HomeMy WebLinkAbout002-00TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date : U /~ ` 7 20 00
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 002-00
Owner/Applicant:
POINT BREEZE LLC
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.
b ~
Michae O'Mara, Vice- 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
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
Assessor's Map 42.4.1 71 Easton Street
Parcel 35 Plan Book 18, Page 39, Lot 1
LC Deed Ref. 385/136
At a Public Hearing of the Nantucket Zoning Board of Appeals held
at 1:00 P.M., Friday, January 14, 2000, in the Conference Room, Town
Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the
Application of POINT BREEZE LLC, of 71 Easton Street, Nantucket, MA
02554, Board of Appeals File No. 002-00, the Board made the following
Decision:
1. Applicant is seeking a MODIFICATION of a SPECIAL PERMIT which was
granted in the Decision in BOA File No. 068-99, which allowed four (4)
cottages, with a total of eight (8) rental rooms to be moved to the Locus
and allowed renovation and relocation of a dormitory structure. Applicant
now asks that the Board .modify the Decision as the cottages that were
moved were not four (4) free-standing units but two (2) structures, two
(2) cottages joined together, with four (4) guest rooms each, which total
eight (8) rooms as in the first Application. In addition, the Nantucket
Conservation Commission denied Applicant's request to move the dormitory
structure out of the required five-foot rear setback area and Applicant
now asks to maintain the current siting of the structure, with the
renovation and expansion to take place as previously permitted. With the
change in structures and their respective sitings, the approved site plan
needs to be altered as well.
The Premises is located at 71 EASTON STREET, Assessor's Map
42.4.1, Parcel 35, Plan Book 18, Page 39, Lot 1. The property is zoned
Limited-Commercial.
2. The Decision is based upon the Application and materials submitted
with it and the testimony and evidence presented at the hearing. The
Planning Board made a favorable recommendation. There was one (1) letter
in the file expressing concern about drainage issues. There was no
opposition expressed at our hearing.
3. Applicant represented that the renovation, demolition and
expansion plans were changed after the the Board granted relief in BOA
File No. 068-99, necessitating a new Application to this Board to modify
said Decision and approved site plan in order to complete the project as
now proposed. The Conservation Commission, in their Order of Conditions
No. SE48-1321, did not grant permission to move the dormitory structure
out of the required five-foot rear yard setback area. Said structure is
located along the northerly rear property line, and sited about four (4)
feet at its closest point from the said lot line. The Board had
previously required that the existing structure be moved out of the
required setback area and now Applicant is asking that the structure be
allowed to be renovated in place per said Order of Conditions, expanding
and altering the footprint by extending the structure laterally within
the setback area without coming any closer to the rear yard lot line as
well as expanding towards the interior of the Lot, and raising the
height of the structure within said setback area to meet the flood plain
requirements should that be necessary. Applicant further represented
that the cottages that were actually moved from a separate location in
the area were not four (4) separate structures containing a total of
eight (8) rental rooms, as stated in the previous Decision, but two (2)
structures, each containing four (4) rental rooms. Though the number of
additional rooms will still total eight (8), further relief from this
Board to validate the change in configuration and re-siting of the new
structures and at least one (1) of the existing cottages, creating a
different layout than was approved in the previous Decision, is now
necessary.
4. Therefore, the Board finds that the Modification of the Decision
granting relief by Special Permit in BOA File No. 068-99, to allow the
completion of the project as now proposed, would not be substantially
more detrimental to the neighborhood than the existing nonconforming
situation or the previously allowed project. The resulting
reconfiguration of the cottages would not result in more guest rooms
than previously permitted and have little impact upon the neighborhood.
Allowing the dormitory to remain in its present location, with expansion
of the footprint as proposed and shown on the site plan, including the
raising of the structure within the setback area, while maintaining its
one-story character, would not constitute a public detriment as the
structure has existed in its present location since a time well before
the 1972 enactment of the Zoning Bylaw. There would in fact be a public
benefit with the renovation of the structure. There is no affect upon
the parking situation beyond what was validated in the previous
Decision, with relief having been granted as the present situation had
existed since a time prior to the 1972 enactment of the Zoning Bylaw and
said grant of relief was not contrary to sound traffic and safety
concerns and was no t.~ont;rary to the general purpose and intent of the
Zoning Bylaw.
5. Accorfingly, by a unanimous vote, the Board GRANTS the
MODIFICATION of the Decision in BOA File No. 068-99, to allow the
dormitory structure to remain in its present location, renovated and
expanded as proposed, and to allow the change in the configuration of
the new guest cottages as shown on a site plan done by Sandcastle
Construction, Inc., dated December 21, 1999, marked as Exhibit A and
attached hereto, adding .eight (8) new rental guest rooms with a
resulting maximum number of rental rooms to be 35, upon the following
condition:
a. There shall be no exterior construction related to the
proposed project between May 15 and October 15 of any given year.
6. The Board also approved "The Site Plan", dated December 21, 1999,
done by Sandcastle Construction, Inc., under Nantucket Zoning Bylaw
§139-23H(3).
