HomeMy WebLinkAbout019-00TOWN OF NANTUCKET
BOARD OF APPEALS
To: Parties
Decision of
following:
Date: March ~3 ~ 2000
NANTUCKET, MASSACHUSETTS 02554
in Interest and. Others concerned with the
the BOARD OF APPEALS in the Application of the
Application No.:
Owner/Applicant:
019-.9~1
SHERBURNE ASSOCIATES REALTY TRUST
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.
~~ ~
~~
William $. Hourihan, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMT.T AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET
ZONING BY-LAW §139-30I (SPECIAL PERMITS);.§1'39-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
37 Washington Street
Nantucket, Massachusetts 02554
Assessor's Map 42.2.4, Parcel 2
Old South Wharf
Residential-Commercial
Land Court Plan 13642-C,
Lot 3
Certificate of Title No. 12975
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, March 10, 2000, 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 SHERBURNE ASSOCIATES REALTY TRUST,
c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box
2669, Nantucket, Massachusetts 02584, File No. 019-00:
2. The applicant is seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law §139-33.A (alteration or expansion of a
pre-existing, nonconforming structure) and under §139-18 (Parking
Requirements), to the extent necessary. The applicant proposes
to increase the number of separate retail units within a certain
structure upon Old South Wharf from two to three, with the
ability to use them interchangeably for retail or office uses,
without further relief from this Board. The total area of the
structure in retail use is now about 552 square feet, with about
141 square feet in the westerly retail unit and about 411 square
feet in the easterly retail unit. The applicant proposes to
divide the total space into three units, of about 141, 124 and
287 square feet, respectively. There are no parking spaces
provided on the subject property (the "Locus"), and none are
proposed. The Locus is also nonconforming as to frontage, with
about 20 feet of frontage on New Whale Street; the minimum
frontage under the Zoning By-law is 40 feet. The Locus contains
several other commercial structures, and is known as Old South
Wharf. The Locus is situated at OLD SOUTH WHARF, Assessor's Map
42.2.4, Parcel 3, is shown on Land Court Plan 13642-C as Lot 3,
and is situated in a Residential-Commercial zoning district.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. The Planning Board determined
that the application was not of planning concern, and made no
recommendation. Except for the presentation by the applicant's
counsel, there~ai~o support nor opposition presented at the public
hearing.
4. The applicant proposes to modify the interior of an
existing commercial structure situated upon Old South Wharf,
shown as Building 26 upon the site plan submitted by the
applicant, a reduced copy of the relevant portion of which is
attached hereto as Exhibit A, by placing a demising wall within
the larger of the two present retail units and thus creating a
third unit, as shown upon the floor plan attached hereto as
Exhibit B . The applicant informed the Board that the small new
middle. unit is initially proposed to be rented to a boat
brokerage business as an office, but wishes to retain the
flexibility to use the unit for retail purposes in the
alternative without further Board of Appeals action. Retail and
office uses are both permitted as of right in this Residential-
Commercial zoning district; however, the Locus, which contains a
number of other small commercial buildings, contains no parking
spaces and as a practical matter it would be impossible to
provide parking upon Old South Wharf. The application contained
a hypothetical parking calculation of five parking spaces for the
present uses, on the basis of three spaces for the total of 552
square feet of retail space, at the rate of one per 200 square
feet of gross floor area, plus two employee spaces, one for each
of the two existing retail units on the basis that each unit has
one employee. Using the total number of employees in the two
units, which would not exceed four, the number of required
employee spaces at the rate of one space per three employees, and
rounding as allowed, would be one, for a total of four spaces
required for the present uses. The proposed changes would result
in three spaces continuing to be required for the gross floor
area, whether or not any conversion to office use were to occur.
Total retail-employees, even if all three units were used for
retail, would still not exceed four, and calculated on this basis
the parking requirements would change. If a minimum of one
employee space were required for each retail unit, two employee
spaces would be required if one unit were used as an office, or
three if all three were in retail use. In any event, as set
forth above, this calculation is purely hypothetical, as no
parking is now or as a practical matter can be provided.
