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Home My WebLink About078-00TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: November 20 2000 To: Parties Decision of following: in Interest and. Others concerned with the the BOARD OF APPEALS in the Application of the Application No.: Owner/Applicant: ~~~ -~A~ = 0 0 JOHN G. AND PATRICIA MALLOY 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. ~ ~ i Michael J. O'Mar 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 §139-301 (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING $QA~D OF APPEALS. rl F': F. - w ~_ :.; ~~~ 1 _ __..__.. ~l}~:."i4.... ~1 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 55.4.1 Parce140 ROH 13 Warren Street Plan Book 22, Page 72, Lot 1 Deed Re£ 260/254 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, October 13, 2000, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of JOHN G. AND PATRICIA MALLOY, 1821 Washington Street, Stoughton, MA 02072, Board of Appeals File No. 078-00, the Board made the following Decision: 1. Applicant is seeking relief by VARIANCE under Nantucket Zoning Bylaw Section 139-16A, to validate the sitting and ground cover of an existing deck/fence and addition constructed onto the rear of an existing single-family dwelling in about 1983. Both are sited along the rear and westerly side yard lot lines at about zero feet. In the alternative, Applicants ask the Board to make a finding that no relief is necessary as the Board arguably validated the deck/fence and addition in a previous Decision in BOA File No. 114-85. The Locus is nonconforming as to lot size with the Lot containing about 2,170 square feet of area in a district that requires a minimum lot size of 5,000 square feet; as to frontage, with the Lot containing about 37.43 feet along Warren Street, in a district that requires a minimum frontage of 50 feet; as to ground cover with the Lot containing a ground cover ratio of about 36.73% in a district that allows a maximum ground cover ratio of 30% for undersized lots; and as to side and rear yard setbacks with the structure and deck/fence being sited at zero feet at its closest point from the northerly rear yard lot line in a district that requires a minimum side and rear yard setback of five (5) feet. One (1) parking space is provided on site. The Premises is located at 13 WARREN STREET, Assessor's Map 55.4.1, Parcel 40, Plan Book 22, Page 72, Lot 1. The property is zoned Residential-Old-historic. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the hearing, including substantial photographic evidence. The Planning Board made no recommendation as the matter was not of planning concern. There were no letters in opposition on file and no opposition expressed at the hearing. There were three (3) letters from direct abutters in support on file. One (1) of those letters was accompanied by substantial documentation about a permanent easement granted by that abutter to the west and north, to allow the encroachment of the subject addition onto his property. There were two (2) letters on file that supplied history of the deck/fence m question. One (1) letter was from a past owner of an abutting property, testifying to the fact that the reaz deck was in existence as eazly as 1985 when he occupied his house. The other letter was from an individual who had been the real estate broker for the previous owner when the property was shown to the Applicants, and stated that the deck and addition were there at that time in 1986. She also offered testimony that she had personally attended parties at the subject house which were held on the deck as eazly as 1984 prior to the Board's Decision in 1986. 