(002-00)
Dated: ~ ~ 7 ~ 2000
RECEIVED
TOWN CLERf<'S OFFICE
NANTUCKET, MA 02554
APR 0 7 2000
~~LERK: l`
Dale W. Waine
0
ael J. O'Hara
Nancy Se
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Edward Sa ford
SAAICX:ASTLE CONSTRUCTION INC. T
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the Nantucket Zoning Board of Appeals will
be held at 1:00 P.M., FRIDAY, JANQARY 14, 2000, in the Conference Room,
Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on
the Application of the following:
POINT BREEZE LLC
BOARD OF APPEALS FILE N0. 002-00
Applicant is seeking a MODIFICATION of a SPECIAL PERMIT which was
granted in the Decision in BOA File No. .068-99,-which allowed four (4)
cottages-with a total of eight (8) rental rooms to be moved to the Locus
and allowed renovation and relocation of a dormitory structure. Applicant
now asks that the Board modify the Decision as-the cottages that were
moved were not four (4) free standing units but two (2) structures, two
(2) cottage joined together, with four (4) guest rooms each, which total
eight rooms as in the first Application. In addition, the Nantucket
Conservation Commission denied Applicant's request to move the dormitory
structure out of the required five-foot rear setback area and Applicant
now asks to maintain the current siting of the structure, with the
renovation and expansion to take place as previously permitted. With the
change in structures and their respective sitings, the approved site plan
needs to be altered as well.
The Premises is located at 71 EASTON STR~ET,,_ Assessor's Map
42.4.1, parcel 35, Plan Book 18, Page 39, Lot 1~. The property is zoned
Limited-Commercial. <~
- ` ~,
TCJ~lI~ CLERK'S QEFICE Wi i am P . Hou ihan , Jr . , Chairman
iVAIV~'UCKET, MA 02554
DEC 2 3 1999
TffiS NOTICE IS AVAILABLE IN LARGE PRINT OR OTSE~
ALTERNATIVE FORMATS. FOR ASSISTANCE PLEASE
CALL (508) 228-7215.
t~"
;••'`•BoA Form 1-89
..
~.
Owner's name(s):
~w':
NANTIICKET ZON2DIG $oA1tD OY APPEAY±B
TOWN AND CODNTY 8027+pYNG
NAN':'IICItET, MA 0255d CASE No
point Breeze/LLC
Mailing address: 71 Easton street
Applicant's name: Paul Gonnella
Mailing address: 71 Easton Street
Location of lot: Assessor't map and parcel number .,= 3 4.4 - 3S
street adsiress: 71 Easton Street
Registry Land•Ct'Plan, $l~n Sk & Pg or Plan File 1_ 8/39 Lot 1
Date lot acquired: ,~~,,._ Deed Ref3$,~,,~,,~6, zoning district L-c
Uses On lot - .COhimercial:' None _ Or Hotel/Restaurant MCD?_,
- number of: dwellings- duplex- apartments,- rental rooms ?7
Building date(s): all pxe-8/72? x. or C of 0.,_
4•
Building Permit appl'n. Nos.
Case Nos. all•BoA applications, lawsuits:~k'
~~
Stets fully all zoning relief sought and respective Code sections
and subsections, specifically wha'C you propose cdmppared to present
and what grAunds y'ou urge for 8oA to :sake each finding per Section
139-32A if Variance, 139-3oA if a Special Permit '(and 139-33A
if to altsr'or extend a nonco~'orming ties). If ap~eal per 139-3~A
&-8 _ , attach decision or order •appealed. oK to a tack addendum .
(SEE ATTACHED ADDENDUM)
Items enclosed as part of tl3is Application: orderl addendumZ
Locus map,- Site lan showing present +plann~Ice structures
door plsns prsssn~ proposed elavat one: (Hb~pprov~d?_).
Listings lot area -3'rontags ~stbaoks G park3nq data
Assessor-asrtifis3 adc~ressse• I~st 4 sets '-'ma~ labels 2 sets-
200 tee payable to Town of Nantuokst proof caps covenant
(If an appeal, ask Town Clerk•to ssnTBldg Comr s record to SoA~
I certify that the requested information submitted is substantially
complete and true to the bast of my knowledge, under the pains and
penalties of erj ry.
SIGNATURE: ~ Applicant ,_ Attorney/agent x
3(If not ownex qr owner's attorney, enclose proof of authority)
FOR BoA OFFICE USE
Application copies recd: 4_ ~ or_ for BoA on ~ by--~~--
One copy filed with Town Clerk on~ by complete? .
one copy each to Planning Bd and Building Dept 9 by
S2o0 fee check given Town Treasurer on~ by ~~~~ ~~,,~~waived?_
Hearing notice posted~y,~~~maile~~~~l~~ Y & t~a1/,~.C, ~~~
Hearing(s) on,_/,_/_ cont'~~ to_/~_, ,_/,~_ withdrawn?~,J_.
Decision due by_/,_/_ made~~~ tiled TC,_,./_,,,J~ mailed~,,,J_
See related cases lawsuits other •
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ADDENDUM
POINT BREEZE LLC, BOARD OF APPEALS FILE N0. 002-00: Applicant is seeking a
MODIFICATION of a SPECIAL PERMIT which was granted in the Decision in BOA
File No. 068-99, which allowed four (4) cottages with a total of eight (8)
rental rooms'to-be moved to the Locus and allowed renovation and relocation
of a dormitory structure. Applicant now asks that the Board modify the
Decision as the cottages that were moved were not four (4) free standing
units but two (2) structures, two (2) cottage joined together, with four (4)
guest rooms each, which total eight rooms as in the first Application. In
addition, the Nantucket Conservation Commission denied Applicant's request
to move the dormitory structure out of the required five-foot rear setback
area and Applicant now asks to maintain the current siting of the structure,
with the renovation and expansion to take place as previously permitted.
With the change in structures and their respective sitings, the approved
site plan needs to be altered as well. The Premises is located at 71 EASTON
STREET, Assessor's Map 42.4.1, parcel 35, Plan Book 18, Page 39, Lot 1. The
property is zoned Limited-Commercial.