HomeMy WebLinkAbout046-03
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
AJ a ue tff\. b-e~ 7, 2 OC>(5
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Appl ication No.: 0 tfCo--- 0-3
Owner/Applicant, f-bo.l().yd PnJl'd.s/~y .1Ir" Q'C;;
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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 ~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 59.4, Parcels 294 & 295
53 Washington Avenue, Madaket
Certificate of Title No. 6193
Land Court Plan 3092-D
Block 138, Lots 21 & 22
Residential-2
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, August 8, 2003, at 1:00 P.M., continued to
Friday, October 17, 2003, at 1:00 P.M., in the Conference Room,
in the Town Annex Building, 37 Washington Street, Nantucket,
Massachusetts, continued further to Thursday, October 30, 2003,
at 6:00 P.M., in the Large Group Instruction Room, Nantucket High
School, Nantucket, Massachusetts, the Board made the following
Decision on the amended application of HOWARD BARDSLEY III, as
Owner, and RANDOLPH G. SHARP, JR., as Contract Purchaser, c/o
Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Massachusetts 02584, File No. 046-03:
2. The Applicant Sharp is seeking relief by SPECIAL PERMIT
under Nantucket Zoning By-law ~139-33.A (alteration or expansion
of a pre-existing, nonconforming structure or use), and ~139-
16.C(1) (reduction of minimum side yard setback from ten feet to
five feet). Sharp proposes that he will, after acquiring the
Locus, demolish an existing single-family dwelling and
reconstruct a new single-family dwelling, which would be less
nonconforming than the existing structure. The existing dwelling
is nonconforming as to front yard setback, being sited as close
as about 9.2 feet from the front lot line, with the minimum front
yard setback in this zoning district being 30 feet, and as to
side yard setback, with the structure being sited with zero
setback (actually encroaching upon the abutter's property) from
the northeasterly lot line, with the minimum side yard setback in
this zoning district being ten feet. The proposed new structure
would be less nonconforming as to front and side yard setbacks,
as it would be sited at about 20.3 feet from the front lot line
and at about 5.3 feet from the northeasterly side lot line. In
addition or in the alternative, Sharp requests relief by VARIANCE
from the front yard setback requirement of 30 feet as established
by ~139-16.A, to allow the new dwelling to be sited at about 20.3
feet from Washington Avenue. The subject property (the "Locus"),
as improved with the new dwelling, would continue to meet ground
cover, parking, and all other setback requirements. In addition,
the Locus is nonconforming as to lot area, containing about 4,000
square feet, with minimum lot area in this zoning district being
20,000 square feet. The Locus is situated at 53 WASHINGTON
AVENUE, MADAKET, Assessor's Map 59.4, Parcels 294 and 295, is
shown on Land Court Plan 3092-0, Block 138, as Lots 21 and 22,
and is situated in a Residential-2 zoning district.
3 . Our Decision is based upon the
accompanying materials, and representations
received at our public hearing. The
recommendation was that no matter .of planning
Application and
and testimony
Planning Board
significance was
presented. In addition to the presentation by the Applicants and
their representatives, one neighbor spoke personally in favor of
the Application, and another supported the Application through a
presentation by counsel. These neighbors, in their support,
spoke of their appreciation of Applicants' cooperation in
revising the project to address their concerns. No other support
or opposition was presented at the public hearing.
4. The Locus and the adjacent land shown as Lot 89 on Land
Court Plan 3092-S ("Lot 89") are owned by the Applicant, Howard
Bardsley III, by virtue of Certificate of Title No. 6193 at
Nantucket Registry District. The Locus and Lot 89 are each
improved with a single-family dwelling, and each dwelling pre-
existed the 1972 adoption of the Nantucket Zoning By-law, as
explained by the Applicant Bardsley of his own personal
knowledge; the dwelling upon the Locus was moved to the site in
1963, and the dwelling upon Lot 89 was moved there in 1955.
