HomeMy WebLinkAbout069-07
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: August ~
,2007
To: Parties in Interest and. Others concerned with the Decision of
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the BOARD OF APPEALS in the Application of the following: --.J
Application No. :
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Owner/Applicant: KENT J. MURPHY AND LINDA J. MURPHY, TRUSTEES
18 AMELIA DRIVE NOMINEE TRUST ~
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069-07
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Enclosed is the Decision of the BOARD OF APPEALS which ha~this
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.
elL
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.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 67
Parcel 440
RC-2
18 Amelia Drive
Plan File 30-D, Lot 11
Deed Ref. 777/275
At a Public Hearing of the Nantucket Zoning Board of Appeals held at 12:00
P.M., Friday, July 13, 2007, in the Conference Room, 2 Fairgrounds Road, Nantucket,
Massachusetts, on the Application of Kent J. Murphy and Linda J. Murphy, Trustees
-18 Amelia Drive Nominee Trust, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post
Office Box 2669, Nantucket, Massachusetts 02584, Board of Appeals File No. 069-07,
the Board made the following Decision:
1. The Applicants are seeking relief by SPECIAL PERMIT pursuant to Nantucket
Zoning By-law Section 139-9B(2)(a),(b) and (c) (light manufacturing; storage and
warehousing of goods, materials and equipment; and fabrication and assembly of
component parts for off-site construction or use) in order to convert the rear
storage/warehousing bays to commercial shop space. Applicants are also seeking relief
by SPECIAL PERMIT pursuant Zoning By-law Section 139-18 (Parking requirements)
to waive three on-site parking spaces. The Applicants propose to provide 12 of the
required 15 on-site conforming parking spaces, related to the two existing second floor
apartments, first floor retail shop and conversion of the currently noncommercial four
storage/warehousing bays to commercial use. Applicants can provide a conforming
loading zone space with ten exterior parking spaces. However, if the Board feels that
provision of twelve parking spaces is more desired, then SPECIAL PERMIT relief
pursuant to Zoning By-law Section 139-20 to waive the loading zone is sought. The lot
and structure otherwise conform to all other dimensional zoning requirements.
The Premises is located at 18 AMELIA DRIVE, Assessor's Map 67, Parcel 440,
Plan File 30-D, Lot 11. The property is zoned Residential~Commercial-2.
2. The Decision is based upon the Application and materials submitted with it and
testimony and evidence presented at the hearing. The Planning Board made no
recommendation as the matter was not of planning concern. There were no letters from
abutters on file. Other than the supportive presentation made by the Applicants'
representative, there was no opposition expressed at the public hearing. On file was a
letter dated July 12, 2007 from Robert Gardner, General Manager of the Wannacomet
Water Company, stating that he had reviewed the proposal and found that the project met
the requirements of Zoning By-law Section 139-12 and further that he issued a
"Certificate of Water Quality Compliance", further stating that the "proposed change in
use [would] not have a negative impact on ground water quality".
3. Applicants, through counsel, represented that in 2002 the current owners
purchased the land with the approved plans and building permit obtained by the previous
owner without realizing that the mixed-use commercial/residential structure had not
specifically been approved for commercial contractor's shop space. Applicants
constructed the existing building, received Certificate of Occupancy 2004-0269 and have
rented the front commercial space as a retail/office space and operated the contractor's
shop from the rear first floor area with at times multiple commercial tenants in the four
bays, with two apartments on the second floor. Unbeknownst to the Applicants when they
purchased the structure, the commercial garage-style bays were originally designated for
residential storage and boat storage, uses allowed as a matter of right without relief from
this Board. Applicants were further confused about whether the commercial uses were
allowed under the original building permit after a recent review of the Building
Department file as the use of the rear portion of the structure was not specifically called
out on the application. When the Applicants later learned, when the property was offered
for sale, that special permit was required to validate and continue using the existing
commercial shop space as stated, (retail/office being allowed as a matter of right without
relief from this Board), Applicants applied for such relief, which included relief to
regularize the parking and loading zone area. Applicants stated that, under the relief
applied for, a maximum of two commercial tenants would be operating from the first
floor commercial space and thus the impact would be less than the current four to five
separate commercial users, thereby reducing the number of people and vehicles accessing
the site related to the commercial use. Applicants also noted that a majority of the other
lots on Amelia Drive are either strictly commercial use or mixed commercial/residential
uses similar to the Applicants' proposal and that the property is situated in the
Residential-Commercial-2 mid-Island area.
