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HomeMy WebLinkAbout048-99TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date : ~'UCrU 5T ~~ 19 ~ °~ To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: y I U "" ~ 1 ` Owner/Applicant:~~-Jnl OF N/~NTVCKE~ (TJ~T~/I~1S~ZV~3 ~n/r7 ~tih ~ Nl/~RrNE ~~in co~sr~ ~~-~OUl~GG3s /~cmi 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. ~" MIN~Sr~'ro/~ cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMT.T 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. 4 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Assessor's Map: 79 Address: 11 Monohansett Road Parcel: 173 Plan Book 2, Page 61, Lots 1-38 Zoning District: LUG-2 Block 244. At a public hearing of the Nantucket Zoning Board of Appeals held at 1:00 p.m., Friday, May 14, 1999, in the Conference Room at the Town Building Annex, 37 Washington St., Nantucket; lVlassachusetts, the Board made the following decision on the application for relief filed by the TOWN OF NANTUCKET FOR THEMSELVES AND FOR THE MARINE AND COASTAL RESOURCES DEPARTMENT, 16 Broad Street, Nantucket, MA 02554, Zoning Board of Appeals file no. 048-99: 1. The applicants seek a SPECIAL PERMIT under Nantucket Zoning Bylaw § 139- 7D(4)(employer dormitory), to relocate an existing five bedroom single-family dwelling from 2 Monomoy Road to the subject lot and convert the use into a dormitory that would house a maximum of 15 seasonal Town employees. The required nine on-site parking spaces would be provided. All dimensional zoning requirements would be met. The subject property is located at 11 Monohasett Road, Assessor's Map 79, Parcel 173, Plan Book 2, Page 61, Lots 1-38, inclusive, Block 244. The property is zoned Limited-Use- General-2. 2. The Board's decision is based upon the application and accompanying materials, and representations and testimony received at the above referenced public hearing. The Planning Board recommended approval of the application, subject to the submission of an adequate site plan. The Marine Superintendent represented the Town and spoke in support of the project. A number of citizens spoke in favor of the project citing the need for seasonal housing on Nantucket. There was extensive expression of opposition presented on behalf of neighbors and others at the public hearing in person, by counsel, and by correspondence. 3. The locus is a vacant lot, situated in aLimited-Use-General-2 zoning district in which single-family dwellings are permitted as a matter of right. The applicants propose moving an existing single-family dwelling from its present location at 2 Monomoy Road and locating it on the southern portion of the subject property, to be used as an employer dormitory, with a total of up to fifteen occupants. Accordingly, the applicant seeks a special permit under Nantucket Zoning Bylaw § 139-7D(4), for the use of the dwelling as an employer dormitory. 4 4. An "employer dormitory" is defined in §139-2 as "[a] dwelling in which sleeping accommodations for two or more persons are provided by one or more employers, with occupancy limited solely to their employees." Employer dormitories are allowed in all zoning districts by special permit from the special permit granting authority; no standards are set forth in the Bylaw except for the general provision of § 139-30A(1) that "the special permit granting authority may issue special permits for structures and uses which are in harmony with the general purposes and