Loading...
HomeMy WebLinkAbout001-99TOWN 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, JANUARY 8, 1999, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: ROBERT M. ELLIOTT AND LINDA C. ELLIOTT BOARD OF APPEALS FILE N0. 001-99 Applicants are APPEALING from a Decision, dated November 20, 1998, of the Building Commissioner under Nantucket Zoning By-Law §139-31, that the regular use of the properties situated at One and Three Elliott's Way as a site for wedding receptions does not violate the Zoning By-Law. The Applicants request that this Board overturn said Building Commissioner's Decision and find that the use of a residential property for functions involving tents, caterers, amplified music and the like more frequently than as an occasional event that is subordinate and ancillary to the primary residential activity is a commercial use not permitted in a residential zone. The Premises is located at ONE AND THREE ELLIOTT'S WAY, Assessor's Map 92.4, Parcels 319 and 319.1, Land Court Plan 5004-61, Lots 902 and 903, and Plan File 12-C, Lot C. The property is zoned Limited Use General-3. f^1 ~ W~ Dale W. Waine, Chairman THlS NOTICE IS AVAILABLE IN LARGE PRINT OR C~THCR ALT~RN;gTIVE. FORMATS FOR ASSISTANCE ;ALL c50~r Z~s=~2-~ ~ . ~ - -- - . - . ~ - - - - _ . _ . ~.- - -.-_ __ BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 ~.,~„~ -~ r/ Case No. ~ ~~" APPLICATION FOR RELIEF Owner's name(s): Robert M. Elliott and Linda C. Elliott Mailing address: 8E Hebron Road Marlborough CT 06447 Applicant's Name:_See Exhibit A Mailing Address: Lot Location: Assessor's map and parcel number 92.4 -319 and 319.1 Street Address: One and Three Elliott's Way Registry/LCPL: Lots 902 and 903 on LCPL 5004-61; Lot C on PLFL 12-C Date lot acquired: 2/15/73 Certs. 8643 and 14351 and Deed Book 193/336 Zoning district LUG-3 Uses on lot - commercial: See Addendum - Exhibit B MCD? - number of: dwellings 3 duplex- apartments rental rooms- Building date(s): all pre-8/72? 1979. 1989 & 1996 C of O? yes B1dg.Permit appl.Nos.356-98 12587-96 6246-89,281-98,2507-84, 1077-79 15-79 and 027-90 Case Nos all BoA applications lawsuits: ZBA File No. -81 granting variance 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 if a Special Permit (and 139-33A _ if to alter or extend a nonconforming use). If appeal per 139-31A & B X attach decision or orders appealed. OK to attach addendum2. See Addendum attached as Exhibit B. R ~(~,~~~~ ~ Items enclosed as part of this Application: order X addendum x TOWN CLERK'S OFFICE Locus map x Site plan- showing present- +planned structures NANTUCKET MA 02554 Floor plans present- proposed- elevations(HDC approved NL) kin data GCR k b g _ _ par s- ac Listings lot area- frontage- set Assessor-certified addressee list 4 sets x mailing labels 2 sets x DEC 2 1 1998 $200 fee payable to Town of Nantucket x proof''cap' covenant '(If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) TIME: 3'• ~`Z~ ~ M. I certify that the requested information submitted is substantially :_, ., js~' ~~~ complete and true to the best of my knowledge, under the pains and "'~ ~ -- ----- penalties of perjur Toole, Al an etas SIGNATURE: By: By their Attor ey, Melissa D. Philbrick '(If not owner or owner's attornev enclose proof of authority) p i lion cop'e~ r- d. FOR Bor OFFfor BoA on ' ~7~/~L pY-__~'L/~- ~p fil d with Toz~in~Clerk or~l~~ by complete?C~ One copy each to Planning Bd and Buildi~ng~D~ep~~~~ / by ~b~~- $200 fee check given Town T~,rnea~surer ~~~/'_! //~L bY~2C~ived? Hearing notice postecl~/~f' o mailed/c~/~~ I&ML~~~~,~j~~~~ Hearing (s) on_/_/_ cont' d to_/_/_, _/_/_ withdrawn?_/_/_ Decision due by_/_/_ made-/_/_ filed TC_/_/_ mailed-/_/_ See related cases lawsuits other EXHIBIT A Mr. and Mrs. Peter Hoey 31 Lookout Road Mountain Lakes, NJ 07046 Mr. and Mrs. Thomas Albani 8 McCrea Lane Darien, CT 06820 Mr. Allan L. Toole 2889 Polo Island Drive Wellington, FL 33414 Ms. Nikki Toole 875 Ridge Road Hamden, CT 06517 Mr. and Mrs. Raymond Prevette 37 Fenimore Road Scarsdale, NY 10583 Mr. and Mrs. John Maguire 152 Independence Road Concord, MA 01742 Mr. and Mrs. Steven Tritman 3 Mt. Vernon Square Boston, MA 02108 Mr. Dale Stoodley 917 North Rodney Street Wilmington, DE 19806 Mr. and Mrs. Roy Ericson 41 Gee Avenue Gloucester, MA 01930 EXHIBIT B ADDENDUM The Applicants are appealing from the Building Inspector's decision that the regular use of the properties situated at One and Three Elliott's Way as a site for wedding receptions does not violate zoning. A copy of the applicants' November 5,1998 complaint letter regarding the use of the property is attached as Exhibit C. The Building Inspector's decision is attached as Exhibit D. The Applicants request that the Board overturn the Building Inspector and find that the use of a residential property for functions involving tents, caterers, amplified music and the like more frequently than as an occasional event that is subordinate and ancillary to the primary residential activity is a commercial use not permitted in a residential zone. EXHIBIT C (1/~ELISSA ~. PI"IILBRICK, P.C. Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Melissa D. Philbrick Tei: (508) 228-5151 Fax: (508) 228-5155 November 5,1998 BY HAND John H. Dunn, Building Commissioner Nantucket Building Department 37 Washington Street Nantucket, MA 02554 Emily Avery Re: One and Three Elliott's Way (Map 92.4, Parcels 319 and 319.1) Dear Jack: Enclosed is the abutters' formal complaint which requests that you enforce the Zoning. By-law by notifying the owner that the commercial use of the above- referenced property as a wedding center is a violation of zoning and can not continue. Please advise me, on or before November 19,1998, in accordance with the provisions of Section 125.B of the Nantucket Zoning By-law, as to what enforcement actions the Building Department will be taking. Thank you for your attention to this matter, and if you have any questions, or would like to discuss the issues further, please do not hesitate to give me a call. S' erely, Melissa D. Philbrick cc: Mr. and Mrs. Peter Hoey Mr. Alan Toole and Ms. Nikki Toole Mr. and Mrs. Thomas Albani Mr. and Mrs. Raymond Prevette Mr. and Mrs. John Maguire Mr. and Mrs. Steven Truman Mr. Dale Stoodley Mr. and Mrs. Roy Ericson In BUILDING AND CODE E]N~FNORCEjVIENT DEPT'. TO 37 WASHINGTON STREET r(ANTUCKET, MASSACHUSETTS 0255 John H. Dunn Building Commissioner Telephone 508-228-7222 Tele Faz 508-228-7249 COMPLAINT SHEET Complaint No. Received: Letter (X) ~ Date Personal ( ) A M p,M. Time _ Telephone No. Complaint's Name: Various abutters - e Complaint's Address c/o rlelissa D. Philbrick, P.O. Box 148, Zero Main Street Nantucket, MA 02554 Complaint Received By: VIOLATIONS OF: xx -Chapter 139 Zonieg OdrdMass.eState BuildingaCodeet ~ CMR 780 As Am Sanitary Code, Article 2 Complaint Reported against: Tele.No. Name Robert r1. Elliott Address 8E Hebron Road rlarlborou h CT 06447 92 Parcel# 319 and 319.1 Location of Complaint 1 and 3 Elliott's way Map# -- Signature of Complainants rlelissa D. Philbrick, as Attorney for abutters listed in attached letter Nature of Complaint: SEE ATTACHED LETTER FOR OFFICE USE ONLY***************** *************** No ( ) Investigated by: Investigated: Yes ' MELISSA D. PHILBRICK, P.C. Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Emily Avery Melissa D. Philbrick Tel: (508) 228-5151 Fax: (508) 228-5155 November 5,1998 BY HAND John H. Dunn Building Commissioner Nantucket Building Department 37 Washington Street Nantucket, MA 02554 Re: One and Three Elliott's Way, Nantucket Assessor's Map 92.4, Parcels 319 and 319.1 Dear Jack: As we discussed several weeks ago, I represent Peter and Linda Hoey of 61 Wanoma Way, Tom and Suzanne Albani of 39 Wanoma Way, Alan and Nikki Toole of 11 Sansbury Road, Raymond and Lorraine Prevette of 62 Wanoma Way, John and Linda Maguire of 63 Wanoma Way, Steven and Donna Truman of 65 Wanoma Way, Dale Stoodley of 5 Hollister Road and Roy and Barbara Ericson of 9 Sandsbury Road. On their behalf I am filing a complaint about the use of the above-referenced property. The Elliotts advertise their three single family homes for rent on a weekly basis as a site where weddings can be conducted overlooking the ocean with housing for the wedding party and wedding guests available. The homes on the property have no interior space that is suitable for a large event, and therefore the practice has been for tents to be erected without the required permits from your office to protect the band and the dance floor, the caterers' preparation area, and the areas where reception guests gather to drink and eat. Often portable toilets are brought in since the facilities in the homes can not accommodate the number of guests attending the function. Every weekend this season from early May through early July and beginning again after Labor Day through last weekend, the tents and a new group of guests begin to arrive on Wednesday, the parties and functions begin in earnest by Friday, with the wedding on Saturday, and then the clean-up and dismantling of the tents and equipment takes place on Sunday. This commercial use of the property on a regular basis brings heavy traffic (caterers' trucks and equipment, rental companies setting up the tents and the tables, not to mention the buses and taxis transporting the wedding guests John H. Dunn November 5,1998 Page Two themselves), amplified music and announcements, large numbers of people being served liquor, the temporary construction of large tents and function support facilities into a residential neighborhood. A review of the Building Department records for the Elliotts' properties shows that, other than two permits in May, no permits have been requested or issued for the erection of tents on the properties. This is a violation of the State Building Code. I assume that the required inspections by the Fire Department are also not being performed. These non-compliance issues mean that serious health and safety risks may exist. Most importantly, this use of the property is commercial and not permitted in this residential zoning district. When a property owner applies for a permit to erect a tent to have a party at their home to celebrate a wedding, an anniversary or other special event in their family, there is no question that (even though a tent may be utilized) this use is ancillary to the primary use of the property for residential purposes. The impact on the neighborhood is negligible in that it is a rare occurrence on any one particular piece of property. The Elliott properties are being utilized as would any of the hotels or restaurants that offer their commercial facilities to special event planners. The three houses on the subject property, which are advertised for rent as a group, contain a total of 15 bedrooms -the same as a small hotel. The transient group that pays to conduct their event on the property has no relationship to the owners' residential use of the premises. These functions have become the principal use of the property, and the use of the buildings as single-family homes has become incidental. The detrimental impact on the neighborhood of this commercial venture is extreme. I submit that this practice of renting the property to persons unrelated to the property owner for use as a site for outdoor weddings and receptions is a commercial use which subverts the residential character of the property and the neighborhood. On behalf of the abutters, I ask that you issue a cease and desist order to Mr. Elliott prohibiting him from continuing to operate this property for such commercial purposes. I also submit that, under zoning, no permit for a tent on a residential property can be issued unless the applicant has proven to your John H. Dunn November 5,1998 Page Three satisfaction that the function that is to take place in the tent is an isolated event which will not be repeated in the near future. It is imperative that such notice be given to Mr. Elliott as soon as possible before he begins renting the property for next summer's wedding season. erely, elissa D. Philbrick cc: Mr. and Mrs. Peter Linda Hoey Mr. Alan Toole and Ms. Nikki Toole Mr. and Mrs. Thomas Albani Mr. and Mrs. Raymond Prevette Mr. and Mrs. John Maguire Mr. and Mrs. Steven Truman Mr. Dale Stoodley Mr. and Mrs. Roy Ericson EXHIBIT D ~3UILDING AND CODE ENFORCEMENT DEPT. November 20, 1998 Melissa D. Philbrick Zero Main Street P.O.Box 148 Nantucket, Ma. 02554 TOWN BUILDING ANNEX 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Telephone 508-228-7222 Tele Fax 508-228-7249 RE: One and Three Elliotts Way, Map 92.4 Parcel 319 & 319.1 Letter of November 5~', 1998 Dear Melissa: John H. Dunn Building Commissioner The complaint request for enforcement on Commercial use of the three Elliots houses located on 1 and 3 Elliots Way. The town zoning by-laws for tent use allows up to thirty days per permitted use. There is no mention of the number of permits that would be allowed per property each season. The Elliots denied that there has been commercial use each weekend by renters of the property. That there family and friends were the users of the property. My investigation of the use on the property in the past year indicates the use of the property has been no different than is allowed by the zoning statue. Therefore find no violations on the property. Yours H. Dunn fins Commissioner ~~. L~ _ ~`I Hp~~/sT 0 ~ x'15 - ~ Y~ FR ~~~ STav p ~ ~_ [n y / - 3 [" ur ~3 [io [u ~ u[ - [a 9p [:, qo --}-j~.o [3~ [~, Zri tL T O.F. [N [11 [!! [[, [N []3 / [x Stu ~ n. s [N _233 ]e[_ fl [U ~~ li _ \ [I[ [1[ ~,\ 711 ~~a 1, ]Sl ,c[ lnT `3 ~ >,[ '°' u/ ~ r~,,, P G~~~I. ~ ~`' 3 ~„` !21 Y ~,,,~ ~,o i LOCUS MAP M 0, 4N~SB~RY ~1.iV _~ q RO (lY1 / Ap ~~ 1, ~ > / / i'' II ~~ 5' b~ II '~ ~ ooh [.. `~~ / Z '`S ~~_ [,~ [,[ ~~ ~~` ~„ i ~ Wei ~ ~~-fMA~ ~,qo pll4n ~ ~i ~s ] FZ i~ i,.l C~+) 'L2 - ~ s L3 ~~Y M~6"te .3~ ~o~~ ~`~pR / 1 • 1 ~\\0~ W ~ ~,.., E~~~Of f sn uaoo/t ~e-a IY/~~ 1[-H '~}]-A.1 r .~~ ~LBANI ~~ 3~ w~,~om q ,,a ~. 1'3,0 :o ~ N~r~ ~ ,[.. .Fa.+.[rOr To~nl a Fulrlxur -•. '~z Oorxbina~ ~7~tc~~~'~rc° ~~`~.~~v 3~d~ BOA FORM PROPERTY OWNER: NANTUCKET ZONING BOARD OF APPEALS TOWN RND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSOR'S LIST OF PARTIES IN INTEREST l APPLICANT FOR RELIEF (SAME? ): ADDRESS OF PROPERTY : O~ ~' ~ ~'~' ASSESSOR'S MAP/PARCEL: 92' / - 3i~I ~- 3! 2/89 U O"~-~ LIST OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED ): * r. I certify that the foregoing (or the attached ) lists all persons, natural or legal, who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within three hundred feet of the property line of Owner's property, as they (and their address) appear on the most recent applicable tax list [per M.G.L. c. 40A, §11 and Zoning Code Chapter 139, §139-29D(2)]. JZ~yIR ~ ~ `-~ ' Date Assessor's Office Town of Nantucket *NOTE: Applicant (Petitioner) should include with the lot for which zoning relief is sought, any commonly-owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. Submitted by: Melissa D Philbrick Attorney DEC 3 1~~~3 Date Client: ~6~~` C~!`l d~ Forms/BOA 12/04/98 TOWN OF NANTUCKET 09:44:00 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 0924 0320 KATZ FRANK L & ELISE R US HIGHWAY N0. 1 0051 WANOMA WY C/0 STRICK CORP. FAIRLESS HILLS PA 19030 0924 0318 ALBANI SUZANNE B & THOMAS J 8 MCCREA LN 0039 WANOMA WY DARIEN CT 06820 0924 0321 NANTUCKET ISLANDS LAND BANK 0022 BROAD ST 0009 WANOMA WY NANTUCKET MA 02554 0924 0244 EVANS KATHLEEN R 28 SACHEM ROAD 0050 WANOMA WY ~ncl~~1 ~~ /KS ~ 2~~ ,Z~' WESTON CT 06883 D TOM NEVERS RD 1316 BEECHWOOD DR 0032 OL 0924 024b CROSS JOHN G ANN ARBOR MI 48103 0924 0267 STOODLEY DALE G & BARBARA C 8 G917 N RODNEY ST 0000 HOLLISTER RD CROSS JOHN G & CYNTHIA WILMINGTON DE 19806 0924 0273 ERICSON ROY K & BARBARA K 0041 GEE AVENUE 0009 SANDSBURY RD GLOUCESTER MA 01930 0924 0272 *TOOLE ALLAN L & NIKKI S 40 TEMPLE STREET 0011 SANDSBURY RD NEW HAVEN CT 06510 0924 0284 TOOLE ALLAN L & NIKKI S 2889 POLO ISLAND DR 0011 SANDSBURY RD WELLINGTON FL 33414 0924 0285 TOOLE ALLAN L 2889 POLO ISLAND DR 0011 SANDSBURY RD ~ n`~~S ~ ZIjV WELLINGTON FL 33414 . P1nn 0092 0009 *NANTUCKET TOWN OF C016 BROAD ST 0000 TOM NEVERS NANTUCKET MA 02554 0092 0010 *41ILLIAMS RICHARD & IMOGEN S SALT SPRING ISLAND 0000 WANOMA WY 175 REGINALD HILL ROAD BRITISH COLUMBIA V8K 1V7 0092 0025 HOEY PETER E & LINDA F 0031 LOOKOUT RD 0061 WANOMA WY MOUNTAIN LAKES NJ 07046 0092 0026 MAGUIRE JOHN J & LINDA & 0152 INDEPENDENCE RD 0063 WANOMA WY CAROVILLANO ROBERT CONCORD MA 01742 0092 0013 REAL M FLINT & JUDY A 0419 BEACON ST 0060 WANOMA WY }~`~~~ ~/x.Q,S )`~~'~S BOSTON MA 02115 2 ANOMA WY 0092 0016 PREVETE RAYMOND C & LORRAINE 8 0037 FENIMORE RD 006 W ~G~v~ PNts~) I ~ b I Q> SCARSDALE NY 10583 NATHAN WY 0075 0036 SEIBERT RICHARD H & ANNE W TRS 1165 WINDSONG DR 0001 JO THE SEIBERT FAMILY TRUST YORK PA 17403-4491 PAGE 1 MUAS750 8.7 NUMBER OF RECORDS = 17 12/04/98 TOWN OF NANTUCKET PAGE 1 10:06:36 OWNER'S MAILING ADDRESS LIST MUAS750 8.7 Map Block Lot Owner's/Co-Owner's Name 0924 0263 STOODLEY DALE G i nc,IN~es Pare. Z~(R 0924 03191 ELLIOTT ROBERT M t ~ tl,v~,i,S ~} Uq a'. - 0011 • ~ NUMBER OF RECORDS = 2 Mailing Address/City State Zip 0917 N RODNEY ST WILMINGTON DE 19806 0008 PINEGROVE RD MARLBOROUGH CT 06447 Property Location 0005 HOLLISTER RD 0003 ELLIOTS WY Law Offices ~~eter~ 9~. ~rG j-~~~ 18 Broad Street P. O. Box 3383 Nantucket, MA 02584 Teleplane(.X,~)228-27XJ Fax(Sl~)2287852 a~l~cj~g@ncnk~et~ Apri121, 1999 Town of Nantucket, Clerk 16 Broad Street Nantucket, MA 02554 RE: Docket 99-15 Dear Ma'am: Please find enclosed the amended complaint relative to the above referenced docket number. This amended complaint has been filed as a matter of right pursuant to Massachusetts Rules of Court 15 (a). Please don't hesitate to contact this office should you have any questions relativeto this matter. Trusting that you find everything in good order, I remain, Thank you for your attention to this matter. RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 APR 21 1999 ~rIME:_ ~ ~.IL r, ,u lT7S~, t;LERK: e _ , COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. Robert M. IIliott, and Ms. Linda C. IIliott Plaintiffs v. Superior Court C.A. No. 99- TIME: Neil Parent, Michael O'Mara, William Hourihan, Nancy Sevrens, Linda Williams, as they are members of the Nantucket Zoning Board of Appeals and Peter and Linda Hoey, Tom and Suzanne Albani, Alan and Nikki Toole, Raymond and Lorraine Prevette, John and Linda Maguire, Steven and Donna Tritman, Dale and Barbara Stoodley, Roy and Barbara Ericson, Defendants RECE~i/ED TOWr~ ~'LI=.RK'S OFFICE NANTUCf<ET, MA 02554 APR 2 2 1999 CLERK: Amended Complaint Appealing Constructive Grant of Appeal of Building Commissioner's Decision 1. Plaintiffs, Robert M. IIliott and Linda C. IIliott, (hereinafter "Plaintiffs"), are individuals residing at 8E Hebron Road, Marlborough, CT 06447. 