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Home My WebLink About016-78 O/~ - 7$ . Town of Nantucket Zoning Board of Appeals Nantucket, Mass. 02554 May 3, 1979 Mrs. Made1yn G. Perry, Town Clerk Town and County Building Nantucket, Massachusetts 02554 Re: Grant of Special Permit to The Beachside Real Estate Trust (016-78) Dear Mrs. Perry: Pursuant to the above-referenced grant of a Special Permit to The Beachside Real Estate Trust, the Historic District Commission and the Board of Appeals have conferred for the purpose of approving the color of the roof shingles or other roof covering. The Historic District Commission has already approved the roof color set forth in the original plans for the proposed Beachside Motel addition and has recom- mended that we do likewise. On April 26, 1979, the Board of Appeals unanimously voted to adopt the recommendation of the Historic District Commission and to approve the roof color set forth in the original plans for the proposed addition. Thus, the plans as originally submitted comply with the roof color conditions imposed on the grant of the Special Permit. Please file this letter with granting the Special Permit. ~1:l~~I.~'-~ ~~~l~"~ ~ ~'.~~ <\:w... ~'-~.~~ \~~~~ ~ the original decision your.'0SinC!1.. 1y, J utIJ YI1u&7v.j{ Robert F. Moone(j Chairman M/m CC: Historic District Commission Richard J. Glidden, Esquire Mr. Gilbert Waine t, ... '. C.ILo-(~ ~o-V Dc nOI L S ~u-e- Town of Nantucket Zoning Board of Appeals Nantucket, Mass. 02554 August 11, 1978 Mrs. Made1yn Perry, Town Clerk Town of Nantucket Town and County Building Broad Street Nantucket, MA 02554 Re: Beachside Realty Trust (016-78) Dear Made1yn: Enclosed please find the Minutes of the above hearing submitted for filing. Very truly yours, !~~~~ Wayne F. Holmes Chairman ~~/ /kek Planning Board of Nantucket Richard J. Glidden, Esq. II Minutes of ct meet ing of the Board of Appeals, July 27, 1978, I, II convening at 7: 00 P. M. at the Town Building, Nantucket, MA: Pre- I sent were members Holmes, Bartsch, ctnd alternate member Cahoon. The Board reviewed the information presented in the rehearing of Beachside RectI Estctte Trust (016-78) and reported on various viewings of the locus by the members. After due deliberation the Board found that: 1. Application for a special permit was denied the petitioner by vote of the Board of Appeals on May 12, 1978 (in the matter of the petition of Beachside Realty Trust, #005-78). On June 7, 1978 the petitioner filed a new application for ct special permit accord- ing to the procedure provided by lctw. The new application con- tained certain changes ctnd/or modifications of significant ctspects of the prior ctpplication and additional testimony and information not previously mctde available to the Board was offered at the re- hearing. These changes included: (i) Outdoor lighting - it wcts determined and agreed that all outdoor ceiling lights ctre to be installed flush with the ceiling Iwith no direct light or light bulbs or fixtures to be visible in ctny direction from an elevation twenty feet above the level of the parking area,. (ii) Indoor lighting - it wcts determined and agreed that all rooms are to have Blackout Drapes for ectch window. (iii) Noise - exterior walls will have a sound insulation le- vel as outlined by the Higgott-Kane opinion letter on noise re- ceived at the hearing; i , I (iv) Screen parking area - privet hedge will be planted along II the western boundary of parking area, such plant ing to have an ini- tial height of eight feet and be continuous along the westerly boundctry. ! These changes and modifications are responsive to certain objec- I tions raised in denying the first application. The Board finds that these changes and modifications are significctnt and material I changes and ctlter the conditions upon which the previous unfavor- -1- able ctction wctS bctsed. 2. The district in which the motel is situated is primarily commercial, ctnd there are numerous other motel-recreationctl uses now in the area. To the west there is a district zoned Residential which is sepctrctted from the motel ctnd its district by a bluff more than thirty-eight feet in height. The Residential district on the bluff will be above the height of the proposed motel expansion. Despite being zoned Residential, it contains guest ctnd rooming houses which are especially active during the summer season. 3. Under the present application the proposed expctnsion will be in accord with the uses now in the arect. This is a significctnt ctnd material change in the conditions upon which the previous un- fctvorable action was based. 4. No direct outdoor light, light bulbs, or fixtures will be visible to residents on the Cliff. This is a significant and mctterial change in one of the conditions upon which the previous unfavorable action was based. 