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HomeMy WebLinkAbout072-03 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: o c1c:i.afr ;J " 200:3 Application No.: 072-0\.3 Owner/Applicant: - j)a.u ('& 13> f}oyt? " Go cl 1. ('r)o.re- ( ,) ~ d VJ ~1 ""-' 1ille ~~ , ~ c:l '\ ---t N -.I -0 W . - \0 To: Parties in Interest and Others concerned wit~the Decision of the BOARD OF APPEALS in the Applicat~~ of following: ;:- r- andL -' Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 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. ~(j,\J~~ ~ r- .3J Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING' TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Assessors Map 42.4.1 Parcel 30 LC 4 Harbor View Way Plan Bk. 8, Page 13, Lot 7 Deed Ref 235/90 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M., Friday, October 17, 2003, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the DAVID B. MORE AND GAIL D. MORE, of 4 Harbor View Way, Nantucket, MA 02554, Board of Appeals File No. 072-03, the Board made the following Decision: 1. Applicants are seeking a MODIFICATION of the Decision issued in BOA File No. 054-94, that modified Special Permit relief granted in BOA File No. 069-88, in which alterations and an expansion were allowed to a guest house (known as the Nantucket Landfall) and all but three parking spaces were waived. The Decision in 054- 94 contained a condition that the first floor rental guest room be converted to general living space if the third floor space was converted to a rental guest room, resulting in a 7- room guest house with new owner' s/manager' s quarters. Applicants now seek a modification to allow the first floor bedroom to again be used as a guest room, bringing the total number of guest rooms to eight, which is what the Inn is licensed for. No further relief from parking is necessary with the addition of the eighth guest room as the required number remains at six and three of the required six spaces have been waived previously, with three provided on site. To the extent necessary reliefby SPECIAL PERMIT is also sought under Nantucket Zoning By-law Section 139-33A to validate the previous changes to the Inn and to allow the addition of the eighth guest room. The Premises is located at 4 HARBOR VIEW WAY, Assessor's Map 42.4.1, Parcel 30, Plan Book 8, Page 13, Lot 7. The property is zoned Limited-Commercial. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the public hearing. The Planning Board made no recommendation finding that the matter did not present any issues of planning concern. There were no letters on file. 3. The Applicants, through counsel, represented that the Locus was benefited by a previous grant of Special Permit relief in the Decisions in BOA File Nos. 069-88 and 054-94. The Decision in BOA File No. 069-88 waived only parking related to an increase of guestrooms in a guesthouse known as the Nantucket Landfall, when it should have also granted the additional requested Special Permit relief under Section 139-33A to allow an alteration of a pre-existing nonconforming structure (an attached shed is sited within the rear yard setback area and the structure is not exempt as a single-family dwelling when conforming additions are added). Said omission is the basis of the current request for Special Permit relief under Section 139-33A to validate the previous construction of the conforming addition that included guestrooms and a new owner' slmanager' s dwelling unit with a separate kitchen. As a condition of the grant of relief in the Decision in 054-94, which allowed relocation ofa guestroom to the third floor in addition to other minor alterations, Applicants were required to convert the existing rear rental guestroom on the first floor to "general living space" and restrict the number of rental guestrooms to a maximum of seven. Applicants are now seeking a Modification of that condition to allow the conversion of said first floor room to use as a rental guestroom, increasing the total number of guestrooms to eight. The Health Department has issued a license for eight guestrooms, three on the first floor, four on the second and one in the attic space. Applicants further represented that the Modification as proposed would result in no new parking requirements, as the previous parking waiver covers the addition of one guestroom. 4. Based upon the foregoing, the Board finds that the Modification of the Special Permit relief granted in the Decisions in BOA File Nos. 069-88 and particularly 054-94 to allow the conversion of the first floor rear room to an eighth rental guestroom would not be substantially more detrimental to the neighborhood than the existing use. The Board notes that the guesthouse use itself is conforming, being a permitted use as a matter or right in the Limited-Commercial zoning district in which it is situated. However, as the structure is nonconforming as to parking and location, being sited within the required five-foot rear setback area, any expansion or alteration of the uses/structure need relief by Special Permit. The Board further finds that the previous construction of the conforming addition allowed in the Decision in BOA File No. 069-88 was not substantially more detrimental to the neighborhood than the existing nonconforming structure and that the structure is located in an area of mixed use, with several guesthouses proximate the Locus and is harmony with the neighborhood. 5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested MODIFICATION of the SPECIAL PERMIT relief granted in the Decisions in BOA File Nos. 069-88 and 054-94, to allow the conversion of the first floor room as proposed, and SPECIAL PERMIT relief to the extent necessary under Section 139-33A to validate the previously approved and constructed addition upon the following conditions: a. There shall be a maximum of eight rental guestrooms and no further conversion of living space without further relief from this Board; and b. The structure is sited substantially as shown upon the "Mortgage Plot Plan" done by Charles W. Hart, dated June 22, 1993, reduced copy of which is attached hereto and marked as Exhibit A. Dated: October). 7, 2003 ~ ~~~~ Dale Waine /1 // ~~ ~ ExlsnNG: G 4,Z ::I':.5. J=: ;S:..r~:F:.t;.~:v " . . .. . . . . . " . . . . ~,' . " . . . . . . . . . . -./'v(A,CKA. Y ..--- -' 7.5 2 ~r;y, W/F" GVlE:s-r .HOu.s~ ..... It} C') ~ ~ ''\., ':,,( 't ~ (!) ~ C!J I ,I I I I ,I 1 G.c. = ,2.020.:t;; :5. p. '{t '" ~ CO I J'?OO....,eD ,.O~CH. L_____ ZIV-Z/ ..:sr;y: o VJP; Ie "O~CH I 1 I I ;1/1 01 ~I I 77. 8 8 AR..80~ V//C.W v,{AY WA Y ..-- ..... PARKING AREA .>yo I . . . , , . I. i- 'lI III III '( t-.. ~ ~ o I ~ . ~ ': '{ "? CO 'f '( ~ c( 't ~ MORTGAGE PLOT PLAN OF lAND IN NANTUCKET, MASS. SCALE: 1-" IS' DATE: oG-,22-3.3 I CERllfY, 10 1llt BEST Of I.cY J<NOWllDCE. lHAT lHE PREUJSES SHOWN ARE l.OCAlED If FlOOD HAV.Rl) ZONE: ('\ -:?: ..oaHATED ON FJ.RJL I COWIlH1Y PNla NUI.IBER: 2.502.30-00 ..f./. .~ BY lHE FEDERAl DIERGENC'f ILW.GDIDrr N;EW::(. 'EfFECTIVE Il.lJ'E or WJlS: JUNE 3, 1984, NlO J.S PERIOOICAU.Y REVISED. Owner: .p~ .V! J? .~.~, ~~ ~.l.: -!>', ~?-;:-~, . . )"'",,,,,0"'" A.or Plan: ?' ~ . ~ -: /..:3. . ~ HA..RJiU>/e Locus: V./~r--: ~~?'. Deed: . ~~.;J'.- /3.0. . . . Tax Mop:'f~.~;I.-.~q . CHARLES W. HART & ASSOCIATES, Inc. SANFORD BOAT Bun.DING 4-9 SP ARKS AVENUE NANTUCKET, }{ASS. 02554- (508) 228-8910 THIS PLOT PLAN WAS PRE:PARED fOR WORTGAGE PURPOSES ONLY AND &s NOT TO BE CONSIDERED A FUU. msmuUENT SURVEY. THIS Pl1.H SHOULD HOT BE ~ Jfa ESTABUSH PROPEIm' UHf$. FENCES. HfDGfS OR llARY STRUClURfS ON THE PRaflSES. THE PROPERTY UNE:s SHOWN RaY ON CURRENT DfEDS AND PLANS OF RECORD. THIS PLOT PlAN &s NOT A camFlC4TJOH }S TO THE nnE OR OWNERSHIP OF THE PROPEIm' SHOWN. OWNERS OF' ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS OF THE TOWN OF tWlTUCKET. tJnT Tt"Ii Dr:' DC'"I'V'\Oncn U _ .Ll,1"\ f 1"\ ~~. V1-: ...."'" J/die.- 0/PT~aId ATTORNEY AT LAW 4 BARTLETT ROAD P.O. BOX 2567 NANTUCKET, MASSACHUSETTS 02584 FAX (508) 228-7526 fitzgrld@nantucket.net TELEPHONE (508) 228-7525 IN HAND January 9,2004 Ms. Catherine F. Stover, Town Clerk Town and County Building 16 Broad Street Nantucket, MA 02554 RE: Application of Sara S. O'Reilly Property: 4 Harbor View Way Map 4241, Parcel 0030 Dear Ms. Stover: Please certify the date and time of filing of the attached Board of Appeals Application on the enclosed copy of this letter. Thank you for your assistance. Very truly yours, leA~i~ Received and entered: Catherine F. Stover, Town Clerk , l.; ~ i. J. .