no Variance or any extension, ,:,,cifica=:c^ or renewal thereof, shall take effect until (a) a copy of the Decision is certified by the Town Clerk that twenty days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such appenl has been filed, that it has been diseissed or denied) and (b) the certified copy is recorded in the Registry of Dccdf for the County of Nantucket and indexed in the grantor index unddr the name of the Owner of Record or is recorded and noted on the Owner's Certificate of Title. The foe for such recording or rooflstcr,ing,shall be id by the Ownorr/Applicant. / Lfada F. williams, Chairman• bort EZMtX. Clark 800�� BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 Decision: The Nantucket Board of Appeals, acting at a public hearing held on Friday, July 13, 1990, at 1:00 P.M., at the Town and County Building, Nantucket, made the following Decision upon the Application of DKNNIS B. SULLIVAN and DIANE B. SULLIVAN (040-90): 1. This is an appeal under Nantucket Zoning By-law Section 139-31 from a decision by the Building Commissioner dated April 30, 1990, denying the applicants a building permit for construction of a single-family dwelling. In the alternative, the applicants request relief by variance from the minimum lot size requirement under Section 139-16.A, renewing a variance granted by us in Case No. 049-88. The subject property (the 'Locus') is situated at 26 APPLETON ROAD and 4 THURSTON'S NAY (Assessor's Parcels 66-29 and 30), Lots 1 and 2 on plan recorded with Nantucket Deeds in Plan Book 24, Page 75, and is zoned as RESIDENTIAL -2. 2. In our Case No. 049-88, we granted a variance from the minimum lot size requirement of 20,000 square feet in this district, in order to enable the former owner of the Locus to redivide his three adjacent lots (required to be merged together as one lot to effect zoning compliance) into two separate lots, one of about 17,496 square feet and containing an existing dwelling known as 26 Appleton Road, the other of about 16,277 square feet being a vacant lot for building purposes. Under the peculiar history of the property and with the condition that no secondary dwelling be constructed on either lot, we made the necessary findings for variance relief. This decision, voted on April 29, 1988, was filed with the Town Clerk on May 13, 1988, and a certified copy was duly recorded on June 17, 1988, with Nantucket Deeds in Book 301, Page 190. 3. The applicants in 049-88 then proceeded to have a new plan, showing the lot with the existing dwelling as Lot 1 and the vacant building lot as Lot 2, prepared and presented to the Planning Board for endorsement under General Laws, Chapter 41, Section 81P, as not requiring approval under the Subdivision Control Lay. This endorsement was made by the Planning Board at its meeting on June 27, 1988. 8o0KO350na 165 4. The applicants herein purchased Lots 1 and 2, in the same ownership, from the applicants in 049-88 on July 29, 1988, by deed recorded with Nantucket Deeds in Book 304, Page 322. 5. When the applicants presented a building permit application to the Building Commissioner in April, 1990, for the construction of a single-family dwelling upon Lot 2, the Building Commissioner denied this application on the basis that the variance in 049-88 had lapsed, since the rights authorized by it had not been exercised within one year of the date of grant thereof. The applicants appealed therefrom, and this appeal is now before us. 6. The applicants present two arguments to us in support of their claim that the variance rights under 049-88 were in fact exercised within one year and therefore did not lapse. First, they contend that their purchase of the Locus, in which they claim to have relied upon our grant of variance rights, is itself an exercise. Second, they assert that the Planning Board's endorsement of their plan, in reliance upon that variance insofar as the lots thereby created did not conform to minimum zoning requirements, itself constitutes an exercise. 