intent of this Zoning Bylaw, subject to the provisions of such bylaw." The purpose of the Zoning Bylaw, as set forth in §139-1, is to promote the health, safety, convenience, morals and general welfare of the Town's inhabitants, to lessen the danger from fire and congestion, and to improve the Town." 5. The need for increased housing for summer employees was spoken to by the applicant's representative who concentrated, specifically, on the needs of the Town to house lifeguards in the summer if the Town is to continue offering lifeguard protection at Town beaches. The applicant further stated that the Town intended to house only twelve lifeguards in the proposed employer dormitory, not the fifteen as stated in the public notice. 6. Opponents to the proposal, most all of whom live in the surrounding neighborhood, spoke to their concerns about the impact a dormitory would have on a residential neighborhood which already must bear the noise from the adjacent airport. Adding an unsupervised group of fifteen (or even twelve) lifeguards would bring to the neighborhood, not only the noise generated by the fifteen, but also the noise of visitors, of parties, and of the automobiles of residents and guests alike. The issue of automobiles in the neighborhood generated the greatest concern. Opponents pointed out that the Monohansett Road is a private way which is not maintained by the Town. The road has tight turns, is very dark at night, is often enshrouded in fog, and has a history of accidents resulting from excessive speed combined with these poor road conditions. Opponents noted that there is no NRTA service to this section of the Island, and the twelve or fifteen lifeguards could be expected to have their own cars. Indeed, the application proposes parking for nine automobiles. According to the neighbors who addressed the issue, adding this intensity of automobile traffic to the neighborhood and to the road itself would create unsafe traffic condition for a year 'round residential neighborhood in which neighborhood children often walk and sometimes play along the street. Opposition was based upon the intensity of use, potential noise, and traffic concerns in what is a residential neighborhood. Opponents focused not on whether such housing was needed, but on whether this was the appropriate location for such housing. 7. Upon consideration of all of the evidence before it, the Board concludes that the evidence before it clearly and convincingly indicates that an employer dormitory housing even twelve employees would constitute too intensive a use for this residential neighborhood and its private roadway. In this location, this proposed employer dormitory runs afoul of the very purpose of the zoning bylaw: "to promote the (continued on page 3) 4 health safety, convenience, morals and general welfare of its inhabitants ...." Upon a motion made and duly seconded to grant the relief as requested, the Board voted 5-0 in the negative, against granting the requested relief. Accordingly, the Special Permit is DENIED. Dated: August ~,, 1999 CJ`'~--- Dale Waine William Hourihan Linda Williams t`l~l~Elt9ED T~OE~'~~s` i:~LERI<'S OFFICE NAPS! a ~F~KET, MA 02554 AU G 12 1999 IIO~t: f -- ~~ CLERK:_ I ~ I l7 ~m ~~~. 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 12:00 P.M., FRIDAY, MAY 14, 1999, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: TOWN OF NANTUCKET FOR THEMSELVES AND FOR THE MARINE AND COASTAL RESOURCES DEPARTMENT BOARD OF APPEALS FILE N0. 