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,,IATU7T.4 % TOWN OF NANTUCKET Q 9D r
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BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
November 309 1984
Re: W.B.B.O., INC. (090 -84)
Enclosed, please find notice of a decision of the BOARD
OF APPEALS which has this day been filed with the Town
Clerk.
Any appeal from this action shall be made pursuant to
Section 17 of Chapter 40A of the General Laws, and shall
be filed within twenty (20) days after this date.
BOARD OF APPEALS
Cahoon, Chairman
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a meeting held on Friday, November --
16, 1984 at 1:30 p.m. at the Town and County Building, Nantucket, made
,,'*& the followirtg Decision in' the Applicatiop of W.B.B.O. , INC. (090 -84)
a Massachusetts corporation with address on Surfside Road (Atlantic
Avenue), Nantucket:
1. This is an Application for a Special Permit under Zoning By-
Law SECTION 139 -22H (former Section 6F8 added at the April 3, 1984
Town Meeting, Article 16, approved by the Attorney General on August
24, 1984) for an employer dormitory. By the same amendment to the
By -Law, the definition of "employer dormitory" was added at Section
139 -2A (former Section 2, paragraph 42 amended from "dormitory" to
"employer dormitory "). The subject property is lot 11, Land Court Plan
38132, D, Assessor's Map 67. On the subject property and confronting
on Surfside Road, is the W.B.B.O., Inc. service establishment "The
Muse." The subject premises are in a RESIDENTIAL -10 zoning district.
2. From a review of the Application, accompanging map and plans
together with viewings, testimony, representations and letters offered
at the Hearing, the Board finds that the proposed use of the struc-
ture to be constructed on the site is an "employer dormitory." The
first and second floor plans are identical, each with 3 bedrooms, 2
baths, livingroom, plus kitchen and dining area. Each has a separate
entry, the second floor by ;a n exterior stairs ( and no interior com-
munication with the first floor). The front door opens only into the
first floor space and this is not a "common front door" as called for
in Section 139 -8A (3) (former 4B1C). Otherwise, the building might
be a duplex permitted in the R -10 District when the intended use is
for one family or household per floor ds. dwelling unit. Nor is one
floor unit obviously an apartment to be a "secondary dwelling unit."
Nonetheless, to the extent the structure might be a duplex, it would
be in a permitted district.
(090 -84)' -2
3. W.B.B.O. proposes that a resident adult manager occupy one
bedroom, that the other two bedrooms on-thdtfloor be occupied each by
:e>
two employees of the same sex as the manager apd the bedrooms of the
other floor be occupied by W.B.B.O. employees of the opposite sex,
two per bedroom. Total occupancy is thus 11, designed for 12. W.B.BO.
has seasonally 30 -40 employees. Proximity to the Muse is seen as a
great advantage to employees as well as employer.1,Provision of the
kitchens follows from gender separation and is permitted for related
use in the R -10 District, as noted above. W.B.B.O. accepts the con-
dition of no other dwelling unit use on the subject property. I
4. W.B.B.O. representatives expressed a strong desire to have
the dormitory ready by the 1985 season and concern about the provisions
of 139 -27 (former 7C- building cap). They were referred to Town Counsel
for a favorable Interpretation of its non - application to "employer
dormitories" with corporate owners.
5. Letters from neighbors were generally favorable. A letter
and testimony in opposition expressed concern about noise and possi-
ble late -night rowdiness and vandalism, also the glare of lighting.
Applicants'representative cited presence of a mature (eg. 40 years old)
manager on site and structural and natural vegatative barriers to
sound and light in the direction of neighboring residences. Employee
parking is available adjacent the Muse, separated by a wooded path
from the proposed dormitory, some 500 feet from the Muse. In prior
years, the Muse had itself provided some employee housing, a less
satisfactory use. The Planning Board recommended favorable action.
6. In permitting employer dormitories in all districts, by
Special Permit, the Town clearly sought to encourage business to pro-
vide safe, healthy and uncrowded housing for their seasonal help. This
Application is in entire harmony with that as well as the general in-
tent and purpose of the By -Law. Further, to insure that this harmony
will continue in practise, the following conditions are imposed and
accepted by W.B.B.O.:
'.-#n•. _ ...�frrlrrY/' ANON°• -. Y
(090 =84) -3-
-Use will be restricted to that of an "employer dormitory,' as
defined, eg., for W.B.B.O. employees only.
