HomeMy WebLinkAbout046-04
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: ~'Iem~ /5 ' 200c(
To: Parties in Interest and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: Oc,lC,/'Dt(
Owner/Applicant: IOtLn O~ A./an'f-c/cb-t- ~ Ji-S-elf
as (') W()Pr. (] fA dl ~ Alan Yo cJc{J"7t ~ d u ('0 "'h h YJ
,
TnJST (NPT) Jessee
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. d
.c~
cc: Town Clerk
Planning Board
Building Commissioner
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PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 55
Parcels 613 and 614
R-10
2-4 Cow Pond Lane
Plan Book 2, Page 52, Lot 3
Plan Files 54-X and 2-04, Lot 4
Deed Ref. 622/321 and 842/247
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday,
August 13,2004, at 1:00 P.M., in the Conference Room in the Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, the Board made the following Decision on
the Application (046-04) of TOWN OF NANTUCKET FOR ITSELF AS OWNER,
AND FOR NANTUCKET EDUCATION TRUST (NET), LESSEE, with a mailing
address of 16 Broad Street, Nantucket, MA 02554 and PO Box 1465, Nantucket, MA
02554, respectively, in connection with property known as 2 - 4 Cow Pond Road,
Nantucket, Massachusetts.
2. Applicant (NET) is seeking relief by V ARlANCE pursuant to Nantucket
Zoning By-law Section 139-32 from the provisions of Nantucket Zoning By-law Section
139-16A (Intensity Regulations - side/rear yard setback). Applicant is asking to be able
to reduce the northerly side yard setback from the required ten feet to as close as one foot
in order to re-site a single-family dwelling closer to the lot line. The Massachusetts
Historical Society (MHS) has done an archeological review as part of the overall review
process for a muhi-unit housing development associated with the Nantucket Public
School system and has determined that there may be a potential Native American
campsite on a portion of subject Lot 4. MHS is requiring that the structure be sited a
minimum of20 feet way from the protected area. The Lot also would contain a separate
conforming duplex structure, having obtained a Multi-Family Special Permit from the
Nantucket Planning Board.
The Premises is located at 2-4 COW POND LANE, Assessor's Map 55,
Parcels 613 and 614, Plan Book 2, Page 52, Plan File 54-X and Plan File No. 2-04, Lot 4.
The property is zoned Residential-l O.
3. Our Decision is based upon the Application and accompanying materials,
plans, photographs, representations and testimony received at our public hearing. The
Planning Board made no recommendation, as the matter was not of planning concern.
There were no letters on file other than those submitted by the Applicant and there was
no support or opposition expressed at the public hearing.
4. Applicant (NET) represented that they had entered into a long-term lease
with the Town of Nantucket and the Nantucket School Committee to construct housing
that would be dedicated to use by the school on Town-owned property. There were four
lots in the subdivision, with the Locus being the northernmost lot on Cow Pond Lane.
The Planning Board granted Special Permit No. 02-04 which approved 12 units in eight
structures on four lots, under the Multi-family Overlay By-law and allowed second
driveway access. The Locus was to be improved with two structures, the subject structure
known as "Building 8", a single-family dwelling, and a separate duplex structure known
as "Building 7". The Lot and Building 7 are conforming in all respects to the dimensional
requirements of the Zoning By-law. However; as a result of a report from the
Massachusetts Historical Commission (MHC), which determined that there was a
possible Native American "dwelling site" covering a substantial portion of the Lot,
Applicant has been required to relocate Building 8 as far away from the specified
restricted area that encompasses the easterly portion of the Lot. As a result, Building 8
bas to be sited as close to the northerly side yard lot line, which is proposed to be zero
feet. MHC had asked for at least a 20-foot setback from the outer perimeter of the crrcle
and even with the zero setback they would not,be able to meet the 20-foot requirement.
Applicant stated that the proposed site was the only location that would possibly satisfy
the MHC and still be able to construct this dwelling unit. Applicant stated that this
situation appeared to be unique to this particular lot as no other sensitive archeological
sites were determined to exist on the other three lots in the same subdivision.
