HomeMy WebLinkAbout030-12 17 1/2 Old South RoadMailingaddress:P•O. Box 3631
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M
0
Print Form
Phone Number:5 0 8 - 6 8 5 - 4419 E -Mail: kenneth . ri seborough @yah80. Co ;-v-
Applicant's name(s):Kenneth and Denise Riseborough
Mailing Address: P.O. Box 3631
Phone Number:5 0 8 - 6 8 5 - 4 41(1 E- Mail: kenne th . ri s ebo rough @yaljo. c o rV-
Locus Address: 17 1/2 Old South Road Assessor's Map /Parce1:67 /41.3
Land Court Plan /Plan Book & Page /Plan File No.:
Deed Reference /Certificate of Title: Bk8 8 7 /p3 4 Zoning DistrictRC2
Uses an Lot- Commercial: None Yes (describe) see proposal
Residential: Number of dwellings Duplex Apartments 3 MFOD
Date of Structure(s): all pre -date 7/72
Building Permit Numbers:
or 1995
Previous Zoning Board Application Nurnbers:ZBA File 56 -11
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 -228 -7298 facsimile
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TOWN OF NANTUCKET
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BOARD OF APPEALS
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NANTUCKET, MA 02554
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APPLICATION
Fee: $300.00
File No.
-O V - Z..
Owner's name(s):Kenneth and Denise Riseborough
Mailingaddress:P•O. Box 3631
M
M
0
Print Form
Phone Number:5 0 8 - 6 8 5 - 4419 E -Mail: kenneth . ri seborough @yah80. Co ;-v-
Applicant's name(s):Kenneth and Denise Riseborough
Mailing Address: P.O. Box 3631
Phone Number:5 0 8 - 6 8 5 - 4 41(1 E- Mail: kenne th . ri s ebo rough @yaljo. c o rV-
Locus Address: 17 1/2 Old South Road Assessor's Map /Parce1:67 /41.3
Land Court Plan /Plan Book & Page /Plan File No.:
Deed Reference /Certificate of Title: Bk8 8 7 /p3 4 Zoning DistrictRC2
Uses an Lot- Commercial: None Yes (describe) see proposal
Residential: Number of dwellings Duplex Apartments 3 MFOD
Date of Structure(s): all pre -date 7/72
Building Permit Numbers:
or 1995
Previous Zoning Board Application Nurnbers:ZBA File 56 -11
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 -228 -7298 facsimile
State below or attach a separate addendum of specific special permits or variance relief applying for:
6te—
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
SIGNATURE:
SIGNATURE: ��Y - =i Applicant /Attorney /Agent*
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on:_ / / By: Complete: Need Copies:
Filed with Town Clerk--/— Planning Board :JJ_ Building Dept.:JJ_ By:_
Fee deposited with Town Treasurer:JJ_ By:_ Vaiver requested:
Granted:—/—/— Hearing notice posted with Town Clerk.-/-J -J Mailed:_/ /
I &M / / & / / Hearing(s) held on:—/—/— Opened on :_ /_/
Continued to: Withdrawn: Withdrawn:_/ / Decision Due By:_/ /
Made: / _ / Filed w /Town Clerk :_ / / Mailed:—/ /
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508- 228 -7298 facsimile
Kenneth and Denise Riseborough
P.O. Box 3631
Nantucket, MA 02584
March 19, 2012
Town of Nantucket
Zoning Board of Appeals
Nantucket, MA 02554
Dear ZBA Board,
We are proposing a change to our property located at 17 % Old South Road, Map 67 and Parcel Number
41.3 from its existing use as a 3 unit apartment building to a mixed use 1 bedroom apartment and Take-
Out Pizza Bakery.
The existing 3 unit apartment building which is located in the Multi - Family Overlay District will be
renovated and 26' of the back of the building will be removed to allow for 2 additional parking spaces;
one space will be handicapped. The existing 2nd floor 1 bedroom apartment will remain. The other two
1" floor apartments will be combined, renovated and turned into one commercial space to house the
pizza bakery take -out business.
The pizza bakery will be contained in the front portion of the building that faces Old South Road where
there will be no public access. The public- access take -out area will be contained in the back section of
the building where the majority of the parking will be. There will be 2 door egresses for the take -out
area and a handicapped ramp leading to one. There will be 2 door egresses for the bakery area — one
leading to an employee parking space in the front of the building. There is a full basement under the
building which will be maintained for storage. It currently has 3 forms of egress which will remain.
