The URL can be used to link to this page

Home My WebLink About028-07 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 / / , ~ Date: April 30,2007 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: ~ Application No.: 028-07 Owner/Applicant: THOMAS FOLEY AND LUCINDA FOLEY EJ :::a W o ~~:;J. Enclosed is the Decision of the BOARD OF APPEALS which has ~his day been filed with 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 a complaint in Land 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. 2~~~qa~ cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-228-7215. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 13 Parcel 4.1 Limited Use General-2 87 Squam Road Land Court Plan No. 15961-1, Lot 92 Certificate of Title No. 20,872 At a Public Hearing ofthe Nantucket Board of Appeals held at 12:00 p.m., Friday, April 13,2007, in the Conference Room, Town Annex Building, 2 Fairgrounds Road, Nantucket, Massachusetts on the Application of THOMAS FOLEY and LUCINDA FOLEY, Board of Appeals File No. 028-07, the Board made the following Decision: 1. The Applicants are seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-16C(2) to validate an unintentional front yard setback intrusion. Applicants are asking the Board to validate the siting ofthe single-family dwelling that is sited as close as about 34.5 feet from the westerly front yard lot line in a district that requires a minimum front yard setback of35 feet. In all other respects the lot and structures conform to the dimensional requirements of the Zoning By-law. In the alternative, or to the extent necessary, Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning By-law Section 139-16A (Intensity regulations - setback) to validate the structure as currently sited. The lot also contains a conforming separate studio structure. The Premises is located at 87 SQUAM ROAD, Assessor's Map 13, Parcel 4.1, Land Court Plan No. 15961-1, Lot 92. The property is zoned Limited-Use-General-2. 2. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation, on the basis that no matters of planning concern were presented. Except for the presentation by the Applicant and his representatives, no support or opposition was presented at the public hearing. There were no letters on file from abutters. Applicant's licensed surveyor Richard K. Earle of Nantucket Surveyors, LLC, was present at the hearing to speak on the Applicant's behalf. He stated that there were difficulties that were encountered in trying to site the dwelling and the separate studio structure within a restricted building envelop due to wetlands constraints, as well as various conservation and utility easements on the site. He had done work for the previous owners so he was familiar with the site. With regard to the comer board and porch intrusions into the required 35-foot front yard setback area, Mr. Earle stated that during the course of construction, a design change extending the deck slightly had been made by the architect that was not then transmitted to the surveyor. He further testified that his revised foundation plan was inadvertently omitted from the final construction plans for the dwelling as well. The builder and owner reasonably relied upon the surveyor to site the structure and continued with the project. He stressed that the mistake was not made by the owners of the property. The Applicants did not realize that a problem existed until the as-built survey was done and there was no advantage to have been gained by siting the dwelling within the required front yard setback area. He supported a grant of special permit relief and asked that the Board be aware of the unusual site constraints and good intentions of the Applicants. Applicants would incur significant expense to correct the front yard setback intrusion, including removal and reconstruction of the comer boards and front deck on the dwelling. 