HomeMy WebLinkAboutNantucket Island Resorts- withdrawalMELISSA D. PHILBRICK, P.C.
Post Office Box 148
Zero Main Street, Second Floor
" Nantucket, Massachusetts 02554
Melissa D. Philbrick
Tel: (508) 228-5151
Fax: (508) 228-5155
Emily Avery
February 12,1999
BY FAX 228-7205
Ms. Linda Williams
Nantucket Zoning Board of Appeals
37 Washington Street
Nantucket, MA 02554
Re: Nantucket Island Resorts LLC
60 and 64 Easton Street, Nantucket
Dear Linda:
On behalf of Nantucket Island Resorts, I am withdrawing the application
submitted last week in connection with modifying the existing special permit for
the above-referenced property. Since no notices have gone out, please simply
return the application and the check to me.
Thank you for your attention to this matter.
i cerely,
cc: Mr. Stephen R. Karp
Mr. Russ Cleveland
Peter D. Corbett, Esquire
Mr. Arthur Towne
Mr. Mark Kopchell
Ms. Michelle Martin
Mr. David Haines
Town Clerk (by hand)
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
~~ c~9 16 1999
F1ME:
CLERK:_
MELISSA D. PHILBRICK, P.C.
Post Office Box 148
Zero Main Street, Second Floor
Nantucket, Massachusetts 02554
Melissa D. Philbrick
Tel: (508) 228-5151
Fax: (508) 228-5155
Emily Avery
February 3,1999
BY HAND
Dirk Roggeveen, Administrator
Nantucket Zoning Board of Appeals
37 Washington Street
Nantucket, MA 02554
Re: Nantucket Island Resorts LLC
60 and 64 Easton Street, Nantucket
Dear Dirk:
Enclosed for filing is the original and three copies of the completed
Application for Relief with Addendum A attached, along with our check in the
amount of $200 for the filing fee. Also enclosed are copies of the locus map,
survey showing existing conditions, and proposed revised site plan. The original
abutters list and two sets of mailing labels will be forwarded to you under
separate cover.
If you have any questions or require additional information, please call.
S' cerely,
Enc.
cc: Mr. Stephen R. Karp (w/copy of enc.)
Mr. Russ Cleveland (w/copy of enc.)
Peter D. Corbett, Esquire (w/copy of enc.)
Mr. Arthur Towne (w/copy of enc.)
Mr. Mark Kopchell (w/copy of enc.)
Ms. Michelle Martin (w/copy of enc.)
Mr. David Haines (w/copy of enc.)
Town Clerk (by hand w/enc.)
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
~ E 8 0 4 1999
?1ME:
CLERK: ~~ ~oS ,orr~ .l~C~
BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554
Case No. -_
APPLICATION FOR RELIEF
Owner's name(s): Nantucket Island Resorts LLC
Mailing address: P.O. Box 1139 Nantucket MA 02554
Applicant's Name:_ Same
Mailing Address: Same
Lot Location: Assessor's map and parcel number 42.4.1 - 60 and 61
Street Address: 60 and 64 Easton Street _
Registry LCPL: Lots 3 and 4 on Land Court Plan 32282-B and Lot 2 in
Plan Book 8 Paste 13
Date lot acquired: 6/9/98 Cert. 18414 Zoning district R - C
Uses on lot - commercial: None or 64 Easton Street - vacant~;~
60 Easton Street - rental cottages known as
Captains Court containinct 8 rental units MCD? no
- number of: dwellings duplex- apartments rental rooms-
Building date(s): all pre-8/72? X C of O? yes
B1dg.Permit appl.Nos. 6707-89
Case Nos. all BoA a lications lawsuits: 52-97
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
139-32A if Variance, 139-30A X if a Special Permit (and 139-33A
if to alter or extend a nonconforming use). If appeal per 139-31A
& B _, attach decision or orders appealed. OK to attach addendum2.
