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Home My WebLink About031-02 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: 001 ~ 4 , 20 L/ l To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Owner/Applicant: u3{~O;;;L B\'C C'ulu('UO J~. I 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 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. ~a:;;~ cc: Town Clerk Planning Board Buil~ing Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND V^RIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING' TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (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 26 Parcels 5, 6 & 54.4 LUG-3 33-35 Quaise Road Plan Book 6, Page 53 Lots 3&4, Plan File 6-A, Lot 1 Book 654, Page 017 At a Public Hearing of the Nantucket Zoning Board of Appeals, originally noticed for April 5, 2002 and continued without opening to 1:00 P.M., Friday, May 10,2002 and opened and further continued to 1:00 P.M., Friday, June 14,2002, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application ofRIC CALVILLO JR., c/o Vaughan, Dale and Hunter, PO Box 659, Nantucket, MA 02554, Board of Appeals File No. 031-02, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law Section 139-33 A (alteration! extension of a pre-existing nonconforming structure/use), or in the alternative, a VARIANCE under Section 139-16A (Intensity Regulations). Applicant proposes to demolish two (2) ofthree (3) said to be pre-existing single-family dwellings, a cinder block garage/apartment and a separate one-story single-family dwelling. The Zoning By-Law allows a maximum of two (2) dwelling units on a lot in this district. Applicant then proposes to reconstruct a new conforming garage/apartment and separate two-story single-family dwelling. The third two-story dwelling unit would remain unchanged and all setback requirements would be met by the new structures. The required on-site parking spaces would continue to be provided. The existing ground cover ratio is about 7.8%, in a district that allows a maximum ground cover ratio of 3%. The total ground cover ratio, after completion of the project, would continue to be about 7.8%. In addition, the Locus is nonconforming as to lot size with the Lot containing about 30,863 square feet of area, in a district that requires a minimum lot size of 120,000 square feet; as to frontage, with the Lot having about 166.43 feet of frontage along Quaise Road, in a district that requires a minimum frontage of 200 feet; and as to setback, with the third dwelling being sited as close as about 9.7 feet from the easterly side yard lot line, in a district that requires a minimum rear yard setback of20 feet; and as to front yard setback, with the garage/apartment being sited over the front yard lot line in a district that requires a minimum front yard setback of 35 feet. The Premises is located at 33-35 QUAISE ROAD, Assessor's Map 26, Parcels 5, 6 and 54.4, Plan Book 6, Page 53, Lots 3 and 4, Plan File 6-A, Lot 1. The property is zoned Limited- Use-General-3. 2. The Decision is based upon the Application and the materials submitted with it, the testimony and evidence presented at the hearing and live testimony and letters from neighbors and abutters, which were presented in favor of the Application. There was no opposition to the requested relief The Planning Board recommended that if the Applicant demolished the third, non-conforming dwelling, situated in the front-yard setback and extended into a portion of Quaise Road, that VARIANCE relief would be required to reconstruct that dwelling and that the Board should deny the requested relief However, the Planning Board stated that elimination of non-conformities should be encouraged. 