HomeMy WebLinkAbout009-08 Marine Lumber Co.
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554 N
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Date:
May 9
,2008
To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No.:
009-08
Owner/Applicant:
Marine Lumber Company, Inc.
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TWENTY (20) days after this day's
date. Notice of the action with a copy of the complaint and
certified copy of the Decision must be given to the Town Clerk so
as to be received within such TWENTY (20) days.
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Michael J. O'Mara, Chairman
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MA 02554
Assessor's Map 68
Parcel 84
RC - 2/PWRlMulti-Family
58 Old South Road
Land Court Plan 16514-C - Lot 2
Deed: Certificate of Title No. 20089
At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 :00 P.M.,
Friday, April 11, 2008, at 2 Fairgrounds Road, Nantucket, MA on the Application
of Marine Lumber Company, Inc., 134 Orange Street, Nantucket, MA 02554,
Board of Appeals File No. 009-08, the Board made the following Decision:
1 . The Applicant is requesting the Board take the necessary action and make
the necessary findings to enter a decision and execute such documents as shall
effectuate the proposed "Stipulation For Judgment" dated September 1986
regarding Nantucket Superior Court Case No. 2072 (Nantucket Board of Appeals
File No. 036-85).
In the alternative, the Applicant seeks Special Permit relief pursuant to Section
139-33A to expand a pre-existing nonconforming use and structure by increasing
the number of apartments from six (6) to seven (7) units for employee housing
and provide six (6) parking spaces and one (1) additional substandard size
parking space as shown on the As-Built Plot Plan by Earle & Sullivan dated
March 5, 2008 as "Proposed Parking Delineation". To the extent necessary,
Special Permit relief pursuant to Section 139-18 B (Off-Street Parking) is
requested.
The site is located at 58 Old South Road, is shown on Nantucket Tax Assessor's
Map 68 as Parcel 84, is shown on Land Court Plan 16514-C, and is registered at
the Nantucket County Registry of Deeds as Certificate of Title No. 20089. The
site is located in a Residential/Commercial - Zone 2/PWRlMulitfamily District.
2. Our Decision is based upon the application and accompanying materials,
representations and testimony received at our public hearing. The Planning
Board made no recommendation. No abutter comment was received either in
favor of or against the application and there were no letters on file.
3. Based upon the foregoing, the Board finds that Special Permit relief
pursuant to Section 139-33A to expand a pre-existing nonconforming use and
structure by increasing the number of apartments from six (6) to seven (7) units
for employee housing and provide six (6) parking spaces and one (1) additional
substandard size parking space as shown on the As-Built Plot Plan by Earle &
Sullivan dated March 5, 2008 as "Proposed Parking Delineation" is not
substantially more detrimental to the neighborhood than the existing
nonconforming structure and uses.
Special Permit relief pursuant to Section 138-18B, from Off Street Parking
Requirements is in harmony with the general purpose and intent of the Bylaw
and meeting the parking requirement is physically impossible for the applicant to
provide, except as shown on the As-Built Plot Plan by Earle & Sullivan dated
March 5, 2008 as "Proposed Parking Delineation". Additional parking along Old
South Road would be contrary to sound traffic and safety considerations. Due to
the construction of the Bike Path along Old South Road, four (4) tandem parking
spaces were created between the building and the planting barrier to prevent
cars from parking head-in and backing out onto the bike path.
The Board finds that the relief requested is substantially the same as requested
in Board of Appeals File No. 036-85. In the earlier case relief was denied and an
appeal was filed with the Nantucket Superior Court, Docket No. 2072. The case
was reported settled on the Superior Court Docket and a proposed Stipulation for
Judgment which was unsigned was located in the files of the Nantucket Building
Department. There was testimony from Linda Williams a member of the Board of
Appeals at the time of the 1985 case who indicated that it was her recollection
that the "Stipulation" had been agreed to by the parties. The Board of Appeals
file for the 1985 case has been misplaced.
4. Accordingly, by UNANIMOUS vote in favor (O'Mara, Wiley, Botticelli,
Koseatac and Sevrens) the Board GRANTS the requested SPECIAL PERMIT
pursuant to Nantucket By-law Section 139-33A (alteration/expansion of a pre-
existing nonconforming structure/use) and relief by SPECIAL PERMIT pursuant
to Nantucket By-law Section 139-18 (parking).
The above relief is granted upon the following conditions which are consistent
with the proposed 1985 "Stipulation of Judgment":
(a) The building shall be limited to seven (7) apartments;
(b) Two (2) of the existing apartment units in the basement shall not be
used for dwelling units and the area may have a use ancillary to the
apartment uses such as storage and utilities;
(c) The seven (7) apartments shall be used for employee housing; and
(d) Six (6) parking spaces and one (1) nonconforming parking space
shall be located on the lot per As-Built Plot Plan by Earle & Sullivan
dated March 5, 2008 as "Proposed Parking Delineation" attached
hereto as Exhibit A.
Dated:
May K, 2008
, ( 0, ~\v'v~
Nancy J. Sevrens
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Michael J. O'Mara
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COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. ~ 2008
On this lL day of May, 2008, before me, the undersigned Notary
Public, personally appeared -A/Lhc.Y.. &I/NV1_~ ,
who is personally known to me, and Vl/ho IS the person whose name IS signed on
the preceding or attached document, and who acknowledged to me that he/she
signed it voluntarily for its stated purpose.
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MINIMUM LOT SIZE:
MINIMUM FRONTAGE:
FRONTY ARD SETBACK:
SIDE AND REAR SETBACK:
ALLOWABLE G.C.R.:
EXISTING G.C.R.:
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AS-BUILT PLOT PLAN
IN
NANTUCKET, MASSACHUSETTS
SCALE: 1-=20' DA rEo' MAR. .5. 2008
DEED REFERENCE: CERT.po. 089
PLAN REFERENCE:L.C.PL.#16514-C
ASSESSOR'S REFERENCE:
MAP: 68 PARCEL: 84
PREPARED FOR:
MARINE LUMBER cr;.. INe.
EARLE ci' SULLI VAIV, INC.
