HomeMy WebLinkAbout085-04
TOWN OF NANTUCKET
BOARD OF APPEALS
WITHDRAWAL FORM
IN RE: THE APPLICATION OF
W ~\ ~r
File No. CJiS- -0 f
,
Map if? Parcel fo -1--17
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UPON THE REQUEST OF THE APPLICANT{S) MADE:
prior to
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after
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PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE AaOVE CAiTIONED
APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS: ~
THE WITHDRAWAL:
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acknowledge as a matter ~~ght and
without prejudice ~
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approve without prejudice
approve, but with prejudice
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in full of the said application
of so much of said application as:
DATED:
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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, DECEMBER 10, 2004, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application ofthe following:
JAMES AND DEBORAH WALKER
BOARD OF APPEALS FILE NO. 085-04
Applicants are seeking a MODIFICATION of the V ARlANCE relief in Decision
in BOA File No. 030-01 as modified by 078-01, to eliminate the condition that prohibited
any further construction of any structures on now vacant lot at 101 Baxter Road.
Applicants were granted a Variance to relocate a single-family dwelling from the east
side of Baxter Road to 104 Baxter Road under certain conditions. Applicant intends to
place a permanent conservation restriction on the vacant lot at 101 Baxter Road, but is
requesting that the condition be removed first to enable that. This conservation restriction
would prohibit any building on the vacant lot, which would be consistent with the
condition currently contained in the Decision.
The Premises is located at 101 BAXTER ROAD AND 104 BAXTER ROAD,
SIASCONSET, Assessor's Map 48, Parcels 40 and 17, Plan File 47K, Lots 1 and 2. The
property is zoned Sconset Residential-2.
;fA~ ~Qv(l~
Nancy J. Sevrens, Chairma .
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
L .....
l"lAl"ll ULKEl LU1"l1l"lti J:SUA.KlJ UJf Al'l'EAL:S
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554 11\0 (' ,-.\J
CASE NO. UD )./VT
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s):James & Deborah Walker
Mailing address: 337 Guard Hill Road, Bedford, NY 10506
Applicant's name(s): Same
Mailing address: Same
Locus address:l0l & 104 Baxter Road
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Assessor's MapIParcel: 48/46 & 17
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Land Court PlanlPlan Book & PageIPlan File No.:47K Lot No.:'i & 2
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Date lot acquired:~_I_ Deed Ref.lCert. of Title: Book 548, Page 39 Zoning District:L~ K-Z-.--
Uses on Lot - Commercial: None X Yes
( describe)
Residential: Number of dwellings_NA_ Duplex_ Apartments
Rental
Rooms
Building Date(s): All pre-date 7/72?
on
C ofO(s)?
Building Permit Nos: Vacant Land
Previous Zoning Board Application Nos.: 030-01;025-88;010-98 10'7<6 -6/
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporti~g ~e~~ils, ~rounds for grant of relief, listing any existing nonconformities:
C}~ .0 l ~ (I'<) J) ~ .e (Y ()J VI ~C)( , '
In Case No. ~1 the Board of Appeals granted Applicants a Variance allowing them to relocate a single
family dwelling from 101 Baxter Road to property the Applicants owned across the street at 104 Baxter
Road, upon the following condition:
"Applicants, or their successors in title, shall be prohibited from any further
construction of any structures on 101 Baxter Road, Assessor's Map 48, Parcel 17 , without
prior relief from this Board"
Applicant seeks a modification of that variance relief so as to remove that condition. Applicant intends to
impose a permanent conservation restriction upon Lot 2 which would insure that it would never be built
Upon but needs this relief from the Board prior to imposing this conservation restriction.
I certify that the inform on contained herein is substantially complete and true to the best of my
knowledge, under the ains and penalties of perjury.
SIGNATURE: Applicant Attorney/Agent ,j
(If not owner or owner's a ey, please enclose pro f of agency to bring this matter before the Board)
FO BA 0 FICE USE ~
Application received on:~/1...{5/ By: Complete: Need copies?:
Filed with Town Clerk:~~ pc{ Ph inning Board:~ ~ _ BUlldmg Dept.._/_ ~ ByC(}!/e J
Fee deposited with Town Treasurer:& ~q{!l,Hy:~aiver requested?: Granted:_I_I_
Hearing notice posted with Town Clerk:JLI22 Cfi Mailed:!1j22 f2i I&M:I ( ?V tCJcj & 10 cJ2i3..!/_
Hearing(s) held on:_/~_ Opened on:~_I_ Continued to:_I_I_ Withdrawn?:~~_
DECISION DUE BY:~~_ Made:~~_ Filed wrrown Clerk:_I_I_ Mailed:~~_
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
mCl~
'62-
, 20
To: Parties in Interest and others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
owner/Applicant:
030' -6/
;:J(\ yne~ ('.1 YdJ J)e-VYlroJo
Application No.:
_W~J~e(
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.