3. Applicant presented evidence, verified through testimony of an abutter, that the Premises consisted of three free-standing buildings, all used as dwellings units, and constructed at a time starting prior to World War II. As the three dwelling structures were built over a number of years between World War II and some time prior to the adoption of the Zoning By-Law on Nantucket in July, 1972, the Board found them to be validly grandfathered in their present configuration and locations and were thus protected pre-existing nonconforming dwellings. 4. Applicant's counsel stated that Applicant wished to bring the Premises into conformity to the extent possible without diminishing the grandfathered rights in the Premises. Applicant wished to remove/demolish a single-family dwelling/garage that partially encroached into the layout of Quaise Road and sited completely within the required 30-foot front yard setback area. Applicant proposed to then build a replacement dwelling/garage consisting ofless ground cover, conforming as to the front yard setback area and outside of the grandfathered 10-foot side yard setback area. The proposed structure would continue to be used as a garage with an apartment over it and would be in compliance with all setback requirements, thus lessening the setback nonconformities of the Locus. Applicant proposed to dedicate the difference in ground cover not used in the smaller garage in a newly constructed main central dwelling designed to take the place of a second removed/demolished dwelling sited within the buildable yard ofthe Premises. The third dwelling on the Premises is to be left as is with the exception of roof and sidewall shingling renovations and replacement of existing exterior doors and certain windows, which is allowed as a matter of right without relief from this Board. The net result of the Applicant's proposal would be the same number of dwelling units and structures, which is three, as currently exist on the Locus, and would result in the same ground cover currently existing on the Locus, after demolition/removal and reconstruction of the two new dwelling units, plus the maintenance of the existing third unit, of about 2600 square feet. The Locus would then meet front yard setback requirements with the elimination of the garage/dwelling unit with the setback nonconformity and road encroachment. 5. A Board member requested precedent for a SPECIAL PERMIT for the requested relief Applicant's attorney cited previous Zoning Board of Appeals Decisions wherein pre-existing nonconforming structures with respect to ground cover ratio were demolished in their entirety and reconstructed within the buildable part of the yard through SPECIAL PERMIT provided that there be no increase in the nonconforming ground cover that existed on the Lot prior to demolition and reconstruction. Specifically, Applicant's attorney cited Zoning Board of Appeals Decisions No. 033-00, Vaughan; 061-00, Ridder; and 030-93, Ridder. In the Vaughan Decision, one dwelling of a two-family structure, nonconforming as to ground cover ratio and front yard setb~9k was, in part, dem~lished. In other words, one of the dwellings was demolished altogether, leaving a single-family dwelling conforming as to setbacks and ground cover ratio. The Vaughan Decision then provided for the reconstruction of the replacement second dwelling, with the same ground cover as had been demolished, however within the buildable part ofthe yard. The Decision also allowed two stories for the newly constructed dwelling wherein the original dwelling was single-story. The net result was two dwellings with a combined ground cover ratio in the same amount as originally constructed, nonconforming as to ground cover, however, conforming as to front yard setback. This relief, allowing the demolition and reconstruction of the second dwelling, was granted by SPECIAL PERMIT. In the 1993 Ridder Decision, a single-family dwelling, pre-existing, nonconforming as to front yard setback was demolished and a substantially larger house built in its place within the front yard setback. 