HomeMy WebLinkAbout068-00READS, GULLICKSEN, HANLEY & GIFFORD, LLP
SIX YOUNG'S WAY
NANTUCKET, MASSACHUSETTS 02554
(508) 228-3128
FAX: (508) 228--5630
ARTHUR I. READS, JR., P.C. readelawQnantucket.net
KENNETH A. GULLICKSEN
MARIANNE HANLEY
WHITNEY A. GIFFORD
March 15, 2001
Catherine Flanagan Stover, Town Clerk
Town Building, 16 Broad Street
Nantucket, Massachusetts
MAILING ADDRESS
POST OFFICE BOX 2669
NANTUCKET, MASS. 02584
Re: Civil Action No. 01-11.
Dear Mrs. Stover:
Enclosed for filing are a copy of the complaint and notice
of filin g that were filed with the Superior Court on March 2,
2001 in the above-referenced case.
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Arthur I. Reade, Jr.
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Q Reade, Gullicksen, Hanley &
Gifford, LLP
6 Young's Way
Post Office Box 2669
Nantucket, Massachusetts 02584
Tel. (508) 228-3128
Fax (508) 228-5630
E-mail: air@readelaw.com
Enclosures
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss.
ROLAND L. CODY, JR.,
LOUISE J. CODY,
and
JANET MURPHY, as Trustee
of Nantucket Orange Street
Realty Trust,
Plaintiffs,
v.
MICHAEL J. O'MARA,
D. NEIL PARENT,
NANCY J. SEVRENS.
DALE W. WAINE,
EDWARD J. SANFORD and
EDWARD S. TOOLE, as they
are the members of the
NANTUCKET BOARD OF APPEALS,
and
JOHN A. KEANE,
Defendants.
Superior Court
Department of the
Trial Court
Civil Action
No. ~~~~'
NOTICE OF FILING
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• You are hereby notified, pursuant to Section 17 of Chapter
40A of the Laws of Massachusetts, that Roland L. Cody, Jr.,
Louise J. Cody and Janet Murphy, as Trustee of Nantucket Orange
Street Realty Trust, have filed an appeal of a decision of the
Nantucket Board of Appeals dated February 12, 2001. and filed with
the Nantucket Town Clerk on February 12, 2001, granting relief by
Special Permit to John A. Keane.
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Respectfully submitted,
ROLAND L. CODY, JR.,
LOUISE J. CODY,
and
JANET MURPHY, as Trustee
as aforesaid, Plaintiffs
By tY~tir attorney,,
Arthur I. Reade, Jr.
BBO# 413420
Reade, Gullicksen, Hanley
& Gifford, LLP
6 Young's Way
Post Office Box 2669
Nantucket, Massachusetts 02584
Tel. (508)228-3128
Fax (508)228-5630
E-mail: air@readelaw.com
Dated: a/G~ 2001
f:\wpc\cod:~\roland\notice.doc
2
REGE!~~ED
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss.
ROLAND L. CODY, JR.,
LOUISE J. CODY,
and
JANET MURPHY, as Trustee
of Nantucket Orange Street
Realty Trust,
Plaintiffs,
V.
Superior Court'O1 MAR 15 P2 ~38
' Department of the
Trial Court
~„ r
Civil Action ~.~~.~: JCtIE
No . O ~ -- ~ ~ TOW? GLER~i
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MICHAEL J. O'MARA,
D. NEIL PARENT,
NANCY J. SEVRENS.
DALE W. WAINE,
EDWARD J. SANFORD and
EDWARD S. TOOLE, as they
are the members of the
NANTUCKET BOARD OF APPEALS,
and
JOHN A. KEANE,
Defendants.
COMPLAINT
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1. The plaintiffs, Roland L. Cody, Jr., and Louise J. Cody
(the "Codys"), are individuals residing at 405B West Coleman
Boulevard, Mt. Pleasant, South Carolina.
2. The plaintiff, Janet Murphy (the "Trustee"), is an
individual residing at 163 Orange Street, Nantucket,
Massachusetts, and brings this action in her capacity as Trustee
of Nantucket• Orange Street Realty Trust under Declaration of
Trust dated February 24, 1993, recorded with Nantucket Registry
of Deeds in Book 409, Page 69.
3. The defendants, Michael J. O'Mara, D. Neil Parent,
Nancy J. Sevrens, Dale W. Waine, Edward J. Sanford and Edward S.
1
Toole (the "Board of Appeals"), are members (in the instance of
Toole, an alternate member) of the Nantucket Board of Appeals,
and are all of the members of the Nantucket Board of Appeals who
participated in the matter which is the subject of this action;
they reside at the following addresses, all situated in
Nantucket, Nantucket County, Massachusetts:
Michael ~:
J. O'Mara
7 .~ ..-
Lyon Street
D. Neil Parent 31 Old South Road
Nancy J . Sevrens 24 Vesper Lane
Dale W. Waine 11 Bishops Rise
Edward S. Toole 28 Burnell Street, Siasconset
Edward J. Sanford 3 Mill Street
4. The defendant, John A. Keane ("Keane"), is an
individual residing at 66 Hooper Farm Road, Nantucket, Nantucket
County, Massachusetts.
5. The Codys are the owners of the improved real property
situated at and known as 165 Orange Street in said Nantucket,
shown as Lot A upon a plan recorded with Nantucket Deeds in Plan
File 43-E (the "Cody Property"), by virtue of a deed recorded
with Nantucket Registry of Deeds in Book 489, Page 66.
