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HomeMy WebLinkAbout055-00~•~~NpNTUC~f ~.. :~~ Off; '~'~' ~' X02: •~ w: ,y • -r-~~~ti; Town of Nantucket OFFICE OF THE TOWN CLERK 16 Broad Street NANTUCKET, MASSACHUSETTS 02554-3590 Catherine Flanagan Stover, CMC, CMMC Town Clerk (508)228-7217 FAX (508) 325-5313 Home: (508) 228-7841 Email: twnclerk@nantucket.net I, Catherine Flanagan Stover, duly elected Clerk of the Town of Nantucket, hereby certify that no decision of the Superior Court was filed with my office on the Appeal of the Constructive Grant in regard to ZBA application, File #055-00, Joseph V. Arno. Signed, and certified this day, April 1, 2004 Catherine Flanagan Stover, CMC, CMMC Town Clerk FILE COPY Town of Nantucket OFFICE OF THE TOWN CLERK 16 Broad Street NANTUCKET, MASSACHUSETTS 02554-3590 Catherine Flanagan Stover, CMC, CMMC Town Clerk (508,228-7217 FAX (508) 325-5313 Home: (508) 228-7841 Email: twnclerk@nantucket.net I, Catherine Flanagan Stover, duly elected Clerk of the Town of Nantucket, hereby certify that no decision was filed with my office on the ZBA application, File #055-00, Joseph V. Arno. Signed, and certified this day, April 23, 2002 Catherine Flanagan Stover, CMC, CMMC Town Clerk COPY Melissa D. Philbrick Emily Avery PHILBRICK AND AVERY LLP Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Tel: (508) 228-5151 Fax: (508) 228-5155 erely, r•~ ~. ~ ~Y,.~ December 1, 2000 TO: NANTUCKET TOWN CLERK FROM: MELISSA D. PHILBRICK, attorney for J. Richard Judson and Carolyn F. Judson, Trustees of 1946 House Realty Trust, Ann Killen, Trustee of Lobster Pot Nominee Trust and Florence E. Clifford DATE: DECEMBER 1, 2000 NOTICE OF APPEAL On behalf of my clients, J. Richard Judson and Carolyn F. Judson, Trustees of 1946 House Realty Trust, Ann Killen, Trustee of Lobster Pot Nominee Trust, and Florence E. Clifford, I hereby notify you that we are appealing to the Superior Court of the District and County of Nantucket, Massachusetts the constructive grant filed with you by Kenneth A. Gullicksen, attorney for Joseph V. Arno, having a residential address of 27 Easy Street, Nantucket, MA 02554, wherein Joseph V. Arno claims that because Nantucket Zoning Board of Appeals failed to take action by filing a written decision reflecting its August 11, 2000 vote not to grant Joseph V. Arno a Special Permit, the Special Permit is deemed constructively granted. My clients herein appeal that constructive grant under M.G.L. Chapter 40A, Section 17. Please find attached a copy of the complaint as filed this day. Dry 01 2~ ~7 ,,_. CLt~;1;;:~IT _ R. Penelope Scheerer Melissa D: Philbrick ~~~Y w RLADE~ GUL.I.IGKSLN~ HANI.,LI' & GII~,I~ ORD~ LLP S]\ YOUNG'S ~VAY NANTUCKET, DIASSACHUSITI'TS 0235°I (508) 228-3128 FAA: (308) 228-SG30 ARTHUR I. REALL;/ JR., P.C. readelawCQnantucket.net DIALLING ADDRESS Ki:NNETH A. GULLICKSEN POST OFFICE BOX 2669 MARIANNE IIANLEI NANTUCKET, DIASS. 02584 WHITNEY A. GIFI~ ORD November 14, 2000 BY HAND Catherine Flanagan Stover, Clerk Town of Nantucket 16 Broad Street Nantucket, Massachusetts Dear Ms. Stover: Re: Joseph V. Arno 27 Easy Street Board of Appeals File # 055-00 Joseph V. Arno submitted an application, a copy of which is enclosed, to the Nantucket Zoning Board of Appeals (the "ZBA") for a special permit. The ZBA conducted a hearing on July 14, and August 11, 2000 regarding the application. More than 90 days have elapsed since the conclusion of the hearing but the ZBA has not taken final action by filing a written decision with your office. Pursuant to Nantucket Zoning By-law Section 139-30 and M.G.L. Chapter 40A, Section 9, you are hereby notified that the special permit sought by Mr. Arno is deemed granted. A copy of this notice, together with a notice that any appeal must be filed within 20 days pursuant to M.G.L. Chapter 40A, Section 17 and Nantucket Zoning By-law, Section 139-30 has been sent to all parties in interest, all of whom are listed on the attached sheet. Joseph V. Arno By his Attorney // /' Kenneth A. Gullicksen Reade, Gullicksen, Hanley & Gifford, LLP KAG/jkl F:\WP\ARNO\27EASYST\stover.ltr.doc .r tf 4 ,: - :. J' ' M i; TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, JULY 14, 2000, in the CONFERENCE ROOM, TOWN ANNEX BIIILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: JOSEPH V. ARNO BOARD OF APPEALS FILE N0. 055-00 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-33A (alteration/extension of a pre-existing nonconforming structure/use). Applicant proposes to demolish an existing structure and construct a new building with a ground cover of up to about 3,991 square feet, with a maximum of two (2) separate rental spaces on the first floor, with a total maximum square footage of about 3,491 square feet of retail and/or office space and two (2) dwelling units, primarily located on the second floor. Applicant is also seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-18 to waive all but one (1) of the required parking spaces. The new structure and uses with up to a maximum of seven (7) employees on site at peak shift, would require a total of 21 parking spaces, 19 for commercial uses and two (2) for the dwelling units. One (1) conforming parking space will be provided on site with one (1) additional nonconforming stacked space to the rear of the conforming space. The structure and Lot will comply with all dimensional, green space, ground cover and setback requirements of the Bylaw. To the extent necessary, relief by SPECIAL PERMIT is also sought under Zoning Bylaw §139-20 to waive the loading zone requirement. The Application is said to be for the same relief granted in the Decision in BOA File No. 075-97, which arguably has lapsed. See also BOA File Nos. 012-85, 028-89, 028-93, 027-96, and 054-97 (withdrawn). The Premises is located at 27 EASY STREET, Assessor's Map 42.4.2, Parcels 18 and 19, Lot G, Land Court Plan No. 8594-C and Lot 1, Land Court Plan No. 8594-D. The property is ~o~ed Residential Com~tercial. William P. Houriha`~t, Chairman RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 JUN 2 9 2000 TIME: 3`3 ~ ~~.. LERK: 1-- BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 /~y1 ~ CASE No. - `-w APPLICATION FOR RELIEF Owner's name(s): Joseph V. Arno Mailing address: c/o Reade Gullicksen, Hanley & Gifford, LLP, Six Young's Way P. O. Box 2669, Nantucket, MA 02584 Applicant's name: Same as above Mailing address: Same as above Location of lot: Assessor's map and parcel numbe r 42.4.2-18 Street address: 27 Easy Street t L d Ct R i n ",~^ D1~ "~ ^Y "',^ ~';'° Pl 8594-C Lot G; 8594-D Lotl eg ry an s , a , Date lot acquired: 5/1/79 Cert. of Title 8693 Zoning district RC Uses on lot - comm ercial: ~3e~-er one retail store t4EB? _ - number of : dwellings 1 ~gle~ aPar~~e~~s _ ~~~1 ~eams_ Building date(s): all pre-8/72? Yes or C of O? X Building Permit a ppl'n Nos. 12017-95 Case Nos. all BoA applications, lawsuits: 012-85, 28-89, 28-93~ ~' Z~._ [~~ d ~ ~ ~ T~ / ~ /~ ~ ~ Q ( I -'~J State fully all zoning relief sought and respective Code sections and subsections, .specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139-32A _ if Variance, 139-30A X if a Special Permit (and 139-33A _ if to alter or extend a nonconforming use). If appeal per 139-31A & B _, attach decision or orders appealed. OK to attach addendum See Addendum. Items enclosed as part of this Application: orderl_ addendumZ X Locus map X Site plan X showing present X + planned _ structures Floor plans present _ proposed X elevations X(HDC approved? Yes) Listing lot area _ frontage _ ,setbacks _ GCR _ parking data Assessor-certified addressee list 4 sets X mailing labels 2 sets X $200 fee payable to Town of Nantucket X proof3 _'cap' covenant _ 1(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: /~w..,,~,sC.b/~~-tea,. ~,pp•lieanf _ Attorneys-age~~ X '(If not owner or owner's attorney, enclose proof of authority) W ~ U ,n LL N Q O O Q ~ .Y ~ W DC !- ~UU Z ~ ~ Z CQ '- 7 FOR Bo OFFICE USE /~ Application copies re e d: 4 or f r $o on ~L/ ~~ b One copy filed with Town Clerk on ~/~ by complete? ` One copy each to Planning Bd and Building Dept / ~ by \J $200 fee check given ~ Treasurer on / by aived?C~ \ Hearing notice posted ~/~~~ mailed ~ I & M _, ~J_ Hearing (s ) on _/_/_ cont' d to _/_/_, _/_/_ withdrawn? _/_/_ Decision due by _/_/_ made _/_/_ filed TC _/_/_ mailed _/_/_ See related cases lawsuits other 0 0 0 CV 07 C I Li C 7~ - ~ 7 Y W -J U f:\wp\arno\27easyst\boaappl.doc Addendum to Application of Joseph V. Arno In Board of Appeals File No. 075-97, applicant was granted .a Special Permit to construct a new building, with a ground cover of up to 3,991 square feet containing up to two retail spaces and/or office space totaling up to 3,491 square feet on the first floor. The remainder of the first floor will be storage, utility areas and stairway access to the second floor, which will contain two dwelling units. The proposed building complied with all ground cover and setback requirements of the By-law. Because of delays in obtaining state and other local permits applicant was not able to commence construction of the building and the Special Permit has now lapsed. Applicant now seeks the same relief. The proposed building is substantially the same as that proposed in File No 075-97 with the same ground cover, floor area and uses. Applicant requests Special Permit relief from parking requirements under By-law Section 139-18B, off street loading requirements under By-law Section 139-20C and under By-law Section 139-33A and a site plan review under By-law Section 139- 23. A total of 21 parking spaces are required for the planned use of which 19 relate to commercial uses and 2 to residential uses. The applicant will maintain the one existing space and requests a waiver as to a total of 20 spaces. Waiver of all parking and loading requirements are permitted, the subject property being situated in the Core and Resident Parking Permit District. f:\wp\arno\27easyst\boaappl2.adc •o`" s ~.~ ~ f ~~` • ~,Mts ~ ~NN'~~ t,t • ~ -~}-- I ~~ .o i ~ ~~~~ ~ ~ W ~ ~ ~- / / i- / .~ + ~~~~ ~~ ~~,~ ~~~~ ~~ ` ~ A ~1 S r 0 n z ~ o ~N y ~1 ~ .y r d v ~~ 1~ ~~ ~' BtaEEt ~.'.r,.--r~ 10 / •N~Rf ~ s~ v ~~ '^~\\v~ Y \\\~~~ \~\\~\~~)/\v~ ~ .y ~O 26 - '~ y _ J ~ ~Q\\J S U \pt 6 > `Y ,~ ~ Z ~ E t r; ze zt bt~~ W z~ Z ~~ ,~ o opt ~ ~ ~~~~•~ bb ~ ~ 1 . M'Mtu`~t~ M ~ ~Nl ~~r `MM''`t'p~1 0, `o, tNt ~ ~~ ~ ~_ ~~ ~~~ ~a r F. W W ~ s+ u i ~ h L~ ~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February ~ 19 98 ..~. To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner/Applicant: 075-9~' JOSEPH V. ARNO Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20 ) days . --- -~ _ .. le W. Waine Chairman cc: Town Clerk - --- planning Board -~ ~` -- Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET ZONING 'BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 42.2.4, Parcel 18 Lot G, L.C. Plan 8594-C; 27 Easy Street Lot 1, L.C. Plan 8594-D Residential-Commercial Certificate of Title. No. 8693 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, January 9, 1998, at 1:00 P.M., in the Meeting Room, in the Annex to the Town and County Building, 37 Washington Street, Nantucket, Massachusetts, following notice and a public hearing in the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on December 5, 1997, which hearing was continued to December 16, 1997 in the Meeting Room, in the Annex to the Town and County Building, 37 Washington Street, Nantucket, Massachusetts, and then, due to the lack of a quorum, continued to Friday, January 9, 1998, at 1:00 P.M., in the Meeting Room, in the Annex to the Town and County Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of JOSEPH V. ARNO, c/o Reade & Alger Professional Corporation, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 075-97: 2. The applicant seeks a SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B (parking- requirements); under §139-20C (off-street loading zone requirements); and under §139-33A (alteration/expansion of a pre-existing non-conforming structure/use) and a site plan review under §139-23. The applicant proposes to demolish the existing structure and to construct a new building with a ground cover of up "to 3,975 square feet containing up to two (2) retail spaces and/or office space totaling up to 3,675 square feet on the first floor and two (2) dwelling units on the second floor. The proposed building and uses require twenty-one (21) parking spaces, nineteen (19) for commercial uses and two (2) for the residential uses. One (1) parking space will be provided on site. The subject property (the "Locus") is located at 27 EASY STREET, Assessor's Map 42.4.2, Parcels 18 and 19, consisting of the land shown on Land Court Plan 8594-C as Lot G, and the land shown on Land Court Plan 8594-D as Lot 1. The Locus is zoned RESIDENTIAL-COMMERCIAL. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearings, including a finalized, detailed site plan by Nantucket Surveyors, Inc. dated February 16, 1997 as revised through December 11, 1997, submitted by the applicant, as required by Zoning By-law §139-23, showing the proposed layout of the building and site improvements. The Planning Board submitted a letter dated November 24, 1997, which expressed concerns and recommended that the Special Permit and Site Plan be denied on the basis of the incompleteness of the plans. The principal concerns of the Planning Board resulted from its inability to determine or confirm from the site plan the square footage of the building, the landscape plan, engineering details of the driveway and sidewalk improvements, the parking requirements of the project and flood elevations. 4. By Special Permit issued in File No. 028-93, the Board granted the Applicant a waiver of up to 16 parking spaces and waived the loading zone otherwise required to allow the alteration and expansion of the structure to include a total ground cover of up to 2,450 square feet with two (2) retail spaces on the first floor and two (2) dwelling spaces on the second floor. The Applicant timely secured a building permit for the work contemplated in File No. 028-93, and timely commenced work thereunder. At the public hearing in File No. 027-96 the Applicant represented that after the commencement of this work, it was discovered that the soil of the site would not support the planned foundation. A modification of the Special Permit was granted to allow the work allowed by the Special Permit granted in File No. 028-93 to be done by demolition and reconstruction of the structure in the same dimensions allowed by the Board in that case. 5. The proposed project involves the construction of a new, larger building with a ground cover of up to 3,991 feet, a 49.90 ground cover ratio. There will be 3,491 square feet of retail space, containing up to two (2) stores and or office space on the first floor. Approximately 100 square feet of the first floor will consist of a stairway to the second floor. The remaining approximately 400 square feet of the ground floor will be devoted to utilities and storage. There will be two (2) apartments on the second floor. The proposed uses require 21 parking spaces under the By-Law; 17 for the retail space, two (2) for up to seven (7) employees at peak shift and one (1) for each of the apartments. 6. The Board finds that because only 19 of the parking spaces are required for commercial uses, and that 20 spaces for commercial uses are required under the By-law to classify it as a Major Commercial Development on the basis of parking, the project is not a Major Commercial Development under the By-law. The Board further finds that the waiving of 20 of the total number of 21 required parking spaces, with provision of one conforming parking space and an additional "stacked" space behind it, would be in harmony with the general purpose and intent of the By-law; that compliance with the parking requirements of the By-law would be physically impossible for the applicant to provide; and that providing parking in excess of that required by this decision would have a significant and adverse effect on the scenic integrity of the neighborhood and be contrary to sound traffic and safety considerations. In addition the Board finds the waiver of the on site loading zone is also in harmony with the general purposes of the By-law in that there are loading zone spaces proximate to the Locus. The Board also found that the 2 concerns of the Planning Board were adequately addressed by the applicant in plans submitted subsequent to the Planning Board's submission of its letter. 7. Therefor, we find that the granting of relief by Special Permit to remove or demolish the existing structure and to construct a new one as proposed by the applicant will not be substantially more detrimental to the neighborhood than the existing or permitted structure and uses, which are nonconforming due to a lack of parking. In fact, the demolition or removal of the existing structure and construction of the proposed new structure will be a benefit to the neighborhood because it will meet the current building code, be handicapped-accessible, and provide a wider sidewalk, allowing pedestrians easier access to the Steamship Authority while keeping .them off the street and thereby helping to alleviate traffic congestion in the area of the Locus. The proposed building will be the same distance from the southern lot line of the Locus. The Board considered requiring that an additional parking space be provided in that area but it was pointed out that the curb cut for such a space would result in the loss of a parking space in the street and therefor no net gain of parking. A car backing out of such a space would also contribute to traffic problems. 8. Accordingly, by a vote of four (Waine, Williams, Hourihan and Madden) members in favor, and one (Sevrens) opposed, the Board GRANTED the SPECIAL PERMIT, as requested, under Nantucket Zoning By-Law X139-18B (parking requirements); under §139-20C (off-street loading zone requirements); and under ~139- 33A (alteration/expansion of a pre-existing non-conforming structure/use) thereby waiving twenty (20) parking spaces and the off-street loading zone, to allow the structure to be demolished or removed and a new structure to be constructed. "The new structure shall have up to two retail spaces and/or office space on the first floor and two dwelling units on the second floor. 9. The relief hereby granted is subject to the following conditions: (a) One (1) of the dwelling units shall be occupied on a year-round basis, by the owner or a tenant, and shall not be rented seasonally or offered for transient residential use. (b) There shall be no more than a total of seven (7) employees on site at peak shift in the retail spaces on the first floor. (c) Two nine-foot by-twenty foot "stacked" parking spaces shall be provided on the north end of the Locus. (d) There shall be no more than two (2) retail and/or office spaces on the first floor. No food service establishments or alcohol beverage service shall be permitted. 3 (e) There shall be a maximum of 3,491 square feet of retail space on the first floor. (f) The building shall be constructed in substantial conformity with the site plan by Nantucket Surveyors, Inc. dated February 16, 1995, as revised through December 11, 1997 presented to, endorsed by and on file with the Board of Appeals under By- law X139-23 in connection with this application. (g) As voluntarily offered by the Applicant and accepted by the Board, no exterior construction shall be conducted during the period of May 15 to the day following Columbus Day in any year. . r Dated. t"~brQary ~, 1998 ~ ~~- ale W. Waive `^C~~ ~o~A_~c~ William P. Houriha ;, Jr. Linda F. 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I i II I~' I i i ~ ~I ~ I i i ~N~ ~~X w ~ N D0~ z~`~ ~z~ r Q f- ~_ `~ ~ J_ ~ u' (t] z~~ Op~ ~0~ Q~w ~~ ~ NQ~ ~~~ ~Q~N m~S~ w I~ ~ Ip Q O~w ~~ d=~~ ~~~ ~~~ UFO r Q .4rOi `~ i i i .OFAq ~ ~o ( '> , TOWN OF NANTUCKET ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN TL~I-~E MATTER OF THE PETITION OF PROPERTY OWNER:.......~:c~.~~?.!.?,...........C.-~.-nC .................................. MAILING ADDRESS:.....~ ...........................................1................................ PROPERTY LOCATION:.._......~~..~.........~.;r~:~?~~..S.'t-;'<?t--.~ ........ ....._ ASSESSORS MAP/PARCEL:.........`f. ~~~.~.~~ - ~ 9......... ........1..x..1 ........ SUBMITTED BY :.............................................._............................................. SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are o~ti~ners of abutting propem~, o~~ners of lane directl~~ opposite on any public or private street or wav; and abutters of the abutters and all other land o~~~ers ~~ithin three hundred feet of the propem~ line of o~~mer's property, all as they appear on tie most recut applicab'.° tai list. (M G.L. c. 40A, Section 1 1 Zoning Code Chapter i 3 ~. ~_ i. D?.TE ASS)/SSOR'S OFFICE TOWN OF N.^.?~'TUCI~~T U6/O1/00 TOWN OF NANTUCKET 09:36:15 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Ma iling Address/City State Zip P roperty Location 4~»~ 0029 TEP.S DALE ANN R PO BOX 157 0019 S WATE P. ST TIMMS NIGEL JOHN NANTUCKET MA 02554 4242 007J bREWSTEK EQUITIES LLC 20 2 BEACON STREET 0010 S BEACH ST EXT C\O ROBERT L CHAMPION JR BOSTON MA 021 16 424? 