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Home My WebLink About042-78 ~ rI CX-feJ -- 7 S/ '\3 Town of Nantucket ZOll ing Board of AflJlealll Nantucket, Mass. 02554 ~ December 19, 1979 Re: ISLAND HOTELS, U1C. (042-78) Enclosed please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeals from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. ,,~~~ \~\\.~\'\~ Q \. \ ':. \$ \\-.. """"". ~~~ Robert F. Mooney, Chairman NANTUCKET BOARD OF APPEALS BOARD OF APPEALS Nantucket, Massachusetts DECISION: At a regular meeting of the Board of Appeals held Friday, December 14, 1979, at the Town and County Build- ing, in the matter of the Petition of SHERBURNE ASSO- CIATES c/b/a ISLAND HOTELS, INC. (042-78), after due deliheration, the Board found: 1. This is an application by Island Hotels to modify the decisi9n of the Board of Appeals dated February 7, 1979, regarding parking requirements and landscaping plan at the new Harbor House Hotel on South Beach Street. In that decision we granted the Special Permit subject to the condition that a total of 100 parking spaces be provided either on-site or on adjacent properties. 2. The hotel has operated in 1979 and the Board of Appeals has had an opportunity to observe the parking situation at the site. Members of the Board have taken views of t~e area and have made visual counts of the parking spaces actually in use throughout the season, including the holiday weekends of July 4th and Labor Day. The results indicate that parking space is adequate on the site. In addition to the designated parking areas, the access road from South Beach Street and Sea Street are frequently use~ for parking by house guests and these areas alone can accomodate 33 additional parked vehicles. As a practical Matter, the established parking area for 67 vehicles is sufficient. 3. For the reasons set forth, the Board by unanimous vote, modifies its decision of February 7, 1979, in this matter so that paragraph 3(a) of the deci- sion shall read: (a) A total of 67 parking spaces shall be provided on the site of the project. BOARD OF APPEALS ~<<U d , (/ . f " ',1 ,,' -,j ,....~., ".-' \-"'-; " j i ~'. <"~'~..' .'"l :"', 1: ') .' .k. . ~ C I L. (. - (..' ("L --1-~ (L' t<-#-rC- .- ....e J-y I .. NOTICE A Public Hearing will he held May 25, 1979, at 3:30 P.fv'!., AT THE TOWN AND COUNTY BUILDING, BROAD AND FEDERAL STREETS, NANTUCKET, MASS. on the Petition of SHERBURNE ASSOCIATES, ET AL d/b/a ISLAND HO~ELS, INC., to modify the Special Permit regarding parking and landscaping requirements in Case No. 042-78. Property is located on South Beach Street and is zoned RESIDENTIAL-COMMERCIAL. BOAPD OF APPEALS Robert F. Mooney Judith Bartsch Eileen Cahoon 1'" .t; I!; \,;Qse ne. ".......' ,.... / APPLICATION TO THE BOARD OF APPEALS Nantucket To the Members of the Board of Appeals: The undersiped hereby applies for relief from the terms of the . (ZONING BY-LAW) (BUILDING CODE) on property described below: . .... Location of Property ) \..' , \ '\ .\:\ \-~,:,'- ~ \-\ '\ ~) \.J Plan No. l_ \. "':. \. '-', '""'"\ \, '0. Lot N 0. District is Zoned for 1_ \ "-, \"\ i: \) ~ ,^;, ,,-,' i: ~~~ \ \ .;:-, \ Type of structure (Existing or Propo.ed) or prepo.......: "".' i, l".l ~ \ , ,. \'J. \.. \ \'..:., "\.J , .0\ '" ~, ,;\"\ ''-._ '. L -; ,'" I., . Owner's Name \J \ \-~ \ i\ '1'" i'\ .,J \) ,--\" '-. I;" \.. \...; Owner's Address s" ,~ ~. \\ '- \\ '... ""\ ~, .\ .~,- -',\ 'y., \ "\ When did you acquire this property? \ \ -\ . \ ,..... Ii as application been filed at Build!nc Department? . \ \ ~ H as any previous appeal been made? .....\ \. ',:> Section of By-law or Code from which relief is requested: Reason for aSkin, relief: -, ' . \~ ~~I F't _n \J \ i J, r "A ^ ( '.... -;, ':.. I-i :-, \') 'i.:'. \.. \\ \ \_)\~....t ~) ;- \: (,. \).~ J ~_\\) -, '\ 'i \1." P, \ , V \ ",Ii). ,'!,i1\ \'1.c. \Zj' \\J 1,. . ,:\ "'_, ',,~ _ ..., ',,- J ,) ~ ' ".\ \1 \ ,~, .. t' ,1. v ~ \:. I.. \' , \,~ ",\;\"fgL~;~\ ,- ""!-"-';,'-.-:; "\ \A. '\:.. 1..'"\ ( ~ '\ I lV ''v \ ':l '1 ' \ - (' ",' , -'. Signature of applicant ~ Vi /-../ ':~ ' -^' '1..'- \ "''-\ ~~ (; ./ ATTACH: (1) A list of the nam.. and addresses of each abutting owner and "i\ . owner abutt., the abutters. ~'--~~'-~~\.. ~~~l.'~~ \ ~ ~" (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. \, " '1 \ ~ ,'. I..J ;:c '\ \, \ t\ \: J ,~~ -- \ '.. ~"\ \..