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HomeMy WebLinkAbout066-05 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: OCPcJ her 2<;', 200.5- To: Parties in Interest and Others concerned with the DecIsion of the BOARD OF APPEALS in the Application of the following: Application No.: O~ ~ --OS owner/APPlicant:_P-Q foc21 C. C)Sq)lO- a~cQ Gol'[ C. OrCW1~ 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. ---- ~\~~ 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 69 Parcel 34 RC-2 44 Nobadeer Farm Road LC Plan 14342-H, Lot 6 Certificate of Title No. 17193 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, October 14,2005, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of RAFAEL E. OSONA AND GAIL E. OSONA of c/o Sarah F. Alger, P.C., Two South Water Street, Nantucket MA 02554, Board of Appeals File No. 066-05, the Board made the following Decision: 1. Applicants are seeking MODIFICA nON of SPECIAL PERMIT relief granted under Nantucket Zoning By-Law Section 139B-9B(2)(b) in the Decision in BOA File No. 074-95, which allowed commercial storage and warehousing use of a structure to be used in conjunction with their antique business. Said Decision also allowed the "occasional retail sales of same." Applicants are now seeking to be allowed to be able to have full time retail sales out of an about 1,332 square-foot portion of the existing structure with the remainder dedicated to storage and warehousing. Applicant would provide the additional two parking spaces required, for a total of eleven on site. The structure would continue to meet all dimensional zoning requirements. An on-site loading zone is also provided. The Locus is conforming in all respects as to zoning requirements. The Premises is located at 44 NOBADEER FARM ROAD, Assessor's Map 69, Parcel 34, Land Court Plan 14342-H, Lot 6. 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 because the matter was not of planning concern. There were no letters on file 3. Applicants, through counsel, explained that the Premises is benefited by a previous grant of Special Permit relief duly issued by the Nantucket Zoning Board of Appeals in the Decision in BOA File No. 074-95. This Special Permit was issued pursuant to Nantucket Zoning By-Law Sec. 139-9B (2)(b) (storage and warehousing) to allow the use of a commercial structure for storage and warehouse and used for the interior storage and display of antiques and other items of personal property ,as well as "occasional retail sales of same". Applicants' counsel stated that the Applicants now wished to conduct full time retail sales out of a portion of the commercial warehouse building but would limit the retail area of the conforming about 3627 square-foot structure to no more than about 1332 square feet of the warehouse area immediately abutting the parking area. Applicants also requested that the Board approve the substitution of a new Exhibit "A" site plan for the Premises showing sufficient parking, loading zone, green space, plantings and driveway material and improvements, a reduced copy of which is attached hereto. Additionally, Applicants offered to limit the hours of retail operation to Monday through Saturday between 10:00 A.M. and 4 P.M. The required parking was represented to be as follows: P ARKING CALCULATIONS Sec. 139-18 "C" Warehouse "B" Retail "B" Employees REQUIRED and PROVIDED Size (S.F.) 2268 s.f. 1332 s.f. Requirement 1/900 s.f. 1/200 s.f. 1/3 Calculation 2.52 6.66 1 Space 3 7 1 11 4. Therefore, based upon the foregoing, the Board finds that the Modification of the Decision in BOA File No. 074-95, to allow full time retail sales out of a portion of the structure and the substitution of the aforementioned Exhibit "A" as the plan of record in this matter, would be in harmony with the general purpose and intent of the Zoning By- Law and would be in keeping with the fmdings in the previous Decision, especially with the applicable condition from the original Decision continuing to remain in force. 