2. Defendants Neil Parent, Michael O'Mara, William Hourihan, Nancy Sevrens and Linda Williams 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 Hourihan 26 Hawthorne Lane Neil Parent 31 Old South Road Michael O'Mara 240 Polpis Road Nancy Sevrens 24 Vesper Lane Linda Williams S. Pasture Lane 4. Defendants, Peter and Linda Hoey , have a residential address of 31 Lookout Road, Mountain Lakes, NJ 07046, Tom and Suzanne Albani have a residential address of 8 McCrea Lane, Darien Ct., Alan and Nikki Toole have a residential address of 2889 Polo Island Drive, Wellington, Fl. 33414, Raymond and Lorraine Prevette have a residential address of Fenimore Rd., Scarsdale, NY, 10583, John and Linda Maguire COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. Robert M. Elliott, and Ms. Linda C. Elliott Plaintiffs v. Neil Parent, Michael O'Mara, ) William Hourihan, ) Nancy Sevrens, ) Linda Williams, as they are ) members of the Nantucket ) Zoning Board of Appeals ) and j Peter and Linda Hoey, ) Tom and Suzanne Albans, ) Alan and Nikki Toole, ) Raymond and Lorraine Prevette, ) John and Linda Maguire, ) Steven and Donna Truman, ) Dale and Barbara Stoodley, ) Roy and Barbara Ericson, ) Defendants ) Superior Court C.A. No. 99- Complaint Appealing Constructive Grant of Appeal of Building Commissioner's Decision RECEIVED TOWN CLERK'S OFFICE NAPJTUCKET, MA 02554 ~: =R 2 1 1999 Asp. CLERK:.~1 L ~•. ~ }-- 1. Plaintiffs, Robert M. Elliott and Linda C. Elliott, (hereinafter "Plaintiffs"), are individuals residing at 8E Hebron Road, Marlborough, CT 06447. 2 Defendants Neil Parent, Michael O'Mara, William Hourihan, Nancy Sevrens and Linda Williams 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 Hourihan 26 Hawthorne Lane Neil Parent 3~1 Old South Road Michael -O'Mara 240 Polpis Road Nancy Sevrens 24 Vesper Lane Linda Williams S. Pasture Lane 4. Defendants, Peter and Linda Hoey , have a residential address of 31 Lookout Road, Mountain Lakes, NJ 07046, Tom and Suzanne Albans have a residential address of 8 McCrea Lane, Darien Ct., Alan and Nikki Toole have a residential address of 2889 Polo Island Drive, Wellington, Fl. 33414, Raymond and Lorraine Prevette have a residential address of Fenimore Rd., Scarsdale, NY, 10583, John and Linda Maguire have a residential address of 152 Independence Drive, Concord, MA 01742, Steven and Donna Tritman have a residential address of 65 Wanoma Way, Nantucket, MA 02554, Dale and Barbara Stoodley have a residential address of 917 N. Rodney St., Wilmington, DE 19806, Roy and Barbara Ericson have a residential address of 41 Gee Ave., Gloucester, MA 01930, collectively, hereinafter "Hoey, et. al.". S. Plaintiffs own the subjects parcels of 1 and 3 IIliotts Way, Nantucket Assessors Map 92.4, Parcels 319 and 319.1. 6. Defendants Hoey, et.al, complained to the Nantucket Building Commissioner on November S, 1998, that the Plaintiffs were using their land commercially, to wit, as a wedding center, in violation of Chapter 139 of the Zoning Ordinances of the Town of Nantucket, and requested that he enforce the same against the Plaintiffs. Note that this letter is long, vague and rambling in nature. See Exhibit A. 7. The Nantucket Building Commissioner, John H. Dunn, declined the request for enforcement in his November 20th, 1998, letter to the Defendants' attorney, Melissa Philbrick, on the basis that the Building Commissioner did not find any violations of the Nantucket Zoning Ordinances, or violation of any other ordinances or laws. See Exhibit B. 8. On December 9, 1998, the Defendants, Hoey et. al., through their attorney, appealed Nantucket Zoning Board of Appeals, the Building commissioners refusal to act to the ZBA pursuant to Section 139-31 of the Nantucket Zoning By-Law, and pursuant to M.G.L chapter 40A, Sections 8 and 1 S. See Exhibit C. 9. On January 8, 1999, the Nantucket Zoning Board of Appeals met after due notice, and after a long hearing affording all parties to speak at length, the ZBA unanimously voted to uphold the Building Commissioner's Decision not to take any enforcement action. See Exhibit F. 10. Attorney Philbrick, on behalf of her clients, in the mean time, filed duly with the Town of Nantucket Selectman's office, two Town Warrant articles aimed at regulating the use of the Plaintiff s property (and everyone else's property on Nantucket Island) beyond what the current Zoning Code and Town of Nantucket Code call for. See Exhibits D and E 11. Specifically, the proposed warrant articles would have limited the use of the properties in the same way that the Hoeys had requested of the Building Commissioner and the ZBA. 12 The Warrant articles would have characterized certain activities as Commercial, therein creating an enforcement by the Building Commissioner. 13. On March 31, 1999, Defendants, Hoey, et. al., filed a notice of constructive grant with the Town Clerk of Nantucket claiming that the December 9, 1998 appeal of the Building Commissioner's refusal to act to the ZBA had not been acted on within 100 days. See Exhibit G, Certified copy of the Constructive grant filed with the Town Clerk of Nantucket. 14. On April 13, at the annual meeting of the Town of Nantucket to approve or deny warrant articles, the Town of Nantucket voted to deny both proposed warrant articles. 15. Plaintiffs are aggrieved by the constructive grant of the Defendants Hoey, et. al., constructive grant because: (a) The ZBA did act within 100 days by holding a duly noticed hearing and taking testimony and evidences; (b) The ZBA did act within 100 days by voting unanimously to uphold the Building Commissioner after holding a duly noticed hearing; (c) The ZBA did act within 100 days by reaching a decision on the Appeal; (d) The ZBA did not issue a written decision within 100 days, and their inaction should be excused because the Board was not required to issue a written decision in this case where they explicitly upheld the Building Commissioner's decision; (e) The ZBA could not issue a decision within 100 days and their inaction should be excused because of the limited resources available to it and its overly burdensome work load. See Affidavit of Dirk Gardiner Roggeveen, Exhibit F. (f) The Town spoke at Town Meeting explicitly against this constructive grant of law and the Town voted such determination after such request was made by these Defendants. (g) It would be explicitly against the Town's will laws and by-laws not to annul the Defendants` Hoey, et. al., constructive grant. (h) The complaint for enforcement was long, vague and rambling and called for the Building Commissioner to draw legal conclusions and also was unclear and overly broad as to what actions it requested of the Building Commissioner (i) As such, the request for enforcement cannot be granted as a matter of law because of its vague and overly broad language and text. (j) It would be impossible, unfair and unjust to the citizens of Nantucket to constructively grant such a request. 16. The constructive grant exceeds the authority of the Building Commissioner and Defendants based on the above and other factors. 17. The Plaintiffs are bringing this action in the nature of certiorari and mandamus pursuant to M.G.L 40A section 17 wherein a right to appeal a constructive grant under M.G.L 40A section 15 is explicitly granted. WHEREFORE, plaintiffs request that this Honorable Court enter judgment in their favor, as follows: (a) Annul the constructive grant attached as Exhibit C. (b) Remand the case to the ZBA for further consideration of the matters set forth in this Complaint. (c) Enjoin the Building Commissioner from enforcing any part of the Zoning By-laws or Town Code pursuant to the attached constructive grant. (d) Issue such further relief as this Honorable Court shall deem appropriate. (e) Award Plaintiffs their costs of this action, including if available, their attorney's fees and such other and further relief as this Court shall deem appropriate under the circumstances. Dated Ap99 Robert M. and Linda C. By Their Attorney: Peter D. Kyburg Law Offices of Peter D. 18 Broad Street P.O. Box3383 Nantucket, MA 02554 (508) 228-2790 BBO # 561628 ~_. e~~' Melissa D. Philbrick MELISSA D. PHILBRICK, P.C. Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Tel: (508) 228-5151 Fax: (508) 228-5155 November 5,1998 BY HAND John H. Dunn Building Commissioner Nantucket Building Department 37 Washington Street Nantucket, MA 02554 Re; One and Three Elliott's Way, Nantucket Assessor s Map 92.4, Parcels 319 and 319.1 Dear Jack: A Emily Avery As we discussed several weeks ago, I represent Peter and Linda Hoey of 61 Wanoma Way, Tom and Suzanne Albani of 39 Wanoma Way, Alan and Nikki Toole of 11 Sansbury Road, Raymond and Lorraine Prevette of 62 Wanoma Way, John and Linda Maguire of 63 Wanoma Way, Steven and Donna Tritman of 65 Wanoma Way, Dale Stoodley of 5 Hollister Road and Roy and Barbara Ericson of 9 Sandsbury Road. On their behalf I am filing a complaint about the use of the above-referenced property. The Elliotts advertise their three single family homes for rent on a weekly basis as a site where weddings can be conducted overlooking the ocean with housing for the wedding party and wedding guests available. The homes on the property have no interior space that is suitable for a large event, and therefore the practice has been for tents to be erected without the required permits from your office to protect the band and the dance floor, the caterers' preparation area, and the areas where reception guests gather to drink and eat. Often portable toilets are brought in since the facilities in the homes can not accommodate the number of guests attending the function. Every weekend this season from early May through early July and beginning again after Labor Day through last weekend, the tents and a new group of guests begin to arrive on Wednesday, the parties and functions begin in earnest by Friday, with the wedding on Saturday, and then the clean-up and dismantling of the tents and equipment takes place on Sunday. This commercial use of the property on a regular basis brings heavy traffic (caterers trucks and equipment, rental companies setting up the tents and the tables, not to mention the buses and taxis transporting the wedding guests John H. Dunn November 5,1998 Page Two themselves), amplified music and announcements, large numbers of people being served liquor, the temporary construction of large tents and function support facilities into a residential neighborhood. A review of the Building Department records for the Elliotts' properties shows that, other than two permits in May, no permits have been requested or issued for the erection of tents on the properties. This is a violation of the State Building Code. I assume that the required inspections by the Fire Department are also not being performed. These non-compliance issues mean that serious health and safety risks may exist. Most importantly, this use of the property is commercial and not permitted in this residential zoning district. When a property owner applies for a permit to erect a tent to have a party at their home to celebrate a wedding, an anniversary or other special event in their family, there is no question that (even though a tent may be utilized) this use is ancillary to the primary use of the property for residential purposes. The impact on the neighborhood is negligible in that it is a rare occurrence on any one particular piece of property. The Elliott properties are being utilized as would any of the hotels or restaurants that offer their commercial facilities to special event planners. The three houses on the subject property, which are advertised for rent as a group, contain a total of 15 bedrooms -the same as a small hotel. The transient group that pays to conduct their event on the property has no relationship to the owners' residential use of the premises. These functions have become the principal use of the property, and the use of the buildings as single-family homes has become incidental. The detrimental impact on the neighborhood of this commercial venture is extreme. I submit that this practice of renting the property to persons unrelated to the property owner for use as a site for outdoor weddings and receptions is a commercial use which subverts the residential character of the property and the neighborhood. On behalf of the abutters, I ask that you issue a cease and desist order to Mr. Elliott prohibiting him from continuing to operate this property for such commercial purposes. I also submit that, under zoning, no permit for a tent on a residential property can be issued unless the applicant has proven to your john H. Dunn November 5,1998 Page Three satisfaction that the function that is to take place in the tent is an isolated event which will not be repeated in the near future. It is imperative that such notice be given to Mr. Elliott as soon as possible before he begins renting the property for next summer's wedding season. erely, ~i~ elissa D. Philbrick cc: Mr. and Mrs. Peter Linda Hoey Mr. Alan Toole and Ms. Nikki Toole Mr. and Mrs. Thomas Albani Mr. and Mrs. Raymond Prevette Mr. and Mrs. John Maguire Mr. and Mrs. Steven Truman Mr. Dale Stoodley Mr. and Mrs. Roy Ericson ~. ~c~ .. ~~ °~ Wit. 1~ $YJZL.DD~T~ A.TID CODE nW ,~OcrExCEN~tENT' D~~7'. TOWCi BULL 37 WASfiINGTON STREET r(~(TUCKET, MASSACEri1SETTS 0255 John H. Dunn $uilding Commissioncr Telephone508-228-7222 Tele Fas 508 228-7249 COMPLAINT SHEET Complaint No. Received: Letter (X) ~ Date Personal ( ) Time _A.M•_ P'M' Telephone No. e Complaint's Name: various abutters - Complaint's Address c/o r(elissa D. Philbrick, P.O. Box 148, Zero Main Street Nantucket, MA 02554 Complaint Received By: VIOLATIONS OF: xx Chapter 139 Zoning Ordinances, Town of Nantucket ~ CMR 780 As Amended Mass. State Building Code Sanitary Code, Article 2 Complaint Reported against: Tele.No. Name Robert M. Elliott Address 8E Hebron Road ~[arlborou h CT 06447 92 Parcel# 319 and 319.1 Location of Complaint 1 and 3 Elliott's Way Map~__l~ ~1i i Signature of Complainants pielissa D. Philbrick, as Attorney for abutters listed in attached letter Nature of Complaint: SEE ATTACHED LETTER *******~**~**~~FOR OFFICE-USE ONLY'****'`~`'`'`'`*'`'`**~* No () Investigated by: Investigated: Yes ( ) l' November 20, 1998 Melissa D. Philbrick Zero Main Street P.O.Box 148 Nantucket, Ma. 02554 Telephone 508-228-7222 Tele Fax 508-228-7249 RE: One and Three Elliotts Way, Map 92.4 Parce1319 & 319.1 Letter of November 5~', 1998 Dear Melissa: John H. Dunn Building Commissioner The complaint request for enforcement on Commercial use of the three Elliots houses located on 1 and 3 Elliots Way. The town zoning by-laws for tent use allows up to thirty days per permitted use. There is no mention of the number of permits that would be allowed per property each season. The Elliots denied that there has been commercial use each weekend by renters of the property. That there family and friends were the users of the property. My investigation of the use on the property in the past year indicates the use of the property has been no different than is allowed by the zoning statue. Therefore find no violations on the property. Yours EXHIBIT D RTTTT.nING AND CODE ENFORCEMENT DEPT. TOWN BUILDING ANNEX g7 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 H. Dunn ling Commissioner ;/ Melissa D. Philbridk (MELISSA D. PHILBRICK, P.C. Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 o° Emily Avery Tel: (508) 228-5151 RECEIVED Fax: (508) 228-5155 TOWN CLERK'S OFFICE NANTUCKET, MA 02554 DEC 0 9 1998 TIME: j\\ Ja~- `~-U A n.~. TO: NANTUCKET TOWN CLERK CLERK:~,L C~~~,m ~, . FROM: MELISSA D. PHILBRICK, as attorney for Mr. and Mrs. Peter Hoey, Mr. and Mrs. Thomas Albaru, Mr. Allan Toole, Ms. Nikki Toole, Mr. and Mrs. Raymond Prevette, Mr. and Mrs. John Maguire, Mr. and Mrs. Steven Truman, Mr. Dale Stoodley, Mr. and Mrs. Roy Ericson RE: ONE AND THREE ELLIOTS WAY, NANTUCKET (Tax Map 92.4, Parcels 319 and 319.1) DATE: DECEMBER 9,1998 NOTICE OF APPEAL On behalf of my clients, the above-referenced parties, we hereby appeal the November 20,1998, Decision of the Nantucket Building Commissioner under Section 139-31 of the Nantucket Zoning By-law and M.G.L. Chapter 40A, Sections 8 and 15. My clients are aggrieved by their inability to obtain an enforcement action from the Building Inspector as to the use of the above- referenced property. My clients filed a complaint with the Building Department asserting that the repeated use of the property as a site for functions involving tents, caterers, amplified music by tenants of the owners is an improper commercial use of residential property in the Limited Use General - 3 zone. The Building Inspector decided that-for so long as a tent is not used on a property for more than 30 days there is no zoning violation. My clients believe that, including set-up time, it is likely that tents were erected on the property for more than 30 days in 1998. However, the failure of the owners to obtain proper permits for those tents under the Building Code have made documentation difficult. More importantly, regardless of the number of days that tents were erected on the property, the Building Inspector has failed to evaluate the character of the use of the tents, which on this property in 1998 was commercial in character. See attached Application for Relief and its Exhibits for more details. ` ~ 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): Robert M. Elliott and Linda C. Elliott Mailing address: 8E Hebron Road, Marlborough. CT 06447 Applicant's Name:_See Exhibit A Mailing Address: Lot Location: Assessor's map and parcel number 92.4 -319 and 319.1 Street Address: One and Three Elliott's Way Registry/LCPL: Lots 902 and 903 on LCPL 5004-61; Lot C on PLFL 12-C Date lot acquired: 2/15/73 Certs. 8643 and 14351 and Deed Book 193/336 Zoning district LUG-3 Uses on lot - commercial: See Addendum - Exhibit B MCD? - number of: dwellings 3 duplex- apartments rental rooms- Building date(s): all pre-8/72? 1979. 1989 & 1996 C of O? Yes B1dg.Permit appl.Nos.356-98,12587-96, 6246-89,281-98,2507-84, 1077-79. 15-79 and 027-90 Case Nos all BoA applications lawsuits: ZBA File No. -81 grantincr variance 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 if a Special Permit (and 139-33A _ if to alter or extend a nonconforming use). If appeal per 139-31A & B X attach decision or orders appealed. OK to attach addendum'. See Addendum attached as Exhibit B. Items enclosed as part of this Application: order X addendum x Locus map x Site plan- showing present- +planned_ structures Floor plans present- proposed- elevations- (HDC approved NL) Listings 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- '(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 perju Toole, Al an etas SIGNATURE: By: ` By their Atto ey, Melissa D. Philbrick '(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies recd: 4_ or_ for BoA or. _/_/_ 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-/_/_ mailed-/_/_ I&M_/_/_, _/_/_ Hearing(s) on_/_/_ cont'd to_/_/_, _/_/_ withdrawn?_/_/_ Decision due by_/_/_ made-/_/_ filed TC_/_/_ mailed-/_/_ See related cases lawsuits other EXHIBIT B ADDENDUM The Applicants are appealing from the Building Inspector's decision that the regular use of the properties situated at One and Three Elliott's Way as a site for wedding receptions does not violate zoning. A copy of the applicants' November 5,1998 complaint letter regarding the use of the property is attached as Exhibit C. The Building Inspector's decision is attached as Exhibit D. The Applicants request that the Board overturn the Building Inspector and find that the use of a residential property for functions involving tents, caterers, amplified music and the like more frequently than as an occasional event that is subordinate and ancillary to the primary residential activity is a commercial use not permitted in a residential zone. ~c~'-.. . „~ Nq4 `/~~.~S.oS^ i ~ r sT ~~ \ STav~ ~s. ~~ r U' ter t~. ~, t.l ._. t>o -~: ev t3! ./~ IN 217 ~G[7v ~' Itl, ,,. eN ~lf tlt LOCUS MAP r ~ re•3a 97-~': 4HJSBURY 1].~V PR~~~ _~ r~ R~ (Iti1 f~' 11 q0 ~ ~ / ~ ~ ve ~ C,1 6o n ~-5~ ~_ ,~ o t I~' ~~ ~ ~ ~, W~~i i ~ -~ITM~~ ts+ ett 'QJ,gO ~ fr~4n ~ ?~ j LS tta ~ Y+/r~ \ ~ \, L 7 > Lt ~\ al ~e Y. ~ \ 7Gt \ .\ ,~, >at ~~~. ~ P~ 1 ~ N~~ ~ ~~ o ~' ,tl 3 ~'~` ~„~ ~,o ~- ~ i .~ ~LBANI \ 3~ w~nom A ,,. ,~`'°' t 'L2-~t L3 ~o~~ ~`apR / ,, ~ ~ ~~~ ~ ~~~ ~1 3~ W ,tn.~ ~`l~~f! >„ a~~.. /M/~* ~.t.l Ft.M )t0 Mira ~ ~ ••. _..~ A7lYL rfl 1b'17"0~° .t.a ,t.. MO/'n (TOM rw. a Iwrvcur ~ eomb~~4 ~~G°II~IY ARTICLE 30 ARTICLE 32 Amendment: Building Height) (Zoning 13ylnw Amendment: Tents) Wend Section 139-2 0(the Nantucket Zoning To see if the Town will vote to amend Section 139-7A (8) o(the Nantucket ord Usage, " by striking Section (1) of the definition Zoning [3y-law which currently lists the following as a permitted use in all zones: "Such nd replacing the same with the following framework and tents as are customarily used exclusively for outdoor carnivals, lawn Lion relative thereto: parties or like activities, for periods not exceeding thirty (30) days per year" by adding the following at the end of the provision: GHT structure shall be established for each side. provided, However, that no such framework or tents shall be used for periods >oint for each building or structure." exceeding six (6) days per year on properties where the principal use is residential unless a Special Permit from the Board of Appeals Vias issued based on a finding that the use is ancillary to the residential use of tfie property and not a commercial use. It ATION: Moved that the definition of "Building shall be presumed that more than two functions involving tents or other like Chapter 139-2 "Definitions and Word Usage", of temporary structures per year is a commercial use. et is hereby amended as follows (NOTE: new text; language [o be deleted is shown by (Melissa D. Philbrick, et al) changes are not meant to become part of the PLANNING BOARD RECOMMENDATION: Moved that Chapter 139-7A(8) of the Code of the Town of Nantucket is hereby amended as follows (NOTE: new language is shown as highlighted text; language !o be deleted is shown by 1 e. strikeout; these methods to denote changes are not meant [o become part of the HT text): tructure shall be established for each side.Eael~ 139-7A(8) fie: There shall only be one highest point Such framework and tents as are customarily used exclusively for outdoor carnivals, lawn parties or like activities, for periods not exceeding thirty (30) days per year. Provided, however, that no such framework or tents shall be used for periods exceeding;s'a (6) days per year on properties where the principal use is ARTICLE 31 residential unless a Special Permit from the Board of Appeals has issued based w Amendment: Definitions) on a finding2hat the use is ancillary to the residential use of the property and not send Chapter 139 (Zoning), section 139-2 of the a commercial use. It shall be presumed that more than two functions involving ollows: - tents or other like temporary structures per year is a commercial use. -out Food Establishment" as fo-lows: ARTICLE 33 - A commercial establishment, the primary (Zoning 8ylawAmendment: Permitted Uses/Customary Nome Occupation) i and/or beverages, including but not limited to ice To see if the Town will vote to amend Chapter 139 (Zoning), section 139-7A(4)(f) ed meals, etc., for consumption on or off the (Permitted Uses/Customary Home Occupation) of the Code of tl~e Town of Nantucket ~ded for immediate consumption rather than for as follows (NOTE: new language is shown os highlighted text; language to be deleted is of meals; (b) available upon a short waiting time; shown by strike-out; these methods used to denote changes are not meant to become part Bch a manner that it can be readily consumed of the hna! text): d. 139-7A. Ord of Appeals) (4) Customary home occupation. The activity: ATION: Moved that Chapter 139-2 of the Code of (f) Shall be limited to the sale of commodities prepared, crafted or otherwise amended by adding a new definition entitled produced on the premises. Retail sales incidental to the home occupation maybe s follows: permitted by issuance of a special permit by the Board of Appeals.~i~~ta+a-safes;~f T - A commercial establishment, the primary ~d and/or beverages, including but not limited ;, prepared meals for consumption on or off r Q' ~ o T m .~ o o ~ o 0 0 °, r~ °• ? • rf DC ~ d ° cT, ~' _ o f0 ~ a °i ~ -" ~ ~ ~ ~o ~u in N ~ ~ ro d N• ~ 3 < O C• ^ d ~ 7 < d ^ ~ ~ tp /D .~ Z ro N in ip ~ y ~t ~ d W 3 C~ f~~D O N ~• A H H ~?~ ~• ON ~ -~ .. O C 7 p' Z N n ~ r~D G O r~<p{ ~ ~ a ~ N ~ e. N ~ ro N ~ S S v' - ^_ ~o n. ~ T p b ~ n,' ~ _. G C n ~ S V' ~• N N• ~ J C ~ „y. O ~ ro ro S '^• H O ('~ ~ O O7 ~ N -+. _ ~ K ^ a J ro ~ ~ C N S ,~, .~ O S N O ~ O S J y .. ~ y lL] ID ~ C ro 7 J ~ ^ J O ~ J ~ O ~ J ~~ ~ d~ O ~ N• ~ ~ l0 y n ro ~ ro N ro ro N d .+ ~ fp ' ~ d ~ ~ ~ ~ _ ~ `~ ~ ~, ~ ~ N .~ 3 ip '~ ~ N y J '~ d .< !p C Oa ~ ~ d T ro N in O O ~ ,•. O ro ~ '' c -., a J N '~ o• ro ^ J~ c_ o~ ~n tp• J O J7 n ~ c - a a m < !p ~ N .+ J ~ ^ .. ~ O rp d O 3 in ~ ~ O D O j Q' ~ O 1 A .< , T 7 N• (~ ~_ d O O ^ ~ ro T Z J d ,^~ O c -, -~ o< J' °' ro c .» x' ro r 0 J ~- ~ f ro o a J o~~ D 3 s -• a ro o o c d a ro 3 n ro o ....~ a ~ d_ J N J v 7' r o io S ,~ ~ a ro N~ o ro<~ a o ~ g, o 0 3 ,'~ ~ o N• °+ ~ ~ ~ a o ° o ~ o` Z c ~ o °i ,~ m J ~ N .w V N C rp N• b Q' O ro 7• J. b~ J rp ~O S 3 n O < Oi ^ ~ b N p `~ D_ o, O ~ y y N ~ o ,fl'.r ~ Q' ~ ~ a ~ ~ m ~- O 3 7 ~ 01 O C S O T~ S c N Q• N• d O! rp O ~ O ~ rD ~ < ~' ~ ~ ro ~ o ~ ro ~ ~ ~ ~ 3 J o 4 ~,• J S N ~ ~ z o Ip ''* ~. K O Od,^ T '` 'D r+ O ry 'D O ~ ~ t0 ~ O .d. v, p^i ~' O -~ S ~ -+. fl, ~ ~ N ID ~ C 7 Ip O .N. T. ry ~ N ~ ~ Oi ~^ ~ ^. ~ d. Z S J N~ d C T ro d N ~ ~ C n O 7 ~ ro O d ro d d n- T J n C !y ~i ~ rD C O a C ro ~- O O _ '` a ~ ~ O S t n ~ ~ o, T fl O T n' ro '"~ ro d. 0 N S S ~' d r^D ~ ,.Zi ~D N ~ O ~ » OJ -~. b ~ D_ e~ N ~ ~ ~• Ci `G Or ^ O -t d T o ~'O',~ ~ ~ ~. F fD v0-i' < b n ~. A ~, fD < ~ o c a s ~ r~ ~ m ~ °i ~ 7 0 s o ~ ~ ~ a ~ ro ~c o '~ o• ~ s N N ro ^ L 2 = ro : ~ J 3 ~ O J ~ fD O ~ J ~ ~ O '^ of ~ ~ ~ ~ O d ro ,,,' • 7 .t ro ~ N O J ^ O' ~ 'p ~ ro to Lr y O --n ~ ~n • ^ 3 ro ro n b i ` fl; ~ ~ S ~ ~' . ~ ro ~ ,•,~ O 7 ~ O T i' i p,, S a ro ~ , ~. c o ~ ; d -~ ? ~. ~ ~ ar o N ~ d ~. -~ mss' ~, T o ro ~ ° -~ ~ ~ _ • rf 1 ~: ro '~ ~. ~., fl. S ma S J J ~ • ~ _ " .7 ty ro N • :., y A ~7 ~ 'i ~< N ro ~ ro H O O' L1 ~ Oi N ~ N Z ,n ~ ? ~ C N d d Or :; . 'Q . O . :.II. t*. 'II , ^ '^ lp • T ~~• m . n J ~p to 7' p , < i2 ~ ~, ~ a S d 3 ~ O a a '.C Q 'B O tD ~ ~ ro ro 3 S ~ ~ O ~ 7 C O O ~` ro ~` • ~ ~ , , D ~ ~ ro or N' Q 3 < o c v ~ T A 3 c ~ ~ ° N ro ~ ;~ ~ !D -. n i ~ N 0 O - O c .~ n• O N O °• ° ro ~ ° ^ d T N• N N Q 7 N .+ - d ~ S .-. ro 7 ° 1 T . Oi J •CS ri •••~ y (Q ro .~ C ro O N E N N O ~ to ^ ~ .. r9 O tD ' S ~ ° ~ "~ N S T ro N .y ~ O 0 ~ n ~ J ~ °• ~ J ? f~D ~ Ll. O F Cl. 3 H• ~ :^ '~ T O d to N .. 7 or 7 O 7 ~' ~ o, ro T ~ A a y .< a W o r m c A ° o < ~• a m p T ~ C ~ C O o V rD• ro a ms N ~ v ~ o , ~ T ° r _ • v ° '~ .. fD ~, ro ~ v, c ~ N ~ ~ ~ d ~ 3 ~ 3 ~ ~ ~ ~ ~ ~ O p '7' J a o, ~ -., ° rZ T o • {l 7 3 0 ~ C 7 ro ~ .+ rS ~ a o ~ .,., . o , -~ ro ° a Q` ,.. ~ N o '° ~ ~ ~ '` o ~ 3 ~ ~ ~ ~ or ~ ~ o ~ ~• ~ T ro T ~• ~. o °' A. a ~ ~ ~ ?' ~ oro, n ° ~ N ~ ~ a ~ o a ~- ~ ~ c - • J o a o, ~ ~ N ° N ~ `G S O n. to C 7 ~. ~ S T ro T .O a . rp ,r---- r -~ COMMONWEALTH OF MASSACHUSETTS AFFIDAVIT The undersigned being duly sworn does depose and say: 1. My name is Dirk Gardiner Roggeveen; I am known by no other name. 2. My address is P.O. Box 1827, Nantucket, Massachusetts 02554. 3. I serve as the Administrator of the Nantucket Zoning Board of Appeals, apart-time position with the Town of Nantucket. 4. In addition to my half-time employment, the Nantucket Board of Appeals employs one other half-time employee in the form of an Assistant Administrator. 5. As part of my employment as Administrator of the Nantucket Board of Appeals, I attended a duly noticed hearing of that same Board on January 8, 1999. 6. At that hearing, one matter before the Board was an appeal of the Building Commissioner's formal refusal to take enforcement action against a Mr. Elliott, whose summer tenants, upon occasion during the extended summer of 1998, erected party tents upon his property to facilitate their (the tenants') wedding receptions. 7. At said hearing, after lengthy testimony from abutters to Mr. Elliott, as well as Mr. Elliott, himself, and Mr. Elliott's rental manager, the Nantucket Zoning Board of Appeals unanimously voted to uphold the Building Commissioner's decision not to take enforcement action on the complaint that had been brought against Mr. Elliott. 8. The Zoning Board of Appeals' refusal to overturn the Building Commissioner was based in large part on its unwillingness to decide the legal issue that a residential tenant's use of residential property for a personal wedding reception constituted commercial use under the Nantucket Zoning Bylaw. 9. The Nantucket Zoning Board of Appeals did not issue a written decision memorializing its action at the January 8, 1999, hearing upholding the Building Commissioner in part because: (a) the office workload exceeded its limited budgetary and part-time staffing resources; and, (b) it was unclear what, if any, action was necessary following the approval of the Town Warrant by the Board of Selectmen which included two warrant articles restricting residential uses of party tents, the same is efore the Board in the Elliott case. Dirk Gardiner Roggeveen 20 April, 1999 - r-- ~. Melissa D. Philbrick MELISSA ~. PHILBRICK, P.C. Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Tel: (508) 228-5151 Fax: (508) 228-5155 Emily Avery RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 ~~,a~ ~ 1 ~9g~ TO NANTUCKET TOWN CLERK TIME:_ ~t CIS c~M ASS ~. CLERK: 1~ ~ `~ FROM: MELISSA D. PHILBRICK, as attorney for Mr. and Mrs. Peter Hoey, Mr. and Mrs. Thomas Albani, Dr. Allan Toole, Ms. Nikki Toole, Mr. and Mrs. Raymond Prevette, Mr. and Mrs. John Maguire, Mr. and Mrs. Steven Tritman, Mr. Dale Stoodley, Mr. and Mrs. Roy Ericson RE: ONE AND THREE ELLIOTS WAY, NANTUCKET (Tax Map 92.4, Parcels 319 and 319.1) DATE: MARCH 31,1999 G NOTICE OF CONSTRUCTIVE GRANT On behalf of my clients, the above-referenced parties, I hereby notify the Town Clerk, the Nantucket Zoning Board of Appeals (the "Board"), and all interested parties that my clients' appeal of the Building Commissioner's decision in connection with the above-referenced property (BOA File No. 01-99) has been constructively granted due to the Board's failure to act pursuant to M.G.L. c. 40A, section 15. Section 15 provides that the decision of the Board shall be made within one hundred (100) days after the date of the filing of an appeal, application or petition. The Town Clerk received the Notice of Appeal with an attached Application for Relief in BOA File No. 01-99 on December 9,1998. Pursuant to the statute, the Board must its written decision with the Town Clerk no later than March 19,1999. As of the date of filing this Notice, no decision has been filed. Any appeal of this constructive grant shall be made pursuant to M.G.L. c. 40A, section 17 and must be filed within twenty (20) days after the date the Town Clerk receives this written notice that the Board has failed to act within the time prescribed. See the attached copy of the Notice of Appeal, stamped by the Town Clerk as received on December 9,1998. ATTEST: A TRUE COPY 7~ NANTUCKET TOWN CLERK John H. Dunn November 5,1998 Page Three satisfaction that the function that is to take place in the tent is an isolated event which will not be repeated in the near future. It is imperative that such notice be given to Mr. Elliott as soon as possible before he begins renting the property for next summer's wedding season. erely, ~~~ elissa D. Philbrick cc: Mr. and Mrs. Peter Linda Hoey Mr. Alan Toole and Ms. Nikki Toole Mr. and Mrs. Thomas Albani Mr. and Mrs. Raymond Prevette Mr. and Mrs. John Maguire Mr. and Mrs. Steven Tritman Mr. Dale Stoodley Mr. and Mrs. Roy Ericson CERTIFICATE OF SERVICE I, Peter D. Kyburg, attorney for the Plaintiffs, do hereby certify that I have, on this date served the foregoing amended compliant on the defendants: William Hourihan, Post Office Box 602, Nantucket, MA 02554 Neil Parent Post Office Box 2458, Nantucket, MA 02584 Michael O'Mara 240 Polpis Road Nancy Sevrens Post Office Box 428, Nantucket, MA 02554 Linda Williams Post Office Box 1446, Nantucket, MA 02554 Peter and Linda Hoey , have a residential address of 31 Lookout Road, Mountain Lakes, NJ 07046, Tom and Suzanne Albani have a residential address of 8 McCrea Lane, Darien Ct., Alan and Nikki Toole have a residential address of 2889 Polo Island Drive, Wellington, Fl. 33414, Raymond and Lorraine Prevette have a residential address of Fenimore Rd., Scarsdale, NY, 10583, John and Linda Maguire have a residential address of 152 Independence Drive, Concord, MA 01742, Steven and Donna Truman have a residential address of 65 Wanoma Way, Nantucket, MA 02554, Dale and Barbara Stoodley have a residential address of 917 N. Rodney St., Wilmington, DE 19806, Roy and Barbara Ericson have a residential address of 41 Gee Ave., Gloucester, MA 01930. ~ ~ ~ I u- v Date: ~n r~ l ~ 1 I ~ ~ p-, r_ ( I ~ 1 I Peter D. Kyburg Law Offices ~~.