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HomeMy WebLinkAbout061-06(Appeal) 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,JULY 14,2006 in the Conference Room, 2 FAIRGROUNDS ROAD. FORMERLY KNOWN AS THE NANTUCKET ELECTRIC COMPANY BUILDING. WITH ~ ENTRANCE FROM OLD SOUTH ROAD. FIRST RIGHT AFTER FAIRGROUNDS ROAD COMING FROM TOWN WITH ENTRANCE FROM THE FRONT OF THE BUILDING. Nantucket, Massachusetts, on the Application of the following: SQUAM HEAD LLC BOARD OF APPEALS FILE NO. 061-06 Applicant is APPEALING under Nantucket Zoning By-law Section 139-31, the decision of the Zoning Enforcement Officer, in a letter dated May 10,2006, denying the application for a building permit for the demolition and reconstruction of a single-family dwelling on the grounds that the proper relief had not been sought and received pursuant to Nantucket Zoning By-law Section 139-33A prior to making application for the building permit. Applicant argues that no such relief is necessary. In the alternative, Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A (alteration/expansion ofa pre-existing nonconforming structure/use) to allow the demolition and reconstruction of a single-family dwelling that would be conforming as to setbacks and ground cover. The locus is improved with two single- family dwellings that are said to pre-date the 1972 enactment of the Zoning By-law. See BOA File No. 054-05 that was previously withdrawn without prejudice. The Premises is located at 73 SQUAM ROAD,UNIT #2, Assessor's Map 13, Parcel 11.2; Land Court Plan 14902-J, Lot 6. The property is zoned Limited-Use- General-l._ . ".OIIYI", TOWN OLl~K'I ~ NANTUOI<IT, MA 0U84 ~ DW~~Wru1JLQ JUN 3 0 2006 llME: :?:;,', ~- ! CLER1<!!IS None S 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 CASE NO. ~-do FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Squam Head LLC Mailing address: Suite 203. 11450 SE Dixie Highway. Hobe Sound. FL Applicant's name(s): same Mailing address: Locus address: 73 Squam Road. Unit 2 Assessor's Map/Parcel: 0013-011..2.. Land Court Plan/Plan Book & Page/Plan File No.: LC 14902-J Lot No.: 6 Date lot acquired: 4/18/06 Deed Ref.!Cert. of Title: U-42020 Zoning District: LUG-I Uses on Lot - Commercial: None X Yes (describe) Residential: Number of dwellings 2 Building Date(s): All pre-date 7/72? X or Duplex_ Apartments_Rental Rooms_ C of O(s)? Building Permit Nos: Previous Zoning Board Application Nos.: () 54-05 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 attached. I certify that the information containe herein is substantially complete and true to the best of my knowledge, under the pains and pena ies of perjury. / SIGNATURE: Applicant Attorney/Agent (If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board) FOR ZB 0 FICE USE / Application received on: By: Complete: V Need copies?: Filed with Town Cle :~J_j(), . Board' . . u-,- . Fee deposited with Town Treasn....'t,~:iI(fQ By: aiver re'!)!ested?:~ Granted: ~ _1_ Hearing notice posted with TOW;CI~~~.j3tLricL Maile~/ bf2!?I&M:~_:!Jjdp& 2J~O(o 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 TITLE MEMO 1. The property (Lot 6 on Land Court Plan No. 14902-J) was owned by the Brown Family since the 1950s. 2. Both the main house and cottage were built and used as separate residences since a time prior to 1972 and both have been continuously used as residences up to today. 