'Ridder" is not altogether on point as present Applicant wished to demolish a dwelling and reconstruct outside the setback. However, the Board finds Ridder informative as it illustrates the Boards' prerogative in demolition and reconstruction through SPECIAL PERMIT. 6. In the Calvillo Application before us, Applicant's attorney stated that the Application had been made seeking either SPECIAL PERMIT or VARIANCE relief and that he was prepared to present argument to the Board for a VARIANCE if the Board of Appeals felt a VARIANCE was appropriate, as well as additional Board of Appeals cases that would illustrate grants of relief for the demolition and reconstruction of dwelling units on lots that contained in excess of the maximum allowed on one lot of two. Applicant's attorney stated, in that event, he would discuss the location of the septic system and proximity of the coastal wetlands, which together constrain Locus. A majority of the Board did not feel the need to discuss the issue of V ARIANCE as the Applicant was correcting a number of nonconformities while maintaining the use and ground cover ratio of the structures on the Locus. 7. While the Board does not find the Applicant's reference to the cases in which the Board allowed a Premises to retain the benefit of a grandfathered nonconformity, even though a portion of a building or a building in its entirety is for a moment in time made more conforming during the course of its demolition and reconstruction, provided that the nature of the nonconformity is ultimately not altered or increased, to be precedental, it does find the requested relief in the instant case to be appropriate by Special Permit. Accordingly, upon a request from the Applicant to withdraw without prejudice the request for Variance relief, the Board allowed said request by a unanimous vote. 8. Therefore, based upon the foregoing, the Board finds in light of the fact that the Applicant's proposal will eliminate the front yard setback nonconformity altogether, which would also remove the encroachment of a building onto a public way (Quaise Road); and result in ground cover that has existed on the Premises since a time prior to the adoption of the Zoning By-law on Nantucket, that the proposed demolition, and reconstruction of two ofthe three dwellings on the Premises will not be substantially more detrimental to the neighborhood than the nonconformities related to ground cover and number of units. 9. Accordingly, by a vote of four in favor (Toole, Waine, Murphy and Sevrens) and one opposed (Loftin) the Board GRANTS the relief by SPECIAL PERMIT under Nantucket Zoning By-Law Section 139-33(A) upon the following conditions: (a) The demolition and reconstruction of the two of the three dwelling units known as the "Boathouse" and the "Commons," shall be done in accordance with a plan drawn by Charles W. Hart, dated June 13,2002, submitted with the Application, a reduced copy of which is attached hereto and marked as Exhibit "A", with the following exception: (i) The ''Boathouse'', which to be the garage/apartment, shall maintain a 20- foot setback from the