See Addendum A attached.
Items enclosed as part of this Application: order _ addendum x
Locus map x Site plan x showing present x +planned x structures
Floor plans present- proposed- elevations- (HDC approved )
Listings lot area x frontage x setbacks x GCR x parking data x
Assessor-certified addressee list 4 sets- mailing labels 2 sets-
$200 fee payable to Town of Nantucket x proof'_'cap' covenant-
1(If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of perjury.
N UCKET L D E ORTS LLC
SIGNATURE: By~ ~' Attorney/Agent X
By its Attorn y, Melissa D. Philbrick
'(If not owner or 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_/_/_ by
$200 fee check given Town Treasurer on_/_/_ by waived?
Hearing notice posted-/_/_ mailed-/_/_ I&M_/_/_, _/_/_
Hearing (s) on_/_/_ cont' d to_/_/_, _/_/_ withdrawn?_/_/_
Decision due by_/_/_ made-/_/_ filed TC_/_/_ mailed-/_/_
See related cases lawsuits other
Addendum
60 and 64 Easton Street
The Applicant seeks to modify the Special Permit granted in ZBA File No.
52-97, as affected by the Stipulation for Judgment filed in the appeal of that
Special Permit (Superior Court Civil Action No. 98-001), which Special Permit
and Stipulation are recorded as Document 80512 at the Nantucket Registry and
are attached as Exhibit A to this application. Specifically, the Applicant seeks to
substitute the plan dated January 27, 1999, entitled "Landscape Plan, LA-1" as a
revised site plan, thereby allowing the relocation of 4 cottages (known as the
Spindrift Cottages) from the White Elephant complex at 50 Easton Street to this
site.
The cottages that the Applicant proposes to be relocate onto this site have
a slightly different configuration and a lower ridge height than those previously
approved, but will still be one-unit structures. Once relocated, the buildings now
known as the Spindrift Cottages will have no greater impact on the
neighborhood than the four units previously approved. A fence is proposed
adjacent to the relocated cottages along MacKay Way instead of the previously-
approved hedge. A small storage area is also proposed between two existing
cottages along Walsh Street. Other than these changes, all of which are shown on
the revised site plan, the previously-approved conditions would not be modified.
As modified, the new decision should also correct the typographical error
in the tax parcel numbers for the properties (parcels 60 and 61, not 60 and 51),
and properly identify the zoning district within which these parcels are located
(Residential-Commercial instead of Limited Commercial).
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37 Washington Street
Nantucket, Massachusetts 02554
60 and 64 Easton Street Land Court Plan 32282-A, Lot 1;
Assessor's Map 42.4.1, Parcels Plan Book 8, Page 13, Lot 2
Nos. 60 and 51
Certificate of Title No. 12975;
Deed Book 268, Page 228 Limited-Commercial
DECISION:
• 1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Tuesday, October 14, 1997, at 1.4:00 f). M. in the
Selectmen's Meeting Room, in the Town and County Building, Broad
Street, Nantucket, Massachusetts, the Board made the following
decision on the application of SHERBURNE ASSOCIATES REALTY TRUSTx
• c/o Reads ~ Alger Professional Corporation, Post Office Box 2669,
Nantucket, Massachusetts 02584, File No. 052-97;
2. The applicant requests a Special Permit under Nantucket
Zoning Sy-law §139-18.8(2), waiving the provision of parking upon
the subject property (the "Locus"), now containing eight (8)
rental lodging units which are said to pre-exist the adoption of
the Nantucket Zoning By-law, with no conforming parking spaces
being at present provided. The applicant proposes to construct
•~ four (4) additional units upon the Locus, bringing the total
~', .number of units to twelve (12), without providing any parking
,j spaces. The Locus is situated within the Core and Resident
Parking Permit district, in which Nantucket Zoning By-law §139-
` ~ 18.B(3) allows waiver by Special Permit of up to 100's of the
~ ~ required parking. The total number of spaces which the applicant
y ~ requests be waived, for all present and proposed uses upon the
Locus, is six (6); present uses are calculated by the applicant
+ to require five (5) spaces. In addition, site plan review is
y requested under Nantucket Zoning By-law §139-23. See also Board
C at 60pands64 EASTON STREET,7Assessor3s8Map 42h4 l~c Parce1s160aand
~ 61, and consists of the registered land shown on Land Court P1•an
32282-A as Lot 1 and the unregistered land shown on plan recorded
with Nantucket Deeds in Plan Book 8, Page 13, as Lot 2. The
Locus is situated in the Limited-Commercial zoning district. ••
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
.received at our public hearing. The Planning Board recommended
that, if relief be granted, the applicant be required to provide
two parking spaces, and that access be provided to the parking
spaces from Mackay Way, not Easton Street. The Nantucket Parks
and Recreation Commission communicated their opposition to the
application, citing concerns about loss of parking spaces and
traffic on~Easton Street. There was no comment, favorable or
adverse, presented directly or indirectly by any member of the
public at the public hearing.