5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested MODIFICATION of the SPECIAL PERMIT issued in the Decision in Board of Appeals File No. 074-95, to alter the use ofthe structure as proposed and substitution of a new Exhibit "A". The relief is hereby conditioned upon the following, including the applicable condition from the Decision in BOA File No. 074-95 incorporated below in (g): (a) The site plan and parking area shall be done substantially as shown upon the "Parking Plan" done by Charles W. Hart & Associates, Inc., dated August 22, 2005, and revised October 12,2005, a reduced copy of which is attached hereto and marked as Exhibit A; (b) There shall be no storage containers, other than Applicant's delivery truck, stored in the parking area on the lot when the retail business is open to the public; (c) The retail sales area shall be limited to a maximum of 1332 square feet; (d) Retail sales to the public shall be limited to the hours between 10:00 A.M. at the earliest and 4:00 P.M. at the latest, Monday through Saturday; (e) There shall be no public auctions conducted or permitted on the Premises; (f) There shall be no exterior storage of goods"or materials, including antiques or other retail items, and specifically not within the designated parking area of the lot, with the parking area available for use by the public when the retail business is open to the public; and (g) Applicant shall insure that there is adequate natural screening along the perimeter of the premises and in the event that existing trees and/or shrubbery are removed or eliminated on land adjacent to the easterly and southerly sides of the premises, Applicant shall replant and maintain natural screening around the perimeter with a minimum height of three feet on the subject Premises in its place; .J 6. In separate action, the Board APPROVES Exhibit A as the site plan for the purposes of site plan review as required under Nantucket Zoning By-law Section 139-23, by a UNANIMOUS vote. Dated: October 2",2005 ZONING CLASSIFICATION: (\. ~'. -.~ . c:~~ V1 ~..-, , I MIN. AREA; . . .'-~<?op .0:~. . MIN. FRONTAGE; . . -1-9. 1;'.7~ . . . FRONT YARD S.8.: . ;2..~ F.T: . . REAR & SIDE S.B.: . .--!f .F.T. . . GROUND COVER (7.): .0""'P.O(". . ;ex I .s T. ,c 0 T' ..'1 R 10 A. ~ /18 G C;; :i: 5.P GR:I";~N ..5?AC/"'," =. 3000::/::: SF' (;25 X 0;9 - 43 n/I' {~~~-- ;^ve/.... I...AN.UR:o TR 80.00 ~ po. STY'. w/r ~ CoM MR:. '" CIA/... BUI/",.l),NG /. L< /"f-' 11< \'J G.e. = 3G;.:c7 :to -S,p :;:; C!J "- li( , iL Q :: tr) lJ '< Q <') J Z Q N / r; ..... 0....( /' I ~ < 0< C) ." 1,\ () '" kJ .< /' /' " ,~ ./ () "l J.. ,..;; WA,-,K , "'"- "- 7 'v,, k; OJ .: ~ ", NANDI- I<) '2, '- '" CAPJi't.=;D "- '.-;0' rq ',(0 G2 20 li-ll It.: [jr)__ ! 'Il" ! ,Ii, Q! g OJ I 're,. '\ c( I 3 0) ^ ! "- ~ ;) ...J \.' 0 "l- /o I Gj s I 1/ G R.. FARM AD, ..~.' - tI \.. cj~tVi~ ?-,[1.Jtft.;jr J" L_~ '-. r'2 -- O_fT PA.?.-KiNG ?/.-AN OF LAND IN NANTUCKET, MASS. /(ev. 10-'2. "," SCALE: 1"- ;20' DATE: AUG.ZZ, ;20~)5' Owner:~~~r:"~7-.'<:;. .&,G.r':/~,.~~ P:5.o('l0. . /:'OT G Deed: ~~.c.;o~:-/:~9.~ Plan .<".f(:.J-y..p-:1;?-i'T. Locus 1--:J-,1'f91f3--:'--P~~f.'.