3. The Applicants, through counsel, represented that the property ("Foley Lot") has an area of about 130,083_square feet and is subject to a Conservation Restriction running in favor ofthe Nantucket Land Council, Inc., dated November 29, 1996 and registered as Document No. 74519 at the Nantucket Registry District ("CR"), that severely limits and constrains the building envelope on the Foley Lot and also limits the ground cover of all buildings to 1,500 square feet. The existing dwelling on the Foley Lot has a ground cover of about 1,134 square feet and the existing studio on the Foley Lot has a ground cover of about 337 square feet. The existing dwelling on the Foley Lot intrudes about 7.2 inches into the required 35-foot front yard setback area, at its closest point. Although the front facade and foundation of the existing dwelling comply with the setback requirement, the comer boards and edge of the front deck intrude slightly into the required front yard setback area. Applicants' counsel represented that the Applicants engaged the services of a licensed architect and licensed surveyor to prepare architectural designs, site plans and construction plans for the location of all structures on the Foley Lot. During the course of design and construction of the dwelling the architect made revisions to the construction plans. Specifically, the dwelling foundation was moved approximately one (1') foot to the east and the front deck was extended approximately one (1') foot to the west. 5. Therefore, based upon the foregoing, the Board finds that a grant of the requested special permit relief would be appropriate in the circumstances. The Applicants acted in good faith and reasonably relied upon their licensed surveyor and architect for the siting and design of the house. The Board finds that the front yard setback intrusion is unintentional, is less than five (5') feet and is not closer than four (4') feet from the front yard lot line, and the burden of correcting the intrusion substantially outweighs the benefit to any abutter to the Property of eliminating the intrusion, particularly as the abutter most affected is Squam Road. Such findings satisfy the criteria set forth in Section 139-16C(2) of the Zoning By-law. As no variance relief is necessary to validate the siting, Applicant withdrew that portion of the Application that requested variance relief pursuant to Zoning By-law Section 139-16A in the alternative. 6. Accordingly, by a vote of four in favor (O'Mara, Koseatac, Wiley, Tupper) and one opposed (Sevrens), the Board GRANTS the requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-16C(2), to validate the siting ofthe existing single-family dwelling on the Foley Lot, subject to the following conditions: (a) The siting of the dwelling shall be as substantially shown on the "As-Built Plot Plan @ 87 Squam Road", done by Richard K. Earle, Nantucket Surveyors LLC, dated November 2,2006, a reduced copy of which is attached hereto as Exhibit A, along with an enlarged section of the violation redacted from said plan and marked as Exhibit B; and (b) There shall be no further building within the required front yard setback area without further relief from this Board. Dated: April 30 ,2007 ~h~~a ~,8#L - enm Koset ~~~ .. upper ~.~~ \,ShlAA~ ancy J. Sev tis ~ ~jl ~~~ oC' ~~ ~ ~\c . ~~ "~jl ~IG~ rfJ6 ~~ ~.~ /zfZ oj.\ " .pp~ = ~ H96UINV1cr.l1 < ~cj\ ll$ s'l~" CO~ .., - ~~ .!. ~- ~~ " . ilj- ..~ 51a' ~gi:\<! 'II'" ~ ii~~i!i '" !I~ ~h~ ~ '" " - o ~ (}j t...,~ "'7~~ ~~~.... el ~R ;!; ... (i 3 ! . 150.00' N,'r $!:RVA 1I0N CoN NTUCKET NOA 1I0N NA fOU14_19 ~~ 8 ~~ (/) ~ N~ ~ 0 ~ ~ ~~w~ >- ;;<1 ~ ~;h~ ~ >- U) - ~ i~~ ~ ~ ~: I ~ ~~m~~" z ,e(j- j U) .... ~ ~ ~-< v\>-I: ~~g >-~~ ~"'Z a> ~ z " ~ ';:2\ N ~d.~ !' qll!~g >- lLi!i-< , ~ ~~~:~ ~~~~8 g~!fil'; @~:il':'<~~ ~ ;5l~~~OJ:1lm t ~~~~~~~ ~h!; ~9~~d~ ~ti~~g Uh~~~ ~~I~~ l!) ~"! ~~~ ,,- a '" . \ \. \. 1...---...- ~ ~& I ~ ~ ~ ~ ~ ~ I ...J . i ~ ~ ~~ i~ :z ~ N ~ cog ::1.... g~ '", ~~ ~~ ~.... .. < )> < e C) ~~ Of1\ ~c:.--\< ~ < c), \C)O-Tl ~)>< <.Q::j(J) of1\ <::0 ~ ::j o z ~ (Jl o . o 0.. DHCB I FND '.- \ ~ If) ()) (Jl 0 . 0 c: Q. J:> s:. "'\ \ ~ \ IN \ \ a I . I a I a I \ -. I ~ I , .lI!u.' c:J J ~ / / / , ::a () )> c:J ENLARGED PLAN SHOWING FRONT YARD SET BACK INTRUSION SURIED PROPANE TANK CONSERVATION RESTRICTION AREA 'st - 4.5' 10 DECK ~~ 4' TO coRHER VV' BOAAD 35.5' TO cORNER BoAAO 34 5' TO OECK/ . pORCH 34.5' TO OECK/PORCH . PORCH . WELL A.c. aUN/TS aD ---- --- ONSERVA n()tJ ,----- "II. S!.B I 'A I t \ \ - \A \ > I / A ELEC ( L \ \ \ .lI!u. \.. -.... --- . . .