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HomeMy WebLinkAbout067-06(Appeal) COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. Land Court Civil Action Miscellaneous No. JEFFREY D. BRYANS, ) Plaintiff, ) ) v. ) } NANCY J. SEVRENS, EDWARD S. TOOLE, } ....~_____.Ml.CHl:\E.L.nJ.Q~~J .J)ALE_ W..... .WAINE.J. . ... and KERIM KOSEATAC, as they are ) members of the NANTUCKET ZONING } BOARD OF APPEALS, ) and } MARCUS SILVERSTEIN, as he is the } Zoning Enforcement Officer of } the Town of Nantucket, ) Defendants. } COMPLAINT Parties 1. The plaintiff, Jeffrey D. Bryans, is an individual residing at 105 Surfside Road, Nantucket, Nantucket County, Massachusetts. 2. The defendants, Nancy J. Sevrens, Edward S. Toole, Michael J. O'Mara, Dale W. Waine and Kerim Kosetac, are all of the members of the Nantucket Zoning Board of Appeals (the "Board of Appeals") who participated in the proceedings which are the subject of this action, and reside at the following addresses, all situated in Nantucket, Nantucket County, Massachusetts: 1 Nancy J. Sevrens 22 Vesper Lane Edward S. Toole 28 Burnell street, Siasconset Michael J. O'Mara 240 Polpis Road Dale W. Waine 11 Bishops Rise Kerim Kosetac 30 North Water street 3. The defendant, Marcus Silverstein (henceforth referred to as the ~ZEO"), is the Zoning Enforcement Officer of the Town ___-----ofNantucket,. ..andhas ..his_principaL-place of.. business at 3] Washington street, Nantucket, in the County of Nantucket. Facts 4. The plaintiff is the owner of the land and buildings situated at and known as 105 Surfside Road, Nantucket, Nantucket County, Massachusetts, approximately shown upon Nantucket Assessor's Map 80 as Parcel 4, by virtue of deed recorded with the Nantucket Registry of Deeds in Book 495, Page 60 (the "Locus") . 5. The Locus consists of a parcel of land containing about 80,035 square feet in land area, improved with a dwelling on which the plaintiff resides, together with a garage containing an apartment. 6. The Locus is situated in a Limited Use General-2 zoning district, in which commercial uses are prohibited under the 2 Nantucket Zoning By-law (the ~By-law"), with an exception which permi ts ~customary home occupations" carried on by the resident of a dwelling upon the premises, with a limitation to 800 square feet of floor area, of which no more than 200 square feet may be in retail use, and with the proviso that any exterior storage must be properly screened. 7. The plaintiff is engaged in the business of renting boats to members of the public, and conducts that activity off- n__---.--P.r:e.mj.-s-e~h-Q.tn J~.b~_ Ncurt:1J.ck.e t WCl.te:r:t:r:OIl.t. n .1\.JthQ1.l9hIl.Q.r:~J:~9-iJ l.lEi~ ~- n ..-. occur upon the Locus, the plaintiff has a small office in his dwelling which he uses to manage the records of his business. Furthermore, the plaintiff stores upon the Locus several of the boats used in connection with his business when they are not in active use, which are well-screened from surrounding roads and properties by natural vegetation. The plaintiff has used the Locus in this fashion since shortly after his father purchased the Locus in 1985. 8. Nantucket is an island surrounded by salt water, and commercial maritime activities are and have long been traditional pursui ts for its residents. Support for these acti vi ties has long been provided with business offices and storage of boats and maritime equipment at the properties containing the residences of its residents who are engaged in these pursuits, which therefore constitute ~customary home occupations" for Island residents. 3 9. By a writing entitled "Notice of Zoning Code Violation and Order to Cease, Desist and Abate" dated May 31, 2006, the ZEO asserted that the plaintiff was 1n violation of various provisions of the By-law, specifically asserting that the plaintiff's use of the Locus constituted a "commercial boatyard". A copy of this Notice is attached hereto as Exhibit A. 10. The plaintiff appealed from the Notice dated May 31, 2006, to the Nantucket Board of Appeals (the "ZBA"), on the basis that the plaintiff's activities upon the Locus constitute a .._--_.._~._-_.~------ customary home occupation. 11. After hearing, the ZBA entered its decision, denying the plaintiff's appeal. A certified copy of this decision, filed with the Nantucket Town Clerk on December 20, 2006, is attached hereto as Exhibit B. 12. The plaintiff 1S aggrieved by the decision of the ZBA, and brings this action under Massachusetts General Laws, Chapter 40A, Section 17, 1n order to appeal therefrom. Wherefore, the plaintiff demands judgment, as follows: (a) Determining that the ZBA's decision denying the plaintiff's appeal exceeded its authority. (b) Annulling the decision of the Board of Appeals. (c) Entering its Order, that the Order by the ZEO 1S determined to be invalid and that the plaintiff's activities upon the'Locus are not in violation of any provision of the By-law. 4 (d) Awarding the plaintiff his costs, including attorneys' fees. (e) For such other and further relief as this Court shall deem appropriate. Respectfully submitted, JEFFREY D. BRYANS By his attorney, L ~----~._~._----_.~------_..._.__._._-,.._--- -. - ..-. rthur I. Reade, ---BBCYW---~'I~34-L--O--- .----.-.. - -.----------_-0.-- Reade, Gullicksen, Hanley & Gifford, LLP 6 Young's Way Post Office Box 2669 Nantucket, Massachusetts 02584 Tel. (508)228-3128 Fax (508}228-5630 air@readelaw.com Dated: January , 2007 FF: \WpB\Bryans\ Complaint. doc 5 Conunonwealth of Massachusetts Land Court Department of the Trial Court Civil Cover Sheet Case No. First Defendant Nancy J. Sevrens City/Town Nantucket FirstPlaintiff Jeffrey D. Bryans LocusAddress/Description 105 Surf!,;jde Road Instructions Part I - To Be Completed by Plaintiff(s)' Counsel: FOR ALL MISCELLANEOUS CASES (EXCEPT cases filed pursuant to Servicemembers Civil Relief Act): 1, Using the list below, please number, with the Number 1, the main cause of action on which you base your complaint. and and 2. Place a check mark next to each other cause of action in your complaint. I1lI No 3. Is this complaint verified? DYes and 4. Are there any related cases filed in the Land Court Department? If yes, please provide the Case No.(s) : DYes IXI No 1 ZAC Appeal from Zoning Board G, L. c. 40A, ~ 17 ZAD Appeal from Planning Board G. L. c. 41, ~ 81BB ZJA Validity of Zoning G, L. cc. 240, ~ 14A, 185, ~ 1 (j Y2) ZEN Enforcement of Zoning G. L. c. 40A, S 7 COT Remove Cloud on Title G. L. c. 240, S 6 - 10 DOM Discharge of Old Mortgage G. L. c. 240, ~ 15 LVT Affirm Tax Foreclosure - Land of Low Value - G. L. c. 60, S 80B MTB Try Title G. L. c. 240, S I - 5 MWA Recover Freehold Estate (Writ of Entry) - G, L. c. 237 MRC Determine Validity of Encumbrances G, L.c.240,S 11-14 CER Enforce Restrictions G. L. c. 240, ~ lOA - IOC MAD Determine Fiduciary Authority G. L. c. 240, S 27 PAR Partition G. L. c. 241 RED Redemption G. L. c. 60, S 76 SP Specific Performance of Contracts G. L. c. 185, S I (k) MBF Determine Municipal Boundaries G. L. c. 42, S 12 MFE Determine Boundaries of Flats G. L. c. 240, S 19 CNC Celtiorari - G. L. c. 249, S 4 MAN Mandamus - G. L. c. 249, S 5 TIRE Trespass to Real Estate Involving Title - G. L. c. 185, S I (0) EQA Equit~ble Action Involving Any Right, Title or Interest in Land G. L. c. 185, S 1 (k) AHA Affordable Housing Appeal G. L. c. 40B, S 21 OTA Other -1- Part II. _ Uniform Counsel Certificate - to be filled out by Plaintiff(s)' Counsel at the time of initial filing. All other counsel shall file within thirty (30) days of initial entry into the case, whether by answer, motion, appearance or other pleading. FOR ALL MISCELLANEOUS CASES (EXCEPT Mortgage Foreclosures under the Servicemembers Civil Relief Act) I am attorney-of-record for: Jeffrey D. Bryans PlaintifflDK<<1Xbmtin the above-entitled matter. If Defendant(s)' Attorney, please provide Case No. In accordance with Rule 5 of the Supreme Judicial Uniform Rules on Dispute Resolution (SJC Rule I: 18) which states in part: " . . . Attorneys shall: provide their clients with this information about court-connected dispute resolution; discuss with their clients the advantages and disadvantages of the various methods of dispute resolution; and certify their compliance with this requirement on the civil cover sheet or its equivalent. . ," I hereby certify that I have complied with this requirement. BBO# 413420 t1d / ~-.Lf N.1~ Signature of Attorney-of-Record Date: Arthur I. Reade, Jr. Please Print Name Exempt Cases: Tax Foreclosures, Mortgage Foreclosures under the Servicemembers Civil Relief Act and all cases related to original and subsequent registration under G. L. c. 185, ~ 1. -2- READE, GULLICKSEN, HANLEY & GIFFORD, LLP SIX YOUNG'S WAY NANTUCKET, MASSACHUSETTS 02554 AR1HUR I. READE, JR., P.C. KENNETH A. GULLlCKSEN MARIANNE HANLEY WHITNEY A. GlFFORD (508) 228-3128 FAX: (508) 228-5630 MAILING ADDRESS POST OFFICE BOX 2669 NANTUCKET, MASS. 02584 January ~, 2007 BY HAND DELIVERY Catherine Flanagan stover, Town Clerk Town of Nantucket Town and County Building Federal