- J. cc: Ms. Sara S. O'Reilly \...i':"/d~v~W ydie.Y l!1i!ff/3Jrald copy ATTORNEY AT LAW 4 BARTLETT ROAD P.O. BOX 2567 NANTUCKET, MASSACHUSETTS 02584 FAX (508) 228-7526 fitzg rld@nantucket.net TELEPHONE (508) 228-7525 IN HAND January 9, 2004 Nancy Sevrens, Chairperson Board of Appeals 1 East Chestnut Street Nantucket, MA 02554 RE: Application of Sara S. O'Reilly Property: 4 Harbor View Way, Nantucket Map 4241, Parcel 0030 Dear Ms. Sevrens: Enclosed for filing, please find the following: 1. Application with Addendum plus three (3) copies; 2. Certified Abutters' Lists plus three (3) copies; 3. Four (4) copies of Plot Plan, dated 6/22/93; 4. Four (4) copies of Board of Appeals Decision Nos. 069-88, 054-94 and 072-03; 5. Four (4) copies of floor plans; 6. Four (4) copies of letter of authorization from owners; 7. Two (2) sets of mailing labels; and 8. Check in the amount of $300.00 Please schedule this matter for hearing on February 6, 2004. Very trUIY:~ ~~ -' ~ / // / ue A Fitzge;'a1Or~ nclosures (, JAF lam cc: Catherine Stover, Town Clerk Ms. Sara S. O'Reilly NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 FEE: $300.00 CASE NO. APPLICATION FOR RELIEF Owner's name(s): Mailing address: Applicant's name(s): Mailing address: David B. More and Gail D. More 4 Harbor View Way, Nantucket, MA 02554 Sara S. O'Reilly P. O. Box 1436, Nantucket. MA 02554 Assessor's Map/Parcel: 42.4.1/30 Lot:No.: 7 portion Zoning District:Limited Commercial Locus address: 4 Harbor View Way, Nantucket Land Court Plan/Plan Book & Page/Plan File No.: 8/13 Date lot acquired:~/~ 85 Deed Ref./Cert. of Title: 235/90 Uses on Lot - Commercial: None_ Yes (describe) 8 rental quest rooms/owners apartments Residential: Number of dwellings_ Duplex_ Apartments_Rental Rooms Building Date(s): All pre-date 7/72? some or C of O(s)? I(c of 0) Building Permit Nos: 7099-89 and 11421-94 (open) Previous Zoning Board Application Nos.: 069-88; extension of 069-88: 054-94~ 072-03 State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: See Addendum attached hereto I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. ~ Applicant Attorney/Agent X ase enclose pro f of agency to bring this matter before the Board) FOR ZBA OFFICE USE Applicati received on:_/_/_ By: Complete: Need copies?: Filed with Town Clerk:_/_/_ Planning Board:_/_/_ Building Dept.:_/_/_ By: Fee deposited with Town Treasurer:_/_/_ By: Waiver requested?:_Granted:_/_/_ Hearing notice posted with Town Clerk:_/_/_ Mailed:_/_/_ I&M:_/_/_ & _/_/_ IIcaring(s) held on:_/_/_ Opened on:_/_/_ Continued to:_/_/_ \Vithdrawn?:_/_/_ DECISION DUE BY:_/_/_ Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_ DECISION APPEALED?:_/_/_ SUPERIOR COURT: LAND COURT Form 4/03/03 ADDENDUM The Applicant seeks modification of a prior Special Permit (File No. 072- 03, that modified relief granted in BOA File No. 054-94, and 069-88) to alter/extend a preexisting nonconforming structure by adding three (3) additional guest rooms. . One bedroom and bathroom on the first floor will be a conversion of space from part of the existing laundry area. . A half bath (powder room) is also proposed to be added to the first floor for general guest use. . Relief is requested to permit the existing owner/manager apartment to be used as a rental unit. o The apartment will be altered by moving the sleeping area into the existing loft space or within the existing apartment space and a bathroom will be added. o On the second floor, a bedroom and bathroom used as part of the existing apartment will be sectioned off into a separate room for guest rental. . The Applicant proposes to alter the third floor by partitioning existing space to create one (1) new guest room and reinstalling a previously exi~ting bathroom. All of the proposed changes are within the current footprint of the building. By the prior Board of Appeals Decisions the property may have eight (8) guestrooms as is currently licensed by the Board of Health and an owner/manager apartment. To the extent necessary relief by Special Permit is also sought under Nantucket Zoning By-Law Section 139-33A. To the extent necessary relief by Special Permit is also sought under Nantucket Zoning By-Law Section 139-18 B., relief from parking being in harmony with the general purposes and intent of the zoning by-law; that compliance with the parking requirements would be physically impossible for the applicant, have a significant and adverse effect on the scenic or historic integrity of the neighborhood or be contrary to sound traffic and safety considerations. To the extent necessary relief by Special Permit is also sought under Nantucket Zoning By-Law Section 139- 20, relief from the off-street loading zone requirements being in harmony with the general purposes and intent of the zoning by-law; that compliance with the parking requirements would be physically impossible for the applicant, have a significant and adverse effect on the scenic or historic integrity of the neighborhood or be contrary to sound traffic and safety considerations The proposed change is in harmony with the general purpose and intent of the Zoning By-law and is not substantially more detrimental than the existing nonconformity to the neighborhood. The property is located at 4 Harbor View Way, Assessor's Map 42.4.1, Parcel 30, Plan Book 8, Page 13, being a portion of Lot 7 on said plan. The property is zoned Limited-Commercial. })01-;' l U..i.." / n (~') li7\liTUC}'.E'r ZONING DOld~D or ],I'pEl,LS 'fUHLi hND comrry BOILDIHG NANTOCKET, MA 02554 ASS~SSOR'8 LIST OF PARTIES IN INTEREST ./ PROPERTY O~ER: DfWII) B.&f'e an&. ~ t"1 b.))o're. APPLICANT FOR RELIEF (SAME? ___): ADDRESS. OF PROPERTY: '-I ~~r\JL~~..t~ f.LJa..ll . I ASSESSOR'S MAP - PARCEL: 9~V/ - OD3Q * * LIST OF PARTIES INCLUDING ADDRESSES*(OR SEE ATTACHED ---): ., I certify" that the foregoing (or the attached ) lists all'p~rsqns.,<. natural or legal, 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 three hundred feet of the property line of Owner's property, as they (and their address) appear on the roost recent applicable tax list (per M.G.L. c.40A, section 11 and zoning Code Chapter 139, Section 139-29D(2)J. ~rr ,2~, ~Oo3 Da e *NOTE: Applicant (petitioner) should include with the lot for which zoning relief is sought, any commonly-owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. 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L-_ 77.88 Z ND ..Sr..>< ~'V~"'..... 1<<"o.II\:"_t-:::.I-,", ,'1<1 o ~ ,. - - -... ;;'.0 -.............""-'"'.-.---\ , ~ -' .. ... ./ .. / / d II ~ .H ...4. R... B 0 ~ V t E ).y~ VV A.. Y '~ 0: ..... '\,/ ~f '-_ ~.-:: ~,~.- "'r" ~~::: ..~..-.< /' '" ..... . . I Cf:RTlFY, TO THE ~l' Of MY ~ TH.i..T 1Hf PRDl1SES SHOWN ME l.OCATfD r.l FlDOO HAZARD ZONE: ~ ~ 7, ,~TED ON FJJUl I ~ PANa NUWOt 1502JO-OQ JJ. . .Q BY THf FtDfRAL ~ UANAG04)IT N;OJJ;y. EFFECTlVE [W'[ or WJ>S: JUNE J. 19U. AND ~ PERJOOlCMlY REVISED. THlS PLOT PlA.N \t/AS PREPJVill) FOR UORT"'uACE PURPOSES ONLY AND IS NOT TO B( CONSIDERED A F'lJU IN.5TRUj,f0lT SURVEY, THJS PlAN SHOULD NOT ~ 'Zf TO EST~USH PROPERTY UNES" F"ENCfS. HEDGES MJOlLAR STRUCTURES ON lHE. PRElIJSES. THE PROP(RTY LJNES SHOWN RELy ON ctJRROfT OE::E:DS AND PLANS OF RtCORD. THIS PLOT PlAN IS NOT A CERTlFlCATJON AS TO THE 1Tl1E OR OWNERSHIP Of ll-I( PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS OF mE TOWN OF NANTtJCKE:T. Mf-'J PTr::; II (~E'! Pl. rl'.I.' .L ',,,,, .J..,.. A'". \"..; .t'l, ..... . Itt... ' OF lAl\JD IN NANTlJCKET!, F'14CiE i:1J , , t'-. o . ~ l.tJ I, h l<.: Ii; ~ "\ ~ <l') I:\( (, 1 'f. - ,"---~ ,~ .... '( ~ (X ~, ''It; ~ "t"';I.!t ;\T ,~ .......Ax, '1__~_ ~ MASS. SCAlE: 1".. 15' DATE; (.; -,2 z -:},2, Own cor; -?:',.....-.IT:, .~. f-", ~~~:.:p.:'~~::)~"C.~. , . .P~ R_r ,--"~ ~c:"r D<led: . '::-:j3{J.-;3,O. .. Plan:?: ,f?-~/..:?. . -'1 /-fA ~'.J!i!;,-:>;<i'. Tox Mop:-1~--~:I.-.2;C: LocUS:,:'i~\,,\/. ,.v~?-" CHARLES W. HART & ASSOCIATES, Inc. SANFORD BOAT BUILDING 49 SPARKS AVENUE NANTIJCKET, MASS. 02554 (508) 228-8910 H-40 10 _~",-:::~'~;2u"'~n ~~'_ :'-<':_."~~"'" .''Jl;_~ C: ...,. NOT TO BE RECORDED. f . I I r .. llrr'. 310 f,~GE222 8 ..:....:...J;;:1_~~~~J"--."'~"'."..-"..-~.:::."':."N'i---~.: BOARD OF APPEALS MARTOCJET, MASSACHUSETTS 02554 i I I I j At a public hearing on Friday, August 5, 1988, at 1:30 p... in the Town and County Building, Nantucket, on the A.pplication (069-88) of DAVID B. AND GAIL D. MORE baving an address at 4 Harbor View Way, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicants seek a special Permit under zoning Bylaw Section 139-33A to reduce from 6 to 4 (or 3) the ,number of off-street parking spaces required with the proposed addition to their existing guest house. The proposed addition is to contain 2 guest rooms and an owners' apartment-type dwelling. Alternative relief by special Permit under section 139-3311 was included in the hearing notice. The premises (known as the Nantucket Landfall guest house) are located at 4 Harbor View Way, Assessor's Parcel 42.4.1-030, Plan Book 8, Page 13, Lot .7, zoned Limited-Commercial. 