HomeMy WebLinkAbout062-04
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: /'Jouecrnber 17 ' 200,/
To: Parties in Interest and. Others concerned with the
Decision of .the BOARD OF APPEALS in the Application of the
following: d
.,:::,.
Owner/Applicant:
0&) -Ocr
..Jord W...
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Application No.:
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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 pursu~nt 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.
\1~~~\~~~~n
cc: Town Clerk
Planning Board
Building Commissloner
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
One East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 60.2.1,
Parcels 28, 27, and 19
Residential-2
6, 8, and 10 "D" Street
Certificate of Title No. 21,111
Lots 105, 106, and 107,
Land Court Plan No. 3092-R
DECISION:
At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, September 10, 2004, at 1:00 P.M., in the
Conference Room, Town Annex Building, 37 Washington Street,
Nantucket, Massachusetts, the Board made the following Decision
on the Application of JORD W. POSTER, c/o Sarah F. Alger, P.C.,
Two South Water Street, Nantucket, Massachusetts 02554, File No.
062-04:
1. The Applicant is seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law ~139-33A (alteration/expansion of a pre-
existing nonconforming structure/use) or, in the alternative,
relief by VARIANCE under Nantucket Zoning By-law (the "By-law")
~139-16A (Intensity Regulations ground cover) to increase
ground cover on the Locus. The Applicant proposes to expand and
alter a single-family dwelling by constructing an about 238
square-foot screened in porch that would be conforming as to
setbacks but would increase the ground cover ratio from about 13%
(about 1,865 square feet) to about 14.6% (about 2,103 square
feet). The Locus consists of three lots being Lots 105, 106 and
107 on Land Court Plan 3092-R. Lots 106 and 107, located on the
south side of unconstructed Tennessee Avenue, are merged for
zoning purposes, with a combined lot size of about 14,400 square
feet, and are improved with a single-family dwelling and a
separate garage structure. Lot 105 is a vacant lot, located on
the north side of unconstructed Tennessee Avenue, which contains
about 6,750 square feet of lot area. The Applicant owns the
property on both sides of Tennessee Avenue. If Lots 105, 106 and
107 were considered as one lot, then the resulting lot would be
conforming as to lot area and as to ground cover, both before and
after construction. As part of the requested relief, the
Applicant is willing to treat Lots 105, 106 and 107 as having
merged and to restrict any future increase in ground cover
wi thout further relief from this Board. The Locus is
nonconforming as to lot size, having a lot area of about 14,400
square feet in a district that requires a minimum lot size of
20,000 square feet, and with the vacant lot shown as 10 "D"
Street having a lot area of about 6,750 square feet; as to ground
cover ratio with the Locus containing a ratio of about 13% in a
district that allows a maximum ground cover ratio of 12.5%; and
as to side and front yard setbacks with the dwelling being sited
as close as about 19.2 feet from the front yard lot line along
Washington Street in a district that requires a minimum front
yard setback of 30 feet, and with the garage being sited as close
as about three feet from the front yard lot line and as close as
about 2.2 feet from the southwesterly side yard lot line in a
district that requires a minimum side and rear yard setback of
ten feet.
The Premises is located at
Assessor's Map 60.2.1, Parcels
3092-R, Lots 105, 106 and
Residential-2.
2. Our Decision is based upon the Application and
accompanying materials, and representations and testimony
recei ved at our public hearing. The Planning Board made no
recommendation. There was no opposition presented at the public
hearing, personally, by representatives, or in writing.
3. Applicant, through counsel, represents that the Locus
consists of three lots, being Lots 105, 106, and 107 on Land
Court Plan No. 3092-R, which are located in a Residential-2 (R-2)
zoning district. Applicant submitted an affidavit from a
predecessor in title dated December 24, 2003, to support a claim
that the structures are validly grandfathered. The affidavit
stated that the structures were present since at least 1967 when
his family had purchased the property, and certainly prior to the
1972 enactment of the Nantucket Zoning By-law.
Merged Lots 106 and 107 are improved by a single-family
dwelling having a ground cover of about 1,409 square feet and a
garage having a ground cover of about 456 square feet. The
dwelling and garage are pre-existing, nonconforming as to ground
cover, having a total existing ground cover ratio of about 13%,
where a maximum of 12.5% is permitted, and as to side and front
yard setback, the dwelling having front yard setback on
Washington Avenue of only about 19.2 feet, where 30 feet are
required, and the garage having front yard setback on Washington
Avenue of only about 3 feet and side yard setback to the
southwest of only about 2.2 feet, where 10 feet are required.
