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Home My WebLink About103-9916 Broad Street Nantucket, MA 02554 July 13, 2001 Town of Nantucket OFFICE OF THE TOWN CLERK 16 Broad Street NANTUCKET, MASSACHUSETTS 02554-3590 To Whom it May Concern: Catherine Flanagan Stover, cvt~tc Town Clerk (508) 228-7217 FAX (508) 325-5313 email twnclerkCnantucket.net Attached is a copy of the Decision of the Board of Appeals (#103-99), as well as attested true copies of the Certificate of disposition and the Stipulation of Dismissal from the Clerk of the Supe ' Court (Cas #00-01). p~vv~ (. /1'I /j1 C Catherine Flanagan Stover, CMMC Town Clerk FILE COPY TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: To: Parties in Interest and. Others Decision of the BOARD OF APPEALS in following: December o~~ 19 9g concerned with the the Application of the Application No.: 103=99 Owner/Applicant: COLEEN TRAYNOR, TRUSTEE OF MARTINS GUEST HOUSE NOMINEE TRUST, AND FOR.. DEBBIE WASIL PROPERTY OWNER Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this days date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. ~P ---~ • William P. Hourihan Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED.UPON ACCORDING~TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. ATTEST: A TRUE COPY ~' ~:i'" " a-~c. ~ o ~ ~" NANTUCKET TOWN CLERK TOWN OF NANTUCKET Assessor's Map 42.4.3 Parcel 67 ROH ZONING BOARD OF AppEAL,S 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 61 Center Street Plan Book 3, Page 29 Deed Ref. 567/285 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 12:00 P.M., Friday, November 12, 1999, in the Conference Room of the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of COLEEN TRAYNOR, TRUSTEE OF MARTIN'S GUEST HOUSE NOMINEE TRUST, AND FOR DEBBIE WASIL, PROPERTY OWNER, of 61 Center Street, Nantucket, MA 02554, Board of Appeals File No. 103-99, the Board made the following Decision: 1• Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-33A (alterations/expansion of a pre-existing nonconforming use/structure). Applicant proposes to construct a 352+ square-foot free-standing studio on the northeast corner of a 10,210+ square-foot lot that contains a said to be pre-existing nonconforming 13-room guest house. There would be no increase in the guest house use and the studio would meet all dimensional zoning requirements. The Locus is nonconforming as to use, with the guest house use; and as to parking with there being no parking on site. See also BOA File No. 082-99. The Premises is located at 61 CENTER STREET, Assessor's Map 42.4.3, parcel 67, Plan Book 3, Page 29. The property is zoned Residential-Old-HIstoric. 2• The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the hearing. The Planning Board made a favorable recommendation. There was one (1) letter on file from Ms. Koseatac, the Appellant in BOA File No. 082-99 in which concerns were raised about issues not within the perview of the Board of Appeals, i.e., questioning the use of the proposed structure, siting, fire protection, construction methods, and flooding. Ms. koseatacx also spoke about her concerns at the public hearing also stating that she was not opposed to the concept of the studio itself. 3• Applicant represented that the new studio would not be used in conjunction with her guest house and would be solely for her personal use as a crafts workshop and private space guests would not have access to. There would be no habitation in the structure nor rental as guest quarters. In response to Ms. Koseatac's concern about the siting, Applicant represented that the structure would be sited outside the required 5-foot setback area and would not violate the ground cover requirements. There was a change in grade from the front of the property o--~e_. 3 0 ~- ~-- on Center Street to the rear and this was the only relatively level area of the Locus on which to site the 22+ foot structure. In response to Ms. Koseatac's concern about water runoff, Applicant agreed to install gutters on the structure to direct the water away from the abutting property. 4• Therefore, the Board finds that there would be an expansion of the pre-existing nonconforming nature of the property with construction of a studio, but further finds that said expansion would not be substantially more detrimental to the neighborhood than the existing nonconformities, as the studio would not be used in conjunction with the guest house use. 5. Accordingly, by a unanimous vote, SPECIAL PERMIT under Nantucket Zoning Bylawe§B39r33ARtoTexpandrtheested pre-existing nonconforming use on the property by construction a 352+ square-foot 22~+ high studio as proposed upon the following conditions: a• The structure shall not be used for human habitation b• The structure shall not be used as guest rooms or rented separately from the other uses on the property and used solely by the manager or owner of the property; c• Gutters shall be installed upon the structure; d• There shall be no tub installed in the bathroom which shall consist of a maximum of a sink, toilet and shower; e• There shall be no exterior construction relative to this structure between May 15 and October 15 of any given year; and f• The structure shall be built in substantial conformance with Certificate of Appropriateness No. 34318, as may be amended, issued by the Historic District Commission. Dated: December o2„~, lggg Wi 'a P. Houriha TUiNN C~ERKSEOFFICE fVANT~.iCKET, MA 02554 Dal e W . Wa i n ~JEC 21 1999 irYfc._ ~~_: a~ ~z A~S~ P,x_ NanJ y Sevr s ~~ERK:...~~ L ~ Edward S~ or!% G ////// Edward rphy ~.,~~~ Received-& Entered Dates PR 000 Time:~jJj with Nara eke County Deeds Book:__~____~pa9e:___~L/~, ~~ Joanne L. Kelley ~_ Nantucket, ss. COMMO~EALTH OF MASSACHUSETTS ~.~ ~~ Nantucket Superior Court I, Patricia R. Church, Clerk of the Nantucket Superior Court, hereby certif Koseatac, p Y that in Civil Action No. 00-O1, Tuge U laintiff, Town of Nantucket Zonin and Colleen Traynor, Trustee of g Board of Trust and Debbie Wasil, I"Iartin s Guest House Nompinee Januar defendants, brought by a Complaint dated Y 6, 2000, a Stipulation of Dismissal signed b was filed with the Court on April 13, 2000 with its terms, the action was dismissed, with Y all parties and, in accordance dismissal was noted upon the record of preJudice _~_'~ 2000. said action ~ and the on April In witness whereof I have hereunto subscribed my name and affixed the seal of said Superior Court this _~_ day of April, 2000. /) ~; ~ -; Patricia R. Church, Clerk f \WP\wasil\clerkcrt.doc ATTEST: A TRUE COPY S~"" _ - NANTUCKET TOWN CLERK Nantucket, ss. TUGE U. KOSEATAC, v. COMMONWEALTH OF MASSACHUSETTS Plaintiff, TOWN OF NANTUCKET ZONING BOARD OF APPEALS, WILLIAM P. HOURIHAN, DALE W. WAINE, NANCY SEVRENS, EDWARD SANFORD and EDWARD MURPHY, as the duly appointed members thereof; COLLEEN TRAYNOR, TRUSTEE OF MARTIN'S GUEST HOUSE NOMINEE TRUST and DEBBIE WASIL, Defendants. Superior Court Department Civil Action No. 00-01 STIPULATION OF DISMISSAL Pursuant to Mass. Rule Civ. P. 41 (a) (1) (ii) the parties do hereby stipulate that this action be dismissed, with without costs and waiving all rights of a prejudice, ppeal. Dated: April ~~ 2000 Tuge U. Koseatac Town of Nantucket By: ~0. (~~_ Bruce Gilmore 1170 Route 6A P.O. Box 714 West Barnstable, MA 02668 (508) 362-8833 13B0#~ 192940 ATTE~v~1,~~'RI~Fx ~PSY ao~ .,- ~.~ NANT~(JrKE'f TOWN CLERK Zoning Board of Appeals By: Kimberly Saillant Deutsch Williams Brooks DeRensis Holland & Drachmae, P.C. 99 Summer Street Boston, MA 02110-1235 (617) 951-2300 BBO## ~ ~ _ ~ ~ ~G^ „~.~~ ~~ r / _ , ~~ ~ ~'3 ~10,~~ .1~ l Colleen Traynor, Trustee and Debbie Wasil By: Kenneth A. Gullicksen Reade, Gullicksen, Hanley & Gifford, LLP 6 Young s Way P•n• Rix 2h69 Nantucket, MA 02584 (508) 228-3128 BBO# 550765 ~~8 •~;~ ~ r~~ APR 13 2000 _. ~,v~-. ~(J(Jh l !-'f r(iK OrLrn (_ _ L 1 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss, TUGE U. KOSEATAC, v. Plaintiff, TOWN OF NAN'I'iJCKET ZONING BOARD OF APPEALS, WZLLTAM P. HOURIHAN, DAY,E W , WAINE , NANCY SEVRENS, EDWARD SANFORD and EDWARD MURPHY, as the duly appointed members thereof; COLLEEN TRAYNOR, TRUSTEE OF ' MARTIN'S QUEST HOUSE NOMINEE TRUST and DEBBIE WA52L, Defendants. Superior Court Department Civil. Action No. 00-01 ) STIPULATrON OF DISMISSAL Pursuant to Mass. Rule Civ. P. 41 (a) (1) (ii) , the parties do hereby stipulate that this action be dismissed, with prejudice, without costs and waiving all rights of appeal. Dated: April 2000 Tuge U. Koseatac Town of Nantucket BY= Bruce P. Gilmore 1170 Route 6A P.O. Box 714 West Barnstable, MA 02668 (508) 362-8833 RBO## 192940 Zoning Board of Appeals B y,: ''1', imbe Y 'llant ~, eutsch illiams Broo s DeRensis Holland & Drachmaz~, P.C. 99 Summer Street Boston, MA 02110-1235 (617) 951-2300 BBO# ~~~ ~~~ ~ Colleen Traynor, Trustee and Debbie Wasil By: Kenneth A. Gullicksen Reade, Gullicksen, Hanley & Gifford, LLP 6 Young s Way P•o. Box 2669 Nantucket, MA 02584 (508) 228-3128 BBO# 550765 ~~ - ,•- f ~ \"p\L+aeil\etlpole.doc ~^ +~ ' f ATTEST: A TRUE COPY ~ rlE`y ~'R ~ 3 2000 ~-~ 'vHly ~ u ~' ~1 t 1 ~Al~?"~GKET TOWS! CLERK H ~ , ~ cRk P~--~ `a- o ~ ~- ., ~;p~ Received-8 Enlerod Dates P 000 Time:~j~J with IVant4ck~t County Deeds Book:~p~E:___y~/~ ~ Joanne L. Kelley ~--- ~{.:c:. .~ r~PR~s Nantucket, ss. COMMONWEALTH OF MASSACHUSETTS Nantucket Superior Court I, Patricia R. Church, Clerk of the Nantucket Superior Court, hereby certif Koseatac, plaintiff, Towna of1Nantucke tcZon n No. 00-01, Tuge U and Colleen Tra nor g Board of Appeals Y Trustee of Martin's Guest House Nominee Trust and Debbie Wasil, defendants, brought by a Complaint dated January 6, 2000, a Stipulation of Dismissal signed b was filed with the Court on April 13, 2000, and, n aaccordance with its terms, the action was dismissed, with prejudice, and the dismissal was noted upon the record of said action on April ___~__~ , 2 0 0 0 . In witness whereof I have hereunto subscribed my name and affixed the seal of said Superior Court this _~ dad, of April, 2000. Patricia R. Church, Clerk f~\wp\wasil\clerkcrt.doc -'~ COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. Superior Court Department Civil Action No. 00-01 TUGE U. KOSEATAC, ) Plaintiff, ) v. ) TOWN OF NANTUCKET ZONING ) BOARD OF APPEALS, WILLIAM P. ) HOURIHAN, DALE W. WAINE, ) NANCY SEVRENS, EDWARD ) SANFORD and EDWARD MURPHY, ) as the dul a ) y ppointed members thereof; ) COLLEEN TRAYNOR, TRUSTEE OF ) MARTIN'S GUEST HOUSE ) NOMINEE TRUST and DEBBIE ) WASIL, ) Defendants. ) STIPULATION OF DISMISSAL Pursuant to Mass. Rule Civ. P. 41 (a) (1) (ii) the parties do hereby stipulate that this action be dismissed, with prejudice, without costs and waiving all rights of appeal. Dated: April ~aZ 2000 Tuge U. Koseatac Town of Nantucket By: ~~ (~~_ Bruce Gilmore 1170 Route 6A P.O. Box 714 West Barnstable, MA 02668 (508) 362-8833 BBO# 192940 Zoning Board of Appeals By: Kimberly Saillant Deutsch Williams Brooks DeRensis Holland & Drachman, P.C. 99 Summer Street Boston, MA 02110-1235 (617) 951-2300 