As we understand it, the parking requirements are as follows: one station for take -out which requires 5
parking spaces, up to 6 peak -shift employees which requires 2 parking spaces and the one bedroom
apartment which requires 1 parking space for a total of 8 parking spaces required. We are proposing 9
parking spaces. An additional 101h parking space is also available for our use and is designated in a Cross
Easement for Parking and Access recorded in the Nantucket Registry of Deeds, Book 734, page 242. This
parking space is technically deeded as a visitor's parking space but, in practice over the past 10 years, it
has been used exclusively and without issue, by the tenants in our existing 3 unit apartment building.
We are applying for a special permit for the following uses in the RC -2 district pursuant to Zoning Bylaw
section 139 -7a: One bedroom apartment and Take -out food business (139 -7a).
The public hours of operation for the take -out food business will be 11 a.m. until 10 p.m., 7 days per
week and closed for holidays. The building will be open to employees daily from 3 a.m. until 11 p.m. for
dough making, baking, food preparation, and cleaning. The number of peak shift employees will not
exceed 6 during any given time.
The proposed renovation of the building will include air conditioning. There will be no seating either
inside or outside this building. Our products will be sold through take -out and delivery only. Our supply
deliveries will take place only when the business is closed to the public.
Our proposal meets all intensity regulations for the RC -2 district. In addition to the special permit
requested for a take -out food business, we are seeking a special permit for a waiver from the Zoning
Bylaw section 139 -20 for a loading zone.
We look forward to your counsel and approval of our proposed plan.
Sincerely,
Kenneth and Denise Riseborough
viii 47-46
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LEGEND,
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WATER QUALITY TANK
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CATCH BASIN
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DECIDUOUS TREE
0
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WATER LINE
_. - -• — - — - — SEWER LINE
A FIRE HYDTRANT
WOOD ARBOR
ECHO PAVERS
-GRASS
NEW ASPHALT
PAY114G & BER14S
BRICK
SIGN, Visitors Parking
APPROVED.
... TI IW T PT AN4ING BOARD
TRIPLEX
SITE PLAN
In
L493 SF-
NANTUCKET, MASS.
SCALE.
DATE, DECEMBER II, 2000
DATE
APPROVED.
JOHN J. S14UGRUE INC.
57 OLD SOUTH ROAD
DATE
NANTUCKET, MA.
N53*44'07'W
SIGNED
FOR MARIE LEMBERG
PROPERTY oF, LEMBERG & SONS INC.
2001
FILE _R
REVISED, JANUARY M
REVISED FEBRUARY RL 2-301
REVISED, FEBRUARY 22, 2001
REVISED MARCH 8, 2001
ASSESSORS MAP
67 PARCEL NO. 41.3 SHEET,l [F
2 SHEETS -TS
q 77milli,
0103 311-31,
OLD SOUTH ROAD
S53'+V0-7E MUO'
PARKING REQUIREMENTS,
3 APARTMENTS e I PER
= 3 SPACES
TRIPLEX e I / UNIT
T REQUIRED = 3 SPACES
TOTAL RE9 ED 6 SPACES
PROVIDED = 14 SPACES
OR- MARIE LEMBERG
PROPERTY of, LEMBERG & SONS INC.
REVISED JANUARY 22. 2001
REVISED FEBRUARY 21, 2301
REVISED, FEBRUARY 23, 2001
REVISED MARCH 8, 2001
N53'44'0—i'V
LEGEND
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Town of Nantucket Web GIS - Printable Map Page 1 of 1
Town of Nantucket Web GIS
Prop ID
6741.3
Address
17- OLD SOUTH RD
Owner
RISEBOROUGH KENNETH
NOT A LEGAL DOCUMENT
64 MILK ST
NANTUCKET, MA 2554
For general reference only: Important
Sale Date
05/06/2004
caveats which must be considered when
using this data are available from the
Sale Price
$0
Nantucket GIS Coordinator.
Book /Page
.y
00887/0034
Disclaimer The Information displayed on this or
Lot Size
0.17 acres
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for Town of Nantucket, Massachusetts
determining the suitability for individual needs.