--- ".' .-' '.-- -- 1/2 STORY STUDIO TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD 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. APRIL 13.2007. in the Conference Room, 2 FAIRGROUNDS ROAD, Nantucket, MA, on the Application of the following: THOMAS FOLEY AND LUCINDA FOLEY BOARD OF APPEALS FILE NO. 028-07 The Applicants are seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By- law Section 139-16C(2) to validate an unintentional front yard setback intrusion. Applicants are asking the Board to validate the siting of the single-family dwelling that is sited as close as about 34.5 feet from the westerly front yard lot line in a district that requires a minimum front yard setback of 35 feet. In all other respects the lot and structures conform to the dimensional requirements of the Zoning By-law. In the alternative, or to the extent necessary, Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning By-law Section 139-16A (Intensity regulations- setback) to validate the structure as currently sited. The lot also contains a conforming separate studio structure. The Premises is located at 87 SQUAM ROAD, Assessor's Map 13, Parcel 4.1, Land Court Plan No. 15961-1, Lot 92. The property is zon Limited-Use-Gen -2. THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE NO. O&CO---csz FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): THOMAS FOLEY and LUCINDA FOLEY Mailing address: 43 Pond Street, Essex, MA 01929 Applicant's name(s): same Mailing address: same Locus address: 87 Squam Road Assessor's Map/Parcel: 131004.1 Land Court Plan: 15961-1 Date lot acquired: 9/9/2003 Uses on Lot - Commercial: None Residential: Number of dwellings: 1 Cert. of Title: 20,872 Lot No.: 92 Zoning District: LUG-3 Building Date(s): All pre-date 7/72: No. Building Permit Nos: Previous Zoning Board Application Nos.: 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: C of O(s)? No d The Applicants seek a Special Permit pursuant to Section 139-16C(2) By-L~W to validate an unintentional and minimal front yard set back intrusion (7.2") based upon a Iice~a surve~lan. .",": ::D -",,- See Addendum "A" annexed hereto. ~ --0 \....; I certify that the information contained herein is substantially complete and true to the bes~f my knowledge, under the pains and penalties of perjury. THOMAS FOLEY and LUCINDA FOLP;1fi By Their Attorney .):,tz , ./ SIGNATURE: - Attorney/Ag&&t V Kevin F. Dale, Esquire I \ (If not owner or owner's attorney, please enclose proo f agency to bring this matter before the Board) ../ F F CE USE . Application received on:~..J;;2,Id+ By: ~omplete: op .: ~ \ Filed with Town Clerk:~1f{ ([7:) Flh....io~ !fJ);. Boilding Dept.:_I---1~ BI/) ~ Fee deposited with Town Treasurer:.;;;/!!.b.O/BY: ai~~quested?: Granted:ct-/~_ Hearing notice posted with Town Clerk::2lfl1 ~ Mailed:a/0-/~/I&M: /3171 It I) & +/~?!2 Hearing(s) held on:--1--1_ Opened on:--1_I_ Continued to:--1--1_ Withdrawn?:_I_I_ DECISION DUE BY:--1_I_ Made:--1--1_ Filed w/Town Clerk:_/--1_ Mailed:_I_I_ DECISION APPEALED?:_/_/_ SUPERIOR COURT: LAND COURT Form 4/03/03 ADDENDUM "A" Applicants Thomas Foley and Lucinda Foley ("Foley") own the improved Property located at 87 Squam Road, Nantucket, Massachusetts 02554 shown as Lot 92 on Land Court Plan No. 15961-1 filed with Certificate of Title No. 7628 at the Nantucket Registry District, Assessor's Map 13, Parcel 004.1 ("Foley Lot"). The Foley Lot has an area of 130,083.i: square feet and is located in the Limited Use General-2 Zoning District. The Foley Lot is subject to a Conservation Restriction running in favor of the Nantucket Land Council, Inc. dated November 29, 1996 and registered as Document No. 74519 at the Nantucket Registry District ("CR"). This CR severely limits and constrains the building envelope on the Foley Lot, and also limits the ground cover of all buildings to 1,500 square feet. Currently, there is a new dwelling with ground cover of 1, 134.i: square feet ("Dwelling") and a new studio with a ground cover of 337.i: square feet on the Foley Lot. The aggregate ground cover of the buildings on the Foley Lot is 1,471.i: square feet (1.13%). The maximum ground cover allowed by By-law for the Foley Lot is 5,203.32 square feet (4%). The minimum front yard set back requirement for Lots in LUG-2 Zoning District is thirty-five (35') feet. The Dwelling on the Foley Lot is sited 34.4 feet from Squam Road, at its closest point. Specifically, the Dwelling on the Foley Lot intrudes 7.2 inches into the 35' front yard set back area, at its closest point. Although the front fa9ade and foundation of the Dwelling conform to the 35' front yard set back requirement, the comer boards and edge of the front deck intrude slightly into the front yard setback area. By way of background, the Applicants engaged the services of Lyman Perry Architects, Ltd. ("LP A") and Nantucket Surveyors, LLC ("NSI") to prepare site plans for the location of the Dwelling on the Foley Lot. On or about May 26, 2004, LP A prepared a Site Plan ofthe Foley Lot showing the location of the Dwelling for submission to the Nantucket Historic District commission. Site Plan One ("Site Plan One") showed the Dwelling to be located 35' from Squam Road and listed the 35' front yard set back requirement. On or about October 1,2005, LP A prepared a Site Plan for the New Dwelling on the Foley Lot ("Site Plan Two"). Site Plan Two included the notation: "ISSUED FOR CONSTRUCTION", and also listed the 35' front yard set back requirement. On or about June 2, 2005, NSI prepared a Site Plan to Accompany an Amended Order of Conditions for D.E.P. File No. SE48-1726 for the Foley Lot showing the Dwelling with the notation "Dwelling Under Construction" ("Site Plan Three"). In November 2006, NSI prepared an "As-Built Site Plan to Accompany a Request for Certificate of Compliance" for the Foley Lot showing the Dwelling ("Site Plan Four"). All four (4) Site Plans showed that the Dwelling on the Foley Lot was located thirty-five (35') feet from Squam Road and complied with minimum thirty-five (35') foot front yard set back requirements. The Applicants and their Contractor relied reasonably on these site plans to locate and construct the Dwelling. On or about November 2, 2006, NSI prepared an "As-Built Plan @ 87 Squam Road in Nantucket, Massachusetts" for the Foley Lot showing that the comer boards and edge of the deck on the front of the Dwelling intruded approximately 7.2 inches into the front yard set back area at the Dwelling's closest point to Squam Road ("Site Plan Five"). It is not feasible for the Applicants to remove the front deck edge and comer boards to cure the front yard setback intrusion and the burden of correcting this intrusion substantially outweighs any benefit to an abutter of eliminating this intrusion. Moreover, the front yard set back intrusion abuts Squam Road and there is no private property owner affected adversely by this minimal front yard set back intrusion. The Applicants relied reasonably on survey plans and architectural plans prepared by a reputable and licensed Architect and Surveyor to locate and construct the existing Dwelling on their lot. Throughout the course of construction of the Dwelling, these Site Plans showed that the Dwelling complied with the 35' minimum front yard set back requirement. The siting of the Dwelling was reasonably based on a licensed survey and the front yard setback intrusion at issue is unintentional and "deminimus". In these circumstances, the Applicants ask the Board of Appeals to issue a Special Permit pursuant to Section 139-16C(2) of the By-Law to validate the unintentional and minimal front yard set back intrusion. In the alternative, the Applicants are seeking relief by Variance pursuant to Nantucket Zoning By-Law Section 139-32 to validate the front yard setback intrusion. Town of Nantucket Web GIS - Printable Map Page 1 of2 Town of Nantucket Web GIS Prop ID Address Owner 13 4.1 87 SQUAM RD FOLEY THOMAS & LUCINDA 43 POND STREET ESSEX, MA 01929 09/12/2003 $1,400,000 C0020872 3.17 acres . NOT A LEGAL DOCUMENT Q Sale Date Sale Price Book/Page Lot Size For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Qj~<;;1<llmer The information displayed on this or any other map produced by The Town of Nantucket is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data, Users are responsible for determining the suitability for individual needs. All information is from the Town of Nantucket r:;pnt'1rAnhir Tnfnrm;:ltinn c:;,vc:hQm rr::TC::;) rl.