5. Based upon the foregoing, the Board :fu.tds that the unique situation created
by the possible archeological discovery related to the Native American population that
historically inhabited the Island and affecting Applicant's land and not affecting the
Residential-l0 zoning district generally and the possible loss of Applicant's ability to
construct much needed school related housing on the Locus due to restrictions on the
location of Building 8, would result in substantial hardship to the Applicant and the
community. The Board further finds that relocating the dwelling to a point no closer than
one foot from the northerly side yard lot line would result in a desirable public benefit in
creating more school related housing and be in harmony with the general purpose and
intent of the Zoning By-law and would have minimal impact as the property immediately
abutting the Locus is school property. The Board further finds that Variance relief 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-law.
6. Accordingly, the Board of Appeals, by a vote of four in favor (Waine,
Loftin, O'Mara, Toole) and one opposed (Sevrens), the Board GRANTS the requested
relief by VARIANCE under Section 139-16A to permit the single-family dwelling
(shown as Building 8 on a plan done by Nantucket Surveyors, Inc., dated July 13. 2004, a
reduced copy of which is attached hereto and marked as Exhibit A, and attached for the
sole purpose of identifying the subject Lot 4 and structures contained therein, and not for
the purpose of siting the structures in the specific locations shown), based upon the
following condition:
(a) The relocated structure shall have a minimum ofa one-foot setback
from the northerly side yard lot line, and there shall be a minimum
often feet between Building 7 and the subject Building 8 on this
tot 4.
(OY~/.O ~)
Dated: September15-, 2004
Nancy 1. Sevrens
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NOlES
1) SEE LEASE RECORDED
IN DO.8K.842. PG.247,
2) lHE LOTS _ HEREON HAW: tHE
IlENEFIT cYF AND ARE SUB.ECT TO A SProAL
PERIllT GRANtED BY lHE NANlUCI<ET P\.ANNINO
8OARD,
FOR PROPERTY UNE OETERtoIlNA nON THIS PlOT PlAN
REUES ON CURRENT DEEDS AND PlANS cYF REcORD,
\UllFIED BY FlElD lIEASUREt.lENl'S AS SHOIIN HEREON.
nilS PlAN IS NOT REPRESENm> TO BE A TI'lU:
EXAIlINAlION OR A RECDRDAIlI.E SUR~.
.e. 281 38
PLOT PLAt-{
TO ACCOMPANY
Z.B.A. APPUCA TlON
IN
NANTUCKE~ MASSACHUSETTS
SCALE: 1"=40' DATE:JULY 13, 2004-
DEED REFERENCE: DD.BK.622,PG.321
PLAN REFERENCE: PL.NO. 03-52
ASSESSOR'S REFERENCE:
MAP: 55 PARCEL: 613 & 614
PREPARED FOR:
THE NANTUCKET EDUCATIONAL TRUST
NANTUCKET SURVEYORS INC.
5 WINDY WAY
NANTUCKE~ MA. 02554
OVERLAY DISlRICTS:
pueuc WEllHEAD RECHARGE;
I.IULllFAMILY
CURRENT ZONING: R-l0
MINIMUM LOT SIZE: 10,000 S.F.
MINIMUM FRONTAGE: 75 FT,
FRONlYARO SETBACK: 20 FT.
SIDE ANO REAR SETBACK; 10 FT.
ALLOWABLE G.C.R.: 20:1
N 7199
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, AUGUST 13,2004, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
TOWN OF NANTUCKET FOR ITSELF AS OWNER, AND FOR NANTUCKET
EDUCATION TRUST (NET), LESSEE
BOARD OF APPEALS FILE NO. 046-04
Applicant (NET) is seeking relief by VARIANCE pursuant to Nantucket Zoning
By-law Section 139-32 from the provisions of Nantucket Zoning By-law Section 139-
16A (Intensity Regulations - side/rear yard setback). Applicant is asking to be able to
reduce the northerly side yard setback from the required ten feet to as close as one foot in
order to re-site a single-family dwelling closer to the lot line. The Massachusetts
Historical Society (MHS) has done an archeological review as part of the overall review
process for a multi-unit housing development associated with the Nantucket Public
School system and has determined that there may be a potential Native American
campsite on a portion of subject Lot 4. MHS is requiring that the structure be sited a
minimum of20 feet way from the protected area. The Lot also would contain a separate
conforming duplex structure, having obtained a Multi-Family Special Permit from the
Nantucket Planning Board.