~ -\ "\. \ ,..... ("';(1.,,,> -= -".) " Po, ,) '0 ,\ \ " '-> "" \.. \) t-\, \t.. x.. \ ~.) \~.) , . <\ \ ( ; (4) If the applicant is other than the owner, please indicate your authority to make this application. .C' J:!..t. '-.) v; "71; Case No. APPLICATION TO THE BOARD OF APPEALS Nantucket tvt!'lW To the Member. at the Board of Appeal.: The lIftder.tped hereby applies tor relief from the terms of the (ZONING BY-LAWt(BUlLDlNG CODE) on property described below: Location of Property ') 0',-" \ '"' 1~;:1'\\\-\ ~\ Lot No. "1"',1 V Plan No. l. ( .~ \..' '--\ '\ '\ - ~ District is Zoned fer 1_ \ "-, ,"\ ~ i) (. '~)"'..A {'...!I t \~ \. \ ~ '-. Type ot structure (lllKisUng or Propos.ed) or proposed use: \-\,-,- ( \.. , .' " " ( 'j ~ \-\ i: \.t \}\.\ f.t \'\,)'i. ~ ... \.v ( , ~""\ r_" \:;. \, \~ \... Owner'sName C)\Q\'''' :!\\.{\,,,'\) M\l'\tLS Owner's Address S \), ~ 'c. "" '- \-\ ~\ l'-l '" ,,,-, '-'-I Ii... t "\ Whelt did you aC4luire this ,reperty' \~\, Has application ....11 filM at~~at? ':i <<- ~ Ha. ~ previous _....-;...." '\ ,~ ':, Section of By-law 81' Code from which relief is requested: RealOft I. '_~~..ll.f: \'> 'i; T ,,\ IJ'J "'- \t '<' ~qj~.~ ':.:-; ~ \ \->Ii: \~(l ~ \~ a "J "^ " ()';I 'i; 'I,;, . ~"~i~':"-.:.~;~:',:R II ~ \:)~~\~\\:)''>J >;li'- i" , ~-'<. u 'A ,"'- 't I I \ '-\ '\ '\ \'\'-f'l"'.)\ ,IJ ?PI'1..I<'\N\, 1"1 ''v \) ..... 1(\ \"0 'v ~ ~ ~ ~l \ \\,)..... r: \;. \1., \ \\ \:. 'f \~l)~~.,\ ,N \....\ \,)~\ vi' '\ \-\ \ ~~..\:-\Z\~. , t\~'~\\'\\-_\\\.. e~';'t\..\':, \~~ \.\"$~,\~\"-> \~''t \\~ n"iI:,):'1-'V'-;; "1" l'\ $ 0 " '"'' '" "- Signature of applicant ~ \r ~( . \' ~ ~\I... \''-..)~ ~ ~ i\\.(,) -N \I..\. \. t:\"'"' ~~ () ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. c. (2) Check in the amount of $50.00 made payable to.; the Town of Nantucket. (3) Map or plan s.howinC the location of the property to be e..'d....d. ~,~9....,.~~~b.5\_J4) II ~!:,.ppUC.Dt isotherth8l1 ttle,o~r. please indicate your '~'1\!t~~i ~~_.;~"." ".~"~~~~n.J,i1lwijn... ~~~~.~ BOARD'S DECISION ~~ A ppUcatioll subMitted to Board A dwrtisiftl date. Heart.., date Decis!. ef Boara Decillion filed with the Town Clerk , -4 Joseph N. Motta et al Eight Rocky Point Road Old Greenwich, CT 06870 Wilhemina Shaw 196 Valley Road Middletown, RI 02840 William Soady 68 Bank Street New York, NY 10014 Catherine Cronin Five Ash Street Nantucket, MA 02554 Lucille Sanguinetti 20 Liberty Street Nantucket, MA 02554 Arthur Stetson North Water Street Nantucket, MA 02554 Elizabeth Yerxa Jones North Water Street Nantucket, MA 02554 Nantucket Yacht Club Nantucket Massachusetts 02554 Town of Nantucket Town and County Building Broad Street Nantucket, MA 02554 \-\ ,: \: \ -~, \~- \;., ~ ..~ I....} ........J ~ \_ \, .;'"-=. ,~ l,)-,'(::,;,~ > \ \-"'-~ ~ \"-.,:........ ,-" ~ \( '- --; ,^~" ~\ \, ::, ~'. ,,- .: '--l \_) Ii. . ; b4-r::J - 7 s;? 5~ BOA~.D OF APPEALS Nantucket, Massachusetts DECISION: At a meeting of the Board of Appeals held on February 7, 1979, at the Town Building, in the matter of the Petition of SHERBURNE ASSOCIATES, ET AL d/h/a ISLAND HOTELS, INC. (042-78), after due deliberation the Board found: This is an application for a Special Permit for the use of property at South Beach Street shown on Lanc Court Plan No. 36477-A, for hotel, motel, and restaurant purposes, seeking approval of a Snecial Permit granted in 1977 in Case No. 011-77, and apnroval of a olan of landscaping anc develonment as built. This application was filed with the ~oard of Appeals on December 22, 1978, and was heard at a Public Hearing January 16, 1979. At the hearina, the applicant submitted three plans for consideration, which were accepted and are incorporated with the records of the Board as follows: Plan A - Harbor House Hotel, site plan, dated May 26, 1977, by Gifford & Rich, Architects. Plan B - Plot plan of land and buildings, dated Decerrber 6, 1978, by Shugrue & Hart, Inc. Plan C - Site layout and planting plan, dated September 2, 1977, by John F. Gifford anc C. William Rich, Architects. Since the pending application is a matter of substantial public concern, the Board of Appeals deems it necessary to review in cetail the history of this project. The original Harbor House Hotel building which ante-dated the zoning by-law, together with certain accessory buildings, contained 35 guest rooms and a restaurant. It is located on one lot of land which has frontage on South Beach Street, Sea Street, North ~ater Street, and Easton Street, and contains 3.l9 acres. The surrounding neighborhood is substantially commercial in nature and contains several roominG houses, shops, restaurants, and another major hotel. ~ -2- In April of 1977, the Town Meeting changed the zoning of this area to Limited Commercial, which dis- trict may contain hotels, motels, and restaurants, and other uses, by Special Permit from the Board of Appeals. The applicant filed for a Special Permit which was granted after Public Hearing on June 1, 1977, in Case No. 011-77, and which was filed with the Town Clerk and registered at the Registry of Deeds. At the Public Hearing, the applicant submitted its proposal in the form of Plan A, which was not incorporated into the record or decision. The Board made fir~~gs, among others, that the area 'das primarily comPlercial in use, that the use could be allowed without detriment to the surrounding area, and that the par~ing reauirements were adequate. The plan proposed the addition of 64 parking spaces to serve a proposed 60 new guest rooms, a meeting house for 150 people, and a commercial build- ing. The Board reserved the right to approve the plan of landscaping as a condition of the Special Per~it. The Special Permit was not limited by its terms to any time period. The applicant did not COJ'Ylmence work under the Special Permit within the year due to financial problems. In April of 1978, the Town Meeting a~opted a revised zoning by-law under Chapter 808 of the Acts of 1975. The new by-law provide~ in Section VIII-E-6 that Special Permits shall expire after one year from date of issuance...if construction has not begun by such date except for good cause, and providjng thAt rhe expiration date may be extenced by the Board of Anpeals for a period not to exceed one additional year. At so~e time in 1978, the applicant reouested an extension of the Special Permit, whicD was considered by the Board of Appeals in an informal manner wDich does not appear in the minutes of the meetings, and on October 12, 1978, the Chairman informed the Building Inspector that the Special Permit had been extended to December 31, 1978. The vote and extension were not filed with the Town Clerk and were not recorded in the Registry of Deeds. A building permit was issued and work commenced on the project about October 16, ]978, and is still in progress. Due to the chanaes made In the zonIna by-law by the Town Meeting in April of ]978, there now exists a question of law whether the extension of the Special Permic in 1977 was necessary, as the original permit was not limited in ti~e. As this is now the subject of litigation in the Superior Court, which has permitted the construction to continue, the Board has, therefore, limited its consideration of the remainder of this application to the issues now open for our decision. ~ -3- Upon due deliberation, the Board of Appeals makes the following findings and decision: 1. The Special Permit granted in Case No. 011-77 was properly granted, filed with the Town Clerk and registered in the Registry of Deeds. 2. The extension of the Special Permit was not filed with the Town Clerk nor registere~ in the Registry of Deeds. 3. The applicant commenced work on the project in October of 1978, upon the understanding the permit was valid and has continued the project in reliance on the valictity of its huilding per~it. 4. The existing buildings shown on the Plot Plan, Plan B, substantially conform to the original proposal shmm on Plan A, with some rrinor changes in config- uration of the Meeting House and the corrmercial building. 5. The construction of the project conforms with the zoning requirerrents of the Limited Conunercial dis- tri~t as to size and location of the buildings. The permissable ground cover ratio of the project is 50% and the project covers 28%. ~here are no require~ents for fropt yeard setbacks in this dis- tr ict. 6. The proposed plan of ladnscaping shown on Plan C is substantial and attractive, and will provide adeauate screening to enhance the neiqhborhood, tut must be modified as necessary to provi~e adequate on-site parkina. 7. The Harbor House Hotel buildinq v7hich has frontaqe on North Water Street nust provide an adeuuate off- street loading area to relieve congestion on that street. 