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Home My WebLink About068-91OG<2 -.91 COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE Joanne M. Holdgate Town Clerk TOWN CLERK NANTUCKET, MASSACHUSETTS 02554 April 10, 1992 TO WHOM IT MAY CONCERN: I, Joanne M. Holdgate, duly elected Clerk of the Town of Nantucket, hereby certify pursuant to MA. GENERAL LAWS Chapter 40A, SECTION 11 that an Appeal of this special permit 068 -91, was taken to the Superior Court as Case #91 -114; and that the parties by stipulation have dismissed such appeal with prejudice, without cost to any party, and with all parties waiving all rights of appeal as appears from the Superior Court Clerk's Certificate dated April 3, 1992 and stipul tion of dismissal di /smissal documents filed April 3, 1992. C/ / Joanne M. Holdgate, Town Clerk COMMONWEALTH OF MASSACHUSETTS Nantucket, ss FRANCES PURCELL VS. Superior Court Civil Action No. 91 -114 NANTUCKET BANK, LINDA WILLIAMS, DALE W. WAINE, MICHAEL O'MARA, ROBERT J. LEICHTER, AND PETER F. DOOLEY CLERK'S CERTIFICATE I hereby certify Stipulations of Dismissal have this day been filed and docketed with respect to the above — entitled action. This case is no longer pending in the Nantucket Superior Court and has been taken off the active list. Dated at Nantucket this 3rd day of April, 1992. -�- C erk /Magistrate COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. FRANCES PURCELL, Plaintiff, v. NANTUCKET BANK, LINDA WILLIAMS, MICHAEL O'MARA, PETER DOOLEY, ROBERT LEICHTER and DALE WAINE (as they are members of the Zoning Board of Appeals of the Town of Nantucket), Defendants Superior Court Civil Action No: 91 -114 STIPULATION OF DISMISSAL The Plaintiff to the above captioned matter hereby stipulates that the action may be dismissed with prejudice, without cost to any party, and with all parties waiving all rights of appeal. NANTUCKET SUPERIOR COURT A TRUE COPY, CERTIFIED CLER kah /15 /PATERSO4 PLAINTIFF: Frances Purcell, By her attorney: i Frank K. Duffy, Jr. Locust Street Post Office Box Q -157 Falmouth, Massachusetts 02541 FILES _ ATTE�.j. APR -319 92 WN�CKET c over cc ;. COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. FRANCES PURCELL, Plaintiff, M NANTUCKET BANK, LINDA WILLIAMS, MICHAEL O'MARA, PETER DOOLEY, ROBERT LEICHTER and DALE WAINE (as they are members of the Zoning Board of Appeals of the Town of Nantucket), Defendants Superior Court Civil Action No: 91 -114 STIPULATION OF DISMISSAL Defendant, Nantucket Bank, to the above captioned matter, hereby stipulates that the action may be dismissed with prejudice, without cost to any party, and with all parties waiving all rights of appeal. DEFENDANT: Nantucket Bank, By ' s attorney: /• 146a, z rthur I. Reade, Jr". Reade & Alger Professional Corporation 6 Young's Way Post Office Box 2669 Nantucket, Massachusetts 02584 FILES AT <- APR 31992 NANT(jck t Coup, kah /15 /PATERS05 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. Superior Court Civil Action No: 91 -114 FRANCES PURCELL, Plaintiff, v. NANTUCKET BANK, LINDA WILLIAMS, MICHAEL O'MARA, PETER DOOLEY, ROBERT LEICHTER and DALE WAINE (as they are members of the Zoning Board of Appeals of the Town of Nantucket), Defendants STIPULATION OF DISMISSAL Defendants, Linda Williams, Michael O'Mara, Peter Dooley, Robert Leichter and Dale Waine (as they are members of the Zoning Board of Appeals of the Town of Nantucket), to the above captioned matter, hereby stipulate that the action may be dismissed with prejudice, without cost to any party, and with all parties waiving all rights of appeal. kah /15 /PATERS06 DEFENDANTS: Linda Williams, Michael O'Mara, Peter Dooley, Robert Leichter and Dale Waine (as they are members of the Zoning Board of Appeals of the Town of Nantucket), By their ar\torney-:A A John C. Fo ett Deutsch Wil iams Brooks DeRensis olland & Drachman 99 Summer S reet Boston, Massachu L 02110 E C ATTEST AM ^ 3 1992 NANTUCt,� -j �. 