7. We are not willing to accept either of the applicants' arguments in this regard, and consequently sustain the Building Commissioner's decision, four voting in favor, one voting against (Leichter). If Lots 1 and 2 had been purchased by different ownera, we would have found an exercise to have occurred. However, purchase of both lots in the same ownership is, to us, consistent with an intent by the new owner that the two lots be considered as one and still merged. We are aware of no legal precedent to support the applicants' position that action by the Planning Board, rather than by an owner, can constitute an exercise. 8. However, by a majority vote of four in favor and one (Beale) opposed, we grant a new variance from minimum lot size requirements of Lots 1 and 2, upon the same condition (no secondary dwelling on either lot) that was imposed in 049-88, thus enabling Lot 1 to be held in separate ownership from Lot 2, with Lot 1 containing one single-family dwelling and with Lot 2 being a building lot for one single-family dwelling. Based upon the title history described in 049-88, -we find that, owing to circumstances relating to the shape of the lots and especially affecting the Locus but not affecting generally the zoning district in which the Locus is located, a literal enforcement of the provisions of the by-law would involve substantial hardship, financial or otherwise, to the applicant, and that desirable relief may be granted without substantial detriment to the public ` BODKIh"FACEIN good and without nullifying or substantially derogating from the intent or purpose of the by-law. Dated: , 1990 Linda F. i lama C. Karshall Basle !4�4� CW14TY R� NAM lved an Entered M sived,/: AUG3 01 0 I (hjftl/BOA) , ,,�& A74� 41-� QUITCLAIM DLLD TBD QU!'1'OLAA/ DM m dr"39th day at Aapst, Ines, b and beewea Deeds & &Mvess at Is S➢sramma Road, lhaesiaom% M&=Nhm,@M% 61M -mad Duce. B. Sullivan e[ IS Swartsom Road, prandaYham, ltawckasetts, 01701, keabard MW wYa (berainafter referred to as the `Grantor.') and SuMun Paaally Llkdtd hetmeeakip No. 3, noordsd Ow 27th day of August, 1992 can at 1j* 8waasom Road, Fraatiharm, kfanatkusetts, 01701 (hereinafter referred to as the 'Grantee'),' WITNESSETH: That for sad in ooealderation of the Sam of Tim Dollars (110.00) mad o" Ve the receipt whereof is hereby acknowledged, the Grantors do hereby Grant, Bargain, Sell and Comrey with Quitclaim Covenants *(Title onto the Grantee, the property hereby convayW, being all}hat arWn lot or parcel of land together with such improvements and fixtures as an found thereon, located in the County of Nantucket, Massachusetts, and being more particularly described as follows: — LiVal Description — The land in Nantucket, Maoachuwtts, situate on 26 Apptstom Road, with the buildings sad Improvements thereon, bounded and described as fol- lows: WES'T'ERLY: by Appleton Road 153.37 feet; NORTHERLY: by land of Carl H. Stolaad 100.08 feet; EASTERLY: by Lot 2 on Plan hereinafter mentioned 169.84 lost; SOUTHERLY: by Thurston Way 73.27 fat, and SOUTHWESTERLY: by the curved intersection of Appleton Road aced Tkarstons Way L 41.47 feet. Containing 17,496 square feet mon or Ins acrd being shown os Let l as Plea of Land of William F. Burdick and Alberta M. Burdick, dated Jw 27, 1988, drawn by John J. Shugrue, Inc, and recorded with the Nantudtet Regbtry of Deeds on July 29, 1988 in Book 24, page 75. This parcelconveyed tegnber with the right to use Appleton Road and Thurston Way in oorrunoa with others entitled thereto for all purposes for which Ways may be used; and have the fi o[ a yubje a variaaoe from the Nantucket Hoard of APP. desk -' ri reed with the Nantucket Registry of Deeds �s jin Book P tM AND BEING the same property to the Grantors by Deed recorded among Go aforesaid load records in Deed Book 0 Page,lam i —Page t of 3— s Is mK03961AU M ' Quitclalm Deed Signatures The property also being known as 46 Appleton Road Nantucket, Massachusetts and ldentMad by Tax Map SUBJEOT TO mortgages, deed, of trust, and to covenants, restrictions, eataaeats, and rights of way of record Is the deeds torminS the chain of this to this property. The Grantors covenant that the Granton have the right to Convey the fee simple title of this property to the Oraateq that the Grantors