HomeMy WebLinkAbout048-85HTUc TOWN OF NANT UCKE r[
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BOARD OF APPEALS
�''PORATE NANTUCKET, MASSACHt_?SETTS 02554
June 25, 1985
Re: SQUIDNET REALTY TRUST (048 -85)
Enclosed, please find notice of a decision of the BOARD
OF APPEALS which has this day been filed with the Town
Clergy:.
Any appeal from this action shall be made pursuant to
Section 17 of Chapter 0A of the General Laws, and shall
be filed within twenty (20) days after this date.
Z" � r/" A - /' " & �
William R. Sherman, Chairman
BOARD OF APPEALS
r.
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a Public Hearing held on FRIDAY JUNE 7,
1985 at 1:30 p.m. in the Town and County Building, Nantucket, rendered
the following decision in the Application of SQUIDNET REALTY TRUST (048 -85)
of P.0 Box 852, Nantucket, MA 02554.
1. Applicant seeks a SPECIAL PERMIT under Zoning By -Law SECTION 6F8
(codified as Section 139 -22H) to provide an Employer Dormitory, that term
being defined in By -Law Section 139 -2. The property is located OFF QUIDNET
ROAD, Tax Map 21, Parcel 119.1 in the LUG -III Zoning District. If relief
is granted, Applicant will be able toccrnstruct an employer dormitory as
part of a barn on the property, without an approximately one -year delay
under Section 7C (codified as Section 139 -27, Rate of Development or Build-
ing Cap) applicable to secondary dwellings.
2. At our public hearing, Applicant's attorney presented a site plan
of the 24.44 acre lot plus plans of the barn and of the employer dormi-
tory or "crew's quarters."
3. According to representations on behalf of Applicant, the entire
property is being planned and operated as a farm with principal residence
of Bruce and Gloria Poor, trust beneficiaries. The Nantucket Building In-
spector confirmed the existing use of the land with the primary purpose
of agriculture. Because of a disposition here favorable to Applicant, how-
ever, no specific warms made or necessary regarding application of the zoning
regulations in the face of M.G.L. Chapter 40A9 Section 3. The farming pur-
pose i5 linked more to environmental conservation than production of income.
4. Applicant intends and accepts a limitation upon dormitory occu-
pancy to two farm employees of Applicant, no occupancy by a non - employee,
each engaged in the agricultural use of the premises and not otherwise.
5. Initial concerns of abuttors and neighbors were allayed by-as-
surances that the dormitory was not a step toward subdivision of the land.
(048 -_85).
This apparent change of view is,
opposition, three of record. One
its own employees, as a hotel or
the year -round needs of farming.
favorable, allaying possible con
-2-
of course, not reflected in letters in
questions the need of .applicant for having
restaurant would, perhaps not appreciating
The Planning Board's recommendation was
tern for road access.
6. Accordingly, under the provisions of Section 139 -30, we find that
Applicant's proposed employer dormitory use is in harmony with the general
purpose and intent of the Zoning By -Law chapter. The condition is imposed,
however, that any conversion of the employer dormitory into a principal
or secondary dwelling shall subject the premises to the building cap and
any corresponding delay before the new use can be commenced. The further
conditions imposed are set forth above in Paragraph 4.
7. By UNANIMOUS vote, this Board GRANTS to Applicant the requested
SPECIAL PERMIT subject to the foregoing conditions.
Dated: June 25, 1985
Nantucket, MA 02554
3 , 3o
r �
William R. Sherman
Andrew J. Leddy /
Dorothy D. Vollans
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, JUNE, 7, 1985 at 1.30 p.m. in the TOWN AND COUNTY BUILDING,
FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of
SQUIDNET REALTY TRUST (048 -85) seeking a SPECIAL PERMIT under
SECTION 6F.8 (codified as Section 139 -22 H- employer dormitory)
of the Zoning By -Law. If granted, the Applicant would be able to
convert an existing barn into living accommodations for employees.
The property is located OFF QUIDNET ROAD, TAX MAP 21, PARCEL NO.
119.1 and is zoned LUG -III.
a3 asks
30 i:M.A
William R. Sherman, Chairman
BOARD OF APPEALS
AB -1
FEE
100.00 Case No. C,
APPLICATION TO THE BOARD OF APPEALS
Nantucket Nantucket-
To the Members of the Board of Appeals:
The undersigned hereby applies for relief from the terms of the .