f61' C~
cc: Town Clerk
Planning Board
Building Commissioner
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); 9139-321 (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 48
Parcel 40
LUG-3
104 Baxter Road
Plan File 47- K, Lot 1
Deed Ref 584/39
At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M.,
Friday, Apri16, 2001, in the Conference Room, Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, on the Application of JAMES AND DEBORAH
WALKER, 337 Guard Hill Road, Bedford, NY 10506, Board of Appeals File No. 030-01,
the Board made the following Decision:
1. Applicants are seeking relief by VARIANCE under Nantucket Zoning Bylaw
Section 139-16A (Intensity Regulations - ground cover ratio). Applicants propose to
relocate an existing about 1,651 square-foot single-family dwelling from a lot shown as
101 Baxter Road, Assessor's Map 48, Parcel 17 to the vacant Locus at 104 Baxter Road,
which is situated directly across a public way from 10 1 Baxter Road and also owned by
Applicants. Applicants need to move the structure due to the severe erosion of the coastal
bank on 101 Baxter Road, which is located within a Residential- 2 zoning district with a
ground cover maximum of 12.5%. The Locus is nonconforming as to lot size, having a lot
area of about 18,989 square feet in a district that requires a minimum lot size of 120,000
square feet. Allowable ground cover for the Lot is 3% or 1500 square feet, whichever is
greater. If the existing structure is relocated to the subject Lot, it would then violate the
maximum ground cover anowed by about 151 square feet. In 1988, this Board granted
relief in BOA File No. 025-88, to move the house back from the Siasconset BlufIto a
point ten (10) feet from the front yard lot line in a district that requires a minimum front
yard setback of 30 feet. The Bluffhas continued to erode and now Applicants find that
they must move the structure off of the Lot. Similar relief was granted to a predecessor in
title in BOA File No. 010-98 to move the house to the subject Lot. However, the home
was not relocated to 104 Baxter Road within the one-year allowable time period within
which any grant of V ariance relief would have had to be activated and thus relief is said to
have expired. Applicants are now asking for the same relief
The Premises is located at 104 BAXTER ROAD, Assessor's Map 48, Parcel 40,
Plan File 47-K, Lot 1. The property is zoned Limited Use General-3.
2. The Decision is based upon the Application and materials submitted with it and the
testimony and evidence presented at the hearings. 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.
3. Applicants' representative stated that a predecessor-in-title had received similar
relief to move an existing single-family dwelling situated on 101 Baxter Road to the east
ofthe subject Lot, at 104 Baxter Road, also owned by the same title holder. The
relocation of the single-family dwelling is due to the extreme erosion along the coastal
bank located on the eastern part of that lot, which is jeopardizing the house. Applicants
now propose to relocate the house to the west of Baxter Road onto the subject Lot
which is not in any danger of eroding. The Variance granted in the Decision in BOA File
No. 010-98 was not timely exercised within the one (1) year time limit and thus has
expired. Applicants now seek similar relief to move the as the bank has moved within less
than 20 feet from the edge of the house. Erosion on the Lot at 101 Baxter Road has been
well documented in previous Decisions in BOA File Nos. 010-98 and 025-88, the latter of
which granted relief by Variance to move the dwelling away from the bluff to a point
about 18 feet from the front yard lot line on the same lot, in a district that requires a
minimum front yard setback of35 feet. The house was subsequently moved to the present
location where it has remained. However, the erosion rate has increased to a point where
the structure cannot remain on the Lot, evidenced by the cracked foundation under the
house. Applicants' property consists offour (4) lots, two (2) of which comprise the
Locus, at 104 Baxter Road, and two (2) of which comprise 101 Baxter Road, which
contains the house, with all four (4) lots being held in common ownership since a time
prior to the 1972 enactment of the Zoning Bylaw.