=.t:::lh:::lCP ~~~ ~-~ Town of Nantucket, Mass Map Composed http://host.appgeo.comlnantucketmalPrintableMap.aspx?Preserve= Width&Map Width=691... 3/26/2007 Town of Nantucket Web GIS - Printable Map Page 1 of2 Town of Nantucket Web GIS Prop ID Address Owner 13 4.1 87 SQUAM RD FOLEY THOMAS & LUCINDA 43 POND STREET ESSEX, MA 01929 09/12/2003 $1,400,000 C0020872 3.17 acres . NOT A LEGAL DOCUMENT Q Sale Date Sale Price Book/Page Lot Size For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Dj~liliJILeI The information displayed on this or any other map produced by The Town of Nantucket is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for determining the suitability for individual needs. All information is from the Town of Nantucket (;pnnr;:mhir Tnfnrm~ti,.....n C:;\lc:h::1m r(:;Tc:;,) r1;:\tAh~c:p ~~'/ ~~ Town of Nantucket, Mass Map Composed http://host.appgeo. com/nantucketma/PrintableMap.aspx ?Preserve= Width&Map Width=99 8... 3/26/2007 VAUGI:IAN. DALE AND HUNTER fi7~, fI,ttj- H~, ~ '/./1/1 PROFESSIONAL CORPORATION r; r /l.D, /YWYs/~ OPERATING ACCOUNT ~~~ / ~ NANTUCKET. MA 02554 · ~ 53-701312113 DATE IS-O 7 ~~. ... 0::'., . ~ N.....,~\- / 'I $:lQQ,QQ . .. L-A- ~'-~ .-" ~ L----- ~LLARS ~ =~ e Nantucket Banko. .. _<ilSowreIp&IM FOR ------------------- M' t BB ~O~????II. -,~ - , ., I . '- ,. . ;~ - 1 I -Ii- I \ TO'lVn of Nantucket Web GIS - Printable Map Page 1 of 1 Town of Nantucket Web GIS o ~ ~_A ... ..... - ~ Prop ID Address Sale Date Sale Price Book/Page Lot Size 134.1 87 SQUAM RD 09/12/2003 $1,400,000 C0020872 3.17 acres NOT A LEGAL DOCUMENT z~\ i/!.\ Q b ) ~" II ~"~,~\ "-~ #:-,__.._____i:;: ,.r"f/ i- \. """'<1!,. V \ i '......""........__....'" ,i . __~_.____~_..c For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Disclaimer The information displayed on this or any other map produced by The Town of Nantucket is for reference purposes only, The Town of Nantucket does not guarantee the accuracy of the data, Users are responsible for determining the suitability for individual needs. All information is from the Town of Nantucket Geographic Information System (GIS) database. Town of Nantucket, Massachusetts Map Composed 3/15/2007 Copyright 2005 Town of Nantucket, MA. All rights reserved, Developed by Z > Z ~ () ""T1~ Ofl1 ~c:.-\Z ~Z(').......... \OO~ ~>Z ~:j(J) Ol'T1 Z::Q ~ :j o Z ....J> (Jl o . o 0.. DHCB I FND ".- \ ~ l/) ()) (Jl a . 0 c:. Q.. ):> $: ""'\ \ ~ \ <..N \ \ a I . I a I a I \ .. I ~ I I ~I a J ~ I I / , ::u () J> CJ -- ----- ONSERVATION -----~ r-:". ENLARGED PLAN SHOWING FRONT YARD SET BACK INTRUSION BURIED PROPANE TANK ENERA TOR 25:1: S.F. CONSERVA TION RESTRICTION AREA '8' _., .!110 ~ 4' TO coRNER . BOAA'> 35,5' 10 CORNER BO~ 345' 10 OEO</ . pORCH PORCH 34.5' TO OEo</pORCH . WELL A.C. aUNITS aa I '.- I 1.llIk. I t \ \ \.lIill. \ ) I I .lIill. ELEC <' L \ \ \ A \.. ........ .- .--..--" - - 1/2 STORY SruDIO .. SUBDIVISION PLAN OF LAND IN NANTUCKET 15961-1 March 3, 1976 Schofield Brothers, Inc., Surveyors ~ ~ " of ____ rj1P---- ~ ~ ../ ~ ~O> ____ n.-----: I. ---- 95.~-e: J;-- . 56 ./ 0 50 -.:.s zS ,C.B. ~.~ p \)10 d-C'S- 185.~_- ---- 5 l:Jn It: '" C:. '" 70 '... <:> Q <:> '" <?: <:> .... <\j <0 ... -, \\ 1-1 \ \ ~ \\ 92 IC ~\ \ 1\ \ ~\ <xi\ \ ~\ -\ \ ~\ \ ~\ \ ~\ \ I ~\I ~II II \ \ 1\ /85.00 " ''''~5''''O C.' I ___z SOJAM <- q, ~ (, ~' 105_35 r ./av:-e:- BOn!--i8.~':::=- -;40 I 33 .-- ~ j;!- 5 f r C:<9 \>< . ;;.\""i ~\:::; "'\i \.; 4C.B~6~'_-- C.8. ~ 54'40" E " () ~ Iv -.. ... '" "> , <:> '" :it ~ '- .. '" ~ IC ... -... f'oo.: 2 IC '" <0 Q ... '" .. ... <:) '" 01 ... -.. '" l\J ~ 0; 0) 't <..i ..j ... <:> ~I C:> "" .... 93 Q <:> '" "'lll c; ~ 1 6 1/~i'-O 13616 I 1 ;G_fl. -. C8. ~2f.26 ROAD NOB 1I04W {3000 Widel 80 L-C No. /596/ Wsh_ / Cerl. No. 7057 Subdivision of Lot 71 Shown on Plan 159613 Filed with Cert. of Title No. 6004 Registry District of Nantucket County Separate certificates of title mal. be issued for {and shown hereon as .l..JJ.u.JlZ_o/t('--<J1J.. -- -- ---- --------- By the Court. MA"".l,,,-h"-~, 2f:~ Form LeE-S-3. 