~ ~. ~rG j-~~iu~ 18 Broad Street P. O. Box 3383 Nantucket, MA 02584 Telq~hone(.X,1~3)22,8275t~ Fax(SC~)22&7852 efrrdl~cj~iwgC~rret»et April 20, 1999 `ICt FROM: RE: DATE NANTUCKET TOWN CLERK PETER D. KYBURG, as attorney for Mr. and Ms. Robert Elliott ONE AND THREE ELLIOTTS WAY, NANTUCKET APRIL 20, 1999 NOTICE OF APPEAL On behalf of my clients, Robert and Linda IIliott, we are hereby notifying you that we are appealing to the Superior Court of the District and County of Nantucket, Massachsetts the constructive grant filed with you by Melissa Philbrick, attorney for Peter and Linda Hoey, having a residential address of 31 Lookout Road, Mountain Lakes, NJ 07046, Tom and Suzanne Albani having a residential address of 8 McCrea Lane, Darien Ct., Alan and Nikki Toole having a residential address of 2889 Polo Island Drive, Wellington, Fl. 33414, Raymond and Lorraine Prevette having a residential address of Fenimore Rd., Scarsdale, NY, 10583, John and Linda Maguire having a residential address of 152 Independence Drive, Concord, MA 01742, Steven and Donna Tritman having a residential address of 65 Wanoma Way, Nantucket, MA 02554, Dale and Barbara Stoodley having a residential address of 917 N. Rodney St., Wilmington, DE 19806, Roy and Barbara Ericson having a residential address of 41 Gee Ave., Gloucester, MA 01930, collectively, hereinafter "Hoey, et. al.", wherein Hoey, et. al., are claiming that because Nantucket Zoning Board of Appeals failed to take action on an appeal from the Building Commissioners decision not to take enforcement action, that the appeal was constructively granted. We are herein appealing that constructive grant under M.G.L. c. 40A sections 15 and 17. Please find attached a copy of the compliant as filed this day. RECEIVED TOWN ~..ERK'S OFFICE NANTl,~IET, MA 02554 APR 2 0 1999 Very truly yours, Peter D. Kyburg rl-u~: -~ COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. Robert M. IIliott, and Ms. Linda C. IIliott Plaintiffs v. Dale Waine, Michael O'Mara Edward Toole, Nancy Sevrens Linda Williams, as they are members of the Nantucket Zoning Board of Appeals and Peter and Linda Hoey, Tom and Suzanne Albani, Alan and Nikki Toole, Raymond and Lorraine Prevette, John and Linda Maguire, Steven and Donna Tritman, Dale and Barbara Stoodley, Roy and Barbara Ericson, Defendants Superior Court C.A. No. 99- Complaint Appealing Constructive Grant of Appeal of Building Commissioner's Decision ~iECEIVED ~~- ~-~,~,n gin., E~L~€~K'a~ OFFICE ~vAi~ITI.ECKE"!", MA 02554 ~~~ z o X999 rite ~: t;L~~t~: = S~ ~. 1. Plaintiffs, Robert M. Elliott and Linda C. IIliott, (hereinafter "Plaintiffs"), are individuals residing at 8E Hebron Road, Marlborough, CT 06447. 2. Defendants Dale Waine, Michael O`Mara, Edward Toole, Nancy Sevrens and Linda Williams 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: Dale Waine Edward Toole Michael O'Mara Nancy Sevrens Linda Williams 11 Bishop Rise 5 South Road 240 Polpis Road 24 Vesper Lane S. Pasture Lane 4. Defendants, Peter and Linda Hoey , have a residential address of 31 Lookout Road, Mountain Lakes, NJ 07046, Tom and Suzanne Albani have a residential address of 8 McCrea Lane, Darien Ct., Alan and Nikki Toole have a residential address of 2889 Polo Island Drive, Wellington, Fl. 33414, Raymond and Lorraine Prevette have a residential address of Fenimore Rd., Scarsdale, NY, 10583, John and Linda Maguire have a residential address of 152 Independence Drive, Concord, MA 01742, Steven and Donna Tritman have a residential address of 65 Wanoma Way, Nantucket, MA 02554, Dale and Barbara Stoodley have a residential address of 917 N. Rodney St., Wilmington, DE 19806, Roy and Barbara Ericson have a residential address of 41 Gee Ave., Gloucester, MA 01930, collectively, hereinafter "Hoey, et. al.". 5. Plaintiffs own the subjects parcels of 1 and 3 Dliotts Way, Nantucket Assessors Map 92.4, Parcels 319 and 319.1. 6. Defendants Hoey, et.al, complained to the Nantucket Building Commissioner on November 5, 1998, that the Plaintiffs were using their land commercially, to wit, as a wedding center, in violation of Chapter 139 of the Toning Ordinances of the Town of Nantucket, and requested that he enforce the same against the Plaintiffs. Note that this letter is long, vague and rambling in nature. See Exhibit A. 7. The Nantucket Building Commissioner, John H. Dunn, declined the request for enforcement in his November 20th, 1998, letter to the Defendants' attorney, Melissa Philbrick, on the basis that the Building Commissioner did not find any violations of the Nantucket Zoning Ordinances, or violation of any other ordinances or laws. See Exhibit B. 8. On December 9, 1998, the Defendants, Hoey et. al., through their attorney, appealed Nantucket Zoning Board of Appeals, the Building commissioners refusal to act to the ZBA pursuant to Section 139-31 of the Nantucket Zoning By-Law, and pursuant to M.G.L. chapter 40A, Sections 8 and 15. See Exhibit C. 9. On January 8, 1999, the Nantucket Zoning Board of Appeals met after due notice, and after a long hearing affording all parties to speak at length, the ZBA unanimously voted to uphold the Building Commissioner's Decision not to take any enforcement action. See Exhibit F. 10. Attorney Philbrick, on behalf of her clients, in the mean time, filed duly „- ith the Town of Nantucket Selectman's office, two Town Warrant articles aimed at regulating the use of the Plaintiff's property (and everyone else's property on Nantucket Island) beyond what the current Zoning Code and Town of Nantucket Code call for. See Exhibits D and E. 1 L Specifically, the proposed warrant articles would have limited the use of the properties in the same way that the Hoeys had requested of the Building Commissioner and the ZBA. 12. The Warrant articles would have characterized certain activities as Commercial, therein creating an enforcement by the Building Commissioner. 13. On March 31, 1999, Defendants, Hoey, et. al., filed a notice of constructive grant with the Town Clerk of Nantucket claiming that the December 9, 1998 appeal of the Building Commissioner's refusal to act to the ZBA had not been acted on within 100 days. 14. On April 13, at the annual meeting of the Town of Nantucket to approve or deny warrant articles, the Town of Nantucket voted to deny both proposed warrant articles. 15. Plaintiffs are aggrieved by the constructive grant of the Defendants Hoey, et. al., constructive grant because: (a) The ZBA did act within 100 days by holding a duly noticed hearing and taking testimony and evidences; (b) The ZBA did act within 100 days by voting unanimously to uphold the Building Commissioner after holding a duly noticed hearing; (c) The ZBA did act within 100 days by reaching a decision on the Appeal; (d) The ZBA did not issue a written decision within 100 days, and their inaction should be excused because the Board was not required to issue a written decision in this case where they explicitly upheld the Building Commissioner's decision; (e) The ZBA could not issue a decision within 100 days and their inaction should be excused because of the limited resources available to it and its overly burdensome work load. See Affidavit of Dirk Gardiner Roggeveen, Exhibit F. (f) The Town spoke at Town Meeting explicitly against this constructive grant of law and the Town voted such determination after such request was made by these Defendants. (g) It would be explicitly against the Town's will, laws and by-laws not to annul the Defendants' Hoey, et. al., constructive grant. (h) The complaint for enforcement was long, vague and rambling and called for the Building Commissioner to draw legal conclusions and also was unclear and overly broad as to what actions it requested of the Building Commissioner (i) As such, the request for enforcement cannot be granted as a matter of law because of its vague and overly broad language and text. (j) It would be impossible, unfair and unjust to the citizens of Nantucket to constructively grant such a request. 16. The constructive grant exceeds the authority of the Building Commissioner and Defendants based on the above and other factors. 17. The Plaintiffs are bringing this action in the nature of certiorari and mandamus pursuant to M.G.L. 40A section 17 wherein a right to appeal a constructive grant under M.G.L. 40A section 1 S is explicitly granted. WHEREFORE, plaintiffs request that this Honorable Court enter judgment in their favor, as follows: (a) Annul the constructive grant attached as Exhibit C. (b) Remand the case to the ZBA for further consideration of the matters set forth in this Complaint. (c) Enjoin the Building Commissioner from enforcing any part of the Zoning By-laws or Town Code pursuant to the attached constructive grant. (d) Issue such further relief as this I~onorable Court shall deem appropriate. (e) Award Plaintiffs their costs of this action, including if available, their attorney's fees and such other and further relief as this Court shall deem appropriate under the circumstances. Dated April 20, 1999 Robert M. and Linda C. IIliott, By Their Attorney: Peter D. Kyburg Law Offices of Peter D. Kyburg 18 Broad Street P.O. Box 3383 Nantucket, MA 02554 (508) 228-2790 BBO # 561628 MELISSA D. PHILBRICK, P.C. Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Emily Avery Melissa D. Philbrick Tel: (508) 228-5151 Fax: (508) 22&5155 November 5,1998 BY_ john H. Dunn Building Commissioner Nantucket Building Department 37 Washington Street Nantucket, MA 02554 Re: One and Three Elliott's Way, Nantucket Assessor's Map 92.4, Parcels 319 and 319.1 Dear Jack: As we discussed several weeks ago, I re 39 Wanoma Wad, Alan andeNikki 61 Wanoma Way, Tom and Suzanne Albaru of Y Toole of 11 Sansbury Road, Raymond and a ° Ste en and Donna Truman of 65ay~ John and Linda Maguire of 63 Wanoma W y, Wanoma Way, Dale Stoodley of 5 Hollister Road and Roy and Barbara Ericson of 9 Sandsbury Road. On their behalf I am filing a complaint about the use of the above-referenced property. The Elliotts advertise their three single f d verlookinf the ocean with kly basis as a site where weddings can be conducte g housing for the wedding party and wedding guests available. The homes on the property have no interior space that is suitable for a large event, and therefore the practice has been for tents to be erectance floor tthe caterers' preparation area, your office to protect the band and the d and the areas where reception guests gather to drink and eat. Often portable toilets are brought in since the facilities in th ehoweeke d this season from early number of guests attending the function. E ry May through early July and beginning again after Labor Day through last weekend, the tents and a new group of guests begin to arrive on Wednesday, the parties and functions begin in earnest by Friday, with the wedding on Saturday, and then the clean-up and dismantling of the tenta e d 1~ b ms br gs heavy on Sunday. This commercial use of the property o gu traffic (caterers' trucks and equipment, rental companies setting up the tents and the tables, not to mention the buses and taxis transporting the wedding guests John H. Dunn November 5,1998 Page Two themselves), amplified music and announcements, large numbers of people being served liquor, the temporary construction of large tents and function support facilities into a residential neighborhood. A review of the Building Department records for the Elliotts' properties shows that, other than two permits in May, no permits have been requested or issued for the erection of tents on the properties. This is a violation of the State Building Code. I assume that the required inspections by the Fire Department are also not being performed. These non-compliance issues mean that serious health and safety risks may exist. Most importantly, this use of the property is commercial and not permitted in this residential zoning districheir home torcoelebrat a weddPngsanr a permit to erect a tent to have a party at t there is no question that (even anniversary or other special event in their family, though a tent may be utilized) this use is ancillary to the primary use of the property for residential purposes. The impact on the neighborhood is negligible in that it is a rare occurrence on any one particular piece of property. The Elliott properties are being utilized as would any of the hotels or restaurants that offer their commercial facilities to special event planners. The three houses on the subject property, which are advertised for rent as a group, contain a total of 15 bedrooms -the same as a small hotel. The transient group that pays to conduct their event on the property has no relationship to the owners' residential use of the premises. These functions have become the principal use of the property, and the use of the buildings as single-family homes has become incidental. The detrimental impact on the neighborhood of this commercial venture is extreme. I submit that this practice of rend ugdoo Pweddin is and re eptions is a to the property owner for use as a site for o g commercial use which subverts the residential character of the property and the neighborhood. On behalf of the abutters, I ask that you issue a cease and desist order to Mr. Elliott prohibiting him from continuing to operate this property for such commercial purposes. I also submit that, under zoning, no permit for a tent on a residential property can be issued unless the applicant has proven to your john H. Dunn November 5,1998 Page Three satisfaction that the function that is to take place in the tent is an isolated event which will not be repeated in the near future. It is imperative that such notice be given to Mr. Elliott as soon as possible before he begins renting the property for next summer's wedding season. erely, ~~ elissa D. Philbrick cc: Mr. and Mrs. Peter Linda Hoey Mr. Alan Toole and Ms. Nikki Toole Mr. and Mrs. Thomas Albani Mr. and Mrs. Raymond Prevette Mr. and Mrs. John Maguire Mr. and Mrs. Steven Truman Mr. Dale Stoodley Mr. and Mrs. Roy Ericson ~o t1+ BYJZLD~TG A.NA COTJ~ EIN ~O~ CEMENT AEP7'• TOWCf BUILD 37 WASHI!'IGTOi`I STREET [~(ANT(JCfCET, MASSACHUSETTS 0255a John H- Dunn $uilding Commissioncr Tclephonc 508.228-7222 Tcle Frs 508-228-7249 COMPLAINT SHEET Complaint No. Received: Letter (X) ~ Date Personal ( ) Time__A~M~- P'M' Telephone No. e Complaint's Name: various abutters - c/o 1`telissa D. Philbrick, P.O. Box 148, Zero Main Street Complaint's Address Nantucket, MA 02554 Complaint Received By: VIOLATIONS OF: Ordinances, Town of Nantucket Xx Chapter 139 Zoning CMR 780 As Amended Mass. State Building Code Sanitary Code, Article 2 Complaint Reported against: Tele.No. Name Robert TI. Elliott Address 8E Hebron Road ,tarlborou h CT 06447 92 Parcels 31=319.1 Location of Complaint 1 and 3 Elliott'sAWay Map~~; ~ ~/ - / Signature of Complainants ~ " ~~'"S'r' " `~ rielissa D. Philbrick, as Attorney for abutters listed in attached letter Nature of Complaint: L FOR OFFICE USE OI~ILY***************** *************** No () Investigated by: Investigated: Yes ( ) EXHIBIT D ,~,,,,,,,,,,~, BUILDING .AND CODE ENFORCEMENT DEPT. ~~ v ~~~~ apNTU~~ .,,~ TOWN BUILDING ANNEX .~~ o~ f~''% 37 WASHINGTON STREET ~3`~~~ ~= NANTUCKET, MASSACHT.JSETTS 02554 John H. Dunn .O: .N~ 'F.~: jN~ Building Commissioner r ~; ~_ a= ~,~ ; Telephone 508-228-7222 '%~~ti;_~~~~0'~ Tele Fax 508-228-7249 p4~~9P RA; ~O,h`,~~ November 20, 1998 Melissa D. Philbrick Zero Main Street P.O.Box 148 Nantucket, Ma. 02554 RE: One and Three Elliotts Way, Map 92.4 Parce1319 & 319 Letter of November 5~', 1998 Dear Melissa: The complaint request for enforcement on Commercial use of the three Elliots houses located on 1 and 3 Elliots Way. The town zoning by-laws for tent use allows up to thirty days per permitted use. There is no mention of the number of permits that would be allowed per property each season. The Elliots denied that there has been commercial use each weekend by renters of the property. That there family and friends were the users of the property. My investigation of the use on the property in the past year indicates the use of the property has been no different than is allowed by the zoning statue. Therefore find no violations on the property. Yours >hn H. Dunn uilding Commissioner Melissa D. Philbridc Tel: (508) 228-5151 Fax: (508) 228-5155 o° Emily Avery RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 DEC 0 9 1998 TIME: ~ a~- ~-U p n~- TO: NANTUCKET TOWN CLERK C E K: ~,1._ C~~.