~~(cM ~]), . CHARLES W. HART & ASSOCIATES, SANFORD BOAT BUILDING 49 SPARKS AVENUE NANTUCKET, MASS. 02554 (508) 228-8910 Inc. NOT TO BE RECORDED. H-4315 C\JOBS\C'IIH\BlJ> 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, OCTOBER 14, 2005, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: RAFAEL E. OSONA AND GAIL E. OSONA BOARD OF APPEALS FILE NO. 066-05 Applicants are seeking MODIFICATION of SPECIAL PERMIT relief granted under Nantucket Zoning By-law Section 139-9B(2)(b) in the Decision in BOA File No. 074-95, which allowed commercial storage and warehousing use of a structure to be used in conjunction with their antique business. Said Decision also allowed the "occasional retail sales of same." Applicants are now seeking to be allowed to be able to have full time retail sales out of an about 1,332 square-foot portion of the existing structure with the remainder dedicated to storage and warehousing. Applicant would provide the additional two parking spaces required, for a total of eleven on site. The structure would continue to meet all dimensional zoning requirements. An on-site loading zone is also provided. The Locus is conforming in all respects as to zoning requirements. The Premises is located at 44 NOBADEER FARM ROAD, Assessor's Map 69, Parcel34, Land Court Plan #14342-H, Lot 6. The property is zoned Residential- Commercial-2. [\1QQ UJ~- Dale Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. r \ NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 F'EE: $300.00 CASE NO. &01)1 APPLICATION FOR RELIEF Owner's name(s): Rafael E. Osona and Gail E. Osona Mailing address: C/O Sarah F. Ale:er. P.c.. 2 South Water Street. Nantucket 02554 Applicant's name(s): Rafael E. and Gail E. Osona Mailing address: Same as above Land Court Plan No.: 14342-H Assessor's Map/Parcel: Lot No.: ~ 69/34 Locus address: 44 Nobadeer Farm Road Date lot acquired: 02 I~/~ Cert. of Title: 17.193 Zoning District: RC-2 Uses on Lot - Commercial: Yes (describe) Warehousine: and occasional retail Residential: Number of dwellings Duplex_ Apartments Rental Rooms Building Date(s): All pre-date 7/72? ~ or Building permit Issued 3/6/96 C ofO(s)? Yes. 12/27/96 Building Permit Nos: # 12972-96 Previous Zoning Board Application Nos.: 074-95 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: c5 u-, PLEASE SEE ADDENDUM, ATTACHED :,/) -J f'J -'" - --, ,-' >-~ SIGNATURE: William F. Hunter Es . for Osona (If not owner or owner's attorney, please enclose proof 0 ag ncy to bring this matter be ore the Board) ~ FOR B 0 I Application received onrZS/~J By: FiledwithTownClerk:~2>lJ~ ___ Ul _ / Fee deposited with Town Treasurer: lap By:~aiver requested?: Granted:_/_/_ Hearing notice posted with Town Clerk:~2LP~:-2ldkO~M:--0 )(~ IUI G /~ Hearing(s) held on:_/_/_ Opened on:_/_I_ Continued to:_I_I_ Withdrawn?:_I_/_ DECISION DUE BY:_/_I_ Made:_/_/_ Filed wrrown Clerk:_/_I_ Mailed:_/_/_ DECISION APPEALED?:_I_/_ SUPERIOR COURT: LAND COURT Form 4/03/03 C? U1 I certify that the information contained herein is sub tantiall omplete and true to the best of my knowledge, under the pains and penalties of perjury. Addendum Nantucket Zoning Board of Appeals Application 44 Nobadeer Farm Road The Locus is located in the RC-2 Zoning District as well as the Multi-Family Overlay District under the Nantucket Zoning By- law (the "By-law"). The Premises is improved by a one (1) story wood frame warehouse, built pursuant to Nantucket Building Department Building Permit No. 12972-96, and is benefited by Certificate of Occupancy of the same number, issued December 27, 1996. The Premises is conforming as to lot area, containing about 11,970 +/- square feet where a minimum of 5,000 square feet is required, and otherwise conforms to all requirements of the RC-2 zoning district, including frontage, having frontage