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HomeMy WebLinkAbout035-04 ~- TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSEITS 02554 Date: lNy~r /2-, 200 c.; To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the fol.lowing: Application No.: o3~- oC; Owner/Applicant: )<aih ref' 11 F. L~ 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 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. cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND V~IANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET ZONING BY-LAW G139-30I (SPECIAL PERMITS)~ fi139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. ATTEST: A TRUE COpy ~ N/\NTLJQKEf TOWN CLERK TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, MA02664 Assessor's Map 67 Parcel 153 Residential-10 14 Lewis Court Lot 49, Plan Book 18, Page 52 Deed Ref. 210/24 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 p.M., Friday, July 9, 2004 (originally noticed for June 11, 2004 and continued without opening) in the Conference Room, Town and County Annex Building, 37 Washington Street, Nantucket, MA, on the Application of KATHLEEN F. LEGG, fka Kathleen F. Holdgate, of 17 Keel Lane, Nantucket, MA 02544, Board of Appeals Application No. 035-04, the Board made the following Decision: 1. Applicants are seeking relief by VARIANCE under Nantucket Zoning By- law, Section 139-16A (Intensity Regulations -frontage) to validate an existing lot as separately marketable and buildable for all purposes in the Residential-10 zoning district without further relief from this Board. The Locus, wh.ich currently contains a single-family dwelling, is nonconforming as to frontage. with the lot having about 12.64 feet of frontage along Lewis Court in a district that requires a minimum frontage of 75 feet. The Lot is conforming in all other respects to zoning requirements. The Premises are located at 14 Lewis Court, Assessor's Map 67, Parcel 153, Lot 49, Plan Book 18, Page 52. The property is zoned Residential-10. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the hearing, including plans, deeds and photographs. The Planning Board made no recommendation, as the matter was not of planning concern. There were no letters on file in favor or in opposition. Abutters, members of the Hughes family, located at 2 Lewis Court, 4 Lewis Court and 19 Newtown Road, were present at the public hearing and were represented by counsel. They spoke in opposition to the Application. They expressed concern about intensity of use on the street if the ground cover was allowed to be expanded or a secondary dwelling constructed on the site. They asked that should relief be granted to validate the Lot as requested, that no expansion of the structure be allowed, and specifically no secondary dwelling be allowed on the site. However, the abutters expressed no opposition to the validation of the lot as separately marketable and buildable. Applicant submitted a petition with nine signatures from abutters and area residents that were in support of the grant of zoning relief, stating no specific concern about any restrictions. The list represented twelve of the properties shown on the abutters list indicated in blue on a plan submitted by Applicant's counsel. 3. Applicant through counsel represented that the lot in question included parts of three parcels shown on earlier plans as Lots 28 and 28A, Plan Book 16, Page 10 and Lot 29, Plan Book 16, Page 61. These three parcels were acquired by three separate deeds from Andrew and Gladys Lewis to George and Marion Reith between 1963 and 1965. The deed for Lot 29 included rights to use the 3D-foot way, which is now known as Lewis Court. In April of 1972 the Reiths sold all three parcels to Ursula Holdgate, the mother of the Applicant, by a single deed recorded at Book 137, Page 134. Ursula Holdgate re-subdivided the three lots into two lots by an Approyal Not Required plan dated February 12, 1973 and recorded at Plan Book 18, Page 52. LQt 50 had adequate area and frontage on Fairgrounds Road. Lot 49 was conforming in all respects, but had 12.64' feet of frontage on Lewis Court in a district that required a minimum frontage of 75 feet. The basis for the ANR plan would have been the recognition of Lots 29 and 28A constituting one pre-existing lot that formed Lot 49, Therefore the 1973 ANR plan did not create any new nonconformities as Lot 29 was created in 1965 and the reconfiguration of the Lots to form Lot 49 did not change the pre-existing nonconforming frontage issue. The Reith deed to Ursula HoIdgate in 1972 described Lots 29 and 28A as one parcel by metes and bound$. Although possibly a misinterpretation of the provisions of the Nantucket Zoning By-law, in the early days, attorneys, property owners and the Building Department relied upon the Planning Board approval of a plan as definitive as to zoning as wen as subdivision control issues. In fact, the Planning Board approval did not confer conforming status under the Zoning By-law. The ANR and separation of Lot 49 from Lot 50 created a noncomplying situation as to frontage, at a point after the 1972 enactment of the Zoning By-law and thus conferred no protected "grandfatheredB status under said By-law. On February 16, 1973, Lots 49 and 50 were conveyed out of common ownership, They came back into common ownership in 1977 in what appears to be a divorce settlement situation. The Lots were conveyed out of common ownership again in 1983, It was due to the 1977 conveyance into common ownership that created the possible merger situation. In order to cure the "cloud" on the title and validate the Locus (Lot 49) as separately marketable and buildable, Variance relief would have to be issued by this Board. The Applicant acquired Lot 49 in 1984 from her brother Kenneth Holdgate, Jr, She obtained a sewer permit for two dwelling units, Historic District Commission approval for the location of two foundations and a Building Permit in 1984 to construct the existing single-family dwelling. A Certificate of Occupancy for said dwelling was issued April 24, 1992. The