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To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: () IS- -0-3
Owne r / App 1 i can t : Ale) I rf) ~ 0 ftr oncC (0/ I ('if I .
COy) Siruri, 0J1 ) .;e)1 r .
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.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESNUT STREET
NANTUCKET, MASSACHUSETTS, 02554
Assessor's Map 53
Parcel 25
LUG-3
Off Milestone Road
Barnard Valley Road
Plan File 32-B, Lot 8
Deed Ref.: 372/088
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M.,
Friday, October 17,2003, in the Conference Room, Town Building Annex, 37 Washington
Street, Nantucket, Massachusetts, on the Application of HOLD GATE AND COLLETTI
CONSTRUCTION, INC. c/o Vaughan, Dale and Hunter, P.C., P.O. Box 659, Whaler's Lane,
Nantucket, Massachusetts, 02554, Board of Appeals File No. 075-03, the Board made the
following Decision:
1. Applicant is seeking relief by SPECIAL PERMIT under Zoning By-Law Section
139-33A to demolish an existing structure presently used, in part, to provide cover for trucks and
heavy equipment incidental to Applicant's construction and borrow pit business. In the place of
this demolished structure, Applicant proposes to construct two (2) new buildings, each with
dimensions of approximately 50 feet by 125 feet. The Applicant intends to move much of its
heavy equipment and trucks under cover and out of the elements. The Locus contains about
550,911 square feet (about 12.65 acres) and the existing structures on the Locus have a ground
cover ratio of about 0.15%. The proposed structures will comply with all zoning intensity
regulations. The Locus is non-conforming as to frontage with the Lot having no frontage; and as
to use because the Applicant operates a commercial contracting and borrow pit business in a
zoning district limited to residential uses. To the extent necessary, Applicant also seeks relief by
VARIANCE under Nantucket Zoning By-Law Section 139-16A to allow the proposed project,
and a MODIFICATION of the previous Decisions in BOA File Nos. 098-85 and 037-84.
The Premises is located OFF MILESTONE ROAD, BARNARD VALLEY ROAD,
Assessor's Map 53, Parcel 25, Plan File 32-B, Lot 8. The property is zoning LIMITED USE
GENERAL-3.
2. The Decision is based upon the Application and the materials submitted with it;
and the testimony and evidence presented at the public hearing. Robert L. Gardner, General
Manager of the Wannacomet Water Company, wrote a letter on October 3,2003 stating that
though the Locus is situated within the Public Wellhead Recharge District, the proposed project
does not create additional impervious ground cover that would result in an impervious ground
cover ratio for all structures in excess offifteen (15%) percent of lot area, and no Certificate of
Water Quality Compliance is required for the project under Section 139-12B(2)(s) of the By-
Law. He also stated that the proposed project would not have a negative impact on ground water
quality. Zoning Enforcement Officer Marcus Silverstein wrote a letter on October 17, 2003
stating that the proposed project would not". .. trigger the conditions requiring a Planning Board
Special Permit for work within the Public Wellhead Recharge Overlay District (PWR), as listed
in Section 139-12B3(c) of the Zoning Code." There were no other letters on file and no
opposition presented at the public hearing.
3. The Applicant, through counsel, stated that the Locus had been used in its entirety
as a commercial borrow pit from a time prior to 1930 until the present, and had also been used
for commercial contracting and construction purposes during that time. Specifically, the Locus
had been used for the storage of construction vehicles and masonry supplies, as a site for an
asphalt plan, as a site for a non-bituminous concrete mixing plant, and as a site to garage various
heavy equipment and vehicles associated with those non-conforming commercial uses. Applicant
proposed to demolish an existing garage and replace it with two new storage buildings to provide
cover for the equipment, vehicles, construction supplies, and masonry supplies. As the project
was sub-grade due to the nature of the business, and located within a multi-acre plot, there would
be little impact upon the surrounding residential neighborhood and would actually improve the
site with the provision of indoor storage space for items currently stored in the open.