3. Applicants represented that they had purchased the house in October of 1986 from the property owner, since deceased and unable to offer any supporting testimony, who had been the beneficiary of the previous grant of Variance relief in the Decision in BOA File No. 114-85. At the time, the deck and addition were present. They assumed that the improvements on the property had been properly permitted and did not get a certified mortgage plot plan done as no outside financial institutions were involved with the sale of the property to have compelled such a survey. They fiuther represented that the predecessor in title had told them that the deck/fence and addition had been constructed in 1983 and inferred that the construction had been undertaken pursuant to duly issued permits from the Budding Department and the Historic District Commission (`~-IDC`~. Only recently have they discovered that there were no permits for the work and now desire to rectify this problem by making application to this Boazd as well as the HDC. Applicants stated that the deck/fence and addition were integral parts of this 1940's era small house and provide the only privacy that they have from neighboring properties, also on small lots with structures in the setbacks and validated by this Board in other action. Many had patios and decks enclosed by privacy fences. The deck/fence and addition aze protected by the 10.year curative statute from enforcement. However, there still remains a defect of title and could possibly hinder refinancing, the sale of the property, or receiving of new Building Permits, if left without benefit of relief from this Board validating the structures. The original Variance was granted to cure an "alleged defect in mazketability of title". The subject Lot was originally created as part of an ANR subdivision plan on December 27, 1982 just prior to Applicant's predecessor in title's acquisition of the property. The neighbors and the Planning Board were in favor of a grant of relief at that time as we1L 4. Therefore, the Board finds that the immediate area is made up of small lots with dwellings that are over their allowable ground cover and sited within the required setback azeas, several benefited by similar relief granted by this Boazd. However, relief by Variance may also be granted in this instance owing to circumstances relating to the particular shape and topography of the structures on this small lot and affecting such structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this Zoning Bylaw would involve substantial hardship, financial or otherwise, to the Applicants, and the desirable relief maybe granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such Bylaw. There would be no public benefit in requiring the Applicants to remove the offending structures. In addition, the Boazd finds that, though there appears to be some evidence that the Board validated all improvements on the property at the time of the Decision issued in 1986, which, as testimony suggests, would have included the deck/fence and addition, the minimal site plan at the time showed no entry stoops, decks or other improvements beyond the basic footprint of the house. Though this was not uncommon in 1985 on plans used solely for subdivision purposes, the Board finds that there is not enough evidence in the record that would support a claim that the Board at that time was sufficiently aware that there was adeck/fence and addition that were part of the validation granted by Variance in 1986 and thus new relief by Variance is necessary to cure this problem. 