3. In 2004 the Brown family created the Squam Head Condominium. Unit 1 being the main house and Unit 2 being the cottage. 4. The lot in question contains 80,700:!:: square feet with a total allowable ground cover of 5649 square feet. The main house has ground cover of 2188 square feet and the cottage has ground cover of 445 square feet. 5. Applicant proposes to demolish the existing cottage and build a new residence with a ground cover of 1,585 square feet. The new Unit 2 will comply with setbacks, ground cover, 12 foot separation from main dwelling, and will be 20% smaller than the main house. While the structure is being reconstructed, the use as a single-family residence is not being abandoned or even changed. 6. The Zoning Enforcement Officer has decided that the form of ownership is a pre-existing non-conformity because both dwellings pre-existed the 1972 Zoning By-law. It seems to be the position of the Zoning Enforcement Officer that the use of the structure as a single-family residence lost its pre-existing status when the Brown family created the condominium. Applicant argues that the use is separate from the structure and that he is not abandoning or even changing the use as a single-family structure, and that demolishing and rebuilding will not somehow nullify the condominium. GLIDDEN & GLIDDEN, P.C. ATfORNEYS AT LAw P. O. Box 1079 37 CENTRE STREET NANTUCKET, MASSACHUSETTS 02554 JAMES K. GLIDDEN RICHARD J. GLIDDEN JESSIE M. GLIDDEN 50&228077 1 FAX 50&22&6205 GLIDA 1TY@NANTUCKET.NET 5 June 2006 HAND DELIVERY Nantucket Zoning Board of Appeals c/o Linda Williams, Administrator One East Chestnut Street Nantucket, MA 02554 RE: Squam Head LLC, Assessor's Map 13 Paracel11 73 Squam Road. Unit two Dear Ms. Williams: I represent Squam Head LLC, the owner of the above captioned property by virtue of a deed registered with the Nantucket Registry District for the Land Court as Document No. 115990 (a copy of said deed is enclosed herewith as Exhibit A). In March 2006, Thomas W. Hall and Helen Marshall Hall Brown, my client's predecessor in title, submitted an application to the Nantucket Building Department to build a new single-family dwelling at 73 Squam Road (a copy of said application is enclosed herewith as Exhibit B). On May 10, 2006, the Zoning Enforcement Officer issued a letter denying the application (a copy of the denial letter is enclosed herewith as Exhibit C). The plans for the new dwelling had been prepared by Botticelli & Pohl for my client as contract purchaser of the property. The Halls agreed to submit the application on behalf of my client, as they were then the owners of the property. As evidenced by the enclosed deed, my client is now the owner of the property and is the aggrieved party. It is our position that the Zoning Enforcement Officer is incorrect in his denial of the application for a Building Permit. The purpose of this letter is to appeal his decision to the Board of Appeals and ask the Board to make a finding that no relief from the 31 May 2006 Letter to Williams Squam Head LLC, 73 Squam Road, Unit two Page two Board