BBO# - . l /~G-, f: \wp\wasil\stipdis.doc Y{~,,,,~ L I3, ~ ~~~ Colleen Traynor, Trustee and Debbie Wasil By: Kenneth A. Gullicksen Reade, Gullicksen, Hanley & Gifford, LLP 6 Young's Way P.O. Box 2669 Nantucket, MA 02584 (508) 228-3128 BBO# 550765 ~ 1 F ~' ~ r7~ APR ~ 3 2000 `VAN ~ ut,~tt ; „~,:,.., 04/07/00 FRI 14:41 FA% 15082285630 Reade,G,H&G f~oo2 Nanntucket, sa . TUGfi U. KOSEATAC, v. COMMONWEALTH OF MASSACI~USETTS Plaintiff, TOWN OF NANTiJCFET ZONING BOARD OF APPEALSr WZLLYAM P. HOURIHAN, DALE W. WAIVE, NANCY SEVREN3, k;DWARD SANFORD and EDWARD MURPHY, as the duly appointed members thereof; COLLEEN TRAYNOR, TRUSTEE OF ' MARTIN'S GUEST HOUSE NOMINEE TRIIST and DEBBIE WA5IL, Defendants. STIPULATrON OF DISMISSAL Pursuant to Mass . Rule Civ . P _ 41 (a) (1) (i i) , the part i.es do hereby stipulate that this action be dismissed, with prejudice, without costs and waiving all rights of appeal. Dated: April 2000 Tuge U. Koseatac Town of Nantucket BY~ Zoning Board of Appeals By,': Bruce P_ Gilmore ' 1170 Route 6A P.O. Box 714 imbe y 'llant West Barnstable, MA r eutsch illiams 02668 Broo s DeRensis (508) 36Z-8833 Holland & Drachmaz~, BBO# 192940 ~ p,C, 99 Summer Street Boston, MA 02110-1235 (617) 951-2300 BBO# 5~1 ~} 71.E Colleen Traynor, Trustee and Debbie Wasil By: Kenneth A. Gullicksen Reade, Gullicksen., Hanley & Gifford, LLP 6 Young's Way P.O_ Box 2669 Nantucket, MA 02584 (508) 228-3128 BBO# 550765 ~~k ~~ f ; \..P\L+aeil\etipdie . doc Superior Court Department Ci.vi1 Action No. 00-01 ~~`~ APR ~ 3 2000 r~'yf~EUr,,,lt~ J~r,~rifUh '~l~~Hl r;J C~i~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December o~~19 99 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 103=99 Owner/Applicant: COLEEN TRAYNOR, TRUSTEE OF MARTINS GUEST HOUSE NOMINEE TRUST, AND FOR. DEBBIE WASIL PROPERTY OWNER Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this days date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. `p , ~~ William P. Hourihan Cha rman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED. UPON ACCORDING~TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET Assessor's Map 42.4.3 Parcel 67 ROH ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 61 Center Street Plan Book 3, Page 29 Deed Ref. 567/285 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 12:00 P.M., Friday, November 12, 1999, in the Conference Room of the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of COLEEN TRAYNOR, TRUSTEE OF MARTIN'S GUEST HOUSE NOMINEE TRUST, AND FOR DEBBIE WASIL, PROPERTY OWNER, of 61 Center Street, Nantucket, MA 02554, Board of Appeals File No. 103-99, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-33A (alterations/expansion of a pre-existing nonconforming use/structure). Applicant proposes to construct a 352+ square-foot free-standing studio on the northeast corner of a 10,210+ square-foot lot that contains a said to be pre-existing nonconforming 13-room guest house. There would be no increase in the guest house use and the studio would meet all dimensional zoning requirements. The Locus is nonconforming as to use, with the guest house use; and as to parking with there being no parking on site. See also BOA File No. 082-99. The Premises is located at 61 CENTER STREET, Assessor's Map 42.4.3, parcel 67, Plan Book 3, Page 29. The property is zoned Residential-Old-HIstoric. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the hearing. The Planning Board made a favorable recommendation. There was one (1) letter on file from Ms. Koseatac, the Appellant in BOA File No. 082-99 in which concerns were raised about issues not within the perview of the Board of Appeals, i.e., questioning the use of the proposed structure, siting, fire protection, construction methods, and flooding. Ms. koseatacx also spoke about her concerns at the public hearing also stating that she was not opposed to the concept of the studio itself. 3. Applicant represented that the new studio would not be used in conjunction with her guest house and would be solely for her personal use as a crafts workshop and private space guests would not have access to. There would be no habitation in the structure nor rental as guest quarters. In response to Ms. Koseatac's concern about the siting, Applicant represented that the structure would be sited outside the required 5-foot setback area and would not violate the ground cover requirements. There was a change in grade from the front of the property on~Center Street to the rear and this was the only relatively level area of the Locus on which to site the 22+ foot structure. In response to Ms. Koseatac's concern about water runoff, Applicant agreed to install gutters on the structure to direct the water away from the abutting property. 4• Therefore, the Board finds that there would be an expansion of the pre-existing nonconforming nature of the property with construction of a studio, but further finds that said expansion would not be substantially more detrimental to the neighborhood than the existing nonconformities, as the studio would not be used in conjunction with the guest house use. 5• Accordingly, by a unanimous vote, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning Bylaw §139-33A to expand the pre-existing nonconforming use on the property by construction a 352+ square-foot 22~+ high studio as proposed upon the following conditions: a. The structure shall not be used for human habitation b. The structure shall not be used as guest rooms or rented separately from the other uses on the property and used solely by the manager or owner of the property; c. Gutters shall be installed upon the structure; d. There shall be no tub installed in the bathroom which shall consist of a maximum of a sink, toilet and shower; e. There shall be no exterior construction relative to this structure between May 15 and October 15 of any given year; and f. The structure shall be built in substantial conformance with Certificate of Appropriateness No. 34318, as may be amended, issued by the Historic District Commission. Dated: December o2~„ 1999 DECEIVED TOWN CLERK'S OFFICE NANT~~CKET, MA 02554 ®EC 21 1999 554 •__._. we ~t"e. ~ ~ --. Wi 'a P. Houriha Dale W. Wain ~t Nancy Sevr s C-~ G- Edward Sanford - j~~ -, Edward "rphy COMMONWEALTH OF MASSACHUSETTS NANTUCKET, SS. TUGE U. KOSEATAC, Plaintiff, v TOWN OF NANTUCKET ZONING ) , BOARD OF APPEALS WILLIAM P ) JAN 2 4 2000 ' TIME: HOURIHAN, DALE W. WAIVE, ) NANCY SEVRENS, EDWARD ) CLERK: SANFORD and EDWARD MURPHY, ) as the duly appointed members thereof; ) COLLEEN TRAYNOR, TRUSTEE OF ) MARTIN'S GUEST HOUSE ) NOMINEE TRUST and DEBBIE ) WASIL, ) Defendants ) Affidavit of Service Pursuant to Mass. R. Civ. P. Rule 40 (f) 2. 3. 4 I, Bruce P. Gilmore, upon oath do depose and state the following: I am an attorney licensed to practice in the Commonwealth of Massachusetts. My office is located at 1170 Route 6A, West Barnstable, Massachusetts. I am the attorney of record for the Plaintiff, Tuge Koseatac. On or about January 6, 2000, I caused a complaint to be filed with the Nantucket Superior Court. Notice was also provided to the Clerk for the Town of Nantucket. On or about January 10, 2000, copies of said complaint were sent certified mail, return receipt requested to the following individuals: William P. Hourihan, Jr., PO Box 602, Nantucket, MA 02554; Dale W. Waine, PO 2726, Nantucket, MA 02554; Nancy Sevrens, PO Box 428, Nantucket, MA 02554; Edward Sanford, 3 Mill Street, Nantucket, MA 02554; Edward Murphy, 163 Orange Street, Nantucket, MA 02554; Colleen Traynor, Trustee of Martin's Guest House Nominee Trust, SUPERIOR COURT DOCKET NO. R~C~IV~p T©WN CLERK'S QFFIGE NANTUCKirT, MA 02554 61 Center Street, Nantucket, MA 02554; and Debbie Wasil, 61 Center Street, Nantucket, MA 02554 5. As of January 19, 2000, all but one receipt (green card) has been returned, indicating service was made. Attached is a copy of each receipt indicating the date of service. 6. Edward Murphy, a member of the Nantucket Zoning Board of Appeals, has not picked-up the certified mail. A call to the Nantucket Post Office revealed Mr. Murphy has been given two notices of the certified mail. The post office will be returning the unclaimed certified mail on January 26, 2000. 7. After further investigation completed by my office staff, it appears Mr. Murphy is vacationing abroad. He departed on or about January 6, 2000 is not expected to return until after January 26, 2000. Signed under the pains and penalties of perjury this 2 y day of January, 2000. Bruce P. ore US Postal Service Receipt for Certified Mail No Insurerx:e Coverage Provided. nn not uea Irx Intamstlenal dAeY /Son nnunrcnl $0f"0 Hourihan, Jam. ~1eet ~ YU BoX 602 Post Office, Stets. i Z1P Cads Nantucket MA 02554 S CerMled Fes speaal Delivery Fee Restricted oaivery Fes °i ~ Rrstwn Rerxipl Showing m _ When 8 Date Delivered Reesn Retxgt Slfowrp b Wltorn, ' Oahe, 8 Addressee s Address TOTAL Postage b Fees $ Postmark a Date ~ 1/10/00 Z 491 161 C61 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intematlonal Mail See reverse sent to Dale W. Waine Street b Number PO Aox 2726 Po51O"1C8l~aiituckce~, MA 02554 Postage S Certfied Fee Spedal Delivery Fee Restricted Delivery Fee u~ ~ Return Receipt Showing to Whom S Date Delivered .Q Return Receyt Stawirg to IARrom, Q Date, S Addressee's Address TOTAL Postage 3 Fees a '~ Postmark or Date E ~ 1/10/00 r1 ,y ybi udu US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do nit use fM Intamafinn~t IU~it /Coo .a,..,.....f Sent to Nancy Sevrens Street S Number PO Aox 428 Post Office, state. b ZIP code Nantucket, MA 02554 Postage a Certified Fee Spedal Delivery Fee ~ Restricted Delivery Fee ?etum Receipt Showing to 'whom S Oate Delivered Return Receipt Shortnr>D to Wlgrn. i `` SENDER: O cornpl«. itnrs / .nator 2 mr addlfarl sarvlosa. c«npt.c. n.ma 3, +...,a Ie. ~ o Part ya,r rwns and edbws on tlr reveres of thN tam so tl+at w an return this O Aaarh brm m s» bon of the ind{>tacs. «m s» bsdr K apse doss not r~°. o wR.h~m RagtrasMd'm the etslpisa below b ar9ds nurrrbar. ~ d~Nivered. ~ Mrow b whom 1M artlCN rtes dttlversd arW tf+s deM 3. Article Add to: 4a. Amide N I also wish b receive tfts fororv- Inp services (for ~ sxtre tee): ~ • ^ Addrassss's Address 2- ^ Rssb'icied Ottivery P 231 875 190 - ~11~18fn Iiourihan, Jr . Q SeMce Type Nantuck MA 02554 ^ E><p~reas MeG D Insured ^ ReWm FleCSIpt for Msrtdtsrtdfss ^ COD 7. Da 5. ' ed B . P ~ 8. Addressee' Address (Only H requested and lee is paid) ` ignature (Addressee orAyeM) ; ; ; ; t ii titi ,ii ; .. is ~ . PS Form 3811, December 1994 to25ss•a~t~o2z3 Domestic Return Receip ~ •~ SENDER: I also wish to receive the follow- s a Complete items tand/or 2 tar adddional aervlces. Ing services (for an extra fee): Complete hems 3, 4a, and 4b. m O Print your name and address on the reverse of this forth so ttutt we can return this > card to you. 1 • ^ Addressee's Address ` • o Attach this tone to the hoot of the ma7piece, a on the beds it space does not t 2• ^ Restricted Delivery « O Write 'Return