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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. ti ~ ~'? Sincerely, L~1 N ' ~ Y 1..t.~ ~~ jJ (`~ I,,.• ~ „13' Arthur I. Reade, Jr. z ~ BBO# 413420 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 ~ ~~ -~ ~•- ,~~~ rei r • Z0~1 ' :,~; ~I~J; ; ` ~~ • 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. o+ ~ M J .~~ ~ env C.~ ~ ~ Z O {~; Z ~ r- Q 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 ~b ~ ¥'J ~f~~~ - ~ ~~Qj "~~i r, =1•, t _ I? I! 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 ~ ~ ,®.., ~}.. ~~~~~ ~irt~ - ~ ~~~f _ Cdr=':. , ~ ,.._ ~ ... _ i1t~K .,VU~ _ .~ 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%. p.z 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; p. c 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 0 !~~ r- °- ._~ ,. r~ _ - ~.,, ~ w ~... <..: ---~ f V ~°: i..4.,.~ r~ }:„,~ l~ ts' .`~ O ~ •-- ,,, °' ~ O NANTUCKET BOARD OF APPEALS ~~ ~ y ~ -_ M :~,'~ ~' 1~' ~" ~.. !~F, , Zc.co' ?4~a7' 2o,cd .. F3fRKW4 SRrE ~ AInE wlvi5l _ - y_EJC1S~'~'.~t G' ti lc4! - F~7GE ,. ,. '12Aay ' - ~ $ ~ ~~ c ~ ~, ~ a ~ P ,ryn1 , ~~~'' , L~{ N _ ~ i~ 111 A~ ~~ W 1 ~ R ~ - €a ~ _ n ~~ 4~. so ~ p m +1 U1 y tf W 9 _ ~ ~ ~ }} 1- rr' c i ' ~ 8 ~ ~ J '~ m ~ yp ~ 1o.w (~ rn ~ ~~ A N $ - R ~3 _~ - - I ~ ~_,*~ ~ 1 G ~ J R f51 = FF,.~ J1C?~ p* ~>, wA o ~ ~ ~ .. roz aF Q ~, - i >,a ~ ~o '~ F ~ a v i ~ ~`' ~ } >= I N - 8 ~'~ ~ s - ~ ~ 4a. Sv ~ ~ a lb __~_I o 1 "'1- - 7 ~' ~~ •^ Y fl~.[ ,. !.... .. . i N '11 .:~ . ~ f. ;p~ ~4 L ~1 .,t~,' 6;:: .. ~ ~ .~: ~'~ ~ _. 1 _ ~~ ~: ^~ r~+t~57~r~ try.-:r?' j _ ~~ 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„ . _ W `~ U ;~ u_ t/~ J Q WU?~ o ~ ~; ~ i- ~ to ;: ~ W ~~~.~~ W J ~ ~ c C ~ ~- -~ . Q- x ~~. , yY -` ~ 1 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 ~r"S-/73 ~'(~F ,E~„Q. YOUitl6 EXISTING: . /;9s o s . ~~: P-G-4~`f C/~„E.Ei~ 9S. 03 hl ~I Y .~ i /, "/ - 20ov~: .J,; -/7/ ~~~ ~ o o 0 / S7'y w/F 6v/,CV/NG i _ /7~~ ~rq' - - -I Kll ~I - _ 9S. /3 S'- /76.3 ~~F s' j v; `,,' ;~ ~. ri,: ,zar,~~ ~; ~ .t . .< ~ ~~ ~.~~fr,,-. (~~ - 2 ~7 - C>U T0:.. ~~..C.~/ ................... . 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 . ~ J ~~-~~ V N ~ Go t ~ ~ c ~ N AFL r ' !