of Appeals was required in order for the Building Department to issue the requested Building Permit (enclosed find title and building memorandum for review by the Board, which elaborates our reasons for believing that the Building Inspector was incorrect). In the alternative, Applicant seeks a Special Permit, pursuant to Chapter 139 Section 33 A( 4) to allow the construction of a new single-family dwelling in accordance with H.D.C. approved plans (H.D.C. Certificate of Appropriateness No. 47611) Resp~ submitted, Richard J. Glidden Glidden and Glidden, P.C. 37 Centre Street Nantucket, MA 02554 GLlDDEN & GLIDDEN, P.C. ATTORNEYS AT LAw P. O. Box 1079 37 CENTRE STREET NANTUCKET, MASSACHUSETTS 02554 JAMES K. GLIDDEN RICHARD J. GLIDDEN JESSIE M. GLIDDEN 508-228..Q77 1 FAX 508-228-6205 GLlDA TTY@NANTUCKET.NET 31 May 2006 HAND DELIVERY Marcus Silverstein Zoning Enforcement Officer 37 Washington Street Nantucket, MA 02554 RE: Squam Head LLC, Map 13 Parcel 11 73 Sauam Road Dear Marcus: I represent Squam Head LLC, the entity which purchased the above captioned property from the Hall family on 18 April 2006 (copy of the deed registered as Document No. 115990 is enclosed herewith as Exhibit A). Title was taken in the name of Squam Head LLC, and Mr. Erik M.W. Caspersen is the manager of that entity. It was my client's application that was denied by virtue of your letter dated 10 May 2006, a copy of which is enclosed herewith as Exhibit B. The Brown family agreed to allow my client to make application to the Building Department prior to closing. The pu~pose of this letter is to notify you that my client is appealing your decision to deny the applica'tion for a Building Permit to build a single-family dwelling with ground cover of 1,585 s1e feet. I enclose a copy of my letter to the Board of Appeals. V~ry truly yours, \ ..~.' " / '..... { '. ""--- Richard J. Glidden RJG/ka enclosures Ma~ 10 2006 10:40AM Nantucket Building Dept. 50S-325-757S p.2 G. )l.,~\\).,\, D BUILDING AND CODE ENFORCEMENT DEPT. TOWN BUILDING ANNEX 37 WASillNGTON STREET NANTUCKET, MASSACHUSETTS 02554 Telephone 508-228-7222 Tele Fax 508-228-7249 May 10, 2006 Thomas Hall P.O. Box 3988 Austin, TX 92781 Dear Mr. Hall: Your request for work. (reconstruction/expansion of a pre-existing nonconforming structure) at 73 Squam Rd. (Map# 13, Parcel# 11), has been denied for the following reason(s): The structure you have applied to demo and reconstruct/expand is currently said to be a pre-existing, nonconfonning structure as to ownership (g139-7A(2)f) and Planning Board approval (~139-7 A(2)h). Pre-existing, nonconforming structures may only be expanded by special permit as issued by the Zoning Board of Appeals (ZBA), per ~139-33. Please contact Linda Williams, ZBA Administrator, at 508-228-7215 for information on how to proceed. At this time, the demolition has been approved and is available to be picked up from the Building Department. Should you not wish to seek ZBA relief, the structure may be rebuilt in compliance with all provisions of the Zoning Code. If you have any questions regarding this notice please call, fax or visit. ~Ctfu~, ~llverstein Zoning Enforcement Officer Town of Nantucket Fc; Richard Glidden Plaoe be advised IIlaI aa appw oft18t deDlaI may be fihd wilbill 30 days otthis DOliu with tile Zoning Board of Appeab pursNnt to 1139- 31A(2) ofIbeT'WD ofNanlllcket Zont.l!Code. ArLAN~~ 14902J --- -- ~ "ean Hi .