6. The Trustee is the owner of the improved real property
situated at and known as 163 Orange Street in said Nantucket,
shown as Lot B upon said plan recorded with Nantucket Deeds in
Plan File 43-E (the "Trust Property") by virtue of a deed
recorded with Nantucket Registry of Deeds in Book 409, Page 66.
7. Keane is the owner of the real property situated at and
known as 4 West Creek Road in said Nantucket, shown as Lot B upon
a plan recorded with Nantucket Registry of Deeds in Plan Book 13,
2
Page 40 (the "Keane Property"), by virtue of a deed recorded with
Nantucket Registry of Deeds in Book 666, Page 52.
8. The Cody• Property and the Trust Property directly
adjoin the Keane Property.
9. The Board of Appeals entered a decision dated February
12, 2001, and filed with the Nantucket Town Clerk on February 12,
2001, granting, by the vote of four members (O'Mara, Parent,
Sevrens and Waive) in favor, and one member (Toole) opposed,
(Waive signed the decision but is not stated to have voted
thereon) relief by Special Permit to Keane, as owner of the Keane
Property, as follows:
(a) Under Nantucket Zoning By-law (the "By-law") §139-
18; waiving the provision of six off-street parking spaces in
connection with the use of the Keane property as a 56-seat
restaurant with up to nine employees and a six-person employer
dormitory; and
(b) Under By-law X139-7.D(4), to permit one employer
dormitory unit for occupancy by six employees.
10. The plaintiffs are aggrieved by reason of the action of
the Board of Appeals in granting said decision, because said
decision exceeded the authority of the Board of Appeals, was
arbitrary and capricious, and was not justified by the facts
presented before the Board of Appeals, in the following
particulars:
(a) The waiver of parking spaces as granted by the
Board of Appeals is not justified in the light of the fact that
3
the applicant proposes to construct entirely new structures and
institute entirely new uses upon the Keane Property.
(b) The Board of Appeals failed, in determining the
number of parking spaces required for the proposed uses upon the
Keane Property, to consider the need for parking spaces for a
proposed recreational facility or "game room" within a room in
Keane's proposed building which is proposed to be used for that
purpose. Under By-law X139-18.D, commercial recreational
facilities require the provision of one parking space for each
three persons of certified building occupancy. In the
alternative, X139-18.D also requires provision of one parking
space for each four seats in places of public assembly.
(c) In purporting to grant a Special Permit under By-
law §139-18.B, waiving parking spaces, the Board of Appeals
failed to make the required finding that compliance with the
parking requirements of §139-18 would be physically impossible
for the applicant to provide, or would have a significant and
adverse effect upon the scenic or historic integrity of the
neighborhood, or would be contrary to sound traffic and safety
considerations. In fact, in the instance of new construction and
uses, it would be possible for Keane to~ comply with the
applicable parking requirements by reducing the scope of his
proposed use, and there was no evidence before the Board of
Appeals that the provision of this reduced amount of parking
would have a significant and adverse effect upon the scenic or
historic integrity of the neighborhood, nor that the provision of
4
such parking would be contrary to sound traffic and safety
considerations.
Wherefore, the plaintiffs bring this action pursuant to
M.G.L., c. 40A, §17, and By-law §139-30.G, to appeal from the
granting of Special Permit relief to Keane by the Board of
Appeals as set forth above, and request this Honorable Court to
grant the following relief:
(a) Determining that the decision of the Board of Appeals,
granting Special Permit relief to Keane in this matter, was not
justified by the facts and exceeded the authority of the Board of
App.e a 1 s ;
(b) Annulling the decision of the Board of Appeals in this
matter; and
(c) For such other and further
relief as this Court shall deem appropriate.
Respectfully submitted,
ROLAND L. CODY, JR.,
LOUISE J. CODY,
and
JANET MURPHY, as Trustee
as aforesaid, Plaintiffs
By th it attorne
l•
t ur I. Reade, Jr.
BBO$$ 413 4 2 0
Reade, Gullicksen, Hanley
& Gifford, LLP
6 Young's Way
Post Office Box 2669
Nantucket, Massachusetts 02584
Tel. (508)228-3128
Fax (508)228-5630
E-mail: air@readelaw.com
Dated: February 27, 2001
f:\wpc\cody\roland\keanec-l.doc
5
TRIAL COURT OF THE COMMONWEALTH
DISTRICT COURT DEPARTMENT
NANTUCKET DIVISION
ROLAND L. CODY, JR., LOUISE J.
CODY, and JANET MURPHY, as Trustee,
of Nantucket Orange Realty Trust,
Case No.: Civil Action No. 01-11
Plaintiff,
vs.
MICHAEL J. O'MARA,
D. NEIL PARENT,
NANCY J. SEVRENS,
DALE W. WAIVE,
EDWARD J. SANFORD and
EDWARD S. TOOLE, as they are the
members of the
NANTUCKET BOARD OF APPEALS
and JOHN A. KEANE,
AFFIDAVIT OF
NANTUCKET TOWN CLERK
CATHERINE FLANAGAN STOVER
Defendants.
COUNTY OF NANTUCKET }
COMMONWEALTH OF MASSACHUSETTS } ss.
I, Catherine Flanagan Stover, being duly sworn, depose and say:
1. I reside in Nantucket, Massachusetts and make this Affidavit on my personal
knowledge;
2. I am the duly elected Town Clerk of Nantucket, Massachusetts;
3. On February 12, 2001, I received a copy of JOHN A. KEANE NANTUCKET
BOARD OF APPEALS DECISION NO. 068-00 (hereinafter "Keane
Decision") from the Nantucket Board of Appeals and filed the Keane Decision
in the Nantucket Town Clerk's office located on the first floor of the Town
and County Building, Broad Street, Nantucket, Massachusetts 02554.