The Premises is located at 2-4 COW POND LANE, Assessor's Map 55, Parcels
613 and 614, Plan Book 2, Page 52, Plan File 54-X and Plan File No. 2-04, Lot 4. The
property is zoned Residential-l O.
~~ ~('€JYvv
Nancy J. Sevrens, irman
TillS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
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NANTUCKET ZONING BOARD OF APPEALS
" 1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
CASE NO. 0 Yfo~ Y
FEE; j300.00
Owner's name(s):
Mailing address:
Applicant's name(s):
Mailing address: .
. Locus' address:
Land Court Pia /Plan ~ ge n File N .:
Date lot : . / ~/a3.. Deed Ref./Cert. of Title: Co
:Uses on Lot - Commercial: None )( Yes (describe)
Residential: Number of dwellings_ Duplex-...: Apartments Rental Rooms
. B~ilding Date(s): All pre-date 7/721 or ~~rr-( JCY-r'CfO) C ofO(s)?
B,uilding Permit Nos: fJ;plAllYl'i-0 C~Yrvr11Jr.l t: S;:-flvr~ II%; foJ Y /2 ,O/) }/JI/'!1J5
Previous Zoning Board Application Nos.: '6fJ ~ Ic
State below or on a separate addendum specific reli~f sought (Special Permit, Variance, Appeal), Section of
the Zoning By.:.law, and supporting.details, grounds for gr.ant of relief, ljs.til!,g aJll e!i~ti~g 1}0ncoA.for~i~:
~ romY 0 J)Q. ' . UOn'''M..~., cJnClX-Qr' ~o:Jlr CYI Lsy-Jrc>
. '1!!>{'(?thJ~ ~(I) '. . J:tblL ~ot~bOQtlJo7YJ ~pif,
?o ~ ~itdcf' ~cJ?- ~.. Rti-/rQ- f1?[{J ~,-'RLm/Zu
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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: 6t.~. , Applicant /" Attorney/Agent
(If not owner or owner s attorney, please enclose pro f of agency to bring this matter before the Board)
FO FleE USE 'V
Application received on:.:iJ.:l ct By: Complete: Need copies?: ~
Filed with Town Clerk:_1}&/~Planning Bo . / :
Fee deposited with Town Treasurer:_I_/_ By: Waiver requested?: Granted:~_I_
Hearing notice posted with Town Clerk:~/~K2!f- Mailed: / 1-0 I&M:/ iZY./oC( & ?Id/Qi
Hearing(s) held OD:_I_I_, Opened on:_I_I_ Continued to:~_I_ Withdrawn?:_I_I_
DECISION DUE BY:_I_I_ Made:_I_I_ Filed wfrown Clerk:_I_I_ Mailed:_I_I_
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,HEET INDEX
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July 13, 2004
Ms. Unda Williams
1 East Chestnut Street
Nantucket, MA 02554
Dear Ms. Williams,
We have submitted the paperwork for a zoning variance. lbis is necessitated by the restrictions placed on us by
the Massachusetts Historical Commission following there archaeological site examination. The Town of
Nantuck as waived all fees associated with this project (Copy attached) and we are hoping that your board
~7 f~ ~ well1b.nk you in ,d=e fo' cou.wemtiou of tlli eeqoe,"
Treasurer
Nantucket Educational Trost
PO BOX 1465
NANTUCKET, MA 02554
~
Town and County of Nantucket
Board of Selectmen. County Commissioners
Finn Murphy, Chairman
Matthew G. Fee
Timothy M. Soverino
Frank T, Spriggs
Bruce L. Watts
16 Broad Street
Nantucket. Massachusetts 02554
Telephone (5081 228-7255
Fa~e(5081228-7272
www.town.nantucket.ma.us
C, Elizabeth Gibson
Town & County Administrator
October 24, 2003
Nantucket Educational Trust
ATTN: Douglas T. Williams
P.O. Box 1465
Nantucket, MA 02554
Dear Mr. Williams:
At the meeting of October 22, 2003, the Board of Selectmen voted to waive the following
fees in association with the construction ofthe school employee housing project:
. Building Permit
. Sewer Permit
. Electrical Permit
. Plumbing Permit
. Gas Permit
. Landfill Fees
Please feel free to contact this office if you have any questions. Thank you.