~~.~.~. . FROM: MELISSA D. PHILBRICK, as attorney for Mr. and Mrs. Peter Hoey, Mr. and Mrs. Thomas Albani, Mr. Allan Toole, Ms. Nikki Toole, Mr. and Mrs. Raymond Prevette, Mr. and Mrs. John Maguire, Mr. and Mrs. Steven Truman, Mr. Dale Stoodley, Mr. and Mrs. Roy Ericson RE: ONE AND THREE ELLIOTS WAY, NANTUCKET (Tax Map 92.4, Parcels 319 and 319.1) DATE: DECEMBER 9,1998 NOTICE OF APPEAL On behalf of my clients, the above-referenced parties, we hereby appeal the November 20,1998, Decision of the Nantucket Building Commissioner under Section 139-31 of the Nantucket Zoning By-law and M.G.L. Chapter 40A, Sections 8 and 15. My clients are aggrieved by their inability to obtain an enforcement action from the Building Inspector as to the use of the above- referenced property. My clients filed a complaint with the Building Department asserting that the repeated use of the property as a site for functions involving tents, caterers, amplified music by tenants of the owners is an improper commercial use of residential property in the Limited Use General - 3 zone. The Building Inspector decided that for so long as a tent is not used on a property for more than 30 days there is no zoning violation. My clients believe that, including set-up time, it is likely that tents were erected on the property for more than 30 days in 1998. However, the failure of the owners to obtain proper permits for those tents under the Building Code have made documentation difficult. More importantly, regardless of the number of days that tents were erected on the property, the Building Inspector has failed to evaluate the character of the use of the tents, which on this property in 1998 was commercial in character. MELISSA D. PHILBRICK, P.C. Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 See attached Application for Relief and its Exhibits for more details. 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): Robert M. Elliott and Linda C. Elliott Mailing address: 8E Hebron Road Marlborou h CT 06447 Applicant's Name:_See Exhibit A Mailing Address: Lot Location: Assessor's map and parcel number 92.4 -319 and 319.1 Street Address: One and Three Elliott's Wa Registry/LCPL: Lots 902 and 903 on LCPL 5004-61• Lot C on PLFL 12-C Date lot acquired: 2/15/73 Certs. 8643 and 14351 and Deed Book 193/336 Zoning district LUG-3 Uses on lot - commercial: See Addendum - Exhibit B MCD? - number of: dwellings 3 duplex-, apartments rental rooms- Building date(s): all pre-8/72? 1979 1989 & 1996 C of O? yes B1dg.Permit appl.Nos.356-98 12587-96 6246-89 281-98 2507-84 1077-79 15-79 and 027-90 Case Nos all BoA applications lawsuits• ZBA File No. -81 granting variance 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 if a Special Permit (and 139-33A _ if to alter or extend a nonconforming use). If appeal per 139-31A & B X attach decision or order' appealed. OK to attach addendum'. See Addendum attached as Exhibit B. Items enclosed as part of this Application: order X addendum x Locus map x Site plan- showing present- +planned_ structures Floor plans present-, proposed- elevation s,_ (HDC approved N LA) Listings 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- '(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 perjur . Toole, Al ani etal SIGNATURE: By: By their Attor ey, Melissa D. Philbrick '(If not owner or owner's attorney enclose proof of authority) FOR BoA OFFICE USE Application copies reed: 4_ o-r_ 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-/-/_ mailed-/_/- I&M-/-/-~ -/-/- Hearing(s) on_/-/- cont'd to_/_/_, _/_/- withdrawn?-/-/_ Decision due by_I-/- made-/_/- filed TC-/-/- mailed-/-/_ See related cases lawsuits other EXHIBIT B ADDENDUM The Applicants are appealing from the Building Inspector's decision that the regular use of the properties situated at One and Three Elliott's Way as a site for wedding receptions does not violate zoning. A copy of the applicants' November 5,1998 complaint letter regarding the use of the property is attached as Exhibit C. The Building Inspector's decision is attached as Exhibit D. The Applicants request that the Board overturn the Building Inspector and find that the use of a residential property for functions involving tents, caterers, amplified music and the like more frequently than as an occasional event that is subordinate and ancillary to the primary residential activity is a commercial use not permitted in a residential zone. ~. ,: {. . ~~~: ~~ Nq4 `"~ns.o~ /~ 'Sr ~ ~~ STOU p ~s. ,y~ "y 2.r u, ,., 2=. 2>0 --~: v 2>, 2, ,» .,, '2., ~,. 2M t11 t~,]1[- LOCUS MAP M 0, r r,.N N]' 1'j J4"~SBURY " '~ PREve-r~~ ry R pq (Iti) II ~ L ~ / ~/ 2„ ~ ~ Sti 6p r~S~ L~ _.~ 02 AY ~ ~ ~ w~~ ~~~- .'MAN .., _., ~,4o Adan W ~~ ~s 2.. ~" `/ \ L2 N2 ~1 ,~ ,i0 ,.. x, ahr ` , ~. ~~. Ur P~ ~ f'J ~~ ~~~ ~~ 3 ~~~ ,,, ~,,,~ ~o ~- i -`/ ~LBAN) ~ 3a w~~om A ~~a `'`lam ~. ,u.~s c3 ~o~~ ~\~pR / r. ~ Ml uppp/t Ir / ~f K-M may] •,.I 2ro ;~a ~ --~-- ~71"IL rfl 1J'1l"0~° ~SZ Corn b~r~ ~~~~~ ~t•10 sr., -+v~ r rwq ro+. a ~~.rucur ARTICLE 30 .v Amcndnu°n t: Building Height) upend Section 1 39-2 of the Nantucket Zoning .Nord Usage, " by striking Section (1) of the definition and replacing the same with the following rction relative thereto: f_IGHT •r structure shall be established for each side t point for each building or structure." 'DATION: Moved that the definition of "Building in Chapter 139-2 "Definitions and Word Usage", of :ket is hereby amended as follows (NOTE: new :f text; language to be deleted is shown by ate changes are not meant to become part of the age. GHT structure shall be established for each side., ~~ There shall only be one highest point ARTICLE 31 !awAmendment: Definitions) emend Chapter 139 (Zoning), section 139-2 of the . follows: ',e-out Food Establishment" as follows: - A commercial establishment, the primary ~d and/or beverages, including but not limited to ice .,red meals, etc., for consumption on or off the ended for immediate consumption rather than for it of meals; (b) available upon a short waiting time; >uch a manner that it can be readily consumed ~Id. yard of Appeals) DATION: Moved that Chapter 139-2 of the Code of ~ amended by adding a new definition entitled as follows: NT - A commercial establishment, the primary ood and/or beverages, including but not limited es, prepared meals for consumption on or off :1._._a__J_J [___~_______.~ _ _. _. ARTICLE 32 (Z_oning BylawAmcndment Tents) To see if the Town will vote to amend Section 139-7A (8) of the Nantucket Zoning By-la~.•; which currently lists the following as a permitted use in all zones: "Such framework and tents as are customarily used exclusively for outdoor carnivals, lawn parties or like activities, for periods not exceeding thirty (30) days per year" by adding the following at the end of the provision: provided, however, that no such framework or tents shall be used for periods exceeding six (6) days per year on properties where the principal use is residential unless a Special Permit from the Board of Appeals I~as issued based on a finding that the use is ancillary to the residential use of the property and not a commercial use. It shall be presumed that more than two functions involving tents or other like temporary structures per year is a commercial use. (Melissa D. Philbrick, et al) PLANNING BOARD RECOMMENDATION: Moved that Chapter 139-7A(8) of the Code of the Town of Nantucket is hereby amended as follows (NOTE: new language is shown as highlighted text language to be deleted is shown by strikeout; these methods to denote changes are not meant to become port of the text): 139-7A(8) Such framework and tents as are customarily used exclusively for outdoor carnivals, lawn parties or like activities, for periods not exceeding thirty (30) days per year. Provided, however, that no such framework or tents shall be used for periods exceeding soc (6) days per year on properties where the principal use is residential unless a Special Permit from the Board of Appeals has issued based on a finding that-the use is ancillary to the residential use of the property and not a commercial use. It shall be presumed that more than two functions involving tents or other like temporary structures per year is a commercial use. ARTICLE 33 (Zoning Bylaw Amendment: Permitted Uses/Customary Home Occupation) To see if the Town will vote to amend Chapter 139 (Zoning), section 139-7A(4)(f) (Permitted Uses/Customary Home Occupation) of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-out; these methods used to denote changes are not meant to become parr ofthe final text): 139-7A. (4) Customary home occupation. The activity: (f) Shall be limited to the sale of commodities prepared, crafted or otherwise produced on the premises. Retail sales incidental to the home occupation maybe permitted by issuance of a special permit by the Board of Appeals. "~~~~R W ~ ~ _ O fl- O - rD W~ O S d ~ ~ d to T - O G , ~ ,~ ~ A °1 ~ ' a ` 3 < o c• ~ d ~ o < d ` z= w m ~ D 'D- c o a c o ~ d d S ~ O S ~ "' n " 9 ~^ ~ rD O H ~ ~ . .. rD C 7 ~ n ~D c , ~ O o- -. d b~ 3 c -o A o C N A 7 A f N ~ s ~n o ? o o a O z ~ T `D , .. ~ ~• c - F . ~ ,D ~' ' - : ~ ro Ci N m p ; d . rfl . o a ~ ~ ~ d ~ ~ T Q J o o l _ O ~ ~D O S rp 7 O " _,,, O_ 7 n 7 ~ !D 2 C v~ S J 3 -~ N d O rv • A - ~ ~ l0 • !D x • C 0 d ,* A 7 d A O ~ ~ 6 o ~ ~ ^ ~ -~ ~ c ~ ~ N . Oo 0 0 , , 5 3 h ~n m m ~ -`°i ~ o ~ ~ o ~ ~- ` ~ - s a ~ • c ~ -., o ~ °' ~ s ~ r o ;~ ~ d ? -~ `^ o ~ ~• ~ s a F c ~ ~ v, ~° o ~ m j T O ~D d ~ r9 ~ p ~ < r9 O O- u ~ m ~ `^ O ~ . O a ~ Q . .., ~ ~ ~• ~ p• ip n 7 pC C C O .,, to Q O m `" ~ < d . . ' J J o ~ O ,< a ~ ~, ~ ~ ~ T o ~ a d o ~. ~ c a ~ T O ~ ~ o O ~ H O O ~ z ~ p `< fp ~_ .d. O7 2 p O ~ S ~ O `pG ~ O O 7 ~ d O S -~ rD O _ rD d ~ 3 v, ~ G n d o o o o ro 3 3 - n ~ o -~ ~ ~ ~ ~ ~ o . O c d n O d ~ ~ ~ o N Q N ._ - d " ~ O 7 ~ o ~ O v U d O o O o d d -~ O ~ rD d 7 ~ ~ ~, D c o o -. t v, ~ -» o r ' , T ~ v, C !p v~ ~ ~ O S O ~ 7 ~D O T J ~ ~ C lT T o ° ~ v ~ o `G~' d c, O ? d 7 ~ ~ p a ° ° -1 ro ~ c' J ,-. ~_ r _ . ~ 3 d • ~ N S O ? S H ~ d d ~ ~D O ~ n fD ~, ~ ,^ d Q• ~ ~ < ~ ~ ~ ~ O io ro A N 'n ~ ~ 3 ~ p a ~,• o T ° ~ ~ a z a o H d rp ~ A~ O O °,,,' 7' ~ f: O ID ~ O ~ ? p d O .: `^ n' ~ O D ~ ~ ~ O ~ A /D C a O ,. H A ~ S !D c n O 7 A A O p a O_ ~ d S d a ~ ~' n ~ N ~ ~ 1 ~ 1 ~° ro _ ~ ~ .•. 7 -. .~ o-. d ro ~ -. n o ~, ?• Z c n !° ~ ~ a ~ n c ~` ° a ~ o o ~ ~ ° - v ~ ` A 3 0 0 ~ - ~ o 0 ,~ a a ~e ~ ° • ~ ~ < ~ o s ~ o ~ n. ro A ~ o o N s ~ N d ~!+ n ,,, ~ ~ .» ~' ue ~' a o n ° a~ o c A a A ~ D -~ =~ A d a 3 < o c• ~ _• ~ ~' ~ N. ~ ~ ~ ~ ~ n., s - in - ~ c ~ -~ a ~ a ~ o ~, -a ~ o T 3 ~ N ~• T N 1 ~ ~ ~ a o a S ~ 3 a m ,a ~ s' ~• ~ ~ `^ ro S v~ , ~ 0 3 j ~ o c • N . II O ~ c , T m ' a ' -a n. f ~ ~ - F n. c ~ n o O < R ~ O ~ ~ S' C ~ - A ~ f ~ W - ~ ~ a- _ ~ y 7 ~- p ~ ~ C ~' 7 S A ~ ~ • 7 7~ ~ O d ~ p ~ . - 7 7 - c . O . • n C 'J n _. ' O 7 . 7 . O ~ rp n n. S v_ i ~D ~ '^ ~i 7 c - m ~ o m ~ ~ ~ o y ~ o : a ~ m `~° o a g c n. ~ ° d ° T A = o r ~• o_ ~ O i7„ ~ • a ,.r 7 = d ~. ._~. 7 d o A A a ~' ~ 7 'O -~ d lJ A '` C ro r,. `n A O O-. - ~' O S ~'. N.:_ .7 rJ Q• Q. ~ ~ C _ O a ~ ~ ~. ~< O v+ a ~ v, O O O n 7 O t^ v (D fj _' CJ fD 7 (D fl.. V' A ^ ~ `~ la C rr '~.. __ (D ~ O !p -+ .e ~ to l7 G .. ~' Ti ~/ n 0 ' ' ~ a ' O a ~ S D- ~ v , y 7 y Z3 .. ~ n ni ~ ~ ~ n N 'p ^ O ~, p .» O K O d a .. ~• 'a A Ci O A ry L'. , .~ ~' a ~ • (D n "~ 7 ` O rD ~ ~ 3 S fl- O v,:. ~ S. A: <t~ - .rp ~~. a .C A 7 O :(D 7 a O 7 O O = ra A O O G 7 O ~ r C c ' - ` < ~ 'O `". d• c: a ~ n+ v, o '"" a ~ - ~ ~ ~ - ~ Q- T ~ C n d ~ 1 m F o ~ m O d ~ ~, -- !D O ~ 7 ` in 'B fD O (fl ~ n (D : . (D ~ O H .+ lfl S in .-. 7 ~ d C C n 7 O a m ~,. ~ -, O .r S n ~^ A 'D A 01 - W O m m C• A ~ O < O Q ~ ~ 7.. : O N ~ ' C .. 7 p• ~ d '` S rD `• 3 ~D a a 7 in' 7 '< n• ' ~ A W 7 Q • .. - to ~ C n• ~O ~ O C - ~p _ ~ ~ a. f~D :. .' J , 7 N ' n ' ~ ~ a ' fD ~ ~ : '~ ~ 'O 7 H . . i p d ~ _ 7 ~ O d ID O C d ~ , O O 7'. ~ d ~ 'i ? O T ~ ~ N . ~ N O N ,.0. S ~ O C O U S rti - K ~ rt 7 +~ - ~ II CC "' ~ T 7 ~ d C a• y ~ N CT a a ~ ~ O ~ ~ d 7 p ~ O < . . J e ~• in ' O ~ (D n O C n " •-• • ~ S H ~ ~ ; ~ ~ ni pi C7 ~ O : 'B .+ N ~ C (p ~ ~n ~ U O ~ ru d O -`.. a ~ ^ c o A d -~ c c - 3 -` o m A to `.1 - ,-• A - d to f ~ ~ n ~ D ~ O t ~ ~ ~ ~ ~ S 7 ~ ~ O ~ C p ~ S ~ H r<D ~ N = ~ S O ~ r , ru d r ' • _ O ~ O S O ~ (p ~ A ~ '^ • O .r ' O ~ ~ ' d ~n .-. v+ - ~ ' n ~" f S ._~ C ~ ti . d -. 1+ ~ - ~ ~ d _ ~• O N O O rtJ ~ . -. ' ~.. O ~ . • C.. a : n ~^ .. jU J' A n C A ? :O. Q 7 ~ ~ C 7 A ~ S A - . A „• O fl' ~ ~ < 7 O (D C ~ A ~ O d (D C ~ d ~ .6 ~.. .,,,,~ J O L].. S O d d ~D O d ~ ~ ~ . d ~ n. ai ~ w o ' o ,< ~ ~ O A , + A ,. A a • ~" ~ . < . ~ ~ o ~ c .o o ~ T ~ • ~ Q O O a. ~ ~ d: ~ iD : .~ fD ~ ~ • , ~ L L d j !D ~ ~ d ~i+ ; !9 O d ' . , . 0 ~: .... ~ : ~ _ ~ _ r -i ~ -< < ~ n O + v v,• 7• fl .+ 7 ~ a N ~ ~ n -Oi. n. to C v 7 o_ ~ n. ~ ~ ~ `° ~ T `° o 2 't' COMMONWEALTH OF MASSACHUSETTS AFFIDAVIT The undersigned being duly sworn does depose and say: 1. My name is Dirk Gardiner Roggeveen; I am known by no other name. 2. My address is P.O. Box 1827, Nantucket, Massachusetts 02554. 3. I serve as the Administrator of the Nantucket Zoning Board of Appeals, a part-time position with the Town of Nantucket. 4. In addition to my half-time employment, the Nantucket Board of Appeals employs one other half-time employee in the form of an Assistant Administrator. 5. As part of my employment as Administrator of the Nantucket Board of Appeals, I attended a duly noticed hearing of that same Board on January 8, 1999. 6. At that hearing, one matter before the Board was an appeal of the Building Commissioner's formal refusal to take enforcement action against a Mr. Elliott, whose summer tenants, upon occasion during the extended summer of 1998, erected party tents upon his property to facilitate their (the tenants') wedding receptions. 7. At said hearing, after lengthy testimony from abutters to Mr. Elliott, as well as Mr. Elliott, himself, and Mr. Elliott's rental manager, the Nantucket Zoning Board of Appeals unanimously voted to uphold the Building Commissioner's decision not to take enforcement action on the complaint that had been brought against Mr. Elliott. 8. The Zoning Board of Appeals' refusal to overturn the Building Commissioner was based in large part on its unwillingness to decide the legal issue that a residential tenant's use of residential property for a personal wedding reception constituted commercial use under the Nantucket Zoning Bylaw. 9. The Nantucket Zoning Board of Appeals did not issue a written decision memorializing its action at the January 8, 1999, hearing upholding the Building Commissioner in part because: (a) the office workload exceeded its limited budgetary and part-time staffing resources; and, (b) it was unclear what, if any, action was necessary following the approval of the Town Warrant by the Board of Selectmen which included two warrant articles restricting residential uses of party tents, the same is efore the Board in the Elliott case. Dirk Gardiner Roggeveen 20 April, 1999 Melissa D. Philbrick TO NANTUCKET TOWN CLERK Emily Avery ~tECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 G ~.~,a~ ~ 1 ~g9~ T I^^ME:_.~s a W. /'lSs CLERK: I, r . „ ~ `~ FROM: MELISSA D. PHILBRICK, as attorney for Mr. and Mrs. Peter Hoey, Mr. and Mrs. Thomas Albani, Dr. Allan Toole, Ms. Nikki Toole, Mr. and Mrs. Raymond Prevette, Mr. and Mrs. John Maguire, Mr. and Mrs. Steven Tritman, Mr. Dale Stoodley, Mr. and Mrs. Roy Ericson RE: ONE AND THREE ELLIOTS WAY, NANTUCKET (Tax Map 92.4, Parcels 319 and 319.1) DATE: MARCH 31,1999 NOTICE OF CONSTRUCTIVE GRANT On behalf of my clients, the above-referenced parties, I hereby notify the Town Clerk, the Nantucket Zoning Board of Appeals (the "Board"), and all interested parties that my clients' appeal of the Building Commissioner's decision in connection with the above-referenced property (BOA File No. 01-99) has been constructively granted due to the Board's failure to act pursuant to M.G.L. c. 40A, section 15. Section 15 provides that the decision of the Board shall be made within one hundred (100) days after the date of the filing of an appeal, application or petition. The Town Clerk received the Notice of Appeal with an attached Application for Relief in BOA File No. 01-99 on December 9,1998. Pursuant to the statute, the Board must its written decision with the Town Clerk no later than March 19,1999. As of the date of filing this Notice, no decision has been filed. Any appeal of this constructive grant shall be made pursuant to M.G.L. c. 40A, section 17 and must be filed within twenty (20) days after the date the Town Clerk receives this written notice that the Board has failed to act within the time prescribed. See the attached copy of the Notice of Appeal, stamped by the Town Clerk as received on December 9,1998. ATTEST: A TRUE COPY ~~~ NANTUCKET TOWN CLERK MELISSA D. PHILBRICK, P.C. Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Tel: (508) 228-5151 Fax: (508) 228-5155 ADD ~ n inrtn John H. Dunn November 5,1998 Page Three satisfaction that the function that is to take place in the tent is an isolated event which will not be repeated in the near future. It is imperative that such notice be given to Mr. Elliott as soon as possible before he begins renting the property for next summer's wedding season. erely, ~/~ elissa D. Philbrick cc: Mr. and Mrs. Peter Linda Hoey Mr. Alan Toole and Ms. Nikki Toole Mr. and Mrs. Thomas Albani Mr. and Mrs. Raymond Prevette Mr. and Mrs. John Maguire Mr. and Mrs. Steven Tritman Mr. Dale Stoodley Mr. and Mrs. Roy Ericson Melissa D. Philbrick MELISSA D. PHILBRICK, P.C. Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Tel: (508) 228-5151 Fax: (508) 228-5155 Ernily Avery f~ECEfVED T"OVVN CLERK'S OFFICE IVANT~.JCKET, MA 02554 ~~`:~,~ ~ 1 ~g~9 TO: NANTUCKET TOWN CLERK ASS ~~ s~LERK:_.~~ FROM: MELISSA D. PHILBRICK, as attorney for Mr. and Mrs. Peter Hoey, Mr. and Mrs. Thomas Albani, Dr. Allan Toole, Ms. Nikki Toole, Mr. and Mrs. Raymond Prevette, Mr. and Mrs. John Maguire, Mr. and Mrs. Steven Tritman, Mr. Dale Stoodley, Mr. and Mrs. Roy Ericson RE: ONE AND THREE ELLIOTS WAY, NANTUCKET (Tax Map 92.4, Parcels 319 and 319.1) DATE: MARCH 31,1999 NOTICE OF CONSTRUCTIVE GRANT On behalf of my clients, the above-referenced parties, I hereby notify the Town Clerk, the Nantucket Zoning Board of Appeals (the "Board"), and all interested parties that my clients' appeal of the Building Commissioner's decision in connection with the above-referenced property (BOA File No. 01-99) has been constructively granted due to the Board's failure to act pursuant to M.G.L. c. 40A, section 15. Section 15 provides that the decision of the Board shall be made within one hundred (100) days after the date of the filing of an appeal, application or petition. The Town Clerk received the Notice of Appeal with an attached Application for Relief in BOA File No. 01-99 on December 9,1998. Pursuant to the statute, the Board must its written decision with the Town Clerk no later than March 19,1999. As of the date of filing this Notice, no decision has been filed. Any appeal of this constructive grant shall be made pursuant to M.G.L. c. 40A, section 17 and must be filed within twenty (20) days after the date the Town Clerk receives this written notice that the Board has failed to act within the time prescribed. See the attached copy of the Notice of Appeal, stamped by the Town Clerk as received on December 9,1998. Melissa D. Philbridk MELISSA D. PHILBRICK, P.C. Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Tel: (508) 228-5151 Fax: (508) 228-5155 C~Op~ Emily Avery RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 DEC 0 9 1998 TIME: ! 2.'.'-1-C~ A+K- TO: NANTUCKET TOWN CLERK CLE K: }~ L ~~. m.~,~~ FROM: MELISSA D. PHILBRICK, as attorney for Mr. and Mrs. Peter Hoey, Mr. and Mrs. Thomas Albani, Mr. Allan Toole, Ms. Nikki Toole, Mr. and Mrs. Raymond Prevette, Mr. and Mrs. John Maguire, Mr. and Mrs. Steven Tritman, Mr. Dale Stoodley, Mr. and Mrs. Roy Ericson ~; ONE AND THREE ELLIOTS WAY, NANTUCKET (Tax Map 92.4, Parcels 319 and 319.1) DATE: DECEMBER 9,1998 NOTICE OF APPEAL On behalf of my clients, the above-referenced parties, we hereby appeal the November 20,1998, Decision of the Nantucket Building Commissioner under Section 139-31 of the Nantucket Zoning By-law and M.G.L. Chapter 40A, Sections 8 and 15. My clients are aggrieved by their inability to obtain an enforcement action from the Building Inspector as to the use of the above- referenced property. My clients filed a complaint with the Building. Department asserting that the repeated use of the property as a site for functions involving tents, caterers, amplified music by tenants of the owners is an improper commercial use of residential property in the Limited Use General - 3 zone. The Building Inspector decided that for so long as a tent is not used on a property for more than 30 days there is no zoning violation. My clients believe that, including set-up time, it is likely t~hetfailur of the ocwne s to obtam propeor more than 30 days in 1998. However, permits for those tents under the Building Code have made documentation difficult. More importantly, regardless of the number of days that tents were erected on the property, the Building Inspector has failed to evaluate the character of the use of the tents, which on this property in 1998 was commercial in character. See attached Application for Relief and its Exhibits for more details. 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): Robert M. Elliott and Linda C. Elliott Mailing address: 8E Hebron Road Marlborough CT 06447 Applicant's Name:_See Exhibit A Mailing Address: Lot Location: Assessor's map and parcel number 92.4 -319 and 319.1 Street Address: One and Three Elliott's Way Registry/LCPL: Lots 902 and 903 on LCPL 5004-61• Lot C on PLFL 12-C Date lot acquired: 2/15/73 Certs. 8643 and 14351 and Deed Book 193/336 Zoning district LUG-3 Uses on lot - commercial: See Addendum - Exhibit B MCD? - number of: dwellings 3 duplex- apartments rental rooms- Building date(s): all pre-8/72? 1979 1989 & 1996 C of O? yes B1dg.Permit appl.Nos.356-98 12587-96 6246-89 281-98,2507-84. 1077-79 15-79 and 027-90 Case Nos all BoA apAlications lawsuits• ZBA File No. -81 grantin variance 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 if a Special Permit (and 139-33A _ if to alter or extend a nonconforming use). If appeal per 139-31A & B X attach decision or orders appealed. OK to attach addendumZ. See Addendum attached as Exhibit B. Items enclosed as part of this Application: order X addendum x Locus map x Site plan- showing present- +planned_ structures Floor plans present- proposed- elevations- (HDC approved ~A) Listings 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 perjur . Toole, Al an etas SIGNATURE: By: By their Attor ey, Melissa D. Philbrick 3(If not owner or owner's attorney enclose proof of authority) FOR BoA OFFICE USE Application copies rec' d: 4_ c-r_ for BoA cr. _/_/_ 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-/_/_ mailed-/_/_ I&M_/_/_, _/_/_ Hearing(s) on_/_/_ cont'd to_/_/_, _/_/- withdrawn?_/_/_ Decision due by_/_/_ made-/_/_ filed TC_/_/_ mailed-/_/_ See related cases lawsuits other EXHIBIT A Mr. and Mrs. Peter Hoey 31 Lookout Road Mountain Lakes, NJ 07046 Mr. and Mrs. Thomas Albani 8 McCrea Lane Darien, CT 06820 Mr. Allan L. Toole 2889 Polo Island Drive Wellington, FL 33414 Ms. Nikki Toole 875 Ridge Road Hamden, CT 06517 Mr. and Mrs. Raymond Prevette 37 Fenimore Road Scarsdale, NY 10583 Mr. and Mrs. John Maguire 152 Independence Road Concord, MA 01742 Mr. and Mrs. Steven Tritman 3 Mt. Vernon Square Boston, MA 02108 Mr. Dale Stoodley 917 North Rodney Street Wilmington, DE 19806 Mr. and Mrs. Roy Ericson 41 Gee Avenue Gloucester, MA 01930 EXHIBIT B ADDENDUM The Applicants are appealing from the Building Inspector's decision that the regular use of the properties situated at One and Three Elliott's Way as a site for wedding receptions does not violate zoning. A copy of the applicants' November 5,1998 complaint letter regarding the use of the property is attached as Exhibit C. The Building Inspector's decision is attached as Exhibit D. The Applicants request that the Board overturn the Building Inspector and find that the use of a residential property for functions involving tents, caterers, amplified music and the like more frequently than as an occasional event that is subordinate and ancillary to the primary residential activity is a commercial use not permitted in a residential zone. EXHIBIT C ' MELISSA D. PI"IILBRICK, P.C. Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Emily Avery Melissa D. Philbrick Tel: (508) 228-5151 Fax: (508) 228-5155 November 5,1998 BY HAND John H. Dunn, Building Commissioner Nantucket Building Department 37 Washington Street Nantucket, MA 02554 Re: One and Three Elliott's Way (Map 92.4, Parcels 319 and 319.1) Dear Jack: Enclosed is the abutters' formal complaint which requests that you enforce the Zoning By-law by notifying the owner that the commercial use of the above- referenced property as a wedding center is a violation of zoning and can not 1998 ' continue. Please advise me, on or before November 19, , in accordance with the provisions of Section 125.B of the Nantucket Zoning By-law, as to what enforcement actions the Building Department will be taking. Thank you for your attention to this matter, and if you have any questions, or would like to discuss the issues further, please do not hesitate to give me a call. S' erely, Melissa D. Philbrick cc: Mr. and Mrs. Peter Hoey Mr. Alan Toole and Ms. Nikki Toole Mr. and Mrs. Thomas Albani Mr. and Mrs. Raymond Prevette Mr. and Mrs. John Maguire Mr. and Mrs. Steven Tritman Mr. Dale Stoodley Mr. and Mrs. Roy Ericson ~o r J3DZLD~TO A.ND CODE EIN ~ORCEMENT' DEPT'. TOWN BULL 37 WASHIi'`IGTON STREET r(A?~1TiJCKET, MASSACHUSETTS 02554 John H. Dunn Building Commissioncr Telcphonc508-228-7222 Tele Faz 508-228-7249 COMPLAYNT SHEET Complaint No. Received: Letter (X) ~ Date Personal ( ) Time______A•M•~ P'M. Telephone No. e Complaint's Name: various abutters - c/o Melissa D. Philbrick, P.O. Box 148, Zero Main Street Complaint's Address Nantucket, MA 02554 Complaint Received By VIOLATIONS OF: Ordinances, Town of Nantucket ~_Chapter 139 Zoning ~_CMR 780 As Amended Mass. State Building Code Sanitary Code, Article 2 Complaint Reported against: Tele.No. Name Robert Ti. Elliott Address 8E Hebron Road ~iarlborouoh CT 06447 92 parcel# 31~nd 319' 1 Location of Complaint 1 and 3 Elliott' Away Mapu~'~~ /J/ -/_ ~~y~, - Signature of Complainants plelissa D. Philbrick, as Attorney or abutters listed in attached letter Nature of Complaint: FOR OFFICE USE ONLY***************** *************** No () Investigated by: Investigated: Yes ( ) ' ~ MELISSA D. PHILBRICK, P.C. Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Emily Avery Melissa D. Philbrick Tel: (508) 228-5151 Fax: (508) 228-5155 November 5,1998 BY HAND John H. Dunn Building Commissioner Nantucket Building Department 37 Washington Street Nantucket, MA 02554 Re: One and Three Elliott's Way, Nantucket Assessor's Map 92.4, Parcels 319 and 319.1 Dear Jack: As we discussed several weeks ago, I represent Peter and Alan andeNikki 61 Wanoma Way, Tom and Suzanne Albani of 39 Wanoma Way, Toole of 11 Sansbury Road, Raymond a Wa ° Steven and Donna Truman of 65ay~ John and Linda Maguire of 63 Wanom y, Wanoma Way, Dale Stoodley of 5 Hollister Road and Roy and Barbara Ericson of 9 Sandsbury Road. On their behalf I am filing a complaint about the use of the above-referenced property. The Elliotts advertise their three single family homes for rent on a weekly basis as a site where weddings can be codnducte ests ava lable.tThe homesion the housing for the wedding party and wed g gu property have no interior space that is suitable for a large event, and therefore the practice has been for tents to be erected without the required permits from your office to protect the band and is e ather to drink and eat r Of en portable rea, and the areas where reception gues g _ toilets are brought in since the faciliries inE er °weekend this season from early number of guests attending the function y May through early July and beginning again after Labor Day through last weekend, the tents and a new group of guests begin to arrive on Wednesday, the parties and functions begin in earnest by Friday, with the wedding on Saturday, and then the clean-up and dismantling of the tents and equipment takes place on Sunday. This commercial use of the property on a regular basis brings heavy traffic (caterers' trucks and equipment, rental companies setting up the tents and the tables, not to mention the buses and taxis transporting the wedding guests John H. Dunn November 5,1998 Page Two themselves), amplified music and announcements, large numbers of people being served liquor, the temporary construction of large tents and function support facilities into a residential neighborhood. A review of the Building Department records for the Elliotts' properties shows that, other than two permits in May, no permits have been requested or issued for the erection of tents on the properties. This is a violation of the State Building Code. I assume that the required inspections by the Fire Department are also not being performed. These non-compliance issues mean that serious health and safety risks may exist. Most importantly, this use of the property is commercial and not permitted in this residential zoning district. When a property owner applies for a permit to erect a tent to have a party at their home to celebrate a wedding, an anniversary or other special event in their family, there is no question that (even though a tent may be utilized) this use is ancillary to the primary use of the property for residential purposes. The impact on the neighborhood is negligible in that it is a rare occurrence on any one particular piece of property. The Elliott properties are being utilized as would any of the hotels or restaurants that offer their commercial facilities to special event planners. The three houses on the subject property, which are advertised for rent as a group, contain a total of 15 bedrooms -the same as a small hotel. The transient group that pays to conduct their event on the property has no relationship to the owners' residential use of the premises. These functions have become the principal use of the property, and the use of the buildings as single-family homes has become incidental. The detrimental impact on the neighborhood of this commercial venture is extreme. I submit that this practice of renting the property to persons unrelated to the property owner for use as a site for outdoor weddings and receptions is a commercial use which subverts the resideI ask thata ou sue acease and desist neighborhood. On behalf of the abutters, y order to Mr. Elliott prohibiting him from continuing to operate this property for such commercial purposes. I also submit that, under zoning, no permit for a tent on a residential property can be issued unless the applicant has proven to your John H. Dunn November 5,1998 Page Three satisfaction that the function that is to take place in the tent is an isolated event which will not be repeated in the near future. It is imperative that such notice be given to Mr. Elliott as soon as possible before he begins renting the property for next summer's wedding season. erely, ~~~ elissa D. Philbrick cc: Mr. and Mrs. Peter Linda Hoey Mr. Alan Toole and Ms. Nikki Toole Mr. and Mrs. Thomas Albani Mr. and Mrs. Raymond Prevette Mr. and Mrs. John Maguire Mr. and Mrs. Steven Tritman Mr. Dale Stoodley Mr. and Mrs. Roy Ericson EXHIBIT D RTTTT.T)ING AND CODE ENFORCEMENT DEPT. TOWN BUILDING ANNEX g7 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 John H. Dunn Building Commissioner Telephone 508-228-7222 Tele Fax 508-228-7249 November 20, 1998 Melissa D. Philbrick Zero Main Street P.O.Box 148 Nantucket, Ma. 02554 RE: One and Three Elliotts Way, Map 92.4 Parcel 319 & 319.1 Letter of November 5~', 1998 Dear Melissa: The complaint request for enforcement on Commercial use of the three Elliots houses located on 1 and 3 Elliots Way. The town zoning by-laws for tent use allows up to thirty days per permitted use. There is no mention of the number of permits that would be allowed per property each season. The Elliots denied that there has been commercial use each weekend by renters of the property. That there family and friends were the users of the property. My investigation of the use on the property in the past year indicates the use of the property has been no different than is allowed by the zoning statue. Therefore find no violations on the property. Yours ~~~~~' i H. Dunn ding Commissioner <` ~{: .~:.; ~C~ ,' H `l. ~.~s.ov~ ~ ~rsT Jr.Tdf n ~~~~ n ~3~ w ru e:• n~ __• t>a --}. ~~ ~„ lM Z]1 '~„ _,. i _~. ~~~ „ \ .,~ ,, •~ \ U1 r: ~~. ai ~ ~,o ~, ~... z~ za ~~ ~, \ . j'` ~, ~ ~~ ~~- ~ ~~' ~ ~~ o ~' ,~, ~o ~ ~ i Sao ;~~ ~ ... b ~~•• norwiroa 10'/1 Q/ MGM TVCC27 ., ~~~~~~~~ LOCUS MAP r s4H a1.x /~ ~SB~RY _V`-r rr ROgO n ~, ~ S~ eo o ~ .., s» \ o ~ A~. ~ ~ :'4o a` allay A~-~? I (~ti~ ~ ~ r`S~ L~ ~ ~~~ ~ W^Y,~ / ~ ~ ~ ~. rR~G''%'~ ~~ /~ os ' ' l~'1P`~ C~~) _. D~~ ~-3L ap R ~j ~~ ,, = ~ .~1\ ~ ~~ . W t ~~.~ ~~~rOfl' -n-..~ se.N .