5. Therefore, the most relevant factor for the Board to
consider is whether in practice the proposed change would create _
any additional demand for parking. The Board notes that a great
proportion of traffic to the retail establishments in the
downtown waterfront area, particularly on the wharves in
Nantucket Harbor, is derived from pedestrians, many of whom have
arrived on boats or have walked to the location. Old South Wharf
is near the terminus of several Nantucket Regional Transit
Authority bus lines, facilitating employee and public access
without automobiles. The total commercial space in the building
would not change, and the parking pressures are not likely to
change significantly.
6. Since the present and proposed uses are permitted in
this zoning district, and the dimensional nonconformities of the
Locus will not be affected by the proposed change, the only
necessary relief is a waiver of parking requirements to the
extent that the proposed change will increase the parking
required. As set forth in the analysis set forth above, it is
not clear that any additional parking will in fact be required,
depending upon the method of calculation that is used. Under By-
2
law §139-18, the Board of Appeals is empowered to grant special
permit relief to waive parking requirements. Accordingly,
finding that the provision of parking upon the Locus is
impossible and that the granting of a special permit allowing the
proposed changes and waiving the provision of any required
parking spaces will not be substantially more detrimental to the
neighborhood than the existing conditions upon the Locus, the
Board of Appeals, by a UNANIMOUS vote, GRANTED the requested
relief by SPECIAL PERMIT under By-law X139-18, waiving parking
requirements with regard to the applicant's proposal to place an
interior demising wall within Building 26, as shown upon Exhibits
A and B, and to the extent necessary under X139-33.A, for the
alteration of the pre-existing nonconforming conditions upon the
Locus, subject to the condition that only the middle unit,
containing about 141 square feet of gross floor area, may be used
interchangeably for office or retail use and that the other two
units shall be used for retail only without further relief from
this Board.
Dated: March ~3, 2000
Edward C. Murphy
F:\WP\WINTHROP\OSWharf\ZBA DEC.doc
RECEIVED
TOWN CLERKS OFFICE
NANTUCKET, MA 02554
MAR 2 3 2000
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the Nantucket Board of Appeals will be held at 1:00 P.M., FRIDAY,
MARCH 10, 2000, in the Conference Room, Town Annex Buildmg, 37 Washington Street, Nantucket,
Massachusetts, on the Application of
SHERBURNE ASSOCIATES REALTY TRUST
BOARD OF APPEALS FILE NO. (019-00)
Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-
33A (alteration/expansion of apre-existing nonconforming structure/use) and under Section 139-18
(Parking Requirements), to the extent necessary. Applicant proposes to increase the number of separate
retail units from two (2) to three (3) with the ability to use them interchangeably for retail or office uses,
without further relief from this Board The total floor area in retafl use is about 552 square feet with about
141 square feet in the westerly retail unit and about 411 square feet in the easterly unit. Applicant
proposes to divide the space into three (3) units of about 141, 124 and 287 square feet. There are no
parking spaces provided on the Premises and none are planned. The Locus is also nonconforming as to
frontage, as the Lot has about 20 feet of frontage along New Whale Street, with 40 feet being required
under the Bylaw. The Locus contains several other commercial structures and is known as "Old South
WharP'.
The Premises is located at OLD SOUTH WHARF, Assessor's Map 42.2.4, Parce12, Lot 3, Land
Court Plan 13642-C. The property is zoned Residential-Commercial
William P. un7ian, Jr., airman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE
FORMATS. PLEASE CALL THE OFFICE AT ~-508~) 228-7215 FOR FURTHER
ASSISTANCE.
^ BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS February 2, 2000
37 WASHINGTON STREET (.~ \
NANTUCKET, MASSACHUSETTS 02554 /V_/1V\1
CASE No.
APPLICATION FOR RELIEF
Owner's name(s): Sherburne Associates Realty Trust
Mailing address: c/o Reade, Gullicksen Hanley & Gifford, LLP
Applicant's name: Same
Mailing address: P. O. Box 2669, Nantucket. Massachusetts 02584
Location of lot: Assessor's map and parcel number 42.2.4-2
Street address: Old South Wharf
°D^~i~_r1' Land Ct Plan, "'~ n'' "^ I'~~ °'''° 13642-C Lot 3
Date lot acquired: 12/29/86 Cert. of Title 12975 Zoning district RC
Uses on lot - commercial: Retail, offices, restaurant and marina
MCD? No (Pre-exists MCD zoning)
- number of: dwellings _ duplex _ apartments _ rental rooms _
Building date(s): all pre-8/72? x or _ C of O? _
Building Permit appl'n Nos. Various• none affecting this application
Case Nos. all BoA applications, lawsuits: None
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
139-32A _ if Variance, 139-30A x if a Special Permit (and 139-33A
_ if to alter or extend a nonconforming use). If appeal per 139-31A
& B _, attach decision or orders appealed. OK to attach addendumZ
See attached Addendum.