4. From February 12, 2001 until March 6, 2001, I, as Nantucket Town Clerk,
received no Notice of this action, nor copy of the Complaint filed in this
action;
5. On March 6, 2001, more than twenty (20) days had elapsed from the filing date
of the Keane Decision with no Notice of this Appeal, and no copy of the
Complaint in this action, filed with my office, and my office stamped the
Keane Decision with the following signed certification:
"I CERTIFY THAT 20 DAYS HAVE ELAPSED AFTER THE DECISION
WAS FILED IN THE OFFICE OF THE TOWN CLERK, THAT NO
APPEAL HAS BEEN FILED, PURSUANT TO GENERAL LAWS 40A,
SECTION 11.
March 06, 2001
TOWN CLERK
CATHERINE FLANAGAN STOVER
(signature)"
(a copy of the Keane Decision is annexed hereto as Exhibit "A".
SIGNED AND SEALED UNDER THE PENALTIES OF PERJURY this ~JF~ti~ day
of March, 2001.
~f,
Cc ~ G_
GATHER LANAG NS R
TRIAL COURT OF THE COMMONWEALTH
DISTRICT COURT DEPARTMENT
NANTUCKET DIVISION
ROLAND L. CODY, JR., LOUISE J.
CODY, and JANET MURPHY, as Trustee,
of Nantucket Orange Realty Trust,
Case No.: Civil Action No. 01-11
Plaintiff,
vs.
MICHAEL J. O'MARA,
D. NEIL PARENT,
NANCY J. SEVRENS,
DALE W. WAINE,
EDWARD J. SANFORD and
EDWARD S. TOOLS, as they are the
members of the
NANTUCKET BOARD OF APPEALS
and JOHN A. KEANE,
AFFIDAVIT OF
NANTUCKET TOWN CLERK
CATHERINE FLANAGAN STOVER
ATTEST: A TRUE COPY
yJ' -
NANTUCK~T TOWN CLERK
Defendants.
COUNTY OF NANTUCKET }
COMMONWEALTH OF MASSACHUSETTS } ss.
1, Catherine Flanagan Stover, being duly sworn, depose and say:
I reside in Nantucket, Massachusetts and make this Affidavit on my personal
knowledge;
2. I am the duly elected Town Clerk of Nantucket, Massachusetts;
3. On February 12, 2001, I received a copy of JOHN A. KEANE NANTUCKET
BOARD OF APPEALS DECISION NO. 068-00 (hereinafter "Kcane
Decision") from the Nantucket Board of Appeals and filed the Keane Decision
in the Nantucket Town Clerk's office located on the first floor of the Town
and County Building, Broad Street, Nantucket, Massachusetts 02554.
4. From February 12, 2001 until March 6, 2001, I, as Nantucket Town Clerk,
received no Notice of this action, nor copy of the Complaint tiled in this
action;
5. On March 6, 2001, more than twenty (20) days had elapsed from the filing date
of the Keane Decision with no Notice of this Appeal, and no copy of the
Complaint in this action, filed with my office, and my office stamped the
Keane Decision with the following signed certification:
"I CERTIFY THAT 20 DAYS HAVE ELAPSED AFTER THE DECISION
WAS FILED IN THE OFFICE OF THE TOWN CLERK, THAT NO
APPEAL HAS BEEN FILED, PURSUANT TO GENERAL LAWS 40A,
SECTION 11.
March 06, 2001
TOWN CLERK
CATHERINE FLANAGAN STOVER
(signature)"
(a copy of the Keane Decision is annexed hereto as Exhibit "A".
SIGNED AND SEALED UNDER THE PENALTIES OF PER.iURY this ~ =~ ~~ day
of March, 2001. -~
~~
GATHER . FLAN~AJG ~ OVER
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: February ~ ~ ~ 20 O1
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 068-00
Owner/Applicant: JOHN A. KEANE
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.
Michael J. 0'M a, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES AVE A TIME
LIMJ.T 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.
Feb 08 O1 03:41p
NANTUCKET ZONING BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS
Map 55
Parcel 172
RC
4 West Crcck Road
Plan Book 13, Page 401, Lot B
Deed: Book 666, Page 52
At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS held at 1:00
P.M. on Friday, September 8, 2000, and continued by agreement of the parties for further hearing
on October 13, November 17, and December 8, 2000 in the CONFERENCE ROOM, TOWN
BUILDING ANNEX, 37 Washington Street, Nantucket, Massachusetts 02554 on the
Application of JOHN A. KEANE of b6 Hooper Farm Road, Nantucket, Massachusetts 02554,
BOARD OF APPEALS FILE NO.Ob8-00, the BOARD made the following Decision:
1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
Law Section 139-18 (parking regulations; 139-19E (driveway widths); and 139-7D(4) (employee
dormitory). Applicant is seeking a waiver of six (6) pazking spaces; reduction of the minimum
twenty (20') foot driveway width to about sixteen (16~ feet; and permission to construct a six
(6) person employee dormitory over a proposed new structure, respectively. The new building
would also contain a restaurant, a use permitted as a matter of right under the By-law. Applicant
proposes to demolish the existing commercial electrical shop and to construct asixty-eight (68)
seat restaurant. Applicant will provide a conforming off-street loading wne and sixteen (I6) of
the required twenty-two (22) parking spaces on the site (17 for the restaurant; 2 for up to 6
employees; and 3 for the dormitory use). The Property meets all dimensional zoning
requirements and the new building will also be constructed inconformity with all zoning
requirements.