and Broad streets Nantucket, Massachusetts 02554 ~ -\ O. ".:O!e ,.. ~ , ,l:::>. ~ u Re: Board of Appeals File No. 067-06 Jeffrey D. Bryans, Appellant ....... .:..:. ....... Dear Catherine: Pursuant to Massachusetts General Laws, Chapter 40A, Section 17, notice is hereby given that I have filed a Complaint in the Land Court to appeal from the action of the Board of Appeals in denying relief, on behalf of the applicant in this matter. As required by the statute, a copy of the Complaint is delivered to you herewith. This action is now pending in the Land Court in Docket No.07 MIse 336572. Kindly time and date stamp the enclosed copy of this letter upon its face in order to signify your receipt hereof. Thank you. I~t Reade, Jr. airldreadelaw. com AIR/irv F:\WpB\Bryans\Town Clerk 01 LTR.doc EXHIBIT "A" BUILDING AND CODE ENFORCEMENT DEPT:' TOWN BUILDING ANNEX 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Telephone 508-228-7222 Tele Fax 508-228-7249 Notice of Zoning Code Violation And Order to Cease, Desist, and Abate Mr.fMrs./Ms. Jeffrey Bryans of 105 Surfside Rd., and all persons having notice of this order: . As owner/occupant of the premises/structures located at 105 Surfside Rd. (Map# 80, Parcel#-4), you are hereby notified that you are in violation of the Nantuck~t Zoning Code ~~139-6, -12B(2)k, -26 and -28 and are ORDERED this date, 05/31/06, to: __.__.__ _l;__-IMMEDIAffiI:;Y-CEA-SE1\NDDESISTalrroncti:ons-coiill.ecfe<lWitlilliis. violation on, or at, the above mentioned premises. Summary of Violation I139-6: Improper use ofland within the Limited Use General-2 (LUG-2) zoning district: commercial boatyard. $139-12B(2)k: Commercial servicing, repair or construction of boats or boat motors within the Public Wellhead Recharge District. $139-26: Construction of shed without permit. 9139-28: Use of structure without a Certificate of Occupancy. Summary of Action to Abate _ Immediately .cease all operations associated with the boatyard including, but not limited to, storage, repair, servicing and any and all ancillary services. _ Receive the appropriate permitting for the shed, or remove said structure from .the property. 7';, '-'.i! 2. COMMENCE, within five (5) days, action to abate this violation permanently. '" Zoning violations may result in fines of up to $300 per day, as allowed in ~139-25 of tlte Zoning Code. If you are aggrieved by this notice and order, you may show cause as to why you should not be required to comply by fIling an appeal with the Nantucket Zoning Board of Appeals, as specified in ~139-31 of the Zoning Code, within thirty (30) days of this order. "I T . d g02l.-822-BOS SWI?1tt1M epu1-' dSE:EO so 80 un EXHIBIT IInll TOWN 'OF NANTUCKET B'O.ARD OF APPEALS ,. ~ NANTUCKET, MASSACHUSET~~b255~ . :fl"t: C"'J . ':;r ~ Date: j).e.ro.m~~'~O ,~OO((, .'. \..oJ ?:) t""11 .'1 .! o !...J To: Parties in Interest and. Others concerned with the .-.'-'-'De'cTsIoii-o'f the BOAIW O~ APPEALS in the Appl'ica tion of the 'following: - ~--~--_._----_.,------~-_._._._._-_.~-- ~ ~~ ):. Z' ~ _"", \ .. I (-' m .0;;: (j) ~,l \ -l .,.., .. ,i1 }> -i -l -1 ::D .0 C ~ m z ~ 0 ~V ~ A~ \ -A:ppric-a't-i'Ofi-~.O.-::'-f -G-~~.~e(P ~-f-f re'~ d), B ('~ OJ')S Owner/Applicant: Enclosed.is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the com~laint and certified copy of the necision must be given to the Town Clerk so as to be received within such TWENTY (20) days. ~~ u~n5- I Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET ZONING BY-LAW 2139-301 (SPECIAL PERMITS)'; 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETIS 02554 Assessors Map 80 ---.--.------~-_____p_arcer-4- - LUG-2 105 Surfside Road "P1anFi1e-ll:A:;-rlan -F;Lof3- Deed Ref. 495/60 At a Public Hearing of the Nantucket Zoning Board of Appeals, originally noticed for 1 :00, August 11,2006, and continued to September, October, November, 2006 meetings without opening, with a final resolution at 1:00 P.M., Friday, December 8, 2006,-in the Conference Room, 2 Fairgrounds Road, Nantucket, Massachusetts, on the Application of the JEFFREY D. BRYANS, c/o Reade, Gullicksen, Hanley & Gifford, LLP, PO Box 2669, Nantucket, MA 02584, Board of Appeals File No. 067-06, the Board made the following Decision: 1. Applicant is APPEALING, pursuant to Nantucket Zoning By-law Section 139-31, from a ''Notice of Zoning Code Violation and Order to Cease, Desist and Abate", dated May 31, 2006, issued by the Zoning Enforcement Officer. The notice asserts that the owner is using the locus as a "commercial boatyard" and for "commercial servicing, repair or construction of boats or boat motors within the Public Wellhead Recharge District". Applicant states that he is conducting a customary home operation, With the office used in connection with his boat rental operations and that the boats are owned by . the Applicant, kept off site when the business is In operation and are present there for storage only. Applicant is asking the Board to overturn the ruling ofthe Zoning Enforcement Officer. The lot is conforming to all dimensional requirements. The Premises is located at 105 SURFSIDE ROAD, Assessor's Map 80, Parcel 4, Plan File II-A, Plan F, Lot 3. The property is zoned Limited-Use-General-2. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation, as there were no issues of planning concern. A letter from the General Manager of the Wannacomet Water Company, dated December 6, 2006, was on file. He determined after review, that while the property was located within the Wellhead Protection District, the chemicals used, including the marine paint, were environmentally safe and biodegradable products. He concluded that after "[ a] reviewing the products that Mr. Bryans is using I have determined that the use of these products does not pose a threat to Nantucket's public drinking water supply". There were three letters in favor from abutters. stating that they had suffered no negative impact. There were six letters on file in opposition, with some submitted originally to the Wannacomet Water Company and then forwarded to the Board of Appeals. Neighbors expressed concerns about the increase in "commercial" activity over the past year in a residential neighborhood, negative impact from noise and possible negative impact on the ground water from chemicals used to service and clean the boats. Several neighbors appeared at the. public hearing on December 8,2006 to express their opposition. Four spoke and felt that a commercial boat yard was being operated from the site and were concerned about the loss of the quiet, rural, residential character of the neighborhood. Several stated that they had historically had no issues with the use of the property until the winter of 2005-2006 when it appeared to them that more boats were being stored on the property and more servicing of said boats was taking place, creating a disturbance to ....-the_ruraLneighborhoodbey-ond-thenpassiye..storage-ofhoats... - n_.~--..-..-_--...._n-------. -....-..---.---- 3. The Zoning Enforcement Officer ("ZEO") was present and spoke about the reasons for the issuance of the ''Notice of Zoning Code Violation and Order to Cease, Desist and Abate" (the "Order"); dated May 31, 2006. He cited the Applicant for improper use of land within the Limited Use General-2 zoning district, Le., a commercial boatyard; violation of the Public Wellhead Recharge restrictions contained in Section 139-12B(2)(k) which prohibits the servicing, repair or construction of boats or boat motors within said district; and other issues not related to zoning compliance. In a subsequent letter, dated August 30,2006, the ZEO d~niedApplicant's request for a "home occupation",. stating that the residential property located at 1 05 Surfside Road, could not be used for ancillary boat storage related to Applicant's Nantucket Boat Rental business. He specifically stated that the "business is a commercial use of residential property and is beyond the scope and intent of the home occupation bylaw", and the use was not ancillary to a. residential use. At the public hearing on December 8, 2006 the ZEO reported that when he visited the she he viewed between "15 and 20 boats" on the lot. He had received the first complaint in 2002 and no action had been taken at that time. In May of 2006 he received another complaint and then visited the property. He submitted photographic evidence taken from within the property more recently to show the service area for the boats. He stated that as the boats associated with Nantucket Boat Rental were stored on the property, the residential property was being used for commercial storage of boats. If all of the boats had been registered to the Applicant he would "have no issue". The ZEO stated that regardless of the commercial versus home occupation issue, the servicing and repair of boats is prohibited in the Public Wellhead Recharge district. 