Accordingly, even though the Locus and Lot 89 are each undersized
lots, they have not merged together for zoning purposes pursuant
to the provision of the definition of "Lot" in Nantucket Zoning
By-law ~139-2, which sets forth that adjacent parcels in common
ownership, each of which has been lawfully improved with one or
more dwellings conforming to all applicable zoning requirements
at the time of construction and each of which parcels conformed
with applicable area and frontage requirements at the time of
construction, shall be considered as separate lots for all zoning
purposes. Here, the dwellings on both the Locus and Lot 89 pre-
existed all zoning requirements, and thus no merger occurred.
5. The Applicant Bardsley now proposes to sell the Locus to
the Applicant Sharp, and to sell Lot 89 to another purchaser.
Sharp wishes to demolish or remove the existing dwelling upon the
Locus, and to construct a new dwelling, with ground cover of
about 734 square feet (less than the 30%, or in this instance
1,200 square feet, allowed for lots of record containing less
than 5,000 square feet). Sharp proposes to eliminate the
existing encroachment upon the property of the northeasterly
abutter, with proposed side yard setback to be about 5.3 feet
from the northeasterly property line. Sharp further proposes to
site the new dwelling with front yard setback from the line of
Washington Avenue of about 20.3 feet, whereas the existing
dwelling has a front yard setback of about 9.2 feet.
6. Although minimum side yard setback in this Residential-2
zoning district is ten feet, By-law ~139-16.C(1) empowers the
Board of Appeals to issue a Special Permit reducing the required
setback distance to five feet. In this case, the narrow width of
the lot (50 feet) affects the Applicant's flexibility in the
placement of the new dwelling. The Applicant's plan, as shown
upon a plot plan by Blackwell & Associates, Inc., dated May 10,
2003, revised July 16, 2003, a reduced copy of which is attached
hereto as Exhibit A, is to maintain the required side yard
setback of ten feet from the southwesterly lot line, respecting
the interests of the southwesterly abutter whose dwelling is near
that lot line, while requesting the reduction to five feet from
the northeasterly lot line, where the existing dwelling is
nonconforming and the dwelling of the northeasterly abutter is
situated a considerable distance from the lot line. Both
abutters expressed support for this siting at the public hearing.
Accordingly, the Board of Appeals made the finding, by a
UNANIMOUS vote, that the reduction of the northeasterly side yard
setback from ten to five feet would in this instance be in
harmony with the general purpose and intent of the Zoning By-law
and not substantially more detrimental to the neighborhood than
the existing structure, and by the same UNANIMOUS vote, GRANTED
the requested SPECIAL PERMIT under zoning By-law ~139-16.C(1) for
this reduction in side yard setback, subject to the conditions
set forth in Paragraph 8 of this Decision.
7. With regard to the request for relief by Variance from
the front yard setback requirement of thirty feet, the Applicants
candidly admitted that there was no impediment to moving the
proposed footprint away from Washington Avenue and complying with
the front yard setback requirement. However, both abutters urged
the Board to grant the requested Variance relief, on the basis
that their existing dwellings would be adversely affected by
placement of the proposed Sharp dwelling over thirty feet from
Washington Avenue. Furthermore, these abutters and the
Applicants pointed out that many existing dwellings in the area
are sited in close proximity to Washington Avenue, with front
yard setback for these dwellings in several instances being
maintained from other streets or ways and side or rear yard
setback being maintained from Washington Avenue. Under these
circumstances, and with particular importance being given to the
concerns of the abutters, the Board of Appeals, by UNANIMOUS
vote, made the finding wi th respect to the proposed Variance
relief from the front yard setback requirement, to enable the new
dwelling to be sited as shown upon Exhibit A, that owing to
circumstances relating to the soil conditions, shape or
topography of the Locus (specifically, the placement of
structures on the adjacent parcels) and especially affecting the
Locus but not affecting generally the zoning district in which
the Locus is situated, a literal enforcement of the provisions of
the Zoning By-law would involve substantial hardship to the
Applicants (specifically, the adverse effect upon their
neighbors), and that desirable relief may be granted without
substantial detriment to the public good and without nullifying
or substantially derogating from the intent or purpose of the
Zoning By-law. Accordingly, by the same UNANIMOUS vote, the
Board of Appeals GRANTED relief by VARIANCE from the requirement
of By-law ~139-16 .A, that front yard setback be a minimum of
thirty feet, to enable the new dwelling to be constructed
substantially as shown upon Exhibit A.