2. Our findings are based upon the Application papers, viewings, photoprints, correspondence and plans, specifically, Plan B and a 4-sheet set.~f blueprints (together identified as our Exhibit "A") received at our hearing together with testimony and reprentations. The matter was initially heard on July.a, 1988 and continued to August 5th. 3. Accompanying Plan B is a similar site utilization plan dated 4/13/88 showing the existing use of Applicants' 0.15 acre lot. The guest house is sited centrally of the lot, with utility shed attached at the northwest corner extending almost to the rear street line along Mackay Way. To the 'rear and northeasterly of the guest house is a utility and exterior stairway area screened from Mackay Way except for one off-street parking space. The rest of the lot is in open area more than meeting the requirements of Section 139-16F. The front yard is screened by a hedge from the sidewalk along Harbor View Way, but the westerly side yard is open through to Mackay Way. That openness is highly valued by neighbors along Mackay Way for light, air and view toward the Harbor. 4. In Plan 5, 3 parking spaces are shown where one now exists,alined off Mackay Way. While backing into the street is required, the street is, and should remain little travelled. A fourth space is shown off Mackay Way on the open, westerly lawn, but this area as well as the rest of the lawn and front-yard areas shown on Plan Bare to remain open and not to be used for parking or otherwise as would obstruct views. With that condition, we are able J I 'I ;l " ,; .;", .'{ "~"""'~~'4I,~~.J.k..,,,.....,....t1'lf"'~"""""'~_"""~"'~~'-:--~~'.?Ir'~""""""" C'-. 310 rl'c22~ to find that the scenic and historic integrity of the neighborhood can be preserved, whereas provision of the full number of required spaces would have an adverse effect. Applicants presonted data showing the very limited need tor guest parking, attributing that to the proximity of their guest house to the ferry dock (steamboat wharf) and their efforts to discourage guests from bringing cars. On this basis and to prevent curb cuts into Harbor View Way and resulting loss of on-street parking spaces, we find that relief from the futI parking requirement, providing only 3 spaces, is in harmony with the general purpose and intent of the zoning chapter. S. We note that one guest room is currently located on the first floor and 4 on the second floor. The Applicants will yacate third-floor sp~e when the addition is comDlet~. t~at space laCKing a second means' of egress required by the Building Code. Two Board members preferred that the addition be reduced in scale to serve, only as owners' quarters but were persuaded to grant the requested relief to ensure that that remaining yard area be left open, an attractive visual impact being so important at this l~cation. A 7-room quest house with nwners' aDartmentwill thus result with the relief here ~r~nted. As shown on the 'b"'l"uepf'ints 1:ornl1ng part ori:xhibi t "An;-the add i H nlJ....will be limited to 1-1/2.. stories for reduced visual/impact. Ac'corchng to Historic District"Commission letter of 8/1/88, the HOC favorably regards these presentation drawings based on a preliminary review. In framing relief here conditioned on sUbstantialcpnformity with Exhibit '''A", we address the zoning concerns; raised by the proposed addition and, of course, leave to the HOC any aesthetic requirements to qualify for a Certificate of Appropriateness. 6. Applicants did not pursue alternative relief under Section 139-33A nor provide evidence in support of the necessary findings for such relief. Since the requested relief is here otherwise obtained, relief under Section 139-33A must be denied. For the relief here granted, the Planning Board's recommendation was favorable. Some neighbors were supportive; the concerns of others we believe we have addressed in conditioning the relief granted. 7. Accordingly, by unanimous vote this Board grants to Applicants the requested Special Permit under Section 139-18G, waivina all but 3 parking spaces, subject to the_ conditions note above.. . ---... __~~Ai_ ---;J11 Dated August.X:>, 1988 - 2 - ......_".".~ -. "','.-",-'_..,1>'-..., '~""4_'-~:.:..ll'" "C~":"'''''~''..''17''- (..-..r-- .......~......r ".:~:":".~.':.~W~~.,.o;e.-~,.....,..,,.~ "'~~. .~ ,_________. _. ~ ~ ~ t :. !1 u ~ 1 . ~ ~~CK ;(~ ~~ ~ /f/fl. .' ",:,,:~"'..~::>.:~.<'> " r CE'ln:"TI'N~ !i~ys'f'~';: E'J.."';~~~c.~ THE Dms:o~ v:~ fllEJ !;..-""f.:';((;'- ::c-: .:.';-. (: ," ~ . " \.~.: :::;: : ).;:' 7i:.:;: ~t~~i;5;Uft~2U;;.T q:';";~~}~t~'; 'M ... f7: ~II ~ .,;-~. T~l.~ C~~< J ".~'!fi~/fI/';' I, /f ~ ". ',;- ,~. - ~... V~ ......./ 310~ _ ~' . //..--~ . W~lliam R. Sherma . ~ (j(~~ chael J. 'Mara . .....-. . ..-:'".~#; N"~ET COUNTY Recelwed and. Entered . OCT 2} 1988 "L 5: tSp'i . Att8It)t/4~ Frt....~ Reg~ter - 3- . , . 'll: -' ,.' . ;;;'~~~-e',~~~~~~~.r_-"':::::7"'-"~~__?I"'~-....:.i.N _ I I: ,H 1(; fi ; 1 'j !lOOK 3:31 rAGE 7G NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MA 02554 At a public meeting on Friday, July 28, ~989, at 3:00 p.m. in the Town and County Building, Nantucket, the requested extension of Special Permit O~-88 issued August 30, 1988, to DAVIDB. and GAIL D. MORE having an address at 4 Harbor View Way, Nantucket, MA 02554, was ,taken up informally and the Naptucket zoning Bo~rd of ~ppeals made the following DECIStON: 1. Applicants, by letter dated July 27, 1989, requested an extension of their 0{,9-8S'.special Permit, otherwise expiring by Augus~, 1989, one year after issuance, pursuant to zoning Bylaw section l39-30G. That section allows us to grant up to two 6-month extensions. \.2. ~ reason giV. en for needing an extension is that their application for a Building Permit is held up pending . issuance by the Department of Public Works of a Sewer Entry Permit. Thelatte~is required ~ecause the addition pursuant to Exhibit "A" of the Special Permit includes 2 first-floor guest bedrooms and a single second-floor --- ,pedroom ~n, the owner's apart:men-t:. An ~nder~n~te - delay in oEtaining the Sewer Enery permit is said to arise from the sewer moratorium ordered by the State's.Department of Environmental Protection. 3. Applicants' letter of July 27th says they have applied for the Building Permit "to --- move our kitchen to the 2d floor". At our meeting on July 28th, however, they represented that the first-floor kitchen would remain as shown in Exhibit "A" for serving guests. In outfitting the small second-floor owner's apartment kitchen, the commerc{al stove from the first floor might be used and replaced with a smaller commercial stove. I. ; 4. ,Applicants are not seeking - nor are they obtaining here - any altera ad ition per Exhibit "An allowed . pecial Permit. We note th~s partICularly because the manager's apartment in the proposed second-floor addition will not accommodate both of them and their 2 children. The Special Permit relief was granted on the express condition that no one, neither the owner's family nor anyone else, would occupy the third f1 oor . S J?_! e..ng.Jtfi,.J~.A.~~ f amil y caD.l).Qj:.,..b.e...g.c.c...QmmPJ1a..tJ~_cL in the owner's apartment, guest room space must be used, J.,~a.'y_~.ng_JJi!~~,,~ha..~_.:L,gy'est -!:.29E~_!.QL.ren~.in.g....J:)..ut.!.. The Spec~al Perm~tallowed a generous expansion of the building so that the unsafe occupancy of the third floor would be discontinued. (~ ~' .".......... 'I' "," I File No. 069-88 IlOOI< 331 PAGE 77 5. For clarity, we summarize the conditions or the 069-88 Special Permit: (1) Substantial conformity with Exhibit "A" is required, including provision of the 3 parking spaces at the easterly corner of the lot off Mackay Way. (2) The westerly lawn shown on Plan B of Exhibit "A" ex.tending from Mackay Way past the new addition to and then (as the front lawn) along behind the hedge bordering the Harbor View Way sidewalk to the easterly lot line shall remain open, not to be used for parking or otherwise as would obstruct views. (~) The third-floor space will be vacated and left unoccupied when the addition is available for occupancy. . 