HomeMy WebLinkAbout034-08 APPEAL Longfin Partners, LLCPrlnt Form
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TOWN OF N.A•NTUC~ET
BOARD OF APPEALS
N.A.NT•CJCKET, MA 02554
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l~ilc l~o• 039 - p4 ittap 53 _ 1'arcol 75
'I'bis agct:cntcnt ro cxtcntl I'hc time limit for C1x:13oacd of ~lppcals ro ntal:c a decision, hold a public: hau•inl;, or
en rake tither action costc:ernint; the application of;
T~angf.in,. LLC: >-)/B/A Holdc{~l:e paxl:ners T~_ --.--____._._....
J'ursuant to the provisicnts of the ;\c.rs of 1987, (:haptcr ~J98, :uncndin}; the State %onin}; :1e;t., C:haltrea •1(?A of
the \istssachuscus <;c:nc.r:al l.;,tws, :\pplicant(s)/1'ctirioncn•(s) and the '::.onin~ 13oard of Appeals Itcrcb}' ai;cce ro
axtond nc~ lime limit
i~, hot a publie hc;trin}; on tht: application
O loot: a wrirrt:n decision
O hoc t,t:hcr acfioq______._.__.._._._ _
tiuch applic;uion is:
\n ;ytpcal from ilte decision of any adminisrrsuive off vial
O ;\ petition foe a special hermit
O .1 peritiun foe a variance
U :\tt Catcnsibn
O A modifcsttion
'1"hc new time limit shall be ntidni};ht on puqusL 23 ~_ 2009 __.__._y._--- , which is not caelicr than
a rime li tie st:r by statute or bylaw.
The app icant (s), ar.torncy, or al;enr for chc Applicant rcpresentcil to he duly authcu•izt:d to act in this matter:
for nc~ :q tlicant., in cxecutinl; this ageecment: waives any ci}lhh uotlcc the t tantucker %oninl; 13ylaty and the:
Statu %os al;•:\ct, st~t~t ncnticd, ro the cxtc:nt, buk only to tlu exlc:nl, inconsistrnt with this ;t};rccntcnt.
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Iffccrivc~l~ate of Al;r:cc;mcnt
2lxairgrouttds ),toad Nautuclcct Massacltusctts 02554
508»228-72'15 telephone 508.228-7298 facsimile
Print Form
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TOWN OF NAN'T'UCKET ~ 1
$OARD OF APPEALS ~'
NANTUCKET, MA Q2554
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Fi1cNo• 034 - OS A•fap 53 Parce125
•11tis agreement to cxtcnd the tune limit for the Board oFAppeals to make a decision, hotel a public hearing, or
co take other action concexuing ehc application of:
Lonafin. LLC D/B/A Holdaate Partners
Pursuant to the provisions of the Acs, of 1987, Cbaptw: 498, antenttin}; the St~rtec Zcntin~; f1ct, Chapter AOA of
dte hlassadtusctts Cicneral 7.aws, Applicant(s)/Petitioner(s) and the Louing Board of Appeals !tetchy agree to
cxtcnd the time limit
R( For a public hearing on the application
O hot a wititten decision
O l~or other acri<m
Such application is:
A~ An appeal from the decision of any administrative oftcial
O A petition for a special permit
O A petition for a •t~ariance
O An extension
O A modification
The ucw time limit shall be nudnil;ht on January 23 . 2009 which is nor. earlier than
a time limit set by statute or bylaw.
`fhc Apl 'cant (s), attorney, ar agent for the Applicant represented eo be duly authorized to act in this matter
for nc~ a p&cany in • tiring this agreement waives any rights under the Nantucket Zoning Bylaw and the
State Zc i g Act, . t •ndcd, to the extent, but only m the extent' i~njconsistent with this agreement.
Pot Applicant s)
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l~or'l.,oning Boar ppeals
'l'rnvn Clerk Stamp:
Iffcctivc bate of Agrectncnt
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 tclepltone 508-228-7298 facsimile
Print Form
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TOWN OF NANTUCKET W
BOARD OF APPEALS- --~
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NANTUCKET, MA 02554
File No. n ~ 4 - n R
Map 53 Parcel 25
This agreement to extend the time limit for the Board of Appeals to make a decision, hold a public hearing, or
to take other action concerning the application of:
Lonafin LLC, D/B/A Holdaate Partners
Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40x1 of
the 1\-lassachusetts General Laws, Applicant(s)/Petitioner(s) and the Zoning Board of Appeals hereby agree to
extend the time limit
Fox a public hearing on the application
O Fox a written decision
O For other action
Such application is:
An appeal from the decision of any administrative official
O A petition for a special permit
O A petition fox a variance
O An extension
O A modification
The new time limit shall be midnight on November 14 , 2 008 ,which is not earlier than
a time limit set by statute or bylaw.
The Applicant (s), attorney, or agent for the Applicant represented to be duly authorized to act in this matter
fox the applicant, in executing this agreement waives any rights under the Nantucket Zoning Bylaw and the
State Zoning Act, as a~er~dedno tl~ctent, but only to the extent, inconsistence with this agreement.
For Applicant (s) iJ
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For Zoning Board of Appeals
Town Clerk Stamp:
Effective Date of Agreement
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
09/09/z008 TUs La: 15 FAx 15082283079 vaughan 6 ndle
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TOWN OF NANTUCKET -;~M
BOARD OF APPEAIrS
NANTUCKET, MA 02554
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' This agreement t0 extend the time limit for the Board of Appeals to make a decision, hold a public hearing, or
t0 take Otl7CF acpOn COnCCrrung the application of
~ ~
Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of
the Massachusetts General Laws, Applicant(s)/Petitioner(s) and the Zoning Board of Appeals hereby agree to
extend the time limit
For a public hearing on the application
O For a written decision
Q FOr Other aCtinn_
Such application is:
An appeal from the decision of any administrn[ive official
o A petition for a special permit
o A petition for a variance
O An extension
o A modification
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The new rime limit shall be midnight on ~ C~~u~v ~ ~ ~ ~ U~0 ,which is not earlier Than
a rime limit set by statute or bylaw.
The A licant (s), a r cy, or agent for the Applicant represented to be duly authorized ro act u~ this mar[tx
for the plicant, ' cxc ring this agreement waives any tights under the Nantucket Zoning Bylaw and the
State Zo - g.A nded, tot a extent, but only to the extent, incon intent with this afire enr.
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For App6~ r (s)
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Town Clerk Stamp;
Effective Dare of Agreement
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
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VAUGIiAN, DALE, HUNTER, STETINA AND BEAUDET•rE
PROFESSIONAL CORPORATION
Ax~or~rrE•~s Ax Lnw
`'~~IIAI,LI?'S LANE
EA`PAItD FOLEY VAL'GIIAN P.O. IiOX G59
KEVIN T. DAZE NAATTUCKET, MASSncxusETTS ozss~
jyILLIAri F. HUNTER
MARTIN cTEI~'FREY STETINA
731CIIARD P.I3EAiiDETTE
Catherine Flanagan Stover
Nantucket Town Clerk
16 Broad Street, I$' Floor
Nantucket, Massachusetts 02554
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Re: Notice of Appeal/Deczsion of the Zoning Enforcement Officer;
LONGFIN, LLC d/b/a/ HOLDGATE PARTNERS;
Barnard Valley Road, Map S3, Parcel 2S;
Lot 8, Plan File 32-R;
Nantucket, Massachusetts 02554
Dear Catherine:
Pursuant to Nantucket Code sec. I39-29, et sec, Zoning Board of Appeals, this
letter shall constitute a Notice of Appeal of the decision of the Zoning Enforcement
Officer wherein he opines that the use of a "garage" for machine and vehicle repair and
maintenance is contrary to the use represented in 'Coning Board of Appeals Decision No.
075-03. {Please see the enclosed Notice of Zoning Code Violation/Order to Cease, Desist
and Abate to Longfin, LLC d/b/a/ Holdgate Partners from Marcus Silverstein, Zoning
Enforcement Offce, dated March 3I, 2008). Holdgate Partners seeks a reversal of the
Z.E.O.'s opinion and an affirmation of Holdgate Partners use of its garage{s) for machine
and vehicle repair and maintenance as allowed uses ancillary to the operation of the pre-
existing, non-conforming commercial borrow pit and construction business.
The grounds for the appeal follow:
1. In Zoning Board of Appeals Decision No. 075-03, the Board found that
commercial uses on the Premises (the Holdgate Pit, f/k/a Holdgate and Colletti's Pit) that
pre-existed the enactment of the Nantucket Zoning By-Law, consist of a, `...commercial
Page 2
Apri12S, 2008
Catherine Flanagan Stover
Nantucket Town Clerk
Re: Notice of Appeal/Decision of the Zoning Enforcement Offtcer
borrow pit from a time prior to 1930 until present, and also used for commercial
contracting and construction purposes during that time...as a site far an asphalt plant, a
site for anon-bituminous concrete mixing plant and as a site to garage various heavy
equipment and vehicles associated with those non-conforming uses".
Decision No. 075-03 then allows for the demolition of the existing garage on the
Premises and the construction of two new garage structures.
2. The Nantucket Zoning By-Law defines "Garage", in part as, "....(a)
building for covered shelter for one or more motor vehicles... for commercial .. ,servicing
of motor vehicles." Further, in Rando v. Board of Appeals of Bedford, 348 Mass. 296,
203 N.E.2d 37S {1965) the Court, citing dictionary definitions, held that the term
"garage" included facilities for the storage of automobiles or for their service or repair ,
or both.
3. The garages on the premises ancillary to the operation of the pre-existing,
non-conforming commercial borrow pit and construction business have been used since a
time pre-existing the enactment of the Nantucket Zoning By-Law for machine and
vehicle repair and maintenance.
Thank you for you attention to this matter. Please feel free to call me with any
questions or concerns that you may have.
WFH/
Enclosure
Mar 31 2008 12:25PM Nantucket Building Aept. 508--325-7579 p.2
BUILDING AND CODE ENFORCEMENT DEPT.
TOV4'N BITILDING ANNEX
97 `'VASHINGTON STREET
NANTUCK.,>;'r, MASSACHUSETTS 025b4
Telephone 508-22A-?225
of Zoning Code ~~ ~~-?z4s Order to Cease, Desist,
Violation aad Abate
Mr./Mrs/Ms. Si11 Cassidy, and all persons having notice of this order:
As owner/occupant of the premises/structures located at Barnard Valley Rd. (Map# 53,
Paxcel# 257, you are hereby notif ed that yvu are in violation ofthe Nantucket Zoning Code
§139-17C(2), -26A, -28A(1} and -33A(1) apd ZBA #075-03, §4, and arc ORDERED this
date, 03!31/08, to:
1. IIVIMEDIATELY CEASE AND DESIST all functions connected with this violation
on, or at, the above mentioned premises.