4. Applicants, through counsel and personal testimony, represented that there were 17 boats registered to Nantucket Boat Rental, which operated in a commercial zoning district during the summer season from leased Slip 1 in the Nantucket Boat Basin on Straight Wharf. The Applicant had his domicile at 105 Surfside Road. In the winter months he stores six of his own personal boats on the property along with some of the rental boats. Applicant asserted that the public does not come to the property and he does not run his business from his home. In the summer the boats are on moorings in Nantucket Harbor or in slips. The rentals of the boats are done at the commercial location on the waterfront and no employees worked at the residential property. Applicant stated that a majority of the boats have traditionally been stored off-site during the winter . months but due to issues concerning that site, he was forced to move more of the boats temporarily back to his home for storage during the winter of 2005-2006. Applicant stated that the property was not being used as a commercial boatyard for servicing or repair and there was nothing in the Zoning By-law that prohibited the storage of his boats or his businesses boats. He was not leasing space for storage of other people's boats. Applicant argued that the passive storage of his boats met the definition of home occupation and he had maintained proper screening to minimize the impact. Applicant added that a majority of the rental boats were again being stored off-site for the winter of 2006-2007. Applicant asserted that the storage of boats in residential neighborhoods has been the historical norm given that the island is surrounded by water and is largely water d~~dent~~PJ?!i2~t.as~~.QJ.h~_~<?ard!~_l.:l.p1!olc!J!le ap'p'~~_Qn the basi~!!tat h~~~ n~t.___ _.- operating a commercial boatyard, that the passive storage of boats related to his business was allowed under the Zoning By-law, and that the use could be considered a home occupation within the definition in the Zoning By-law. 5. Based upon the foregoing presentation, the Board of Appeals found that there were insufficient grounds to support upholding the Appeal and found that the Zoning Enforcement Officer did not err in his interpretation of the relevant statutes to the extent that would warrant overturning his decision in issuing the Order. The situation was largely of the Applicant's own making and the interpretation of the ZEO was correct in that the storage of the boats related to his business was beyond the scope of a home occupation. In addition, the Board found, based upon the testimony, that the property was being used for the commercial storage of boats in a residential neighborhood. 6. Accordingly, upon a motion duly made and seconded to grant the APPEAL as requested pursuant to Nantucket Zoning By-law Section 139-31 from a ''Notice of Zoning Code Violation and Order to Cease, Desist and Abate" dated May 31, 2006, issued by the Zoning Enforcement Officer, there were no voteS in favor, and five votes in opposition (Sevrens,Waine, O'Mara, Toole, Koseatac). Therefore, the Appeal is hereby DENIED and the decision of the Zoning Enforcement Officer upheld. ~.' ecembbeerr ~ ()/) , 2006 ~tJ~ -------Dale-Waine / / _p(j'~ MiCha~ara Kerim Koseatac COlmnonwealth of Massachusetts Land Court Department of the Trial Court Civil Cover Sheet Case No. First Defendant Nancy J. Sevrens City/Town Nantucket FirstPlaintiff Jeffrey D. Bryans Locus Address/Description 105 Surf side RO<'ld Instructions Part I - To Be Completed by Plaintiff(s)' Counsel: FOR ALL MISCELLANEOUS CASES (EXCEPT cases filed pursuant to Servicemembers Civil Relief Act): 1. Using the list below, please number, with the Number 1, the main cause of action on which you base your complaint. and and 2. Place a check mark next to each other cause of action in your complaint. ~ No 3. Is this complaint verified? DYes and 4. Are there any related cases filed in the Land Court Department? If yes, please provide the Case No,(s) : DYes IX! No 1 ZAC Appeal from Zoning Board G. L. c. 40A, S 17 ZAD Appeal from Planning Board G. L. c. 41, S 8IBB ZJA Validity of Zoning G, L. cc. 240, S 14A, 185, S I (j Y2) ZEN Enforcement of Zoning G, L. c. 40A, S 7 COT Remove Cloud on Title G. L. c. 240, S 6 - 10 DOM Discharge of Old Mortgage G. L. c. 240, S 15 LVT Affirm Tax Foreclosure - Land of Low Value - G. L. c. 60, S 80B MTB Try Title G. L. c. 240, S I - 5 MWA Recover Freehold Estate (Writ of Entry) - G. L. c, 237 MRC Detenlline Validity of Encumbrances G. L.c.240,SIl-14 CER Enforce Restrictions G. L. c. 240, S lOA - JOC MAD Determine Fiduciary Authority G. L. c, 240, S 27 PAR Partition G. L. c. 241 RED Redemption G, L. c. 60, S 76 SP Specific Performance of Contracts G. L. c. 185, S I (k) MBF Detem1ine Municipal Boundaries G. L. c. 42, S 12 MFE Detem1ine Boundaries of Flats G. L. c. 240, S 19 CNC Certiorari - G. L. c. 249, S 4 MAN Mandamus - G. L. c. 249, S 5 TIRE Trespass to Real Estate Involving Title - G. L. c. 185, S 1 (0) EQA Equitable Action Involving Any Right: Title or Interest in Land G. L. c. 185, S I (k) AHA Affordable Housing Appeal G. L. c. 40B, S 21 OTA Other -1- Part II. _ Uniform Counsel Certificate - to be filled out by Plaintiff(s)' Counsel at the time of initial filing, AU other counsel shall file within thirty (30) days of initial entry into the case, whether by answer, motion, appearance or other pleading. FOR ALL MISCELLANEOUS CASES (EXCEPT Mortgage Foreclosures under the Servicemembers Civil ReHer Act) I am attorney-of-record for: J ef f rey D. Bryans Plaintiff/IKf<1Xbmtin the above-entitled matter. If Defendant(s)' Attorney, please provide Case No. In accordance with Rule 5 of the Supreme Judicial Uniform Rules on Dispute Resolution (SJC Rule L18) which states in part: " . . . Attorneys shall: provide their clients with this information about court-connected dispute resolution; discuss with their clients the advantages and disadvantages of the various methods of dispute resolution; and certify their compliance with this requirement on the civil cover sheet or its equivalent. . ," I hereby certify that I have complied with this requirement. BBO# 413420 U / ~-.lf N1'- Signature of Attorney-of-Record Date: Arthur I. Reade, Jr. Please Print Name Exempt Cases: Tax Foreclosures, Mortgage Foreclosures under the Servicemembers Civil Relief Act and aU cases related to original and subsequent registration under G. L. c. 185, ~ 1. -2- COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. Land Court Civil Action Miscellaneous No. JEFFREY D. BRYANS, ) Plaintiff, ) ) v. ) } NANCY J. SEVRENS, EDWARD S. TOOLE, } __ ____~_.---_-Mr-c..HAEL.-uJ"Q~W\M.1 . J2ALE.W-"Wl\INKL and KERIM KOSEATAC, as they are ) members of the NANTUCKET ZONING } BOARD OF APPEALS, } and ) MARCUS SILVERSTEIN, as he is the } Zoning Enforcement Officer of ) the Town of Nantucket, } Defendants. } COMPLAINT Parties 1. The plaintiff, Jeffrey D. Bryans, is an individual residing at 105 Surfside Road, Nantucket, Nantucket County, Massachusetts. 2. The defendants, Nancy J. Sevrens, Edward S. Toole, Michael J. O'Mara, Dale W. Waine and Kerim Kosetac, are all of the members of the Nantucket Zoning Board of Appeals (the "Board of Appeals") who participated in the proceedings which are the subject of this action, and reside at the following addresses, all situated in Nantucket, Nantucket County, Massachusetts: 1 Nancy J. Sevrens 22 Vesper Lane Edward s. Toole 28 Burnell street, Siasconset Michael J. O'Mara 240 Polpis Road Dale W. Waine 11 Bishops Rise Kerim Kosetac 30 North Water street 3. The defendant, Marcus Silverstein (henceforth referred to as the ~ZEO"), is the zoning Enforcement Officer of the Town _ ._------of-uNantucket, n .and has mhisprincipaLuplace of. business at 37 Washington street, Nantucket, in the County of Nantucket. Facts 4. The plaintiff is the owner of the land and buildings situated at and known as 105 Surfside Road, Nantucket, Nantucket County, Massachusetts, approximately shown upon Nantucket Assessor's Map 80 as Parcel 4, by virtue of deed recorded with the Nantucket Registry of Deeds in Book 495, Page 60 (the "Locus") . 5. The Locus consists of a parcel of land containing about 80,035 square feet in land area, improved with a dwelling on which the plaintiff resides, together with a garage containing an apartment. 6. The Locus is situated in a Limited Use General-2 zoning district, in which commercial uses are prohibited under the 2 Nantucket Zoning By-law (the ~By-law"), with an exception which permits "customary home occupations" carried on by the resident of a dwelling upon the premises, with a limitation to 800 square feet of floor area, of which no more than 200 square feet may be in retail use, and with the proviso that any exterior storage must be properly screened. 7. The plaintiff is engaged in the business of renting boats to members of the public, and conducts that activity off- ____-.----P.r:.e.m.i-s.esI _ n9.t _t.b.