HomeMy WebLinkAbout072-08 Butler
TOWN OF NANTUCKET d
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BOARD OF APPEALS --:J
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APPLICATION ~
Fee: $300.00 File No. Dld- DE
Owner's name(s): David Butler
Mailing address: 8 Salros Road. Nantucket, MA 02554
Phone Number: 508-221-7771
Applicant's name(s): Same
E-Mail:
Mailing Address:
Same
Phone Number:
E-Mail:
Locus Address: 8 Salros Road
Assessor's Map/Parcel: 67/106
Land CourtPlanIPlan Book & Page/Plan File No.: PLBK 22. PG 63 I Lot 5
Book 1127
Deed Reference/Certificate of TIde: PAGE 28 Zoning District RC-2
Commerical-Ilght manufactunng; storage and
Uses on Lot- Commercial: None---X- Yes (describe) assembly of component parts for off-site
Residential: Number of dwellings 1 Duplex Apartments construction or use
per ZBA decision
Date of Structure(s): all pre-date 7/72 or 1997 No. 030-95.
Certificate of Occupancy Nos.
Building Permit Numbers: 13806-96; 13788-96
Previous Zoning Board Application Numbers: 030-95
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
State below or attach a separate addendum of specific special pennits or variance relief applying for:
Special permit relief pursuant to Sections 139-30A and 139-16(c)(2).
See Attached "Addendum."
I certify that the infonnation contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of peIjwy.
SIGNATURE:
Owner'~
':-If an Agent is representin the Owner or the Applicant, please provide a signed proof of agency.
Applicant! Attomeyl Agent*
SIGNATURE:
OFFICE USE ONLY
Application received on:_1 _I _ By:_ Complete:_ Need Copies:_
Filed with Town Oerk: _I ~I _ Planning Board:_1 _I _ Building Dept.:_1 _I _ By:_
Fee deposited with Town Treasurer: _I _I _ By: _ Waiver requested:_
Granted:_1 _I _ Hearing notice posted with Town Oerk: _I _I _ Mailed: _I _I _
1&11_1 _I _ &_1 _I _ Hearing(s) held on:_1 _I _ Opened on :_1 ~ _
Continued to:_1 _I _ Wtthdrawn:_1 _I _ Decision Due By: _I _I _
Made:_1 _I _ Filed w/Town Oerk: .-I_I _ Mailed:_1 _I _
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
ADDENDUM
The Applicant, David Butler, requests a Special Permit pursuant to Sections 139-
30A and 139-16(C)(2) of the Nantucket Zoning By-law for his property located at 8
Salros Road, Nantucket, MA 02554, ("hereinafter the Property"). The Property is shown
as Lot numbered 5 on a plan entitled "Roslyn Estates, Definitive Plan of Land,
Nantucket, MA, prepared by John J. Shugrue, Inc., land surveyor, dated July 9, 1982,
and recorded on September 29, 1983, with Nantucket Registry of Deeds in Book of
Plans 22, Page 63.
The Property is located in the RC-2 zoning district. The side yard setback
requirement in the RC-2 zoning district is five (5) feet. There is currently one (1) single
family dwelling and one (1) shop building on the Property. The Nantucket Zoning Board
of Appeals issued a Special Permit to the former owner of the Premises, Warren W. Hill,
dated May 26, 1995 (ZBA File No. 030-95 permitting the erection of these structures).
A door on the exterior north westerly elevation of the single family dwelling and the door
on the exterior south easterly elevation of the shop building each have a granite step
directly adjacent to the door, shown as "Stone Stoop" on the As-Built Plot Plan prepared
by Emack Surveying dated January 8, 2008, attached hereto as Exhibit "A". These
respective stone steps serving the residential structure and the shop building are
located within the 5' side yard setback as shown on Exhibit "A". More specifically, the
stone step adjacent to the residential structure is approximately 2' to the westerly lot line
and the stone step adjacent to the shop building is approximately l' to the easterly lot
line. However, both the residential structure and the shop building are located outside
the required 5' side yard setbacks. At the time both structures were built, the steps
were in the identical location that they are now and both steps were applied for and
permitted by both the Nantucket Historic District Commission and the Nantucket
Building Department; See Affidavit of Warren W. Hill, attached hereto as Exhibit "B".