Items enclosed as part of this Application: orders- addendumZ _
Locus map x Site plan x showing present x + planned x structures
Floor plans present x proposed x elevations _ (HDC approved? _)
Listing lot area _ frontage x setbacks x GCR _ parking data x
Assessor-certified addressee list 4 sets x mailing labels 2 sets x
$200 fee payable to Town of Nantucket x proof3 'cap' covenant _
1(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of per'ury. J
/ i J
SIGNATURE: ~( l~Cr~/X~"z Applicant _ Attorney/agent x
3(If not owner or owner's attorney, enclose proof of authority)
FOR Bo~A OFFICE USE p~I
Application copies recd: 4(~ or fo B A on ~ /`~ by
One copy filed with Town Clerk on ~/~j~ by complete?
One copy each to Planning Bd and Building De t ~ by
$200 fee check given To reasurer on by waiv d?
Hearing notice posted?i~~ mailed ~ (~ I & M / ~~rZ~
Hearing(s) on _/_/_ cont'd to _/_/_, _/_/_ withd awn? _/_/_
Decision due by _/_/_ made _/_/_ filed TC _/_/_ mailed _/_/_
See related cases lawsuits other
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ADDENDUM
(To application of Sherburne Associates Realty Trust, premises at
Old South Wharf Nantucket, Massachusetts)
The applicant proposes to modify the interior of an existing
structure sa_tuated upon Old South Wharf, shown as Building 26
upon the site plan filed herewith, which now contains two retail
units, so that it will contain three units, to be used
interchangably for retail or office uses. Both retail and office
uses are permitted in the Residential-Commercial zoning district.
However, no parking spaces are now provided upon the premises,
and none are able to be provided. The number of parking spaces
required under Nantucket Zoning By-law §139-18 for the structure
as now used is three for retail area, at the rate of one space
for each 200 square feet in retail use. The total floor area in
retail use is now about 552 square feet, with about 141 square
feet in the westerly retail unit and about 411 square feet in the
easterly retail unit. The total number of employees in the
structure at any one time does not exceed two, one in each unit.
Accordingly, the number of required parking spaces required for
employees under §139-18 is one (or none, if the number of
employees in each unit is rounded separately, or two, if it is
deemed that each unit must provide at least one employee space).
The applicant proposes to divide the northerly unit into two
units by placing a demising wall, with the central unit to
contain about 124 square feet and the northerly unit to contain
about 287 square feet. If so divided, the total number of spaces
for either retail or office use would continue to be three,
whether the computation is made on the basis of the total space
(about 552 square feet) or individually for each unit (containing
about 141, about 124, and about 287 square feet respectively,
rounding to one space for each unit). If each unit were to be
used for retail purposes, the total number of employees at any
one time would not exceed three, one in each unit, requiring one
employee parking space (or none, if the number of employees in
each unit is rounded separately, or three, if it is deemed that
each unit must provide at least one employee space). No employee
spaces are required for office use; however, the applicant wishes
to be able to have any of the three units revert to retail use
from office use from time to time without further zoning relief
being necessary. Accordingly, to the extent that the computation
of parking spaces for the proposed changes is deemed to increase
the number of spaces required, the applicant requests relief
under §139-18.B(2) to reduce the number of parking spaces
^equired to the number computed to be required in the event each
~f the three spaces were to be used for retail purposes, with
none to be in fact provided. The locus has frontage of about 20
feet on New Whale Street, with 40 feet being required under By-
law X139-16.A.
`,W F\w,:~". `,''P \OSWharf \ZBA ADD.doc
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TOWN OF NANTUCKET
ZONING BOARD OF A.pPEA1.S
LIST OF PARTIES IN INTEREST IN T~-.T 1`\~TTER OFT]--TE PETITION OF
a~+2r C 1 SS~~ ~ ~~
PROPERTY OWNER:.......`~~SS.,..t~c~........_...~r...-.......J~.b.~:(.~? Ol
MAILING ADDRESS :.............................._................................................__ .
