HomeMy WebLinkAbout004-03
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
r...e (p roO::J I 'i ' 2003..
To: Parties in Interest and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: (kjl V --CQ3
Owner/Applicant: H Q I9d Ih. IfI::x '10 'iQ ~ eO ('1-/ /fvs1;
~ /1o-e- S - (' U [)fJ 1117 !J. 0 Il1 / T.rvrrec
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.
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Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING' TO NANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
Zoning Board of Appeals
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 49.2.3
Parcel 44
Residential - 2
6 Emily Street, Siasconset
Land Court Plan 12318-A
Certificate of Title No.17 ,072
At a hearing of the Nantucket Zoning Board of Appeals, on Friday, January 10,2003 at
1 :00 P.M., in the Conference Room, in the Town Annex Building, 37 Washington Street,
Nantucket, Massachusetts, the Board made the following Decision on the Application of
HAKUNA MATATA REALTY TRUST, LEONORE S. CUNNINGHAM, TRUSTEE, c/o
Vaughan, Dale and Hunter, PO Box 659, Nantucket, MA 02554, Board of Appeals File No.
004-03;
1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/extension of a pre-existing nonconforming structure/use), and/or
in the alternative, relief by VARIANCE under Nantucket Zoning By-law Section 139-16A
(Intensity Regulations-ground cover). Applicant proposes to demolish an existing
nonconforming secondary dwelling/garage and shed and transfer the ground cover to the
remaining primary single-family dwelling. With the removal of the attached secondary
dwelling/garage structure, the Locus would become more conforming with respect to the
required 30-foot front yard setback requirement; as to the required 12.5% ground cover ratio
with the reduction in size of the new addition by about 30 square feet, which would be
constructed on the westerly side of the structure and come no closer to the lot line on Emily
Street to the north than the existing structure, which has a current ground cover ratio of about
15%; and as to the required 12-foot scalar separation between the secondary dwelling and
primary dwelling, with the complete elimination of said secondary dwelling. The Locus is also
nonconforming as to lot size with the Lot containing about 19,339 square feet of area in a district
that requires a minimum lot size of 20,000 square feet. An existing shed, sited as close as about
four feet from Emily Street would be removed.
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 no
recommendation, as the matter was not of planning concern. There was one letter on file in
support of the Application.
3. Applicant, through counsel and by Affidavit of Dorothy Martin, dated October 30,
1995, represented that the two single-family dwellings improving the Premises have been in their
current locations and configurations since a time pre-dating the adoption of the Zoning By-law
on Nantucket in July 1972 and were thus duly grandfathered. Applicant's attorney, through
evidence and testimony, established that Applicant had owned the Premises since November 17,
1995 and that over the last eight years Applicant's family had spent each summer in its entirety
on the Premises. In the dwellings' current configuration, some bedrooms are in the primary
dwelling and other bedrooms are in the secondary dwelling/garage with these two structures
connected by an eight-foot::l: deck. In other words, due to the dwellings' configuration some
family members were left to sleep in the primary dwelling, while other family members slept in
the secondary dwelling/garage, with neither structure containing enough room to accommodate
family members in one structure. Applicant's attorney stated that it was the Applicant's desire
now to eliminate the secondary dwelling in favor of a larger primary single-family dwelling
providing habitation under one roof for all of the family members.
Applicant's attorney stated that the result of allowing the Applicant to demolish the
secondary dwelling/garage and renovate and add onto the primary dwelling by an amount
slightly less than the ground cover dedicated to the secondary dwelling would result in the
Premises being brought into compliance with respect to front yard and side yard setbacks; would
eliminate the nonconforming eight-foot deck connecting the primary dwelling to the secondary
dwelling/garage, currently in violation of the required 12-foot scalar separation between primary
and secondary dwellings; would result in a total ground cover of about 18 square feet less than
the existing total ground cover; and eliminate the pre-existing nonconforming secondary
dwelling/garage in its entirety, along with the shed. As proposed by the Applicant, the Premises
would be brought into conformity with the Nantucket Zoning By-law with the exception of
ground cover, though total ground cover as proposed would be more complying as it would be
less than the existing ground cover by about 18 square feet. All parking is provided on site.
