HomeMy WebLinkAbout005-14 12 Broad StreetAPPLICATION
Fee: $300.00 ^9✓' \ , y�7L ( / n`' File N/ o.1{5`#
Owne1's name(s): 1 FCI�'� V "!� -�iT f_�JIJ•4Y'�l�r _ ✓�'E'� 4
Mai ino address: �p.,p �%' / ,
Phone Number. rJ0b ' b" 6[�f� E -Mail:
Applicant's nane(s): �7TCt'(1.c1p oe,(" r �-
Mailing Address: t L 'b ST, � t4N x(U6k ,- T ,
s�
Locus Address: J Z f,ALI]M✓ � . Assessor's Map/Parcel 2 ' Z /
Land Court Plan /Plan Book & Page/Plaa File No.: 12zo
Deed Refereace /Certificate of Title: Zoning District ,1
Uses on Lot- Commercial: None_ Yes (des=be) a Vl e ' iOAVLVl '7 Lt"? , A2 104 l UA OA
Residential: Number of dwellings- DuplealloOt Apartments Klr 'A UICr
Data of Structure(s): all pre -date 7/72 ✓ or
!c '
Previous Zoning Board Application Nutnbets:
Al
P
A DEr 4-1 2013 A
BY-. ✓2658
2 Faitgiounds 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.
hC AqTft j kkvc- A- p V-& ��t
I c=tify that the infotmation contained herein is s¢bstaatially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
SIGNATURE: 1 Owner*
*If an Agent is representing the Owner of the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received om —/—/_ By:_,_ Complete:_ Need Copies:_
Piled with Town Clerk;—/—/— Planning BoardJJ_ Building Dept:—/J_ By:_
Fee deposited with Town Treasure=—/—/_ Bp._ Waiver requested:_
Gtaated:JJ_ Heating notice posted with Town Clerk —/—/- Maf7ed: —/—J_
I&M —J_/_ & —/—J_ Heating(s) held omJ —/_ Opened on : —/—J_
Continued to —J—/— Withdrawn: —/—/_ Decision Due BT--J—J-
Made:—/—/— Filed w/Town Clerk —/—/_ Maf7ed:J_/_
2 Fairgrounds Road Nantucket Massachusetts . 02554
508- 228 -7215 telephone 508- 228 -7298 facsimile
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
Meeting Dates for 2013
I:OOPM at 4 Fairgrounds Road Public Safety Facility
Community Room
January 30, 2013
February 14, 2013
March 14, 2013
April 11, 2013
May 9, 2013
June 13, 2013
July 11, 2013
August 8, 2013
September 12, 2013
October 10, 2013
November 14, 2013
December 12, 2013
December 10, 2012
January 14, 2013
February 11, 2013
March 11, 2013
April 8, 2013
May 13, 2013
June 30, 2013
July 8, 2013
August 12, 2013
September 9, 2013
October 15, 2013
November 12, 2013
January 9, 2014 December 9, 2013
February 13, 2014 January 13, 2014
Meeting times and dates are subject to change, if you
have any questions please contact the ZBA office at
508- 228 -7215.
2 Fairgrounds Road Nantucket Massachusetts 02554
508- 228 -7233 telephone 508- 228 -7298 facsimile
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Information
ProPertylD 424273
Location 233 WATER ST
Owner OSLi PHILIP A S RiE
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MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
The To'an mekas no dolma am no vrenarnse,
expressed or Implied conoeming me vai pity or
eommcy of me GIS data presented on Nis map.
Parcels up ien d December, 2012
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PLAN OF LAND IF NANTUCKET
"GcAle le Peet to en inch
NOV.14,1923
p� '.William B.SwiTt,SUrveyor.
AA0AD
STREgT
Enmone Society of the.
