HomeMy WebLinkAbout034-04
,
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
::r Uf\.fL.- 2- L, 20 oLj-
To: Parties in Interest and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
fol,lowing:
Application No.:
o 5 <1---0 c;
Com' marc~ €WJer:r'rYl ~ftJ;S
bwner/Applicant:
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Enclosed is the Decision of the BOARD OF
this day been filed in the office of the
Clerk.
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APPEALS w~ch ha~
Nan t ucket r-1'own
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An Appeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, Massachusetts General Laws.
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.......
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.
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND V^RIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
I
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
. .
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 42.3.4
Parcel 22
ROH
20 India Street
Deed Ref. 527/134
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P.M.,
Friday, June 11,2004, in the Conference Room, Town Annex Building, 37 Washington Street,
Nantucket, Massachusetts, on the Application of the CAROL MARCH EMERSON CROSS, of
20 India Street, Nantucket, MA 02554, Board of Appeals File No. 034-04, the Board made the
following Decision:
1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/extension of a pre-existing nonconforming structure/use).
Applicant proposes to alter a nonconforming barn by changing the use to a studio use. There
would be no expansion of the structure, which is located on a lot that also contains a conforming
single- family dwelling. The Locus is nonconforming as to setbacks, with the barn being sited as
close as about .74 feet from the rear yard lot line and at about .02 feet from the easterly side yard
lot line in a district that requires a minimum side and rear yard setback of five feet. The property
is conforming in all other respects to the dimensional requirements of the Zoning By-law.
The Premises is located at 20 INDIA STREET, Assessor's Map 42.3.4, Parcel
22, with no plan on record, Deed Ref. 527/134. The property is zoned Residential-Old-Historic.
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 no
recommendation, as the matter was not of planning concern. There were no letters on file in
favor of or in opposition to the Application.
3. Applicant represented that she wished to alter a pre-existing studio/barn structure
that is nonconforming as to setbacks, with it being sited as close as about .02 feet from the
easterly side yard lot line and about. 74 feet from the rear lot line in a district that requires a
minimum side and rear yard setback of five feet. Applicant represented that the ancillary
structure, on a conforming lot with a conforming single-family dwelling, was clearly visible on a
1938 and 1957 aerial in the Town records, as well as validated by Historic District Commission
(HDC) records, submitted into the file, and was validly grandfathered in its present location.
Applicant also submitted evidence that the structure had been used as an artist's studio in the past
open to the public (at least until the late 1940's), and had apparently never been used as a garage
to accommodate motorized vehicles. Applicant was asking the Board to validate a return to a
studio use. Applicant represented that she was an architect and artist and wished to improve the
space for her personal use and not for commercial purposes. The structure was dilapidated and
Applicant had obtained Certificate of Appropriateness No. 43,644 from the HDC to alter doors
and windows to improve the appearance of the studio as part ofan overall renovation of the
structure, without demolishing it. Applicant also explained that she would be installing new
plumbing in the building, i.e., a toilet, sink and shower to eliminate the need to go back to the
main house while she was working, as there had been no plumbing in the structure. Applicant
also stated that she did not want to move the building from its historical location as it may not
survive the move and it provided a good visual break for the neighbors. No secondary dwelling
was planned for this building at this time but there was sufficient room elsewhere on the lot to
construct a conforming dwelling.
4. Therefore, based upon the foregoing, the Board finds that the conversion of the
barn structure to use as an artist's studio, without human habitation, would not be substantially
more detrimental to the neighborhood than the existing nonconformities. There would be a
public benefit in that the structure would under go substantial renovation to approve its
appearance and save an historical building from collapsing.
5. Accordingly, by a vote offour in favor (Sevrens, O'Mara, Toole, Sanford) and one
opposed (Loftin), the Board GRANTS the SPECIAL PERMIT under By-law Section 139-33A
validating use of the ancillary structure as a studio/storage barn, upon the following conditions:
a. The structure shall not be used for human habitation nor rented separately from
the dwelling and any change in its use would need further relief from this Board;
b. The project shall be done in substantial conformance with the Certificate of
Appropriateness No. 43,644 issued by the HDC, as may be amended from time to
time;
c. The bathroom facility shall be limited to no more than a sinl4 toilet and shower,
prohibiting the installation specifically of a bathtub; and
d. The use of the studio shall not be used as a "Home Occupation" as defined under
Nantucket Zoning By-law Section 139-2, and shown in Section 139-7A(4) and
not used for commercial purposes.
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\JtA~l~ \~\jl\?,~k'
Nancy J. Sevre
lc- ~ ~
Edward Sanford
Michael J. O'Mara
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing ofthe NANTUCKET ZONING BOARD OF APPEALS will be held at
1:00 P.M., FRIDAY, JUNE 11,2004 in the Conference Room, Town Annex Building,
37 Washington Street, Nantucket, Massachusetts, on the Application of the following:
CAROL MARCH EMERSON CROSS
BOARD OF APPEALS FILE NO. 034-04
Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/extension of a pre-existing nonconforming
structure/use). Applicant proposes to alter a nonconforming barn by changing the use to a
studio use. There would be no expansion of the structure, which is located on a lot that
also contains a conforming single-family dwelling. The Locus is nonconforming as to
setbacks, with the barn being sited as close as about .74 feet from the rear yard lot line
and at about .02 feet from the easterly side yard lot line in a district that requires a
minimum side and rear yard setback of five feet. The property is conforming in all other
respects to the dimensional requirements of the Zoning By-law.
The Premises is located at 20 INDIA STREET, Assessor's Map 42.3.4, Parcel
22, with no plan on record, Deed Ref. 527/134. The property is zoned Residential-Old-
Historic.
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TillS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
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FROM : CarD) CroSs
FAX NO. : 617+876 8889
Ma~. 04 2004 01:07PM P2
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NANTUCKET ZONING BOARD 01.' APPli:ALS
:. 1 EAST CH'ESTNUl' STREET
NANTUCKET, MA 02554
APPL1CA TION FOR RELIF,F
CASE NO. 0 > ~ ()~
FEE: $300.00
::::.~::::~' g~~~~~~;MCw;;~)
;\.ppJicant', name(.): ~ a~ . ~
-
Mailing address:, a..2 ~JL----
'Loeus'address:-2Q ,~~.P~ A~Se,srr~s'~~p/Parcel: 4'L~4 -D22-
Land Court PlanlPlan Book & PageIPlan File No.:~ ..::. - -r.. J A - ' Lot No.:-="..
Date lot acquire~l5V'/~~Deecl RefJCert. of Title: S;)'7(, ~ ZoningDistrict: (<.'0. H
U~~~ If - Commerelal: None / Ve. (desenoe) ,
~ReSideDtial: Nu~ber of dwellint;S--4- D~plex~ Apartments_Rental Ruoms
. Bnik\l1IgDate(.),;\.npre-dat07n211or~~ CofO(')?
