HomeMy WebLinkAbout007-05
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date, KJoV'tfOJ' / (7, 2005--
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Owner/Applicant:
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ZCS(QMr1_ BU75/~3 ~JitJ-
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Application No.:
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Enclosed is the Decision of the BOARD OF APPEALS which hct~
this day been filed in the office of the Nantucket Town '0
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 ~ecision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
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 9139-301 (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 68, Parcel 8
41 Old South Road
Residential Commercial-2
Plan File 56-A
Lot 6
Deed, Book 669, Page 204
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, commenced on Friday, January 7, 2005, at 1:00 P.M., and
continued to and concluded on Friday, February 11, 2005, at 1:00
P. M., in the Conference Room, in the Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, the Board made the
following decision on the application of ISLAND BUGGIES AUTO-
RENTAL, LLC, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post
Office Box 2669, Nantucket, Massachusetts 02584, File No. 007-04:
2. The applicant is seeking a MODIFICATION of SPECIAL
PERMIT relief and the approved site plan granted in the decision
in Board of Appeals File No. 031-04, which allowed a vehicle
rental business to be operated on the locus, pursuant to
Nantucket Zoning By-law ~139-9.B(2) (1). The applicant is asking
to expand the size of the proposed conforming office structure in
order to include a second-floor apartment. The structure would
enclose three of the proposed parking spaces, one for the
approximately 252 square feet of office space, and two for the
apartment, as required under Zoning By-law ~139-l8.D in the RC-2
zoning district. All dimensional and parking requirements of the
Zoning By-law would continue to be met. The three spaces to be
dedicated for customer parking as required by the decision in
File No. 031-04 would continue to be maintained outdoors, as well
as the area for parking of rental vehicles. The locus is
si tuated at 41 OLD SOUTH ROAD, Assessor's Map 68, Parcel 8, is
shown upon a plan recorded with Nantucket Deeds in Plan File 56-A
as Lot 6, and is situated in a Residential Commercial-2 zoning
district.
3. 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 the proposal presented no
issues of planning concern. Except for the presentation of the
applicant's principal and legal representative, there was no
support nor opposition presented at the public hearing.
4. Applicant, through counsel, represented that the Board
of Appeals, in File No. 031-04, granted a Special Permit to allow
the use of the locus for the auto rental of antique cars, an
1
exception use allowed by Special Permit in the Residential-
Commercial-2 district. In its decision, the Board required that,
in addition to one parking space required for the office space of
252 square feet, the applicant would be required to provide three
parking spaces for use by customers and business invi tees upon
the locus. The site plan incorporated into the decision as
Exhibit A showed a total of 12 parking spaces, of which one was
for the office use, three were for customer use, and eight were
for the rental cars. The applicant has since decided to provide
an apartment upon the locus, and to place it over a three-car
garage which would house three of the required parking spaces;
the addition of the residential unit, in the RC-2 district,
requires two additional parking spaces. Meanwhile,
representatives of the applicant and members of the Board have
noted that the parking area for the rental cars is a primary use,
rather than ancillary parking, and therefore the proposed parking
spaces for the display of the rental vehicles need not conform to
any dimensional parking requirements. In fact, the applicant
proposes to rent classic antique automobiles, and the dimensions
of these vehicles are smaller than those of most modern cars.
Accordingly, the applicant has shown a new parking layout which
designates an area for parking the rental cars, with typical
parking space dimensions considerably smaller than the 9' x 20'
dimensions required for ancillary parking under the Zoning By-
law. In response to concern expressed by members of the Board as
to the provision of adequate entrance and driveway dimensions to
serve the ancillary parking spaces required by the Zoning By-law
and the decision of the Board, the applicant provided a revised
site plan which showed compliance with these requirements, being
a plan done by Blackwell & Associates, Inc., dated February 1,
2005, which is attached hereto as Exhibit A-l (the "Exhibit A-l
Plan") .
5. Applicant represented that the provision of a dwelling
uni t upon the locus is a permitted use without necessitating
relief by this Board, and would enable better security and
management of the business use upon the site. All of the
required parking is provided on site. It is to be noted that
there was neighborhood concern at the time of earlier hearings
relating to this project, and neither opposition nor concerns
have been expressed by anyone at this hearing, in any manner, in
connection with the present application.
