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HomeMy WebLinkAbout026-90©060-�c� Form 3 -89 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April l() , 19 90 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. 026- 90 of: RICHARD S. ARNOLD Enclosed is the decision of the Board of Appeals which has this day been filed with 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 a 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. r Willi dm R. Sherman, Chairman cc: Town Clerk Planning Board Building Commissioner N presence of commercial trucks at the locus, including trailers, after the arrival of the late boat from Hyannis; observation of materials in the "Container" which Applicant stated were not for use in the construction of the building at 8 Winn Lane. Other objections were made to the noise from opening of the "Container" doors, fumes from the trucks coming to the locus, and the general appearance of the "Container ", which the abutters felt was resulting in a depreciation of the property values in the surrounding area. No abutters spoke in favor of the relief. The Planning Board recommended unfavorable action. 7. By a 0 -5 voted of the Board, the relief requestrd,was DENIED, because the Board members reasoned that, even if Applicant's contention that the offending item was a "Container ", and not a "Trailer ", was correct, such a use was not one permitted under Section 139 -8A or Section 139 -17, since it was not "accessory" to any use being made of the lot upon which the "Container" had been placed, nor even of any contiguous lot. The Applicant is using his vacant lot for storage of building materials, some of which Applicant admits are not for use in the construction of his house at 14 Winn Lane (the only property in the vicinity for which Applicant has a valid Building Permit), which makes the use arguably commercial, a clearly proscribed use in the district. Under the Zoning By -Law, the storage of building materials on a vacant lot is only permissible when those materials are to be used in the construction of a structure for which the Applicant has, or is actively seeking contemporaneously, a Building Permit. However the "Container" is defined or characterized, Applicant's use of it and his vacant lot as stated before the Board, is not a permitted use in the district, and, therefore, under Section 139- 6 of the Zoning By -Law, is prohibited. The only basis upon which the Board could grant a permit for a "Trailer" would be under Section 139 -20D, which requires the "trailer" to be on the same lot as the building under construction, and that is not the case in this Application. Section 139 -6 of the By -Law states, "No... land, or part thereof, shall be used for any purpose or in any manner other than for one (1) or more of the uses hereinafter set forth as permitted in the district in which such...la..0 is located, or set forth as permissible by special permit in said district and so authorized." The Board reasoned that the granting of a Special Permit for the Applicant's use would, based upon all the evidence presented, not be in "harmony with the general purpose and intent" of the by -laws. Date : v, Linda�F. Williams v it ,,, Mi4ha l J. O'Mara V Dale W. Waine W li R herman 5 5 er a c n t e TOWN OF NANTUCKET ZONING BOARD OF APPEALS Nantucket, Mass. 02554 At a public meeting on Friday, March 30, 1990, at 1:00 P.M. in the Town and County Building, Nantucket, on the Application (026 -90) of RICHARD S. ARNOLD, of Winn Lane, Nantucket, Massachusetts, 02554, the Nantucket Zoning Board of Appeals made the following DECISION: 1. The Applicant is seeking relief under the Nantucket Zoning By -Law Section 139- 29D(b) from a decision of the Building Inspector that an approximately 8' x 40' "storage container" on Applicant's vacant lot at 14 Winn Lane is a violation of Nantucket Zoning By -Law Section 139 -20C & D (Prohibited uses in all districts) and 139 -8A and 139 -17, or, in the alternate-.-_, relief by means of a determination by the Board that the use is permitted, or not prohibited, under the Nantucket Zoning By -Law Sections 139 -8A and /or 139 -17, or, in the alternative, relief by means of the granting of a Special Permit under Section 139 -20D. The vacant lot is located at 14 Winn Lane and is zoned R -1. 2. Applicant was cited criminally upon a complaint by the Building Inspector that the Applicant's use of the property :,as in violation of Massachusetts General Laws, Chapter 40A, section 7, as "Use of Land Without Permit ". 