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4. The Locus consists of two adjacent lots which have been
in common ownership at all material times. One such lot, being
the registered land shown as Lot 1 on Land Court Plan 32282-A and
commonly known as "Captain's Court", contains eight existing
lodging house units without kitchens, with one parking space
being provided. The other lot, being the unregistered land shown
as Lot 2 on plan recorded with Nantucket Deeds in Plan Book 8,
Page 13 and commonly known as the "Tortoise Lot", has been vacant
since about 1982, when a pre-existing building formerly used for
summer rental and employee housing was demolished pursuant to the
decision of the Board of Appeals in Case No. 053-81. The relief
granted by the Board in that case allowed the construction of two
new buildings with a total of eleven new rental units, and with
no on-site parking being required; however, that relief was never
exercised by the then-owner'of the Locus and has accordingly
lapsed. The applicant presented plans for eight new rental units
without ary on-site parking, as described above, at the first
public hearing upon this application on September 5, 1997; at
that time, the Board of Appeals expressed concern with waiving
all parking spaces as requested. At the continued hearing on
October 14, 1997, the applicant presented a revised plan showing
four parking spaces, with access from Mackay Way only and with no
spaces having direct access from Easton Street. As noted above,
the Planning Board and the Parks and Recreation Commission were
concerned with the effect of the proposed project upon traffic
and parking on Easton Street, and the Board of Appeals shared
this concern.
5. Under Nantucket Zoning By-law §139-18.B(2) and (3), the
Board of Appeals is empowered to grant relief by special permit,
waiving up to 1001 of the required parking spaces and all other
parking requirements, for properties situated (as is the Locus)
in the Core District and the Resident Parking Permit District, as
therein defined, if the Board makes the findings that (a) the
granting of the special permit is in harmony with the general
purposes and intent of the Zoning By-law, and (b) compliance with
parking requirements would be (i) physically impossible for the
applicant to provide or (ii) have a significant and adverse
effect upon the scenic or historic integrity of the neighborhood
or (iii) be contrary to sound traffic and safety considerations.
The proposed use of the Locus for additional lodging units is ••
permitted in this Limited-Commercial district, and no relief is
requested except for waiver of parking spaces and, the Board
thereby having jurisdiction, site plan approval under §139-23.
As presented by the Applicant, the existing eight lodging units
upon the Locus require provision of five spaces under §139-18.D
(three spaces, plus one space for each three rental units over
two), while the proposed increase to twelve lodging unite would
result in the requirement for six spaces under the same
calculation. (No employee spaces are included in this
calculation;' as the applicant represents that there are no
employees dedicated to the Locus, which ie managed from off-site
properties of the applicant; in any event, not more than one
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~`:' employee apace, calculated at one apace for each three employees,
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6. Accordingly, the Board of Appeals made the finding-that
- - the waiver of one parking space (or two parking spaces, if one
employee apace is required), with provision of a total of four
on-site parking spaces, for the proposed use of the Locus for a
• total of twelve (12) lodging house unite, as requested by the
- applicant, and the granting of the requested special permit based
;, thereon, subject to the conditions herein set forth, is in
harmony with the general purposes and intent of the Zoning By- !