8. The relief granted is based upon the following
conditions:
(a) The construction hereby authorized shall be done
in substantial conformity with the location envelope of the new
dwelling as shown upon Exhibit A; and
(b) No exterior construction work shall be performed
during the period between June 1 and September 15 in any calendar
year.
(ZBA 046-03)
Dated: November~, 2003
David R. Wiley
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SA "RDSLEY III
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~ DENOTES EXISTING .sTRUCTURE:
:/ //. AREA - 4bZ:r S.F..
ORIGINAL SIGNED AND STAMPED COPIES OF llflS PlAN MAY BE
PHOTOCOPIED BY 1HE BOARD OF APPfALS OR THE NANTUCKET
COUNTY REGISTR'l' OF DEEDS FOR RECORDING PURPOSES.
IN CASES OF DlSCREPH{CIES REGARDING INFORMATION CONTAINED
HEREON AND UNAUTHORIZED PHOTOCOPIES OF 1li\S PlAN. ONLY
ORIGIMlY STNlIPED AND ENOORSEDED COPIES stW.l BE
ACKNOWLEDGED BY 'THE CERTIf"(ING LANb SURVEYOR.
THIS PLOT PLAN W/>S PREPARED TO N:,COWI;Mff AN APPUCATION
TO THE NANTUCKET BOARD OF APPOO AND .IS NOT TO BE
CONSIDERED A FUlL JNSTRUMOO' SURVEY.
THIS PlAN SHOUlD NOT BE usm TO ESTABUSH PROPERlY UNES.
FENCES. HEDGES OR N.f( JriN(J.J.JlRY ~ ON THE PREMISES.
THE PROPERlY UNES SHOWH RELY ON CI.IRREKT DEEDS AND PlANS
OF RECORD.
THIS PLOT flt.AN IS I<<lT A CERTIFlCATION fIS TO TO THE TITlE OR
OWNERSHIP OF M PROPERTY SHOWN. OWNERS. OF ADJOINIHG PROPERTIES
ME SHOWN JCCORDlNC TO CURRENT TOWN OF NANTUCKET ASSESSOR
RECORDS.
THIS PlAN IlIAY HOT BE USED FOR Nf( OTHER PURPOSE THAN ITS
1HfEHDED.. USE NQTED t<<NE.
. . AnocIcil8s Inc.
_EX/STlUG DWELU)./G
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MuABESSAC, LLC
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Plot PLan to Accompany
Board of A~als Application
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Nantucket, Jl assaclwsetts
REV/SE.D: 7-/t;,-o3
SCALE: 1"= /5 DATE: MAY/a, 200'3
Owner: . 1!.o'rl.A~P. .8A~-q~q:'y. !l!. . . . . . .
. . . . . . . . . . . . . . Lors 'Zi...Z2 '8i..K./~
Deed/Cert.: t;{~~ ~{~~. Plan: L:C: "JQ9;?'~Q . . .
Tax Mop: ~1-: ~~1 Locus:#-?~ ,!,,~I1!t.{GIbtJ..AYJ;..
BLACKwEU ct ASSOCIATES, Inc.