- Occupancy overnight will be limited to 12 persons.
-One of the regular occupants shall be a mature adult serving
as reSident manager. -
-A natural vegatative buffer zone ( trees, bushes as at present)
shall be maintained no less than 20 feet wide in the direction of
....., residential areas in the neighborhood of the dormitory.
-No dwelling unit shall be constructed or used on the subject
property while the employer dormitory use continues.
7. Subject to the foregoing conditions, the BOARD, by UNANIMOUS
vote, hereby GRANTS to the Applicant a SPECIAL PERMIT, under SECTION
139 -22 H (former 6F8) to build and to use the proposed structure as
an employer dormitory.
Dated: November 307 1984
Nantucket, MA 02554
Eileen I. Cahoon
4 L y le •
vl We /L.
William R. Sherman
r
o`txP&,NTUC,,- TOWN OF NANTUCKET
P.
BOARD OF APPEALS
moo RAZ.., �b NANTUCKET, MASSACHUSETTS 02554
gPOE��
November 309 1984
Re: W.B.B.O., INC. (090 -84)
Enclosed, please find notice of a decision of the BOARD
OF APPEALS which has this day been filed with the Town
Clerk.
Any appeal from this action shall be made pursuant to
Section 17 of Chapter 40A of the General Laws, and shall
be filed within twenty (20) days after this date.
BOARD OF APPEALS
Cahoon, Chairman
iA
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a meeting held on Friday, November
16, 1984 at 1:30 p.m. at the Town and County Building, Nantucket, made
the following Decision in the Application of W.B.B.O., INC. (090 -84)
a Massachusetts corporation with address on Surfside Road (Atlantic
Avenue), Nantucket:
1. This is an Application for a Special Permit under Zoning By-
Law SECTION 139 -22H (former Section 6F8 added at the April 3, 1984
Town Meeting, Article 16, approved by the Attorney General on August
24, 1984) for an employer dormitory. By the same amendment to the
By -Law, the definition of "employer dormitory" was added at Section
139 -2A (former Section 29 paragraph 42 amended from "dormitory" to
"employer dormitory "). The subject property is lot 11, Land Court Plan
38132, D, Assessor's Map 67. On the subject property and confronting
on Surfside Road, is the W.B.B.O., Inc. service establishment "The
Muse." The subject premises are in a RESIDENTIAL -10 zoning district.
2. From a review of the Application, accompanging map and plans
together with viewings, testimony, representations and letters offered
at the Hearing, the Board finds that the proposed use of the struc-
ture to be constructed on the site is an "employer dormitory." The
first and second floor plans are identical, each with 3 bedrooms, 2
baths, livingroom, plus kitchen and dining area. Each has a separate
entry, the second floor by as exterior stairs ( and no interior com-
munication with the first floor). The front door opens only into the
first floor space and this is not a "common front door" as called for
in Section 139 -8A (3) (former 4B1C). Otherwise, the building might
„,.
: be a duplex permitted in the R -10 District when the intenede use is
for one family or household per floor vs. dwelling unit. Nor is one
floor unit obviously as apartment to be a "secondary dwelling unit."
, ........... .
Nonetheless, to the extent the structure might be a duplex, it would
be in a permitted district.
gym. �,wra�• �c �•r•� -ter _ �. „r+'C .
(090 -84) -2-
3. W.B.B.O. proposes that a resident adult manager occupy one
bedroom, that the other two bedrooms on tha floor be occupied each by
two employees of the same sex as the manager and the bedrooms of the
other floor be occupied by W.B.B.O. employees of the opposite sex,
two per bedroom. Total occupancy is thus 11, designed for 12. W.B.BO.
has seasonally 30 -40 employees. Proximity to the Muse is seen as a
great advantage to employees as well as employer. Provision of the
kitchens follows from gender separation and is permitted for related
use in the R -10 District, as noted above. W.B.B.O. accepts the con-
dition of no other dwelling unit use on the subject property.