3. Applicant, in support of his request for relief, presented information to the Board on the definition of "Trailer" and "Container ", and he asserted that what he had on the property was a "Container" rather than a "Trailer ", which he asserted removed the situation from the prohibition of Section 139 -20C and the limitations of Section 139 -20D, and, further, since "Container" was not a specifically prohibited use on a vacant lot, Applicant asserted that it was, therefore, permitted. 4. Applicant, in support of his request for a determinations- tested.t -he. use in question was permitted under Sections 139 -8A as an accessory building or under Section 139 -177 as an accessory use. 5. There are no other structures on the lot, and no Building Permit been applied for nor issued for construction on the lot. Applicant has a Building Permit for a building on his lot at 8 Winn Lane, which lot is not contiguous with the subject property. 6. Several abutters spoke and presented photographs in opposition to the granting of the relief and mentioned as reasons for their objections that the materials being stored in the container were used for construction of buildings other than that being built by Applicant on his property at 8 Winn Lane, making the use a commercial use prohibited in the district; citing the NANTUCKET ZONING BOARD OF APPEALS 6 CHESTNUT STREET NANTUCKET, MA 02554 508 228 -7215 May 4, 1990 Richard S. Arnold 8 Winn Lane Nantucket, MA 02554 Dear Mr. Arnold: We have from you papers which purport to be a notice of your appeal from the decision of the Building Commissioner dated March 14, 1990. Your notice appears on our Form 1 -89 "Application for Relief" with the date of filing April 18, 1990, certified by the Assistant Town Clerk. So far as we can determine, only that form - and no enclosures which might specify either the date of the decision or the grounds for your appeal - was filed in the office of the Town Clerk. The State's Zoning Act, c. 40A M.G.L. Section 15, sets for us the basis of our jurisdiction of any such appeal. The first sentence of that Section reads: "Any appeal under section eight [of c. 40A M.G.L.] to a permit granting authority here, the Board of Appeals] shall be taken within thirty days of the date of the order or decision which is being appealed. (Emphasis added. See c. 498, Acts of 1987, Section 3.) If your appeal is from the March 14, 1990 decision of the Building Commissioner, your appeal is obviously too late and our Board has no jurisdiction to hear the appeal. The next sentence of Section 15 requires that you must "file a notice of appeal specifying the grounds thereof with the - -- town clerk ". Since we lack jurisdiction because your papers were filed too late and without stating the grounds of appeal - or even what decision was being appealed, you have not made a proper application to this Board for relief. We return to you, attached, your check for $200 payable to the Town. If you desire to pursue please carefully check if you need assistance, cc: R. Santos, Building Town Clerk relief by variance or otherwise, the legal requirements. Let us know e.gg.., copy of 00 79 variance? William R. Sherman, Chairman Commissioner vrwgj, 1/NzNaA/E//W/./ MA101 MEMO — ---'I NANTUCKET ZONING BOARD OF APPEALS 6 CHESTNUT STREET NANTUCKET, MA 02554 508 228 -7215 May 4, 1990 Richard S. Arnold 8 Winn Lane Nantucket, MA 02554 Dear Mr. Arnold: We have from you papers which purport to be a notice of your appeal from the decision of the Building Commissioner dated March 14, 1990. Your notice appears on our Form 1 -89 "Application for Relief" with the date of filing April 18, 1990, certified by the Assistant Town Clerk. So far as we can determine, only that form - and no enclosures which might specify either the date of the decision or the grounds for your appeal - was filed in the office of the /!J� Town Clerk. z C11 &e) 4 The State's Zoning Act, c. 40A M.G.L. Section 15, sets for us the basis of our jurisdiction of any such appeal. The first sentence of that Section reads: "Any appeal under section eight [of c. 40A M.G.L.] to a permit granting authority here, the Board of Appeals] shall be taken within thirty days of the date of the order or decision which is beinc{ appealed. (Emphasis added. See c. 498, Acts of 1987, Section 3.) If your appeal is from the March 14, 1990 decision of the Building Commissioner, your appeal is obviously too late and our Board has no jurisdiction to hear the appeal. The next sentence of Section 15 