hive done no act to encumbar the sum; that the Grantee sha11 have Quiet possession thereof free from encumbrances; Lad that the Grantors win execubs teck farther assurances of the title sa may be requltite. WITNESS the has& of mid Greaten this 48th day of Angus%, IM. NANTUCKET LAW MNK B. S CERMCArE O rsw t ENa�eppaeaDM AYAMrels, i State of Massachusetts County of Norfolk BEFORE ME panoaally appeared Dennis B. Sullivan, signs of the within iastru• Ment, who duly acknowledged to me that he executed the taro, As his free act and deed. [ am a duly appointed Notary is the Jurisdiction aforesaid. WITNESS alp head and official se is tb ofJA11x71 (Saw) I ( to �"r f C;; I r1- iir Coauai.ioa F�cpdrerJ� Z../l� —Pap 4 of 3— R PuMm 078 QWkWR Ned ~ l�patan► $gals o/ ldanad<a•IRw SS. cousty al Noddle Br"RE us p«waatly •MMwd =am a :alh+aak sipw st tha W" wow swot, who duly adm6wbkw to = tw ab simawi Na w w bw bw ad ad dwd. I wn a duly appokKd Notaq It the Jubdk" &&Wm t %WNE89 nq h.ad ad oddatmal!r of A 199¢ `/ (Bw) ENO, ► J ]� LL My Comcolsloa E>cpina�1/19 1Ns(1t+ll �dlrrar •J ORANT)� q* High J. Crowlaad, ta4 76 VA& AVww, km 1 Nowton Getty, maaadatntb eum Tm INYPli utNT PwARLo 1wrno0T BzNz T of Trux tXAHmmoN. AUG 2 81992 NAf(TUGW OOI m GWM M cwvmm RECt ENTERED meow ABOM H1 1 i 100rO435w 2 i ,a TOWN OF NANPUCKEr :Y BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: Deceaber U , 199 CEATI IC G AN ING O VARIANCE XXIIXVgXXWMXZXX Massachusetts General Laws, Chapter 40A, Section 11 The BOARD OF APPEALS of the TOWN CF NANTUCKET, hereLy certifies that a VARI4NCE XKJ1X37fXZ]MZ11KXR'Z=IQTXha■ been GRANTED: Tot(Owner/Applicant) DENNIS B. SULLIVAN TRUSTEE OF TURN REALTY TRUST (101-93) Address: c/o Reade and Alger, Box 2669 Nantucket KA 02584 affecting the rights of the Owner/Applicant with respect to land or building at: 4 Thurston's May, Assessor's Nap 66 Parcel 29 as shown in Plan Book 24, Page 75, Lot 2 Deed Reference: 365, 249 And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the VARIANCE 5JWX"XZ3F==X 1]MX1VXand that copies of the Decision and of all plans referred to in the Decision have been filed with the Planning Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of the Owner/ Applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides MODIFICATIONtoroRENEWALCthereof,xsh�a�lllx&tXak )itfecoruany E T NSION, of the Decision is certified by the Town Clark that TWENTY (20) days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of. Deeds for the County of Nantucket and indexed in the grantor index under the name of the Owner of Record or is recorded and noted on the Owner's Certificate of Title. The fee for such recording or registering shall be paid by the Owner/Applicant. Chairman Clerk } 60 K04357i428 { Uc TOWN OF NANTUCKET - M BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 402554 Date: December O 19 93 i To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the t following: i Application No.: 101-93 6.102-93 Ovner/Applicant: CONSOLIDATED DECISION OF DENNIS SULLIVAN, TRUSTEE OF TURN REALTY TRUST (101-93) 6 SULLIVAN FAMILY LIMITED PARTNERSHIP NO. 3 (102-93) Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in 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 an complaint in court within TWENTY (20) days after thit.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. a�i7aI n Chairman cc: Town Clerk Planning Board Building Commissioner BOOK 9 0 2 PAGE0221 QUITCLAIM DEED We, Dennis B. Sullivan and Diane B. Sullivan, for consideration paid in the amount of $10.00), in accordance with thewilt at Middlesex Probate Court Docket No: IDV 1 e+�lw� grant to : Dennis B. Sullivan, whose mailing address is 888 Worcester Street, Wellesley, Massachusetts, 02482, with QUITCLAIM COVENANTS, That certain parcel of land together with improvements thereon located in Nantucket, Nantucket County, Massachusetts, now known and numbered as 26 Appleton Road, bounded and described as follows: WESTERLY: by Appleton Road 155.37 feet; NORTHERLY: by land of Carl H. Stoland 100.08; EAS'T'ERLY: by Lot 2 on Plan hereinafter mentioned 169.84 feet; SOUTHERLY: by Thurston Way 73.27 feet, and SOUTHWESTERLY: by