dwelling was conforming in all respects to zoning requirements and the Locus conformed to lot size. Applicant represented that upon a review of the Building Department records it appeared that Building Department officials considered the Locus a pre-existing nonconforming buildable lot of record, regardless of the fact that it had less than the required frontage. Applicant represented that this compounded the situation and that it was only when she offered the property for sale recently that she was informed that there was a question of compliance and separate marketability of the Lot. Lot 50 had also been built upon and had continued to be held in separate ownership since 1983. Applicant represented that though the Lot may have been technically unbuildable at the time of the issuance of the Building Permit to construct the existing single-family dwelling, a period of more than six years had passed since said issuance and issuance of the Certificate of Occupancy, and the structure was protected under the curative provisions of M.G.L Chapter 40A, Section 7, from enforcement by the Building Department. However, this did not validate the Lot as separate from all adjoining parcels. Applicant represented that there was no possibility of purchasing any more land to correct the noncomplying frontage as all surrounding land was separately owned and developed. Applicant further stated that it would be a financial hardship if she were not able to sell or improve the property further. In addition, the Applicant stated that the situation was unique in the neighborhood and a grant of Variance relief could be supported and that she had proceeded in good faith and had been left with a situation that she had not created nor could rectify in any other manner. 4. Applicant had initially asked to be able to use the property for all purposes allowed in the Residential-10 zoning district, i.e., build up to the maximum ground cover allowed of about 3,613 square feet (25%); and construct a secondary dwelling or other ancillary structure. Applicant stated that the existing dwelling was small at about 739 square feet. HoWever, due to objections from a few abutters, as noted above, the Applicant agreed to a ground cover limitation of 1,500 square feet and no secondary dwelling without having to seek further relief from this Board. 5. Based upon the foregoing, the Board finds that the subject Lot had merged with adjOining property and that the validation of the Lot by a grant of Variance relief as presently configured, and subject to the conditions herein, which presently contains a single-family dwelling, has been in existence for over twenty years and has used Lewis Court for access, would not create any new nonconformities or have a significant impact on neighborhood traffic or increase intensity of use in any way. T1'le Board further finds that: a Variance may be granted owing to circumstances relating to the shape of such land, with the Lot having an irregular shape, and especially affecting this Lot, but not generally affecting the zoning district in which is lies. Although a lack of frontage alone is usually not enough to justify a Variance, following the findings in the case of Paulding v Bruins, 18 Mass. App. Ct. 707 (1984), the Board finds that the property is unmarketable or buildable without the grant of Variance relief, not withstanding the presence of the conforming single-family dwelling; and that it appears that the Lot has no other use other than as a residential home site. The Board notes that the Lot has an irregular pork chop shape that is unique to this area and unlike most of the lots in the zoning district and is unusual in its shape apart from the absence of the required frontage. The Board also finds that the Applicant has not ability to rectify the lack of the required frontage with there being no abutting property available to cure the zoning violation. In addition to the "pork chop shape" there are additional conditions affecting this property to support a grant of Variance relief, to wit: a dwelling is already in existence on the Lot, pursuant to a duly issued Building Permit issued in 1984, a sewer permit issued in 1984 and Certificate of Occupancy issued in 1992. Pursuant to M.G.L, Chapter 40A, Section 7, this dwelling is protected against zoning enforc;ement and is, in any event, entitled to remain. In addition the Board finds that a literal enforcement of the provision of the By-law would involve substantial hardship financial or otherwise to the Applicant. In this instance the Applicant would suffer extreme financial hardship if the Lot was not validated and therefore not made separately marketable' an buildable within a residential zone. The Board further finds that a grant of relief by Variance to validate the Lot as separately marketable and buildable as permitted under zoning in the Residential-10 zoning district, subject to the condition that ground cover on the Lot shall not exceed a maximum of 1,500 square feet and that no secondary dwelling shall be permitted, would not constitute a substantial detriment to the neighborhood and would not nullify or substantially derogate from the intent or purpose of the By-law and would mitigate the opposing abutters' concerns about intensification of the residential use. The Board notes that the I-ot exceeds minimum lot size; is on an existing way which has been consistently. used by the Applicant as the only means of access; has been built upon pursuant to duly issued permits; and the use for residential purposes is permitted within the zoning district. The relief granted by the Board, after the full consideration of the situation and equities, validates what has been an existing situation and the condition limits the ground cover to significantly less than would otherwise be permitted within the zoning district. 6. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by VARIANCE under Nantucket Zoning By-law Section 139-16A to validate the Lot as separately marketable and buildable subject to the following conditions: a. Maximum ground cover on the Lot shall not exceed an aggregate total of 1,500 square feet without further relief from this Board; and b. No secondary dwelling shall be permitted on the Lot without further relief from this Board. (035-04) Mich Edward Murphy g ....-\ -.r o~ ~. z. ("") ( I. rr, ~ -:-r ~ c:= Qi - N a --- U1 -.J .'J n <'-j 1 i; Office Of The Town Clerk · Town Of Nantucket 16 Broad Street, Nantucket, MA 02554-3590 · Telephone: 508.228.7217 · Fax: 508.325.5313 FAX Wednesday, September 01,2004 To: P. de Rensis I R. Huxsam From: ! James (Town Clerk's Office) Fax No: 617.951.2323 Fax No: : 508.325.5313 ! Telephone No: 617.951.2300 Telephone No: i 508.228.7217 Subject: ZBA appeal # of Pages: ! 3 I To follow please find a copy of an appeal of the following matter filed yesterday in our office: 04-035 12-Aug-2004 DECISION VARIANCE 14 LEWIS COURT LEGG, KATHLEE +, TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSEITS 02554 Date: 1Ny000r 12-, 20 0 c.; To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the fol.lowing: Application No.: o3~- Ot.} Owner/Applicant: }<a!h(e:e11 F. Le9-.5:1 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 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. cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND V~RIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING-TO NANTUCKET ZONING BY-LAW ti139-30I (SPECIAL PERMITS)~ n139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. " , TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, MA 02664 Assessor's Map 67 Parcel 153 Residential-10 14 Lewis Court Lot 49, Plan Book 18, Page 52 Deed Ref. 210/24 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 :00 P.M., Friday, July 9, 2004 (originally noticed for June 11, 2004 and continued without opening) in the Conference Room, Town and County Annex Building, 37 Washington Street, Nantucket, MA, on the Application of KATHLEEN F. LEGG, fka Kathleen F. Holdgate, of 17 Keel Lane, Nantucket, MA 02544, Board of Appeals Application No. 035-04, the Board made the following Decision: 1. Applicants are seeking relief by VARIANCE under Nantucket Zoning By- law, Section 139-16A (Intensity Regulations - frontage) to validate an existing lot as separately marketable and buildable for all purposes in the Residential-10 zonihg district without further relief from this Board. The Locus, which currently contains a single-family dwelling, is nonconforming as to frontage, with the lot having about 12.64 feet of frontage along Lewis Court in a district that requires a minimum frontage of 75 feet. The Lot is conforming in all other respects to zoning requirements. The Premises are located at 14 Lewis Court, Assessor's Map 67, Parcel 153, Lot 49, Plan Book 18, Page 52. The property is zoned Residential-10. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the hearing, including plans, deeds and photographs. The Planning Board made no recommendation, as the matter was not of planning concern. There were no letters on file in favor or in opposition. Abutters, members of the Hughes family, located at 2 Lewis Court, 4 Lewis Court and 19 Newtown Road, were present at the public hearing and were represented by counsel. They spoke in opposition to the Application. They expressSd concern about intensity of use on the street if the ground cover was allowed to be expanded or a secondary dwelling constructed on the site. They asked that should relief be granted to validate the Lot as requested, that no expansion of the structure be allowed, and specifically no secondary dwelling be allowed on the site. However, the abutters expressed no opposition to the validation of the lot as separately marketable and buildable. Applicant submitted a petition with nine signatures from abutters and area residents that were in support of the grant of zoning relief, stating no speCific concern about any restrictions. The list represented twelve of the properties shown on the abutters list indicated in blue on a plan submitted by Applicant's counsel. 3. Applicant through counsel represented that the lot in question included parts of three parcels shown on earlier plans as Lots 28 and 28A, Plan Book 16, Page 10 and Lot 29, Plan Book 16, Page 61. These three parcels were acquired by three separate deeds from Andrew and Gladys Lewis to George and Marion Reith between 1963 and 1965. The deed for Lot 29 included rights to use the 30-foot way, which is now known as Lewis Court. In April of 1972 the Reiths sold all three parcels to Ursula Holdgate, the mother of the Applicant, by a single deed recorded at Book 137, Page 134. Ursula Holdgate re-subdivided the three lots into two lots by an Approval Not Required plan dated February 12, 1973 and recorded at Plan Book 18, Page 52. Lot 50 had adequate area and frontage on Fairgrounds Road. Lot 49 was conforming in all respects, but had 12.64' feet of frontage on Lewis Court in a district that required a minimum frontage of 75 feet. The basis for the ANR plan would have been the recognition of Lots 29 and 28A constituting one pre-existing lot that formed Lot 49. Therefore the 1973 ANR plan did not create any new nonconformities as Lot 29 was created in 1965 and the reconfiguration of the Lots to form Lot 49 did not change the pre-existing nonconforming frontage issue. The Reith deed to Ursula Holdgate in 1972 described Lots 29 and 28A as one parcel by metes and bound$. Although possibly a misinterpretation of the provisions of the Nantucket Zoning By-law, in the early days, attorneys, property owners and the Building Department relied upon the Planning Board approval of a plan as definitive as to zoning as wen as subdivision control issues. In fact, the Planning Board approval did not confer conforming status under the Zoning By-law. The ANR and separation of Lot 49 from Lot 50 created a noncomplying situation as to frontage, at a point after the 1972 enactment of the Zoning By-law and thus conferred no protected "grandfathered" status under said By-law. On February 16, 1973, Lots 49 and 50 were conveyed out of common ownership. They