requires that you must "file a notice of appeal specifying the grounds thereof with the - -- town clerk ". since we lack jurisdiction because your papers were filed too late and without stating the grounds of appeal - or even what decision was being appealed, you have not made a proper application to this Board for relief. We return-to you, attached, your check for $200 payable to the Town. If you desire to pursue relief by variance or otherwise, please carefully check the legal requirements. Let us know if you need assistance, e.gg.., copy of 00 779 variance? William R. 2rman, Chairman cc: R. Santos, Building Commissioner Town Clerk �;�ul -fhiS f 114A! /V r'iV Tile Ale, Ti�r ✓� j-�c V r.4 ,,Ale COMMONWEALTH OF MASSACHUSETTS NANTUCKET SS. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT C.A. NO. ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** RICHARD S. ARNOLD Plaintiff, * V. * COMPLAINT WILLIAM R. SHERMAN, ROBERT LEICHTER, MICHAEL J. O'MARA, DALE W. WAINE and LINDA F. WILLIAMS, as they constitute the Board of Appeals of the Town of Nantucket DESCRIPTION OF THE ACTION 1. This is an appeal pursuant to Chapter 40A, Section 17, M.G.A., from a decision of the Nantucket Board of Appeals denying the plaintiffs appeal from the decision of the Nantucket Building Inspector determining that plaintiff's use of a storage container on plaintiff's property was not a permitted use under the provisions of the Zoning By -law of the Town of Nantucket (Nantucket Code, Section 139 -1 et seq). PARTIES 2. The plaintiff, Richard S. Arnold ( "Arnold ") resides at 8 Winn Lane, Nantucket, Massachusetts. 3. The defendant, William R. Sherman ( "Sherman ") is Chairman of the Board of Appeals and resides at Surfside Road, Nantucket, Massachusetts 02554. 4. The defendant, Robert Leichter ( "Leichter ") resides at 30 Old South Road, Nantucket, Massachusetts 02554. 5. The defendant, Michael J. O'Mara (O'Mara ") resides at 240 Polpis Road, Nantucket, Massachusetts 02554. 6. The defendant, Dale W. Waine ( "Waine ") resides at Bishop's Rise, Nantucket, Massachusetts 02554. 7. The defendant, Linda F. Williams ( "Williams ") resides at 5 South Pasture Lane, Nantucket, Massachusetts 02554. FACTUAL ALLEGATIONS 8. Plaintiff is the record owner of the premises situated at 8 and 14 Winn Lane, Nantucket, Massachusetts being shown as Lot No. 4, Plan Book 20, Page 39 and Lot No. 12, Plan Book 19, Page 4, Nantucket Registry of Deeds, respectively, as evidenced by deeds recorded with said Deeds in Book 255, Page 178 and Book 180, Page 160, respectively. 9. Each of plaintiff's lots at 8 and 14 Winn Lane conform to the current zoning by -law as to minimum lot size and minimum frontage and are situated in a Residential - 1 District. 10. Plaintiff is in the process of completing construction of a single family dwelling at 8 Winn Lane for which he needs a container to store building materials to protect said materials from vandalism, theft and the weather. Due to the topography and size of the premises at 8 Winn Lane and the presence of overhead electric transmission lines, plaintiff is unable to place a storage container on said lot however, plaintiff has placed said storage container on the premises at 14 Winn Lane, a vacant lot, upon which plaintiff intends to construct a single family residence. 11. Plaintiff was cited criminally upon a complaint by the Building Inspector of Nantucket for "use of land without permit" on September 20, 1989 with reference to the premises at 8 Winn Lane, which citation (decision) of the Building Inspector plaintiff appealed to the defendant, Nantucket Board of Appeals in accordance with the provisions of Section 139 -31A. Said appeal was instituted at the behest of the Building Inspector and the Assistant District Attorney during a conference on the criminal charge filed against plaintiff and, as part of said appeal, the criminal proceedings were stayed until the civil appeal process was completed. 12. Defendants, sitting as the Nantucket Board of Appeals, held a public hearing on March 30, 1990 on plaintiff's appeal of Building Inspector's decision that plaintiff's storage container on plaintiff's vacant lot at 14 Winn Lane is a violation of Zoning By -law, Section 130 -20C & 20D and 139 -8A and 139 -17 or, in the alternative, that the use of the storage container by plaintiff is not a prohibited but permitted use under Sections 139 -8A and /or 139 -17, said Zoning By -law. 13. The use by plaintiff of locating a storage container on his vacant lot at 14 Winn Lane does not violate the Nantucket Zoning By -law as said use is not prohibited thereby. 