HomeMy WebLinkAbout075-98\
McGREGOR & ASSOCIATES
. - ATTORNEYS AT LAW, P.C. .
60 TEMPLE PLACE -SUITE 410
BOSTON, MASSACHUSETTS 02111
- (617) 338-6464
FAX (617) 338-0737
GREGOR L McGREGOR
E-mail: gmcgregor@mcgregorshea.com
(617) 338-6464 ext. 23
July 10, 1998
Paul S. Jensen, Esq.
Administrator
Nantucket Zoning Board of Appeals
37 Washington Street
Nantucket, MA 02554
RE: Notice of Appeal of Building Permits #630-98 and #631-98
Our Client No. 1918/Ms. Marion Morton.
Dear Mr. Jensen:
Pursuant to G.L. c. 40A, § § 8 and 15, and Nantucket Code § 136-29E, please find
enclosed a copy of the Notice of Appeal Notice of Appeal of Building Permits #630-98 and
#631-98 as filed with the Town Clerk.
Thank you for your attention to this matter
Sincerely,
C G~'~
Gregor .McGregor
Enclosure
M:\ W PDOCS 1918\LTR-~ W 2.duc
Printed on recycled paper.
McGREGOR & ASSOCIATES
AT7'ORNL•YS AT LAW, P.C.
GO TEMPLE PLACE -SUITE 410
BOSTON, MASSACHUSETTS 02111
(617) 338-6464
FAX (617) 338-0737
3
July 9, 1998
HAND DELIVERED
GREGOR 1. McGREGOR
(617) 338-6464 ext. 23
Rebecca Lohmann Dale W. Waine, Chair
Nantucket Town Clerk Nantucket Zoning Board of Appeals
16 Broad Street 37 Washington Street
Nantucket, MA 02554 Nantucket, MA 02554
RE: Notice of Appeal of Building Permits #630-98 and #631-98
Our Client No. 1918/Ms. Marion Morton
Dear Ms. Lohmann and Mr. Waine:
On behalf of our client, Ms. Marion Morton, we hereby appeal building permits #630-
98 and #631-98 issued by the Town of Nantucket Building Inspector on June 11, 1998 to the
S/J Wauwinet Trust ("Trust") to conduct work at 120 Wauwinet Road in Nantucket at the
Wauwinet Inn ("Inn"). We believe that one or both of these permits are for two sheds on the
east side of the Inn's cottage known as "Anchorage" and for which work has already
commenced. We also challenge the deck on the north side of the cottage which may have been
built under the color of one or both of the building permits.l~2 The building permits are so
vague that it is difficult to ascertain what work is permitted.
We file this appeal pursuant to and within the time permitted by the Nantucket Code §
136-29E and the Massachusetts Zoning Act, G.L. c. 40A, §§ 8 and 15. The Nantucket Zoning
We respectfully invite the Building Inspector to send us copies of the building permits for this deck on
Anchorage and show that this deck complies with the Building Code and Nantucket Zoning Bylaws.
z We will be inquiring separately of the Nantucket Historic District Commission and the Nantucket Conservation
Commission if they have issued approvals for the deck or sheds on Anchorage.
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McGREGOR & ASSOCIATES
2
bylaws were violated when the Building Inspector issued these permits without the required
approval or documentation from the Nantucket Historic District Commission and the
Nantucket Conservation Commiss$on.
Ms. Morton is the owner of property at 21 Crows Nest Way, on which is located a
home known as Captain's Quarters, and at 117-R Wauwinet Road, on which is located a home
known as Morgan. Both properties are located in the village of Wauwinet near or adjacent to
the Wauwinet Inn's property. Ms. Morton's mailing address is 6463 Cecil Avenue, Clayton,
Missouri, 63105.
The Zoning Bylaw requires that to apply for a building permit,. an applicant must
demonstrate that the Historic District Commission has reviewed and approved the proposed
project. The Historic District Commission's enabling act prohibits the issuance of any
building permit without an applicant having first obtained from the Nantucket Historic
Commission a Certificate of Appropriateness or Certificate of Nonapplicability. Ch. 395 of
the Acts of 1970, as amended, Section 5. This is to ensure that the Historic Commission has
reviewed the exterior architectural features of the proposed building or structure. As the
entire Island of Nantucket comprises the Nantucket Historic District, the Historic District
Commission has jurisdiction over existing and proposed buildings or structures in the village of
Wauwinet. The Historic District Commission's guidelines for Wauwinet call for "harmony of
exterior elements such as porches and decks" with a building's natural and informal beach
setting. "Building With Nantucket In Mind",page 96.