6. We add that Applicants will make no material change in the spatial use of the premises without first obtaining an appropriate modification of the Special Permit following a public hearing. 7. Upon the foregoing conditions, Applicants' Special Permit 069-88 is extended for 6 monthS to expire by March 1, 1990. . \ ~~~/yrf !;::r/~~ I CERTIFY THAT 20 DAYS HAVE ElAPSED mER JIlE. D~CIS19~ WAS FILED IN TIlE OFFICE OF THE,T Dvm tlEilK.,AND THAt .. NOAPPEALliASBrrNfILEb~'fERS~>9:TO~~LAWS '.' 4OASECTION1~' ,. ..,.. ;~.." . ',". . ;' ~. -;.-- :rowr'I.ClERK. . ~': .' . . '. \ d... ~urjt"~.~l't~\~' _ :;:~}~:.;.:~~~::<~tr::,: ." :.;' ':~" 0 fi 1.\ O!. ,,:,~,"'('~I.' 1;./',,' , I, ".~,:~.,'~"J"':I,:,"II'\.'.\. '- '..... - - 2 - .....:... NANTUcKET COUNTY AeceJwed and Eotemd . AUG 311.i89 It): ~ lll./ll: . Attest.>#~ hL..~ Regisler .( __-.1... Iln . or :d \1\ :;oOK0453PACi 071 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Oi\l;e: July ~ 7 , 19 94 TOI Parl;ies in Interesl; and. Others concerned wil;h the Decision of the BOARD OF APPEALS in the Application of the following: 1\pplication No.: Owner/Applicant: 054-94 DAVID B. MORE AND GAIL D. MORE Encl'osed is the Decisionaf .the DOhRD OF hPPEhLS which has this day been filed in the office of the Nantucket Tovn Clerk. An Appeal from this Decision may be taken pursuant to s~ction 17 of Chapl;er 40h, Milssachusetts General'La:!!~~" Any action nppea1ing the Decision must be brought by filing an complaint in court within TWENTY (20) days nfter this day's date. ,Notice of tho action with a copy of thO 'complaint and certiffed copy of the Decision must be given to the Town Clerk so asto.be received within such TWENTY (20) days. 'c- ~O~~lJ~~ Dale W. Wa no ,Chairman CCI '1'ovn Clerk Planning Board Building commissioner , 1 ~oK0453rACt072 Map 42.4.1 Parcel 30 LC District 4 Harbor View Way Deed Book 235, Page 90 Lot 7, Plan Book 8, Pg. 13 NANTUCKET ZONING BOARD OF APPEALS ' NANTUCKET, MASSACHUSETfS DECISION: I I i !. The Board of Appeals, at a public hearing held on July 8, 1994, at 1:00 p.m. in'the Town and County Building, Nantucket, Massachusetts, made the following DECISION on the application (OSIf.94) of David n. More and Gail " D. More with a mailing address of 4 Harbor View Way, Nantucket, MassJchusetts 02554. 1) Applicant is seeking relief by MODIFICATION of Board of Appeals File Number 069-88 in order to allow the relocation of one of the existing seven guest rooms to the third floor of the structure. Exterior renovation to the exterior stairs, which serve as a tirc;.tscape, are.,also proposed. However" the footprint of the existing structure jill not be increased, and no additional parking spaces will be requireU. The premises is located at 4 HARBOR VIEW WAY, Assessors Map 42.4.1, Parcel 301 as shown in Registry Plan Book 8, Page 13, Lot 7. The property is zoned Limited-Commercial. ' , 2) Our findings arc based upon thl npplication, paPers, pians, and represenwtions and testimony from the applicant and npplicant's attorney received at !lIe hearing on July 8, 1994. No recommendation regarding the proposed project was malic by the Nantucket Planning Board staff. 3) The existing Special Permit (069-88), under Section 139-18G, waive<! all but 3 of the off-street parking spaces rcquired for the proposed addition to the existing guest house. The addition, conwining two guest rooms and an owners' apartment-type dwelling, resulted in a 7-nxlm guc.~t house with' owners' apartment. Paragraph 5 o~ J>ermit 069-88 ~fied on December 13, 1989, provides that "the thi~ll-t1arbc-usC(f for commercial and/or gllest hOllse purposeshul shall be limited to family use. . 4) The Board finds !llat this condition regarding the third floor use was imposed in response to potential Building Code issues. The applicant's current renovation proposal,will comply with all Building Code requirements. J"",~.~""""':',';~".,.o",,,"~J"""'"~"~'.___""""">_.i<~.""":""_~.""'-'''.<'''''._''..,-.c...._....~~~>fd__..~_~~~_...~...,...__~~__.-..J , f ;;\ ( ~OOk()<I~~PAC[()~~ Accordingly, by unanimous vote. the Board GRANTS the requested modification of Special Permit 069-88 to allow one of tlle existing 7 guest rooms to be relocated to the third floor DriJ1cslnicture on .. e following /pnditio~ .~ a) No more than one guest room and one bathroom shall be permitted on the third floor; b) Renovations required by the Building Code shall be'made to the third floor;' and c) The existing first floor guest room located off the living room shall be converted to general living space. Daled: July ;?11994 ----- . RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 JUL 27 1994 TIME: ( ( : If.r.t- . c~ f\J-Ra~ . ICERTlfYTHAT 20 OAYS I \O\VEELAPSED AfTER rilE Dt:CIS10:-'. W.l.SfILEO.lljlf!E OfFIC. E Of THE TOWN CLERK, AN!) THAT .' ~.tfM ~'P'~~/I~Ep:PERSUANT TO GENERAL LA~ " ltQu .st<lllOO.l1 . ",":, I "~I,,,,,"~~..I.':t.. . '.".';;~'i~::;,,"~:r~ '.r~Cl.ffiI( . .,...........~., .......6. .., ~itJ" "I", .,tf)'-~T' "'~'~; :' '.. ll,;.,~/:".. .' ", ~"rJ..t~," ~ .,'.,/,,1 .. .~. : ", _.j. .._ .. ....., .,.,' . '.. I ,_ " . . . ,"di .. .... i. '.f" ..,,' .~'. \ _ "".t', ~ '. .. ,.....:.....f<'.,,' ,;1",;;.: ,,,:""jU 1 199~ ;(~.~~~, ~ ~\,.:'r..'~ :;',".:;~.. ~~ It....1::..~~:~ G 7 ~.'h\t>:..;..: '".~.~ :"~:.::~~~: .;: . . '~'. "/~"o""""'"~''' ,'. ":,;:\(".:~.~r'i;~. n,~OR-f\.... ,,0' . ~'\l""", /~I";'f.lt ", ~. ft'..-: I, ..;>~ :. .~. " . , '- ...... Nancy Sevtens eI-cw<ff1;J- {l~d'all\~ Linda F. Williams . AUG 1 7 1994 NANTUCKET COUNTY REC'O ENTERED J: S-/11'1 SANDRA M CHADWICK ArrEST REGISTER 2 End of Instrument ~~--.._- f t~ ~ I r f r ~: :~ . .. h' :J 1. i, TOWN OF NANTUCKET BOARD OF APPEA.LS NANTUCKET, MASSACHUSETTS 02554 Date: o c1c:i.afr ;J " 2003 To: Parties in Interest and Others concerned wit~-1the Decision of the BOARD OF APPEALS in the Applicat~n of ~e following: ~ N -J d \.J.j Application No.: 072-0\.3 . . ~a.u l'& 13 f'royt? " Gu c I ~. ('r)o.re- l--~- Owner/Applicant: a ndL -u w \0 Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 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. ~U,\JM~M ~ ~, 3, Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW 9139-301 (SPECIAL PERMITS); 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. €C): ~~~~~~[t' TOWN OF NANTUCKET ZON1NG BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Assessors Map 42.4.1 Parcel 30 LC 4 Harbor View Way Plan Bk. 8, Page 13, Lot 7 Deed Ref 235/90 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M., Friday, October 17,2003, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the DAVID B. MORE AND GAIL D, MORE, of 4 Harbor View Way, Nantucket, MA 02554, Board of Appeals File No. 072-03, the Board made the following Decision: 1. Applicants are seeking a MODIFICATION ofthe Decision issued in BOA File No. 054-94, that modified Special Permit relief granted in BOA File No. 069-88, in which alterations and an expansion were allowed to a guest house (known as the Nantucket Landfall) and all but three parking spaces were waived. The Decision in 054- 94 contained a condition that the first floor rental guest room be converted to general living space if the third floor space was converted to a rental guest room, resulting in a 7- room guest house with new owner's!manager's quarters. Applicants now seek a modification to allow the first floor bedroom to again be used as a guest room, bringing the total number of guest rooms to eight, which is what the Inn is licensed for. No further relief from parking is necessary with the addition of the eighth guest room as the required number remains at six and three of the required six spaces have been waived previously, with three provided on site. To the extent necessary relief by SPECIAL PERMIT is also sought under Nantucket Zoning By-law Section 139-33A to validate the previous changes to the Inn and to allow the addition of the eighth guest room. The Premises is located at 4 HARBOR VIEW WAY, Assessor's Map 42.4.1, Parcel 30, Plan Book 8, Page 13, Lot 7. The property is zoned Limited-Commercial. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the public hearing. The Planning Board made no recommendation finding that the matter did not present any issues of planning concern. There were no letters on file. 3. The Applicants, through counsel, represented that the Locus was benefited by a previous grant of Special Permit relief in the Decisions in BOA File Nos. 069-88 and 054-94. The Decision in BOA File No. 069-88 waived only parking related to an increase of guestrooms in a guesthouse known as the Nantucket Landfall, when it should have also granted the additional requested Special Permit relief under Section 139-33A to allow an alteration of a pre-existing nonconforming structure (an attached shed is sited within the rear yard setback area and the structure is not exempt as a single-family dwelling when conforming additions are added). Said omission is the basis of the current request for Special Permit relief under Section 139-33A to validate the previous construction of the conforming addition that included guestrooms and a new owner's/manager's dwelling unit with a separate kitchen As a condition of the grant of reiief in the Decision in 054-94, which allowed relocation of a guestroom to the third floor in addition to other minor alterations, Applicants were required to convei1 the existing rear rental guestroom on the first floor to "general living space" and restrict the number of rental guestrooms to a maximum of seven. Applicants are now seeking a Modification of that condition to allow the conversion of said first floor room to use as a rental guestroom, increasing the total number of guestrooms to eight. The Health Department has issued a license for eight guestrooms, three on the first floor, four on the second and one in the attic space. Applicants further represented that the Modification as proposed would result in no new parking requirements, as the previous parking waiver covers the addition of one guestroom. 4. Based upon the foregoing, the Board finds that the Modification of the Special Permit relief granted in the Decisions in BOA File Nos. 069-88 and particularly 054-94 to allow the conversion of the fIrst floor rear room to an eighth rental guestroom would not be substantially more detrimental to the neighborhood than the existing use, The Board notes that the guesthouse use itself is conforming, being a permitted use as a matter or right in the Limited-Commercial zoning district in which it is situated. However, as the structure is nonconforming as to parking and location, being sited within the required five-foot rear setback area, any expansion or alteration of the uses/structure need relief by Special Permit. The Board further finds that the previous construction of the conforming addition allowed in the Decision in BOA File No. 069-88 was not substantially more detrimental to the neighborhood than the existing nonconforming structure and that the structure is located in an area of mixed use, with several guesthouses proximate the Locus and is harmony with the neighborhood. 5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested MODIFICATION of the SPECIAL PERMIT relief granted in the Decisions in BOA File Nos. 069-88 and 054-94, to allow the conversion of the first floor room as proposed, and SPECIAL PERMIT relief to the extent necessary under Section 139-33A to validate the previously approved and constructed addition upon the following conditions: a. There shall be a maximum of eight rental guestrooms and no further conversion of living space without further relief from this Board; and b. The structure is sited substantially as shown upon the "Mortgage Plot Plan" done by Charles W. Hart, dated June 22, 1993, reduced copy of which is attached hereto and marked as Exhibit A Dated: October ~ 7, 2003 \J~LAJ 'f L~ N3' Sevroos / / , I /-------~--.- ~~l~)~ ~ Dale Waine /! /,1 / /'iJ JI. / ;;g1711/ .' 'ard Tole /. EXIS11NG: G4,Z :t:SJ=: ;S:..er4- :~.?~:-v " . . .. .. . . . . .. " .. .. .. .. .. .. .. .. . " . --./'v(A,CKA Y !<l al 7.5 2 ~ry. W-//C' GUJii:-sr /<ouSJS '- <I} I') ~ II I .... '- 'l.. I( 'i (~ ~ fQ yo '" G.G, :; ,2.0:2.0 ~ ;::;.p. N 0) I )Q.OOP,eD FO"'-CH. L_____ 77.88 I I I I ''\{I 01 t'.11 I ~~~Vf: + / ).VA yo ~ PARKING AREA /' l- 'll llj III ~ { <I) \'{ , 'I. . ': ? ~ 'It- '< eX 0( ~ ~ AR-BO?<:, V.l..cyv "VI(" A Y I CERTIfY, 10 nte" BEST or It( IQlOVll1DGE. lliAT 1ltE PROllSES SHOWN ME lOCJJED >>l FlOOD HAZARD ZONE: t1 ;-.~ .,DalNfAiE!) ON fJ.lUL I COIlIII.H1Y PANa NUUBER: 2S02JO-OO .f.l. . .q BY lHE flDWl. DIERGEJlC'f w.NAGomrr NIDa. . mtCllVE !WE or 1WlS: J\JN( J, 19M, mo J.S PERlOOlCAl.l.Y REVISED. THIS PLOT PlAIJ WAS PREPARED FOR MORTGAGE PURPOSES ONLY AND IS NOT TO BE CONSIDERED A ruu. INSTRUMENT SURVEY. THIS PWI SHOULD NOT BE USED TO ESTABUSH PROPERlY LJNES, frnCES, HEDGES OR }.j('( ANClLlARY STRUCTURES ON THE: PRfllISES. mE PROPERlY lJNES SHOWN RELY ON CURRENT DEEDS ).Nf) Pl.mS OF RECORD. THIS PLOT PlM IS NOT A CER1lFlCA.TION AS TO mE TITLE OR OWNERSHIP Of THE PROPERlY SHOWN. OWNfRS Of ADJOINING PROPERTIes ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS OF lHE TOWN Of fWlTIjCKIT. MORTGAGE PLOT PLAN OF lAND IN NANTUCKET, MASS. SCALE: 1... IS' DATE: G-ZZ-3:3 Owner. .p-:-.Y!Z! .~':f<-. (j---:-~,-; -?'.~?~~. . . 7'AA.T 0"" LOT Deed: . ~~{J.-/3.o. .. Plan:;~ .E}~/..3. . ~ H.AR.BO.R. Tax MQP;"f~.~;I.-.~~ locus: >:/~\'V: I;V-:"-?". r..",~ CHARLEs W. HART & ASSOCIATES, Inc. SANFORD BOAT BUILDING 49 SPARKS AVENUE NANTUCKET. 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'-""""= -=~.--- ----------.....;:-.:..::-- l:~ ::,j ~,j'1,1 'rl(l:~ 1-1, ~(; FA,\ :>:JK22I'liSZ6 .IT'LU:..). f i rZCERALD Esrj ~002 CC2 December 29,2003 RE: 4 Harbor View Way (Map 4241; Parcel 0030) We hereby authorize Sara S. O'Reilly, contract purchaser, to file an application with the Zoning Board of APpeals, l.Iw\K k.: rL. Y~l<.'...J . f"L f'~ ~~I"1 'T ,",(.fr. ~~;tZ alA, k- 2b-:J ~ (h;, / /J1rJ~ Gail D. More KEITH M. YANKOW, ESQ. (508) 228-6688 4 lHIRlY ACRES LANE P.O. BOX 675 NANTUCKET. MA ~JS4 -n-'/l Gerald Stiller & Anne Meara, 'Irs Harbor View Realty Trust 118 Riverside Drive, Apt 5A New York, NY 10024 Sylvia R. Griggs, Trustee c/o Safe Harbor Guest House 2 Harbor View Way Nantucket, MA 02554 Nantucket Island Resorts LLC P. O. Box 1139 Nantucket, MA 02554 Mary Valentis 5 Lower Sage Hill Lane Menanbs, NY 12204 Fair Wind Partners c/o Anthony 1. Houghton 5280 N. Ocean Drive - Apt 5C Singer Island, FL 33404-2612 Nantucket Island Resorts LLC P.O. Box I J 39 Nantucket, MA 02554 George F. Nyren, 'II' NyLee Trust P. O. Box 1451 Westboro, MA 0 I 581 Nantucket Island Resorts LLC c/o NI Management P. O. Box 1]39 Nantucket, MA 02554 Town of Nantucket c/o Park & Rec 2 Bathing Beach Road Nantucket, MA 02554 Walter R, Hess. 'II' Sherburne Associates RT P O. Box 359 Nantucket, MA 02554 t~\\~,{~-~~: <.'>~V (It) rtt~ 5,~~, t;::mp!ate for ,. Collatz, Eugene & Judith, 'Irs 12 Harborview Way Nantucket, MA 02554 Bruce M. a& Madeline S. Kaplan. 'Irs Kaplan Family Nominee Trust 96 West Mountain Road West Simsbury, CT 06092 Nantucket Island Resorts LLC c/o NI Management P. O. Box] 139 Nantucket, MA 02554 Nancie B. Taylor 76 Easton Street Nantucket, MA 02554 Nantucket Island Resorts LLC c/o NI Management P. O. Box 1139 Nantucket, MA 02554 Patricia Wazan & Janice Bayer I MacKay Way Nantucket, MA 02554 G P Gulbrandsens c/o John & Karen Goulet 32 Sturbridge Road Wellesley, MA 0248] Glenn S. & Scott D. Bowman & Jean E. Tanch 252 Weathersfield Street Rowley, MA 0] 969 Robert A. & Claire S. Greenspon 49 Old Fann Road Darien, CT 06820 Robert M. Burton, 'II' Burton Family Realty Trust P. O. Box 3]05 Nantucket, MA 02584 Nantucket Yacht Club P. O. Box 667 Nantucket, MA 02554 William H. & Christina 1. Spicer ] 0 E. Robin Road Holland, P A 18966 Walter 1. Lee, 'II' S & K Realty Trust 169A W. Main Street Westboro, MA 0]58] Alan & Nancy Forster One Swain Street Nantucket, MA 02554 Walter R. Hess, 'II' Sherburne Associates RT P. O. Box 359 Nantucket, MA 02554 Nantucket Yacht Club P. O. Box 667 Nantucket, MA 02554 Nantucket Yacht Club P. O. Box 667 Nantucket, MA 02554 Walter R. Hess, 'II' Sherburne Associates RT P. O. Box 359 Nantucket, MA 02554 ': ~,ser ~5 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 PAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, OCTOBER 17, 2003, IN THE CONFERENCE ROOM, TOWN ANNEX Bun.DING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: DAVID B. MORE AND GAIL D. MORE BOARD OF APPEALS FILE NO. 072-03 Applicants are seeking a MODIFICATION of the Decision issued in BOA File No. 054-94, that modified Special Permit relief granted in BOA File No. 069-88, in which alterations and an expansion were allowed to a guest house (known as the Nantucket Landfall) and all but three parking spaces were waived. The Decision in 054- 94 contained a condition that the first floor rental guest room be converted to general living space if the third floor space was converted to a rental guest room, resulting in a 7- room guest house with new owner' s/manager' s quarters. Applicants now seek a modification to allow the first floor bedroom to again be used as a guest room, bringing the total number of guest rooms to eight, which is what the Inn is licensed for. No further relief from parking is necessary with the addition of the eighth guest room as the required number remains at six and three of the required six spaces have been waived previously, with three provided on site. To the extent necessary relief by SPECIAL PERMIT is also sought under Nantucket Zoning By-law Section 139-33A to validate the previous changes to the Inn and to allow the addition of the eighth guest room. The Premises is located at 4 HARBOR VIEW WAY, Assessor's Map 42.4.1, Parcel 30, Plan Book 8, Page 13, Lot 7. The property is zoned Limited-Commercial. ~~~ THIS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508..228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE NO. CI7 2,-03 FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s):3:a.