048-99 Applicants are seeking a SPECIAL~PERMIT under Nantucket Zoning Bylaw §139-7D(4) (Employer Dormitory). Applicants propose to relocate an existing five (5) bedroom single-family dwelling from 2 Monomoy Road to the subject Lot and convert the use into a dormitory that would house a maximum of 15 seasonal Town employees. The required nine (9) on-site parking spaces would be provided. All dimensional zoning requirements would also be met. The Premises is located at 11 MONOHANSETT ROAD, Assessor's Map 79, Parcel 173, Pian Book 2, Page 61 Lots 1 - 38, inclusive, Block 244. The property is zoned Limited-Use-General-2. ~'OW~i CLERK'S OFFICE °~A~~~-~vKE ~ , MA 02554 ~~~'~ ~ ~ ~~g~ ~~IME: `~~ERK:--- (' 1 .-- W . Dale W. Waine, Chairman THIS NOT(C;E IS AVAILABLE AL~I'FRNATIVE. FORMATS.; _ - (508~j~ ~~$=721 ~ . .~ _ -- , _ _ IN LARGE PRINT OR OTHER FOR ASSISTANCE VALL _ _,_ __ ,~tt' ~Ci l i~}~. `~-; ~~ ~ BoA Foz~-~ 1~ NANTIICRET ZONING BOARD OF APPEALS ~r e < `~ ~_ TOWN AND COIINTY BIIILDINO Date ' - NANR'IICRET, MA 02554 TIME: CAGE No .~~ :' APPLICATION FOR RELIEF CLERK: ~•14 :; Owner' s name (s) : / /~'~6"> > '~ /~~ ~ D~ Mailing address: Applicant's name: Mailing address: Location of lot: Assessor't map Street address: parcel number ~ 9 - f 7~3 Registry Land ~Ct 'Plan, ~'lsn Bk & Pg or Plan File ~,ot-~~3 ~s- '~ ~G~ ~~ Date lot acquired: _/,~_ Deed Ref ~ 3-~ Zoning district Uses on lot - .com~aercial:' None ~, or MCD? ., - number of: dwellings duplex,- apartments rental rooms Building date(s): all pxe-8/72? or C of O? Building Permit appl'n. Nos. N Case Nos. al1~BoA applications, lawsuits: ~~•~ 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 :oaks each finding per Section 139-32A if Variance, 139-30A if a Special Permit (and 139-33A ~Bif to alter or extend a nancon~'orming use). If ap sal per 139-3~A _ , attach decision or order appealed. OK to a~tach addendum . ~~'~~` ~ ~~ ~v~ ~ ~r- na ~~ ~ ~ ~ -~ ~~ ~ ~- . ~ ~P /~cQ GQ .~ ~4+ee~yvw ~ /~" ~~~ -e~~~~ ~ ~ ~~~ . co ~'e U~~C ~ ~~ ~~~.~ C Items enclosed as part of this Application: orderl addendum2 Locus map Site pplan showing present +plannea structures Floor plans pressnt proposed •1~vat~ons (HD~ approvad7,,,_)~ Listinga lot arsa '~'rontago '~irotbaoko G park ng data Assessor-GertifieTadc~ressee• I~st 4 sets ma~l n~~ labels 2 sets ~z00 fse ayyable to T4w~ o! Na~tDOket ""bb'~aq~ ©ap~ oovenent ~xt an •~i*iwS, •ok Z'vvtn oivtrk ~tio •vnii'tiiq vvtm3~"i soovsd to soJ-`r" Y certify that the requee~ed i~,for~aetion eub~ittod it orb®ten~ielly aompist• and tru• to th• bost o! m idpo, candor th• pains and penalties of p rjury. - SYGNATVRE:*- ` scant Attorney/agent~~/ ____. 3(I! not owns r ownRr's attornoy, snolos• proof of authority) FQR 8 OFFICE USE ~~~ ~,~~'~-~ on Applicat~,on copies rec d: 4_ ~„ or„~,~ for oA ~y one copy filed with Town Clerk on ,~ by complete? One ~oRy e~2~to Pla ing Bd and 9~tild~.n Dopt by 5200 fea vhack ~iya ~~wn ~r ~~sr a by ~ waived?_, g ~ Roaring notice posted mailed ~I & M ,~/,~, ~,~~ Hearing (s~ on~_/„_, cont' ~a to,~,~_„.,, ~_„/_ withdrawn?~,.,_/,_ Decision due by_„/,_,/_, made_/~,,,,, filed TC,_„/,,,,J_ mailed,~~_ See related cases ~ lawsuits other ~g. '!44 i ,• . 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Alllrol-T MA A0. ~.-. ~ - ~ i 1-n- ~ i ~ ~ J ~ - 1 ~. i ~ y ~ ~ I• ' ~ ~.~ a •' 4 j ~ (tl-M- ' •1 MTllf T y 1 T N \" OR M,WTypIfT ~ f~M1Al;'AIR-011T i ~~ ° • •1s ~ 000 ,• r (l'Il f111(~ (.~~UllIlt~' Uf ~ ® T 9 «, , • :CMORIELD eROTMEIK, INC. [.