Summary of §139»17C(2): antenna in excess of 30-feet without special permit;
Violation §139 26A: construction {anterufa) without building permit;
§ 139-28A(1); use of structure (garage; antenna) without Certificate
of Occupancy;
§ 139-33A(1); alteration ofpre-existing, nonconforming structure
(antenna in setback) without special permit;
ZBA It075-03, §4: use of garage contrary to use represented to ZBA
(use is, partially, as machine/vehicle repair/maintenance rather than
the proposed storage/warehousing}
2, COMMENCE, within five (57 days, action to abate this violation permanently.
Snraraary of AcHo~ Apply for and receive all required permitting,
to Abate
Zoning violations may result In,ji'nes of up to 5300 per day, as allowed In X139-25 of the
Zoning Codes .
ifyou 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 ofthis order.
•
Town of Nantucket
Officer
Ce: Bill Hunter
Melissa Phiibrick
Vr1U~GI~IAN, I}ALE, I~L7NTEI~, S'I'ETINA .AN.l~ BEA
PRQE"ESSIONAI CURWC7RA71DN
A CT().E+7~i1':YS A:t' LAW
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RICAAi3D ~'. ~ISAUll1:1'T"k?
April 30, 2008
John Brescher, NantucketT..,oning Board of Appeals
Nantucket Zoning Board of Appeals
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Marcus Silverstein, Nantucket Zoning Enforcement Officer
Nantucket Building Department
Town Building Anner•
37 Washington Street
Nantucket, Massachusetts 02554
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Re: Notice> of ApPecrllDecision of thc~ Z.nning Ln• forcenterrt (>ffirer;
LONGFIN, L,LC dlblal NO[.,DGATE PARTNERS;
Barnard Palley Rncrd, MaP 53, Parcel 25;
Lot 8, Plan F"ile. 32-I3;
.Nantucket, Massachusetts 02SS4
Dear Messrs. Brescher and Silverstein:
Enclosed herewith please find a "Town Clerk's copy of a duly filed Notice of Appeal in
the matter of an alleged impermissible use of a "garage" for machine and vehicle repair and
maintenance as being contrary to the uses represented in Zoning Board of Appeals Decision No.
075-03.
Also enclosed please find multiple copies of the completed Application packet, two sets
of mailing labels and the ~fiGng fee required by the Town of Nantucket in the amount of $300.OU.
Please Hate that this matter is a companion request of the request for a Special
Perinit/Variance for a communications tower that 1 tiled with you with respect to the same
Premises.
Please mark this matter for hearing by the Nantucket Zoning Board of Appeals at its
June;, 2008 meeting. Thank you for your help inythese matters. Please feel free to call me should
you have questions.
illiam ~.1-iunter
VVFI-I/
enclosures
NANTUCKET ZONING BOARD OF APPEALS
2 FAIRGROUNllS ROAD
NANTUCKET, MA 1)2554 ~''
FEE: 5300.00 CASE NO. ~~ ~~ ~~
APPLICATION FOR RELIEF
Owner's name(s): Lon~On, LLC d/bla Holdgate Partners
Mailing address: C/o Vaughan, Dale and lluzttcr, P.C,., POB_f59 Nantucket 02554
Applicant's name: Longt=ln, LL C dIb/a Hold,~ate Partners
Mailing address: Go Vaughan, Dale and Hunter, P.C., PC?B 659, Nantucket 02554
Locus address: Barnard Valle,~ad Assessor's Map/Parcel: 53/25
Land Court Plan/flan Book & Page/Plan File No.:32-E3 Lot No.:8
Date lot acquired: 06/22/06 Deed Ref./Cert. of Title: Book.1,0291Page ~3 Zoning District:LIJG-3
Uses on Lot: Commercial: Yes (describe): Storage of tricks and heavy equipment incidental to Applicant's
construction and. borrow pit business• various masorn sta in, areas
.Residential: Number of dwellings 0 Duplex
Building Date(s): All pre-date 7/72'?_ or
Building Permit Nos:
Previous Zoning Board Application Nos.: 09$-f3.5_ 075-~3,,,_~~,0-05
C of O{s)?
State below or on a separate addendum specific relief sought {Speciai Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
Sl?,l? A'I"1'AC'1-lED ADDENDUiV1
I certify that the informa ~ on cont 'red herein is substantially complete and true to the best of my
knowledge, under the pai s and l ~ ialties of perjury.
SIGNATLII2F,: Applicant Attorney/A t
(It' not owner or owner's attor ey, lease enclose roof of agency to bring this matter before the Board)
FOR ZBA OFFIC~I; USE
Application received on:~1 13y: Complete: Need copies?:
Filed with 'T'own Clerk: / J Planning Board: / ! .Building Dept.:____I____/~ I3y:
Fee deposited with Town Treasurer:/ ! By: Waiver requested?: Granted:-/ /
LIearing notice posted with Town Clerk:____/ / Mailed:___-/~l~ I&M:_I / & _/ /
Hearings} held on:„/ I Opened on:,l~/ Continued to:~/~l____Withdrawn?:_/~/
Apartments Rental Rooms.
DECISION DIJE BY: / J Made: / / Filed w/Town Clerk: / / Mailed: I /
DECISION APPEALED?: / / SUPERIOR COIJR'.I': HAND COURT Form 4/03/03
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TOViJN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554 ~'
C?ile No. p3~g " - pg- :.: Map -53" _ . Parcel25
This agreement to extend the time linut for.the Board of Appeals to make x decision, hold a public hearing, or
ro take other action concerning the application of:
•Lbria>?in'I;_' ~,LC .~D%B/A Iioldaat:e.. Paraners ~ --
Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the Stitte Gotung Act, Chapter 40A of
the. Massachusetts General l.~nvs, Applicant(s)/Petitioner{s} and the Zoning Board of tlppeals hereby agree to
extend the time limit
~( For a public hearing on the application
O Fox a written decision
d For other actio:L ,
Such application is:
An appeal from the decision of any administrntive official
O A petition for a special permit
O A petition for a variance ,
o An extension ~
O A modification
The new time Whit shall be midnight on AvY'i l 2 3 , - 2A Q 9 %`, which is not earlier than
a time ' 't set by statute or bylaw.
The Ap 'cant (s), a ney, or agent for the Applicant represented to be duly authorized to act in dus matter
for the- plica,it, ' i e ecuting this agreement waives any rights under the Nantucket Zoning Bylaw and the
State " g A mended, to the extent, but only to the extent, inconsistent with this agreement.
For tlppli nt (s) ~1~~ F~ l~
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l+or Go ig 15oard of t1p eats
Town Clerk Stamp: !
Effective Date of Agreement
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2 Fairgrounds Road Nantucket Massacl-usetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Printform
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TOWN OF NANTUCKET
BOARD OF APPEALS v
NANTUCKET, MA 02554
File No. 034 - 0~_ Atap 53 Parcel 25
'Thin agreement to extend the tune li,iut for the hoard of Appeals to make a decision, hold ;t public hearing, or
to take other action concerning the application of
Longfin, LLC d/b/a Holdaate Partners
Pursuant to the provisions of the Acts of (987, Chapter 498, amending the State 7_oning Act, Chapter 40A of
the ivlassachusetts General Laws, Applicant(s)/Petitioner(s) and the Zoning Board vE Appeals hereby agree to
extend the time linZit
O For a public hearing on the application
Z5t For a written decision
O For other action-_- _.
Such application is:
tS~ t\n appeal from tht decision of any adntinistrative official
O A petition for ,t special permit
O A petition for a variance
O An cxtrnsion
O A modification
The new time limit shall be midnight on November 23 , 2009 ,which is not earlier than
a tim linut set by stattttc. or bylaw.
The A plic:utt (s), orney, or agent for the Applicant represented to be duly authorized to act in this matter
for the applican ~, xecuting this agreement waives any rights under the Nantucket Coning Bylaw and the
State Z in ~ ce, • amended, to the extent, but only to the extent, inconsistent with this agreement.
+or r p cant (s
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Lffccdve Datc of i\greemeut
Town Clerk Stantp:
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
•
TOWN OF NANTUCKET
BOARD OF APPEALS -
NANTUCKET, MASSACHUSETTS 02554 ~-
Date: November 17, 2009
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 033-08, 034-08, 035-08 and 086-08
Owner/Applicant:
Tetawkimmo Commons Association Trust and
Longfin, LLC
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.
~~~~ c^
~ ~~~
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.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 53, Parce125
Book 1029, Page 63
Limited Use General - 3
DECISION:
Lot 8, Plan File No. 32-B
Barnard Valley Road
1. At the public hearings of the Nantucket Zoning Board of Appeals held on Thursday,
June 12, 2008; Friday, July 11, 2008; Friday, August 8, 2008; Friday, September 12, 2008;
Friday, October 12, 2008; Wednesday, October 29, 2008; Thursday, February 12, 2009; and,
Thursday, April 9, 2009, in the garage area at 2 Fairgrounds Road and in the Conference Room
at 2 Fairgrounds Road, Nantucket, Massachusetts 02554, the Board made the following decision
on the appeal of TETAWKIMMO COMMONS ASSOCIATION TRUST (FILE NO. 033-
08) c/o Philbrick and Avery LLP, PO Box 148, Nantucket, MA 02554 AND LONGFIN, LLC
(FILE NO. 034-08) and the application of LONGFIN, LLC (FILE NO. 035-08 AND 086-08)
c/o Vaughan, Dale, Hunter, Stetina, and Beaudette, P.C., PO Box 659, Nantucket, MA 02554,
Board of Appeals File Nos. 033-08, 034-08, 035-08, and 086-08:
2. In File No. 033-08, Applicants are appealing, in part, the Zoning Enforcement
Officer's Decision of Holdgate Partners, LLC. Applicants contend that the current level of
commercial activity on the site is a substantial enough increase in the use of property to be
considered an expansion of the pre-existing nonconforming use. The site is located at Barnard
Valley Road, is shown on Nantucket Tax Assessor's Map 53 as Parce125, is shown on Plan File
No. 32-B as Lot 8, and is registered at the Nantucket County Registry of Deeds in Book 1029,
Page 63.