westerly property line, notwithstanding the fact that the Premises is a lot of record and is allowed a minimum side yard setback distance of ten feet. (b) The resulting ground cover shall be no greater than the current ground cover of 2600 +/- square feet, as shown on Exhibit "A", with a maximum of three dwelling units on Locus; ( c) The demolition, construction and renovation of the existing dwellings shall be done in substantial conformance with the Certificates of Appropriateness Nos. 39651 and 39444 issued by the Nantucket Historic District Commission, as may be amended; and (d) The ''Boathouse'' may be rented, if at all, on a year round basis only, and under no conditions, short term or seasonally. (031-02) Dated: July'.:{Y, 2002 NANTUCKET BOARD OF APPEALS: \ - ~ 'G( /\tJC~ ~ ,-d' ~ Nancy Sevrens C. Richard Loftin C 7 / " ./ ~.~-' .~ ~ Edward MurPhy ---- C ~/ "-- <~<{3l~ HMO! H'-.,". 'lIWLI ~\~ ;tii~Vn B l: (d ~Z llr zo. .,"! " 1 ' . -':.J \.J _~ -"I .:1 a (/ " . p t I- ... ~ 0 ~ . ~ 001,;;0.0 ~..."'l "'l "I 4 0( l,j " ~ ~ I-- u~~~ : ~ < ~ ~ .. Q I i ~ '" '" It: '" .. 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N t.,...,. ~ ~ , w rl ~ 0\ ~f: J I i:O ~g Ii! ~.w :rp: ~7;" tbc offlr.c Qf ~he T~~ ct.rK: 'f!;till C ~ eTli.~ Dl..OE e~i!~8DSi "DS"-S2t:.-BOS ~d"~.~W~~ ~ .(eo . w.~,.,It^ ....q PP'l ':j .~U1 1 trDStr-S2E:-BOS liweqpl'l '.:J epu~l 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, APRIL 5, 2002, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: RIC CALVILLO, JR. BOARD OF APPEALS FILE NO. 031-02 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By- Law Section 139-33A (alteration!extension of a pre-existing nonconforming structure/use), or in the alternative, a VARIANCE under Section 139-l6A (Intensity Regulations). Applicant proposes to demolish two (2) of three (3) said to be pre-existing single-family dwellings, a cinder block garage/apartment and a separate one-story single- family dwelling. The Zoning By-Law allows a maximum of two (2) dwelling units on a lot in this district. Applicant then proposes to reconstruct a new conforming garage/apartment and separate two-story single-family dwelling. The third two-story dwelling unit would remain unchanged and all setback requirements would be met by the new structures. The required on-site parking spaces would continue to be provided. The existing ground cover ratio is about 7.8%, in a district that allows a maximum ground cover ratio of 3%. The total ground cover ratio, after completion of the project, would continue to be about 7.8%. In addition, the Locus is nonconforming as to lot size with the Lot containing about 30,863 square feet of area, in a district that requires a minimum lot size of 120,000 square feet; as to frontage, with the Lot having about 166.43 feet of frontage along Quaise Road, in a district that requires a minimum frontage of 200 feet; and as to setback, with the third dwelling being sited as close as about 9.7 feet from the easterly side yard lot line, in a district that requires a minimum rear yard setback of 20 feet; and as to front yard setback, with the garage/apartment being sited over the front yard lot line in a district that requires a minimum front yard setback of 35 feet. The Premises is located at 33-35 QUAlSE ROAD, Assessor's Map 26, Parcels 5, 6 and 54.4, Plan Book 6, Page 53, Lots 3 and 4 Plan File 6-A Lot 1. The property is zoned Lirnited-Use-General-3. TillS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER AL TERNA TIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. ff~'BoA 10n! :I."8~ fl.. . , , " ,.., .. " I' NJW~tJOD~ ZONnlG soun P"Z AnDLS ~ow J\.m); OOtlN~~ SO:Z:L)):tNG <iio~t ~ muwUOD', H10 025$4 .., .... OAS.. ..0 APPLro~~rON ~OR RSLrB~ :: owat'la na=e(s) I Hic Calvillo. Jr. f. :~1n1J ~~essl 34 and 35 QuJise Road. Nantucket,'MA 02554 ,,:' ~~t' s na=ol Same " ~~ ~eSIU c/o VauJ>;han. 