The Zoning Bylaw also requires that a building permit applicant demonstrate that the
Nantucket Conservation Commission has reviewed and approved the proposed project, if
within the Conservation Commission's jurisdiction.
The sheds for which the building permits were issued more than likely are within the
jurisdiction of the Conservation Commission under the Wetlands Protection Act. Inn expansion
plans prepared by the Trust itself in 1997 indicate that the sheds and deck are within the 100-
foot "Buffer Zone" of several wetland resource areas. Furthermore, in late 1997 or early
1998 the Conservation Commission asserted jurisdiction and fined the Trust for cutting
vegetation alongside the very building to which the sheds and deck are attached.
Section 139-26C states that an application for a building permit shall be accompanied
by, if applicable: (1) a Certificate of Appropriateness issued by the Nantucket Historic District
Commission pursuant to Ch. 395, Acts of 1970, as amended; and (2) an Order of Conditions
issued by the Nantucket Conservation Commission pursuant to the Wetlands Protection Act.
Section 139-26D provides that upon receiving the building permit application, "the
Building Inspector shall examine the same within a reasonable time after filing. If the
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McGREGOR & ASSOCIATES
3
application does not conform to the provisions of all pertinent local laws, he shall reject such
application in writing, stating the reasons therefor, within thirty (30) days of the submission of
a complete application." ;
Furthermore, Section 139-26A of the Nantucket Zoning Code provides that the
Building Inspector shall not issue a building permit ". .until such construction, erection,
relocation, addition, alteration, demolition or use, as proposed, shall comply in all respects
with the provisions of the Zoning Bylaw ...."
The Building Inspector violated the provisions of the Zoning Bylaw by issuing these
two building permits without obtaining the required Certificate of Appropriateness from the
Nantucket Historic District Commission or Order of Conditions from the Nantucket
Conservation Commission.
It is doubtful whether the sheds for which the building permits have been issued, in
their current configuration, design, and exterior architectural features, would be approved by
either the Historic District Commission or the Conservation Commission.
The Historic District Commission unlikely would approve of unfinished or unshingled
area which are open to plain view from a traveled way. For example, the appendage on the
north side of Anchorage, which may be intended to act as a screening wall, is shingled on one
side and unfinished plywood on the other (please see attached copies of four photograph taken
by our client during the second or third week of June, 1998).
The Conservation Commission unlikely would approve the significant adverse impacts
to wetlands resource areas during construction and use of these sheds and adjoining deck. As
the deck adjoining one of the sheds currently lacks a roof, there is the potential for stormwater
to wash into wetland resource areas the paints, solvents, lubricants, and other hazardous or
waste materials sometimes stored in these locations along with other runoff or residue from
supplies and equipment (again, please see attached photographs).
We ask that the Zoning Board of Appeals revoke the improperly issued building
permits, without prejudice to the Trust to reapply only after the Trust has obtained a Certificate
of Appropriateness from the Historic District Commission and an Order of Conditions or other
permission from the Conservation Commission.
When and if the Historic District Commission and the Conservation Commission may
approve the sheds or deck, properly following the procedures described in this appeal, we
reserve the right to challenge the legality of the sheds or deck under the State Building Code
and the use of the sheds or deck under the Nantucket Zoning Bylaw, depending on the final
design, construction, and uses to which the sheds or decks are put.
Printed on « cycled paper.
McGREGOR & ASSOCIATES
Thank you for your consideration.
Sincerely, ,,
~ ~~,.~ . , ~`~~~ ~ - .tom
Grego~cGregor ~.
Enclosure
cc: Nantucket Building Inspector
Nantucket Conservation Commission
Nantucket Historic District Commission
Nantucket Board of Selectmen
RECEIVED
TOWN CLERK'S OFFICE
NANTI. ~r.~~- ~"^ X2554
JUL 1 0 1998
TIME: i 1 :O'7 cam. r~ .
CLERK:
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Printed on recycled paper.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the Nantucket Zoning Board of Appeals will
be held at 1:00 P.M., FRIDAY, AUGUST 14, 1998, in the CONFERENCE ROOM,
TOWN ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts,
on the Application of the following:
MARION MORTON
BOARD OF APPEALS FILE N0. 075-98
Applicant is APPEALING a decision of the Building Commissioner
under Nantucket Zoning By-Law §139-31, to issue Building Permits Nos.
630-98 and 631-98 to S/J Wauwinet Trust. Said Permits were issued to
conduct work at 120 Wauwinet Road. Applicant states that the Permits
permitting the work on certain shed structures and a deck were issued
without a prior grant of a Certificate of Appropriateness by the
Historic District Commission or issuance of an Order from the
Conservation Commission or relief from this Board. Applicant further
states that the sheds and deck were constructed prior to said issuance
of the Building Permits in question.