Applicants' change of use also requires a re-examination and compliance with the
parking and loading zone requirements. If the relief for the above uses had been applied
for at the time the building was built and occupied in 2002 - 2004, the parking
requirement for the current uses would have been ten spaces plus one loading zone, and
the locus would have been in compliance. However, due to subsequent changes in the
Nantucket Zoning By-law related to the parking requirements for duplex units, the
residential portion of the building now requires seven parking spaces (l/bedroom) rather
than two (l/dwelling unit), even though there is no actual change in the number of
dwellings or bedrooms. The uses were exempt from the new parking requirements.
However, when the Applicants applied to change the use through this Application, the
new parking requirements had to be applied and the change in use as if newly
constructed. Applicants assert that a grant of relief from the off-street parking
requirements of Zoning By-law Section 139-18 and the off-street loading zone
requirements of Zoning By-law Section 139-20, to the extent necessary, would be
appropriate. If used as proposed, the Zoning By-law applicable to the Premise would
require a minimum of fifteen parking spaces, including one handicapped space, and a
loading zone. As the uses require fifteen parking spaces, State Law 521 CMR 23.00
related to handicap parking space provision is triggered and one of the spaces has to be a
larger van accessible space with a stripped access lane, taking up two 9' x 20' parking
spaces.
However, Applicants state that it is physically impossible to provide the required
parking and loading zone spaces within the existing parking area due to the size and
shape of the existing building and the lot. Therefore, Applicants seek either a waiver of
five of the fifteen parking spaces in order to provide the loading zone, or a waiver of the
loading zone and three of the fifteen parking spaces. Applicants state that granting this
request would not have an adverse or detrimental effect on the neighborhood and would
not be contrary to sound traffic and safety considerations. Applicants also note that a
more intense situation has existed from the time of construction to the present without
complaint or problems and a reduction to two commercial tenants would drastically
lessen the intensity of use on the property. Applicants argue that the inability to provide
both the required parking and loading zone spaces was due to a technical change to the
parking requirements of the Zoning By-law after the time the structure was built and not
due to the any material change to the uses or expansion of the structure. Had the
Applicants officially changed the use of the structure prior to the alteration of the Zoning
By-law the property would have fully complied.
4. Therefore, based upon the foregoing, the Board finds that a grant of special permit
relief for the proposed uses of the rear first floor portion of the structure for light
manufacturing, interior storage and warehousing of commercial materials and equipment,
and fabrication and assembly of component parts for off-site construction or use, in
conjunction with use as a contractor's shop allowed under Nantucket Zoning By-law
Sections 139-9B (2)(a), (b) and (c), would be in harmony with the general purpose and
intent of the Zoning By-law and consistent with similar commercial uses in the
immediate neighborhood. Additionally, the Board finds that the uses sought by the
Applicant would not inherently be in violation of Zoning By-law Section 139-7E(4) of
the Zoning By-law as a result of the conditions imposed below. In addition, the Board
finds that the conversion of the use from "boat storage" to commercial shop space
increased the parking requirement and as a result of the siting of the existing structure full
compliance with the parking and loading zone requirements would be physically
impossible to provide entirely on site, and a waiver of the parking and loading zone
requirements to the extent necessary, would be in harmony with the general purpose and
intent of the Zoning By-law and would not be contrary to sound traffic and safety
considerations. In reality, the use of the property has been consistent for several years
without incident and the relief herein granted pursuant to the conditions imposed below,
would actually de<;rease the intensity of use on the property, even though there was an
increase in the parking requirement. The Board further notes that provision of parking in
lieu of the required loading zone space was preferable. The Board also finds that Amelia
Drive is substantially developed in a similar manner as the Premises, with mixed-use
residential-commercial buildings of similar size. The Board further finds that there
would be a significant benefit to the public good with the reduction of the current number
of commercial tenants in the building to two commercial tenants. The Board finds that
there would be a significant benefit with the addition of a van accessible handicapped
parking space for the retail/office space.