'Dale and Hunter. Whaler's Lane. Nantucket. MA 02~54 " LoOAUOn ot lot I Asae~UfPt" I \i ~ZLp ~ncl pat"oel n\Ullbet" ~ .. 5. 6. 54.4 .i~..t ~U.I 34 . and 35" Quaise Ro3d b;1a~ ~ 'ct 'Plan, ~:1.~ ~ , P~ o~ Plan ,1:1.. ,hA J.iQt...l-..;J'lan Book 6 " Lots 3 & 4 , -~ Dit. 3.01; aoqu1~ec11 U.:J.I.JJ!J. Deed aet ~~,..!L. zon1ng' dis~10t LUG- 3 , , V~.. on 'lot ..' ,oo.et"o1all' None i. ot" HOD?_ , . ~ .. n_" otl dwell1ngsL duplex_ ~p~~ents_ rental rooXllS_ aU11cl1n;'4ate(s)1 ~ll pt'e-8/72? ~ ot" 0 o~ 01_ 8u11cltn; Pe~1t applin, Nos, CU. No.. a.U" BoA i\Ppl1o~tions,l~wsuitsl 'Itate tullY aU ~on1n; ;,e:l.1a: sou;bt a.n4 ~..peot1v. Code seotions aM .~.eottona, sp.o~no~Uy wb~'t you pt"opo.e 09~tacl to Pt"e~,nt _ aM wbat ~9un48 you (u:q. :o~ BoA t9 Q)C8 .ac;sb :.na:1.nq Jl?e~ Sao.....on . U'.:S:&A _ ~~ Vc~anoe, 3.3$":SOA U ~ Speotal p,a=u.'t ~(~nc1 3.39-33A . L-1t to al~t" o;c' .xtancl Ii nonoo~o=nlJ u..), 'U appeal pet" 13s)"32~ '~-I"'; , atta.c;sb t18obion ot' ot"dei:l, appealed. OK to ~tt~c;sb add.nc1ullI ,- . ; . I..., t Please ~ee Addendum. attached hereto. :z :::= ;:;0 N N' ::0 m I:") ;:1 - .-0 W VI -J :t.-. .n9l. o.ed ~a pa~t ot ~11a 'APP11oat10nl Ot"dat'3. ~dd8ndu1lI2-1-- , tou:OUl =fP-x- s~t. plan~ abowtn9 p~8a8nt~ +p1annea-X- struotures , , · Of;,.p.ava:pnaent_ P~opo..~ el8'Vat~ona (HDC-~ppt"ovec1?_)_ . ..:on;_ .0.. '2:,,, - ~~onti.;. ..tb,,~ G~ pa2:~n; dat.a AlIIIIOr-o.2:tU~8QiMt'e.... 'nit 4 .et. i~ ma 1 labels 2 ..t. , aoo ,.. pay 1. to Town of:. NantuClk.t x OQt oap I oovenant - , lc:, an app.. , ..~ Town 01.~~.to ..na-sl , oo=JTr ~.oo~ to BoA~ : Olftf1tf that tho t"8 atoa 1nto~t1on submit'tecl is sUb&ta.nti~lly ,;OQt' , and t .- to b.at of 1Df know14c!'18, und8t" tne pains and 'JIM.t .. 0: p u~ , . , S%CWA':UUI . 1 13m : ~C:t not own8t" 9 , ' ~n C) FOR 801. .0":Z:C2' USE . ...~ ~' App~1clt10n oop!es ~eQ'c!; 4_~~___ to~ loA o~~~ on~ oo~ t1hd w1tn Town CJ.ot'~ on~(f2~';/-RTo T OOlJlpJ..ti _ . · ........ ..... .. ........ .. ... .....~i ~~ ~ 1')- It . taoo -e.. ;A'~ 9~V.n ':own. ':t'eaaut'.~ o~~~e\n ' , ,K,"~; no't100 po'to0~d3..~~ & ~~~~ ;,..ll~ugC.) .on..../-I_ oontl,) to.../.../_, .../.../-.. w1thcl~awn7-1....1_ .... .' tl801don c!Ua bf-l-l_ ~ZLde-/ -1_ t11ec! ':0.../..)_ =aU.d-.l-l ~ a.. ~.bt,~ ,Q~JOf ~~w,uitl . othet' "- .....- .... I , 110ant Attot'ne~,~ !-- . uue . - . ow .~'. .ttQ~noy, ono:l.oa. p~oot ot autbo~1ty) :U1II ............--...... ............ ............ ...-..... ADDENDUM The Applicant, Ric Calvillo, Jr., seeks a SPECIAL PERMIT pursuant to Section 139-33(4)(a) and (b) of the Nantucket Zoning By-Law (that "By-Law") and Massachusetts General Laws, Chapter 40A, Section 6. The Applicant is requesting the SPECIAL PERMIT to demolish an existing garage/dwelling and single-family dwelling and construct a new garage/dwelling and single-family dwelling. The Premises is located at 33-35 Quaise Road (the "Premises"). The Premises is located in the Limited Use General-3 Zoning District. The Premises consists of two lots of land separated by Quaise Road. The lot ofland on the seaward side of Quaise Road is approximately 30,863 +/- square feet in size and improved by a two-story wood-framed dwelling, a single-story wood-framed dwelling and a cinder block garage/apartment. The second lot of land is located just south of Quaise Road and is approximately 4,379 square feet in size and unimproved. The total area of the two lots is 35,242 +/- square feet and non-conforming