The Premises is located at 115 and 120 WAUWINET ROAD, Assessor's
Map 11, Parcel 17 and Map 12, Parcels 46 and 47, Land Court Plans Nos.
15598-A, Lot B, 15961-D, Lot 32 and 15961-K, Lot 56. The property is
zoned Residential-1.
~~
C.CJ"
Dale W. Waine, Chai an
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR CQTHCR
AL`fFRNATIVE FORMATS. FOR ASSISTANCE LALL
_ (50~~ ~~=721 ~. J--- - - -, --- - - -- _ -._-_. _ .- - -. _ _~
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BoA Form 1-89 NANTIICKET ZONING BOARD OF APPEALS
• TOWN AND COIINTY BIIILDINC3r • Date
•NANTIICRET~ MA 02554 ~~,, ((''~
CASE No.VI/-
• APPLICATION FOR RELIEF
owner's name(s) : Wauwinet Inn, LLC '
Mailing address: _c/o New England Development 'One Wells Avenue Newton MA 02159
Applicant's name: Marion Morton
Mailing address: ~/o McGregor ~ Associates. 60 Temple Place Suite 410 Boston, MA 02111
Location of lot: Ass•essor's map and parcel number 12 _ 46
Street address: X20 Wauwinet Road
Certificate of Title 18,413
Registry Land Ct Plan, Plan Bk & Pgg or Plan File Lot
loc. 080614
Date lot acquired: ~l0 98 Deed Ref ~,_ Zoning district
Uses on lot - commercial: None - or Eote1, Restaurant MCD?
- number of: dwellings- duplex- apartments •rental rooms-
Building date(s): all pre-8/72? or C of 0?_
Building Permit appl'•n. Nos. 631-98, 630-98
Case Nos. all BoA applications, lawsuits:
State fully all zoning relief sought and respective•COde sections
and subsections, specifically what you propose compared to present
and what grounds Xou urge for BoA to make each finding per Section
139-32A if Variance, 139-30A if a Special Permit•(;znd.l39-33A
iE to alter or•~•extend •a nonconforming use) .' If appeal per 139-3~A
& B x , attach decision or order appealed. OK to attach addendum .
• Please see Notiee of Appeal attached hereto:
. ~ .
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I Ttems enclosed as part of this Application: orderl addendum2 "
Locus map x Site plan x showing present +planne~ "structures
Floor plans present proposed elevations (HDC-approved?_)
• Listings lot area frontage setbacks GCR parking data •
Assessor-certifie3 addressee T'ist 4 sets x ma~.ling label 2 sets~_
200 fee payabl.e._.to_.~awn •~oP Nan.tucket • x proof •• ~' cap' C~~7'enant
• (If an appeal, ask Town Clerk to sen3 Bldg Comr'rs record to BoA~
I certify that the requested information submitted is substantially
complete and ue.to the bestVof my knowledge, under the•~ains and
peYSalties of perjury. •' • •°
SIGNATURE: ~ Applicant _ Attorney/agent
3 William F. nter for Gregor McGregor, Attorney for Horton
(If not owner or per's attorney, enclose proof of authority)
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FOR Bo OFFICE USU
•-• ~--'
Application copies recd: 4 or_-7Po Bo.
One copy filed with Town Clerk on /A~~
One copy each to Planning.Bd and Bu
by C/
$200 Pee check given T~owrrer on b~~/ ~~~ f,~~a'ived?_
Hearing notice posted--,t'~ ~ mailed I & M~ 11~ ~~~
Hearing (s) on_/_/_ cont' d to_/_/_, ~~_ withdrawn?_/~_
Decision due by_/_/_ made~~_ filed. TC~_/_ mailed~f~_
See related cases
lawsuits other
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RECEIVE ' `.' i ` _ .
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APPLICA l
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~' BUILDING APPLICATION NUMBER
DEEMED. __._
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REVIEWED BY BUILDING _ ~ APPUt:ATION FoR
_ __ __ __
PLAN EXAMINATION ANO
INSPECTOR BUILDING PERMIT
IMPORTANT -Applicant to complete all Items In Sectlone: 1,2,3,4, and 5
S/J Wauwinet Trust/Stephen Karp
~ OWNERS NAME:
' Last First Middle Initial
LOCATION 120 Wauwinet Road
No. Street village
BUILDING 12
' 46
Assessor's Map No. s Parcel No.