In File No. 034-08, Applicants are appealing the Zoning Enforcement Officer's Decision of
Holdgate Partners, LLC. Applicants contend that the use of its garage(s) for machine and
vehicle repair and maintenance are allowed uses ancillary to the operation of the pre-existing,
nonconforming commercial borrow pit and construction business. The site is located at Barnard
Valley Road, is shown on Nantucket Tax Assessor's Map 53 as Parcel 25, is shown on Plan File
No. 32-B as Lot 8, and is registered at the Nantucket County Registry of Deeds in Book 1029,
Page 63.
In File No. 035-08, Applicants are seeking a clarification of Special Permit granted in Decision
No. 080-OS to affirm Holdgate Partner's use of its garage(s) for machine vehicle repair and
maintenance as allowed uses ancillary to the operation of the pre-existing, nonconforming
commercial borrow pit and construction business. Applicants are also seeking Special Permit
relief pursuant to Nantucket Zoning Bylaw Section 139-17C(2) (height limitations) to allow a
communications antenna to exceed thirty (30) feet in height and Special Permit relief pursuant to
Nantucket Zoning Bylaw Section 139-33A (4)(a) and (b) (pre-existing nonconforming
structures) to allow the alteration of said antenna within the required twenty (20) foot side yard
setback. Or, to the extent necessary, Variance relief pursuant to Nantucket Zoning Bylaw
Section 139-32 (variances) to allow said antenna to remain sited within the setback. The site is
located at Barnard Valley Road, is shown on Nantucket Tax Assessor's Map 53 as Parcel 25, is
shown on Plan File No. 32-B as Lot 8, and is registered at the Nantucket County Registry of
Deeds in Book 1029, Page 63.
In File No. 086-08, Applicant requests a Modification of Special Permit Nos. 075-03 and 080-OS
to substitute a new Exhibit "A" for the exhibit of record, or in the alternative a Special Permit
pursuant to Nantucket Zoning Bylaw Section 139-33A (Pre-existing, nonconforming structures,
uses, and lots) to allow the construction of a new structure to house the previously permitted
"Concrete Plant", the relocation and reduction in size of one of the previously approved "Work
Shop/Garages", the construction and occupancy of a new two story wood frame office building
on the Premises, and an addition to the existing "Office". Also, the Applicant requests a Special
Permit pursuant to Nantucket Zoning Bylaw Section 139-17C(2) (height limitations) to allow a
communications antenna to exceed 30 feet in height. The site is located at Barnard Valley Road,
is shown on Nantucket Tax Assessor's Map 53 as Parcel 25, is shown on Plan File No. 32-B as
Lot 8, and is recorded at the Nantucket County Registry of Deeds in Book 1029, Page 63. The
site is zoned Limited Use General - 3.
3. Our decision is based upon the application and accompanying materials, and
representations, and testimony at our public hearing. The Planning Board made no
recommendation on the basis that no matters of planning concern were presented. Abutter
comment was received -primarily from the residents and homeowners of the Tetawkimmo
Commons Homeowners Association Trust. Most of this comment stemmed from the noise, dust,
odor, and amount of activity emanating from Holdgate Partners pit.
4. The Appellants/Applicants, through Counsel, presented oral and written testimony
and evidence asserting that the locus had been in continued long-term commercial use for
various purposes. Several Abutters contended that the Appellant's use has expanded beyond
what was originally allowed in the 2006 Special Permit granted by this Board of Appeals. The
Appellant, Holdgate Partners, explained the activities and the operations that occur on a daily
basis.
5. Based on the foregoing, the Board finds that as these appeals/applications are
symbiotic, they must be seen together and not in a vacuum. Application 086-08 was filed after
the original appeals were filed because none of the original appeals/application (033-08, 034-08,
035-08) asked for any Special Permit relief and were unable to have conditions attached to the
decision(s). Therefore, by addressing the Special Permit request in 086-08, the appeals and other
application before the Board would be constructively addressed by the conditions imposed by the
Special Permit.
6. Accordingly, the Board of Appeals, made the following votes:
On the matter of ZBA File No. 086-08, by a vote of FOUR (4) in favor and ONE
(1) opposed (Waine)', the Board of Appeals GRANTS the requested SPECIAL
PERMIT relief upon the following conditions:
1. The hours of the operation of the pit shall be 7:00 am to 7:00 pm, Monday through Friday
with no heavy machinery operation after 5:00 pm, 7:00 am to 1:00 pm on Saturday, and
~ Board member Waine opposed the vote as he believed Condition #5, below regarding the erosion plan, could
not be supported by the evidence submitted at the public hearing, and therefore, is arbitrary and capricious. In
fact, Board member Waine believed the evidence regarding the erosion showed that Holdgate Partners was not
the cause. Given the nature of the erosion, Board member Waine felt that the Board should have adopted a
condition that more paralleled the agreement between Holdgate Partners and the Nantucket Land Bank, the
owner of the property effected by the erosion. Board Member Waine considered Condition #5 is unnecessarily
restrictive to Holdgate Partners.
no activity on Sundays. In the case of exigent circumstances, e.g., snow emergencies,
water main breaks, safeguarding structures, etc., this restriction will be waived;
2. The existing garages on site and any newly permitted garages can be used for the storage
and repair of Holdgate Partners machinery only as long as the garages and practices are
compliant with all DEP and all local and state laws and regulations;
3. The communications tower shall be moved out of the setback and shall conform to all
zoning requirements, other than the height, which shall be no higher than sixty-one (61)
feet above existing grade;
4. A dust control plan shall be attached to this decision that outlines the minimum standards,
practices, equipment, and schedule that shall be in place. Said plan shall be reviewed and
approved by the Zoning Board of Appeals Staff;
5. An erosion plan shall be attached to this decision. Said plan to include the requirement of
Holdgate Partners to institute a survey to establish grade elevation thirty-five (35) feet
from the easterly property line, toward the road; (in the alternative, the spot elevations
can be taken at the base of the existing berm on the bean's westerly side) these spot
elevations would create the baseline height values that the bank area would have to be
restored to; the restored area should be at least ten (10) feet into Holdgate Partner's
property; once restored to the established height, a fence (or in the alternative heavy
vegetation) shall be erected on the lot line; the survey work shall be completed within
eight (8) weeks; the overall restoration shall be completed within one (1) year. Once the
bank has been restored there shall be no further encroachment or activity that might cause
the bank to erode. The Board of Appeals shall revisit the site in one (1) year to make sure
the work has been completed;
6. The crushing, washing, and separating of stone and other material shall be suspended
between Memorial Day and Columbus Day of every year, as well as any week preceding
a holiday weekend;
7. Holdgate Partners shall make themselves available to immediate concerns from the
neighbors and will, acting in a commercial reasonably manner, cease a specific activity
for a period of time if the neighbors have a compliant about excessive noise associated
with that activity;
8. Holdgate Partners agrees to meet annually with the representative members of
Tetawkimmo Homeowners Association to discuss concerns at which meetings minutes
will be kept and forwarded to the ZBA office;
9. Holdgate Partners shall delineate the entirety of its boundaries by placing a post or
marker at one hundred and fifty (150) foot intervals so it can be easily ascertained if the
activities associated with the pit operation are contained within the bounds of the
Premises;
10. Any existing zoning setback violations shall be immediately corrected, this includes, but
is not limited to the steel walls that enclose the outdoor storage of materials such as loam,
mulch, gravel, sand, steel walls, however, not including so-called waste blocks used to
keep various aggregates and materials from co-mingling;
11. Holdgate Partners shall not operate, maintain, allow, or permit a transfer station at the
burrow pit, but certain materials ancillary to the operation of Holdgate Partners
construction business can be brought to the burrow pit, stored, and shipped out to
ultimate destinations but in no event shall those consist of garbage or refuse materials.
Acceptable materials are as follows: gravel, mulch, shells, loam, sand and the like;
12. Holdgate Partners shall not sell goods or commodities on site from the Pit to ultimate
consumers, but may sell on site to commercial clients who either further process or
distributor the goods or commodities;
13. No onsite burning of materials is allowed;
14. No other materials shall be stored without further relief, no construction debris from
others, no storage of materials that may have a harmful effect on groundwater provided
however Holdgate Partners in its on-going activities associated with its operation of the
borrow pit receives and processes ABC (asphalt, bricks and cement) and that
grandfathered activity is an allowed activity provided the work is done with appropriate
Department of Environmental Protection assents;
15. If there is a compost pile, said pile shall not be turned or disturbed from Memorial Day
and Columbus Day of every year, as well as any week preceding a holiday weekend;
16. All materials processed or stored at grade along the of the top of the borrow pit shall of
such consistency and makeup as to make their processing and/or storage along the bottom
of the pit incompatible and irreconcilable with the aggregate mining and processing that
otherwise takes place below top of the bank. grade of the boi-~-ow pit;
17. There shall be no more than seven (7) total businesses inclusive of Holdgate Partners.
The six (6) other businesses shall be limited to the storage of materials and equipment in
an area of 30,000 square feet. No other businesses of any type are allowed on site
without further relief from the board; and,
18. There shall be site plan review after the plan is submitted and there shall be no outdoor
construction on new buildings from Memorial Day to Labor Day of any year.
On the matter of ZBA File No. 033-08, by a vote of NONE (0) in favor and FIVE (5) opposed
(Toole, Waine, O'Mara, Koseatac, Botticelli), the Board of Appeals voted not to overturn the
Zoning Enforcement Officer thereby supporting his decision that the current level of commercial
activity on the site is not a substantial enough increase in the use of property to be considered an
expansion of the pre-existing nonconforming use subject however to the conditions in ZBA File
No. 086-08, hereinabove.
On the matter of ZBA File No. 034-08, by a vote of FIVE (5) in favor and NONE (0) opposed,
the Board of Appeals voted to overturn the Order of the Zoning Enforcement Officer thereby
ratifying Applicant's use of its garage(s) for machine and vehicle repair and maintenance as
allowed uses ancillary to the operation of the pre-existing, nonconforming commercial borrow
pit and construction business.
On the matter of ZBA File No. 035-08, by a vote of FIVE (5) in favor and NONE (0) opposed,
the Board of Appeals voted to deny a Clarification of the Special Permit granted in File No. 080-
05 inasmuch as the relief granted in File No. 034-08, hereinabove, permits the applicant's use of
its garages for machine and vehicle repair and maintenance; and, to grant a Special Permit to
allow a communication antenna to exceed thirty (30') feet in height subject to the conditions
found in Paragraph 3 of ZBA File No. 086-08, hereinabove. In a separate motion, by a vote of
NONE (0) in favor and FIVE (5) opposed, the Board of Appeals voted to deny the requested
VARIANCE relief to allow the Communications Antenna to remain in the setback.