Sincerely,
i1i:ll!!.!J1(f~
Office Administrator
pc: Public Works Department
Building Department
Waste Options, Inc.
~
The Commonwealth of Massachusetts
William Francis Galvin, Secretary of the Commonwealth
Massachusetts Historical Commission
, ,
June 30, 2004
Daug Williams
Nantucket Education Trust
P.O. Bax 1465
Nantucket. MA 02554
RE: Nantucket School Staff Hausing Project, Caw Pand Lane and First Way, Nantucket, MHC #RC.3378I
DearMr. Williams:
Staff .of the Massachusetts Histarical Commissian have reviewed the campletian memorandum for the
archaealagical site examinatian of the Dwelling Site at the prapased Nantucket School Staff Housing
Praject, which was prepared by PAL and received at this office June 23, 2004. The fallawing paragraphs
address the findings of:the site examination and the recomnieIi.daliansin the 'campletionmemorandum.
The site examination cOIi.sisted oran investigatian .of the Dwelling'Site;' which was identified in an intensive
archaeblagical surveyofllie project':area iri December2003:,:Resrilts'afthe:intensive survey indicated that
the Dwelling Site included,a complex of archaeologicillfeatures' lotated1n the nartheast corner .of the
project area. The site represents a dwelling and associated a:i::tivityareasassociated with members of the
late seventeenth ta eighteenth-century Miacomet Indian community.
Upon review of the results of the intensive survey. the MHC found the Dwelling Site eligible for listing in
the Natianal Register of Historic Places (36 CFR 60). MHC concurred with the recommendatian in the
completion memorandum that the Dwelling Site be avoided during constructian .of the propased
Nantucket School Staff Housing Project, and that an archaeological site examination be conducted to
gather additional information including identifying possible .owners or occupants .of the site, as well as to
detennine the exact horizantal and vertical boundaries of the site, so that the feasibility .of avoiding the
site cauld be evaluated.
The results of the site examinatian confirmed the special significance .of the Dwelling Site and
discavered additional unusual and noteworthy aspects of the site. The investigation revealed a
remarkable complex of archaeological features including the complete outline of a Native American
wigwam or wetu with a central fire area and the remnants of a sleeping platform, a larger structure
similar in form to a'longhause, and between the twa structures several'autdaor coaking areas.
Documentary research and artifacts associated with these features indicate thafthe site dates tothe
eight~enth centu'ry and is :assbc'iated with the Miacomet Indian'community:- The report concludes thatthe
largeistructurelikelY:fepresenfs the remains of the Miacomet meetinghouse. "",,' , , '
Thepresertationand clarityoffeatures at this site is extraordinary: The cambination of the complete
identifiable dwelling structure, the larger structure with a probable institutional functian, and the
220 Morrissey Boulevard, Boston, Massachusetts 02125
(617) 727-8470 · Fax: (617) 727-5128
www.state.ma.us/see/mhe
.,I
domestic work area is unique not only in Nantucket, but in all of Massachusetts, possibly all of New
England. The identification of these features with an identifiable Native American community for which
written records are extremely sketchy, gives it exceptional potential for research and education.
The site is also extremely vulnerable to disturbance. The soil stains and artifact deposits that delineate
the structures and their individual components are thin and lie close to the ground surface. Impacts from
construction, traffic, and landscaping will permanently disfigure and irretrievably destroy the unique
patterning that the site examination has made visible, Only through careful protection can this significaFlt
site be preserved.
