HomeMy WebLinkAbout074-98TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: August ~•~~ 1998
To: Parties
Decision of
following:
in Interest and. Others concerned with the
the BOARD OF APPEALS in the Application of the
Application No.:
074-98
Owner/Applicant: WILLIAM B. MATTESON AND MARILEE B.
MATTESON
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.
e ~,~v~~ -, ~ .~ ~`c~
Dale W. Waine Chairman
~~oo Pr,
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.
NANTUCKET ZONING BOARD OF APPEALS
37 Washington Street
Nantucket, Massachusetts 02554
106 Baxter Road, Siasconset Land Court Plan 9312-A
Assessor's Map 48, Parcel 39 Lot B
Certificate of Title No. 5889 Limited Use General-3
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, August 14, 1998, at 1:00 P.M., in the
Selectmen's Meeting Room, in the Town and County Building, Broad
Street, Nantucket, Massachusetts, the Board made the following
decision on the application of WILLIAM B. MATTESON and MARILEE B.
MATTESON, c/o Reade & Alger Professional Corporation, Post Office
Box 2669, Nantucket, Massachusetts 02584, File No. 074-98:
2. The Applicants request a VARIANCE from the Intensity
Regulations under Nantucket Zoning By-law §139-16.A (ground cover
ratio) in order to relocate a single-family dwelling with
existing ground cover of 2,361± square feet to the subject
property, having lot area of 20,424± square feet and now
containing a garage structure with ground cover of 673± square
feet, which would result in a ground cover ratio of 14.85±0. The
maximum ground cover allowed for an undersized lot in this zoning
district is the greater of 30 of lot area or 1,500 square feet.
The dwelling also has an elevation above mean grade of 33.2±
feet, with the maximum allowed under the By-law being 30 feet.
The subject property is nonconforming as to lot area, containing
20,424± square feet in a district in which minimum lot area is
120,000 square feet, and as to frontage, having frontage of
164.26± feet on Baxter Road, with minimum frontage in this
district being 200 feet; the lot is said to pre-exist the 1972
adoption of the Nantucket Zoning By-law as a lot of record in
separate ownership from all adjacent land. The existing garage
upon the subject property, said to pre-exist zoning requirements,
is nonconforming as to front yard setback, with setback of 15.0±
feet at its closest point from Baxter Road; minimum front yard
setback in this district being 35 feet. The applicants propose
to move the dwelling from their property directly across Baxter
Road (105 Baxter Road, Assessor's Parcel 48-15, Land Court Plan
9312-A, Lot A) to the subject property, representing that the
coastal bank on Parcel 48-15 is severely eroding. The applicants
have already relocated the structure on 109 Baxter Road into the
front yard setback area on that lot per relief granted in Board
of Appeals Case No. 091-88. The subject property (the "Locus")
is situated at 106 BAXTER ROAD, Assessor's Map 48, Parcel 39,
shown on Land Court Plan 9312-A as Lot B, and is zoned as Limited
Use General-3.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. There was no Planning Board
recommendation, the Planning Board determining that this
application presented no matter of planning concern. There was
no support nor opposition presented in person, by representation
or by correspondence at the public hearing.
4. As represented by the applicants, their property at 105
Baxter Road, situated in a Residential-2 zoning district, has
been affected by severe erosion, imperiling their dwelling which
is now situated about 42 feet from the top of the coastal bank.
As noted above, the applicants have previously relocated this
dwelling into the front yard setback on that lot, and there is
inadequate room for a further relocation thereon. Therefore,
they request relief by variance in order to relocate the dwelling
to the Locus, across Baxter Road, which now contains a garage,
and which is a undersized, pre-existing lot situated in the
Limited Use General-3 zoning district. At present the dwelling
conforms to ground cover requirements in the Residential-2 zoning
district, and has the benefit of relief granted by this Board in
Case No. 091-88 to exist in the front yard setback area on that
lot. However, the dwelling cannot conform to the 1,500 square
foot maximum ground cover permitted for a lot having the area of
the Locus in the LUG-3 district; its relocation will, as noted
above, result in ground cover upon the Locus of about 3,034
square feet, for a ratio of about 14.85%. Relief is further
needed because the dwelling has an elevation of about 33.2 feet
above mean grade, with 30 feet being the maximum in all
districts. This Board has historically been liberal in the
granting of relief for the relocation of structures on Baxter
`Road near Sankaty Head, because of the long-term trend of severe
erosion of the coastal bank in this area; relief was recently
granted for the relocation of a structure on the lot immediately
south of 105 Baxter Road to the lot immediately south of the
Locus, for the same reason (Case No. 010-98) The Board finds
that the relocation of structures close to this eroding coastal
bank is in the public interest. The dwelling, as relocated upon
the Locus, will conform to all setback requirements and will have
the same elevation above mean grade as it now does upon the 105
Baxter Road lot. The relocation of the dwelling as requested has
been approved by the Nantucket Historic District Commission.
