HomeMy WebLinkAbout022-05
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
!hore?? ~?
, 2005"
\
To: Parties in Interest and. Others concerned with the
Decision of .the BOARD OF APPEALS in the Application of the
following:
Application No.: Q~ ;J~O~
Owner/Applicant: . NOy)Tod-er _rDOt}e ~ee0 ~L.~
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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 pursu~nt 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.
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y !:1. Vf"'~(lS) Cha i-rman
cc: Town Clerk
Planning Board
Building Commissloner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMJ.T AND WILL EXPIRE IF NOT ACTED UPON ACCORDING-TO NANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); fi139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Assessor's Map 55, Parcel 288
Residential-Commercial &
Mid-Island Planning Overlay Districts
4 Dave Street
Deed Book 932, page 326
Lot 18, Plan File 33-D
DECISION:
The Board of Appeals at a Public Hearing held on Friday, March 11, 2005, at 1:00
p.m. in the Town and County Building at 37 Washington Street, Nantucket,
Massachusetts, made the following Decision on the Application (022-05) of
NANTUCKET DAVE STREET, LLC, of P. O. Box 1139, Nantucket, Massachusetts 02554:
1. Applicant is seeking relief by V ARIANCE under Nantucket Zoning By-
law Section 139-12(2)(B) (Neighborhood Employee Housing Overlay District or
"NEHOD") and Section 139-2(Definitions). Applicant was granted a Special Permit by
the Planning Board, the special permit granting authority in the Mid-Island Planning
Overlay District ("MIPOD"), to convert the two existing dwellings on the Locus to
employer dormitories with a maximum of 18 persons on site as allowed under the By-
law. The NEHOD regulations provide for a maximum of nine employees per dwelling
unit with a maximum of 18 allowed on site. Applicant requests variance relief in order
to allow a maximum of 13 employees to be housed in the larger dwelling to the rear of
the lot, more than the allowed maximum of nine in each structure. There would
continue to be a maximum housed on the site of 18. The other smaller dwelling would
have a maximum occupancy of five and would no longer need any relief to be
converted to dormitory use. The Locus is conforming in all respects as to zoning
requirements.
The Premises is located at 4 DAVE STREET, Assessor's Map 55, Parcel 288; Plan
File 33D, Lot 18. The property is zoned Residential-Commercial (with overlay districts
of MlPOD and NEHOD).
2. The Board's Decision is based upon the Application and materials
submitted with it, plans, and representations and testimony received at the hearing. No
abutters were present at the hearing and there were no letters on file. The Planning
Board made a favorable recommendation. Andrew Vorce, the Acting Planning
Commission Director, was present at the hearing and spoke in favor of the Application
stating that it was an oversight in the By-law as written that special permit relief was
not available under the NEHOD over-lay for minor adjustments for existing buildings.
The By-law had been written more to address new construction.
3. The Nantucket Planning Board, in its file No. 20-04, had granted the
Special Permit, by a unanimous vote, required under the NEHOD and MlPOD
provisions of the Zoning By-law for the existing dwellings on this site to be converted
to dormitories, subject to specific conditions including the implementation of a dorm
management plan, and also waived the required parking spaces, other than the five
spaces already provided on the site. The Planning Board's decision was recorded in
Book 932, page 324 at the Nantucket Registry of Deeds. Applicant, through counsel,
represented it had recently purchased the Premises, which consisted of two single-
family dwellings, which conformed to all of the dimensional requirements of the
Residential-Commercial zoning district within which it was situated. The rear
structure, however, was significantly larger than the front building and a previous
owner had leased the rear structure as a seven-bedroom house with up to 14 persons of
occupancy each year without any relief from this Board. The Applicant now requested
relief to house 13 persons in the rear building, with the front building limited to five
persons. The site had unusually steep topography requiring that the existing houses be
built into the hillside with three floors of living space as a result. This site topography
and the location of the existing structures made the design of the modifications required
for compliance with dormitory fire and building code requirements difficult. The
Nantucket Historic District Commission had approved the modifications required for
the rear building, but had not approved the modifications requested for the front
building particularly as to secondary means of access. With this proposal, the front
building would not be converted to a dormitory, and by remaining a single-family
dwelling it would be limited to no more than five persons of occupancy, thereby
keeping the total number of employees on the site at the maximum of 18.