SIGNATURE PAGE TO FOLLOW
Dated: November ~ , 2009
Koseatac
,-.,
~, ,
~~; J:
.~
Lisa Botticelli
Nantucket, ss. ~ ~ 2009
n t is ~. day of November, 2009, before me, the undersigned Notary Public, personally appeared
~~ ~~ ,who is personally known to me, and who is the person whose
name i iss gned on the preceding or attached document, and who ac owledged to me that he/she signed it
voluntarily for its stated purpose.
Notary Public:
My commission expires: ,3~.1/~
Michael O'Mara
APPEAL
SEE ATTACHED
VAUGHAN, DALE, HUNTER, STETINA AND BEAUDETTE
PROFESSIONAL CORPORATION
ATTOENEYSAT LAW
WFL~'S LANE
EDWAED FOLEY VAUGHAN P.O. BOX G59 r-;
KEVIN F. DALE NANTUCgET, MASSACHUSETTS 02554 -~J
WII.LIAM F. HUNTEB
MAETIN cTEFFBEY STETINA TEL: (5081228-4455
RICHAED P. BEAUDETTE FAX: (508) 228-3070 '
December 9, 2009 ..
Hand Delivered J
Catherine Flanagan Stover,
Nantucket Town Clerk
16 Broad Street
Nantucket, MA 02554
NOTICE TO TOWN CLERK PURSUANT TO G.L. c. 40A, ~ 17
Dear Madam:
I, William F. Hunter, Attorney for Longfin, LLC ("Plaintiff'), hereby provide
notice that Plaintiff has this day filed an appeal in the Superior Court of the November
17, 2009 decision of the Nantucket Zoning Board of Appeals in File Nos. 033-08, 034-
08, 035-08 and 086-08 which was filed with your office on November 20, 2009.
A copy of the complaint filed in the Superior Court is attached hereto, pursuant to
G.L. c. 40A, § 17.
Thank you for your attention to this matter. Please call me at 508-228-4455
should you have any questions or concerns.
Enclosure
Cc: William Cassidy
TRIAL COURT OF THE COMMONWEALTH
SUPERIOR COURT DEPARTMENT
NANTUCKET DIVISION
~,
CIVIL ACTION N~
LONGFIN, LLC, d/b/a
HOLDGATE PARTNERS,
Plaintiff,
v.
MICHAEL O'MARA, EDWARD TOOLE,
DALE WAIVE, LISA BOTTICELLI,
and KERIM KOSEATAC, in their capacity
as members of THE NANTUCKET
ZONING BOARD OF APPEALS;
THOMAS BRESETTE, MICHAEL G.
WEST and SUSAN HOSTETLER in their
capacity as trustees of
THE TETAWKIMMO COMMONS
ASSOCIATION TRUST, and
THE TETAWKIMMO COMMONS
ASSOCIATION TRUST
Defendants.
COMPLAINT
0
~~
,J
i
FILED
QEG ~ 9 2009
NANT(/CKET SUPE~~pR C~Rr CLERK
This is an appeal pursuant to G.L. c. 40A, § 17 from the November 17,
2009 consolidated decision of the Nantucket Zoning Board of Appeals (the
"ZBA" or "Board") in ZBA File Nos. 033-08, 034-08, 035-08 and 086-08 (the
"Decision"). A copy of the decision is attached hereto as Exhibit "A. The
property and uses referred to in the Decision are Holdgate Partners' commercial
borrow pit and its related uses and a construction business and its related uses,
both located in the Holdgate Partners' borrow pit at Barnard Valley Road,.
Nantucket, Massachusetts, and shown as Lot 8 on Plan File No. 32-B recorded at
the Nantucket Registry of Deeds (the "Locus"). Longfin, LLC, owns the Locus as
evidenced by a deed from Holdgate & Colletti Construction, Inc. to Longfin, LLC
dated June 22, 2006 and recorded in Book 1029, Page 63 at the Nantucket
Registry of Deeds, a copy of which is attached hereto as Exhibit "B". The
Decision both grants and denies certain SPECIAL PERMIT and VARIANCE
relief and both upholds and overturns certain decisions of the NANTUCKET
ZONING ENFORCEMENT OFFICER as set forth in the various ZBA File
Numbers referenced hereinabove. As set forth below, the Decision, in part,
exceeds the ZBA's authority.
JURISDICTION
The Plaintiff, Longfin, LLC, d/b/a Holdgate Partners brings this action
pursuant to Mass. Gen. L. c. 40A, § 17 which confers jurisdiction on the Superior
Court in the District where the land lies.
PARTIES
1. (a) The defendant, Michael O'Mara, is named in his capacity of Chairman
of the Zoning Board of Appeals for the Town of Nantucket, located at Two
Fairgrounds Road, Nantucket, County of Nantucket, Massachusetts, 02554. Upon
information and belief, Mr. O'Mara resides at 240 Polpis Road, Nantucket,
Massachusetts, 02554.
(b) The defendant, Dale Waine, is named in his capacity as member of the
Zoning Board of Appeals for the Town of Nantucket, located at Two Fairgrounds
Road, Nantucket, County of Nantucket, Massachusetts, 02554. Upon information
and belief, Mr. Waine resides at 11 Bishops Rise, Nantucket, MA 02554
2
(c) The defendant, Lisa Botticelli, is named in her capacity as member of
the Zoning Board of Appeals for the Town of Nantucket, located at Two
Fairgrounds Road, Nantucket, County of Nantucket, Massachusetts, 02554. Upon
information and belief, Ms. Botticelli resides at 24 Pine Street, Nantucket,
Massachusetts 02554.
(d) The defendant, Edward Toole, is named in his capacity as member of
the Zoning Board of Appeals for the Town of Nantucket, located at Two
Fairgrounds Road, Nantucket, County of Nantucket, Massachusetts, 02554. Upon
information and belief, Mr. Toole resides at 28 Burnell Street, P.O. Box 725,
Siasconset, Massachusetts, 02564.
(e) The defendant, Kerim Koseatac, is named in his capacity as member of
the Zoning Board of Appeals for the Town of Nantucket, located at Two
Fairgrounds Road, Nantucket, County of Nantucket, Massachusetts, 02554. Upon
information and belief, Mr. Koseatac resides at 30 North Water Street, Nantucket,
Massachusetts 02554.
(f) The defendant, Thomas J. Bresette, is named in his capacity as trustee
of the Tetawkimmo Commons Association Trust, u/d/t dated as of November 7,
1994 and recorded with Nantucket Deeds in Book 460, Page 243, a homeowners
association representing the homeowners in the subdivision commonly known
and referred to as "Tetawkimmo" which is a necessary party to this action as one
of the original applicants in ZBA File No. 033-08 . Upon information and belief,
Mr. Bresette resides at 1 Upper Tawpawshaw Road, P.O.B 938, Nantucket,
Massachusetts 02584.
3
(g) The defendant, Susan Hostetler, is named in her capacity as trustee of
the Tetawkimmo Commons Association Trust, u/d/t dated as of November 7,
1994 and recorded with Nantucket Deeds in Book 460, Page 243, a homeowners
association representing the homeowners in the subdivision commonly known
and referred to as "Tetawkimmo" which is a necessary parry to this action as one
of the original applicants in ZBA File No. 033-08 . Upon information and belief,
Ms. Hostetler resides at 13 Upper Tawpawshaw Road, P.O.B. 2222, Nantucket,
Massachusetts 02584.
(h) The defendant, Michael G. West, is named in his capacity as trustee of
the Tetawkimmo Commons Association Trust, u/d/t dated as of November 7,
1994 and recorded with Nantucket Deeds in Book 460, Page 243, a homeowners
association representing the homeowners in the subdivision commonly known
and referred to as "Tetawkimmo" which is a necessary party to this action as one
of the original applicants in ZBA File No. 033-08. Upon information and belief,
Mr. West resides at 492 Beacon Street, Boston, Massachusetts 02115.
(i) The defendant, Tetawkimmo Commons Association Trust, u/d/t dated
as of November 7, 1994 and recorded with Nantucket Deeds in Book 460, Page
243, is a homeowners association representing the homeowners in the subdivision
commonly known and referred to as "Tetawkimmo" and is a necessary party to
this action as one of the original applicants in ZBA File No. 033-08. Upon
information and belief, the trust has a mailing address of P.O.B 938, Nantucket,
Massachusetts 02584.
2. (a) Plaintiff Longfin, LLC, a Massachusetts limited liability
company, with an address c/o Peter A. Gulla, 21 Worthen Road, Suite 102,
4
Lexington, Massachusetts 02421, d/b/a Holdgate Partners, is the owner of the
commercial borrow pit and construction business located in the Holdgate
Partners' borrow pit at Barnard Valley Road, Nantucket, Massachusetts, and
shown as Lot 8 on Plan File No. 32-B recorded at the Nantucket Registry of
Deeds. Said borrow pit and construction business is situated on land close-by
"Tetawkimmo" and directly abuts land of the Nantucket Islands Land Bank.
PROCEDURAL HISTORY
3. In ZBA File No. 033-08, Applicant, the Tetawkimmo Commons
Association Trust ("Defendant or Tetawkimmo") appealed the decision of the
Nantucket Zoning Enforcement Officer who found the level of commercial
activity on the Locus was not a substantial enough increase in the commercial use
of the property so as to constitute an impermissible permitted expansion of the
pre-existing nonconforming use of the property. The ZBA voted to uphold the
decision of the Zoning Officer.
4. In ZBA File No. 034-08, Applicant, Longfin, LLC d/b/a Holdgate
Partners ("Applicant or Holdgate") appealed the decision of the Nantucket Zoning
Enforcement Officer who found that Holdgate's use of its garages for machine
and vehicle repair and maintenance were not permitted uses ancillary to the
operation of the pre-existing, nonconforming borrow pit and construction business
on the Locus. The ZBA voted to overturn the decision of the Zoning Officer
thereby ratifying Holdgate's use of its garages for machine and vehicle repair and
maintenance as permitted uses ancillary to the operation of the borrow pit and
construction business.
5
5. In ZBA File No. 035-08, Holdgate applied for a
CLARIFICATION of an earlier issued SPECIAL PERMIT seeking ZBA
clarification that the use of Holdgate's garages for machine and vehicle repair and
maintenance were permitted uses ancillary to the operation of its borrow pit and
construction business. Holdgate also applied to the ZBA for a Special Permit to
allow a communications antenna higher than thirty (30') feet and an alteration of
the antenna within the required twenty (20') side yard zoning setback area. In the
alternative, Holdgate applied for a VARIANCE to keep said antenna to within the
setback area. The ZBA voted to deny the CLARIFICATION of the SPECIAL
PERMIT inasmuch as the relief granted in ZBA File No. 034-08, above,
permitted Holdgate's use of its garages for machine and vehicle repair and
maintenance as permitted uses ancillary to the operation of its borrow pit and
construction business. The ZBA also voted to grant Holdgate a SPECIAL
PERMIT to permit a communication antenna higher than thirty (30') feet
provided it is constructed outside of the twenty (20') side yard zoning setback.