18 BLUEBIRD LANE
NANTUCKET, MA. 02554
E5-48
pro pooedt=a.ridr.c D fa / /r) f'f.:",ry
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ATTORNEY AT LAW
4 BARTLETT ROAD
P.O, BOX 2567
NANTUCKET, MASSACHUSETTS 02584
FAX (508) 228-7526
fitzg rld@nantucket.net
TELEPHONE (508) 228-7525
IN HAND
March 7, 2008
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Ms, Catherine F. Stover, Town Clerk
Town and County Building
16 Broad Street
Nantucket, MA 02554
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RE: Application of Marine Lumber Company, Inc.
Property: 58 Old South Road, Nantucket
Map 68, Parcel 84
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Dear Ms. Stover:
Please certify the date and time of filing of the attached Board of Appeals Application on
the enclosed copy of this letter.
Thank you for your assistance.
Very truly yours,
A;t~
lie A. Fitzgerald
f'-.~eceived and entered:
Catherine F. Stover, Town Clerk
cc: Denis Gazaille, Marine Lumber Company, Inc.
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ATTORNEY AT LAW
4 BARTLETT ROAD
P ,0. BOX 2567
NANTUCKET, MASSACHUSETTS 02584
FAX (508) 228-7526
fitzg rld@nantucket.net
TELEPHONE (508) 228-7525
IN HAND
March 7, 2008
John Brescher, Administrator
Nantucket Board of Appeals
2 Fairgrounds Road
Nantucket, MA 02554
RE: Application of Marine Lumber Company, Inc.
Property: 58 Old South Road, Nantucket
Map 68, Parcel 84
Dear John:
Enclosed for filing, please find the following:
1. Application with Addendum plus three (3) copies;
2. Three (3) copies of Addendum II with documentation regarding Board of Appeals
chronology from Building Department, Superior Court and Town Clerk files;
3, Certified Abutters' Lists plus three (3) copies;
4. Three (3) copies of As-Built Plot Plan dated March 5, 2008 by Earle & Sullivan, Inc,
with "Proposed Parking Delineation";
4. Three (3) sets of floor plans dated 2/22/2008;
5. Two (2) sets of mailing labels; and
6. Check in the amount of $300.00
Please schedule this matter for hearing on April 11 , 2008.
Very truly y;t.' g.nnL?A LJ
J lie A. Fitzger~rc:..w-- --
Enclosures
, cc: Catherine F. Stover, Town Clerk
Denis Gazaille, Marine Lumber Company, Inc.
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300,00
File No.
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Owner's
Mailing address: 134 Orange Street, Nantucket,' MA 02554
Phone Number:508. 228 .O~OO
E-Mail: dgazaille@aol.com
Applicant's name(s):139-trtE?
Mailing Address:
Phone
E-Mail:
Locus Address: 58 Old' Sout!:tJ~,~~d ,
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Assessor's Map/Parcel:~8j8~
Land Court Plan/Plan Book & Page/Plan File No,:Land. Court Plan 16514,:,C; Lota
Deed Reference/Certificate ofTitle:Cert. 20089 Zoning DistrictR:-C2!PWR!Multifaa
Uses on Lot- Commercial: NoneX. ",'., Yes (describe)
Residential: Number of dwellings Duplex
Date of Structure(s): all pre-date 7/72 X. , or
Building Permit Numbers:
Previous Zoning Board Application Numbers:026-8L an.d036-85
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
I, Print Form
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State below or attach a separate addendum of specific special permits or variance relief applying for:
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
Owner*
SIGNATURE
::2.0D$- I~_::=J
~pplicant/~/ Agent*
*If an Age t' representing the Owner or the Applicant, please provide a signed proof of agency,
OFFICE USE ONLY
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
ADDENDUM
The Applicant is seeking the Board to take the necessary action and make the
necessary findings to enter a decision and execute such documents as shall
effectuate the proposed "Stipulation For Judgment" dated September 1986
regarding Nantucket Superior Court Case No, 2072 (Nantucket Board of Appeals
File No. 036-85).
In the alternative, the Applicant seeks Special Permit relief pursuant to Section
139-33 A to expand a pre-existing non-conforming use and structure by
increasing the number of apartments from six (6) to seven (7) units for employee
housing and provide six (6) parking spaces and one (1) additional substandard
size parking space as shown on the As-Built Plot Plan by Earle & Sullivan dated
March 5, 2008 as "Proposed Parking Delineation". To the extent necessary,
Special Permit relief pursuant to Section 139-18 B, from Off-Street Parking
Requirements is requested.
The property is numbered 58 Old South Road (Map 68. Parcel 84). It is located
in a Residential/Commercial - Zone 2/PWRlMulitfamily District.
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AS-BUILT PLOT PLAN
IN
NANTUCKET, MASSACHUSETTS
SCALE: 1"=20' DA TE: MAR. 5, 2008
DEED REFERENCE: CERT.#2O, 089
PLAN REFERENCE:L.C.PL.#16514--C
ASSESSOR:5' REFERENCE'
MAP: 68 PARCEL: 84-
PREPARED FOR:
MARINE LUMBER cg., INC.
EARLE &- SULLIVAN, INC.
18 BLUEBIRD LANE
NANTUCKET,MA. 02554
ES 48
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NANTDC~BT ZONING BOARD OF APPEALS
TOWtl AND COUNTY BUILDING
", NANTUCKET, MA 02554-
ASSESSOR'S LIST OF PARTIES IN INTEREST
{Y\o..non (~. h-cmorcL~'rrz.cl~ an Q W~(tJ. r:- ?+olrrws j7fVs.~
PROPERTY,O~ER: ~16:0A F E3al' 0U~
'APPLICANT F9R RELIEF (SAME? v):
, ADDRESS. OF ,PROPERTY : 5"'8- :0 tel Sou+-~ ~ , *
A;3SESSOR' ~ MAP - PARCEL: f.2g-- - f<-{ *
LIST 'QF PARTIES INCLUDING ADDRESSES * (OR SEE ATTACHED ___) :
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RECEIVED
BOARD I~SSESSORS
FER 1 4 2008
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NAN"i"U:,:'Ci.:: f, MA
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;: ., !" certifY':.th,~t ~~the 'foregoing (or the attached _) lis1;s
all,'persons.;':, natural or legal, who are owners of abuttJ.ng
, property,~~~:o.wners, of' land directly opposite on any public
. or private-:street or way ~ .and abutters of the abutters and
all other land owners within three hundred feet of the
property' line ',of Owner I s property, as they (and their
address) appear on the most recent applicable tax list
[per.M.G~L. c.40A, section 11 and zoning Code Chapter 139,
section 1~Q~2~D{2)].