The dwelling at 101 Baxter Road in located within the Residential- 2 zoning district
that allows a mmimum lot area of20,000 square feet and a maximum ground cover ratio
of 12.5%. This Lot had a lot area of about 26,001 square feet with a ground cover ratio of
about 6.4%. Thus, the above mentioned Lot once met lot size and ground cover
requirements. The subject Locus at 104 Baxter Road, directly across Baxter Road to the
west of the house lot, is situated within the LUG-3 zoning district which requires a
minimum lot area of 120,000 square feet. The maximum ground cover ratio for this about
18,989 square-foot lot would be 1,500 square feet or 3% whichever is greater, making
the single-family dwelling, as currently configured, about 151 square feet over the
allowable ground cover should the Board grant relief to relocate the house to the subject
Locus.
4. Based upon the foregoing, the Board reaffirms the findings made in the Decision in
BOA File No. 010-98 and finds the following: that the zoning district line separating the
LUG-3 and R-2 districts, runs along the center line of Baxter Road, with a1110ts being
created as part of the same original subdivision plan. The average size ofthe R-2 zoned
lots is about 24,000 square feet, with a mix of undersized, nonconforming lots,
conforming lots and larger lots well in excess of the minimum lot size requirement of
20,000 square feet. The area of the lots includes a severely eroding coastal bank., The lots
in the LUG-3 district, located on the westerly side of Baxter Road, have less depth than
the R-2lots, located directly across the about 20-foot paved layout of Baxter road to the
east. These lots have an average lot size of just under 17,000 square feet and do not meet
the minimum requirements of the district within which they are situated. The very fact that
the lots on the west side are zoned LUG-3 makes it difficult to construct comparable
structures or relocate existing structures in excess of 1,500 square feet, with most of the
houses on the east side having in excess of that number, inasmuch as the LUG-3 district
only permits a maximum ground cover ratio of 3%. If the subject Lot was located within
the R-2 district, Applicants would be allowed to have a maximum ground cover of about
2,300 square feet, sufficient for the relocation of the existing single-family dwelling.
The Board further finds that there is a pressing need to relocate the existing
structure due to the eroding coastal bank and said relocation would be a benefit to the
public. The subject Lot is under no such threat and is vacant at the moment, thus arguably
not having any mitigating factors upon which to support a grant of relief from the ground
cover requirements by Variance. However, moving the Applicants' house directly across
the street to another property owned by the current Applicants would be less detrimental
to the neighborhood than moving the house out of the neighborhood along narrow heavily
traveled ways. Moving the house across the street would seem to be an equitable solution
to mitigate financial hardship for the Applicants and impact upon the neighborhood. In
addition, all four (4) Lots have historically been conveyed in one (1) deed and considered
one (1) parce~ notwithstanding the fact that a public way bisects the property, and a lot
cannot be bisected by a way and considered one (1) lot for zoning purposes.
Therefore, the Board makes the requisite findings to allow the Applicants to
exceed the maximum ground cover ratio in order to move the house from 101 Baxter
Road to the subject Lot at 104 Baxter Road, owing to circumstances relating to the soil
conditions, shape or topography of this property and structure and especially affecting this
land and structure but not affecting generally the zoning district in which they are located,
a literal enforcement ofthe ground cover ratio requirements would involve a substantial
hardship to the Applicants, in the risk oflosing the house by erosion, and the desirable
relief may be granted without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the Bylaw and would
not create a situation which would, in this specific case, be out of character with the
neighborhood. There is one (1) structure on a lot and a vacant lot owned by the
Applicants, and there would be one (1) structure on a lot and a vacant lot owned by the
Applicants after the relocation of the dwelling.
5. Accordingly, by a unanimous vote, the Board GRANTS the requested relief by
VARIANCE under Nantucket Zoning Bylaw Section 139-16A to allow the relocation of
the about 1,651 square-foot single-family dwelling from 101 Baxter Road to the subject
Lot at 104 Baxter Road, and exceed the maximum ground cover requirements of the
LUG-3 zoning district upon the following conditions:
a. The structure shall be relocated in substantial conformity with the proposed
site plan, dated March 15, 2001, done by Blackwell & Associates, Inc., a reduced copy of
which is attached hereto and marked as Exhibit A; and
b. Applicants, or their successors-in-title, shall be prohibited from any further
construction of any structures on 101 Baxter Road, Assessor's Map 48, Parcel 17 ,
without prior relief from this Board.
Dated: MayZboOl
M ~ J----
William Hourihan, Jr.
~U~ (A &H(lr,\/
Nan~Sewoosi i
Edward Toole
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TOWN OF NANTUCKET
. BOARD OF APPEALS
NANTUCKET, MASSACHUSETIS 02554
Date: JM~ 22.-, ,~~
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
Owner/Appliqant:
Oe_~
01<6'-- ol
,nrrrJlS Wdlb (I,D!
.