Oomao�tealth of Naeeachueette
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BUILDING - STRUCTURE INVENTORY FORM SURVEY/
FILM NANTUCKET HISTORIC DISTRICT COMMISSION MAP/PA CE ofk0 —`1-3
MAP /PARCEL #: 4 2! -11 -0 -+�
NANTUCKET, MASSACHUSETTS
Recorded By: Ls- E G Date: 10// Organization: _t tQC.
IDENTIFICATION: �� stiff
i.cec
t. STRfETNAME &NO.: 2. BUILDING NAME: R cae r (nnc7)wc\
3. OWNERSHIP: O a. public O Ti. private 4. PRESENTOWNER:0-SkAL A- 3-�t�,
5. OWNfrRSHIP HISTORY: (include owner names, date(s) of ownership, and information source)
..as rERsP's �GiiG1AP_
1
6. USE: Original: Present: Slu'e-T- Tcn_CxPan S\.oDk
O a. seasonal O b. year-round
Exterior visible from public road: O/. Yes O b. No
Interior accessible, explain: tie=
DESCRIPTION:
10. FOUNDATION
O a brick O b. rubblestone Vc. concrete O d.
it. STRUCTURAL SYSTEM
• a. post- and -beam
• b. balloon wood frame
12. EXTERIOR WALL MATERIAL: Front Facade'
• c. masonry load- bearing walls
• d. other:
(3-zC
shingles - weathered
O c.
brick
O e.
board and batten
O b.
shingles - painted
O d.
clapboard .
O f.
flush boarding
g. other:
13. EXTERIOR WALL MATERIAL: Side Elevations:
a
shingles - weathered
O c.
brick
O e.
board and batten
O b.
shingles -painted
O d.
clapboard
O f.
flush boarding
O g.
other:
t
-tit-EXTERIOR WALL MATERIAL: Rear Elevation:
• a
shingles - weathered
O c.
brick
O e.
board and batten
• b.
shingles - painted)
O d.
clapboard
O f.
Flush boarding
(� g.
other:
15. NUMBER OF STORIES:
O a t O c.
13/4
O e. 21/2
O g.
other:
Q,t� 1 112 O d.
2
O f. 3
16. ROOF SHAPE:
O a gable
G,-c'
hip
O e.
other: 4- E!A\
O b. gambrel
O d.
shed
17. ROOFING MATERIAL:
O a. composition shingle
O b. weathered
cedar shinge O c. slate
18. ROOFFEATURES:
O a roof walk
O e.
balustrade
O-If. dormers on street facade
O f,
skylight
dormers on side elevations
O g.
roof hatch
O d. dormers on rear elevation
O h.
cupola
O I.
other.
as —g-
19. DORMER ROOF(S):
O a gable O b.
hip
0"o. shed
O d.
other:
20. CHIMNEY MATERIAL:
O a brick, unpainted
O C. brick, parged
O e. concrete block
O b. brick, painted
O d. rubblestone
O f. metal
21. CHIMNEY POSITION:
O a center O J.
oft -center O c. end wall
O d.
other.
22. NUMBER OF CHIMNEYS:
O a one O b.
two
O c. three
O d.
other:
23. CHIMNEY FEATURES:
O a corbelling
O b.
chimney potstowls
O c. pilastered
24. FRONT/PRIMARY DOOR LOCATION: O a center Q b og -center
2.
25. FRONT /PRIMARY DOOR FRAME FEATURES:
(check several O a. sidelights
ifappropnale) O b. transom
O c. plank frame
G-dr flush frame
O e. Federal
26. NUMBER OF BAYS: O a.
three
O b.
four
27. WINDOW FRAME TYPE: &9
flush
O b.
plank.frame
23. WINDOW SASH TYPE(S) -FRONT FACADE:
O a.
12/12
O bb
9/9
6/c.
6/6
� * 1. .A
O f.
fanlight
O g.
blind fan
O h.
Greek Revival
G i-i
recessed
O j.
other:
• c.
five
• d.