the curved intersection of Appleton Road and Thurstons Way L 41.47 feet. Containing 17,496 square feet more or less and being shown as Lot 1 on Plan of Land of William F. Burdick and Alberta M. Burdick, dated June 27, 1988, drawn by John J. Shugrue, Inc., and recorded with the Nantucket Registry of Deeds on July 29, 1988 in Book 24, page 75. This parcel conveyed together with the right to use Appleton Road and Thurstons Way in common with others entitled thereto for all purposes for which Ways may be used; and have the benefit of and are subject to a variance from the Nantucket Board of Appeals dated August 2, 1990, recorded with the Nantucket Registry of Deeds in Book 350, Page 163. AND BEING the same property conveyed to the Grantors by Deed recorded among the aforesaid land records in Deed Book 0476 , Page 180, dated January 1, 1994. BOOK 9 0 2 PAGE0222 Witness our hands and seals this r \ day of �. -�_ 12004. Commonwealth of Massachusetts ) SS. County of Nor" 1-11VA— ) BEFORE ME personally appeared Dennis B. Sullivan, signer of the within ice, who duly acknowledged to me that he executed the same as his free act and deed for its stated purpose. Said Dennis B. Sullivan being personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument. WITNESS my hand and official seal this _,,2. Coinr Pweah9'of Massachusetts ) } SS. County of 4 4iQ/i a My Commission Expires: p ;2 BEFORE ME personally appeared Diane B. Sullivan, signer of the within instrument, who duly acknowledged to me that she executed the same as her free act and deed for its stated purpose. Said Diane B. Sullivan being personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument. WlTNEBS my hand and official seal this _may of IC Mailing Address of G Dennis B. Sullivan 888 Worcester Street Wellesley, MA 02482 My Commission Expires: a2 Nantucket CqN Received $ Entered Date; 4111E 1 2004 rime: Attest: ga• J.4U&~i Register of Deeds End of Instrument YNTOCiiT OOARD OP APPXA" 10 South Beach Street Nantucket, Massachusetts 02554 Applications of: Dennis sullivam, Trustee of Turn Realty Trust (101-93) Map 66 4 Thwstews Parcel 29 Deed References book 363, Page t4� Zoning District: R-2 Plan Book 24, Page 75: Lot 2 Sullivan Family Limited Partnership No. 3 (102-93) Map 66 26 Appletoa Road Parcel 30 Deed Reference: Book 3%, Page 76 Zoning District: R-2 Plan Book 24, Page 75: Lot 1 Consolidated Decision: At a Public Hearing of the Nantucket Board of Appeals held at 1:00 P.M. on Friday, November 12, 1993, at the Town and County Building, Federal and broad Streets, Nantucket, upon the applications of Dennis Sullivan, Trustee of Turn Realty Trust (101-93), and Sullivan Pasily Limited Partnership No. 3 (102-93), each c/o Reade i Alger Professional Corporation, 6 Young's Nay, Post Office Box 2669, Nantucket, Massachusetts 02564, the board made the following consolidated Decision: 1. The Applicants are seeking relief by variance under Nantucket Zoning By -lav Section 139-32.A, from the minimum lot area requirement of 20,000 square feet in this Residential -2 zoning district under the Intensity Requirements set forth in Section 16.A, in order to confirm the division of their property, formerly held in common ownership, into two lots, shown as Lot 1 (Sullivan Family Limited Partnership) and Lot 2 (Dennis Sullivan, Trustee o! Turn Realty Trust) upon plan recorded with Nantucket Deeds in Plan Book 24, Page 75. Lot 1 contains 17,496 square feet: Lot 2 contains 16,271 square feet. Lot 1 is improved with a dwellin;; Lot 2 is not improved with any structures. 2. On May 13, 1988, variance relief as to lot area was issued to William F. Burdick, Jr. and Alberta M. Burdick, by this Board in its decision in Case No. 049-88, for the same relief herein requested. Dennis B. Sullivan and Diane B. Sullivan purchased Lots 1 and 2 from the Burdicks by dead dated July 29, 1968, reccrded with Nantucket Deeds in Book 304, Page 322. 3. Thereafter, the Building Department denied a building permit for the Sullivans on Lot 2, contending that the variance relief had expired, notwithstanding the Sullivan*, purchase of both lotr in reliance thereon, because both lots remained in -1- . 