on both Nobadeer Farm Road and Square Rigger Road in excess of the 40 feet required in the District. The structure improving the Premises has ground cover of about 30% or 3624 +/- square feet in a Zoning District that allows ground cover of 50% for conforming lots. The existing structure conforms to all other requirements of the By-law, including front, rear, and side yard setback. Locus is further benefited by a Special Permit duly issued by the Nantucket Zoning Board of Appeals in BOA File No. 074-95. This Special Permit was issued pursuant to Nantucket Zoning By- Law Sec. 139-9B (2) (b) (Storage and Warehousing) to allow construction of a commercial warehouse building to be used for the interior storage and display of antiques and other items of personal property , as well as "and occasional retail sales ox same" . Applicant now wishes to have the Zoning Board of Appeals modify the above referenced Special Permit pursuant to Nantucket Zoning By-Law Sec. 139-29 E. (2) (Board of Appeals Powers) to allow full time retail sales on the Premises out of a portion of the existing and permitted warehouse. To accomplish this, the Applicant wishes to dedicate 1332 +/- square feet of warehousing to full time retail. Further to the parking requirements of Sec. 139-18 of the By-Law, Applicant will provide 2 more parking spaces in addition to the 9 spaces and loading zone currently existing on Locus. Applicants' request is meritorious and the relief requested may be granted without derogating from the health, safety, convenience, morals and general welfare of the inhabitants of the Town of Nantucket nor the Purpose of the By- Law. PARKING CALCULATIONS Sec. 138-18 Size (S.F.) Requirement Cal. Space 1332 s.f. 1/900 s. f. 1/200 s. f. 2.52 3 "C" Warehouse 2268 s.f. "B" Retail 6.66 7 "B" Employees 1/3 Required 1 IT <.:~~u- .L 2.~ Sec. 139-20 Off Street Loading 1 1 Sarah F. Alger E-Mail sfa@nantucket.net Sarah E Alger, EC. Attorneys at Law Two South Water Street Nantucket, Massachusetts 02554 Alison Sweet Zieff E-Mail asz@nantucket.net Telephone (508) 228-1118 Facsimile (508) 228-8004 August 23, 2005 BY HAND Linda Williams, Administrator Zoning Board of Appeals Chestnut Street Nantucket, MA 02554 RE: Rafael E. Osona and Gail E. Osona 44 Nobadeer Farm Road Nantucket, MA 02554 Modification Request: Special Permit BOA File No. 074-95 Dear Linda: On behalf of Rafael and Gail Osona, owners of the improved property located at 44 Nobadeer Farm Road, enclosed please an Application for Relief, with three counterpart copies attached thereto, as well as an filing fee check in the amount of $300.00. Mr. and Mrs. Osona were granted a Special Permit in BOA File No. 074-95 allowing the construction of a commercial warehouse to be used for storage and display of antiques as well as, "...occasional retail sales of same. If The Osonas now wish to have the Board modify the herein described Special Permit to allow full time retail sales out of a portion of the permitted warehouse. Sarah E Alger, He. Please mark this matter for hearing at the October, 2005 meeting of the Board of Appeals. Please feel free to call me with any questions or comments that you may have for me with respect to this application. WFH/ Enclosures ~~P-13-2Q05 1~05:39 PM WANNACOMET WATER COMPANY FAX NO. 5083255344 P. 02/0~ WANNACOMET WATER COMPANY " ^ _4~ ..~ 1 Milestone Road Nantucket. MA 02554 Nantucket Water Commission Nelson K. Eldridge Noreen Slavitz David D. Worth Robert L. Gardner General Manager September 13, 2005 Telephone (508) 228-0022 Facsimile (508) 325-5344 www.wannacomet.org Ms. Linda Williams Zoning Board of Appeals 1 East Chestnut Street Nantucket, MA 02554 By Telefnx RE: Certificate of Water Quality Compliance 44 Nobadeer Fann Road Dear Linda. 