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Home My WebLink About005-78 {)oS- 7 g ~X--~~ ~~ ~/~~ {l~ S7~ A - ~ ~ {})?55// 6 I 7 228-0771 J u.ne 6, 7978 M.6. Madelyn PeJVr.y Town c.teJtk Town BuilcUng Nantucket, Ma.6~. 02554 Re: Enc1.o~ed AppUc.o.;ti.on 601t Special peJr.m.i;t on beha.1.6 06 Bea.c.h6.ide ReaLty TJtU6t Ve.aJL Madelyn: Bea.ch6.ide ReaLty TJtU6t heJleby ~u.bmi.tA a new AppUc.aUon 60lt a Spe&a.l peJUn.it wLth Itupect to la.nd owned by U loc.a.ted on Naill Bea.ch Stlteet, Nantucket, Ma.6~ac~e.tt6. Tw new AppUc.aUon c.onttUM t~ and condW.onlJ cU66eJtent 6ltom :tho~e ~et 60Jvth .in the AppUc.aUon ~u.bmUted on Ma.ltch 70, 7978, which Wa.6 denied by vote 06 the Boa.Jtd 06 Appea.lh on May 72, 7978. Tw AppUc.aUon ~ ~u.bm.U:ted wLthout wa1.v.ing a.ny ILighU which the TJtU6t may have w.U:.h Itupect to ~ AppUc.aUon nolt a Special PeJr.mi;t ~u.bmUted on Ma.ltch 70, 7978. M a new AppUc.aUon, and a.6 lteqtUJted by G.L.c.40A, S. 76 to the extent tha.t U .i.6 appUc.a.ble heJte, th.i.6 AppUc.aUon w.U1. be pltuented to the Planning Boa.ltd 601t ~ COnlJent. TW leti:eIt and AppUc.a;Uon a.lte ~ent to you. pultlluant to and .in ac.c.o1tda.nc.e will the pItOV~.iOnlJ 06 Cha.ptelt 808 06 the AclA 06 7975. VeJty tItu.ly yOultll, ~...w ~.' Richa.!td J. Glidden, A:tt' Y RJG:tel Enc1.o~uJle AB.1 FEE $50.00 Case No. APPLICATION TO THE BOARD OF APPEALS Nantucket, Hassachusetts To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the (ZONING BY-LA VI) (BUILDING CODE) on property described below: Location of Property. No. Beach Street Lot No.6 on L.C. Plan 6670-B and Riato.xJ.ibc)(. Lot 2 on L.C. Plan 10822-B District is Zoned for Limited Commercial Type of structure (Existing or Proposed) or proposed use:~and existinlLMo.tel (see attached explanation) Owner's Name Beachside Realty Trust Owner1s Address No. Beach St., Nantucket, Mass. When did you acquire this property? 1977 Has application been filed at Building Department? NO Has any previous appeal been made? See attached explanation under Section of By-law or Code IrrrIJ. which relief is requested: Beachside Realty Trust requests a special permit under Section IV-E-2 ee) Eeason for asking relief: By-Law provides that motels are a permitted use in a Limited Commercial District provided that a Special Permit is granted. (see attached explanation). BEACHSIDE REALTY TRUST By its Attorney .' .--^("'J,_.~ '}(..,.~_.,./_~_.,~_.< ~ Signature of applicant Richard J. Glidden A. TT ACE: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. (2) Check in the amount of $50.00 made payable to the Town of Nantucket. (3) Map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner. please indicate your authority to make this application. BOARD'S DECISION ~ ppUcation submitted to Board !\ dvertising dates Hearing date IIecision of Board DedRion filed with-thEi--Towii--Cle-r-k-- I BEACHSIDE REALTY TRUST Proposed Structure: Beachside Realty Trust proposes to expand the existing motel on its property and to be bound by the following conditions (no such binding condition were included in its Application submitted on March 10, 1978): 1. Lighting a) Outdoors -- roof to have seven (7) foot overhang. All lights to be flush with ceiling. No direct light or light bulbs or fixtures to be visible in any direction from an elevation twenty (20) feet above the lev of the parking area. b) In rooms -- all rooms to have Blackout Drapes for each window. 2. Noise -- exterior walls to have sound insulation level of 28 decibles. 