HomeMy WebLinkAbout030-78
030 -79 ~5
BOARD OF APPEALS
Nantucket, Massachusetts
DECISION:
At a regular meeting of the Board of Appeals neld
December 19, 1978, in the Town Building, in the matter
of MARY HOvlARD (030-78), after due deliheration, the
Board found:
1. The petitioner presently owns a three-
apartment building at 4 Lyon Street in a district zoned
Residential-Old Historic, and seeks a Special Permit to
expand the non-conforming use by adding one basement
apartment.
2. The addition of one mo~e apartment in this
neighborhood would not be substantially more detrimental
than the existing non-conforming use to the neighborhood.
3. The Special Permit is granted~unanirnous vote.
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MICHAEL DRISCOLL
Attorney at Law
Nantucket, Massachusetts 02554
Post Office Box 898 (617) 228,0016
DATE January 8, 1979
TO: I
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Madelyne E. Perry Town Clerk
Town and County Building
NANTUCKET, MA 02554
SUBJECT /It/he/hi}1 (j /~{'~ )/,j
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MESSAGE
Dear Mrs. Perry:
Enclosed please find copy of Complaint filed in Nantucket Superior
Court this date, bearing Docket If /71~
This is delivered to you persuant to MGL Chapter 40-A,Sect. 17.
May I have a copy showing the filing dat~kZ' . .
Enclosure SIGNED . A L' ~E'C-~~(/t/"
REPLY
DATE
SIGNED
COi-l>lClNh'CALTH OF l'li\SS1\CHUSETTS
NANTUCKET,sf;
SUP E RIO R f: 0 II !>l
CIVIL No)l!/
CHARLES E.
WELTON, PlaintifF
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CGrlPLAINT
vs
MARY M. HOWARD (Petitioner)
and
NANTUCKET BOARD OF M'PEALS
Robert F. Mooney,Chair~an
Eileen I Cahoon, Member
Judith K. Bartsch,Member
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1.) Plaintiff owns and is a ~esident of 6 Lyon Street,Nantucket,Ma.
2.) Defendant Mary M. Howard is a resident of 325 West Upper Terry
Road, West Trenton,N.J. 08628 and owns property at 4 Lyon Street,
Nantucket,MA. 02554
3.) Defendant Board of Appeals for the Town of Nantucket has
office at Federal & Broad Streets,Nantucket. Its members
residents of Nantucket as follows:
ROBERT F. MOONEY,CHRMN EILEEN I CAHOON
171 Orange Street Main Street
Siasconset
an
are
JUDITH K. BARTSCH
5 Orange Street
,
4~) Mary Howard applied to tile Board of Appeals for a SPECIAL PERMIT
to extend a non-conforming use by adding a fourth appartment in
a district zoned RESIDENTIAL OLD HISTORIC.
5.) The plaintiff, an abutter to the locus in question, never re-
received notice of the hearing date and alleges none was ever
mailed to him as is re~ired by the Nantucket Zoning By-law
as amended through 1978 ,- Section VIII-E-3 and by MGL c40A Sect 11.
6.) The Plaintiff says had he been notified, as required by law, he would have
objected to the granting of a Special Permit on several grounds, including
but not limited to: increased fire hazzard, increased congestion on the
narrow streets in the area and lack of adequate parking.
7.) The Plaintiff says that the Special Permit without a Variance from the
parking requirements as set forth in the Zoning By-law Section VI-C-l-a
cannot be used by Defendant Hcrw"rd.
8.) There appears to be no petition for a variance from the pravlslons of See
VI-C-l-a (parking requirements) and without such a variance a Speclal Per
mit should not issue.
Lchae1 Dri scalI
'. Broad Street
mtucket ,HA
02554
L7/228-0016
9.) The P1ainti ff says the Board of Appeals exceed its authority in grantiilg
the Special Permit, numbered (030-78).
10) WHEREFOR the Plaintif PRAYS that the Board of Appeals decission filed with
the Town Clerk on 12/26/78 be annulled by this Ho rable CO'uY"t.
--
Charles L Welton, by his Attorney Michael Dh
22 Broad Street,Na
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NANTUCKET, MASSACHUSETTS
02554
Pursuant to C40-A Sect 17 of the MGL I send you a copy of complaint
filed in ttle Court in whic~r~~"t~d a part:7-fH3~~NT.
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The complaint is on the reverse side of this notice.
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JAMES K. GLIDDEN. ESQ.