Assessor
2. TYPE AND COST OF BUILDING -All applicants complete Parts A-D
A. TYPE OF IMPROVEMENT D. PROPOSED USE - (For "Demolition" most recen t use)
^ New Building Residential Detail scope of work by floor ~ provide the
^ Addition (If residential, enter number ^ One Family square footage.
of new housing units added,
if any, in Part D, 13) ^ Two or more (amity -Enter
Renovation of storage
^ Alteration (See 2 above)
number of untils
^ Repair, replacement ~ Transient Hotel, Motel or shed
^Demolition (If multifamily residential, dormitory; or INTERVAL
enter number of units in
OWNERSHIP -enter number of units -
~-> ~~~
building in Part D, 13) ^ Garage
^ Moving (relocation)
^ Carport „1~„~- ~~~-{~,~ ~ S,g/yl.~.
^ Foundation only
B. OWNERSHIP ^ Other -Specify ab)L/t~/~-i
^ Private (individual, corporation,
nonprofit institution, etc.)
^ Public (Federal, State, or local
government)
omit cents E. DIMENSIONS
C. COST Dimensions (New) of Dimensions of
Structure
Cost of: a $ Dwelling or Addition: Additional Structures:
.
Electrical
b No. of Stories: 1 Garage:
.
Plumbin
c First Floor Area: Accessory Bldg.
g
.
Heatin
d Second Floor Area: Swimming Pool:
g
.
Other
e ~~ Third Floor Area: Other:
.
TOTAL COST OF IMPROVEMENT Total Floor Area:
fl
TIMATE
' ~ Full Cellar Area:
S ES
BUILDING INSPECTOR
3. SELECTED CHARACTERISTICS OF BUILDING For new buildings and additions, complete Parts E-N
for Demolition, complete only Part 1., for all others skip to 4.
F. PRINCIPLE TYPE OF FRAME H. TYPE OF SEWAGE DISPOSAL K. ACCESSORY HEAT SOURCE
No. of fireplaces
^ Masonry (wall bearing) ^ Public or private company No. of Wood Stoves
~ Wood trame ^ Private (septic tank, etc.) No. of Coal Stoves
^ Structural steel Solar Collector
^ Reinforced concrete 1. TYPE OF WATER SUPPLY Other:
^ Other -Specify ^ Public or private company
L SMOKE DETECTORS
^ Private (well, cistern)
No. of Dectectors
Type (Battery Or AC)
G. PRINCIPLE TYPE OF HEATING J. SPECIAL CHARACTERISTICS See Plan for Location
^ Gas
^ Air Conditioning
^ Oil ^ Heat Pump
M. RESIDENTIAL BUILDINGS ONLY
^ Electricity O Central Vacuum Number of Bedrooms 0
^ Coal ~ ^ Other Number of Bathrooms 0
^ Other -Specify Full Partial
5. iDENTiFICATiON - To be completed b all apptlunts
Name Mialing address -Number, street, city, and State Zip Code Telephone No.
i. S J Wauwinet Trust og antuc et,
Owner or
Lessee
p, Builder's License
General
Contractor
3. Date
Contractor
Signature
4.
Architect or
Engineer
I hereby certify that the proposed work is authorized by the ownerof record and that I have been authorized by the owner to make this application as
his authorized agent and we agree to conform to all applicable laws of this jurisdiction.
Signature of applicant Address
DO NOT WRITE BELOW THIS LINE
6. PLAN REVIEW RECORD -For Office Use
Plans Review Required
HISTORIC DISTRICS COMMISSION
SEPTIC
SEWER
WATER WELL COMPLETION REPORT
CONSERVATION COMMISSION
BOARD OF APPEALS
SECONDARY DWELLING APPROVAL (Planning Board)
FIRE CHIEF
OVER-THE-ROAD (Board of Selectmen)
RELEASE FORM (Planning Board)
ROAD OPENING PERMIT (OPW)
PLUMBING
ELECTRICAL
T. VALIDATION
Building ~ ~ 1 _~~
Permit number ` 1( ~
Building ~~ ~ -' . J ~ ~\ 1 \~~(
Permit issued ~ 1
Date of
Reissuance
Building
Permit Fee
Date of Issuance of
Certificate of Occupancy
FOR DEPARTMENT USE ONLY
Use Group -
Fire Grading
Live Loading _
Occupancy Load
Census No. -
Approved by:
Building Inspector
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REVIEWED BY BUILDING _
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APPLICAnoN FoR
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t PLAN E)UMINATION AND
INSPECTOR -
"- BUILDING PERMIT
IMPORTANT - pllcant to complete all Items In Sectlona: 1,2,3,4, and 5
S/.T WauWl.net Trust/Mr. Stephen Rarp
1 OWNERS NAME:
' Last First Middle Initial
LOCATION 120 Wauwinet Road
'
BUILDING No. street village '
12 46
Assessor's Map No. s Parcel No.