Applicant's attorney stated that he had received Certificate of Appropriateness Nos. 40,919 and
40,020 from the Historic District Commission for the demolition and renovation.
Applicant's attorney brought to the attention of the Board that given the age of the two
dwellings, this Applicant or a future owner could condominiumize the Premises resulting in two
different beneficial owners using and occupying the two separate pre-existing nonconforming
dwellings. Applicant's attorney stated that by granting the relief as requested, the Premises
would lose its ability to be condominiumized and forever insure that the beneficial ownership of
the Premises would be vested in a single owner with the reduction from two dwelling units to
one.
4. Based upon the forgoing testimony and evidence, the Board finds that the
elimination of the secondary dwelling and shed in their entirety and therefore the nonconforming
separation situation between said dwelling and the primary dwelling, with the construction of
conforming additions to the primary structure, the reduction in total ground cover nonconformity
by about 18 square feet, and reduction of setback violations, would be a benefit to the public and
a grant of relief would be in harmony with the general purpose and intent of the Zoning By-law
and would not be substantially more detrimental to the neighborhood than the existing
nonconformities. The Board further finds that the public benefits of a grant of relief, with
substantial reduction in nonconforming nature of the Locus, outweigh the impact of the
reallocation of the ground cover to the primary dwelling from the demolished secondary
dwelling and shed.
5. Accordingly, by a vote of four in favor (Sevrens, O'Mara, Toole, Wiley), and one
opposed (Loftin), the Board GRANTS the requested relief by SPECIAL PERMIT under
Nantucket Zoning By-law Section 139-33A (alteration/extension of a pre-existing
nonconforming structure/use) to demolish an existing nonconforming secondary dwelling/garage
and shed and transfer the ground cover to the remaining primary single-family dwelling, upon
the following conditions:
(a) The pre-existing nonconforming secondary dwelling/garage and shed shall be
demolished and the proposed newly renovated primary dwelling shall be built in substantial
conformance with Certificate of Appropriateness No. 40,920 for the demolition and No. 40,919
for the new primary dwelling as issued by the Nantucket Historic District Commission, as may
be amended;
(b)
15.04%;
The maximum ground cover allowed on the Lot shall be no greater than about
(c) The reconfigured primary dwelling shall conform to the current front yard setback
requirements as measured from the easterly lot line along Sankaty A venue and side yard setback
requirements as measured from the northerly lot line along Emily Street;
(d) There shall be no further expansion of the structures upward or outward, beyond
the work allowed under this Decision without further relief from this Board; and
(e) The Premises shall be restricted to one single-family dwelling.
February Ji, 2003
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
" A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will
be held at 1:00 P.M., FRIDAY, JANUARY 10, 2003, IN THE CONFERENCE
, ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
if
HAKUNA MATATA REALTY TRUST, LEONORE S. CUNNINGHAM, TRUSTEE
BOARD OF APPEALS FILE NO. 004-03
Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/extension of a pre-existing nonconforming
structure/use), and/or in the alternative, relief by VARIANCE under Nantucket Zoning
By-law Section 139-16A (Intensity Regulations - ground cover). Applicant proposes to
demolish an existing nonconforming secondary dwelling/garage and shed and transfer the
ground cover to the remaining primary single-family dwelling. With the removal of the
attached secondary dwelling/garage structure, the Locus would become more conforming
with respect to the required 30-foot front yard setback requirement; as to the required
12.5% ground cover ratio with the reduction in size of the new addition by about 30
square feet, which would be constructed on the westerly side of the structure and come no
closer to the lot line on Emily Street to the north than the existing structure, which has a
current ground cover ratio of about 15%; and as to the required 12-foot scalar separation
between the secondary dwelling and primary dwelling, with the complete elimination of
said secondary dwelling. The Locus is also nonconforming as to lot size with the Lot
containing about 19,339 square feet of area in a district that requires a minimum lot size
of 20,000 square feet. An existing shed, sited a:; close as about four feet from Emily
Street would be removed. ' ,
The Premises is located at 6 EMILY STREET, SIASCONSET, Assessor's Map
49.2.3, Parcel 44, Land Court Plan 12318-A. The property is zoned Residential-2.