Bnilding Permit Nos: Y'\.a, - ' ---
Previous Zoning Board Application NOs.:-YV ~ '
State below or on a separate addendum specifit reli~f sought (Special Permit, V arianc~Appeal), Section of
the Zoning/By-law, and supporting d~tails, grounds fpr grant of relie,.!, listing any existing nonco~(tj\ttes:
7t:~~,:: ~:rl ~ot~rw~ ~~Cb7~ ~
~JYl-,,,~ horn htJ.oK:- "frj W-e CW Cl y,rvc/!fl'J ~oP:
JJ- iiio.>>,/){ \ ih , ')( 'ft1.q fro 't-fn rrr-VL -h'{X),fl{j) It!!); 0 r ::t (h1Ul 11j-.
t1^~~I(:~1 & tie :;jO:Jr5d ,'Ie d 7:-/~:Jr;r~!&nJ:%~ ~ 1M
~YC!(NV tl ''f--Iw Imm /;(rh2 S;T;tf'd'CJJ c((;./e a,J olor:rr
.0.7</ ~~~Yforloflrl7e Q~ 'S2flCllYl ~;~c;
!of-tvrW..7Ae .'f wCOY'fcntrI' ~ _~,r'~~-'
I certify that the infor ation cont cd herein is $ubstanti y complete aad true to tbe best of my
knowledge, under the pains and p~nalties of perjury.
SIGN;\' TURE: . ('/)/1/0 Q ~ ;\.pplieanl / ;\.UorDey/J\.gent
(If Dot owner or owner's attorney, plea,se enclosc procpf of agency to bring this mattcr before tbe Board)
~ ~ FOR' FFICE USE
Application reeeiv~d on: -'~ By: Complete: Need copies" --;-;::;:::-:-., . \
FiJed with Town Clerk, iz!:li' P' r : (~ BuildingDept.:-,-,_ :~
Fee deposited with Town Treasurer: 1 QjBy: aiver requested?:~ Gran 00: ,-,-
Hearing notleo posted with Town Clerk: 12'fK.1i- Mailed: SJ!SJ!.i I&M: t/ 27 <<2'1& ~13J 125:/
Hearing(s) held on:-'_'--, Opened on:---1~_ Continlled. to:-'_'_ Withdrawn?:-'-'_
DECISION DUE BY: , I Made: I / Filed wrrown Clerk: I I Mailed: I I
---- --- --- ----
ftr,.",YC,'YlU.1 A 'P'Pti' A. , ,li'n')~ I , SUPERIOR COURT: LAND COURT Form 4'03/03
............
" BUilDING-STRUCTURE INVENTORY FORM I SURVEY!
NANTUCKET HISTORIC DISTRICT COMM ISSION I ~;~,~~~~:~#: c~'C- >f-, -;:::<'0\-
NANTUCKET, MASSACHUSETIS ~
'.
?!,t Recorded By:
t\:c<=:'(i.-;>
Date: ~ Organization: ~-\CC
lDENTIF1CATION:
1. STREET NAME & NO.: .::20 \.'(\~ \8 ~~.
\Oqf (\
3. OWNERSHIP: 0 a. public 0 b~ private
2. BUILDING NAME:~enC'"n ,':,
-., I - .
4. PRESENT OWNER:(' ,:' :",::~: i'~ ~,"~'
: -::'-.1-" '\
--... )
~. '. ~ .,
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5. OWNERSHIP HISTORY: (include owner names, date(s) of ownership, and information source)
6. USE:
Original:
o a. seasonal
present:~~(\
o b. year-round
7. ACCESSIBILITY TO PUBLIC:
Exterior visible from public road:
interior accessible, exp'ain:-~
/'
o a. Yes
o b. No
~iEi%~I.'. ",:
-f- I '. ~'
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f'~"fi- - " '
~~,W1~;;
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1ff&-%;i
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, 3CRlPTION:
10. FOUNDATION
o a. brick 0 b. rubbles tone
o c. concrete
11. STRUCTURAL SYSTEM
o a. post-and-beam
o b. balloon wood frame
o d. other: ,A\ .e.j\,(\.....[ (<.
o c: masonrf load-bearing walls
o d. other:
12. EXTERIOR WALL fv1ATERIAL: Front Facade:
~ shingles. weathered 0 c. brick
o b. shingles. painted 0 d. clapboard
o g. other:
13. EXTERIOR WALL MATERIAL: Side Elevations:
0../ shingles. weathered
o b. shingles. painted
o
o e. board and batten
o f. flush boarding
o c. brick
o d. clapboard
g. other:
o e. board and batten
o 1. flush boarding
14. EXTERIOR WALL MATERIAL: Rear Elevation:
~c(' shingles. weathered 0 c. brick
o b. shingles - painted 0 d. clapboard
. 0 g. other:
15. NUMBER OF STORIES:
':? ~/ 1
~. 1 1/2
Q./{ gable
o b. gambrel
o c. 13/4
o d. 2
o e.
o f.
board and batten
flush boarding
o e. 21/2
o f. 3
16. ROOF SHAPE:
o c. hip
o d. shed
17. ROOFING MATERIAL:
~ composition shingle
13. ROOF FEATURES:
o a. roof walk
o b. dormers on street facade
0-(;. ........-dormers on side elevations
o d. dormers on rear elevation
o i. other:.
o g. other:_
o e. other:
o b. weathered cedar shinge
o c. slate
o e. balustrade
o f. skylight
o g. roof hatch
o h. cupola
----_.~-
19. DORMER ROOF(S):
o a. gable 0 b. hip
20. CHIMNEY MATERIAL:
o a. brick, unpainted
o b, brick, painted
o c. shed
o d. other:~~--
o c. brick, parged
o d. rubblestone
o e. concrete block
o f. metal
21. CHIMNEY POSITION:
o a. center 0 b. oH-center 0 c. end wall 0 d. other: ----,--
22, NUMBER OF CHIMNEYS: 0 a, one
o b. two
o c. three
o d, other:
23. CHIMNEY FEATURES:
o a, corbelling
o b. chimney pols/Q'.'I'ls
o c. pilastered
24, FRONT/PRIMARY DOOR LOCATION:
o a. center
/
E) b. off-cenler \
2.
, ,.:,(,.
25. FRONT/PRIMARY DOOR FRAME FEATURES:
(check several 0 a. sidelighfs
if appropriate) 0 b. transom
o c. plank frame
Q..-d~ flush frame
o e. Federal ),
26. NUMBER OF SAYS:
o a. three
GYb. four
27. WINDOW FRAME TYPE: cw(' flush
o b. plank frame
28, WiNDOW SASH TYPE(S). FRONT FACADE:
o a. 12/12
o b. 9/9
o c. 6/6
29. PORCH:
o f.
o g.
o h.
Oi.