~ Edla L. Ricker \ I I ~ I . ~ I ii ~ c::s 't ~ f :;:: .....~ I~ Ii , g 524"26'09"< ~ ~ ___ -'\22,OOJ" il: f- l/l W \- G R ~ ~ Z ::J <l:Ul Z Z 6 '" ~ ii ~ c::s ~ <ti <j \ , ~ '" 0 ~ to; ~ <.5 r-- c: Ol - Ol o _~ ~ g 00 ....J l/l '" 15 <l: li; z~E <l: ..... Q) ....J \- 0 c...~~ ~ 85 ~ 8~ Vi 5 l:l B"C m 0 ::).l: UlU "'- . 0, ~q~ to) ~ D ~ I , \ , ---- G.B. C.B. _- 68.00 ~ :.'" NI5'36'15"W I:::J ~ /-- =120.64= __ ~ h // "'t~ - 60'6.f. - 60.00 ~' '" N 09' SO' OS" ; N IS' 36' IS" W G.B. \ , -.J. I C.B. ).... ~ 3 Plan No. 14902H Cerl. No. 3915 Subdivision of Port of Lot 8-6 Shown on Pion 14902-[ Filed with Cert. of Title No, 3454- Registry District of Nantucket County Separate certificates of title may be issued for land shown hereon os Lot 6 By the Court. ~~~l Dec. 24, 1997 Recorder Abutters are shown as on original decree plan. Cop)' 01 part 01 plan - fkdin- lAND REGISTRATION OmCE -DEC. 23, 1997- Seal. of this pion 50 fool to on inch Louis A. AJocro, Engineer for Court OJC -o21N ~ ~ i!! , I . s <: Ig -~. 0 ~,,~ ::r ;;;~~ I~ ~ ii~ !~ ~ . ~~ ;:':1: ~ in ~ I~ ; ~~j!! ~ t~ ~~~ ~ ~ ~ '" - ~ d l::l :0 0 V>. (I o c: . -, ~ II: , 0 r;:::I: () z Z m(l q ~~ ~~ o~_ . ;=lIZ(-l~O-f o z'< c;; rE' 0 m ,.o:z~()"D~n .....o~^r;:z " r.> _~ !il ~z )> Or- ~ Olz;;: ~ (I) Z. zt;;1:J ~"'r-oz ~O>-i ~~o ~ ~ "''-0> I: ~ ~ i i VJ n f:- r.> IV o o ... "' .-' ,.--.... 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" \ A .-l. ,J --~ \ \ ," -; < .~. i J\;--l .. .'. ~ If! \ 't . .:'" i~ ~ 'r et ~'~'- ~Ig ~ I" \' :of\ I~ 11-~\';'/ 'g~~ ~~ .-/::/ ~~ ~ UNIT 2 FIRST FLOOR AREA = 445 S.F.+ /- ~---------------~ I I I . I SCREENED PORCH I 23'-5 1/2- I I I , I I I , , I I I I SITTING I , , I lEE I 'Ill [jjJ III Ill' E_______________~ --] LIVING ROOM \ l I I I : t i _J . 2 KITCHEN u SQUAll ttEA"D ~ONDOIIINIUMS NANTUCKEt MASSACHUSETTS DATE: MARCH 21. 2006 SCALE: 1/8" = l' Boucher & Heureux, Inc. CIVIL ENGINEERS" 7\ lAND SURVEYORS 648 AUERICANLEGION HIGHWAY, SUITE ONE WESTPORT, MASSACHUSETTS 02790 tel. (508) 636-5905 - fax. (508) 636-24n 115990 , CERTIFY THAT THIS PiAN SHOWS THE UNIT DESlGNATtD UNIT 12. NID NSf) THE IMIEIMTa.Y ADJOINING UHl1S, NIJ IT FUU.Y NlDNXURATELY DEPICTS mE ~YOUT or mE UN1T, I1S LOCATJON, OIJIENSIONS, N'PROXIIATt MfA NID UlfDlATE COMIION AREA ACCESS. AS BUll..T. " , I Cl I~ IUl I?: l:::i ..... I::) o l' 3' ~ SCALE: 8' 16' I I 1/B" = f'-O" UNIT 2 SECOND flOOR AREA :a 445 S.F.+/- I I I *'-2 1/~~ ___---1___L__ D . BEDROOM _, 0) ...,.. 115990 Z"l II I tl I~ >II o I Ii ... 1 i' I 1 .. f'l I I .) ~ ~ I 1 ~ ~ .. ~ ..... .. ~ I~ en .... - ..... lif ..... co en ..... - .. ..... .... i n ...., ~ ii3 ~ . .. :zoo (.Il -< 181 ;;l 8 r;II t:: ~ ..... ~ ~ G\ iJ I 1 ~ I'll ..... i ,-I .. .... ;j -I ~ ..... N c:: n (.Ill e ~ .... I ~I 0 ~ I 0 - ~ ..... 0 i! 1 I VJ ... :g I I I'll - .... ... .. ... .. 