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Home My WebLink About021-11 Brant Point Courtyard~ _ ec,~r~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: October 14, 2011 w To: Parties in Interest and Others concerned with the Decisig.~ of The BOARD OF APPEALS in the Application of the following: Application No: 021-11 Owner/Applicant: BRANT POINT COURTYARD Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with 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 a complaint in Land 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. Edward S. Toole, Chairman cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-228-7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 73.1-73.8 15 Swain Street Book 184, Page 51 42.4.2,Parcels 10-A, Sheet 1 Residential - 1 DFCTST_ON: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, April 14, 2011, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of BRANT POINT COURTYARD, PO Box 695, Nantucket, MA 02554, File No. 021-11: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A.(4) (alteration of preexisting nonconforming structure) in order to repair the existing decking that is sited in the side yard setback. The structure will not be sited any further into the setback than what presently exists. The Locus is situated at 15 Swain Street, is shown on Nantucket Tax Assessor's Map 42.4.1 as Parcels 73.1 - 73.8, is shown on Plan File No. 10-A, Sheet 1, and title is recorded in the Nantucket County Registry of Deeds in Book 184, Page 51. The property is zoned Residential - 1. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board made no recommendation as this was not a matter of planning concern. No letters were received in favor of or in opposition to the matter. 4. Richard Moran represented the Applicant at the hearing. At the hearing, Mr. Moran explained to the Board that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A.(4) for the alteration of a preexisting nonconforming structure. 1 Mr. Moran stated that the Applicant is proposing to repair the existing decking that is presently sited in the side yard setback. Such work will just be a repair and the structure will not be altered in any way; just repaired due to the unsafe condition of the existing deck. Further, as a result of said reparation, the Applicant will be no closer to the setback than presently sited. 5. Accordingly, the Board of Appeals, by unanimous vote of the sitting members, found that given the nature of the work requested that this would not fall under the jurisdiction of the Board of Appeals as this is merely a repair to the structure rather than an alteration to the preexisting nonconforming structure and that no relief is necessary from the Board of Appeals. SIGNATURE PAGE TO FOLLOW 2 l~ Dated: ~~, 2011 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. ~ ~ ~ , 2011 ~~ On this da of ~~' , 2011, before me, the undersigned Notary Public, personally appeared ~.~ ,who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that h~e'she signed it voluntarily for its stated purpose. Nota ublic: ) My commission expires: 3 i 9~ /j Mark Poor . ..... ..... :::0 rn ,"'..., " J -~-'-i" 0:;: TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 r '. :x ;:::::00 :::0 N N -"---,- , ::g N N w ; { APPLI CA TI ON Fee: $300.00 File No. \d\'" \\ Owner's name(s): '3AAN+ Po/~ (1ud'll~dJ:> '(3Dx bYS- Mailing address: ;; Phone Number: S"olf-cJa8"- 0;). 4f/ E-Mail: 8PcYAltlXdJJ.JANItJCk.h.i, JV1.I.'- Applicant's name(s): ~1C.hl1/l.h JJjo~4.J Mailing Address: l30x bCf ~- Phone Number: t!.611 SZ>>I-3.?~-- 30,1 E-Mail: Btty.4~!> Q )..Jf}I.JWCkhr,M, Locus Address: IS- .:k..,,,,,,,,, SI Assessor's Map/Parcel: ""-.1.' /'?3,' - '3, r LaRa Ce\Uit WaA.'PJaA RS8It.& Pat;e/Plan File No.:~ J 3}uJ I ~,~ l'lt Deed Reference/Certificate of Title: ~~ 5"1 Zoning District ~-, Uses on Lot- Commercial: None_ Yes (describe) Residential: Number of dwellings./ Duplex Apartments. /~ I '> :r~./ Date of Structure(s): all pre-date 7/72 or Building Permit Numbers: Previous Zoning Board Application Numbers: 01'" g~ 2 Fahgtounds Road Nantucket Massachusetts 02554 S08~228-1215 telephon~ 508-228-7298 facsimile ,.,-. Sm'e bcloW~~ a T;r ad~li;l~tc r1P~ ~~A.