HomeMy WebLinkAbout045-02
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETIS 02554
Date, 0'0111 2.m3
TO: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of
the following:
APPLICATION NO.: 0 'I..5--();;2.
OWNER/APPLICANT: S~ueY>!J. aJ-,en OYld LaYQ mhd01./JIJ.I
Trustees;, (J.p i-hp cSO Y1?nY"t:Y and. /Y1a~ lueely.
Enclosed is the Decision of the Board of Appeals which has this
day been filed with the Nantucket Town Clerk. This De ' 'on
provides a CLARIFICATION (not a Modification), a EXTENSI ,or
authorizes a TEMPORARY PERMIT under Nantucket Zoning y-Law
~139-26H, with NO twenty (20) day appeal period required.
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AftJM ~...:J. .. Chairman
cc: Town Clerk
Planning Board
Building Department
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
Assessors Map: 48
Parcel: 34
Limited Use General-3
116 Baxter Road
Certificate of Title No. 18,3890
Lot 2, Land Court Plan No. 26509-B
Decision:
1. At a public hearing ofthe Nantucket Zoning Board of Appeals, on Friday, June
13, 2003, at 1:00 P,M" in the Conference Room, in the Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, the Board acted upon the request of STEVEN B. COHEN
AND LARA HANDMAN, Trustees of the Samara and Max Neely-Cohen Nominee Trust with
an address of4530 Klingle Street, Washington, D.C. 20016, for an EXTENSION ofthe
VARIANCE relief for the property at 116 Baxter Road, as referenced above, which was granted
to them by a Decision dated and filed with the Town Clerk on July 27,2003, in File No. 045-02,
as follows:
2. As presented by the representatives ofthe owner of the subject property, the
Decision, in which relief by Variance was granted and obtained by the prior owner, was recently
recorded, but the work contemplated by said Decision has not yet been preformed and no
Building Permit has as yet been obtained. Accordingly, the present owner has requested an
extension of the Variance relief for a period of six months, pursuant to M.G,L., c. 40A, ~ to, and
Nantucket Zoning By-law ~ 139-23.1, each of which provide that a Variance may be renewed for
a period not to exceed six months without the filing of a new Application and without a new
hearing and public notice.
3. Accordingly By a UNANIMOUS vote ofthe four members present, the Board of
Appeals GRANTS the EXTENSION ofthe V ARIANCE for a p, riod of six months from the one
year anniversary date of filing of the original Decision on J ,2003, so that the extended
date of expiration, if the Variance is not exercised pr' r th will be January 24, 2003.
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETIS 02554
Date:
du~v?i
, 20 ().::L,
To: Parties in Interest and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 0 'I6-..;O~
Owner/Applicant: S'Y::f2J/i)Jf2 tlJ r Cd~ /C~
t..~ 1 vrx. '/{n rrd (/YJr/ f) } 'Y.f u"5 ~QS' tf I1li~
c. ':::'0Jrh 0 rei OJl]:hlltJIX /U<2Cty - & /1R /Y} ~IMJi '@.;xr
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.
~~1;or~~
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 ti139-30I (SPECIAL PERMITS)~ ~139-32I (VARIANCES)
I
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
Assessors Map: 48
Parcel: 34
Limited Use General-3
116 Baxter Road
Certificate of Title No. 18,3890
Lot 2, Land Court Plan No. 26509-B
At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS held at 1 :00
p.m., Friday, June 14, 2002 in the Conference Room, Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts on the Application of STEVEN B. COHEN AND LAURA
HANDMAN, Trustees of the Samara and Max Neely-Cohen Nominee Trust with an address of
4530 Klingle Street, Washington, D.C. 20016, Board of Appeals No. 0045-02, the Board made
the following decision:
1. Applicants are seeking relief by V ARIANCE under Nantucket Zoning By-Laws
Section 139-17 (Height Restrictions) and 139-16A (Intensity Regulations-ground cover), The
Locus is presently vacant and is comprised of a pre-existing nonconforming building lot of
record, having a lot area of 12,407 +/- square feet with 100+/- feet of frontage in a LUG-3
Zoning District with a minimum lot area requirement of 120,000 +/- square feet (three (3) acres)
and a frontage requirement of 200 feet. Applicant will provide a single off street parking space
pursuant to the requirements of the By-Law. Applicants propose to relocate to Locus the
existing dwelling currently located at 117 Baxter Road. The dwelling must be moved as a result
of erosion of the coastal bank at 117 Baxter Road. Due to the topography of Locus wherein
Locus slopes from an elevation of approximately 84.3 feet on the east side to an elevation of
approximately 72 feet on the west side over a distance of approximately 45 feet, the dwelling
will exceed the maximum height allowed in the By-Law. Additionally, the dwelling when
relocated to Locus will have a ground cover ratio of 1734 +/- square feet. Locus, being a lot of
record, has allowable ground cover of the greater of three (3%) percent or 1,500 square feet.
