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HomeMy WebLinkAbout025-99TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: November /-] ~ 20 00 To: Parties Decision of following: in Interest and. Others concerned with the the BOARD OF APPEALS in the Application of the Application No.: Owner/Applicant: 025-99 SM & MS NOMINEE 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. O` Mi hael O'Mara, Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. 11/07/2000 17:52 5082287526 h1lLlatKALll rr-iut t~< TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 67 1 Windy Way, Unit No. 1 Parcel 118.4 Plan Book 20, Page 65, Lot 8 RC-2 Deed Ref: Book 579, Page138 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday; March 12, 1999, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, MA, on the Application of SM 8 MS Nominee Trust,: P.O Box 1436, Nantucket, MA 02554, Board of Appeals File No. 025-99, the Board made the following Decision: 1. Applicant is seeking a MQDIFICATIQN of a SPECIAL PERMIT issued in Board of Appeals Case No. 042-98. Applicants are requesting to be allowed to use the second floor of Unit 1 as two (2) office units with the ability to convert the use back to a dwelling unit without furfher relief from this Board. In the Special Permit issued in Board of Appeals Case No. 040-86 the Board allowed the use of said second floor as two (2) office units. In Board of Appeals Case No. 42-98, use of the second floor was limited to use as one (1) dwelling unit as a condition for the grant of relief to convert the first floor of Unit 1 to use as a take-out food establishment. Said conversion of the second floor office space to a dwelling unit was to have taken place by January 15, 1999. Applicants allege that they have been unable to obtain a Building Permit to convert the space to a dwelling unit due t0 the Building Cap limitation. To the extent necessary, Applicants are also seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law Section 139-186 (4) waiving one (1) additional parking space and under Section 139-20 to waiving the loading zone requirement. The premises are located at 1 Windy Way, Assessor's Map 67, parcel 118.4, Plan Book 20, Page 65, Lot 8. The property is zoned Residential- Commercial-2. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board did not make a recommendation. There were no letters received regarding this matter. There were no parties present who spoke in opposition to the Application. 3. Applicant, through counsel, indicated that they did not obtain a building permit for the conversion of the existing office space to the dwelling unit 11/07/2000 17:52 50822tiI5Lb rli~ucRr-iLL ~.-.~c u~ .and a permit might not be available until January 1, 2000 depending on the Building Cap by-law vote at the April 1999 Town Meeting. Relief from one (1) parking space would be required to continue the use of the two (2) office spaces on the second floor. 4. The Board finds that a modification of Special Permit No. 042-98 to allow the use of the second floor as one (1) office space use or as a dwelling unit without further relief from the Board would be in harmony with the purpose and intent of the By-Law and would not be substantially more detrimental to the neighborhood.. The premises are Ivcated in an area of mixed residential and commercial uses and neither use would be detrimental to the neighbhorhood. Relief from 'the parking requirement would not be required for the change of use from a dwelling unit to one (1) office space use and therefore relief allowing either use at the option of the owner without further application to the Board of Appeals can be granted. However, the Board finds that a waiver of one (1) parking space is in harmony with the purpose, and intent of the By-law and would not be substantially more detrimental to the neighborhood. The Board further finds that the waiver of the loading zone by Special Permit would also be in harmony with the general purposes and intent of the By- Law as there is adequate on-site area in which to unload goods without impeding circulation on. Windy Way or adjacent streets. 5, Accordingly, by unanimous vote, this Board GRANTS the SPECIAL PERMIT relief pursuant to Section 139-188 (4) to waive one (1) parking space for the purpose of allowing one larger handicapped space to be delineated on the site; SPECIAL PERMIT relief pursuant to Section 139-20 to waive the loading zone requirement; and SPECIAL PERMIT RELIEF for MQDIFICATIQN of the Special Permit issued in Board of Appeals File No. 042-98 by deleting Paragraph 4 a. in said Decision in its entirety and by allowing the use of the second floor as either one (1) office space or a dwelling unit without further relief from this Board. The conditions set forth in Paragraph 4 b. through i. as set forth in the Decision in File No. 042-98 shall remain in effect. Dated: ~ ocJeJ~m ~ l ~ ~ a ov v ward le Mi ae~0'Mara wwova w or~oioo Da a W. Waine Nancy Sevrens °°s. ~~ ~~~' 1 r ~;~ ! "~, ~: m 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, MARCH 12, 1999, in the CONFERENCE ROOM, TOWN AND COUNTY BIIILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: MICHAEL C. O'REILLY AND ROGERS W. CABOT, JR., TRIISTEES OF SM ~ MS NOMINEE TRUST BOARD OF APPEALS FILE N0.025-99 Applicants are seeking a MODIFICATION of a SPECIAL PERMIT issued in Board of Appeals Case No. 042-98. Applicants are requesting to be allowed to use the second floor of Unit 1 as two (2) office units with the ability to convert the use back to a dwelling unit without further: relief from this Board. In the Special Permit issued in Board of Appeals Case No. 040-86 the Board allowed use of said second floor as two (2) office units. In Board of Appeals Case No. 042-98, use of the second floor was limited to use as one (1) dwelling unit as a condition for the grant of relief to convert the first floor of Unit 1 to use as a take-out food establishment. Said conversion of the second floor office space to a dwelling unit was to have taken place by of January 15, 1999. Applicants allege that they have been unable to obtain a Building Permit to convert the space to a dwelling unit due to the Building Cap limitation. To the extent necessary, Applicants are also seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B(4) waiving. one (1) additional parking space and under §139-20 waiving the loading zone requirement. The Premises is located at 1 WINDY WAY, Assessor's Map 67, Parcel 118.4, Plan Book 20, Page 65, Lot 8. The property is zoned Residential-Commercial-2. C~ ~a ~~~~ Daie W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT O~R QTHER ALTERNATIVE. FOR_MA__TS: FOR _ ASSISTANCE GALL _ ~ __ (5~08~~~Z~8=72.1. -- : _._ .-- --- - - --,-- ._ S 5oA Form 1-89 NANTUCKET ZONZNo BOARD OF APPEALd February 9, 1999 TORN AND COUNTY BUILDING Date NANTUCKET, HA 02554 CAGE No~ APPI ICAPION FOR IiEI,IEY O.~ner's name(s): Michael C. O'Reill and Ro ers W. Cabot, Jr. Trustees of SM & MS Nominee Trust UDT 6/4 98 recorded at Book 579, ~~ap~51~2 Hailing address: P.O. Box 1436 Nantucket Applicant's name: ''`ailing address Location of lot: Assessor's map and parcel number 67_- 118.4 i. Street address: 1 Windy Way Unit 1 ____ Registry Land Ct Plan, Plan ek & Pg or Plan File 20/65 Lot 8 I. Date lot acquired: ~~ 98 Deed Ref 579,13$_ Zoning district RC-2 ,' 4-commercial office Uses on lot - commercial: lJone or 2-commercial offices or renta~gCD? -- _. - - number of: dwellings- duplex- apartments-- rental rooms- 5uilding date(s): all pre-II/72? no for C of: 0?