as to lot size being situated in a Zoning District with a minimum lot size of 120,000 square feet. The Premises is non-conforming as to frontage with the seaward lot having frontage of 166.43 +/- feet and the southern lot having frontage of 65 +/- feet in a Zoning District with a minimum frontage requirement of 200 feet. The improved lot is non-conforming as to ground cover ratio having a ground cover ratio of approximately 7.8 percent +/- in a Zoning District with a maximum allowable ground cover ratio of 3 percent. The Premises is non-conforming as to side-yard setbacks with the two-story wood-framed dwelling being setback 11.8+/- feet at its greatest point and 9.7+/- feet at its lesser point from the Easterly lot line in a Zoning District with a side-yard setback requirement of20 feet. Additionally, the cinder block garage/apartment encroaches, at its greatest point, 0.7+/- feet onto Quaise Road in a Zoning District with a front yard setback requirement of 3 5 feet. All three structures on the Premises are pre-existing habitable dwellings in a Zoning District that allows a maximum of two dwellings per lot. On site parking is provided sufficient for seven cars. The Applicant proposes to demolish the single-story wood-framed cottage as well as the cinder block garage/apartment. The Applicant then proposes to construct a new larger two-story dwelling in place of the existing single-story dwelling as well as a new smaller garage/apartment. This will result in a new dwelling with a ground cover of 1,277 +/- square feet, approximately 316 +/- square feet larger than the existing ground cover of 961 +/ - square feet. Additionally, the new proposed garage/apartment will have ground cover of 400+/- square feet, approximately 316 +/- square feet smaller than the existing garage/ apartment. In other words, the net result will be a larger single-family dwelling and a smaller garage/apartment having a total ground cover of 1,677 +/- square feet, the same ground cover that currently exists in sum between the garage/apartment and single-story wood-framed dwelling. Additionally, by demolishing the existing cinder block garage/apartment and moving it out of the front yard setback, the Applicant will bring the proposed garage/apartment into conformity with the front yard and side yard setback requirements of the Zoning District. The proposed demolition of the single-story wood-framed dwelling and cinder block garage/apartment and construction of a new single-family dwelling and garage/apartment having a ground cover in total no larger than the two structures as they currently exist upon the Premises does not increase the non- conforming nature of the structures. Additionally, by moving the garage/ apartment out of Quaise Road and the front yard setback area, the resulting structures will be less non-conforming than the existing structures. Furthermore, the work as proposed is consistent with the dwellings in the neighborhood and as a result, is not substantially more detrimental to the neighborhood. By granting the SPECIAL PERMIT, the Board will be acting in a manner consistent with the spirit and intent of Section 139-33A of the By-Law. In the alternative and to the extent that may be necessary or required, the Applicant requests a VARIANCE for the proposed work. The Applicant respectfully requests that the Board vote in favor of the requested SPECIAL PERMIT. CAL VlLLO/addendum 02-19-02 ,000. k' "'1 MAP 26, PARCELS. 5, 6, 54.4 flIAlfllJ!!U elK EJ! lfIAl!t1!$({j)!t1 + -- \,\.\. + SAL T POND ,'\ 10.0 AC. + \,\,\ \,\.'!> UNIVUSlTY Of MASSACHUSETTS v \ \ ~ V'-' PO L PIS ~os '1-10 A "" \ ~O~ ~ \ ~~ " . ~.: r.;t1;;Gti[j4?