~y~:;Jcf~
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
AL TERNA TIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
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BoA',Form 1:-B9
lL11TUCKET ZONING BOJillD OF 1I.PPEi\LO
TOWN 1I.ND COUNTY BUILDING,
N1\lITUCKET, HA 02554
. Date
NOtJ1i-~
CASE
APPLICATION FOR RELIEF
Owner's name(s): H"klln" M"TaTa Realtv Trust. Leonore S. Cunningham, Trustee
Hailing address: c/o V""ghan. Dal e and,',Hunter', P. C.. PO Box 659, Nantucket 02554
Applicant's name: ~~mD
H~iling address:
Location of l~t: Assessor's map and parcel numbei49~- 44
street address: h Fro; 1 Y STreet. Siasconset
Registry Land ct Plan,
C.O,T. 17072
Date lot acquired: L.LI uJ..!l.5. ~ _1_
Uses on lo~ - c~m~e~~i~l: Non~ X- or
1?11R-A
Lot_
Zoning district R-2
,MCD7_
- number of: dwellings-1- duplex~ apartments~'rental rooms_
Building date(s): all pre-B/72? ~ or
Building Permit' appl',n. Nos.
Case Nos. all BoA applicationsl lawsuits:
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 t~ make ea~h findi~g per Section
139-32A if Var~ancel 139-30A ' ~f a Spec~al PermJ..t(,~Jl.A. 139-33A
if .toalter" or--ext'end 'a nonconforming Use) " If appeal per 139-32A
~B _ , attach decision or order appealed. OK to attach addendum ,
C of 07_
",.,.
See Addendum, Attached Hereto
11
\ ,
Items enclosed as part of this Application: order1 addendum2~
Locus map~ site plan-2L showing presentJL- +planned~ ~st~ucture~
Floor plans present proposed elevat~ons. (HOC., a!?proved? )
Listings lot area x frontage Xsetbacks x' GCRX park~ng data 1r
Assessor-certifieaaddressee liSt 4 sets X-ma~lIng label$ 2 setsX
r200 fee payabl,e,_to.~o_wn"ofNantucket. x proof., c' ,I cap I c6V"enant -
(If an appeal ask Town Clerk to senCfJ3ldg Comr1s record to BoAT
. - .", r ..... ....:. .... .....
I certify that he re sted information submitted is sUbstantially
complete and tr ~u,' tryo, ,..,~,~~t ~f ,my kn?~~~qF(.7' under, th~, P.?::t-ns, and
penalties of p
SIGNATURE:
Wi! iam
3(If not owner or
~,_ Attorney/agent x
ESQ.
attorney I enclose proof of a~thority)
FO~ ~~FFICE USE , ,
Application copie/ ice;, 'd, "'.,;,z 0"::' ..: f~r BoA onlZ,;:q&; ~ ./
One copy filed with Town Clerk o~~~~~.~ comp17te?~ '
One coPY eagh.tO planning.~" and ~Uil~fP~.o~P.~~~,~?(C-'
$200 fee check given' Town Treasurer on~L:}~ i1 , aived?___
Hear~ng notice posteJ.b Ddt-rnaile~C2..tZl-I & z12..;({2c!2- b2J::2J
~ ,
Hearing(s) on__!__!__ cont1d to--!--!__1 --!__!__ ~ith~rawn?__!__!__
Decision due by__!__!__ made__!~__ filed. TC__!--I__ mailed--!--I__
See r~l~+oA ~~~~~
ADDENDUM
Hakuna Matata Realty Trust, u/d/t dated November 17, 1995, Leonore S.
Cunningham, Trustee (hereinafter "Applicant") 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 a pre-existing non-
conforming Secondary Dwelling/Garage and Shed while increasing the size of the
remaining Primary Dwelling. The Primary Dwelling, as enlarged, will be more
conforming with respect to front yard setbacks and ground cover ratio than the
existing structures which presently improve the property. Additionally, as the
present Secondary Dwelling/Garage is within twelve (12') feet ofthe Primary
Dwelling, and connected to the Primary Dwelling without benefit of a breezeway,
the proposed Primary Dwelling will be more conforming upon demolition of the
offending Secondary Dwelling/Garage. The Premises is located at 6 Emily Street
in the Siasconset R-2 District (the ''Premises'').