N A
• e.
other:
• c. bull -nose
• d. other:-
O d. 2/2
O e. casement �G
O f. other:� X . /0//D
1
SIGNIFICANCE:
33. ROLE THE BUILDING PLAYS: /
O a. individually significant (/b. contributing
34. DATE OF INITIAL CONSTRUCTION:
ARCHITECT:
BUILDER:
O c. non - contributing
SOURCE:.—
35. BUILDING TYPE:
O box O c. gable front O e. side - gabled
a additive O d. gable ell O f. other:.
3.
O a. front O b. side
O c. wrap
30. DETAILS:
CJ�� corner boards (plain)
O e.
blinds
(check several
O b: corner boards (beaded)
O f.
watedable
Ilappropriale)
CY c. comer board (single)
O g.
pilasters
O d. entry stairs w. balustrade
O h.
trellis
O i, other:
za s
vQqkgC 5} �e hJ bnn
31. CONDITION:
O a. excellent O c.
fair
@.b.' good O d.
deteriorated
32. INTEGRITY:
O a. originalsite O b.
moved if so, when ?:
Major alterations or additions:
(with dales if known)
SIGNIFICANCE:
33. ROLE THE BUILDING PLAYS: /
O a. individually significant (/b. contributing
34. DATE OF INITIAL CONSTRUCTION:
ARCHITECT:
BUILDER:
O c. non - contributing
SOURCE:.—
35. BUILDING TYPE:
O box O c. gable front O e. side - gabled
a additive O d. gable ell O f. other:.
3.
36. STYLE OF ARCHITECTURE:
O a. pre-1750,2 1/2-story Lean -to
0 h.
Italianafe
0 b. post - 1750,13/4 -story Lean -to
O L
Second Empire
O c. Typical Nantucket 4 -bay
O 1.
Queen Anne
O d. 1314 story, 3 -bay
O k.
Colonial Revival
O e. Federal
01.
Shingle style
O L Greek Revival
O m.
Bungalow
O g. Gothic Revival
O n.
Four Square
O o. other:
37. HISTORICAL AND ARCHITECTURAL IMPORTANCE:
38. SOURCES: O a. Registry of Deeds:
• b. Assessor's Records:
• c. Lancaster, Th . Ar hit jure fur of
Historic Nanf
ck t, page:
O d. H. C. Forman, Early Nantucket
& Ifs Whaling
Hobs, page: f
O e. anborn Maps, date:
NHA photos:
• g. HABSresearch-
O h. NHA plaque recd s:
O1. other.
GENERALSETTING AND ORIENTATION OF BUILDING:
*16 Lsr
39. LOTSIZE: 1 O a. 12 acre or less 0 b.
1/2 acre or more:
40. APPROXIMATE FRONTAGE: feet
41. SETBACK FROM STREET: O-eat sidewalk
O C.
20 feet or less
0 b. 10 feet or less
O d.
other:
42. ORIENTATION TO STREET ADDRESS: O a. gabled
O b.
ridge parallel O c. oftr:
43. SURROUNDINGS: !S- densely built -up
O d.
residential
(check several O b, scattered buildings
commercial
ffwopsa1E) 0 c. open land
old historic district
14. RELATED OUTBUILDINGS AND PROPERTY:
See form(s):
O a, barn O b. privy
O c.
shop O d. arbor
O e. cardage house 0 L shed
O g.
gardens O h. deck.
01. garage O 1. greenhouse
O k.
fence 01. parking
O m. scallopshanty n. landscape features:
o. other:
5. OTHER NOTABLE FEATURES:
(SulUng orsle including
Interior features l known)
4. Revision 5/69 RAPAF
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UNDER THE EAVES
Gnrinudfmm page ll
Nantucket wo the only place w the country In sup
cesafidly outlaw the autpmobile. Pace sad his new
pamper Jahn Ayes named Ihev livery toto a taxi
gang, and started a -Smoot bus service only two
months after the crucial esclu sun law wo repeated
go 1918. As it happened. Ihc.suloraobile quickly
took hold and the taxi business derived.