4. Applicant represented that the neighbors who attended the public
hearings conducted by the Planning Board were concerned about proper management
and supervision of the employees who would be housed in the dormitories. The
Planning Board imposed a dormitory management plan and other conditions to
address those concerns. The lower density of employees living in the front building
would result in those rooms being more desirable housing and therefore being assigned
to more senior employees of the Applicant. Applicant represented that there would be
a strong likelihood that the more senior employees in the front building would have a
beneficial effect on the conduct of the employees as a whole on the site. The Applicant
affirmed that the dormitory management plan required by the Planning Board would
continue to apply to all occupants of the site regardless of which building they lived in,
even though the front building would not technically be considered a dormitory under
the zoning and building codes. Applicant stated that the property was ideal for
dormitory use as promoted by the MIPOD goals and objectives, as the property was on
the shuttle route and proximate a major shopping area. Applicant also agreed that it
had to reapply to the Planning Board to seek a modification of that Special Permit
should relief be granted by this Board.
5. Therefore, based upon the foregoing, the Board finds that the difficulty in
modifying the front building so as to comply both with fire and building codes and
with the requirements of the Historic District Commission creates a hardship for the
Applicant given the existing conditions on the lot. The situation and facts presented do
not generally affect the zoning district but rather are uniquely related to the topography
of the lot and the existing buildings. The Board finds, based on the information
presented at the hearing, that the desirable relief may be granted without substantial
detriment to the public good and without nullifying or substantially derogating from
the intent or purpose of the By-law given that the Planning Board's decision, and the
conditions thereof, would remain in effect and both buildings would be affected by said
decision. The Board also notes that the property would be upgraded, which would be a
benefit to the neighborhood, and the dormitory is an appropriate use in this district.
6. Accordingly, by a UNANIMOUS vote, the Board hereby GRANTS the
requested relief by V ARIANCE pursuant to Nantucket Zoning By-law Section 139-32
from the requirements of Section 139-12C(2)(b) and 139-2 to permit the rear building on
the Premises to be converted to a dormitory with an occupancy of up to 13 employees,
provided that the front building remain a single-family dwelling with a maximum
occupancy of no more than five persons, with a total of 18 employees on site. The relief
granted hereby is conditioned upon the following:
a. The Board hereby adopts the dormitory management plan required by
the Planning Board in its Decision in File #020-04 and i~^l{11 re<<O.~1J li1
place as to both structures on the Premises, a copy of which is attached
hereto as Exhibit B; and
b. The parking shall be in substantial conformance with the "Plot Plan",
done by Jeffrey Blackwell, dated August 25, 2004, revised October 2,
2004 and revised February 8, 2005, a reduced copy of which is attached
hereto and marked as Exhibit A.
Dated: 1>1:J~ ~CJ
, 2005
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Edward Murphy
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NOTE: 5E:E: /!.RCHITECTU,::.AL
PLANS POR F/JITHs<'
DErAILS ABoUT THE CoN-
VE:~INi OF rnSTING PEC/(
A.ND STEPS.
ORIGINAL SIGNED AND STAMPED COPIES OF THIS PlAN MAY BE
PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET
COUNTY REGISTRY OF DEEDS FOR RECORDING PURPOSES.
IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED
HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PlAN, ONlY
ORIGINALLY STAlMlED AND ENDORSEDED COPIES SHAll BE
ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR.
THIS PLOT PlAN W/lS PREPARED TO ACCOMPANY AN APPlICATION
TO THE NANTUCKET IlQI,RO OF APPEALS AND IS NOT TO BE
CONSIDERED A FUll INSTRUMENT SURVEY.
THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES.
FENCES, HEDGES OR ANY ANCIllARY STRUClURES ON THE PREM5ES.
THE PROPERTY LINES SHOWN RElY ON CURRENT DEEDS AND PLANS
OF RECORD.
Plot Plan to Accom:pa:n,y
Board, of App~als Application
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Na:ntucket, },{ assackusetts
1(1;1/. n::'B. &. ZOO5
SCALE: 1 U= Zoo DATE: ALJ'. .25, 2004
RE:V. OCT. Z. 2004
Owner: . ~L:I~~f,J. .~~t;JYS:TT. . '<1!TT:E: . . . . .
. .f~I1I.L..r!. . .\{J.r:rr;:. . . . . . . . . . .
lOT 18
Deed/Cert.: .8.2.5.-,1/:'7. .. Plan: r::"i.L~. 9~:r-? . .
Tax Map: .5?,.- ?{3~. Locus: ~1 Pf:y'f; .~"( . . . .
THIS PLOT PlAN IS NOT A CERTIfiCATION /oS TO TO THE TITLE OR
OWNERSHIP Of THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES
ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET /oSSESSOR
RECORDS.
THIS PlAN MAY NOT BE USED FOR Mf( OTHER PURPOSE THAN ITS
INTENDED USE NOTED ABOVE.
Blackwell '" Asiociotes Inc. FBI<.:
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BLACKWELL ct ASSOCIATES, Inc.
Professional Land Stl.nJ81/DrS
20 Teasdale Circ.le
Na.ntucket, Ala.ssa.ch.usetts 02554
(608) 228-9DZ6 B- C3~
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BOOK
9 3 2 PAGE 03 24
NANTUCKET PLANNING BOARD
APPROVAL OF A SPECIAL PERMIT
Planning Board File # 20-04
Nantucket Registry of Deeds Plan File 33-D, Lot 18
Nantucket Tax Assessors Map 55, Parcel 288
4 Dave Street
Applicant: Nantucket Island Resorts
Owner: Philip Witte and Susan Bennett Witte
November 22, 2004
Proposal:
The applicant is requesting a Special Permit pursuant to Zoning Bylaw sections 139-9 (Residential Commercial District),
139-12C (Neighborhood Employee Housing Overlay District), and 139-12G (Mid-Island Planning Overlay District) to
convert two (2) existing structures to employee dormitories for Nantucket Island Resorts. The proposed dormitories
would house a maximum of eighteen (18) persons and five (5) parking spaces would be provided on the site.
Basis of the Findings:
The Board's findings and decision were based on the following:
.
An application dated August 24,2004 for a Special Pennit;
Plan entitled "Plot Plan to Accompany Board of Appeals Application in Nantucket Massachusetts,"
prepared by Blackwell & Associates, Inc., dated August 25, 2004;
Dormitory Management Plan submitted by the applicant dated October 14,2004;
A staff report dated September 27,2004;
Testimony received at the public hearings held on September 27,2004, October 14, 2004, and October 25,
2004; and
Other assorted documents which are on file with the Planning Board.
.
.
.
.
.
The public hearing was closed on November 22, 2004.
Findings:
The PI~g fioard finds that the proposal is consistent with the :MIPOD and is an appropriate use for the site based
'ontheJollowing:.~ ..
· The 'Site is connected to Town water and sewer, therefore it can handle the intensity of the proposed use;
. The site IS located, within the Town Overlay District and the NEHOD;
,-, ,-_ · The site islocat~dwithin very close proximity to a Nantucket Regional Transit Authority (NRTA} stop;
/. .._.. The site is withID. close walking distance to necessities (i.e. grocery store, hardware store, drug store, eating
- est,a~lis'hments, etc.); and
· Th:;i0~0s.ed use of the site as a donnitory would provide additional housing for seasonal and! or year
. , ,,.".~.,round employees.