8-71 Copy of part of plan -fikd/n- LAND REGISTRATION OFFICE - MARCH I~ /976- Scale of this plan 100 feet to an inch R.L. Woodbury, Engineer fOr Court ~ I\l. ~ ~ l! ,J :t A ~. ~...: ~ -lr' ~, . _0002(<3 103848 QUITCLAIM DEED We, CATHERINE R. SNOW and SfEPHEN L. SNOW, of 581 Bending Bough Drive, Webster, New York 14580 for consideration paid and in full consideration of One Million Four Hundred Thousand and 00/100 ($1,400,000.00) Dollars, grant to THOMAS FOLEY and LUCINDA FOLEY of 43 Pond Street, Essex, Massachusetts 01929, as joint tenants with right of survivorship, with QUITCLAIM COVENANTS, That certain parcel of vacant land, situated in the Town and County of Nantucket, Commonwealth of Massachusetts, now known and numbered as 87 Squam Road, and being more particularly bounded and described as follows: WFSfERLY Squam Road, one hundred eighty-five (185.00) feet; NORTHERLY by by Lot 70 as shown on plan hereinafter mentioned, measuring on the upland, about six hundred seventy- seven (677~) feet; EASTERLY the Atlantic Ocean; and SOUTHERLY by by Lot 93 on said plan, measuring on the upland, about seven hundred thirty (730~) feet. All of said boundaries, except the water lines, are determined by the Court to be located as shown upon Plan No. 15961-1, drawn by Schofield Brothers, Inc., dated March 3, 1976 and filed with Certificate of Title No. 7628 at the Nantucket Registry District for the Land Court. Said land is shown thereon as Lot 92. Said Lot 92 is conveyed subject to that certain Grant of Driveway and Utility Easement dated September 9, 2003, registered as Document No. 'D3<643 at the Nantucket Registry District for the Land Court. For title reference, see Certificate of Title No. 19,640 . .900270 103848 WITNESS our hands and seals this "~ay of September, 2003. NANTUCJ.-<ET r,:'~l::G DEEDS ~ 6 Nt-iNTUC~<ET ~ ((. ~.lOl.J Catherine R. Snow ._~lC~ ;;;~;~~D;'t;;~ 25F';'1 01 du;E?~ FEE t.6.384 . OD C; AE:H $.:5.384 .. 00 County of m 0 () ro-G- , ss. ST ATE OF NEW YORK September L 2003 Then personally appeared the above-named Catherine R. Snow and acknowledged the foregoing instrument to be her free act and deed, before me, County of m &Yl,.-t-& , ss. ""Y~ (~~ Notary Public . L.' : ~ ; MYCommiSsionExpires:<t>/~F7_', \::.~ :'",''' MARtAC.GAl..IJ~.Sl~!:'I~' t~)" \,~; Notary Public. State of ,New York -- . Qualified in MQnr~ c~..'..., ~..~ I Sf ATE OF NEW YORK My COmmisSion Expires~' J l ) '- ."",'" -....:. (;.)./ September L 2003 . ."':.: ~ .... ":~<'>':: ,'i ... t', , . Then personally appeared the above-named Stephen L. Snow and acidiowledged . the foregoing instrument to be his free act and deed, before me, .," ~. -. , ~LANDBANK \ CERT1RCATE .~$~/OOO- :O~ ~~"~efO': ~.. . . ' ~. . .::: ~(~ Notary Public / ) My Commission Expires: " 12-. /) 7: MAR'AC.~lIt .".,-;':'.:' ... Nof;efyPubllc. St8teof~. '::.,:.! '. ...": Quanftedln~. ,'...,.'..,.. ..,....: ". .....=,,;;.,-~~ -..' -, lIfty..................,... .' .'. '.....! ,,' ~:'-i .. '" ("'l f..~.. ".' . .. ....; "'.', ,. f:. : . . . ~ .<'!.! .' . ".', n I ,r,j ,.. ..'~;.:'<::~'.~., 5~.~..~'~:' . '..,. 1 !I '\ f ,:' r t" . ;,~ ',. . '. ., . TRANSFER CERTIFICATE OF TITLE Cert. No. 20872 Docu. No. 103848 From TRANSFER Certificate No. 19640 Originally Registered September 29,2000 for the Registry District of Nantucket County, THIS IS TO CERTIFY that THOMAS FOLEY and LUCINDA FOLEY, of 43 Pond Street, Essex in the County of Essex and Commonwealth of Massachusetts 01929 are the owner(s) in fee simple as joint tenants with right of survivorship of that land situated in NANTUCKET in the County of Nantucket and Commonwealth of Massachusetts, bounded and described as follows: WESTERLY by Squam Road, one hundred eighty- five (185.00) feet; NORTHERLY by Lot 70 as shown on plan hereinafter mentioned, measuring on the upland. about six hundred seventy-seven (677+/-) feet; EASTERLY by the Atlantic Ocean; and SOUTHERL Y by Lot 93 on said plan, measuring on the upland, about seven hundred thirty (730+/-) feet. All of said boundaries, except the water lines, are determined by the Court to be located as shown upon plan numbered 15961-1, drawn by Schofield Brothers, Inc., dated