6. Therefore, by a vote of four members in favor (Sevrens,
Loftin, Waine and Wiley) and one opposed (Toole), the Board of
Appeals made the finding that the proposed MODIFICATION of the
SPECIAL PERMIT to substitute a new site plan as requested would
be in harmony with the general purpose and intent of the Zoning
By-law, and accordingly by the same vote of four members in favor
(Sevrens, Loftin, Waine and Wiley) and one opposed (Toole), voted
2
to approve the MODIFICATION of the SPECIAL PERMIT as requested.
All conditions set forth in the decision in File No. 031-04 are
incorporated below and shall be and remain in full force and
effect, with the appropriate modifications to reflect the new
site plan and addition of the apartment parking:
(a) The proj ect shall be constructed and operated in
conformity with the Exhibit A-1 Plan, which is hereby adopted in
replacement of the Exhibit A plan as attached to the decision in
File No. 031-04; and
(b) No more than eight rental vehicles may be parked
upon the Locus at anyone time;
(c)
space for
additional
customers
designated
In addition to the required conforming parking
the office use and two for the apartment, three
conforming spaces shall be provided for use by
and visitors to the Locus, and be specifically
for such purposes;
(d) A sign shall be placed upon the gate to the
enclosed portion of the Locus, stating that parking on Anchor
Village property is not permitted for visitors or customers of
the automobile rental operations;
(e) The gate to the enclosed portion of the Locus
shall be kept open until sunset during periods when the rental
car business is in operation;
(f) The relief granted by this decision is specific to
the operation of the rental car business by the Contract
Purchaser; in the event of any change in ownership of the
business or the nature of the business, a new application for
relief to the Special Permit Granting Authority would be
necessary;
(g) The rental of antique automobiles shall be the
only business conducted upon the Locus pursuant to the Special
Permit granted hereby;
(h) All lighting shall be directed downward, and no
floodlights shall be used; and
(i) The hours of operation shall be no earlier than
9:00 AM and no later than 6:00 PM, for a maximum of seven days a
week.
3
~
8. In separate action, the Board, by the same majority of
four members in favor and one opposed, voted to approve the new
site plan, attached at Exhibit A-1, as required under Zoning By-
law ~139-23.
Dated: February~, 2005
4
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CURRENT ZONING CLASSIFICATION:
" ' Residential Commercial (RC-2)
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MINIMUM LOT SIZE: 5000 S.F.
MINIMUM FRONTAGE: 40 FT.
FRONT YARD SETBACK: 20 FT.
REAR/SIDE SETBACK: 5 FT.
GROUND COVER %: 50%
.~.. PROPOSED GREENSPACE= 1,184:t: SF, 21 % :l:
::::-:~.>>,LOT AREA=5.563:l: SF
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N/F
ALEXANDER RAY &
DIANE DOWNING
DRIVEWAY & UTILITY
EASEMENT, DEED 721/220
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PLAN OF LAND
IN NANTUCKET. MA
Prepared For
ISLAND BUGGIES
AUTO-RENTAL, LLC
41 OLD SOUTH ROAD
MAP 68 PARCEL 8
Scale: 1"=20' Feb. 1. 2005
BLACIOrELL and ASSOCIATES, Inc.
ProfessWnal Land Surveyors
20 TEASDALE CIRCLE
NANTUCKET, MASS. 02554
(508) 228-9026
GRAPHIC SCALE
I I, I I
0' 10' 20' 40' 60'
B6296
LOCUS
#41 OLD SOUTH ROAD
DEED BOOK 904 PAGE 120
PLAN FILE 56-A, LOT 6
C:\SPF\proj\AOG\B6296\PSP7.dwg 2/1/2005 8:2025 AM EST
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, JANUARY 7, 2005, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
ISLAND BUGGIES AUTO-RENTAL, LLC
BOARD OF APPEALS FILE NO. 007-05
Applicant is seeking a MODIFICATION of SPECIAL PERMIT relief and
approved site plan granted in the Decision in BOA File No. 031-04, which allowed a
vehicle rental business under Nantucket Zoning By-law Section 139-9B(2)(I) to be
operated from the site. Applicant is asking to expand the size of the proposed conforming
office structure in order to include a second floor apartment. The structure would enclose
three of the exterior parking spaces, one for the about 252 square feet of office space and
two for the apartment, as required under the Zoning By-law for a dwelling unit within the
Residential-Commercial-2 zoning district. All dimensional and parking requirements of
the Zoning By-law would continue to be met. The three spaces dedicated to customer
parking would continue to be maintained outdoors as well as the area for parking of
rental vehicles.