The Premises is located at 4 WEST CREEK ROAD, Assessor's Map 55, Parcel 172, Plan
Book 13, Page 401, Lot B. The Property is zoned RESIDENTIAL-COMMERCIAL.
2. The Decision is based upon the Application and materials submitted with it, and
the testimony and evidence presented at the Hearing. The Planning Board recommended that the
parking area be located behind the restaurant building on the northeasterly portion of the
Property. Neighbors Charles and Joan Fisher objected to the number of restaurant seats but
supported the location of the parking lot on the northwesterly portion of the Property next to
West Creek Road. Edward C. Murphy, on behalf of Nantucket Orange Street Realty Trust, the
owner of a commercial guesthouse at 163 Orange Street, objected to the size of the restaurant
and the location of the parking lot along West Creek Road Roland Cody, the owner of property
at 165 Orange Street, through counsel, objected to the size of the restaurant and the proposed
location of the parking lot. The Nantucket Historic District Commission approved unanimously
the proposed Location of the parking lot next to West Creek Road. The Property has an azea of
approximately 11,625+ square feet. The proposed building will have a ground cover of about
1,778+ square feet (15%) and include a restaurant in the basement and on the first floor, and an
employee dormitory on the second floor. Applicant will provide about 3,075+ square feet of
green space on the Property (2b%); the minimum green space requirement is 20%.
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deb 09 O1 11:55a
3. Applicant, through counsel, amended the Application at the hearing to correctly
provide the number of off street pazking spaces for the six (6} person employee dormitory as 4
spaces. After meeting with neighbors to hear their concerns about the project, Applicant
voluntarily offered to reduce the number of seats in the restaurant from 68 seats to 56 seats and
to provide an additional parking space for employees so that 21 off-street pazking spaces were
allocated as follows: l4 spaces for Sb restawant seats; 4 spaces for 6 dormitory occupants; and 3
spaces for b-9 restaurant employees. Applicant stated that the restaurant was a permitted use in
the Residential Commercial zoning district and he had obtained a duly issued Change of Use
Permit for the restawant from the Nantucket Building Commissioner. Applicant stated further he
wished to provide on-site employee housing to alleviate the shortage of affordable housing on
Nantucket but could eliminate the proposed dormitory units and build and use the restaurant as a
matter of right. Applicant also told the BOARD that the restaurant would beau-conditioned, the
windows would stay closed to limit noise, exhaust fans would be kept away from neighbors'
properties, and the northeasterly boundary of the property would include a fence and landscaping
to screen the restaurant from abutting residential properties. Applicant said the requested waiver
of four (4) residential parking spaces for the dormitory use and the waiver of two (2) parking
spaces for the restawant use was reasonable and appropriate in the circumstances and noted that
the three (3) employee parking spaces also overlapped the four (4) dormitory spaces because
restaurant employees would live in the dormitory. Applicant proposed to serve food in the
restaurant from noon to midnight, to close the restawant at 1:00 a.m., and to implement and
enforce a Management Plan for the proposed employee dormitory. Counsel for Roland Cody
azgued that the proposed restaurant constituted a Major Commercial Development under Section
139-I l B(3) of the By-law because the restaurant required 20 or more off-street parking spaces.
The basis for this argument was the proposed dartboard and game table constituted "Recreational
facilities" under Section 139-18 ofthe By-law, and, therefore, one (1) additional off-street
parking space was required for "... each three (3) persons of total certificated building
occupancy." Based on this analysis, Cody, through counsel, asserted that more than twenty (20)
commercial off-street parking spaces were required for the restaurant, which made it a Major
Commercial Devclopment. Applicant, through counsel, responded that the dartboard and game
table were incidental to a "facility" requiring additional off-street parking. The BOARD noted
that a number of restaurants on Nantucket include similar games and aze not deemed
"recreational facilities" that require additional off-street parking spaces. The BOARD also
commended the Applicant for including employee housing in the project.
4. The BOARD, therefore, finds that the proposed restawant and employer
dormitory do not constitute a Major Commercial Development under Section 139-11 B(3) of the
By-law because the proposed commercial use of the Property requires seventeen (17) off-street
parking spaces: fourteen (14) spaces for 56 patron seats and three (3) spaces for Cr9 employees.
The BOARD notes that the four (4) off-street pazking spaces associated with the employee
dormitory are not included in the required number of spaces for the proposed commercial use of
the building because an employer dormitory is not deemed to be a commercia! use under the By-
Law. The BOARD rejects the assertion that the proposed dart board and game table convert the
restaurant to a "Recreational Facility" requiring additional off-street parking spaces under
Section 139-18 of the By-law and decides that such games are incidental to the restaurant use.
The BOARD finds further that a SPECIAL PERMIT waiving six (6) off-street parking spaces for
the proposed dormitory and restaurant is not contrary to sound traffic considerations and is in
p. i
Feb 09 O1 11:56a
harmony with the general purpose and intent of the Nantucket Zoning By-Law, and is
appropriate, subject to certain specific conditions. The Board notes that the provision for three
(3) off-street parking spaces for employees "overlapped" the four (4) dormitory pazking spaces
because the dormitory is limited to occupancy by on-site employees. In addition, the BOARD
finds that a SPECIAL PERMIT for the proposed employee dormitory is appropriate, subject to
certain conditions because the Applicant's provision for employee housing on the Property
would alleviate the shortage of affordable housing on Nantucket, contribute to the welfare of the
Island, and is in harmony with the intent and purpose of the By-Law. The BOARD recognizes
that this Property is located in a densely developed residentiaUcommerciat neighborhood and is
proximate to other restaurants. The Property was formerly used by Ryder Electric Company as a
commercial electrical service shop with no residential component. The proposed restaurant and
employee dormitory is a use consistent with other uses in the West Creek Road neighborhood
and the applicant has made an adequate provision for off-street parking. The BOARD notes
Applicant's request for a SPECIAL PERMIT to provide a driveway width of less than twenty
(20') feet is moot because Applicant proposes to comply with the twenty (20') foot driveway
width requirement. Further, the proposed loading zone complies with the provisions of Section
139-20 of the By-law. The BOARD determines that Applicant's REVISED SITE PLAN dated
November 11, 2000 complies with the provisions of Section 139-23 of the By-law.
