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HomeMy WebLinkAbout021-05 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Date: fYlW-j / / ;{CJOS TO: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: OWNER/APPLICANT: c);~ I-OS:- Hel 0 m P. iJ- f UJOcxJ APPLICATION NO.: Enclosed is the Decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. This Decision provides a CLARIFICATION (not a Modification), an EXTENSION, or authorizes a TEMPORARY PERMIT under Nantucket Zoning By-Law g139-26H, with NO twenty (20) day appeal period required. ~$ti8~ ~~ Chairman cc: Town Clerk Planning Board Building Department TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Assessors Map 38 1 Fisher's Landing Road Parcel 153 Land Court Plan 15400-B*, L,ot 37 LUG-2 (Cluster Subdivision) Cert. of Title No. 21356* - *CORRECTED PROPERTY DESCRIPTION 5/6/05 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :O~J> .M., Friday, March 11,2005, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of ADAM F. ATWOOD* (formerly noticed as ALAN F. ATWOOD), c/o PO Box 486, Nantucket, MA 02554, Board of-: Appeals File No. 021-05, the Board made the following Decision: =; *CORRECTED OWNER NAME DUE TO TRANSFER OF PROEPRTY AFTER NOTICE. 1. Applicants are seeking a CLARIFICATION or MODIFICATION of a previous grant of a CLUSTER SUBDIVISION permit in the Decision in BOA File No. 010-77. Applicant is asking the Board of Appeals to clarify what was meant by "side yard" setback. Dimensional relief was granted in paragraph 10, condition 2 that stated "That the relief requested as a variance to require no front yard set back or side yard set off lines is granted." Current interpretation is that the "side yard" only referred to side yard setback in the Decision and not to rear. Therefore the "rear yard" setback requirement was not specifically waived and must comply with the current setback of 15 feet. Applicant argues that the original Decision included waiver of the rear setback requirement and is asking the Board to clarify or modify the original Decision to reflect a zero rear setback or determine a minimum of three feet, which is the minimum required under the Building Code for a wall containing window or door openings for fire code compliance and was the minimum rear yard setback distance under the By-law as it then existed. Such a finding would clarify the rear yard setback for the entire subdivision. In the alternative, the Applicant is seeking relief by VARIANCE under Nantucket Zoning By-law Section 139-16A to reduce the rear yard setback requirement from the current 15 feet, as currently required in the LUG-2 zoning district, to three feet to be consistent with the build out of the rest of the subdivision. The Locus is conforming to the Cluster Subdivision requirements of the 1977 Decision and all other aspects are protected by said grant of relief, except arguably for the rear yard setback. At the time and until 1979 the sole permit granting authority for Cluster Subdivision was the Zoning Board of Appeals. Currently under Cluster Subdivision provisions the Planning Board has sole jurisdiction over setback compliance and can reduce the side yard and rear yard setback requirements 100% provided that they find that there would be no adverse impact on the neighborhood and would promote the purposes and intent of the section. The lot is currently vacant but a conforming single-family dwelling has been approved for the rear of the lot. The historic farmhouse may also be moved from another site that belongs to the Fisher's Landing Association to this privately owned lot and sited to the front of the lot (or a new dwelling constructed in that location) and due to the location of the septic system and easements the only location possible for the farmhouse/new dwelling would be at the front ofthe lot. The Premises is located at 1 FISHER'S LANDING ROAD, Assessor's Map 38, Parcel 153, Land Court Plan No. 15400-B, Lot 37. The property is zoned Limited-Use- Commercial-2 (but under a Cluster Subdivision Special Permit to reduce dimensional requirements ). TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 " Da te : flf('~ r /2- ,2006 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Owner/Applicant: ~ J -05" '. IJ-[on r. /4-rwooc( . , Application 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 pursu~nt 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. ~~y~~H~~~an cc: Town Clerk Planning Board Building Commissloner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Assessors Map 38 Parcel 153 LUG-2 (Cluster Subdivision) 1 Fisher's Landing Road Land Court Plan 15400-A, Lot 37 Cert. of Title 9329 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M., Friday, March 11,2005, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of ALAN F. ATWOOD, PO Box 486, Nantucket, MA 02554, Board of Appeals File No. 021-05, the Board made the following Decision: 1. Applicants are seeking a CLARIFICATION or MODIFICATION of a previous grant of a CLUSTER SUBDIVISION permit in the Decision in BOA File No. 010-77. Applicant is asking the Board of Appeals to clarify what was meant by "side yard" setback. Dimensional relief was granted in paragraph 10, condition 2 that stated "That the relief requested as a variance to require no front yard set back or side yard set off lines is granted." Current interpretation is that the "side yard" only referred to side yard setback in the Decision and not to rear. Therefore the "rear yard" setback requirement was not specifically waived and must comply with the current setback of 15 feet. Applicant argues that the original Decision included waiver of the rear setback requirement and is asking the Board to clarify or modify the original Decision to reflect a zero rear setback or determine a minimum of three feet, which is the minimum required under the Building Code for a wall containing window or door openings for fIre code compliance and was the minimum rear yard setback