Assessor
2. TYPE AND COST OF BUILDING -Alt applicants complete Parts A-D
A. TYPE OF IMPROVEMENT D. PROPOSED USE - (For "Demolition" most recent use)
^ New Building Residential Detai l scope of work by floor & provide the
O Addition (If residential, enter number O One Family square footage.
of new housing units added,
if any, in Part D, 13) ^ Two or more family -Enter
yy
Y7 Alteration (See 2 above) number of untils
O Repair, replacement yy
/
~7Transient Hotel, Motel or 57"0~,46~ S `j~2G~
OOemolition (If multifamily residential, dormitory; or INTERVAL
enter number of units in OWNERSHIP -enter number of units
~j ~-
building in Part O, 13) p Garage ~
O Moving (relocation)
^ Carport
^ Foundation only
B. OWNERSHIP ^ Other -Specify
^ Private (individual, corporation,
nonprofit institution, etc.)
O Public (Federal, State, or Iocat
government)
omit cents E. DIMENSIONS
C. COST Dimensions (New) of Dimensions of
Structure
Cost of: a 5 Dwelling or Addition: Additional Structures:
.
Electrical
b No. of Stories: ~ Garage:
.
Plumbing
c First Floor Area: Accessory Bldg.
.
Heating
d Second Floor Area: Swimming Pool:
.
Other
e Third Floor Area: Other:
.
TOTAL COST OF IMPROVEMENT Total Floor Area:
STIMATE
' ~' Full Cellar Area:
S E
BUILDING INSPECTOR
3. SELECTED CHARACTERISTICS OF BUILDING For new buildings and additions, complete Parts E-N
for Demolition, complete only Part 1., for all others skip to 4.
F. PRINCIPLE TYPE OF FRAME H. TYPE OF SEWAGE DISPOSAL K. ACCESSORY HEAT SOURCE
No. of fireplaces
^ Masonry (wall bearing) O Public or private company No. of Wood Stoves
Wood frame O Private (septic tank, etc.) No. of Coal Stoves
^ Structural steel Solar Collector
^ Reinforced concrete I. TYPE OF WATER SUPPLY Other:
^ Other -Specify O Public or private company
L SMOKE DETECTORS
O Privets (well, cistern)
No. of Dectectors
Type (Battery or AC)
G. PRINCIPLE TYPE OF HEATING SPECIAL CHARACTERISTICS
J
. See Ptan for Location
^ Gas
O Air Conditioning
O Oil O Heat Pump
S ONLY
M. RESIDENTIAL BUILDING
O Electricity O Centre) Vacuum O
Number o} Bedrooms
O Coal ^ Other Numt»r of Bathrooms ~
^ Other -Specify Full Partial
5. IDENTIFICATION - To be completed b au applicants
Name Mialing address -Number, street, city, and State Zip Code Telephone No.
~. ~y ~ :v l .x a A.v7v N? ~0 a~8~ ~ O
Owner or
Lessee
2, Builder's License
General
Contractor
3.
t
t
C Date
rac
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Signature
4.
ct or
hit
A
rc
e
Engineer
I hereby certify that the proposed work is authorized bytheownerof record and that I have been authorized by the owner to make this application as
his authorized agent and we agree to conform to all applicable laws of this jurisdiction.