Lots 106 and 107 are merged for zoning purposes and constitute a
pre~existing, nonconforming lot, containing a total of about
14,400 square feet of lot area, where a minimum lot size of
20,000 square feet is required.
Lot 105 is a vacant, pre-existing nonconforming lot that
contains about 6,750 square feet of lot area. Lot 105 is
separated from Lot 106/107 by Tennessee Avenue, which at this
particular point is an unconstructed paper road, so-called.
Because the Applicant owns the properties on both sides of
Tennessee Avenue, the Applicant has rights in the entire width of
Tennessee Avenue between Lots 105 and 106/107. The Applicant
could bring an action in the Land Court to eliminate that portion
of Tennessee Avenue, but given Land Court requirements, such an
action would be extremely lengthy and costly and would be unduly
burdensome.
6, 8, and 10 "D" STREET, MADAKET,
28, 27 and 19, Land Court Plan
107. The property is zoned
4. The Applicant proposes to add a screened-in porch to
the dwelling on the Locus. The porch would have ground cover of
about 238 square feet and would increase the total ground cover
2
to about 2,103 square feet for a total ground cover ratio of
about 14.6%. If Lots 105, 106, and 107 were considered as one
lot, then the resulting lot would be conforming as to lot area
and as to ground cover, both before and after construction. As
part of the requested relief, the Applicant is willing to treat
Lots 105, 106, and 107 as one lot not to be conveyed separately
and to restrict any future increase in ground cover without
further relief from this Board.
5. Given the provisions of By-law ~139-33.A(8), which was
added to the By-law in 1996 and which provides, in relevant part,
"that no special permit shall be granted which ... increases any
existing nonconformity," the Board is constrained from granting
relief by Special Permit in this matter and finds that relief by
variance is the appropriate course.
6. Based upon the foregoing, the Board of Appeals finds
that owing to circumstances relating to the shape of the
Applicant's land and buildings but not affecting generally the
zoning district in which the Locus is situated (consisting of the
undersized nature of the Locus and the intervening unconstructed
way), a literal enforcement of the provisions of the By-law would
involve substantial financial hardship (consisting of the
inability to further improve the Locus or have the benefit of
vacant Lot 105, without the burden of an expensive and lengthy
Land Court proceeding) to the Applicants, and that the desired
relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the
intent or purpose of the By-law (since the intent of the By-law
is not to create a hardship in such cases, and this Board has
generally granted similar relief to other applicants in like
circumstances) .
7. Accordingly, by UNANIMOUS vote, the Board of Appeals
GRANTS relief by VARIANCE from the requirements of Nantucket
Zoning By-law ~139-16.A as to ground cover ratio to allow
expansion and alteration of the single-family dwelling on the
Locus by constructing a screened in porch of approximately 238
square feet that would be conforming as to setbacks but would
increase the ground cover ratio from about 13% (about 1,865
square feet) to about 14.6% (about 2,103 square feet), upon the
express conditions that:
a. The alteration and extension hereby
permitted shall be performed in substantial
conformi ty with the plans submitted to the
Nantucket Historic District Commission and
approved by it in Certificate of
Appropriateness No. 44341, as the same may
be amended from time to time;
b. There shall be no further expansion of the
structure upon the Locus and no construction
on Lot 105 specifically without further
relief from this Board, beyond what has been
expressly allowed in this decision;
3
c. Lot 105, Lot 106, and Lot 107 shall be
treated as merged for building and zoning
purposes and not conveyed separately; and
d. The project shall be done in substantial
conformity with the "Mortgage Inspection
Plan", as marked up by the Applicant, done
by Jeffrey L. Blackwell, dated December 22,
2003, a reduced copy of which is at ached
here to as Exhibit A.
Dated: November f7 ' 2004
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URRENT ZONING CLA.SSIFICATION:
esidEmtic: 2 (R-2) EXISTING
IN1MUM L.OT SIZE: 20,000 S.F. 14400:f:S.F. (LOTS 106 & 107)
INIMUM FRONTAGE: 75 FT. SEE PLA.N
~ONT YA'~D SETBACK: 30 FT. SEE rPLA.N
EAR/SIDE SETBACK: 10FT. SEE' 'pLAN
ROUND COVER % : 12.5% 13.0:f:%
ONLY ORIGINALLY STAMPE!) AND
ENDORSE!) COPIES OF THIS PLAN
SHAll BE ACKNOWLEDGE!) BY
THE CERTlFYING lAND SURVEYOR.