distance under the By-law as it then existed. Such a finding would clarify the rear yard setback for the entire subdivision. In the alternative, the Applicant is seeking relief by VARIANCE under Nantucket Zoning By-law Section 139-16A to reduce the rear yard setback requirement from the current 15 feet, as currently required in the LUG-2 zoning district, to three feet to be consistent with the build out of the rest of the subdivision. The Locus is conforming to the Cluster Subdivision requirements of the 1977 Decision and all other aspects are protected by said grant of relief, except arguably for the rear yard setback. At the time and until 1979 the sole permit granting authority for Cluster Subdivision was the Zoning Board of Appeals. Currently under Cluster Subdivision provisions the Planning Board has sole jurisdiction over setback compliance and can reduce the side yard and rear yard setback requirements 100% provided that they find that there would be no adverse impact on the neighborhood and would promote the purposes and intent of the section. The lot is currently vacant but a conforming single-family dwelling has been approved for the rear ofthe lot. The historic farmhouse may also be moved from another site that belongs to the Fisher's Landing Association to this privately owned lot and sited to the front of the lot (or a new dwelling constructed in that location) and due to the location ofthe septic system and easements the only location possible for the farmhouse/new dwelling would be at the front of the lot. The Premises is located at 1 FISHER'S LANDING ROAD, Assessor's Map 38, Parcel 153, Land Court Plan No. 15400-A, Lot 37. The property is zoned Limited-Use- Commercial-2 (but under a Cluster Subdivision Special Permit to reduce dimensional requirements ). 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made a favorable recommendation on the grant of a clarification of the original Decision in BOA File No. 010-77. It also stated that all setbacks could today be waived in their entirety to achieve certain planning objectives by special permit, with jurisdiction over cluster subdivisions now solely within the purview of the Planning Board under the amended Cluster Subdivision provisions of the By-law, in order to create higher density to preserve perimeter greenspace. In this particular Fisher's Landing subdivision most of the lots abutted dedicated open space and clarifying the original ZBA Decision in BOA File No. 010-77 to indicate that the rear yard setback should be a minimum of three feet, would be appropriate and consistent with the requirements in 1977 when the ZBA had brief jurisdiction over such cluster subdivisions. The Planning Board also stated that should the ZBA not feel a clarification was in order that it supported a grant of variance relief to this Applicant. Acting Planning Commission Director Andrew Vorce was present and spoke in favor of the clarification, stating that the Planning Board supported such an action to finally "put this issue to rest". Vorce stated that requiring a 15-foot rear yard setback now in an old cluster subdivision that was already substantially built out with a rear yard setback substantially less than 15 feet, would be entirely contrary to planning goals and objectives related to this type of development. There was one letter in opposition from a Fisher's Landing resident with the concerns mainly dealing with legal issues involving the currently off-site farmhouse that the Board decided had no bearing on the issue at hand. Another abutter was present to speak about concerns with the same issue. 3. Applicant, through his testimony and through counsel, represented that the property was benefited by a previous grant of Special PermitfV ariance under the Cluster Subdivision By-law as written in 1977 in the Decision in BOA File Nos. 010-77, which approved an 87-10t cluster subdivision in the Fisher's Landing area of the Island. The Board waived multiple dimensional requirements in order to increase interior density and increase parameter open space. The Board of Appeals had sole jurisdiction over cluster subdivisions from the 1972 enactment of the Nantucket Zoning By-law to1981, at which time jurisdiction was passed to the Planning Board. In 1972, there were no side or rear setbacks required, only front yard. In 1973, language was added in Section V. that stated "No building shall be erected within 3 ft. of any lot line unless otherwise indicated". This standard was in place as it related to side and rear yard setback requirements through 1978. In 1979 an amendment was passed at the Annual Town Meeting setting a IS-foot side and rear yard setback for the LUG-2 district. At the time the Decision was made that included variance relief for the side setback, reducing the requirement from three feet to zero, the Applicant did not seek such relief from the rear as there had been no intention to place a structure closer than the allowed three feet. Andrew Vorce stated that the side yard setback could be waived to allow for common (party) walls between dwellings on separate abutting lots, a practice that was never done in this cluster subdivision. Applicant represented that there had been several different building inspectors/commissioners since 1977 and up until 2004, all had interpreted the Decision so as to allow a varying rear yard setback, with a minimum of a zero-foot rear yard setback in many instances. At no time did a town official interpret that the rear yard setback requirement of a IS-foot minimum allowed under the LUG-2 zoning district be applied to this cluster subdivision. The current Zoning Enforcement Officer, Marcus Silverstein, had also interpreted the rear yard setback to have been zero until late last year when he revised his interpretation. He stated at the public hearing that due to the absence of any specific language in the original Decision related to any waiver of the rear yard setback requirement, he