~_ N.ClJl1::1J.cket wClte:r::fI:'9Ilt'H _.l\:Lt::.hQ1.lghIl.Q_1:~t::.9-JJ l.l~e ~- n ..... . occur upon the Locus, the plaintiff has a small office in his dwelling which he uses to manage the records of his business. Furthermore, the plaintiff stores upon the Locus several of the boats used in connection with his business when they are not in active use, which are well-screened from surrounding roads and properties by natural vegetation. The plaintiff has used the Locus in this fashion since shortly after his father purchased the Locus in 1985. 8. Nantucket is an island surrounded by salt water, and commercial maritime activities are and have long been traditional pursuits for its residents. Support for these activities has long been provided with business offices and storage of boats and maritime equipment at the properties containing the residences of its residents who are engaged in these pursuits, which therefore constitute ~customary home occupations" for Island residents. 3 9. By a writing entitled "Notice of Zoning Code Violation and Order to Cease, Desist and Abate" dated May 31, 2006, the ZEO ass~rted that the plaintiff was 1n violation of various provisions of the By-law, specifically asserting that the plaintiff's use of the Locus constituted a "commercial boatyard". A copy of this Notice is attached hereto as Exhibit A. 10. The plaintiff appealed from the Notice dated May 31, 2006, to the Nantucket Board of Appeals (the "ZBA"), on the basis that the plaintiff's activities upon the Locus constitute a customary home occupation. 11. After hearing, the ZBA entered its decision, denying the plaintiff's appeal. A certified copy of this decision, filed with the Nantucket Town Clerk on December 20, 2006, is attached hereto as Exhibit B. 12. The plaintiff lS aggrieved by the decision of the ZBA, and brings this action under Massachusetts General Laws, Chapter 40A, Section 17, in order to appeal therefrom. Wherefore, the plaintiff demands judgment, as follows: (a) Determining that the ZBA's decision denying the plaintiff's appeal exceeded its authority. (b) Annulling the decision of the Board of Appeals. (c) Entering its Order, that the Order by the ZEO is determined to be invalid and that the plaintiff's activities upon the'Locus are not in violation of any provision of the By-law. 4 (d) Awarding the plaintiff his costs, including attorneys' fees. (e) For such other and further relief as this Court shall deem appropriate. Respectfully submitted, JEFFREY D. BRYANS By his attorney, L ------~--------~--------~_.-----_.__..,----- rthur I. Reade, Jr. ---BBCYW---4-1-34L--O. - --------..---- Reade, Gullicksen, Hanley & Gifford, LLP 6 Young's Way Post Office Box 2669 Nantucket, Massachusetts 02584 Tel. (508) 228-3128 Fax (508}228-5630 air@readelaw.com Dated: January -' 2007 FF: \WpB\Bryans\ Complaint. doc 5 EXHIBIT "A" BUILDING AND CODE ENFORCEMENT DEPT:' TOWN BUILDING ANNEX 37 \V ASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Telephone 508-228-7222 Tele Fax 508-228-7249 Notice of Zoning Code And Violation Order to Cease, Desist, and Abate Mr./Mrs./Ms. Jeffrey Bryans of 105 Surfside Rd., and all persons having notice of this order: . As owner/occupantofthe premises/stmctures located at 105 Surfside Rd. (Map# 80, Parcel#4), you are hereby notified that you are in violation of the Nantuck~t Zoning Code ~~139-6, -12B(2)k, -26 and -28 and are ORDERED this date, 05/31/06, to: ----.---~---L-_IMtvffiBIAffiIJ_y_eEASE_.AND DESlSTalrfuntti6fiS-oofiiiecfed-WitllUii.s violation on, or at, the above mentioned premises. Summary of Violation JI39-6: Improper use ofland within the Limited Use General-2 (LUG-2) zoning district: commercial boatyard. 8139-12B(2)k: Commercial servicing, repair or construction of boats or boat motors within the Public Wellhead Recharge District. 8139-26: Construction of shed without permit. 8139-28: Use of stmcture without a Certificate of Occupancy. Summary of Action to Abate _ Immediately cease all operations associated with the boatyard including, but not limited to, storage, repair, servicing and any and all ancillary services. _ Receive the appropriate permitting for the shed, or remove said structure from "the property. 2. COMMENCE, within five (5) days, action to abate this violation permanently. +. Zoning violations may result in fines of up to $300 per day, as allowed in 6139-25 of the Zoning Code. If you are aggrieved by this notice and order, you may show cause as to why you should not be required to comply by fIling an appeal with the Nantucket Zoning Board of Appeals, as specified in ~139-31 of the Zoning Code, within thirty (30) days of this order. "I 1 . d S02l.-B22-BOS sweJIIJM epuJ-' dSE:EO SO BO un ~~. ~ ")::i' .t.. --1 ' . I ( rn (~. (f) =.~ -l ril -\ ;po -l :II C 111 o o -u -< -! .0 € g r1' :0 -' ^ EXHIBIT nBn TOWN .OF NANTUCKET B'O'ARD OF APPEALS ,. ~ NANTUCKET, MASSACHUSET~s;b255~ . ~~t:: CJ . ':;r: ~ Da te: j).e_<:Q~~0'.;< 0 , ~o 0 ~.. ..- vJ ~J r11, .1 } 6 '..".J Enclosed, is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's date. Notice of th~ action with a copy of the com~laint and certified copy of the necision 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 VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET ZONING BY-LAW 9139-301 (SPECIAL PERMITS)'; 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MASSAClillSETfS 02554 Assessors Map 80 .---------p-aicer4.. LUG-2 105 Surfside Road PlanFile-ll:A;-Plan-F;Lot3- Deed Ref. 495/60 At a Public Hearing of the Nantucket Zoning Board of Appeals, originally noticed for 1:00, August 11,2006, and continued to September, October, November, 2006 meetings without opening, with a final resolution at 1 :00 P.M., Friday, December 8, 2006, in the Conference Room, 2 Fairgrounds Road, Nantucket, Massachusetts, on the Application of the JEFFREY D. BRYANS, c/o Reade, Gullicksen, Hanley & Gifford, LLP, PO Box 2669, Nantucket, MA 02584, Board of Appeals File No. 067-06, the Board made the following Decision: 1. Applicant is APPEALING, pursuant to Nantucket Zoning By-law Section 139-31, from a ''Notice of Zoning Code Violation and Order to Cease, Desist and Abate", dated May 31, 2006, issued by the Zoning Enforcement Officer. The notice asserts that the owner is using the locus as a "commercial boatyard" and for "commercial servicing, repair or construction of boats or boat motors within the Public Wellhead Recharge District". Applicant states that he is conducting a customary home operation, with the office used in connection with his boat rental operations and that the boats are owned by the Applicant, kept off site when the business is in operation and are present there for storage only. Applicant is asking the Board to overturn the ruling ofthe Zoning Enforcement Officer. The lot is conforming to all dimensional requirements. The Premises is located at 105 SURFSIDE ROAD, Assessor's Map 80, Parcel 4, Plan File II-A, Plan F, Lot 3. The property is zoned Limited-Use-General-2. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation, as there were no issues of planning concern. A letter from the General Manager of the Wannacomet Water Company, dated December 6,2006, was on file. He determined after review, that while the property was located within the Wellhead Protection District, the chemicals used, including the marine paint, were environmentally safe and biodegradable products. He concluded that after "[a] reviewing the products that Mr. Bryans is using I have determined that the use of these products does not pose a threat to Nantucket's public drinking water supply". There were three letters in favor from abutters stating that they had suffered no negative impact. There were six letters on file in opposition, with some submitted originally to the Wannacomet Water Company and then forwarded to the Board of Appeals. Neighbors expressed concerns about the increase in "commercial" activity over the past year in a residential neighborhood, negative impact from noise and possible negative impact on the ground water from chemicals used to service and clean the boats. Several neighbors appeared at the public hearing on December 8, 2006 to express their opposition. Four spoke and felt that a commercial boat yard was being operated from the site and were concerned about the loss of the quiet, rural, residential character of the neighborhood. Several stated that they had historically had no issues with the use of the property until the winter of 2005-2006 when it appeared to them that more boats were being stored on the property and more servicing of said boats was taking place, creating a disturbance to _________..--1he..ruralneighborhoo-dhe.j'illld-the-passiv.cstorage-Qfhoats.--.------... -_..---_..----~-.---.... ----.