5. Accordingly, by UNANIMOUS vote, the Board of Appeals
voted to grant relief by VARIANCE from the intensity and height
requirements of the Zoning By-law, upon the conditions
hereinafter set forth, to allow the relocation of the dwelling
from 105 Baxter Road to the Locus as requested, finding that due
to circumstances relating to soil conditions and topography of
the applicants' property, consisting of erosion of _the coastal
bank, and especially affecting the applicants' property and not
affecting generally the zoning districts in which the applicants'
property is situated, literal enforcement of the provisions of
the Nantucket Zoning By-law would result in a hardship to the
applicants, and that desirable relief as requested may be granted
without derogating from the purpose and intent of the By-law.
2
6. The relief hereby granted is upon the following
conditions:
(a) The relocation of the dwelling shall be performed
in substantial conformity with the plans approved by the Historic
District Commission under Certificate of Appropriateness No.
32668 and the ,revised sit plan at ac)~~ ll}}ex' o as ~~~b~t~~ ~~
G'(~.~~ Q /y-GV,e~/n~ ~vu~,~~c~/ ~ s' `T ~'~tJCIiL'~~~-~-" J~
(b) After relocation of the dwelling as hereby
authorized, no structure shall be constructed or maintained upon
the lot known as 105 Baxter Road (Assessor's Parcel 48-15, Land
Court Plan 9312-A, Lot A) without further relief having been
granted by the Board of Appeals. ~
Dated: August Z! 1998
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, nn~ X2554
AU G 2 1 1998
Linda F. Williams (~
William P. Hourih~ Jr.
., n
TIME:
S-~ D . e i
CLERK:_ ~'~
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Edward C. Murphy
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08/13/98 08:14 FA% 16176612550 DesignAssociates
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rchirecnrre Planning Historic Preserver+on
PROPOSED SITE PLAN
SCALE: 1/30" = i'-0"
THE MATTESON RESIDENCE
106 BAXTER ROAD
NANTUCKET, MA 02554
G.01 .98
~~02.98 DESIGN AS
8.06.98 1 ~/ C
8.1 3.98
432 Columbia S[reet
Cambridge
' Massachusetts
oztal
617 661 9082
Fax 617 66l 2550
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, AUGUST 14, 1998, in the CONFERENCE ROOM,
TOWN ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts,
on the Application of the following:
WILLIAM B. MATTESON AND MARILEE B. MATTESON
BOARD OF APPEALS FILE N0. 074-98
Applicants request a VARIANCE from the Intensity Regulations of
Nantucket Zoning By-Law §139-16A (ground cover ratio) in order to
relocate a said to be pre-existing single-family dwelling, with a
ground cover of 2,361+ square feet, to the Locus, which would result
in a ground cover ratio of 14.85+/. The maximum ground cover allowed
in this district is the greater of 3% or 1,500 square feet. The
dwelling has an elevation above mean grade of 33.2+ feet in a district
that allows a maximum height of 30 feet. The Locus is non-conforming
as to lot size, with the Lot having an area of 20,424+ square feet in
a district that requires a minimum lot size of 120,000 square feet; as
to frontage, with the Lot having a frontage of 164.26+ feet along
Baxter Road, in a district that requires a minimum frontage of 200
feet; and as to front yard setback, with the Locus currently
containing a 673+ square-foot garage structure that is sited 15.0+
feet at its closest point from the front yard lot line in a district
that requires a minimum setback of 35 feet. The garage structure will
be relocated upon the Locus. Applicants propose to move the structure
from their property directly across the street at 105 Baxter Road to
the Locus due to a said to be severely eroding coastal bluff area.