could not longer extrapolate the existing language waiving '"side" yard setbacks to include '"rear". He stated that any benefit of a freeze period when the side and rear yard setback requirement was amended in 1979 increase minimum setbacks from three feet to 15 feet, had long since expired and any new structures would have to be sited at a minimum of 15 feet, irregardless of whether about 80 of the 87 lots had already been built out with many having a rear yard setback of less than 15 feet. The ZEO stated that he would abide by the Board's decision should it choose to clarify the Decision by stating that it allowed a three-foot rear yard setback, which was consistent with the 1977 By-law requirements at the time of the approval of the cluster subdivision. An abutter in support of the clarification was present at the hearing and stated that he had been issued a secondary dwelling permit in 2004 that allowed him to locate it within the IS-foot rear yard setback area under the previous interpretation by this ZEO, and now that he was making plans to apply for his Certificate of Occupancy, he has been told that he is in violation of the new interpretation that 15 feet was required, making it necessary for him to now apply for variance relief without the Board clarifying the previous decision. Another abutter at the hearing in support stated that the building commissioner that immediately preceded the current one, told him at the time of his construction of an ancillary structure that there were no setback requirements in the subdivision at all. An attorney, member of the conveyancing bar and present for an unrelated case, also stated that this confusion had caused problems for several years and supported the clarification as opposed to the grant of variance relief as a means to solve the problem for the entire subdivision without requiring each lot to seek variance relief on their own. He also felt that the use of the word "side" in the original Decision was also for a time inclusive of rear and there was no distinction in that side and rear had the same three-foot setback minimum allowed. In his opinion in the early years of the By-law, when relief was granted to waive the '"side" setbacks, with no relief for the rear as the By- law required a minimum of three feet, no one thought about the impact on a protected cluster subdivision by any subsequent amendment of the Zoning By-law increasing the setback requirement to IS-feet and the Building Department seemed to ignore such changes and possible expiration of any freeze periods. This new interpretation of the Decision generated this Application to the Board of Appeals. Applicant proposed to either move an existing "farmhouse", located on an adjacent lot, to the Locus or construct a new secondary dwelling on the Lot. Applicant had applied to the Building Department for a permit to construct a garage apartment to the rear of the lot and had to leave space at the front of the lot for said farmhouse or new primary dwelling. Applicant represented that due to the small size of the lot, secondary dwelling dimensional requirements and the placement of the septic system/well, limited further by the surrounding wells on adjacent lots, the garage apartment would have to be placed within the IS-foot rear yard setback area in order to comply. Several other lots in the subdivision already have secondary dwellings similarly placed so placement within that setback area would not be contrary to the common scheme for the subdivision. Applicant further stated that the rear of the property, as is the case with all but four properties, is bordered by dedicated open space, which would mitigate negative impact from situating any structure within that area. However, Applicant stated that he was the principal in the Fisher's Landing Conservation Trust that created the cluster subdivision, and it had always been intended that the rear yard setback was to be as close as zero and it had been so interpreted for 27 years. He felt that it made no sense to change the "rules of the game" at this point and such a new interpretation had the affect of rendering almost two dozen properties nonconforming and prevented others from constructing ancillary structures, creating an inequity within the subdivision. He further stated that the Decision contained language that indicated that setbacks were being waived in order to allow random siting of structures. Should there be a IS-foot setback required now, that would be contrary to such random siting goals of the cluster subdivision by-law. In any case, the Applicant would prefer to have the Board clarify the Decision to benefit the entire subdivision rather than the Board grant individual variance relief in the alternative. 4. Based upon the foregoing, the Board finds that variance relief is not necessary to site a dwelling as close as three feet on this Lot from the rear yard lot line, as the 1977 By-law as well as past practice had allowed the rear yard setback to be a minimum of three feet and the application of a IS-foot rear yard setback, due to the underlying Limited-Use-General-2 zoning district in which the Fisher's Landing Cluster Subdivision is located, is not appropriate. The Board fmds that it is clear in the Decision that specific relief from the rear yard setback requirement of the day, i.e., three feet, was not asked for by the then Applicant as no relief was thought to be necessary at the time if a three foot setback were to be maintained, unlike the side yard setback requirement, for which variance relief was asked for and granted to reduce to zero. The Board further fmds that a clarification of said Decision is appropriate, acknowledging that it would affect the entire subdivision, and set the standard of a minimum of a three-foot rear yard setback distance in perpetuity without other action of this Board or the Planning Board. , 5. Accordingly, upon a motion duly made and seconded to DENY reliefby