The ZBA also voted to deny VARIANCE relief to permit the antenna to be
located within the zoning setback area.
6. In ZBA File No. 086-08, Holdgate applied to the ZBA for a
MODIFICATION of earlier issued SPECIAL PERMIT Nos. 075-03 and 080-OS
to substitute a revised Exhibit "A" as the exhibit of record, and alternatively
applied for a SPECIAL PERMIT to allow construction of new structures on the
Locus, including the construction of an addition to the existing Holdgate office
building and the construction of a communications antenna. Holdgate also sought
to reduce the size of one of the garages previously approved in the above Special
6
Permits. This new construction, together with the reduced size of the garage did
not change the ground cover ratio of structures permitted in SPECIAL PERMIT
Nos. 075-03 and 080-05. The ZBA voted to grant the requested SPECIAL
PERMIT upon Conditions Nos. 1-18 set forth in the Decision.
FACTS
7. The Zoning Board of Appeals held a Public Hearing in this matter
on June 12, 2008. The Public Hearing was continued to July 11, 2008; August 8,
2008; September 12, 2008; October 12, 2008; October 29, 2008; February 12,
2009 and Apri19, 2009.
8. As reflected in ZBA File No. 086-08, Plaintiff Holdgate Partners
presented evidence and testimony in support of its application to the Nantucket
Zoning Board of Appeals for a MODIFICATION of earlier issued SPECIAL
PERMIT Nos. 075-03 and 080-OS to substitute a revised site plan exhibit of
record, attached hereto as Exhibit "C" ("Revised Site Plan"), and, in the
alternative, applied for a SPECIAL PERMIT to permit construction of new
structures on the Locus, including atwo-story wood frame building, a building to
house and protect from the elements a previously permitted "Concrete (Batch)
Plant" and an addition to the existing Holdgate Partners Construction Company
office building. (See application attached hereto as Exhibit "D".)
9. The Revised Site Plan shows, inter alia, the structures in the
borrow pit on the date of the plan, the structures proposed to be built pursuant to
the requested ZBA relief and the contour of the top edge of the borrow pit in
relation to the property lines of the Locus shown on plan of record at the
Nantucket Registry of Deeds.
7
10. As shown on the Revised Site Plan, the Locus abuts property
owned by the Land Bank on all four sides.
11. As shown on the Revised Site Plan, the top edge of the borrow pit,
shown as "Top of Slope" on the Revised Site Plan, encroaches onto Land Bank
property on the north and east sides of the borrow pit.
12 As shown on the Revised Site Plan, Tetawkimmo Road, the access
road to the Tetawkimmo subdivision, is constructed to the east of the borrow pit
and the easterly "Top of Slope".
13. In a letter agreement between Holdgate and the Land Bank dated
December 17, 2008, ("the Land Bank Agreement"), a copy of which is attached
hereto as Exhibit "E", Holdgate agreed to complete an instrument survey of its
property to confirm and locate any encroachments by Holdgate onto Land Bank
land; agreed to stop all ongoing activity thought to be encroaching onto Land
Bank land; agreed to remove any encroachments from the Land Bank property
shown on the survey, including a portion of a landscape retaining wall in the
northeast corner of the Locus; agreed to add material to the easterly side of the
Locus in order to reconstruct the top of the easterly bank to a point within the
Holdgate property with the reconstruction and relocation of said bank and top of
bank to, "...occur over the course of several years as material becomes available
and previously added material stabilizes (emphasis added) ".
14. In the Land Bank Agreement, Holdgate states that any
encroachment on the Land Bank land, in whole or in part, predates its 2006
ownership of the Locus inasmuch as the site has been an active and on-going
borrow pit site on Nantucket since a time prior to 1930.
8
15. ZBA Conditions Nos. 1-18 were drafted by ZBA Board member
Edward Toole prior to the conclusion of the public hearings in the matter of ZBA
File No. 086-08.
16. The Decision in large part is correct, enforceable and based upon
the testimony and credible evidence presented to the ZBA at its Public Hearings
in the matters described hereinabove.
17. On the other hand, Condition #5 in the ZBA Decision rendered in
File No. 086-08, as drafted by Mr. Toole in advance of the conclusion of the
public hearings is arbitrary, capricious, unreasonable and exceeds the Board's
authority. Specifically, Condition #5 in ZBA File No. 086-08 provides:
".......5. An erosion plan shall be attached to this decision. Said plan to
include the requirement of Holdgate Partners to institute a survey to establish
grade elevation thirty-five (35) feet from the easterly property line, toward the
road; (in the alternative, the spot elevations can be taken at the base of the
existing berm on the berm's westerly side) these spot elevations would create
the baseline height values that the bank area would have to be restored to; the
restored area should be at least ten (10) feet into Holdgate Partner's property;
once restored to the established height, a fence (or in the alternative heavy
vegetation) shall be erected on the lot line; the survey work shall be completed
within eight (8) weeks; the overall restoration shall be completed within one
(1) year. Once the bank has been restored there shall be no further
encroachment or activity that might cause the bank to erode. The Board of
Appeals shall revisit the site in one (1) year to make sure the work has been
completed;....."
The erosion plan requirement of Condition #5 is punitive, presumes an
intent by Holdgate to encroach on abutting property owned by the Nantucket
Islands Land Bank (the "Land Bank") and is not supported by any evidence given
at the Public Hearing. The Locus abuts property of the Land Bank on all sides.
Further, Condition #5 is not based on any testimony or discussion among the
Board, Holdgate or Tetawkimmo at the Public Hearing or other credible evidence.
9
To the contrary, Condition #5 ignores in its entirety the discussions and testimony
in the record of ZBA proceedings and ignores further the erosion mitigation plan
Holdgate and the Land Bank agreed to and presented in written form to the ZBA
at the ZBA's request.
18. The erosion plan requirement of Condition #5 is punitive because
it requires Holdgate to reconstruct and relocate the bank within one (1) year, an
unrealistic construction schedule; presumes an intent by Holdgate to encroach on
abutting property owned by the Land Bank; and is not supported by any evidence
given at the Public Hearing.
19. Accordingly, this Court should order Condition #5 of the Special
Permit issued in the matter of ZBA File No. 086-08 striken and remand the
decision back to the ZBA to draft a new Condition #5 incorporating the
agreements of the effected parties as found in the Land Bank Agreement.
COUNT 1
20. Plaintiff incorporates by reference, as though fully restated herein,
the allegations set forth in Paragraphs 1 through 19 above with the same force and
effect as if stated herein.
21. The ZBA failed to adhere to its own record of proceedings in the
matter of ZBA File No. 086-08 and instead chose to adopt conditions in the
Special Permit that make no specific reference to the testimony and other
evidence presented during its hearings.
10
22. The ZBA's decision in the matter of File No. 086-08 is arbitrary
and capricious and is not based upon the evidence or testimony presented during
its hearings.
23. Neither the Nantucket Zoning By-law, Nantucket Code Chapter
139, nor the provisions of the State Zoning Act, MGL c. 40A, permit Zoning
Board of Appeals to take jurisdiction over private property matters therefore,
Condition #5 of the Special Permit issued in the matter of ZBA File No. 086-08
exceeds the authority of the ZBA.
24. The ZBA's decision in the matter of ZBA File No. 086-08 is
punitive and erroneous as a matter of law.
25. Plaintiff is aggrieved by the Board's decision and will suffer
substantial harm if the decision is permitted to stand.
RELIEF REQUESTED
For the foregoing reasons, Plaintiff respectfully requests that this Court
enter a judgment which:
1. Strikes Condition #5 of the November 17, 2009 Decision of the
Nantucket Zoning Board of Appeals in File No. 086-08;
2. Remands this matter back to the Nantucket Zoning Board of
Appeals to draft a new Condition #5 in the matter of File No. 086-
08 reflecting the conditions, construction methodology and
construction time line found in the Land Bank Agreement;
3. Awards Plaintiff its reasonable costs and attorney's fees incurred
in bringing this appeal; and
11
4. Grants such other and further relief as the Court deems just and
proper.
LONGFIN, LLC d/b/a HOLDGATE
PAR ERS
Plain ff
By it attorne s, ~
i
.~\
Wi Siam F. H er, Esq., BBO# 629379
K vin F. Dale, q. BBO# 112340
V ughan, Dale, unter, Stetina and
Beaudette, P.C.
P.O. Box 659, Whaler's Lane
Nantucket, MA 02554
Tel No. 508-228-4455
Nantucket, Massachusetts
Dated: December 7, 2009
12
f"Jl~ 4'~ i
.~ ~. ~~
•
~;
BOARD OF APPEALS -
NANTUCKET, MASSACHUSETTS 02554 ~~^
Date: November 17, 2009
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 033-08, 034-08, 035-08 and 086-08
Owner/Applicant:
TOWN OF NANTUCKET
Tetawkimmo Commons Association Trust and
Longf in , LLC
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.
~ ~~ ~~~~
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.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 53, Parcel 25
Book 1029, Page 63
Limited Use General - 3
DECISION:
Lot 8, Plan File No. 32-B
Barnard Valley Road
1. At the public hearings of the Nantucket Zoning Board of Appeals held on Thursday,
June 12, 2008; Friday, July 11, 2008; Friday, August 8, 2008; Friday, September 12, 2008;
Friday, October 12, 2008; Wednesday, October 29, 2008; Thursday, February 12, 2009; and,
Thursday, April 9, 2009, in the garage area at 2 Fairgrounds Road and in the Conference Room
at 2 Fairgrounds Road, Nantucket, Massachusetts 02554, the Board made the following decision
on the appeal of TETAWKIMMO COMMONS ASSOCIATION TRUST (FILE NO. 033-
08) c/o Philbrick and Avery LLP, PO Box 148, Nantucket, MA 02554 AND LONGFIN, LLC
(FILE NO. 034-08) and the application of LONGFIN, LLC (FILE NO. 035-08 AND 086-08)
c/o Vaughan, Dale, Hunter, Stetina, and Beaudette, P.C., PO Box 659, Nantucket, MA 02554,
Board of Appeals File Nos. 033-08, 034-08, 035-08, and 086-08:
2. In File No. 033-08, Applicants are appealing, in part, the Zoning Enforcement
Officer's Decision of Holdgate Partners, LLC. Applicants contend that the current level of
commercial activity on the site is a substantial enough increase in the use of property to be
considered an expansion of the pre-existing nonconforming use. The site is located at Barnard
Valley Road, is shown on Nantucket Tax Assessor's Map 53 as Parcel 25, is shown on Plan File
No. 32-B as Lot 8, and is registered at the Nantucket County Registry of Deeds in Book 1029,
Page 63.