Both structures received Certificates of Occupancy from the Nantucket Building
Department on April 6, 1998 and May 1, 1998 respectively, copies of which are
attached as Exhibit "C".
At the time the building permits were applied for and issued for the dwelling and
the shop, as well as when the Certificates of Occupancy for the two structures were
issued in April and in May 1998, it was the position and policy of the Nantucket Building
Department that stone/granite steps, such as those on the south easterly elevation of
the shop and north westerly elevation of the dwelling, were "landscape features" and
were not considered part of the shop or the dwelling. As such, they were permitted to
be located within the setback. The Applicants predecessor in title, Warren W. Hill,
placed the granite steps in question on the Property in 1997. See Affidavit of Warren
W. Hill, a copy of which is attached hereto as Exhibit "B".
Sometime after 1997, the position and policy of the Nantucket Building
Department and/or Zoning Enforcement Officer ("ZEO") changed so that stone/granite
steps, such as those on the dwelling and the shop, would now in fact be considered part
of the structure and therefore must comply with the setback requirements of the RC-2
1
Zoning District. While the stone steps on the two structures were applied for, permitted,
installed, and subsequent Certificates of Occupancy for the structures were issued, due
to the policy change of the Building Department and/or Zoning Enforcement Officer,
they are now considered an unintentional intrusion into the side yard setback.
Accordingly, the Applicant is seeking a Special Permit pursuant to section 139-
16(C)(2) to validate the minor setback intrusion of the stone steps serving the residential
structure and the shop building. The burden of correcting the intrusion substantially
outweighs any benefit to abutters of eliminating the intrusion as it has existed for over
eleven (11) years. Alternatively, and to the extent the Board deems it necessary, the
Applicants request a Variance pursuant to Section 139-32 to validate the location of the
granite landscaping steps within the 5' side yard setback due to the shape and
topograhphy of the lot and the structures thereon such that the literal enforcement of the
5' side yard setback would involve a substantial hardship to the Applicants to remove
the door and steps thereto and because granting this relief does not involve substantial
detriment to the public good or a derogation of the intent of the By-law.
The Applicants respectfully request that the Board grant them the requested
Special Permit under section 139-16(C)(2) or alternatively, a Variance under Section
139-32.
2
EXHIBIT" A"
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N ~ I, 67-465 .
Fr ",n.rs -
ROBERTA MA., JR. and
. REfS
DHCB
FND
N/F 1.1 67-464
n.rS 1.1
ROBERTA A' JR. and
. REfS
N/F" 67_48J
DONALD J. ..
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driveway /
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SALRos
ROAD
NOlES:
1.) STONE STOOPS ON DWELLING AND SHOP BUILDING DO
NOT CONfORM TO CURRENT ZONING REQUIREMENTS
W1lH RESPECT TO SIDE YARD SETBACK.
2.) MONUMENTS. fOUND AT CORNERS OF LOT 5 ARE APPROX.
0.3 fROM LOT CORNER.
~\.\" OF 4f4JJ:
#<,J ROBERT 'f'%
CURRENT ZONING: RC-2 ~ A. 'oS
MINIMUM LOT SIZE: 5,000 SF S EMACK ~
MINIMUM FRONTAGE: 40 FT -E. No. 37730 ~
~ 'i} '"
FRONTYARD SETBACK: 10 FT ~.r. -9fC1ST\.~\: ~~ _
SIDE AND REAR SETBACK: 5 FT II'ONAL lM~~ c:;
ALLOWABLE G.C.R.: 50% ~
EXISTING G.C.R.: 23.2%:!: r I ~ _I
FOR PROPERTY UNE DETERMINATION TI-IIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FInD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A TITlE
EXAMINATION OR A RECORDABLE SURVEY.
I HEREBY CERTIfY TO lHE BEST OF MY KNOWlEDGE
lHA T THE PREMISES SHOWN ON THIS PLAN ARE
lOCA lED W1lHIN THE C ZONE AS DEUNEA TED
ON lHE -ARM- MAP OF COMMUNITY NO. 250230;
MASS. EfFECTIVE: 6-3-86, REVISED 7-2-92 BY
THE FEDERAl EMERGENCY MANAGEMENT AGENCY.