Once the dwelling is relocated to Locus, the ground cover ratio will be 7.2% or 234 square feet
greater than what is permitted as of right.
The Premises is located at 116 BAXTER ROAD, Assessors Map 48, Parcel 34, Lot 2 on
Land Court Plan No. 26509-B, Certificate of Title No. 18,389. The Property is limited use
general-3.
2. The Decision is based upon the application and the material submitted with and
the testimony and evidence presented at the Hearing. The Planning Board made no
recommendation as the matter was not a planning concern. There were no letters on file in favor
of or in opposition to the Application,
3. Applicants need to relocate the existing dwelling located at 117 Baxter Road
across the street to Locus because the property at 117 Baxter Road is severely eroding and the
dwelling is in danger of being destroyed. The property at 117 Baxter Road is located in a
Residential-2 District. The dwelling as presently situated on that property complies with existing
zoning requirements for an R-2 District. The Locus, a severely sloping lot, is situated within a
different zoning district. When relocated to Locus, the dwelling would not comply with the
ground cover or height requirements in the LUG-3 District.
4. Applicants, through counsel, stated that Locus is unique in the zoning district
because of the steep drop in elevation from Baxter Road on the east to the rear of the Property on
the west. According to the "Plan of Land "prepared by Charles W. Hart & Associates dated
April 8, 2002 (a reduced copy of which is attached hereto as Exhibit A) over the length ofthe
Property, a distance of approximately 45 feet, the Property drops from an elevation of 84.3+/-
feet to an elevation of 72 +/- feet. In a plan marked as "Cohen - House Move", done by Vallorie
Oliver, dated June 12, 2002, (a reduced copy of which is attached hereto as Exhibit B), a
schematic indicates the relative heights above mean grade after relocation, based upon the
topographical plan in Exhibit A.
5. Applicant, through counsel, stated that based on Exhibit A the height of the
dwelling when relocated to the Locus would exceed the maximum height of 30 feet above mean
grade allowed under Section 139-17 of the By-Law and that the southwesterly side of the
building would exceed the maximum height allowed of32 feet for a single side of the building.
Based on the calculations reviewed at the hearing, once the dwelling is relocated to Locus, at its
highest point, the building would be no higher than 38.2+/- feet on the southwesterly side. A
grant of Variance relief relative to the maximum height allowed is necessary and supportable due
to the sever slope of Locus and limited locations on which to site the dwelling. Once relocated,
the house would also be consistent with the dwellings on both sides of Locus. The dwelling
would not be materially changed when it is relocated to Locus, it being the intention of
Applicants to maintain the exterior appearance of the dwelling. The Board has granted similar
relief over the past several years in order to allow houses, with similar issues of ground cover,
on the east side of Baxter Road which are threatened by erosion to relocate to the west side of
Baxter Road.
6. Applicant, through counsel, stated that based on Exhibit A the dwelling when
relocated to Locus will exceed the allowable ground cover set forth in By-law Section 139-17.
The dwelling has a ground cover of 1,734+/- square feet. Since Locus is a lot of record, the
m~mum allowable groynd cover for Locus is the greater of3% or 1,500+/- square feet. The
dwelling, once relocated will conform to all setback requirements with ten feet being allowed as
a minimum side yard setback for an undersized lot of record in the LUG-3 District. Locus will
also conform to the parking requirements as one parking space will be located as shown on
Exhibit A. Furthermore, there will be no expansion of the ground cover beyond what already
exists at 117 Baxter Road. The Applicant has been forced to relocate the dwelling to Locus as
the result of erosion of the coastal bank on the property at 117 Baxter Road. As the house has
already been constructed, it would impose a financial hardship and it could impair the structural
integrity of the dwelling if the Applicant was forced to reduce the footprint of the building in
order to bring the ground cover into compliance with the By-Law.
7. Therefore, based upon the foregoing, the Board specifically finds that owing to
the extreme level change in the topography of the land comprising Locus and especially affecting
Locus but not affecting generally the zoning district in which it is located, that a literal
enforcement of the provisions of Zoning By-Law Section 139-17 and Section 139-16A would
involve substantial hardship to the Applicant, and further that the desirable relief may be granted
without substantial detriment to the public good and without nullifying or substantially
derogating from the intent or purpose of this By~law. The Board further finds that it would be a
benefit to the public to preserve an existing dwelling by allowing relocation within the same
neighborhood and would serve no purpose to require the demolition, removal from the area or
elimination of a portion of the structure.
8. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief
by VARIANCE, from the height restrictions of Nantucket Zoning By-law Section 139-17 and
the ground cover restrictions of Section 139-16A to allow the relocation of the dwelling currently
located at 117 Baxter Road to the Locus at 116 Baxter Road, directly across the street upon the
following conditions:
(a) The average height of anyone side of the building when relocated, shall not
exceed 31.4:l: feet as measured from the Average Mean Grade to the highest point of the
building or structure and no one building side shall exceed 38.2:1: feet; and
(b) Once the house has been relocated, no new structures shall be constructed on
the property located at 117 Baxter Road; and
(c) The house shall be sited in such a manner as to conform to all parking and setback
requirements, with the use of Exhibit A and B to attest to the height calculations and not
as to specific location of the structure beyond aforementioned compliance,
Dated:
Juli<-':i, 2002
Nan t, MA
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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 WNING BOARD OF APPEALS will be held at 1:00
P.M., FRIDAY, JUNE 14,2002, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING,
37 Washington Street, Nantucket, Massachusetts, on the Application of the following:
STEPHEN B. COHEN AND LAURA HANDMAN, TRUSTEES OF THE SAMARA AND MAX
NEELY-COHEN NOMINEE TRUST
BOARD OF APPEALS FILE NO. 045-02
Applicants are seeking relief by VARIANCE under Nantucket Zoning By-Law Section 139-16A
(Intensity Regulations) and Section 139-17 (height restrictions). Applicants propose to relocate an
existing single-family dwelling by moving it from its present location at 117 Baxter Road to the Locus,
at 116 Baxter Road, a vacant lot across Baxter Road. Due to severe erosion of the 'Sconset Bluff, the
safety ofthe structure is being compromised. There will be no change in the footprint of the structure as
a result of the move. The structure is moving from the Residential-2 zoning district to the Limited-Use-
General-3 zoning district. The structure currently meets zoning requirements, having a ground cover
ratio of less than the allowed maximum of 12.5%. However, after the move, the ground cover ratio
requirement will be 3%, and the new ground cover ratio will be about 7.2% or about 234 square feet
greater than what is permitted as of right. The structure will also be sited within the required 20-foot
southerly side yard setback area, In addition, due to the sloping nature of the Locus, the relocated
structure will also exceed the maximum height allowed of thirty feet. The Locus is nonconforming as to
lot size with the Lot containing about 12,407 square feet in a district that requires a minimum lot size of
120,000 square feet; and as to frontage, with the Lot having about 100 feet of frontage along Baxter
Road in a district that requires a minimum frontage of200 feet.
The Premises is located at 116 BAXTER ROAD, SIASCONSET, Assessor's Map 48, Parcel 34,
Land Court Plan 36509-B, Lot 2. The property is zoned Limited-Use-General-3.
N~~~
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE
FORMATS. PLEASE CALL (508) 228-7215 FOR FURTHER INFORMATION.
BoA Form 1-:-09
N..11'rUCKET ZONING DOlillO OP 1I.PPE1I.LO
TOWN 1\ND COUNTY DUILDING,
Ni\NTUCKET, H1\ 02554
. Date
C1\SE N0t11S--02-
APPLICATION POR RELIEF
Owner's name(:~) : Stephen B. Cohen and Laura Handman, Trustees of the S"m"T" "nrl Max
Neely-Cohen Nominee Trust
Mailing addre~s: 4530 KUnde Street. NW. Wi-l':'hingf"()n. n (' 700] 6
Applicant's name: Same
M~iling addre~s:
Location of l~t: Assessor's map and p~rcel number
48 - 34
street address: 116 Baxter Road, Nantucket, MA
Registry Land ct Plan, Plan Bk & Pg or Plan File 3~rlfl-J3 Lot_
Cert. of Title No. 18 389.
Date lot acquired: ~ E ~ -Deed-oRe! _' ___ Zomng district LUG-3
Uses on lo~ - commercial: Non~ ~ or
)1CD7 ___
- number of: dwellings___ duplex~ apartments~.rental rooms___
Building date(s): all pre-8/72?
Building Permit' appll.n,N'os.
