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Home My WebLink About044-82 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JANUARY 7, 1983, at 3:00 p.m. at the TOWN AND COUNTY BUILDING, Federal and Broad Streets, Nantucket, on the application of BENOIT W. GARNEAU (044-82) seeking relief from SECTION 6-B-b (~,arking requirements) of the Zoning By-Law in order to expand a permitted guest house use. Property is located at 11 NORTH WATER STREET and i s zoned LIr~ITED COMMERCIAL. ~QC S ~,~sQ,~ -~ ~~ ~~~~ BOARD OF APPEALS Kevin F. Dale, Chaira-an 64~-I - ~~ ~a AB-1 FEE ..~,~~ Case No. APPLICATION TO THE BOARD OF APPEALS To the Members of the Board of Appeals: Nantucket DECEMBER 20, 1982 The undersigned hereby applies for relief from the terms of the ~ ~ "~ (ZONING BY-LAW) (BUILDING CODE) on property described below: Location of Property 11 North Water Street ,Nantucket Lot No. 1 Plan No. Book 2 ~ Page 2 District is Zoned for Limited commercial Type of structure (Existing or Proposed) or proposed use: G u e S t x o ~, G e Owner's Name BENOIT W. GARNEAU Owner's Address 11 NORTH WATER STREET,NANTUCKET When did you acquire this property ? i g ~ R Belt , ~ s y ~ e ~ , Has application been filed at Building Department? Y E s Has any previous appeal been made? No Section of By-laW or Code from which relief is requested: SECTIONS 6 B & ~ I Parking & Expansion of Nonconforming use Reason for asking relief: Building inspector has declined r., ; ~~„o ^ermit inspite of prior assurances that plans were in order. Applicant has received mortgage money but has not received the bt~ildingTP,=;,t To provide parking as the Building Inspector interprets the Zoning By-Law would be impossible. It would also beundesirable to pave all the open ground rather than to have it grassed. It would result adver esthetical impact on the axes. Signature of applicant Je.,,t ~~ ~~-WL~ C`~,~1,~ -~~ ATTACH: (1) A list of the names and addresses of each.abutting o nw er and owner abutting the abutters. «~-~ (2) Check in the amount of $~5b-~00 made payable to the Town of ~ `-~ ~~~-. Nantucket. Map or plan showiang the location of the property to be ~e ~~- considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION Application submitted to Board Advertising dates Hearing date Recision of Board Decision filed with the Town Clerk '`. a s ,l0 •~ S~ ~~'q • •i •~ '~ A N .o • A! W W d W r W u ...-~ )i ~r --~ •t.).I- ~ \ \ \~ 7~)O``'T~OM 6~ - ~~ ~ R E~ t ~'~- E T ~ s r-Nt,,v a. TN1 50+111 GOVNTT OE ~~. E) T ~ )1 ~iT )t a r -M<u`TOM1 u1 .J 0 NS LEGEND .:s 1_, ~:.~~_e __-__ /~~1~~~ Il,t ~AkCEI DATE -~kCfl ~2.D.1 - 3 L~ 2~ ~ 2 i 1 1 .. 'FJfORMATION SHOWN HEREON WAS COMP!iED FROM AERIAL PHOTOGRAPHS. DEFDS AND PLANS Of gECORO AND IS NOi i0 BE CONSTRUED AS MAVMCi SUffIC1ENi ACC.UR- i ~ n ACY FOR CONVEYANCE. D,J ,~.w •ocwuuiat ~_ ~\ET .. saeoa 11 ao 1: T~rla~ .o a • 1 a.c-_a~--.--_ • . MICHAEL DRISCOLL Attorney al l.aw Nantucket, Mt-ssachuselts 02554 Post Office Box 898 (6171 228-OOIG December 21, 1982 Norman W. Chaleki,Bldg, Insptr Town of Nantucket Chestnut Street,Nantucket,MA RE: Garneau,ll No Water Street, Dear Mr, Chaleki: I would like to correct a mistake in my letter to you of December 15th, The GARNEAU property is in the Limited Commercial District and directly across the street is the Residential Old Historic District, On page 10 of the Blue 1981 Zoning By-Law booklet,~iddle of page, are the permitted uses in a 4E District. 4E,l,b "Rooming and Guest Houses". In view of this Mr, Garneau's relief requested of the Board of Appeals is only from the ambiguous wording in Article 19 of the 1982 Warrant that amends 6B by replacing it with the wording of said Article. I am particularly confused by ¶ one of the article which is so loosely worded that it probably is unconstitutional for vagueness, amongst many other reasons, Literally interpreted it appears that changing a window in a structure from a simple double hung window to a bay window would give the Inspector the right to declare the building falls into this section because it was enlarged and there fore paragraph ei ht_would come into plan on the entire property, I am confident that those voting at Town Meeting never intended this to occur and I hope you have `tongue in cheek' when you say the entire prop- erty must conform to section eight in P1r. Garneau's case, First compliance would be impossible. Secondly the Article if applied retroactively poses many problems, Again I request that you issue the permit without further delay so that ~1r, Garneau's position -~ill depend upon the outcome of the Appeals Board decissio~ You still control the occupancy permit. S .