March 3, 1976, and filed with Certificate of Title No, 7628 at the Registry District of Nantucket County. Said land is shown thereon as Lot 92. So much of the above described land as is included within the limits of said Squam Road is subject to the rights of all persons lawfully entitled thereto in and over the same. Lot 71 on Plan No. 15961-S, of which said Lot 92 is a subdivision, is subject to the restriction that only one (1) single family residential dwelling with attached or detached garage and attendant outbuildings rnay be constructed or maintained on said property for a period of sixty years from June 4, 1970, And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws, and that the title qf said THOMAS FOLEY and LUCINDA FOLEY to said land is registered under said chapter, subject, however, to any of the encumbrances mentioned in section forty-six of said chapter, which may be subsisting and subject as aforesaid; and to the memoranda of encumbrances for this certificate, Said lot is subject to any and all public rights legally existing in and over the sElme below mean high water mark in the Atlantic Ocean. WITNESS, KARYN F, SCHEIER, Esquire. Chief Justice of the Land Court, at Nantucket, in said County of Nantucket. The twelfth day of September in the year two thousand and three at 11 o'clock and 59 minutes in the forenoon. Attest, with the seal of said court, ~/J.~~ Jo ne L. Kelley, Assi nt Recorder Case # 15961 Purported Address of Property: 87 SQUAM ROAD CERTIFICATE OF TITLE 20872 Cert No: 20872 Memoranda of Encumbrances Book: 00000 Page: 0 . Document Number: 12551 Kind: EASEMENT In Favor Of: NANTUCKET GAS & ELECTRIC CO Date of Instr: April 10. 1971 Date of Reg: April 20, 1971 Time of Reg: 11 :00 AM Terms: UNDERGROUND CA8LE THROUGH LOT 71 (NOW LOTS 92 & 93) TO LOT 7( Signature: ~cp..~ 14657 Kind: EASEMENT In Favor Of: ROWE, FYNETTE F ROWE, CARL Date of Instr: June 08, 1973 Date of Reg: July 17, 1973 Time of Reg: 02:50 PM Terms: TO USE DIRT ROAD RUNING FROM SQUAM ROAD OVER LOT 71 TO LOT 7 Signature: ~cp..~ 74519 Kind: CONSRVTN RESTRCTN In Favor Of: NANTUCKET LAND COUNCIL INC Date of Instr: November 29, 1996 Date of Reg: December 30, 1996 Time of Reg: 02:55 PM Terms: RE: LOT 92 PL 15961-1, SEE DOC FOR LOCATION Signature: ~cp..~ 92249 Kind: WETLAND DETERMN In Favor Of: NANTUCKET TOWN CONSERVATION Date of Instr: March 14, 2001 Date of Reg: March 21, 2001 Time of Reg: 03:35 PM Terms: WORK DOES NOT REQUIRE NOTICE OF INTENT, TEST PITS CAN BE DUG Signature: ~ cp.. ~ 103843 Kind: EASEMENT In Favor Of: SNOW, CATHERINE R Date of Instr: September 09, 2003 Date of Reg: September 12, 2003 Time of Reg: 11 :59 AM Terms: EASEMENT OVER LOT 92 PL 15961-1 TO 8ENEFIT LOT 70 PL 15961-S Signature: ~cp..~ 103844 Kind: CERTIFICATE In Favor Of: SNOW, CATHERINE R .,---- Date of Instr: September 05, 2003 Date of Reg: September 12, 2003 Time of Reg: 11 :59 AM Terms: LOT 92 IS IN COMPLIANCE WITH RESTRICTIONS IN DOC 74519 Signature: ~cp..~ Page 1 of 3 . Cert No: 20872 Memoranda of Encumbrances Book: 00000 Page: 0 Document Number: 103845 Kind: RELEASE In Favor Of: SNOW, CATHERINE R Date of Instr: September 09, 2003 Date of Reg: September 12, 2003 Time of Reg: 11 :59 AM Terms: PARTIAL RELEASE OF RESTRICTIONS RE: RELEASE OF ANY RIGHTS IN A Signature: ~qf..~ 103846 Kind: ORDER OF CONDITNS In Favor Of: NANTUCKET TOWN CONSERVATION Date of Instr: August 22. 2003 Date of Reg: September 12, 2003 Time of Reg: 11 :59 AM Terms:DEP FILE NO_ SE48-1641 Signature: ~qf..~ 103847 Kind: CERT OF MUN LIEN In Favor Of: NANTUCKET TOWN Date of Instr: September 12, 2003 Date of Reg: September 12, 2003 Time of Reg: 11 :59 AM Terms: Signature: ~qf..~ 107233 Kind: ORDER OF CONDITNS In Favor Of: NANTUCKET TOWN CONSERVATION Date of Instr: March 26, 2004 Date of Reg: May 10, 2004 Time of Reg: 09:40 AM Terms: DEP FILE NO_ SE48-1687 Signature: ~qf..~ 108064 Kind: ORDER OF CONDITNS In Favor Of: NANTUCKET TOWN CONSERVATION Date of Instr: July 02, 2004 Date of Reg: July 08, 2004 Time of Reg: 11:10 AM Terms: DEP FILE NO. SE48-1726 Signature: ~qf..~ 109442 Kind: CERT OF MUN LIEN In Favor Of: NANTUCKET TOWN Date of Instr: September 15, 2004 Date of Reg: October 21, 2004 Time of Reg: 11:40 AM Terms: Signature: ~qf..