~' law, and that compliance with the full parking requirements of 1
```~~~~ five or six spaces would be physically impossible for the
applicant to provide, or would at least have a significant and
a~,. adverse effect upon the scenic or historic integrity of the '
~~ neighborhood and be contrary to sound traffic and safety
~` considerations, in that any such parking spaces would have an
~~ ~ adverse impact upon traffic, existing on-street parking, and
`~~;;,., aesthetic considerations, with respect to Easton Street, while
~'~ ~ four spaces can be provided with access solely from Mackay Way as
~ j shown upon the plan submitted by the applicant at the continued
ii hearing, and voted UNANIMOUSLY to grant the requested relief by
i SPECIAL PERMIT, subject to the following conditions: `
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(a) A total of up to four new units may be added, and
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(c) Four conforming parking spaces shell be provided as
~~ ..: ( per the site plan filed with the Board of Appeals and approved as
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;; set forth in Paragraph 7 of this Decision (the "Site Plan") , a
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' ~ (d) All construction pursuant to this Special Pernit
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a ~' (e) Screening shall be provided as shown upon the Site
,~ Plan.
,-' ; 7. The applicant has presented the Site Plan, being a plan
,
`• prepared by D. Neil Parent, Designer, as revised on September 27,
ji 1997, with accompanying materials as provided under By-law §139-
23, to the Board of Appeals for site -plan approval under 523.
After review, the Board voted UNANIMOUSLY to approve the Sfte ~
f~ plan, for the proposed alterations and uses upon the Locus as
` i; described in this Decision, the Site Plan, and such accompanying ~:
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Dated: D~ember ,~, 1997 ~ ,
Da a Waine
Linda F. Wil ism ~
~lliam P. Houzihan~7r. I
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TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
DEC 181991
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• 08051
COMMONWEALTH OF MASSACHUSETTS
NANTUCKET, ss. SUPERIOR COURT
CIVIL ACTION
No. 98-001
EUGENE P. COLLATZ et al, )
.Plaintiffs, ) .
CT.F.RK' S CERTIFICATP
v. )
SHERBURNE ASSOCIATES )
REALTY TRUST et al, )
Defendants )
I, Patricia ~. Church, Clerk of the Nantucket Superior
Court, hereby certify that the Stipulation for Judgement, a copy
which is attached herewith, was duly filed with me on May 15,
1998 and, in accordance with its terms, judgement was entered
accordingly with all rights of appeal having been waived.
Dated: Juna 3, 1998
~~1~ ~~
Patricia t~. Church, Clerk of. Superior Court
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b COMMONWEALTH OF MASSACHUSETTS
G Nantucket, ss. Superior Court
Civil Action
No. 98-001
EUGENE P. COLLATZ et al, )
Plaintiffs, )
_ y, ) STIPULATION FOR
J C,~DCMENT
SHERBURNE ASSOCIATES )
REALTY TRUST et al, )
Defendants. )
All of the parties to this action hereby stipulate that
judgment shall be entered in this action as follows:
1. The decision of the Nantucket Board of Appeals in Case
No. 052-97 dated December le, 1997, a copy of which is attached
to the Complaint in this action, is hereby modified in the
following respects:
• a. All references to the Site Plan shall refer to the
revised plan prepared by D. Neil Parent, Designer, as revised
under date of February 5, 1998, which is on file with the Board
of Appeals, a reduced copy of which is attached hereto as Exhibit
A-i (the "Revised Site Plan"), and not to the plan revised on
September 27, 1997, a copy of which is attached to the December
18, 1997, decision as Exhibit A. The four conforming parking
spaces which are required to be provided pursuant to subparagraph
6(c) of the December 18, 1997 decision shall be provided in
conformity to the Revised Site Plan; all construction pursuant to
the Special Permit shall be performed in substantial conformity
to the Revised Site Plan, as required by subparagraph 6(d); and
screening shall be provided as shown upon the Revised Site Plan,
as required by subparagraph 6 (e) . )- ~' -.