All information is from the Town of Nantucket Map Composed
Geographic Information System (GIS) database. $/$/2011
Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo
http:// host. appgeo. com /nantacketmalPrintableMap.aspx? Preserve = Width &MapWidtl = 432... 8/8/2011
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Town of Nantucket
Zoning of Appeals
RECEIVED
BOARD OF ASSESSORS
MAR 16 2012
TOWN OF
NANTUCKET, MA
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER.........` ......'
MAILING ADDRESS ..................... %iC chi. /i`�).........................
l /
PROPERTY LOCATION .............�� /..- ....(C� .... f 27
ASSESSOR MAP/PARCEL....... �. ....... ......... I ................
SUBMITTED BY ............. ..........
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons who are owners of abutting
property, owners of land directly opposite on any public or private street or way;
and abutters of the abutters and all other land owners within 300 feet of the
property line of owner's property, as they appear on the most recent applicable tax
list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B
(2)•
DATE
ASSESSOR'S OFFICE
TOWN OF NANTUCKET
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Town Of Nantucket Nineteen B Old South Rd. LLC Kenneth S. Riseborough
c/o Robert Shapiro
16 Broad Street 218A E Eau Gallie Blvd. 64 Milk Street
Nantucket, MA 02554 Nantucket, MA 02554
Indian Harbour, FL 32937 -4875
Vivian D. Van De Water
17B Old South Road, Unit 1
Nantucket, MA 02554
Irene Orellana -Egan
17B Old South Road, Unit 2
Nantucket, MA 02554
Henry Wasierski, Jr.
8 Luff Road
Nantucket, MA 02554
PBE Companies, LLC Nantucket Bank
Islander, LLC
c/o Amelia Drive LLC c/o Sovereign Bank
15 Old South Road
5 Myrna Road P.O. Box 14115
Nantucket, MA 02554
Lexington, MA 02420 Reading, PA 19606
Date: May 11, 2012
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
Owner /Applicant:
030 -12
KENNETH S. RISEBOROUGH
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 a
complaint in Land 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.
Edward S. Toole, Chairman
cc: Town Clerk
Planning Board
Building Commissioner /Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY -LAW SECTION 139 -30 (SPECIAL PERMITS); SECTION 139 -32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508 - 228 -7215.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 67, Parcel 41.3
17 1,� Old South Road
Book 887, Page 34
DECISION:
Plan No. 01 -9
Residential Commercial - 2
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, April 12, at 1:00 P.M., at 4 Fairgrounds
Road, Nantucket, Massachusetts, the Board made the following
decision on the application of KENNETH S. RISEBOROUGH, PO Box
3631, Nantucket, MA 02554, File No. 030 -12:
2. Applicant is requesting Special Permit relief pursuant
to 139 -7a (uses - take -out) and 139 -20 (off- street loading zone)
in order to operate a take -out pizza bakery business on the
Locus. In doing so, the Applicant is requesting a waiver of the
required loading zone because it would be impossible to provide
on the Locus. The Locus is situated at 17 '-I� Old South Road, is
shown on Nantucket Tax Assessor's Map 67 as Parcel 41.3, and is
recorded at the Nantucket County Registry of Deeds in Book 887,
Page 34. The property is zoned Residential Commercial - 2.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. The Planning Board recommended
favorable action on the matter. Two letters were received in
opposition to the matter.
4. Denise Riseborough represented the Applicant at the
hearing. At the hearing, Ms. Riseborough explained to the Board
that the Applicant is requesting Special Permit relief pursuant
to Nantucket Zoning Bylaw Section 139 -7a (uses - take -out) and
139 -20 (off- street loading zone) in order to operate a pizza
bakery and take -out delivery business on the Locus.
The current structure is a two -unit apartment building and will
be changed to a mixed use one - bedroom apartment and take -out
1
pizza bakery. The pizza bakery will be contained in the front
portion of the building that faces Old South Road. The parking
for the business will be towards the side and rear of the locus.
As it stands, the Applicant meets the necessary parking
requirements for a take -out use and a one - bedroom apartment,
providing nine spaces where only eight are required. At the
hearing, it was explained that the Applicant is proposing that
the pizzas will be sold through takeout and delivery only; there
will be no seating inside or outside the building. Ms.
Riseborough explained that as the Locus and structures thereon
are presently situated, a loading zone would be physically
impossible to provide on the Locus and the Board previously
waived the loading zone requirement in Decision No. 056 -11.