From Pecan, Byron's gnutdear, and the one -dose
mayor a Tuckemuci briefly worked for has
grandfather as auxi sand tom-bus driver right out of
high school in 1941.
'I dilate we far the boducss an mmaV said
Posse, who named 80 lot year and recently finished
ir, My Nanm,etrr Bayhwd, that should he
published somctbne in 2004. Kt wam't any cup of
Ua ... But I have fond memories carrymg in Vert
[the gauge] o a kid on my bike."
Ayers passed away w 1936 and gave sole own -
c ship of the Import, he Byron, w1m Nm banded
over the Qmily business to his wed Fran a uncle
Kennedy in 1914. gestalt can the garage and bus
u for another qui. ore q. at one point also
serving u selttunan.
Under Kermeth's management the gauge stayed
openyear -round It had hom us pumps perched pre-
curiously can South Water Stro r and housed the
valet s c for the White Elephant Hotel.
vef,
Howc as I= tells it, Kwndh did not enjoy the
buslnse, much either Afcw years befort he passed
away so 1973, Pease sold the property to Wilier
Beineeke Jr. of Sherbumc kamciues, who used the
hope,morm, building as a work and slmege art. for
s om.of his other projects word tsrwn.
Osley and his thsn -paper James Bartsch tooted
the pmpury firm Beinecke in the early 190N and
moved their diw shop Sop Old south Wharf into
the larger building But Bcineokc would cot give
Seem .Io,1— loss, became he hd some vague
plans for the forum thnt, acwNing to Osley, includ-
ed partial, the building into a civic center to wm-
plemcet the Pater Fwlger Whaling Museum across
the a. (a building also a.- awned by Bymt
P.),
After Berri left the island; Osley knew be, did
ant to move the, dive shop again, a. he pur-
chased the pmperry from Bonet. in December
1975 for SI25,o00. Soon after Oday separated the
steam forthe Rose & Cpwn Resuunnt, he insulld
124,y -12 besois, supposed the flop end added the
sewed stray ayaNnett with storm win hors— He
also creased a plexi -glass roiling with a layer of
water above to make customers fact az ifm, were
am., in a suNrrn ship.
"We had a standing joke 'in case of fire. bmak
plexi- glass; Oils, said.
naught do SuNen Ship arearted as a dam shop,
its Immune, bas evolved ova me y®rs to accom-
modateNentucketem -marrycelcedmince .
-wan stand out ¢fling mostly marine supplies;
" wataskis, bates people mm into be Spm and
asked for different things ec kryl ordering more
prB. ^0.1, said.
At ere Sunken Ship today you on get your scuba
took filled and your ice skates shammed, while also
buying some Nami souvenirs and a pair of US,
hoots. Howeveq Osley Hill monitors ere marine
'main, leads diving pars, and oprnta' one of the
islands largeat salvage companies, Pb Sslvagc,
nos of the pnopi
The Rose A, Gown Renau and is ncei
changing horel, but Osley mid that putt the pens
aman¢ us settled he him or expand ere Sunken
Ship.
-We Fans plans Wt wart approved in ere 19we
to go up in two and a half summ,- he said. -10 the
peat one m two years were going m sun pursuing
Jut again because we'm out of room.°
While the building that pace offered nomge now
needs mwe itself, a few summers ago a woman vis-
iting the eland appmmntly thought that it wo still a
Poop
'About four or five years ago a woman riding
her nod down Bead Such Ion cpnpol.jumpcd
Jo sidewalk and — I don't know how. but —came
right in through our door%` OAcy nestled.
"SOmehaw abewaea t hurt, but t but to tell her that
awpds wadi allowed in the antra' n
From horses and box wagons to
Pt't_ru
N
way. the sary fthe building at ea-
of Broad and South water arnica Iells a
larger tale of the changes that have swept
tic island over the last century. Where tacks
of cloth. and mamamnl awci are today,
m Aaod a bury geruge Filed with mail,
and before that, a livery amble with harms and box
wagon..