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1 East Chestnut Street · Nantucket, MA 02554. (508) 228-7233 · fax (508) 228-7298
email: nanplan@town.nantucket.net
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9 3 2 PAGE 0 325
Decision and Vote:
A motion was made and duly seconded to approve the Special Permit for Nantucket Island Resorts -with the following
conditions:
1. That the total number of residents on the site not exceed eighteen (18) persons;
2. That, in the event modifications to the structures are required by the Historic District Commission (HOC) in
connection with providing additional fire egress to meet building codes, the applicant may increase the ground
cover from the existing 20.7% to no more than 25% without further relief from the Planning Board;
3. That an apron pursuant to Zoning Bylaw section 139-20.1B(2)d be constructed at the driveways intersection
with Dave Street. This apron shall be a minimum depth of ten (10) feet and shall be a maximum width of
fifteen (15) feet;
4. That the parking area be screened with appropriate materials as specified in Zoning Bylaw section 139-19A;
5. That the parking space on the southeast side of the site be eliminated or that the applicant obtain an easement
from the abutting property owner. If an easement is obtained, it shall be recorded with the Registry of Deeds
and a copy shall be presented to the Planning Board prior to the issuance of a Certificate of Occupancy;
6. That a waiver from Zoning Bylaw section 139-18 be granted for five (5) parking spaces;
7. That at anytime the Planning Board detennines, based on complaints by neighbors that 4 Dave Street residents
are parking illegally on adjacent properties and that the on-site parking is not adequate, the Planning Board may
re-open the public hearing and either impose additional conditions or reduce the occupancy of the structures;
8. That the applicant! owner/lessee of the site provide NRTA passes annually to the tenants of the donnitory;
9. That the employee contract for those Nantucket Island Resorts employees who are living in the dormitories
state that the employee is prohibited from having a vehicle on the site unless a parking space is specifically
designated for that employee. Violation of said condition of employment shall result in tennination. A copy of
said contract which includes this language shall be submitted to the Planning Board within ninety (90) days
from the date of this decision (October 25,2004);
10. That the residents of the site be prohibited from storing any materials (i.e. personal belongings) outdoors;
11. That four (4) bike racks shall be installed on the site for the exclusive use of the employee residents. The
location of the bike racks shall be indicated on the final as- built plans;
12. That a final as-built of all site improvements be submitted by the applicant;
13. That Planning Board staff inspect the site prior to the issuance of a Certificate of Occupancy.
On November 22,2004 the Planning Board voted 4 -0 to APPROVE this Special Pennit and to ENDORSE this
decision.
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APPROVED
ATTEST: A TRUE COpy
DEe 2 3 2004
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CDMMONWEAL1H OF MASSACHUSETTS
Nantucke~,:SS U!:! . fI tln:-flAf1t-1l---z., '3 ,2004
:,';...,.."".....;>/...A./J -r..' .1.(' . NANTIICKETTOWN CLERK
Tlienperso a eare'd1?~W]Vf1' ,.. vi) C~ one of the above-named members of the Planning Boalli or Nantu'CKet, MaSsacflusetts and
;.'~6~9 ge h fore.goin~-instrument to be his/her free act and deed before me. ~ "r'
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. '::"'MiW;imAt!~'ie~ras Feb, H, 2005 Fita1, flJft:;UNlfl D ~ 11"'~ ,t>.O APPEAL J..IA5 UE~~~ \J
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT 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, MARCH 11,2005, IN THE CONFERENCE ROOM,
TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the
Application of the following:
NANTUCKET DAVE STREET, LLC
BOARD OF APPEALS FILE NO. 022-05
Applicant is seeking relief by VARIANCE under Nantucket Zoning By-law
Section 139-12C(2)(b) (Neighborhood Employee Housing Overlay District or
"NEHOD") and Section 139-2 (Definitions). Applicant was granted a Special Permit by
the Planning Board, the special permit granting authority in the Mid-Island Planning
Overlay District, to convert the two existing dwellings on the Locus to employee
dormitories with a maximum of 18 persons on site as allowed under the By-law. The
NEHOD regulations provide for a maximum of nine employees per dwelling unit with a
maximum of 18 allowed on site. Applicant requests variance relief in order to allow a
maximum of 13 employees to be housed in the larger dwelling to the rear of the lot, more
than the allowed maximum of nine in each structure. There would continue to be a
maximum housed on the site of 18. The other smaller dwelling would have a maximum
occupancy of five and would no longer need any relief to be converted to dormitory use.