5. Accordmgly, by a UNANIMOUS vote, the Board GRANTS the requested relief by VARIANCE under Nantucket Zoning Bylaw Section 139-16A to validate the current sitting of the deck/fence and addition on the single-family dwelling, which in itself was validated by the previous grant of a Variance, upon the following conditions: a. The deck/fence and addition shall be maintained in substantial compliance with the Certificate of Appropriateness No. 3 ~ ~ a7, as issued by the Historic District Commission, as may be amended; and 3~ tO ~$ SCu fo 2.Co b. The sitting of the structure, deck/fence and addition shall be in substantial compliance with the plan submitted, noted as `Building Location Plan", dated October 17, 1994, done by Charles W. Hart & Associates, Inc., marked as Exlu'bft A and attached hereto, without further relief from this Board Dated: Novembeu~U, 2000 D. Neil Parent V y 1 ~~ ~ ~~ William P. Hour~an, Jr. a- U ~- Edward Sanf rd ZOITING CLASSIF'iCATION:. !~':-~ . -.- - ousnNC; ------------- - 1AI E A S f7` . i S ~ f 'FjtONT C :..... p N ~FRONi•YARD S.e.:..../.4:tT K . iE : +iC( ... ~!... . ~ REAR k SIDE S.B : . ~" ~-T ":... . GROUND covER (z):..3v. %. ... u.... . .~ it'~F /~.. Qr~Uivv w' /'-~.~ ~I n~ ~~~ ~I /-~i'O./ ~F .EGQ.tr.Ey l~AlZR-~i(/ .ST. ,,. H F ,Nq r- SS ~1 ~,( H ~T -~+ I cERn ` >9~. OF :'$aas / 7-.~. THAT THE BUI (S~• TED ON THE GROUND ~ . PROFESSIONAL LAND SURVEYOR THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A PROPERTY LINE SURVEY. TH1S PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY CES, G OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY ONES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS .PLOT PLAN 1S N07 A CER7IFlCATION AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOlN1NG PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. ASSESSOR MAP: SS..S;/. PARCEL• . yP. . ~~ BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1'- /O' GATE: ~Y i y /995' owner: T~I/I~lCA.4~.:{T~C/rq f(.. /.Y~4~C..~C,PY ~.o rs Deed: !~!<•.~P 1$'.~':Y. Plan 44'~•~Z? !~i• .7cZ. Locus ..9..I~i.4l'~,'E'~~. $7~ ..... . CHARLES W. HART & ASSOCIATES, Inc. SANFORD BOAT BUILDING 49 SPARKS AVENUE NANTUCKET, MASS. 02554 BE RECORDFiD. (508) 228-8910 x_yy~ u ~ ~' b'T 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, OCTOBER 13, 2000, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: JOHN G. AND PATRICIA H. MALLOY BOARD OF APPEALS FILE NO. (078-00) Applicants are seeking relief by VARIANCE under Nantucket Zoning Bylaw Section 139-16A, to validate the siting and ground cover of an existing deck and addition constructed onto the rear of an existing single-family dwelling in about 1983. Both are sited along the rear and westerly side yard lot line at about zero feet. In the alternative, Applicants ask the Board to make a finding that no relief is necessary as the Board arguably validated the deck and addition in a previous Decision in BOA File No. 114-85. The Locus is nonconforming as to lot size with the Lot containing about 2,170 square feet of area in a district that requires a minimum lot size of 5,000 square feet; as to frontage, with the Lot containing about 37.43 feet along Warren Street, in a district that requires a minimum frontage of 50 feet; as to ground cover with the Lot containing aground cover ratio of about 36.73% in a district that allows a maximum ground cover ratio of 30% for undersized lots; and as to side and rear yard setbacks with the structure and deck being sited at zero feet at its closest point from the westerly and easterly side yard lot line and at zero feet at its closest point from the northerly rear yard lot line in a district that requires a minimum side and rear yard setback of five (5) feet. One parking space is provided on site. The Premises is located at 13 WARREN STREET, Assessor's Map 55.4.1, Parcel 40, Plan Book 22, Page 72, Lot 1. The property is zoned Residential-Old-Historic. ~ Aai Michael J. O'Mara, hairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL THE OFFICE FOR FURTHER ASSISTANCE AT 228-7215. ~,,''~ • `~BoA Fonu 1-89 ~,. ~ ~•• ~ '~ti .v ••: O~rner's name(s) Mailing address: ~•' Applicant's name: •• Mailing address: Z Location of lot: Asseseor!& map aIId patael number ~ 6•-~. ~ "' attest address: - (.'