"1 think ifs the beat location on the island for a
busines," said current owrm Phil Gslry, who has
operated tie gradient ship for more your 30 years.
"We've been here a long time and we're probably
going to be hem for a while long,, ! haverd't even
dnsida d what lthe building] is word, because I
omt see any feasnn to evasall Or
The propety has been a prime location eve,
.irme the adjacent wharf became Me neambma land-
big m 1847, malting Bmbd Stara tic islad4 unof-
Fcial "reception line' ar visitors arriving by host.
Towm l the erd of the 19th century Byron E
Pease stated a livery stable at the location with his
business partner Orion Cavil Wal also ownW vad
ripmtW a groeary ... together on Main street
hem Ne 8porb I.oclm now, sands). The stable
building Nry purchaeJ war less than a half enm-
ry old, when all of Bored Steel — except for the
ywvf mnormted Jared Collin House et the rep of
thou i. -of y_1 Srset.Jrow"I, Avilding ar de ro/SovaW-
o
ali 1ouale.1m.mmfm, renmry( bore /. Ore SimAen 51111 bdo, o., lyp,
and swo,c in Ne /96th foa, ). FOrm wO, on M,s m peac rcigh/
"nor iof reij' -1-mim heiA'�f hiieo, and oyvaredjor ma au.
25 —arc loth W/Me Is Ilme /WM1iw are Illy i ..MVa --I
taxi garage
the eabblwl wind —was denmalW by the Great Fire
Of l8db
llnl'onurvncly for Pcsp fm would away miU
again -- Nis time in Fehaasy Of Ig% when the
Wnryad native, who bad mavicd a Nuntvcl as,
way visiting his hourly on the Other island.
Posse rdumcd from his not- swiigura jaml Ia
Find that he building and all ofits can der. had ban
compldely d.troycil, invading six of his horses.
But Pease persisted, nebuildmg the sim in. the
gesmal dmrare Nat win steads today. and in the
oaring years exhibited a willing acumen to adapt to
outside fartm.
The awival of the automobile at the mm of the
entury w s gamed with a ls- than- wcleome
reception on island, ospoeislly among the liverymen
Who foresaw the oral OF their thrn -vital industry.
However, a the mad ofa two -dea de hallo whacin
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TOWN OF NANTUCKET RECEIVED
BOARD OF APPEA §111 3 PM 3 43
NANTUCKET, MASSACHUSETTS 6'2rS0" 11ERK
Date: April 3,2014
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 05 -14
Owner /Applicant: PHILIP A. OSLEY & RUTH E. OSLEY
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.
1!
Eleanor W. Antonietti,
Zoning Administrator
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- 325 -7587.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 42.4.2, Parcel 73 Certificate of Title No 7538
12 Broad Street Land Court Plan 10147 -A
Commercial- Downtown (CDT)
DECISION:
1. A public hearing of the Nantucket Zoning Board of Appeals was opened and
closed on Thursday, January 9, 2014 at IPM and, due to an error in testimony, re- opened and
closed on February 13, 2014, at 12:00 Noon, at 4 Fairgrounds Road, Nantucket, Massachusetts.
At the hearing on February, 13, 2014, the Board made the following decision on the application
of the PHILIP A. OSLEY and RUTH E. OSLEY, 12 Broad Street, Nantucket, Massachusetts
02554, File No. 05 -14:
2. The Applicant seeks modification of previously issued Special Permit (Board of
Appeals File No. 005 -85) to allow the installation of a take -out service window for the business
known as "The Juice Bar ", one of three commercial establishments being operated in a portion of
the structure known as the "Sunken Ship Building ". The installation of the take -out service
window is allowed by right in the Commercial Downtown District and therefore does not require
relief. Applicant is also seeking Special Permit relief pursuant to 139 -18 to waive all puking
requirements associated with a take -out service station. The Locus is situated at 12 Broad Street,
is shown on Nantucket Assessor's Map 42.4.2 as Parcel 73, being the land registered in Land
Court Case No. 10147 and shown upon Land Court Plan 10147 -A, and evidence of owner's title
is recorded at Certificate of Title 7538 on file at the Nantucket County Registry District of the
Land Court. The site is zoned Commercial Downtown (CDT).