_ - i t; 5uilding Permit appl'n. Nos. ,,I iyy Case'Nos. all BoA applications, lawsuits: 040-~~i, 042-9~ r State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds xoulurge 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 noncon~o~ming use). If appeal per 139-3~A ~, B i r, attach decision or order appealed. OK to a tack addendum . ~ 'I~ I I '~ ~j! I ff ;~ ~. ~ aJ ~I I •' 41 it ~` I See f1dd~~4dum attached hereto. !j ~' i ~ I ~' i "7 ;~ :j ~, !" ;i r, r~ ;~. Items enclosed as part of this Application: orderl X~ addendum2~_ Locus map X Site plan X showing present X '+planr~ g structures Floor plans present X proposed_ielevations no (HDC appproved? ) Listings lot area X frontage X setbacks X`GCR~Jparking data~y_ Assessor-certified addressee T-ist 4 sets C~-ma~ling~labels 2'sets X X5200 fee payable to Town of Nantucket~~__ proof 'cap' covenant -(IP an appeal, ask Town Clerk to send B1dg,Comr s record to~BoA.) ,y I certify that the requested informatigrl submitted is substantially complete and true to the best of my knowledge, underithe pains and penalties of perjury. / `~~ /' i SIGNATURE: ,GGIr .~ fjspl,~Qlc~ Applicant. Attorney/agent X i ~ - 3(If not .owner or owner's attorney, enclose proof of authority) is ~ U FOR BoA OFFICE USE ? ~ ~ ~ Application copies reed: 4_`~or for f3oA on (/ by One copy filed with Town Clerk on~~/~ b'y compleYte? One copy each to Planning Bd and Building De t by---J~~~ $200 fee check given Town((~~jjTreasurer on~/ by waived? }fearing notice posted___/~Tj~mailed~/~ I & M~//~~. T ******~~~~~tttttt ` Hearing(s) on~~_ cont'd to~~_, ~~_ withdrawn?_/_/_ Decision due by~~_ made~~ I filed TC~~_~_ mailed~~_ ~. See related cases lawsuits _ other ~ I ~ j W ~ U~ u7 ~ O ll.. O W ~ ~ ~ ~N V W ~ ~ ~ J Y ~ ~ O! II~ ~1t ~eJC? Z F.. _ _. ~ 4 n _~ _ ~ ~; ADDENDUM Applicant seeks a modification of prior Special Permits 040-86 and 042- 98 to allow the use of the second floor of Unit 1 of the One Windy Way Condominium as two (2) office spaces. Two (2) office spaces were approved in the 1986 Special Permit. This was modified in the 1998 Special Permit which required that the second floor of Unit 1 be limited to one dwelling unit with the conversion to take place by January 15, 1999. The Applicant has not been able to obtain a Building Permit for a dwelling unit due to the Building Cap limitation. The parking calculations are set forth on the attached sheet. To the extent necessary the Applicant seeks relief for one (1) parking space pursuant to Section 139-186(4). To the extent necessary the Applicant requests special permit relief pursuant to Section 139-20 for a waiver of the Off Street Loading Facilities. The property is located at 1 Windy Way, Unit 1, Map 67, Parcel 118.4, and is zoned Residential-Commercial 2. ~ cn.p~ n v ~'• cD o cn ~ ~ ~o ~ ~ ~ ~ ~ , n. ao ~' rn ~ N W cn D o ~ rn I ~ 1 ~ ~ ~ ~ ~ ~ -~ (D "7 ~ ~ v' ~- ~ S ~ ~ .-ti ~ ~ ~ ~ - r-- n cn G ~ ~ (p ~ Q ~ ~ N O cn ~ S2~ O ( ~ S~ (D ~ ~ N ~ cQ (D A. ~ ~ (D ~ ^. (D ~ ~ m ~? o ~ ~ N o -~ 1 .-. ~ ~ ~ Z _ ~ ~ ~ ~ (D ~ -+~ ~ ~ (~ ~ 00 CJ1 pp ~ ~ to ~ ~ ~ ~v Wn~ ~ ~ v _~ ~ ~~ a ~ ~ m 0 0 ~~~ m~~m ~~ ~, ~~ ~ ~~ ~ ~ ~ .~ p p \ ~ p ~O p `< ~ (Q ~ (D _ ~ ~ O-cn ~~ (D cD ~ ~~ -+ ~ m O cQ Q ~ (~ n cOn ~ ~ ~ ~ ~ U~ Cn ~,p cD ~ v C TZ n p~ p ~ ~o _~: ~ ,:n~ m ~v O ~ C ~ ~ ~p ~ ~ ~ ~ ~ N n O A ~ ~ ~ ~ ~ ~ W ~ ~ .-. ~ v - ~-*+ ?~ (D 00 D ~_ Z G7 v D D REF.: CHAP..~1~~.•$EC.:.~81,X G.L I CERTIFY THAT~1H.Ei~'RQPERTY LINES SHOWN Gn THIS PLAN- I~NES'~DIVIDINC EXISTING O WNERSHIp$~~NES ~.OF THE $TREE TS AND wAY$',SNO TFIOSE'OF PUBLIC OR PRIVATE $TREE75e 0Fi!+WAYS ALREADY ESTABLISHED ANO THAT NQ'NEW+UNES FOR DIVISION OF EXISTING OWNERSHIP OR FOR. NEW WAYS ARE SHOWN. PROFESSIONAL LAND SURVEYOR CArr NANTUCKET REfiIBTRY OF DEEDS Date Tl~~e Plan BK. PG. Plan Fite Attest. Register RESERVED FOR REGISTRY USE ONLY REFERENCE: DEED REF.: BK. 20t PG. 53 PLAN REF.: PI.BK. 20, PG. 65 (LOT 8) ASSESSORS REF.: MAP: 67 PARCEL: 118.4 ZONING CLASSIFICATION UNTO \ DISTRICT: RC 2 = RESIDENTIAL COMMERCIAL 2 REP MINIMUM LOT 512E 5,000 Sq. FT. COMMON STAIRS P yOMMON ~C MINIMUM FRONTAGE = a0 Ft. FRONT YARD SETBACK = 20 FT ~ q . R ~~ ~~~~ 1C~ RCS . 5 FT K 1 6 1`~ NI p6 . = REAR & SIDE LINE SETBAC T 50~ ON N lO = MAx. GROUND COVER RA WE.K O~ t No O ONtt 2 - - N PR~'F 432 ~ co 0 O GOMM N 0g 00 2h ° y I S~R`C~ 1 '~ , ~,~ 0.E 10R~ E ~` a I Q CB/DH FND NT \ 200 FR G O1N WO o ~ Y,' ~ ~U~U / A ~ I p'~SCR ~ ~ W / K © ~:'.,4 I Q FM w P`,,Nica a0. '~ ~ ~ \ t (/~ ~~R~1NG ~ K~ FOG ~ ~ aRw S PSPHPU ~ ~ / ~ ~, ~ UP Z \ ` O COMMON AREA ~ ~7/d ~ UNITS 1 k 2 L ~A5, ' c. O ~ C 0' 0 S5~ 6R' NSF EF ~ PN ~ 4 nor e \ ~~ ~ ~ ~ l \ NtE~ - E,SIJt S.G. i I n C ~' /DN f - a~O ~ . ~- " ~ ~ ~ ~~ FND Q , , 4A ~ ~ OO ~ 6925 ` ~~ ~ 10 FT w1DE PARKING EASEMENT CB/DH FND 1, ~ ~ Q (REFERENCE DEED BOOK 3a6, PAGE 337) . ~ 5 ADDITIONAL PARKING SPACES ARE LOCATED OFF SITE AS PER NANTUCKET 20NwG BOARD OF APPEALS ~.1 A DECISION a0 OF t986. SPECIAL PERMIT DATED 7/8/96. V~ RECORDED ~`n TH THE TOWN OF NAN TUCxET REGISTER OF DEEDS (BOOK 252, PACE 123). ~1~~~ ,,e 5 6~ NIO PRO PRP M ,OHN G D PS\UN P 'i HEREBY CERTIFY THAT THIS PLAN FULLY AND ACCURATELY DEPICTS THE LOCATION AND DIMENSIONS OF THE BUILDINGS AS BUILT AND FULLY ll$TS THE UNITS CONTAINED IN 1 WINDY WAY CONDOMINIUM AS BUILT.' ------------------- -- PROFESSIONAL LAND SURVEYOR DATE I HEREBY CERnFr THAT THIS PLAN HAS BEEN PREPARED tN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMUONWEALTH OF MASSACHUSETTS.' PROFESSIONAL LAND SURVEYOR DATE PROGRESS PR~~~°~ DATE: _ CONDOMINIUM PLAN OF f/1 WINDY WAY IN NANTUCKET, MA 02554 SCALE: 1" = 20' DATE: JAN. 30, 1998 NANTUCKET SURVEYORS INC. 5 WINDY WAY NANTUCKET, MA 02554 S' ,'Y. fi :C L~L M O -~ O ~~ ~ r- N N L.L ~ ~ I- •j. Z Z ~; O O m z 0 c~ C c~ ~ ~~ s.. O o p O Z, ~~ U r ~p .~ ~ >- ~ ~ G ~ `\ ~ Z ~~ BOA1?D OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MAY 30, 1986 at 12:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of PHILLIPS G. AVERY, FOR HIMSELF AND OWNER BUSKIN, INC. {OGO-86) address, 21 Meadow Vzew Drive, Nantucket. 1. Applicants seek a VARIANCE from the parking and screening requirements of Zoning By-Law SECTION 139-18 associated with a recently completed addition to a commercial building. The premises are located at 1 WINDY' WAY, Assessor's Parcel 118.4, Lot 8, Plan Book Z0, Page 65 and zoned RESIDENTIAL-COMMERCLAL-2. 2. Based upon the Application papers, viewings and plans (marked "Exhibit 1"), release, easements deed, representations and testimony received at our hearings of May 2 and 30, 19$6, we find that Applicants' completed addition is not yet occupied, to the extent required off street parking has been unavailable. The addition was undertaken in good faith pursuant to a Building Permit. At Lhe time of applying and obtaining the permit, no question was raised by the prior Building Inspector of meeting the parking requirements. No parking plan was asked or filed. 