5. Accordingly, by MAJORITY VOTE (O'Mara, Sanford, Parent and Sevrens in
favor, Toole dissenting) the BOARD GRANTS the Applicant a SPECIAL PERMIT under
Section 139-18 of the By-law to waive six (6) off-street pazking spaces, a SPECIAL PERMIT
under Section 139-7D(4) of the By-law to permit one (1) dormitory unit on the second floor of
the proposed building; and APPROVES the SITE PLAN prepared by Mark Poor, dated
November 11, 2000, pursuant to Section i 39-23 of the By-Law, a copy of which is annexed
hereto as Exhibit "A", subject to the fallowing conditions:
A) Restaurant seating shall be for a maximum of 56 patrons without further relief
from this Board;
B) Restaurant food service shall be limited to the period from noon to midnight, and
the restaurant shall close to the public at 1:00 a.m.;
C) The Restaurant shall be air-conditioned and sound-proofed, and windows shall be
closed during the hours of operation;
D) Applicant shall plant and maintain trees with a caliper of at least four {4") inches
at an interval of eight (8') feet along the northeasterly boundary line of the
Property and also keep exhaust fans away from abutting residential properties;
E) The second floor dormitory unit shall be limited to occupancy by six (6) on-site
employees of the restaurant;
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F) Applicant shall implement the provisions set forth in the Dormitory Management
Plan annexed hereto as Exhibit "B" with respect to the operation of the employer
dormitory; and
P . •~
Feb 08 O1 03:42p
G) Applicant shall construct the site improvements for the project. substantially as
shown on the APPROVED SITE PLAN dated November l I, 2000, prepared by
Mark Poor, a copy of which is annexed hereto as Exhibit "A".
Dated: Nantucket, MA
~.~(~/'~°'~ 2001
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sample Management Plan
Far Dormitories attached to Buslnes~
l.. The property owacc shall be responsible to pleat and permanemtlY ~~ at kart two shade
trees of at least four inches caliper in locations determined by the ZBA to best niiniinize the
visual impact of the building and parking area, as shown on the endorsed sate plan.
Z. All exterior lighting shall be directed generally downward and placed so a4 to not be directed at
any neighboring Parcels.
3. No exterior storage of furniture (with the exception of items typically used as lawn fiunitut~e},
refuse, mechanical components, debris, unregistered or inoperable vehicles, or other materials
constitutisag a nuisance, shall be permitted on the locus.
4. No loud music yr other Hoist violating the Nantucket moire by-law or any other provision of law
from time to time in e~'ect shall be pctmittod upon the lot.
5. The dormitory upon the locus shall Hat be used for the housing of any persons except for
employees of an owner of the locus, at employees of a tenant of an owner of the locus. All
occupants shall be emppbyees of an owner or tenant, who arc licxnsed by their respceiive
employers to occupy a space im the dormitory by virtue of their employment and for only so long
as their employment shall continue. No subtenancies of the buildings upon the locus or any
portion thereof shall be permitted.
6. Each lease to an employer shall set forth that the employer shall be responsible for compliance
with all provisions of these conditions by the employees of such empbyer and within the area
leased to such employer.
7. The premises and grounds of the lot shaIl be kept neat and clean at all times.
$. The owner of the locus, or the tenant of an awncr of the locus shall make available to their
employees fret Nantucket Regional Trazxstt ,A,uthority shuttle passes for the entire period that
such employees reside in the dormitory. .
9. The property owner shall be rccluircd to install and maintain bike racks on the property, in a
location convenient for use by the residents afthe dormitory.
10. The property owner shall periodically conduct orientation sessions, which each new employee
and a reprexmtative of ca+ch new employer housing employees shall be required to attend, in
• ~~ ^~,,~
$pntpte Bt7~l1ltt0'' Adaria~t~+ent Plan ~ ~d«~ P~ ` 15a+r~ 2
Nantacket Planni~tg Board (((JJJ
order to ensure that each empbyer and each enbpbyce fully understand all conditions, rules and
regulations applicable to the dormitory.
1 l .The Zoning Board of AppcaLs shall retain the right to revoke andlor~amend t wouM be ~~
in the opinion of the Board, the continuation of the dormitory spec permn
inconsistent with the intent of the Zoning Bylaw or the intent of the original special pcrnut,
based on eitizCn eoncxrns, a review of complaints lo$8od by the resident 8a' and/or any
other evidencx from law enforcement officials, residents oar Board members.
FOrm 6-tiy
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COIINTY BUILDING
NANTUCKET, MA 02554
File No.~~
Assessor's Parcel
ss -~
THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF
APPEALS TO MAKE A DECISION (or to hold a public hearing or
take other action) concerns the Application of:
~~ I~- - K-eC~~
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
y the Board,
(whether such Application.is an appeal from the
decision of anx administrative official, a petition for
a Special Permit ~, or for a Variance or for any
extension , mo.ification , or-renewal thereof)
to the NEW TIME LIMIT of midnight on ~Y1G~/~In ~ r ~'
but not earlier than a time limit set by statute pr by aw.