;) / IS /O~
Date ' I
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Assessor, Town 0 Nan~ucket
, .,
*NOTE: APplicant '(petitioner) 'should include with the lot
~or which zoning relief is sought, any commonly-owned
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matter. List map and parcels for each abutter.
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Nantucket Isl~d Land Bank
22 Broad Street
Nantucket, MA 02554
Commonwealth of Massachusetts
c/o Dept. of Environmental Protection
100 Cambridge Street
Boston, MA 02202
Old South Road Trust
60 Old South Road
Nantucket, MA 02554
SAVER.Y@
Address labels
Use template for 5160@
Lee H. Dunn, Inc.
PO Box 1846
Nantucket, MA 02554
Lee H. & Tharon Dunn
PO Box 1846
Nantucket, MA 02554
Daniel Lemaitre, Trustee
56 Old South Rd Realty Trust
5 West Way
Nantucket, MA 02554
Warren G. & Richard Valero Realty Trust
60 Old South Road
Nantucket, MA 02554
Walter J. & Anne Glowacki
PO Box 1460
Nantucket, MA 02554
Kim Glowacki
PO Box 28
Nantucket, MA 02554
laser
5160@
" ,"
ADDENDUM II
CHRONOLOGY
. Application to the Board of Appeals (Case No. 026-81)
. Board of Appeals Decision dated May 19, 1981 re: Kala Corp. (026-81)
. Application to the Board of Appeals, Case No. 036-85 by Egan
. Parking Plan
. Abutters List
. Board of Appeals Decision (denial) dated June 7,1985. File No. 036-85
. Superior Court Civil Action No. 2072, Complaint by Albert F, Egan, Plaintiff
v. Board of Appeal of Nantucket et al
. Stipulation for Judgment in Civil Action No. 2072 (unsigned)
. Letter dated June 18, 1987 from Jonathan D. White, Esq. to Elbert A.
Ulshoeffer, Building Commissioner
. Letter dated July 27, 1987 from Jonathan D. White, Esq. to Stephen J.
Butler, Deputy Building Inspector
. Easement dated March 7, 2007 filed as Document No. 111104 regarding
Bicycle Path Easement
"'~' .
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", AB-l
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FEE $50.00
Case No.
APPLICATION TO THE BOARD OF APPEALS
Nantucket
March 20, 1981
To the Members of the Board of Appeals:
The undersigned hereby applies for reliet trom the terms of the
(ZONING BY-LA W) (BUILDING CODE) on property described below:
Location of Property Old South Road, Nantucket, MA
Lot No.
Plan No.
District is Zoned for
Type of structure (Existing or Proposed) or proposed u~~:
Owner's Name Kala Corp.
c/o Richard LaSalle
Owner's Address F. O. Box 2451, Fall River, MA 02720
vVhcn did you acquire this property?
Has application been filed at Building Department? No
I-l as any previous appeal been made'? No
Section of By-law or'Code from which relief is requested: S1?ecial Fermi t
Reason for aski"ng relief: Side line relief to permit construction of
fire escape. Additional relief to allow continued use of two
apartments located on "basement" floor level.
Kala Corp, by it
Signature of applicant
Wayne F. Holmes, Esq.
A TT l\CH: (1) A list of the names and addresses of each abutting owner and
owner abutting the abutters.
(3) Map or plan showirig the location of the property to be
considered.
I
I
I
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I'
(2) Check in the amount of $50.00 made payable to the Town of
Nantucket.
(4) If the applicant is other than the owner, please indicate your
authority to make 'this application.
,
BOARD'S DECISION
Application submitted to Board :
Advertising dates j
Hearing date
Decision of Board :
Decision filed with the Town Qerk -
) l)?
/
Town of N antudtet
Zoning Board "1 A/,/,etdn
Nantucket, Mass. 02554
oc:;;to .-~ ~ /.
'\
~1a y 19, 19 81
Re: KALA' CORP. (026-'81)
Enclosed please find notice of a decision of the
BOARD OF APPEALS which has this day bee~.filed with
the Town Clerk.
Any appeals from this action shall be made pursuant
to Section 17 of Chapter 40A of the General Laws,
and shall be filed within twenty (20) days after
this date.
Robert F. Mooney, Chairman
NANTUCKET BOARD OF APPEALS
.
.
~1"'/
./""/ I
/_/ II
.' " II
Ii DECISICN:
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BC.)ll.RD CF APPF.ALS
Nantucket, Massachusetts
At a Il'eeting of the BmRD CF APPFAIS held on Friday, May 8, 1981,
at the Town am COlIDty Building, in the matter of the application
of ~..IA CORP. (026-81), after due deliberation, the Board fourrl:
1. This is an application far a Special Permit to allow the con-
tinued use of n-JO apartments located on the basement level of a
wilding on Old South Road, a.rrl far sideline relief to penni t the
construction of afire escape to serve upstairs apartments in the
same wildin;J. The property is locatErl in an area zonErl
Residential/CcJttrercial am is largely surrourrled by camE'cial
acti vi ties. The present building was purchasErl by the Applicant
in 1977, arrl apparently contains six apartments, of which four
were legally establishErl ante zoning arrl two basem:mt aparbnents
were creatro subsequently.
2. This Board has frequently been confrontEd with proposErl con-
struction of apartment arrl other multiple dwelling units in
existing buildings. AI thoUJh there may be strong public policy
ard econanic reasons far crooting ar multiplying apartment units
in Nantucket, the present zoning by-law does not penni t any
apartments whatsoever. We, therefare, would be excee::1ing our
autharity by pennitting the additional apartments herein recruestErl.