Applicants have already relocated said structure on 105 Baxter Road
into the front yard setback area per relief granted in BOA Case No.
091-88.
The Premises is located at 106 BAXTER ROAD, Assessor's Map 48,
Parcel 39, Lot B, Land Court Plan 9312-A. The property is zoned
Limited-Use-General-3.
~~~ W
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Dale W. Waine, Chairman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR CQTHCR
ALTERNATIVE. FORMATS. FOR _ ASS~ISTANC~ LALL _ _.~ __
(.SO~~ ~~=721 ~. ..._ ---
BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554
CASE No. D~-~
APPLICATION FOR RELIEF
Owner's name(s): William B. Matteson and Marilee B. Matteson
Mailing address: c/o Reade, Gullicksen, Hanley & Gifford LLP Post
Office Box 2669 Nantucket Massachusetts 02584
Applicant's name: same
Mailing address: same
Location of lot: Assessor's map and parcel number 48-39
Street address: 106 Baxter Road
Registry Land Ct Plan 9312-A Lot B
Date lot acquired: 11/14/69 Cert. of Title 5889 Zoning district
Limited Use General (LUG-3)
Uses on lot - commercial: None - or MCD?
- number of: dwellings- 1 proposed duplex- apartments- rental
rooms-
Building date(s): all pre-8/72? des or C of O? _
Building Permit appl'n Nos. none
Case Nos. all BoA applications, lawsuits:
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
139-32A X if Variance, 139-30A _ if a Special Permit (and 139-33A
_ if to alter or extend a nonconforming use). If appeal per 139-31A
& B _, attach decision or orders appealed. OK to attach addendum2
See attached addendum
Items enclosed as part of this Application: orders- addendum2 X
Locus map X Site plan X showing present X + planned X structures
Floor plans present - proposed - elevations - (HDC approved? _)
Listing lot area X frontage X setbacks - GCR X parking data -
Assessor-certified addressee list 4 sets X mailing labels 2 sets X
$200 fee payable to Town of Nantucket X proof3 'cap' covenant _
1(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of per'ury.
SIGNATURE: / ~ Applicant _ Attorney/agent X
3(If not owner or owner's attorney, enclose proof of authority)
Application copies re e d: 4 or ~ ~ /~ by C~
One copy filed with Town Clerk on ~ ~~ ~ UY omplete~
One copy each to Planning Bd and Building / (~~ by ~~~/~
$200 fee check given To ~re~surer on ~/ by aive~d~?/
Hearing notice posted ~~~~~%C'1S mailed ~,- I & M / /~ ~!/(2~ '~
Hearing (s ) on _/_/_ cont' d to _/_/ _/__/_ withdrawn? _/_/_
Decision due by _/_/_ made _/_/_ filed TC _/_/_ mailed _/_/_
See related cases lawsuits other
FOR Bow OFFICE USE
f:\wp\matteson\boa.app
ADDENDUM TO APPLICATION
(William B. Matteson and Marilee B. Matteson
The applicants request a variance from the Intensity Regulations
of the Zoning By-law 0139-16) in order to move an existing
single-family dwelling with ground cover of about 2,361 square
feet, and having elevation above mean grade of about 33.2 feet,
from their property situated at 105 Baxter Road, which is
severely eroding, to the Locus, situated at 106 Baxter Road,
directly across the street. The Locus is at present improved
with a garage, having ground cover of about 672 square feet,
which the applicants propose to relocate and renovate without
increase in its ground cover. Total ground cover on the Locus
after the relocation and alteration of the structures will
accordingly be about 3,033 square feet, and the locus has area of
about 20,424 square feet, for a ground cover ratio of about
14.850; the dwelling will continue to have elevation of about
33.2 feet above mean grade. The Locus is a pre-existing
nonconforming lot of record situated in the Limited Use General-3
zoning district, with maximum ground cover ratio of 3o or 1,500
square feet, whichever is greater. The garage upon the Locus is
at present nonconforming as to front yard setback, being situated
about 15.0 feet from Baxter Road, with minimum front yard setback
in this district being 35 feet. The structures upon the Locus
after the proposed relocation and alterations will comply with
all setback requirements (35 feet minimum front yard and 10 feet
minimum side and rear yard) for a pre-existing nonconforming lot
of record situated in the Limited Use General-3 zoning district.
f:\wp\matteson\mattesonadd.doc
LUI H K-
ZONING GLASSIFIGATION: ,~or8.. ~.u.'