46 �i , aooK0435?ka289 common ownership, and the Sullivans appealed therefrom and, in the alternative, sought reissuance of the same variance relief previously granted to the Burdicks, in Case No. 040-90. This Board denied the appeal but granted relief by variance, issued on August 2, 1990. 4. Lot 2 was conveyed by the Sullivans to Dennis B. Sullivan, Trustee of Turn Realty Trust, by deed dated June 3, 1991, recorded with Nantucket Deeds in Book 365, Page 245, recorded on June 3, 1991, within the one-year statutory period for the exercise of variance rights. Lots 1 and 2 have not been in common record ownership thereafter; Lot 2 has been held by Turn Realty Trust from June 3, 1991, to date, while Lot 1 continued to be in the Sullivan&' record ownership until August 26, 1992, when it was conveyed by the Sullivans to Sullivan 0 family Limited Partnership No. 3 by deed recorded in Book 396, Page 76. 5. The Applicants now inform us that it is the position of the Building Department, notwithstanding the conveyance of Lots 1 and 2 into separate record ownership, that the variance rights issued in 040-90 expired without exercise and that the owner of Lot 2 is not entitled to obtain a building permit for work thereon. 6. This Consolidated Decision is based upon the applications in both Cases Nos. 101-93 and 102-93, the materials submitted with them, and the evidence presented at the hearing. There was no comment by abutters or neighbors. The Planning Board issued a favorable recommendation in both cases. 7. This Board set forth the unusual history of the subject property in its decision in Case No. 049-88, which is incorporated by reference. On the basis of this history, a majority of the Board finds, as it did in 040-90, that, under the title background set forth therein, owing to circumstances relating to the shape and configuration of Lots 1 and 2 and especially affecting these lots, but not affecting generally the zoning district in which they are situated, a literal enforcement of the provisions of the Zoning By -lav as to lot area would involve substantial hardship, financial or otherwise, to the Applicants, and that desirable relief may be granted without I substantial detriment to the public good and without nullifying ,...�, or substantially derogating from the intent or purpose of the By -lay. 8. By separate votes taken in each of the two cases before us, the Board in each instance voted to grant the requested variance relief from minimum lot area!' by MAJORITY YOTL, with four members (Maine, Williams, Laichter and O'Mara) voting in favor and one (serrens) voting against, subject to the condition that no swcondacy dwelling &hall be permitted to be constructed P C Amt f,,"-aC*'aA- /3 9-/6 9.0 -2- mO435w290 an *itb*c Lot I or Lot 2* as vas also provided Is each at oar &rll*c d*cIaLoas relating to this matter. The Appileasts be" reed to an entry of a consolidated decision for both oases. &ad did not pursue any relict set forth in their applications except for the variance reliot h*r*Lnd � 7r, t r- * - t N Datedf sjv/3S/su111v6e W&ncy J. Sevrens RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 DEC 0 8 M3 TOM: Lf '- 0 - AM CLERK: k�, 004. SiZ -)k SEcio 11" to W4 1"1104 It* evrom WAINIM7 Cum aiwA m ova= $WC'D ENTOM AMW 11f 01 -3- !Ad of w �o lk 6 _ C to -C zo w 0. <m Q c W N e -P 3lLl NV1d � C N � r N � � h �o Id a; o � � � 3 �W53x v �w tzgs MCzylS o m V0 O o [rO Who I =No g (Z)10 r LJz !� ti vz- W U O:z V � O •� [_ J � Z O ? Ni w e/,gzy! CO �� ZQ DILZ J vW W O 31 bN - 4� 21 Ld c z c z 0 W Y V 2 E ON. � p� zE VIZ NK O fo OO r5 O C O�aQO . L z" 73YN0 10 N4 ¢ FTZO�O D¢ HIM BOOK 937pw0244 DEED I, DENNIS B. SULLIVAN, of Wellesley, Massachusetts, for consideration paid in the amount of $745,000.00, grant to BERNADETTE MAGLIONE, of 4 West Way, Nantucket, Massachusetts, 02554, with QUITCLAIM COVENANTS, That certain parcel of land situated in Nantucket, Nantucket County, Massachusetts, together with the buildings thereon, being a portion of the land now known and numbered as 26 Appleton Road, bounded and described as follows: WESTERLY by Appleton Road, one hundred