1 have reviewed the Application For Relief ofRa{ael and Gail Osona regarding the use of the above referenced property. Additionally, I have reviewed a plan ofthe property prepared by Charles W. hart & Associates dated August 22, 2005 and offer the following, 1. The property is located within the existing Wellhead Protection District. 2. The installation of a macadam driveway apron, and the addition of two (2) parking spaces, one of which is handicap space with suitable pavers, and a paved pathway to the front door will not have an adverse effect on groundwater quality. Therefore, tbe Wannacomet Water Company finds that this project meets the requirements of fJ39-12 of the Town of Nantucket Zoning By-taws, and hereby issues a Certificate of Water Quality Compliance in accordance with ~q 39-12B(3)(0} of the Town of Nantucket Zoning By-laws. Sincerely, W ANNACOMET WATER COMPANY ..-- ~Il ~\..~.-~- Robert 1. Gardner General Manager Cc; William F. Hunter -. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: January s-' , 19 96 To: Parties in Interest and, Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 074-95 Owner/Applicant: MARY ANN EGAN FOR HERSELF AS OWNER AND FOR'GAIL E. OSONA CONTRACT PURCHASER 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~ 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 'U139-301 (SPECIAL PERMITS); ~139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS Map 69 Parcel 34 RC-2 44 Nobadeer Farm Road LC Plan 14342-H, Lot 6 Certificate of Title No. 6391 At a Public Hearing of the ZONING BOARD OF APPEALS held at 1:00 p.m., Friday, December 8, 1995, in the Selectmen's Meeting Room in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of MARY ANN EGAN FOR HERSELF AS OWNER AND FOR GAIL E. OSONA, CONTRACT PURCHASER c/o P.O. Box 2607, Nantucket, Massachusetts 02554, Board of Appeals File No. 074-95, the Board made the following Decision: 1. Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law ~139-9B(2) (b) (storage and warehousing). Applicant Osona proposes to construct a commercial warehouse building that will be used for the interior storage and display of antiques and other items of personal property. The premises are located at 44 Nobadeer Farm Road, Assessor's Map 69, Parcel 34, and shown as Lot 6 on Land Court Plan No. 14342-H. The premises are zoned Residential-Commercial 2. 2. The Decision is based upon the Application and materials submitted with it, and the testimony and evidence submitted at the Hearing. The Planning Board recommendation was unfavorable. The Planning Board sought information about a site plan. Applicant submitted this site plan at the Hearing. 3. Applicant Osona represented to the Board that the proposed commercial building would be used for the interior storage and display of antiques and other items of personal property related to the Applicant's auction business on Nantucket. Although retail sales are permitted in this zoning district the Applicant represented at the hearing that there would be no retail sales but for occasional yard sales. Applicant will provide the required off-street parking and loading zone on the premises. The Board requested additional information about proposed landscaping and off-street parking, and, specifically, natural screening around the perimeter of the premises. Applicant Osona proposed to maintain the natural screening around the perimeter of the premises and in the event that the existing trees and shrubbery adjacent to the easterly and southerly boundaries of the premises are removed or eliminated, then, in that event, Applicant Osona agreed to replant and to maintain shrubbery or trees three (3') feet in minimum height on the premises so that there would be a natural screening at all times around the perimeter of the premises. 