The Premises consists of a single pre-existing non-conforming lot ofland
approximately 19,339+/- square feet in size situated in a Zoning District with a
minimum lot size of20,000 square feet. Locus is conforming as to frontage
having frontage of 140.00 feet +/- on Emily Street in a Zoning District with a
minimum frontage requirement of seventy-five (75') feet. Locus is non-
conforming as to ground cover ratio having a ground cover ratio of approximately
15 percent +/- in a Zoning District with a maximum allowable ground cover ratio
of 12.5 percent. Locus is non-conforming as to front-yard setbacks with the Shed
within four (4') of the north property line and the Secondary Dwelling/Garage
within ten (10') feet, in a Zoning District with a front-yard setback requirement of
thirty (30') feet. The Premises is non-conforming as to scalar separation in that
the Secondary Dwelling/Garage is within twelve (12') feet of the Primary
Dwelling. The Premises is non-conforming as to the method of physical
attachment of the Secondary Dwelling/Garage to the Primary Dwelling as they
are within eight (8') feet of one another and connected by a deck rather than a
twelve (12') breezeway as required by the By-law. Automobile parking provided
for the Premises meets the requirements ofthe By-law.
The Applicant proposes to demolish the pre-existing non-conforming
Secondary Dwelling/Garage and Shed while increasing the ground cover of the
remaining Primary Dwelling in an amount less than the aggregate size of the
aforementioned Secondary Dwelling/Garage and Shed.
As proposed, the newly configured Primary Dwelling will be
approximately thirty (30'+/-) feet square feet smaller than the total of the existing
structures improving the property and, therefore, less non-conforming as to
ground cover ratio; the front-yard setback will be increased from four (4') feet to
eighteen (18') feet drawing even with the fayade of the primary dwelling thereby
lessening the setback non-conformity; the non-conforming scalar separation
between the Primary Dwelling and Secondary Dwelling/Garage will be
eliminated; and the non-conforming attachment between the Primary Dwelling
and Secondary Dwelling/Garage will also be eliminated.
The proposed renovation of the Primary Dwelling and demolition of the
Secondary Dwelling/Garage and Shed lessens the non-conforming nature of the
Premises. Furthermore, the work as proposed will result in a dwelling more
consistent with other dwellings in the neighborhood and, therefore, 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. ( 3 r;-I G, W
The Applicant respectfully requests that the Board vote in favor of the
requested SPECIAL PERMIT.
HAKUNAMATATAladda1dum 11.29.02
..
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B6A Form
2-89
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
ASSESSOR'S LIST OF PARTIES IN INTEREST
PROPERTY OWNER: ~f\~UV\aJY)A\~~ ~~~ \~b~ ('Vf\t\W\6\*M~
APPLICANT FOR RELIEF (SAME? ~) :
(D ~Yrn)~~'e\
ASSESSOR'S MAP - PARCEL: ~.'L..:S ~4;
ADDRESS OF PROPERTY:
*
*
LIST OF PARTIES INCLUDING ADDRESSES
*(OR SEE ATTACHED ~):
'-:" ,-...
f!ECt:IVED
'.; OF ASSESSORS
DEe 0 2 2002
rO\lVN OF
NANTUCKET, MA
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 way; 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, ~ll and Zoning Code
Chapter 139, ~139-29D(2)]. ~ _. _ .~
j)~ ~ f.t7 I t?<tJCJ~ ~ j)
Date 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.
i&h/FORMS/boa
Submitted b~2YaUghan and Dale, P. C.
Date: j_" q:. 0'2--
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D.EEIL
I, JEFFREYG. MARSHALL;of,Ontarioi Canada, for consideration
paid in the amount of $680,.000.00, grant to LEONORE S.
CUNNINGHAM, Trustee of HAKUNA MATATA REALTY TRUST under
Declaration of Trust dated November 17, 1995, registered
herewith, of 5306 Falmouth Road, Bethesda, Maryland 20816, with
QUITCLAIM COVENANTS, ' . ' . ,
SOUTHWESTERLY
by land now or formerly Of May S. Chittenden,
one hundred thirty-five and 58/100 (135.58)
feet.