came back into common ownership in 1977 in what appears to be a divorce settlement situation. The Lots were conveyed out of common ownership again in 1983. It was due to the 1977 conveyance into common ownership that created the possible merger situation. In order to cure the "cloud" on the title and validate the Locus (Lot 49) as separately marketable and buildable, Variance relief would have to be issued by this Board. The Applicant acquired Lot 49 in 1984 from her brother Kenneth Holdgate, Jr. She obtained a sewer permit for two dwelling units, Historic District Commission approval for the location of two foundations and a Building Permit in 1984 to construct the existing single-family dwelling. A Certificate of Occupancy for said dwelling was issued April 24, 1992. The dwelling was conforming in all respects to zoning requirements and the Locus conformed to lot size. Applicant represented that upon a review of the Building Department records it appeared that Building Department officials considered the Locus a pre-existing nonconforming buildable lot of record, regardless of the fact that it had less than the required frontage. Applicant represented that this compounded the situation and that it was only when she offered the property for sale recently that she was informed that there was a question of compliance and separate marketability of the Lot. Lot 50 had also been built upon and had continued to be held in separate ownership since 1983. Applicant represented that though the Lot may have been technically unbuildable at the time of the issuance of the Building Permit to construct the existing single-family dwelling, a period of more than six years had passed since said issuance and issuance of the Certificate of Occupancy, and the structure was protected under the curative provisions of M.G.L Chapter 40A, Section 7, from enforcement by the Building Department. However, this did not validate the Lot as separate from all adjoining parcels. Applicant represented that there was no possibility of purchasing any more land to correct the noncomplying frontage as all surrounding land was separately owned and developed. Applicant further stated that it would be a financial hardShip if she were not able to sell or improve the property further. In addition, the Applicant stated that the situation was unique in the neighborhood and a grant of Variance relief could be supported and that she had proceeded in good faith and had been left with a situation that she had not created nor could rectify in any other manner. 4. Applicant had initially asked to be able to use the property for all purposes allowed in the Residential-10 zoning district, i.e., build up to the maximum ground cover allowed of about 3,613 square feet (25%); and construct a secondary dwelling or other ancillary structure. Applicant stated that the eXisting dwelling was small at about 739 square feet. HoWever, due to objections from a few abutters, as noted above, the Applicant agreed to a ground cover limitation of 1,500 square feet and no secondary dwelling without having to seek further relief from this Board. 5. Based upon the foregoing, the Board finds that the subject Lot had merged with adjoining property and that the validation of the Lot by a grant of Variance relief as presently configured, and subject to the conditions herein, which presently contains a single-family dwelling, has been in existence for over twenty years and has used Lewis Court for access, would not create any new nonconformities or have a significant impact on neighborhood traffic or increase intensity of use in any way. Tile Board further finds that: a Variance may be granted owing to circumstances relating to the shape of such land, with the Lot having an irregular shape, and especially affecting this Lot, but not generally affecting the zoning district in which is lies. Although a lack of frontage alone is usually not enough to justify a Variance, following the findings in the case of Paulding v Bruins, 18 Mass. App. Ct. 707 (1984), the Board finds that the property is unmarketable or buildable without the grant of Variance relief, not withstanding the presence of the conforming single-family dwelling; and that it appears that the Lot has no other use other than as a residential home site. The Board notes that the Lot has an irregular pork chop shape that is unique to this area and unlike most of the lots in the zoning district and is unusual in its shape apart from the absence of the required frontage. The Board also finds that the Applicant has not ability to rectify the lack of the required frontage with there being no abutting property available to cure the zoning violation. In addition to the "pork chop shape" there are additional conditions affecting this property to support a grant of Variance relief, to wit: a dwelling is already in existence on the Lot, pursuant to a duly issued Building Permit issued in 1984, a sewer permit issued in 1984 and Certificate of Occupancy issued in 1992. Pursuant to M.G.L., Chapter 40A, Section 7, this dwelling is protected against zoning enfon;ement and is, in any event, entitled to remain. In addition the Board finds that a literal enforcement of the provision of the By-law would involve substantial hardship financial or otherwise to the Applicant. In this instance the Applicant would suffer extreme financial hardship if the Lot was not validated and therefore not made separately marketable. an buildable within a residential zone. The Board further finds that a grant of relief by Variance to validate the Lot as separately marketable and buildable as permitted under zoning in the Residential-10 zoning district, subject to the condition that ground cover on the Lot shall not exceed a maximum of 1,500 square feet and that no secondary dwelling shall be permitted, would not constitute a substantial detriment to the neighborhood and would not nullify or substantially derogate from the intent or purpose of the By-law and would mitigate the opposing abutters' concerns about intensification of the residential use. The Board notes that the Lot exceeds minimum lot size; is on an existing way which has been consistently. used by the Applicant as the only means of access; has been built upon pursuant to duly issued permits; and the use for residential purposes is permitted within the zoning district. The relief granted by the Board, after the full consideration of the situation and equities, validates what has been an existing situation and the condition limits the ground cover to significantly less than would otherwise be permitted within the zoning district. 6. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by VARIANCE under Nantucket Zoning By-law Section 139-16A to validate the Lot as separately marketable and buildable subject to the following conditions: a. Maximum ground cover on the Lot shall not exceed an aggregate total of 1,500 square feet without further relief from this Board; and b. No secondary dwelling shall be permitted on the Lot without further relief from this Board. (035-04) Dated: August Edward Murphy 1 d -I.::. --i - D. ::= :E c::: -;;.~' GJ -~~. - C N r rr ;B ~ (f1 -.J TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, JUNE 11,2004 in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: KATHLEEN F. LEGG BOARD OF APPEALS FILE NO. 035-04 Applicant is seeking relief by V ARIANCE under Nantucket Zoning By-law Section 139-16A (Intensity Regulations - frontage) to validate an existing lot as separately marketable and buildable for all purposes in said zoning district without further relief from this Board. The Locus, which currently contains a single-family dwelling, is nonconforming as to frontage with the lot having about 12.64 feet of frontage along Lewis Court in a district that requires a minimum frontage of 75 feet. The Lot is conforming in all other respects to zoning requirements. The Premises is located at 14 LEWIS COURT, Assessor's Map 67, Parcel 153, Plan Book 18, Page 52. The property is zoned Residential-l O. N~~.$tJ~~- THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 APPLICATION FOR RELIEF CASE NO. ~~Or FEE: $300.00 Owner's name(s): Kathleen F. Legg Mailing address: 17 Keel Lane, Nantucket, MA 02554 Applicant's name(s): same Mailing address: same Locus address: Land Court Pia Ian File No.: 18/52 Date lot acquired:~/--.:1 84 Deed Ref./Cert. of Title: ~1 0/24 Uses on Lot-Commercial: Noneb Yes (describe) Residential: Number of dwellings 1 Duplex Building Date(s): All pre-date 7/72? or 1984 Building Permit Nos: . 3348-84 Previous Zoning Board Application Nos.: N/A State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: , Lot No.: 67/153 49 CaJJ S fof5 J Assessor's Map/Parcel: Zoning District: R-1 0 Apartments_Rental Rooms C ofO(s)?3348-92 See Addendum attached hereto. d ..c:.. :0 ~ -= =-< N ~ -0 (;i 1'V 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: ---;;;;4' ~ C, Applicant Attorney/Agent X (If not owner r ner's attorne , pee enclose proof of agency to bring this matter before the Board) FOR ZB OFFICE USE / / Application-.re'ceived on: (j~ pC( By: Complete: L,.../ Need copies?:~ Filed with Town Clerk:.L/ Zt(Iq:L Planning Re~lId.-"_1 Huilding Dept.:_i2 M~ Fee deposited with Town Treasurer: Sf 2- (IOe{ By: ~ver requested?:_Granted:_I_I_ Hearing notice posted with Town Clerk:lI7q-IOL-fMailed: j/f/o.-(I&M: .J/nfJ \...( & u..1 )I.Q)/ Hearing(s) held on:_I_I_ Opened on:_I_I_ Continued to:_I_/_ Withdrawn?:_I_I_ DECISION DUE BY:_/_/_ Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_ DECISION APPEALED?:_/_/_ SUPERIOR COURT: LAND COURT Form 4/03/03 05(17/2004 MON 13:10 FAX 5082287526 JULIE A FITZGERALD ESQ I4l 002/00 2 ADDENDUM Applicant is seeking relief by Variance under Section 139-32A from the requirements of Section 139-16A (Intensity Regulations - frontage) to validate an existing lot as separately marketable and buildable for all purposes in said zoning district without further relief. The lot contains 14,451 +/- square feet in the Residential -10 Zone which requires a minimum frontage of 75 feet. The premises are located at 14 Lewis Court, Assessor's Map 67, Parcel 153, as shown on Plan Book 18, Lot 52. The property is zoned Residential -10. The lot in question Includes parts of three (3) parcels shown as Lots 28 and 28A, Plan Book 16. Page 10 and Lot 29, Plan Book 16, Page 61. These three (3) parcels were acquired by three (3) separate Deeds from Andrew and Gladys Lewis to George and Marion Reith between 1963 and 1965. The Deed for Lot 29 included rights to use the 30 foot way which is now known as Lewis Court. In April of 1972 the Reiths sold all three (3) parcels to Ursula Holdgate by Deed recorded at Book 137, Page 134. She redivided the three lots into two (2) lots by an approval not required plan dated February 12, 1973 and recorded at Plan Book 18. Page 52. Lot 50 has adequate frontage and area. Lot 49 is conforming as to area and ground cover, but has 12.64' feet offrontage on Lewis Court. On February 16,1973, Lots 49 and 50 were conveyed out of common ownership. They came back into common ownership in 1977 and were conveyed out of common ownership again in 1983. The Applicant acquired Lot 49 in 1984 from her brother Kenneth Holdgate, Jr.. She obtained a Building Permit for a single family dwelling and a Certificate of Occupancy was issued April 24, 1992. Lot 50 has also been built upon. The Applicant was unaware that the property might have a zoning problem until she put it on the market for sale. The existing structures on Lot 49 do not exceed the allowable ground cover and all other dimensional requirements are met except for the frontage on Lewis Court. There is no abutting property available to cure the zoning violation. Due to the unique circumstance relating to this subdivision and the unavailability of other options to cure the defect, a literal enforcement of the provisions of the 20ning by-law relating to minimum lot area would involve substantial hardship to the Applicants. and the desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of the Bylaw and the Board may grant the relief requested by Variance. ~5/20/2~~4 15:36 5083250078 HOLDGATES PAGE 02 . ~..........,... . .