The Board, the Applicant, and counsel for an abutter discussed
the possibility of siting a loading zone over some of the
proposed parking spaces. The Applicant presented a concept to
the Board of Appeals whereby the 14' x 35' loading zone would be
sited over a portion of the proposed parking and the loading
zone could only be accessed during certain hours.
Further, the Applicant stated that the proposed commercial
building will be air conditioned, contain three exterior
entrances, a handicapped ramp, and one handicapped parking
space. Also, the public hours of operation for the take -out
food business will be 11:00 am to 10:00 pm, seven days per week,
and closed for holidays. The building will be open to employees
daily from 3:00 am to 11:00 pm. The number of peak shift
employees will not exceed six (6) during any given time.
S. Accordingly, the Board of Appeals, by unanimous vote of the
sitting members, found that the proposed uses on the Locus would
be in harmony with the purpose and intent of the Zoning Bylaw
and granted Special Permit relief pursuant to Nantucket Zoning
Bylaw Section 139 -7a (uses - take -out) for the proposed pizza
bakery business subject to the following conditions:
1. That the improvements to the site shall be completed in
substantial conformance with the site plan entitled "ZBA
Permit Plot Plan, 17 -� Old South Road, in Nantucket,
Mass," prepared by Nantucket Surveyors, LLC, dated May 7,
2012, attached hereto as "Exhibit A ";
2. The proposed commercial building will be air conditioned,
contain three exterior entrances, and one handicapped
parking space;
2
3. The public hours of operation for the take -out food
business will be 11:00 am to 10:00 pm, seven days per week,
and closed for holidays. The building will be open to
employees daily from 3:00 am to 11:00 pm;
4. The number of peak shift employees will not exceed six (6)
during any given time;
5.That the loading zone overlaid on parking spaces 5, 6, 7,
and 8 shall not be available for deliveries after 11:00 AM;
6. That no deliveries shall take place after 11:00 AM;
7. That no parking shall be permitted in spaces 5, 6, 7, and 8
between 8:00 AM and 11:00 AM, except for delivery vehicles;
8. That cross easements for driveway access and parking with
regard to the subject property and property shown on
Nantucket Tax Assessors Map 67 as Parcels 41.4, 41.5, and
41.6 shall not be affected as result of this decision. The
property owners may, at any time, modify the easements to
accommodate their needs-as long as the total number of
parking spaces for the subject site is not reduced; and,
9. That compliance with the operation of the loading zone
shall be reviewed by the Zoning Board of Appeals at their
March 2013 meeting. The Board reserves the right to re-
open the special permit and impose additional conditions if
they find that the loading configuration is not adequately
serving the use of the site.
SIGNATURE PAGE TO FOLLOW
3
Dated: w , 2012
Edward •• -
Irer • -
G• -
Poor
n McCarth
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. ' , 2012
On this day A�—, 2011, before me, the undersigned Notary Public, personally appeared
who is personally known to me, and who is the person whose
name is signed on the preced' or attached document, and who acknowledged to me that hei signed it
voluntarily for its stated purpose.
Notary u lic:
My commission expires:
; W o" ., it �•l '%flf
' N ' 9
PARKING TABLE.•
PIZZERIA TAKE -OUT- 5 SP/STA770N: I STA77ON = 5 SPACES
ONE BEDROOM APARTMENT = I SPACF
EMPLOYEES - I SP/ 3 EMPLOYEES' 6 EMPLOYEES (PEAK) = 2 SPACES
TOTAL SPACES REQUIRED: B SPACF5
TOTAL SPACES PP.OW7DED: 9 SPACES
PARKING LEGEND.'
SPACES O7 THROUGH O9 = PIZZERIA
SPACES lA 7HROUGH 6A = CONDOMINIUM UNI7S (UNIT'S 7,2 & 3)
RILE N07FS
1. SPECIAL PERMIT RECORDED IN BOOK 697, PAGE
30'
2. CROSS £ASEMEN71; FOR PARKING AND ACCESS
RECORDED IN BOOK 692 PACE 337 AT NANTUCKET
DEEDS AS AfTFC7ED BY AMENDMENT RFCOROLTI IN
BOOK 734, PACs- 242.
3 EASEMENT GRANT RECORDED /N BOOK 69Z PAGE
341.
4. MUL ^ -USF RP 7RICPON RECORDED /N PCOK 694,
PAGE JOB.
5. 90ARO OF APPCALS APPUCA77ON NO'S
o. 078 -.94
b. 01J -9c
c 073 -9E.