Signature of applicant Address
DO NOT WRITE BELOW THIS LINE
6. PLAN REVIEW RECORD -For Office use
Plans Review Required
HISTORIC DISTRICS COMMISSION
SEPTIC
SEWER
WATER WELL COMPLETION REPORT
CONSERVATION COMMISSION
BOARD OF APPEALS
SECONDARY DWELLING APPROVAL (Planning Board)
FIRE CHIEF
OVER-THE-ROAD (Board of Selectmen)
RELEASE FORM (Planning Board)
ROAD OPENING PERMIT (DPW)
PLUMBING
ELECTRICAL
7. VALIDATION
Building ~~~ ~~
Permit number
~~
Building ~ y~~ 11 ` \~~ ,
Permit issued
FOR DEPARTMENT USE ONLY
Use Group -
Fire Grading
Live Loading _
Occupancy Load
Census No. -
Date of
Reissuance
Building
Permit Fee
Approved by
Date of Issuance of
Certificate of Occupancy
Building Inspector
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080614
DEED
WE, STEPHEN R. KARP and JILL ELLEN KARP, as successor Trustees of S/J WAUWINET
TRUST, under Declaration of Trust dated June 27, 1986, registered with Nantucket Registry
District as Document No. 36311, as affected by a Certificate of Trustees dated April 15, 1987
registered with Nantucket Registry District as Document No. 39739, as evidenced by Certificate
of Title No., 12553, which Trust has a mailing address c/o New England Development, One
Wells Avenue, Newton, Massachusetts, for non-monetary consideration paid, the receipt and
sufficiency of which is hereby acknowledged, as a transfer made to the grantee limited liability
company, in which company the beneficiaries of the S/J Wauwinet Trust own a controlling
interest
grant to
WAUWINET INN LLC, a Delaware limited liability company, having its mailing address c/o
New England Development, One Wells Avenue, Newton, Massachusetts 02159,
with QUITCLAIM COVENANTS,
the land together with all buildings and improvements thereon situated at 115 and 120 Wauwinet
Road, Nantucket Town and County, Commonwealth of Massachusetts, as more particularly
described in Exhibit A attached hereto.
For title, see Certificate of Title No. 12,553 at the Nantucket Registry District for the Land Court.
Said land is conveyed subject to the following matters:
(a) The encumbrances and other matters of record .
(b) Real estate taxes assessed by the Town of Nantucket for the fiscal year 1999,
commencing on July 1, 1998.
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Executed and sealed this !U day of June, 1998.
080t~14
S/J WAUWINET TRUST
u/d/t dated June 27, 1986
By
to hen R. Karp, Trustee as aforesaid
and not individually
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss. June .3 , 1998
Then personally appeared the above-named Stephen R. Karp, and acknowledged the
foregoing instrument to be his free act and deed as Trustee as aforesaid, before me,
Notary Public
My commission expires: ~ -/~ -~~~
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EXHIBIT A
That certain parcel of land, together with the buildings thereon, located in Nantucket,
Nantucket County, Massachusetts, bounded and described as follows;
Parcel O e (120 Wauwinet Roadl
WESTERLY by Wauwinet Road, forty-one and 37/100 (41.57) feet;
SOUTHERLY ; by a line crossing Wauwinet Road, thirty and 84/I00 (30.84)
~' feet;
WESTERLY seventy-three and 091100 (73.09) feet, and
SOUTHWESTERLY measurin..;, on the upland, about three hundred five (3051) feet,
by land now or formerly of Thomas C. BeII;
WE5TER.LY by Nantucket Harbor;
NORTHERLY by land now or formerly of Jessie T. Sturdevant et al, measuring,
on the upland, about three hundred forty-three and 35/100
(343.35f) feet;
EASTERLY by land now or formerly of LeGrant C. Tibbits ct al, three
hundred seventy-one and 04/100 (371.04) feet; anal
SOUTHERLY by Lot A on plan hereinafter mentioned, seventy and 50/100
(70.50) feet.
Said land is shown as Lot B on Lanni Court Plan 15598-A.
~a~c Tw X115 WauwilaezJ~a
EASTERLY by Lot 57 on plan hereinafter mentioned, two hundred fourteen
and 79/100 (214,79) feet;
SOUTHERLY by Lot 47, as shown on said plan, forty-seven and 25/100 (47.25)
feet;
WESTERLY by a Way and by Lot 32, as shown on said plan, two hundred
fourteen and 79/100 (214.79) feet; a.nd
NORTHERLY
O$Q614
by Lot 30, as shown on said plan, forty-seven and 25/100 (47,25)
feet.
Said land is shown as Lot 56 on Land Court Plan 15961-K.
Parcel Three (115 Wauwinet Road -Dart)
NORTHWESTERLY by a Way on land now or formerly of James Allen Backus, one
hundred eight-two and 93/100 (182.93) feet;
EASTERLY by Lots 29, 30, and 31 on plan hereinafter mentioned, six
hundred thirteen and 30/100 (613.30) feet;
SOUTHEASTERLY Eby a Way on land now or formerly of James Allen Backus, one
~' hundred thirty-one and 04/100 (131.04) feet; and
WESTERLY by land now or formerly of James Allen Backus, shown as Lots
A and B on said plan, five hundred seventy-nine and 44/100
(579.44) feet.
Said land is shown as Lot 32 on Land Court Plan 15961-D,
Appurtenant to all of the properties described above is the perpetual right and easement,
superior and prior to any rights of any and all others, over Lot 10-D on Land Court Plan No.