Receipt Requested'on the rrrailpiecs below the article number. O The Return Receipt wid show to whom the article was dedvered and the date p delivered. ~ 3. Article Addressed to: 4a. Article Number m A~ Z 491 161 061 o Dale '~d. Waine 4b. Service Type ~ PD I30X 2726 ^ Registered ~ Certified Nantucket, MA 02554 ^ Express Mail ^ Insured ^ Return Receipt for Merchandise ^ COD ~ 7. Date of Delivery // ~ w l Nf YJV ' l 5, Received : ( ht N me) 8. /Kddressee' dd ess ( ly i l r eq u ested and lee is paid) c .Signature ess e a ) a PS Form 3811, December 1994 to2sss-ss-a-o22s Domestic Return Receipt m SENDER: y O Complete items tand/or 2 for add'Aional services. m Complete items 3, 4a, and db. O Print your name and address on the reverse of this form so that we can return this ~ card to you. m ~ Attach this form to the front of d,e mailpieee. or on the bade N space does not at perms. t 0 Write 'Return Receipt Requested'on the mailpiece below the article number. ~ ^ The Return Receipt vrid show to whom the article was delivered and the date o delivered. I also wish to receive the follow- ing services (for an extra fee): 1 • ^ Addressee's Address 2. ^ Restricted Delivery m 3. Article Addressed to: 4a. Article Number " Z 491 161 060 ~' a c Nancy Sevrens 4b. Service Type j ° PO BOX 428 ^ Registered ~ Certified Nantucket, MA 02554 ^ Express Mail ^Insured ^ Return Receipt for Merchandise ^ COD 7. Date of Delivery ~ ~a~ 5. iv By: (Print Name 8. Addressee's Address (Only r requested and (ee is paid) .Sign lure ( dress gen Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail /Sea reversal ~"'t°Edward Sanford Stroel Number Mill Street Post Office, State, b ZIP Code Nantucket MA 02554 Postage S Certified Fee Spedal Delivery Fee Restricted Deivery Fee Return Receipt Showing to 'rVf>om b Date Deivered Return Rece4t Sltowiq b YNtom, Cale, 8 Addressee's Addnm TOTAL Postage 8 Fees a Postmark or Oate 1/10/00 rnq Q E 0 u_ ;n Z 491 161 056 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. r... r..~~...~w....~1 Whil LCoo rovarsar "`t° Debbie Wasil Street S mbar ~1 Center Street PostO~~Nantuc~Ce MA 02554 Postage Certified Fee Spedal Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom S Date Delivered Return Receipt Stww~tg to VVttom, Date, b Addressee's Address TOTAL Postage b Fees a Postmark or Oate 1/10/00 v e a .c a C c a r f c u v a Z 491 161 r_57 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use ror mtemaaonar mar JOV rvrarov ~"'t~olleen Traynor, Truste street s Number Post a. State, ZIP ~1 antuc~cet, 02554 Postage a Certified Fee Spedal Delivery Fee ~ Restricted Delivery Fee Return Receipt Showng to Whnm A Hate Delivered 1J J `` SENDER: $ t addlbnal wrvfosa. . w a ComplM.Itarna andlor 2 for . compM. xnr s, sa, and.o. ~ Prht your rlartta and addrNS On s1a revMead tltM bmt eo tlyt we can stun rhitt ~ yyaou. O Attaot~ tltii torte b tM trot or Mrs ntarp~a. «on ttta hadt N atPacs doss rta - G Wrth~'Nafun AspraaMdon t» r~o~ tutow tna.Aa. r.n,D.r. ~ O Tha RaMt Ramp wa attow b rdtora tra arlida eras dMw~ad ant Mr dtla o aaFr.rad. ~ 3. Ankle Addressed to: 4a Artkls N~ c . Si Hat a a PS Form Fdward Sanford 3 Mill Street Nantucket, MA 02554 I edso wfstr to receive ltte fodow- I^D services (fcr tm extra fss): L D~J~ddressee's Addroes ~- D RestricEsd Deifirsry . _ ~v S ~,. Ixir ; . ~l 161 059 '~~~~_. D Registered a 'j~t,,erlNleti ' D Express Meq D Ineirlied `;:. - D FkWm Ior M ^ COD ` L y 7. Date Of ~ ~ . (Print Dune) _ ~J 8. Addre~'§ Address (O-Ny H rtetgf _ ~ U Q'~ lee ~ aed) . it?: tlii t+~ i ~ ~ ti .. , December 1994. . . tsaa-ate oomesTjc Return Receipt SENDER: a o Complete items tand/or 2 for additional services. • Complete items 3. ta. and 4b. ~ p Print you Warne and address on the reverse of this form so that we can return this ~ card to you. ` D Attach this form to the front of the rtwlpiece, or on the bade if space does not [• o War to 'Return Reoeia~B~gtrested' on the meilpiece bebw the amide number. O The Return Receip show to rdrorn the article was delivered and the date O delivered. '~ 3. Article Addressed TO: 4a. Article N m I also wish to receive the follow- ing services (for an extra fee): ~ • ^ Addressee's Address 2• ^ Restricted Delivery m '' Z 491 161 056 a E Debbie Wa~z:l 4b. Service Type 61 Center;Street ^ Registered C~.Cettified t ~ Nantucket~~` MA 02554 ^ Express Mail ^ Insured ~ ~ ^ Return Receipt for Merchandise ^ COD 7. Date of Delivery ' 5. Received By: (Pant Name) 8. Address 's Addr ss (Only i/requested and '. (~,p~~ lee is paid) ~ ` Sig ture (Address or Agent) o s" rn PS Form 3811, December 1994 tozsss-~-t3-ozzs Domestic Return Receipt ~ - ------ v SENDER: I also wish to receive the follow- m m o complete Hama tand/or z for additional services, Complete items 3, 4a, and 4b. ing services (for an extra fee): ~ o ^ Print your name and address on the reverse of this fo"n ao that we can return this m card to o Attach sutam to the hunt of the mailpiece or an dte peck H space does r~ 1 • ^ Addressee's Address j • ~"nd• ' 2• ^ Restricted Delivery ` r ~ c O W Me Return Receipt Requested' on the rttailpiece below the crude number. O The Return Receipt wip show to wftom the article was delivered and the date ~ o delivered. 0 3. Article Addressed to: 4a. Article Number E Colleen Traynor Trustee Z 491 161 057 , Martin's Guest House Nominee 4b. Service Type ^ Registered,Certified I Trust ^ Express Mail ^ Insured 61 Center Street ^ Return Receipt for Merchandise ^ COD Nantucket, MA 02554 7. Date of De' ery ' ~ o~ 5 eceived By: (Print Name) _ / 8. Addresse s re (Only i/requested and ', fee is paid e N , E c 6. ignature (Addresse or Agent) . h ti Z 491 161 C58 us Postal service Receipt for Certified Mail hlo Insurance Coverage Provided. Do not use for International Mai See reverse $°~dward Murphy ~ 163Oran a Street P0S` °~0°' ~`k~` zlP ~ Nantuc et, PA 025 54 Postage S Certified Fee Special Derrvery Fee Restricted Delivery Fee N ~ Retum Receipt Showing to VVhorn ~ Date t)e6verad a Rehm Racdpt Shorrirp m When, Q Dam, 6 Addressee's Address O TOTAL Postage 8 Fees a 0D ~"~ Postmark or Date ri 1/10/00 a BRUCE P. GILMORE ATTORNEY AT LAW 1170 ROUTE 6A WEST BARNSTABLE, MA 02668 (508) 362-8833 FAX: (508) 362-5344 Mailing Address P.O. BOX 714 WEST BARNSTABLE. MA 02668 January 20, 2000 Clerk's Office Nantucket Superior Court 16 Broad Street, PO Box 967 Nantucket, MA 02554 RE: Tuge U. Koseatac v. Nantucket Zoning Board of Appeals, Deborah Wasil, Colleen Traynor, Trustee Docket No. 00-0 l Dear Sir/Madam: Enclosed for filing in connection with the above-referenced case, please find Affidavit of Service. Thank-you. Very truly yours, ~' Bruce P. Gilmore cmr Enclosure cc: Nantucket Town Clerk BRUCE P. GILMORE ATTORNEY AT LAW Ii70 ROUTE 6A WEST BARNSTABLE, MA 02668 (508) 362-8833 FAX: (508) 362-5344 Mailing Address P.O. BOX 714 WEST BARNSTABLE, MA 02668 January 6, 2000 Clerk's Office Town of Nantucket 16 Broad Street Nantucket, MA 02554 RE: Tuge U. Koseatac v. Nantucket Zoning Board of Appeals, Deborah Wasil, Colleen Traynor, Trustee Dear Sir/Madam: Pursuant to MGLA Chapter 40A, § 17, please be advised that Tuge Koseatac, through this office, has filed an appeal from the Nantucket Zoning Board of Appeals Decision 103-99 (Colleen Traynor, Trustee of Matin's Guest House Nominee Trust) with the Nantucket Superior Court on January 6, 2000. A copy of the Complaint as filed being herewith attached. Very truly yours, ~~~ r Bruce P. G ore cmr Enclosure ATTEST: A TRUE COPY ~ (~!~ ".~ NANTUCKET TOWN CLERK ~EDEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 TIME. JAN 0 7.2000 CLERK: ~~ Q 2 COMMONWEALTH OF MASSACHUSETTS NANTUCKET, SS. SUPERIOR COURT DOCKET NO. TUGE U. KOSEATAC, Plaintiff, v TOWN OF NANTUCKET ZONING BOARD OF APPEALS, WILLIAM P. HOURIHAN, DALE W. WAIVE, NANCY SEVRENS, EDWARD SANFORD and EDWARD MURPHY, as the duly appointed members thereof; COLLEEN TRAYNOR, TRUSTEE OF MARTIN'S GUEST HOUSE NOMINEE TRUST and DEBBIE WASIL, Defendants NOTICE PURSUANT TO CHAPTER 40A SECTION 17 Notice is hereby given to the Town Clerk of the Town of Chatham that the Plaintiff has caused to be filed this day a Complaint with Nantucket County Superior Court in the nature of an appeal under Chapter 40A, section 17 of the decision of the Nantucket Zoning Board of Appeals dated December 22, 1999 and filed with Town Clerk on December 21, 1999, a copy of which Complaint is attached hereto. Signed under the pains and penalties of perjury this 4 January, 2000 (~ Bruce P. Gi 1170 Route 6A PO Box 714 West Barnstable, MA 02668 (508) 362-8833 BBO# 192940 COMMONWEALTH OF MASSACHUSETTS .- NANTUCKET, SS. SUPERIOR COURT DOCKET NO. TUGE U. KOSEATAC, Plaintiff, v TOWN OF NANTUCKET ZO:~I~1G BOARD OF APPEALS, WILLL~.M P. HOURIHAN, DALE W. WAItiTE, NANCY SEVRENS, EDWARD SANFORD and EDWARD MURPHY, as the duly appointed members thereof; COLLEEN TRAYNOR, TRUSTEE OF MARTIN'S GUEST HOUSE NOMINEE TRUST and DEBBIE WASIL, ) Defendants ) COMPLAINT A. Introduction This is an appeal under ~iGLA chapter 40 § 17 by Tuge Koseatac, an immediate and direct abutter to Debbie V~'asil, property owner and Colleen Traynor, Trustee of Martin's Guest House Nominee Trust, located at 61 Center Street, Nantucket, Nantucket County, Massachusetts from a decision of the Nantucket Zoning Board of Appeals No. 103-99 granting Wasil and Traynor a special permit for the construction of a 352 square foot free-standing studio. A. Parties 1. The Plaintiff, Tuge li. Koseatac, (hereinafter referred to as "Koseatac") is the property owner of 2 Chester Street, Nantucket, Nantucket County, Massachusetts and operates the Ivy Lodge Guest House on the property. She is a direct abutter of the property listed at 61 Center Street, Nantucket, Nantucket County, Massachusetts, owned by the Defendants Wasil and Traynor. 2. The Defendant, Town of Nantucket Zoning Board of Appeals, (hereinafter refereed to as the "Board") is the duly appointed Zoning Board of Appeals in and for the Town of Nantucket charged inter alia with authority to hear and decide applications for variances and special permits under the provisions of General Laws Chapter 40A et. seq. 3. The individual defendants herein, are members or associate members of the Nantucket Zoning Board of Appeals, and their names and addresses are as follows: William P. Hourihan, Jr., PO Box 602, Nantucket, MA 02554; Dale W. Waine, PO 2726, Nantucket, MA 02554; Nancy Sevrens, PO Box 428, Nantucket, MA 02554; Edward Sanford, 3 Mill Street, Nantucket, MA 02554; Edward Murphy, 163 Orange Street, Nantucket, MA 02554 4. The Defendant Colleen Traynor, Trustee of Martin's Guest House Nominee Trust and Debbie Wasil, (hereinafter refereed to as "Traynor/Wasil") are the property owner and/or operators of guest house located at 61 Center Street, Nantucket, Nantucket County, Massachusetts. C. Jurisdiction 5. This complaint is a zoning appeal, and such appeal is taken pursuant to the provisions of MGLA chapter 40A § 17. D. Facts 6. The Plaintiff Koseatac is the owner of real estate located at 2 Chester Street, Nantucket. The property is improved by a two story guest house and two story residential building cureently under construction. 