4. Accordingly, by a unanimous vote the BOARD grants a SPECIAL PERMIT under Nantucket Zoning By-Law ~139-9B(2) (b) to allow the use of a proposed commercial warehouse for the interior storage and display of antiques and other items of personal property, and occasional retail sales of same, subject to the following conditions: A. The proposed construction on the premises shall be built substantially in accordance with the Construction Plans prepared by Morton Building Corp. dated ~.,/99S- , 1995 submitted herewith and on file with the Board'of Appeals, and the Osona Off-Street Parking and Loading Zone plans attached hereto; and B. Applicant shall ensure there is adequate natural screening along the perimeter of the premises and in the event that existing trees and/or shrubbery are removed or eliminated on land adjacent to the easterly and southerly sides of the premises, Applicant shall replant and maintain natural screening with a minimum height of three (3') feet on the subject premises in its place. Dated: Nantucket, MA DeccmbcF S-, 199' ~ ~ thvn bill tt& ANN BALAS ~~~.~udt01?~ LINDA WILLIAMS MICHAEL ANGELASTRO 'fiP.1r~)~ WILLIAM HOURIHAN ^)OBi~DEE~ FAf~\ KVA~ ------ o~ , ~, ..... Z<::>' ,o~ I 'f' ~' _~ (.. C:.. {~... l " . cr, d)'P' /~ j v 15 . ',) \.. ___ 0$ I '. - - rp -J:. ~ v\ ......> avo~ wav~ ~aaavHoN ~~ NV'Id aNOZ ~NlavO'I aNY ~NI~Vd laa~lS-~~O VNOSO , / \ l ~ }:; v) (\... \J > ;:2'J (--' > 70 f\i '-;1) I ' ~ q- II, ~ ;:.J d ~r'-' j I , Map 69 Parcel 34 -I i . ; II' -AC. n., ,}. \(.0> '" ~., 'l~-:ot..~ ~~ '}.)g .JIP'"' v~e., fifE INIfAllrrANTS OF THE TOWN 01' NANTUCKET NANTUC:K!T __'AL AIRPOftT 11-1 T tit: _MlT.....TS OF TI NANTUC:K!T II E 110 71 "'~. ZONING CLASSIFICATION: (\. ~'. -. ~ . MIN. ARfA: . . .~<?P.~ .\5: 0'. . MIN. FRONTAGE: . . -1-9. i;:r. . . . FRONT YARD S.B.: . (2..0. J.=".T. . . REAR & SIDE S.B.: . ,-.5.' .F.T. . . GROUND COVER (To): .~P, 0(0. . . ~9-4'8 n/.,l' />-f..J... ~AJ'f.I.Ne. T"R. .' 80.00 . ~ ~ ;:. s.,...~. w/F' CoMN~R.C/,A.'(" .8ulI...~/N~ o o G Ie) " ~ ~. 14< 'c. -< <') .,. ~ ......., 0) r. ~ \!l , rq ~ ~ /'1-' ~ (') G.C." .3G27 ~ :t: S.P. (/) ~ Ill, <(Z:l<) (,!) 0 0<<) Cl 1 Z o II< ..... to '-< 0< \'< " ~ 7 ~ \\l a( I ZO'Cry,P.) J!!: " "\ .3 ~ 0);1, t :J l- v Qj , -1- /~ . . CI) I \ , S" tD M 30' , , , , 35.00 NOBAJ)ZER.. FARM R. .D. ,PAR-Xl N G EL A N OF LAND IN NANTUCKET, MASS. SCALE: ,.. zo' DATE: AUG.Z2, 2005 Owrier:~~f'~~~..E;". ~.G.~/f.-,~: P-:5P!"("o.. . "cOT G Deed: ~.~..c~ ~ :: .' r ~ 9, ~ Plan,(,.' f:-,.I'1--?"'!:?- -.k. Locus '1-':1-.1"f9.lfJ~P~~~. .J;'~~M -!?-P: . . Inc. CHARLES W. HART & ASSOCIATES, SANFORD BOAT BUILDING 49 SF ARKS AVENUE NANTUCKET. MASS. 02554 (50s) 228-8910 H-1-915 NOT TO BE RECORDED. C:\J08S"\CWIf\8lJ' ~ ~ ~ o l'- C d :z t- a5 ~ ~ (.) o o ", 00 ~ ~ o ~ o .i .... tiI 2 {:l ~ It ~ . -=.. -- .. - -;...::.:- "- .~~ I <! -. ,. " .. . --""'/'" - '<..~ -.-::" .--. ""-'" ... .' 070948 OUI~CLAIM DEED I, MARY ANN EGAN, of P.O. Box 435, Nantucket, MA 02554 in consideration of ONE HUNDRED THOUSAND AND 00/100 ($100,000.00) ...1 DOLLARS paid grant to RAFAEL E. OSONA and GAIL E. OSONA, husband and wife as joint tenants with right of survivorship, P.O. Box 2607, Naptucket, MA 02584, with QUITCLAIM COVENANTS, '. ' '\... ' the land situats at 4'4 Nobade.er Fa.n.~. Road in !