3. As completed, the building when fully occupied should have the following o£f-street parking spaces ("OSPS"): USE Retail and office space - One dwelling unit (912 SF Employees - Video House Unemployment Framing store OSPS 2448 SF 12 apt.) 1 1 ~f f ice 1 or other 1 16~ said to total 14 per recent Building Inspector reckoning, ~,., ~p 3nh,~ Nh;I 3S~iDH S1a3gOb 9bGb-5ZE-BaS-t Z.t =LI 8561/GL/Z0 (U4o-ab> -z- 4. Due to the scale and siting of the structure and provision of deck or walkways, no more than 10 OSPS can be accommodated on the pre- mises fully complying with Section 139-18C. Applicant has made reasonable provision by the Easement and Release, repectively, for 5 off-lot spaces on Assessor's Parcel .119 and 2 parallel spaces on Applicants' Windy Way frontage.The Easement provides reciprocally for daytime and night- time uses framed by 6:00 a.m. and 6:00 p.m., appropriate to respective business needs. The Release, entered into by the other Windy Way abutters, gives Applicant unencumbered use of approximately 74 feet of frontage 10 feet wide for parking off the lot along its southerly line. S. Applicant undertakes, as conditions for issuance of the vari- ance, Lo record the Easement and Release in the Registry against his deed, also to define the required vehicle entry from Windy Way onto his lot with width not greater than 24 feet. For example, railroad ties or land- scaping timbers may be used to channel traffic without impeding a driver's view. Two parking spaces end-to~end near the westerly lot line are to be delineated along with the 10 also on the premises, per Exhibit 1 parking plan (the two being subject to blockage by a vehicle in the nearest one of the ten spaces and so best used daylong by an employee or owner). 6. A further condition is imposed modifying the screening re- quirements of Section 139-18F (1)(b), in the light of (d) calling Eor a safe and unobstructed view of traffic. The Surfside bike path runs along Applicants' easterly lot line paralleling the length of their'coaventional split rail fence. This path is crossed by traffic leaving the premises via Windy Way just prior to reaching the Surfside Road. Applicants under- take to carry the fence one rail-section length up Windy Way (generally where a road-closing gate now hangs when open) and to plant and maintain vines of other appropriate vegetation along the existing and new fence sections to provide reasonable screening without obstructing view over the fence. ~' ~~ ~~~~ Nf~I ~SOOH S1~3fi0d 9b6b-5Z£-BOS-[ Zb~LL 855L!0Z/Z0 (040-8b) -3- 7. Because of the topography occasioned by building structure in relation to lot bounds and the hardship of unoccupied commercial space pending parking relief, we find that relief by variance would be support- able upon the conditions noted. However, we strongly favor the actual provision of parking spaces•on and off the lot, of the required number. Ln harmony with the general purpose and intent of the zoning chaptez, ensured by the foregoing conditions, we prefer granting to Applicants a SPECIAL PERMIT under Section 139-18E allowing use of the seven off-site parking spaces of meet that protion of the total parking space require- ment corresponding to the proposed use or uses made of the premises. 8. Accordingly, by UNANIMOUS vote, this Board GRANTS to Applicants such SPECIAL PERMIT under SECTION 139-18E subject to the conditions noted above. Dated; June 17, 1986 Nantucket, MA 02554 William R. Sherman /(X ~ ~iG/ Dorothy Vollans ~~/" i C. Marshall Be le ~~ r0 3"~hd NNI 3S!l7H S12i3fi02! 9b0b-S~£-B09-i Zb~IT 85bt/Ov/ZC~ TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 67 Parcel 118.4 R-C-2 1 Windy Way Unit No. 1 Plan Book 20, Page 65, Lot 8 Deed Ref. 201/53 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, April 10, 1998, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of BUSKIN, INC. FOR ITSELF AS OWNER AND FOR SM & MS NOMINEE TRUST, CONTRACT PURCHASER, of 21 Meadowview Drive, Nantucket, MA 02554, and c/o P.O. Box 1436, Nantucket, MA 02554, respectively, Board of Appeals File No. 042-98, the Board made the following Decision: 1. Applicant (SM & MS NT) is seeking a MODIFICATION of a SPECIAL PERMIT granted in a Board of Appeals Decision in File No. 040-86 in order to convert office space to a take-out food establishment with one (1) service station and four (4) seats and to convert second floor office space of Unit No. 1 to a dwelling unit. Accordingly, Applicant seeks relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(o) to allow use of Unit No. 1, located on the first floor easterly side of the existing structure, as a take-out food establishment as described above. In addition/in the alternative, and to the extent necessary, Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B(4) to waive up to 30/ of the required parking spaces to enable the conversions as proposed. In the alternative, relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-18(1) to validate the five (5) off-site parking spaces as previously approved in File No 040-86. Further, to the extent necessary, Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-20C for a waiver of the 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made a favorable recommendation subject to several conditions which are incorporated into the Board's Decision as part of the grant of relief. There was one (1) letter from a lessee of a neighboring property, in opposition to the proposed plan, stating that mo waiver of parking should be granted. Three (3) abutters were present at the Hearing speaking in opposition. Concerns expressed related primarily to parking issues. One (1) Windy Way abutter stated that parking on the Way was already a problem with vehicles from the commercial establishment across Surfside Road using his lot for "spill-over" parking. Two (2) abutters on nearby Boynton Lane also expressed concerns about the same issue, with one (1) further stating that the proposed use was inappropriate in the subject building and would not contribute to the upgrading of the area. 3. Applicant, through counsel, represented that the structure had been separated into two (2) condominium units, with Applicants under contract to purchase Unit No. 1 which was located in the easterly portion of the structure. The uses in Unit No. 2 were one (1) dwelling unit, one (1) retail unit (currently a barber shop), and one (1) office space (currently used by a kitchen and bath business), requiring a total of seven (7) parking spaces. The existing uses in Unit No. 1 related to office/retail businesses with a parking requirement of ten (10) spaces. The total number of parking spaces required in the BOA Decision in File No. 040-86 was seventeen (17). With a re-allocation of space within Unit No. 1, the total number of parking spaces required with the conversion of a portion of first-floor space to a take-out food establishment would continue to be seventeen (17). While proposing to continue to maintain the two (2) off-site parking spaces that were located in the Way, Applicant preferred to have the five (5) off-site parking spaces, located on the commercial lot across Surfside Road and required in the previous Decision, waived under this Application to minimize problems with the specific allocation and delineation of the spaces on that lot. There would be one (1) take-out station with four (4) interior seats and up to four (4) employees at peak shift. Unit No. 1 would also contain one (1) second-floor 325± square-foot dwelling unit, one (1) first-floor 227± retail/office space and one (1) separate office space on the second floor. In response to concerns expressed by the Board Applicant agreed to remove any office uses from the second floor of Unit No. 1 and provide one (1) dwelling unit only in said space, restrict the on-site parking of commercial vehicle of any tenants in either unit, to one (1), limit the hours and monitor the parking situation. 