3. Screen parking area -- privet hedge to be planted along western boundary of parking area and to be at least five (5) feet high when planted. 4. Facilities for handicapped persons -- all rooms on first floor to be capable of accepting persons confined to a wheelchair. Three rooms on first floor to be equipped with special facilities for persons confined to a wheel- chair. 5. Roof to match roof of existing motel. Previous Application to Board of Appeals: On March la, 1978, Beachside Realty Trust submitted an Application for Special Permit for expansion of the existing motel on its premises. After a public hearing, the Board of Appeals voted, on May 12, 1978, to deny the specia permit. JAMES K. GLIDDEN. ESQ. RICHARD J. GLIDDEN. ESQ. 37 CENTRE STREET NANTUCKET. MA.... 021184 TEL. (.17) &28-0771 5 K. GLIDDEN. ESQ. ~HD J. Gl.IDDEN. ESQ. 7 CENTRE STREET rUCKET. MASS. 02584 EL (617l 226-0771 This Application contains different terms and conditions and is not the same as the prior application. Thus, it constitutes a separate and distinc proposal. As a new Application, and as required by G.L.c. 40A, S. 16 to the extent that it is applicable here, this Application will be presented to the Planning Board for its consent. Reasons for Relief: 1) The proposed expansion will merely increase the capacity of the Beachside I,fotel which has been operating at its present location since 1966. Such expansion is in accord with the general motel -- recreational uses now in the area. 2) The proposed expansion is in harmony with the general purpose and intent of the Nantucket Zoning By-Laws and the recent change of the district in which the Beachside Motel is situated to Limited Commercial. 3) The proposed expansion will not be detrimental to the present or future character of the neighborhood. 4) Beachside Realty Trust is proposed to demonstrate to the Board of Appeals specific and material changes in the conditions upon which the un- favorable vote of May 12, 1978 was based (including the noise, light, activity and traffic associated with the current motel and the proposed expansion, and the need for such expansion). -2- TC Hi" CF N~FTUCYET ~oard of Appeals List of parties in ir.terest in the matter of the petition of: '\'ame: ___~eachsid'~.~~lt~_2:rust ___ t';ddress: No. Beach Street, Nantucket, Mass. bi Froperty address: No. Beach Street, Nantucket, Mass. 1. H. Rank Bickel, Jr. r~ D 4- Box 360 Lebanon, Pa. 1 '7()42 2. .John l", & Lillian Hardy 2 Sylvia Lane Nantucket, Ma 02554 3. Philip A. & Dorcas Costello 1 ,\ppletree Lane Andover, Ma. 01810 ~ Robert J. & Jean R. Leonard 139 Peaceable Ridge Ridgefield, Conn. 06877 5. Lawrason & Jeanne W. Riggs, Jr. 101 Overhill Road Baltimore, Md. 21210 6. Albert L. & Gladys M. Silva Gardner Road :\antucket, Ma. 02554 7. Barb0~a H. Malcolm, et al 60 Prospect Ave. Montclair, N.J. 07042 8. Sherburne Associates Zero ;.lain St. :~aJ\1:ucket, :4a. 02554 9. J:1rnes H. Barker 23S 1~0rth Ave. Pajm Beach, Fla. 33480 10. Spence~1:' M. Cowan 52 Tei~p Ie Road CDncord, Ma. 01742 11. John S. & Nancie B. Taylor 44 C~loe Brook Road Short Hills, N.J. 07078 12. Mary Gibson Wooten 6423 Shadow Rod. Chevy Chase, Md. 20015 13. George '-f. 1; Kathleen ~1. Hughes 115 Franklin St, Newton, Ma. 02158 14. Kenneth L. & Suellen A. Lyons 408 Highland Ave. Winchester, Ma. 01890 15. Bion B. & Debra L. Hall, Jr. 81 Green St. Brockton, Ma. 02401 16. Robert A. & Marian D. Sauer 12 Hilltop Rd. Bronxville, New York l708l 17. John C. & Janet F. Taggert 28 Little Acres Glastonbury, Connecticut 18. Bayard R. Lincoln 13 Baldwin Lane Reading, :'lass. 19. Alice F. Knapp R.F.D. 11, Box 58-U Chester, New Hampshire 20. Anne R. Stinnett 18 Cambridge St. Chelmsford, Mass. r certify the foregoing i.s a list of persons who are owners of land abutting t'le property and owners of land directly opposite the property on any street or way, and owners of land within 300 feet of the property, all as they appear on the most recent appl:lcable T i\X list. ,>~ /' 9-' f" >:I-1...,....:L._~c'_.:.:.