sixteen and 54/100 (116.54) feet; NORTHERLY by land now or formerly of Carl H. Sjolund, one hundred and 08/100 (100.08) feet; EASTERLY by land now or formerly of Eric B. Ray, one hundred sixteen and 54/100 (116.54) feet; and SOUTHERLY by Lot 32 on plan hereinafter mentioned, one hundred and 09/100 (100.09) feet. Said land is shown as Lots 30 and 31 upon a plan by Charles W. Hart & Associates, Inc., dated October 29, 2004, recorded with Nantucket Deeds as Plan 05-02. Lot 30 contains 5,825 square feet, more or less, and Lot 31 contains 5,825 square feet, more or less, according to said plan. Said land is conveyed subject to the following matters: a) Variance, dated August 2, 1990, recorded with Nantucket Deeds in Book 350, Page 163. b) Order of Taking, dated March 26, 2003, recorded with Nantucket Deeds in Book 812, Page 336. c) Order of Betterment, dated November 19, 2003, recorded with Nantucket Deeds in Book 862, Page 158. d) Real estate taxes assessed by the Town of Nantucket for the fiscal years 2005 and 2006 commencing on July 1, 2004 and July 1, 2005, respectively. For title, see deed recorded with Nantucket Deeds in Book 902, Page 221. eooK 9 3 7 w0245 Executed and sealed on January %U , 2005. - &,,-- 6 Dennis B. Sul Ivan COMMONWEALTH OF MASSACHUSETTS M)DDL, ss. January /D , 2005 On this � day of January, 2005, before me, the undersigned notary public, personally appeared Dennis B. Sullivan, proved to me through satisfactory evidence of identification, which was �rjyU'S ��►plL1� to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed voluntarily for its stated purpose. Not y Public tdn i ANK TE $ lAE HAN (Snapp oo Public Lo'Datd of Massachusetts sion Expires EFe OS 13, 2009 et Cuityeived Erect Narltuc ZOS Date: AN Time: 40 tt-"= ° i:"k`__ o Attest:K.-1 Register of Deeds L_ ;�.c,:s. _ End of I"strument { o- gig M h Oo NZ- a s Q Z li �: a , tip T Obp� Npl��ddb 8� •• f Bk: 01313 Pg: 36 2)12 Doc: DD 02/10/2012 11:01 Am MASSACHUSETTS QUITCLAIM DEED BERNADETTE MAGLIONE, of 26 Appleton Road, Nantucket, MA 02554 for consideration paid and in full consideration of FIVE HUNDRED FORTY THOUSAND AND NO/100 DOLLARS ($540,000.00), grant to DANIEL L. LAWSON and MICHAEL L. GNOJEWSKI, of 59 Walnut Crescent, Montclair, NJ 07042, as joint tenants with right of survivorship with QUITCLAIM COVENANTS, that certain parcel of land together with the improvements thereon situate at 26 APPLETON ROAD, Nantucket County, Massachusetts, bounded and described as follows: NORTHERLY by land now or formerly of Carol Sjolund, one hundred and 08/100 (100.08) feet; EASTERLY . by land now or formerly of Eric Ray, fifty and 10/100 (50.10) feet; SOUTHERLY by land now or formerly of Grantor, one hundred and 08/100 (100.08) feet; and WESTERLY Appleton Road, fifty and 10/100 (50.10) feet. Being shown as Lot 30A upon plan recorded with Nantucket Deeds as Plan No. 2006- 13. Said Lot contains 5,008 square feet, more or less, according to said Plan. M Bk: 01313 Pg: 37 Subject to the following matters of record at the Nantucket Registry of Deeds: (a) Variance dated August 2, 1990 recorded in Book 350, Page 163. (b) Order of Taking dated March 26, 2003, recorded in Book 812, Page 336. (c) Order of Betterment dated November 19, 2003, recorded in Book 862, Page 158. (d) Easement Grant dated November 5, 2005, recorded in Book 1027, Page 128 as affected by Easement Grant dated February � , 2012, recorded in BookI3I 3 , Page 39 . (e) Declaration of Easement dated January 11, 2007, recorded in Book 1060, Page 218 as affected by Revocation of Declaration of Easement dated February 19 , 2012, recorded in Booki36 , Page 35. For Grantor's title, see Deed recorded in Book 937, Page 244 at the Nantucket Registry of Deeds. I certify that I am unmarried and that no civil union partner, former spouse or former civil union partner resides in the property as their primary residence and is not entitled to claim the benefit of an existing estate of homestead. Bk: 01313 Pg: 38 WITNESS my hand and seal as of this `t day of February, 2012 '6. CL Bernadette aglione COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss. On this `� day of