The Locus is conforming in all respects as to zoning requirements,
The Premises is located at 4 DAVE STREET, Assessor's Map 55, Parcel 288,
Plan File 33-D, Lot 18. The property is zoned Residential-Commercial (with overlay
districts of MIPOD and NEHOD).
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THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
AL TERNA TIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASE NO. 07130 S'"
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s):
Nantucket Dave Street LLC
Mailing address: c/o. Nantucket Island Reso.rts. P. O. Bo.x 1139. Nantucket. MA 02554
Applicant's name(s): same
Mailing address:
Lo.cus address: 4 Dave Street Assesso.r's Map/Parcel: 55/288
Plan File No..: 33-D Lo.t No..: 18
Date lo.t acquired: 12/28/04 Deed Ref.:
932/326 Zo.ning District:RC. MIPOD. NEHOD
Uses o.n Lot - Co.mmercial: No.nel Yes (describe)
Residential: Number of dwellings-L- Duplex
Building Date(s): All pre-date 7/72? no. o.r
Building Permit Nos: 6824-89 and 7021-89
Previo.us Zoning Board Applicatio.n Nos.:no.ne
State belo.w or o.n a separate addendum specific relief so.ught (Special Permit, Variance, App~al), Sectio.n o.f
the Zoning By-law, and suppo.rting details, gro.unds for grant o.f relief, listing any existing non~o.nfo.rmities:
Apartments_Rental Ro.o.ms
C of O(s)? yes
See attached addendum.
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I certify that the informatio.n contained herein is substantially complete and true to. the best o.f my
knowledge, under the pains and penalties o.f perjury.
Nantucket Dave Street LLC
SIGNATURE:t),h ~ Applicant Attorney! Agent.1L...
(If no.t o.wner or o.wner's att ney, please enclo.se ro.o.f of agency to bring this atter befo.re the Bo.ard)
AV FO B OFFICE USE
Applicatio.n received o.n: 'Z- 1 If/p- By: Co.mplete: Need co.pies?:
Filed with To.wn Clerk:2iZ-tfJO\Planning Bo.ard:---1 1_ Building Dept.:---1---1_ By: ~
Fee deposited with Town Treasnrer:-=:?tft;6fB;~waiver reqnested?:_ Gra~ed:~~_
Hearing notice posted with To.wn Clerk:-=2) ~t1o~ Mailed:.2J ?>t;oS I&M:2..,b{ f)J & 3....13> d~
Hearing(s) held on:_I_I_ Opened on:_I-I_ Co.ntinued to:---1_I_ Withdrawn?:-I-I_
DECISION DUE BY: 1 1 Made: 1 1 Filed wffown Clerk: 1 1 Mailed: 1 1
--- --- --- ---
DECISION APPEALED?: 1 1 SUPERIOR COURT: LAND COURT Form 4/03/03
Addendum
Nantucket Dave Street LLC
On November 22, 2004, Applicant was granted a Special Permit by the Planning
Board, as the Special Permit Granting Authority in the Mid-Island Planning
Overlay District, to convert the two existing dwellings at 4 Dave Street to
employee dormitories within the Neighborhood Employee Housing Overlay
District ("NEHOD") with a maximum of eighteen persons on the site. The
Planning Board's decision is recorded in Book 932, page 324 at the Nantucket
Registry and a copy is attached to this application. The NEHOD regulations in
Section 139-12C(2)(b) of the Zoning By-law provide for a maximum of nine
employees per dwelling unit.