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UNOA. 0." AlBlOR
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'De,ed/Cert.: . Cf{?f. .1pO,JJ. Plan:. .u;P/. .Jf)9.2~8 . .
r~xMap:.~O,2)~21,2{J .&.1!1 Locus: 1~8. ~ Jf) .0. ST.
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REMISES St:OWN ARE LOCATED IN'FLooD /WARD ZONE:.
. oX . . , DELlNfATfD ON F.I.R.M.; COMMUNnr,pN{~
'UMBER: 250ZlO-OO . . .18. . 0, BY THE FEDERAL :"'. ....
IfERGENCY MANAGEMENT AGENCY. EFFECTIVE DATfOF
~ JUNE J, 1986 AND AS PERIODICAllY RfYI,SE!). "
'-tIS INSPfC:10N PlAN WAS PREPARED FOR MORTGAGE PURPOSES
folLY AND IS NOT TO BE CONS/DERE!) A roLL. INSTRUMfNTSURVEY.
I{JS PW/ SHOULD' NOT Bf USED TO ESTABUSH PROPCR7Y UNts. ...
tHeE$, HEWES OR ANY ANClwm STRUCTURES, ONTHEPRENISf$. ..
I{E PROPfRrr LINES SHOWN R8.Y ONCURRfNT l)fEl)SAND PWiS .
If RECORD. . ... ? .. .. ,
1US INSPECi70N PlAN IS NOT A CERTlACATlON AS TO THE TITLE OR" .
'WNERSHIP OF THE PROPERlY SHOWN. OWNERS OFi ADJOINING' PROPERnES
RE SHOWN A.CCORDING TO CURRENT TOWN OF NANTUCKFJ ASSESSOR . .
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'HIS PWI 5.'-W..I.. NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN
IS INTENDELl USE STATED ABOItE INor rOBE RECORDED I
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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, SEPTEMBER 10, 2004, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
JORD W. POSTER
BOARD OF APPEALS FILE NO. 062-04
Applicants are seeking reliefby SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/expansion ofa pre-existing nonconforming
structure/use), or in the alternative rellefby VARIANCE under Nantucket Zoning By-law
Section 139-16A (Intensity Regulations - ground cover) to increase ground cover on the
Lot. Applicant proposes to expand and alter a single-family dwelling by constructing an
about 238 square-foot screened in porch that would be conforming as to setbacks but
would increase the grmmd cover ratio from about 13% (about 1,865 square feet) to about
14.6% (about 2,103 square feet). The Locus consists ofthree lots being Lots 105, 106 and
107 on Land Court Plan 3092-R. Lots 106 and 107, located on the south side of
unconstructed Tennessee Avenue are merged for zoning purposes, with a combined lot
size of about 14,400 square feet, and are improved with a single-family dwelling and a
separate garage structure. Lot 105 is a vacant lot, located on the north side of
unconstructed Tennessee Avenue, which contains about 6,750 square feet oflot area.
Applicant owns the property on both sides of Tennessee Avenue. If Lots 105, 106 and
107 were considered as one lot, then the resulting lot would be conforming as to lot area
and as to ground cover, both before and after construction. As part of the requested relief,
the Applicant is willing to treat Lots 105, 106 and 107 as having merged and to restrict
any future increase in ground cover without further relief from this Board. The Locus is
nonconforming as to lot size, having a lot area of about 14,400 square feet in a district
that requires a minimum lot size of20,000 square feet, and with the vacant lot shown as
10 "D" Street having a lot area of about 6,750 square feet; as to ground cover ratio with
the Lot containing a ratio of about 13% in a district that allows a maximum ground cover
ratio of 12.5%; and as to side and front yard setbacks with the dwelling being sited as
close as about 19.2 feet from the front yard lot line along Washington Street in a district
that requires a minimum front yard setback of30 feet, and with the garage being sited as
close as about three feet from the front yard lot line and as close as about 2.2 feet from
the southwesterly side yard lot line in a district that requires a minimum side and rear
yard setback of ten feet.