4. Therefore, the Board finds that the proposed take-out food establishment use is allowed by Special Permit in this zoning district and that the site, with the maintenance of the seven (7) off-site parking spaces as required in the Decision in BOA File No. 040-86, contains adequate parking as required under the By-Law for the proposed uses in the building. The grant of relief by Special Permit to allow the conversion of a portion of the first-floor space to said use would be in harmony with the general purposes and intent of the By-Law and would not be substantially more detrimental to the neighborhood., with the Locus being situated in a substantially commercially developed area. The grant of a waiver of the loading zone by Special Permit would also be in harmony with the general purposes and intent of the By-Law as there is adequate one-site area in which to unload goods without impeding circulation on Windy Way or adjacent streets. The Board notes that the loading zone issue was not addressed in the previous Decision and needed to be brought before the Board at this time to validate the existing situation. As to a waiver of parking spaces, the Board finds that it would be preferable to maintain the seven (7) off-site parking spaces rather than eliminate them and require the Applicant to maintain the parking area as specified in the Decision in BOA File No. 040-86, i.e., ten (10) on-site and seven (7) off-site parking spaces, with two (2) in Windy Way and five (5) designated across Surfside Road on land shown on Assessor's Map 67, Parcel 120.3 and/or Parcel 119. 5. Accordingly, the Board, by a unanimous vote, GRANTS the requested MODIFICATION of the BOA Decision in File No. 040-86 and a SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(o) to convert existing office/retail space to a take-out food establishment, and a SPECIAL PERMIT under Nantucket Zoning By-Law §139-20C, waiving the loading zone requirement. In addition, the Board validates the parking plan as specified in the Decision in BOA File No. 040-86, i.e., ten (10) on-site parking spaces, two (2) off-site parking spaces in Windy Way, proximate the Locus, and five (5) off-site parking spaces, situated across Surfside Road, on either one (1) or both lots shown on Assessor's Map 67, Parcels 120.3 and 119, on the following conditions: a. The use of the second floor of Unit No. 1 shall be limited to one (1) dwelling unit as a condition of the grant of relief for the use of the first-floor as a take-out food establishment, with .said conversion to one (1) dwelling unit from office space, to occur by January 15, 1999; b. There shall be one (1) take-out station and a maximum of four (4) seats in the take-out food establishment on the first floor of Unit No. 1; c. The hours that the take-out food establishment in Unit No. 1 shall be open to the public shall be no earlier than 10:00 A.M. and no later than 9:00 P.M. on any given day; d. As it pertains to both Unit No. 1 and Unit No. 2, there shall be no more than one (1) commercial vehicle, that is used in conjunction with a commercial business operating in the building, on-site at any given time; e. All landscaping required under BOA Decision in File No. 040-86 shall be continued and maintained; f. The Applicant shall maintain crossing lines on Surfside Road; g. Parking control lines shall be delineated and maintained within the 10-vehicle parking area on the Lot; h. The Applicant shall provide a trash receptacle adjacent to the Surfside Road frontage and be responsible for its maintenance; and i. Up to the total of five (5) off-site parking spaces across Surfside Road, shall be occupied by employees, residential tenants and additional commercial vehicles associated with the commercial uses in the subject property. Dated: June ~ 1998 ^~~ /~~~ ,~ D a e W. a i n e Lind a F . TA`i'I i ms " v~ Q Timothy Madden TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: June l 1998 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 042-98 Owner/Applicant: BUSKIN, INC., FOR ITSELF AS OWNER AND FOR SM & MS NOMINEE TRUST, CONTRACT PURCHASER 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. W. Waine - Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. 2-a9 bGr~ ~'or.a • NANTII~i:ET ZONING BOARD OI' I~PPEALS . ~i'OWCi Ii2ID COIINTY BIIILDING . NANTIICRET, MA 0255A ~i> -• ASSES80R'8 LIST OF PARTIES IN INTEREST ~ o ~~ ~ ¢ Z~/U~ ~S'f'1 `~ ^" -~ ~ori'~~ ce ! ~ ' 7-2u~~- \ 1 ~ x o / ~ l N PROPERTY ,.OWNER: , ~ m Q N ~¢ -~ APPLICANT FOR RELIEF (SAME? ) : ~ ~~-a~cf= "z Y ADDRESS• OF :PROPERTY: ~ /~ ~ ~ ~~ ASSESSOR'S MAP - PARCEL: J z ~ a m z LIST OF PARTIES INCLUDING ADDRESSES*(OR SEE ATTACHED )~ v . ~ ~ or the attached ) lists " I certify"-that ;the foregoing allpersons.;:, natural or legal, who are owners ofyab~licg •property;•'owners of land directly opposite on an p ~or private'•street or way; and abutters of the abutters and al.l other land owners w~.thin three hundred feet of the property J:ine.of Owner's property, as they (and their address) appear on the most recent applicable tax list [per .M.G~.L. c.AOA, Section 11 and Zoning Code Chapter 139, Section 139-29D(2)]. ~ ~~ ~ ~ Date 2,ssessor~ Town of Nantuc et .C FF2 t ' *NOTE••Applicant (petitioner)~should include with the lot for which zoning relief is sought, any commonly-owned abutting lots whiandmlarcelscfor eachlabutterthe zoning matter. List map p 01/26/99 TOWN OF NANTUCKET 15:24:13 OWN ER'S MAILING ADD RESS LIST Map Bloc!c Lot Cwner's/Co-Owner's Name Mai ling Address/ City State Zip Pr operty Location 0067 00146 WASSERMAN ANN MARCIA PO BOX 456 0019 BOYNTON LN NANTUCKET MA 02554 0067 00147 WASSERMAN ANN MARCIA PO BOX 456 0017 BCYNTON LN NANTUCKET MA 02554 0067 00142 CAMPANALE LEONARD M PO BOX 105 0006 BARTLETT RD SIASCONSET MA 02564 0067 0014 NANTUCKET AELLA LTD INC 0004 6ARTLETT R D 0004 BARTLETT RD C/0 DOOLEY JOHN P JR NANTUCKET MA 02554 0067 00144 PARENTS COOPERATIVE OF PO BOX 2021 0045 SURFSIDE RD NANTUCKET NANTUCKET MA 02584 0067 00151 ANDRACCHIO ANTHONY P PO BOX 2186 0038 SURFSIDE RD 0038 SURFSIDE RD NANTUCKET P'A 02584 0057 0015 W B B 0 INC PO BOX 254 9 0040 SURFSIDE RD NANTUCKET MA 02584 0067 0399 YANKOW KEITH M TP.USTEE PO EOX 675 C018 FILOT WHALE DR PILOT WHALE NOMINEE TRUST NANTUCKET MA 02554 0067 01171 KASCHULUK JEFFP.EY PO BOX 2890 0018 BOYNTOtJ LN NANTUCKET MA 02584 0067 01172 KASCHULUK JEFFREY TR PO BOX 289C 0016 BOYNTON LN NANTICUT REALTY TRUST NANTUCKET ttA 02584 0067 01175 *MANCHESTER G"GORGE R PO EOX 47 0012 BOYNTON LN ~ n~l'r,~.i!