2000 5.F
MIN, AREA: . lzQ~4 s;F
MIN. FRONTAGE: ?~ ~? ., . ?~ ~'
FRONT YARD S.B.: ~ FT,, 35 1`~
REAR b SIDE S.B.: !~ ~ ~ ?O
GROUND COVER(%l: ..~Z'~•
-3 EXISTING:
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48-40,41
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~u~Y
ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE
PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET
COUNTY REGISTRY OF DEEDS FOR RECORDING PURPOSES.
IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED
HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY
ORIGINALLY STAMPED AND ENDORSEDED COPIES SHALL BE
ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR.
THIS PLOT PLAN WAS PREPARED TO ACCOMPANY AN APPl1CAT10N
TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE
CONSIDERED A FULL INSTRUMENT SURVEY.
THIS PLAN SHOULD ltgT BE U4FD TO ESTABLISH PROPERTY LINES
FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES.
THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS
OF RECORD.
Plot Plan to Accompany
.Board of Appeals Applic,attiorl
an
Nantucket, Massachusetts
SCALE: 1" _ -40~ DATE: JULY G , i99 8
Owner: .wl,i-L.IAM B.. MATTESOhI. .
MA1ZiLEE Li., MATTES01.(.
~oTS A5 B
Deed~Cert.: C~~T: 5~9. Plan: L,C.931Z-A
Tax Map: Q8- r5, 39 Locus: K~oS.t!oG.BAxr~,~ ,eD.
THIS PLOT PLAN IS NOT A CERTIFlCATiON AS TO TO THE TITLE OR
OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES
ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR
RECORDS.
THIS PLAN LIAY NOT BE USED FOR ANY OTHER PURPOSE THAN ITS
INTENDED USE NOTED ABOVE.
Cc~aia~~ii ~ tissoclalu ~,~. -- FBK.:
BLACKWELL & ASSOCIATES, Inc.
Professi.ona,! Land Surveyors
6 Young's Way
Nantucket, Massachusetts 02554 •
(508) 228-9026 g- 3334
N~
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07/02/98 08:47 FAX 16176612550 DesignAssociates C~02
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PROPOSED SITE PLAN
SCALE: 1/30" = 1'-0" 6.01.98
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02
9~ Architecture Planning Historic Preservation
DESIGN ASSOCIATES
,
. INC
432 Columbia Street
Cambridge
THE MATTESON RESIDENCE Massachusetts
106 BAXTER ROAD 02141
NANTUCKET
MA 02554 617661 9082
, Fax 617 6G1 2550
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~~ INFORMATION REQUEST FORM
Assessing Office, 16 Broad Street, Nantucket MA 02.554
(508) 228-7211
APPLICANT
98 Pick-up [X] Return by Mail [ ]
Date 5/ 5 /
Name - William B. Matteson and Marilee B. Matteson
c/o Reade, Gullicksen, Hanley & Gifford, LLP
Address 6 Youn 's Wa Post Office Box 2669
City Nantucket State Mass.
Phone :( 508 ) 228- 3128 Zip 02584
TYPE OF INFORMATION
Board of Appeals _..-_...[X]
1. Abutter's List....... .--- - -••-- " " "
2. Assessors Field Cards..........( $ 1.00 ea.).•-•-•----[ ~
Map and Parcel numbers:
105 and 106 Baxter Road
Map 48, Parcels 15 and 39
3. Maps ..............($ 3.00 ea.)........................[ ~
4. Topographic Map (overlay)....( $ 3.00 ea.)............[
5. Reports..........( $ 1.00/page) ..... ..................[ ]
6. Copies...........{ $ .20/page) ...... ..................[ ~
TOTAL DUE $ PAID [ ]
Allow ten (lo) days for processing. Payment is due upon
return of information requested.