N.S. 17 73
MORTGAGE INSPECTION PLAN
IN
NANTUCKEt MASSACHUSETTS
SCALE: 1"=30' DATE: JAN 8, 2008
DEED REFERENCE: DBK 610, PG 224
PLAN REFERENCE: PLBK 22, PG 63
ASSESSOR'S REFERENCE:
MAP: 67 PARCEL: 106
PREPARED FOR: DAVID BUTLER
EMACK SURVEYING
2 WASHAMAN AVENUE
NANTUCKET, MA. 02554
(508) 325-0940
J-943
EXHIBIT "B"
AFFIDAVIT
I, Warren W. Hill, hereby depose and say:
1. I am an individual and reside in Nantucket, Massachusetts.
2. I make this affidavit of my own personal knowledge and belief.
3. I am familiar with that certain parcel of land, together with the buildings thereon,
located in Nantucket, Nantucket, County, Massachusetts, known and numbered as
8 Salros Road, Nantucket, Massachusetts ("the Property"), as I was the owner of
the property from 1984 to 2007. On February 29, 2008, I sold the property to
David Butler.
4. The stone landscaping steps on the single family dwelling and the shop building, a
portion of which are located within the respective westerly and easterly side yard
set backs, shown as "Stone Stoop"on the As-Built Plot Plan prepared by Emack
Surveying dated January 8, 2008, a copy of which is attached as Exhibit "A",
have existed in the current location and configuration since 1997.
Signed under the pains and penalties of perjury on October L 2008.
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WITNESS
4~~4~1
WARREN W. HILL
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N/F 67-465
MYLEs M
ROBERTA " JR. and
A. REfS
DHCB
FND
N/F 67-464
MYLES M
ROBERTA A,' JR. and
. REfS
driveway
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SALROS
ROAD
CURRENT ZONING: RC-2
MINIMUM LOT SIZE: 5,000 SF
MINIMUM FRONTAGE: 40 FT
FRONTYARD SETBACK: 10 FT
SIDE AND REAR SETBACK:
ALLOWABLE G.C.R.: 50%
EXISTING G.C.R.: 23.2% ~
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A TITLE
EXAMINA TION OR A RECORDABLE SURVEY.
I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE
THA T THE PREMISES SHOWN ON THIS PLAN ARE
LOCATED WITHIN THE C ZONE AS DELINEATED
ON THE "FIRM" MAP OF COMMUNITY NO. 250230;
MASS. EFFECTIVE: 6-3-86, REVISED 7-2-92 BY
THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
N.B. 17 73
L
N/F 67-463
DONALD J.
. MACk
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----.J
MORTGAGE INSPECTION PLAN
IN
NANTUCKET, MASSACHUSETTS
SCALE: 1 "=30' DATE: JAN 8, 2008
DEED REFERENCE: DBK 610, PG 224
PLAN REFERENCE: PLBK 22, PG 63
ASSESSOR'S REFERENCE:
MAP: 67 PARCEL: 106
PREPARED FOR: DAVID BUTLER
EMACK SURVEYING
2 WASHAMAN AVENUE
NANTUCKET, MA. 02554
(508) 325-0940
J-943
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EXHIBIT "C"
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554'J
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Date: February 13 ,2009
To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No.:
072-08
Owner/Applicant:
David Butler
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 a
complaint in Land 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.
~i 1 J'k CJ89)
Michael J. O'Mara, Chair.man
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MA 02554
Assessor's Map: 67
Parcel: 106
Book 1127, Page 28
8 Salros Road
Plan Book 22, Page 63, Lot 5
At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS held at 1 :00
p.m., Thursday, November 13, 2008, in the Garage Area, 2 Fairgrounds Road, Nantucket,
Massachusetts 02554 on the Application of David Butler, of 8 Salros Road, Nantucket, Board of
Appeals File No. 072-08, the Board made the following decision:
1. The Applicant is requesting a Special Permit pursuant to Section 139-30A (Special
Permits) and 139-16(C)(2) (Unintentional setback intrusion) of the Zoning By-law or
alternatively a Variance pursuant to Section 139-32 (Variances) of the Zoning By-law to validate
the stone steps located approximately two (2) feet and one (1) foot respectively from the side
yard lot line in a zoning district requiring a five (5) foot side yard setback.