RICHARD J. GLIDDEN. ESQ.
37 CENTRE STREET
NANTUCKET. MASS. 025154
TEL. (617) 22B~077t
CO~IMONWr:ALTH OF ~lASSACHl1SETTS
N,lDtucket, SS.
CIIARLr:S F. WELTON, Plaintiff )
)
)
Vs. )
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tvlARY ~1. HOWARD (Petitioner) )
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and )
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NANTllCKET BOARD Or: APPEALS )
ROBERT F. HOONEY, Chairman )
EILEEN 1. CAHOON, Member )
JUDITII K. BARTSCII, ~lcmher; )
Defendants )
Superior Court
Civil No. 1799
STIPULA'!'ION Or: OJ 91ISSAL
Now come the parties and, pursuant to Rule 41 A, hereby
stipulate that the ahove entitled action be dismissed.
11ARY ~l. HOWARD
by her Attorney:
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Richard J( Iyidden
:'7 Center,street
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Nantucket, Mass.
NANTUCKET BOARD OF APPEALS
~tJeY
Charles A. CZgli
16 William Stre
Wellesley, Hass.
01ARLES F. WELTON
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Michael'riscoll
16 Broad Street
Nantucket, tbss.
FILED
ATTEST JUL 1 31979
GERTRUDE E. WIIElD(~
CLERK
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BOARD OF APPEALS
Nantucket, Massachusetts
A regular meeting of the Board of Appeals was held
November 28, 1978. Present were members Mooney, Bartsch, and
Cahoon.
Mr. Mooney announced the resignation of Wayne F. Holmes,
Esquire, from the Board of Appeals, and called for the election
of a new chairman. On motion of Mrs. Bartsch, Robert F. Mooney,
Esquire, was elected Chairman-of the Board of Appeals.
In the matter of the petition of Peter Kerr (029-78),
Attorney Robert E. Campbell appeared for the petitioner, seeking
a determination that the Kerr property on Washington Street should
be classified Residential-Commercial in its entirety, ,the property
being apparently divided on the zoning map, and stat~the property
should be entitled to the least restrictive zoning classification.
Attorney Michael Driscoll also spoke in favor of the petition,
stating the zoning lines had no regard to reality and should
have followed the back lot lines of the Union Street properties
in dividing the area. It was noted that Washington Street is
substantially commercial in nature.
Mrs. Juliet Taylor questioned if the Town Meeting had
considered the question.
There was no opposition, no correspondence, and no other
speakers.
The Board took the petition under advisement.
In the matter of the petition of Mary Howard (030-78)
requesting a Special Permit to expand a non-conforming use of
property at 4 Lyons Street, Attorney Richard Glidden appeared for
the petitioner and stated the building presently contained three
apartments. The petitioner wishes to expand the use and install
an additional small apartment in the cellar. The petitioner has
owned the property since 1954, has retired to Nantucket, and
occupies one apartment for her personal use. The apartment con-
struction will not change the exterior of the house except for
the addition of one rear door.
Speaking in favor of the petition were Mrs. Howard, Mrs.
Mary Phillips, Mrs. Eunice Haskell, and Ms. Martha Walters. One
letter in favor was received from Mrs. Maxine Shaw.
No speakers were heard in opposition, and one letter of
objection was received from Mr. and Mrs. Edward T. Johnson and
read into the record.
The Board took the petition under advisement.
-2-
In the matter of the petition of Willard Greiner, et ux
(032-78) seeking to sub-divide a lot in Tom Nevers into two lots,
the petitioners were represented by Attorney Richard Glidden. He
stated the present Lot 574 consists of 5.00 acres. The petition-
ers wish to divide this into two lots in order to convey one to
their children. He stated present lots in the Tom Nevers area
are 65-75,000 square feet in area and the petitioners have a
hardship in that they cannot convey property as desired to for
children because of the intensity regulations.
Christopher Holland appeared and state he would be in favor
of the petition provided there were no further sub-division of
the land and that no more than one house would be built on each
lot. Mr. Glidden was agreeable to this restriction.
The Building Inspector, Norman Chaleki, stated he had some
question as to the allowance of a second building on one house
lot since under the by-law this must be only an accessory to a
home and not a second major house.
The Board received one letter in support of the petition
from Col. and Mrs. Golding, and one letter in opposition from
Dr. and Mrs. Theodore Tirk.
The Board took the matter under advisement.
There being no further business to corne before the Board,
on motion duly made and seconded, the Board adjourned.
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