5. Accordingly, by vote of a four in favor (Waine, Koseatac, Wiley, Botticelli) and
one opposed (Tupper), the Board GRANTS the requested relief by SPECIAL PERMIT
pursuant to the following Nantucket Zoning By-law sections:
(a) Nantucket Zoning By-law Section 139-9B(2)(a), (b) and (c), to validate
and expand the commercial use of the rear commercial shop space, as
proposed to encompass the areas of the first floor of the structure
designated as "proposed shop," as shown on the Site Plan of Land, done
by Weller and Associates, dated July 2,2007 and revised on July 19,
2007, a reduced copy of which is attached hereto as Exhibit A, to be used
for light manufacturing, storage and warehousing of commercial materials
and equipment, and fabrication and assembly of component parts for off-
site construction or use, while maintaining the two second floor dwelling
units and retail/office space in the front of the structure;
(b) Nantucket Zoning By-law Section 139-18 to waive three of the required
15 parking spaces; and
(c) Nantucket Zoning By-law Section 139-20 to waive the required loading
zone in favor of provision of more of the required parking spaces on site.
6. The above granted Special Permit relief is hereby conditioned upon the following:
(a) The parking areas and screening shall be maintained in substantial
conformance with Exhibit A;
(b) The basement shall be restricted to residential use and storage;
( c) There shall be a maximum of two separate commercial tenants operating
on the first floor of the structure, without further relief from this Board,
which space is inclusive of the rear commercial shop area and the front
retail/office space;
(d) There shall be no more than a total of seven bedrooms on the property
contained within the two residential apartments (one three-bedroom unit
and one four-bedroom unit), without further relief from this Board;
(e) There shall be no outside storage of goods and/or materials associated
with the commercial uses, without further relief from this Board;
(f) The hours of operation of the rear commercial shop sections shall be
limited to no earlier than 7:30 A.M. and no later than 7:00 P.M., Monday
through Saturday, with no commercial manufacturing or fabrication
activities on Sundays; and
(g) When heavy power equipment is being operated in the rear commercial
shop section of the structure, all exterior doors and windows in that shop
area shall be closed, and all use of heavy power equipment shall cease by
6:00 PM.
7. In separate action, the Board by UNANIMOUS vote, approves Exhibit A as the
site plan as reqnired under Nantucket Zoning BY-la~.. ion 139-23. ). c-
Dated: August;2., 2007 '. (t 'Hfv\Q
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public aearing of the NANTUCKET ZONING BOARD OF APPEALS win be held at 12:00
P.M.. FRIDAY. JULY 13.2007. in the Conference Room, 2 FAIRGROUNDS ROAD, Nantucket,
MA, on the Application of the following:
KENT J. MURPHY AND LINDA J. MURPHY~ TRUSTEES OF 18 AMELIA DRIVE
NOMINEE TRUST
BOARD OF APPEALS FILE NO. 069-07
The Applicants are seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-
law Section 139-9B(2)(a),(b) and (c) (light manufacturing; storage and warehousing of goods,
materials and equipment; and fabrication and assembly of component parts for off-site construction
or use) in order to convert the rear storage/warehousing bays to commercial shop space. Applicants
are also seeking reliefby SPECIAL PERMIT pursuant Zoning By'"taw Section 139-18 (Parking
requirements) to waive two on-site parking spaces. The Applicants propose to provide 13 of the
required 15 on-site conforming parking spaces, related to the two existing second floor apartments,
first floor retail shop and conversion of the currently noncommercial four storage/warehousing bays
to commercial use for up to four separate tenants. Applicants can provide a conforming loading zone
space in place of the two required parking spaces. However, if the Board feels that provision of the
two parkIng spaces is more desired, then SPECIAL PERMIT relief pursuant to Zoning By..;law
Section 139-20 to waive the loading zone is sought. The lot and structure otherwise conform to all
other dimensional zoning requirements.
The Premises is located at 18 AMELIA DRIVE, Assessor's Map 67, Parcel 440, Plan File
30-D, Lot 11. The property is zoned Residential-Commercial-2.