OJ.
o c. five
o d. NlA
o e. other:
fanlight
blind fan
Greek Revival
recessed
h ...~, .i
ot er: C ('I... f'( c\
\'l
o c. bull-nose
o d. other: .
o d. 212
o e. casement
o f. other: LI 11.., r (I t;_ r', . /^, " I.,
o a. front 0 b. side
0'{ comer boards (plain)
o b. corner boards (beaded)
o c. corner board (single)
o d. entry stairs w. balustrade
o i. other:
30. D ET AILS:
(check several
if appropriate)
31. CONDITION:
o a. excellent
O/t(' good
32. INTEGRITY:
o a. original site
Major alterations or additions:_
(with dales if known)
SIGNIFICANCE:
33, ROLE -p.iE BUILDING PLAYS:
csf a. individually significant
.' ~ I...
~;;
o c. wrap
o e.
o f.
o g.
o h.
blinds
watertable
pilasters
trellis
o c. fair
o d. deteriorated
o b. moved if so, when?:
o b. contributing
o c. non-contribu1ing
DATE OF INITIAL CONSTRUCTION: _____--- SOURCE:
ARCHITECT: -____________________________
BUILDER: --,
34.
35, BUILDING TYPE:
o a. box
o b, additive
o c. gable front
o d, gable ell
3.
Oe. side-gabled
o f. other:_________
)TYLE OF ARCHITECTURE:
o a. pre-1750, 21/2-story Lean.to
o b. post-1750,1 314-story Lean-to
o c. Typical Nantucket 4-ba,'
o d. 1 3/4 story, 3.bay
o e. Federal
o f. Greek Revival
o g. Gothic Revival
o h.
OJ,
OJ.
Ok.
01.
)0
Om.
On.
o o. other:
Italian ate
Second Empire
Queen Anne
Colonial Revival
Shingle style
Bungalow
Four Square
37. HISTORICAL AND ARCHITECTURAL IMPORTANCE: ______,_,_
38. SOuRCES:
o a.
o b.
o c.
o d.
o e.
o f.
o g.
o h.
Oi.
Registry of Deeds:
Assessor's Records: --______________________
Lancaster, The Ar.c.hiteclure of Historic NantUcX$1, page:
H. C. Forman, Early Nantucket & lis WhaiinQ Houses, page: ----
Sanborn Maps, date:
NHA photos: __
HABS research:
NHA piaque records:
other: -
GENERAL SETTING AND ORIENTAT!ON OF BUILDING:
39. LOT SIZE:
o a. 1/2 acre or less
o b. 1/2 acre or more: ______
40. APPROXiMATE FRONTAGE: ____ feet
41. SETBACK FROM STREET:
o a. at sidewalk
o b. 10 feet or less
o c. 20 feet or less ,
o d. other: .-.'"
, ~.
-, "\. .'" (
42. OFHENTATION TO STREET ADDRESS: 0 a. gabled 0'b. ridge parallel 0 c. other:____
43, SURROUNDINGS:
(check several
if approprialG)
/'
0.- a. densely built-up
o b. scattered buildings
o c. open land
0-0. residential
o HI' commercial
([y/1. old historic district
44. RELATED OUTBUilDINGS AND PROPERTY:
See form(s): - ...------------'-----
o a.
o e.
Oi.
Om.
barn
carriage house
garage
scaliop shanty n.
o b. privy 0 c. shop 0 d. arbor
o 1. shed 0 g> gardens 0 h. deck
o j. greenhouse 0-,1<'. fence Cy( parking
landscape features: _______ o. other: ~~--~--
(Building 01 site including
inleiior fealures if known)
45. OTHER NOTABLE FEATURES:
------_.~~._~._--------_.-
w.__..____._.__~__....,__.___
------_._------.----_._-------------~-------
4.
Revl,>ion 5/89 P.AF M,F
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c CERTIFICATE NO: Ll30L\l-\ I; I DATE'SSUE6:~IJ+""I
-" Application to the HISTORIC DISTRICT COMMISSION, Nantucket, Massachusetts, for a
CERTIFICATE Of:APPROPRIATENESS
for structural work,
All blanks must be filled in uslng.BLUE OR BLACK INK (no pencil) or marked N/A, .
NOTE: It Is strongly recommended thst the applicant be famlllsr with the HDC guidelines, Building with Nantuclcet In Mind, prlorte submittal of application,
Pleass Sse other side for submltt.al requirements. Incomplete applications will not be reviewed by the HDC.
This is a contractual agreement and must be filled out in Ink, An l!PPlication is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 of the Acts and .
Resolves of Mass,. 1970, for proposed work as described herein and -on plans. draWings and photographs accompanying this application and made a part hereof by reference,
The certificate is valid for three years from date of Issuance, No structure may differ from the approved application, Violation may impede issuance of Certificate of OccupanCy,
DESCRIPTION OF WORK TO BE PERFORMED
See reverse for required documentation,
o Garage/Apartment 0 Commercial 0 Historical Renovation 0 Deck
Paving 0 Move Building 0 Demolition 0 Revisions to previous Cert, No,
FOR OF,FICE UjE ONLY
Date application received: :/2 (dot!-
Must be acted on by: '5/..:4:1:
Extended to:
Approved:
Chairman:
Member:
Member:
Member:
Fee Paid: $ ~
PROPERTY'DESCRIPTlON
TAX MAP NO; -1?~ PARCEL NO, 01.2-
Street & Number of Proposed Work: 20 T[lflJ ri $J'rpcd::::.
Owner of recordOd-1~ }t\?;NrJJPrn~/(l~
Mailing Address: J~~~4--r::~n ~
Telep~!r I :f04.~~ ~~~;) I;;:;:;)
AGENT INFORMATION (If applicable)
Name: ~/7.s /!<i"'; /N'C-
Mailing Address: ~,( ~3
/V~7Z.I.::.KCT c:1JX""-,<J
Telephone: ..5z:;e,.,lzj.. &9.0(on island) (off island)
.~
o New Dwelling 0 Addition
. 0 Color,Change q Fence
'I . -, ,~~ther (please specify)
.:~ "~Ize pf Structure or Addilion: t. th'-!:::; -:s 0,' ~q, Footage 1 sf-floor:
,. 1'~~Wldth::t.14/."J 'Sq;footage2ndfloor:,
t~~, ' , _ Sq. footage, 3rd floor: ;
I .,_,Difference between existing g e andproposed finish grade~ NO~ ~ ~"70uth I (I/d.