The Premises is located at 6/8/10 "D" STREET, MADAKET, Assessor's Map
60.2.1, Parcels 28,27 and 19, Land Court Plan 3092-R, Lots 105, 106 and 107. The
property is zoned Residential-2. ~~~4
Nancy J. Sevrens, , an
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASE NO.a~4
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s): Jord W. Poster
Mailing address: c/o Sarah F. Alger, Two South Water Street, Nantucket, MA 02554
Applicant's name(s) same as above
Mailing address: same as above
Locus address: 6, 8, and 10 0 Street Assessor's Map/Parcel: Map 60.2.1, Parcels 19, 27, 28
Land Court Plan/Plan Book & Page/Plan File No.: Land Court Plan 3092-R Lots: 105, 106, and 107
Date lot acquired: 01/26/04
Zoning District: R-2
Uses on Lot - Commercial: None .x... Yes (describe)
Residential: Number of dwellings 1.. Duplex Jl Apartments Jl Rental Rooms Jl
Building Date(s): All pre-date 7/72? Yes or C ofO(s)? N/A
Building Permit Nos: N/A
Deed Ref./Cert. of Title: Certificate of Title No. 21111
Previous Zoning Board Application Nos.: None
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:
d
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Please see the attached addendum.
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I certify that the information contained herein is substantially complete/and true to the best otJny
knowledge, under the/ains and penalties of perjury.
SIGNATURE: Applicant Attorney/Agent X
(If not owner or ner's attorn y, please enclose proof of agency to bring this matter before the Board)
.. Fq~~BA.QFFICE USE ~
Application received on::iJZf2f21., . By: L(j LA. JU Complete: L--/ Need copies?: ~\
Filed with Town clerk:Dnl2(Pl.....mg Bo~r":-" ~ Builtling Depl.l-"_/~By~
Fee deposited with Town Treasurer: g'/3:J!:!jBy: aiver requested?:_Granted:_/_/_
Hearing notice posted with Town Clerk:Kt:i:z~ailed: g'/.ld/QJI&M: ~ !Z&IC:y-/& 5l/2~..JCJ f
Hearing(s) held on:_/_/_ Opened on:---1_/_ Continued to:---1_/_Withdrawn?:_/_/_
,
DECISION DUE BY:_/_/_ Made:_/_/_ Filed wffown Clerk:_/_/_ Mailed:_/_/_
DECISION APPEALED?: / / SUPERIOR COURT: LAND COURT Form 4/03/03
ADDENDUM
Jord W. Poster, 6, 8, and 10 D Street, Madaket
The Applicant seeks a special permit under Nantucket Zoning By-
law (the "By-law") ~139-33.A to alter and extend a pre-existing,
nonconforming structure or, in the alternative, a var~ce under
By-law ~139-32 from the provisions of By-law ~139-16r~\lntensity
regulations - grbund cover) .
The locus consists of three lots, being Lots 105, 106, and 107
on Land Court Plan No. 3092-R, which are located in a
Residential 2 (R-2) zoning district.
Lots 106 and 107 are improved by a single-family dwelling having
ground cover of about 1,409 square feet and a garage having
ground cover of about 456 square feet. The dwelling and garage
are pre-existing, nonconforming as to ground cover, having a
total existing ground cover ratio of about 13%, where a maximum
of 12.5% is permitted, and as to side and front yard setback,
the dwelling having front yard setback on Washington Avenue of
only about 19.2 feet, where 30 feet are required, and the garage
having front yard setback on Washington Avenue of only about 3
feet and side yard setback to the southwest of only about 2.2
feet, where 10 feet are required. Lots 106 and 107 are merged
for zoning purposes and constitute a pre-existing, nonconforming
lot, containing a total of about 14,400 square feet, where a
minimum lot size of 20,000 square feet is required.
Lot 105 is a vacant, pre-existing nonconforming lot that
contains about 6,750 square feet. Lot 105 is separated from Lot
106 by Tennessee Avenue, which is an unconstructed paper road,
so-called. Because the Applicant owns the properties on both
sides of Tennessee Avenue, the Applicant owns the entire width
of Tennessee Avenue between Lots 105 and 106.
The Applicant proposes to add a screened-in porch to the
dwelling on the locus. The porch would have ground cover of
about 238 square feet and would increase the total ground cover
to about 2,103 square feet or a total ground cover ratio of
about 14.6%. If Lots 105, 106, and 107 were considered as one
lot, then the resulting lot would be conforming as to lot area
and as to ground cover, both before and after construction. As
part of the requested relief, the Applicant is willing to treat
Lots 105, 106, and 107 as having merged and to restrict any
future increase in ground cover without further relief from this
Board.