The Premises is located at 41 OLD SOUTH ROAD, Assessor's Map 68, Parcel
8, Pian File 56-A, Lot No.6. The property is zoned Residential-Commercial-2.
(21GM~~~
Nancy J. Se . ns, hairman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
I ' $300.00
I
I
I Iwner's name(s):
/ Mailing address:
Applicant's name(s):
Mailing address:
Locus address:
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
APPLICATION FOR RELIEF
CASE NorD? -05
Island BUI!ilies Auto-Rental. LLC
clo Reade. Gullicksen.. Hanlev & Gifford. LLP
Same
6 Youn2's Way. Post Office Box 2669. Nantucket. Massachusetts 02584
41 Old South Road Assessor's MaplParcel: 68-8
Plan File No.: 56-A Lot No.: 6
Date lot acquired: 7/20/04 Deed Ref.: 904-120 Zoning District: RC-2
Uses on Lot - Commercial: None_ Yes (describe) Auto rental facility
Residential: Number of dwellings_ Duplex Apartments_Rental Rooms
Building Date(s): AU pre-date 7/72? or C ofO(s)?
Building Permit Nos:
Previous Zoning Board Application Nos.: 031-04: 081-04
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:
The applicant seeks a Modification of the Special Permit issued in File No. 031-04,
by constructing a structure which will contain about 252 square feet of office
space and three indoor parking spaces on the first floor, and a dwelling unit on
the second floor. These uses will result in the need for three ancillary parking
spaces, one for the office space and two for the dwelling unit. These spaces will
be provided within the garage, and there will continue to be three outdoor parking
spaces designated for customers, as well as an area used for parking rental
vehicles.
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the p . s and penalties of perJury.
Applicant Attorney/Agent~
of agency to bring thi matter before the Board)
~ FO ICE USE
Application received on:l1;{() By: Complete: Need copies?:
Filed with Town Clerk:LY?U P~g Board:---:-,' .,'_ Bnildin~ Bept.:-,,-,,'.:>uy: &. J~
Fee deposited with Town Treasurer:.L1~ai By:~aiver requested?: Granted:-"_/_
Hearing notice posted with Town Clerk:jlJ.22)J-1 Mailed:JbJ2.~ I&M:K23 oJ & J2ig)..I[jJJ
Hearing(s) held on:_I-I_ Opened on:-I-I_ Continued to:_I_I_ Withdrawn?:-,,-,,_
DECISION DUE BY:-I_/_ Made:-I_/_ Filed wrrown Clerk:_I-"_ Mailed:_/_/_
DECISION APPEALED?:_/-"_ SUPERIOR COURT: LAND COURT Form 4/03/03
5000 S.F.
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CURRENT ZONING CLASSIFICATION:
Residential Commercial (RC-2)
68-7
N/F
DAVID
68-9
N/F
ALEXANDER RAY &
DIANE DOWNING
DRIVEWAY & UTILllY
EASEMENT, DEED 721/220
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PLAN OF LAND
IN NANTUCKET. MA
Prepared For
ISLAND BUGGIES
AUTO-RENTAL, LLC
41 OLD SOUTH ROAD
MAP 68 PARCEL 8
Scale: 1"=20' Dec. 14. 2004
BLACKWELL and ASSOCIATES, Inc.
Professional Land Surveyors
20 TEASDALE CIRCLE
NANTUCKET. MASS. 02554
(508) 228-9026
GRAPHIC SCALE
I I I I I
o' 10' 20' 40' 60'
B6296
LOCUS
#41 OLD SOUTH ROAD
DEED BOOK 904 PAGE 120
PLAN FILE 56-A, LOT 6
C:\SPF\proj\AOG\B6296\PSP3.dwg 12/14/2004 11 :43:05 AM EST
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
dune- !e;
, 200'1
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
fol.lowing:
bwner/Applicant:
OWMr- I Qnd
I
o3/-oY.
~ ~ c. /i)QYrh oJ Q9
Non. tr.JchL-r- ff(j9f}1-e..s' , ~c.
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Applica tion No.:
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.