PROPERTY LOCATION:...........~J,.(J.G..........._.. Cll.~~.......,5~?~:~........~h~' i-
ASSESSORS MAP/PARCEL:....`-I.!~.~.~..-.. ~l..C~c~ ..............................................
SUBMITTED BY :............................................................................................
SEE ATTACHED PAGES
1 certi`l that the foregoing is a list of persona ~~-ho are o~~mers of abutting propem~, o~~Te-~ o'.~ :~:
directl~~ opposite on any public or private street or ~~~av; and abuners of the abuners and ali c::-°~
+and o~~-ners ~~ithin three hundred feet of the propert} line of o~~r,er's property, all as they :.~~er-
on the most recent applicable tax list. (M.G L. c. 40.A, Section 1 1 Zoning Code Chapter ! ~~. _
Section 139-29D (2) ).
4 n p~' ~ ((~~r
ASSESSOR'S Or' iC
70~~' OF NANTUC ~' ~~
12/30/99 TOWN OF NANTUCKET
1 3:50:25 OWNER'S MAILING ADDRESS LIST
Map Block Lot Owner's/Co-Owner's Name Ma iling Address/City State Zip P roperty Location
4231 0137 *NANTUCKET HISTORICAL ASSN PO BOX 1016 0010 STRAIGHT WF
NANTUCKET MA 02554
4231 0138 *NANTUCKET HISTORICAL ASSN PO BOX 1016 0012 STRAIGHT WF
NANTUCKET MA 02554
4231 0139 HESS WALTER R TR PO BOX 359 0016 STRAIGHT WF
SHERBUFNE ASSOCIATES R T NANTUCKET MA 02554
4231 0086 NANTUCKET ISLAND PRODUCTS CO I PO BOX 653 0020 STRAIGHT WF
NANTUCKET MA 02554
4231 0085 GOODALL SUSAN G & HERBERT W 109 TEAL NEST COURT 0018 STILL DOCK
PONTE VEDRA FL 32082
4231 0097 MCCREADY RICHARD J ETAL TRS PO BOX 359 0002 NEW WHALE ST
WINTHROP NANTUCKET NOM TRST NANTUCKET MA 02554
4231 0228 SHERBURNE ASSOCIATES PO BOX 359 0000 STRAIGHT WF
NANTUCKET MA 02554
4231 0089 MCCREADY RICHARD J ETAL TRSTS PO BOX 359 0009 SALEM ST
WINTHROP NANTUCKET NOM TRUST NANTUCKET MA 02554
4231 0090 MCCREADY RICHARD J ETAL TRSTS PO BOX 359 0008 NEW WHALE ST
WINTHROP NANTUCKET NOM TR UST NANTUCKET MA 02554
4231 0230 *NANTUCKET ELECTRIC COMPANY 0025 PESEARCH DR 0006 COMMERCIAL ST
C/O PROPERTIES DEPT WESTBOROUGH MA 01582
4231 0037 NANTUCKET ELECTRIC COMPANY 25 RESEARCH DRIVE 0010 NEW WHALE ST
C/O PROPERTIES DEPT WESTBOROUGH MA 01582
4231 0229 SHERBURNE ASSOCIATES PO SOX 359 0009 SALEM ST
NANTUCKET MA 02554
4224 0001 HESS WALTER R TR PO BOX 359 OOOU STRAIGHT WF
SHERBURNE ASSOCIATES R T NANTUCKET MA 02554
4224 CO15 SHERBURNE ASSOCIATES PO BOX 359 0000 STRAIGHT WF
NANTUCKET MA 02554
Qx~~3 5 9
$ WT'SJLKET._.MA 0 255.4.---
4224 OO i2 NANTUCKET ELECTRIC COMPANY 25 RESEARCH DRIVE 0009 NEW WHALE ST
C/O PROPERTIES DEPT WESTBOP.O UGH MA 01582
4224 0013 WINTHROP NANTUCKET L P PO BOX 359 0007 NEW WHALE ST
NANTUCKET MA 02554
4224 0014 SHERBURNE ASSOCIATES p0 BOX 359 0011 NEW WHALE ST
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