VARIANCE under Nantucket Zoning By-law Section 139-16A, due to the fact that relief was not necessary, as a CLARIFICATION of the previous Decision in BOA File No. 010-77 would suffice, by a vote of five in favor (Waine, Loftin, Sanford, Murphy, Wiley) and none opposed. Therefore, relief was therefore DENIED. The Board hereby affirms that the rear yard setback distance as established by the Decision in BOA File No. 011-77 and this Decision, is a minimum of three feet. J::s~ r'...J _,_J 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, MARCH 11,2005, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: ALAN F. ATWOOD BOARD OF APPEALS FILE NO. 021-05 Applicants are seeking a CLARIFICATION or MODIFICATION ofa previous grant ofa CLUSTER SUBDIVISION permit in the Decision in BOA File No. 010-77. Applicant is asking the Board of Appeals to clarify what was meant by "side yard" setback. Dimensional relief was granted in paragraph 10, condition 2 that stated "That the relief requested as a variance to require no front yard set back or side yard set off lines is granted." Current interpretation is that the "side yard" only referred to side yard setback in the Decision and not to rear. Therefore the "rear yard" setback requirement was not specifically waived and must comply with the current setback of 15 feet. Applicant argues that the original Decision included waiver of the rear setback requirement and is asking the Board to clarify or modify the original Decision to reflect a zero rear setback or determine a minimum of three feet, which is the minimum required under the Building Code for a wall containing window or door openings for fire code compliance. Such a rmding would clarify the rear yard setback for the entire subdivision. In the alternative, the Applicant is seeking reliefby VARIANCE under Nantucket Zoning By-law Section 139-16A to reduce the rear yard setback requirement from the current 15 feet, as required in the LUG-2 zoning district to three feet to be consistent with the build out of the rest of the subdivision. The Locus is conforming to the Cluster Subdivision requirements of the 1977 and all other aspects are protected by said grant of relief, except for the rear yard setback. At the time and until 1979 the so Ie permit granting authority for Cluster Subdivision was the Zoning Board of Appeals. Currently under Cluster Subdivision provisions the Planning Board has sole jurisdiction over setback compliance and can reduce the side yard and rear yard setback requirements 100% provided that they find that there would be no adverse impact on the neighborhood and would promote the purposes and intent of the section. The lot is currently vacant but a conforming single-family dwelling has been approved. The historic farmhouse is also to be moved from another site that belongs to the Fisher's Landing Association to this privately owned lot and sited behind the main house and due to the location of the septic system, easements the only location possible for the farmhouse is at the rear ofthe lot. The Premises is located at 1 FISHER'S LANDING ROAD, Assessor's Map 38, Parcel 153, Land Court Plan No. 15400-A, Lot 37. The property is zoned Limited-Use-Commercial-2 (but under a Cluster Subdivision Special Permit to reduce dimensional requ' nts). A 'tA\ 0 U " le/I/t/J-/' Nancy J. Se , Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215. 'j .' t · · -1ft., , . ,..,,,. NANTUCKET ZONING BOARD OF APPEALS " 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 APPLICATION FOR RELIEF CASE NO.~ n~oo.oo Owner's name(s): Mailing address: Applicant's name(s): Malling address: ' . Locus' address: Alan F. Atwood P.O. Box 486 Alan F. Atwood Nantucket, MA 02554 P.O. Box 486 ' , Nantucket, MA 02554 1 Fishers Landing Rd., Land Court PlanlPlan Book & Page/Plan File No.: Date lot acquired:_L/W 00 Deed Ref./Cert. of Title: VIes on Lot - Commercial: None_ Yes (describe) Residential: Number of dwellings_ Duplex Building Date(s): All pre-date 7/721 or BUIlding Permit Nos: Previous Zoning Board Application Nos.: Assessor's"MapfParcel: 38 153 15400...,A Lot No.: 37 q1?q Zoning District: , Apartments Rental Rooms C of 0(s)1 State below or on a separate addendum specific reli~fsought (Special Permit, Variance, Appeal), Section of the Zoning By;.law, and supporting details, grounds for grant of relief, listing any existing nonconformities: Applicant seeks relief from Sec. l39-l6A to establish rear line set back at three (3') feet. This relief is due to an interpretation of recent zoning changes which are deemed to effect a cluster subdivision, The Farm At Fishers Landing. The Zoning Enforcement officer has determined that prior applicatiotPof the set back provisions are voided and now seeks to apply set back lines applica~e to this cluster as set forth for LUG districts. This new interpretation, if acc;pted, mandates approximately 15 lots as non-conforming. -J -J I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains an nalties of perjury. \ SIGNATURE: Applicant Attorney/Agent x (If not owner or owner's attorney, please enclose proQf of agency to bring this matter before the Board) FOR' OF ICEUSE . ~ Application received on:2;, Or By: Complete: ~ Need conies?:, Filed with Town Clerk:.2d?!i/ c?SPlan . By: Z{f2&j Fee deposited with Town TreasurerV _/g:By: aiver requested?:_Granted:_I_I_ Hearing notice posted with Town Clerk:2!by! CJjMailed:.2dzJ.6~M: ~Of& 23 /d-~ Hearing(s) held on:_I_I---: Opened on:-1_I_ Continued to:_I_I_ Withdrawn?:_I_I_ DECISION DUE BY: / / Made: / 1 Filed wrrown Clerk: 1 I Mailed: 1 /_ --- --- ----- ALANF.ATWOOD P.O. Box 486 Nantucket, MA 02554 (508) 228-4010 Ms. Linda Williams Administrator Nantucket Zoning Board of Appeals 1 East Chestnut Street Nantucket, MA 02554 Date: February 16, 2005 Subject: Request for variance from rear setback zoning requirements, #1 Fishers Landing Road Enclosmes: (1) Review of Fishers Landing Setback Requirements (2) HDC approved elevations of