I .'. ;Helght of ridge above final finish !}fade: North' 1;. .1 () -1 Soull) + 2f) ..f J East
, ~"1;'t~~ ~ ,<!y.,,,,,,, U..,_..,
i :' Historic 'fY\..e- ~'d . ' '(ae~C~be) 2, South Ele~alion
"~I Original Date: :4.'. L ~ . . J---- " <=>00
' lI'Y""VVVI U 3, West Elevation
liOrlglnal Builder:, [.AIh ~.~ 4, North Elevation
I ", Is there an HDC survey form for this building? ~s 0 No i
, " *qloud on m.avlings and submit photpgraptls of existing elevl!tions.
jl . DEtAIL OF WORK TO BE PERFORMED / ,. ,
Foundation: Height Exposed .:t '8 0 Block 0 Block parged 0 Brick (type) , u.r;r~Jfr;p~ .. j~ ~ ~
.~ Masonry Chimney: 0 Block Parged 0 Brick (type) ry a., 0 Other ~ ~:-. V' . ;] S
Roof Pitch: Main Mass ----.112_ Secondary Mass ----.112_ Dormer----.112_ Other /
Roofing material: 5i'Asphalt Manufacturer fI!() e.t' ~ $-171.6 Fence: Height.
o Fiberglass Manufacturer . Length:
o Wood (Type: Red Cedar, White Cedar. Shakes. etc,) Type:
nfh::. _ A rl /I
Skylights (flat only): Manufacturer C'" f ""''''Y L.'- Model No, \(\I1QO(,A.. ....... Size
Manufacturer Model No, Size
,Gutters: 0 Wood (type) frj (\. n;t 0 Aluminum
\ leaders (material and size): . d ,
Sidewail: ~!te cedar shingles 0 Clapboard (exposure:
o Other
Trlm[ Lumber type 0 Pine 0 l}edWood ~edar 0 Other
Treatment 0 Paint 5rlitaln-soild 0 Natural to weather 0 Clear 011 flnish
, .. Dimensions:. ( , _, ,.J,.fllllfl~ Rake '.' .. Soffil (Overhang)
1o~~ ~ ~M~J~/ft~~orFrame
. Windows: CY60uble H-ung- ~casement ~I~II Wood 0 lbJIeri __
~rue Divided L1ghts(munb~'~ed ~Ivl~g~ts) ?11&hJ~
r ~:typeandmaterial): Front, ~(.. ~. '5' f14"'s1
B . ..Ooor(s):, Type~ ____ --'---'- at 'al__ 0
Landscape materials: Drive~
. Note: Complete door and window schedules are required,
o Steps
o Shed
Decks:
Size: 1'1/~
Size: -I--
East nI~
;t /0'4 II
West
West 01d
..;k ;UJ '4 II
o 1 st floor 0 2nd floor
o 1 st floor 0 2nd floor
location
Location
o Copper
Inches)
Front only
Comer boards
Posts: Round _S!luare_
-~~
":Js~ ~~
Walls ---tf
I~~ jop~
Iii ~ Shutters ~
COLORS
~~ Jf~W~~S3 :;:-.....-' =.
Deck fi~ - Foundation ~ 4<('@{j /~ Jence
* Attach m ufacturer's color samples, ~ ~ -7
I hereby authorize the agent named above to act on my behalf to make changes In the specifications or the plans contained In this application In order to bring the
appliCatiOn. Into co. mPil~e w. ilh tile H.DC gul eilnes, I hereby agree to abide by anct.. comP'dJ3IY. with the terms and conditions of this application, I.here.b. y.a. g. reeth. at the
aubmlsslon of any Je~ I/s Jp.tIJis ap i1catio wiillnltlate a new sixty-day review PJttlPd, I rJ n n 0 Q
DlIle I1tI ~/rJt I~ I ~ Slanllture of owner of record (f/ aJ1 '/KJ;rY&. SlllnedJ!n!ler.pen!!.~les of DSrturv
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MINIMUM LOT SIZE ~ "..>0 s.F.
MINIMUM FRON'IAGE: Sit> /
FRONT YARD SETBACK: /IN "'€
REAR & SIDE SETBACK:.s I
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, '
RECEIVED
BOARD OF ASSESSORS
APR 2 1 2004
TOWN OF
NANTUCKET, MA
Town of Nantucket
1; / !:-tJtJ
pLANNING BOARD
(SPECIAL PERMIT)
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
~;)' (''''''
.'.f .,' ,',"." " I /' .-"';C' ';
. '/,. .,/ ) '//1/ Ii. _ 'i/ ~ - /'L; _ D - '-
PROPERTY OWNER.... . ...1O.L.01OJ.J,c~B}1G.1.~:t:f.... N[)>};6
/) -. . ' ..' 1H' ~- k I ( f
.- ')]} ''3 )-L-U...J' ') j---- 1
MAILING ADDRESS....,....:6G,.,..,....~...f-... ...' ~a&:....r0 ..... t~_, , I
2L.......]} '(h' 0 -'). c.::?"
) <",- - L"..J:) --
PROPERTY LOCATION..... ...... '~/..b... -:e-f!~G.'.......... ,- .
,~(/ ~
ASSESSORS MAPiP ARCEL <i.. :23.1....,?.......... .' ..
... /7 .~. f\ I I /)?\ -1" 1\ ;1J.-..-.) Cl. " /) .<':-<7YL-) ('j ror),o<:(
APPLICANT. .'. . L64~..l. ~. ~~y.~. ~. ..', .:C ;/X.~, (.)'. /...-:,. .,. .., LXi. '\ t::::-YC) ,
SEE ATTACHED PAGES
I certify that the foregoing is a list of 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, all as they' appear on
the most recent applicable tax list (M.G.L. c. 40A, Section It Zoning Code Chapter 139,
Section 139-29D (2)
~Hg~'Hi?PtJ t/
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r~~tL.H
DATE
ASSESSOR'S OFFICE
Town of Nantucket
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"'"ORATEQ.,.",
'I'.t..",,\\
Town of Nantucket
...
OFFICE OF THE
TOWN CLERK
Catherine Flanagan Stover, CMC, CMMC
Town Clerk
16 Broad Street
NANTUCKET, MASSACHUSETTS 02554-3590
(508) 228-7217
FAX (508) 325-5313
Home: (508) 228-7841
Email: twncIerk@nantucket.net
...
HUGHES ET AL V TOWN OF NANTUCKET ZBA
I, Catherine Flanagan Stover, duly elected Clerk of the Town of Nantucket, hereby certify,
pursuant to Massachusetts General Laws Ch. 40A, s. 17, that twenty (20) days have elapsed after
the foregoing decision was filed with my Office, and state further that appeals were filed; and
that all of such appeals have been dismissed or denied, as evidenced by Clerk's Certificates on
file in this Office,
Signed and certified this 8 TH day of May, 2006, under my hand a d seal,
I
*\
Commonwealth of Massachusetts
County of Nantucket
The Superior Court
CIVIL DOCKET# NACV2004-00036
RE: Hughes et al v Town of Nantucket Zoning Board of Appeals et al
TO:Joseph M Guay, Esquire
108 Surfside Rd
PO Box 1294
Nantucket, MA 02554
ORDER FOR ENTRY OF DISMISSAL NISI
The above entitled action came on before the Court, Richard F Connon, Justice
and thereupon was REPORTED SETTLED to the Court by counsel of record.