The Applicant(s), or the attorney or agent t/ for .
Applicant(s) represented to be duly authorized to act in
this matter for Applicant(s), in executing this Agreement
waives any rights-under the Nantucket zoning Bylaw and the
State Zoning Act, as amended, to the extent, but only to
the extent, inconsistent with this Agreement.
v ~~/ti-- ~~- /' 1//,1s1,~2 , //"~l~ /mil ~~~.Lc_
FOR
1
ve ~ctate or Aareemen
cc: Town Clerk
Planning Board
Building Commissioner
E`~. ,.
~ •..
~`~ ~_~~ ~ ~ ~ ~ 3 3 ~~~
Agreement filed in the office of the. Town Clerk:
Date
~:.:.~
Ert` .~.-.!4
~~ t- i ~ ~ L { I ~ :l
Town Clerk
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 Zoning Board of Appeals will be held at 1:00 P.M., FRIDAY,
SEPTEMBER 8, 2000, in the Conference Room, Town Annez Building, 37 Washington Street,
Nantucket, Massachusetts, on the Application of the following:
JOHN A. KEANE
BOARD OF APPEALS FILE NO. (068-00)
Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-18
(parking regulations); 139-19E (driveway widths); and 139-7D(4) (employee dormitory). Applicant is
seeking a waiver of six (6) parking spaces; reduction of the minimum 20-foot driveway width to about 16
feet; and permission to construct asix-person employee dormitory unit over a proposed new structure,
respectively. The new building would also contain a restaurant, a use permitted as a matter of right under
the Bylaw. Applicant proposes to demolish the existing commercial electrical shop and construct a 68-
seat restaurant and will provide a conforming loading zone and 16 of the required 22 parking spaces on
site (17 for the restaurant, 2 for up to 6 employees, and 3 for the dormitory use). The Locus meets all
dimensional zoning requirements and the new structure will be constructed in conformity with all zoning
requirements.
The Premises is located at 4 WEST CREEK ROAD, Assessor's Map 55, Parcel 172, Plan Book
13, Page 401, Lot B. The property is zoned Residential-Commercial
n i
~~V ~
Michael J. O'Mara, Chairman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE
FORMATS. FOR FURTHER ASSISTANCE, PLEASE CALL THE OFFICE AT
(508) 228-7215.
IIoA.Form 1-49
owner's name(:;)
Mailing address:
Applicant's name:
Mailing address:
2i..21TIICKET ZONINQ II071RD OP TPPETLII
TOWN 712iD COl72iTY IIUILDINO • Date
21ANTIICKET, 2•IA 02554
CAIIE 2io -
TPPLICTTION POR RF,T,IF,P
John A. Keane
66 Hooper Farm Road, Nantucket, MA 02554
same
Location of lot: Assessor's map and parcel number 55 - 172
StrCCt address: 4 West Creek Road
Book
Registry ~23kC~x£ll'x Plan, x~5cx&x~cxfd~.7c Plan Riga 13, Pale 40tLot B
Date lot acquired: 0~~ 00 Decd Ref 666 52 Zoning district R-C
Uses on lot - coimncrcial: None or
commercial
2dCD? No
- number of: dwellings- duple:c_ apartments- rental rooms-
IIuilding date(s): all pre-13/72? _ or C of 0?
Building Permit appl'n. lios. •
Case Nos. all DoA applications, lawsuits:
State fully all zoning relief sough L- and respective•Code sections
and subsections, specifically what you propose compared to present
and what grounds !you urge for EoA to make each finding per Section
139-32A if Variance, 139-30A if a Special Permit.(:a~d 139-33A
if .to alter or-c:<tend~a nonconforming use). If appeal per 139-3~A
& B _ , attach decision or order appealed. O1< to attach addendum2.
Applicant seeks a Special Permit pursuant to Sections 139-18, 139-19E, and 139-7D(4)
of the By-Law to allow for the waiver of six (6) off-street parking spaces; a waiver
of the twenty (20'') fooet minimum driveway width to permit a sixtean.(16') foot
wide driveway, and permission to construct a six (6) person employee dormitory ~
unit over a proposed restaurant to be located at 4 West Creet Road, 2nd site ~'
plan approval (See Addendum "A"). ~
Items enclosed as part of this Application: orderl addendum2 x
Locus map x Site plan x showing present x +planned x "structure:
Floor plans present x proposed x elevations x (HDC.a~proved? no)
Listings lot area x frontage ~.:etbac}a x GCR x par}~ing data x
Assessor-certificTaddresscc ~t 4 scts~_ ma].ling labcl~ 2 sets X
200 fee payablc...to.._a'own of Nantucket proof ~ ' cap' C~v~enant
(If an appeal, ask Town Clerk to send 131dg Comr ~ record to BoA~
I certify that the requested information submitted is substantially
complete and true, to the bet- L m knowlcc)ge, under the gins and
petSaltics of perjury. `~~• • ~• ~ .. ~',,,
John A. Keane, by his AttoL~ney
S IGNATURD : ~lttorn cy/ sefc¢ztx _
Kevin F. Dale
3(If not owner or own 's attorney, enclose proof of authority)
roR n orr•ICD UsD
Application copies ree d: ~_ or for IIoA on by
One copy filed with Town Cler}; ona'~~~~by complete?
One copy each to Planning Eld and Building] De t~/ Y
$200 fee check given Town Treasurer on~~~y aived?_
~~~~
Hearing notice postcd~~~~mailc~~~~I & tf~~ . , ~~/~
~'~.