In File No. 034-08, Applicants are appealing the Zoning Enforcement Officer's Decision of
Holdgate Partners, LLC. Applicants contend that the use of its garage(s) for machine and
vehicle repair and maintenance are allowed uses ancillary to the operation of the pre-existing,
nonconforming commercial borrow pit and construction business. The site is located at Barnard
Valley Road, is shown on Nantucket Tax Assessor's Map 53 as Parcel 25, is shown on Plan File
No. 32-B as Lot 8, and is registered at the Nantucket County Registry of Deeds in Book 1029,
Page 63.
In File No. 035-08, Applicants are seeking a clarification of Special Permit granted in Decision
No. 080-OS to affirm Holdgate Partner's use of its garage(s) for machine vehicle repair and
maintenance as allowed uses ancillary to the operation of the pre-existing, nonconforming
commercial borrow pit and construction business. Applicants are also seeking Special Permit
relief pursuant to Nantucket Zoning Bylaw Section 139-17C(2) (height limitations) to allow a
communications antenna to exceed thirty (30) feet in height and Special Permit relief pursuant to
Nantucket Zoning Bylaw Section 139-33A (4)(a) and (b) (pre-existing nonconforming
structures) to allow the alteration of said antenna within the required twenty (20) foot side yard
setback. Or, to the extent necessary, Variance relief pursuant to Nantucket Zoning Bylaw
Section 139-32 (variances) to allow said antenna to remain sited within the setback. The site is
located at Barnard Valley Road, is shown on Nantucket Tax Assessor's Map 53 as Parcel 25, is
shown on Plan File No. 32-B as Lot 8, and is registered at the Nantucket County Registry of
Deeds in Book 1029, Page 63.
In File No. 086-08, Applicant requests a Modification of Special Permit Nos. 075-03 and 080-OS
to substitute a new Exhibit "A" for the exhibit of record, or in the alternative a Special Permit
pursuant to Nantucket Zoning Bylaw Section 139-33A (Pre-existing, nonconforming structures,
uses, and lots) to allow the construction of a new structure to house the previously permitted
"Concrete Plant", the relocation and reduction in size of one of the previously approved "Work
Shop/Garages", the construction and occupancy of a new two story wood frame office building
on the Premises, and an addition to the existing "Office". Also, the Applicant requests a Special
Permit pursuant to Nantucket Zoning Bylaw Section 139-17C(2) (height limitations) to allow a
communications antenna to exceed 30 feet in height. The site is located at Barnard Valley Road,
is shown on Nantucket Tax Assessor's Map 53 as Parcel 25, is shown on Plan File No. 32-B as
Lot 8, and is recorded at the Nantucket County Registry of Deeds in Book 1029, Page 63. The
site is zoned Limited Use General - 3.
3. Our decision is based upon the application and accompanying materials, and
representations, and testimony at our public hearing. The Planning Board made no
recommendation on the basis that no matters of planning concern were presented. Abutter
comment was received -primarily from the residents and homeowners of the Tetawkimmo
Commons Homeowners Association Trust. Most of this comment stemmed from the noise, dust,
odor, and amount of activity emanating from Holdgate Partners pit.
4. The Appellants/Applicants, through Counsel, presented oral and written testimony
and evidence asserting that the locus had been in continued long-term commercial use for
various purposes. Several Abutters contended that the Appellant's use has expanded beyond
what was originally allowed in the 2006 Special Permit granted by this Board of Appeals. The
Appellant, Holdgate Partners, explained the activities and the operations that occur on a daily
basis.
5. Based on the foregoing, the Board finds that as these appeals/applications are
symbiotic, they must be seen together and not in a vacuum. Application 086-08 was filed after
the original appeals were filed because none of the original appeals/application (033-08, 034-08,
035-08) asked for any Special Permit relief and were unable to have conditions attached to the
decision(s). Therefore, by addressing the Special Permit request in 086-08, the appeals and other
application before the Board would be constructively addressed by the conditions imposed by the
Special Permit.
6. Accordingly, the Board of Appeals, made the following votes:
On the matter of ZBA File No. 086-08, by a vote of FOUR (4) in favor and ONE
(1) opposed (Waine)', the Board of Appeals GRANTS the requested SPECIAL
PERMIT relief upon the following conditions:
1. The hours of the operation of the pit shall be 7:00 am to 7:00 pm, Monday through Friday
with no heavy machinery operation after 5:00 pm, 7:00 am to 1:00 pm on Saturday, and
~ Board member Waine opposed the vote as he believed Condition #5, below regarding the erosion plan, could
not be supported by the evidence submitted at the public hearing, and therefore, is arbitrary and capricious. In
fact, Board member Waine believed the evidence regarding the erosion showed that Holdgate Partners was not
the cause. Given the nature of the erosion, Board member Waine felt that the Board should have adopted a
condition that more paralleled the agreement between Holdgate Partners and the Nantucket Land Bank, the
owner of the property effected by the erosion. Board Member Waine considered Condition #5 is unnecessarily
restrictive to Holdgate Partners.
no activity on Sundays. In the case of exigent circumstances, e.g., snow emergencies,
water main breaks, safeguarding structures, etc., this restriction will be waived;
2. The existing garages on site and any newly permitted garages can be used for the storage
and repair of Holdgate Partners machinery only as long as the garages and practices are
compliant with all DEP and all local and state laws and regulations;
3. The communications tower shall be moved out of the setback and shall conform to all
zoning requirements, other than the height, which shall be no higher than sixty-one (61)
feet above existing grade;
4. A dust control plan shall be attached to this decision that outlines the minimum standards,
practices, equipment, and schedule that shall be in place. Said plan shall be reviewed and
approved by the Zoning Board of Appeals Staff;
5. An erosion plan shall be attached to this decision. Said plan to include the requirement of
Holdgate Partners to institute a survey to establish grade elevation thirty-five (35) feet
from the easterly property line, toward the road; (in the alternative, the spot elevations
can be taken at the base of the existing berm on the berm's westerly side) these spot
elevations would create the baseline height values that the bank area would have to be
restored to; the restored area should be at least ten (10) feet into Holdgate Partner's
property; once restored to the established height, a fence (or in the alternative heavy
vegetation) shall be erected on the lot line; the survey work shall be completed within
eight (8) weeks; the overall restoration shall be completed within one (1) year. Once the
bank has been restored there shall be no further encroachment or activity that might cause
the bank to erode. The Board of Appeals shall revisit the site in one (1) year to make sure
the work has been completed;
6. The crushing, washing, and separating of stone and other material shall be suspended
between Memorial Day and Columbus Day of every year, as well as any week preceding
a holiday weekend;
7. Holdgate Partners shall make themselves available to immediate concerns from the
neighbors and will, acting in a commercial reasonably manner, cease a specific activity
for a period of time if the neighbors have a compliant about excessive noise associated
with that activity;
8. Holdgate Partners agrees to meet annually with the representative members of
Tetawkimmo Homeowners Association to discuss concerns at which meetings minutes
will be kept and forwarded to the ZBA office;
9. Holdgate Partners shall delineate the entirety of its boundaries by placing a post or
marker at one hundred and fifty (150) foot intervals so it can be easily ascertained if the
activities associated with the pit operation are contained within the bounds of the
Premises;
10. Any existing zoning setback violations shall be immediately corrected, this includes, but
is not limited to the steel walls that enclose the outdoor storage of materials such as loam,
mulch, gravel, sand, steel walls, however, not including so-called waste blocks used to
keep various aggregates and materials from co-mingling;
11. Holdgate Partners shall not operate, maintain, allow, or permit a transfer station at the
burrow pit, but certain materials ancillary to the operation of Holdgate Partners
construction business can be brought to the burrow pit, stored, and shipped out to
ultimate destinations but in no event shall those consist of garbage or refuse materials.
Acceptable materials are as follows: gravel, mulch, shells, loam, sand and the like;
12. Holdgate Partners shall not sell goods or commodities on site from the Pit to ultimate
consumers, but may sell on site to commercial clients who either further process or
distributor the goods or commodities;
13. No onsite burning of materials is allowed;
14. No other materials shall be stored without further relief, no construction debris from
others, no storage of materials that may have a harmful effect on groundwater provided
however Holdgate Partners in its on-going activities associated with its operation of the
borrow pit receives and processes ABC (asphalt, bricks and cement) and that
grandfathered activity is an allowed activity provided the work is done with appropriate
Department of Environmental Protection assents;
15. If there is a compost pile, said pile shall not be turned or disturbed from Memorial Day
and Columbus Day of every year, as well as any week preceding a holiday weekend;
16. All materials processed or stored at grade along the of the top of the borrow pit shall of
such consistency and makeup as to make their processing and/or storage along the bottom
of the pit incompatible and irreconcilable with the aggregate mining and processing that
otherwise takes place below top of the bank grade of the bon-ow pit;
17. There shall be no more than seven (7) total businesses inclusive of Holdgate Partners.
The six (6) other businesses shall be limited to the storage of materials and equipment in
an area of 30,000 square feet. No other businesses of any type are allowed on site
without further relief from the board; and,
18. There shall be site plan review after the plan is submitted and there shall be no outdoor
construction on new buildings from Memorial Day to Labor Day of any year.
On the matter of ZBA File No. 033-08, by a vote of NONE (0) in favor and FNE (5) opposed
(Toole, Waine, O'Mara, Koseatac, Botticelli), the Board of Appeals voted not to overturn the
Zoning Enforcement Officer thereby supporting his decision that the current level of commercial
activity on the site is not a substantial enough increase in the use of property to be considered an
expansion of the pre-existing nonconforming use subject however to the conditions in ZBA File
No. 086-08, hereinabove.
On the matter of ZBA File No. 034-08, by a vote of FIVE (5) in favor and NONE (0) opposed,
the Board of Appeals voted to overturn the Order of the Zoning Enforcement Officer thereby
ratifying Applicant's use of its garage(s) for machine and vehicle repair and maintenance as
allowed uses ancillary to the operation of the pre-existing, nonconforming commercial borrow
pit and construction business.