Wherefore, it is ORDERED that an AGREEMENT FOR JUDGMENT or
STIPULATION OF DISMISSAL, be filed in the Clerk's office by 06/10/2006.
If said Agreement or Stipulation is not filed by said date the Clerk is hereby
directed to prepare, sign and enter Judgment dismissing the Complaint, and all other
claims, without prejudice and without costs.
Dated at Nantucket, Massachusetts this 11th day of May, 2006
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02664 '\
JUN 0 8 Z006 '. ~,
Patricia R. Church,
Clerk of the Courts
TIME:
CLERK:
~
Telephone (508) 228-2559
ERIOR COURT
NANTUCI<EE:T CSoUpP ~ ATTEST
ATRU 1, -
:....:.;..;-----
cvdnisi_2,wpd 208735 nisi churchpa
COMMONWEALTH OF MASSACHUSETTS
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
TOWN OF NANTUCKET ZONING )
BOARD OF APPEALS, EDWARD J. )
SANFORD, CHAIRMAN, C. RICHARD )
LOFfIN, EDWARD MURPHY, )
MICHAEL J. O'MARA, NANCY J. SEVRENS, )
EDWARD TOOLE, DALE W. W AINE, )
AND DAVID R. WILEY, its members )
and )
KATHLEEN F. LEGG )
(f/k/a KATHLEEN F. HOLD GATE), )
)
)
)
NANTUCKET, SSe
GEORGE A. HUGHES
CHARLES A. HUGHES,
JEAN HUGHES,
JAMES G. HUGHES,
THOMAS J. STACKPOLE, TRUSTEE
THE 5 LEWIS COURT NANTUCKET
NOMINEE TRUST,
MARGO H. HOWES
(f/k/a MARGO H. SMITH), and
BROOK P. MEERBERGEN,
PLAINTIFFS
v.
DEFENDANTS.
SUPERIOR COURT DEPT.
DOCKET NO. 04-36
RECEIVED
TOWN CLERK'S OFFICE
NANruCKET, MA 02S64
JUN 0 8 2005
~
TIME:
CLERK: ~
tfANTUCKET SUPERIOR COURT
A TRUE COPY, ATTEST
r-
, ,
JUN - 7 2006
STIPULATION FOR DISMISSAL
Plaintiffs, George A. Hughes, Charles A. Hughes, Jean Hughes, James G. Hughes,
Thomas J. Stackpole, Trustee of The 5 Lewis Court Nantucket Nominee Trust and Margo H.
Howes (flk/a Margo H. Smith), and Defendant, Kathleen F. Legg (fi. , :
and Defendant, Town of Nantucket Zoning Board of Appeals, througits amedfUdGiIDby
and through their respective undersigned attorneys of record, and pur 'ant 0 the assac
R~les o~ Ci:il Proced~re, Rule 41, hereby stipulate to the dismissal the oJ:8t1}Yl~gr~2.1.l'
WIth preJudIce, and WIthout costs. . '4IUI)
NANTUCKET SUPERIOR,:
COURT CLERK' '
Dated: May /t), 2006
PLAINTIFFS,
George A. Hughes, Charles A. Hughes, Jean
Hughes, James G. Hughes, Thomas J. Stackpole,
Trustee of The 5 Lewis Court Nantucket Nominee
Trust and Margo H. Howes (f/k/a Margo H. Smith),
By Their Attorney,
J e M. uay, Esquire
SurE ide Road
P.O. Box 1294
Na..'1tucket, Massachusetts 02554-1294
Teiephone: 508-825-9099
Facsimile: 508-825-9199
B.B.a. No.: 551814
DEFENDANT,
Town of Nantucket Zoning Board of Appeals,
By Its Attorney,
Kimberly M. Saillant, Esquire
Deutsch Williams Brooks DeRensis & Holland
99 Summer Street
Boston, Massachusetts 02110
Telephone: 617-951-2300
Facsimile: 617-951-2323
B.B.a. No.: 548775
DEFENDANT,
Kathleen F. Legg (f/k/a Kathleen F. Holdgate),
by Her Attorney,
M4
/, es Michael Merberg, E
I 66 Long Wharf
Boston, Massachusetts 02110
Telephone: 617-723-1990
Facsimile: 617-720-5760
B.B.O. No.: 343020
..
Dated: May _,2006
PLAINTIFFS,
George A. Hughes, Charles A. Hughes, Jean
Hughes, James G. Hughes, Thomas J. Stackpole,
Trustee of The 5 Lewis Court Nantucket Nominee
Trust and Margo H. Howes (f/k/a Margo H. Smith),
By Their Attorney,
Joseph M. Guay, Esquire
108 Surfside Road
P.O. Box 1294
Nantucket, Massachusetts 02554-1294
Telephone: 508-825-9099
Facsimile: 508-825-9199
B.B.O. No.: 551814
~
'mberl1 ..~.
Deutsch illi
99 Surnnter Street
J
Boston, Massachusetts 02110
Telephone: 617-951-2300
Facsimile: 617-951-2323
B.B.O. No.: 548775
DEFENDANT,
Kathleen F. Legg (f/k/a Kathleen F. Holdgate),
by Her Attorney,
J ames Michael Merberg, Esquire
66 Long Wharf
Boston, Massachusetts 02110
Telephone: 617-723-1990
Facsimile: 617-720-5760
B.B.O. No.: 343020
COMMONWEAL TH OF MASSACHUSETTS
SUPERIOR COURT DEPT. , _..
DOCKET NO.Ot.f.- 3\LJ
NANTUCKET, SS.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
TOWN OF NANTUCKET ZONING )
BOARD OF APPEALS, EDWARD J. )
SANFORD, CHAIRMAN, C. RICHARD )
LOFTIN, EDWARD MURPHY, )
MICHAEL J. O'MARA, NANCY J. SEVRENS, )
EDWARD TOOLE, DALE W. W AINE, )
AND DAVID R. WILEY, )
as the duly appointed members )
iliereo~ )
and )
KATHLEEN F. LEGG )
(f/kJa KATHLEEN F. HOLD GATE), )
)
)
)
GEORGE A. HUGHES
CHARLES A. HUGHES,
JEAN HUGHES,
JAMES G. HUGHES,
THOMAS J. STACKPOLE, TRUSTEE
THE 5 LEWIS COURT NANTUCKET
NOMINEE TRUST,
MARGO H. HOWES
(f/kJa MARGO H. SMITH)
and
BROOK P. MEERBERGEN,
PLAINTIFFS
v.
DEFENDANTS.
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COMPLAINT
A. Introduction
This is an appeal under Massachusetts General Laws, Chapter 40A, Section 17, to annul a
decision by the Nantucket Zoning Board of Appeals, Decision No. 035-04 (hereinafter referred
to as the "Decision"), in connection with an Application filed on May 5, 2004, by Defendant/
Applicant, Kathleen F. Legg (fi'k/a Kathleen F. Holdgate). The Plaintiffs are: George A.