-0
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); ~139-32I (VARIANCES)
I
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
,
NANTUCKET ZONING BOARD OF APPEALS
1 Bas~ Chestnut Street
Nantucket, Massachuse~t8 02554
Assessor's Map 68, Parcel 8
41 Old South Road
Residential Commercial-2
Plan File 56-A
Lot 6
Deed, Book 669, Page 204
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, which commenced on Friday, May 14, 2004, at 1:00 P.M.,
and was continued to and concluded upon Friday, June 11, 2004, at
1:00 P.M., in the Conference Room, in the Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, the Board made the
following decision on the application of ELIZABETH C. PARDI, as
Owner, and NANTUCKET BUGGIES, LLC, as Contract Purchaser, c/o
Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Massachusetts 02584, File No. 031-04:
2. The Applicant (Contract Purchaser) is seeking a SPECIAL
PERMIT under Nantucket Zoning By-law S139-9.B(2) (1), to authorize
the use of the Locus for the rental of automobiles. A new office
structure, conforming to applicable zoning requirements, would be
constructed upon the Locus for this use. All dimensional and
parking requirements of the By-law would be met. The Locus is
situated at 41 Old South Road, Assessor's Map 68, Parcel 8, is
shown upon a plan recorded with Nantucket Registry Deeds in Plan
File 56-A as Lot 6, and is situated in a Residential Commercial-2
zoning district.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
recei ved at our public hearing. The Planning Board made no
recommendation, on the basis that no matter of zoning concern was
presented. Several neighboring property owners appeared at the
public hearings to express opposition and concern, primarily with
regard to the effect of the Contract Purchaser's proposed use
upon existing parking problems at the adj acent property
constituting the mixed-use ~Anchor Village" project. There were
seven letters from abutters and neighbors on file in opposition,
one letter expressing concern and suggested conditions for a
grant of relief, one phone call to the office from an abutter
opposed, and four letters in favor on file. As the property is
situated within the Public Wellhead Recharge Overlay District,
Applicants submitted a letter from the General Manager of the
Wannacomet Water Company, dated April 20, 2004. The letter stated
~The amount of impervious groundcover for this lot is 120 square
feet, which is less than 3 percent of the total lot area.
Therefore, this property is not subject to review under zoning
1
'.
by-law 139-12." However, he also stated that he had reviewed the
plan for the antique car rental agency and found that it was
~acceptable to the Wannacomet Water Company".
4. The Contract Purchaser (incorrectly referenced in the
application and the notice as a lessee) proposes to conduct the
business of rental of antique automobiles. In the Residential
Cornrnercial-2 zoning district, the rental of automobiles is a use
that is allowed subject to the granting of a Special Permit.
5. As presented by the Applicants, represented by counsel,
the Contract Purchaser desires to park up to ten antique
automobiles upon the Locus, with a small office building to be
used by an employee who would conduct the rental operations. The
automobile rental use itself does not itself specifically
generate the provision of any parking spaces, and the parking of
the inventory of automobiles available for rental does not
constitute ancillary parking which must comply with dimensional
parking requirements, but rather is the primary use proposed for
the site. One conforming parking space is required for the
office space of under 300 square feet in gross floor area, and
the Contract Purchaser initially proposed to provide one
additional parking space to be used by customers or visitors to
the site.
Neighboring property owners and occupants, primarily
owners of residential or commercial units in the adjacent Anchor
Village condominium, which shares an internal driveway easement
wi th the Locus, expressed concern that the proposed use would
attract visitors and prospective customers to the Locus, and that
they would attempt to utilize parking spaces upon the Anchor
Village property, without the right to do so, exacerbating
existing parking problems upon the Anchor Village property.
There was discussion of the possibility of providing parking
spaces on the Locus but outside the fence, which the Contract
Purchaser proposes in order to enclose the area used for
automobile rental activities, but the Contract Purchaser declined
to provide such parking spaces, citing liability concerns. The
Contract Purchaser agreed, however, to address another concern by
arranging for an off-site alternative location for rental car
drop-offs.
6. Although the Contract Purchaser argued that the open
interior area of the Locus would provide ample area for temporary
placement of vehicles visiting the site, the Board of Appeals was
concerned that additional on-site parking would be needed. In
general, however, a majority of the members of the Board
expressed the position that the proposed use was less intense
than various other uses which could be conducted upon the Locus
as a matter of right, without the need for any zoning relief, and
2
'.
that it was not the responsibility of the Applicants to solve any
parking issues existing upon the Anchor Village property.