5. Under the present ctpplication sound coming from the ex- I panded motel will be less than that coming from other establish- I Ii ments in the motel's district. There was testimony that structures I located on the Cliff were the sources of noise greater than noise levels emenating from the motel. ~ounds trom inside the rooms of I the addition will not be audible at the property line. This is a I' il significant ctnd material chctnge in one of the conditions upon II II whieh the previous unfavorable ctction was bctsed. II II II 6. Under the present application the expansion will provide il adequate off-street parking for all employees ctnd guests. The western boundary of the pctrking ctrea will be screened by ct privet hedge. This is ct significant and material change in one of the conditions which the previous unfctvorable action wctS bctsed. 7. Traffic on North Beach Street is not ct problem at present. -2- Under the present application the proposed expansion will not cctuse an increase in the totctl number of cars on the Island ctnd will not result in ct significctnt increase in trctffic on North Bectch Street. Letters from the Chief of the Nantucket Fire Depart- ment ctnd Registry of Motor Vehicles were presented and showed thctt traffic was not ct problem or hindrance and that no unsctfe condition existed in this ctrea. This is a significctnt and material change in one of the conditions upon which the previous unfavorable ctctio~ I was based. 8. Under the present ctpplication the proposed expansion will have little, if any, effect on the use and enjoyment of any of the properties in the motel's district or on Cliff Roctd. Three apprcti sctls of real estate value were presented to the Board and accepted by the Board. The ctppraisals indicated thctt values of properties on the Cliff would not be diminished by the proposed ctddition. This is ct significctnt ctnd material change in one of the conditions upon which the previous unfctvorable ctction WctS based. 9. The proposed ctddition will be beneficictl to and promote the welfare of the Town in that it is in ctccord with the decision of the Town Meeting to establish this Limited-Commercictl district ctnd to ctllow increased commercial ctcitivity in this general ctrea; it will increctse the Island's ability to accomodctte handicapped persons by rectson of the installation of facilities for their use ctnd comfort; and it will provide more jobs for Island residents and will hctve a beneficial effect on all Islctnd businesses. In short the proposed expctnsion is in harmony with the general pur- poses and intent of the Zoning By-Law ctnd the recent chctnge of the motel's district to Limited-Commercictl; ctnd, the proposed expan- sion will be beneficictl (rather than detrimental) to the present ctnd future charctcter of the neighborhood. The Board has previously granted relief from the provisions o~ -3- by-law to allow the construction and operation of a tennis club complex of nine courts and clubhouse on property contiguous to the locus. lO. One of the features objectionable to the abutters on the westerly boundary is the white shingle roof. A darker color of roof shingle will serve to lessen the glare and serve to reduce the obviousness of the structure. On motion by Mrs. Cahoon, seconded by Mrs. Bartsch, it was un- animously voted to grant the relief sought by the petitioner and to grant the special permit subject to the following conditions: (a) That the roof of the proposed addition have an exterior coyer of suitable shingle or other material and that the color of the shingle or covering be approved by the Historic Districts Com- mission and by the Board of Appeals. (b) That,once the proposed addition is completed and the roof material installed, the roof of the balance of the structure (being the original motel buildings) be changed to conform to the color of the material on the new addi tion and that this change be accom.- plished within five (5) years of the completion of the new addi- tion. (c) That a screen of privit hedge or similar planting be in- stalled along the westerly line of the locus and that the initial planting be at least five (5) feet in height and that the screen1ng be maintained in a good and orderly condition during the time the premises are used as a motel. (d) Outdoor ceiling lighting 1S to be installed flush with the roof or ceiling, and all other outdoor lights will be shaded and directed toward the ground. On the foregoing basis the special permit is conditionally permitted. \.lOiL'~t..~"'~ ~~\.~ ~ \\",,~~t'" "''-~. ~~ \ \\'.~S~'~' -, -4- !~ -.;. '"- . _. .'. ,....; j: ... THE COMMONWEALTH OF MASSACHUSETrS ....,",.......,...........,........W~~,:t;:':1.9.!:~.~................,........,.".". 01 te -7$1k CITY 011 TOWN It. TRUE CO'PY~ . r~ KJ,kJn~'- co BOARD OF APPEALS ...m..........m...m..~.?~~~!-...!.~............19 7 8 NOTICE OF VARIANCE Conditional or Limited Variance or Special Permit (Geaend Law. Chapter 4OA. Seetion 18 .. ameadecl) Notice is hereby given that a Conditional or Limited Variance or Special Permit has been granted To.................................. ~E;,~ f.~ R J.P.~... BF.:.~~.1: X..:f. BJ.!.S.~... ................................ .................. ........ Owner or Petitioner Address..........................~QE.!:h...