IAJdito("'
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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 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.
l'~ ~~Vffi~
C1JY\~. . Cha1rman
.;.
cc:
Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
~IMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET
ZONlr'!':: BY-LAW n139-30I (SPECIAL PERMITSb ~139-32I (VARIANCES)
ANY :.'0ESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET WNING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 48
Parcel 40
LUG-3
104 Baxter Road, Siasconset
Plan File 47-K, Lot 1
Deed Ref. 584/39
At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 :00 P.M.,
Friday, November 16,2001, in the Conference Room, Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, on the Application of JAMES WALKER,
III. AND DEBORAH WALKER, of 337 Guardhill Road, Bedford, NY 10506, Board of
Appeals File No. 078-01, the Board made the following Decision:
1. Applicants are seeking a MODIFICATION of the VARIANCE relief granted in
the Decision in BOA File No. 030-01. Relief was granted to allow the relocation of an
existing single-family dwelling from a lot across Baxter Road from the Locus, also
owned by the Applicants, to this Lot due to extreme erosion on the other lot. The other lot
is situated within the R-2 zoning district, with a minimum ground cover ratio allowed of
12.5%, with which the structure conformed. The Locus is situated within the LUG-3
zoning district, with a minimum ground cover ratio allowed of 3%. The Applicants
required Variance reliefto exceed said 3% to relocate the house to the Locus. Applicants
now propose to substitute a new Exhibit A that would show the house sited about five (5)
feet further north and about five (5) feet further west, continuing to be in compliance with
side and rear yard setback requirements. There would be no further ground cover
expansion of the structure proposed under this Application.
The Premises is located at 104 BAXTER ROAD, SIASCONSET, Assessor's Map
48, Parcel 40, Plan File 47-K, Lot 1. The property is zoned Limited-Use-General-3.
2. The Decision is based upon the Application and materials submitted with it and
the testimony and evidence presented at the hearings. The Planning Board made no
recommendation as the matter was not of planning concern. There were no letters on file
in favor or opposed
3. Applicants represented that they wished to modify the original Decision in BOA
File No. 030-01, which allowed the relocation of an existing single-family dwelling from
across the street, which was being impacted by extreme erosion, to the Locus. The grant
of relief was conditioned upon substantial compliance with the site plan, dated March 15,
2001, done by Blackwell & Associates, Inc., a reduced copy of which was attached
thereto as Exhibit A. Applicants now propose to move the location of the structure in a
northwesterly direction by about five (5) feet. The structure would continue to meet all
setback requirements and there would be no increase in the permitted maximum ground
cover of about 1,651 square feet.
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4. Therefore, based upon the foregoing, the Board fmds that a Modification of the
Decision in BOA File No. 030-01 to allow the replacement of the original Exhibit A with
a new Exhibit A. which shows a relocation of the structure as proposed, would have little
impact upon the neighborhood. Further, the Board finds that there would be no impact
upon the findings in the previous Decision and reaffIrms those fmdings herein,
incorporating the remaining condition "b" in this Decision.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested
Modification ofthe Decision in BOA File No. 030-01, allowing the replacement ofthe
original Exhibit A with new Exhibit A. which shows a relocation of the single-family
dwelling as proposed upon the following conditions:
a. The relocation shall be done in substantial conformance with the new
site plan, done by Applicants' designer Matthew R. MacEachern, dated June 27,2001, a
reduced copy of which is marked as Exhibit A and attached hereto;
b. Applicants, or their successors-in-title, shall be prohibited from any
further construction of any structures on 101 Baxter Road, Assessor's Map 48, Parcel 17,
without prior relief from this Board.
(078-01)
Dated: January ~ 2002
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Nancy vrens
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RECEIVEO
BOARD OF ASSESSORS
OCT 2 9 2004
TOWN OF
NANTUCKET, MA
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Town of Nantucket
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ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
PROPERTY OwNER.......... .-?:..~. ~ ~.~......... ~.~ \:~.~.~...... ~~... ...""^ ~
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MAILING ~DDRESS...... .?:.~.......~ ~.::.~~......::: ~.\\-........ .~.~....... \J\ ~ r()~1\ N(t
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PROPERTY LOCATION...................................................................
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ASSESSORS MAPfP ARCEL:...................\..........................................
APPLICANT......... ~ ~.~.~................................................................
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 lirie of owner's property, all as they appear ~:>n
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139-290 (2) 0'
. OJw:... ~.}.. rx/?,Q if
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DATE'
ASSESSOR'S OFFICE
Town of Nantucket
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