Case Nos. all BoA applications, lawsuits: BOA File No. 27-98
state fully all zonin~ relief sought and respective' Code sections
and subsections, spec~fically what you propose compared to present
and what grounds ~ou urge for BoA to make each finding per section
139-32A if Var~ance, 139-30A X if a Special Permit .(:~Jlp' 139-33A
if .toalter or'''cxt'end 'a, nonconforming use) .' If appeal per 139-3F'
&-B __ , attach decision or order appealed. OK to attach addendum ,
or
C of 07
.' ,'"
See Addendum Attached
Items enclosed as part of this Application: order1 addendum2
Locus map....!- Site plan..1L showing present~ +planned~ ~sb;uct~
F~oo~ plans present___ proposed___ elevat~ons ___ (HDc.a~proved?_)
L~st~ngs lot area X frontage X setbacks X GCR X park~ng data___
Assessor-certifieCIaddressee l~st 4 sets--x- ma~l~ng labe19o.~ sets_
f200 fee payable...to...To.wn "of Nantucket. proof... I cap' c6venant
(If an appeal, ~sk Town Clerk t?~e!:Cl1ildg Comrls r,ScC?~~ to BoAT
I certify that the requested ~nformation submitted is substantially
complete and t/ . to. the est 9f my know:)..eqge, under the p'~~ns. and
penalties of.--p ry. " . '-'. '.. ." .0 0..
SIGNATURE: Applicant ___ Attorney/agent
proof of authority)
FO~ ~ OFFICE USE
Application cOPie::/re~ld; ''';;:JL.-:''or'-'' --. f~r BoA o~ ~5/'~;~')
One copy filed with Town Clerk on~3L;~y ~~. complete?~
One co~y ea,h,~o Flanning.~" and ~Uil~tp~,D"P.t ;(/~~!~Pj
$200 fee check given Town Treasurer on ~/~y waived?___
Hear~ng notice PostcdS~mailedJJ1/;~ & M2/2J&-.b~
, .
Hearing(s) on__!__!__ cont'd to__!__!__, __!__!__ ~ith~rawn?__!__!__
Decision due by__!__!__ made--!~__ filed. TC--!--!__ mailed--!--!__
See related cases
lawsuit"
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ADDENDUM
Assessors Map: 48
Parcel: 34
LUG-3
116 Baxter Road
Certificate of Title No. 18,389
~~
Applicants, Steven B. Cohen and Laura Handman, Trustees of the Samara and
Max Neely-Cohen Nominee Trust, seek a Variance pursuant to Section 139-32 of
the Nantucket Zoning By-Law from the requirements of Sections 139-17 and 139-
16 of the By-Law as amended is presently vacant. Locus is located in the
LUG-3 Zoning District conforms 1 all other respects with the dimensional
requirements of said Distn . () rxrr 'i6 ~/ -
Applicants propose to relocate an existing dwelling located on the property at 117
Baxter Road. The dwelling must be moved as the result of erosion of the coastal
bank: at 117 Baxter Road. Due to the topography of the Locus, wherein Locus
slopes from an elevation of approximately, 84.3 feet on the east side to an
elevation of approximately, 72 feet on the west side over a distance of
approximately 45 feet, the dwelling will exceed the maximum height allowed in
the By-Law.
In addition, the existing dwelling has a ground cover of 1734:t square feet. Locus
is a lot of record and as a result, the allowable ground cover is the greater of3%
or 1500 square feet. Once the dwelling is relocated to Locus, the ground cover
/~," . ratio will be 7.2% or 234 square feet greater than what is permitted as of right.
The requested reliefis in harmony with the intents and purposes of the Nantucket
~~\ Zoning By-Law. Given circumstances relating to the soil condition, shape or
,o\:\#; topography of the Locus and especially affecting this Locus and not affecting
dl \.J generally the zoning district in which it is located, a literal enforcement of the
'\j provisions of the By-Law would involve substantial hardship to the Applicants.
This desired relief may be granted without substantial detriment to the public
good, and without nul.lifYing or substantially derogating from the intents and
purposes of the By-Law. The Applicant asks the Board to vote in favor of the
Variance as requested.
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Town ofNaritucket
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ZONING BOARD OF APPEALS
.'
LIST OF PARTIES IN INTEREST IN THE MATTER OFTHE PETITION OF
PROPERTY OWNER...........<..~,.,~...............
MAl LING ADDRESS.......................................................................
PROPERT~ LOCATION..... .((~.... .@q~...M.....................
ASSESSORS MAP/PARCEL... .~It. :-:. .~.3.y....:... ..... ...... ...... .........
APPLICANT.........~....{1;.t;~..................
SEE ATTACHED PAGES
1 cenify that the foregoing is a list of persons who are owners of abutting property, owners of
land directly opposite on any public or private street:Or way; and abutters of the abutters and all
other land owners within 300 feet of the property line of owner's property, all as they appear on
the most recent applicable tax list (M.G.L c. 40A, Section 11 Zoning Code Chapter 139.
Section 139-290 (2)
(
.~;~q~<>2.d1Jd-
,q"",~~
DATE
ASSESSOR'S OFFICE
Town of Nantucket
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