~n 017 STATUfORY OUITCLAIM DEED WE, WILLARD B. TAYLOR of 125 Broad Street, New York; "New York 10004;: JULIET S. WALSH a/kJa JULIET To' WALSH of 333 Central Park West, Apartment No. 45, New York, New York 10025; and DANIEL S. TAYLOR of 61 Marlboro Street, Boston, Massachusetts 02116; for consideration paid in the sum of FOUR MILUON FI~ -THOUSAND AND 00/100 ($4,050,000.00) DOLI.ARS, GRANT TO; RIC CALVILLO, JR. of 10 West Cedar Street, Boston, Massachusetts 02108, with QUITCLAIM COVENANTS, PARCEL ONE The land with all the buildings and improvements thereon. situate in Nantucket Town and COUnty, Commonwealth of Massachusetts. now known and numbered as 33 and 35 Quaise Road, and bounded and described as follows: ' NORTHERLY; by the high water line of Nantucket Harbor; EASTERLY: by Lot 2 as shown on a Plan hereinafter mentioned; SOUTHERLY: by a Way thirty (30') feet wide; and WESTERLY: by Lot 5 as shown on said Plan. Said land is shown as Lots 3 and 4 on a Plan filed in Plan Book 6, Page 53 at the Nantucket Registry of Deeds. Excepting trom the above property is a parcel of land conveyed by Charles Clark Coffin and Marie M. Coffm to ErJa M. Butler by a Deed dated' January 27, 1951 and recorded in Book 113, Page 129 at the Nantucket Registry of Deeds. Said Lots 3 and 4 are subject to a reservlltion to Haniet E. HOllister, her heirs and assigns, ofa foot passageway al::>ng the beach above the high Water mark eight (S') feet in width along the entire beach front of the property, as set forth in a Deed recorded in. book ' 123, Page 509, at said Nantucket Registry of Deeds. . _ _ " ._. _ _. ':: '. ". ". , ..', . :. Said Lots 3 and 4 are subject to the provisions of a Statement and Covenant dated December I, I~S6 and recorded in Book 262, Page I~O at the ~~tuc~;t"~giStry o~_~eeds; ':'~~~::;-I'>,"?'"<~:::"-..;.t...:,"~ .-,;_,;r.,. _' . -~'--~?'-""'-'-~ ,.1 ~--.---;.--.;-;;.:;. 4-'..----;'" -~. ._~~~__~ - -'-:-.. .......~~,.. ",".-'-.. '-. 1/" . ~ '. . . <.;.,.: . ...,......._...,!;.~ :;::0," OtiU4?~~t 018 . PARCEL TWO That certain parcel of laiid situate In Nantucket Townms County, Commonwealth of Massachusetts, now known and numbered as 34 Quaise Road, and bounded and described as . follows: ....' : . SOUTHERLY by Beach Road, sixty-five (65.00) feeti by Lot fasshown on a Plan hereinafter mentioned, seventy (70.00) feet; sixtY-five (65.00) feet; and NORTHERLY EASTERLY WESTERLY - . ..-. ." ". " . seventy (70:00) feet, by Lot 3 as shown on said Plan. Said land is shown as Lot 1 on a Plan filed in Plan File 6-A at the Nantucket Regisu:y of Deeds. For our title, see Deed from Juliet B. Taylor and Willard B. Taylor; Trustees of the Juliet B. Taylor 1993 Residential Trust, dated July 28, 1997 and recorded jn Book 556, Page 209 at the Nantucket Registry of Deeds. . , r r i :(.':~ . '. < . NANTUCKET " T~'i!~~~;iI'C:: ~~: < " ~ "t 'Cf~r1;>::~."b~tii- 0-0- ': :.'", ~ .Hll~e . " , ~' .,. N". .. D~"'" '. . FEE . <--~ Illll~~.l7'nlon.~ ----~.::.:-":;::"'"--:;:-: ..=.' '," r o' i ; t I I, ~:'- I \. "-.' , " - '~'._]~~"~:2:~3.~t:~~t~:~r#~:~~t!~f:4~i3~l4~~:11'i:;~*.;f~'1~?~~:;i;~{.E{8'f'{'" :~:;1:~[A:f:,::C";~i'~:~~;;:;7~'0f;;r.~,;~, i.\....c'.~t' .. , ..." n~~14 OIG ;~,;u" \.rUv ?~f.~ ", WITNESS my hand and seal this /1-f/. day of February, 2000. . . t\J\(l,.y WILLARD B. TAYLOR I I il '. , STA~ OF NEW YORK J ~ 0r- A ~ .J . ~. ~~. .- . ,; February -.L.Z!!!:2ooo , I .~ ~ 4:.::"",,,; ~'" tho....", """'" W;nM' R T.,lo, "" "knowl"'.'" ~> foregomg lDStrument, to be his ~ .act ~,d~,. be(ore me, . :"'. . i,'.' ,'M >';'t:"'!:':"'N::1b:l~4. .