() {'J B. ~re..- o.Y1dl c;:.q {'I P. {'(Jore~ Mailing address: if /larhnr (//"P(() UJaYI AJonYuda'f./ mIJ..CJ2-..5'Jl.( ( ( CJJfJLe ) C,CJJ('IJ2) , Locus address: r r VI e t<J CUo. Assessor's Map/Parcel: If), 'to / -030 Land Court Plan~ok & P~Plan File No.: 0 Lot No.: 7 Date lot acquired:..j,.JJ1LJ~eed Ref.lCert. of Title: ;{35" / 9D . Zoning District: L~ Uses on Lot - Commercial: None_ Yes (describe) ~ 'f- ~1J.e-- ((ani. fall) 0 Residential: Number of dwellings_ Duplex_ Apartments~Rental Rooms 7 Building Date(s): All pre-date 7/72? or ~(Cj~ C of O(s)? K Building Permit Nos: Previous Zoning Board Application Nos.: L) fo 9 -?~ IOj7-f.-<j'i Applicant's name(s): Mailing address: State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: ~ (JJ CwrJ7r 0tAL ~~~ Cl ()1ddJ.'~ IcoCJl-r Qr1 cj ~ d&C1.PI(n J!V;~? ~/?'i? 6NYfl ~ 0JrffI' . OS-VA? j. uJlt, tJ... ~~ rtD ':-- CQIl,U'm-' 7hN-_~ (/, /I^ ~ ~~rJ a;z\ C' ~ ~ C(J)1~ I" ~ d-4- ~lX-V ~ t::1 - &f0 t((J%ctI CW-. ~ ~~o-~tO\W r!::1-JW?1-- ~ fCVVT\--OJJ a f~ 'ofrb; rfteMutk{). ~ aoPci.A ~ ~ _CcVn C!Y~t1dr--~~M; t.t:~ua1tifct(k'rWJch~- I ce ify th' fo at' knowledge, undev t SIGNATURE: Applicant ~torney/Agent (If not owner or owner's attorney, p ease enclose pr Qf of agency to bring this matter before the Board) ~ (a..-, FO A FFICE USE Application received on: I IV / By: Complete: Need copies?: lL'l '\ FiledwithTownClerk:C\.I_/~P' __ BuildingDept.:~__ y: (fOJJ Fee deposited with Town Treasurer:4-i1L:l~ By: aiver requested?:_Granted:_/~_ Hearing notice posted with Town Clerk:-.iI321 (f;;Mailed:jglJ V&M: 1()7dQ:;& 1~:iL.t2z Hearing(s) held on:_I_I_ Opened on:---1_I_ Continued to:_I_I_ Withdrawn?:_I_I_ DECISION DUE BY: 1 I Made: 1 1 Filed wrrown Clerk: I 1 Mailed: I I --- --- --- --- DECISION APPEALED?: I 1 SUPERIOR COURT: LAND COURT Form 4/03/03 EXISTING: G -4- 7;;2 ::I': .5. J=: ;S:'*~:~.t;.~:N .. . . . . . .. .. .. . " .. .. .. .. . .. .. eo.. " ....Jv'C.ACXAy ..--- 7'/. .9 0 ~ "l j 7.5 + I WAY' " PARKING AREA I, l- ll( ll) III '\ l'-. ~ ~ o I'l.' ~ ':?~ CO 'i- '( r< ~ 't ~ 2 ~ry W-/p Gv~.s-r .,HovsJo: '- CI) \') ~ \l I "- .....'to> ........... 't ~ ~ (\/. 't If) '{o ...... G,c. = :z.O:ZO~ ;5,P' \'{ OJ I ,ROO,t<,eb FOR.CH. L_____ 77.68 t!,Jl>J.V.">'f',.', J-C A "'" ~ 0 ,.,. _~~ ;';--~OF- - <"'... ,..... L-' r.... //\.~\. \ \\ 'l1-4.r "~ Vo(" A Y ~;/,~ If.?c. "i. d'c:,' ~:\; jl 2' r;H.Ai.~LES <iJ, ~ il8l' If:rn j~ I,t .},\ Al N', ""'4G9 .' ~\ " .. '.~ . ).)\ L;J~ ,'P-,~" __ ....-\) ~f " --'\..<". \- .' ".":1t~,C A:",' ~_t.LS'.,'-<" t../' 4,"h"l. al${iiJi$;w " -30.-j j TO: .q..~.. ~~~~~-:"-.I..; ..l"!-.o.":-:.G;-":-~.J=:..... 0eR..VIC~.s. JIVe. I CERTIfY, 10 lHf' BEST Of 1ft KNOWI.EDCE. mAT mE PRDlISES SHOWN ARE l..OCA1ED ~ FtOOD K(lARD ZONE: :4 7" 7: .,DEUNEAlED ON fJ.JUL / couuumv pma HUUSER: 2.50230-00 J.l. . .Q BY lHE fEDERAl. EUERGOICV UANAGEl.lOO NIDC(. 'EFFECTIVE DATE Of UAPS: JUN( J, 1986, AND /.S PERlOOICAIl.Y REVISED. THIS PLOT PlAN WAS PREPARfD FOR UORTGAGE PURPOSES ONLY AND IS NOT TO BE CONSIDERED A rull. INSTRUUO/T SURVEY. THIS PWI SHOULD NOT BE USED TO ESTABUSH PROPERTY LINES. fENCES. HEDGES OR AN( ANCILLARY STRUCTURES ON 1HE PREUISES. lHE' PROPERTY UNES SHOWN RfLY ON CURROlT DEEDS AND Pu.NS OF RECORD. THIS PLOT PWI IS NOT A CER1lf1CATION AS TO lHE TITlE OR OWNERSHIP Of THE PROPERTY SHOWN. OWNERS Of ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS Of lHE TOWN Of tWlTUCJ<ET. \ I I I . ill 01 t\!, I V .I E:- YV MORTGAGE PLOT PLAN OF lAND IN NANTUCKET, MASS. SCALE: 1"= IS' DATE: (o-Z2-32 '-:_""'-~~ Owner: -'P-:--.V!;; .~.~. ~~~~ -?'. -^:'-?~:z. . . :?"",;q.r 0,.,. A-or Deed: . E'-~{5'.-;3.o. .. Plan:?~ .~-;/..3. . -4- HAR.BOR- Tax ~ap:--f~.;t:;I.-.~~ Locu3:y'/~\'V: I;V~?'. CHARLES W. HART & ASSOCIATES, Inc. SANFORD BOAT BUILDING 49 SP ARKS AVENUE NANTUCKET. MASS. 02554- (508) 228-8910 H-4n' n ,. = WI u~.t' + COIUl'll'VA"O. rou....,.,OIl!. '"C. .' ~~1 ~c ~~1.. ..~ ~ ~ ~ '$> ,\\1) o o o ..J....r-' -' ;; "'1:"001 1o....':eUOI t< z ~ ~ ~ ~m ~~~ ~ w........o .~ ~~~ () ~ ~ ~ . SHEEf INDEX (r(~\\'1l ami (.'otlllt~. of TUCKET U/l,HHll,<:11UHPt.tH -........ . Mtl..c Ic_k TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: July ~ 7 , 19 94 To: Parties in Interest and, Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 054-94 Owner/Applicant: DAVID B. MORE AND GAIL D. MORE Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 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. cc: Town Clerk Planning Board Building Commissioner Map 42.4.1 Parcel 30 LC District 4 Harbor View Way Deed Book 235, Page 90 Lot 7, Plan Book 8, Pg. 13 NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS DECISION: The Board of Appeals, at a public hearing held on July 8, 1994, at 1:00 p.m. in the Town and County Building, Nantucket, Massachusetts, made the following DECISION on the application (OS~94) of David B. More and Gail D. More with a mailing address of 4 Harbor View Way, Nantucket, Massachusetts 02554. 1) Applicant is seeking relief by MODIFICATION of Board of Appeals File Number 069-88 in order to allow the relocation of one of the existing seven guest rooms to the third floor of the structure. Exterior renovation to the exterior stairs, which serve as a ftre escape, are also proposed. However, the footprint of the existing structure will not be increased, and no additional parking spaces will be required. The premises is located at 4 HARBOR VIEW WAY, Assessors Map 42.4.1, Parcel 30, as shown in Registry Plan Book 8, Page 13, Lot 7. The property is zoned Limited-Commercial. 2) Our findings are based upon the application, papers, plans, and representations and testimony from the applicant and applicant's attorney received at the hearing on July 8, 1994. No recommendation regarding the proposed project was made by the Nantucket Planning Board staff. 3) The existing Special Permit (069-88), under Section 139-18G, waived all but 3 of the off-street parking spaces required for the proposed addition to the existing guest house. The addition, containing two guest rooms and an owners' apartment-type dwelling, resulted in a 7-room guest house with owners' apartment. Paragraph 5 of Special Permit 069-88 as clarifted on December 13, 1989, provides that "the third floor area shall not be used for commercial and/or guest house purposes but shall be limited to family use." 4) The Board fmds that this condition regarding the third floor use was imposed in response to potential Building Code issues. The applicant's current renovation proposal will comply with all Building Code requirements. 1 Accordingly, by unanimous vote, the Board GRANTS the requested modification of Special Permit 069-88 to allow one of the existing 7 guest rooms to be relocated to the third floor of the structure on the following conditions: a) No more than one guest room and one bathroom shall be permitted on the third floor; b) Renovations required by the Building Code shall be made to the third floor; and c) The existing first floor guest room located off the living room shall be converted to general living space. ..... Dated: July ~ 1994 Dale W. Waine M~~~~ Nancy Sevrens ~-U#)~/j Linda F. Williams c5 I__.;J ::0 :1' .:-> 11 C/) ---, ~ tu J ~.. --J -J "" .d ::J ,--') - july94\moredeci 2 .-.-,"""'- , -> TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 R'-4lfst 9 ' 198Cl File No. o lfL q - <?C6 To: Parties in interest and others f,X'T€ ^-.J 5 I 0;0 Re: Decision in the Application of D A-tJ I D 8. QVjcQ G A-l L 1>. VYJd e E. Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the decision must be brought by filing a complaint in court within twenty (20) days after this 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. (JJw?u\ fl,i If/dL _ William R. Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MA 02554 At a public meeting on Friday, July 28, 1989, at 3:00 p.m. in the Town and County Building, Nantucket, the requested extension of Special Permit 0~-88 issued August 30, 1988, to DAVID B. and GAIL D. MORE having an address at 4 Harbor View Way, Nantucket, MA 02554, was taken up informally and the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicants, by letter dated July 27, 1989, requested an extension of their 0~~-82Special Permit, otherwise expiring by August 30, 1989, one year after issuance, pursuant to zoning Bylaw section 139-30G. That section allows us to grant up to two 6-month extensions. 2. The reason given for needing an extension is that their application for a Building Permit is held up pending issuance by the Department of Public Works of a Sewer Entry Permit. The latter is required because the addition pursuant to Exhibit "A" of the Special Permit include:;; 2 first-floor guest bedrooms and a single second-floor bedroom in the owner's apartment. An indefinite delay in obtaining the Sewer Entry Permit is said to arise from the sewer moratorium ordered by the state's Department of Environmental Protection. 3. Applicants' letter of July 27th says they have applied for the Building Permit "to --- move our kitchen to the 2d floor". At our meeting on July 28th, however, they represented that the first-floor kitchen would remain as shown in Exhibit "A" for serving guests. In outfitting the small second-floor owner's apartment kitchen, the commercial stove from the first floor might be used and replaced with a smaller commercial stove. 4. Applicants are not seeking - nor are they obtaining here - any alteration of the addition per Exhibit "A" allowed by their Special Permit. We note this particularly because the manager's apartment in the proposed second-floor addition will not accommodate both of them and their 2 children. The Special Permit relief was granted on the express condition that no one, neither the owner's family nor anyone else, would occupy the third floor. So long as the entire family cannot be accommodated in the owner's apartment, guest room space must be used, leaving less than 7 guest rooms for renting out. The Special Permit allowed a generous expansion of the building so that the unsafe occupancy of the third floor would be discontinued. File No. 069-88 5. For clarity, we summarize the conditions of the 069-88 special Permit: (1) Substantial conformity with Exhibit "A" is required, including provision of the 3 parking spaces at the easterly corner of the lot off Mackay Way. (2) The westerly lawn shown on Plan B of Exhibit "A" extending from Mackay Way past the new addition to and then (as the front lawn) along behind the hedge bordering the Harbor View Way sidewalk to the easterly lot line shall remain open, not to be used for parking or otherwise as would obstruct views. (3) The third-floor space will be vacated and left unoccupied when the addition is available for occupancy. 6. We add that Applicants will make no material change in the spatial use of the premises without first obtaining an appropriate modification of the Special Permit following a public hearing. 7. Upon the foregoing conditions, Applicants' Special Permit 069-88 is extended for 6 months to expire by March 1, 1990. - 2 - Form 5-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 ~. 13 , 1989 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application NO.O~-~ of: ~ CUAcP ~H/}J1&L-fZ- Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. This decision [provides a clarification and not a modification - or - authorizes a Temporary Permit under zoning Bylaw Section 139-26H]. ~A'a/A- 44d1cW- Willlam R. Sherman, Chalrma~ cc: Town Clerk Planning Board Building Commissioner to find that the scenic and historic integrity of the neighborhood can be preserved, whereas provision of the full number of required spaces would have an adverse effect. Applicants presented data showing the very limited need to guest parking, atributing that to the proximity of their guest house to the ferry dock (steamboat wharf) and their efforts to discourage guests from bringing cars. On this basis and to prevent curb cuts into Harbor View Way and resulting loss of on-street parking spaces, we find that relief from the full parking requirement, providing only 3 spaces, is in harmony with the general purpose and intent of the zoning chapter. 5. We note that one guest room is currently located on the first floor and 4 on the second floor. The third floor area shall not be used for commercial and/or guest house purposes but~wC- shall be limited to family use. Two Board members preferred ~ that the addition be reduced in scale to serve only as owners' .~r quarters but were persuaded to grant the requested relief to ensure that the remaining yard area be left open, an attractive visual impact being so important at this location. A 7-room guest house with owners' apartment will thus result with the relief here granted. As shown on the blueprints forming part of Exhibit "A", the addition will be limited to 1-1/2 stories for reduced visual impact. According to the Historic District Commission letter of 8/1/88, the HDC favorably regards these presentation drawings based on a preliminary review. In framing relief here conditioned on substantial conformity with Exhibit "A", we address the zoning concerns raised by the proposed addition and, of course, leave to the HDC any aesthetic requirements to qualify for a Certificate of Appropriateness. 6. Applicants did not pursue alternative relief under Section 139-33A nor provide evidence in support of the necessary findings for such relief. Since the requested relief is here otherwise obtained, relief under Section 139-33A must be denied. For the relief here granted, the Planning Board's recommendation was favorable. Some neighbors were supportive; the concerns of others we belief we have addressed in conditioning the relief granted. 7. Accordingly, by unanimous vote this Board grants to Applicants the requested Special Permit under Section 139-18G, waiving all but 3 parking spaces, subject to the conditions noted above. Dated: August 30, 1988 - 2 - \. U \J), l DO./ // (;/.. .-. .-" ~. ./. , -...,. / ~."'" Iv'/}'/ /i........ ,/ ,(j-t"--- William R. Sherma ~ (J I h~ 'chael J. O'Mara - 3 - Form 5-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 6lu9. 13 , 1989 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application NO.O~-~ of: ~ wcfJ ~.fh1t2/U2- Enclosed is the ,decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. This decision [provides a clarification and not a modification - or - authorizes a Temporary Permit under zoning Bylaw Section 139-26H]. fPIir · cut<- ~ d1rJ-V- Wil11am R. Sherman, Cha1rma~ cc: Town Clerk Planning Board Building Commissioner (J lJ bk I ~r/flf1 ffJtJd' vJ1J;;-s ~/ [Kat. /h7f3fC/,H-- r ./O{? /~ .j, j1II /1ohf~ /13:4 / nkW yJtt?'3~ ff--fS-z;(:> if :r/~ ~ :r to find that the scenic and historic integrity of the neighborhood can be preserved, whereas provision of the full number of required spaces would have an adverse effect. Applicants presented data showing the very limited need to guest parking, atributing that to the proximity of their guest house to the ferry dock (steamboat wharf) and their efforts to discourage guests from bringing cars. On this basis and to prevent curb cuts into Harbor View Way and resulting loss of on-street parking spaces, we find that relief from the full parking requirement, providing only 3 spaces, is in harmony with the general purpose and intent of the zoning chapter. 5. We note that one guest room is currently located on the first floor and 4 on the second floor. The third floor area shall not be used for commercial and/or guest house purposes but~~ shall be limited to family use. Two Board members preferred ~ that the addition be reduced in scale to serve only as owners' .1( quarters but were persuaded to grant the requested relief to ensure that the remaining yard area be left open, an attractive visual impact being so important at this location. A 7-room guest house with owners' apartment will thus result with the relief here granted. As shown on the blueprints forming part of Exhibit "A", the addition will be limited to 1-1/2 stories for reduced visual impact. According to the Historic District Co~ission letter of 8/1/88, the HDC favorably regards these presentation drawings based on a preliminary review. In framing relief here conditioned on substantial conformity with Exhibit "A", we address the zoning concerns raised by the proposed addition and, of course, leave to the HDC any aesthetic requirements to qualify for a Certificate of Appropriateness. 