Prof--- lAM Swwrm
20 T8GSdcMe Circle
Ncm.tvcJcet, Jl~ 02554
FBK: 14(,-GZ (608) UB-9026 B-<:;I/G
6-89
Form
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET,MA 02554
File No. Z'i-tjzH ~zq <
Assessor's parcel ~-~
THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF
APPEALS TO MAKE A DECISION (or to hold a public hearing or
tak~~~on&:~n~e i::~;-~ Jtft-
CNt'h G. ~ 0 rl) a . Cj2
Pursuant to the provisions of the Acts of 1987, Chapter
498, amending the state zoning Act, Chapter 40A of the
Massachusetts General Laws, Applicant(s)/petitioner(s) and
the Board of Appeals hereby agree to extend the time limit
_ for a public hearing ~ on the Application, or
- for a decision ~ of the Board, or
for any other action
by the Board,
(whether such Appl!cation.is an appeal ___ from the
decisi<:m of an:v .administrative off~cial, a petition for
a SpecIal Perm~t ~~ or for a Var~ance ~_, or for any
exte.nsion _, mo<:rITication _, or: renewal ___ thereof)
to the NEW TIME LIMIT of midnight on ~. ~ 2 c!)-3
but not earlier than a time limit set by statut~or bylaw.
The Applicant(s), or the attorney A: or a~ent for.
Applicant(s) represented to be dul~uthor~zed to act in
th~smatter for Applicant(s), in executin~ this Agreement
wa~ves any r~ghts tinder the Nantucket zonlng Bylaw and the
State zoning Act, as amended, to the extent, but only to
the exte , inconsistent with this Agreement.
L-
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Effective'date of Agreement
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Town Clerk
Planning Board
Building Commissioner
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Agreement filed in the office of the Town Cle~:
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08/11/2003 15:57 FAX 5082285630
READE GULLI CKSE
1iJ002/003
Fo~ 6-8~
~~UCXET ZONrNG BOARD O~ APPE~LS
'.tOwN 1\ND COUNTY BUXLDXNG
NANTUCKET, .HA 02554
"i1e NO.::z:l- tjz9'-/ f-Zif J':" Assessor's parce1 ~ - (5 ~
THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF
APPEALS TO'MAKE A DBCISION (o~ to hold a pUblic hearing (Ir
action) oncernsthe APp1ication of:
Ct: ~~G
OA^ . G.. ~I a .
Pursuant to the provisions of the Acts of 1987, Chapter
498, a~endin9 the st~te Zoning Act, Chapter 40A of the
Massachusetts 'Ge~era" LaWS, APp1icant (s) lpeti tion~1" (s) . a; ~d
the Board of Appeals'herebY agree to extend the t~me l~mLt
_ for a pUblicbearinq ~ on the Application, or
for a d~cision ~ of the ~oard, or
for any other action
"-
l?Y the Boare,
(whether such Appl~dation. is an appeal from the
decision of an~ 'administrative off-icial--;8 petition fO]'
. a special Perlll~t. ~', . or for a 'Variance ~, or for an~'
e.x.t:.~s:ion _, moij.1.tication. _, or: renewaL _ thereon
to the NEW TI>lE LP'IT of midniqht on ~. d<2 2 CO--='
but not ear~ier than a time. li1l1it setDY statut~ or byI:i~
The Applicant(s), or the attorney xr or a~ent for
APl?1.icant(f;;) represented to be dul~uthor~zed tOa-ct i 1-
th1s.~atter ~or APplicant(?), in eXQcuti~~ this A9re~me~t
~aives any r1ghts under the Nantucket zon~ng Bylaw and the
state zoning Act, ,as a~ended, to the extent, but only to
the n inconsi tent with this Aqreement.