Current plans for the housing project as shown in the completion memorandum call for the construction
of Building 8 less than two feet from the Dwelling Site, and contain no provisions for the protection of
the site once construction is completed, Given the proximity of the site to the planned building, the
Dwelling Site will certainty be damaged during construction, even if some protective measures are taken,
After construction, the site will suffer further damage and degradation of its research v:1lue through
landscaping, gardening, construction of outbuildings, installation of utilities, and other activities and
construction projects of twenty-first-century residential land use,
Given the exceptional significance and fragility of the Dwelling Site, M.HC has determined that the
construction of the Nantucket Education Trust Staff Housing Project will have an will have an "adverse
effect" on the Dwelling Site through the physical destruction of all or part of this historic property (950
CMR 71.05(a)). MHC requests that the project proponent avoid the adverse effect by avoiding and
protecting the site by implementing the following measures, which are based on the recommendations in
the completion memorandum,
. Altering the proposed location of Building 8 so that it is located at least 20 feet from the site,
. Prior to construction, marking the area containing the Dwelling Site as well as a surrounding 20-foot
buffer zone in the field with highly visible material such as snow fencing posted with "No Trespassing"
signs as a no-access no-traffic zone. An archaeologist from PAL should participate in or approve the
layout of the field markings, The fence line should be clearly marked on project maps and labeled as
"Sensitive Resource Area. No Access Allowed." Contract specifications should be written to indicate
that this area is a no-access no-traffic zone. Construction personnel and contractors shall be informed
verbally and in writing that no impacts or access are permitted in the fenced area, After the completion
of construction, the fencing may be removed.
. After construction is complete, avoiding landscaping, fence installation, or other construction within
the Dwelling Site area.
. Placing a preservation restriction on the part of the project area that contains the Dwelling Site,
pursuant to Massachusetts General Law, Chapter 184, section 31. This will ensure that the site will be
protected from impacts after construction is completed and the housing project is in use,
. Initiating consultation between MHC the Nantucket Education Trust, and the town/county authorities
with jtlrisdiction over Cow Pond Lane, the improvement or expansion of which may threaten the adjacent
Dwelling Site,
If these avoidance and protection measures do not appear to be feasible, MHC requests the opportunity to
consult with the project proponent, the MDFA, the Nantucket Historical Commission, and the Nantucket
Historic District Commission pursuant to (950 CMR 71.07(3), in order to consider alternatives that could
eliminate, minimize, or mitigate the adverse effect including but not limited to mitigation through an
archaeological data recovery program for the Dwelling Site.
These comments are offered to assist in compliance with Massachusetts General Laws, Chapter 9,
Sections 26-27C (950 CMR 71). If you have any questions concerning this review, please feel free to
contact Eric Johnson at this office.
Sincerely,
~~
Brona Simon
State Archaeologist
Deputy State Historic Preservation Officer
Massachusetts Historical Commission
xc: Allison Sweet Zieff, Vaughan, Dale and Hunter
MDFA
Nantucket Historic District Commission
Nantucket Historical Commission
Deborah Cox, PAL
it 5.00
Town of Nantucket
'":CEIVED .
Pi" ':;": C)F ASSESSORS
JU~ 0 9 2004
')\NN OF
'",.J TUCKET, MA
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
PROPERTY OwNER... .Z;h?lf),...Q P... .&.~.~/.~~/:-::...........
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MAILING ;DDREltl..r.~~.~~72'~(!."';;:~
PROPERTY LOCA TrON........... .y...................................... 0.....0.......
'ASSESSORS MAPfPARCE{.......~~=..{?,.f3..............:<:?.......G~ ~};J Cr9d~,
.s:) -- <5 I 'l
APPLICANT, &-:~.<'.k~,. .(?;,P~Cf!: T:(,0,.,....~ .L!.~.C..",..
SEE ATTACHED PAGES
,
I certify that the foregoing is a list of persons who are owners of abutting property, owners of
land directl~ opposite on any public or private street or way; and abutter.s of the abutters and all
other land owners within 300 feet of the, property Iirie of owner's property, all as they appear on
the most recent applicable tax list (M.C.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139-29D (2) ..
f2df/&'" "i?M.i
DATE'
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ASSESSOR'S OFFICE
Town of Nantucket
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