(ZONING BY -LAW) (BUILDING CODE) on property described below:
Location of Property Off Quidnet Road
Lot No. Tax Map 21 Plan No. parcel No.'119.1 i
I
District .J Zoned for LUG -III
Type of structure (Existing or Propobed) or proposed use: Employer Dormitory
Ownor's Name Squidne Realty,Trust _
Owner's lddreas P.O. Box 852, Nantucket, MA. 02554
When did you acquire this property ?__
Has application been filed at Building Department? Yes
Has any previous appeal been made.? NO _
Section of By -law or Code from which relief is requested:
H - Employer Dormitory
Reason for asking relief: Applicant ha,; turned his pznnarty intcLa farm and
wishes to provide living accomodations for his employees in the Barn
By his Attorney
Signature of applicant���
Richard J. Glidden
ATTACH: (1) A list of tho names and addresses of cacti abutting owner and
owner abutting the abUCters.
(2) Check in tho amount of $50.00 made payable to the Town of
Nantucket.
(3) Map or plan ahowiPg the location of the property to be
considered.
i
(4) If the applicant is lother than the owner, please indicate yorir
authority to make this application.
BOARD'S DECISIONl� /
Application, submitted to Doard
Advertising dates
Hearing date
Decision of Board
Decision filed with the Towr. Clerk
cL' N- 'NTUCxrT
': -oard of Appeals
.L.;St of parties in intcrec:t in the matter of the petition of;
Squidnet Realty Trust
- P.O. Box,. 852___,_ Nantucket, _Massachusetts
Off Quidnet Road, Nantucket, MA. 02554
LOCUS 21 -119.1
21 -119.2 Grimshaw Realty Trust
P.O. Box 852, Nantucket, MA. 02554
21 -118.1 Low, Frank C. et al
33 Joan Drive, Chappaqua, New York 10514
21 -124 State Street Bank and Trust Co. Tr. c/o H.W. Stoddard
225 Franklin Street, Boston, MA. 02110
21 -124 Bennett, Paul
4 Gardner Road, Nantucket, MA. 02554
21 -121.1 Sangree, Walter H. and Mary L. et al
254 Highland Parkway, Rochester, N.Y. 14620
20 -49 Gardner, Betuel et al c/o E. Kittredge
700 Mammoth Road, Manchester, N.H. 03.104
20 -050.2 Folger, Fred $ Co. c/o Frank Low et al
33 .loan Drive, Chappaqua, N.Y. 10514
20 -0503 Andrews, James Clinton et al
Quaise, Nantucket, MA. 02554
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['ON%'N OF NANTUCKET
BOARD OF APPEALS
NANTU'CKErT, MASSACHUSETTS 02554
June 25, 1985
Re: SAMUEL STARK (049 -85)
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.
/-,-, �'-, -- x /�/" -
William R. Sherman, Chairman
BOARD OF APPEALS
e
- - BOARD OF APPEALS
-� TOWN OF NANTUCKET
__- — NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, JUNE 7,
1985 at 1:30 p.m. in the Town and County Building, Nantucket, -rendered
the following decision in the Application of SAMUEL STARK (049 -85) of 37
Millbrook Road, Nantucket, MA 02554.
1. Applicant seeks a SPECIAL PERMIT under Zoning By -Law SECTION
7C.j (codified as Section 139 -27J) to obtain relief from a conversant en-
tered with respect to Rate of Development, that is, the Building Cap. The
property subject to the 139 -27F covenant is located at 37 MILLBROOK ROAD,
Plan 314, Lot 56 in the RESIDENTIAL -2 Zonivt9 District.
2. The Application was heard without opposition other than the un-
favorable recommendation o� the Planning Board. Apparently that was, at
least in part, based on a reflection of Applicant's worth in a letter of
credit in connection with a Planning Board proceeding. According to Appli-
cant, issuance of that letter may have depended upon a relative's credit
standing. Its call toward the end of the year will leave him correspond-
ingly over - extended, absent relief.
3. Applicant is current on mortgage payments relying on income from
painting and sign carving. Financial distress is ascribed to over - budget
construction of a studio, inability to utilize it for catering with pro-
posed installation of an industrial kitchen, contrary to Zoning, need to
replace a contaminated well, on top of repayment of student loans. Whether
prudently or not, Applicant has left himself with inadequate resource,
other than the premises, and insufficient earning power to carry his in-
debtedness plus living expenses.
4. Applicant's covenant
Permit of October, 1983 and ma,
June, 1984. Applicant has for
summer tenant while seeking to
nant) for about one month.
was executed in connection with a Building
le operative by Certificate of Occupancy of
supplemental income, rented.a room to a
market the premises (subject to the Cove-
• •.
(049 -95)
5. Applicant submitted a realtor's letter of Flay 10,x'85 alert -ing
that year -round buyers (who might assume the covenant) buy at prices well
below the worth of Applicant's property: house plus studio on 1.8 acres.