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Aqree~ent filed in t~e office of the ~own Clerk:
Date ~l (1.-(1l ')
To'VIn Clerk
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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 ZONING BOARD OF APPEALS will
be held at 1:00 P.M., FRIDAY, AUGUST 8, 2003, IN THE CONFERENCE ROOM,
TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the
Application of the following:
THE FOLLOWING CASE ORIGINALLY SCHEDULED TO BE HEARD IN
JUNE AND THEN JULY. WAS AMENDED BY THE APPLICANT TO INCLUDE
FURTHER RELIEF:
HOWARD BARDSLEY, III, OWNER AND FOR RANDOLPH G. SHARP, JR.,
CONTRACT PURCHASER
BOARD OF APPEALS FILE NO. 046-03
Applicant (Sharp) is seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law Section 139-33A (alteration/expansion of a pre-existing nonconforming
structure/use) and under Section 139-l6C(1) to reduce the northeasterly side yard setback
distance from ten feet to five feet. Applicant proposes to demolish an existing single-
family dwelling and reconstruct a new single-family dwelling, which would be less
nonconforming than the existing structure. The existing dwelling is nonconforming as to
front yard setback, being sited as close as about 9.2 feet from the front yard lot line in a
district that requires a minimum front yard setback of 30 feet, and as to side yard setback
with the structure being sited at zero feet (actually encroaching onto the abutter's
property) from the northeasterly lot line, in a district that requires a minimum side yard
setback often feet. The new structure would be less nonconforming as to front and side
yard setbacks as it would be sited at about 20.3 feet from the front yard lot line and at
about 5.3 feet from the northeasterly side yard lot line. In addition or in the alternative,
the Applicant requests relief by VARIANCE from the front yard setback requirement of
30 feet under By-law ~139-16A, to allow the new dwelling to be sited about 20.3 feet
from Washington Avenue. The Locus would continue to meet ground cover, other
setback and parking requirements. In addition, the Locus is nonconforming as to lot size
with the Lot containing about 4,000 square feet of area in a district that requires a
minimum lot size of20,000 square feet.
The Premises is located at 53 WASHINGTON STREET, Assessor's Map 59.4,
Parcels 294 and 295, Land Court Plan 3092-D, Block 138, Lots 21 and 22. The property
is zoned Residential-2.
Nancy J. Sevrens
THIS NOTICE IS AVAILABLE IN LARG PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
CASE NO.O'lb-03
FEE: $300.00
AMENDED APPLICATION FOR RELIEF
Owner's name(s): Howard Bardsley III
Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP
Applicant's name(s): Randolph G. Sharp, Jr. (Contract Purchaser)
Mailing address: 6 Young's Way, P. O. Box 2669, Nantucket, Massachusetts 02584
Locus address: 53 Washington Avenue, Madaket Assessor's Map/Parcel: 59.4-294 and 295
Land Court Plan No.: 3092-0 Lots Nos.: Block 138, Lots 21 and 22
Date lot acquired: April 12, 1971 Cert. of Title: 6193 Zoning District: Residential-2
Uses on Lot - Commercial: None x Yes (describe)
Residential: Number of dwellings~ Duplex_ Apartments_Rental Rooms
Building Date(s): All pre-date 7/72? x
or
C ofO(s)?
Building Permit Nos:
Previous Zoning Board Application Nos.:
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By~w, and supporting details, grounds for grant of relief, listing any existing nonconformities:
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See attached addendum.
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omplete and true to the best of my
SIGNATURE: <- Applicant Attorney/Agent x
(If not owner or ower's attorney, please enclose proof of agency to bring this matter before the Board)
...- FOR BOICE USE
Application received on:2.//01$By: ComPlete:C./ Need copies?: '.