0027 HREWSTER EQUITIES LLC 202 BEACON STREET 0012 OAK ST C\0 ROBERT L CHAMPION JR BOSTON MA 021 16 424"~ 0067 YOUNG ROGER A & CYNTHIA N PO BOX 1229 0028 EASY ST NANTUCKET MA 02554 4243 0017 JUDSON J RICHARD & CAROLYN PO BOX 368 0029 EASY ST FRENCH TRUSTEES ETNA NH 03750 424 0018 AR1J0 JOSEPH V p0 BOX 1319 0027 EASY ST NANTUCKET MA 02554 42»3 0020 INGALL FLORENCE PO BOX 1222 0021 EASY ST C/O CLIFFORD MRS F NANTUCKET MA 02554 4242 0015 WOODS HOLE MARTHAS VINEYARD & PO BOX 284 0003 STEAMBOAT WF NANTUCKET STEAMSHIP AUTH WOODS HOLE MA 02543 924'_ OO i'7 JUDSON J RICHARD & CARD LYN PO BOX 368 0029 EASY ST FRENCH TRUSTEES ETNA NH 03750 421 00112 DREAMLAND THEATRE INC PO BOX 547 0018 EASY ST NANTUCKET MA 02554 4231 00 11 DREAMLAND THEATRE INC PO SOX 547 J017 S WATER ST NANTUCKET .dA 02554 4'31 0012 WINTH P.OP NANTUCKET 2 REALTY TR po box 359 0015 S WATER ST C/O SHEP.6 UP.NE ASSOCIATES NANTUCKET MA 02554 4331 00'?; HESS WALTER R TR 20 BOX 359 0011 S WATER ST SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 42;1 00:3 KILLEN ANN S TR PO BOX 1166 0014 EASY ST LOHSTEP. PO1' NOMINEE TRUST NANTUCKET MP 0254 4231 0016 *TJni.'TGCKET TOWN OF 0016 BROAD ST 0006 EASY ST NANTUCKET MA 02554 42'1 007° KILLEIJ PAUL ERUCE & p0 HOX 1166 0010 EASY ST LOTHIAN D K TP.S ETAL IANTUCKET MA 02554 421 0131 F. M R E CO P.P PO BOX 726 0007 S WATER ST NANTUCKET MA 02554 v_~_ 0130 WEST JOHN n HENEY I:ATH LEEK 0024 CENTRE ST 0001 CAMH P.I DGE S_ PANTUCKET M~_ 03554 .- - 1107» ..~ ., .__ t.EUM LIi+-.___ C LO?: 805 CCOl I..U TF~ _ _ .. '. .T is Cr___. .... __~~, ._.. __ Yi l ~:" -.,. .. .: }.ET I ....,._ ,.. ~ ~,... -35 JOGS _~ ,.. ... _- .. ~_.- _ _. ~.._.. .. _. . . ,_ ti_ I.. _.~ __. .. _ __, ' _ CO r _ ~.; 4:r.T Er: ASSUC EE='.3`i .-_.._ nELLESLEY" M=_ 02481 ._-_ 013 PACieFC CLUB INC FO BO}: 1227 0015 MA IIJ ST ?:ANTUCF;ET_ Mb 03554 .___ OI~;Y ..__z. t4-. L'=r. -. .. ~.. ?(`~ bO}: 359 0001 MP_I11 .,_ <'t;E ~... .. -..._ ...,SO^i.. .. __. .. _' _._. ....,.TUCI:E'I ,... .. _.55» ,.._ . o14r; SHEr.ciJhl:~ ~.~SOCI,=__ES r„ ~~__ ~s> oGls c :~~.~; _. is r.N'I'UCKET Mr. 02554 pr.GE 1 M'J?.5750 9.::~ 06/01/00 TOWN OF NANTUCKET PAGE .. 09:36:15 OWNER'S MAILING ADDRESS LIST MUA5750 9.3 Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 4231 0087 MCCREADY P.I CHARD J ETAL TRS PO BOX 359 0002 NEW WHALE ST WINTHROP NANTUCKET NOM TRST NANTUCKET MA 02554 4231 0096 NANTUCKET ISLAND PRODUCTS CO Z PO BOX 653 0020 ST PA IGHT WF ' NANTUCKET MA 02554 4231 0139 HESS WALTER R TR PO EOX 359 0016 STRAIGHT WF SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4231 0139 RNAIJTUCKET HISTORICAL ASSN PO 8OX 1016 0012 STRAIGHT WF NANTUCKET MA 02554 4231 0137 *NANTUCKET HISTORICAL ASSN FO BOX 1016 0010 STRAIGHT WF NANTUCKET MA 02554 4231 01361 TRAINOR GARY E & KELLI A 6B STRAIGHT WHARF 006E STRAIGHT WF NANTUCKET MP_ 02554 4231 01362 TFAINOR GARY E & KELLI A 6B STRAIGHT WHARF 006C STRAIGHT WF NANTUCKET Mr. 02554 4231 01362 TRA INOR GARY E & KELLI A 6B STRAIGHT WHARF 006C STRAIGHT WF NANTUCKET MA 02554 4231 01363 RUEIN MA P.C IA P PO BOX 959 006A STRAIGHT WF NANTUCKET My 02554 4231 0135 HESS WALTEP. R TR a0 EOX 359 J002 STRAIGHT WF SHERBURNE ASSOCIATES R T NANTUCKET Ms 02554 9231 0224 SHERBURNE ASSOCIATES PO BOX 359 - 0000 STRAIGHT WF NANTUCKET N,A 02554 4231 OC79 GIFFORD JOHN F TR 86 CO LBOUP.NE CT 0004 EASY ST FAWN GROVE REALTY TRUST EP.OOKLIfIE Mr_ 02445 421 OLEO KZ LLEN SIDNEY H FO BUX 1166 0001 OLD NORTH WF NANTUCKET t9A 02554 4231 0091 GiFFJ~D JOHN F TR H AF.BOR SQUA P.E 0004 STILL DOCK C/O PP,OVISIONS NANTUCKET MA 02554 4231 :O9 OF.OU F.KE MARILYN J 010 1 LINGO LtJ RD 0007 OLD tJO RTH WF LINGO LfJ P7A 01773 9231 002A PU NIiETT ALEXANDRA L 11 OLD NORTH WHARF 0011 OLD NORTH WF NANTUCKET P]A 02554 4231 008 ] SHERMAN HELEN WILSON 000 4 WESTMINISTER ST - ~ 204 0010 STILL DOCK NANTUCKET Mr. 02554 431 0026 MALON E'i ROSA LIE T FKA GRENNP.N PO BOY 1292 0015 OLD NORTH WF 4. i.. i .__ L!;:;I ~ '01:'! E E1 ~'~L TRUSTEfs '~ _ _ ~1 _.' J~ ' _.. _ _ _ _ ~ OOS i OLD 7:0 °TY. WF ._... ._ __- .. .,_6'.11P7 L ~ z__ _ _ G!..~_ _ ._ .,___ 0031 OLD I'O: T~ v,_ 4:. _, :_~ __,! '; ~ P_fJE Tvil ~. ^'L.8 ~;; ~_ --_ G-,~ STI ~~~-'~ .. _..TU:...__ ..-. i.~5`_~ 42-! GON43 SAh;PEP, HECTOR & NANCY LEATHEP. =3 B S WOUD V2LLE~' -.~r_D 014D STILL DO C7: MOIINTF. I'd=.=~? CJJ 076;2 425'. 0'~`-;S 4v -Pi.2 EICRr_ED B & F,MILY S C.3 5 OAi: P.I DEv L.-~ 014E STILL DO C}: __.,.u_ ...' _-901 •_- _-_ ~. •,., _. .. _~~.... .~ a hEF.6 i;c_ .. -~ _c_ ~ .~~-1 __-_-._ C~_- ~'i. w, 2GCE .. 06/01/00 TOWN OF NAITUCKET PAGE ., 08:36:15 OWNER'S MAILING ADDRESS LZST MUAS750 9.3 Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip P roperty Location 4231 0020 DUNFEY JOHN P TR 230 COMMERCE WAY SUITE 300 0008 OLD NORTH WF JOHN P DUNFEY REALTY TR PORTSMOUTH NH 03801 4231 0023 PENNY GEO P.GE W ZII 3205 39 ST NW 0010 OLD NORTH WF WASH IIJG TON DC 20016 4231 0251 OLD NORTH WHARF COOPERATIVE IN C,'O PO BOX 269 0012 OLD NORTH WF NANTUCKET MA 02554 4231 0252 OLD NORTH WHARF COOPERATIVE IN 3 MILL ST 0014 OLD NORTH WF C/O SANFORD COTTAGE TRUST NANTUCKET MA 02554 4231 0253 OLD NORTH WHARF COOPERATIVE IN ~ MILL STREET 0016 OLD NO P.TH WF C/O SANFORD EDWARD ETAL TBS NANTUCKET MA 02554 4331 0254 OLD NORTH WHARF COOPERATIVE IN G066 FLAX RD 0019 OLD NORTH WF C/O FOWLKES GEO P.GE A JP, TR FAIRFIELD CT 06430 4231 0255 OLD NORTH WHARF COOPERATIVE IN PO BO}: 909 002C OLD NORTH WF C/O WHARF RAT CLUB INC NANTUCKET MA 02554 4231 0256 OLD NORTH WHARF COOPERATIVE IN 555 ALB ION AVE 0022 OLD NORTH WF C/O DOUGLASS DAVID & SUSAN WOODSIDE CA 94062 4231 0225 OLD NORTH WHARF COOPERATIVE FO BOX 187 0023 OLD NORTH WF C/O SANFORD ALFRED F ETAL TRS NANTUCKET MA 02554 4229 0001 HESS WALTER R TR FO BOX 359 0000 STRAIGHT WF SHERBUP,iJE ASSOCIATES R T NANTUCKET MP_ 02554 4224 0001 HESS WALTER R TR FO BOX 359 0000 STRAIGHT WF SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4242 0028 TEASDALE ANN R FC BOX 157 0019 S WATER ST TIMMS NIGEL JOHN NANTUCKET MA 02554 423! 0017 HURD PETER K 5 ANNETTE M 0251 MAIN ST 0007 EASY ST T~~ IJUMBEF. OF RECO ~~ RCS = ~~, 1~ ~,/~v' ~,~ ~ 65 ' ~ ~ ~ ~~ ` HUNTINGTON Ni/~11743 _~ --~ t`~ ~~~f ~ ~ C Cl y~ 5 ` ~ ~ e ~S~ ~i ~~~~ o h- • TO: Zoning Board of Appeals Conservation Commission Planning Board gp~RAZE~ f ' FROM: Town Administrator DATE: November 27, 2000 PC: Board of Selectmen Town Counsel Assistant Town Administrator Town Clerk RE: Arno/Constructive Grant Please see the enclosed e-mail from Town Counsel and advise me as soon as possible if you have any intention of pursuing the reversal of the constructive grant. Thank you. _~ o . ~ ~~~i~~ I~R~tTC~CK[~"I-, Mn G255d t ~©V 2 8 700Q 4(^"a i~1c~, ~ ~LEF~K: ~~ from the desk of Libby Gibson Town Administrator 16 Broad Street Nantucket, MA 02554 508-228-7255 townadm@nantucket.net o,~pNTUCMF . -" ~ ~ 3? N - N • -_~~ ~_ A, / ~~~~- /, ,~~ - yc~ ~ ,~b Page 1 of 1 Gibson, Libby _ __ From: PDeRensis@aol.com Sent: Monday, November 27, 2000 11:49 AM To: Townadm@nantucket.net Subject: Fwd: Nantucket-Arno constructive grant claim Re the ARno constructive grant of relief: the time for the town, or any board or commission to step in to reverse the constructive grant is fast expiring. I am writing to request that ou make sure no town board who mi ht challen this (ZBA, PB. ConCom, and B mten s to o so otherwise their right to do so will be GONE. ^' The information contained in this electronic mail document is attorney-client privileged material. If you believe you have received it in error, we would be grateful if you called us at (617) 951-2300. In any case, you are hereby advised that any use, dissemination, distribution or reproduction of this communication is strictly prohibited. S 11 /27/00 Melissa D. Philbrick Emily Avery PHILBRICK AND /AVERY LLP Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Tel: (508) 228-5151 Fax: (508) 228-5155 R. Penelope Scheerer December 1, 2000 TO: NANTUCKET TOWN CLERK FROM: MELISSA D. PHILBRICK, attorney for J. Richard Judson and Carolyn F. Judson, Trustees of 1946 House Realty Trust, Ann Killen, Trustee of Lobster Pot Nominee Trust and Florence E. Clifford DATE: DECEMBER 1, 2000 NOTICE OF APPEAL On behalf of my clients, J. Richard Judson and Carolyn F. Judson, Trustees of 1946 House Realty Trust, Ann Killen, Trustee of Lobster Pot Nominee Trust, and Florence E. Clifford, I hereby notify you that we are appealing to the Superior Court of the District and County of Nantucket, Massachusetts the constructive grant filed with you by Kenneth A. Gullicksen, attorney for Joseph V. Arno, having a residential address of 27 Easy Street, Nantucket, MA 02554, wherein Joseph V. Arno claims that because Nantucket Zoning Board of Appeals failed to take action by filing a written decision reflecting its August 11, 2000 vote not to grant Joseph V. Arno a Special Permit, the Special Permit is deemed constructively granted. My clients herein appeal that constructive grant under M.G.L. Chapter 40A, Section 17. Please find attached a copy of the complaint as filed this day. i_ ---~.,_.. - ~~~ _ erely,. DEC 01 ::~'~~ ~'•`~'~~ - -'3-Ny ~,u---- Melissa D: Philbrick ~~~ }~~~ COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. J. Richard Judson and Carolyn F. Judson, Trustees of 1946 House Realty Trust, Ann Killen, Trustee of Lobster Pot Nominee Trust, and Florence E. Clifford Plaintiffs v. William P. Hourihan, Jr., D. Neil Parent, Nancy J. Sevrens, Dale Waine, Edward Toole, Michael O'Mara, Edward J. Sanford and Edward Murphy as they are members of the Nantucket Zoning Board of Appeals and Superior Court C.A. No. 00- 42 Complaint Appealing Constructive Grant of Special Permit by Zoning Board of Appeals p-fTEST DES' - 1 2000 NANTUCKET SU~EE+~;~'~ Li>.;;?T CL<<?~~` Joseph V. Arno Defendants 1. J. Richard Judson and Carolyn F. Judson are individuals residing at 4 Wood's End Road, Etna, NH 03750 with a summer residence at 29 Easy Street, Nantucket, MA 02554. They are the Trustees of the 1946 House Realty Trust which owns 29 Easy Street, Nantucket, MA 02554. Ann Killen has a residential address of 10 Easy Street, Nantucket, MA 02554 and is the Trustee for the Lobster Pot Nominee Trust which owns 14 Easy Street, Nantucket, MA 02554. Florence E. Clifford has a residential address of 21 Easy Street, Nantucket, MA 02554. The above-named are hereinafter referred to as "Plaintiffs." 2. Defendants William P. Hourihan, Jr., D. Neil Parent, Nancy J. Sevrens, Dale Waine, Edward Toole, Michael O'Mara, Edward J. Sanford and Edward Murphy are duly-appointed members of the Nantucket Zoning Board of Appeals (hereinafter the "ZBA"), having its office at 37 Washington Street, Nantucket, Nantucket County, Massachusetts. 3. The residential addresses of the ZBA Commissioners in Nantucket, Nantucket County, Massachusetts are as follows: William P. Hourihan, Jr. D. Neil Parent Nancy J. Sevrens Michael J. O'Mara Edward Toole Edward Murphy Edward J. Sanford Dale Waine 26 Hawthorne Lane 31 Old South Road 24 Vesper Lane 240 Polpis Road 28 Burnell Street, Siasconset 163 Orange Street 3 Mill Street 11 Bishops Rise 4. Defendant Joseph V. Arno has a residential address located at 27 Easy Street, Nantucket, MA 02554. 5. Defendant Arno owns the subject parcel of 27 Easy Street, Nantucket, which is shown on the Nantucket Assessors Map 42.4.2 as Parcels 18 aztd 19. Said land is shown as Lot G on Land Court Plan No. 8594-C and Lot 1 on Land Court Plan No. 8594-D at the Nantucket Registry District for the Land Court. 6. On July 14, 2000 and August 11, 2000, the ZBA held public hearings on Defendant Arno's application for a Special Permit to enlarge the building at 27 Easy Street. Defendant Arno's application (ZBA File No. 055-00) is attached hereto as Exhibit A (the "Application"). At the hearing, Plaintiffs objected to the ZBA's jurisdiction to hear the Application, arguing that the Nantucket Planning Board is the sole Special Permit Granting Authority under the Nantucket Zoning By-law because the proposed project is a Major Commercial Development under Section 139-11 of that By-law. In addition, Plaintiffs expressed their opposition to the proposed project based on the intensity of the expansion proposed and argued that the waiver of the parking and loading spaces required by Sections 139-18 and 139-20 of the Nantucket Zoning By-law would adversely impact the traffic in the area and that the size and intensity of the proposed project would have a detrimental impact on the neighborhood. The ZBA denied the requested relief by a vote of one in favor and four against granting the Special Permit. 7. On November 14, 2000, Defendant Arno filed a notice of constructive grant with the Town Clerk of Nantucket stating that the ZBA had failed to file a written decision, as required, within 90 days of the conclusion of the hearing. Defendant Arno's notice of constructive grant is attached hereto as Exhibit B. 8. Plaintiffs are aggrieved by the constructive grant of the Special Permit sought by Defendant Arno because: a. the constructive grant would be inconsistent with the Nantucket Zoning By-law because the Application was improperly before the ZBA instead of the Nantucket Planning Board and therefore would rest on a legally untenable ground; b. the constructive grant would be inconsistent with the Nantucket Zoning By-law because, as found by the ZBA at the public hearing, the requested waivers from parking and loading space requirements are not consistent with the Zoning By-law and therefore would rest on a legally untenable ground; c. the ZBA's failure to act in a timely manner would result in the granting to Defendant Arno of a Special Permit which the ZBA had voted against issuing to him; d. the ZBA's failure to act in a timely manner, a procedural requirement, would result in a substantive harm by permitting the construction of a large addition with increased residential and commercial uses and insufficient parking and loading spaces in violation of Sections 139-18 and 139-20 of the Nantucket Zoning By-law; e. the result of the issuance of the Special Permit would be permanent and irrevocable damage to the Plaintiffs' properties caused by the construction and use of the building addition described in the Application which exceeds the intensity of use permitted under the Zoning By-law; and f. it is unjust and unfair to inflict the damages described in Paragraph S(e), above, upon Plaintiffs who have properly and in good faith followed the procedures of the ZBA and who have the right to expect that the August 11, 2000 vote of the ZBA will be enacted and enforced. 9. The constructive grant exceeds the authority of the ZBA based on the allegations set forth above. 10. The Plaintiffs bring this action pursuant to M.G.L. Chapter 40A, Sections 9 and 17. WHEREFORE, Plantiffs request that this Honorable Court enter judgment in their favor, as follows: (a) Annul the constructive grant attached as Exhibit B. (b) Remand the Application to the ZBA for the issuance of a written decision of its August 11, 2000 vote denying Defendant Arno's Application for a Special Permit, or in the alternative, find that the Application constitutes a "Major Commercial Development" under the Nantucket Zoning By-law and remand the application to the Nantucket Planning Board for consideration. (c) Enjoin the Building Commissioner from issuing a permit for the construction of the addition requested in the Application. (d) Issue such further relief as this Honorable Court shall deem appropriate. (e) Award Plaintiffs their costs of this action, including their attorney's fees, and such other and further relief as this Court shall deem appropriate under the circumstances. Dated: December 1, 2000 J. Richard Judson and Cynthia F. Judson, Trustees of the 1946 House Nominee Trust, Ann Killen, Trustee of the Lobster Pot Nominee Trust, and Florence E. Clifford By Their Attorney: Melissa D. Philb ick Philbrick and Avery LLP Zero Main Street P.O. Box 148 Nantucket, MA 02554 (508) 228-5151 BBO # 544169 EXHIBIT A i BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 ~~ CASE No. OS ~ - APPLICATION FOR RELIEF Owner's name(s): Joseph V. Arno Mailing address: c/o Reade Gullicksen, Hanley & Gifford, LLP, Six Young's Way P. O. Sox 2669. Nantucket, MA 02584 Applicant's name: Same as above Mailing address: Same as above Location of lot: Assessor's map and parcel number 42.4.2-18 Street address: 27 Easy Street Registry Land Ct Plan, ^' °' ^~ "' ~~ ° 8594-C Lot G: 8594-D, Lotl Date lot acquired : 5/1/79 Cert. of Title 8693 Zoning district RC Uses on lot - commercial: ~ien~-ems one retail store P4ES' _ ~tmeet l d re-etas ~eems s - number of : eaE_ ~pa t~g dwellings 1 _ _ Building date(s): all pre-8/72? Yes or C of 0? X Building Permit Case Nos. all BoA appl'n Nos. 12017-95 applications, lawsuits: 012-85 , 28-89, 28-93~ ~' Z~- p [~/ G ~ ~ ~ 7~ / , /~j ~ ~( ~ ~ (-~J State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139-32A _ if Variance, 139-30A X if a Special Permit (and 139-33A _ if to alter or extend a nonconforming use). If appeal per 139-31A & B _, attach decision or orders appealed. OK to attach addendum' See Addendum. Items enclosed as part of this Application: orderl_ addendum' X Locus map x Site plan x showing present x + planned _ structures Floor plans present _ proposed x elevations x(HDC approved? Yes) Listing lot area _ frontage _ setbacks _ GCR _ parking data Assessor-certified addressee list 4 sets X mailing labels 2 sets X $200 fee payable to Town of Nantucket X proof' _'cap' covenant _ 1(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: ~~~.......~•N~~~.. Agglteant Attorney,4~ei-~E X 3(If not owner or owner's attorney, enclose proof of authority) W ~ U~ LL N 0 O O W ~ ~ Y ~ W ~ !- Uww ~UU Z ~ ~Z C Q -- Z FOR Bo OFFICE USE b ~ Application copies reed: 4_ or ~ Ao~. on ~L/ _ ~% / One copy filed with Town Clerk on ~/ `~'y1)- by complete? /\ One copy each to Planning Bd and Building Dept / by } $200 fee check given oy! Treasurer on ~/ ~` ~ by aived?~- Hearing notice posted ~ /~ mailed ~~~~' I & M ~f ~/(S1f~i Hearing(s) on _/_/_ cont'd to _/_/_, _/_/_ withdrawn? _/_/_ Decision due by _/_/_ made _/_/_ filed TC _/_/_ mailed _/_/_ See related cases lawsuits other f:\wp\arno\27easyst\boaappl.doc 0 0 0 N C~ ..7 o ~~ = 9 7 ~ Y .Li cr w J CJ ATTEST: A TRUE COPY _ ~ ~~ NANTUCKET TOWN CLERK Addendum to Application of Joseph V. Arno In Board of Appeals File No. 075-97, applicant was granted ..a Special Permit to construct a new building, with a ground cover of up to 3,991 square feet containing up to two retail spaces and/or office space totaling up to 3,491 square feet on the first floor. The remainder of the first floor will be storage, utility areas and stairway access to the second floor, which will contain two dwelling units. The proposed building complied with all ground cover and setback requirements of the By-haw. Because of delays in obtaining state and other local permits applicant was not able to commence construction of the building and the Special Permit has now lapsed. Applicant now seeks the same relief. The proposed building is substantially the same as that proposed in File No 075-97 with the same ground cover, floor area and uses. Applicant requests Special Permit relief from parking requirements under By-law Section 139-18B, off street loading requirements under By-law Section 139-20C and under By-law Section 139-33A and a site plan review under By-law Section 139- 23. A total of 21 parking spaces are required for the planned use of which 19 relate to commercial uses and 2 to residential uses. The applicant will maintain the one existing space and requests a waiver as to a total of 20 spaces. Waiver of all parking and loading requirements are permitted, the subject property being situated in the Core and Resident Parking Permit District. f:\~'p\arno\27easyst\boaappl2.ad~ 1 T' ~~ ~ 'NS• `MH,•,T • s.• • ~~• --~ -- ~a i ~ _ / ~i~~ ~ ~ W % ~ . '/ ~ \, ./ 1 -- ~- - 1 1 \.~ ~ ~ M~Mtu`K ~t 11 ~M O~ t N~ t0 OJ \MN'•`t'dt• `O` tNt ~• X •M~wt ~ ' 'rls~ 7 ' ~( i,• O ~~ h eta£Et ~ ,. ~``s \~ - - ~ ~ ie ~ ~ s+ ~'~~ ,, • ':r -~ ~! W _ W y ~_ •1 ~C 1J 1• ~ 17 O 6' ~ Y 1 v ~, h r 'a AY s~ (~~\~ ~ t s > 1S Y~~ ~~~"~~~ a ~(~ ~ Y • t y V, ,1 { •1 " /~ `~ P • ]~ z~ to / , o ~, ~~ `Di yl 1• ~ ~ \1\YL to . ~~t t .; i* 21 StP W 21 ~\ °~ ~' . ~_ L~ ;~ H L TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February ~ 19 98 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner/Applicant: 075-9~' JOSEPH V. ARNO Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20 ) days . - ~-~ ale W. Waine ~ Chairman cc: Town Clerk - -.-- -Planning Board --- ~ ~ ~ ~----- Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES~HAVE A TIME LIMT.T AND WILL EXPIRE IF NOT ACTED~UPON ACCORDING~TO NANTUCKET ZONING•BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.• a r NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 42.2.4, Parcel 18 Lot G, L.C. Plan 8594-C; 27 Easy Street Lot 1, L.C. Plan 8594-D Residential-Commercial Certificate of Title. No. 8693 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, January 9, 1998, at 1:00 P.M., in the Meeting Room, in the Annex to the Town and County Building, 37 Washington Street, Nantucket, Massachusetts, following notice and a public hearing in the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on December 5, 1997, which hearing was continued to December 16, 1997 in the Meeting Room, in the Annex to the Town and County Building, 37 Washington Street, Nantucket, Massachusetts, and then, due to the lack of a quorum, continued to Friday, January 9, 1998, at 1:00 P.M., in the Meeting Room, in the Annex to the Town and County Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of JOSEPH v. ARNO, c/o Reade & Alger Professional Corporation, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 075-97: 2. The applicant seeks a SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B (parking- requirements); under §139-20C (off-street loading zone requirements); and under §139-33A (alteration/expansion of a pre-existing non-conforming structure/use) and a site plan review under §139-23. The applicant proposes to demolish the existing structure and to construct a new building with a ground cover of up 'to 3,975 square feet containing up to two (2) retail spaces and/or office space totaling up to 3,675 square feet on the first floor and two (2) dwelling units on the second floor. The proposed building and uses require twenty-one (21) parking spaces, nineteen (19) for commercial uses and two (2) for the residential uses. One (1) parking space will be provided on site. The subject property (the "Locus") is located at 27 EASY STREET, Assessor's Map 42.4.2, Parcels 18 and 19, consisting of the land shown on Land Court Plan 8594-C as Lot G, and the land shown on Land Court Plan 8594-D as Lot 1. The Locus is zoned RESIDENTIAL-COMMERCIAL. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearings, including a finalized, detailed site plan by Nantucket Surveyors, lnc. dated February 16, 1yJ'/ as revised through December 11, 1997, submitted by the applicant, as required by Zoning By-law §139-23, showing the proposed layout of the building and site improvements. The Planning Board submitted a letter dated November 24, 1997, which expressed concerns and recommended that the Special Permit and Site Plan be denied on the basis of the incompleteness of the plans. The principal concerns of the Planning Board resulted from its inability to determine or confirm from the site plan the square footage of the building, the landscape plan, engineering details of the driveway and sidewalk improvements, the parking requirements of the project and flood elevations. 4. By Special Permit issued in File No. 028-93, the Board granted the Applicant a waiver of up to 16 parking spaces and waived the loading zone otherwise required to allow the alteration and expansion of the structure to include a total ground cover of up to 2,450 square feet with two (2) retail spaces on the first floor and two (2) dwelling spaces on the second floor. The Applicant timely secured a building permit for the work contemplated in File No. 028-93, and timely commenced work thereunder. At the public hearing in File No. 027-96 the Applicant represented that after the commencement of this work, it was discovered that the soil of the site would not support the planned foundation. A modification of the Special Permit was granted to allow the work allowed by the Special Permit granted in File No. 028-93 to be done by demolition and reconstruction of the structure in the same dimensions allowed by the Board in that case. 5. The proposed project involves the construction of a new, larger building with a ground cover of up to 3,991 feet, a 49.9% ground cover ratio. There will be 3,491 square feet of retail space, containing up to two (2) stores and or office space on the first floor. Approximately 100 square feet of the first floor will consist of a stairway to the second floor. The remaining approximately 400 square .feet of the ground floor will be devoted to utilities and storage. There will be two (2) apartments on the second floor. The proposed uses require 21 parking spaces under the By-Law; 17 for the retail space, two (2) for up to seven (7) employees at peak shift and one (1) for each of the apartments. 6. The Board finds that because only 19 of the parking spaces are required for commercial uses, and that 20 spaces for commercial uses are required under the By-law to classify it as a Major Commercial Development on the basis of parking, the project is not a Major Commercial Development under the By-law. The Board further finds that the waiving of 20 of the total number of 21 required parking spaces, with provision of one conforming parking space and an additional "stacked" space behind it, would be in harmony with the general purpose and intent of the By-law; that compliance with the parking requirements of the By-law would be physically impossible for the applicant to provide; and that providing parking in excess of that required by this decision would have a significant and adverse effecton the scenic integrity of the neighborhood and be contrary to sound traffic and safety considerations. In addition the Board finds the waiver of the on site loading zone is also in harmony with the general ,purposes of the By-law in that there are loading zone spaces proximate to the Locus. The Board also found that the 2 concerns of the Planning Board were adequately addressed by the applicant in plans submitted subsequent to the Planning Board's submission of its letter. 7. Therefor, we find that the granting of relief by Special Permit to remove or demolish the existing structure and to construct a new one as proposed by the applicant will not be substantially more detrimental to the neighborhood than the existing or permitted structure and uses, which are nonconforming due to a lack of parking. In fact, the demolition or removal of the existing structure and construction of the proposed new structure will be a benefit to the neighborhood ,because it will meet the current building code, be handicapped-accessible, and provide a wider sidewalk, allowing pedestrians easier access to the Steamship Authority while keeping them off the street and thereby helping to alleviate traffic congestion in the area of the Locus. The proposed building will be the same distance from the southern lot line of the Locus. The Board considered requiring that an additional parking space be provided in that area but it was pointed out that the curb cut for such a space would result in the loss of a parking space in the street and therefor no net gain of parking. A car backing out- of such a space would also contribute to traffic problems. 8. Accordingly, by a vote of four (Waine, Williams, Hourihan and Madden) members in favor, and one (Sevrens) opposed, the Board GRANTED the SPECIAL PERMIT, as requested, under Nantucket Zoning By-Law §139-18B (parking requirements); under §139-20C (off-street loading zone requirements); and under §139- 33A (alteration/expansion of a pre-existing non-conforming structure/use) thereby waiving twenty (20) parking spaces and the off-street loading zone, to allow the structure to be demolished or removed and a new structure to be constructed. 'The new structure shall have up to two retail spaces and/or office space on the first floor and two dwelling units on the second floor. 9. The relief hereby granted is subject to the following conditions: (a) One (1) of the dwelling units shall be occupied on a year-round basis, by the owner or a tenant, and shall not be rented seasonally or offered for transient residential use. (b) There shall be no more than a total of seven (7) employees on site at peak shift in the retail spaces on the first floor . (c) Two nine-fool- by-L-wenl:y fool: "s.Ld~lte~l" ~,di):iiig spaces shall be provided on the north end of the Uocus. (d) There shall be no more than two (2) retail and/or office spaces on the first floor. No food service establishments . or alcohol beverage service shall be permitted. (e) There shall be a maximum of 3,491 square feet of retail space on the first floor. (f) The building shall be constructed in substantial conformity with the site plan by Nantucket Surveyors, Inc. dated February 16, 1995, as revised through December 11, 1997 presented to, endorsed by and on file with the Board of Appeals under By- law §139-23 in connection with this application. (g) As voluntarily offered by the Applicant and accepted by the Board, no exterior construction shall be conducted during the period of May 15 to the day following Columbus Day in any year. 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ABC ~-._..._.__..____..~----'-- I . ~ i~ TOWN OF NANTUCKET ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEnREST Its' jT~HE MATTER OF 7HE PETITION OF PPOPERTY OWNER:.......`~C%~.C'_~?.!.~•...........~,-.,~C ................................... ivIAILING ADDRESS:. ...~ ....................................... ..... 1 PROPERTY LOCATION:...........~~.~......~~.C~~~~ ASSESSORS MAP/PARCEL:........`f..~~...~.~.~......1.. ~...i....~.9 ................... SUB~~SITTED B .............................. ........................................................... SEE ATTACHED PAGES 1 cenifj• t}lat the foregoing is a list of persons ~vho are o~~~ners of abutting propem~, o~~•ners of !and directl~• opposite on any public or private street or ~~•av; and abutters of the abutters and all other !and o~~~ers ~~~ithin three hundred feet of the propert}' line of o~~~ner's property, all as they appear on tcc most recent applicab'e tai list. (M.G.L. c. 40A, Section 1 1 Zoning Code Cha?ter ! 39. D.-.T F ~t :. i. ASSESSOR'S OFFICE TOWN OF NANTUCKET Melissa D. Philbrick Emily Avery PHILBRICK AND AVERY LLP Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Tel: (508) 228-5151 Fax: (508) 228-5155 R. Penelope Scheerer December 1, 2000 TO: NANTUCKET TOWN CLERK FROM: MELISSA D. PHILBRICK, attorney for J. Richard Judson and Carolyn F. Judson, Trustees of 1946 House Realty Trust, Ann Killen, Trustee of Lobster Pot Nominee Trust and Florence E. Clifford DATE: DECEMBER 1, 2000 NOTICE OF APPEAL On behalf of my clients, J. Richard Judson and Carolyn F. Judson, Trustees of 1946 House Realty Trust, Ann Killen, Trustee of Lobster Pot Nominee Trust, and Florence E. Clifford, I hereby notify you that we are appealing to the Superior Court of the District and County of Nantucket, Massachusetts the constructive grant filed with you by Kenneth A. Gullicksen, attorney for Joseph V. Arno, having a residential address of 27 Easy Street, Nantucket, MA 02554, wherein Joseph V. Arno claims that because Nantucket Zoning Board of Appeals failed to take action by filing a written decision reflecting its August 11, 2000 vote not to grant Joseph V. Arno a Special Permit, the Special Permit is deemed constructively granted. My clients herein appeal that constructive grant under M.G.L. Chapter 40A, Section 17. Please find attached a copy of the complaint as filed this day. €_,.r:~:.., ~~ erely, ;- ~_~ ~~ ~ ~ ~y+`~ ~rt/ ~1 L1~ . 1l:~~:__.._ _3:~!-1_~_r±A _ Melissa D: Philbrick ass ~- CLE;~ :~1,-- e ~ t COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. J. Richard Judson and Carolyn F. Judson, Trustees of 1946 House Realty Trust, Ann Killen, Trustee of Lobster Pot Nominee Trust, and Florence E. Clifford Plaintiffs v. William P. Hourihan, Jr., D. Neil Parent, Nancy J. Sevrens, Dale Waine, Edward Toole, Michael O'Mara, Edward J. Sanford and Edward Murphy as they are members of the Nantucket Zoning Board of Appeals and Joseph V. Arno Defendants Superior Court C.A. No. 00- y2 Complaint Appealing Constructive Grant of Special Permit by Zoning Board of Appeals A-REST DEC - 1 2000 NANTUCKET SUP~'r9.'s~,-~~ cc'~.; r ~~`~ ~'~~ 1. J. Richard Judson and Carolyn F. Judson are individuals residing at 4 Wood's End Road, Etna, NH 03750 with a summer residence at 29 Easy Street, Nantucket, MA 02554. They are the Trustees of the 1946 House Realty Trust which owns 29 Easy Street, Nantucket, MA 02554. Ann Killen has a residential address of 10 Easy Street, Nantucket, MA 02554 and is the Trustee for the Lobster Pot Nominee Trust which owns 14 Easy Street, Nantucket, MA 02554. Florence E. Clifford has a residential address of 21 Easy Street, Nantucket, MA 02554. The above-named are hereinafter referred to as "Plaintiffs." 2. Defendants William P. Hourihan, Jr., D. Neil Parent, Nancy J. Sevrens, Dale Waine, Edward Toole, Michael O'Mara, Edward J. Sanford and Edward Murphy are duly-appointed members of the Nantucket Zoning Board of Appeals (hereinafter the "ZBA"), having its office at 37 Washington Street, Nantucket, Nantucket County, Massachusetts. 3. The residential addresses of the ZBA Commissioners in Nantucket, Nantucket County, Massachusetts are as follows: William P. Hourihan, Jr D. Neil Parent Nancy J. Sevrens Michael J. O'Mara Edward Toole Edward Murphy Edward J. Sanford Dale Waine 26 Hawthorne Lane 31 Old South Road 24 Vesper Lane 240 Polpis Road 28 Burnell Street, Siasconset 163 Orange Street 3 Mill Street 11 Bishops Rise 4. Defendant Joseph V. Arno has a residential address located at 27 Easy Street, Nantucket, MA 02554. 5. Defendant Arno owns the subject parcel of 27 Easy Street, Nantucket, which is shown on the Nantucket Assessors Map 42.4.2 as Parcels 18 aztd 19. Said land is shown as Lot G on Land Court Plan No. 8594-C and Lot 1 on Land Court Plan No. 8594-D at the Nantucket Registry District for the Land Court. 6. On July 14, 2000 and August 11, 2000, the ZBA held public hearings on Defendant Arno's application for a Special Permit to enlarge the building at 27 Easy Street. Defendant Arno's application (ZBA File No. 055-00) is attached hereto as Exhibit A (the "Application'). At the hearing, Plaintiffs objected to the ZBA's jurisdiction to hear the Application, arguing that the Nantucket Planning Board is the sole Special Permit Granting Authority under the Nantucket Zoning By-law because the proposed project is a Major Commercial Development under Section 139-11 of that By-law. In addition, Plaintiffs expressed their opposition to the proposed project based on the intensity of the expansion proposed and argued that the waiver of the parking and loading spaces required by Sections 139-18 and 139-20 of the Nantucket Zoning By-law would adversely impact the traffic in the area and that the size and intensity of the proposed project would have a detrimental impact on the neighborhood. The ZBA denied the requested relief by a vote of one in favor and four against granting the Special Permit. 7. On November 14, 2000, Defendant Arno filed a notice of constructive grant with the Town Clerk of Nantucket stating that the ZBA had failed to file a written decision, as required, within 90 days of the conclusion of the hearing. Defendant Arno's notice of constructive grant is attached hereto as Exhibit B. 8. Plaintiffs are aggrieved by the constructive grant of the Special Permit sought by Defendant Arno because: a. the constructive grant would be inconsistent with the Nantucket Zoning By-law because the Application was improperly before the ZBA instead of the Nantucket Planning Board and therefore would rest on a legally untenable ground; b. the constructive grant would be inconsistent with the Nantucket Zoning By-law because, as found by the ZBA at the public hearing, the requested waivers from parking and loading space requirements are not consistent with the Zoning By-law and therefore would rest on a legally untenable ground; c. the ZBA's failure to act in a timely manner would result in the granting to Defendant Arno of a Special Permit which the ZBA had voted against issuing to him; d. the ZBA's failure to act in a timely manner, a procedural requirement, would result in a substantive harm by permitting the construction of a large addition with increased residential and commercial uses and insufficient parking and loading spaces in violation of Sections 139-18 and 139-20 of the Nantucket Zoning By-law; e. the result of the issuance of the Special Permit would be permanent and irrevocable damage to the Plaintiffs' properties caused by the construction and use of the building addition described in the Application which exceeds the intensity of use permitted under the Zoning By-law; and f. it is unjust and unfair to inflict the damages described in Paragraph 8(e), above, upon Plaintiffs who have properly and in good faith followed the procedures of the ZBA and who have the right to expect that the August 11, 2000 vote of the ZBA will be enacted and enforced. 9. The constructive grant exceeds the authority of the ZBA based on the allegations set forth above. 10. The Plaintiffs bring this action pursuant to M.G.L. Chapter 40A, Sections 9 and 17. WHEREFORE, Plantiffs request that this Honorable Court enter judgment in their favor, as follows: (a) Annul the constructive grant attached as Exhibit B. (b) Remand the Application to the ZBA for the issuance of a written decision of its August 11, 2000 vote denying Defendant Arno's Application for a Special Permit, or in the alternative, find that the Application constitutes a "Major Commercial Development" under the Nantucket Zoning By-law and remand the application to the Nantucket Planning Board for consideration. (c) Enjoin the Building Commissioner from issuing a permit for the construction of the addition requested in the Application. (d) Issue such further relief as this Honorable Court shall deem appropriate. (e) Award Plaintiffs their costs of this action, including their attorney's fees, and such other and further relief as this Court shall deem appropriate under the circumstances. Dated: December 1, 2000 J. Richard Judson and Cynthia F. Judson, Trustees of the 1946 House Nominee Trust, Ann Killen, Trustee of the Lobster Pot Nominee Trust, and Florence E. Clifford By Their Attorney: Melissa D. Philb ick Philbrick and Avery LLP Zero Main Street P.O. Box 148 Nantucket, MA 02554 (508) 228-5151 BBO # 544169 EXHIBIT A BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 OJ~~V CASE No. APPLICATION FOR RELIEF Owner's name(s): Joseph V. Arno Mailing address: c/o Reade Gullicksen Hanley & Gifford, LLP, Six Young's Wav P O Box 2669 Nantucket, MA 02584 Applicant's name: Same as above Mailing address: Same as above Location of lot: Assessor's map and parce l number 42.4.2-18 Street address: 27 Easv Street ^' ^' ^L ^ "^ °iz ° 8594-C Lot G: 8594-D, Lotl Registry Land Ct ~ Plan, Date lot acquired: 5/1/79 Cert. of Title 8693 Zoning district RC Uses on lot - commercial: ~3e~-= e~ one retail store P4E~B' - number of: dwellings 1 _ _ Building date(s): all pre-8/72? Yes or C of O? X Building Permit appl'n Nos. 12017-95 its l i 012-85 28-93 ~ Z~- ~ 28-89 ~/ GJ `!~ J Case Nos. all BoA : awsu ons, applicat ~ / . , ~ ~r ~~l-~1 State fully all zoning relief sought and respective Code sections and subsections,_specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139-32A _ if Variance, 139-30A X if a Special Permit (and 139-33A _ if to alter or extend a nonconforming use). If appeal per 139-31A & B _, attach decision or orders appealed. OK to attach addendum' See Addendum. Items enclosed as part of this Application: orderl_ addendum X Locus map X Site plan x showing present x + planned _ structures Floor plans present _ proposed X elevations X(HDC approved? Yes) Listing lot area _ frontage _ setbacks _ GCR _ parking data _ L1J~ Assessor-certified addressee list 4 sets X mailing labels 2 sets X U ~ $200 fee payable to Town of Nantucket X proof3 _ 'cap' covenant _ ~ N LL O 1(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) L] Q ~ W ~ I certify that the requested information submitted is substantially ~ Y complete and true to the best of my knowledge, under the pains and W CC F-- penalties of perjury. U J W ~UU SIGNATURE: /~w...~-~rL~~~~ AFB}~~~~ - Attorney6 X z~ 3(If not owner or owner's attorney, enclose proof of authority) ~ z ca ~- Z FOR Bo OFFICE USE /j~) b Application copies reed: 4_ or ~ ~oA on MSG/ S[-~/ / One copy filed with Town Clerk on ~/ „~.L~.~)_ by _ complete?/~ One copy each to Planning Bd and Building Dept / ~ by $200 fee check given oyt T~r)easurer on ~/ ~' ~ by aived?//_ Hearing notice posted ~ /~~~- mailed td.~~1~ ~I & M ~f ~/(S~/ Hearing (s ) on _/_/_ cont' d to _/_/_, -/_/_ withdrawn? _/_/_ Decision due by _/_/_ made _/_/_ filed TC _/_/_ mailed _/_/_ See related cases lawsuits other E:\wp\arno\27easyst\boaappl.doc 0 0 0 CV C~ .u _>- ~~ - / Y o= w U ATTEST: A TRUE COPY _ V NANTUCKET TOWN CLERK Addendum to Application of Joseph V. Arno In Board of Appeals File No. 075-97, applicant was granted .a Special Permit to construct a new building, with a ground cover of up to 3,991 square feet containing up to two retail spaces and/or office space totaling up to 3,491 square feet on the first floor. The remainder of the first floor will be storage, utility areas and stairway access to the second floor, which will contain two dwelling units. The proposed building complied with all ground cover and setback requirements of the By-haw. Because of delays in obtaining state and other local permits applicant was not able to commence construction of the building and the Special Permit has now lapsed. Applicant now seeks the same relief. The proposed building is substantially the same as that proposed in File No 075-97 with the same ground cover, floor area and uses. Applicant requests Special Permit relief from parking requirements under By-law Section 139-18B, off street loading requirements under By-law Section 139-20C and under By-law Section 139-33A and a site plan review under By-law Section 139- 23. A total of 21 parking spaces are required for the planned use of which 19 relate to commercial uses and 2 to residential uses. The applicant will maintain the one existing space and requests a waiver as to a total of 20 spaces. Waiver of all parking and loading requirements are permitted, the subject property being situated in the Core and Resident Parking Permit District. f:\~'p\arno\27easyst\boaappl2.ad , .• pf t'~(• \~N~'• ~ t,t • ,.\ ~ -_~ __ \O _// _ ~ / ~ / / ~ ~ ~ /~ / / ~ / ~/\ .% ^~~\\~ 1 v A Y 1 Y ~^~`\~ ~\~4\yv r v • ~~ -~ f-- l ~.~ A M'Mt~`K 7,t \3 rM Of t Ml ~p f `MM''`t'pt1 p ,p\ the 1~ •M'Af • Z 't ~'r 6eRf t 1 O f~ M St a~~t Sr // \\s - - ~ ~~ ~ ,e st ~ a ,y ~ J .~ +.h~ p 6 O ~ 67 •7 W .N W y Li `~ a 11 I• li F ~ y /; h ~, Y _ ,^N\\v~ s •((~ ~ ~ 71 T ~ 6 ~ 11 ~t ~ Il ~\' 17 ~ P f ~• \\\Y\ ~s „q J `O 1~ ~ \\l11 . J Bpi v~ t` >- ^ N L` m . t6t ~ (by\\\Y\ i~ ti s'(~ W 21 r ~~• ~ N ~ ~ o -~'~ s ~ ~~ o c+ ~ • ( ~ ...•.~ .i ~~r~ ~ ~!\11111.