8. The parking areas provided for this project on Plan B and Plan C are inadequate for the oublic safety and ~elfare in view,of the increased trQffic a9d parklng problems WhlCh have developed Slnce l~ 7. ~ ,.. -4- 9. The application for the Special Permit may be granted as being in harmony with the general purpose and intent of the zoning by-law, and, subject to the conditions thereof, without substantial detri- ment to the character of the neighborhood. Upon motion of ~"'.rs. Cahoon, seconded by Hrs. Bartsch, it was unanimously voted: 1. To decline approval of the plan of development as built and affirmation of the Special Permit previous- ly granted, for the reason there exists no statutory or by-law authority for this procedure. 2. To approve the use of the property shown on Land Court Plan No. 36477-A, Lot 2, for hotel, motel, and restaurant purposes in accordance with Plan B, sub- ject to confitions hereafter set forth. 3. To grant that portion of the application for a Special Perreit approving the plan of landscaping set forth on Plan C, subject to the following conditions which shall he conditions of this Special Permit: a. A total of one hundred (100) parking spaces shall be provided, either on-site or on adjacent properties. b. One additional off-street loading facil- ity shall be provided adjacent to the Harbor House Hotel. c. The additional parking spaces and load- ing facility shall be screened or fenced from neighbor- ing properties. l~~~(\,)~ L \, \ i ~ ~~'.~<::> ~-&..~~ ~~~ BOARD OF APPEALS _f2<<JLrJ;~ ~LL~ ~-fk-~- _~ 1'-.~~__n- - CLfd~ FJ<6> - NOTICE A Public Hearing will be beld on January 16, 1979, at 8:00 P.M. at the TC'~Tl'.J and COUNTY BUILDING, BROAD and FEDERAL STREETS, NANTUCKE'I', !J\ASS., on the petition of SHERBTlP.NE ASSOCIATES, and others, to be granted a Special Permit under Section IV-E-2-e of the Zoning By-Law for the use of property at South Beach Street in Nantucket for hotel, motel, and restaurant purposes; see~inq affirmation of a Special Permit granted in Case 011-77, and approval of a Dlan of landscape and development as built. The said premises are zone LIMITED COMMERCIAL. BOBARD OF APPEALS Robert F.Moonev Judith Bartsch Eileen Cahoon FEE 5l Case No. ~ cjj - } (- APPLIC '\TION TO TI-JE BOA RD OF ~ PPEALS Nantucket \2.-\"-\-lS To the Members of the Board of .:',ppeals: The 'Hldersigned hereby appl1es for relief from the terms of the (ZOl':ING BY-L'\W) (BUILDING CODE) on property described belo,;,.'; Location of Property ~OU \'d ~El-\c. \--\ ~ i . Lot No. 2 Plan No.lC. ""'~ District is Zoned for \..- \ \\ \\ ~ c.u\\.\t~c. \ 8L. Type of structure (Existing or Proposed) or proposed use: c:::.\-\~URNE: t-\~~OC. CSCC'\\ 1: ~C. ? ((. ",'TN, ;- Owner's t-.'ame n~\\.~E. \"'u(l\~YL CJ. \N.C Owner's Address z.~ "-~\..~ ~\., ~~~l:.. \\\-\~ ~. Vv'hen did you acquire this property? \ '\ I., H as application been filed at Building Department? 'I (. S I-Jas any previous appeal been made? 'Ifc:::. Section of By-law or Code from which relief is requested: :i'L. \:. 2.. (f. Reccson for asking relief: ~~f\R"'~\\.ON Ot- S~E:(\.A\.... ?En.h\"\ bAA~rc~ (0\\:"\""\ ') I '?)<~~\i~l., O~ ~~\:~ CR ~yy~V ~l.... t. " \.S:')~~'\:)SC~:.")?E: ~ ~l((Wl t)~<{f. O~ A~ W\I...\ ~\...p\N OF Dt:\J{l.()~tt~ Signature of apPlican;'\C ,'o '\TTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. ~"n~ \Ll'Ll"h~(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 L:-uthority to make this application. BOAnD'S DECISION f\pplication submitted to Board Advertising dates TJparing date Decision of Board Decision filed with the Town Clerk I . * '4 . ."'""~.",-1>#"tt~!~l,'lll,,,"'t!,t,\JHi,~~'"4~1~,fi 1~' " OLld -721 ~X'~~~~ ~/~~ 8~ :J7~ A - ~ ~ tJ25"5"// 617 228-0771 February 27, 1979 Made1yn Perry, Town Clerk Nantucket Town and County Building Nantucket, Massachusetts Re: Sherburne Associates et a1 Dear Made1yn: Enclosed please find copy of Complaint in the Nature of an Appeal Pursuant to M.G.L. Ch. 40A, Section 17. This Appeal relates to the application of Sherburne Associates et al to the Nantucket Board of Appeals for a Special Permit (File No. 042-78). The decision of the Board of Appeals, which I am appealing, was filed in your office on February 7, 1979, and the Complaint was filed in Nantucket Superior Court on February 27, 1979. Very truly yours, I~~ Richard J. Glidden RJG :bmh Enc. ~ r. ~~~~~,,~~ ~~...'-~ t~~~ '~~b,._. \~~~ l'1 l lJ;\~. ';. ES-J (~\ 1[':11 ,;, [SO '.1'1f ~,rl~EET "A',~; 02!'i~4 ;';' ,);71 Cml~!