--... "'1 . ~ '. '. '. . ".". "~. ',' ~. ".' ',;,,' . ",".,' \ -;( . ~'::>:~i . ') '/\"~ ~y Commi~sion ~xpires: RITA I. LYNSKEY Not&ty PIlblIc, State of New 'lbtk . No. 4sa4050 OuaIUled In Kings Counly CenJllcata FUe<lln New 'lbrlc COunly Commlsalon er:1lro. ,'."'''"Y 2e, 2001 ;- I:~ ./ / / / . "::~:'~:-':';l:,. i~f..-_":_:l';'~<:~.:-"~/"'~i.;:<t _~ : ","., '""~' ".- :-" .:," . .. ". -' ~': '';'- :,./..,. ....'"-' , '. ,. ....:'.;~;:..,'~:(-~..:... .....-,'. ".'" ";,- ,. .~~~.... ":'-'., '-i". :_{ --.>/..~-;~?:(,~ , ~ I \ t ., , i,', l '-I, '~,'''~'_~/;.'' . '~;.;'::.,..::..::...:;~:-,-~-~,~- .iO:.1 '~ . Z:;JK OtiG4P~H O~O wrrnEss my hand and seal this L1- day of February. 2000. ~/,L:?~2 also known as rollET T. WAlSH .-..:-~~~' '-" ., STATE OF NEW YORK . , Fe~ruary -Il, 2000 .I \, . ... I . c..... '. '~"". S5. Then personally appeared the above named 1uliet S. Walsh also known as 1ulietT.,', Walsh and acknowledged the foregoing instrument to be her free act and deed, before me: NoZq" y', My Commission Expires: .., ',." v; -. ':--71MOTHYWONG . J. Wclary PUblic, Stale of Now York f No.01Wot029190 . 0uaIl1led In Nassau C<>unly .~qm.A/.sl.~~oC11 -;2~"'" ..... -"..' -,", . ", .- ," "'.. --- ,.,. ,-- - ... ;"._~......,.."~..,..." "__...-........:.......;,......,.;~~......_..;."._'""_-__.,,..., ~_, 4 _ ..,__......_...---<l...........~......- "'J . ...~p.;~:;:~;;7::~~;J;;;.'ir7Jg;;rl;.j.};i,:r~~!#~i~;~Jt;X;;li:.~i:E~:~~:;~?fs'ki}i';,f~,z;:;;:~T~~...:.2i;:~~~\:~::'.~~~;~;. . '~": ., ,'i:a;Uti:j4.~r.dJ21 '. '. l~ WITNESS my hand and seal tl)is ~ day of February, 2000. ~/ltJjc:# ~DANIEL S. TAYLOR. :'~ ; '-'~. '~ .'. then personally appeared the above named Daniel SO-Taylor and ac . . foregoing inStruIDe~t ,to he his ;~.1lC! and deed, before me~' '. . .. Nantuckilt COunty'Rllceive.d & Enter~ Date: MAR 0 9 2000 Time: .;;Jd-. Attest: ~"U..AI"'1 Register of Deeds - End of ~nstrument //' i". ..' .:. :.,.- ,,> './ ';,,~:. - ~- ~'.'~~""'::" .~~2-~~-:r~~' "<~~!'~"r~'!:t!'.; '->,:;,'{'<'~;~';::-..i:--;:~'-",,:,*{~::;:,~,'~':~'::':~ :~-~-~;~!~::~~~~~2:;~::~~t:~:;::..;~:..~,~,.,~,~:~ .,'"" -,,-._,.~'.~. .'.~~. ..,. .,'~"''' -?"~ ,:.:.:.> , . ------- ~ ! .i :1 .l .. ,.. :,~ ,", :{~r,:; ;~< '. 'J: ;<'::'~/;,t.:~' .~~ i~:~ ~ :'f:~' >r.' . -.-..."- -" "-', ._.':~" f' '7~r::'.': .!,.;.... ','.-- "'('" ~...::'--; ..~:e;::c".:.-. ,,: ;:":~'~.~;\.:-,'>;fJt'J;.!;.~;'.....~.1;t.'~.2' t~'~"':~'.: .:f(~':?: ~.i-~< -, .::'.--, . .. ".\.. '1"':.\'- ICO S .~;' I1""!CCC\" ~ SO~ \-,>, ..... ~SSE:.S ,.) Of BoA F.oa::TIl',\' \>.1' ' 1~~'l.. t ('0 \. ~ NANTUCKET ZONING BOARD OF APPEALS N Of TOWN AND COUNTY BUILDING ",O'.N C\<..~\l ~p.. NANTUCKET, MA 02554 i '" N'U t"i"'" ~ 2-89 ASSESSOR'S LIST OF PARTIES IN INTEREST (Z.G . CA \v'\~ APPLICANT FOR RELIEF (SAME? ____) : ADDRESS OF PROPERTY: ;:'S-- ~< 4uA\~ ~~ ASSESSOR'S MAP - PARCEL: '210 ~ ltJ J .r4~4 PROPERTY OWNER: * * LIST OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED .): I certify that the foregoing (or the attached ) lists all persons, natural or legal, who are owners of abutting property, owners of land directly opposite on any public or private street or waYi and abutters of the abutters and all other land owners within three hundred feet of the ~roperty line of Owner's property, as they (and their address) appear on the most recent applicable tax list [per M.G.L. c.40A, ~11 and Zoning Code Chapter 139, ~139-29D(2)]. ~ kJ JO:>- Date , J Jlr,drc Assessor's Office Town of Nantucket ~ *NOTE: Applicant (Petitioner) should include with the lot for which zoning relief is sought, any commonly-owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. jah/FORMS/bo.. Submitted by ~11!lU~ an and Dale, P. 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