7. The property of Defendants Traynor and Wasil directly abuts the Plaintiff s property and currently apre-existing non-conforming 13 room guest house is being operated on this lot of approximately 10,210 square feet. 8. The Defendants Traynor and Wasil propose to construct a 352 square foot free-standing studio within five feet of the Plaintiff's property line. A copy of the plot plan showing the footprint of the existing guest house and proposed studio is attached hereto as Exhibit A. 9. The elevation of the Defendants' Taynor and Wasil property is higher than the Plaintiff's. As such the proposed construction will not only cause water to collect on the building, to drain onto the Plaintiff's property, but it will also serve to block light. In addition, it will exacerbate an already congested neighborhood as well as reducing the values of the surrounding properties. All of these concerns were made known to the Defendant Board on the issue of detrimental to the neighborhood. 10. The Board held a public hearing on November 12, 1999. On December 22, 1999 it rendered a decision granting the special permit with conditions. A copy of the decision is attached as Exhibit B. 11. For reason not apparent on the record, the decision is time stamped "Received Town Clerk's Office, Nantucket, MA 02554 December 21, 1999." 12. The Defendants Traynor and Wasil never sought nor attained a site plan approval as required by the Nantucket Zoning By-Law. E. Relief 13. The Plaintiff, Tuge U. Koseatac, claiming to be aggrieved by the action of the Nantucket ZBA in its decision 103-99, hereby takes this appeal therefrom. a. The Plaintiff states that the decision of the Nantucket ZBA exceeds the authority of the Board b. The Decision is based on legally untenable grounds and is otherwise arbitrary and capricious. c. The Decision of the Board that the new structure was not substantially more detrimental to the neighborhood is inconsistent with the facts introduced at the public hearing. d. The Board's decision did not make specification as to each and every element of a special permit as required by the by-laws. WHEREFORE, for any and all of the above-captioned reasons, the Plaintiff, Tuge U. Koseatac, respectfully requests this Court after hearing on the above appeal, find: a. That the Plaintiff is an aggrieved party, b. That the decision of the Nantucket ZBA 103-99 was in excess of its authority and/or was arbitrary and capricious. c. To take whatever other action is deemed just and appropriate, d. And praying that the Nantucket ZBA decision in Appeal 103-99 be totally annulled. Dated: January 6 , 2000 The Plaintiff, By her Attorney, ~~~~' Bruce P. Gi e 1170 Route 6A PO Box 714 West Barnstable, MA 02668 (508) 362-8833 BBO# 192940 ~. •_ • ~--.X . ~ ~ ~~ i .^ ~ ~ • ..r ~ ~- ~/~~ Gdov/~y ~2~a~r Tiz..x r 1 ,~ v./ .4« ~_ 2L. Z ~ ~a3.c) ~ I~~~ ~ ., i~ • ~ !~~ - ~' '~ v - !; ~ v ~~ '.+ ~:.' r a i - /ZEA= /D~ zio ~sF m ~ y~•'J•3 6L ~ - ~ ~~ MArw,~~ } ~ .. n ~ , .~ o • ~~~~ - It 5- .~z. y ~ ,~~ Ms's _ ~z. ~ 3--~ g i ~ s, ~ ? ~ W. L• o...,/ G i -• W "`' ~ dab = ~~ ih a ~ ~ o~"'n'~ m . y2. ~,r. 3 - ~,- 3 .„ - ~" ~ - _ ~ >,`~ ~IAY• 3.1. 1999 ~ ~, ,~ ~, ~ 57~ / / .J ~ ~ ~ b ~• -„` a v ui ~~ Y ~ S n 1n , - - 7 ~~r H ~1 / ~~ ;'° ~ - ,,~ ~ .y3 _~ ~' .v /F Ma,/ nt . ~G44 y ~. 9 S . s ~-~~ ~ f,,~~c.. _ ~. .~ vi ~ 9 his ~~ ~ l P'' ~ ~ ~ L ~`.~, ~ eF - GE~~~~ ~ . ~_ fix. ~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December o~~ 19 99 To: Parties in Interest and. Others Decision of the BOARD OF APPEALS in following: Application No.: 103-99 concerned with the the Application of the Owner/Applicant: COLEEN TRAYNOR, TRUSTEE OF MARTIN S GUEST HOUSE NOMINEE TRUST, AND FOR. DEBBIE WASIL PROPERTY OWNER Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. • William P. Hourihan Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 42.4.3 Parcel 67 ROH 61 Center Street Plan Book 3, Page 29 Deed Ref. 567/285 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 12:00 P.M., Friday, November 12, 1999, in the Conference Room of the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of COLEEN TRAYNOR, TRUSTEE OF MARTIN'S GUEST HOUSE NOMINEE TRUST, AND FOR DEBBIE WASIL, PROPERTY OWNER, of 61 Center Street, Nantucket, MA 02554, Board of Appeals File No. 103-99, the Board made the following Decision: 1• Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-33A (alterations/expansion of a pre-existing nonconforming use/structure). Applicant proposes to construct a 352+ square-foot free-standing studio on the northeast corner of a 10,210+ square-foot lot that contains a said to be pre-existing nonconforming 13-room guest house. There would be no increase in the guest house use and the studio would meet all dimensional zoning requirements. The Locus is nonconforming as to use, with the guest house use; and as to parking with there being no parking on site. See also BOA File No. 082-99. The Premises is located at 61 CENTER STREET, Assessor's Map 42.4.3, parcel 67, Plan Book 3, Page 29. The property is zoned Residential-Old-HIstoric. 2• The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the hearing. The Planning Board made a favorable recommendation. There was one (1) letter on file from Ms. Koseatac, the Appellant in BOA File No. 082-99 in which concerns were raised about issues not within the perview of the Board of Appeals, i.e., questioning the use of the proposed structure, siting, fire protection, construction methods, and flooding. Ms. koseatacx also spoke about her concerns at the public hearing also stating that she was not opposed to the concept of the studio itself. 3• Applicant represented that the new studio would not be used in conjunction with her guest house and would be solely for her personal use as a crafts workshop and private space guests would not have access to. There would be no habitation in the structure nor rental as guest quarters. In response to Ms. Koseatac's concern about the siting, Applicant represented that the structure would be sited outside the required 5-foot setback area and would not violate the ground cover requirements. There was a change in grade from the front of the property on Center"Street to the rear and this was the only relatively level area of the Locus on which to site the 22+ foot structure. In response to Ms. Koseatac's concern about water runoff, Applicant agreed to install gutters on the structure to direct the water away from the abutting property. 4• Therefore, the Board finds that there would be an expansion of the pre-existing nonconforming nature of the property with construction of a studio, but further finds that said expansion would not be substantially more detrimental to the neighborhood than the existing nonconformities, as the studio would not be used in conjunction with the guest house use. 5• Accordingly, by a unanimous vote, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning Bylaw §139-33A to expand the pre-existing nonconforming use on the property by construction a 352+ square-foot 22~+ high studio as proposed upon the following conditions: a. The structure shall not be used for human habitation b. The structure shall not be used as guest rooms or rented separately from the other uses on the property and used solely by the manager or owner of the property; c• Gutters shall be installed upon the structure; d. There shall be no tub installed in the bathroom which shall consist of a maximum of a sink, toilet and shower; e• There shall be no exterior construction relative to this structure between May 15 and October 15 of any given year; and f. The structure shall be built in substantial conformance with Certificate of Appropriateness No. 34318, as may be amended, issued by the Historic District Commission. Dated: December ~~.,, 1999 ~ECEIVE® TOWN CLERK'S OFFICE NANTUCKET, MA 02554 DEC 21 1999 \~5~ ~'-- C.LERK:~~ --~- A1~ ~ ~~ Wi 'a P. Houriha Dale W. Wain ~z Na~ y Sevr s G- Edward Sanford / ~~ -, Edward 'rphy PLAINTIFF(S) ~ DEFENDANT(SI ~ ' Nantucket Zoning Board of Appeals, Colleen Tuge U. Koseatac Traynor, Trustee and Debbie 6dasil ATTORNEY(S) FIRM NAME, ADDRESS AND TEL.) ATTORNEY(S) (It known) Bruce P. Gilmore, Esquire 1170 Route 6A, PO Box 714 ~dest Barnstable, MA 02668 508/362-8833 Board of Bar Overseers # (Required) 192940 ORIGIN CODE AND TRACK DESIGNATION Place an C in one box only: ~ 1. F01 Original Complaint ~ ~ 4. F04 District Ct. Appeal c231, s. 97 (X) ^ 2. F02 Removal to Sup. Ct. c 231 s. 104 (F) J , 5. F05 Reactivated after Rescript; Relief from ~ 3. F03 Retransfer to Sup. Ct. c 231 s. 102C (X) ~ , judgmenUorder (Mass. R Civ. P. 60 (X) J 6. E10 Summary process appeal (X) TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side) CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE? C02 Zoning Appeal GL c. 40A (F) C Yes ~ No 1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Actions) The Plaintiff is appeal the decision of the Nantucket Zoning Board of Appeals relative to a special permit issued for the construction of a 352 square feet free- standing studio to be built at 61 Center Street, Nantucket. 2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARTICULARITY, MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY WOULD EXCEED $25,000: Not Applicable 3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT. None SIGNATURE OF ATTO NEY OF RE R• INTIFF DATE /~ f/~ • • ~ • • • DISPOSITION RECEIVED A. Judgment Entered B. No Judgment Entered BY: 1. Before jury trial or non-jury hearing ^ 6. Transferred to District DATE ^ 2. During jury trial or non-jury hearing Court under G.L. c.231, DISPOSITION ENTERED 3. After jury verdict s.102C. ^ 4. After court finding Disposition Date sY: ^ 5. After post trial motion DATE: OCIU6-mtc0o5-6/91 CLERK MAGtSTFt~TE'S COPY BRUCE P. GILMORE ATTORNEY AT LAW 1170 ROUTE 6A WEST BARNSTABLE, MA 02668 (508> 362-8833 FAX: (508) 362-5344 Mailing Address P.O. BOX 7ia WEST BARNSTABLE, MA 02668 January 6, 2000 Clerk's Office Town of Nantucket 16 Broad Street Nantucket, MA 02554 RE: Tuge U. Koseatac v. Nantucket Zoning Board of Appeals, Deborah Wasil, Colleen Traynor, Trustee Dear Sir/Madam: Pursuant to MGLA Chapter 40A, § 17, please be advised that Tuge Koseatac, through this office, has filed an appeal from the Nantucket Zoning Board of Appeals Decision 103-99 (Colleen Traynor, Trustee of Matin's Guest House Nominee Trust) with the Nantucket Superior Court on January 6, 2000. A copy of the Complaint as filed being herewith attached. Very truly yours, ~7,J Bruce P. G ore cmr Enclosure ATTEST: A TRUE COPY ~.