3. The establishment of the fire escape is another matter, in-
volving public health a.rrl safety, in which we are willing to
grant relief, providro, however, the Applicant obtains the
written assent of the abutting owner of IDt 1 on land Court Plan
No. l65l4-C. With th;is assent, we will grant relief by pennitting
the construction of afire escape to wi thin two (2') feet of the
property line, such an incursion not being a substantial viola-
tion of the intent of the by....law am being sactioned by necessity.
For the roosons set farth, t.he application far a pennit to
establish the two basement apartments is denied, an:l the applica-
tion far oonstruction of the fire escape is granted, subject to
obtaining the written assent of the abutting owner.
~~~~~
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BOA'RD CF i\PPFAIS
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NOTICE
A Public Hearing of the BOARD OF APPEALS will be held
FRIDAY, MAY 8, 1981, at 3:00 P,M., in the TOWN AND
COUNTY BUILDING, FEDERAL AND BROAD STREETS,
NANTUCKET, on the application of KALA CORP seeking a
Special Permit in order to erect a fire escape and to
allow continued use of two apartment located on
basement floor level on property located on Old South
Road and which is zoned RESIDENTIAL/CO~~ERCIAL.
~~~~~ ~~"l~t
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~~.~~.
\-~~~ ~
Robert F. Mooney, Chairman
Board of Appeals
,\ll-l'
['EE $100.00
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Case No. lLW-~
APPLICATION TO THE BOARD OF APPEALS
Nantucket, Massachusetts
,u the: f"1c-:',bL'lS of the Board of Appeals: (
The L1ndersigned hereby applies for relief from the terms of the
i;',('r;I~;l; [\'1-1.,'\\'1) (BUILDING CODE) on property described below:
, '('ill ion '-'I Property 58 Old South Road
:,)t. :-~o.
2
Plan No. Land Court Plan 165l4-C
J J,t Ilet is zoned for Residential Commercial
, ,., u f ~:: t r UL" ture (Existing or Proposed) or proposed use :resident~~ apartment
,,'lit J 0 S \,1111(' Albert F. Egan, Jr.
":,0'10 S ..\ddress Mill Hill, Nantucket,
"I:"n .~ id j'ClLl acquire this property?
'!"s ,,['['] 1',-,1tion been filed at Building Department?
,..,; ,Iny ! n'vious appeal been made? No
. I I )11 uf By-Law or Code from which relief is requested:
I _'_~__
, 1I. - ~P1/<aO ~ j ...1)- J)a AAQ./<M.OJ {~. I tfl A- 100 11 u:r ~ (l~
"','ll lut ,Isking relief: Expansion of pre-exis in;-;tn-conforming u~e by
the renovation of the interior of the existing structure to increase
-.- -- -
the number of residential units from six to nine requires special
permit relief pursuant to Section 71. The intended use is for
----------
MA
1984
No
,employee hOll!,; i ng To m",,,,j- rllrr"'nt- buiJ Cl i n'J, .,fir", ;>nn saLe.t.y rnn",,,,
Sil)nature of applicant
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\ 11 i\ list of the names dnd addlC'SSE'S of e<1ch abuttinq owner
,Ind OWI~er abuttin9 the abutter's.
^ check in the amount of $100.00 made p<1yable to the 'I'r.:J'Nn
of Nantucket.
(3) Four copies of the application and a map or plan showing
the location of the property to be considered,
(4) If the applicant is other than the owner, please indicate
your authority to make this application,
BOARD'S DECISION
;1 licltiun submitted to Board ri0~-f'
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TOWN OF NANTUCKET
BOARD OF APPE^LS
Name
List of parties in interest in the matter of the petition of:
Albert F. Egan, Jr.
j\ddress Mill H,ill, Nantuckeh.., ~~54
68/18/1
I'tuperty Address ---2.(LOld_ South Road
I certify the foregoing is a list of persons who are owners of
land abutting the property and owners of land directly opposite
the property on any street or way, and owners of land within
300 feet of the property, all as they appear on the most recent
applicable tax list.
--- /
__!__~.;L_~F~ - _
18.2
18.3
82
83
85.1
85.2
85.3
156
157
203
II.) I c~
Donald W, & Gertrude Holdgate
Old South Road, Nantucket, MA 02554
LydIe L. & Rowena E. Rickard
Polpis Road, Nantucket, MA 02554
Commonwealth of Massachusetts
Old South Road, Nantucket, MA 02554
Arlene B. Chr~stman
Washington Street, Nantucket, MA 02554
Nantucket COllaborative
c/o Gorovitz, Hurst, et al
24 Federal Street
Boston, MA 02111
Warren G. Valero
Poverty Point Road
Nantucket, MA 02554
Walter J. & Anne Glowacki
Old South Road
Nantucket, MA 02554
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l\SSCSSOl
Town of Nantucket
0>6:-
-
TOWN OF NANTUCKET
63&--~5
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
June 7, 1985
\~
Re: ALBERT F. EGAN (036-85)
~
~
~
(\)
-,
Enclosed, please find notice of a decision of the BOARD
OF APPEALS which has this day been fileQ with the Town
Clerk.
:1',
Any appeal from this action shall be made pursuant to
Section 17 of Chapter 40A of the General Laws, and shall
be filed within twenty (20) days after this date.
\I)
G"I
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(
~~;f~
William R. Sherman, Chairman
BOARD OF APPEALS
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MAY 24,
1985 at 1:30 pm. in the Town and County Building , Nantucket, rendered the
following decision in the Application of ALBERT F. EGAN (036-85) of Mill
Hill, Nantucket, MA 02554.