Filed with Town Clerk:3&/C13> Planning Board:? &/~uilding Dept.~~BY: ~_)
Fee deposited with Town Treasurer.'l:,,-#~n): CT""aiver requested?:~anted:_I_I_
Hearing notice posted with Town Clerk:-1.lk22Mailed:_"l2O~&M: -;1!!{t;fl? & 71571]23
Hearing(s) held on:_I_I_ Opened on:~_I_ Continued to:_I_I_ Withdrawn?:_I_I_
DECISION DUE BY: I I
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DECISION APPEALED?: I
Made: I I Filed w/Town Clerk: I I
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SUPERIOR COURT:
LAND COURT
Form 4/03/03
ADDENDUM
The applicant, as contract purchaser, requests a Special Permit
under Nantucket Zoning By-law ~139-33.A, to demolish a pre-
existing, nonconforming dwelling and to replace it with a new
dwelling, which will be less nonconforming than the existing
structure. The existing dwelling is nonconforming as to front
yard setback, with setback of about 9.2 feet, in a district where
minimum front yard setback is 30 feet, and northeasterly side
yard setback of zero feet (the existing structure actually
encroaching on the abutter's land), with minimum side yard
setback being 10 feet in this district. The locus has lot area
of about 4,000 square feet, with minimum lot area in this
district being 20,000 square feet. The proposed new dwelling
will have front yard setback of about 20.3 feet, and
northeasterly side yard setback of about 5.3 feet. The
applicable ground cover ratio of 30% for a pre-existing lot of
record with area less than 5,000 square feet will not be
exceeded, and all other applicable zoning requirements will be
met. In the alternative, the applicant requests relief by
Variance from the front yard setback requirement of 30 feet under
By-law ~139-l6 .A, to allow the new dwelling to be sited about
20.3 feet from Washington Avenue. Although the locus has been in
common ownership with adjacent land, it is considered as a
separate lot for all purposes under the Zoning By-law by virtue
of the definition of "Lot" in By-law ~139-2, because each of the
locus and the adjacent parcel was lawfully improved with a
dwelling conforming to applicable zoning requirements (that is,
none) prior to adoption of the Zoning By-law, and each lot
complied with applicable zoning requirements (that is, none) at
the time of construction. The applicant also requests a Special
Permit under By-law ~139-l6.C(1), to reduce the side yard setback
distance to 5 feet, in order to approve the proposed siting of
the new dwelling.
F:\WpS\Sharp\Randolph\53 Washington Ave\ZBA APP.doc
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
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A Public Hearing of the NANTUCKET ZONING BOARD OF A.PPEAL~ill
be held at ':00 P.M., FRIDAY, JUNE 13, 2003, IN THE CONFERENCE RoQM,
TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the
Application of the following:
HOWARD BARDSLEY, III, OWNER AND FOR RANDOLPH G. SHARP, JR.,
CONTRACT PURCHASER
BOARD OF APPEALS FILE NO. 046-03
Applicant (Sharp) is seeking relief by Special Permit under Nantucket Zoning By-
law Section 139-33A (alteration/expansion of a pre-existing nonconforming
structure/use) and under Section 139-16C(1) to reduce the northeasterly side yard setback
distance from ten feet to five feet. Applicant proposes to demolish an existing single-
family dwelling and reconstruct a new single-family dwelling, which would be less
nonconforming than the existing structure. The existing dwelling is nonconforming as to
front yard setback, being sited as close as about 9.2 feet from the front yard lot line in a
district that requires a minimum front yard setback of 30 feet, and as to side yard setback
with the structure being sited at zero feet (actually encroaching onto the abutter's
property) from the northeasterly lot line, in a district that requires a minimum side yard
setback of ten feet. The new structure would be less nonconforming as to front and side
yard setbacks as it would be sited at about 20.3 feet from the front yard lot line and at
about 5.3 feet from the northeasterly side yard lot line. The Locus would continue to meet
ground cover, other setback and parking requirements. In addition, the Locus is
nonconforming as to lot size with the Lot containing about 4,000 square feet of area in a
district that requires a minimum lot size of 20,000 square feet.
The Premises is located at 53 WASHINGTON STREET, Assessor's Map 59.4,
Parcels 294' and 295, Land Court Plan 3092-D, Block 138, Lots 21 and 22. The property
is zoned Residential-2.