14. Defendants, acting as the Board of Appeals, filed a decision with the Town Clerk of Nantucket on April 10, 1990, upholding the determination of the Building Inspector and denying plaintiff's requested relief. A certified copy of said decision is annexed hereto and marked Exhibit A. 15. The decision of the Nantucket Board of Appeals exceeds the authority of said Board, is arbitrary, capricious, unsupported by the facts or evidence in the records of its proceedings and contrary to law in that, inter alia: a) the use by plaintiff of Lot 14 is allowable, as a matter of right, and meets all of the requirements of the Zoning By -law; b) it was beyond the authority of the defendant Board of Appeals to deny plaintiff's requested relief and find that plaintiff's use of Lot 14 was not in harmony with the general purpose and intent of the By -law; c) the use by plaintiff of Lot 14 is allowable as a matter of right as said use is not prohibited by the By -law but is permitted as an accessary use by said By -law. WHEREFOR, the plaintiff demands that the decision of the Board of Appeals be annulled, and that this Court order the Board of Appeals to make a finding that plaintiff's use of a container for the storage of building material on Lot 14 is permitted under the Nantucket Zoning By -law; and such further order as the Court deems mete and just. e/- 8 Wn LPLne Nantucket, Massachusetts 02554 (508) 228 -0487 TOWN OF NANTUCKET ZONING BOARD OF APPEALS Nantucket, Mass. 02554 At a public meeting on Friday, March 30, 1990, at 1:00 P.M. in the Town and County Building, Nantucket, on the Application (026 -90) of RICHARD S. ARNOLD, of Winn Lane, Nantucket, Massachusetts, 02554, the Nantucket Zoning Board of Appeals made the following DECISION: 1. The Applicant is seeking relief under the Nantucket Zoning By -Law Section 139- 29D(b) from a decision of the Building Inspector that an approximately 8' x 40' "storage container" on Applicant's vacant lot at 14 Winn Lane is a violation of Nantucket Zoning By -Law Section 139 -20C & D (Prohibited uses in all districts) and 139 -8A and 139 -17, or, in the alternati,- relief by means of a determination by the Board that the use is permitted, or not prohibited, under the Nantucket Zoning By -Law Sections 139 -8A and /or 139 -17, or, in the alternative, relief by means of the granting of a Special Permit under Section 139 -20D. The vacant lot is located at 14 Winn Lane and is zoned R -1. . 2. Applicant was cited criminally upon a complaint by the Building Inspector that the Applicant's use of the property was in violation of Massachusetts General Laws, Chapter 40A, section 7, as "Use of Land Without Permit ". 3. Applicant, in support of his request for relief, presented information to the Board on the definition of "Trailer" and "Container ", and he asserted that what he had on the property was a "Container" rather than a "Trailer ", which he asserted removed the situation from the prohibition of Section 139 -20C and the limitations of Section 139 -20D, and, further, since "Container" was not a specifically prohibited use on a vacant lot, Applicant asserted that it was, therefore, permitted. 4. Applicant, in support of his request for a determination,sta_:ed,t-h-,_ use in question was permitted under Sections 139 -8A as an accessory building or under Section 139 -177 as an accessory use. 5. There are no other structures on the lot, and no Building Permit been applied for nor issued for construction on the lot. Applicant has a Building Permit for a building on his lot at 8 Winn Lane, which lot is not contiguous with the subject property. 6. Several abutters spoke and presented photographs in opposition to the granting of the relief and mentioned as reasons for their objections that the materials being stored in the container were used for construction of buildings other than that being built by Applicant on his property at 8 Winn Lane, making the use a commercial use prohibited in the district; citing the Ex. -G - presence of commercial trucks at the locus, including sem trailers, after the arrival of the late boat from Hyannis; observation of materials in the "Container" which Applicant stated were not for use in the construction of the building at G Winn Lane. Other objections were made to the noise from opening of the "Container" doors, fumes from the trucks coming to the locus, and the general appearance of the "Container ", which the abutters felt was resulting in a depreciation of the property values in the surrounding area. No abutters spoke in favor of the relief. The Planning Board recommended unfavorable action. 