HomeMy WebLinkAbout043-80
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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
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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.
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BOARD OF APPEALS
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'41-
NOTICE
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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.
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BOARD OF APPEALS
Robert F. Mooney, Chairman
AB-l
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FEE
Case No.
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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.
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(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.
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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
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