~ '. .... ' 1 '. :q Il"i 'f ~ B; t (I 'I i i U I ;I.~ I ; f : Ii i 9 i I i I;'! t P w D ~. ~ I i g,. i! m ~ E 13 I o 0 ~ 0.; l~., . . I '~: ~U I 'flr'pm ..: t:1~: ~i: Ii: :i~II~18;;I: i rJ:lI"1 Ii; I- ~I& I~ ~ a ~ 15 ". Ill! J. I l:w2 ,. l boa. . ! i~ rl 'lIIlM .11 I ! S ~ ~ ~ a ~rl =f;'ill"111 ~ : r= ~ ~~. J ~ ..'m ~ ~ 1 ~ J f I . g~ ! ~Ii~ JI 'I '1\ HI~'~ Jliii i , ,~o I=O):::!. I I f I s I ~ I a! . , ~ ~ S g ',;11~ ,: r I' RI:j9A1i,hi j ~ ~ n~! ~ : IliiJ:I~~li!il~ ! . ~ ~ II: I : ~ 0 1'1 i' ! ~ ( f:l 1&1... '-;- E Zi.'" I ...i_l, I~' Q ~ ~' ,~~ ~ Iii i I ~ t I & · I en 'I ! I . '- ~.~ 8 I r a ! ~ J ~ II i J ilM i I j :.11 ~ ;, I t:IIIEJl!i1i"W, , ~I ~ ,~. ~ ~ ! II ~ e I ~ ' I & ...~. '~ I . !Ielll~ .Ilel . i e I,' " " i;riil~*1 it"; 12 II diU ~ ',.; ~liid;:,.J! " ,; j II I ! ~ 8 ! · i B e J I Jill _ ..' 'I I It :o!:m'd 6e~LeGGgOS MdO IHI L ~: i 0 ~OOl-l z-^~~ 05/20/2004 5:3& 5083250878 HOLDGATES PAGE Ell To:' Julie Fitzgerald Fax 508-228-7526 Page One of Two From: Kathleen Legg Fax 508-325-0078 508-228-0065 May 20, 2004 Hi lulie: I've been busy. The following page is the sewer application and permit that was approved which included second dwelling connections. I had the second lines for both wa~er and sewer brought in for a second dwelling when I built the house. This should help. I tried reaching Linda WiJIiams she is currently out of the office, 80 J am faxing her a copy of the pennit. ~~ Nantucket MA 02554-4309 "'-v To:: Linda Williams, Administrator . Zoning Board of Appeals : Fax 508-228-7205 Page One of Two Rej Application of Kathleen Legg Property: 14 Lewis Court Map 67, Parcel 153 AG stated above to Julie Fitzgerald I hope this wilJ help. Th~ you for your time and attention. If you have any questions, please feel free to call me,~~ ,~ r-.'I r ~. 'y'- . .... ~ - ""\ ,r- ) r.. -r' ,,~ ~ .",' i \ '\ ".' .. "'-.. ,.---- .- I v , ~ ~. ~ r: i r ! "j" I ~~~ :!! :r~ q ...", II ~"11 :"G:l Il. . ~.....'t ..... ~- .~ .'" .... i il:,,,, ~ l.ll-o '::'~ "'II , ~:lbl ~ ~A.~ ~::. . ~ ~ ~ ~ ~ ~ ~ II ~ .. 110:I :l ~ P'-:3 ~ ~....';:1, . l'< ~::rb' II ,q!>"(~ ~;l "'a. ~ i'l Il. ' 't..... . '" ..... ~ ~~~ ~ ~ ~'~~ ~ ~~II. h. ~ ~, ;l Il. ", ~'fI'-",:.,:<,,-,.~ ....~. " ,..- / o~ ->~ " " ~ ~ I. rk ~ \ t: .. I ,- .. I I ~ ' ~ ~ ~ ~ 'I tit !, ~. ~ ~ ~ ... ~ L i1" .., \ ~\\ ".~ ~~~ t ~ in l ..~~ , " '~ I . . ~ ~"17"".;.!Jl._,,!"'~. ~ ~ ~r."'_ . -- -~"._'c:~' ..~:-..........~ .-, \ 'i - ;"'- -. "''t"' ~~.~., ''ol, J"' ~ "<!to'.) \)ca~ tp.. Q>",ca ;:<t: ~. 1..._'- . 'f I ..' i . I ~ ." I . "' t . ,~ ~ :~ :: i ~-;)~ .iLl , '.t,"/i..-HO. . ';:: '". 4'4~~. ;ci";.~'",~,~~~I,*,.J":;::;~'~:':.~gU),"~~#,~",~,,, . ....~~ I ~. . ,; . 'i r\ v-P CO L , ".'" // \0>,' -e " ~, " / ....~, ' / / \ 5q~ / Yt&,.. -p/ \/ lIP / _ 6' / - '1'/ ~ / \>' ,.., ~&,.,. ?l-9 AIe.~A' l'f, "-'5'/ t\.J'.,t:': o A?. O...J.s., Ae.I'l~ 'A_.~ ZONING: R - 10 MINIMUM LOT SIZE IO,OOt) 0'J:- MINIMUM FRONTAGE: 75 . FRONT YARD SETBACK:ZO' REAR & SIDE SETBACK: /0' GROUND COVER RATIO: ZO% PLOT PLAN OF LAND IN NANTUCKET, MASS. THE STRUCTURES SHOWN ARE LOCATED AS SHOWN. el/ SCALE 1"= 30' DATE: A P~/"-' ~, /9 'f.v PLS I DATE: r1I'A.I'I.P.. I 9 ~ JOHN J. SHUGRUE INC. 57 OLD SOUTH ROAD NANTUCKET, MA.02554 FOR: f( ..-?'YN~.c~N .<...-€; (i q. ASSESSO ~7 '. r""'-' I' " j t t C__'" ""'~_"'F1' .1'. .~",.',-.FI' ,":;1"""". ~"'P' -~~ "'-1 ' ; .. i ~ I L- I ~ l~lq .(.. ^,,,<oo~,,(.o eo,.. Cot'"" "C''''' ~c ";'Il · ~.. A .as ~ . 80.1 '" . ,. CO ~ '7~..,#" '" III . . . '00 .... " . , ,. .. III .. .. ,. . It ! . ~ I...&. !!:- ... , ",~ -~ . . ,r II", .. ( 4i .,. .. .. ~ . ~~ " . t '" , ~ = 0( ,...,. .. . . n 'I: ~ ;t r r, ... . .. II> .. .. . Cot 'X . 0 :.. c ". II 'I: '" c. .. .. f N-=""TOWN ':, " '~;c~::c:: '. :.-,. ~ :\ ';:;~-")"-::. ""'f.:~.';,:""'__""':,,:,_ . "i~ ' . _' I' _ ~ f" ~..., ."' ','_i"~~:,~:,. ,~.-~,.: '" ~ ~"1 i i '; ~I <- 1 1 ,. P ,~OACI c;.u.toe) , .,~- ":,,, /"-' '-.;'".....-.-1-.. "Ii '. , ~ . :...-- 'I ,~~ ] J j 1 1 J I J 1 [J i i -" j,j. :1. ~f n, \...' " ,t/ .. w r- % .'1.8 " i .J. c \9 ... -.. 0 ..~ r0- O; . 0 " 0 0 " cc . 1M ,"" ... . ( 0 '0 :..J ~ ,). .'} "C>' <:> . , I~_',.''''; r ~~:~.J '"~'~~~~'~~;"'-l,~,'J.f~A:~"., .. r: J" LAND OF~"" ANDFt"EW po I L~ D NO. !J,p./ JUIU. _ ...... - o. ANO CSLAO'l6 H. Lt:W'3 OONI\4.D L, MACDON4D <<'8. ,.... I7r ,"" '. 6 a. $'..... '- : . ..~-.,. .~6A .;.. 4 " Of JUM 14., ,~..': ".~ ~(l,twr.'1 ~ t (' ... .,J .", i "I. H" ..... . 'eo. f .... ._. .'" t: AIF(4!i ~OU""D.s ROAD '~~.~, .,J ,,' <p.,~r"7~ tr- . . ~"-' .. :. I to w. .", ' - ) 1&1 .... .-." o ') III It i < ,. . ,', " MA"f '0, 1"'3 ~CALI: ,f. t., ~oa'''H~.e;~~~~r,...... '. ".. , ..~ .~ . ~ "~~~ .. '. . ..... " .."},, ~ ~ ...; , , ' i\ ,;:.}: . ~ 0.. ...~. .' ~ . ,'. ,~~ ""1'>.~ .' '._.;.',:,":'~ '.0- ; 'lU,.,..,... i...~ .-..,..,. I ~, , \ 2-89 1301. 1'0)':1-,\ NANTUC~ET ZONING BOARD OF APPEALS , 'TOW.NAND COOliTY BUILDING ", NANTUCKET I MA 02554 ASSESSOR'S LIST OF PARTIES IN INTEREST 1/:>(pJIJO ./ PROPERTYOYU<E~~ -j<L,..JI/Ren ;:: ~s ale<. ~11fp/e 'APPLICANT FOR RELIEF (SAME? L): ADDRESS. OF PROPERTY : 1'/: ).eWJJ CC:J/.:JY""1 //;1 * * A~SESSOR t S MAP - PARCEL: "T - . . LIST OF PARTIES INCLUDING ADDRESSES*(OR SEE ATTACHED ~): j'~ . ' RECEIVED , BOARD OF ASSESSORS APR 2 0 2004 r OWN OF NANTUCKET, MA .' oJ , - . ;: 'f I certifY"that 'the foregoing (or the attached __) lis't;:s all'p~rsq.~s.;', natur.al or le<:?,al, who are ,?wners of abutt~ng 'property., 'owners, of land d~rectly oppos~te on any publ~C _ or private ':street or way; and abutters of the abutters and all other land owners within three hundred feet of the property line'of owner's property, as they (and their address) appear on the roost recent applicable tax list (per. M. G'.L. c .40A, section 11 and Zoning Code Chapter 139, section l3Q-2~D(2)]. <~L;1/ ,}.tJOt( D e ' . . . " *NOTE: APplicant '(petitioner) 'should include with the lot ~or which zoning relief is sought, any commonly-owned abutting lots which might become involved in the zoning matter. 