~ ~'~t~11% ~~~- 3 NANTUCKET MA G2554 0067 01179 BOYNTON ANDREW C B 61 VESTAL ST 0008 BOYNTON LN BOYNTON BUILDERS INC NANTUCKET MA 02554 0067 01178 FISHER SUSAN J PO BOX 2103 0006 EOYNTON LN NANTUCKET MA 02584 0067 01177 BOYNTON ANDREW C & PETER H 61 VESTAL ST 0004 BOYNTON LN NANTUCKET MA 02554 0067 01174 BOYNTON ANDREW C E PETER H 61 VESTAL ST 0002 BOYNTON LN NANTUCKET t'~A G25~4 0067 01181 MANDELL SEYMOUR & MIRIAM G 17 UNION ST G007 WINDY WY NANTUCKET MA 02554 C067 0447 BACHMAN MICHAEL S TRUSTEE PO BOX 954 005A WINDY WY AUGUSTUS SHANNON REALTY TRUST NANTUCKET MA 02554 0067 0448 BACHMAN MICHAEL S TRUSTEE PO BOX 954 0058 WINDY WY AUGUSTUS SHANNON REALTY TRUST NANTUCKET MA 02554 0067 0449 BACHMAN MICHAEL S TRUSTEE PO BOX 954 005C WINDY WY AUGUSTUS SHANNON REALTY TRUST NANTUCKET MA 02554 0067 0450 BACHMAN MICHAEL S TRUSTEE PO BOX 954 005D WINDY 4)Y AUGUSTUS SHANNON REALTY TRUST NANTUCKET MA 02554 0067 0451 MAURY CHRISTOPHER L 0003 WINDY WAY 003A WINDY WY NANTUCKET MA 02554 0067 0452 MAURY CHRISTOPHER 0003 WINDY WAY 0036 WINDY WY NANTUCKET MA 02554 0067 0453 *IMMESOETE JULIE K 3C WINDY WAY 003C WINDY WY NANTUCKET MA 02554 0067 04531 LAFLEUR SHELLY D 57 PROSPECT ST 003D WINDY WY NANTUCKET MA 02554 0067 01187 RUSTAD BINTH PO BOX 656 0006 WINDY h'Y NANTUCKET MA 02554 0067 01186 REIS PRISCILLA 4 t1ILLBR00K RD 0004 WINDY WY NANTUCKET MA 02554 PAGE i MUAS750 9.1 01/26/99 TOWN OF NANTUC<ET 15:24:13 GWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Moiling Address/City State Zip Property Location 0067 01185 MCATEE LAWRENCE C TRUS"iEE 164 ASHLEY LAfrE 0002 WINDY WY MCATEE NOMINEE TRUST MIDDLE60ROUGH MA 02346 0067 0218 REIS MYLES M & PRISCILLA L PO BOX 113 G057 SURFSIDE RD NANTUCKET MA 02554 0067 01204 DIAS M FRANCIS & ELAINE 0050 SURFSIDE RD 0048 SURFSIDE RD NANTUCKET MA 02554 0067 C1203 WIEMANN JAMES 8 0046 SURFSIDE RD 0046 SURFSIDE RD NANTUCKET MA 02554 0067 0398 YANKOW KEITH M TRUSTEE PO BOX 675 0014 PILOT WHALE DR PIL07 WHALE NOMINEE TRUST NANTUCKET "A 02554 0067 0119 ISLAND MANAGEMENT INC BOX 2549 0044 SURFSIDE RD NANTUCKET N:A 02584 PAGE 2 MUAS750 9.i NUMBER GF RECORDS = 3Z Ms. Ann Marcia Wasserman Mr. Leonard M. Campanale Nanutcket Aella Ltd.. Inc. P.O. Box 456 P.O. Box 105 c/o John P. Dooley, Jr. Nantucket, MA 02554 Siasconset, MA 02564 4 Bartlett Road Nantucket. MA 02554 Parents Cooperative of Nantucket Mr. Anthony P. Andracchio W.B.B.O.. Inc. P.O. Box 2021 P.O. Box 2186 P.O. Box 2549 Nantucket, MA 02584 Nantucket, MA 02584 Nantucket, MA 02584 Mr. Keith M. Yankow, Trustee Mr. Jeffrey Kaschuluk Mr. George R. Manchester Pilot Whale Nominee Trust P.O. Box 2890 P.O. Box 47 P.O. Box 675 Nantucket, MA 02584 Nantucket, MA 02554 Nantucket, MA 02554 Mr. Andrew C. Boynton Ms. Susan J. Fisher Mr. and Mrs. Seymour Mandell Mr. Peter H. Boynton P.O. Box 2103 17 Union Street 61 Vestal Street Nantucket, MA 02584 Nantucket, MA 02554 Nantucket, MA 02554 Mr. Michael S. Bachman. Trustee Mr. Christopher L. Maury Ms. Julie K. Immesoete Augustus Shannon Realty Trust 3 Windy Way 3c Windy Way P.O. Box 954 Nantucket, MA 02554 Nantucket, MA 02554 Nantucket, MA 02554 Ms. Shelly D. LaFleur Mr. Binth Rustad Ms. Priscilla Reis 57 Prospect Street P.O. Box 656 4 Millbrook Road Nantucket. MA 02554 Nantucket, MA 02554 Nantucket, MA 02SS4 Mr. Lawrence D. McAtee, Trustee Mr. and Mrs. Myles M. Reis Mr. and Mrs. M. Francis Dias McAtee Nominee Trust P.O. Box 113 50 Surfside Road 164 Ashley Lane Nantucket, MA 02554 Nantucket, MA 02554 Middleborough, MA 02346 Mr. James B. Wiemann Island Management, In. 46 Surfside Road P. O. Box 2549 Nantucket, MA 02554 Nantucket, MA 02584 ATTORNEY AT LAW 4 BARTLETT ROAD P.O. BOX 2567 NANTUCKET, MASSACHUSETTS 02584 FAX (508J 228-7526 February 9, 1999 Ms. Catherine Stover, Town Clerk Town and County Building 16 Broad Street Nantucket, MA 02554 RE: Application to the Board of Appeals Applicant: SM & MS Nominee Trust Property: 1 Windy Way, Nantucket, MA Map: 66, Parcel: 118.4 Dear Ms. Stover: TELEPHONE [508) 228-7525 Please certify the date and time of filing of the attached Board of Appeals Application on the enclosed copy of this letter. Thank you for your assistance. Very truly yours, ~~ lie A. Fitzgeral JAF/mhh Enclosure Received and entered: Catherine Stover, Town Clerk cc: Mr. Michael O'Reilly i~ECE~VE® TOWN CLERK'S OFFICE NANTUCKET, MA 02554 a~ °°. ~ 10 X999 ~"IME.___~;US U.11.t• 1T~S~ uLERK;. fi. ~o _ ~~ ~ T ATTORNEY AT LAW 4 BARTLETT ROAD P.O. BOX 2567 NANTUCKET, MASSACHUSETTS 02584 FAX (508] 228-7526 IN HAND February 9, 1999 Mr. Dale W. Waine, Chairman Board of Appeals 37 Washington Street Nantucket, MA 02554 RE: Application of: SM & MS Nominee Trust Property: 1 Windy Way Map: 67 Parcel: 118.4 Dear Mr. Waine: Enclosed for filing, please find the following: 1. Application plus three (3) copies; 2. Certified Abutter's List plus three (3) copies; 3. Four (4) copies of a Site Plan; 4. Four (4) copies of a proposed "Master Deed" Floor Plan; 5. Four (4) copies of Board of Appeals Decision 040-86; 6. Four (4) copies of Board of Appeals Decision 042-98; 7. Two (2) sets of Mailing Labels; and 8. Check in the amount of $200.00. Please schedule this matter for hearing on March 12, 1999. Very trul yours, u 'e A. Fitzgeral J F/kmf nclosures TELEPHONE (508) 228-7525 cc: Catherine Stover, Town Clerk Mr. Michael O'Reilly BoA Form 1-89 NANTUCKET ZONING IIOARD OF APPEALS February 9, 1999 TOF7N AND COUNTY BUILDING Date NANTUCKET, HA 0255 CASE No. -_ APPLICATION FOR RELIEY o.~ner's name(s): Michael C. O'Reill and Ro ers W. Cabot, Jr. Trustees of SM & MS Nominee Trust UDT 6/4 98 recorded at Book 579, ppa 2 Mailing address: P 0 Box 1436 Nantucket. MA ~15~ Applicant's name: t'.e. i l i ng address ~. L,ccation of lot: Assessor's map and parcel number 67_- 118.4 6 Street address: 1 Windv Wav. Unit 1 Registry Land Ct Plan, Plan Bk & Pg or Plan File ZO/65 Lot 8 I. Date lot acquired: ~~ 98 Deed Ref 579,138 .Zoning district RC-2 4-commercial office Uses _on_;lot - commercial: t7one or, 2-commercial offices or renta~gCD?_ - number of: dwellings- duplex- apartments-- rental rooms- Building date(s): all pre-II/72? no ;or _ C of: 0?_ T Buildiig Permit appl'n. Nos. yy Cased Nos, all BoA a ~ lications lawsuits: 040-8~, 042-9~ ~ `r' P~ State fully all zoni~nc~ relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds xoulurge 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 exaend a noncon~o~ming use). If appeal per 139-3~A B I ~i attach decision or orderss appealed. OK to a tack addendum . ij1 j it ~ '~i i' I ~I ~ ;, 'y. ~~~~ ~I, i ~~ ~~ ,. ;~ ,~ ~, See ~ddq~rdum attached hereto. I I t' ~! ~ I1 ~ ;~ f ~: ~i~~ - ~ ~:I ~~ li Items enclosed as part of this Application: orders X' addendum2~_ Locus map X Site plan X showing present X `+planne g structures Floor plans present x proposed-elevations no (HDC aapproved? ) Listings lot area X frontage X setbacks g`GCR~~Ipark ng data Assessor-certified addressee moist 4 sets X ma~ling'labels 2'sets g X5200 fee payable to Town of NantucketX proof 'cap' covenant `(If an appeal, ask Town Clerk to send B1dg,Comr s record totBoA.) I certify that the requested informatipn submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. ~ ~ '~ ~ SIGNATURE: '~~~~ ,Q. -~/6Ql~l~l~ I Applicant,. Attorney/agent X i ~ - 3(If not owner or owner's attorne enclose 1 y, proof of authority) ~ ~ id F It FOR BoA OFFICE USE j Application copies re e d: 4 or for BoA on I b ~ - _~.-/- Y one copy filed with Town Clerk on-/~_ by complete7_ One copy each to Planning Bd and Building Dept_~_/_ by $200 fee check given Town Treasurer on-/~_ by ~ waived?_ Hearing notice posted~_J_ mailed-/-/- I & M_/~_, ~~_ Hearing(s) on~_/_ cont'd to ~ withdrawn? r Decision due by_~_J_ made-/_/_ filed '1'C_/_~~ mailed~_/_ See related cases lawsuits other r I i !