On the matter of ZBA File No. 035-08, by a vote of FIVE (5) in favor and NONE (0) opposed,
the Board of Appeals voted to deny a Clarification of the Special Permit granted in File No. 080-
05 inasmuch as the relief granted in File No. 034-08, hereinabove, permits the applicant's use of
its garages for machine and vehicle repair and maintenance; and, to grant a Special Permit to
allow a communication antenna to exceed thirty (30') feet in height subject to the conditions
found in Paragraph 3 of ZBA File No. 086-08, hereinabove. In a separate motion, by a vote of
NONE (0) in favor and FIVE (S) opposed, the Board of Appeals voted to deny the requested
VARIANCE relief to allow the Communications Antenna to remain in the setback.
SIGNATURE PAGE TO FOLLOW
Dated: November ~ 2009
Nantucket, ss.
Kerim Koseatac '!
~ ~I ,
Lisa Botticelli
2009
~,~ ~n t is ~. day of November, 2009, before me, the undersigned Notary Public, personally appeared
~'~`G(./ ~ J ,who is personally known to me, and who is the person whose
~-.~~
name is signed on the preceding or attached document, and who ac owledged to me that he/she signed it
voluntarily for its stated purpose.
Notary Public:
My commission expires: ,3~,y.//~
Ari~EST: A YRUf= CCit~`~
~~r..` C~llo'"'
NANTUCKET TOWN Ci.ERK
~" Michael0'Mara
Bk:.01029 Pg: 63 -
~`
•~
Bk: 1029 PQ; 83 Page; 1 of 2
Doc: DD 06/23/2x06 10:37 AM
~ HOLDGATE & COLLETTI CONSTRUCTION, Inc., a Massachusetts domestic
corporation having its usual place of business at Barnard Valley Road, Nantucket,
,` Massachusetts 02554 ("Grantor"),
for consideration of $7,084,632.00 grant to Longfin, LLC, ("Grantee"} with a
.mailing address of P.O. Box 650, Norfolk, MA 02056
with Quitclaim Covenants,
2 that certain parcel of land, together with any improvements located thereon,
described as follows:
The certain real property located in the North Pasture beyond the second
milestone on Milestone Road, in the Town and County of Nantucket, Massachusetts,
shown as Lot 8 on a plan entitled "Compiled Plan of Laud Milestone Road in Nantucket,
3-- Mass.: (Nantucket County)" prepared for Frank Ii. and Clara B. Low by the BSC Group -
~ Surveying & Mapping, Inc., dated December 8, 1988, recorded with the Nantucket
`' Registry of Deeds in Plan File 32-B on December 30, 1988 (the "Plan', bounded and
y described according to the Plan as follows:
~ NORTHERLY by Lot 9 on the Plan, eight hundred
~ forty-five (845 feet; and
~i
~ EASTERLY by Lot 9 on the Plan, eight hundred forty
(~ (840-~ feet; and
SOUTHERLY by Lots 7 and 9 on the Plan, seven hundred
sixty-five (765±} feet; and
WESTERLY by Lot 9 on the Plan, five hundred eighty
{580-~ feet;
This conveyance is made together with the appurtenant right to use the roadway
or vehicle track shown as "Road A" on the Plan for ingress and egress on foot and by
vehicle to and from the property conveyed hereby to and from Milestone Road shown on
the Plan, and for all other purposes for which streets and ways now are or may be
customarily used in said Nantucket, in common with Grantors and others entitled thereto.
This conveyance is made subject to the following matters:
(a} Rights of others in any roadways, vehicle tracks or paths upon the premises
hereby conveyed, if any.
(b) All matters of record and rights of others, if any, in Proprietors Roads.
For Grantor's title see Deed dated October 2, 1989 from Clara B. Low and Frank
H. Low recorded in Book Q372, Page 088 at the Nantucket Registry of Deeds.
Bk: 01029 Rg: 64
Executed and sealed on June ~_, 2006.
Holdgate & Calletti Canstruction, Inc.
By:
Ale er oldgate
President and Treasurer
Holdgate & Colletti Construction, Inc.
Commonwealth of lvfassachusetts
County of Nantucket
On this z2 day of Lune, 2006, before me, the undersigned Notary Public, personally
appeared Alexander Holdgate in his capacity as President and Treasurer and proved to
me through satisfactory evidence of identification which was
to be the person whose name is signed on the preceding or attached document and
acknowledged to me that he signed it voluntarily for its stated purpose.
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rsnno zuve
VAUGHAN, DALE, HUNTEg, STETINA AND BEAUDETTE
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
WTT A T.F.R'S LANE
EDWAED FOLEY VAUGHAN P.O. BO%G59
n n• V iiv ~+. DALE NANTIICgET, MA.SSACHITSETTS 02554
WILLIAM F. HUNTEE
1~AETIN cTEP'FBEY STETINA ~ 1508) 228-4455
FA%a508) 228-3070
RICHAgD P. BEAIIDETTE
December 8, 2008
BY HAND DELIVERY
John Brescher, Zoning Administrator
Nantucket Zoning Board of Appeals
2 Fairgrounds Road
Nantucket, Massachusetts 02554
RE: Application for Modification to Special Permit Nos. 085-OS and 075-03;
Application for a Special Permit pursuant to allow a communications antenna to
exceed 30 feet in height;
LONGFIN, LLC d/b/a/ HOLDGATE PARTNERS;
Barnard Valley Road, Map 53, Parce125;
Lot 8, Plan File 32-B;
Nantucket, Massachusetts 02554
Dear John:
Holdgate Partners, successor-in-interest to Holdgate and Colletti, Inc., wishes to modify
Special Permit Nos. 085-OS and 075-03, or in the alternative be granted a Special Permit, to allow
the construction of a new office building, an addition to the existing office and a structure to the
house the batch plant in the old Holdgate and Colletti pit. Additionally, it requests a Special
Permit pursuant to Nantucket Zoning By-law Chapter 139-17 C (2) Height Limitations to allow a
communications antenna to exceed 30 feet in height Enclosed herewith please find an
application for zoning relief with supporting documentation attached including two sets of
mailing labels. I have also enclosed the filing fee required by the Town of Nantucket in the
amount of $300.00.
Please mark this matter for hearing by the Nantucket Zoning Board of Appeals at its
January, 2009 Meeting.
Thank you for your help in these matters. Please
questions.
free to~all me should you have
Hunter
WFH/
~_..,_.
NANTUCKET ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MA 02554 ~,~Q
FEE: $300.00 CASE NO. a
APPLICATION FOR RELIEF
Owner's name(s): Longfin, LLC d/b/a Holdgate Partners
Mailing address: C/o Vaugthan Dale Hunter Stetina and Beaudette P.C. POB 659 Nantucket 02554
Applicant's name: Longfm, LLC d/b/a Holdgate Partners
Mailing address: C/o Vau¢han Dale Hunter Stetina and Beaudette P.C. POB 659 Nantucket 02554
Locus address: Barnard Valley Road Assessor's Map/Parcel: 53/25
Land Court Plan/Plan Book & Page/Plan File No.:32-B Lot No.:8
Date lot acquired: 06/22/06 Deed Ref./Cert. of Title: Book 1029/Page 63 Zoning District:LUG-3
Uses on Lot: Commercial: Yes (describe): Storage and maintenance of trucks and heave equipment incidental
to Applicant's construction and borrow pit business; various masonry staging areas
Residential: Number of dwellings 0 Duplex Apartments Rental Rooms
Building Date(s): All pre-date 7/72?
Building Permit Nos:
Previous Zoning Board Application Nos.: 098-85; 075-03; 080-05; 034-08
C of O(s)?
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:
SEE ATTACHED ADDENDUM
I certify that the infor
knowledge, under the
SIGNATURE: 1
(If not owner or owner's
herein is substantially complete and true to the best of my
~s of perjury.
please
Applicant Attorney/Agent X
to bring this matter before the Board)
or
of
Application received on~/~/
Filed with Town Clerk: / /
FOR ZBA OFFICE USE
By: Complete: Need copies?:
Planning Board:_/ / Building Dept.:
Fee deposited with Town Treasurer: / / By: Waiver requested?:_
Hearing notice posted with Town Clerk: / / Mailed: / / I&M:_/
i_i By:
Granted: / /
& _/_/.
Hearing(s) held on: / / Opened on: / / Continued to:_/ / Withdrawn?: / /
DECISION DUE BY: / / Made: / / Filed w/Town Clerk: / / Mailed:_/ /
DECISION APPEALED?: / / SUPERIOR COURT: LAND COURT Form 4/03/03
ADDENDUM TO ZBA APPLICATION
LONGFIN, LLC d/b/a/ HOLDGATE PARTNERS
LONGFIN, LLC d/b/a/ HOLDGATE PARTNERS (hereinafter "Holdgate") seeks a
Modification to Special Permit No. 080-05, granted by the Board, dated February 23, 2006,
recorded at the Nantucket Registry of Deeds in Book 1012, Page 119, as affected by a
Modification to Special Permit No. 075-03, dated October 27, 2003, recorded at the Nantucket
Registry of Deeds in Book 895, Page 305, as further affected by a Clarification, dated June 21,
2004, recorded at the Nantucket Registry of Deeds in Book 903, Page 20, by substituting a new
Exhibit "A" for the Exhibit of record, or in the alternative a Special Permit pursuant to Nantucket
Zoning By-law Chapter 139-33A, Preexisting Nonconforming Structures, Uses and Lots, to
allow the construction of a new structure to house the previously permitted "Concrete Plant", the
relocation and reduction in size of one of the previously approved "Work Shop/ Garages", the
construction and occupancy of a new two story wood frame office building on the Premises and
an addition to the existing "Office". To the extent the Board feels
Holdgate also seeks a Special Permit pursuant to Nantucket Zoning By-law Chapter 139-
17 C (2), Height Limitations, to allow a communications antenna to exceed 30 feet in height.
Currently, the on-site communications tower is sited within the 20' zoning setback yard and
Holdgate intends to resite it to a point within the buildable part of the yard.
Holdgate currently benefits from prior Zoning Board of Appeals decisions that permit,
among other things, the construction of two "Work Shop/Garages". Holdgate has constructed
one of the work shop/garages pursuant to the approved "Exhibit A" but now wishes to construct
a smaller version of the second "work shop/garage" in the location shown on the replacement
"Exhibit A", attached hereto and referred to thereon as "Proposed Shop". Additionally, Holdgate
proposes to construct a 2000 +/- square foot building to house the previously permitted
"Concrete Plant" (batch plant) undercover and away from the elements. The "Proposed Shop"
and "Proposed Batch Plant Building", when taken together, shall have a combined ground cover
of no greater then the ground cover approved for the originally permitted second "Work Shop /
Garage".