~ ~ ,~ ~ • = ~ ~C ~'r `t a ~ ^~ `~• 1 ~, ~, Y cam. Z t,, io ~ ^(E rA ~ `3~. /~ w N 3 ~ ~` N 1 P U ~'+ :,r ~`~ ~~ N - y o ~ ~ ~ ~. ~ y iD ~ ~ N " ~ ~G ~. a ~ ~ 'Q ti ~ ~~ ~ o`'' ~+ N 30B ~ N ~ /aye Pv ~ l)~ d ~ L s~ 4 R A l~. n' N ~ r~ r i _ ,6 t N L'~N ~~ n N _ t ' ~p O ~ ~/ ti O , ~ "~O a7 ~ ~ ~ Ira .~ 4.{ dO ypi ~ '~ ~ V Cy r ~ t1.r' V '~ .! ~ ~ ~ ~ ~ ~ 4,~ ~O ~ rev ~~ ~ ~ ~ y ~ v~ 7 .t ~ > ~''~ f' ~' a 1' ~~~%f- `~• ~ ' / ~ / µ* N O ~ N ~j V G 3 b~ .4 ~ V / N 4 ~~ N N Q~ ~~ Cyr ~ ~ ~ N V . °° ~ °o ~ • .o ` .. _+ ~ '° a V ~ p~ ~ n~i ~ -~ ~' ~~ o~ ~~ ' ~~ ~G a~ . ~ ~` ~ti -~ e u w O ~~ `D ~~• w 4 ~ p c, m ~ m - ^o° ~` ~ y~ ~ V 0 q. m ' N Qa -d ~i m ~ 0^ w ~ u . - o~+ ~~~ ~ 05 1, S t ( ~ ,..-~ e~~Ao ~cFi . of ~~ .~ ti~, .~ ,~ %' G p 1 app ~'4S iVq~T~t`.f~, o C~~~~- ~~ } ~ '~ 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 ....................... .. ___, -~ -% J ~' . ~; _~-~ 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. D.~.TE n~ 1~~~-/~LC~Vr .w !. 1. ~~.... ASSESSOR'S OFFICE TO`~',~ OF N.=.tiTUCKET v a C F F q qq F F a ~ F F F F h m m F W. a qa a~ w N a C K a a F F m N N>>~ N N N m m W m W [Z-~~ z x V W W W W W C7 4 4 X X W W X X~ ~C W W W~ R w F W W W a ~ ~ ~ ~ ~ ~ a ~ ~ ~ a U v a a a ~ ~ a a a U u a ~ ~ ~ ~ ~ ~ a of m 0 0 0 0 0 a H H a U U U O O U V U a a 0 0 0 a a 0> 0 0 0 u w v N rv e in r rv U U U o~ 3 3 3 3~~ 3 3 3 s 3 o p ui ~ n W W x q .~ m m ~ P P N n O N r T a .a .~ .i .~ .a .a H a rv .~ .a .-~ .r r n .i .~ .r a b m .~ .~ .~ H .a .a .+ .~ ti m v .~ .i .a n N O O O O O O O O O O O O O O O O O O O O O O O O O N O 0 0 0 0 0 0 0 0 m ~ t ~ i ~ ~ ~ ~ ~ Y ~ ~ ~ ~ z ~ ~ ~ ~ ~ ~ ~ ~ U u W ~ ~ x ~ ~ ~ E m F 5 H W F F F F F F F F F F F F F W F F ~ W W W W W W W W W W W W W y= W W W W W W W F F .w7 W W W W W W W X X X X X X X X X X X X X F X X X X X X X a a a X X X X X X X U U U U U U U U U U x U U U 5 0 0 0 U U U U 0 0 U U x x U U U U V y~~~~~~~~~~o~~~~~~~~~~~~NW~~~oo~~~~~ u" x z z z z z z z z z m x z z H w z z z x z z z a 3 x x z m m x z z x z qq a H 4 q m fF.] [F.] W O 4 F F F z a a a s a s N W m g q mp Wp a0 m lF/1 F W W W n .n >~ N 3 W W m fX.1 m m a a; J P ,~ m U 0 444 W e y4 Oy U'x O m o 3 3 m O U .. 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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