4. Based upon the foregoing, the BOARD finds that the commercial uses existing on
the Locus have existed from a time prior to the enactment of the Nantucket Zoning By-Laws in
1972 to the present and such uses are pre-existing, nonconforming uses. Further the BOARD
finds that demolition of the existing garage structure and its replacement with two new garages
with dimension of about 50' x 125'each will not be substantially more detrimental to this
neighborhood than the existing conditions on the property because the new garages will protect
Applicant's vehicles and construction supplies from the elements, remove such vehicles and
supplies from public view, and provide additional ground water protection because the vehicles
and supplies will rest on concrete pads within the garages rather than on bare ground as noted in
Wannacomet Water Company General Manager Robert L. Gardner's letter of October 3,2003.
Moreover, the BOARD finds that the proposed project would not render impervious more than
15% oflot area and is not a prohibited use in the Public Well Recharge Overlay District (PWR)
as set forth in Section 139-12B(2)(s) of the By-Law nor does it require a Nantucket Planning
Board Special Permit for water quality compliance under Section 139-12B(3) of the By-Law,
based upon the above letters from Mr. Gardner and Mr. Silverstein. In these circumstances, we
find further that the requested SPECIAL PERMIT relief is appropriate and supported by the
evidence presented to the BOARD and no Variance relief is necessary to complete the project as
proposed. In addition, the Board finds that the addition of the two new storage buildings would
not trigger the Major Commercial Development provisions of the Nantucket Zoning By-law as
the Applicant is not creating additional commercial space, but covering existing commercial
exterior space.
5. Accordingly, by UNANIMOUS VOTE, the Board GRANTS the requested
SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A to allow the demolition of
the existing garage, and the replacement of such structure with two (2) new garage structures
each with a ground cover of about 50' x 125' square feet, subject to the following conditions:
1. The Premises shall be limited to commercial uses by one (1) business
entity; and
2. The new structures shall be placed in substantial conformance with the
"Plot Plan" done by Nantucket Surveyors, Inc., dated September 8,2003,
a reduced copy of which is attached hereto as Exhibit A.
6. By a UNANIMOUS VOTE, the Board waived the minor site plan review under
Nantucket Zoning By-law Section 139-23.
Dated: October ~ 7 ,2003
Nantucket, MA
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETIS 02554
Da te: UO ne.. ;ll, ~a1 c.;
TO: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of
the following:
APPLICATION NO.: t) 7S".. ().3
OWNER/APPLICANT: tiE!/d?crfI QY1~ (h lLefh
Cm~7mr~\dlJ drfY'-. .
Enclosed is the Decision of the Board of Appeals which has this
day been filed with the Nantucket Town Clerk. This Decision
provides a CLARIFICATION (not a Modification), an EXTENSION, or
authorizes a TEMPORARY PERMIT under Nantucket Zoning By-Law
~139-26H, with NO twenty (20) day appeal period required.
~/
Chairman
cc: Town Clerk
Planning Board
Building Department
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESNUT STREET
NANTUCKET, MASSACHUSETTS, 02554
Assessor's Map 53
Parcel 25
LUG.3
Off Milestone Road
Barnard Valley Road
Plan File 32-B, Lot 8
Deed Ref.: 372/088
At a Public Hearing ofthe Nantucket Zoning Board of Appeals, held at 1 :00 P.M.,
Friday, June 11,2004, in the Conference Room, Town Building Annex, 37 Washington Street,
Nantucket, Massachusetts, on the request for a CLARIFICATION of the Decision issued in
BOA File No. 075-03, of HOLD GATE AND COLLETTI CONSTRUCTION, INC. c/o
Vaughan, Dale and Hunter, P.C., P.O. Box 659, Whaler's Lane, Nantucket, Massachusetts,
02554, the Board made the following Clarification:
1. Applicant is seeking a CLARIFICATION or the Decision in BOA File No. 075-
03. Applicant proposes to substitute a new Exhibit A for the Exhibit A that was attached to said
Decision in error. The previous plan was provided to the Board indicating a specific location of
two new storage buildings that were to be used in conjunction with the Applicant's excavating
business. The Board had allowed demolition of the existing garage structure and its replacement
with two new garages with dimension of about 50' x 125'each. The buildings were actually
intended to be sited in the same area but further back from the westerly lot line than originally
shown and Applicant seeks to rectify this error on the plan.