6. If relieved of the covenant obligations by Special Permit, Appli-
cant is willing to limit anyrentals, pending sale of the premises, to a
natural person domiciled in Nantucket, in furtherance of the housing ob-
jective of the "cap." The right to sell would nonetheless be unrestricted.
7. We find that Applicant entered the covenant in good faith but
would be subject tounreasonable personal and financial hardship absent the
requested relief. This hardship, as noted, is severe enough to warrent
relief.
8. By UNANIMOUS vote, the Board GRANTS to Applicant the SPECIAL
PERMIT under SECTION 139 -17J giving relief from the terms of his covenant
on the basis set forth and with the condition that any rental prior to
sale of the premises shall be restricted to natural persons domiciled on
Nantucket.
9. Applicant further requested waiver of the fee due in this Appli-
cation, and such was UNANIMOUSLY GRANTED.
Dated: June 25, 1985
Nantucket, MA 02554
�( ,P�t.� �► �-�1 a V l S k
>
William R. Sherman
Andrew J. Leddy
Linda F. Williams
s
NOTICE
A Public Hearin, of the BOARD OF APPEALS will be held on
FRIDAY, JUNE 7, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING,
FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of SAMUEL
STARK (049 -85) seeking a SPECIAL PERMIT under SECTION 7C.f (codified
as Section 139 -27F- covenant) of the Zoning By -Law. If granted, the
Applicant would be relieved of the requirements of the Covenant due
to changing personal circumstances resulting in a hardship. The
property is located at 37 MILLBROOK ROAD, LOT 56, PLAN 314 and is
zoned RESIDENTIAL -2.
P.M.
4'," IA"Al-Ij
William R. Sherman, Chairman
BOARD OF APPEALS
FEE $100.00
APPLICA'T'ION TO THE BOA
To the Members of the Board of Appe,
1, c
Case
OF APPEALS
Nantucke :assachusetts
The undersigned hereby applies i. e from the terms �f the
(ZONING BY- LAW)(BUIi CODE) on property at_, below:
,ocat: i an o_ nr "dpery - - = S l %+
i,6't No /9Z Plan No. tr _
f_
G
�sx aQ zoned for
Type c?t s uet y �t4i-sting or sed) or propos id use
owner's
Owner's Address_
When did you acquire this pro;? y .___ , J }
Has application been filed at Buil(_.i:,c. artment?
Has any previous appeal been made? Y ` —
Code from whic relief requested: _
Section-pt
By -Law
or
Reason for
asking
relief: 7 i% ;
If
'� r1 rd - --
_--- ---- -- S i� "Ia t u r a p l i c ,-. .
ATTACH: (1) A list of the names and addresses of each abutti:: r
and owner abutting the abutters, and owners within. +
(2) A check in the amount of $100.00 made payable to
of Nantucket.
(3) Four copies of the application and a map or plan :-ir r-�
the location of the property to be considered.
(4) If the applicant is other than the owner, please
your authority to make this application.
BOARD'S DECISION
Application submitted to Board
Advertising dates
Hearing date(s)!�
Decision of Board
Decision filed with the Town Clerk
!L- /&
TOWN OF NANTUCKET
M _ho pn0v'.��'
Addy2sS
Property Addr s
L,T 4C
s
45 , r,,�� , ll�,� i� �'�
I certify the fcrogOing is a list of persons who are owners
abutting the prnparty, �wners of lani abutting the abutters,
of land directly opposit� We property on any street or way,
owners of land within 300 feet of the oroperty, all as they
on ths mcnt recent applicable TAX list.
Datp- Assessor
Town of Nantucket
�-��(_i�
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CIL, V� o
Ll eq
I certify the fcrogOing is a list of persons who are owners
abutting the prnparty, �wners of lani abutting the abutters,
of land directly opposit� We property on any street or way,
owners of land within 300 feet of the oroperty, all as they
on ths mcnt recent applicable TAX list.
Datp- Assessor
Town of Nantucket
t
1 to'e
', i
the C It�Iaury' pec '
p rofessix,als in real t�stat,
35 Main Street, Nantucket Island, MA 02554
(617) 228 -1881
10 May 1985
To Whom It May Concern:
In regard to Sam Stark's property on
Millbrook Road, Nantucket, I would
submit the following:
The property is on 1.8 acres and there
is a house and a studio on the property.
In my opinion the property is worth
$325,000.
My experience in dealing with Buyers of
real estate on Nantucket has led me to
strongly believe that "year- round" buyers,
in general, purchase property under
$200,000. The individual who can afford
or desire property in the higher price
ranges is nearly always an investor or
a summer person.. That person would not
be interested. in purchasing, a property
with a covanant restriction placed upon
it.
Sincereiy,
Sharon Benson Doucette
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