~ ~,(~(~111/.LQ/,'~ Srt Registry Land •Ct 'Flan, l~~ 8k & Pg r Plan File o? Z ~,ot~ , Date lAt acquired: ~~ g Daed Rsf~~S~~Zoning district ~ u ~ Uses on lot - .commercial:' None ~/, or MCD?_ - number of: dwellings ~ duplex apartments- rental rooms- Building~date(s): all pre-$/72? or c of o?_ Building Permit appl'n. Nos. Case Nos. al1•SoA applications, lawsuits: ~/~~~ •Stats fullyy all toningg relief sought and respective Code sections and subsaotions, spaaifically what you propose admpaced to present and what grounds you tYrgs for BoA to make each findingq .per Section 139-32A it variances, 139-ZOA it a Spacial Parmi.t (and 139-33A ~81t to altar or extend a nonco~'orming use). If cepppe~l per 139-3~A _ , attach t~ecision or order appealed. OK to attach addendum `~~ o~-e.cc~ `~`~`J c~C4a.~an cou.av~~ c.,;r` a~~ l ~ ~s3 - ~, s•~~s,Q- °~- 2-s~ cum. ~ w,a~ ~~ ss~r~~ t q -- lCo ~• ~ i9~~j, qti - G~~13 -33 ~ ct . ~Zt~ items enclosed as part of kliis Application: ord.~rl v addendum2 ,Locus map- Site plan showing present +planne3 structures Floor plans present proposed elsvat one (FIDZ~appproved?_). Listings lot area ~'rontags sstbaaks GZ'F~ parking data Assessor-aertitie3'adc~resseE• List 4 sets iaa~l~ labels 2 sets ,200 fee payable to Town of Nantuakst prpoof caps covenant - . (It an appeal, ask Torn Clerk•to ssn3'~ldg ComrTS rsaord to BoA:T I certify that the requested information submitted is substantially complete and true to the best of my kno ledge, under the pains and •psnaltiss of per ry. ~~$ ~ ck3,S-~ SIGNATURE: ~~ Applicant ~ Attorney/agent _ • 3(Ii not owner 9r owner's at orney, enclose proof of authority) • F0~ 8~ FFICE USE Application copies recd: d l_/ or for 8oA on 7g ~ by ' / One cow ti Clsr on~~ by--`~ co~aplet~7% on y each to ~ann~ig,' 1dd a ilding Dopt~ ~~ by_ 1~,<~ . $20 a ~eri Town Tr on..~~~ b~!~~ waived? Keating notice posted ~ mailed,~/~/C~ Y & M,~G~ , ~ ~~ iM' Kearing(s) on,,,,_/,,,_/" aont'~i to_„/_,/,_, ~_/_ withdrawn?,-,J,_,_/_ Decision due by_,_/_/_ made„_/~,_ tiled TC_„/,,,_j_ mailed~~_ See relat64.CA86~ laW6uit8 ~ other w ~' U `n -L N ~ ~ o DOQ o ~~~ N j ~ W~ ~ . W vU ~ €'~ ~ W ~Z ~ z LLl ~ ~~ ~J t= U t NANTUCKET ZONIDIO BOARD Op APPEALS TOWbT AND COIIITTY BU=LpING D~ NAN'PIICKET, }~- 0255d wry CASE NoG/~i - APPLICATION FOR RET,IEF -- ~~ .. - ~-~~. !'Sr~.....s~• .mot _ -- ~.~ca~ ~~ / ^ .. ~ _ r '~w"' reams ~tri5 r ~ - .. „ _ ~ .BOARD ~ 4 e ~. ~ -'-~ ~r ~- Ohs` A~~~ 'r . : NANTUCKET, MASSACHUSETTS- _02554 ~= -~ ~ _ December 18, 1985 ~, Re: BEVER AND LUCERO REALTY TRUST (114-85) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. ~S.H 1. -~o ~~ William R. Sherman, Chairman BOARD OF APPEALS ~~ _ BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, DECEM- BER 13, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of BEVER AND LUCERO REALTY TRUST (114-85) address Box 1841, Nantucket, MA 02554, the Board enters the following Dec- ision and makes the following findings: 1. Applicant seeks a VARIANCE from Zoning By-Law SECTION 139-16A to remove an alleged defect in marketability of title to a substandard lot with small pre-1955 single-family residence, no expansion of which is requested. The premises are located at 11 WARREN STREET, Assessor's Map 5541, Parcel 040, Lot 1, Plan book 22, Page 72, in the RESIDENTIAL-1 zoning district. 2. According to the Application papers and representations of Appli- cant's cousel Lotl was subdivided ANR from Lot 2 by Planning Board endorse- ment 12/27/82,just prior to Applicant's December 1983 acquisition of title, the subdivision plan was entered in the Registry. We have in a prior pro- ceeding (075-85) granted variance relief with respect to Lot 2 resulting from the subdivision. Since each lot contained a pre-1955 dwelling,•ap- proval was not required of the Planning Board, M.G.L.Chapter 41 Section 81 L and P. 3. Lot 1 has an area of 2170 SF where 5000 SF are required. En- croachment