6. Applicants did not pursue alternative relief under Section 139-33A nor provide evidence in support of the necessary findings for such relief. Since the requested relief is here otherwise obtained, relief under Section 139-33A must be denied. For the relief here granted, the Planning Board's recommendation was favorable. Some neighbors were supportive; the concerns of others we belief we have addressed in conditioning the relief granted. 7. Accordingly, by unanimous vote this Board grants to Applicants the requested Special Permit under Section 139-18G, waiving all but 3 parking spaces, subject to the conditions noted above. Dated: August 30, 1988 - 2 - NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 August 30, 1988 File No. 069-88 To: Parties in interest and others Re: Decision in the Application of DAVID B. AND GAIL D. MORE Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the decision must be brought by filing a complaint in court within twenty (20) days after this 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. &~ William R. Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk Historic District Commission " BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 At a public hearing on Friday, August 5, 1988, at 1:30 p.m. in the Town and County Building, Nantucket, on the Application (069-88) of DAVID B. AND GAIL D. MORE having an address at 4 Harbor View Way, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicants seek a Special Permit under zoning Bylaw section 139-33A to reduce from 6 to 4 (or 3) the number of off-street parking spaces required with the proposed addition to their existing guest house. The proposed addition is to contain 2 guest rooms and an owners' apartment-type dwelling. Alternative relief by Special Permit under section 139-33A was included in the hearing notice. The premises (known as the Nantucket Landfall guest house) are located at 4 Harbor View Way, Assessor's Parcel 42.4.1-030, Plan Book 8, Page 13, Lot 7, zoned Limited-Commercial. 2. Our findings are based upon the Application papers, viewings, photoprints, correspondence and plans, specifically, Plan B and a 4-sheet set of blueprints (together identified as our Exhibit "A") received at our hearing together with testimony and reprentations. The matter was initially heard on July 8, 1988 and continued to August 5th. 3. Accompanying Plan B is a similar site utilization plan dated 4/13/88 showing the existing use of Applicants' 0.15 acre lot. The guest house is sited centrally of the lot, with utility shed attached at the northwest corner extending almost to the rear street line along Mackay Way. To the rear and northeasterly of the guest house is a utility and exterior stairway area screened from Mackay Way except for one off-street parking space. The rest of the lot is in open area more than meeting the requirements of Section 139-16F. The front yard is screened by a hedge from the sidewalk along Harbor View Way, but the westerly side yard is open through to Mackay Way. That openness is highly valued by neighbors along Mackay Way for light, air and view toward the Harbor. 4. In Plan B, 3 parking spaces are shown where one now exists, alined off Mackay Way. While backing into the street is required, the street is, and should remain little travelled. A fourth space is shown off Mackay Way on the open, westerly lawn, but this area as well as the rest of the lawn and front-yard areas shown on Plan Bare to remain open and not to be used for parking or otherwise as would obstruct views. with that condition, we are able .\ to find that the scenic and historic integrity of the neighborhood can be preserved, whereas provision of the full number of required spaces would have an adverse effect. Applicants presented data showing the very limited need for guest parking, attributing that to the proximity of their guest house to the ferry dock (steamboat wharf) and their efforts to discourage guests from bringing cars. On this basis and to prevent curb cuts into Harbor View Way and resulting loss of on-street parking spaces, we find that relief from the full parking requirement, providing only 3 spaces, is in harmony with the general purpose and intent of the zoning chapter. 5. We note that one guest room is currently located on the first floor and 4 on the second floor. The Applicants will vacate third-floor space when the addition is completed, that space lacking a second means of egress required by the Building Code. Two Board members preferred that the addition be reduced in scale to serve only as owners' quarters but were persuaded to grant the requested relief to ensure that that remaining yard area be left open, an attractive visual impact being so important at this location. A 7-room guest house with owners' apartment will thus result with the relief here granted. As shown on the blueprints forming part of Exhibit "A", the addition will be limited to 1-1/2 stories for reduced visual impact. According to Historic District Commission letter of 8/1/88, the HDC favorably regards these presentation drawings based on a preliminary review. In framing relief here conditioned on substantial conformity with Exhibit "A", we address the zoning concerns raised by the proposed addition and, of course, leave to the HDC any aesthetic requirements to qualify for a certificate of Appropriateness. 6. Applicants did not pursue alternative relief under Section 139-33A nor provide evidence in support of the necessary findings for such relief. Since the requested relief is here otherwise obtained, relief under section 139-33A must be denied. For the relief here granted, the Planning Board's recommendation was favorable. Some neighbors were supportive; the concerns of others we believe we have addressed in conditioning the relief granted. 7. Accordingly, by unanimous vote this Board grants to Applicants the requested Special Permit under section 139-18G, waiving all but 3 parking spaces, subject to the conditions noted above. Dated August 3:::), 1988 - 2 - ( 0 (D!t-g~) b/:/(4IL- William R. Sherma ~ (J I h~ 'chael J. O'Mara - 3 - "<~Y'-''-!;'''''';.'.~'''' """'""_"'!S'+?"";"".H.,~ ';'~~%{",.:~:,,;":r~_)I,l~":'''lf:J(i:_-~~~ ~~',->~'~~"",::'>-'-"'~~ J( . .'~ 11 (,.jl<f - .J?/J ~\vA~' ~ fI~) /' (' o(,~J ~ ..Jj A C~.A r PLAN .B J . . 7f~/ , '. . . . ~~~~, , bP\ ". 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J f20w L..Af-J 0 AIJ D ,Ac.:;f-";;X; ~ ,-~ o~;/; ~ RECEIVED BOARD OF ASSESSORS t 6- ,b{J Town of Nantucket SEP '1 8 2003 TOWN OF NANTUCKET, MA ZONING BOARD OF APPEALS r7 - LIST OF PARTIES IN INTEREST IN THE MA TIER OF THE PETITION OF PROPERTY OwtiER:D\\:~~\'1. .~.";; ..M!?~1;.(~~'~?r b"-l)p, J L) MAILING ~DDRESS...'f...f:l.r(J.i?:PP~V.l.)?:w....~.t9:.7'1.1-:!.~!OClLt2;; . P-t. - D2 ss-{ PROPERTY LOCATION...... ...gf1.~l!... .,. ............ ...... ..... ....... .., ....... .: /"1?.. '-I / - 50 ASSESSORS MAPfPARCEL... .:::r.... ..:....f......................... ............ ...... APPLICANT. D f.44\~..~. G.t4-.l:~. . .l~/9?..................... ...... . .. 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' ' . ,II; ~ :; ,t ~';-, ;,.. ~ Certificate No: OP-2003-0359 Building Permit No.: BP-2003-0741 Commonwealth of Massachusetts Town of Nantucket Building Electrical Mechanical Permits This is to Certify that the____uu___mm~~~_~_~y~~mmum___ located at Dwelling h"'3 in the 4 HARBOR VIEW WY TOWN OF NANTUCKET Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY Add 3rd fl guestrm & bath/convert 1st fl guestrm to common area/fire escape repairs Co is for permit 11421-94 Map 42.4.1 Parcel 30 This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires __uu_m___uu_m_ummm______u____ unless sooner suspended or revoked. ~ Expiration Date ~~~~___~_:?________ Issued On: Mon Aug 11,2003 .__u________muum_u___u___m__muu_u_mummumumuu__u GeoTMOO 2003 Des Lauriers Municipal Solutions, Inc. ;~i "II . 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(BSEPEaftC) ." ~:. . . . ..(" FOOD SERVICE A V AII..ABtE: i< "p (B~m:.aAC) LENGm OF SEASON: ~ t'V1d ODNTAcrPE~ON: ~~~ OTHER COMMENTS: . ~--_..;.... LODGlNQ i-rOUSFJ INNHOLDER OORMITOR.Y' DA.rn QF INSilEC'[ION: 2?) (; S/o3 NMffiy{Y1limM fe~ fJ /.~._~~ .LQCA~ON ADDRESS: If ~ //trlA~ uJ~ MAIUNG ADDRESS: ~M.( . . . . l'a:ONE:Zzo.-CJ~ PERSON.INCHARGE:~~j~.AO>:.Ylq NUMBER'-OF ROOMS RENTED: '. ?5 . ~1UVATEORSHAREDBAm aJ~' ~;t;,. (BEst'EaRC) .'~ ~;. . 't FOODSERVlCBAVAlLABLE: f.\z.p (B~~ . LENGnI OF SEASON: 4'rAA0f CONTACT PERSON: 7Gvl1/l \ OTIffiR COMMENTS: . .----- . .. .... ...- -..