\~ /1T --- --._ r-~~°'-Q~ t i TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February ~ 19 98 .,~_~ To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner/Applicant: 075-9~ JOSEPH V. ARNO Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20 ) days . - --` ~-~ ... le W. Waine Chairman cc: Town Clerk - -.-- -Planning Board "-• ~ ~ -' ~_"--- Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES~HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED~UPON ACCORDING~TO NANTUCKET ZONING 'BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.- i NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 42.2.4, Parcel 18 Lot G, L.C. Plan 8594-C; 27 Easy Street Lot 1, L.C. Plan 8594-D Residential-Commercial Certificate of Title. No. 8693 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, January 9, 1998, at 1:00 P.M., in the Meeting Room, in the Annex to the Town and County Building, 37 Washington Street, Nantucket, Massachusetts, following notice and a public hearing in the Selectmen's Meeting Room, in the Town and County Building,. Broad Street, Nantucket, Massachusetts, on December 5, 1997, which hearing was continued to December 16, 1997 in the Meeting Room, in the Annex to the Town and County Building, 37 Washington Street, Nantucket, Massachusetts, and then, due to the lack of a quorum, continued to Friday, January 9, 1998, at 1:00 P.M., in the Meeting Room, in the Annex to the Town and County Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of JOSEPH V. ARNO, c/o Reade & Alger Professional Corporation, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 075-97: 2. The applicant seeks a SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B (parking- requirements); under §139-20C (off-street loading zone requirements); and under §139-33A (alteration/expansion of a pre-existing non-conforming structure/use) and a site plan review under §139-23. The applicant proposes to demolish the existing structure and to construct a new building with a ground cover of up 'to 3,975 square feet containing up to two (2) retail spaces and/or office space totaling up to 3,675 square feet on the first floor and two (2) dwelling units on the second floor. The proposed building and uses require twenty-one (21) parking spaces, nineteen (19) for commercial uses and two (2) for the residential uses. One (1) parking space will be provided on site. The subject property (the "Locus") is located at 27 EASY STREET, Assessor's Map 42.4.2, Parcels 18 and 19, consisting of the land shown on Land Court Plan 8594-C as Lot G, and the land shown on Land Court Plan 8594-D as Lot 1. -The Locus is zoned RESIDENTIAL-COMMERCIAL. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearings, including a finalized, detailed site plan by Nantucket Surveyors, Inc. dated February 16, 1y9'/ ds revised through December 11, 1997, submitted by the applicant, as required by Zoning By-law §139-23, showing the proposed layout of the building and site improvements. The Planning Board submitted a letter dated November 24, 1997, which expressed concerns and recommended that the Special Permit and Site Plan be denied on the basis of the incompleteness of the plans. The principal concerns of the Planning Board resulted from its inability to determine or confirm from the site plan the square footage of the building, the landscape plan, engineering details of the driveway and sidewalk improvements, the parking requirements of the project and flood elevations. 4. By Special Permit issued in File No. 028-93, the Board granted the Applicant a waiver of up to 16 parking spaces and waived the loading zone otherwise required to allow the alteration and expansion of the structure to include a total ground cover of up to 2,450 square feet with two (2) retail spaces on the first floor and two (2) dwelling spaces on the second floor. The Applicant timely secured a building permit for the work contemplated in File No. 028-93, and timely commenced work thereunder. At the public hearing in File No. 027-96 the Applicant represented that after the commencement of this work, it was discovered that the soil of the site would not support the planned foundation. A modification of the Special Permit was granted to allow the work allowed by the Special Permit granted in File No. 028-93 to be done by demolition and reconstruction of the structure in the same dimensions allowed by the Board in that case. 5. The proposed project involves the construction of a new, larger building with a ground cover of up to 3,991 feet, a 49.9a ground cover ratio. There will be 3,491 square feet of retail space, containing up to two (2) stores and or office space on the first floor. Approximately 100 square feet of the first floor will consist of a stairway to the second floor. The remaining approximately 400 square .feet of the ground floor will be devoted to utilities and storage. There will be two (2) apartments on the second floor. The proposed uses require 21 parking spaces under the By-Law; 17 for the retail space, two (2) for up to seven (7) employees at peak shift and one (1) for each of the apartments. 6. The Board finds that because only 19 of the parking spaces are required for commercial uses, and that 20 spaces for commercial uses are required under the By-law to classify it as a Major Commercial Development on the basis of parking, the project is not a Major Commercial Development under the By-law. The Board further finds that the waiving of 20 of the total number of 21 required parking spaces, with provision of one conforming parking space and an additional "stacked" space behind it, would be in harmony with the general purpose and intent of the By-law; that compliance with the parking requirements of the By-law would be physically impossible for the applicant to provide; and that providing parking in excess of that required by this decision would have a significant and adverse effect on the scenic integrity of the neighborhood and be contrary to sound traffic and safety considerations. In addition the Board finds the waiver of the on site loading zone is also in harmony with the general purposes of the By-law in that there are loading zone spaces proximate to the Locus. The Board also found that the 2 concerns of the Planning Board were adequately addressed by the applicant in plans submitted subsequent to the Planning Board's submission of its letter. 7. Therefor, we find that the granting of relief by Special Permit to remove or demolish the existing structure and to construct a new one as proposed by the applicant will not be substantially more detrimental to the neighborhood than the existing or permitted structure and uses, which are nonconforming due to a lack of parking. In fact, the demolition or removal of the existing structure and construction of the proposed new structure will be a benefit to the neighborhood .because it will meet the current building code, be handicapped-accessible, and provide a wider sidewalk, allowing pedestrians easier access to the Steamship Authority while keeping .them off the street and thereby helping to alleviate traffic congestion in the area of the Locus. The proposed building will be the same distance from the southern lot line of the Locus. The Board considered requiring that an additional parking space be provided in that area but it was pointed out that the curb cut for such a space would result in the loss of a parking space in the street and therefor no net gain of parking. A car backing out' of such a space would also contribute to traffic problems. 8. Accordingly, by a vote of four (Waine, Williams, Hourihan and Madden) members in favor, and one (Sevrens) opposed, the Board GRANTED the SPECIAL PERMIT, as requested, under Nantucket Zoning By-Law §139-18B (parking requirements); under §139-20C (off-street loading zone requirements); and under §139- 33A (alteration/expansion of a pre-existing non-conforming structure/use) thereby waiving twenty (20) parking spaces and the off-street loading zone, to allow the structure to be demolished or removed and a new structure to be constructed. 'The new structure shall have up to two retail spaces and/or office space on the first floor and two dwelling units on the second floor. 9. The relief hereby granted is subject to the following conditions: (a) One (1) of the dwelling units shall be occupied on a year-round basis, by the owner or a tenant, and shall not be rented seasonally or offered for transient residential use. (b) There shall be no more than a total of seven (7) employees on site at peak shift in the retail spaces on the first floor . (c) Two nine-foot by-twenty fool: "S.Ldc:]tea" ~id1l:i~ig spaces shall be provided on the north end of the Focus. (d) There shall be no more than two (2) retail and/or office spaces on the first floor. No food service establishments , or alcohol beverage service shall be permitted. 3 (e) There shall be a maximum of 3,491 square feet of retail space on the first floor. (f) The building shall be constructed in substantial conformity with the site plan by Nantucket Surveyors, Inc. dated February 16, 1995, as revised through December 11, 1997 presented to, endorsed by and on file with the Board of Appeals under By- law §139-23 in connection with this application. (g) As voluntarily offered by the Applicant and accepted by the Board, no exterior construction shall be conducted during the period of May 15 to the day following Columbus Day in any year. -n .___. Dated: t"~~rttary ~, 1998 C~ ~~" ale W. Waine `"~' ~ ~o ~~ ~ c~ William P. Hourihan', Jr. Linda F. Wi liams Nan y Sevrens L Timothy Madden f:\wp\arno\27easyst\07597boa.dec 4 ~ ~ \1 I •' I~ {~ ~` It I I i 1 i - i ~ -- a ~Z: 0 ~f I ~~~ o o Q~g . ~o : o _ ~ ~L o °W ~~W ~, ~ Z- . W L L. • L~ u ~C; ~L ~1/ z O ~- ., ~ ~~ _q- ~ ~. W= Q~ ~~ a~ 0°~ ~- w I i ~ ~~~ ~~o z~~ u.. w i ~-$ d z~o ~tiw z 0 ~o ,~ __, ~~ n `~ ~ v. ~ -- _/ U i ~,~, iii --->> ~~ ~! ~~ ~~~_~ ~~ ..~ ii.~ :~ :am.. QN~ .____.._~-_..._~-'-..__.__._. __ _ X.I I ~~ O ~ ~_ z~~ 09~ ~- U ~W~ ~~J ~O~ ~~ W QJJ Aow N~~ ~ ~ ~ ~~N ~~~ W J Q ILQ~ ,~ ~~ v~0 . F- N F- .oo- ----------- --•- ,a,ay ....----_._......._._....---- O P ,; Q .k~A ~ AEG --°- I Q/^ ,/.~ - ~ ~l` 0 '/ ~-. x N ~~ ~ ~ S` /.? ~- !~ 'v ~~ ~ ~` ~. .\ .,•, Wpm ~~ ,, ~l ~ .1 N ~~o ~\~J .`/l .f K f ~•ti ~ ~- /~` /~~ ~4, d_ ~~ t.l..l -~- I ~ . 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Q- In u ~'1 ~ ~ - ~, ~ ~1- ~~~ r C> ~- ~ ~ ~ of o ~ ~ ~o~ ~ ~ ~ u~ >z~ ~: ~ ~ ~ I% Q v ~ 1~ YG So U ,l1- p X U ~ N ~~ ' ~ ; Q ~ ~ ~ m za~~ .111 ul I- ~~ Ua 'r 'r i ~ti~ l ~ ~ TOtiVN OF NANTUCKET ZONING BOARD OF APPEALS LIST OF PARTIES IN INTE/~REST IN TLT->E MATTER OF THE PETITION OF PPOPERTY OWNER:.......`~Cc~.c'.~?.!.?•...........1..~,-.,~C ................................... MAILING ADDRESS:.....~ ............................................................................ C 1 PROPERTY LOCATION :............~.~................... ....... . ASSESSORS MAP/PARCEL:........~..~~...U.~.-.......1... ~....~:...?..9 .................... SUB~•IITTED BY :............................................................................................... SEE ATTACHED PAGES 1 certify that the foregoing is a list of persons who are o~~~ners of abutting propem~, o~~ners of land dirzctl~• opposite on any public or private street or ~vav; and abutters of the abutters and all ocher land o~~~ters ~~~ithin three hundred feet of the propert}' line of owner's property, all as the~~ appear on t^~ most recent applicab:'e tai list. (M.G.L. c. 40A, Section 1 1 Zoning Code Chanter 139. ,~. :. ~. n T F' D -. ,:. ASSESSOR'S OFFICE TO~~/N OF NANTUCKET 06/01/00 TO WtJ OF NANTUCKET 09:36:15 OWNER'S MAILING ADD RESS LIST Map Block Lot Owner'a/Co-Ovner'n Name Mailing Addze~a/ Cit y State Zip Property Location 4=;= 0028 TEASDn LE ANN R PO BOX 157 0019 S WATEP. ST TII4MS NIGEL JOHN NANTUCKET MA 02554 424'_ 0070 BKEWSTEN, EQUITIES LLC 202 BEACON STREET 0010 S IIEACH ST EXT C\U F.UHEK'C L CHAMPION JK BOSTON MA 021 16 4242 0027 BP.EWSTER EQUITIES LLC 202 BEACON STREET 0012 OAK ST C\0 ROBERT L CHAMPION JR BOSTON MA 021 16 a 2:2 0067 YU UIJG KUG EF2 A S CYNT'}IIA tJ PO BOX 1229 0028 EASY ST NANTUCKET MA 02554 <2:2 0017 JUDSON J RICHARD & CAROLYN PO BOX 368 0029 EASY ST FRENCH TP.USTEF.S ETNA NH `03 750 524' 0018 AP.NO JOSE PFf V PO 8OX 1319 0027 EASY ST iJA NTUCKET MA 02554 43;2 0020 INGALL FLORENCE PU BOX 122 2 '0021 EASY ST C/O CLIFFORD MRS F NANTUCKET MA 02554 4242 0015 WOODS HOLE MARINAS VINEYARD & PO BOX 284 0003 STEAMBOAT WF NANTUCKET STEAMSHIP AUTH HOODS HOLE MA 02543 42;2 OOi'7 JUDSON J RICHARD & CAROLYN PO BOX 368 0029 EASY ST FRENCH TRUSTEES ETNA NH 03 750 4_'31 00112 DREAM, WIND THEATRE ItJC PO BOX. 547 0018 EASY ST NANTUCKET MA 02554 <231 00:11 D?EAMLAND THEATRE INC PO BOX 547 J017 S WATER ST NANTUCKET :•tA 0"t 554 5231 0012 WItJTHP.OP NANTUCKET 2 REALTY TP. po bo>< 359 0015 S WATEP. ST C/O SHEP.B U P.NE ASSOCIATES LJANTUCF:ET MA 02554 C331 00'x; HESS WALTER P. TR ?O BOX 359 0011 S WATER. ST SHERBURNE ASSOCIATES R T 2ANTUCKET MA 02554 42x1 C013 i:I LLEN Ai1N S TR PO 3OX 1166 0014 EASY ST LO85TEP. PO1' tJOMINEE TRUST !JANTUCf;ET M.1! 02554 :231 0016 •NnP.TUCKET TOWN OF 0016 EP.OAD ST 0006 EAST ST NAJJTUCXET MA 02554 a231 007° KILLEtJ PAUL SP.UCE & PO SOX 1166 0010 EASY ST LUTHIAtJ D K TP.S ETAL tANTUCKET MA 02554 +331 0131 F. M R E COP.P PO BOX 726 0007 S WATER ST NAtJTUC Y.ET MA 02554 ,___ 01.0 Wc:;T JUHtI 6 ft EtJRY }:A1'H LE EIJ 0024 CEFJTRE ST 0001 CAMBRIDGE ST iJANTUCf;ET itA 02554 ,_.._ C074 !1::!!^L;Cf:cT ;.IiiF11EUt4 L1!-: E: F.=:'i PO EO:•: 308 0001 It1DI?_ T t:?`1TUCE:E i' ton ~_55; ,___ O1'%%~ WICTEi ?.C I' t!=J:TUCf:ET 2 REn LT~i TF. po bor: "s SS 0004 5 h;:TEP. S. .!U _..c E:BUF.a ,-..,SG.._r_. :_ N=.NTUCc:c. I!n x'_55; ,___ 7___ •i~...: _.. :'J F.P _E:U:"i. _.~ .. :..ii 1!G _.. ,. o_ ^ 20. QOG~ ~ - .. r. .,_ SO WnTE;? ASSOC F.cAL1"i T~US T WELLESLET Mn 0'_431 .___ 0'_3~ PACIFIC CLU3 INC FO 60}: 1227 0015 MAIN ST !J=.NTUC£ET MA 02554 +__ _ 013: I'.°_SS iJ`:L.TCF. R TR .'O ~Oi: 359 ~ 0001 MAIi! ST S!!EFS;G..:1!i ....FOCI ;_.... .. .+r.I!TUC}:ET Et:. C'S5; • .___ 0140 Stir'i.cL'F:I!E ;.~=UC1~.TE~ rJ cUi: 359 0015 C:-.tJDLE ~. IJ;,NTUCKET M:-. 02554 PAGE 1 MUAS750 9.3 _ +- ~. 06/01/00 TOWtJ OF NANTUCKET PAGE .. 09:36:15 OWNER'S MAILING ADDRESS LIST MUAS750 9.3 Map BlocY. Lot Owner'a/CO-Owner's Name Mailing Addreaa/City State Zip Property Location 4?31 OOB7 MCCREADY P.I CHARD J ETAL TRS PO HOX. 359 0002 NEW WHALE ST WIt7THP,OP NAFJTUCKET FJOM TRST NANTUCKET MA 02554 4231 OOH6 NAJJTUCKET ISLAND PRODUCTS CO I PO BOX 653 0020 STPAIG}iT WF ' NANT11('FET MA 0~ ; .4 4231 0139 HESS WALTEP. R TR PO HOX 359 0016 STRAIGHT WF SH ERHUP.NE ASSOCIATES R T NANTUCKET h1A 02554 4231 0139 •FlAtJTUCKET HISTORICAL ASStJ PO BOX 1016 0012 STRAIGHT WF NAIJTUCKET MA 02554 4231 013'1 •t1AtJTUCKET HISTORICAL ASSN PO BOX 1016 0010 STRAIGHT WF NAIJTUCKET F1A 02554 4231 01361 TRAIIJOR GARY E & KELLI A 65 STRAIGHT WHAP.F 006B STRA7GHT WF NAIJTUCKET MA 02554 4231 01362 TPAINOR GARY E & KELLI A 66 STRAIGHT WHARF 006C STJAIGHT WF NP.lJTUCKET MA 02554 4231 01362 TRAINOR GAP.Y E & KELLI A 6B STRAIGHT WHAP.F 006C STE2A IGHT WF NAIJTUCKET MA 02554 4231 01363 RUBIFI MAP.CIA P PO BOX. 959 006A STPAIGHT WF NANTUCKET 1^.A 02554 <231 0135 tiF.SS WALTEP. P. TR p0 EOX 359 J002 STRAIGHT WF StiER6URNF. ASSOCIATES R T NAFlTUCY.ET h1A 02554 4231 0224 SHEP.BUP. FJ F. ASSOCIATES PO SOX 359 - 0000 STRAIGHT WF NAt1TUCS:ET MA 02554 4231 OC79 GIFFOP.D JOHtJ F TR H6 COLBOURNE CT 0004 EASY ST FAWIJ GROVE REALTY TRUST BF.OOKLIFJE h!A 02445 4231 OGE] :;ILLEta SIDiJEY H c0 BUX 1166 0001 OLD NORTH WF I7AIJTUC};ET FtA 02554 4231 0041 GIFFJ~D JOHtJ F TR N.AF.HOP. SQUAP.E 0004 STILL DOCK C/O PP.OVISIONS NAIJTUCKET MA 02554 4231 ~i09= OF.OUF.KS MARI LYN J 0101 LINGO LtJ P.D 0007 OLD NORTH WF LIt1C0 LN FS=. 01773 4231 0026 PUt7FJETT ALEX.AFJO RA L 11 OLD NOP.TH WY.:-.kF 0011 OLD NORTH WF NA!ITUCS;r:T NA 02554 4231 00°~ SFJEP.MAN HELEN WILSON 0004 WESTf-0IFJISTr~ ST - ~ 204 0010 STILL DOCK NANTUCKET M 02554 421 OU26 17A LO1JEY F.OSALIE T FKA GP.ENtJAtJ ?O 3Oi: 1393 0015 OLD NORTH WF !;A!!TUCF:E'_ !..-, 0255; 42:1 0:_'.- Ii.':: S:S OF. t! E ETAL TF.USTEF.S .SG E.-ST ?20?.7 =- S!'IT2 SCS OO i7 OLD t7O P.TH WF ~_~. ,,... :..-.-..-. ..EO1IA P.D L i. .__ c _.:3 OL=_ __... .._-_ 0031 OLD F1OF.TH WF ..,iT?_ L ..,:.. ....---.._-i.E .... _~~01- 2.31 ,_-. __ ,. ...r _..!:1 Ci! :...>..a ,ANF. TRUST'RE =. -... _:+ O1;B STILL DOG}; 1;=':TUGS: £'= :.- 0'_55; 423E CO°.41 '^nF;PEP. HF.CTOP. & NANCY LEATticP. _:55 'n'OO~ V?LEE': ?O:,D 014D STILL DOG}; h1O!r!JTAIIJS'_iE IJJ 07052 4231 OGS;; W:.!i'i~ F:iC'r.AP.D B & EFIILY S C.35 O=. S: P.IDG= -.~ 014E STILL DOCK SU:•:?L'T' :1J 0901 , ..'.'.''. _ . --. :_r;.,_..,. .I•:n...:=. l•! ~ CO11T] PAL'!. ^ - - -., .. ..->- 0014 STILL. DOG}; 1:_'-i. (:;::::::~.:,!. ~~~SAN G & IIEF.iSiiS:'1' :•! _..: :c::~ ..c., ~--'.. --. ._.-.. .•"'..... ..-_ 001 oP_Ll. DUGS: J PD!ITE VED-A FL. 32O°2 -_ O6/O1/00 T'OWIJ OF NAtJ'1'U Ck:ET PAGE 3 08:36:15 OWNER'S MAILING ADDRESS LIST HUAS750 9.3 Map Bloch Lot Owner's/Co-Owtle r'a Name !Ja ding Addre~a/City State Zip Property Location 42:1 0020 DUNFEY JOIJN P TR 230 COMMERCE WAY SUITE 300 0008 OLD NORTH WF JOHN P DUNFEY REALTY TR PORTSMOUTH NH 03801 4231 0023 PENNY GEO P.GE W III 3305 38 ST !JW 0010 OLD NORTH WF WASHINGTON DC 20016 <231 0251 OLD NORTH WHARF COOPEP-ATIVE IN C/O PO BOX 268 0012 OLD NORTH WF NANTVCKET MA 02554 4231 0252 OLD NORTH WHARF COOPERATIVE IN 3 MILL ST 0014 OLD NORTH WF C/O SANFORD COTTAGE TRU S'F NANTUCKET MA 02554 4231 0253 OLD NORTH WHARF COOPERATIVE IN 3 MILL STREET 0016 OLD NORTH WF C/O SANFORD EDWARD ETAL TP.S NANTUC Y.ET MA 02554 4231 0254 OLD NORTH WHARF COOPEPATIVE IN 0066 FLAX RD 0019 OLD NORTH WF C/O FOWLKES CEOP.GE A JP. TR FAIRFIELD CT 06430 4231 0255 OLD NORTH WHARF COOPERATIVE IN PO BO}: 809 002C OLD NORTH WF C/O WHARF RAT CLUB INC NANTUCKET MA 02554 4231 0256 OLD NORTH WHARF COOPEPATIVE ItJ SSS ALBIOtJ AVE 0022 OLD NORTH WF C/O DOUG LASS DAVSD & SUSAN WOODSIDE CA 94062 4231 0225 OLD NORTH WHARF COOPERATIVE FO BOX 187 0023 OLD NORTH WF C/<1 ..^.A N Ft)RU ALFIt IiU P 1•C('A 1. TP`.: NANTII ('h". Ii'P MA 07554 422: 0001 HESS WALTER R TR FO SOX 359 0000 STRAIGHT WF SHERBUP.tJE ASSOCIATES R T NANTUCKET MA 02554 4224 0001 HESS WALTER R TR ~ FO EOy. 359 0000 STRAIGHT WF SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 42<2 0028 TEASDALE ANN R FO BOX 157 0019 S WATER ST TIMMS NIGEL JOHN NANTUCKET MA 02554 4235 0017 HURD PETER K 4 AtJNETTE M 0251 MAIN ST 7007 EASY ST ~ j. ~~ ~ ` `/~v• r,, ~ HUNTINGTOtJ NY 11743 ~ ~ ~,CaS~ r I T ` (/ i l ~V : ~t~ 1'1:J < ~~ l y e 7 t~ l.( ~ T ~ L ~ ~ S ~ ~ NUMBER OF P.~CORDS = 65 \' ~~~~ ~ ~ ~~~ Li :%~~j, ~` ~ ~ ~.-ta ~5~ti ~~•. ;~J~ ,,,ui_ _ EXHIBIT B r EXHIBIT B REA.DE~ ARTHUR I. READE, JR., P.C. KENNETH A. GULLICKSEN MARIANNE HANLEY WHITNEY A. GIFFORD GULLZCKSLN~ ~i~iNLEY & GII'FOZZD~ LLP SIX YOUNG'S VAX NANTUCKET DIASSACHUSETTS 02554 (508) 228-3128 FA.Y: (508) 228-5630 readelaw@nantucket.net 11IAILING ADDRESS POST OFFICE BOX 2689 NANTUC}iET, DIASS. 