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HomeMy WebLinkAbout043-80 ~, . OLf3 - ~L) ~1 Town of Nantucket Zoning Board of AI'I,eals Nantucket, Mass. 02554 December 29, 1980 Re: HAROLD W. LINDLEY (043-80) 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. Robert F. Mooney, Chairman NANTUCKET BOARD OF APPEALS ,...._~~~ . . . r v BOARD OF APPEALS Nantucket, Massachusetts DECISION: At a meeting of the Board of Appeals held Wednesday, December 17, 1980, at 3:30 P.M., at the Town and County Building, Nantucket, in the m~ter of the application of HAROLD W. LINDLEY (043-80), after due deliberation, the Board found: 1. This is a petition for a variance from the use provisions of SECTION IV of the By-Law to permit the operation of a guest house on property formerly used as an inn at 38 Orange Street in a dis- trict zoned Residential/Old Historic. The property was licensed as an inn for 18 yearA. As it was not so operated after 1972, it does not have the benefit of a pre-existing use under the Zoning By-Law adopted in that year. 2. This building was originally constructed and operated as an inn or hostelry dating back to 1870. It was one of several inns " which then existed on Orange Street. The building itself is one of the largest private structures in the Town of Nantucket, standing four stories high, with over-sized rooms, high ceilings, and porches on the east side affording a view of the harbor. It has sufficient parking space for six or seven vehicles. The petitioner urges the fact that it has become uneconomical to own and operate this property as a private nome due to costs of heat, taxes,and maintenance. The property is currently assessed for $234,200. The Planning Board recommended favorable action. 3. The Board has the power under Section 7G of the By-Law to grant a variance to authorize a use or activity not otherwise per- mitted in the district in which land or structure is located. We have granted such uses only in exceptional cases where the need is manifest. ~ecause of the unique construction and history of this propert~, we believe this is such a case. We specifically find that th1s building was built and used as an inn for several decades, that it was licensed for such use, and operated without detriment to the neighborhood, and that its present use is neither economical nor justified by present conditions. The unusual construction of the building makes its use as a private home very questionable. The costs of ownership and maintenance have sur- passed even Nantucket standards. The property does have parking available for guests and staff. 4. Under all these circumstances, the Board finds that owing to circumstances relating to the shape and topography of the struc- ture, and especiall effecting such structure but not generally affecting the zoning district in which the property is located, a literal enforcement of the provisions of the By-Law would involve substantial hardship, financially and otherwise, to the petitioner;, and that desirable relief may be granted without substantial ! detriment to the public good and without nullifying or substan- ! .: tially derogating from the intent and purpose of the By-Law. : reasons set forth, the petition for a variance to permit and operation of the property at 38 Orange Street shown Book 3, Page 31, as a guest house, is granted by unanimous; For the the use , on Plan vote. ~~~,"t\:,.~ ~~~~""""'~~"\l\~~ ~\\.'.\~~..~. ~.~~ BOARD OF APPEALS /) :J ('1 . I (<<,-.vi h Itl t>~=y<: , \.:' \ ,"I tI ~('~/~~ fJf/l ' ri I~ · "1 CCi.\: ,( ~l to\. . ^ '41- NOTICE */</l A Public Hearing of the BOARD OF APPEALS will be held Friday, November 21, 1980, at 3:00 P.M. in the TOl~ AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the application of HAROLD W. LINDLEY for relief under SECTION 4 to permit the operation of a guest house in property formerly used as an inn. Said property is located at 38 ORANGE STREET and is zoned RESIDENTIAL/OLD HISTORIC. ~~L.1b:"~"'~~ '\\.~~'-,-~ ~ \ \." ~ ~ \.\.~ ~ c ~-.....' ~,-~~~,L~. ~'*-~ . '- ~~ " BOARD OF APPEALS Robert F. Mooney, Chairman AB-l " FEE Case No. tJ '1,3 ,~ f() APPLICATION TO THE BOARD OF APPEALS Nantucket 9/2]/80 To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the ' . ':' (ZONING BY-LAW) (BUILDING CODE) on property described below: J8 ~ J:t.tu.t Plan No. 'P-lan. book )- fXlge )1 fl~ ( OLd IILdtolli..c) Location of Property Lot No. District is Zoned for Type of structure (Existing or Proposed) or proposed use: ~ued HOUAe. HOA.o.UJ. W. Li.ruJJ.ev. Owner's Name Owner's Address )8 OtClJ1.9-e 5ht.eet- :V anhJ.cAet Wh d'd . thi /fIaitcJr. 1952 en 1 you acquire S property? - Has application been filed at Building Department? No No H as any previous appeal been made-? Section of By-law or~ Code from which relief is requested: See 'I - {J4e ~et}4 Reason for asking relief: Ji. u.t:z.d Uded CZ4 a 9Uedi. IwlUe, Jnn, and lIotel. tolt OVM 50 v.eaM, i.i. IKW lUed bv- me CZ4 an. JM {.olt 18 v-emw, fLOW !nit f,iAan.c.i.aJ. 1tea401Ld i.n.cl.u.d.i.Ju; iJu:A.eo.4in.g. i.axed J n.eed i.o Itetwrn. .it Lo f..h.i.A lUe. Look aJ.b 1..e;ltt/A. aJ:i.acAed. Signature of applicant~ QI, ~ (1) A list of the names and addresses of each abutting owner-:---- owner abutting the abutters. ATTACH: (2) Check in the amount of $50.00 made payable to the Town of Nantucket. , ,I (3) Map or plan showf,ftg the location of the property to be " considered. ' (4) If the applicant is other than the owner. please indicate your authority to make :this application. /" BOARD'S DECISION , Application submitted to Board i Advertising dates I ',:;,-:; / q Hearing date j / Decision of Board .I Decision filed with the Town qerk l.J ,oJ ~ !. W n:: -... '...l " \ " " \. \ . . .... '~> ,') c"( ,,J . " Cl "'- 'J , Q: ....~ " '. ~ "'"", '.t) :.t: ('.~ ~) CI) '... ""~4 .~ ,~ ~ ~ ... ,') " ~ ..... ." , "'<III , \ '.... (~ ~ " l'J 0: """ .....'E:" .... ~ ~ )j t: .. :"'-"P/ fJ;;;i;"'1II e-, Ib I . I , I ~ ~ . ~ t~ CJ ~ ~ .~ .., ~ ~ t ~ · JS ~~ Cf.) " M ~ .~ t ., CU ~ ~ ~ ~ 1:.. c:::: . 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