1tiR1 r+ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: Nov. 20 ' 1991 To: Parties in Interest and.Others concerned with the Decision of the BOARD. OF APPEALS in the Application of the following: " Application No.: 068 -91 - Owner /Applicant: NANTUCKET BANK AS OWNER AND Uv11- PATERSON, AS CONTRACT PURCHASER - 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 CCA, VassachusettS General Laws. ny G L v lion a;Dp ealing tl- i:e Decision ;i:St be b-- ro:ight by T?'^ :? ( 10 -z= Ys f i i i,ng an cicJ, -ipla? • =t in court within Tit-,;V \ V � s �- this day's date. Notice of the action with a copy of the comoi a i nt and certified copy o-. the Decision must be given {-o +l.p T'.'Wn Clerk so -=s to rece—i 'e�/�'lt:i'_ (20) days. i Robert J. Xei�hter,, Cnal_-:-_n cc: Town Clerk Planning Board Building Commissioner BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS Decision: The Board of Appeals, at a public hearing held on Friday, October 18, 1991, at 1:00 P.M., at the Town and County Building, Nantucket, made the following decision upon the application of NANTUCKET BANK, as owner, and NEIL PATERSON�oxa 66��Rtrec ket Purchaser (068 -91). address: c/o Reade and Alger, MA 02554. 1. This is an application for a special permit under Nantucket Zoning By -Law Section 139 -9.B (2) (b) and (c), for use of the subject premises for storage and fabrication and assembly of landscaping supplies for off -site use. The subject property (the "Locus ") is located at 60 BARTLETT ROAD (Assessor's Parcel 66 -409), Land Court Plan 2893 -1-S, Lot 167, and is zoned as RESIDENTIAL - COMMERCIAL -2. 2. The applicant proposes to construct a building upon the Locus for storage of landscaping supplies, and fabrication and assembly of said supplies for off -site use. A portion of the Locus will be used for screened, outside storage of landscaping supplies including stone cutting work. 3. We have no difficulty in finding, and do find, that the proposed uses of the Locus for storage and fabrication and assembly of landscaping supplies for off -site use as described, will be in harmony with the general purpose and intent of the by -law. 4. The relief hereby granted is subject to the condition that hours of operation for the commercial use upon the premises shall between the hours of 7:30 A.M. and 6:00 P.M. 5. For the reasons hereinstated, and subject to the foregoing condition, this Board grants a Special Permit under Section 139 -9.B (2) (b) and (c) as requested, by unanimous vote. Dar, � : / //t4j, r,L0, , 1991. Robert Jk' 'eichter Linda F. Williams 1 I,e,- 2-ev _y ev, �_� ,s� �. G e, (dda /18 /Paterson) COMMONWEALTH OF MASSACHUSETTS NANTUCKET, ss. FRANCES PURCELL, Plaintiff V. NANTUCKET BANK, LINDA WILLIAMS DALE W. WAINE, MICHAEL O'MARA, ROBERT J. LEICHTER AND PETER F. DOOLEY, Defendants SUPERIOR COURT C. A. NO. C�\-\Jq NOTICE OF FILING COMPLAINT (Appeal of Decision by the Nantucket Board of Appeals, in the application by ' 6 r File No. 068 -91, dated November 20, 1991. TO: Nantucket Bank TO: Clerk 104 Pleasant Street Town of Nantucket Nantucket, MA 02554 Nantucket, MA 02554 Please take notice that a Complaint was filed by this office as counsel for Frances Purcell, wherein an appeal of the decision by the Nantucket Board of Appeals in the application by Frances Purcell, File No. 068 -91, dated November 20, 1991 a certified copy of which is attached hereto marked Exhibit "A ". PLAINTIFF By her Attorney Wayne F. Holmes, Esquire Holmes, Hays and Fitzgerald 35 Center Street P. O. Box 1108 Nantucket, MA 02554 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: Nov. 20 ' 1991 To: Parties in Interest and. Others concerned with the Decision of the BOARD. OF APPEALS in the Application of the following: Application No. 068- 9191 - Owner /Applicant: NANTUCKET BANK AS OWNER, Anm upTT- PATERSON, AS CONTRACT PURCHASER Enclosed is the Decision of the BOARD OF APPEALS z:'hich has this day been filed in the office of the Nantucket Town Clerk. -in lnoeal prom this Decision may ba taken pursuant to Section 17 or Chapter 40A, maccachusetts General Laws. ny a�.tlon :pp ealin.g t %� Decision :,li:st .:'_ "O iC.t� r� rtlth?n T�'•�:T1 ( %.1.) =ys i.ill;i� an �_•J1Tta131..v .n cc. V%' this day's date. Notice of the action with a copy of the com-,D ai -t =nd certified cony of the Decision Muses .