-------- 3. The Zoning Enforcement Officer ("ZEO") was present and spoke about the reasons for the issuance of the "Notice of Zoning Code Violation and Order to Cease, Desist and Abate" (the "Order"), dated May 31, 2006. He cited the Applicant for improper use ofland within the Limited Use General-2 zoning district, Le., a commercial boatyard; violation of the Public Wellhead Recharge restrictions contained in Section 139-12B(2)(k) which prohibits the servicing, repair or construction of boats or boat motors within said district; and other issues not related to zoning compliance. In a subsequent letter, dated August 30,2006, the ZEO denied Applicant's request for a "home occupation", . stating that the residential property located at 1 05 Surfside Road, could not be used for ancillary boat storage related to Applicant's Nantucket Boat Rental business. He specifically stated that the "business is a commercial use of residential property and is beyond the scope and intent of the home occupation bylaw", and the use was not ancillary to a. residential use. At the public hearing on December 8, 2006 the ZEO reported that when he visited the site he viewed between "15 and 20 boats" on the lot. He had received the first complaint in 2002 and no action had been taken at that time. In May of 2006 he received another complaint and then visited the property. He submitted photographic evidence taken from within the property more recently to show the service area for the boats. He stated that as the boats associated with Nantucket Boat Rental were stored on the property, the residential property was being used for commercial storage of boats. If all of the boats had been registered to the Applicant he would "have no issue". The ZEO stated that regardless of the commercial versus home occupation issue, the servicing and repair of boats is prohibited in the Public Wellhead Recharge district. 4. Applicants, through counsel and personal testimony, represented that there were 17 boats registered to Nantucket Boat Rental, which operated in a commercial zoning district during the summer season from leased Slip 1 in the Nantucket Boat Basin on Straight Wharf. The Applicant had his domicile at 105 Surfside Road. In the winter months he stores six of his own personal boats on the property along with some of the rental boats. Applicant asserted that the public does not come to the property and he does not run his business from his home. In the summer the boats are on moorings in Nantucket Harbor or in slips. The rentals of the boats are done at the commercial location on the waterfront and no employees worked at the residential property. Applicant stated that a majority of the boats have traditionally been stored off-site during the winter . months but due to issues concerning that site, he was forced to move more of the boats temporarily back to his home for storage during the winter of 2005-2006. Applicant stated that the property was not being used as a commercial boatyard for servicing or repair and there was nothing in the Zoning By-law that prohibited the storage of his boats or his businesses boats. He was not leasing space for storage of other people's boats. Applicant argued that the passive storage of his boats met the definition of home occupation and he had maintained proper screening to minimize the impact. Applicant added that a majority of the rental boats were again being stored off-site for the winter of 2006-2007. Applicant asserted that the storage of boats in residential neighborhoods has been the historical norm given that the island is surrounded by water and is largely water d~~den.t-"-ApJ'!L~~t ~as~~.clJ.!l~_13o_ard_!Q_1:l.Ehold the ~Jl.~~_Qn the basis that he was n<l.L.._. operating a commercial boatyard, that the passive storage of boats related to his business was allowed under the Zoning By-law, and that the use could be considered a home occupation within the definition in the Zoning By-law. 5. Based upon tM foregoing presentation, the Board of Appeals found that there were insufficient grounds to support upholding the Appeal and found that the Zoning Enforcement Officer did not err in his interpretation of the relevant statutes to the extent that would warrant overturning his decision in issuing the Order. The situation was largely of the Appli~ant's own making and the interpretation of the ZEO was correct in that the storage of the boats related to his business waS beyond the scope of a home occupation. In addition, the Board found, based upon the testimony, that the property was being used for the commercial storage of boats in a residential neighborhood. .,- 6. Accordingly, upon a motion duly made and seconded to grant the APPEAL as requested pursuant to Nantucket Zoning By-law Section 139-31 from a ''Notice of Zoning Code Violation and Order to Cease, Desist and Abate" dated May 31, 2006, issued by the Zoning Enforcement Officer, there were no votes in favor, and five votes in opposition (Sevrens,Waine, O'Mara, Toole,Koseatac). Therefore, the Appeal is hereby DENIED and the decision of the Zoning Enforcement Officer upheld. ~~~'2006. ~~~ DaIe-Waine/ . / -P () · {t----- MiCha~ara Kerim Koseatac I . TOWN OF NANTUCKET BOARD OF APPEALS d c'"' NANTUCKET, MASSACHUSETT"$.. 02SS~ " cJ ~ Da te :Ve e.Qm0X2.'C ~ 0 , -gO 0 ((? w 6 '",J Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. s;~ cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET ZONING BY-LAW g139-301 (SPECIAL PERMITS); 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 Assessors Map 80 Parcel 4 LUG-2 105 Surfside Road Plan File II-A, Plan F, Lot 3 Deed Ref. 495/60 At a Public Hearing ofthe Nantucket Zoning Board of Appeals, originally noticed for 1 :00, August 11, 2006, and continued to September, October, November, 2006 meetings without opening, with a final resolution at 1:00 P.M., Friday, December 8, 2006, in the Conference Room, 2 Fairgrounds Road, Nantucket, Massachusetts, on the Application of the JEFFREY D. BRYANS, c/o Reade, Gullicksen, Hanley & Gifford, LLP, PO Box 2669, Nantucket, MA 02584, Board of Appeals File No. 067-06, the Board made the following Decision: 1. Applicant is APPEALING, pursuant to Nantucket Zoning By-law Section 139-31, from a "Notice of Zoning Code Violation and Order to Cease, Desist and Abate", dated May 31, 2006, issued by the Zoning Enforcement Officer. The notice asserts that the owner is using the locus as a "commercial boatyard" and for "commercial servicing, repair or construction of boats or boat motors within the Public Wellhead Recharge District". Applicant states that he is conducting a customary home operation, with the office used in connection with his boat rental operations and that the boats are owned by the Applicant, kept off site when the business is in operation and are present there for storage only. Applicant is asking the Board to overturn the ruling of the Zoning Enforcement Officer. The lot is conforming to all dimensional requirements. The Premises is located at 105 SURFSIDE ROAD, Assessor's Map 80, Parcel 4, Plan File II-A, Plan F, Lot 3. The property is zoned Limited-Use-General-2. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation, as there were no issues of planning concern. A letter from the General Manager of the Wannacomet Water Company, dated December 6,2006, was on file. He determined after review, that while the property was located within the Wellhead Protection District, the chemicals used, including the marine paint, were environmentally . . safe and biodegradable products. He concluded that after "[a] reviewing the products that Mr. Bryans is using I have determined that the use of these products does not pose a threat to Nantucket's public drinking water supply". There were three letters in favor from abutters stating that they had suffered no negative impact. There were six letters on file in opposition, with some submitted originally to the Wannacomet Water Company and then forwarded to the Board of Appeals. Neighbors expressed concerns about the increase in "commercial" activity over the past year in a residential neighborhood, negative impact from noise and possible negative impact on the ground water from chemicals used to service and clean the boats. Several neighbors appeared at the public hearing on December 8,2006 to express their opposition. Four spoke and felt that a commercial boat yard was being operated from the site and were concerned about the loss of the quiet, rural, residential character of the neighborhood. Several stated that they had historically had no issues with the use of the property until the winter of 2005-2006 when it appeared to them that more boats were being stored on the property and more servicing of said boats was taking place, creating a disturbance to the rural neighborhood beyond the passive storage of boats. 