~ '~~ ADDENDUM Applicant seeks a modification of prior Special Permits 040-86 and 042- 98 to allow the use of the second floor of Unit 1 of the One Windy Way Condominium as two (2) office spaces. Two (2) office spaces were approved in the 1986 Special Permit. This was modified in the 1998 Special Permit which required that the second floor of Unit 1 be limited to one dwelling unit with the conversion to take place by January 15, 1999. The Applicant has not been able to obtain a Building Permit for a dwelling unit due to the Building Cap limitation. The parking calculations are set forth on the attached sheet. To the extent necessary the Applicant seeks relief for one (1) parking space pursuant to Section 139-186(4). To the extent necessary the Applicant requests special permit relief pursuant to Section 139-20 for a waiver of the Off Street Loading Facilities. The property is located at 1 Windy Way, Unit 1, Map 67, Parcel 118.4, and is zoned Residential-Commercial 2. ~ cn. p (q _~ m ~ ~ n v ~' ~ cD O cn ~ ~ ~~ _. ~ ~ ~ ~ c , Q~ ~~ rn ~ N ~D 0 1 m~~~ ~ 'ic ~ ~ ~ c ~ ocn v~~ ~ _v~"" (D ' Q- ~v -~ N ~.~ ~ _ _ CD O ~ O O CD O ~ ~ • (D O ~ D '-' O ^ Q ( N ~ C ~ ~ to .A ~ cQ CD ~ ~ . (D ~ o~~ O ~ ~ I T Z cD ~? rn ~ N =~ -' _ O r ' ~ _ ~-+ c Q ~ N '" CD ~I ~ ~ W (~ ~ 00 ~ '-' Ui ~ CO ~ 00 .~ T ~'~~ ~ W ~ <p ~ ~ ~ ~~ ~ ~W ~' o o .~ ~, Qo crtn .~ O D Q ~ c~ 0 0 i I I 1 m~~~D I 1 ~ `~~ 1 ~ 1 I fDm ~ ? ~ o N ~ O ~ ~ 0 ~ O ~ ~ ~ ~ cD ~ ~ cD ~ ~ ~ ~ O cQ Q- ~ (~ C~ VOi ~ ~ CQ t~ ~ CJi Cn (D (D -n N c ~ Z n O~ o ~ ~ ~ N O ~ '~ ~ ~ Oo c~ cOD O ~ ~ ~ U7 r: cn (D n ~ ~ ~ ~ ~ O 7 ~ .Q v C ~~ v (D ~ N~~_: ~rs ~ ~~~ D ~_ Z G~ v D D REF.: CH pp, 41~~~~ISEC.:.~81-% G.L. I CER TIFY~ 7HAT:TNEk~'aQPERTY LINES SHOWN GN THIS PLAN ~ 7{NES''DI~IDING E%ISTING O WNERSHIP$!;` , C.1-L1NE5 .OF THE STREETS AND WAYS~.g{THOSE'OF PUBUC OR PRIVATE STREE79+Oii!'~WAYS ALREADY ESTABLISHED AND THAT NO:'NEW~UNE$ FOR DIVISION OF ExISTING OWNERSHIP OR FORNEW WAYS ARE SHOWN_ PROFESSIONAL LAND SURVEYOR D:IE UN~~ ~ aEP .. C~MMCh P RESERVED FOR REGISTRY USE ONLY REFERENCE: DEED REF.: BK. 207 PG. 53 PLAN REF.: PL.BK. 20. PG. 65 (LOT 8) ASSESSORS REF.: u AP: 67 PARCEL: 118.a ZONING CIASSIFICAT10N DISTRICT: RC 2 = RESIDENTIAL COMMERCIAL 2 MINIMUM LOT SIZE 5,000 Sq. FT. MINIMUM FRONTAGE = 40 Ft. FRONT YARD SETBACK = 20 FT. REAR be SLOE LINE SETBACK = 5 FT. MAX. GROUND COVER RATIO = SOZ \ A5~ e~ ~gwlF a `- _.ctOPHE COMMON STAIRS 6 N ~F PEZE PNOa~,~ go,~Nto" U~tt 2 ~D COMMON paF, pN 6g 15 OC aCSta\G W A`~ ~1~~~ ~~s 5 6, NIF Bpap M 6 pF JOHN G ~ pS\~~ P 'I HEREBY CERTIFY THAT THIS PLAN FULLY AND ACCURATELY DEPICTS THE LOCATION ANO DIMENSIONS OF THE BUILDINGS AS BUILT AND FULLY LISTS THE UNITS CONTAINED IN t WINDY WAY CONDOMINIUM AS BVILT.~ E PROFESSIONAL LAND SURVEYOR DATE I HEREBY CERTIFY THAT THIS PLAN HAS BEEN vREPARED IN ACCORDANCE W1TH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMUONWEALTH OF uASSACHUSETTS.' \ ~ 4 ~~ `N q4 69 25 `_ ,% ~~ ~' o s i; I ~I Q a w' I Y ~ (~ ¢l ~ I ~ I k Iti 4 (/'~ V I I \ ~ I ~ ((~. ~'LI UP N7/4 cR /r»i FND NANTUCKET RE~I8TRY OF DEEDB o~l~ Tkn< - Plon BK. PG. Plon File Attest Register 10 FT WIDE PARKING EASEMENT (REFERENCE DEED BOOK 346, PAGE 337) 5 ADDITIONAL PARKING SPACES ARE LOCATED OFF SITE AS PER NANTUCKET ZONING BOARD OF APPEALS DEGSION a0 OF 1986, SPECIAL PERMIT DATED 7/8/96. RECORDED W1TH THE TOWN OF NANTUCKET REGISTER CF DEEDS (BOOK 252. PACE 123). PROGRESS PR~~~°~ DATE: CONDOMINIUM PLAN OF /J1 WINDY WAY IN NANTUCKET, MA 02554 SOLE: I" = 20' DATE: JAN. 30, 7998 NAN~iUCKE7 SURVEYORS INC. 5 WINDY WAY vROFES90NAL LAND SURVEYOR DATE NANTUCKET, MA 02554 O -~ O z °n ~ ~ n n N O J L~ Z O U W r~ ~ Z ~ ~ s~ O O p O Z O U b a> >- C '~ ~- r a~ -- v, z ~~ BUAIZD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MAY 30, 1986 at 12:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of PHILLIPS G. AVERY, FOR HIMSELF AND OWNER BUSKIN, INC. (OGO-86) address, 21 Meadow View Drive, Nantucket. 1. Applicants seek a VARIANCE from the parking and screening requirements of Zoning By-Law SECTION 139-18 associated with a recently completed addition to a commercl,al building. The premises are located at 1 WINDY WAY, Assessor's Parcel 11.$.4, Lot 8, Plan Book 20, Page 65 and zoned RESIDENTIAL-COMMERCIAL-2. 2. Based upon the Application papers, viewings and plans (marked "Exhibit 1"), release, easement, deed, representations and testimony received at our hearings of May 2 and 30, 1986, we find that Applicants' completed addition is not yet occupied, to the extent required off-street parking has been unavailable. The addition was undertaken in goad faith pursuant to a Building Permit. At Lhe time of applying and obtaining the permit, no question was raised by .the prior Building Inspector of meeting the parking requirements. No parking plan was asked or filed. 3. As completed, the building when-fully occupied should have the Following off-street parking spaces ("OSPS"): llSE Retail and office space - One dwelling unit (912 SF Employees - Video House i3nemployment Framing store OSPS 2448 SF 12 apt.) 1 1 office 1 or other 1 16~ *said to total 14 per recent Building Inspector reckoning, ~' Zp 3nt+d Nh1I 3S~ION S1ci3fi0b 9bEb-5Z6-605- l Zt = IZ 856 i /C1Z /Z0 (~40-a6) -z- 4. Due to the scale and siting of the structure and provision of deck or walkways, no more than 10 OSPS can be accommodated on the pre- mises fully complying with Section 139-18C. Applicant has made reasonable provision by the Easement and Release, repectively, for S off-lot spaces on Assessor's Parcel .119 and 2 parallel spaces on Applicants' Windy Way frontage.The Easement provides reciprocally for daytime and night- time uses Framed by 6:00 a.m. and 6:00 p.m., appropriate to respective business needs. The Release, entered into by the other Windy Way abutters, gives Applicant unencumbered use of approximately 74 feet of frontage 10 feet wide for parking off the lot along its southerly Line. S. Applicant undertakes, as conditions for issuance of the vari- ance, to record the Easement and Release in the Registry against his deed, also to define the required vehicle entry from Windy Way onto his lot with width not greater than 24 feet. For example, railroad ties or land- scaping timbers may be used to channel traffic without impeding a driver's view. Two parking spaces end-to~end near the westerly lot line are to be delineated along with the 10 also on the premises, per Exhibit 1 parking plan (the two being subject to blockage by a vehicle in the nearest one of the ten spaces and so best used daylong by an employee or owner). 6. A further condition is imposed modifying the screening re- quirements of Section 139-18F (1)(b), in the light of (d) calling for a safe and unobstructed view of traffic. The Surfside bike path runs along Applicants' easterly lot line paralleling the length of their=coavent3onal split rail fence. This path is crossed by traffic leaving the premises via Windy Way just prior to reaching Che Surfside Road. Applicants under- take to carry the fence one rail-section Length up Windy Way (generally where a road-closing gate now hangs when open) and to plant and maintain vines of other appropriate vegetation along the existing and new fence sections to provide reasonable screening without obstructing view over the fence. ~G ~n~,a NIvI 3SOOH S1~380d 9bEt-5Z£-80S-i Zb~IT ~~5t~~~/ZH (040-86) -3- 7. Because of the topography occasioned by building structure in relation Co Lot bounds and the hardship of unoccupied commercial space pending parking relief, we find that relief by variance would be support- able upon the conditions noted. However, we strongly favor the actual provision of parking spaces•on and off the lot, of the required number. in harmony with the general purpose and intent of the zoning chaptez, ensured by the foregoing conditions, we prefer granting to Applicants a SPECIAL PERMIT under Section 139-18E allowing use of the seven off--site parking spaces of meet that protion of the total parking space require- ment corresponding to the proposed use or uses made of the premises. 