Hughes, Charles A. Hughes, Jean Hughes, James G, Hughes, Thomas J. Stackpole, Trustee of
The 5 Lewis Court Nantucket Nominee Trust, Margo H. Howes (f/k/a Margo H. Smith) and
Brook p, Meerbergen,
B. Parties
1. Plaintiff, George A. Hughes, with an address of 4 Lewis Court, Town and County
of Nantucket, Massachusetts.
2. Plaintiff, Charles A. Hughes, with an address of 19 Newtown Road, Town and
County of Nantucket, Massachusetts.
3. Plaintiff, Jean Hughes, with an address of 19 Newtown Road, Town and County
of Nantucket, Massachusetts.
4. Plaintiff, James G. Hughes, with an address of2 Lewis Court, Town and County
of Nantucket, Massachusetts.
5. Plaintiff, Thomas J. Stackpole, Trustee of The 5 Lewis Court Nantucket Nominee
Trust, with an address of 5 Lewis Court, Town and County of Nantucket,
Massachusetts.
6. Plaintiff, Margo H. Howes, (flk/a Margo H. Smith), with an address of3 Lewis
Court, Town and County of Nantucket, Massachusetts.
7. Plaintiff, Brook P. Meerbergen, with an address of9 Lewis Court, Town and
County of Nantucket, Massachusetts.
8. Defendant, Town of Nantucket Zoning Board of Appeals, is the duly appointed
Zoning Board of Appeals in and for the Town of Nantucket charged, inter alia,
with authority to hear and decide applications for variances and special permits
under the provisions of General Laws Chapter 40A, et seq. The individual
members or associate members of the Nantucket Zoning Board of Appeals, and
their names and addresses are as follows:
Edward J. Sanford, Chairman, an individual with an address of
3 Mill Street and 5 South Beach Street, Nantucket, Massachusetts 02554;
C. Richard Loftin, an individual with an address of 36 Madaket Road and
16 Easy Street, Nantucket, Massachusetts 02554-0602;
Edward Murphy, an individual with an address of 3 Spring Street,
Nantucket, Massachusetts 02554;
Michael J. O'Mara, an individual with an address of240 Polpis Road,
Nantucket, Massachusetts 02554;
Nancy J. Sevrens, and individual with an address of2 Vesper Lane,
Nantucket, Massachusetts 02554;
Edward Toole, an individual with an address of 28 Burnell Street,
Siasconset, Massachusetts 02564;
Dale W. Waine, an individual with an address of 11 Bishop's Rise,
Nantucket, Massachusetts 02554; and
David R. Wiley, an individual with an address of 68 Union Street,
Nantucket, Massachusetts 02554.
9. Defendant, Kathleen F. Legg, (f/k/a Kathleen F. Holdgate), is an individual with a
last known residence of 17 Keel Lane, Nantucket, Massachusetts, and is the
owner ofthe real property known and numbered as 14 Lewis Court, Nantucket,
Massachusetts, which property is the subject locus of this Complaint on appeal.
C. Jurisdiction
10. This Complaint on appeal from Decision No. 035-04 by the Nantucket Zoning
Board of Appeals, is taken pursuant to the provisions ofM.G.L. Chapter 40A, Section
17. A certified copy of the Nantucket Zoning Board of Appeals Decision No. 035-04, is
attached hereto marked Exhibit "A" and incorporated by reference herein.
D. Facts
11. On May 5, 2004, Defendant/Applicant, Kathleen F. Legg, (hereinafter referred to
as "Legg"), filed an Application before the Nantucket Zoning Board of Appeals
(hereinafter referred to as the "Board"), wherein Legg sought relief from the Board for
issuance ofa variance under Nantucket Zoning By-law, Section 139-16A, to validate an
existing lot of land located at 14 Lewis Court, Nantucket, Massachusetts, (Lot 49, Plan
Book 18, Page 52), (hereinafter said Lot 49 is referred to as the "Locus"), as a separately
marketable and buildable lot for all purposes under the Residential-1 0 (R-1 0) Zoning
District.
12. Plaintiffs are abutters and neighbors ofthe subject Locus (Lot 49) owned by Legg
with residential addresses as follows: George A. Hughes (4 Lewis Court), Charles A.
Hughes and Jean Hughes (19 Newtown Road, 16 Newtown Road, 17 Newtown Road, 20
Newtown Road and 11 Fairgrounds Road), James G. Hughes (2 Lewis Court), Thomas J.
Stackpole, Trustee of The 5 Lewis Court Nantucket Nominee Trust (5 Lewis Court),
Margo H. Howes (f/k/a Margo H. Smith)(3 Lewis Court) and Brook p, Meerbergen (9
Lewis Court); (hereinafter the above-named parties are collectively referred to as the
"Plaintiffs").
13. On March 13, 1972, at the Annual Meeting ofthe Town of Nantucket, the residents
ofthe Town of Nantucket, by majority vote, enacted and adopted the Nantucket Zoning
By-laws. The Zoning By-laws created certain zoning districts and Section V, Intensity
Regulation, provided certain zoning requirements for the creation of "buildable lots"
including, in pertinent part, a minimum frontage of seventy-five (75.00 feet), for any lot
located within the zoning districts designated as "Residential" and "Residential, Old
Historic",
14. Prior to AprilS, 1972, [and at the time of enactment ofthe Nantucket Zoning By-
Laws adopted on March 13, 1972] the Locus was a portion of three (3) contiguous lots
owned by George Reith and Marion Reith, such lots being shown as Lots 28 and 28A, on
a plan filed in Plan Book 16, Page 10, at the Nantucket Registry of Deeds and, Lot 29
shown on a plan filed in Plan Book 16, Page 61, at said Registry of Deeds.
15. On AprilS, 1972, by Deed recorded with the Nantucket Registry of Deeds at Book
137, Page 134, George Reith and Marion Reith transferred and conveyed the three (3)
contiguous lots referred to in Paragraph 14 to Ursula M. Holdgate
16. By plan dated February 12, 1973, as shown in Plan Book 18, Page 52, filed at the
Nantucket Registry of Deeds, Ursula M, Holdgate, as owner of the three (3) contiguous
lots referred to in Paragraph 14 above, obtained approval from the Nantucket Planning
Board (Approval Not Required Under Subdivision Control Law) to reconfigure the three
(3) contiguous lots into two (2) parcels, namely: Lot 50 and Lot 49 (Locus), as shown on
the aforementioned plan.
17. Lot 50, as shown in Plan Book 18, Page 52, was conforming to the current zoning
requirements.
18. Lot 49 (Locus), as shown in Plan Book 18, Page 52, was conforming as to area but
was non-complying as to the frontage requirement. The existing frontage of Lot 49
(Locus) on a way shown as Lewis Court on said plan was (and is) 12.64 feet, equal to 17%
of the seventy-five (75.00) feet frontage requirement under current zoning.