Garage Apartment proposed for #1 Fishers Landing Road Dear Linda: Thank you for meeting Vl,ith me recently to discuss this matter. In accordance with your request, enclosures (1) and (2) are forwarded herewith. Please let me know if there is any further information you need for the subject application, Sincerely, L Williams021605 ALAt~ F. ATWOOD P,O. Box 486 Nantucket, MA.0255'1 (508) 228-4010 Date: February 15, 2005 Subject: Review of Fishers Landing Setback Requirements As one of the original developers of Fishers Landing, I have been involved with the subdivision since its beginning. In 1977 fishers Landing was proposed to the Planning noard as a cluster development "With narrow streets, grass medians, and predominantly quarter acre lots allowing about 130 acres of the 160 acre total area to be devoted to conservation. The thenle of the project was to replicate the feeling of Sconset "With small-scale structures located at random on compact lots "With minimum setback from roadways and adjoining buildings. In this context it was felt that bringing structures close to property lines would create privacy in expanded interior garden spaces, and avoid devoting space to outside strips of land that served no purpose. The Planning Board approved the application for Fishers Landing and forwarded it to the Zoning Board of Appeals which, at that time, had the jurisdiction to grant a special permit for cluster development and issue a variance from existing zoning requirements. The Zoning Board of Appeals did this on May 31, 1977 (Case #010-77) and their approval decision stated the following: 8. The plan of design and aesthetic appearance of the project is dependent on the ability to duplicate the aspects of a Nantucket village similar to the Siasconset area. In order to accomplish this appearance, the relaxation of the setback requirement to allow the placement of dwelling units on the front line, near the front lhie, or at random, must occur. The success of the village concept is a vital part of the appearance of the project and essential if the cluster is to be employed and the greater part of the area preserved in a natural state. 9. The ny-Law contemplates the necessity to abandon dimensional criteria by specifically allowing mininlunl area and frontage relief. Additional relief is allowed by law. 10. The project of the petitioner is jeopardized if the front line setback is maintained, and for this hardship, and for the reasons set out in 8. and 9. above, the setback requirement can be abandoned. Upon motion of Mr. Hyde, seconded by Mrs. Backus, it was unanimously voted as follows: 1. That the request of the petitioner for a special permit allowing a cluster subdivision pursuant to Sec.IV-A 2. of the ny-Law is granted; and, 2. That the relief requested as a variance to require no front yard setback or side yard set off lines is granted. Review of Fishel's Landing Setback Requil'ements February 15, 2005 Page 2 Despite this ruling by the Zoning Board of Appeals, at some point in the original approval process the Planning Doard required a ten-foot utility easement at the front of all lots that was established and recorded on the title of each lot, effectively reversing the front yard setback relief granted by the ZDA. Utilities have actually been placed within the 25-foot-wide roadways and none occur within the boundaries of any lot except to service that lot. On July 11, 1978 the Zoning Board of Appeals issued a clarification of the original cluster subdivision approval stipulating that the 87 proposed building lots shall be subject to a ground cover limitation of fifty (50%) percent. This would permit placing structures covering up to 5,000 square feet on a typical 10,000 square foot lot. Over the years since then the DuildiIig Department has variously interpreted the rear line setback as zero (3 feet), 5 feet or 10 feet. It is estimated that approximately twelve lots have approved structures within 15 feet of the rear property line. In the early stages of the development few second dv,'ellings were const."Ucted and t.~e rear line setback was not a critical factor. However, in more recent years an increasing proportion of owners have opted for second dwellings, and the limitations created by 100 foot separation of leaching fields from wells in Phase I of the project, revised TitleV requirements calling for large leaching fields, plus the ten foot utility easement at the front of the lots, have all combined to make the rear setback very inlportant. In August of 2004 my neighbor, Richard DranIugal1, at #5 fishers Landing Road, was preparing to build a cottage at the rear of his property. I asked Mr. Brannigan how close to the rear line the structure would be and he responded that the zoning officer had granted approval for the back deck to be 3 feet from the rear property line. I took this to be the current interpretation of the rear line setback requirement, and presented the placement of the garage apartment with rear deck proposed for #1 fishers Landing Road (3 lots away) based on a 3 foot offset from the rear line in the building permit application, filed in early November, 2004. Having heard nothing further from the Building Department by early December, I inquired and was told by the Zoning Officer, Mr. Silverstein, that the building application for #1 fishers Landing Road could not be approved because the setback requirement was now interpreted as 15 feet from the rear line, the same as that being inlpOSed in the LUG-2 district surrounding Fishers Landing. I am seeking a zoning variance based on the following factors: 1. We are obliged to place the garage apartment proposed for #1 Fishers Landing Road as far back on the lot as possible since we may be required by the Land Court to move a 50' antique farmhouse off of fishers Landing Association land nearby onto the front of the lot, where it will become the main dwelling, The 10- foot utility easement at the front of the lot and the setback requirements for the leaching field make it impossible to provide more than a 3-foot setback for the garage apartment from the rear of the lot. Review of Fishers Landing Setback Requirements February 15, 2005 Page 3 2,The original Zoning Board of Appeals approval of the fishers Landing cluster subdivision clearly contemplated relief from setbacks required in the surrounding LUG-2 district. Had the LUG-2 rear line setback been 15 feet at that time, it seems quite probable that the ZBA, desiring to permit random location on the relatively small lots at Fishers Landing, would have provided a specific variance. 