The Applicant requests a Variance from the nine person per unit maximum so
that up to 13 people can be housed in the larger building at the rear of the lot,
shown as Building B on the attached site plan. Building B was built as a single-
family residence, but in the past has been rented to up to 14 people. As part of
this project, Building B will be renovated to comply with current building and
health codes for a maximum occupancy of 13. The unique circumstances of the
conversion of existing structures of disparate sizes that have been used for
employee housing without zoning or building code compliance justify the
granting of variance. If this relief is granted the Applicant will seek a
modification of the Planning Board's decision so that the front building (Building
A on the plan) will not be converted to dormitory use, but will remain a
residential dwelling unit. Accordingly the number of persons living on the site
will not exceed the 18 originally permitted.
BOOK
932 PAGE0324
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NANTUCKET PLANNING BOARD
APPROVAL OF A SPECIAL PERMIT
Planning Board File # 20-04
Nantucket Registry of Deeds Plan File 33-D, Lot 18
Nantucket Tax Assessors Map 55, Parcel 288
4 Dave Street
Applicant: Nantucket Island Resorts
Owner: Philip Witte and Susan Bennett Witte
November 22, 2004
Propos al:
The applicant is requesting a Special Permit pursuant to Zoning Bylaw sections 139-9 (Residential Commercial District),
139-12C (Neighborhood Employee Housing Overlay District), and 139-12G (Mid-Island Planning Overlay District) to
convert two (2) existing structures to employee dormitories for Nantucket Island Resorts. The proposed dormitories
would house a maximum of eighteen (18) persons and five (5) parking spaces would be provided on the site.
Basis of the Fiildings:
The Board's findings and decision were based on the following:
.
An application dated August 24, 2004 for a Special Permit;
Plan entitled "Plot Plan to Accompany Board of Appeals Application in Nantucket Massachusetts,"
prepared by Blackwell & Associates, Inc., dated August 25, 2004;
Dormitory Management Plan submitted by the applicant dated October 14, 2004;
A staff report dated September 27, 2004;
Testimony received at the public hearings held on September 27,2004, October 14,2004, and October 25,
2004; and
Other assorted documents which are on file with the Planning Board.
.
.
.
.
.
The public hearing was closed on November 22, 2004.
~
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The PI::tnytihp-Board .findS,that the proposal is consistent with the :MIPOD and is an appropriate use for the site based
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~,on;thf'o 6wing:.~' /
" . "'/,"~.The 'site.is conn~cted to Tovm water and sewer, therefore it can handle the intensity of the proposed 'use;
'.' ,'... ; The site. is located"within the Town Overlay District and the NEHODj
:: '-i. :. '. The site fs)ocat~9-within very close proximity to a Nantucket Regional Transit Authority (NRTA) stoPj
,<','.....::....: The site Is ~thi.rt close walking distance to necessities (i.e. grocery store, hardware store, drug store, eating
-' ' esta~1iShments, etc.); and
" ,). Th:;(;'f>o%ed use of the site as a dormitory would provide additional housing for seasonal and! or year
./," .". 0""""roUIld employees.