19. Ursula M. Holdgate held title, in common ownership, to Lot 50 (conforming/
complying as to zoning) and Lot 49 (Locus)(non-conforming/non-complying as to zoning)
effectively merging Lot 49 (Locus) with Lot 50.
20. On February 27, 1973, by Deed dated February 16, 1973, recorded with the
Nantucket Registry of Deeds in Book 140 Page 338, Ursula M. Holdgate transferred and
conveyed Lot 49 (Locus) to Kenneth W. Holdgate, Jr. and Kathryn J. Holdgate,
21. On September 19, 1977, by Deed dated August 15, 1977, recorded with the
Nantucket Registry of Deeds in Book 160, Page 193, Kenneth W. Holdgate, Jr, and
Kathryn J. Holdgate transferred and conveyed Lot 49 (Locus) to Kathryn J, Holdgate; and,
thereafter, on December 19, 1977, by Deed dated December 7, 1977, recorded with the
Nantucket Registry of Deeds in Book 161, Page 272, Kathryn J. Holdgate transferred and
conveyed Lot 49 (Locus) to Kenneth W. Holdgate, Jr.
22. On December 19, 1977, by Deed dated December 7, 1977, recorded with the
Nantucket Registry of Deeds in Book 161 Page 271, Ursula M. Holdgate transferred and
conveyed Lot 50 to Kenneth W. Holdgate, Jr.
23. From December 19, 1977 until January 19, 1984, Kenneth W. Holdgate, Jr. held all
right, title and interest (common ownership) in Lot 50 (conforming/complying as to
zoning) and Lot 49 (Locus)(non-conforming/non-complying as to zoning) which
effectively merged Lot 49 (Locus) with Lot 50.
24. On January 19, 1984, by Deed dated January 19, 1984, recorded with the Nantucket
Registry of Deeds in Book 210, Page 24, Kenneth W. Holdgate Jr. transferred and
conveyed Lot 49 (Locus) to Kathleen F. Holdgate (now known as Kathleen F. Legg, the
Defendant/Applicant).
25. Lot 49 (Locus), as shown in Plan Book 18, Page 52, at the time of its
configuration/creation on February 12, 1973, was non-complying with the zoning frontage
requirement and Lot 49 (Locus) has continued to be non-complying through the chain of
title ownership set forth hereinabove. Moreover, Lot 49 (Locus) effectively merged with
Lot 50 when said lots were held in common ownership by Ursula M. Holdgate and
thereafter by Kenneth W. Holdgate, Jr.
26. On February 8, 1984 an unsigned and undated Application for Building Permit No.
3348-84 was received by the Building Department ofthe Town of Nantucket for
construction of a two bedroom single family dwelling on Lot 49 (Locus). The owner of
record at such time was Legg (f/k/a Kathleen F. Holdgate). The Legg application for a
Building Permit stated that the frontage of Lot 49 (Locus) on Lewis Court was fifteen
(15.00') feet. In fact, Lot 49 (Locus) as shown in Plan Book 18, Page 52, shows the
frontage to be 12.64 feet on Lewis Court and on said Application for a Building Permit the
Nantucket Building Commissioner identified Lot 49 (Locus) as being located in the R-10
Zoning District which required a minimum frontage of seventy-five (75.00) feet.
27. Notwithstanding the fact that Lot 49 (Locus) was non-complying as to the seventy-
five (75.00) feet zoning frontage requirement, the Town of Nantucket Building
Department issued a Building Permit for construction on Lot 49 (Locus) and, thereafter
the Building Commissioner for the Town of Nantucket issued Certificate of Occupancy
No. 3348-92 dated April 24, 1992.
28. On August 12,2004, the Nantucket Zoning Board of Appeals issued Decision No.
035-04, granting Defendant/Applicant Legg relief by variance under Zoning By-law,
Section 139-16A, on the Application submitted by Legg dated May 5,2004, in connection
with Lot 49(Locus).
E. Law
29. The Nantucket Zoning By-law, Section 139-32A, provides that:
"The Board of Appeals shall have the power to grant upon appeal or petition, with
respect to particular land or structures, a variance from the terms ofthe Zoning
Bylaw where the Board of Appeals specifically finds that owing to circumstances
relating to the soil conditions, shape or topography of such land or structures and
especially affecting such land or structures but not generally the zoning district in
which it is located, a literal enforcement of the provisions ofthis Zoning Bylaw
would involve substantial hardship, financial or otherwise, to the petitioner or
appellant, and the desirable relief may be granted without substantial detriment to
the public good and without nullifying or substantially derogating from the intent
or purpose of such bylaw."
The Nantucket Zoning By-law, Section 139-16A, provides, in pertinent part, that:
District R-10:
Lot Area:
Front Setback:
Side/Rear Setback:
Frontage:
Ground Cover Ratio:
10,000 sq. ft.
20 ft.
10 ft.
75 ft.
25%
F. Procedure/FindiDl!s/Decision hv the Zonin2 Board of Appeals
30, Plaintiffs restate and re-allege all allegations contained and set forth in the
aforesaid Paragraphs 1- 29, as ifmore fully set forth herein.
31. The action of the Board was erroneous, arbitrary and capricious in that the Board
failed to make an essential and specific finding necessary to grant a variance to the
Applicant as required by Zoning By-law Section 139-32. Defendant/Applicant (Legg),
through counsel, failed to make any claim or representations that there existed any
circumstances relating to soil conditions, shape or topography of the Locus such as would
allow a finding to be made by the Board in favor of the Defendant/Applicant. Moreover,
at no time during the course of the hearing on Legg's Application and at no time during
the vote by the Board on said Application, did the Board voice or issue any findings as to
circumstances relating to soil conditions, shape or topography of the Locus.
32. The action of the Board was erroneous, arbitrary and capricious in that the Board
improperly considered and wrongfully relied upon irrelevant circumstances/conditions to
support the Board's grant of a variance which was outside of the limited permitted scope
of Zoning By-law, Section 139-32. In its Decision, the Board states in Paragraph 5 that
"In addition to the "pork chop shape" there are additional conditions affecting this
property (Locus) to support a grant of variance relief, to wit: a dwelling is already in
existence on the Lot (Locus), pursuant to a duly issued Building Permit issued in 1984, a
Sewer Permit issued in 1984 and Certificate of Occupancy issued in 1992".
33. The action of the Board was erroneous, arbitrary and capricious in that the Board
failed to consider applicable and controlling case law cited to the Board by Plaintiffs'
counsel. Moreover, the Board wrongfully relied upon a case citation made by counsel for
the Defendant/Applicant, namely, the case styled Paulding v, Bruins, 18 Mass. App. Ct.
707 (1984), and broadly represented said case as authority for the proposition that a
Zoning Board of Appeals had the authority and power to grant a variance based solely on
a frontage zoning violation. Furthermore, said counsel for the Defendant/Applicant failed
to advise the Board that the Paulding v. Bruins case stated that there had to be an
accompanying finding based on soil conditions, shape or topography of the land. Copies
ofthe Paulding v. Bruins case were not distributed to the Board or Counsel for the
Plaintiffs for consideration, comment, discussion and/or review.