~' - NANTUCKETTOWN CLERK DECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 JAN 0 7 2000 TIME: CLERK: ~ ~ Q ~ ~-_ NANTUCKET, SS. COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DOCKET NO. TUGE U. KOSEATAC, Plaintiff, v TOWN OF NANTUCKET ZONING BOARD OF APPEALS, WILLIAM P. HOURIHAN, DALE W. WAIVE, NANCY SEVRENS, EDWARD SANFORD and EDWARD MURPHY, as the duly appointed members thereof; COLLEEN TRAYNOR, TRUSTEE OF MARTIN'S GUEST HOUSE NOMINEE TRUST and DEBBIE WASIL, Defendants NOTICE PURSUANT TO CHAPTER 40A SECTION 17 Notice is hereby given to the Town Clerk of the Town of Chatham that the Plaintiff has caused to be filed this day a Complaint with Nantucket County Superior Court in the nature of an appeal under Chapter 40A, section 17 of the decision of the Nantucket Zoning Board of Appeals dated December 22, 1999 and filed with Town Clerk on December 21, 1999, a copy of which Complaint is attached hereto. Signed under the pains and penalties of perjury this ~ January, 2000 ~~~t~.t~..bCJ Bruce P. Gi 1170 Route 6A PO Box 714 West Barnstable, MA 02668 (508) 362-8833 BBO# 192940 COMMOI~~VEALTH OF MASSACHUSETTS NANTUCKET, SS. TUGE U. KOSEATAC, Plaintiff, v TOWN OF NANTUCKET ZONNG BOARD OF APPEALS, WILLL-~v1 P. HOURIHAN, DALE W. WAINE, NANCY SEVRENS, EDWARD SANFORD and EDWARD MURPHY, as the duly appointed members thereof; COLLEEN TRAYNOR, TRUSTEE OF MARTIN'S GUEST HOUSE NOMINEE TRUST and DEBBIE WASIL, ) Defendants ) COMPLAINT A. Introduction SUPERIOR COURT DOCKET NO. This is an appeal under ~iGLA chapter 40 § 17 by Tuge Koseatac, an immediate and direct abutter to Debbie V~'asil, property owner and Colleen Traynor, Trustee of Martin's Guest House Nominee Trust, located at 61 Center Street, Nantucket, Nantucket County, Massachusetts from a decision of the Nantucket Zoning Board of Appeals No. 103-99 granting Wasil and Tra~-nor a special permit for the construction of a 352 square foot free-standing studio. A. Parties The Plaintiff, Tuge U. Koseatac, (hereinafter referred to as "Koseatac") is the property owner of 2 Chester Street, Nantucket, Nantucket County, Massachusetts and operates the Ivy Lodge Guest House on the property. She is a direct abutter of the property listed at 61 Center Street, Nantucket, Nantucket County, tilassachusetts, owned by the Defendants Wasil and Traynor. 2. The Defendant, Town of Nantucket Zoning Board of Appeals, (hereinafter referred to as the "Board") is the duly appointed Zoning Board of Appeals in and for the Town of Nantucket charged inter alia with authority to hear and decide applications for variances and special permits under the provisions of General Laws Chapter 40A et. seq. 3. The individual defendants herein, are members or associate members of the Nantucket Zoning Board of Appeals, and their names and addresses are as follows: William P. Hourihan, Jr., PO Box 602, Nantucket, MA 02554; Dale W. Waine, PO 2726, Nantucket, MA 02554; Nancy Sevrens, PO Box 428, Nantucket, MA 02554; Edward Sanford, 3 Mill Street, Nantucket, MA 02554; Edward Murphy, 163 Orange Street, Nantucket, MA 02554 4. The Defendant Colleen Traynor, Trustee of Martin's Guest House Nominee Trust and Debbie Wasil, (hereinafter referred to as "Traynor/Wasil") are the property owner and/or operators of guest house located at 61 Center Street, Nantucket, Nantucket County, Massachusetts. C. Jurisdiction 5. This complaint is a zoning appeal, and such appeal is taken pursuant to the provisions of MGLA chapter 40A § 17. D. Facts 6. The Plaintiff Koseatac is the owner of real estate located at 2 Chester Street, Nantucket. The property is improved by a two story guest house and two story residential building currently under construction. 7. The property of Defendants Traynor and Wasil directly abuts the Plaintiff's property and currently apre-existing non-conforming 13 room guest house is being operated on this lot of approximately 10,210 square feet. 8. The Defendants Traynor and Wasil propose to construct a 352 square foot free-standing studio within five feet of the Plaintiff s property line. A copy of the plot plan showing the footprint of the existing guest house and proposed studio is attached hereto as Exhibit A. 9. The elevation of the Defendants' Taynor and Wasil property is higher than the Plaintiff's. As such the proposed construction will not only cause water to collect on the building, to drain onto the Plaintiff s property, but it will also serve to block light. In addition, it will exacerbate an already congested neighborhood as well as reducing the values of the surrounding properties. All of these concerns were made known to the Defendant Board on the issue of detrimental to the neighborhood. 10. The Board held a public hearing on November 12, 1999. On December 22, 1999 it rendered a decision granting the special permit with conditions. A copy of the decision is attached as Exhibit B. 11. For reason not apparent on the record, the decision is time stamped "Received Town Clerk's Office, Nantucket, MA 02554 December 21, 1999." 12. The Defendants Traynor and Wasil never sought nor attained a site plan approval as required by the Nantucket Zoning By-Law. E. Relief 13. The Plaintiff, Tuge U. Koseatac, claiming to be aggrieved by the action of the Nantucket ZBA in its decision 103-99, hereby takes this appeal therefrom. a. The Plaintiff states that the decision of the Nantucket ZBA exceeds the authority of the Board b. The Decision is based on legally untenable grounds and is otherwise arbitrary and capricious. c. The Decision of the Board that the new structure was not substantially more detrimental to the neighborhood is inconsistent with the facts introduced at the public hearing. d. The Board's decision did not make specification as to each and every element of a special permit as required by the by-laws. WHEREFORE, for any and all of the above-captioned reasons, the Plaintiff, Tuge U. Koseatac, respectfully requests this Court after hearing on the above appeal, find: a. That the Plaintiff is an aggrieved party, b. That the decision of the Nantucket ZBA 103-99 was in excess of its authority and/or was arbitrary and capricious. c. To take whatever other action is deemed just and appropriate, d. And praying that the Nantucket ZBA decision in Appeal 103-99 be totally annulled. Dated: January 6 , 2000 The Plaintiff, By her Attorney, ,~~L~AJ Bruce P. Gi e 1170 Route 6A PO Box 714 West Barnstable, MA 02668 (508) 362-8833 BBO# 192940 _ ' ~~ . ~I ~ ' l _..._ l ~ ~ ~. ' N/~ Gdov/.y 2~a~.r 7'iars Y 4. r,,.~.-r,,r,,,~,r, , ; ~~~;~ ~ ., i . ~~: .. ~~~__ Sl.U Ito ~ ~ ~ ~ •ii .. . _......_._ .._ • -r..... _ .. ~ fn ' i ~' V _t ~. ~r !: ~~: v ~~ r ~-~ t~+ .. I (~;: V ~/~-•'f • 3 -- 6~ Ul - ~ K N/F a~t~`.s U. ~ .. ~ 3 MArf/,Gr/ ~ . ~ ~ ~ ~~.r - ,. ' ~0 ~ ~~ ,. ~x. ti ~:~ ~ W. Lo..,/ G i ~ 1 W'~ dub t ~ ~ M ~ J Q~ o~"'h'~ m 3 _ /~fv~/i6~2 ~ _ ' ~ ~ Vii, `' ~ ~ )~ ~! AY• 3.1. 1998 i ~ ~ ;; ~i- r. ~ 57 ~ ~ _ J 3 ~ ~, .~ ~ ----- _ _ . `p a W~F ~~S ~ H; ~ ~ R.Y ~. lflr"^" r / / / / l i;0 ~ I ~ . ll~ \ Pof'aA ' ` .r c/L ~ .y 3 -~~ . ~.9 ~~~ ST~'~~•T ' `~ ~`i ~~ ter. l P J G~ ~ L v~~ GE~~~~ - . ~ . fix. ~3 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December o~~19 99 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 103-99 Owner/Applicant: COLEEN TRAYNOR, TRUSTEE OF MARTIN S GUEST HOUSE NOMINEE TRUST, AND FOR. DEBBIE WASIL PROPERTY OWNER Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this days date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. ~`~, ~ William P. Hourihan Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMT.T AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 42.4.3 61 Center Street Parcel 67 Plan Book 3, Page 29 ROH Deed Ref. 567/285 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 12:00 P.M., Friday, November 12, 1999, in the Conference Room of the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of COLEEN TRAYNOR, TRUSTEE OF MARTIN'S GUEST HOUSE NOMINEE TRUST, AND FOR DEBBIE WASIL, PROPERTY OWNER, of 61 Center Street, Nantucket, MA 02554, Board of Appeals File No. 103-99, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw X139-33A (alterations/expansion of a pre-existing nonconforming use/structure). Applicant proposes to construct a 352+ square-foot free-standing studio on the northeast corner of a 10,210+ square-foot lot that contains a said to be pre-existing nonconforming 13-room guest house. There would be no increase in the guest house use and the studio would meet all dimensional zoning requirements. The Locus is nonconforming as to use, with the guest house use; and as to parking with there being no parking on site. See also BOA File No. 082-99. The Premises is located at 61 CENTER STREET, Assessor's Map 42.4.3, parcel 67, Plan Book 3, Page 29. The property is zoned Residential-Old-HIstoric. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the hearing. The Planning Board made a favorable recommendation. There was one (1) letter on file from Ms. Koseatac, the Appellant in BOA File No. 082-99 in which concerns were raised about issues not within the perview of the Board of Appeals, i.e., questioning the use of the proposed structure, siting, fire protection, construction methods, and flooding. Ms. koseatacx also spoke about her concerns at the public hearing also stating that she was not opposed to the concept of the studio itself. 3. Applicant represented that the new studio would not be used in conjunction with her guest house and would be solely for her personal use as a crafts workshop and private space guests would not have access to. There would be no habitation in the structure nor rental as guest quarters. In response to Ms. Koseatac's concern about the siting, Applicant represented that the structure would be sited outside the required 5-foot setback area and would not violate the ground cover requirements. There was a change in grade from the front of the property on Center Street to t;he rear and this was the only relatively level area of the Locus on which to site the 22+ foot structure. In response to Ms. Koseatac's concern about water runoff, Applicant agreed to install gutters on the structure to direct the water away from the abutting property. 4• Therefore, the Board finds that there would be an expansion of the pre-existing nonconforming nature of the property with construction of a studio, but further finds that said expansion would not be substantially more detrimental to the neighborhood than the existing nonconformities, as the studio would not be used in conjunction with the guest house use. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning Bylaw §139-33A to expand the pre-existing nonconforming use on the property by construction a 352± square-foot 22'+ high studio as proposed upon the following conditions: a. The structure shall not be used for human habitation b. The structure shall not be used as guest rooms or rented separately from the other uses on the property and used solely by the manager or owner of the property; c. Gutters shall be installed upon the structure; d. There shall be no tub installed in the bathroom which shall consist of a maximum of a sink, toilet and shower; e. There shall be no exterior construction relative to this structure between May 15 and October 15 of any given year; and f. The structure shall be built in substantial conformance with Certificate of Appropriateness No. 34318, as may be amended, issued by the Historic District Commission. Dated: December o2~, 1999 r~ECEiVE® TOWN CLERK'S OFFICE NANT~)CKET, MA 02554 DEC 21 1999 f!vlt.