The Premises is located OFF MILESTONE ROAD, BARNARD VALLEY
ROAD, Assessor's Map 53, Parcel 25, Plan File 32.B, Lot 8. The property is zoning LIMITED
USE GENERAL-3.
2. Based upon the representations of Applicant's counse~ the Board allowed the
CLARIFICATION of the Decision in BOA File No. 075-03 by a UNANIMOUS vote, to allow
the replacement of the previous Exhibit A with the new "Plot Plan to Accompany A Zoning
Board of Appeals Application", done by Nantucket Surveyors Inc., dated September 8, 2004, and
revised September 9,2004, a reduced copy of which is attached hereto as new Exhibit A The
conditions contained in the previous Decision are not affected by this Clarification, other than to
substitute the new Exhibit A for the one indicated in the Decision.
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VAUGHAN, DALE AND HUNTER
EDWARD FOLEY VAUGHAN
KEVIN F. DALE
WILLIAM F. HUNTER
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
WHALER'S LANE
P.O. Box 659
NANTUCKET, MAsSACHUSETTS 02554
MARTIN JEFFREY STETINA'
'ADMITTED IN PENNSYL V AIDA
TEL: (5081 228-4455
FAX: {S081 228-3070
June 8, 2004
Linda Williams, Zoning Administrator
Nantucket Zoning Board of Appeals
Chestnut Street
Nantucket, MA 02554
Re: Clarification Request ZBA File # 075-03
Holdgate & Colletti Construction, Inc" William Holdgate, President
Off Milestone Road (Barnard Valley Road)
Nantucket, Massachusetts
Dear Linda:
An incorrect exhibit plan was inadvertently filed with the application in ZBA File
# 075-03, a copy of which is attached hereto.
I have enclosed a copy of the correct plan and herein request that the Nantucket
Zoning Board of Appeals render a CLARIFICATION in this matter that provides for the
substitution of the correct plan as the record exhibit in this ZBA matter.
Please note that the only difference in the two plans is the location of the first
approved building away from the entrance to the property to the other side of the second
approved building. In all other respects the plans are identical.
If possible, please mark this matter for consideration by the Board for this Friday,
June 11, 2004.
WFH/
Enclosures
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET,
MASSACHUSETTS ~~~54
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To: Parties in Interest and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: () is- -0-3
Owner/Applicant: Ale) ( rf) ~ oi7r oniJ (01 (eifl'
COy) Siruri, 011 ) ;;e.)1 r .
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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 ~own
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);- Y139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESNUT STREET
NANTUCKET, MASSACHUSETTS, 02554
Assessor's Map 53
Parcel 25
LUG-3
Off Milestone Road
Barnard Valley Road
Plan File 32-B, Lot 8
Deed Ref.: 372/088
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P.M.,
Friday, October 17,2003, in the Conference Room, Town Building Annex, 37 Washington
Street, Nantucket, Massachusetts, on the Application of HOLD GATE AND COLLETTI
CONSTRUCTION, INC. c/o Vaughan, Dale and Hunter, P,C" P.Q, Box 659, Whaler's Lane,
Nantucket, Massachusetts, 02554, Board of Appeals File No. 075-03, the Board made the
following Decision:
1. Applicant is seeking relief by SPECIAL PERMIT under Zoning By-Law Section
139-33A to demolish an existing structure presently used, in part, to provide cover for trucks and
heavy equipment incidental to Applicant's construction and borrow pit business. In the place of
this demolished structure, Applicant proposes to construct two (2) new buildings, each with
dimensions of approximately 50 feet by 125 feet. The Applicant intends to move much of its
heavy equipment and trucks under cover and out of the elements, The Locus contains about
550,911 square feet (about 12.65 acres) and the existing structures on the Locus have a ground
cover ratio of about 0,15%. The proposed structures will comply with all zoning intensity
regulations. The Locus is non-conforming as to frontage with the Lot having no frontage; and as
to use because the Applicant operates a commercial contracting and borrow pit business in a
zoning district limited to residential uses. To the extent necessary, Applicant also seeks relief by
VARIANCE under Nantucket Zoning By-Law Section 139-16A to allow the proposed project,
and a MODIFICATION of the previous Decisions in BOA File Nos, 098-85 and 037-84.