Additionally, Holdgate proposes to construct a two story wood frame building on the
Premises. This building would either be used by Holdgate in the operation of its business or
rented to a surveying company or engineering firm but only, if and when tenant space opened up.
Lastly, Holdgate proposes to construct an addition to the existing "Office" that houses
Holdgate Partners.
The construction of the new building to house the "Concrete Plant", .the construction of
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Office and the relocation and reduction in size of one of the permitted "Garage/Shops" will result
in total ground cover no more than allowed in the previous Zoning Board of Appeals Decisions,
will result in a more efficient and environmentally enhanced "Concrete Plant" operation and
comports with the spirit and intent of the Zoning By-law and previous Zoning Board of Appeals
Decisions in this matter.
Accordingly, the Holdgate respectfully requests the Board grant it the Modification, or in
the alternative a Special Permit, and approve the new Exhibit "A" as proposed herein and grant
the Special Permit to allow the resting, height and location of the communications tower as
described above.
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PASS A7E SYS;4V
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Bk: 01029 Pg: 63
i
Bk: 1029 Pq; 83 Pagr; 1 of 2
Doc: DD 06/23/2408 10:37 AM
~ HOLDGATE & COLLETTI CONSTRUCTION, Inc., a Massachusetts domestic
corporation having its usual place of business at Barnard Valley Road, Nantucket,
~ Massachusetts 02554 ("Grantor"),
for consideration of $7,084,632.00 grant to Longfin, LLC, ("Grantee") with a
V mailing address of P.O. Box 650, Norfolk, MA 02056
with Quitclaim Covenants,
2 that certain pazcel of land, together with any improvements located thereon,
described as follows:
The certain real property located in the North Pasture beyond the second
milestone on Milestone Road, in the Town and County of Nantucket, Massachusetts,
shown as Lot 8 on a plan entitled "Compiled. Plan of Land Milestone Road in Nantucket,
3-- Mass. (Nantucket County)" prepared for Frank H. and Clara B. Low by the BSC Group -
v Surveying & Mapping, Inc., dated December 8, 1988, recorded with the Nantucket
`°' Registry of Deeds in Plan File 32-B on December 30, 1988 (the "Flan"), bounded and
described according to the Plan as follows:
NORTHERLY by Lot 9 on the Plan, eight hundred
~ forty-five (845 feet; and
ri
y' EASTERLY. by Lot 9 on the Plan, eight hundred forty
(~ (840±} feet; and
SOUTHERLY by Lots 7 and 9 on the Plan, seven hundred
sixty-five (7b5~ feet; and
WESTERLY by Lot 9 on the Plan, five hundred eighty
(580-~ feet;
This conveyance is made together with the appurtenant right to use the roadway
or vehicle track shown as "Road A" on the Plan for ingress and egress on foot and by
vehicle to and from the property conveyed hereby to and from Milestone Road shown on
the Plan, and for all other purposes for which streets and ways now are or may be
customarily used in said Nantucket, in common with Grantors and others entitled thereto.
This conveyance is made subject to the following matters:
(a) Rights of others in any roadways, vehicle tracks. or paths upon the premises
hereby conveyed, if any.
{b) All matters of record and rights of others, if any, in Proprietors Roads.
For Grantor's title see Deed dated October 2, 1989 from Clara B. Low and Frank
H. Low recorded in Book 0372, Page 088 at the Nantucket Registry of Deeds.
Bk: 01029 Pg: 64
Executed and sealed on 3une ~~ 2006.
Holdgate & Colletti Construction, Inc.
By:
Ale der oldgate
President and Treasurer
Holdgate & Colletti Construction, Inc.
Commonwealth of Massachusetts
County of Nantucket
On this LZ day of June, 2006, before me, the undersigned Notary Public, personally
appeared Alexander Holdgate in his capacity as President and Treasurer and proved to
me through satisfactory evidence of identification which was
to be the person whose name is signed on the preceding or attached document and
aclmowledged to me that he signed it voluntarily for its stated purpose.
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NANTUCi~T LAND SANK
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AAABBA SETT8 FaCCt9E TAX ~•
Nantuoket C ty ROQ /1t3 001 111
pate: 08/2312 10:37 AM
OtrIt1467848 24296 00~ 00002172
Fee: 532,307.80 Cona. 7,084.832.00
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Town of Nantucket Web GIS -Printable Map
Town of Nantucket Web GIS
Page 1 of 1
Prop ID 53 25
Address 1 BARNARD VALLEY RD
Owner LONGFIN LLC
PO BOX 650
NORFOLK, MA 02056
Sale Date 06/13/2006
Sale Price $7,084,632
Book/Page 01029/0063
Lot Size 12.7 acres
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered whe
using this data are available from the
Nantucket GIS Coordinator.
Disclaimer The information displayed on this or
any other map produced by The Town of
Nantucket Is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for Individual needs.
All information is from the Town of Nantucket
Geographic Information System (GIS) database.
Town of Nantucket, Massachusetts
Map Composed
12/5/2008
Copyright 2D05 Town of Nantucket, MA. All rights reserved. Developed by AppGeo
~r`
M
R
.~ 5- ~~
BoA Form
NANTUCKET ZONING BOARD OF APPFAT.$
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
"=;~:~;=:ins>,f~.s
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ASSESSOR'S LIST OF PARTIES IN INTEREST
PROPERTY OWNER:
Z d
APPLICANT FOR RELIEF (SAME? ~) ;
ADDRESS OF PROPERTY:
~~
ASSESSOR'S MAP - PARCEL: ~ _ _~~'
*
LIST OF PARTIES INCLUDING ADDRESSES
*(OR SEE ATTACHED •);
certify that the foregoing (or the attached
atural or legal, who are owners of abuttin ) lists all persons,
irectly opposite on any public or private str°eeteorywaowners of land
he abutters and all other land owners within three hundrednfeetuofetheof
roperty line of Owner's property, as they (and their address) a ear on
~e most recent applicable tax list PP
lapter 139, §139- D(2)~. [per M.G.L, c.40A, §11 and Zoning Code
~'C> ~ ~
ate
As essor's Office
Town of Nantucket
'OTE: Applicant (Petitioner) should include with the lot for which zoning
lief is sought, any commonly-owned abutting lots which might become
vol~ved in the zoning matter. List-map and parcels for each abutter.
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VAUGHAN, DALE, HUNTER, STETINA AND BEAUDETTE
PROFESSIONAL CORPORATION
ATTOax~s AT LAW
Wsei~a's T,Axx
EDWABD FOLEY VAIIGFTAN ~ P.O. BOg 659
%svn~r F. Dbrs N~rrruc~x, Mess A~-~:~rs x2554
W~raazF.Hm~rrEa -
McB~n~* JAY S~Tn~r~ ~: ~soa~ 228-44ss
~p~ FA%: (5081228.3070
~1CHAED P. Bh]AUDR,TTS
December 17, 2008
BY HAND DELIVERY
Eric Savetsky, Director
Nantucket Land Bank Commission
22 Broad Street
Nantucket, Massachusetts 02554
RE: Holdgate Partners,
Barnard Valley Road,
Nantucket, Massachusetts
Dear Eric:
Please recall that on the morning of Monday, November 24, 2008, Billy Cassidy,
Paul Santos of Nantucket Surveyors, you and I discussed concerns that the Nantucket
Land Bank Commission has about possible encroachments by the Holdgate Partners Pit
onto property owner by the Land Bank in and around Barnard Valley and Tetawkimrno
Roads. In that meeting, Holdgate Partners agreed to have its property instrument
surveyed and provide the Land Bank Commission with a copy of the survey plan. This
plan will confirm encroachments, to the extent they exist, by the Pit onto Land Bank
property.
In the meantime, based on this discussion, Holdgate Partners has agreed to
cooperate with the Land Bank Commission in addressing its concerns; a so-called
compiled plan and visual inspection of the Pit property appears to reveal certain
encroachments onto abutting Land Bank property. Although.rnost of these
"encroachments" appear to have pre-existed Holdgate Partners' ownership of the Pit,
Holdgate Partners agrees to the following in an effort to resolve these matters:
Page 2
December 17, 2008
Eric Savetsky, Director
Nantucket Land Bank Commission
RE: Holdgate Partners,
_ Barnard Palley Road,
Nantucket, Massachusetts
1. Holdgate Partners agrees to immediately cease all ongoing commercial activity
thought to be encroaching onto Land Bank property;
2. Holdgate Partners agrees to remove any encroachments from Land Bank property
such as, but not limited to, loam, sand, rubble, debris, equipment, vehicles, and other
materials associated with its operations. The Land Bank recognizes that this process has
already commenced and Holdgate Partners expects to complete this work by June 1,
2009;
3. If the landscape retaining wall in the northeast corner of the Pit is confirmed by
the survey mentioned above to be encroaching over the property line, the encroaching
portion of the wall will be removed from Land Bank property by June 1, 2009;
4. Holdgate Partners agrees to continue to add material to the bank along the easterly
side of its property with the goal of eventually bringing a reasonably acceptable depiction
of what could be considered to be the top of the original bank westward so that it is
within Holdgate Partners property. It is acknowledged that will occur over the course of
several years as material becomes available and as previously added material stabilizes.
The Land Bank and Holdgate Partners agree to work together in a diligent and good faith
manner while~this part of.t~s obligation is attended to. It is Holdgate Partners position
that this encroachment in whole or in part, to the. extent the survey reveals such
encroachment, predates its ownership of the borrow pit and the Land Bank intends to
give Holdgate Partners reasonable time and latitude to accomplish this work;
Page 3
December 17, 2008
Eric Savetsky, Director
Nantucket Land Bank Commission
RE.• Holdgate Partners,
Barnard Valley Road,
Nantucket, Massachusetts
5. Once the Holdgate Partners property lines have been confirmed by the survey
described above, Holdgate Partners will place markers along all four sides of the property
that are clearly visible to serve as a visual reference for all employees, tenants and/or
customers of Holdgate Partners to ensure that future encroachment activity is prevented.
Additionally, Holdgate Partners would like the opportunity to discuss with the
Commission the possibility of implementing a landscaping plan for the "berm" at the
crest of the east wall of the borrow pit.
Please feel free to tail me with the either your comments or the comments and
questions of your Commission. In the meantime, Holdgate Partners remains dedicated to
resolving the issues discussed in our meeting~of November 24, 2008.
WFH/
CC: Billy Cassidy
Paul Santos, P.L.S.