of the single-story residence into the westerly side line set- back pre-dated zoning. One off-street parking space is provided on and for Lot 1. No relief is sought to expand the residence. A disposition by Appli- cant is planned; hence financial hardship is faced unless relied is obtain- ed here. 4. Absent opposition and with the Planning Board's favorable recom- mendation, we find that the relief sought may be granted without substan- tial detriment to the public good'~t~d without nullifying or'substantielly _ - -tit~_ ,~ ,~14~85) -2- derogating from the intent or purpose of the Zoning By-Law. 5. Accordingly, the Board by UNANIMOUS vote GRANTS to Applicant the VARIANCE relief requested. Dated: December 18, 1985 Nantucket, MA 02554 William R. Sherman ~ ~ `1 % ~. ~__ . i __-~ Dorothy D. Vollans ,; ~ t r t ~.~- r• ~~ M ~~ _~ ~~~ o~ ~ ~~ 0 Z •1-'~~~/ tsse M M ~ t Y i V y ~i < l' h f 4 } ~ 1 ~+ ~a '+ ~ 0 ~ a ` t \ 't ~ 2 ~ i ~ .. .. \ ` ` ' ~ . 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SUBMITTED BY :.................e~,y.(.?.~Q................,............,.~~/.~ v SEE ATTACHED PAGES I ccnifj that the foregoing is a list of persons who arc owners of abuning propcrry, o~,ners o' I~~_ ~'ircctl~ opposite on any public or private street or way; and zbuners o(the abuners and all ether ,znd o~~ncrs ~~ithin three hur:dred (ccl of the propcr~' lint o(owncr's propcrry, all as thc~ appc~r on the most recent applicable tax list. (M.G.L, e. 40A, Section ! I Zoning Code Chapter 139 Section I )9~29D (2) ). 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MIN. AREA: .. -S%O,QQ~,~.F MIN. FRONTAGE: ... . . ~p fT r, FRONT' YARD S.B.: ... . ~Q : ~'T. REAR di SIDE S.B.:. ~::~T GROUND COVER (X):..30. % . /Y~F ~° D,~13.(RRGL: -.(, EXISTING: ~~~_~~~ . S~.~£ l°<44K- • N h~ ~-~ ~~ u ~-yo./ ~F E'~.4k.E'Y ~F:. iH pF Mq o ~; ;~ ~,N U Ss~~~ti~ ~~ ~' =~ ''~' i CERTI Qr ;:?aas ~ ~`..~F, THAT THE BUI ~~9) ;J TED ON THE GROUND F~IQ PROFESSIONAL LAND SURVEYOR 7H1S PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT 8E CONSIDERED A PROPERTY UNE SURVEY. TH1S PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERLY ONES SHOWN RELY ON CURRI:Nf DEEDS AND PLANS OF RECORD. THIS PLOT PLAN 1S NOT A CERTIFlCATION AS 70 TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. ASSESSOR MAP:.5.5:.5;I. PARCEL• . yP. . BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS . SCALE: 1'= /O ~ DATE: G>G7: /> /995' Owner: To~Y~I ~. ~r ..°f{TiQ/C~r4 ~ /.Yt4,G.CPY ~.o r1 Dead: ~<•~P !`~.~'"Y. Plan ~•~ !~i• .7:2. Locus . ,`~, . hri,4f w~i~. ,`~'T , . , , . . CHARLES W. HART & ASSOCIATES, Inc. SANFORD BOAT BUILDING 49 SPARKS AVENUE NANTUCKET, MASS. 02554 (508) 228-8910 H-y~/~ NOT TO BE RECORDED. C:\JOBS\CWFI\BLP ~ ~ JOHN G. AND PATRICIA H_ MALLOY 1821 Washington Street Stoughton, MA 02072 I-Iistoric District Commission 37 Washington Street Nantucket, MA 02554 August 7, 2000 RE: 13 WARREN STREET, ASSESSOR'S MAP 55.4.1, PARCEL 40 Dear Commiccion Members; As we may not be able to attend the meeting to represent our Applications due to the possibility of being off-Island, we would like to provide backgound information that we hope you will consider in making your decision. We further request that this letter be read into the public record. We purchased the property, previously owned by Bill Bever, at 13 Warren Street in October of 1986. It was improved with asingle-family dwelling with the attached fence, deck and small addition, which we assumed met all zoning and I~istoric District Commission's ("HDC") regulations. Mr. Bever stated to us at the time of sale that he had constructed the fence, deck and addition in 1983, and from that statement we inferred that the construction had been undertaken pursuant to duly issued permits. As we financed the purchase of the property by refinancing our off-Island home, it was not necessary