3. A 15-foot rear setback on a typical 87,000+ square foot lot in the surrounding LUG-2 district is a minimum restriction occupying only some 5% of the total lot area. On a typical Fishers Landing lot of 10,000 square feet, however, a 15 foot rear setback would occupy about 11% of the total area and severely restrict the placement of a second dwelling on the lot. 4. All but four lots at fishers Landing abut open conservation land at the rear property line. Permitting zero rear line setbacks has no adverse effect on neighbors or the neighborhood. 5. The interpretation of the rear lot line setback at Fishers Landing has always been less than 15 feet. The sudden imposition of a 15 foot setback, without prior public notice, is a severe hardship in that architectural and septic system plans have been prepared on the basis of a zero rear line setback approved on a nearby property only a few months earlier. Additionally, financing and construction contJacts had been dra"vn up based on~assumption of approval for the zero setback and are now incurriBg increased costs d~to thtLdela}' caused.by permitting. Alan F. Atwood r- I 'I I .1111 It.1 illl i,ull I IUL! \ ~~ - .... . w--e ~1~1 lW..........~...OIO... ufHs80 WBJ6UI I I I II II I I I II II I! I T . - . . I I o I 12 ? ? :z o ~ Gi m~ t-'" (/)~ ~I ~ ~ ~ w~ :J: . l;:~ ~I I \ ' E~ ~ I \ ('t) ~i ~ o! I i I <( \ I W \. \i Ii It ...'- --, oouep!sa~ POOMlV } I \ I i~ ~ I z o ~ Gi~ .....- w . t-~ ~J ~l :z o ~ ~~ ~i J .. ~J 'V ~ J. t>> .t ,J ~ ~ :> ~~~ ~,~.~~~. ~ ;'I,~ ..,o'l)i 9 ",ie i \1(o<""~..~ ~~ 't ~ a.~e\~..~' C~ \fI... \ ...~ do ~ . \111' ~.( '\ 11\~ . -, , ......- ,.< ';:~'._'.> ~ ~PPRO~[D~I ~ ( ( A-'f4-.-r) \' au are reminded that no WCJIIl. ,naY differ from your filed ,pecificatfonS witboUt .priotI J o#. ,..;,,~g1!J"'~~ ~-.:.:.:; ,--- ~====:'~:~.-:-- ~,-- - !L."-l'" f :b :z: '_'" .I. -...-- 1-.- \ ~ \. ",",\1'\.1",,:'1 \ , h ~ ~f In the matter of the petition of Fisher's Landin~ Conserva- ,1} r' ~,tion Trust (010-77); I petitioner. Mr. Glidden stated that the tract involved is 197 I :1 acres in size located at Warren's Landing. The petitioner intends I, to develop the area as un 87-lot subdivision utilizing 27 acres of .' Ii the total area, Applicilhle zoning pt'rmits 98 lots,hut as a clus- :'~ II ter. the total occupancy wU 1 he 87 lots. The area is now unde- i! !\ volped except for 20 or 25 8i ngle f:ul1ily homes in the r;eneral area, e.: " I I i approval of a cluster subdivision by special permit and a variance, , I' ' 1\ to abolish the required buildin!!: set hack line, ~ }.lr, Glidden presented the basic developme'nt plan with several i \ overlays to exhibit the locus definitive plan, lot sizes, utility I easement area, soil limitations for septic tankdevelopment, flood \ hazard areas, wetlands, drainage, II land reserved areas, traffic flow, ill reviewed in detail by Board members with 'Ir, Glidden, Mr, Brainard~ 1\ Trustee, and Mr. Chapman, a]'chit(~ct. I Mr. Glidden reviewed the protected and reservelarea plans \, stated that the Town would receive a ten foot bicycle path to be 1\ 1\ located along the Madaket Road and a four-acre parcel on the shore:, ~ I of Long Pond for recreation and preservation uses. II ' ~~ . Mr.,:Chapman spoke to the Board concerning the aesthetic desigrl i I ~ . ... ~ ::. ~ h:/.::: ::~t ~n\:: e s: ::::: i :: :: e e;~::: c: h:n: e: ::n ,:::: t:::e V:: l' ! ':, " \ i~~~ 'Pl'ace~~PJ in this undeveloped area requires the random placE:- I t 'I m~nt nf str~'~tures including the placement on and near street line~ ~. " I Without this scattering, it is impossible to create the fe~ling I, / Ii fl, ii II I (I l Attorney Richard Gltdden appeared for the I;r; I it !:1~ " " ~' 0"'1: ! .l~' of i ' ,The relief sought by the petitjoner consists of two matters: :} :p '( , :i '~ . ~t ',' I' i phases of development, protected! and vegetation, ~he plans were: 'J_' ti: 'Ii, { 19!': ~~~ ~i '\' :, : ". ',' ",' '. , ~: ' t'" i... ',. t ~' _ ':1 , . I ,',:' ;1," "'. 'r ;1:;.,,- \. ':,) n-. "~ ~ tj L Ilii, , , andl I ~ J~ ~ r, \t.:" " ,", (1':'-' <:":'~/r/ ,', , -~, '.:. ; '~ . ..;r:-,\" '-J" " II It"~ ';:'-- I.' I, ,:1 ji' I;' ,~: ::':i~,>'~ ' "". ,. -~~.r'~~~-:-~~ ,_~-J-' \ r, ',.\ VI iT. I, , : I j-! r t , I: !' . ~ r , . " ~ . \}~.Jl ii/will not be succ(?ssfu ''.f.'on()mic~Jly or aesthelically, \ 1mall Pffi-t \, ',\1.' I I ..'~ . i phasized the need to be as elosp to a 'Sconset Village concept as I("'h '\ was possible in order to make this project architecturally aceur- ;,)) I 11,:t ate. I ~' I d i' I ( i At the request of Mr. Hyde, the Board reviewe the prov SIOOR ~ II governing the regulating of open areas and reserved lands. Mr. \ ..'le ,\Brainard stated that the owner and the Planning Board had entered '\ ~ , 1/\, Into an acceptable covenant which was then presAnted to the Board ' r: i I 1 l~ \ and is incorporated herein. Hr. Visco, C Inirman of the Planning I ~ o~ I: Board, affi rmed the acceptabi 1 i ty of the COVfmant and stated that I \' f all of the design factors, roads, sf'ptie syst8ms, and t.he PlacemenJ j 1 I , of houses within t.he front yard set back area, were approved by I ~e i I t ~ c$, I ~ I Mr. William Klein, NP&EDC director, stated that the cluster \ ~ plan and ancillary plans had heen reviewed by him and found acceptJ :! able. He urged favorahlr' treatment of the petitionf'r's requests. ~ Mr, Glidden and Mr Chapman reviewed the restrictions cover- ~ ing the lot uses and deve]opme~t and discussed the planned land- IscaPing program including a $5,000,00 lot allowance to purchasers. i, A resident caretaker will occupy quarters on the site, Ii 1\ II :: Ii was no addi tionClI corresp0ndence, 1\ Ii the Planning Board, There were no other speakers, The Chairman read 1hp repoit of the Planning Board, There Ii II il .1r"",.