7. By a 0 -5 voted of the Board, the relief requestcd,was DENIED, because the Board members reasoned that, even if Applicant's contention that the offending item was a "Container ", and not a "Trailer ", was correct, such a use was not one permitted under Section 139 -BA or Section 139 -17, since it was not "accessory" to any use being made of the lot upon which the "Container" had been placed, nor even of any contiguous lot. The Applicant is using his vacant lot for storage of building materials, some of which Applicant admits are not for use in the construction of his house at 14 Winn Lane (the only property in the vicinity for which Applicant has a valid Building Permit), which makes the use arguably commercial, a clearly proscribed use in the district. Under the Zoning By -Law, the storage of building materials on a vacant lot is only permissible when those materials are to be used in the construction of a structure for which the Applicant has, or is actively seeking contemporaneously, a Building Permit. However the "Container" is defined or characterized, Applicant's use of it and his vacant lot as stated before the Board, is not a permitted use in the district, and, therefore, under Section 139- 6 of the Zoning By -Law, is prohibited. The only basis upon which the Board could grant a permit for a "Trailer" would be under Section 139 -20D, which requires the "trailer" to be on the same lot as the building under construction, and that is not the case in this Application. Section 139 -6 of the By -Law states, "No... land, or part thereof, shall be used for any purpose or in any manner other than for one (1) or more of the uses hereinafter set forth as permitted in the district in which such...la.,u is located, or set forth as permissible by special permit in said district and so authorized." The Board reasoned that the granting of a Special Permit for the Applicant's use would, based upon all the evidence presented, no �o 4^ "ha�"+ ^„u with the general purpose and intent" of the Date r i 1 Linda F. W'lliams v I it �i i / J. O'Mara Dale W. Waine ) Mq&) NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 March 13, 1990 NOTICE A public hearing of the Board of Appeals will be held on Friday, March 30, 1990, at 1:00 p.m. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of: RICHARD S. ARNOLD Board of Appeals File No. OZCQ -90 �r seeking a Special Permit, if necessary, to llow the placement on his Lot 12 (the premises) and storage use of an approximately 8' x 40' box -like container in connection with Applicant's and Sharon J. Arnold's residence at 8 Winn Lane (non- contiguous Lot 4, Assessor's Parcel 41- 051.2); and, in the alternative, Applicant appeals from the decision of the Building Commissioner that the storage container use on his vacant lot is not a use permitted under the zoning Code, e.g., Section 139 -8A, -17 or -20D. The premises are at 14 Winn Lane, Assessor's Parcel 56 -204, Lot 12 on Page 4 of Book 4, and zoned Residential -1. William R. Sherman, Chairman BoA Form 1 -89 NANTUCKET ZONING DOARD OF APPEALS TOWN AND COUNTY DUILDING Date NANTUCKET, MA 02554 `t CASE No. APPLICATION FOR RELIEF Owner's name(s): Richard S. Arnold Mailing address: 8 Winn Lane Nantucket-, MA 02554 Applicant's name: same Mailing address: same Location of lot: Assessor's map and parcel number 56- 204 Street address: 14 Winn Lane I:egistry Land Ct Plan, Plan Bk & Pg or Plan File Bic 4- Pg 4 Lot 12 Date lot acquired: �� 89 Deed Ref _, Zoni�ig district is -1 Use: on lot - commercial: None X or MCD? - number of: dwellings 0 duplex 0 apartments —0 rental rooms 0 Building date(s): all pre -8/72? or C of 0? Building Permit appl'n. Nos. none Case Nos. all BoA applications, lawsuits: District Court 8988 CR 0472 State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose com,"Dared to present and what grounds you urge for BoA to make each finding per Section 139-32A if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -31A attach decision or order appealed. OK to attach addendum2. Cited "Use of Land Without Permit" per GL 40A -7, Nantucket Zoning Code 139 -20 1). Determine that storage box is not trailer, is not permanently installed, i:i il.lowed due to bldg. permit for 8 Winn Lane, and /or grant special permit ror use of property as its use is intrinsic to the completion of dwelling at 8 Wi-nn Lane. Please see Addendum. Items enclosed as part of this Application: orderl addendum2 Locus map Site plan showing present +planned "structures Floor plans present proposed elevations (HDC approved ?