to seek a mortgage or title insurance, which would have required a more thorough inspection of the building department files. As a resuh, we were unaware of the lack of proper permits and compliance until recently. We are now seeking to "clean up" the situation by bringing the fence, deck and shed to the Zoning Board ofA,ppeals and the HDC. The fence, deck and addition are an integral part of this 1940's house and provide the only privacy we have from our neighbors, whose homes are sited extremely close to our house. The fence also provides privacy for the immediate abutters in this densely populated area. We feel that it would be a substantial hardship to remove the structures in order to bring the property into compliance on this small lot. The fence, deck and shed are difficult to see from the street with little negative impact upon the historic integrity of the area. We are also seeking a waiver of the substantial "as-built" fee, in excess of the regular fees charged for the fence ($25), deck ($25) and shed ($50), as the construction without the proper permits was not a result of action taken by us but by a predecessor-in- title. Mr. Bever is unfortunately deceased and unable to offer any further evidence on our behalf If you need any further information we would be happy to provide it and would welcome a viewing by the Commissioners should there be any concerns not addressed by this letter or the accompanying material Thank you for your consideration of this matter. Sincerely, ~ ~~~ John and Patricia Malloy ~~;~iru~ Zoning Board of Appeals Town of Nantucket Nantucket, MA 02554 Dear Board, Please consider this letter of support for the application of John and Pat Malloy for relief for their property at 13 Warren Street. I am the neighbor to the west and I do not believe that validation of the existing deck poses a problem. The deck has been there, I believe, since I bought my property in 1988. yours, Pe y Dey 17 arren S et Na tucket, MA 02554 (508) 228-9074 WARREN STREET REALTY TRUST 18 Russell Park Quincy, MA 02169 Brian E. Donovan, Trustee (617)471-7755 Fax (617)472-9028 July 31, 2000 Members Nantucket Zoning Board of Appeals Nantucket, MA 02554 Dear Sirs/Madams: My property at 11 Warren Street, Nantucket abuts the property owned by John and Patricia Malloy, 13 Warren Street, Nantucket, MA. Apparently the Malloys are seeking a variance from the Zoning Board of Appeals for their deck, which rests on the property line between our properties. I have no objection to the granting of a variance to the Malloys by the Board for the location of their deck. The location of that deck as it currently exists actually provides more privacy for my property. If you wish any additional information, please advise me. Sincerely, Brian E. Donovan Trustee BED/njd/b ,, j ~~M ~ __ _ _ _ l ~l c~ ~_j~- _ _ ~_LCX - - --- - l ~/ ~_. _. /v/ ~~F~C~~~i~ ----- a~ ~~r ~ ~4~ ~ ~z~ ~~~ i ;; ~; ~- ,;- a, 1 ~~ ~~ .; v JP LX+r'rG READS, GULLICKSEN, I IANLEY & GIFFORD, LLP SIX l~c>UNG'S \VAY NAI~TTUCICL'I', ;~I,~SSACHUSETTS 02554 ARTHUR I. READS, JR., P.C- . KENI~TETH A. GULLICKSEN (,QS) 225-3128 MAILING ADDRESS MARIANNE HANLEY FAQ: (SOS) 228-5630 POST OFFICE BOX 2669 \~UHTTNEY A. GIFFORD NANTUCKET, MASS. 02584 June 20, 2000 Mr. and Mrs. John G. Malloy 1821 Washington Street -- Stoughton, Massachusetts 020:' - - Dear Mr. and Mrs. Malloy: -- Thank you again for you~~cooperation in connection with --__ Peter DeBarros's Land Court ~c-use. I enclose copies of the -- documents which you signed, ~s__corrected and recorded, and of the -_==___ Stipulation which I have signed and filed with the Court. Please let me know if t-~-~~~e' is any question. Sinc ely rthur I. eade, Jr. air^readelaw.com Enclosures AIR/irv ~Y: L'\t1F RI.RROS\Mal l0)~011,TF.doc COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. PETER D2BARROS, ) Plaintiff.) STIPULATION