~ ~LBANI -_, 3~ w~norn q ~~e ,'`ice ~. ~z Qornb~ne~ 3,00 BOA FORM PROPERTY OWNER: 2/89 U ~P APPLICANT FOR RELIEF (SAME? ADDRESS OF PROPERTY: D~ ~' ASSESSOR' S MAP/PARCEL: % 2• / - ~~ ~ `~` /~ ~ % ~ * LIST OF PARTIES INCLUDING ADDRESSES * (OR SEE ATTACHED ) I certify that the foregoing (or the attached ) lists all persons, natural or legal, who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within three hundred feet of the property line of Owner's property, as they (and their address) appear on the most recent applicable tax list [per M.G.L. c. 40A, §11 and Zoning Code Chapter 139, §139-29D(2)]. IZ fy~g $ ~ . Date Assessor's Office Town of Nantucket *NOTE: Applicant (Petitioner) should include with the lot for which zoning relief is sought, any commonly-owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. Submitted by: Melissa D Philbrick Attorney DcC 31a~'~ Date Client: NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSOR'S LIST OF PARTIES IN INTEREST * Forms/BOA .~, 12/04/98 TOWN OF NANTUCKET 09:44:00 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip 0924 0320 KATZ FRANK L & ELISE R US HIGHWAY N0. 1 C/0 STRICK CORP. FAIRLESS HILLS PA 19030 0924 0318 ALBANI SUZANNE B & THOMAS J 8 MCCREA LN DARIEN CT 06820 0924 0321 NANTUCKET ISLANDS LAND BANK 0022 BROAD ST NANTUCKET MA 02554 0924 0244 EVANS KATHLEEN R 28 SACHEM ROAD i,ncl~;~.aS ~,~~ ~~ ~ a. L~fj .. Z~ ~ WESTON CT 06883 0924 0246 CROSS JOHN G 1316 BEECHWOOD DR ~ncL.~,,1Zj Zc{"}, d ~t.($ ANN ARBOR MI 48103 0924 0267 STOODLEY DALE G & BARBARA C B G917 N RODNEY ST CROSS JOHN G & CYNTHIA WILMINGTON DE 19806 0924 0273 ERICSON ROY K & BARBARA K 0041 GEE AVENUE GLOUCESTER MA 01930 0924 0272 *TOOLE ALLAN L & NIKKI S 40 TEMPLE STREET NEW HAVEN CT 06510 0924 0284 TOOLE ALLAN L & NIKKI S 2889 POLO ISLAND DR WELLINGTON FL 33414 0924 0285 TOOLE ALLAN L 2889 POLO ISLAND DR ~ ~~~~~~ n~~ 2~(~ WELLINGTON FL 33414 0092 0009 *NANTUCKET TOWN OF 0016 BROAD ST NANTUCKET MA 02554 0092 0010 *WILLIAMS RICHARD & IMOGEN S SALT SPRING ISLAND 175 REGINALD HILL ROAD BRITISH COLUMBIA V8K 1V7 ~ ~ 0092 0025 HOEY PETER E & LINDA F 0031 LOOKOUT RD ~ : MOUNTAIN LAKES NJ 07046 :~ C092 0026 MAGUIRE JOHN J & LINDA & 0152 INDEPENDENCE RD ~~ ' ' CAROVILLANO ROBERT CONCORD MA 01742 ' ~: C092 0013 BEAL M FLINT & JUDY A 0419 BEACON ST ~ } nc1~3t ~ k~~5 )•1 d- ~ S BOSTON MA 02115 ` ' 0092 0016 PREVETE RAYMOND C & LORRAINE B 0037 FENIMORE RD ~c,lN,~ts ~a~C~ ~~ ~, ~ ~ SCARSDALE NY 10583 0075 0036 SEIBERT RICHARD H & ANNE W TRS 1165 WINDSONG DR t7 THE SEIBERT FAMILY TRUST YORK PA 17403-4491 { NUMBER OF RECORDS = 17 Property Location 0051 WANOMA WY 0039 WANOMA WY 0009 WANOMA WY 0050 WANOMA WY 0032 OLD TOM NEVERS RD 0000 HOLLISTER RD 0009 SANDSBURY RD 0011 SANDSBURY RD 0011 SANDSBURY RD 0011 SANDSBURY RD 0000 TOM NEVERS 0000 WANOMA WY 0061 WANOMA WY 0063 WANOMA WY 0060 WANOMA WY 0062 WANOMA WY 0001 JONATHAN WY PAGE IJ MUAS7.° 1 ~~. 12/04/98 10:06:36 Map Block Lot Owner's/Co-Owner's Name 0924 0263 STOODLEY DALE G y nc,IN~.eS PgrccQ. Z,(Q(R 0924 03191 ELLIOTT ROBERT M i ~ clvd,t~S ~Uqa, - c~011 • ~ NUMBER Of RECORDS = 2 TOWN OF NANTUCKET OWNER'S MAILING ADDRESS LIST Mailing Address/City State Zip 0917 N RODNEY ST WILMINGTON DE 19806 0008 PINEGROVE RD MARLBOROUGH CT 06447 Property Location 0005 HOLLISTER RD 0003 ELLIOTS WY PAGE 1 MUAS750 8. Richard and Anne Siebert, Tees. Frank & Elise Katz Siebert Family Trust c/ o Strick Corp. 1165 Windsong Drive U.S. Highway No.1 York, PA 17403-4491 Fairless Hills, PA 19030 Nantucket Islands Land Bank 22 Broad Street Nantucket, MA 02554 Kathleen R. Evans 28 Sachem Road Weston, CT 06883 Dale and Barbara Stoodley John and Cynthia Cross 917 N. Rodney Street Wilmington, DE 19806 Town of Nantucket 16 Broad Street Nantucket, MA 02554 john j. Maguire Linda Maguire Robert Carovillano 152 Independence Road Concord, MA 01742 £8SOI JCN 'aI~Ps~~aS peon aaouznza3 a}}anaad 'g aui~a.zoZ a}}anazd •D puouz~i~~ 9i~000 jN 'sax~.I ui~}unoy~ p~o~ }noxoo7 I£ ~aoH •3 ~putZ ~aoH •g .za}ad i~i~££ 73 'uo}~uiliaM ant~Q pu~IsI °IocI 6882 aloo.L 'S I~I?N alooZ •Z ~Ii~v' £OL8~ III '.zogz~ uu~ ant~zQ poon~uaaag 9>=£L sso.xJ •D uilo j OZ890 ,LD 'uaireQ au~Z ~a.zJay~ 8 ~QI~d ' j s~uzo~, nz~gj~ •g auu~znS Roy K. Ericson Barbara K. Ericson 41 Gee Avenue Gloucester, MA 01930 Richard Williams Imogen S. Williams 175 Reginal Hill Road Salt Spring Island British Columbia, V8K 1V7 M. Flint Beal Judy A. Beal 419 Beacon Street Boston, MA 02115 SIIZO VL~I'uo}sog }aaz}S uoa~ag 6I~ I~afl '~' ~Pnj I~ag }utI3 'ICI GAI >I8A'eT.auznloJ usptzg pu~Isl ~uizdS }~S PeO2I IItH I~u?~a2I SGT ~IIIIM 'S ua~ouil suz~lillM P~~I~12I 0£610 ~'L~I 'aa}saanolD anuanV aaD I~ uosaizg •x ~z~q.zeg uosaizg .x ~o~ £8890 .LD 'uo}say p~o~ uzailaeS 8Z sueng •~ uaaF.I}~x Suzanne B. Albani Thomas J. Albani 8 McCrea Lane Darien, CT 06820 John G. Cross 1316 Beechwood Drive Ann Arbor, MI 48103 Allan L. Toole Nikki S. Toole 2889 Polo Island Drive Wellington, FL 33414 Peter E. Hoey Linda F. Hoey 31 Lookout Road Mountain Lakes, NJ 07046 Raymond C. Prevette Lorraine B. Prevette Fenimore Road Scarsdale, NY 10583 Z~GIO Vy~'paoauoJ p~o~ aauapuadapuI Z5L ou~Iltno.z~D }zago~ azin~~y~ ~put~ azin~~p1 • j uuo j ~5SZ0 FIY~I '}axan}u~N }aaz}S peozfl 9L }a~jan}u~N Io un~o,j, 90861 ~Q 'uo}~unuliM }aa.z}S ~iaupo~ 'N GI6 ssoaD ~rcj}u~iD pug uuo j ~alpoo}S ~~~qz~g pug aIeQ ~S5Z0 ~'Y~I '}a~an}u~N }aaz}S peozfl ZZ ~fl Pu~`I sP~ISI }axan}u~N 0£061 ~'d'sI1tH ssal~e3 I6iTb-£Oi~Gi ~1d''IzO~ o ~ieM ~, ani.zQ ~uospuiM 59It I' N u TH 'S'tl ,L IT~T~3 } Q S •daoJ xatz}S o/a }sna ~ • ~za ai z}ex asilg 3g ~zd 'saaZ '}.zaaaiS auu~ pug p.zeuat~ § 139-6 NANTUCKET CODE § 139-7 permitted in the district in which such building, structure or land is located, or set forth as permissible by special permit in said district and so authorized. B. All uses which are exempted from zoning regulation by the State Zoning Act, MGL C. 40A, § 3, as amended, shall to the same, but to no greater, extent be exempted from this Zoning Bylaw. C. This Zoning Bylaw shall be interpreted and construed so as to be in conformity with applicable state legislation and specifically the State Zoning Act, MGL C. 40A. § 139-7. All districts, including Limited Use General-1, 2 and 3 but excluding special and overlay districts. A. Permitted uses. (See § 139-22 for island perimeter restrictions.) (1) One single-family dwelling (2) [Amended 11-13-1990 STM, Art. 13, AG approval 3-19-1991; 4-8-1996 ATM, Art. 34, AG approval 7-15-1996; 4-8-1996 ATM, Art. 35, AG approval 7-15-1996; 4-8-1996 ATM, Art. 36, AG approval 7-15-1996] One detached building constituting a secondary dwelling. The principal purpose of secondary dwellings is to create housing opportunities through the provision of affordable rental housing for year-round residents, including senior citizens, while affording the owner of the primary residence with the opportunity to generate supplemental income. The intent of this section is also that one of the two dwellings be designed and constructed at such scale and bulk so as to be clearly subordinate to the other dwelling in both use and appearance. Secondary dwellings shall be permitted only under the following conditions: 13918 9-10-96 § 139-7 ZONING § 139-7 (a) The secondary dwelling shall be asingle-family dwelling. (b) The secondary dwelling shall be sited with: at least atwelve-foot scalar separation from the principal dwelling and as shown by the certificate of appropriateness required in § 139-26C(1) below. [Amended 11-13-1990 STM, Art. 13, AG approval 3-19-1991] (c) The total ground cover on a lot with both a principal dwelling and a secondary dwelling shall not exceed the ground cover ratio maximum stipulated in ~ 139-16A below. {d) The secondary dwelling shall comply with all other applicable Zoning Bylaw regulations. (e) The ground cover of the secondary dwelling shall be at least twenty percent (20%) less (or more) than the ground cover of the principal dwelling. (f) A dwelling shall not be considered "secondary" for the purposes of this § 139-7 unless the secondary dwelling is in the same legal and beneficial ownership as the principal dwelling. The ownership of a lot by a cooperative housing corporation, land trust, or other common interest ownership entity in which there is separate beneficial ownership of the principal and secondary dwellings on the lot shall not be deemed to constitute "the same legal and beneficial ownership" for the purposes of the immediately preceding sentence. (g} A plot plan showing property lines and the location of existing and proposed structures, and the means of access to each, shall be submitted to the Planning Board for 13919 9-10-96 § 139-7 NANTUCKET CODE ~ 139-7 determining adequacy of access to such lot and structures and, if approved, shall be so endorsed prior to the issuance of a building pemut. Any such Planning Board approval granted after April 8, 1996, shall only be valid for a period of two (2) years from the date of plot plan endorsement. (h) A secondary dwelling shall be permitted over a detached garage under the conditions specified above in Subsections (a) through (g). (3) A secondary dwelling attached to a principal dwelling shall be pemutted only over a garage which is attached to the principal dwelling by a breezeway and only if the secondary dwelling also meets the conditions specified above in Subsections A(2)(a) and (c) through (g). (4) Customary home occupation. The activity: (a) Shall be incidental and secondary to the use of the premises for dwelling purposes; and (b) Shall be engaged in only by the owner or lessee of the premises; and (c) Shall be free of offensive noise, vibration, smoke, dust, odors, heat, glare or unsightliness; and (d) Shall preclude exterior storage material or equipment, unless screened by a wall, fence or densely planted vegetation; and (e) Shall preclude the parking of more than one (1) commercial vehicle on the lot; and (fl Shall be limited to the sale of commodities prepared, crafted or otherwise produced on the premises. Retail sales incidental to the home occupation may be permitted by issuance of a special permit by the Board of Appeals. Retail 13920 9 -10 - 96 § 139-7 ZONING § 139-7 sales, if approved, shall be limited to an area of one hundred (100) square feet or ten percent (10%) of the total ground cover, whichever is less. Product display and retail sales shall be conducted within the dwelling. No advertising signs shall be permitted on the premises; and (g) Shall require the issuance of a use permit by the Building Inspector. (5) Preservation of a lot in its natural condition, such as fields, pastures and woodlots; also orchards, nurseries, truck gardens and farms (but not including piggeries or farms operated in substantial part for disposal of garbage, sewage offal or renderings); greenhouses for private use; keeping of pets and farm animals for personal use; care and propagation of fish and shellfish; and all other agricultural uses allowed by C. 590 of the Acts of 1989 effective 3-8-1990. (6) Cemeteries. (7) Municipal airports and municipal landfill/materials recovery/solid waste composting facility. [Amended 4-12-1994 ATM, Art. 53, AG approval 4-29-1994] (8) Such framework and tents as are customarily used exclusively for outdoor carnivals, lawn parties or like activities, for periods not exceeding thirty (30) days per year. (9) Day care center. [Added 5-5-1992 ATM, Art. 37, AG approval 8-3-1992] B. Exception for cluster development in all districts. [Amended 11-13-1990 STM, Art. 19, AG approval 3-19-1991] (1) Purpose. For the purpose of promoting the more efficient use of land in harmony with its natural features and with the general intent of the Zoning 13920.1 9 - 10 - 96 Melissa D. Philbrick MELISSA D. PHILBRICK, P.C. Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Tel: (508) 228-5151 Fax: (508) 228-5155 March 31,1999 BY HAND DELIVERY Dirk Roggeveen, Administrator Nantucket Zoning Board of Appeals Town Building at 37 Washington Street Nantucket, Massachusetts 02554 Re: Notice of Constructive Grant in BOA File No. 01-99 Dear Dirk: Emily Avery Enclosed is a copy of the Notice of Constructive Grant in BOA File No. 01- 99 that was filed -with the Town Clerk today. This case was an appeal from a decision of the Nantucket Building Commissioner that was filed on behalf of my clients on December 9,1998. Under cover of this letter, I have mailed a copy of this Notice to all interested parties as provided in M.G.L. c. 40A, section 15. Si y, Melissa D. Philbrick enc. cc: See List on Page Two RECEIVED TOWN CLERK'S OFFICE IVANTt.iCKET, MA 02554 E~~~~,~ 3 1 E999 TIME: CLERK:_ Dirk Roggeveen, Administrator March 31,1999 Page Two cc: ~wn Clerk (by hand w/copy of enc.) John H. Dunn, Building Inspector (by regular mail and by hand, both w/copy of enc.) Mr. Robert M. Elliott and Ms. Linda C. Elliott (by regular mail and by certified mail-RRR, both w/copy of enc.) Mr. and Mrs. Thomas Albani (w/copy of enc.) Mr. and Mrs. Peter Hoey (w/copy of enc.) Ms. Nikki Toole (w/copy of enc.) Dr. Allan L. Toole (w/copy of enc.) Mr. and Mrs. Raymond Prevette (w/copy of enc.) Mr. and Mrs. John Maguire (w/copy of enc.) Mr. and Mrs. Steven Truman (w/copy of enc.) Mr. Dale Stoodley (w/copy of enc.) Mr. and Mrs. Roy Ericson (w/copy of enc.) Mr. and Mrs. Frank Katz (w/copy of enc.) Richard and Anne Siebert, Trustees (w/copy of enc.) Nantucket Island Land Bank (w/copy of enc.) Ms. Kathleen R. Evans (w/copy of enc.) Mr. John G. Cross (w/copy of enc.) Mr. Richard Williams and Ms. Imogen S. Williams (w/copy of enc.) Mr. and Mrs. M. Flint Beal (w/copy of enc.) MELISSA D. PHILBRICK, P.C. Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Melissa D. Philbrick Tel: (508) 228-5151 Fax: (508) 228-5155 December 9,1998 BY HAND Ms. Linda Williams Nantucket Zoning Board of Appeals 37 Washington Street,1St Floor Nantucket, MA 02554 Re: One and Three Elliott's Way, Nantucket Dear Linda: Emily Avery RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 DEC 0 9 1998 TIME}: 11~~O a •. u..,~ __ C ESRK: ~ ~- Enclosed for filing please find the original and three copies of the completed Application for Relief with Exhibits A, B, C and D attached, the Notice of Appeal as filed with the Town Clerk and our check in the amount of $200 for the filing fee. I have also enclosed 4 copies of the abutters list, 2 sets of mailing labels and the locus map. Please give me a call if you have any questions or require additional information. rely, , ~%2~ Enc. cc: Mr. and Mrs. Peter Hoey (w/copy of enc.) Ms. Nikki Toole (w/copy of enc.) Mr. and Mrs. Thomas Albani (w/copy of enc.) Mr. Allan Toole (w/copy of enc.) Mr. and Mrs. Raymond Prevette (w/copy of enc.) Mr. and Mrs. John Maguire (w/copy of enc.) Mr. and Mrs. Steven Tritman (w/copy of enc.) Mr. Dale Stoodley (w/copy of enc.) M .and Mrs. Roy Ericson (w/copy of enc.) ~wn Clerk (by handw/copy of enc.) John H. Dunn, Building Inspector (by hand w/copy of enc.) Robert M. Elliott and Linda C. Elliott (by cert. mail-RRR w/copy of enc.) Melissa D. Philbridk MELISSA D. PHILBRICK, P.C. Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Tel: (508) 228-5151 Fax: (508) 228-5155 Emily Avery RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 DEC 0 9 1998 TIME: 13.'-~C.% ~~.~. TO: NANTUCKET TOWN CLERK ,~55~. CLERK: _ ~~ ~}-.. FROM: MELISSA D. PHILBRICK, as attorney for Mr. and Mrs. Peter Hoey, Mr. and Mrs. Thomas Albani, Mr. Allan Toole, Ms. Nikki Toole, Mr. and Mrs. Raymond Prevette, Mr. and Mrs. John Maguire, Mr. and Mrs. Steven Truman, Mr. Dale Stoodley, Mr. and Mrs. Roy Ericson RE: ONE AND THREE ELLIOTS WAY, NANTUCKET (Tax Map 92.4, Parcels 319 and 319.1) DATE: DECEMBER 9,1.998 NOTICE OF APPEAL On behalf of my clients, the above-referenced parties, we hereby appeal the November 20,1998, Decision of the Nantucket Building Commissioner under Section 139-31 of the Nantucket Zoning By-law and M.G.L. Chapter 40A, Sections 8 and 15. My clients are aggrieved by their inability to obtain an enforcement action from the Building Inspector as to the use of the above- referenced property. My clients filed a complaint with the Building Department asserting that the repeated use of the property as a site for functions involving tents, caterers, amplified music by tenants of the owners is an improper commercial use of residential property in the Limited Use General - 3 zone. The Building Inspector decided that for so long as a tent is not used on a property for more than 30 days there is no zoning violation. My clients believe that, including set-up time, it is likely that tents were erected on the property for more than 30 days in 1998. However, the failure of the owners to obtain proper permits for those tents under the Building Code have made documentation difficult. More importantly, regardless of the number of days that tents were erected on the property, the Building Inspector has failed to evaluate the character of the use of the tents, which on this property in 1998 was commercial in character. See attached Application for Relief and its Exhibits for more details. 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): Robert M. Elliott and Linda C. Elliott Mailing address: SE Hebron Road Marlborough CT 06447 Applicant's Name:_See Exhibit A Mailing Address: Lot Location: Assessor's map and parcel number 92.4 -319 and 319.1 Street Address: One and Three Elliott's Wav Registry/LCPL: Lots 902 and 903 on LCPL 5004-61; Lot C on PLFL 12-C Date lot acquired: 2/15/73 Certs. 