02584 November 14, 2000 BY HAND Catherine Flanagan Stover, Clerk Town of Nantucket 16 Broad Street Nantucket, Massachusetts Re. Dear Ms. Stover: ATTEST: A TRUE COPY ~~~ NANTUCKE"T TOWN CLERK Joseph V. Arno 27 Easy Street Board of Appeals File # 055-00 Joseph V. Arno submitted an application, a copy of which is enclosed, to the Nantucket Zoning Board of Appeals (the "ZBA") for a special permit. The ZBA conducted a hearing on July 14, and August 11, 2000 regarding the application. More than 90 days have elapsed since the conclusion of the hearing but the ZBA has not taken final action by filing a written decision with your office. Pursuant to Nantucket Zoning By-law Section 139-30 and M.G.L. Chapter 40A, Section 9, you are hereby notified that the special permit sought by Mr. Arno is deemed granted. A copy of this notice, together with a notice that any appeal must be filed within 20 days pursuant to M.G.L. Chapter 40A, Section 17 and Nantucket Zoning By-law, Section 139-30 has been sent to all parties in interest, all of whom are listed on the attached sheet. Joseph V. Arno By his Attorney Kenneth A. Gullicksen kea~ie, vullie)cseii, Hdiiley & Gifford, LLP KAG/ j kl ~~~'~:.:.:~x:L, F:\WP\ARNO\27EASYST\stover.ltr.doc ~~J ~~ i 4 ~L~il~ I 11 ss } . ----- -~- READER GL'LLICKSEN~ HA1vLEY & GIFFORD~ LLP SIX YOUNG'S `VAY NANTUCKET ;MASSACHUSETTS 02554 (508) 228-3128 FAX: (508) 228-5630 ARTHUR I. READE, JR., P.C. readelaw~nantucket.net KENNETH A. GULLICKSEN MARIANNE HANLEY WHITNEY A. GIFFORD November 14, 2000 Rv r~nun Catherine Flanagan Stover, Clerk Town of Nantucket 16 Broad Street Nantucket, Massachusetts MAILING ADDRESS POST OFFICE BOX 2669 NANTUCKET, MASS. 02584 Re: Joseph V. Arno 27 Easy Street Board of Appeals File # 055-00 Dear Ms. Stover: Joseph V. Arno submitted an application, a copy of which is enclosed, to the Nantucket Zoning Board of Appeals (the "ZBA") for a special permit. The ZBA conducted a hearing on July 14, and August 11, 2000 regarding the application. More than 90 days have elapsed since the conclusion of the hearing but the ZBA has not taken final action by filing a written decision with your office. Pursuant to Nantucket Zoning By-law Section 139-30 and M.G.L. Chapter 40A, Section 9, you are hereby notified that the special permit sought by Mr. Arno is deemed granted. A copy of this notice, together with a notice that any appeal must be filed within 20 days pursuant to M.G.L. Chapter 40A, Section 17 and Nantucket Zoning By-law, Section 139-30 has been sent to all parties in interest, all of whom are listed on the attached sheet. Joseph V. Arno By his Attorney Kenneth A. Gullicksen Reade, Gullicksen, Hanley & Gifford, LLP KAG/jkl F:\WP\ARNO\27EASYST\stover.ltr.doc ,' E:° ~; ~, ,,~ ~ r r-: C -~ ~~hr^ f~SS ~ . . --, November 14, 2000 You are hereby notified that due to a failure of the Nantucket Zoning Board of Appeals to take final action within 90 days of the conclusion of the public hearing on the application of Joseph V. Arno for a special permit for his property at 27 Easy Street, Nantucket, Massachusetts, the special permit is deemed granted. A copy of the notice to the Nantucket Town Clerk regarding the failure to act is enclosed. You are further notified pursuant to Nantucket Zoning By-law Section 139-30 and M.G.L. Chapter 40A, Section 9, that any appeal must be filed, pursuant to M.G.L. Chapter 40A, Section 17, within 20 days of the date of the filing of .the enclosed notice with the Town Clerk. Sincerely, Joseph V. Arno KAG/jkl Enclosure F:\WP\ARNO\27EASYST\notice.ltr.doc Ann R. Teasdale Brewster Equities LLC Roger A. Young and Nigel John Timms c/o Robert L. Champion, Jr. Cynthia N. Young Post Office Box 157 202 Beacon Street Post Office Box 1229 Nantucket, MA 02554 Boston, MA 02116 Nantucket, MA 02554 J. Richard Judson and Carolyn Judson French Trustees Post Office Box 368 Etna, NH 03750 Joseph V. Arno Post Office Box 1319 Nantucket, MA 02554 Florence Ingall c/o Mrs. F. Clifford Post Office Box 1222 Nantucket, MA 02554 Woods Hole Marthas Vineyard & Nantucket Steamship Authority Post Office Box 284 Woods Hole, MA 02543 Dreamland Theatre, Inc. Post Office Box 547 Nantucket, MA 02554 Walter R. Hess, Trustee Ann S. Killen, Trustee Sherburne Associates Realty Trust Lobster Pot Nominee Trust Post Office Box 359 Post Office Box 1166 Nantucket, MA 02554 Nantucket, MA 02554 Paul Bruce Killen and D. K. Lothian, Trustees et al Post Office Box 1166 Nantucket, MA 02554 E M R E Corp. Post Office Box 726 Nantucket, MA 02554 Nantucket Atheneum Library Post Office Box 808 Nantucket, MA 02554q Pacific Club Inc. Post Office Box 1227 Nantucket, MA 02554 Michael Scott Realty Corp Box 538 Nantucket, MA 02554 Arthur J. Halleran et al, Trustees Sherburne Associates Realty Trust Post Office Box 359 Nantucket, MA 02554 Richard J. McCready et al, Trustees Nantucket Island Products Co., Winthro Nantucket Nominee Tr. Inc. Post Office Box 359 Post Office Box 653 Nantucket, MA 02554 Nantucket, MA 02554 Gary E. Trainor and Kelli A. Trainor 6B Straight Wharf Nantucket, MA 02554 Sidney H. Killen Post Office Box 1166 Nantucket, MA 02554 Marcia P. Rubin Post Office Box 959 Nantucket, MA 02554 John F. Gifford, Trustee c/o Provisions 3 Harbor Square Nantucket, MA 02554 Winthrop Nantucket 2 Realty Tr. c/o Sherburne Associates Post Office Box 359 Nantucket, MA 02554 Town of Nantucket 16 Broad Street Nantucket, MA 02554 John West and Kathleen Henry 24 Centre Street Nantucket, MA 02554 Islack Corp. Trustee So. Water Assoc. Realty Trust 245 Washington Street X202 Wellesley, MA 02481 Sherburne Associates Post Office Box 359 Nantucket, MA 02554 Nantucket Historical Association Post Office Box 1016 Nantucket, MA 02554 John F. Gifford, Trustee Fawn Grove Realty Trust 86 Colbourne Court Brookline, MA 02445 Marilyn J. O'Rourke 101 Lincoln Road Lincoln, MA 01773 Alexandra L. Punnett Helen Wilson Sherman Rosalie T. Maloney 11 Old North Wharf 4 Westminster Street - #204 f/k/a Grennan Nantucket, MA 02554 Nantucket, MA 02554 Post Office Box 1292 Nantucket, MA 02554 John E. Lucks et al, Trustees 150 East Broad Street, Suite 505 Columbus, OH 43215 Leonard L. Farber and Antje L. Farber 450 E. Las Olas Blve. #880 Fort Lauderdale, FL 33301-2231 Mary Jane Tardanico, Trustee Mothers Wharf Realty Trust Post Office Box 304 Hyannisport, MA 02647 Thomas B. McGlinn Post Office Box 1194 Nantucket, MA 02554 Thomas W. Scott and Paul D. Conti Post Office Box 2798 Nantucket, MA 02584 George W. Penny, III 3205 38 Street, N.W. Washington, D.C. 20016 Old North Wharf Cooperative, Inc. c/o Edward Sanford et al, Trustees 3 Mill Street Nantucket, MA 02554 Old North Wharf Cooperative, Inc. c/o David and Susan Douglass 555 Albion Avenue Woodside, CA 94062 Hector Samper and Nancy Leather 1385 Wood Valley Road Mountainside, NJ 07092 Susan G. Goodall and Herbert W. Goodall 109 Teal Nest Court Ponte Vedra, FL 32082 Old North Wharf Cooperative, Inc. c/o Post Office Box 268 Nantucket, MA 02554 Old North Wharf Cooperative, Inc. c/o George A. Fowlkes, Jr., Tr. 66 Flax Road Fairfield, CT 06430 Old North Wharf Cooperative, Inc. c/o Alfred F. Sanford et al, Trs. Nantucket, MA 02554 Richard B. Wantz and Emily S. Wantz 235 Oak Ridge Avenue Summit, NJ 07901 John P. Dunfey, Trustee John P. Dunfey Realty Trust 230 Commerce Way, Suite 300 Portsmouth, NH 03801 Old North Wharf Cooperative, Inc. c/o Sanford Cottage Trust 3 Mill Street Nantucket, MA 02554 Old North Wharf Cooperative, Inc. c/o Wharf Rat Club, Inc. Post Office Box 809 Nantucket, MA 02554 Peter K. Hurd and Annette M. Hurd 251 Main Street Huntington, NY_11743 Kevin F. Dale, Trustee David H. Wood Robert A. Bennett Trogoh Nominee Trust 7 Gardner Street 15 Vestal Street Post Office Box 659 Nantucket, Massachusetts 02554 Nantucket, Massachusetts 02554 Nantucket, MA 02554 Melissa D. Philbrick, Esquire Philb i k & A LLP Board of Health T B ildi Jeffrey Willett, Superintendent r c very. own u ng Department of Public Works Zero Main Street 16 Broad Street 188 Madaket Road Post Office Box 148 Nantucket, Massachusetts 02554 Nantucket, Massachusetts 02554 Nantucket, Massachusetts 02554 Nantucket Planning & Economic Bruce L. Watts, Fire Chief Conservation Commission Development Commission Fire Department Town Annex Building 1 East Chestnut Street 131 Pleasant Street 37 Washington Street Nantucket, Massachusetts 02554 Nantucket, Massachusetts 02554 Nantucket, Massachusetts 02554 Historic District Commission Town Annex Building 37 Washington Street Nantucket, Massachusetts 02554 Zoning Board of A peals Town Annex Building 37 Washington Street Nantucket, Massachusetts 02554 Traffic Safety Advisory Committee Board of Selectman 10 Surfside Road Town Building Nantucket, Massachusetts 02554 16 Broad Street Nantucket, Massachusetts 02554 BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No. APPLICATION FOR RELIEF Owner's name(s): Joseph V. Arno Mailing address: ~o Reade, Gullicksen, Hanley & Gifford LLP Six Young's Way, P. O. Box 2669 Nantucket MA 02584 Applicant's name: Same as above Mailing address: Same as above Location of lot: Assessor's map and parcel number 42.4.2-18 Street address: 27 Easv Street Registry Land Ct Plan, °1,^ D1- r ^^ ^° n~~ ~''~ 8594-C Lot G; 8594-D, Lotl Date lot acquired: 5/1/79 Cert. of Title 8693 Zoning district RC Uses on lot - commercial: ~tene _ ar one retail store MEB? _ - number of: dwellings 1 ~~~F'ev_ a~.-rtments_ ~en`al reems_ Building date(s): all pre-8/72? Yes or C of O? X Building Permit appl'n Nos. 12017-95 Case Nos. all BoA applications, lawsuits: 012-85, 28-89, 28-93 State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139-32A _ if Variance, 139-30A X if a Special Permit (and 139-33A if to alter or extend a nonconforming use). If appeal per 139-31A & B _, attach decision or orders appealed. OK to attach addendum2 See Addendum. Items enclosed as part of this Application: orders addendum2 X Locus map X Site plan X showing present X + planned _ structures Floor plans present _ proposed X elevations X(HDC approved? Yes) Listing lot area _ frontage _ setbacks _ GCR _ parking data _ Assessor-certified addressee list 4 sets X mailing labels 2 sets X $200 fee payable to Town of Nantucket X proof3 _'cap' covenant _ 1(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: /~,.„~,zf~ A.gpi~eant _ Attorney~en-~ X 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies recd: 4_ or for BoA on _/_/_ by One copy filed with Town Clerk on _/_/ by complete? One copy each to Planning Bd and Building Dept _/_/_ by $200 fee check given Town Treasurer on / by waived? _ Hearing notice posted Y/_/_ mailed _/_/_ I & M _/_/_, _/_/_ xearing (s ) on _/_/_ cont' d to _/_/_, _/_/_ withdrawn? _/_/_ Decision due by _/_/_ made _/_/_ filed TC _/_/_ mailed _/_/_ See related cases lawsuits other f:\wp\arno\27easyst\boaappl.doc Addendum to Application of Joseph V. Arno In Board of Appeals File No. 075-97, applicant was granted a Special Permit to construct a new building, with a ground cover of up to 3,991 square feet containing up to two retail spaces and/or office space totaling up to 3,491 square feet on the first floor. The remainder of the first floor will be storage, utility areas and stairway access to the second floor, which will contain two dwelling units. The proposed building complied with all ground cover and setback requirements of the By-law. Because of delays in obtaining state and other local permits applicant was not able to commence construction of the building and the Special Permit has now lapsed. Applicant now seeks ~,he same relief. The proposed building is substantially the same as that proposed in File No 075-97 with the same ground cover, floor area and uses. Applicant requests Special Permit relief from parking requirements under By-law Section 139-18B, off street loading requirements under By-law Section 139-20C and under By-law Section 139-33A and a site plan review under By-law Section 139- 23. A total of 21 parking spaces are required for the planned use of which 19 relate to commercial uses and 2 to residential uses. The applicant will maintain the one existing space and requests a waiver as to a total of 20 spaces. Waiver of all parking and loading requirements are permitted, the subject property being situated in the Core and Resident Parking Permit District. f:\wp\arno\27easyst\boaappl2.add Zoning Board of Appeals South Beach Street Nantucket, Massachusetts 02554 A Public Hearing of the ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, July 14, 2000, 37 Washington Street, Nantucket, Massachusetts on the Application of: JOSEPH V. ARNO Board of Appeals File No. Applicant seeks a SPECIAL PERMIT under Nantucket Zoning By-law, X139-18B (parking requirements), §139-20C off street loading requirements, and X139-33A, (alteration/extension of a pre- existing nonconforming structure/use) and a site plan review under By-law X139-23 in order to construct a new building with a ground cover of up to 3,991 square feet containing up to 3,491 square feet of retail and office space and two dwelling units. The proposed building and uses require 21 parking spaces, 19 for commercial uses and 2 for residential uses. One parking space will be provided. The lot and proposed building will comply with all dimensional, ground cover and setback requirements of the By- law. The application is for the same relief granted in Board of Appeals File No. 075-97, which lapsed while applicant obtained other necessary approvals. The premises are located at 27 Easy Street, Assessor's Map 42.4.2, Parcels 18 and 19, Lot G, Land Court Plan 8594-C and Lot 1, Land Court Plan 8594-D. The property is zoned Residential- Commercial. William P. Hourihan, Chairman f:\wp\arno\27easyst\boaappl3.ntc ~o~' t~~ o~ ~M~~ `NN'~;t t,t • ~ • ~•~' / ,N PP ~ \.~~ / 10 / / / ri~~ ~ • ~ Y e ^~\` 7 P l 1 /-'-~-- 1 .~ ~.~ " ~t M'M~V~K ~1 d M SM` ~ar G7 `MN''`~+aZ1 ,O` 1N[ ~~ _ •N'~7• r o `, 't ~'ra°R~ 1 s n ~ ~ "~ ~ atpEEt I ~ ~s ~`'~ - - I t ~ w is a / 11 ~ ri w o bi ,~.` N 67 6S W ~ ~~ 'h. y 67 6~ h 17 !~ IJ IT ~ ., , 11 ) y,~ ,^ Y W Av ' l ~ ((~y~~\\y~ y 1 ; a9 '' r$y \~~11\Y\ v' T Z ~ ~ Y r i~ a~ '~ A s t t~ ro O 25 J p~ ~ ~ \\\\\Y\/ `~ i d 4 ~ \\J\\y O ~'( N ~e 1~ gtpE ~ zi S ~ ~ o ~ 0 •1 m r-+ ~ I ~ ~ D L' ~~ rz rzrn n r0 O~~ 8 ~~p d ~~ A gA o0 orn ~s ;~ ~ n ~ O _ /~ ~_ z ~~ ~, ~i= ~~ a' n J t ti C7J ~- ~~ Q `--- «/t 0 z rn~~ rz~ Qi~~ s~ rn~~ !~`.z p~~ $~~~ rn~ !-; O ~~~ ~~. ~, rn I I 1 t ~-Z~ t-~~ ~~~~ ~G %~ R~ C--- «~ ~~> l_ 0 ~' ~" ~ ~ .~ ,.v a(Q v~ J ~y ~ ~ ~ o \1 N ~~ J ~~1 ~Y .111 ~0 ~I ,y '~ t-~ ~l. /• ~ ~ ~/ K 1~ / / I~ ~` ~~. 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I Q' ~ U :1 -_ 1 ~ ~) ~ ~ <~_ p~ ~ ~ ~,, ~ ~ c ol ~~ ~ ~~ ~ o 0 u~ ~= ' J Q ~ o ~ ~, ~ s -~ ~ 111 ~~~° W G) LU N U ° XU ~ ~oJ F- ~ ~- ~,~ Q CU <c `~° za~::> ~` I l~ I L1~ ~~ r III t v ,~ ~~ ~I -~_j _ _____._ .L-i1 AEG ~ ~ II ~! ~~ I,1 ~;I I I ~ ~__ Otlr I **~ - -- i I ~N~ ~~w O O F" z `~ 0~~ 9 ~- ~~~ ~W ~~~ j ~~~ ~~oo i ~Q~ Q~w ~Q ~ NQ~ ~~~ t~ t!'i t!1 ~~~ w I~ ~ ~~~ ~~ J ~~ ~ ~~ ~ ~NH 0 1L O 4 t `~ TO~~'N OF NANTUCKET ZONING BOARD OF APPEALS LIST OF PARTIES IN II~'TEREST IN JTHE MATTER OF 1-I-IE PETITION OF PROPERTY OWNER:.......~CcS.c'_`?.!'1............~.-,')C ... ..........................._.. t MAILING ADDRESS:.........~ ......................cc....................../................................. PROPERTY LOCATION:...........~~.~~.........C.'~~~?.~.L...S.~?i- T- ASSESSORS MAP/PARCEL:..._...~.~~~..~.~_ ...../..~...~...~-~ ................_. SUBMITTED BY :.......................................................................................... SEE ATTACHED PAGES I certify that the foregoing is a list of persons ..'ho are o~mers of abutting propertti~, o~~ners of !and directl~• opposite on any public or private street or ~~~ay; and abutters of the abutters and all other land o~ti•ners ~~ithin three hundred feet of the propem• line of owner's property, all as the~• appear on the most recent applicab'e taz list. (M G.L. c. BOA, Section 1 1 Zoning Code Chapter l 39. Section 139-29D (2) ) DAT)/ ! / ASSESSOR'S OFFICE TOWN OF NANTUCKET (~ 06/01/00 TOWN OF NANTUCKET 09:36:15 OWN ER'S MAILING ADD RESS LIST Map Block Lot Owner's/Co-Owner's Name Mai ling Address/ Cit y State Zip Pr operty Location 4242 0028 TEASDALE ANN R PO BOX 157 0019 S WATEP. ST TIMMS NIGEL JOHN NANTUCKET MA 02554 4242 0070 BREWSTER £QUITIES LLC 202 BEACON STREET 0010 S BEACH ST EXT C\O ROBERT L CHAMPION JR BOSTON MA 021 16 4242 0027 BREWSTER EQUITIES LLC 202 BEACON STREET 0012 OAK ST C\0 ROBERT L CHAMPION JR BOSTON MA 021 16 4242 0067 YOUNG ROGER A & CYNTHIA N PO BOX. 1229 0028 EASY ST IJA NTUCKET MA 02554 4242 0017 JUDSON J RICHARD & CARD LYN PO HOX 368 0029 EASY ST FRENCH TRUSTEES ETNA NH 03 750 4242 0018 ARNO JOSEPH V PO BOX 1319 0027 EASY ST NANTUCKET MA 02554 4242 0020 INGALL FLORENCE PO BOX 1222 0021 EASY ST C/O CLIFFORD MRS F NANTUCKET MA 02554 9242 0015 WOODS HOLE MARTHAS VINEYARD & PO BOX 284 0003 STEAMBOAT WF NANTUCKET STEAMSHIP RUTH WOODS HOLE MA 02543 4242 OOi7 JUDSON J RICHARD & CA RO LYN PO BOX 368 0029 EASY ST FP.ENCH TRUSTEES ETNA NH 03750 4231 00112 DREAMLAND TH£ATkE INC PO BOX 547 0018 EASY ST NANTUCKET MA 02554 4231 00:11 DREAMLAND THEATRE INC PO BOX 547 J017 S WATEP. ST NANTUCKET .1A Oi554 4231 0012 WINTHP.OP NANTUCKET 2 REALTY TR po box 359 0015 S WATER ST C/O SHEP.B U P.NE ASSOCIATES 9ANTUCKET MA 02554 4231 00:7; HESS WALTER R TR ?O BOX 359 0011 S WATER ST SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4231 C013 KILLEN ANN S TR PO 30X_ 1166 0014 EASY ST LOBSTER P01' NOM IIJEE TRUST NANTUCKET MP. 02554 4231 001E 'NANTUCKET TOWN OF 001 6 BP.OAD ST 0006 EASY ST NANTUCKET MA 0255] 4231 007° KILLEN PAUL BRUCE & PO BOX 1166 0010 EASY ST LOTHIAN D K TRS £TAL 1ANTUCKET MA 02554 4231 0131 E M R E CORP PO BOX 726 0007 S WATER ST NANTUCKET MA 02554 9231 0130 WEST JOHN & HENF.Y K:-.TY. LE ET! 0024 CEtSTRE ST 0001 CAMBRIDGE S'~' LJAIJTUCK£T MA 02554 4231 0074 NANTUCKET ATHENEUM LIS!=A%i PO EO?: 308 0001 INDIP_ ST fANTUCKET MA 02554 4231 016 WIIJTHROF IdA NTUC}:ET .. ___~T-i TP, po bor. 59 0004 S WATER S. C/O SHERBU P_I1£ ASSCCIATES tANTUCKET IAA 02554 4331 0178 PII CHAEL SCOTT REALT~i COEP EO? : ~~~_ 0017 MAIN ST I1~.IJTUCKET MA 02554 42::1 T_33 'IS LAC}: CORF TP_USTcE _45 :ti-~H itJGTOPS S_ 303 0005 S WATEP S_ SO WATER ASSOC RE=.LT'i TRU ST WELLESLEY MA 024°1 4231 0133 PACIFIC CLUB INC FO BO}: 1227 0015 MAIN ST tANTUCKET MA 02554 ,4231 0134 H£SS WALTER R TR PO BOX 359 0001 MAIN ST SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4231 0181 'HALLE F.AN AP.THU P. J ..T AL TRS FO BOX. 359 ZERO MAIN ST S E=:E UEIdE ~~_.,~: ___~ .RTS T...._ _ 2:=DJTUCKET MA 02554 4231 0140 SHERH UP.t1E ASSOCIATES FO 30?: 359 0015 CANDL£ 5. NANTUCKET MA 02554 P:-.GE 1 MUAS750 5.3 e 06/01/00 TOWN OF NANTUCKET PAGE 2 08:36:15 OWNER'S MAILING ADDRESS LIST MUA5750 9.3 Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Pr operty Location 4231 0087 MCCREADY RICHARD J ETAL TP,S PO BOX 359 0002 NEW WHALE ST WINTHROP NANTUCKET tJOM TRST NANTUCKET MA 02554 4231 0086 NANTUCKET ISLAND PRODUCTS CO I PO BOX 653 0020 STP.A IGHT WF NANTUCKET MA 02554 4231 0139 HESS WALTER R TP, PO BOX 359 0016 STRAIGHT WF SEIERBUP.NE ASSOCIATES R T tANTUCKET MA 02554 4231 0138 *NANTUCKET HISTORICAL ASSN PO BOX 101E 0012 STRAIGHT WF NANTUCKET MA 02554 4231 0137 *NANTUCKET HISTORICAL ASSN FO 6OX 1016 0010 STRAIGHT WF NANTUCKET MA 02554 42'.1 01361 TRAINOR GARY E & KELLI A 6B STR.AIGHT WHARF 006B STRAIGHT WF NAJJTUCF:£T MA 02554 4231 01362 TRAINOR GARY E & KELLI A 68 ST P.A IGHT WHARF 006C STP,A IGHT WF NANTUCKET MA 02554 t 4231 01362 TRAINOR GARY E & KELLI A 6E STRAIGHT WHARF 006C STRAIGHT WF NANTUCKET M,A 02554 4231 01363 RUBIN MARCIA P PO POX 959 006A STRAIGHT WF IJANTUC}:ET N,A 02554 4231 0135 HESS WALTER R TR PO BOX 359 J002 STRAIGHT WF SHERBURNE ASSOCIATES R T tJP NTUCK£T MA 02554 4231 0224 SHERBURNE ASSOCIATES PO BOX 359 - 0000 STRAIGHT WF NANTUCKET MA 02554 4231 OC79 GIFFO P.D JOHN F TR E6 CO LBOUP.NE CT 0004 EASY ST FAWN GROVE REALTY TF.UST BF.OO Y.LZNE My 02445 4231 0069 KILLEIJ SIDNEY H ~ PO BOX 1166 0001 OLD NORTH WF NANTUCKET MA 02554 4231 0091 GiFFJ2D JOHN F TR ~ HA£BOR SQUARE 0004 STILL DOCK CJO PROVISIONS NANTUCKET MA 02554 4231 0082 OROU F.KE MARILYN J Ol0i LINCO Ltd RD 0007 OLD NORTH WF LINCOLN MA 01773 9231 0024 PUNNETT ALEXAND P.A L 11 OLD tJO RTH WHP_RF 0011 OLD NORTH WF tANTUCKET M=_ 02554 4231 0083 SHERMAN HELEN WILSON 0004 WESTMINISTEP. ST - ~ 204 0010 STILL DOCK idATITUCKET Mr_ 02554 4231 OD26 MALONEY ROSALIE T FECA GR£NNAN PO BC:i 1292 0015 OLD NORTH WF NANTUCKET M3 02554 421 0027 LUCKS JO HPJ E ETAL TRUSTEES __~ ~_~T BPOAD 5"^ SJITE 505 OOi7 OLD NORTH WF ~C LL`lsBUS C^ =3215 4.-i 0039 FARBER LEONARD L & ~~., _ --_ OL.=_S L~:_ ;880 0021 OLD NO P,TH WF ANTJE L ?0=T L.yUDErD =_LE FL 3..301- 2231 42~i 00.°,4i TARDP.NICO MA P.Y JANE TP,USTEE _~ _.,._ X04 014B STILL DOCK MOTHEP.S WHA P,F REA LT TF_UST -_AIJIJIS?0 ~":' M?. 02647 43 GCP~42 MCGLINN THOMAS E _.. _~.. ='.94 014C STILL DOCE ..:,';TUC}:ET h:=_ 02554 42=~1 G0943 *SAMPER HECTOR & NANCY LEATHER =385 FCOD VP.LLEY ROAD 014D STILL DOCK Y•,O UNTAINSIDE IJJ 07092 421 00844 WANTZ RICHARD B & EMILY S C2~5 GAK RIDGE AVE 014E STILL DOCK S U~iM IT NJ 07901 42:1 00845 SCOTT THOMAS W & CONTI PAUL D _.. n.,.. X798 0014 STZLL DOCK 5_.-,_ C0~5 GOODALL SUS Atd G & HE P.B E R'?' :, _~> __=_~ :iE~T ~~..=- 0018 ST?LL DOCK; FONTE VED P.A. FL 32082 06/01/00 TOWN OF NANTUCKET PAGE 3 08.36:15 OWNER'S MAILING ADDRESS LIST MUA5750 9.3 Map Alock Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 4231 0020 DUNFEY JOHN P TR 230 COMMERCE WAY SUITE 300 0008 OLD NORTH WF JOHN P DUNFEY REALTY TR PORTSMOUTH NH 03801 4231 0023 PENNY GEO P.GE W III 3205 ~38 ST NW 0010 OLD NORTH WF WASHINGTON DC 20016 4231 0251 OLD NORTH WHARF COOPEPATIVE I?J C/O PO BOX 268 0012 OLD NORTH WF NANTUCKET MA 02554 4231 0252 OLD NORTH WHARF COOPERATIVE IN 3 MILL ST 0014 OLD NORTH WF C/O SANFO RD COTTAGE TRUST NANTUCKET MA 02554 4231 0253 OLD NORTH WHA P.F COOPERATIVE I?< 3 MILL STREET 0016 OLD NORTH WF C/O SANFORD EDWA P.D ETAL TR S NANTUCKET MA 02554 9231 0254 OLD NO P.TH WHARF COOPE P.ATIVE I?: 0066 FLAX RD 0018 OLD NORTH WF C/O FOWL};ES GEORGE A JF. T2 FAIRFIELD CT 06430 42:1 0255 OLD NORTH WHARF COOPERATIVE I?+ ?O BOX 809 002C OLD NORTH WF C/O WHARF RAT CLUB INC NANTUCKET MA 02554 e 4231 0256 OLD NORTH WHARF COOPERATIVE iN 555 ALBION AVE 0022 OLD NORTH WF C/O DOUGLASS DAVID & SUS AIJ WOODSIDE CA 94062 4231 0225 OLD NORTH WHARF COOPERATIVE FO SOX 187 ~ 002°. OLD NORTH WF C/O SANFORD ALFRED F ET~_L TES NANTUCKET MA 02554 4229 0001 HESS WALTER R TR FO BOX 359 0000 STRAIGHT WF SHERBU P.NE ASSOCIATES c T NANTUCKET MA 02554 4224 0001 HESS WALTER R TR FO AOX 359 0000 STRAIGHT WF SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4242 0028 TEASDALE ANN R PC BOX 157 0019 S WATER ST TIMMS NIGEL JOY.N NANTUCKET MA 02554 x231 0017 HURD PETER K § ANNETTE M ~ 0251 MAIN ST 9007 EASY ST / - HUNTINGTO21 NY 11743 '~ NUMBER OF RECORCS = 65 <<~.~r Fax ta'NTUC/rE,r 0 3: N 0 u r~ • c~~-~. -ny~• ~'gpORATE~~ Name: Paul DeRensis Organization: Deutsch -Williams Telephone: 1-617-951-2300 Fax: 1-617-951-2323 From: Catherine Flanagan Stover, Town Clerk Organization: Town of Nantucket Phone: 1-508-228-7217 office, 1-508-228-7841 home FAX: 1-508-325-5313 Date: December 1, 2000 Subject: APPEAL - (of) Constructive Grant on Arno Pages: 6 (Including cover sheet) Comments: PHILBRICK AND AVERY LLP Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Melissa D. Philbrick Emily Avery Tel: (508) 228-5151 Fax: (508) 228-5155 BY HAND DELIVERY Patricia R. Church Clerk of the Courts Nantucket Superior Court 16 Broad Street, P.O. Box 967 Nantucket, MA 02554 Re• Tudson et al v Hourihan, Tr. et al. Dear Patricia: R. Penelope Scheerer December 1, 2000 Enclosed for filing is a Complaint Appealing Constructive Grant of Special Permit by Zoning Board of Appeals. Also enclosed is a check made payable in the amount of $185.00 for the filing fee. Please call me if you have any questions. Sin rely, ` ~~/, Melissa D. Philbrick enc. cc: Mr. and Mrs. J. Richard Judson, w/enc. Ms. Ann Killen, w/enc. Ms. Florence E. Clifford, w/enc. Town Clerk, w/enc., by hand Kenneth A. Gullicksen, Esq., w/enc. Ms. Linda Williams, Administrator, ZBA, w/enc. COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. J. Richard Judson and Carolyn F. Judson, Trustees of 1946 House Realty Trust, Ann Killen, Trustee of Lobster Pot Nominee Trust, and Florence E. Clifford Plaintiffs v. William P. Hourihan, Jr., D. Neil Parent, Nancy J. Sevrens, Dale Waine, Edward Toole, Michael O'Mara, Edward J. Sanford and Edward Murphy as they are members of the Nantucket Zoning Board of Appeals and Joseph V. Arno Defendants Superior Court C.A. No. 00- H`L Complaint Appealing Constructive Grant of Special Permit by Zoning Board of Appeals 1. J. Richard Judson and Carolyn F. Judson are individuals residing at 4 Wood's End Road, Etna, NH 03750 with a summer residence at 29 Easy Street, Nantucket, MA 02554. They are the Trustees of the 1946 House Realty Trust which owns 29 Easy Street, Nantucket, MA 02554. Ann Killen has a residential address of 10 Easy Street, Nantucket, MA 02554 and is the Trustee for the Lobster Pot Nominee Trust which owns 14 Easy Street, Nantucket, MA 02554. Florence E. Clifford has a residential address of 21 Easy Street, Nantucket, MA 02554. The above-named are hereinafter referred to as "Plaintiffs." 