%e given to thP Tcwn Clerk. so -= s �O .^rte r ecel °� (20) days. / / �oB'er-t J. cc: c-V.n Clerk Planning Board Building Commissioner i�hter,, Chair Attest: A True copy, Nantucket Town Cle COMMONWEALTH OF MASSACHUSETTS NANTUCKET, ss. FRANCES PURCELL, Plaintiff V. SUPERIOR COURT C.A. NO. Rl • l ly NANTUCKET BANK, LINDA WILLIAMS, DALE W. WAINE, MICHAEL O'MARA, ROBERT J. LEICHTER, PETER F. DOOLEY, Defendants COMPLAINT (Appeal of Decision by the Nantucket Board of Appeals, File No. 068 -91, dated November 20, 1991) INTRODUCTION COMES NOW, FRANCES PURCELL, (hereinafter referred to as "Plaintiff ") by and through their undersigned attorney, and pursuant to the Massachusetts General Laws, Chapter 40A, Section 17, file their Complaint against NANTUCKET BANK (original applicant, hereinafter referred as "the Bank ") and Linda Williams, Dale W. Waine, Michael O'Mara, Robert J. Leichter, and Peter F. Dooley (members of the Nantucket Board of Appeals, (the Bank and all members of the Nantucket Board of Appeals are sometimes herein- after referred to jointly as "Defendants "), and in support hereof, states as follows: FACTS The Bank filed an application with the Nantucket Board of Appeals, File No. 068 -91, (the "Application ") seeking the issuance of a special permit under the Zoning Ordinances and By -Laws of Nantucket, Section 139 -9.B, to alter the use of the premises of the located at 60 Bartlett Road, to allow stone cutting, fabrication and assembly of Granite and construction of a storage shed work area. The Nantucket Board of Appeals scheduled a hearing on the Application for October 18, 1991. Additionally, Plaintiff, FRANCES PURCELL, submitted to the Nantucket Board of Appeals a written letter in opposition to the Westmoor Application. The grounds for BOA Form 1 -89 NANTUCKET ANDZONING COUNTYBOARD BUILDING APPEALS Date NANTUCKET, HA 02554 �� CASE NotA1�k owner's name(s): APPLICATION FOR RELIEF Nantucket Bank Mailing address• c/o Reade & Alger Professional Corporation, Six Young's Way, Post ice Box a Nant'' et, Massc usetts Off Applicant's name: Neil Paterson (contract purchaser) - Mailing address: same Location of lot: Assessor's map and parcel number 66 - 409 Street address: 60 Bartlett Road Registry Land Ct Plan, Plan Bk & Pg or Plan File 28933 -S Lot 167 Cert. of Title No. 14882 RC -2 Date lot acquired: X20 1 Deed Ref _,_ Zoning district Storage, fabrication and assembly Uses on lot - commercial: None _ or of component parts MCD. No - number of: dwellings_ duplex_ apartments_ rental rooms — Building date(s): all pre -8/72? _ or kiarantl C of O ?ljQ-- .Building Permit appl'n. Nos. 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 you urge for BOA to make each finding per Section 139 -32A if Variance, 139 -30A X if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -31A -&-B _ , attach decision or order appealed. OK to attach addendum . Applicant requests a Special Permit under Nantucket Zoning By -law Section 139- 9.B(2)(b) and (c), to use the property for storage, fabrication and assembly of landscaping supplies for off -site use. Items enclosed as part of this Application: orderl addenduml Locus map x Site plan x showing present +planned x structures Floor plans present proposed — elevations (HDC approved ?_) Listings lot area frontage setbacks GCR parking data Assessor- certifieTaddressee 1st 4 sets x mailing labels 2 sets?r 200 fee payable to Town.of Nantucketx proof . 'cap' covenant (If an appeal, ask Town Clerk to sen3 Bldg Com 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 p ur Y SIGNATURE: Applicant _ Attorney /agent �( 3(If not owner or owner's attorney, enclose proof of authority) emdl 9171/ *AWfA�IA40 FOR Bo OFFICE USE Application copies recd: 4r_ for BoA on� by One copy filed with Town Clerk on�� by complete ?lam One copy each to Planning Bd and Building DeptR4a Y� fee check given Town Treasurer on_2,�? L by C4�waived?- $200 f g -�,�y cy / �► ,n' Q� Hearing notice postesl/72 � mailed �/�' q2 & Hearing (s) one_/_ cont' d to__/--/_, withdrawn ?__/_/_ Decision due by__/__/_ made_/_/_ filed TC_/_ _ mailed_/_