8643 and 14351 and Deed Book 193/336 Zoning district LUG-3 Uses on lot - commercial: See Addendum - Exhibit B MCD? - number of: dwellings 3 duplex- apartments rental rooms- Building date(s): all pre-8/72? 1979. 1989 & 1996 C of O?des B1dg.Permit appl.Nos.356-98 12587-96 6246-89 281-98,2507-84, 1077-79. 15-79 and 027-90 Case Nos all BoA applications lawsuits• ZBA File No. -81 granting variance 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 if a Special Permit (and 139-33A _ if to alter or extend a nonconforming use). If appeal per 139-31A & B X attach decision or orders appealed. OK to attach addendumz. See Addendum attached as Exhibit B. Items enclosed as part of this Application: order X addendum x Locus map x Site plan- showing present- +planned_ structures Floor plans present- proposed- elevations- (HDC approved NSA,) Listings 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 perjur . Toole, Al an etas SIGNATURE: By: By their Atto ey, Melissa D. Philbrick 3(If not owner or owner's attorney enclose proof of authority) FOR BoA OFFICE USE Application copies rec' d: 4 o-r_ for BoA ors _/_/_ 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-/_/_ mailed-/_/_ I&M_/_/_, _/_/_ Hearing(s) on_/_/_ cont'd to_/_/_, _/_/_ withdrawn?_/_/_ Decision due by_/_/_ made-/_/_ filed TC_/_/_ mailed-/_/_ See related cases lawsuits other EXHIBIT A Mr. and Mrs. Peter Hoey 31 Lookout Road Mountain Lakes, NJ 07046 Mr. and Mrs. Thomas Albani 8 McCrea Lane Darien, CT 06820 Mr. Allan L. Toole 2889 Polo Island Drive Wellington, FL 33414 Ms. Nikki Toole 875 Ridge Road Hamden, CT 06517 Mr. and Mrs. Raymond Prevette 37 Fenimore Road Scarsdale, NY 10583 Mr. and Mrs. John Maguire 152 Independence Road Concord, MA 01742 Mr. and Mrs. Steven Truman 3 Mt. Vernon Square Boston, MA 02108 Mr. Dale Stoodley 917 North Rodney Street Wilmington, DE 19806 Mr. and Mrs. Roy Ericson 41 Gee Avenue Gloucester, MA 01930 EXHIBIT B ADDENDUM The Applicants are appealing from the Building Inspector's decision that the regular use of the properties situated at One and Three Elliott's Way as a site for wedding receptions does not violate zoning. A copy of the applicants' November 5,1998 complaint letter regarding the use of the property is attached as Exhibit C. The Building Inspector's decision is attached as Exhibit D. The Applicants request that the Board overturn the Building Inspector and find that the use of a residential property for functions involving tents, caterers, amplified music and the like more frequently than as an occasional event that is subordinate and ancillary to the primary residential activity is a commercial use not permitted in a residential zone. EXHIBIT C MELISSA D. PHILBRICK, P.C. Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Melissa D. Philbrick Tel: (508) 228-5151 Fax: (508) 228-5155 November 5,1998 BY HAND John H. Dunn, Building Commissioner Nantucket Building Department 37 Washington Street Nantucket, MA 02554 Emily Avery Re: One and Three Elliott's Way (Map 92.4, Parcels 319 and 319.1) Dear Jack: Enclosed is the abutters' formal complaint which requests that you enforce the Zoning By-law by notifying the owner that the commercial use of the above- referenced property as a wedding center is a violation of zoning and can not continue. Please advise me, on or before November 19,1998, in accordance with the provisions of Section 125.B of the Nantucket Zoning By-law, as to what enforcement actions the Building Department will be taking. Thank you for your attention to this matter, and if you have any questions, or would like to discuss the issues further, please do not hesitate to give me a call. S' erely, Melissa D. Philbrick cc: Mr. and Mrs. Peter Hoey Mr. Alan Toole and Ms. Nikki Toole Mr. and Mrs. Thomas Albani Mr. and Mrs. Raymond Prevette Mr. and Mrs. John Maguire Mr. and Mrs. Steven Tritman Mr. Dale Stoodley Mr. and Mrs. Roy Ericson N,,««< .~`'o~ ~1_ . ~ r` Bt1ILDING AND CODE E~NFNORCEMENT DEPT• TOWN BULL 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 John H. Dunn Building Commissioner Telephone 508-228-7222 Tele Faz 508-228-7249 COMPLAINT SHEET Complaint No. Received: Letter (x) ~ Date Personal ( ) Time _A.M•_ P'M' Telephone No. e Complaint's Name: various abutters - Complaint's Address c/o Melissa D. Philbrick, P.O. Box 148, Zero Main Street Nantucket, MA 02554 Complaint Received By: VIOLATIONS OF: __Chapter 139 Zoning OdrdMass.eState BuildingaCodeet ~ CMR 780 As Amen Sanitary Code, Article 2 Complaint Reported against: Tele.No. Name Robert ri. Elliott Address 8E Hebron Road piarlborou h CT 06447 92 ParCel# 31_319.1 Location of Complaint 1 and 3 Elliott's way Map# Signature of Complainants rielissa D. Philbrick, as Attorney for abutters listed in attached letter Nature of Complaint: SEE ATTACHED LETTER FOR OFFICE USE ONLY***************** No ( ) Investigated by: Investigated: Yes ( ) MELISSA D. PHILBRICK, P.C. Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Emily Avery Melissa D. Philbrick Tel: (508) 228-5151 Fax: (508) 228-5155 November 5,1998 BY HAND John H. Dunn Building Commissioner Nantucket Building Department 37 Washington Street Nantucket, MA 02554 Re: One and Three Elliott's Way, Nantucket Assessor's Map 92.4, Parcels 319 and 319.1 Dear Jack: As we discussed several weeks ago, I represent Peter and Linda Hoey of 61 Wanoma Way, Tom and Suzanne Albani of 39 Wanoma Way, Alan and Nikki Toole of 11 Sansbury Road, Raymond and Lorraine Prevette of 62 Wanoma Way, John and Linda Maguire of 63 Wanoma Way, Steven and Donna Tritman of 65 Wanoma Way, Dale Stoodley of 5 Hollister Road and Roy and Barbara Ericson of 9 Sandsbury Road. On their behalf I am filing a complaint about the use of the above-referenced property. The Elliotts advertise their three single family homes for rent on a weekly basis as a site where weddings can be conducted overlooking the ocean with housing for the wedding party and wedding guests available. T'he homes on the property have no interior space that is suitable for a large event, and therefore the practice has been for tents to be erected without the required permits from your office to protect the band and the dance floor, the caterers' preparation area, and the areas where reception guests gather to drink and eat. Often portable toilets are brought in since the facilities in the homes can not accommodate the number of guests attending the function. Every weekend this season from early May through early July and beginning again after Labor Day through last weekend, the tents and a new group of guests begin to arrive on Wednesday, the parties and functions begin in earnest by Friday, with the wedding on Saturday, and then the clean-up and dismantling of the tents and equipment takes place on Sunday. This commercial use of the property on a regular basis brings heavy traffic (caterers' trucks and equipment, rental companies setting up the tents and the tables, not to mention the buses and taxis transporting the wedding guests John H. Duren November 5,1998 Page Two themselves), amplified music and announcements, large numbers of people being served liquor, the temporary construction of large tents and function support facilities into a residential neighborhood. A review of the Building Department records for the Elliotts' properties shows that, other than two permits in May, no permits have been requested or issued for the erection of tents on the properties. This is a violation of the State Building Code. I assume that the required inspections by the Fire Department are also not being performed. These non-compliance issues mean that serious health and safety risks may exist. Most importantly, this use of the property is commercial and not permitted in this residential zoning district. When a property owner applies for a permit to erect a tent to have a party at their home to celebrate a wedding, an anniversary or other special event in their family, there is no question that (even though a tent may be utilized) this use is ancillary to the primary use of the property for residential purposes. The impact on the neighborhood is negligible in that it is a rare occurrence on any one particular piece of property. The Elliott properties are being utilized as would any of the hotels or restaurants that offer their commercial facilities to special event planners. The three houses on the subject property, which are advertised for rent as a group, contain a total of 15 bedrooms -the same as a small hotel. The transient group that pays to conduct their event on the property has no relationship to the owners' residential use of the premises. These functions have become the principal use of the property, and the use of the buildings as single-family homes has become incidental. The detrimental impact on the neighborhood of this commercial venture is extreme. I submit that this practice of renting the property to persons unrelated to the property owner for use as a site for outdoor weddings and receptions is a commercial use which subverts the residential character of the property and the neighborhood. On behalf of the abutters, I ask that you issue a cease and desist order to Mr. Elliott prohibiting him from continuing to operate this property for such commercial purposes. I also submit that, under zoning, no permit for a tent on a residential property can be issued unless the applicant has proven to your John H. Dunn November 5,1998 Page Three satisfaction that the function that is to take place in the tent is an isolated event which will not be repeated in the near future. It is imperative that such notice be given to Mr. Elliott as soon as possible before he begins renting the property for next summer's wedding season. erely, elissa D. Philbrick cc: Mr. and Mrs. Peter Linda Hoey Mr. Alan Toole and Ms. Nikki Toole Mr. and Mrs. Thomas Albani Mr. and Mrs. Raymond Prevette Mr. and Mrs. John Maguire Mr. and Mrs. Steven Tritman Mr. Dale Stoodley Mr. and Mrs. Roy Ericson EXHIBIT D ~3UILDING AND CODE ENFORCEMENT DEPT. November 20, 1998 Melissa D. Philbrick Zero Main Street P.O.Box 148 Nantucket, Ma. 02554 TOWN BUILDING ANNEX 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Telephone 508-228-7222 Tele Fax 508-228-7249 RE: One and Three Elliotts Way, Map 92.4 Parce1319 & 319.1 Letter of November 5~', 1998 Dear Melissa: John H. Dunn Building Commissioner The complaint request for enforcement on Commercial use of the three Elliots houses located on 1 and 3 Elliots Way. The town zoning by-laws for tent use allows up to thirty days per permitted use. There is no mention of the number of permits that would be allowed per property each season. The Elliots denied that there has been commercial use each weekend by renters of the property. That there family and friends were the users of the property. My investigation of the use on the property in the past year indicates the use of the property has been no different than is allowed by the zoning statue. Therefore find no violations on the property. Yours ~~~~ H. Dunn ling Commissioner '~`-~ `~~~ LOCUS MAP r i ~ M ~1 ~~/ ~~s r ~ ~ e~RY PRE„e-~i rF~ -~ ,, Aogo (,tip ~ " ~~ ~ ~~ ~~- STovo a„ ER ~ 5` 6° s~ ' '~ ~~ :.~ m A'r ~ t.. ~( / . ~',~ LTS Ta^ w !t6 R~4o ~ al~4n ~ ~~ LS ~'~` i!i ~ :te y't/b~ uT 3~ _~ :<e _~ to :.. u' ,yZ.ai 63 u. ~, e a:s e.i 9ogo •1T m aw , ..s --~- p R ~j p _,. _.. ~~ Lt t31 TOM. a7. a~1 !S a.T aN a7! ~ ast 1t~3 _,. a.. ~„ ~T eu ~~ t- _ \ ~a ala ~. ~~ ~~o t. ~~.~ >o. , ,~, ~. \ gyp. V ~/(~,~r_ ~~1, ~\ O~ ~~ 7t1 3 ~~ ~,,,~ ~o i .~ ~LBANI ~ ~~ 3~ w~,norn A ~~a n ~. `'~1G ., '~, !.. L J ~ W~ ~H.~ E~~roff ,.,.+.a* ~t•N -..1 ~: o ;~°° h ~ ~omb~~~ ~~°~~~ ~.-a st•~ /NW.laTplt 17'.- W M/~M TtK.t7 3,00 BOA FORM PROPERTY OWNER: NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 2/s9 ASSESSOR'S LIST OF PARTIES IN INTEREST APPLICANT FOR RELIEF (SAME? ) ~~°~ ADDRESS OF PROPERTY : O~ r / ~'-e-~- ~!`! ~~ ASSESSOR'S MAP/PARCEL: % 2• ~ - 3/~ LIST OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED ): I certify that the foregoing (or the attached ) lists all persons, natural or legal, who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within three hundred feet of the property line of Owner's property,. as they (and their address) appear on the most recent applicable tax list (per M.G.L. c. 40A, §11 and Zoning Code Chapter 139, §139-29D(2)]. ~Z fylg$ ~. Date Assessor's Office Town of Nantucket *NOTE: Applicant (Petitioner) should include with the lot for which zoning relief is sought, any commonly-owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. Submitted by: Melissa D Philbrick Attornev _ DcC 3 !~~~~ ' Date "~'~ Client ~ ~~ R ~/ . U ~ 3 l g, Forms/BOA 12/04/98 TOWN OF NANTUCKET 09:44:00 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 0924 0320 KATZ FRANK L & ELISE R US HIGHWAY NO. 1 0051 WANOMA WY C/0 STRICK CORP. FAIRLESS HILLS PA 19030 0924 0318 ALBANI SUZANNE B & THOMAS J 8 MCCREA LN 0039 WANOMA WY DARIEN CT 06820 0924 0321 NANTUCKET ISLANDS LAND BANK 0022 BROAD ST 0009 WANOMA WY NANTUCKET MA 02554 0924 0244 EVANS KATHLEEN R 28 SACHEM ROAD 0050 WANOMA WY ~,~Cl.,,).zS ~,~~ ~~{ S a. 2~~ .2~ ~ WESTON CT 06883 0924 024b CROSS JOHN G 1316 BEECHWOOD DR 0032 OLD TOM NEVERS RD j ncl^+,ll5 Zc{ "}. a ~~{$ ANN ARBOR MI 48103 0924 0267 STOODLEY DALE G & BARBARA C 8 G917 N RODNEY ST 0000 HOLLISTER RD CROSS JOHN G & CYNTHIA WILMINGTON DE 19806 0924 0273 ERICSON ROY K & BARBARA K 0041 GEE AVENUE 0009 SANDSBURY RD GLOUCESTER MA 01930 0924 0272 *TOOLE ALLAN L & NIKKI S 40 TEMPLE STREET 0011 SANDSBURY RD NEW HAVEN CT 06510 0924 0284 TOOLE ALLAN L & NIKKI S 2889 POLO ISLAND DR 0011 SANDSBURY RD WELLINGTON FL 33414 0924 0285 TOOLE ALLAN L 2889 POLO ISLAND DR 0011 SANDSBURY RD ~ ~~~r~S ~~ 2~~ WELLINGTON FL 33414 P 0092 0009 *NANTUCKET TOWN OF 0016 BROAD ST 0000 TOM NEVERS NANTUCKET MA 02554 0092 0010 *WILLIAMS RICHARD & IMOGEN S SALT SPRING ISLAND 0000 WANOMA WY 175 REGINALD HILL ROAD BRITISH COLUMBIA V8K 1V7 0092 0025 HOEY PETER E & LINDA F 0031 LOOKOUT RD 0061 WANOMA WY MOUNTAIN LAKES NJ 07046 0092 0026 MAGUIRE JOHN J & LINDA & 0152 INDEPENDENCE RD 0063 WANOMA WY CAROVILLANO ROBERT CONCORD MA 01742 0092 0013 REAL M FLINT & JUDY A 0419 BEACON ST 0060 WANOMA WY } nc1~3~1 ~~~ ~ ~ ~. ~S BOSTON MA 02115 0092 0016 PREVETE RAYMOND C & LORRAINE B 0037 FENIMORE RD 0062 WANOMA WY l1Gw~ PeVts'l~ I'~ b I ij SCARSDALE NY 10583 0075 0036 SEIBERT RICHARD H & ANNE W TRS 1165 WINDSONG DR 0001 JONATHAN WY THE SEIBERT FAMILY TRUST YORK PA 17403-4491 PAGE i MUAS750 8.7 NUMBER OF RECORDS = 17 12/04/98 TOWN OF NANTUCKET PAGE 1 10:06:36 OWNER'S MAILING ADDRESS LIST MUAS750 8.7 Map Block Lot Owner's/Co-Owner's Name 0924 0263 STOODLEY DALE G i ~~~~s p~~z. zc~c~ 0924 03191 ELLIOTT ROBERT M ,~~1~~.s poq~ -po-t•i NUMBER OF RECORDS =[ Mailing Address/City State Zip 0917 N RODNEY ST WILMINGTON DE 19806 0008 PINEGROVE RD MARLBOROUGH CT 06447 Property Location 0005 HOLLISTER RD 0003 ELLIOTS WY Richard and Anne Siebert, Tees. Frank & Elise Katz Siebert Family Trust c/ o Strick Corp. 1165 Windsong Drive U.S. Highway No.1 York, PA 17403-4491 Fairless Hills, PA 19030 ~lantucket Islands Land Bank ?2 Broad Street ~lantucket, MA 02554 Kathleen R. Evans 28 Sachem Road Weston, CT 06883 dale and Barbara Stoodley ohn and Cynthia Cross X17 N. Rodney Street Nilmington, DE 19806 awn of Nantucket ~ Broad Street antucket, MA 02554 ~hn J. Maguire ,inda Maguire :obert Carovillano 52 Independence Road :oncord, MA 01742 £8SOI .iN 'aIeps~~aS p~o~ a~ouznza3 a~.}ana~d •g aut~~~o~ a~anaad •D puouz~i~~ 9~OG0 jN 'sa~~,1 ui~~unoy~ p~o~ }noxoo~ I£ ~iaoH •3 ~putZ ~faoH •g ~a}a~ ~I~££ 'Id 'uo~~utlIaM ani.zQ pu~Isl olod 6882 alooZ •S I~I~IiN alooZ •Z u~it~' £OI8~ III '~oq~~, uu~ ant~Q poon~uaaafl 9I£I sso~D •D uuo j OZ890 ZJ 'uai~~Q au~Z ~axJay~ g nz~glF1 ' j s~uzo~, iu~glV •g auu~znS Roy K. Ericson Barbara K. Ericson 41 Gee Avenue Gloucester, MA 01930 Richard Williams Imogen S. Williams 175 Reginal Hill Road Salt Spring Island British Columbia, V8K 1V7 M. Flint Beal Judy A. Beal 419 Beacon Street Boston, MA 02115 5IIZ0 VY~I'uo~sofl ~aa.z}S uoa~ag 6Li~ i~afl '~' ~Pnj I~afl ~ulld 'LEI GAI ~I8A 'plquznloJ uspt.zg pu~Isl ~uiadS }IBS p~o2I IITH I~ui~a2I SGL ~~IIItM 'S ua~ouzl suzeltIlM P~ua12I 0£610 VY~I 'za~saanolD anuanV aaD ~~ uosaizg •x ~.x~ga~g uosaizg •x ~io~ £8890 ZD 'uo~saM peon uzaua~S 8Z sung •~ uaa~~~x Suzanne B. Albani Thomas J. Albani 8 McCrea Lane Darien, CT 06820 John G. Cross 1316 Beechwood Drive Ann Arbor, MI 48103 Allan L. Toole Nikki S. Toole 2889 Polo Island Drive Wellington, FL 33414 Peter E. Hoey Linda F. Hoey 31 Lookout Road Mountain Lakes, NJ 07046 Raymond C. Prevette Lorraine B. Prevette Fenimore Road Scarsdale, NY 10583 Z~G LO VhI 'p.~oauoD p~o~ aauapuadapuI Z5I ou~Ilino.z~D ~zago~ a.zin.~ep1 ~pu1Z aatn~~~ • j uuo j i~5SZ0 F~L~I '~axa~~N ~aa~S p~oafl 9Z ~axan~ueN 1o un~oZ 90861 flQ 'uo~~unutIM ~aa~S ~iaupo~ •N Gt6 ssoaJ ~nl~u~i~ pug uuo j ~ialpoo~S ~.~~q.z~g pug aI~Q i~5SZ0 ~'Y~I '}a~Ia~~N }aa•~S p~o.zfl ZZ ~fl PUe'I sPu~ISI ~axaryu~N 0£061 ~'d 'sIIiH ssal~i~3 L6i~-£O~G I Vd 'Tot ~ •oN ~i~n~u~iH 'S'fl aniaQ ~uosputM S9IL •d.zoJ xalzlS o/a ~sn~s ~flnu~3 ~.zagaTS z~ex astlg ~ xu~.z3 'saaZ '}.zagaiS auuV pug p~uat~