The Premises is located OFF TMILESTONE ROAD, BARNARD VALLEY ROAD,
Assessor's Map 53, Parcel 25, Plan File 32-B, Lot 8, The property is zoning LIMITED USE
GENERAL-3,
2. The Decision is based upon the Application and the materials submitted with it;
and the testimony and evidence presented at the public hearing. Robert L. Gardner, General
Manager of the Wannacomet Water Company, wrote a letter on October 3,2003 stating that
though the Locus is situated within the Public Wellhead Recharge District, the proposed project
does not create additional impervious ground cover that would result in an impervious ground
cover ratio for all structures in excess of fifteen (15%) percent oflot area, and no Certificate of
Water Quality Compliance is required for the project under Section 139-12B(2)(s) of the By-
Law. He also stated that the proposed project would not have a negative impact on ground water
quality. Zoning Enforcement Officer Marcus Silverstein wrote a letter on October 17, 2003
stating that the proposed project would not". ., trigger the conditions requiring a Planning Board
Special Permit for work within the Public Wellhead Recharge Overlay District (PWR), as listed
in Section 139-12B3(c) of the Zoning Code." There were no other letters on file'and no
opposition presented at the public hearing,
3. The Applicant, through counsel, stated that the Locus had been used in its entirety
as a commercial borrow pit from a time prior to 1930 until the present, and had also been used
for commercial contracting and construction purposes during that time. Specifically, the Locus
had been used for the storage of construction vehicles and masonry supplies, as a site for an
asphalt plan, as a site for a non-bituminous concrete mixing plant, and as a site to garage various
heavy equipment and vehicles associated with those non-conforming commercial uses. Applicant
proposed to demolish an existing garage and replace it with two new storage buildings to provide
cover for the equipment, vehicles, construction supplies, and masonry supplies. As the project
was sub-grade due to the nature of the business, and located within a multi-acre plot, there would
be little impact upon the surrounding residential neighborhood and would actually improve the
site with the provision of indoor storage space for items currently stored in the open.
4, Based upon the foregoing, the BOARD finds that the commercial uses existing on
the Locus have existed from a time prior to the enactment of the Nantucket Zoning By-Laws in
1972 to the present and such uses are pre-existing, nonconforming uses, Further the BOARD
finds that demolition of the existing garage structure and its replacement with two new garages
with dimension of about 50' x 125'each will not be substantially more detrimental to this
neighborhood than the existing conditions on the property because the new garages will protect
Applicant's vehicles and construction supplies from the elements, remove such vehicles and
supplies from public view, and provide additional ground water protection because the vehicles
and supplies will rest on concrete pads within the garages rather than on bare ground as noted in
Wannacomet Water Company General Manager Robert L. Gardner's letter of October 3,2003,
Moreover, the BOARD finds that the proposed project would not render impervious more than
15% oflot area and is not a prohibited use in the Public Well Recharge Overlay District (PWR)
as set forth in Section 139-12B(2)(s) of the By-Law nor does it require a Nantucket Planning
Board Special Permit for water quality compliance under Section 139-12B(3) of the By-Law,
based upon the above letters from Mr. Gardner and Mr. Silverstein. In these circumstances, we
find further that the requested SPECIAL PERMIT relief is appropriate and supported by the
evidence presented to the BOARD and no Variance relief is necessary to complete the project as
proposed. In addition, the Board finds that the addition of the two new storage buildings would
not trigger the Major Commercial Development provisions of the Nantucket Zoning By-law as
the Applicant is not creating additional commercial space, but covering existing commercial
exterior space,
5. Accordingly, by UNANIMOUS VOTE, the Board GRANTS the requested
SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A to allow the demolition of
the existing garage, and the replacement of such structure with two (2) new garage structures
each with a ground cover of about 50' x 125' square feet, subject to the following conditions:
1, The Premises shall be limited to commercial uses by one (1) business
entity; and
2, The new structures shall be placed in substantial conformance with the
"Plot Plan" done by Nantucket Surveyors, Inc" dated September 8, 2003,
a reduced copy of which is attached hereto as Exhibit A.