4. W.B.B.O. representatives expressed a strong desire to have
the dormitory ready by the 1985 season and concern about the provisions
of 139 -27 (former 7C- building cap). They were referred to Town Counsel
for a favorable Interpretation of its non - application to "employer
dormitories" with corporate owners.
5. Letters from neighbors were generally favorable. A letter
and testimony in opposition expressed concern about noise and possi-
ble late -night rowdiness and vandalism, also the glare of lighting.
Applicants'representative cited presence of a mature (eg. 40 years old)
manager on site and structural and natural vegatative barriers to
sound and light in the direction of neighboring residences. Employee
parking is available adjacent the Muse, separated be a wooded path
from the proposed dormitory, some 500 feet from the Muse. In prior
years, the Muse had itself provided some employee housing, a less
satisfactory use. The Planning Board recommended favorable action.
6. In permitting employer dormitories in all districts, by
Special Permit, the Town clearly sought to encourage business to pro-
MAN vide safe, healthy and uncrowded housing for their seasonal help. This
Application is in entire harmony with that as well as the genera in-
tent and purpose of the By -Law. Further, to insure that this harmony
will continue in practise, the following conditions are imposed and
:::......::.. accepted by W.B.B.O.-
1.
-Use will be restricted to that of an "employer dormitory," as
defined, eg., for W.B.B.O. employees only.
- Occupancy overnight will be limited to 12 persons.
-One of the reqular occupants shall be a mature adult serving
as redident manager.
-A natural vegatative buffer zone ( trees, bushes as at present)
shall be maintained no less than 20 feet wide in the direction of
residential areas in the neighborhood of the dormitory.
-No dwelling unit shall be constructed or used on the subject
property while the employer dormitory use continues.
7. Subject to the foregoing conditions, the BOARD, by UNANIMOUS
vote, hereby GRANTS to the Applicant a SPECIAL PERMIT, under SECTION
139 -22 H (former 6F8) to build and to use the proposed structure as
an employer dormitory.
t
Dated: November 30, 1984
Nantucket, MA 02554
Eileen I. Cahoon
Ly le L. Rickard
-(- 6 17�__
William R. Sherman
.11W 1 -•'
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NOTICE
A Public Hearing of the BOARD OF APPEALS will be held
on FRIDAY, NOVEMBER 16, 1984 at 1:30 p.m. in the TOWN AND
COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the
Application of (090 -84) seeking a SPECIAL PERMIT
under SECTION 6F.8 as amended at the 1984 Town Meeting (em-
ployee dormitory) of the Zoning By -Law. If granted, the
Applicant would be able to construct a dormitorfor their"
y
employees on property located on SURFSIDE ROAD, LOT 11, PLAN
38132 -D and is zoned RESIDENTIAL -10.
•
BOARD OF APPEALS
Lydle L. Ric a d, airman
e
. •....
Ak
APPLICATION 1-0 THE BOARD U17 APPAIs
Nantuck t, Plassc a
-To the Members of the Board bf Appeals:
the
The undersigned hereby apglies for reli frog the t
1UONIN(j 0Y-LAW)(BUILDTNG CODE) on property described belo
A
Lo,catio '0 f troperty
rt No Plan N(*.
istrict Ii. s zoned for
Type ,of strttcturo(Existing of Propos"ej ) or FroRoged use:
3. Owner's Nam% zP INC-
Owner's Address
When d
,yots acquirt this property? F c \3
Has application been filed at Buildibg Department?
Has any previous appeal been made?
ection . 47 By- aw or Code- is (-uqsted.1
S frdm which reliel r." dal
LAJVF
L
a sO.- asking relief: maw
n
S' ature of ane'li
ATTA4: (1) A list of the .names and i ddre, Ses of ach abb
and owner abutting the abutte and owners wi
(2) A check in the amount of $100.Ob made payable
A
of Nantucket.
(3) four copies of the,application pnd a map or
the location of Chd proptrty to be retr
(4) If `.he applicant is oter than ythe owner, Ni alb
your authority tO makel"this ap lication.
LOARM'S ECISION
Appirication submitted to Board
Adv*rtising dates
Heaiinq date(s)l
Deco ,pion of oaV
Decilsionki*d with thd Town clerk
4a A
T-
)wner
rVown
tw 1 rNT9
licat-e