()\I\'I:\I.TII (IF 'I-\SSI\CIII'Slrlc; ;\al1tuckct, S5. Super ior COllrt C i v i 1 r: 0 . SIIERBllRi\E ASSOC lATES n/B/A ISLAND HOTHS, ET AI. I~C. ) ['laint i ff-AppcI1:lnt) ) ) ) ) ) CHAf'TL!~ 40/\, SFCTlO:\ 1-;' CO\1f'L\T'\T IN TIll \ATI1RL (II. A\ ;\I'l'h\L [!\r1Fr~ CL:\fRAI. LAI\'S, VS. 1';ANTllCKET :::01\1;\(; BOAIm or APPJ:J\LS De rend;1 n t - Aprll' I I ('e 1. Plaintiff-Appellant is tIll' owner of cert;lin I;tnds In the Town ;lnd County of :\;tntlll'ket, ~bssad1l1Sl'tts, "',holm OIl I.. C. !'1;ln ::;(,17"'-\, Lot " lhcrcin;lftcr referred to as the Land); The Defendant-Appellee is the Nantucket Zoning l\o;lrJ of Appc;i1s. Its duly appointed and constituted rnemlwrs ;lre: Hohert F. ~looney, Fileen r. Cahoon, .Judith K, Bartsch, LydIc I.. !<ichard; ;1l1d .). l'Llintiff, Iwing ;lggl'ieved hY:1 decision of tll(' I',();trd (;1 l'()PY of ",hicil is ;Ittachcd hereto as Fxhihit ",\") rcLltive to;llI applil';ltion for:1 Spl'cial Permit, ;lppe;Ils to this Court jlursuant to M.C,I., Ch, 40\, Sec. 1- 1. !'ursll;lnl to ~!.r;,I" Ch.IO,\, SeL'. ]"', 1'];lintirr h;IS entered thi,; ;IPP\':1I within I\'l'nty ('::0) d:l)'s ,If tor thc dccision of the BO;lr\: \\:1:; rec nled in tlw Ufficc of the TO\\'I1 Clerk of \:lntud,et :md \\Titten notice of sHch :IPPl':11, togetlH'r \,ith:1 copy (If the hdhil1 ('oll1p1:lint, h;1\T !wel1 ,':ivcn r'o :ll1l1 l'cl'cived h~- the Tll\"n Cll'rk ',ithin SiKh l\,cnty ('::0) \l:Iys, A]I (,ther jurisdiction;il requirell1ents for i)rin~~ill.p, this !\PIW<l1 h:IH' hccn ll1et. ,'. On lkl'ell1hel' ...'...', l~)"'S, I'Llilltirf filed :In :qm]il':1t inn \\'ith thl' EO;lrd Df :\PJ1c:tls sl'eking ;1jljHOV;t! (If I Sp('\'i:11 Permit gr:lllted III 1()7~ III !)o:lrd of ~, l; i Ii (l [~~ t:~ IJ J, G,'D:ll., [SO ,,~j~HI :iir,ELT l 1 "" ''\''~; l'7 '1:'4 t, I .~,.':l,) III I Superior Court <:ivil ~o. Appeals Case No. 011-77 (a ,'opy of WhlCh is attachl'd hereto as Fxhihit "B"), and seeking approv;1! or ;1 l'l;ln or 1;llllhl':lping and dcvel(\pmcnt as huilt. 6. A public hearing was held on the ;lppliC:1tion by the Board of APreals on .January 16, 1979. 7. Pl:lintiff agrees wjth :111 the 1'"indings made hy the Board except those findings relating to parking r<.'quireT!lcnts and off-street loading requirements. i). Plaintiff ;lsse1'ts that the origin;il ;Ipprov;il hy the BO:lrd of .\rre:lls in 1~)j7 dealt with the p;lrkillg and off-street IO:lding f;lcilitil's :Jlld Plaintiff complied with the re'luiremcnts of the 1~)~7 decision, :lIld !']:lintiff furthl'r asserts th;lt therc h;1\1,-, ]H'l'll !lO signifiC:lllt Ch:lllgl'S in cirClllllst:lllce'; slnCl' 1~)77 to warrant thl' impo~ition of inl're;lsl'd parKing requirements hy the Board of l\ppc:lls, 9. SeL'tioll \11-( 20f the ;\;l1lttll'ket Zoning By-I.:lw de;lling with parkin!.: l'L'Lluiremcnts ~;pL'L'ifiL,;tily provides th;lt there ;Ire I1l) p:lrking requirTEle!lts for nOll-residential uses in the' Old lIistoric District wlwrein Pl:lintiff's property lies. 10. The decision of the Boad of Appeals requiring Plaint iff to provide ;1 total of OI1L' hundt'cd CWO) p;lrking spaces excccds the author'ity of the Board and till' n:quirement of providing one (1) ;Idditional loading facility also exceeds the ;lUthority of said Board. WIIERFFOJl.E, your P1:lintiff prays: I. That the deL'ision of the Board rcLlting to increased parking requirements ;lI1d off-street lO;lding f:IL'ilities he annulled; .. t. GL::\[)L,i. Esw J. G'.'[)D[~, ESQ \ N \ 'IL :; II:EEl ".1 1 MA.:;::; 02~54 to \.. ;I;'':U ('771 ~.; II P ( , r i ( I r Co 111'1 Civil ~;(). 2. That the Court grant such other re lief as it decl'1s just and appropriate. I S LAND HOTE 1.5, I NC . By The i r M tOrTley Richard.1. Cljdden ~7 Center Street Nantucket, ~1ass. Tel. 1'\0. 22R-0771 - :.; - ;~ ,I ':l '~ i,' ,:,",'t: ,:~. ~ " f. ;:' ,:', "~. ,.' ,,,,,,',"" 't'.:', -2- '1 In April of 1977, the Town Meeting changed the zoning of this area to Limited Commercial, which dis- trict may contain hotels, motels, and restaurants, and other uses, by Special Permit from the Board of Appeals. The applicant filed for a Special Permit which was granted after Public Hearing on June 1, 1977, in Case No. 011-77, and which was filed with the Town Clerk and registered at the Registry of Deeds. At the Public Hearing, the applicant submitted its proposal in the form of Plan A, which was not incorporated into the record or decision. The Board made fin:!ings, among