8. Accordingly, by UNANIMOUS vote, this Board GRANTS to Applicants such SPECIAL PERMIT under SECTION 139-18E subject to the conditions noted above. Dated: June 17, 1986 Nantucket, MA 02554 '~9i~. William R. Sherman /(X ~ ~iL~ Dorothy VoLlans C. Marshall Be le ~, ~~ 3~hd hJNI 3S!l~H S1d380~1 9r0ti-SSE-B9S-Z Zr~ZT. 85bT%C~~/Z.0 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 67 Parcel 118.4 R-C-2 1 Windy Way Unit No. 1 Plan Book 20, Page 65, Lot 8 Deed Ref. 201/53 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, April 10, 1998, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of BUSKIN, INC. FOR ITSELF AS OWNER AND FOR SM & MS NOMINEE TRUST, CONTRACT PURCHASER, of 21 Meadowview Drive, Nantucket, MA 02554, and c/o P.O. Box 1436, Nantucket, MA 02554, respectively, Board of Appeals File No. 042-98, the Board made the following Decision: 1. Applicant (SM & MS NT) is seeking a MODIFICATION of a SPECIAL PERMIT granted in a Board of Appeals Decision in File No. 040-86 in order to convert office space to a take-out food establishment with one (1) service station and four (4) seats and to convert second floor office space of Unit No. 1 to a dwelling unit. Accordingly, Applicant seeks relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(o) to allow use of Unit No. 1, located on the first floor easterly side of the existing structure, as a take-out food establishment as described above. In addition/in the alternative, and to the extent necessary, Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B(4) to waive up to 30% of the required parking spaces to enable the conversions as proposed. In the alternative, relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-18(1) to validate the five (5) off-site parking spaces as previously approved in File No 040-86. Further, to the extent necessary, Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-20C for a waiver of the 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made a favorable recommendation subject to several conditions which are incorporated into the Board's Decision as part of the grant of relief. There was one (1) letter from a lessee of a neighboring property, in opposition to the proposed plan, stating that mo waiver of parking should be granted. Three (3) abutters were present at the Hearing speaking in opposition. Concerns expressed related primarily to parking issues. One (1) Windy Way abutter stated that parking on the Way was already a problem with vehicles from the commercial establishment across Surfside Road using his lot for "spill-over" parking. Two (2) abutters on nearby Boynton Lane also expressed concerns about the same issue, with one (1) further stating that the proposed use was inappropriate in the subject building and would not contribute to the upgrading of the area. 3. Applicant, through counsel, represented that the structure had been separated into two (2) condominium units, with Applicants under contract to purchase Unit No. 1 which was located in the easterly portion of the structure. The uses in Unit No. 2 were one (1) dwelling unit, one (1) retail unit (currently a barber shop), and one (1) office space (currently used by a kitchen and bath business), requiring a total of seven (7) parking spaces. The existing uses in Unit No. 1 related to office/retail businesses with a parking requirement of ten (10) spaces. The total number of parking spaces required in the BOA Decision in File No. 040-86 was seventeen (17). With a re-allocation of space within Unit No. 1, the total number of parking spaces required with the conversion of a portion of first-floor space to a take-out food establishment would continue to be seventeen (17). While proposing to continue to maintain the two (2) off-site parking spaces that were located in the Way, Applicant preferred to have the five (5) off-site parking spaces, located on the commercial lot across Surfside Road and required in the previous Decision, waived under this Application to minimize problems with the specific allocation and delineation of the spaces on that lot. There would be one (1) take-out station with four (4) interior seats and up to four (4) employees at peak shift. Unit No. 1 would also contain one (1) second-floor 325± square-foot dwelling unit, one (1) first-floor 227+ retail/office space and one (1) separate office space on the second floor. In response to concerns expressed by the Board Applicant agreed to remove any office uses from the second floor of Unit No. 1 and provide one (1) dwelling unit only in said space, restrict the on-site parking of commercial vehicle of any tenants in either unit, to one (1), limit the hours and monitor the parking situation. 4. Therefore, the Board finds that the proposed take-out food establishment use is allowed by Special Permit in this zoning district and that the site, with the maintenance of the seven (7) off-site parking spaces as required in the Decision in BOA File No. 040-86, contains adequate parking as required under the By-Law for the proposed uses in the building. The grant of relief by Special Permit to allow the conversion of a portion of the first-floor space to said use would be in harmony with the general purposes and intent of the By-Law and would not be substantially more detrimental to the neighborhood., with the Locus being situated in a substantially commercially developed area. The grant of a waiver of the loading zone by Special Permit would also be in harmony with the general purposes and intent of the By-Law as there is adequate one-site area in which to unload goods without impeding circulation on Windy Way or adjacent streets. The Board notes that the loading zone issue was not addressed in the previous Decision and needed to be brought before the Board at this time to validate the existing situation. As to a waiver of parking spaces, the Board finds that it would be preferable to maintain the seven (7) off-site parking spaces rather than eliminate them and require the Applicant to maintain the parking area as specified in the Decision in BOA File No. 040-86, i.e., ten (10) on-site and seven (7) off-site parking spaces, with two (2) in Windy Way and five (5) designated across Surfside Road on land shown on Assessor's Map 67, Parcel 120.3 and/or Parcel 119. 