~~ IRO-[ff10NAL ENOIN[fRf • A'[OIfTERtO LANG fYRY[TORf •~ r ' K 30y FEO[RAL >~M NANTYCIItT, MAff: ~ V .? E Z T I(1 )17~~1,~~~,.-~~ V V1~ s.N.~N OJ .rM ~~ ,~ .: . ~ tlLnftLYll- 1>,dlt~Tll O. ~r. ; T. ~ MMfI~y, .. / i~ 1 . .._'i:.c+..,•:P^T _ :~+;:v .......,._ .:..~...+•'aa.~-I;+IC.~sL.ac~rS!b+ ~F+. ' - '~~•.f~. ~ K..•' ~ a Map 79 Parcel 173 N A 2(l0 ~ 2(l0 400 Feet ~~ APR 1219 -T'OWN OF NANTUCKET ZONING BOARD OF APPEALS - LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF PROPERTY OWNER :.............. ~LG.w..x>~....................................................... MAILING ADDRESS :........................................................................................ PROPERTY LOCATION :.................................................................................. ASSESSORS MAp/pARCEL:...........~~.-..I ~.3 ......................................... SUBMITTED BY :..............................~~d/1~-~............................... SEE ATTACHED PAGES I certifj• that the foregoing is a list of persons who are owners of abutting property, o~~~ners of land directlti• opposite on any public or private street or ~vay; and abutters of the abutters and all other land o~~ners ~~~ithin three hundred feet of the property line of o~~mer's property, all as they appear on the most recent applicable tax list. (M.G.L. c. 40A, Section I I Zoning Code Chapter 139, Section 139-29D (2) ). ~ I'~ Ig9v A SESSOR'S OFFICE ~' WN OF NANTUCKET APR 91999 \ ' ~, ~~ TOWN OF NANTUCKET ,15. ' , OWNER'S MAILING ADDRESS LIST Map ~ Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 0079 0171 ORLANDI ROBERT D & DUBUOIS DEB EOX 513 0042 OKORWAW AV LANDENBERG PA 19350 0079 0151 LARRABEE ROBERT A & ELIZABETH PO BOX 544 0041 OKORWAW AV NANTUCKET MA 02554 0079 0150 *NANTUCKET TOWN OF 0016 BROAD ST 0005 MONOHANSETT RD NANTUCKET MA 02554 0079 0149~NANTUCKET TOWN OF 0016 BROAD ST OOSR MONOHANSETT RD NANTUCKET MA 02554 0079 0114~NANTUCKET TOWN OF 0016 BROAD ST 0000 MONOHANSETT RD NANTUCKET MA 02554 0079 0064 *WEEDON ROY W JR TRUSTEE PO BOX 481 0000 OKORWAW AV RANGER NOMINEE TRUST NANTUCKET MA 02554 0079 0113~NANTUCKET TOWN OF 0016 BROAD ST 6000 MONOHANSETT RD NANTUCKET MA 02554 0079 0112 MACKAY PETER J ~ ALISON & PO BOX 2443 0025 MONOHANSETT RD MACKAY DAVID & PHANEUF ANNE M NANTUCKET MA 02584-2116 0079 0147 RUSHER RUTH M 111 OCEAN ST 0021 MONOHANSETT RD HYANNIS MA 02601 0079 0148 SOLOMON BARRY PO BOX 2609 0015 MONOHANSETT RD NANTUCKET MA 02584 0079 0172 JONES WENDELL C 2 GREGLAND AVE 0007 MONOHANSETT RD NANTUCKET MA 02554 0079 0142 BISHAY BAHIG F 0163 BLUEHILL DR 0010 MONOHANSETT RD WESTWOOD MA 02090 0079 0143 *WINSHIP TODD & ELIZABETH PO BOX 1264 0016 MONOHANSETT RD NANTUCKET MA 02554 0079 0144 JACOBSON SHARON W 0162 E 80 ST 0020 MONOHANSETT RD APT 5-B NEW YORK NY 10021 0079 0145 WARNER DEBORAH J 50 COMMONWEALTH AVE #805 0026 MONOHANSETT RD BOSTON MA 02116 0079 0146 *BRANSCOM RUSSELL JR & VIRGINIA 2 WEBSTER ST 0002 WEBSTER ST NANTUCKET MA 02554 0079 0100 SAVOCA JOYCE 305 PROSPECT ST 0041 SKYLINE DR FRAMINGHAM MA 01701 0079 0101 KILVERT GRAHAM M W & CLAUDIA M 0013 ALFRED DROWN RD 0047 SKYLINE DR BARRINGTON RI 02806 0079 0102 WILLIAMS HAROLD F III & GLAZER 53 SKYLINE DR 0053 SKYLINE DR MOLLIE J NANTUCKET MA 02554 0079 0106 DAVIDSON WILLIAM P & HUMPHREY PO BOX 2751 0061 SKYLINE DR ELIZABETH S NANTUCKET MA 02584 0079 0107 BROWNELL JUDITH C 0129 ORANGE ST 0065 SKYLINE DR NANTUCKET MA 02554 PAGE 1 MUAS750 9.2 NUMBER OF RECORDS = 21