others, that the area was primarily commercial in use, that the use could be allowed without detriment to the surrounding area, and that the paryinq requirements were adequate. The plan proposed the addition of 64 parkino spaces to serve a proposed 60 new guest rooms, a meeting house for 150 people, and a commercial build- ing. The Board reserved the right to approve the plan of landscapinq as a condition of the Special Per~it. The Specia 1 Permi t \vas not 1 imi tea by its terms to any time period. The applicant. did not cor:;mence work under the Special Permit within the year due to financial problems. ,.,~ In April of 1978, the Town Meeting adopted a j' ,! revised zoning by-law under Chapter 808 of the Acts of 1975. The new by-law provided in Section VIII-E-6 that i '1 Special Perr:;i ts sha.ll expire after one year from date I of issuance...if construction has not begun by such datel except for 900d cause, and providjnq that the expiration! date may be extenced by the Board of Anpeals for a perio~ not to exceed one additional year. I , , At so~e time in 1978, the applicant reauested an I extension of the Special Permit, which was co~sidered by! " the Board of Appeals in an informal manner which does I I ii not appear in the minutes of the meetings, and on < I , October 12, 1978, the Chairman informed the Building i Inspector that the Special Permit had been extended to , Dece~ber 31, 1978. The vote and extension were not I fi led wi tt1 ttlC Town C lL~rJ<-. and were not recorded in the .~ ,< Registry of Deeds. A building permit \I/a5 issued and ! , work cornmcncp.d on the proj ect about October 16, 1978, and is still in progress. n Due to the chan0es made in the zoning by-law by the Town Meeting in April of ]978, there now exists a . question of law whether the extension of the Special : i Permit in 1977 was necessary, as the original permit was! not limited in time. As this is now the subject of litigation in the Superior Court, which has permitted the construction to continue, the Board has, therefore, limited its consideration of the remainder of this application to the issues now open for our decision. i : , ,. ~_,"~_~_,,,,,'~'~~_'_".'."_.<4_ ";""_",,,,_'~'__~,_,~~-,"-,,,^,,.'~" .,~...-'"'~~.............,-'''''..... ' "',,,"',',"- .~~..,...~..', .',- , .',. . . ' -'-"~"'.......-.-.~ ....~_._._--~"'..__.....--_.......~~-~......-:......_~----- ---',~......... -----........- -..........--.-.-- -~_. --------~- ---- .r ; I , ~ l , I I I 1 1 l ! I f .. ~ ~ \: " , \ " ,-, ; ~ , ~ .......'-..._-.... 1 . , ~' : 1 \ , , )." 1 '~ :1' .~ ,J II " Ii ! j i I i /, ,~ F\ ~ BOA~.D OF APPEALS Nantucket, Massachusetts !' :1 \: !i DECISION: ;, II I! I! i; At a meeting of the Board of Appeals held on !.'! February 7, 1979, at the Town Building, in the matter oj " the Petition of SHERBURNE ASSOCIATES, ET AL d/h/a it ISLA..~D HOTELS, INC. (042-78), after due deliberation the Board found: I; I' I !, h jl !! 'I This is an application for a Special Permit for !j I! the use of ~roperty at South Beach Street shmm on Land I~ Court Plan No. 36477-A, for hotel, motel, and restauran1 II purposes, seeking approval of a Soecia1 Permit granted II in'1977 in Case No. 011-77, and apDroval of a oLJn of 'I Ii landscaping and development as bui 1 t. II This application was filed with the ~o2rd of ii Appeals on December 22, 1978, and was heard a t a Pub lie :! Hearing January 16, 1979. At the hearinu, the a~Dlicant :: submitted three plans for consideration, wh i ch were 11 accepted and are incorporate~ with the records of ~hc ij Board as fol101....s: Ii II P Ian A - ,I " ,- Ii Plan B - 'i : ~ :f Plan C Ii Ii lj fi Since the pending application is a matter of substantia: 1.1' PUb..liC concern, the Board of Appeal~ dee~s it necessary , to review in cetai1 the history of this project. The iloriginal Harbor House Hotel building which ante-dated 'I the zoning by-law, together with certain accessory l,buildings, contained 35 guest rooms and a restaurant. ,lilt is located on one lot of land which has frontage on I South Beach Street, Sea Street, North ~ater Street, and I . . " H~aston Street, and contains 3.19 acres. The surroundin~ Ii neighborhood is substantially commercial in nature and :1 contains several rooming houses, shops, restaurants, II and another major hotel. If, q I- II Ii :1 i ~ " Harbor House Ho tel, site pI c'n, c1i1 too r"ay 1977, by Gifford & Rich, ~rchilccts. Plot plan of land and buildings, dated DeceITber 6, 1978, by Shugrue & Hart, Inc. Site layout and planting plan, dated September 2, 1977, by John F. Gifford anc C. Willia~ Rich, Architects. 