NOTE: AS -BUILT DATA AS DEPICTED
ON PLAN BY JOHN J. SHUGRUE INC.,
DATED: DECEMBER 12, 2001.
ZONING RELIEF REQUESTED:
S .T. 1 0 -18
A.(5) THREE EXISTING SPACES LOCATED ON ADJOINING LOT. SEE TITLE
NOTE 2 FOR EXISTING EASEMENT.
CURRENT ZONING:CN (COMMERCIAL NEIGHBORHOOD) RE -ZONED APRIL 2012 A.T.M
MINIMUM LOT SIZE:7,500 S.F.
MINIMUM FRONTAGE:50 FT.
FRONTYARD SETBACK:10 FT.
SIDEYARD SETBACK:5 FT.
REARYARD SETBACK:10 FT.
ALLOWABLE G.C.R.:40%
PROPOSED G.C.R.:199*
REQUIRED OPEN SPACE: 20%
PROPOSED OPEN SPACE: 27.47
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELO MEASUREMENTS AS SHONH HEREON,
THIS PLAN IS NOT REPRESENTED TO BE A TITLE
EXAMINATION OR A RECORDABLE SURVEY.
N.B.368/11 CC. 1Y 1C1,1 BY RN:NC✓.=' SUR, EYORS, LLf,.
ZBA PERMIT PLOT PLAN
17 OLD SOUTH ROAD
$7141.4 (V /M 1 —.T)
Y
IN
1) WAN L'. OEWAIER
R) NE4L W. VAN UEU 6 MARIA R. VAN L /EV j l
Jf NEA9r WA9ERSttIp2 X)r
NANTUCKET, MASSACHUSETTS
SCALEA-_20' DATE:8/10/11
REVISED: 5/1/12 (PIZZERIA)
�.✓en�`y,�
w:.a1
REVISED: 5/7/12 (ZBA SUBMITTAL PLAN)
DEED REFERENCE: DDBK 887 PC 34
PLAN REFERENCE: PLNO. 01 -9
ASSESSOR'S REFERENCE:
"F
MAP: 67 PARCEL: 41.3
APPLICANT:
VA wo A ERIN
KENNETH S. RISEBOROUCH
7
/ j
NANTUCKET SURVEYORS LLC
fit:.
5 WINDY WAY
NANTUCKET, MA. 02554
a
N -10030
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NOTE: AS -BUILT DATA AS DEPICTED
ON PLAN BY JOHN J. SHUGRUE INC.,
DATED: DECEMBER 12, 2001.
ZONING RELIEF REQUESTED:
S .T. 1 0 -18
A.(5) THREE EXISTING SPACES LOCATED ON ADJOINING LOT. SEE TITLE
NOTE 2 FOR EXISTING EASEMENT.
CURRENT ZONING:CN (COMMERCIAL NEIGHBORHOOD) RE -ZONED APRIL 2012 A.T.M
MINIMUM LOT SIZE:7,500 S.F.
MINIMUM FRONTAGE:50 FT.
FRONTYARD SETBACK:10 FT.
SIDEYARD SETBACK:5 FT.
REARYARD SETBACK:10 FT.
ALLOWABLE G.C.R.:40%
PROPOSED G.C.R.:199*
REQUIRED OPEN SPACE: 20%
PROPOSED OPEN SPACE: 27.47
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELO MEASUREMENTS AS SHONH HEREON,
THIS PLAN IS NOT REPRESENTED TO BE A TITLE
EXAMINATION OR A RECORDABLE SURVEY.
N.B.368/11 CC. 1Y 1C1,1 BY RN:NC✓.=' SUR, EYORS, LLf,.
ZBA PERMIT PLOT PLAN
17 OLD SOUTH ROAD
IN
NANTUCKET, MASSACHUSETTS
SCALEA-_20' DATE:8/10/11
REVISED: 5/1/12 (PIZZERIA)
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REVISED: 5/7/12 (ZBA SUBMITTAL PLAN)
DEED REFERENCE: DDBK 887 PC 34
PLAN REFERENCE: PLNO. 01 -9
ASSESSOR'S REFERENCE:
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MAP: 67 PARCEL: 41.3
APPLICANT:
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KENNETH S. RISEBOROUCH
7
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NANTUCKET SURVEYORS LLC
5 WINDY WAY
NANTUCKET, MA. 02554
N -10030