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U ~ !ll g &: ~ ., Q ~ 8 ~ !2 ,:, III ~ re S 0 0..... = U " ~ ~ = gJ III 0; W W ::1" " ~ a: ~:E ~ ~~ ~ ; :::! wf:l ..:::! g etlil~ ~ g r:J ~~ ~g .. e~~ I!jE ~ "I!j~ ..:::!,," ~.. ..~I!j~u..~ u~ E I!j !i!~ < ~ ~ ., .. : ~ ~:E ~ :E ~ 1Il S ~ tJ ~ ~ ~ : ~ ~ .. :E s !i~li~il!e:~~~~i~!I~i~I~~;~ ~ u"S~~u!2~~..:lj;!~~~!:ll'!~~r::~f;l"o:~~><~ I ww..~ ><<":::!i:lmw~~OO.,~ W!ll~~[j~ ~ mm~~~g~~~a.,~~~~~~~~~~E~~~~~ 6 ~ ~ w = ~ i ., " w ~ ~ ~ = " a ~ ~ " U ~ Q r:! ~ = = m ~ +J 'M :5 .... \.) .... I') l- ..., ...Lt1\DOIO....C\I...Ul\DO"ll' .s ~~~g~~~~~~~~~~~~~~~~~~~~~~~ ... u o .... 1Il ~ o N ...., ...., o rl o o N ..... rl N ..... ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ fidie~0/Z?7;~aId ATTORNEY AT LAW 4 BARTLETT ROAD P.O. BOX 2567 NANTUCKET, MASSACHUSETTS 02584 FAX (508) 228-7526 fitzgrld@nantucket.net TELEPHONE (508) 228-7525 IN HAND May 5,2004 Catherine F. Stover, Town Clerk Town and County Building 16 Broad Street Nantucket, MA 02554 RE: Application of Kathleen F. Legg Property: 14 Lewis Court Map 67, Parcel 153 Dear Ms. Stover: Please certify the date and time of filing of the attached Board of Appeals Application on the enclosed copy of this letter. Thank you for your assistance. Very truly yours, IleA. FI:t~ Received and entered: c:i ~ :u ti Catherine F. Stover, Town Clerk ~ -< I 0\ cc: Mrs. Kathleen F. Legg ~~ C:J o \0 NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 FEE: $300.00 CASE NO. APPLICATION FOR RELIEF Owner's name(s): Mailing address: Applicant's name(s): Mailing address: Kathleen F. Legg 17 Keel Lane, Nantucket, MA 02554 same same Locus address: 14 Lewis Court Assessor's Map/Parcel: 67/153 Land Court Plan/Plan ~o.k & Page/Plan File No.: 18152 Date lot acquired:~/ld:l 84 Deed Ref./Cert. of Title: ~1 0/24 Uses on Lot - Commercial: None _ Y es (describe) Residential: Number of dwellings~ Duplex_ Apartments_Rental Rooms Building Date(s): All pre-date 7/72? or 1984 C of O(s)?3348-92 Building Permit Nos: . 3348-84 , Lot No.: 49 Zoning District: R-1 0 Previous Zoning Board Application Nos.: N/A State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: See Addendtnll 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: --;;; c---: ~ L. Applicant Attorney/Agent X (If not owner r ner's attorne , pee enclose proof of agency to bring this matter before the Board) / FOR ZBA OFFICE USE Application-dceived on:_/_/_ By: Complete: Need copies?: Filed with Town Clerk:_/_/_ Planning Board:-"_/_ Building Dept.:_/_/_ By: Fee deposited with Town Treasurer:_/_I_ By: Waiver requested?:_Granted:_/_I_ 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:_/_/_ DECISION APPEALED?:_/_/_ SUPERIOR COURT: LAND COURT Form 4/03/03 ADDENDUM Applicant is seeking relief by Variance under Section 139-32A from the requirements of Section 139-16A (Intensity Regulations - frontage) to validate an existing lot as separately marketable and buildable. The lot contains 14,451 +/- square feet in the Residential-10 Zone which requires a minimum frontage of 75 feet. The premises are located at 14 Lewis Court, Assessor's Map 67, Parcel 153, as shown on Plan Book 18, Lot 52. The property is zoned Residential -1. The lot in question includes parts of three (3) parcels shown as Lots 28 and 28A, Plan Book 16,. Page 10 and Lot 29, Plan Book 16, Page 61. These three (3) parcels were acquired by three (3) separate Deeds from Andrew and Gladys Lewis to George and Marion Reith between 1963 and 1965. The Deed for Lot 29 included rights to use the 30 foot way which is now known as Lewis Court. In April of 1972 the Reiths sold all three (3) parcels to Ursula Holdgate by Deed recorded at Book 137, Page 134. She redivided the three lots into two (2) lots by an approval not required plan dated February 12, 1973 and recorded at Plan Book 18, Page 52. Lot 50 has adequate frontage and area. Lot 49 is conforming as to area and ground cover, but has 12.64' feet of frontage on Lewis Court. On February 16, 1973, Lots 49 and 50 were conveyed out of common ownership. They came back into common ownership in 1977 and were conveyed out of common ownership again in 1983. The Applicant acquired Lot 49 in 1984 from her brother Kenneth Holdgate, Jr.. She obtained a Building Permit for a single family dwelling and a Certificate of Occupancy was issued April 24, 1992. Lot 50 has also been built upon. The Applicant was unaware that the property might have a zoning problem until she put it on the market for sale. The existing structures on Lot 49 do not exceed the allowable ground cover and all other dimensional requirements are met except for the frontage on Lewis Court. There is no abutting property available to cure the zoning violation. Due to the unique circumstance relating to this subdivision and the unavailability of other options to cure the defect, a literal enforcement of the provisions of the zoning by-law relating to minimum lot area would involve substantial hardship to the Applicants, and the desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of the Bylaw and the Board may grant the relief requested by Variance. ~;-:/.:...~-,.~......,.._, ~'~"-'-"'~"-' .~. '~'fI'~W~-~'~"-~~"': ,(""'"'1 M L...."....,.... " ,; ; "y~- .' ".-'1;,." ,.- / o~ ~~ ';1 \ '\ \ ....' . """-'-- .-.- -;.. ~, 'I~ \k r t l f I t 1 r {- i ~ f g 1._. f: i- ii,. r ~ ~ ~ . ~ ~ I. f~.~ I ,'i ~ ~ l:J .. lio lio '1 tit ~ ~. ~ ~ ~}~. t 1', ~, l .\ H\ ~~~ t 1 in l ..~~ '~ ~.., "-"7""~~~''''~'-''''':I!''.,._ . r-"l ~. S" ~ . . 'c.~' '-'. .........--.-r.::;o,o..."...~~" "- "",... .'" .._l" .."~.....:-...".<~............... - - ofl ~. i , I >'./ '".", r .;: ! . ::!: , ;. j .,J:!,., ., i '.t"~...<#o. ..... """";'~;lii...1l;"'~ci'4Ir~;i~"~li~~'~~_M'!'~'_~. . . ."'....iJ,.~""""'."""~. "~ .....'... ',J.' . ~.... .', ,"','" ,J' '. t':'/!",;,,,: \ , -,; ..~..;.._. .'{ L . '''''r.: / 1.>" -e ,/ "':'''- " ,/ "';::" ' / " THE STRUCTURES SHOWN ARE LOCATED AS SHOWN. ct/ . ,,,,-.e.. PLS I DATE: o.r>A/~..2 /9 ~ " ~~"r '$1-'7 Ate.J;;A' I.... "1-.5"/ f\f'.r. o ~ ". s.:d., Ac..;Q,~ lIP / 6'/ '/1/ u,~ ,", '" ZONING: R. - 10 MINIMUM LOT SIZE IO.OOt) .J'I="' MINIMUM FRONTAGE: 75 . FRONT YARD SETBACK:20' REAR & SIDE SETBACK: 10' GROUND COVER RATIO: za % PLOT PLAN OF LAND IN NANTUCKET, MASS. SCALE 1 "= 30' DATE: ApR.