~OJY\.~~ G, Jrf'~
Nancy J. Sevrens, C a an
THIS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
CASE No.oCfWo3
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s): Howard Bardsley III
Mailing address: c'o Reade, Gullicksen, Hanley & Gifford, LLP
Applicant's name(s): Randolph G. Sharp, Jr. (Contract Purchaser)
Mailing address: 6 Young's Way, P. O. Box 2669, Nantucket, Massachusetts 02584
Locus address: 53 Washington Avenue, Madaket Assessor's Map/Parcel: 59.4-294 and 295
Land Court Plan No.: 3092-D Lots Nos.: Block 138, Lots 21 and 22
Date lot acquired: April 12, 1971 Cert. of Title: 6193 Zoning District: Residential-2
Uses on Lot-Commercial: None x Yes (describe)
Residential: Number of dwellings-1- Duplex_ Apartments_Rental Rooms
Building Date(s): All pre-date 7172? x
Building Permit Nos:
Previous Zoning Board Application Nos.:
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:
or
C of O(s)?
See attached addendum.
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the p s and penalties perjury.
SIGNATURE: Applicant Attorney'Agent x
(If not owner or 0 ner's attorney, p ease enclose proof of agency to bring this matter before the Board)
FOifZ'fiA OFFICE USE ../
Application received on: 67 9' ,03 By: (.eI2MJ Complete: f-/' Need copies?: ~
Filed with Town Clerk:-LS7 2f1cbPI~nning RQ~rd.:_I_/_ BUlldmg uept.:_,_V By: L6"~
Fee deposited with Town Treasurer:J:,ze;O...3By: ~iver requested?:_Granted:_'_/_
Hearing notice posted with Town Clerk: Ji!9lCb Mailed~~> J::) C8> I&M: Sf IfP5 & (P ,f/Q3
Hearing(s) held on:_'_'_ Opened on:_'_'_ Continued to:-'-'_ Withdrawn?:_'_'_
DECISION DUE BY:_'_'_ Made:_/_'_ Filed w/Town Clerk:_'_'_ Mailed:_/_/_
DECISION APPEALED?: , , SUPERIOR COURT: LAND COURT Form 4'03/03
ADDENDUM
The applicant, as contract purchaser, requests a Special Permit
under Nantucket Zoning By-law ~139-33.A, to demolish a pre-
existing, nonconforming dwelling and to replace it with a new
dwelling, which will be less nonconforming than the existing
structure. The existing dwelling is nonconforming as to front
yard setback, with setback of about 9.2 feet, in a district where
minimum front yard setback is 30 feet, and northeasterly side
yard setback of zero feet (the existing structure actually
encroaching on the abutter's land), with minimum side yard
setback being 10 feet in this district. The locus has lot area
of about 4,000 square feet, with minimum lot area in this
district being 20,000 square feet. The proposed new dwelling
will have front yard setback of about 20.3 feet, and
northeasterly side yard setback of about 5.3 feet. The
applicable ground cover ratio of 30% for a pre-existing lot of
record with area less than 5,000 square feet will not be
exceeded, and all other applicable zoning requirements will be
met. Al though the locus has been in common ownership with
adjacent land, it is considered as a separate lot for all
purposes under the Zoning By-law by virtue of the definition of
"Lot" in By-law ~139-2, because each of the locus and the
adjacent parcel was lawfully improved with a dwelling conforming
to applicable zoning requirements (that is, none) prior to
adoption of the Zoning By-law, and each lot complied with
applicable zoning requirements (that is, none) at the time of
construction. The applicant also requests a Special Permit under
By-law ~139-l6.C(1), to reduce the side yard setback distance to
5 feet, in order to approve the proposed siting of the new
dwelling.
F:\WpS\Sharp\Randolph\53 Washington Ave\ZBA APP.doc
~II'OO
Town of Nantucket
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
. " 12 /l ~ /J Q, ( P A jN vlL/>.4i rv A /')1 \/ f) dE
PROPERTY OWl-!ER............. .uN.W..J ~ ~"J"" t:I::fI1............... rrn {AL~
MAILING ADDRESS.................. .................. ..~.......................... .....