--.... - .- ----,-- f ,-.; y; .-( .~~: T: ;( " )f : /; {r 1,- ~; " ~; )npJ; ,;: 1m, , ;'~, '.~ i: airi~ re ,~ i- i ns ,. er' ... . . . ~~': ( ,': r ,".J '1 , rl! j; '. 'i , i . '!I .. -'\ , '. ~:.t ,i l' ol~ .~t'\.J. "-, :~ "j " ':>1 : ~ :{ I ~ ,', < I: \. ... /, . ) ~, 'I f ~I I, After due delilwrat10n ann considc)r:lt.ion of the report 0 theii 'I ,t; I. ;.~ d Planning Board, t.he Oonr(l foun(l: ~ \1 ~, I 1. 'That the suhdivision design promotes the more efficient fl. 1,\ \; I use of the land aren in that it preserves the majority of land ~ II area 'n a nn ta ell 1 s t" nand ennsn lid a tns bn ild' ng areas and s trao~ ~1' tllres f()r ,~nd secllri tv ,~,~-.'. ease of rond maintenance, fire protection, " J ~. I 2. The preser..'ian nf tho open are.. 's ."., to tbe eonlo~ ~ gical balance in the area particularly concerning the proximity o~ \1 Long Pond and wi 11 i nsore perpetu. ti on of ex' sti ng seen i e .i ow. ,! \1 cover for WIldlife. 3. 'The design comtemplates adequate treatment of waste I II II .~ POl1u:,on I I I I \~ t II "I, ~n excess of 10,000 square feet and h~s a frontage of 35' or moreS the minimum front yard of 15' is estaolisheu subject to the peti- I I tion for a variance outlined below; and, the remaining provisions and oncouraf~(' thp p;rowth of natural cover, n ~ ~ ma t.er; 5 }:.!i t ial and protects the existing characteristics of the water table " , r " ',- l'~ . "...; i ~~,~ ,~ ~' ~ ~; by reason of the conservation reservations of open area and the ,; I:~ allowed use by the inhabitants of natural areas and access to Lon]~ . : Pond , ',~ ;, " 5. The area of the tract is greater than ten acres; the Dum ~ I'~ w; ~.:'~; by-law; each lot contai~~ and water supply and ensures the surroundinR areas are safe from 'The proposed cluster subdivision is within the intent of the By-Law and promotes benefits for the inhabitanTS of the 'Town ber of lots is less than allowed upon which dwellings could be constructed under other provisions of the of Sec. IV-A. 2B, 7" 8,. and 9, are satisfied, 'The open land restriction as submitted by the petitioner ~ in ac:~rdance with See, IV-A, 2(10) and (11) are in accord with 11 II II I, I! ~; fA '! 0' 'tA " . ~ IL_ ~. ~ ~ 1 I . ~ /I'! I,.! ' with the BY-Law provisions in that the open RreR is conveyed to I ~ II , r~f; " the i'habita'ts of Ihe "ow, for por1'os"s spod r; ed a,d approved HI ~ III lis, the By-Law, Ih I,',,' II I;';, I' 7, The report of the Planning Board is accept:1.bln and meets '. I~\ the require..,.s ,f "nc IV-^ 2.C. of 'h. .Y-La.. II, '{ i 8. The plan of desi [Tn and aesth()j i c flr>r>earancp of thE'! projec \;>:- \ !", .- ' '(i~; I is de_e'de,' 0' the abili.y '0 duplin,'n 'h0 aspe... of a .a.,.c,oll' Ii "" age s>m, I ar to j he S iasco, set area. I, ord e,' '0 ac.omp h sh ,h i /,i'" . . " I I ~,i ~ this appearance. the relaxation of the set back re~uirement to al- I~J I :u J 10. the pIaceme't of dwolli,. u'it. 0, 'h. froot Ii'., oear the '" I ,,~ t 'I l\\)~" OCCU~. I !'1 II front line, or at randoml\ The suecess of the' Village concept is I~:; I a v ita; par t 0 f the appe. raoce of the pro jec t and e..en Ii a I if the' i q , cluster cO'c.pt i. to h. employed "'d Lhe ,re.ter p.r. of 'he are. !ll II d preserved in a natural stilte, II I.ional cri'eria by specifically "lo.i,. mi,imum area .nd I relief. IR~, Ii d 1/ II !/ ,[I abandoned. II II I' animously voted as follows: 'I II II allOWing a cluster subdivision pursuant to Sec. I Law is granted; and, I 2. That the relief r~quested as a variance to require no I fro,t yard set back or side yard set off lines is gr"ted. II ~'U:.-~'>"-~ I, ~~ ~","., ~~.....~,l(~ ,,~~ 9. The BY-Law contemplates the necessity to abandon dimen- /' . '! l t :1' ',~ \ r l,,:)" '::1 ~ i l 1 \ ' II r t Additional rplief is alJowed by : ,~). frontage '~Si 1 If 10, 1. That the request of the petitioner for a special \ I ,,;~ The project of the petitioner is jeoparctized if the front ;: I ''< harctship, and for the reaB~ I I :. I' I ",.~ j \ iN I 'I II :\ I ~~~ el;: I I';'" permi t I J '~,t,~,," I (;'ii IV-A 2. of the BY-Ig '% I'lt~ ,f 1;1 I 'l~ /' 1\ ','t, ' I'"., I;" \ I \ .--,. r\ Ile~'!, ~~~ ~~ , I:.t~ /,: -~ ~/11'-{r '7d / ) -iv;/to- I:~t T l, /i / t.. ..' I f~ ~, :~ I~f , '",I I :;~ I~ I I \\-, . / T~'\'~b4-t:>_ line set back is maintained,8nd for this sons set out in 8. and 9. above, the set back requirement can be \ r Upon motion of Hr. Hyde, seconded by Hrs, Backus, it was un- r r i " I I II II I, I, 'I Ii ,I ,IJ II 'L.., j- ; 1, d. o I, , r: 'II j. il "- ~ i~ :i ~.. J~ji I'> I; ".U L CUht.. EM.. eCKAI:. J. Guo.r.. [IG. .. c.aen.. n.cn ......UCIln. ........ 0U&4 re.... ...n u...,.,., ,. r r 1 :r~:' I..... j; i' :j " I 11 II ,; I! ~ I ,!I; .~) ,~ ;.: :.~~, ...- 'w ...._~ ; 01~HjG:; 000190 CQt.N)N1ffiALTIt OF ~1AS5AC1IUSETI'S Nantucket, 55. July 11, 1978 Ro: Fishers Landing Conservation Trust CLARIFICATION A.'lD AGREelEH1' RELATIVE TO CLUSTER SUBDIVI5IO~ APPROVAL GRANTEU BY NA.'ITUCKET BOARD ,pF APPEALS On May 24, 1977, the Nantucket Board of Appeals held a public hearing on the petition of Fishers Landing Conservation Trust seeking a special permit to allow an 87 lot cluster subdivision off Warrens Landinc Road in the Town and County of Nantucket. On June 12. 