34. The action of the Board was erroneous, arbitrary and capricious in that the Board
allowed the Defendant/Applicant (Leg g) to submit a Petition in support of her Application
and stated in the Board Decision in Section 2, Paragraph 2, that the "Applicant submitted
a petition with nine signatures from abutters and area residents that were in support of the
grant of zoning relief, stating no specific concern about any restrictions". The Petition
submitted by Defendant! Applicant failed to state whether the signatories were aware that
the subject Locus (Lot 49) was not in compliance as to the current zoning requirement for
frontage and said Locus (Lot 49) was not a buildable lot in that Lot 49 (Locus) had
merged with Lot 50, Moreover, a majority of the signatories on the Petition submitted by
the Defendant/Applicant in support of her Application, do not reside on Lewis Court
which is the sole access to the subject Locus (Lot 49).
35. The action of the Board was erroneous, arbitrary and capricious and the Board
exceeded its authority in that the Board, notwithstanding its finding that the subject Locus
(Lot 49) had merged with adjoining Lot 50, proceeded with the Application submitted by
the Defendant/Applicant and issued its finding that the subject Locus (Lot 49) is a
buildable lot.
36. The action of the Board was erroneous, arbitrary and capricious and the Board
exceeded its authority in that the Board granted variance relief that said Board was not
entitled to grant, namely to validate the subject Locus (Lot 49) as "separately marketable
and buildable". The Board has the authority and power, pursuant to Zoning By-law,
Section 139-32, to grant a variance from the Intensity Regulations under Zoning By-law.
Section 139-16A; however, the Board has neither the authority nor the power to validate a
lot/land, including the subject Locus (Lot 49) as "separately marketable and buildable",
especially since the Board found that Lot 49 (Locus) had merged with adjoining Lot 50,
37. The action ofthe Board was erroneous, arbitrary and capricious and the Board
exceeded its authority in that the Board granted variance relief that said Board was not
entitled to grant, namely to permit the Defendant/Applicant (Legg) to increase (double)
the ground cover of the existing dwelling on the subject Locus (Lot 49) notwithstanding
the fact that the Board had found and determined that said Locus had merged with
adjoining Lot 50 rendering same an unbuildable lot.
38. The action ofthe Board was erroneous, arbitrary and capricious in that the Board
failed to address or otherwise ignored the objections and comments by the aggrieved
Plaintiffs, as represented through counsel, in connection with concerns of increased
vehicular and pedestrian congestion on Lewis Court which is the sole access to the subject
Locus (Lot 49) and the Board failed to take into consideration that the variance relief
granted by the Board in its Decision would create a substantial detriment to the aggrieved
abutters and neighboring property owners accessing their property by way of Lewis Court.
G. Conclusion
39. Plaintiffs, jointly and severally, claim to be aggrieved by the action of the
Nantucket Zoning Board of Appeals in Decision No. 035-04, and hereby submit their
Complaint on appeal therefrom.
40. Plaintiffs state that:
a, The Board, in the course of hearing Defendant/Applicant's Application for
relief by variance under Nantucket Zoning By-law, Section 139-16A
(Intensity Regulation), did not make specific findings as to each and every
element necessary to grant relief by variance as required therein;
b. The Decision by the Board exceeds the authority ofthe Board; and
c. The Decision by the Board is based on legally untenable grounds and is
otherwise arbitrary and capricious.
WHEREFORE, for the aforesaid reasons, Plaintiffs, respectfully request this Court, after
hearing on the above appeal, find, adjudge, declare and Order:
a, That the Plaintiffs are aggrieved parties;
b. That the Decision by the Nantucket Zoning Board of Appeals, Decision
No. 035-04, exceeds the authority of the Board and/or was arbitrary and
capncIOus;
c. That the Decision by the Nantucket Zoning Board of Appeals, Decision
No. 035-04, be entirely annulled; and
d. Grant all other relief as the Court deems just and appropriate including
awarding Plaintiffs costs.
Dated: August 1...3/ , 2004
George A. Hughes, Charles A. Hughes,
Jean Hughes, James G. Hughes, Thomas
J. Stackpole, Trustee of The 5 Lewis Court
Nantucket Nominee Trust, Margo H. Howes
(f/k/a Margo H. Smith) and
Brook P. Meerbergen, Plaintiffs,
By Their ttorney,
eJ
Q
,
Michael Pearson, Esquire,
Of Counsel to Law Office of Joseph M. Guay
B.B.O. No.: 659397
108 Surfside Road
P.O. Box 1294
Nantucket, Massachusetts 02554-1294
Telephone: 508-825-9099
Facsimile: 508-825-9199
[PLAINTIFFS HEREBY REQUEST TRIAL BY JURY]
VERIFICATION
The undersigned states that he has read all of the provisions, paragraphs, and allegations
set forth in the foregoing Complaint and further states that said Complaint is true and accurate to
the best of his information and knowledge.
Dated: Augustg_L, 2004
GEORGE ALAN HUGHES
4~g
/ orge Alan H ghes.
VERIFICATION
The undersigned states that he has read all of the provisions, paragraphs, and allegations
set forth in the foregoing Complaint and further states that said Complaint is true and accurate to
the best of his information and knowledge.
Dated: August ,)-7 , 2004
CHARLES HUGHES
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Charles Hughes.
JEAN HUGHES
~~
~Jean H es
VERIFICATION
The undersigned states that he has read all of the provisions, paragraphs, and allegations
set forth in the foregoing Complaint and further states that said Complaint is true and accurate to
the best of his information and knowledge.
Dated: August ;,;/7 ' 2004
JAME9G. HUGHES /'
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/ James G. Hughes ;/
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VERIFICATION
The undersigned states that he has read all of the provisions, paragraphs, and allegations
set forth in the foregoing Complaint and further states that said Complaint is true and accurate to
the best of his information and knowledge.
Dated: August~, 2004
THOMAS J. STACKPOLE
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~.StaCkP-e, Tr"tee
The 5 Lewis Court
Nantucket Nominee Trust
VERIFICATION
The undersigned states that he has read all of the provisions, paragraphs, and allegations
set forth in the foregoing Complaint and further states that said Complaint is true and accurate to
the best of his information and knowledge.
Dated: Augus~, 2004
MARGO H. HOWES
~etff!Y f!i;raJ ~
M rgo owes
(f/k/a Margo H. Smith)
VERIFICATION
The undersigned states that he has read all of the provisions, paragraphs, and allegations
set forth in the foregoing Complaint and further states that said Complaint is true and accurate to
the best of his information and knowledge.
Dated: August 1..1- , 2004
BROOKP.MEERBERGEN
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Brook P. eerbergen. 4'"