2-89
BoA Form
NANTUCKET ZONING BOA=tD OF APPEALS
TOWN.AND COUNTY BUILDING
NP?~ITUCKET, Mk 02554
ASSESSORS LIST OF PAiZTIES IN T_NTEREST
~. Il ~ ~ ~ ~ ('il+a~~ l~,e, ~~ a~~~n
PROPERTY OWNER: ' /.~ I,r ~~
APPLICANT FOR RELIEF (SAME'- ) Ke~~'
~. _
ADDRESS OF PROPERTY : /(~5 ~ ~~~ ~~ Y-~e1-
~g l l~ ~3`~
ASSESSORS MAP & PARCEL: ~
pARTIES INCLUDING ADD?tESSES* (OR SEE ATTACHED ~,~{~~ S
LIST Or ~
I certify that the foregoing (or the attached-) lists
all persons natural or legal, who are o 1tescnf anbuPublgc
property owners of land directly oPP _
or private street or way; and abutters of the a:.utters 2nd
all other land owners within three asndhed (e aLd their
property line of Owner s property,
address) appear on the mosn leCZoningpCodebChapter1139,
{per M.G.L. c. 40A, Sectio
Section 139-29D (2)}•
Zrr~ ~' -
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P.ssessors Office
Date Town of Nantucket
*NOTE: Applicant (petitioner) should include with the lot
relief is sought, any com-ronly-owned
for which zoning
abutting lots which ;airhtebscoce e2CO12batteYthz zoning
natter. List r.:ap and p2_c
• 05/08/98 TOWN OF NANTUCKET
10:09:50 GWNER'S MAILING ADDRESS LIST
Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location
0048 0012 JACOBSON PAUL F 429 GREENWICH ST - PENTHOUSE 0109 BAXTER RD
NEW YORK NY 10013 .
0048 0014 JUDY MARY ANN ETAL TRUSTEES 14 COUNTRY LANE
107A BAXTER RD
SANKATY-JUDY TRUST NORTHFIELD IL 60093
0048 00141 JUDY PAUL R
14 COUNTRY LANE
0107 BAXTER RD
NORTHFIELD IL 60093
0048 0017 BERWICK ROBERT & MARILYN MATZ 19 BRENTON ROAD 0101 BAXTER RD
WESTON MA 02193
0048 0018 TIPPER HARRY III & KATHLEEN S 56 W MAIN ST 0099 BAXTER RD
MENDHAM NJ 07945
0048 0008 *NANTUCKET TOWN OF
0016 BROAD ST
0000 SCONSET BLUFF
NANTUCKET MA 02554
0048 0038 JUDY MARY ANN ETAL TRUSTEES 14 COUNTRY LANE
108A BAXTER RD
SANKATY-DORSEY TRUST NORTHFIELD IL 60093
14 COUNTRY LANE 0108 BAXTER RD
0048 00381 JUDY PAUL R
NORTHFIELD IL 60093
0048 0040 BERWICK ROBERT & MARILYN MATZ 19 BRENTON ROAD
0104 BAXTER RD
WESTON MA 02193
0048 0042 BAILEY DAVID S & DOROTHY O 34 THUNDER MOUNTAIN RD
0100 BAXTER RD
GREENWICH CT 06831
0048 00471 SANKATY DORSEY TRUST
0014 COUNTRY LN
0111 SANKATY RD
GROSSMAN G F& J M A TRS NORTHFIELD IL 60093
004$ 0048 SANKATY-JUDY TRUST 0014 COUNTRY LN 115R SANKATY RD
M JUDY & E GOLDBERGER TR NORTHfIELD IL 60093
0049
0009 *
NANTUCKET TOWN OF 0016 BROAD ST 0000 SCONSET BLUFF
NANTUCKET MA 02554
PAGE 1
MUAS750 8.5
NUMBER OF RECORDS = 13
07/08/98
10:24:57
Map Black Lot Owner's/Co-Owner's Name
0048 C027 SANKATY JUDY TRUST
JUDY & GOLDBERGER TRS
TOWN OF NANTUCKET
OWNER'S MAILING ADDRESS LIST
Mailing Address/City State Zip
0014 COUNTRY LN
NORTHFIELD Il 60093
Property Location
0117 SANKATY RD
PAGE 1
MUAS750 8.5
NUMBER OF RECORDS = 1
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