February, 2012 efore me, he dersigned notary public, personally appeared Bernadette glione (a)tpersonally known to me, or (b) proved to me through sati factory evidence of identification, which was (type of id tification) to be the person(s) whose name(s) is/are signed on the preceding or att hed document, and acknowledged to me that he/she/they signed it voluntaril for its stated purpose. �X; Official Signature and Seal of Nota My Commission expires: NANTUCKET UWD BANK ERTiFICATE a!d $ �6 D o ❑ Exempt ONon-gppllcable Authortzaon \0� �2 b l is r 6 Z X Uzi MASSACHUSETTS/ ISE TAX' Nantucket Co ROD #16 001 o m nate: 031,1'0/2012 11:01 AM ` Ctrl 6§x68 04933 Dodi 00000348 Fe $2,462.40 Cons: $540,000.00 ZT70ro v iD a spaaQ }o Je1516a� �o��adeaj •N �a3�uual, :a5d�aa pa.1BIU3 q pDAIDD80 X1003 137'RINVN ootapNTUC/�F�� ••• / 9A \yc0 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 N i' Date : December 26 , 2019 To : Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No . : 34-19 Owner/Applicant: DANIEL L. LAWSON and MICHAEL J. GNOJEWSKI Property Description: 26 Appleton Road Map 66 , Parcel 30 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 66, Parcel 30 Book 1313, Page 36 26 Appleton Road Lot 30A Residential Five (R-5) Plan No. 2006-13 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, December 12, 2019, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of DANIEL L. LAWSON and MICHAEL J. GNOJEWSKI, 59 Walnut Crescent, Montclair,New Jersey 07042, File No.34-19: 2. Applicants are seeking to vacate and rescind prior relief by Variance which was granted in Decision File No.s 049-88, 040-90, 101-93, & 102-93 pursuant to Zoning By-law Section 139-32 in order to validate the Locus as a marketable residential building lot separate from the adjacent lot, then known as 4 Thurston's Way. The relief was granted subject to a restriction prohibiting a secondary dwelling upon the premises. At the time the relief was granted, the proposed 17,496 square foot lot was undersized for the R-20 zoning district in which it was situated. With changes in zoning since the various decisions were issued, the lot has become conforming in all respects, rendering the need for relief obsolete. Locus is situated at 26 Appleton Road Avenue, is shown on Assessor's Map 66 as Parcel 30, and as Lot 30A upon Plan No. 2006-13. Evidence of owner's title is recorded in Book 1313, Page 36 on file at the Nantucket County Registry of Deeds. The site is zoned Residential Five(R-5). 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 this matter is not of planning concern. There was no opposition, written or oral, to the application. 4. Applicants are seeking to vacate and rescind all prior relief appurtenant to and encumbering the Locus. The change in zoning from Residential Twenty (R-20) to Residential Commercial Two (RC-2) and subsequently Residential Five (R-5) rendered prior relief obsolete. The change to R-5 occurred with passage of Article 41 at the 2012 Annual Town Meeting. Specifically, the request pertains to the following Zoning Board of Appeals Variance Decisions: • File No. 049-88 (recorded in Bk 301, Pg 190) • File No. 040-90 (recorded in Bk 350, Pg 163) • File No.s 101-93 and 102-93 (recorded in Bk 435, Pg 57 and Bk 435, Pg 286) 2 5. The Variance relief is no longer necessary by virtue of the zoning changes, because the Locus has been rendered compliant as to minimum required lot size, which is of 5,000 sq. ft. in R-5. Furthermore, a secondary dwelling would be allowed by right under the current zoning provisions. However, due to the restriction encumbering the original lot to no more than one single family dwelling unit, the Applicants are asking to have said Variance relief rescinded in full to allow for the potential to construct a secondary dwelling, should the opportunity arise. 