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That certain parcel of land, together with the buildings thereon
located in Nantucket, Nantucket County, Massachusetts, now known
and numbered as 6 Emily Street, bounded and described as follows:
NORTHWESTERLY
by Sankaty Avenue, one hundred forty-four
(144.00) feet;
NORTHEASTERLY
by Emily Street, one hundred forty (140.00)
feet;
SOUTHEASTERLY
by Adeline Street, one hundred thirty-six and
90/100 (136.90) feet; and
Said land is shown as on Land Court Plan 12328-A, filed with
Certificate of Title No. 1516 at Nantucket Registry District.
For title, see Certificate of Title No. 16423 at Nantucket
Registry District.
Said land is conveyed subject to real estate taxes assessed by
the Town of Nantucket for the fiscal year 1996.
NOV'l 7 199'5
DATE II:09~ TIME
Rec'd & Entered
Nantucket Registry
District
Doc. 10004
Cert. of Title /707 ~
Attest
Sandra M. Chadwick
Assistant Recorder
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Executed and sealed on
f./ ():/ ! ~
, 1995.
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J fey. G.~ shall
PROVINCE OF ONTARIO
N\JVVv,,1<.'l /0, 1995
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Toronto ss.
~7a~"-1-L~,-!?<;ZJ/
. Notary tU]lic
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Printed name: [LJ:LA 13E:T7+ l./t .l-J A'1 q l"tt
My commission expires: nn'" Ct..ffl:.~( C
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Then personally appeared the above-named Jeffrey G.
Marshall, and acknowledged the foregoing instrument to be his
free act and deed, before me,
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ZONING CLASSIFICATION: R..z
MIN. ARtA: . . . .~C?C;>~P. ~'.0
MIN. FRONTAGE: . . . . :-.? ~"!.
FRONT YARD S.B.: . . . ~f? /. r; .
REAR '" SIDE S.B.: . . J 0 IT-.
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ONLY ORlGlNAU.Y STAMPED N
ENDORSED COPIES OF THIS F
SHALl BE ACKNOWlEDGED BY
THE CERTIFYlNG lAND SURVE'!
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SCALE: l' = 20 I DATE: 10 - 19 - 95
Owner: . . ;J.IC.r.'r?-:~ y .G... ~ .D./~(V.A. .;:.: .
~ARSHA1-1--
. . . . . ',' . . . . . . . . . . . . . . . . .
DeedjCert.: .c!-~-r; ./~~~q. Pion: ~'.c: ::l.3.2.8. ":'
Tax Mop: . ~~..A;3:~1Locus: . . 4>f'!,,!/~'(.~. .
TO: . . f!A.K.U.I{~. .'1~"(~rA:. ~'!1-,=-rr. . . .
. . .TR.Lf,Sr. . . . . . . . . . . . AND NO OTHERS.
I CERTIFY, TO THE BEST OF MY KNOWlEDGE. THAT THE
PREMISES SHOWN ARE LOCATED IN nOOD HAZARD ZONE:
. . . 9. . , DEUNEATED ~ F.I.R.M. / COMMUNITY PANEL
NUMBER: 250230-00 .Q . . . . C, BY THE FEDERAL
EMERGENCY MANAGEMENT AGENCY. EFFECTIVE OATE OF
MAPS: JUNE 3, 1986 AND AS PERIODICAllY REVISED.
THIS INSPECTION PLAN WAS PREPARED FOR MORTGAGE PURPOSES
ONLY AND IS NOl TO BE CONSIDERED A FULL INSTRUMENT SURVEY.
THIS PlAN SHOULD NOl BE USED TO ESTABUSH PROPERTY UNES
FENCES, HEDGES DR N(f ANCILlARY STRUCTURES ON THE PREMISES.
THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PlANS
OF RECORD.
THIS INSPECTION PW{ IS NOT A CERTIFlCAnON AS TO THE TITLE OR
OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES
ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR
RECORDS.
THIS PLAN SHALL NOT BE USED FOR ;.N'( OTHER PURPOSE OTHER THAN
ITS INTENDED USE STATED ABOVE.
Blockwen at Associates Inc.
C:\1OJlS\1IB\.IIPP
INOT TO BE RECORDED I
BLACKYfELL &: ASSOCIATES, Inc.
Pro!essUmal Land Surl1e1JO'rS
6 Young'sJfay
Na.ntucket, Ma.ssachus,e"tts 02554
FBK.: 35- 7 (508) 228-9628 B...;. 420':'<