-- - ~3.~ o1C_ ~~_. CLERK: ~ - Wi 'a P. Houriha Dale W. Wain Nancy Sevr s ~L ~~ Edward Sanford ~- i -, ~i~ Edward ~rphy PLAINTIFF(S) i DEFENDANT(S) • ~ Nantucket Zoning Board of Appeals, Colleen Tuge U. Koseatac Traynor, Trustee and Debbie Wasil ATTORNEY(S) FIRM NAME, ADDRESS AND TEL.) ATTORNEY(Sj (i+ known) Bruce P. Gilmore, Esquire 1170 Route 6A, PO Box 714 ~dest Barnstable, MA 02668 508/362-8833 Board of Bar Overseers # (Required) 192940 ORIGIN CODE AND TRACK DESIGNATION Place an C in one box only: 1. F01 Original Complaint ~ ~ 4. F04 District Ct. Appeal c231, s. 97 (X) 2. F02 Removal to Sup. Ct. c 231, s. 104 (F) ' '~ 5. F05 Reactivated after Rescript; Relief from 3. F03 Retransfer to Sup. Ct. c 231, s. 102C (X) judgment/order (Mass. R Civ. P. 60 (X) 6. E10 Summary process appeal (X) TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side) CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE? C02 Zoning Appeal GL c. 40A (F) C Yes x No 1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Actions) The Plaintiff is appeal the decision of the Nantucket Zoning Board of Appeals relative to a special permit issued for the construction of a 352 square feet free- standing studio to be built at 61 Center Street, Nantucket. 2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARTICULARITY, MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY WOULD EXCEED $25,000: Not Applicable 3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT. None SIGNATURE OF ATTO NEY OF RE R• INTIFF DATE .. DISPOSITION RECEIVED A. Judgment Entered 6. No Judgment Entered BY: ^ 1. Before jury trial or non-jury hearing ^ 6. Transferred to District DATE ^ 2. During jury trial or non-jury hearing Court under G.L. c.231, ^ 3. After jury verdict S.102C. DISPOSITION ENTERED ^ 4. Afte- court finding Disposition Date eY: ^ 5. After post trial motion DATE: ~~~tc00S6~91 CLERK fJ~tiGtSTRF-TE'S COPY BRUCE P. GILMORE ATTORNEY AT LAW 1170 ROUTE 6A WEST BARNSTABLE, MA 02668 (508> 362-8833 FAX: (508) 362-5344 Mailing Address P.O. BOX 714 WEST BARNSTABLE, MA 02668 January 6, 2000 Clerk's Office Town of Nantucket 16 Broad Street Nantucket, MA 02554 RE: Tuge U. Koseatac v. Nantucket Zoning Board of Appeals, Deborah Wasil, Colleen Traynor, Trustee Dear Sir/Madam: Pursuant to MGLA Chapter 40A, § 17, please be advised that Tuge Koseatac, through this office, has filed an appeal from the Nantucket Zoning Board of Appeals Decision 103-99 (Colleen Traynor, Trustee of Matin's Guest House Nominee Trust) with the Nantucket Superior Court on January 6, 2000. A copy of the Complaint as filed being herewith attached. Very truly yours, Bruce P. G ore cmr Enclosure TOWN CLERKSEOFFICE NANTUCKET, MA 02554 JAN 0 7 2000 TIME;,~~ e CLERK: ~; ~ ~ COMMONWEALTH OF MASSACHUSETTS NANTUCKET, SS. SUPERIOR COURT DOCKET NO. TUGE U. KOSEATAC, Plaintiff, v TOWN OF NANTUCKET ZONING BOARD OF APPEALS, WILLIAM P. HOURIHAN, DALE W. WAIVE, NANCY SEVRENS, EDWARD SANFORD and EDWARD MURPHY, as the duly appointed members thereof; COLLEEN TRAYNOR, TRUSTEE OF MARTIN'S GUEST HOUSE NOMINEE TRUST and DEBBIE WASIL, Defendants NOTICE PURSUANT TO CHAPTER 40A SECTION 17 Notice is hereby given to the Town Clerk of the Town of Chatham that the Plaintiff has caused to be filed this day a Complaint with Nantucket County Superior Court in the nature of an appeal under Chapter 40A, section 17 of the decision of the Nantucket Zoning Board of Appeals dated December 22, 1999 and filed with Town Clerk on December 21, 1999, a copy of which Complaint is attached hereto. Signed under the pains and penalties of perjury this ~ January, 2000 (~ , ~ ~rt,~Q,,, Bruce P. Gi 1170 Route 6A PO Box 714 West Barnstable, MA 02668 (508) 362-8833 BBO# 192940 COMivIONWEALTH OF MASSACHUSETTS NANTUCKET, SS. TUGE U. KOSEATAC, Plaintiff, v TOWN OF NANTUCKET ZONING BOARD OF APPEALS, WILLL~~1 P. HOURIHAN, DALE W. WAIN E, NANCY SEVRENS, EDWARD SANFORD and EDWARD I~fURPHY, as the duly appointed members thereof; COLLEEN TRAYNOR, TRUSTEE OF MARTIN'S GUEST HOUSE NOMINEE TRUST and DEBBIE WASIL, ) Defendants ) COMPLAINT A. Introduction SUPERIOR COURT DOCKET NO. This is an appeal under ~iGLA chapter 40 § 17 by Tuge Koseatac, an immediate and direct abutter to Debbie V~'asil, property owner and Colleen Traynor, Trustee of Martin's Guest House Nominee Trust, located at 61 Center Street, Nantucket, Nantucket County, Massachusetts from a decision of the Nantucket Zoning Board of Appeals No. 103-99 granting Wasil and Tra}-nor a special permit for the construction of a 352 square foot free-standing studio. A. Parties The Plaintiff, Tuge L'. Koseatac, (hereinafter referred to as "Koseatac") is the property owner of 2 Chester Street, Nantucket, Nantucket County, Massachusetts and operates the Ivy Lodge Guest House on the property. She is a direct abutter of the property listed at 61 Center Street, Nantucket, Nantucket Count<~, Massachusetts, owned by the Defendants Wasil and Traynor. 2. The Defendant, Town of Nantucket Zoning Board of Appeals, (hereinafter referred to as the "Board") is the duly appointed Zoning Board of Appeals in and for the Town of Nantucket charged inter alia with authority to hear and decide applications for variances and special permits under the provisions of General Laws Chapter 40A et. seq. 3. The individual defendants herein, are members or associate members of the Nantucket Zoning Board of Appeals, and their names and addresses are as follows: William P. Hourihan, Jr., PO Box 602, Nantucket, MA 02554; Dale W. Waine, PO 2726, Nantucket, MA 02554; Nancy Sevrens, PO Box 428, Nantucket, MA 02554; Edward Sanford, 3 Mill Street, Nantucket, MA 02554; Edward Murphy, 163 Orange Street, Nantucket, MA 02554 4. The Defendant Colleen Traynor, Trustee of Martin's Guest House Nominee Trust and Debbie Wasil, (hereinafter referred to as "Traynor/Wasil") are the property owner and/or operators of guest house located at 61 Center Street, Nantucket, Nantucket County, Massachusetts. C. Jurisdiction 5. This complaint is a zoning appeal, and such appeal is taken pursuant to the provisions of MGLA chapter 40A § 17. D. Facts 6. The Plaintiff Koseatac is the owner of real estate located at 2 Chester Street, Nantucket. The property is improved by a two story guest house and two story residential building currently under construction. 7. The property of Defendants Traynor and Wasil directly abuts the Plaintiff's property and currently apre-existing non-conforming 13 room guest house is being operated on this lot of approximately 10,210 square feet. 8. The Defendants Traynor and Wasil propose to construct a 352 square foot free-standing studio within five feet of the Plaintiff's property line. A copy of the plot plan showing the footprint of the existing guest house and proposed studio is attached hereto as Exhibit A. 9. The elevation of the Defendants' Taynor and Wasil property is higher than the Plaintiff's. As such the proposed construction will not only cause water to collect on the building, to drain onto the Plaintiff s property, but it will also serve to block light. In addition, it will exacerbate an already congested neighborhood as well as reducing the values of the surrounding properties. All of these concerns were made known to the Defendant Board on the issue of detrimental to the neighborhood. 10. The Board held a public hearing on November 12, 1999. On December 22, 1999 it rendered a decision granting the special permit with conditions. A copy of the decision is attached as Exhibit B. 11. For reason not apparent on the record, the decision is time stamped "Received Town Clerk's Office, Nantucket, MA 02554 December 21, 1999." 12. The Defendants Traynor and Wasil never sought nor attained a site plan approval as required by the Nantucket Zoning By-Law. E. Relief 13. The Plaintiff, Tuge U. Koseatac, claiming to be aggrieved by the action of the Nantucket ZBA in its decision 103-99, hereby takes this appeal therefrom. a. The Plaintiff states that the decision of the Nantucket ZBA exceeds the authority of the Board b. The Decision is based on legally untenable grounds and is otherwise arbitrary and capricious. c. The Decision of the Board that the new structure was not substantially more detrimental to the neighborhood is inconsistent with the facts introduced at the public hearing. d. The Board's decision did not make specification as to each and every element of a special permit as required by the by-laws. WHEREFORE, for any and all of the above-captioned reasons, the Plaintiff, Tuge U. Koseatac, respectfully requests this Court after hearing on the above appeal, find: a. That the Plaintiff is an aggrieved party, b. That the decision of the Nantucket ZBA 103-99 was in excess of its authority and/or was arbitrary and capricious, c. To take whatever other action is deemed just and appropriate, d. And praying that the Nantucket ZBA decision in Appeal 103-99 be totally annulled. Dated: January 6 , 2000 The Plaintiff, By her Attorney, ~~~~' Bruce P. Gi e 1170 Route 6A PO Box 714 West Barnstable, MA 02668 (508) 362-8833 BBO# 192940 L-.~ . ~ ,~•: ~, -- _ . `ft . '~. 3 - z o l ti/G Gdo„/.y R-~a~.r TiLrs r ~ ~~o~~~a~ ~_ 2~. L ~a-~`o _ t If~:~ .~ r~ v • ~ ~; v ~~ ~ ~~ t: ; ..r i +.:{. ~; ~: ~ ~ ~ - n ,~ o~ " ~ ~p~ ~ . - ~z. -/. ~ ,,,~ is's 1 fix. ~ 3 --~ 8 -- ti ~? ~ }'~'• Low./ G i ~ ~ ~ ~ ~ a a ~<<cy 1" M d J Q~ `^,rr rv m . ~ ~ y2. ~/. 3 - 4 y ~ .n ~ _. _.. Ct,sA~Er~f per. -. ~ Z / ~~ I~AY~ 3.1. 1999 ~ / ~ _:, _ J / 5~f ~ ~ .. (> ~` _ . `~ !-~ 4~1 ~ 1 / ~ ~ M~r / /. l i~p~r ' ll~ h'•~i~d/i ~f `y ~. 9 S ~/i'~E.T oF~ ~~~ (P G~ ~ . t~-i-s n ~X, ~~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December o~~19 99 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 103-99 Owner/Applicant: COLEEN TRAYNOR, TRUSTEE OF MARTIN S GUEST HOUSE NOMINEE TRUST, AND FOR. DEBBIE WASIL PROPERTY OWNER Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. ~`P, ~ William P. Hourihan Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMJT AND WILL EXPIRE ZF NOT ACTED UPON ACCORDING~TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 42.4.3 61 Center Street Parcel 67 Plan Book 3, Page 29 ROH Deed Ref. 567/285 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 12:00 P.M., Friday, November 12, 1999, in the Conference Room of the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of COLEEN TRAYNOR, TRUSTEE OF MARTIN'S GUEST HOUSE NOMINEE TRUST, AND FOR DEBBIE WASIL, PROPERTY OWNER, of 61 Center Street, Nantucket, MA 02554, Board of Appeals File No. 103-99, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-33A (alterations/expansion of a pre-existing nonconforming use/structure). Applicant proposes to construct a 352+ square-foot free-standing studio on the northeast corner of a 10,210± square-foot lot that contains a said to be pre-existing nonconforming 13-room guest house. There would be no increase in the guest house use and the studio would meet all dimensional zoning requirements. The Locus is nonconforming as to use, with the guest house use; and as to parking with there being no parking on site. See also BOA File No. 082-99. The Premises is located at 61 CENTER STREET, Assessor's Map 42.4.3, parcel 67, Plan Book 3, Page 29. The property is zoned Residential-Old-HIstoric. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the hearing. The Planning Board made a favorable recommendation. There was one (1) letter on file from Ms. Koseatac, the Appellant in BOA File No. 082-99 in which concerns were raised about issues not within the perview of the Board of Appeals, i.e., questioning the use of the proposed structure, siting, fire protection, construction methods, and flooding. Ms. koseatacx also spoke about her concerns at the public hearing also stating that she was not opposed to the concept of the studio itself. 3. Applicant represented that the new studio would not be used in conjunction with her guest house and would be solely for her personal use as a crafts workshop and private space guests would not have access to. There would be no habitation in the structure nor rental as guest quarters. In response to Ms. Koseatac's concern about the siting, Applicant represented that the structure would be sited outside the required 5-foot setback area and would not violate the ground cover requirements. There was a change in grade from the front of the property on Center Street to the rear and this was the only relatively level area of the Locus on which to site the 22+ foot structure. In response to Ms. Koseatac's concern about water runoff, Applicant agreed to install gutters ors the structure to direct the water away from the abutting property. 4. Therefore, the Board finds that there would be an expansion of the pre-existing nonconforming nature of the property with construction of a studio, but further finds that said expansion would not be substantially more detrimental to the neighborhood than the existing nonconformities, as the studio would not be used in conjunction with the guest house use. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning Bylaw §139-33A to expand the pre-existing nonconforming use on the property by construction a 352± square-foot 22'+ high studio as proposed upon the following conditions: a. The structure shall not be used for human habitation b. The structure shall not be used as guest rooms or rented separately from the other uses on the property and used solely by the manager or owner of the property; c. Gutters shall be installed upon the structure; d. There shall be no tub installed in the bathroom which shall consist of a maximum of a sink, toilet and shower; e. There shall be no exterior construction relative to this structure between May 15 and October 15 of any given year; and f. The structure shall be built in substantial conformance with Certificate of Appropriateness No. 34318, as may be amended, issued by the Historic District Commission. Dated: December o2,2-, 1999 r~ECEIVE® TOWN CLERK'S OFFICE NANTUCKET, MA 02554 DEC 21 1999 ~,SI -~'- CLERK:..~~ we ~~ .._- Wi ~a P. Houriha Dale W. Wain ~z NanJ y Sevr s ~% Edward Sanford ~~ Edward Nf ~rphy PLAINTIFF(S) DEFENDANTfS) Nantucket Zoning Board of Appeals, Colleen Tuge U. Koseatac Traynor, Trustee and Debbie Wasil ATTORNEY(S) FIRM NAME, ADDRESS AND TEL.) ATTORNEY(S~ fi' knownl Bruce P. Gilmore, Esquire ', 1170 Route 6A, PO Box 714 West Barnstable, MA 02668 508/362-8833 Board of Bar Overseers # (Required) 192940 ORIGIN CODE AND TRACK DESIGNATION Place an x in one box only: _ _ __ _ _ 1. F01 Original Complaint ~' r 4. F04 District Ct. Appeal c231. s. 97 (Xj ~, ~' 2. F02 Removal to Sup. Ct. c 231, s. 104 (F) r 5. F05 Reactivated after Rescript; Relief from ~'~ 3. F03 Retransfer to Sup. Ct. c 231. s. 102C (X) judgment/order (Mass. R Civ. P. 60 (X) J 6. E10 Summary process appeal (X) -~ TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side) CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE? C02 Zoning Appeal GL c. 40A (F) ~ Yes ~ No 1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Actions) The Plaintiff is appeal the decision of the Nantucket Zoning Board of Appeals relative to a special permit issued for the construction of a 352 square feet free- standing studio to be built at 61 Center Street, Nantucket. 2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARTICULARITY, MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY WOULD EXCEED $25,000: Not Applicable 3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT. None SIGNATURE OF ATTO N/ ~i EY OF RE R• INTIFF i DATE .. DISPOSITION RECEIVED A. Judgment Entered B. No Judgment Entered ~ eY ^ 1. Before jury trial or non-jury hearing ^ 6. Transferred to District DATE ^ 2. During jury trial or non-jury hearing Court under G.L. c.231, ^ 3. After jury verdict s.102C. DISPOSITION ENTERED ^ 4. Afte- court finding Disposition Date I aY ^ 5. After post trial motion ~ DATE: OCAJ6-mtc005~/91 CLERK N~GlSTR~TE S COF~ TOWN .4F NANTUCKET ZONING BOARD ~ OF APPE 37 WASHINCT4hT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE SU&228-7215 .FAX 50$-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS xill be held at 12.00 P M„ FRIDAY, NOVEMBER 12, 1999, IN THE CONFERENCE ROOK, TOidN ANNEX BIIILDING, 37 Washington Street, Nantucket. Massachusetts, on the Application of the folloxing; (NOTE THE EARLIER TIDE OF I2:OO P.M. DIIE TO THE LARGE NOMBER OF CASES BEING HEARD AND LIMITED MBETING SPACE, PLEASE CALL THE OFFICE AHEAD TO RECEIVE AN APPROXIMATE TIME A PARTICQLAR CASE MAY BE HEARD.) COLEEN TRAYNOR, TRUSTEE MARTIN'S GUEST HOUSE .NOMINEE TRUST, AND FOR DEBBIE WASIL, OWNER BOARD OF APPEALS FILE N0. 103-99 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-33A (alteration/expansion of a pre-existing nonconforming structure/use). Applicant proposes to construct a 352+ square-foot free-standing studio on the northeast corner of a 10,210+ square-foot lot that contains a said to be pre-existing 13-room guest house. There would be no increase in the guest house use-and the studio will meet all dimensional requirements. The-Locus is nonconforming as to use, with the guest house use; and as to parking with there being no parking on site. See also BOA File No. 082-99. The Premises is located at 61 CENTER STREET, Assessor's Map '~2.y.3, Parcel 67, Plan Book 3, Page 29. The property is zoned Residential-Old-Historic. ~' rt ~ r ~1 v c~ll~- William P. Hour h n, Jr., Chai n ,. THIS` NOTICE IS AVAILABLE ~IN LARGE P17I~T OR~ .OTHER - ALTERNATIVE FORMATS. FOR ASSISTANCE PLEASE ..CALL (508) 228-7215. . ~! >BoA Form 1-89 •Z'~,~ ', ' ... . owner's name(s): Mailing address: ~~ • .~ ~' ' Applicant's name • Mailing address: NANTUCKET ZONING BOARD OY ABPEALS D e TOWN AND COUNTY BUIY+pING NAN'~'ITCKET, MA 02554 CASE No. -~l. Location of lot: Assess~oor'& map and parcel numbe~`•o~„_`f,• ~'~ Cn ~ Street address : 1,~ i l C~n`~ f"-" ~p e-'~ Registry 'Land ~Ct 'Plan, $l~- 8 ®or Plan File S~ I,ot Data lot acquired: ~~~ Deed Re~~ ~/Zoning district Uses on lot - .commercial:' None •_ or MCD?(=, -number of: dwellings- duplex-, a artments,L rental rooms~„3 Building date(s): all pre-8/72? _~ or C of 0?_ Building Permit appl'n. Nos. ~S~/~. Case Nos. all BoA applications, lawsuits: Q~'-~9 State dullyy all toningg relief sou ht and respective Code sections and subsections, specifically what you propose cdmpared to present and~what grounds yyou urge for 8oA to make each finding per Section 139-32A it Var3.ance, 139-BOA i! a Special Permit '(and 139-33A if to alter or extend a nancon~'orming Liss). If ap sal per 139-3~A &-B._ , attach decision or orders appealed. OK to a~tach add g lad c~ ~ ~ 9' 331 `~~ c~.,o-~~lo Cow h r~m--.cv~~ yap, ~~-`~ . ~ ~' ~ ~~- Items enclosed as part of this Application: orderl addendum Locus map,- Site ylan_, showing present +planne3 structures 81oor plane presen$ proposs~t_ elaVatio s (HD~ppproved?_). Listings lot area ~rontags setbaoks G arking data-,,, Assessor-asrtiliec'fad4ressee• I~st 4 sets '"-'ma~l~ labels 2 sets,_ ~z0o tss payable to Town of Nantucket praq! cap' covenant (It an appeal, ask Toren Clerk•to ssn3-$lpdg Com s record to BoA:T I certify that the requested information submitted is substantially ~ ~r complete and true to the best of Amy knowledge, under the pains and penalties of rj ~ G!~-~~ J SIGNATURE: / Applicant (/ Attorney/agent 3(It not owner Qr owner's attorney, enclose proof of authority) FOR A OFFICE USE l ~,/ /] ~ ''~? ~/ cation co ies reed: 4 or for BoA on lQ ~JbY_~%~-~ l _ rl one copy tiled with Town Clerk on~~/,~bY_ ~/'.(L~d.~ cotpplete? ~ ~, one copy each to Planning Sd and Suildin Dept"/'/~G~"~~bY S2o0 fee check giyeri Town Treasurer on,_, bY~!i~=ALL waived?- - Hearing notice poste~,~/,~ mailed~~/~ I b M~ ~,~ ~/~.~~ Hearing(s) on_/~_•, cont'~~ to,_/~_, ~~._ withdrawn?,~~_ Decision due by~,_/_ made~~,_ tiled TC~~_., mailed,,,J,~_ See related cases ~ lawsuits ~ other x ~ c ... ,S . .. ~ ~ - .. I zp ~qW o ~..1 2rA,.rj. T/L /s T 54v ,.i~ ,.,.vr ~ ~: ~ n,,,"r+ •~ ~,:~ I .,~~ ~~ i ~ .; - ,. .,~ ~ ~~ ~ ~~ ~ - ~ ~ 3 yz. ~I.3 - 6G (~ ~ ,~ cats /r- oar ~. y ~ ~~~ ~ 50 ~ ~~v~'j0 ~ 5~2 . X13 - ~ 8 ~ .v/r ivtiaoQE,> _. , ~ ~ ~d ,re~r~ ~. ~ ~ ~ k ~. that n~ ~, n//~ AafR.~a E. 3 ". ~, a~ ~ F,r ~~~]~y0~,6ti Y' S~~l'~ Fc , saAErrl p~ • ` / Y ~ ~ J~ w""- ..,~,rritS ~-. ;ts .. ~~ tl~ ~ var. l 1 ._~ ,, , .. ~. x,~, _ ,, . ~ ~~ w~ 17 V -; ~- ~G'f I / - . 'a ~~ ~ - ; ~ ~,,cn- _ i- ~ P'' L '~', L ~ ~ of GE ~ ` ~~ ,i .` , ~.z,~,3-zo ~~C G2o~../n/ 2r,q~rl Tiz~s r h i y,.,..~rY''~'' ~.: 0 V ~~ yz • ~. 3 - GG ~ ~ ~ ~ N/F MA L N~ r/ y ~ ~ 3. Y. ~ ~ , • 1r 5~''~ )~ ~~ ' ~ 1 ,Y p ~~ J ~ ~ `n td GAL . yz. y. 3 - ~ s' ~ m ~ n/~~ A~.G2F_D E. ~ h EL ! 5 A~ E•rN /3 . ~ /Kvn/~6~2 ~•- J ~ ~/ l ~ 5 ~ ~ rs `i W ~ ~ Lu ~, ~ ~~ Nt.iL R• v ~ s G ,`^ ~~ ~~lfcENtdQ' S~ Q p/j,Ll~ N /F A~v~/ • /K , wAS~Ek ~A ti/ i ~~ G~~S ro ~~ _ ~. of ~z.~3-Gs ~'J W• Lo~/G ~~ M ~ m .~ ~ •~ i `~7 ~ o ~~ i 9~ J ~p ~. ~ r •`, 0 'y l''iY ~ /O _ ~ {~ . 1 \~ .i `, ., 83 95 • 5~~~'~T / .` vw G' ~ ~ R- l P G~ ~ CURRENT ZONING: .<', o. H, •~='°` .: , ~ , , MINIMUM LOT SIZE: Sooo r.F •~ ; •~ k1,'':~. , MINIMUM FRONTAGE: ,io cr '" •~ ~ ~'• • ~" ` ' FRONTYARD SETBACK N ~~ '~~~~ '` ~~` ~~ '•'' MORTGAGE INSPECTION PLAN •` • - o : ~, , , . ~. Ql,M SIDE AND REAR SETBACK:. ~ Fr ' ~ ' ~~, - ~ ~" ; - ) J, '`r ~ . :. ,. ; ALLOWABLE G.C.R.: So /o • :ti+,~ NANTUCKET, MASSACHUSETTS { EXISTING G.C.R.: Z,~! ~, +- .; / ~~ . SCALE: / ",: 20 ~ DATE: iKA~QC// 26 ~ 99/ ~, FOR PROPERTY. UNE DETERMINATION THIS PLOT PLAN~~~ ` RELI , DEED REFERENCE: ~K 222/63 ES ON CURRENT,DEEDS AND PLANS OF RECORD, ' VERIFIED• 8Y FIELD MEASUREMENTS AS SHOWN PLAN REFERENCE: aL.aiL 3/ 29 ' HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE ASSESSOR S REFERENCE: EXAMINATION OR A RETRACEMENT SURVEY, MAP: X12. y. 3 PARCEL: ~ 7 I HEREBY CERTIFY 'f0 THE BEST OF MY KNOWLEDGE THAT THE PREMISES SHOWN PREPARED FOR: T. G,y,ti,.~,~ ~,u G /H vo/LG ON THIS PLAN ARE LOCATED WITHIN THE'G'' ZONE AS DELINEATED ON THE FIRM' MAP OF COMMUNITY N0. 