Land Court Registration No. 43169 It is hereby stipulated by and between the plaintiff and John G. Malloy and Patricia H. Malloy (the "Malloys"), being the owners of certain land abutting the locus which is the subject of the above proceeding, as follows: 1. The plaintiff has granted to the Malloys an easement to maintain a certain structure encroaching upon the locus, b;~ J kn2 ~Z instrument dated ~~ 2000, recorde ~ with Nantucket Deeds in Book ~~, Page [r~~ (the "Easement Grant")- 2. The parties ac-~-ee ti,_at any judgment in this case, register ing and con= __ ~ ,- ~=_ __ _~ ~ ain _« ' :_~ '~_t !- _ ~ ~; ~ __~c- _~~c~:.- , shall ~~~'Cit~~ ,=,i- ~ t- -._ ..-.'~ ACC ~,:> the r~_OVis ,,~~:- ~-~~ LYi- r ~-.,~__-~ 4 3. The Ma~:~._- consent to the entry of judgment, registering and c:.....::~:g the plaintiff's title to the locus, pursuant to this ~~. ~~.~~~1 :,:ion. Respectfully submitted, PETER DeBARROS, Plaintiff By hi attorney, -- A thur I. R ade, Jr. ~ ,~___ Reade, Gullicksen, Hanley __ _ & Gifford, LLP - 6 Young's Way Post Office Box 2669 --,.=.~p_: Nantucket, Massachusetts 02584 (508) 228-3128 D<~:_^d ~ ~ ,~Ca~l John G. Malloy, R pondent 1821 Washington Street Stoughton, Massachusetts 02072 Patricia H. Mallo Res ndent 1821 Washington Street Stoughton, Massachusetts 02072 Date. Time. /~''' `' -with 1~! ~~u~~~~Cour~r Deeds~~ Joanne L. Kelley BOUNDARY LINE AGREEMENT ~ ~ "~ I `~ Register of Deeds J , This Agreement is made by and between PETER DeBARROS, of Nantucket, Massachusetts ("DeBarros") and JOHN G_ MALLOY and PATRICIA H_ MALLOY, of Nantucket, Massachusetts (the "Malloys")_ Recitals A_ DeBarros is the owner of certain land situated in Nantucket, Nantucket County, Massachusetts, shown as Lot C upon a plan by Josiah S. Barrett, dated March 1948, recorded with Nantucket Deeds in Plan Book 13, Page 83 (the "DeBarros Land"), by virtue of deed recorded ~•aith Nantucket Deeds in Book 181, Page 322. B_ The Malloys are the owners of certain land in said Nantucket, adjoining the DeBarros Land, shown as Lot 1 upon a plan by Michael S_ Bachman, dated December 27, 1982, recorded with Nantucket Deeds in Plan Book 22, Page 72 (the "Malloy Land"), by virtue of a deed recorded with Nantucket Deeds in Book 260, Page 254_ C. The parties, by this agreement, desire to fix and determine the boundary line betcaeen the DeBarros Lard and the Malloy Land. Covenants In consideration of the mutual agreements of the parties, they hereby covenant and agree as follows: 1. The parties agree that the boundaries bet~•.een the DeBarros Land and the Malloy Land are accurately depicted as shown upon said plan of the Malloy Land recorded with Nantucket Deeds in Plan Book 22, Page 72, upon an easement Plan by Charles W . Hart & Associates , Ir_c . , dated'` __ -r-~vr 6k= c e~s-=~=--B~E~~ n~ ; _ and upon a certain plan by Charles W_ cart ~ =associates, Inc., dated October 19, 1995, Bled with the Lard Court as the petitioner's plan in Recistr.ation Case No. X3159. --~ ~ ~~e~ ~~ ~s~~y4, a fta~tied ~ fi ,. . ;. ~. - > '. .. ~; <~ I?;.. _.ut~._u and sea__-, ~:_ ,___-- ~ >_~C.~O. ~..~ ~~ ~~ 6 ~. ~ _,c,~.1 l 1. a COMMONWEALTH OF MASSACHUSETTS Nantucket, ss_ June ~~ 2000 Then personally appeared the above-named Peter DeBarros, and acknowledged-the foregoing instrument to be his free act and deed, before me, Not ry Public Printed name : ~r-~~ ~ 1, ~~o?~P Jr My commission expires: ~ NOr/- I D, ZQG~o COMMOI\~[~7EALTH OF MASSACHUSETTS ss_ June lc~, 2000 Then personally appeared the above-named John G. Malloy and Patricia H_ Malloy, and acknowledged the foregoing instrument to be their free act and deed, before~m~e, Notarry Public Printed name : (~a~s ~ r]Z!~ ~~~~~ !'