1977. said Board of Appeals voted to grant tho requested special perait and a copy of said decision is on file with the ~~ntucket Town Clerk. Because of tho fact that this was the first cluster su~- division "pprovc..1 on Nantucket since the enactaent of the Zonine Uy-/.;lw in 1972. thero arc ambiguities in the Zoning Dy-Law which arose oncc the original petitioners .ade application to the Buildine Inspector for ~uildine permits. The purpose of this docul1ent. siened by the petitioners and the Nantucket Coard of Appeals, is to clarify thoso ambiguities In a ganner consistent with the spirit and intent of tho original application and decision. Therefore, it is arreed as follows: 1) Ground Cove~ - Althoueh tho Dy-Law 1Il~l;es no mention of r,rolUld cover in cluster su~divisions, tho 87 buildinc lots in petitioners plan shall be subject to a ground cover limitation of fifty (50\) percent. 2) ~ide Yard Set Backs - Although petitioners were cranted a variance from side yard requirelllcnts; in order to preservc their,villago concept, petitioners agree that if any bUildings ~re built closer than six feet to one another, each ~uildinr. lIlust have a three-quarter (3/4) hour fire wall ratine. . -..'..... ....'...,.. . -~----._.- ---.-.-----.--....-.- JUts k.. GUOOl.. E.O. ..ICIC....O J. GLlOOl... Ew. ep CCM.,.C ."_CC1' ....~11". ........ ....... . T&L. ..," -.....n. " \ I ,-,---- -..... .-------- ":J ,~ r '-'" 000191 o 1 ~HJ il :5 3) Dwellin"s per Lot - Tho BY-Lnw provides that four (4) dwelling .f . , :l , ' " units per acre arc allowed, but petitioners property is li.ited to a aaxi.ua of two (2) dwelling units on each of the 87 building lots and one caretaker's ,1 ",; dwelling on the remaining land. Executed as a scaled instrument the day and year first above written. FISIICItS LANDING CONSERVATION TRUST ~.QQ.."-.~~'. ~,^ Snelling R.\Br~~~ ~-*~ ~~ .. Al . Atwo , Trus e NANTUCKET BOARD OF APPEALS U) ,,' ( tIt. ~':" ,', Dy 0, I ~ \ .: 'k-\..,., L- wayne F: Jolmes, Chai~n C)(j:&lu;:.~'['!t':t {] O. Edward lIyde , ~J ';1 ;. v/l' Q'v, ' .( ,~. \ .,:':1" JU~1 h K. Bartsch , , '. :J 'J ;.1 co~r,IONWEALnl OF MASSAClIUSElTS Nantucket, 55. July II ,1978 Then personally appeared the above named Snelling R. Brainard Gnd ~cknowledced tho foregOing instrument to be the free act and deed of fishers LandinR Conservation Trust, before ac, " ~~~?)J~ Notary I'ub i ~y Commissf n Expires: \1...1.1, J'\t Nantucket, SS. July \ \ 1978 111M personal1,y appenred tho llbove n:la1ed I/ayno F. Holllles and ack- nowledged the forogoing instrument to bo tho freo act and deed of the Nantucket Board of Appeals, bofore ~o, H~~~ Hy Comais Ion Expires: \").. \ \1( \" - 2 - I ~-"--'. _..._~:~=~~=~ ~-~~~'':'::==.:'=~-~____ _~J C E RT I F I C AT ION of Fisher's Landing Conservation Trust I r- 1-- a four~acre parcel on the ,.... recreation and presr,rvation uses." "Mr. Glidden'reviewed the protected and reserve );;~f{~fg~~ area p 1 imsand The paragraph should read as follows: r- \ , :.' ,,-j:Y?F~!:Y:~'r::<';i\~~: that the Town would receive a ten foot bicycle path tobe:!ocated ~', .:;~~i~I~';i<i<~~':(J: the Madaket Roaq, and a four acre parce 1 on the shore ~tIP~gf~aJi ..- :,}~~~t"~~~.~i"~~'~!..i~t; be conveyed to the Town or is to be conveyed to an appropi'i.i1;~te '. ,:~_:_::::;-<:.,.;'''-,:-'::J~r;i~?,~{:~~;~:: servation organization or is to Le covered with restrictions':lns#~L r:.ai:a::::~~. ,ix of tho Board-, finding, r.ad., as,~~~~!ii~ liThe open land restriction as submitted by thepetit,~6.~\f~~r',:::, . - '" ""'. }r.,;/i'_,'.:: ~~t accordance,.with Sec. IV-A. 2(10) and (11) are in accord witn::,th',..? v"io", i:::::::::::':::::.:::O::::~;::: t~. i~hi tMtlilJ liThe open land restriction as submitted by the peti#on6~)in'Di" accordance with Sec. IV-A. 2(10) and (11) are in accordWi~~i~;,~~~~~~!f:':'i}I,(.~~ ,;~ ".",..,.".,;t,t;.%.llb.. :~ visions in that the open area is to be either; a) conveyed'~~Xf";' ',""'.' ''''',)'.; : .,r,)~!, of the Town, or b) conveyed to an appropriate conservation ~r~" 1) ;\.r':;~(.~l'" c) covered with appropriate restrictions for recreation and'~b'~s in thn By-Law." Ir~iL}ij t '< '..' ':' ,:, j-., corrections merely cause the record to '-," <~;: These corrections in no manner change the silihi6i-, ",.(: de:::.::.:: ::. ,::::.:: :::'::::e:::::.:::;~ilfl,if~~; in order and make adequate provisions for the pr:d~~~~i:~ri':,;,<:,> of the open l~d, " 'on.~l",ed.~y the By;4~~!~~~0ft:;~,! :::'~'~~:~:~';i~i;I!~t, agrees to be the substance of its ;,., ,,-..~. (I ... i "I \, ,-1 >~ I ..!; ~i' ';'>,""" '.; I .j ,~ " '..q ~ .~ I',' il. ~ ff''?2 (; .lSl ILl <5\ l; ~<l ,g ~i! lJ-g , ...sA 0 ,., i. ~ ~ 01 f~i .,- LJ '- , ' , ,'.;a~ . () .,,'.,,1' "<;~ ':WA ';~' I.J ..:~~'/i'i;,\""""i..,~~-V', ' ~ ' IX: "'\ . . 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'o+-, _s:~\ <.-- 11/ = ~a~ /- Z 95' I / - - .-.. / -..-. ,. 1/ . . . / -' I .' /~' .~-:bo.c:....K - ," .. ,. .. .. 5. .;. of +- o4,~, a ye. c......... LUG- 2- 2 a c-f'c.. S-- e7Jooo &'z A-. +-- 2q I: / /5/ S"-~cf~~fZ~d~ aLY<=-~+- ~c cs..le...- III:::" y.() I .. JJ~ - f*- II. 2 S~ <1> of ..ro-tn I a"'-~c ~ hc..___:-- /'kJ i k\'lO j >-;5 y cI a. C'T'C- l ~ l}Oo~ \ of+- r-- Ie' <J4.il ~ .-e::Sc.$Oc.n.4- " \\ \\ " \\ '\ 1\ " II II II II 'I II \1 II 1\ ",fA 'I It I\~ II. \I II 1\ II II 'I I, N 10 as-I' . '\ 11,' A + "-1 J:: 1> Cl 1 , , --L I 42 33.7 A lONG POND ~ lI,s,oo Town of Nantucket RECEIVED BOARD OF ASSESSORS ZONING BOARD OF APPEALS FEB 0 7 2005 TOWN OF NAN'riJcKET. MA LIST OF P ARTlES IN INTEREST IN THE MATTER OF THE PETITION OF PROPER TY OwNER......... a-:I;;../:-P:~1:'./, H Wf0Y HE " I . , - MAILfNG ADDRESSHHHH";HH~.~~~H"9H~;~ /frj PROPERTY LOCATION..... H' H' H;~;S- '3'" H" H<c:h-a:L.O ASS ES SO RS MAP fP ARCEL... .. . ~ (5,. , ... ." ... ... ... ..".... ..".. . .... .. ... , .. ".. , . APPLiCANT.......... 4.Jarr.#.. H' H .d..~--!............... SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners of land directl,.- opposite on any public or private street or way; and 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 139. Section 139-29D (2) " $~g,..~tId..~ .~a~ DATE' ASSESSOR'S OFFICE Town of Nantucket :il ~ ; o o m H Z .. '" ~ ~ ~ ~ '" '" '" .. "' "' "' "' .. 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