26, .. il :l ,. :i >I H , .~ U ! J j 'j 1 1 I :! } ,\ 'j , . 1 1; , I ... I ) ... . "f ',{ . '~I " , . ~ ~ . ~ , ~ '! J .~: ;~, . ~ . 'I " ...,__~__....,................._o...:_~_,_.;" ,._~______~,._...-.:..-_-----i_......._.--,--..- . ' It 'I II ii I' -3- ;1 L i! 1: Upon due deliberation, the Board of Appeals mal-':es :) ,. the following findings and decision: Ii " 1. " I; I " ,I it II 2. I' :1 d ~ j :: 3. Ii 1\ \1 1\ 4. d ji ,I " II '\ (I Ii Ii 5. " \1 L II Ii I, !' jj I i: !; 1i " 6. II I: " d 'i Ii H II :; 7 il . \1 I! !1 il Ii \~ 8. 1\ I' 1, i\ j! (i I' II r! , ii 11 ,I " :i !! i; \! " " " " H I. The Special Permit granted in Case No. 011-77 was properly granted, filed with the Town Clerk and registered in the Registry of Deeds. The extension of the Special Permit was not filed with the TO\vn Clerk nor rcgisterec in the Hegistry of Deeds. The applipant co~menced work on the project in October of 1978, upon the understanoing the permit was valid and has continued the project in reliance on the valictity of its huilding permit. The existing buildings shown on the Plot Plan, Plan B, substantially conform to the original proposal shown on Plan A, with some winor changes in config- uration of the Meeting House ano. the cOJT1mercial building. The construction of the project conforms with the zoning requi.rements of the Limited Corrunercial dis- I trict as to size and location of the buildings. Th~ permissable ground cover ratio of the project is 50% anf the project covers 28%. There are no require~ents for front y.~rd setbacks in this dis- trict. The proposed plan of ladnscaping shown on Plan C is substantial and aLtr~ctive, and will provjde adecuate screening to e~hance the neighborhood, but must be modified as necessary to provi~e adequate on-site parking. The Harbor Boase Hotel buildinq ,.!hich has frontage on North Water Street ~ust provide an adeuuate off- street loading area to rclieve congestion on that street. The parking areas provided for this ~roject on Plan B and Plan C are inadequate for the oublic safety and welfare in view of the increased traffic and parking problems which have developed Slnce lY/7. '( ! ( .. ; . ", , .~ ,\ ) .;1 n 'I j i I' "! i ! ,j . j .-'J .; ," .' .~ ;' "~ \ J ;~ " ,~ . ., ,> . , , , .~ -......,--......'"".------1--~.~---...:....~---'----..-~---..----- ~--- .~~_.-----~- .._~-"._---_._----- __~_.....__u__._ ...____..". -----"-,---" _.~ , ,I :1 ;i " I: ;; 119. I! 11 I; -4- I I The application for the Special Permit may be \ granted as being in harmony with the general purpose and intent of the zoning by-law, and, subject to i the conditions thereof, without substantial detri- ; ment to the character of the neighborhood. I (; " .! I ,I I, i: Upon motion of ~".rs. Cahoon, seconded by i'1rs. Bartsch, " it was unanimous ly voted: 'I l. I ~ 1. To decline approval of the plan of development il as built and affirmation of the Special Permit previous-i 'Il ly granted, for the reason there exists no statutory or I I by-law authority for this procedure. i L ~ 'I ' ;i 2. To approve the use of the property shown on :1 Land Court Plan No. 36477-A, Lot 2, for hotel, motel, il and restaurant purposes in accordance with Plan B, sub- il ject to conci tions hereafter set forth. :1 :1 3. To grant that portion of the appli ca tion for iI a Special Permit approving the plan of landscaping set n forth on Plan C, subject to the following conditions !I which shall be conditions of this Special Permjt: ., ii Ii a. A total of one hundred (l00) parking !i spaces shall be provided, either on-site or on adjacent 11 . i,l propert1es. :: " :: b. One additional off-street loadinq fac i1- :,' Ii .. II ity shall be provided adjacent to the Harbor House HoteL !l II :1 :i t! c. The additional parking spaces and load- ing facility shall'~be screened or fenced from neighbor- ing properties. ,t 'I i\ .. II Ii \) Ii \\.~~~(\)~:L \ '1 \ i ~ l! ~ ~4.~~ \: \v..,~~~~~-Q .~~ " ~---- ~~ '\ BOARD OF APPEALS J21t~Jl/L~---- ~ .~ n' j! / -.LJ!..--f-<~ .~ 0_ t1!-4~...-p--x..J ,;;; .---.