-II...- .<.. 1'1 <f..v JOHN J. SHUGRUE INC. 57 OLD SOUTH. ROAD NANTUCKET, MA.02554 FOR: f( A?"N~,C.e;N .{,..e; ;; q. ASSESSO t,7 lSf.. f""""" I 1 } ! ,.. ff'"~ ~. oJ1l . C" ,. .a8 . ;" " '.4.-i-:~~;,;;\':,-__~.:'.:.. . Y.? .''=' ~ .OOIV"'1..0 1... .. a/.Pi' .. ole '. ,. . . :.. ... \ NlItWTOWN ~~; ,,'.ii..e'~i':" .... _, ;1.,:......., -;oo;::;~'.:<. . ~, ~, ,G. ;",F" ~ .. ..I! ~ .~ ~ ~ . ~i'" .,~ -;t7. .... '" f~1 ! I "''''coO'''''''(.o .-,. CI", .. ~ w '" Cot . ...." ~J".BB' ... . '. .. .I'tOAC l' . . c......-.) ,,"~' :;,'E ".'M~-".'-l I ~ Ii f"1'" ... %"11 p- I'"" 11\ <- J ... c: "" .. r ';" - ... . i .' '.:0 r ''-.' '/1-3 ....'>' ]I . .. .,- Cot ... .. . . ;. ", 0:, "'- ~. 'S, :.1. 1 ~~;i ] .. ...'1... v" OJ .1 .......~' -~ 'l ~ -t i ;t J 1 I " f ~ j 1 '. ?4~~J~,~~~.,~~;,,;;t~,'i~~~A~~~,:., "".:, .'~ " ~f lAto-JO OF~'" ANDF\EW 11.I ~.~'P.f D JUN.4 ~ '''-- O. ANO 6LADYS H. LfW,,:s OONI\..O L. MACOON4..Q co. 8. ,...' Ii7r :f/I( 8 a. $,"" .. '- .'. . -'.-.,. , :leA ;.. .. " Of "e. JUH14. .. G"'~ , ~~ ~f1.~.'1 ~ l (' - 001 ." i -..", ..... ,t .. W t- % " Q 48 .J. ., c 00" . ... ~ C"" ? 0 d 0 tC . III oJ, l- I C 0 '0 'oJ . '.0. f ., ';" t: AI~6 ~OUNO-=S ROAD F-:P"~~y..;r~ _ 7,__, .. ~. i .. III, !l ) l&I ... 't, o :I' III rt i ~ .. o i o tj MAV I.. '4'3 ~ CALol ,i. ~. \Jo.'AH a. e~tlt~tr,"..it -~~~~ .. ...; r-, ~.. ". .\. l'.~, t ' ,',- .1~' ;~ " ~~ '1">~ , :..'.'--' :':.0' ,~,~ {. --~ -,. I "'. , \ 2-89 1:)Oli }'ona . NANTDCYET ZONING BOARD OF APPEALS , . 'lOWN AND COUNTY BUILDING ... NANTUCKET, MA 02554- ASSE,sSORI8 LIST OF PARTIES IN INTEREST 1/:> (pJOO ./ PROPERTymfflER: -;<;.dI,/een j:' ~s ale<. -dlL,:pJe . APPLICANT FOR RELIEF (SAME? L): 1'/:kwJr C0Lr1 /,1;"3 * * ADDRESS. OF.PROPERTY: .. . A?SESSOR' ~ MAP - PARCEL: to T - . . LIST 'OF PARTIES INCLUDING ADDRESSES*(OR SEE ATTACHED ~): ,. RECEIVED . BOARD OF ASSESSORS APR 2 0 2004 lOWN OF NANTUCKET, MA .' J I . . ;: 'f I certify,-.that 'the foregoing (or the attached ) lists all,'p~rsq.~s.,.:': natural or le9cil, who are ,?wners of abutt~ng 'property,,:owners, of' land d~rectly oppos~te on any publJ..c . or private ':street or way; and abutters of the abutters and all other land owners within three hundred feet of the property. line. of Owner's property, as they (and their address) appear on the roost recent applicable tax list (per.M.G..L. c.40A, section 11 and Zoning Code Chapter 139, section l3Q-29D(2)]. tdfL C2 j ~tJO 1 D e ' . . *NOTE: APplicant (petitioner) should include with the lot for which zoning relief is sought, any commonly-owned abutting lots which might become involved in the zoning matter. 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P UlE-tN ei::El (l)o5=~ta1 ('I') ~801b I 8 t ~ u ~ ~ ~ '" ~ ~ ~ lil u ~ H ~ ~ ~ ~ ~ ~ 8 ~ "''''....~~~IIl\D~l;llia~~~\D'''....B l;l", e ~~~~~aaa~~5EE~~Ba~~~~~EE~~ ~ ~",",g:::gOl:::~~g\D~:::~~~:::ggg~2~~g\D t!l ~~ en H ~ ..:IE-! en~ l!:U ~n~ ~~ lIlZ ~ ~ ~ ~ ~ r:l I ! I>: ~ I .. ~ ~ ~ u '" ~ o u "' ~ '" ~ .. i ~ ~ ~ 5 00 o ..... u ~ ~ '" ~ ~ ~ I!l ~ '" ~ '" [;J a ~ z t! ~ ~ s g o ..... u .. gj .., I>: ~ ~ '" ~ s g o ..... u '" [;J ~ t: I>: '" ~ E III ~ ~ l>i I re ~ 8l ~~ III U U tl ~ '" ~ ~ ~ ~ ~ 1:: ~ 8 ~ ~ ~ Ii H III a 00 l>i '" ~~ ~z ~ ~I>: ~ ~ ~ ~~ ~~ : ~a~ I!ll '" : ~ .. ~ .., .. ~ I!l.. 00 ~ I!l ~ U .. ~ U ~ ~ I!l I!l ~ ~ < ~ ~ '" .. : e ~ z ~ z E ~ S e tl ~ ~ ~ : ~ ~ .. z i ~~~I~~=!I~!I;leli~~~~~!;;:1 I>: ~"'''' lll~=USHI ~ l>i..,r:l~~<u ~ ~ U".:l"'OU~~.:l ~ !'.ltl~ t:~l:l00 ~~ I ",,,,~Ii"'''~~~1>: "'rj::iOg ~I>: "';rj~;::i ~ mm~;~g~!l~~",8Si!lt~g!l~~~~lilSS~i!l ~ ~~~=iili",t3~;;!~~g~~fj~t3800ar:lrjgg~~ .oJ ... g "- \,,) .... I') ).. .iJ ""U')\OO\O....N""\ll\QO<of o ...100l0...-tO....NM..,ltlIDf"oCX)O............U')U')LI'Ilf)lt'llt1I1')(I) H r--r--f"o(l)Q)MMMMMMMMM................................."""...."'U) .lo! o o .... ~ ~ o N M M o .... o o N ...... .... N "- f!- ,^ ,^ ,^ '^ '^ _ _ _ _ _ _ _ _ _ .... .... .... .... .... .... .... .... .... .... .... .... .... Smooth Feed Sheets ™ Charles A. and Jean Hughes 19 Newtown Road Nantucket, MA 02554 Sandra E. and James P. Hastings, Sr. P. O. Box 2535 Nantucket, MA 02584 Arthur E. and Jean Egan 9 Waydale Road Nantucket, MA 02554 Lisa W. Killen c/o Thomas & Laurie Paterson Tr 43 South Shore Road Nantucket, MA 02554 Irvin F. Holdgate, Jr. Susan Ho1dgate 19 Fairgrounds Road Nantucket, MA 02554 Thomas B. and Karen Craddock 16 Wayda1e Road Nantucket, MA 02554 Frederick C. Coffin, Jr. c/o Frederick C. Coffm, Jr. Trust P. O. Box 68 Nantucket, MA 02554 Paul L. Kepnes, Trustee Pershing Realty Nominee Trust 22 Richard Road Marb1ehead, MA 01945 Irvin F. Holdgate, Jr. 19 Fairgrounds Road Nantucket, MA 02554 eAVERY@ Address labels George Alan Hughes 4 Lewis Court Nantucket, MA 02554 Robert J. Ramos 11 Ramos Court Nantucket, MA 02554 Charles S. Glidden, Jr. & Phyllis Glidden 13 Waydale Road Nantucket, MA 02554 Brook P. Meerbergen P. O. Box 673 Nantucket, MA 02554 Barbara M. Thomas Tr Holdgate-Thomas Nominee Trust 13 Fairgrounds Road Nantucket, MA 02554 Jerome and Lorraine Vigil 40 Crestview Road Milton, MA 02186 William F. Puder, Trustee WKP Realty Trust P. O. Box 2643 Nantucket, MA 02584 Charles J. Gardner Box 577 Nantucket, MA 02554 Lee E. Bradley & Mary B. Miller P. O. Box 3329 Nantucket, MA 02584 Use template for 5160@ Thomas J. Stackpole, Trustee 5 Lewis Court Nominee Trust 5 Lewis Court Nantucket, MA 02554 Cynthia Murray P. O. Box 1882 Nantucket, MA 02554 Dennis and Joan M. Santangelo 8 Waydale Road Nantucket, MA 02554 Barbara M. Thomas Tr c/o Sarah & Steven J. Holdgate, Jr. 6Yz Lewis Court Nantucket, MA 02554 Nantucket Electric Company clo Properties Dept 25 Research Drive Westborough, MA 01582 J. Curtis Glidden 12 Waydale Road Nantucket, MA 02554 Edward L. Davis, II P. O. Box 7 Nantucket, MA 02554 Irvin F. Holdgate, Jr. Susan Ho1dgate 19 Fairgrounds Road Nantucket, MA 02554 Barbara M. Thomas Tr c/o Robert M. Holdgate 6 Lewis Court Nantucket, MA 02554 laser 5160@