3. Our decision is based upon the application and accompanying materials,
representations, and testimony received at our public hearing. There was no Planning Board
recommendation on the basis that no matters of planning concern were presented. One abutter
expressed concern regarding the generation of trash and litter by patrons of "The Juice Bar ".
4. Philip Osley, Owner and Applicant, represented himself at the hearing on January
9, 2014. Staff explained the error which required the re- opening of the hearing on February 13,
2014. Mr. Osley proposes to add a take -out service window to the east side of the "Sunken Ship
Building" and is therefore requesting further relief from the off -street parking requirements
pursuant to Nantucket Zoning By -law 139 -18.D wherein five (5) spaces are required for each
take -out service station. The Locus is pre- existing non - conforming, inter alia, with respect to all
setbacks and ground cover, with the structure covering nearly 100% of the total lot area of 6,686
square feet.
The "Sunken Ship Building" is surrounded by a public way on three sides — Broad
Street, South Water Street, and South Beach Street Extension. The corner of Broad Street and
South Water Street is one of the most heavily travelled intersections on island. The structure
currently contains three commercial uses operating under the names "The Rose and Crown ",
"The Sunken Ship ", and "The Juice Bar ". These businesses are heavily dependent on foot traffic.
"The Juice Bar ", housed in the portion of the Locus for which relief is requested, occupies
approximately 1,200 square feet of the entire structure. There are no parking spaces provided
on -site.
The locus benefits from relief from off - street parking requirements in prior Zoning
Board of Appeals Decision File No. 005 -85 and in Special Permit No. 2 -85 granted by the
Planning Board for a Major Commercial Development.
5. Therefore, after a discussion with the Applicant, the BOARD makes a specific
finding that the installation of this take -out service window, as permitted in Nantucket Historic
District Commission Certificate of Appropriateness No. 60546, will alleviate pedestrian
congestion along Broad Street by dispersing customers to the South Beach Street Extension side
of the establishment known as "The Juice Bar ", and therefore Special Permit relief may be
granted pursuant to 139- 18.B(2). The granting of said relief associated with the proposed
alteration is in barmony with the general purposes and intent of the By -law, and compliance with
the parking requirements would be both physically impossible for the applicant to provide and
contrary to sound traffic and safety considerations.
6. Accordingly, by UNANIMOUS VOTE of the sitting BOARD, the ZONING
BOARD OF APPEALS grants a SPECIAL PERMIT for the relief sought by the Applicant
pursuant to Nantucket Zoning By -Law Section 139- 18.B(2) waiving all off -street parking
requirements associated with the addition of a take -out service window with following condition:
a. The proposed work herein shall be completed is substantial conformance with plan
entitled "The Sunken Ship Building, The Juice Bar", prepared by Sandcastle
Construction, Inc., dated September 12, 2013 and revised on November 6, 2013,
a reduced copy of which is attached herewith as "Exhibit A ".
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SIGNATURE PAGE TO FOLLOW
Assessor's Map 42.4.2, Parcel 73 Certificate of Title No 7538
12 Broad Street Land Court Plan 10147 -A
Commercial - Downtown (CDT)
Dated: Af iri t 3 , 2014
Susan McCarthy
COMMONWEALTH OF MASSACHUSETTS
Nantucket, s$
on the 30r day of Y1 2014, before me, the undersigned notary public, personally
appeared � fw. o+}+ C e (h , one of the above -named members of the
Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose more is
signed on the preceding document, and acknowledged that he signed the foregoing instrument voluntarily
for the purposes therein expressed.
otary blic' L YN ELL D. VOLLAN6
My Commission Expi. Notary Public
Gemmonwealth of Mo- ,mhwo
My Commission 1401roc
nerember 26, 2016
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