1. Applicant seeks a SPECIAL PERMIT under SECTION 71 (codified as
Section 139-33) of the Zoning By~Law to expand a pre-existing non-conforming
use,by making structural changes to the interior and, ~n the exterior, ex-
tending a fire-safety stairway from the second floor to ground level. The
property is located at 58 OLD SOUTH ROAD, Lot No.2, Land Court Plan 16514-C
and is zoned RESIDENTIAL-COMMERCIAL. If relief is granted, Applicant will
be able, not only to resume use of two pre-existing second-floor apartments
by meeting Code requirements for a, second exitway, but also will be able
to put into use up to three existing apartment units in the basement for
which off-street parking spaces are required.
2. At the request of Applicant's. attorney, notice for our initial
meeting May 3, 1985 on this matter also included 'request for relief by
Variance or Special Permit under Section 5 (codified as Section 139-16)
with respect to side yard setback under the intensity regulations. By a
proposed relocation of the exterior existing stairs to the rear of the
bUilding, the need for such relief was obviated and the request withdrawn
at that meeting.
3. Under Section 6B (codified as Section 139-18), "no building...
shall be... enlarged or used unless the off-street parking space require-
ments are provided...(A)nenlargement of any building shall require the
provision of off-street parking for the existing building as if it were new-
lycionstructed." For Applicant, addition of the exterior exitway required
for activating the pre-existing second-floo~ apartments was argued not to
be a structural enlargement although the result would be an increase from
4 to 6 usable dwelling units. Absent any enlargement, the corresponding 6
parking spaces would be grandfathered. See proceedings in Chalecki v. ~ala
Corp., Civil Action No. 1980 in Superior Court, Nantucket Division,
. (0.36 ... ~ 5 )
-2-
validating status of the 6 units as pre-existing non-conforming uses, and
our proceedings file no. 026-81. (We are mindful also of Town Counsel's
opinion let ter of May 1, 1985 tha t we may in these proceedings, ignore the
injunction in that suit lying against Applicant upon his assuming the in-
terest of Kala.) The prior uses have not been "abandoned."
4. Abuttors Valero and Rickard opposed any increase of units entail-
'ing our waiver of off-street parking. The former offered photographs and
testimony that parking between the front of the building and the heavily-
traveled paving of Old South Road would be unsafe and entail use of the
public's roadside easement. The Planning Board recommended unfavorable ac~
tion with existing parking in front that necessitates vehicles to be backed
out onto Old South Road (but favoring construction of the stairway to serve
the second-floor units). Counsel for abuttor Christman also opposed but for
reasons at least partly mooted by relocation of the stairway from the
Christman side lot line.
5. Applicant's response to parking concerns was an engineer's plan
for 9 spaces, said to conform with the S139-18C requirements of 9'x20'
spaces and 15' aisle width for 450 parking in the front Additionally, the
S139-18F screening requirements are satisfied in substance, considering
paramount safety concerns, by an elongated paved island along side the road
paving with low plantings and by marked entry and exit at either end. Back-
ing onto Old South Road is thus avoided. While limited space leaves ques-
tions about ease of manuevering in and out of the9 spaces within the tight
bounds of Applicant's property, this is not grounds for denying relief.
6. Board Member Vollans expressed doubt that the traffic island and
\
front aisle c~uld properly be located between Applicant's lot and the road
paving, also general c~ncern with the intensity of use even if limited to
7 units total. (Applicant's position is that 6 units are lawful and a
building permit proper for the exit stairway-arguably conditioned on B
~139-33 finding by the Building Inspector that, with improved parking pro-
visions, any extension or alteration will not be substantially more detri-
mental than the existing non-conforming use to the neighborhood.) Appli-
cant's attorney was willing to accept our conditioning relief for 7 units
on provisions of the island and aisle.
.. ('036:-85)
-3-
7. Upon motion made and seconded to grant relief for 7 units based
on the engineer's plan, members Sherman and Williams voted in favor and
Vollans against. Accordingly, relief is DENIED.
Dated: June 7, 1985
Nantucket, MA 02554
~~?/rfJ-
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William R. Sherman
fhr~i2If!l~
Dorothy D. Vollans
~U ~l\. <;}-.uJ~h~
LindaF. Williams
W'l,
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COMMONWEALTH OF MASSACHUSETTS
NANTUCKET, SSe
Superior Court
Civil Action
No. 2fr) )-
ALBERT F. EGAN )
Plaintiff )
)
v. )
)
BOARD OF APPEALS OF NANTUCKET )
WILLIAM R. SHERMAN )
LINDA PERRYMAN WILLIAMS, and )
DOROTHY D. VOLLANS, as they are )
members of the Board of Appeals )
of Nantucket )
Defendants )
FILED
~TTEST JUN 20 1985
NANTUCKE'"
COURT ICf~:~RIOR
COMPLAINT
Plaintiff, by his attorneys, complains of defendants as follows:
NATURE OF ACTION
1. This is an action pursuant to G. L. c. 40A, sec. 17 for
judicial review of action of the defendant Board of Appeals of
Nantucket which refused to grant relief on the application of
Albert F. Egan to expand a non-conforming use. This action also
seeks a declaratory judgment that Plaintiff's proposed use of his
property is permissible as a nonconforming use.
2. Plaintiff, Albert F. Egan, is an individual who resides at
Mill Hill, Nantucket, Massachusetts.
3. Defendants are the Board of Appeals of Nantucket and the
individual members of the Board of Appeals. The addresses of the
individual members of the Board of Appeals named as defendants
herein are as follows:
-1-
William R. Sherman
Gay Street
Nantucket, MA 02554
Dorothy Vollans
Front Street
Siasconset, MA 02564
Linda Perryman Williams
Nantucket, MA 02554
COUNT I
4. Plaintiff is, and has been since on or about May 1984,
owner of certain real estate located at 58 Old South Road, in
Nantucket. The Locus is located in a Zoning District designated
in the Town of Nantucket Zoning By-Law as "Residential Commercial".
At all times after the Plaintiff purchased the Locus, there was
located thereon a building used as an apartment house, and all
being a valid non-conforming use.
5. On April 2, 1985, an application for relief was filed with
the Board of Appeals and with the Town Clerk, all as provided by
the law.
6. On or about May 24, 1985, the Board of Appeals held a public
hearing at which time Plaintiff presented its case showing why the
expansion was a permissable continuation of a non-conforming use as
an apartment house.