_) Listings lot area frontage setbacks GCR _ parking data Assessor- certifieU addressee �t 4 sets mal ing labels 2 sets_ 200 fee payable to Town of Nantucket proof _'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Applicant X Attorney /agent 3(If not owner or owner's attorney, enclose proof of authority) R. S. ARNOLD 2675 I' 8 WINN LANE %Z lG NANTUCKET, MA 02554 l __19_ 53 -542/ 113 PAY TO THE .� ORDER OF___�-1: -- -- _DOLLARS i�irifir tttinnttl atilt of Naliturket —may} NANTUCKET. MA , go 0:0 113054 2 21: 1"0 19 180 q0 2 "1� 16"Jm^Pl: •�: �mSltfffi.grQA/ //. �a- .,.�emSRl.��� •_�� ...U,�. —i e. -.. _ i� e�a""'9�mP -ri .i.'�wws4end fT� - c�R�ia 'fl4�iID p -„ _ § 139 -20 NANTUCKET CODE § 139.22 § 1 B. Not more than one (1) motor vehicle which is and for the immediately preceding thirty -day period has been disabled, dismantled or inoperative or unregistered shall be stored on any land in the town unless such vehicle is enclosed within a building. § 1 C. A trailer shall not be permissible either as a principal or accessory building and the use of a trailer for residential purposes isy r/o 'bite&in all districts. D. trai e may be used as a temporary office p y e or shelter incl ental to construction on the lot on which the trailer is located during such time as construction is actively under- way, but in no event longer than twelve (12) months. NUMBER NOTICE OF COMPLAINT HEARING IF m U THE DEFENDANT: SEE INSTRUCTIONS ON THE REVERSE SIDE. -- Trial Court of Massachusetts District Court Department COURT DIVISION Nantucket DWct C'oufl Broad Nantucket, Mil. 02564 DATE OF APPLICATION 9 -20-89 DATE OF OFFENSE 8 -23 -89 I PLACE OF OFFENSE 8 Winn Street NAME OF COMPLAINANT Ronald J. Santos - Town of Nantucket NO. QFFENSE G.L. Ch.-and Sec USE OF I.Affi! vrrH DT BE1mft 4"-7 2. NAME, ADDRESS AND ZIP CODE OF DEFENDANT Richard Arnold 8 Winn Street Nantucket, Ms. 02554 3. ' j 4. A hearing upon this complaint application DPyTEOFHEARING i,7JM% . HEARING will be held at the above court address on i'U I AT i 1 %-J. Lj..cj ibeu junKyaros. 13942 8-25-84 A storage container (8'x40') was placed on the vacant lot, 14 Winn Lane, in February of 1989, containing finishing lumbers and materials as well as some household items, to facilitate the completion of my residence. at 8 Winn Lane, two (2) Lots away. Due to overhead electric and utility lines and the small dimensions of the yard, this storage container cannot be "craned" on to the property. It was my understanding that with a valid building permit, I am allowed this type of storage facility. Mr. San Los 's comp]_a-i_nL and subsequent MagistraLe's Hearin;, allowed no storage-type use of any vacant land without a cur- rant building permit. The two abutters present at that hearing gave emot=ionally based and groundless objections regarding the storage container on the fictional facts that I was conducting a commercial business from the lot. Loth are seasonal residents and expressed fears that their property values had been diminished by my "disregard" of the area zoning. Realistically, the only change to these values I pointed out was the declining market on Nantucket and, conversely, the high purchase price and as- sociated offers that I have made on other abutting property. Although 8 and 14 Winn Lane are not contiguous, their close proximity, I feel, allows an interpretation of the ancillary use of 14 Winn Lane. If I had had the extra finances, I am allowed to park a regi_etered roadworthy box trailer on a public way with certain limitations. My predicament is identical with the "Oldest House" reno- vation where the IIistori_cal Association place a similar contain- er on a lot it purchased not contiguous with the construction site. Other than Mr. Santos's retort that no one has filed a com- plaint and therefore there is no violation, my positon is that 1 am not violating local zoning either, and the resolve to place a storage container on a vacant, treed lot is far better than its placement five (5) feetoff grade on a trailer harked in the street. If Lh:is Board decides that I am in vio[aLi_on of zoning regu- lations, as written, and therefore an Appeal is valid, I ask re- lief as follows; ''A special permit, for a 12 month period, to allow the placement and use of a storage container at 14 Winn Lane limited to the construc- tion at 8 Winn Lane.'' Respectfully Submitted By: R.S.Arnold 8 Winn Lane Nantucket, MA 02554 ( 31.) `kk,.. 