------- __~ -r~~--- H II .1 l: ,I " " I' I: I: ;j 'I . \ i:l the mi\tt(~r or tlw pel itlrll' (,:' rrlwar(~ hurcL('lt crn:i-,77l' '11'. nic\1~Tc1 Corrin :lPIH"ll'cd 1,'1' the 1)\\llH'l" ct'! ,'ta~..d that h(' ,'l'prt'- s8nL(;d the ('()tlt.ract lJl1rchaser> rr!Jf~' land ~trf_~n is a :'~. ~ ~tcYe tr~J.r.t ] ocatl'c1 on Sur rs~ de nO~ld onp('sitc Tne Dt'rhy nestaul'~!ll. The si ic' 18 /~OlH'cl l'csidcntial---comIW;l'l-:jal ,,'.tlich aLl(,w,,,; a ccnt;'ac1:ors shon by ~~pc('lal pPl:nit.. The. ('()[} ;,:'cjl't ,)\\'H." d',; ~ ""e-; tn l1~ilC thl' prcr~~ ~;c::, a s t 11 C' ~3 i. t cor ,1. r::: e 1 it' r ,I 1 r' C n t. l':t ,.j -, r I :; S h 0 n . Tht; l;lnd lY 10r';\ i eel :ul-i;,c,'nl ;" ui-!1i')' properTY u:.;ed fc)r ,: '11- eral cunstruct iUl1, Commerei a1 Ub('~:; ,;urr'ound thp :,1'(';:. No other person sl'okc; j I' r:l\Ur ur (l})P'hi 1] on. The Chairman read a ](;1t('r l)'um the fl\;l'll'incr Board recommcnd- in~ approval of' the lWtitjC"'l1 After due d.el ih('r:ll~iol' i\]e l:-,;tJ'ci t01Jr d. The are;), is pl'lm;"Yi1v (',Utllll1c'l'cial "nel ';j"ht industrLll 1n uSC', The propo:-.ed 1..1S'," call h'--, (111 (,\ ,'d '.\1 thin,', an'.- d;ur8f.!:(' lU t ]1(' ;--',; c- round i ng a r eel . 11pon muti,l~l (.'f \j1', lI~-d'..:'. ~~i":'\ ':d,';:, t,-- ':rcc Cah()on, it \':,10-- '111- anir:1(Ylsly \'uted !:,) gl';1I1t 1'hf' p,,~, l ,n . .t r. ,-~ 1':-- 1.:t-' '. (! l r.!"'. ~T~'" 1. ~ -', ,:-. granted, ..' , , , ' i"" " . #'.\ ': ........%.,.) \ _:1; 1\ i.', ,\ ,J.r. '\,~.:.f/'" .r-~ ---\------.-'-=---.------ -- -' ~ ,"\. v - - .---"'--.---- --- ------------- ,.--...., \0 ,/ (~:..,., &'-;? ,,' "~,.- /) '/ / ./ ' I J _:,'-.;>.-;,~.L:1:..&,C.(....i- v'~-- ...-?2-::~,~- In the matter uf the petit,,);] ,_>1 I:::;]',,] I\ctC'ls Cr,lr.1pan:; (011-77): AitornC-'y Hichard Glidd('n ap}'p[1]'c'i for t110 j)(,titi('lh'r and stated thc' petitiullcr ire' the (1..\'n('1' (,1' T;ll' Earbor l1r)llc'-;C pre- mises, South Ec';c,-ch ~)tn;('t and ~3{';1 ,c trl"et ' '''1' ' 1 t j(; _LJ.nl art: Zl i ;-; :), 1 0 acres now partially w)(~d a:c; (1 hoti'; ~Ind r('SlLlllr3.nt. Thf-? Pet i t j_ oner . . pronose:.:; to ~ldr1 21.1 nn n:' r"rn1iTl(1 ('()\"(;r for ;1 tnt a 1 () f ~~G. 9~'~() and to use the ,idc:ed SO(1C(' [n" (-in l'('~':;ld'~nti~ll hotel uniU:;, three commc'rci a1 lIni tf'. and a rncl'ti, ng lH)tl;-~e. To Ull ground ('over is 27C', wherE'<ts tb,-" allowE~d ground cov~~r is ;iO". S1Ich a u~:e is allowed n~~~) ~:pcc'ial permit. under the new 7,on- ing by-1~lW. ;.11". G 1 i dd en f';t::1 t i'>,l t h :~t j [1(' P 1 ~l n 8. 1 h'\\)~ (j,l parking spaces wh ich\'~ '1(t('C:'ltatf' for t:1(' C1t,\e'l opmen t, t\ m,-,('rj!)~" roOHl to a('eom()d~lt(' \~)() rt'r~-;cms is part, 01' tbp 1)1an T1w en tire complex wi 11 an(l wi1'[ be avai1o.ble [('1' year.-rollnd uc~e. be clcc;if,:ned to be ~lvai J ;.l-,J \' for y(~~1 f'-l'Cmncl llc;C. !1r. Wil1'j~ln: Bi.eh, :lrCtlitE".t. r'Yl)18.1ncd physical 8.esthplieal poi nts of the dcsj~n ond ,1j scucs8d t Iw nn1'kj n pI an n nrl pl an tor 1 and sea pin l'; . and prps,.-.,rvatiur, ol'11':f'S \\0111d ~. "11 'lrif'ort~)nt 1'81'1 of th0 develop- [1(' f!~-;SlP't'd 11\(' Ro:,q'd 11\~11 ~\clC(lll~\tp us(' of screen; ng ment, '1r. \,";-lic]df'D st:ttcd th:li111e PI8nning B(Yll'd \'otcd to approve the p1:1n Clnd 1'c'cnmmc'nd approval Of th(~ pet; t irHl. No other' person ~:pC]':f' in [,1"("1' nr i 11 . .-' + . np1H;,,1,1_00 to the peti.- tion, :\l't(-"1' ell'i' d(-"lihc'ra-cj;H1 l.tlr. lk<l1'c1 f(,und' I , Thf," a l'f-',\;s pri'l ,.'] ,\ (,'!" t', i ~ll in ',:-;C ~tnd is surroundc'cl b,,' n'sral',rants. stores, ',;;1CJ\J~; :1 nrl ,',V1J:n n;.-; nOllSPs. 2. The uo-~e C~ln 1,(' a'lowed Wl111CUt' c1clrimcnt to th(' sl\rrC'und- ing area :J.no with adequatn s(';'c;ening will he rH'l1ctjeial to the neighhnrhood, 3 The ,)l'ln:lnt of ~lr,'~l L) rcm;lin unpavcd is ess0nti.a1 to the appcar:H1CP of 1;11'" aTf,?;:). ,it!d the p8rkin;~' requirements are aclE'quat0. Upon mot-ion or ~\1r. fhde. si-:'eolldt>d hy ~1rs, Cahoon. i t wa~; un- animousl;,' voted to r~r;Hlt t1:e ~;nc"ci a1 permi t ::.:;ubjeet tC) the appro- I , . " val (If thr' pl:1rl of landsc:lnili'"': ,lei ~~(: l'PCt} i tlg wh i ch anpro\'a 1 by thE' Bnonl ,,:' Arq)('~!l,:; If' ~1 C-C,nc1j1irH) or 1-h:;-: ~'~p(,(.j;l1 pc'rm'it ~fr. HolnH ": 17/C ; .~___~~__~ _ .~- _._":_____ ~--~:- --d_J--i~~~~-- ;, (, ,. abstainprl from ~~ting. I t J_/~ i \ /' \.J. ' , . " r"') , \ (~~rLtI..~,.\ \.A._!. O~~I..IJ:>- _., ..\ . ..._. ... __u _. ___.__._ ___ __ ___ . .n__ .-- ----- /// (" f);/ " -'- / _~t~~~_<~~,.~~....../____~r_,~/ -~~