1 I - ~ I I I I~ I I I I . I 8 I< f__i.. \:\ \ ~ ~ L BUILDING PERMIT NUMBER APPLICATION FOR BUILDING PERMIT IMPORTANT - Applicant to complete all items in Sections: 1, 2, 3, 4, and 5 1. LOCATION OF BUILDING OWNERS NAME (print): ~lA:1L fJ\~\L Y t-\ :r: Last First Middle Initial -=t ~ ~\A\-J\. ~~ Ut-l\T ~e.. No. Street Assessor's Map No. l~ Assessor's Parcel No. _~ 2. TYPE AND COST OF BUILDING - All applicants complete Parts A-E A. TYPE OF IMPROVEMENT ~ew Building o Addition o Alteration o Repair, replacement o Demolition o Moving B. OWNERSHIP (Private o Public D. DIMENSIONS C. COST TOTAL COST OF IMPROVEMENT ~16D.~) I Dimensions of Structure First Floor Area: J6~ 6F Second Floor Area: lLOCo ~ Third Floor Area: Total Floor Area: z..<<::H / ~ Full Cellar Area: _112.4> ~- ~ E. PROPOSED USE Residential Detail scope of work by floor & provide the square footage. iilone Family o Studio o Two or more family - Enter number of units o Hotel, Motel, Dormitory enter number of units o Second Dwelling o Garage o Pool o Other - Specify F~\.~ .~~ 3. SELECTED CHARACTERISTICS OF BUILDING For new buildings and additions, complete Parts D-N for Demolition, com lete onl Part 1., for all others ski to 4. F. PRINCIPLE TYPE OF FRAME ~ Wood frame o Other - Specify H. TYPE OF SEWAGE DISPOSAL o Public 74 Private (septic tank, etc.) K. ACCESSORY HEAT SOURCE No. of fireplaces No. of Wood Stoves Other: OOil o Electricity o Heat Pump I. TYPE OF WATER SUPPLY o Public rp> Private (well) G. PRINCIPLE TYPE OF HEATING o Other - Specify J. SMOKE DETECTORS No. of Detectors ~ 't-J..A..~ eN::€: See Plan for Location L. RESIDENTIAL BUILDINGS Number of Bedrooms 4.__ Number of Bathrooms ~ . Full ~ Partial ~ tl-Gas 3. Continued M ENERGY CONSERVATION T Th k RVI ype IC ness aue Foundation or Floor insulation ~1\ ~.. .g. /~ Wall Insulation ~,,- 6" g,lCf Ceiling or Roof Insulation ~A1f Ci"' 'f?: . eo Window Glazing: Insulated Glass Double Glass Storm ~-- Doors: Insulated Yes No V Weatherstripped: Yes 'I No Percentage of Window Area to Wall Area: 5~t> N. STRUCTURAL CHARACTERISTICS OF BUILDING Applicant is required to submit complete structural framing plans with application due to the complexity of the structure, if the following information is insufficient for proper plan review. Foundation Z:" 111 ~ Footing size: .0 ~.1.. Ofooting reinforcing: Wall material: ~. Wall thickness: B* . ..' e' 0" Wall height: <5. &c> c .1 Wall reinforcing: Pier or column size: ~ Pier or column spacing: 3'-{Q" t-lI\X Pier or column footing size: ~ Pier or column reinforcing: No. of crawl space vents: t\. Crawl space: 0 Full o Partial FRAMING: Main Carrying members: Size: l-et~... )(.. 9 ./~" l.-"l- Support Spacing: f:>'-6- MA-K First Floor Framing Joist size: lJtz...,~ \ ~.. ." Maximum Spacing: j b'~ Dc. Maximum Span: 1 - D Second Floor Framing Joist size: ~ At::: Maximum Span: Lb'-D" Max;mum Spadng' =t= Joist size: ~ ' " Ceiling Framing Maximum Span: 16 - 0 Maximum Spacing: Roof Framing Joist'size: ZrlD Maximum Span: J \, ~ - b' Maximum Spacing: Roof Truss Applicant must submit design calculations for all wood trusses stamped by a Registered Professional Engineer. SKETCH OF PROPOSED WORK (minor projects) . NOTES AND DATE (For DeDartment Use) FEE CALCULATIONS " '4. ZONING COMPLIANCE To be completed by all applicants Applicant is required to submit a registered plot plan with application, showing location of all structures. Zoning District: LUb-} Total Land Area: eq 3C:O 'BF Frontage on Street: roo Lot No.: ~. I L:> H \ \"' 'Z- Plan Book No. and Page: Land Court Plan No.: l4CfD'Z-_ ) Date Lot Purchased: Certificate No.: ~ ~foc::' Name of Previous Owner: .