70 QUITCLAIM DEED WE, JEREMIAH M. SPLAINE and MARY BETH SPLAINE of 10310 Briar Forest, Houston, Texas 77042 and 24 Sunset Hill, Nantucket Town and County, Massachusetts 02554, respectively, for consideration paid, and in full consideration of 014L HUNDRED THIRTY THOUSAND and 00 /100 ($130,000.00) DOLLARS grant to S RICHARD /ARNOLD of Winn Street, Nantucket, Massachusetts 02554 with QUITCLAIM COVENANTS the vacant land in the Town and County of Nantucket, Massachusetts, situate at 14 Winn Street and more particularly bounded and described as follows: WESTERLY by Winn Street, seventy -five and 00 /100 (75.00) feet; NORTHERLY by Lot 13, as shown on said plan, one hundred seventy -three and 59/100 (173.59) feet; EASTERLY by Lot 7, eighty and 06/100 (80.86) feet; and SOUTHERLY by Lot 11, one hundred seventy -five and 50 /100 (175.50) feet. Containing, according to said plan, 13,593 square feet, more or less. Being shown as Lot. 12 on plan drawn by Essex Survey Service, dated December 24, 1974, approved by the Nantucket Planning Board January 13, 1975 as Plan No. 1398 and.filed in the Nantucket Registry of Deeds in Plan Book 19, Page 4 on January 14, 1975. For our title, see deed recorded in Book 100, Page 160 at said Registry. WITNESS our hands and seals this 3 day of January, 1909. ,deremia'h M. plaine Mary Beth Sp ail ne - Page One of Two - BD � THE COmMOmnoxcuH or MASSACHUSETTS Nantucket, ss' January 7:� , znun Then personally opne^zcu the above-named Jeremiah n cploiou i and acknowledged the foregoing instrument to be his free act and i deed, before me, � � Notary Public Notary Puhile My commission WflPfivKhmion I -) ExPit(fafipril 20,'1 COS, THE commomnouLzo OF MASSACHUSETTS 1) Nantucket, uo. January 3 , louo Then personally appeared the above-named Mary Beth splaina and acknowledged the foregoing instrument to be her free act and deed, uccorc me, Notary Public ZY MY commission expire:"* cuoX53 ^L� DEEDS R[o 16 �� F NANTUCKET (2 . . V 01/03/0 9 ^ ' -------- '~~~- l TAX.' :296.48 CASH`-'.296.48 nxmroCxET COUNTY ^ ^"~�� *vco/»uu oou smo�d 83J8A0oo 1^;22 JAN 3 �� //\/ '5-^11�/ .,EXCIS�TAX 1989 ^ - Page Two of Two BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY DUILDING Date NANTUCKET, MA 02554 CASE No. - APPLICATION FOR RELIEF Owner' s name (s) : Richard S. Arnold Mailing address: 8 Winn Lane Nantucket-, MA 02554 Applicant's name: same Mailing address: same Location of lot: Assessor's map and parcel number 56- 204 Street address: ] 4 Winn Lane Registry Land Ct Plan, Plan Bk & Pg or Plan File Bk 4- Pg 4 Lot 12 Date lot acquired: 89 Deed Ref Zoning district R -1 Uses on lot - commercial: None X or MCD? - number of: dwellings 0 duplex 0 apartments —0 rental rooms 0 Building date(s): all pre -8/72? or C of 0? Building Permit appl'n. Nos. none Case Nos. all BOA applications, lawsuits: District Court 8988 CR 0472 State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose com,?ared to present and what grounds you urge for BOA to make each fin 'ling per Section 139 -32A if Variance, 139 -30A if a Special Pe=it (and 139 -33A if to alter or extend a nonconforming use). If zppeal per 139-3,A & B _ , attach decision or order appealed. OK to attach addendum . Cited "Use of Land Without Permit" per GL 40A -7, Nantucket Zoning Code 139 -20 D. Determine that storage box is not trailer, is not permanently .installed, is allowed due to bldg. permit for 8 Winn Lane, and /or grant special permit For use of property as its use is intrinsic to the completion of dwelling at 8 Winn Lane. Please see Addendum. Items enclosed as part of this Application: orderl addendum? Locus map Site plan showing present +planned structures Floor plans present proposed elevations (I-.DC approved ?_) Listings lot area frontage setbacks GCR _ parking data Assessor - certifies addressee list 4 sets ma ;_ ling labels 2 sets_ '200 fee payable to Town of Nantucket proof3 'cap' covenant I(If an appeal, ask Town Clerk to send Bldg Comn's record to BOA.) I certify that the requested information submitted is substantially;, complete and true to the best of my knowledge, under the pains and - penalties of perjury. 