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Nancy 1. Sevrens hairman
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, MASSACHUSETTS 02554
APPLICATION FOR RELIEF
CASE NO(;l..r:11cJ2
FEE: $300.00
Owner's name(s):_ Kent J. Murphy and Linda J. Murphy, Trustees - 18 Amelia Drive N. T.
Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP
Applicant's name(s): Same
Mailing address: 6 Youn2's Way, Post Office Box 2669, Nantucket, Massachusetts 02584
Locus address:
18 Amelia Drive
Assessor's Map/Parcel: 67-440
Record for Lot: Plan File P{lan File 30-D Lot No.: 11
Date lot acquired: 9/30/02 Deed: 777-275 Zoning District: RC-2
Uses on Lot - Commercial: Office, stora2e, fabrication, and manufacturin2
Residential: 2 apartments
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Building Date(s): All pre-date 7/72? no
Building Permit Nos: 2002-1697
Previous Zoning Board Application Nos. : no
C of O(s)? 2004-0269
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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 addendum.
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pains and penalties of perju y.
SIGNATURE: Applicant Attorney/Agent x
(If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board)
FORjZ",*,O.I.WICE USE ( j A 0 0 ~
Application received on: -.fw fi{./([1 By: lJ.J )}J.J Complete: N eed cop~ ~
Filed with Town Clerk: C2i2J?i:Jl Plarmln.g ~oard:_/-=-r---BYililjng Dept.: / / ~:~
Fee deposited with Town Treasurer: (Q/2.&1P1 By: ~aiver requested?:_Granted:_/_/_
Hearing notice posted with Town Clerk:iQ;~6) Mailed:&Jl2;~ I&M:LQ.J~ & ~/ff-.d2
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
ADDENDUM TO APPLICATION OF MURPHY FOR 18 AMELIA DRIVE
Proposal:
The lot known as 18 Amelia Drive is 12,954 +/- in a district
requiring a minimum of 5,000 SF. The lot is improved with a
mixed use building containing 872 +/- SF of mercantile (retail)
space in the front on the first floor and four currently
noncommercial storage spaces totaling 2,881 + / - SF in the rear
of the first floor. There are two apartments on the second
floor, one with three bedrooms and one with four bedrooms.
The Applicants propose to convert the rear units to commercial
use as four separate commercial shop spaces, each potentially
for use by a separate commercial user, as would be allowed of
right in this district, but with the additional relief of the
permitted uses requested below. Applicants note that the rear
commercial space would continue to not be used ancillary to the
retail space or the separate residential use on the second
floor.
Relief Requested:
The Applicants request Special Permit relief pursuant to
Nantucket Zoning By-law ~139-9.B(2) (a), (b) and (c) for light
manufacturing; storage and warehousing of goods, materials and
equipment; and fabrication and assembly of component parts for
off-site construction or use, respectively. Applicants note
that such mixed commercial-residential uses are common in the
area and would not be a detriment or out of character with the
heavily developed commercial district.
The Applicants also request Special Permit relief pursuant to
Nantucket Zoning By-law ~139-18 for relief from the off-street
parking requirements. The Applicants propose to provide 13 of
the required 15 on-site conforming parking spaces. Thus,
Applicants seek a waiver of two parking spaces. Applicants can
provide a conforming loading zone space in place of the two
parking spaces, as shown on the attached site plan. However, if
the Board determines that provision of the two parking spaces is
more desired, then Special Permit relief to waive the loading
zone is sought pursuant to Zoning By-law ~139-20. Applicants
note that the building is existing and that the parking and
loading zone waivers requested are related to the change in use
sought herein. Due to the existing building and lot
configuration, it is not possible or practical to provide 15
parking spaces and a loading zone for this lot, and the granting
of relief regarding two parking spaces and/or the loading zone
would not be adverse to the general purpose or intent of the
Zoning By-law or detrimental to the neighborhood.
The lot and structure otherwise conform to all other dimensional
zoning requirements.