7. On June 7, 1985, the Board of Appeals filed its decision
denying the application of Plaintiff, with the Town Clerk.
8. The Board of Appeals exceeded its authority in denying this
use for the reason that Plaintiff's proposed use is a valid continu-
ation of the prior non-conforming use which entitled Plaintiff to
the permit to use the premises as and for an apartment house as a
matter of right and the Board based its decision on impermissable
standards.
-2-
WHEREFORE Plaintiff prays that the Court enter an order:
Annulling the decision of the Board of Appeals; and
Ordering the Building Inspector to issue Plaintiff the con-
struction permit.
COUNT II
9. Plaintiff incorporates by reference, paragraphs 1 - 12.
10. There is an actual controversy between Plaintiff and
Defendants relating to the use of the Locus.
11. Plaintiff's proposed use does not change or substantially
extend the prior non-conforming use.
12. Plaintiff's use as an apartment house is for the same
purpose as the prior use and is not conducted in a substantially
different manner or to a substantially greater extent.
13. Plaintiff's proposed use is permitted as of right as a
non-conforming use pursuant to Nantucket Zoning By-Law sec. 71(1)
and G. L. c. 40A, sec. 6.
WHEREFORE, Plaintiff prays that the Court enter an order:
Declaring that Plaintiff's proposed apartment house company use
of the Locus is a valid non-conforming use; and
Ordering the Building Inspector to issue Plaintiff a building
permit.
June 18, 1985
Attorney for Plaintiff,
Albert F. Egan
-3-
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COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
Superior Court
Civil Action No.
Albert F. Egan
vs.
Board of Appeals of Nantucket
William R. Sherman
Linda Perryman Williams, and
Dorothy d. Vollans, as they are
members of the Board of Appeals
of Nantucket
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This action, having been reported as settled, will be dismissed in 11
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ORDER
ten days unless final papers are filed.
Dated: September 18, 1986
By the ~ (Barton, J 1(i' (
~/c.~
erk/Magistrate
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TRIAL COUR1 OF THE COMMONWEALTH
SUPERIOR COURT DEPARTMENT
NANTUCKET DIVISION
Civil Action No. 2072
**********************************
*
ALBERT F. EGAN, *
Plaintiff, *
*
v. * STIPULATION FOR
II * JUDGMENT
BOARD OF APPEALS OF NANTUCKET *
WILLIAM R. SHERMAN, LINDA *
I' PERRYMAN WILLIAMS, AND *
DOROTHY D. VOLLANS, as they *
II are members of the Board of *
Appeals of Nantucket, *
Defendants. *
I, *
!:
" **********************************
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Now come the parties in the above entitled action, and in
consideration of the voluntary dismissal with prejUdice of this
action, stipulate, covenant, and agree as follows:
1. The Defendant hereby grants the Plaintiff a Special
Permit under Section 139-33A of the Nantucket Zoning By-Laws to
alter and expand a pre-existing, non-conforming Use by making
the proposed structural changes to the bUilding interior and, on
the exterior extending a fire-safety stairway from the second
floor to ground level, property teing located at 58 Old South
I' Road, Lot NO.2, Land Court Plan No. 16514-C, subject to the
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I 2. The subject premises shall be restricted in Use to no
,I more than seven (7) apartments (i.e., dwelling units within the
meaning of the Section 139-2 definition in the Nantucket Zoning
BY-Law). Said apartments are to be used by employees of
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Marine Lumber, its successors and assigns only and no room or
rooms constituting less than a dwelling unit (i.e., with
kitchen) shall be rented or leased. No office or other
commercial use is permitted on the premises without prior
Special Permit from the Board of Appeals.
3. No more than one (1) of the apartments (dwelling units)
shall be in the basement and shall not exceed one-half (1/2) of
the total basement square-footage. Any remaining basement area
shall have a use ancillary to the apartment uses, e.g., storage
and utilities.
4. The Plaintiff shall provide at least seven (7) parking
spaces on the lot and shall lay them out and maintain markings
delineating them as set forth in the parking plan marked Exhibit
"A" submitted by the Plaintiff and attached hereto.
5. To provide for traffic safety, Plaintiff agrees to apply
promptly to the Selectmen or County Commissioners for the
construction and installation of a barrier island between the
front parking area and Old South Road defining separate entry
(to the east) and exit (to the west), as set forth in the above
mentioned plan, said barrier island to be constructed with
straight and rounded curbing stones (as used at the Finanst
Supermarket parking lot), earth filled and planted with low
vegetation so as to be landscaped and maintained as a planting
strip buffer. Plaintiff agrees that the cost of such
constructions shall be reimbursed by it to the Town of
Nantucket.
6. In the event Plaintiff shall be required to install the
- 2 -
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said barrier island on the property of Plaintiff, then the
aforesaid number of parking spaces required by the Board of
Appeals shall be reduced to six (6).
Witness our hands and seal this
day of September, 1986.
BOARD OF APPEALS
By:
ALBERT F. EGAN
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DEUTSCH WILLIAMS BROOKS
DERENSIS HOLLAND & DRACHMAN. P.C.
A TTORNEYS AT LAW
MORRIS L. DEUTSCH
BURTON L. WILLIAMS
STEVEN J, BROOKS
PAUL R, DERENSIS
ROBERT E, HOLLAND
ALLAN W. DRACHMAN
ROLAND GRAY. III
WILFRED J, BENOIT, JR.
RICHARD D. BICKELMAN
VALERIE SWETT
JOHN FOSKETT
OF COUNSEL
JACK GREEN. P,C,
BARRY L. MINTZER, P,C,
PATTI S, SPENCER
REPLY TO
ARTHUR J, CARON, JR
WILLARD J, FRANK
ROBERT A, ADELSON
MARY JO HOLLENDER
RODNEY G, HOFFMAN
ERIC I. ZUCKER
JONATHAN 0, WHITE
PATRICK L. EGAN
ELISABETH C. GOODMAN
LAURA R, FORD
BRIAN M, CULLEN
JOHN M, CAREY
ONEIJBERTYSQUARE
BOSTON, MASSACHUSETTS 02109
(617) 482.6300
TELEX 650.2585387
TELECOPIER 617.350.5043
Liberty Square
June 18, 1987
8a: I nankala. jdw
WALTHAM, MA OFFICE
BAY COLONY CORPORATE CENTER
950 WINTER STREET
WALTHAM. MA 02154
(617) 890.7100
Elbert A. Ulshoeffer
Building Commissioner
Town of Nantucket
Town and County Building
Nantucket, Massachusetts 02554
Re: Kala Corporation
Dear El:
We have made some progress on the resolution of this issue.