~ Page 2 of 3 .. Cert No: 20872 Memoranda of Encumbrances Book: 00000 Page: 0 Document Number: 109443 Kind: MORTGAGE In Favor Of: 8ANK OF AMERICA N A DIS BY 114168 Date of Instr: October 06, 2004 Date of Reg: October 21,2004 Time of Reg: 11:40 AM Terms: $310,000.00 Signature: ~qr..~ 109851 Kind: AMENDMENT In Favor Of: NANTUCKET TOWN CONSERVATION Date of Instr: November 19, 2004 Date of Reg: November 24.2004 Time of Reg: 11:20 AM Terms: RE: DOC 108064 Signature: ~ qr.. ~ 111841 Kind: AMENDMENT In Favor Of: NANTUCKET TOWN CONSERVATION Date of Instr: April 08, 2005 Date of Reg: May 16, 2005 Time of Reg: 11:50AM Terms: RE: DOC 108064 Signature: ~qr..~ 114168 Kind: DISCHARGE In Favor Of: FOLEY, THOMAS FOLEY, LUCINDA DIS OF DOC 109443 Date of Instr: November 10, 2005 Date of Reg: November 14, 2005 Time of Reg: 02:29 PM Terms: Signature: ~ qr.. ~ 119003 Kind: COMPLIANCE CERT In Favor Of: FOLEY, THOMAS FOLEY, LUCINDA Date of Instr: January 10, 2007 Date of Reg: January 16, 2007 Time of Reg: 09:16 AM Terms: re: Doc 111841, with ongoing conditions Signature: ~qr..~ End of Document_End of Document_End of Document Page 3 of 3 @\r"'''~ JCI::.t: I David A. Holmes and Katherine A. Holmes 15 Saddle Ridge Road Hohokus, NJ 07423 Thomas C. Succop Jo Ann Succop 711 Devonshire Street Pittsburgh, PA 15213-2905 17~~ZO VW 'l~npllltmN n xog 'O'd uO!l~Puno~ 'SUO;) l::npnltmN 89LtO HN ':;)wA'l 99Z xog 'O'd hqO~ 'W P!A~a o/'J S:;)l~possV unmbs @09tS JOJ ateldwat asn Catherine R. Snow 403 Red Fern Trail Simpsonville, SC 29681 River Light IX, LLC 685 Kromer Avenue Berwyn, PA 19312 Z1t61 Vd 'uAMl:;)g :;)nU:;)A V l:;)UIO.l)l ~89 :J'l'l 'XI l~n l:;)AnI 1896Z :JS ':;)lUAuosdUI!S n~l~ w:;)~ P:;)~ t017 M.OUS '11 :;)u!.mql~:J :)ICI"It: I ':)':)C1JI-'PV @AfJ::IAV . Squam Associates c/o David M. Roby P.O. Box 266 Lyme, NH 03768 Nantucket Cons. Foundation P.O. Box 13 Nantucket, MA 02554 ~06Z-0Z~1 Vd '~lnqsn!d l:;):;).IlS :;)l!qSUOA:;)Q llL dO'J'Jns UUV of dO'J'Jns 'J Slnuoq.L tZ17LO fN'Sn){oqoH p~oll :;)gPffi :;)IPP~S ~ 1 S::luqoH 'V ::lu!l::lql~)I ptm S::lUIIOH 'V P!A~Q w~SlaaLlS paa.:l LllOOWS ~ .. --.--. . 5,00 BoA Form 2-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 80/~;~;_~'j F-E' E1 c: lJ L_ ASSESSOR'S LIST OF PARTIES IN INTEREST ADDRESS OF PROPERTY: ;I#JMII$ J- Ll/c / /f/;)A- fi;t ~ y . APPLICANT FOR RELIEF (SAME? ~): gr- SQ () AM /3 PROPERTY OWNER: !<.f)/ AI A;1C./77/CjcL/ C04, / * ASSESSOR'S MAP - PARCEL: * LIST OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED~): I certify that the foregoing (or the attached _) lists all persons, natural or legal, who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within three hundred feet of the ~roperty line of Owner's property, as they (and their address) appear on the most recent applicable tax list [per M.G.L. c.40A, ~ll and Zoning Code cr;_~/~.er 139, U39-29D(2) ] . // , .. /I. ;7/ ,. Ia~' .;tb/ 20tJ! L~~~~c~ ~~ Town of Nantucket *NOTE: Applicant (Petitioner) should include with the lot for which zoning relief is sought, any commonly-owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. bY~~~~(~ P__or Submitted Date: Client: .;.ah 1r:f"'\DU<:! 11.._-.. M Q) " 01 ~ '" 0 '" ... '-' ~ ~ ~ ~ ~ ~ .. " 0 '" ~ ~ ~ ~ ~ ~ g M .. ggg~gg:: " " l) M M .. r-t0'l1lt0lC"'l .. C7\ (I) Q) tI) CO '" '" "' "' 0 0 '" '" '" '" , , '" ... .., .... '" .., .., '" '" '" .... .... .... "' '" ... ... '" '" '" .., "' ,~ '" '" .., "' "' '" '" .. 0 .... 0 M M M 0 Eo< ~ t) i 0< ...: ...: ~ Ol Ol .. .. '" 5 5 Eo< '" H Ol ~ ~ ~ ~ S e Ol Ol Ol ~ >- g ~ ~ f: f: '" '-' .~ 0 H ~ :;: :: = t) :c Ol '" .. .. .. " '<l '<l 0< t>l " ... M ... ~ ~ ~~ 00 H , ..:lE-l IZ1 ooto<: U ~ Eo< Eo< ~'" fifi : ~ Ol Ol 8 Eo< ~ ~ ~ ~ = 'D i:i ; ~ ~ .. ... ~ ~ ~ ::: .. Q Q '" l:; l:; 0 : ~i:lMQQflM ... tI) ~ IQ :g U"I~o::::::~o 0< .-I... P4 r-- r-- \D ~ .. ~ l< .. . " j :0: Q ~ Q >- '" o '" o ..... t) o t) 0< Ol Ol '" '" Eo< Eo< I ~ g g t: <II <II :s ~ <II '" Ol '" '" IlO t) t) IlO 0< ~ !( a i ~ ~ ! ~i~~~~t) ~ ~(j~...."'B "I':l :o:o8"'g j ~S~~gg~ ~ H '" ~ ~ ~ '-' ... g '" .., '-' o '" a.:I ('II M .... .... U"I \0 t""l '" ::! :::::::::::::::::: = /// // /' /' ~ o ... '" ... '" ./ /' o o coo "- \0 coo