-!.!....Z J.? (/ Late a r..i' . ~r'. / .1,~ ~ _ (l -''-If ' "'.",," J,..' t__ '--<_.~~<:::.-_/_~~~~-----~--- ^ssessor Town of r-1antucvet 1 ~X--~~ ~~ ~/~~ {l~ S7~ A - ~ ~ (})?55// 617 228-0771 ApJUl 27, 1978 Madelyn PVl!l.Y Town CleJlk Nantuc.ket, Ma.6~. 02554 Re: Bea.c.h6,ide Reilly T ItMt - Spec..ia.l PeJr.mU OeM Madelyn: Enc.lo~ed plea.6e 6~nd a c.opy On the applic.a.tion 60lt a Spec..ia.l PeromLt being made by Beac.h6,ide Reilly T~uht 6o~ p~opeJtty loc.ctted on Noltth Beac.h Sbteet, Nantuc.k.et, Ma.6~ac.hU6e:tt6. TfU.J., .e.etteJl and appUc.ctt.i.on Me ~ent to you ,in c.on60Junil.y wUh the pltO- v.i.6,io~ On Ch. 808 06 the A~ 06 1975. Velty tnuly yo~, \"\6' \) RJ.c.hMd J. Glidde.n, Aft' 1j RJG:,te1 Enc.lo~WLe ~X--~~ ~~ ~/~~ {l~ .!J7~ A - ~ ~ {}255// 617 228-0771 June 8, 1978 Wayne F. Holmes, Esq. Chairman, Board of Appeals 3S Centre Street Nantucket, Mass. 02554 Re: Petition of Beachside Realty Trust for Special Permit to allow Motel Addition Dear Wayne: Please be advised that I made an error in the Petitioner's correct name on the application. The correct name is the Beachside Real Estate Trust as opposed to the Beachside Realty Trust which I put on the application. I do not think this error has prejudiced any party and I would request that your records be changed to reflect this cor- rection. Very truly yours, ~ I Richard J: Glidden, Att'y RJG:tel cc: Madelyn Perry, Town Clerk v Sander A. Rikleen, Esq. AB-l FEE 50.00 Case No. APPLICATION TO THE BOARD OF APPEALS Nantucket ~,Ias sachu set t s To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the ' (ZONING BY-LAW) (BUILDING CODE) on property described below: Location of Property ~o. Beach St reet Lot No.6 on L.~. Plan 6670-B and x1?i1UlxNc. Lot"'2 on L.C. Plan 10822-13 District is Zoned for Limi ted Commercial Type of structure (Existing or Proposed) or p~oposed use: Expand existing Motel Owner's Name Beachside Realty Trust Owner's Address :'~o. Beach St., Nantucket, ilass. When did you acquire this property? 1'977 Has application been filed at Building Department? NO Has any previous appeal been made? ;10 Section of By-law or Code from which relief is requested: IV -E-2 (e) Reason for asking relief: By-Law proviJes that motels are an allowed use by special permit in Limited Commercial District Beachside Realty Trust By Its Attorney Signature of applicant ~ Richard J. \ lidden ATTACH: (1) A list of the names and addresses of each abutting owrier and owner abutting the abutters. (2) Check in the amount of $50.00 made payable to the Town of Nantucket. (3) Map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner. please indicate your authority to make this application. BOARD'S DECISION "'.... ~ ...~ < -..- ~ , " ~ t'~'''''1'';\( ~i~..,.. f>1f ...~ '" .~"''''' 'L ~ ~"",,,"f~~ Al.:li.n;'..;Jaj. :~~L~_:"'~ ~ _ ~ _ __~ ~ _~ ~ _ _~__ : ~!..~ _::; _';.. Application submitted to Board Advertising dates Hearing date Decision of Board Decillion filed with theTown-Clerk ..'