We began our inquiry by speaking with Attorney Vaughan and Attorney
Fitzgerald. They were the attorneys of record in the action
brought in the Nantucket Superior Court. This action was ultimately
reported as settled by the parties. No agreements were filed
with the Court to memorialize the terms of the settlement and
consequently the action was dismissed by the Court.
We understand that the reason that no agreement was filed,
was that the issues on which the action was based became moot when
the Board of Appeals granted a special permit concerning the use
of the property for multiple dwelling units. We have been unable to
obtain a copy of the special permit or the decision on which it
is based. We would ask you to assist us in locating a copy.
We have also spoken to the attorney representing the
complaining private citizen. We are comfortable that a lawsuit
is not imminent in this case. We would propose the following
course of action in regard to this complaint; (1) once-the
special permit is located, we would ask (2) that your
office inspect the premises to determine whether the terms and
conditions of the special are being met. If there is compliance,
Deutsch Williams Brooks
DeRensis Holland & Drachman, PC
Page Two
we should (3) draft a letter noting our findings and direct it to
the complaining citizen and his attorney. We believe that if the
conditions of the special permit are being met, this course of
action should satisfy the parties to the complaint. If the
conditions are not being met, we shall have to consider what, if
any, steps the Town would like to take.
Very truly yours,
n " "" /j, p(;l'v.::te/
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~6~~han D. White
~~ Paul R. DeRensis
cc: Paul Bergendahl
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DEUTSCH WILLIAMS BROOKS
DERENSIS HOLLAND & DRACHMAN. P,C.
A TTORNEYS AT LAW
!~":.'--~
MORRIS L DEUTSCH
BURTON L WILLIAMS
STEVEN J, BROOKS
PAUL R. DERENSIS
ROBERT E, HOLLAND
ALLAN W, DRACHMAN
ROLAND GRAY, III
WILFRED J, BENOIT, JR.
RICHARD 0, BICKELMAN
VALERIE SWETT
JOHN FOSKETT
OF COUNSEL
JACK GREEN, P,C.
BARRY L. MINTZER. P.C.
PATTI S, SPENCER
REPLY TO
ARTHUR J, CARON, JR,
WILLARD J, FRANK
ROBERT A, ADELSON
MARY JO HOLLENDER
RODNEY G, HOFFMAN
ERIC I. ZUCKER
JONATHAN 0, WHITE
PATRICK LEGAN
ELISABETH C. GOODMAN
LAURA R, FORD
BRIAN M, CULLEN
JOHN M, CAREY
ONE LIBERTY SQUARE
BOSTON, MASSACHUSETTS 02109
(617) 482.6300
TELEX 650-2585387
TELECOPIER 617.350-5043
Liberty Square
July 27, 1987
a: Ibutler.jdw
WALTHAM, MA OFFICE
BAY COLONY CORPORATE CENTER
950 WINTER STREET
WALTHAM, MA 02154
(617) 890,7100
Stephen J. Butler
Deputy Building Inspector
Town Building Annex
2 East Chestnut Street
Nantucket, MA 02554
RE: Albert F. Egan v. Board of Appeals
Civil Action No. 2072
Dear Steve:
Please find enclosed a copy of the Agreement that was
to be filed in the Egan case. Foley is currently reviewing
the documents. I would ask that you review as well and
confirm that it is an agreement of which you were advised.
Please do not take any steps against the building
until all parties have reviewed the documents.
JDW/gl
Enclosures
Very truly yours,
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L)lonathan D. White
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111104
Grant of Temporary Easement
Marine Lumber Company Inc" ("Grantor"), a Massachusetts business corporation, owner of 58 Old South Road,
Nantucket, MA 02554, as shown as Lot 2 on Land Court Plan 16514-C ("Property") grants to the COUNTY OF
NANTUCKET ("Grantee") a 34O:t s.f., temporary, easement ("TE-S") in and over land of the Property, as shown on the
attached portion of the plan entitled "Old South Road Bike Path Right-ot-Way Plan," dated December 31, 1999, wtth
revisions through September 2004, by GEOD Consulting prepared for Copley/Wolff Associates. This easement is
granted for the temporary use by the Grantee, its agents, invitees or designees for movement and/or storage of
equipment or materials during periods of construction, development, and maintenance of a public bike path to be known
as the Old South Road Bike Path ("Bike Path") within the area identified as TE-8 on the Property. Said easement is
subject to the following conditions:
1, The Bike Path shall not be intended for the use of motorized vehicles;
2, The Grantee shall construct and maintain the said Bike Path in a reasonable and prudent manner, however,
nothing in this section shall alter the Grantee's statutory limitations of liability;
3, Whereas the Grantor shall be absolved from liability claims arising from accidents or injuries occurring to users of
the Bike Path, in accordance with the provisions of Massachusetts General Law Chapter 21, Section 17C;
4, The design of the bike path shall be modified as shown on the attached plan;
5, The Grantee expressly understands, recognizes and acknowledges that this voluntary easement will not create
any violation of the Zoning Bylaw of the Town of Nantucket on the Property as it applies to improvements made
within TE-8, including: driveway access and parking and the Grantee will affirm and assert this understanding and
acknowledgement to any agent of the Town of Nantucket;
6, The Town of Nantucket Zoning Enforcement Officer has informed Grantee that any zoning related non-conformity
that is affected by the construction of the Bike Path within TE-8 as it affects the Property is "deemed legally
nonconforming" pursuant to the interpretation of ~139-33L of the Town of Nantucket Zoning Bylaw.