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1 East Chestnut Street · Nantucket, MA 02554 · (508) 228-7233 · fax (508) 228-7298
email: nanplan@town.nantucket.net
BOOK
932 PAGE0325
Decision and Vote:
A motion was made and duly seconded to approve the Special Permit for Nantucket Island Resorts with the following
conditions:
1. That the total number of residents on the site not exceed eighteen (18) persons;
2. That, in the event modifications to the structures are required by the Historic District Commission (HDq in
connection with providing additional fire egress to meet building codes, the applicant may increase the ground
cover from the existing 20.7% to no more than 25% without further relief from the Planning Board;
3. That an apron pursuant to Zoning B]A.aw section 139-20.1B(2)d be constructed at the driveways intersection
with Dave Street. TIlls apron shall be a minimum depth of ten (10) feet and shall be a maximum width of
fifteen (15) feet;
4. That the parking area be screened with appropriate materials as specified in Zoning B]A.aw section 139-19A;
5. That the parking space on the southeast side of the site be eliminated or that the applicant obtain an easement
from the abutting property owner. If an easement is obtained, it shall be recorded with the Registry of Deeds
and a copy shall be presented to the Planning Board prior to the issuance of a Certificate of Occupancy;
6. That a waiver from Zoning B]A.aw section 139-18 be granted for five (5) parking spaces;
7. That at any time the Planning Board determines, based on complaints by neighbors that 4 Dave Street residents
are parking illegally on adjacent properties and that the on-site parking is not adequate, the Planning Board may
re-open the public hearing and either impose additional conditions or reduce the occupancy of the structures;
8. That the applicant! owner/lessee of the site provide NRTA passes annually to the tenants of the dormitory;
9. That the employee contract for those Nantucket Island Resorts employees who are living in the dormitories
state that the employee is prohibited from having a vehicle on the site unless a parking space is specifically
designated for that employee. Violation of said condition of employment shall result in tennination. A copy of
said contract which includes this language shall be submitted to the Planning Board within ninety (90) days
from the date of this decision (October 25, 2004);
10. That the residents of the site be prohibited from storing any materials (i.e. personal belongings) outdoors;
11. That four (4) bike racks shall be installed on the site for the exclusive use of the employee residents. The
location of the bike racks shall be indicated on the final as-built plans;
12. That a final as-built of all site improvements be submitted by the applicant;
13. That Planning Board staff inspect the site prior to the issuance of a Certificate of Occupancy.
On November 22,2004 the Planning Board voted 4 -0 to APPROVE this Special Permit and to ENDORSE this
decision.
{/~
APPROVED
APPROVED
ATTEST: A TRUE COpy
"DEe 2 3 2004
~
CDMMONWEALTII OF MASSAOIDSETIS
Nan6cke~;sf iJ C~, <. f/ tTvl.-flAfe-IL--z., '3 , 2004
net,~~~:"""~~':';~e:d'1?~ ~ W~ C~ one of the above-named members of the Planning Bo~~f~~~J'~9~!;te~~dRK
;;.<ifc~9 ge . . fore-going~,ipspurnent to be his/her free act and deed before me. ~ '.,_
i~.r . "::i,:;'~::;."j:> '.: -'~:"":'A;F~.~otary P~bli;';~'7'f':' ... . . ~.~_ Z5 ,S~
'.: .....7:: '.kTrne 6~~,atommission E~S" · .1' 1: 1 n.~ 1 :u 1;1\ \!~ q.. v-~ ,-. 4 Z -~~ -<
"':",r~,!-',:,".. ANeREW V,V'QRCE ....;;iIJE-...:.1SrON WAS p1~-~D'::' "~:..J-....~ED AJ"'!'!;&) \.:' W
.-;-<(I;'<NOTAR.",,?.o-B~~C .:O'WN Ci.J:lRK, AND' ~'-:'; ~ r:~ nIt:. a.fl~CE CW "ft,..... '." 0
-",'::':j\.I"MY,'. :!~." _ml..tlrr.{e~lrasFeb.l1.2005 FID-i}) ?Utl'i..,r,~"..'i'''''' ~f'1h~ .t.O APPEI'..L.HA3 UE~., \J
: .:.,; I. . ,.Iii A ~ .-. . '........ni..& lvGENEXALl.I"WS ....:lo'C
. . :""'1,,;;;/' . ~.~ " <<lr\ stcJl{)( lr~
''>-'" ~..~
4 Dave Street - Decision ~ lOWCf~
~
.j:::,.
End of
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FOX
NOTE: 5E:E: ARCH ITEe rURAL
PUNS FOR FLJITJ..f~R.