2. Defendants William P. Hourihan, Jr., D. Neil Parent, Nancy J. Sevrens, Dale Waine, Edward Toole, Michael O'Mara, Edward J. Sanford and Edward Murphy are duly-appointed members of the Nantucket Zoning Board of Appeals (hereinafter the "ZBA"), having its office at 37 Washington Street, Nantucket, Nantucket County, Massachusetts. Melissa D. Philbrick Emily Avery PHILBRICK AND AVERY LLP Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Tel: (508) 228-5151 Fax: (508) 228-5155 R. Penelope Scheerer December 1, 2000 TO: NANTUCKET TOWN CLERK FROM: MELISSA D. PHILBRICK, attorney for J. Richard Judson and Carolyn F. Judson, Trustees of 1946 House Realty Trust, Ann Killen, Trustee of Lobster Pot Nominee Trust and Florence E. Clifford DATE: DECEMBER 1, 2000 NOTICE OF APPEAL On behalf of my clients, J. Richard Judson and Carolyn F. Judson, Trustees of 1946 House Realty Trust, Ann Killen, Trustee of Lobster Pot Nominee Trust, and Florence E. Clifford, I hereby notify you that we are appealing to the Superior Court of the District and County of Nantucket, Massachusetts the constructive grant filed with you by Kenneth A. Gullicksen, attorney for Joseph V. Arno, having a residential address of 27 Easy Street, Nantucket, MA 02554, wherein Joseph V. Arno claims that because Nantucket Zoning Board of Appeals failed to take action by filing a written decision reflecting its August 11, 2000 vote not to grant Joseph V. Arno a Special Permit, the Special Permit is deemed constructively granted. My clients herein appeal that constructive grant under M.G.L. Chapter 40A, Section 17. Please find attached a copy of the complaint as filed this day. erely, . ~ ~~~ - ' 3`~N ~.u .__.._. Melissa D. Philbrick ~~s~. . ;, _ ~{L~-.. ~....._..,._. COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. J. Richard Judson and Carolyn F. Judson, Trustees of 1946 House Realty Trust, Ann Killen, Trustee of Lobster Pot Nominee Trust, and Florence E. Clifford Plaintiff s v. William P. Hourihan, Jr., D. Neil Parent, Nancy J. Sevrens, Dale Waine, Edward Toole, Michael O'Mara, Edward J. Sanford and Edward Murphy as they are members of the Nantucket Zoning Board of Appeals and Superior Court C.A. No. 00- y ~• Complaint Appealing Constructive Grant of Special Permit by Zoning Board of Appeals ~~..4 , ATTEST DES - 1 2000 ,-r f-. t+~ANTUCKFTSEI'~'~i ~~r~ ~s',,~ ~=., , .. Joseph V. Arno Defendants 1. J. Richard Judson and Carolyn F. Judson are individuals residing at 4 Wood's End Road, Etna, NH 03750 with a summer residence at 29 Easy Street, Nantucket, MA 02554. They are the Trustees of the 1946 House Realty Trust which owns 29 Easy Street, Nantucket, MA 02554. Ann Killen has a residential address of 10 Easy Street, Nantucket, MA 02554 and is the Trustee for the Lobster Pot Nominee Trust which owns 14 Easy Street, Nantucket, MA 02554. Florence E. Clifford has a residential address of 21 Easy Street, Nantucket, MA 02554. The above-named are hereinafter referred to as "Plaintiffs." 2. Defendants William P. Hourihan, Jr., D. Neil Parent, Nancy J. Sevrens, Dale Waine, Edward Toole, Michael O'Mara, Edward J. Sanford and Edward Murphy are duly-appointed members of the Nantucket Zoning Board of Appeals (hereinafter the "ZBA"), having its office at 37 Washington Street, Nantucket, Nantucket County, Massachusetts. 3. The residential addresses of the ZBA Commissioners in Nantucket, Nantucket County, Massachusetts are as follows: William P. Hourihan, Jr. D. Neil Parent Nancy J. Sevrens Michael J. O'Mara Edward Toole Edward Murphy Edward J. Sanford Dale Waine 26 Hawthorne Lane 31 Old South Road 24 Vesper Lane 240 Polpis Road 28 Burnell Street, Siasconset 163 Orange Street 3 Mill Street 11 Bishops Rise 4. Defendant Joseph V. Arno has a residential address located at 27 Easy Street, Nantucket, MA 02554. 5. Defendant Arno owns the subject parcel of 27 Easy Street, Nantucket, which is shown on the Nantucket Assessors Map 42.4.2 as Parcels 18 and 19. Said land is shown as Lot G on Land Court Plan No. 8594-C and Lot 1 on Land Court Plan No. 8594-D at the Nantucket Registry District for the Land Court. 6. On July 14, 2000 and August 11, 2000, the ZBA held public hearings on Defendant Arno's application for a Special Permit to enlarge the building at 27 Easy Street. Defendant Arno's application (ZBA File No. 055-00) is attached hereto as Exhibit A (the "Application'). At the hearing, Plaintiffs objected to the ZBA's jurisdiction to hear the Application, arguing that the Nantucket Planning Board is the sole Special Permit Granting Authority under the Nantucket Zoning By-law because the proposed project is a Major Commercial Development under Section 139-11 of that By-law. In addition, Plaintiffs expressed their opposition to the proposed project based on the intensity of the expansion proposed and argued that the waiver of the parking and loading spaces required by Sections 139-18 and 139-20 of the Nantucket Zoning By-law would adversely impact the traffic in the area and that the size and intensity of the proposed project would have a detrimental impact on the neighborhood. The ZBA denied the requested relief by a vote of one in favor and four against granting the Special Permit. 7. On November 14, 2000, Defendant Arno filed a notice of constructive grant with the Town Clerk of Nantucket stating that the ZBA had failed to file a written decision, as required, within 90 days of the conclusion of the hearing. Defendant Arno's notice of constructive grant is attached hereto as Exhibit B. 8. Plaintiffs are aggrieved by the constructive grant of the Special Permit sought by Defendant Arno because: a. the constructive grant would be inconsistent with the Nantucket Zoning By-law because the Application was improperly before the ZBA instead of the Nantucket Planning Board and therefore would rest on a legally untenable ground; b. the constructive grant would be inconsistent with the Nantucket Zoning By-law because, as found by the ZBA at the public hearing, the requested waivers from parking and loading space requirements are not consistent with the Zoning By-law and therefore would rest on a legally untenable ground; c. the ZBA's failure to act in a timely manner would result in the granting to Defendant Arno of a Special Permit which the ZBA had voted against issuing to him; d. the ZBA's failure to act in a timely manner, a procedural requirement, would result in a substantive harm by permitting the construction of a large addition with increased residential and commercial uses and insufficient parking and loading spaces in violation of Sections 139-18 and 139-20 of the Nantucket Zoning By-law; e. the result of the issuance of the Special Permit would be permanent and irrevocable damage to the Plaintiffs' properties caused by the construction and use of the building addition described in the Application which exceeds the intensity of use permitted under the Zoning By-law; and f. it is unjust and unfair to inflict the damages described in Paragraph 8(e), above, upon Plaintiffs who have properly and in good faith followed the procedures of the ZBA and who have the right to expect that the August 11, 2000 vote of the ZBA will be enacted and enforced. 9. The constructive grant exceeds the authority of the ZBA based on the allegations set forth above. 10. The Plaintiffs bring this action pursuant to M.G.L. Chapter 40A, Sections 9 and 17. WHEREFORE, Plantiffs request that this Honorable Court enter judgment in their favor, as follows: (a) Annul the constructive grant attached as Exhibit B. (b) Remand the Application to the ZBA for the issuance of a written decision of its August 11, 2000 vote denying Defendant Arno's Application for a Special Permit, or in the alternative, find that the Application constitutes a "Major Commercial Development" under the Nantucket Zoning By-law and remand the application to the Nantucket Planning Board for consideration. (c) Enjoin the Building Commissioner from issuing a permit for the construction of the addition requested in the Application. (d) Issue such further relief as this Honorable Court shall deem appropriate. (e) Award Plaintiffs their costs of this action, including their attorney's fees, and such other and further relief as this Court shall deem appropriate under the circumstances. Dated: December 1, 2000 J. Richard Judson and Cynthia F. Judson, Trustees of the 1946 House Nominee Trust, Ann Killen, Trustee of the Lobster Pot Nominee Trust, and Florence E. Clifford By Their Attorney: Melissa D. Philb ick Philbrick and Avery LLP Zero Main Street P.O. Box 148 Nantucket, MA 02554 (508) 228-5151 BBO # 544169 EXHIBIT A BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 O~~CjJ\ CASE No. ~~JJ APPLICATION FOR RELIEF Owner's name(s): Joseph V. Arno Mailing address: c/o Reade Gullicksen, Hanley & Gifford, LLP, Six Young's Wav P. O. Box 2669, Nantucket, MA 02584 Applicant's name: Same as above Mailing address: Same as above Location of lot: Assessor's map and parcel number 42.4.2-18 Street address: 27 Easy Street Registry Land Ct Plan, pT.___-O~-P~ ~_ ==a== F==e 8594-C Lot G: 8594-D, Lotl Date lot acquired: 5/1/79 Cert. ofJTitle 8693 Zoning district RC Uses on lot - commercial: ~3e~-_ e~ one retail store P4E8? _ - number of : dwellings 1 dkrpleri= aka-~tmc~z~~e-ntal ~eems_ Building date(s): all pre-8/72? Yes or C of O? X Building Permit appl'n Nos. 12017-95 Case Nos. all BoA applications, lawsuits: 012-85, 28-89, 28-93~ ~'Z~-(~/ (~.~" 97i ~/~ "~~ State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139-32A _ if Variance, 139-30A X if a Special Permit (and 139-33A if to alter or extend a nonconforming use). If appeal per 139-31A _ & B _, attach decision or orders appealed. OK to attach addendum2 See Addendum. Items enclosed as part of this Application: orderl_ addendum2 X Locus map X Site plan X showing present X + planned _ structures proposed X elevations X(HDC approved? Yes) Floor plans present _ Listing lot area _ frontage setbacks _ GCR _ parking data W ~ Assessor-certified addressee list 4 sets X mailing labels 2 sets X ~ N $200 fee payable to Town of Nantucket X proof' _ 'cap' covenant _ ~ ~ 1(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) Q ~ ~ W ~ I certify that the requested information submitted is substantially _~ Y complete and true to the best of my knowledge, under the pains and - W Orf- penalties of perjury. V 1 W W // _ . WUU ,/ / SIGNATURE: lGw..-~-tt•cl~~/o.~ npp=i~a~~ Attorneys X ~ z ~ ' ~ Z (If not owner or owner's attorney, enclose proof of authority) C ~ f- Z FOR Bo OFFICE USE j /~) b ~ Application copies reed: 4_ or ~ $oA on ESL/ )lK/ One copy filed with Town Clerk on ~/ ~/QL) by complete? One copy each to Planning Bd and Building Dept / ~ by ~> $200 fee check given oy~ Treasurer on ~/ ~ ~ by aived? _ Hearing notice posted ~ /~~~ mailed ~~'~I & M ~f ~/~S~/ Hearing(s) on _/_/_ cont'd to _/_/_, _/_/_ withdrawn? _/_/_ Decision due by _/_/_ made _/_/_ filed TC _/_/_ mailed _/_/_ See related cases lawsuits other E:\wp\arno\27easyst\boaappl.doc 0 0 0 CV -- o ~~ = 9 7 Y Ll [~ >- w .~ CJ ATTEST: A TRUE COPY ~tiV / " NANTUCKET TOWN CLERK Addendum to Application of Joseph V. Arno In Board of Appeals File No. 075-97, applicant was granted .a Special Permit to construct a new building, with a ground cover of up to 3,991 square feet containing up to two retail spaces and/or office space totaling up to 3,491 square feet on the first floor. The remainder of the first floor will be storage, utility areas and stairway access to the second floor, which will contain two dwelling units. The proposed building complied with all ground cover and setback requirements of the By-haw. Because of delays in obtaining state and other local permits applicant was not able to commence construction of the building and the Special Permit has now lapsed. Applicant now seeks the same relief. The proposed building is substantially the same as that proposed in File No 075-97 with the same ground cover, floor area and uses. Applicant requests Special Permit relief from parking requirements under By-law Section 139-18B, off street loading requirements under By-law Section 139-20C and under By-law Section 139-33A and a site plan review under By-law Section 139- 23. A total of 21 parking spaces are required for the planned use of which 19 relate to commercial uses and 2 to residential uses. The applicant will maintain the one existing space and requests a waiver as to a total of 20 spaces. Waiver of all parking and loading requirements are permitted, the subject property being situated in the Core and Resident Parking Permit District. f:\wp\arno\27easyst\boaappl2.aa 1 T' 0~ .T~NT~ ,MN's e ~•~ ~ ,\ - -{ -- t,t \ `a ~/ _ / ~i~~ ~ ~~ vl~%~ ~' ~~ ~~ ~~~ ~~~~ ~~ , + ~~~~ ~~ ,_ ~.e ~1 . N'NT~`K t~ N ~ t Nt ~~'' i t `NH SN x r ~ • o ~~ ~ ~ ~ ~• is a / r ~~ ,. ` r._'y: 0 6 ~ O ~ 6) ~ ~ ~~ w ~ . w y e2 e~ a v Is n ~i ., ~ ti '~ J h r WAY T, ,~ , T > u ,, a y T .S p9 ~` ~ ~ °T rar ~ i! p{ '~ \ s z~ to V S J ~Ot ~ z~ ~. ;} ~ Et N t ~q ip 2T S~~E' W 21 1n~Vv ' ~ ~ i 1 N IG 1 ~N'~f t s• v ~~~~~~ ~~~~+~ _ 4' ` ~ ~~~~•ii .~ TTl~ ~ ~!\11711.\' /-1 r--~~!~ I a ~ •~~ ~~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February ~ 19 98 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner/Applicant: 075-9~' JOSEPH V. ARNO Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. -- --- ale W. Waine ~ Chairman cc: Town Clerk -- --- -Planning Board -_. _ - ~----- Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET ZONING 'BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 42.2.4, Parcel 18 Lot G, L.C. Plan 8594-C; 27 Easy Street Lot 1, L.C. Plan 8594-D Residential-Commercial Certificate of Title. No. 8693 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, January 9, 1998, at 1:00 P.M., in the Meeting Room, in the Annex to the Town and County Building, 37 Washington Street, Nantucket, Massachusetts, following notice and a public hearing in the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on December 5, 1997, which hearing was continued to December 16, 1997 in the Meeting Room, in the Annex to the Town and County Building, 37 Washington Street, Nantucket, Massachusetts, and then, due to the lack of a quorum, continued to Friday, January 9, 1998, at 1:00 P.M., in the Meeting Room, in the Annex to the Town and County Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of JOSEPH V. ARNO, c/o Reade & Alger Professional Corporation, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 075-97: 2. The applicant seeks a SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B (parking- requirements); under §139-20C (off-street loading zone requirements); and under §139-33A (alteration/expansion of a pre-existing non-conforming structure/use) and a site plan review under §139-23. The applicant proposes to demolish the existing structure and to construct a new building with a ground cover of up 'to 3,975 square feet containing up to two (2) retail spaces and/or office space totaling up to 3,675 square feet on the first floor and two (2) dwelling units on the second floor. The proposed building and uses require twenty-one (21) parking spaces, nineteen (19) for commercial uses and two (2) for the residential uses. One (1) parking space will be provided on site. The subject property (the "Locus") is located at 27 EASY STREET, Assessor's Map 42.4.2, Parcels 18 and 19, consisting of the land shown on Land Court Plan 8594-C as Lot G, and the land shown on Land Court Plan 8594-D as Lot 1. The Locus is zoned RESIDENTIAL-COMMERCIAL. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearings, including a finalized, detailed site plan by Nantucket Surveyors, Inc. dated N'ebruary 16, 1y9'/ as revised through December 11, 1997, submitted by the applicant, as required by Zoning By-law §139-23, showing the proposed layout of the building and site improvements. The Planning Board submitted a letter dated November 24, 1997, which expressed concerns and recommended that the Special Permit and Site Plan be denied on the basis of the incompleteness of the plans. The principal 1 concerns of the Planning Board resulted from its inability to determine or confirm from the site plan the square footage of the building, the landscape plan, engineering details of the driveway and sidewalk improvements, the parking requirements of the project and flood elevations. 4. By Special Permit issued in File No. 028-93, the Board granted the Applicant a waiver of up to 16 parking spaces and waived the loading zone otherwise required to allow the alteration and expansion of the structure to include a total ground cover of up to 2,450 square feet with two (2) retail spaces on the first floor and two (2) dwelling spaces on the second floor. The Applicant timely secured a building permit for the work contemplated in File No. 028-93, and timely commenced work thereunder. At the public hearing in File No. 027-96 the Applicant represented that after the commencement of this work, it was discovered that the soil of the site would not support the planned foundation. A modification of the Special Permit was granted to allow the work allowed by the Special Permit granted in File No. 028-93 to be done by demolition and reconstruction of the structure in the same dimensions allowed by the Board in that case. 5. The proposed project involves the construction of a new, larger building with a ground cover of up to 3,991 feet, a 49.90 ground cover ratio. There will be 3,491 square feet of retail space, containing up to two (2) stores and or office space on the first floor. Approximately 100 square feet of the first floor will consist of a stairway to the second floor. The remaining approximately 400 square feet of the ground floor will be devoted to utilities and storage. There will be two (2) apartments on the second floor. The proposed uses require 21 parking spaces under the By-Law; 17 for the retail space, two (2) for up to seven (7) employees at peak shift and one (1) for each of the apartments. 6. The Board finds that because only 19 of the parking spaces are required for commercial uses, and that 20 spaces for commercial uses are required under the By-law to classify it as a Major Commercial Development on the basis of parking, the project is not a Major Commercial Development under the By-law. The Board further finds that the waiving of 20 of the total number of 21 required parking spaces, with provision of one conforming parking space and an additional "stacked" space behind it, would be in harmony with the general purpose and intent of the By-law; that compliance with the parking requirements of the By-law would be physically impossible for the applicant to provide; and that providing parking in excess of that required by this decision would have a significant and adverse effect on the scenic integrity of the neighborhood and be contrary to sound traffic and safety considerations. In addition the Board finds the waiver of the on site loading zone is also in harmony with the general purposes of the By-law in that there are loading zone spaces proximate to the Locus. The Board also found that the 2 concerns of the Planning Board were adequately addressed by the applicant in plans submitted subsequent to the Planning Board's submission of its letter. 7. Therefor, we find that the granting of relief by Special Permit to remove or demolish the existing structure and to construct a new one as proposed by the applicant will not be substantially more detrimental to the neighborhood than the existing or permitted structure and uses, which are nonconforming due to a lack of parking. In fact, the demolition or removal of the existing structure and construction of the proposed new structure will be a benefit to the neighborhood .because it will meet the current building code, be handicapped-accessible, and provide a wider sidewalk, allowing pedestrians easier access to the Steamship Authority while keeping them off the street and thereby helping to alleviate traffic congestion in the area of the Locus. The proposed building will be the same distance from the southern lot line of the Locus. The Board considered requiring that an additional parking space be provided in that area but it was pointed out that the curb cut for such a space would result in the loss of a parking space in the street and therefor no net gain of parking. A car backing out of such a space would also contribute to traffic problems. 8. Accordingly, by a vote of four (Waive, Williams, Hourihan and Madden) members in favor, and one (Sevrens) opposed, the Board GRANTED the SPECIAL PERMIT, as requested, under Nantucket Zoning By-Law §139-18B (parking requirements); under §139-20C (off-street loading zone requirements); and under §139- 33A (alteration/expansion of a pre-existing non-conforming structure/use) thereby waiving twenty (20) parking spaces and the off-street loading zone, to allow the structure to be demolished or removed and a new structure to be constructed. 