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
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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
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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' ~
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-A:ppric-a't-i'Ofi-~.O.-::'-f
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~-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.
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EXHIBIT nBn
TOWN .OF NANTUCKET
B'O'ARD OF APPEALS
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NANTUCKET, MASSACHUSET~s;b255~
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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
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NANTUCKET, MASSACHUSETT"$.. 02SS~
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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) . -.~
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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
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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 ')
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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 $300 per day, as allowed in &139-25 of
the Zoning Code.
If you are aggrieved by this notice and order, you may show cause as to why you should
not be required to comply by flling an appeal with the Nantucket Zoning Board of
Appeals, as specified in @139-31 of the Zoning Code, within thirty (30) days of this order.
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MINIMUM LOT SIZE,8;:t,....... .sF.'
MINIMUM FRONTAGE:I$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> ;
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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'
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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
$0
00495/0060
1.84 acres
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
uSing this data are available from the
Nantucket GIS Coordinator.
The information displayed or. thIs
any otller produced by The Town of
Nantucket is reference purposes Tile
Town of Nantucket does not guarantee
ilCcuracy of the data. Users are responsible for
the suitability for individual needs.
All Information is from the Town of Nantucket
t,~f",_~",_~;__~'" r,d^t.-....V~~ {r-TC^\ A'""...--.j.......~~
Town of Nantucket. Mass
Map Composed
http://host.appgeo.comlnantucketmaIPrintableMap.aspx?Preserve=Width&Map Width=432... 7/20/2006
01/14/2006 09:14 FAX 5082285630
READE G1JLLICKSE
I4l 001
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5,00
~ .
Town of Nantucket
ZONING BOARD OF APPEA~
RECEIVED
BOARD OF ASSESSORS
. JUN 1 4 2006
TOWN OF
NANTUCKET. MA
LIST OF' PAAT1.ES IN MERES,. IN -mE MA'ITER 0' THE. PETITION OF .
PROPER TV OWNER...... .J.~ ff.~. ..-;P.:. .~lU1.)...,.........
MAIUNC AOORfSS.-. ~t9..~.~~~.t?,.. .9.\!~1~~~~~... ..~~~. .';y...~,.~.~~~.~~~.~. LLP
PROPERTY L~C^ TION ........ ..../. Q.!f.?.. .~.v..r:. f.-$.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) ,
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ASSESSOR'S OfFICE
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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 $300 per day, as allowed in ~139-25 of
the Zoning Code.
If you are aggrieved by this notice and order, you may show cause as to why you should
not be required to comply by filing an appeal with the Nantucket Zoning Board of
Appeals, as specified in 9139-31 of the Zoning Code, within thirty (30) days of this order.
:-;:t
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01/14/2006 09:14 FAX 5082285630
READE GtlLLICKSE
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S,()O
.. .
Town of Nantucket
ZONING BOARD OF AP~JA~
RECEIVED
BOARD OF ASSESSORS
JUN 1 4 2006
TOWN OF
NANTUCKET. MA
LIST OF' PAATlES IN MEREST IN THE MATUR O}\' THE PETlTJON OF .
P~OPER TY OWl<E~..... .J.~ :ft~. .~-P..:. .~(UJj...,.....,. '.
MAILrNC ^DciRESS_,.~!.9..~.~~~.~.." .9.'!~.H~~~l,l... ..~~~. .~1...~, .~.~~~.~?-:~.~. LLP
PROPERTY L~C^ TION .......,. .../. Q. ~.. .~.v..r:. f..s. 1.~ ,..f<~.o:d...,
A,SSESSOR S MAPI'PARCEL. ......... ..... ...BQ...:..~.... ...... ...... ............
APPL!CANT-.. ~',~4~", ,9,\l::t:.~1.~~~.~~ I. .~~~~~J. .~. ~:.~~~~~.'. .~...."., .......
SEE A1iACHED PAGES
I ten i Fy ~hal lhe fon:going is , list of pCl'$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) .
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ASSESSOR'S QfFlCE
Town orN~mud:el
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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
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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
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