/l ~`1~~ f"S~ ~~ My commission expires: 1~_~ ~ _c~ F: \f:P\DEBkRR05\Ma11oyBLAgr.doc .. ~/ Osi~ut~"~~:~~rl wish Na^^~ et Courtly Oeecis Book:_,~~PaAe:__- ~~, f - Joenrte L. Ifslloy Ragisterof0eeds GRANT OF EASEMENT ~. ~. ~~ ~~~~ 1 I, PETER DeBARROS, as owner of the land in Nantucket, Massachusetts, shown as Lot C~.upon a plan by Josiah S. Barrett, dated March 1948, recorded with Nantucket Deeds in Plan Book 13, Page 83 (the "Servient Land") by virtue of deed recorded with Nantucket Deeds in Book 181, Page 322 (with his successors in title and interest, the "Servient Owner"), for consideration paid, grant to JOHN G. MALLOY and PATRICIA H. MALLOY, as owners of the land in Nantucket, Massachusetts shown as Lot 1 upon a plan by Michael S_ Bachman, dated December 27, 1982, recorded with Nantucket Deeds in Plan Book 22, Page 72 (the "Dominant Land"), by virtue of a deed recorded with Nantucket Deeds in Book 260, Page 254 (with their successors in title and interest, together the "Dominant Owner"), an easement appurtenant to the Dominant Land to maintain the existing structure (the "Existing Structure") upon the Dominant Land in its current location, encroaching upon the Servient Land, as shown upon the Easement Plan by Charles W. Hart & Associates, Inc_, dated December 15, 1999, attached hereto as Exhibit A. This easement shall terminate in the event that either (a) the Existing Structure is removed, or (b) the portion of the Existing Structure which encroaches upon the Servient Land is altered or enlarged. The Dominant Owner agrees to provide general liability insurance, with the Servient Owner named as an additional insured, covering the Existing Structure, and further agrees to maintain the Existing Structure in good repair so long as it shall continue to exist. The Dominant Owner hereby undertakes and agrees to permanently indemnify and save forever harmless the Servient Owner from and against all loss, liability, damage and expense which ma}% be incurred by the Serv-=nt Owner as a result of the exercise o ~ii1S eaSeil1ent }_i'.' ~`_- ~''Oi;~=n~,r~* Owner c.I7d t170Se ClalTll-2~G - - - ~~~ 1 ~_ - :k COMMONWEALTH OF MASSACHUSETTS Nantucket, ss_ June ~, 2000 Then personally appeared the above-named Peter DeBarros, and acknowledged the foregoing instrument to be his free act and deed, before me, Notary Public Printed name : ~C~-f ~~ ~ 1, ~Pa~PJ~ My commission expires. ~bv- l ~, 2006 We, JOHN G. MALLOY and PATRICIA H_ MALLOY, hereby accept and agree to the terms of the foregoing Grant of Easement_ Executed and sealed on June ~~, 2000. o ~- G. ~ John G _ Malloy ~j ~/ Patricia H_ Mal oy COMMOh~~~EALTH OF MASSACHUSETTS ss_ June ~ ~ 2000 Then personally appeared the above-named John G. Mal~oy a~~d '~<.~ _~ MaIIOV, %z,~C cCE;IpO~NLGdC~e^ ._I-~~ '-=Ors°-G`01_]ic: _."]S1 ~~~. _'_,' ~~-• ~, - - - - ;- ,`~• . 2 ',' CL.A.SSIFICATION: , + ~~. ,S, PQ.O, ~~~. tiuri, FnoNrACE: ~ :.. , ,SO ,Fr. FRONT YARD S.B.: , /, Q :F,-r' REAR ~ SIDE S.B.: : . ,~5, FT CROUNO C01~ER (7:): , ,,~ °lo, cn >v ~~ ~111tS1'1 H -1. { ~+ ~ ~ ' ~ ~ o~ Z ~ ~ c,> ~ i a~ o N ~ .. -'. - a ., ~ ~~o r ~~ T" ,~.~~~, r .. ` ~n Z ~ j 0 ,-:; ~ .~,~ _,/, N~F ~ i ' i. . ~ ,1 EX1STiNC: 2.1.7,Q * S~~ . SE.E 1~..~4>J _.~~., r~ U( Al-. it +, :• V^,`~; 'li n1o~lT1--( ~ ,'t' iz-~5-5..`1 `SS~F'41 -l- 'PETER DEB~{R~zoS d. `C PE ~~ ~~ ~'~ ~ o~ o _z •~ ..... 33..9 -~ ~~ /,? r' "' +~; r~tp ~ I ~ ~„~~I r~ j ~ ~~~~~ ~ ~~v, ~ w/F ~t~~N,U . ~ ~, c. • ~.~ ~ , S,F. ,~, ~ °'~-t-~ X84 - F ~ ~ ~~ zz rz o.~ i I i w,q ~r~F~l sT~T ,= ~! ~ ~, } ~ ~ 13 .S,S, 4.1.40 ~ 65°3/ ' NSF '.~~ ~...n(cNT ~`, ~! \~ ~l3EMEr.1T DEVIL 5 C,Q LE 1 "" = 1 " \~oes\cvMev .,i m h~ PrZTRC~~4 H. ~'L4LLD'( ~ E~(~/\'tEN T Pew( N OF LAND IN NANTUCKET, MASS. SCALE: t"= IJ~ DATE: DEC /5, / ~ ` ~ Owner: Jd-(~•1 C~. & Pr1T~~Gi{ N. ;~lsit.[-COY BBC, 260 Kam. 25~ ~' ~oT.t . . Deed: Plan ~ 22 PG. 'i;_ locus , ~ , ;^~!{~?~~, `~?'i~ET- , . CHARLES W, HART & ASSOCIATES, Inc. SANFORD BOAT BUII.DWG 49 SPARKS AVENUE NANTUCKET, MASS, 02554 (50~ 228-8910 H-~~b 7 .3743