~~.~9b. ..~.t.F.~.~~... ...... ....... ... ......... ... ........ ..... .............. ......... ... City or Town.. .......... .....~ ~.~:t::~~~.~:t::.......... ................ ..-.... ............... ...... ........ ..... .......... ............... ...............mm................J~.Q~.th...~~9.9.h...~!-.;:~.~t......~...'-..Q.:L....~.......\......~.t...t.~~.~...JJ)' a ~ · CS. Identifl Land Affected ................................................................... ..................... ....................................................................................................................... ............. ....-...........-................................ IQtJt by the Town oL.........J~.~n.:t;.ygJs~.1;.............................................Board of Appeals affecting the rights of the owner with respect to the use of premises on. ............. .N. Qt:.t.h...a e A ~ h. ..St,r. e.e. t.............. ....................... .Nan.t. u eke.t.................. ................. Street Citl ow Town the record title standing in the name of ....... ...... .... ......... ............ ...~g~9.ff.!?!!?~.. R~~~'P.X...~.R !l.$.'P........... eo............. ............. ... .................. whose address is....... ... ...~.<?;:~.h..J?~ ~ s,:h ...~ ~E.~ ~.!:!... .~~!.l:~ ~.<? ~~ ~.~.. .~.~.? ~.:. ..g.?2.?~.. ........ Street Cit1 or Town Slate by a deed duly recorded in the........................................County Registry of Deeds in Book ......... ....... Page................, ..........Jian.tuc.ke.t...................Registry District of the Land Court Certificate No.. ........~J~.!....__........--Book ...~ .~..... ...Page..J.")'..~... The decision of said Board is on file with the papers in Decision or Case No......Q.l~:::7..e.... ~ in the office of the Town Clerk..........9(..N~.~.t~~.k~.t.....................................-.......................... "'\' i\ , Certified this...LL...day oL.....E\.~.~.~.~::........................19 'I 'i" i~~~::i~[t{~~._.~~~~;?.._..._--_..ch4uman '\~~ ~ .......-........- ..-...... .......... ..;;;;;".;;-:.:;;;;i;-..-.......-... .......Clerk ......;.:'...............................--......19. ....... aL.............o' clock and... ............ .......... .......minutes ... .M. /Received and entered with the Register of Deeds in the County oL........................................ Book........................ Page...... .0......... ....... I I ATTEST .................-....----.........--..................--...............................-.......... -.-.- Register of Deeds Notice to be recorded by Land Owner. ~ORM 1094 HOBBS e. WARREN. INC.. REVI8ED CHAPTER 2.2,,,'62 --, \' COMMONWEALTH OF MASSACHUSETTS. SUI'IIEMt: j\JUI(;IAL COUltT tun Till: COMMONWt:AI.nt. Al'nOSTON, 1",;.I.llld'Y 24, llWl ORDER It is hereby ORDERED, that the following Appl ica tions for Furth~r Appellate Review be dC'nicd: M-1745 M-1746 M-1747 M-1750 M-1752 M-1753 February 24, 1981 .f LEWIS C. CLAPP v. G. AHNOJ,D HAYNES,. another (and a companion case) (Middlesex Superior ~o. 33~982; A.C. Nos. 79-658, -659) COMMONWEALTH v. WILLIAM A. SILVA (Essex Superior No. 95193; A.C. No. 80-144) Motion to File Late - allowed. EDITH RANNEY, et a1. v. GILBERT F. WAINE, trustee, et al. (N~ntucket Superior No..1784i A.C. No. 79-916) COMMON\vi~l\L'l'lI v.' OTl\NA L: KO('IN:;KI (Norfolk Superio~ Nos. 1093, -04; A.C. No. 80-314) COMMONWEALTH v. SHON S. SIMMONS (Suffolk Superior Nos. 04727, -28, -29; A.C. No. 80-777) . COMMONWEALTH v. BENIGNO S. MOTTOLA (East Boston Distr. C~ No. 4682 of 1979; A.C. No. 80-389) Motion to File Late - allowed. ,"(10 . . ". .~.,- .) Jf}S 1 -,;. .,' ,., '. J . ,,'!..:r ~,..:, C-" '.: SiJf.J,~I. I (lt~ff;fLR~O~~ .....f~Jtr<.'. ~k / 1f!CuJ~ L Town of Nantucket Zonillg Board of A""eals Nantucket, Mass. 02554 May 3, 1979 Mrs. Madelyn G. Ferry, Town Clerk 'Town and County Building Nantucket, Massachusetts 02554 Re: Grant of Special Permit to The Beachside Real Estate Trust (016-78) Dear grs. pe:try: pursuant to the above-referenced grant of a special Permit to The Beachside Real Estate Trust, the Historic District Commission and the Board of Appeals have conferred for the purpose of approving the color of the roof shingles or other roof covering. The Historic District Commiseion has already approved the roof color se~ forth in the original plans for the propose~ Beachs5de Mot~l additiou and has recom- mended tiiat we do 1ikew.Lse. 01. April 26, 1979 I the Board of Appeals unanimously voted to adopt the reco~~endaticn of the Historic District Commission and to approve the roof color set forth in the original plans for the proposed addition. Thus, the plans as originally submitted comply with the roof color conditions imposed on the grant of the Special Permit. please file tpis lettp-r with the original decision granting the special Permit. 7-" , ~I:l~~ I. ~ '-~ '~~ .;...:'\ "\ '\ ~ ~'.~~ ~:......... ---~'-~.~~ \ ~-...~~ l\ YOU~'r)Si_ nc~~~~,' 'LidJ. (ft,",,,-if7 Rob~rt F. Moonef! Chairman M/m CC: Historic District commission Richard J. Glidden, Esquire Mr. Gilbert Waine