6, By a UNANIMOUS VOTE, the Board waived the minor site plan review under
Nantucket Zoning By-law Section 139-23.
Dated: October ~ 7 ,2003
Nantucket, MA
C. Richard Loftm
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~f(jW~ O..ERK. AND l}!;\T NO APPEAL HAS BEF.N
rtUD. rtmSUANT1'O Ct1ZNERALLAWS 4OA. SBCnml U
.~J~r~Y
MAY 0 6 2004
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ATTEST: A TRUE COpy
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NANTUCKET TOWN CLERK
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will
be held at 1:00 P.M., FRIDAY, OCTOBER 17, 2003, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
HOLDGATE AND COLLEm CONSTRUCTION, INC.
BOARD OF APPEALS FILE NO. 075-03
Applicant is seeking reliefby SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/expansion of a pre-existing, non-conforming
use/structure). The Applicant is requesting a Special Permit to demolish an existing
structure presently used, in part, to provide cover to the trucks and heavy equipment
incidental to Applicant's construction and borrow pit business. In the place of that
structure the Applicant proposes to construct two new buildings each with dimensions of
approximately 50 feet by 125 feet. The Applicant's intent is to move much of said heavy
equipment and trucks under cover and out of the elements. The Locus contains about
550,911 square feet of area (about 12.65 acres) with an existing ground cover ratio of
about 0.15%. The proposed structures would comply with all setback requirements, The
Locus is nonconforming as to frontage with the Lot having no frontage; and as to use,
with there being a commercial operation in a residential zone. To the extent necessary, .
Applicant is also requesting reliefby V ARlANCE under Nantucket Zoning By-law 8
Section 139-16A to allow the proposed project and a MODIFICATION of the previou~
Decisions in BOA File Nos. 098-85 and 037-84. Cd
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The Premises is located at OFF MILESTONE ROAD, BARNARD VALLEY
-0
ROAD, Assessor's Map 53, Parcel 25, Plan File 32-B, Lot 8. The property is zoned N
Limited-Use-General-3, 2:)
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THIS NOTICE IS AVAILABLE 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, MA 02554
APPLICATION FOR RELIEF
CASE NOJ)lS"'~
FEE: $300.00
Owner's name(s): Holdgate and Colletti Construction, rnc.
Mailing address: c/o Vaughan, Dale and Hunter, P.C., P.O. Box 659, Nantucket, MA 02554
Applicant's name(s): Same
Mailing address:
Locus address: Off Milestone Road (Barnard Valley Rd) Assessor's Map/Parcel: 53/25
Ian File No.: 32-B Lot No.: 8
Date lot acquired:~/2-/ 83 Deed Ref.~~ 372/088 Zoning District: LUG-3
Uses on Lot-Commercial: None_ Yes (describe) Borrow Pit
Residential: Number of dwellings_ Duplex_ Apartments_Rental Rooms
Building Date(s): All pre-date 7/72?
Building Permit Nos:
Previous Zoning Board Application Nos.: 037-84, 098-85
or
C of O(s)?