15961-C; (i) to withdraw and use any and all water from any and alI wells now or hereafter
existing on said Lot 10-D and (ii) to enter upon said land at any time and from time to time,
without notice, for the purpose of constructing, mainrain.uig, operating, repairing, and
replacing any and all such wells and any and all equipment related thereto, as set forth in a
deed dated June 30, 1989, registered with Nantucltet Registry District as Document No.
47689; subject to the provisions of an Agreement between Wauwinet Plouse, Inc., and David
M. Roby, Trustee, dated July 25, 1983, registered as Document 27960. Said Lot 10D has
direct access to and from Wauwinet Road, a public highway.
08061.4
TRUSTEE'S CERTIFICATE
We, Jill Ellen Karp and Stephen R. Karp, Trustees of S/J Wauwinet Trust, do hereby
certify that:
1. We, Stephen R. Karp and Jill Ellen Karp, are the present Trustees of S/J Wauwinet Trust
under Declaration of Trust dated June 27, 1986, registered with the Nantucket Registry District
as Document No. 39739.
2. Said Trust is in full force and effect and has not been altered, amended or revoked.
3. There is no beneficiary of the Trust who is not of full age, or who is under an}' disability.
4. At the written direction of the beneficiaries of the Trust, we have delegated, each to the other,
full authority for any one Trustee to execute any and all documents relating to the conveyance of
the property situated 115 and 120 Wauwinet Road in Nantucket, Massachusetts, as described in
the attached deed, to Wauwinet Inn LLC, a Delaware limited liability company, and take any
action necessary to consummate said transfer.
Executed and sealed on June !0 , 1998.
en R. Karp, Truste
~~J
Jy Ellen arp, Trustee
COMMON WEALTH OF MASSACHUSETTS
Suffolk, ss.
June 3 ,1998
Then personally appeared the above-named Stephen R. Karp and acknowledged the
foregoing instrument to be his free act and deed, before me,
Notary Public
My commission expires: .3 - ~G 'tea ~
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McGREGOR & ASSOCIATES
ATTORNEYS AT LAW, BC.
60 TEMPLE PLACE -SUITE 410
BOSTON, MASSACHUSETTS 02111
(617) 338-6464
FAX (617) 338-0737
GREGOR I. McGREGOR
(617) 338-6464 ext. 23
July 9, 1998
HAND DELIVERED
Rebecca Lohmann Dale W. Waine, Chair
Nantucket Town Clerk Nantucket Zoning Board of Appeals
16 Broad Street 37 Washington Street
Nantucket, MA 02554 Nantucket, MA 02554
RE: Notice of Appeal of Building Permits #630-98 and #631-98
Our Client No. 1918/Ms. Marion Morton
Dear Ms. Lohmann and Mr. Waine:
On behalf of our client, Ms. Marion Morton, we hereby appeal building permits #630-
98 and #631-98 issued by the Town of Nantucket Building Inspector on June 11, 1998 to the
S/J Wauwinet Trust ("Trust") to conduct work at 120 Wauwinet Road in Nantucket at the
Wauwinet Inn ("Inn" ). We believe that one or both of these permits are for two sheds on the
east side of the Inn's cottage known as "Anchorage" and for which work has already
commenced. We also challenge the deck on the north side of the cottage which may have been
built under the color of one or both of the building permits.'•2 The building permits are so
vague that it is difficult to ascertain what work is permitted.
We file this appeal pursuant to and within the time permitted by the Nantucket Code §
136-29E and the Massachusetts Zoning Act, G.L. c. 40A, §§ 8 and 15. The Nantucket Zoning
We respectfully invite the Building Inspector to send us copies of the building permits for this deck on
Anchorage and show that this deck complies with the Building Code and Nantucket Zoning Bylaws.
z We will be inquiring separately of the Nantucket Historic District Commission and the Nantucket Conservation
Commission if they have issued approvals for the deck or sheds on Anchorage.
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McGREGOR & ASSOCIATES
2
bylaws were violated when the Building Inspector issued these permits without the required
approval or documentation from the Nantucket Historic District Commission and the
Nantucket Conservation Commission.
Ms. Morton is the owner of property at 21 Crows Nest Way, on which is located a
home known as Captain's Quarters, and at 117-R Wauwinet Road, on which is located a home
known as Morgan. Both properties are located in the village of Wauwinet near or adjacent to
the Wauwinet Inn's property. Ms. Morton's mailing address is 6463 Cecil Avenue, Clayton,
Missouri, 63105.