Hearing(s) on_/~_ cont'd to_/_/_, ~~_ withdrawn?_/_/_
Decision due by / i .•„~~„ ~ ~ ~: , _., m„ . _
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ADDENDUM "A"
Applicant, John A. Keane, owns the property located at 4 `Vest Creek Road, Nantucket,
y,lassachusetts 02554 ("Property"). The Property is zoned Residential Commercial and includes
an 1 1.625 square foot lot and a commercial building, formerly used by Ryder Electric. The
Property conforms to existing RC zoning requirements. The building on the Property has a
,round cover of 1,778± square feet (I 5° o); tifty (50%) percent ground cover is allowed. The
Property has 95.03 feet of frontage on `Vest Creek Road, forty (40') feet is the minimum
frontage requirement. The existing building on the property has a front yard set back of 68_ feet;
side vard set backs of 15.5' feet and 7.3 feet; and a rear set back of 22.3 feet. There is no front
vard set back requirement in the RC district; five (5') feet side and rear set back distances are the
required minimum.
In April, 2000, Applicant obtained a change of use permit from the Nantucket Buildin,
Department which changed the use of the Property from an electric service company to a
restaurant. Applicant proposes to remove the existing commercial building from the Property and
to construct a new, mixed-use buildin, that includes a year round restaurant on the basement and
,round door levels, and an employer dormitory unit for six (6) employees on the second level.
The proposed building will meet current RC intensity regulations: it will have a around cover of
1 S52= square feet (16%) and side and rear set backs in excess of five (5') feet. The commercial
portion of the building will have approximately 3,705= square feet of floor area: the residential
portion of the building will have a door area of approximately 1,348_ square feet.
applicant proposes to construct a restaurant with a seating capacity of 68 patrons. The
required number of ot~ street parking spaces for this restaurant and the employer dormitory is
twenty-two (22) spaces: seventeen (17) spaces for seating, two (2) spaces for six (6) employees;
and three (3) spaces for the employer dormitory. Applicant will provide a conforming loading
zone on site. The parking, lot will be adequately screened and lighted, however, Applicant
proposed a sixteen (16') foot wide driveway instead of the twenty (20') foot minimum driveway
width required under Sections 139-19E of the By-law.
applicant asks the Board to waive six (6) of the required twenty-two (22) off-street
parkin;, spaces. (Two of the required parking spaces are for employees who are also afforded
three (~) parking spaces ancillary to the employer dormitory; in effect, Applicant is seeking a
~~ air er of four (4) oft=street parkin, spaces.) (t is physically impossible for :applicant to prop ide
twenty-two (??) ot~t=street parking space: on the Property. Applicant proposes to provide
see enteen (~~ parking spaces that will adequately provide for restaurant patrons and employees.
applicant also requests a waiver of the minimum twenty (20') foot wide driveway requirement;
he is prepared to construct a driveway with a width of sixteen (16') feet. The proposed driveway
~~ ill provide safe entn,• and exit from the Property. Applicant also proposes to construct an
emplu~~er dormitor<• over the restaurant to provide howin, for the restaurant employees and asks
t:u a Special Permit to permit this dormitorti~ The dormitory will provide at'Fordable housmU to
restaurant emplo~~ees and will be in harmom with the Zonin` By-Law.
Applicant asks the Board to waive six (6) off-street parking spaces pursuant to Section
139-18B(2) of the By-Law; to waive the twenty (20') foot minimum driveway width requirement
in Section 139-19E of the By-Law and permit a driveway width of sixteen (16') feet; to issue a
Special Permit for the proposed employer dormitory pursuant to Section 139-7D(4) of the By-
La« with appropriate conditions; and to approve the Site Plan for the Project.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 0254
APPLICATION FOR SITE PLAN REVIEW
Assessor's Map & Parcel
55-172 Plan Ref. Lot B, Plan Book 13, Page 401
Property Address 4 West Creek Road
Project Name
Owner's Name John A. Keane
Mailing Address
66 Hooper Farm Road, Nantucket, MA 02554
Applicant's Name same
Mailing Address
Contact Person
same
John A. Keane phone # 228-8299
Architect or Engineer of record
Mark W. Poor
P.O. Box 3363 Nantucket MA 02584 phone # 228-6913
Requested Waivers -list by § number, see §139-23F(1 }
L=~1?TZ7
Applican signature e
c e ()copies of the Proposed Site Plan
ZONING CLASSIFICATION: K
uw. AREA:.......-5Q4Q S•F'
uIN. FRONiAGE:.......'YU. F/
FRONT YARD S.B.: . . . t~0/`%E.
REAR do SIDE 5.8.: . . . . . . ,? FT
CROUNO COVER (,L): . S~O. /.
W~.ST
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I CERTIFY, TO THE BEST OF uY IOJOWLEDCE; THAT THE PRE11lSE5
SHOWN ARE LOCATED IN FLOOD HAZARD ZONE:.~~.~...,DELWEATED
ON fJJt1L COYUUNTTY PANEL NUUBER 250230-00 .-.L~. I1, 8Y
THE FED El1ERGENCY YANAGELENT AGENCY. EFFECTNE DATE
OF YAPS: JUNE 3, 1986, AND AS PERIODICALLY REVISED.
TH1S PLOT PLAN WAS PREPARED FOR MORTGAGE PURPOSES
ONLY AND LS N07 1T) BE CONSIDERED A FULL INSTRUMENT
SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH
PROPERTY LINES, FFNCFS, H OR ANY ANC1 LAR
STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN
RflY ON CURRENT DEIDS MID PLANS OF RECORD.