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b. The Revised Site Plan shall be the site plan for 080
',-~ ~ the work proposed to be performed upon the Locus, duly approved S~
b the Board of A eals ursuant to Nantucket Zonin By-law §139-
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23, as set forth in Paragraph 7 of the December 18, 1997
decision.
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c. The parking area upon the Locus shall be surfaced
with crushed shells or stone, and shall not be paved with asphalt
or other impervious materials.
• d. The frontage of the Locus along Mackay Way shall be
screened with existing hedges and shrubs where they exist, except
where necessary to obtain access to the new parking area as shown
upon the Revised Site Plan. Plant material from that location
shall be replanted to fill in gaps in the existing plantings
where former parking spaces are being eliminated. New hedge
stock shall be at least four feet high when planted.
2. A copy of this Stipulation for Judgment, certified by
the Clerk of this Honorable Court, shall be filed with the
Nantucket Town Clerk and recorded with the Nantucket Registry of
Deeds and Nantucket Registry District as a part of the decision
in Nantucket Board of Appeals Case No. 052-97.
4. Subject to the amendments to the December 18, 1997
decision and other provisions set forth in this Stipulation,
judgment shall be entered in this decision, affirming the
deciaion•of the Board of Appeals as so modified.
9. All rights of appeal from the judgment to be entered
pursuant to this Stipulation are hereby waived, and no costa
shall be awarded to any party.
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1 Respectfully submitted,
080$12 ~.
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EUGENE P, COLLAT2, JUDITH A. i ,~
~ COLLAT2, ANN MEARA, GERALD
I. STILLER, GALE MORE, DAVID `•;
MORE, HAUTHAWAY MABBETT, JR., ~~
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HAUTHAWAY MABBETT and ANITA ~
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MABBETT, Plaintiffs •:
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By their attorney, ~'
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Wayne F. olmes i ~'~
BBO# 238760 ~'
3 Freedom Square ;-
Nantucket, Massachusetts 02554 ~
(508)228-0052
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SHERBURNE ASSOCIATES i.
REALTY TRUST, Defendant ~~
By its attorney, ~ ;"_
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A thur I. Read Jr. •
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Reade & Alger ~ ~_
Professional Corporation
BBON 413920
6 Young's Way
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ATTEST:ATRUE COPY Post Office Box 2669 ;
Nantucket, Massachusetts 02584 ~~
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~"r (508)228-3128 t'•%~
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"NANTUCKET TOWN CLERK
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• i~ DALE WAINE, LINDA F. WZLLIAMS,
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' JUN ~ ~ 199$ WILLIAM P. HOURIHAN, JR. , ~•
NANCY J. SEVRENS and EDWARD ~
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. TOOLE, as members of the
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, . ` . I, ,"` ~ NANTUCKET BOARD OF APPEALS, t'
Defendants
RECEIVED
TOWN CLERK'S OFFlCE their attorn
NANTI i~v~r p ~ n n2554 ~
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ME: 0~'~f•1ti1
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CLERK: BBO# 548 7 f
Paul R. a Rensis, Town Counsel
BBO# 12 000 ~,"
Deutsch Williams Brooks •
De Rensis Holland and ~'`
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Drachman, p. C. .
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99 Summer Street ~
Boston, Massachusetts 02110-1235 _
a (617) 951-2300 t":
t Dated: March 13, 1998 ~;_
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