3. The Zoning Enforcement Officer ("ZEO") was present and spoke about the reasons for the issuance of the "Notice of Zoning Code Violation and Order to Cease, Desist and Abate" (the "Order"), dated May 31, 2006. He cited the Applicant for improper use ofland within the Limited Use General-2 zoning district, i.e., a commercial boatyard; violation of the Public Wellhead Recharge restrictions contained in Section 139-12B(2)(k) which prohibits the servicing, repair or construction of boats or boat motors within said district; and other issues not related to zoning compliance. In a subsequent letter, dated August 30, 2006, the ZEO denied Applicant's request for a "home occupation", stating that the residential property located at 1 05 Surfside Road, could not be used for ancillary boat storage related to Applicant's Nantucket Boat Rental business. He specifically stated that the "business is a commercial use of residential property and is beyond the scope and intent of the home occupation bylaw", and the use was not ancillary to a residential use. At the public hearing on December 8, 2006 the ZEO reported that when he visited the site he viewed between "15 and 20 boats" on the lot. He had received the first complaint in 2002 and no action had been taken at that time. In May of 2006 he received another complaint and then visited the property. He submitted photographic evidence taken from within the property more recently to show the service area for the boats. He stated that as the boats associated with Nantucket Boat Rental were stored on the property, the residential property was being used for commercial storage of boats. If all of the boats had been registered to the Applicant he would "have no issue". The ZEO stated that regardless of the commercial versus home occupation issue, the servicing and repair of boats is prohibited in the Public Wellhead Recharge district. 4. Applicants, through counsel and personal testimony, represented that there were 17 boats registered to Nantucket Boat Rental, which operated in a commercial zoning district during the summer season from leased Slip 1 in the Nantucket Boat Basin on Straight Wharf. The Applicant had his domicile at 105 Surfside Road. In the winter months he stores six of his own personal boats on the property along with some of the rental boats. Applicant asserted that the public does not come to the property and he does not run his business from his home. In the summer the boats are on moorings in Nantucket Harbor or in slips. The rentals of the boats are done at the commercial location on the waterfront and no employees worked at the residential property. Applicant stated that a majority of the boats have traditionally been stored off-site during the winter months but due to issues concerning that site, he was forced to move more of the boats temporarily back to his home for storage during the winter of 2005-2006. Applicant stated that the property was not being used as a commercial boatyard for servicing or repair and there was nothing in the Zoning By-law that prohibited the storage of his boats or his businesses boats. He was not leasing space for storage of other people's boats. Applicant argued that the passive storage of his boats met the definition of home occupation and he had maintained proper screening to minimize the impact. Applicant added that a majority of the rental boats were again being stored off-site for the winter of 2006-2007. Applicant asserted that the storage of boats in residential neighborhoods has been the historical norm given that the island is surrounded by water and is largely water dependent. Applicant asked the Board to uphold the appeal on the basis that he was not operating a commercial boatyard, that the passive storage of boats related to his business was allowed under the Zoning By-law, and that the use could be considered a home occupation within the definition in the Zoning By-law. 5. Based upon the foregoing presentation, the Board of Appeals found that there were insufficient grounds to support upholding the Appeal and found that the Zoning Enforcement Officer did not err in his interpretation of the relevant statutes to the extent that would warrant overturning his decision in issuing the Order. The situation was largely of the Applicant's own making and the interpretation of the ZEO was correct in that the storage of the boats related to his business was beyond the scope of a home occupation. In addition, the Board found, based upon the testimony, that the property was being used for the commercial storage of boats in a residential neighborhood. 6. Accordingly, upon a motion duly made and seconded to grant the APPEAL as requested pursuant to Nantucket Zoning By-law Section 139-31 from a "Notice of Zoning Code Violation and Order to Cease, Desist and Abate" dated May 31, 2006, issued by the Zoning Enforcement Officer, there were no votes in favor, and five votes in opposition (Sevrens, Waine, O'Mara, Toole, Koseatac). Therefore, the Appeal is hereby DENIED and the decision of the Zoning Enforcement Officer upheld. ~...~... ,2006 tJ~ .------y).Ie-Wrone .. / ~6'~ Micha J. Mara 1/ Kerim Koseatac 6-89 Form NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET,MA 02554 File NO.~-O~ Assessor's Parcel THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO 'MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: . :f1(J - fimrms 6~ ~ Pursuant to the provisions of the Acts of 1~7, Chagter 498, amending the state Zoning Act, Chapter~OA of ..:the Massachu-setts' Genera,l LaWS ,Applicant (s) /pe~ition~'~s) . a.1:ld the Board of Appeals'hereby agree to extend ,the t1~ l1m1t . . 0 _ for a public hearing K... on the Applicati'o.i1, ~r ~ _ for a decision)( of the ~oard, or- for any other action .!?y the Board, (whether such Application.is an appeal ~ from the decisi9n of an~'admin~strativeoff~cial~ petition for 'a SpecIal Perm1t ~ or_for a Var1anCe , or for any extension _, modification _,. or: renewal _ ther-eof) . . ~ to the NEW TIME L+MIT of midnight on AJcr.x:mfA.eff J 7, 2atJ0 but not 'er than a time limit set by statute or Hylaw. Th Applicant , or the attorney _ or agent _ for.. Ap~ represented to be duly author1zed to act 1p th~s.~atter ~or Applicant(~), in executin9 this Agreement wa1ves any r1ghtsunder the Nantucket zqn1ng Bylaw and the State zoning Act, as amended, to. the extent, but only to the ~ en, inconsistent with this Agreement. FOR FOR THE <;0, 7. ~, 2dJO Co ~~tive date of Agreement cc: Town Clerk Planning Board Building commissioner '" . Agreement filed in the office of the Town Clerk: 9 \ \ ., t 0'-0 Date ., \ Town Clerk 6-89 Form NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET,MA 02554 File NO.~O(P Assessor's Parcel THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO.MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: 6CttflJ1 & Pursuant to the provisions of the Acts of 198?( Chapter 498, amending the state zoning Act, Chapter 40A of the Massachu-setts General LaWS ,Applicant (s) lpetitione.r (s) and the Board of Appeals. 'hereby agree to extend the time limit _ for a public hearing ~ on the Application, or - - for a decision ~ of the ~oard, or- for any other action ", by the Board, (whether such Application.is an appeal p\ from the decisi~n of anr'admin~strativeoff~cial( a petition for . a SpecIal Pernat, or .for a Var~ance , or for any extension _, mOdification _, or: renewal _ ther-eof) . -.~ ""- FO )...L2.. ..A---.. d 0\ -...{ 0 "1; = :IE C':l 2:-- ---i (-.:"1 N r- w r"'l .......~. i ::;::. - \0 ". \..f1 \0 Od6~ \3 2dO(o Effective date df Agreement cc: Town Clerk Planning Board Building Commissioner Agreement filed in the office of the Town Clerk: Town Clerk Date TOWN OF NANTUCKET ZONING BOARD OF APPEA~S ::0 2 FAIRGROUNDS ROAD:::; c- NANTUCKET, MASSACHUSETTS025St PHONE 508-228-7215 0\ FAX 508-228-7205 -0 VJ n ,,,,., r.:. ,l::Io NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, AUGUST 11,2006 in the Conference Room, 2 FAIRGROUNDS ROAD. FORMERLY KNOWN AS THE NANTUCKET ELECTRIC COMPANY BUILDING. WITH AN ENTRANCE FROM OLD SOUTH ROAD. FIRST RIGHT AFTER FAIRGROUNDS ROAD COMING FROM TOWN WITH ENTRANCE FROM THE FRONT OF THE BUILDING, Nantucket, Massachusetts, on the Application of the following: JEFFREY D. BRYANS BOARD OF APPEALS FILE NO. 067-06 Applicant is APPEALING, pursuant to Nantucket Zoning By-law Section 139-31, from a "Notice of Zoning Code Violation and Order to Cease, Desist and Abate", dated May 31, 2006, issued by the Zoning Enforcement Officer. The notice asserts that the owner is using the locus as a "commercial boatyard" and for "commercial servicing, repair or construction of boats or boat motors within the Public Wellhead Recharge District". Applicant states that he is conducting a customary home operation, with the office used in connection with his boat rental operations and that the boats are owned by the Applicant, kept off site when the business is in operation and are present there for storage only. Applicant is asking the Board to overturn the ruling of the Zoning Enforcement Officer. The lot is confonning to all dimensional requirements. The Premises is located at 105 SURFSIDE ROAD, Assessor's Map 80, Parcel 4, Plan File II-A, Plan F, Lot 3. The property is zoned Limited-Use-General-2. Nanc0~s~W~ THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 CASE NOO~ 106 FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Mailing address: Applicant's name(s): Mailing address: Locus address: d _;, ,., O'\;::u 0: , ,fl Same . -" !9 ') ~-L....... Nfl 6 Youm~'s Way. Post Office Box 2669. Nantucket. MiSsachusefts 02584-- " r'" '''". Assessor's Map!Parcel~ 80+4,i Ij LaRd Court PlanlPlan Baak & PageIPlan File No.: ll-A. Plan F LoicNo.: ',-'-" 3 Date lot acquired: 2/2/96 Deed Ref./Cert. af Title: 495-60 Zoning District: LUG-2 Uses on Lot - Commercial: None_ Yes (describe) Customarv home occu{lation: boat rentals Residential: Number of dwellings_ Duplex_ Apartments_Rental Rooms Building Date(s): All pre-date 7n2? or C ofO(s)? Building Permit Nos: Jeffrey D. Brvans c/o Reade. Gullicksen. Hanley & Gifford. LLP 105 Surfside Road Previous Zoning Board Application Nos.: State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: This is an appeal from a "Notice of Zoning Code violation and Order to Cease, Desist and Abate" (the "Notice") issued by the Zoning Enforcement Officer, dated May 31, 2006, attached hereto. The Notice asserts that the owner is using the locus as a "commercial boatyard", and for "commercial servicing, repair or construction of boats or boat motors within the Public Wellhead Recharge District". In fact, the owner is conducting a customary home operation, with the office in connection with his boat rental operations being situated upon the premises, and boats upon the locus are owned by the owner and are present there for storage only in properly- screened locations, ancillary to the customary home occupation. Accordingly, the owner, being aggrieved by the Notice. brings this appeal from the Order contained in the Notice, under Nantucket Zoning By-law ~139- 31. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the p 'ns d penalties perjury. ~ SIGNATURE: (H not owner or 0 Applicant Attorney/Agent x f of agency to bring this aUer before the Board) ~ FOR CEUSE' ~ Application received on: p/ ~ cX1By: CO~J>!.et~_:~ Need co~: Filed with Town Clerk: T.z1J' .aj)Planning Board: ~ Dtpt..--1/~ -+::::;z: B : Fee deposited with Town reasurer:~J2[j _y: aiver r~ted?: Granted:e1l ..../~,. Hearing notice posted with Town Clerk:....=:J. alled::).Jl2.f, &M:_J./lilJ Oro& L.i.2'~ Hearing(s) held on:_/~_ Opened on:_/~_ Continued to:_/~_ Withdrawn?:~~_ DECISION DUE BY:_/~_ Made:~_/_ Filed wffown Clerk:~_/_ Mailed:~~_ DECISION APPEALED?:-..-! ~_ SUPERIOR COURT: LAND COURT Form 4/03/03 BUILDING AND CODE ENFORCEMENT DEPT:' TOWN BUILDING ANNEX 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Telephone 508-228-7222 Tele Fax 508-228-7249 Notice of Zoning Code Violation And Order to Cease, Desist, and Abate Mr./Mrs./Ms. Jeffrey Bryans of 105 Surfside Rd., and all persons having notice of this order: As owner/occupant of the premises/stroctures located at 105 Surfside Rd. (Map# 80, Parcel#4), you are hereby notified that you are in violation of the Nantuck~t Zoning Code ~~139-6, -12B(2)k, -26 and -28 and are ORDERED this date, 05/31/06, to: 1. IMMEDIATELY CEASE AND DESIST all functions connected with this violation on, or at, the above mentioned premises. Summary of Violation j139-6: Improper use ofland within the Limited Use General-2 (LUG-2) zoning district: commercial boatyard. j139-12B(2)k: Commercial servicing, repair or construction of boats or boat motors within the Public Wellhead Recharge District. 9139-26: Construction of shed without permit. 9139-28: Use ofstrocture without a Certificate of Occupancy. 2. COMMENCE, within five (5) days, action to abate this violation permanently. Summary of Action to Abate _ Immediately cease all operations associated with the boatyard including, but not limited to, storage, repair, servicing and any and all ancillary services. _ Receive the appropriate permitting for the shed, or remove said structure from the property. 'h Zoning violations may result in fines of up to $300 per day, as allowed in &139-25 of the Zoning Code. If you are aggrieved by this notice and order, you may show cause as to why you should not be required to comply by flling an appeal with the Nantucket Zoning Board of Appeals, as specified in @139-31 of the Zoning Code, within thirty (30) days of this order. :} 1 . d SOGl..-BGG-BOS SWI!~II~M I!PU~I dSE : EO SO BO Unl 1.1 I. .-.F ...... ,"'. :c..E"T 81-14' -; 1 1 \ I .j I I~. i J \ I . N ;; . WN HEREON WA~ INFORMATIO~I~HOTOGRAPHS. DEEDS, COMPILED FROM A ORD AND IS NOT TO IE AND PLANS OF ROC NG SUFFICIENT ACCUR- Cot-lSTRUED AS HAVI ACY FOR CONVEYANCE, ~;;;;7.11~ c-~;..llDCMII18Jit . rrhe rrOwn a" NANT 1\laHHi~ LEGEND d I. (N.C.) deftot" not cO"k't;u~~:trict CommUt.. of the Z. BAA. de"ot.. ::;';:0:.1 of Am.rlca '78 2. Scal.1I o :,JOO ~~"l,;;(: . :~ IoI#rE: ~;r;Sn;"tt. ,&,(......" 4>""'" ,.J,;' ZONING: j.. ., t; - do. MINIMUM LOT SIZE,8;:t,....... .sF.' MINIMUM FRONTAGE:I$c' FRONT YAIlO 'SETBACK:'5' ' REAIl & SIDE SETPACK: 15 ' GROUND COVER R~TIO:,..,._ PLOT PLAN or LAND IN NANTUCKET, MASS. SCALE 1 It.. 5.1> ; / - !.c =-' _ ~?J~ 'vO' I . , ., I ;1 I 111 ,," I 'y(lJv '" .~'.ClJ t~,J1f ~ 'I""~'''''~._ ~r' l~~ ,~ 'W~ ~."....__..J ~'Y<... (../) / "'" LOT 3 ,( ,'......___......... '" 8003 C " " "', \ I 5+-S.r. -:rJ ., . \ \ -,v \ \ i.1J '1 , I ~ (../) \ \ t-l 1~1 ~ I~ \ \-I \< \ fTl 11""'1' Il( I ,,""-"";'f;, ~ """.Y /0 11> I WCJl>1~ f'ttM"lf: 0 ,-< I fM/'U/I'lv ~ 1 ~S'J.&tS'F' ,.,/_<., J> , 1 1;- ----- "lor t:;I ',! ~ ______ '11.110' I ~ ----,- - - w. ,." I ::: ., 'O,"~' , I - ------ 'V,II'1' i L---Miffi'fll ; __~L.M ~ I r "" Q ; I ~ b I I I'" q I : I I I I I I ~ to) b ,.~ Arc \.en9 c'30.00 GL AUL ANUS 27.50' THE STRUCTURES SHOWN ARE LOCATED AS SHOWN. DATE: TA-,.J. tt , ," 7 JOHN J. SHUGRUE INC. S 7 OLD SOU'l'H ROAP NANTUCKET, MA.02554 POR; ::JE FF t3 A'IA,J:$ TA,.J ~d"7' AS # JSl Town of Nantucket Web GIS - Printable Map Page 1 of2 Town of Nantucket Web GIS Prop 10 Address owner Sale Date Sale Price Book/Page Lot Size 804 105 SURFSIDE RD BRYANS JEFFREY 0 2 GREGLEN AVE - STE 35 NANTUCKET, MA 02554 02/05/1996 $0 00495/0060 1. 84 acres NOT A LEGAL DOCUMENT For reference only: caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. o Disclaimer The infonl1iltion displayed on this any other produced by The Town of Nantucket is reference purposes The Town of Nantucket does not guarantee accuracy of the data. Users are fOI determining the suitability tor needs. Pili If1fonnation is from tile Town of Nantucket Town of Nantucket, Mass Map Composed http://host.appgeo.comlnantucketmaIPrintableMap.aspx?Preserve=Width&Map Width= 172... 7/20/2006 T,~t^"'''''''''''''-''~;'~.~ r"r-I-....'">~ (,'"'ft:'\ A_.._h'".A''' Town of Nantucket Web GIS - Printable Map Page 1 of2 Town of Nantucket Web GIS Prop ID Address Owner 804 105 SURFSIDE RD BRYANS JEFFREY D 2 GREGLEN AVE - STE 35 Sale Date Sale Price Book/Page Lot Size NANTUCKET, MA 02554 02/05/1996 $0 00495/0060 1.84 acres NOT A LEGAL DOCUMENT For general reference only: Important caveats which must be considered when uSing this data are available from the Nantucket GIS Coordinator. The information displayed or. thIs any otller produced by The Town of Nantucket is reference purposes Tile Town of Nantucket does not guarantee ilCcuracy of the data. Users are responsible for the suitability for individual needs. All Information is from the Town of Nantucket t,~f",_~",_~;__~'" r,d^t.-....V~~ {r-TC^\ A'""...--.j.......~~ Town of Nantucket. Mass Map Composed http://host.appgeo.comlnantucketmaIPrintableMap.aspx?Preserve=Width&Map Width=432... 7/20/2006 01/14/2006 09:14 FAX 5082285630 READE G1JLLICKSE I4l 001 &/J4 it 5,00 ~ . Town of Nantucket ZONING BOARD OF APPEA~ RECEIVED BOARD OF ASSESSORS . JUN 1 4 2006 TOWN OF NANTUCKET. MA LIST OF' PAAT1.ES IN MERES,. IN -mE MA'ITER 0' THE. PETITION OF . PROPER TV OWNER...... .J.~ ff.~. ..-;P.:. .~lU1.)...,......... MAIUNC AOORfSS.-. ~t9..~.~~~.t?,.. .9.\!~1~~~~~... ..~~~. .';y...~,.~.~~~.~~~.~. LLP PROPERTY L~C^ TION ........ ..../. Q.!f.?.. .~.v..r:. f.-$.I.~ ,..R..~~... A.SSESSOR S MAPI'P ^ ReEL. '.......,..... ...Bo..::. .d.......... .................. APPL!CANT'.. R~.~~~ I. ,9,':l~~i..~~~.~~ I. .~~.~~~J. .~. ~~.~~~~~... .~~....,... ..,.... SEE ATTACHED PAGES I ccrli~ \na, the foregoing is , list of pCI'$Ql\S wbo'are Qwncl'1 or abunin; proper\y, owners of . llJ\d direclly opposite on UlY p\lQlie Or privlte strc:~ or W&)':OUld ab\lncn Qrlhe _bulleTS UlC III Qlhcr land Dwncrs ....ilhin )00 fect of tht property line of O.....Mr.s property I III U they 'PP\:.v 01'1 Ihe mosl recenl applicable U:'; Ii" CM.O.L. e. 40A, Section It Zoning Code Chapter 139. Seclion 139.290 (2) , ~.IS;...gqtJ6 r2 TE' ..... '~ ., -fJ~..a .)/JeJ ASSESSOR'S OfFICE Town ofNanlud:el ~ f;lf;l f;lf;lf;l~f;lf;l ~~~~ ~ !!:!!!f;l!!:lnl~lnl~"~"~~""~ u H... HHH~HH.... 3 01 H = ., ., 01 .. 01 ., 1 !!!!!!i!!i~~~~ P. 1"'400\O.-4....r4NI""IMi<r4NNV\ ... .. ... .... ... .., ...... .... .... In .-4 .. .... In III II'l III N 11'I CIO In co In t"- U"I .., III P, II'llttUlIt'lO\Ul1ttU'lIl'lIl1r--OlI'U\1I'l -ri NNNNONNlNNNI"'4C"fC"tN N OOOOriOOOOOoooo Ii: ~~~~td~~~!U!