PROPERTY LcicA TION........ .2.3...... ~~... ~
,: I) q {I - ~'J 9' / '~ &.1 s
ASSESSORS MAPfPARCEL............ .x.....~... .J.. ..~...........................
APPLICANT.. . .. .. . .. ... .R.a.:U2y. ., . . .. f):60,{ 'y.?. ... ... .4.cif... .~.3.lf.~
SEE ATIACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting property, owners of
land directl~ opposite on any public or private street or way; and abutters of the abutters and all
other land owners within 300 feet of the property line of owner's property, all as they appear on
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139-29D (2) .
~..IG"..2f).??3
L.a.dJw
DATE'
RECE\VED
BOARD OF ASSESSORS
APR 112003
TOWN OF
NANTUCKET, MA
ASSESSOR'S OFFICE
Town of Nantucket
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If4fORMATION SHOWN HEREON WAS
COMPilED FROM AERIAl PHOTOGRAPHS. DfEDS.
AND PlANS OF RECORD AND IS NOT TO &E
CONSTRUED AS HAVING SUFFICIENT ACCUR.
ACY FOR CONVEYANCE
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3070 FO/{ LOT OF REeoeD
WIT/-( ARXA <: scx::os.F. (24 %:t:PR.OPOSE:D)
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/'/
@ DENOTES EXISTING- STRUCTURE
:/ /~. AREA = 4b2r S.p..
ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE
PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET
COUNTY REGISTRY Of DEEDS FOR RECORDING PURPOSES.
IN CASES OF DISCREPANCIES REGARDING INfORMATION CONTAINED
HEREON AND UNAU1HORlZED PHOTOCOPIES OF THIS PLAN. ONLY
ORlGINALL Y STAMPED AND ENOORSEDED COPIES SHAt!. BE
ACKNOWLEDGED BY THE CERT1fT'lNG LAND SURVEYOR.
THIS PLOT PlAN WAS PREPARED TO ACCOMPANY AN APPlICATION
TO THE NANTUCKET BOARD OF APPEALS ANDIS NOT TO BE
CONSIDERED A rut!. INS'TRlM:NT SURVEY.
THIS PlAN SHOULD NOT BE USED TO ESTAPUSH PROPERlY UNES. .
FENCES, HEDGES OR ANY ANCIl.LARY STRUCTUR~S ON THE PREMISES.
iHE PROPERlY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS
OF RECORD.
THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TO THE Tm.E OR
OWNERSHIP Of THE PROPC:RlY SHOWN. OWNERS OF ADJOINlNG PROPERTIES
ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR
RECORDS,
THIS PLAN WAY NOT BE USED FOR ANY OTHER PURPOSE THAN ITS
INTENDED USE NQTED ~.
,slockwell " Associotes Inc. FBK:
c:'o&. ,Itll) ;bOCI.dWg
AVE N U E
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MuABESSACJ LL..C
Plot Plan to Accompany
Board of Appeals Application
'in
N a:ntuclcet, J{ BSSBChusetts
SCALE: 1"= /5 DATE: MAYfO/2003
Owner: . 1!.0rl.A~P. .73.A;~l?~L.E.Y. ;zJ;l, . . . . . .
. . . . . . . . . . . . . . i...oT'S 'zi.,.'zi 'sLK.I38
DeedjCert.: ~~IfJ: ~{~~. Plan: L;C; ~Q9f(.-:l'( . . .
Tax Map: ~~1 ~ ~?1- Locus:#-?-? !^I1'-~Hlk(GTot-l.A'fIf..
BLACKWELL ct ASSOCIATES, Inc.
Prof8ssitmDl LaAd Sv:rwyors
20 TeasdoJe Circ,le
Nantucket, J/o'ssockusetts 02554
/4c;-GZ (608) 228-902,6 B-GI/G