5. Accordingly, the Board, by a unanimous vote, GRANTS the requested MODIFICATION of the BOA Decision in File No. 040-86 and a SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(o) to convert existing office/retail space to a take-out food establishment, and a SPECIAL PERMIT under Nantucket Zoning By-Law §139-20C, waiving the loading zone requirement. In addition, the Board validates the parking plan as specified in the Decision in BOA File No. 040-86, i.e., ten (10) on-site parking spaces, two (2) off-site parking spaces in Windy Way, proximate the Locus, and five (5) off-site parking spaces, situated across Surfside Road, on either one (1) or both lots shown on Assessor's Map 67, Parcels 120.3 and 119, on the following conditions: a. The use of the second floor of Unit No. 1 shall be limited to one (1) dwelling unit as a condition of the grant of relief for the use of the first-floor as a take-out food establishment, with said conversion to one (1) dwelling unit from office space, to occur by January 15, 1999; b. There shall be one (1) take-out station and a maximum of four (4) seats in the take-out food establishment on the first floor of Unit No. 1; c. The hours that the take-out food establishment in Unit No. 1 shall be open to the public shall be no earlier than 10:00 A.M. and no later than 9:00 P.M. on any given day; d. As it pertains to both Unit No. 1 and Unit No. 2, there shall be no more than one (1) commercial vehicle, that is used in conjunction with a commercial business operating in the building, on-site at any given time; e. All landscaping required under BOA Decision in File No. 040-86 shall be continued and maintained; f. The Applicant shall maintain crossing lines on Surfside Road; g. Parking control lines shall be delineated and maintained within the 10-vehicle parking area on the Lot; h. The Applicant shall provide a trash receptacle adjacent to the Surfside Road frontage and be responsible for its maintenance; and i. Up to the total of five (5) off-site parking spaces across Surfside Road, shall be occupied by employees, residential tenants and additional commercial vehicles associated with the commercial uses in the subject property. Dated: June ~ 1998 /~~ ~~ ~ ~ /'// 1 Da e W. aine Linda Timothy Madden TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: June ~ 1998 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 042-98 Owner/Applicant: BUSKIN, INC., FOR ITSELF AS OWNER AND FOR SM & MS NOMINEE TRUST, CONTRACT PURCHASER 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. W. Waine - Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. I~G i'or:;~ r 2-89 NANTUC.;T:T ZONING BOARD OF APPEALS ~l'Gi4N AND COUNTY BUILDING . NANTIICRET, MA 02559 • ~~% -• • ASSESSOR'S LIST OF PARTIES IN INTEREST • ~ '~ ti ~~ ~ ° 3 N ~ e - ~S,r~ ~ ~ls ~om~~ ~ ~ ~N _ Trzur~) a ~ o , f OWNER: (.G.S PROPERTY I~ l w , `~ m¢ N Q -~ APPLICANT FOR RELIEF (SAME? ) : '~ r>-~~ "w w ~~~~~ ADDRESS• OF PROPERTY: ~ w~ ? ASSESSOR'S MAP - PARCEL: ~_- l~~'.~ 0, ~ z ~ ¢ m z LIST~OF PARTIES INCLUDING ADDRESSES*(OR SEE ATTACHED )• v 11StS " I certify.~~that ;the foregoing (or the attached ) all ~nerso_ns.;:: natural or legal, who are owners ofyabublicg property.; ~ Downers of 'land directly opposite on an p 'or private'~street or way; and abutters of the abutters and all other land owners within three hundred feet of the property line of Owner's property, as they (and their address) appear on the most recent applicable tax list [per M.G.L. c.40A, Section 11 and Zona.ng Code Chapter 139, Section 139-29D(2) ] . ~~ ~ ~~ ~ ~ Date Assessors Town of Nantuc et .C FFiL L *NOTE••Applicant (petitioner)~should include with the lot for which zoning relief is sought, any commonly-owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. 01/26/99 TOWN OF NANTUCKET 15:24:13 CWN ER'S MAILING ADDRESS LIST Map Bloc!c Lot Gwner's/Co-Owner's Name Mai ling Address/ City State Zip Property Location 0067 00145 WASSERMAN ANN MARCIA PO BOX 456 0019 BOYNTON LN NANTUCKET MA 02554 0067 00147 WASSERMAN ANN MARCIA PO BOX 456 0017 BOYNTON LN NANTUCKET MA 02554 0067 00142 CAMPANALE LEONARD M PO BOX 105 0006 BARTLETT RD SIASCONSET MA 02564 0067 0014 NANTUCKET AELLA LT0 INC 0004 BARTLETT R D 0004 BARTLETT RD C/0 DOOLEY JOHN P JR NANTUCKET `.A 02554 0067 00144 PARENTS COOPERATIVE OF PO BOX 2021 0045 SURFSIDE RD NANTUCKET NANTUCKET MA 02584 0067 00151 ANDRACCHIO ANTHONY P PO BOX 2186 0038 SURFSIDE RD 0038 SURFSIDE RD NANTUCKET PtA 02584 0057 0015 td B B 0 INC PO BOX 2549 0040 SURFSIDE RD NANTUCKET MA 02584 0067 0399 YANKOW KEITH M TP.USTEE PO BOX 675 0018 PILOT WHALE DR PILOT WHALE NOMINEE TRUST NANTUCKET MA 02554 0067 01171 KASCHULUK JEFFP.EY PO BOX 2890 0018 BOYNTON LN NANTUCKET MA 02584 0067 01172 KASCHULUK JEFFREY TR PO BOX 2890 0016 BOYNTON LN NANTICUT REALTY TRUST NANTUCKET t•1A 02584 0067 01175 *MANCHESTER GEORGE R FO EOX 47 0012 BOYNTON LN ~ ntlv;~.~~ ZiN~ ~~~.~ NANTUCKET MA G2554 0067 Y 01179 BOYNTON ANDREW C & 61 VESTAL ST 0008 BOYNTON LN BOYNTON BUILDERS INC NANTUCKET MA 02554 0067 01178 FISHER SUSAN J FO BOX 2103 0006 EOYNTON LN NANTUCKET MA 02584 0067 01177 BOYNTON ANDREW C & PETER H 61 l'ESTAL ST 0004 BOYNTON LN NANTUCKET MA 0255=. 0067 01174 ?OYNTON ANDREW C & PETER ti 61 VESTAL ST 0002 BOYNTON LN NANTUCKET MA G2:~4 0067 01181 MANDELL SEYMOUR & MIRIAM G 17 UNION ST G007 WINDY WY NANTUCKET MA 02554 C067 0447 BACHMAN MICHAEL S TRUSTEE PO BOX 954 005A WINDY WY AUGUSTUS SHANNON REALTY TRUS"i NANTUCKET MA 02554 0067 0448 BACHMAN MICHAEL S TRUSTEE PO BOX 954 0058 WINDY WY AUGUSTUS SHANNON REALTY TRUST NANTUCKET MA 02554 0067 0449 BACHMAN MICHAEL S TRUSTEE PO BOX 954 005C WINDY WY AUGUSTUS SHANNON REALTY TRUST NANTUCKET MA 02554 0067 0450 BACHMAN MICHAEL S TRUSTEE PO BOX 954 005D WINDY WY AUGUSTUS SHANNON REALTY TRUST NANTUCKET MA 02554 0067 0451 MAURY CHRISTOPHER L 0003 WINDY WAY C03A WINDY WY NANTUCKET MA 0255. 0067 0452 MAURY CHRISTOPHER L 0003 WINDY WAY 0036 WINDY WY NANTUCKET MA 02554 0067 0453 *IMMESOETE JULIE K 3C WINDY WAY 0030 WINDY WY NANTUCKET MA 02554 0067 04531 LAFLEUR SHELLY D 57 PROSPECT ST 0030 WINDY WY NANTUCKET MA 02554 0067 01187 RUSTAD BINTH PO BOX 656 0006 WINDY WY NANTUCKET MA 02554 0067 01186 REIS PRISCILLA 4 MILLBROOK RD 0004 WINDY WY NANTUCKET MA 02554 PAGE i MUAS750 9.1 01/26/99 ?OtJN OF NANTUCKET 15:24:13 GWNER'S MAILING ADDRESS LIST Map Bloc.l• Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Prcperty Location 0067 01185 MCATEE LAl•JRENCE D TRUSTEE 164 ASHLEY LAt+"c 0002 WINDY WY MCATEE NOMINEE TRUST MIDDLE50R0'JGH MA 02346 0067 0218 REIS MYLES M & PRISCILLA L PO 50X 113 G057 SURFSIDE RD NANTUCKET MA 02554 0067 01204 DIAS M FRANCIS & ELAINE 0050 SURFSIDE RD 0048 SURFSIDE RD NANTUCKET MA 02554 OG67 01203 WIEMANN JAMES B 00=.6 SURFSIDE RD 0046 SURFSIDE RD NANTUCKET MA 02554 0067 0398 YANKOW KEITH M TRUSTEE PO BOX 675 0014 PILOT WHALE DR PILOT WHALE NOMINEE TRUST NANTUCKET MA 02554 0067 0119 ISLAND MANAGEMENT INC 5CX 2549 0044 SURFSIDE RD NANTUCKET N:A 02584 PAGE 2 MUAS750 9.i NUMBER GF RECORDS = 32 Ms. Ann Marcia Wasserman Mr. Leonard M. Campanale Nanutcket Aella Ltd., Inc. P.O. Box 456 P.O. Box 105 c/o John P. Dooley, Jr. Nantucket, MA 02554 Siasconset, MA 02564 4 Bartlett Road Nantucket, MA 02554 Parents Cooperative of Nantucket Mr. Anthony P. Andracchio W.B.B.O., Inc. P.O. Box 2021 P.O. Box 2186 P.O. Box 2549 Nantucket, MA 02584 Nantucket, MA 02584 Nantucket, MA 02584 Mr. Keith M. Yankow, Trustee Mr. Jeffrey Kaschuluk Mr. George R. Manchester Pilot Whale Nominee Trust P.O. Box 2890 P.O. Box 47 P.O. Box 675 Nantucket, MA 02584 Nantucket, MA 02554 Nantucket, MA 02554 Mr. Andrew C. Boynton Ms. Susan J. Fisher Mr. and Mrs. Seymour Mandell Mr. Peter H. Boynton P.O. Box 2103 17 Union Street 61 Vestal Street Nantucket, MA 02584 Nantucket, MA 02554 Nantucket, MA 02554 Mr. Michael S. Bachman, Trustee Mr. Christopher L. Ma;iry Ms. Julie K. Immesoete Augustus Shannon Realty Trust 3 Windy Way 3c Windy Way P.O. Box 954 Nantucket, MA 02554 Nantucket. MA 02554 Nantucket, MA 02554 Ms. Shelly D. LaFleur Mr. Binth Rustad Ms. Priscilla Reis 57 Prospect Street P.O. Box 656 4 Millbrook Road Nantucket, MA 02554 Nantucket, MA 02554 Nantucket_ MA 02554 Mr. Lawrence D. McAtee, Trustee Mr. and Mrs. Myles M. Reis Mr. and Mrs. M. Francis Dias McAtee Nominee Trust P.O. Box 113 50 Surfside Road 164 Ashley Lane Nantucket, MA 02554 Nantucket, MA 02554 Middleborough, MA 02346 Mr. James B. Wie.,mann Island Management, In. 46 Surfside Road P. O. Box 2549 Nantucket, MA 02554 Nantucket, MA 02584