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:
Please see Addendum attached hereto.
SIGNATURE: Applicant Attorney/Agent /
(If not owner or owner's attor ey, please enclose proof of agency to bring this matter before the Board)
FO~ ~4 9~FICE USE
Application received on:!l./__ y: t{jl).j~ Complete: Need copies?: r~ \
Filed with Town Clerk:!l-)32.~ . . Ul ding By:LtU-)
Fee deposited with Town Treasurer:..2.;..1:J/6By: aiver requested?: Granted:_/_/_
Hearing notice posted with Town Clerk:,]jib/btailed:lP I / ~&M:IQ'21~& j{)n~
Hearing(s) held on:_/_/_ Opened on:_/_/_ Continued to:_/_/_ Withdrawn?:_/_/_
DECISION DUE BY:--!_/_ Made:--!_/_ Filed wffown Clerk:_/-,_ Mailed:_/_/_
............. -............-...... ,--- . - -- -
ADDENDUM
HOLDGATE & COLLETTI
CONSTRUCTION, INC.
ZBA APPLICATION
Holdgate & Colletti Construction, Inc., William Holdgate, President (hereinafter
"Applicant") seeks a Special Permit pursuant' to Section 139-33A(4)(a) and (b)
(Extension or Alteration of Pre-existing, Non-conforming Structures or Uses) and-J3-9--
l'.ltl(3), (P~lluitting of Uses in the Public Well Headltecharge OVerlay DiStflct).,. The
Applicant is requesting a Special Permit to demolish an existing structure presently used,
in part, to provide cover to the trucks and heavy equipment incidental to Applicant's
construction and borrow pit business. In the place of that demolished structure, the
Applicant proposes to construct two new buildings each with dimensions of
approximately 50::1: feet by 125::1: feet, The Applicant's intent is to move much of the
heavy equipment and trucks incidental to his business inside, under cover and out of the
elements.
The allowable ground cover ratio in this Zoning District is 3% of lot area. Lot
area for Locus is 550,911 s.f +/- (12.65 Acres). Existing ground cover ratio is 0.15% of
lot area. Proposed ground cover ratio will comply with the zoning requirement.
Locus has been used in its entirety as a borrow pit since prior to 1930. There have
been other borrow pit related uses on the property since a time pre-dating the adoption of
the Nantucket Zoning Bylaw in July, 1972, as well as pre-dating the adoption of Section
12, Public Well Recharge District Overlay in March, 1991.
Since 1930, Locus has been used as a borrow pit, with incidental construction and
masonry uses for both the owner of record and for other individuals with related and
incidental businesses. For example, Locus has been used for the storage of construction
vehicles and masonry supplies on the Premises, as a site for an asphalt plant, as a site for
a non-bituminous concrete mixing plant, for off-site use, and as a site to garage various
equipment and vehicles associated with the herein described uses.
Applicant now proposes to consolidate the storage of equipment and vehicles
under cover of roof; as well as to provide cover for various small individual masonry
businesses that store masonry related items on Locus.
Locus consists of a 12.65:l:: acre lot ofland in the LUG-3 Zoning District requiring
a minimum lot size of three (3) acres. Locus is non-conforming as to frontage, having no
frontage off on a "street" as defined for the purposes of Zoning and the subdivision
control law. Locus is pre-existing, non-conforming as to use being a commercial
construction business and borrow pit while providing storage and warehousing for the
Applicant's business as well as various local masons who store materials at the borrow
pit site.
As the Applicant and his predecessors in title have used Locus in a continuous
fashion since 1930 for the purposes of servicing heavy equipment and construction
related vehicles, as well as the primary use of a borrow pit, various of the uses currently
on-site are pre-existing and non-conforming with respect to the prohibited uses in the
Public Wellhead Recharge District,
The proposed demolition of an existing garage on-site and the construction of two
buildings having dimensions of approximately 50 feet by 125 feet each lessens the non-
conforming nature ofthe uses of the Locus, By granting the Special Permit requested by
the Applicant, the Board will be acting in a manner consistent with the spirit and intent of
Section 139-33A and Section 139-12B of the Bylaw.