7. Accordingly, a majority of four members voting in favor
(Sevrens, Loftin, Waine and Wiley) and one opposed (Toole), the
Board voted to make the finding that the granting of the proposed
relief would be in harmony with the general purpose and intent of
the Zoning By-law, and, by the same majority of four members in
favor and one opposed, voted to GRANT relief by SPECIAL PERMIT
under Nantucket Zoning By-law S139-9.B(2) (1), to authorize the
Contract Purchaser to conduct the rental of automobiles upon the
Locus, subject to the following conditions:
(a) No more than eight rental vehicles may be parked
upon the Locus at anyone time;
(b) In addition to the required conforming parking
space for the office use, three additional conforming spaces
shall be provided for use by customers and visitors to the Locus,
and be specifically designated for such purposes;
(c) The location of all spaces for rental vehicles and
other spaces required under subparagraph 7(b), above, shall be as
shown upon the ~Plan of Land", done by Blackwell and Associates,
dated March 30, 2004, as marked up by the Applicant and Board of
Appeals, a reduced copy of which is attached hereto as Exhibit A;
(d) A sign shall be placed upon the gate to the
enclosed portion of the Locus, stating that parking on Anchor
Village property is not permitted for visitors or customers of
the automobile rental operations;
(e) The gate to the enclosed portion of the Locus
shall be kept open until sunset during periods when the rental
car business is in operation;
(f) The relief granted by this decision is specific to
the operation of the rental car business by the Contract
Purchaser; in the event of any change in ownership of the
business or the nature of the business, a new application for
relief to the Special Permit Granting Authority would be
necessary;
(g) The rental of antique automobiles shall be the
only business conducted upon the Locus pursuant to the Special
Permit granted hereby; and
(h) All lighting shall be directed downward, and no
floodlights shall be used.
(i) The hours of operation shall be no earlier than
9:00 AM and no later than 6:00 PM, for a maximum of seven days a
week.
3
J.
(ZBA Dec. File No. 031-04)
8. In separate action, the Board, by the same majority of
four members in favor and one opposed, voted to approve the site
plan, attached at Exhibit A, as required under By-law ~139-23.
Dated: June~, 2004
~~
David R. Wiley
~
Ed . . Murphy
/
/
Edward S. Toole
4
MINIMUM LOT SIZE: 5000 S.F.
MINIMUM FRONTAGE: 40 FT.
FRONT YARD SETBACK: 20 FT.
REAR/SIDE SETBACK: 5 FT.
GROUND COVER %: 50%
PROPOSED GREENSPACE=1408:l: SF, 25" :l:
LOT AREA=5,563:l: SF
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CURRENT ZONING CLASSIFICATION:
'. Residential Commercial (RC-2)
o~
68-7
N/F
C.JOY PARDI
68-9
N/F
AlEXANDER RAY &
DIANE DOWNING
DRIVEWAY & UTILITY
EASEMENT, DEED 721/220
; !
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PLAN OF LAND
IN NANTUCKET, MA
Prepared For
ISLAND BUGGIES
41 OLD SOUTH ROAD
MAP 68 PARCEL 8
Scale: 1"=20' March 30, 2004
BLACKWELL elM ASSOCIATES, 1no,
Pro/ess1.ona.l Land, Su",81/ors
20 TEASDALE CIRCLE
NANTUCKET, JlASS. 02554
(508) 228-9026
GRAPHIC SCALE
I I I I j
0' 10' 20' 40' 60'
B6296
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LOC
#41 OLD SOU ROAD
OWNER: ELIZABETH C. PARDI
DEED BOOK 669 PAGE 204
PLAN FILE 56-A, LOT 6
C:\pro'\odg\b6296\PSP.dwg 03/30/04 10:15:51 AM EST
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SEE ATTACHED PAGES
I ceni fy lhallhe foregoing is a list of persons who are Owners of abuning property, OWners of .
land directly opposite on any public or private street or way; and abutters of lhe abutters and all
other land 'owners wilhin 300 feet of the property fine Orowner's property, all as they appear on
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139:
Section 139.290 (2)
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ASSESSOR'S OFFICE
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