\-\A l-l ~ SUBDIVISION INFORMATION Name of Owner: Date of Plan Approval: TIME SHARING Type of Approval: ANR AR INFORMATION Planning Board File No.: Is there a declaration of Covenants and Restrictions of Is the Subdivision subject to a Covenant: YES NO Interval Ownership noted on Is a Release required: YES NO your Title or Deed? Has Plan been filed with the Registry of Deeds? YES NO If YES: Plan Book and Page No.: Date Yes - No - DIMENSIONS Distance from Property Lines: FRONT JZO' +-1- REAR Z-l::D 'j:. LEFT Ie' RIGHT LO' Distance between Principal and Secondary Dwelling: t-l/At (12ft. minimum) Height of structure above finish grade: N ZZ,4_(P'" E zz. '- t&J 0' S z;z. '- f6> .' W zz. '- ,=>' . Number of off-street parking spaces: Enclosed D On-site z.. GROUND COVER Principal Dwelling: lti:.:>4.~~ Secondary Dwelling: Total: J l:()4_ 3~ Addition: SF. Garage: Allowable: SF. Accessory Building: Swimming Pool: Other: MISCELLANEOUS Was a request to "Determine Applicability of the Protection Act" filed with the Nantucket Conservation Committee? YES _ NO_ If answered YES, include "Order of Conditions" with application. What date was the "Order of Conditions" with application. What date was the "Order of Conditions" filed with the Registry of Deeds? Is the property located within a Flood Hazard district? YES NO Was a Variance or Special Permit granted by the Board of Appeals? YES NO If answered YES, what date was the decision filed with the Town Clerk? FOR ZONING OFFICER Minimum Lot Size: Ground Cover Ratio: Frontage on Street: Side and Rear Setback: Front Yard: Secondary Dwelling approval Additional Comments: Board of Appeals Lot Release Form Date: APPROVED BY: Zoning Officer 5, IDENTIFICATION - To be completed by all applicants Name Mailing address - Number, street, city and state Zip Code Telephone No. 1. Owner or qZ-'1~l Lessee Print Name Builder's License 2. Contractor Signature Date 3. Pa-\L Date Contact Person sr. 6~ Works Compensation Insurance Certificate or Affidavit must be submitted with this application. I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application as his authorized agent and we agree to conform to all applicable laws of this jurisdiction. ~ Signature, of applicant t '--;;1.L.-bv/v~~ 4.a -Z>>....n..r- Address Po l3(J'f- -:)'1Sf lust;...." CA. ~T.J. 7'i1 Telephone #7 J'f- 53 2i - 17 ?S.--- Print name He-Ie", lV\uCSk.J.>.i{ t4cU\ ~.0lJ"> DO NOT WRITE BELOW THIS LINE 6. PLAN REVIEW RECORD - For Office Use Plans Review Required HISTORIC DISTRICTS COMMISSION SEPTIC , r /~, ~ ~. /;;1 d 1/ P:. /z d. /2._ ; - ~ ~L " JJ~ J) " () I ,/ j2 1C Q./l SEWER / /" r j) / WATER WELL COMPLETION REPORT / CONSERVATION COMMISSION / FIRE CHIEF OVER-THE-ROAD (Board of Selectmen) ROAD OPENING PERMIT (DPW) PLUMBING ELECTRICAL 7. VALIDATION FOR DEPARTMENT USE ONLY Building Permit Issued Use Group Occupancy Load ___~__________ Census No, Building Permit Fee Approved by: Date of Issuance of Certificate of Occupancy Building Commissioner 115990 - c.:I<.