The Applicant respectfully requests that the Board vote in favor ofthe requested
Special Permit. Additionally, and to the extent that may be necessary, Applicant herein
requests any Variance relief that may be deemed necessary by the Board,
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We. Cu.RA B'. LOw In4FAANK H. LOW. of 33 Joan Drive.
ChlPPlqUl. NewYnlt 10514.( "Grantots"), 'ct1n9p\lr"~.nt to IneS
In full perfotmlnce otthe Hdue1ny QbUqldons of -.'
reconveyance and any othl!robliqltion. impond u~~n\liby I
ceruln Settlement Agteement between the Guntiorl Itld the
. following Or.nteedued De-cerilber18.UU wi.th re.pect to I
.' : proceeding in the Mo&...chuutts t.andCoul't entitled Clara B.
Lo..., etal. v. John Doe. elal. i Mhc;;llhn.ouiCueNo. 9Un
(the "Settlement Aqreement"). hereby qrant to.HOLDGATE'
CQLt.E'r'l:ICONSTRUCTI<:lN. ,INC.. a Massa.chusetts corporationhlvin~
itSU6UII1 place,pof busines,s at Old South Roali. NU'itucket.
MassachUsetts 02554 ("Gr an.tee"). wi thqui t.elaim covenant.s. that
certa in pllrcel of 1 and. . together i.rith any impr.ovements .located
therEtc..l. desc~ ibedu fo 11o...,s.: '
The certain real property iocaced in' the North Putute .
beyond the second miles.toneon Milestone Road. ,in the ToWn and
COunty of Nantucket; Massachusetts. s'hooJri uLot 80na plan
entitled "Cbmpile4 Plan of Land Milestone ltoad 1nNantucket.
Mass... (Nantucket County)" prepared for Funk H. and ClulI B.
Lo...,-by The ElSC Group - Surveying & Mapping. Inc... dated
D.ecelnber8. .19811. record~d ...,iththeNantucket Registry of Deeds
in Plan File 32-:.I:lon becember 3.0. 1988 (the "Plan"). bounded
and described. according to -the .Plan as follo""s:
NORTHERLY
by Lot'}. o.n the Plan. eight hundred
forty-five (US!) feet, more or hiSS.: .lId
by LClt 901'1 the Plan. Etight },un4re4 forty
(840:t) feet. morEtor less; and
!:.'STEl'lLY
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byLClts7 and 9 on the Plan. seven hundred
sixty-five (765!) fEtet. more or less; And
by Lot. 9 on the Plan. five hundred eighty
(580f) feet. more or less;
containing 12.7 acres. more or less. according to the Plan.
SOUTHERLY
WESTERLY
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This' conv~yance is made ~o~ether with the appu~tenant right
to. use the. roadway or vehicle track shololll as "Road A" on the
Plan for ingress and egress on f()ot and by vehicle .to and from
the property conveyed hereby to and from Milestone ~oad shololll
on the. Plan, a~d for all 'other purposes for which streets and
....ays no.... are or may be customarily used in said Nantucket, in
common ....ith Grantors and others entitled thereto.
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This conveyance is made subject to the follo....ing matters:
(a) Real estate taxes assessed.by the Tololll of Nantucket
for the current f isca 1 year. comrnenc i.ng on July l. 1989.
(b) Rights of others in ~ny 'road~ays. vehlcle tradks oi
paths upon the premi~eshereby conveyed. if any..
ec) All matters of rec~rd and rights of others. if any. in
Proprieo'orlll Roads.
For Grantors' title see Sheri!!' s Deed recorded with said
deeds in Book 238. Page 217. by Deed from ~alterFolgei. Sheila
Fo.lger Todd,Sarah Folger Lamott. and Ruth ~olger Reavey, dated
Octpber10, 1980. record.ed ....itr. said Deeds ln Sook 179..
