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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 E e r~ Edward Sa ford SAAICX:ASTLE CONSTRUCTION INC. T ~r.~ s~~ a~r~ ~ rar^~u ~ ~ W spa-~a-~.~ DrrblM~ 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 • W ~ U ~ LL. N LL O W~Q ~~~ rn ~ W EL- !-- UJY ~ ~ J ~UU Z~ v W' ~Z ~ ~ Z "~ * w ~ -~ ~-= U 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.