~ce :f;t1 for. 1tfU- t. e(h~ Jl.Ck~ ~;W I" ;.l. do{ y.J ltiLl. I certify tllat the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Owner* SIGNATURE: ~~ Applicant/ Attomey / Agent* *If an Ag~nt is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received 011:-1-1_ By: Complete:_ Need Copies: Filed \vith Town Clerk:_/ _/ _ Planning Board:_/ J _ Building Dept.:J J _ By:_ Fee deposited with Town Treasurer:J J _ By:_ Waiver requested:_ Granted:_/ -I_Hearing notice posted with Town Clerk:J J _ MaiIed:-I -I _ I&1ir~ -1_ &--" --" _ Hearing(s) held on:-1-! _ Opened on :--" -!_ Continued to:--" --" _ Withdrawn:-1-! _ Decision Due By:-! -!_ Made:_/ --"_Filed w/Town Clerk:_/ _/ _ Mailed:-1' -1'_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508.22B~7215 telephone 508~228-7298 facsimile .... --- .--- '-'-t'~_..- -....- --- ..~-- --------- ~^ < ' < \ ~;.. ..,~'; l~'~-:: .. ~" _ II =:; '<- .......J IV ' i~: '?: ~ .. ~ _'.~-Jl' ~~~"..w-;'f.:< ~j:. Brant Point Courtyard P.O. Box 695 · Nantucket · ,\H 02554 · (508) 228.0241 To wbom it IilJ!aY concern: Please he ad\ iscd (bal Ricbaxd ).loran is employed as GCl1!C1'aI :\tanaga of 8r.nllt Point COW1.)-aro Conoominium Trust and is authorized r:o &:1 on bdralf of the Trust.. LA'/- a..~ Scott Dra\is - Vice President of Resort Opo:atioos.. Vacation ReS&Jts Inft as MimasrinS! ..\\ t:1'em _. IIioor J. IliS VACATION RESORTS INTE~TloNAL The Brant Point Courtyard Condomimum Trust - - SECOND AMENDMENT TO . MANAGEMENT AGR.EEMENlT This Second AmendmenttoManagementAgreement(the~ndAmendment1 i>> datedOlisfJ'I day of November 2004, effecive January 1,2005, byandbelween The Brant Point Courtymd Com!ominium Trust. a Massachusetts oon-profitoorpomlion (the "'Trusn and Vacation Resorts International, a CaIlomicl corporatfon quaIifed to conduct business in the State of Massachusetts (1he uManaget') (coIIediveIy. the '"Parties,. relates to tile fo~ fads and circumstances and is as follows: Recitals A. On May 1. 1997. the Parties execufBd an agreement Wed "Management Agreement' pursuant to which the Trust engaged the Manager tQ provide cedain management services to tbe va~tioo ownefship project oommonly rafeRed to as Brant _ Point Courtyard (the .Pmjec.f1. -- B. On May 1, 1999. the Parties eXecuted an agreement Wed ..~ Agreemenr- pursuant to which the Trust engaged the Manager to provide certain management smvioos to the vacation ownership project commonly refermd to as Brant Point Cow1.yard (the wprojeaa). - C. On August 1, 2001, the parties e~ted the F~rst Amendment to Mana.gement Agreement. E. The Parties also wish to amend their prior agceements mlatingto F~ as set forth in Addendum B to 1he Management Agreement. 1. Amendment The Patties hereby agree that Addendum B m the Management Agreement is replacerl enireIy wi1I1 the attached Addendum B effective Jall1lJaIJ 1, 2005. -- Page1dSeamd~Ii.oBPCllIlanapment~ ff3j F, No Other Chanqes. The Parties hereby acknowledge and agree that, except for tbe amendments to the Management Agreement specifically described in Paragraphs D and E hereinabove, no other changes are intended hereby. and aU other provis:ons oftne Management Agreement are ir.tended by the Parties to remain in fun force and effect. In Witness Whereof, the Parties have executed this Second Amendment as of the date first above written. "Trust" The Brant Poin~ Cmlliyard Condominium Trust a Massachuse~ts non-prof;l corporation BY:~ n FaTfing~o ITS: Chairman ~ "Manager" Vacation Resorts International a California corporation ITS: Pago 2 of Seoooo klcoo-dmenlln BPC ~";m~n'enl Asreemen~ . -t.. ... .'" :z . ~ ". .' ~ ~ ~ ..:~ ';: : .~~ ~ ;. ..h~ I uji ! rt 4,.. ~UIJF~MmB~l"I~ ..ll. .;~ rl.t.... ~.q( II'if;;;..... .1 .. ~l. l nF1t- t . . t:}l1 . !"',mtls', ill . .. ,I: .t;d !ilm...i :.' ltt. . Ii L1 1, l,t-,t .:.tii . I i f.1 If." f ,t,; '. "'.. 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