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HomeMy WebLinkAbout048-85HTUc TOWN OF NANT UCKE r[ o 4. 2 y 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 . - . -•'r- }'.; '- ". pE CSCiI f:. 'JJ I ?O :i T'C GSVf' CG Oi ILni abut:;,.: !`ll' property on an, 3CC'c t 01' r. iv, P'opr_rtV, tail as they appear on th " - -- -- Town of l\Itintucket JL •ti 1 , �..rr li'� t jqr i A T 1i It N� 11 11K m 1 lI/ Y M 11 � IIOe N•1 1� �11(111'p llll(� TV r '-� G c 0 se r � W II♦ 12 :Ix w t1At AA I26A AC. I � 'I •1.41A . •y..✓ % 8 /A�*ICL�• /writ• 1l� /I,/ � ,i ( di /1• JR 9r✓'• nl• 7•• �A /s }A 1 1.� � Noll •IK 1 1 i,flA- — 111.1 .I •'� t• m •••^ y� tA.A4 h• s',sf He yAlr I I •SQU AM• 1. f 1.1 •t. I7.B AC. _ 1 TII— 11 K. •11 / 1a ' J.l 11 •G � I/ 1 11.111 X1.•.1 • � ,1 0.1 �.I K. \\ I. K t•3 ;� I \ ,l 118.a 1i •.1 n 1y► A• - Z t1 04 � y11t It tl.1 •0. JrIA>ti � 1.1 K. Lua aT K. 1 bl • O � I AtNf I.J./ OMMII- m m U. :0 tIS dJ, i.IN At ii I ty,i1 31 t.I!} Af 1 I tt t9 u� AIIh 30A AC. m A3!! At et j I 10 11 Al !r h� � •AMVgtT f.t •t ObITNtt011C4 ou•no1 t• t N 110 000. 1.It • l 1 .• t LEGEND The 11 1 1 Ile aild Colin _t,,,„ , ,,, ,,� 1X.0.1 OtoTlt bo< wRtOnm .. ��NN .. 1N•It t•I W 1 Lxtt Y tMNN. ••[ YxNNI_,< OL1 -10N1•II NANTUC xi0un.^a Massachusetts NAI N""TION w4owN HEREON ccwU. Pt AERIAL IM010G . Mt. MW& r W I I IK01 A O 14X3 OT OE FACOW AND 11 N TO N I CONETtuED N KAWW40 KNIKIENT ACCIl1- C ✓.` rw ACt NJ. CW4YANCE. ii •ti 1 , �..rr li'� t jqr i A T 1i It N� 11 11K m 1 lI/ Y M 11 � IIOe N•1 1� �11(111'p llll(� TV r '-� l 4<�'HT--mfr oil o y APO R AZ E•O� q) 0111- � T ['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� ,�.,�` I 0 j+0 0, 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 / t tl .,.� J�� ! ! I f' i �= f�„ �+' .� f 1 / .^ � ,,.f w ' � - ' �-E9 � ' r , fe' - _ d - � � � �• Y .. tip, �s �, , f � ✓ r� �'' �x '1�.� �r ="'" � . , � ,� --fit" fi� (1 L ,i �...d�_ f / � f 1 �� '� f ! � �'