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ONLY ORIGINALLY STAMPED AND
ENDORSE!) COPIES OF THIS PlAN
SHAll BE ACKNOWLEDGE!) BY
THE CERTlFYING lAND SURVEYOR.
CURRENT ZONING CLASSIFICATION:
Residentic: 2 (R-2) EXISTING
MINIMUM :DT SIZE: 20,000 S.F. 14400:l:S.F. (LOTS 106 & 107)
MINIMUM :~RONTAGE: 75 FT. SEE PLAN
FRONT YA~D SETBACK: 30 FT. SEE .PLAN
REAR/SIDE SETBACK: 10FT. SEE. PLAN
GROUND COVER %: 12.5% 13.0:1:%
TO: . .. . . . ~/~f!A!I!.~If. . . ... . . . . . .
. . . . . . . . . . . . . . . . . . . AND NO OTHERS,
I CER71FY. TO THE BEST OF MY KNOWLEDGE, 1}IAT THE
PREMISES Sf OWN ARE LOCATED IN'FLOOD HAZ4RD ZONE:
. . .x. . . , DEUNfATED ON F.I.R.M. / COMMUNfTYPANEL
NUMBER: 25'-'230-00 . . .18. . 0. BY THEFEOERAL ....
f},(ERGENCY .'I.ANAGf},(ENT AGENCY. EfFECTIVE DATE. Of
WS: JUNE J, 1986 AND AS PERIODICAlLYREV/.SE!). .,
THIS INSPEC:l0N PlAN WAS PREPARE!) FOR MORTGAGE PURPOSES
ONLY AND IS NOT TO BE CONSIDERED A Fl/LL INSTRUMENTSURVfY.
THIS PlAN S'iOULD. NOT BE USE!) TO ESTABUSH PROPERTY UNES.
FENCES, HEDGES OR ANY ANCIllARY STRUCTURES. ON1HE PREMISES.
THE PROPERiY lJNES SHOWN RELY ON CURRENT DfEDSAND PlANS
OF RECORD. '
THIS INSPECilON PlAN IS NOT A CERTlfiCATlON AS TO THE TlTLE OR
OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF. Af}J()INING. PROPER71ES
ARE SHOWN ACCORDING TO CURRENT TOWN. OF NANTUCKU ASSESSOR
RECORDS.
THIS Pv.N SHALL NOT BE USE!) FOR ANY OTHER PURPOSE OTHER THAN
ITS INlENDEf USE ,STATED ABOVE. INOT TO BE RECORDED I
@Blackwell & AssOCiates toe.
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Owner:. . . . .qo'R.IX)I!;~ .M.EgO,R. . . . . . . . .
UNDA. D. MElLOR
. . . . . .. . . . . . .. Lots' i05 i66' iL '107
DeedjCert.: . 9E{?f. .1pQ3:j. Plan:. .L9P't. .399.2-;-8 . .
Tax Map: .qO,2,t-;-27,2(3 .&.f!1 Locus: /6,8, ~ .19 .D. ST.
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Town of Nantucket
ZONING BOARD OF APPEALS
,
(~
LIST OF PARTIES IN INTEREST m THE MAnER OF THE PETITION OF.
PROPERTY O\VNER'... .~. x:-:-J.... .0:. ..YQ.?. ~~ x-:-:.............. .....
. n J ·
MAILING ~DDRESS. ~.9.. $ ~ Y.'4.. F:...M~~... P ~ .~..:..... ..'.........
. Le-lO D Sf-ree...k-
PROPERTY LOCATION...................................... .;......... ....... ..... .......
"ASSESSORS MAPIPARCEL.. ..lP..O. ~.:?:. J ...:-:.... .:?:.~.,. .?:-J...:t. .I..~....
APPLICANT..... SQ. r.: A.. W. ~...7!??. t~x:-................. :......... .........
SEE ATIACHED PAGES
RECEIVED
BOARD OF ASSESSORS
MAR 26 2004
-TOWN OF
NANTUCKET; MA
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 ofth~ property lirie of owner's property, all as they appear ~>n
the most recent applicable tax list (M.G.t. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139-29D (2) -
(Jn~..d!t..~~t/,
R~.l:ldJw
DATE'
ASSESSOR'S OFFICE
Town of Nantucket
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