\-\\\\\\ \-\ UNIT DEED 1111111'1111 Cert: U42020 Doc:UDD Registered: 04/18/2008 03:29 PM WE, HELEN MARSHALL HALL BROWN and ROBERT S. BROWN, of 8220 E. Thistle Court, Orange, California 92869 and THOMAS W. HALL, Jr. of 23 Anthony Road, Foster, Rhode Island 02825, for consideration paid and in full consideration of TWO MILLION FIVE HUNDRED mOUSAND and 00/1 00 ($2,500,000.00) DOLLARS grant to SQUAM HEAD LLC, a duly organized Delaware limited liability company, with a mailing address of c/o Emily Ross, 11450 SE Dixie Highway, Suite 203, Hobe Sound, Florida 33455, with QUITCLAIM COVENANTS Unit No.2, located at 73 Squam Road, of the Squam Head Condominium (the "Condominiums) created pursuant to Chapter 183A of the Massachusetts General Laws (the "Act") by Master Deed dated December 23, 2003 and registered with the Nantucket Registry District as Document No. 106508 noted on Certificate of Titles No. C-35 and U-42OO3 (the "Master Deed"), together with a forty (40%) undivided percentage interest in both the common areas and facilities of the Condominium and the organization of unit owners through which the Condominium is managed and regulated, (b) the exclusive right to use the parking space and storage area, if any, assigned to the Unit, and (c) such other rights and easements appurtenant to the Unit as may be set forth in any document governing the operation of the Condominium, including without limitation the Master Deed, the By-Laws of the organization of unit owners, and any administrative rules and regulations adopted .pursuant thereto (all .of which are hereinafter referred to as the "Condominium Documents'') The above described premises are those conveyed to the SELLER by deed dated July 30, 2005 and registered with the Nantucket Registry District as Document No. 113863 noted on Certificate of Titles No. C-35 and U-42oo3. Said Unit 2 is conveyed subject to the following matters: (a) Any and all rights legally existing in and over said Lot 6 below mean high water mark. (b) Stipulation by the Commonwealth of Massachusetts dated March 14, 1933, registered with the Nantucket Registry District as Document No. 2824. (c) Easement to Rudolph G. Bolling and Ethel Bolling dated October 17, 1963, registered with the Nantucket Registry District as Document No. 9086. (d) Right of Way to John B. Feltner et aI., dated December 4, 1981, registered with the Nantucket Registry District as Document No. 25693. (e) Declaration of Trust and By-Laws of the Squam Head Condominium Trust uld/t February 12, 2004, registered with the Nantucket Registry District as Document No. 106509 and noted on Certificate of Title No. C-35; 115990 (f) First Amendment to Squam Head Condominium Trust Declaration of Trust, registered with the Nantucket Registry District as Document No. 116qg7 and noted on Certificate of Title No. C-35. For title, see Certificate of Title No. ~ at the Nantucket Registry District. LA f./?'-O 0 '3 115990 WITNESS our hand and seal this ~ day of March, 2006. L-;.u- ~f4 /kt 11.- HELEN MARSHALL HALL BROWN &lj~ ROBERT S. BRO STATE OF CALIFORNIA .sl- , 55. March 21 , 2006 ~t On this 2.....1 day of March 2006, before me, the undersigned notary public, personally appeared Helen Marshall Hall Brown and Robert S. Brown proved to me through satisfactory evidence of identification, which were c..A 1)\-) vi flJ L~ to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. ~ ~~H~ Notary Public My Commission Expires: ,,.. ~S" - -lo.ol' ~ Ae.L A A A ~A~~I;A ~:~~lA~ I!! COMM.I1.465125 Uta U NOTARY I'\Jlll.,IC-CAI ID ORANGE COUNTY j Nyeomm.