Town of Nantucket Web GIS - Printable Map
Page I of2
Town of Nantucket Web GIS
Prop ID
Address
Owner
Sale Date
Sale Price
Book/Page
Lot Size
67 440
18 AMELIA DR
MURPHY KENT J & LINDA
J TRS
18 AMELIA DR NOMINEE
TRUST
41 ESSEX ROAD
NANTUCKET, MA 2554
09/30/2002
$382,500
00777/0275
0.29 acres
NOT A LEGAL DOCUMENT
C)
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Disc!<lJ.rner 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
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Town of Nantucket, Mass
Map Composed
http://host.appgeo.comlnantucketma/PrintableMap.aspx?Preserve=Width&Map Width= 172... 6/27/2007
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Prop ID
Address
Owner
Sale Date
Sale Price
Book/Page
Lot Size
Town of Nantucket Web GIS
67 440
18 AMELIA DR
MURPHY KENT] & LINDA
] TRS
18 AMELIA DR NOMINEE
TRUST
41 ESSEX ROAD
NANTUCKET, MA 2554
09/30/2002
$382,500
00777/0275
0.29 acres
.
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
l2Ls_cJ<limer 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
~p()f1r~nhir Tnf"rm~tinn ~\Il::tpm r(:;;rc;, rl.:=lt::.h.:=lC:;,:r.
~. 5 J'V
~~
Town of Nantucket, Mass
Map Composed
http://host.appgeo.comlnantucketma/PrintableMap.aspx?Preserve=Width&Map Width= 172... 6/2712007
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MIN. AREA: , , (5, oqo . ,s..F. .
MIN. FRONT AGE: .49. ,FT'. .
FRONT YARD S,8,: ,;;;q . IT.. -
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ONLY ORIGINALLY STAMPED ANO
ENDORSED COPIES OF THIS PLAN
SHAlL BE ACKNOWLEDGED BY
THE CERnFYING- LAND SURVEYOR,
DRIVE
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I CERTIFY. AS OF : , . G" ~ '::;,' .q~ , THAT
THE BUILOINGISI 151 ARE LOCI, TED ON THE
GROUNO AS SHOWN HEREON,
~it'" ~tl'-lQQ
PROFESSIONAL LAND SURVEYOR
THIS PLOT PLAN WAS PREPARED FOR THE TOWN
OF N^NTUCKET BUILDING DEP^RTMENT ONL Y AND
SHOULD NOT 8E CONSIDERED A PROPERTY LINE
SURVEY, THIS PLAN SHOULD NOT 8E USED TO
ESTABLISH PROPERTY LINES. FENCES, HEDGES OR
^NY ^NCILLARY STRUCTURES ON THE PREMISES,
THE PROPERTY LINES SHOWN !lEL Y ON CURRENT
DEEDS ^ND Pl^NS OF RECORD.
THIS PLOT Pl^N IS NOT A CERTlFIC^TION ^S TO
TITLE OR OWNERSHIP OF THE PROPERTY -SHOWN.
OWNERS OF ADJOINING PROPERTIES ^RE SHOWN
ACCORDING TO CURRENT ^SSESOR RECORDS,
ASSESSOR MAP: ,~7, . PARCEL: :419,
:\JuaS\H8\8LP
BUILDING LOCATION PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: 1", 2.0' DATE: J1JNE 9,2004
Owner: ,EJ{-0,N, ,091;lJf., .!?pl..L.T!: ,T/<;Lf~T
LOT ,(
Deed: .B.K: ~?? .~: 1$9 Plen: fi.l..~. ~9:l:? ,
Locus: 7 rfl . A/.1,f<..L!P:-. I:?~/'(~ . . , .
BLACKWELL a.nd ASSOCIATES, Inc.
Professional La.nd Su.ruey07's
20 TEASDALE CIRCLE
NANTUCKE~ ~SS. 02554
(508) 228-9026 BGo83
NOT TO BE RECORDED
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DRIVEWAY
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Town of Nantucket
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATIER OF THE PETITION OF:
PROPERTYOWNER..f/~.'1:D~..?lI~.jlrS
MAILING ADDRESS...................................................................................
PROPERTYLOCATION......./.?....~..~~.......
ASSESSOR MAP/P ARCEL............... .0.. 2. .~.~(.'!..q...................................
APPLlCAm:........./(~....2n~............
SEE A TI ACHED PAGES
I certify that the foregoing is a list of persons 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 300 feet of the property line of owner's property, all as they appear on the
most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 40A
Section 139-29B (2)
"7nf-;Act ,2tJt77
DATE I
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A.SSESSOR'S ~E ..
Town of Nantucket
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