THIS PLOT PLAN IS NOT A CE1iTIFlCATION AS TO THE TITLE OR
OWNERSHIP OF 7NE PROPERTY SHOWN. OWNERS OF ADJOINING
PROPERTIES ARE SHOWN ACCORDWG TO CURRENT ASSESSOR
RECORDS OF THE TOWN OF NANTUCKET.
N07 TO BE
/ jF
MORTGAGE PLOT PLAN
OF LM1D IN
NANTUCKET, IviASS.
SCALE: 1~=_-~ DATE:-~ ~i`+%~,/i~~
Owner. ~t~~ ~/-~ ~-r .. . -. ~r~
_OT~~
Deed: ~• l~1 ~ . i_~~'~:' Plan: ~. ,3. ~6: S'~/
Tax Nap: .~>>~ ~/~=-. Locus: I:~%r~ ~ ,Ek
CHARLES W. HART & ASSOCIATES, Inc.
SANFORD BOAT DUILDING
49 SPARKS AVENUE
NANTUCKET, MASS. 02554
RECORDED. (508) 220-d? 10 H- ~ v . ~
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
LIST OF PARTIES N INTEREST NJ ~THE ivLATTER OF THE PETITION OF
i
......................................
PROPERTY O~Wi ER:..~.~~`.~.......!!C.~~ ~' __ .
`~fA1LII~G ADDRESS:...(o..~°.......~'0.a./~~.......1 F ...................._......... .
PROPERTY LOCATION:.....~......~~'~
ASSESSORS IvL~.P/PARCEL:....S~.~S........G..~..~-' .................................... .
SUBMITTED BY:........ J ~..N~........~.C ~~G ....................... ..
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SEE ATTACHED PAGES
1 certify that the foregoing is a list of persons who are o~~~ners of abutting pro?em~, o~~ners of !~^~
dir~ctl~~ opposite on any public or private street or Keay; and abutters of the abutter; and a!! other
land o«ners ~~'ithin three hundred feet of the propert}' line of o~~~ner's propem, a1i as they appza-"
on the most recent applicable tax list. (M.G.L. c. 40.4, Section 1 I Zoning Cede Cha?ter 139.
Section 139-29D (2) ).
gl_.~.G.
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ASSESSOR'S OFFICE
TO`~',~ OF N.=.tiTUCKET
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Trace E. Bardelis
2=1 lei ain Street
~antu~ket. M?.025~~
Patricia E. Bachman and Michael S. Bachman
158 Orage Street Realty Trust
P.O. Box 9~4
Nantucket, 1~Ia 02»=1
Iberrr K Ottison and Helen L Ottison Karl Ottison and .filbert Ottison
~? O~ an~,e Street 170 Orange Street
antu~ket. tiL-~ 02»=4 Nantucket, 1~~1~ 02»~
Thomas `~'. Hopkins. Trustee
L F. ~ and Dunna ill. Fox Lower Orange Street Trust
~> O an`,e Street P.O. Box 2533
Nantucket, ~(~ 02~>-1
'..Ian I) Bell and Bonita L. Bell 1~~(adJam inc.
0 6~~x 106 2 Chins ~~'a~~
ultu~ket, ~l.-~ 02~~~ Nantucket. ~1_~ 02~~-1
`~l. Leonard Lewis, et al Trustees
hn :~. Keane Nantucket Trust
re C rin's ~~'av
uitu,:ket, `I.-~ 02~i-1 166 Beacon Street
Boston, 1~1a 02I 16
tam, Thairatana Five Tines LLP
~~'c~,t Creek Road P.O. Box l 191
rntu~ ket, `I.-~ 0?;;-1 Nantucket. ~l.a 0?;;-1
rah 3 Dickerson. Tnrstee
~I~~e~~t l Dickerson 111 ~~'alter ~1~'artield and Linda Rosenberg,
P O Box 39S
~~ e~ Greek Road island Hei~,hts_ NJ OS,3,
urtu ket. ~I.~ 02j5~
lalcotm E. MacDonald, Trustee
IacDonald Land Trust
O. Box X86
tlmouth. NIA 02~4I
aarle: ~~". Fisher and Joan E
O. Box ~8~
antu~ket, 1~'l.-~ 02>j4
tber .~ l~'oung
Pol,tis Road
uttu~ket, ~1.~ 02~J4
[D ~ m estntent Ltd
~stp art. CT 06SS l
Donald Ruder
Fairgrounds Road
Nantucket, L'IA 02 ~ ~4
Partnership Roland L Cody, Jr. R Louis J. Cody
40~B Nest Coleman Bled.
Mount Pleasant, SC 29464
ber F. ~~looney, Trustee
.tmr,~cl: Realty Trust
Bux l X40
ntu~ket, ti'I:~ 02i~4
nkBuston 1v~.a
F~•deral Street
~toii. ~I.-~ 021 10
Janet Murphy, Trustee
Nantucket Orange Street Realty Trust
P.O. Box 1260
Nantucket, i~'lA 02~~=~
Joseph S. Rezendes III R Linda Rezendes
P O. Box 2122
Nantucket, ti~L~ 02~S4
ber• R Reed, Trustee Robert F. i~Ioone~~ and Elizabeth B `Ioone~•
tp~~ tti:; ~~alle~~ Reap`' Tntst
- P.O. Box l ~~10
6,~s ~ I ~=
tnt. ket. `l.~ 02 ~ ~~ Nantucket, ~ l.-~ 02 ~ ~-1
Robert K. Bamber
P.O. Box 26
Nantucket, MA 02»4
Fisher t~'Iaxwell T. Ruder
P.O. Box 424
Nantucket, ~'[.-~ 02 ~ ~ 4
H Dunn, lnc.
~. Box 1 S46
ltu~~et, ~L-~ 0254