1: SIGNATURE: Applicant X Attorney /agent 3(If not owner or owner's attorney, enclose proof of authority) R.S.ARNOLD 2675 8 WINN LANE NANTUCKET, MA 02554 19YO- 53-542/113 PAY TO THE ORDER $ (7tO 0 L L A R S of Nalltifflu'l N-TUCKET, MA 1:0113054 221: 111019 1809112 29 5 A storage container (8'x40') was placed on the vacant lot, 1.4 Winn Lane, in February of 1989, containing finishing lumbers and materials as well as some household items, to Facilitate the completion of my residence at 8 Winn Lane, two (2) lots away. Due to overhead electric and utility lines and the small dimensions of the yard, this storage container cannot be "craned" on to the property. It was my understanding that with a valid building permit, I am allowed this type of storage facility. Mr. Santos's complaint and subsequent Magistrate's Hearing allowed no storage -type use of any vacant land without a cur- rant building permit. The two abutters present at that hearing gave emotionally based and groundless objections regarding the storage container on the fictional facts that I was conducting a commercial business from the lot. Both are seasonal residents and expressed fears that their property values had been diminished by my "disregard" of the area zoning. Realistically, the only change to these values I pointed out was the declining market on Nantucket and, conversely, the high purchase price and as- sociated offers that I have made on other abutting property. Although 8 and 14 Winn Lane are not contiguous, their close proximity, I feel, allows an interpretation of the ancillary use of 14 Winn Lane. If I had had the extra finances, I am allowed to park a registered roadworthy box trailer on a public way with certain limitations. My predicament is identical with the "Oldest Mouse" reno- vation where the Historical. Association place a si.mi_lar contain- er on a lot it purchased not contiguous with the construction site. Other than Mr. Santos's retort that no one has failed a com- plaint and therefore there is no violation, my positon is that I am not violating local zoning either, and the resolve to place a storage container on a vacant, treed lot is far better than its placement five (5) feetofT grade on a trailer parked in the street. If this Board decades that I am in violation of zoning regu- lations, as written, and therefore an Appeal Ps valid, [ ask re- lief as follows; "A special permit, for a 12 month period, to allow the placement and use of a storage container at 14 Winn Lane limited to the construc- tion at 8 Winn Lane." Respectfully Submitted By: R.S.Arnol.d 8 Winn Lane Nantucket, MA 02554 fir' ?0 IQUITCLAIM DEED WE, JEREMIAH M. SPLAINE and MARY BETH SPLAINE of 10310 Briar Forest, Houston, Texas 77042 and 24 Sunset Bill, Nantucket Town and County, Massachusetts 02554, respectively, for consideration paid, and in full consideration of ONE HUNDRED THIRTY THOUSAND and 00 /100 ($130,000.00) DOLLARS grant to RICHARD /ARNOLD of Winn Street, Nantucket, Massachusetts 02554 with QUITCLAIM COVENANTS the vacant land in the Town and County of Nantucket, Massachusetts, situate at 14 Winn Street and more particularly bounded and described as follows: WESTERLY by Winn Street, seventy -five and 00 /100 (75.00) feet; NORTHERLY by Lot 13, as shown on said plan, one hundred seventy -three and 59/100 (173.59) feet; EASTERLY by Lot 7, eighty and 86/100 (80.86) feet; and SOUTHERLY by Lot 11, one hundred seventy -five and 58 /100 (175.58) feet. containing, according to said plan, 13,593 square feet, more or less. Being shown as Lot. 12 on plan drawn by Essex Survey Service, dated December 24, 1974, approved by the Nantucket Planning Board January 13, 1975 as Plan No. 1398 and.filed in the Nantucket Registry of Deeds in Plan Book 19, Page 4 on January 14, 1975. For our title, see deed recorded in Book 180, Page 160 at said Registry. WITNESS our hands and seals this 3 day of JaPPuuary, 1989. ,r ,Jeremiah M. plaine Mary BethMary�ne - Page One of Two - • 3� 5 80 THE COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. January , 1989 Then personally appeared the above -named Jeremiah M. Splaine and acknowledged the foregoing instrument to be his free act and deed, before me, ot�Public - 66ATHERINEH:Coupe Notary Public _, a My commission Whin =ntutonExpltdrfipr112or1 ©05: sr THE COMMONWEALTII OF MASSACIUSETTS Nantucket, ss. January 3 1989 Then personally appeared the above -named Mary Beth Splaine and acknowledged the foregoing instrument to be her free act and deed, before me, Notary Public My commission expires'✓ `,j chc053 N1) t"e• ilk'K FEE - ^� -� rnr� crnnrtr.�nart NANTUCKET COUNTY Received and Entertad JAN 3 1989 //"V5-/V/1 Rctplalor DEEDS REG 16 NANTUCKET 01/03/09 I 'r `TAX . - .• 296.40 CASH 0,nbAD00 15 :22 ExCISE TAX - Page Two of Two - •