.,.,"""',." . ,- "'.:-~'~ (5J OOS~1-g' o 0,," - -1 q Minutes of a meeting of the Board of Appeals, May 12, 1978: Present were members HOlmes, Bartsch, and alternate member, Cahoon. In the matter of the petition of Beachside Realty Trust, 005-78: The Board reviewed the information presented at the time of the hearing, April 18, 1978. In addition, members reported on their ability to view the locus. After due deliberation, consideration of the information pre- sented at the hearing,and evaluation of the members' viewings the Board found: 1. The general area and neighborhood of the locus is one of mixed commercial and residential uses. The properties forming tfie westerly boundary of the neighborhood are single-family dwellings located on well tended and improved lots. The proposed addition would be in close proximity to these single-family houses and would affect these properties more than any others because of its proposed location between the existing motel unit and these lots. 2. The proposed addition is clearly visible from these lots. 3. The proposed location of the addition would place the building approximately 50' from the nearest lot line and approxi- mately 120' from the closest house. 4. The occupants of the residential units forming the westerly boundary of the neighborhood presently experience some disturbance from the noise, general activity, and lighting emanating from the existing motel facility. ..... 5. The present facility is located on a two lane paved road which forms the primary artery for traffic to and from the Jetties Bathing Beach and Cliffside Beach. Traffic congestion in the summer months is severe. The road is heavily used by pedestrian and bicycle traffic. The proposed addition would result in an increase of vehicular and pedestrian traffic in this area. 6. The proposed addition would further reduce the use and enjoyment of the single family houses along the westerly side of the neighborhood by adding to the noise suffered and the necessity of the occupants to overlook the commercial facility. On motion made by Mrs. Bartsch and seconded by Mrs. Cahoon, it was voted to deny the petition, the vote being unanimous. Accordingly, the petition of Beachside Realty Trust 005-78 is DENIED. ~~'-~ ~ ~\..'L\... ,~\...b' ,,"-' "\~ ~~.~ .- \ ~~~~ ...", \. \. '. \..-S"' ~ ; , .~~.~ ~~J'.r.-,<-',J Jj;c( ~ In yhe matter of the petition of William Blaikie et ux 006-78: The Board reviewed the information presented at the public hearing, April 18, 1978, and reported on the views taken of the locus. After due deliberation, consideration of the information presented at the hearing and an evaluation of the results of the views taken, the Board found: 1. The locus is situated in a remote area of the island, largely ~ undeveloped, and is one lot in a subdivision of seven lots. 2. The lot was purchased in 1973 by the petitioner. At the time of the purchase, the petitioner believed the lot enjoyed a three year exemption from the dimensional requirements of the Zoning By-law and invested $35,000. in the purchase of the lot. At the time of the purchase, the petitioner intended to use the lot for the construction and occupancy of a single family dwelling unit. 3. The petitioner now suffers a substantial financial hardship in that he has paid for and holds title to a lot that is otherwise not buildable. On motion made by Mrs. Cahoon, seconded by Mrs. Bartsch, it was yoted to grant the petition of William Blaikie, et ux, the vote being unanimous. Accordingly, the petition of William ; Blaikie et ux for a variance is GRANTED. \...~t..."\.~"-~ ~ ~~\.~~ L~ \.\. C\ '1 <C'" ~.~~ \ ~~..,.. ~ ~ \. ~ '.. ~ S- ~'---. ~ <---~ OX. (\3~ ti:rL ,--.J J (I, a-L-.-><-