Page 139. by. Deed. from Julius Jr.nsen HI as Trustee ofllorwood
Farm Trust dated January 2. 198.. recorded with said Deed::; in
Book 306. Page 252. by Deed from James ICGlidden, Executor
under the Wi1-l of Henry Coleman (Nantucket.Ptobate No. .672),
dattld November 12. 1982. recordf'd with uid Deed::; in Book 201,
Page 139. by Deed fto.mPriscllla Maybew, dated October 8. 1982,
recorded with said Deeds in Book 201. Page 136. by Deed from
Holdgate .and Colletti, Inc.. dated October 1. 1985. recorded
with uid. Deeds in Book 238. Page2l0, by two Deeds from .
Nantucket Land Council. Inc.. both dated July 13.198'.
recorded with saidoeeds at Boolt306.Pages253 and 256
respectiyely. ~yDeed from Albert to. Manning, Sr., Albert L.
MIMing, .;,r., 4I\d Gt:ice Dubo1.ahrtlett" dated April ;23. 19.85.
recor<!~d with sai~' Deeds at Book 306. Page 25.. arid by Deed
from NantUc!Cet COMerva'tion Foundat i.on. Inc." dated March 15.
1984, l'8corl:\GdYithuid Deftdi at Book '306. Page255.
thh. convcu'aMeh madelolithQ\1t monetary consideration, II
. r:econvefanca ma4eby (;Ul\torll to Grantee pl.lrl\lant to I
U4uc~lryobHi.tion lmpond uPon GraMon ~yth' S.tt1tlll,nt
~9r..m.~tr.f.rr'd to 'bov.. th\ll c~nltitutift9' diltribl.ltion
in perform'i'c'of th'.. tr\lUlmpl;Iudby l\lchl,nlecnent .
Aiff'lII.nt to tn. b.n.f1chry th.not. _
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STATE OF NEW YORK
. ..; .' A'/.:2:._ 1989
Then personally ap~.ared the atove-named~.-L~:. and
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BoA Form
2-89
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
ASSESSOR'S LIST OF PARTIES IN INTEREST
PROPERTY OWNER: J1 \Ol.~ 1: ~ 6 \\e-m ~~~ M ,-.:s:ni.'
APPLICANT FOR RELIEF (SAME?,~):
ADDRESS OF PROPERTY: <'1fr m\\~\(f(\~ 9n~\)
ASSESSOR'S MAP - PARCEL: ~S 2...~
*
*
LIST OF PARTIES INCLUDING ADDRESSES
*(OR SEE ATTACHED ~):
RECEIVED
BOARD OF ASSESSORS
JUL 2 1 2003
TOWN 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 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, 911 and Zoning Code
Chapter 139, !i13 9-29D (2) ] . j) '. .' .
-7-;<3-03 ~.(!.<-~) tJ.4~
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.
j ah/FOIU1S/boa
SUbmitte~b~Vau~han and Dale, P. C.
Date: '~\.O ~ '\
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Nantucket Islands Land Bank
22 Broad Street
Nantucket, MA 02554
Gary Winn, Trustee
Tetawkimmo Commons Assoc.
35 Main Street
Nantucket, MA 02554
Nantucket Islands Land Bank
22 Broad Street
Nantucket, MA 02554
Gary Winn, Trustee
Tetawkimmo Commons Assoc.
35 Main Street
Nantucket, MA 02554
____ ___ ____-'_u__ ___
Gary Winn, Trustee
Sheep' Common Realty Trust
35 Main Street
Nantucket, MA 02554
Gary Winn, Trustee
Sheep Common Realty Trust
35 Main Street
Nantucket, MA 02554
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Gravello, LLC
C/o Issadore & Arons, LLP
17 Accord Park Drive, Suite 100
Norwell, MA 02061
Gravello, LLC
C/o Issadore & Arons, LLP
17 Accord Park Drive, Suite 100
Norwell, MA 02061