7. The construction of the bituminous concrete driveway aprons shall take no longer than 48 hours, No overnight
parking of construction vehicles or bulk storage of materials shall be allowed within the limits of the temporary
easement
For Grantor's title see Certificate Number 20089, on file with the Nantucket County District of the Land Court.
EXECUTED as a sealed instrument, this 7th day of March 2005,
COMMONWEALTH OF MASSACHUSETTS
Nantucket, 55,
On this 7th day of March, 2005, before me, the undersigned notary public, personally appeared Denis H, Gazaille and
proved to me through satisfactory evidence of identification, which was ~ photographic identification with signature
issued by a federal or state governmental agency, 0 oath or affirmation of a credible witness, 0 personal knowledge
of the undersigned, to be the person whose name is signed on the preceding document, and acknowle~gad)o'me th~t
he signed ho~nlariJy for iIs stated purpose. '.j} ~/; ~~~...:~ '::.. < ,
No~ 0' /,).~ !..t},/v,J ,:o'! ,,\O~~.:'r : "\
My commission expire : I 1(; I!!. (.IV)' ~,'-"', i~.J & ~' " ~ (", ;"" .
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',~, "; Notary Public
. My CommiSsion Expirll
Janual)' 21.2006
OU0097
111104
TOWN AND COUNTY OF NANTUCKET
Telephone (508) 228-7255
Fax (5081228-7272
ACCEPTANCE OF GRANTS OF EASEMENT
FOR BICYCLE PATH PURPOSES: OLD SOUTH ROAD
The County of Nantucket, acting by and through the undersigned, being a majority of the duly elected and selVing members of the
Nantucket County Commission, hereby accepts, pursuant to Section 2.5 of the Charter of the County of Nantucket, the following:
· One temporary easement from Marine Lumber Company Inc., Denis Gazaille, President and Treasurer, for bicycle path purposes
at 58 Old South Road
Attached hereto, to effectuate the construction, use, and maintenance of a bicycle path to be known as Old South Road Bike Path,
, q-f-.
Dated thiS -L day of March 2005,
COUNTY OF NANTUCKET
By its Commissioners
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~ruce L. atts
:t'" COMMONWEALTH OF MASSACHUSETTS
On this l day of March 2005, before me, the undersigned notary public. personally appeared Bruce L. Watts, Timothy M, Saverino,
Robert F, Murphy, Douglas L. Bennett, and Michael A. Glowacki, as they constitute a majority of the Nantucket County Commission,
proved to me through satisfactory evidence, which was personal knowledge of identity. to be the persons whose names are signed on the
preceding document, and acknowledge to me that each signed it voluntarily . s stated pu . on beha of the County of Nantucket.
A True Copy Attest
COLLEEN DONNELLY
NOTARY PUBLIC
My commissiOn er.pires July 15. 2005
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MAP 68 LOT 83 'K g
56 OLD SOUTH ROAD ~.....
DANIEL LEMA/TRE TRUSTEE ~
CER71FICA TE: 119662 (I)
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75.00'
MAP 68 LOT 84
58 OLD SOUTH ROAD
MARINE LUMBER CO. INC.
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MAP 68 LOT 8&
60 OLD SOUTH R
WARREN G. VALERO
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MAP 68 LOT 156
57 OLD SOUTH ROAD
WAL 1F:R J. &t ANNE GLOWACKI
Jidie.0YP7;~(aId
ATTORNEY AT LAW
4 BARTLETT ROAD
P ,0. BOX 2567
NANTUCKET, MASSACHUSETTS 02584
FAX (508) 228-7526
fitzgrld@nantucket.net
IN HAND
March 7, 2008
John Brescher, Administrator
Nantucket Board of Appeals
2 Fairgrounds Road
Nantucket, MA 02554
RE: Application of Marine Lumber Company, Inc.
Property: 58 Old South Road, Nantucket
Map 68, Parcel 84
Dear John:
Enclosed for filing, please find the following:
TELEPHONE (508) 228-7525
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1. Twelve (12) additional copies of the Application with Addendum, Addendum II,
Abutter's List, As-Built Plot Plan, floor plans, mailing labels and Assessor's Map.
2. Four (4) copies of Assessor's Map to be attached to the four (4) sets of documents
previously filed.
Enclosures
cc: Catherine F. Stover, Town Clerk
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Page 1 of 1
Linda Bradbourne
From: John Brescher
Sent: Monday, March 10, 2008 11:58 AM
To: Linda Bradbourne
Subject: RE: ZBA Application
Did she really give you an application??? Do any other attorneys file ZBA applications with the Town Clerk's
office? I know the bylaw requires them to, but I didn't think anyone did!!
Anyway, the application is ZBA Number 009-08,
-John
John B, Brescher
Interim ZBA Administrator
Nantucket Planning Office
2 Fairgrounds Road
Nantucket, MA 02554
508-228-7215 (telephone)
508-228-7298 (facsimile)
j!:>resch~L@I1C1o.tl!GkE;lH!1.a~9Q\I
From: Linda Bradbourne
Sent: Monday, March 10, 2008 8:55 AM
To: John Brescher
Subject: ZBA Application
Good morning John
I received a ZBA application for Marine Lumber Company, Inc on Friday, from Julie Fitzgerald. Can you tell
me what number you will be assigning this?
Cheers, L
Linda Bradbourne MacDonald
Assistant Town Clerk
Office of the Town Clerk
16 Broad Street
Nantucket, MA 02554
Ph: 508 228 7217
Fx: 508 325 5313
3/1 0/2008
Page 1 of 1
Linda Bradbourne
To: John Brescher
Subject: ZBA Application
Good morning John
I received a ZBA application for Marine Lumber Company, Inc on Friday, from Julie Fitzgerald. Can you tell
me what number you will be assigning this?
Cheers, L
Linda Bradbourne MacDonald
Assistant Town Clerk
Office of the Town Clerk
16 Broad Street
Nantucket, MA 02554
Ph: 508 228 7217
Fx: 508 325 5313
3/1 0/2008