~....."'Ja.2OOI t ~yyYYYYTTYTT 't. MA HUSETTS EXCISE TAX Nantuoke unty ROO '18 001 Date: 0.411 03:29 PM Ctrl145766114Q3 00' 00115990 Fee: $11.400.00 Oon $2,600,000.00 I NANTUCKa lAND BANK CERTIFICATE l~aId$6"~. OtJ(J.(JO DExempt I DNon-eppllcable 115990 2.. ( trtaJ ~ D{J~ ~ IJ/ W(; THOMAS W. HALL, . 10~ . ss. STATE OF RHODE ISLAND March M, 2006 On this ~sr day of March 2006, before me, the undersigned notary public, personally appeared Thomas W. Hall, Jr. proved to me through satisfactory evidence of identification, which were ~ ~ to be the person whose name is signed on the precc!ling or attached docwn ,and acknowledged to me that he signed it voluntarily for its stated purpose. k9-~ My Commission Expires: "'Co"'IIt~ ~. t....,.,tffr~:~, .IX~ ~.~ u; th"..., ~.1. '?J':", .... "HE /I#.''!,;;'~-. '11:. .." O~~ ;,' ~~. Jj.f:(?7i' /~~~.~~i.?'4.{:"r;l~,. /!/~2,', : ~.;..: ".".... 0', -::, ~" : <i: 0 '.1 ....... ; ~ ~ ,_ ~ 41'1 :,;" " r::-' .: ~" ;.' 'r " \? '.~ .'10. V .:...! ,~ .,'" ". ",'"" .',0: 'I ./.>~. ~.,.~. .~ ~ .- " '.' St' .I~" ..( '; ,,:. ~;. . , . . . . , ~. ~ I , \.""\__~.d.~",~",,,:,:<,:,,,,,,,",::f;,~,, ,'" "I,. ~W. "J I ~.~ . N 118. 000. , .1 ~.\ (1 ---- ",-2 p . \.. AC " -t- '" L--0('-\~ .' 14-11 ~ + SQUAM I I ""..! ~_. .; o o .. .., .., ... N 114,000. REV I I NS DAn: PAICH DA.tE ,dCU "3 .fe. r I _ _ _KNOTtl SMAIl:I Llflt.: l. Js A::. ot:MOTU SMAIl:I: NUMlt.:1l: 1. tM.G.) OlNOTU NOT COH'TIl:~lEO ... ,"AU OIVIIION LJHU .. ,MOWN, AIl:I: Af'HlOXIWl.1t ONLY. pA.U ,ueH N ~ . -'" :\ ,"fOIM. TIOH SHOW" ..ElEOt< WAS COM',LEO flOM .EII.L 'H01OOI.l'HS. DEEDS- ."0 ,.,."S Of lECOlO .....0 IS "OT TO aE (""STIVED .S "..'''G SUfflCIE"T ",cva. ~', ' . ,\. 26 Jf ). ()O .--- \''- ~ ci--- \ 0 .\J \A 0'1'\\ '"L-'*' .- 0-- RECSVED SOARD OF ASSESSORS JUN 0 6-2006 TOWN OF NANTUCKET, MA Town of Nantucket ZONING BOARD OF APPEAL~ " LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF . . (, Q v., ~ IV\.. \-\ t A- D L \..-C . PROPERTY O~ER'...... ..........:............"."......... ............."....".... ,,:. . , MAILfNG ADDRESS.. ~.~ .~.~.~......~.~... ."?~~.~~.....~ :.~::. ~~~. ....~~ .\.~~ . . 1 ~ i) ~ Q '--\ ~ "-"\ "- () PROPERTY LOCATION......... ... ... .., .......,. ,.. ....., .,..., ...... .....,... ... ... ,... 'ASSESSORS MAPIPARCEL:....,. ,~.}.....:-:... ...~.\.,:~, ................,.,,, "..,. 'd... \.) ":) , \-\ () \) ( ~ "\J..J\. >0 i fLoP, 1.,'1~(~ APPLICANT........... ~..9-.~. ~..~.".... \~.\ .~.~.. '\'''~ ~,S......."...".".." SEE ATTACHED PAGES I cenify tbattbe foregOing is . list of persons wbo are owners of .butting propeny, OWners of land directl;, opposite on any public or private street or way; and abutter.s of the abutters and all olher I.nd Owners within 300 feci of Ihe. property Iirie of OWl\er', property, .11 as they 'ppear on the most recent applicable tax list (M.G,L. c. 40A, Section II Zoning Code Chapter 139. Section 139.29D (2) . ~___ 1/ QtJOh 2'_" .~, ',:' ,~." ./oJ'.... 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