~~~ BBBBmBBBBB ~IB ~ I~ilglllli~~~i ... . . G .. '" :l 8' ... .. ... ~ t!l ~~ tIl H . Hf-t tIlr:1 P:U ~~ ~ .. ... ... .. .. ~ f;lf;l f;l ~ !l~s .. .. ~ .. · a ., AM RCOA."'f""lf4R ~V! H a H H" N r-- VI ~ ~ : 1~;lli:;;~a~~~ \.4 VI lQ .. CQ CQ CQ ~ IQ 0 J ~... ..... " ... ~:~~:~222=~:::~0\ .. ~ E ~ ~ ! f;l I .. a ~ .. III ~m ~i ~ ! g ~ 0..... ., u ~ i i l!; . I .. . ~ t ~ ~ o u .. a u .. .. · ~ ~ ~.. i a ~ ~ .. ~.. t · ~ III 2 01 H ~ ~ ~. m .. i 4 ~ H J ~ ~ ~ 0 g~!t:l<E=:~~2a~i ! ~~Ei~~S~f;l~~~E ~ :j~<1~~i~iOB~l!;~o II~i~~~i~li~i~~ " g U 0\ .... rt ,., . o O....t"If""lM.... COrlNNNN M ClOCIOf""lMMf"'lIf""l"''''NNNNN f: r-r--r--r--r--r--oooooooo :E: \O\O\O\D\oIDCIOCIOCIOCIOCOG)CIOOi) NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 CASE NO. -06 FEE: $300.00 APPLICATION FOR RELIEF LaBEl Court PlaBIPlaB Book & PagelPlan File No.: ll-A. Plan F Date lot acquired: 2/2/96 Deed Ref./Cert. of Title: 495-60 bt No.::i 3 w' Zoning DistricCl LU8-2 o;.J Uses on Lot _ Commercial: None_ Yes (describe) Customary home occu~ation: boat rentals Residential: Number of dwellings_ Duplex_ Apartments_Rental Rooms Building Date(s): All pre-date 7/72? or C ofO(s)? Building Permit Nos: Previous Zoning Board Application Nos.: Jeffrev D. Brvans c/o Reade. Gullicksen. Hanlev & Gifford. LLP Same 6 Youn Post Office Box 2669 Nantucket 105 Surfside Road Assessor's MaplPar# I Owner's name(s): Mailing address: Applicant's name(s): Mailing address: Locus address: "...'! 8.,..4 c ,., State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: This is an appeal from a "Notice of Zoning Code violation and Order to Cease, Desist and Abate" (the "Notice") issued by the Zoning Enforcement Officer, dated May 31, 2006, attached hereto. The Notice asserts that the owner is using the locus as a "commercial boatyard", and for "commercial servicing, repair or construction of boats or boat motors within the Public Wellhead Recharge District". In fact, the owner is conducting a customary home operation, with the office in connection with his boat rental operations being situated upon the premises, and boats upon the locus are owned by the owner and are present there for storage only in properly- screened locations, ancillary to the customary home occupation. Accordingly, the owner, being aggrieved by the Notice. brings this appeal from the Order contained in the Notice, under Nantucket Zoning By-law ~139- 31. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the p 'ns a d penalties perjury. SIGNATURE: I, ~ Applicant Attorney/Agent x (H not owner or 0 ner's attorney, p ease enclose proof of agency to bring this matter before the Board) FOR ZBA OFFICE USE Application received on:~~_ By: Complete: Need copies?: Filed with Town Clerk:_/~_ Planning Board:~~_ Building Dept.:~~_ By: Fee deposited with Town Treasurer:_/~_ By: Waiver requested?: Granted:~~_ Hearing notice posted with Town Clerk:~ ~ _ Mailed:~ _I _ I&M:~ ~ - & ~ _/- Hearing(s) held on:~ ~ _ Opened on:_/ ~ _ Continued to:~ ~ _ Withdrawn?:_1 ~- DECISION DUE BY:_I_/_ Made:_/~_ Filed wrrown Clerk:~_I_ Mailed:~_I_ DECISION APPEALED?:_/~ _ SUPERIOR COURT: LAND COURT Form 4/03/03 ,- BUILDING AND CODE ENFORCEMENT DEPT:' TOWN BUILDING ANNEX 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Telephone 508-228-7222 Tele Fax 508-228-7249 Notice of Zoning Code Violation And Order to Cease, Desist, and Abate Mr./Mrs./Ms. Jeffrey Bryans of 105 Surfside Rd., and all persons having notice ofthis order: As owner/occupant of the premises/structures located at 105 Surfside Rd. (Map# 80, Parcel#4), you are hereby notified that you are in violation of the Nantuck~t Zoning Code ~~139-6, -12B(2)k, -26 and -28 and are ORDERED this date, 05/31/06, to: 1. IMMEDIATELY CEASE AND DESIST all functions connected with this violation on, or at, the above mentioned premises. Summary of Violation JI39-6: bnproper use ofland within the Limited Use General-2 (LUG-2) zoning district: commercial boatyard. J139-12B(2)k: Commercial servicing, repair or construction of boats or boat motors within the Public Wellhead Recharge District. J139-26: Construction of shed without permit. J 139-28: Use of structure without a Certificate of Occupancy. 2. COMMENCE, within five (5) da~'s, action to abate this violation permanently. Summary of Action to Abate _ Immediately cease all operations associated with the boatyard including, but not limited to, storage, repair, servicing and any and all ancillary services. _ Receive the appropriate permitting for the shed, or remove said structure from .the property. Zoning violations may result in fines of up to $300 per day, as allowed in ~139-25 of the Zoning Code. If you are aggrieved by this notice and order, you may show cause as to why you should not be required to comply by filing an appeal with the Nantucket Zoning Board of Appeals, as specified in 9139-31 of the Zoning Code, within thirty (30) days of this order. :-;:t ~:t 1 . d SOZl.-8ZZ-80S swe1II1M epu1. dSE : EO SO 80 Unl 01/14/2006 09:14 FAX 5082285630 READE GtlLLICKSE tmUUl &/14 ft. S,()O .. . Town of Nantucket ZONING BOARD OF AP~JA~ RECEIVED BOARD OF ASSESSORS JUN 1 4 2006 TOWN OF NANTUCKET. MA LIST OF' PAATlES IN MEREST IN THE MATUR O}\' THE PETlTJON OF . P~OPER TY OWl<E~..... .J.~ :ft~. .~-P..:. .~(UJj...,.....,. '. MAILrNC ^DciRESS_,.~!.9..~.~~~.~.." .9.'!~.H~~~l,l... ..~~~. .~1...~, .~.~~~.~?-:~.~. LLP PROPERTY L~C^ TION .......,. .../. Q. ~.. .~.v..r:. f..s. 1.~ ,..f<~.o:d..., A,SSESSOR S MAPI'PARCEL. ......... ..... ...BQ...:..~.... ...... ...... ............ APPL!CANT-.. ~',~4~", ,9,\l::t:.~1.~~~.~~ I. .~~~~~J. .~. ~:.~~~~~.'. .~...."., ....... SEE A1iACHED PAGES I ten i Fy ~hal lhe fon:going is , list of pCl'$Qns who' art ownCrl or ab\lnins propcl'\ y, oWners of . 11Ild direclly opposite on any pu~li<: or private streel Or w&Yo"UId ab\lncTl Qr,hc a\lulIcTs Vld ,II oIlier 'and Dwncrs ....ithin 300 feet of tht property line of' o.....nn.s property, .1\ I' they 'ppcv 01'1 the mou feCtl'l1 applicable \a~ lisl eM.O.l. c. 40A. SeCtion 1l Zonins Code Chapter 1 }9. Seclion 139-290 (2) . ~,I5;...gqtJ6 cZTE' .... -~ ., P~ll ;JJeJ ASSESSOR'S QfFlCE Town orN~mud:el ! fil fil fil fil fil !< fil fil !<!<!<!< .... ~......:o:.... III III III ~ ~~~aaa~ea~~~~fD ~ iliiiiiii~~~~~1 ).! \D fI.I.... 0 ..,. IQ CD r- C) llS 00\ 000 00 COON PI "O\UI....~r4rt"r1fCrtNNO\ ~ ... ... .. ... .... .. .. ... .... '^ rt .. .. U'l It) III '" rt U'l ClO III CD 1ft r-- III III 11'I g. III U'l Itl U'l 0\ an U'l U'l Itl 1fI r- ... VI an .... rtNNNO('tNNNNriNC'4N N 0000....000000000 t; ~~~~lO~~~~~~~~~ SBBBmBBBBB eBB ~ miiig~mi~i~~~m ... . . . -ll ~ ! .... i CI ~~ rn H . ..:IE-< ~B ti~ ~ .... ... ... .... ~ ~ .. fil fil fil ~ ~ !< S · · ~ · · a III ~. ~ w A . It) M ~ A ~ III H A H H" rt r- VI ~ :t1~~~:~~~~iB ~ : ~~ll~g~llllll~ ~~~ ~UI III"" ..III..IQIQ &QOu fl( ~:2~~~222~~:;~0\ t< ~ ~ a ~ ~ li1 I t< E ~ t< .. ~ ~ In: ~! .. s ~ .. ~ ~ 0__ III U r: ~ I ~ ! . I ~ . ! 8 t< a U .. t< ~ ~ :0: ~ .. E ~; t< ~ III t p; i rn H en ~ ~.. III .. ~ ~ r:" ~ ~ ~ ~ 0 ~.,!~"EIIl:8~iE~1 I c:~a~~:a~~t<~~E ~ :1~1S"8~~i~ta~~ '!:J [!l =.. tJ S.. 0 ~ ~~~a=a'9~~~ai~~ 6 ~ ~ U " ~ ~ u ~ .. a ~ ~ 3 > :0: ~ ~ .. g 4J 0\ '"' N ,., ... .s ~~~~~~MIll:;:::~~~~ i ~~~:;~&;~gg~gggg '7t- if' Frances Brownell 106 Surfside Road Nantucket, MA 02554 Whiting R. Willauer, Jr. c/o Whiting R. Willauer, Jr Trst 101 Surfside Rd Nantucket, MA 02554 Diane H. Cabral, Trst PO Box 3028 Nantucket, MA 02584 Town of Nantucket 16 Broad St Nantucket, MA 02554 Patricia J. Lowe Tr. & Pamela Aldsworth Tr 22 Gladlands Ave Nantucket, MA 02554 r t Frances Brownell ~ 106 Surfside Road ~ Nantucket, MA 02554 I Whiting R. Willauer, Jr. J c/o Whiting R. Willauer, Jr Trst 101 Surfside Rd Nantucket, MA 02554 Diane H. Cabral, Trst PO Box 3028 Nantucket, MA 02584 Town of Nantucket 16 Broad St Nantucket, MA 02554 Patricia J. Lowe Tr. & Pamela Aldsworth Tr 22 Gladlands Ave Nantucket, MA 02554 la~ ~.~ I!.d<; Kelly J. Davis 99 Surfside Rd Nantucket, MA 02554 Donald W. & Mary Ann Mirro 45 South St Goshen, NY 10924 Brian F. & Linda M. Davis PO Box 1225 Nantucket, MA 02554 Mark & Margaret E. Delay 75 Lowell Dr Stow, MA 01775 Kenneth G. & Jane M. Valero 9 Gladlands Ave Nantucket, MA 02554 Kelly J. Davis 99 Surfside Rd Nantucket, MA 02554 Donald W. & Mary Ann Mirro 45 South St Goshen,NY 10924 Brian F. & Linda M. Davis PO Box 1225 Nantucket, MA 02554 Mark & Margaret E. Delay 75 Lowell Dr Stow, MA 01775 Kenneth G. & Jane M. Valero 9 Gladlands Ave Nantucket, MA 02554 bcJ-fR~1 s lu.J- Catherine E. Conte Trst Southern Realty Trust PO Box 23 Nantucket, MA 02554 Mary Beth Ferro 104 Surfside Road Nantucket, MA 02554 Douglas H. & Dale C. Rutherford, Trst Rutherford Family Nominee Trust PO Box 2773 Nantucket, MA 02584 Roberta Benjamin 55 Blackbeard Dr, Apt. 1421 Waltham, MA 02451 Arthur 1. Reade, Jr. Reade, Gullicksen, Hanley & Gifford, LLP PO Box 2669 Nantucket, MA 02584 Catherine E. Conte Trst Southern Realty Trust PO Box 23 Nantucket, MA 02554 Mary Beth Ferro 104 Surfside Road Nantucket, MA 02554 Douglas H. & Dale C. Rutherford, Trst Rutherford Family Nominee Trust PO Box 2773 Nantucket, MA 02584 Roberta Benjamin 55 Blackbeard Dr, Apt. 1421 Waltham, MA 02451 Arthur 1. Reade, Jr. Reade, Gullicksen, Hanley & Gifford, LLP PO Box 2669 Nantucket, MA 02584 1.1 '. ,.,"."N :-~ ,~.f,:' ""... ,"t ,_ - ~E" 81-146 ., j 1 ! i I \~. j J I \ I . WN HEREON W~ INFORMATION SHO HOlOGRAPHS DeEDS, COMPILED fROM AE~~ ':"0 IS NOT TO BE AND PLANS Of REC~ING SUffICIENT ACCUR, CONSTRUED AS H" ACY fOR CON~EYANCE. ~ ,-:'ilocNInaJt.'( . rrhe rrown a; NANT l\I(\'HH(~ LEGEND d I. (N.C.) cleM'n not to:k~:"~~:trict Commltta. 0' the 2. B.s.A. denot.. ::; ;COII.I of Amlfica 2.78 ~ -~.