6. The original Variance (File No. 049-88), granted in 1988 to prior owners William F. Burdick, Jr. and Alberta M. Burdick, permitted re-division of three commonly owned and merged lots into Lot 1 (26 Appleton Road) and Lot 2 (4 Thurston's Way), shown upon Plan Book 24, Page 75. The relief was necessary to validate the buildability of Lots 1 and 2 as they did not comply with the minimum lot size for the R-20 zoning district in which the Locus was situated in 1988. Lot 1 contained 17,496 sq. ft. and Lot 2 contained 16,271 sq. ft. where minimum required lot size was 20,000 sq. ft. The relief was granted subject to the condition that no secondary dwelling be permitted upon either Lot 1 or Lot 2. 7. The second Variance (File No. 040-90), granted in 1990 to Dennis B. Sullivan and Diane B. Sullivan who had purchased Lots 1 and 2 from prior owners, renewed and confirmed the previously issued relief from minimum lot size. The relief was needed as the rights authorized in the 1988 Variance were deemed to have lapsed without having been exercised within the one- year statutory period by the then Building Commissioner, who consequently denied an application for a building permit upon vacant Lot 2. The relief maintained the prohibition on a secondary dwelling upon either Lot 1 or Lot 2. 8. The third and fourth consolidated Variances (File No.s 101-93 and 102-93), granted in 1993 to Dennis B. Sullivan, Trustee of the Turn Realty Trust (owner of Lot 2) and the Sullivan Family Limited Partnership No. 3 (owner of Lot 1), renewed and confirmed the previously issued relief from minimum lot size. The same relief was needed as the then Building Commissioner again denied an application for a building permit upon vacant Lot 2 on the basis that the 1990 Variance was not exercised within the statutory period. The relief maintained the prohibition on a secondary dwelling upon either Lot 1 or Lot 2. 9. In 2004, Lot 1 was subdivided into Lots 30 (5,825 sq. ft.), 31 (5,825 sq. ft.), and 32 (5,846 sq. ft.), as shown upon Approval Not Required ("ANR") Plan No. 05-02. In 2005, Lots 30 and 31 were subdivided into Lots 30A (5,008 sq. ft.) and 31A (6,642 sq. ft.), as shown upon ANR Plan No. 2006-13. At the time of these respective ANR plan submissions to and endorsements by the Planning Board, the Locus had been rezoned from R-20 to RC-2 where minimum lot size was 5,000 sq. ft. The Locus that is the subject of this decision is known as 26 Appleton Road and shown as the above-referenced Lot 30A. In February 2012, the current 3 Owners and Applicants acquired title to Lot 30A by virtue of deed recorded in Book 1313, Page 36. As previously stated, the Locus underwent another change in zoning to R-5 as authorized by the passage of Article 41 at the Annual Town Meeting on March 31, 2012. 10. Therefore, based upon the application materials, unique history of the Locus, and testimony received at the public hearing, the Board finds that the collective and renewed Variance relief encumbering the Locus is no longer required and herewith rescinds and vacates said decision as it pertains to 26 Appleton Road, now shown as Lot 30A upon Plan 2006-13. Specifically, the lot is currently conforming as to the dimensional provisions of Section 139-16 and, as such, in compliance therewith. No evidence was presented to support the need for variance relief for waivers from any sections of the Zoning By-law. 11. Accordingly, by UNANIMOUS VOTE of the sitting members, the Zoning Board of Appeals GRANTS the RESCISSION of previously issued VARIANCE decisions in File No.s 049-89, 040-90, 101-93, and 102-93 with respect to the subject premises known as 26 Appleton Road and shown as Lot 30A upon Plan No. 2006-13. $IQNATURE PAQF IQ FQLLQWV 4 Assessor's Map 66, Parcel 30 Book 1313, Page 36 26 Appleton Road Lot 30A Residential Five (R-5) Plan No. 2006-13 Dated: December 12, 2019 _ _ /.f► C .1 4.r . i Mg 0 litho S ►/off Lisa Bottic-lli 7 Iig ward Tfaole f It/moose Michael J. O'Mara Kerim Koseatac COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the ()Iday of A.-I 4 Vie.✓, 2019, before me, the undersigned notary public, personally appeared_ ifc4 -r)(5 C2//r , 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 signed the foregoing instrument voluntarily for the purposes therein expressed. LA Offices Signa' • d Seal of Notary Public My commiss s sires: �,pd-O MEGAN TRUDEL Notary Public ti - COMMONWEALTH OFMASSA:HUSETTS �1�, 1' My Commission �xp�res On May 08,2020 5