'The new structure shall have up to two retail spaces and/or office space on the first floor and two dwelling units on the second floor. 9. The relief hereby granted is subject to the following conditions: (a) One (1) of the dwelling units shall be occupied on a year-round basis, by the owner or a tenant, and shall not be rented seasonally or offered for transient residential use. (b) There shall be no more than a total of seven (7) employees on site at peak shift in the retail spaces on the first floor. (c) Two nine-foot by-twenty fUOt "stdcltea" poll:iiig spaces shall be provided on the north end of the Locus. (d) There shall be no more than two (2) retail and/or office spaces on the first floor. No food service establishments or alcohol beverage service shall be permitted. 3 (e) There shall be a maximum of 3,491 square feet of retail space on the first floor. (f) The building shall be constructed in substantial conformity with the site plan by Nantucket Surveyors, Inc. dated February 16, 1995, as revised through December 11, 1997 presented to, endorsed by and on file with the Board of Appeals under By- law X139-23 in connection with this application. (g) As voluntarily offered by the Applicant and accepted by the Board, no exterior construction shall be conducted during the period of May 15 to the day following Columbus Day in any year. ,,,, o _ (~PJ ~ Dated: f"~br4ary ~, 1998 ~-~`~- ~°'`~`A" ale W. Waine ~,~~ ~o ~~„ 1~ William P. Houriha ;, Jr. Linda F. Wi liams Nancy Sevrens L ~~1 Timothy Madden f:\wp\arno\27easyst\07597boa.dec 4 (\ 1. s /_ w;= ' ~O o o o~g ~o : rrv O ~ p p ~ v wz J ~ CYz J ---- . w ~ w w ~ u. w z O ~~ O S 0 u a` ~I .~ ~- z O ~- ~ ~~ -u 11~ -. r W. 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L___.. i i .o,w ii '~ -- -~ ~N~ ~~~ ~ Q F- z~~ ~z~ ~~~ ~W ~~~ ~o ~~ o w~~ Q~w N~~ ~~~ ANN ~~~ W J 0 a, ~ ~~~ ~~ ~i ~~~ ~~~ I ~~° O O O P r d ,•~,. w,. ,Q.,a --- .a,va r ~ i~ TO~~TI OF NANTUCKET ZONING BOARD OF APPEALS LIST OF PARTIES IN INTE/~REST IN THE MATTER OF THE PETITION OF PPOPERTY OWNER:.......`~C>..~.c'~?.~•...........1-~,-,~C ................................... ivIAILING ADDRESS:.....~ ............................................................................ 1_ PROPERTY- LOCATION :............~~..~.........~.;~<.~.~.~....S.~t't': ~ ASSESSORS MAI'/PARCEL:........~.J~..~.~.. .....1..~...f:...~..9 ................ .. SUBMITTED BY SEE ATTACHED PAGES f certify that the foregoing is a list of persons who are o~~~ners of abutting propem-, o~~•ners of land directl~~ opposite on any public or private street or wav; and abutters of the abutters and all other land o~~-ners ~~'ithin three hundred feet of the properh' line of owner's propert}~, all as the~~ appear or, t^~ most recent applicab'e tax list. (M.G.L. c. 40.a, Secron 1 1 Zoning Code Chapter 139. n T F, r• :_ 1. ~(_ - j; ................. f.....a....... '~. ~. ASSESSOR'S OFFICE TO~~' OF NANTUCKET 06/01/00 TOWN OF NANTUCKET 03:36:15 OWN ER'S MAILING ADDRESS LIST Map Clock Lot Owner'o/Co-Owner'a Name Mai ling Address/City State Zip Pr operty Location 43;2 0028 TEASDALE ANN R PO BOX 157 0019 S WATER ST TIt4M5 NIGEL JOHN NANTUCKET MA 02554 434' 007J 8RF'WSTER EQUITIES LLC 202 BEACON STREET 0010 S BEACH ST EXT' l'\U ROIiER'I' L CIIAMF'lON .7R BOST'ON MA 021 16 4242 0027 AP,EWSTER EQUITIES LLC 202 BEACON STREET 0012 OAK ST C\0 ROBERT L CHAMPION JR BOSTON N,A 021 16 43;2 0067 YOUIJG ROGER A S CYN1't1IA tJ PO 8OX 1229 0028 EASY ST' NANTUCKET MA 02554 4?.? 0017 JUDSON J RICHARD & CAROLYtJ PO BOX. 368 0029 EASY ST FRENCH TP.USTEF.S ETNA N}i 03750 4_;3 9018 AP.IJO JOSEPfI V PO HOX 1319 0027 EASY ST tANTUCKET MA 02554 43;3 0020 INGALL FLORENCE PO BOX. 1222 0021 EASY ST C/O CLIFFORD MRS F NANTUCKET MA 02554 4242 0015 WOODS HOLE h1ARTHAS VINEYARD & PO BOX 284 0003 STEAMBOAT WF NANTUCKET STEAMSHIP AUTH WOODS HOLE MA 02543 4_'43 OOi"7 JUDSON J RIC}iA RD & CARO LYN PO HOy. 368 0029 EASY ST FRENCH TRUSTEES ETNA NH 03750 4'31 00112 DRF.AMLJ,ND THEATRE IIJC PO BOX 547 0018 EASY ST NANTUCKET MA 02554 4231 00:11 D2EAMC,AND THEATRE INC PO BOX 547 J017 S WATER ST NANTUCKET tfA 0"e554 4231 0012 WItJTHP.OP NANTUCKET 2 REP.LTY TR po box 359 0015 S WATEP. ST C/O SH EP.BUP.NE ASSOCIATES NANTUCKET NA 02554 4331 007.', HESS WALTEP. P. TR ?O 60:? 359 0011 S WATER ST SHERBURNE ASSOCIATES R T tJANTUCF;ET MA 02554 4231 001: KI LLEJJ ANN S 1'R ?O 3OX 1166 0014 F.ASY ST LOASTEP. PO1' tJOM INEE TRUST tJANTUC}:ET MP O'_'i54 ,331 0016 'N:,t!TUCKEI' TOWIJ OF 0016 EP.OAD ST 0006 EASY ST NANTUCKET M,A 02554 4231 007° F:I LLEN PAUL HP.UCE & PO 6OX 1166 0010 EASY ST LOTHIA.IJ D K TP.S ETAL 11ANTUCF:ET MA 02554 ,_'31 0131 Fi M R E COP.P PO BOX 726 0007 S WATER ST NAIJTUCY.ET MA 03554 ,_~_ 01.0 WES'?' JOHII & f1ENBY }:ATIi LEE7J 00 '_4 CENTRE ST 0001 CAMBN.I DGE S. tJANTUC}:ET h1?. 0_'554 ,__= 0074 !!::!!~~i: t:y3^, ;:'Sii E:!JEIP•1 LlJ; i-:A~. ~i PO t(i:•: 50.; - 0001 1IJDIA_ ~T ,___ nt-'.±. id1l:-ii'r.GP J!!'TUC};ET' _' PE~LTi TF. po boi: 355 0004 S l.;:TE F. _. .'O _.._r:HUEt,._ r..,SG.;=....:_ it~.1JTUCF._. K~ .,2554 .,_. ~_.. ~,.,.... ... ..~ ...._. :, ;, 0017 P;;!_J _. ...._.. Ji..3T ...-. SSC, SO 4:ATEr. ASSUC FE=L?'~i T_.?UST WELLESLEY M 034°1 ,___ 0'33 PACLFiC CLLR IIJC FO 80%: 1227 0015 h1AIIJ ST I:ANTUC}:ET Ml-. 03554 ,___ 0134 ..___ l:?: L,TEF. ~ TR .'O 8O:C 359 0001 MAItI ST S!iEEF-, ...'.;J!; ...,'_'OCI:,_:._ -. ~+AtJ1'UCf:ET M.. ~_.,~. ._-_ 0140 SHi: FS: :; FIi~ r.~~OC'1l:TES FJ $Ui: X59 0015 C:,NL`LE ::, NANTUCKET Ml: 03554 PAGE 1 MUAS750 9.3 ~ T 06/01/00 TOWiJ OF NANTUCKET PAGE ,. 09::6:15 OWNER'S MAILING ADDRESS LIST MUA5750 9.3 Map Blocl; Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Pr operty Location 4231 OOB7 MCCKEAUY Y.ICHARD J ETAL TP.S PO HOX. 359 0002 NEW WHALE ST WIIJTHA.OP NANTUCKET FJOM TRST NANTUCKET MA 02554 4231 0086 iJA1JTUCKF•.T ISLAND PRODUCTS CO I PO BOX 653 0020 STP.AIGfiT WF • IJA1J9'IlC'k fiT MA 0? ;S4 4231 0139 HESS WALTEP. R TR PO BOX 359 0016 STRAIGHT WF SHEP.BUP.NE ASSOCIATES R T NANTUCKET MA 02554 4231 0139 •NAIJTUC};ET HISTORICAL ASSIJ PO BOX 1016 0012 STRAIGHT WF IJAtJTUCKET M.4 02554 4231 0137 •11AIJTUCKET HISTORICAL ASSN PO BOX 1016 0010 STRAIGHT WF NANTUCKET h;A 02554 9231 01361 TRAIIJOR GARY E & KELLI A 6B STRAIGHT WHARF 006B STRAIGHT WF NANTUCKET MA 02554 4231 01362 TP_AINOR GARY E & KELLI A E6 STRAIGHT WHF.RF 006C STRAIGHT WF NP.!JTUCKET MA 02554 4231 01362 TRAINOR GI, P.Y E & KELLI A 6B STRAIGHT WHAP.F 006C STRAIGHT WF LJAIJTUC};ET NA 02554 4231 01363 F.UBIN MAP.CIA P PO BOX 959 006A STPAIGHT WF NANTUCKET I^.A 02554 4231 0135 }i F.SS WALTER P. TR PO EOX 355 J002 STRAIGHT WF SHERBUR?]E ASSOCIATES R T NA?JTUCKET MA 02554 4231 0224 SHEP.BURNE ASSOCIATES PO BOX 359 - 0000 STRAIGHT WF NAtJTUCF;ET NA 02554 4231 OC79 C:IFFOP.D JO}1IJ F TR B6 COLBOURNE CT 0004 EASY ST FAWN GROVE REA LTI' TRUST BROOKLINE h1A 02445 42x1 OGEO r;I LLEN SIDtJEY H PO BUX 1166 0001 OLD NORTH WF IJA IJTUC}:ET NA 02554 4231 OOP1 GIFFJ2D JOHtJ F TR 3 HAF.BOP. SQUARE 0004 STILL DOC}; C/O PP.OVISIONS NANTUCKET MA 02554 4231 ~i09= OF.OUF.K~ MARI LYN J 0101 LINCO LtJ P.D 0007 OLD tJORTH WF LItiC0 L1J 1•;=. 01773 4231 0031 PU11hiETT P.LEX.AIIDRA L 11 OLD NOP.TH Wu,=.HF 0011 OLD NORTH WF Nk?JTUCK2T F;A 02554 4231 0093 SHEP.MAIJ HELEN WILSON 0004 WESTI9IFJISTER ST - ~ 204 0010 STILL DOCK tIP.!ITUCK ET !?=. 02554 4331 003E :4ALOIJEY EOSALIE T FKA GRENtJAtJ ?0 BOT: 1393 0015 OLD NORTH WF .~....TUCCET :..-. 02554 43::1 0:: `"- Li1;'!'S JOE:! E ETAL TF.USTEF.S _.~ c.:=. SPO?.7 =- 3L'?T? ^C~ 0017 OLD 1JOP.T11 WF _:,. ,.. .....-.... .._OaAPD L i. .~. _ ._-~ Oi, =. _' .-._... .."-- 00'_1 OLD 1!OF.TH YJF ..~iT~_ L ...-.. ....__.r._ i.E c_ _=501-2 31 ,_.. _ ,. -.__..!il Ci, 5.....i JA1JF. TPUS?'E= -. ..,.. _:, 014B STILL DOC}: ,.. 7~J. GOH~", •.^,.y h; }`!i P, HF.CTOP. & NANCY LEATH cP. _~85 WOOS VA LLE'_' POAD 0140 STILL DOC}; F7O!rNTAIKS?iE IJJ 07092 4'_31 CGE.~~ WA!i':~ P.IC:-:yP.D B & EMILl' S C235 0=. is P.IDGE -... 014E STILL DOCK ,_".. ~... TF'"!?. l•i r;. CO}I'I'] r.U'. .. =. _..... -.- 0014 STI LI. DOC}: ._.. c:-., (;;::;:;.-~.!~!. _. JaJ G & IiEF,iS i'.'r:'!' .. _.. .r:.... ..:._. ___-.. OC1` 5'1'1 LL DOC}: r^ONTE VEi, F. FL 33092 w ( ~ OG/O1/OU '1'U WIJ OP NAIJ'1'U CV:ET ['AGE: 3 09:36:15 OWNER'S MAILIIJG ADDRESS LIST M UAS750 9.3 Map Bloc Y. Lot Owner'c/Co-Owner'n Name Mailing Addreaa/City State Zip Property Location 42:1 0020 DUIJFEY JOfiN P TR 330 COMMERCE WAY SUITE 300 0008 OLD NORTH WF JOHN P DUNFEY REALTY TR PORTSt4OUTH NH 03801 4231 0023 PENNY GEO P.GE W III 3305 39 ST tJW 0010 OLD NORTH WF WASHINGTON DC 20016 4_'31 0251 OLD NORTH WHARF COOPEPATIVE IN C;O PO BOX 269 0012 OLD NO P.TH WF NANTUCKET MA 02554 4_'31 0252 OLD NORT}i WHARF COOPERATIVE IN 3 MILL ST 0014 OLD NORTH WF C/O SANFORD COTTAGE TRUS'P NANTUCKET MA 02554 4231 0253 OLD NORTH WHARF COOPERATIVE IN 3 MILL STREET 0016 OLD NORTH WF C/O SANFORD EDWARD ETAL TP.S NANTUC Y.ET MA 02554 4331 0254 OLD NORTH WHARF COOPE P.ATIVE IN 0066 FLAX RD 0019 OLD NORTH WF C/O FOWLKES GEO P.GE A JF. TR FAIRFIELD CT 06430 4231 0255 OLD NORTH WHARF COOPERATIVE IN FO BOT: 909 002C OLD NORTH WF C/O WHARF RAT CLUB INC NANTUCKET MA 02554 4231 0256 OLD NORTH WHARF COOPERATIVE IIJ 555 ALB IOtJ AVE 0022 OLD NORTH WF C/O DOUGLASS DAVID & SUSAN WOODSIDE CA 94062 4231 0225 OLD NORTH WHARF COOPERATIVE FO BOX. 187 0023 OLD NORTH WF ('/O ::A NI'O AU AI~P RIiII P li'I'A I, Ti>5 NAt19'U ('H. ii'P MA 07. 5 `~4 4224 0001 HESS WALTER R TR PO BOX 359 0000 STRAIGHT WF SHERBUP.IJE ASSOCIATES R T NANTUCKET MA 02554 422< 0001 HESS WALTER R TR ~ FO EOy. 359 0000 STRAIGHT WF SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4242 0028 TEASDALE ANN R FC BOX 157 0019 S WATER ST TIMMS NIGEL JOHN NANTUCKET MA 02554 423! 0017 HURD PETER K & AIJN ETTE M 0251 MAIL] ST 0007 EASY ST ' / ~ rl 'r ~zv 1 ~ HU[JTINGTOtJ IJ'i 11743 S` ~C l ~ l `1~~~~' ~, ~> , ~ ~ . ~ mi , . ~ NUMBEF. OF P.EC ORCS = 65 ;~ v~7r ~ ~ ~' V .!~ C'r n-ia ! ~5~ ti X~ ~~i. ,, uir , i ~ EXHIBIT B EXHIBIT B .r „~ REAUE~ GULLICKSLN~ HA1~7L1•;Y c~ GIFF'OItD~ LLP SIX XOLJNG~S VAX NANTUCKET, DIASSACHUSETTS 02554 (508) 228-3128 FA.Y: (508) 228-5630 ARTHUR I. READE, JR., P.C. readeldw@nantUCket.net DIAILING ADDRESS KENNETH A. GULLICKSEN POST OFFICE BOX 2669 MARLANNE HANLEY NANTUCKET, DIASS. 02584 WHITNEY A. GIFFORD November 14, 2000 BY HAND Catherine Flanagan Stover, Clerk Town of Nantucket 16 Broad Street Nantucket, Massachusetts ATTEST: A TRUE COPY S~~ NANTUCKET TOWN CLERK Re Dear Ms. Stover: Joseph V. Arno 27 Easy Street Board of Appeals File # 055-00 Joseph V. Arno submitted an application, a copy of which is enclosed, to the Nantucket Zoning Board of Appeals (the "ZBA") for a special permit. The ZBA conducted a hearing on July 14, and August 11, 2000 regarding the application. More than 90 days have elapsed since the conclusion of the hearing but the ZBA has not taken final action by filing a written decision with your office . Pursuant to Nantucket Zoning By-law Section 139-30 and M.G.L. Chapter 40A, Section 9, you are hereby notified that the special permit sought by Mr. Arno is deemed granted. A copy of this notice, together with a notice that any appeal must be filed within 20 days pursuant to M.G.L. Chapter 40A, Section 17 and Nantucket Zoning By-law, Section 139-30 has been sent to all parties in interest, all of whom are listed on the attached sheet. Joseph V. Arno By his Attorney Kenneth A. Gullicksen treacle, vullieJcseii, Hdiiley & Gifford, LLP KAG/j kl F:\WP\ARNO\27EASYST\stover.ltr.doc 1Y I ~ ~` ~(~ .i .1: L i.~,.J'J l Melissa D. Philbrick Emily Avery PHILBRICK AND AVERY LLP Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Tel: (508) 228-5151 Fax: (508) 228-5155 R. Penelope Scheerer December 1, 2000 TO: NANTUCKET TOWN CLERK FROM: MELISSA D. PHILBRICK, attorney for J. Richard Judson and Carolyn F. Judson, Trustees of 1946 House Realty Trust, Ann Killen, Trustee of Lobster Pot Nominee Trust and Florence E. Clifford DATE: DECEMBER 1, 2000 NOTICE OF APPEAL On behalf of my clients, J. Richard Judson and Carolyn F. Judson, Trustees of 1946 House Realty Trust, Ann Killen, Trustee of Lobster Pot Nominee Trust, and Florence E. Clifford, I hereby notify you that we are appealing to the Superior Court of the District and County of Nantucket, Massachusetts the constructive grant filed with you by Kenneth A. Gullicksen, attorney for Joseph V. Arno, having a residential address of 27 Easy Street, Nantucket, MA 02554, wherein Joseph V. Arno claims that because Nantucket Zoning Board of Appeals failed to take action by filing a written decision reflecting its August 11, 2000 vote not to grant Joseph V. Arno a Special Permit, the Special Permit is deemed constructively granted. My clients herein appeal that constructive grant under M.G.L. Chapter 40A, Section 17. Please find attached a copy of the complaint as filed this day. f ,. _= ti~ erely, ~~ Tl~ri;~:_- -~3:y!-1 _~?,~ __- Melissa D: Philbrick t~`~ COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. J. Richard Judson and Carolyn F. Judson, Trustees of 1946 House Realty Trust, Ann Killen, Trustee of Lobster Pot Nominee Trust, and Florence E. Clifford Plaintiffs v. William P. Hourihan, Jr., D. Neil Parent, Nancy J. Sevrens, Dale Waine, Edward Toole, Michael O'Mara, Edward J. Sanford and Edward Murphy as they are members of the Nantucket Zoning Board of Appeals and Superior Court C.A. No. 00- y ~ Complaint Appealing Constructive Grant of Special Permit by Zoning Board of Appeals ATTEST DED - 1 2000 NANTUCKET SU°~~~~~?~~ Ci?'Ji?T r~~-''~`. Joseph V. Arno Defendants 1. J. Richard Judson and Carolyn F. Judson are individuals residing at 4 Wood's End Road, Etna, NH 03750 with a summer residence at 29 Easy Street, Nantucket, MA 02554. They are the Trustees of the 1946 House Realty Trust which owns 29 Easy Street, Nantucket, MA 02554. Ann Killen has a residential address of 10 Easy Street, Nantucket, MA 02554 and is the Trustee for the Lobster Pot Nominee Trust which owns 14 Easy Street, Nantucket, MA 02554. Florence E. Clifford has a residential address of 21 Easy Street, Nantucket, MA 02554. The above-named are hereinafter referred to as "Plaintiffs." 2. Defendants William P. Hourihan, Jr., D. Neil Parent, Nancy J. Sevrens, Dale Waine, Edward Toole, Michael O'Mara, Edward J. Sanford and Edward Murphy are duly-appointed members of the Nantucket Zoning Board of Appeals (hereinafter the "ZBA"), having its office at 37 Washington Street, Nantucket, Nantucket County, Massachusetts. 3. The residential addresses of the ZBA Commissioners in Nantucket, Nantucket County, Massachusetts are as follows: William P. Hourihan, Jr D. Neil Parent Nancy J. Sevrens Michael J. O'Mara Edward Toole Edward Murphy Edward J. Sanford Dale Waine 26 Hawthorne Lane 31 Old South Road 24 Vesper Lane 240 Polpis Road 28 Burnell Street, Siasconset 163 Orange Street 3 Mill Street 11 Bishops Rise 4. Defendant Joseph V. Arno has a residential address located at 27 Easy Street, Nantucket, MA 02554. 5. Defendant Arno owns the subject parcel of 27 Easy Street, Nantucket, which is shown on the Nantucket Assessors Map 42.4.2 as Parcels 18 and 19. Said land is shown as Lot G on Land Court Plan No. 8594-C and Lot 1 on Land Court Plan No. 8594-D at the Nantucket Registry District for the Land Court. 6. On July 14, 2000 and August 11, 2000, the ZBA held public hearings on Defendant Arno's application for a Special Permit to enlarge the building at 27 Easy Street. Defendant Arno's application (ZBA File No. 055-00) is attached hereto as Exhibit A (the "Application'). At the hearing, Plaintiffs objected to the ZBA's jurisdiction to hear the Application, arguing that the Nantucket Planning Board is the sole Special Permit Granting Authority under the Nantucket Zoning By-law because the proposed project is a Major Commercial Development under Section 139-11 of that By-law. In addition, Plaintiffs expressed their opposition to the proposed project based on the intensity of the expansion proposed and argued that the waiver of the parking and loading spaces required by Sections 139-18 and 139-20 of the Nantucket Zoning By-law would adversely impact the traffic in the area and that the size and intensity of the proposed project would have a detrimental impact on the neighborhood. The ZBA denied the requested relief by a vote of one in favor and four against granting the Special Permit. 7. On November 14, 2000, Defendant Arno filed a notice of constructive grant with the Town Clerk of Nantucket stating that the ZBA had failed to file a written decision, as required, within 90 days of the conclusion of the hearing. Defendant Arno's notice of constructive grant is attached hereto as Exhibit B. 8. Plaintiffs are aggrieved by the constructive grant of the Special Permit sought by Defendant Arno because: a. the constructive grant would be inconsistent with the Nantucket Zoning By-law because the Application was improperly before the ZBA instead of the Nantucket Planning Board and therefore would rest on a legally untenable ground; b. the constructive grant would be inconsistent with the Nantucket Zoning By-law because, as found by the ZBA at the public hearing, the requested waivers from parking and loading space requirements are not consistent with the Zoning By-law and therefore would rest on a legally untenable ground; c. the ZBA's failure to act in a timely manner would result in the granting to Defendant Arno of a Special Permit which the ZBA had voted against issuing to him; d. the ZBA's failure to act in a timely manner, a procedural requirement, would result in a substantive harm by permitting the construction of a large addition with increased residential and commercial uses and insufficient parking and loading spaces in violation of Sections 139-18 and 139-20 of the Nantucket Zoning By-law; e. the result of the issuance of the Special Permit would be permanent and irrevocable damage to the Plaintiffs' properties caused by the construction and use of the building addition described in the Application which exceeds the intensity of use permitted under the Zoning By-law; and f. it is unjust and unfair to inflict the damages described in Paragraph 8(e), above, upon Plaintiffs who have properly and in good faith followed the procedures of the ZBA and who have the right to expect that the August 11, 2000 vote of the ZBA will be enacted and enforced. 9. The constructive grant exceeds the authority of the ZBA based on the allegations set forth above. 10. The Plaintiffs bring this action pursuant to M.G.L. Chapter 40A, Sections 9 and 17. WHEREFORE, Plantiffs request that this Honorable Court enter judgment in their favor, as follows: (a) Annul the constructive grant attached as Exhibit B. (b) Remand the Application to the ZBA for the issuance of a written decision of its August 11, 2000 vote denying Defendant Arno's Application for a Special Permit, or in the alternative, find that the Application constitutes a "Major Commercial Development" under the Nantucket Zoning By-law and remand the application to the Nantucket Planning Board for consideration. (c) Enjoin the Building Commissioner from issuing a permit for the construction of the addition requested in the Application. (d) Issue such further relief as this Honorable Court shall deem appropriate. (e) Award Plaintiffs their costs of this action, including their attorney's fees, and such other and further relief as this Court shall deem appropriate under the circumstances. Dated: December 1, 2000 J. Richard Judson and Cynthia F. Judson, Trustees of the 1946 House Nominee Trust, Ann Killen, Trustee of the Lobster Pot Nominee Trust, and Florence E. Clifford By Their Attorney: Melissa D. Philb ick Philbrick and Avery LLP Zero Main Street P.O. Box 148 Nantucket, MA 02554 (508) 228-5151 BBO # 544169 EXHIBIT A BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 0`~C~ CASE No. J APPLICATION FOR RELIEF Owner's name(s): Joseph V. Arno Mailing address: c/^ °°°a° ~"llicksen Hanley & Gifford, LLP, Six Young's Way P O Box 2669 Nantucket, MA 02584 Applicant's name: Same as above Mailing address: Same as above Location of lot: Assessor's map and parcel number 42.4.2-18 Street address: 27 Easy Street Registry Land Ct Plan, ' °' r ^''^ ~'s° 8594-C Lot G; 8594-D. Lots Date lot acquired: 5/1/79 Cert. of Title 8693 Zoning district RC Uses on lot - commercial: Nen~-ems one retail store nC~B' _ - number of: dwellings 1 _ - _ Building date(s): all pre-8/72? Yes or C of O? X Building Permit appl'n Nos. 12017-95 Case Nos. all BoA applications, lawsuits: 012-B5, 28-89. 28-93~ ~ Z~- ~/ d ~~7 ^ T~ ~/D "r~ State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section if Variance, 139-30A X if a Special Permit (and 139-33A 139-32A _ if to alter or extend a nonconforming use). If appeal per 139-31A _ & B _, attach decision or orders appealed. OK to attach addendum' See Addendum. Items enclosed as part of this Application: orderl_ addendum2 X Locus map X Site plan X showing present X + planned _ structures proposed X elevations X(HDC approved? Yes) Floor plans present _ Listing lot area _ frontage _ setbacks _ GCR _ parking data _ LIJ~ U Assessor-certified addressee list 4 sets X mailing labels 2 sets X ; ~ _'cap' covenant _ $200 fee payable to Town of Nantucket X proof ~ O 1(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) ~ ~ ~ W ~ I certify that the requested information submitted is substantially ~ Y complete and true to the best of my knowledge, under the pains and W ~CF- W U W penalties of perjury. . .I WUU // fJ~/ ~/! Attorney X '~rp'-'-"-"'- SIGNATURE L '~""°' ~z - : ILC.-•.