The Zoning Bylaw requires that to apply for a building permit, an applicant must
demonstrate that the Historic District Commission has reviewed and approved the proposed
project. The Historic District Commission's enabling act prohibits the issuance of any
building permit without an applicant having first obtained from the Nantucket Historic
Commission a Certificate of Appropriateness or Certificate of Nonapplicability. Ch. 395 of
the Acts of 1970, as amended, Section 5. This is to ensure that the Historic Commission has
reviewed the exterior architectural features of the proposed building or structure. As the
entire Island of Nantucket comprises the Nantucket Historic District, the Historic District
Commission has jurisdiction over existing and proposed buildings or structures in the village of
Wauwinet. The Historic District Commission's guidelines for Wauwinet call for "harmony of
exterior elements such as porches and decks" with a building's natural and informal beach
setting. "Building With Nantucket In Mind" , page 96.
The Zoning Bylaw also requires that a building permit applicant demonstrate that the
Nantucket Conservation Commission has reviewed and approved the proposed project, if
within the Conservation Commission's jurisdiction.
The sheds for which the building permits were issued more than likely are within the
jurisdiction of the Conservation Commission under the Wetlands Protection Act. Inn expansion
plans prepared by the Trust itself in 1997 indicate that the sheds and deck are within the 100-
foot "Buffer Zone" of several wetland resource areas. Furthermore, in late 1997 or early
1998 the Conservation Commission asserted jurisdiction and fined the Trust for cutting
vegetation alongside the very building to which the sheds and deck are attached.
Section 139-26C states that an application for a building permit shall be accompanied
by, if applicable: (1) a Certificate of Appropriateness issued by the Nantucket Historic District
Commission pursuant to Ch. 395, Acts of 1970, as amended; and (2) an Order of Conditions
issued by the Nantucket Conservation Commission pursuant to the Wetlands Protection Act.
Section 139-26D provides that upon receiving the building permit application, "the
Building Inspector shall examine the same within a reasonable time after filing. If the
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McGREGOR & ASSOCIATES
3
application does not conform to the provisions of all pertinent local laws, he shall reject such
application in writing, stating the reasons therefor, within thirty (30) days of the submission of
a complete application. "
Furthermore, Section 139-26A of the Nantucket Zoning Code provides that the
Building Inspector shall not issue a building permit ". .until such construction, erection,
relocation, addition, alteration, demolition or use, as proposed, shall comply in all respects
with the provisions of the Zoning Bylaw .... "
The Building Inspector violated the provisions of the Zoning Bylaw by issuing these
two building permits without obtaining the required Certificate of Appropriateness from the
Nantucket Historic District Commission or Order of Conditions from the Nantucket
Conservation Commission.
It is doubtful whether the sheds for which the building permits have been issued, in
their current configuration, design, and exterior architectural features, would be approved by
either the Historic District Commission or the Conservation Commission.
The Historic District Commission unlikely would approve of unfinished or unshingled
area which are open to plain view from a traveled way. For example, the appendage on the
north side of Anchorage, which may be intended to act as a screening wall, is shingled on one
side and unfinished plywood on the other (please see attached copies of four photograph taken
by our client during the second or third week of June, 1998).
The Conservation Commission unlikely would approve the significant adverse impacts
to wetlands resource areas during construction and use of these sheds and adjoining deck. As
the deck adjoining one of the sheds currently lacks a roof, there is the potential for stormwater
to wash into wetland resource areas the paints, solvents, lubricants, and other hazardous or
waste materials sometimes stored in these locations along with other runoff or residue from
supplies and equipment (again, please see attached photographs).
We ask that the Zoning Board of Appeals revoke the improperly issued building
permits, without prejudice to the Trust to reapply only after the Trust has obtained a Certificate
of Appropriateness from the Historic District Commission and an Order of Conditions or other
permission from the Conservation Commission.
When and if the Historic District Commission and the Conservation Commission may
approve the sheds or deck, properly following the procedures described in this appeal, we
reserve the right to challenge the legality of the sheds or deck under the State Building Code
and the use of the sheds or deck under the Nantucket Zoning Bylaw, depending on the final
design, construction, and uses to which the sheds or decks are put.
Printed on recycled paper.
McGREGOR & ASSOCIATES
Thank you for your consideration.
Sincerely,
~~~ i~~~!
Gre I. McGregor ~~~~
Enclosure
cc: Nantucket Building Inspector
Nantucket Conservation Commission
Nantucket Historic District Commission
Nantucket Board of Selectmen
RECEIVED
TOWN CLERK'S OFFICE
NANTI. I~~cT ~ n n n?554
JUL 1 0 1998
TIME:~~O'7 cam. rK ,
/-ass{-.
CLERK: ~'~ t_C.~
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Printed on recycled paper.