~ MICHAEL URISCOLL Attornef at Law Naadtcket. Massechusotts 02554 Fost OtY'ioe Bo: H98 Norman Chaleki, Town and County Broad Street Building Inspector Building Nantucket, MA 02554 l 617) 228 - 0016 December 15, 1982 Re: Ben Garneau, Brass Lantern, 11 No. Water Street, Nantucket Oear Norman Chaleki: I understand from Mr. Garneau that he received permission from you to start work since the only thing you had not figured out was the amount Of tfie check required and that he left you a blank check for that purpose. Kindly advise the amount required so that we can secure the permit. The request for a Board of Appeals hearing is being submitted to Mr. Dale. Chairman of the Appeals Board this week in which the required relief from 6B-4, Special Permit and 7-H, Extention of non conforming use. Mr. Dale tells me that he expects to be able to schedule the hearing for the 1th of January and will do his best to expediate the matter so that an occupancy permit can be executed in due time. Relying on your assurance that the permit would issue Mr.Garneau borrowed a sizeable amount of money about a week ago. I know because I processed the papers for the mortgagee. This action was taken re- lying upon your word that he could proceed. If he is forced to wait for six wee{:s in order to have the formality of the Appeals Board de- cision before you issue a hermit Mr. Garneau will loose approxirwate'.y $'.5,000.00 on interest payments. I do not ttrink it is ~visc to put the Town in this position if there is a suit for damages because of the delay in the paper work being issued by your office. I do think you could issue the Building Permit now and you can be assured that any conditions imposed by the 3oard of Appeals will be fulfilled since if they were not you would not give an occupancy permit. I think such a solution would protect the Town and be a welcome result for Mr. Garneau. Si rely y s ~~G" MD:pm Plichael Driscoll Enclosure ,~ ~~ s r ;,~ ~ ,, 1 si A . D ~ ~ r a ,, b ~ ~ A ~ ,.. 0 i ~ , ~ ni -. .. . r :, ~ ~ .. __ W~ ' ~ \ V. !~ ~ ~ 1~ M t ~f .~ ~ c ~ 2 00 A ~ ~ r ~ { r S ~- ~ ~ o N ~ ~ ? o ~ ~° M N - -~ .r N a rZl ~ ~ :t D ~_ l~ ~= ' ~_ ~' ~" N ~' 34' .t o" W • '. z ~ ~ z ~ ~ ~~ c ~ ~ ~ -'~ ~ -~ a • -C • w O ~ ~ n I .,~ V 0 0> .~ ~ n ~ ~ ~ , ~ C , ~: a:~ STRE:E~' ~+'T' '' A"i"'E'i. R ~ • ~ 74.89' ,. ,;, ,., Q. •o' D 0 :i t` 0 ~ ~ O ~ Z W u r Q-~ .~ 3 2 0 o. 0 e ~~ o, 1,,.: Cr NOTICE A Publa_c Hearing of the BUARD OF APPEALS will be held on FRIDAY, JANUARY 7, 1983, at 3:00 p.m. at the TUWN AND COUNTY BUILDING, Federal and Broad Streets, Nantucket, on the application of BENOIT W. GARNEAU (044-82) seeking relief from SECTION 6-B-b (parking requirements) of the Zoning By-Law in order to expand a permitted guest house use. Property is located at 11 NORTH WATER STREET and i s zoned LIriITED COMMERC IAL . ~Q..c...Q.+~-~~ V.~ ~,~ BOARD OF APPEALS ~~ ~~ ~~~~ Kevin F. Dale, Chairman r AMENDED NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JANUARY 14, 1983, at 3:00 ~; . m. at the TOWN AND COUNTY BUILD~,NG , Federal and Braod Streets, Nantucket, on the application of BENOIT W. GARNEAU (044-82) seeking relief from SECTION 6-B-b (~~arking requirements) of the Zoning By-Law in order to expand a Permitted guest house use. P ro~,erty is located at 11 NORTH WATER STREET and is zoned LIMITED COMMERCIAL. `~c._Q`3Q~, BOARD OF APPEALS ~-~ ~ • ~ ~___ ~ Kevin F. Dale, Chai rn~an ~ `v.»-~ NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JANUARY 14, 1983, at 3:00 p.m. at the TOfaN AND COUNTY BUILDING, Federal and Braod Streets, Nantucket, on the application of BENOIT W. GA RNEAU (044-82) seeking relief from SECTION 6-B-b (parking requirements) of the Zoning By-Law in order to expand a permitted guest house use. P roperty is located at 11 NORTH WATER. STREET and is zoned LIMITED COMME RCIAL. ~~~~~ --5~-~-- ~,\~~- S~~a BOARD OF APPEALS Kevin F. Dale, Chai rman