250230; MASS. EFFECTIVE: 6-3-86 BY THE FEDERAL NANTUCKET SURVEYORS • INC. r~MERGENCY MANAGEMENT AGENCY 5 WINDY WAY . N.B. /35~ ~ NANTUCKET, MA. 02554 N-~ 8~0 r{. ~t tr' i W N.. W U a a o JQ W Z O 0 o O ~~~. a x ~~q~. Z a u . ~~ ~~ ~~~ ~~o 4 }. N ~~~ ~ V U Z d O w H Z W H a w 0 ~ ~_ ~' w w a H w a o ,~ J :~ ~ ~ z ~~o 0 P4 ~ ~ w a~ ~ ~ a i O COQ .. J uZ = ~ ~' ~ w z ~ o Q o = w ~ X W ~ ® ~. ~ U O ~ o ~ :~ ~ d ~ ~ w cn °- ~ O ~ W Z . ~-- a (~ Z O J m 0=0~. ~ ~ Z Q 0 U a ~.~ u~ aWao ~' U ~a?z ~~oo OwZ= ~~wW Roza w~z~ z ~N~ Z 0 0 Q ~ O~Ca~V Q ~=0c~i~ O~F-a UO=W Q Z t- ~ ~ ~ Z ~ ~ O Q ~~UY a~~~ Q cnWOQ F=-O~"Z ZZZO Z .aF-.~~o Vmw1- U ~W Q = ~ ~ Z 1-_ w z .0... .U - ~ ? z ~ Q a~Zo 0' J = Z ,~ ` ~ F-OOm wo. ~U a }~ z O? ~Q. o~c oc a0 ~~ a HQ of z~ °C m ww ~ ~"' O~ a~ ~z Q 00 ww ~ Z ~~ wz m w Jm ~~ U2 az O UU Ow a OZ W p ~V ~~ C~ ~- w w °C U.J Q' Q oYC a w OZ ~O ~ w ~' ~ _~ W F- n. ~ ~o a wU W c=n o H ~ Z u. ~ O w0 V a z ~' oZ a wp ~ v >I O O Z V ~w ~o Z z °- v ~p Q cO Z Z ~ ~ W aOw ~, >pJ wva o. Ow~ ~ ~U O U~Q mva m .Q O} ~ =cZi~z I- _ ~ ~ ,.o~ww .-.~ wa~cn U Q = W Q. _ F- n. ~ }- Z U Z Q a U U 0 0 W Q U w U f: -, ~t~L~UU~ ti REC ~~~~~ APPL CA ION WIL ~_.~.~ ~ ~D E~' UIIDING Di. ~. BUILDING APPLICATION NUMBER DEE 'D~~At~~PT ate ~ APPLICATION FOR •REVI PLAN EXAMINATION ANO . INSPECTOR. ` Y sUILD1Na PERMIT IM,P•O,RTANT - Ap nt to compl~t~ all It~m~ In Sactlons: 1,2,3,4, and S OWNERS NAME:~11, p~~~bbit° ~' Last First Middle Initial , y i, ~ LOCATION L21 C~Gt't-~P~ ~T-. ~ t~-k~~._ OF No. Street village BUILDING N2 ~ . ~ Assessor's Map No. Assessor's Parcel No. 2. TYPE AND COST OF BUILDING -All applicants complete Parts A-D A. TYPE OF IMPROVEMENT ^ New Building ^ Addition (If residential, enter number of new housing units added, if any, in Part D, 13) O Alteration (See 2 above) ^ Repair, replacement ODemolition (If multifamily residential, enter number of units in building in Part D, 13) ^ Moving (relocation) ^ Foundation only 8. OWNERSHIP ^ Private (individual, corporation, nonprofit institution, etc.) ^ Public (Federal, State, or local government) D. PROPOSED USE - (For "Demolition" most recent use) Residential Detail scope of work by floor 8 prowde the ^ One Family square footage. ^ Two or more family -Enter number of untils ^ Transient Hotel, Motel or dormitory; or INTERVAL OWNERSHIP -enter number of units ^ Garage ^ Carport Other -Specify t Dimensions of Additional Structures: Garage: Accessory Bldg. Swimming Pool: Other: C. COST Cost of: a. Structure - ~ $ b. Electrical c. Plumbing d. Heating e. Other TOTAL COST OF IMPROVEMENT BUILDING INSPECTOR'S ESTIMATE For new buildings and additions, complete Parts E-N for Demolition, complete only Part 1., for all others skip to 4. 3. SELECTED CHARACTERISTICS OF BUILDING F. PRINCIPLE TYPE OF FRAME ^ Masonry (wall bearing) 'Wood frame ^ Structural steel ^Aeinforced. concrete ^ Other -Specify G. PRINCIPLE TYPE OF .HEATING. . O Gas ^ Oif ^ Electricity ^ Coal ^ Other -Specify H. TYPE OF SEWAGE DISPOSAL Q Public or private company ^ Private (septic tank, etc.) omit cents E. DIMENSIONS Dimensions (New) of b - Dwelling or Addition: No. of Stories: First Floor Area: ~^ ~- ~-~ Second Floor Area: Third Floor Area: Total Floor Area: Full Cellar Area: 1. TYPE OF WATER SUPPLY ~ Public or private company ^ Private (well, cistern) J..SPECIAL CHARACTERISTICS ^ Air Conditioning ^ Heat Pump ^ Centrah Vacuum - ^ Other K. ACCESSORY HEAT SOURCE No. of fireplaces No. of Wood Stoves No. of Coal Stoves Solar Collector .Other; L. SMOKE DETECTORS No. of Dectectora Type (Battery or AC) See Plan for Location M. RESIDENTIAL BUILDINGS ONLY Number of Bedrooms Number of Bathrooms Full Partial ., , . RECEII~E~ BDARD OFgSSESSGt `, ~` f::: •SEP 1 ~0 1999 . TOWN OF • NANTUCKET, ~,~ ' . .TOWN, OF NANTUCKET • ZONING BOARD OF APPEALS LIST OF PARTIES M MTEREST IN THE MATTER OF THE PETITION OF PROPERTY OWNER:.........~c~l:?......~r. .~.4~.,....1 {.~?~........ MAILING ADDRESS:........ ........ .. .. PROPERTY LOCATION:.....~.~............~~2f.1?}~.1......~ ....:.............................. ASSESSORS MAP/PARC L:......y.~y.~..~......~:-~ ........... ......................... .., ~/ SUBMITTED BY:....... ~. .. .............1,:.'PJ..~.~.f.:l~ll`.1: ........ a a$- ~ ~ ~ ~ SEE ATTACHED PAGES I certify that the foregoing is a list of persons who arc o~mers of abutting property, o~~ners of land directly opposite on any public or private street or ~vay; and abutters of the abutters and all ocher land o~~ners ~~•ithin three hundred feet of the property line of owner's property, all as they appear on the most recent applicable tai: list. (M.G.L. c. 90.A, Section 1 l Zoning Code Chapter ; 39. Section 139-29D (2) ). .......... 9 . ~,3...g. g............ ....~.~7.t~.~.... . DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET .. ~ 09/14/99 ~ TOWN OF NANTUCKET ~ 12:'07:47 OWNER'S-.MAILING ADDRESS-LIST Map Block Lot OWner's/Co-Ouner's Name Mailing Address/City State Zip Property. Location 4244 0059 CLIFF LODGE LLC 9 CLIFF.RD: 0009 CLIFF, RD NANTUCKET MA 02554 4244 00591 LITTLE JOHN N & WITTENBERG 158 WOODLAND STREET 0007 CLIFF RD NANCY S TRUSTEES SHERBORN MA 01770 4244 0019 LITTLE ELIZABETH D 0037 CONANT RD 0004 NORTH AV RR 3 LINCOLN MA 01773 4244 0060 HALL CAROLYN R TRUSTEES 57 PARKER STREET 0005 CLIFF RD . ROSECLIFF REALTY TRUST NEWTON CENTER MA 02459 4244 0020 CLIFF ROAD CORPORATION PO BOX 6668 0003 CLIFF RD C/0 WEEDON ELIZABETH CHARLOTTESVILLE VA 22906 4244 0021 BOWMAN BARBARA MAY TRUSTEE PO BOX 628 0089 EASTON ST NANTUCKET MA 02554 4244 0018 *GARBER MARJORIE & JOHNSON 8 PO BOX 4874 0005 NORTH AV C\0 TEMPLE-INLAND MORTGAGE CO. HOUSTON TX 77210-4874 4244 0022 MARCO WILLIAM P & JOAN 0019 REVERE LN 0006 CLIFF RD GLASTONBURY CT 06033 4244 0024 KARTTUNEN FRANCES 67 N CENTRE ST 0067 CENTER ST NANTUCKET MA 02554 4242 0001 NANTUCKET ISLAND RESORTS LLC ONE WELLS AVE 0029 N WATER ST C/0 NEW ENGLAND DEVELOPMENT NEWTON MA 02459 4242 00021 DOUCETTE SHARON BENSON & 35 MAIN STREET 0025 N WATER ST WEINMAN RHODA H TRS NANTUCKET MA 02554 4242 0002~NANTUCKET ISLAND RESORTS LLC ONE WELLS AVE 025R N WATER ST ' ` C/0 NEW ENGLAND DEVELOPMENT NEWTON MA 02159 4242 0100 BUTTERWORTH GEORGE P & KATHLEE 0023 N WATER ST 0023 N WATER ST NANTUCKET MA 02554 4242 0047 ERNST NANCY S 22 NORTH WATER ST 0022 N WATER ST NANTUCKET MA 02554 4242 0046 DAVIS ERNEST R & JOHN E TRS PO BOX 1267 0020 N WATER ST CRANBERRY HOUSE R E NOM TRUST NANTUCKET MA 02554 ~k2 fT-t1A'"0255"~- 4243 0024 STORER ALIDA L & RICHARD E 16 CANTERBURY DR 0024 N WATER ST GEORGETOWN MA 01833 PO BOX 559 0518 CENTER ST 4243 0026 BAYBUT JOHN A NEW CASTLE NH 03854 4243 0027 ROE K KEITH & ELIZABETH E 0005 WYCKAM HILL LN 0051 CENTER ST GREENWICH CT 06831 4243 0028 LOVELL BEATRICE S PO BOX 1828 0049 CENTER ST NANTUCKET MA 02554 4243 0025 VANWAVEREN JEAN M PO BOX 1890 0053 CENTER ST C/0 BANK OF BOSTON BOSTON MA 02105 4243 0072 LYNCH JOHN G & SANDRA S 0500 E BALDWIN ST 0055 CENTER ST HACKETTSTOWN NJ 07840 4243 003 CONWAY PETER C TR 0058 WASHINGTON ST' ~ 0026 N WATER ST PEMISU REALTY TRUST MARBLEHEAD MA 01945 4243 0022 NORKIN JUDITH S & JEFFREY R TR 16 DAYTON RD 0028 N WATER ST WEST REDDING CT 06896 4243. ~ 002Q KOSEATAC TUGE U ., Q002 CHESTER,ST. .. 0002 CHESTER ST NANTUCKET MA 02554 4243 0068 LONG MILDRED W ETAL 549 HIGFF ST 0059 CENTER ST C/O. CAROL A WESTFALL WOODBURY NJ 08096 . PAGE ~ .1 MUAS750 9..2 PAGE 2 ' ~ TOWN OF NANTUCKET ~ MUAS750 9.2 09/14/9,9 OWNER'S MAILING. ADDRESS LIST.. .,. 12.07.47 ' Address/City State Zip Mailing Property Location Map Block s Name Lot Owner's/Co-Owner . 0070 *VACLETT'CHRISTOPHER J ETAL 14 .SAS D 0057 CENTER ST 4243 MA 02554 NANTUCKET Y S & ELLEN K 29 APPLETON ROAD 0004 CHESTER ST 4243 0066 YOUNG HARVE NANTUCKET MA 02554 PO BOX 178 ~ 0005 CHESTER ST 4243 0017 ABBOTT COLLETTE.M & YANKTON SD 57078 ZYLSTRA KARA M 0006 CHESTER ST 4243 0065 MUNIER QUENTIN B TRUSTEE . 20 BEARDSLEY LN HUNTINGTON NY 11743 0064 WASIL DEBORAH A TRUSTEE 61 CENTER ST 0008 CHESTER ST 4243 NANTUCKET MA 02554-3666 0064 CENTER ST 4243 0074 FIRST CONGREGATIONAL CHURCH BOX BN ANTUCKET MA 02554 PO BOX 387 0066 CENTER ST 4243 0073 GALAS CHARLES L & ANN G NANTUCKET MA 02554 0102 WIGHT EDWARD I & RANDALL C 5708 GB R 0068 CENTER ST 4243 MD 21210 ALTIMORE PO BoX 1637 0035 LILY ST 4243 0103 GILLESPIE LEE D PROVIDENCE RI 02901-1637 PIS-RI/MO/M91B 0031 LILY ST 4243 0104 *BISCHOF ELEANOR CONSTANCE TRS 29 BRI BARRINGTON IL 60010 5~FIRST CONGREGATIONAL CHURCH 007 BOX 86 0062 CENTER ST 4243 , NANTUCKET MA 02554 32 LILY STREET 0032 LILY ST 4243 0040 LAWRENCE JOANNE T NANTUCKET MA 02554 4243 0092- TOWNSEND VIRGINIA & JAMES TRST 2193 E 0028 LILY ST C/0 TOWNSEND ROCNESTER NY 14610 4243 0093 PACK FAMILY PROPERTIES LLC 224 JOPPA HILL RD 0036 LILY ST C/O TOWNSEND BEDFORD NH 03110 0094 PACK FAMILY PROPERTIES LLC 224 JOPPA HILL RD 0368 LILY ST 4243 ~/` BEDFORD NH 03110 C/0 TOWNSEND EST 580 IN S R 0008 GULL ISLAND LN 4243 0095 HARTWELL FREDERICK C LIFE 03847-0052 NH KEARSARGE PO BOX 17 0006 GULL ISLAND LN 4243 0061 CAVANDER SASHA NANTUCKET MA 02554 4243 0062 PETUMENOS DOROTHY M LIFE EST PO BOX A 0082 CENTER ST N NTUCKET MA 02554 45 SPARKS AVE 0080 CENTER ST 4243 0063 SIGNET HOLDINGS LLC NANTUCKET MA 02554 0098 HEAP FREDERIC F & SHEILA A PO BOX 262 0078 CENTER ST 4243 NANTUCKET MA 02554 0096 LOWY THOMAS P & BETH 0300 CENTRAL PARK W 0040 LILY ST 4243 NEW YORK NY 10024 0014 DUTTON GARDINER S & CATHERINE PO BOX 0003 W CHESTER ST 4243 DUTTON FAMILY TRUST NANTUCKET MA 02554 W CHESTER. ST 0001 4243 00152 MILLER DENNIS & CHRISTINE 0 C 1535 28TH ST NW . WASHINGTON DC 20007 00151 SCRAPPER SHIRLEE-ANN & 0046 TUMBLE BROOK RD 0002 WYERS LN 4243 WOODBRIDGE CT 06521 LAWRENCE TRS 1433 0065 CENTER ST • 4243 0016 $RETSCHNEIDER.VIRGINIA• R & .... .. PO.BOX ..... .. ~. BRETSCHNEIDER RICHARD TRUSTEE NANTUCKET MA 02554 ST '& PO BOX 178 0005 CHESTER 4243 0017 ABBOTT COLLETTE M YANKTON SD 57078 ZYLSTRA KARA M PAGE 1 TOWN OF NANTUCKET.... 09/14/?Q ~ OWNER'S MAILING ADDRESS LIST MUAS750 9.2 ' 12:49:37 ' Mailing Address/City State Zip Pr operty Location Map Block Lbt s Name Owner's/Co-Owner 4243 0018 *FEATHERSTONHAUGH JAMES.D TRS 0099 ,PINE ST,STE 207 .0001 CHESTER „ ST ... ALBANY NY 12207 4243 0019 TAYLOR JAMES JARED & ANNE M 7705 BRILL RD 0002 CLIFF RD CINCINNATI OH 45243 F TR 0070 CENTER ST 0072 CENTER ST ' 4243 0100 MCAULEY THOMAS MCAULEY NOMINEE TRUST NANTUCKET .MA 02554 4243 A ~ 01011Y MCAULEY THOMAS F TR 0070 CENTER ST - 0070 CENTER ST VVV ~~~ MCAULEY NOMINEE TRUST NANTUCKET MA 02554 4243 00991 KITMITTO BEVERLY M ETAL TRUTS 100 CHURCH ST 8TH FLOOR 0074 CENTER ST C/0 BANK OF NY TRUST DEPT NEW YORK NY 10286 4243 00992 VALLETT MELINDA S TRUSTEE 14 SESAPANA ROAD 0768 CENTER ST LILY PAD NOMINEE TRUST NANTUCKET MA 02554 BOX 432 0748 CENTER ST 4243 00993 KNIGHT R W & CAROL Z HALIFAX PA 17032 10 MITCHELL PLACE 0760 CENTER ST 4243 00994 WALLACE WENDY L NEW YORK NY 10017 4243 00995 WASSERMAN ANN MARCIA PO BOX 456 074R CENTER ST NANTUCKET MA 02554 4243 00996 BURNS JOHN M & USHA N 27 LAKEVIEW AVE 076A CENTER ST NEW CANAAN CT 06840 NUMBER OF RECORDS = 10 6 / -lv ~~ ,~o~r~