{antucket To~'m a.nd County, Massachusetts bounded and described as follows: Lot 6 shown on Land Court Plan 14342-H, drawn by Michael S. Bachman, Surveyor, dated April 30, 1978 and filed with Certificate of Title No. 6391 at the Nantucket Registry District for the Land Court. Subject to a Certificate of Granting of special ~ ..7An~'Y Town of Nantucket Board of Appeals, dated eQgQmQ~ registered as Document N~. 7oq~7at said Registry District. permi t by the S- , 19~ and SUbject to the restriction, for the benefit of other land of the grantor, that said Lot 6 shall not be further subdivided so as to c~eate additional building lots. Subject to rights, easements and restrictions of record as set out in certificate of Title No. 6391 insofar as the same are in force and applicable. For Grantor's title see certificate of Title No. 6391 at Nantucket Registry District. '. ,,:~~~:' '. ,~.... ::~':.~'1 .~ t:'.. r \,.: ',':":: t I ]X. l>'~I:' ;;~.t;?~(l, .C!. c... ~::! ::, 0(';"1",.:..: ...." '.. . . .~.'. .. : >~9.~::')::~~~k__~- i ... .. '-A~~~." . ......: '. ~ ',. C-...:. , . .._ __ .....0 . . "'4 070948 WITNESS my hand and seal this ~ 1996 COMMONWEALTH OF MASSACHUSETTS ", . f Nantucket , ss .February C ,1996. Then personally appeared the above-n~med Mary Ann 'Egan a~d acknowledged the foregoing instrument to be her free act an~ deed . before me, ., "~ My Commission Expires: '-\ \~~ \ '\(' .' . .::" Notary PUblic . '.' T, I:i:EL.S. t;[;; 16 ,..',.. Nf&~~':~L:t~.{[:-;-: ;"fi'X CAS~: . , . '>,:l::' ,,: 'l'" ..-r.....1lJ. \l \.- . - ~i56,,(;::1 788.-:;tiJOn ~t:f.O:~ EXCI SE.:,. ."rt:;>~ ",: . FORM E Book 91 Page 176 m:ransftr ((trtificatt of m:itlt. No. 17,193 From Transfer Certificate No. 6391 Originally Registered December 29th, 19 71 , in Registration Book 32 Page 191 for the RAFAEL E. OSONA and GAIL E. OSONA ., Registry District of Nantucket County. tEbis is to lZCtttifp that P.O. Box 2607, of Nantucket -f in the County of Nantucket and Commonwealth of Massachusetts, 02584 married to each other., are the owners in fee simple as joint tenants with right of survivorship, of that certain parcel of land situate in Nantucket,' in the County of Nantucket and said Commonwealth, bounded and described as follows: Lot 6 on plan numbered 14342-H, drawn by MichaelS. Bachman, Surveyor, dated April 30, 1978, filed with Certificate of Title No. 6391 ~t the Registry District of Nan- tucket County. Subject to the restriction, for the benefit of other land of the grantor (Mary Ann Egan, Document No. 70948), that said Lot 6 shall not be further subdivided so as to create additional building lots. And it is further certified that said land is under the operation and provisions of Chapter 185 of the General RAFAEL E. OSONA and GAIL E. OSONA to said land is registered under said Chapter, subject, howev~r, to any of the encumbrances mentioned in Section Laws, and that the title of said forty-six of said Chapter, which may be subsisting, and subject also toe: as aforesaid. WITNESS. ROBERT V. GAUCHON Esquire, Judge of the Land Court, at Nantucket in the County of Nantucket the seventh day of February in the year nineteen hundred and ninety-six at three o'clock and four minutes in the after noon. Attest, with the Seal of said Court, ~-d k.~ /' Auistant RlCord~. Land Court Case No. 14342 Document No. 70948 rI\ cr- w ~ '" i5 -l c ~ !;j ~ ...la ~ 00 ~i , 1 9t; "'- <2 '" ~ ~ ~ - -. ~ .~ ?;J ?;J ~ ~ ~ ~ ...15 N ::; .q .q ~ .q :i 0 0 0 ~~ ~ '" '" '" '" '" :d .... 0 .... .... .... .... <'" 10 '" '" Q- ~ i~"' . '" '" '" '" '" 0....... .... > "'.0 "'.0 "'.0 "'.0 :R '" OJ '" 0 '" .. '" .. '" .. '" .. ....0 ....z ....... ....... ...."" ....... ..~ o~ '" ~ '" '" '" "' ~~ .... "' ~~ '" '" '" '" Q~ .... ... 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