. DUAtLS ABoUT THE CoN-
VI;:R.~ION OF E:XISTr~G' PECI<
AND STEPS.'
55 - 312
DUf,/ N) I J.JC.
ORIGINAL SIGNED AND STAMPED COPIES OF THIS PlAN MAY BE
PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET
COUNlY REGISTRY OF DEEDS FOR RECORDING PURPOSES.
IN CASES OF D1SCREPANC!ES REGARDI:NG INFORMATION CONTAINED
HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PlAN, ONLY
ORIGINALLY STAMPED ANID ENDORSEDED COPIES SHALL BE
ACKNOWLEDGED BY THE CERTIFYING lAND SURVEYOR
THIS PLOT PLAN WAS PREPARED TO ACCOMPANY AN APPLICATION
TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE
CONSIDERED A FULL INSTRUMENT SURVEY.
THIS PlAN SHOUlD NOT BE USED TO ~$TABLlSH PROP~RTY LINES.
FENCES, HEDGES OR I>m ANCIllARY STRUCTUR~S ON THE PREMISES.
THE PROPERlY LINES SHOWN RELY ON CURRENT DEEDS AND PlANS
OF RECORD.
Plot Plan to ACC'fJ1n"rany
BOio'rd of Al'P~als App,lication
tn
NQ,'ltJuc1cet, M assackusetts
R!;V. pre. &. ZOO5
SCALE: 1 "= Zo' DATE: ALJQ, 25, 2004-
R~v. peT. Z, zoo 4
Owner: . ~L}~/~I-J. .~~~l;I J3:TT, . 'v:fJ rT:"r; . . . . .
. .F:'f-!.J,L..,I'F.. .YlI.r:r:r;:-...........
lOT 18
DeedjCert.: .8.2.5,- .l/~. .. Plan: fl.l~~. 9'?:i.? . .
Tax Map: .5?-?~~. Locus: ~4 p~y~ . ~r: . . . .
THIS PLOT PLAN IS NOT A CERTIfiCATION AS TO TO THE TITLE OR
OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES
ARE SHOWN ACCORDtNG TO CURRENT TOWN OF NANTUCKET ASSESSOR
RECORDS,
THIS PLAN MAY NOT BE USED FOR ANY OTHER PURPOSE THAN ITS
INTENDED USE NOTED ABOVE.
Blackwell &: Associates Inc. FBK,:
c: 'obs hb boa.dwg
BLACKWELL cfc ASSOCIATES, Inc.
Professional. La.nd Sun1eyors
20 Teasdale Circ,le
Nantucket, Massachusetts 02554
(50S) 228-9026 B- C3<J4.
M.p s-S-
L_
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I.SA
JCKI:.T
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---
Town of Nantucket
RECEIVED
BOARD OF ASSESSORS
FEB 0 I. 'Z005
TOWN OF
o. NANTUCKET, MA
. .
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
PROPERTY OWNER"~I ~.N. .r\\.1~~'(,1...~:o~~\.S\RCCt.1:...LLc.....
. e 0 ~ftw 't""lCl."bN~ ~'lrc,\O~~~
MAILING ADDRESS. ..O.~~.. ~~S. .~\i'!..e N.~~.~. 'I'm )\.. .~l.\S1
PROPERTY LOCATION.... ..~. .~~~S-:'\.'l..,.'c..c:v.~.......................
ASSESSORS MAP/PARCEL...... ,5~.-: .~~~................ .....................
A PPLlCANT... ~~~~.~~~'1. .~~':(i:.,.. ~~'9.c-T.. .lL~.........
SEE ATTACHED PAGES
I certi fy that the foregoing is a list of persons who are owners of abutting property, owners of
land directly opposite on any public or private street:or way; and abutters of the abutters and all
other land owners within 300 feet of the property llile of owner's property, all as they appear on
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139-290 (2)
~~..~...a2<<?S-
I~...;J.~
DATE
-
ASSESSOR'S OFFICE
Town of Nantucket
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