The site is located at 8 Salros Road, is shown on Nantucket Tax Assessor's Map 67 as
Parcel 106, is shown in Plan Book 22, Page 63 as Lot 5, and is recorded at the Nantucket County
Registry of Deeds in Book 1127, Page 28.
2. The Decision is based upon the Application and the material 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 were no letters on file in
favor of or in opposition to the Application. Staff did receive comment from some of the
abutters regarding the nature of the business on site; but, no abutter who spoke to Staff had any
issue with the validation of the steps in the setback.
3. The property is located in the Residential Commercial- 2 (RC-2) zoning district. In this
zoning district, the side yard setback requirement is five (5) feet. There is currently one (1)
single-family dwelling and one (1) shop building on the property. A door on the exterior north
westerly elevation of the single family dwelling and the door on the exterior south easterly
elevation of the shop building each have a granite step directly adjacent to the door. These
respective stone steps serving the residential structure and the shop building are located within
the five (5) foot side yard setback.
Specifically, the stone step adjacent to the residential structure is approximately two (2)
feet to the westerly lot line and the stone step adjacent to the shop building is approximately one
(1) foot to the easterly lot line. At the time both structures were built, the steps were in the
identical location that they are now and both steps were applied for and permitted by both the
Nantucket Historic District Commission and the Nantucket Building Department. Both
structures received Certificates of Occupancy from the Nantucket Building Department on April
6, 1998 and May 1, 1998.
At the time the building permits were applied for and issued for the dwelling and the
shop, as well as when the Certificates of Occupancy for the two structures were issued in April
and in May 1998, it was the position and policy of the Nantucket Building Department that
stone/granite steps, such as those on the south easterly elevation of the shop and north westerly
elevation of the dwelling, were "landscape features" and were not considered part of the shop or
the dwelling.
However, it is now the position of the Zoning Enforcement Officer and/or Building
Department that stone/granite steps are considered part of the structure and therefore must
comply with the setback requirements ofthe RC-2 Zoning District.
4. Counsel for the Applicant explained the change in policy, which classified stone/granite
steps as part of the structure, came into effect after 2001. As this intrusion has existed for seven
years, the burden of correcting the intrusion substantially outweighs any benefit to the abutters of
eliminating the intrusion. Additionally, as the steps are closer than four (4) feet from the side
yard lot line, relief for the unintentional setback intrusion is inapplicable and therefore variance
relief is appropriate.
5. Therefore, the Board specifically finds that owing to circumstances relating to the soil
conditions, shape or topography of such land or structures and especially affecting such land or
structures but not affecting generally the zoning district in which it is located, a literal
enforcement of the provisions of this chapter would involve substantial hardship to the applicant,
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 such bylaw, the
location of the stone/granite steps on the Locus should be validated in their existing location.
8. Accordingly, by a UNANIMOUS VOTE, the Board grants the requested VARIANCE
relief pursuant to Nantucket Zoning Bylaw Section 139-32 (Variances) from the provisions of
Nantucket Zoning Bylaw Section 139-16A (Intensity Regulations - setbacks) to validate the
stone/granite steps as sited subject to the following conditions:
(a) The steps shall remain as shown on the site plan entitled "Mortgage Inspection Plan"
dated January 8, 2008, prepared by Emack Surveying, and attached as "Exhibit A";
(b) There shall be no commercial operations performed on Sundays.
SIGNATURE PAGE TO FOLLOW
DATED:
February 1~,2009
Nantucket, Massachusetts
Carol Cross
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Michail J. O'Mara
f,i~
)(erim' osea ac
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Burr Tupper /
COMMONWEALTH OF MASSACHUSETTS
Nantucket, SS.
February /?:1, 2009
On this /3 day of February, 2009, before me, the undersigned Notary Public,
personally appeared 13ur~ /ttpfUl- , who is personally known
to me, and who is the person whose name is signed on the preceding or attached document, and
who acknowledged to me that he signed it voluntarily for its stated purpose.
Notary Public: ~/1r!S~ .k-'.Ma/Y-"
My commission expires: tUd-yd~ ;;;OIt ot";/-~