-H1• ~/ ~ ~ ~ z 3(If not owner or owner's attorney, enclose proof of authority) CQ ~- Z FOR Bo OFFICE USE b ~ Application copies reed: 4_ or f r $o on ESL/ _ ~! / One copy filed with Town Clerk on ~/~~ by complete? /'` One copy each to Planning Bd and Building Dept / ~ by } $200 fee check given oy( T~r)easurer on ~~~/~~ ~ by aived?/~,~ Hearing notice posted ~ /~~fi`~ mailed ~~"'~`'-= I & M ~f ~ks=f Hearing(s) on _/_/_ cont'd to _/_/_, _/_/_ withdrawn? _/_/_ Decision due by _/_/_ made _/_/_ filed TC _/_/_ mailed _/_/_ See related cases lawsuits other E:\wp\arno\27easyst\boaappl.doc 0 0 0 N G~2 "'7 o ~~ = 9 7 ~ Y • 11 [r U ATTEST: A TRUE COPY ~ ~>~ NANTUCKET TOWN CLERK Addendum to Application of Joseph V. Arno In Board of Appeals File No. 075-97, applicant was granted .a Special Permit to construct a new building, with a ground cover of up to 3,991 square feet containing up to two retail spaces and/or office space totaling up to 3,491 square feet on the first floor. The remainder of the first floor will be storage, utility areas and stairway access to the second floor, which will contain two dwelling units. The proposed building complied with all ground cover and. setback requirements of the By-haw. Because of delays in obtaining state and other local permits applicant was not able to commence construction of the building and the Special Permit has now lapsed. Applicant now seeks the same relief. The proposed building is substantially the same as that proposed in File No 075-97 with the same ground cover, floor area and uses. Applicant requests Special Permit relief from parking requirements under By-law Section 139-18B, off street loading requirements under By-law Section 139-20C and under By-law Section 139-33A and a site plan review under By-law Section 139- 23. A total of 21 parking spaces are required for the planned use of which 19 relate to commercial uses and 2 to residential uses. The applicant will maintain the one existing space and requests a waiver as to a total of 20 spaces. Waiver of all parking and loading requirements are permitted, the subject property being situated in the Core and Resident Parking Permit District. f:\wp\arno\27easyst\boaappl2.ad~ ~ T• \•f A pf Mtf fN~'••T' • t,t -_~ __ ~- ~O / / ' ~ ' / i / / ~ j ~ i ~./ + ~~~~ ~~ ~~~~~~,~ ~~ , ~- ~,~ ,1 Z 7 0 r Z O .~ y ` ~~ d v t4 \~ ~~ ~/ s~a£~t :~ `Ot Q z, m Et ~ q* 1~ 5~P r ~~. f ~ ~ o ~'ft '1 ~ ~~ O df . M'Mtuc~`~ a M ~t r t Mt \~ f -~~t'p~' C ,o` `MN tMt u ~. ~ ~ ~ ~W ~1 r ,, ; i. ie 1• •N~~f t 1• .• ! f''y ~~ ~' -- \ \ ~ W l/ \/ W a u u it -- ,,,~~~((( Y • Il IO ~\\~\(4\\\~ Y • ~ ['/~~\\\\Q\' h y W t~ ~v N ', TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February ~ 19 98 .~...~ To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner/Applicant: 075-9'~' JOSEPH V. ARNO Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20 ) days . - --- ~--~ ... le W. Waine ~ Chairman cc: Town Clerk - - -- -Planning Board --- .. -" - ~---- - Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES•HAVE A TIME LIMT.T AND WILL EXPIRE IF NOT ACTED~UPON ACCORDING~TO NANTUCKET ZONING 'BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.• r~ NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 42.2.4, Parcel 18 Lot G, L.C. Plan 8594-C; 27 Easy Street Lot 1, L.C. Plan 8594-D Residential-Commercial Certificate of Title. No. 8693 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, January 9, 1998, at 1:00 P.M., in the Meeting Room, in the Annex to the Town and County Building, 37 Washington Street, Nantucket, Massachusetts, following notice and a public hearing in the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on December 5, 1997, which hearing was continued to December 16, 1997 in the Meeting Room, in the Annex to the Town and County Building, 37 Washington Street, Nantucket, Massachusetts, and then, due to the lack of a quorum, continued to Friday, January 9, 1998, at 1:00 P.M., in the Meeting Room, in the Annex to the Town and County Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of JOSEPH V. ARNO, c/o Reade & Alger Professional Corporation, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 075-97: 2. The applicant seeks a SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B (parking- requirements); under §139-20C (off-street loading zone requirements); and under §139-33A (alteration/expansion of a pre-existing non-conforming structure/use) and a site plan review under §139-23. The applicant proposes to demolish the existing structure and to construct a new building with a ground cover of up 'to 3,975 square feet containing up to two (2) retail spaces and/or office space totaling up to 3,675 square feet on the first floor and two (2) dwelling units on the second floor. The proposed building and uses require twenty-one (21) parking spaces, nineteen (19) for commercial uses and two (2) for the residential uses. One (1) parking space will be provided on site. The subject property (the "Locus") is located at 27 EASY STREET, Assessor's Map 42.4.2, Parcels 18 and 19, consisting of the land shown on Land Court Plan 8594-C as Lot G, and the land shown on Land Court Plan 8594-D as Lot 1. The Locus is zoned RESIDENTIAL-COMMERCIAL. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearings, including a finalized, detailed site plan by Nantucket Surveyors, Inc. dated February 16, 1y9'/ as revised through December 11, 1997, submitted by the applicant, as required by Zoning By-law §139-23, showing the proposed layout of the building and site improvements. The Planning Board submitted a letter dated November 24, 1997, which expressed concerns and recommended that the Special Permit and Site Plan be denied on the basis of the incompleteness of the plans. The principal concerns of the Planning Board resulted from its inability to determine or confirm from the site plan the square footage of the building, the landscape plan, engineering details of the driveway and sidewalk improvements, the parking requirements of the project and flood elevations. 4. By Special Permit issued in File No. 028-93, the Board granted the Applicant a waiver of up to 16 parking spaces and waived the loading zone otherwise required to allow the alteration and expansion of the structure to include a total ground cover of up to 2,450 square feet with two (2) retail spaces on the first floor and two (2) dwelling spaces on the second floor. The Applicant timely secured a building permit for the work contemplated in File No. 028-93, and timely commenced work thereunder. At the public hearing in File No. 027-96 the Applicant represented that after the commencement of this work, it was discovered that the soil of the site would not support the planned foundation. A modification of the Special Permit was granted to allow the work allowed by the Special Permit granted in File No. 028-93 to be done by demolition and reconstruction of the structure in the same dimensions allowed by the Board in that case. 5. The proposed project involves the construction of a new, larger building with a ground cover of up to 3,991 feet, a 49.90 ground cover ratio. There will be 3,491 square feet of retail space, containing up to two (2) stores and or office space on the first floor. Approximately 100 square feet of the first floor will consist of a stairway to the second floor. The remaining approximately 400 square feet of the ground floor will be devoted to utilities and storage. There will be two (2) apartments on the second floor. The proposed uses require 21 parking spaces under the By-Law; 17 for the retail space, two (2) for up to seven (7) employees at peak shift and one (1) for each of the apartments. 6. The Board finds that because only 19 of the parking spaces are required for commercial uses, and that 20 spaces for commercial uses are required under the By-law to classify it as a Major Commercial Development on the basis of parking, the project is not a Major Commercial Development under the By-law. The Board further finds that the waiving of 20 of the total number of 21 required parking spaces, with provision of one conforming parking space and an additional "stacked" space behind it, would be in harmony with the general purpose and intent of the By-law; that compliance with the parking requirements of the By-law would be physically impossible for the applicant to provide; and that providing parking in excess of that required by this decision would have a significant and adverse effecton the scenic integrity of the neighborhood and be contrary to sound traffic and safety considerations. In addition the Board finds the waiver of the on site loading zone is also in harmony with the general purposes of the By-law in that there are loading zone spaces proximate to the Locus. The Board also found that the 2 concerns of the Planning Board were adequately addressed by the applicant in plans submitted subsequent to the Planning Board's submission of its letter. 7. Therefor, we find that the granting of relief by Special Permit to remove or demolish the existing structure and to construct a new one as proposed by the applicant will not be substantially more detrimental to the neighborhood than the existing or permitted structure and uses, which are nonconforming due to a lack of parking. In fact, the demolition or removal of the existing structure and construction of the proposed new structure will be a benefit to the neighborhood because it will meet the current building code, be handicapped-accessible, and provide a wider sidewalk, allowing pedestrians easier access to the Steamship Authority while keeping them off the street and thereby helping to alleviate traffic congestion in the area of the Locus. The proposed building will be the same distance from the southern lot line of the Locus. The Board considered requiring that an additional parking space be provided in that area but it was pointed out that the curb cut for such a space would result in the loss of a parking space in the street and therefor no net gain of parking. A car backing out' of such a space would also contribute to traffic problems. 8. Accordingly, by a vote of four (Waine, Williams, Hourihan and Madden) members in favor, and one (Sevrens) opposed, the Board GRANTED the SPECIAL PERMIT, as requested, under Nantucket Zoning By-Law §139-18B (parking requirements); under §139-20C (off-street loading zone requirements); and under §139- 33A (alteration/expansion of a pre-existing non-conforming structure/use) thereby waiving twenty (20) parking spaces and the off-street loading zone, to allow the structure to be demolished or removed and a new structure to be constructed. 'The new structure shall have up to two retail spaces and/or office space on the first floor and two dwelling units on the second floor. The relief hereby granted is subject to the following conditions: (a) One (1) of the dwelling units shall be occupied on a year-round basis, by the owner or a tenant, and shall not be rented seasonally or offered for transient residential use. (b) There shall be no more than a total of seven (7) employees on site at peak shift in the retail spaces on the first floor . (c) '1'wo nine-foot by-LwenLy Loot "s.Ld~)tea" ~id1)ciliy spaces shall be provided on the north end of the Focus. (d) There shall be no more than two (2) retail and/or office spaces on the first floor. No food service establishments , or alcohol beverage service shall be permitted. '} (e) There shall be a maximum of 3,491 square feet of retail space on the first floor. (f) The building shall be constructed in substantial conformity with the site plan by Nantucket Surveyors, Inc. dated February 16, 1995, as revised through December 11, 1997 presented to, endorsed by and on file with the Board of Appeals under By- law §139-23 in connection with this application. (g) As voluntarily offered by the Applicant and accepted by the Board, no exterior construction shall be conducted during the period of May 15 to the day following Columbus Day in any year. r W Dated: t"~br~lary ~, 1998 ~`'`-' ~~ ale W. Waine William P. Houriha ;, Jr. Linda F. Wi liams Nancy Sevrens L ~~~ Timothy Madden f:\wp\arno\27easyst\07597boa.dec 4 ~ '~ tI •. f ~~ i ,. I( W;=' ~~ ~$ O o:o ~ o - ~~o o ~ O vz W _ J ~, tYz J _ F- . 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O p - ~ ~ ~~~ r tU ` ~- 7 lll °` 01 ~ w a ~ ~ •~~ Z ~~° ¢ O ~ ~ c=n ~ 1..1-~ ~ 1~ Y ~ 1 ~ ~~ N ¢d<C; Z 0. ~ a U~ LL~ P~ ~- ~~ r ~~.~ ~, 1 ~. ~.. .L~i7 ' AEG ~ ~~ I ~11~ ~_._...._..._._. _._. --.._.. ,J~ X ~ I m~N~ N~~ O O !"' zN~ ~ _z ~- ~w ~ ~~~ wm ~0~ ~F O wQUU~ Qo ~~N ~, N N ttl ~~~ J ~Q~ .~ ~~ .~ I°n° ~. O O O 1 ~ ..._ ... _ . . ~ i~ i T01,VN OF NANTUCKET ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEnREST IN TI-~ MA/TTER OF THE PETITION OF PROPERTY OWNER:.......`~C%S.~'.~?.~•...........1.~..-.,~C ................................... t~1AILlNG ADDRESS:.....~ ...........................................//........~..................... PROPERTY LOCATION :............~.7................................ ......................... . ASSESSORS ~~1A.P/PARCEL:........ Y.~.U.~.-......1... ~...1....~. ~ ..................... SUB~•1ITTED BY :............................................................................................... SEE ATTACHED PAGES 1 certifj• that the foregoing is a list of persons ~~~ho are o~~~ners of abutting propem~, o~~'ners of lane directl~• opposite on any public or private street or ~vav; and abutters of the abutters and all other !and o~~-ners ~~~ithin three hundred feet of the propem' line of o~~mer's property, all as the~~ appear on t^~ most recent applicab'e tax list. (M.G.L. c. 40A, Section 1 1 Zoning Code Chapter ! 39. r ,. . ~..../. D.~.TE ASSESSOR'S OFFICE TOWN' OF NANTUCKET 06/01/00 TOW77 OF NANTUCKET 03:36:15 OWNER'S MAILING ADDRESS LIST Map B1ocY Lot Owner's/Co-Owner'c Name Mailing Addre~a/City State Zip Property Location 42;2 0028 TEASDA LE ANN R PO 8OX 157 0019 S WATEP. ST TIMMS NIGEL JOHN NANTUCKET Ma 02554 4242 0070 [tR k:W STER EQUITIES LLC 202 BEACON STREET 0010 S BEACH ST EXT C\U RUIiEH"f L CHAMPION JR 8OS1'ON MA 02116 423? 0027 BP.EWSTER EQUITIES LLC 202 BEACON STREET 0012 OAK ST C\0 ROBERT L CHAMPION JR BOSTON N.A 02116 42;2 0067 YUUWG RUGER A 6 CYN1'I{IA tJ PO BOX 1229 0028 EASY ST NANTUCKET MA 02554 4?;? 0017 JUDSON J RICHARD & CAROLYtJ PO BOX 368 0029 EASY ST FP.ENCH TPUSTEES ETNA NH 03750 4232 9018 AP.tJO JOSEPFi V PO BOX 1319 0027 EASY ST NANTUCKET MA 02554 433_' 0020 INGALL FLORENCE PU BOX 7222 '0021 EASY ST C/O CLIFFORD MRS F NANTUCKET MA 02554 4332 0015 WOODS HOLE MARTHAS VINEYARD & PO HOX 284 0003 STEAMBOAT WF NANTUCKET STEAMSHIP AUTH WOODS HOLE MA 02543 4_'33 OOi"7 JUDSON J RICHARD & CAROLYN PO BOX 366 0029 EASY ST FRENCH TRUSTEES ETNA NH 03750 4'_31 00112 DREAMLAND THEATRE IIJC PO 80X. 547 0018 EASY ST NANTUCKET MA 02554 4231 09:11 DREAM, [.AND THEATRE INC PO BOX 547 J017 S WATER ST NANTUCKET 7•IA 0"t 554 - 4231 0012 WItJTNP.OP NANTUCKET 2 REALTY TP, po boa 359 0015 S WATEP. ST C/O SHEP.B UP.17E ASSOCIATES :JANTUCKET ttA 02554 4231 00'? ; HESS WALTEP. P. TR ?O BO:? 359 0011 S WATEP. ST SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4211 Co13 KILLEN AIlN S TR PO 3OY. 1166 OOla EASY ST LOBSTEP. PO1' NOMINEE TRUST tJA NTUCT:ET MP 03154 4231 0016 ~N:,7!T UCKET TOWN OF 0016 EP.OAD ST 0006 EASY ST NAJTUCKET MA 02554 4231 007° KILLEN PAUL BP.U CE & PO BOX 1166 0010 EASY ST LOT}iIAIJ D K TP.S ETAL NANTUCKET MA 02554 3331 0131 F. M R E COP.P PO BOX 726 0007 S WATER ST NAtJTUCY.ET MF. 92554 .,_~_ 01:0 WEFT JOHII S HENRY }:ATHLE EII 0023 CENTRE ST 0001 CAMBRIDGE ST IJANTU C!;ET t•1A 0'_554 ._.._ 0074 !!:.!!::iC!'.ET ::TftEIIEU(•1 L1!;i-A=:'i FO EC:•: 808 - 0001 ItJDIA ~T - t7?}1TUC F.Ef I.1 ~. C_55; '--- O1 %=. FII t:-ii ?.Of tl=.!iTU C1:ET 3 RE?:,Ty TF. po ~o>: 355 0003 S h;:TEF. S. ,'O _....-:3 L'F.71 .-..,SGC.~. ..:_ II yIJTUCc.c. IS= ..355; .___ i'___ 'iS..,. _.. !J=..- .F:U TfcE _+. .., .~.ii tiGTC7i ,_ 20:: 0005 ~ -•^_"r. ~. .,. SU 4Ji:TER ASSOC FEAL:"i T?U ST WELLESLEY M 023°1 ,_~_ 0'_3~ PACiiiC CLUB IIJC FO BOE 1227 0015 MAIN ST !7=.NTUC}:ET MA 02554 .___ 0133 I'.ES- W'.[,TEF. F TR E'0 E0:•: 359 ~ 0001 MAItJ ST StiERit t; FlJ!i r...°OC I:,_ ~ .. - ,+=t!TUC!:ET M,. ~?554 • .___ 0140 SHr~.ci:F:II. :.SSOCI~.TE; "rJ cO}: :;59 0015 CAtJOLE >, tJ;.NTUCl:ET Mme. 02554 PAGE 1 MUA5750 9.3 06/01/00 TOWtJ OF NANTUCKET PAGE ,. 09::6:15 OWNER'S MAILING ADDRESS LIST MUA5750 9.3 Map 61ocY. Lot Owner'c/CO-Owner's Name Mailing Addre00/City State Zip Pr operty Location 4331 OOH7 MCCKEAUY P.ICHARD J ETAL TRS PO BOX. 359 0002 NEW WHALE ST WIFJTHROP NAIJTUCKET F1OM TRST NANTUCKET MA 0255< 42:1 OOH6 NAIJTUCKET ISLAND PRODUCTS CO I PO 8OX 65: 0020 STP.AIGfiT WF ' tJ11JT11('F:F:9' MA 0), ;54 4231 0139 HESS WALTEP. R TR PO BOX 359 0016 STRAIGHT WF SHEP.6VP.NE ASSOCIATES R T NANTUCKET FJA 02554 4231 0139 •FIAJJTUCKET HISTORICAL ASStJ PO flOX 1016 0012 STRAIGHT WF NAIJTUCKET MA 02554 42:1 013"7 •h1A1JT'UCKET HISTORICAL ASSN PO BOX. 1016 0010 STRAIGHT WF NAIJTUCKET MA 02554 4231 01361 TRAIiJOR GARY E & KELLI A 6B STRAIGHT WHAP.F 0068 STRAIGHT WF NAIJTUCKET Mn 02554 4231 01362 TP.AINOR GARY E & KELLI A 66 STRAIGHT WHARF 006C STRAIGHT WF NAIJTUCKET MA 02554 4231 01362 TRAINOR GAP.Y E & KELLI A 6B STRAIGHT WHAP.f 006C STRAIGHT WF NANTUCFET MA 02554 4231 01363 F.U6IN MAP.C IA P PO BOX 959 006A STPAIGHT WF NAIJTUCKET J^.~ 02554 4231 0135 }i F.SS WALTEP. P. TR PO EOX 359 J002 STRAIGHT WF SHER6L'RNE ASSOCIATES R T NANTUCKET MA 02554 4231 0224 SHEP.BUP.NF. ASSOCIATES PO SOX 359 ~ - 0000 STRAIGHT WF NAIJTUCKET N,A 02554 4231 OC79 GIFFOP.D JO}FtJ F TR 96 CO LBOU P. tJE CT 0004 EASY ST FAWiJ GROVE REALTY TRUST SEOOKLINE h!:, 02445 4231 OOE~J F;ILLEti SIDiIEY H FO BUY. 1166 OOJ1 OLD NORTH WF 1JANTUCF:ET td~ 02554 4231 0091 Gi FFJ~D JOHtJ F TR HAF.BOP. SQUAP.E 0004 STILL DOCF; C/O PP.OVISIONS NANTUCKET MA 02554 4231 ~i09_ OF.OUF.K~ MARI LYN J 0101 LINCO LtJ P.D 0007 OLD NORTH WF LItICO LiJ h1=. 01773 4231 0039 PUNFiETT ALEXAhlDRA L 11 OLD t7OP.TH W!!?.?.F 0011 OLD NORTH WF NF.!ITUCKET h;:. 02554 4231 00H3 SFJEP.MAN HELEN WILSON 0004 WESTMIIJISTE~ ST - ~ 204 0010 STILL DOCK T1A21TUCKET NF. 02554 4231 0036 !4ALO17EY ROSALIE T FF;A GRENIJAN PO 50:! 1393 0015 OLD NORTH wF !IA!!TUCY. E"!' '..- 0255 4331 U:'- La::!:- JO8?: £ ETAL TRUSTEES _Si~ c'~ST 3'rO?.3 =- S'J1T? SCS OO i7 OLD 11OPTH WF C.^. Wit. f'E'i!- .- , ;]15 ._.. ,.:~.-: :: ...'.-.. r. .. 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FL. 330°_ -_ OG/O1/00 1'OWIJ OP NAtI'1'U C(:ET ['AG F. 3 08:36:15 O:JN ER'S MAILING ADDRESS LIST HUA5750 9.3 Map 81ocY, Lot Os+ner's/Co-Owner's Name Afailing Addre~~/City State Zip Property Location 4231 0020 DUNFEY JOliN P TR 230 COMMERCE WAY SUITE 300 0008 OLD NORTH WF JOHN P DUNFEY REALTY TR PORTSMOUTH NH 03801 4231 0023 PENNY GEO P.GE W III 3205 38 ST tJW 0010 OLD NORTH WF WASHINGTON DC 2001G 4231 0251 OLD NORTH WHARF COOPEPATIVE IN C;O PO 60X 268 0012 OLD NOP.TH WF NANTUCKET MA 02554 4'_31 0252 OLD NORTH WHARF COOPERATIVE IN 3 MILL ST 0014 OLD NORTH WF C/O SANFORD COTTAGE TRUST NANTUCKET MA 02554 4231 0253 OLD NORTH WHARF COOPERATIVE IN ~ MTLL STREET 0016 OLD NORTH WF C/O SANFORD EDWARD ETAL TP. S NANTUCYET MA 02554 4231 0254 OLD NORTH WHARF COOPEPATIVE IN 0066 FLAX RD 0019 OLD NORTH WF C/O FOWLKES GEO P.GE A JP. TR FAIRFIELD CT 06430 4231 0255 OLD NORTH WHARF COOPERATIVE IN FO BO}: 809 002C OLD NORTH WF C/O WHARF RAT CLUB INC NANTUCKET MA 02554 42:1 0256 OLD NORTH WHARF COOPERATIVE ItJ 555 ALHTOtJ AVE 0022 OLD NORTH WF C/O DOUGLASS DAVID & SUSAN WOODSIDE CA 9406;. 4231 0225 OLD NORTH WHARF COOPERATIVE FO BOy. 187 0023 OLD NORTH WF ('/cl ':A NFt)RU ALPIt IiU I' I•°1'A I. TF:: NAtJ9'IJC k.IiT MA 0Jt 'i'.4 4224 0001 HESS WALTER R TR FO 80X 359 0000 STRAIGHT WF SHERBUP.IJE ASSOCIATES R T NANTUCKET MA 02554 4224 0001 HESS WALTER R TR ~ FO EOy. 359 0000 STRAIGHT WF SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4242 0020 TEASDALE ANN R FC 80X 157 0019 S WATER ST TIMMS NIGEL JOHN NANTUCKET MA 02554 4231 0017 N.URD PETER K 4 AtJNETTE M 0251 MAIN ST 0007 EASY ST / ~ HUNTINGTOIJ N'i 11743 ~ ~~}TtL TJUMBER OF RECORCS = 65 / `` ~~)'C ~ ~,~ ~ Li :h ~.T ~S~ y x~ ~, ~ i• ~'~ 1 1.J l EXHIBIT B ~r EXHIBIT B READER GULLICKSEN~ HANLEY & GII'FORD~ LLP SIX YOUNG'S 1VAY NANTUCKET, DIASSACHUSETTS 02354 (508) 228-3128 FA?C: (508) 228-5630 ARTHUR I. READE, JR., P.C. readetaw@nantucket.net KENNETH A. GULLICKSEN MARIANNE HANLEY WHITNEY A. GIFFORD November 14, 2000 BY HAND Catherine Flanagan Stover, Clerk Town of Nantucket 16 Broad Street Nantucket, Massachusetts Dear Ms. Stover: Re. DIALLING ADDRESS POST OFFICE BOX 2669 NANTUCKET, MASS. 02584 ATTEST: A TRUE COPY ~ ~~~ NANTUCKET TOWN CLERK Joseph V. Arno 27 Easy Street Board of Appeals File # 055-00 Joseph V. Arno submitted an application, a copy of which is enclosed, to the Nantucket Zoning Board of Appeals (the "ZBA") for a special permit. The ZBA conducted a hearing on July 14, and August 11, 2000 regarding the application. More than 90 days have elapsed since the conclusion of the hearing but the ZBA has not taken final action by filing a written decision with your office. Pursuant to Nantucket Zoning By-law Section 139-30 and M.G.L. Chapter 40A, Section 9, you are hereby notified that the special permit sought by Mr. Arno is deemed granted. A copy of this notice, together with a notice that any appeal must be filed within 20 days pursuant to M.G.L. Chapter 40A, Section 17 and Nantucket Zoning By-law, Section 139-30 has been sent to all parties in interest, all of whom are listed on the attached sheet. Joseph V. Arno By his Attor/n•/ey Kenneth A. Gullicksen Keac~e, vullieJcseii, Hdiiley & Gifford, LLP KAG/ j kl F:\WP\ARNO\27EASYST\stover.ltr.doc ~~~~ i 4 ~~~~1~ :. 3..~U ~ . nss~ . •- --------